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HomeMy WebLinkAbout1991-0806 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 le of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL AUGUST 6, 1991 I. PLEDGE OF ALLEGIANCE: 7:30 P.M. , Civic Center Council Chambers II. ROLL CALL III. APPROVAL OF MINUTES: �Regular Meeting of July 16, 1991. IV. SPECIAL PRESENTATIONS & AWARDS: 1. Award to Finance Director for Excellence in Financial Reporting. 2 . Awards to Conservation Staff for Super Good Cents Programs and SOLVE Program. 3 . Award from National Weather Service for 100, years of service. V. CONSENT AGENDA: 1. Minutes of Boards, Commissions & Committees. 2 . Memo from Dir. of Public Works regarding Wastewater Treatment Plant Facilities Plan. 3 . Memo from Dir. of Public Works regarding final EIS for Mt. Ashland Ski Area. VI. PUBLIC HEARINGS: (to conclude by 9: 30 P.M. ) 1. Planning Action No. 91-068, a proposed change to the Comprehensive Plan Map on property located behind 50 W. Nevada Street from Open Space to Single-Family Residential. VII. UNFINISHED BUSINESS: 1. Memo from Director of Public Works concerning operation of emergency generator at Ashland Creek Sewage pump station, and progress on odor problems at sewage treatment plant. 2 . Confirmation of Mayor's appointments to C. P.A.C. VIII. NEW & MISCELLANEOUS BUSINESS: 1. Adoption of Findings of Fact approving P.A. No. 91-067, a zone change from R-2 to E-1 and Comp. Plan change from Multi-Family to Employment on property at 250 N. Pioneer. 2 Adoption of Findings of Fact denying P.A. No. 91-049, a zone change from R-2 to C-1 at 80 Hargadine Street. 8/x/9/ \ 3 . Adoption of Findings of Fact approving Conditional Use �✓�4� �dr��5� Permit for Ashland Community Hospital. 4. Memo from City Attorney concerning recently enacted State law pre-empting regulation of cigarette vending machines. 5. Memo from Parks & Recreation Commission requesting study session on August 12 from 6: 30 to 7 : 30 P.M. to discuss open space funding survey. 6. Request by D. June Smith, 113 High St. , to cut new paving for gas service. 7. Concept paper from Recycling Task Force regarding expanded activities for recycling depot. IX. PUBLIC FORUM: Business from the audience not included on the agenda. (Limited to 15 minutes) X. ORDINANCES . RESOLUTIONS & CONTRACTS: ✓1. First reading of an Ordinance rezoning property at 250 N. Pioneer Street from R-2 (Multi-family residential , low density) to E-1 (Employment) . /2. First reading of an ordinance amending the Ashland Comprehensive Plan Map on property at 250 N. Pioneer Street from Multi-family residential to Employment. �3 . First reading of an ordinance dispensing with an election and setting a public hearing on a proposed annexation on Crowson Road. Resolution sfbsing income levels and rentals and purchased cost levels. Resolution authorizing contract with City/County Insurance / �psU �i/ 30 Services for general liability, automotive liability, and so property insurance for 3-year period. ✓b.- Resolution setting public hearing for September 3 , 1991 for street improvements and traffic signal on Tolman Creek Rd. at Highway 66. .p7 . Contract regarding participation in Regional Hazardous ✓^ Materials Emergency Response Team through December 31, 1991. XI. OTHER BUSINESS FROM COUNCIL MEMBERS XII. ADJOURNMENT MINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL JULY 16, 1991 CALL TO ORDER: Mayor Catherine Golden led the Pledge of Allegiance and called the meeting to order at 7 : 30 P.M. on the above date in the Council Chambers. Laws, Williams, Acklin, Winthrop, and Arnold were present. Reid was absent. APPROVAL OF MINUTES: Winthrop asked that the number of OSFA performances per year since 1977 as stated on page 4, paragraph 4 of the July 2 , 1991 minutes be checked. On page 5, 4th paragraph, Arnold asked that the minutes reflect his objection to Hall sending letters regarding signs. The amended minutes of the July 2nd meeting and the minutes of the June 4, 1991 meeting were approved. SPECIAL PRESENTATIONS & AWARDS: Mayor Golden told of Walt Hoffbuhr's outstanding contribution during his nine years as a. member of the Ashland Community Hospital Board of Directors, during which time he served five years as President. She then presented him with a certificate of appreciation for this dedicated service to our community. Councilor Acklin also noted his dedication to Board activities. CONSENT AGENDA: Williams moved to approve same as follows: 1) Departmental Reports; and 2) Set date for public hearing on proposed vacation of an alley off Alta St. for September 3, 1991. Winthrop seconded, all AYES on voice vote. PUBLIC HEARINGS: 1) P.A. 91-067 - Zone Change - 250 N. Pioneer. Planning Dir. Fregonese said this action is to correct an error made on the current zoning map in 1981. The public hearing was opened. Michael Gutman spoke for Dr. William Waugh of Colorado who owns property at 236 First St. Dr. Waugh would like his property rezoned to employment to allow for professional offices. There being no further comment from the audience, the public hearing was closed. Fregonese said professional offices are allowed at present. Arnold moved to approve the planning action, Williams seconded,- all YES on roll call vote. Staff was requested to prepare Findings for Council approval. 2) Environmental Resources Element of Comprehensive Plan. Fregonese said same was approved by C.P.A.C. and the Planning Commission. The air quality section was included in the Conservation. Element. The public hearing was opened and there was no response. Laws expressed concern about the wording of Policy 21 on page IV-11 concerning Riparian Resource Lands. It was agreed to change the last sentence of that paragraph to read as follows: "Retaining these areas in a natural state should be of high priority, and development should consider and accommodate the habitat utilized by these plants and animals. " Concerning page IV-19, Policy 32, Laws said the wording Regular Meeting - Ashland City Council - July 16, 1991 - P. 1 "maximum extent possible" means preserving all the forest vegetation. It was agreed to re-word that policy as follows: "Emphasize the preservation of forest vegetation to the extent feasible as forested areas of the City are converted to urban uses. " Williams moved to adopt the Environmental Resources Chapter as amended,. Arnold seconded, all YES on roll call vote. NEW & MISCELLANEOUS BUSINESS: Report on financing N.W. water system improvements. A memo was read from Finance Dir. Turner and Public Works Dir. Hall outlining three methods of financing the improvements as follows: 1) General Obligation Bonds; 2) Revenue Bonds; 'and 3) Certificates of Participation. Staff recommends the third alternative. On a question from Williams, Fire Chief Woodley supplied evidence of deficient water supply for fire suppression purposes in and around the present moratorium area. Carl Oates, 351 Granite, read a statement (copy included in record) from residents of Granite Street, in which they request that the moratorium area be extended to include Granite Street from Winburn Way to the National Forest boundary. Marcie Mizerak, 316 Scenic, is concerned about ,water pressure for fire suppression. Jill Murphey, 492 Lynn, read a letter from Friends of Ashland requesting the following: 1) extension of moratorium area to end of Granite St. and above; 2) implementation of Beck Report, with emphasis on conservation and reducing distribution line leaks; 3) bringing whole city into conformance with Uniform Fire Code; and 4) establishing city-wide building moratorium. Steve Morjig, 610 Chestnut, said the Certificates of Participation is a great idea. 'Ed Houghton, 185 Scenic, asked that his letter of May 20, 1991 to Mayor Golden be made a part of the record; and that his Logan Drive subdivision for which SDC's have been paid, be excluded from extension of the moratorium area. John Barton, 300 Kent, asked that further public input be allowed, should a moratorium extension be considered. On a question from Arnold, Hall said a brand new distribution system with reasonable pressures would still have a 10- 15% loss, and losses to our system have been reduced to under 25%. Councilor Laws took exception to statements criticizing the City for inattention to infrastructure problems and explained that progress is being made in areas of water conservation, updating the sewage system, the electric substation siting, and the present discussion on financing water improvements. Arnold said Certificates of Participation should be used, but the impact softened by also using SDC's or property taxes, and less than the estimated 14 - 20% increase in water rates. Winthrop agrees that the Certificates are an appropriate method of financing the improvements, but a public hearing should be held. Fregonese said higher water rates can induce conservation. Winthrop moved to hold a public hearing on August 12 with a proposal to finance through Certificates of Participation, but consideration of alternate methods also. Williams seconded the motion which carried on voice vote, with Arnold dissenting. PUBLIC FORUM: No response. Regular Meeting - Ashland City Council - July 16, 1991 - P. 2 ORDINANCES , RESOLUTIONS & CONTRACTS: 1) Title 10 Amendments. Second reading by title only of an ordinance amending Title 10 of the Ashland Municipal Code relative to public peace, morals and safety. Laws moved to adopt same, Acklin seconded, all YES on roll call vote. (Ord. 2637) 2) Affordable Housing Income Levels. A memo from Fregonese explained that the Resolution updates income levels and includes a provision which guarantees affordability in future FmHA projects without using sleeping seconds. It also replaces Reso. 91-04 in its entirety. Winthrop noted that rental rates established are high and Golden agreed. Fregonese suggested changing rents to 25% of income. It was agreed to adopt the resolution now and bring back amendments. Acklin moved to adopt same, Laws seconded, all YES on roll call vote. (Reso. 91-28) 3) Political District Boundaries. A resolution was read opposing a proposal to change the political district boundaries. Arnold suggested the following changes: Change the last sentence of the first paragraph in SECTION 1. to read as follows: "The City of Ashland. is a cohesive and independent city which does not wish to be divided in its representation. In SECTION 1, paragraph 2 , delete the word "any" in the second line, add the words "tend to" to the beginning of the third line, and delete "true" from the third line. In SECTION 2, delete "vehemently" from the second line, and change the end of the sentence to read as follows: " . . . from representation from within the Rogue Valley. " Arnold moved to adopt as amended, Acklin seconded, all YES on roll call vote. (Reso. 91-29) 4) Clerical/Technical Agreement. City Administrator Almquist explained that this agreement has been extended for three years with a few changes as noted in information contained in the agenda packet. Arnold moved to authorize the Mayor and City Recorder to sign the extended contract, Williams seconded, all YES on roll call vote. OTHER BUSINESS FROM COUNCIL MEMBERS: Laws asked that Golden report on information she received during interviews with Police Dept. employees concerning morale in that department. Winthrop questioned if this should be discussed in Executive Session, and Interim City Attorney Thierolf was asked to research this. Police Chief Lively noted that he will be on vacation in August and would like to be present during this discussion. Williams would like to wait until arbitration issues are settled. No further discussion. ADJOURNMENT: The meeting adjourned at 9:40 P.M. Nan E. Franklin Catherine M. Golden City Recorder Mayor Regular Meeting - Ashland City Council - July 16, 1991 - P. 3 F * Department of Energy Bonneville Power Administration Lower Columbia Area o dry P.O. Box 3621 Portland, Oregon 97208-3621 July 10, 1991 In reply refer 1o: LRB Mr. Brian L. Almquist City Administrator and General Manager City of Ashland, City Hall 20 E. Main Ashland, OR 97520 Dear Brian: Marilyn Holland, our Lower Columbia Area (LCA) Super GOOD CENTS (SGC) Program Manager, has informed me that Dick Wanderscheid and Stu Smith of your SGC staff have earned three awards; one for achieving "40 Percent or. Above SGC Penetration," "Highest Overall SGC Penetration Rate for 1990," and'."Overall SGC Program Excellence." The awards were presented at the LCA's Fourth Annual SGC Joint Roundtable on Friday, June 21, in Newport. The day"was full of activity and was very well attended with a total of 54 participants, and 17 utilities were represented. Actual penetration for Ashland for 1990 was 176.5 percent. This accomplishment can only be achieved through a lot of hard work and dedication. The special achievement award, "Overall SGC Program Excellence," was the highest honor achievement award presented. Ashland was one of four utilities receiving it. To qualify, a utility must be exceptional in all aspects of the program including maintaining high SGC penetration, high visibility in the community, technical excellence both in the field and with documentation, and must be a leader and inspiration to others. Dick and Stu's roles in achieving the high penetration percentage and their overall commitment to the SGC Program are very much appreciated. Also appreciated is the support they receive from their management team. We look forward to a long-term SGC Program relationship. Sincerely, George E. Bell Lower Columbia Area Manager cc: Dick Wanderscheid, Energy Conservation Coordinator Stu Smith, SGC Program _ ' `1y � emorttn >� um July 18, 1991 G4EGG� Mayor and City Council Wrom: Dick Wanderscheid� �ll�ljELt: SOLVE Program Award In September 1990, the City of Ashland officially launched the SOLVE (Save Our Livability, View & Environment) Program. From that date until June 30, 1991, we have been able to retire 51 inefficient woodstoves and hence made an appreciable improvement in Ashland's air quality. The program has also gained national recognition by receiving a special merit award as part of Renew America's "Searching for Success° national award program. The program has been listed in the Environmental Success Index, a descriptive collection of over 1,200 nationally verified and recognized environmental success stories. Among these 1,200 programs, 20 national winners were selected in 20 environmental categories. An additional 57 programs were selected for a special merit award. The SOLVE Program received one of three special merit awards in the Air Pollution Reduction category. The Natural Resource Defense Council (NRDC) was the winner in this category for its leadership on ozone work. I have included a copy of Page 16 of the Environmental Success Index, which describes the winners and three special merit award winning programs on the air pollution reduction category, for your information. - Air Pollution Reduction Preventing Stratospheric Ozone Depletion The Natural Resources Defense worldwide epidemic of Council(NRDC),a national skin cancer and cata- �:.. i environmental organization,has strophic effects on agricul- ' (' been working to protect the ture and ecosystems.Key stratospheric ozone layer since milestones in NRDC's 1974,when scientists discovered project to protect the that chlorofluorocarbons(CFCs) ozone layer have included: and other manufactured chemicals are destroying the fragile shield Successfully peti- that protects us from the sun's tioning the Environmental ultraviolet radiation.NRDC has Protection Agency and provided highly effective leader- other agencies to ban CFC ship aimed at achieving a rapid aerosol propellants,then ( domestic and worldwide phase-out the most common use of ` of ozone-depleting chemicals, these chemicals.EPA through national,state and local banned these uses in 197 8. legislation and an international Suing EPA to treaty. require the agency to place The discovery in the mid- controls on the remaining 1980s of a large winter ozone uses of CFCs and other Earth from space. "hole" in the Antarctic region led ozone-depleting chemicals to a growing sense of urgency in air conditioning,refrigeration Helping cities and states to about the need for action.In 1991, and electronics. EPA settled the enact legislation for CFC recycling new National Aeronautics and suit in 1986 with a schedule for and other measures. Space Administration(NASA)data issuing comprehensive regulations. NRDC's ozone protection revealed greater-than-expected Calling in 1986 for a phase-' program is a prime example of ozone losses occurring over a wide out of all CFCs over the next ten how citizen organizations can have otx� area of the globe and lasting into years and working for treaty a major influence on public policy. the spring. amendments and legislation to Through scientific advocacy,legal NRDC's efforts were rewarded accomplish this,resulted in the action,and public education,the in 1990 by the adoption of a total London Amendments to the group has been a catalyst in phase-out of CFCs,internationally Montreal Protocol and the ozone reshaping local,national and through the Montreal Protocol and provisions of the 1990 Clean Air international governmental policy. domestically through the federal Act Amendments. Although it will be years Clean Air Act Amendments. With • Helping to enact a tax on before it is known how successful the implementation of the phase- ozone-depleting chemicals in 1989, these efforts will be,immediate ' out,the international community to give companies added incentives measures to save the ozone layer will be closer to heading off a to eliminate these chemicals. promise enormous benefits. ARISE Anti-Pollution Save Our Livability, View and Public Service Company of Committee Environment (SOLVE): Colbrado's Employee yr, This grassroots initiative used direct Ashland, Oregon Municipal Commuter Incentive Program ! mail,protest marches and the media to Electric Utility This three-month corporate program t force Dade County,Florida to halt The SOLVE Program provides low and used incentives to encourage employ- pollution from its outdated solid waste moderate income customers with a ees to use transportation alternatives to incinerator,which was causing health zero-interest deferred-payment loan to single-occupancy vehicles,such as problems,and install state-of-the-art weatherize their homes and replace biking or public transit.The one dollar pollution control devices.A task force old,inefficient wood stoves with more awarded as compensation for each now monitors the plant's operations efficient systems.The program not only daily round-trip sparked enthusiastic and spending, helps customers heat their homes participation,and the experience economically without burning wood, permanently changed the commut- but also improves air quality in the ing habits of some employees. Rogue River Valley. 16 0* ASpj emorandnm August 6, 1991 O4FOOa E XI: Brian Almquist, City Administrator r rum: Steven Hall, Public Works DirectorA. u�jPC Ashland Weather Station 77 100 Year Award ACTION REQUESTED Presentation of award by Mr. Michael A. Brooks, Meteorologist in Charge, National Weather Service, Medford, Oregon. BACKGROUND The City of Ashland has had a weather station in operation since 1879. The current station is located at the Ashland Wastewater Plant. Observers at the station have been: January 1879 to December 1884 M.A. Williams January 1885 to October 1889 U.S. Signal Service December 1889 to February 1910 F.H. Carter March 1910 to June 1913 G.G. Eubanks July 1913 to March 1946 Louis Dodge March 1946 to May 1983 Clarence C. Williams . May 1983 to Present City of Ashland On Thursday, July 18, 1991, Mr. George R. Miller of the National Weather Service presented a certificate to Richard Marshall and the placque you will see tonight to the City of Ashland. Brian Almquist August 6, 1991 page 2 Also in ,attendance was Mrs. Sadie Williams, wife of the late Clarence C. Williams. Mr. Williams served as a volunteer observer for over 37 years. I hope Mrs. Williams can be present at tonight's meeting as we wish to present her with a certificate of appreciation from the City of Ashland and the National Weather Service. For your information, I have attached copies of the letter from Mr. Miller and four charts of weather history for the Ashland station. The original charts are in color and are available in my office if you are. interested. DMH: cc: Michael Brooks, National Weather Service Dennis Barnts, Water Quality Superintendent Richard Marshall, Wastewater Plant Supervisor Encl: NOAA Letter Charts (4) Williams Letter • EMf O/O f^ U.S. DEPARTMENT OF COMMBAGE' National Oceanic and Atrno!,\h 3 it AaFerdixtration NATIONAL WEATHER SERVICE \ � Forecast Office 5920 N. E. Marine Drive, „-- Portland, OR 97218-108`.' June 28, 1991 r;�%rti L 2 1881 Mr. Brian Alaquist City -Administrator 1175 E. Main Street Ashland, OR 97520 Dear Mr. Alaquist: The National Weather Service is celebrating its 160th year of service to the nation. It was on October 1 , 1890, that President Harrison signed the Organic Act that created the Weather Bureau. In 1972, the organization changed its name to National Weather Service. In conjunction with this celebration, a number of cooperative observing sites across the nation have been selected to receive a plaque for 100 years of weather observations. Eleven of those are located. in Oregon. The station at Ashland Waste Water Treatment Plant is one of those sites. We are planning on presenting a nicely engraved plaque to the City of Ashland with a secondary plaque to the' observers at the Waste Water Treatment Plant in ceremonies to be held at 3 PM, Thursday, July 18, in the civic chambers, Ashland City Hall. We are hoping that you or someone from your office can attend. Please notify Mr. Mike Brooks, Meteorologist in Charge of the Medford Weather Service Office, 773-1067, if you plan to attend. The National Weather Service is proud of its cadre of cooperative weather observers. These volunteers take daily readings, often in adverse weather conditions, and relay them to Weather Service Offices. The observations are the backbone of a data network that monitors climate trends, and that is extensively used in other fields. We are looking forward to a fine ceremony and your presence would help us achieve that. Sinc*rely, i George R. filler, Area Manager/Meteorologist in Charge cc: Mike Brooks 75 Years Stimulating America's Progress * 1913-1988 ��� Prtt��uP Ptt�k�Pr ttt�t�r� f°3%Es0, A JOINT PROGRAM DEPARTMENT OF COMMERCE/NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION UNITED STATES DEPARTMENT OF AGRICULTURE/COOPERATIVE STATES RESEARCH SERVICE AMERICAN ASSOCIATION OF STATE CLIMATOLOGISTS ASHLAND, OR 1879-1990 MONTHLY TEMPERATURES IF) MONTHLY PRECIPITATION ( IN) AVERAGES EXTREMES DEGREE DRYS EXTREMES HIGH MEAN LOW WARMEST YEAR COLDEST YEAR HEATING COOLING MEAN WETTEST YEAR DRIEST YEAR JAN 45.8 37.8 29.7 55.5 1986 19.8 1937 842 0 2.70 12.29 1881 0.16 1985 FEB 51 . 1 41 .7 32. 1 60.8 1943 25.0 1989 658 0 2.13 5.89 1904 0.19 1920 MAR 56.2 45.1 34.0 67.5 1934 28.3 1917 614 0 1.94 5.35 1957 0.01 1885 APR 62.8 50.0 37.0 72.6 1926 31.5 1964 451 1 1.48 4.81 1912 0.31 1905 MAY 70.0 56.1 42. 1 81 .8 1924 36.9 1920 288 11 1.52 5.31 1945 0.07 1982 JUN 77.6 62.5 47.5 88.4 1918 42.8 1893 119 47 1.04 5.20 1888 0.00 1883 JUL 86.4 69.1 51 .8 93.7 1889 47.5 1903 35 165 0.38 3.15 1987 0.00 1883 AUG 85.5 68.4 51.3 94.5 1967 46.6 1899 35 141 0.37 3.08 1976 0.00 1881 SEP 77.9 61 .9 45.9 88.9 1943 41 .6 1983 139 48 0.87 3.90 1918 0.00 1880 OCT 66.4 53.1 39.8 76.1 1987 32:7 1919 369 2 1.59 7.43 1962 0.00 1895 NOV 53.4 44.0 34.6 61 .0 1890 26.5 1952 630 0 2.67 8.10 1903 0.00 1929 DEC 45.9 38.4 30.7 51.9 1939 23.5 1976 827 0 3.05 11 .28 1964 0.65 1985 ANNUAL 5007 415 19.62 30.13 1983 10.22 1959 OBSERVERS MAY 1983-PRESENT CITY OF ASHLAND DEC 1889-FEB 1910 F H CARTER MAR 1946-MAY 1983 CLARENCE C WILLIAMS JAN 1885-OCT 1889 US SIGNAL SERVICE JUL 1913-MFIR 1946 LOUIS DODGE JAN 1879-DEC 1884 M A WILLIAMS MAR 1910-JUN 1913 G G EUBANKS ASHLAND, OR: 350304 ASHLAND BICYCLE COMMISSION Monday, June 24, 1991 . CALL TO ORDER The meeting was called to order at 12 :02pm in the Civic Center Council Chambers by Chairperson Phil Arnold. Commissioners in attendance were Rees Jones, Doug Hayden, and Keough Noyes. Staff members in attendance were Pam Barlow, Administrative Assistant to Public Works, and Rhonda E. Moore, Administrative Secretary. APPROVAL OF MINUTES Minutes from the May 20, 1991 meeting were approved as read. ITEMS FOR DISCUSSION --Downtown Bike Rack Locations: Barlow had the proposed bike rack location maps distributed to the downtown merchants. She reported that most of the comments received regarding the locations were favorable. Those merchants objecting were: Inti Imports, Columbia Hotel, Provost Furniture (at the furniture store) . Steve Cole at Soundpeace wants the kiosk removed prior to the rack installation. Hayden moved, Arnold seconded that we proceed with the installation of the bike racks subject to reviewing the locations for any possible interference with handicapped (such as blind) pedestrians. Motion passed unanimously. Barlow will speak with Planning. --Bikeway Grants for FY 1993 : Barlow reported on the Bikeway Grants for FY 1993. Jones asked that Staff provide the estimated cost of the two projects earmarked for these funds; bike path surface improvements and restriping Main from N. Main to Siskiyou and from Walker to City limits. --"Bicycle Bill's 20th Anniversary Packet: Commission members reviewed the news packet received from State Department of Transportation. No action was taken. --Miscellaneous:Jones asked that we attempt to use the Commission's new banner whenever possible. Hayden is to check on the placement of the banner and report back to the Commission. Hayden moved, Arnold seconded that we join League of American Wheelman. Motion passed unanimously. Chairperson Arnold occassionally has schedule conflict with the Monday noon meetings so Barlow asked the Commission to consider changing the meeting day to on Wednesdays at noon at same location. Barlow will check on room availability. ADJOURNMENT The meeting was adjourned at 1: 05PM. Respectfully submitted: Rhonda E. Moore, Administrative Secretary ASHLAND HISTORIC COMMISSION Minutes July 3, 1991 CALL TO ORDER The meeting was called to order by Chairperson Jim Lewis at 7:35 p.m. Members present were Jim Lewis, Terry Skibby,Thomas Hunt,Jane Dancer, Lorraine Whitten and Le Hook. Also present were Senior Planner John McLaughlin, Secretary Sonja Akerman and Council liaison Susan Reid. Commission members Keith Chambers, Deane Bradshaw and Jean MacKenzie were absent. APPROVAL OF MINUTES Skibby moved and Dancer seconded to approve the Minutes of the June'S,•1991 meeting as mailed. Motion passed unanimously. STAFF REPORTS PA 91-072 Site Review and Parking Configuration Variance 671, 673 and 673Y2 Sisldyou Boulevard David Shaw McLaughlin briefly explained there was no change from what was presented at the last meeting. The Planning Commission basically had the same concerns as the Historic Commission and therefore requested a public hearing. No further action was necessary. PA 91-103 Conditional Use Permit 124 Nob Hill Street - Christine Edner McLaughlin related this application is to expand a structure which is non-conforming. The building plans have already been reviewed and approved by the Historic Commission Review Board. No further action was necessary. PA 91-063 Minor Land Partition and Variance Alta Avenue and Scenic Drive Kim and Dale Rooklyn McLaughlin explained this action is back to the Planning Commission regarding the paving of Alta Street, Public Works comments and certain conditions that cannot be met. No action was taken. • J PA 91-096 Conditional Use Permit, Variance and Site Review 171 Oak Street Hibbert, Swisher and Walker McLaughlin stated this application is to add a unit on to the back of an existing house, and build two new units and a retail store on the back property. The new units will be larger, more like an apartment than a motel. The retail space is proposed for the very back of the property facing toward the parking lot off Water Street. No major changes will be made to the existing house other than the addition which will be toward the rear. Siding,windows and roof pitch will match the existing portion. The units behind will offer a break from the other house in design. Staff feels this is appropriate and that the architect did a good job. He went on to say Staff is also excited about the retail space so close to the parking lot and is recommending approval of the project. McLaughlin added the Variance is being requested in order to allow the existing narrower driveway to exist instead of a 20 foot one. The brick treads may need to be widened, however. The parking spaces will be paved with asphalt. Jim Hibbert, 263 Oak Street, addressed a letter submitted by Joseph Page, owner of the McCall House located at 153 Oak Street and adjacent to the proposed site. The concerns were an overhanging bathroom, which will not be built, and the brick driveway. Although the driveway is on Hibbert's property, Page has an "undivided ong half interest in a 12 foot strip" which is the common driveway. Hibbert stated he had beenirying to locate identical bricks, but has been unable to find them. Joseph Page, 153 Oak Street, explained his concerns regarding the driveway problems. He stated the driveway is very important to him and he would like to see it retained as it is. He would also like a guarantee the integrity of the driveway will remain intact. When questioned by Hunt about conditions the owner "would like" and what is actually done, McLaughlin answered all items need to be met as part of the Conditional Use Permit approval before occupancy can commence. _ Skibby moved to recommend approval of the project,with the condition the driveway retain the existing look and integrity of brick, and that the Review Board be allowed to review the design of the driveway. Whitten seconded the motion and it was unanimously approved. Ashland Historic Commission Minutes July 3,1991 2 PA 91-099 Conditional Use Permit/Site Review/Physical & Environmental Constraints Permit Helman and Water Streets, Central Avenue and Lithia Way Lloyd Haines Currently this lot is vacant, said McLaughlin. It was a key item in the Downtown Plan, as the area is prime for mixed use. The developer has proposed retail space on the bottom story (of three). The remainder of the building will be for tourist accommodations and condominium living units, perhaps as time-share. The overall project use is in accord with Downtown use and an extension of Lithia and Bluebird Parks with the landscaped area. One of the most innovative portions of the project is the underground parking plan. The building is designed to accommodate the hillside, he continued. It fits in well not only with the downtown area but also with the adjacent residential character so Helman Street is not overpowered. Lloyd Haines, when questioned about the time share units, stated they would be tailored for people visiting from out of the area and would be in excess of$200,000/unit. There will be two elevators and spa facilities. Hunt questioned the size of these units. Haines responded typical condo units would be two bedroom/two bath or two bedroom/three bath with kitchens. McLaughlin stated this project will also entail the improvement of Central Avenue through to 'B" Street. The main access to this project will be from the Helman Street/Central Avenue intersection. When questioned by a member of the audience, Haines answered the entrance off Water Street will be near Central Avenue. He also stated there will be no vehicular access near the parking lot/narrow bridge area. McLaughlin added the City is trying to get State and Federal funds to replace the bridge. Haines stated the trees along Ashland Creek will be retained and sidewalks will surround the project. He also informed the Commission he had talked with the neighbors and had an open forum. Their main concerns -- parking and views -- have been addressed. The Commission commended Haines for the design of the project. Skibby moved and Whitten seconded to recommend approval of this project to the Planning Commission. The motion passed unanimously. BUILDING PERMITS Permits reviewed by members of the Historic Commission and issued during the month of June follow: Laura Dunbar 152 Strawberry Addition Brian/Paula Sohl 283 Scenic Remodel/Addition Ashland Historic Commission Minutes July 3,1991 3 Copeland Lumber Co. 165 Lithia Way Remodel/Addition Bette Hampton 38 E. Main Re-roof Steve/Gayle Vincent 166 N. Main Re-roof Mesa Enterprises 33 E. Main Remodel Cynthia Meir 338 Scenic Remodel Chris Edner 124 Nob Hill Remodel Al/Carol Gray 14 Beach Ave. Foundation City of Ashland E. Main/Pioneer Wall Robert/Maureen Meiser 151 Nursery Remodel Mark Schoemleber 358 High Shop Gary Brendon 424 N. Main Remodel David Allen 120 N. 2nd Remodel Greg Sprague 337 Scenic Addition Will Carr 298 Hargadine Carport/Deck Ashland Antique Emporium 90 N. Pioneer Sign Naturals 90 N. Pioneer Sign Arabella 72 N. Pioneer Sign Pacific West Insurance 400 Hersey Sign Sajama Alpaca 258 W St. Sign Rocky Mountain Choc. Factory 33 E. Main Sign OLD BUSINESS Review Board Following is the schedule (until the next meeting)for the Review Board,which meets every Thursday from 3:00 to 3:30 p.m. in the Planning Department: July 11 Dancer, Lewis, Whitten, Skibby and Hunt July 18 Lewis, Skibby, Hunt and Hook July 25 Dancer, Skibby and Hunt August 1 Dancer, Skibby and Hunt Heritage Sunday Skibby reported Heritage Sunday was very successful. The first three fire engines Ashland had were on display by the City Hall and there were more than 150 people that attended the silver tea reception. Ashland Historic Commission Minutes July 3, 1991 4 NEW BUSINESS Orientation/Goal Setting Meeting It was decided the goal setting/orientation meeting should be held in the Dankook Room at SOSC on July 31. Whitten will make the necessary arrangements. ADJOURNMENT It was the unanimous decision of the Historic Commission to adjourn the meeting at 9:15 p.m. Ashland Historic Commission Minutes July 3, 1991 g CITY OF ASHLAND PARKS AND RECREATION COMMISSION Rk7QJ1.AR M.EE r I NG M I NUTES June 26, 1991 Chair Adams called the meeting to order at 7:00 p.m. at 340 S. Pioneer Street. ATTENDANCE: Present: Thomas Pyle, Patricia Adams, Al Alsing, Lee Howard, Wes Reynolds Absent: None I. ADDITIONS OR DELETIONS TO TILE AGENDA None II. APPROVAL OF MINUTES Commissioner Howard made a motion to approve the minutes of the Regular Meeting of May 22, 1991. Commissioner Alsing seconded. The vote was: 5 yes - 0 no III. BILLS AND FINANCES Commissioner Pyle made a motion to approve the disbursements of the previous month as indicated by Payables checks #5069 through #5208 in the amount of $70,674.43 and Payroll checks #4510 - 4563 in the amount of $26,375.46. Commissioner Reynolds seconded. The vote was: 5 yes - 0 no IV. AUDIENCE PARTICIPATION ON THE AIENDA None V. AUDIENCE PARTICIPATION NOT ON TIIE AGO" None VI. OLD BUSINESS A. Closure of So. Pioneer Street MOTION The Commission reviewed two alternative designs which had been proposed by the City engineering department for a turn around area near the end of the paved portion of So. Pioneer Street. After reviewing the designs, Commissioner Howard made a motion to recommend the more rounded design to the City Council for purpose of the road closure. Commissioner Pyle seconded. The vote was: 5 yes - 0 no MOTION Commissioner Pyle made a motion to expend up to $6,000 on construction of the turn around including signage. Commissioner Howard seconded. The vote was: 5 yes - 0 no Ashland Parks and Recreation Commission Page 2 . Regular Meeting - June 26, 1991 Closure of So. Pioneer - connt. In discussion, Commissioner Alsing recommended that if the road closure is approved by the Council, that another road count be taken prior to closing the street to vehicles. The other Commissioners concurred suggesting some time in late July. Director Mickelsen indicated that he would request the count from Public Works if the road closure is approved. VII. NEW BUSINESS A. Authorization to advertise for bids Director Mickelsen requested authorization to advertise for bids for the sidewalk sweeper/scrubber which had been approved for the 91-92 budget. The City would be paying for half the cost and Parks would be paying for half the cost. MOTION Commissioner Alsing made a motion to authorize advertising for bids for the sweeper/scrubber. Commissioner Howard seconded. The vote was: 5 yes - 0 no VIII. CORRESPONDENCE, COMMUNICATIONS, DIRECTOR'S REPORT None IX. ITOIS FROM COIMIISSIONERS A. Discussion of Mt. Ashland ski area Commissioner Pyle said that he had received questions concerning possible Parks Commission participation in working to keep the Mt. Ashland ski area open. He indicated that he believed investigating the situation would be appropriate so that the Commission could have a clear point of view on the topic of keeping the ski area open. Director Mickelsen said that Brian Almquist, City Administrator, had indicated that he felt very strongly that all governmental agencies should at least sit down to talk about what could be done rather than see the ski area closed. In Mr. Almquist 's opinion, it was too important an economic and recreational recourse to ignore. MOTION Commissioner Pyle made a motion to have the Commission work with other governmental agencies to look at alternatives for the ski area. Commissioner Howard seconded. In discussion, it was determined that, if the nation passed, it would indicate general support for finding a way to keep the ski area open as a recreational recourse. Commissioner Reynolds indicated that was not at all eager to have the Commission become involved because he believed the same subsidy if invested in town would yield the same economic benefits. The vote was: 4 yes - 1 no ( Reynolds) Ashland Parks and Recreation Commission Page 3 Regular Meeting - June 26, 1991 Ski area - con' t. In some further discussion, the Commission concurred that any statement from the Commission would be in support of keeping the ski area in operation because of the recreational opportunity it offers but, at this time, would not speak to how it could be kept open. B. Skateboarding facility in Eugene Commissioner Pyle submitted a June 17th article from The Oregonian which indicated that the City of Eugene had completed building its new "Skateboard Bowl." C. Official name for "Lithia Mill park site" Commissioner Reynolds suggested that a name for the park site known as the "Lithia Mill park site" be chosen .before the tag "Lithia Mill park site" start sticking. D. Ashland Creek, a.k.a. "Lithia" Creek Commissioner Alsing suggested that a sign be posted in some significant place noting that the name of the creek which flows through Lithia Park is Ashland Creek. In discussion, staff suggested that an appropriate sign could be located on the Main Street bridge which crosses Ashland Creek. The Commission concurred that this would be an appropriate location. E. "Arts in the Park" Commissioner Adams indicated that she had been contacted by Rose Otte who inquired as to whether or riot the Commission would be open to the idea of having a more varied programming on Monday nights for the bandshell rather than having the time being set aside for the State Ballet of Oregon. After brief discussion, the Commission indicated that it would be open to having more varied programming and working with agency such as the So. Oregon Arts Council provided Commission had final approval of whatever programming is scheduled. Commissioner Pyle indicated that whomever is interested in providing scheduling for the bandshell should know up front that all performances are to be free and open to the general public, free from solicitation or sales of any kind. The other Commissioners concurred. F. Survey on funding for Open Space Commissioner Adams said that she had been contacted by the "People for Parks" committee. The committee indicated that approximately half the, questionnaires for the survey had been completed but that they had not anticipated the number of man hours which it would take to complete the survey in a timely manner. She was asked to inquire of the Commission whether or not it would be willing pay for having professional surveyors complete the survey. Commissioner Adams explained that if the.survey was not completed within a fairly short time frame, the validity of the information was less solid. Ashland Parks and Recreation Commission Page 4 . Regular Meeting - June 26, 1991 ITEMS FROM OCDMISSIONERS - con't. MOTION Commissioner Howard made a motion to fund completion of the survey. Commissioner Pyle seconded. In discussion Commissioner Alsing indicated that he could not support spending more money on the survey because the citizens committee had indicated that they would provide the man-power to conduct the survey. The vote was: 4 yes - 1 no (Alsing) X. NEXT MONTH'S AGENDA The next Regular Meeting was scheduled for Monday, July 22, 1991 at 7:00 p.m. The Commissioners would meet for a Lithia Park hillside walk at 6:30 p.m. The Regular Meeting for August was scheduled for Wednesday, August 28, 1991 at 7:00 p.m. XI. EXECUTIVE SESSION Chair Adams adjourned the meeting into Executive Session for the purpose of salary negotiations. X. RE-CONVENE TO REGULAR MEETING Chair Adams re-convened the meeting to Regular Session. MOTION Commissioner Howard made a nation to re-classify the position of Park Technician Aide to Park Technician I with the appropriate adjustment to the salary scale and to change the title of the Management Assistant to Administrative Assistant/Business Manager and to set the salary range for that position to the equivalent of that of a Park Technician III, both effective July 1, 1991. Commissioner Reynolds seconded. The vole was: 5 yes - 0 no MOTION In discussion of the location for the barricade for the proposed closure of So. Pioneer Street, Commissioner Howard made a motion to recommend to the Public Works Director that a barricade be placed in the street at the intersection of So. Pioneer and Fork Streets. Commissioner Pyle seconded. The vote was: 3 yes - 2 no (Reynolds, Alsing) XI. ADJOl1RNMENT With no further business, Chair Adams adjourned the meeting. Respectfully submitted, Ann Benedict, Management Assistant TRAFFIC SAFETY COMMISSION Minutes Thursday, June 20, 1991 CALL TO ORDER The meeting was called to order at 7:03pm in the Council Chambers by Chairperson Phil Arnold. Those Commissioners present were Nancy Burnham, Steve Armitage, Walter Schraub, Christine Schumacher, and Jim Sims. Staff representatives present were Pam Barlow, Administrative Assistant, and Rhonda Moore, Administrative Secretary. APPROVAL .OF MINUTES The minutes of the Thursday, May 23, 1991 meeting were read and approved as corrected with the following corrections noted:--- Call to Order. . . Jim Sims was absent;---Dangerous Intersection Memo from Robert D. Nelson . . .Schraub noted that . . . ; --- Letter from Robert H. Foster re: Siskiyou Boulevard (Highway 99) Bike Lane Proposal . . .Schraub requested . . ITEMS FOR DISCUSSION ---Greyhound Bus: New Bus Station at 310 Oak (the old beauty parlor location next to Sentry Market) : The lease agreement for this location fell through at the last minute. The item was cancelled. --No Parking: Next to the Coolidge and Rock Street Intersection: Commission reviewed the request and traffic studies. Chairperson Arnold reiterated that Traffic Safety Commission has chosen to set standards through a special review on a case-by-case basis. Burnham moved, Armitage seconded. Motion was passed unanimously. ---Pedestrian Committee Report: Barlow and Schraub reported on the safety activities held by the Committee. Pedestrian Safety Week was declared, police increased enforcement at crosswalks, Cable Access spots were broadcast, pedestrian safety information was included in the June utility billing insert and a student at Bellview School, Kristina Swartout, organized a safety poster project at the school. Traffic Safety Commission June 20, 1991 page 2 INFORMATIONAL ITEMS Barlow reported that the proposed grant had made the first cut and was in the top 2/3 for being selected.---Schraub had questions regarding the meeting with Gix on the proposed bike lanes for Siskiyou Boulevard. Arnold reported that both lanes are substandard. Fregonese of Planning, Noyes from the Bicycle Commission had met with him one morning and measured off various areas of the boulevard. Gix is discussing the posibilities with the State.---Sims asked Barlow for a status on the Vail railroad property issue. Barlow reported that Vail is also looking at a site on A Street, but no further information had arrived.---Sims asked that the Commission's Action List be provided to them periodically for review. Moore agreed to include them in the next Traffic Safety Commission packet. ADJOURNMENT The meeting was adjourned at 7:25pm. Respectfully submitted, Rhonda E. Moore, Administrative Secretary ASHLAND AIRPORT COMMISSION MINUTES Wednesday, July 10, 1991 CALL TO ORDER The meeting was called to order at 12 :03pm in the Council Chambers by Chairperson Al Alsing. ATTENDANCE Those in attendance were Commissioners Al Alsing, Ken Jones, Linda Katzen, Jerry Insley, Bill Knowles and Leo Zupan and staff representatives Pam Barlow and Rhonda Moore. APPROVAL OF MINUTES The minutes of the June 5 meeting were approved unanimously with the following corrections:---Topic: Hangar Waiting List: Adoption of "Official List" and other policies were discussed by Charles Shafer and the Commission. The Commission agreed that clarification is needed where someone is acting as 2 entities for hangar list placement as an individual and as a corporation. . . Staff will check with CVA (not OFA) . . . RECOMMENDED MODIFICATIONS TO RESOLUTION 90-16: . ADDING A SECOND SECTION WAIVING TIE DOWN FEES FOR NON PROFIT FLYJN'S AND INCREASING HANGAR FEES BY 6% Barlow requested that the Commission approve the modifications of Resolution 90-16 and officially request City Council adopt the modifications to waive tie down fees for non profit fly ins and increase hangar fees by 6%. Knowles advised Barlow that the Commission had previously requested a report from staff outlining the measures being implemented to tighten up collection of the tie down fees. Insley asked for a clearer accounting of the tie ' down fees' collected, requested that there be a lock box installed in the FBO office for tie down fee collections and a clearer policy on tie down fees and hangar rental collection. Insley moved, Knowles seconded that the Commission defer their recommendation of the 6% hangar fee increase until they are shown an improvement in the collection of the tie down fees and allow the amendment of Resolution 90-16 to include the waiving of tie down fees for non profit fly ins. The motion was passed unanimously. Scott told the Commission that the tie down fees were being collected and that, due to a computer error, $1900 in collected fees had not been produced on the monthly financial statements for the FBO. He hoped to have this information available for his report at the Executive Session. Ashland Airport Commission Minutes - July 10, 1991 page 2 REVIEW OF PROPOSED 'NEW HANGAR" SURVEY FORM Barlow presented the "New Hangar" survey form that is to be sent to all the people currently on the "New Hangar" listing. It will be for informational use only and will not affect their placement on the listing. CALL FOR AN EXECUTIVE SESSION: SET A DATE Tuesday, July 23 , 1991 at 7: OOpm in the Council Chambers was agreed upon for the Executive Session. REVIEW OF SAFETY REPORTS Insley reported that they are in need of trash cans. at George Hangars (Barlow is to work on getting them) , still need the sign on the maintenance hangar (referred to City maintenance) . The weed spraying has been done and the over-run was mowed. The fiberglass panels on the maintenance hangar doors are broken (referred to City maintenance) , gasoline filling valve well on northernmost tank needs immediate attention (City maintenance is working on the repair) , requested a locked, slotted type of metal drop box and envelopes for tiedown monies with the tiedown fees posted on it (Barlow will report on the cost estimate at the August meeting) . MONTHLY FINANCIAL REPORT This item was deferred to the Executive Session. RESPONSIBILITIES OF THE STATE AERONAUTICS ADVISORY BOARD (SAAB) POSITION Copies of the agendas and minutes of the last 2 meetings of the SAAB were made available to the Commission to clarify this issue. There were no comments made. FBO REPORT Scott introduced Greg Reeser to the Commission. Their proposed partnership will be presented at the Executive Session. Police are investigating the break-in of Hangar 172 (?) . $10,000 was donated to the Easter Seal Fund from the Red Baron Pizza fly-in. The Jackson County Air Show is scheduled for August 3-4. The Fourth of July Parade Fly-Over was initiated by the Air Force. An anonymous caller to the airport had advised that the FAA had been contacted and warned Ashland Air not to do the fly-over. The Commission asked that the FAA be contacted prior to the next 4th of July Parade to work together on next year's flyover. Hangar door has been repaired; only rough edges need to be smoothed over now. Fuel valve has been .repaired. Insley asked if Staff would check with APD for regular patrols by them at the Airport. Barlow will report on this after checking. Ashland Airport Commission Minutes of July 10, 1991 page 3 INFORMATIONAL ITEMS--- REIL INSTALLATION--Barlow reported that the REIL system installation should occur towards the end of August. LORAN --Barlow reported there was no word on this yet. U S CELLULAR--Barlow reported she had been advised by U S Cellular's Chicago Office of FAA approval on July 3 for an antenna installation on Dunn Butte; however, U S Cellular said they had decided to install on Miller Mountain, instead. PP&L LETTER--Barlow read a letter from staff to PP&L regarding installation of power lines north from Emigrant Creek Road along Dead Indian Road to facilitate an irrigation pump. COMPREHENSIVE PLAN--Glen Ward of 537 Dead Indian Road was present in the audience and addressed the Commission regarding ' the Master Plan update. Barlow advised him there would be- approximately a month's delay. Mr. Ward plans to make a presentation to the Commission at that time regarding a right-of- way/easement condition of concern to him. "HOLD HARMLESS" AGREEMENT--Knowles requested Commission review the present "Hold Harmless" agreement process in the near future. Knowles referred to the storage unit complex construction taking place on Hwy. 66 with special reference to making sure that restrictions on construction are required. . He' is concerned with the roof possibly needing to be a non-glare paint. Additionally, Insley felt that elevations of the new house being constructed off the south end of the runway (across Dear Indian Hwy. ) should have come before the commission. Barlow is to report at the August Commission meeting with the conditions and restrictions on these projects. ADJOURNMENT The meeting was adjourned at 1: OOpm. Respectfully submitted, Rhonda E. Moore Administrative Secretary airp\minutes\7-10-91.min OF6�N�`° July 23, 1991 4EGG� �� Brian Almquist, City Administrator Mayor and City Council Q, Eric Dittmer; RVCOG Dennis Barnts, Water Quality Superintendent Pam Barlow, Administrative Assistant ram: Steven Hall, Public Works Director Wastewater Treatment Plant Facilities Plan �1trt�Ptt: ' At the last discussion of the Ashland Wastewater Treatment Plant Facilities Plan Review in April, \ the Council requested additional information. In addition, Brown and Caldwell had a few minor corrections. Those items are attached for changes in your copy of the Facilities Plan. I have taken the liberty and added page names and inserted the changes on the pages. They have been on my desk for some time (infamous black hole) , so it is not Brown and Caldwell 's delay! If you have any questions, give me a call. SMH:rm\„mpr,.� Encl: Amendments fleBrown and Caldwell Consultants 2300 Oakmont Way Suite100 Eugene Oregon 97401-5556 (503)686-9915 FAX(503)686-1417 May 28, 1991 Mr. Richard Santner Department of Environmental Quality 811 Southwest Sixth Avenue Portland, Oregon 97204 13-4384 Subject: Amendments to April 6, 1991, City of Ashland Wastewater Facilities Plan Draft Dear Mr. Santner: On September 21, 1990, the Environmental Quality Commission (EQC)"approved the City of Ash/and Program Plan for the improvements to the Wastewater Treatment Plant Discharges into Bear Creek. The Program Plan called for a two- phased report with the first phase to be submitted by May 31, 1991 . Brown and Caldwell provided draft copies of the first phase report to the city and the Department of Environmental Quality (DEQ) on April 6, 1991. This information was then presented and discussed in a city council meeting on April 16, 1991. Our draft report was accepted by the council with minor additions. Attachment A includes additions and modifications to the April 6, 1991, draft addressing both DEG and city council comments. As we discussed, the . April 6, 1991, draft in combination with this letter complies with the interim report requirements stipulated by the EQC. Figure 1 shows the next steps to be followed by the city and DEG in the facilities total maximum daily load (TMDL) compliance process. We understand that the DEG will continue sampling and reviewing flow monitoring information for Bear Creek until approximately February 1992. At that time we expect that the TMDLs and waste load allocation (WLA) to Bear Creek will be finalized so that we can complete the second phase of the facilities plan report by April 1992. This schedule would allow the city to design improvements and begin construction by January 1992. Following a two-year construction and start-up period, the city would be in compliance with their WLA by the end of December 1994. Mr. Richard Santner May 28, 1991 Page 2 The city will continue to investigate issues related to the treatment and disposal alternatives discussed in our draft plan. From now until final TMDLs and WI-As are available next spring, the city will work with the DEG to: • Assist DEG and State Fish and Wildlife to integrate more fully fisheries concerns into the TMDL process for Bear Creek. 0 Investigate effluent water rights. • Assist DEG with TMDL and discharge permit development. • Pursue Talent Irrigation District effluent reuse. • Investigate effluent water rights transfer with acquisition of effluent irrigation land. • Refine Medford, Bear Creek Valley Sanitary Authority, and Ashland wastewater treatment and disposal costs. Thank you for your assistance. We look forward to working with you on the next phase of this challenging project. Very truly yours, BROWN AND CALDWELL 1 J hn Holroyd Project Manager JEH:jdc.cm Enclosures cc/enc: Ashland City Councilors Mr. Eric Dittmer, Rogue Valley Council of Governments Mr. Terry Gould, Brown and Caldwell, Eugene Mr. Steve Hall, City of Ashland Brown and Caldwell Consultants 3-6 13.7 inches, and 1988 was the fifth consecutive year of below-average rainfall. In 1988, the DEQ measured flows lower than W cfs in Bear Creek above Ashland. These measurements were made in the fall after irrigation releases from Emigrant Lake were stopped but before winter rains began. Table 3-3. Monthly and Annual Mean Discharge in Bear Creek at Medford Minimum, Maximum, Mean, Standard Coefficient Percent of Month cis cfs cfs deviation, cfs of variation annual runoff October 4.7 216 33 32 .98 2.4 November 8.2" 246 59 50 .85 4.3 December 17.0 1,137 147 195 1.33 10.7 January 13.0 1,080 221 238 1.08 16.0 February 12.0 873 223 194 .87 16.2 March 14.0 787 202 163 .81 14.7 April 4.9 686 197 133 .68 14.3 May 1.5 391 134 . 99 .74 9.7 June 2.1 232 73 55 .75 5.3 July .5 95 29 23 .78 2.1 August .4 115 29 27 .93 2.1 September .7 92 31 27 .85 2.3 Average Annual 8.4 304 114 75 .66 100.0 NOTE: Data accumulated by USGS from 1921 through 1981. Minimum and maximum values are extreme for entire period of record. Adapted from Brown and Caldwell, 1989. downstrea The United States Geological Survey establish . Creek gauging station at Ashland in the fall of 1990. This station is located n *b6ftm-of the outfall from the Ashland wastewater treatment plant. Flow data will be reported regularly by the USGS starting in March 1991. The preliminary flow data from this gauging station shown in Table 3-4 show a minimum, flow of 10 cfs on October 1. The DEQ reportedly monitored a flow of about 3 cfs at the Ashland gauging station while sampling in early February 1991. Ground water resources are minimal. The Bear Creek Basin consists of four aquifer units, including Quaternary alluvium, Tertiary volcanic rocks of the western Cascades, Tertiary sedimentary rocks, and Paleozoic - Mesozoic rocks. The Quaternary alluvium deposits that underlie much of Bear Creek Valley are only a few feet thick, and are too small in extent to be a major source of ground water. In addition, the alluvium contains a large.percentage of clay and yields only small quantities of water. The Tertiary volcanic rocks, the Tertiary sedimentary rocks, and the Paleozoic - Mesozoic rocks each consist of low-permeability rocks capable of yielding only small quantities of water. i -Y I'-3� December 13, 1990 ALTERNATIVE SUMMARY T1 TL E. LIMITED PLANT.MODIFICATIONS, Alternative 2 WINTER DISCHARGE OF TREATED EFFLUENT TO MEDFORD DESCRIPTION.• Alternative 2 assumes that only limited modifications would be made at the Ashland WWTP and that no plant effluent would go to Bear Creek. Winter effluent from the plant would go to the Medford WWTP in both Alternatives 2A and 2B. Under Alternative 2A,. summer effluent would be spray irrigated on city-owned land. Alternative 2B would convey summer effluent to the Medford WWTP for further treatment and disposal. A treated effluent flow equalization pond would be included in this alternative to provide flexibility for the irrigation operation. A portion of the flow would be directed through an adjacent wetland area to receive additional polishing prior to discharge to Bear Creek. Figure 8-3 shows a flow schematic of Alternatives 2A and 2B. PLANT Plant modifications would include addition of fine bubble diffusion to MODIF ICAT IONS: the undersized secondary aeration system. A second 65 400t- diameter secondary clarifier would be added to provide redundancy and PWWF capacity. Effluent disinfection equipment would remain unchanged except chlorine containment and scrubbing equipment would.be added for safety reasons. A 20-acre effluent storage pond would be included to balance the summer irrigation requirements under Alternative 2A. A pond of approximately the same size would be included in Alternative 28 to store peak flows prior to discharge to the BCVSA'interceptor. An effluent pumping station would be required with both Alternatives 2A and 2B. Major modifications would be required to the sludge treatment system under both Alternatives 2A and 2B. The existing aerobic digester would be taken out of service and a new anaerobic digester the same size as the existing anaerobic digester would be built. The existing anaerobic digester would be rehabilitated with a new cover as well as new heating, mixing, and circulation pumping systems. The existing secondary digester would be demolished. A 20-foot dissolved-air flotation thickener would be.required to thicken waste activated sludge. �.3 Sludge storage would be ndled in an off-site facultative sludge lagoon (FSL). Figur&4" shows a typical detail of a FSL. A 3.0-acre FSL would permit the plant to operate at optimum solids loadings. Presently, the plant must adapt to increasing solids ,. loadings as solids are stored in the treatment system through the winter. Ashland Facilities Plan 9-46 Environmental Concerns Each of the alternatives discussed will have some degree of environmental effect. This section will address the potential effects in respect to air quality, noise, wetlands, and fisheries in Bear Creek. Air Quality. All the alternatives will include significant construction activities at the treatment plant site. Alternatives 1A and 4 would entail the most modifications to the plant site. Dust generation would be a principal concern. Dust problems can be mitigated by a conscientious watering program during the dry periods. Any existing odor problems associated with the secondary treatment process units should be reduced as more aeration capacity is added. Although typically the headworks of a treatment plant can release odors, to date, the existing headworks has not been identified as a source of odors. If future study indicates that the headworks does release odors, odor control equipment can be added under Alternatives 2, 3, and 4. When properly operated, the FSL included in Alternatives 2, 3, and 4 would not be a source of odors. Noise. Noise will be generated during plant construction or demolition activities. A contractor would be required to conform to city ordinances regarding maximum"'allowable noise levels and permitted times of construction during each day. The construction period required for Alternative IA would be approximately 1 month at the plant site and 12 months for the interceptor construction. Alternatives 2A, 2B, 3A, and 3C would each take ' approximately 12 to 16 months at the plant site. Due to the complexity of Alternative 4, this' alternative might take somewhat longer to complete. After the expanded plant is in operation, none of the alternatives should produce noise levels higher than the current plant operation. Replacing the existing surface aerators would remove a major source of noise. Wetlands. There is no indication that the area shown for plant expansion would qualify as wetlands habitat. The wetlands polishing treatment area included in Alternatives 2, 3, and 4 would be protected and improved. Any potential irrigation or FSL site would be investigated to ensure that wetlands deterioration would not result. Bear Creek Fisheries Impacts Low flow conditions are major impediments to the expansion of fisheries on Bear Creek. In the mid 1970s, Oregon State Fish and Wildlife estimated the minimum flows preferred for development of fisheries in Bear Creek. Table 9-13 compares these minimum preferred flows for fisheries with actual Bear Creek flows at Ashland from June to December 1990. The Ashland WWTP flows and the percent of WWTP flow to total creek flow is also provided. Potable Water Impacts. The impact of an alternative upon the area 's potable water resources was evaluated. Alternatives 2A and 3A, which include irrigation land, may have a positive impact on Ashland potable water supplies if existing T. I.D. water rights can be transferred. Alternative 4, which would leave all Ashland ° effluent in Bear Creek, has the greatest impact on flows available for all buses. Alternative 4 also would produce the highest level of effluent, ' which would be further purified if potable water was generated from Ashland's effluent. 9-47 Table 9-13. Comparison of Minimum Flows for Fisheries to Bear Creek Flows Flow, cubic feet Actual Bear Creek flows, % flow from Period per second(cfs) cfs, at date' Ashland WWTP January to May 100 June 70 70.8 (7/23/90) 3.7 July,August 40 49 (8/21/90) 5.8 September 125 32.4 (9/20/90) 9.3 October 125 10 (1011/90) 30.1 November, December 100 31 (12/10/90) 1 11,5 ' Bear Creek flows as reported In Table 3-4. All alternatives except Alternative 4 would result in non-discharge of 3.8 cfs ( 2.43 mgd) of Ashland effluent to Bear Creek, at least during the summer and fall. During October of last year, Ashland's,effluent comprised about 30 percent of Bear Creek total stream now at Ashland. However, the projected summer flow from the Ashland plant would be about 8 percent of the preferred October stream flow, according to Oregon State Fish and Wildlife. It is unknown at this time what effect.withdrawal of Ashland's effluent mighthave.upon fisheries in Bear Creek. The DEQ acknowledges that there may be trade-offs between the desire for the highest quality effluent and Ashland's ability to pay for such an effluent quality, and the desire to maintain flows in Bear Creek. The DEQ has the option to reconsider the current TMDLs established for Bear Creek if they are convinced that maintaining a flow of a lesser quality effluent is in the public interest. This decision would ultimately be made by the Environmental Quality Commission which oversees the operation of the DEQ. Noncost Evaluation Summary, The preceding noncost evaluations are subjective and do not lend themselves to numerical ranking. However, the alternatives can be compared with respect to noncost criteria as shown in Table 9-13. It should be noted that the two most viable alternatives 1 and 3A compare closely; hence, neither should be excluded on the basis of noncost criteria. 9-47 A Cam. �j ►�l9 �� _ J Q U W j J OU � W q w: ._J W CE O W O �6?k� 1-- � � U d' u� v O z Z � r Co z UN J J � c� ;� r rn U co } a U Wp N LL, r. Y�wNi{e Z �j ¢ U CI N CD Z u. �j WL m W IL III:.Y1R1 Mt pl :w . r�p:aHp IM,P Or a � J w 5ai�ilin�; T '4pla: Z \ T LL N TABLE OF CONTENTS Page I. INTRODUCTION 1 A. Purpose and Need 1 B. Public Involvement 3 DECISION 3 A. Other Decision Components 5 B. Required Mitigation 6 Ill. RATIONALE FOR THE DECISION 7 A. Response to Key Issues 7 Skiing Diversity 7 Water Quality 8 Character of the South Side 9 B. Response to Other Factors 10 C. Alternatives Considered 11 Alternative 1 (No Action) 11 ARemative 2 11 Alternative 3 11 Alternative 4 12 Alternative 5 12 Alternative 6 12 Alternative 7 (Selected Alternative) 12 _ Alternative 8 12 D. Environmentally Preferable Alternative 14 IV. IMPLEMENTATION 14 V. COMPLIANCE WITH THE NATIONAL FOREST MANAGEMENT ACT 14 VII. APPEAL RIGHTS 16 I. INTRODUCTION This Record of Decision(ROD)documents my decision regarding anew Master Plan for the Mt. Ashland Ski Area(MASA). it includes the requirements and conditions for my decision, the factors that are considered, and the recourse the public has to appeal the decision. A Draft Environmental Impact Statement(DEIS)was prepared forthis proposal and released for public review in April, 1987. In response to public comments, additional analysis and documentation was completed. In order to give the public an additional opportunity to comment on the changes,a new DEIS was released on October 26, 1990.One hundred and sixty letters as well as one petition with 812 names were received from the public and various agencies commenting on the DEIS.Several comments received after the end of the official comment period were incorporated into the analysis of public comments. All comments have been reviewed and considered.A list of all comments received on the DEIS is included in the Final Environmental Impact Statement (FEIS). Responses to public and agency comments are also included in the FEIS and have been incorporated into my decision. The expanded ski area development proposed in my decision is consistent with the Forest Plan of the Rogue River National Forest.The planning area is specifically designated in the Forest Plan as a Management Area for developed recreation.The goal of this Management Area is to'provide quality outdoor recreation opportunities within a forest environment that is modified for visitor use, visitor satisfaction and accommodation of large numbers of visitors.* A. Purpose and Need The proposed action is the adoption of a Master Plan which will guide development of an enlarged ski area on ML Ashland.The purpose of the Master Plan is to enhance the economic viability of MASA by providing expanded ski-trail development on ML Ash- land;the primary need of MASA and its clientele is for additional beginner and interme- diate skiing terrain. Ski areas generally plan for a diversity of skiing terrain. The steep terrain included within MASA's existing permit boundary accounts for MASA's reputa- tion as an'advanced skiers'mountain.'The expanded development will provide a better balance of terrain for skiers of all abilities. Providing for a variety of recreational opportunities is an important role of the Forest Service. This role is consistent with the agency's National Recreation Strategy, which emphasizes partnerships between the public and private sectors for the provision of recreational opportunities. This role is also consistent with the agency's Pacific North- west Strategy,which supports efforts to stimulate increased resource-based economic activities in the Pacific Northwest region. The Forest Service recognizes that a ski area which provides a balance of opportunities for skiers of all skill levels will attract a larger clientele.This would tend to result in a more economically viable operation at MASA which would continue to contribute to the economy of Jackson County. Record of Decision - 1 Mt. Ashland Vicinity Map 62 Partlana ' CRATER LAKE ROMU u 92 Mt. Ashland 62 fwd N O R�Tm yBf�w K FALu Oregon � Prospect s.. Fnnaseo '(� y6 b � REDOING . Sha Cove a 62 e O Butte Falls 234 G td Eagle Poin }}'((WILLOW cwEEIr Ill •'�1wESf+fYO/w agu River O A04vE 14 White City 5 MedfordN Llwf acksonville 99 Phoenix rw�rw/[ 23e Talent w[stwro/" `ter Ashland Nr r west /R t �i /YY/[w1 NT ?per wttewwn► t• Mt Ashland s 66 eQy A long-term Master Plan for the ski area will provide the direction and development of. winter sports at MASA for the next 10-20 years. The long-term Master Plan will be the vehicle for implementing site-specific facilities Ccomponent projects) within the ex- panded ski area B. Public Involvement In 1984,Ski Ashland, Inc. (the permitee which owns and operates the ski area facilities on National Forest land) prepared an Environmental Assessment Report proposing expansion of the ski area Scoping for issues and concerns began with the development of this document.A prior agreement between the Forest Service and the City of Ashland indicated no further expansion of the ski area would occur without preparing an Envi- rorunental Impact Statement(ES).The Environmental Assessment Report was used as a basis for the Draft Environmental Impact Statement (DEIS). A Draft EIS was released for public review in April,1987,with a 45-day comment period. Two hundred and eighty-five copies of the DEIS were distributed. Informational *open house'meetings were held,and a number of television;radio, and newspaper stories followed distribution of the DEIS. Due to public interest, the comment period was extended two weeks and dosed on July 6, 1987.Because numerous'analysis changes wer made to the MASH proposal resulting from this initial DEIS,and in order to give the public an additional opportunity to comment on those changes, a•new DEIS was released on October 26, 1990. The three key issues identified during the public comment period were: (1)the potential impact to water quality from soil dmturbance and sewage disposal, (2) the need to Improve the diversity of the downhill skiing terrain, and (3) the potential impact to the uses and character of the south side of Mt Ashland. The planning area was visited with concerned individuals, including representatives of interested user-groups. Proposals were reviewed In the field with representatives from the City of Ashland, the Sierra Club, the Southern Oregon Nordic Club, and other interested parties. Many discussions took place between Forest Service representa- tives and members of the public.Additional%pen house*meetings were held in April, 1990 to continue the scoping process and to update the public on ski-area proposals. Newsletters were also distributed during the planning period to update interested individuals on the status of the project A new DEIS was released on October 26. 1990. Thee hundred copies of the DEIS were distributed. One hundred and sixty individual MUM commented on the new DEIS.The key issues identified in the original DEIS were reaffirmed by Public comments on the new DEIS.An analysis of those comments and Forest Service responses to specific,substantive comments are included In Appendix J of the FE'S. I considered these comments in my decision and as a result have Incorporated additional mitigation measures in the FEIS. 11. DECISION it is my decision to select Alternative 7,the agency's Preferred Alternative, described in the FEIS and shown on the enclosed map,as the new Master Plan for the ML Ashland Ski Area Alternative 7 will expand the ski area primarily on the north face of the mountain. Record of Decision -3 It will provide for increased skiing and will enhance the quality of the recreational experience, particularly for beginner and intermediate skiers.This decision is based on a careful review of applicable laws, the FEIS, and public comments. Approval of this Master Plan will provide for the orderly expansion of the ski area. It does not approve the exact final locations of component projects nor does it indicate a specific time-frame for construction of those facilities.Additional detailed designs, plans, and envi- ronmental analyses will be required before on4he-ground construction of the Master Plan's component projects. Each project included within the scope of the Master Plan will require an additional level of environmental analysis before construction is approved. A 'No Action' alternative will be analyzed for each component project submitted. The facilities authorized by this decision will support a total capacity of 4,800 people at one time (PAOT). The PACT permitted in my decision represents a maximum capacity level possible under the approved Master Plan; the figure is not a target for development. Although the 4,800 PAOT figure represents the Master Plan's full potential for development, further analysis may determine that tower levels of development are appropriate. Specific elements of my,decision are described below and are shown on the enclosed map. A detailed description of Alternative 7 is provided in Chapter II of the FEIS. The permit boundary is expanded to include a total of 1,180 acres.The expansion is located primarily on the north side of the mountain, including the area known as the •Knoll' (see map). Alternative 7 provides for improvement to the existing lodge and it authorizes construction of additional lodge facilities at the Knoll to accommodate the expected increase in skiers. Speck location and design of new construction will occur after detailed engineering investigations are completed. Parking, water, and sewage facilities will be constructed according to a schedule that will accommodate the expanded capacity of the lifts and ski trails. Including the existing development at MASA, a total of eight lifts and approximately 197 acres of ski trails are authorized by the Master Plan described in Alternative 7. New lift technologies, terrain considerations, and other factors may result in minor changes in the trail acreage and lift types identified in Alternative 7. Further study will also determine the feasibility of continuing or modifying the Sonnet area for downhill skiing or replacing that lift for snow play. The actual schedule for all lift construction/removal/replacement will be determined in the environmental analysis for each lift. One mile of cross-country trail is authorized for grooming on Road 20, on the south side of the mountain. Over-the-snow evacuation routes and short segments of summer maintenance road will be located to serve new lifts C6 and C7. New road construction will also be required to access parking in the present Poma area A. Other Decision Components * The actual design of the expanded sewage facility is yet to be determined. However, the preferred location for the treatment system has been identified (see map). The planning and design will incorporate the required State and Federal environmental standards. During site-specific analysis, the permittee will be required to explore fully all reasonable alternative sewage treatment systems before construction of a particular treatment system on National Forest land will be allowed. Record of Decision - 5 • Summer recreation uses are contingent upon Forest Service approval of a summer operations plan. The summer operations plan will identify existing and proposed uses and it will identify special mitigation measures needed to protect the environment. • Authorization of Altemative 7 as the Master Plan is made with the understanding that the Master Plan will be amended or revised to reflect longer-term decisions regarding the northern spotted owl. No timber sales for clearing ski runs, lift facilities, or other purposes, will be auctioned or awarded until completion of revised Forest Plan stand- ards and guidelines to ensure the northern spotted owl's viability,as required by Judge Dwyer's decision on May 23, 1991.Any proposed removal of owl habitat after develop- ment of these standards and guidelines will be evaluated in a project-specific analysis which teirs to the EIS which generated the standards and guidelines. The U.S.D.I. Fish and Wildlife Service will be consulted during the site-specific analysis for each project. • The MASA Special Use Permit issued in 1986 remains in effect. However, in order to incorporate additional mitigation measures and to comply with the terms of the National Ski Area Permit Act of 1986, a new Special Use Permit will be issued. B. Required MRlgatlon All practicable means to avoid or to minimize environmental harm have been consid- ered in the design of Alternative 7.The detailed mitigation measures to be required for this project are displayed in Chapter II of the FEIS. Some of these measures are listed below.The standards, guidelines, and mitigation measures outlined in the Forest Plan are also incorporated by reference as required measures.All required measures will be incorporated into the planning, construction, and operation of this project. 1'. Environmental analysis will be conducted for all ground-disturbing activities. 2. In cooperation with the Forest Service, a summer operations use plan will be devel- oped to identify potential summer recreation opportunities.Potential summer use activi- ties will be studied through the environmental analysis process and they will be man- aged to avoid or to mitigate environmental impacts. Wildfire habitat needs will be thoroughly considered in the development of a summer operations use plan. 3. All requirements and standards for protection of threatened, endangered and sensi- tive species will be met. 4. Erosion control plans for the construction, restoration, and maintenance of facilities will be prepared by the permittee and approved by the District Ranger. 5.Appropriate site-specific geotechnical investigations will be undertaken prior to final project design, approval, and.construction.. 6. Appropriate hydrologic analysis will be conducted to assess the potential water quality impacts of site-specific development activities. 7. The Forest Service will encourage consultation between local and State regulating authorities to ensure that potential impacts to water quality are fully assessed during the environmental analysis process for the enlarged sewage treatment system. Record of Decision - 6 8.Development will not occur in wetland or riparian areas unless there are no alternative sites available,as determined by a Forest Service hydrologist.Before any such develop- ment is authorized, a detailed mitigation plan will first be submitted for Forest Service review and approval. 9.If such projects are approved,construction techniques that minimize soil disturbance and avoid compaction will be utilized in or near wet meadows. 111. RATIONALE FOR THE DECISION Significant efforts were made during the preparation of this EIS to involve and to solicit input from interested organizations and individuals. I believe that interested parties have been actively involved and have been given adequate opportunity to voice their opinions and concerns. I recognize that most of the public comments have been in favor of expanding the ski area I also recognize that some public comments have been in opposition to specific facets of the project. I have considered all input in arriving at my decision. In making this decision, it.was necessary to weigh the relative merits and consequences of each alternative as well as to consider the legal concerns and public comments. I had to consider the direct, indirect and cumulative impacts as well as the irreversible and irretriev- able commitment of resources to an expanded ski area. I also viewed this decision in terms of questions about regional economic (particularly recreational/tourism-oriented) develop- ment strategies. Will improvement in the quality of the recreational facilities at Mt. Ashland attract additional people whose expenditures will contribute to the local economy? Will Improvements help ensure the Tong-term economic viability of the ski area? In summary, I considered whether the overall public interest would best be served by expanding the ski area, and if so, which alternative would best meet the public interest. My decision in selecting Alternative 7 reflects the intention to allow Mt. Ashland Ski Area to expand the number and variety of skiers it serves, while protecting the environmental qualities and recreational attributes that make ML Ashland a unique, significant place. Factors which relate to my decision are discussed below. No single factor determined the decision.Rather,all factors were considered and balanced in reaching the decision that will result in the greatest overall benefit to the public. A. Response to Key issues During the scoping process and the subsequent review of public comments to the DEIS,a number of issues were identified.From these,several issues emerged as being particularly important The resolution of a particular issue will be evaluated differently among concerned individuals, but I have made every effort to consider all viewpoints in making my decision on the MASA Master Plan. Is there a need for better skiing diversity, with emphasis on providing more beginner and Intermediate skiing terrain? One factor which was reinforced during the public review period was the need for more diversity in skiing terrain. MASA is known as an'advanced skiers' mountain.' Public response to the DEIS reaffirmed the need for additional ski trails, particularly Record of Decision - 7 on beginner and intermediate terrain. The analysis of the Knoll indicated a variety of .novice-to-intermediate terrain that would balance Mt. Ashland's largely advanced-ability level terrain.I believe development of the Knoll area is in the public interest by providing MASA with critical lower-ability,skiing terrain. Expansion of the ski area as planned in the selected alternative would provide for a balance of ability levels that closely matches the expected distribution of skier ability levels in the market. The long-term objectives of the Master Plan are to provide a high quality downhill ski experience that is in balance with other recreational opportunities at Mt. Ashland, is economically feasible,and is within the capabilities of the land to absorb the development.The proposed expansion will accomplish these objectives. It will provide the needed balance in skiing terrain and, overall, it should contribute significantly to the long-term viability of the ski area 1 recognize the need of MASA to utilize established facilities and assets to supple- ment winter season revenues. Development of a summer operations use plan will increase the diversity of recreational opportunities and will contribute to the long- term economic stability of the the ski area I also recognize the positive effect a financially sound ski area can have on the local economy. In addition to the direct contribution the ski area makes to the local economy, it provides recreational opportunties and sources of income during November-February, a period when other recreational and tourist-oriented uses in Jackson County(such as the Oregon Shakespeare FestivaQ are not occuring.Most of Jackson County's income-producing recreational/tourism opportunities are sea- sonal (i.e., March-October);the MASA expansion can help to provide for increased recreational opportunity during the winter season. How will water quality wtthin the Ashland Creek Watershed be protected and how will It be affected by soil disturbance? As discussed in the FEIS(Chapter IV,Section B.3),some ground disturbance would result from the Master Plan's component projects.The actual amount of disturbed soil any one time will depend on the schedule of projects as implemented. The MASA permittee has effectively mitigated erosion during and after construction of the Comer chairlift in 1987. The mitigation measures applied there will be used in the construction of additional towers and ski trails. I believe that appropriate mitiga- tion measures have been developed which will reduce or avoid adverse conse- quences. Additional environmental data and hydrologic/soil studies, needed to provide Informabon that will help reduce potential impacts to water quality, have been Identified. Mitigation measures outlined in the FEIS will be further developed and prescribed during site-specific analysis of component projects.With this ongo- ing environmental analysis, I believe that impacts to water quality will be substantial- ly reduced or eliminated altogether. Those adverse impacts which can not be eliminated are acceptable in the context of the total project. it is important to note that my decision does not include approval of a sewage system within the Ashland Creek Watershed.Although such a sewage system may be technically feasible from an environmental quality standpoim, I am unwilling to authorize such development without more reliable information. it is of over-riding importance to maintain the high quality of water for the City of Ashland's domestic water supply. Because of this concern, I will not permit a sewage drainfield within Record of Decision - 8 the Watershed. I also realize that current technology in sewage treatment can provide a safe and acceptable means of dealing with this concern at an alternative location outside of the Watershed. The permittee will be required to comply with requirements of the Clean Water Act, applicable State standards, as well as local regulations, during the development of any sewage treatment facility. The expan- sion of the ski area beyond its current sewage capapcity is contingent upon the permittee obtaining the necessary permits from regulatory authorities for expansion of the sewage treatment facility. Expansion of the ski area will also require additional parking areas to accommodate the increased number of skiers. 1 recognize the concern of potential contamination of water supplies by petroleum products from these areas.The analysis in the FEIS (and with use of the mitigation measures identified in the FEIS) indicates the potential for contamination of municipal water supplies is remote. As to the question of improperly disposed human waste and the potential effects on the municpal water supply,the mitigation and monitoring measures identified in the FEIS will assure that the risk to any water source are within the provisions of the Clean Water Act. It is also important to note that the mitigation measures required for this project are stringent These measures are intended to reduce significantly the direct, indirect, and cumulative impacts; these measures will be reviewed and then applied or modified as appropriate. Site-specific mitigation measures for the Master Plan's component projects, coupled with Forest Plan Standards and Guidelines, will en- sure compliance with Federal and State water quality standards. Analysis has shown that the impacts to water quality would be of such a small scale as to be immeasurable. How will the uses and existing character of the south side be affected? A concern of some local residents is that downhill skiing facilities on the south side of the mountain (west of the current parking areas) would adversely change the existing character and values of that area. It became dear during the scoping process and the DEIS comment period that cross-Country skiing and the existing character of the south side are important.Cross-country skiing is the most popular form of dispersed winter sport on the Rogue River National Forest. Grooming one mile of cross-country trail (i.e., extending west along Road 20 from the current parking area) in an area of harsh wind conditions and drifting snow will provide easier access for families beginning this sport The Master Plan's inclusion of Improved accessibility for cross-country skiing will diversify the winter sports oppor- tunities in the area I am aware of the differing needs and expectations of cross-country skiers and downhill skiers.The main emphasis of the MASA permittee is to provide for downhill skiing opportunties. As to potential areas where cross-country and downhill skiing both might occur, the conflicts that would have been created (as well as the measures that would have resolved these conflicts) were identified.The DEIS and the FEIS identified potential areas for additional downhill skiing.The south side of the mountain was one of several such areas that were analyzed as possibly provid- ing additional beginner and intermediate level downhill skiing terrain. More desir- Record of Decision - 9 able skiing terrain at the needed beginner and intermediate skier-ability levels are offered at the Knoll. In view of the expressed needs of the public and the stated needs of the permittee, I have decided not to allow additional facilities on the south side. The area identified in the FEIS as the south side will remain in its existing condition. Summer recreational uses will not change unless and until proposed activities are approved in a summer operations use plan.I will encourage the public to help the Forest Service to identify the uses compatible with this area.The facilities and appearance of the Mt. Ashland Campground will not change as a result of the MASA Master Plan decision. B. Response to Other Factors Botanical Area. The Klamath National Forest (KNF) is considering a Botanical Area designation for the south side of Mt.Ashland.The KNF is in the early stages of preparing a National Forest land and Resource Management Plan; it is extremely important that the Rogue River National Forest continue to coordinate MASA-related actions with the KNF planning process.After careful review of the FEIS, I have determined that potential conflicts between the expanded MASA permit boundary and the candidate Botanical Area are minimal; the expanded permit boundary for the ski area will not compromise the objectives of the candidate Botanical Area Fragile High Elevation Site. MASA is located at a high elevation site with a short growing season and fragile soils. During the winter months, soils are well protected by deep snow cover and the area can withstand heavy use with very minor impacts. During the summer months, however, the area is more susceptible to overuse. In recognition of this potential environmental impact, I am requiring the preparation of a summer operation use plan prior to authorizing new summer uses. Measures to mitigate poten- tial impacts of overuse have been identified and will be incorporated into this plan. Economics. I have reviewed the financial analysis to assure myself that the develop- ment proposed is economically feasible.The financial success of the ski area is impor- tant when considering its local and regional benefits. The alternative that provides the greatest potential for financial success is the aftemative most likely to ensure the long-term viability of the ski area I have strongly considered this criterion in making my decision. 1 also have no reason to believe the permittee would undertake additional development that is not financially feasible. Environmental Factors. Implementation of the alternatives will result in some adverse environmental effects. I have considered the direct,indirect,and cumulative effects that would result from implementation of the Master Plan. Commitment of forested land to the development of ski trails is unavoidable and will change the appearance of those portions of the landscape. Construction of roads and parking areas will also result in an irreversible loss of forest site productivity on these areas. I recognize that many people value the Ml Ashland area for its natural beauty.Development may unavoidably affect the natural appearancq in some places, particularly in the vicinity of the Knoll and other north-side areas, but the values many people seek on the south side of the mountain will not be lost. Record of Decision - 10 C. ,Alternatives Considered This section briefly describes the alternatives that were considered in detail. Twelve other alternatives for providing downhill skiing were considered but these were eliminat- ed from detailed study. The rationale for their elimination is provided in Chapter II, Section B,of the FEIS.In addition to these alternatives,two alternatives from the original DEIS were considered but eliminated from detailed study because the issues, con- cerns, and opportunities addressed by these altematives were adequately met by Alternative 2. Eight alternatives are considered in detail in the FEIS. Alternatives 7 and 8 were developed in response to public comments on the 1990 DEIS. All alternatives are designed to provide a variety of choices for improving the recreational experience at MASA. Alternative 1 (No Action) This alternative would make minor modifications to the existing facilities within the scope of the current Special Use Permit.The permit area would remain at 290 acres.Modifica- tions would include the moving of Ariel terminal downslope (i.e., out of an area of high velocity wind) and interior improvements to the existing lodge and rental shop. MASA's capacity would remain at 1,658 people at one time (PAOT), served by the four existing ski lifts. The 88 skiable acres and their range of ability-level distribution would not change. Alternative 2 Alternative 2 would expand the permit boundary to enclose 500 acres,including an area on the south side of Mt Ashland that has historically been used for downhill skiing. MASA's capacity would increase to 1,854 PACT. A total of five lifts would serve the downhill skiing terrain.Approximately four acres of new skiing terrain on the north side of the mountain is proposed under Alternative 2. In addition to improvements to the existing lodge and rental shop,additional facilities would include a snow-play area and one mile of groomed cross-country ski trail on the south side of the mountain. Parking capacity would be increased from the current 600 spaces to accomodate a total of 805 vehicles. A variety of summer uses at MASA would be developed. Theie uses would include (but would not be limited to) running and orienteering events, bicycle and horseback riding concessions, music festivals, and educational seminars. Alternative 3 Alternative 3 would represent a substantial increase in MASA's size and its diversity of skiable terrain from current levels. it would increase the capacity of the ski area to 4,025 PACT. A new lodge at the Knoll would accommodate the increase in visitors. A total of seven ski lifts for downhill skiing would provide access to 180 skiable acres. The distribution of accessible terrain by ability level would be enhanced with the creation of additional intermediate runs on the Knoll and north of the Bowl. The permit boundary would be expanded to enclose a total of 1,120 acres, including several areas of desir- able skiing terrain.Additional facilities include a snow-play area at the Knoll, a telelift for telemark skiing, and a system of cross-country ski trails on the south side of the Record of Decision - 11 mountain.Parking capacity would be increased to accomo date 1,655 vehicles.A variety of summer uses at MASA would be developed. These uses would include (but would not be limited to) running and orienteering events, bicycle and horseback riding con- cessions, music festivals, and educational seminars. Alternative 4 Alternative 4 would result in the most extensive enlargement of MASA of all eight alternatives presented. A total of 4,968 PAOT would be served by eight lifts and their trail systems. Skiable terrain would be increased to 205 acres. The distribution of ability4evel terrain would be enhanced by additional beginner and intermediate runs. The permit boundary would be expanded to enclose a total of 1,230 acres, including areas north of the Bowl,on the Knoll,and on the south side of the mountain.A new lodge area at the Knoll,which would include facilities for overnight accomodations,would be linked to the existing lodge with a transport lilt. Additional facilities would include a system of groomed cross-country trails,a service building/warming hut,and a telelift for telemarkers on the south side of the mountain.Parking capacity would be increased to accommodate 1,900 vehicles.Summer uses of MASA would be developed.These uses would include(but would not be limited to)running and orienteering events,bicycle and horseback riding concessions, music festivals, and educational seminars. Aftemattve 5 Alternative 5 would increase MASA's capacity to 3,554 PACT,served by a total of seven lifts.it would expand the permit boundary to enclose a total of 910 acres,including areas north of the Bowl and on the south side of Mt.Ashland.Developments on the south side would include a lift for downhill skiing, a warming hut, one mile of groomed cross- country trail, and a parking area Skiable acres would be increased to.145 acres. Additional facilities would include a snow-play area at the Knoll and improvements to the lodge.Parking capacity would be increased to ac comodate 1,450 vehicles.Summer uses of MASA would be developed.These uses would include(but would not be limited to) running and orienteering events, bicycle and horseback riding concessions, music festivals, and educatitxtal seminars. Another possible summer-use opportunity would be the use of lift C10 to transport visitors to a viewing area Afemative 5 Altemative 6 would provide for 3,494 PAOT; a primary difference from Alternative 5 is that lift C10 (on the south side of the mountain).would be located entirely above Road 20,thereby permitting traditional access by cross-country skiers to the south side of Mt. Ashland. A total of seven lifts would provide access to 145 acres of skiable terrain. MASA's permit boundary would be expanded to enclose a total of 880 acres, including areas on the south side and north of the Bowl.A snow-play area would be located near the Knoll.One mile of cross-country ski trail would be groomed.Parking capacity would be increased to accomo date just over 1,400 vehicles. Summer uses of facilities would be developed. These uses would include (but would not be limited to) running and orienteering events, bicycle and horseback riding concessions, music festivals, and educational seminars. Another possibile summer-use opportunity would be the trans- port of visitors on lift C10 to a viewing area Record of Decision - 12 i�112,11 40wo ' �t mv � e,.ue� ��z�� lE, 1 � 0� � J�*�i�lEtI71111La'11111 WC14 �A`� l; Alternative 7 Selected Alternative Alternative 7, the Forest Service's Preferred Alternative in the FEIS, would expand MASA's capacity to 4,795 PAOT,served by a total of eight lifts.Skiable terrain would be increased to 197 acres. One mile of cross-country trail would be groomed on Road 20. No permanent facilities would alter the character of the south side.A transport lift would connect the existing lodge to a new facility at the Knoll. MASA's permit area would be expanded to enclose a total of 1,180 acres,-primarily including areas north of the Bowl and at the Knoll. Parking capacity would be increased to accomodate just over 1,900 vehicles. Summer uses at MASA would be developed. These uses would include (but would not be limited to) running and orienteering events, bicycle and horseback riding concessions, music festivals,and educational seminars.Another possible summer-use opportunity would be the transport of visitors on lift C9 to a viewing area at the Knoll. Alternative 8 Alternative 8 would increase MASA's capacity to 3,073 PAOT, with 141 skiable acres served by a total of six lifts. Besides improvements to the existing lodge, new facilities would include a snow-play area at the Knoll.MASA's permit boundary would be expand- ed to enclose a total of 780 acres,including an additional area north of the Bowl.Parking capacity would be increased to accomodate 1,235 vehicles. Summer uses of MASA would be developed. These uses would include (but would not be limited to) running and orienteering events, bicycle and horseback riding concessions, music festivals, and educational seminars. A comparison of major components of the alternatives are shown in the following table. COMPARISON OF ALTERNATIVES Alternatives 1 2 3 4 5 6 7 - 8 People At One 1,658 1,854 4,025 4,968 3,554 3,494 4,795 3,OZ3 Time Gross permit acres 290 500 1,120 1,230 910 880 1,180 780 Skiable acres 88 92. 180 205 145 145 197 141 Total number of Ift 4 5 8 8 7 7 8 6 Groomed cross- 0 1 16 16 1 1 1 0 country trail mile miles miles mile mile mile - Parking spaces 600 805 1,655 1,905 1,450 1,405 1,905 1,235 Record of Decision- 13 D. Environmentally Preferable Alternative According to Federal regulations (40 CFR 1505.2(b)), I am required to identify the attemative(s) which could be considered to be environmentally preferable. The environ- mentally preferable alternative is defined as the alternative causing the least impact to the biological and physical environment. Based on this definition, Alternative 1 - No Action is the environmentally preferable alternative.Alternative 1 was not selected for several reasons.The principal reason is that it neither contributes to the diversity of skiing terrain nor to the long-term economic viability of the ski area IV. IMPLEMENTATION This decision will be implemented thirty(30)calendar days after the Notice of Availability of the FEIS and the Record of Decision appear in the Federal Register. Each project authorized as a Master Plan component will require additional environmental analysis prior to construction, with the appropriate level of analysis determined pursuant to the National Environmental Policy Act and Forest Service requirements. V. COMPLIANCE WITH THE NATIONAL FOREST MANAGEMENT ACT Forest Plan Consistency The selected actions are consistent with the Forest Plan. My reasons for making this determination follow: • The existing MASA permit area and the selected expansion area are designated by the Forest Plan for Developed Recreation, Management Area 4. The goal of this Management Area is to 'provide quality outdoor recreation opportunities within a forest environment that is modified for visitor use, visitor satisfaction and accommodation of large numbers of visitors.• Development of the ski area will contribute to the range of recreation experiences available on the Rogue River National Forest, and it will better serve the needs of the recreating public. A ski area with a more balanced range of ability-level skiing terrain will tend to be more economically sound, thereby contributing proportionally to the local and regional economy. * Expansion of the existing ski area is emphasized over development of new areas. Actions are consistent with the Forest Service's National Recreation Strategy and the agency's Pacific Northwest Strategy,both of which speak to meeting public needs and promoting tourism by providing for high quality recreational opportunities. Record of Decision - 14 Suitability for Timber Production There are no lands in the MASA planning area that are identified as suitable for timber production. . Some timber will be harvested in order to prepare the area for downhill skiing. Vegetation Manipulation The actions of this project which would after vegetation compy with the seven requirements of 36 CFR 219.27(b) and the ROD issued on 12/8/88 and the mediated agreement of May 1989 for the Pacific Northwest Region's FEIS for Managing Competing and Unwanted Vegetation. My reasons for making this determination follow: * Clearcutting is the only effective means of Gearing for ski area development; clearing aftema- tives that use other cutting systems were not evaluated in detail. * During site-specific analysis, additional alternative revegetation practices will be identified that reduce the need for subsequent vegetation maintenance.treatments. Practices that meet the water quality objectives for the Ashland Municipal Watershed will be incorporated in site-specific project analysis. * Proposed manipulation of vegetation will use manual treatment methods and a maintenance strategy.Slash burning included as par of the MASA Master Plan's implementation will be done for objectives of fire hazard reduction and public safety; such actions are not within the scope of the Pacific Northwest Region's vegetation management program. * The effectiveness of vegetation maintenance treatments will be monitored; effective practices to reduce the need for future retreatments will be identified and implemented. * The vegetation management methods proposed for the MASA Master Plan were subject to public review and comment in the DEIS. Additional proposals for vegetation management will also be made available for public review during site-specific analysis of the Master Plan's component projects. * Vegetation will not be managed for timber production but will be manipulated to provide for the desired recreational opportunities. * Vegetation will be manipulated in order to construct and maintain ski trails and ski runs for downhill skiing. Clearing of the trails and runs will provide for better grooming and preparation of the skiing surface. * Vegetation adjacent to ski trails and ski runs will be manipulated to provide for visitor safety. * Water quality and quantity will be maintained. * Measures employed to manipulate vegetation will be the most economically practicable while protecting other resource values. * All site-speck actions which require vegetation manipulation will be conducted in a manner consistent with the mediated agreement Record of Decision - 15 Even-aged Management and Clearcutting The silvicultural prescription given in the Forest Plan for this Management Area emphasizes man. agement of vegetation to meet the needs of developed recreation activities while being compatible with other resource values. Clearcutting of ski trails is the only effective means of preparing the ski' area for downhill skiing, VI. APPEAL RIGHTS \ This decision may be appealed in accordance with the provisions of 36 CFR 217 by filing a written notice of appeal within 45 days of the date specified in the published legal notice. Two copies of the appeal must be filed with the Reviewing Officer. John F. Butruille, Regional Forester Pacific Northwest Region USDA Forest Service P. O. Box 3623 Portland, Oregon 972063623 The notice of appeal must include sufficient narrative evidence and argument to show why this decision should be changed or reversed (36 CFR 217.9). Decisions on the MASA Master Plan's site-specific component projects are not made in this docu- ment. Final decisions on component projects authorized by this,document will be made after site-specific analysis in compliance with the National Environmental Policy.Act.. I encourage anyone who is considering an appeal to consult with me before submitting their appeal to see if their concerns can be resolved. For further information contact Mary Smelcer,District Ranger,or Tom Lupes at the Ashland Ranger District at (503) 48233,93. Signature D Record of Decision - 16 PLANNING ACTION 91-068 REQUEST FOR A COMPREHENSIVE PLAN MAP AMENDMENT TO CORRECT A MAP DRAFTING ERROR. CHANGE IS FROM OPEN SPACE TO SINGLE FAMILY RESIDENTIAL FOR THE PROPERTY LOCATED BEHIND 50 W. NEVADA STREET. APPLICANT: CITY OF ASHLAND PUBLIC HEARING No one came forth to speak. COMMISSIONERS DISCUSSION AND MOTION Jarvis moved to approve, Thompson seconded the motion and it was carried unanimously. OTHER Manufactured Housing Development Fregonese stated that hearings need to be scheduled on this issue. The.State law requires an inventory of manufactured homes as of July 1990 and determine those homes that are being threatened by being removed because they are in high density residential or commercial-industrial zones. The City has to allow for the relocation into an existing park. Carr moved to start the hearings on manufactured housing. Thompson seconded the motion and it was carried unanimously. Annexation Criteria Staff would like to make amendments to the annexation criteria. Carr moved to have a hearing on this item. Jarvis seconded the motion and it was carried unanimously. Street Tree Book A letter should be drafted from the Chairman to the Tree Commission complimenting them on a job well done. ASHLAND PLANNING COMMISSION - 11 REGULAR MEETING MINUTES MAY 14,1991 - Notice is hereby given that a PUBLIC HEARING speci"ich ordinance cn.._.on the objection is based on alsopmcludes your on the following request with respect to the right of appeal to LU13A 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 arc 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%ill be on the-14TH 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 arc available at the Ashland the ASHLAND CIVIC CENTER, 1175 East Main Planning Department,City Hall,20 East Main,Ashland,OR 97520. Street, Ashland, Oregon. During the Public Hearing,the Chairshall allowtestimony from the applicant and thou in attendance concerning this request:The Chairshall have the right The ordinance criteria applicable tothisapplication are attachedto this notice. to limit the length of testimonyand require that comments be restricted to the Oregon lawstales thatfailureto raise an objection concerning this application, applicable criteria. either in person orby letter,or failure to provide sufficient specificity to afford the decision makeran opportunity to respond to the issue,precludes your right If you haw anyquestions orcomments concerning this request,plcasc feel free of appeal to thefand Use Board of Appeals(LUBA)on that issue. Failure to to contact Susan Yates at the Ashland Planning Department,City Hall,at488- 5305. .: 51 F_FU . � l 00 Wo t; Joe T. at, ALMEDA DRIVE k,; ?'RR-5. W z W Q W - W' > 3 r JAwER DRIVE , _.._.. .:� . •-'r —'-'ti J N W K _ > I n' nany NEVADA ST. PLANNING ACTION 91-068 is a request for a Comprehensive Plan Map amendment to correct a map drafting error. Change is from Open Space to Single Family Residential for the property located behind 50 W. Nevada Street. Comprehensive Plan Designation: Open Space; Zoning: Jackson County; Assessor's Map #: 4BB; Tax Lot: 700. APPLICANT: City of Ashland 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. ASHLAND PLANNING DEPARTMENT STAFF REPORT May 14, 1991 PLANNING ACTION. 91-068 APPLICANT: City of Ashland LOCATION. Nevada Street, behind Ashland Greenhouses ZONE DESIGNATION: RR-5 (Jackson County) COMPREHENSIVE PLAN DESIGNATION: Open Space ORDINANCE REFERENCE: 18.108 REQUEST: Comprehensive Plan Map amendment to correct a.map drafting error. Change is from Open Space to Single Family Residential. I. Relevant Facts 1) Background - History of Application: There are no planning actions of record for this parcel. 2) Detailed Description of the Site and Proposal: The site is a 4.72 acre parcel presently located northwest of Ashland. Greenhouses, under the jurisdiction of Jackson County. The land is within the Ashland urban growth boundary. There are presently some greenhouse structures on the site. The City proposes to change the Comprehensive Plan designation for this parcel to Single Family Residential from Open Space, to correct a drafting error made during the mapping of the 1981 Comprehensive Plan Designations. II. Procedural - Required Burden of Proof The criteria for approval of a Type III amendment (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. . When the Comprehensive Plan map was being drafted for the 1981 version, a new designation was added for lands in the floodplain, or undeveloped land owned by the City — Open Space. The City owned land along Ashland Creek and for the sewer treatment plan were indicated as Open Space. An intern from Southern Oregon State College Geography Department assumed . from the maps that this 4.72 acre parcel was owned by the City and included it as part of the Open Space designation. As shown in the 1978 Comprehensive Plan map, this area was indicated as SR (suburban residential), and not as Open Space, and not as City-owned land (P - Public and Parks).. Therefore, a drafting error occurred from the"3978 plan to the 1981 plan. III. Project Impact This area is outside of the floodplain of Ashland Creek, and is relatively flat land that could be available for residential development,should it ever be annexed Also, agriculture is a permitted use in the R-1 zone, and greenhouses are considered as a form of agriculture, under Oregon Revised Statutes. Therefore, either single family development or expansion of the greenhouse facility would be permitted uses on this land. IV. Conclusions and Recommendations Staff recommends approval of the Comprehensive Plan Map change from Open Space to Single Family Residential for this parcel. PA91-068 Ashland Planning Department — Staff Report City of Ashland May 14, 1991 Page 2 ST dew a g o` A D V A — � uenic A !a ron{le / 2 A � °pk SF. A lib ty TO v ♦ .3 'Q o 9 man p' • 4 A T ° / ker y , n hil view � i c H X AA Q A A 0cZO � cctD> J. mmc3 OO WAA ----- -- eY Imon c,. ,d. ^ A o / - - n 1 3 z A r D Po� _ A° an m z �D = pAam to D 0 4n° r A 0 H Qe D m y o a n r. Z r 0 CL lu A < ^, c Q °> o• ion•Aid. O 7 Q N v �• A •r n C 1^•I N rO/''OO 7 A r�i N 9 9 N v v o d .4 9 vJ A c m a c " m > > � c Lf 0. 't 'Weil Im • .e. v� � X79 � � ., -06- ... ON r f � a • 1 A r � � 1 CL 1 or ►a� � •f r h \ G x 66 4� \7 X1b. Gy 'd R y n . aZof AS& memorandum July 30, 1991 0REGOd II: Brian Almquist, City Administrator r- Steven Hall, Public Works Director ram: Wastewater Plant/Ashland Pump Station/Sink Hole p�1l�lett: ACTION REQUESTED None, information only. INFORMATION Ashland Creek Sewage Pump Station We had our first "official" test of the standby power generator at the Ashland Creek Pump Station. On a scale of 1 to 10 the operation was a 10H The generator started automatically when the power went down and shut down when the power was restored. Upsizing of a pump to increase the capacity of the station is scheduled for this summer. This will help us during the heavy flow of the winter months when the "inflow and infiltration" (I ' & I) is high and causes our peak flows. Inflow and infiltration are caused by leaks in manholes and pipes and illegal connections of roof drains or similar itiems. our "I & I" is well within federal guidelines which very few cities or sewage districts can claim without major line and manhole rehabilitation. Ashland Wastewater Plant Dennis Barnts and Dick Marshall have been experimenting with a new chemical on the market which we hope can minimize odor problems. It is not a "masking" agent that merely covers a bad odor with a good odor, but a biodegradable chemical that works to prevent the odors. As Dennis indicated to me, we have an "intravenous drip system" at the headworks of the wastewater plant. Initial, and very preliminary results look promising. We will keep you posted. North Main Sewage Pump Station During the last power outage, we had- a spill due to overflow of the North Main Pump Station. We have instituted a standard procedure of visually checking all of our pump stations during power outages or equipment failures. If a pump station wet well (storage tank) is reaching capacity, we will use our sludge truck to pump the wetwells down and then transport the sewage directly to the wastewater plant. Wastewater Plant, Pump Station, etc. July 30, 1991 Page Two Sink Hole on South Mountain You may have read the article on the "sink hole" that appeared in a front yard of a home on South Mountain just south of Siskiyou Boulevard. The sink hole has turned into a $15,000 problem for the engineering and street divisions. We found an old ( 'teens or twenties, maybe) hand poured concrete mini-aqueduct that travels under an office building (possibly two buildings) which has had some portions of the bottom section eroded over the years. We used our new sewer division television camera to inspect a portion of the line. In order to alleviate a critical portion of the problem, a section of 48 inch storm drain line will have to be constructed along with a temporary 24-inch "detour". The 48-inch line is required by our master plan on South Mountain and the 24-inch line will interconnect with an existing 24-inch line in Iowa Street. This is one of those unknowns which seem to be appearing with frightening regularity over the last two years. This is not a budgeted project, but will have to be dealt with this year. cc: Dennis Barnts, Water Quality Superintendent Dick Marshall, Wastewater Plant Supervisor Jerry Glossop, Street Superintendent Jim Olson, Assistant City Engineer Pam Barlow, Administrative Assistant pF AS/1,` Htin or and uin August 2, 1991 �4EGS" 0: City Council Members `` Catherine Golden, Mayor Cr9 DjPt Appointments to CPAC Please confirm the appointment of the John Berger, Hunton Conrad, and Bill . Huntley to CPAC. Thank you. BEFORE THE ASHLAND CITY COUNCIL July 2, 1991 IN THE MATTER OF PLANNING ACTION #91-049, REQUEST FOR A ) A COMPREHENSIVE PLAN MAP CHANGE AND ZONE CHANGE ) FINDINGS, FROM R-2 TO C-1-13 FOR THE PROPERTIES LOCATED AT 80 ) CONCLUSIONS HARGADINE STREET AND 130 HARGADINE STREET, AND 96 ) AND DECISION WEST FORK STREET. APPLICATION ALSO INVOLVES A ) CONDITIONAL USE PERMIT TO OPERATE A MOTEL AT 80 ) , HARGADINE STREET, 130 HARGADINE STREET AND 96 WEST ) FORK STREET. ) APPLICANT: PHILIP AND SHARON THORMAHLEN ) AGENT: THE RICHARD STEVENS COMPANY ) SECTION 1. RECITALS 1.1 Tax lots 4900 and 5000 of 391E09BC are located at and near the intersection of Hargadine, Fork, and Pioneer Streets and are zoned R-2, Multi-Family Residential. 1.2 The applicants are requesting a Comprehensive Plan Map and Zoning Map change from R-2 to C-1-D (Downtown Commercial), and a Conditional Use Permit to allow for use of the properties for motel purposes. 1.3 The criteria for approval of a Type III amendment to the Comprehensive Plan Map or Zoning Map are found in 18.108.060 of the Ashland Land Use Ordinance, and the criteria for approval of a Conditional Use Permit are found in 18.104.020. 1.4 The Ashland Planning Commission, following proper public notice, held a Public Hearing on May 14, 1991, at which time testimony was received and exhibits were presented. The Planning Commission recommended denial of the application. 1.5 The Ashland City Council, following proper public notice, held a Public Hearing on July 2, 1991, at which time testimony was received and exhibits were presented. The City Council denied the request for a Comprehensive Plan Map change, Zoning Map change, and Conditional Use Permit for the subject properties. SECTION 2. CRITERIA 2.1 The criteria for approval of a Comprehensive Plan Map and Zoning Map Change are found in 18.104.020 of the Ashland Land Use Ordinance. Map changes, such as those proposed, are Type III Amendments, and are subject to the following criteria: 1 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 thegeneral public welfare require such an action. 2.2 The criteria for approval of a Conditional Use Permit are found in 18.104.020 of the Ashland Land Use Ordinance, and are as follows: A. The proposal is in conformance with the Comprehensive Plan. B. The location, size, design and operating characteristics of the proposed development are such that the development will be reasonably compatible with and have minimal impact on the livability and appropriate development of abutting properties and the surrounding neighborhood. C. In determining the above, consideration shall be given to the following. 1) Harmony in scale, bully coverage and density. 2) The availability and capacity of public facilities and utilities. 3) The generation of traffic and the capacity of surrounding streets. 4) Public safety and protection. 5) Architectural and aesthetic compatibility with the surrounding area SECTION 3. RECORD AND EXHIBITS 3.1 For purposes of these Findings, the attached index at the end of this document refers to exhibits, data, and testimony incorporated in the record and considered by the Council in its decision. SECTION 4. TESTIMONY AND EVIDENCE 4.1 Richard Stevens, agent for the applicants, presented oral testimony in support of the application, and submitted his written comments. Mr.Stevens spoke to the four criteria for approval of a Type III amendment, and stated that the application met all four. He stated that the written findings document submitted by his office contained the factual evidence necessary for the City to find that the application met the applicable criteria. Stevens said that criterion a) was met in that there was a public need for additional land 2 since the City's vacant land inventory indicated that very little C-1-13 was currently vacant and that there was a need to rezone other properties to increase the amount of land zoned C-1-D. Stevens stated that criterion b) was met in that the property was improperly zoned. He stated that it is more appropriate to have zoning lines along the rear property,lines between parcels rather than along public streets, and that this change would help minimize the impacts between the commercial zones and the residential areas. Stevens said that criterion c) was met in that many changes regarding street lighting, on- street parking, street closures, and development of the Shakespeare Festival had occurred over time and had dramatically changed the neighborhood. He also stated that a recent change in the Traveller's Accommodation ordinance also required them to have a commercial zoning designation for the property in order to operate it as requested by the Thormahlens. Stevens said that criterion d) was met in that the property owners had been impacted by many land use issues in the City. Stevens further stated that the City had approved a similar zone change request at the intersection of Helman and Hersey Streets, and that the precedent set by that zone change supported this request also. 4.2 John McLaughlin, Senior Planner for the City of Ashland, explained the vacant lands inventory and concurred that there was very little vacant land in the C-1-D zoning designation. He further went on to read Policy XR-1 of the Comprehensive Plan which refers to "need" for additional lands, which is as follows: WTI: The City shall strive to maintain at least a 5-year supply of land for any particular need in the City limits. The 5-year supply shall be determined by the rate of consumption necessitated in the projections made in the Comprehensive Plan." McLaughlin said that the policy refers to a "supply for a particular need" and not a supply of land in any particular zone. McLaughlin further stated that the uses, or needs, of the C-1-D zone are the same commercial uses allowed in the C-1 zone, and many of the uses are allowed in the E-1 and M-1 zones also. The only use, or need, which is particular to the C-1-D zone is adult book stores or adult movie houses, but that all other needs could be accommodated on vacant lands in the C-1, E-1, or M-1 zones. McLaughlin further said that individual zone change applications are decided by the applicable criteria for each request, and that individual planning actions do not establish a precedent. 4.3 Philip Thormahlen, Applicant, spoke of the impacts that surrounding uses had on their property, and that this request was only to allow them to operate a traveller's accommodation without living on the site. 3 4.4 Craig Stone,Planning Consultant representing the Oregon Shakespeare Festival(OSF), stated that the zone change request did not meet any of the criteria for approval. He then referred to the facts submitted in his letter dated May 9, 1991 and submitted as part of the record. Stone stated that the OSF had been in operation at this location for 50 years and that the number of performances in the outdoor theatre had remained essentially unchanged since 1977 and that there has not been a substantial change in the operation of the festival over the time period that the neighboring property has been occupied by the Thormahlens. Stone stated that many of the noise related complaints of the applicants concerning the operation of the outdoor theatre would be substantially mitigated by the construction of the recently approved pavilion,which will result in a 10-20 decibel reduction in noise generated by the plays. Stone stated that the designation of the zoning boundary along a public street is a standard zoning practice, and is not an error in defining zones. He said that the area of the right- of-way can serve as the buffer between zoning uses when a street is the boundary. Stone referred to the Vacant Land inventory and his written comments and stated that the amount of vacant land in the C-1, E-1, and C-1-D zones exceeded the required amounts in the Comprehensive Plan for commercial uses as stated in Policy JOI-1, and that there was no public need for this land to be zoned C-1-D. Stone said that the findings for the Conditional Use Permit application were incomplete, and that all factors that constitute "livability" as outlined in McCoy vs. Linn County, had not been addressed by the applicant. Therefore, the application did not meet the burden of proof for approval of a conditional use permit. SECTION 5. FINDINGS AND CONCLUSIONS 5.1 The City Council finds that it has received all information necessary to make a decision based on the entire record herein, including the Staff Report, public hearing testimony and the exhibits received. 5.2 The City Council finds that the proposal for a Comprehensive Plan Map change and Zone change from R-2 to C-1-1) does not meet any one of the criteria for approval of a Type III amendment. 5.3 The City Council finds that the request for a Conditional Use Permit to allow for use of the existing structures as motel units is only allowed as a conditional use in a commercial zone and is therefore inextricably linked to the comprehensive plan map/zone change request. Therefore, the Council denies the conditional use permit request based upon denial of the concurrent comprehensive plan map/zone change request and also upon finding that the motel use is not an allowed use, either permitted or conditional, in the existing R-2 zone. " 5.4 The City Council makes the following findings addressing the criteria for approval of 4 , a Type III amendment: a) A public need, supported by the Comprehensive Plan. The Policy governing need for additional lands is Policy XII-1 of the Ashland Comprehensive Plan and is as follows: "The City shall strive to maintain at least a 5-year supply of land for any particular need in the City limits. The 5-year supply shall be determined by the rate of consumption necessitated in the projections made in the Comprehensive Plan." The plan policy refers to a supply of land for a particular need in the City and not a supply of land in a particular zoning designation. The needs allowed under the C- 1-D zoning designation can be accommodated by lands zoned C-1,E-1,and M-1,with the exception of adult book stores and adult movie houses. The vacant lands currently in the C-1-13 inventory would allow for adult uses, as would vacant structures and redevelopment of structures elsewhere in the C-1-D zone. The Council also finds that the need is not great for adult uses, noting that no applications for adult book stores or movie houses have been received in the last 10 years and that there is a 5-year supply of C-i-D lands available for such adult uses. Therefore, the vacant lands inventory, included as part of the letter and materials submitted by Craig Stone on May 9, 1991, clearly shows that adequate lands in these zoning designations are vacant for the prescribed uses allowed. Therefore the City Council finds that adequate commercial lands exist within the City to accommodate particular commercial needs and that the applicant has failed. to meet the burden of proof for showing approval under this criterion, thereby not proving that there is a public need for additional lands zoned C-1-13. b) The need to correct mistakes. The City finds that this land has been zoned in this manner even prior to the adoption of the current comprehensive plan in November, 1982. _ Further, the property at 80 Hargadine Street was upzoned from R-1-10 to R-2 in November, 1983, as stated in the Staff Report of May 14, 1991, and its approval by the City Council at that time did not constitute a mistake. The Council further finds that zoning boundaries along City streets is a common and normal zoning practice and does not constitute a mistake in zoning of this area. Therefore, the City finds that the application does not meet the burden of proof for a Type III amendment under this criterion. C) The need to adjust to new conditions. The applicant provided statements that conditions of the neighborhood including .5 parking, noise, performances at the OSF, and street closures had changed over time. The City Council finds that the applicant has not provided facts to support that these specific conditions had changed. The applicant has stated that"traffic impacts are substantial'(Supplemental Findings document). The City does not dispute that there may be traffic impacts. However, the applicant has failed to provide facts that this traffic situation is a new condition. Therefore, the City Council finds that no evidence has been presented to indicate that the traffic is a new condition in this area. The applicant has stated that "Parking impacts on abutting property owners from the Festival use is massive." Again, the City does not dispute that there may be parking impacts. However, the applicant has failed to provide facts that these parking impacts constitute a new condition for the area. Therefore, the City Council finds that no evidence has been presented to indicate that the parking impacts are a new condition in this area. The applicant has stated that "Noise impacts on the residential use of this property by the Festival and the accompanying auto traffic is beyond the scope of what is considered normal in a residential, neighborhood." The applicant has failed to provide facts that the impacts constitute a new condition to the area. Further, the OSF has received approval for a pavilion at the site of the outdoor theatre which acoustic experts have stated will reduce decibel levels from the stage by 10-20 decibels. Therefore, the City Council finds that no evidence has been presented that the noise impacts have changed in the area, and that the upcoming pavilion construction at the outdoor theatre of the OSF will result in lower noise levels in the immediate vicinity. The Council, in finding that no factual basis has been presented by the applicant to support the approval under this criterion, adopts the facts presented in the Staff Report of May 14, 1991, and the letter of May 9, 1991 of Craig Stone. The Council finds that the number of outdoor performances at the OSF has not significantly changed from 1977 to the time of this application. Therefore, the City Council finds that the application as submitted fails to supply adequate facts to support the statements that new conditions have occurred at this location. d) Where compelling circumstances relating to the general public welfare require such an action. The applicant has stated in their supplemental findings document that the conflicts between the applicant and OSF can be mitigated by the approval of the zone change, and that it is in the interest of the City to reduce such conflicts. The Council finds that zone change requests are not the proper forum for mitigation of conflicts of the nature described here, and find that this conflict is not a 6 compelling circumstance relating to the general public welfare. The applicant has further stated in their supplemental findings document that the general public welfare of Ashland is dependent to a certain degree upon tourism and that this zone change would be in support of that tourism component of the economy. The Council finds that there is adequate vacant lands in other commercial zones to accommodate tourist housing for future uses, and that it is not a compelling circumstance relating to the general public welfare to provide additional tourist housing at this location. The City Council therefore finds that the application as submitted fails to meet any of the four criteria for approval of a Type III amendment. SECTION 6. DECISION 6.1 Based on the entire record and the testimony received on this matter, the City Council hereby denies the request for a Comprehensive Plan Map and Zone Change, finding that the applicant has failed to meet the burden of proof for approval of such change. 6.2 Based on the entire record and the testimony received on this matter, the City Council finds that the request for a Conditional Use Permit to allow for use of the existing structures as motel units is only allowed as a conditional use in a commercial zone and is therefore inextricably linked to the comprehensive plan map/zone change request. Therefore, the Council denies the conditional use permit request based upon denial of the concurrent comprehensive plan map/zone change request and also upon finding that the motel use is.not an allowed use, either permitted or conditional, in the existing R-2 zone. 6.3 Therefore, based on our overall conclusions, we deny Planning Action #91-049 in its entirety. Mayor Date Attest - City Recorder Date 7 DRAFT COPY BEFORE THE ASHLAND CITY COUNCIL JACKSON COUNTY, OREGON AUGUST 6, 1991 IN THE MATTER OF PLANNING ACTION #90-028, REQUEST FOR A ) CONDITIONAL USE PERMIT TO ALLOW FOR THE CONSTRUCTION OF ) FINDINGS, TWO, TWO-STORY MEDICAL OFFICE BUILDINGS WITH EACH LEVEL ) CONCLUSIONS COMPRISING 2700 SQ. FT. , LOCATED AT ASHLAND COMMUNITY ) AND ORDERS HOSPITAL. ) APPLICANT: ASHLAND COMMUNITY HOSPITAL ) -------------------------------------------------------- RECITALS: 1) Tax lot 2100 of 391E 5DB is located at the corner of Catalina and Chestnut Streets and is zoned R-2; Multi Family Residential. 2) The applicant is requesting approval of a Conditional Use Permit to allow for the construction of two, two-story medical office buildings. Site improvements are outlined on the site plan (Exhibit 2-B) on file at the Department of Community Development. 3) The criteria for approval of a Conditional Use Permit are found in . Chapter 18.104 and are as follows: A. The proposal is in conformance with the Comprehensive Plan. B. The location, size, design and operating .characteristics of the proposed development are such that the development will be reasonably compatible with and have minimal impact on the livability and appropriate development of abutting properties and the surrounding neighborhood. C. In determining the above, consideration shall be given to the following: 1) Harmony in scale, bulk, coverage and density. 2) The availability and capacity of public facilities And utilities. 3) The generation of traffic and the capacity of surrounding streets. 4) Public safety and protection. 5) Architectural and aesthetic compatibility with the surrounding area. 4) The City Council, following proper public notice, held a Public Hearing on June 18, 1991, at which time testimony was received and exhibits were presented. The City Council approved the application subject to conditions pertaining to the appropriate development of the site. Now, therefore, The City Council of the City, of Ashland finds, concludes and recommends as. follows: SECTION 1. EXHIBITS For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony will be used. Staff Exhibits lettered with an "S"; Proponent's Exhibits, lettered with a "P"; Opponent's Exhibits, lettered with an "O"; Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M" . Mediation Agreement Exhibit, lettered "MA-111; and Approved Site Plan Exhibit (from BOORA) , lettered 112-B" . SECTION 2 . CONCLUSORY FINDINGS 2.1 The City Council finds that it has received all information necessary to make a decision based on the Staff Report, public hearing testimony and the exhibits received. 2 .2 The City Council finds that the request to 'allow for the construction of two, two-story medical office buildings, with each level comprising 2700 sq. ft. , meets all relevant criteria outlined in the Conditional Use Chapter 18. 104. The City Council finds the proposal to be An conformance with the Ashland Comprehensive Plan. The Comprehensive Plan Map designates this property to be used for future expansion of public facilities. At the time of adoption of the Plan Map, the hospital was existing and the .surrounding land was deemed most appropriate for the expansion of hospital services. The Council believes the use of this property for medical offices is in keeping with the intent of the Comprehensive Plan designation. The Council finds that the construction of medical office space will have a minimal impact on surrounding properties. The hospital is surrounded by fully improved City streets with adequate capacity to serve the proposed use. Total traffic generation by the completed offices is expected to be 364 vehicle trips per day. The Council believes this may be reduced, however, by the proximity to the hospital and other offices, . and the opportunities for combining visits and trips. The Council finds that the Site Plan (Exhibit 2-B) and Mediation Agreement (MA-1) , mutually accepted by the parties, complies with all relevant policies outlined in the Comprehensive Plan and insures that the proposal will be compatible with and have minimal impact on the livability of the surrounding neighborhood. The layout and size of buildings is in keeping with the residential character of the neighborhood. The primary orientation of the offices is towards the street, while the parking area will be located at the rear. Pedestrian access from Chestnut Street and directly to the hospital will be provided. SECTION 3. DECISION 3 . 1 Based on the record of the Public Hearing on this matter, the City Council concludes that the proposal to allow for the construction of two, two-story medical office buildings is supported by evidence contained in the whole record. Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we approve Planning Action 190-028. Further, if any one or more of the conditions below are found to be invalid, for any whatsoever, then Planning Action 090-028 is denied. The following are the conditions and they are attached to the approval: 1) That the terms agreed upon by the parties and outlined in the Mediation Agreement (Exhibit MA-1) be conditions of this approval. 2) That a separate application for a Site Review be processed by the Ashland Planning Commission. 3) That all landscaping, including street. trees,, be'.. installed prior to issuance of a certificate of occupancy for any structure 4) That all parking and access be paved and striped prior to the issuance of a certificate of occupancy for any structure. 5) That the applicant work with the Energy Conservation Division on designing the offices with assistance from the Energy Smart Design Program. 6) That the hydrant requirements of the Ashland Fire Department be met. 7) That all requirements of the Electric Department be met. 8) That all signage comply with the Ashland Sign Code for conditional uses within a residential district and that all appropriate permits be obtained. 9) That a drainage plan for the site be submitted at the time of building permit applications for review by Public Works. 10) That bike parking be provided in convenient proximity to the office buildings. 11) That a recycling area be provided for each building. Dated this day of August 1991. Nan Franklin, Recorder Catherine Golden, Mayor JACOBSON, JEWETT &THIEROLF, P.C. JERRY A. JACOBSON• ATTORNEYS AT LAW TELEPHONE: MICHAEL JEWETT P.O.BOX 4687,426 WEST MAIN STREET (503)773-2727 RICHARD B. THIEROLF,JR. MEDFORD.OREGON 97501 IN REPLY REFER TO •Ad..md m 0,.,n and C+hf.,n. 91-138. 01 July 19, . 1991 Honorable Catherine Golden Mayor, City of Ashland 20 E. Main Street Ashland, Oregon 97520 Dear Mayor Golden: Enclosed is a copy of.A-engrossment House Bill 3590 which was enacted into law. It regulates vending machines from which tobacco products can be dispensed'. Section 3 '.specifically precludes cities from regulating vending machines that dispense tobacco products. In other words, state law preempts the field. In light of this statute, I think the recently-enacted Ashland ordinance concerning vending machines is unenforceable. Instead, the state law controls. Please call if you have questions or comments. Yours truly, JACOBSON, JEWETT & THIEROLF, P. C. C' Richard B. r'olf, Jr. RBT/rlo Encl . as noted cc: Brian Almquist 66th OREGON LEGISLATIVE ASSEMBLY-1991 Regular Session Enrolled House Bill 3590 Sponsored by Representative MILLER CHAPTER ................................................ AN ACT Relating to possession of tobacco products by minors; creating new provisions; and amending ORS 163.575 and 431.845. Be It Enacted by the People of the State of Oregon: SECTION 1. (1) It is unlawful for any person under 18 years of age to possess tobacco products, as defined in ORS 431.840. (2) Any person who violates subsection (1) of this section commits a violation punishable by a fine of not more than S100. SECTION 2. (1) No person having authority over such placement shall locate a vending ma- chine from which tobacco products, as defined•in ORS 431.840, in any form are dispensed in any place legally accessible to persons under 18 years of age except taverns"and cocktail lounges, in- dustrial plants, as defined in ORS 308.408, hotels and motels. (2) Violation of subsection (1) of this section is a violation as defined in ORS 161.565, punishable by a fine of not more than $250. Each day of violation constitutes a separate offense. SECTION 3. Cities and counties by ordinance or resolution shall not regulate vending machines that dispense tobacco products, as defined in ORS 431.840, in any form and that are in any manner accessible to minors. SECTION 4.,(1) A facility shall not permit any person under 18 years of age to possess tobacco products, as defined in ORS 431.840, while the person is present on facility grounds or in facility buildings or attending facility-sponsored activities. (2) The facility must have written policies prohibiting the possession of tobacco products de- scribed in subsection (1) of this section by persons under 18 years of age. The facility-must have written plans to implement such policies. (3) This section does not apply to any person for whom a tobacco or nicotine product has been lawfully prescribed. (4) As used in this section, "facility" means public or private schools, juvenile training schools or juvenile detention facilities. "Facility" does not include colleges or universities, vocational schools or community colleges. SECTION S. ORS 163.575 is amended to read: 163.575. (1) A person commits the crime of endangering the welfare of a minor if the person knowingly: (a) Induces, causes or permits an unmarried person under 18 years of age to witness an act of sexual conduct or sadomasochistic abuse as defined by ORS 167.060; or . (b) Permits a person under 18 years of age to enter or remain in a place where unlawful activity involving controlled substances is maintained or conducted; or (c) Induces, causes or permits a person under 18 years of age to participate in gambling as de. fined by ORS 167.117; or (d) Distributes, sells, or causes to be sold, tobacco in any form to a person under 18 years of age; or (e) Sells to a person under 18 years of age any device in which tobacco, marijuana, cocaine or any controlled substance, as defined in ORS 475.005, is burned and the principal design and use of which is directly or indirectly to deliver tobacco smoke, marijuana smoke, cocaine smoke or smoke from any controlled substance into the human body including but not limited to: (A) Pipes, water pipes, hookahs, wooden pipes, carburetor pipes, electric pipes, air driven pipes, corncob pipes, meerschaum pipes and ceramic pipes, with or without screens, permanent screens, hashish heads or punctured metal bowls; (B) Carburetion tubes and devices, including carburetion masks; (C) Bongs; (D) Chillums; (E) Ice pipes or chillers; (F) Cigarette rolling papers and rolling machines; and (G) Cocaine free basing kits. (2) Endangering the welfare of a minor by violation of paragraph (a), (b), (c) or (e), involving other than a device for smoking tobacco, of subsection (1) of this section, is a Class A misdemeanor. (3) Endangering the welfare of a minor by violation of paragraph (d) of subsection (1) of this section or by violation of paragraph (e), involving a device for smoking tobacco, of sub- section (1) of this section is a violation punishable by a fine of not less than $100 nor more than $500. SECTION 8. ORS 431.845 is amended to read: 431.845. (1) The civil penalty for violation of any provision of ORS 431.840 shall not be less than $100 nor exceed M. (2) The amounts collected under subsection (1) of this section shall be deposited to the credit of the General Fund. Passed by House June 26, 1991 Received by Governor. - ........................N'1........................................................... 1991 ............................................................................. Approved Chief Clerk of House ........................M............................................................ 1991 .......................................................................... Speaker or House ............................................................................. Passed by Senate June 29. 1991 Governor Filed by Office of Secretary of State: ........................Nil.......................................................... 1991 ............................................................................. President of Senate ..........................................................:.................. - Secretary of State Enrolled House Bill 3590 Page 2 66th OREGON LEGISLA71VE ASSEMBLY-1991 Regular Session SENATE MINORITY REPORT 14-- AMENDMENTS TO A-ENGROSSED HOUSE BILL 3590 ' June 29 > (No change in Measure Summary) President Kitzhaber: A minority of your Committee on Rules, to whom was referred A-engrossed House Bill 3590, having had the same under consideration, respectfully reports it back with the recommendation that it do pass with the following amendments: 1 On page 1 of the printed A-engrossed bill, line 11, delete "in-" and delete line 12 and insert 2 "worksites not normally available to persons under 18 years of age, hotels, motels, and restaurants 3 under the supervision of an adult.". 4 /s/ John Brenneman 5 Senator - 6 ` /s/ Lenn Hannon _ 7 Senator 9 9 ASHLAND PARKS AND RECREATION COMMISSION CITY HALL ASHLAND, OREGON 97520 488-5340 PARK COMMISSIONER& 40 KENNETH J.MICKELSEN Direclor PATRICIA ADAMS r ALLEN A.ALSING LEE HOWARD OpEGO�• • THOMAS W. PYLE WES L.REYNOLDS July 23 , 1991 Mayor Golden and City Councilors City of Ashland Ashland, Oregon 97520 Honorable Mayor and Councilors : The Ashland Parks and Recreation Commission is requesting a study session with the Council at which time the results from the survey being conducted by Western Advocates concerning funding for the Open Space Park Program and other city items could be presented. The Commission would like to suggest that the study session be scheduled in conjunction with the Council meeting � . scheduled for August 12 , 1991. from 7,-- to V-0,0 p.m. (: 30 3z, Please notify Ken Mickelsen concerning the Council 's action on this request . Sincerely , Patricia Adams , Chair ASHLAND PARKS AND RECREATION COMMISSION cc: Brian Almquist , City Administrator Nome of Famous Lithia Park .-OF ASh` . L Memorandum July 31, 1991 O4EG0�,. ELI: Brian Almquist, City Administrator �1 ram: Steven Steven Hall, Public Works Director Street Cut Request -- 113 High Street ACTION REQUESTED City Council consider granting permission to cut High Street for natural gas service to a single family residence at 113 High Street. BACKGROUND See attached letter from D. June Smith requesting permission to cut High Street for installation of a natural gas line to home at 113 High Street. Ashland Municipal Code Chapter 13 . 12. 011 states: "There shall be no excavation in newly paved or resurfaced streets by anyone including the departments of the City of Ashland for a' period of 'five (5) years from the date of such paving. " Ashland Municipal Code Chapter 13 . 12. 013 states: "The City Council may permit excavation within the five (5). year period if in its judgement the reason for excavation was not reasonably forseeable to the utility or of department of the City involved at the time the street was newly paved or resurfaced. " High Street between Nob Hill and Church Streets was paved on 9/4/87 and will be off moratorium on 9/4/92 . It is standard procedure of the City Engineering Division to notify the property owner and utilities of the resurfacing of city streets so that services and/or facilities can be updated, repaired or installed. cc: D. June Smith, Applicant Jim Olson, Assistant City Engineer Pam Barlow, Administrative Assistant Encl: Smith letter ` - D. J111,12 SMITH 11J Hiph 5tree( Ashland , Oregon 97520 Aoiy 25, 1391 . -'~- ------�-`^� --___-'- -- --_ T0 Steve Hall , / Director , Public Works City of Ashland ~\ ` -_'-_'-- '_---- ?O : Mayor Cathy Golden. City uf� Ashland T0 : Members of City Council ' 5USJ Permission for Gas Lins to Ll.-� High Street � hereby respectrul | y rcqve5t permission tof the gas company to cut a 2' X 5` hole in the High Street pavement. which will he rapaved and almost invisible/ in order to bore a hole for a gas line to 115 High Street for the following reasons : l . Upon purchasing the property in March 1991 / i was not . informed of an existing moratorium through . Sop 4, 1992 regarding cutting the street Pavement for gas installation. the 2 The gas company overlooked e mora moratorium when \ consulted them before purchasing the house, assuring me they could deliver gas to the house. 5. Using the inefficient 1947 oil furnace one more year because of the moratorium, will he, very ous| | y, 4. 7o reduce our dependency on foreign oil . S. Starting Nov 14, 1990 through present, 510 gallons of oil , which increased in price 0p to approximately 91 cents per Ca \ lnn, were delivered to this address. O. My husband and l are retired, on fixed incomes and unable to withstand such heating oost.s . ^ 7, The prohibitive costs would require supplementing with the fi rep Iace. O. The September 4, l992 moratorium is nearly expired. Thank you for your thoughtful consideration to this matter . � Sincerely yours, / D. JUNE SMITH , / a CONCEPT PAPER RECYCLING. CENTER -- A MULTI—USE SITE RECYCLING CENTER REUSABLES COLLECTION SITE COMMUNITY COMPOST SITE WOOD WASTE FOR ENERGY OR MULCH LEAF REPOSITORY DRY FIRE WOOD BANK HOUSEHOLD HAZARDOUS WASTE COLLECTION SITE INFORMATION CENTER COMPOST DEMONSTRATION SITE CLASSROOM THE OPPORTUNITY The quality of life in any community is improved when its residents are given the opportunity to do their part to make that community a better place to live . Frequently , sites are needed to facilitate such community—minded activities and it often becomes clear that staff persons will be needed to oversee activities at many of these sites . THE CHALLENGE What if we could combine a variety of these service activities on one site , thus minimizing the amount of staffing needed and maximizing the number of hours such a facility.could be open for use by the public? What if we could develop a convenient location for receiving and processing recyclables , reusables, compostable material, wood waste , and wood for wood stoves? Should such a facility also include an information center , compost demonstration site , etc . ? What if we could use part of the same site for an annual (or biannual? monthly? permanent?) household hazardous waste collection site? What if we could work with Rogue 1 Valley service organizations to provide employment to the homeless , disabled, etc . ? Are land , money, equipment , collection services and personnel available? Should this project be done in phases? THE CONSIDERATIONS The Ashland Recycling Center was sited and built using a temporary Conditional Use Permit which expires in January of 1992 . A new site for this facility may have to be found. The collection of reusables is compatible with recycling center activities . Compostable materials make .up over 20% of typical landfill waste . Yard debris does not degrade well in a landfill but quickly becomes valuable compost if properly managed . Such a soil enhancer is particularly valuable for soils in Jackson County. Open burning of yard waste has been restricted in Jackson County and in Ashland . Tree branches and woody trimmings are awkward to handle and transport, but become valuable and easy to utilize when chipped . Jackson County has a major air quality problem from particulates generated , in part , by wood stoves heating during stagnant air inversion conditions. Burning wet (green) wood aggravates the problem. A program to trade wet wood for dry would help alleviate this part of the problem. Leaves that have fallen in the fall of the year can cause significant problems . In the gutter , these leaves can clog storm drains during rains and add to water quality concerns in receiving 2 streams. Solutions to these problems can be labor intensive . A community compost site combined with a less expensive labor force could solve the problem without using public works employees . The most -important and difficult material to divert from the waste stream is household hazardous waste. When this material is collected, whether annually or otherwise, public familiarity with the collection site location makes the promotion of the event more effective . When considering their lifestyle ' s impact on the environment, people want to do the right thing. We can provide easy and convenient alternatives to "the throw-away society" , but unless we inform and educate the public , our effort will not have the desired effect in the big picture. The Recycling Center is the natural location for disseminating information and for getting feedback (suggestion box) . A compost demonstration site is just one of the activities that could transform this facility into a modern-day classroom. With environmental education on the rise , students from elementary school through college level might visit and use the site . Grants may be available to fund the development of the site and its activities . Some revenue could also be generated after programs are on-line . 3 t THE PLAYERS Who. might be involved? • City of Ashland o Ashland Sanitary Service • Rogue Valley Council of Governments • Jackson County • Southern Oregon State College o OSU Extension Service • Oregon Environmental Council • The Recycling PACT • Rotary • Elks o Kiwanis • Soroptomists • Lions o Goodwill Industries o CERVS o VISTA o Oregon Dept. of Human Resources -- Vocational Rehabilitation Division , o Scouts o Schools • Church Groups • Biomass One o ? . 4 THE SITE Site Requirements : The site for a recycling center that includes recycling, reuse , community composting , wood waste, dry wood , and information center would meet at a minimum the following criteria : 1 . . Size : Approximately acres to serve the present and future population of Ashland 2 . Location: Convenient to population served , but not in residential area 3 . Accessibility : Easily accessible , but away from main thoroughfares 4 . Land Use Compatibility: Meets city and/or county zoning require- ments and has local community support 5 . Operation: Site is staffed (providing a ' continuous , flexible work load) during selected hours of operation, and can be secured when closed 6 . Equipment: Some provision for processing recyclable materials , turning compost windrows , chipping wood or shredding of yard waste, and handling wood should be available 7 . Improvements : Fence - what type? how many access points? Pavement - how much area? Lighting - what type? Electrical Service - for what? how many volts? Water hook-up - for what? how much? 5 Restroom( s) - temporary? other facilities nearby? Structures - for what? shelter? office? storage? Design - different levels? noise? aesthetics? THE CONCLUSION _ The combining of these related activities on one site will provide the ease , convenience , and education necessary to solve a variety. of the community ' s needs . The advertising and success of one program at the site will lend to the success of all others . Ashland is one of the finest communities in the world and the best communities are always taking steps- toward improvement. The residents of Ashland have demonstrated that they deserve the opportunity to make their community an even better place to live. The Ashland Recycling Task Force Tim Bewley, Chair Project Contacts : Tim Bewley , 482-4002 Tom Weldon, City of Ashland , 482-3211 Ken Hagen, Rogue Valley Council of Governments , 779-6785/664- 6674 (RCY2) MULTIUSE.SIT 6 ORDINANCE NO. AN ORDINANCE OF THE CITY OF ASHLAND RE-ZONING CERTAIN PROPERTY FROM R-2 TO E-1 (CITY OF ASHLAND) THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The property described as a part of Tax Lot 39-1E-9BA- 13400 and shown as that property located at 250 N. Pioneer Street, is hereby rezoned from City of Ashland R-2 to. E-1 (Employment) . The foregoing ordinance was first read on the 6th day of August, 1991, and duly PASSED and ADOPTED this 20th day of August, 1991. Nan E. Franklin City Recorder SIGNED and APPROVED this day of 1991. Catherine Golden Mayor ORDINANCE NO. AN ORDINANCE ADOPTING AN AMENDMENT TO THE ASHLAND COMPREHENSIVE PLAN MAP FROM MULTI-FAMILY RESIDENTIAL TO EMPLOYMENT. (CITY OF ASHLAND, APPLICANT) THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The Ashland Comprehensive Plan Map as adopted by Ordinance No. 2227 is hereby amended by changing the designation of a part of Tax Lot 39-lE-9BA-13400 from Multi-Family Residential to Employment. The foregoing ordinance was first read on the day of 1991, and duly PASSED and ADOPTED this day of 1991. Nan E. Franklin City Recorder SIGNED and APPROVED this day of , 1991. Catherine Golden Mayor ORDINANCE NO. AN ORDINANCE DISPENSING WITH AN ELECTION WITHIN THE CITY OF ASHLAND ON THE QUESTION OF A PROPOSED ANNEXATION AND SETTING THE TIME AND PLACE FOR A PUBLIC HEARING THEREON; SETTING A PUBLIC HEARING DATE ON THE WITHDRAWAL OF CERTAIN REAL PROPERTY FROM JACKSON COUNTY FIRE DISTRICT NO. 5; DIRECTING PUBLICATION OF NOTICES AS REQUIRED BY ORS 222. 524 ; AND DECLARING AN EMERGENCY. (CROWSON ROAD ANNEXATION) THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The City of Ashland finds that the owners of the property described in Exhibit "A" attached hereto and by this reference incor- porated herein have consented to the annexation of said land to the City of Ashland. The Council further finds that there are no electors residing in the proposed annexation. SECTION 2. The submitting of the question of the annexation is hereby dispensed with and a Public Hearing is hereby called at the Council Chambers, Civic Center, 1175 East Main Street, Ashland, Oregon, on September 3, 1991, at the hour of 7:30 P.M. , at which time all persons may appear and be heard on the proposed annexation. SECTION 3. Pursuant to ORS 222.524 a Public Hearing shall be held on September 3, 1991, at 7:30 P.M. in the Council Chambers, Civic Center, 1175 E. Main Street, Ashland, Oregon, on the question of withdrawal of certain real property from Jackson County Fire District No. 5. All persons may appear before the Ashland City, Council and be heard on the question. The real property above mentioned is situated in Jackson County, Oregon, and more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof. SECTION 4 . In order to schedule a public hearing in a timely manner, the public interest requires that an emergency be declared and this Ordinance shall take effect on its passage and approval by the Mayor. The foregoing Ordinance was first read on the 6th day of August, 1991 and duly PASSED and ADOPTED this 20th day of August, 1991. Nan E. Franklin City Recorder SIGNED and APPROVED this day of 1991. Catherine M. Golden Mayor NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Ashland City Council will hold a public hearing on Tuesday, September 3, 1991 at 7: 30 P.M. in the Civic Center Council Chambers, 1175 E. Main Street, on the following matter: Annexation and zone change for 0. 15 acres of .property located approximately 600 feet West of the intersection of Crowson Road and Highway 66. Zoning from Jackson County RR-5 to City of Ashland R-1-10. Assessors map no. 391E 13B tax lot 2400. (Randy Warren, Applicant) All interested persons are hereby called upon to appear at said hearing to express their views. Written comments will also be received at the office of the City Administrator, Ashland City Hall, during business hours until 5: 00 P.M. on Wednesday, August 28, 1991. By order of the City Council Nan E. Franklin City Recorder PUBLISH: Daily Tidings August 19, 26 and September 2 POST: 4 public places August 19, 1991 ArmaranAum �oECO July 22, 1991 T 0: Mayor and City Council ram: John Fregonese/Dick Wanderscheid �1tC7jPtt: AFFORDABLE HOUSING RESOLUTION On Tuesday, July 16, the Council adopted Resolution 91-28, which sets income, rent and purchase price levels for housing qualifying for affordable housing density bonuses. The Council adopted the memo with the understanding Staff would modify the maximum rent levels downward to better reflect prices in the market place. Instead of using 28% of monthly income as in the original memo, the levels have been adjusted downward by using 24% of monthly income. This appears to better reflect market conditions for rentals at the current time. Feel free to give us a call at 488-5305 or 488-5306 if you have questions prior to the meeting. RESOLUTION NO. 91- A RESOLUTION OF THE CITY OF ASHLAND, OREGON REPLACING RESOLUTION NO. 91-28 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 of 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 (24% of monthly income): Maximum Apt. Type Rent Level Studio $360/month 1 Bedroom $421/month 2 Bedroom $464/month 3 Bedroom $515/month 4 Bedroom $556/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. 91-28 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 NUMBER 91 - A RESOLUTION REGARDING MEMBERSHIP IN THE CITY/COUNTY INSURANCE SERVICE TRUST PROPERTY SELF-INSURANCE POOL WHEREAS, the City/County Insurance Services Trust (CIS) offers pooled self-insurance offering cost stability and the potential for long-term savings; and WHEREAS, CIS is sponsored by the League of Oregon Cities and the Association of Oregon Counties as a service to Oregon cities and counties; and WHEREAS, the City of Ashland finds that membership in CIS is of benefit in managing the risks involved in providing services to its citizens; and WHEREAS, the City of Ashland has been provided with an opportunity to review the Trust agreement, Bylaws and Rules of CIS; and WHEREAS, the City of Ashland has reviewed the trust Agreement, Bylaws and Rules of CIS for compliance with the Charter and Ordinances of the City of Ashland; NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Ashland, that the City of Ashland does hereby enter into a contract with CIS and becomes a member of the CIS Trust for General Liability, Automotive Liability, and Property for a three-year period commencing July 1, 1991, and agrees to abide by the terms of the Trust Agreement, Bylaws and Rules of CIS which, along witK this Resolution, constitutes a contract between the City of Ashland and CIS. The City Administrator is hereby authorized to execute such documents as are necessary pursuant to this Resolution. The foregoing Resolution was READ and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland on the day of 1991. Nan E. Franklin City Recorder Signed and approved this day of 1991 Catherine M. Golden Mayor . OFL�hO , Memorandum July 30, 1991 OREGON 0: Brian Almquist, City Administrator ram Steven Hall, Public Works Director J /1�� �ubjr♦ Street and Signal LID - Tolman Creek Road rt: ACTION REQUESTED City Council adopt attached resolution setting a public hearing for the proposed Tolman Creek Road Local Improvement District for September 3, 1991. BACKGROUND The City of Ashland has been requiring non- remonstrance agreements to be signed as land has been developed for several years for the improvement of Tolman Creek Road and the installation of an automatic traffic signal at the intersection of Ashland Street and Tolman Creek Road. The approval of the shopping center at the interesection has provided the City of Ashland with .a majority of property owners who have signed non- remonstrance agreements. City Council policy is for staff to propose a local improvement district for street improvements at the time that staff has confirmed at least 50 percent of the affected property owners have signed a petition and/or non-remonstrance agreement. A detailed staff report will be presented at the public hearing. cc: Jim Olson, Assistant City Engineer John Fregonese, Planning Director John MacLaughlin, Associate Planner Jill Turner, Finance Director Pam Barlow, Administrative Assistant Keith Woodley, Fire Chief encl: Resolution w/exhibits A, B, C Notice form RESOLUTION NO. 91- A RESOLUTION OF INTENTION TO PROVIDE FOR THE INSTALLATION OF CURBS, GUTTERS, SIDEWALKS, BIKEPATHS, ASPHALTIC PAVING AND STORM DRAINS ON TOLMAN CREEK ROAD FROM THE SOUTHERN PACIFIC RAILROAD TRACKS TO APPROXIMATELY 1800 FEET NORTH OF ASHLAND STREET (HIGHWAY 66) AND AN AUTOMATIC TRAFFIC SIGNAL AT THE INTERSECTION OF ASHLAND STREET AND TOLMAN CREEK ROAD. THE CITY COUNCIL OF THE CITY OF ASHLAND DOES RESOLVE AS FOLLOWS: SECTION 1. It is the intention of the Council to construct by contract curbs, gutters, sidewalks, bikepaths, asphaltic paving and storm drains on Tolman Creek Road from the Southern Pacific railroad tracks to approximately 1800 feet north of Ashland Street and an automatic traffic signal at the intersection of Ashland Street and Tolman Creek Road. Such improvements will be in accordance with costs estimated on attached Exhibits "B" and "C", 100% of which will be paid by special assessments less Jackson County participation in paving costs. SECTION 2. The Council will meet in the Council Chambers, Ashland Civic Center, 1175 East Main Street on the 3rd day of September, 1991, at 7: 30 P.M. , at which time and place the owners of the adjacent benefited property are called upon to appear before the Council or to submit written comments and to show cause, if any, why the improvement should not be constructed and why the owner's property should not be assessed for the improvements. SECTION 3. Warrants for the interim financing of the°improvements shall bear interest at the prevailing rates and shall constitute general obligations on the City of Ashland and shall be issued according to the terms and conditions in ORS 287 . 502 to 287.510 inclusively. SECTION 4. The City Recorder is directed to serve notice to the property owners by publishing a notice of the public hearing once in the Daily Tidings, not less than ten (10) days prior to the hearing, and by mailing copies of the notice by registered or certified mail to the owners of each lot benefited by the proposed improvement as shown on the latest tax and assessment roll. The notice shall be in the form of Exhibit "A" attached to this resolution. This Resolution was READ and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland, Oregon on the 6th day of August, 1991. Nan E. Franklin, City Recorder SIGNED and APPROVED this day of August, 1991. Catherine M. Golden, Mayor NOTICE OF PUBLIC HEARING EXHIBIT "All NOTICE IS HEREBY GIVEN that the City Council of the City of Ashland will meet on the 3rd day of September, 1991 'at 7: 30 P.M. in the Council Chambers, 1175 East Main Street, to hold a public hearing to consider the formation of a Local Improvement District as follows: NATURE OF THE IMPROVEMENT: Install curbs, gutters, sidewalks, bikepaths, asphaltic paving and storm drains on Tolman Creek Road from the Southern Pacific railroad tracks to approximately 1800 feet north of Ashland Street and an automatic traffic signal at the intersection of Ashland Street and Tolman Creek Road. BENEFITED PROPERTY: Street Improvement: Tax Lots 600, 900, 1006, 1101, 1200, 1300, 1400, 90.000, 39-1E-11C and Tax Lots 400, 401, 402, 500, 702, 706 and 707, 39-lE-14B. Signal Improvement: Tax Lots 300, 500, 600, 900, 1000, 1001, 1006, 1007,, 1101, 1200, 1300, 1400 and 90. 000, 39-lE-11C; Tax Lots 2800, 2900, 3000, 3001 and 3100, 39-1E-14A and Tax Lots 100, 101, 200, 300, 400, 401(N) , 401(5) , 402, 500, 700, 702, 703 , 704 , 705, 706 and 707, 39-lE-14B. ESTIMATED COST: Street: $226, 656 or $58. 00 per front foot of benefited property, 100% of which will be paid by special assessment, less Jackson County participation in paving costs. Signal: $156, 000 or $2700 per acre of benefited property, 100% of which will be paid by special assessment. ADDITIONAL INFORMATION: Preliminary project design information and detailed estimates of project costs are available during business hours at the office of the Engineering Division 27-1/2 North Main Street .NOTICE IS FURTHER GIVEN that all affected property owners are called upon to appear at the hearing, or to submit written comments prior to or at the hearing, as to why the improvements should not be constructed, or why the benefited properties should not be assessed for the construction in the manner proposed. BY THE ORDER OF THE CITY COUNCIL Nan E. Franklin, City Recorder PUBLISH: Daily Tidings August 21, 1991 t�)CL'11t3%'T it E�>.. PAGE 1 of i2 CITY OF ASHLAND DEPARTMENT OF PUBLIC WORKS - ENGINEERING DIVISION ESTIMATE FOR STREET OR ALLEY IMPROVEMENT Street: Tolman Cr. Rd. Estimate By: James H. Olson Limits : R/R to 1800 North of Hwy 66 Date : 6/18/91 GENERAL INFORMATION Length of Project 2800 ft. Width of Street 44' - 24' Pavement Design 3" AC, 8" C.R. "- A.` .. ESTIMATED CONSTRUCTION 'COSTS Total Estimate $ 256,200 B. OTHER (list) Less County participation $ (67,320) , 1208 of asphalt cost (3") $ C.. TOTAL i $ 188,880.00, D. ENGINEERING @208' $ 37,776.00 E. . PROJECT TOTAL $ 226,656.00 F. TOTAL ASSESSABLE FRONT FOOTAGE OR UNIT OF ASSESSMENT- 3,914.15 G. ASSESSABLE COST PER FRONT. FOOT OR PER UNIT OF ASSESSMENT $ 57.91 use $58.00 R. IT C� Page 1 of 1 CITY OF ASHLAND DEPARTMENT OF PUBLIC WORKS - ENGINEERING DIVISION ESTIMATE FOR TRAFFIC SIGNAL INSTALLATION Street: Tolman Creek Road Estimate by: James H. Olson, A.C.E. Limits: @ Highway 66 (Ashland Street) Date: 07/08/91 GENERAL INFORMATION: Length of Project: N/A Width of Street: 44 ' Pavement Design: N/A A. ESTIMATED CONSTRUCTION COSTS Total Estimate $130 .000 B. OTHER (List) $ C. TOTAL $130. 000 D. ENGINEERING @20% $ 26 . 000 E. PROJECT TOTAL _ $156 ,000 F. TOTAL ASSESSABLE FRONT FOOTAGE OR UNIT OF ASSESSMENT 58. 347 ACRES G. ASSESSABLE COST PER FRONT FOOT OR PER UNIT OF ASSESSMENT $2 , 673 .66/Acre use $2700/Acre ASHLAND FIRE DEPARTMENT MEMORANDUM July 23, 1991 TO Mayor & City Council FROM Keith Woodley, Fire Chief SUBJECT Regional Hazardous Materials Emergency Response Team The Ashland Fire Department has been participating in" a regional effort to provide an emergency response capability for accidents involving the release of hazardous materials . By Council approval last May, the City of Ashland Fire Department entered into a temporary contract to participate in the Regional Hazardous Materials Emergency Response Team in cooperation with the City of Grants Pass, City of Medford and Jackson County Fire District No. 5 . This temporary contract , which expired June 30th, was necessary to release state training monies . It is our recommendation that Council authorize Mayor Cathy Golden to sign a new contract extension effective through December 31, 1991 to enable the Ashland Fire Department to continue its support of this valuable service in our area. Oregon State Fire Marshal Hazardous Materials Emergency Incident Statewide Quarterly Summary Report For Reporting Period: 1 January through 31 March 1991 (1st Quarter 1991) HazMat incidents this qtr: 111 last qtr: N/A year to date: 111 HazMat injuries this qtr: 20 last qtr: N/A year to date: 20 HazMat deaths this qtr: -0- last qtr: N/A year to date: - 0- On-scene decon this qtr: 43 last qtr: N/A year to date: 43 Treated on-scene this qtr: 5 last qtr: N/A year to date: 5 Hospitalized this qtr: 16 last qtr: N/A year to date: 16 Est. prop. loss this qtr: $ 3,234,508, last qtr: $N/A year to date: $ 3,234,508. Total amount of hazmat released this qtr: 17,799 gal last qtr: N/A year to date: 17,799 gal 560 Ibs last qtr: N/A year to date: 560 lbs 4,275 cu ft last qtr: N/A year to date: 4,275 cu ft Number of incidents by source: Number of incidents by area: Car: 14 Industrial: 15 Commercial Vehicle: 29 Commercial: 39 Fixed Facility: 30 Residential: 30 . Train: 3 Rural/Agric: 10 Aircraft: -0- Forest: 1 Pipeline: 6 Other: 16 Drug Lab: 13 Other: 16 Examples of Materials Spilled Number of Times Reported: HAZMAT REPORTED INCIDENTS OTR 1 BY MATERIAL BEHAVIOR ON RELEASE Anhydrous Ammonia 1 LEGEND Diesel Fuel 18 21 ' p BECAhE AIRBORNE Drug Lab Chemicals 5 ❑ CAUSEDEXPLOSON Gasoline 13 2 ® CAUSEDFURF Liquid Nitrogen CONTAMINATED AREA Natural Gas 12 ❑ coNTRIBUrEOroExPLCSpN Perchloroeth lene 2 T j CONTRWTEDTOFIRE y y ` �? _ ® • 2 a ENTEREDWATERWAY Propane • : 6 Sulfuric Acid ;: _ / ❑ INERT,NOREACTION OTHER Fertilizer-Nitrate 1 Fuel Oil 3 1 c Malathion ] NUMBER OF INCIDENTS KI1'.kh/1ot;/su1'1p/r1pt/V I rRcpl Oregon State Fire Marshal Hazardous Materials Emergency Incident Statewide Quarterly Summary Report For Reporting Period: IApril through 30 June 1991 (2nd Quarter 1991) HazMat incidents this qtr: 74 last qtr: 111 year to date: 185 HazMat injuries this qtr. 28 last qtr: 20 year to date: 48 HazMat deaths this qtr: -0- last qtr: -0- year to date: - 0- On-scene decon this qtr: 45 last qtr: 43 year to date: 88 Treated on-scene this qtr: 6 last qtr: 5 year to date: 11 Hospitalized this qtr: 8 last qtr: 16 year to date: 24 Est. prop. loss this qtr: $ 318,625. last qtr: $ 3,234,508. year to date: $ 3,553,133. Total amount of hazmat released this qtr: 3,512 gal last qtr: 17,799 year to date: 21,311 gal 8,305 lbs last qtr: 560 year to date: 8,865 Ibs -0- cu ft last qtr: 4,275 year to date: 4,275 cu ft Number of incidents by source: Number of incidents by area: Car: 2 Industrial: 18 Commercial Vehicle: 24. Commercial: 21 Fixed Facility: 24 Residential: 11 Train: 2 Rural/Agric: 7 Aircraft: -0- Forest: -0- Pipeline: 3 Other: 17 Drug Lab: 8 Other: 11 Examples of Materials Spilled & Number of Times Reported: Ammonium Nitrate 1 HAZMAT REPORTED INCIDENTS - OTR 2 Chloroform 2 BY MATERIAL BEHAVIOR ON RELEASE Diesel Fuel 15 9 Gasoline 6 LEGEND Hydrochloric Acid 2 - E BECG!$AF12CRNE Hvdrofluoric Acid 2 " - = 2 ® CAUSED DOPLaIO LPG 3 0 C1AUSEO FIRE Mercury 1 D CONTAkIINATED AREA ❑ CONTRIBUTED TO FRE Natural nie 3 P/ ENTERED WATFRWAY I ranSlUrmCr Oil ? 9 / //j ❑ INERTNO REACTICC Waste OIL 2 j i 25 o X lene 2 2 'NUMBER OF INCIDENTS KI I'.ke/lue/,urvcy/«rl/ul TltCtll .