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HomeMy WebLinkAbout1992-0407 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 len the aaenda AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL APRIL 7, 1992 I . PLEDGE OF ALLEGIANCE: 7 : 30 P.M. , Civic Center Council Chambers II. ROLL CALL III. APPROVAL OF MINUTES: Regular Meeting of March 17 , 1992 . IV.✓ SPECIAL PRESENTATIONS & AWARDS: 1. Recognition of Gerrie Garrett' s 25 years of service to the City of Ashland. V.i CONSENT AGENDA: 1. Minutes of Boards, Commissions & Committees. 2 . Monthly Departmental Reports. 3 . Water Supply Reports - February & March 1992 . 4 . Blanket renewal of current liquor licenses. VI. PUBLIC HEARINGS: (To conclude by 9 : 30 P.M. ) 1 Proposed vacation of the unopened portion of Grover Street, between Sheridan and North Main Streets. 2 . Draft Water Conservation Study by Synergic Resource Corporation. 3 . Proposed amendments to Chapter 4 . 20 of the Municipal Code concerning systems development charges. VII . UNFINISHED BUSINESS: 1. Adoption of Findings, Conclusions & Orders on P.A. 91-140 (Ed Houghton, Applicant) VIII . NEW & MISCELLANEOUS BUSINESS: 1. Approval of Mayor' s appointments to various Boards, Commission and Committees. 2 . Discussion of draft of lease with MASA for Mt. Ashland Ski Area as prepared by City Attorney. (To be acted upon at April 21 Council meeting) 3 . Award of contract for improvement of Ashland Loop Road. 4 . Request for sewer connection outside the city limits for an existing building located at 250 Clay Street. IX. PUBLIC FORUM: Business from the audience not included on the agenda. (Limited to 5 min. per speaker and a total of 15 minutes) X. ORDINANCES RESOLUTIONS & CONTRACTS: 1. First reading of an Ordinance amending the Comprehensive Plan Map from Single-Family Residential to Open Space. 2 . First reading of an Ordinance amending Chapter 18 . 88 of the Ashland Municipal Code modifying the density bonus allowed for affordable housing. 3 . First reading by title only of "An Ordinance amending Chapter 4 . 20 of the Ashland Municipal Code relative to systems development charges and repealing Ordinance No. 2634" . (Copies previously furnished in accord with the City Charter) 4 . Resolution adopting a methodology used to calculate systems / development charges pursuant to Section 4 . 20. 050 of the Ashland Municipal Code and repealing Resolution 91-21. 5 . Resolution adopting Systems Development Charges pursuant to Section 4 . 20. 040 of the Ashland Municipal Code and repealing Resolution 91-22 . XI. OTHER BUSINESS FROM COUNCIL MEMBERS ��7 XII . ADJOURNMENT U`° Gi I MINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL _ MARCH 17, 1992 CALL TO ORDER: Mayor Catherine - Golden called the meeting to order and led the Pledge of Allegiance at 7:30 P.M. on the above. date in the Council Chambers. Laws, Acklin, Winthrop, and Arnold were present. Reid and Williams were absent. APPROVAL OF MINUTES: Councilor Winthrop asked that the minutes be amended to show his "NO" vote on the Chronic Parking Violators Ordinance. The minutes of the regular meeting of March 3 , 1992 were - , approved as amended. CONSENT AGENDA: Arnold moved to approve as follows: 1) Minutes of Boards, Commissions & Committees; 2) Monthly Departmental Reports - February 1992; and 3) Monthly Report from City Administrator. Winthrop seconded and the motion carried on voice vote. PUBLIC HEARINGS: Amend Chapter 18.88 re: Density Bonuses for Affordable Housing. Planning Dir. Fregonese explained that density bonuses are difficult to achieve while maintaining cost effectiveness. The recommendation is to increase the maximum total density bonus for a subdivision application under the Performance Standards Option .from 40% to 60%, and the maximum allowable bonus points for affordable housing from 25% to 35%. The public hearing was opened and Gary Brewer, 229 W. Hersey, spoke against the proposal noting the cumulative effect of higher densities in neighborhoods. On a question from Marilyn Briggs, 590 Glenview, Fregonese said only projects with affordable housing units can get 60% bonus density. Acklin moved to request staff to prepare implementing ordinances, Winthrop seconded, all YES on roll call vote. Open Burning Ordinance Amendment. Energy Conservation Coordinator Dick Wanderscheid said the amendment proposes to .phase out open burning by May of 1994, and he has received many calls opposing this amendment. Winthrop read a letter from Carl and Virginia Vogel, 924 Bellview, opposing the amendment. The public hearing was opened, and Don Schofield, 465 Tucker, said the open burning windows should be more flexible and an air quality index established for Ashland. He feels the Fire Chief should have authority to allow open burning on days allowed by the ventilation index. Gary Brewer., 229 W. Hersey, agrees with Schofield. Marilyn Briggs, 590 Glenview, said burning should be allowed as air quality dictates. Arnold noted receipt of letters from ten individuals opposing the amendment. Jackie Reid, 1040 Clay, is opposed to the amendment. Ev Elerath, 840 Pinecrest Terr. , is opposed. Dr. John Reynolds, 505 Helman St. , spoke against the amendment. Al Alsing, 970 Walker, speaking also for Tom Burnham and a neighbor, said there is no other reasonable alternative to burning. Richard Ernst, 975 Walker, spoke against and cited the lack of landfill space. Lowell Smith, 700 Terrace, said burning is necessary to keep forest interface areas clear, and he objects to Regular Meeting - Ashland City Council - March 17 , 1992 - P. 1 Open Burning Ordinance (Continued) paying $15/day to burn. Chris Hald, 275 Cambridge St. , spoke for a year-round burn season and thinks the fee should be. $10 annually. Dr. Robert Palzer, 789 Indiana St. , spoke in favor of the phasing out of open burning, citing health problems and smoke-related diseases. Rod Calvary, 889 Glendale, spoke against the amendment. Theme being no further comment from the audience, the public hearing was closed. Fire Chief Woodley said the existing ordinance is ambiguous and one proposed change is to not allow him to issue 'permits when the air quality index is below 400. Wanderscheid said the existing ordinance works well and he doesn't feel that burning should be allowed in November. Dr. Palzer explained how the ventilation index is measured. Acklin moved to adopt the alternate wording for Section 10. 30.020.A, and include a two week extension to allow burning on good air quality days in the fall after the fire season, if necessary. Laws seconded. Winthrop recommended that the two weeks be allowed only until November 1. Acklin amended her motion, Laws amended his second and the motion passed unanimously on roll call vote. Golden asked that the $15. 00/day permit fee be re-examined, and Laws said the ordinance allows the Fire Chief to set the fee, or waive it as he sees fit. Acklin noted portions of the upcoming Forest Management Plan which will need funding. NEW & MISCELLANEOUS BUSINESS: Oak Knoll Restaurant Sublease. William P. Murphy, 602 Scenic, is requesting Council approval to assume the sublease for the Oak Knoll Restaurant and Lounge now held by Kenneth Meirstin. Arnold moved to approve the request, Winthrop seconded, all AYES on voice vote. Ashland Airport F.B.O. Lease. Pam Barlow, Public Works Admin. Asst., said the Airport Commission is. recommending that the lease with . Ashland Air not be renewed and asked that staff be authorized to begin the request for proposal process. Winthrop, Liaison to 'that Commission, concurs. Bill Ostrander, 641 Siskiyou Blvd. , is opposed to this action. Laws moved to accept the Commission recommendation to not renew the lease and authorize staff to begin the proposal process. Winthrop seconded, all AYES on voice vote. Winthrop recommended a restructure of the lease concerning the lessee/lessor relationship. Laws suggested staff and Airport Commission prepare a. proposal for Council consideration. PUBLIC FORUM: Cate Hartzell, 881 E. Main, asked that the City co- sponsor, via space in the utility newsletter, a presentation on E.M.F. 's by Bob Steward, E.W.E.B. Golden suggested School Board involvement and Laws that N.O.S.I.R. get involved. Winthrop moved to place the request on the agenda, Laws seconded, all AYES on voice vote. Winthrop moved to authorize use of space in the utility newsletter, Laws seconded, all AYES on voice vote. Regular Meeting - Ashland City Council - March 17 , 1992 - P. 2 ORDINANCES, RESOLUTIONS & CONTRACTS: Tolman Signal L.I.D. Second reading by title only of. an ordinance authorizing and ordering the - improvement of the intersection of Ashland Street and Tolman Creek Road with installation of a traffic signal and authorizing assessments for the cost against benefitted properties. Laws moved to adopt same, Arnold seconded, all YES on roll call vote. (Ord. 2667) OTHER BUSINESS FROM COUNCIL MEMBERS: Golden noted a request from Susan Rubinyi-Anderson to invite Mayor from Sarlat, France to Ashland while in the United States in April/May. Anderson is hopeful that a Sister City relationship can be formed. Almquist noted receipt of the agreement from the Oregon Dept. of Transportation for participation. in construction costs of the Tolman Creek Rd./Ashland St. signal installation. Laws moved to place same on agenda, Arnold seconded, all AYES on voice vote. Laws moved to authorize the Mayor and Recorder to sign same, Arnold seconded, all AYES on voice vote. Almquist updated Council on the Nevada St. substation noise problem. Acklin asked that staff and legal counsel review options and report back in executive session. ADJOURNMENT: The meeting adjourned at 10: 00 P.M. Nan E. Franklin Catherine M. Golden City Recorder Mayor Regular Meeting - Ashland City Council - March 17, 1992 - P.- 3 MEETING SUM[M[ARY ROGUE VALLEY COUNCIL OF GOVERNMENTS March 25, 1992 1. Board Discussion George Fence from the American Indian Cultural Center made a presentation on the importance of protecting native American historical sites (burial grounds, settlements, encampments, etc.). Federal and State laws give protection to such sites, and there is cultural value to both Indian American and European American people in preservation. Mr. Fence indicated that the American Indian community was willing to work cooperatively to achieve protection and still allow reasonable growth and development. Assistance is currently available to guide planning and development, and more is on the way. A handbook is currently available from the Commission on Indian Services in Salem. Mr. Fence can be contacted at the Cultural Center, 535-6031, to arrange for consultations on specific sites. Also, he is working on a more specific guide to assist local planners in identification of known or potential historical sites. 2. Action Items- Consent Calendar Items one through four were approved without discussion. The item on the Transportation Planning Work Program was removed from the Consent Calendar for discussion. Dennis Lewis submitted amended budget figures for the work program. Lou Hannum had several questions on the work program. He expressed a concern that the scope of the work program was beyond the budgetary resources. Dennis responded that the work program was broad in scope but that it was not ODOT's expectation that everything contained therein would be accomplished. Lou wanted assurance that the work program was amendable. Dennis gave such assurance. He explained that the work program is the basis for the planning contract between ODOT and RVCOG. The work program has received review and approval from ODOT and the MPO Technical Advisory Committee (TAC). The detailed work program on the urban system plan update is still being prepared by the TAC. Lou's questions and concerns were adequately answered and the work program was approved. 3. Other Business a. The Aging Program FY93 Program Allocations were approved. as submitted. b. The following Board members were selected to serve on the RVCOG Budget Committee: Margaret Bradford Otto Caster Steve Hauck Jim Lewis c. Don Bruland and Lois Langlois made a presentation on the possible merger of the Disability Services Office (DSO) with RVCOG's Aging Program. The Aging Program Advisory Council is in favor of the merger. The DSO . advisory council had not yet completed consideration of the merger. So, the matter will be taken up for action at the April COG meeting. 4. Other Information Dennis Lewis added the following information to the Program Reports: a. The 11-passenger bus has now been delivered to use in the group rides program. We are awaiting insurance coverage before placing the bus in service. Dennis acknowledged the financial contributions of ACCESS, Inc. and RVTD in helping to make the required grant match. He invited Board members to inspect the bus after the meeting. b. The mini-van application has been approved. Delivery of that vehicle could occur within 90 days. C. The Western COG Conference this year will be on July 9-11 in Bend, Oregon. Conference theme this year is transportation. Dennis is co-chair of the program. d. RVCOG is assisting in the planning and implementation of a symposium on the Illinois River Basin. This will be a two-day (May 8-9) meeting for all interested and affected parties to discuss the current situation and come up with a plan of action to address the competing water uses in the basin. Marc Prevost is the principal COG staff working on this meeting. Prepared by: Dennis Lewis, Executive Director (ADM16) MTGSUM.MAR ASHLAND COMMUNITY HOSPITAL BOARD OF DIRECTORS February 25, 1992 The regular monthly meeting of the Board of Directors of Ashland Community Hospital was held on Tuesday, February 25, 1992, in the conference room. PRESENT: Steve Lunt, Doyle Greene, Bruce Johnson, M.D.; Frank Billovits, Dick Nichols, Judy-Uherbelau, and Angus Brownfield, Board Members. Pat Acklin, City Council Representative. Jerome Nitzberg, M.D., Medical Staff Representative. Also Present: Jed Meese, Foundation President; Jimmie Emmons, Auxiliary President; Paul Nolte, City Attorney; James R. Watson, Administrator; Mike McGraw, Controller; Polly Arnold, Director of Patient Services; Peggy Cockrell, Director of Personnel; Pat Flannery, Director of Development; and Glenda Cole, Administrative Assistant. Absent: Jerry Cooper and Thomas T. Reid I. CALL TO ORDER Mr. Lunt called the meeting to order at 12:15 and introduced everyone. Ms. Uherbelau stated that there will be a benefit basketball game for the Ashland High School Health Clinic on March 17th at 830pm. It will between the Healing Hounds (doctors) and the Legal Beagles (lawyers) . She stated that it will be a great evening and encouraged everyone to attend. II. MINUTES Mr. Lunt called for a review of the minutes of the Finance Committee of January 16, 1992; the Executive Committee of January 21, 1992; and the Board of Directors of January 28, 1992. Following review, Mr. Billovits corrected the Finance Committee minutes to read "contingency if $600,000". There were no other corrections. Mr. Billovits made the motion to approve the minutes as corrected. Mr. Greene seconded the motion and the motion carried. III. COMMITTEE REPORTS A. Finance Committee: Ms. Uherbelau reported that Mr. Nichols and Mr. Watson reported on the findings of their trip to Newburg. She stated that we will be having a presentation from HBE regarding their second opinion on hospital expansion and a bonding firm regarding funding the expansion. She reported that these presentations will be made to the full Board so that everyone will be informed. B. Ad Hoc Committee: Mr. Nichols reported that the Board By-Laws revisions are almost complete. He stated that they will be more comprehensive, more readable, and will reflect the current conditions. h Board of Directors February 25, 1992 Page 2 IV. DECISION ITEMS A. Approve Policy & Procedure Manual: Mr. Brownfield stated that he had reviewed the Emergency Department manual, found it satisfactory, and made a motion to approve the manual. Dr. Johnson seconded the motion and the motion carried. B. Auxiliary Quarterly Report: Ms. Emmons gave a summary of the Auxiliary activities for the last quarter. She stated that the Board and Hospital gave a wonderful Christmas reception on December 18th for the members. It was enjoyed greatly. Plans are underway for the Spring Fashion Fling Luncheon scheduled for April 4th. It will replace the Chocolate Festival, although chocolates will be available. The Auxiliary bake sales have been. successful and have generated $723.00. Following the report, Mr. Brownfield made the motion to accept the quarterly Auxiliary Report. Mr. Greene seconded the motion and the motion carried. C. Special Board Meeting Date: Mr. Watson stated that HBE will be presenting their second opinion on hospital expansion on Thursday, March 5th at 630pm in the conference room. Ms. Jill Turner, City Finance Director, has been invited to attend. Mr. Lunt stated that this is a very important meeting and encouraged everyone to attend. Mr. Watson stated that a bonding firm will be invited to come down to give a presentation later in March regarding funding. Hopefully, with everyone knowledgeable, we can make some major decisions in March or April. D. Finance Committee Meeting Date: To be determined later. E.• Joint Advisory Meeting Date: The quarterly meeting of the Joint Advisory Committee was scheduled for Friday, March 27th. F. January Expenditures: Mr. Lunt stated *that he had reviewed the January Expenditures and found everything in order. Mr. Billovits made the motion to approve the expenditures. Mr. Nichols seconded the motion and the motion carried. V. EXECUTIVE SESSION Mr. Billovits made the motion to move into Executive Session pursuant to ORS 192.660, 1. D. (e) real property transactions. Mr. Billovits made the motion to move out of Executive Session. Mr. Greene seconded the motion, and the motion carried. VI. CONTINUOUS QUALITY IMPROVEMENT Mr. Lovering joined the meeting to present the CQI process. Ms. Lovering stated that we are moving from Quality Assurance to Continuous Quality Improvement. She gave background on CQI which came from industry. Joint Commission will expect to find that we are working on getting everyone educated. We have formed a leadership council which include Board members, medical staff members, and hospital managers. We had a consultant from OAH come down to give presentation on the CQI process. We have bi-monthly department manager meetings on CQI. We are exploring a definition of quality for our hospital. Board of Directors February 25, 1992 Page 3 Ms. Lovering stated that we are reformatting and simplifying our reporting of CQI data. The QA plan has been reviewed, and we have established a library of resource materials. She encouraged the board members to educate. themselves and be a resource person. VII. MEDICAL STAFF REPORT Dr. Nitzberg stated that there was no medical staff report this month. VIII. DISCUSSION ITEMS A. Ashland Health Coalition Update: Mr. Watson stated that we are in the educational/wellness phase. B. Strategic Plan: Mr. Watson stated that the update is included in the packet. There were no comments. C. Medical Staff By-Laws Revision: Mr. Watson stated that this revision will come to the Board for approval next month. The proposed change will add a Physician's Advocacy Committee to the By-Laws. D. Board Retreat: The next retreat was scheduled for Friday, May Ist. E. Nominating Committee: The committee members are Angus Brownfield, Doyle Greene, and Jerry Cooper. They were asked to bring a slate of officers report to the April meeting. Election will be in May, and the officers will take office on July lst. IX QUALITY ASSURANCE Mr. Watson stated that the Quality Assurance Committee met on February 4, 1992, and all issues are being handled appropriately. X. ADMINISTRATOR'S REPORT A. Nursing: Ms. Arnold reported that in January we had a record 141 surgeries performed. She stated that Mary Krystine will be assuming the position of PACU Coordinator and that Tom Norby will remain as a staff nurse. Ms. Arnold stated that we gave a 32 hour course for cross training 2 staff nurses on Med/Surg to ICU. We had a 4 hour diabetes workshop for 24 nurses. B. Financial: Mr. McGraw reviewed the Statement of Revenues & Expenses, Balance Sheet, Budget Expense Summary, and Operating Statistics. He stated that the total patient revenue was $1,300,000; net revenue over expenses was $67,000; building/construction fund was $413,000; cash on hand was $2,928,000; Medicare contractual was $350,000; and debt was $140,000. C. Personnel: Ms. Cockrell reported the Open House for the Ashland Birth Center (OB Unit) was very successful. Approximately 100 people attended including numerous physicians. We had a great front page article in The Daily Tidings. Ms. Cockrell stated that we are working on an informational insert to go in The Tidings. The second week in May is National Hospital Week and we will be scheduling some activities for then. She stated that in 1989 we discontinued t, Board of Directors - February 25, 1992 Page 4 performing PPDs. However, with the increased number of cases of TB, we will again be performing PPDs on patient care staff. D. Foundation: Mr. Flannery stated that the Foundation had donations totaling $85,000 in 1991; and,the goal for 1992 is $126,000. He stated . that Mr. Butler is chairman of the Foundation's Long Range Planning Committee. He distributed copies of the Committee's Development Plan Structure for the Schneider Property. He asked that this information be kept confidential. He stated that he has been notified that the Foundation has been named in several wills. E. Other Issues: Mr. Watson encouraged all Board members to sign out the reading files as there is lots of information on the healthcare industry. He stated that the Joint Commission survey has been scheduled for the hospital on April 1st and 2nd. The Home Health survey has been scheduled for April 13th and 14th. We have not been notified when the laboratory will have their survey. XI. COMMUNICATIONS Mr. Lunt stated that the Planning Commission will be considering the hospital zone change tonight at 730pm and he encouraged members to attend. He stated that Senator AuCoin will be speaking in Medford on Friday morning. Mr. Brownfield stated that he has a schedule of the Pacific Non- Profit Network series of workshops planned for March. These workshops include The "Basis" of Program Evaluation, Basic Budgeting, and Practical Insights for the Effective Board Member. He stated that this information will be in Administration- for anyone wishing to attend these workshops. XII. ADJOURNMENT There being no further business, Mr. Billovits made the motion to adjourn the meeting. Mr. Greene seconded the meeting and the meeting was adjourned at 2pm. Respectfully Submitted: Approved: Stephen B. Lunt, Chairman CITY OF ASHLAND PARKS AND RECREATION COMMISSION R�LAR MEF-r I NG M I1VLJ7=S February 25, 1992 Chair Adams called the meeting to order at 7:00 p.m. at 340 S. Pioneer Street. ATTENDANCE: Present: Patricia Adams, Tom Pyle, Teri Coppedge, Wes Reynolds, Al Alsing, Ken Mickelsen. Councilor Greg Williams. Absent: None I. ADDITIONS OR DELETIONS TO THE AGENDA Under New Business, authorization to advertise for bids for a central control irrigation system and discussion of the N. Mountain Avenue property. II. APPROVAL OF MINUTES A. Regular Meeting of January 27, 1992 Commissioner Reynolds made a motion to approve the minutes of the Regular Meeting of January 27, 1992 as written. Commissioner Alsing seconded. The vote was: 5 yes - 0 no B. Special Meeting of January 29, 1992 Commissioner Reynolds made a motion to approve the minutes of the Special Meeting of January 29, 1992 as written. Commissioner Pyle seconded. The vote was: 5 yes - 0 no III. BILLS AND FINANCES A. Approval of previous month's disbursements Commissioner Alsing made a motion to approve the previous month's disbursements as indicated by Payroll checks #5150 - 5191 in the amount of $25,224 .15 and Payables checks X16009 - 6100 in the amount of $54, 162.92. Commissioner Reynolds seconded. The vote was: 5 yes - 0 no IV. AUDIENCE PARTICIPATION ON THE AGENDA None V. AUDIENCE PARTICIPATION NOT ON THE AGENDA None Ashland Parks and Recreation Commission Page 2 Regular Meeting - February 25 , 1992 VI. OLD BUSINESS A. Review of bids for water play facility at Garfield Park Director Mickelsen presented the Commission with a copy of the Bid Proposal Form from Specialized Component Supply Company (SCS) on the water play components for the facility proposed at Garfield Park. The bid included three different pieces of equipment which the Commission has been considering. The bid price would remain in effect for 90 days from the date of bid opening. Director Mickelsen and Steve Gies, Park Superintendent, reported that the bid prices were for the components only and did not include the cost of the play surface, installation, or pumping required. Superintendent Gies reported that he had been inquiring into public health requirement for such a system and that the state did not know how to classify it. State officials indicated that they would follow the recommendations of the Jackson County Health .Department. Bill Derex from Jackson County Health said that he would have to make a determination whether or not the facility would be treated like a swimming pool or like a spa. If the county determined that the facility needed to be treated like a spa, the pumping and filtering system would be more expensive. Director Mickelsen recommended to the Commission that it delay acting on the bid until after more complete information and related costs on the pumping and filtration system which the county would require could be determined. The Commission decided to have the item placed on the agenda for the Regular Meeting in March. B. Addendum to contract with Lininger Tru-Mix The Commission reviewed a revised copy of the addendum to the construction contract with LTM concerning the bubbling factor at the Hunter Park courts. In section two under Owner and Contractor agree: the phrase "which is the, existence of bubbles in the color coat surface" to more clearly identify the "existing defect" had been added. Also, Director Mickelsen indicated that Mr. Nolte had reviewed the same paragraph to determine whether or not the words "Owner" and "Contractor" had been switched in the second sentence. He said that Mr. Nolte had indicated that the phraseology was correct. After some discussion, the Commission felt that the entire second sentence did not clearly indicate to them that LTM was going to extend its warranty on the entire project except for the bubbling problem and that it wanted that specifically stated. MOTION Commissioner Alsing made a motion stating that the phrase "warrants the rest of the project for one year" be inserted into the second sentence of paragraph two. Commissioner Reynolds seconded. The vote was: 5 yes - 0 no Ashland Parks and Recreation Commission Page 3 Regular Meeting - February 25, 1992 OLD BUSINESS - con't. Addendum to contract with Lininger Tru-Mix - con't. Responding to an inquiry by Director Mickelsen, by consensus, the Commission indicated that Chair Adams could sign the agreement without bringing it to the Commission again if the phrase were inserted into the document. C. Report from Marquess & Associates on Ashland Creek Director Mickelsen presented the report from Marquess and Associates on the bank stabilization project for Ashland Creek along Calle Guanajuato. He indicated that department staff had not yet had the opportunity to meet with a representative from Marquess to go over the specific items in the proposal. He recommended that the Commission not take the time to discuss the report until after staff had the opportunity to go over it on the site with Marquess. After brief discussion, the Commission decided to place the Marquess report on the March agenda. The Commissioners requested that they be notified of the time set to meet with the representative from Marquess so that they might attend if convenient to do so. D. Commissioner Pyle - dog control in parks Commissioner Pyle spoke to the other Commissioners indicating that he would like for them to reconsider placing ordinance signs at all the neighborhood parks indicating that dogs are prohibited. He said that it was his understanding that department staff has received numerous complaints concerning Hunter Park and Garden Way Park but that complaints about other parks have not been frequent. In discussion, Commissioner Adams indicated that she was supportive of having the ordinance signs posted at all the parks. She said that she felt that if someone using the park was being troubled by dogs, then that person would have some authority behind asking the dog owner to take the dog out of the park. MOTION Commissioner Pyle made a motion to delay placing ordinance signs at the outer parks except for Hunter Park and Garden Way Park until the Commission had the opportunity to survey the park neighbors to determine whether or not they thought dogs in the parks were a problem. The motion died for lack of a second. Ashland Parks and Recreation Commission Page 4 Regular Meeting - February 25, 1992 VII. NEW BUSINESS A. Authorization to advertise for bids for a central control irrigation system. Director Mickelsen reported that Superintendent Gies and Eric Setterberg, Irrigation Specialist, would soon have a report to him on the various central control irrigation systems available and the kinds of features which they would recommend for our system. 'At that time the department would be ready to write specifications to go out to bid. He requested that the Commission authorize advertising for bids for a central control irrigation system. MOTION Commissioner Reynolds made a motion to advertise for bids for a central control irrigation system. Commissioner Alsing seconded. The vote was: 5 yes - 0 no B. North Mountain Avenue land Commissioner Adams suggested that the Commission authorize expending Brinkworth funds to have a conceptual drawing developed of the 30 acre parcel of land on N. Mountain which has been identified as part of the land which the City would like to acquire for the Open Space/Park Program. She said that it is her understanding that the owners are thinking of selling the land sometime in the near future. If the land is to be preserved for park use, the City will need to come up with the funds to purchase it . She said that at this point in time it appears that the only means available would be to put a bond measure on the ballot. She said that if residents were asked to vote on a bond issue, she believed that a conceptual drawing of the property as it might be developed would be very useful. The other Commissioners strongly agreed. MOTION Commissioner Coppedge made a motion authorizing the expenditure of Brinkworth funds to develop a conceptual, plan for the N. Mountain Avenue property and to negotiate fees to have the drawing completed. The vote was: 5 yes - 0 no VIII. CORRESPONDENCE, COMMUNICATIONS, DIRECTOR'S REPORT A. Letters from Granite Street residents Gary and Karen Chapin, 440 Granite Street, sent letters to the Commissioners and to Granite Street residents expressing concern about Commission plans to development the reservoir area in upper Lithia Park. In response to that letter, many Granite Street residents wrote to the Commission asking to be informed about the proposed development. Comments ranged from alarm to support. Having reviewed the Chapin letter, the Commission decided it would be appropriate to write a letter to those neighbors who had written and to clarify the Commission's thoughts for improvement to the area at this time. Chair Adams indicated that she would write such a letter and also advise the residents that the Commission would hold a public forum for input after a conceptual drawing were completed but prior to the Commission making any firm plans for improvements to the area. ' Ashland Parks and Recreation Commission Page 5 Regular Meeting - February 25 , 1992 IX. ITEMS FROM COMMISSIONERS None X. NEXT MONTHS AGENDA The next Regular Meeting was scheduled for Wednesday, March 18, 1992 at 7:00 p.m. XI. ADJOURNMENT With no further business, the Chair Adams adjourned the meeting. Respectfully submit t ed, Ann Benedict, Management Assistant Ashland Parks and Recreation Department ASHLAND AIRPORT COMMISSION MINUTES March 4 , 1992 CALLED TO ORDER Meeting was called to order at 12 : 05pm by Chairperson Alsing. Commissioners present were Insley, Ben-Lesser, Katzen, Knowles, Jones, Zupan. Councilman Winthrop was present and staff was represented by Steve Hall, Pam Barlow, and Rhonda Moore. APPROVAL OF MINUTES Minutes were approved as written. SPECIAL COMMITTEES: STATUS Barlow reported on the status of CAP Lease Review Subcommittee and Airport Annex Use Standards Subcommittee. MASTER PLAN: STATUS Barlow reported the Draft Master Plan should be arriving within one week. Copies will be made available to the Commission. FBO LEASE RENEWAL SUBCOMMITTEE: RECOMMENDATIONS Knowles reported on the Subcommittee meetings. Subcommittee recommended request for renewal of lease with Ashland Air be denied (see attached memorandum from the Subcommittee) . Motion made by Insley to accept the Subcommittee's recommendation to deny the FBO lease renewal. Motion was seconded. (Letters from Ken Jones and Jerry Insley are attached. ) Roll Call vote was held with aye votes by Insley, Ben-Lesser, Katzen, Knowles, Zupan, and Winthrop. Motion passed 6: 1. Hall advised Commission that their recommendation will be presented to City Council by the March 17 meeting. Public comment from the audience requested the Commission carefully review the current lease and perhaps review other similar FBO leases to insure the lease allowed a viable business opportunity to exist within the Ashland Airport FBO. REVIEW OF SAFETY REPORT Insley reviewed the safety reports. Hall is working with City Electric to give a cost estimate on replacing the wiring on the runway's North side. Hall reported the windsock on 30 will be replaced and City Electric will be replacing the burned out VASIlights. Hall is investigating the possibility to have the taxiway marking and taxi lines on the apron repainted by the County during the summer. ASHLAND AIRPORT COMMISSION MINUTES March 4, 1992 page 2 LAND USE REVIEW HUTCHINSON: 150 MAYWOOD Barlow recommended the Commission approve the addition to this residence and request the County require a Hold Harmless Agreement for airport noise and normal airport activities and attach a condition that the house remain a single-family structure. Insley moved to approve the Hold Harmless Agreement and requested clarification on the Agreement's impact for the applicant. FBO REPORT Scott reviewed the FBO Monthly Report with the Commission. INFORMATIONAL ITEMS Hall reported that the Commission and the FBO would be provided with information the City had received concerning drug smuggling operations at municipal airports. ADJOURNED: 1:OOPM Rhonda E. Moore Administrative Secretary Ai,NMV92.m1n cc: Memorandum from FBO Lease Renewal Committee Letter from Jerry Insley Letter from Ken Jones ASHLAND BICYCLE COMMISSION MINUTES WEDNESDAY, FEBRUARY 19, 1992 CALL TO ORDER Those present were Commissioners Jones, Noyes, and Haddad. Staff representatives present were Loren Deffenbaugh, Pam Barlow, and Rhonda Moore. There were not enough Commissioners present for a Quorum. APPROVAL OF MINUTES Approval of minutes was waived to the next meeting due to lack of quorum. BIKE PATH CONSTRUCTION --Commissioner Arnold is to report on the progress of the Mountain to Clay Street Railroad-side Bike Path. --Barlow reported that the State would follow up on the South Siskiyou Striping Project. PROGRESS REPORT: MONTHLY BICYCLING NEWS COLUMN Commissioner Gosling is to report on the progress of the column. BIKE TO WORK DAY: ACTIVITY PLANNING --Barlow reported that there would be no waiver on the general sign permit .regulations. --Commissioner Jones reported that the Bike to Work Day banner needed repairs. He requested Commission approval to take care of . the repairs. --Commissioner Haddad reported she had been researching ideas for Bike To Work Day Activities including awarding prizes for costumes, bike parade, sprint race, etc. --Barlow will handle initial billing insert to promote the event. Discussion was held on planning a parade/bike sprint through downtown on Bike to Work Day or during weekend prior. Commissioner Jones will contact Ashland High Leadership Class to garner their support to organize parade. --Commissioner Noyes suggested the Ashland High Bike Swap Committee be contacted to plan their Bike Swap for 1993 to coincide the weekend prior to the 1993 Bike Commute Week. Staff will contact the State to see if the 1993 dates have been set. --Press Releases will be sent to the media the week of May 11-15. Introductory press releases will be mailed April 27-May 1 with a "general notice" press release mailed April 13-17. (Commissioners are asked to submit their information for the press releases and flyers to Rhonda by April 8, prior to the April 15 Commission meeting. ) Press releases and flyers will be prepared and presented to the Commission on April 15. Distribution of the flyers will take place beginning the week of May 4. --Moore will research "Bike to Work" stickers. ADJOURNED The meeting was adjourned at 1: lOPM. Rhonda E. Moore Administrative Secretary Bike\Min� \2-24-8 .Min ASHLAND HISTORIC COMMISSION Minutes March 4, 1992 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, Jane Dancer, Keith Chambers, Jean MacKenzie and Le Hook. Also present were Assistant Planner Kristen Cochran and Secretary Sonja Akerman. Deane Bradshaw was absent. Thomas Hunt moved to Medford and therefore, resigned. APPROVAL OF MINUTES Skibby commented the deck at 125 North Main Street is existing. This was unclear at the last meeting. Skibby then moved and Dancer seconded to approve the Minutes of the February 5, 1992 meeting as mailed. The motion was unanimously passed. STAFF REPORTS PA 92-018 Minor Land Partition and Site Review 230 Van Ness Avenue Darrell Bold and Lana McGraw Boldt Cochran explained this is a Minor Land Partition to divide the property into two parcels and a Site Review to convert the existing house to a duplex. There has been neighbor concern with the potential increase of traffic on the alley because the applicagt is proposing alley access. Gary Brewer, 229 West Hersey Street, stated he was representing several concerned neighbors that do not want the alley paved. He also said he had met with John McLaughlin and Darrell Boldt that afternoon in order to work something out to preserve the alley. They decided that instead of a 15' pedestrian access for the flag drive, it should be increased to 20' if accessed off Van Ness Avenue. Darrell Boldt said the alley issue will not come up until the structure on the back parcel is actually built. Currently, the use has not been determined. He agreed to widen the flag to 20' if accessed off Van Ness. He added the cedar tree would have to be removed because it is in the middle of the flag drive. Brewer added there is also an ancient tree in the corner of the back lot that would have to be removed if the alley were to be paved. All their yards open up to the alley and it is their open space. When Lewis questioned Boldt about exterior changes, he answered he will be taking off the siding of the existing building and replacing it with lap siding. He will also re-roof with shingles. Some modification on the lower portion of the house will have to be done such as upgrading the windows. Cochran confirmed there would be a Site Review for the back portion of the property when the owner is ready to develop. Brewer, when questioned about the rustic condition of the alley, stated he and the neighbors have improved it and put in fill over the years. Whitten commented she would like to see this rustic nature of the alley preserved. Hook moved to recommend approval of this application with the stipulation the alley remain unpaved. MacKenzie seconded the motion and it was unanimously approved. PA 92-030 Conditional Use Permit 155 Hillcrest Street Bill and Lisa Molnar Cochran explained the applicants would like to convert a guest room, which is in the rear portion of their garage, into an accessory residential unit. The three required parking spaces are existing. There will be a few minor interior changes, but no exterior change. Hook stated he is strongly in favor of affordable rentals such as this. The Commission concurred. Whitten moved to recommend approval of this action. Skibby seconded the motion and it was unanimously approved. PA 92-032 Site Review for Landscape Logan Drive/Grandview Drive/Scenic Drive Intersection Ed Houghton Cochran stated one of the conditions imposed by the City Council was that the landscape plan come back as a Site Review for this intersection. Concerns of the Tree Commission and neighbors have been addressed. Rock walls will be constructed, portions will be hydro- seeded and ground cover will be planted. When questioned about the rock wall construction, Ed Houghton clarified the rock wall along Scenic Drive will match the existing rock wall on Scenic. Keystone block will be used as the wall goes up Logan Drive. Ashland Historic Commission Minutes March 4, 1992 Page 2 Hook moved to recommend approval of this landscape plan. Dancer seconded the motion. The motion passed with all voting aye except Chambers, who abstained. PA 92-029 Conditional Use Permit and Variance 208 Hargadine Street Laura and Eugene Anderson Cochran said this application is for a three-unit traveller's accommodation plus the business owner's unit. The Variance is needed because the site is more than 200 feet off a collector or arterial street. The purpose of that condition is to protect inner residential areas. She stated the City Council recently resolved that streets in excess of 18% should not have more impact. A traveller's accommodation, however, would have less impact than apartments, she stated. The request meets all other criteria. Staff has to recommend denial because it is not within 200 feet of East Main Street. Other B & B's not within 200 feet of collector/arterial streets were discussed. Laura Anderson clar'if'ied the Stone House was granted a Variance and added they are both 340 feet from East Main Street. This house, because of its proximity to the C-1-D zone (across the street), is not entirely in a residential area. She feels the City would benefit by the proposed use rather than apartments because they would be living on the premises. When questioned about the inside of the structure, she said it was divided into four apartments in the 1930's. Not much has changed since. It was denied status on the National Register because of the window changes. She went on to say they would like to rent the apartments to families. In the summer, it would be rented as traveller's accommodations and in the winter, it would be month by month, probably to students. She and her husband will live there all year. She clarified only one unit will be taken off the market, and it will be theirs. Eugene Anderson stated that in the first year, they will upgrade and decorate the inside and landscape. They would like to restore the house in the future. Laura Anderson added the traffic will drastically be reduced, as there are currently 12- people living in the house, and if allowed to be a traveller's accommodation, a maximum of five cars will be there at one time. Hook agreed and said the point is well made that people staying there will be much less likely to use a car, as so much is within walking distance. Skibby moved and Whitten seconded to recommend approval of the three-unit traveller's accommodation plus owner's unit and the Variance. Chambers expressed his concern about taking the units off the rental market and questioned if the units could be rented as much as nine months out of the year. Laura said she has been managing two traveller's accommodations on East Main Street and feels 80% of the people that attend the plays Ashland Historic Commission Minutes March 4, 1992 - Page 3 from February to June are local and/or students. Eugene stated they will cater more to families with children, so most will not come during the school year. Laura added it is not their intent to rent as traveller's accommodation in off seasons because they need the guarantee of monthly rent to help defray utility costs. The motion was then unanimously approved. BUILDING PERMITS Permits reviewed by members of the Historic Commission and issued during the month of February follow: Beth & Alex Reid 147 Strawberry Ln Remodel/Addition Pierre & Dale Verger 36 S. Second St. Remodel Steve Brummett 135 Granite St. Addition John T. Strong 145 "B" St. Addition Daddy O's 130 Will Dodge Wy Signs (2) Jackson County Federal Savings 183 E. Main St. Sign 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: March 5 Skibby, Dancer and Lewis March 12 Hook, Skibby, Chambers and Whitten March 19 Hook, Skibby, Chambers, Dancer and Lewis March 26 Skibby, MacKenzie, Dancer and Whitten April 2 Hook, Skibby, Dancer and Lewis OLD BUSINESS 228 "B" Street Skibby stated he had talked with Denise Miller about the house. She told him it was on" the market, but that it will not be on the multiple listing register for at least a month. He was told the price was $89,000, however Whitten stated it is now $98,000. Skibby will call the Millers. National Historic Preservation Week Skibby informed the Commission the bill stuffer will be mailed with the April utility bills. He will speaking to people from the Tidings, Gazette, Sneak Preview and Lithiagraph within the next few weeks. Ashland Historic Commission Minutes March 4, 1992 Page 4 Historic Landmark Preservation Ordinance It was decided the work session should be scheduled at a time convenient with John McLaughlin. Alley Committee Chambers distributed a draft letter and report which will eventually go to the Mayor and City Council. He then summarized the committee was formed a couple years ago in order to change City policy of paving alleys. Alleys are a resource, not just little streets. The committee has been walking and mapping all the alleys,in Ashland. There is now a notebook full of data regarding the alleys. The Committee is asking for specific sections to be changed in the ordinance and wants to remove the alley linkage with streets. People that live near alleys feel they are unique and should be preserved. Dick McKinney, 123 Seventh Street, added the alley committee has been able to help delay the paving of some alleys in the past couple of years. Granitic dust was a concern of the City Council, but no one has seen any health studies on this. Chambers stated Bradshaw is working on this. He feels alleys can be considered as linear parks which the City already owns, thus providing open space. The Commission decided to direct Staff to review and comment on the draft as soon as possible. NEW BUSINESS New Member Steve Ennis introduced himself and stated he has talked with the Mayor and written a letter requesting to be on the Historic Commission. He is a licensed architect in New York, New Jersey and Connecticutt, and prefers working on older houses. Lewis stated he was going to recommend Mr. Ennis replace Thomas Hunt as soon as possible in order to have a full commission. ADJOURNMENT With a motion by Hook and second by Chambers, it was the unanimous decision to adjourn the meeting at 9:25 p.m. Ashland Historic Commission Minutes March 4, 1992 Page 5 ASHLAND POLICE DEPARTMENT Monthly Activities for February, 1992 INVESTIGATIONS - February 11, an unidentified male robbed an Ashland bank. The suspect was subsequently arrested in Billings,- Montana by the FBI . February 14, an adult male was arrested for Sexual Abuse I, in connection with an incident involving sexual contact with his 5 year, old daughter. February 14, unknown person(s) poured motor oil in the interior of at least 2 cars at an Ashland apartment complex. A third car in the same parking lot had the interior set on fire. PATROL Officer Buddy Grove has been off during the month with an injury to his back. (Not duty related) . He is expected to return to light duty by mid March, however, it may be several months before he is released to full duty. Graveyard shift arrested 13 people for Driving Under the Influence of Intoxicants. A significant number of Minor In Possession of Alcohol citations were also issued. CRIME PREVENTION February was the,last month for the "Youth and the Law" program for this school year. Seven meetings were attended, and 18 presentations were made . More videos have been acquired for our Crime Prevention Library. PEDESTRIAN/BICYCLE SAFETY The major focus this month was in getting the programs for the grade schools underway. Contact was made with several groups and the support for the program is still positive. "SIGGY" coloring books were completed and printed. These arefor the k- 3 grades. Bi-Mart is currently looking at buying 1200 Capt. Cycle coloring books for the 3-5 grades. A grant writing workshop was attended on 022192 in Grants Pass. Safety Features/Improvements for Local Streets class was attended on 022892 also in Grants Pass. Five other meetings were attended. ,_� 1 POLICE RESERVE The Reserves put in a total of 174 hours 15 minutes among five officers. There was 140 hours 45 minutes in training, 18 hours 30 minutes in special assignments, 9 hours in meetings, and 6 hours in patrol. EXPLORERS The Explorer post donated 122 hours to the .Department. Officer Brooks, put on training on domestic violence. Detective Parlette put on a narcotics class. COMMUNITY SERVICE VOLUNTEERS A total of 54 volunteers reported and worked a total of 1 , 161 hours. MUNICIPAL COURT There were 711 citations filed in the Municipal Court, which includes 142 traffic violations, 50 formal complaints, and 519 parking citations. Cases closed totaled 757 which includes 136 traffic violations, 90 formal complaints, 6 fines suspended, 52 citations dismissed (including 0 completed diversions) . There were 312. parking citations closed, 246 of these were issued in the Downtown Parking District. No parking citations were dismissed. There were 282 appearances, 132 before the Violations Bureau and 150 before the Court. There were 15 trials held, and 0 no show; 70 persons were placed on diversion and 34placed on probation. COMMUNICATIONS/RECORDS Communications/Records personnel handled 578 Police cases and dispatched 70 fire/medical runs. The Communications Division received a total of 3 , 255 phone calls, 487 of those calls were 911. The Police Department received a total of 5, 596 phone calls. CODE COMPLIANCE OFFICER There were 19 inspections performed this month, 4 warnings and 1 .citation issued. JACNET No report for the month. of February. 2 a�N`'y; April 2, 1992 Honorable Mayor and City Council rvmja-,A' Williams, Director of Electric Utilities C29 Electric Department Activities for March .1992 THE FOLLOWING IS A CONDENSED REPORT OF THE ELECTRICAL DEPARTMENT ACTIVITIES FOR MARCH 1992. INSTALLED 8 NEW UNDERGROUND SERVICES AND 3 OVERHEAD SERVICES. INSTALLED 1360 FEET OF CONDUIT AND 9405 FEET OF CONDUCTOR. 10 TRANSFORMERS WERE INSTALLED FOR A TOTAL OF 1512.5 KVA AND 4 WERE REMOVED FOR A NET GAIN OF 1140 KVA ON THE SYSTEM. RESPONDED TO 59 REQUESTS FOR CABLE LOCATES. HAD 282 CONNECT ORDERS AND 172 DISCONNECT ORDERS FOR A TOTAL OF 454. THERE WERE 371 DELINQUENT ACCOUNT NOTICES WORKED. 108 DELINQUENT ACCOUNTS WERE DISCONNECTED AND 24 WERE RECONNECTED. EMPLOYEES ATTENDED MONTHLY SAFETY MEETING. Cotem x �IItdutn -_ °REGO •' March 13 , 1992 - - The Mayor and City Council �� �r "m.`1 L , rOIII: Steve Hall, Director of Public Works • V I�UbjP� Public Works Monthly Report for the Month of 7 February, 1992 The following is a condensed report of the activities of the Public Works Department for the month of February, 1992: ENGINEERING: 1. Issued 15 street excavation permits. 2. Issued 4 miscellaneous construction permits. 3. Checked 14 certificate of occupancy requests. 4. Issued 2 curb painting permits. 5. Performed field and office checks on 6 partition plats. 6. Performed field and office checks on 2 subdivision plats. 7 . Prepared a report on proposed partition and subdivision plat check fees for Council review. 8. Prepared a report to staff and Council on the proposed vacation of Grover Street. 9. Performed the following work on the Peachey/Paradise sewer assessment district. a. prepared notice of final acceptance b. released bond money held on project 10. Revised quit claim deed for easement relinquishment in Franeva Heights Subdivision. 11. Performed the following work on the 1991 miscellaneous concrete project: a. inspected work performed by contractor b. layed out locations of curbs at Coolidge, California, Scenic, Prim and other locations C. computed costs of downtown construction 12. Performed the following .work on the Tolman Creek L. I.D. a. mailed requests for driveway locations and utility' ' services to abutting owners b. met with engineers concerning design of improvements C. reviewed preliminary plans 13 . Completed the centerline, survey of E. Main Street 14. Conducted the following activities with the newly acquired Global Positioning survey equipment: a. attended 3-day training session with Nessco Survey / Supply b. conducted 3 survey sessions with equipment Public Works Monthly Report Page 2 - March . l3 , 1992 15. Began surveying the Brevik property south of Park Street. 16. Performed the following work on the Northwest Water project: a. reviewed preliminary project plans with engineers b. measured depths of existing utility lines 17. Completed redesign of hoist system at the power house.. 18. Updated City street map. 19. Ran new set of aerial plats at the County Drafting Office. - - 20. Repaired and cleaned traffic counters. 21. Operated traffic counters at several street intersections. 22 . Performed field inspections on the following subdivisions and projects: a. Glennvista Estates, Ph. II b. Park Estates, Ph. III C. Logan Drive, Ph. II d. Mill Pond sub, Ph. VI e. Barrington Place Sub. f. Greensprings Sub. , Ext. III 23 . Began redesign of a sump pump mounting system for the water filtration plant. 24 . Acquired 1 state highway and 1 Jackson County excavation permit. 25. One staff member attended a seminar on water rights. 26. One staff member attended a seminar on state plane coordinates. 27 . Prepared descriptions for 5 easements to be acquired off Paradise Lane. SMH:rm\F.er+q. WATER QUALITY MONTHLY REPORT February, 1992 Water: Repaired 3 leaks in City owned water mains. Repaired 10 leaks in customer service and or meter. Repaired 1 Lithia water pipeline leak. Changed out (7) 3/4" meters and (2) 1 1/2" water meters. Installed 2 meter risers on low services. Installed 15 new water meters with hand valves. Installed 1 customer hand valve. Repaired 3 fire hydrants. Changed over 5 water services at Crowson Rd. Installed (16) 3/4" water services. Replaced water service hit by contractor on Ray Lane. Reworked water service that was crimped off at 1146 Beswick. Repaired drinking fountains, at N. Main and Laurel also Triangle Park. Installed new sump pumps under Iron Mike and Lithia Fountains. Chlorinated and put into service new water main at Sheridan and N. Main. Replaced section of 8" water line and tied it into new 12" line running towards Tolman Creek. Poured thrust blocks, chlorinated and put into service. Removed 400 feet of old 8" steel line from service through Clay St. Jackson County fire District used 8500 gallons of water. Sewer: Installed 7 new 4" sewer laterals. Videotaped 1045.40 feet of City sewer mains. Responded to 5 service calls. Responded to 2 sewer main plugs. Jet rodded 26, 642 feet of City sewer mains using 57, 000 gallons of water. Repaired 7 sewer lines for various problems. Miscellaneous: There were 66 requests for Utility locate calls. There was 63. 687 million gallons of water treated at the Water Treatment Plant and 41. 06 million gallons of water treated at the Waste Water Treatment Plant. Used 40 yards of 3/4" minus. rock at various job sites. � - W - ^ | ^ ! ~ '.City of Ashland Street Division ^ � , -- February 1992 Report � ^ SWEEPER; ��wept .4O6 miles. �1 , 5 Sweepers) . _ ^ Collected 160 yards of debris. / � Responded to 03 utility location requests. ` l streets and alleys Graded severa s ree s ^ ' Patched potholes and sunken services- Patched x'nver on Scenic off Maple. � � Patched new handi-cap ramps on Siskiyou at Sherman and Mortoo . ' ' STORM DRAINS: ` -- Flushed and/or rodd��d several storm drain systems . ' Cleaned catch basins. Ray Ln^ storm drain project: replaced 600 ft. of b in . concrete pipe ` with 12 in. P^V.C. . Alsu replaced a 30 ft^ cro5s~over. Installed 1 *an� ' hole and 2 curb-inlet catch basins. Replaced 200 sq . ft. of driveway ' and 25 ft^ of curb and gutter , ' - Allison St. cross-over: Replaced a 60 ft, rusted out steel culvert with ` a 12 in. Istalled 1 catch basin and replaced 13 ff. of curb and ` gu+ter^ x i several .days of pot-holing . (Locating all - The above 2 prrje�ts require severa � , � utilities) " ` �—'- SIGNS: / - Replaced or repaired several si9ns and/or posts" ` Installed a stop sign on Lori Lo _ at Hersey per TR-02-1992, Installed stop signs an Heiman at Hersey. / Set up temporary stop sign on Wightmao at Siskiyou due to traffic light ^ failure. ��— Installed all commercial. ms parking only signs on So. Pioneer. ~ Re-located R/R sign on Heiman below Hersey . . ^ ' MISC" � ~ Mauled of! trash from the airport. ' Cleaned up B St. yard ~ �-- ' Repaired barricades. ^ Cleaned op blackberries from Taylor 5t. . ^ the Pl for the Electric Dept Saw-rut concrete on e aza . . ^ Marked Scenic Dr. for locates for major storm drain project. Removed several trees from Ashland Cr . below Hersey St. . ^ Began excavating for new d/iveway off Sherwood into Fire Statio n 2. Back-filled sink-hole oq Guthrie at Ashland , - Began pot-holing ( locating utilities) on Scenic D r, between Wimer and Grandview Dr. for ncw �torm drain. - Returned 15 barricades to Ashland Rental . Began preparations for installing a 6 in . perf drain in the new 2nd. St^ parking lot. Back-filled storm drain d i repair in alley off Morton below Pennsylvania. ` - ' Cleaned up facilities on aweekly basis . Helped in shop when needed. _ Held monthly safety meeting . ` ` (a- City of Ashland l•:' Fleet Maintenance February 1992 Report -- 3 mechanics completed work: on 96 work orders for various types of city equipment and veh.iclez.The divisions and departments involved are as follows: Administration : 1 Building : o Cemetery: 2 Community Service Volunteer - - Electric : 12 Energy: i Engineering : 1 I_ Fire: _ L'1 Police: 20 P.W.4#1 : (1 - -- Senior Van : 0 L. Shop: 2 Street: -� -- Warehouse: . 3 '» Waiver: 26 Airport O MISC. : p s The emergency generators at City Hall and the Civic Center were fueled and manually tested weekly. I and M certificates issued for the month: City of Ashland: 1 i.. S.O.S.C. : 7 eel+OF �SNi°••, Aerttarandum ogtoo a� ,:` February 28 , 1992 - CIO. Brian Almquist, City Administrator Steven Hall, Public Works Director Water Supply Report -- February 1992 ACTION REQUESTED None, Information Item. PORT This is the second report on the US Forest Service snow survey for 1992. The January and February, 1992 reports are better than 1991, but still well below the 20-year average. WATER CONTENT OF SNOW AVERAGE OF THREE USFS STATIONS MOUNT ASHLAND --------------------------------------------------- Month 1972-1992 1977* 1991 1992 Average Actual Actual Actual --------------------------------------------------- January 16.8^ 1.8" 5.5" 9.4" February 21.5" 4.7" 8.9" 11.7" --------------------------------------------------- * . Lowest year of record, 1972-1992. As with the last report, I am hoping for a wet and cool March. I haven't checked the Farmers' Almanac this year, either. SMH:rm\Veter\SnoRpM.R cc:. Dennis Barnts, Water Quality Superintendent . ' Pam Barlow, Administrative Assistant Encl: Graph j.History . :N M DEPTH IN INCHES O O O O O O O O O O O O O O O J' N �D GO J Z p O O m �D u J li S °o z D L C iD �7 W O m O D o m m 00 :II z ® D z CO D D :;o r ri D D m 00 = z O C G D r m LD z D7 oo OD QD 0 �Q L L N CITY OF ASHLAND DEPARTMENT OF PUBLIC WORKS SNOW DEPTH/DENSITY ----------------------------------------------- FEB CALABAN II SWITCHBACK SKI BOWL AVERAGE SNOW WATER SNOW WATER SNOW WATER SNOW WATER -------------------------------------------------- 1972 105. 5 35. 0 89.5 27.8 97.5 31. 4 1973 68.2 21.3 50. 5 16.0 59.4 18.7 1974 138. 1 45.8 150.3 48. 0 112 .3 33 .4 133.6 42 .4 1975 100.2 25.2 96. 0 31. 3 90. 3 28.4 95. 5 28.3 1976 72.6 19.8 76. 3 21.3 69.9 18.8 72.9 20. 0 1977 23 . 0 4.0 25.8, 5.0 25.8 5.0 24 .9 4.7 1978 74.6 28.6 77. 2 27. 0 85.7 29.8 79. 2 28.5 1979 62 . 0 14.6' 65.8 15.5 57.2 12 .4 61.7 14 . 2 1980 36. 0 15.0 44.0 15.0 33 . 0 12.0 37.7 14. 0 1981 49.0 16.0 58. 0 20. 0 40. 0 15. 0 49.0 17. 0 1982 88. 0 31.0 88. 0 29. 0 70. 0 23 . 0 82. 0 27 . 7 1983 130. 0 50.0 139.0 50.5 125. 0 43 . 1 131. 3 47. 9 1984 82 . 0 26. 0 92.0 29. 0 90. 0 27. 0 88.0 27. 3 1985 74. 0. 27.0 89. 0 30. 0 78. 0 27. 5 80.3 28.2 1986 67.2 25.6 82 . 3 30. 6 67 .2 21. 6 72.2 25. 9 1987 71.0 22 .8 70. 0 22. 0 61. 0 19. 6 67.3 21. 5 1988 53. 0 19.4 85. 0 21. 3 38. 0 13 . 2 58. 7 18. 0 1989 66. 5 24.8 70. 0 25.9 62 .0 23 .2 66.2 24 . 6 1990 42 .0 11.8 44.0 12.8 42 . 0 12.4 42 .7 12 . 3 1991 29. 5 9.9 30. 0 10. 0 21.5 6.7 27. 0 8.9 1992 37. 0 12 . 5 41. 0 13. 3 30.0 9.3 36. 0 11. 7 ---------------------------------------------- AVG 64.8 21.5 72 . 6 23 .4 60.9 19. 3 66.5 21.5 ;,.•OF ASH filangranin April 3 , 199 ORFG�Ia ,• _ III• Brian Almquist, City Administrator jfrIIm: Steven Hall, Public Works Director 411 uhjett: Water Supply Report -- March 1992 ACTION REQUESTED None. Information item. REPORT This is the third report on the US Forest Service snow survey for 1992 . The January and February, 1992 reports were better than 1991, but still well below the 20 year average. The March report has raised a concern as to the ability to provide water "as usual" this summer. The total water content is the next to lowest for the period of 1972 through 1992. Hollie Cannon, Manager of the Talent Irrigation District has indicated that their current projected cutoff date is August 2 , 1992 and water will be supplied at two-thirds (66.7%) of the allocated water storage rights. This is a two-edged sword. TID water is anticipated to be cut off about two months ahead of time and the amount allocated to Ashland will be at two-thirds of our maximum allocation. Reeder Reservoir . is 85% full as of Thursday, April 2 , 1992 . That is 80 inches below full, and filling at about 2 inches per day. As the snow pack disappears and the temperature increases, that rate of filling Reeder Reservoir will no doubt decrease. Our normal time for having Reeder Reservoir full is May 30th. We will be closely monitoring Reeder Reservoir and will begin supplementing our supply with TID water to meet the May 30th fill date. Last year we were able to complete the year without supplementing our potable water system with TID .water. Power generation has been curtailed at night and the Fire Department has been asked to not test any fire hydrants until further notice. WATER CONTENT OF SNOW AVERAGE OF THREE USFS STATIONS MOUNT ASHLAND --------------------------------------------------- Month 1972-1992 1977* 1991 1992 Average Actual Actual Actual --------------------------------------------------- January 16. 8" 1.8" 5 . 5" 9 .4" February 21:5" 4 . 7" 8 . 9" 11. 7" March 26. 6" 10. 3" 22 .7" 12 . 6" --------------------------------------------------- * Lowest year of record, 1972-1992 . The weatherman is predicting rain and possible snow in the mountains this weekend. I hope that rain is a fact by Tuesday' s City Council meeting! It is still impossible to predict if the City will have to enact the curtailment ordinance procedures as yet. cc: Dennis Barnts, Water Quality Superintendent Pam Barlow, Administrative Assistant Daryl McVey, Water Plant Supervisor encl: Graph History - ^ , - CITY OF ASHLAND DEPARTMENT OF PUBLIC WORKS SNOW DEPTH/DENSITY MAR CALABAN II SWITCHBACK SKI BOWL AVERAGE SNOW WATER SNOW WATER SNOW WATER SNOW WATER 1972 83" 1 37^ 7 60. 9 25^ 6 72" 0 29, 7 1973 83. 1 26. 8 62^ 2 20" 0 72. 7 23. 4 1971 146. 5 53. 5 156. 5 58. 7 120" 4 44, 6 141 . 1 52. 3 1975 136. 5 45. 4 139. 8 48" 5 142. 9 49. 0 139. 7 47. 6 1976 71 . 1 20. 8 73. 3 22" 5 62" 8 18. 8 69. 1 20" 7 1977 38. 6 10. 0 40. 8 10. 3 37. 0 10" 6 38. 8 10. 7 197B 75. 7 32. 6 85. 1 34" 7 66. 8 27. 6 75. 9 31 . 6 1979 51 . 0 18. 4 57. 0 17. 0 44. 0 14. 8 50" 7 17. 4 1980 86. 0 30. 0 97. 0 31 . 0 73" 0 25" 0 85. 3 28. 7 1991 49. 0 16. 0 58. 0 20. 0 40" 0 15" 0 49" 0 17. 0 1982 88. 0 33" 0 96. 0 34" 0 74. 0 27. 0 86, () 31 , 3 1983 160. 0 59. 0 169. 0 57" 0 147. 0 56. 0 158, 7 37. 0 1984 80. 0 31 . 0 87. 0 32. 0 79" 0 29" 0 82. 7 30. 7 1985 88. 0 31 . 8 99. 0 34" q 81 . 0 27. 7 n9. 0 31 . 4 1986 60. 0 25. 0 79. 0 34^ 0 61 " 0 22" 0 66, 7 27" 0 1987 86. 0 29^ 0 91 . 0 30" 0 71 . 0 24. 0 92" 7 27. 7 1988 52. 0 20. 2 48. 0 19. 3 34. 0 13. 4 44. 7 17. 6 19R9 76. 3 30. 4 85. 5 34^ 6 67. 2 27, 9 76. 2 31 . 0 1990 45. 0 16. 4 46. 0 17. 2 42" 0 15^ 9 44. 3 16. 5 1991 79. 0 23. 6 84. 0 25. 3 62" 0 19. 2 75. 0 22. 7 1992 36. 0 13. 2 38. 0 14, 7 27. 0 10" 0 33^ 7 12. 6 AVG 75. 2 26. 7 P1 . 7 29. () 66. 1 23" P 74. 3 26. 6 . � � / C\l Z O W T J Q _ CD z z w m = � co w = U rnQ � rn c z Q � � W LL w - z U � T Z i i T O O O O O O O O O T T T T S3HON1 NI Hld3a • United States Forest Rogue River Ashland Ranger District Department of Service Nations},, •. 645 Washington Street Agriculture Fore§E, ` ` .`,, Ashland, OR 97520 Reply to: 2530 ` , v..-„ D Date: March 30, 1992 'Subject: Snow Courses To: Forest Supervisor The Ashland Ranger District snow courses were measured on March 30, 1992. Snow depths were at record lows at all four sites. Water content was also at record lows except for the Mt. Ashland Switchback and Caliban II courses which had slightly higher readings than 1977. The records at this office date from 1966- Overall water content and depths are about 408 of normal for this time of year. Results were: AVERAGE AVERAGE DENSITY COURSE SNOW DEPTH CONTENT (H„T 0) M _ Siskiyou Summit No Snow -- -- Ski Bowl Road 27" 10" 37.3 Switchback 38" 14.7" 38.8 Caliban II 36" 13.2 37.2 MARY L. SMELCER District Ranger cc: Steve Hall, City of Ashland Glen Menzie, Ski Ashland, Inc. Brian Lanning, SCS, Medford, OR ASHLAND POLICE DEPARTMENT MEMORANDUM 1 ' March 16, _1992 TO: Nan Franklin FROM: Daymon Barnard, Acting Chief of Police RE: Liquor License Renewals In response to your memorandum of March 10, 1992 , I have had our department review the liquor license establishments. It is my recommendation that all current licenses be renewed. CM emorandum March 5, 1992 GREGO Z Q: Brian Almquist, Steve Hall � ram: James H. Olson, Assistant City Engineer p�liljjPtt: Vacation of Grover Street We have now had responses from all of the City divisions and departments concerning the proposed vacation at Grover Street between North Main Street and Sheridan Street. There have been no objections or conditions except a request by the Planning Commission to reserve a 10-foot wide pedestrian access easement. The description has been revised to reflect that request and is attached. Please use the revised (3/2/92) description with the ordinance. The public hearing notice has been posted at the site as required by law and a copy .of the notice will be sent to Ed Pentkowski. JHO:rm%G�.. Enclosure cc + enc: Ed Pentkowski ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF GROVER STREET. WHEREAS, Notice of the Public Hearing on the proposed vacation of Grover Street has been given in accord with the provisions of Chapter 271 of the Oregon Revised Statutes. NOW, THEREFORE, THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. It is determined that the public interest will be best served by the vacation of the unopened portion of Grover Street between Sheridan Street and North Main Street located in the City of Ashland, Jackson County, Oregon, more particularly described on attached Exhibit SECTION 2. For the foregoing reason, the street located on the land described above is vacated, provided that a pedestrian access way is reserved. The foregoing Ordinance was first read on the _ day of 1992, and duly. PASSED and ADOPTED this day of 1992. Nan E. Franklin City Recorder SIGNED and APPROVED this day of 1992. Catherine M. Golden Mayor Approved as to /form: Paul Nolte City Attorney i Exhibit 'A' VACATION OF A PORTION OF GROVER STREET Beginning at the Northeast corner of Lot 5 of the W.C. Meyer Addition to Ashland, Oregon, as now recorded; THENCE South along the Easterly boundary line of Lots 5 and 10 a distance of 475.2 feet, more or. less, to the Southeast corner of Lot 10 of said Addition; THENCE East along the Northerly right of way line...of Sheridan Street a distance of 60 feet to the Southwest corner of Lot 11 of said Addition; THENCE leaving the. Northerly right of way line of Sheridan Street, North along the Westerly boundary line of Lots 11 and 4 a distance of 475.2 feet, more or less, to the Northwest corner of Lot 4 of said Addition; THENCE East along the Northerly boundary line of Lot 4 a distance of 22 feet, more or less, to the Southwesterly right of way line of the relocated Pacific Highway (North Main .Street) being normal therefrom and 60.0 feet from the centerline of said highway according to Oregon State Highway Drawing No. 8B-3-17, dated August 1956; THENCE in a Northwesterly direction to the Southeast corner of Lot 3 of the W.C. Meyer Addition to Ashland, Oregon, as now recorded; THENCE South along the East boundary line of that stub or .parcel of land as vacated per City Ordinance No. 447 and recorded in Volume 223, Page 406 of the Deed Records of Jackson County, Oregon 60 feet to the Northeast corner of Lot 5 of said Addition and there terminating. RESERVING THEREFROM, an easement for the purpose of "Ingress and Egress' , to be utilized by the Hargadine Cemetery Association, its heirs, assigns and successors in interest, over and across a strip of land 30 feet in width, lying Easterly of and contiguous to, when measured normal therefrom, the Easterly boundary line of Lot 10 of the W.C. Meyer Addition to Ashland, Oregon, as now recorded. Extend and/or shorten the Easterly easement right of way line to close upon the Northerly right of way line of Sheridan Street, as required. ALSO, RESERVING THEREFROM, a 'Pedestrian Access Way' over and across a strip of land 10.0 feet in width lying Westerly of when measure normal therefrom and being contiguous to, a line which is o situated 30.0 feet Easterly of, when measured normal therefrom, the Easterly property line of Lots 3, 5 and 10 of the W.C. Meyer Addition to Ashland, Oregon, as now recorded. Extend and/or shorten the side lines of said 'Pedestrian Access Way' to close upon the Northerly right of way line of Sheridan Street and upon the Southwesterly right of way line of the relocated Pacific Highway (North Main Street) , as required. It is intended for this 'Pedestrian Access Way' to be continuous and uninterrupted, from the Northerly right of way ,line of Sheridan Street to the relocated Southwesterly right of way line of the Pacific Highway (North Main Street) , as set forth hereinabove. VACATION OF A PORTION OF GROVER STREET Page 2 ALSO, , RESERVING THERETMOM a Public Utility and Road Slope Easement over, across and through a strip of land 10.0 feet in width, Northerly of and contiguous to, when measured normal therefrom, the Northerly right of way line of Sheridan Street. .City of Ashland .:` January 24, 1992 20 East Main Street " Revised 3/02/1992 Ashland, Oregon 97520 ? ref: C91-04A.leg Exhibit 'A". REGISTERED ' PROFESSIONAL LAND SURVEYOR O R E G O N JULY S. 198e RYERETT L. SWAIN 739 S s ; n EXHIBIT '.B" v .1 Tj( 1 p \ Z n - n 2 \ 1 o c U \ r ' r 8cha,as .- 350 chs �� x..60 Chs \ \ � -�• -� '' 'Sckofietc�: p- . $treed ; v9cn rEn_, 7cns 3 .._ 460 cns r.. a a tom'✓.. K 1 4.00 4h& . ^ 3._S+Gng i G(, 0 `� _� ` i �• ch JSOChs �_ j; . . .60 Cns. �.. ��� 4.00 eheV 6.85 eh s. , 4 .. y ... weft 7B4 GD a_ -1' -1 Sheridan 1 / $_r e e -- _ e'tic. Y w�� ,1 ;' 7.OecD3 L.o0 e113 •2.0OCDg �• 3.00 LDg, y ss a 15 Y .55 chs - 7.00 ch 3.00N g Y 2 a t 1• n 2.o0 chs .oa chs 2.� c 1 t 1 g c ra7t.2 . . S� ree �'::, 1, 1 1 DD pp 21 c ..�} 1. I �• n 2 2. . n .. 1 688 chs. : 1 Y 88• 3i' w ts..Y7 Choi 3- - - - EXHIBIT .'B' Date filed: PETITION We the undersigned property owners residing on or near GROVCfl STREET do hereby petition the City .. Council to initiate proceedings to vacate the above mentioned public right-of-way, being further described as follows: _ GROVER STREET BETWEEN SHERIDAN AND NORTH MAIN ST. IN ASHLAND OR, RUNNING ADJACENT TO THE CEMETERY AND TAX LOTS 101 AND 100 ON THE,UPPER SIDE, AND TAX LOTS 304 AND 100 ON THE LOWER SIDE. We do further warrant that the signatures below represent 1008 of the properties abutting the proposed vacation, and at least 66 2/38 of, the affected area which lies within 200 feet on either side and 400 feet from the ends of the public right-of-way proposed for vacation.' NAME ADDRESS TAX LOT NO. 1. _ ETC SOO 2. �/� n� S1 P�t«PA_ �P• .Qr-1(� �� 3 X10 0 0 4. 3 3'I�c�2' �. '2l 6. 10a7-ao 7. Wiz/ Goa✓cam 3K 111gQ3 - 8 -7-3 C) OC7 STA E OF hrGA O+t ) / —) ss. County of )�r�•s-v.. ) On this LF day of C. , 19�, personally appeared before:.. me a notary pi tc I1E and for said tate, the within named >`Lu a to me know to..be the identica person escr- 1 . therein an who execute the Foregoing instrument, and acknowledged to me that executed the same freely and voluntarily for the uses and purposee`s�t'Eeerein mentioned. IN WITNESS WHEREOF, I have .hereunto set : hand ff-icial seal the day and year above written. ssyL� S it orrICIAL SEAL NOt y PUbl lA•"S H OLSON NG C - OREGON Fly C Emission expires (' _3 e 1°J9 COtM,.IS10r1 NO.002026 MY COMMISSION EXPIRES OCT.3,1994 I i ------------.-�•�o IT? -7 Grover d 300 .5 hwt7,�o.mS-t, Sv o i i i i l _ I . , e�y OF ASNC9, . ; PIII�rFI1��Um April 2, 1992 OREGON,,' - City Council from, Planning Commission JltbjpCt: Grover Street Vacation request On February 11, 1992, the Planning Commission reviewed the request for the vacation of a portion of Grover Street. By unanimous vote, the Commission approved the request, with the following recommendation: That a 10' public pedestrian easement be retained from Sheridan Street to North Main Street along this vacated portion of right-of-way, and that this easement not ever be fenced. The Ashland Comprehensive Plan encourages the retention of direct pedestrian routes, and the reservation of an easement for pedestrian purposes at this location furthers the intent and purpose of Plan Policy X-6 e), which states: "Encourage off-street pedestrian pathways to offer direct, safe routes." The Planning Commission believes that the requiring of the pedestrian easement ensures that the vacation request is in conformance with-the Ashland Comprehensive Plan. No one came forth to speak. COMMISSIONERS DISCUSSION AND MOTION Jarvis moved to adopt, Powell seconded the motion and it was approved unanimously. OTHER VACATION OF GROVER STREET Bingham moved to recommend to the Council that Grover Street be vacated with a 10 foot pedestrian easement placed along the former Grover Street between Sheridan and North Main. Harris seconded the motion. Jarvis asked to amend the last paragraph of Exhibit A and add "a pedestrian easement", rather than adding anything new. Harris and Bingham agreed as well as adding a separate paragraph stating that this pedestrian easement makes the vacation consistent with the Comprehensive Plan for transporation. HISTORIC LANDMARK PRESERVATION ORDINANCE McLaughlin said this Ordinance was provided for the Commissioner's review. It was quickly written and has not even been reviewed by Staff. It has been reviewed by local preservationists. Workshops will be needed. Bingham said there was nothing dealing with demolition by neglect. McLaughlin noted Page 9, (b) (top of the page). Bingham would like to consider removing the word "neglect" under 18.74.040 C, 1. He would like to eliminate C, 2 entirely. McLaughlin pointed to the Boyden House, stating that if it had been retained, it would have been difficult to retain it as it was since it was commercially zoned. Bingham suggested the following wording to avoid a situation that now exists with the Pelton House: "Where a historic landmark has sustained damage but not beyond reasonable repair due to fire, flood, wind, other acts of God or vandalism, the building owner shall, in a timely manner, take whatever steps may be necessary to: 1) prevent any further deterioration from exposure to the elements, and 2) prevent the building from becoming a threat to public safety." ASHLAND PLANNING COMMISSION 5 REGULAR MEETING FEBRUARY 11, 1992 MINUTES THE DRAFT SRC WATER DEMAND SIDE RESOURCE STUDY SUMMARY March 1992 Background The Ashland City Council was presented the results of the Draft Water Demand Side Resource Study by Synergic Resource Corporation in a work session on February 11, 1992.. The Council felt that the citizens of Ashland should have an opportunity to provide input during a public hearing on the proposed plan before it was adopted as official City policy. Since the plan is quite lengthy and somewhat technical, they felt there was a need for a summary of both the Ashland Water Supply situation and the contents of the draft SRC plan. This summary is a result of the Council's request. Introduction The City of Ashland is planning the future of our water system to ensure that citizens will have an adequate amount of good quality water in the years to come. The process was started in 1989 with the R.W. Beck Water Supply Report. This report was completed in May 1989 and on page 1-4, it states "that Reeder.Reservoir and TID water will meet supply needs until about 1996.° This was based on a 98% reliability factor (which means low water years and water rationing only one every 50 years), a high water demand growth factor, and no water conservation programs. This report also suggests the two best alternatives for a new supply are a new dam in the Ashland Watershed on the west fork of Ashland Creek or a 13 mile pipeline to the Rogue River. Projected cost of Winburn dam was $11.0 million, while the pipeline was estimated at $7.7 million. The best way to put into perspective the cost of these alternatives is to compare them with the present cost of water. Currently, residents pay $.88/100 cubic feet of water. Cost of water from the Winburn dam would be at least $2.80/100 cubic feet. The R.W. Beck report did not consider water conservation but only looked at increasing water supply. The critical time for Ashland's water supply system is the late summer months, particularly that period after the Talent Irrigation District water season ends and before the fall rains begin. Either additional water supply or increased water use efficiency (i.e. water conservation) can provide more water during this period. Looking at the costs of the proposed new supply alternatives, many people felt it would be very prudent to look at water conservation before any final decisions were made concerning a second source of water by the City Council. In July of 1990, money was allocated to retain a consultant to do just this. A competitive request for proposal was completed and sent to west coast consultants. The firm of Synergic Resources Corporation of Seattle was selected to complete this study. I , 1 The SRC Draft Report The draft report from SRC was delivered to the City in July 1991. It is very important at this point to define water conservation and distinguish it from water rationing. Water conservation, or more precisely, water use efficiency, achieves equal or better levels of service by getting more from less water.. Water rationing involves stop gap measures which are used during severe water shortage periods. Storm windows are an energy conservation measure which allows equal or better comfort while using less energy to heat the home because heat loss is reduced through the windows. A water conservation measure would be a low flush toilet which uses less than 1.6 gallons of water per flush to accomplish the same task as a conventional toilet which might use up to five gallons per flush. The City Council felt it was very important to have citizen input throughout development and adoption of any water conservation plan or programs. Therefore, upon receipt of the draft report, the Mayor, with approval by the City Council, appointed a Citizen Water Conservation Advisory Committee to work with Staff to go over the report in detail and make a recommendation to the City Council. The Water Conservation Advisory Committee, which is composed of 12 citizen members, met five times over the period of September to December, 1991. At these meetings, the report was reviewed in detail, page by page, and a number of changes were suggested. All of these changes were minor in nature and helped make the report easier to understand. None of the changes were substantive or affected any of the report's conclusions or recommendations. The report has identified a number of water conservation activities which could save a significant amount of water. The report studied eleven conservation programs and recommended the following for implementation. These are: 1) a system leak detection and repair program; 2) seasonal water rates; 3) showerhead retrofit program; 4) a toilet retrofit rebate program; 5) a large customer audit program; 6) Water conserving landscaping regulation for new commercial developments; and 7) water conservation density, bonuses for new residential development. These activities could supply the City with an additional half a million gallons of water a day at costs much lower than any new water supply option. Some of the proposed programs actually supply water at costs lower than current water rates. If this report is adopted by the City Council and subsequently implemented, it would mean that residential customers would be able to receive free water audits of their homes. During these audits; customers would receive free water conserving showerheads, dual flush toilet retrofit devices and a landscape water analysis with water scheduling recommendations. Also, customers who want to replace toilets with new 1.6 gallons/flush water conserving toilets would be able to receive a $75 cash rebate from the City. 2 Successful implementation of these programs results in the following conclusion from the study, which states "using conservation and assuming a risk of low water for two years out of 100 allows new supply to be delayed to about 2021, and allowing higher risk of shortfall pushes the horizon for new supply out even further." Water conservation will result in many benefits to the citizens of Ashland. It can reduce water consumption while still maintaining the same high standard of living. It has proven to be successful in other areas (especially California), it is much less costly than new water supply facilities, it will allow us to use a scarce resource in a wise and efficient manner, and it can delay the need for an additional new source of water. For all of these reasons, the report points at conservation as a very viable option in Ashland's water future. Attached to this is the executive summary of the SRC report which outlines the conclusion of the study. 3 EXECUTIVE SUIVIIVI y EXECUTIVE SUMMARY A. BACKGROUND AND OBJECTIVES The purpose of this study is to provide near term strategies for water management planning with regard to efficient use of water through conservation.This study was prepared for the City of Ashland (the City) by Synergic Resources Corporation (SRC) and HDR Engineering. A report prepared for the City in 19891 stated that given the current efficiency level of water use, a new water supply project would be needed in less than ten years. Future water supply projects tend to be increasingly expensive and have environmental impacts on a finite and fragile resource base. Water conservation presents many low cost, flexible choices for reducing water use with almost no environmental impact. The City wishes to look at the effect a water conservation program can have on increasing the efficiency of water use in Ashland, and on issues of the timing of new supply options. The study had three main objectives: • Describe how water is used in Ashland. • Analyze appropriate water conservation programs for the City. • Examine Unaccounted-for-Water losses in the system. This study is designed to focus discussion on the direction of water resources management, and should be used as a flexible guide to future programs. Periodic review and revision of this study will be necessary as.the water use and water supply situation in Ashland changes. 'Water Supply Report, Prepared for the City of Ashlan 1989. d by R.W. Beck and Associates, S-1 • Toilet Retrofit: Reduce household water usage by providing a purchase rebate or purchase and installation rebate ultra-low flush toilets. • Acquisition of Water Rights: Investigate extending the City's access to Talent Irrigation District (TID) water to relieve the _municipal water systems's summertime residential irrigation load. Summary Program Savings and Costs Avg. Annual Savings and Levelized Costs Avg.Savings(MGD) ® Levelized Cost$/ccf ' Leak Detection Summer Rates Showerhead Retro. Toilet ReVOft Plumbing Codes Education/Info. Large Audit Density Bonus ' Landscaping Regs. Add'I Water Rights 0 0.5 1 1.5 2 2.5 3 3.5 Program Savings on stand MGD and$/ccf-alone basis. - Soorce: Synerpic Resources Corporation Figure S-1 Summary Program Savings and Costs Figure S-1 provides a summary of the annual average water savings in million gallons per da MGD p y (MGD), and costs (in dollars per hundred cubic feet. ccf) on a levelized basis. S-3 �r?fIJ These programs provide reliable, cost-effective savings, that are generally long- lasting. This program package can be implemented for a levelized cost well below the cost of new supply (and in some cases, lower than the cost of current supply), with most of the savings available at less than $0.40 to $0.60 per ccf (based on the program design assumptions used in the model). The cost of toilet retrofit programs is somewhat big her than some other options, both in terms of levelized cost and in terms of out-of-pocket costs. However, programs of this type tend to achieve very reliable savings, with very long-term benefits for the system. This.City will want to review timing options for these various programs. All the savings are estimated to cost less than $1.81 per ccf, which is still significantly below the estimated cost of new supply (i.e., $2.80 per ccf). Of particular importance are efforts to reduce leaks. These efforts can likely achieve very significant reductions in water loss, with relatively low levelized costs. In addition to the several water system improvements already done by the City to reduce the quantity of Unaccounted-for-Water, several other improvements may be warranted: • Obtain cost proposals for a leak detection survey and set aside a budget for this work. Alternatively, contract for leak detection only on aging pipes not scheduled for replacement. The level of further leak detection can be decided on the basis of this pilot program. • Prioritize and implement steps to correct leaks identified in the leak detection survey. • Continue to reduce system water pressure by increasing the number of pressure zones in the City. • Calibrate water treatment plant flow meters annually. • Set up a testing program for meters that are larger than one inch. • Continue annual random checking of smaller meters. • Continue to keep track of municipal water use quantities. Information Programs Information programs are actually very necessary programs. In this analysis, they are considered essential to be used in tandem with the implementation of any new conservation programs.. However, separating the savings to be accrued to only the educational effort from the savings actually derived from the implementation of the measure that was implemented (yet learned of from the information campaign) is difficult. This analysis generally attributes the savings to the specific measure or program installed, and only attributes minimal savings separately to education effort. However,information/education programs are considered essential to the successful implementation of any conservation plan. Water Rights With the very large size of the possible water savings available from acquiring additional water right, this is one avenue that should be explored by the City. Before the potential for this as a real resource can be assessed, a significant amount of work will need to be done on legal and other issues, and those activities should be started on a preliminary basis. Additional Benefits Because the City also operates the electric utility and the wastewater treatment plant, the City receives additional benefits of energy savings and savings in treatment costs. That is, the proposed water conservation programs reduce the amount of electric energy required for heating water by 1.41 megawatt hours and can .reduce the amount of wastewater treatment needed by .12 million gallons per day. These resultant energy and wastewater conservation savings can delay the need for new capacity in these other utilities as well. Ashland Water Supply and Demand 1991-2026 FMGD 6 Base Forecast 90%Reliability Nppor Sound 05%C lf-4—u lnlervaq - 5 — 95%Reliability 98%Reliability —- — — — - 4 Forecast with 9 Conservation I - - Supply Nae000 for 1 sappy s Sex Supply Nestled for Reliability 98%Reliad7iry 95%Reliiabiliiry (Base Foreml) (Base Fore oasf (Fore lwf . 0 � r � � , � ) Canservauon) i i r r i 'r r r r 1991 1996 2001 2006 2011 Source:For Supply, 1989 Supply Report; 2016 2021 2026 For Conservation, Synergic Resources Corp. Figure S-2 Impacts of Conservation on Supply Needs i S-9 ?�� CITY OF ASHLAND : , CITY HALL ASHLAND,OREGON 97520 • . telephone(Code 503)402-3211 _ NEWS RELEASE The Ashland City Council will hold a public hearing 'at its regular meeting on April 7, 1992 at 7:30 p.m. . The purpose of this hearing is to gather public input on the Draft Water Conservation Study completed for the City by Synergic Resource Corporation. This report investigated various water conservation activities and evaluated their feasibility and cost. Summaries of the report are available at the Conservation Division of the Community Development Department at City Hall on the Plaza in Downtown Ashland. Please call 488-5306 for more information. 1 , Off s'+ck. emaranrtnm March 25, 1992 �4EGO Brian Almquist, City Administrator Steven Hall, Public Works Director✓!/" r v " rum: Systems Development Charges - Public Hearing �ub�ect: ACTION REQUESTED City Council conduct a public hearing on the recommendations for changes in systems development charges as recommended by the Systems Development Charge Review Committee and accepted by the City Council on March 3, 1993 . City Council adopt or modify and adopt the attached ordinance and resolutions. BACKGROUND See attached report for details. All deletie SUMMARY OF RECOMMENDATIONS 1. Currently, SDC's are triggered only by building permit applications. The proposed ordinance expands the application of SDC's to any planning action or change in occupancy that will increase demands on any public facility for which SDC's are charged. Ordinance revision allows application of SDC's for increased usage based on planning actions or change in occupancy (Uniform Building Code) . 2. The current formula for computing water and sewer SDC's on the basis of "fixture units" should remain in effect for one year. During that period, the Planning Department should collect data to compare an alternative "building area" basis with the current "fixture unit" basis. At the end of the one year period, the "ad hoc" SDC Committee should reconvene, review data from the Planning Department, and develop further recommendations as appropriate. i I Systems Development Charges - Public Hearing March 25, 1992 page 2 3. Water distribution SDC allocation to existing and new growth was allocated on a combination of buildable area and cost of construction. Previously costs were allocated on an assumed split for growth and capacity of pipe. The change lowers the total water distribution SDC income from $3, 681,:197 to $2,702,725 based on the current capital improvement program. 4. Water supply and distribution reimbursement SDC's shall be applied only to water treatment plant improvements until reviewed by City Administrtor as of July 1, 1994 under City Code Section 4.20.050(E) . Currently, the City may apply reimbursement SDC's to any project within the water system as approved through the budget process. 5. Wastewater reimbursement SDC's shall be applied only to wastewater plant improvements to meet new Oregon Environmental Quality Commission water quality standards. Currently the City may apply reimbursement SDC's to any project within the wastewater system as approved through the budget process. 6. Parks and Recreation fees have been increased for particular application to open space acquisition. The amount of each type of park is set by the Comprehensive Plan. Cost of acquisition of park lands have been increased to better reflect current land value data. A specific review on a parcel by parcel basis will . be completed by the time of the next SDC review in 1993 . This proposal raises the Park SDC's as follows: ------------------------------------------ USE Current SDC Proposed SDC ------------------------------------------ Single Family $ 636.51 $1, 113 . 38 Multi-Family $ 498. 14 $ 871. 34 Tourist Unit $ 637. 05 $1, 141.77 ------------------------------------------ 7. Affordable housing SDC will be forgiven and the second mortgage terminated after 20 years of use in conformance with Ashland's affordable housing regulations. SMH:rm\sD=m.aa Encl: SDC Committee Report Proposed Ordinance Proposed SDC Methodology Resolution Proposed SDC Rate Structure ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 4.20 OF THE ASHLAND MUNICIPAL CODE RELATIVE TO SYSTEMS DEVELOPMENT CHARGES I3: IT1LItrG,_,tY2DINAITCE:.; 3; i. WHEREAS, the 1989 Session of the Oregon Legislature has enacted a new State Law relating to ,system development charges; and WHEREAS, the City's system development charges used after July 1, 1991 must meet certain requirements incorporated in the state law; and WHEREAS, the City of Ashland has undertaken a complete review of its system development charges in order to insure their compliance with state law; and WHEREAS, it is important to the City that costs of growth are equitably and rationally shared by new growth and development activities. NOW. THEREFORE THE CITY OF ASHLAND DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 4 . 20 of the Ashland Municipal Code is hereby amended in its entirety and shall read as follows: "Chapter 4 .20 SYSTEMS DEVELOPMENT CHARGES Sections: 4. 20.010 Definitions 4. 20.020 Purpose 4. 20. 030 Scope 4.20. 040 Systems Development Charge Established 4.20. 050 Methodology 4.20. 060 Compliance with State Law 4.20. 070 Collection of Charge 4 .20. 080 Exemptions 4. 20.085 Deferrals for Affordable Housing 4.20.090 Credits 4 .20. 100 Appeal Procedures 4 .20. 110 Prohibited Connection 4 .20. 120 Enforcement 4.20.010 Definitions. The following words and phrases, as used in Chapter 4 .20 of the Ashland Municipal Code, have the following definitions and meanings: Revised March 25, 1992 A. Capital Improvement(s) . Public facilities or assets used for any of the following: 1. Water supply, treatment and distribution; 2. Sanitary sewers, including collection, transmission and treatment; 3. Storm sewers, including drainage and flood control; 4. Transportation, including but not limited to streets, sidewalks, bike lanes and paths, street lights, traffic signs and signals, street trees, public transportation, vehicle parking, and bridges; or 5. Parks and recreation, including but not limited to mini- neighborhood parks, neighborhood parks, community parks, public open space and trail systems, buildings, courts, fields and other like facilities. B. Development. As used in Sections 4. 20. 020 through 4 .20. 090 means constructing or enlarging a building or adding facilities, or making a physical change in the use of a structure or land, which increases the usage of any capital improvements or which will contribute to the need for additional or enlarged capital improvements. C. Public Improvement Charge. A fee for costs associated with capital improvements to be constructed after the effective date of this ordinance. This term shall have the same meaning as the term "improvement fee" as used in ORS 223. 297 through 223 . 314. D. Qualified Public Improvements. A capital improvement that is required as a condition of development approval; and is identified in the plan adopted pursuant to Subsection 2 . 20. 060B. However, it does not include improvements sized or established to meet only the demands created by a development. E. Reimbursement Fee. A fee for costs associated with capital improvements constructed or under construction on the date the fee is adopted pursuant to Section 4 .20. 040. F. Systems Development Charge. A reimbursement fee, a public improvement charge or a combination thereof assessed or collected at any of the times specified in Section 4.20.070. It shall not include connection or hook-up fees for sanitary sewers, storm drains or water lines, since such fees are designed by the City only to reimburse the City for the costs for such connections. Nor shall the SDC include costs for capital improvements which by City policy and State statute are paid for by assessments or fees in lieu of assessments for projects of special benefit to a property. Revised March 25, 1992 4 . 20. 020 Purpose. The purpose of the systems development charge (SDC) is to impose an equitable share of the public costs of capital improvements upon those developments that create the need for or increase the demands on capital improvements. 4. 20. 030 Scope. The systems development charge imposed by Chapter 4.20 is separate from and in addition to any applicable tax, assessment, charge, fee in lieu of assessment, or fee otherwise provided by law or imposed as a condition .of development. A systems development charge is to be considered in the nature of a charge for service rendered or facilities made available, or a charge for future services to be rendered on facilities to be made available in the future. 4 20.040 Systems Development Charge Established. A. Unless otherwise exempted by the provisions of this Chapter or other local or state law, a systems development charge is hereby imposed upon all development within the City; and all development outside the boundary of the city that connects to or otherwise uses the sanitary sewer system, storm drainage system or water system of the City. The City Administrator is authorized to make interpretations of this Section, subject to appeal to the City Council. B. Systems development charges for each type of capital improvement may be created through application of the methodologies described in Section 4. 20. 050 of this code. The amounts of each system development charge shall be adopted initially by Council resolution following a public hearing. Changes in the amounts shall also be adopted by resolution following a public hearing, except changes resulting solely from inflationary cost impacts. Inflationary cost impacts shall be measured and calculated each January by the City Administrator and charged accordingly. Such calculations will be based upon changes in the Engineering News Record Construction index (ENR Index) for Seattle, Washington. 4 . 20. 050 Methodology. A. The methodology used to establish a reimbursement fee shall consider the cost of. then-existing facilities, prior contributions by then-existing users, the value of unused capacity, rate-making principles employed to finance publicly-owned capital improvements, and other relevant factors. The methodology shall promote the objective that future systems users shall contribute an equitable share of the cost of then- existing facilities. Revised March 25, 1992 B. The methodology used to establish the public improvement charge shall consider the cost of projected capital improvements needed to increase the capacity of the systems to which the fee is related and shall provide for a credit against the public improvement charge for the construction of any qualified public improvement. C. The methodology shall also provide for a credit as authorized in Subsection 4 .20.090. D. Except when authorized in the methodology adopted under Subsection 4.20.050A, the fees required by this Code which are assessed or collected. as part of a local improvement district. or a charge in lieu of a local improvement district assessment, or the cost of complying with requirements or conditions imposed by a land use decision are separate from and in addition to the systems development charge and shall not be used as a credit against such charge. E. The methodologies used to establish the systems development charge shall be adopted by resolution of the Council following a public hearing. The specific systems development charge may be adopted and amended concurrent with the establishment or revision of the systems development charge methodology. The City Administrator shall review the methodologies established under this section every three (3) years, and shall recommend amendments, if and as needed, to the Council for its action. F. The formulas and calculations used to compute specific systems development charges are based upon averages and typical conditions. Whenever the. impact of individual developments present special or unique situations such that the calculated fee is grossly disproportionate to the actual impact of the , development, alternative fee calculations may be approved or required by the. City Administrator under administrative procedures prescribed by the City Council. All data submitted to support alternate calculations under this provision shall be site specific. Major or unique developments may require special analyses to determine alternatives to the standard methodology. G. When an appeal is filed challenging the methodology adopted by the City Council, the City Administrator shall prepare a written report and recommendation within twenty (20) working days of receipt for presentation to the Council at its next regular meeting. The council shall by resolution, approve, modify or reject the report and recommendation of the City Administrator, or may adopt a revised methodology by resolution, if required. Any legal action contesting the City Council 's decision in the appeal shall be filed within sixty (60) days of the Council ' s decision. Revised March 25, 1992 4 20 060 Compliance with State Law. A. The revenues received from the systems development charges shall be budgeted and expended as provided by state law. Such revenues and expenditures shall be accounted for as required by state law. Their reporting shall be included in the City's Comprehensive Annual Financial Report required by ORS Chapter 294 . B. The capital improvement plan required by state law as the basis for expending the public improvement charge component of systems development charge revenues shall be the Ashland Capital Improvements Plan (CIP) , and the CIP of any other governmental entity with which the City has a cooperative agreement for the financing of commonly-used public improvements by the collection of systems development charges, provided the plan .is based on methodologies conforming with State Law and is consistent with the City's CIP and the City's Comprehensive Plan. 4 20 070 Collection of Charge. A. The systems development charge is payable upon, and as a condition of, issuance §§&ONX of 1. A building or plumbing permit for a development; or 2 . A permit for a development not requiring the issuance of a building permit; or 3 . A permit or other authorization to connect to the water, sanitary sewer or storm drainage systems aaannngct�©n or .change i ©ccupancy (a.s defane�3: an 4 8t��ldnxGGI4'} l$ 1 W 371c7CE �tS� t2t4 d�'�ti2llldS pTi::_d !]' �tklac fa�i`i�t�`. for wHYCh systems .` evelagare3�t �harges: are eh�zged., B. If development is commenced or connection is made to the water system, sanitary sewer system or storm sewer system without an appropriate permit, the systems development charge i$ immediately payable upon the earliest date that a permit was required, and it will be unlawful for anyone to continue with the construction or use constituting a development until the charge has been paid or payment secured to the satisfaction of the City Administrator. C. Any and all persons causing a development or making application for the needed permit, or otherwise responsible for the development, are jointly and severally obligated to pay the charge, and the City Administrator may collect the said charge from any of them. The City Administrator or his/her designee shall not issue any permit or allow connections described in Subsection 4 .20. 070A until the charge has been paid in full or until an adequate secured arrangement for its payment has been made; within the limits prescribed by resolution of the City Council. . Revised March 25, 1992 D. A systems development charge shall be paid in cash when due, or in lieu thereof, the City Administrator may accept the delivery of a written agreement to pay if the written agreement is secured by collateral satisfactory to the City Administrator or his/her designee. The collateral may consist of mortgage or trust deeds of real property, or an agreement secured by surety bond issued by a corporation licensed by a State law to give such undertakings, or by cash deposit, letter of credit, or other like security acceptable to the City Administrator. E. A person may apply to pay the systems development charge in installments to the extent provided by State Law. F. During the first year after the adoption of this chapter, the charges shall not exceed one-third (1/3) of the amount prescribed by the methodology; during the second year the charges shall not exceed two-thirds (2/3) ; and thereafter, the charges shall not exceed the amount prescribed by the resolution adopting the methodology. 4 20 080 Exemptions. The conditions under which all or part of the systems development charges imposed in Section 4 .20. 040 may be waived are as follows: A. Any development for which a water or sewer systems development charge was paid and which had a subdivision agreement approved prior to the date of the adoption of this ordinance is exempt from systems development charges if the development occurs within three date ef adept-I_- ef this �__e_ a4t ' : SU W, 93 . If the development occurs after said period of three years, the transportation, parks, and storm drainage portions shall be assessed in full, and a credit shall be given for the amount paid, which .shall be applied to the system development charges owed hereunder. . B. Housing for low-income or elderly persons which is exempt from real property taxes under state law. 4 20 085 Deferrals for Affordable Housing. 1 The systems development charge for the development of qualified affordable housing under the City's affordable housing laws, shall be deferred until the transfer of ownership to an ineligible buyer occurs. Said systems development charges shall be secured by a second mortgage acceptable to the City, bearing interest at not less than five (5) percent per annum. Accrued interest and principal shall be due on sale to an ineligible buyer. Revised March 25, 1992 �. �Sk�e systems development charge and second mortgage•-,for tFs'e £1 @vY=ltlp�teTt� Cf �#1,��i.is��'#��t?7.'dRbl,�:;�IL11is�.Tig Sh�l�. te7C'111�#'1A'k4 _ . t�A*ert� (�0) yeairssafte� the assuance�af a certif �ats csf 00 cUj7aJ1Cy" ti'. Rf�llsriglti {SlaTe Ct? lt�ti3ledt3 1114ek Affodable..,hcausirsg re+ zre3nerit dttrang,..the txventy .(2D ;year pe��`ad 4 . 20. 090 Credits. A. When development occurs that gives rise to a system development charge under Section 4.20.040 of this Chapter, the system development charge for the existing use shall be calculated and if it is less than the system development charge for the proposed use, the difference between the system development charge for the existing use and the system development charge for the proposed use shall be the system development charge required under Section 4 .20.040. If the change is use results in the systems development charge for the proposed use being less than the system development charge for the existing use, no system development charge shall be required; however, no refund or credit shall be given. B. The limitations on the use of credits contained in this Subsection shall not apply when credits are otherwise given under Section 4 . 20. 090. A credit shall be given for the cost of a qualified public improvement associated with a development. If a qualified public improvement is located partially on and partially off the parcel of land that is the subject of the approval, the credit shall be given only for the cost of the portion of the improvement not attributable wholly to the development. The credit provided for by this Subsection shall be only for the public improvement charge charged for the type of improvement being constructed and shall not exceed the public improvement charge even if the cost of the capital imprqvement exceeds the applicable public improvement charge. C. Applying the methodology adopted by resolution, the City Administrator shall grant. a credit against the public improvement charge, the reimbursement fee, or both, for a capital improvement constructed as part of the development that reduces the development's demand upon existing capital improvements or the need for future capital improvements or that would otherwise have to be provided at City expense under then-existing Council policies. D. Credits for additions to dedicated park land, or development of planned improvements on dedicated park land, , shall only. be granted by the City Administrator upon recommendation by the Park and Recreation Commission for land or park development projects identified in the Capital Improvement Plan, .referred to in Section 4 .20.060 (B) . Revised March 25, 1992 E. When annexation systems development charges have been paid prior to the effective date of this chapter, a credit shall be given for the systems development charge required hereunder. F. In situations where the amount of credit exceeds the amount of the system development charge, the excess credit is not transferable to another development. It may be transferred to another phase of the original development. G. Credit shall not be transferable from one type of capital improvement to another. 4 20 100 Anneal Procedures. A. As used in this Section "working day" means a day when the general offices of the City are open to transact business with the public. B. A person aggrieved by a decision required or permitted to be made by the City Administrator or his/her designee under Section 4 . 20.010 through 4 . 20.090 or, a person challenging the propriety of an expenditure of systems development charge revenues may appeal the decision or expenditure by filing a written request with the City Recorder for consideration by the City Council. Such appeal shall describe with particularity the decision or the expenditure from which the person appeals and 'shall comply with Subsection D. of this Section. C. An appeal of an expenditure must be filed within two years of the date of alleged improper expenditure. Appeals of any other decision must be filed within 10 working days of the date of the decision. D. The appeal shall state: 1. The name and address of the appellant; 2 . The nature of the determination being appealed; 3 . The reason the determination is incorrect; and 4 . What the correct determination should be. An appellant who fails to file such a statement within the time permitted waives his/her objections, and his/her appeal shall be dismissed. E. Unless the appellant and the City agree to a longer period, an appeal shall be heard within 30 days of the receipt of the written appeal. At least 10 working days prior to the hearing, the City shall mail notice of the time and location thereof to / the appellant. Revised March 25, 1992 F. The City Council shall hear and determine the appeal on the basis of the appellant's written statement and any additional evidence he/she deems appropriate. At the hearing, the appellant may present testimony and oral argument personally or by counsel. The City may present written or oral testimony at this same hearing. The rules of evidence as used by courts of law do not apply. G. The appellant shall carry the burden of proving that the determination being appealed is incorrect and what the correct determination should be. H. The City Council shall render its decision within 15 days after the hearing date and the decision of the Council shall be final. . The decision shall be in writing but written findings shall not be made or required unless the Council in its discretion, elects to make findings for precedential purposes. Any legal action contesting the Council 's decision on the appeal shall be filed within 60 days of the Council ' s decision. 4.20. 110 Prohibited Connection. After the effective date of this chapter, no person may connect any premises for service, or cause the same to be connected, to any sanitary sewer, water system, or storm sewer system of the City unless the appropriate systems development charge has been paid or payment has been secured as provided in this chapter. 4. 20. 120 Enforcement. Any service connected to the City water, sewer or storm sewer system after the effective date of this chapter for which the fee due hereunder has not been paid as required or an adequate secured arrangement for its payment has been made, is subject to termination of service under the City's utility disconnect policy. SECTION 2 . This Ordinance shall become effective at the time prescribed by charter or as soon thereafter as the resolutions adopting methodologies, plans and other required provisions have been adopted; and upon the effective date of this ordinance, and any funds collected pursuant to the previous systems development charges chapter shall be transferred to general capital improvements in the Capital Improvement Fund. Revised March 25, 1992 SECTION 3 . odx�ance„ 3a 3mx ? ldo days after„ t apprva3 caf phisr?�nan , The foregoing ordinance was first read by title only in accordance with Article X, Section 2 (C) of the City Charter on the day of April, 1992, and duly PASSED and ADOPTED this day of April, 1992 . Nan E. Franklin City Recorder SIGNED and APPROVED this day of , 1992. Catherine M. Golden, Mayor Revised March 25, 1992 RESOLUTION NO. 92- A RESOLUTION ADOPTING A METHODOLOGY. USED TO CALCULATE SYSTEMS DEVELOPMENT CHARGES PURSUANT TO CHAPTER 4.20.050 OF THE ASHLAND MUNICIPAL CODE AY . 'RffiETY,TNG ItE80T.lITZON„ 91-Z1. THE MAYOR AND CITY COUNCIL OF THE CITY OF ASHLAND DO RESOLVE AS FOLLOWS: SECTION 1. Chapter 4 , "Methodology" , of the "Report On Systems Development Charges For the City of Ashland, Oregon" authored by Moore Breithaupt & Associates of Salem, Oregon, attached to this Resolution as Exhibit "A” is adopted as the methodology for calculating Systems Development Charges with the following amendments: A. All water and sanitary sewer reimbursement fee Systems Development Charges will be computed on the actual number of fixture units within the development. Any alterations to a development which adds new fixture units will require an additional Systems Development Charge to be made. Fixture units shall be calculated from the table included in the resolution adopting systems development charges which will be based upon the Uniform Plumbing Code fixture units. B. All water and sanitary sewer improvement charge Systems Development Charges will be computed as in Section A. C. '.<5chedule . ExYbit "'A" 1S,replaced by E [hibit::i�ga� , SECTION 2 . Three .(3) copies of this Resolution and Exhibit "A" shall be maintained in the office of the City Recorder and shall be available for public inspection during regular business hours. SECTION 3. The Methodology described in Exhibits, "A" and ",S`.`. shall be is amended en er after July in effect when eh ugan approval of this_ resc�Iiztion. " this SECT ON 4.: . ReQluton'< 91 21 ;,is repealed upon 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 April, 1992. Nan E. Franklin, City Recorder SIGNED and APPROVED this day of April, 1992 . Catherine M. Golden, Mayor Encl: Exhibit "A" Ex� bit "C" Revised March 25, 1992 RESOLUTION NO. 92- A RESOLUTION ADOPTING SYSTEMS DEVELOPMENT CHARGES PURSUANT TO CHAPTER 4.20.040 OF THE ASHLAND MIINICIPAL CODE 13f?LE�' t THE MAYOR AND CITY COUNCIL OF THE CITY OF ASHLAND DO RESOLVE AS FOLLOWS: SECTION 1. The "Systems Development Charges Schedule" marked Exhibit "A" and attached to this Resolution is adopted as the systems development charges. SECTION 2. Three (3) copies of this Resolution and Exhibit "A" shall be maintained in the office of the City Recorder and shall be available for public inspection during regular business hours. SECTION 3. The Systems Development Charges described in Exhibit "A" shall be in effect <te .ap� V.K f the h ote resolut},ars• The Engineering News Record initial value is 4801. 41 4_$92 SECTION 4. For purposes of this methodology for water- and sanitary sewer systems development charges, "fixture units" shall be for those units installed and those future units plumbed but not installed. The number of fixture units will be as listed in Exhibit "A" . SECTION S. A review committee composed of two (2) representatives of the homebuilders, two (2) representatives from the public at large, two (2) members of the City Council, and two (2) ex-officio members of the City staff shall be appointed by the Mayor and confirmed by the City Council The committee shall review the ri l#pti C� `Op ?phi Y1e water ane sewer. <'systems development' charges f©r re�ade?1tal adopted hereunder and recommend such changes as they deem necessary to _ , the City, Council by t2e`first Csty,:kCounpsl mFZeting ' .. 3 o9a Notwithstanding the provisions of Section 3 above, if the review o committee has nt made a recommendation to the City Council by ;h zSt f'dt CGtiDS� � 104 t�.YY� l?:.:rm�r 3 -19 71 5 !, the City o readopt the systems Council may, after a public hearing, proceed t development charges adopted hereunder or may change said systems development charges as the City Council deems appropriate. SEC'BI(iN S x water treatment;. shall he .applie�3 to i¢a�er ,tr�:atment,.i3lant ttprovem�nt� �. All ➢��x�tir'sett��ntm�ystts de�t�lapa�ex€'� nha�gs� �t'SI' 4T�St£�:�t'k� treatment shall; be applied tO wastewate _treatment plant ampravemen $. requi��c2to 3neet water standds �`st�bl:�;�h�d bY'. t�?e ��ega Lv�r©nmental, Quality;: Commsss ?ri;.< Revised April 1, 1992 22 A.F �,�i£t&r �lB CS.ty �oune3xl �PProv��. :a ,gres7eCt 'fob a new. stsurce of �ra�e�R a water .supply sys�emsd�vels,�rmen� rharga. w��.1 tae. adap��l af��a' a,.pub23c hQaYinc,�, �.s„held by,_th�. �.ty ��uncl,.. 8. A£t®r tCi� aplsressral of aAY¢ater su�g`l� $yst�ms ,d�N�¢lopmen� -charger: Er=oN s. Rs4?l�xto ; � ^ : �s heaceby xeal� �tpdn tide1ate d apgrva .. af than"resoiuttan.; 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 April, 1992 . Nan E. Franklin, City Recorder SIGNED and APPROVED this day of April, 1992 . Catherine M. Golden, Mayor Encl: Exhibit "A" Revised March 25, 1992 BEFORE THE ASHLAND CITY COUNCIL March 3 , 1992 IN THE MATTER OF PLANNING ACTION #91-140, REQUEST FOR ) A ONE YEAR EXTENSION OF A PREVIOUSLY APPROVED MINOR ) FINDINGS, LAND PARTITION, AND ONE YEAR EXTENSION OF OUTLINE PLAN ) CONCLUSIONS APPROVAL FOR A FIVE LOT SUBDIVISION LOCATED WEST AND ) AND DECISION ADJACENT TO THE CUL-DE-SAC OF IVY LANE. ) APPLICANT: ED HOUGHTON ) RECITALS: 1) Tax lot 5100 of 391E16AD is located at the west end of the cul-de- sac of Ivy Lane and is split-zoned, with portions zoned R-1-10 (single family residential) , and 'RR-. 5P (rural residential, Performance overlay) . 2) The applicant is requesting a one year extension of a previously approved minor land partition and outline plan approval for a five lot subdivision. 3) The criteria for approval of a minor land partition are found in 18.76 and are as follows: A) The future use for urban purposes of the remainder of the tract under the same ownership will not be impeded. B) The development of the remainder of any adjoining land or access thereto will not be impeded. C) The tract of land has not been partitioned for 12 months. D) The partitioning is not in conflict with any law, ordinance or resolution applicable to the land. E) The partitioning is in accordance with the design and streets standards contained in the chapter on subdivisions. F) When there exists adequate public facilities, or proof that such facilities can be provided, as determined by the Public Works Director and specified by City documents, for water, sanitary sewers, storm sewer, and electricity. G) When there exists a 20-ft. wide access along the entire street frontage of the parcel to the nearest fully improved collector or arterial street, as designated in the Comprehensive Plan. Access to be improved with an asphaltic concrete pavement designed for the use of the proposed street. , The minimum width of the street shall be 20 feet with 1 all work done under permit of the Public Works Department. 1) The Public Works Director may allow an unpaved street for access for a minor land partition when all of the following conditions exist: a) The unpaved street is at least 20' wide to the nearest fully improved collector or arterial street. . b) The centerline grade on any portion of the unpaved street does not exceed 10%. 2) Should the partition be on an unpaved street and paving is not required, the applicant shall legally agree to participate in the costs and to waive the rights, of the owner of the subject property to remonstrate both with respect to the owners agreeing to participate in the costs of full street improvements and to not remonstrate to the formation of a local improvement district to cover such improvements and costs thereof. Full street improvements shall include paving, curb, gutter, sidewalks and the undergrounding of utilities. This requirement shall be precedent to the signing of the final survey plat, and if the owner declines to so agree, then the application shall be denied. The criteria for approval of an outline plan for a subdivision under the Performance Standards option are found in 18 . 88 and are as follows: a) That the development meets all applicable ordinance requirements of the City of Ashland. b) That adequate key City facilities can be provided including water, sewer, paved access to and through the development, electricity, urban storm drainage, police and fire protection and adequate transportation; and that the development will not cause a City facility to operate beyond capacity. c) That the existing and natural features of the land; such as wetlands, floodplain corridors, ponds, large trees, rock outcroppings, etc. , have been identified in the plan of the development and / significant features have been included in the open space, common areas, and unbuildable areas. d) That the development of the land will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan. e) That there are adequate provisions for the maintenance of open space and common areas, if required or provided, and that if developments are done in phases that the early phases have the same or higher ratio of amenities as proposed in the entire project. f) That the proposed density meets the base and bonus density standards established under this Chapter. 2 4) The Planning Commission, following proper public notice, held Public Hearings on November 12, 1991 and on December 10, 1991, at which time testimony was received and exhibits were presented. The Planning Commission approved the application as presented subject to conditions pertaining to the appropriate development of the site at the January 14, 1992 meeting. 5) The City Council, following an appeal of the Planning Commission's approval, held a public hearing on March 3 , 1992, following proper public notice. The hearing was conducted de novo, and all records previously entered at the Planning Commission level were entered at the . City Council hearing. Additional testimony and exhibits were received during this hearing. The City Council approved the application as presented, 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 110" Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M" 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 for a minor land partition is supported by evidence contained in the whole record and the Council finds specifically as follows: 18 . 76. 050 A. The design of the minor land partition allows for the future development of the parcel as a 5 lots subdivision, thereby not impeding future use for urban purposes. 18.76. 050 B. The development of the remainder of the property will include the construction of a new public street, thereby providing access to adjoining land, and not impeding its development. 3 18.76. 050 C. The land -has not been partitioned since 1977 , and therefore has not been partitioned for 12 months. 18 . 76 . 050 D. The design of the lot is not in conflict with any ordinances, and no variances are necessary for the partitioning of the property. 18.76. 050 E. The lots created by the partition all abut and access onto fully dedicated public streets as required by the subdivision ordinance. 18 .76 . 050 F. The application has been reviewed by the different departments of the City of Ashland. With the conditions attached, adequate public facilities can and will be provided to this location. 18.76. 050 G. Ivy Lane provides access to the property. Ivy is a fully improved City street with curb, gutter and paving. The street is in excess of 20 ' in width for the entire frontage of the property. 2 . 3 The City Council finds that the request for a one year extension of Outline Plan approval is supported by evidence in the , whole record. The Council specifically finds as follows: The Council finds that the evidence submitted at the original hearing in 1989 still complies with the criteria for approval of an outline plan, and hereby adopts the findings of that previous decision by reference here. Further, the Council finds that the density proposed is in conformance with the revised densities for the RR-.5 zone, adopted subsequent to the original outline plan approval. 2 .4 Regarding Resolution 91-39 adopted by the City Council on October 21, 1991, the Council finds that it does not apply to this application since alternate transportation routes of less than 18% grade exist from Siskiyou Boulevard to this property, and these alternate routes do have the capacity to provide City services to the property. SECTION 3 . DECISION 3 . 1 Based on the record of the Public Hearing on this matter, the City Council concludes that the request for a one year of extension of both a minor land partition and outline plan for a five lot subdivision are 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 #91-140. Further, if any one or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #91-140 4 is denied. The following are the conditions and they are attached to the approval: 1) That all proposals of the applicant be conditions of approval unless otherwise modified here. 2) That all development occur as proposed on the approved plans, with any substantial modifications of building envelope size, street design, erosion control plans, fire preventions plans, etc. . . associated with the development requiring a separate planning action to assess the changes proposed. 3) That all conditions of the original outline plan approval (PA89- 078) shall still apply to this approval, with the exception of Condition 13 , which is deleted and replaced by Condition 7 below. 4) That all conditions of the original minor land partition approval (PA90-191) shall still apply to this approval. 5) That a Fire Prevention and Control Plan be developed in accord with revisions outlined in 18 . 68. 090 of the Land Use Ordinance and submitted as part of the Final Plan application for the 5-lot subdivision. 6) That all pump station improvements to increase fire flows at the fire hydrant at the Ivy Lane cul-de-sac be completed prior to the issuance of a building permit for a residence on the lot created by the minor land partition. Fire flows at the hydrant to be certified as meeting minimum Fire Code requirements by the Fire Marshall and forwarded to the Planning Department. All improvements to be done under approvals of the Public Works Department. 7) That all residences in the subdivision be constructed in conformance with the Conservation Housing Requirements outlined in the revised Performance Standards Guidelines. Such construction measures required to achieve the 15% density bonus required for the development. 8) That all residences in the subdivision and on the minor -land partitioned lot have residential sprinkler systems for fire protection. Such residential sprinkler systems to be indicated on the building plans and approved prior to issuance of the building permit. 9) That a pedestrian access easement, 6 ' in width, be provided and indicated on the survey plat north of the proposed street and between lots 4 and 5 to the north property line of the development. No improvements are required of the easement at this time. 10) That the applicant or future owners purchase and install a new backup pumping system for the water supply system for this area. Such system to be installed and approved prior to the signature of the final survey plat by the City of Ashland. All work to be coordinated with the Ashland Public Works Department and Ashland Fire Department. 5 11) That the boundary line adjustment proposed between the applicant's property and the neighboring property to the east be completed prior -to the application for final plan approval. Catherine M. Golden Date Mayor Nan E Franklin Date City Recorder 6 of ASH t , a , memorandum April 3, 1992 �4EGO • - City Council Members ram: Cathy Golden; Mayor �✓ �li�ljEtf: Recommendation for Committee Appointments Please approve the following appointments to City Boards, Commissions and Committees: Airport: Re-appoint Insley, Katzen Band: Re-appoint Belford, Gillette, Kruse, Maddox; Matthews,Wight Bikeway: Re-appoint Heydon and advertise vacancy Building Appeals: Re-appoint Afseth, Boldt, Cipes, Blankholm, Thomson Historic: Re-appoint Chambers, Skibby; Appoint Ennis Hospital: Re-appoint Brownfield; Appoint O'Kief, Monninger Planning: Re-appoint Bingham; Appoint Cloer, Armitage Senior Program: Re-appoint Kocmieroski, Monroe Sister City: Re-appoint Ferrer, Jones, Rubinyi-Anderson, Reynolds, Tapp Kocks, Van Ausdall; Appoint Barlaz, Chambers Street Tree: Appoint Holman; Advertise two vacancies Traffic Safety: Re-appoint Schumacher, Sims sfifana�.�lnu,er cSfivp - �c green louses, Inc. 180 Fort .lain Street • 87 West Nevada Streel 482 34R7 482-2866 Asbknd, Oregon 97520 March 31 , 1992 To: Mayor Golden and City Council Members From: Greg Williams RE: Committee Appointments As stated in my list of recommendations , dated March 13 , 1992 I feel very strongly about the Hospital appointments . I am vary disappointed that Mr. lioffbuhr is not recommended by the Mayor . I am also disappointed that Mr . Barris is noL being rer_nmmpnded for reappointment to the Planning Commission . As it stands nn*.,, I will vote against these appointments . sJ21cznrd 91ow er 612 op "reenAouses, .-7ne. 190 F.ost Alain Street • 87 West Nevada Streel 4823481 482.2866 Ashland, Oregon 97320 March 13, 1992 Cathy, My recommendations to you on committee appointments are as follows : Airport : Both Insley and Katzen were harding working members when I was a member, and I believe that Lhey 5710u1d be reapponted . Band : No Comment P.ikeway : I am very concerned that we do not have any appiluents. I am extremely concerned that Pees Jones in not interested , Loo bad . Building Appeals : No Comment Historic : Steve Ennis , C1lamberie and Skibby Hospital : Hoffbuhr, Allan Adams and Beth Monninger Planning: Bingham, Hdrris and Hal Cloer Sister City: No comments Senior Program: reappoinL Kocmierouki and Monroe Street Tree: Rob Holman and anyone else we can get . Traffic Safety: Sims and Schumacher should be reappointed . A Note about Hospital , while I feel Lhat Mr . Greene has done an excellant job, as well as Mr . Brownfield , I feel that it is time for . them to be on the "side lines" awhile. I feel very strongly that Wait Hoffbuhr should be reappointed after his year on the "side lines" . I know that Allan Adams and Beth Monninger would be excellent members, both bringing new and differenL perspectives to the Board . I feel that this Doards appointments are very important, and these three would ILhe best choices Ve V :0d seVE ESP E0S 'ON 3NOHd SH2JU'80IAHSC WOdJ City Attorney City of Ashland (503) 482-3211 , ext. 20 MEMORANDUM April 3, 1992 To: Mayor and City Council From: Paul Nolte Re: Draft lease for Mt. Ashland This draft substantially follows the Shakespeare lease and incorporates the matters described in paragraph 5.1 of the agreement with MASA (these matters were required by the council): 5.1. "* * * MASA shall be obligated to pay to the City the sum of $1.00 per year as consideration for the lease of the Ski Area Assets. The following matters shall also be addressed in the lease: (a) Provision must be made as to lessee's compliance with.environmental laws as well as the underlying obligations of the Forest Service Special Use Permit. (See paragraph 13 of the lease for environmental laws and paragraph 2.2 of the lease for special use permit obligations.) (b) It must be recognized that all property including equipment, furniture, structures and fixtures are leased"as is" with no warranties. (See paragraph 2.3.1.) (c) The fire and casualty provisions will have to be broader to include ski area hazards. (Ski operators coverage added to paragraph 10.) (d) The liability insurance provisions must be increased to the tort claim limits. (Paragraph 10) (e) The City will not supply irrigation water as provided in paragraph 8,of the Shakespeare lease. (Deleted from paragraph 8.) (f) There must be a requirement in the lease to maintain and replace the property to the extent that the value remains at a level to insure sufficient assets are available in case of closure and its consequent structure removal and site restoration. (See Paragraph 7.1.) . (g) Issues addressing auditing costs of the City shall also be addressed. (See paragraphs 7.1.3 and 12.1.) (p:daily\skiash\mass-cc.mem) D R A F T (April 3, 1992) MT. ASHLAND SKI AREA LEASE Lease agreement made April _, 1992, between the City of Ashland ("Lessor") and Mt. Ashland Ski Area, Inc., an Oregon not-for-profit corporation ("Lessee"). In consideration of the mutual promises set forth herein, the Lessor and Lessee agree as follows: 1. Term. The initial term of this Lease shall begin April 6, 1992 and shall terminate on June 30, 2017. At any time on or before June 30, 2017, Lessee shall have the right, if the Lease has not theretofore been terminated by either party and if Lessee is not then in default with respect to any obligation under this Agreement, to notify Lessor in writing that the term of the Lease shall be extended for an additional twenty-five (25) years, until June 30, 2042, in which case the Lease term shall be so extended. Notwithstanding the two preceding sentences, Lessee's leasehold rights under this Agreement shall terminate upon the expiration or other termination of Lessor's rights under the Permit. 2. Definitions: Description of Leased Property: Permit: and Lease Agreement. 2.1. Definitions: Description of Leased Property. As used in this Agreement, the following terms shall have the indicated meanings: 2.1.1. "Permit" shall mean and refer to that certain United States Department of Agriculture Forest Service Special Use Permit which is attached to this Agreement as Exhibit "A", and any subsequent permit which may be issued as a replacement or renewal of the permit attached hereto as Exhibit "A". 2.1.2. "Permit Property" shall mean and refer to that certain real property located on Mt. Ashland, in Jackson County, Oregon which is described in and is subject to the Permit, together with all improvements owned by Lessor and now or hereafter constructed or existing thereon. 2.1.3. "Equipment" shall mean and refer to all personal property, fixtures, furnishings, inventory and items of equipment owned by Lessor which are now attached to or located on or about the Permit Property, including but not,limited to the items of personal property identified on Exhibit "B" attached hereto. As soon as practicable after the execution of this Agreement, Lessor and Lessee shall cause to be taken a physical inventory of all personal property, fixtures, furnishings, inventory and items of equipment owned by Lessor which are now attached to or located on or about the Permit Property, and shall amend Exhibit "B" to conform with that physical inventory, it being the intention of the parties that this Agreement apply only to those items of personal property verified by the physical inventory and listed on Exhibit "B" as so amended. PAGE 1-MT. ASHLAND SKI AREA LEASE (p:daiiy\skiash\masa4-3.1se) D R A F T (April 3, 1992) 2.1.4. "Leased Property" shall mean and refer to the Permit Property and the Equipment. 2.1.5. "Index" shall refer to the following index published by the Bureau of Labor Statistics of the United States Department of Labor: Consumer Price Index, All Urban Consumers (CPI-U), U.S. City Average, CPI--AII Items ("standard reference base period" 1982-84 = 100). "Base CPI Index Figure" shall refer to the Index number indicated for the month of January, 1992, and the "CPI Index Figure" for any other month shall refer to the Index number for that month. If the "Index" is no longer being published as of a particular date, then the "CPI Index Figure" for that date shall be the figure reported in the U.S. Department of Labor's most recent comprehensive official index then in use and most nearly answering the description of the Index (or, if the U.S. Department of Labor is not then publishing any such similar index, shall be determined under another comparable, authoritative, generally recognized index to be selected by mutual agreement of Lessor and Lessee). If the Index is calculated from a base different from the base 1982-84 = 100, then the figures to be used in calculating any adjustment mandated under this Agreement first shall be converted (if possible, under a formula supplied by the Bureau of Labor Statistics of the U.S. Department of Labor) to account for that difference. 2.1.6. For purposes of this Agreement, the "Minimum Liquidation Value" for the Leased Property with respect to any particular calendar year shall be determined as follows: 2.1.6.1. With respect to the 1992 calendar year, the "Minimum Liquidation Value" shall be $275,000.00 or such other amount as ultimately determined as the cost of the preferred alternative resulting from current environmental assessment process for the Mt. Ashland Ski Area Restoration. 2.1.6.2. With respect to the 1993 calendar year and each subsequent calendar year throughout the Lease term, the "Minimum Liquidation Value" for a particular calendar year shall be determined by multiplying $275,000.00, or such other amount as determined in subparagraph 2.1.6.1, by a fraction, the numerator of which is the CPI Index Figure for the month of January of that subject calendar year, and the denominator of which is the Base CPI Index Figure. To illustrate the preceding sentence, the "Minimum Liquidation Value" for the 1998 calendar year will be equal to the product determined by multiplying $275,000.00, or such other amount as determined in subparagraph 2.1.6.1, by a fraction, the numerator of which is the CPI Index Figure for the month of January, 1998, and the denominator of which is the Base CPI Index Figure. 2.1.6.3. Notwithstanding the provisions of subparagraph 2.1.6.2, the Minimum Liquidation Value of the Leased Property shall never decrease, regardless of any decline in the Index. PAGE 2-MT. ASHLAND SKI AREA LEASE (p:da11y\sklash\masa4-3.lse) D R A F T (April 3, 1992) 2.1.7. "Ski Area Fund" shall mean and refer to that certain segregated fund maintained by the City of Ashland which is referenced and identified in Paragraph 4.2 of the "Agreement Relating to Acquisition, Ownership and Operation of Mt. Ashland Ski Area" which was entered into between the City of Ashland and the Mt. Ashland Ski Area, Inc. during the month of February, 1992. 2.2. Permit. The terms, covenants, provisions and conditions of the Permit are incorporated into this Lease and Lessee assumes responsibility for payment and performance of all obligations of the City of Ashland under the Permit. Lessee agrees to hold harmless, defend and indemnify Lessor from and against any loss, claim or liability suffered by or asserted against Lessor as a result of Lessee's failure to fully pay and perform the obligations of the Permit. 2.3. Lease Agreement. Lessor hereby leases the Leased Property to Lessee, and Lessee leases the Leased Property from Lessor, subject to all of the terms and conditions contained in this Agreement. 2.3.1. Lessee is thoroughly familiar with the Leased Property and its condition and state of repair, and agrees to take the Leased Property in its present condition, and specifically agrees that all of the Leased Property is in an acceptable condition for the purpose for which leased. Lessor makes no warranty of merchantability or fitness of the Leased Property for any purpose. Neither Lessor nor its agents have made any representations with respect to the Leased Property except as expressly set forth in this Lease, and no rights are acquired by Lessee by implication in fact or in law, or otherwise, except as expressly set forth in this Lease. Taking possession of the Leased Property shall be conclusive evidence that Lessee accepts the Leased Property "as is" and "with any and all faults". 3. Use of Leased Property. Lessee shall have sole and exclusive possession and use of the Leased Property during the entire term of this Lease foe the purpose of constructing, improving, maintaining and operating year-round educational and/or recreational facilities for the benefit of the general public (including but not limited to a ski area and/or winter sports resort). 4. Consideration. Lessee is a not-for-profit corporation, all assets of which will devolve to Lessor in the event of Lessee's dissolution and liquidation. In addition, Lessee has assisted Lessor in obtaining the funds necessary to purchase the Leased Property. Under these circumstances the parties have determined that a lease payment of $1.00 per year is full and adequate consideration for this Lease. 5. Title to Assets. Throughout the entire Lease term the Permit Property and the Equipment shall be and remain the property of the Lessor. 5.1. All buildings, structures, facilities and improvements of whatever kind and nature erected upon or made to the Permit Property by Lessee during the term of this Lease, together with any and all additions or alterations thereto and any permanent PAGE 3-MT. ASHLAND SKI AREA LEASE (p:daiy\skiash\masa4-3.ise) D R A F T (April 3, 1992) fixtures now or hereafter affixed or attached thereto, shall upon termination of this Lease become the property of Lessor. 5.2. Lessor shall not acquire any ownership, title or interest in any machinery, equipment or furnishings hereinafter placed by Lessee in or upon the Permit Property which is not so affixed as to become an integral part of the buildings structures, facilities or improvements located on the Permit Property; provided, however, that if any machinery, equipment or furnishings replaces a portion of the Permit Property or the Equipment or serves a similar function to the Permit Property or the Equipment, or is necessary to preserve the value specified in paragraph 7.1, then such machinery, equipment or furnishings shall become and remain the property of the Lessor. 6. Alterations. Lessee shall have the right to make changes to and alterations of the Leased Property, subject to the following conditions: 6.1. Except as herein provided, Lessee may at Lessee's expense make such alterations, improvements, additions and changes to the Leased Property as it may deem necessary or expedient in the operation of the Leased Property, provided that Lessee, without the written consent of Lessor (which consent shall not be unreasonably withheld) shall not tear down or materially demolish any of the improvements upon the Permit Property or make any material change or alteration in such improvements, which, when completed, would substantially diminish the value or substantially alter the use of the Leased Property. 6.2. At all times when any change or alteration is in progress, there shall be maintained, at Lessee's expense, workers' compensation insurance in accordance with laws covering all persons employed in connection with the change.or alteration, and general liability insurance in accordance with laws covering all persons employed in connection with the change or alteration, and general liability insurance for the mutual benefit of Lessee and Lessor expressly covering the additional hazards due to the change or alteration. 7. Repair and Maintenance. Lessee shall not cause or permit any waste, damage or injury to the Leased Property. Lessee, at its sole expense shall keep the Leased Property as now or hereafter constituted (with all improvements made thereto) clean and in good condition (reasonable wear and tear excepted) and shall make all repairs, including all structural repairs, necessary to maintain the Leased Property. All repairs, replacements, and renewals shall be at least equal in quality of materials and workmanship to that originally existing in the Leased Property. Lessor shall in no event be required to make any repair, alteration, or improvement to the Leased Property. Any fixture, equipment or materials replaced by Lessee shall belong to Lessor, and all proceeds from the disposition thereof shall belong to Lessor. Lessee shall indemnify Lessor against all costs, expenses, liabilities, losses, damages, suits, claims and demands because of Lessee's failure to comply with the requirements of this paragraph 7, and Lessee shall not call upon Lessor for any disbursement or outlay whatsoever in connection therewith, and hereby expressly releases and PAGE 4-MT. ASHLAND SKI AREA LEASE (p:dai1y\skiash\masa4s.1se) D R A F T (April 3, 1992) discharges Lessor of and from all liability therefor. 7.1. Lessee shall perform its obligations for maintenance and repair, shall make improvements to the Permit Property, and shall replace portions of the Equipment, as required to ensure that the actual liquidation value of the Leased Property is not less than the Minimum Liquidation Value of the Leased Property. 7.1.1. Lessee shall not be required under this paragraph 7.1 to replace any portions of the Equipment which are not needed in Lessee's operations, except that this provision shall not operate as a waiver of Lessee's obligation to maintain the actual liquidation value of the Leased Property at a level not less than the Minimum Liquidation Value of the Leased Property. If for any reason the actual liquidation value of the Leased Property declines below the Minimum Liquidation Value of the Leased Property, then Lessee shall deposit into the Ski Area Fund a sum of money ("the Restoration Sum") equal to the difference between the actual liquidation value of the Leased Property and the Minimum Liquidation Value of the Leased Property. The Restoration Sum shall be so deposited within ninety days after delivery to Lessee from Lessor of written demand therefor; provided, however, if Lessee, within thirty days of the Lessor's demand, notifies Lessor that Lessee disputes the Lessor's determination of deficiency, then Lessor shall proceed as provided in paragraph 7.1.3. Except as provided in paragraph 7.1.2., amounts deposited by Lessee into the Ski Area Fund pursuant to this paragraph shall only be used for costs of restoration of the Permit Property as required under the Permit unless otherwise agreed by Lessor and Lessee. 7.1.2. Lessor recognizes that Lessee has no assets with which to operate and maintain the Leased Property during the 1992 and 1993 calendar years, and that Lessee's costs of operating and maintaining the Leaped Property during those years may significantly exceed operational revenues. As consideration for the obligations being assumed by Lessee under this Agreement, Lessor agrees to pay to Lessee, out of the Ski Area Fund, whatever amounts (up to a maximum of $300,000.00) Lessee shall deem reasonably necessary for use in Lessee's operations on the Leased Property during the 1992 and 1993 calendar years. During 1993 and all subsequent years throughout the Lease term, Lessee shall have the right to withdraw from the Ski Area Fund any and all amounts theretofore deposited by the Lessee to the Ski Area Fund pursuant to subparagraph 7.1.1., but only if and to the extent that the sum of the Ski Area Fund (after making that withdrawal) plus the actual liquidation value of the Leased Property exceeds the Minimum Liquidation Value of the Leased Property. 7.1.3. Whenever Lessor reasonably determines that the sum of the actual liquidation value of the Leased Property plus the amounts then held by the City of Ashland in the Ski Area Fund is less than the Minimum Liquidation Value of the Leased Property, Lessor may request an appraisal of the Leased PAGE 5-MT. ASHLAND SKI AREA LEASE (p:dai1y\skiash\masa4-3.1se) D. R A F T (April 3, 1992) Property by an independent qualified appraiser chosen by Lessee from a list of not fewer than three submitted by Lessor in conjunction with the request. If Lessee does not make the choice within five days, Lessor may do so. The appraiser shall have access to all of Lessee's records as necessary for the appraisal and shall take such steps as the appraiser deems necessary to make a competent appraisal. The appraiser shall report to the parties within 30 days after being chosen. The report shall be final and binding upon both parties. The cost of the appraisal shall be borne by the Lessee if the sum of the actual liquidation value of the Leased Property plus the amounts then held by the City of Ashland in the Ski Area Fund is less than 110% of the Minimum Liquidation Value of the Leased Property. Otherwise the cost of the appraisal shall be borne by the Lessor. 8. Utilities. Lessee shall pay all charges for janitorial, garbage removal, gas, electricity, light, heat, power, telephone and domestic water service used, rendered or supplied upon or in connection with the Leased Property. 9. Fire and casualty insurance. Lessee covenants and agrees to keep the Leased Property insured against loss by fire with extended coverage endorsement, including risk of loss resulting from collapse of the structures, lightning, vandalism and malicious mischief. Such insurance policies shall at all times be maintained in force in an amount equal to the full insurable replacement value of the premises and properties insured. It is a condition of payment of such insurance premiums by Lessee that the proceeds of any such insurance shall be applied to the repairing or restoration of the property damaged whether the loss is partial or total. The City of Ashland shall be named as an additional insured on such policies. 10. Liability insurance. Lessee shall procure, and during the term of this Lease shall continue in force, at Lessee's cost, public liability and property damage insurance, including ski operators liability coverage, issued by a responsible company with limits of not less than $500,000 per occurrence (combined single limit for bodily injury and property damage claims) or $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Such limits shall be increased to equal any increased limits resulting from amendments to ORS 30.270. Such insurance shall cover all risks arising directly or indirectly out of Lessee's activities on, or as a result of the condition of, the Leased Property and shall protect Lessor and Lessee against all claims of third persons. Certificates evidencing such insurance and bearing endorsements requiring 30 days written notice to Lessor prior to any change or cancellation shall be furnished to Lessor. It is agreed that the Lessor shall not be liable to any third persons as a result of the use of the Leased Property by the Lessee, its employees or agents, and the Lessee covenants and agrees to save the Lessor harmless from the claims of said third persons by reason of the use of said premises by the Lessee herein. 11. Real property taxes. In the event any property subject to this Lease shall be assessed for property taxes, such taxes shall be paid by the Lessee on or before the PAGE 6-MT. ASHLAND SKI AREA LEASE (p:dai1y\skiash\masa4-3.1se) D R A F T (April 3, 1992) 15th day of November of the taxable year. 12. Default or breach. In the event the Lessee commits any default or breach of any of the terms or conditions of this Agreement and fails or neglects to correct the same within six months after notice thereof by the Lessor, then and in such event, the Lessor shall have the right to immediately expel the Lessee from the Leased Property and declare this Lease terminated. In the event the Lessee fails to operate the Leased Property as a ski area and/or winter recreation resort at any time during a period of twelve consecutive months, except for war, catastrophe, natural causes (including but not limited to lack of sufficient snow for reasonably profitable operations), or other circumstances beyond the control of the Lessee, the Lessor shall have the right to immediately terminate this Lease. 12.1. If Lessee materially breaches any provision of this Lease, then Lessee shall pay to Lessor a reasonable sum to cover legal and administrative costs to enable Lessor to adequately inform itself concerning that breach and to reimburse Lessor for any costs involved in inspections or audits required to ensure Lessee has cured that breach. 13. Lessee Compliance with Environmental Laws. 13.1. Definition of "hazardous material". As used is this paragraph, the term "hazardous material" means any hazardous or toxic substance, material, or waste, including, but not limited to, those substances, materials, and wastes listed in the United States Department of Transportation Hazardous Materials Table (49 C.F.R. § 172.101) or by the United States Environmental Protection Agency as hazardous substances (40 C.F.R. Part 302).and any amendments, ORS 466.567, 466.205, 466.640 and 468.790 and regulations of the Oregon State Department of Environmental Quality, petroleum products and their derivatives, and such ether substances, materials and wastes as become regulated or subject to cleanup authority under any environmental laws. Environmental laws means those laws cited in this subparagraph. 13.2. Lessee's compliance with laws and permits. Lessee shall cause the Leased Property and all operations conducted on the Leased Property (including operations by any subtenants) to comply with all environmental laws. 13.3. Limitation on uses of hazardous materials. Lessee shall not use or allow any agents, contractors or subtenants to use the Leased Property to generate, manufacture, refine, transport, treat, store, handle, recycle, release or dispose of any hazardous materials, other than as reasonably necessary for the operation of Lessee's activities as contemplated under this Agreement. 13.4. Lessor's Rights. Lessor shall have the right to conduct reasonable inspections and investigations of the Leased Property and the operations conducted on the Leased Property at any time and from time to time, and Lessee shall cooperate PAGE 7-MT. ASHLAND SKI AREA LEASE (p:dai1y\skiasn\masa4-3.1se) D R A F T (April 3, 1992) fully with Lessor during such inspections and investigations. 13.5. Indemnification. Lessee agrees to defend (with counsel approved by Lessor), fully indemnity, and hold entirely free and harmless Lessor from and against all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of the Leased Property, damages for the loss or restriction on the use of rentable or usable space or of any amenity of the Leased Property, damages arising from any adverse impact on marketing of space, sums paid in settlement of claims, attorney fees, consultant fees, and expert fees) which arise during or after the lease term and which are imposed on, or paid by or asserted against Lessor by reason or on account of, or in connection with, or arising out of Lessee's generation, manufacture, use, transportation, refinement, treatment, storage, or disposal of hazardous materials, or any release of hazardous materials as a result of Lessee's use or activities, or of Lessee's agents, contractors, or subtenants. Lessee: Lessor: MT. ASHLAND SKI AREA, INC. CITY OF ASHLAND . BY BY Its Mayor Cathy Golden BY BY Its Nan Franklin, City Recorder PAGE 8-MT. ASHLAND SKI AREA LEASE (p:dai1y\skiash\masa4-3.1se) a , Emorttndum March 26, 1992 '•.�4E60�.'• �. Brian Almquist, City Administrator r ram Steven Hall, Public Works Director � Ashland Loop Road LID 7 , ACTION REOIIESTED City Council approve award of project to Mountain View Rock, Inc. in the amount of $57, 948 . BACKGROUND See attached information from Jim Olson, Assistant City Engineer and Paul Nolte, City Attorney. SMH:rm\Eny\AV LW.0. m cc: Mr. Douglas Neuman Jim Olson, Assistant City Engineer John Fregonese, Planning Director Keith Woodley, Fire Chief encl: Olson/Nolte memos llll� March 23 , 1992 •. OyEppe� ,• ,. �{ Brian Almquist, Steve Hall, Jill Turner, Paul Nolte V10. f 1 James H. .Olson, Assistant City Engineer rum. Ashland Loop Road L. I.D. On August 23, 1991, bids for the 199 Street Improvement Project containing schedules for Ashland Loop Road and for Lori Lane were received. While the bid. for Lori Lane was within acceptable limits,. the bid for Ashland Loop Road was far 'above our estimate. At the request of Doug Neuman, who comprises. 100% of the assessment district, Ashland Loop Road was deleted from the contract and Lori Lane was awarded to the low and only bidder. Mr. Neuman has attempted to solicit bids for the project as a private developer with the thought of improving the street outside of the L. I.D. process. Contact has been made with the following firms: 1. Flying R Construction 2. Valley Excavation, Inc. 3 . J and D Earth Moving 4 . Visar Construction, Inc. 5. Pacific Paving 6. Angel Asphalt 7. Mountain View Paving 8. Mountain View Rock, Inc. With the exception of a verbal quote from J and D Earth Moving for $63 , 000, the only formal quote received was from Dave Barnhardt, dba Mountain View Rock, Inc. The original bid request which was advertised in August ,of 1991 was advertised in both local papers, as well as the Daily Journal of Commerce in Portland. Additional bid invitations and contract documents were sent to five builders! exchanges and 6 contractors. The project has been well advertised; however, very little interest was shown from the field of prospective bidders. The proposal submitted by Mountain View Rock, Inc. is for $56, 148, plus $1,800 bonding costs for a total of $57,948. 00. Douglas Neuman, comprising the total assessment district, would like to develop this street under the L. I .D. format using Mountain View Rock, Inc. as a contractor at the proposed bid of $57,948.00. Ashland Loop Road L. I.D. March 23 , 1992 page 2 The problem arises of accepting a bid from a contractor outside the normal sealed bidding procedure. According to Paul Nolte in his memo of January 10, 1992 (attached) , the City Council has the option of approving such a proposal acting as the local contract review board. The Council must determine that this award will not encourage favoritism or substantially diminish competition and that the public will be best served by its action. This project has been more than adequately advertised; the _ problem has been mainly in finding a contractor who would be interested in the work. The single formal bid that was received last August was more than 50% over the estimate. It has been our experience that a rebid of the same project without substantial design changes only leads to higher bids. The street is now designed to minimum standards and there is no room left for decreases in work quantities. Would you please consider placing this matter on the agenda so that the Council may act upon this as quickly as possible. See attached findings. JHO:rm\n uD.. cc: Doug Neuman . Enclosures FINDINGS OF FACT FOR THE REVIEW OF A PROPOSED CONTRACT FOR THE IMPROVEMENT OF ASHLAND LOOP ROAD STATEMENT 1. A public hearing was held on April 3, 1990 to consider the formation of a Local Improvement District (LID) to improve Ashland Loop Road. The published estimated cost was $41,100. (including engineering) . 2 . Ordinance No: 2570 authorized and ordered the improvement of Ashland Loop Road from Viewpointe Terrace Subdivision to the end of pavement, reconstruction of the intersection of Ashland Loop Road and Morton Street and Ashland Loop Road from the end of pavement near Morton Street approximately 100 feet south by construction of curbs, gutters, asphaltic paving and storm drains,. authorizing the assessment of cost of said improvement against property .to be benefited thereby. 3 . Bids for the Ashland Loop Road (included with the 1991 Street Improvement Project) were received and publicly opened and read at the Council Chambers at 1: 30pm, August 23, 1991 as advertised. A. Advertisements were published in two local papers, one trade journal (Daily Journal of Commerce) and five builders' exchanges. B. Advertisements were mailed directly to six prospective bidders. Only one bid was received, that being over $27, 000 over the published estimate. 4 . No award was made for Ashland Loop Road. 5. Additional attempts were made by Douglass Neuman to solicit additional bids. A. Contact was made with eight additional firms . with only one firm submitting a formal written proposal. 6. The proposal amount of $57, 948 and the contractor are acceptable to both the City Engineering Division and Douglass Neuman (who comprises 100% of the improvement district) . FINDINGS OF FACT FOR THE REVIEW OF A PROPOSED CONTRACT FOR THE IMPROVEMENT OF ASHLAND LOOP ROAD CONCLUSION It is suggested that the Council award the contract for the improvement of Ashland Loop Road to Mountain View Rock, Inc. EVIDENCE IN SUPPORT OF CONCLUSION 1. The project has been adequately advertised, statewide. Numerous attempts have- been made to gain interest in the project. 2 . To rebid the project would cost approximately $750.00 in publication costs, $250. 00 in printing costs and $300.00 in staff time. 3. Without some significant design changes to warrant a decrease in materials and/or work, a rebid almost always results in an increase over previous bids. , 4. The single affected property owner, Douglass Neuman, is in support of the award of contract to Mountain View Rock, Inc. 5. Substantial savings will be in evidence both to the City and to the improvement district if the Mountain View Rock, Inc. proposal can be accepted. JHO:rm\u,wuo.m . t City Attorney City of Ashland (503) 482-3211 , ext. 20 MEMORANDUM January 10, 1992 TO: Jim Olson FROM: Paul Nolte SUBJECT: Contracts Exempt from Competitive Bidding State law authorizes local contract review boards to exempt certain contracts from competitive bidding if the local contract review board finds: "It is unlikely that such exemption will:encourage favoritism in the awarding of public contracts or substantially diminish competition for. public contracts; and The awarding of public contracts pursuant to this section will result in substantial cost savings to the public contracting agency. In making such finding, the . . .board may consider the type, cost, amount of the , contract, number of persons available to bid and such other factors as may be deemed appropriate." ORS 279.015(2).' In making an .exemption state law also requires that the local board: , "Where appropriate, direct the use of alternate contracting and purchasing practices that take account of market realities and modern or. innovative contracting and purchasing methods, which are also consistent with the public policy of encouraging competition. ' The Ashland Municipal Code is quite similar: AMC 2.50.030: "The contract review board may by resolution exempt other contracts from competitive bidding if it finds: a. The lack of bids will not result in favortism or substantially diminish competition in awarding the contract; and b. The exemption will result in substantial cost savings. "In making such findings, the board may consider the type, cost, amount of the contract, number of persons available to bid, and such other factors as the board may deem appropriate. " 'Memo to Jim Olson January 10, 1992 Page 2 Require and approve or disapprove written findings by the public contracting agency that support the awarding of a particular public contract or a class of public contracts, without competitive bidding. The findings must show that the exemption of a contract or class of public contracts complies with the requirements of (ORS 279.015(2)(a) and (b)). You have briefed me over the phone about problems finding a contractor to bid on the improvement of Ashland Loop Road. In order to award a contract for the improvement without further competitive bidding, the following steps are necessary. 1. The Local Contract Review Board (LCRB) must be convened. (The City Council is the LCRB. AMC §2.50.010.) 2. At the hearing of the LCRB, you will have to present wr'Itten findings outlining the steps you have taken to let this contract and why exempting it from competive bidding complies with the paragraphs first quoted above. I will work with you, if you wish, to prepare sufficient findings for the LCRB. (p:alo\Icrb-pw.exm) - - � � ; �Emvrttndum March 27 , 1992 GQEGG�,• . VII: Brian L. Almquist, City Administrator .J'rain: Steve Hall, Public Works Director A.Pttbjert: 250 Clay Street - Sewer Connect Request Tax Lot 1000, 39-lE-11CB ACTION REQUESTED City Council authorize 250 Clay Street to be connected to City sanitary sewer in accordance with Section 14 . 08.030 of the Ashland Municipal Code. BACKGROUND AND SUMMARY Attached is a letter from Lester Zimmerlee who owns 250 Clay Street along with his sister, Katherine McMurtrey, requesting connection to City sewer facilities. According to County Assessor's records, the home was built in 1910. The property is outside the City limits but within the Urban Growth Boundary and will require application for annexation to the City of Ashland prior to allowing service to City sewers. City Council may allow connection to City sewers as per AMC 14 . 08. 030 if: There is adequate capacity within the sewer systdm and the treatment plant to serve the residence. - Requirements will be met by the property owner as listed in -the attached section of the Ashland Municipal Code. —Applicant can meet all the requirements of the Municipal Code. Staff recommends approval of application for sewer connection of 250 Clay Street subject to meeting City requirements. SMH:rm\Er9,\rm.,W..ew cc: Mr. Lester Zimmerlee, applicant John Fregonese, Planning Director Jim Olson, Assistant City Engineer Dennis Barnts, Water .Quality. Superintendent Encls: Zimmerlee letter Sec. 14 . 08 . 030, AMC Map �i i G OQ i I i 14.08.030 Connection - Outside City. Premises located out- side the C ty o! Ashy muy be connected to the sewer system when such connection Se deter", ned by the Ashland City Council to be in the best interest of the City of Ashland and to not be detri- mental to the City's sewage facilities and such connection shall be on such terms as are set forth herein, or A. may be modified or added to by the Ashland City Council: A. That the applicant for service pay the connection fee as set forth in Section 14.08.025 hereof, plus the systems development annexation.charge set forth in Section 4.16.010. The latter a= is in part to compensate the City for the cost of the existing sewer system and treatment facilities and which sum shall be placed in the Capital Improvements Fund for sewer system improvements. (Ord. 1954 S3, 19781 Ord. 2019, S3, 19791 Ord. 2092 S3, 19801 Ord. 2147 S1 6 2, 19811 Ord. 2263 S3, 19831 Ord. 2316 S3, 19841 Ord. 2322 S1, 19841 Ord. 2449 S3, 1988) B. Be for the use and benefit of dwellings and buildings completed and existing an July 1, 1973. In the event dwellings or buildings are connected in accord with this section and are subsequently replaced for any reason, then the replacement build- ing or dwelling may continue to be connected to the sewer system of the City as long as the use of the sewer system will not be substantially increased In the opinion of the Director of Public Works; C. There 1e a presently existing sewer main or line to which the premises can be connected in accord with the monthly rate schedules on file In the office of the City Recorder; • (Ord. 1820, 1974) D. Furnish to the City a consent to the annexation of the land, signed by the owners of record and notarized so that it may be recorded by the City and binding on future owners of the land. Said consent shall also provide for payment to the City at the time of annexation any balance due for the Systems Development Annexation Charge set forth in Section 4.16.010 after the applica- tion of sebsection A, above. Further, it shall provide for the payment to the City by the owners at the time of annexation of an amount equal to the current assessment for liabilities and indebt- edness previously contracted by a public service district, such as Jackson County Fire District No. 5, multiplied by the number of years remaining on such indebtedness, so that the land may be withdrawn from such public service districts in accord with ORB 222.520 at no present or future expense to the City; (Ord. 1820, 1974; Ord. 2147 S2, 1981; Ord. 2314 S2, 1964; Ord. 2322 Sl, 1984) E. That the owner execute a deed restriction preventing the partitioning or subdivision of the land prior to its annexa- tion to the City. F. That the owner agrees to pay the Wastewater Treatment Plant Systems Chargas_set forth in Section 4.20.030 upon and con- _ current with application for sewer service. G. That the land is within the Urban Growth Boundary; (Ord. 2322 S2, 1984) R. New single family dwellings may also be connected to the City's sewage system subject to the above provisions, except item D. and the following supplemental conditions: 1) That the owner. execute a deed restriction preventing the Partitioning or subdivision of the land prior to its annexa- tion to the City. 2) That the land is not contiguous to the present City limits, but is within the Urban Growth Boundary.. 3) That the owner agree to pay the Systems Development Annexation Charge set forth in Chapter 4.16 upon application for sever service. In such cesea, only the reggular sever connect fee shall be charged, rather Chan the ou to ide city sever connect fee. 4) That the owner a ras to pay the Wastewater Treatment Plant Systems Charge set forth in Section 4.20.030 upon and concurrent with application for sever service. 5) That electric service is available from existing City distribution lines. 6) That the City Council finds that the sever connection is in the best interests of the City. (Ord. 2297, 1984).' 14.08.035 Sever User Char es. The Sever Rate Schedules shall a este s e yy es0 ut on of the City Council, three (3) copies of which shell be maintained in the office of the City Recorder, and shall set forth the'severyyrates for use of'.the p sewer sever ayystem.within(Ocd.a without 1973;tOrd 117771m 1973from Ordh 1859n 119751 Ord. 2021, 1979; Or 2127, 1981; Ord. 2196, 1982; Ord. 2304, 1984j. i 14.08.050 Penalties. Any person violating any provisions of this chapter is guilty of an infraction and shall be subject to the penalties as set forth in Section 1.08.020. (Ord. 1775 05, 1973; Ord. 2382 s16, 1986). NW I/4, SW. 1/4, SECTION I I,T 39 S.,R.I E,W.M: IMPQN IAN' �y THIS MAP FOR ASSESSMENT JACKSON COUNTY 6 TAXATION PURPOSES ONLY MAN SCALE 1 100• • .• , • .• ..• SEE MAP 391E 11 • . EAST- _ . ........._.. 3700 MAIN 043 4 3600 K •STREET• . 1. :300 • ' • • 200 0,= r 100 I •o•t u.oufo 2034 403 03n , 500K S I 600 •. i os,K W� W 0�4 5-8 1 RR 5 6�I F5 o 3a Ac v 1 I LAGE o6K ASE / `"•`.. ._ 00 1000 \ oiK) 10064 n 0)4)I I Ll]K • .• a ehttK �k:.t • 2600 3400 2300 1900 MMERLEE PROPERTY [250 0474 0o.& o I _ oos4 onK —" CLAY STREET 33000064 1 , 1600 0074 .:1700 - 0 —1E-11CB, Tax Lot 1000 AREA 4. .. .. .. .•. 3100 0p I ••2400 oosK ,�c 1600 0'07A, , , 30000064 . \ , 2500 oov K.r.' :.� • . .. 900 2600 r • t 2 ...y .: • . • I I 1100 , n6A, ,• 1300 ' I 39 IE IIC 7 Jd Ac } �baA A ' (p-Q9511 rv¢a.nw 10.24001 J fP�5251 V 5-� 200 RR 5 Iwo w.,,.,a pw COR. .,00x1 - - ' SEE MAP 39 I IIC ' I� ORDINANCE NO. AN ORDINANCE ADOPTING AN AMENDMENT TO THE ASHLAND COMPREHENSIVE PLAN MAP FROM SINGLE-FAMILY RESIDENTIAL TO OPEN SPACE (M.E. & SHERI HILLENGA, APPLICANTS) 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 amended by changing the designation of Tax Lot 39-lE-16BA-1401 from Single-Family Residential to Open Space. The foregoing ordinance was first read on the day of 1992, and duly PASSED and ADOPTED this day of , 1992 . Nan E. Franklin City Recorder SIGNED and APPROVED this day of 1992 . Catherine. Golden Mayor Approved as to form: P ul Nolte City Attorney J ORDINANCE NO. AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE -- LAND USE ORDINANCE -- PERFORMANCE STANDARDS OPTIONS FOR SUBDIVISION DEVELOPMENT WITH RESPECT TO DENSITY BONUS POINTS AND AFFORDABLE HOUSING -- AMC 18.88.040 B. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 18.88, 'PERFORMANCE STANDARDS OPTIONS" of the Ashland Municipal Code shall be amended, with Section 18.88.040 B.2. and 18.88.040 B.3.d. specifically amended to read as follows: "18.88.040 Performance Standards for Residential Developments. B. Bonus Point Calculations 2. The maximum bonus permitted shall be 60%. 3. The following bonuses shall be awarded: d. Affordable Housing - for every percent of units that are affordable, an equivalent percentage of density bonus shall be allowed. Affordable Housing bonus shall be for residential units that are affordable for moderate income persons in accord with the standards established by resolution of the Ashland City Council and guaranteed through procedures contained in the resolution. Maximum bonus of 35%." The foregoing ordinance was first read on the 7th day of April, 1992 and duly PASSED and ADOPTED this day of 1992. Nan E. Franklin City Recorder SIGNED and APPROVED this day of 11992. Catherine M. Golden Mayor Approved as to form: V�J Paul Nolte City Attorney MUNICIPAL COURT 0 Off . c .:..; o . AP;� 0 The Municipal Judge OREGON,. OFFICIAL BUSINESS C2ity of ,Aslliallb ASHLAND, OREGON 97520 April 2 , 1992 TO: Mayor and Council FROM: Daymon Barnard, Acting Chief SUBJECT: Liquor License Application Application has been received from PIERRE VERGE AND DALE HAMILTON VERGER dba\"MONET" or a LIQUOR license, for a RESTAURANT located at 36 SOUTH SECOND ST. A background investigation has been completed on the applicants and approval of this application is recommended. DAYM BARNARD ACTING CHIEF MC:tld STATE OF OREGON. Return To: e .APPLICATION OREGON LIOUOR CONTROL COMMISSION GENERAL INFORMATION A non-refundable processing fee is assessed when you submit this completed form to the Commission(except for Druggist and Health Care Facility Licenses).The filing d1 this application does not commit the Commission to the granting of the license for which you are applying nor does it permit you to operate the business named below. t1— (THIS SPACE IS FOR OLCC OFFICE USE) - (THIS SPACE IS FOR CITY OR COUNTY USE) Application is being made for: NOTICE TO CITIES AND COUNTIES:Do not consider thisapplica- ❑ DISPENSER, CLASS A ❑ Add Partner lion unless it has been stamped and signed at the left by an OLCC ❑ DISPENSER, CLASS B ❑ Additional Privilege representative. ❑ DISPENSER, CLASS C ❑ Change Location ❑PACKAGE STORE El Change Ownership THE CITY COUNCIL, COUNTY COMMISSION, OR COUNTY RESTAURANT ❑ Change of Privilege COURT OF ❑ RETAIL MALT BEVERAGE 11 Greater Privilege (Name or City or County) ❑ SEASONAL DISPENSER ❑ Lesser Privilege RECOMMENDS THAT THIS LICENSE BE: GRANTED ❑ WHOLESALE MALT READ BEVERAGE 8 WINE 11U11 ❑ WINERY CONTROL COMMISSWM DENIED nOTHER, DATE FFjEB � BY 7 TITLE CAUTION: If your operation of this business depends on your receiving a liquor license,OLCC cautions you not to purchase,remodel,or start construction until your license is granted. 1. Name of Corporation. Partnership, or Individual Applicants: 1) P/ERP.F I/E.QC- P 2) .GALE f14MI/LTuN 3) 4) 5) (EACH PERSON USTED ABOVE MUST FILE AN INDNIWAL HISTORY AND A FINANCIAL STATEMENT) 2. Present Trade Name — MnAIFT 3. New Trade Name Yearfiled win Corporation Commissioner a. Premisesaddress 3y., SALTN SFC'l�tiln f} %{/ R 1 1�(',!'<n1 ) (1R "/75-c20 (NUmDer,StraeL Rwal Route) (GM (County) (State) (zip) 5. Business mailing address SAM 4E (P.O.Sox.Number,Street,Rural Route) (City) (star.) (Zip) 6. Was premises previously licensed by OLCC? Yes�_ No_ Year 7. Ifyes,towhom: NJ--JPTH i..IrditT &ES'TAURAAN Type of license: 8. Will you have a manager: Yes_ No Name J '(Manager must fill out Individual History) 9. Will anyone else not signing this application share in the ownership or receive a percentage of profits or bonus from the business? Yes_ No-A 10. What is the local governing body where your premises is located?. I Y QF A51-FLAtip (Name of City or County) 1. OLCC representative making investigation may contact: :DALE 1/FR(.,r— - /000 AJEiz 61 AK >en slI—IL u (TN.No.—nome,Dvsireu,message) :AUTION: The Administrator of the Oregon Liquor Control Commission must be notified if you are contacted by anybody offering to influence the Commission on your behalf. DATE n r Applicant(s) Signature 1) I!r,w.I 1 P A.t - - (in case of corporation,duly authorized officer thereof) 2) 3) 4) 5) dylnal— xvil Dowrderi 6) .. um 81545.490 (1W) .