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HomeMy WebLinkAbout1992-0421 Council Mtg PACKETPp7t'ant: 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 I o the aoenda AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL APRIL 21, 1992 I. PLEDGE OF ALLEGIANCE: 7:30 P.M. , Civic Center Council Chambers II. ROLL CALL III. APPROVAL OF MINUTES: Regular Meeting of April 7, and Special Meeting of April 14, 1992 . IV. INTRODUCTION OF POLICE CHIEF GARY BROWN V. SPECIAL PRESENTATIONS & AWARDS: 1. Proclamation May is Better Hearing and Speech Month". 2. Proclamation - April 19 - 25 as: "Earth Week" . 3 . Proclamation - April 26-May 2 as: "Volunteer Week" . VI. CONSENT AGENDA: 1. Minutes of Boards, Commissions & Committees. 2. Monthly Departmental Reports. VII. PUBLIC HEARINGS: (To conclude by 9: 30 P.M. ) 1. Continuation of hearing on proposed vacation of the unopened portion of Grover Street, between Sheridan and North Main Streets. 2. Proposed ordinance amending Chapter 4 .24. 020 of the Municipal Code by increasing the hotel/motel tax. VIII: UNFINISHED BUSINESS: 1. Approval of Mayor's appointment to the Hospital Board; and re-appointment of Audit Committee members. 2 . Request for demolition permit for structure at 531 Scenic Drive. IX. NEW & MISCELLANEOUS BUSINESS: 1. Request to waive SDC fee for sink installation. 2 . Request from Lloyd Haines to open Central Ave. between Water and Helman Streets. X. PUBLIC FORUM: Business from the audience not included on the agenda. (Limited to 5 min. per speaker and a total of 15 minutes) XI. ORDINANCES. RESOLUTIONS_&_ CONTRACTS: 1. Second reading by title only of "An Ordinance adopting an amendment to the Ashland Comprehensive Plan Map from p,29, 1,68 Single-family Residential to Open Space (M.E. & Sheri Hillenga, Applicants) " . 2 . Second reading by title only of "An ordinance amending the Y� oAshland Municipal Code -- Land Use Ordinance --Performance �2 G&9 Standards Options for subdivision development with respect 3 to density bonus points and affordable housing -- AMC 18.88. 040B" . 3. Second reading by title only of "An Ordinance amending Chapter 4. 20 of the Ashland Municipal Code relative to ,e 1/0 systems development charges and repealing Ordinance No. 2634" . 4 . First reading by title only of "An Ordinance amending Chapter 6.28 of the Ashland Municipal Code relative to tour 'I buses and special vehicle permits" . (Copies previously furnished in accord with the City Charter) 5. First reading by title only of "An Ordinance amending Chapter 10.30 of the Ashland Municipal Code, by regulating outdoor burning" . (Copies previously furnished in accord with the City Charter) 6. Resolution increasing sanitary sewer fees. 7 . Resolution increasing the transportation and storm sewer fees. 8 . Ordinance re-allocating bicycle utility fee. 9. Ordinance amending and codifying low-income senior citizen \y� utility discount ordinance. 10. Resolution setting low-income senior citizen utility discount rates. il. Resolution ratifying resolution establishing reward for n � �n information leading to apprehension of persons responsible for damage to the Catalina Medical Clinic. 12 . Resolution setting public hearings on May 5, 1992 on final assessments on the Peachey Lane sanitary sewer L.I.D. and &4yo fa_ �W Lori Lane street improvement L.I.D. 13 . Resolution concerning Jackson-Josephine Transportation Committee. M 14 . Resolution setting election on June 30, 1992 for fire engine serial levy. XII. OTHER BUSINESS FROM COUNCIL MEMBERS XIII. ADJOURNMENT MINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL APRIL 7, 1992 CALL TO ORDER: Mayor 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, Reid, Williams, Acklin, Winthrop, and Arnold were present. APPROVAL OF MINUTES: The minutes of the Regular Meeting of March 17, 1992 were accepted as presented. SPECIAL PRESENTATIONS & AWARDS: Mayor Golden presented a plaque to Gerrie Garrett in appreciation of 25 years service to the City of Ashland. Golden said she is a pleasure to work with, and Laws told of Gerrie's attention to important details and her helpful attitude. CONSENT AGENDA: Williams asked that item 3 be pulled for discussion. Williams moved to approve the remainder of the Consent Agenda as follows: 1) Minutes of Boards, Commissions & Committees; 2) Monthly Departmental Reports; 4) Blanket renewal of current liquor licenses. Public Works Dir. Hall gave a presentation on item 3) Water Supply Reports - February & March 1992. Hall explained that the water supply would be supplemented with TID water to fill Reeder Reservoir if rain/snow is not received in the next 30 days. To conserve water at present, the Fire Dept. has agreed to not test water hydrants and the hydro plant is shut down in the evening. It may be necessary to cut off TID from Ashland customers, and Acklin asked that these customers be notified about City water priorities. On a question from Reid, Hall said adjustments have been made at the Sewage Treatment Plant to use less water, and other water-saving alternatives will be considered. Acklin moved to approve item 3, Winthrop seconded, all AYES on voice vote. PUBLIC HEARINGS: Grover Street Vacation. Hall said the Planning Commission reviewed the request to vacate the portion. of Grover St. between North Main and Sheridan Streets, and recommended approval with retention of a 10' pedestrian easement.. Diana Versluis, 337 Sheridan, spoke in favor of the vacation and cited several reasons that the pedestrian easement should not be retained including steepness of grade, safety (i.e. children on bikes) , cost to install a walkway, and concern of abutting neighbors that transients will access the Hargadine Cemetery more easily. Ed Pentkowski, 436 Monte Vista, agreed with Versluis and said transients have built fires on his property, and the pedestrian easement will make the Hargadine Cemetery more accessible to vandals. Reid would like to retain the easement for future uses in the event the hillside develops differently. Williams does not see the need for the easement. Winthrop agrees with Reid. Acklin expressed concern about access to that area i.e. adequate right of way on Sheridan and Monte Vista, and paving agreements. On a question from Reid, Fire Chief Woodley said the Fire Department has no concerns about access to the area. Acklin asked Regular Meeting - Ashland City Council - April 7 , 1992 - 4. 1 Grover Street Vacation (Continued) that Staff prepare a response to concerns raised for the next agenda. Water Conservation Report. Energy Conservation Coordinator Dick Wanderscheid noted that Council held a work session on February 11 concerning the Synergic Resource Corporation' s report. He asked that same be adopted with the changes recommended by the Advisory Committee. The public hearing was opened, there was no comment and it was closed. Reid moved to adopt the report with the Committee' s changes, Laws seconded, all AYES on voice vote. Systems Development Charges. Public Works Dir. Hall reviewed the proposed changes which include additional charges for planning actions or changes in use which increase demands on City facilities. The public hearing was opened and Michael Sanford, 127 Strawberry Ln. , spoke in support. There being no further comment from the audience, the public hearing was closed. First reading by title only of an ordinance amending Chapter 4 .20 of the A.M.C. relative to systems development charges and repealing Ordinance 2634 . (Copies furnished in accord with the Charter) Reid moved to second reading, Laws ' seconded, all YES on roll call vote. A Resolution was read adopting a methodology used to calculate systems development charges pursuant to Chapter 4 .20.050 of the A.M.C. and repealing Reso. 91-21. Acklin moved to adopt same, Arnold seconded and the motion passed unanimously on roll call vote (Reid was out of the room) (Reso. 92-12) . A Resolution was read adopting systems development charges pursuant to Chapter 4 .20.040 of the A.M.C. and repealing Reso. 91-22 . Williams moved to adopt same, Arnold seconded, all YES on roll call vote. (Reso. 92-13) UNFINISHED BUSINESS: Adopt Findings P.A.. 91-140 (Houghton) . City Attorney Nolte noted that the first sentence of Section 3. 1. 10) should read: "That the applicant or future owners purchase and install a new backup power system for the water pumping system for this area. " Laws moved to adopt the Findings, Conclusions and Orders with the above-noted correction, Acklin. seconded, all YES on roll call vote. NEW & MISCELLANEOUS BUSINESS: Committee Appointments. Williams moved to approve the Mayor's recommended appointments except the Hospital Board and Planning Commission. Arnold seconded, all AYES on voice vote. Laws moved approval of the Planning Comm. and Hospital Bd. appointments, Winthrop seconded and the vote was tied 3-3 . Acklin moved to approve the remainder of the appointments withholding the re- appointment of Brownfield to the Hospital Board. Laws seconded the motion which passed on voice vote with .Williams voting NO. Winthrop moved to approve appointment of Brownfield, Reid seconded, and the vote was tied 3-3 . Golden will bring forth another recommendation for the Hospital Board position. Draft Lease with Mt. Ashland Ski Area, Inc. Williams asked the City Attorney to respond to a letter received from Jack Nicholson (received by Councilors at beginning of meeting) prior to the next meeting. Regular Meeting - Ashland City Council - April 7 , 1992 - -P. 2 Nolte said the draft lease is substantially the same as the City lease to Oregon Shakespeare Festival Assn. The item was tabled until the next meeting. Copies are available for public inspection at City Hall. Ashland Loop Rd. Improvement. Hall said this is the last. unpaved section of the road, Doug Neuman being the only affected property owner, and asked that Mountain View Rock, Inc. be awarded the contract. Williams moved to approve same, Arnold seconded, all AYES on voice vote. .Sewer Connect Request - 250 Clay St. Hall said Staff recommends approval subject to meeting City requirements. Arnold moved to approve same, Reid seconded, all AYES on voice vote. PUBLIC FORUM: No comment. ORDINANCES . RESOLUTIONS & CONTRACTS: Open Space Amend. First reading of an ordinance amending the Comprehensive Plan Map from Single-Family Residential to Open Space (M.E. & Sheri Hillenga) . Williams moved to second reading, Arnold seconded, all YES on roll call vote. Affordable Housing Density Bonus. First reading of an ordinance amending AMC 18.88. 040 B regarding density bonus points for affordable housing. Arnold moved to second reading, Reid seconded, all YES on roll call vote. SDC Ord. First reading by title only done earlier in meeting. SDC Resolutions - Adopting Methodology and Charges. Done earlier in meeting. OTHER BUSINESS FROM COUNCIL MEMBERS: Reid reported that a home- builders group "Common Ground" is suing the City of Sheridan over SDC's, and the IOC is concerned that these charges may be challenged. She encouraged everyone to attend the LOC Regional Meeting at Ashland Hills Inn on May 18. Laws moved to place approval of a liquor license for Monet' s, 36 S. Second St. , on the agenda, Acklin seconded, all AYES on voice vote. Arnold moved to approve same, Reid seconded, all AYES on voice vote. Acklin noted receipt of a letter from T.C.I. Cablevision notifying of their plans to "break out" the franchise fee on customer bills. She asked that Staff request that TCI notify their customers of the "universal nature" of this fee. Laws suggested a note in the utility newsletter also. Winthrop moved to do both, Reid seconded, all AYES on voice vote. ADJOURNMENT: The meeting adjourned at 9:20 P.M. Nan E. Franklin Catherine M. Golden City Recorder Mayor Regular Meeting - Ashland City Council - April 7, 1992 - -P. 3 ♦ ce MINUTES OF THE SPECIAL MEETING ASHLAND CITY COUNCIL APRIL 14, 1992 CALL TO ORDER: Mayor Golden called the meeting to order and led the Pledge of Allegiance at 4:00 P.M. on the above date in the Council Chambers. Laws, Reid, Williams, Winthrop and Arnold were present. Acklin was absent. SPECIAL AGENDA ITEM: Councilor Arnold explained that the Mayor and Council members called this special session because of the arson/bombing of Dr. Willard Brown's office at the Catalina Medical Center on Saturday, April 11. He said there is a feeling of outrage in the community and the Council wants to do something positive which is to set up a reward fund to assist . in apprehending the perpetrators. Arnold and City Attorney Nolte drafted the resolution which allows for the City to accept donations for the reward fund. No city monies will be used toward the fund, this is simply a vehicle for donations. Acklin arrived at this point. The Resolution was read establishing a reward for information leading to the apprehension and conviction of persons responsible for the damage to Catalina Medical Clinic. Arnold said the Alcohol, Tobacco and Firearms Division of the Treasury may be involved in the investigation, therefore the first sentence of Section 2 .D. should be changed to read "Officers and employees of the City of Ashland and officers of state and local police forces and officers of the federal government shall not be eligible to receive rewards" . Arnold moved adoption, Laws seconded, all YES on roll call vote. ADJOURNMENT: The meeting adjourned at 4: 10 P.M. Nan E. Franklin Catherine M. Golden City Recorder Mayor Special Meeting - Ashland City Council - April 14, 1992 1 ................. "ON, Vow".V - , �; N `5 M7 prartamattan WHEREAS, hearing, speech and language disorders are this nation's most widespread handicapping conditions; and WHEREAS, some 24 million Americans, about 10 percent of the population, and an estimated 270,000 Oregonians, have speech, language, or hearing impairments which affect their educational, vocational, personal and social functions; and g AUR,g EREAS, most people with communicative disorders can be helped by audiologists and speech-language pathologists, but often need to be made aware of the availability of the services; and WHEREAS, Better Hearing and Speech Month is an annual national campaign to inform the public about communicative disorders and ways to get help and to encourage early detection, proper treatment and prevention of these disorders; and WHEREAS, the Pacific Northwest Hearing and Speech Council urges families to arrange to have their children's hearing checked "the sooner the better! " by calling 1-800- SAFENET. " NOW, THEREFORE, I, Catherine Golden, Mayor of the City of Ashland ER R— do hereby proclaim that: MAY IS BETTER HEARING AND SPEECH MONTH All 4 1 , .,, and encourage all citizens to join in the observance. . 6 1 AP U. Dated this 21st day of April, 1992 . Catherine M. Golden, Mayor ra I "Liz Nan E. Franklin, City Recorder w M" _M1 Maim IM-101.... "21 i. MYA fflam W-"%- 104,010,WWI, yi U . ............ 11,1(M4, '1P F it-g. -It I WHEREAS, the City of Ashland is an environmentally conscious community; and WHEREAS, pe oples actions toward nature and each other are the source of growing damage to the environment; and WHEREAS, there is a need to ensure that the Earth will be a secure and hospitable place for future generations; and rM WHEREAS, the destruction of the environment cannot be seen as an isolated problem. It is closely bound up with world economic development; and WHEREAS, the United Nation's Conference on Environment and -15- Development in June, 1992 in Rio de Janeiro is as call to action to develop an Earth Charter that will embody basic. principles which must govern the Al economic and environmental behavior of peoples and nations to ensure "our common future" ; and 401 ;gg WHEREAS, citizens can show their support for the UNCED by signing letters of support (on recycled paper) for the "Tree of Life" project that will be taken to Brazil as their visible support of their personal commitment to the Earth Summit. NOW, THEREFORE, I, Catherine M. Golden, Mayor of the City of rat Ashland, urge all citizens to support the Save the Earth Summer Talks in Brazil, and do hereby proclaim April 19 to 25 as EARTH WEEK in the City of Ashland, and call upon all citizens and civic O organizations to support the United Nation' s Eart h Summit and : the Tree of Life project. Dated this 21st day of April, 1992 . Catherine M. Golden, Mayo Rnt Nan Franklin, City Recorder Fa WIN. NA mill Ell t 11'5Wi l WHEREAS, the Ashland Community Service Volunteers contributed N� l t� , Aqr 13, 394 hours in 1991 to the Ashland community; and WHEREAS, their volunteer activities encompass service to the young in the many hours spent helping Santa Claus answer Christmas letters; and e=X4I WHEREAS, the Forest Service attributes the lack of fires in y 12y�._ the watershed to'the citizens who make the 35 mile l < circuit patrolling same; and !{ ¢; WHEREAS, many of our senior citizens are assisted with " transportation, shopping, home visits, household ! upkeep, and meals; and 2 41 <`f%} WHEREAS these volunteers erform vital services such as the }` i blood pressure clinic, Meals-on-Wheels, Loaves & <+�> -sH Fishes, mail courier for city departments, Big „.;ii11► " Brother/Big Sister participation, and many others. NOW, THEREFORE, I, Catherine Golden, Mayor of the City of Ashland do hereby proclaim April 26 - May 2, 1992 as: c� z:r. 113 I VOLUNTEER .WEER < �w in Ashland and ask that all citizens recognize these special people who give their time, energy and resources in assisting � others, thereby making our community a nicer place in which to live. a> Evil +� Dated this day of April, 1992 . f�Iij!:1 WE. , stt y s: Catherine Golden �• Mayor (([(( Ij• nl� �tiii�f , ni Nan E. Franklin -� City Recorder s>, I m A'yi l./:ny —^gyp A y ♦ P. w/m { � hr INHN � �.........t+s. I 0�..+..+ w..:rl 11\ Il�n i• �W,\ /!b i! YlX "'•y - .t 4h pY: _.yy MO I/Y•i r M y 1U��y� SS��/ ��"^� J. �bfYyJ/��,tt : t.'.. �..V",i�\ .�,. aY. l.."`k I r,. ASHLAND BICYCLE COMMISSION MINUTES Wednesday, March 18, 1992 CALL TO ORDER Commission was called to order at 12 : 05pm by Chairperson Arnold in the Jury Room. Those Commissioners present were Jones and Gosling. Staff representatives present were Loren Deffenbaugh, Police Department Liaison; Pam Barlow, Administrative Assistant to Public Works; and Rhonda Moore, Administrative Secretary. The meeting proceeded without a quorum at the Chairperson's request. APPROVAL OF MINUTES Minutes from the January and February meetings were approved as received. BIKE PATH CONSTRUCTION Arnold reported that he had walked the proposed bike path. Barlow advised the Commission that Steve Hall, Director of Public Works, has recommended the Commission consider relocating the proposed bike path route to the other side of the railroad tracks and secure right of way permission from Southern Pacific so as not to disturb the City property landscaping already in place along the proposed route. Arnold will report on this construction at a future meeting. Barlow also reported that she has written a letter to Mike Anhorn, Oregon State Highway District Maintenance Supervisor, requesting the striping of Siskiyou from Walker to Tolman be a part of this spring's striping project by the State. Barlow will report back when he responds. MONTHLY BICYCLING NEWS COLUMN: PROGRESS REPORT Gosling presented four monthly columns he has prepared for the Tidings column on bicycle safety. Arnold volunteered to proofread the columns for Gosling. BIKE TO WORK DAY Moore reported that Commissioner Haddad had called the office before the meeting to report that she and Seligman will soon be working on contacting restaurants and food suppliers to set up the food stations. Haddad has also sent a press release to Siskiyou Wheelmen. Barlow requested participating in the Bike Swap in May by staffing a table during the event. Gosling moved to order 500 Street Smarts booklets to be used as handouts at the Bike Swap and future events. Motion was seconded and passed. Gosling volunteered to be at the table for 2 hours and Jones will also share that duty. ASHLAND BICYCLE COMMISSION March 18, 1992 Page 2 1992-93 BUDGET MEMO FROM STEVE HALL Arnold reviewed the information with the Commission. BIKE PATH ON YMCA WAY Barlow requested the Commission consider altering the bike path striping along YMCA Way to end just before the first driveway into the Y Complex to alleviate parking problems there. . Commissioners requested time to review the situation. This was tabled until the April meeting. Meeting adjourned at 1:20pm. Rhonda E. Moore Administrative Secretary Bike\Minutia\Mwl&B !n ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES MARCH 10, 1992 CALL TO ORDER The meeting was called to order by Chairman Neil Benson at 7:10 p.m.. Others present were Bingham, Jarvis, Medinger, Hibbert, Harris and Carr. Staff present were McLaughlin, Molnar and Yates. Chairman Benson announced that Planning Action 92-001 (Donna Andrews) has been postponed until next month. There will be a neighborhood meeting on March 18th, 1992 at 7:00 p.m. at the VFW Hall to discuss the concerns surrounding this application. APPROVAL OF MINUTES AND FINDINGS Jarvis moved to approve the Hearings Board Findings for Maurer (PA92-022). Carr seconded. Hibbert moved to approve the Minutes and Findings of the Regular Meeting of March 10, 1992. Harris seconded and both were approved. PUBLIC FORUM Carr mentioned that the Mark Antony is on the National Register and she objected to the sign making business that is so visible to passersby and that it did not seem in keeping with the building. McLaughlin felt the Commission did not have any control as to what is done on the interior of the building. HERMAN WOOD, 173 Helman Street, spoke with regard to Findings on Friedman that were just made. In the last two weeks Dick Chambers has taken sound readings and those readings exceed the allowable levels. McLaughlin said the decision is final as of the time the Findings were approved (which would be this date). If the sound levels are out of range, there could be a revocation hearing. LENNY FRIEDMAN, Pyramid Juice, said Dick Chambers came one evening and tested and even with the compressor off, the decibel reading was 47. JOAN HADDAD, 175 Helman, said the last two readings were taken between 1:00 a.m. and 4 a.m. and the levels were 47 and 48, over the City's allowable level of 45. Carr amended the Findings -- Decision, for Planning Action 92-024 to read: "Further, if any one or more of the conditions are violated by the applicant, for any reason whatsoever, then Planning Action..." Harris seconded the motion and it was approved unanimously. TYPE II PUBLIC HEARINGS PLANNING ACTION 92-029 REQUEST FOR A THREE-UNIT TRAVELLER'S ACCOMMODATION AND A BUSINESS OWNER'S UNIT AT 208 HARGADINE STREET. ALSO REQUEST FOR A VARIANCE TO ALLOW LOCATION OF A TRAVELLER'S ACCOMMODATION IN EXCESS OF 200 FEET FROM AN ARTERIAL OR COLLECTOR. ACCESS TO PARKING FROM FIRST STREET ALSO EXCEEDS 18% GRADE. APPLICANT: LAURA AND EUGENE ANDERSON Site visits were made by all. STAFF REPORT There has been change to the number of units and there are no changes proposed to the exterior. There is a one-way alley downhill from Vista to the parking area. The alley has a section that exceeds 18 percent grade as determined by Engineering. With regard to Resolution 91-39, this change,in use would probably not increase the number of trips and may in fact decrease the traffic generated. Staff feels the use is appropriate, however, the site is not over 200 feet from an arterial (East Main Street). The reason for this restriction was for the protection of residential areas. This site, however, is located across from a C-1-D. McLaughlin showed the video of the property. Jarvis inquired as to other traveller's accommodations that had been granted a variance from the 200 foot rule. McLaughlin said the Stone House on Pioneer and Fork, the Jessel House on Holly Street, and the Romeo Inn on Idaho had been granted variances. LAURA AND EUGENE ANDERSON, 443 Allison Street, felt the 18 percent grade does not apply to this application but would apply to capacity. The capacity will actually be reduced. There are 12 occupants in the apartments at this time and each one owns a car. Almost all the occupants are students. Traveller's accommodation occupants will undoubtedly not be driving as much since they are in close proximity to downtown. In the last six years, the Andersons noted that they are the only ones who have put in an application on Hargadine. They do not believe this will open the floodgates. The Andersons believe this is a unique property and they cannot get any closer to the Commercial district than where they are now. The intent would be to get on the Historic Register with extensive outside upgrading that would benefit the neighborhood and City as a whole. ASHLAND PLANNING COMMISSION 2 REGULAR MEETING . MINUTES MARCH 10, 1992 EUGENE ANDERSON, stated that since they have not had a manager on-site that the residence has gone downhill. The Andersons would open the units in the off-season for monthly rentals. McLaughlin noted that the. Historic Commission recommended approval at their meeting on March 4th. COMMISSIONER DISCUSSION AND MOTION Q Jarvis was concerned about the wording in the lease and did not see that it excluded the property owner from handling the day to day operation. The Andersons said the owner would not be involved. The Commissioners discussed the Variance Criteria. Harris said that with regard to the preservation of property rights, that the applicants have a right at this time to rent the units as apartments and he is not sure what rights are being preserved, unless one could argue that the property would be improved and would then increase in value. Harris asked if there are unique or unusual circumstances that are typical to this site. Medinger feels the applicants meet unique and unusual circumstances, not because this is typical, but because common sense would dictate that this is a great use for the building. Hibbert said this is an R-2 zone and the question is whether it should be commercial along Hargadine. He feels residential use should be encouraged. Jarvis disagreed that this would be unique or unusual because all the homes along Hargadine are in the same situation which is what applies to this site. The,applicant also does not meet the burden of proof because there are significant property rights being utilized now. Criteria 3 and 4 can be met. If this application is approved, the City would be losing residential property. Medinger felt the Historic Commission accepted the proposal because it would allow for the preservation of old homes. He believes the Commission would want to see homes like this have a kind of use where the owners are motivated to keep them up rather than let them deteriorate. Carr agreed with Jarvis on Criteria 1 and 2. During the Stone House (i'hormalen) hearing and in subsequent discussions, the greatest number of speakers addressed the residential character of the neighborhood. If the City wants to turn this area into a quasi-commercial area, the Commission had better go through the process correctly. ASHLAND PLANNING COMMISSION 3 REGULAR MEETING MINUTES MARCH 10, 1992 . Bingham feels the applicants already have property rights. He would vote to deny. Carr moved to deny PA92-029. Hibbert seconded the motion and it was carried with Medinger and Harris voting "no". McLaughlin posed the idea of looking at reviewing the traveller's accommodation ordinance at some time in the future. In an informal vote, the Commissioners decided not to look at this issue any further. P TYPE III PUBLIC HEARING PLANNING ACTION 92-033 REQUEST FOR CHANGES TO THE ASHLAND MUNICIPAL CODE -- LAND USE ORDINANCE -- WITH COMPLETE REPLACEMENT OF ZONE CODE SECTIONS -- 18.32 C-1 RETAIL COMMERCIAL; 18.40 E-1 EMPLOYMENT. APPLICANT: CITY OF ASHLAND STAFF REPORT McLaughlin reviewed the Staff Report. It was decided that the City Attorney should review the definition of adult bookstores 18.32.050D. PUBLIC HEARING JOAN HADDAD, was concerned that some of the uses that had been Conditional Uses were being proposed as outright permitted uses. Anything that causes noise, trash, increased traffic, needs to be in an area that does not impact a residential area. Because of the potential noise, cold storage and recycling should be kept as Conditional Uses. Manufacture of food products, kennels and veterinary offices should also remain Conditional Uses. There is a need to protect residential neighborhoods. Hibbert felt that most of what occurs in an E-1 zone creates noise and if the businesses are eliminated that make noise, then E-1 is eliminated. Haddad argued that if a residential area is impacted by E-1, it could create a slum. Bingham suggested that the Commission extract the potential noise producing items and consider Conditional Uses or Special Permitted Uses and state what the business can and cannot do. ASHLAND PLANNING COMMISSION 4 REGULAR MEETING MINUTES MARCH 10, 1992 Jarvis would be agreeable to removing kennels from the Permitted Uses and allow veterinary offices if the animals are housed inside. Hibbert proposed using 200 feet as a guide or buffer for not allowing E-1 uses within that area. Haddad said it was more than just noise, but aesthetics. Benson mentioned that the Commissions follows extensive Site Design requirements. Hibbert reminded the Commissioners that a home buyer needs to be aware of the zone in which he lives. Jarvis was concerned that if a 200 foot guide was used, it would discourage any employment from coming to Ashland. Medinger told the Commission that there were ordinances regarding noise. RON DAVIES, 171 Helman Street, agreed that there should be a 200 foot buffer. He lives across the street from E-1 and in 16 years nothing has been done with the property across the street and the noise has increased. Without the Conditional Use Permit process, the neighbors would not have been able to impose certain restrictions. HERMAN WOOD, 173 Helman Street, is suspect as to why the City is approaching this change in E-1. He believes the City is depreciating his property values by not allowing some public input into the process. LENNY FRIEDMAN, 45 Beach Street, said that Soy Works, Maranatha, Yerba Prima, LaBaguette, etc. would be impacted by this ordinance. He recommended the new ordinances be adopted since there is a Site Review ordinance. Jarvis noted that most of the uses that are being discussed have been considered Permitted Uses under the current ordinance. ALLEN ARDEN, 110 Van Ness, hears the cabinet shop down the street all the time but does not complain. He liked the idea of the 200 foot buffer. COMMISSIONERS DISCUSSION AND MOTION McLaughlin said the Commission should weigh the Conditional Uses against the Permitted Uses in the zone. By changing to more Conditional Uses, it could create a conflict in reverse between business and residential. There are other avenues besides ASHLAND PLANNING COMMISSION 5 REGULAR MEETING MINUTES MARCH 10, 1992 ' Conditional Uses, such as Site Review. Noise generation can be added as a Condition. It was agreed that the recycling depots would be a Special Permitted Use and cannot be located within 200 feet of a residential zone. Kennels and veterinary clinics would be Permitted Uses if the animals are housed inside. If the animals are housed outside, it would be considered a Special Permitted Use and could not be located within 200 feet away from a residential zone. Private and public schools were considered and it was decided that any school would be considered a Conditional Use Permit and each application reviewed individually. Under C-1 zone, 18.32.025E.5. -- drop the proposed wording. Re-write: "If over 10 units, it become mandatory that 10 percent must be affordable and round down,." Harris moved to recommend approval to re-write the E-1 with the above changes. Carr seconded the motion and it was carried with Bingham voting "no": Harris moved to adopt the recommended language, including the affordable housing portion, in C-1. Continue the public hearing only on adult bookstores. Request review by the City Attorney to determine constitutionality of the City's present ordinance and also recommend definitions of the terms "adult bookstore" and adult videos".' The motion was seconded and it was carried unanimously. OTHER Elections will be held in May. ADJOURNMENT The meeting was adjourned at 10:00 p.m. ASHLAND PLANNING COMMISSION 6 REGULAR MEETING MINUTES MARCH 10, 1992 3 ASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES MARCH 10, 1992 CALL TO ORDER The meeting was called to order by Barbara Jarvis. Jenifer Carr was also present. Staff present were McLaughlin, Molnar and Yates. APPROVAL OF MINUTES AND FINDINGS The Minutes of the February 11, 1992 Hearings Board were approved. The Findings for Medford Growers Market were approved. The Findings for John Maurer (PA 92- 022) will be held for correction of Section 3.1 and approved at this evening's meeting. TYPE 11 PUBLIC HEARINGS PLANNING ACTION 92-009 REQUEST FOR SITE REVIEW FOR A 26-UNIT CONDOMINIUM COMPLEX LOCATED AT 284 HERSEY STREET. APPLICANT: EARL KING STAFF REPORT This proposal was originally approved in 1988 for 27 apartment units. At this time, the applicant is proposing a 26-unit condominium complex. Each unit will be two-stories with approximately 865 square feet. Twenty-five percent of the units will meet affordable housing. The units will be oriented around a large landscaped courtyard. Bicycle parking has been added. The pedestrian walkway network has been revised and all walks will eventually lead to Heresy Street. Noise mitigation measures will be taken for the area along the railroad tracks. Automatic sprinkler systems will be included in each unit. McLaughlin showed a video of the property. Jarvis asked that Dennis Barnts' name be deleted from Condition 4 and 5 as someday these might be unenforceable conditions. PUBLIC HEARING DON RIST, representing the property owner, has agreed to have 25 percent of the units in affordable housing. HELGA MOTLEY, 304 W. Heresy, is very concerned about the density in this area. The construction noises are also very disturbing. ASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES 1 MARCH 10, 1992 GARY BREWER, 209 W. Hersey, agrees that it is too dense and particularly with Ashland's drought. When this was first approved there was no density or water problem like there is now. Brewer also is concerned with construction noise, lights and traffic. The alley has been a problem for years. The alley is a minor street and the end of the alley is only about 12 feet wide (toward the Minute Market). Over the years, each development has brought more people up and down the alley to the Minute Market. The cars speed down the narrow alley. Also, cars park in the alley. Brewer would like to see units 6 through 14 eliminated and the parking lot moved away from the entrance into the complex to mitigate the noise, traffic and lights and use the far end for RV storage or for extra vehicles and to landscape along the fence line. That would keep the noise contained in the middle of the complex. He does not want the condominiums at all. MEL CANAL, 240 Ohio, felt the density was extremely high. He agreed with Brewer's alternative. He is concerned with the tree that is close to the property line. Have any precautions been taken to maintain the tree? HELGA MOTLEY, lives right behind the tree that Canal mentioned. She has watched two large redwoods removed that she was told would be saved. She has seen a lot of destruction to some nice trees. EARL KING, 1309 Talent Avenue, Talent, said the tree that was mentioned is not on his property. He mentioned that they plan to spend $28,000 in landscaping. If units 6 through 14 are cut, it would be impossible under the new energy codes to get affordable housing. There is landscaping (shrubbery) along the street going in. The landscaping plan proposed is by Dale Goes. Jarvis noted the letter in the packet from Mrs. C. F. Quirk opposing the project. Carr is concerned about capacity (water and sewer, etc.). McLaughlin said the sewer plant is designed for.a population of 35,000. The standards for sewage treatment are changing. Given the projected population growth, with minimal conservation measures, water needs can accommodated until the year 2010. Carr wondered if there was any way to request speed bumps for the alley. McLaughlin has consulted with Engineering and Public Works asking that if traffic levels and speeds increase in the future, could the alley be closed except to bikes and pedestrians. If the traffic increased through this construction, it could be closed to through traffic, however, it cannot be tied to the project at this time. Jarvis is concerned about the light glare and the impact of parking on the adjoining neighbors. It appears that the way the project is configured it would be difficult for the complex residents to get in and out the complex. ASHLAND PLANNING COMMISSION 2 HEARINGS BOARD MINUTES MARCH 10, 1992 COMMISSIONERS DISCUSSION AND MOTION Carr feels the project is extremely dense and a cause for concern. Aesthetically, the design looks very institutional. Jarvis believes that under Condition 14, that the fence height be limited to a six foot high solid wood fence and also along the railroad side. Carr moved to approve PA92-009 with the attached Conditions. In Condition 4 and 5, delete Dennis Barnts' name and replace with "superintendent". In Condition 14, fence heights should be six feet. Jarvis seconded and the motion was carried. PLANNING ACTION 92-031 REQUEST FOR A VARIANCE TO WAIVE THE PAVING REQUIREMENT FOR THE DRIVEWAY LOCATED AT 921 PINECREST TERRACE. APPLICANT: Kent Provost Site visits were made by all. STAFF REQUIREMENT The applicant has built a home and constructed a driveway from Pinecrest Terrace up to the residence. The driveway is approximately 300 feet in total length. The applicant is requesting that the paving requirements for the driveway, as required by ordinance and as part of the building permit, be waived. The applicant has also stated that he would be agreeable to the paving of the driveway in the future, should the remainder of Pinecrest Terrace be paved. Staff agrees that it may be best not to require paving of the driveway at this time and deferred until this section of Pinecrest Terrace is paved. At that time, the drainage issue could to be addressed. Staff measured the grade of the driveway with a hand-held instrument and found it to be 24 to 25 percent. Staff believes it should be brought to 20 percent grade. PUBLIC HEARING KENT PROVOST, wanted his wife Laura's name on the application too. Provost said they had an electrical scope put on the driveway and said it was around 20 to 21 percent. Since it was last scoped, more dirt has been.back graded out. Southern Oregon Underground has been doing the grading and measuring. ED BEMIS, 398 Dead Indian Road, contractor for Provosts, agreed with the Staff Report, except for the grade measurement. ASHLAND PLANNING COMMISSION 3 HEARINGS BOARD MINUTES MARCH 10,-1992 McLaughlin told Bemis that if the applicant can meet the standard and.abide by the decision to meet the 20 percent, that would be acceptable. DON PAUL, reported that afire hydrant is needed before the project is issued a Certificate of Occupancy. KENT PROVOST, wondered if he could use less rock at the top of the driveway and more at the bottom. He would like to work it out with the Engineering Department. Provost referred to Condition 5 and stated that he understood that a 2:1 slope bank was adequate for dirt retention. They were trying to mimic what was on Pinecrest Terrace. He would like the option of a rock wall or 2:1 slope, depending on landscaping and architecture. McLaughlin said the erosion control measure was added because if it was 25 percent grade, and a 300 foot driveway, that would mean a substantial additional cut of six to ten feet greater. This does not appear to be necessary now and that Condition could be deleted since the erosion control would be tied to the Variance, not the building permit. COMMISSIONERS DISCUSSION AND MOTION Carr moved to approve PA92-031 with changes in Condition 3 that the driveway be adequately surfaced and fully compacted to hold 40,000 pounds, prior to the issuance of a Certificate of Occupancy.. Delete Condition 5. Jarvis seconded and the motion carried. TYPE I PLANNING ACTIONS PLANNING ACTION 92-021 REQUEST FOR A MINOR LAND PARTITION TO DIVIDE A LOT INTO TWO PARCELS LOCATED AT 465 SCHOFIELD. ACCESS TO NORTHERLY PARCELS VIA AN EASEMENT FROM NORTH MAIN STREET. APPLICANT: TIM BILLINGS This action was approved. PLANNING ACTION 92-018 REQUEST FOR A MINOR LAND PARTITION TO DIVIDE A LOT INTO TWO PARCELS LOCATED AT 230 VAN NESS. ALSO, REQUEST FOR SITE REVIEW TO CONVERT THE EXISTING STRUCTURE TO TWO UNITS. APPLICANT: .DARRELL BOLDT AND LANA MCGRAW BOLDT This action was approved. ASHLAND PLANNING COMMISSION 4 HEARINGS BOARD MINUTES MARCH 10, 1992 PLANNING ACTION 92-030 REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW FOR THE CONVERSION OF AN EXISTING GUEST ROOM TO AN ACCESSORY RESIDENTIAL UNIT FOR THE PROPERTY LOCATED AT 155 HILLCREST. APPLICANT: BILL AND LISA MOLNAR This action was approved and it was noted that the Findings included with the application were the most complete that Staff had ever reviewed. PLANNING ACTION 92-034 REQUEST FOR A CONDITIONAL USE PERMIT TO CONVERT THE EXISTING APARTMENT UNITS TO SEPARATE CONDOMINIUM UNITS LOCATED AT 248- 254 VAN NESS. NO CHANGE IN THE NUMBER OF UNITS, EXTERIOR, OR SIZE OF THE UNITS IS PROPOSED. APPLICANT: LBI AND FRIENDS This action was called up for a public hearing. PLANNING-ACTION 92-032 REQUEST FOR REVIEW OF A LANDSCAPE PLAN FOR THE STREET INTERSECTION AREA OF LOGAN DRIVE, GRANDVIEW DRIVE, AND SCENIC DRIVE. APPLICANT: ED HOUGHTON This action was approved. ADJOURNMENT The meeting was adjourned at 3:05 p.m. ASHLAND PLANNING COMMISSION g HEARINGS BOARD MINUTES MARCH 10, 1992 REVISED REPORT Monthly Building Activity Report: 02/92 Page 1 # Units Value SINGLE/MULTI-FAMILY & TOURIST ACCOMODATIONS: Building: ADDITION 73,760 DECK 1, 600 ENTRY VOIDING 9202010 -4, 060 FENCE 3,050 REMODEL 91,200 SFR 5 405,270 SHEET ROCK 5, 000 VOIDED ON 03/20/92 4, 060 Subtotal: $ 579, 880 Electrical: ELECTRIC 11,480 NONE 1, 100 Subtotal: $ 12,580 Mechanical: GAS FIREPLACE 1, 200 . GFAU VENT 4, 684 GFAU/WATER HEATER 2,986 MECHANICAL 350 Subtotal: $ 9,220 Plumbing: GAS WATER HEATER 350 PLUMBING 0 SEWER LINE 0 WATER LINE 350 Subtotal: $ 700 ***Total: $ 602, 380 COMMERCIAL: Building: ADDITION 81, 000 Monthly Building Activity Report: 02/92 Page 2 # Units Value COMMERCIAL: Building: REINFORCE TRUSSES 7, 000 REMODEL 26, 129 SATELITE DISH 1, 500 SHEET ROCK 11420 TEMPORARY RAMP 300 Subtotal: $ 117, 349 Electrical: ELECTRIC 11,210 Subtotal: $ 11,210 Mechanical: ENTRY VOIDING 9220205 -420 GAS WATER HEATER 500 VOIDED ON 03/29/92 420 Subtotal: $ 500 Plumbing: SPECIAL INSPECTION 110 ' Subtotal: $ 110 ***Total: $ 129, 169 ---------------------------------------------------------------- ---------------------------------------------------------------- Total this month: 64 $ 731, 549 Total this month last year: 90 $ 994,435 Total year to date: 756 $20, 136, 040 Total last year: 638 $11, 622 , 364 This month This month This year last year Total Fees: 11, 383 15, 011 193 ,864 Total Inspections: 443 281 3463 6 NEW CONSTRUCTION: 2/92 RESIDENTIAL PAGE NO. 1 04/07/92 ADDRESS #UNITS CONTRACTOR VALUATION ** SFR 391 IDAHO ST OWNER 92000. 00 775 TOLMAN CREEK RD GOLDEN/FIELDS 90000.00 CONSTRUCTION 963 OAK ST GREENEWOOD HOMES 90000.00 1449 MILL POND RD MEDINGER CONST. CO. INC. 81270.00 420 HELMAN ST MEISER, R.B. CONSTRUCTION 52000. 00 ** Subtotal ** 405270. 00 ** ELECTRIC 0 NO ADDRESS BAKER, JOHN S. ELECTRICAL 0.00 ** Subtotal ** 0.00 *** Total *** 405270. 00 NEW CONSTRUCTION: 2/92 COMMERCIAL PAGE NO. 1 04/07/92 ADDRESS #UNITS CONTRACTOR VALUATION ** Subtotal ** 0.00 *** Total *** 0. 00 ASHLAND POLICE DEPARTMENT Monthly Activities for March, 1992 ADMINISTRATION Gary Brown has arrived and began work on March 23rd. INVESTIGATIONS March 5, a Detective assisted the Major Assault Death Investigation Team with an investigation involving the death of a transient near the railroad tracks in Medford. March 6, a Detective assisted the Major Assault Death Investigation Team on an investigation of a subject who died while in custody of the Jackson County Jail. March 23 , a male subject was arrested and lodged in the Jackson County Jail on 29 counts of Forgery I involving checks that were stolen and later forged and passed at various Ashland businesses. Detective Chilcote attended training on gunshot wounds and a SODA. forum on Drugs in the Work place. PATROL Brent Jensen and Rich Walsh attended a three day class. put on by the D.E.A. on "The Drug Pipeline" . The first class of Spanish speaking for street officers was conducted. The topic was Spanish questions and answers for a traffic stop. This was the first of several sessions that will be held. Tom Cook and Jim Alderman attended a class on the intoxilyzer. CRIME PREVENTION With the onset of Spring weather, many of the local schools and day care centers began bringing groups of children to the police department for tours. Three presentations were given, and seven meeting attended for the month. PEDESTRIAN AND BICYCLE SAFETY On March 9th - 11th a traffic safety conference in Portland was attended. Workshops were on pedestrian safety, operation buckledown and a report on the DUII summit. 1 Work began on "Crosswalk Awareness Week" . It will be June 1 - 6 this year. A banner has been designed. Funding for the banner is included in the grant. Bicycle rodeos have been scheduled for Walker School and Lincoln School. Four meetings were attended in March. POLICE RESERVE The police reserves worked in a total of 149 hours for the month. Two Reserve Officers attended an Intoxilyzer class. EXPLORERS The explorers donated 112 hours this month. Christine Danforth has been preparing a fingerprinting project for the past several months. On 031492 the post finger printed approx. 75 children. Training sessions on crime scene investigation and child abuse were held. COMMUNITY SERVICE VOLUNTEERS A total of 57 Volunteers reported and worked 1, 257 hours. MUNICIPAL COURT There were 841 citations filed in the Municipal Court, which includes 215 traffic violations, 45 formal complaints, and 581 parking citations. Cases closed totaled 847 which includes 174 traffic violations, 105 formal complaints, 12 fines suspended, 72 citations dismissed (including 0 completed diversions) . There were 335 parking citations closed, 253 of these were issued in the Downtown Parking District. No parking citations were dismissed. There were 358 appearances, 212 before the Violations Bureau and 146 before the Court. There were 13 trials held, and 0 no show; 105 persons were placed on diversion and 46 placed on probation. COMMUNICATIONS/RECORDS Communications/Records .personnel handled 682 Police cases and dispatched 77 fire/medical runs. 2 A total of 3, 246 telephone calls were received in the communications center, 524 calls were 911. Four Dispatchers attended a two day Emergency Medical Dispatching class in Grants Pass. Ashland Police Department hosted a "Stress Management" class, approximately 29 people attended. CODE COMPLIANCE OFFICER . There were 21 inspections performed this month, 1 warnings and 0 citations issued. 3 emarait um '.°4eooa► April 15, 1992 II: The Mayor and City Council 1/�t rIIIT[: Steve Hall, Director of Public Works �$ubj8tt: Public Works Monthly Report for the Month of March. 1992 The following is a condensed report of the activities of the Public Works Department for the month of March. 1992 : ENGINEERING: 1. Issued 12 street excavation permits. 2. Issued 5 miscellaneous construction permits. 3 . Checked 11 certificate of occupancy requests. 4 . Issued 2 curb painting permits. 5. Completed 5 address changes or assignment forms. 6. Performed field and office checks on 5 partition plats. 7. Performed field and office checks on 2 subdivision plats. 8. Implemented the newly passed plat and plan check fees. 9. Performed the following work on the Brevik survey: a. conducted control traverse b. computed boundary locations, traverse reductions, closures, etc. C. set property corners d. prepared partition plat 10. Posted vacation notices for the Grover Street vacation, notified interested parties. 11. Performed the following work on the 1991 Miscellaneous . Concrete Project: a. inspected work performed by contractor b. measured and computed final quantities C. prepared costs for final payment 12. Conducted topo survey of the proposed Lithia Way parking lot. 13. Performed the following work in regards to the airport approach slope: a. checked the tree clearance at the 20: 1 .slope and determined that numerous encroachments were present b. sent requests for quotation to top numerous cottonwood and alder trees 14. Revised easement description for power line along Paradise Lane. 15. Reviewed preliminary plans for the Tolman Creek Road L. I.D. project. Public Works Monthly Report March, 1992 Page 2 16. Updated street index map. 17. Updated assessors plat files 18. Operated traffic counters at various intersections. 19. Performed the following work on the Northwest Area Water Project: a. met with engineers to discuss project b." reviewed preliminary data for design of pump station and reservoir C. reviewed preliminary plans for the 24" waterline 20. Performed the following work in regards to re-construction of a hoist at the powerhouse a. prepared specifications b. prepared request for quotations and mailed to prospective bidders 21. Reviewed plans for subdivisions off Crowson Road and for Roca Canyon Subdivision. 22. Performed field inspections on the following subdivisions and projects: a. Barrington Place Subdivision b. Logan Drive Sub, Ph. II C. Park Estates Sub, Ph. III 23 . Continued design of a sump pump mounting system for the water filtration plant. 24 . Performed the following work at the Ashland Municipal Airport: a. ordered repair parts for the wind direction transmitter b. acquired FAA approval of a new runway lighting system c measured and recorded lighting locations 25 Applied for 2 state highway permits. ` ' `- ` -_' City of Ashland Street Division _ March 1992, Report ^ SWEEPER: � Swept 205 miles. ( 1~Weeks vacation ) . - Collected 74 yards of debris` Responded to 100 utility location requests. Graded several streets and alleys. Patched potholes and sunken services" STORM DRAINS: Flushed and/or rodded several storm drain systems. Cleaned catch basins. Re-routed storm drain and installed a manhole on Coolidge at No. Mail' due to widening of intersection . ' Began major s t orm drain project on Scenic Dr^ between wime r and Grand- view Dr . . Project includes 2O[O ft , of 18 in . P.V.C. pipe, 6 cross- overs, numerous catch basins and extensive, time consuming pot-holing .(exposing services: water/ sewer, gas, etr . ) " The majority of the crew is working on this project. SIGNS : � l th ��cessary signs to make 3rd , St. between E" Main and Installed a e / ^ ^ ~� necessary Also installed a "RIGHT TURN ONLY" sign on Lithia Way a one-way s r. � t E Main in conjunction with this project. Gresham a E. a n � ` ~ �� - - - Removed all "BIKE X-ING" signs from a ll streets en tering No. Main and Siskiyou from Sheridan to Tolman . - i d painted the curb green at 366 Installed a 15 min . parking sign ao pan Lithia Way. "AUTHORIZED PARKING DNLY" Re-installed , sign and re-painted curb white on the Plaza' across from City Hall . ' |1ISC, ; Built barricade at the west end of Crestview Dr. " built new driveway at Fire Station 2 Off of Sherwood . Painted curb yellow by alley by U.&- Bank-Larry Yande} l (Street Supervisor) and Steve Burkhalter, crew member, went down to Redding to pick�up 500 gallons� of tack-coat' All employees attended a traffic flagging class on March 18. 6 employVos aitended a "competent Person" seminar in Medford for 2 days on March 24 and 25. Picked up several dead animals. Stenciled "APD" on some Police traffic cones ' Ray n R L scenic Dr and Allison . Gack~fi ] led behind curbs n» ^ ' h l in Dr. , and on March 6 employees attended a 2 day "Paving./ scoo , 30 and 31 . Began getting paint equipment ready. . Cleaned op facilities on a wookly basis. Helped in shop when needed . Held monthly safety meetjog . ` � � City of Ashland k.~ " Fleet MainLeoancc ' March 1772 Report � � l t d k on 106 work orders 3 mechanics cnmp work o e for various types of city equipment and vehicles.The divisions and departments invnlved ^are as follows. ` 7 Administration : 0 ' 8uildinq : 4 L Cemetery: � 5 - ' Community Service Volunteer I � . - Electric: 21 `- � Energy: 1 ' 1 ' Engineering : - Fire: 6 '- � . — Police: 19 ^ 0 \ �- Senior Van : 1 ` �-^ � l Shop: � ~ Street: 26 �- - Warehouse: 1 ` k- '- Water: 19. -` , - Airport 0 �^ - MISC. : 0 ` ^ The emergency g��ner`ators at City Mall and the Civic Center were � manually tested weekly. I and M certificates issued for the month: ` - �5 \ Ashland School District: -, _ S.O.S"C. : 1 � - - | Water Quality Monthly Report March 1992 Water: Repaired 4 leaks in City owned water mains. Repaired 5 leaks in customer service and or meter. Repaired 1 Lithia leak. Changed out 5 3/4" meters and (2) 1 1/2" water meters. Installed 1 meter riser on low services. Installed 17 new water meters with hand valves. Installed 1 customer hand valve. Repaired 6 fire hydrants. Finished changing over services on Crowson and abandoned old 2" main. Installed 2 3/4" water services,that had been split previously. Replaced water service hit by contractor on Logan Drive. Replaced broken meter boxes needing repair. Finished installing all the new Lithia fountains on the plaza. Replaced 3 valve boots on Tolman Cr. that the Gas Co. exposed. Repaired PRV and cleaned out line at the Airport. Removed 3/4"water service at Hwy 66 in front of new Shopping Center. Worked on welding troughs at the treatment plant. Built safety screen for the pump drive shaft at the plant. Installed kick boards throughout the plant. Sewer: Installed 1 new 4" sewer lateral. Repaired 11 sewers and responded to 4 service calls. Responded to 5 main line plugs. Rodded 34 ,940' of city sewer mains using 62 , 500 gallons of water. TVed 957 ' of city sewer mains. Miscellaneous: There were 97 requests for utility locate calls. There was 76. 26 million gallons of water treated at the water treatment plant and 48. 53 million gallons of water treated at the waste water treatment plant. Used 25 yards of 3/4" minus rock at various job sites. +0Fh f AEmoranAum April 16, 1992 GREGO Mayor and City Council r Steven Hall, Public Works Director ram: Continued Hearing - Grover Street Vacation �1I�IjPtt: At the initial public hearing, City Council raised questions as to the number of homes that could be built in the service area and the condition of existing streets. Also, information was requested on the potential of construction in the unopened section of Grover Street proposed for vacation. Attached is a memorandum from Jim Olson with the information on the surrounding streets and what grades would be on Grover Street if it were constructed. You will note a 30% grade to the connection at North Main. In addition, the intersection would be skewed and not a right angle. . Pam Barlow has researched the number of existing homes and the potential new homes. The attached memorandum covers those details. SMH:rm\MG..St.� cc: Ed Pentkowski, applicant Jim Olson, Assistant City Engineer Pam Barlow, Administrative Assistant John Fregonese, Planning Director Encl: Olson memo w/attach Barlow memo w/attach Woodley memo 0 `Y a , emorttn �xm April 16, 1992 G4EGG� ` Steven M. Hall, P.E. , Dir. Public Works Pam Barlow, PW Admin. Asst. �rom: �C �iet Potential Units, Scofield Area p� 7 I have investigated the potential number of units in an area bounded by Sheridan Street, Wrights Creek, Grover Street, and North Main Street. The information utilized was from our Community Development tax lots records. There may be a few newer existing structures than are recorded in this data base. Number of Tax lots: 21 Number of Existing SFR units: 15 Total Area: 22 .72 Zone: (same for all lots) R-1-7 .5P Buildable Area (total) : 14 .44 acres Appx. Potential. Additional Units: 78 Expected Units: 68 There are slightly fewer units than would result in dividing the sum into available units because individual lots do not always have sufficient area for whole numbers of units. (14.44 acres/7 ,500=83 .87 units) . Since this is zoned for performance standards, however, the number of units could increase somewhat since I estimated an actual 7500 sq. ft. for each additional unit. This doesn't consider density credits, etc. On the other hand, the current zoning permits 7, 500 square foot lots. This is about twice the typical density of currently developed properties in this area. I would expect that several of the lots which theoretically could increase their density of development would not, as they are large houses centered on large lots with total valuations averaging $157 ,000. 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C0 I �\\ oLC37 DLC 3e DLC 38 (103. 16) c, \ - 12qoa GOVT OT �� ` \( 26.75) 5 EF SEE MAP \ 391E-5BAI (ABANDONED Y S.E COR. \ / DLC. 37 - SCOFIELD —ST \ 300 3 0 I � w coR-: _I — L f - I E co S MAP s.LC. 3e o I DLC 0 E5131) - _ 1 GOVT LOT 5 O LOT 6 I� ( 21.88 ) G — SI I .I — RANT _ ; — ST. \��! n� ) 33.66 ) I41 I -ii —1 I- --i - - - - - - � SEE MAP Or — — CNERRYJI I I 391E 5 A C - YS.m — I I I"� - � .•fI I BREfRTR PLACEI ,\ E ST- e.r1 Y L4 — — - (.I III SEE AP I r -„L.r-!_�-..- - - - - - - 5r. _I I -___�.�. Ij 391E-5CA I igl I I I�ASHIAND � I GOVT L �=ICOMMUNIT% � DI1f r I I=I L�OSPITAL I I I I I ICArALINA— o r II IxI 0 Ul ♦ _ 1 �� W W �1 T _._l • f SKr O N \1 'i TV S p �1 o,p �p—,` �.A N imI I � � PRIM ST. ri/• va 87>0•m 30).9 ' � �: •.. � -. .- � � f...r., Aim Jm cn o mg n -� 4 :..: n - ,._ jf. .f 1 D V C,• .R li ' I ., _. tl151� �+� ��.�� . i - '✓ � , x ism. — — — - - 25 CA TREfT„m ��� - J C rrl fn � r , SLR m � p V. STREW m r. 1 39 IE SAC • m D � � 39 IE 588 \ ; \ru� c o'�•�` \\ • �C� •% ' .O � s j R•I°°- '� •4 0o ice- �, o Zz.- " N - O q N [ : a2 nG _n u. a _J! s 0.01W. ...... N oQC/F/C G " r- O o•� o.� / '/ lam . d \ \ - ° . Y r� � oo` :r1` o? • n N z _y\l • • °G N V .P i1ON - 591E5 e � W od _ fs .0 �a A P m Q 4 a n d u iii - YY ll.... April 16, 1992 GREGO Steve Hall u. r James H. Olson, Assistant City Engineer rum: Grover Street Vacation ��t�IjEtf: In response to your questions concerning the vacation of Grover Street, the following information is provided: a. Grover Street Approximate Grades From N. Main Street, southerly - 150 ' @ 30+% 206 ' @ 19+% 140 ' @ 10+% to Sheridan Street b. Schofield Street Summary 1. Average width; 14 to 20 feet 2 . Grades from N. Main Street, southerly - 220 ' @ 18+% 310' @ 11% to Monte Vista Street C. Monte Vista Street Summary 1. Average width; 12 to 18 feet 2 . Grades from Schofield Street 300 ' @ 10%, 240 ' @ 11% 70 ' @ 18%< JHO:rm\G'.s.V. , 111111110 W WW4 �j 9 m_ 71�r�i SION a� `�` . i ��� }e � �i � �55. '1S � �I� �!@: ref. t �� �r apt;:.i 't'aa.} q i � i-a1•Y [Y�a�. j nor• s s mss: �� �� MEM R mm oir .• G 1 . ASHLAND FIRE DEPARTMENT MEMORANDUM TO Steve Hall FROM Keith E. Woodley �W SUBJECT Proposed Vacation Of Unopened Portion Of Grover street We have visited the area surrounding Grover Street and do not feel that Fire Department services will be hampered by the vacation of the unopened portion of the street. However, if it is the intention of the City to at some point in the future complete the construction of the street, the Fire Department would utilize it to best advantage. of AS11 s April 16, 1992 EGO� yor and City Council ram Jill Turner, Director of Finance � �UII;QC Hotel/Motel Tax Increase RECOMMENDATION: Council approve the attached Ordinance increasing the Hotel/Motel Tax from six to seven percent. DISCUSSION: On March 30, 1992, the budget committee approved the 1992-93 Budget as amended. This budget is based on increasing the Hotel/Motel tax from six to seven percent. The ordinance was mailed to all operators on April 3rd. On April 8th, Russell Chadick and I met with the operators and discussed the implementation of this ordinance. The operators suggested and I agreed that the words "fully paid" be dropped and that all room reservations until September 30, 1992, be honored. In addition, the operators would also like to see the September 30, 1992 , extended until October when the Shakespeare season closes. FISCAL IMPACT: Each one .percent Hotel/Motel Tax is estimated to generate $96,429 in additional City revenue. All .operators receive 5% of the tax to cover costs of administration. The present net rate of 5.7% will be increased to 6. 65%. The Budget estimate of $96,429 is based on all room rentals being increased to 7% on July 1, 1992 . Assuming that 50% of all rooms rented for the period of July through September are reserved, the one cent increase will generate $72 , 300 or $24, 000 less. H:\Jill\wp\c M11\t e 4 Revised April 16, 1992 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 4.24.020 OF THE ASHLAND MUNICIPAL CODE INCREASING THE TRANSIENT OCCUPANCY TAX. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 4.24. 020 of the Ashland Municipal code- ' is amended to read as follows: 114 24 020 Tax Imposed. For the privilege. of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of SSVM (7%) percent of the rent charged by the operator. Said tax constitutes a debt owed by the transient to the City which is extinguished only by payment to the operator of the hotel at the time the rent is paid. The operator shall collect and record the tax into the record when rent is collected, if the operator keeps records on the cash basis of accounting, and when earned, if the operator keeps records on the accrual accounting basis. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel. If for any reason the tax due is not paid to the operator of the hotel, the Tax Administrator may require that such tax shall be paid directly to the Tax Administrator. (Ord. 1907, 1977 ; Ord. 2024 ,1, 1979) SECTION 2. Classification of the Fee. The tax specified. in Ashland Municipal Code Section 4 .24. 020 as set forth in Section 1 of this ordinance is classified as not subject to the limits of section. 11b of Article XI of the Oregon Constitution (Ballot Measure No. 5) . SECTION 3 . All fully paid room reservations received prior to April 21, 1992 , for occupancy during July 1 through September 30, 1992, shall not be subject to the seven percent tax rate but shall be subject only to the six percent tax rate. The effective date of SECTION 1 of this ordinance shall be July 1, 1992. The foregoing ordinance was first read on the 21st day of April, 1992, and duly PASSED and ADOPTED this 5th day of Mme, 1992 . Nan E. Franklin City Recorder SIGNED and APPROVED this day of May, 1992. Catherine Golden Mayor tl\u\r.w.«d\Vansac.oM . � :.f . Aemorandum April 17, 1992 p4EG', City Council Members V1 c Mayor Catherine Golden C29 rom: Hospital Board Appointment Please approve the appointment of Madeline Hill to the Ashland Community Hospital Board for a term ending April 30, 1996. Attached is her letter of interest and background information. Thank you. I MEMORANDUM April 16, 1992 TO: City Council Members FROM: Mayor Cathy Golden SUBJECT: Audit Committee Re-appointments Please approve the following re-appointments to the Audit Committee for terms expiring April 30, 1993. These were inadvertently overlooked when appointments were confirmed on April 7 for the other Boards .and Commissions. They are as follows: Pattie Acklin (Council) Al Alsing (Parks Commission) Lois Wenker (Budget Committee) Frank Billovits (Hospital Board) Harry Knight (citizen at large) Virginia Vogel (citizen at large) Vacancy (left by Anne Meredith) The three at-large positions were advertised along with the other open positions on city commissions, but no new applications were received. Thank you. MEMORANDUM April 16, 1992 TO: City Council Members FROM: Mayor Cathy Golden SUBJECT: Audit Committee Re-appointments Please approve the following re-appointments to the Audit Committee for terms expiring April 30, 1993. These were inadvertently overlooked when appointments were confirmed on April 7 for the other Boards and Commissions. They are as follows: Pattie Acklin (Council) Al Alsing (Parks Commission) Lois Wenker (Budget Committee) Tom Reid (Hospital Board) Harry Knight (citizen at large) Virginia Vogel (citizen at large) Vacancy (left by Anne Meredith) The three at-large positions were advertised along with the other open positions on city commissions, but no new applications were received. Thank you. + (ls�w 0 P 0 f Cor -8-k,G,C-� - � �t . City Attorney . City of Ashland (503) 482-3211., ext. 20 MEMORANDUM April 16, 1992 TO: Mayor and City. Council FROM Paul Nolte SUBJECT: Reconsideration of demolition permit - 531 Scenic This matter previously came before the council on November 19, 1991. A motion to approve the permit with the condition that the Historic Commission review the plans for replacement structures before the house was demolished was defeated on a tie vote broken by the Mayor. The concern the council had at that time was that the property owner was reluctant to tie up the property with the plans he had for the property in case he had to sell the property before he developed it. The council then voted to reconsider the permit at a time convenient for the property owners. Since that time the owners have had several discussions with myself and staff regarding the options available. In February I advised the owners that the council could issue a non-transferable permit to demolish. His letter to the Mayor and Council reflects our discussion and how he wishes to proceed. I do not believe that the City could require anymore of the owners than what they have proposed in their letter. (p:plann ing\cnd ilor.mem) April 7, 1992 City of Ashland Ashland, Oregon Dear Mayor and Council Members: We appeared before you this past December concerning our application to demolish the single family residence at 531 Scenic Avenue, Ashland. At that time there were two situations which were unclear and which resulted in action being postponed. First, there was the Historic Commission's reccomendation which had been changed. They have subsequently sent a letter to your attention which. clarified their actions. Secondly, there was some confusion as to the situation regarding the issuance of a demolition permit. It was unknown at that time whether a permit could be issued only to us or whether it would have to run with the succeeding owners if any. In later discussion with the City Attorney it was decided by him that a demolition permit could be issued to us specifically and could be worded in a manner that should we sell the property then the permit would not continue to a new owner. This would insure all concerned that should we be unable to proceed with our own plans a new owner would need to clarify any new actions with the appropriate bodies prior to any demolition. Our agreement with the Historic Commission is this: Should a permit be issued we would submit plot plans and elevations to them for approval as a condition of and prior to demolition of the house. We would appreciate your approval of our application. We will be unable to attend the April 21st meeting but should you have any questions please call us at 916-872-0455. Sincerely yours, Helen and Richard i Lor nzo l� December 5, 1991 °REGO� Ashland City Council APR - 1992 ram: Ashland Historic Commission l DEMOLITION OF 531 SCENIC DRIVE This is to explain our initial vote against demolition of 531 Scenic Drive and the subsequent change in favor, with conditions. Initial Vote: Vote was 6 to 2 recommending denial of demolition permit. The majority felt the house was restorable, and were reluctant to allow the loss of one of the oldest structures on Scenic Drive. We were cognizant of the recent loss of several Landmarks List houses on Allison Street, East Main Street, and other locations. Reconsideration: After further discussion, we agreed that this particular house has minimal original structure left, making it difficult to decide "what" to restore. We also felt that with other demolition requests possibly coming forward, the relative merits of this one were low. Our conditions were intended to ensure minimal impact from the loss of 531 Scenic Drive and included: a) review of plans for new construction, b) preserving current Historic District line as demarcation between commercial and residential uses, and c) if approved, the first and second conditions would go with the property. 12%"00/91 10:05 $2 DOUG } vy� ASHLANT PUB HH I�j001 oaE� Ashland. Fire Department _ 455 SISKIYOU13OULEVARD .aorrc, "ate+"F ASHLAND,OREGON ZPIZ 97520 (503)482-2770 December 4, 1991 Richard D'LOren2o i 5164 Country Club Drive L1 V Paradise, CA 95969 Mr. D'Lorenzo; Both I and the .City Building Official, Mike Broomfield, inspected Your property on Scenic Drive. It was our intent to determine the feasibility of the continuance of the present structure as opposed to demolition and rebuilding. It is my opinion that the structure is viable for continued use. With the exception of our weak spot in the kitchen floor, the structure is basically sound. From a fire and life safety point Of view, I would encourage a means of protecting the electrical panel on. the exterior of the house. if left unsupervised, this could .be accessed by small hands with devastating results. Once reoccupied, the smoke detectors will need to be operational and regularly checked. With the high value of land in Ashland, to further remodel the existing structure would be a sound investment. I hope that you find a meaningful solution to this current decision. Please feel free to contact me at my office if you have any further questions. Sincerely, Don Paul Fire Marshal cc! Mike Broomfield. Off-street Parking Ord. square feet. . . " and "General - one space per 450 square feet. . . 11 ; and C. 1 . , second line " . . .employees on the largest shift or for each 700 square feet of . " . Section 18 . 92 . 030 will be amended to comply with the Americans for Disabilities Act standards. The remainder of the ordinance to remain as proposed. Arnold seconded the motion which passed unanimously on roll call vote. i Sign Code Amendments (PA 91-127) . Planning Dir. Fregonese reviewed the proposal to amend Section 18.96. 020 23 . and add Section 18 .96. 030 J. The public hearing was opened, there was no comment and it was closed. Williams and Reid .felt the amendments were too restrictive. Acklin said reasonable criteria should be -developed to regulate interior illuminated signs, not just ignore them. (e.g. blue light fascia band recently installed at Knights Inn Motel) Laws said the existing sign ordinance should be protected. Arnold moved to direct staff to prepare ordinances in compliance with the proposed changes, Winthrop seconded. The motion passed on roll call vote as follows: Winthrop, Arnold, Laws, YES; Reid, Williams, and Acklin, NO. Golden broke the tie with a YES vote.. Adequate Public Facilities Requirement (PA 91-156) . On a question from Acklin, City Admin. Almquist said adequate capacity of electricity can be measured on the computer system. The public hearing was opened, there was not comment and it was closed. Reid asked about including schools and Acklin suggested directing staff to work with the School Board to develop criteria for adequate school capacity. The ordinance was read and Laws moved same to second reading. Williams seconded and the motion passed on roll call vote with Reid dissenting. UNFINISHED BUSINESS: Reimbursement Policy. Reid told of her recent appointment to the League of Oregon Cities Board and expressed concern about running over the proposed allotted budget. Almquist noted a provision for Council approval for expenses over budget. .Reid moved to adopt the policy, Williams seconded, all AYES on voice vote. NEW & MISCELLANEOUS BUSINESS: Demolition Permit ­531 Scenic. Winthrop moved to approve the permit with the condition that 1) the Historic Commission review the plans before the house is demolished, and 2) that the permit run with the property, not the owner. He then dropped the second condition of the motion which Reid seconded. The motion failed on roll call vote as follows: Acklin, Arnold, Laws, NO; Reid, Williams, and Winthrop, YES. Golden broke the tie with a NO vote. After a short discussion, Williams moved to reconsider the permit at a time convenient for the property owners, Winthrop seconded, all AYES on voice vote. Friends of Ashland Report. . Mark Murphy; 492 Lynn St. , reviewed the concerns expressed at the Town Hall meeting held by the Friends of Ashland, and offered two video cassettes of same for Councilors to view. Concerns included frustrations at not being taken seriously, report conclusions not being acted on, traffic problems connected to growth, losing quality of life and character of Ashland, lack of adequate city services, water conservation, inconsistent information, Regular Meeting - Ashland City Council - November 19, 1991 - P. 2 Y ` { 970 Starlite Place Ashland , Oregon 97520 . April 14 , 1992 Dear Ms . Franklin, We have lived in Ashland on and off for over 20 years and have just been able to purchase our first home: There was no garage on the property so we built one and now we would like to put a sink in the garage so that we can wash our hands after working out there before coming back into the house . The garage is located about 7'k feet from the house as is the hose spigot we intend to "T" into and it is about. 2 feet from the sewer line. We are talking about a $37 . 00 utility sink with cold water because we cannot yet afford the $135 . 00 for a 6 gallon water heater which we would eventually like to add . This is not for use with a washing machine - ours is located in our house- ' When we spoke to Sohn Great , we discovered it would cost over $ 180 . 00 in permit and systems development fees to install our $37 . 00 sink . It seems- to us that this is a situation that encourages illegal installation and cases such as ours need to be reexamined . We spoke to Steve Hull who suggested we write to you and request a waiver of the fees citing the Ashland municipal code section 4 . 20 . 100 . Thankyou very much for considering our predicament Sincerely yours , 4 "" vL P . S . please call with any questions ; 482-7264 . : � �-- ° . � Emorttndnnt April 13 , 1992 GRFGGa Mayor and City Council Steven Hall, Public Works Directory, I � rprt CI rQm' Lloyd Haines Request - Opening of, Central St-reef Ruenwk . j Planning Action 91-099 *bjett. ACTION REQUESTED City Council approve request to open Central Avenue from Helman Street to Water Street. BACKGROUND The Decision and Order for PA 91-099 adopted by the City Council November 19, 1992, condition 2, paragraph 2 states: "The City Council shall decide whether to open Central Street between Water and Helman Streets, and the decision whether to open Central Street will be made at a later time and as a separate decision. " Mr. Haines requested staff comments on the proposal. My written response is attached for your reference. Mr. Haines has requested the City Council to authorize the construction of Central Avenue from Helman Street to Water Street. His letter is attached for your reference. Staff recommends approval of the request. SMH:rm\c�tmu..m cc: Lloyd Haines, Applicant John Fregonese, Planning Director Keith Woodley, Fire Chief Gary Brown, Police Chief Jim Olson, Assistant City Engineer Pam Barlow, Administrative Assistant Traffic Safety Commission Bicycle Commission Encl: Haines Letter Hall Letter PA 91-099 Decision & Order, page 44 - LLOYD M. HAINES - ATTORNEY AT LAW ,-._�. is Y 1257 51SKIYOU BLVD. SUITE 232 ASHLAND, OREGON 97520 (503) .62 9300 April 8, 1992 . Steven Hall Public Works Director City of Ashland 20 E Main Ashland, OR 97520 Dear Steve: Thank you for your letter of April 2, 1992, reporting the proposed opening of Central Avenue. This letter will serve as a formal request that appropriate Council action be initiated to open Central Avenue in accordance with Ashland' s Downtown Plan, and previously determined City policy to extend Central. Please place this matter on the appropriate Council agenda. I understand it is my responsibility to pay the costs of improvement for the extension of Central Avenue. If you have any questions, feel free to contact me, and please notify me of the date of the appropriate hearing. I remain, Very truly rs, Lloyd M. Haines LMH:sm CITY OF A S H L A N D CITY HALL ASNLANO,OREGON 975N WdPh ep00a 5W)4U-3211 April 2, 1992 Mr. Lloyd M. Haines 290 North Main Street Ashland, Oregon 97520 Re: Proposed Development -Opening of Central Avenue Dear Lloyd: I have reviewed the potential of opening Central Avenue from Helman Street to Water Street with Planning and Engineering staff. I will support the opening of Central Avenue to the City Council as staff feels that there is an advantage to doing so, although the grade will probably be about eighteen percent (18%). Since this is an existing street, the fifteen percent (15%) maximum grade regulation does not apply. People wishing to leave your proposed development would use the parking lots for access to Water Street if Central Avenue were not opened. 1 prefer to control that traffic on a public street rather than a "short cut" through private parking lots. This would also provide an additional access for emergency vehicles to the development and general area. If the City Council does not agree with my recommendation, an alternative would be to dead-end Central Avenue with a cul-de-sac and then develop the lower portion of the right-of-way on Water Street as public parking with pedestrian/bicycle access from the parking lot to Central Avenue. The next step is for.you to make a request to the City Council in reference to Central Avenue. The cost of the improvements will be borne by your development. If you have any questions,please call me at City Hall. Sincerely yours, Steven M. Hall, P.E. Public Works Director Vill DECISION AND ORDER Based on the record of the public hearing and upon the foregoing findings of fact, conclusions of law, and ultimate conclusions, the subject applications for conditional use permit; site design review, and physical and environmental constraints review (Planning Action 91-099) are found to be supported by evidence contained in the whole record Therefore, the City Council orders that the applications be, and the same hereby is, approved, subject to all of the conditions set forth in Section IX below, and which are hereby attached to the approval. IX CONDITIONS ATTACHED TO THE APPROVAL 1. The applicant will sign a deferred improvement agreement, irrevocably consenting to the improvement of Water Street to City standards as well as the widening of the existing bridge to match. 2—If the City decides to open Central Street along the frontage of the subject property, Central shall be constructed to a full City street improvement resulting in a travel surface equal to the improved portion of Central east of Heiman Street, and shall include curbs, gutters, and storm drains,on both sides of the street, and sidewalks on the south side of the street along the subject property frontage. Alternatively, Central Street may be improved to the standards described above under a Local Improvement District with applicant bearing all costs of said improvements. The City Council shall decide whether to open Central Street between Water and Heiman Streets, and the decision whether to open Central Street will be.made at a later time and as a separate decision. 3. The water system supplying the project shall be modified and improved such that adequate water service, pressure, and fire flows can be maintained. Water system improvements shall be completed prior to the issuance of a Certificate of Occupancy. 4. Landscaping that does not survive during the first three years following initial planting will be replaced. 5. Specific lighting plans and specifications will be provided by the applicant for later review and approval by the City. All outdoor lighting.will City standards. 6. Windows in the hotel/residential portion of the buildings will be predominantly operable, not"fixed-pane." 7. Brush removal along Ashlan d Creek will be by mechanical means. Chemical brush control along the creek will not be used. No healthy, mature trees within the FINAL ORDER Page 44 Planning Action 91-099 April 6th, 1992 �REGO, ZU. Council W rom: Traffic Safety Commission � �3pt Special Vehicle Permit Ordinance The Traffic Safety Commission has worked on requested modifications to the Special Vehicle Permit over the last several months, and would like to submit the following revision for your approval. The Traffic Safety Commission discussed revisions to the ordinance during their regular meetings of September, October, November, and January; and at a special work session held January 9th. Rick Evans was in attendance at most of these sessions, and submitted a petition of several hundred signatures supporting his horse drawn carriage business. Craig Hollinsworth of Ashland Taxi attended several of the meetings also, and commented on the ordinance. Traffic Safety Commission's final version was submitted to City Attorney Paul Nolte, and some additional minor changes were made to the wording and organization of the proposed ordinance. The Traffic Safety Commission has struggled over the "Carnival Atmosphere" issue, and has tried to develop more specific, objective parameters for permit approvals. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 6.28 OF THE ASHLAND MUNICIPAL CODE RELATIVE TO TOUR BUSES AND SPECIAL VEHICLE PERMITS. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 6.28.020 of the Ashland Municipal Code shall be amended by adding the following definitions: Commission shall mean the City of Ashland Traffic Safety Commission. Operation means any operation, movement or otherwise propelling. Tour Bus shall mean a vehicle which is not subject to regulation by the State of Oregon Public Utility Commission, and which has a passenger seating capacity which does not exceed 20. Special Vehicle shall mean a horse-drawn cart or carriage, pedicab, licensed motorized street car or other similar specialized vehicle used to transport passengers. SECTION 2 . A new subsection 6. 28. 035 shall be added to the Ashland Municipal Code and shall read as follows: No person shall operate any tour bus or special vehicle on any public street in the City of Ashland without possessing, in addition to any license required by any other law, a valid permit from the commission authorizing the proposed operation. A. Commission Responsible. The Commission shall have the authority to review and approve or deny requests for tour bus and special vehicle permits. B. Application Required. Any person requesting .a permit to use City streets for transporting passengers for a fee, shall complete the application available at the office of the City Administrator. The application shall contain the following information: 1. The name, address and telephone number of the applicant. 2 . . A description of the vehicle, including seating capacity, colors, murals or thematic devices. 3 . The proposed days of the week and hours of operation, and the beginning and ending dates during which the service will be offered. 4 . The proposed passenger pick-up and delivery point. .5. A description of where patrons may park their private vehicles (applicable to tour bus only) . 6. The rates proposed to be charged to patrons using the service. 7. The proposed route over which the vehicle will operate. 8. The speed the vehicle will travel. C. Criteria for approval. In approving or denying an application for tour bus or special vehicle permits, the commission may attach special conditions and the applicant and proposed operation shall meet all the following criteria: 1. A clearly defined route that will not create traffic congestion or adversely affect the character or privacy of a residential area. 2 . Proposed pick-up and delivery locations will "not create, or materially contribute to, a parking problem. 3. The speed of the vehicle will not create traffic congestion or safety problems. 4 . The widths of streets to be utilized, including vision clearance at .intersections, will not materially contribute to traffic and pedestrian safety problems. 5. The service is over a fixed route with passengers picked up only at a specified single point of origination and returned to that same point, except through Lithia Park. ' A permit shall be valid for a period of one year and may be renewed annually by the Commission. The Commission shall have the authority to waive any of the above criteria for one-time only special vehicle permits for special events. D. Operations Prohibited. Permittees in the operations described in this Section shall not: 1. Respond to specific or individual calls for transportation from one point to another in the manner of taxicabs or otherwise perform the services of taxicabs as defined in Section 6.28. 020, or 2 . Attempt to promote patronage through garish display of colors, sounds, murals or other thematic devices located on the vehicle. F. Signs. Any sign shall not exceed three square feet in area on any one side of the vehicle. For purposes of this subsection, sign means any insignia, identification, description, illustration, symbol, logo, 'decal or printed or graphic information. G. Sound Amplification. No form of sound amplification intended to be heard outside of the special vehicle or tour bus shall be permitted. H. Liability Insurance Required. Prior to the issuance of a permit, the applicant shall furnish to the City a certificate of liability insurance coverage providing limits of at least $500,000 per occurrence in 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. Liability coverage shall be provided on an "occurrence" not "claims" basis. The certificate shall provide that the insurance is not cancelable without 30 days prior written notice to the City. The City of Ashland, its officers, employees, and agents shall be named as additional insureds. I. Permit Fee. There shall be no permit fees. If -the permit is granted, a regular annual business license fee shall be obtained by the permittee prior to operation of the tour bus or special vehicle. No portion of the business license fee shall be refundable in the event the operation is discontinued for any reason. ' J. Revocation. Upon any violation of this subsection, a permit may be revoked by the Director of Public Works upon five days written notice, or if the service is discontinued for a period of. five days without prior written notification to the Commission. 1. At any time within the five-day notice period, a hearing before the Commission to challenge the revocation may be requested by the permittee. . 2 . The commission may revoke the permit or allow the permittee up to five days from the date of its decision to comply with the provisions specified in the decision. If the permittee fails to comply with the provisions in the decision, the permit shall be revoked as of the last date given by the commission. K. Violation. Each operation of a tour bus or special vehicle in violation of this section is a separate violation, whether the prohibited operations occur within the same day or different days or relate to the same of different tour bus or special vehicle. 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 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 d\u\new.oM\apecveh - ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 10 . 30 OF THE ASHLAND MUNICIPAL CODE, BY REGULATING OUTDOOR BURNING THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 10. 30 of the Ashland Municipal Code is amended in its entirety to read as follows: "Chapter 10. 30 CONTROLS ON OPEN BURNING Sections: - 10. 30. 005 Definitions 10. 30. 010 Outdoor and Indoor Burning Restricted. 10. 30. 020 Period When Outdoor Burning is Permitted. 10. 30. 030 Requirements for Permitted Fires. 10. 30. 040 Permits Required. 10. 30. 050 Enforcement and Penalties. 10. 30. 005 Definitions. The following words and phrases whenever used in this chapter shall be construed as defined in this section unless from the context a different meaning is intended. A. "Fire Chief" means the City of Ashland Fire Chief or the Chief's representative. B. "Outdoor fire" includes any outdoor fire except a fire for cooking. C. "Ventilation index" means the National Weather Service's indicator of the relative degree of air circulation in the Rogue Valley. 10. 30. 010 Outdoor and Indoor Burning Restricted. A. No person shall start or maintain any outdoor fire except as authorized in this chapter. B. No person in control of any premises shall cause or knowingly allow any outdoor fire to be started or maintained on any part of such premises, except as authorized in this chapter. C. No person shall start or maintain any outdoor fire authorized in this chapter in a barrel or otherwise burn garbage, plastic, styrofoam, or other noxious materials. D. No person shall burn indoors any garbage, plastic, styrofoam or other noxious material. 10. 30. 020 Period When Outdoor Burning is Authorized. After a permit is obtained from the Fire Chief, outdoor fires are authorized as follows: - A. Outdoor fires are permitted each year during April , May and September 15 to October 15, except that no outdoor fire shall be allowed on any day unless the ventilation index is over 400. The Fire Chief shall have the authority to extend the dates for outdoor fires beyond October 15, but not beyond November 1, for any year in which fire conditions do not allow burning during some or all of the period between September 15 to October 15. B. Outdoor fires are permitted on any day of the year the- ventilation index is over 400 if fire conditions are conducive to burning and the outdoor fire is for the purpose of: 1. Burning a structure or other use of fire for training purposes by the Fire Department or under the supervision of the Fire Department; 2 . Fire hazard reduction burning of debris in the wildfire hazard zone or Lithia Park if the Fire Chief determines the fire is the only feasible method to dispose of the debris. C. Religious fires are permitted on any day of the year after notice of the specific date to the Fire Chief and provided that all safety precautions required by the Fire Chief are met. During periods of extreme fire danger, notification to the Fire Chief shall be given at least six hours in advance of the religious fire. D. Campfires in areas designated by the Park Commission are permitted in Lithia Park on any day of the year except during periods of extreme fire danger. 10 30 030 Requirements for Permitted Fires. All outdoor fires permitted under this chapter shall comply with the following requirements. A. All fires shall conform with Article 11 of the Uniform Fire Code. B. ' Except for religious fires, all fires shall occur during daylight hours only and shall be extinguished prior to darkness unless continued burning is specifically authorized by the Fire Chief. C. All fires shall occur only in the presence of an adult person who shall constantly monitor the fire. 10 30 040 Permits Required. An outdoor fire permit is required for all outdoor fires authorized under this chapter. The Fire Chief shall have the authority to issue such permits. Except for religious fires the Fire Chief shall have the authority to establish and assess a fee for any necessary investigation, inspection .and processing of each permit. The fee shall not exceed the actual cost of the investigation, inspection and processing. A. Upon receipt of a request for a permit and .the required fee, the Fire Chief shall undertake whatever investigation deemed necessary. Based on this investigation, the Fire Chief shall approve the permit only when it is determined the fire does not constitute a hazard and that steps have been taken to assure reasonable public sa-fety. In addition, the Fire Chief may deny a permit for fires allowed under Section 10. 30. 020. B if it is determined that the debris proposed for burning has a high moisture content and would burn better after a period of aging. 10. 30. 050 Enforcement and Penalties. A. Any person, firm or corporation, whether as a principal agent, employee or otherwise, violating or causing violation of any of the provisions of this ordinance, has committed an infraction, --and upon conviction thereof, is punishable as prescribed in section 1. 08. 020 of the Ashland Municipal Code. Such person, firm or corporation is guilty of a separate violation for each and every day during which any violation of this Title is committed or continued by such person, firm or corporation. B. Outside burning without a permit is hereby declared to be .a public nuisance and may be summarily abated by the Fire Chief, Chief of Police, or their representatives. " SECTION 2 . Classification of the fee. The fee specified in Section 10. 30. 040 as set forth in Section 1 of this ordinance is classified as not subject to the limits of Section llb of Article XI of the Oregon Constitution (Ballot Measure No. 5) . 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 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 Ap roved as t/o/ form: Paul Nolte City Attorney d\c \nax d\ownbumM ti e a of �Nj : Ur _. Emvrttixixm April 15, 1992 oREGO� tom{ Brian Almquist, City Administrator r„ Steven Hall, Public Works DirectorJ�_ � (11 rom: V_ Sewer Rate, Transportation and �uUIECf: Storm Drain Utility Increase ACTION REQUESTED Based on the 1992-1993 Budget approved by the Budget Committee, the City Council: 1. adopt attached resolution raising sanitary sewer rates. 2 . adopt attached resolution raising transportation and storm . sewer utility fees. Resolution also revises and separates the bicycle utility fee to "Special Transportation Fee". 3. conduct first reading of an ordinance amending Chapter 4.26 of the Ashland Municipal Code broadening the application of fees for bicycle facilities to include pedestrian facilities and handicap access. 4 . conduct first reading of an ordinance amending and codifying the senior citizen utility discount. 5. adopt resolution setting low income senior citizen utility discount. BACKGROUND GENERAL With the establishment of the Sewer Fund as an enterprise fund, it is necessary to segregate the sanitary sewer rates and the storm drainage utility fees. In the past, the income was combined with a percentage of the total income applied to the storm drain fee. The effective date is set for July 1, 1992, rather than the usual June i, 1992 date, because of the lead time required to change the computer program. r Sewer Rate, Transportation and Storm Drain Utility Increase April 15, 1992 page 2 on March 30, 1992, the City Budget Committee approved the 1992-1993 Budget. The approved budget included sewer rate and transportation and storm drain utility fee increases to meet current needs. Some members of the City Council have expressed support for an annual rate increase based on a common index of inflation such as the Consumer Price Index (CPI) or the Engineering News Record Construction Cost Index (ENR) . The attached resolutions include an "automatic" increase of sanitary sewer rates and transportation and storm drain utility fees based on the ENR. SANITARY SEWER RATES The last sewer rate increase was in June, 1991. Repairs to the digester roof, inflation, one additional utility worker. and ongoing updating of the facilities are the primary factors requiring the proposed rate increase. The rate increase does not cover any of the requirements to upgrade the plant to the new Environmental Quality Commission standards. Staff will be presenting the final review of the two alternatives for Council consideration in late May or early June. We are required to submit Ashland's preferred alternative to the Department of Environmental Quality by September 1, 1992. I am assuming that a bond issue will be presented to the citizens of Ashland later this calendar year for the required improvements at the wastewater plant. The Public Works Subcommittee expressed concerns about the effect of this rate increase on the low income senior citizen. The recommendation of the Subcommittee was to make the low income senior citizen "whole" by increasing the discount to maintain the existing discounted rate. Sharon Laws indicated there were about 80 customers on the low income elderly utility discount. She also noted that she had about 10 inquiries this year compared to a normal 2 or 3 inquiries per year. Sewer Rate, Transportation and Storm Drain Utility Increase April 15, 1992 page 3 The attached ordinance and resolution will meet that request. Paul Nolte suggested that we place the rate structure in resolution form as all other fees and rates. The existing ordinance has been amended five times and was never codified. The new format will eliminate that complication in the future as the regulations will be codified and the discount rate put in resolution form. TRANSPORTATION AND STORM DRAIN UTILITY FEES With the removal of the Natural Gas and Telephone franchise fees from the street fund, it was necessary to propose a rate increase for these two fees to partially offset the loss of those revenues. The Street Fund is about $100,000 less than last year. In order to maximize the use of funds, the proposed budget recommended the conversion of the Bicycle Utility Fee to a Special Transportation Fee which would include construction of pedestrian, handicap access and bicycle facilities. SUMMARY 1. The Budget Committee has approved increases for the Sewer Fund, Transportation and Storm Utility Fees. 2 . Staff recommends approval of the sewer rate and utility fee increases, including an automatic inflation factor. 3 . Staff recommends approval of the reallocation of the Bicycle Transportation fee to cover sidewalks and handicap access. SMH:rm\PW\Relelm.. cc: Paul Nolte, City Attorney Jill Turner, Finance Director Encl: Rate Analysis Sheet Sewer Rate Resolution Transportation/Storm Sewer Utility Resolution Transportation Ordinance Senior Citizen Discount Ordinance Senior Citizen Discount Rate Resolution _ CITY OF ASHLAND DEPARTMENT OF FILM H WDRU 92-1991 FEE INCREASE SUMMARY ;LAST UPDATE = 15-Apr-72 ------------------------------------------------------------------------------------------------------------ I TEM SPECIFIC CURRENT PROPOSED PERCENT CURRENT CURRENT PROPOSED PROPOSED USE RATE RATC T"EREAHt I" LOW H� LOW LOW DISC H! DIS C .1 1 Is, �l �1� ------------------------------------------------------------------------------------------------------------ EF%ER R A-,T. ETMn C FAMILY RE ST DENTIA' $8,10, 9.i n, I 1.7 lj% $.5.Bg t�,�,Jp. 24.34% 33.24% SEWER RA T E C r HIT'N 1 UMIS $8.10 $9.10 12.-)5Z $6.8. 56.0E 24.34% 241 RATE,TE CANVERETMS TO CONDOMINIUMS $8.10 $9.1111 12.35% $6.89 $6.00 24.34% 33.M SEWER RATE MULTIPLE FAMILY RESIDENTIAL SEWER RATE MOR7LF HOOMIES, AND TRAILER'S $6.40 $7.20 12,j0%. $5.44 $4.80 14.44% 37.311% SEWER RATE COMMUNAL SLEEPING/DDRMA Tfil,l, SEWER RATE cir zA ��-F �. .I . $8.10 $9.10 174.357. SEWER RATE COST/10(j CF OVER 1000 CF $0.70 $0.79 12.861 SEWER RAT" COMMERCIAL AND INSTITUTIONAL SEWER. RATE BASIC PEE $8.10 MID 12.35% SEWER RATE ' "u-Q Till,00 CF OVER 101j0 CF $0,70 10.79 12.86% SEWER RATE CAN'-LRV ClJMP STATIONS $119,00 $2!.40 12.611% AVERAGE INCREASE = 11.711% NOTE: SINGLE FAMILY A FLAT FEE, ALL OTHERS PER 100 SA FT OF FLOOR AREA ---------------------------------------- ------------------------------- TRANSP'N FEE SlNbLE FAMILY RESIDENTIAL $1.00 $1.70 30,00% TRANSP'N FEE MULTIPLE FAMILY RESIDENTIAL $0.75 $1.00 33., TRANSP'N FEE RETAIL STORES $0.11 $0.17 36,00% TRANSP'N FEE WHOLESALE USERS $0.08 $0.10 33.731 TRANSP'N FEE OFFICE USERS $0.09 $11.12 30,91% TRANSP'N FEE MEDJlCAL!DENTAL USER'S $0.13 $0.16 18.00% TRANSP'N FEE SERVICE USERS $0.13 $0.16 28.00% TRANSP'N FEE RESTAURANT AND BARS $0.35 $0.46 31.431 TRANSP'N FEE MANUFACTURIN6 USERS $0.08 $0.10 33.33% TRANSP'N FEE WAREHOUSIN6 USERS $0.04 $0.06 44.00% TRANSP'N FEE HOTELS AND MOTELS $0.35 $0.46 31.437 TRANSP'N FEE OTHERS NOT CLASIFIED ABOVE $0.35 0.46 31.43% AVERAGE INCREASE = 3I.60z SPECIAL TRANSP Sllka- FAMILY RESIDENTIAL $0.20 $0.20 0.00x SPECIAL TRANSP MM-+TOLE FAMILY RESIDENTIAL $0.15 $0.15 0.00% SPECIAL TRANSP FET" STORES $0.02 0.02 0.00% SPECIAL TRANSP 41H 01 S A.L E US E R 5 $0.02 $0.02 0.00%. SPECIAL TRANSP OFFICE USERS $0.02 $0.02 0.001 SPECIAL TRANSP MEDICALIDPIN'TAL USERS $0.01 $0,02 0.00% SPECIAL TRANSP URVICE USERS $0.02 $0.02 A"001 SPECIAL TRANSP RcqTp.,'IRANT AND BARS S0.07 $0.07 0.00% SPECIAL TRANSP MANUFACTURING USERS $0.02 $0.02 0.001 SPECIAL TRANSP 'AARFUr..UjCINS USERS $0.01 $O.Oi OIAO% SPECIAL TRANSP HOTELS AND MOTELS $0.07 $0.07 0.001 SPECIAL TRANSP OTHERS NOT CLASIFIED ABOVE $0.07 $0.07 0100% AVERAGE INCREASE ti CIT1` OF ASHCAN! DEPARTMENT OF PUBLIC WORKS 1992-1993 FEE INCREASE SUMMARY ' LAST UPDATE = 154pn92 ------------------------------------------------------------------------------------------------------------ ITEM SPECIFIC CURRENT PROPOSED PERCENT CURRENT CURRENT PROPOSED PROPOSED USE ATE SE? 151 LOW 251 i 5W DEC N:I DISC L_- RATE R... INCREA _ _. W �W _±+ ➢L,, ------------------------------------------------------------------------------------------------------------ RESIDENTIAL FLAT RATE PER UNi? ALL OTHER E PUS .. FER 100 CF OF WAHR. USED DER i000 CF STORM DRAIN SINSLE FAMIL", RESIDENTIAL $1.00 $1.50 50.00; STORM DRAIN CONDOM1INIUMS $1.00 $1.50 50.001. STORM DRAIN CONVERSIONS TG CONDOMINIUMS $1.00 $1.50 50.001 STORM DRAIN MULTIPLE FAMILY RESIDENTIAL $1.00 £1.50 50.001 STORM DRAIN MOBILE HOMES AND TRAILERS $1.00 $1.50 50.001 STORM DRAIN COMMUNAL SLEEPING/DORMATORIES STORM DRAIN BASIC FEE $1.00 $1.50 50.001 STORM DRAIN COST1100 IF OVER 1000 CF $0.10 $0.15 50.001 STORM DRAIN COMMERCIAL AND INSTITUTIONAL STORM DRAIN BASIC FEE $1.110 $1.50 50.001 STORM DRAIN COST/100 CF OVER 1000 CF $11.10 $0.15 50.001 AVERAGE INCREASE = 50.00:; -------------------------------------------------=---------------------- t RESOLUTION NO. 92- A RESOLUTION ADOPTING A SEWER RATE SCHEDULE PURSUANT TO SECTION 14.08.035 OF THE ASHLAND MUNICIPAL CODE. THE MAYOR AND CITY COUNCIL OF THE CITY OF ASHLAND DO RESOLVE AS FOLLOWS: SECTION 1. The "Sewer Rate Schedule" marked Exhibit "A" -and attached to this Resolution is adopted as the sewer user rates. 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 rates adopted pursuant to this Resolution shall be effective for water meter readings on or after July 1, 1992 . SECTION 4 . The rates adopted on Exhibit"A" shall be increased annually on July 1st, based on the Engineering News Record Construction Cost Index (ENR) . The City Administrator will provide the City Council with a review of the rate structure with the 1995-1996 budget. The initial ENR is established at 4927 . SECTION 5. That the above fee is not subject to the limits of section ilb of Article XI of the Oregon Constitution.. SECTION 6. Resolution 91-11 is repealed upon the effective date of this Resolution. The foregoing Resolution was READ and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland on the 21st Day of April, 1992. Nan E. Franklin, City Recorder SIGNED and APPROVED this day of April, 1992. Catherine M. Golden, Mayor E X H I B I T "A" C I T Y O F A S H L A N D, O R E G O N S E W E R R A T E S C H E D U L E S RESOLUTION NO. 92- ADOPTED APRIL 21, 1992 EFFECTIVE DATE JULY 1, 1992 All sewer service provided by the City of Ashland will be in accordance with Chapter 14.08 of the Ashland Municipal Code. 1. SEWER RATES WITHIN THE CITY LIMITS A. Single Family Residential $9. 00 per month B. Condominiums $9. 00 per month per unit C. Conversions to Condominiums $9.00 per month per unit D. Multiple Family Residential $7.10 per month per unit E. Mobile Homes and Trailers $7. 10 per month per unit F. Communal sleeping facilities Same as 1.G. , below e.g. Dormitories, fraternities; sororities or boarding houses G. Commercial and Institutional $9. 00 per month plus $0.80 per 100 cubic feet of the current amount of water consumption in excess of 1,000 cubic feet. 2. SANITARY DUMP STATIONS WITHIN THE CITY LIMITS Units providing sanitary dumps $21.00 per month for recreational vehicles in addition to other regular fees 3 . INDUSTRIAL SEWER RATES WITHIN THE CITY LIMITS A. Industrial uses are defined in Section 35.905-18 of the Federal Register, Volume 38, Number 98. B. Rates will be calculated in accordance with Section 35.935-13 of the Federal Register, Volume 38, Number 98. C. An agreement shall be entered into between the industrial user and the City of Ashland for the recovery of capital costs in accordance with Section 35.938 of the Federal Register, Volume 38, Number 98. SEWER RATES EXHIBIT •A° PAGE 2 4 . MULTIPLE OR MIXED-USE SEWER RATES WITHIN THE CITY LIMITS A. The monthly sewer user charge shall be the total -of the several sewer user charges for each business or activity computed separately. 5. ADJUSTMENTS AND EXEMPTIONS TO COMMERICAL AND INDUSTRIAL SEWER RATES A. If a commercial or industrial user can demonstrate that the volume of sewage discharged by the user is less than 50% of the water consumed, the City Administrator may adjust the sewer user charge accordingly. . B. Water sold through an irrigation meter is exempt from sewer user charge. 7 . SEWER RATES OUTSIDE THE CITY LIMITS A. The sewer user charge shall apply to those sewer users permitted under Section 14. 08.030 of the Ashland Municipal Code. B. The sewer rates for outside the city limits shall be two (2) times the sewer charges for inside the city limits. a RESOLUTION NO. 92- A RESOLUTION ADOPTING A TRANSPORTATION AND STORM DRAIN UTILITY RATE SCHEDULE PURSUANT TO SECTION 4.26.020 OF THE ASHLAND MUNICIPAL CODE. THE MAYOR AND CITY COUNCIL OF THE CITY OF ASHLAND DO RESOLVE AS . FOLLOWS: SECTION 1. The "Transportation and Storm Drain Utility Rate Schedule" marked Exhibit "A" and attached to this Resolution is adopted as the transportation and storm drain user fees. SECTION 2 . The rates adopted on Exhibit "A" shall be increased annually on July 1st, based on the Engineering News Record Construction Cost Index (ENR) . The City Administrator will provide the City Council with a review of the rate structure with the 1995-1996 budget. The initial. ENR is established at 4927. SECTION 3 . 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 4 . The rates adopted pursuant to this Resolution shall be effective on or after July 1, 1992. SECTION 5. That the above fee is not subject to the limits of section lib of Article XI of the Oregon Constitution. SECTION 6. Resolutions 90-13 (Handicap Access) , 91-11 (Storm Drain Fees) and 89-49 (Street Utility Fee) are repealed upon the effective date of this Resolution. The foregoing Resolution was READ and DULY ADOPTED at a regular . meeting of the City Council of the City of Ashland on the 21st Day of April, 1992 . Nan E. Franklin, City Recorder SIGNED and APPROVED this day of April, . 1992 . Catherine M. Golden, Mayor . t E X H I B I T "A" C I T Y O F A S H L A N D, O R E G O N T R A N S P O R T A T I O N A N D S T O R M D R A I N U T I L I T Y R A T E S C H E D U L E S RESOLUTION NO. 92- ADOPTED APRIL 21, 1992 EFFECTIVE DATE JULY 1, 1992 All in accordance with Chapter 4. 26 of the Ashland Municipal Code. 1. TRANSPORTATION UTILITY FEES A. Single Family Residential $1.30 per month B. Multiple Family Units $1.00 per month C. Retail Stores $0. 17 per mo per 100 sq ft D. Wholesale Users $0.10 per mo per 100 sq ft E. Office Users $0. 12 per mo per 100 sq ft F. Medical/Dental Users $0. 16 per mo per 100 sq ft G. Service Users $0. 16 per mo per 100 sq ft H. Restaurants and Bar Users $0.46 per mo per 100 sq ft I. Manufacturing Users $0. 10 per mo per 100 sq ft J. Warehousing Users $0. 06 per mo per 100 sq ft K. Hotel and Motel Users $0.46 per mo per 100 sq ft L. Institutional and all $0.46 per mo per 100 sq ft others not classified above. NOTE: Users within the Downtown Overlay District shall be charged on the same basis as elsewhere within the City. The minimum fee for any account shall be $1. 30 per month. 2 . SPECIAL TRANSPORTATION UTILITY FEES A. Single Family Residential $0. 20 per month B. Multiple Family Units $0. 15 per month C. Retail Stores $0.03 per mo per 100 sq ft D. Wholesale Users $0.02 per mo per 100 sq ft E. Office Users $0.02 per mo per 100 sq-- ft F. Medical/Dental Users $0.03 per mo per 100 sq ft G. Service Users $0. 03 per mo per 100 sq ft H. Restaurants and Bar Users $0. 07 per mo per 100 sq ft I. Manufacturing Users $0. 02 per mo per 100 sq ft J. Warehousing Users $0.01 per mo per 100 sq ft K. Hotel and Motel Users $0.07 per mo per 100 ' sq ft L. Institutional and all $0.07 per mo per 100 sq ft others not classified above. NOTE: Users within the Downtown Overlay District shall be charged on the same basis as elsewhere within the City. The minimum fee for any account shall be $0.20 per month. 3 . STORM DRAIN UTILITY CHARGES WITHIN THE CITY LIMITS A. Single Family Residential $1. 50 per month B. Condominiums $1.50 per month per unit C. Conversions to Condominiums ' $1.50 per month per unit D. Multiple Family Residential $1.50 per month per unit E. Mobile Homes and Trailers $1. 50 per month per unit F. Communal sleeping facilities Same as 1.G. , below e.g. Dormitories, fraternities, sororities or boarding houses G. Commercial and Institutional $1. 50 per month plus $0. 15 per 100 cubic feet of the current amount of water consumption in excess of 1,000 cubic feet. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 4.26 OF THE ASHLAND MUNICIPAL CODE CONCERNING THE USE OF TRANSPORTATION UTILITY FEES. THE PEOPLE OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The last sentence of Section 4 . 26.010 of the Ashland Municipal Code is hereby amended to read as follows: "The Council further finds that ped stria...... cslftes; 3nclu�an ...... ncT3rep acees atid: bicycle gatke fci �ies ; are alse an ntegral and essential part of the transportation network and that a portion of such funds may also be used for construction of pec3estraan. facilities_„including 1 P., cap. BGCeSS7TCT bikeways bxOe8b �.. Gj QS either within or adjacent to existing public streets, or off of public streets. ” SECTION 2 . The second sentence of Section 4 .26.020 of the Ashland Municipal Code is hereby amended to read as follows: "Such fees: shall be established in such amounts which will provide sufficient funds to properly maintain local streets and provide for pedestria ng n facilities includi Yandca access acid �� bicyleac�l3ts throughout the City. " SECTION 3 . The last sentence of Section 4. 26. 020 of the Ashland Municipal Code is hereby amended to read as .follOws: "The City Council may from time to time by resolution change the fees based upon revised estimates of the cost of roperly maintaining local streets and construc P ting pedestz�.art �ac3i�.���s .�i1��.�d�ng harad�.c�ip a�a�s� axed �kewa�s bicycle faeil�ts revised categories of developed use, revised traffic generation factors, and other factors. " SECTION 4 . The second sentence of Section 4.26.030 of the Ashland Municipal Code is hereby amended to read as follows: "Such revenues shall be used for the purposes of the operation, administration, and maintenance of the local street txansportat�.Oxt network of the City and for the-- construction of pedesr3an facilitas anc3udir�g hander access aii b-i-kewa bicycle fac lit es. " SECTION 5. The last sentence of Section 4 .26. 030 of the Ashland Municipal Code is hereby amended to read as follows: "All funds collected pursuant to the provisions of this Chapter i operation, administration and maintenance of streets cr►eted as tle "Transppt#t 'for pedian fac�latiejs �ncluding..I adioap . pq and for beiaay yce :facts construction de3gt� es tkt±'Speciaanspartat�.on.�;t�t2 lxlty Feed';;. SECTION 6. The last sentence of Section 4. 26. 090 of the Ashland Municipal Code is hereby amended to read as follows: "The fees paid and collected by virtue of this Chapter O the A"hland; Munleipal a shall not be used for general or other governmental proprietary purposes of the City, except to pay for the equitable share of the cost of operation, administration and reconstruction of the local s`____`_ transportation network of the City and the construction of pe�leskxiariEae�laes rilud3ng handcAp aces: ar w bicycle faculties, and costs incidental thereto. " SECTION 7. That the above fee is not subject to the limits of section llb of Article XI of the Oregon Constitution. The foregoing ordinance was first read on the 21st day of April, 1992 , and duly PASSED and ADOPTED this day of May, 1992 . Nan E. Franklin, City Recorder SIGNED and APPROVED this day. of May, 1992 . Catherine M. Golden, Mayor ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 14.041 14.08 AND 14.16 OF THE ASHLAND MUNICIPAL CODE PROVIDING A PROGRAM OF UTILITY DISCOUNTS FOR LOW INCOME SENIOR CITIZENS AND REPEALING ORDINANCES 1747, 1766, 1860, 1884, 1972, 2054 AND 2062 . WHEREAS, the burden of meeting living expenses falls heavily upon low income senior citizens subsisting on limited incomes, which have not kept pace with the rising costs of. providing municipal services; and WHEREAS, the City Council believes that low income senior citizens should be given some relief from this burden by means of a discount on the water, sanitary sewer and electric utilities provided by the City of Ashland; NOW, THEREFORE, THE PEOPLE OF THE CITY OF ASHLAND ORDAIN AS FOLLOWS: SECTION 1 Utility Discounts for Senior Citizens. There is hereby enacted a Senior Citizen Utility Discount Program, the purpose of which is to reduce the monthly amount under the Ashland Municipal Code and various rate resolutions for water, sanitary sewer and electric service, to low income senior citizens. SECTION 2 . Add to Chapter 14 . 02 of the Ashland Municipal Code: "Section 14 . 02. 015 Senior Citizen Discount. A. To qualify for the senior citizen discount, a person must be 65 years of age or disabled and 60 years of age and the total household income shall not exceed the Federal Community Services Administration poverty guidelines. B. The senior citizen discount shall apply only to the applicant's residence. .C. A senior citizen desiring to receive a utility discount must submit an initial application to the City on forms provided by the City. . In order to maintain continuous qualification for such discount, the senior citizen shall, not later than June 30th of each ensuing year, file an annual application for renewal on forms provided by the City. The City Administrator, or authorized designee, shall determine whether the applicant meets the qualifications and requirements of the City. D. In special hardship cases, a committee of two (2) City Council members and the Senior Program Director, may recommend the City Administrator grant exemptions to the foregoing income limitations where the circumstances justify such exemptions. " SECTION 3 . Amend the first sentence of Sections 14 . 04.030, 14. 08 .035 and 14. 16. 030 of the Ashland Municipal Code is hereby amended by inserting the following words between the words "schedules" and "shall": "�e� senior'c��sc#unt rats" SECTION 4 . Ordinances 1747, 1766, 1860, 1884 , 1972, 2054 and 2062 are hereby repealed upon the effective date of this ordinance. The foregoing ordinance was first read on the 21st day of April, 1992, and duly PASSED and ADOPTED this day of May, 1992 . Nan E. Franklin, City Recorder SIGNED and APPROVED this day of May, 1992. Catherine M. Golden, Mayor RESOLUTION NO. 92 A RESOLUTION ADOPTING A SENIOR CITI2EN UTILITY DISCOUNT PURSUANT TO SECTIONS 14.04.030, 14.08.035 AND 14. 16.030 OF THE ASHLAND MUNICIPAL CODE. THE MAYOR AND CITY COUNCIL OF THE CITY OF ASHLAND Do RESOLVE AS FOLLOWS: Section 1 Senior Citizen Utility Discount. . If the applicant has met all of the requirements of the Ashland Municipal Code, the City shall, beginning with the next billing cycle after the date of the application, discount the total amount billed for water, sewer and electric service, not including connect fees, reconnect fees and similar charges. The amount of discount for the applicant's own residence shall be twenty-five percent (25%) for water and electric bills and thirty-three percent (33%) for sewer bills if the applicant's household income does not exceed the poverty guidelines of the Federal Community Services Administration, or fifteen percent (15%) for water and electric bills and twenty-four percent (24%) for sewer bills if the applicant's household income does not exceed one hundred twenty- five percent (125%) of the poverty guidelines of the Federal Community Services Administration. In special hardship cases, a committee of two (2) Council members and the Senior Program Director, may grant exceptions to the foregoing income limitations where the circumstances justify such exceptions. " SECTION 2 . The effective date of this resolution is July 1, 1992 . SECTION 3 . Three (3) copies of this Resolution shall be maintained in the office of the City Recorder and shall be available for public inspection during regular business hours. The foregoing Resolution was READ and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland on the 21st Day of April, 1992. Nan E. Franklin, City Recorder SIGNED and APPROVED this day of April, 1992 . Catherine M. Golden, Mayor RESOLUTION NO. A RESOLUTION RATIFYING THE REWARD RESOLUTION ADOPTED BY THE COUNCIL AT ITS SPECIAL MEETING ON APRIL 14, 1992. RECITALS: A. On April 14, 1992, a special meeting of the council was called for the purpose of adopting a resolution to establish a reward fund for the apprehension and conviction of the person or persons responsible for the damage to the Catalina Medical Clinic. B. The Ashland Municipal Code, §2. 04 . 110, requires that written notice of the time and place of the special meeting and the subjects to .be acted upon shall be delivered in writing to the council members and the Mayor 36 hours in advance of the meeting. C. All council members and the Mayor received 36 hours notice of the time and place of the special meeting and the subject to be acted upon, but not in writing. All members of the council and the Mayor were present and the resolution was adopted by unanimous vote. THE MAYOR AND CITY COUNCIL OF ASHLAND RESOLVE AS FOLLOWS: SECTION 1. The action of the council adopting Resolution No. 92- 14 without having 36 hours written notice is hereby ratified and the resolution is validated as adopted. 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 1992 . Nan E. Franklin, City Recorder SIGNED and APPROVED this day of , 1992 . Catherine M. Golden, Mayor Ap oved s o form: Paul Nolte, City Attorney (d\council\rosos92\ref ify.r") RESOLUTION .92- A RESOLUTION DIRECTING NOTICES OF PROPOSED ASSESSMENTS BE SENT TO THE OWNERS OF PROPERTY IN LOCAL IMPROVEMENT DISTRICT NO. 64 AND SETTING A PUBLIC HEARING TO CONSIDER OBJECTIONS. WHEREAS, The City Council has received the proposed assessments on Local Improvement Districts 64 ; and WHEREAS, Section 13 .20. 110 of the Municipal Code requires the Council, to direct the mailing. of notices to the owners of affected properties regarding the proposed assessments. NOW, BE IT RESOLVED by the City Council of the City of Ashland as follows: SECTION 1. The City Recorder is directed to mail or personally deliver to the owners of each affected property in LID 64 as shown on the latest tax roles, a notice containing the information set forth in A.M.C. Section 13 .20. 110 (2) . SECTION 2 . The Council calls a public hearing for May 5, 1992 at 7: 30 p.m. in the Civic Center, 1195 East Main, to consider written objections, if any, to the proposed assessments. This Resolution was READ and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland on the day of 1992 . Nan Franklin City Recorder SIGNED and APPROVED this day of , 1992 . Catherine M. Golden Mayor H:\pamp\naMlid\res ,40FASN�Z. � �emoxttn � � m r April 9, 1992 OREGO., Jill Turner, Steve Hall, Nan Franklin r James H. Olson, Assistant .City Engineer (29 rom: +_ Final Report and Assessment Rates 11QjQ : for Lori Lane and Peachey/Paradise Sewer The final assessment costs for Lori Lane has been computed as follows: 1. Construction Costs (L.T.M. , Inc. ) $28, 085. 68 2. Publication Costs-Journal of Commerce 153 .15 (1/2) Mail Tribune 128.81 (1/2) 3. Adee Landscaping 320.00 . 4 . Interest 875. 00 5. Engineering (5% of construction) 1 , 404 . 28 TOTAL $30 , 967 . 52 Assessable Front Footage = 789.74 feet Proposed Assessment Rate $39 . 21 Attached are the proposed assessments per lot for each of the owners within the assessment district. The estimated rate of assessment was $35.00 per frontage foot. Additional sidewalk as ordered by the City Council accounted for the extra $4.21 per foot of assessment. The engineering payback was reduced to account for this overage. The final assessment costs for the Peachey/Paradise Sanitary Sewer Assessment District are as follows: 1. Construction Costs (Valley Excavation) $50, 237. 30 2. Publication costs. - Daily Tidings 264 . 60 Journal of Commerce 276.75 - Mail Tribune 240.45 3. Interest 900.00 4 . Engineering (10% of construction) 5 . 023 .73 TOTAL $56 , 942 . 83 Final Report and Assessment Rates for Lori Lane and Peachey/Paradise Sewer April 9 , 1992 page 2 It has been agreed that the assessment for the Peachey/Paradise District be upon potential service connections derived from zoning density requirements. Following is a summary of development potential: Map No. Lot No. Lot Area Zoning Potential Lots 391E150 200 39,813 S.F. R-1-10* 3 " 300 18,705 S.F. " 1 " 400 21,780 S.F. " 2 " 500 40,450 S.F. " 4 " 600 40,414 S.F. " 4 " 700 60,069 S.F. 4 " 701 12,375 S.F. 1 " 702 12,375 S.F. R-1-10 1 " 900 23,000 S.F. RR-.5** 1 - " 901 22,215 S.F. " 1 " 902 56,190 S.F. " 2 " 903 23,336 S.F. " 1 " 1000 29,511 S.F. " 1 - " 1001 9,600 S.F. " 1 " 1100 69,390 S.F. 3 i 1101 23,000 S.F. " 1 391E15D - 1102 46,086 S.F. " 2 TOTAL 33 Lots or Potential Lots * 10,000 s.f. minim lot size '• 21,780 s.f. (1/2 acre) minim lot size The total project cost of $56,942 . 83 applied to the 33 potential lots in the district allows for a per lot rate of $1,725.45. This rate compares very favorably with the published rate of $2 ;455. 20 ($729. 66 less) . The heavy bidding pressure on this project brought about some very competitive unit prices which resulted in a bid which was considerably less than the engineer's estmate. The attached proposed assessment sheet shows the computed assessments for each lot in the district. Attached are assessment district maps and improvement ordinances. 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C � � � •LL Q 4 Ga L� � i-a •i► lll. April 13, 1992 �4EO�a Mayor and City Council r Steven Hall, Public Works Director J`J ram: Transportation Planning -- Jackson-Josephine Transportation Committee ACTION REQUESTED City Council adopt the attached resolution endorsing a newly defined role for JJTC. BACKGROUND Over four years ago, a group of elected and appointed officials began discussing the need to provide a united front to the Oregon Department of Transportation (ODOT) for ODOT's Six-Year Highway Plan. The initial effort included Jackson County and all cities in Jackson County. About a year later, JJTC decided to try to expand and include Josephine County and the Cities of Josephine County. That effort was successful and constitutes the current JJTC. JJTC has been reasonably successful in presenting the needs of the two counties to ODOT and improving our "share" of state transportation funds. In late 1991, JJTC realized that we needed to find "political muscle" to strengthen our proposals to ODOT. That was the beginning of the Transportation Advocacy Committee (TRADCO) . TRADCO is composed of business and political individuals with a keen interest in transportation. These individuals are or will become recognized at the State level because of their committment to transportation in the Rogue Valley and involvement at the State level. 0 Transportation Planning -- Jackson-Josephine Transportation Committee April 13, 1992 page 2 The relationship between JJTC, TRADCO and the Rogue Valley Council of Governments (RVCOG) needed to be integrated. Federal law establishes a Metropoliitan Planning Organization (MPO) through the local regional planning agency (RVCOG) . In Jackson County, the MPO is composed of the cities of Medford, Central Point, Phoenix, and a portion of urbanized Jackson County is included. The MPO does not include other cities in Jackson County or all of Josephine County because of the federal definition of urbanized areas. Greg Williams currently serves as Ashland' s representative on TRADCO and I hope to have an appointment from the Ashland Transportation Policy Advisory Committee (TPAC) . As a result of those three major issues, discussions began between TRADCO, JJTC, MPO and RVCOG to form a single alliance to speak for the Jackson and Josephine County areas on transportation issues. The first step of that alliance is the attached resolution presented for your consideration. After reading this memorandum, you also receive an honorary non- credit degree in "Transportation Alphabet Soup-101111 Staff recommends approval of the attached resolution. SUMMARY 1. City Council has endorsed the Jackson-Josephine Transportation Committee by resolution. 2 . City Council has acknowledged the Transportation Advocacy Committee by appointing Councilor Greg Williams as Ashland's representative. 3. The attached resolution is the next step in providing a united voice to the Oregon Department of Transportation on transportation issues. 4 . Staff recommends approval of the attached resolution. SMH:rmNirrca...� cc: John Fregonese, Planning Director Transportation Policy Advisory Committee Traffic Safety Commission Bicycle Commission . Encl: Resolution w/Exhibit "A" - 0 RESOLUTION NO. 91- RESOLUTION DEFINING THE ROLE OF THE JACKSON-JOSEPHINE TRANSPORTATION COMMITTEE (JJTC) IN TRANSPORTATION PLANNING, ADVOCACY, AND COORDINATION FOR THE TWO-COUNTY AREA. WHEREAS, the JJTC was formed to review and comment on major transportation issues, plans and projects including, but not limited to, the Oregon Department of Transportation' s Six-Year Plan updates; and WHEREAS, there is a need to define the role of the JJTC in relation to other groups involved in transportation planning; now, therefore, THE CITY COUNCIL OF THE CITY OF ASHLAND DOES RESOLVE AS FOLLOWS: SECTION 1. That the City of Ashland endorses the role of the Jackson-Josephine Transportation Committee in transportation planning, advocacy and coordination for the two county area as shown on Exhibit "A" attached hereto and incorporated herein by reference. This Resolution was READ and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland, Oregon on the day of , 199_. Nan E. Franklin City Recorder SIGNED and APPROVED this day of , 199_. Catherine M. Golden Mayor r\dM\tredw.rr EXHIBIT W IDS OF COMMMCATION FOR TRANSPORTATION PIANNING GROUPS RVCOG MPO Board Board 7RADOD ti ti y y �- JJTC � MFO TAC RVCOG BOARD - Rogue Valley Council of Governments - Reviews and ratifies actions of JJTC Provides direction and feedback to JJTC Jim - Jackson Josephine Transportation Committee - As presently constituted (tedrmocrats, primarily public works and engineering) - Coordinate regional transportation plans - Consens-us View for input to ODOT's 6-Year Plan - Coordinate/upgrade agencies equipment sharing, maint ktnoe efforts, etc. MPO BOARD - Metropolitan Planning Organization A sub-set of RVCOG ccrgx sed of Central Point, Medford, Phoenix, Jackson County, RVTD, and ODOT Mandated by Federal guidelines Review and ratifies actions of MPO TAC MPO TAC - Metropolitan Planning Organization Technical Advisory Committee As presently constituted (taohnccrats, primarily planners and engineers) Formulates transportation plans for the MPO area TRADOD - Transportation Advocacy Committee - Open membership - Use political and social influence to achieve the regional transportation goals formulated by JJTC and ratified by RVCOG BOARD - Provide feedback to RVCOG BOARD and JJTC RVODG STAFF - Provides support staff and liaison to above with technical assistance as appropriate from member entities. ASHLAND FIRE DEPARTMENT MEMORANDUM April 15, 1992 TO Mayor Cathy Golden and City Council FROM Keith E. Woodley, Fire Chief SUBJECT Fire Apparatus Procurement Levy The Capital Equipment Replacement Program of the City only recently has included planned replacement of the fire department's pumping apparatus. Current monies within our capital equipment replacement fund are allocated for the replacement of our medic and brush units, which are at present, in very poor condition. On an industry-wide scale, fire engines normally experience a twenty year life expectancy. The City's experience has paralleled this 'trend as rising maintenance costs, unavailability of parts, poor reliability and new safety requirements have pressed the. need to upgrade fire apparatus. In this regard, fire apparatus is like any other piece of major equipment the City owns and maintains. It is proposed that the city create a three-year serial levy to generate funds necessary to replace the 1962 GMC and 1973 Seagraves fire engines. This would then be accomplished in 1993 and 1995, respectively. The remaining pumper, a 1981 Seagraves, would not be considered until some time after the year 2001. The serial levy would generate revenue of up to $220,000 .annually each of the three years for a total of $600, 000. Assuming a first year levy of $180, 000, the 1992-93 tax rate is estimated to be 21. 05 cents per thousand dollars of assessed value, based on a projected valuation of $855,000,000. The action .requested of Council at this time is to adopt a resolution calling for an election on June 30, 1992 . cc: Brian L. Almquist Jill Turner Paul Nolte h:\temp\flree1ec C I T Y O F A S H L A N D C I T Y H A L L ASHLAND,OREGON 07520 i<iepnone loch 5031 a97J211 February 11, 1992 Rogue Valley Transit District 3200 Crater Lake. Avenue Medford, OR 97504 Attention: Michael Sweeney, Chair Dear Mr. Sweeney: The City of Ashland is proposing a three-year serial levy to be presented to'our voters in May 1992. This levy would generate revenue of up to $220,000 annually, with a maximum amount of $600,000 over the three year period. The City is proposing that the levy be staged in increments of $180,000; $200,000 and $220,000 for the next three years. Assuming a first year levy of $180,000 the 1992-93 tax rate is estimated to be 21.05 cents per thousand dollars of assessed value, based on a projected valuation of $855,000;000. The total City Tax rate subject to the constitutional 6% limitation is $2 .77 . Based on the 1991-92 assessed valuation of $834 ,707,420, the total tax rate subject to the Ballot Measure 5 ten dollar limitation is $2.8361. This total is also below the $4 .774 authorized in our Charter and projected at the County-wide tax coordination meeting held in December of 1991. The purpose of this levy is to finance the replacement of fire apparatus. The City Council of Ashland has scheduled a special public hearing for the purpose of communicating the effect of the proposed increase in current tax levy authority on other units of local government as required by ORS 130. 186.. The hearing will be held on Tuesday, February 18, 1992, at 7:3Q P.M. , in our Council Chambers at 1175 East Main Street. If you do not wish to attend the public hearing, we would appreciate a written response from your agency prior to the date of public hearing. Sincerely, Jill Turner Director of Finance cc: Mayor and Council Keith Woodley BEFORE THE CITY COUNCIL OF THE CITY OF ASHLAND, OREGON In the matter of seeking electoral ) approval for an increase in the tax ) levy for the purchase of fire fighting ) CERTIFICATION apparatus for the City of Ashland Fire ) Department. ) To the Jackson County Clerk: The City Council for the City of Ashland, certifies to the Jackson County election officer, pursuant to ORS 310. 188, that the City Council has complied with the requirements of ORS 310. 180 to 310. 188. The foregoing certification was READ and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland on the day of 1992 . Nan Franklin City Recorder SIGNED and APPROVED this day of 1992 . Catherine. M. Golden Mayor (p:wd\fim1*yy.cr - RESOLUTION 92-_ A RESOLUTION CALLING AN ELECTION ON THE 30TH DAY OF JUNE, 1992 , IN THE CITY OF ASHLAND FOR THE PURPOSE OF SUBMITTING TO THE LEGAL .VOTERS OF THE CITY A MEASURE AUTHORIZING A THREE-YEAR SERIAL LEVY TO PURCHASE TWO FIRE ENGINES. BE IT RESOLVED BY THE CITY OF ASHLAND AS FOLLOWS: Section 1. A general election is hereby called to be held in the City of Ashland, Oregon, on the 30th day of June, 1992 , from 7 :00 a.m. to 8:OO p.m. , at which Election there shall be submitted to the legal voters of said City for their adoption or rejection the following proposed measure, to wit: NOTICE OF MEASURE ELECTION CITY OF ASHLAND NOTICE is hereby given that on Tuesday, June 30, 1992, an election will be held in the City of Ashland, Jackson County, Oregon. The election will be by mail. All ballots must be mailed or delivered to the Jackson County clerk prior to 8: 00 p.m. The following shall be the ballot title for the measure submitted to the electors thereof: Caption: Three-year serial levy to purchase two fire engines. Question: Shall City of Ashland levy $220,000 each year for three years outside the tax base, for fire engines beginning 1992-93? Explanation: The City of Ashland needs to replace two fire engines, model years 1962 and 1973 . The levy would vary from $180,000 to $220,000 over the three years. This serial levy would provide up to $220, 000 per year and raise a total of $600, 000 over the three-year period. The estimated tax rate would be 25.73 cents per thousand or $38. 60 annually on a $150, 000 home. This levy would be outside the 6% limitation as imposed by Section II, Article XI of the Oregon Constitution. This levy is subject to the other governmental purposes limit of Section ilb; Article XI of the Oregon Constitution. Section 2 . That the City Recorder is hereby requested and directed to give due notice of such special election hereby called as provided in the laws of the State of Oregon and the Charter and Ordinances of the City of Ashland, Oregon. Section 3. For the purposes of this election, the polling places shall be as directed by the Jackson County Clerk. 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 1992 . Nan E. Franklin, City Recorder SIGNED and APPROVED this day of 1992 . Catherine M. Golden, Mayor A�rove�s to form: -�'"'l qLy!�� Paul Nolte, City Attorney JOHN W. NICHOLSON 1575 GREENYEADOWS WAY ASHLAND,OREGON 97520 April 8, 1992 To the Mayor and Members of the City Council City of Ashland, Oregon Re: Draft Lease with MASA for Mount Ashland Ski Area Comments on the draft (dated 4-3-92) lease between the City of Ashland (Lessor) and Mt. Ashland Ski Area, Inc. (Lessee) follow: Section 2 . 1 . 6 . 1 . - Is the minimum liquidation value of $ 275,000 adequate if this is intended to protect the City from the financial risks of restoring Mount Ashland to Forest Service requirements? The Environmental Assessment for Mount Ashland Ski Area Restor- ation 3 (April 1992) indicates costs as high as $ 443 ,000. (A U. S. Forest Service document] Section 2_2 - What good is the "hold harmless" clause in this section. To start off, MASA is undercapitalized. Prospects for MASA' s becoming financially strong are not propitious . Shouldn 't the lease provide that the organizers of MASA, as indiv- iduals , be required to also provide "hold harmless" guarantees in order to protect Ashland taxpayers from potential obligations? Why not also require that MASA provide a bond to cover contingent liabilities of the City? Section 4 - The consideration of $ 1 .00 per year is not adequate. To sustain the deductibility of donor 's contributions for income tax purposes, those monies must be used exclusively for public purposes . Though the donors gave the funds for the purpose of' having the City purchase Mount Ashland assets , they are taxpayers ' monies. The ' Council has a responsibility to administer those funds in as prudent • manner as other City funds . Taxpayers' monies must be invested in • payoff, not just spent without hope of return. The rent should be based on the fair value of the assets . If the City wants to grant annual subsidies to MASA equivalent to that fair value, I presume the City can do so. The $ 1 .00 per year ren- tal is an "off-budget" subsidy by the City to MASA. Why not put both the rental revenue and the subsidy into the City' s annual budgets and have the subsidy subjected to annual reviews? Furthermore, Council members periodically comment that they should not make com- mitments for future Councils to honor. Isn ' t the $ 1 .00 per year lease subsidy such a commitment? MASA Lease Comments of J. W. Nicholson - 4-6-92 Section 5 - As the City will have title to all present and future buildings, structures, facilities , and improvements in the Mount Ashland ski area, what steps has the City taken to implement its stewardship responsibilities for those assets? Section 7 - Shouldn ' t this section also include a provision that .the lessee must maintain all safety procedures that are necessary to minimize the risks of accidents to skiers? It is my understanding that when a ski area gets into financial difficulties , one of the first places that costs are cut is in safety protection. Cuts in safety precautions could expose the City to undue liability risks from accidents to skiers if MASA cannot cover loss claims . Section 7 . 1 . 2 - Does this provision with regard to disbursements from the contingency fund of $ 300,000 comply with Oregon ' s Local Budget Law? Doesn ' t the City have to maintain controls over the disbursement of these funds? The terms of this section give the lessee carte blanche over disbursements of the contingency fund. Sections 9 and 10 - Shouldn't these sections on insurance coverage provide that the City ( i .e. , the lessor) should have the final say on the amounts and types of insurance coverage? Shouldn' t the City review all insurance policies in advance? What sort of insurance coverage is there for liabilities that are not subject to limitations under Oregon law? What insurance coverage will the Forest Service permit require? As Forest Service permits all include a provision on required insur- ance coverages , shouldn 't this matter be in the lease? Section 13 . 5 - What good is this indemnification provision if MASA has financial difficulties and is unable to pay its obligations? The comments under Section 2 . 2 apply also to Section 13 . 5 . COMMENTS ON MATTERS NOT COVERED IN THE DRAFT LEASE (a) Shouldn ' t the lease provide that MASA and not the City of Ash- land pay for the costs of getting a new permit to operate the Mount Ashland ski area? The U. S. Forest Service people in- dicate that this could be a time-consuming process . MASA Lease Comments of J. W. Nicholson - 4-8-92 (b) Who is to pay for the costs of the recent fund-raising opera- tion? The lease should provide that these costs should not come out of the contingency fund . (c) Shouldn ' t the lease provide that MASA have an audit by an in- dependent CPA that is acceptable to the City? (d) Shouldn' t the lease specify the form and content of data that is to be included in MASA' s audit report? (e) Shouldn' t the lease have a provision that annual audit reports on MASA' s finances be published in local papers to provide dis- closure of how MASA is performing its stewardship responsibili- ties with respect to City assets and subsidies? (f) The proposed lease puts the burdens of property ownership on the City while leaving the benefits ( if any) for MASA. If MASA should be lucky and have a few good years , shouldn 't there be a provision in the lease as to how MASA profits are to be handled? Will MASA be free to disburse them in the form of excessive compensation and perquisites to managers and MASA board members? (g) Shouldn ' t the lease have a provision that the lease can be terminated if MASA enters into any contracts or agreements where there are conflicts of interests with any MASA board members , employees, or members of their immediate families? (h) Shouldn 't the lease provide that the lessee or its subcon- tractors cannot serve alcoholic beverages on the leased premises? This is to reduce the City ' s exposure to liability claims . In addition, it should make the ski area more suit- able for family use. ( i ) I understand that the City will be the "permit holder" under the new arrangement with the U. S. Forest Service. Won ' t this obligate the City to pay annual fees to the Forest Ser- vice? How much will those fees be? A Forest Service rep- resentative indicated that fees would be significantly in- creased over amounts paid by the present permit holder. Shouldn ' t the lease provide that MASA will reimburse the City for all permit fees assessed by the Forest Service? (j ) Shouldn ' t the lease provide that MASA cannot transfer its rights under the lease to any other party without the consent of the City? (k) The lease should not be executed in final form until the new Forest Service permit is issued . That permit could have sig- ficant effects on Mount Ashland operations . 1nI l NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Ashland City Council will hold a public hearing on Tuesday, April 7, 1992 at 7 : 30 P.M. in the Civic Center Council Chambers, 1175 E. Main Street, to consider the proposed vacation of the unopened portion of Grover Street between Sheridan and North Main Streets. (Edward Pentkowski et. al. , Applicants) All interested persons are hereby called upon to appear at said hearing to express their views. Written comments will also be received at the office of the City Administrator, Ashland City Hall, during business hours until 5: 00 P.M. on Wednesday, April 1, 1992. Nan E. Franklin City Recorder PUBLISH: Daily Tidings March 16, 23 , 30, and April 6, 1992 PUBLIC NOTICE NOTICE IS HEREBY GIVEN that pursuant to Article X Section 2 (c) of the Ashland City Charter, that the Ashland City Council will meet on April 7, 1992 at 7 : 30 P.M. in the Civic Center Council Chambers, 1175 E. Main Street, to consider the first reading by title only of the following: An ordinance amending Chapter 4 .20 of the Ashland Municipal Code relative to systems development charges. NOTICE IS FURTHER GIVEN that copies of the foregoing ordinance have been furnished to members of the City Council seven (7) days prior to the foregoing Council meeting, and three (3) copies placed on file in the office of the City Recorder for public inspection during business hours. Nan E. Franklin City Recorder PUBLISH: Daily Tidings March 28, 1992