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Home My WebLink About1992-1215 Council Mtg PACKET Important: Any citizen attending Council meetings may speak on any item on the agenda, unless it is the subject of a public hearing which has been closed. If you wish to speak, please rise and after you have been recognized by the Chair, give your name and address. The Chair will then allow you to speak and also inform you as to the amount of time allotted to you. The time granted will be dependent to some extent on the nature of the item under discussion, the number of people who wish to be heard, and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL DECEMBER 15, 1992 I. EXECUTIVE SESSION: 6:00 P.M., Conference Room to consider the evaluations of the City Admin. and City Attorney pursuant to O.R.S. 192.660(1)(i). II. PLEDGE OF ALLEGIANCE: 7:30 P.M., Civic Center Council Chambers III. ROLL CALL IV. APPROVAL OF MINUTES: Regular Meeting of December 1, 1992. V. SPECIAL PRESENTATIONS & AWARDS: 1. Certificate of Appreciation to Councilor Greg Williams for service on the City Council. VI. CONSENT AGENDA: 1. Minutes of Boards, Commissions & Committees. 2. Monthly Departmental Reports - November 1992. 3. Audit Report for Fiscal Year 1992-93. I VII. PUBLIC HEARINGS: (Must conclude by 9:30 P.M.) 1. P.A. 92-104, request for amendment to Street Dedication map of the Comprehensive Plan, modifying existing dedication between Morton Street and Weller Lane on Forest Street. (City of Ashland, Applicant) 2. P.A. 92-048, request for Comp. Plan Map and Zoning Map amendments to change zoning of area around Ashland Community Hospital from R-2 (Multi- family residential) to HC (proposed Health Care zone). Also includes an amendment to the Land Use Ordinance adopting new chapter for the HC Zone (18.54) and adoption of the Ashland Hospital Master Facilities Plan as a sub-area development plan of the Comprehensive Plan. (City of Ashland, Applicant) VIII. UNFINISHED BUSINESS: 1. Letter from DEQ granting extension for completion of facilities plan to July 1, 1993. 2. Proposals from Ashland Parks & Recreation Commission and Chamber of Commerce concerning proposed Ballot Measure for March 23 regarding funding for park land acquisition. 0 3. Authorization for City Admin. to sign contract with Robert A. Skinner as fixed —� base operator at Ashland Municipal Airport. 907—S Y J' Reading by title only of a resolution adopting water rate schedules and repealing Resolution No. 91-48. IX. NEW & MISCELLANEOUS BUSINESS: 1. Letter from Carl C. Oates requesting ban on dishwashing detergents containing phosphates. 2. Letter from Cable Access Commission concerning request to TCI Cablevision for amendment to franchise to provide for PEG access fee. 3. Monthly activity report by City Administrator for November 1992. 4. Letter from Jackson County Greenway Coordinator concerning transfer of title of acquired properties to the City. 5. Memo from Dir. of Public Works concerning proposed policy for connections to the sewer system outside the Urban Growth Boundary. 6. Request from Dir. of Public Wks. for Council representative on the Transportation Advisory Committee and a Council liaison to WWTP TMDL study committee. X. PUBLIC FORUM: Business from the audience not included on the agenda. (Limited to 3 min. per speaker and 15 min. total) XI. ORDINANCES. RESOLUTIONS & CONTRACTS: 1. First reading of an ordinance amending Chapter 18.96 of the Land Use Ordinance to require that 50% of all required bicycle parking be covered and protected from the weather. XII. OTHER BUSINESS FROM COUNCIL MEMBERS XIII. ADJOURNMENT 0 MINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL a DECEMBER 1, 1992 CALL TO ORDER: Council Chair Pat Acklin 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, Williams, Winthrop and Arnold were present. Golden and Reid were absent. APPROVAL OF MINUTES: The minutes of the Regular Meeting of November 17, 1992 were accepted as presented. - SPECIAL PRESENTATIONS & AWARDS: A Proclamation was read declaring January 9, 1993 as CHRISTMAS TREE RECYCLE DAY IN ASHLAND. Laws congratulated the Ashland High School Students in their recent accomplishments in volleyball , girls/boys cross country, football and debate. CONSENT AGENDA: City Admin. Almquist asked that a liquor license request for BLACK SHEEP, 51 N. MAIN ST. , be added to agenda. Phil so moved, Winthrop seconded, all AYES on voice vote. Arnold moved to adopt the Consent Agenda with the addition noted above as follows: 1) Minutes of Boards; Commissions & Committees; 2) Report by Fire Chief on 1992 residential burning season; 3) Liquor license request by Ron Roth, Plaza Cafe, Williams seconded, all AYES on voice vote. PUBLIC HEARINGS: P.A. 92-121 Zone Change Request 150 N. Pioneer. Acklin read the statement outlining the format for land-use public hearings. Acting Planner McLaughlin said the Planning Commission denied the application. Photos submitted by the applicant were shown to Council . Receipt of a letter from .Mrs. Frances Glockner Hirst, owner of property at 180 N. Pioneer, against the request was noted and entered into the record. The public hearing was opened and Stan Potocki, Applicant, said properties on all sides of this address are commercially zoned. He then reviewed pages 17-19 of the record, and said future plans for the property include the addition of 2-3 travellers accommodations units. He showed a video of properties in the area. Mayor Golden arrived at 8 : 00 P.M. Frank Spierings, 164 1/2 B St. is opposed to the zone change. There being no further comment from the audience, the public hearing was closed. Arnold moved to deny the application and adopt the Planning Commission Findings, Laws seconded, all YES on roll call vote. P.A. 92-109 Modify off-street Parking Ordinance re: Covered Bicycle Parking. McLaughlin said this requirement is becoming routine and Section 18.92 . 040 C. should be amended to require that 50% of all required bicycle parking spaces should be sheltered from the weather and located in proximity to the uses they are intended to serve. The public hearing was opened and closed with no comment from the audience. Laws said he's certain that TPAC would agree with this amendment. Laws moved to direct staff to bring back an -implementing ordinance, Winthrop seconded, all YES on roll call vote. Regular Meeting - Ashland City Council - November 3 , 1992 - P. 1 NEW & MISCELLANEOUS BUSINESS: Open Space Funding - Parks Commission Proposal. Pat Adams, 580 Weller Lane, Chair of the Parks Commission, explained their proposal, which they wish to have placed on the March 23 , 1993 Special Election ballot, as follows: a .l% Prepared Food & Beverage Tax, Systems Development Charges, and Private Donations and Tax Incentives. She said the Parks Tax Levy will be used to maintain and develop the acquired land so residents will also participate, and requested that only one proposal be placed on the ballot. Wes Reynolds, 1265 Munson Dr. , Parks Commissioner, read excerpts from a letter received from Carol Browning, 485 Liberty, in support of the proposal. George Kramer, 386 N. Laurel, urged support of the proposal . Jean Crawford, 923 Harmony Lane, spoke in support. Mary Christine, 266 Fifth St. , also supports the proposal. Betty Camner, 868 A St. , spoke in support and read a letter from Richard McKinney, 117 8th St. , also in support. Fred Binnewies, 1009 Oneida Circle, strongly supports the food and beverage tax proposal, and feels the Parks Commission should have authority to acquire land as well as develop it. Keith Chambers, 715 Pennsylvania, supports proposal and feels only one should be placed on ballot. Open Space Funding - Chamber of Commerce Proposal. Michael Donovan, 1120 Beswick Way, representing the Chamber and food and beverage industry, explained their proposal for the March 23 , 1993 ballot as follows: . 12 cent increase in the property tax base per $1, 000 assessed valuation, Systems Development Charges, and $40 . 00 increase in the business license fee. Steve Sacks, 693 Roca St. , supports proposal . Marilyn Bailey, 2978 Barbara St. , Chamber Bd. Member, recommends approval . Michael Gibbs, 536 Ashland St. , spoke against Parks proposal . Joni Smith, 220 Lupine, representing League of Women Voters, urged the Council to place only one proposal on the ballot and said the voters need assurance of a consensus among the parties. Michael Bingham, 129 5th St. , is against Parks proposal. Herbert Sweeten, 240 1%2 Van Ness Ave. , is against a tax. Tom Reid, 918 Walker Ave. , said a sales tax is difficult to collect and remit and a burden on small business owners. He supports the Chamber's proposal . Bill Robertson, 2175 Tolman Creek Rd. , supports Chamber proposal . Steve Morjig, 610 Chestnut, said citizens should pay for open space, not tourists. Larry Cooper, 346 High St. , agreed. Brice Farwell, 290 W. Nevada, said only one proposal should be submitted for the ballot and an educational effort is necessary. Steve Zenos, 355 Grant St. , is against the Chamber proposal due to the increased property tax element. Chris Finnie, 167 Lincoln, owner of two restaurants, said business is decreasing and more administrative costs will be a burden. Leo Hill , 1235 N. Mountain, supports Chamber proposal. Russ Silbiger, 562 Ray Lane, is against the 1% tax. Ken Mickelsen, Parks Director, said their data was obtained in the 1992 Survey of Buying Power. Acklin suggested directing Attorney Nolte to draft ballot language for both proposals to be voted on by Council on December 15 when full complement of Council is present. Arnold said both proposals should be presented to the voters. Winthrop said only one proposal should be on the ballot, and he's in favor of the Parks proposal . If this is Regular Meeting - Ashland City Council - November 3 , 1992 - P. 2 defeated, the Chamber proposal can be submitted. Laws is concerned that if both proposals are on the ballot, they will both be defeated. Acklin does not support a 1% food and beverage tax. Williams would have no problem putting both proposals on the ballot. Acklin moved to direct the City Attorney to prepare ballot language for both proposals for the December 15th meeting, Laws seconded, all YES on roll call vote. Cahill Sewer Connect Request. Wayne Cahill, owner of 375 Tolman Creek Rd. , is requesting connection to city sewer system for property outside the City limits. Almquist reviewed the conditions contained in his memo, and Acklin moved approval of the request with said conditions. Williams seconded and the motion passed unanimously on roll call vote. Wetlands Coalition Request - Technical Committee. Gary Schrodt, Wetlands Coalition, requested that Council approve formation of a technical committee comprised of representatives from DEQ, Dept. of Fish & Wildlife, Water Resources Dept. , TID, City of Ashland, and Wetlands Coalition, to address problems and differences of agreement concerning various aspects of Bear Creek water resources, with the Rogue Valley Council of Governments facilitating and coordinating the committee. Arnold said the three State agencies have to be willing to participate, and Laws moved to invite them to do so and if they accept, authorize the Committee to be formed. Williams seconded and the motion carried on voice vote. Wetlands Coalition Request re: Garbage Disposals. Pulled from agenda at their request. PUBLIC FOR No response. ORDINANCES RESOLUTIONS & CONTRACTS: Railroad Dist. Park L.I.D. Second reading by title only of an ordinance authorizing and ordering the improvement of a public park located immediately South of the Southern Pacific Railroad tracks between Sixth St. and Eighth St. in the Railroad District . . . . The amended sections were read concerning non-profit exemptions and payment deferrals. Williams moved adoption, Acklin seconded, all YES on roll call vote. (Ord. 2693) Alley Vacation. Second reading by title only of an ordinance vacating an alley off Sunnyview Drive. Acklin moved adoption, Arnold seconded, all YES on roll call vote. (Ord. 2694) Rezone Mahar Property. Second reading by title only of an ordinance rezoning certain property from City of Ashland E-1 to R-2 and R-1- 3 .5P. Williams moved adoption, Acklin seconded, all YES on roll call vote. (Ord. 2695) Comp. Plan Map Amendment - Mahar Property. Second reading by title only of an Ordinance adopting an amendment to the Comp. Plan Map from Employment to Low-density Multi-family residential and Suburban Regular Meeting - Ashland City Council - November 3 , 1992 - P. 3 Residential. Winthrop moved adoption, Williams seconded, all YES on roll call vote. (Ord. 2696) Sewer Rates. Finance Director Turner said present rates are inadequate for current expenditures, the fund balance is being drawn down and this trend needs reversing prior to going to the bond market for STP improvement bonds. Laws moved to extend the meeting for 1/2 hour, Acklin seconded and the motion carried with Winthrop dissenting. On a question from Golden, Hall said both the Sewer and Water Divisions are cutting back on expenditures. Acklin said the fund balances in water and sewer are a serious concern to the auditors. A Resolution adopting a sewer rate schedule pursuant to Section 14 . 08 . 035 of the Ashland Municipal Code was read by title only. Laws moved adoption, Arnold seconded and the motion passed on roll call vote as follows: Laws, Williams, Acklin, and Arnold, YES; Winthrop, NO. (Reso. 92-55) Water Rates. Arnold suggested that increasing rates in smaller increments over a longer period of time will lessen the impact. Arnold moved to extend the meeting for 1/2 hour, Laws seconded, all AYES on voice vote. Arnold moved to request Staff to prepare revised water rate increases as noted above, and submit data to show the _ affects of this revision. Williams seconded, all AYES on voice vote. Canvass of Vote. Reading by title only of a resolution Canvassing the Vote, and Mayor's Proclamation regarding election for public officers held on November 3 , 1992 . Arnold moved adoption, Acklin seconded, all YES on roll call vote. (Reso. 92-56) Reimburse Capital Expenditures. Reading by title only of a resolution of the City of Ashland, Oregon evidencing its intent to reimburse Capital expenditures. Arnold moved approval, Acklin seconded, all YES on roll call vote. (Reso. 92-57) Airport F.S.O. Lease. The Airport Commission is recommending Robert A. Skinner as F. B.O. Hall recommended an interfund loan for three years or hangar refinancing to cover the $9200 deficit. Arnold expressed concern about entering into a lease agreement where borrowing money will be necessary and Almquist explained that this will be capitalizing facilities and when hangars are paid off, a $20, 000 cash flow will result. Hall suggested that Almquist enter into negotiations with Skinner and prepare a financial analysis for Council review. He' also noted that the total Airport budget is $62 , 500 and an SOSC survey showed that the Airport brings in over $1, 000, 000 annually to the area's economy. Laws moved to accept Steve's suggestion, Winthrop seconded, all AYES on voice vote. Taylor Foundation Indemnification Agreement. Attorney Nolte said the Foundation donates large sums of money to the Parks Commission for various projects and wishes to be held harmless in the event of a lawsuit arising out of work done on the projects which they help to fund. Laws moved approval , Williams seconded, all AYES on voice vote. Regular Meeting - Ashland City Council - November 3 , 1992 - P. 4 OTHER BUSINESS FROM COUNCIL MEMBERS: None. ADJOURNMENT: The meeting adjourned at 11:56 P.M. to Executive Session on December 8 , 1992 at 7: 30 P.M. in the Civic Center Conference Room, 1175 E. Main, to consider evaluations of the City Attorney and City Administrator. Nan E. Franklin Catherine M. Golden City Recorder Mayor (d:\min\12-1-92) Regular Meeting - Ashland City Council - November 3 , 1992 - P. 5 IM ASHLAND TRAFFIC SAFETY COMMISSION MINUTES Thursday, October 22 , 1992 CALLED TO ORDER Meeting was called ,to order at Pioneer Hall at 7 : 15pm. Those commissioners present were Burnham, Schumacher, King, Sims, and Schraub. Pam Barlow represented staff. APPROVAL OF MINUTES Minutes were approved as written. BARD'S INN TRAFFIC ACCESS REVIEWg REFERRED FROM PLANNING COMMISSION Discussion was held on the proposed 12-unit motel plans referred from the Planning Commission. Sims moved to request the stop limit line be moved closer to Helman to improve sight distance and requested the Engineering report be forwarded to the next Planning Commission. Motion was seconded and passed. HERSEY STREET TRUCK ROUTE osed designation of Hersey Street as Discussion was held on prop truck route. Those residents speaking included: Mary Lou Gross of 240 W. Hersey, Joe White of 175 Hersey Street, Jerry Sevin representing Parsons Pine of Hersey & Helman, Josh Lewis of 240 W. Hersey, Peter VanVleet of 312 Helman Street, Rick Parsagian of 247 W. Hersey Street, Thomas Pollard of 195 Van Ness, Jim Jeffrey E of 298 W. Hersey Street, Herman Wood of 173 Helman Street, Gwen Lee of 323 Helman Street, Bruce Dwight of 275 E. Hersey. Schumacher moved to recommend to Council to not designate Hersey Street as a truck route. Motion was seconded and passed. EAST MAIN AND MORSE CROSSWALK King moved to recommend a crosswalk be installed at Morse and East Main Streets. Motion was not seconded. SIDEWALK PLANNING UPDATE: PLANNING DEPARTMENT SUBCOMMITTEE REPORT Schumacher reported on the activities of the Sidewalk Planning subcommittee. NOVEMBER MEETING DATE: CHANGE DUE TO THANKSGIVING AND VACATIONS Meeting was changed to combine the December meeting and hold it on Thursday, December 3, 1992 . I Submitted by, Rhonda Moore Administrative Secretary Traf\Minutes\10-22-92.min e ASHLAND BIKE COMMISSION MINUTES Tuesday, November 17, 1992 CALLED TO ORDER Meeting was called to order at 12 : 00pm by Chairperson Arnold. Those Commissioners present were Gosling, Noyes, Haddad, Orr, and Marnon. Staff was represented by Rhonda Moore, Public Works Secretary. Larry Nollenberger was present representing SOSC Faculty Bike Committee. APPROVAL OF MINUTES Minutes were approved as written. ITEMS FOR DISCUSSION A. NEW BIKE LANES ON SOUTH SISKIYOU: RESOLVE SIGNING Commission requested that old bike lane signs be removed from Walker to Tolman Creek. Gosling reported that he has been unsuccessful in contacting an ODOT representative regarding the striping problems on Siskiyou. Arnold suggested Gosling contact the two ODOT representatives who had met with Commission previously to ask for their assistance in the striping project. B. TOLMAN CREEK STRIPING Striping on newly-paved section of Hersey Street is also not in compliance with State standards. Commission agreed that Hersey Street could be striped correctly when area is repainted after the current painting wears off. Commission found it unacceptable to wait for the Tolman Creek striping to be redone when the paint had worn off. Commission requests Staff contact Street Superintendent to have striping redone in compliance with State standards. C RR BIKE PATH: UPDATE, ISTEA GRANT APPLICATION Commissioners commended Pam Barlow on ISTEA grant application. Arnold reviewed current plans for RR bike path with Commissioners. Commissioners prefer the path not cross RR route and consider it unacceptable to cross from one side of the tracks to the other at East Main. D. STORM DRAIN GRATES Commission requested Staff provide State standards regarding storm drain grates for study at next Commission meeting. Commission will establish guidelines for City policy and specify City standards for location of grates and type of grates. Ashland Bike Commission Minutes - November 17, 1992 page 2 E. MONTHLY BICYCLING NEWS COLUMN: REPORT Gosling reported that columns were being run in Tidings and his Commentary had been placed on the Editorial page. Gosling urged Commission members who had volunteered to write columns to complete them for Staff editing. F. PBSO REPORT No report given. G NEXT MEETING: OR FOR 12115, TUES, COMMUNITY CENTER Gosling moved to change the meetings to .the 3rd Tuesday to be held in the Community Center meeting room. Motion was seconded and passed. December meeting will be held on December 15. IV. COMMENTS: COMMISSION OR SPECTATORS Larry Nollenberger of SOSC Faculty Bike Committee explained his purpose in attending the Commission meeting. SOSC .faculty is anxious to promote bicycling among students and faculty staff. They will be installing covered bike parking and creating standards to establish bike paths on campus. Commissioner Marnon will attend their next meeting on November 30. Meeting was adjourned at 1: 05pm. Rhonda Moore Administrative Secretary 8ike\Minutes\Nov17.min ENGINEERING REPORT FOR THE MONTH OF NOVEMBER 1992 1. Issued 12 street and alley excavation permits. 2. Issued 5 miscellaneous construction permits. 3. Issued 8 address changes or assignments. 4. Responded to 12 certificate of occupancy reviews. 5. Performed field and office checks on 4 land partition plats. 6. Performed field and office checks on 2 subdivision plats. ' 7. One staff member attended a workshop and convention on G.I.S. in public works. 8. One staff member attended Comdex, a computer symposium and show. 9. Prepared a final approval on work performed on the Tolman Creek Road Improvement Project. 10. Performed the following work on the Tolman Creek Road Signal Project: a. submitted material information for approval, b. contacted utility companies re: locations of utilities, and C. prepared diagram of proposed pole locations. 11. Applied to Jackson County for permits on East Main Street and on Tolman Creek Road. 12. Submitted request for sewer connection outside City limits to Council. 13. Performed the following work on the Lithia Springs Boundary Survey: a. researched deeds and documents pertaining to boundaries and access, b. completed location survey of Emigrant Creek and access roads, C. set property corners on east property line, and d. prepared map of survey. 14. Performed the following work on the Knight's Inn Motel Annexation: a. set pins at four corners, and b. prepared map of survey. 15. Submitted plan of proposed sanitary sewer off Ashland Street to developers for review. 8 December 1992 Monthly Report for November 1992 Page 2 16. Operated traffic counters at several locations. 17. Installed 6 center line monuments and referenced several others. 18. Performed the following work on the 1992 Miscellaneous Concrete Project: a. prepared specifications and contract documents, b. completed project plans, and C. prepared estimate of cost. 19. Performed the following work on the Digester Repair Project: a. inspected work performed by contractor, b. processed progress payment, and c. reviewed shop drawings and project submittals. 20. Inspected work on the following subdivisions: a. Poplar Place Subdivision, and b. Terrace Pines Subdivision. 21. Prepared final notice of acceptance on the 1992 Storm Drain Project. 22. Performed the following work on the N.W. Area Waterline Project: a. inspected work performed by contract, b. prepared contract to provide erosion control cover, and C. prepared progress payment. 23. Updated city street index map. 24. Met with water resources personal regarding the water right for the powerhouse. nov.rpt City of Ashland Street Division November-- 1992 Report SWEEPER : _._.._. Swept 509.4 miles. (1 . 5 sweepers) . Collected 424 yards of debris. _- Responded to 62 utility location requests.. ..___ _ -. .......__. ... .....-_..-____......:...... . .. . ...._._ Graded several streets and alleys . Repaired washed out driveway at 532 Scenic Dr. . . Raised a monument at 8th and C Sts. . _..__.... Repaired a wash out on Baum at Fine St. . Repaired a wash out on Clover Ln . . Repaired a wash out on upper Strawberry Ln . . Repaired a wash out in the alley next to 1218 Iowa. Repaired a wash out at 83 Emerick . Repaired a wash out on Glenview Dr. above Hillcrest. SIGNS: Removed 4 hr, parking signs from the following locations: Winburn Way, r_._.___Hargadine lot, Pioneer- lot, Lithia Way lot, and 2nd.. St. IQt.__. _. . .._ .. The F.U.C. held its annual R/R Crossing inspection and the following wor was ordered : Change or replace 8 signs and paint or re-paint 8 ___crossings. or stop bars. We are in the. process -of. complying_to__these_.orde.. _____ Installed a "ROAD NARROWS: sign on Water St. at B St. . Removed all of the "AUDIBLE SIGNAL" bike signs on Siskiyou Blvd. from ----.Gresham. .to .Tolman Cr. Rd. .. . - Installed "NO PARKING" signs on both sides of Strawberry Ln. from Scenic Dr . to Granite St. per TR 13-1992. '�Repaced-the_street. sign .at'..Altamont_.and-_ Harr_ison____..-__-__. Installed a "YIELD" sign on 2nd St. at Hargadine per TR 04-1992. Made up 2 street signs and 7 no parking signs for contractors. STORM DRAINS: Cleaned catch basins. Flushed.-and/or. .rodded--several _storm_.dr_ain_.sys.tems.._--_ Cleaned the ditch and repaired an undermined curb at 6th and A Sts. . Repaired the catch basin at Siskiyou and Bellview. _..Completed- the major storm drain project _.on .Bellview.--,-__.— Repaired the catch basin at Orange and Laurel . Began new 12in , cross-over storm drain project on '5th and B Sts. . P._r.-oi.ec.t-includes _modifying...one_ existing... catch-.basi2_and—rP Rlacin9_the---- ---- other existing .catch basin . Located and filled with concrete an abandoned catch basin on Scenic Dr. . —__.Repaired...the_ catch._basin_grate on E. -Main_.a.t__Li_thia.-Way..-__—____.._._..__.._.___ Cleaned the. ditches and flushed the cross-over drains on Strawberry Ln. , Alnutt, and at Alnutt and Nutley. --Removed the- old.-catch .basin_on..-Winbur_n-.Way__and---r-onstrur_ted a new ha=in_--__ in front of the Hillah Temple. Marked 1st street from A to B, across B to 1st and across 1st above --B ..for_new .storm...drain...locates. ._. _. ....._..._. ._.__.._.. . - _..__._... _ . MISC. : H"auled 'off sweeper pile: 410 yards. Rigged 2 units for snow removal . saw-sut .ansi_r_emav�d_ ._ar_eas.._af_�sphaJ _.part>w ran Lithia: Way. in fro-- of the Exxon Station for the Parks Dept. to plant trees. Helped in shop when needed. Cleaned-_ssp_:f.aciliYifa .and-..equipment .on_, _weel,ly,_basis-,_----�T __._ Held monthly safety meeting . .Our special guest, this month: Dick :::; - Wanrlarsrh�i.d _ City Conservation Mananer: � -• - • -- • -• ` , city of Ashland Fleet Maintenance November 1992 Report 2. 5 mechanics completed work sn work orders for various types of city equipment and vehicles.The divisions and departments involved are as follows: - '-- Administration : 0 Airport : O Building : 1 . Cemetery: 4 Community Service Volunteer 0 Electric : 10 Energy: 1 Engineering : 3 Fire: 4 -- -- Polic.: 16 . P.W.#1 : 1 Senior Van : l -- Shop: 2 Streett 27 Warehouse: 1 Waste-Water, 5 Water: 7 The emergency generators at City Hall and the Civic Center were -'—' ' manually tested weekly. I and M certificates issued for the month: City of Ashland : 23 ---''- ` ' Water Quality November, 1992 Water: Repaired 5 leaks in City owned water mains. - Repaired 9 leaks in customer service and or meter. Replaced 2 broken curb stops. Replaced 2 water services that were worn out. Changed out 18 ea 3/4" meters, lea 1" meter. Changed out old yoke and installed new piping on irrigation service, on Siskiyou island. Installed 10 new water meters with hand valves. Installed 3 customer hand valves. Repaired 2 fire hydrants. Installed new fire hydrant on Glennview. Installed 4 new 3/4" water services. Replaced 3 broken meter boxes in various areas. Raised 12 valve boots getting ready for leak survey. Installed 150' of new 8" water main on Winburn Way. Assisted in computerized leak survey. Sewer: Installed 3 new 4." sewer laterals. Replaced 1 4" sewer lateral. Rodded 43,404 feet of City sewer mains using 100,000 gallons of water. Responded to 4 main line plugs and 2 service calls. Rodded 1919, using mechanical rodder. Miscellaneous: There were 78 requests for Utility Locates. There was 63 . 06 million gallons of water treated at the water treatment plant and 47.26 million gallons of water treated at the waste water treatment plant. Used 75 yards of 3/4" minus rock at various job sites. Monthly Building Activity Report: 10/92 Page 1 # Units Value SINGLE/MULTI-FAMILY & TOURIST ACCOMODATIONS: Building: ADDITION 901 BATHROOM ADDN/REMODEL 6,200 CARPORT 4,000 DECK & ADDITION FINAL INP 0 DEMO REAR ADDITION/GARAGE 0 DORMER & SKYLIGHT 5,200 EXTENSION OF #9106058 0 EXTENTION OF #9106059 5 0 FOUNDATION/REROOF 1,700 GARAGE, RE:PERMIT 9210098 35,000 KITCHEN REMODEL 8, 688 OVERHANG 2, 500 RAILING , 100 REMODEL 46, 632 REMODEL & ADDITION 215,000 REMODEL & DECK REPLACE 15, 000 REPAIR/DOOR/SHEET ROCK 200 REROOF 3 , 000 SFR 8 1, 107, 536 SLAB & FENCE 800 STAIRWAY 300 ZONING PERMIT 0 Subtotal: $ 1,452 , 757 Electrical: 3 BR CIR/REWIRE 2 ,200 3 BRANCH CIRCUITS 1,010 ELECTRIC 1,861 ELECTRICAL FOR POOL 1, 532 INSTALL ENERGY PACK 2, 100 INSTALL SERVICE 300 NEW PANEL 100 RELOCATE SERVICE 1,000 SERVICE CHANGE 1, 650 Subtotal: $ 11, 753 Mechanical: DIRECT VENT/GAS WATER HTR 500 Monthly Building Activity Report: 10/92 Page 2 # Units Value SINGLE/MULTI-FAMILY & TOURIST ACCOMODATIONS: Mechanical: FLOOR FURNACE INSTALL 1,345 GAS FURN/VENTING/GAS PIPE 3,840 GAS FURNACE 10,800 GAS FURNACE AND A/C 4,516 GAS FURNACE/GAS LINE/A/C 4, 188 GAS FURNACE/PIPING/VENT 1,906 GAS FURNACE/VENT./PIPING 5,261 GAS LINE AND GAS FURNACE 3 ,797 GAS PACK 3,000 GAS STOVE 500 GFAU 2,511 GFAU VENT 400 REPLACE GAS WATER HEATER 198 WOODSTOVE 1,300 Subtotal: $ 44, 062 Plumbing: WATER LINE 300 Subtotal: $ 300 ***Total: $ 1, 508,872 COMMERCIAL: Building: ADDITION 96,259 CHEM LAB BENCH REPAIR 180,001 DEMOLISH INTERIOR WALLS 0 FENCE 1, 100 REMODEL 18,000 REMODEL/OVERHEAD DOOR 2,500 TEMP STRUCTURE (SHED) 1,000 TENANT IMPROVEMENT 290,000 Subtotal: $ 588,860 Electrical: BRANCH CIRCUITS (2) 300 ELECTRIC 5,800 • i Monthly Building Activity Report: 10/92 Page 3 # Units Value COMMERCIAL: Electrical: SERVICE CHANGE/AC HOOK UP 1, 600 TEMPORARY POLE 150 Subtotal: $ 7 ,850 Mechanical: AIR CONDITIONER 4, 500 DUCT ADDITION 1, 150 GAS LINE 250 Subtotal: $ 5,900 Plumbing: 2 SINKS 700 MOVE SINK 200 Subtotal: $ 900 ***Total: $ 603 ,510 ---------------------------------------------------------------- ---------------------------------------------------------------- Total this month: 100 $ 2 , 112, 382 Total this month last year: 122 $ 4,904,400 Total year to date: 419 $ 5, 954,474 Total last year: 420 $14,733,454 This month This month This year last year Total Fees: 24, 077 42 ,947 80, 662 Total Inspections: 530 450 2015 NEW CONSTRUCTION: 10/92 RESIDENTIAL PAGE NO. 1 12/01/92 ADDRESS #UNITS CONTRACTOR VALUATION ** EXTENTION OF #9106059 350 LORI LN 5 MORGAN CONSTRUCTION CO 0. 00 ** Subtotal ** 0. 00 ** SFR 490 POPLAR PL MEDINGER CONST. CO. INC. 60000. 00 500 POPLAR PL MEDINGER CONST. CO. INC. 52149. 00 2790 DIANE ST PACIFIC-WEST COAST 85132. 00 CONSTRUCTION 443 STRAWBERRY LN DAVIS & DOWNEY 330000.00 CONSTRUCTION INC 63 MALLARD ST MEDINGER CONST. CO. INC. 110000.00 1536 PINECREST TERRACE OWNER 124075.80 385 GRANITE ST OWNER 205346. 00 2770 DIANE ST OWNER 140834 . 00 ** Subtotal ** 1107536.80 *** Total *** 1107536.80 NEW CONSTRUCTION: 10/92 COMMERCIAL PAGE NO. 1 12/01/92 ADDRESS #UNITS CONTRACTOR VALUATION ** ** Subtotal ** 0. 00 *** Total *** 0. 00 Contents of Record for Ashland Planning Action 92-104 REQUEST FOR AN AMENDMENT TO THE STREET DEDICATION MAP OF THE ASHLAND COMPREHENSIVE PLAN, MODIFYING THE - EXISTING DEDICATION BETWEEN MORTON STREET AND WELLER LANE ON FOREST STREET. APPLICANT: CITY OF ASHLAND Public Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ProposedFindings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 -- Minutes of Planning Commission Meeting 11/10/92 . . . . . . . . . . . . . . . . . . . 4 Planning Department Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 "Map A' Existing Street Dedication Map . . . . . . . . . . . . . . . . . . . . . . . . . . 12 "Map B" Final Staff Recommendation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 -- "Alternate A' Possible development following Staff recommendation . . . . . 14 "Alternate B" Possible development following Badger recommendation . . . . 15 - "Alternate C" Possible development following Weller recommendation . 16 -- "Alternate D" Possible development under full interconnections . . . . . . . . . 17 - Letter from Steve Jannusch to Planning Commission 11/2/92 with supporting materials from previous Planning Commission meetings . . . . . 18 -- Letter from Kurt H. Knudsen to Planning Commission 11/5/92 . . . . . . . . . 33 DATE: December 8, 1992 TO: Ashland City Council FROM: Rod and Ginger Badger 610 Ashland Street, Ashland, OR 97520 SUBJECT: Appeal of Planning Action 92-104 We very much oppose the decision of the Planning Commission on November 10, 1992, to approve the extension of Forest Street through our property. A copy of our written testimony to the APC is attached. A summary of our main points follows. 1. City records clearly show that Planning Commissions in 1983 and 1984 were in favor of a direct east-west connection between Weller Lane and Morton Street. Both the Weller Lane developer (Mr. Ed Houghton) and the Park Estates developer (Mr. David Lewis) were required to provide dedicated spurs off of Weller Lane and Morton Street, respectively, that would eventually connect through Pat Wolfe's property and along the Badger-Keevil property line. In 1983 and in 1984 both the Badgers and the Keevils wrote and spoke in favor of such a direct east-west connection along what is now called Cascade 'Street. From the action of the APC, we had assumed that the direct route would be adopted on the traffic plan, but instead a longer, indirect, zig-zag route (Forest Street) was selected which we are opposing here today. 2. The length of the zig-zag Forest Street route through the Badger and Wolfe property is approximately twice as long as it would be if the direct Cascade Street route were chosen. The Forest Street route will require us to give up approximately three times the land area and pay approximately three times the frontage cost than the direct Cascade Street route. 3. When the City Planners decided unilaterally to place the zig- zag route on the traffic circulation map of the Comprehensive Plan, they did so in contradiction to the APC's and the affected property owners' wishes in 1984. No notices were sent to the affected property owners that the route had been changed from what we thought had been decided in 1984. 4 . There is little need for a Morton-Weller cross street at all, and the safety of the community can be met as well by a direct link as by the longer route. 5. The Badgers, the Keevils, and Pat Wolfe can develop their property and provide access to just as many lots from Cascade Street, from the Badger's private driveway, and from a short cul-de-sac or hammerhead off of the present end of Forest Street onto Pat Wolfe's land. 6. One of the finest black oak trees in Ashland grows on Pat Wolfe's land, directly in the route of the Forest Street extension. The Badgers lost more than half of their trees when the Weller Lane sewer line was cut within a few feet of the Badger's western boundary. Many of the Badger's remaining hardwood and softwood trees are along the eastern boundary of their woodlot; they would be killed by the extension of Forest Street. In contrast, the direct east-west extension of Cascade Street would pass through a natural meadow along the Badger-Keevil property line and would require the removal of no tree with a trunk diameter larger than 8" on the Wolfe or Badger properties. 7 . By curving a little to the south on Pat Wolfe's land, the Weller-Morton cross street could approximately follow the contour lines and connect with Cascade Street with an acceptable grade. The City engineer should be asked to study the feasibility of this route before rejecting it. 8. A Cascade Street connection' would probably introduce very little additional traffic onto the steep section of Morton Street. Most of the Weller Lane people will continue to reach Ashland Street via Weller, and the Morton Street folks will continue to use Morton. The people who eventually build on the lots sold from the Wolfe, Keevil, and Badger properties would have a choice of routes, and they could avoid the steep section of Morton by choosing to exit via Weller. A half dozen houses at most would likely front on the new section of Cascade Street. In summary, we ask you to consider the injustice of having a street forced through our property that we neither want nor need to develop our property within our current plans and the City's planning guidelines. We ask you to inquire why the zig-zag route of Forest Street was selected by the Planning Staff in contradiction to the wishes of the Planning Commissions and the affected property owners in 1983 and 184. We .urge you to require City engineering to study the feasibility and cost of connecting Weller to Morton via the extension of Cascade Street. Thank you for an opportunity to present our views before the City Council. Sincerely, Rodney A 'Badger DATE: November 10, 1992 TO: Ashland Planning Commission FROM: Rod and Gini Badger 610 Ashland Street Ashland, OR 97520 SUBJECT: Planning Action 92-104: Forest Street Extension We request that the extension of Forest Street which is shown on the street dedication map linking Morton Street and Weller Lane in a zig-zag configuration be abandoned in favor of a direct east-west connection. While recognizing the need for improved traffic circulation and emergency access to homes in the urban-woodland interface zone, I strongly oppose this street dedication on several grounds. 1. We bought 2 .4 acres of undeveloped land in 1975 knowing that economic pressures would eventually force us to sell part of the property in order to be able to afford to keep the rest. However, we have never intended to develop our property to its maximum potential of 9-10 quarter-acre lots. We much preferred keeping the space open and in its woodland and meadow configuration for as long as possible. We have paid dearly in property taxes the last 18 years to do so. We have also paid something like $15, 000 to arborists, tree surgeons, urban forestry consultants, and small woodlot loggers to keep our woodlot healthy. We lost many of our biggest and best trees when the Weller Lane developers cut their sewer line inside the drip line of ponderosa pines and Douglas firs that were up to 3 ' in trunk diameter. Eventually we had to remove two logging truck loads of trees that died because the Weller Lane project had interrupted their water supply. We cherish the trees that are left and do not want them removed for the extension of Forest Street. 2 . We built our house where we did, at the boundary of woodland and meadow, intentionally to capture the distant views and the summer shade as well as to .live in a more diverse wildlife zone. We anticipated that houses would be- built to the east and west of us someday, and we planned our house accordingly, but we never anticipated that Forest Street would be extended directly toward the house and then south through our woodlot. Such a street would change the character of our lot from a private semi-rural setting to a corner lot on a cross street. 3 . When the Weller Lane project was approved in 1983 , the City required that a stub be dedicated near the cul-de-sac that would permit future connection to Morton. My letters of June 7 and November 7, 1983, to the APC suggested that the stub be located so that it could be extended through the natural firebreak between our land and the Keevils' toward the eventual south Morton extension. APC records of November 9, 1983, show that suggestion as being accepted and made a condition of approval of the Weller Lane development. 4 . In a letter to the APC dated August 7, 1984 , I suggested that modifications be made in Park Estates development plan of David Lewis (Planning Action 84-070) so that the extension of Morton Street connect directly to Weller Lane along my south property line. I pointed out several advantages to that direct east-west connection which are still valid today a. The Morton-Weller connection would be shorter, cheaper, and more direct than the ,Forest-Weller connection. b. If the direct connection followed the natural firebreak along the Badger-Keevil boundary and across Pat Wolfe's land to. the east, no trees larger than 6" diameter would be cut and there would be minimum disruption of our property. C. The southern portions of the Wolfe and Badger properties and the north portion of the Keevil property would have full access for future development. A Weller-Forest connection would not serve the south portion of the Wolfe property as well. Currently the north portions of the Wolfe and Badger properties are adequately served by Ashland and Forest. Streets. The Planning Commission apparently agreed with me because on the next day, August 8, 1984, Mr. Kauble, project engineer for Mr. Lewis, $had walked the property with Badger's proposal in mind and felt that it . could probably be done. Further discussion ensued with Fregonese explaining the proposed transportation plan and how this revised proposal could fit into it.,, 5. The APC Findings and orders#19 required I'That the applicant (Mr. Lewis) address the redesign of the Weller Lane/Morton Street extension at the time of the final plan approval.'$ The September 17, 1984, Planning Commission Staff Report noted lithe proposed stub (off Morton Street) that would dead end on the west portion of the (Lewis) property and would ultimately tie in with the Weller Lane project.11 The 9/17/84 APC minutes subsequently record 'Owens then addressed the street dedication, stating that we should retain the requirement for an extension to the end of the project to the west. Greene agreed and felt that this was a logical extension which will ultimately connect with the Weller Lane project. The APC approved the Mr. Lewis's Planning Action with the addition of Condition #11: "that the street dedication for the proposed extension of the right-of-way to the west of the subject parcel (i.e. the stub that became Cascade Street) shall be made a part of this approval. . . .' The City required Cascade Street be built even though Mr. Lewis protested, and Mr. Duane Venekamp, a property appraiser, estimated in his letter to the APC on September 10, 1984 , that Mr. Lewis's subdivision would incur "an additional $25, 000 worth of expenses if a developed (Cascade) street is required. . . . " Clearly then, the Ashland Planning Commission intended in 1984 that Morton and Weller be connected by the most direct route. Why then, was the zig-zag configuration adopted in the Traffic Plan? That adoption seems to be the result of a plan made by Everett Swain for Pat Wolfe and was said in the APC minutes of November 9, 1983 to be "similar to the plan Fregonese had proposed'@. Who had the authority to place the Forest-Weller route on the Street Dedication map in preference to the direct Morton-Weller route? Was the Forest-Weller Z configuration drawn onto the Traffic Plan in contradiction to the will of the Planning Commission and the wishes of the Badgers and Keevils? No notice was ever sent to us concerning the dedication of Forest Street through our property and, until this July, we had assumed that the dedicated street followed the route the APC had approved in 1984 ! 6. The proposed Forest-Weller route is approximately three times longer (345 ft vs 165 ft) through my property than the direct Morton-Weller route. If we ever sought to partition our land South of our house, we would have to sign for and eventually pay for THREE TIMES the street construction costs than if the street ran only across our southern boundary. That just is not fair! Having to dedicate about 108 of our property for a street right-of-way and then pay a major share of the street dedication costs would essentially force us to develop our property to maximum lot density in order to recoup the costs of the street. We would prefer to have fewer, larger lots with many trees than more and smaller lots with a paved street running the length of our property. Building the proposed Z- shaped configuration for Forest Street through our property would force us to develop our land in a way we never wanted to do! 7 . We have a plan that would divide our 2 . 4 acres into only three to six large lots instead of the maximum of nine or ten which could be created. A maximum density subdivision would be abhorrent to us after we have spent 18 years and tens of thousands of dollars in additional property taxes and tree maintenance costs keeping it as open space. All the lots in our envisioned plan could be served from Ashland Street or the Weller-Morton cross street with a couple of private driveways within the current guidelines for flag lots. Pat Wolfe and the Keevils could likewise develop all of their potential lots from the direct Weller-Morton cross street, from the existing end of Forest Street, or from Ashland Street. We do not need the Forest-Weller zig-zag to develop our property within our plan. In summary then, we feel that direct east-west connection of Morton Street and -Weller Lane was agreed upon by the Planning Commission in 1984 , and we have made our plans accordingly. We object to having to dedicate and pay for a street that we do not want or need to develop our property to our plans. We respectfully request the Ashland Planning Commission to cancel all plans for extending Forest Street along our east property line and establish, once and for all, the direct Morton-Weller cross street in the traffic circulation plan. Call it Cascade Street or accept Tom Keevil's suggestion in his letter to the Commission on November 6, 1983 , and call it Bear Gulch Road, in view of the area's historical local name and the evidence of bears feeding on apples during recent winters. Call it anything you wish, but please don't call it Forest Street and run it through our back yard. Sincerely, Rodney A. Badger December 7 , 1992 219 Logan Drive Ashland, OR 97520 Mayor Cathy Golden Chairperson Ashland City Council Dear Mayor Golden As I will be unable to attend the city council meeting, I would like to have you read this at the hearing concerning the extension of Forest Street to Weller Lane . There are several concerns about the proposed connection to Weller Lane. One of the concerns is livability and the negative impact that Forest Street would have on the residents of Weller Lane. As a property owner in the Weller Lane subdivision, livability has always . been a paramount concern to JoAnn and me. When we developed the PUD, livability was one of our main goals . The present homeowners of the subdivision now echo our concern for this aspect of their neighborhood. Bear with me for a moment while I briefly touch on the history of this subdivision . Originally, that tract of land was zoned for 36 homesites . We discussed our plans with the neighbors in that area. Mr. Badger promoted the idea of larger parcels (ranchettes , if you will) . we compromised and 24 homesites were approved, rather than the 36 lots for which it was zoned. A compromise in 1983 was costly to us , but one which we agreed to. We would hope that Mr. Badger would consider the livability aspect of the neighborhood and consider ranchettes (his term) , or at least work with the neighbors in the Weller Lane subdivision . We hope a plan could be worked out which would not unnecessarily create a street that may or' may not have much usage, but in any case it would adversely affect the livability to the residents of Weller Lane. We are opposed to the extension of Forest Street to Weller Lane, and encourage the council to come up with a plan that is less self-serving to one individual while at the same time impacting 23 families . Sincerely &d and d/ ghVt/o�n cc: Don Castleman President Weller Lane Homeowners Association /4-a Notice is hereby given that a PUBLIC HEARING on 13oardofAppceis(i,t)13A)otid).iii.ue. Failure to specify which oadinarce criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. the following request with respect to the ASHLAND LAND USE ORDINANCE will be held before the Aoopyofthe application,all documents and evidence relied upon bythe applicaumand ASHLAND PLANNING COMMISSION on the applicable criteria are available for inspection at no`oat and will be provided at reasonableoosl,ifrequested Aeopyofthestaffrepo rtwalbeavailableforiwp"m I OTH DAYOF NOVEMBER, 1992 AT7:00 P.M. �danpi"+nuehearin ga nd,„ubep ro�idedat reasmableeoatirrequenednu at the ASHLAND HIGH SCHOOL ENGLISH n"""alaare available at the Ashland Planning Department City Ml,20 FAA Main. Ashland,OR 97520. LECTURE HALL, 201 S. MOUNTAIN AVE, During the Public Bearing,the Chair shall allow(alimony from the applicant and Ashland, Oregon. thosein ayudanceconcemingthisrequesL The ChayshallhawthcrigMtolit i the length oftcdimony and require that commons be restricted to the applicable criteria. 7beordina ricer sitaiaapplicabletothisapplicatimareanacbedtothisnolioe.Oregon lawdito d atf dimtoraimemobjeaim om=rning d isaWlicdie ckhmbh permit If you have my question or commnn s concerning this requess,please feel free to or by lelta•.orLilure to provide sufficient specificity to afford the decision maker an fact Stuart Yana at the Ashland Planning Department,City llaq at 48&5305. opportunity to respond to the issue,precludes your right of appeal to the Lard Use ' - ASHLAND -- STREET 2101 : 2M I2" zam eao um cam 11200 - 60Ja� SW,• 1190 ]m 'am rn r I jInU 2111 Ld m✓. .. ,� r ,a � r zlo3... fL7'rdtA f s, om� nao Joao 5.1-aee 'De �al{ta.� Iwo N two I , _ c FOREST ` z STREET a,o - zaco zaa7 i zeoo W ` W 207 21M zta Y.12]�J I ZiJO :t H 2�1 1JI no J .jl sum - 125 r� ( .i 2217.•. 22p! IV .e a sir t "CASCADE SrRM t-t I smh+l grit �x ale z4o" rm,a ` i»soil zne� zn>ra 21212 t)gp2t:grloM( - I -1 ^rr !1a'r = 2207•. - W 2126 ( •® O I n I . 1•.,. 2312. raarrtloa qar 1 ..� 2Q5 � - i �. I �.a.•i � . PLANNING ACTION 92-104 is a request for an amendment to the Street Dedication map of the Ashland Comprehensive Plan, modifying the existing dedication between Morton Street and Weller Lane on Forest Street. Modifications as shown on attached map. APPLICANT: City of Ashland BEFORE THE PLANNING COMMISSION November 10, 1992 IN THE MATTER OF PLANNING ACTION #92-104, REQUEST FOR AN) 'Ppd-r aS AMENDMENT TO THE STREET DEDICATION MAP OF THE ASHLAND ) -FINDINGS, COMPREHENSIVE PLAN, MODIFYING THE EXISTING DEDICATION ) CONCLUSIONS BETWEEN MORTON STREET AND WELLER LANE ON FOREST STREET. ) AND ORDERS APPLICANT: CITY OF ASHLAND ) -------------------------------------------------------- RECITALS: 1) The property involved is located south of Ashland Street between Weller Lane and Morton Street and is zoned R-1-10-P; Single Family Residential. 2) The applicant is requesting an amendment to the Street Dedication map of the Ashland Comprehensive Plan, modifying the future Forest Street dedication between Morton Street and Weller Lane. 3) Type III amendments may be approved when one of the following conditions exist: a) A public need, supported by the Comprehensive Plan. b) The need to correct mistakes. C) The need to adjust to new conditions. d) Where compelling circumstances relating to the general public welfare require such an action. 4) The Planning Commission, following proper public notice, held a Public Hearing on November 10, 1992, at . which time testimony was received and exhibits were presented. The Planning Commission recommended that the City Council approve the application as presented. Now, therefore, The Planning Commission of the City of Ashland finds, concludes and recommends as follows: SECTION 1. EXHIBITS For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony will be used. Staff Exhibits lettered with an "S" Proponent's Exhibits, lettered with a "P" . Opponent's Exhibits, lettered with an "O" 2 Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an nMn SECTION 2 . CONCLUSORY FINDINGS 2 . 1 The Planning . Commission finds that it has received all information necessary to make a decision based on the Staff Report, public hearing testimony and the exhibits received. 2.2 The Planning Commission finds that the proposal to amend the Street Dedication map of the Ashland Comprehensive Plan is necessary to correct mistakes as outlined under 18 . 108. 060 B. 2. 3 The Planning Commission finds that due to the development of the Weller Lane subdivision and the construction of a residence at 610 Ashland Street it is no longer possible to extend Forest Street over to the northern . portion of Weller Lane. The Commission emphasizes that this deletion involves only a short segment (approximately 163 feet) of the future Forest Street which passes through the center of tax lot 2000, approximately 325 feet south of Ashland Street. 2.4 The Planning Commission finds no evidence in the record at this time which would warrant modification of the rest of the Forest Street dedication, which runs through tax lot 1900 and along the east and south property line of tax lot 2000. The Commission finds that a street connection between Morton Street and Weller Lane via Forest Street, with its gentle grade change, will facilitate local bicycle, pedestrian and automobile traffic between neighborhoods. The Commission believes that establishing interconnections between neighborhoods through the establishment of a modified-grid pattern provides for a more efficient, convenient transportation network by facilitating the use of alternative forms of travel (i.e. , bicycle, public transit, and pedestrian) , and provides needed alternatives for emergency service vehicles. SECTION 3 . DECISION 3. 1 Based on the record of the Public Hearing on this matter, the Planning Commission concludes that the proposed amendment to the Street Dedication map of the Ashland Comprehensive Plan, modifying the future Forest Street dedication between Morton Street and Weller Lane is supported by. evidence in the record and necessary to correct mistakes. Therefore, based on our overall conclusions, we recommend that the City Council approve Planning Action 192-104. Planning Commission Approval Date 3 stop line at the intersection appears to be back too far. When this issue came before the Traffic Safety Commission, they said they would forward a recommendation to the State Highway Department to move the stop line closer to the light to the State Highway Department. They made no further recommendations regarding vision clearance or design with regard to the Planning Action. The Engineering Department has reviewed the site plan and elevations and have no recommendations, as there appears to be no problem but it is a State intersection, out of the City's direct control and they do not make formal recommendations at State intersections. When the Italian Cypresses were taken down, it drastically changed the vision clearance. Give the above information, Staff sees no further problems with this application and recommends approval. PUBLIC HEARING Jac Nickels appeared to answer any questions. COMMISSIONERS DISCUSSION AND MOTION Armitage was satisfied that enough people have looked at the application and moved to approve with the previously stated Conditions. Medinger seconded the motion and it carried unanimously. TYPE III PLANNING ACTION 92-104 REQUEST FOR AN AMENDMENT TO THE STREET DEDICATION MAP OF THE ASHLAND COMPREHENSIVE PLAN, MODIFYING THE EXISTING DEDICATION BETWEEN MORTON STREET AND WELLER LANE ON FOREST STREET. MODIFICATIONS AS SHOWN ON ATTACHED MAP. APPLICANT: CITY OF ASHLAND STAFF REPORT This action has occurred because of the Minor Land Partition request on Lot 2000 when it was determined there was street dedication to be done as part of the Minor Land Partition. .The street dedication map shows a dedication completely across the property as an extension of lower Forest Street (Aftemate A) and this alternate is Staffs recommendation. The other options (B, C, and D) are outlined in the Staff Report. Copies of letters received tonight are marked as follows: Sarah and Bill Walker - „ ASHLAND PLANNING COMMISSION y - REGULAR MEETING - - MINUTES NOVEMBER 10,1992 y Exhibit M-3, Rod Badger (11/10/92) - M-4, Mark and Jenni Danis - M-5. Ex Parte Contacts and Site Review ►Powell had a difficult time f:nding the stub where Weller Lane was supposed to connect. ►Thompson noticed that from Forest Street there is a path that runs diagonally across to Ashland Street. He walked with Cloer and McLaughlin up Weller Lane toward Waterline Road along the ditch to see the feasibility of connecting with pathways to Waterline Road to the area below. Appears it is possible. ►Medinger is familiar with parts of the area, as well as Badger's property. ►Cloer visited the site and noted the very difficult area off of Cascade and trees that would be impacted by the zigzag route. It seems evident that the stub off 620 Weller Lane will be a problem. ►Armitage had a site visit throughout the area. ►Jarvis had a site visit. ►Hibbert had no site visit. PUBLIC HEARING TOM KEEVIL, 600 Ashland Street, showed the location of his house on the map. His property is accessed by way of an easement across the Badger's property. His property will be Impacted because the recommended dedication will cross his property boundary. He would be opposed to Alternate C because of the cul-de-sac and because it would be a fire hazard. He believes the street stub was well established off Weller prior to the homes being built. Keevil recalls that the intent of the Planning Commission was to move straight across from the Weller Lane street stub to Cascade. He was concerned when Cascade was constructed because of the tremendous cut and fill that took place. Upon Contacting the City, he was told by Engineering that there was an engineered plan by Lewis to finish Cascade Street Keevil favors Alternate A as it would encourage pedestrian and bike traffic. PAT WOLFE, 650 Forest Street, favors Alternate A. She owns five acres.adjacent to Keevil. She recalls the zigzag shape came into being after asking an engineer to design the street. Weller Lane residents knew how this would be developed. Wolfe asked what she would have to do to put in a street if it is dedicated according to Alternate A. McLaughlin responded that she Would have to develop the street at the time she decided to develop her property by splitting off additional lots. STEVE JANNUSCH, speaking on behalf of Badger, stated that Badger came into the process when Weller Lane and Morton Street were proposed. Badger felt he had convinced the Planning Commission to go with something similar to Alternate B. He ASHLAND PLANNING COMMISSION ' 3 REGULAR MEETING - MINUTES NOVEMBER 10,1992 . wanted that option to occur because of the trees on his property that Badger has spent $15,000 to $20,000 to maintain. Jannusch showed slides of Badger's property and the grove of trees and how several trees could be lost through the zigzag street design. Jarvis would be concerned about the engineering of the street and steepness-of the slope on Alternate B. How would the other lots be accessed? Jannusch believes private driveways would be workable. By going with Alternate A, the applicant will be bearing a big expense and forcing the property owner to request maximum density. Medinger wondered why Alternate A would have to cut through so many trees. Fregonese said that by approving Alternate A, it would mean that it is the Planning Commission's policy and intent to connect Weller Lane to Forest Street and the road does not necessarily have to go in a straight line. The road design can be flexible. Jannusch said his client would like to preserve the grove of trees. ROD BADGER, 610 Ashland Street, referred to his letter. In 1983 and 1984, previous Planning Commissions had clearly established their intent to connect Weller and Morton through Cascade Street. The way he intends to develop his property depends on this connection. The zigzag appeared on the map without any public review and he does not know how it appeared on the map. This will effect the entire use of his property, increasing the cost of development tremendously. He would like the Commission to look at the record from 1983 and 84. Thompson asked if Badger would consider using access along the west property line. to the remainder of the property. Badger said If they could provide alternate access to the Keevil's property, that they would ask them to vacate their easement through Badger's property. He would access lots from Cascade, his private driveway and Ashland Street. Thompson queried whether Cascade Street had been built in 1983. Badger responded that when Mr. Lewis proposed his extension of Morton, that it was a requirement by the Commission, the Commission insisted that Cascade be connected to stub off of Weller. Morton Street had not yet been built.. DONNIE.CASTLEMAN, 555 Weller Lane, representative for Welter Lane Homeowners Association, said that as a resident on Weller Lane, he sees the problems with increased traffic on a narrow street. There would be a problem with grade on Alternate A. Maybe there should be other alternatives that haven't been examined. .PAT WERLICH, 610 Weller Lane, said she would be impacted 'rf the road went from Weller to Forest. The trees will have to be moved, however, the pine bark beetles infect the whole grove and they won't live that long anyway. ASHLAND PLANNING COMMISSION q REGULAR MEETING - - MINUTES NOVEMBER 10,1992 - - 6 Thompson thought some pedestrian easement should be included. Medinger asked if anyone remembers how the Forest to Weller connection got on the snap. Fregonese vaguely remembered drawing the map and adopting the street dedication. Thompson imagined that Cascade Street was probably selected to connect with Weller, but when Morton Street was actually built, it didn't work out in a feasible way. COMMISSIONERS DISCUSSION AND MOTION Thompson would like to change the ordinance to read "Street, Path and Greenway Dedication". Thompson felt Alternate A considers only the car, not the pedestrian. McLaughlin felt the pedestrian paths should be considered at another time, on a larger scale and looking at different areas. Powell moved to adopt PA92-104 with the deletion of the Forest Street dedication that goes through the Badger property and would instead encourage Forest to connect with Forest as ft appears on Alternate A. Armitage seconded the motion and it carried unanimously. PLANNING ACTION 92-122 REQUEST FOR ANNEXATION OF APPROXIMATELY 50 FEET OF THE REAR OF THE PROPERTY AT 2359 HIGHWAY 66 (KNIGHT'S INN MOTEL). AREA TO BE . ANNEXED CURRENTLY IS DEVELOPED MOTEL UNITS. APPLICANT: CITY OF ASHLAND/BORDEUR & BRODEUR Site Visits and Ex Parte Contacts ►Jarvis made the only sfte visit. STAFF REPORT It was recently.found that the rear 30 units of the Knight's Inn Motel is out of the City limits at this time and Staff has been working cooperatively with the owner to annex the land into the City. The Comprehensive Plan shows the area as E-1. The Ordinance allows for annexation of that area and Staff recommends approval. ASHLAND PLANNING COMMISSION - REGULAR MEETING - MINUTES NOVEMBER 10,1992 - ASHLAND PLANNING DEPARTMENT STAFF REPORT November 10, 1992 City of Ashland PLANNING ACTION: 92-104 Planning Exhibit Exhibit S-1 PA8 9a-ro y APPLICANT: City of Ashland Date November 3, 1992 Staff Mec LOCATION: Area south of Ashland Street between Weller Lane and Morton Street. ORDINANCE REFERENCE: 18.108 Type III amendment of Transportation Plan REQUEST. Modification of existing Street Dedication Map, modifying the street dedication between Morton Street and Weller Lane on Forest Street. I. Relevant Facts 1) Background - History of Application: . This action was originally scheduled to be heard at the September, 1992 Planning Commission meeting. Delay in a parallel application for a minor land partition of property in this area (PA92-102 - Badger) also delayed this application. 2) Detailed Description of the Site and Proposal: At present, the street dedication is as indicated on Map "A", attached. Staff is recommending that it be modified as indicated on Map "B". The purpose for the modification involves the location of an existing residence and the development of Weller Lane. When Weller Lane was developed, there was much discussion about the connection of Weller with Forest Street, and where that connection should take place. Essentially, there was a street stub dedicated at the upper end of Weller.Lane for future development and connection to Forest Street. Not only did this provide an additional interconnection, it also kept Weller Lane from being a dead-end street in excess of 500' in length. Therefore, the street stub and subdivision approval were contingent on a connection being made. i In previous years, a residence had been constructed at.610 Ashland Street, which is located partially in the area indicated for a street connection between Morton and Weller Lane. . 8 Between the Weller Lane development and the construction of the home at 610 Ashland Street, it became impossible to develop the connection indicated on.the street dedication map. Therefore, Staff is recommending that a short portion of the proposed street be deleted in this area, modifying to match and adjust to the previous approvals and construction. II. Project Impact This action has raised some concern in the neighborhood, and has provided an opportunity to address the street development of this area in more detail. In addition to the proposal put forward by Staff, additional input has been received from the surrounding area. These other proposals are included in the packet and indicated as Alternates "A-D". ALTERNATE A: This is essentially the proposal recommended by Staff, and noticed to surrounding property owners. Included on this map is a proposed development plan. We believe this to be an efficient design, limiting the number of flag drives while still allowing for an interconnection between Weller and Morton. Also, this option provides the interconnection with the least grade difficulties. ALTERNATE B: This is an alternate proposed by Mr. Rod Badger, the applicant for the minor land partition of lot 2000. Mr. Badger's option lessens the overall amount of road improvement necessary, allows for the interconnection of Weller and Morton Streets, and still allows adequate development of the property. Staff's concerns involve the connection at Cascade Street. This is a very steep area, and will require a tremendous amount of fill, or a significant amount of unique engineering. Further, the connection at Cascade connects Weller Lane to the steepest portion of Morton Street (>20% grade), and does not provide a desirable secondary route out of Weller Lane. .Further, the cul-de-sac development off of the end of lower Forest Street provides for an inefficient development pattern (many flag drives) for this area. PA92-104 : Ashland Planning Department — Staff Report City of Ashland November 10, 1992 Page 2 ALTERNATE C:, This is an option proposed by some Weller Lane neighbors, not wishing Forest Street to be connected over to Morton Street. This proposal involves creating an additional cul-de-sac, with a similar development pattern to Weller Lane. Staff's concerns with this plan are that it doesn't provide the interconnections that the Commission and Council have directed Staff to make in our transportation system, and it results in two dead-end cul-de- sac streets in excess of 500' in length. This would be in violation of the original Weller Lane approval, and the current land use ordinance. ALTERNATE D: This is another alternate prepared by Staff, showing the ultimate connections and development of streets in the area. While it is possible and could be developed, we believe that it is "overkill" on interconnections and street development. III. Procedural - Required Burden of Proof An amendment to.the transportation plan is a Type III amendment subject to the following criteria: Type III amendments may be approved when one of the following conditions exist: a) A public need, supported by the Comprehensive Plan b) The need to correct mistakes. c) The need to adjust to new conditions d) Where compelling circumstances relating to the general public welfare require such an action Given the development of the home at 610 Ashland Street, and the development of the Weller Lane subdivision, we believe that this is clearly a need to adjust to new conditions, since the previous conditions have changed to such a degree that the street could not be constructed as indicated on the existing street dedication map. 9 PA92-104 . Ashland Planning Department — Staff Report City of Ashland November 10, 1992 t0 Page 3 IV. Conclusions and Recommendations Staff recommends approval of the plan as indicated on Map 'B". PA92-104 Ashland Planning Department — Staff Report City of Ashland November 10, 1992 11 Page 4 M AT EXISTING STREET DEDICATIONS AS SHOWN ON THE ADOPTED STREET DEDICATION MAP. 2819• .Roo o 19040 1800 000!!' wo ....• « 2ro2 Q 2110 Wwrr+3NR le,A4 �fiq. . 700E 2111 W �o3a eEx2 i W { .. 2 aoo 103 11400 N 1300 3 •2112 2104 i. 2105 �.. . FOREST ` z 2113` , .O. 2V- 2107 1 „' f A O . 2106 ` 2114 2m 7{ . 4 ¢, ... I 2•w ^�(� 221E 2K10 ' cm- W S . Q 2L1C t GG,K . iGW. • ' C Y-• FQREST e Si :CASCADE STREET - r 2126 2116 . mink Ro01 •_ .?7J .O 34Ac •I� - 12205 2204.'• . f 2117CA 2127 - 9 L'.S�AC 02.Ac 1 ti . 2?cZJ. . . M_._ '.W. . OPE,"RWE • W TRACT a +�` s� 8LK1 2126 ` .. - o .0 2$A N a« . " 221. 2119 � � +y�. �. t,; - 2125': : .: 7208 • 1 1. � . �i 0 nsnc 2209 ossac FINAL STAFF RECOMMENDATION «�•• 2000, 1960 1800 21q i •.. 2bH 209 1700 woo , 2102 • W .. � 1500 2103••. - 11400 (n 1300 8LK I �. _ s .4112 2104 W5 FOREST'. . z ' I 2113` 2300 it �i4o0 O I 2107 2106 • 2114 �� 22 2115 uN�` 2100 �.. 2 1 C'_9.f: 2202 ,,� 2203 < 22Ji W • 2 1 ' t ..,.. e. 3 _tea: 3 r - - ` `:4059G50E STREET - �:n•, • 2126 R00 r _ ,. ??J� 2116. •, .^%='4 r' 2105 ',204' . 2116 • 2127 - ••o-Y. 21170A _ 9 aj<4 02.AC . . 2223 t~11 _ T OPEN'.adf �.< " - C . 2207 sf W ]WYCT 8UC( A 2126 ° .0 24A: 221• »4 .2119 . 2125 l L 0 36 vrlk ill.,.. ASHLAND STREET i2101 2108 2109 2000 1900 djI4 600 3 O 2102 2110 2111 ;1 700 - O �. Z 2103 ` � (� ;U 1300 rri 2112 2105ouu uo FOREST ST. 2113 : T • 2219 2107 2106 I 2114 2218 2115 2100 ' •2129 �. • 2217 FOREST """"'"� STREET ' 2128 ••2001 �••�• CASCADE ST. 2116 2205 2204 2216 2118 2215 2117CA 2127 2220 2207 2126 2119 2215 2 25 2209 2208 9T �,p 2124CA - 2,21 <TNe �O 2213 "yam •rra. 2210 212 2122C •�'��• r rn � a , a m � m IRitENT STREET V�'pff;/NI7pN Ap ASHLAND STREET 2101 2108 2109 2000 1900 1800 1700 1600 600 3 _ O 2102 1601 ;U 700 2110 2111 � Z 1500 � 2103 � 1400 m 1300 m 2112 � y :� •o♦•♦ 2104 2!05 2� FOREST ST, 21t113 ♦.��••• 2300 2400 2219 2107 2!06 2114 2201 2200 2218 2115 2100 2202 2203 2217 2129 FOREST STREET 21ze tool CASCADE ST. 21!6 2216 2205 2204 2118 l� 2215 E117CA 2127 2220 2207 2126 2215 2!19 2!25 2209 2208 �i- 9�\ 2124CA zlzl <tNe fJO 2213 2210 9d . ... 212 2122 •��• ♦ ' • ^ D. fA r a z m 0i+10M IS ASHLAND STREET 2101 2108 2109 2000 1900 1800 1700 1600 600 3 o - 2302 2110 1601 A 700 2111 O � Z 2103 1500 1400 r9 1300 m [ 2!12 '-1 2105 9 2104 �� - ■ ® •• u••u• •u u• . ...... ...... FOREST ST. 21!3 : 2300 2400 2219 • • i 2107 206 I • • .2114 • .2201 2200 i 2218 • i 2115 2100 • i • 2202 2203 • 2217 2129 i i FOREST ^.4 w 3w STREET; zee 2001 CASCADE ST. 2116 • 2216 ' . . :�� •• 2205 2204 2118 2215 2117CA 2127 2220 2207 2126 2`19 2215 2125 2209 2208 9J, F� 2124CA 2121 .�TivF 9d •ema�• 2zc 21z 212 u�o ti � ♦ D Z M, UL6E 44146 NE(&gW%S O"ON ASHLAND STREET 2101 2108 - 2109 2000 ;1900 1800 1700 1600 600 1601 A 700 2102 2110 2111 , -1 C3 � � 1 Z 1 103 ' 1500 � 2 <� 1400 .Z7 1300 m m --i 2104 2105 9'G� ® ■ :............. i FOREST ST, t...... ...... 2!13 • 2300 2400 2219 . i 2107 2106 2114 2201 2200 2218 � s MIS 2100 i 2202 2203 2217 2129 a FOREST STREET • �e 2128 CASCADE ST. 2116. 2216 2205 2204 2215 21!8 2117CA 2127 2220 2207 2126 2215 2119 2125 2209 2208 9T 2121 2124CA �O 2213 2210 9d •!RS•• 212 z122 •`�•• r_ � y • � r a z m e.oNNECToNS• S-rAF'F OPr*N �7 November 2 , 1992 Ashland Planning Commission City of Ashland 20 East Main St . Ashland , Oregon 97520 Dear Commissioners : This letter is in response to Planning Action #92-104, . which involves , ostensibly, a change to the transportation plan for properties situated between Morton Street and Weller Lane, south of Ashland Street . Properties affected by the transportation network in this area, which do not presently have through streets , are owned by Mr. and Mrs . Thomas Keevil , Mr. and Mrs . Rodney Badger and Ms . Pat Wolfe . The question involves the best location for a through street , . decisions previously reached by Planning Commissions, years ago, and the process , including months and years of public hearings , whereby property owners affected understood certain issues which apparently are . now not being endorsed . Transportation plans typically are conceptual in nature, „ where they apply to dedication requirements.. It is recog- nized, that a street will be needed within a general vicinity to connect other streets" is the. concept generally mandating the need for a dedication. In this neighborhood, Forest Street was the first stubbed street installed many years ago, anticipating that some means of servicing the vacant lands to the west would bera proVidedn. And this was the intent, until the approval of the Weller Lane project in 1,983 and 1984. ' It was during the public hearings. on this project that testimony was received endorsing an alternate route for the connection to -the- southern extension. of Morton Street. Records of the testimony from the public hearings are enclosed with this letter, and we would ask that the Commission would take time to read these excerpts from the files at the {� �1� 1�1 Planning Department , under Planning Actions #83-47 , and #83-92 . References were still made at this point to Forest Street , since no name yet existed for what would become Cascade , but movement of the connection was definitely discussed and strongly considered by the Commission at that time . Then came review of the Morton Street project . Again, testimony was received at the public hearings addressing the need to connect the southern extension of Morton ( subsequently named Cascade) with Weller Lane . Attached to this letter are additional segments of testimony, from the minutes of Planning Commission meetings held in August and September of 1984, where the Commission reviewed Park Estates III . Letters from affected property owners are enclosed also, to establish the pattern of events leading up to the decisions reached during these hearings . It is clear in these documents that the Commission fully intended to replace the Forest Street link with Weller Lane, with one connecting to Cascade. The Commission required Mr . Lewis, the developer, to provide dedication and means of improvement for Cascade, for the specific purpose of linking to Weller. A copy of a letter from Duane Venekamp, a real estate appraiser indicates the estimated additional cost to Mr. Lewis for such improvements, between $.23,000 and $26, 000 additional. Why else would they have required such a dedication, with improvements, were it not to provide a link to Weller Lane. The reasons for Commission 's actions during that time are apparent to anyone who would take the time to walk. the site. Great concern existed then for retention of existing vegetation in all development. The straight link between Morton and Weller would be through a natural opening in the trees to the south of Badger ' s and Wolfe ' s . `The plan which calls for a "zig-zag" between Badger and Wolfe goes directly through the heart of a grove of trees, and would end, at Forest, with the destruction of one of the most beautiful oaks in the city. This is so unnecessary, since a like number of !9 (3) units can be served for all affected lots , by each of the plans . C Certainly a good deal of controversy has been generated from the approval of Park Estates and the slope of Morton Street accessing the development . Many of Ashland ' s residents point at that street and wring their hands ; beleiving :it is such a terrible thing . One has to wonder how terrible it tru4 - has been for the people living in the fine homes . within that development , as they appreciate their views and watch their property values escalate ! To retain the link at 'Cascade will mean a few more vehicles driven on that stretch of Morton, a total distance of approximately 300 feet beyond the intersection of Forest . This would not be a primary egress point to the downtown, and would have an alternate route, through Weller Lane, if people did not choose to drive on the slope. In contrast, to require a dedication and street improvements through the heart of the grove of ' trees and the destruction of the oak would exact too dear a price. It is truly ironic . . . . How many times have we as planners lamented titles given to dist_-icts or streets which only serve as a sorry legacy of what that area used to be. Physical Constraints was created in part to prevent the needless destruction of Ashland 's natural resources . The filling of lVolman Creek comes to mind; where once was a creek and home for urban wild animals is now Tolman Creek industrial park. Will there be a "Forest" Street in this area at the expense of a significant part of our urban forest? Don' t let that happen. Follow through with the. inten.f and- purpose of the Commissions which have preceded you. Eliminate the Forest Street link and approve the Cascade Street connection to Weller Lane. It makes the most sense. Thank You. Steve Jan usch Ashland Planning Commission City Hall Ashland , OR 97520 June 7 , 1983 Re: Planning Action # 83-47 Dear Commission: The property on which Ed and JoAnn Houghton are proposing a 24-unit PUD is immediately west of our property and shares a common boundary with our land. We wish to enter the following comments and requests into the public record of the hearing for the preliminary approval of the project. 1 . While acknowledging the Houghtons' right to develop their property, we are distressed to see so many units proposed for the development. The difficulties of providing access to so many units are apparent from their map. We would prefer that there be fewer and larger lots created in order to decrease the traffic and disruption to the neighborhood that so many units will cause. 2. We strongly oppose the staff recommendation that a future extension of Forest Street be stubbed out in the PUD. A straight-line extension of Forest would pass through our back yard only a few feet from our back door and would require removal of one of the largest and most beautiful oaks in Ashland. Routing the street north of our house an acceptable distance would put it so close t-i Ashland Street that there would be no need for Forest Street at all . Routing it south of our house would put it very close to Pat Wolfe's house and would cut a swath through our woodlot which we are now managing as our back yard We certainly will never deed land for the extension of Forest and neither will Pat Wolfe, whose land lies between our property and the end of Forest. To require the Houghtons to deed land for a street that is not needed and will never be built as long as we own the property is absurd. If the stub were paved, it would likely end up being the parking lot for recreational vehicles and second cars. In any case it would impose an unnecessary expense and severely limit our own possibilities for utilization of our own land. Why would we landscape or make any long-range plans if a street would bisect our property someday? The City removed the Forest extension from its Comprehensive Plan long ago, and we built our house in its present and most desireable location with the solid understanding that the issue was settled. We request that you drop all plans for the extension of Forest Street once and for all ! 3. We strop 1 0 ose the Houghtons' plan to build a public walking path along t fie 12 east boun arj and our west boundary. The large number of people who would use the path, both residents of the Weller Lane development and the general public, would severely diminish our privacy. We also fear the additional risk to our woodlot and home of fire caused by smokers and children using the footpath. Tom and Jean Keevil , whose property lies south of ours and would also border the footpath, are also strongly opposed to the walkway. We have enough problems with trespassers who now use our driveway to hike up to the TID ditch. A public path would compound the problem a thousand-fold and make our yards a thoroughfare. Please delete the walkway from any plan you approve. Si cerely, 610 Ashland Street Rodney A. Badger Ashland, OR 97520 600 I shland Street Ashland, OR 97520 Nov. 6, 1983 John Fregonese Planning Director Planning Department City of Ashland Dear Mr. Fregonese; 'I would like to submit a comment conerning Planning Action #83-92, the final approval of the 'Weller Lane PUD on Ashland Street. I intend to speak at the November 9 public hearing, but the point I wish to make is such that you or a member of your staff might find it desirable to visit the site in question prior to that meeting. The final plan shows the proposed extension of "Forest Street" directly abutting my property, in a location which I and my wife find extremely objectionable. We do not object to the concept of a future road skirting -the northern edge of our property, but feel that the proposed location was decided without consideration for the nature of the properties involved. In particular,extension of this street across our property would result in the destruction of several dozen very large and beautiful trees, several of them nearly three feet in diameter. This would be especially deplorable since relocation of this road a mere 70 feet (approximately) to the north would allow it to .cross this beautiful heavily wooded area without the loss of a single tree. For historic reasons unknown to me a 40. to 50 foot wide—space has been maintained as an open meadow between two areas of very large trees. This meadow .would make an absolutely ideal route for a future street. In addition to the philosophical objections to the destruction of these magnificent trees, I would like to note that these trees comprise a major portion of the view from our home, and that replacement of them by a city street would greatly diminish the value of our home, both to ourselves and to future occupants. The southern edge of this meadow Perfectly coincides with the ro rt boundary between our land and the Badgers. Relocation of the "Forest Street' stu to cross the southernmost portion of the Badgers I land dire ct y abutting our an e th x uld solve this ro em an eve xo ec acceptable to the Badgers. I would also like to point out that the logical destination of this proposed street is not really Forest Street but rat er t e lDroposed extension of Morton Street to the east This would require a less tortuous path for the street, and would allow for future development of this area in a more rational manner. The lower portions of the Badgers and Wolfs' property is readily accessible from Ashland St. and Forest St. without the necessity of converting Forest Street to a through street. i If in fact this street plan were to be approved, I would have another suggestion. The practice of naming new streets after family members o£. the developers, while a great ego boost to those involved, does not contribute much to the character of the city. It is my understanding that the area in question here was known to prior generations as Bear Gulch. In fact bears regularly visit my backyard to feast on apples from my trees. Since the imminent construction planned for the hills above will undoubtedly drive the bears away, I would suggest that we preserve at least a memory of this area and name the road Bear Gulch Road. I realize that this would not be the first choice of real estate agents, but it would provide something of interest for future generations to ponder what Ashland must have been like once. If you do feel that a visit to the site would be helpful, I would be happy to meet with you to help in the location of property corners,or whatever. I can be reached at 482-1430 (home) or 482-6471 (office). Thank you for your consideration in this matter. Sincerely,, � Thomas A. Keevil .23 Ashland Planning Commission City Hall Ashland, OR 97520 November 7„ 1983 Dear Commissioners: A copy of the map for the Houghton's Weller Lane Subdivision has been forwarded to me in Corvallis. I plan to attend the public hearing for final approval on Wednesday, November 10, but in the event I cannot get there in time, please accept these comments into the record of the hearing. During the hearing for the preliminary approval of the subdivision I expressed my firm opposition to the extension of Forest Street across our property which borders the Houghton property on the east. However, during the committee deliberations it became apparent that the plan would be granted preliminary approval with the requirement that an extension of Forest Street be stubbed off Weller Lane. I then spoke in favor of locating that stub near the proposed Weller cul-de-sac to enter our property at our boundary with the Keevil property (between lots 18 and 19 on the Houghton proposal). I am pleased that the Houghtons have incorporated that suggestion into their final proposal, although I would like to .suggest minor modifications in the location of that stub street. 1. . The street should be moved slightly north from the location shown so that it will enter our property along the Keevil boundary. It is currently shown on my map as being entirely on the Keevils' land where it would jeopardize several large trees and create a narrow strip of their land north of the street if it should ever be extended east. Moving the street stub north to coincide with our boundary would place it in a natural lane and firebreak, so no large trees would have to be cut. 2. The street should eventually be planned to connect with the southern extension of Morton Street rather than with Forest Street. A straight extension east to Morton would provide better access for the subdivision's traffic and emergency vehicles than an angled or zig-zag connection to Forest. The easterly extension along our southern boundary ( if and when we ever subdivide our back lots) would have minimal impact on our property and would considerably reduce street frontage costs over a less direct route. . J. The name "Forest Street" should be dropped from the Houghton plan, because the stub would eventually bear some other name after its connection with Morton Street. We would suggest "Bear Gulch" in recognition of the local historic name for the area.. 4. Ifthe Keevils and Houghtons agree,the stub could be opened to connect with the Keevils' driveway in order to provide them better access to Ashland Street, to provide improved emergency access to the Keevil house, and to provide.access for the Houghton subdivision to the fire hydrant that is just east of the Keevil=Houghton property line.. Thank you for your consideration of these suggestions. �Si7ncerely, A Rodney Bge $Q✓ 610 Ashland Street Alf Ashland, OR 97520 homeowners association. Chmelir stated that the open space proposed is primarily a gravel based walking path and that not much real maintenance would be required for such a path . Greene then asked whether the landscaping was to be irrigated or not. Chmelir stated that the picnic area proposed and the island in the cul de sac were to be irrigated but that the paths would probahly not be. _ He.. then cited the Mountain Ranch Subdivision in which he lived for a while noting that assessment for each unit was $90 a year for the maintenance of four acres . 7 ) Greene then asked Chmelir whether John Hardy was doing the surveying and staking of the project. Chemelir stated that he was . He stated, however , he would be supervising the construction at the site himself . 8) Duane Smith of 639 Prim Street stated that it was important that the neighbors remember that the trees would not. be cut unless they develop their properties. 9 ) Pat Wolf -of 650 Forest Street stated that she had concerns about the extension of Forest Street and because of these concerns had consulted Everett Swain for professional aid. She stated that it was similar to the plan Fregonese had proposed. She continued by noting that she would hate to have the road go through her backyard once Forest was improved and that Badger' s and Kievel' s plans do not always: jive with hers . 10 ) The Commission then looked extensively at options for the extension of Forest Street. Everett Swain showed his proposal developed for Pat Wclf. A lengthy discussion between Commissioner: , Staff and .the public ensued while attempting to determine the most likely location for the extension of Forest Street. wolf asked whether conditions would be placed on her property for .future sale. Fregonese stated that this would only take place at the time her property was developed. 11) Thomas Keevil submitted a drawing noting that the proposed stub does not coincide with any property lines in the area and that by . extending Forest Street a sub-standard lot would be created based on the half acre. zoning for the subject parcels. He stated that he had bought his property many years previous and that nothing had been located close to his. property. Now with the recent developments in the area, Waterline Road borders his property and it may be necessary to improve Forest Street at a future time as well. He felt that this specific stub location would make his property undevelopable. Stout then clarified the. property lines on Keevil's drawing. 12) Rodney Badger of 610 Ashland Street stated he agreed with Keevil's assessment of how his property would lie devalued by the location of the .Forest Street stub proposed. He stated that this stub location determines the future location of any street APC, 11/ Page 8 extensions and that the placing of the stub between the Badger and Keevil property lines would he the most preferable in his estimation . i He did not feel that Chmelir' s argument that moving of the stub would create a lot with a funny street frontage held much credence and also that the splitting of the street around the trees was not pratical. He urged the Commission to consider the relocation of the stub for future connection to Morton Street. 13 ) Chmelir stated that the record should show that the developer is generous and. benevolent. lie stated that in posing the street stub he had honestly not considered the property lines adjacent. He felt it would be approriate to move the stub to the property lines between lots 16 and 18 of the development. He then. asked if making these changes he could receive approval of 23 lots with the 24th lot to receive approval as a Type I Planning Action. Ile noted further that the moving of the street stub would cost the developer more in engineering fees and stated that at soma time in the future they wished to approach the Keivels about tying into their waterline. After further discussion, the Public Hearing was closed. COMMISSION DISCUSSION AND MOTION 1) Pugh asked Fregonese whether the applicants could prohibit satellite dishes on the site. Fregonese stated that this was a condition of the developers on the Homeowner' s Association and it was his perogative to impose such a condition: Benson asked whether physical constraints would dictate that wood shingles could not be used in certain locations. Fregonese stated wood shingles would be prohibited on Class E land. After further discussion, Stout moved to approve the Planning Action with the recommended conditions and the added condition that an erosion control plan shall be submitted for review and approval by the Planning Staff and the Public [Forks Department for erosion mitigation and drainage during construction and upon completion of construction. Such. plan to be submitted prior to any construction on the site and an 8th condition that it is understood that the applicant move the Forest Street stub to straddle lots 16 & 18 to create less of an impact to the properties to the east. .Benson seconded the motion and the vote was unanimous to approve. ApC- 11- 1 -03 Ashland Planning Commission City Hall C Ashland, OR 975220 August 7, 1984 Re: Planning Action #84-070 - Dear Commissioners: I have received a copy of the preliminary map for the 18-unit PUD proposed by David and Rhonda Lewis. . Please enter the following remarks into the record of the public hearing scheduled for August 8, 1984. When the final approval for the Houghton PUD (Planning Action #83-92) was granted on November 9, 1983, the Commission required that a stub be located near the end of Weller Lane which would eventually connect with Forest Street. In my letter of November 7, 1984, and in my testimony at the November 9 meeting, I proposed that the stub off Weller be located to enter my land on the boundary between my land and the Keevil property to the south. I further proposed that the stub be planned to connect eventually with the southern extension of Morton Street instead of with Forest Street. Now that the Lewis reap is available, I wish to point out that the Lewis proposal could easily be modified as follows to accomodate my earlier suggestion. 1. Interchange the locations of the Flag Drive serving lots # 13, 14, 15, and 16 and the cul-de=sac serving lots #11, 12, 13 and 14. 2. Extend the new cul-de-sac, now serving lots #13, 14, 15, and 16, to the west to the Wolfe property line, and align this stub with the stub to be extended off Weller lane and with the north side of the Badger/Keevil property line. Such a proposal would have several advantages over a connection of Weller with Forest Street. 1. The Weller-Morton connection would be shorter and more direct than the Weller-Forest connection. 2. The Weller-Morton connection, if planned to follow the natural firebreak just north of my southern boundary with Keevils, would involva cutting no trees on my property or on the Wolfe property larger than 2" diameter. There would be minimum disruption to the site and the neighborhood. 3. The southern portions of the Wolfe and Badger properties and the north portion of the Keevil property would have full access for future development. A Weller-Forest connection would not serve the south portion of the Wolfe property as well. Currently the north portions of the Wolfe and Badger properties are adequately served by Ashland and Forest Streets. I am not reauesting that the Weller-Morton connection be approved at this time nor am I or any of my neighbors planning any sort of development in the foreseeable future for which we would require the cross street. I ask only that suitable modification be made `i:f the Lewis proposal now to permit this more logical connection sometime in the future. A few final comments: with your approval of this proposal for 18 units, of the larger, Lewis proposal to the south for another 40 or so lots, and of the Houghton proposal for 23 lots, you will change entirely the special woodland character of the south Ashland hills. 1 very much object to such high density development in this area. Fewer units on larger lots, with a dense tree canopy and preservation of such special scenic features as the large moss-covered boulders along the waterline road in the upper Lewis proposal, would help maintain the rural woodland character of the hills. The steep, easily eroded terrain and the difficult access problems warrant your most careful . supervision and control during the planning and construction. Sincerely, Rodney A. Badger 610 Ashland Street Ashland, OR 97520 cc to: David and Rhonda Lewis Tom and Jean Keevil Pat Wolfe �a At this point, the Public Hearing was opened. PUBLIC HEARING Roger Kauble , 173 Hersey, project engineer, stated that his client was willing to dedicate the easement for the ditch and the trail. He continued by noting that his client was requesting the 18th lot because he believed that it fits well and it is practical for the site. Owens asked ,Kauble his feeling about the redesign of the cul-de-sac. Kauble noted that Staff' s concerns had been taken care of and that they were eliminating the cul-de-sac completely. Greene then asked Kauble how the open space would be developed. Kauble stated that the area would be essentially maintained in a natural state though it would be cleaned up, meaning the majority of larger trees, both deciduous and conifers with the addition of a few picnic tables. He noted further that an easement for access would be dedicated to Dr. Hill's property to the east. Slattery asked Kauble whether he had read the letter from Badger. Kauble said that just that afternoon he had walked the property with Badgers proposal in mind and felt that it could probably be done. Further discussion ensued with Fregonese explaining the proposed transportation plan and how this revised Proposal could fit into it. Slattery asked Kauble to explain his declaration of bonus points relative to open space. Kauble noted that he intended upon leaving a good deal of the open space in a natural state. Dunlop asked Kauble to elaborate on the erosion control plan specifically addressing the concerns of the Armstrong letter. Kauble stated that he would be preparing specifications regarding any excavation on the site which the contractor would be required to adhere to. Also, it was his intent to provide revegetation with hydroseeding and mulch, including grass and wild flowers , for the exposed area after construction. Fregonese stated that he understood the neighbors and the Commission's concerns due to the previous problems experienced in the Cooper project. He wished to point out, however, that the Cooper project was unique in that the developer did not comply with the erosion control standards that had been submitted and approved. He continued by noting that the City has gone to court willingly and is going back to court again to accomplish what needs to be done to take care of the problem. Referencing the Park Estates erosion control plan, he said that it had been reviewed by the City Public Works Department and has been deemed adequate. APC . 8 18184 . Pan- Z 14 ) That access to all of the lots be shown on the final plan with engineering details for such access to be provided by the applicant. 15) That sidewalks be installed, as shown, at the time of the development of each lot. 16 ) That the applicant submit a Tree Management Plan, at the time of final plan approval, for review and approval by the City Tree Commission. 17) That granite sidewalks be engineered and installed where the concrete sidewalks will ultimately be constructed with the plans for such to be reviewed and approved by the City Engineering Division. 18 ) That greater detail regarding the treatment of the open space be submitted, including a site plan and a maintenance plan, for review and approval by the Tree Commission and the Planning Commission . ETZ t the applcant address the redesign of the Weller Lane/Morton reet extension at the time of final plan approval. 20 ) That the applicants design and install those driveways being accessed across the TID ditch from Morton Street. ' I TYPE II PLANNING ACTION PA 484-080 FINAL PLAN APPROVAL PARK ESTATES III OFF MORTON STREET APPLICANT: DAVID & RHONDA LEWIS PLANNING ACTION 484-080 is a request for final plan approval for Park Estates III, a 17-unit PUD above Forest Street off an extension of Morton Street. Comprehensive Plan Designation: Single-Family Residential/Low Density Residential. Zoning: R-1-7.5, R-1-10 , RR-.5 (Single=Family Residential) . Assessor's Map 4: 16AB. Tax Lot 4 's: 2200 & 2500. APPLICANT: David & Rhonda Lewis STAFF REPORT Greene asked the Commissioner's if they had had any ex-party contact. Slattery stated that he had been contacted by Dave Lewis regarding the Tree Commission memo. Hansen also stated that she had been contacted by Dave Lewis regarding the same Tree Commission memo and did not discuss it. Glen Munsell, attorney for the applicant, issued typed transcripts of the conversations Lewis had had with Slattery and Hansen. Jannusch gave the Staff Report referring the plan and touching on the highlights of the Staff Report. He showed a preference for the proposal's third phase and how it related to Phases I and II of the project. He explained that these three phases were merely Planning functions and that the applicants had subsequently divided the 69 units into 6 separate blocks through coordination with the City Engineering Department. He explained how the applicants were proposing to access the development noting on the plan the road extension of Morton Street, the proposed stub that would dead end on LWeller st portion of the property and would ultimately tie in with the Lane project. Additionally, he noted the building envelopes APC, 9/17/84, Page l a � him to eliminate it from the 1/2 acre zoning jurisdiction. ' Secondly, he felt that if the Hill lot had no access, the Planninc_ Commission could require the applicant to provide such access. However, with Hill already having primary access Fregonese felt that there was no public reason to request it. He felt that this was an ° issue to be settled between the two property owners and Greene then addressed the issue of the open space as submitted on the outline plan. Fregonese stated that the final plan should show this since it was .approved in the outline plan. Commission discussion then went to the Tree Management Plan . Fregonese stated that the Staff would arbitrate between the Tree Commission and the applicant and that if there is a problem in determining the details in the Tree Management Plan that the issue would be brought back to the Planning Commission. Benson then asked Staff whether they could look at a logical spacing of the street trees. Fregonese stated that street trees would be placed where appropriate. Owens then addressed the street dedication, stating that we should retain the requirement for an extension to the end of the project to the west. Greene agreed and felt that this was a logical extension which will ultimatley connect with the Weller Lane project. After further discussion, Owens moved to approve the Planning Action with Staff 's Conditions and the amendments to #6, and #8 as pre- viously outlined. The addition of a new Condition #10 as previously outlined and a new Conditions #11, that the street dedication for the proposed extension of right-of-'way to the west of the subject parcel shall be made a part of this approval and Condition #12 to read that the open space as outlined by the approval of the outline plan shall be made a part of the final plan approval. Slattery then seconded the motion and the vote was 5-1 to approve with Benson casting the only no vote. ADJOURNMENT The meeting was adjourned at 10: 20 P.M. f 1 32 APC, 9/17/84 , Page 8 November 5, 1992 Planning Commission City of Ashland 20 East Main Street Ashland, OR 97520 ° Dear Commissioners: - This -letter is in support of the staff recommendation for Planning Action 92-104 advising against a connection between Cascade Street and future development in the area. Cascade Street is appropriately named. It ends, next to my home on 682 Cascade Street, in what amounts to an abrupt cliff above nearby property owned by applicant Badger. A visit to the site will quickly reveal the extent of the precipitous drop. For many reasons, it would not be logical to attempt to connect Cascade Street to future . development in the area. As staff has pointed out, any such connection would require a tremendous amount of cut and fill. The new road connection would not only destroy the local viewshed and needlessly remove trees, but would also create an expensive and ongoing . maintenance problem for the City of Ashland once the street was dedicated to the public. In addition, any connection to Cascade Street would almost certainly involve a change of grade in the street itself. Such a change would include additional cut and fill along the section of Cascade Street between Morton and the current road terminus, and would also necessitate construction of expensive retaining walls. Besides the. ongoing City maintenance problem this would create, the change of grade would subject the City to liability for immediate or future damage or injury to any real property abutting upon the road. City liability could arise under an action for inverse condemnation and might also arise under ORS 105.760, which specifically provides for a cause of action against governmental agencies for damage caused by government- approved grade changes. Finally, and most importantly, I agree with staff that any connection to Cascade Street would only exacerbate the ongoing problem of dangerous access along Morton Street. " As staff points out, Cascade Street connects to the steepest Portion of Morton Street. It would not make sense to magnify the well-documented problems of sliding vehicles and questionable fire access by adding more traffic to this portion of Morton Street. 33 Planning Commission November 5, 1992 Page 2 Thank. you for the opportunity to comment on this planing action and for your consideration. Sincerely, _ Kurt H. Knudsen 682 -Cascade Street Ashland, OR 97520 (503) 488-4630 3M Contents of Record for Ashland Planning Action 92-048 REQUEST FOR COMPREHENSIVE PI:AN MAP AND ZONING MAP AMENDMENTS TO CHANGE THE ZONING OF THE AREA AROUND ASHLAND _ COMMUNITY HOSPITAL FROM R-2 (MULTI-FAMILY RESIDENTIAL) TO HC (PROPOSED HEALTH CARE ZONE). ALSO INCLUDED IS AN AMENDMENT TO THE LAND USE ORDINANCE ADOPTING A NEW CHAPTER FOR THE HC ZONE (18.54) AND ADOPTION OF THE ASHLAND HOSPITAL MASTER FACILITIES PLAN AS A SUB-AREA DEVELOPMENT PLAN OF THE COMPREHENSIVE PLAN. APPLICANT: CITY OF ASHLAND Public Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Minutes of Planning Commission Meeting 5/13/92 . . . . . . . . . . . . . . . . . . . 2 Planning Department Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 - Draft HC Zone ordinance (Chapter 18.54) . . . . . . . . . . . . . . . . . . . . . . . . . 13 -- Minutes of Historic Commission Meeting 4/8/92 . . . . . . . . . . . . . . . . . . . . 15 -- Master Facilities Plan for Ashland Community Hospital . . . . . . . . . . . . . . . 16 Official Statement from Peter and Michelle Kjenaas 4/12/92 . . . . . . . . . . . 37 Phone message from Mary Mann 4/17/92 41 Notice of Neighborhood Meeting 2/12/92 . . . . . . . . . . . . . . . . . . . . . . . . . 42 Notice of Neighborhood Meeting 11/13/92 . . . . . . . . . . . . . . . . . . . . . . . . 43 Letter from Michael McRae/Virginia Morell 10/13/92 . . . . . . . . . . . . . . . 45 Letter from Di Lorenzo 10/12/92 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Findings of Approval of Hospital Offices 8/6/91 . . . . . . . . . . . . . . . . . . . . 47 Hospital Mediation Agreement 6/13/91 . . . . . . . . . . . . . . . . . . . . . . . . . . 51 ly Ag 240 Notice is hereby given that a PUBLIC HEARING specify which ordinance criterion the objection is based on also precludes your on the following request with respect to the right of appeal to LUBA on that criterion. ASHLAND LAND USE ORDINANCE will be held A copy of the application,all documents and evidence relied upon by the applicant and applicable criteria arc available for inspection at no cost and will before the ASHLAND PLANNING COMMISSION be provided atmasonablecos t,if requested. Acopyof the gaff report will be on the13TH DAY OF MAY, 1992 AT 7:00 P.M. at available for inspection seven days prior to the hearing and will be provided at reasonable cost, if requested. All materials arc available at the Ashland ASHLAND.COMMUNITY CENTER, Planning Department Gty Hall,20 East Main,Ashland,OR 97520. 59 Winburn Way, Ashland Oregon. During the Public Hearin&the Chairshall allow testimony from the applicant and those in attendanceconcerning this request The Chairshall haw the right The ordinance criteria applicable to thisapplication are attached to this notice. to limit the length of testimonyand require that comments be restricted to the Oregon lawstates that failure to raise an objection concerning this application, applicable criteria- either in person orby letter,orfailum to provide sufficient specificity to afford thedecision makeran oppommityto respond tothe issue,precludes your right Ifyou haw anyquestions orcomments concerning this mqum4please feel free of appeal to the land Use Board of Appeals(LUBA)on that issue. Failure to to contact Susan Yates at the Ashland Planning Department,city Hall,at488- 5305. n[r sx AREA Of r'RC?066'7i 1 _ � LZONo Cth4A/Gc -POW i S. H- c s p afr A NLAND i Ito MUNITN i 3 Z . N WEAL it L 70 X. .NMN ST. 5-1 •�Y r[ •Yb �IJa �-r ` `1 � b.y E A R S B - :.=�Aar^•�; 4'O}- t NI rwa - 4 n —9, To N. ANA/-v $2. `vNev suwsrvtw - > �,a �ylr. Y PLANNING ACTION 92-048 is a request for Comprehensive Plan Map and Zoning Map amendments to change tr•, zoning of the area around Ashland Community ' ' Hospital from R-2 (multi-family residential) to HC (proposed Health Care zone,) , Also included is an amendment to the Land Use. Ordinance adopting a new chapter for the HC Zone (1854) and adoption of the Ashland Hospital Master Facilities Plan as a sub- area development plan of the Comprehensive Plan. APPLICANT. City of Ashland . criteria. Powell moved to approve PA92-054 with the attached five Conditions. Carr seconded the motion and it carried unanimously. Powell commented that she would like to see secondary sites located around the City. TYPE III PUBLIC HEARINGS PLANNING ACTION 92-048 REQUEST FOR COMPREHENSIVE PLAN MAP AND ZONING MAP AMENDMENTS TO CHANGE THE ZONING OF THE AREA AROUND ASHLAND COMMUNITY HOSPITAL FROM R-2 (MULTI-FAMILY RESIDENTIAL) TO HC (PROPOSED HEALTH CARE ZONE). `ALSO INCLUDED IS AN AMENDMENT TO THE LAND USE ORDINANCE ADOPTING A NEW CHAPTER FOR THE HC ZONE (18.54) AND ADOPTION OF THE ASHLAND HOSPITAL MASTER FACILITIES PLAN AS A SUB- AREA DEVELOPMENT PLAN OF THE COMPREHENSIVE PLAN. APPLICANT: CITY OF ASHLAND STAFF REPORT McLaughlin reviewed the background of this application in the Staff Report. The creation. of the Masters Facilities Plan went through two neighborhood meetings and a Planning Commission study session. The HC (Health Care) zone would replace the current R-2 zoning. The zone change to HC mimics what is in place now and would allow residential to continue, with medical offices being added as permitted uses. This master plan Is similar to the SOSC plan. The hospital has Identified different areas they wish to increase and those would come to the Planning Commission under Site Review, instead of a Conditional'Use Permit. Staff believes, given the history of the hospital and the work done in mediation,this Is an appropriate way to handle an important resource for our City and encourage the hospital to remain in Ashland. Staff would encourage adoption of the zone change and,the master plan and believe the documents in the record support the criteria for a Type III amendment. Staff believes there,are compelling circumstances relating to general public welfare requiring this action. McLaughlin mentioned a letter was submitted from the owner of 497 Chestnut.(391 E05DB, TL 5001) and Staff sees no . problem extending the zoning boundary to include that property. Supporting policies for the Comprehensive Plan change are from the Economic Element, VII-21, paragraph 4, Policy 2, implementation under 2C and Chapter 18.54. PUBLIC HEARING JIM WATSON,Administrator of Ashland Community Hospital, 280 Maple Street, explained how the hospital has experienced significant growth and must take action to alleviate ASHLAND PLANNING COMMISSION 4 / REGULAR MEETING . MINUTES MAY 1S,1992 Y space needs. Concerning zoning, Watson stated the vast majority of land is currently being used in a medically related field. Cloer wondered if the hospital was duplicating services offered elsewhe in the valley and if any thought had been given to a regional plan. Watson answered the plan would expand existing services in the first half of the decade and then, development would depend on demographics and the future of health care. Watson also emphasized that the hospital needs to be extremely prudent with their dollars. Medinger felt that this zone change would only make property values of residential lots much more expensive for the hospital to purchase for expansion. Watson.agreed that he has been contacted by almost every residential property owner because they realize the hospital is land-locked and property owners know their land is valuable. Fregonese interjected that the HC zone is not limited to the hospital. Private parties can buy and develop in the zone. The zone change around the hospital is to identify the area oriented to the hospital now and convert over time, as people desire. Map 5 in the packet was identified as the correct map. BEN BENJAMIN, 323 Maple, submitted a letter from Peter Kjenes, 509 Scenic Drive, dated May 12th (Exhibit 0-1). Benjamin stated that the result of approving this proposal would suffocate the voices of the neighbors. He would prefer using the Conditional Use Permit process. To enact this ordinance would be a violation of the neighbor's fundamental civil rights by discriminating against neighborhood input. The results of voices being heard would be through the mediation. However, items agreed upon in the mediation have not been executed. The fence around the back half of the hospital has not been removed and sidewalks have not been installed along Maple. Benjamin said that LUBA recognized traffic and livability and that this action is skirting around the neighbors. Other neighbor concerns are duplication of health care services and the hospital wedging and expanding into an already full neighborhood. Why could second story expansion not be considered? How much more development can Ashland handle based on the water record of the last seven years? Benjamin referred to Policy 343 of the Comp Plan-Citizen Participation with the goal to maintain a citizens involvement program that ensures citizens the opportunity to be involved in all phases of the planning process . with all citizens able to contribute their views. He asked that the record be kept-open for a period of time for more thought and input to occur and he requested a mediation to occur. It was clarified that the correct map is Map 5 and Map 4 will be deleted from the record and will not be considered in the long range plan. .. ASHLAND PLANNING COMMISSION 5 - REGULAR MEETING MINUTES MAY 13,1992 Fregonese replied to Benjamin that no action had been taken on the fence and sidewalk as these were conditioned upon development of the office. This is the first Fregonese has heard of any violation of mediation. The City has not attempted to go around and skirt the neighborhood. Two meetings were held to air any issues. Benjamin responded that this zone change would eliminate the neighbor's input. Fregonese said this does not eliminate anyone's input because there is a site review process with a number of substantial issue that are raised at that time such as traffic and capacity. Jarvis asked Benjamin that since he signed the mediation agreement that has an attached map showing development of office around the hospital, what are his concerns? Benjamin said the zone change contains numerous permitted uses and not conditional uses. CLITTIE KITCHELL, 139 Wimer, read a statement opposing the HC zone. She noted traffic problems particularly on Maple and North Main. She is concerned that Wimer will become a secondary route. She also read a letter she wrote to the Ashland Daily Tidings. MICHAEL MCRAE, 151 Coolidge, lives at the intersection of Coolidge and Scenic, and is concerned that the agreed upon boundary at a neighborhood meeting he attended was not changed on the map. McLaughlin said the map mailed to the neighbors is correct and the only property along Scenic that is included is the physical therapy office. McCrea felt some attention should be paid to the landscaping buffer between the hospital and Scenic to separate it from the residential properties. He has traffic concerns. Cars travel at high speeds up the hill and this is dangerous to children and animals. If citizens choose alternate streets, it will be a much worse situation. DEBBIE MILLER, representing Friends of Ashland Board, spoke to Policy 3 of the Comp Plan that citizens need to be heard. If the City gives up a chance for citizen input, they will be giving away a lot. It is not fair to legislate people out of their rights. JOAN MAGESKE, Walnut Street, had traffic concerns. On her way to work, she uses Grant to avoid Maple. Traffic has increased noticeably and is dangerous for children because of lack of sidewalks. HIMELWRIGHT, 499 Chestnut, stated that it would be extremely foolish for anyone to increase traffic as it is already out of hand and she wants each Commissioner to feel responsible for what happens on Wimer, Chestnut and Maple Streets. RICHARD WARICK, 563 Walnut, thought it seemed this re-zoning effort is like trying to put a moat around the hospital. It is segregated from the residences. ASHLAND PLANNING COMMISSION 8 REGULAR MEETING - MINUTES MAY 13,1992 :1 DAVID LANE, 1.700 East Main, said his major concern is with fairness. As a Commissioner, it is important to be fair to the hospital and those wanting to locate there and fair also to the residents that live there. To create a Hospital Zone, unfortunately, tends to take away the rights of appeal and the right of citizen input`. For example, what came out of mediation was a better project because there was power on both sides. The rights of the people need to be preserved. The only criteria for site review leaves out other important issues in the way of impact. " Lane suggested that the neighbors could be notified at the pre-app stage and have the ability to give input and build some criteria similar to the CUP into the ordinance. He requested the Commission not make a final decision and have an ad hoc committee form rapidly with hospital, Staff and residents to try. to preserve more citizens input. LANCE WINEBERG, 591 Chestnut, echoed all concerns heard in opposition. In looking to the future to where would the hospital expand, it does not make sense for the hospital to grow where it is. Each step for expansion will lead to the next step. McLaughlin read a letter from Peter Kienes, 509 Scenic Drive into the record. WATSON stated that his original comments continue to represent his opinion. The hospital has a mission dictated by the City Council. If citizens do not want a hospital, they will have to let the Council know. The zone change is a planning action, not a hospital action. STEVEN LUNT, 375 Granite Street, Chairman of Hospital Board emphasized that the neighbors have every right to come to the meeting and speak tonight. The hospital wants to expand on its own property. The hospital is not tax supported and Ashland should be proud of what they have. Lunt was a part of the mediation and what was mediated was what Benjamin agreed to. The hospital board recognizes the neighbors and are not trying to railroad anything through. McLaughlin addressed Lane's comments on the site review process. An application must meet all City ordinances, must comply with the site review chapter, site design and use guidelines, must show adequate capacity for city facilities, the Commission has the power to amend plans with regard to landscaping, building location and the power to control. lighting, pedestrian access, fire hydrants, and noise. A conditional use permit has similar criteria with a comparison being made to what would be normal development of the zone and impacts. Lane partially agreed with McLaughlin but felt the CUP judges livability. Medinger wondered if two-story development would be feasible but Watson was unable to answer, although felt that as the campus is now, single story is better. It would be more difficult to move patients in a two-story structure. i ASHLAND PLANNING COMMISSION 7 REGULAR MEETING MINUTES MAY 13,1992 L Cloer asked Lane or Miller to detail what they believed to be the elements of livability. Lane declined, stating he,would like to put together a reasonable response and he was not prepared to do that tonight. Cloer expressed his impatience with.Lane's statement since 6e livability issue had arisen over and over again. Fregonese explained that the Commissioners could limit the HC zone to the hospital campus only without going into the neighborhood at all. This would allow for expansion of the existing building and allow for the things agreed upon in the mediation agreement. He believes livability is a difficult term to define and any individual point of view can be valid. He also noted that there has been very little controversy for the medical offices built recently. COMMISSIONERS DISCUSSION AND MOTION Cloer said he would tend to go along with the proposal as presented. Carr thought it met the criteria for approval of a Type III amendment, noting that by approving, it should bring a reduction in traffic because patients would not have to move around so much in their cars. Carr also wanted tax lot 5001 included. McLaughlin said when notices go out for the City Council hearing, Tax Lot 5001 will be included at that time. Thompson agreed with the hospital zone. The master plan should cut through much red tape. The site review process, has made a way for coming up with a good plan. He likes the direction the Board has gone with interacting with the neighborhood. Thompson believes in mixed uses and this plan offers just that. Medinger is concerned that the HC wording should reflect the concerns Friends of Ashland have raised. Perhaps some language needs to be changed or added. He thinks there is a need to be consistent with the defined criteria in reviewing actions. Armitage said he would like to hear more on the livability issue and would be in favor of restricting the HC zone to something less than what it is now with the residential out of it. Powell is more.comfortable with map 4 deleted. She agreed with Staff and believes the site review standards are adequate in addressing each piece that would come before the Commission. Also, by consolidating the nucleus of the area,this should stop random and piecemeal development. This should make the process less tedious by eliminating the conditional use permit process. She agreed that traffic was a problem. ASHLAND PLANNING COMMISSION LI REGULAR MEETING - MINUTES MAY 13,1992 A Fregonese suggested that the best way to alleviate the traffic problem in the area is to make Maple the easiest way to get to the hospital. The State will be putting in a turning refuge in the next few months. A sidewalk and bus stop are imperative. By placing these items in the capital improvements plan, the City can prioritize and use SDC's to pay for these items. However, it will be a long time away from a traffic signal since it is a State Highway. Powell would like a provision that as any pieces develop on the Scenic portion, there should be a landscape buffer to preserve the residential. Carr said that was shown on Map 5. Jarvis expressed that though she is sympathetic with traffic concerns, she can see no difference in what the traffic will be as a result of approving or not approving this action. The likelihood of controlling the traffic will be more apt to happen 'rf the area is retained solely by the hospital campus. With the master plan it should be clear to the neighbors what development can take place. The Impact is minimal. Thompson moved to recommend to the City Council approval of PA92-048 with the attached Conditions and the addition of Tax Lot 5001 and requesting that sidewalks be placed in the capital improvement fund list and add a landscape buffer between the zone and residents on Scenic. Carr seconded the motion and it carried with Medinger abstaining and Armitage voting "no". .. Since Medinger was uncomfortable with the vote, another motion was made by Thompson to reconsider the motion in order to add language that would compel the hospital to use their space as efficiently as possible even if It would mean building a second story. Powell seconded the motion and it carried with Thompson, Cloer, Powell, and Medinger voting 'yes" and Jarvis, Armitage and Carr voting 'no". Thompson moved as in his first motion to recommend to the City Council approval of PA92-048,with the attached Conditions and the addition of Tax Lot 5001 and requesting that sidewalks be placed in the capital improvement fund list and add a landscape buffer between the zone and residents on Scenic. Add a paragraph regarding utilizing the hospital space as efficiently as possible, making certain uses possible in a second story that are consistent with adequate patient care. Powell seconded the motion and it carried with Armitage voting "no". The record will be left open so written materials can be submitted through the end of the day on May 20, 1992 and written materials can be included in the Findings document. ASHLAND PLANNING COMMISSION - 8 REGULAR MEETING . MINUTES MAY A 1842 - . APPROVAL OF FINDINGS Carr moved to approve the Findings for Planning Action 92-042. Powell seconded the motion and it was approved. Carr moved to approve the Findings for LBI and Friends, Jarvis seconded the motion and it was approved. Medinger left the meeting. PLANNING ACTION 92-033 REQUEST FOR CHANGES TO THE ASHLAND MUNICIPAL CODE — LAND USE ORDINANCE — REVIEW OF ZONE CODE SECTION 18.32 — C-1 RETAIL COMMERCIAL AND SECTION 18.40 — E-1 EMPLOYMENT. SPECIFIC SECTIONS REVIEWED INCLUDE ADULT USES AND DRIVE-UP WINDOWS IN THE C-1 ZONE, AND THE DEVELOPMENT OF AN "E-t=R: OVERLAY FOR RESIDENTIAL USES IN THE E-1 ZONE. REQUEST ALSO INVOLVES AN AMENDMENT TO THE ZONING MAP CREATING AN E-1-R" OVERLAY IN THE E-1 ZONE. STAFF REPORT McLaughlin reported that much of this ordinance was reviewed in March and he explained a timetable of meetings on these changes. The City Attorney reviewed adult uses in C-1- D zone and has stated that adult uses are almost impossible to define and regulate, therefore, Staff is recommending deletion of the section of adult uses and regulate as . would be done for theaters and bookstores. Drive-up windows need to be addressed also. It would be extremely difficult to weigh a drive-up window as a conditional use, therefore, Staff recommended that they be a specific permitted use as outlined in the Staff report and recommend that the trigger for allowing drive-up uses be limited by population. The Commission may further wish to limit the location of these windows and allowing them within the C-1 zone east of the intersection of Siskiyou Boulevard and Ashland Street. The R-overlay in the E-1 zone now includes a map. Fregonese would like to recommend that on page 10 of the Staff Report, under B that it would become B1. Retail uses limited to 20,000 square feet per lot, and B2. Shops and offices performing services. Delete "These uses shall be limited to no more than 25,000 square feet per lot, unless such lot is located on a street designated as an arterial in the Ashland Comprehensive Plan". These changes would bring the ordinance in line with the ASHLAND PLANNING COMMISSION 19 - REGULAR MEEnNG - MINurEs MAY 13,1992 - ASHLAND PLANNING DEPARTMENT STAFF REPORT April 14, 1992 C PLANNING ACTION: 92-048 APPLICANT: City of Ashland/Ashland Community Hospital REQUEST: Comprehensive Plan Map and Zoning Map amendments to change the zoning of the area around Ashland Community Hospital from R-2 (multi-family residential) to HC (Health Care). Also included is an amendment to the Land Use Ordinance adopting a new chapter for the HC Zone (18.54) and adoption of the Ashland Hospital Master Facilities Plan as a sub-area. development plan of the Comprehensive Plan. I. Relevant Facts 1) Background - History of Application: In April, 1990, the City Council approved an appealed application for four 2700 sq. ft. office buildings to be located on the hospital campus, near the intersection of Catalina and Chestnut Streets. The decision was appealed to the Land Use Board of Appeals (LUBA), and remanded on several issues. The action was then mediated between a neighborhood group, the hospital, and the City. An amended agreement was reached; and the Council adopted new findings for two, two-story.office buildings, with each level comprising 2700 sq. ft. These findings were adopted August 6, 1991. After the agreement was reached, the hospital began the,process of developing a master plan for future development, similar to the SOSC master plan. After initial development of the plan, which involved neighborhood interaction, the Planning Staff, Hospital, and the Hospital's planning consultant's held two neighborhood meetings to discuss and modify the plan. Also, on February 25, the. Planning Commission held a study session to review the plan, proposed zoning ordinance, and zone change. PA92-048 Ashland Planning Department— Staff Report City of Ashland/Ashland Community Hospital April 14, 1992 Page 1 5 2) Detailed Description of the Proposal: The proposal is multi-faceted. The different portions will be discussed separately: . Comprehensive Plan Map and Zoning Map Amendments - HC Zone Presently, the area encompassing the hospital campus, and much of the surrounding neighborhood, is zoned R-2, multi-family residential. The office, and the many medical offices in the nearby area are conditional uses. Any changes or new office in support of the hospital have been required to go through the conditional use process. It is proposed that the area indicated on the attached map be rezoned to HC, Health Care. This zone is intended to allow a variety of uses, including those currently allowed in the R-2 zone, as well as including medical offices also as permitted uses. The boundaries of the zone are proposed so as to include the entire hospital campus, as well as the nearby surrounding area, which includes several buildings already dedicated to medical uses. Certain areas were not included, to restrict the outright intrusion of medical offices into certain areas, while other areas were included to allow for adequate areas for support offices to develop for medical uses. Land Use Ordinance amendment - new HC Chapter (18.54) A new chapter is proposed for the land use ordinance relating to HC - Health Care Zone. As stated above, this zone allows for the uses currently allowed in the R-2 zone, but also allows other uses outright, in support of the hospital which occupies the center of the zone. The main additions to the permitted use section include medical offices, medical laboratories, sales/rentals of medical goods, ambulance services, and congregate care facilities. As stated, many of these uses exist currently in the area as conditional uses, with no complaints or concerns over their location or operation. One of the most important sections in the Permitted Uses involves uses specifically allowed by the Ashland Community Hospital Master Facility Plan. This plan will function much as the SOSC 2000 master plan, in that. if it is in the approved plan, it is a permitted use, if it is not proposed in the plan, then it must be reviewed as a conditional use. This approach provides a level of predictability of the hospital in their long-range master planning for expansion, and gives the neighborhood a / J PA92-048 Ashland Planning Department — Staff Report City of Ashland/Ashland Community Hospital April 14, 1992 'O Page 2 clear idea as to the long range plans of the hospital as well. In this way, all involved have an opportunity to comment of the overall development of the hospital campus, rather than attempting to review each step in the expansion as separate action. Hospital Master Facilities Plan _ The final facet of the application involves the adoption of the proposed master plan as a sub-area plan of the Comprehensive Plan, and the governing document for future hospital development, as referred to in the proposed HC ordinance. The plan, included in the packet, identifies the areas and programs of the hospital that are proposed for future development, as well as discussing several other important issues of hospital operations. Included as specific plans for pedestrian improvements, parking improvements, and new office development. II. Project Impact Ashland Community Hospital is an integral part of the community, and a unique feature in Ashland's overall design. A community-owned hospital in a town the size of Ashland is definitely an asset, allowing many services to be available to our residents, rather than having to travel to Medford for similar services. Further, the medical community is an important portion of the community's economy. The maintenance of a health operating hospital will assist in retaining the medical offices, including the many well-paying jobs that they offer. Therefore, it is in the community's interest to.assist in the development of a viable medical facility to serve our area, and surrounding area. The Health Care zone, and ordinance, work towards that end, as does the overall Master Facilities Plan. Also, the development of a specific plan and zone assist and protect the neighborhood, allowing ample opportunity for input in the development of the plan, as well as providing a level of predictability for future development. While Staff does not believe that the new zone, ordinance,'and master plan will result in sweeping changes in this area, we believe that they will result in improved and thoughtful development for the area, and will be of benefit to our community as a whole, as well as the immediate area. III. Procedural - Required Burden of Proof PA92-048 Ashland Planning Department — Staff Report City of Ashland/Ashland Community Hospital April 14, 1992 ,, Page 3 All of the proposed actions - zone and comprehensive plan map changes, ordinance amendments, and master plan adoption are Type III amendments, and subject to the following criteria: Type III amendments may be approved when one of the following conditions exist. a) A public need, supported by the Comprehensive Plan. b) The need to correct mistakes. c) The need to adjust to new conditions. d) Where compelling circumstances relating to the general public welfare require such an action. Staff believes that the maintenance of a viable hospital for our community constitutes a compelling circumstance relating to the general public welfare, and believe that the information contained in the attached documents support that position. IV. Conclusions and Recommendations Staff recommends adoption of the Master Facilities Plan for Ashland Community Hospital has sub-area plan of the comprehensive plan, adoption of the new HC zone ordinance (1854), and adoption of the Comprehensive Plan and Zoning Map amendments for HC - Health Care Zone. PA92-048 Ashland Planning Department-- Staff Report City of Ashland/Ashland Community Hospital April 14, 1992 ' A Page 4 DRAFT --- DRAFT --- DRAFT Chapter 18.54 HC HEALTH CARE SERVICES ZONE e Sections: 18.54.010 Purpose. 18.54.020 Permitted Uses. 18.54.030. Conditional Uses. 18.54.040 General Regulations. 18.54.010 Purpose. This district is designed to provide the type of environment suitable for the development of health related services and residential uses, and related activities, while reducing the conflicts between uses through appropriate design. 18.54.020 Permitted Uses. The following uses and their accessory uses are permitted outright: A.. Residential uses, subject to the requirements of the R-2 zone. B. Home occupations. C. Offices or clinics for a dentist or doctor or allied health care providers, including, but not limited to, nurse practjtioners; midwives; dietitians; psychologists; opticians; physical and occupational therapists; substance abuse councilors; chiropractors; and wellness centers, including nutritional counselling, health maintenance, and rehabilitation t services. J D. Ambulance and paramedic service. ` E. Medical laboratories F. Sales or rentals of durable medical goods. G: Congregate care facilities, assisted living facilities, assisted living facilities, residential care facilities, and nursing homes. H. Any use, located on City owned property, that is specifically allowed by the Ashland Community Hospital Master Facility Plan adopted by the City of Ashland by ordinance. eafth Care Zone, Staff Draft 3, Page 2 March 1, 1992 t3 , 18.54.030 Conditional Uses. The following uses and their accessory uses are permitted when authorized in accordance with the Chapter on Conditional Use Permits: A. Limited personal service providers in the home, such as beauticians and masseurs. B. Travelers' accommodations, subject to the requirements of the R-2 zone. C. Professional offices for an accountant, architect, attorney, designer, engineer, insurance agent or adjuster, investment or management counselor or surveyor. D. Any medically-related use, located on City-owned property, that is not specifically allowed by the Ashland Community Hospital Master Facility Plan. 18.54.040 General Regulations, A. Minimum lot area: Minimum lot area shall be 5,000 square feet. B. Minimum Lot Width: Minimum lot width shall be 50 feet. C. Minimum Lot Depth: All lots shall have a minimum depth of 80 feet. No lot depth shall be more than two and one-half times its width. D. Standard Yard Requirements: Front yard, 20 feet; side yards, six feet; rear yard, 10 feet, plus 10 feet for each story in excess of one story. The side yard of a corner lot abutting a public street shall be 10 feet. In addition, the setbacks must comply with Section 18.70 of this title which provides for solar access. E. Special Yards - distances between buildings: 1. The distance between any principal building and accessory building shall be a minimum of 10 feet. 2.. An inner court providing access to a double-row dwelling group shall be a minimum of 20 feet. F. Maximum height: No structure shall be over 35 feet in height. G. Maximum Coverage: Maximum lot coverage shall be 65%. 18.54.050 Other Regulations Where other Ashland-Municipal Code regulations do not refer to the HC zone, the standards for the R-2 zone shall apply. Health are Zone, Staff Draft 3, Page 3 March 1, 1992 92-034 Conditional Use Permit 248-254 Van Ness Avenue LBI and Friends Cochran stated this application is proposed in order to convert the existing apartments to condominiums. Hook questioned if the Building Official's concern about the two-hour fire wall requirements had been addressed. It was unknown. Gary Brewer said he was not against the proposal, as he would rather see actual owners of the units than renters. He presented three letters to be made a part of the Planning Commission record and read a letter he had written to LBI and Friends in 1990. He said at that time, they were working out problems with a view screen since balconies had been built and he was left with no privacy. The view screen never happened, so he is now requesting a fence be built. He also asked the Historic Commission to consider height of structures in future developments and privacy for neighbors. Lewis moved to recommend approval of this application with the stipulation an acceptable fence be built at the rear and that the occupants use the garages for parking rather than storage. Hook seconded the motion, then amended it to include no additional alley paving occur as a result of this approval. The motion was unanimously passed as amended 92-048 Comprehensive Plan Map & Zoning Map Amendments Area Around Ashland Community Hospital City of Ashland Cochran explained the proposal is for a new zone in the area around the hospital to be called Health Care (HC). It includes a small portion in the Historic District on the corner of Maple Street and Scenic Drive. This area has been added to the HC zone because it is already committed to a medical office. Neighborhood meetings have been held and there have been no complaints. Hook moved and Dancer seconded to recommend approval of this action. The motion passed unanimously. BUILDING PERMITS Permits reviewed by members of the Historic Commission and issued during the month of March follow: Ashland Historic Commission Minutes April 8, 1992 Page 7 MASTER FACILITIES' .PLAN FOR ASHLAND COMMUNITY HOSPITAL 1140 MASTER FACILITIES PLAN FOR ASHLAND COMMUNITY HOSPITAL Prepared by: Broome, Oringdulph, OToole, Rudolf, Boles & Associates, PC Robert H. Belcher, AIA Beverly Bookin, AICP June 1991 I. INTRODUCTION In February 1991, Ashland Community Hospital (ACH) retained Broome, Oringdulph, OToole, Rudolf, Boles &Associates, PC (BOOR/A), a Portland architectural and interior design firm, to prepare and assist in obtaining public approval for a master facilities plan for the hospital's 6.5-acre campus in Ashland, Oregon. In conjunction with this, the City of Ashland is considering the adoption of a medical center zone, similar to the special college zone adopted for Southern Oregon State College several years ago. To formulate this plan, the consultants have undertaken the following tasks: • Identified the need for hospital modernization/expansion based on priorities established in the Ashland Community Hospital Strategic Plan (Brim Healthcare, Inc., 1990)and an internal needs assessment survey conducted by the consultants*; • Determined portion of the campus needed to accommodate proposed hospital expansion as well as related future medical facilities including medical offices, free-standing outpatient facilities, residential care facility and/or on-site parking. • Formulated'short-term (three-year) development plan including proposed hospital modernization/expansion, construction of private physician offices, reconfiguration of on-site parking and circulation,and preliminary locations) of landscaping, pedestrian amenities and signs. • Developed,long-term strategy for acquisition of additional property. The next steps in this master planning process include: • Obtain public land use approval of the plan either as a conditional use** or as part of a comprehensive plan/zone change to create a new medical center zone. • Undertake preliminary architectural design of specific building projects and on-site improvements. * This element of the plan is referred to as the internal facilities plan. ** Hospitals are a conditional use in the underlying mull-family residential (R-2) zone. 1 C II. BACKGROUND Existing Activity. A publicly-owned and operated facility founded in 1906, ACH provides primary medical care to the residents of Ashland and nearby communities of Phoenix and Talent. Services include routine adult medical/surgical, obstetric and pediatric inpatient care; emergency room services and a variety of diagnostic and therapeutic outpatient services. ACH is currently licensed for 49 inpatient beds. In 1990, the hospital reported nearly 1,350 inpatient admissions, 250 births, 1,200 inpatient and outpatient surgeries, 6,700 emergency room visits and 14,500 outpatient visits. ACH has an employment force of nearly 200 and a medical staff, i.e., those with admitting privileges, of 56.* With the completion of its strategic plan in 1990, the hospital articulated its future mission: 1) increase technological sophistication and medical staff specialization within a primary care setting, and 2) provide a broad range of diagnostic and treatment services to residents of Ashland and surrounding communities, thus, minimizing the need to obtain medical services outside the community. Location. As illustrated in Figure 1, ACH is located in the northwest portion of the city at the intersection of Maple Street and Catalina Drive, two blocks west of North Main Street, Ashland's main arterial. It lies approximately one mile north of the city center and two miles from 1-5, the regional interstate highway serving western Oregon. Existing Campus Development. As illustrated in Figure 2, ACH's 6.5-acre campus is bound on the north by Maple Street, the east and south by Catalina Drive, and the west by Chestnut Street. The site slopes moderately from 2,115 feet (above sea level) in the southwest comer to approximately 2,070 feet in the northeast corner. Because of the terrain, the southwestern portion of the site, which is currently vacant, is the most constrained for future development. Containing approximately 41,500 gross square feet (gsf), the existing hospital building consists of a main floor and a partial walk-out basement. In a recently-completed addition; the front entrance has been reconstructed at an angle to face directly onto the intersection of Maple and Catalina, providing maximum visibility for hospital-bound traffic. Two other major entrances, to outpatient services and the emergency room (ER), respectively, lie to the west along Maple. Minor entrances to the building are located on the east side into the cafeteria and inpatient unit, and on the west side near the * Source: Annual Report for Oregon Hospitals, 1990 (Oregon Office of Health Policy). 2 Cl surgical suite and obstetrics unit, respectively; these are generally used by staff and physicians. Taking its major access from Maple Street, the hospital's main parting lot is located on the east side of the site, flanking Catalina Drive*; this lot accommodates outpatients, visitors, and some physicians and staff. The lower portion of this lot is also the major service entrance for all food and non-food deliveries; truck traffic related to these deliveries conflict with patient and visitor traffic. A limited amount of outpatient and emergency parking is available to the west on Maple; ambulances also enter the site at this point. A staff parking lot lies further to the west. Currently, no on-street parking is permitted on streets adjacent to the hospital. A small facilities building located on this parking lot is the only other building on the campus at the current time. Existing development, including all structures, paved areas and sidewalks, covers 45% of the site. Surrounding Uses /Zoning. ACH is located in a mixed use area, as illustrated in Figure 3. The hospital ties within a large area zoned for multi-family residential (R=2) development, and is flanked by two pods of single family residentially-zoned (R-1) property, located to the southwest and northwest, respectively. Private physician offices dominate land uses on the north, across Maple from the hospital. Further to the east lies a large residential care facility which incorporates additional doctors' offices. On the east side of the site, across Catalina, lie several small houses and garages, interspersed with vacant lots. This area is considered the most likely to be redeveloped for future hospital expansion. On the south side of the hospital across Catalina lies another private medical clinic and several apartment buildings. Immediately to the southwest lies an apartment complex and several single family residences. A couple of single family residences and a residential care facility lie directly to the west across Chestnut Street. The area to the northwest and further to the west is residential in character. In general, the uses flanking the hospital's main access, that is, Maple Street and the eastern portion of Catalina Drive, is mixed use in character, containing a variety of housing — single family, townhouses, apartments — and medically-related uses --private physician offices and residential care. The other roadways bounding the hospital, Chestnut Street and the southern portion of Catalina, are more residential in character. * For a more detailed discussion of parking and circulation, see discussion below. 3 v R TO MEDFORD I`\�GFL I \\ 1 \ \ I IS �I �1 ti 1 ASHLAND MAPLE ''c �I p COMMUNM Z I HOSPrrAL SI �� HI I <1 I . I =I . vi l ^� `CI7YaNMR - I � .7 MAIN SC I � 1 I i LRHC4 RK 1 � I i I � � 1 1 1 . . 1 1 I--------- --_---- --ASHLAND CR'Y LIMR'S 1. VICINITY MAPZ N qd V Z CW L IL Z Q h-. W N X W- W o N Lu .n ' 133815 3ldVW rm Z 1 1 Y Y i b K V Qo { , 2 ' ry K 1 G dY 1 . O ' ' Q 1S 1 1 1 1 1 1 1 1 K ce �Oi ` y\ I F L 1 1 1 1 � N j ju, ;` , z Z F 1\ t Q ONMt1 1 \ 3A[80 VNIlV1V:) r---- 13 0 ® 1 IIILL =3 �3 LM i.A : M . M . M '. A M M M M it M a a a a a a a s ❑� 1 [ R-2 ❑ 1 R-1 R-1 I ff � Lr'u� t�� CHESTNUT STREET • a o D �< PUBLIC FACILITIES ❑ El J 1 g I ( R-2 ) �� 1 1 . a 0 ASHLAND' —""IlO ❑ �t COMMUNITY ' .HOSPITAL w 1 X10 ri�$� ❑ :. ' a ❑ CATAL A DRI N _I 13 o � o � di ❑ 1 ❑ 1 � d o �4.� d � 1 J ❑ 1 IY i i ( 01ED L-)p I STREET _ �de 4000 100 11 Ir {1�7 1 1 Iii LJ. ❑ .I ❑ t SaE�t O Q �g a q t ; t KEY: ♦a a R-1 SINGLE FAMILY RESIDENTIAL f� O 0 R-2 MILTI-FAMILY RESIDENTIAL VVV V 400 E-1 EMPLOYMENT RESIDENTIAL CARE I'' MEDICAL OFFICE `` `�00 RESIDENTUIUMEDICAL CARE \0 too. 0 SO 100 200 N 3. SURROUNDING USES/ZONING PROPOSED MASTER PLAN Campus Design Concept. The hospital has two distinct zones: the "public' zone, including the main, outpatient and emergency room entrances, where access by the public is welcomed and encouraged, and the "private' zone, including surgery and inpatient units, where public access is restricted to protect the privacy of inpatients, reduce noise, and promote infection control. The campus has the same public/private configuration. The campus 'front door' is located on the northeast corner of the campus at the intersection of Maple Street and Catalina Drive. As noted above, the main entrance is set at an angle facing this intersection so that it is immediately visible to hospital-bound traffic approaching the site from North Main via Maple Street. Other public access points, the outpatient and emergency room entrances further west on Maple, are in dose physical proximity to and visible from this main entry point. Public parking has been developed along the Catalina and Maple margins of the site, thus, providing patients and visitors with safe and convenient access to all of these entries. Even privately-owned physician office buildings along the southeast side of Catalina and on the north side of Maple are oriented so that the main entrance to the hospital is visible. Thus, the public zone of the campus has already been defined as that portion of the campus along Maple and the eastern segment of Catalina. The private zone of the campus is located in the southwest comer surrounding the inpatient units. Ideally,to promote patient privacy and serenity,the pleasantly landscaped character of this area should be preserved and public uses, with their attendant heavy traffic and noise, should be discouraged. The designation of the campus into public and private sectors has the added benefit of minimizing hospital-related traffic on Chestnut Street and the southern portion of Catalina, which are more residential in character than the area to the east and north of the hospital, which is in mixed uses. Proposed Activity Zoning. Figure 4, Proposed Activity Zoning, describes the ultimate use of campus property by assigning general areas to hospital expansion, related free- standing hospital development, private physician offices and parking. Ensuring that there is adequate space on the campus to accommodate hospital expan- sion is of the highest priority. Such expansion is dictated both by internal factors — need to maintain departmental adjacencies, a rational internal circulation system—and external factors such as topography. Based on these considerations, several expansion zones for the hospital to the east, north and west are identified in Figure 4. 4 �5 w Z O r) N O >- ` CL _ U S aQ ) � 13 � ® � �, 133815 3lddW 1 1 1 N b FJ x ``\ 111 • ° �< us 4 ad it IIIC ••• In 1 l0 4 1 1 1 ° LL 1 LLI 1 11/� 1 LLI 1 ./ 1 '� K .I o` 1 S c° 1 W •' ,,` /LL•� O W V 5 � � 1111 1` `�°,. iii• ` I1 � � LL WI aal V 1 1 \rte-�� --�,• 1 5 �,.1 � �L-J T3 ,Oi mo 1 '3AMG. VNIld1V:) ® 12 4 The northwestern portion of the site is reserved for private medical offices and_ related parking. It is important that these offices be located in close visual and physical relationship to the hospital to facilitate patients' use of hospital-based diagnostic and treatment services. This configuration also permits vehicular access to be provided via Maple, which is the major arterial serving the campus. Development of the south-western portion of the site is constrained by topography and the need to protect in-patient units from noise and other intrusions. Therefore, this portion is reserved for a small residential care facility; a low-traffic, free-standing hospital-related use (i.e., administrative or storage uses); or open space. The area lying on the east side of Catalina Drive is identified for potential future devel- opment including additional physician offices; a larger-scale residential care facility than can be accommodated on the southwest corner of the campus; and/or free-standing hospital use, e.g., community education center or fitness facility. The hospital has not yet acquired this property. Proposed Short-term Development. The short-term development plan for ACH is presented in Figure 5. As contained in detail in the internal facilities plan, five extensions of the hospital are proposed (in likely order of construction for surgical services/ emergency room, purchasing/stores, physical therapy, obstetrics and administration/ dietary services, respectively. A sixth area, to accommodate a new medical/surgery unit, is of lower priority. Increasing total space by 50%, construction of these additions will free sufficient existing space to permit the expansion of same day surgery, radiology, emergency room, pharmacy and medical records. All of the above projects have been identified as priorities in the hospital's strategic plan and/or needs assessment. The timing and funding for this expansion/ renovation has yet to be been determined. It is also proposed that up to four medical office buildings (MOBs) be constructed along Chestnut in the northwestern portion of the site. In the first phase, two 2-story buildings connected by a common lobby and elevator have already been approved by the City (PA 90-028) and are slated for construction in the near future. Containing approximately 12,000 gsf, these MOBs will accommodate 12 physicians. The sites for two more MOBs, one on each side of the already-approved complex, have also been selected (see Figure 5). If constructed, these will provide offices for 6 - 12 more physicians, depending on whether the buildings are one or two stories. Parking for all of these buildings will be incorporated into the reconfigured west parking lot; because the proposed design is more compact,the west lot will contain more parking . spaces, 58 compared to the current 48, and yet cover less land. Access to this portion of the site will be provided via Maple Street. An existing facilities shop/storage area will be demolished as these functions will be incorporated into the new purchasing/storage facility described above. The short-term development plan also contains the proposed location for additional landscaping. The latter is proposed to 1) create a more pleasant environment throughout 5 PLO? r r• 4 �� i` i� U•• �:ray. ;\\ , : •'Y�a i '.��i __ �S Y '4Ai• % \ I 1 iG2p •� • � i the campus for patients, visitors, employees and physicians; 2) throughout parking lots, to visually minimize the impact of extensive paving and pro-vide summer shade; and 3) along the east side of Chestnut and the north side of Catalina, to buffer hospital activities from nearby residential development. 1�' With the construction of all proposed hospital additions (containing 21,500 gsf), Phase 1 MOB complex (with a first-floor footprint of 5,900 gsf), and the reconfigured west parking lot, total lot coverage on the site will equal 55%. A slight increase in lot coverage to 56% will occur if both Phase 2 MOBs are constructed; this is well within the current maximum lot coverage requirement of 65% contained in the zoning code for a use in the R2 zone. At this rate, the hospital could construct up to another 30,000 gsf of ground floor devel- opment before reaching the maximum development capacity of the site. Parking and Circulation. Based on the zoning code requirement of two parking spaces/licensed bed, ACH is required to maintain 98 on-site parking spaces. Currently, the hospital has on-site parking for 167 vehicles including 111 spaces in the main lot on the east side of the hospital, eight spaces in the ER/outpatient entrance lot, and 48 . spaces behind the hospital and in the west parking lot. Primary access to the site is provided via Maple Street, where there are seven driveways: three into the main lot, two into the ER lot, and two into the west lot. A secondary access is provided to the main lot via the eastern portion of Catalina Drive. The current parking and circulation system results in several problems: • Frequently, the main lot is full, creating an inconvenience for patients, visitors, staff and physicians who attempt to park there. At the same time, the west lot, which is designated for staff and physicians, is under-utilized. o There is inadequate parking in the ER lot to accommodate both patients using the emergency room and outpatients using the outpatient entrance to the hospital. • All food and most non-food deliveries are made to the loading dock on the lower level on the east side of the hospital. To reach this dock, trucks must traverse the lower portion of the main parking tot; this results. in unnecessary congestion and is potentially unsafe for pedestrians walking from their cars to the main entrance. As noted in Figure 6, with the implementation of the short-term development plan, there will be a slight reduction in on-site parking, from the current 167 to 162 spaces. Since the total number of beds is not slated to increase, the required complement of parking for the expanded hospital remains 98 spaces, assuming two spaces/licensed bed. The Phase 1 MOBs will generate the need for an additional 48 spaces, assuming 11,800 gsf at one space/300 gsf. This brings the total requirement up to 138 spaces. If two single- story MOBS are constructed in Phase 2, another 18 spaces will be required, bringing the total required to 156. This is slightly less than the projected on-site supply of 162 spaces. 6 In addition, the City has indicated a willingness to permit on-street parking along the hospital side.of Chestnut and both segments of Catalina, generating another 64 spaces. Currently not permitted, on-street parking can be provided without major street improvements. It is proposed that hospital employees park on the street, leaving room in the main, emergency and west lots for patients, visitors and physicians. If on-street parking is approved, the hospital's total parking supply wi11 include 226 spaces, a 35% increase over the current supply; this will more than adequately support-proposed hospital development. Other key features of the proposed parking plan include: • Major access to the campus continues to be via Maple Street with secondary access on the eastern portion of Catalina Drive. Should the southwestern corner of the site be developed, it is recommended that it take its access from the southern portion of Catalina, thus, leaving Chestnut Street free of driveways.* In this way, ACH can minimize hospital-related traffic on Chestnut which is the campus boundary most residential in character. • The construction of a new purchasing department on the west side of the ER will permit the service entrance to the hospital, accommodating all non-food deliveries and waste disposal, to be shifted away from the main parking lot; the existing loading dock will be used for food deliveries only. As an added advantage, 75% of all non- food deliveries are destined for sterile supply, which is located in the surgical suite; the new purchasing facility will be across the hall from sterile supply. • As there is insufficient parking in the ER lot to accommodate both ER patients and outpatients, it is recommended that the eight spaces in this lot be dedicated to ER use. Consolidation of inpatient and outpatient admissions in space just inside the front entrance has also been recommended as part of the internal facilities plan. Thus, it is recommended that all outpatient parking be shifted to the main lot. • Due to the proposed expansion of physical therapy and administration/dietary services, the total number of spaces in the main parking lot will be reduced from 111 to 96, at the same time that outpatient parking is shifted there from the ER lot. To offset this loss, permission for employees to park on the streets bordering the hospital is being requested. The west parking tot will be redesigned and expanded to contain 58 spaces. After the completion of the Phase 1 MOBs, 48 of these will be reserved for use,private physicians and their patients and employees; the remainder can be assigned to staff and other physicians. * On-street parking on Chestnut for use by employees is requested. 7 30 ® ® CATALINA.DRIVE 4 A � i C mma p 1 �•; IL.J p 2 m i ^i lu m I 04 A G N g u11nu a I I 1 ` 1 � 1 .a A � • � C 1 a II � I II _ ■ , MAPLE STREET 1L��9 � �issaa A F) X o r— a -I y 31 Alternative Transportation. Pedestrian circulation and other amenities are illustrated in Figure 7. As noted, the hospital will construct sidewalks along the entire perimeter of its campus to promote pedestrian movement both within and around the site. In addition, a series of walkways across the site, including pedestrian crosswalks across driveways and through parking lots, will be constructed to provide convenient and safe access for patients, visitors and employees. This pedestrian network and its connection to the internal circulation system of on-campus buildings is also illustrated in Figure-6. With regard to alternative transportation opportunities, the hospital will install racks for 32 bicycles in two locations, near the entrances of the hospital and MOB complex respec- tively. These racks will be installed to be in compliance with the City's code requirement of one bicycle space/five parking spaces, 50% of which must be under overhead cover. To the extent feasible, all of the hospital's bicycle parking will be under cover. ACH is also committed to work with the Rogue Valley Transportation District to promote alternative forms of transportation for both employees and patients. Currently, the district runs a bus every half hour from Medford to Ashland which stops in both the southbound and northbound directions at N. Main and Maple, just three blocks east of the hospital. Unfortunately, the relatively steep hill and lack of sidewalks between the bus stop and ACH does discourage usage. The hospital will request that the district consider adding the hospital to the route, if demand warrants. The district has recently established a committee to develop the criteria for extending bus service. The City has also indicated an interest in constructing a sidewalk along Maple between Main and Catalina to both encourage transit use and pedestrian access in general. In addition, the transit district is required by the recently-adopted federal Americans with Disabilities Act to improve transit access for the handicapped who live within 1/4 mile of a fixed bus route. Since access to medical care for the handicapped is also a concem for the hospital, ACH will participate to the extent feasible with the district to identify ways in which handicapped access can be improved. Other means of promoting alternative transportation include: Providing information about bus routes and schedules in a prominent location in the hospital lobby and permitting the sale of bus passes.in the gift shop. • Encouraging employee carpooling. This can be done within the hospital itself or in conjunction with the transportation district which operates a rideshare matching service; unfortunately, hospital shifts often differ from those of more traditional businesses, so it is difficult for hospital employees to carpool with non-hospital employees. Acquisition Strategy. With implementation of the short-term development plan,ACH will have little vacant land remaining on its campus for future expansion. The area directly to the east of the.campus (across Catalina Drive) has been identified as the most feasible g �3 \ -� C::3 c 133211S 3ldVW - �r-—I I i ' 'I ' f 1 `•� 1 � t •••. • 1• ..• �4 •. .• • Q •• , �,. Z ~ .. ... • 1+A ` YJ Z . F- €\ • ' In W , ui uj I � Q 0 1 o. .1 Q_ 1332115 VNIIV1V:) Frr=r n u ss location for further growth (see Figure 4), because of its visual and physical proximity to the hospital's main entrance. These properties, which are in several ownerships, would be most appropriately utilized for additional private physician offices; freestanding hospital uses, e.g., communir; education center; and/or hospital-sponsored residential care and related senior services. It would be prudent for ACH to acquire this property to protect its options for further expansion. Unfortunately, land values in the Ashland area are continuing to increase dramatically. At this time, it may not be feasible for the hospital to divert money for property acquisition that it needs to fund hospital expansion and medical office building construction. On the other hand,. if ACH does not act in the near future, it is likely that the properties will be sold to other parties; apparently, one small mid-block parcel has already been sold to an obstetrician who wishes to construct a small office there. ACH has two options in this matter: • Negotiate options, including purchase price and terms, with property-owners to give the hospital the first right of refusal to purchase. This would permit ACH to delay purchase of a parcel until such time that another buyer indicated an interest. • Negotiate with a property development company and/or consortium of physicians/ other investors to underwrite the cost of medical office buildings (MOBs) with the hospital taking a master lease, that is, taking responsibility to lease all space. Because an MOB generates lease income, it is one of the few hospital-related facilities which is attractive to outside investors. If ACH chooses to undertake this option, it will free a substantial amount of funding which can then be used for proposed hospital expansion and/or acquisition of additional property. It is recommended that ACH consider both of these options. Proposed Hospital District Boundary. As noted previously, the City of Ashland is seriously considering the adoption of a special zoning district to encompass the ACH campus and surrounding medical-related activities, subject to the approval of the hospital's master plan. This zone would be similar to that adopted for Southern Oregon State College. The proposed boundaries of this hospital district zone are illustrated in Figure 8. 9 Mosel OEM 14L to ,M, IM .- s � i s APPE'WDIX: PROJECT TEAM Robert H. Belcher, AIA William H. Harper, AIA LinaBeth Barber BROOME, ORINGDULPH, O'TOOLE, RUDOLF, BOLES &.ASSOCIATES, PC 720 SW Washington Street Suite 800 Portland, Oregon 97205 Beverly Bookin, AICP THE BOOKIN GROUP 111 SW Fifth Avenue Suite 1800 Portland, Oregon 97204 Tom Geisen TOM GEISEN COST CONSULTANT, INC. 45 West Broadway Suite 204 Eugene, Oregon 97401 10 We Planning Commission: April 12 , 1992 OFFICIAL STATEMENT REGARDING PROPOSED HC HEALTH CARE SERVICES ZONE Chapter 18.54 by Peter and Michelle Kjenaas 509 Scenic Drive Ashland 482-8706 Tax lot: 391E05DB This is addressed to all concerned in making the decision regarding the proposed ordinance. For entry into minutes of Meeting held on April 14th, 1992. Copies to all Commissioners and The Ashland Daily Tidings for publication in the Editorial Section. 37 Dear Planning Commission, April 12, 1992 Wei.occupy lot number 3000 on the map. Our address- is 509 Scenic Drive and what you propose will be, literally, in our back yard. First, I want to state that I am not opposed to the idea -in its entirety. There is certainly a need for medical facilities at times and with more bodies there will likely be more need. The hospital administration obviously feels that its future success is dependant on this expansion and you have obviously come to the same conclusion or are certainly close to the same conclusion. I believe that the proposed expansion will be costly and that the location of the hospital itself is the problem as it is in a residential neighborhood and any expansion will cost more and more as time goes by and result in more and more meetings and controversy. It was my suggestion at the inception of this idea of . expansion that an alternate sight near the freeway be found for a new hospital where land is plentiful and the neighborhood does not as yet exist. So be it. The existing facility has an appeal by way of inertia and whether long of short sighted it is, after all, there. So, the debate is over whether to expand it or not. I like expansion in general. These are the points which cause me concern: I. Lot number 3200 does not meet the minimum requirements for square feet. and it makes me wonder why it is on the map. This suggests two possibilities. 1) . A mistake, in which case it should be removed from the plan, or; 2) The possibility that lots will be combined, such as 3200 and 2900, thus creating a larger lot and the possibility of a larger building. The Purpose states: . to provide the type of environment suitable for the development of health related services and residential uses, and related activities, while reducing the conflicts between uses through appropriate design. If #2 above is what is being considered I cannot see how any design would be appropriate that would combine those lots and create a larger building. It would not be a design that would reduce any conflicts but rather create them as it would not be compatible in any way with the existing surroundings. Therefore, why is 3200 on the map? It should be removed from the plan. II. The most trouble I have however is with the proposed uses. It seems to me. that if you will look at the neighborhood in relation to what is currently in place there are extreme conflicts already that should be addressed before further trouble occurs. If you will recall there was a fire in the medical clinic the other night. I understand that arson is suspected and that the general belief is 'that it was a radical action aimed at the abortion clinic on that property. If this is true grave circumstances can result from the choice of the type . of facility that is founded on a given sight. 3$ Dangers which we do not foresee from the comfort of our armchairs. Medical uses are not without controversy and any use should be carefully examined to determine the sense of having that type of facility in a residential neighborhood which this is. It is a residential neighborhood and I don't want a fire bombing in my backyard. And I am not speaking in fear. It is more on the simple premise you have stated of "type of environment. " What is "the type of environment suited to" and who decides such things. We do, I suppose, and so I would like to let my views be known on this. It would be completely unacceptable to me to have a psychiatric or psychologist's clinic in my back yard. It is a practice which I believe is certainly not suitable to "the type of environment" and which I further believe is destructive to all concerned with it. My views are not founded on prejudice but are deeply studied and rooted beliefs. And I only bring this up as an example. There are other uses that I would find "disturbing. " The idea of a two story building looming over our backyard fence with live in patients staring into our windows is not pleasant. However, the idea of a regular doctor or dentist using the facility for day use and in a building suitable to the neighborhood would be fine. I applaud this idea. It is the broadness and the vagueness of the permitted uses that I object to and feel will create great controversy if it is not more specifically delineated. Think about it. What normally is shunted off to, the periphery of a hospital is the types of care facilities that the hospital does not want to deal with in terms of proximity. Am I right? Psychiatric outpatient, substance abuse clinics, nursing homes, assisted living facilities,etc. These types of care are generally seen, for better or for worse, as better off to the side. But the hospital's "side" is our home. And I don't want my children growing up in an unsuitable neighborhood. Again, care should be taken in the choice of what will go on the sight. This plan is flawed. I hope you see that. It is vague and unspecified and it is exactly that which leads to controversy. It would be far better to totally deal with these types of questions now before further vote is taken on whether to approve this plan. There is no rush. And this in not a Constitution but a plan. Why not be more specific than; "But not limited to?" Is this a financial consideration? If so it is a poor choice to opt for the potential destruction of a neighborhood in order•to leave options open for business. Enough said: I propose that you eliminate lot number 3200. from the plan and limit the uses to day uses that do not in any way disturb the tranquility of this beautiful neighborhood. We want expansion not destruction. . 1975 Beach Park Blvd. Foster City, Calif. 94404 C City of Ashland April 3 , 1992 Planning Department 20 E. Main - Ashland, Oregon 97520 RE: Taxlot 391E05DB 5001 Dear Sir/Madam: We are the owners of the above referenced property, located at 497 Chestnut, Ashland, Oregon, and have received your notice of Public Hearing scheduled for April 14, 1992 at 7pm. The hearing relates to a Land Use Ordinance before the Ashland Planning Commission. Unfortunately, we will be unable to attend that meeting. We hereby request that you consider extending the Area of Proposed Zone Change from R-2 to H-2 to include our property for , the following reasons: 1) The property is immediately adjacent to other lots included in the proposed area, and is of similar size and shape to the lot located immediately to .the north (1800?) . Since the lots are very similar, this should allow for continuity of zoning. 2) H-2. zoning would provide additional flexibility to us in terms of plans or considerations for future development. 3) H-2 zoning for our property would provide an additional location for Health Care Service, should the need arise. I (Mr. Shaine) have spoken with Susan Yates of your office, who indicated that there was no reason that she was aware of that this change request should not be granted. Thank-you for your consideration. Please feel free to call me if you need to. (w) 415-544-6795; (h) 415-349-0388. We look forward to hearing from you. Lawrence Shaine/� . Eileen R. Shaine yo Mary Mann called on 4/17/92. She lives on Wimer and expressed a concern over the traffic danger and congestion at N. Main and Maple: Z told her a left turn lane was being proposed and a light would probably be installed MUCH later. She wanted the Planning Commission to be aware of her concern. Susan Yates - _�1 You -are cordially invited to attend the second: Neighborhood Meeting February 12, 1992 to discuss revisions and updates to the proposed: Master Facilities Plan for Ashland Community Hospital Specific revisions include modifications to the boundary of the proposed HC zone, and changes in the pedestrian access element of the plan. All other portions of the plan are also open for discussion. The meeting will again be held at 7:30 pm in the Cafeteria of Ashland Community Hospital. Representatives of Ashland Community Hospital, their consulting planner, Bev Bookin, and members of the Ashland Planning Department will be available for questions and discussion on the plan and the proposed zone. If you have any questions prior to the meeting, please contact Ashland Planning Dept. at 488-5305. Please Join Us Thank you. y� ' You are cordially invited to attend a: ;; , tYtt� t^. ',l�T •A.;»",t �,Wk'w,ea :- '4 .'•t.�'• f' T y '�R^i� - 'iN'+re K+t3*.:.- aJA.'.�•: i P dv.{_ Flar,L..Fl4'..y';`t'(„yn�',F Y S�3rw Neighborhood Meeting sV� Novem ber 13, 1991 �-- to discuss the proposed: r7 Master Facilities Plan for Ashland Community Hospital And the proposal for the creation of a new Health Care Services (HC) Zone for the hospital area. The meeting will be held at 7:30 pm in the Cafeteria of Ashland Community Hospital. Representatives of Ashland Community Hospital, their consulting planner, Bev Bookin, and members of the Ashland Planning Department will be available for questions and discussion on the plan and the proposed zone. If you have any questions prior to the meeting, please contact Ashland Planning Dept. at 488-5305. Please Join Us Thank you. W3 October 13, 1991 CTo: Ashland Community Hospital Board Re: The proposed ACH expansion plan Having read your consultant' s report, I would like to-make the following comments and observations: --The report correctly identifies Chestnut St. and the southern portion of Catalina as "residential. " It fails to identify the block east of the hospital (bounded by Catalira.. Maple and Scenic) as such. Indeed, it targets it as "the most likely to be developed for future hospital expansion. " In point of fact, this block contains four homes on the west side of Scenic Avenue, all of which lie within a Historic District. For this block to be deemed less residential than Chestnut St. (which contains a residential care facility) or the southern portion of Catalina (which has several doctors' offices) seems wrongheaded. Moreover, the report ipncres the fact that the proposed expansion zone would border the indisputably residential neighborhood on the east side of Scenic. --In its meeting of Dedember 11, 1990, the planning Commission ruled that the boundary of the Historic District in the block east of Catalina will be "the line of demarcation between commercial uses associated with the hospital and residential uses located on the west side of Scenic. " This division of uses, the commission noted, would preserve "the historic and residential nature of the neighborhood_" ----------- ------ - Thus, the proposed medical use zone oversteps the line of demarcation and contradicts the commission' s intent. --These rulings were made during consideration of a proposed OF/Gyn office to built along Catalina. The project was approved, and thus this key parcel, would have to be excluded from the proposed expansion *EW&.,/ko y. 0 - --Richard and Helen Di Lorenzo own the property at 531 Scenic, which extends from Scenic to Catalina. In a letter of October 12, 1991 to the Hospital Board, they state that granting rights to the hospital to develop their property would have . an "unsettling effect on the surrounding residential property owners for the long term land] inhibit these owners from investing in improvements and beautification of their property. . . . CGranting] further rights to the hospital Cis] unnecessary and overbearing. " Instead, the Di Lorenzos intend to build two vintage-style cottages on the Scenic portion of their lot, further enhancing the residential nature of the block. For the rear, or Catalina, half of the lot, they plan to develop hospital-related offices, thus removing another key parcel FI� --The Historic Commission has deemed the existing structure on the Di Lorenzo' s property to be historic and has voted against its demolition, although the issue is still under negotiation. If the commission prevails, and the Di Lorenzo' s sell their property, it would seem that the hospital should not be allowed to raze this structure. --Constructing a residential care facility on the east side of Catalina would have a necative impact on the value--both historic and econornic--of the homes facing it on Scenic Avenue. Two of these homes were built at the turn of the century (one is ours, the other owned by Rebecca I.rrunot ) and have been listed on the city' s register of historic homes as being of primary importance. --While the planning consultant and hospital administration appear to be sensitive to the residents along Chestnut and Catalina, they pay no such heed to those of us who live in the Historic District along Scenic. Landscaping is recommended along the former two streets "to buffer hospital activities from nearby residential development ; " no such courtesy is paid to the latter neighborhood. --Similarly, the plan strives to minimize hospital-related traffic on Chestnut, which it notes is "the campus boundary. roost residential in character. " No such traffic-reduction provisions are made for Scenic, even though the proposed campus expansion would extend to Scenic. --Finally, we have lived in this neighborhood for three years. During that time, numerous homeowners who .live in the area bounded by Wirner, Scenic, * Maple and North Main have spent considerable effort and money to improve their homes--especially those who own historic homes. Increasingly, this neighborhood is changing for the better. It embodies values that make Ashland a desirable place to live. However, during this same period, uncertainty over the hospital' s expansion plans. have been a source of anxiety for us. Now that they have been made public, we are hardly reassured about the future of this neighborhood. We feel that any encroachment would diminish the neighborhood' s historic, family-oriented character and thus its livability. We strongly urge the board to modify the plan to bring it into .congruence with the planning Commission' s .ruling of December 11, 1990. Sirs ely,� Mich el J. McRae Virginia L. Morell 151 Coolidge St. .Ashland, OR 97520 12 '91 13:53 9168772965 P.2i2 r 6� 1 }5ugust 12, 1991 To : Ashland Hospital Board of Directors. Re: Potential Ac4uisition of property for Hospital use. Dear Board Members: - It has come to our attention that the Hospital is presenting a plan to the Planning Commission that would provide for means and or methods for acquisition of properties for future Hosp- ital use. While it is prudent to engage in long range planning by the. Board it is nevertheless our opinion that the existing Hospital grounds are sufficient to provide for these potential needs. It is further our opinion that should any rightsd`granted to the Hospital in this regard would have an unsettling effect on the surrounding residential property owners for the long term. In addition it would have the effect of inhibiting these owners from investing in improvements and beautification of their prop- erty, resulting .in lower property values for all . The former plans of the Hospital to build office space 'on ex- isting grounds has already caused hardship as we had hoped to supply .office space for . Hosp tal use ourselves on that portion of our property which. faces Catalina , while reserving thaai�t portion on Scenic Avenue for reside tial development. Direct competition from the Hospital and the C ty of Ashland we have accepted, but further rights granted to a Hospital we believe to-be both unnecessary and overbearing. Sincerely yours, Richard Di Lorenzo and Helen Di Loren o 531 Scenic Avenue. BEFORE THE ASHLAND CITY COUNCIL JACKSON COUNTY, OREGON AUGUST 6, 1991 IN THE MATTER OF PLANNING ACTION #90-028, REQUEST FOR A ) CONDITIONAL USE PERMIT TO ALLOW FOR THE CONSTRUCTION OF j ' FINDINGS, TWO TWO-STORY MEDICAL OFFICE BUILDINGS WITH EACH LEVEL ) SCONCLUSIONS MP CORISING 2700 SQ. FT. , .LOCATED AT ASHLAND COMMUNITY ) AND ORDERS HOSPITAL. ) APPLICANT: ASHLAND COMMUNITY HOSPITAL ) -------------------------------------------------------- RECITALS: 1) Tax lot 2100 of 391E 5DB is located at the corner of Catalina and Chestnut Streets and is zoned R-2; Multi Family Residential. 2) The applicant is requesting approval of a Conditional Use Permit to allow for the construction of two, two-story medical office buildings. Site improvements are outlined on the site plan (Exhibit 2-B) on file at the Department of Community Development. 3) The criteria for approval of,a Conditional Use Permit are found in Chapter 18.,104 and are as follows: A. The proposal is in conformance with the Comprehensive Plan. B. The location, size, design and operating characteristics of the proposed development are such that the development will be reasonably compatible with and have minimal impact on the livability and appropriate development of abutting properties and the surrounding neighborhood. C. In determining the above, consideration shall be given to the following: 1) Harmony in scale, bulk, coverage and density. 2) The availability and capacity of public facilities and utilities. 3) The generation of traffic and the capacity of surrounding streets. 4) Public safety and protection. 5) Architectural and aesthetic compatibility with the surrounding area. 4) The City Council, following proper public notice, held a Public Hearing on June 18, 1991, at which time testimony was received and exhibits were presented. The City Council approved the application subject to conditions pertaining to the appropriate development of the site. Now, therefore,. .The City Council of the City of Ashland finds, concludes and recommends as follows: SECTION 1. EXHIBITS .For the purposes of reference to.these Findings, the attached index of exhibits, data, and testimony will be used. Staff Exhibits lettered with an "S"; Proponent's Exhibits, lettered with a Opponent's Exhibits, lettered with an "O"; - Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M" . Mediation Agreement Exhibit, lettered 11MA-111; and Approved Site Plan Exhibit (from BOORA) , lettered 112-B" . SECTION 2. CONCLUSORY FINDINGS 2.1 The City Council finds that it has received all information necessary to make a decision based on the Staff Report, public hearing testimony and the exhibits received. 2.2 The City. Council finds that the request to allow for the construction of two, two-story, medical office buildings, with each level comprising 2700 sq. ft. , meets all relevant criteria outlined in the Conditional Use Chapter 18.104. The City Council finds the proposal to be in conformance with the Ashland Comprehensive P1an. . The Comprehensive Plan Map designates this property to be used for future expansion of public facilities. At the time of adoption of the Plan Map, the hospital was existing and `the .surrounding land was deemed most appropriate for the expansion of hospital services. The Council believes the use of this property for medical offices is in keeping with the intent of the .Comprehensive Plan designation. The Council finds that the construction of medical office space will have a minimal impact on surrounding properties. The hospital is surrounded by fully improved City streets with adequate capacity to serve the proposed , use. Total traffic generation by the completed offices is expected to be 364 vehicle trips per day. The Council believes this may be reduced, however, by the proximity to the hospital and other offices, and the opportunities for combining visits and trips. The Council finds that the Site Plan (Exhibit 2-B) and Mediation Agreement (MA-1) , mutually accepted by the parties; complies with all relevant policies outlined in the Comprehensive Plan and insures that the proposal will be compatible with and have minimal impact on the livability of the surrounding neighborhood.. The layout and size of buildings is in keeping with the residential character of the neighborhood. The primary orientation of the offices is towards the street, while the parking area will be located at the rear. Pedestrian access from Chestnut .Street and directly to the hospital will be provided. ye SECTION 3 . DECISION 3 . 1 Based on the record of the Public Hearing on this matter, the City Council concludes that the proposal to allow for the construction of two, two-story medical office buildings is supported by evidence contained in the whole record. Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we approve Planning Action #90-028. Further, if any one or more of the conditions below are found to be invalid, for any whatsoever, then Planning Action #90-028 is denied. The following are the conditions and they are attached to the approval: 1) That the terms agreed upon by the parties and outlined in the Mediation Agreement (Exhibit MA-1) be conditions of this approval. 2) That a separate application for a Site Review be processed by the Ashland Planning Commission. 3) That all landscaping, including street trees, be installed prior to issuance of a certificate of occupancy for any structure 4) That 411 parking and access be paved and striped prior to the issuance of a certificate of occupancy for any structure. 5) That the applicant work with the Energy Conservation Division on designing the offices with assistance from the Energy Smart Design Program. 6) That the hydrant requirements of the Ashland Fire Department be met. 7) That all requirements of the Electric Department be met. 8) That all signage comply with the Ashland Sign Code for conditional uses within a residential district and that all appropriate permits be obtained. 9) That a drainage plan for the site be submitted at the time of building permit applications for review by Public Works. 10) That bike parking be provided in convenient proximity to the office buildings. 11) That a recycling area be provided for each building. Dated .this /,,� day of August 1991. Nan Franalin, Recorder Catherine Golden, Mayor David Schieber "6wiair MA - 586 Glenwood Drive Ashland, Oregon 97520 MEDIATION AGREEMENT Ashland Hospital and the neighbors of the hospital have reached a mutually acceptable solution through the mediation process . The parties, on their own volition, have agreed upon the following terms : A) The location of the future medical office buildings will be located according to the 2-B plan from BOORA (see attached) . B) The location of the buildings will be set back 90 to 100 feet along Maple and 20 feet from the future sidewalk on Chestnut. The parties agree that reason- able efforts will be made to save the large evergreen fir tree. C) Two two-story medical office buildings will be built with each level comprising 2700 sq. feet. D) The height of the buildings from the floor level will be 23 feet. The buildings will start at 7-6 feet below the street level -on Chestnut. E) A sidewalk will be built on Chestnut from Maple to Catalina . F) The hospital has agreed to remove the chain-linked .fence on Chestnut. G) Both buildings must have a pedestrian access from Chestnut and to the hospital. H) The neighbors will submit a list of criteria to the staff to be considered in the design review process. I) If conflicts or questions arise in the future that the parties cannot solve by themselves, the parties agree to mediate before going through litigation channels. so The parties agree that the above terms represent the mediated agreement . c Signatures from the Signatures from the hospital neighbors St ve Lunt Ben Benjamin 4cv� `0--�� Frank Billovits Nancy Pe rson alt Hoffbuhr Rei er Peterson i /3 y/ avid Achieber, Med' at r I CL co 0 4 � � C3V c 00 cli N —F- S CITY OF ASHLAND CITY HALL ASHLAND,OREGON 97520 telephone(wee 503)482-3211 December 10, 1992 Mr. Fred Hansen Director Oregon Department of Environmental Quality 811 S.W. Sixth Avenue Portland, Oregon 97204-1390 Re: City of Ashland SFO Addendum 2, WQ-SWR-91-202 Dear Mr. Hansen: I wish to thank you and your staff for the approval of the request for time extension for Ashland's Facility Plan due date until July 1, 1993 . I have signed to the two SFO's on behalf of the City of Ashland. Attached is Resolution 90-46 allowing me to sign the document. I. will keep in touch with Richard Santner as we go through the selection process for a consultant to explore the wetlands option. Sincerely yours, Steven M. Hall, P.E. Public Works Director cc: Brian Almquist, City Administrator Mayor and City Council Richard Santner, DEQ Dennis Barnts, Water Quality Superintendent encl: SFO (2 copies) (d:.mntftWNsre2.Sow) 1�kon. DEPARTMENT OF ENVIRONMENTAL November 30, 1992 QUALITY Mr. Brian L. Almquist, City Administrator City of Ashland City Hall Ashland, OR 97520 Re: Addendum 2 to Stipulation and Final Order (SFO) , No. WQ-SWR-91-202 Dear Mr. Almquist: The Department has reviewed the City' s letter of November 3, 1992 in which a request is made to extend the due date for the wastewater facilities plan from January 1, 1993 to July 1, 1993 . The extension has been requested so that the City can fully evaluate the inclusion of a constructed wetland in the wastewater treatment facilities upgrade being undertaken to meet the Bear Creek TMDL. The Department recognizes that an alternative which would allow the delivery of treated effluent to Talent Irrigation District (TID) in exchange for replacement flows in Bear Creek, and would not require the City to establish and maintain an effluent irrigation system, may have advantages for the City and for Bear Creek fish habitat. The Department agrees that an extension is warranted. Therefore, please sign the enclosed copies of the SFO Addendum and return them to us. I will then sign on behalf of the Environmental Quality Commission (EQC) and a copy will be returned to you for your records. As noted in our transmittal of the prior Addendum, extension of the facilities plan schedule does not modify the December 31, 1994 date for compliance with the Bear Creek TMDL established by the EQC in OAR 340-41-385. We recognize that with the extension of the facilities plan due date, some extension of the final compliance date will also be necessary. Pursuant to the action taken by the EQC when it approved your Program Plan in September, 1990, however, an extension of the TMDL compliance date will not be considered until the facilities planning process has been completed: The use of constructed wetlands and delivery of treated effluent to TID raises several important technical and regulatory issues that must be addressed 811 SW Sixth Avenue Portland,OR 97204-1390 (503) 229-5696 TDD (503) 229-6993 DEQ-1 Mr. Brian L. Almquist, City Administrator November 30,1992 Page 2 in the facilities plan. Some of these were identified by Department staff during the meeting with the City Council on November 10. Furthermore, the RFP the City - currently has advertised contains several work tasks (III 2, 3,4) the pertinence of which to the evaluation of constructed wetlands is not clear to us. The Department would like to meet with City staff and your consultant to discuss these matters in greater detail soon after you have made your selection. Richard Santner of our staff will work with Public Works Director Steven Hall to arrange the meeting. Please do not hesitate to contact Richard Santner at 229-5219 if you have any questions. Sincerely, Fred Hansen Director cc: Richard Nichols, DEQ Enforcement Section, DEQ Southwest Region, DEQ Enforcement Section, EPA 1 BEFORE THE ENVIRONMENTAL QUALITY COMMISSION 2 OF THE STATE OF OREGON 3 DEPARTMENT OF ENVIRONMENTAL QUALITY, ) ADDENDUM 2 TO STIPULATION OF THE STATE OF OREGON, ) AND FINAL ORDER 4 ) No. WQ-SWR-91-2'02 Department, ) JACKSON COUNTY 5 ) V. ) 6 ) CITY OF ASHLAND, ) 7 ) Respondent. ) 8 ) 9 WHEREAS: 10 1. On March 6, 1992, the Department of Environmental Quality 11 (Department or DEQ) issued National Pollution Discharge 12 Elimination System (NPDES) Waste Discharge Permit Number 100862 13 (permit) to the City of Ashland (Respondent) , pursuant to Oregon 14 Revised Statutes (ORS) 468.740 and the Federal Water Pollution 15 Control Act Amendments of 1972, P.L. 92-500. The permit 16 authorizes the Respondent to construct, install, modify or operate 17 waste water treatment control and disposal facilities (facilities) 18 and discharge adequately treated waste waters into Ashland Creek, 19 waters of the state, in conformance with the requirements, 20 limitations and conditions set forth in the Permit. 21 .2. Paragraph 2.a. of Schedule C of the Permit requires that 22 by no later than September 1, 1992, the permittee shall submit to 23 the Department a final facilities plan report (FPR) for providing 24 upgraded and expanded wastewater treatment facilities as needed to 25 meet TMDL waste load allocations for attaining water quality 26 standards in Bear Creek, to comply with Oregon's water quality 1 - ADDENDUM 2 TO STIPULATION AND FINAL ORDER (WQ-SWR-91-202) (ASHLAND) (Revised 11-30-92) (MW\WC10\WC10975. 5) 1 standard for chlorine residual and ammonia-nitrogen and to comply 2 with state and federal sewage sludge management requirements. c 3 3 . Stipulation and Final Order No. WQ-SWR-91-202 (Order) was 4 issued by the Environmental Quality Commission (Commission) to 5 Respondent on February 7, 1992 . The Order was modified by 6 Addendum 1 issued by the Commission on September 9, 1992 . 7 4 . Paragraph 10A of the Order as modified requires that by 8 January 1, 1993 , the Respondent shall submit a complete facilities 9 plan report for providing upgraded and expanded wastewater control 10 facilities as needed to it (a) meet the TMDL for Bear Creek; 12 (b) assure that any toxic impact of the 13 Permittee's discharge of chlorine residual or any 14 other toxic substance complies with OAR 340-41- 15 965 (2) (p) for toxic substances and OAR 340-41- 16 965 (4) for mixing zones; and, 17 (c) comply with state and federal sewage sludge 18 management requirements. 19 5. By form of a letter received by the Department on 20 November 3, 1992, the Respondent has requested that the schedule 21 for facilities plan report submittal be extended to July 1, 1993 . 22 The extension would allow the Respondent to secure consulting 23 services and to evaluate the alternative of incorporating a 24 constructed wetland in the upgraded wastewater treatment 25 facilities. The Respondent has adopted policy objectives which 26 call for replacement in equal volume of effluent not discharged to 2 - ADDENDUM 2 TO STIPULATION AND FINAL ORDER (WQ-SWR-91-202) (ASHLAND) (Revised 11-30-92) (MW\WC10\WC10975.5) 1 Bear Creek during the summer months with water impounded in 2 Emigrant Reservoir, and for elimination of the need for the 3 Respondent to establish and maintain an irrigation system for 4 summer disposal of effluent. The Respondent wishes to determine 5 if use of a constructed wetland would accomplish these policy 6 objectives by producing an effluent that could be delivered to the 7 Talent Irrigation District (TID) in exchange for leaving flows in 8 Bear Creek which during the summer would otherwise be diverted to 9 the TID canal. 10 6. The Department concurs that a complete evaluation of the 11 above described alternative is highly desirable and that extension 12 of the facilities plan submittal date is warranted. 13 7 . The Department and, Respondent recognize that an extension 14 of the schedule will result in a violation of Paragraph 2 .a. of 15 Schedule C of the permit. Therefore, pursuant to ORS 183 .415 (5) , 16 the Department and Respondent wish to limit and resolve the future 17 violation specified herein in advance by this addendum to the 18 Order. 19 NOW THEREFORE, it is stipulated and agreed that the 20 Commission shall amend the Order as follows: 21 1. Change the compliance date in Paragraph 10A(1) of the 22 Order as follows: 23 (1) By July 1, 1993 , the Respondent shall submit a complete 24 facilities plan report for providing upgraded and expanded 25 wastewater control facilities as needed to 26 (a) meet the TMDL for Bear Creek; 3 - ADDENDUM 2 TO STIPULATION AND FINAL ORDER (WQ-SWR-91-202) (ASHLAND) (Revised 11-30-92) (MW\WC10\WC10975.5) 1 (b) assure that any toxic impact of the 2 Permittee's discharge of chlorine residual or any 3 other toxic substance complies with OAR 340-41- 4 965 (2) (p) for toxic substances and OAR 340=41- 5 965 (4) for mixing zones; and, 6 (c) comply with state and federal sewage sludge 7 management requirements. 8 2 . Add the following subparagraph to Paragraph 10: 9 E. Allowing the Respondent to submit a complete facilities 10 plan report by July 1, 1993, as specified in Paragraph 10A(1) . 11 of this Order, Paragraph 2 .a. of Schedule C of the Permit 12 notwithstanding. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 4 - ADDENDUM 2 TO STIPULATION AND FINAL ORDER (WQ-SWR-91-202) (ASHLAND) (Revised 11-30-92) (MW\WC10\WC10975.5) 1 2 RESPONDENT 4 / -f V1 k - Date (Name) M• "AL- L-6 (Title) UI » & I�AU;E TOfZ 7 8 DEPARTMENT OF ENVIRONMENTAL QUALITY 9 10 Date Fred Hansen, Director 11 12 13 FINAL ORDER 14 IT IS SO ORDERED: 15 ENVIRONMENTAL QUALITY COMMISSION 16 17 Date Fred Hansen, Director Department of Environmental Quality 18 Pursuant to OAR 340-11-136 (1) 19 20 21 22 23 24 25 26 5 - ADDENDUM 2 TO STIPULATION AND FINAL ORDER (WQ-SWR-91-202) (ASHLAND) (Revised 11-30-92) (MW\WC10\WC10975.5) . City Attorney City of Ashland (503) 482-3211, Ext. 59 MEMORANDUM December 11, 1992 TO: Mayor and City Council FROM: V' Paul Nolte SUBJECT: Erratum re council packet memorandum on "Open space funding proposals from the Park Commission and the Chamber of Commerce" You have in your respective council packets a memorandum from me regarding the above. Late Friday morning, after the packets were assembled, I was finally able to speak with our bond counsel, Jim Shannon. He advised me that contrary to what I represented to you in the council packet memorandum, the council can submit a bond authorization and an ordinance amendment to raise the business license fee in the same measure. It is possible to do this because the increase in the business license fee will be used to pay on the bonds. If the council decides to refer the Chamber proposal, it will require a motion to do so subject to bond counsel approval of the resolution (the bond authorization resolution in the packet contemplates two separate measures for the Chamber proposal-this resolution will have to be changed and reviewed by bond counsel). The resolution as approved by bond counsel would then come back to you for adoption on the January 5, 1993 council meeting. City Attorney City of Ashland (503) 482-3211, Ext. 59 MEMORANDUM December 11, 1992 TO: Mayor and City Council FROM: 'Paul Nolte SUBJECT: Open space funding proposals from the Park Commission and the Chamber of Commerce Attached are three resolutions that address the proposals made by the Chamber of Commerce and the Park Commission to the council at the council meeting on December 1, 1992. Three resolutions are enclosed because it is my opinion that the Chamber proposal must be submitted in two separate measures: The first being an authorization to issue general obligation bonds and the second being an amendment to the municipal code increasing the business license tax. I have interpreted that part of the Chamber proposal to use property taxes as one source of revenue to be best met by a bond authorization. I do not believe we could get bond counsel approval if we combined a bond authorization in the same measure with any other question. I am in the process of confirming this with bond counsel. The third resolution refers the food and beverage tax to the voters. The essence of the ordinance is in the first three sections. See especially the definition of "restaurant" (§4.34.010.F), the description of the tax imposed in §4.34.020 and the exemptions in §4.34.030. The remaining sections are modeled after the city's transient occupancy tax (collection, accounting, penalties, etc.). A summary of the food and beverage tax:. A. It taxes food and beverages, except alcoholic beverages', sold at restaurants. A restaurant is defined as "any establishment licensed as a restaurant by ' In all likelihood, municipalities cannot tax alcoholic beverages. ORS 471.190 states: "No county or city of this state shall impose any fee or tax . . . in connection with the production, sale, mixing, serving, transporting delivering or handling of malt or other alcoholic liquors." Council memorandum December 11, 1992 Page 2 the State of Oregon." §4.34.010.F. The definition includes "combination facilities"' so that it is clear that delis within grocery stores, for instance, are included. Such delis are not generally licensed as restaurants (which are regulated by the State Health Division) because grocery stores are regulated by the Department of Agriculture. If it is a combination facility then the only items taxed are: "a. Salads from salad bars; b. Dispensed soft drinks and coffee; and c. Sandwiches or hot prepared foods ready for immediate consumption." §4.34.020.3. B. It exempts, among other things, meals served at schools, unless such meals are provided by independent contractors; at hospitals, bed and breakfast establishments and senior citizen programs. Note that each resolution and ordinance has alternative or optional provisions in italics. These were drafted for the council's consideration if the council decides to refer both the Chamber's and the Park Commission's proposals at the same election. (w airedlopen-ea.mem) " A combination facility is defined by Oregon Administrative Rule as "any establishment located within a single structure or at a single site, but which is engaged in activities which are subject to licensing or inspecting requirements of both the Health Division and the Department of Agriculture, and which are common to the same operator." OAR 333-150-000(8). RESOLUTION NO. A RESOLUTION CALLING A SPECIAL ELECTION FOR MARCH 23 , 1993, IN THE CITY OF ASHLAND FOR THE PURPOSE OF SUBMITTING TO THE VOTERS OF THE CITY A MEASURE AUTHORIZING THE ISSUANCE OF $2 , 000, 000 IN GENERAL OBLIGATION BONDS. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. A special election is called to be held in the City of Ashland, Oregon. All ballots must be delivered in person or by mail to the Jackson County Elections Department, Jackson County Courthouse by 8: 00 p.m. on March 23 , 1993 , at which time there shall be submitted to the voters for their adoption or rejection, the following proposed measure: CAPTION: GENERAL OBLIGATION BOND AUTHORIZATION FOR OPEN SPACE PARK ACQUISITION. QUESTION: Shall the City of Ashland issue general obligation bonds in an amount not to exceed $2, 000, 000. 00 for the purchase of land for purposes of the city's Open Space Park Program? EXPLANATION: Authorizes city to issue general obligation bonds not exceeding $2 , 000, 000. 00. Bond proceeds will finance property acquisition for open space park program. Bonds will be payable from taxes imposed on property or property ownership, systems development charges for new development and increased business license fees. Bonds will mature over a period not to exceed 17 years. This measure will be effective if the measure increasing business license fees also passes. ALTERNATE EXPLANATION: Authorizes city to issue general obligation bonds not exceeding $2, 000, 000 .00. Bond proceeds will finance property acquisition for open space park program. Bonds will be payable from taxes imposed on property or property ownership, systems development charges for new development and increased business license fees. Bonds will mature over a period not to exceed 17 years. This measure will be effective if the food and beverage tax measure fails, or, if it passes, this bond measure receives more votes and the measure increasing business license fees also passes . SECTION 2 . The foregoing authorization shall be effective upon its passage by the electorate at a special election to be held on March 23 , 1993 if the measure increasing business license fees also passes. ALTERNATE SECTION 2 . The foregoing authorization shall be effective upon its passage by the electorate at a special election to be held on March 23, 1993 if the following two events occur: 1) the measure authorizing the increase in the business license tax submitted. at this same election passes PAGE 1-RESOLUTION (p:ard\opmnmd.1Re) and 2) the measure referred to the voters at this same election by the city council regarding a food and beverage tax fails, or if it passes, the measure authorizing the issuance or bonds for open space park acquisition receives more votes for its passage than does the food and beverage tax measure. 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 PAGE 2-RESOLUTION cp:om%op=nwd.1Re> AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE SECTION 6. 04 . 080 BY INCREASING THE BUSINESS LICENSE TAX BY $40 FOR OPEN SPACE PURPOSES AND PERMITTING EXEMPTIONS FROM THE INCREASE FOR CERTAIN BUSINESSES. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: Section 1. Section 6. 04 . 080.A of the Ashland Municipal Code pertaining to the business license tax schedule, shall be amended to read as follows: 6 . 04. 080 License Tax Schedule. A person licensed under this Chapter shall pay an annual license tax in the following amount: "A. If the business is carried on by not more than two individuals, the license fee is $60. 00, plus $40 dedicated for the Open Space Park Program. The portion of the fee dedicated to the Open Space Park Program shall expire on December 31, 2010. " Section 2. The following subsection C shall be added to Section 6. 04 . 080 of the Ashland Municipal Code: "C. The city council may adopt by resolution an exemption for persons licensed under this Chapter from paying that portion of the license fee described in Section 6. 04 . 080.A dedicated for the Open Space Park Program. No exemption shall be adopted for persons operating businesses with a gross income of more than $10, 000, as reported on federal Internal Revenue Service tax forms. " Section 3 . This ordinance shall only be effective if the measure referred to the electorate at the special election to be held on March 23 , 1993 in resolution 92- entitled "A RESOLUTION CALLING A SPECIAL ELECTION FOR MARCH 23 , 1993 , IN THE CITY OF ASHLAND FOR THE PURPOSE OF SUBMITTING TO THE VOTERS OF THE CITY A MEASURE AUTHORIZING THE ISSUANCE OF $2 , 000, 000 IN GENERAL OBLIGATION BONDS" passes. Alternate Section 3 . This ordinance shall only be effective if A. The measure referred to the electorate at the special election to be held on March 23, 1993 in resolution 92- entitled "A RESOLUTION CALLING A SPECIAL ELECTION FOR MARCH 23, 1993, IN THE CITY OF ASHLAND FOR THE PURPOSE OF SUBMITTING TO THE VOTERS OF THE CITY A MEASURE AUTHORIZING THE ISSUANCE OF $2, 000, 000 IN GENERAL OBLIGATION BONDS" passes, and if B. The measure referred at this same special election in resolution 92- entitled "A RESOLUTION CALLING A SPECIAL ELECTION FOR MARCH 23, 1993, IN THE CITY OF ASHLAND 3-ORDINANCE (pAmd�opcnbl .Ire FOR THE PURPOSE OF REFERRING TO THE VOTERS OF THE CITY A MEASURE APPROVING AN ORDINANCE IMPOSING A TAX ON THE SALE OF FOOD AND BEVERAGES IN RESTAURANTS" fails, or if it passes, it receives fewer votes than the measure described in subsection A of this section 3 . Section 4. The tax specified in section 1 of this ordinance is classified as not subject to the limits of Section iib of Article XI of the Oregon Constitution (Ballot Measure 5) . 4-ORDINANCE (p:%ord\op=b=.im RESOLUTION NO. A RESOLUTION CALLING A SPECIAL ELECTION FOR MARCH 23 , 1993, IN THE CITY OF ASHLAND FOR THE PURPOSE OF REFERRING TO THE VOTERS OF THE CITY A MEASURE APPROVING AN ORDINANCE INCREASING THE BUSINESS LICENSE TAX. THE CITY OF ASHLAND -RESOLVES AS FOLLOWS: SECTION. 1. A special election is called to be held in the City of Ashland, Oregon on March 23, 1993 , at which election there shall be referred to the voters for their adoption or rejection, the attached ordinance entitled "AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE SECTION 6. 04 . 080 BY INCREASING THE BUSINESS LICENSE TAX BY $40 FOR OPEN SPACE PURPOSES AND PERMITTING EXEMPTIONS FROM THE INCREASE FOR CERTAIN BUSINESSES. " SECTION 2 . The foregoing ordinance shall be effective upon its passage by the electorate at a special election to be held on March 23 , 1993 the measure authorizing the issuance or bonds for open space park acquisition also passes at this same election. ALTERNATE SECTION 2 . The foregoing ordinance shall be effective upon its passage by the electorate at a special election to be held on March 23, 1993 if the following two events occur: 1) the measure authorizing the issuance of $2,000, 000 in general obligation bonds for open space park acquisition passes and 2) the measure referred to the voters at this same election by the city council regarding a food and beverage tax fails, or if it passes, the measure authorizing the issuance or bonds for open space park acquisition receives more votes for its passage than does the food and beverage tax measure. SECTION 3 . The ballot title for this measure is as set forth on the attached Exhibit A. SECTION 4 . The City Recorder is requested and directed to give notice of this special election as provided in the laws of the State of Oregon and the charter and ordinances of the City of Ashland. 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 PAGE 1-RESOLUTION (p:oid\opeob=.1Re) EXHIBIT A CAPTION: Ordinance increasing business license tax for open space park program. QUESTION: Shall the business license tax be increased by $40 per year for the Open Space Park Program? EXPLANATION: The business license tax would be increased by $40 which would be dedicated for the acquisition of property for the city's Open Space Park Program. The increase would automatically expire on December 31, 2010. The increase would only be effective if the bond measure for acquiring property for open space, submitted to the voters at this same election, passes. ALTERNATE EXPLANATION: The business license tax would be increased by $40 which would be dedicated for the acquisition of property for the city's Open Space Park Program. The increase would automatically expire on December 31, 2010 . The increase would only be effective if the bond measure for acquiring property for open space, submitted to the voters at this same election, passes and the food and beverage tax measure, also submitted at this same election, fails or passes with fewer votes than the bond measure. PAGE 2-RESOLUTION (p:ord\opeobW.1Re) RESOLUTION NO. A RESOLUTION CALLING A SPECIAL ELECTION FOR MARCH 231 1993 , IN THE CITY OF ASHLAND FOR THE PURPOSE OF REFERRING TO THE VOTERS OF THE CITY A MEASURE APPROVING AN ORDINANCE IMPOSING A TAX ON THE SALE OF FOOD AND BEVERAGES IN RESTAURANTS. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. A special election is called to be held in the City of Ashland, Oregon on March 23 , 1993 , at which election there shall be referred to the voters for their adoption or rejection, the ordinance attached to this resolution entitled "AN ORDINANCE OF THE CITY OF ASHLAND ADDING A NEW CHAPTER 13 . 24 TO THE ASHLAND MUNICIPAL CODE CONCERNING MEALS, FOOD AND BEVERAGE TAXATION. " SECTION 2 . The foregoing ordinance shall be effective upon its passage by the electorate at a special election to be held on March 23, 1993 . ALTERNATE SECTION 2 . The foregoing ordinance shall be effective upon its passage by the electorate at a special election to be held on March 23, 1993 if the following occurs: The measure authorizing the issuance of $2, 000, 000 in general obligation bonds for open space park acquisition fails, or, if it passes, and the measure increasing the business license tax passes, the bond measure passes with fewer votes in favor than votes in favor of the foregoing ordinance. SECTION 3 . The ballot title for this measure is as set forth on the attached Exhibit A. SECTION 4 . The City Recorder is requested and directed to give notice of this special election as provided in the laws of the State of Oregon and the charter and ordinances of the City of Ashland. 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 (p:ord%=-f&b.1m) PAGE 1-RESOLUTION (p:ord\a4&b.1Re) EXHIBIT A CAPTION: Tax on food and beverages sold in restaurants. QUESTION: Shall one percent tax on food and beverages sold in restaurants be imposed to fund the Open Space Park Program? EXPLANATION: This tax is on sales of food and beverages, excluding alcoholic beverages, in restaurants. The taxes are dedicated for acquisition of Open Space lands or easements and other purposes pertinent to the Open Space Park Program as the city council or park commission determine. The tax expires on December 31, 2010. ALTERNATE EXPLANATION: This tax is on sales of food and beverages, excluding alcoholic beverages, in restaurants. The taxes are dedicated for acquisition of Open Space lands or easements and other purposes pertinent to the open Space Park Program as the city council or park commission determine. The tax expires on December 31, 2010. The tax is effective only if the bond measure for open space property, submitted at this same election, fails, or if it passes, it passes with fewer votes than the votes for this tax. PAGE 27RESOLUTION (p:ord\=-f&b.1Re) ORDINANCE NO. AN ORDINANCE OF THE CITY OF ASHLAND ADDING A NEW CHAPTER 13 . 24 TO THE ASHLAND MUNICIPAL CODE CONCERNING RESTAURANT FOOD AND BEVERAGE TAXATION. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. . Chapter 4 . 34 is added to the Ashland Municipal Code and shall read as follows: Chapter 4 . 34 FOOD AND BEVERAGE TAX Sections: 4 . 34. 010 Definitions. 4 . 34. 020 Tax Imposed. 4 . 34. 030 Exemptions. 4 . 34 . 040 Operator's Duties. 4 . 34 . 050 Reporting and remitting. 4 . 34 . 060 Penalties and Interest. 4 . 34 . 070 Failure to Collect and Report Tax--Determination of Tax by Director. 4 . 34. 080 Appeal. 4 . 34 . 090 Records. 4 . 34 . 100 Refunds. 4 . 34 . 110 Actions to Collect. 4 . 34 . 120 Violations--Infractions. 4 . 34 . 130 Confidentiality. 4 . 34 . 140 Examining Books, Records. 4 . 34. 150 Special account. 4 . 34. 160 Termination of tax. OPTIONAL 4 .34 .170 Effective upon contingency. 4 . 34 . 010 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. "Caterer" means a person who prepares food at a business site, for compensation, for consumption off the business premises but within the corporate limits of the city. B. "Combination facility" has the same meaning as defined in Oregon Administrative Rule 333-150-000 (8) which the State of Oregon Department of Agriculture licenses or inspects under Oregon Administrative Rule 333-158-000. B. "Director" means the Director of Finance of the City of Ashland, or designee. C. "Food" includes all meals and beverages, excluding alcoholic beverages, served in a restaurant including "takeout" , "to go" or delivered orders. D. "Open Space Park Program" and "Open Space lands or easements" have the same meaning as used in Article XIX A of the Ashland City Charter. E. "Operator" means the person who is proprietor of the PAGE 1-PARK COMMISSION FOOD & BEVERAGE TAX PROPOSAL (p:od\=-nq restaurant, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee or any other capacity. where the operator is a corporation, the term operator shall also include each and every member of the Board of Directors of such corporation for the time involved. F. "Restaurant" means any establishment required to be licensed as a restaurant by the State of Oregon Health Division and includes any establishment where food or beverage is prepared for consumption by the public or any establishment where the public obtains food or beverage so prepared in form or quantity consumable then and there, whether or not it is consumed within the confines of the premises where prepared, and also includes establishments which prepare food or beverage in consumable form for service outside the premises where prepared. The term restaurant also includes establishments where such food or beverage is prepared in a combination facility. 4 . 34 . 020 Tax imposed. A. The city imposes and levies, in addition to all other taxes, fees and charges of every kind, a tax upon: 1. All food and beverages sold by restaurants located within the city to the public, except for whole cakes, pies, and loaves of bread if purchased for consumption off premises, and for alcoholic beverages; 2 . All food and beverages, except alcoholic beverages, sold by a caterer for an event located within the city; and 3 . The following items sold by combination facilities: a. Salads from salad bars; b. Dispensed soft drinks and coffee; and , C. Sandwiches or hot prepared foods ready for immediate consumption. B. Such tax shall be imposed at a rate of one percent on the total amount charged by the seller for the food and beverages, or for the meal, including any amount or percentage, whether designated as a gratuity, tip, or service charge, that is added to the price by the seller, and required to be paid by the purchaser. In the computation of this tax any fraction of one- half cent or more shall be treated as one cent. C. All taxes collected by the city under this chapter shall be paid into the Open Space Park Account. Such taxes shall be used for the acquisition of Open Space lands or easements and for such other purposes pertinent to the Open Space Park. Program as the Council and Park Commission may jointly determine. 4 . 34 . 030 Exemptions. The tax levied by section 4 . 34 . 020 shall not be collected or assessed on food or beverages: A. Sold by public or private schools or colleges, except that food sold by independent contractor operators at such schools or colleges shall be subject to the tax imposed by this chapter; B. Provided by hospitals; C. Provided by bed and breakfast establishments to their guests. D. Sold in vending machines; PAGE 2-PARK COMMISSION FOOD & BEVERAGE TAX PROPOSAL (p:ord%=-fbt) E. Sold in temporary restaurants including food stands, booths, street concessions and similar type operations, operated by non-profit organizations or service clubs. F. Served in connection with overnight or residential facilities--including, but not limited to, convalescent homes, nursing homes, retirement homes and motels--if the food and beverage are provided as part of the cost of sleeping accommodations. G. Provided by nonprofit tax-exempt organizations to citizens over 60 years of age as a part of a recognized senior citizen nutritional program. 4 . 34 . 040 Operator's Duties. Each operator shall collect the tax imposed by this chapter, to the same extent and at the same time as the amount for the food or beverage is collected from every purchaser. The amount of tax shall be separately stated from the amount of the food or beverage. Every operator required to collect the tax imposed in this chapter shall be entitled to retain five percent of all taxes collected to defray the costs of collections and remittance. 4 . 34 . 050 Reporting and remitting. On or after July 1, 1993 , every operator shall, on or before the 25th day of the month following the end of each calendar quarter (in the months of April, July, October and January) , make a return to the director, on forms provided by the City, specifying the total sales subject to this chapter and the amount of tax collected under this chapter. At the time the return is filed, the full amount of the tax collected shall be remitted to the director. The director may establish shorter reporting periods for any operator if the administrator deems it necessary in order to insure collection of the tax and the administrator may require further information in the return relevant to payment of the liability. Returns and payments are due immediately upon cessation of business for any reason. All taxes collected by operators pursuant to this chapter shall be held in trust for the account of the City until payment is made to the director. 4 . 34 . 060 Penalties and interest. A. Any operator who fails to remit any portion of any tax imposed by this chapter within the time required, shall pay a penalty of ten percent of the amount of the tax, in addition to the amount of the tax. B. Any operator who fails to remit any delinquent remittance on or before a period of 30 days following the date on which the remittance first became delinquent, shall pay a second delinquency penalty of ten percent of the amount of the tax in addition to the amount of the tax and the penalty first imposed. C. If the director determines that the nonpayment of any remittance due under this chapter is due to fraud, a penalty of 25% percent of the amount of the tax shall be added thereto in addition to the penalties stated in subparagraphs A and B of this section. D. In addition to the penalties imposed, any operator who fails to remit any tax imposed by this chapter shall pay interest PAGE 3-PARK COMMISSION FOOD & BEVERAGE TAX PROPOSAL (p:ord\=-tbq at the rate of one percent per month or fraction thereof on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid. E. Every penalty imposed and such interest as accrues under the provisions of this section shall become a part of the tax required to be paid. 4 . 34 . 070 Failure to Collect and Report Tax--Determination of Tax by Director. If any operator should fail to keep adequate records or refuse to pay the tax imposed by this chapter, or to make, within the time provided in this chapter, any report and remittance of the tax or any portion required by this chapter, the director shall proceed in such manner as deemed best to obtain facts and information on which to base the estimate of tax due. As soon as the director shall procure such facts and information as is able to be obtained, upon which to base the assessment of any tax imposed by this chapter and payable by any operator who has failed or refused to collect the same and to make such report and remittance, the administrator shall proceed to determine and assess against such operator the tax, interest and penalties provided for by this chapter. In case such determination is made, the director shall give a notice of the amount so assessed by having it served personally or by depositing it in the United States mail, postage prepaid, addressed to the operator so assessed at the last known place of address. Such operator may within ten days after the serving of mailing of such notice make an appeal of such determinations as provide in section 4 . 34 . 060. If no appeal is filed, the director's determination is final and the amount thereby is immediately due and payable. 4 . 34 . 080 Appeal. Any operator aggrieved by an decision of the director with respect to the amount of such tax, interest and penalties, if any, may appeal to the city council by filing a notice of .appeal with the city administrator within 15 days of the serving or mailing of the determination of tax due. The council shall fix a time and place for hearing such appeal, and the city administrator shall give five days written notice of the time and place of hearing to such operator at the last known place of address. The council shall hear and consider any records and evidence presented bearing upon the director's determination of amount due, and make findings affirming, reversing or modifying the determination. The findings of the council shall be final and conclusive, and shall be served upon the appellant in the manner prescribed above for service of notice of hearing. Any amount found to be due shall be immediately due and payable upon the service of notice. 4 . 34 . 090 Records. It shall be the duty of every operator liable for the collection and payment to the city of any tax imposed by this chapter to keep and preserve, for a period of three years, all such records as may be necessary to -determine the amount of such tax. The director shall have the right to inspect all records at all reasonable times. PAGE 4-PARK COMMISSION FOOD & BEVERAGE TAX PROPOSAL (p:md\W4bt) 4 . 34 . 100 Refunds. A. Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once, or has been erroneously or illegally collected or received by the city under this chapter, it may be refunded as provide in subparagraph B of this section, provided a claim in writing, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the director within three years of the date of payment. The claim shall be on forms furnished by the director. B. An operator may claim a refund, or take as credit against taxes collected and remitted, the amount overpaid, paid more than once or erroneously or illegally collected or received in a manner prescribed by the director. C. No refund shall be paid under the provisions of this section unless the claimant established the right by written records showing entitlement to such refund. 4 . 34 . 110 Actions to Collect. Any tax required to be paid by any operator under the provisions of this chapter shall be .deemed a debt owed by the operator to the city. Any such tax collected by an operator which has not been paid to the city shall be deemed a debt owned to the operator to the city. Any person owing money to the city under the provisions of this chapter shall be liable to an action brought in the name of the City Of Ashland for the recovery of such amount. 4 . 34. 120 Violations--Infractions. Any operator or other person who fails or refuse to comply as required herein, or to furnish any return required to be make, or fails or refuse to furnish a supplemental return or other data required by the director, or who renders a false or fraudulent return or claim, or who fails, refuses or neglects to remit the tax to the city by the due date, is guilty of an infraction and shall be punished as set forth in section 1. 08 . 020 of the Ashland Municipal Code. 4. 34 . 130 Confidentiality. Except as otherwise required by law, it shall be unlawful for the city, any officer, employee or agent to divulge, release or make known in any manner any financial information submitted or disclosed to the city under the terms of this chapter. Nothing in this section shall prohibit: A. The disclosure of the names and addresses of any person who are operating a restaurant; or B. The disclosure of general statistics in a form which would prevent the identification of financial information regarding an individual operator; or C. Presentation of evidence to the court, or other tribunal ' having jurisdiction in the prosecution of a claim by the Administrator or an appeal form the city administrator for amount due the city under this chapter. 4 . 34 . 140 Examining Books, Records, or Persons. The city, for the purpose of determining the correctness of any operator of a restaurant tax return, or for the purpose of an estimate of taxes due, may examine or may cause to be examined by an agent or representative designed by it for that purpose, any books, PAGE 5-PARK COMMISSION FOOD & BEVERAGE TAX PROPOSAL (p:ondx=-mc) papers, records, or memoranda, including copies of operator's state and federal income tax return, bearing upon the matter of the operator's tax return. 4 . 34 . 150 Special account. The monies collected from this tax shall be expended only for the Open Space lands or easements, for costs of acquisition, for costs of development, for costs of collection and for such other purposes pertinent to the Open Space Park Program as the Council and Park Commission may jointly determine. All monies dedicated under this chapter shall remain under the financial management of the City of Ashland. 4. 34 . 160 Termination of tax. This chapter shall expire on December 31, 2010, unless extended by a vote of the electorate. OPTIONAL 4 .34 .170 Effective upon contingency. This ordinance shall only be effective if the measure referred to the electorate at the special election to be held on March 23, 1993 in resolution 92- entitled "A RESOLUTION CALLING A SPECIAL ELECTION FOR MARCH 23, 1993, IN THE CITY OF ASHLAND FOR THE PURPOSE OF SUBMITTING TO THE VOTERS OF THE CITY A MEASURE AUTHORIZING THE ISSUANCE OF $2, 000,000 IN GENERAL OBLIGATION BONDS" fails, or, if it passes and the measure increasing business license fees also passes, the bond measure receives fewer votes than this ordinance. PAGE 6-PARK COMMISSION FOOD & BEVERAGE TAX PROPOSAL (p:am\w-mq v �.� � � � � 4L� V 4 �A i� � 4i •l` °RE60� .' November 24, 1992 C, Brian Almquist, City Administrator - r rum: Steven Hall, Public Works Director �1t�;Ptf: Fixed Base Operator ACTION REQUESTED City Council approve Robert A. Skinner as Fixed Base Operator for the Ashland Municipal Airport. City Council authorize City Administrator to negotiate and sign a lease with Robert A. Skinner. City Council instruct the staff to bring back a resolution allowing for an interfund loan for the next three years at approximately $10, 000 per year; or renegotiate the note with Southern Oregon Skyways to reduce the current debt service by $9,200, whichever is more advantageous to the City. BACKGROUND In March, 1992 the City Council concurred with the Airport Commission not to renew the lease with Jeremy Scott operating as Ashland Air. A search for a new fixed base operator (FBO) was started immediately after that action. As a result of a nationwide advertising campaign, only 2 full proposals and one partial proposal were received. After an extensive review and interviews, the Airport Commission denied all applications. After a few months, several people expressed an interest in .applying to the City for the position of FBO. The Airport Commission directed staff to request proposals from the names of those expressing interest. The City received 6 responses. The Airport Commission reviewed the responses and set interviews with the two top candidates, Greg Reeser as Ashland Airport Services and Bob Skinner. Based on a the interviews, evaluation of references and experience and review of financial statements, the Airport Commission by majority vote is recommending the City Council approve Robert A. Skinner as the next FBO contingent on successful negotiation of a lease. FINANCIAL ANALYSIS With the difficulty in finding a qualified FBO and with a tighter economy, we have found that any potential FBO is "bidding" a lot tighter financially. Although the proposals are that, I do not think we will find much room for the expansion of income to Ashland. By a preliminary analysis, we will receive about $9,200 less based on the Skinner proposal. I have attached a memorandum to the Airport Commission with the detaiL�'of the proposals received. Brian Almquist and I have discussed options for covering the lessened income to the Airport Fund. A key issue in the future financial status of the Airport is the payoff of the current loan for the 20 T hangars which were purchased under contract from Southern Oregon Skyways in 1987. The final Payment is on September 1, 1995, less than three years from now. This will place another $20,000 per year in the Airport Fund for expenditures related to the airport. I am suggesting that the City either: (1) loan the Airport fund approximately $10,000 per year for the next three years and that the Airport Fund repay the City plus interest over the following three years from the $20,000 to be gained after the payoff of the T hangars; or (2) renegotiate the existing note with Southern Oregon Skyways to reduce the current debt service by $9,200 per year, either of which would put the airport operation on a break-even basis. The airport has come under scrutiny in recent years. The City Council policy is that the airport will operate on a self-sustaining basis as much as possible. Not everyone realizes the financial impact the airport has on Ashland's economy. During 1989 the Southern Oregon State College School of Business conducted a 3 part study of the economic impact of the Ashland Municipal Airport. The results of that study note a direct and indirect benefit to Ashland's economy of over $l .million dollars! cc: Pam Barlow, Administrative Assistant Airport Commission Greg Reeser, Interim Airport Manager enc zoposa ' (C/�1 m nner or 11/' 0 . R so tion OF r6;-LANE Z rU ZL LAO' iIPGATE: 08 L-eC '2 --------------------------------------------------------------- T --------------------------------------------------------------- 2 C ar 2doKm FEEz h lity Fee t900 C. h t F E Wi Braham 135 gpera+ior, -I Tent—N,w Land '_sale=_. �I n -40 Cs Pent-Land Lea—M 7 4!10 Rent-FDO 8uilddiqP4: $12,006 $5,31)0) Rm4a! Interest nn In.VE-tMents 4;",)o 16-00 $0 --------------------------------------------------------------- TMAL INCOME $52.,500 $49,-I-L Cash Carryover $10,0,10 $101000 CAS? AVAIUBLE $02,500 $55,712 EXPENSES Central Service Charges -C -0 6v $81600 $0 Commissions, Airport Coe, $700 $0 Contracted md Servi rP5 51,100 11) Insurance 000 $0 Licences & Permits $400 $400 $0 F,a i n t e n.-r,1 e $8.000 $81000 .0 Miscellaneous- $106 $200 $0 Office Supplies $.5010 $500 -C, Travel and TrE'ninq $500 $Cj"'o $o Utilities $31200 $7.060 Rebuild Runway Lighting U.,ON 1 Fuel Tank Improvements $10,000 $i t" 0 0 0 $0 V'i2r to Gebt far ice Fun C 1 0C, $19;tjqo 1 0(141 Contingency $4,000 $4,000 $0 --------------------------------------------------------------- TOTAL EXPENSES $~2,500 $58,M ($4,10,00) NET BUDGET 50 $1,212 $1,22 0F �H`�a ema ran Aunt G4EGG�.`' December 10, 1992 Mayor and City Council r rQ++__IIL: 11 Jill Turner Director of Finance o�Ptl: Water Rates This is my second memo regarding water rates. Recommendation Staff recommends passage of the attached resolution increasing water rates by a minimum of 20 percent on January 1, 1993 . Discussion Last December staff reviewed water rates on a three year basis. The long term scenario showed a 25 percent . rate increase in each year. for three years and that property taxes would be used to supplement the bond issue at -le as t initially. IIuring the budget process some items were delayed opostpened grid the 7at111axy 93 xate inCreass was whets do?vn to ; U per ent Since £hat time tAe City went through a record drought and initiated both water curtailment- and conservation measures. The long term effect of these measures and additional rate increases on year round water revenues is still unknown. The year round average residential water bill has dropped from $18 . 15 to $17 .82 because of these factors. At the last council meeting, Council directed staff to refine the projections and to come back with additional information. The Finance Department has prepared a three year water budget under two scenarios. The only difference in the scenarios is 2 percent in the January 1, 1993 rate increase. Alternative 4 increases rates by 22 percent and Alternative 5 increases rates by 20 percent. Residential water rates, which are summarized below, are extrapolated from the lengthy scenarios. Please be aware that these rates are tentative, as staff will be suggesting a water rate study in the fall of 1993 . Option Proposed Estimated Estimated Estimated January 93 January 94 January 95 January 96 4* $ 21. 96 $ 26. 35 $28 . 33 $29 . 75 �*. All alternatives assume a proportional increase in commercial charges. All alternatives used $18.00 as the present monthly base rate. For ease of comparison, all scenarios assume the followifig: (the last four assumptions were added since the last council meeting) 1 - That SDC (building activity) will be equal to that of 1991-92 . That revenues will double, and then triple, with full implementation of the SDC rates. 2 - The unreserved water fund balailce will equal 17. 5 percent at June 30, 1996. 3 - The City will continue a conservation program at $30, 000, plus a half time employee. 4 - The Capital Projects, as outlined on the attached water Summary CIP page, will be funded. 5 - All projections assume that as water rates are increased, residents will cut back on water consumption, leaving a 2 percent rate increase. 6 - All scenarios assume that there will be no overage or underage on the Northwest Reservoir project. 7 - Operations and Maintenance continue at the present level. No additional services or programs are included. No additional employees are added to the. scenarios. S - All scenarios assume a one percent growth. The' Sr7ater;"Treatiuent i�ugrovements of; p stpane4 beyond h uxxent fisaa yeas �Q these �t1rnatz\res assume that the 1952 water Bond issue pi w111 be entirely paid for Iay'propety takes and SI7 's ;for the; ,next three years,A" z,a� These sse�arios:: assume: �ha�. the .7urie 30, zt�Ba, Genexa�,.. bond fund;: balance w+�ll equal: trie annual debt service of the x.977 _and 19$2 bands 0.992 Ad'uarice i2eflndingHonds� , This $I5xU0Lf additiona3. contribution is equal tai the sa�rings on the AdvanC� Refund�.ng Bond issue ;: 3!2 Na 'unseeT) contingency ; t� i happen 3ekWeeti: new and the. end of trie fiscal year Ad.-further water cizrtailm- ) H:\jill\wp\council\wakrts2 WATER - SUMMARY s Water #1 - Acquisition of Water Rights Water #2 - Upgrade of Treatment Plant Water #3 - Waterline on North Main from Fox to Granite Water #4 - Waterline on Ashland Mine from City Limit to Fox Water #5 - Waterline on Ashland from Terrace to Siskiyou Water #6 - Waterline Throughout the City Water #7 - Additional Water Supply FIVE YEAR BEYOND 93_94 94_95 9595=96 9696=97 97_98 TOTAL 1998 COSTS Water #1 111,000 76,000 76,000 76,000 76,000 415,000 Water #2 100,000 100,000 100,000 100,000 100,000 500,000 1,200,000 .Water #3 58,000 100,000 137,000 - -295,000 Water #4 125,000 33,000 158,000 Water #5 147,000 147,000 Water #6 0 4,857,000 Water #7 0 8.280.000 Total Costs 269.000 276.000 313.000 301,000 356.000 1.515,000 14.337.000 FUNDING Water Charges 100,000 151,000 188,000 176,000 231,000 846,000 10,756,000 SDC Supply 111,000 76,000 76,000 76,000 76,000 415,000 1,216,000 SDC Treatment 58,000 49,000 49,000 49,000 49,000 254,000 G 0 Bonds 0 7,064.000 Total Funding 269.000 276.000 313.000 301.000 356.000 1,515.000 19.036,000 Debt Payments SDC Supply - 0 4,050,000 Water Charges 0 5,673,000 Property Tax 0 5,672,000 Total Debt 0 0 0 0 0 0 15,395.000 MJill\wp\dp\w murn?U 1 WATER DIJAI 7 T- FUND WATER QUALITY FUND Option j 20 pefteh Increase H:\budqer\Wa1Eror6 WATER DIVISION ----------------------- ----------- ---------------------------------------- - --- -------- I- -- ACTUAL ACTUAL BUDGETED ESTIMATED ACCOUNT DESCRIPTION OF PROPOSED PROPOSED PROPOSED 1390-91 1991-Q % 7j 7992_97 CODE RHUIREMENTS 993 94 1994-95 1995-96 -------- ------------------------------- ----------- ----------- ----------- 1.050 1.050 Personnel Services 4 503,358 526,163 584.090 592,170 501.100 Regular salaries and wages 1 621,520 652,600 685,200 46,314 28.124 32,000 32,100 501.320 Over-tiae pay 32,000 33,600 35,300 203,771 206,489 261,260 244,990 J-I,000 Frinqe benefits 261,660 274,700 288,400 -------------------------------- ----------- ----------- ----------- ----------- 755,443 760,776 876,350 869,160 Total Personnel Services 1 915,180 Calculate 960,900 1,008'900 Materials and Services 43 3,000 4,300 601.000 Advertising i 4,501 1.050 4,700 4,900 254,000 314,740 315,000 315,000 605.000 Central service charges 330,800 1.050 347,300 364,700 30,799 22,06 36,200 50,000 607,000 Chemical and lab fees 1 55,000 1.100 57,800 601700 4,042 4,309 3,300 5,000 614;060, Dues and-suhcription-s 1 5,000 1.00 5,300 5i600 75,200 97,140 130,320 128,164 613.100 Equipment rental - city 1 128,200 1.000 134,600 141"300 26 1,158 3,000 600• 613,200 Equipment rental - outside 0 0 0 14,176 14,064 15,000 15,000 617.000 Insurance 16,500 1.100 17,300 18,200 2,028 1,793 1.000 500 619.000 Licenses and permits 800 1.500 800 800 27,483 27,802 29,900 26,508 620A00 Maintenance 1 27,800 -1,050 29,200 30,700 i,358 j a �,000 2,000 621.000 Miscellaneous 2,100 11.050 2,200 2,300 38,679 41,790 47,000 45,060 62C OW :Professional: Services 1 25,000 Calculate 26,300 27,600 3,500 3,809 2'500 1 4 j,� 700,000 625.500 Safety Program j 1.100 3,500 3,700 2,998 93 1,000 10,000 615.700 Watershed Management Program 1 10,500 1.050 li'mo Il'boo 25,918 25,918 26,500 25,918 628.000 Purchased water 28,500 1.100 23,900 31,400 5,010 3,853 3,500 4,000 6301.0100 Small tools 1 4,200 1.050 4,400 411,600 4,576 7,776 8,480 6,600 636.:000, Supplies�' 6,900 1.050 7,200 7,600 20,000 83,956 67,000 86,200 637.300 Payment in lies oVir in6i se ta: 99,700 Calculate 109,600 li6,300 -.251 6,223 5,000 10,000 640.000 Travel and training 10,500 1.050 11,000 11,600 163 437 800 166 641.000 Uniform allowance 200 1.0550 201 200 47.854 40,786 47,000 54,800 642.000 Utilities 60,300 1.100 63 '00 66,400 20,000 Conservation ,ti ,R SDC: 30,000 Calculate 31,500 S3 100 ,qiker,,voi r --------------------------------- ----------- ----------- ----------- ----------- 561 061 698,121 788,500 792,756 Total Materials and Services 1 849,800 897,100 943,400 94.80Z 105.57X 105.161 Capital Outlay i 715,840 14,951 19,510 19,510 703.000 Equipment 100,000 100,000 100,000 167,51 1 85,276 12,000 22,000 704.000 improvements other than buildin! 100,000 151,000 188,000 7,252 157,800 24,790 Treatment 45,700 45.700 Distribution 21,2319 38,000 38,()00 New Services 170,252 1.860,000 2.196.500 Re5erVOiF/SDC/ 0 --------------------------------- ----------- i----------- ----------- ----------- 199,371 332,093 2,143,010 2,346,500 Total Capital Outlay 1 200,000 251'000 280,000 ------------- option loercent--:14reace T5ALITY Ht--'D wAUR QUALITY -u- IATER DIVISTIA )udget\waterar6 ited December 1 --------------------------------- --------- - ------------------ ---------- ---------- ----------- ACT A,�A C-,pL BUDGETED ESTIMATED ACCOUNT DESCRIP TT OF PROPOSED -P R-O-P-O-S-E-D--- -P-R-O-P-O-S-E-D- -- _93 CG REGUIREKENTS 1973-94 1994-95 1995-98 19 90-9 i 1991-92 19;2-U' 191,1HE N ----------- ----------- -------- ------------ -------------------------------- -------------------------- ------- Debt Service - 10,963 i6,907 5,100 5,200 854.000 Assessiw Payaents 1,200 5,200 lu'vot" :0,000 Qip).410 Transfer to Capital Improvement: 38,500 - 00_18,ppo 31,055 36102:i 34,980 �Zyw; ____1977 Water Bond- --- 0 191,500 191,500 191,500 M.500 1972 Water refunding bonds 182,100 178,600 184,60 30,000 30,000 1992 Water Banos 0 0' 0 910.520 Transfer-to GBF 1977 Water Bond! 8,500 0 0 90,520 Transfer to 6BF 1992 Water Bond! 6,500 15,000 li'm --------------------------------- ----------- ----------- ----------- ----------- 250,q63 256.907 265,200 265,200 239,J55 234,825 233,780 150,000 910.000 Contingency ----------- ----------- ----------- --------- ----------- 644,516 2,475,952 248,940 296,804 940,000 Unappropriated Ending fund bala: 355,209 417,460 ---502,422 -------------------------------- ------ ----------- ----------- ------- ------------------------- -------- -- -------- ------------------------------- 2,761,305 2,982,502 2�411,154 _x_,`•73,844 4,477,000 4-570j2L-______jRj"EURFrjFNT9 7-537,544 ------ ----- F 11 WATER QLF�!TY no t i on 5 - 20 percent li&ease 0 U A L i T f NATER. DIVIS10 ----------- --------------------- ---- -------------------------------- ----------- - ----------- C T U A.L ACTUAL ijp�: D,-,ET-D ESTMATED ACCOUNT DESCRIPTION OF PROPOSED PROPOSED PROPOSED L� H.- C 199(,-9i i99,1-92 1992-93 CODE E �Nls 1996-94 1374-95 1995-96 -k4 .. ........ ----------- -------- ----------------- 11RCES 6J7,524 125188 d44, 18— 480'uou—, 419,820--Unde5icqn-ated Fund 420 0 1,280,000 2,036,i32 Reserved ror SDC, Bond Sale 825,088 644,918 2 •60,000 2,475..752 4015.000 working capital carryover 306,804 3:5,209 417,480 ------------------------------- ----------- ----------- Charges for Services -19,1_0a---3,314 I a.,NO 42,569, 440.110-AELounf Maint. rbacf ip 0 0 0 107,81C 7-,276 100�000 102,160 440.1M First service Install 105,000 105,000 j b I - 1 41114,740 i.M 2,'196,296 1.086 2,435,222 90,261 1,50,632, 71 i,1,1,000 440.400 Sales 0 ?S,ssS_ ,,209 Fe E—Wat Er 0 0 0 ------------------------------- ----------- ----------- ----------- ----------- ,545,737 1,7371144 2;029,000 1,990,096 Total Water Charges far Seryicer 2,214,940 21401,296 2,540,222 32,908 - 67.652 i70.000 Interest on Investments 1G,000 15,000 15,000 ------------------------------- ----------- ----------- 6.9?1 ?,069,0R9 -5 fin 16,9?0 400.000-Ai5rp1An2miq Rpveaupq 8,000 10,000 -------------------------------- ----------- --------- ----------- ----------- ----------- -------------------- ---------- --------- - -------- ------------------------------------------- ----------- TOTAL RESOURCES 2,537,744 2,761,505 .,411,354 4,523,849 4,472,000 4,570,420 2,992,702 ----------- --------- ------------ - --------- (0) 0 0 0 i 200 200 200 0.175 FUND BALANCE CALCULATION 0.175 0.175 0.175 341,968 Target Fund Balance 390,765 0 424,602 0 448,914 726,204 —AduaL-Emd-Bal-ance 3-N5 ?09 -----417e98� 502.422_ ----------- ----------- ----------- ----------- 055.5561 (7,112) -3.,508 QUALITY FUND WATER QUALITY FUND Option 4 22 percent (crease edget\waterpr6 WATER DIVISION red December 10. 1992 __ _..--__ --- ----- ' ----------- -------- ------------------------------------ CTUA.L ACTUAL BUDGETED ESTIMATED ACCOUNT DESCRiP?@t; O' PROPOSED PROPOSED PROPOSED 1990-9i 1991-92 i992-93 1992-93 CODE REQUIREMENTS 1993-94 1994-95 1995-96 ------------------------------- ----------- -------- ------------------------------------------ ---- --- --- - - 1.050 1,050 Personnel Services 503,358 526 163 584090 592,170 501.100 Regular salaries and wages 621,520 652,600 685,200 48,314 28,,124 32,060 32,000 501.320 Over-time pay 32.000 33,600 5J,300 203,771 20089 260,260 244,990 JJ1.600 Frinqe benefits 261,660 274,700 <88,400 ------ ----------- ----------- ----------- --------- - - ---- -- 755',443 780,176 816,350 869,160 Total Personnel Services 715,180 Calculate 960,900 1,068,900 ' Materials and Services 43 3,000 4,300 601.000 Advertising 4,500 1.050 4,760 4,900 254,000 314,740 .3,1S 000 315,000 605.000 Central service charges 330,800 1.056 347,300 364,700 30,7.99 22,036 36,200 50,000 607:000- Cheucat and,lab fees 55,000 1.100 51,800 b0,700 '4,;042; 4,30,x - 3',300' 5,000 6tL000'- Dues and ubscnp'tlons 5;000 1.000 5,300 5,600 ' 75,200 97,140 130 320 - 128 164 613"100 Equipment rental - city 128200 1.000 134,600 1412300' 26 1,158 3,000 600 613.200 Equipment rental - outside 0 0 0 14,176 14,064 15,060 15,000 617.000 ' Insurance 16,500 1.100 17,300 18,200 2,028 1,793 2,000 500 619.000 Licenses and permits 800 i.J00 800 800 27,483• , 21802 .29,900, 26,508 620:000 Maintenance 271800 1.050 29,200 30,100 1,358 395 2;000, 2,000 621.00Q Mlscellanemus; 2,100 2,200 38 679 °41:,.790 47 000 45000 624 600 Professional" Services 25`000 Calculate 26,300_ 27;800 3,560 3,809 2,500 3,000 625.506 Safety Program 3,300 1.100 3,5u0 3,700 2,998 93 1,0OD 10,060 625.700 Watershed Management Program 10,500 1.050 11.000 11,600 25,918 25 918 26,500 25,918 628.000 Purchased water 28,500 1.100 2q,700 31,400 0:1 „ 3,853 3,500 4,000 630.000 Small tools 4,200 1.050 4,400 4,600 6„" .;;7,716 8,480 6ii 636.000° Supplies „-.." 6,900 . 1.050 7,200 7,600 20 000=� 83 956 81 00' 86200 637 '300' Payment in 11eu of franchise�to 99 100 Calculate 108,900 115,600.1 3,251 6,223 5,006 10,000 640.000 Travel and training 10,560 1.050 11,000 11,600 163 437 800 166 641.000 Uniform allowance 200 1.050 1 200 200 47,854 401786 47,000 `4 800 642.000 Utilities 60,306 ' 1.100 63,300 661500 `20,000 Conservatiom tlnrReservorr,:SDC 30;000 Calculate 31,500 :33,100 ------------------------ ----- ----------- ------ _ 561 061' 698 121 788 500 .. 792 756 Total Materials, and Services ' 849,200 896,400 942,700'.: 107.12% 165.507 1GJ.17% Capital Outlay 35,840 14,951 19,510 19,510 703.000 Equipment' 100,000 100,000 100,000 163,531 85,276 22,00+1 22,000 104.000 improvements other than buiidin 100,000 151,600 188,000 7,252 157,800 241790 Treatment 334123 45,700 45,700 Distribution 21,239 38,006 38,066 New Services 110252 !,860,1100 2,1'76,500 Reservoir/SDC/ _ 0 - -`------------------------- ----------- ---------- ------'---- 199,37.1 332,093 2,1431010 2,346,500 Total Capital Outlay 200,000 251 000 288,000 ------------- Z QUALITY FUND WATER QUALITY FUND Option 4 2 Percent IlAease idget\waterprh WATER DIVISION :pd. Dprpmbpr 19. 1222 ------------------------------- ----------- -------------------- ------------------------------ -- -------- ----------- 1CTUAL ACTUAL BUDGETED ESTI-InATED ACCOUNT DESCRIPTION OF PROPOSED FROPOSED PROPOSED 1990-91 1991-92 1992-93 19021-93 CODE REQUIREMENTS 1993-94 1994-95 1995-96 ------------------------------- ----------- -------- ------------------------------------------ ----------- ----------- Debt Service 10,963 16,907 ' J� 1.L 00 5,200 854.000 Assessment Payments 5,200 51200 5,200 10,00(1 10'000 910.410 Transfer to Capital improveaents Fund 38,500 38,500 38,500 38.500 1777 Water Bonds 37,055 36,025 14,780 191,500 191,500 191,500 191,500 1992 Water refunding bonds 21,100 178,600 184,600 30,000 30,000 1992 Water Bonds 0 0 0 910.520 Transfer to GBF'1977 Water Bond 8500 0 0 910.520' Transfer to GBF 1992 Water Bond 6,500 15,000 14,000 ------------------------------- ----------- ----------- ----------- ----------- 250,963 256,907 265,200 265,200 239,355 234,825 239,780 150 920.000 Contingency- ,-------- ----------- -- ----------- ----------- ----------- 644,516 2,475,751 048,740 296,804 940.000 Unappropriated ending fund bala . 313,689 383,401 455,088 ------------------------------- ----------- ----------- ----------- ----------- 411.354 :4,523,849' -------------- ------ --------- ----------- -------- ----------- ------------------------------ ----------- ----------- 4,472,000 4,570,420 TOT I AL REQUIREMENTS 2,517,424 2,726,526 2,934,468 1 QUALITY FUND WATER QUALITY FUND Option 4 22 percent Incdease •,dget\Naterpr6 WATER DIVISION red ' her IQ- 1252 — ---------------------------' ----------- --------- ----------------------------------------- ----------- ----------- a C TO A L ACTUAL BUDGETED ESTIMATED ACCOUNT DESCRIPTION OF PROPOSED PROPOSED PROPOSED i990-91 !991-92 1892-93 1992-93 CODE IS_ 1993-94 !994-95-- --1895-96-- ------------------------------- ----------- -- ---------- - -� �r_s s------------ URCES 657i524 R4798 644,518 420 ODD 49,$20 Unde ignated Fund Balance 296,804 313-687 383.401 0 0 1,680,UOu 2,036,132 Reserved For SOC, Bond Sale 0 825,788 644,518 2,360,000 2,475,9J2 405.000 Working capital carryover 296,804 313,689 383,401 ----------- ----------- ----------- Charges for Seryt"ces in 10. 9,.334 10,000 12„568 - 440.110 A¢ourit Maint ctizrge' " -0` " 0 0 107,815 78,276 100,000 102,160 440.120 First service install 100,0011 105,000 lOJ,000 ,390,262 1,563,632 1,789,000 1,73J,000 440.400 Sales - 2,102,820 1.212 2,283,137 1.086 2,421,261 BS,y02 13f.000 140 368 40,620 Sys Dev Fee Water 0 0 0 _ ,545M7-1,7a7i144- 2,028,000 1,990,096» Total—)later Charges for Serrice2,202;820 2,388;137 2,526,261 32,908 73,098 78,000 67,852 470.000 Interest on Investments 10,000 IJ,000 15,01+0 ----------- ----------- ----------- - - - 6', ..?y064,Q}Z9 5,000 36„520 48r� 000 Niscell'aneous Revenues 8,000' 10.000_ 10.000 ------------------------------- ----------- ----------- ----------- ----------- - - -------------- - - ----------- ---- ----- ------ -- --- ,411,354 `,4,523,849 4,472;000 4,570,420 - ' TOTAL RESOURCES °,517,624 ` 0 ' 2,726,826 0 2;934,668 __________ --------------- --- ___________ '_______ -- - -- - — --- - -- ----- ---- 0 (0) 0 0 0 200 300 200 0.175 FUNDBALANCE CALCULATION . 0:175 .0..175 0.175 341,968 : Target" Fund Balance 388,644: 422,299 446,412 296 804 Actuat Fund'Balante 313689 383401 455,088 ----------- ----------- ----------- ----------- (45,164) (74,RJ5) (38,898) 8,616 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Ashla d City Council will hold a public hearing on Tuesday, December 15, 1992, at 7:30 P.M. in the Council Chambers, 1175 E. Main Stree , regarding the following: 1. P.A. 92-048, request for Comprehensive Plan Map and Zoning . Map %amendments to change the zoning of the area around Ashland Community Hospital from R-2 (multi-family residential) to HC (proposed Health Care zone) . Also included is an amendment to the Land Use Ordinance adopting a new chapter for the HC Zone (18 . 54) and adoption of the Ashland Hospital Master Facilities Plan as a sub-area development plan of the Comprehensive Plan. (Applicant: City of Ashland) 2 . P.A. 92-104, .request for an amendment to the Street Dedication map of the Ashland Comprehensive plan, modifying the existing dedication between Morton Street and Weller Lane on Forest Street. (Applicant: City of Ashland) All interested persons are hereby called upon to express their views at the public hearing. Written comments will also be received until Thursday, December 10 at 5: 00 P.M. at the office of the City Administrator, City Hall, 20 E. Main Street. Nan E. Franklin City Recorder PUBLISH: Daily Tidings December 4, 1992 IPmor and nm OgE00a ,. December 10, 1992 �+II• Brian Almquist, City Administrator r ram: Steven Hall, Public Works Director u�iPt Water Rate Increase Attached is a proposed water rate resolution with two rate schedules as requested by the City Council. The first rate schedule is for the 22% increase as recommended by staff at the previous council meeting. The second rate schedule is for a 20% increase, or a reduction of about $10, 000 in income. The loss of $10, 000 plus a minimum loss of $65,000 from water curtailment will be taken from capital improvements scheduled for the water filter plant. In the water rate structure, an increasing cost block rate is proposed in accordance with the adopted "Water Demand-Side Resource Study" by Synergic Resources Corporation. The report states that the City should "Provide an economic incentive to reduce water consumption through summer rate differentials and increasing block rate structures. " The initial "normal" rate (first block) is based on the water curtailment use limits for Stage 1 water curtailment. This amount is one standard deviation above the average summer use. In effect, this will produce the block rate incentive in the summer when irrigation is at a peak demand. The second block is based on twice the Stage 1 water allotment and the rate is increased approximately 20%. Similarly, the third block is for all water usage above twice the Stage 1 water allotment rate and the rate is increased approximately 20% above the first block increase. sani:�m�ew�wm�.� cc: Jill Turner, Finance Director Paul Nolte, City Attorney John MacLaughlin, Acting Planning Director Dick Wanderscheid, Energy Conservation Coordinator encl: Water Resolution Exhibit "A", 22% Increase Exhibit "A", 20% Increase RESOLUTION NO. 92- A RESOLUTION ADOPTING WATER RATE SCHEDULES PURSUANT TO SECTION 14.04.030 OF THE ASHLAND MUNICIPAL CODE. THE MAYOR AND CITY COUNCIL OF THE CITY OF ASHLAND DO RESOLVE AS FOLLOWS: SECTION 1. The "Water Rate Schedule" marked Exhibit "A" and attached to this Resolution is adopted as the water rates for use and sale of water inside and outside the City limits from the municipal water system. 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 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 4. The rates adopted pursuant to this Resolution shall be effective with water meter readings taken on or after January 1, 1993 . SECTION 5. Resolution 91-48 is repealed on 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 15th day of December, 1992 . Nan E. Franklin, City Recorder SIGNED and APPROVED this day of December, 1992 . Catherine M. Golden, Mayor Reviewed as to form Ftate...Tnerease :....,....:...., . ...:::...........,._.............. Eli II ff "Alt CITY OF ASHLAND, OREGON WATER RATE SCHEDULE RESOLUTION NO. 92- ADOPTED DECEMBER 15� 1992 EFFECTIVE DATE JANUARY 11 1993 All water service provided by the City of Ashland will be in ccordance with Chapter 14 .04 of the Ashland Municipal Code. I. WATER RATES WITHIN THE CITY LIMITS A. BASIC SERVICE CHARGE. The basic service charge applies to all metered water services and does not include any water consumption. 0.75 Inch Meter $ 8.50/month 1 Inch Meter $ 9.20/month 1. 5 Inch Meter $11.50/month 2 Inch Meter $12.20/month 3 Inch Meter $24 .40/month 4 Inch Meter $34.40/month 6 Inch Meter $59. 60/month 8 Inch Meter $80.90/month For condominiums or planned unit developments that are master metered the basic charge will be $8.50 per month per unit. B. WATER CONSUMPTION CHARGE. All customers will be charged the following rates per 100 cubic feet of water used. RESIDENTIAL METERS All sizes $ 1.08 up to 3600 cubic feet All sizes $ 1.30 up to 7200 cubic feet All sizes $ 1.60 over 7200 cubic feet WATER RATES (22%) EXHIBIT "A" . PAGE 2 COMMERCIAL METERS 0.75 Inch Meter $ 1.08 up to 6400 cubic feet 0.75 Inch Meter $ 1.30 up to 12800 cubic feet 0.75 Inch Meter $ 1. 60 over 12800 cubic feet 1 Inch Meter $ 1. 08 up to .9200 cubic feet 1 Inch Meter $ 1. 30 up to 18400 cubic feet 1 Inch Meter $ 1.60 over 18400 cubic feet 1.5 Inch Meter $ 1. 08 up to 23000 cubic feet 1.5 Inch Meter $ 1. 30 up to 46000 cubic feet 1.5 Inch Meter $ 1. 60 over 46000 cubic feet 2 Inch Meter $ 1.08 up to 33000 cubic feet 2 Inch Meter $ 1.30 up to 66000 cubic feet 2 Inch Meter $ 1. 60 over 66000 cubic feet 3 Inch Meter $ 1. 08 up to 43000 cubic feet 3 Inch Meter $ 1.30 up to 86000 cubic feet 3 Inch Meter $ 1.60 over 86000 cubic feet 4 Inch Meter $ 1.08 up to 129000 cubic feet 4 Inch Meter $ 1. 30 up to 258000 cubic feet 4 Inch Meter $ 1. 60 over 258000 cubic feet 6 Inch Meter $ 1.08 up to 221000 cubic feet 6 Inch Meter $ 1.30 up to 442000 cubic feet 6 Inch Meter $ 1. 60 over 442000 cubic feet 8 Inch Meter $ 1. 08 up to 460000 cubic feet 8 Inch Meter $ 1.30 up to 920000 cubic feet 8 Inch Meter $ 1.60 over 920000 cubic feet In condominiums or planned unit developments that are master metered, the total water consumed during a billing period shall be apportioned equally among the active accounts during the same billing period. WATER RATES EXHIBIT "A" (22%) PAGE 3 C. BOOSTER PUMPING CHARGE. A surcharge of $6.40 per month is required where booster pumping is provided by the city within the city limits. D. TID IRRIGATION WATER RATES Unmetered Service $47.00/acre or portion of an acre Metered Service Base Service Charge Same as A, above. Water Consumption $0.18 per 100 cubic feet E. BULK WATER RATE. For water provided on a temporary basis through a bulk meter on a fire hydrant the following charges apply. Deposit*. $690.00 Basic Fee $76. 00/installation Cost of Water Same as 2" Commercial * Deposit is refundable less basic fee, cost of water and any damage to the city meter, valve, wrench and/or hydrant. III. RATES OUTSIDE THE CITY LIMITS A. All rates and charges for water service provided outside the city limits will be 1.5 times the rates for water service provided within the city limits. 2 Rate'. ....WSW EXMIT "All c' CITY OF ASHLAND, OREGON WATER RATE SCHEDULE RESOLUTION NO. 92- ADOPTED DECEMBER 15,1992 EFFECTIVE DATE JANUARY 1, 1993 All water service provided by the City of Ashland will be in accordance with Chapter 14. 04 of the Ashland Municipal Code. I. WATER RATES WITHIN THE CITY LIMITS A. BASIC SERVICE CHARGE. The basic service charge applies to all metered water services and does not include any water consumption. 0.75 Inch Meter $ 8.30/month 1 Inch Meter $ 9. 00/month 1. 5 Inch Meter $11. 30/month 2 Inch Meter $12 .00/month 3 Inch Meter $24 .00/month 4 Inch Meter $33 .90/month 6 Inch Meter $58. 60/month 8 Inch Meter $79. 60/month For condominiums or planned unit developments that are master metered the basic charge will be $8.30 per month per unit. B. WATER CONSUMPTION CHARGE. All customers will be charged the following rates per 100 cubic feet of water used. RESIDENTIAL METERS All sizes $ 1. 06 up to 3600 cubic feet All sizes $ 1.28 up to 7200 cubic feet All sizes $ 1.54 over 7200 cubic feet WATER RATES (20%) EXHIBIT "A" PAGE 2 COMMERCIAL METERS 0.75 Inch Meter $ 1.06 up to 6400 cubic feet 0.75 Inch Meter $ 1.28 up to 12800 cubic feet 0.75 Inch Meter $ 1.54 over 12800 cubic feet 1 Inch Meter $ 1. 06 up to 9200 cubic feet 1 Inch Meter $ 1.28 up to 18400 cubic feet 1 Inch Meter $ 1.54 over '18400 cubic feet 1. 5 Inch Meter $ 1. 06 up to 23000 cubic feet 1.5 Inch Meter $ 1.28 up to 46000 cubic feet 1.5 Inch Meter $ 1.54 over 46000 cubic feet 2 Inch Meter $ 1. 06 up to 33000 cubic feet 2 Inch Meter $ 1.28 up to 66000 cubic feet 2 inch Meter $ 1.54 over 66000 cubic feet 3 Inch Meter $ 1.06 up to 43000 cubic feet 3 Inch Meter $ 1.28 up to 86000 cubic feet 3 Inch Meter $ 1.54 over 86000 cubic feet 4 Inch Meter $ 1.06 up to 129000 cubic feet 4 Inch Meter $ 1.28 up to 258000 cubic feet 4 Inch Meter $ 1.54 over 258000 cubic feet 6 Inch Meter $ 1. 06 up to 221000 cubic feet 6 Inch Meter $ 1.28 up to 442000 cubic feet 6 Inch Meter $ 1.54 over 442000 cubic feet 8 Inch Meter $ 1.06 up to 460000 cubic feet 8 Inch Meter $ 1.28 up to 920000 cubic feet 8 Inch Meter $ 1.54 over 920000 cubic feet In condominiums or planned unit developments that are master metered, the total water consumed during a billing period shall be apportioned equally among the active accounts during the same billing period. WATER RATES (20%) EXHIBIT "A" PAGE 3 C. BOOSTER PUMPING CHARGE. A surcharge of $6. 30 per month is required where booster pumping is provided by the city within the city limits. D. TID IRRIGATION WATER RATES Unmetered Service $46. 00/acre or portion of an acre Metered Service Base Service Charge Same as A, above. Water Consumption $0. 18 per 100 cubic feet E. BULK WATER RATE. For water provided on a temporary basis through a bulk meter on a fire hydrant the following charges apply. Deposit* $680.00 Basic Fee $75.00/installation Cost of Water Same as 2" Commercial * Deposit is refundable less basic fee, cost of water and any damage to the city meter, valve, wrench and/or hydrant. III. RATES OUTSIDE THE CITY LIMITS A. All rates and charges for water service provided outside the city limits will be 1.5 times the rates for water service provided within the city limits. c' CITIZEN PETITION FOR THE REGULAR MEETING OF THE ASHLAND CITY COUNCIL December 1, 1992 As the result of the planned and sizeable increase in sewer fees, and the costs of removing phosphates from effluent, I hereby petition the Council to take the following action: Have drafted, approve and institute an ordinance . banning the use of automatic dishwashing detergents containing phosphates within the City of Ashland. Substantiation for this petition and action was submitted. Carl C_ Oates 776 Glendale Ave. Ashland OR 97520 November 25, 1992 l J 'Ashland Cable Access Channel A Rogue Valley Community Television Service" MEMO TO Mayor Cathy Golden City Council Members City of Ashland FROM Allan Sandler, Chairman —� Ashland Cable Access Channel DATE December 9, 1992 RE Update and Budget Questions Three years ago, on February 1st, the Cable Access Channel went on the air with a hope and a prayer and very little money, but with a group of people who were dedicated to make this one and only channel of its type in Oregon work. • We have elected not to come back and bother you until we felt the , channel had proven itself. Now,--three years .later, we are here to bring you up-to-date and to ask for your consideration to once again help us keep the momentum going. Enclosed is an operating budget for 1993 that needs to be implemented. For three years we have been short of staff and equipment. Use of the channel has grown. . . need for the channel has grown. . . importance of the channel is a fact of life in Southern Oregon. In order to just keep pace, we need to increase our budget by $30, 000. The detailed budget enclosed should be self-explanatory. We ' not only can't afford to drop staff, we need to add one part- time employee and add some needed equipment. The enclosed budget includes our request. In effect, we are asking to maintain one staff person full-time as we have in the past, instead of cutting him to half-time, which we would need to do if we can't facilitate our budget. In addition,' we need one part-time person just to service the volume of requests for use of the channel by the citizens of Ashland and Southern Oregon. 1250 SISKIYOU BLVD. ASHLAND, OREGON 97520-5078 TELEPHONE (503) 552-6395 • FAX (503) 552-6429 c MEMO TO Mayor Cathy Golden, City Council Members _ DATE December 9; 1992 Page -2- In order to provide the necessary funding for this critical need: Should seek a modification to the franchise to add a 2% PEG access charge which is authorized by the new National Cable Act for facilities and equipment. That approximate thirty-nine cents ( . 39) per month would he added to the monthly cable bill and would result in a total of $29, 200. 00 in new resources. We have been talking to the City of Medford about their joining in and having us produce some of their requirements when their new contract is signed with TCI cable and enlarging one of our three available channels to cover the entire Rogue Valley. Medford would fund this out of their 3% PEG access receipts from the Medford cable users which is authorized by their new franchise. We have been granted by the Southern Oregon College Foundation an account called "The Cable Access Capital Fund" #02-450040, which ° will allow us to raise funds through normal fund raising events. The money that would be collected and put into this bank account will not be charged for administrative or other foundation charges. Therefore all monies raised will be 100% available to the ACAC. We produced a survey to see how well we were doing with regard to viewing numbers and viewing appeal and what viewers were watching. This very favorable survey is herewith included. Our existing members are all very active members in addition to their financial support: City of Ashland Southern Oregon State College Ashland Community Hospital Ashland Chamber of Commerce Ashland School District We at the Commission this year are embarking in fund raising and inclusion of other cities in Southern Oregon to increase our quality and extend our service to the whole community. MEMO TO Mayor Cathy Golden, City Council Members -- DATE December 9, 1992 Page -3- We now have come of age and we believe we will be successful in fund raising efforts to do the job of our growth as required in the future. However, we went into this challenge under-financed, but the Commission, staff and partners made it happen. We now are asking you for this minimum request to keep us at strength while we push to grow to keep pace with the demand. RECOMMENDATION: That the City Staff be authorized to seek a modification to the Cable Franchise to include a 2% PEG access fee on all subscribers. PROPOSED BUDGET - ASHLAND CABLE ACCESS CHANNEL JAN 1 , 1993 - DEC 31 , 1993 SALARIES FTE ACAC SOSC IN LIEU PETE BELCASTRO 1 . 0 31 , 000 JOE BRETT 1 . 0 22 ,008 EVENING SUPERVISOR . 375 8 , 250 FLOYD ARBUCKLE . 10 2 , 763 LENNY BOREN . 05 856 CHARLOTTE CROWSON . 10 3 , 225 APRIL KOCH . 05 1 , 042 TIM SHOVE 25 9 , 702 OTHER PAYROLL EXPENSES (FRINGE BENEFITS) . 21 , 440 6 , 866 STUDENT WAGE 4 , 500 STUDENT OPE OPE . 021 94 FACILITIES & EQUIPMENT* j RENT 4 , 800 HEAT ( . 15 / SQ . FT. ) 409 ELECTRIC ( . 84 / SQ . FT. ) 2 , 292 JANITORIAL ( . 94 / SQ. FT. ) 2 , 564 EQUIPMENT REPLACEMENT FUND 7 , 500 7 , 500 EQUIPMENT PURCHASES 5 , 000 OPERATING EXPENSES TELEPHONE 283 283 VEHICLE 300 300 POSTAGE 520 SERVICES & SUPPLIES (INCLUDING EQUIPMENT 1 , 900 VIDEOTAPES MAINTENANCE) 900 OMNIMUSIC LIBRARY 1 , 200 PROFESSIONAL TRAVEL 1 , 200 TOTAL $ 1105 , 575 $ 43 , 122 INCOME I I: CITY $58 , 400 ' COLLEGE 10 , 000 *t (Plus $43,122 SOSC IN LIEU) HOSPITAL 10 ,000 ' CHAMBER 10 , 000 SCHOOL DIST 10 , 000 .INCOME 7 , 175 TOTAL INCOME $ 105 , 575 TOTAL EXPENDITURES 105 , 575 A Study to Determine the Perceived Value of the Ashland Cable Access Television Channel. Within the City of Ashland Prepared For: Pete Belcastro Director, Ashland Cable Access Submitted By: Mike Webber Dan Mandell Mark Phillipp BA428 Dr. John Laughlin Spring 1992 t EXECUTIVE SUMMARY t After careful deliberation and organization, the research group conducted a telephone survey to determine the relative importance of the Ashland Cable Access Channel in the community of Ashland, Oregon. This report will introduce a background and need for this type of study, state the problem facing the Ashland Cable Access Channel, and define relative terms used throughout this report. Also covered will be the design of the study and the findings on which the group based its conclusions and recommendations. Major emphasis was placed on the design of the study detailing the selection of the sample population and sample size, the construction and validation of the questionnaire, and the methods used to administer the telephone survey. The design of the study was the foundation on which the group constructed the remainder of thetstudy. i SECTION ONE . . . . . . . . . . . . . . . . . . .•. . . . . . . . . . . . . . . . . . . . . . I I INTRODUCTION, I Background and Need for the Study . . . . . . . . . . . . . . . . . . . . . I Statement of the Problem 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . Definitions of Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 SECTION TWO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 REVIEW OF RELATED LITERATURE AND INTERVIEWS SECTION THREE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 DESIGN OF THE STUDY Selection of Population and Sample Size . . . . . . . . . . . . . . . . . . S Process of Random Selection . . . . . . . . . . . . . . . . . . . . . . . . . 6 Construction of Questionnaire . . . . . . . . . . . . . . . . . . . . . . . . 7 Validation of the Questionnaire . . . . . . . . . . . . . . . . . . . . . . . 8 Administration of the Questionnaire . . . . . . . . . . . . . . . . . . . . . 8 SECTION FOUR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 FINDINGS OF THE STUDY SECTION FIVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 CONCLUSIONS AND RECOMMENDATIONS Conclusions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Recommendations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 BIBLIOGRAPHY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 APPENDIX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 t SECTION ONE t INTRODUCTION: Background and Need for the Studv Ashland Cable Access (ACA) Television Channel is a public broadcasting service accessible to the general population and received by subscription to basic cable service. Citizens may use the ACA to produce and broadcast their own private television shows to the general public. In addition, the ACA produces and broadcasts its own public interest television shows on topics such as city council and planning commission meetings, college performances and lectures, local high school and college sports programs, health programming by the local community hospital, and tourism promotion programs. Public access cable television channels have shown enormous popularity and growth in the past five years. Several channels in larger cities have been forced by viewer demand to expand their services in order to accommodate the diverse needs of the viewing audience (AI, pgs. 3-4). For many years cable access companies had no idea how many of the local cable subscribers were tuning in to theirpublic access channels (A2,pg. 19). However, in the last five years, several surveys have been completed across the country to provide a benchmark against which cable companies may compare the results of their own surveys. At this time, the Ashland Cable Access channel is considering expanding from one c hannel to three and the managing p artners require in f ormation concernin g viewer knowledge, interests, and viewing habits from the citizens of the Ashland area in order to decide whether to allocate funding for the expansion. 1 ' Statement of the Problem ' The research group conducted a telephone survey of citizens within the City of� Ashland during the last week of May 1992 for Pete Belcastro, director of the Ashland Cable Access (ACA) Television Channel. The purpose of this survey was to provide the partners of the ACA with information on which they may base future programming Idecisions for the channel. The group relied on a random selection of 482 and 488 telephone prefixes to distribute a telephone survey to determine the relative importance Iof the cable channel within the community as well as the viewing patterns of the sample Ipopulation. Definitions of Terms IACA: Ashland Cable Access television channel, a public broadcasting service Iaccessible to the general population and received by subscription to basic Icable service. M. The local cable television service for the Rogue %%ley. Channel Surfing: Rapidly flipping through the television channels. I I i 2 1 t SECTION TWO t I REVIEW OF RELATED LITERATURE AND INTERVIEWS: Several surveys have been conducted in large Oregon cities in the past five years, and a summary of their findings follow: IL Portland Cable Access TV Needs Assessment, 1988 - a telephone survey of 200 cable Isubscribers of Rogers Cable System. The average cable viewer tunes to community access programming 1.4 hours per month, out of an average of 78.4 hours of monthly TV Iwatching. 34% claim they have never heard of community access TV, while 36% are Iaware of community access TV and had seen a cable access program. 72% of the respondents selected the cable access channel by channel surfing (A3, pgs. 3-4). 2.PCA Government Access TV Survey, Portland Metropolitan Area, 1989 - telephone Iinterviews with 25 members of the National Association of Telecommunications Officers & Administrators (7VA70A). Penetration of the viewing public by government access programming appears to be relatively low, and stations have very little or no documentation of viewership. the most popular programs were found to be local official Iproceedings such as City Council meetings and local news programs as well as coverage of local issues (A3, pgs. 4-5). 3.Multnomah Cable Access Community Needs Survey, 1990 - a telephone survey of 400 cable subscribers of Paragon Cable Service Company. 83% of the respondents were aware that Multnomah Cable Access provides programming on Paragon Cable, and 45% had viewed the cable access channel.in the last six months (A3, pg. 5). 3 4.Multnomah Community Television Community Needs Survey, Phase Two, 1991 - A second telephone survey of 203 cable subscribers taken six months after the is°,itial survey. Awareness of the Multnomah Cable Access programming remained high at 84%; viewing was 40%, within the margin of error. 42% of viewers discovered the access programming by channel surfing (A3, pg. 6). S. Cable Regulatory Commission Cable Company Evaluation, Portland, 1991 A telephone survey of 600 subscribers, 300 from 7C1 Cable Company's franchise area and 300 from the Paragon Service Area. The typical 7CI viewer watched an average of 17 hours of TV per week, up from 12 in 1989. Paragon viewers watched an average of 19 hours per week, up from 13 in 1989 (A3, pg. 6). Several other surveys conducted in other states were also reviewed by the research group. The general consensus was that viewers living in larger cities (those with populations greater than 100,000) were less likely to watch community access channels than viewers living in smaller communities. A survey conducted by Western Attitudes for the Access Evaluation Committee of Columbia Cable of Oregon, which administers the Malatin %Iley Community Access television channel, was used as the primary source for conducting this survey. The research group used much of the information contained in Western Attitudes Survey Report to assist in constructing and conducting this survey. 4 ' t SECTION THREE t ' DESIGN 01F THE STUDY• Selection of Population and Sample Size The research group chose citizens residing in and around the city of Ashland as ' the population from which a sample would be randomly selected for this survey. The ' minimum sample size selected for this survey was chosen through the use of a formula developed by the National Education Association: ' X2xNxP(1-P) ' n = d2(N-1) + X2P(1-P) N = The population size. n = The required minimum sample size. ' P = The population proportion which it is desired to estimate (assumed to be ' .50 since this would provide the maximum sample size). d = The degree of accuracy expressed as a proportion (05). ' X2 = The table value of chi-square for 1 degree of freedom at the desired (90%) confidence level (2.706). t ' (2.706) x (16.000) x (5)(5) (.05)2(16,000) + (2.706) x (5)(5) = 267 ' (Minimum Sample Needed) 5 i IProcess of Random Selection IThere are three telephone prefixes used in the city of Ashland: 482, 488, and 552. The research group chose to use only the 482 and 488 telephone numbers as the 552 Iprefix is only used by university offices and dormitory telephones. The research group Iused the Handbook of Mathematical Scientific and Engineering Formulas Tables Functions. Graphs and Transforms as a source of randomly selected five-digit numbers for the telephone suffixes. The group read down the columns of numbers and chose the first four digits of the five digit groupings to use as the suffix for the seven-digit phone numbers in Ashland (e.g. 482-5476). In order to obtain an equally distributed number of 482 and 488 numbers with a randomly selected suffix, the research group used Polk s Ashland City Director,for 1991. The blue section of this directory is called the Numerical Telephone Directory where the last four digits of each 482 and 488 number is listed in a counting numerical sequence: The resulting list of names and numbers were those of residents only. Businesses were not used in this survey to avoid a possible conflict where respondents might be called once at home and again at work. The four digit numbers randomly selected from the columns in the handbook were used in two ways: Example: Number chosen from the table = #5416 : Method 1 > The number was found in the directory and the name, address and telephone number were recorded. 6. Method 2 > If Method 1 was, unable to locate a name and number, the 5400 C section was chosen from the directory and the 16th phone number was chosen. If neither method was successful in generating a randomly generated number,-the next number in the table was processed using Method 1 or Method 2. Construction of Questionnaire The research group decided that a short telephone survey would be the most expedient and accurate method for gathering responses from the residents of Ashland. A decision was made to ask all the survey questions only to cable subscribers; if a frespondent did not have cable and answered "no" to Question One, then they were not ' asked questions deemed answerable only by someone who subscribes to cable television; instead, they were only asked Questions Two, Seven, and Eight. Whenever possible, questions were structured on a scale system for accuracy, and the only questions included Iwith a yes or no answer were qualifying questions asked at the beginning of the survey. IWidation of the Questionnaire The survey questionnaire was presented by Pete BelCastro and revised by the research group. Dr. John Laughlin, the supervising instructor of the research group at ISouthern Oregon State College, reviewed the questionnaire, as did Pete Belcastro, Director of the Ashland Cable Access Channel, Southern Oregon State College, and Dr. Thomas Hitzelberger, a marketing professor at Southern Oregon State College. All three Iacknowledged that they were satisfied with the survey's construction and content. I I 7 i Administration of the Questionnaire Telephone calls to the randomly selected numbers were made by the research group between the hours of 6 and 9 pm Tuesday, Wednesday, and Thursday evening May 26 - 28, 1992. Each of the three research team members called a total of 115 numbers each, with the results recorded on separate survey forms. Perhaps due to the NBA playoffs being conducted during the evening hours this week, the group received.many no answers and answering machines. These numbers were marked on the master telephone list and were called back the following evening. The group conferred after the initial ten calls were made by each member to discuss the results so far. The low response rate was a concern, but the group decided that the master telephone list of 350 numbers would result in enough responses to reach the group's goal of a 267 member sample population. No changes were made in the opening statement other than mentioning that the group members were students at Southern Oregon State College. This was done to assure the respondents that this was not a telephone sales call. The vast majority of respondents were very helpful and didn't seem to mind being interrupted at home. The group as a whole received no more than ten hang-ups and very few refusals. 8 M t SECTION FOUR t FINDINGS OF THE STUDY.• � 350 telephone calls were made by the group, resulting in 207 responses_ The survey results follow: Question One: Are you a current subscriber to cable television services?. RESPONSES PERCENT ' YES 128 61.9 ' NO 79 38.1 fQuestion Two: Have you ever heard of the Ashland Cable Access Channel located on M Cablevision Channel 9? f ' RESPONSES PERCENT f YES 167 80.9 NO 40 19.1 I I 9 i A cross-tabulation of cable subscribers vs non-cable subscribers in Question Dvo produced the followi:tg responses: ' SUBSCRIBERS NON-SUBSCRIBERS I RESP % RESP % I YES 95 74.0 73 92.2 I NO 33 260 6 78 IQuestion Three (Cable Subscribers Only): How many times have you watched IAshland Cable Access programs during the past two months? RESPONSES PERCENT 0 41 31. 7 1 - 5 58 45.2 6 - 10 20 15.4 11 - 15 5 3.8 16 - 20 2 1.9 20+ 2 1.9 1 10 J If "0", How many times have you watched in the past year? RESPONSES PERCENT - 0 24 57. 7 1 - 5 15 363 6 - 10 1 3.0 11 - 15 1 3.0 16 - 20 0 0 20+ 0 0 Question Four ( Cable Subscribers Only): In an average month, about how many hours of cable access television would you say you watch? RESPONSES PERCENT LESS THAN 1.5 HRS 86 673 MORE THAN 1.5 HRS 42 32. 7 11 i Question Five (Cable Subscribers Only): Have you seen any of the following programs c h Ashland Cable Access Channel? RESP PERCENT City Council & Planning Commission Meetings 84 65.4 Performances or Lectures form SOSC 49 38.5 Ashland High or SOSC Sporiscoaches Programs 23 18.3 Health Programming from Ashland Community Hospital 15 11.5 Programs made by citizens and community organizations 52 40.4 Wcome to Ashland tourism promotion programs 41 31. 7 Question Six (Cable Subscribers Only): How do you find out what programs are on the Ashland Cable Access Channel? RESP PERCENT Medford Mail Tribune, Tempo, Daily TV log 9 67 Ashland Daily Tidings, Revels, Daily TV log 44 34.6 TCI Cable listings 1 1.0 Channel Surfing (flipping through the channels) 66 50.9 Other 1 1.0 12 i IQuestion Seven (all respondents): On a scale of l to 7, I being lowest, how important do you think it is to have a local community access channel available to show programs about activities, events, and issues in Ashland? - RESPONSES PER 1 2 1.2 2 11 5.3 3 12 5.9 4 12 5.9 5 50 23.8 6 59 28.6 7 61 29.2 13 Question Eight (all respondents): What types of programming do you think would be the most valuable to the community? RESP PERCENT Coverage of Ashland City Council and Planning 43.4 Commission Meetings 90 Coverage of Jackson County commissioner 44.0 meetings and public hearings 91 Education programs from Ashland School Districts 85 41.1 Locally produced religious programs 14 6.5 Ashland High School and SOSC Sports and 47 22.6 coaches programs. Health information programs from Ashland 31 14.9 Community Hospital Programs on business and business development 27 13.1 Locally produced Hispanic language programs 14 65 Programming for tourists 44 21.4 Other 103 50.0 14 i IQuestion Nine: Gender? I I RESPONSES PERCENT - I MALE 101 48.8 FEMALE 106 51.2 t SECTION FIVE t CONCLUSIONS AND RECOMMENDATIONS: Conclusions ' The purpose of this survey was to get an insight as to how the citizens of Ashland view the importance of their local Ashland Cable Access Company and take a sample of the viewing habits of cable subscribers. The group found that less than 213 of respondents had cable, or 61.9%. Out of all respondents, awareness was high; 81% had heard of the Ashland Cable Access channel. This compares favorably with the Multnomah.Community Television Needs Survey, where a survey of 203 cable subscribers resulted in an awareness rate of 84%. Interestingly, more non-subscribers were aware of the ACA than were subscribers: 92% of non-subscribers had heard of the ACA while only 74% of subscribers had heard of the channel. The group suspects that this might be due to the fact that many non-cable subscribers were previous subscribers who may have seen the ACA in the past but had elected not to continue their cable subscriptions. 15 i IAlmost half of the respondents had watched ACA programming one to five times in the past two months. 32% had not watched any ACA programming in the past two months; of these respondents, 58% had not watched any programming in the last year and 36 % had watched one to five programs in the past years. Two-thirds of the frespondents watched less than 1.5 hours of ACA programming per month, and, 33% Iwatched more than 1.5 hours per month. The most watched programs appeared to be City Council & Planning Commission meetings, with 65% of the respondents saying they had seen these shows on the ACA channel. Performances from the college and programs made by citizens and community organizations were also popular with 40% of the sample population responding that they had seen these shows. Only 11.5% of the respondents had seen the Health programming from Ashland Community Hospital, possibly indicating a lack of awareness about this program. Half of the respondents find ACA programs by channel surfing, which corresponds with the findings of other cable access surveys that have been conducted in the past. 34% found a listing of the ACA programming through the Ashland Daily Tidings, while only 1% use the M cable listings and only 6% use the Mail Tribune. Overall the community rated the ACA as an important service for the community. 81.6% of the sample population, on a scale from 1 to 7 with I being the lowest, rated the ACA between a 5 and a 7 Even those who don't watch the station on a regular basis still viewed the channel as an important contribution to the community. When asked what programming would be the most valuable to the community, 40% of the sample population 16 thought the City Council and Planning Commission meetings, the Jackson County commissioner meetings and public hearings, and education programs from the Ashland School Districts were valuable. 20% of the respondents would like to see sports programs ' from the college and local schools and programming for tourists. Only 6% thought that religious programs and Hispanic language programs would be of value. 50% of the Isample population mentioned that they would like to see more arts and cultural programming as well as more information on local events. Several respondents also mentioned that instead of having the entire City Council and Planning Commission meetings broadcasted in their entirety, a summary of the results would be beneficial. The survey respondents were equally split between males and females, with 49% male and 51% female. Overall, awareness of the ACA is high, mirroring other survey results from communities of a similar size to Ashland. A majority of the sample population views the ACA as a valuable service for the community, and they watch City Council and Planning Commission meetings most often. The survey respondents would like to see more programs on local events and art and cultural subjects. Recommendations The group suggests that future telephone surveys be conducted during a time when major sports events involving local teams are not being aired during the projected time for the interviewing process. This would probably result in a higher response rate because more people would be home to answer their phone. Another suggestion from the group 17 would be to design and conduct future surveys for cable subscribers only, as they provided the majority of responses on viewing habits. Another suggestion is to conduct the survey for all viewers of the ACA, including members of the community outside of Ashland who might provide a more detailed analysis of the sample population's viewing patterns. The group suggests that future surveys be conducted at the same time of the evening and on the same days as this survey. The group recommends that the ACA seriously considers adapting their programming to include some of the local an and cultural events as well as programs focusing on local events such as new land developments, happenings around the city of Ashland, and perhaps a weekly schedule of events within the city. For the shows that have a low viewership,perhaps more advertising and promotional campaigns would help inform the community about the availability and the content of these programs. Since channel surfing seems to be the most common method for finding ACA programming,perhaps more attention should be directed towards the placement of advertising for the channel. Perhaps more advertising could be done in the Ashland Daily Tidings as opposed to the Mail Tribune. 18 f BIBLIOGRAPHY t 1. The Survey Research Handbook. Alreck & Settle, Irwin Publishing Co., 1985.- . 2. The Access Manager's Handbook. Robert S. Oringel & Sue Miller-Buske, Focal Press, 1987 3. Handbook for Producing Educational and Public Access Programs for Cable Television Rudy Bretz, the Rand Corporation, Educational Technology Publications, 1976. 4. Handbook for Mathematical Scientific. and Engineering Formulas Tables Functions Graphs and Trav*rm Research and Education Association, 1984. 5. Polk's Ashland City Directory. 1991, R.L. Polk & Co., 1991. 6 Community Access Television Viewer/User Survey Western Attitudes Inc., 1991. 19 I f APPENDIX t Survey Questionnaire for the Ashland Cable Access Channel: Hello, this is calling from Southern Oregon State College. Don't worry, this isn't a sales call; we're calling to find out what the citizens of Ashland think about their local cable access channel. Do you have about five minutes to share your views with us? 1. Are you a current subscriber to cable television services? Yes No 2. Have you ever heard of the Ashland Cable Access Channel located on M Cablevision Channel 9? Yes No IF YES: 3. How many times have you watched Ashland Cable Access programs during the past 2 months? (We answer) 0 1-5 6-10 11-15 16-2020+ IF "0", How many times have you watched in the past year? 0 1-5 6-10 11-15 16-2020+ IF YES: 4. In an average month, about how many hours of cable access television would you say you watch? Less than 1.S hours per month More than 1.5 hours per month 20 I I� IF YES: S. Have you seen any of the following programs on Ashland Cable Access Channel? — Ashland City Council or Planning Commission Meetings Performances or Lectures from Southern Oregon State College Ashland High or SOSC SportsCoaches Programs Health programming from Ashland Community Hospital — Programs made by citizens and community organizations Welcome to Ashland tourism promotion programs IF YES: 6 How do you find out what programs are on Ashland Cable Access Channel? Medford Mail Tribune, Tempo, Daily TV log Ashland Daily Tidings, Revels, Daily TV log 7L7 Cable listings — 'Kbrd of Mouth Channel Surfing (flipping through the channels) Other 7 On a scale of 1 to 7, 1 being lowest, how important do you think it is to have a local community access channel available to show programs about activities, events, and issues in Ashland? 1 2 3 4 5 6 7 21 i I8. What types ofprogramming do you think would be the most valuable to the community? (We answer) I c Coverage of Ashland City Council and planning commission meetings. ICoverage of Jackson County commissioner meetings and public hearings. IEducation programs from Ashland School Districts. Locally produced religious programs. I _ Ashland High School and SOSC Sports and coaches programs. IHealth information programs from Ashland Community Hospital. IPrograms on business and business development. Locally produced Hispanic language programs. I _ Programming for tourists. I _ Other I9. Gender (Don't Ask) IMale _ Female I I 1 1 I I 22 November 30, 1992 M E M O R A N D U M TO: Honorable Mayor & City Council FROM: Brian L. Almquist, City Administrator SUBJECT: Monthly Report - November 1992 The following is a report of my principal activities for the past month, and a status report on the various City projects and Council goals for 1992. I. PRINCIPAL ACTIVITIES: 1. Attended meeting in Salem with Dick Wandersheid to present a proposed inter-utility conservation funding proposal to BPA. 2. Attended JACNET meeting with Chief Brown and other City Administrators. I attend occasionally to keep abreast of their activities on our behalf. 3. Attended annual meeting of the League of Oregon Cities in Portland. While at the meeting, Steve Hall and I met with other cities who are facing similar TMDL standards. Later met with DEQ officials and reps from these other cities to discuss problems we identified in working with DEQ and coordinating with other State agencies. . 4. Attended four meetings .of the Budget Committee to review departmental reports and policy alternatives. 5. Met with architect representing new owner of Sentry market on Oak Street to review plans for remodeling entire block. They are requesting that the City allow them to form an LID for sidewalks, pedestrian amenities, decorative street lights, and undergrounding of utilities. They will present a written proposal soon. 6. Met with Paul Nolte to discuss formation of an LID for improvements to railroad subdivision on A Street. We will request a performance bond to insure our engineering costs can be recovered if the subdivision is not completed. 7. Met with Dave Donaldson, who is assisting' us with our recruitment for Planning Director to develop profile for the position. t 8. Met with Ken Mickelson,, Keith Woodley and Pam Barlow to develop plan to complete projects this Winter in forest interface. Parks agreed to provide supervision and City will expend $20, 000 this year for projects recommended by McCormick. Two more similar expenditures will be required over the next two years to complete the program. Parks will then accept dedication for future maintenance. - 9. Attended monthly meeting of Cable Access Commission to develop budget for 1993-94 . . 10. Attended Council study session with DEQ on Wetlands. 11. Met with Cable Access chairman Allan Sandler to discuss Commission's proposed 2% facilities fee authorized by National Cable Act. Allan will make proposal to Council on December 15. 12 . Met with Moore & Breithaupt to finalize scope of Cost of Service study. They spent several days with each department gathering data. The study should be completed by about March 1. 13 . Met with Henry Richter, a communications consultant, regarding a study we are doing on our 911 communications center. 14. Met with newly elected Councillor Steve Hauck for orientation and to provide background on current city issues and projects. 15. Met with Andre Allen, Sabra Hoffman, Mayor, Councillor Winthrop and Jill Turner to discuss process for final meetings of Budget Committee. 16. Met with Alan DeBoer, who purchased hangers at Airport to discuss transfer and resolution of delinquent payments of former owner. 17. Mayor Golden and I met with County Library officials and Friends of Ashland Library to discuss proposed expansion of Ashland Branch and fundraising possibilities. 18. Was interviewed by George Holman of The Gazette regarding current issues facing Ashland for an upcoming feature story. 19. City Attorney Nolte and I met Bob Broeder of Knight's Inn regarding annexation and dispute about motel taxes paid on units determined to be outside of City. . 20. Met with Hal Cloer, representing LWV regarding conflicts between two proposals coming to Council on Open Space funding. 21. Participated in monthly Town Hall program at Ashland Cable Access with Councillor Greg Williams. 22 . Met with David Shaw of Artbeat, and Tim Cusick of Old Ashland Armory regarding City administration of $70, 000 Lottery grant to Artbeat for building improvements. c STATUS OF VARIOUS CITY PROJECTS: 1. Electric Substation. BPA has selected the site on-the North side of the RR tracks, East of Mountain Avenue, owned by Jessie Hodgins. Mrs. Hodgins and her neighbors have hired Attorney Dan Harris who filed a lawsuit under NEPA to prevent the acquisition and to suggest alternative sites. BPA will provide a temporary mobile transformer to meet this Winter's load. I am still working with Harris to see if we can accommodate it on the East end of the City Yard and replace our lost storage space. 2 . Downtown Proiect. Completed, except for remaining island for Holiday tree in front of City Hall. Work has been delayed until January and will take about thirty days to complete. - 3 . Northwest Water Project. Construction on the pipeline is now complete. Plans and Specs for the reservoir on Hitt Road are nearing completion and should be ready to go to bid soon. 4. Open Space Program. Council will consider which of two proposals to place on March 23 ballot at its December 15 meeting. 5. Digester Roof. Construction is underway and is scheduled to be completed by the first of the year. 6. Tolman Traffic Signal. The bid has been awarded and construction should begin in mid-January. Completion is still expected around the first part of April. 7. Wetlands Study. Proposals for the study are due by December 4. A consultant selection committee has been formed by the Mayor to review proposals within the next two weeks. DEQ has approved our request for an extension of the Facilities Plan due date to July 1, 1993. 8. Forest Fire Management Project. Parks has agreed to supervise project work recommended by McCormick & Assoc. Specifications for the work have been developed with the assistance of the Ashland Ranger District. Bids are now being solicited. Work must be completed this Winter due to possible continuing drought conditions. 9. Capital Improvement Plan. The draft plan should be available before the end of December. III. STATUS OF COUNCIL GOALS: A quarterly report was presented at the October 20 Council meeting. The next report will be prepared in January. Brian L. Almquist - City Administrator BA:ba pp JACKSON COUNTY, OREGON OSEPHAL.STRAHL,DIRECTORKS ,II�II 200 ANTELOPE ROAD WHITE CITY,OREGON 97503 (503)826-3122 or(503)776-7288 . FAX:(503)826.1655 December 4 , 1992 Brian Almquist, Administrator City of Ashland City Hall Ashland, Oregon 97520 Dear Brian: Over the last few years Jackson County has acquired three properties inside the Ashland city limits for inclusion in the Greenway program. I think you are probably aware of these parcels as the City of Ashland contributed to the purchase of all three. To refresh your memory the properties are: 1. 72 acres from Harold Hardesty purchased at the same time the City acquired the roadway into the sewage treatment plant. 5 . 12 acres located between No. Mountain Avenue and Nevada Street purchased from Clinton Phelps. 2 . 21 acres upstream from the former Nevada Street bridge site. In the past the former Wade, Senior Investments, and Bryant/Jones properties have been transferred to, and accepted by, the City on the condition that the .land be utilized in perpetuity for public park or open space purposes. If you feel the City of Ashland would be willing to consider accepting title to the parcels described above, please send me a note and I will prepare a recommendation for the County Administrator to process. Please call me at 776-7268 if you have questions. Sincerely, Karen S. Smith Special Projects Coordinator cc: Joe Strahl, Public Works/Parks Director Dale Petrasek, County Engineer : s.:. . _ Memorandum A o December 10, 1992 RECD T.: Brian Almquist, City Administrator Aram Steven Hall, Public Works Director �ub;e& Sewer Service Outside Urban Growth Boundary ACTION REQUESTED City Council review documentation and direct staff: 1. to pursue revision to Ashland Municipal Code or, 2 . do nothing. BACKGROUND Councilor Acklin requested a recommendation from staff on potential ways of serving homes which exist outside the Ashland Urban Growth Boundary with failing septic tanks. The issue sited is that of public health and potential groundwater contamination. CURRENT CODE Attached is the full text of AMC 14 . 08. 030. DISCUSSION Generally, the philosophy behind limiting urban services to city limits or urban growth boundaries (UGBs) is to discourage urban development outside of UGBs. The use of wells and septic tanks has limited growth outside of UGBs because of the separation required between septic tanks and wells and the land required for septic tanks or drain fields. The other side of the coin is the health and groundwater contamination issue. Septic tanks and drain fields do provide a safe method of disposing of waste until they begin to fail. There is often a relatively long period of time between when a system begins to lose efficiency and total failure. During that period of time, partially treated wastes can leach into the soil or surface on the ground. If Ashland allows connection to city sewers outside of the urban growth boundary, several issues should be considered: 1. Is this a policy that the City of Ashland wishes to endorse? 2 . What is the cost of maintaining the system which will generally serve a 'sparsely populated area? Low flows equate to higher maintenance. 3 . If there are outstanding bond issues paid for by taxes; the service receivers outside of the city limits and/or urban growth boundary will not pay their fare share of the costs. In that case, should there be an equivalent surcharge to the rates in addition to the outside service charge of two times the inside rate? The improvements to the wastewater plant is a prime example. _ 4 . If a distance outside the city limits for service were set at 500 feet, would a precedent be set for a request to go "just a little bit further"? 5. Does the public health issue outweigh the current policy of no service outside of the UGB? 6. Does the rebuilding of an existing septic tank extend the potential of health and ground contamination issues? RECOMMENDED OPTION If the Council decides that it is in the best interests of the city of Ashland to provide sanitary sewer service outside of the UGB, staff requests the following issues be addressed: How far outside of the UGB should service be extended? Staff suggests 500 feet. 500 feet is about two city blocks and the normal spacing of manholes. Should the rate structure reflect any extraordinary maintenance costs or future bond issues that may be on tax rate rather than sewer rate? New homes should not be allowed to connect to city sanitary sewers. Should a limit of July 1, 1973 be included as currently exists for connection to sanitary sewer? (Home or building must have existed before July 1, 1973) Should higher SDC's be charged for those allowed to connect that are outside of the UGB? The cost of construction of sewer facilities will be at the sole expense of the petitioner for sanitary sewer. No refunds will be paid back to the builder of the sanitary sewer line. Note: The city cannot form a local improvement district outside of the city limits. EXISTING ORDINANCE I am also suggesting some changes to the existing AMC for connection outside of the city. The title would have to be changed to _Connection - Outside City Inside Urban Growth Boundary. Paragraph A. and paragraph H:3 . , references to "systems development annexation charge" which do not exist should be deleted. Paragraph B references to buildings constructed before July 1, 1973. I am not sure of the history behind this date, but it might be better to change it to 1115 years prior to date of request for sanitary sewer service" or similar wording_ Revise section F.. and H.4. to read "applicable systems development charges" rather than "wastewater treatment plant systems development charges" to match. current SDC requirements. I do not know the history behind paragraph H.S. and suggest that it be deleted. Electric service and sewer service are not interrelated. encl: AMC 14.08. 030 U Public Utilities Chapter 14 .02 14. 08.030 Connection - Outside Citv. Premises located outside the City of Ashland may be connected to the sewer system when such connection is determined by the Ashland City Council to be in the best interest of the City of Ashland and to not be detrimental to the City's sewage facilities, and such connection shall be on such terms as are set forth herein, or as may be modified or added to by the Ashland City Council: IA. That the applicant for service pay the connection fee as set forth in Section 14. 08. 025 hereof, plus the systems development annexation charge set forth in Section 4. 16. 010. The latter sum is in part to compensate the City for the cost of the existing sewer system and treatment facilities and which sum shall be placed in the Capital Improvements Fund for sewer system improvements. (Ord. 1954 S3, 1978; Ord. 2019 S3 , 1979; Ord. 2092 S3 , 1980; Ord. 2147 Sl, S2, 1981; Ord. 2263 S3, 1983; Ord. 2316 S3, 1984; Ord. 2322 Sl, 1984; Ord. 2449 S3, 1988) B. Be for the use and benefit of dwellings and buildings completed and existing on July 1, 1973. In the event dwellings or buildings are connected in accord with this section and are subsequently replaced for any reason, then the replacement . building or dwelling may continue to be connected to the sewer system of the City as long as the use of the sewer system will not be substantially increased, in the opinion of the, Director of Public Works. C. There is a presently existing sewer main or line to which the premises can be connected in accord with the monthly rate schedules on file in the office of the City Recorder. (Ord. 1820, 1974) D. Furnish to the City a consent to the annexation of the land, signed by the owners of record and notarized so that it may be recorded by the City and binding on future owners of the land. Said consent shall also provide for payment to the City at the time of annexation any balance due for the Systems Development Annexation Charge set forth in Section 4 . 16.010 after the application of subsection A, above. Further, it shall provide for the payment to the City by the owners, at the time of annexation, of an amount equal to the current assessment for liabilities and indebtedness previously contracted by a public service district, such as Jackson County Fire District No. 5, multiplied by the number of years remaining on such indebtedness, so that the land may be withdrawn .from such public service districts in accord with ORS 222 .520 at no present or future expense to the City. (Ord. 1820, 1974; Ord. 2147 S2, 1981; Ord. 2314 S2, 1984; Ord. 2322 S1, 1984) E. That the owner execute a deed restriction preventing the partitioning or subdivision of the land prior to its annexation to the City. F. That the owner agrees to pay the Wastewater Treatment Title 14 Page 4 0 Public Utilities Chapter 14 .02 `. Plant Systems Charges set forth in Section 4 .20. 030 upon and concurrent with application for sewer service. G. That the land is within the Urban Growth Boundary. (Ord. 2322 S2 , 1984) _ H. New single family dwellings may also be connected to the City's sewage system subject to the above provisions, except item B, and the following supplemental conditions: 1. That the owner execute a deed restriction preventing the partitioning or subdivision of the land prior to its annexation to the City. 2. That the land is not contiguous to the present City limits, but is within the Urban Growth Boundary. 3. That the owner agrees to pay the Systems Development Annexation Charge set forth in Chapter 4. 16 upon application for sewer service. In such cases, only the regular sewer connect fee shall be charged, rather than the outside City sewer connect fee. 4. That the owner agrees to pay the Wastewater Treatment Plan Systems Charge set forth in Section 4 . 20. 030 upon and concurrent with application for sewer service. 5. That electric service is available from existing City distribution lines. 6. That the City Council finds that the sewer connection is in the best interests of the City. (Ord. 2297, 1984) Title 14 Page 5 ° Aemorandnm O4EOOd . December 3, 1992 ��• Brian Almquist, City Administrator ram: Steven Hall, Public Works Director pSAO,& Council Liaison-TRADCO & Wastewater Plant ACTION REQUESTED Mayor and City Council appoint council representatives to Transportation Advocacy Committee (TRADCO) and liaison to wastewater plant TMDL study. BACKGROUND Greg Williams has served as council representative in each of these areas. With his "retirement at the end of the month, it is important that these two positions be filled. TRADCO I have included a copy of the Council Resolution endorsing this important committee plus a copy of the draft strategy statement. The committee is the "political" arm of the Jackson-Josephine County Transportation Committee of which Pam Barlow and I are appointed members. TRADCO generally meets during the second week of each month between noon and about 2:00 P.M. The meeting location is at one of the member cities or counties with a hosted lunch. I generally attend the meetings and can furnish transportation to the meeting. Jim Sims is the citizen representative for Ashland. WASTEWATER STUDY LIAISON This is an important connection between the City Council, staff, consultant(s) and affected agencies for the current TMDL process. Meetings vary from time to time based on needs and are generally held in Ashland, Eugene (consultant) or Portland (DEQ, EQC and ODFW). As staff representative, I attend all meetings and can provide transportation for the council representative. Rob Winthrop and Don Laws have participated in meetings during the last two years. SMH:.\P W\TRADCOWW.mem encl: Resolution 92-21 TRADCO Draft Strategy RESOLUTION NO. 92- � 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 group[s 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 . OF R sell Chadick, Jr. ting City Recorder' n SIGNED and APPROVED this , LP&XOday of 199- Patricia Acklin Acting Mayor gampretico.res EXHIBIT W LINES OF caTi mcATION .FOR TRANSPORTATION PLA OM4G GROUPS y iw�/�� f� RV^C'�OG p.....�i Board �AIJdLIf rMnl FADCO Tl Tl ti y Jim MPO TAC RVOOG BOARD - Rogue Valley Council of Governments Reviews and ratifies actions of JJTC Provides direction and feedback to JJTC JJTC - Jackson Josephine Transportation CCMMittee - As presently constituted (technocrats, primarily public works and engineering) - Coordinate regional transportation plate - Census View for input to CDOrrls 6-Year Plan Coordinate/upgrade agencies equipment sharing, maintenance efforts, etc, NPO BOARD Mettnpolitan P - A sub-set of� Organization oougiosed of Central mint, Medford, Phoenix, .Jackman Cry, RVl9, and CDor - Mandated by Federal guidelines Review and ratifies actions of MP0 TAC NPO TAC - Metropolitan Planning Organization Tecfinical Advisory As presently Coanstituted (technocrats, primarily planners and engineers) Formulates transportation plans for the APO area TPADCO - Transportation Advocacy 00enitte.e Open membership Use political and social influenoe to achieve the regional BDARD transportation goals formulated by JJTC and ratified by W= Provide feedback to Rvan BOARD and JJTC RVOOG"SIAFF - Provides support staff and liaison to,aboVe with technical assistance as appropriate from member entities. i TRADCO POLITICAL STRATEGY COMMITTEE RECOMMENDATIONS 11/19/92 (REVISED) I. Be Positive - all actions from TRADCO should be proactive. II. Local Strategy - TRADCO shall: A. Cooperate with the development of a regional transportation plan that considers local projects which may have an impact on improving flows on the Interstate and State highway system. Use the jackson Josephine Transportation Committee as the vehicle to communicate our needs. B. Fac9date the enadment of loco/bwoportahm Prof by appowfing appWnate members to attend public meednp on bath funncmg and cvnsbudsngprojeds and "woe suppart and/or provide pmmum input. C. Monitor State and Federal project and funding proposals to assure that the southern Oregon region receives its fair allocation of both projects and funding. III. State A. Legislative 1. Find the funding to hire a part-time lobbyist to work for southern Oregon during the next session of the Legislature. 2. Work toward getting one of the. southern Oregon Representatives appointed to the House Transportation Committee. (John Watt has been suggested. ) 3. Lobby our local legislators to vote in favor of the next proposed gas tax increase. Encourage one of them to sponsor the legislation. 4. Meet on a regular basis with the southern Oregon legislative contingent. Begin meeting soon after the elections to develop a common agenda. B. Oregon Transportation Commission 1. Have representation from TRADCO attend all Transportation Commission meetings. 2. Find a method of keeping the Chairman and members of the Commission aware of southern Oregon issues (POSITIVELY) . 3 . Schedule meetings with the southern Oregon members of the Commission; Cynthia Ford and John Whitty. Perhaps have a liaison brief them about southern Oregon issues before each meeting of the Transportation Commission. Page 2 C. Highway Division 1. Build rapport with the new regional engineer. 2. Keep local Project Managers and Maintenance Supervisors informed of local transportation -issues addressed by this committee. 3. Continue to work closely with the Regional Planner. 4 8e n to have the Region 3 €€tee- si.. * a ac a IV. Federal - work with Senator Packwood and take advantage of his membership on the Commerce Committee. V. Multi-Modal/Inter-Modal A. Multi-modal should be viewed as a potential source of funding. B. Mass transit should be emphasized in southern Oregon. We should communicate mass transit issues to : the Transportation Commission. C. This committee should be an advocate of improved air service to southern Oregon. D. Support general aviation at all of southern Oregon's local airports. O E. Support the Bear Creek Greenway project. R Intennrodol pmjecte suds as radAruck or air/buck or air/mil wX be given frill attentim and support. �(}} G - S�3P Qo4>-,T /�7 ORDINANCE NO. AN ORDINANCE AMENDING A PORTION OF ASHLAND MUNICIPAL CODE - LAND USE ORDINANCE - 18.92.040 C. - OFF-STREET PARKING, REQUIRING FIFTY PERCENT OF ALL REQUIRED BICYCLE PARKING TO BE COVERED AND PROTECTED FROM WEATHER – THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTTON 1. Section 18.92.040 C., Bicycle Parking Requirements of the Off-Street Parking Chapter, of the Ashland Municipal Code, is amended to read as follows: 18.92.040 Bicycle Parking C. In addition, all uses which require off street parking, except as specifically noted, shall provide one bicycle parking space for every 5 required auto parking spaces. Fractional spaces shall be rounded up to the next whole space. Fifty percent of the bicycle parking spaces required shall be sheltered from the weather, and located in proximity to the uses they are intended to serve. 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 11992. Nan E. Franklin City Recorder SIGNED and APPROVED this _ day of 11992. Catherine M. 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