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1993-0105 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 JANUARY 5, 1993 I. PLEDGE OF ALLEGIANCE: 7:30 P.M., Civic Center Council Chambers II. ROLL CALL ./Ill. APPROVAL OF MINUTES: Regular Meeting of December 15, 1992. IV. MAYOR'S ANNUAL ADDRESS: V. CONSENT AGENDA: 1. Minutes of Boards, Commissions & Committees. 2. Monthly Departmental Reports. 3. Electric rate forecast by City Administrator. VI. PUBLIC HEARINGS: (Must conclude by 9:30 P.M.) 1. P.A. 92-094, request for zoning ordinance text change to allow recreational vehicle parks as a Conditional Use in the E-1 Zone. Application involves concurrent request for conditional use permit to allow location of a recreational vehicle part at South end of Clover Lane. (Applicant: Rudolph J. Wertepney) 2. P.A. 92-148, request for modification of Policy X-3-h of Comprehensive Plan (Transportation Element - Street Dedication and Design) to encourage interconnected street networks while not encouraging through traffic. (Applicant: \ / City of Ashland) VII. UNFINISHED BUSINESS: 1. Proposals from Ashland Parks & Recreation Commission and Chamber of Commerce concerning proposed Ballot Measure for March 23, regarding funding for park land acquisition. X 2. Adoption of Findings of Fact and Order - P.A. 92-104 (Forest Street dedication); and Ordinance modifying the Street Dedication Map of the Comprehensive Plan. x VIII. NEW & MISCELLANEOUS BUSINESS: 1. Presentation by B.P.A. regarding re-opening of environmental process for proposed substation site. 2. Memo from Dir. of Public Works concerning proposed policy for connections to the sewer system outside the Urban Growth Boundary. 3. Request from Dir. of Public Wks. for Council representative on the Transportation Advisory Committee and a Council liaison to WWTP TMDL study committee. 4. Recommendation from Dir. of Public Works concerning approval of consultant for Wetlands Study. 5. Monthly activity report by City Administrator for December 1992. 6. Council Liaison assignments to various Boards, Commissions & Committees. IX. PUBLIC FORUM: Business from the audience not included on the agenda. (Limited to 3 min. per speaker and 15 min. total) X. ORDINANCES. RESOLUTIONS & CONTRACTS: ,r1. Second reading by title only 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. 12. First reading by title only of an ordinance completely revising the local improvement and special assessment chapter and deleting the sidewalk assessments chapter of the Ashland Municipal Code. (Copies provided in accord with the Charter) 3. First reading by title only of an ordinance of the City of Ashland adding a new Chapter 13.24 to the Ashland Municipal Code relative to newsrack placement. (Copies provided in accord with the Charter) XI. OTHER BUSINESS FROM COUNCIL MEMBERS XII. ADJOURNMENT MINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL DECEMBER 15, 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, Reid, Williams, Winthrop, and Arnold were present. Mayor Golden was absent. APPROVAL OF MINUTES: The minutes of the Regular Meeting of December 1, 1992 were accepted as presented. SPECIAL PRESENTATIONS & AWARDS: Ski Ashland. A proclamation was read declaring December 23 , 1992 as "SRI ASHLAND DAY". Greg Williams. A Certificate of Appreciation was presented to Councilor Williams for service to the citizens of Ashland as City Councilor from August 4, 1987 - December 31, 1992. CONSENT AGENDA: Winthrop moved to approve same as follows: 1) Minutes of Boards, Commissions & Committees; 2) Monthly Departmental Reports - November 1992; and 3) Audit Report for Fiscal Year 1992-93. Reid seconded, all AYES on voice vote. OPEN SPACE ISSUE: (Moved up on agenda) City Attorney Nolte explained that the Chamber of Commerce's proposal to fund park land acquisition through a bond issue, if accepted by the Council, should be reviewed by bond counsel. Williams would like to make a decision on the preferred alternative tonight, and Winthrop wants to wait until the Mayor and all Councilors are present. Arnold moved to postpone until January 5 and seek an opinion from bond counsel in the interim. Winthrop seconded and the vote was tied as follows: Reid, Williams, and Acklin, NO; Laws, Winthrop, and Arnold, YES. Reid moved to reconsider the motion and Winthrop seconded. Same passed on roll call vote with Williams dissenting. The vote on the original motion, was as follows: Laws, Reid, Acklin, Winthrop, and Arnold, YES; Williams, " NO. PUBLIC HEARINGS: P.A. 92-104 - Forest Street Dedication. Acklin read the format for land-use public hearings. Williams and Reid visited the site. Acting Planning Dir. McLaughlin read the criteria for approval and referred to maps showing three alternatives for the continuation of Forest Street. Laws moved to limit the public hearing to the proposed deletion of a portion of the Forest Street dedication as recommended by the Planning Commission. Reid seconded the motion which carried on voice vote. Rodney Badger, 610 Ashland Street, spoke in favor of the deletion. There was no further comment from the audience and the public hearing was closed. Williams moved to delete the street dedication as proposed by the Planning Commission and direct staff to prepare Findings in support of this decision. Reid seconded and the motion carried on voice vote. Regular Meeting - Ashland City Council - Dec. 15, 1992 - P. 1 P.A. 92-048 - Proposed Health Care Zone. Acklin declared that she is an ex-officio member of the Ashland Community Hospital Board. Laws declared ex-parte' contact with the Hospital Administrator regarding total development of the area. Winthrop also spoke with Hosp. Dir. Watson. McLaughlin gave the history of the application and said a zone change from R-2 to HC (Health Care) would allow medical offices as a permitted use. The planning action involves adopting a new chapter to the land-use ordinance and adopting the Ashland Hospital Master Facilities Plan as a sub-area development plan of the Comprehensive Plan. The public hearing was opened and James Watson, Hospital Administrator, spoke in favor saying the Health Care Zone will allow this area to be used as it is now, or will be, used in the future. John Maurer, 1085 Elkader St. , also spoke in favor. Ben Benjamin, 323 Maple St. , spoke in opposition and submitted a letter for the record. He is concerned about traffic impacts and that neighborhood residents will lose the right to give input to future development. Cutty Kitchell, 139 Wimer, is opposed and concerned with additional traffic on North Main St. Stephen Lunt, 375 Grant St. , and member of the Hospital Board, spoke in favor. Frank Billovits, 600 Weller Ln. , and Hospital Board member said these changes are necessary to insure that the Hospital remain a viable institution. There was no further testimony from the audience and the public hearing was closed. On a question from Reid, Public Works Dir. Hall said the State is designing a left-turn lane on N. Main at Maple but will not allow a traffic signal to be built unless warrants are met. Laws said traffic concerns will have to be addressed prior to construction of new buildings, and he feels that pharmacies, and items D. F. and G. under Permitted Uses should be Conditional Uses. Laws made a motion to move item G. under Permitted Uses to Conditional Uses. Winthrop seconded and the motion failed with a tie vote. Winthrop moved to add "pharmacies" as a Conditional Use, Williams seconded and the motion carried on voice vote. McLaughlin said the Planning Commission did not adopt Findings. Acklin said the hospital site was originally chosen through a community process and funded by a bond issue, and moved to direct staff to prepare an ordinance adopting amendments to the Comp. Plan and Zoning Map to change the zoning to Health Care, an ordinance adopting a new chapter (18.54) to the Land-use Ordinance with the above amendment, and prepare Findings in support for Council adoption. Winthrop seconded, all AYES on voice vote. UNFINISHED BUSINESS: D.E.Q. Extension. Public Wks. Dir. Hall said the D.E.Q. has granted an extension for the wastewater facilities plan submittal to July 1, 1993 . Four proposals have been received on the wetlands study. Open Space. Discussed earlier. F.B.O. Contract. Hall reviewed his memo concerning a revised budget for Airport operations. Laws moved to authorize the City Administrator to sign a contract with Robert A. Skinner and Williams seconded the motion. Arnold asked for an evaluation from Hall to determine if it would be more financially advantageous for the City to Regular Meeting - Ashland City Council - Dec. 15, 1992 - P. 2 operate the Airport. Hall noted several issues which would be more costly and time-consuming, and recommended against City management. Winthrop said the range of services will be greater with an FBO rather than City management. The motion passed on roll call vote with Arnold dissenting. Adopt Water Rate Schedule. Arnold said a lot increase should be considered. After a short discussion the resolution title was read and Laws moved to adopt same with Exhibit "A" providing for a 20% increase. Williams seconded, and the motion passed on roll call vote with Arnold dissenting. (Reso. 92-58) NEW & MISCELLANEOUS BUSINESS: Dishwashing Detergents. Carl Oates, 776 Glendale, representing the Wetlands Coalition, requested that Staff be directed to research a proposed ban on dishwashing detergents containing phosphates. Winthrop so moved, Arnold seconded and the motion carried on voice vote. PEG Access Fee. Allen Sandler, Chair, Ashland Cable Access Commission, read a letter requesting an amendment to the franchise with TCI Cablevision to provide for an additional 2% franchise fee to be dedicated to PEG access. Laws said this should be a part of the budget process. Reid moved approval, Winthrop seconded, all AYES on voice vote. Reid moved to extend the meeting for ten minutes, Winthrop seconded, the motion carried on voice vote. City Administrator's Monthly Activity Report. No action. Title Transfer - Open Space Properties. A letter was received from the Jackson County Greenway Coordinator concerning accepting the title to three properties which were acquired by Jackson County for Greenway purposes, and are within the Ashland city limits. Reid moved to accept same on approval by the Parks Commission, Arnold seconded, all AYES on voice vote. Sewer System Connections outside U.G.B. Postponed. Council Liaison Request. Hall asked that a Council representative be appointed to the Transportation Planning Advisory Committee and the Wastewater Treatment Plant TMDL Study Committee. Laws is willing to continue on TPAC if his schedule permits. Postponed for appointment by Mayor. PUBLIC FORUM: No comment. ORDINANCES. RESOLUTIONS & CONTRACTS: Bicycle Parking. 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. Williams moved to second reading, Winthrop seconded, all YES on roll call vote. Regular Meeting - Ashland City Council- Dec. 15, 1992 - P. 3 OTHER BUSINESS FROM COUNCIL MEMBERS: Winthrop noted receipt of a letter from the U.S. Marshal commending Police Chief Brown as incident commander during a recent situation involving a federal fugitive. Reid would like the City Admin. and Attorney evaluations to be held separately from a regular Council meeting. Arnold said a procedure for cancelling meetings is necessary i.e. 2-3 in favor to cancel. A special meeting will be held on January 4 for the evaluations. ADJOURNMENT: The meeting adjourned at 11: 10 P.M. Nan E. Franklin Catherine M. Golden City Recorder Mayor (dAmin%12-15-92) Regular Meeting - Ashland City Council - Dec. 15, 1992 - P. 4 1 t r ASHLAND COMMUNITY HOSPITAL BOARD OF TRUSTEES November 24, 1992 The regular monthly meeting of the Board of Trustees of Ashland Community Hospital was held on Tuesday, November 24, 1992, in the conference room. PRESENT: Steve Lunt, Madeline Hill, Frank Billovits, Dick Nichols, Judy Uherbelau, Tom Reid and Mary Ellen Fleeger, Trustees. Jerome Nitzberg, M.D. , Medical Staff Representative. Also Present: Jed Meese, Foundation President; James R. Watson, Administrator; Polly Arnold, Director of Patient Services; Peggy Cockrell, Director of Personnel; Pat Flannery, Director of Development; and Glenda Cole, Administrative Assistant. I. CALL TO ORDER Mr. Lunt called the meeting to order at 12:15 and welcomed everyone to the .November meeting. II. MINUTES A. Joint Advisory Committee: Mr. Lunt called for a review of the minutes of the June 19, 1992, meeting. Following review, motion was made, seconded, and carried to approve the minutes as circulated. B. Strategic Planning Committee: Mr. Lunt called for a review of the minutes of the July 10, 1992, meeting. Following review, motion was made, seconded, and carried to approve the minutes as circulated. C. Marketing Committee: Mr. Lunt called for a review of the minutes of the September 10, 1992, meeting. Following review, motion was made, seconded, and carried to approve the minutes as circulated. D. Executive Committee: Mr. Lunt called for a review of the minutes of the October 12, 1992, meeting. Following review, motion was made, seconded, and carried to approve the minutes as circulated. E. Board of Trustees: Mr. Lunt called for a review of the minutes of the October 20, 1992, meeting. Following review, motion was made, seconded, and carried to approve the minutes as circulated. F. Special Board Meeting: Mr. Lunt called for a review of the minutes of the November 12, 1992, meeting. Following review, motion was made, seconded, and carried to approve the minutes as circulated. III. COMMITTEE REPORTS A. Strategic Planning: Mr. Lunt stated that the Committee met on November 6th and reviewed, the updated strategies. f B. Marketing Committee: Ms. Cockrell stated that the Marketing Committee met on November 12th and reviewed the marketing plan for 1993. Board of Trustees November 24, 1992 Page 2 IV. DECISION ITEMS A. Home Health Agency: Mr. Watson presented the minutes of the annual meeting of the Home Health Advisory Committee for approval. He stated that it is a requirement of JCAHO that the Board approve these minutes. Following review, Mr. Reid made the motion to approve the minutes as circulated. Mr. Billovits seconded the motion and the motion carried. B. Set Meeting Dates: Mr. Watson stated that the Finance Committee meeting has been scheduled for Thursday, December 10th and the Joint Advisory Committee has been scheduled for Friday, December 18th. These dates were approved. C. October Expenditures: Mr. Lunt reviewed interesting highlights of the October expenditures and stated that he had found everything in order. Mr. Reid made the motion to approve the expenditures. Mr. Billovits seconded the motion and the motion carried. V. EXECUTIVE SESSION Mr. Nichols made the motion to move into Executive Session pursuant to ORS 192.660 (1), D. e. i. Ms. Hill seconded the motion and the motion carried. Ms. Hill made the motion to move out of Executive Session. Mr. Nichols seconded the motion and the motion carried. Ms. Uherbelau made the motion to direct Mr. Watson and Ms. Hill to proceed with Moser and Associates to lease the proposed medical office in Talent for one year pending board review and approval of final contract. Mr. Nichols seconded the motion and the motion carried. VI. MEDICAL STAFF REPORT Dr. Nitzberg stated that he had no report this month. VII. DISCUSSION ITEMS A. Ashland Health Coalition: Mr. Watson stated that the Committee is continuing to meet. B. Strategic Planning: Mr. Watson stated that the Committee met on November 6th and all Level I strategies were reviewed and updated. C. Board Self-Evaluations: Mr. Lunt encouraged everyone to please complete their Board Self-Evaluation form and return to administration. D. Managed Care Update: Mr. Watson stated thae f2e are continuing to sign contracts with the different agencies. E. MSO: Mr. Watson stated that the MSO, now called Ashland Healthcare Enhancement Corporation is near completion. We have an attorney writing the contracts. Board of Trustees November 24, 1992 Page 3 VIII. QUALITY ASSURANCE Mr. Watson stated that the Quality Assurance Committee met on Tuesday, November 3, 1992, and that all issues are being handled appropriately. Mr. Watson stated that the Joint Advisory Committee will meet on Friday, December 18th to review the quarterly QA reports. IX. ADMINISTRATOR'S REPORT A. Nursing: Ms. Arnold reported that we continue to see increasing numbers of surgeries. Dr. Rodden has performed 18 surgeries during the last month - more than were projected. She stated that we now have full crews for 3 OR suites. B. Financial: Mr. Watson, in Mr. McGraws' absence, reviewed the monthly financials. He stated that we will retire our bonds on December 15th. C. Personnel: Ms. Cockrell stated that we are continuing to recruit for on-call pools. She encouraged the members present to attend the Hospital's annual,Christmas party on Saturday, December 19th at the Mark Antony. The Hotel will rent rooms for party attenders for $19.00. Ms. Cockrell stated that we have been asked to participate in the 100th anniversary of the Jackson County Medical Society. We are the oldest hospital in the valley. Medical Forum this month is -on obstetrics with Dr. Keevil, Dr. Delgado, and Diane Offenbacher. D. Foundation: Mr. Flannery stated that we are continuing the Lights for Life campaign with total contributions thus far of $10,725. The lighting of the tree will be Saturday, November 28th at 4 pm. He stated that we had 211 people attend the Foundation Dinner\Dance. The date for the 1993 Foundation Dinner\Dance is November 20th. a X. ADJOURN There being no further business, the meeting was adjourned. Respectfully submitted: APPROVED: Richard A. Nichols, Secretary Stephen B. Lunt, Chairman r� ASHLAND HISTORIC COMMISSION Minutes December 2, 1992 CALL TO ORDER The meeting was called to order by Vice-Chairperson Terry Skibby at 7:35 p.m. Members present were Terry Skibby, Le Hook, Jean MacKenzie, Dana Johnson, and Steve Ennis. Also present were Assistant Planner Kristen Cochran and Secretary Sonja Akerman. Members Jim Lewis, Jane Dancer, Keith Chambers, and H.L. Wood were absent. APPROVAL OF MINUTES MacKenzie declared page 3 of the November 4, 1992 Minutes, under Statue at Library, should read four brass plaques rather than two. Skibby clarified page 4, under Letter from Pat Marlin should state "the worst part seems to be the existing entrance to the alley on Union Street". Hook moved and Johnson seconded to approve the November 4, 1992 Minutes as corrected. The motion was unanimously passed. STAFF REPORTS PA 92-138 Conditional Use Permit 111 Third Street Thomas Cassel Cochran explained this application is for a four-unit plus owner's unit traveler's accommodation. It will be a change in use, as it now is used as a counseling office. Five parking spaces are required and six are existing. The alley and the parking spaces are already paved; landscaping is fine as it is; and traffic impact will be the same or less than the present use. Skibby.questioned if there are residential units in the house now. Cochran answered there are none, but the applicant (new owner) will be living in the house. THOMAS CASSEL related the house still has a kitchen and bedrooms, as few interior changes were made when it became an office. He has ordered an 8" x 11" plaque, which will be placed by the door. The name will be "Colonel Silsby's Bed and Breakfast Inn". Cassel also said he plans to begin working on the house next spring and should be able to open the inn in April. The Commission agreed this was an appropriate use for the house, as it will be more authentic having it as a residence once again. Hook moved and Johnson seconded to recommend approval of this application. The motion passed unanimously. PA 92-140 Conditional Use Permit 662 "B" Street Oregon Shakespeare Festival Association Cochran stated this application is to modify the existing non-conforming building to accommodate seven living units. It is non-conforming because there are currently six units in the house, and only three would be allowed. The shed in the back will be demolished and replaced with a parking area. No exterior changes of the house are proposed other than upgrading. The only concern neighbors have expressed is the increased traffic in the alley. The two neighbors with property abutting the unpaved portion of the alley feel it should be paved, and OSFA is willing to do so. Half the alley is paved already. JIM DUNCAN, 692 'B" Street, stated he is one of the neighbors requesting permission to pave the alley. Currently, there is no parking off the alley for the OSFA house. With the demolition of the unit (shed) in the rear, all the off-street parking will be located off the alley. Hook stated that although OSFA is his employer, he has nothing to do with this project. There were a few items he could clarify, however. The structure will be used for temporary housing for actors, directors, etc. Most do not have cars, as they fly in, so they will be using bicycles and their feet for transportation. In spite of this, he agreed the alley should be paved. Ennis said he was a little dismayed because there are seven people living at the site now whose affordable housing will be lost. He also wondered how the owners of property on the paved portion felt about the increased traffic in the alley, and how they would be affected by having the entire alley paved. MacKenzie stated the uniform appearance would justify paving the alley. Johnson felt it would deteriorate further if it was not paved, and said it seems it would be safer if it were consistent. Skibby added it is not one of the alleys destined not to be paved by the Alley Committee. Hook moved to recommend the remainder of the alley be paved as part of the conditions for approval. Johnson seconded the motion and it passed with all voting aye except Ennis. MacKenzie moved and Johnson seconded to recommend approval of the Conditional Use Permit. The motion passed unanimously. Ashland Historic Commission Knutes December 2, 1992 Page 2 PA 92-141 Conditional Use Permit Under the Viaduct on Water Street Medford Growers and Crafters Association Cochran explained this application is for the review of a temporary use. The Market has been using the area under the viaduct for the past three years. This type of use is encouraged in the downtown. The Market has the use of eight more parking spaces if needed. Hook stated he was on the DPAC when the recommendation was made to use parking spaces across the street for expansion so as to not take away more parking spaces from downtown employees, as this is one of the few areas where they are allowed to park for a full day. The City Council, however, approved expansion of the Market by taking away more spaces from the lot. He felt if the Market people were allowed to use a certain number of spaces, there should be the same number of spaces made available on Tuesdays elsewhere for downtown employees. He recommended the small lot across from Copeland not be monitored on Tuesdays as a trade-off. Ennis moved to recommend approval of this application on the condition that on Tuesdays during the Market season, downtown employees be allowed to park in an alternate area, such as the small lot across from Copeland, to make up for the 16 spaces lost on that day. Hook seconded the motion and it was unanimously passed. BUILDING PERMITS Permits reviewed by members of the Historic Commission and issued during the month of November follow: 174 North Main Street Marilyn Krichman Cottage 75 Bush Street Gordon Pelton Remodel/Addition 30 North Second Street U.S. Bank Repair Ceiling 453 Allison Street Nancy Coleman Deck 184 'B" Street Ian and Betsy Wessler Remodel 548 Iowa Street William Koenigsberg Reroof Shed 58 Fourth Street Martha McGentre Remodel/Bay Window 23 Sherman Street Susan Louie Demolish Shed 338 Scenic Drive Beth Coye and Esther Bell Garage/Studio/Storage 59 Manzanita Street Vicki Lamb Interior Remodel Central/Hehnan/Water Lloyd Haines CommercialBuilding 184 Hargadine Street Marvin Salles Re-roof 140 High Street Lorraine Skaff Carport Ashland Historic Commission Minutes December 2, 1992 Page 3 150 East Main Street Ashland Homes Real Estate Sign 191 Oak Street Ashland Cycle Sport Sign 243 East Main Street Western Bank Sign REVIEW BOARD Following is the schedule (until the next meeting) for the Review Board, which meets every Thursday from 3:00 to 3:30 p.m. in the Planning Department: December 3 Lewis (?) December 10 Hook, Johnson, MacKenzie and Skibby December 17 Hook, Johnson, MacKenzie and Skibby December 24 Ennis and Skibby December 31 MacKenzie and Skibby OLD BUSINESS Joint Study Session Ennis reported a subcommittee consisting of himself, Chambers, and Planning Commissioners Susan Powell and Mike Bingham met on November 9th. He submitted copies of the worksheet and explained the revisions. The committee is now awaiting word from Planning Staff regarding continuation at this time. Eventually, they would like their intentions adopted by the City Council. Granite Street Fountain A memo from Pam Barlow was discussed in which she states Dennis Barnts, Water Quality Superintendent, believes the old fountain should not be replumbed. He suggested a new fountain be placed next to the old one, and that a plaque be placed on the old one noting its historic significance. The Commission agreed with the proposal. Hook moved to comply with Dennis Barnts' suggestion and added the fountain in the best shape should be used. MacKenzie seconded the motion and it was unanimously passed. Cemetery Nominations to National Register Lewis was not present at the meeting and it was understood be will draft the letter to the Council. Ashland Historic Commission Minutes Decenber 2, 1992 Page 4 s Statue at Library Hook commended MacKenzie for her work in taking care of the statue. MacKenzie said she will be meeting with Al Williams, Electric Department Director, to discuss the floodlight. She added that John Fregonese had told her two benches could be placed there. Donn Todt, from the Parks Department, may also be putting in a planter bet]. Applegate Trail Plaque Skibby reported he had attended the City Council meeting on November 17. The Council approved the acceptance of the plaque and the placement in the Plaza. Skibby will write a letter to coordinate this with the Parks Department. Heritage Landmarks List Cochran explained the Planning Staff will work toward adoption of the list in four to five months. The Commission will set up a study session in order to review the files. Historic Landmark Preservation Ordinance Cochran conveyed this is low on the City Council priority list and it looks as though it will be another year before it is adopted. Ennis suggested Page 4 (n) should be 'one inch equals four feet or greater". The Commission agreed. Alley Committee Hook stated the committee should resume meeting after the first of the year.. NEW BUSINESS I.O.O.F. Buildin¢ Skibby noted a martini glass made of reinforced plaster had been placed in the middle of the old Plaza Cafe sign on the side of the Oddfellows Building. Akerman related she had spoken with one of the owners who was quite upset about the glass. Evidently, a mason had been hired to reinforce some of the cracks in the bricks, then took it upon himself to put up the martini glass. Skibby also added the top portion of the chimneys had been removed. Hook moved and Emus seconded the Historic Commission express its concern about the exterior changes made to the Oddfellows Building--the martini glass and the change in the Ashland Historic Commission Minutes December 2, 1992 Page 5 chimneys that have been in existence since 1879 -- and request the owners restore the building to its previous condition. The motion was passed unanimously. Skibby will draft a letter and include photos of the building. Hook stated he knows of people who could restore the sign. ADJOURNMENT With a motion by Ennis and second by Hook, it was the unanimous decision of the Commission to adjourn the meeting at 9:40 p.m. Ashland Historic Commission Minutes December 2, 1992 Page 6 CITY OF ASHLAND PARKS AND RECREATION COMMISSION 113EGIJ1,AR A41F=I NG M I Ni7TE S November 16, 1992 Chair Adams called the meeting to order at 7:30 p.m. at the Hunter Park Building. ATTENDANCE: Present: Patricia Adams, Al Alsing, Teri Coppedge, Tom Pyle, Ken Mickelsen, Greg Williams Absent: Wes Reynolds I. ADDITIONS OR DELETIONS TO THE AGENDA None II. APPROVAL OF MINUTES Comnissioner Alsing made a motion to approve the minutes of the Regular Meeting of October 26, 1992. Commissioner Coppedge seconded. The vote was: 4 ves - 0 no III. BILLS AND FINANCES A. Approval of previous month's disbursements Commissioner Pyle made a motion to approve the previous month's disbursements as indicated by Payable checks #7029 through #7164 in the amount of $99,915.65 and Payroll checks #5816 through #5889 in the amount of $44,074.79. Commissioner Alsing seconded. The vote was: 4 yes - 0 no IV. AUDIENCE PARTICIPATION ON THE AGENDA A. O.S.F.A. Board Michael Donovan, Board Member of the Oregon Shakespearean Festival Association, was present in the audience to present the Conmission with the first donation, of what the Festival hopes will be an annual donation, of the proceeds of one outdoor theater performance. Mr. Donovan indicated that since July 4, 1935 the Festival and Lithia Park have shared a very special relationship; patrons who come to the Festival also visit Lithia Park. In recognizing the importance of that relationship, he said that the Board had chosen the proceeds from the July 4th performance of As You Like It for this donation which amounted to $24,481.20. Ashland Parks and Recreation Commission Page 2 of 6 Regular Meeting - November 16, 1992 AUDIENCE PARTICIPATION - continued O.S.F.A. Board - continued Chair Adams, on behalf of the Comnission and the community, thanked Mr. Donovan for the donation indicating that the Commission too appreciated the special relationship between the Festival and Lithia Park. She said that the donation was exciting, particularly since it represented the proceeds of the July 4th performance. The other Commissioners also expressed their appreciation to the Festival Board reiterating the special relationship which exists between the Festival and Parks Department. B. Request concerning restroom closure policy Councilor Phil Arnold and Police Officer Mel Clements were present in the audience to speak to the Commission regarding its policy to lock park restroomns at night. Councilor Arnold said that in his work with the City's Committee of the Homeless certain problems of the homeless were being defined; one of which was the lack of public restrooms open after dark. He said that since the Parks and Recreation Commission has control over most of the public restrooms in town, he was asking the Commission to reconsider its policy of locking restrooms at night. Officer Clements said that in his experience residents and visitors also have a problem finding a public restroom other than those in parks. After dusk, when park restroons are locked, there is nowhere for anyone to go. He said that he personally felt that it was a city responsibility to provide public restrooms. He said that many years ago when park restrooms were still open at night there appeared to be some occasion where the restrooms were used for beer drinking with bottles left in the trash or broken bottles on the floor but that he felt that these incidents were not frequent. He said that for the sake of denying some vandalism that by closing the park restrooms at night that the city was depriving people of the use of public restrooms. In discussion, Comnissioner Pyle indicated that he was concerned about vandalism but that he was also concerned about the providing a secluded environment in which crimes could take place because park restrooms were not in well trafficked; lighted locations. He indicated that he could support the idea of the restrooms remaining open after dark only if the Police Department could assure that they would be patrolled on a regular hourly basis. Officer Clements did not believe that that kind of patrolling would be feasible for the Police Department. Comnissioner Adams said that she did not believe that leaving park restrooms open at night was a real solution to the city's need for public restrooms, particularly because of the fact that all park restrooms are in relatively secluded locations. She also indicated that park employees were unanimously opposed to leaving the restroons open after dark. She said that the Commission has tried very hard to set a high standard for its restrooms. In the last year the department has increased staff to clean and monitor the restrooms frequently during daylight hours. She indicated Ashland Parks and Recreation Commission Page 3 of 6 Regular Meeting - November 16, 1992 AUDIENCE PARTICIPATION - continued Restroom closure policy - continued that she felt that leaving then open and unattended overnight would defeat the purpose of trying to maintain clean, undamaged restrooms for the many park users. She said that a suggestion which had come from staff was that perhaps portable toilets could be placed in locations which the homeless frequent. Commissioner Alsing said that he was not in favor of leaving the restrooms open overnight which would generally encourage people to sleep in that area. He said that he might consider leaving the Calle Guanajuato restroom open overnight if whatever costs incurred for vandalism and such would be paid by someone other than Parks. Councilor Arnold suggested that the Commission consider leaving the restroom adjacent to Calle Guanajuato open all night. Also general discussion developed concerning the need for a public restroan in the downtown area, the Cortmission's strong advocacy of that over the years, and the inadequacy of the Calle Guanajuato restroom in serving in that capacity. MOTION Comissioner Pyle made a motion to provide a spot for portable toilets at the YMCA City Park, Hunter Park and Calle Guanajuato provided that sane other entity provide the funding to keep then there. The motion died for lack of a second. MOTION Commissioner Pyle made a motion to provide space designated by Park staff near the restroon on Calle Guanajuato for a portable toilet provided that some other entity provide the funding to keep it there. Commissioner Alsing seconded. In discussion of the motion, Commissioner Pyle clarified that he would prefer to place a portable toilet there over having the restroom open. Superintendent Gies indicated that he did not believe there would be enough room adjacent to the restroom to place a toilet and that the only place possible might be in the parking lot which would mean loosing a parking space. Commissioner Adams said that she had difficulty supporting the concept because the Commission was spending such time, effort, and money on improving the appearance of Calle Guanajuato.and placing a portable toilet there would actually create an eyesore; . "there has to be a better place to put a portable toilet in town other than on Calle Guanajuato." Following discussion, Co rdssioner Pyle indicated that he would like to withdraw the motion; Commissioner Alsing concurred withdrawing his second. I Ashland Parks and Recreation Co miission Page 4 of 6 Regular Meeting - November 16, 1992 AUDIENCE PARTICIPATION - continued Restroon closure policy - continued MOTION Commissioner Pyle made a motion to have Parks staff investigate a possible location for a portable toilet somewhere in the vicinity of the recycling bin on Calle Guanajuato and to bring a recommendation back to the Camnission. Cc mnissioner Alsing seconded. The vote was: 3 yes - 1 no (Adams) Cannissioner Alsing said that ultimately he felt that the Commission's decision to place a portable toilet in that area should in some way be tied to Council plans to provide some kind of public restroom in the downtown area. V. AUDIENCE PARTICIPATION NOT ON THE AGENDA None VI. OLD BUSINESS None VII. NEW BUSINESS A. Authorization to advertise for bids MOTION Co -nissioner Alsing made a motion to authorize for advertising for bids for tree work. Commissioner Coppedge seconded. The vote was: 4 yes - 0 no Referring to a memorandum concerning the proposed Siskiyou Mountain Park (Superior/Brevik property) , Director Mickelsen reconmended that the Camussion approve the department's administering a bid contract for clearing and piling brush on the site to reduce the fire hazard within the city/forest interface. This work has been set as a high priority in the Ashland Forest Plan which is currently being recommended for adoption by the City Council . The city would pay for the work using the department's expertise in supervising the contract. MOTION Commissioner Pyle made a motion to authorize advertising for bids for forestry work. Commissioner Alsing seconded. The vote was: 4 ves - 0 no B. Recreation Budget and Policies The Camdssion reviewed a memorandum and draft of an ECB budget document for the Recreation Division which would be presented to the City's Budget Comnittee at its meeting on Thursday, November 19th at 7:30 p.m. The Camussioners concurred that the draft outlining the summary of Recreation Division activities was a clear and complete statement approving it for use at the Budget Committee meeting. Ashland Parks and Recreation Commission Page 5 of 6 Regular Meeting - November 16, 1992 NEW BUSINESS - continued C. Items from Commissioners for 93-94 budget process Commissioner Alsing indicated that he was interested in knowing the cost for constructing two bridges which could make a trail to connect the upper park and the reservoir area in Lithia Park more feasible indicating that perhaps the Tayler Board would approve funds for constructing the bridges. He also indicated that he would like cost projections for the addition to the department office considered for next year's budget. Connissioner Pyle indicated that he would like to have the costs projected for inspecting, engineering and mapping such a trail with the idea of including those costs in the 93-94 Parks Division budget. He did not anticipate applying to the Tayler Board for the preliminary work on designing the trail . Commissioner Adams inquired about the Walkercise Course in Lithia Park indicating that it needed to either be refurbished or removed. Superintendent Gies indicated that the signs for the trail always seemed to be in need of repair and that it would need to be completely redone to make it feasible from a maintenance standpoint. Office staff reported that there were no groups or individuals who seemed to be using the trail and it was questionable whether or not AARP continued to have any interest in the trail . It was decided that the signs for the trail should be removed and stored while refurbishing the trail was under consideration. Comnissioner Adams indicated that she would like to have a list of whatever additional item might be needed for improving the restrooms in the parks indicating that she wanted staff to continue to pursue finding soap dispensers which could be more vandalism proof. Director Mickelsen said that with the Commission's approval he would like to speak with the Police Department about the concept of sharing the expense for a regular police officer who would be assigned to patrol parks during the time of the year when our parks are most active. He said that over the years Park Patrol has been used, sometimes successfully and sometimes not. The Commissioners saw no difficulty with explorina this idea with the Police Department. Commissioner Adams inquired as to whether or not there were adequate funds for going ahead with Calle Guanajuato. Superintendent Gies indicated that for the work set aside for this year that he believed that there was. She also inquired as to the surface of the arched bridge now that winter was approaching again. She inquired as to whether or not heating the bridge from the under-side might work. Director Mickelsen indicated that staff would look into that concept. Ashland Parks and Recreation Commission Page 6 of 6 Regular Meeting - November 16, 1992 VIII. CORRESPONDENCE, COMMUNICATIONS, DIRDCl'OR'S REPORT A. Wiley Sub-Division Commissioner Pyle reported that he had been asked to attend a Planning Commission meeting to hear the discussion concerning the Wiley Sub-Division and a proposal to donate a portion of the hillside which faces downtown Ashland as Open Space in exchange for density points. He also indicated that some there was some discussion about the developers being required to set aside some flat area within a portion of the sub-division as a small recreational area. Commissioner Pyle indicated that he felt that the overall proposal was quite good. The Commission, after discussing the proposal , asked the Director to write a letter to the Planning Commission indicating that the Commission would support Mr. Wiley's proposal to dedicate that portion of the Wiley Sub-division designated on the open Space map to the Open Space/Park Program but would have no comEent concerning density points, and, that the open hillside slope would be of greater value to the entire community than a small recreational area within the development. B. Contract for building management The Commissioners reviewed a memorandum outlining a proposal that the City enter into a contract with the owners of the old armory to have the department administer the use of the building for community purposes along the guidelines of the Ashland Community Center and Pioneer Hall . By consensus the Commissioners concurred that they had no interest in overseeing the administration of the armory. IX. ITEMS FROM 00WISSIONERS None X. NEXT MONTH'S AGENDA Discussion of traction for Calle Guanajuato bridge. The next Regular Meeting was set for Wednesday, December 16, 1992 at 7:30 p.m. at the Hunter Park Building. XI. ADJOURNMENT With no further business, Chair Adams adiourned the meeting. Respectfull�ly� submitted, Ann Benedict, Administrative Assistant Ashland Parks and Recreation Department tausitsUovtnm.sE CITY OF ASHLAND - PARKS AND RECREATION COMMISSION REC'�iJi.AR )\�'I'I NG M I Nf_ITE S October 26, 1992 Chair Adams called the meeting to order at 7:00 p.m. at 340 S. Pioneer Street. ATTENDANCE: Present: Patricia Adams, Al Alsing, Teri Coppedge, Tom Pyle, Ken Mickelsen, Absent: Wes Reynolds I. ADDITIONS OR DELETIONS TO THE AGENDA None II. APPROVAL OF MINUTES Commissioner Pyle made a motion to approve the minutes of the Regular Meeting of September 23, 1992. Commissioner Alsing seconded. The vote was: 4 yes - 0 no III. BILLS AND FINANCES A. Approval of previous month's disbursements Commissioner Pyle made a motion to approve the previous month's disbursements as indicated by Payroll checks 115739 through 115815 in the amount of $35,369.34 and Payables checks 116933 through 117028 in the amount of $71,428 .48. Commissioner Alsing seconded. The vote was: 4 yes - 0 no IV. AUDIENCE PARTICIPATION ON THE AGENDA A. Memorandum from City Attorney on indemnification agreement Paul Nolte, City Attorney, was present in the audience to speak with the Commission on the Tayler Foundation Boards request for an indemnification agreement regarding the trust 's donations to the Commission. Mr. Nolte indicated that he had draft an agreement which limited the liability that: the Park Commission and Cit_v would assume to the statutory limits, a maximum of $500,000 per occurrence. He reported that Mr. Munsell, attorney for the foundation, was requesting an indemnification without such limitation. Mr. Nolte strongly recommended that the Commission not waive its statutory limit of liability indicating that it was inadvisable from a public policy viewpoint as well as legally. After brief discussion, by consensus the Commission.asked Director Mickelsen to contact the Chair of the Tayler Foundation Board to request a meeting of the full board to discuss the topic of the indemnification agreement. Commissioners Adams and Alsing, Director Mickelsen and Mr. Nolte would meet with the board to discuss the shape of the indemnification agreement. Ashland Parks and Recreation Commission Page 2 Regular Meeting — October 26, 1992 AUDIENCE PARTICIPATION ON THE AGENDA — continued B. Request for funds for SOSC baseball field upgrade Derek DeBoer and David Rydbom, Ashland High School seniors , made a presentation to the Commission regarding a fund raising drive to improve the SOSC baseball field on Iowa Street. Working in conjunction with Mt . Ashland Babe Ruth, Derek and David are seeking to raise $15,000 to renovate the baseball field. During their presentation they indicated that they were requesting $5,000 in support from the Commission, $5 ,000 from the Ashland School Board, and $5,000 through fundraising efforts throughout the community. During their presentation, Derek and David indicated that the SOSC field has deteriorated to the point that it is not an adequate or. safe playing field; "the grass is dead and the dirt is hard." Much of the labor and skill would be donated by interested parents and businesses. The SOSC field is used by local Babe Ruth leagues , the high school and an adult: baseball. program. Derek and David argued that because the field is needed by the community, perhaps the community would be willing to contribute funds so that the playing field will be adequate. Thev indicated that to make the field playable $5.000 would be spent on a well which would provide an adequate water source and $1.0,000 would be spent for dirt, sod, and irrigation. During discussion, Commissioner Alsing inquired about the plan for digging a well rather than using the T.I .D. water available to SOSC. Superintendent Gies explained that T.I .D. water comes on a little late and shuts down a little early for good turf maintenance ; and, to cut back costs, SOSC has reduced its flow of T.I .D. water to the area. Therefore. because of the cut back in the amount of water SOSC allocates for the Iowa Street complex, it is becoming increasingly difficult to maintain the playing fields . Commissioner Alsing said that because the property does belong to SOSC, he felt that the college should put something into the funding also. Director Mickelsen indicated that in his discussions with SOSC representatives that this Held is a very low priority for the college since they do not have a baseball program at this time and do no foresee beginning it again any time soon . Considering the digging of a well , Commissioner Adams inquired as to whether or not an agreement could be written with SOSC that that water would be used for the baseball field and for the adjacent softball field complex. Director Mickelsen responded that he foresaw no difficulty in having that guarantee written as an addendum to the Commission's existing agreement with the college for the softball complex. Commissioner Pyle inquired as to how Babe Ruth would be contributing to the project . Derek responded that Babe Ruth would be participating to help raise the third $5,000 for the community match. Commissioner Adams said that she appreciated the volunteer system but, if the Commission chose to invest in the project , she felt that some kind of guarantee would be needed to insure the quality of work. Director Mickelsen indicated that he had been working closely with the group interested in renovating the field and . believed that they would follow department guidelines as to quality of work. Ashland Parks and Recreation Commission Page 3 Regular Meeting - October 26, 1992 SOSC baseball field upgrade - continued Commissioner Pyle indicated that he was supportive of the project but felt that any funds which the Commission allocated should be contingent on the balance of the funds being raised so that the entire project could be completed. Commissioners Pyle and Adams also expressed interest in seeing the school district obligate their funds since school teams would use the facility heavily. MOTION Commissioner Pyle made a motion authorizing the expenditure of no to $5,000 in Brinkworth funds to the project to improve the playing surface of the SOSC baseball field on Iowa Street contingent on the Ashland School District allocating a like amount and the community contributing a like amount, and, also contingent on the quality of the improvements being acceptable to the Parks Department. Commissioner Coppedge seconded. Commissioner Pyle re-iterated for benefit of the audience that the way the motion is worded the Commission will only contribute like amounts to the other two sources. For example, if the School District and the community only were to contribute $3300 apiece, the Commission would only contribute $3300. The vote was: 4 yes - 0 no C. _Judie Bunch - Ashland's Marketplace Judie Bunch, operator of the Marketplace , was present in the audience to request use of Calle Guanajuato for the 1993 season, May through October. She indicated that 1993 would be the 10th year of operation for the Marketplace and also requested that the Commission consider authorizing a three to five year contract rather than the yearly contract which has been written previously. Commissioner Adams indicated that in adopting the renovation plan for Calle Guanajuato last spring the Commission had set aside certain areas as "usable space" but that it had not discussed since that time how the space would be used. She suggested that prior to making any commitments that the Commission meet in study session to review the plans and examine policy for use of the whole area in general, particularly on the "usable space" areas . The other Commissioners concurred that holding a Study Session on proposed use of Calle Guanajuato would be appropriate prior to setting an agreement with the Marketplace. Commissioner Adams requested that staff review the map of the area comparing where the new trees are located on the map and where they will precisely be located so that the "usable space" will be noted accurately for the Study Session. In preparation for the Study Session, the Commission asked staff to write a letter of inquiry to plaza businesses adjacent to Calle Guanajauto inquiring whether or not any business would be interested in using a portion of the "usable space Ashland Parks and Recreation Commission Page 4 Regular Meeting - October 26, 1992 VII. NEW BUSINESS A. Bid authorization for Community Center floor Superintendent Gies indicated that the department needed authorization to advertise for bids to replace the hardwood floor at the Community Center building. Funds for the new floor are included in the City 's budget. Because the department administers the facility for the City, Parks will take bids and coordinate the project . In response to a question as to how much department labor would be involved, Superintendent Gies indicated that department staff would rip out the old floor and check the underpinnings . It would be a quick process . The project is scheduled for February. MOTION Commissioner Alsing made a motion to advertise for bids to replace the hardwood floor in the Community Center. Commissioner Coppedge seconded. The vote was: 4 yes - 0 no VIII. CORRESPONDENCE, COMMUNICATIONS, DIRECTORS REPORT None IX. ITEMS FROM COMMISSIONERS Commissioner Pyle inquired as to developments on golf course issues . Director Mickelsen reported that the combined study which has been undertaken by the City of Ashland, City of Medford, and Jackson County would be presented on Thursday, October 29th at Noon at the Medford City Council Chambers. He recommended that the Commission select two Commissioners to serve as a Golf Course Committee to follow issues concerning golf courses and to represent the Commission at meetings if and when necessary. Chair Adams agreed that such a committee would be appropriate and volunteered to serve as one of the Commissioners on the committee. Commissioner Pyle volunteered as the second Commissioner. Commissioner Alsing reported that he and Commissioner Pyle had explored the slope of upper Lithia Park looking for a feasible way to construct a trail to the reservoir area on upper Granite Street . He said that it may take a long term commitment but felt that a trail would be possible. X. NEXT MONTHS AGENDA A Study Session was set for 5:00 p.m. on Monday, November 1.6, 1992 for discussions on policy for Calle Guanajuato and open space funding. The Regular Meeting was set for 7:30 p.m. on Monday, November 16. 1992. XI. ADJOURNMENT With no further business . Chair Adams adjourned the meeting. Respectfully submitted , Ann Benedict , Administrative Assistant Ashland Parks and Recreation Department i:teuansloasaeee.n CITY OF ASHLAND PARKS AND RECREATION COMMISSION SPECIAL. MF;F-rING M I NLJTES November 24, 1992 Chair Adams called the meeting to order at 7:00 p.m. at the Hunter Park Building. ATTENDANCE: Present: Patricia Adams , Al Alsing, Teri Coppedge, Tom Pyle, Wes Reynolds, Ken Mickelsen Absent: None I. ADDITIONS OR DELETIONS TO THE AGENDA None II. AUTHORIZATION TO ADVERTISE FOR BIDS A. Playground sand for Garfield Park Director Mickelsen informed the Commission that staff believes it has found a source for the quality of sand necessary to use as a playground surface and requested authorization to advertise for bids for sand for Garfield Park. Commissioner Coppedge inquired as to why sand had been chosen rather than bark chips. Staff indicated that it had not been possible to find a source for bark chips and that there had been numerous phone calls to the department from parents who were opposed to the use of bark chips because of the chance that children would get slivers from the bark. MOTION Commissioner Alsing made a motion to authorize advertising for bids for sand for Garfield Park. Commissioner Coppedge seconded. The vote was: 5 ves - 0 no III. OPEN SPACE FUNDING PROPOSAL The Commission reviewed information which staff had prepared along the guidelines suggested by Commissioners at the Study Session on November 16. 1992 regarding submitting a request to the City Council to place a 1% prepared food and beverage tax to fund the Open Space/Park Land Acquisition Program on the March 1993 ballot. Because there were several persons in the audience who were interested in the Commission's decision to recommend • prepared food and beverage tax, Commissioner Pyle asked the Chair to give • brief sketch of the events which lead the Commission to consider making this recommendation to the Council . Ashland Parks and Recreation Commission Page 2 of 4 Special Meeting - November 24, 1992 OPEN SPACE FUNDING - continued Chair Adams briefly reviewed the Commission's study of various funding proposals since the second proposal submitted to the voters by the Council was rejected in 1990. She indicated that earlier this year the Commission had held off from pursuing the initiative route which had been suggested by various Councilors when approached by two citizens groups, the League of Women Voters and Michael Donovan representing a Chamber of Commerce committee, which wanted to study the issue and attempt to develop a funding source which could uniformly be accepted by the community. She said that after studying the issue, the League of Women Voters had come up with a list of criteria which it felt that the funding source should contain and that, in the Commission's opinion, a 1% prepared food and beverage tax most fit that criteria. She also indicated that the Chamber committee had also developed a funding package for the program but that the Commission did not believe that this proposal was as equitably distributed among a broad base of the population and would not generate adequate revenue to support the program as adopted by the voters in May 1990. She indicated that this month the Commission had sent out a survey to all businesses in Ashland and, of the 1800 mailed out, 1644 reached existing businesses; of that 1644, 20% were returned with 52% indicating support for the Commission 's funding proposal and 35% indicating that they would not support the Commissions funding proposal . She said that after several years of listening to ideas, examining and studying the auestion of funding for the Open Space/Park Land Acquisition Program. the Commission again felt that: it needed to encourage the Council. to place a measure on the ballot which would fully and equitably fund the program. The Commission believes that funds derived from a prepared food and beverage tax. SDC's , and donations would best meet that goal . At the conclusion of the brief statement , she asked for comment from the audience . Lar= Cooper_{346 High__Street. Ashland) ._ Mr. Cooper indicated that he was owner of the Lith.ia Park Cafe, that he was a strong supporter of the Open Space/Park Program and also wanted a funding source for the program adopted. He said that he supported the Chamber's proposal, however, and not the Commissions proposal . The primary reasons he stated for opposition to the Commission's proposal were that if the State of Oregon adopted a sales tax it could possibly void a city adopted prepared food and beverage tax, that he was convinced that the community would be devastated by the hard fought campaign that the restaurant owners and employees in Ashland would wage to keep such a measure from being adopted, that it was not fair to come degree to single out one industry to collect a tax . and that it was a cumbersome and costly tax for the restaurants to administer. Ashland Parks and Recreation Commission Page 3 of 4 Special Meeting - November 24, 1992 OPEN SPACE FUNDING - continued Michael Donovan (1120 Beswick Way, Ashland) . Mr. Donovan said that his major opposition to a prepared food and beverage tax was that, other than the Hotel/Motel industry which already had a specific tax, it singled out a certain segment of the business population to bear the administrative burden of collecting a tax and would require that those businesses submit their books to an annual audit by the City. He briefly outlined his efforts in working with the Chamber of Commerce and its Committee of 10 to dialogue with the business community and devise a funding source which could be accepted by the business community as a whole. He said that the Chamber Board had also conducted a survey sending inquiries to the 625 member businesses and that of the 139 who responded 769 indicated that they were in favor of the Open Space program, 609 were in favor of the Chamber's funding proposal , and 359 were opposed to the Chamber's proposal. He outlined the Chamber's funding proposal which consists of an increase in property taxes, an increase in the business license fee. SDC's and donations indicating that the Chamber's proposal would generate less income than the Commission's proposal but that it was based on the premise that donations should play a larger part in support of the program. Leo Hall (Leo's Campus Drive-Inn)_.._ Mr. Hall indicated that he felt that if a prepared food and beverage tax were adopted that Ashland could be seen as a town that focused on taxing the tourists and that this impression would act negatively on the tourism industrv. He said that it did not seem proper to tax tourists for neighborhood parks. He said that because restaurants exist with a small pre-tax margin. he felt the burden would be too much for some businesses where owners work long hours just to survive . During comment from the audience. Commissioners and members of the audience exchanged ideas on the pro's and con's of both funding proposals and their differing opinions on those pro's and con 's . Mr. Donovan invited the Commission to reconsider recommending its funding proposal to the Council and to join the Chamber Board in support of the Committee of 10 's proposal. The Commissioners, likewise, invited Mr. Donovan et al to reconsider submitting the Committee of 10's funding proposal to the Council and to join in endorsing the Commission's recommended proposal . MOTION At the close of public comment. Commissioner Alsing expressed his appreciation to those in the audience who spoke to the Commission about their concerns regarding adopting a 19 prepared food and beverage tax, however, he also indicated he did not agree with all of their comments . He then made a motion to recommend to the City Council that it prepare a ballot measure for the March 1993 election which would propose a funding t Ashland Parks and Recreation Commission Page 4 of 4 Special Meeting - November 24 _1992 OPEN SPACE FUNDING - continued package for the Open Space/Park Land Acquisition Program which would include a 1% prepared food and beverage tax. SDC funds, and donations and tax incentives with the understanding that the park tax levy would support a portion of development costs and all on-going maintenance costs for the acquired property. Commissioner Reynolds seconded the motion. The vote was: 5 yes - 0 no The Commissioners briefly discussed the fact that the 1% prepared food and beverage tax has a growth potential which would be important over the next 17 years, and, that they believed that it was important not to establish a fixed increase on the property tax rate for the City at this time because that revenue source may be needed for other city services. IV. ADJOURNMENT With no further business, Chair Adams adjourned the meeting. Ress�pec)tful1v submitted. Ann Benedict . Administrative Assistant Ashland Parks and Recreation Department 1:MINUT9S\SP-N0V24.92 Monthly Building Activity Report: 11/92 Page 1 # Units Value SINGLE/MULTI-FAMILY & TOURIST ACCOMODATIONS: Building: ACCESSORY UNIT 10, 200 ADDITION 22 ,600 BATHROOM ADDITION 5, 000 CARPORT 13 ,800 COTTAGE 1 40,867 DECK 3 ,500 DEMOLITION 0 FENCE 4, 125 GARAGE/STUDIO/STORAGE 36,000 INTERIOR REMODEL 10,000 POOL 11,000 _ REMODEL 45,000 REMODEL & ADDITION 188,000 REMODEL/BAY WINDOW 15,000 REROOF 3 ,624 REROOF SHED 500 SFR 7 634, 004 Subtotal: $ 1, 043 , 220 Electrical: 1 BRANCH CIRCUIT 885 2 BRANCH CIRCUITS 350 COMPLETE REWIRE 7, 000 ELEC HOOKUP FOR POOL 400 ELECTRIC 1, 295 ENTRY VOIDING 9211082 -500 INSTALL ENERGY PACK 3 , 000 SERVICE CHANGE 1, 200 TEMP POLE 150 VOIDED ON 11/30/92 500 Subtotal: $ 14,280 Mechanical: 2 , 700 GAS FURNACE/GAS LINE 2,798 GAS HEATER ONLY 3, 853 GAS LINE 2, 500 GAS LINE FOR WH & STOVE 600 Monthly Building Activity Report: 11/92 Page 2 # Units Value SINGLE/MULTI-FAMILY & TOURIST ACCOMODATIONS: Mechanical: GAS LINE/RANGE 350 GAS PACK 3,975 GAS SPACE HEATER 200 GAS WALL HEATER 1, 623 GFAU VENT 18, 682 WATER HEATER 385 WOODSTOVE 1, 048 Subtotal: $ 38,714 Plumbing: IRRIGATION 1, 100 SEWER LINE 1,400 SPRINKLER SYSTEM 60 Subtotal: $ 2,560 ***Total: $ 1, 098,774 COMMERCIAL: Building: COMM BLDG SHELL 419, 030 PUMP & STORAGE HOUSE 5, 052 REPAIR CEILING 2, 000 REPL CONCRETE LID 270, 000 WHEELCHAIR RAMP 1, 100 Subtotal: $ 697, 182 Electrical: ELECTRIC 715 FEEDER 200 Subtotal: $ 915 Plumbing: 300 SEWER LINE 2,005 WATER LINE 0 Monthly Building Activity Report: 11/92 Page 3 # Units Value COMMERCIAL: Plumbing: Subtotal: $ 2 ,305 ***Total: $ 700,402 ---------------------------------------------------------------- ---------------------------------------------------------------- Total this month: 87 $ 1,799, 176 Total this month last year: 96 $ 1,793,953 Total year to date: 508 $ 7,752, 740 Total last year: 516 $16,527, 407 _ This month This month This year last year Total Fees: 20, 047 22 , 046 100, 626 Total Inspections: 470 493 2485 NEW CONSTRUCTION: 11/92 RESIDENTIAL PAGE NO. 1 12/29/92 ADDRESS #UNITS CONTRACTOR VALUATION ** COTTAGE 174 NORTH MAIN ST KNECHT, ALEX 40867.50 ** Subtotal ** 40867 .50 ** SFR 166 PATTERSON ST MEDINGER CONST. CO. INC. 63170. 00 1235 KIRK LN COX, FRED--CONSTRUCTION 94417. 00 1051 TOLMAN CREEK RD ABODE BUILDERS 94205. 10 480 POPLAR PL MEDINGER CONST. CO. INC. 64117. 00 1262 KIRK LN OWNER 84145. 05 _ 485 POPLAR PL MEDINGER CONST. CO. INC. 56950. 00 194 LOGAN DR LEE, WAYNE 177000. 00 ** Subtotal ** 634004. 15 *** Total *** 674871. 65 NEW CONSTRUCTION: 11/92 COMMERCIAL PAGE NO. 1 12/29/92 ADDRESS #UNITS CONTRACTOR VALUATION ** COMM BLDG SHELL 0 HELMAN ST OWNER 419030. 00 ** Subtotal ** 419030. 00 *** Total *** 419030. 00 ASHLAND POLICE DEPARTMENT Monthly Activities for November, 1992 INVESTIGATIONS November. 26- Birmingham, Alabama contacted this department requesting assistance with a possible murder investigation. A subject currently in jail in Alabama has confessed to committing a murder near Mt Ashland in the late 1970s. The Detective Division is assisting in this case investigation. PATROL November IT Patrol served a search warrant at 258 Garfield St resulting in the recovery of property that cleared several major Burglary and Theft cases. Three SOSC students were arrested and lodged in Jackson County Jail. Officer Tan Cook worked this case from start to finish and did an excellent job! Another interesting case this month resulted from a 9-1-1 trace. Four Hispanic males were subsequently arrested for possession of stolen property, approximate value $6,000, and lodged in the County Jail. Recovered items ranged from stolen razor blades to a stolen gun. Officer Jim Aldennan did an excellent job! Officer Alderman completed his basic two week BPSST requirement. Ashland Police hosted a report writing class presented by Agent Mike Miller. Several officers attended various training classes this month. Some of the classes topics included: 'Employee Motivation", 'Train The Trainer; 'Shoot Don't Shoot'; and 'Physical Fitness" Day Shift is currently working foot patrol. Swing Shift processed I1 cases of shoplifters detained in retail stores. Six of the arrests were a single outlet which recently installed electronic sensors to detect unpaid merchandise leaving the store. CRIME PREVENTION No report this month. PEDESTRIAN AND BICYCLE SAFETY No report for the month. POLICE RESERVE Training- 226 hours Patrol - 88.5 hours Meeting - 10.5 hours Special Assignment - 2 hours Total - 327 hours The reserves now have two teams established to compete in the next, "Lets Get Physical" challenge. This is a combat shooting competition held in Grants Pass for local Law Enforcement officers. During November the Reserves all passed the required qualification shoot. Top shooter was John Glassy. Training was also provided on, "Shoot Don't Shoot". EXPLORERS The Explorers donated 49 hours of service in November. The Explorer Post donated 100% participation in the Halloween patrol. Firearms training was provided by Officer Grove. The Explorer Post will participate in the December Open House. COMMUNITY SERVICE VOLUNTEERS No report for the month. PARKING Parking cites issued -573 2 C'OMMUNICATIONSIRECORUS The Communications division received 5,773 phone calls, 462 were 911 calls. Police Cases 617 Medical Runs 48 Fire Runs 22 Ashland Life Support Runs 41 CODE COMPLIANCE OFFICER There were 25 inspections performed this month. Property/Evidence handled - 88 3 ASHLAND FnUt.F. PFfPPi MFL't fFEATERr CPIISBLIDA?ED INCOPII REPORT 12/04;-,2 11:22:12 MOVENPER 1472 1!9. Dr CLA 31FICATIVII REPORTED n FFEMSES CASES CLEARED LLEAEEICE RA APREST G1AF:^ES "F OFFENSES ACTUAL ACTUAL ACTUAL % CHANCE a THIS NP11TH vriIr !P " i F THIS THIS LAS! 'VEAP III MIS TN15 LAST THIS THIS LA,1 M9NTH YIP YTP DATE 11911111 'IID YID , MOUTH Y1O YID tp4 ADH" TOIAL 311',% PAP,T 1 LPIMIPAL 119MICIOE IOURDER I Alls1.AL•FH:ER ogrE ! 9 + 14,3 % 4 4 50,04; c'"FPEP'V 2 P1 3 + 765.7 25.7% ^nFFA'!ATED A31 T 2a (O ♦ 12n.V, 7 14 !.. 63.6". 6'y.nX ! ! I " 1 4 1 PULPY nEEITIME 11? 72 79 7.7 % I 14 19,A% 4.7'4 17,7% NON-PcF E Cc 2 6 ^3 15 5.0X 22.2% LPRMII fT'IFFi "OrLIFTplg 15 139 129 + 1.6 % II IIII 104 73.27 nix P1.'ry THEFT FF:OM H? it 1!9 136 12.2 % 2 7 1 7^ MV FAPIP-ACLESS 91CVCLE THEFT tic ?!, I17 - I?. 7, I 5 7•!% 6.3% 5 '"' THEFT crnN PLOS ID ? Ti 9.7 % 1 12 211 9TPEF. THEFTS 7 IP9 195 ! I.I ' 3 24 M910R, PEN THEFT 2 46 37 + 24.3 % 13 1? 27.3% 32.4% rASP11 h 12 l9 + 29.A % 4 5 33.3% 59.01 3 FRPT I TO TAL 91 29? 749 - 6.? It 17 207 233 21.9% ?3.77, P4.M 4 !` 1" ^! 15> ;PT II 5 clip,.-E A5•r;A1'lr; tl it"'3 193 17.4 ", 9� E6 52.E" 6^.`.% 64.IX 4 3 it c F^.F^E !'Ap!IiEFFETT I IP4 + 39.7 % n? '.8 12 3nr,,n% 46.2."• IL.PX ? - FPA9P CHEM I 129 192 + 26.5 % 1 514 36 1(!0.0% 41.7% 35.3% CREDIT CARPS 2 it 0 + 37.5 Y, 5 3 45.5% 37.57 OTHER "'Plin 14 51 45 + 13.? % 5 I6 15 35.7; 3L4% 32.3v EMPEZZLE"ENT 12 9 F Sn,q % 6 Sn,p% 07.5: 4 1PO,A% 66.7% P0.9% R 3 I STP,EN FPOrFPTV 1 3 5 - 40,9 % 1 2 r ] 14 •- :'A!IPAL!SN 26 35i 3E3 - 1.� X 3 :i2 P4 11.5% Ih.6"• 22.0". r HEAT^IIF 9FFENiEi 1 7 4 + 75,9 2 7 4 2!'9.'7% !00.0% Inn,p% P 2 I prngl!1p?!p!1 I 7 ;F1 .PINES. 2 39 14 +171.4 !! 14. 6 25:96 uP,5. . 1:ARCOTIC'DP.9O? 2 5+ 3.:. 57.3 4 43 3n 200.9% 72.6X F5.7": 4 4 !!F' D I!ST FANIL'r 2 19 ?I 1! .7.6 2 3 EF.G' 1.'BPER I!ffUl" 13 129 Ina 119 1^2 119VOR IAt" 5 155 149 + 4,7 136 13. i.? ASHLAND fCLICE Dk".FARTMENI "(;" " rl'EAjEp. CUNSOLIDATED Ill!.IDENT REPIIRI NOVEMBER 1972 C:ASpIFIir!ICfI REFORTED OFFENEES + A CASES CLEARED k A CLEARENCE RATES k + NO. V ARREST C!WwkS OF JFFEa71'3 IICTIIN. ACTUAL ACTUAL % CHANGE TR13 1111'. LA6l YEAR TU THIS THIS LAST THIS THIS LAST THIS DPW 7E:.R TU i�il 11UNU1 VID YID DATE MOIITII YTD Y18 moNlll YTD YID JUV ADU:T TOTAL iU7 M1;1T E:.51 Ii1 ;3dff!C I'h1I1E HIT L fii:dl is 175 122 + 43.4 % 2 IS 16 11.1% 8.6% 13.1% 3 3 2 (3 FECFLE3S DR1Y 8 4 - 11.1 % 5 5 62.5% 55:6X LLUSINO 3 2 66.7% 6.9. MULE SASE 3 23 22 + 4.5 X 3 22 22 100.0% 95.7% 104.0% 3 3 E' FT ( IEI' DRV LIT, 1R4F ACC.-FATAL 2 2 - 1 50.0% TF:AFF ACC.-INJURY 5 83 59 + 43.1 % 2 6 5 40.0% 7.2% 8.6% TRAEF FCC-PRP DAM 29 216 210 a 2.9 X 1 7 5% 3.3% F _H IiAF.iIIE 'j WL;.;IIfl; !CI EM, At !EN CUS18D7 3 U6F.861l13 2 2B 77 - 63.6 % 2 27 77 1'30.0% '96.4". 100.0% 3 M' REC'1RD OTHER 1 5 00.11 % fAOP RECI:RD-OTMER 4 - 1013.0 % F:IC1I1'JES 4 55 65 13.9 '{ 4 56 65 100.1'X 100,0% 00.0% 1 6 11 I5 56 l!S310u FE'r.SOiii 4 5 JICEf, fE:A1!iiEIII'i 3 15 - 50.11 :i I 1215%. SUICIDE'ATNFT 12 !'1 ee"0,0 OTHER ACT."IDEHIJ 2 100.11 % AfIN'. 6i?OSiEIT3 24 307 269 + 14.1 X 6 6 2.0,, 2.2;1 FEN ER !.'F:C 31 333 324 r 2.9 % I 3'% Ar"NIJONEG AU10 34 273 213 + 25.2 X 6 2.8% ECICATE UAL'( AUTU ICFO!JI1!1 AUTO 34 32 + 6.3 % i,SSIST. RENDERED 73 866 695 + 24.6 '6 3 3X DOIIESIIC FC06LEM3 3 75 43 74.4 % !IISECURE FF:EMISES 4 77 120 - 35.8 X SUSF FER. CIRC. 38 593 461 + 29.6 X fUELIC S�FET4' 2 50 51 2.0 D;SFUFHi,iC:8N01SE 32 673 655 + 2.7 % 3 1 4% 2% S!CF'. CI;F.EL; FOR ? 189 134 + 41.0 Y. 1 5% Ml.F'.IIIE ACT IVME3 I 1 i:rJFIC.ROADS 34 424 316 + 34.2 '% ' ! 3% CI4iL COffLAIHIS 32 37 - 19.0 '•' VEH DISFUSITIOU ALAW13 SU[tiDRir CONFIRMED 5 1 + 400.0 % F;LSE 5 164 182 9.9 % I I 20.0% 6% r?CCIGEHI:;L 3 17 10 + 70.0 % FAULTY 2 4 4 OTHEF 1 1 3 66.7 'S SUBPOENAS ASSLT AB OFFICERS 1 2 50.0 % 1 2 100,OX 100.01h, Oillip, HISC 4 76 81 6.2 X 1 2 1.31 2.5% FAE.T Ili !HTA.I 364 4817 4242 + 13.6 % 14 152 218 3.91 3.2% 5.1% 1 IS 16 20 !:i 4R 00 "TOTAL 539 77F5 7111 + 9.4 X o9 1178 1287 15.1% 15.1% 18.1'. 37 90 129 373 ll!: ASHLAND POLICE DEPARTMENT , COMMUNITY SERVICE VOLUNTEER PROGRAM FOR STAFF USE ONLY ________________________________________________________________ TO: CITY ADMINISTRATOR MONTH OF NOV 1992 NUMBER OF VOLUNTEERS REPORTING ' NUMBER OF DAYS WORKED NUMBER OF HOURS WORKED / � JOHN " E" . .�E' � �, � T ( ^� , DIRECTOR OF COMMUNITY SERVICES `, " ` // PAGE NO. 1 12/17/1992 COMMUNITY SERVICE VOLUNTEERS SUMMARY MONTHLY REPORT FOR NOVEMBER, 1992 VOLUNTEER ACTIVITY S3 NUMBER DAYS HOUR' WORKED WORKED ~ �* AARP RETIRED EXECUTIVE ** Subtotal ** 3 11 ** ADULT LEARNING CENTER ** Subtotal �* 7 16 ** BLOOD PRESSURE CLINIC ** Subtotal ** 1 3 �$ CAR WASH ** Subtotal �* 4 9 ** CHAMBER OF COMMERCE *$ Subtotal ** 3 12 ** COMPUTER ENTRY �* Subtotal *� 13 70 ** COURT OFFICE ** Subtotal ** o 14 70 ' $$ CVS OFFICE ** Subtotal ** 20 76 ' ** DA COURIER ** Subtotal ** 6 14 ** EXTENDED CIRCLE ** Subtotal ** 2 6 ** FORENSIC LAB ** Subtotal ** , 2 9 *$ FRIENDLY VISITOR ` ** Subtotal ** 2 4 � PAGE ND. 2 12/17/1992 COMMUNITY SERVICE VOLUNTEERS SUMMARY MONTHLY REPORT FOR NOVEMBER, 1992 VOLUNTEER ACTIVITY SS NUMBER DAYS HOURS WORKED WORKED ^ ** HISTORIAN ** Subtotal ** 14 82 ** LIBRARY, PUBLIC ** Subtotal ** 16 52 ** LOAVES AND FISHES ** Subtotal ** 69 213 ** MAIL COURIER *� Subtotal ** 44 88 ** MUSICIAN ** Subtotal *� 1 2 ** OMBUDSMAN ** Subtotal �* 8 16 ** PUBLIC SCHOOLS ** Subtotal ** ^ 10 29 ** QUILTING ** Subtotal �$ 2 9 ** RECYCLE ACTIVITIES ** Subtotal ** 3 6 ** SECURITY (PD) ** Subtotal *$ 3 7 ** SENIOR PROGRAM OFFICE ** Subtotal ** / 25 103 ** SHAKESPEAREAN FESTIVAL ** Subtotal ** 24 110 PAGE NO. 12/17/1992 COMMUNITY SERVICE VOLUNTEERS SUMMARY MONTHLY REPORT FOR NOVEMBER, 1992 VOLUNTEER AC:TIVIT'Y SS NUMBER DAYS HOURS WORKED WORKED SHOPPER (NURSING HOME) •k. Subtotal 6 1.2 , 8: STATISTICS/ANALYSIS Subtotal :* 10 1.2 TRANSPORTATION DRIVER k Subtotal 4 S Total f:S: 316 1069 AEmoranAnm '..ORIGOd ,. January 5, 1993 �y(1: Honorable Mayor & City Council r- rLIM: Brian L. Almquist, City Administrator ix(ItQt 1993-94 Electric Rate Forecast State law in O.R.S. 222.230 requires the administrator of each, municipal utility to annually: (1) make an estimate of operating ' expenses for the coming fiscal year; (2) project rates sufficient to meet those expenses; and (3) maintain a reserve fund to meet future. system requirements. This analyses and report are to be submitted to the Council before the end of the fiscal year, but need not be acted upon until the budget is presented for the ensuing year. Therefore, in accord with State law, the Staff has prepared the attached estimate of Electric Fund revenues and expenditures for 1993-94. In November of 1992, B.P.A. provided preliminary information indicating that rates would be increased by approximately 14-16 percent effective October 1, 1993 . Discussions are currently underway, with the three customer groups of B.P.A. , who are seeking to hold the increase to the 12-13% range. The major factors driving the increase are as follows: (1) Historic low flows in the Columbia River basin, causing lost sales of surplus power to the Southwest. (2) Water releases from the various dams to enhance fish passage, which also contribute to lower wholesale power sales to the Southwest. (3) Higher fish and wildlife expenditures mandated by the N.W. Power Planning Council and the National Marine Fisheries Service. (4) Lower world aluminum prices, resulting in lower revenues from B.P.A. 's direct service customers. The rate paid by these customers is a variable rate tied to world aluminum prices. (5) Higher costs of purchased power to replace lost capacity due to the drought and required water releases for fish passage. As of July 1, 1992, the City's electric rates, including utility taxes, were made equal with those of Pacific Power & Light Co. Also attached is the most recent summary of Ashland's position in relation to the 49 Oregon cities over 5,000 population. You will note 1993-94 Electric Rate Forecast January 5, 1993 Page Two that when property taxes and electric charges are combined, this survey shows that Ashland ranks 47th in terms of being the least expensive place to live in Oregon. Based on a preliminary forecast of revenues and expenditures, and taking into account the anticipated increase in B.P.A. wholesale rates, the total cost to cosumers would need to be increased by about 10 percent effective July 1, 1993 (about $4.66 per month for the average residential customer) . A proposed increase of this approximate amount will be reflected in the 1993-94 budget. The final increase will depend on updated revenue and expenditure data, as well as specific budget proposals submitted by the Electric Utility Director and Energy Conservation Coordinator. B.P.A. is expected to release its preliminary budget some time this month and although the final number will not be known until after July 1, it should not vary significantly from the announced figure. RECOMMENDATION: No action is necessary by the City Council at this time. Attachments (2) (d:%b=\bpn193-94f=.M=) SG EL mA' ZL IL OL 59 99 Original - ,ELECTRIC FORECAST Forecasf" ss Budget Estimate' Budget 99 1992=93 1992-91 1992+=94 69 E9 RESOURCES Z9 19 O9 $ 1, 225 o00 $,t 934, 500 Fund Balance $ 614,870 ;- es a`3 ,2,xC,Otr 191J;000 'brahta .. '•n-.^_,000 - Ls "7; 113 '060 6 900,!000 'Sales,- 7, 980,8Cw ,"=!' 9s 65, 000 180,00(-) .Miscellaneous Revenues 180, 000 ss 4L Es 8, 7_5, 000 e, 254, 500 Total 9, 107, 670 OS s,ce ,53 B4 REQUIREMENTS L4 99 Sr Conservation 44 " 187,860 = 181 , OQcr `Personnel= "ser•vi"ces ?L 1' 0, 6 C ' F: ev 1 ":175, uCj0` 'Materials andx'Services L°f 289 510 ' 477, _70 356, 000 Total Conservation _ ° rvatian Division 0, E e LE d.r¢4 El ec t ric Department E P 830 848,`130 art Personnel services 91.2,480 E 0��Cr 4;200,, ) . ." Pdrehased'.�powere:,. E Purchased Power Increase 424, 100 lE E 718, 000 708, 000 Franchise tax 816, 080 z 500, 000 500, 000 Central Services 500, 000 z 381 ,59 0 05,,CrCtt� ===Other"materi alts; and serva ces zra s �l>, U a Lz 87�a 000 638.CrUi7° Cape tal„;outl aye a M 650,OtrO sz r;275;C1h0 � �>� �, Operatingconti,ngency." oz 85, 500 84,500 Transfers - Debt Service ,': ,000 388, 710 614, 870 Unappropriated end balance 607, 840 zz OZ� a "'8,257,630 .:7,:39%SC Q>,, ota Elec• ricr epartmen Ll 91 $ 8, 735, 000 $ 8,254,500 41 ----------- ----------- ------------ E1 ZI ra szs+sa IS" a ubta' L P�"iav ,a,.: OI .� ,aw' x k18a am F.a 2,�6 R, .. . . ,mtze 9 L 9 S ► 3 f S{ a21 �S LJ COMPARISON OF ANNUAL ELECTRIC UTILITY COSTS & PROPERTY TAXES AS OF 7-17-92 ANNUAL ELECTRIC CITY TAX LEVY 1991 1000 KWH 1991-92 $100, 000 GRAND RANK POP. CITY UTILITY MONTHLY YEARLY RATE VALUE TOTAL ------------------------------------------------------------------------- 1. 17,900 ROSEBURG PP&L 51.83 621.96 9. 37 - 937.00 1558.96 2 . 6,975 SWEET HOME - PP&L 51.83 621.96 9. 14 914. 00 1535.97 3 . 7, 475 COTTAGE GROVE PP&L 51.83 621. 96 8.69 869.00 1490.96 4 . 15, 065 COOS BAY PP&L 51.83 621.96 8.45 845. 00 1466.96 5. 33 ,775 ALBANY PP&L 51.83 621.96 8.22 822. 00 1443.96 6. 10, 000 ASTORIA PP&L 51.83 621.96 8. 11 811. 00 1432.96 7. 6, 025 LINCOLN CITY PP&L 51.83 621.96 7.93 793.00 1414.96 8. 110, 360 SALEM PGE 49. 10 589 .20 7.90 790.00 1379.20 9. 17, 990 KLAMATH FALLS PP&L 51. 83 621. 96 7.53 753 .00 1374.96 10. 15,440 PENDLETON PP&L 51.83 621.96 7.49 749.00 1370.96 11. 10, 130 HERMISTON PP&L 51.83 621.96 7 .48 748.00 1369.96 12 . 453, 065 PORTLAND* PP&L/PGE 52 .98 635.76 7.32 732 .00 1367.76 13 . 117, 155 EUGENE CITY 42 . 15 505.80 8.49 849.00 1354.80 14. 8,540 NEWPORT CLPUD 51. 61 619 . 32 . 7. 35 735.00 1354.32 15. 5,725 SILVERTON PGE 49. 10 589 .20 7.34 734. 00 1323 .20 16. 45,780 CORVALLIS PP&L 51.83 621. 96 6.92 692. 00 1313.96 17. 11,840 LAGRANDE OTC 49. 11 589. 32 7.20 720.00 1309. 32 18. 7,870 REDMOND PP&L 51.83 621.96 6.75 675. 00 1296.96 19. 9,470 ONTARIO IDAHO 48. 10 577. 20 7. 15 715.00 1292.20 20. 9,730 NORTH BEND PP&L 51.83 621.96 6.70 670.00 1291.96 21. 16,760 OREGON CITY PGE 49. 10 589.20 6.90 690. 00 1279.20 ' 22 . 11,130 THE DALLES PP&L 51.83 621.96 6.35 635. 00 1256.96 23 . 10,420 GLADSTONE PGE 49. 10 589 . 20 6.34 634. 00 1223 .20 24. 9, 275 BAKER OTC 49. 11 589. 32 6. 15 615.00 1204.32 25. 11, 075 LEBANON PP&L 51.83 621.96 5.61 561.00 1182.96 26. 9, 560 DALLAS PP&L 51.83 621.96 5.48 548. 00 1169.96 27. 7,715 CENTRAL POINT PP&L 51.83 621.96 5.47 547. 00 1168.96 28. 45, 380 SPRINGFIELD CITY 41.00, 492 . 00 6. 62 662. 00 1154.00 AVERAGE 47 .07 564 .88 5.78 578.49 1143.37 29. 49, 050 MEDFORD PP&L 51.83 621.96 5. 14 514. 00 1135.96 30. 5,420 SEASIDE PP&L 51.83 621. 96 4.92 492. 00 1113.96 31. 13,525 WOODBURN PGE 49. 10 589. 20 5.24 524.00 1113.20 32 . 31,545 LAKE OSWEGO PGE 49. 10 589. 20 5. 13 513. 00 1102 .20 33 . 19,450 MILWAUKIE PGE 49. 10 589. 20 4.93 493. 00 1082 . 20 34 . 17, 160 WEST LINN PGE 49. 10 589.20 4 .77 477. 00 1066.20 35. 18, 615 MCMINNVILLE CITY 30.26 363 . 12 6.97 697.00 1060.20 36. 16, 220 TUALATIN PGE 49. 10 589.20 4 .68 468. 00 1057.20 37. 71,225 GRESHAM PGE 49. 10 589 .20 4. 62 462. 00 1051.20 38. 17,785 GRANTS PASS PP&L 51.83 621. 96 4.03 403.00 1024.96 39. 39,500 HILLSBORO PGE _ 49. 10 589. 20 4.32 432.00 1021.20 . 40. 5,515 PRINEVILLE PP&L 51.83 621. 96 3 .94 394. 00 1015.96 41. 57,290 BEAVERTON PGE 49. 10 589.20 4.05 405. 00 994.20 42 . 9, 370 CANBY CITY 42. 12 505.44 4.87 487. 00 992 .44 43 . 22,505 BEND PP&L 51.83 621.96 3 .38 338. 00 959.96 44. 8, 195 TROUTDALE PGE 49. 10 589.20 3. 57 357.00 946.2 45. 6, 520 MONMOUTH CITY 37.50 450.00 4.49 449.00 899.00 46. 13 ,830 FOREST GROVE CITY 37.50 450.00 4. 37 437.00 887. 00 y'' 4:' n_,n,.:...,.:,..�'<..;�.:.:',.'❑:. A.. )�£.,..a.c.:i:?..:e:<.:::: '......_::.:..,.....e,nn _...F .... .> :iti.. ��i:�.:l�nx:9!i;Fs7,.,,.1�::.: �w <., .. n .ceu.: 48. 7,620 ST. HELENS PGE 49. 10 58'9':'20< " 1 86 "i>80:00 " "v 775" 2(1 49. 5,580 MILTON-FREEWATER CITY 39.80 477. 60 2.82 282.00 759.60 ASHLAND IN RELATION TO AVERAGE: +5. 7$ -58% -26.7% *INCLUDES UTILITY USERS TAX Contents of Record for Ashland Planning Action 92-094 REQUEST FOR A ZONING ORDINANCE TEXT CHANGE TO ALLOW RECREATIONAL VEHICLE PARKS AS A CONDITIONAL USE IN THE E=1 ZONE (CHANGE 18.40 OF THE ASHLAND MUNICIPAL CODE). APPLICATION ALSO INVOLVES A CONCURRENT REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW LOCATION OF A RECREATIONAL VEHICLE PARK AT THE SOUTH END OF CLOVER LANE. COMPREHENSIVE PLAN DESIGNATION: EMPLOYMENT; ZONING: E-1; ASSESSOR'S MAP #: 14; TAX LOT: 703, 900, 1000, 1100. APPLICANT: RUDOLPH J. WERTEPNY Public Notice of City Council Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Minutes of Planning Commission Meeting 12/8/92 . . . . . . . . . . . . . . . . . . . 2 Public Notice of Planning Commission Meeting . . . . . . . . . . . . . . . . . . . . . 5 Planning Department Staff Report Addendum I . . . . . . . . . . . . . . . . . . . . . . 6 Minutes of Planning Commission Meeting 9/8/92 . . . . . . . . . . . . . . . . . . . 10 Planning Department Staff Report 8/11/92 . . . . . . . . . . . . . . . . . . . . . . . . 17 Letter from Scott Morrell . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Testimony Request forms with written comments . . . . . . . . . . . . . . . . . . . . 28 Letters of support for RV Parks within City . . . . . . . . . . . . . . . . . . . . . . . . 31 Letter from Talent Irrigation District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Planning Department memo for Study Session 10/27/92 . . . . . . . . . . . . . . 38 Supporting information for study session 10/27/92 . . . . . . . . . . . . . . . . . . . 39 -- Applicant's Economic Impact Report . . . . . . . : . . . . . . . . . . . . . . . . . . . . . 56 -- Applicant's proposed ordinance amendments . . . . . . . . . . . . . . . . . . . . . . . 58 Applicant's proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 -- Letter from Talent Irrigation District . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 - Topographic map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 Letter from Talent Irrigation District . . . . . . . . . : . . . . . . . ... . . . . . . . . . . 82 Topographic map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83' LARGE ITEMS NOT INCLUDED IN PACKET: Album of photographs of submitted by Joann Johns yKwc/ Notice is hereby given that PUBLIC HEARING on the following request respect adopyo(dlecritriaam avdocumenaandtionatn000sdupwillbe provided g 9 P and applicable criteria am available(orinspection at no cost and vnll beprovided ac LAND USE ORDINANCE will be held before the reasonable, cost if requested. A copy of the staff report will be available for ASHLAND CITY COUNCIL on the 5TH DAY inspection seven days prior to the hearing and will be provided at reasonable cost, if requested. All materials arc available at the Ashlarid Planning Department,Gty OF JANUARY, 1993 AT 7:30 P.M. at the HA 20 East Main,Ashland,OR 97520. ASHLAND CIVIC CENTER, 1 175 East Main During the Public Hearing,the Mayor shall allow testlmony from the applicant and Street, Ashland, Oregon, those in attendance concerning this request The Mayor shall have the right limit the length of testimony and require that comments be restricted to the applicable criteria. The ordinance criteria applicable to this appliationareon the reverseof this notice. _ Oregon law sates that failure to raise an objection concerning this applintion, if you have any questions or comments concerning this request,please feel free to either in person or by letter,or failure m provide sufficient specificity to afford the contact Susan Yaws atthe Ashland Planning Department,City Hall,at 488.5305. decision maker an opportunity to respond to the issue,precludes your right of appeal to the land Use Board of Appeals(LUBA)on that issue. failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. t.. .._ T Iau.r.•n-[ j <Mc io ' , . . . I ; ��a• ,.,_,cab 0 aM i 6• ttP 14.1 Vr4Nf7Y MAP PLANNING ACTION 92-094 is a request for a zoning ordinance text change to allow recreational vehicle parks as a Conditional Use in the E-1 zone (change to 18.40 of _ the Ashland Municipal Code). Application also involves a concurrent request for a conditional use permit to allow location of a recreational vehicle park at the south end of Clover Lane. Comprehensive Plan Designation: Employment; Zoning: E-1; Assessor's Map #: 14; Tax Lots: 703, 900 1000, 1100. APPLICANT: Rudolph J. Wertepny . r Ashland Planning DRAFT December 28, 1992 ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES DECEMBER 8, 1992 CALL TO ORDER The meeting was called to order at 7:10 p.m. by Chairperson Barbara Jarvis. Other Commissioners present were: Armitage, Hibbert, Powell, Bingham, Thompson, and Medinger. Cloer,and Carr arrived at 7:30. Staff'present were McLaughlin, Molnar and Yates. APPROVAL OF MINUTES AND FINDINGS Hibbert moved to approve the Minutes of the November 10, 1992 Regular Meeting as amended. On Page 5, Commissioners Discussion and Motion, add that the road connecting Weller Lane and Forest would not have to be a specific "Z" design, but a design that would fit the topography of the land and work to save as many trees as possible. The street dedication ordinance gives the ability for flexibility in street design. Powell seconded the motion and the Minutes were approved. Powell moved to approve the Findings of the November 10, 1992 meeting, Hibbert seconded and the Findings were approved. PUBLIC FORUM No one came forth to speak. TYPE III PUBLIC HEARINGS PLANNING ACTION 92-094 REQUEST FOR ZONING ORDINANCE TEXT CHANGE TO ALLOW RECREATIONAL VEHICLE PARKS AS A CONDITIONAL USE IN THE E-1 ZONE (CHANGE TO 18.40 OF THE ASHLAND MUNICIPAL CODE). APPLICATION ALSO INVOLVES A CONCURRENT REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW LOCATION OF A RECREATIONAL VEHICLE PARK AT THE SOUTH END OF CLOER LANE. APPLICANT: RUDOLPH J. WERTEPNY Site Visits and Ex Parte Contacts Cloer, Armitage, Powell, Medinger, Carr, and Jarvis had site visits. Hibbert had a site visit and prior to the application he spoke with Mr. Wertepny. Ashland Planning Commission December 8,1992 Page 1 around show Spring Creek Drive area filled with expensive, new homes. Residents have purchased homes in Oak Knoll not expecting an RV park nearby. She does not see a public need for the RV park. The existing parks are not operating at capacity. She thinks there would be problems with noise with RV's coming in all hours of the day and night. The RV park would be uphill from Spring Creek Drive and,would be unsightly. She is concerned about the transient population and wonders if this is an appropriate use for the site. She believes the City's water services could be better served. The park would create very few jobs and she would question the numbers given. Johns said she did not feel rezoning would be correcting mistakes. This property was listed for sale a couple of years ago for over$2 million. There are many uses that would be very profitable and without negative impact on the neighbors. ° - LARRY PARDUCI, 201 Fern Valley Road, Holiday RV owner, said that with the occupancy this time of year, there would be no way to make it unless he takes monthlies. He has about 60 monthlies now. In the last two to three weeks, he is getting three overnighters per night and more and more monthlies because people are selling their homes, purchasing an RV and moving into RV parks. If Parducci hired two to three more people, he could not make a profit at the end of the year. MIKE COUGHLIN, 5310 Highway 66, owner of KOA, said at the previous hearing he was at no time trying to dispute competition. He said those people who stay at rest areas and Albertsons parking lot would not stay in an RV park anyway. They will visit only to dump their sewer. He has 100% occupancy from June 10th through September 30th. In the winter, it is not economical to keep the store open. He keeps 15 sites open and averages three people per night. If he staffed any more than six people, he could not financially afford to run his facility. Coughlin has tried different methods to try and get people into town for Shakespeare. He has gone to on-call taxi. Some RV's tow cars and trailers detach and drive into town. WERTEPNY wondered if the residents would rather have apartments or a business park near Oak Knoll. The property is not going to stay vacant. Jarvis asked Wertepny why there was a public need for an RV park. Wertepny responded that he has found a public need from the business owners in the community. They have lost 25 percent of their business locally because of the economy. We do not have an RV park that generates income for this City. It would save tax dollars. COMMISSIONERS DISCUSSION AND MOTION Powell did not hear compelling evidence of a public need and she believes there are no mistakes that need correction and since RV's have been around for a long time, there are no new conditions, and the public welfare does not require this. Medinger and Cloer agreed. Ashland Planning Commission December 8,1992 Page 4 3 Hibbert believes there is a public need. The public has a need to stay nearby in the summer and when the passes close (and skiing) in the winter, they need a place to stay. Hibbert felt that a well-designed, well-managed, upscale RV park would be an additional benefit to the City. It would be an opportunity to improve public transit to downtown. In reviewing the E-1 zone, Carr felt this project is not a City project. This type of installation would be far more successful and aesthetically pleasing in a rural atmosphere. A public need is something that is a void, not something that would be convenient for someone who has $50,000 to put into a motor home. She does not believe there are RV parks near all mountain passes. She does not think there is any element of the non-inclusion of this particular usage in E-1 zone that could be defined as a mistake. This is not a new condition. If people are selling their homes to live in an RV park, it is not within the purview of the City. The compelling circumstances relating to general public welfare requires no such facilities in the City. Bingham mentioned the surrey in the packet of 10 cities. Of those, five have chosen not to have an RV park. He would compare Ashland to Astoria because of the small UGB--too land intensive. Jarvis suggested this development would be more appropriate on County land, perhaps around the north exit. She is not convinced that so many acres of E-1 land with so few employers is a good idea. Since our UGB is so small, we need to develop the E-1 land to the highest and best use possible with high employment. She would see no public need. Cloer warned the residents of Spring Creek Drive that eventually this land will be developed and could be similar to the Ashland Business Park. Residents can look forward to having a very high employment use in that area. Powell moved to deny PA92-094 because none of applicable criteria have been met and the burden of proof has not been met. Carr seconded the motion. It was denied with Hibbert casting the only "no" vote. Ashland Planning Commission December 8,1992 Page 5 Notice is herebygiven that a PUBLIC HEARING on the objectiort is based on also predudes your right ofappcal to LUBAonthataiterion.' the following request with respect to the ASHLAND AcopyoftheappGrat ion,all doaunents and evidrnae relied upon by0/e applicant and LAND USE ORDINANCE will be held before the applicable criteria we available for waper6on at no cost and will be provided at ASHLAND PLANNING COMMISSION On the reasunablecoa,d'requested.A°apyofa'e`taffrepaat`dibea`�d"foemspe"/on sevendayspriaraWebeuiagwWwiubeprovidedstreasonablecou,ifrequested Al[ 8TH DAY OF DECEMBER, 1992 AT 7:00 P.M. mater-Is are—d-bteat the Ashland Planning DWu4nrnt,City HaIL20 Faa Main, at the ASHLAND CIVIC CENTER, 1 175 EAST Ashland,OR 97520. MAIN STREET, Ashland, Oregon. During the Public Hering.the Chair shall allow testimmy from the applicant and t houina ttendancecencemingthisrequest.The Char shall havethe right to limit the length oftes['unmy and require that comments be resuicted to the applicable aiteris. 71re ordirwncecriteriaapplicablebthis applicationare auaclredtolhisnolia.Oregon law states that failure to raise a tobjection cmamingthisapplicatiocteithcr in person If you have arty questions or comments contenting this request,Please f«I free to or by letter•or failure to provide sufficient specificity to afford the decision maker an contact Susan Yates at the Ashland Planning Department,City Hall,at 489-5305. opportunity to respond to the issue,precludes your right of appeal to the Land Use Board of Appeals(LXJBA)on that issue. Failureto specify which ordinance criterion Ti i- .y..> . ,. . __. : y:, ..o •.-_-.. ,fir ( �':Lk„ice,! Z-117- 11 ME 11 #, I .S AMY:S/ { 4 ♦a It '{ 3,•i1 r'ro{cf• , �' I�1. 1T -- 1. �. .r. II.•w I F .. I): N (f M ,l f/ 11 1, •^{!�f�ti/ a I I I I ,� , d , I I L..-Ilae tr.r. 14 a ant 6' aeP t�.t VIQN17V MAP PLANNING ACTION 92-094 is a request for a zoning ordinance text change to allow recreational vehicle parks as a Conditional Use in the E-1 zone (change to 18.40 of the Ashland Municipal Code). Application also involves a concurrent request for a conditional use permit to allow location of a recreational vehicle park at the south end of Clover Lane. Comprehensive Plan Designation: Employment; Zoning: E-1; Assessor's Map #: 14; Tax Lots: 703, 900, 1000, 1100. APPLICANT: Rudolph J. Wertepny S ASHLAND PLANNING DEPARTMENT STAFF REPORT ADDENDUM I December 8, 1992 PLANNING ACTION: 92-094 APPLICANT: Rudolph J. Wertepney LOCATION: South end of Clover Lane ZONE DESIGNATION:E-1 COMPREHENSIVE PLAN DESIGNATION: Employment ORDINANCE REFERENCE: 18.40, 18.108 REQUEST: Zoning ordinance text change to allow recreational vehicle parks as a use in the E-1 zone, and a concurrent request for a conditional use permit to allow for the location of a recreational vehicle park at the south end of Clover Lane. I. Relevant Facts 1) Background - History of Application: On June 9, 1992, the applicant first presented the idea of an Recreational Vehicle Park as a use within the city to the Planning Commission during the Public Forum section of the meeting. On August 11, 1992, the Planning Commission conducted a hearing regarding the specific proposal of the applicant. The staff report and minutes of that meeting are included as part of this report. The Commission recommended denial of the request to the City Council. On September 8, 1992, the applicant requested that the Commission reconsider its motion recommending denial, and that it rescind that motion, allowing him an opportunity to further prepare information addressing concerns, and perhaps discuss the matter further with the Commissioners. The Commission agreed and rescinded its motion recommending denial. The hearing and planning action was essentially continued by that action, allowing the applicant to submit additional information. On October 27, 1992, the Planning Commission held a study session to further discuss the concept of an RV park ordinance. At the session, Staff presented a brief report on what other cities in Oregon have done regarding RV parks (report included as part of this packet). Further, nearby residents submitted additional testimony, and nearby RV park operators discussed operational difficulties in the area, and basic RV park operations. While the Commission took no formal action that evening, the general consensus appeared to be that RV parks were not an appropriate use within the city. Since the Commission has rescinded its previous recommendation to the- Council, it must review the information, accept public testimony, and make another recommendation to the Council. The applicant has not modified the proposed ordinance or plan since the last submittals. However,a short document titled "Ashland Trails R.V. Park Development Economic Impact Report" has been prepared by the applicant and is included as part of your packet. Ii. Project Impact The same concerns regarding the details of the ordinance, as discussed in the previous staff report, still apply. The revised ordinance prepared by the applicant (CHAPTER 18.86 — RECREATIONAL VEHICLE PARK DEVELOPMENTS) further addresses some of the concerns, and is a more advanced version than that reviewed in the previous staff report. However, the main issue is not the wording or details, but rather whether recreational vehicle parks are an appropriate urban use within the City of Ashland. It is Staffs opinion, after the several meetings held discussing this matter, that RV parks are a more appropriate rural or county use, and should be located outside of our urban growth boundary. The parks require an extensive amount of land, and are a relatively low employment generator, as discussed by the RV park operators in the surrounding area. Further, while it has been stated that the development of an RV park does not preclude the future development of the land for a more intensive commercial use, it has been Staffs experience that approved uses, even if temporary in nature, tend to become very permanent over time. The areas contemplated for RV park development under this ordinance are some of the most likely future candidates for commercial development. The same reasons that the applicant has provided for support of the RV concept applies PA92-094 Ashland Planning Department — Staff Report — Addendum I Rudolph J. Wertepney December 8, 1992 Page 2 equally or more so to other types of commercial development. The proximity to the freeway is of prime importance to many businesses, as is a relatively flat site. The specific parcel proposed for development by the applicant is, by comparison, very similar to that land currently developed on Washington and Jefferson Streets as Ashland Industrial Park. Several years ago, Washington Street was an unimproved narrow county road. But through infrastructure improvements, this area has become a very successful and attractive business park for the City, providing in excess of 200 jobs. It is staff's opinion that the development potential of the Clover Lane property is very similar to the Ashland Business Park, and that it should not be committed to a purely low employment tourist-related use. The applicant has provided an economic impact report on the possible benefits to the community of an RV park of the size proposed. It appears to be based on general assumptions regarding RV park operation, and not on any other similar based studies. In staff's opinion, the report appears very optimistic regarding the impact, when considering the statements made by the other RV park operators in the area regarding vacancy rates and RV traveller's habits. III. Procedural - Required Burden of Proof The criteria for approval of a Type III amendment (zoning ordinance change) are as follows: Type III amendments may be approved when one of the following conditions exist. a) A public need, supported by the Comprehensive Plan. b) The need to correct mistakes. c) The need to adjust to new conditions. d) Where compelling circumstances relating to the general public welfare require such an action. Although no specific findings have been submitted by the applicant regarding these criteria, it would appear that the most appropriate criterion would be a) a public need. PA92-094 Ashland Planning Department — Staff Report — Addendum 1 Rudolph J. Wertepney December 8, 1992 Page 3 IV. Conclusions and Recommendations Based upon previous Commission actions and information gained through the study session, Staff would recommend denial of the request for an ordinance change, and therefore, denial of the specific request for a Conditional Use Permit for an RV park on Clover Lane. This is based on the lack of findings in support of a public need for such an ordinance change, and the inappropriateness of an RV park as an urban use within the City of Ashland. PA92-094 Ashland Planning Department — Staff Report — Addendum I Rudolph J. Wertepney December 8, 1992 9 Page 4 ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES SEPTEMBER 8, 1992 CALL TO ORDER The meeting was called to order by Chairperson Barbara Jarvis. Other Commissioners present were Armitage, Thompson, Bingham, Medinger, Hibbert and Powell. Staff present were McLaughlin and Yates. APPROVAL OF MINUTES AND FINDINGS The Minutes and Findings of the August 11, 1992 Hearings Board and Regular Meeting were approved. RESCHEDULING OF HEARING Staff has requested that PA92-104 be delayed until October 13th since it is tied with PA92-102 which has also be postponed. Planning Action 92-104 will come before PA92-102 at the next meeting. Medinger moved to continue until the next meeting, Thompson seconded the motion and it was approved. . PUBLIC FORUM No one came forth to speak. RUDY WERTEPNY REQUEST FOR RECONSIDERATION OF PLANNING ACTION 92-094 ZONING ORDINANCE TEXT CHANGE TO ALLOW RECREATIONAL VEHICLE PARKS AS A CONDITIONAL USE IN THE E-1 ZONE. McLaughlin explained that the Commission last month made a decision to recommend denial of the applicant's request to the City Council. The applicant has talked with Staff and he has drafted a new ordinance regarding recreational vehicle parks. The applicant would like the opportunity to continue with this process before going to the City Council. Wertepny was assisted by Hibbert and also met with Fregonese to get assistance in writing an ordinance. The ordinance shows a combination of the Commissioners concerns from last month and some of the things brought out nationwide that also highlighted the Commissioners concerns. McLaughlin said the Commission could move to reconsider the action and put it back on the agenda in another month or so. Hibbert felt Wertepny's ordinance would be worth reconsidering because it is a proposal that would benefit Ashland by providing a service and would be aesthetically pleasing. He had some.specific changes, however, McLaughlin thought it would be better to center the discussion around whether or not to reconsider. McLaughlin has received a couple of ordinances from cities in Oregon and would like to take some time to review the ordinance Wertepny has drafted, and he mentioned a possible study session for this topic. Hibbert moved to reconsider the previous vote to recommend denial and discuss at a study session. Medinger seconded the motion was carried with Armitage voting "no". This was tentatively scheduled for the October study session. TYPE II PUBLIC HEARINGS PLANNING ACTION 92-088 REQUEST FOR A SITE REVIEW FOR A NEW 12,866 SO. FT. FOOD STORE TO BE LOCATED ON FIRST AND "A" STREETS. APPLICANT. ASHLAND COMMUNITY FOOD STORE There were no abstentions or conflicts of interest. EVarte contacts and site visits. Armitage had a site visit and saw nothing extraordinary. Thompson noticed that the land sloped slightly but is mostly flat. He noticed a path that leads to the back of a building and wondered where it would go. Bingham had a site Visit and paid particular attention to the condition of First Street and checked the area of access to Pioneer Street. Medinger had a site visit and wondered how the applicant was planning to do the footings with the old swimming pool there. Hibbert and Powell had a site visit. Jarvis had a site visit and watched the traffic because of the one-way street issue that had been raised. „ ASHLAND PLANNING COMMISSION 2 REGULAR MEETING _ MINUTES SEPTEMBER 6,1992 PLANNING ACTION 92-094 IS A REQUEST FOR A ZONING ORDINANCE TEXT CHANGE TO ALLOW RECREATIONAL VEHICLE PARKS AS A CONDITIONAL USE IN THE E-1 ZONE (CHANGE TO 18.40 OF THE ASHLAND MUNICIPAL CODE). APPLICATION ALSO INVOLVES A CONCURRENT REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW LOCATION OF A RECREATIONAL VEHICLE PARK AT THE SOUTH END OF CLOVER LANE. COMPREHENSIVE PLAN DESIGNATION: ZONING: ASSESSOR'S MAP #: 14; TAX LOT: 703, 900, 1000, 1100. APPLICANT: RUDOLPH J. WERTEPNY STAFF REPORT McLaughlin stated, as the ordinance is written, there is no RV parks allowed in the city. Applicant came before the Planning Commission in the June meeting to get feedback and received a positive response. Staff would like to see stricter design standards for the five acre RV park. Staff has not been able to research impact. Applicant proposed standards that comply with the State standards found in Oregon Revised Statutes and Oregon Administrative Rules. Staff felt these standards are minimal and still need minimum landscaping requirements, spaces per acre, etc. Also felt a RV park is a better rural use than an . E-1 use. Fregonese has seen many requests for a RV park on E-1 land. RV parks belong in a campground setting. They are seasonal and add traffic. Ashland's Comprehensive Plan targets 10 employees/acre for an E-1 land, the RV park is 1 to 2/acre. Staff is against RV parks in Ashland city limits. Medinger wondered if a condition could be added to require a shuttle. Fregonese felt that this would be difficult to enforce. Hibbert wondered if an alternative location for a RV park could be found or a limit placed on the areas RV travel within town.. Fregonese mentioned an area in the county at the north interchange that has city sewer service. Bingham stated that the number of spaces was reduced by eight from the previous proposal. He would like to see a park-like setting. Asked if ordinance limits number of ASHLAND PLANNING COMMISSION 10 REGULAR MEETING - - MINUTES AUGUST 11, 1992 spaces per acre, would staff be in favor. Fregonese indicated that Staff would work within the decision of the Planning Commission. He felt that a RV park in a E-1 zone should be dense to reduce the amount of land used. Thompson offered a maximum distance to a bus stop or free bus tokens as a condition of approval. Powell asked if the Staff could gather information from other cities and the impact of their downtown traffic. PUBLIC HEARING RUDY WERTEPNEY, applicant, said there a two types of RV parks: KOA-type and overnight-type. He felt Ashland is the focus of Jackson County and if RV park is not allowed here than it will go somewhere else without shuttle service. RV owner would not unhook motorhome to go downtown. Shuttle service would create job. Much of E-1 was used for low employee use. He offered a store, recreation center, seven acres of maintenance. He envisioned a destination park. His park would reduce the fire danger on the property. He felt employee/acre is comparable to other businesses in town. Found no further impact on water, sewer and electric. Felt other small communities have accepted RV parks. He sees it as an addition and an asset to the ordinance. Bingham, after visiting site, noticed six houses. Wertephney said they are run-down, low rent housing. Jarvis had concerns about putting a RV park in an E-1 zone because of low employee use. Other E-1 properties would be changed. She was uncomfortable with adopting an ordinance based on the minimum requirements of the state ordinance. McLaughlin stated that only four locations would meet the proposed ordinance. 1 Wertephney had used a planner and stated that the standards presented were used nation-wide. He reminded commission that office buildings, retail stores and others could go'into the E-1 property. Thompson offered the idea of bus tokens or a fee involved in park charge with the money going toward city transit. ASHLAND PLANNING COMMISSION - 11 REGULAR MEETING MINUTES AUGUST 11, 1992 ' 13 Wertephney mentioned the bus stop on the comer of Clover and Ashland Streets. Hibbert recommended some possible standards including public dump station; amount of grass and/or trees per acre, laundry room, playground, pet area and time limits. Powell wondered what percentage of RVs pull cars. _ Wertephney believed that percentage would change day-to=day. Carr wanted to know if this park could be marketed without a RV club affiliation. Wertephney said yes, people using park would dictate standards. PUBLIC HEARING ARTHUR LUNDAHL, 565 Oak Hill Circle, did not wish to testify, but commented that traffic problems would be worsened and the location would not improve property values in the nearby residential area. OTTO FROHNMEYER, 1656 Spring Street, Medford, owns property below proposed park. He felt the owners of.the lots he has sold to would oppose action. JEAN MORGAN, 618 Spring Creek Drive, owns property that would look out onto proposed park. Opposed action. LAURIE BIXBY, 571 Oak Hill Circle, stated that proposed park would impact her view.. She was concerned about traffic safety at the intersection of Clover Lane and Highway 66. Felt other RV parks in Jackson County do not impact residential areas like this one would. CAROL ENGLE, 581 Spring Creek Drive, felt RV parks should be in rural settings. It would be detrimental to property values, impact noise, traffic and pollution. Parcel would be more suitable for manufacturing and E-1 employment and not an RV park. JOANNE JOHNS, 650 Spring Creek Drive, had just heard about proposal the day before. Felt park would have a negative impact on the surrounding area and needed more study. RV park would create few jobs, more traffic, little income, all activity would be located outside and would create a fire hazard. Park would be next to residential area and effect property values. Clover Lane and Highway 66 is a dangerous intersections and would become more so with RVs. Worried about drain _ I ASHLAND PLANNING COMMISSION 12 REGULAR MEETING MINUTES - - AUGUST 11,1992 I - on City water and sewer system, noise, pedestrian traffic in residential area and on highway, access through Spring Creek Drive. She checked with KOA on jobs, RV density, and volume of business. Mike and Tina Bingham opposes action for the record. RUDOLPH WERTEPNEY stated his concern about nearby neighborhood.;-Felt only the roofline of the park would be visible from nearest residence because of hill and proposed landscaping and that generator noise could not be heard with RV hookup. Additional City revenue would go to grocery stores, RV repair shop. Felt no traffic impact to residential area as entrance and exit would be through Clover Lane. RV parks he has researched are at full capacity, questions motive of KOA contact. COMMISSIONERS DISCUSSION AND MOTION Thompson read E-1 permitted uses. Jarvis reminded the Commissioners that the discussion must first focus on the question of the zoning ordinance text change. Bingham questioned the role of the Planning Commission and the right to make judgement on RV parks being allowed in the City limits. Fregonese said Commission decision based on Comprehensive Plan and compliance with zoning code. Jarvis asked about the feasibility of a separate RV ordinance with and overlay zone. Fregonese stated that overlay zones add additional requirements rather than additional rights (eg. overlay in C-1 and E-1), but the possibility is there. Powell wondered whether the word "public" meant the people of Ashland or all people including RV owners. Thompson asked for a consensus on RV parks within city limits. Carr did not see a public need. Adding to the ordinance should take several months of work. Had trouble with applicant written text without prior study of ramifications. Powell agreed. Saw this proposal as preferable to others that are allowed in E-1 with conditional use permit. No public need unless RVs were somehow kept out of ASHLAND PLANNING COMMISSION 13 REGULAR MEETING MINUTES AUGUST 11, 1992 downtown. Specific location seemed dangerous to traffic upon site visit. Hibbert heard neighbor's concerns. Need to set standards and this will take time. Applicant needs to research and submit for Planning Staff review. Medinger agreed about setting standards. Had difficulty economically and environmentally with huge RVs and did not want to encourage them. ; Bingham had difficulty with the large total of RVs next to a residential area. He was against RV parks if they had to be dense to be economically viable. Cloer was agairist action given Ashland's topography and the limitations of E-1. Staff needed to look into what other cities do. He was surprised at the commissions encouragement at the June meeting. Armitage was against idea. Thompson felt that an Ashland RV park would be close to public transportation and therefore reduce the amount of RVs downtown. He was in favor. Jarvis did not agree with argument that a RV park would produce more traffic. Her concern was with putting them in E-1 zone and also disagrees with rural use argument. She agrees with concept. CARR MOVED TO CONTINUE THE MEETING UNTIL 11:30. MOTIONED SECONDED AND CARRIED. Jarvis remarked that Staff did not have time to research and write ordinance and Commissioners did not want applicant to do it. HIBBERT MOVED TO DENY ADOPTION OF THE ORDINANCE AS PRESENTED. MOTION SECONDED AND UNANIMOUSLY CARRIED. PLANNING ACTION 92-097 IS A REQUEST FOR A ZONE CHANGE AND COMPREHENSIVE PLAN MAP CHANGE FOR THE PROPERTY LOCATED SOUTHWEST OF THE INTERSECTION OF MOUNTAIN AND HERSEY STREETS, NEAR WILLIAMSON WAY (MAHAR PROPERTY). ZONE CHANGE IN ACCORD WITH THE MEDIATED SETTLEMENT REGARDING THIS PROPERTY. . COMPREHENSIVE PLAN DESIGNATION: EMPLOYMENT; ZONING: E-1; ASSESSOR'S MAP #:9AB; TAX LOT: 6400; ASSESSOR'S MAP #: 4DC; TAX LOT: 3502. ASHLAND PLANNING COMMISSION - 14 REGULAR MEETING MINUTES AUGUST it, 1992 16 ASHLAND PLANNING DEPARTMENT STAFF REPORT August 11, 1992 PLANNING ACTION: 92-094 APPLICANT: Rudolph J. Wertepney LOCATION: South end of Clover Lane ZONE DESIGNATION: E-1 COMPREHENSIVE PLAN DESIGNATION: Employment ORDINANCE REFERENCE: 18.40, 18.108 REQUEST: Zoning ordinance text change to allow recreational vehicle parks as a use in the E-1 zone and a concurrent request for a conditional use permit to allow for the location of a recreational vehicle park at the south end of Clover Lane. I. Relevant Facts 1) Background - History of Application: There are no planning actions of record for this parcel, nor have any previous requests been processed for a zoning text change allowing recreational vehicle parks as a use within.the City. 2) Detailed Description of the Site and Proposal: The proposal involves modifying the text of the Ashland Land Use Ordinance - E-1 Zone - allowing for RV Parks as a conditional use, and a concurrent application for a park under the new ordinance. The proposed ordinance wording prepared by the applicant is as follows: "18.08.625 (Definition Chapter) Recreational Vehicle Park are designated spaces within a parcel of land for the purpose of providing accommodations for recreational vehicles for a fee. "18.40.020 (E-1 Zone Permitted Uses) . L Recreational Vehicle Parks subject to section 18.86 1 "18.86 (new chapter Recreational Vehicle Park) "18.86.010 Purpose The purpose of this chapter is to establish standards for the location of recreational vehicle parks. "18.86.020 Location Requirements No recreational vehicle park shall be approved unless the following locationl criteria have been met. A. The property shall be adjacent to.Interstate 5 B. The recreational vehicle park shall have access from the 1-5 interchange not more than 750 feet from the center of the interchange. C. The nearest property line of the park shall be within 500 feet of the primary access road from the freeway. "18.86.030 In addition to the requirements of this chapter, all recreational park developments shall conform to the regulations of Oregon State. " The remainder of the application involves a specific application to approve a 100- space RV park, with store, recreation room, pool, and picnic area. The site plan is not as indicated on the notice map, but has been modified to include additional landscaping and redesigned accessways. II. Project Impact On June 9, 1992, the applicant came before the Planning Commission, proposing this use at this site. This was done in an informal manner, not as a formal application. The Commission advised the applicant as to some concerns, but appeared to be supportive of the concept. The applicant then submitted the above referenced ordinance change for consideration as a Type III amendment to the land use ordinance, along with a site plan for approval. This is an extremely difficult process for all involved - applicant, staff; and commission. The applicant is not a professional planner, but is required to develop an ordinance including all the standards that must be met by the application. The Planning Staff, who normally prepare ordinance amendments, are in the position basically limited to reviewing and commenting on the proposed PA92-094 Ashland Planning Department — Staff Report Rudolph J. Wertepney August 11, 1992 'S Page 2 wording due to work load constraints. The applicant has been informed throughout the process that the Staff does not have the time available for development of an RV park ordinance, due to the lengthy list of other priorities developed by the City Council, and that the burden will rest entirely on the applicant. The Commission, who have encouraged the applicant, must also consider the ordinance change and the effects it has city-wide, as well as the specific proposal as well. ORDINANCE EVALUATION Definitions - 18.08 The definition of a "Recreational Vehicle Park" should be the same as that stated in OAR Chapter 918, Division 650. Additionally, the definition of a "recreational vehicle" should also be modified to match that in OAR Chapter 918, Division 650. E-1 Zone The applicant has indicated in this submittal that the RV park should be listed as a permitted use in the E-1 zone, subject to the requirements of a new RV. park chapter. Staff believes, as has been the policy of the City, that any new use should always be initially considered under the Conditional Use Permit criteria. We would recommend that this section be moved to 18.40.030 - conditional uses within the E-1 zone. New RV Park Chapter 18.86 Under the applicant's proposal, there is a new chapter created which only discusses the locational requirements of the park. Staff would recommend that these locational requirements be included with the E-1 zone amendment, and that a new chapter not be created only for such a limited purpose. In reviewing the locational requirements, these will allow for the possible development of an RV park at this location along Clover Lane, as well as several other locations. The area north of the old Texaco station, near Ashland Hills Inn complies with the criteria, although slope may prevent it from being a reasonable location. The area directly north of the Knight's Inn Motel, east of the Tolman Creek Shopping Center would be a likely RV park candidate under the ordinance, as would the area south of the AM/PM Arco station and the Exxon Station. This area off of Washington PA92-094 Ashland Planning Department — Staff Report Rudolph J. Wertepney August 11, 1992 Page 3 Street, through lot consolidations, would be possible for RV park development under the proposal. The Commission must consider whether opening the possibilities for RV park development of these other areas is appropriate. While the Commission has agreed in concept that the Clover Lane site is appropriate for an RV park, Staff has concerns regarding opening up E-1 land to a use which is a low employment generator, on an employee per acre basis. Design Requirements The proposed ordinance is essentially silent on specific design requirements, except that the park must conform with the requirements of the State. The State's requirements are included in the packet, and are in the OAR, pages 23-27. These requirements are very basic, and intended primarily for health and safety, and have very little to do with aesthetic control. Staff has very serious concerns approving any sort of ordinance change or use which involves such large areas, in this case approximately 5 acres, without specific ordinances on design, landscaping, screening, etc... The applicant has indicated to Staff that the State of Oregon - Building Codes Division - has the ultimate control over RV park development, and that it is his understanding that cities have been preempted from invoking strict standards on design beyond those indicated in OAR Chapter 918. Staff has contacted the Building Codes Agency of the State, which oversees RV park development. They have stated that enforcement of the state requirements have been turned over to Jackson County for our area, and that our dealings will be through them. Paul Nolte, City Attorney, as .reviewed the Oregon Revised Statutes regarding RV parks, and has indicated that the law does not preclude the City from enacting standards that it believes are appropriate for RV park development. Overall Ordinance Comments Staff has strong concerns over adopting a new section of the land use ordinance without fully examining all aspects and impacts of that ordinance. As the Commission is aware, the adoption of almost any ordinance change is a many month process, involving much review and discussion. Given that the Staff does not have the time available to research and develop an RV park ordinance, that burden falls on the PA92-094 Ashland Planning Department -- Staff Report Rudolph J. Wertepney August 11, 1992 AO Page 4 applicant. The applicant has presented what he believes to be an appropriate ordinance, providing the minimum of control necessary. As a Staff, we must disagree with the ordinance presented, and recommend further revisions, primarily including strict design control. Other concerns involve the overall concept of RV parks. It has been Staffs opinion in the past that RV parks are a rural use, due to the large land areas required for,the use, lack of formal structures, and low employment per acre. We believe the Commission should be cautious in modifying the ordinance and opening up areas to RV park development, considering the employment and aesthetic impacts there maybe. Specific RV Park Proposal for Clover Lane Staff is hesitant to go into a detailed review of the proposal prior to the adoption of specific design requirements. However, we believe there are some general comments that can be made: -Detailed landscaping plan for the site, including irrigation. The submitted plan provides a schematic design, but no detailed planting plans. -All parking spaces, accessways, and roads should be surfaced in asphalt to maintain aesthetic urban appearance and reduce maintenance. -Clover Lane must be improved to full city standards (minimum 22' in width, curbs, gutters, sidewalk minimum one side) from Highway 66 to this site. This could be difficult given the limited right-of-way in some areas, but must be accomplished prior to operation of this use, due to the nature of the traffic. Clover Lane is a dedicated public right-of-way and is the City's responsibility for maintenance. Given the level of proposed use, the . applicant would have to complete the improvements to provide a street with adequate access for the use. The traffic impacts (300 trips per day as stated by the applicant) would be similar to a 30 lot residential subdivision on this property. We believe.the street improvement should be considered in the same way. -Services designed and laid out. We believe that the sewer lines, water lines, irrigation system, fire hydrants, etc... should all be indicated on the submitted map, indicating how all will be accommodated. -Fencing - any fencing proposed for the site should be indicated on the plan. PA92-094 Ashland Planning Department — Staff Report Rudolph J. Wertepney August 11, 1992 oil Page 5 -Pedestrian Plan - if no sidewalks are proposed within the development, then it should be indicated how conflicts between RV's and peds will be minimized. Further, it should be shown how pedestrians will be moved throughout the site - to restrooms, laundry, store, pool, etc... -Proposed shuttle service - details should be provided regarding any shuttle service to downtown or other shopping areas. -Elevations and materials and landscaping for all proposed structures and remodels - primarily the store, managers apartment, and recreational room.. -Other items that the Planning Commission may believe to be relevant upon further review. III. Procedural - Required Burden of Proof The criteria for approval of a Type III amendment are as follows: Type III amendments are applicable whenever there exists: a public need; the need to correct mistakes; the need to adjust to new conditions; or where compelling circumstances relating to the general public welfare requires such an amendment. Given the Commission's support of the concept, Staff believes that findings can be made to support either a public need, or adjustment to new conditions. The Commission may wish to comment on the findings necessary for this amendment. IV. Conclusions and Recommendations Staff believes that there is much more work to be done on an ordinance amendment of the nature proposed. The impacts of the proposal on other areas in the south interchange must be considered, as well as the impacts on the E-1 zone in general in this area. The Commission may wish to further consider the urban vs rural nature of the proposed use as well. PA92-094 Ashland Planning Department — Staff Report Rudolph J. Wertepney August 11, 1992 �� Page 6 We also believe that very specific design requirements must be included as part of the proposal. To allow for development of such large areas without strict design review is not in accordance with the normal development standards of the City. Therefore, Staff recommends that the Commission fully consider and review the submitted information, and direct the applicant as to the direction to take in providing the additional information necessary, but that no formal recommendation be made to the City Council at this point regarding the incomplete information. I PA92-094 Ashland Planning Department — Staff Report Rudolph J. Weitepney August 11, 1992 �� Page 7 m SEA v SCAR.. 1 _� TI { T. • J � .500 -77 M1 ... IL A tie VC .. `�fi \ W i'n•< ."�v - •(P•G Gil ! CP•uu�) R '+ 800 V.509 P.417 v J, J Y1 r \ V.809 s: 5 Alc � � •..,.�` 2 �� � t CO < (P-J3so� Imo. ss° ^310 r 5 at- 1 2 . '1 s. 411 02. . ili eN i. T '15W 11. DI= + OW 2400 Yi OF, o,, , �i�, �.•;.;fir' . � ; � � _ 7-1 tr , ,•♦♦♦♦mow r� � City of Ashland Planning Exhibit �mnO - 5 - PA# 9st- / 12/8/92 SATE $TYF Look out Lloyd Haines and Dom Provost, here comes Rudy Wertepny who wants to put in a four acre RV park on Clover Lane near the freeway. (Tidings 12/7) . "This could do nothing but help Ashland, " he says. Help Ashland do what? Why, provide an additional source of customers, of course. Yes sir, Ashland needs more customers. Especially now that we have a glitzy new Albertsons and Payless to support. In fact, Wertepny has discovered in his little campaign to promote his development that store owners in the area want to regain the customers lost to Albertsons et.al. Imagine that! Existing businesses hurting because of little old Albertsons. Obviously, Ashland must grow to accommodate them all . Astonishingly, he also claims the park would "reduce traffic in Ashland, since shuttles may mean visitors wouldn't have to drive RV's through town. " Whoever can claim with a straight face that a new four acre RV park could actually reduce traffic under any circumstances, shuttles notwithstanding, should run for public office. Besides, shuttles are so inconvenient. So much easier to hop in the old behemoth and circle downtown Ashland a few times trying to find two or three parking spaces to occupy. Well Ashland, how long are we to continue increasing our population? How long must we continue to buy the developers ' arguments that advocates of sensible small scale growth have an "anti-business sentiment?" We must examine the argument more closely to see that the issue is about more business in Ashland. Yes, more, more, morel More traffic, crime, water shortages, electric outages, sewage problems, crowded schools, etc. First the developers argue for more supply (businesses) . Next they argue for more demand (housing) . Back and forth it goes. It's all the same to them, as long as they make money. As soon as Wertepny and others of his ilk have packed in more people, we'll be needing a few more shopping centers to take care of the newly .created demand. After all, people should be able to do whatever they want with their private property. Its the American way. Its legal. Its too bad social responsibility wasn't written into the constitution. Its high time for the local economy to adjust to the supply and demand of a stable population. A population who's size is limited not by the dreams of hungry developers; but by common sense as we recognize the limitations of our infrastructure and the natural environment. The day before Wertepny's dreams were showcased in the Tidings, a front page article quoted Ashland's conservation manager, Dick Wanderscheid, as saying that "the American way of constantly building more to waste is out of style. "' He added that it probably would not be politically feasible to build a larger dam and reservoir for the city due to environmental considerations. "I just don't think you'll ever see that dam being built, " he said. Somebody better tell Mr. Wertepny and the rest of the developers. It makes sense to provide homes and jobs for all the people who live here. But what of the people who want to live here? They all come from somewhere, and we have no exclusive claim to the beauty and liveability of this area. If we are ever to achieve a stable population, there is a far bigger issue we must face. But alas, birth control is beyond the scope of the Ashland planning department. It appears that biology and the economic principle of perpetual growth are on a collision course with finite resources and a diminishing quality of life. Hopefully Ashland can muster the will to slow down and restrict developers who view the citizens of this community as mere "customers. " '� //, & Scott Morrell 33 Union St. Ashland, OR 97520 488-2066 h 552-6190 w 42 TESTIMONY REQUEST If you wish to provide evidence, please indicate if you are in favor of or opposed to the proposal. If you are in favor of the proposal, your evidence should show that the approval criteria is satisfied by the facts you are providing. If you are an opponent, your testimony should show that the applicant. has not introduced evidence which satisfies all the approval criteria or your testimony rebuts the applicant's testimony by showing the facts relied upon are incorrect. NAME ���� ADDRESS 5 l O�k . Lt tiI UlJj �-' S �1l3..tiC PLANNING ACTION # 1 Z -Oq I am in favor of the proposal. / V 1 am against the the proposal. wish to give oral testimony. do not wish to give oral testimony. I do not wish to give oral testimony, but wish to make the following comments: al6i-oyy-A-Y 0 \� R/ as a c av`c �cm �` a r�rvv<]L&tA t; I zone�S PLEASE GIVE THIS FORM TO A STAFF PERSON AT THE HEAD TABLE. 28 TESTIMONY REQUEST If you wish to provide evidence, please.indicate if you are in favor of or opposed to the proposal. If you are in favor of the proposal, your evidence should show that the approval criteria is satisfied by the facts you are providing. If you are an opponent, your testimony should show that the applicant has not introduced evidence which satisfies all the approval criteria or your testimony rebuts the applicant's testimony by showing the facts relied upon are incorrect. NAME i f1� 1 X12Gt7 ADDRESS 5' [ ( )ak -14t LP PLANNING ACTION # G 2 Dq y 1 am in favor of the proposal. vehemzwt-f-�� ✓ I arri against the the proposal. , wish to give oral testimony. I do not wish to give oral testimony. do not wish to give oral testimony, but wish to make the following comments: A19- y »ai1,4t Ae x �a PLEASE GIVE THIS FORM TO A STAFF PERSON AT THE HEAD TABLE. �9 TESTIMONY REQUEST If you wish to provide evidence, please indicate if you are in favor of or opposed to the proposal. If you are in favor of the proposal, your evidence should show that the approval criteria is satisfied by the facts you are providing. If you are an opponent, your testimony should show that the applicant has not introduced evidence which satisfies all the approval criteria or your testimony rebuts the applicant's testimony by showing the facts relied upon are incorrect. NAME 4,"1,1AP1-ES S. Ii AICC-C ADDRESSG,5a 54g416 De, Awz--9I✓J PLANNING ACTION # 32 -09¢ I am in favor of the proposal. I am against the the proposal. I wish to give oral testimony. I do not wish to give oral testimony. do not wish to give oral testimony, but wish to make the following comments: l� R d P��xsS�LoLi[O �c C1��ti r� of elTr k7 77-.s 2) SUC/✓ 7 pqAc WBVGp lbcAe,054- ,47 4AI AUZEA7-)Y Ca t�iESY� �oGeJTipil/ �� �«2,9G�`4r USE .p.2oPa�E� 17aE� A/o i ET'7PLOY En/odGFE aEoPLE �) /17dAc�,(/% PRoy62�iE5 WILL Ef ..Q---EiZL6447ZrJ PLEASE GIVE THIS FORM TO A STAFF PERSON AT THE HEAD TABLE. 30 TO : ASHLAND'S CITY COUNCIL AND PLANNING COMMISSION IN REGARD TO PLANNING ACTION 92-094 , PROPOSED R .V . PARK ORDINANCE , AS A CITIZEN AND BUSINESS PERSON OF ASHLAND , I FEEL THAT THIS DEVELOPMENT AND ORDINANCE IS NEEDED AND WILL POSITIVELY AFFECT THE CITY OF ASHLAND . I AM IN FULL SUPPORT OF THIS PROJECT AND FEEL THAT THE CITY LEADERS SHOULD SUPPORT THIS DEVELOPMENT FOR THE .FUTURE F ASHLAND . 7 SINCERELY YOURS , °222(62 G�lft�a��l� TO : ASHLAND'S CITY COUNCIL AND PLANNING COMMISSION IN REGARD TO PLANNING ACTION 92-094, PROPOSED R .V. PARE: ORDINANCE, AS A CITIZEN AND SUSINESS PERSON OF ASHLAND, I FEEL THAT THIS DEVELOPMENT AND ORDINANCE IS NEEDED AND WILL POSITIVELY AFFECT THE- CITY OF ASHLAND . I AM IN FULL SUPPORT OF THIS PROJECT AND FEEL THAT THE CITY LEADERS SHOULD SUPPORT THIS DEVELOPMENT FOR THE FUTURE OF ASHLAND . + SINCERELY Y URS, - 31 TQ : ASHLAND'S CITY COUNCIL AND PLANNING COMMISSION IN REGARD TO PLANNING ACTION 92-094, PROPOSED R .V . PARK ORDINANCE , AS A CITIZEN AND BUSINESS PERSON OF ASHLAND , I FEEL THAT THIS DEVELOPMENT AND ORDINANCE IS NEEDED AND WILL POSITIVELY AFFECT THE CITY OF ASHLAND . I AM IN FULL SUPPORT OF THIS PROJECT AND FEEL THAT THE CITY LEADERS SHOULD SUPPORT THIS DEVELOPMENT FOR THE FUTURE OF ASHLAND . SINCERELY YOURS , `d 37/ RSIf-GJe-vt� Sa-- 32 TO ; ASHLAND'S CITY COUNCIL AND PLANNING COMMISSION IN REGARD TO PLANNING ACTION 92-094 , PROPOSED R .V. PARK. ORDINANCE , AS A CITIZEN AND BUSINESS- PERSON OF ASHLAND , I FEEL THAT THIS DEVELOPMENT AND ORDINANCE IS NEEDED AND WILL POSITIVELY APFECT THE CITY OF ASHLAND . I AM IN FULL SUPPORT OF THIS PROJECT AND FEEL THAT THE CITY LEADERS SHOULD SUPPORT THIS DEVELOPMENT FOR THE FUTURE OF ASHLAND . ' SINC�REL,Y OURS, TO : ASHLAND'S CITY COUNCIL AND PLANNING COMMISSION IN REGARD TO PLANNING ACTION 92-094 , PROPOSED R.V. PARE: ORDINANCE , AS A CITIZEN AND BUSINESS PERSON OF ASHLAND, I FEEL THAT THIS DEVELOPMENT AND ORDINANCE IS NEEDED AND WILL POSITIVELY AFFECT HE CITY OF ASHLAND. I AM IN FULL SUPPORT OF THIS PROJECT AND FEEL THAT THE CITY LEADERS SHOULD SUPPORT THIS DEVELOPMENT FOR THE FUTURE OF ASHLAND . + SI EL YO�S, ,� T0 : ASHLAND'S CITY COUNCIL AND PLANNING COMMISSION IN REGARD TO PLANNING ACTION 92-094 , PROPOSED R .V . PARE: ORDINANCE , AS A CITIZEN AND BUSINESS PERSON OF ASHLAND , I FEEL THAT THIS DEVELOPMENT AND ORDINANCE IS NEEDED AND WILL POSITIVELY AFFECT THE CITY OF ASHLAND. I AM IN FULL SUPPORT OF THIS PROJECT AND FEEL THAT THE CITY LEADERS SHOULD SUPPORT THIS DEVELOPMENT FOR THE FUTURE OF ASHLAND. SI EF,RELY YOURS a�RcaEEEEEEt�'(M��wfiSW* AsmLAND.oREGON 97520 TO : ASHLAND'S CITY COUNCIL AND PLANNING COMMISSION IN REGARD TO PLANNING ACTION 92-094 , PROPOSED R.V . PARK ORDINANCE , AS A CITIZEN AND BUSINESS PERSON OF ASHLAND , I FEEL THAT THIS DEVELOPMENT AND ORDINANCE IS NEEDED AND WILL POSITIVELY AFFECT THE CITY OF ASHLAND . I AM IN FULL SUPPORT OF THIS PROJECT AND FEEL THAT THE CITY LEADERS SHOULD SUPPORT THIS DEVELOPMENT FOR THE FUTURE OF ASHLAND . SINCERELY YO kS , r I D "4;w 104 VALLEY VIEW AVE. P.O. BOX 467 AREA CODE 503 - 535.1529 TALENT, OREGON 97540 December 7, 1992 City of Ashland 20 East Main Ashland, OR 97520 To the Planning Commission, After review of your PJAWH1'HGQAG"a`I0ll jN-f tax lots 703, 900, 1000, and 1100, we find that it will have a potential affect upon the Talent Irrigation District. If the type of use of the property is being changed to a use other than agriculture, or the property is being developed for uses where the water rights can not be used beneficially (as the Oregon Water Resources Department would define beneficial use) then it is the policy of the Board of Directors of the Talent Irrigation District, for the protection of the District, to require that the water right be bought out. . As per ORS 545.611, the water rights must be bought out if the { subdivision has three or more tracts on each acre of land within the subdivision. We respectfully request that this application either be denied or approved with the stipulation that the water rights be bought out of Talent Irrigation District. Thank you for your time and consideration. Sincerely, A\�cS9 Michelle Irwin Administrative Assistant RV PARKS Ashland Planning DRAFT October 27. 1992 The Staff, through the use of a student intern, contacted ten Oregon cities regarding their regulation of Recreational Vehicle Parks. The following is a condensed version of those findings: 2 Bend CUP in Highway Commercial tourist-related zone 3 Coos Bay allowed in Commercial �.... , ;d..:.. .:... .. 4 5 Eugene allowed in auto-oriented Commercial 6 11 �iY `:.� ,dv 8 McMinnville allowed in Travel Commercial site plan and specific review ... . .. 10 Salem CUP in commercial zones After completing our survey, a similar survey was sent to us by the City of Dallas, further explaining what other cities in Oregon do regarding RV parks. That survey is attached to this summary. Overall, the survey shows that Ashland is not the only city not allowing RV park developments, and that similar concerns to those raised during recent hearings are those that other cities have as well. These primarily involve the land-intensive nature of RV. parks and the limited areas for development allowed in a compact Urban Growth Boundary. Other cities that allow RV park development do so as Conditional Use Permits, and with some form of site review. Some cities, including McMinnville, have fairly detailed requirements for site plan review. These are also attached as part of this report. These additions are included to foster discussion of this issue. Staff still retains the position that RV parks are best accommodated on county lands, and that they are not an appropriate urban use, due to their land intensive nature and low employee generation. e�(ka�itro 31 Dallas Planning Commission Recreational Vehicle Staff Report Park Study August 11, 1992 At the Planning Commission's direction, the staff has prepared this report .to show how other jurisdictions similar to the City of Dallas process requests for Recreational Vehicle Parks. The staff attempted to contact seventeen other Oregon cities similar to Dallas and received information back from fifteen. The results were: Cities which had no provisions or do not allow. 3 Cities which allowed RV parks in all Residential Zones by Conditional Use. 2 Cities which allowed RV parks only in Multifamily Residential Zones by Conditional Use. 2 Cities which allowed RV parks in Commercial Zones outright. 4 Cities which allowed RV parks in Commercial Zones by land use and/or site plan approval. 8 Cities which allowed RV parks in Industrial Zones outright. 1 Cities which allowed RV parks in Industrial Zones by Conditional Use and/or site plan approval. 2 The specific response of each of these cities is attached. Please note that the Cities of Bend, Cottage Grove, Lincoln City, McMinnville, and Sweet Home all had zones that were related to recreational and tourist type activities in which RV parks were allowed generally by conditional use. Conditional Use fees varied from $50 to $850. 00. The aver- age fee was approximately $300.00, well above our fee of $85.00. Respectfully submitted, Community Development Team t7 m ,c d d 3 W m N O Y Y 3 3 L 3 3 U m N d p :i7 W O O O O O I[1 O U O ,MW N m to d O 3 d O m m O d N 6 N dY O UM a O 1 3 a yr a d L Y L-G+�-•� O d- "'� %YII a \ U U .n m�U a > N N+Gi P dY a d > a _. 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L.O.6N+ d m°� 3 y m a a + U T a 0 7 U m a a C d Ch 3 Ts m rn m 41�—c 0NS O m C H to 0- O.6m T am PHOOU 1,E d v E U m0 > m m i CE +r UO UU�.a+ m am4j UX X U U U U CC7X G O V N a U a N +ar m H m U d C G A d 0 O 0 0 0 0 8 41 N N0ca UY N c .aH++a+ °m 0 � E •+ 8 7 d O .+ E °. 4 0 0 a 0 0. m-c U« +U 4 U H 4i 41 LYE Ka O M H d O C m rn a Y +� d d euuv' s 'oa dw flu U e .°. v.°.a c 0 00 N 1 1 a E UU E O C H , 7 E 0 0 A o U) N U W. 3 1 �� O2, Section 12. Recreational Vehicle Parks - General Provisions 12.010 Permitted Locations. A recreational vehicle park is a permitted use in the C-2, Travel Commercial zone and the C-3,General Commercial zone. A recreational vehicle park shall be permittad as an accessory use to a mobile home park in an R-4, Multiple- family Residential zone, subject to the provisions of Section 14. 12.020 City Approval Required. Construction and operation of a proposed recreational vehicle park or addition to such park shall be according to a site plan approved by the Planning Director. The Planning Director shall review the site plan for the proposed -� park within ten working days of submittal and, after making a decision, shall notify the applicant of the decision within five working days. 12.030 Fee Required. A processing fee shall be paid to the City to defray the cost of reviewing the proposed recreational vehicle park. The fee shall be equivalent to the fee charged for a major partition of land and shall be paid when the site plan is i submitted. 12.040 Certificate of Sanitation. Evidence shall be provided to the Planning Director that the park will be eligible for a certifi- cate of sanitation as required by state law. i 12.050 Appeal . Any decision of the Planning Director in regards to recreational vehicle parks may be appealed to the Planning Commission. The appeal process shall be the same as the process for appealing a decision in regard to mobile home parks as set forth in Section 5.090. 12.060 The Site Plan. One repr.oducab'le copy and five legible paper copies site plan for the recreational vehicle park shall be submitted for review. Any additional required materials shall . be submitted with the site plan. a. The site plan shall be accompanied by a completed application (form available from the Planning Director) on which the following information shall be provided: 1. Names and addresses of the applicants; i 2. The names and addresses of all owners of the property for which the site plan was submitted, including contract vendors and purchasers; 3. The names and addresses of any lessees of the property; 4. The zoning classification of the subject property; 5. The legal description of the subject property; 6. The number of recreational vehicle spaces and campsites proposed; 7. The names and addresses of the architect, landscape architect, engineer, or other designer of the recrea- tional vehicle park; 8. The signature of the owner or the owners. b. The site plan shall be on sheets measuring 18 X 24 inches in size and drawn at a scale of one inch equals 100 feet or a reasonable engineer's scale. c. The site plan shall include the following general informa- tion: 1. The proposed nave of the park. No name will be allowed which could be confused with the name of another .develop- ment in the city or county, as determined by the Planning Director; 2. The date, north arrow, and scale of drawing; 3. The names and addresses of the owners of the recreational vehicle park; 4. The names and addresses of the designers and engineers of the recreational vehicle park.. d. The site plan shall include the following information concerning existing conditions: 1. A vicinity map which locates the subject site within the City and identifies generalized existing land use within 800 feet of the subject site in each direction; 2. The location, width, and names of both opened and unopened streets and easements within or adjacent to the proposed recreational vehicle park. 3. Important political boundaries or lines, such as section lines and city boundary lines; 4. The location and direction of water courses and location of areas subject to flooding on a probability frequency of one (1) percent or greater; 5. Natural features such as rock outcroppings, marshes, wooded areas, and isolated preservable trees; 6. Existing use of property including location of existing structures which are to remain on the property; �3 7. The topography of the site with contour intervals of not more than five feet; B. The soil types and the drainage characteristics of the soils. e. The site plan shall include the following information concerning the proposed plan for a recreational vehicle park:, 1. The locations, widths, names, approximate grades, and radii of curves of streets, including both public streets and park streets, the relationship of proposed streets to any existing streets and to any projected streets as shown on the McMinnville Comprehensive Plan Map, 1980,, as ; amended, or as identified in the McMinnville Comprehen- sive Plan text, or as many be suggested by the Planning Director in order to assure adequate traffic circulation; 2. The material to be used for park streets; 3. The location, width, and purpose of easements; 4. The location and approximate dimensions of each recrea- tional vehicle space or campsite with each space desig- nated by number; letter, or -name; 5. The approximate location and orientation of each recrea- tional vehicle stand within each space and an indication by use of symbols or other appropriate method of which spaces will be supplied with utility hook-ups; 6. All buildings or structures, including restrooms, showers, laundry buildings, storage buildings, common park buildings, and park structures; 7. Recreational facilities or areas such as swimming pools, tennis courts, and playgrounds; 8. All common area or open space; 9. Off-street parking areas; 10. Fire hydrants and irrigation system; 11. All fences; including height and -materials; i 12. Location and type of light fixtures for lighting the .park streets and walkways; i 1 13. The layout of all utilities, including water supply, sewage, storm drainage, and electrical service. f. The floor plans and elevations of all park buildings shall be submitted with the site plan. 1 1 g. Any of the following plans may be required by the Planning Director or staff to supplement the recreational vehicle park site plan: 1 . Approximate center line profiles with extensions for a reasonable distance beyond the limits of the proposed recreational vehicle park showing the finished grade of the streets and the nature and extent of street construc- tion. Were any cut or fill will exceed three (3) feet in depth, a cross section of the road shall also be submitted; 2. Proposals for storm water drainage and flood control, including profiles of proposed drainage ways; 3. A landscaping plan in accordance with Chapter 17.57 of the McMinnville Zoning Ordinance. 12.070 Phased Development of Recreational Vehicle Parks. A recreational vehicle park maybe constructed in phases provided that a master plan has been approved by the City. 12.080 Length of Stay. Any use of a tent, tent camper, or recreational vehicle without plumbing facilities shall be limited to no more than thirty days in a 120 day period. To remain in a recrea- tional vehicle park beyond thirty days, a recreational vehicle shall be equipped with plumbing facilities and shall be connected to the .water and sewer systems of the park. Section 13. Desiqn Standards for Recreational Vehicle Parks. 13.010 Minimum Size. The minimum size for a recreational vehicle park shall be one acre. 13.020 Park Density. No more than 25 recreational vehicle spaces and/or campsites per acre shall be permitted. 13.030 Space Size. The space provided for each recreational vehicle shall be not less than 1,000 square feet in area exclusive of any space used for common areas, walkways, or parking areas. 13.040 Required Separation. Recreational vehicle stands shall be separated from each other and from park structures by-at least ten feet. 13.050 Setbacks. No recreational vehicle stand or park structure shall be located within 25 feet of a public right-of-way or within 20 feet of the property line. 13.060 Roadways. Roadways shall be paved with asphalt, .concrete, or a similar hard surface material and shall be designed to permit easy access to each recreational vehicle space. Roadway widths shall be as follows: a. A one-way road shall be a minimum of ten feet in width plus eight feet for each lane of parallel parking that is pro- vided. b. A two-way road shall be a minimum of twenty feet in width plus seven feet for each lane of parallel parking that is provided. 13.070 Parking. At least two off-street parking spaces shall be provided for each recreational vehicle. space or campsite. A recreational vehicle stand may be used as one of the required parking spaces. A parking space shall be paved with asphalt or concrete. 13.080 Clear Vision Areas. A clear vision area shall be maintained at the entrance and exit to the recreational vehicle park. A clear vision area shall conform with the following: a. A clear vision area shall contain no planting, fence, wall, structure, or temporary or permanent obstruction exceeding two and one-half feet in height, measured from the top of the curb, or where no curb exists, from the established street centerline grade, except that the following may be allowed in the clear vision area: l 1. Trees exceeding this height may be located in the clear vision area provided all branches and foliage are removed to a height of eight feet above the grade; 2. Telephone, power, and cable television poles ; 3. Telephone switch boxes provided that they are less than ten inches wide at the widest dimension. b. A clear vision area at the intersection of a public street and a park road shall .be the triangular area established according to the following dimensions: 1. A line extending thirty feet from the intersection along public right-of-way. 2. A line extending ten feet from the intersection along the park road. 3. A third line that creates the triangular clear vision area by connecting the ends of the lines described in 1 and 2 above. 13.090 Common Use Recreation Areas. A minimum of eight (8) percent of the gross site area for recreational vehicle parks shall be set aside and developed as common use areas for recreational facili- ties or recreational open spaces. 13. 100 Common Facilities. The park shall provide toilets, lavatories, and showers for each sex in the following ratios: for each fifteen recreational vehicle spaces or any fraction thereof: one toilet, one urinal, one lavatory, and one shower for men; and one toilet, one lavatory, and one shower for women. The toilets and showers shall afford privacy and and the showers shall be .. provided with private dressing rooms. 13.110 Perimeter Treatment. Except as required for vision clearance, the perimeter of each park shall be improved with: a. A sight-obscuring fence or wall not less that six feet nor more than seven feet in height; or b. Maintained evergreen landscaping that will mature within three years, and reach at least six feet in height at maturity; or c. A combination of a and b above. 13.120 Drainage. - Each recreational vehicle space or campsite and each park street shall be designed to facilitate water run off. 13.130 Refuse Disposal. Durable, water-tight, easily cleanable refuse containers shall be provided at the rate of eight cubic feet (60 gallons) for each five campsites or recreational vehicle spaces. to �� /vl c/�1 yti tii'�e Refuse containers shall be located in such a manner that at least one readily accessible refuse container is within 150 feet of any recreational vehicle space or campsite. 13. 140 Water Supply. a. The water supply shall meet the requirements of the Statg of Oregon Health Division and shall be connected to the City of McMinnville water system. b. %here individual water connections are not provided to recreational vehicle spaces or campsites, common use water faucets shall be conveniently accessible and located no more than 150 feet from any campsite of recreational vehicle space. _ c. A water station for filling recreational vehicle water storaoe tanks shall be provided. 13. 150 Sewage Disposal . a. The sewage disposal system shall meet the requirements of the State of Oregon Health Division and shall be connected to-the City of McMinnville sanitary sewer .system. b. A sanitary waste system, meeting the standards of the State of Oregon Health Division, shall be provided and shall be screened from recreational vehicle spaces, campsites, and adjacent property. Screening shall be achieved with: 1. A sight-obscuring fence or wall not less than six feet nor more than seven feet in height; or 2. Maintained evergreen landscaping that will mature within five years,. and reach at least six feet in height at maturity; or 3. A combination of a -and b above. J ,I - '�r8 - 1 � c Section 14. Recreational Vehicle Parks as Accessory Uses. r 14.010 Compliance. Any development or expansion of a recreational vehicle park that is an accessory use to a mobile home park shall comply with all applicable provision of this ordinance. 14.020 Approval Process. Development or expansion of a recreational' vehicle park as an accessory use to a mobile home park is subject to the approval process set forth in Section 12. Application for approval of plans for the use may be in conjunction with appli- cation for approval of a mobile hone park plan. 14.030' General Design Standards. Design standards for a recreational vehicle park which is an accessory use to a mobile home park shall be consistent with the design standards for recreational vehicle parks pursuant to Section 13 except for the following: a. Minimum Size. The minimum size of the entire development including both the mobile home park use and the recreational vehicle park accessory use shall be two acres. b. Open Space and Recreational Amenity Requirements. When recreational open ,space, landscaping, or similar amenities are required and are based on gross acreage of the develop- ment, the required areas or amenities shall be computed separately for the mobile hone park use and the recreational vehicle park use and shall be computed based on. the gross acreage intended for each use. ' 14.040 Use Separation. The area of the park designed for mobile home park use shall be physically separated from the area designated for recreational vehicle use by no less than a ten-foot wide landscaped buffer, a six-foot high eight-obscuring fence or planting, a twenty-foot wide roadway, or another similar method of separation meeting the approval of the Planning Director. 14.050 Use Ratio. Not more than 33 percent of the total spaces of the mobile home park and its recreational vehicle park accessory use shall be utilized by recreational vehicles. 14.060 Permitted locations. Any recreational vehicle park that is an accessory use to a mobile home park shall be located in an R-4 zone and shall be adjacent to and gain direct access from one of the following major arterial streets as designated in the McMinnville Comprehensive Plan: Highway 99W.or Highway 18. 9.404 Eugene Code 9.420 1. Electronic equipment and components. 2. Precision instruments. 3. Optics. (k) Nursing homes. (1) Parking facilities when not available for ov6-night use. (m) Printing and copying services. . (n) Private institutions offering a state licensed vocational curriculum. (o) Public radio and television stations. (p) Recycling and collection centers provided they are operated only between 8 a.m. and 6 p.m., one day in 14, and there s no on-site processing or storage. (q) Religious organizations. .- (r) Research . and development provided there shall be no radioactive materials, toxic,- or noxious matter associated with the use or process unless it is entirely surrounded by industrial zoning. In any event, all uses are subject to applicable performance standards in sections 9.636 to 9.662. (s) Secondary industries within completely enclosed buildings. (t) Storage for a fee within completely enclosed buildings. (u) Combinations of the above listed uses, with or without uses listed in section 9.402. (v) Uses similar in operational characteristics and external .. impacts to those otherwise listed in this section. (Section 9.404 added by Ordinance No. 19009, enacted August 9, 1982, and amended by Ordinance No. 19181, enacted September 21, 1983.) Commercial Districts Descriptions and Purposes 9.406 C-I Neighborhood Commercial District. C-1 Neighborhood Commercial District regulations are primarily intended to serve the day-to-day needs of a small support population, typically an adjacent residential neighborhood. Uses may occur independently on individual lots or parcels or as a cluster of small scale uses, but they often associate with a supermarket as the principal use in combination with a cluster of complimentary convenience and personal service establishments sharing common parking facilities. This district can also provide for housing when combined with commercial uses. or structures on the same development site. A select list of uses not necessarily oriented to daily consumer needs, but similar in size and external operating character to convenience commercial and personal service uses, are also included in the C-1 District. (Section 9.406 amended by Ordinance No. 19271, enacted August 8, 1984, effective September 7, 1984.) 9._420 C-2 General Commercial District. C-2 General _Commercial District regulations are primarily, intended to provide a wide range of purchaser goods and respond to entertainment, office, and service needs for a support population smaller than that of the metropolitan area, but larger than that of a neighborhood. Housing combined with commercial uses or structures on the same development site is 7/1/92 - .9.420 Eugene Code 9.438 also permitted in this district. Establishments may occur independently on individual lots or parcels, but are usually adjacent to other commercial uses. They may also locate in clusters that share parking facilities and other common areas. (Section 9.420 amended by Ordinance No. 19271, enacted August 8, 1984, effective September 7, 1984.) 9.434 . C-3 Major Commercial District. C-3 Major Commercial District regulations are primarily intended to provide a wide range of. purchaser goods, educational opportunities, entertainment, offices, travel accommodations, and services that attract people from the entire metropolitan area, Lane County, and adjacent counties. The application of this district is therefore limited to: (a) The central business district, and (b) Regional shopping center -locations with: 1. Shared parking facilities, 2. A total of at least 300,000 square feet of gross floor area in retail sales, offices, and related uses normally associated with retail sales, and 3. At least 80,000 square feet of the 300,000 square feet occupied by a single retail store. In addition, the central business district provides for government and administrative services, cultural facilities of regional significance, outdoor recreation, special civic events, small scale manufacturing often combined with on-site sales, and multiple family dwellings. (Section 9.434 amended by Ordinance No. 19271, enacted August 8, 1984, effective September 7, 1984.) 9.437 C-4 Commercial Industrial District. C-4 Commercial-Industrial District regulations are primarily intended to provide for automobile-oriented, commercial uses and complimentary processing, assembling, packaging, or repairing of previously manufactured products. This district is limited to areas designated Strip or Street-Oriented Commercial in the Metropolitan Area General Plan. It is further limited to development sites with direct frontage on arterials. Those development sites must also be located in areas already characterized by a mix of commercial and industrial establishments. (Section. 9.437 added by Ordinance No. 19271, enacted August 8, 1984, effective September 7, 1984.) 9:438 GO General Office District, GO General Office District regulations are primarily intended to provide for small to medium-sized office buildings, often in transitional locations between residential and commercial uses. Developments must be compatible with nearby residential uses in terms of scale, bulk, building and parking coverage, traffic generation, and other external factors. This district also encourages a compatible mix of dwellings and offices on the same or adjacent properties. (Section 9.438, formerly Section 9.392, amended by Ordinance No. 16779, enacted May 14, 1973; Ordinance No. 19271, enacted August 8, 1984, .effective September 7, 1984; and renumbered by Ordinance No. 19328, enacted June 10, 1985.) 7/1/92 9.440 Eugene Code 9.440 2. In the C-1 district, educational programs offered as a primary activity, or programs that are primarily specialized training in activities such as dance, drama, music, or religion, are limited to pre-school children. (e) Dwellings, multiple: 1. In all commercial zoning districts, including GO, site review procedure and approval is required as provided for in this ordinance; 2. In the C-1 and C-2 districts, multiple dwellings must occur in combination with commercial uses or structures. Parking facilities: are not considered commercial in this instance; and 3. In the C-3 district, multiple dwellings are only permitted in the central business district, and they must be compatible with other uses on the same and adjacent parcels. (f) Fireworks outdoor sales: June 24 to July 4. (g) Group care facilities for six or more persons: -Site review approval is required as provided for in this ordinance. (h) Manufacturing in the C-3 di trict: 1. Small scale with no external emissions out of character with adjacent or nearby commercial or residential uses; only; 2. When in multi-story buildings, above the first floor 3. All activity completely within enclosed buildings; 4. Limited to crafts, clothing, and similar manufacture and sales consistent with other permitted uses; and 5. No manufacturing from raw materials (primary manufacturing). 0) Plasma centers: I. Must have adequate interior waiting area to accommodate all donors there at one time; and 2. At least 800 feet between centers. (j) Recreational vehicle and ten park• 1. Minimum area: Four acres. 2. Maximum spaces per acre: 20. 3. Maximum number of spaces per park: 150. 4. Minimum interior yard setback to parking spaces: 10 feet. May be landscaped. S. Interior yard screening: Six to eight feet high, 75% site-obscuring fence or wall. 6. Bumpers or other stops sufficient to ensure no vehicular penetration of interior setbacks. 7. Front yard screening: 10 feet wide, 2.5 feet minimum height within one year. 8. Maximum stay: 90 consecutive nights. 9. Minimum staff: One resident manager. (k) Restaurant outdoor seating: When next to property in a residential district: 1. The distance between outdoor seating and residential f; property must be at least' 20 feet and must be planted and maintained with building official approved landscaping. 8�� 7/1/92 ,�; � � 53 9.439 Eugene Code 9.439 r Cl C2 C3 C4 GO Motorcyclesales/service. . . . . . . . . . .. . .. . . . . . . . . . . .. .. . . . . . P C P Movietheaters, drive-in . . . . .. . ... . . .. . . . . . . . . . . . . . . . C P Movietheaters, walk-in . .. ... ... .: . . . . . . . .. .. . . . . ... . . . . . . P P P Museums .. . .: . . . . . . ... . . .. . . .. . . . .. . . . . . .. . . . . ... .. Musicschools . ..... . . . . . . ... . . ... . . . . : . .. . .. .. . . . . . . . . P P .. . . . . . . . . . . Musical instrument stores . . . . . . .. . . . . . .. . . . . . . P P Newspaperprinting .. .......... .. . .. . . . . .. . .... .. . .. .... . .. P P Non-profit organizations' offices . . . . . . . .. . . ... . .. .. . . . . .. P P P p Nurseries, plants & plant materials .. ... . .:.. . . .. .. ... . . . . P P P Office equipment & supply stores . .. .. . ...... .. .... ... . . ... P P Opticians' offices . .....:...... . ..... .. ...... . . ..... ... . . . . P P P P Outdoor merchandise display (standards) .. ....... .. . ...... .. P P P P P Paint, glass,. and wallpaper stores .. ... ........... ...... . . P P P Parks & playgrounds .... .............. ..................... P P P - Parkingareas, pvt. ......... . ........ . .. ..... ............. P P P P P Parkingareas, public .. ........................ ........... . P P P P P Parking garages, private Upto two levels ..............:............... ........ . . P P P C Threeor more levels . .. ..... ...:. . . . . . ... .. .. ....... ... . C P P C Parking garages, public Upto two levels . .................. ......:............. . P P P C Three or more levels ............. P P C Pawnshops .......... .................... P P ............... .. . . Petshops ..... .. ..... . . ... ... ............ .......... ..... . . . P P P Photographers' studios ..................... .. .............' P P P Picture framing and glazing .. ..:....... .. ....... ....... . . . P P P Planned unit developments (as per PUO regulations) ........ P P P P P Plasma centers (standards) ........ ... .................... . C Plumbing supplies, must include retail .................... P P P Postoffices ....... ....... ........... . . .. ............. .. .. C P P Potteryshops . .. ..... . ........:........ ................... P P P Printing, blueprinting, duplicating, & allied services .... P P p Public buildings/facilities NEC. (except Sec. 9.492 uses). .. P P P P P Publishingservices ................. ....... ............. Radio & television sales/service ... .... .................. . p p . Radio, television, and recording studios .... .............. P P P Realestate sales offices ........... ................. P P P P Record and high fidelity equipment stores ........... P P P Recreational vehicle and tent parks (standards) ........... P P Recreational vehicle repair ............................... C p Recreational vehicle sales/service:.......:.... ..:........ . P C P Recruiting offices, U.S. military .... : . ................... P P . Rental services, NEC ......... ............ Restaurants, not drive-in/up, (standards) ......:......... .. P P P P Within office buildings ....: . ............... ............ p Restaurants, drive-in/up (standards)... .:.. . P P. Restaurant supply outlets P P P !Schools, pvt, licensed educational/vocational curriculum P P 5 7/1/92 (-7 r ,/ _ 1�� ASHLAND TRAILS R.V.. PARK DEVELOPMENT ECONOMIC IMPACT REPORT THIS REPORT IS BASED ON 7.5 ACRES OF LAND WITH 13.3 RENTAL UNITS PER ACRE . THE TOTAL NUMBER OF UNITS FOR THIS DEVELOPMENT EQUALS 100 . THIS REPORT USES TWO (2) VACANCY FACTORS TO SHOW FUTURE GROWTH OF THE-PROJECT WITHIN FIVE (5) YEARS. IT ESTIMATES THAT FROM 1 TO 3 YEARS THE ANNUAL VACANCY WILL GO FROM 50% TO 40X AND FROM 3 TO 5 YEARS THE VACANCY FACTOR WILL G_O FROM 30% TO 10% . ADDITIONALLY THIS REPORT WILL USE TWO (2) PEOPLE PER UNIT AS AN AVERAGE THROUGHOUT THE YEARS . ( I TO 3 YRS) (3 TO 5 YRS) 0% VACANCY 45% VACANCY 20XVACANCY AVAILABLE UNITS PER YEAR . . . . . . . 36 ,500 . . . . . 20 ,075 . . . . . 29,200 ADDITIONAL VISITORS PER YEAR. . ., 73,000 . . :. . 40 ,150 . . . . . . 58 ,400 EST . INCOME INTO R.V. PARK. . . $638 ,750. . . . $352 ,625 . . . . $511 ,000 (USING $17 .50 PER NIGHT) EST . INCOME DIRECT TO CITY . . . . . $44,712. . . . . $24 ,683 . . . . . . $35 ,770 (USING 7% BED TAX) EST . INCOME TO CITY 'S PROPERTY TAXES. . .$20 ,000 . . . (BASED ON 310.00 PER $1 ,000 . TAX ASSESS VALUE. ) EST . TOTAL INCOME TO CITY . . . . . . . .$64,712. . . . 544 ,683. . : . . . $55 ,770 INCOME INTO ASHLAND'S BUSINESS COMMUNITY BASED ON DAILY SPENDING OF PARTIES BY LODGING . 1 TO 3 YEARS $70 . PER DAY 3 TO 5 YEARS $85 . PER DAY $1 ,405 ,000 INCOME PER YEAR $2,482,000 INCOME PER YEAR JOB IMPACT ON ASHLAND COMMUNITY OVER 50' ,L OF THE EST. INCOME INTO THE ASHLAND LUSINESS COMMUNITY WILL BE USED AS SALARIES. USING $25,000 AS AN AVERAGE INCOME PER YEAR, PER PERSON, AN INCREASE OF $7009000 TO $1 ,200 ,000 WILL GENERATE AN ADDITIONAL 28 TO 48 JOB POSITIONS. ADDING TO THIS THE ADDITION OF 10 TO 15 EMPLOYEES FOR THIS DEVELOPMENT, AN OVERALL INCREASE OF 48 TO 65 JOBS WILL BE CREATED . % TYPES OF BUSINESSES AFFECTED RETAIL STORES . .SERVICE STATIONS: .RESTAURANTS. .PARTS STORES. .DRUG STORES. .GROCERY. STORES. .GIFTS SHOPS. .LAUNDRYMATS . .REPAIRS SHOPS. .TIRE SHOPS . .VIDEO STORES. .BARBER/HAIR SALONS. .REAL ESTATE OFFICES . .DOCTORS OFFICES. .THEATERS AND THE MOUNT ASHLAND SKI RESORT. SUMMARY *. BASED ON A REPORT BY S .O .V .A. , SOUTHWEST VISITORS SPENT IN 1990- 91 $215 MILLION IN THIS AREA; OF THIS OVER HALF WAS SPENT ON LODGING AND DINING, THE OTHER HALF WAS SPENT ON SHOPPING AND GROCERIES. * ACCORDING TO THIS REPORT 60% OF THE VISITORS TO SOUTHWEST OREGON STAYED IN MOTEL AND HOTELS . THIRTY PERCENT OF THE .VISITORS WERE R.V. OWNERS CAMPING. THE REMAINING VISITORS STAYED WITH FRIENDS OR RELATIVES. DUE TO A LACK OF FACILITIES, ONLY 6% OF THE VISITORS TO ASHLAND STAYED IN CAMPSITES. THIS INDICATES A 24% DIFFERENCE FROM THE REST OF THE AREA SURROUNDING ASHLAND AND THE CITY COULD INCREASE ITS NUMBER OF OVERNIGHT VISITORS BY 24% IF IT HAD A PLACE FOR THESE PEOPLE TO STAY . * AN INCREASE OF 24'!. OF THE REPORTED VISITORS INTO ASHLAND WOULD INCREASE IT'S NUMBER OF VISITORS BY 62 ,000 A YEAR. IN CONCLUSION THE ASHLAND TRAILS R .V. PARK WILL HAVE A SIGNIFICANT IMPACT ON THE ECONOMIC GROWTH OF THE CITY WITH AN INCREASED NUMBER OF VISITORS INTO THE CITY OF ASHLAND. LAND USE CHAPTER 18 .86 CHAPTER 18 .86 RECREATIONAL VEHICLE PARK DEVELOPMENTS SECTIONS 18 .86.010 PURPOSE 16 .86 .020 GENERAL PROVISIONS 18 .86 .025 DEFINITIONS 18 .86 .030 PROCEDURE FOR APPROVAL., 18 .86 .040 SETBACK REQUIREMENTS 18.86 .050 DESIGN STANDARDS 18.86 .060 ROADWAYS AND PARKING STANDARDS 18 .86 .070 SPECIAL CONDITIONS 18.86 .010 PURPOSE . THE PURPOSE OF THIS CHAPTER IS TO ENCOURAGE THE- MOST APPROPRIATE USE OF LAND FOR RECREATIONAL VEHICLE PARK.' DEVELOPMENT PURPOSES , TO ENCOURAGE DESIGN STANDARDS WHICH WILL CREATE PLEASING APPEARANCES , TO PROVIDE SUFFICIENT OPEN SPACE FOR LIGHT , AIR AND RECREATION , TO PROVIDE ADEQUATE ACCESS TO AND PARKING FOR RECREATIONAL VEHICLE SITES, AND TO REFER MINIMUM UTILITY SERVICE FACILITIES TO APPROPRIATE CITY CODES . 18 .86 .020 GENERAL PROVISIONS . A. NO PERSON SHALL ESTABLISH, OPERATE , MANAGE , MAINTAIN , ALTER OR ENLARGE ANY RECREATIONAL VEHICLE PARK DEVELOPMENT CONTRARY TO THE PROVISIONS OF THIS ORDINANCE . B . IN ADDITION TO THE REQUIREMENTS OF THIS CHAPTER, ALL RECREATIONAL VEHICLE PARK DEVELOPMENTS SHALL CONFORM TO THE REGULATIONS OF ORS CHAPTER 916 DIVISION 650 , TOGETHER WITH SUCH ADMINISTRATIVE RULES AS MAY BE ADOPTED FROM TIME ' TO TIME , EXCEPT WHERE SUCH REGULATIONS ARE EXCEEDED BY THE REQUIREMENTS OF THIS CHAPTER , IN WHICH CASE THE MORE STRINGENT REQUIREMENTS SHALL APPLY . C . RECREATIONAL VEHICLE PARK DEVELOPMENTS SHALL BE SUBJECT TO REGULATIONS OF THIS CHAPTER AND SHALL BE LOCATED ONLY ON SITES APPROVED FOR USE UNDER THE PROVISIONS OF SUCH CHAPTER . D . RECREATIONAL VEHICLE PARK DEVELOPMENTS MAY BE LOCATED ONLY IN E-1 ZONES. E . RECREATIONAL VEHICLE PARK DEVELOPMENTS SHALL BE ADJACENT TO INTERSTATE HIGHWAY 51 HAVE ACCESS FROM AN .INTERCHANGE NOT MORE THAN 750 FEET FROM THE CENTER OF THE INTERCHANGE, AND THE NEAREST PROPERTY LINE OF THE PARK SHALL BE WITHIN FIVE HUNDRED FEET OF THE PRIMARY ACCESS ROAD FROM THE .INTERSTATE.. i LAND USE CHAPTER 18 .86 18 .86 .025 DEFINITIONS . THE FOLLOWING TERMS ARE DEFINED FOR TH7: PURPOSE OF THIS CHAPTER AND DO NOT OTHERWISE APPLY TO THE LAND USE ORDINANCE : A . BUILDING ENVELOPE. AN AREA , WITHIN THE PROPERTY BOI.INDARIES OF A LOT OR SPACE , WITHIN WHICH A PERMITTED RECREATIONAL VEHICLE SITE OR STRUCTURE CAN BE PLACED . B . CITY FACILITY . A PUBLIC SERVICE OR FACILITY PROVIDED , OWNED AND CONTROLLED BY THE CITY . C . DIAMETER BREAST HEIGHT . THE OUTSIDE DIAMETER OF THE TRUNK: OF A TREE ; MEASURED 4 .5 FEET ABOVE GROUND LEVEL . D . OPEN SPACE . A COMMON AREA DESIGNATED ON THE FINAL PLANS OF THE DEVELOPMENT, PERMANENTLY SET ASIDE FOR THE COMMON USE OF THE RESIDENTS OF THE DEVELOPMENT . THE OPEN AREA MAY BE LANDSCAPED AND/OR LEFT WITH A NATURAL VEGETATION COVER , AND IN WHICH AREA NO THOROUGHFARES, PARKING AREAS , OR IMPROVEMENTS OTHER THAN RECREATIONAL FACILITIES ARE LOCATED . ALL DEVELOPMENTS SHALL PROVIDE A MINIMUM OF 10% OF THE TOTAL LOT AREA IN OPEN SPACE . E. UNBUILDABLE AREA . ALL AREAS OUTSIDE OF BUILDING ENVELOPES AND WITHIN OPEN SPACE . 18 .84 .030 PROCEDURE FOR APPROVAL . A . OUTLINE PLAN : 1 . • APPLICATION FOR RECREATIONAL VEHICLE PARK: DEVELOPMENT APPROVAL UNDER THIS CHAPTER SHALL BE ACCOMPANIED BY A ' PROPOSED OUTLINE PLAN. 2. A TYPE II PROCEDURE , AS DEFINED IN THIS ORDINANCE , SHALL BE USED FOR THE APPROVAL OF THE OUTLINE PLAN . 3. CONTENTS. THE CONTENTS FOR AN OUTLINE PLAN SHALL BE AS FOLLOWS: A. A TOPOGRAPHIC MAP SHOWING CONTOUR INTERVALS OF FIVE FEET. B. THE PROPOSED LAND USES AND APPROXIMATE LOCATIONS OF THE EXISTING BUILDINGS TO BE RETAINED, THE PROPOSED STRUCTURES ON THE SITE, THE PROPOSED AND EXISTING PROPERTY LINES AND EASEMENTS ON THE SITE, AND EXISTING BUILDINGS, STRUCTURES , AND TREES. GREATER j THAN SIX INCHES IN DIAMETER MEASURED AT BREAST HEIGHT ON THE PROPERTIES ADJACENT TO THE SITE , LAND USE CHAPTER 18 .86 AND ALL BUILDINGS WITHIN 160 FEET OF THE SITE BOUNDARIES . C . THE LOCATIONS OF ALL PROPOSED THOROUGHFARES WALK- WAYS , AND PARKING FACILITIES . D ., ' PUBLIC USES, INCLUDING SCHOOLS , PARKS , PLAYGROUNDS , OPEN SPACES AND TRAILS . E . PUBLIC OR PRIVATE UTILITIES . F . GENERAL AREAS OF CUTS AND FILL . G. THE LOCATION OF NATURAL FEATURES SUCH AS ROCK OUTCROPPINGS, MARSHES, WOODED AREAS, AND ISOLATED PRESERVABLE TREES . H . THE LOCATION AND DIRECTION OF ALL WATERCOURSES AND AREAS SUBJECT TO FLOODING . I . SITES OR AREAS FOR THE LOCATION OF RECREATIONAL VEHICLES WITH BUILDING ENVELOPES SHOWING THE PERMISSIBLE LOCATION OF THE DWELLING UNIT . J . ARCHITECTURAL ELEVATIONS OF PROPOSED STRUCTURES OTHER THAN RECREATIONAL VEHICLES, IF ANY . THE ELEVATION SHOULD BE TO SCALE AND SHOULD INCLUDE THE PROPOSED STRUCTURES AND ALL ATTACHED EXTERIOR HARDWARE FOR HEATING AND COOLING . K . A WRITTEN STATEMENT WHICH WILL CONTAIN AN EXPLANATION OF : i . THE CHARACTER OF THE PROPOSED DEVELOPMENT AND THE MANNER IN WHICH IT HAS BEEN DESIGNED TO TAKE ADVANTAGE .OF THE PERFORMANCE STANDARDS CONCEPT . ii . THE PROPOSED MANNER OF FINANCING. iii . THE PRESENT OWNERSHIP OF ALL THE LAND INCLUDED WITHIN THE DEVELOPMENT . iv . THE METHOD PROPOSED TO MAINTAIN COMMON OPEN AREAS, BUILDINGS AND PRIVATE THOROUGHFARES. v. THE PROPOSED TIME SCHEDULE OF THE DEVELOP- MENT. vi . THE FINDINGS OF THE APPLICANT SHOWING THAT THE DEVELOPMENT MEETS THE CRITERTA SET FORTH 4� LAND USE CHAPTER I8.B6 IN THIS ORDINANCE AND THE ASHLAND COMPREHENSIVE PLAN . 4 . THE PLANNING COMMISSION SHALL APPROVE THE OUTLINE PLAN WHEN IT FINDS THE FOLLOWING CRITERIA HAVE BEEN MET : A . THAT THE DEVELOPMENT MEETS ALL APPLICABLE ORDINANCE REQUIREMENTS OF THE CITY OF ASHLAND . B. THAT ADEQUATE CITY FACILITIES CAN BE PROVIDED INCLUDING WATER, SEWER , PAVED ACCESS TO AND THROUGH THE DEVELOP- MENT , ELECTRICITY , URBAN STORM DRAINAGE , AND ADEQUATE TRANSPORTATION ; AND THAT THE DEVELOPMENT WILL NOT CAUSE A CITY FACILITY TO OPERATE BEYOND CAPACITY . C. THAT THE EXISTING AND NATURAL FEATURES OF THE LAND; SUCH AS WETLANDS, FLOODPLAIN CORRIDORS , PONDS, LARGE TREES , ROCK OUTCROPPINGS , ETC. , HAVE BEEN IDENTIFIED IN THE PLAN OF THE DEVELOPMENT AND SIGNIFICANT FEATURES HAVE BEEN INCLUDED IN THE OPEN SPACE , COMMON AREAS , AND UN- BUILDABLE AREAS . D. THAT THE DEVELOPMENT OF THE LAND WILL NOT PREVENT ADJACENT LAND FROM BEING DEVELOPED FOR THE USES SHOWN IN THE COMPREHENSIVE PLAN . E . THAT THERE ARE ADEQUATE PROVISIONS FOR THE MAINTENANCE OF OPEN SPACE AND COMMON AREAS , IF REQUIRED OR PROVIDED , AND THAT IF DEVELOPMENTS ARE DONE IN PHASES THAT THE EARLY PHASES HAVE THE SAME OR HIGHER RATIO OF AMENITIES AS PROPOSED IN THE ENTIRE PROJECT . F. THAT THE PROPOSED DENSITY MEETS THE BASE STANDARDS ESTABLISHED UNDER THIS CHAPTER. 5 . APPROVAL OF THE OUTLINE PLAN . A , TO THE EXTENT ALLOWED BY STATUTE , THE PLANNING COMMISSION MAY EXTEND THE PUBLIC HEARING TO GATHER MORE INFORMATION . B. THE PLANNING COMMISSION MAY APPROVE OR DISAPPROVE THE OUTLINE PLAN AND APPLICATION OR REQUIRE CHANGES , OR IMPOSE CONDITIONS OF APPROVAL WHICH IF FINDS NECESSARY TO CONFORM WITH THE STANDARDS OF THIS ORDINANCE AND THE PURPOSE OF THIS CHAPTER. APPROVAL OF THE OUTLINE PLAN AND APPLICATION, AND CONDITIONS OF APPROVAL ARE FINAL TO ' ALL ISSUES RESOLVED .AT THAT TIME UNLESS APPEALED . 4 � LAND USE CHAPTER 18 .86 C . AFTER AN OUTLINE PLAN , WHICH HAS HAD A PUBLIC HEARING , IS APPROVED , THE DEVELOPER MAY THEN FILE A FINAL_ PLAN IN PHASES OR IN ITS ENTIRETY . HOWEVER , A FINAL PLAN MAY NOT BE FILED UNTIL THE COUNCIL ADOPTS ANY ZONE CHANGE NECESSARY FOR THE DEVELOPMENT . D . IF AN OUTLINE PLAN IS PHASED , 50% OF THE VALUE OF THE RECREATIONAL AMENITIES SHALL BE PROVIDED IN THE FIRST PHASE AND ALL RECREATIONAL AMENITIES SHALL BE PROVIDED WHEN TWO-THIRDS OF THE UNITS ARE FINISHED . 18.86 .040 SETBACK REQUIREMENTS . A . EXTERIOR SETBACKS . RECREATIONAL VEHICLE SITES ALONG THE EXTERIOR BOUNDARY OF THE PARK' SHALL BE SO DESIGNED SO THAT ANY PART OF A RECREATIONAL VEHICLE SHALL BE SET BACK AT LEAST 20 FEET FROM ANY STREET OR EXTERIOR PROPERTY LINE . B . INTERIOR SIDE AND REAR YARD SETBACKS . , THERE SHALL BE SIDE OR REAR YARDS OF AT LEAST SIX FEET . C. WHERE NEEDED TO ENHANCE AESTHETICS OR INSURE PUBLIC SAFETY , THE RECREATIONAL VEHICLE PARK SHALL.. -BE ENCLOSED BY A FENCE, WALL, LANDSCAPE SCREENING OR OTHER DESIGN APPROVED BY THE PLANNING COMMISSION WHICH WILL COMPLEMENT THE LANDSCAPE AND ASSURE COMPATIBILITY WITH THE ADJACENT ENVIRONMENT . D . EACH RECREATIONAL PARK SHALL SET ASIDE ALONG THE PERIMETER OF THE PARK THE FOLLOWING AREAS WHICH SHALL BE LANDSCAPED AND USED FOR NO OTHER PURPOSE . i . MINIMUM FRONT SETBACK OF TEN (10) FEET . ii . MINIMUM SIDE AND REAR SETBACKS , WHEN ABUTTING RESIDENTIAL DISTRICT , THE SETBACK SHALL BE AN EIGHT (8) FOOT LANDSCAPED AREA WITH THE NEAREST RECREATIONAL:. VEHICLE SPACE NOT CLOSER THAN TWENTY (20) FEET TO THE NEAREST PROPERTY LINE . 18 .84.050 DESIGN STANDARDS . A. MINIMUM PARK SIZE. .A RECREATIONAL VEHICLE PARK DEVELOPMENT SHALL OCCUPY A SITE OF NOT LESS THAN FOUR (4) ACRES IN SIZE . B . DENSITY . THE MAXIMUM DENSITY PERMITTED SHALL BE FIFTEEN (15) RECREATIONAL VEHICLE SITES PER ACRE OF DEVELOPED PARK AREA . C. RECREATIONAL VEHICLE SITES. ALL RECREATIONAL VEHICLE SITES _ OR LOTS MUST BE AT LEAST 19100 SQUARE FEET IN SIZE, AT LEAST LAND USE CHAPTER 18 .86 22 FEET WIDE , AND AT LEAST 50 FEET DEEP . D . LOT COVERAGE . MAXIMUM LOT COVERAGE OF ANY INDIVIDUAL RECREATIONAL VEHICLE SITE SHALL BE 55% IN THE E-1 ZONE. THE REMAINING 45% WILL CONSIST OF LANDSCAPING AND UTILITIES HOOKUPS . E . LANDSCAPING. 1 . ALL AREAS OF THE DEVELOPMENT NOT OCCUPIED BY PAVED ROAD- WAYS, PATHWAYS, PARKING AREAS , OR NOT OCCUPIED BY OTHER FACILITIES SHALL BE LANDSCAPED . AREAS WHICH CONTAIN SIGNIFICANT NATURAL VEGETATION MAY BE LEFT IN AN NATURAL STATE , IF APPROVED ON THE FINAL LANDSCAPING PLANS . F . FENCING. FENCING SHALL COMPLY WITH ALL FENCING REQUIREMENTS AS PER SECTION 18.68 .010 OF THE TITLE . G . UTILITIES. PROVISIONS FOR ELECTRIC , WATER AND SANITARY SERVICE SHALL BE MADE IN ACCORDANCE WITH ESTABLISHED CITY PROCEDURES AND LAW , INCLUDING NUMBER, SIZE , QUALITY AND LOCATION OF FIXTURES , CONNECTIONS AND FACILITIES . TELEPHONE AND ELECTRIC LINES SHALL BE PLACED UNDERGROUND. H. ALL DEVELOPMENTS ARE REQUIRED TO PROVIDE A MINIMUM OF 10% OF THE TOTAL LOT AREA IN OPEN SPACE. 18.86.060 ROADWAY AND PARKING STANDARDS . A. EACH INTERIOR ROAD SHALL ALLOW FOR PEDESTRIAN TRAVEL BY USING MINIMUM WIDTH SIZES AS FOLLOWS : 1 . ONE WAY TRAFFIC ROADS, WITH NO PARKING , SHALL NOT BE LESS THAN FIFTEEN (15) FEET WIDE . 2. ONE WAY TRAFFIC ROAD , WITH ROADSIDE PARKING , SHALL NOT BE LESS THAN TWENTY (20) FEET WIDE . 3. TWO WAY TRAFFIC ROAD, NO PARKING , SHALL NOT BE LESS THAN TWENTY-FIVE (25) FEET WIDE . 18.86.070 SPECIAL CONDITIONS . A . FOR THE MITIGATION OF ADVERSE .IMPACTS, THE CITY MAY IMPOSE CONDITIONS. RESTRICTIONS MAY INCLUDE , BUT ARE NOT LIMITED TO, THE FOLLOWING: 1 . REQUIRE VIEW-OBSCURING SHRUBBERY ; WALLS OR FENCES . j 2. REQUIRE RETENTION OF SPECIFIC TREES , ROCKS, WATER PONDS OR COURSES , OR OTHER NATURAL FEATURES . -o 63 LAND USE CHAPTER 18 .86 B . NO RECREATIONAL VEHICLE PARK DEVELOPMENTS MAY BE LOCATED WITHIN THE ASHLAND HISTORIC DISTRICT . C . NO ENTRANCE OR EXIT FROM A RECREATIONAL.. VEHICLE PARK SHALLL... BE PERMITTED THROUGH A RESIDENTIAL. DISTRICT NOR REQUIRE MOVEMENT OF TRAFFIC FROM THE PARK THROUGH A RE:S):1'AENTTAL DISTRICT . D . RECREATIONAL VEHICLE SPACES SHALL HE RENTED BY THE DAY OR WEEK. E . OCCUPANTS OF SUCH SPACES SHALL REMAIN IN THE SAME RECREATIONAL VEHICLE PARK NOT MORE THAN THIRTY (30) CONTINUOUS DAYS PER YEAR . F . RECREATIONAL VEHICLE PARKS SHALL OFFER TO ITS PATRONS, TOKENS FOR ROGUE VALLEY TRANSIT DISTRICT OR SUPPLY A SHUTTLE SERVICE . 44 PROPOSAL FOR AN R V PARK IN THE CITY OF ASH AN PR S NT ❑ BY RLIDnLPH WFRTEPNY 76 V RNON t t nWTf `S INTRODUCTION ASHLAND OREGON IS THE MOST TOURIST ATTRACTED CITY IN ALL OF THE ROGUE VALLEY. YET, THIS WELL ROUNDED CITY WITH ALL ITS MOTELS, RESTAURANTS, BED AND BREAKFAST AND SHOPS, DOES NOT HAVE AN R.V. PARK TO OFFER TRAVELERS WHO TRAVEL BY MOTORHOME, TRAVEL TRAILERS OR CAMPERS A PLACE TO STAY. BETTER THAN ONE THIRD OF THE TRAVELERS TRAVEL THROUGHOUT THE NATION IN MOTORHOMES, TRAVEL TRAILERS, AND CAMPERS. MANY OF THESE PEOPLE ARE RETIREES WITH LOTS OF TIME TO SIGHTSEE YEAR ROUND. AS OF TODAY THE CLOSEST R.V. PARK IN WHICH THE PUBLIC CAN USE + FOR AN OVERNIGHT STAY IS IN PHOENIX, EMIGRANT LAKE KOA AND JACKSON HOT SPRINGS. NONE OF THESE ARE IN THE CITY LIMITS. OF ASHLAND AND DO NOT GENERATE A DIRECT SOURCE OF REVENUE FOR THE CITY. WE ARE PROPOSING AN R.V. PARK THAT WILL ATTRACT THESE TRAVELERS INTO THE CITY LIMITS AND BENEFIT THE CITY IN REVENUE AND JOBS. J - G� R_V_ PARK LOCATION THIS PROPOSED PROJECT WILL BE LOCATED AT:MAP 391E14A LOT 900, 1000, 1100 (SEE ATTACHED MAP #1) ADDRESS OF LOCATION: 550 CLOVER LANE ASHLAND, OREGON. THIS LOCATION IS IN THE AREA OF THE ASHLAND HILLS INN, FLAGSHIP MOTEL, VISTA MOTEL, EXXON SERVICE STATION, B.P. SERVICE STATION AND MAPCO COLD STORAGE WAREHOUSE. THE PROPERTY PRESENTLY CONSISTS OF 5 RENTAL APARTMENT TYPE HOUSES AND APPROX . 4 ACRES OF OPEN FIELDS. THE FOLLOWING PROPERTIES ARE ADJACENT TO THE SUBJECT LOCATION. NORTH BORDER OF PROPERTY , VISTA MOTEL AND MAPCO WAREHOUSE WEST BORDER OF PROPERTY. . . . I-5 INTERSTATE. SOUTH BORDER OF PROPERTY . . . RENTAL HOUSE (OWNED BY LUDWIG) EAST BORDER OF PROPERTY. . . . UNDEVELOPED VACANT LAND AND THE END OF SPRING CREEK ROAD: (SEE ATTACHED MAP #1) THIS LOCATION IS THE MOST DESIRABLE SITE FOR AN R.V. PARK. THIS IS BECAUSE OF THE SIMILAR TYPE BUSINESSES IN THIS AREA, ITS CLOSENESS TO THE I-5 INTERCHANGE, AND THE AMOUNT OF LAND NEEDED FOR THIS SIZE PROJECT. 47 DESCRIPTION OF R_V. PARK THIS PROJECT WILL CONSIST OF 100+ RENTAL R.V. SPACES, 1 MANAGER'S QUARTERS- AND OFFICE, 1 CONVENIENCE STORE AND 1 FAMILY RECREATIONAL CENTER WITH POOL. EACH R.V. SPACE WILL BE 55'X 20' IN TOTAL SIZE, WHICH WILL INCLUDE WITHIN EACH SPACE 1-55'X 10' LAWN STRIP WITH TREES, TABLE AND CHAIRS AND UTILITY CONNECTIONS. THE ADDITIONAL 55'X 10' AREA WILL BE OF A HARD NON-PAVED SURFACE FOR R.V. PARKING. . THE ENTIRE PARK WILL BE LINED BY TREES AND SHRUBS ENCLOSING THE PARK FOR PRIVACY . ADDITIONAL TREES AND PLANTS WILL BE PLANTED THROUGHOUT THE PROJECT TO GIVE IT A PARK-LIKE SETTING. A HARD SURFACE ROAD WILL WRAP AROUND THE INSIDE OF PARK WITH STREET-TYPE LIGHTING AS NEEDED. RESTROOMS AND LAUNDRY FACILITIES WILL BE LOCATED THROUGHOUT FOR USE BY PATRONS. (SEE MAP #2) IT IS OUR INTENTION TO CREATE A PARK-LIKE RELAXING SETTING AND GIVE THE TRAVELER A CHANCE TO ENJOY THE REAL BEAUTY OF OREGON. . DEMAND AN INCREASE OF MOTORHOMES, TRAVEL TRAILERS, AND CAMPERS TRAVELING THROUGHOUT THE NATION HAS CREATED AN INCREASED NEED FOR OVERNIGHT LOCATIONS FOR THESE TRAVELERS TO STAY . THE CITY OF ASHLAND HAS NOT, AT THIS POINT IN. TIME, SUPPLIED SUCH A LOCATION. WE AS DEVELOPERS FEEL THAT THE TIME IS RIGHT FOR SUCH A PROJECT. IN THE PAST SEVERAL YEARS, IT HAS BEEN NOTED THAT AN INCREASED NUMBER OF THESE VEHICLES HAVE BEEN PARKING THROUGHOUT THE CITY'S STREETS, SHOPPING CENTERS, AND VACANT LOTS, MANY OF WHICH WILL END UP SPENDING THE NIGHT IN THESE LOCATIONS. WITHOUT A PARK SUCH AS OURS, AN EVEN LARGER NUMBER OF THESE VEHICLES WILL BE SEEN TRYING TO PARK WHERE ROOM WILL PERMIT. THIS WILL PUT AN ADDED BURDEN ONTO THE CITY FOR MORE PARKING SPACES FOR THE SIGHTSEERS AND TOURIST. OUR R.V. PARK WILL BE OFFERING A SHUTTLE SERVICE THAT WILL . TRANSPORT OUR PATRONS TO THE DIFFERENT LOCATIONS THROUGHOUT THE CITY AND TO MOUNT ASHLAND. THIS WILL MAKE OUR R.V. PARK A MORE DESIRABLE PLACE TO STAY AND MAY HELP KEEP SOME OF THESE LARGE VEHICLES OUT OF THE DOWNTOWN AREA. ECONOMICS IN TODAY'S ECONOMIC SITUATION, MOST CITIES ARE LOOKING FOR ADDITIONAL SOURCES OF REVENUE WITH MINIMUM INCREASE OF EXPENSE. TWO OF THE SOURCES OF REVENUE FOR THE CITY OF ASHLAND COMES FROM FEES ON ELECTRIC BILLS AND FEES ON OVERNIGHT PATRONS. BY INCREASING THE NUMBER OF VISITORS WHO COULD STAY IN THIS CITY , IT WILL GENERATE ADDITIONAL REVENUE. ADDITIONALLY , AN INCREASED OF VISITORS WILL ASSIST OTHER BUSINESSES SUCH AS RESTAURANTS, STORES, SERVICE STATIONS AND OTHER SERVICE TYPE RELATED BUSINESSES. THE FACT. THAT NO LARGE BUILDINGS WILL BE NEEDED AND THE PLANTING OF TREES, LAWN AND SHRUBS WILL BEAUTIFY ONE OF THE MOST USED ENTRANCES TO THE CITY . THESES IMPROVEMENTS WILL BETTER REPRESENT THE TRUE CITY OF ASHLAND. + THE I-5 INTERSTATE IS THE MAIN STREET TO OREGON. AS PEOPLE TRAVEL TO AND FROM OREGON, THE FIRST OR LAST PLACE THEY SEE WILL BE ASHLAND. WE FEEL THAT IT WOULD BE BETTER TO SEE A GREEN PARK- LIKE SETTING AT THIS LOCATION, . THAN TO SEE COMMERCIAL BUILDINGS OR A RUNDOWN OLD BUILDING. THE FIRST IMPRESSION IS THE LAST IMPRESSION. �O "inuG MANY CITIES TODAY HAVE TO BE CONCERNED ABOUT THE EVER INCREASING DEMAND FOR JOB OPPORTUNITIES. WE FEEL THAT WE WILL BE . HELPING CREATE ADDITIONAL JOBS WITH THIS PROJECT. WE WILL BE NEEDING POSITIONS SUCH AS MANAGERS, STORE CLERKS, MAINTAINENCE PERSONNEL, LIFEGUARDS, MECHANICS, SHUTTLE DRIVERS AND LANDSCAPERS. WE ESTIMATE 15 TO 25 JOB POSITIONS WILL BE CREATED BY THIS PROJECT. ADDITIONALLY, OTHER BUSINESSES WILL BENEFIT FROM THE INCREASED DEMAND FOR THEIR SERVICES AND WILL NEED TO INCREASE EMPLOYMENT. AGAIN WE FEEL THAT THIS PROJECT WILL HELP THE CITY WITH THEIR EMPLOYMENT PROBLEMS. TOTAL BENEFIT WHY AN R.V.-PARK? J CURRENTLY THIS PROPERTY IS USED FOR RENTAL APARTMENTS, A RENTAL HOME, HEAVY EQUIPMENT .STORAGE AND AN OPEN MEADOW. THIS PROPERTY IS ZONED E-19 WHICH MEANS THAT EMPLOYMENT IS THE MAJOR FACTOR IN ITS DEVELOPMENT.' DEVELOPING A MILL REQUIRES TIMBER WHICH IS A DECLINING INDUSTRY . FACTORIES .CREATE' NOISE OR POLLUTION PROBLEMS. THE NEED FOR OFFICE BUILDINGS OR A OFFICE COMPLEX ALSO REQUIRES POPULATION GROWTH WHICH CAN NOT BE HANDLED AT THE PRESENT TIME BECAUSE OF WATER SUPPLY AND WASTE DISPOSAL PROBLEMS. RETAIL STORES, AGAIN, REQUIRE A LARAGE POPULATION TO BE SUCCESSFUL. MOREOVER RESTAURANT AND MOTEL COMPETITION. IS ALREADY AT IT MAXIMUM FOR ASHLAND. THIS. R.V. PARK WILL NOT ONLY CREATE JOBS BUT WILL BENEFIT OTHER BUSINESSES, AND INCREASE REVENUE FOR THE 'CITY . WE ARE NOT PROPOSING TO DESTROY THE LAND,- BUT TO PLANT TREES, SHRUBS AND. GRASS AND TO HELP THE CITY OF ASHLAND BE A PLACE WHERE ALL TRAVELERS, TOURISTS, GUESTS AND VISITOR WILL FEEL WELCOMED. 4 SEC. 14 T. 3 9 S. R. I E W.M. 11A 1. < Seek 1". 200' k NNW 501"., y ....�\ 500 c---� 600 0.0 P `SEfL�ICE' � i H� 4 $ (I 701 1 0 c ` STio uP 000 � '3r � F•� ' a !vim 700 b 4u — 110 C) V.302 P.417 R • \ v 1102 e, 7� E 241 1200 LL:i1 Q ro7 2EA'TO-L i!r A. co � ' � 9 a.s• N�IPARTITION PLAT 3 y �."', 1300 °= NO. P-53-1991 (P-12528) , .� 1400 ,. . �o. 6 31 �� - -- 2500 4J4 .«.." �. ` .,F a S . Vfff P.iL »!/sPl 4'• j3 P. ) AMERICAN P FIC (500 TIDE :& ESCROW RIF Away 1;1a PIa2a 8 A ���1ad1rkl 1(Jrop n 97501 . IRS '• Q "tS THIS W -?u': ED SOLELY, /� �5 K • Oy j 3/7r FOR ", OF A S i J ING :` +'"- Sri OP THE Phi':^GflT!° i •'iv v;lkNY ASS- -M urns TIONS. ;F /.:F•. It iVmv_N 1OM k . q • 'J}i a f l I OR LOC•aT:�'<3 .A°,•1. _ltTAlRad @'G q � .. ..• � �,OTUAL :BUR ; 1.1600 T•C.. a i'• •304*7J' SUMMATION FOR PROPOSED R.V . PARK. The application for a Recreational Vehicle Park to be located at 535 Clover_ Lane will benefit the City of Ashland in many ,ways and with very little impact on city services, streets, or utilities. One of the main purposes of Ashland's comprehensive plan is "that the comprehensive plan and updated land use code provide adequate opportunities for a variety of economic activities in the city." To date, Ashland does not supply to the recreational vehicle owner a place to stay within the city limits . According to statistics, over five million R.V. 's were .purchased in the past twelve years. There were over five million purchased prior to 1978. The fast growing enjoyment of R.V . 's in this country is now growing by 225,000 units per year . The majority of those people will use their R.V. 's to travel and sightsee throughout the country . According to the 1980 Southern Oregon Visitor Association who researched tourism in Jackson County, revealed that out of 434 visitors, 482 stayed somewhere outside the city limits. Of that 482 , only 62 staying in Ashland were able to camp in Ashland . Furthermore, a survey conducted by the Recreational Vehicle Industry Association showed that in 1990 over 382 of travelers today travel by R.V.'s. Keeping, these figures in mind , it is obvious that Ashland is missing out on a large group of people who could otherwise be vacationing in the City of Ashland . A profile of the first time buyer offered by a survey by RVIA shows that 922 of. those R.V. owners own homes, are married , and the average age -is 49 years old . Attached to this summary is a copy of an article from the Year in Review-1991 from- RVIA. The article shows that R.V. 's are here to stay and growing everyday and that R.V. parks will continue to be a demand in the + city. This calls for a change in Ashland's zoning ordinance. The already submitted ordinance from the State of Oregon covers all requirements needed to provide a minimum of safety standards for design and construction of R.V. Parks. The Addition of Location Ordinance already submitted should meet the request from the Ashland Planning Committee in order to limit R.V. parks into the city limits. In reference to Ashland Planning Department's pre-application conference comment sheet, in the matter of the criteria for a Conditional Use Permit , the following items were researched and found the following facts: -,j An R.V. park will have little, if . any, adverse effects on the . livability of the impact area.. The allowable use for an E-1 zone would include, for example, an office building . A 10,000 square foot office building would. generate over 1,190 vehicle trips per day in that area. The amount of land in which we hope to develop into an R.V. park would allow up to (5) 10,000 sq . ft . buildings , and would generate almost 10,000 vehicle trips a day . We anticipate less than 300 a day with the R.V. park . Presently , the architectural design of the impact area consists of six run down buildings and is a real eyesore, as it is the front door to the City of Ashland . The development of the proposed project will not only eliminate the eyesore, but will improve the appearance of the entrance into Ashland . We will accomplish this by utilizing trees, shrubs, plants , and grass. Any existing buildings that are to remain will be remodeled in accordance with the City's requirements. In addition , this type of project has no adverse effects on air quality , nor does it generate excessive noise and light . With an F.V. park developed in this area, adjacent properties have the opportunity to develop into related businesses. In the matter of water supply , according to Dennis Harnts of 'Ashland's Water Department , he estimates that the project will have adequate water and sewer available from the city . We intend to utilize existing wells on the property along with existing T .I .D. water rights to do all irrigation of our landscaping which will not put a burden on the city's water supply. It will enable us to keep a lush, green park . Finally, any positive action by a community to create jobs, increase city revenue, and stimulate economic growth is a step in economic stability. We are certain that now is the time in which the city should take this step . With just a few good weather months left in the year for which we could develop the park , we would very much like to see an approval of a Conditional Use Permit and Ordinance without any further delays and would like to be opened in time to help support Mt . Ashland Ski Resort . Tour sm's m .ac. detailed , d today; "Theseflgures illustrate that lottery revenues.allocated to i As=outhiestem than 3 tourism is a crucial part of the iegioual strategies:under the millio came to economy of the region,'said OregodEconomic Development Oregon John Cooper,director ofSOVA. Depattment from the summer of 1990 "When you consider that The study also said:: hotels -through spring 1991. visitors pump over$215 million :'The Southwestern Oregon into the economy,it should be a r Visitors staying or motels accounted for 82 Visitors Association report says high priority ofthe region to they spent a total of$215 continue activities that will percent of total visitor :inillion in the region.Over half attract visitors and keep the expenditures,50 percent of of ibis was spent on lodging and momentiim going.In many visitor parties and 43 percent of dining with the'remainderspent areas of southwestern Oregon, theyisitordaY.S. . on shopping,groceries, tourism is the one ray ofhope in it Campers accounted for , transportation and recreation a rather flat or,depressed one-fourth of total spending,22 + Iuaddition theSOVAreport .economy" ° r;, percgptQfvlsiior:pfirtiesand38 showed ihaf campers accoanted These:tlnd ng ere based r pergentafVLCltordays. forone-fourthoftotalspeadmg:e ;:upon�moReelY`developedaSa M- but . but that 82 percent of the result of visitor information ��or relatives accounted expenditures by visitors were collected tlrom 7;000 surveys in for 12 percent'of total spending,:, frompeople staying in hotels, : . ..Jackson,Josephine,Curry and u 9 percent ofvisitorparties and . motels or related lodging Douglas counties: . facfltfies " ItwasconductedbyRebecca iZcentofvisitorpartydays. Dearly halfof the total Reid,an economist and ■:vaY visitors accounted for expendituresby visitors tothe researcher with the Southern 3peicentoftotalspendingand. region occurred in Jackson Oregon Regional Services 18 percent ofvlsitor parties. County($104 million),20 Institutg of Southern Oregon Nearly halfof total percent($44.8 million)in State°College. . - expenditures by.visitors Douglas County,18 percent($39 fThe report is the third in a occurred in Jackson County,20 minion)in Josephine County series ofresearoh reports on the percent in Douglas County,18 and 15 percent($33 million)in visitors to it a regionconducted'. percent in Josephine County Curry County: by$OSC and f inanced by and15'percentin Curry County. �6 The Next Generation of RV Owners 1 - Demograpbic study of consumer preferences can locate and identify changing trends in bow we live, work and play. Certainly it comes as no surprise that the U.S.population is aging, or that marriage is on the upswing and divorce rates are leveling off. It's also evident that we're moving farther from the central cities Four Age Groups Of Interest while we move closer to the water. Businesses must respond to these changing patterns When we speak of Baby Boomers we really only matching consider one aspect of their demographics,age. Currently, by g products and services that are in tandem there are four distinct age groups actively involved in with that change. Wbat follows is a brief look at several recreation vehicle ownership and we can break these age groups and their unique demograpbic proflles in an segments into neat ten year groups.Those now 55 or older effort to identify the effect this change will have on future have been called Depression Babies because they were offerings in the RV industry. bom during the Great Depression in the years between 1925-1935.The second age group has been called World War II babies,born between 1936-1945.The next two Everyone needs to know about tomorrow's customer. groups are baby boomers.The oldest we'll call Early Baby Who are they?Where are they and what are their product Boomers, bom 1946-1955,and finally Late Baby Boomers, preferences?It's really no different for the RV industry than bom 1956-1965. for anyone else.Answer those questions and you'll know Depression Babies - what to build and how to sell it. Well,for most products over the next twenty years we This first group grew up in the wake of the great depression,not just hearing the stories of economic woe can pretty much identify the customers;all we need now is but living them.They also saw the dawn of the age of the the what and where.Who are they?We're talking about automobile and carried a strong desire to see America that consumer cohort we call "Baby Boomers," that's who. firsthand,whether they could afford to or not.They are our The RV industry must look to the Baby Boomers, those first generation of RVers.In the early'70s they were in their born from 1946-1961 (currently 31-46 years old),to be our prime buying age for our products as their incomes in- next generation of consumers.At 80 million strong their creased and the child rearing expenses declined,creating influence will dominate RV ownership preferences over the greater disposable income per household. next 10 to 20 years. Their product preferences were spartan by today's If you think not,let's take a look at some of the data on standards,for Depression Babies are a frugal lot,happy with current owners. First,the average age of our current first the bare essentials for carefree RVmg.In the'70s,they most time buyer is 49,a little older for motor home owners and likely bought new product,for little else was available. younger for towable owners.Nearly all are married and 9 They most often paid cash,for credit was not appropriate out of 10 are homeowners.Their incomes are slightly above for purchasing discretionary products given their hard- the national average with higher ownership rates in the learned lessons of youth. Western and North Central regions of the country. Further, these consumers have lived at their present address for World War II Babies almost 13 years and have been with their current employer The next generation has brought slightly different values for nearly 12 years;indeed they represent a highly stable cross with them.Born during the Second World War,this cohort section of the population financially capable of purchasing. has seen much of America from the window of an airplane. �1 qb�p , l id qrJ'��� v L9 ja t � ;F1ome Owncrshi .... � t , �& X96 + p . ..... r a e ...i...;... ...... ...... ..r... .....e�e,si..-8896 Married Owners............................... 92%:• 92% ... 92%........................93% ...:..... 86% Average Age(Years):. 7 415 .45 3 NI ry t,, i;v4n{ tit i i 18 � � Consumer Age Gao froup.....' BOrn CurientPopulatlon:- :�. .. Current Age Ageat�2000 Depression Babies.............................1926-1935..........................21.3M..............................57-67 .............................65-75 World War 11 Babies .........................1936-1945..........................25.5M..............................47-57 .............................55-65 Early Baby Boomers..........................1946-1955..........................37.8M..............................37-47 . ...:......................45-55 late Baby Boomers ...........................1956-1965..........................44.3M..............................27-37 .............................35-45 ' S011M1Y:US.DtPiR111COl OI COIOOCRC(.dMtl BWGV More than 25 million strong,they grew up in house- excellent candidates for recreation vehicle ownership. holds where home ownership had reached 68%by the mid- While concern for the environment is a high priority of 60s and most of America lived outside metropolitan areas. this group they still demand the ability to enjoy it.They have World War 11 babies are today's prime RV buyers; they made personal fitness and outdoor recreation a part of their were likely most active in fast-time purchases during the lifestyle,and expect it more as a right than a privilege to be decade just past,although they did not necessarily purchase eamed.Their fitness craze can be described another way, new product.In the '90s they will be move-up buyers, they don't want to be considered getting older.Promotions trading their older rigs for newer,generally bigger units should stress the many active pursuits available to RVers and usually from the same vehicle category.Financially they will the sense of adventure that travel represents. earn slightly less than the average.U.S. household in salary but cam substantially more from investments, real estate fate Baby Boomers and self employment than other groups currently.They reflect a strong work ethic and their improved health will Following on the heels of the first wave of Boomers, stretch the traditional retirement age definition. the late Baby Boomers number more than 44 million, slightly more than their older counterparts.They now Generally, two-person households with child raising represent 23%of all U.S. households and while marriage largely behind them,this cohort is very flexible in vacation and child rearing have generally started later in life,here planning and seeks more socially interactive activities. While they will remain healthy longer than the generation too there appears a strong tie to family values. before them, they will seek pleasures of the outdoors with a For this group, family vacation travel often means long minimum of inconvenience. Hassle free RVing will be weekends or just a week at a time as opposed to the more sought by these experienced travel shoppers. traditional two-week excursion.Time and money are at work here.Like early baby boomers,two of three married Fatly Baby Boomers women in this group are active in the labor force.These This is the group most will watch and react to in the two-earner households are a decade away from their prime 1990s.Born after the second World War,their parents are eamumg years and raising families cuts deeply into available likely in the first group we described.Suburban living had vacation time and resources. now become the norm for Early Baby Boomers and their Their'mistrust•of the system makes these consumers formal education was punctuated by the questioning age of difficult to please;value oriented products are a must if they the'60s. are to be squeezed into the tight budgets of this cohort. Right now this group of nearly 37 million comprises They've grown up"credit friendly"but expect quality 15%of all households but holds nearly a quarter of all improvements to occur together with cost reductions. consumer debt,but that will change as home ownership While still a few years away,their prime RV buying improves their net worth.Currently aged 37-46, this group years are certainly ahead of them. Most won't reach the is entering its prime earning years.As-full nesters"they will average first time buyer age for another ten years,but they be most active in family vacation travel.There is a renewed must be watched and cultivated if we expect them as interest In family expressed by this group, but with a twist. customers in the future. It's these last two groups,the Early There is now a blend of the traditional family values with a and late Baby Boomers,that will shape the RV Industry's sharing of responsibilities. Fully two.out of three married product offerings over the next twenty years.Their infht- women from this cohort are employed outside the home. ence on manufacturers and service suppliers will be This compares to one in three of the first cohort and one of unprecedented if only by their numbers.Together,these two from the second,at this same age(35-45).Most will two groups represent more than 80 million Americans and have completed their child rearing duties including college nearly 45%of all U.S. households. and related expenses within the next decade so disposable income will show increased growth for this age group over Currently,RV ownership rates are highest among the 55+ the next ten years. age groups.As this next generation of consumers,these - Baby Boomers,approach that matured segment they will The increasing financial resources of the Early Baby demand the attention of our industry or be lost forever to the Boomers and their available time to travel will make[hem many travel and vacation alternatives available to them. ' RlNE! 19 REQUEST FOR AMENDMENTS AND ADDITIONS TO THE CITY OF ASHLAND'S MUNICIPAL CODE AN ORDINANCE OF THE CITY OF ASHLAND , OREGON, AMENDING THE MUN?CIPAL CODE AS FOLLOWS: 1 . AMENDING SECTION 13.40.020 BY ADDING: I . RECREATIONAL VEHICLE PARK SUBJECT TO SECTION 18.86 2 .. AMENDING SECTION 18.08 BY ADDING- -13 .08.625 RECREATIONAL VEHICLE PARK. ARE DESIGNATED SPACES WITHIN A PARCEL �OF LAND FOR THE PURPOSE OF PROVIDING ACCOMMODATIONS FOR RECREATIONAL VEHICLES FOR A FEE. 3. AMENDING CHAPTER 18 BY ADDING: 18.86 RECREATIONAL VEHICLE PARK. 18.86.10 PURPOSE. THE PURPOSE OF THIS CHAPTER IS TO ESTABLISH STANDARDS FOR THE LOCATION OF RECREATIONAL VEHICLE PARKS. 18.86.010. LOCATION REQUIREMENTS. NO RECREATIONAL VEHICLE PARK SHALL BE APPROVED UNLESS THE FOLLOWING LOCATIONAL CRITERIA HAVE BEEN MET: A. THE PROPERTY SHALL BE ADJACENT TO INTERSTATE HIGHWAY 5. B. THE RECREATIONAL VEHICLE PARK SHALL HAVE ACCESS FROM THE I-5 INTERCHANGE NOT MORE THAN 750 FEET FROM THE CENTER OF THE INTERCHANGE. C. THE NEAREST PROPERTY LINE OF THE PARK SHALL BE WITHIN 500 FEET OF THE PRIMARY ACCESS ROAD FROM THE FREEWAY . 18.86.020. IN ADDITION TO THE REQUIREMENTS OF THIS CHAPTER, ALL RECREATIONAL PARK DEVELOPMENTS SHALL CONFORM TO THE REGULATIONS OF OREGON STATE. i` '92-08-10 10:33 503 535 4108 I D. 104 VALLEY VIEW AVE. AREA CODE 503 - 535-1529 P.O. BOX 467 TALENT,OREGON 97540 August 10, 1992 City of Ashland 20 East Main Ashland, OR 91520 To the Planning Commission, After review of your PLANNING ACTIONifidno , tax lots 7031 900, and Irrigation District. 1000, we find that it will have a potential affect upon the Talent If the type of use of the property is being changed to a use other than agriculture, or the property is being developed for uses where the water rights can not be used beneficially (as the Oregon Water Resources Department would define beneficial use) then it is the Policy of the Board of Directors of the Talent Irrigation District, for the protection of the District, to require that the water right be bought out. As per ORS 545.611, the water rights must be bought out if the subdivision bas three or more tracts on each acre of land within the subdivision. We respectfully request that this application either be denied or approved with the stipulation that the water rights be bought out of Talent Irrigation District. Thank you for your time and consideration. Sincerely, Michelle Irwin Administrative Assistant K � x Q• � „ _ epee �� jI O Al Ac Tie ♦ \� O _ v Q 92-08-10 10:33 503 535 4108 P 002 Tam . Y D 104 VALLEY VIEW AVE. AREA CODE 503 - 535-1529 P-O. BOX 467 TALENT,OREGON 97540 August 10, 1992 City of Ashland 20 East Main Ashland, OR 97520 To the Planning Commission, After review of your PLANNING ACTION dWWOj tax lots 703, 900, and 1000, we find that it will have a potential affect upon the Talent Irrigation District. If the type of use of the property is being changed to a use other than agriculture, or the property is being developed for uses where the water rights can not be used beneficially (as the Oregon Water Resources Department would define beneficial use) then it is the policy of the Board of Directors of the Talent Irrigation District, for the protection of the District, to require that the water right be bought out. As per ORS 545.611, the water rights must be bought out if the subdivision has three or more tracts on each acre of land within the subdivision. We respectfully request that this application either be denied or approved with the stipulation that the water. rights be bought out of Talent Irrigation District. Thank you for your time and consideration. Sincerely, Michelle Irwin Administrative Assistant I i i ; N � N \ 1all NX i Z y Contents of Record for Ashland Planning Action 92-148 PLANNING ACTION 92-148 is a request for a modification of Policy X-3-h of the Comprehensive Plan (Transportation Element - Street Dedications and Design) to encourage interconnected street networks while not encouraging through traffic. APPLICANT. CITY OF ASHLAND i -- Planning Commission Meeting Minutes 12/8/92 . . . . . . . . . . . . . . . . . . . . . . 1 PIanning Department Staff Report . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . 3 - TroPf Ordl ajece kwj.4 je FA / /ty►P,r �/pt aF Sale 6 r ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES DECEMBER 8, 1992 CALL TO ORDER The meeting was called to order at 7:10 p.m. by Chairperson Barbara Jarvis. Other Commissioners present were: Armitage, Hibbert, Powell, Bingham, Thompson, and Medinger. Cloer and Carr arrived at 7:30. Staff present were McLaughlin, Molnar and Yates. PLANNING ACTION 92-148 MODIFICATION OF X-3-h OF COMPREHENSIVE PLAN (TRANSPORTATION ELEMENT - STREET DEDICATIONS AND DESIGN) TO ENCOURAGE INTERCONNECTED STREET NETWORKS WHILE NOT ENCOURAGING THROUGH TRAFFIC. APPLICANT: CITY OF ASHLAND STAFF REPORT McLaughlin requested one change in the proposed new wording. "...but�A automobile traffic shall be discouraged...", change to "... butte automobile. traffic shall be discouraged..." Medinger did not recall the discussion of disliking cul-de-sacs. This could be a mistake while infilling in small parcels. Bingham thought cul-de-sacs were a remnant of curvilinear planning. A good example of the problems with cul-de-sacs is the extension of Oak Knoll where the cul-de-sacs terminate 200 feet from each other. This wording is probably coming too late, but it is a step in the right direction. This will not ban cul-de-sacs, but Just discourage them. McLaughlin showed the aerial map of the large vacant area around Grizzly Meadows. Right now, there is no master plan showing street interconnections. He was able to convince Buck Munson to dead end a road.and that will later connect with Jaquelyn street. Hibbert agreed with Bingham and McLaughlin and believes this wording will accomplish through streets. Jarvis said the new wording is saying the same thing as the old wording, only-more clearly. A$hLve Pkmdng Cam nftsim Regww Meeting IWwbs December 8,1992 page 1 Medinger wondered in what situations cul-de-sacs would be acceptable in the future. Bingham said that Tri Star's application tonight--where a piece of land is landlocked. There cannot be rampant cul-de-sacs in Ashland. We need narrlow lanes on a grid. PUBLIC HEARING JOHN YEAMANS, 376 Crowson Road, noted that traffic has gone up considerably on Crowson since the newest development went in. He read from an article about small town development. COMMISSIONERS DISCUSSION AND MOTION Carr moved to approve the new language (with the word non-local) as it meets the need to correct mistakes, specifically, mistakes in the language. Hibbert seconded the motion and it carried unanimously. Aadana Planning Commission Regular Meeting Wuwtn December 8,1992 Page 2 a ASHLAND PLANNING DEPARTMENT STAFF REPORT December 8, 1992 PLANNING ACTION: 92-148 APPLICANT: City of Ashland REQUEST: Modification of Policy X-3-h of the Comprehensive Plan (Transportation Element - Street Dedications and Design) to encourage interconnected street networks while not encouraging through traffic. I. Relevant Facts 1) Background - History of Application: This action was initiated by resolution of the Planning Commission on November 10, 1992. 2) Detailed Description of the Site and Proposal: The current policy is as follows: "Through automobile traffic in residential neighborhoods shall be discouraged through street design." t While this is a noble and achievable goal, its wording has presented some difficulties in promoting several of the concepts encouraged by the Planning Commission. The Commission has encouraged the interconnection of streets in subdivision and commercial developments wherever possible, and has discouraged the use of cul-de-sacs unless absolutely necessary. The current policy would appear to encourage dead-end streets, since that would be the most effect means of discouraging through traffic. However, in encouraging and requiring interconnections, the Commission has found that through traffic is not necessarily encouraged, but a more efficient and convenient transportation system is developed. Most "through" traffic takes place on designated arterials, collectors and sub- collectors. These are indicated on the City's street dedication map and master plan, will continue to be followed. But in the development of individual subdivisions, further interconnections must be provided to ensure a "web" or "modified grid" street pattern evolves, which has been found to be the most efficient in providing intra- subdivision travel, as well providing alternatives for emergency services and inclement weather. Staff would recommend that the policy be modified to the following language: "Interconnections between residential neighborhoods shall be encouraged for automobile, pedestrian and bicycle traffic, but through ""'J'A"' -I automobile traffic shall be discouraged through street design,except for arterials, collectors, or sub-collectors. Cut- de-sac or dead-end street designs shall be discouraged whenever an interconnection alternative exists. Development of a modified-grid street pattern shall be encouraged for connecting new and existing neighborhoods during subdivisions, partitions, and through use of the Street Dedication Map." II. Project Impact Staff sees little impact from such a policy modification, other than to support the current Planning Commission and City Council concepts. Such design ideas have already been encouraged in developments and successfully implemented and supported by the Commission and Council. The Transportation Element of the Comprehensive Plan is scheduled for review and update in the coming year, at which time all goals and policies will be reviewed. However, it is our opinion that it is necessary to make this amendment I at this time to ensure support for the Commission's and Council's position on this issue. III. Procedural - Required Burden of Proof The criteria for a Type III amendment are as.follows: Type III amendments may be approved when one of the following conditions exist: a) A public need, supported by the Comprehensive Plan. b) The need to correct mistakes. PA92-148 Ashland Planning Department — Staff Report City of Ashland December 8, 1992 y Page 2 c) The need to adjust to new conditions. d) Where compelling circumstances relating to the general public welfare require such an action. It is our opinion that there is a compelling circumstance relating to the general public welfare requiring this change. Street design is an important component of our urban fabric, and the development of an interconnected modified-grid street pattern will result in a more efficient and convenient transportation system for the City. IV. Conclusions and Recommendations ` Staff recommends approval of the amendment as proposed. t PA92-148 Ashland Planning Department — Staff Report City of Ashland December 8, 1992 Page 3 S Background streets and new buildings and developments are laid out in a way which provides good Starting in May, 1993 cities and counties in routes for walking and cycling within Oregon's larger urban areas (i.e. of 25,000 neighborhoods. or more) must make sure that new development is pedestrian, bicycle and These changes will not dramatically change transit friendly. Generally, this means suburban development but-they can help laying out new development -- streets, make a big difference in the way people get buildings, walkways and bikeways-- to around for two reasons: provide short, direct routes for pedestrians First, relatively minor changes in the way and cyclists. we layout streets and orient buildings and Why do we need new rules? What's the developments to one another can make a big reason for them? difference in pedestrian, bicycle and transit use. These ordinances are intended to make our neighborhoods more livable by increasing Second, if safe, convenient routes are people's transportation options-- to make it provided people will walk,cycle and take safer and easier for people to make some transit more and drive less. In short,if we trips by walking,cycling or taking transit. build it, they will come. Consider these These changes are needed because most facts: Most trips are short trips-- less than existing zoning codes give little thought to two miles from the home. If a short direct how people get around except by car. The route is available we will walk or ride a bike result is predictable -- people drive for or ride the bus. If only a winding, indirect almost all trips. This has undesirable route is available we're more likely to drive. consequences as our cities get bigger. Walking for recreation is the most popular Traffic increases. More traffic means recreational activity in our country. 75% of increased congestion, noise and air us own a bicycle. The major reason people pollution. Livability of neighborhoods don't walk or ride a bike for these short trips declines. Demand for expensive road isn't.that they can't or don't want to but improvements increases. because there isn't a safe and easy way to get from one place to another. The proof: in Building neighborhoods which are safe for neighborhoods to Oregon that have good car travel alone also isolates the parts of our bike and pedestrian amenities, people walk population that can't or don't drive. more and drive less. Children and the elderly constitute over 20%of our population. This re port outlines a ordinance standards that cities and counties can use to meet the The idea behind these ordinances is to build requirements of the new rule. It is designed in opportunities for walking and cycling. to be applied in combination with existing i The ordinance does this by making sure local ordancethrough existing local ordinances 2- DRAFT December 11, 1992 / How to Use this Model Ordinance The Oregon Department of Transportation (ODOT) has developed and maintains a This ordinance is intended as a starting point "best management practices" handbook for local efforts to implement the which illustrates how various requirements Transportation Planning Rule. The in the Transportation Planning Rule can be recommendations in the ordinance should be carried out. ODOT also maintains an evaluated adapted and refined to fit local extensive literature collection of material circumstances. For convenience, this related to the rule. Fred Eberle is ODOT's ordinance has been outlined around the principal contact at 373-1541. Information requirements of the Transportation Planning is also available from ODOT's Regional Rule. While it can be used by itself, ideally Planning Representatives. the ordinance should be incorporated into relevant parts of existing local ordinances. Region Milwaukee R man 653-3259 Generally, to implement this ordinance local Tamara Clark 653-3224 planners and local governments will want to do three things: Region 2 Salem John DeTaz 378-2626 (1) Evaluate plan policies and other existing ordinance standards to make Region 3 Roseburg sure the plan provides an adequate Terry Cole 440-3399 basis for implementing these changes. Region 4 Bend (2) Involve citizen groups, other city or Mark DeVoney 388-6342 county departments, the development community and the general public in Region 5 La Grande developing an ordinance to implement John Preston 963-3177 these requirements and refining these recommended standards to fit your local conditions. A Note about References (3) Provide for legal review by your city or This recommended ordinance standards county legal counsel. have been compiled and adapted from a number of different sources-- mostly from For Further Information Oregon communities, some from other i states; some adopted and some only Additional information about the proposed. While most of the referenced Transportation Planning Rule and advice on standards are quoted accurately, some have developing ordinances to implement the rule been rewritten or summarized to fit the is available from several sources. format of this document and provide a measure of consistency throughout this This model ordinance is a project sponsored ordinance. by the Oregon Chapter of the American Planning Association. John Fregonese is I. APA's project leader. John can be reached at Metro at 221-1646. The Oregon Department of Land Conservation and Development has overall responsibility for the Transportation Planning Rule. Contact Bob Cortright for further information at 373-0084 I '- 7 -3- DRAFT December 11, 1992 TPR Model Ordinance Recommendations Safe and Convenient Bike and Pedestrian Access Rule Requirements: Facilities providing safe and convenient pedestrian and bicycle access shall be provided within and from new subdivisions, planned developments, shopping centers and industrial parks to nearby residential areas, transit stops, and neighborhood activity centers, such as schools,parks and shopping. This shall include: (A) Sidewalks along arterials.and collectors in urban areas; (B) Bikeways along arterials and major collectors; (C) Where appropriate, separate bike or pedestrian ways to minimize travel distances within and between the areas and developments listed above. "Safe, convenient and adequate"means bicycle and pedestrian routes facilities and improvements which: (A) are reasonably free from hazards particularly types or levels of automobile traffic which would interfere with of discourage pedestrian or cycle travel for short trips. (B) Provide a direct route of travel between destinations, such as between a transit stop and a store;and, (C) meet the travel needs of cyclists and pedestrians considering the destination and length of trip. (045(3)(6)) Road systems for new development which can be adequately served by transit, including provision of pedestrian access to existing and identified future transit routes. (045(4)(e)) J Affected Development Subdivisions, partitions, new streets, street plans, street vacations. Future Street Plan A future street proposal shall be filed in conjunction with an application for a subdivision or partitioning. The proposal shall show the pattern of existing and proposed future streets from the boundaries of the proposed land division and shall include other parcels within 200 feet surrounding t and adjacent to the proposed land division. At the applicant's request, the city shall prepare a future streets proposal. Development plans shall identify existing or proposed bus routes, pullouts,or other transit facilities, bicycle routes and pedestrian facilities on or within 100 feet of the site. (Portland) Connections All streets,alleys and pedestrian pathways shall connect to other streets within the development and to existing and planned streets outside the development. Streets shall terminate at other streets or at parks, schools or other public land within a neighborhood. Local roads shall align and connect with themselves across collectors and arterials. -4- DRAFT December 11, 1992 r - �. TPR Model Ordinance Recommendations Alternative All local and minor collector stub streets which abut a development site shall be extended within the site to provide through circulation when not precluded by environmental or topographic constraints, existing development patterns or strict adherence to other standards in this code. (Washington County) Connections to existing or planned streets and undeveloped properties 1. along the border of a parcel shall be provided at no greater than 400 foot intervals. Proposed streets or street extensions shall be located to provide direct access to existing or planned transit stops, and other neighborhood activity centers, such as schools, shopping areas and parks. Alternative Streets shall be designed to rrovide direct connections between transit routes or streets, commerci�: and residential areas, schools,parks and other public facilities. New local streets shall connect with existing local streets, collectors and arterials. (Adapted from Tri-Met TSD,A-36) Spacing The average perimeter of blocks formed by streets shall not exceed 1500 feet except where street location is restricted by natural topography, wetlands or other bodies of water. (TND) Street layout shall be generally rectilinear with "deformations" as may be physically proper to adapt to topography, natural conditions, or to afford vista terminations. (TND) Cul-de-Sacs Cul-de-sacs, dead end streets or alleys, and flag lots shall only be permitted when the following conditions are met: (a) One or more of following conditions prevent a required street connection: .excess slope (20% or more), presence of a wetland or other body of water which cannot be bridged or crossed; existing development on adjacent property prevents a street connection, presence of a freeway or railroad. (b) A street pattern which either meets standards for connection and spacing or requires less deviation from standards is not possible. (c) An accessway is provided consistent with the standards for Accessways. (d) Cul-de-sacs shall be as short as possible and shall not exceed 400 feet in length. Alternative Cul-de-sac streets shall be permitted only where there is no feasible connection with an adjacent street. If cul-de-sac streets represent more than 10 percent of the total lane miles in a development the subdivider shall be required to demonstrate that alternative internal circulation systems which would minimize use of cul-de-sacs are infeasible. (Tri- MetTSD,A-36) Exemptions A future street plan is not required for major or minor partitions of residentially zoned land which divides a property into parcels none of which may be redivided under existing minimum lot size standards. C/ -5- DRAFT December 11, 1992 TPR Model Ordinance Recommendations Standards for street connections do not apply to freeways and other highways with full access control. Where these street connection standards are inconsistent with an adopted street spacing standards for arterials a right turn in/right turn out only design including median control shall be approved. Where the compliance with the standards would result in unacceptable sight distances an accessway may be approved in place of a street connection. Internal Pedestrian Circulation Rule Requirements: Internal pedestrian circulation shall be provided in new office parks, and commercial developments through clustering of buildings, construction of pedestrian ways,skywalks, where appropriate, and similar techniques. (045(3)(d)) Affected Development New office parks and commercial developments. Recommended for institutional development and public buildings. Number A walkway shall be provided to each street abutting the property, not including limited access freeways. A walkway shall be provided for every 300 feet of street frontage or for every four bays of vehicle parking. A walkway shall also be provided to any bikeways or walkways along a frontage of the site which is not bordered by a street Connections Walkways shall connect building entrances to one another and from building entrances to public street entrances and existing or planned transit stops. t Onsite walkways shall connect with walkways, sidewalks, bikepaths, alleyways and other bicycle or pedestrian connections on adjacent properties used or planned for commercial, multifamily,institutional or park use. Walkways and driveways shall provide a direct connection to walkways and driveways on adjacent developments. Potential pedestrian connections between the proposed development and existing or future development on adjacent properties other than connections via the street system shall be identified. The development application shall designate these connection on the proposed site plan or findings shall be submitted demonstrating that the connection is infeasible. (Washington County) Alternatives Sidewalks and walkways must connect the pedestrian circulation system. to other areas of the site such as other buildings,parking lots, children's play areas, required outdoor areas,and any pedestrian amenities,such as plazas,resting areas and viewpoints. The pedestrian system must -6- DRAFT December 11, 1992 V City Attorney City of Ashland (503) 482-3211, Ext. 59 MEMORANDUM December 31, 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 four resolutions that address the proposals made by the Chamber of Commerce and the Park Commission at the council meeting on December 1, 1992. Four resolutions are enclosed in case the council decides to submit both measures to the voters. Bond counsel prepared the two resolutions authorizing a vote for bonds to fund open space. 1. If the council wishes to submit the Chamber of Commerce proposal without submitting the Park Commission proposal, adopt the resolution marked in the upper- right hand corner "G.O. BONDS ONLY." 2. If the council wishes to submit the Park Commission proposal without submitting the Chamber proposal, adopt the resolution marked in the upper right hand corner "F&B TAX ONLY." 3. If the council wishes to submit the Chamber proposal and the Park Commission proposal, adopt both: 3.1. The resolution marked in the upper right hand corner "F&B TAX WITH G.O. BONDS", and 3.2. The resolution marked in the upper right hand corner "G.O. BONDS WITH F&B TAX." (xord\ope =3.mem) RESOLUTION NO. [G.O. BONDS ONLY] A RESOLUTION OF THE CITY OF ASHLAND, OREGON, CALLING A SPECIAL ELECTION TO SUBMIT TO THE ELECTORS OF THE CITY THE QUESTION OF CONTRACTING A GENERAL OBLIGATION BONDED INDEBTEDNESS IN AN AMOUNT NOT TO EXCEED $2, 000,000. Recitals: A. The Council of the City of Ashland, Oregon, (the "City") has determined that there .is a need for the City to finance the acquisition .of land for open space park acquisition (the "Project") ; and B. The cost of the Project is estimated to be approximately $2, 000, 000, including the cost of issuance of bonds issued to finance the Project. NOW, THEREFORE, THE CITY OF ASHLAND RESOLVES AS FOLLOWS: _ 1. A special election is called for the purpose of submitting to the electors of the City the question of contracting a general obligation bonded indebtedness in an amount not to exceed $2,000,000 to (1) purchase land for the City's Open Space Park Program and (2) pay the cost of issuance of the bonds. The bonds shall mature over a period not to exceed 17 years. 2. The special election called by this resolution shall be held on the 23rd day of March, 1993. 3 . The City directs that there shall be delivered to the elections officer of Jackson County, Oregon, not later than the 61st day before the date of the election the attached Notice of Measure Election. 4. The County Clerk shall cause the Notice of Measure Election, sample ballot, polling places, and hours the polls are open to be posted and published in accordance with the laws of the State of Oregon. 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 , 1993 . Nan E. Franklin, City Recorder SIGNED and APPROVED this day of , 1993 . Catherine M. Golden, Mayor PAGE 1-RESOLUTION NOTICE OF MEASURE ELECTION CITY OF ASHLAND JACKSON COUNTY, OREGON Notice is given that on Tuesday, March 23, 1993, an election will be held in the City of Ashland, Jackson County, Oregon. " The election will be conducted by mail. The following shall be the ballot title for the measure submitted to the electors: CAPTION: General Obligation Bond Authorization for Open Space Park Acquisition. QUESTION: Shall the City issue general obligation bonds not to exceed $2,000, 000 to purchase land for its Open Space Park Program? If the bonds are approved, they will be payable from taxes on property or property ownership that are not subject to the limits of section llb, Article XI of the Oregon Constitution. EXPLANATION: Authorizes City to issue general obligation bonds not be exceed $2, 000,000. Bond proceeds will finance land acquisition for open space park program. Bonds will be payable from a $40.00 increase in the City's business license fee, system development charges for new development and taxes imposed on property or property ownership. Bonds will mature over a period not to exceed 17 years. Pursuant to section llb, Article XI, Oregon Constitution, and implementing legislation, the proposed tax measure if approved would not reduce property tax collections for other units of local government. PAGE 2-RESOLUTION (p:wmopmnooa.m,> RESOLUTION NO. [F&B TAX ONLY] 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 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 . 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 , 1993 . Nan E. Franklin, City Recorder SIGNED and APPROVED this day of , 1993. Catherine M. Golden, Mayor PAGE 1-RESOLUTION (p:mdun-rab.=3) EXHIBIT A NOTICE OF MEASURE ELECTION CITY OF ASHLAND JACKSON COUNTY, OREGON Notice is given that on Tuesday, March 23, 1993 , an election will be held in the City of Ashland, Jackson County, Oregon. The election will be conducted by mail. The following shall be the ballot title for the measure submitted to the electors: 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: Imposes tax on sales of food and beverages, excluding alcoholic beverages, in restaurants and hot prepared foods and salads from grocery stores. Exempts certain meals, including meals for hospital patients, some meals for students at school and senior citizen nutrition program meals. Tax is dedicated for acquisition of Open Space lands or easements and other purposes for Open Space Park Program. as determined by city council and park commission. Tax expires December 31, 2010. Allows restaurants to retain part of tax collected to apply to collection costs. Pursuant to section llb, Article XI, Oregon Constitution, and implementing legislation, the proposed tax measure if approved would not reduce property tax collections for other units of local government. PAGE 2-RESOLUTION (pwaux-mb.mi) NOTE: IF THIS RESOLUTION IS ADOPTEDp ATTACH ORDINANCE 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." PAGE 3—RESOLUTION (p:a.au=-rae.R3) RESOLUTION NO._jF&B TAX WITH G.O. BONDS] 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 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 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, the bond measure passes with fewer votes in favor than votes in favor of the foregoing ordinance. SECTION 3. The City directs that there shall be delivered to the elections officer of Jackson County, Oregon, not later than the 61st day before the date of the election the attached Notice of Measure Election. SECTION 4. The County Clerk shall cause the Notice of Measure Election, sample ballot, polling places, and hours the polls are open to be posted and published in accordance with the laws of the State of Oregon. 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 1993. Nan E. Franklin, City Recorder SIGNED and APPROVED this day of , 1993 . Catherine. M. Golden, Mayor PAGE 1-RESOLUTION :wntRden.ree (r ) NOTICE OF MEASURE ELECTION CITY OF ASHLAND JACKSON COUNTY, OREGON Notice is given that on Tuesday, March 23, 1993, an election will be held in the City of Ashland, Jackson County, Oregon. The election will be conducted by mail. The following shall be the ballot title for the measure submitted to the electors: 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: Imposes tax on sales of food and beverages, excluding alcoholic beverages, in restaurants and hot prepared foods and salads from grocery stores. Tax is dedicated for acquisition of Open Space lands or easements and other purposes for Open Space Park Program as determined by city council and park commission. Tax expires December 31, 2010. Tax effective only if bond measure for open space property, submitted at same election, fails, or if it passes, it passes with fewer votes than the votes for this tax. Pursuant to section iib, Article XI, Oregon Constitution, and implementing legislation, the proposed tax measure if approved would not reduce property tax collections for other units of local government. PAGE 2-RESOLUTION (p:ordv&xf&b.mi) NOTE: IF THIS RESOLUTION IS ADOPTED, ATTACH ORDINANCE 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." PAGE 3-RESOLUTION (p:ordwud&b.m4) RESOLUTION NO. [G.0.BONDS Wr H F&B TAV A RESOLUTION OF THE CITY OF ASHLAND, OREGON, CALLING A SPECIAL ELECTION TO SUBMIT TO THE ELECTORS OF THE CITY THE QUESTION OF CONTRACTING A GENERAL OBLIGATION BONDED INDEBTEDNESS IN AN AMOUNT NOT TO EXCEED $2,000,000. Recitals: A. The Council of the City of Ashland, Oregon (the "City") has determined that there is a need for the city to finance the acquisition of land for open space park acquisition (the "Project") ; and B. The cost, of the Project is estimated to be approximately $2 , 000, 000, including the cost of issuance of bonds issued to finance the Project. NOW, THEREFORE, THE CITY OF ASHLAND RESOLVES AS FOLLOWS: 1. A special election is called for the purpose of submitting to the electors of the City the question of contracting a general obligation bonded indebtedness in an amount not to exceed $2, 000, 000 to (1) purchase land for the City's Open Space Park Program and (2) pay the cost of issuance of the bonds. The bonds will be payable from a $40.00 increase in the City's business license fee, system development charges for new development and taxes imposed on property or property ownership. The bonds shall mature over a period not to exceed 17 years. If approved, this measure will be effective only if the food and beverage tax measure fails or if this measure receives more votes. 2. The special election called by this resolution shall be held on the 23rd day of March, 1993 . 3 . The City directs that there shall be delivered to the elections officer of Jackson County, Oregon, not later than the 61st day before the date of the election the attached Notice of Measure Election. 4 . The County Clerk shall cause the Notice of Measure Election, sample ballot, polling places, and hours the polls are open to be posted and published in accordance with the laws of the State of Oregon. The foregoing resolution was READ and DULY ADOPTED at a regular meeting of the City Council .of the City of Ashland on January 5, 1993. Nan E. Franklin, City Recorder SIGNED and APPROVED this day of 1993 . Catherine M. Golden, Mayor PAGE 1-RESOLUTION (p:mmwwbond.mz NOTICE OF MEASURE ELECTION CITY OF ASHLAND JACKSON COUNTY, OREGON Notice is given that on Tuesday, March 23, 1993 , an election will be held in the City of Ashland, Jackson County, Oregon. ' The election will be conducted by mail. The following shall be the ballot title for the measure submitted to the electors: CAPTION: General Obligation Bond Authorization for Open Space Park Acquisition. QUESTION: Shall the City issue general obligation bonds not to exceed $2, 000, 000 to purchase land for its Open Space Park Program? If the bonds are approved, they will be payable from taxes on property or property ownership that are not subject to the limits of section lib, . Article XI of the Oregon Constitution. EXPLANATION: Authorizes City to issue general obligation bonds not be exceed $2, 000, 000. Bond proceeds will finance land acquisition for open space park program. Bonds will be payable from a $40.00 increase in the City's business .license fee, system development charges for new development and taxes imposed on property or property ownership. Bonds will mature over a period not to exceed 17 years. If approved, this measure will be effective only if the food and beverage tax measure fails .or if this measure receives more votes. Pursuant to section llb, Article XI, Oregon Constitution, and implementing legislation, the proposed tax measure if approved would not reduce property tax collections for other units of local government. PAGE 2-RESOLUTION (p:oraopmbood.m2) BEFORE THE ASHLAND CITY COUNCIL December 15, 1992 IN THE MATTER OF PLANNING ACTION #92-104, REQUEST FOR AN) 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. I 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. 5) The City Council, following proper public notice, held a Public Hearing on December 15, 1992, at which time 'testimony was received and exhibits were presented. The City Council approved the application as presented. Now, therefore, The Ashland City Council finds, concludes and recommends as follows: SECTION 1. EXHIBITS For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony will be used. Staff Exhibits lettered with an "S" Proponent's Exhibits, lettered with .a "P" Opponent's Exhibits, lettered with an "O" Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M"- 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 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 City Council 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 Council emphasizes that this deletion involves only a short segment of the future Forest Street which passes through the center of tax lot 2000, . approximately 325 feet south of Ashland Street. 2 .4 The City Council finds that the notice mailed and published regarding this action limited the review to only the modification of the short section of Forest Street, and did not allow for the consideration of other future street dedication options. Therefore, the Council limits any decision only to that portion of the street dedication indicated on the mailed notice map. 2 . 4 The City Council 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 Council finds 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 Ashland City Council 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, the Ashland City .Council approves Planning Action 92-104 with the amendment as indicated on the attached exhibits, deleting the connection of Forest street to lower Weller Lane. Catherine Golden, Mayor Date Nan Franklin, City Recorder Date ORDINANCE NO. AN ORDINANCE AMENDING THE STREET DEDICATION MAP OF THE ASHLAND COMPREHENSIVE PLAN, MODIFYING THE EXISTING DEDICATION BETWEEN MORTON STREET AND WELLER LANE ON FOREST STREET. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The portion of the Street Dedication Map of the Ashland Comprehensive Plan between Morton Street and Weller Lane, as currently indicated in Exhibit "A", is modified and adopted as indicated in Exhibit "B". The foregoing ordinance was first read on the day of 1993 and duly PASSED and ADOPTED this day of 11993. Nan E. Franklin City Recorder SIGNED and APPROVED this _ day of 1993. Catherine M. Golden Mayor Approved as to form: Paul Nolte City Attorney 1 EX MIT "A" zla� 2406 2K5 2000 1900 1800 1 ''' �.• mo - 2102' Q 2110 . .... yarn. .. J--'. ZOD. 2111 - " " w Go ky BtX ., . ..�., W Ism zloa " .. Too N lna0 1 + 14 2112 2104 2105 ummil FOREST.: Z � 3 . 2700 _ ii � �• 2107 2106 2114' z 2M 2115 of" 2. - . 1 IL CSfa: Ir PwOPac 2202. 2203. _ ' LLI MW - 2116. ''. . •n fOsa j ROOI .xDca... w 2b. 2116 ^..3416 OPEN*FWX 8LK1 TWt A 2126 `•. C; ' . 2207 :a .2119 • a.. • a 221 2125 ..:� . z� t�<` 1 EXBE[BIT "B" "N O -----,-Nb*vrc c c ' •••"�' •: r'(000 1900 /800 i/�.!' 7r• de• 2101 4 •., 21Qd � 2CN 1700 1970 :. . f ` 2m , W BIX2 -/ � 2103 ` 'Loo N 130 2104_ ! •,4112 1 . FOREST" .. Z . ' 1 2143 _ 2= is rF 2007 2115 a 2100 caou 2202 ,s. •703 w _. Z � W. r t Y . STRmr 2118" m?pC� i1' 1e�5 . 22F 034AC 2119 - •vim. _ 27 ` varA .21 L- 1.. 9 S"7MO 02.4c ' t - 7rfl1 gTYE �.< •�- C"_i 2207 ..iF W 6UC1 b 7RaC7 a 2126p. 2z . ..ti! 2119 r^ •: tirr Stc' i 2425 2M t 9 n :�� - F Department of Energy Bonneville Power Administration Eugene District Office 211 East Seventh Avenue Eugene,OR 9 7401-272 2 December 24, 1992 In reply refer to: LG Brian L. Aimquist City Manager City of Ashland 20 East Main Ashland, OR 97520 Dear Brian: As you know, Bonneville has reopened the environmental process for the selection of a substation site for the City of Ashland. We would appreciate' the opportunity to brief the Mayor and the City Council and answer any questions they might have. We would be glad to come to the next Council meeting or meet at any other time that is convenient for the City. If such a meeting was open to the public they might also hear what the process entails and that Bonneville will consider all recommendations within the area circled on the map that was sent to all known interested parties. We appreciate the opportunity to work with the City on this substation project and look forward to seeing you soon. r Sincerely, BOB LAFFEL Department of Energy Bonneville Power Administration P.O. Box 3621 Portland, Oregon 9720 8-3621 Mredy nhr m: ALP To' Persons Interested in the Proposed Ashland Area Support Substation Project Bonneville Power Administration (BPA) announced today it is re-opening its environmental process on a proposed substation for the city of Ashland. This Action is part of BPA's continued commitment to work with the Ashland community. A supplement to the Environmental Assessment (EA) will give BPA an opportunity to look at additional alternative sites for the substation and hear what the public thinks about all the alternatives. The additional process will delay construction of the substation by several months: The attached news release explains our reasons for re-opening the process. The news release also explains that we are requesting information about any additional sites that should be considered in the environmental assessment. The attached map highlights the general area where the substation should be located for the best electrical performance. Please let us know if you are aware of a site that we should consider or if you have any questions about the project. You can reach us using the phone numbers or address listed at the end of the news release. If you have questions or concerns, please call me at. (503) 465-6952. Sincerely, Robert N. Laffel Eugene District Manager Attachments: News Release Map Administration Bonneville Power '. Lower Columbia Area FOR IMMEDIATE RELEASE: December 21, 1992 PORTLAND,Ore. —The Bonneville Power Administration announced today it is + re-opening its environmental process on a proposed substation for the city of Ashland. This action is part,of BPA's continued commitment to work with the Ashland community. A supplement to the Environmental Assessment (EA) will give BPA an opportunity to look at additional alternative sites for the substation and hear what the public thinks about all the alternatives. The additional process will delay construction of the substation by several months. According to Bob Laffel, BPA's Eugene District Manager, although BPA has already fully complied with all legal requirements for site selection, several other new sites have been suggested since BPA's existing EA was released . BPA's willingness to examine these and any other new sites is based on the agency's continued commitment to work with the community to the fidlest extent. Laffel also noted that building the station has always been a response to Ashland community needs. Persons wishing to recommend an additional possible location for the substation should refer to the attached map and send recommendations to BPA before January 29, 1993; in order to prepare the supplement as soon as possible, we cannot accept recommendations after January 29, 1993. The new substation will strengthen Ashland's overburdened electrical power system. It will help protect the city against outages such as the one that occurred in the winter of 1990-91, leaving about half of Ashland without power for 14 hours. The National Environmental Policy Act requires an Environmental Assessment before a new substation can be built. BPA has prepared such an assessment on several sites following a public process which began in 1990. The decision to re- open-the process and evaluate newly submitted alternative sites does not rule out siting the substation on any one.of the original sites identified in the existing EA. BPA will consider additional sites within the area that best serves the need of the community. 91 -more- . 1500 Plaza Building, 1500 N.E.Irving Street • Suite 250 • Portland,Oregon 97232 Phone(503)230-4558 SPA 1200.11 nave -2- The process will take several months. Until the new.substation is built, the city is relying on a temporary transformer installation at Oak Knoll Substation and a mobile transformer on loan from another part of the BPA•system as a back-up during the winter. The temporary system can meet demands for electricity only on ' a short-term basis, according to Laffel. Recommendations for a substation site, comments, or questions should be mailed to Bonneville Power Administration, Public Involvement Office, P.O. Box, 12999, Portland, OR 97212, or call Bob Laffel at the Eugene District Office,503- 465-6952. People can also call the Public Involvement Office toll free at 1-800-622- 4519. We will be providing more information on the process to interested parties and property owners over the next few weeks. i City .�� Tap Point Cd Limits �\`,_ � YP 1460 s+ NEVADA \ _= NEVADA am General location of o . existing PP&L line ` • ./ f LOS RARCMTOS LA N A�v � I fYr AVE I \\ _ I M> AVE ` I New 115-kV line overbuilding CC existing distribution lines r a �. j (Pacific Power & Light) ' °R 5T Hersey I POTENTIAL BPA SUBSTATION _SITES AS IDENTIFIED IN THE EXISTING E.A. • on I � BJIE M�RON a a I d 18 D424 -j 2 EUREKA E .w�Aw • r " b No 5 , f p N Y Best area for location of. '—`` 5T a new substation to maximize (_ � I. the reliability benefits and �i F— ST SW woo I J minimize distribution system a aftda r I ] construction. L o ] Y �• .C.00a 0 600 1600 Potential BPA Substation Sites Feet - 4 e_�, 4'1;•0 _ A Eiii V 4 Qn Aum e December 10, 1992 December* 30, 1992 Brian Almquist, City Administrator . r Steven Hall, Public Works Director rum. ,sewer Service Outside Urban Growth. Boundary �1I�IjPtI: 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 cited 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. Sewer Service Outside Urban Growth Boundary December 31, 1992 page 2 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 are 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? O T DRMAT t) ..,B EM 'N T Tim {�rd�4F�<����ttfl���..a r'#: '�iM. ixt 3."4y� G-}r�tlY a`rtCt tivF CMHFUYi.�Yit C `�9 �1BG118&lflriBr ..�he �ai� �*��a�,a�ci�t��sna�.�a;nf�tx.taat�a��gs:s�arP'v.�de�� : �,.,r_ �iYny ,servic�e�;prca�r�.cC#d Ecrutsic�eF the3s�n g"' c�t�th�batsn s ary restriction gbh attaaixetl ta, the pbaprty that there,#cul ate a Zi�kYx x d s any€ part t rent t � sr.111. yrppyay��zldityyz��ona/Ty b�y�3dxx� s, no ylyaµzjtd weep ja�cYyty� na { ayio�w�sdy#� nrw , break�ast},.A e3k;�' �urr�nt flse��k�re�ui�pe�°�anyy��uY�c�a°n � �xth�hg�.�t3yE�3��feet��,�� ":%i:!^Z:, ...;. s�.:r�o<x:z.; :ns:...: :'::yr:�::;';..^-..,.^•,emz?"cm,;xso�.+..�at.:.�. •yK:�,;,,.:.,<»°.q,.�.rx., ., �andard��fcirw��s te�'s�ag.iesys��m��ana£L ha���h�gua3i����� Sewer Service Outside Urban Growth Boundary December 31, 1992 page 3 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: 1. 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. 2. Should the rate structure reflect any-extraordinary maintenance costs or future bond issues that may be on tax rate rather than sewer rate? 3 . 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) 4 . Should higher SDC's be charged for those allowed to connect that are outside of the UGB? . 5. 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 . 1-am-met sure e€ the-histerybehind this-date,—but z might-be-better to ehange it to 1115 years prier .:'� , w ax; ��aau'�.,,;x,. 0�,a::eaa�;. ru;ma<x MR.>s:,�axa;axxa�..ea:�:a�:�4:uxaaa�w.a,.o-:�s...sxxu: Sewer Service Outside Urban Growth Boundary December 31, 1992 page 4 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. SMH:=%MUBOSw.� encl: AMC 14. 08.030 Public Utilities Chapter 14 . 02 14. 08 .030 Connection - Outside City. 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: A. That the applicant for service pay the connection fee as set forth in Section 14.08. 025 hereof, plus the systems development annexation charge set forth in Section 4. 16. 010. The latter 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 S1, S2, 1981; Ord. 2263 S3, 1983; Ord. 2316 S3, 1984; Ord. 2322 S1, 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. Title 14 Page 5 . Public Utilities Chapter 14.02 F. That the owner agrees to pay the Wastewater Treatment 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 6 Amara dum '•.GREG0�.•' December 3, 1992 �Cl II. Brian Almquist, Cay Administrator (-29 T: Steven Hall, Public Works Director '�$-Uhjert: 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 2:10 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 (DEO, 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. SM .\PwtiwDCOVVW� end: Resolution 92-21 TRADCO Draft Strategy CITY OF ASHLAND DEPARTMENT OF PUBLIC WORKS CONSTRUCTED WETLANDS ""XMW SCHEDULE 12/29/92 EVENT TIME DUE DATE REQUIRED Final Facility Plan due to DEG 07/01/93 Brown & Caldwell prepare final facility plan 2 weeks 06/18/93 City Council select preferred option for facility plan 06/01/93 Brown & Caldwell prepare facility plan changes required to 3 weeks 05/11/93 meet discharge standards to constructed wetlands City Council accept constructed wetlands facility plan 05/04/93 addendum Consultant prepare constructed wetlands.facility plan 15.5 weeks 04/30/93 addendum Negotiate contract with preferred consultant for constructed 10 days 01/14/93 wetlands facilities plan addendum City Council accept recommendation from Constructed 01/04/93 Wetlands Selection Committee and authorize city administrator to negotiate and sign a contract with preferred consultant for constructed wetlands facilities plan addendum Constructed Wetlands Selection Committee Interview top two 01/04/94 ' consultants and prepare recommendation to City Council Second Constructed Wetlands Selection Committee meeting 12/28/92 First Constructed Wetlands Selection Committee meeting 12/21/92 Mayor appointed Constructed Wetlands Selection Committee 12/15/92 Proposals from Consultants cutoff date 1 month 12/11/92 Request for proposals completed/advertized 11/09/92 Council directed staff to prepare request for proposals for 11/03/92 selection of consultant for constructed wetlands addendum to the facilities plan '•.OREGO�•.0 December 31, 1992 �llII. Brian Almquist, City Administrator ram: Steven Hall, Public Works Director 1I�;PLi. Time Schedule-Constructed Wetlands JJJ ACTION REQUESTED Does the Council wish to have special meetings for the constructed wetlands and facility plan presentations? BACKGROUND See attached schedule. Based on regular council meetings and the time requirements for each portion of the work to complete the facility plan, there is no room to even breathe! The schedule does not allow any flexibility in what is needed to be accomplished by the July 1, 1993 facility plan due date set ,by DEQ. Because of the public interest in this project, the Council may wish to set special meetings for the constructed wetlands proposal and the final facilities plan. COMMITTEE RECOMMENDATION The Constructed Wetlands Selection Committee has scheduled interviews with the top two firms for Monday. They will be presenting a recommendation to you at the January 5, 1993 City Council meeting. SMH;m VACWSCr=.— cc: Constructed Wetlands Selection Committee Dennis Barnts, Water Quality Superintendent Jim Olson, Assistant City Engineer Pam Barlow, Administrative Assistant encl: Schedule December 31, 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 - December 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. Met with Bob Broeder, owner of Knight's Inn motel and his attorney, to discuss annexation after it was found that a portion of the motel is outside the city limits. 2 . Met on several occasions with Finance Director and P.W. Director to. discuss ways to mitigate proposed increases in water and sewer rates. 3 . Attended quarterly board meeting of NWPPA in Portland. 4 . Attended two meetings of the Budget Committee to review departmental reports and policy alternatives. 5. Met with City Attorney, Public Works Director, and architect representing new owner of Sentry market on Oak Street to outline procedures for a proposed LID for sidewalks, pedestrian amenities, decorative street lights, and undergrounding of utilities. They will present a written request to the Council in January. 6. Attended meeting of Rogue Valley Community Development Corporation with acting Planning Director Mac Laughlin to discuss grant opportunities for affordable housing project near Mill Pond Subdivision. 7. Met with Bob Skinner, FBO lease applicant, to renegotiate contract in order to provide sufficient revenue to place Airport Fund on a break even basis. 8. Met with Allan Sandler, chair of Cable Access and Hap Freund regarding Access budget for 1993 . Also contacted Glenn Rierson of TCI regarding proposed PEG access fee and modification of franchise. 9. Attended meeting with representatives of Samis Group to discuss the disposition of a long-standing Workers Compensation claim. 10. Attended Audit Committee meeting. 11. Met with Asst.Provost Mc Farland and Tim Shove of SOSC to discuss proposed budget for Cable Access. ' 12 . Attended annual meeting of Public Power Council in Portland. 13 . Met with representatives of Blue T Golf and walked Billings Ranch with Parks Director Mickelson to review potential for golf course. 14 . Met with Michael Donovan and Ken Mickelson to discuss possible compromise between two plans being considered by the Council . 15. Met with a representative of Robert Trent Jones II, a golf course architect interested in bidding on proposed Billings Ranch golf course. 16. Met with Glenn Rierson of TCI and Pete Belecastro to negotiate franchise amendment to incorporate PEG access fee. 17. Met with Mr. & Mrs Hopkins, owners of property across the railroad from the City Yard, to discuss possible purchase of their property in the event BPA moves substation to city property. 18 . Attended annual awards breakfast of Water Department employees. 19 . Met with our insurance attorney Jim Martin regarding status of lawsuit by Thormahlens. STATUS OF VARIOUS CITY PROJECTS: 1. Electric Substation. BPA has reopened the NEPA process to evaluate alternative sites. The Neighborhood group has endorsed the City Yard site, which BPA is considering. The lawsuit filed by Dan Harris has been suspended pending consideration of the alternatives. I have also met with the Hopkins on, acquiring their property to replace the lost storage space. BPA will provide a temporary transformer to meet this. Winter's load. 2 . Downtown Proiect. Completed, except for remaining island for Holiday tree in front of City Hall. Bids have been received, the work will begin in 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 near completion. Bid opening is scheduled for February 17. 4 . Open Space Program. Council will consider which of two proposals to place on March 23 ballot at its January 5 meeting. 5. Digester Roof. Construction is underway and is scheduled to be completed by mid-January. 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. Four proposals for the study were received and are being evaluated• by a selection committee. A recommendation should be presented to the Council on January 19. 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. Almquis City Administra r BA:ba City Attorney City of Ashland (503) 482-3211, Ext. 59 MEMORANDUM December 22, 1992 TO: Mayor and City Council FROM:''F'aul Nolte SUBJECT: Revised assessment ordinance Attached is a revised assessment ordinance for local improvement districts. The ordinance has been revised to meet the requirements of ballot measure 5 and to remove internal inconsistencies. Jim Shannon, the city's bond counsel, made the revisions necessary to meet ballot measure 5. As a practical matter, there is little difference in the process to be used in this proposed ordinance compared to the existing ordinance. The proposed ordinance more closely tracks the existing process than does the existing ordinance. A brief summary of some of the revisions: 1. A local improvement district may be initiated by petition of one-third of the owners to be benefitted rather than the 50% contained in the existing ordinance. The charter requires a two-thirds remonstrance to delay a project, thus the one-third requirement to initiate a project. §13.20.020.8. The revised ordinance still allows the council to initiate a project on Its own initiative. §13.20.020.A. 2. The notice to be sent to benefitted property owners is now required to contain a statement "that failure to object to the creation of the district is considered as a favorable response to its creation." §13.20.040.C.1.e. 3. The ordinance deletes in its entirety the separate code chapter for sidewalk local improvement districts. Sidewalks are treated the same as any other project under the revised ordinance. have a fully annotated ordinance showing all of the differences between the existing and revised ordinances. It is 30 pages long and is available upon request. ORDINANCE NO. AN ORDINANCE COMPLETELY REVISING THE LOCAL IMPROVEMENT AND SPECIAL ASSESSMENT CHAPTER AND DELETING THE SIDEWALK ASSESSMENTS CHAPTER OF THE ASHLAND MUNICIPAL CODE THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 13 . 20 is amended in its entirety to read as follows: CHAPTER 13 .20 LOCAL IMPROVEMENTS AND SPECIAL ASSESSMENTS Sections: 13.20. 010 Definitions. 13.20. 020 Initiation of Local Improvements. 13. 20. 030 Content of Improvement Resolution. 13.20. 040 Notice of Hearing Regarding Improvement. 13 . 20. 050 Hearing on Improvement Resolution. 13. 20. 060 Method of Assessment. G 13. 20. 070 Notice of Assessment. 13. 20. 080 Address To Which Notices Should Be Sent. 13.20. 090 Deficit Assessments or Refunds. 13.20. 100 Rebates and Credits. 13.20.110 Description of Real Property; Effect of Error In Name of Owner 13 .20.120 Lien -Records and Foreclosure Proceedings. 13 .20. 130 Errors in Assessment Calculations. 13.20. 140 Installment Payments of Assessments. 13.20. 150 Abandonment of Proceedings. . 13 .20. 160 Manner of Doing Work. ' 13.20. 170 Curative Provisions. 13.20. 180 Construction of Improvement: Bids. 13.20. 190 Reassessments. 13.20.200 Apportionment of Liens Upon Partition. 13. 20.210 Remedies. 13 .20.220 Severability. 13.20.010 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. "Improvement resolution" means that resolution adopted by the council declaring its intention to make a local improvement. B. "Local Improvement" has the meaning given under ORS 223 . 001. PAGE 1-ASSESSMENT ORDINANCE (p:odwu .o4 C. "Local Improvement District". means the property that is to be assessed for all or any portion of the cost of a local improvement and the property on which the local improvement is located. D. "Lot" means a lot, block or parcel of land. E. "Owner" means the owner of the title to real property or the contract purchaser of real property of record as shown on the last available complete assessment role in the office of the County Assessor. 13.20.020 Initiation of Local Improvements. Whenever the council in its discretion deems it necessary to make any local improvement to be paid for in whole or in part by special assessment, the council may declare its intention to make the local improvement by adopting an improvement resolution. The proposed local improvement may be initiated by either of the following methods: A. By the council, at its own initiative; or B. By written petition requesting the local improvement signed by more than one-third of the owners of property that would benefit specially from the local improvement; or C. By written petition requesting the local improvement signed by owners of property which will be assessed for more than 50 percent of the proposed assessment. 13.20. 030 _Content of Improvement Resolution. A. Mandatory Provisions. The improvement resolution shall contain the following: 1. A description of the improvement; 2. A description or map of the boundaries of the local improvement district to be assessed; 3. A declaration of the council's intention to undertake the improvement; 4. Provision for a date, time and place for a hearing regarding the improvement; and 5. A direction that notice be given of the improvement and of the public hearing. B. Optional Provisions. The improvement resolution may include the following: 1. If the city engineer has provided an estimate of the cost of the improvement, the amount of that estimate and a proposed allocation of the cost of the improvement among the owners of the property to be specially benefitted; 2. A determination whether the property benefitted shall bear all or any portion of the cost of the local improvement, based upon the estimated cost; PAGE 2-ASSESSMENT ORDINANCE 1p:oN aeu,..o� I 3 . Alternative proposals relating to the local improvement, but only if each alternative contains all of the information required to be contained in the resolution if that alternative proposal were the only proposal put forward; and 4 . Any other information that the council deems relevant to the improvement. 13.20.040 Notice of Hearing Regarding Improvement Resolution. A. Notice. Notice of the hearing regarding the improvement resolution shall be given at least .ten days prior to the scheduled date of the hearing. B. Method of Delivering Notice. Notice shall be made by publication in a newspaper of general circulation within the city and by mailing copies of the notice by first class mail to the owners of lots affected by the improvement. . C. Content of Notice. 1. The notice shall contain: a. A general description of the proposed improvement; b. A description or map of the local improvement district to be created; c. A description of the property to be specifically benefitted by the improvement; and d. The date, time and place of the hearing when the council will hear and consider objections or responses to the improvement. e. A statement that failure to object to the creation of the district is considered as a favorable response to its creation. 2 . The notice may contain: a. If an estimated assessment has been made, the amount of the estimated assessment proposed on each particular property.. The amount of the proposed assessment shall not be generally distributed, but shall be contained only in notices delivered by mail or by personal delivery to the owner of the lot to be assessed. b. Any other information the council may direct to be included. D. Effect of Failure of Notice. Any mistake, error, omission or failure with respect to the mailing of any notice shall not be jurisdictional or invalidate the improvement proceedings. 13.20.050 Hearing on Improvement Resolution. A. Testimony Considered. At the hearing regarding the improvement resolution, the council shall hear and consider testimony, both oral and written, on the improvement. PAGE 3-ASSESSMENT ORDINANCE (p:wfte .ard) B. Approval in Discretion of Council. The council may implement the improvement resolution and undertake completion of the improvement only if, in its sole discretion, the improvement is in the best interest of the city. The council's discretion shall not be limited by the fact that a majority of the benefitted property owners have requested or indicated their support for the improvement. C. Effect of Remonstrance. If at the hearing, the owners of two-thirds of the property to be specially assessed for the improvement, or the owners of property which will be assessed for two-thirds or more of the proposed assessment, deliver to the council a remonstrance to the improvement, then action on the improvement shall be suspended for a period of six -months. Action on sidewalks or on improvements unanimously declared by the council to be needed at once because of an emergency shall not be subject to suspension by a remonstrance of the owners of the property to be specially assessed. D. Modifications. At the hearing, the council may direct any modification of the improvement that it deems appropriate. If the council modifies the scope of the improvement such that the local improvement district would be enlarged, or, if estimated assessments have been made by the time of the hearing, the assessment is likely to be increased upon one or more lots, then a new improvement resolution shall be adopted by the council, and new notices mailed to the owners of affected properties within the local improvement district. No new publication regarding the amended improvement need be made. E. Creation of Local Improvement District. If the improvement is approved by the council, the council shall by resolution create the local improvement district to be served by the improvement. F. Determination of Allocation. If, prior to the hearing, the estimated cost of the improvement is ascertained on the basis of the contract award or the departmental cost of the city or other governmental unit making the improvement, the council shall determine whether the property benefitted shall bear all or a portion of the cost. The council shall then direct the city recorder to prepare the estimated assessment to the respective lots within the local improvement district and file it in the lien records of the city. The council shall then hear any objections that have been filed with the recorder concerning the amount of the assessments, and may adopt, correct, modify or revise the estimated assessments. 13.20.060 Method of Assessment. A. Procedure for Assessment. When the estimated cost of an authorized local improvement has been ascertained on the basis of the award of a contract or the departmental cost of the city or other governmental agency to undertake the improvement, the city recorder, or such other person as the council may direct, shall prepare the proposed assessments to the respective lots within the local improvement district, shall file them in the office of the city recorder, and shall submit the proposed assessments to the council. The submission may be in the form of a proposed resolution. PAGE 4-ASSESSMENT ORDINANCE B. Determination of Assessment. The council shall determine the amount of the estimated assessment to be charged against each lot within the local improvement district according to the special and peculiar benefits accruing to the lot from the improvement, and shall spread the estimated assessments accordingly. If the estimated cost, as ascertained under the preceding paragraph, is more than ten percent above any' estimated assessment contained in the notice described in section 13 . 20. 020, the council may vote to discontinue the project or to find other sources of funds so that the actual assessment does not exceed the estimated assessment by more than ten percent. In determining and spreading the assessment, the council may use any just and reasonable method consistent with the..benefits derived by the various affected lots. C. Adoption of Proposed Assessment. Upon receiving the proposed assessment, the council shall, after making any modifications, adopt a resolution directing that notice of the proposed assessments be mailed or personally delivered to the owners of the lots to be assessed. The notice shall contain the following information: 1. The name of the owner, a description of the property to be assessed, and the amount to be assessed against the property. 2 . A date and time by which written objections to the proposed assessment, stating specifically the grounds for objection, must be received, and the date, place and time of a hearing at which the council will consider any objections. 3. A statement that the assessment will be levied by the council after the hearing, will be charged against the property, and will be immediately payable in full or in installments (if applicable) following the levy. C. Supplementary Notice. Supplementary notice of the proposed assessment and of the hearing scheduled to consider the proposed assessment in form and content to be determined by the city recorder may also be published or posted by the city recorder. D. Hearing Regarding Proposed Assessments. The council shall hold a public hearing on the date and time set in the notice to consider those objections filed in writing with respect to the proposed assessments. The council may adopt, correct, modify or revise the proposed assessments and shall determine the i amount of the assessment to be charged against each lot within the local improvement district according to the special and peculiar benefits accruing to it from the improvements, and shall by resolution levy and spread the assessments and cause that notice of the assessments be delivered to the owners of the affected property. 13.20.070 Notice of Assessment. A. Within ten days after the effective date of the resolution levying the assessments, the city recorder shall send by first class mail to ,the owner of the assessed property, a notice of assessment. The notice shall contain the following information: PAGE 5-ASSESSMENT ORDINANCE (p:ma u.w.onu) 1. The date of the resolution levying the assessment, the name of the owner of the property assessed, the amount of the assessment, and a description of the property assessed; 2 . A statement that the owner may file an application to pay the assessment in installments, as provided in this chapter; and 3 . A statement that the entire amount of the' assessment, less any part for which application to pay in installments is made, is due within 20 days of the date of the letter and, if unpaid on that date, will accrue interest and subject the property to foreclosure. B. Supplementary notices of assessment, in form and content _._. to be determined by the city recorder, may also be published or posted by the city recorder. C. Failure to receive any notice of assessment shall not invalidate the proceedings nor affect the validity of the assessment. 13.20.080 Address To Which Notices Should Be Sent. If a notice is required to be sent to the owner of a lot pursuant to this chapter, the notice shall be addressed to the owner or the owner's agent, as such address is recorded in the county tax roll. If the address of the owner or of the owner's agent is unknown to the recorder, the recorder shall mail the notice addressed to the owner or the owner's agent at the address where the property is located. Any mistake, error, omission or failure in respect to the mailing shall not be jurisdictional or invalidate the assessment proceeding, but there shall be no foreclosure or legal action to collect until notice has been given by personal service upon the property owner, or, if personal service cannot be had, then by publication once a week for two consecutive weeks in a newspaper of general circulation within the city. 13.20.090 Deficit Assessments or Refunds. If the initial assessment has been made on the basis of estimated cost, and, upon completion of the work, the cost is found to be greater than the estimated cost, the council may make a deficit assessment for the additional cost. Proposed assessments upon the respective lots within the special improvement district for a proportionate share of the deficit shall be made, notices shall be sent, opportunity for objections shall be given, any objections shall be considered, and a determination of the assessment against each particular lot, block, or parcel of land shall be made in the same manner as in the case of the initial assessment, and the deficit assessment shall be spread by resolution. recorder 13.20.100 Rebates and Credits. If assessments have been made on the basis of estimated cost and upon completion of the improvement project the cost is found to be less than the estimated cost, the council shall ascertain and declare the same by resolution, and when so declared, the excess amounts shall be entered on the city lien record as a credit upon the appropriate assessment. Thereafter, the person who paid the original PAGE 6-ASSESSMENT ORDINANCE (p:ord,=m.ord) assessment, or that person's legal representative or successor, shall be entitled to repayment .of the excess amount. If the property owner has filed an application to pay the assessment by installment, the owner shall be entitled to such refund only when such installments, together with interest thereon, are fully paid. If the property owner has neither paid such assessment nor filed an application to pay in installments, the amount 'of the refund shall be deducted from such assessment, and the remainder shall remain a lien on the property until legally satisfied. 13.20.110 Description of Real Property: Effect of Error In Name of Owner. In levying, collecting and enforcing local assessments for local improvements, the following shall apply: A. Real property may be described by giving the subdivision according to the United States survey when coincident with the boundaries of the property, or by lots, blocks and addition or subdivision names, or by metes and bounds or reference to the volume and page or document number of any public record of Jackson County where the description may be found, or by designation of tax lot number referring to a record kept by the Assessor of descriptions of real property of Jackson County, which record shall constitute a public record, or in any other manner as to cause the description to be capable of being made certain. Initial letters, abbreviations, figures, fractions and exponents, to designate the township, range, section or part of a section, where the number of any lot or block or part, or any distance, course, bearing or direction, may be implied in any description of real property. B. If the owner of any land is unknown, the land may be assessed to "unknown owner, " or "unknown owners. " If the property is correctly described, no final assessment shall be invalidated by a mistake in the name of the owner of the real property assessed or by the omission of the name of the owner or the entry of a name other than that of the true owner. Where the name of the true owner, or the owner of record, of a partial of real property is given, the final assessment shall not be held invalid on account of any error or irregulatory in the description if the description would be sufficient in a deed of conveyance from the owner, or such that, in a suit to enforce a contract to convey, employing such description a court of equity would hold it to be good and sufficient. C. Any description of real property that conforms substantially to the requirements of this section shall be a sufficient description in all proceedings of assessment relating or leading to a final assessment for a local improvement, foreclosure and sale of delinquent assessments, and in any other proceeding related to or connected with levying, collecting and enforcing final assessment for special benefits to the property. 13.20.120 Lien Records and Foreclosure Proceedings. A. Assessment Liens. After adoption of the assessment resolution by the council, the city recorder shall enter in the PAGE 7-ASSESSMENT ORDINANCE city lien record and adopt a statement of the amount assessed upon each particular lot, parcel of land or portion, together with a description of the improvement, the name of the owners, and the date of the assessment resolution. The amounts entered in the lien record shall become a lien and charge upon the respective lots, parcels of land or portions that have been assessed for such improvement. All assessment liens of 'the city shall be superior and prior to all other interests, liens and encumbrances on the assessed property insofar as the laws of the State of Oregon permit. , B. Interest. Interest shall be charged until paid on all amounts assessed but not paid within 20 days from the date of the notice of assessment, at a _rate to be determined by the council. C. Foreclosure. After expiration of 20 days from the date of the notice of assessment, the city may proceed to foreclose or enforce collection of the assessment liens in the manner provided by the general law in the State of Oregon for the collection of such liens. The city may, at its option, bid the amount of its lien for the property being offered at any foreclosure sale. 13.20.130 Errors in Assessment Calculations. Persons claiming errors in the calculation of assessments shall bring the alleged errors to the attention of the city recorder. The city recorder . shall determine whether there has been an error in fact. If the city recorder finds that there has been an error in fact, the city recorder shall recommend to the council an amendment to the assessment resolution to correct the error. Upon adoption of the correcting resolution, the city recorder shall cause the correction to be made in the city lien record and shall cause a corrected notice of assessment to be sent by first class mail to the owners of all affected properties. 13.20.140 Installment Payments of Assessments. The Bancroft Bonding Act (ORS 223 .205 to 223 .295) shall apply to assessments levied in accordance with this. chapter, subject to the provisions of this chapter. Unless otherwise provided in a particular assessment resolution, the owner of any property assessed for a local improvement in a sum of $100 or more may, at any time within 20 days after the date of the assessment notice (or within such lesser time, not to be less than ten days, as the council may from time to time establish) , file with the city recorder a written application to pay the whole of the assessment, or, if any part of the assessment has been paid, the unpaid balance of the assessment, in 20 semi-annual installments, together with interest thereon at a rate to be determined by the council, and an amount, to be determined by the council, sufficient to pay a proportionate part of administering the bond assessment program and issuing the bonds. In addition, each application shall state that the applicant waives all irregularities, jurisdictional or otherwise, in the proceedings to cause the local improvement for which the final assessment is levied and in the apportionment of the actual cost of the local improvement, and shall contain a description, by lots and blocks, or other convenient method, of the property of the applicant assessed for the improvement. PAGE 8-ASSESSMENT ORDINANCE (p:ordl&a .ord) 13.20.150 Abandonment of Proceedings. The council shall have full power and authority to abandon and rescind proceedings for local improvements made under this chapter at any time prior to the final completion of such improvement. If liens have been assessed upon any property under such procedure, they shall be canceled, and any payments made on such assessments shall be refunded to the persons paying the same, their assigns or successors. 13.20.160 Manner of Doing Work. Local improvements may be made in whole or in part by the city, by another governmental agency, by contract, or by any combination of these. The city administrator, on behalf of the city, shall determine the engineer for all work to be accepted by the city for public maintenance. 13.20.170 Curative Provisions. No improvement assessment shall be rendered invalid by reason of a failure to have all of the information required to be in any engineer's or city recorder's report, the improvement resolution, the assessment resolution, the lien docket or notices required to be published, mailed or posted; nor by the failure to list the name of, or mail notice to, the owner of any property as required by this chapter; nor by reason of any other error, mistake, delay, omission, irregularity, or other act, jurisdictional or .otherwise, in any of the proceedings or steps specified in this chapter, unless it appears otherwise that the assessment is unfair or unjust in its effect upon the person complaining. The council shall have the power and authority to remedy and correct all such matters by suitable action and proceedings. 13.20.180 Construction of Improvement: Bids. Immediately after the effective date of the resolution establishing the local improvement district, the engineer for the city shall cause necessary right-of-way and easements to be acquired .and the ' improvement to be made in accordance with the terms. of the resolution if the work is to be performed by the city or another governmental agency. If any part of the work of the improvement is to be done under contract bids, the engineer for the city shall cause detailed plans and specifications to be prepared and filed and notice calling for bids to be published in a newspaper of general circulation within the city not less than ten days prior to the opening of the bids. B. The city administrator shall have the authority to sign all contracts on behalf of the city. C. If the bid is more than ten percent above the engineer's estimate, the city administrator shall refer the matter to the city council which may, in its discretion, provide for holding a special hearing to consider objections to proceeding with the improvement on the basis of such bid. 13.20.190 Reassessments. A. Whenever all or part of any assessment for any local improvement has been or shall be declared void or set aside for any reason or its enforcement PAGE 9-ASSESSMENT ORDINANCE refused by any court by reason of jurisdictional or other defects in procedure, or whenever the council is in doubt as to the validity of all or any part of such assessment, the council may make a new assessment or reassessment in the manner provided in .ORS 223 . 405 through ORS 223 .485, inclusive. B: For purposes of this section, the term "assessment" includes deficit or supplemental assessments and reasse9sments. 13.20.200 Apportionment of Liens Upon Partition. A. Whenever the ownership of any portion of a tract of real property less than the entire tract is or has been transferred through partition or otherwise, any lien against said real property in favor of the city shall, upon request of the owner, mortgagee or lienholder of any portion of the tract, be apportioned as provided in this section and not otherwise; provided, that such transfer is in accordance with ORS 92.010 to 92. 190, the Ashland Comprehensive Plan and Land Use ordinance. B. Applications for the apportionment of liens shall be made to the city recorder and shall be accompanied by a fee established by resolution of the council. The application shall describe the tract to be partitioned and the names of the owners of the respective tracts resulting from the partition. The County Assessor shall furnish to the applicant a certificate showing the assessed valuation of the tract prior to partition as of July 1 of the year in which the apportionment is requested, if available; or if not available, as of July 1 of the preceding year. C. The city recorder shall compute an apportionment of the lien against the real property upon the same basis as the same was originally computed and apportioned. No apportionment shall be made unless all parts of the original tract of land, taken together, after the apportionment will have a true cash value as determined from the certificate of the assessor of at least the amount of the lien as to the various tracts concerned. D. Apportionment of a final assessment resulting from a partition under this section shall be done in accordance with a resolution of the council. The resolution shall describe each parcel of real property affected by the apportionment, the amount of the final assessment levied against each parcel, the owner of each parcel and such additional information as is required to keep a permanent and complete record of the final assessments and payments. A copy of the resolution shall be delivered to the city recorder for filing in the city lien docket. E. No apportionment may be made under this section unless the deed, mortgage or other instrument evidencing the applicant's interest in the parcel has been recorded by the County Clerk, or, if the same has not been filed, the applicant files a true copy with the city recorder. 13.20.210 Remedies. Subject to the curative provisions of this chapter and the rights of the city to reassess, all actions of the council taken pursuant to this chapter are reviewable solely and exclusively by writ of review in accordance with the procedures in ORS 31. 010 to 34. 100. PAGE 10-ASSESSMENT ORDINANCE (p:wale.aa..or� 13.20.220 Severability. Should any section, paragraph, sentence or word of this chapter be declared for any reason to be invalid, it is the intent of the city of Ashland that all other portions remain if effect. SECTION 2: Chapter 13.08 entitled "Sidewalk Assessments" is deleted in its entirety. ' SECTION 3 . Classification of the fee. The fee specified in Section 13 .20.200.B as set forth in Section 1 of this ordinance is classified as not subject to the limits of Section llb of Article XI of the Oregon Constitution (Ballot Measure No. 5) . The foregoing ordinance was first read by title only in accordance with Article X, Section 2 (C) of the city Charter on the day of , 1993, and duly PASSED and ADOPTED this day of , 1993 . Nan E. Franklin City Recorder SIGNED and APPROVED this day of , 1993 . Catherine M. Golden Mayor Apd ,asoto form: Em - o-� Paul No�l�tJle City Attorney PAGE 11-ASSESSMENT ORDINANCE �:rnaw.w.oa> City Attorney City of Ashland (503) 482-3211, Ext. 59 MEMORANDUM December 21, 1992 TO: Mayor and City Council FROM: Paul Nolte SUBJECT: Proposed Newsrack Vending Ordinance At the public hearing on this proposed ordinance the council received several objections to the ordinance based on the First Amendment to the Federal Constitution. In response to those objections the following is a brief background of the legal basis for the ordinance. It is my opinion that the ordinance presented to the council meets the requirements of both the state and federal constitutions. The city has the power to regulate the use of public sidewalks including the power to regulate sales of newspapers. Because public sidewalks are considered traditional public forums and are open to the public for purposes of speech and debate, the right to regulate newsracks is limited'. While the United States Supreme Court has never directly held that a municipality is prevented from prohibiting all newsrackS2, it has implied, and most lower courts have held, that the freedom of the press guarantee in the First Amendment extends the right to distribute newspapers by newsracks on municipal property3. ' Frisby v. Schultz, 487 US 474 (1988) and Hague v. CIO, 307 US 496 (1939). 2 Indeed the strong dissent in the Lakewood case, infra, suggests otherwise: 'The Court quite properly does not establish any constitutional right of newspaper publishers to place newsracks on municipal property. The Court expressly declines to 'pass' on the question of constitutionality of an out right municipal ban on newsracks. (Citation omitted.) . . . our precedents suggest that an outright ban on newsracks on city sidewalks would be constitutional, particularly where . . . ample alternative means of 24-hour distribution of newspapers exist. In any event, the Court's ruling today cannot be read as any indication to the contrary: cities remain free after today's decision to enact such bans." (Emphasis in original.) ' See Gannett Satellite Info. Network, Inc. v. Metropolitan Transp. Authority, 745 F.2d 767, 777 (2d Cir. 1984); Gannett Satellite Info. Network v. Township of Pennsauken, 709 F.Supp. 530, 536 (D.N.J. 1989); Chicago Newspaper Publishers Association v. City of Wheaton, 697 F.Supp. 1464, 1466 (N.D. III. 1988); Providence Journal Co. v..City of Newport, 665 F.Supp. 107, 110 (D.R.I. 1987); Philadelphia Memorandum to City Council December 21, 1992 Paae 2 The principal case which establishes what a municipality may do in the regulation of newsracks is the fairly recent United States Supreme Court case of City of Lakewood, Ohio v. Plain Dealer Publishing, 486 US 750, 100 L Ed 2d 771, 793, 108 S Ct 2138 (1988). This case invalidated the City of Lakewood's ordinance which regulated the placement and design of newsracks on public sidewalks. The court invalidated the ordinance because it granted to the mayor the power to grant or deny placement "on terms and conditions deemed necessary and reasonable by the Mayor" and it allowed the Mayor to require placement in an inaccessible location without providing any justification. "It is apparent that the face of the ordinance itself contains no explicit limits on the Mayor's discretion. Indeed, nothing in the law as written requires the Mayor to do more than make the statement 'it is not in the public interest' when denying a permit application. Similarly, the Mayor could grant the application, but require the newsrack to be placed in an inaccessible location without providing any explanation whatever." Lakewood, supra, 100 L Ed 2d at 791. The court held that ". . . those portions of the Lakewood ordinance giving the Mayor unfettered discretion to deny a permit application and unbounded authority to condition the permit on any additional terms he deems 'necessary and reasonable' to be unconstitutional." Lakewood, supra, 100 L Ed 2d at 792. There are a multitude of state and federal cases as to how far municipalities may regulate newsracks. A few of those cases have been cited in the information you have received from the attorney for USA Today, Alice Lucan. Unfortunately, the information you received from the attorney for The Oregonian was worthless for purposes of evaluating the constitutionality of the proposed ordinance. I requested the Oregonian's attorney to supply some authority for his sweeping conclusions, and he has done so. I have attached his response to this memorandum. The cases he cites are important, but not helpful or on point. These cases stand for the general constitutional principle that there can be no interference by the government in our constitutionally protected speech freedoms. None of them deal specifically with freedom of the press, newsracks or news publication distribution. While newsracks may have First Amendment constitutional protection, that does not Y P mean they are immune from regulation. The city still has the power to protect legitimate public interests including safety and aesthetics. In general, courts have upheld municipal ordinances regulating newsrack design and placement if such ordinances are content neutral (do not permit or deny newsracks based on the Newspapers, Inc. v. Borough of Swarthmore, 381 F.Supp. 228, 240 (E.D. Pa. 1974). Memorandum to City Council December 21, 1992 Page 3 content of the publications they contain) and are reasonable as to 'lime, place and manner" of regulation. In other words, the city may enact reasonable time, place and manner regulations on constitutionally protected press freedoms if such regulations promote the.legitimate public interests of safety or aesthetics. The ordinance before you was written to meet any constitutional requirements or challenges based on First Amendment infringement. It follows the holding in the Supreme Court Lakewood case, supra, in that it leaves no discretion to city officials in the placement or design of newsracks. Note that section 13.24.060.A is mandatory in its terms; that it requires a permit to be issued if a newsrack is desired to be placed at any one of a number of locations. While not evident on the face of the ordinance, these locations are desirable for newsracks since they are all very visible and subject to much pedestrian traffic. Each one of the locations were approved by local representatives of the newspaper media. Note that section 13.24.060.13 is also mandatory. City officials must issue a permit in any other location desired by a newsrack vendor it the specified non-discretionary criteria are met. Most of those criteria were designed for pedestrian or vehicular traffic safety, including access to buses, buildings, traffic signals and utility poles. Some of those criteria were designed for aesthetic reasons. It is those criteria which have raised the most controversy. USA Today has complained that the requirements for uniform color infringes on its ability to market its product. It has submitted to you a case which nullified the City of Coral Gables, Florida ordinance requiring all newsrack to be brown or beige and lettering to be of a certain size, finding such requirement to be "disproportionate restraints on freedom of expression" and "broader than necessary to serve the city's weighty aesthetic goals.° Gold Coast Publications v. Corrigan, F.Supp _ (slip opn at 30)(1992, USDC, So.Dist.Fla.) At least one Federal appellate court has held, however, in overturning a City of Cincinnati ordinance that distinguished between newspapers and commercial handbills (and thus was not content neutral) that: "In contrast to Cincinnati's fears, it has many options open to it to control the perceived ill effects of newsracks apart from banning those dispensing commercial speech. To the extent that the use of chains to fasten the newsracks is unsafe, a regulation requiring that all newsracks be bolted to the sidewalk would solve the problem. To the extent that aesthetics are a concern, a regulation establishing color and design limitations upon all newsracks would fit the bill. If fact, counsel for Cincinnati admitted at oral argument that it is currently working on an ordinance of this sort with representatives of traditional newspapers. To the extent that the number of newsracks is disturbing, the city can establish a maximum number of newsracks permitted on city sidewalks, and distribute them either through first-come, first-serve permit rationing or by selling permits to the highest bidder." (Emphasis added.) Discovery Network, Inc. v. City of Cincinnati, 946 F.2d 464 (6th Cir.1991). Memorandum to City Council December 21, 1992 Page 4 On balance, while the regulation on color may survive a constitutional challenge, the reasoning used by the court in Gold Coast Publications, supra, bears some consideration. There the court reasoned: regulations mandating uniformity of newsrack color and size of lettering are especially offensive to First Amendment concerns, when the city authorizes a variety of colors and lettering size on other street furniture and architectural projections. The photographs show awnings over buildings in Coral Gables representing a large spectrum of colors. Trash barrels, owned by the city, are .multi-colored and the lettering on the sides of these receptacles is not limited to 1 3/4". * * * * The banner of aesthetics, here, can quite possibly be a public rationalization for the impermissible purpose of targeting newsracks.° A casual stroll through the city reveals that the city in general has used dark green for its street furniture (benches, bike racks, etc.) but has utilized black sign and lamp posts, brown street light poles and brown trash can screens. In addition there exists on city sidewalks: blue mail boxes, brown bus shelters, white parking ticket receptacles, blue and brown telephone booths and probably other colors as well. Attached to this memorandum is a revised ordinance which primarily accomplishes three things. 1) It eliminates the controversy about uniform color by deleting the provisions relating to those standards: 13.24.070 Newsrack Standards. Installation and Maintenance. F. III n ..I... ..he" be daFk n in eleF be white in 8el0F. 2) It requires the city to furnish a certain amount of newsracks to publications which do not charge for their publication: 13.24.060 Specific Placement Requirements. A. Newsracks in the Downtown District shall be permitted at the following locations: 1. The sidewalk peninsula located in front of 57 N. Main St. 2. The area immediately east of Chataqua Walk where it meets the Main Street sidewalk. 3. In front of 212 East Main St. 4. At the Southeast corner of Second and E. Main St. 5. At the Northeast corner of Second and E. Main St. 6. In front of 110 E. Main St. or, in the alternative, the walkway adjacent to 142 E. Main St. 7. Adjacent to any Rogue Valley Transit District bus shelter. Memorandum to City Council December 21, 1992 Page 5 Whe restf#b do gso byy rtew pubtGCet d distributed free of CildfG�B �'ti ty2Adttts2[atot Salt prhese arirl �nSta(E� i the City" gxtP�ls , up to "UNO: SF t£6 t 1 f the above tbcatii3ftstsft5r tse by news put ticat,t ns eltstrttxtter�y#ree ct�rge M��tenance shad iae:the respans�itltar ©f thQ news S M S� 5 h f! 9 w..............nw.........w.......ouw.C'. ..a xvh£at...A...k.'.h.... y..... .. pUbl[ca�n,un�rthe newscack,; 3) It permits newsracks dispensing free publications to be doorless: 13.24.070 Newsrack Standards. Installation and Maintenance. All newsracks installed, used or maintained on a public right-of-way shall meet the following standards. A. Newsracks shall be fully enclosed with a top, bottom, two sides;#Gm and back and made of heavy gauge metal or reinforced polycarbonate or a combination of the two. The newsrack may include a display window to display the actual publication being vended from the machine and a recovery window to allow inspection of inventory,without opening the box. tuai r ek "MR-99, J Ere8 i18 i1 a1re cfil �bvY � F . A few other amendments amendments have been made to the ordinance previously forwarded to you, which are noted in the text of the attached revised ordinance (additions are 6YtttCt ;. and deletions are Hpedthredgh). have forwarded this revised ordinance to representatives of news publications who appeared before you. (p:erdView -m.opn) LA NR POWELL SPEARS LUBERSKY December 11,1992 Mr. Paul Nolte City Attorney City Hall Law Offices Ashland, Oregon 97520 520 S.W. Sahe l 00 Street Suite 8 Dear Mr. Nolte: Portland. OR 97204.1383 . Oregonian Publishing Company supports the legal objections and points of law expressed in •the November 16 and April 10 letters by (50312266151 the Gannett lawyer, in opposition to the draft of an ordinance Telex: restricting newsracks. 269029-SPRS-UR Facsimile: In addition, Oregonian Publishing Company opposes the draft's 1503)2240388 provisions that might require that newsracks dispensing The Oregonian newspaper be bolted or fastened to sidewalks or walls Including partnership (13.24.060B2b, and 13 . 24.070G) . The newsracks that dispense The nclu Professional Oregonian are not dangerous. They are secured by cable or Corporations weighted. There is no need to require them to be bolted to sidewalks or walls. The fastening provisions of the proposed ordinance would be. unnecessarily burdensome and unnecessarily restrictive, and thus would be unconstitutional impositions upon free speech and free press. See, e.g. , Van v. Travel Information Council, 52 Or App 399, 408-409 , 413-417 (1981) (U.S. Constitution) . Also, please bear in mind that the Oregon Constitution provides greater protection of free speech, both commercial and noncommercial , than the protection provided by the federal constitution. Ackerley Communications Inc v Multnomah County, 72 Or App 617 (1985) . The draft ordinance would excessively burden free speech . and .free press, contrary to Article I, Section 8, of the Oregon Constitution. See City of Hillsboro v. Purcell, 306 Or 547, . 553-556 (1988) ; City of Eugene v. Powlowski, 116 Or App 186 (November 4, 1992) . Sincerely, . Michael G. Holmes Anchorage AK Los Angeles. CA cc: City Council and Mayor - Mount Vernon. WA - Olvinpin VA Oregonian Publishing Company Portland. OR Seattle. WA �'\eea\xex\aoasaxex.c2x London. England .. .. Tnkpo. Ripen ORDINANCE NO. AN ORDINANCE OF THE CITY OF ASHLAND ADDING A NEW CHAPTER 13.24 TO THE ASHLAND MUNICIPAL CODE RELATIVE TO NEWSRACK PLACEMENT. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: ' SECTION 1. Chapter 13.24 is added to the Ashland Municipal Code and shall read as follows: Chanter 13. 24 NEWSRACK PLACEMENT Sections: 13.24. 010 Council findings. 13 .24.020 Definitions. 13 .24.030 Permit--Required. 13.24.040 Permit--Application and Renewal. 13.24.050 General Placement Requirements. 13.24. 060 Specific Placement Requirements. 13 . 24.070 Newsrack Standards, Installation and Maintenance 13 .24.080 Liability--Indemnification. 13.24.090 Abandoned newsracks. 13.24. 100 Removal--hearing. 13 .24. 110 Compliance by existing owners. 13 .24.120 Severability 13 .24.010 Council findings. A. The City Council finds and declares that the uncontrolled placement and maintenance of newsracks in the public right-of-way creates physical danger to the traveling public and the numerous pedestrians that use the public rights-of-way in the City. Moreover, the City Council ' finds that in recognition of the unique architectural features and basic heritage of the City, the clutter and congestion of numerous disparate types of newsracks in the public rights-of-way is unsightly and not in keeping with the nature of the City. B. The City Council also finds, however, that the use of sidewalks and parkways to distribute newspapers and other publications lies at the heart of our constitutional guarantees of freedom of speech and freedom of the press. Such areas are so historically associated with the sale and distribution of newspapers and publications that access to these areas for such purposes should not be absolutely denied. C. The City Council further finds that the public interest requires that newsrack facilities of uniform and coordinated construction and appearance be utilized and that these strong and competing interests require a reasonable accommodation which can only be satisfactorily achieved through the means of this chapter, designed to accommodate such interests by regulating the time, place and manner of using such newsracks. PAGE 1-ORDINANCE (p:Md%nMurt.fd)MW mba21,1"2) 13 .24 . 020 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. "City Administrator" means the City of Ashland City Administrator or the designee of the City Administrator. B. "Display window" means a window in a retail store used for the display of merchandise sold within the store containing the window. Display window does not include a window in a restaurant or office. C. "Downtown District" means both sides of East Main Street from Church Street to Siskiyou Blvd. , the Plaza, and all side streets for a distance of 200 feet. D. "Highway" means all that area dedicated to public use for public street purposes and includes, but is not limited to, roadways, parkways, alleys and sidewalks. E. "Newsrack" means any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the sale or distribution of newspapers, news periodicals or other news publications. F. "Parkway" means that area between the edge of the roadway and the adjacent property line, excluding the area occupied by the sidewalks. Parkway shall also include any area within a roadway which is not open to vehicular travel. G. "Public right-of-way" means property dedicated to public use or owned by the City of Ashland and includes highway, parkway, roadway and sidewalk. H. "Roadway" means that portion of a public street improved, designed or ordinarily used for vehicular travel. I. "Sidewalk" means any surface on a public right-of-way provided for the exclusive use of pedestrians. 13 .24 . 030 Permit--Required. No person shall install, place or maintain any newsrack in the public right-of-way without first obtaining a permit from the City Administrator. 1 13 . 24. 040 Permit--Application and Renewal. A. An application for a permit for a newsrack shall be accompanied by the following: 1. The name, address and telephone number of the applicant; 2. The name, address and telephone number of a responsible person whom the City may notify or contact at anytime concerning the applicant's newsrack; 3. The number of newsracks and the exact proposed location of each. B. Permits shall be valid for three years and shall be renewable pursuant to the procedure for original applications. 13 .24 . 050 General placement requirements. A. All newsracks shall be located so as to maximize the public convenience, health, safety and welfare, both as to accessibility to the PAGE 2-ORDINANCE (p:%ftM,=k.ra)M=Mb� 21,1992) newsracks and the use of the public right-of-way as a thoroughfare and passageway for pedestrians eBub7e to the requrements natxc ancft hearYigs pr#3vded7R SGCte>#7 13.24U�; If""the City"Administrator determines `ttiat" any newsrack" interferes with any present or proposed public use of the right-of-way or use by any utility, the City Administrator may order such newsrack to be removed upon ten days written notice by mail to the permittee. Failure to comply with such order shall be a violation of this ordinance. 13 . 24. 060 Specific Placement Requirements. A. Newsracks in the Downtown District shall be permitted at the following locations: 1. The sidewalk peninsula located in front of 57 N. Main St. 2 . The area immediately east of Chataqua Walk where it meets the Main Street sidewalk. 3 . In front of 212 East Main St. 4. At the Southeast corner of Second and E. Main St. 5. At the Northeast corner of Second and E. Main St. 6. In front of 110 E. Main St. or, in the alternative, the walkway adjacent to 142 E. Main St. 7. Adjacent to any Rogue Valley Transit District bus shelter. ���1&�',+�CjE������4a�Q� ���a��' ©� charges the' O,lt �� �aistratot shal��purchaseuand'�°n�ta�.�� �`at 2acatlans, #c�rus b mewsrukrlacatans distributed free ref im $ .F rMalE� kpt"sr { J8 pGSls y qvs Pull cast tsn usmng« e��new$rae7e; B. Other locations shall be approved by the City Administrator provided the following conditions have been met, except that no location shall be approved for the Plaza: 1. No newsrack shall be closer than 200 feet from another newsrack for the same newspaper or publication on the same side of the street. 2 . No newsrack shall be placed, installed, used or maintained: a. Or project onto, into or over any part of a roadway or rest wholly or in part upon, along or over any portion of the roadway; b. Or be attached to any fire hydrant, power pole, sign post, tree, refuse container or any other existing fixtures except a sidewalk or wall; c. Within five feet of any marked crosswalk; d. Within fifteen feet of the curb return of any unmarked crosswalk; e. Within five feet of any hydrant or other emergency facility; {f�. Within five feet of any driveway; ii i Within five feet e f any bus ben e1...,. PAGE 3-ORDINANCE (p:Md%Ww.Wk.rd)M=wbu21, 1992) -k . Or restrict, when open, the clear space for the passageway for pedestrians to less than six feet when the pedestrian count is less than five per minute, or eight feet if it is greater than five per minute. j!,s. Within three feet of any area improved with lawn, flowers, shrubs or trees; or within 1.6 of any display window of any building abutting the"sidewalk or 'parkway or in such a manner as to impede or interfere with the reasonable use of such window display purpose; 3 . At any location where the newsrack causes, creates or constitutes a traffic hazard; 4 . At any location where the newsrack unreasonably obstructs or interferes with free ingress or .egress_ to or from abutting property; 3dL Where the newsrack will endanger persons or property; mm. Where the newsrack will unreasonably interfere or obstruct the flow of pedestrian or vehicular traffic or access to parked vehicles on a highway. 3 . When more than one newsrack is located at one location, they shall be located so as to abut each other except that a permittee with more than one newsrack at one location shall use double (stack) newsracks. The City Administrator may require that four or more newsracks at one location be stacked two high and mounted on a rack supported by a pedestal or pedestals. 4. A permittee with more than one newsrack at one location shall use double (stack) newsracks. 13 .24 . 070 Newsrack Standards. Installation and Maintenance. All newsracks installed, used or maintained on a public right-of-way shall meet the following standards. A. Newsracks shall be enclosed with a top, bottom, two sides, front and back and made of heavy gauge metal or reinforced polycarbonate or a combination of the two. The newsrack may include a display window, to display the actual publication being vended from the machine and a recovery window to allow inspection of inventor without o enin the box. %VSy r �"nx . Y yp ' g .,:' c Pi:l '. c�S...... T:.',. ....".m.. 3:n.:ii:':.: 55:f`.Y H..a�'i• G52e]A� . Z F uJal�aatxc�ns � ee�of esha e r sed n av a rrf d IMM B. No'newsrack shall exceed 26 inches in width, 18 inches in thickness or 50 inches in height including its base. Stacked newsracks shall not exceed 50 inches in height including the base. C. Each newsrack containing publications for which there is • charge shall be equipped with a coin-return mechanism to permit • person using the machine to secure an immediate refund in the event the person is unable to receive the publication paid for. The coin-return mechanisms shall be 'maintained in good working order. D. Each newsrack shall have affixed to it in a readily visible place so as to be seen by anyone using the newsrack a notice setting forth the name and address of the distributor and the telephone number of a working telephone service to call to PAGE 4-ORDINANCE (p:mtwwtrwi.fd)M=mbu2), 1992) report a malfunction, or to secure a refund in the event of a malfunction of the coin-return mechanism, or to give the notices provided for in this section. E. Each newsrack shall be maintained in a neat and clean condition and in good repair at all times. specifically, but without limiting the generality of the foregoing, each newsrack shall be serviced and maintained so that: 1. It is reasonably free of dirt and grease. 2 . It is reasonably free of chipped, faded, peeling and cracked paint. 3. It is reasonably free of rust and corrosion. 4. The clear plastic or glass parts thereof, if any, through which the publications are viewed is unbroken and reasonably free of cracks, dents, blemishes and discoloration. 5. The paper or cardboard parts or inserts, if any, are reasonably free of tears, peeling or fading. 6. The structural parts of the newsrack are not broken or unduly misshapen. F, All newsraeks shall be dark green ; v 6 Newsracks shall either have an enclosed base or free standing pedestal base. The base shall be securely fastened to the ground or wall �ME. p #r a ty°,6 MA � d 9SM•°rFC.n>o veax ^116 ABC.:. Signs on newsracks or supporting structures shall comply with the following requirements. For purposes of this subsection , sign means any insignia, identification, description, illustration, symbol, logo, decal or printed or graphic information but does not include the publication being vended, the newsrack faceplate described in subsection 1 below or the identification tag described in subsection 2 below. 1. Each newsrack shall be identified by the permittee with a securely fastened identification tag not exceeding twelve square inches containing the name, address, telephone number and permit number of the permittee in a manner so as to be clearly visible. 2. Information regarding the price for the publication being vended and operating instructions for the newsrack, if any, shall be contained on the newsrack faceplate in an area not exceeding 32 square inches. 3. A sign on the newsrack or supporting structure shall be contained in an area not to exceed 216 square inches and shall be located only on the front of the newsrack. paper- insert, be white� in eeler. 1 . The permittee is responsible for the installation of newsracks. All work undertaken shall be the sole responsibility of the permittee. Damage resulting from the installation of the newsrack shall be repaired immediately by and at the expense of the permittee. Failure to make required repairs shall result in City forces undertaking to make such repairs. The cost of repairs shall be chargeable as a civil debt to the permit holder and may be collected by the City in the same manner as it collects any other civil debt or obligation. PAGE 5-ORDINANCE (p;wA=wzrwkXd)M=mbe 21,199'2) 13 .24 . 080 Liability--Indemnification. As an express condition of the acceptance of a newsrack permit, the permittee thereby agrees to defend, indemnify and hold harmless the City, its officers and employees, from any loss, liability, damage or cost sustained by any person or property, arising from the installation, operation or use of such newsrack; provided, however, that such obligation to indemnify and hold harmless the City, its officers. and employees shall not extend to any loss, liability damage or cost resulting from the acts or property of another. 13 . 24. 090 Abandoned newsracks. No person who places or maintains a newsrack on the sidewalks of the City shall permit such newsrack to remain unused for a period of 30 days or more. Any such newsrack shall be considered abandoned. 13 . 24 . 100 Removal--Hearing. A. . Any abandoned newsrack or any newsrack installed, used or maintained in violation of the provisions of this chapter may be subject to the removal and storage by the City Administrator. The City Administrator shall take steps to notify the permittee in violation and request compliance within seven calendar days prior to removal. If there is no permittee for the newsrack, the City Administrator shall take steps to notify the owner, if known, and request compliance within three calendar days. If the owner is not known, and cannot be determined upon examination of the newsrack or its contents, the newsrack may be summarily removed and stored by the City Administrator. At any time within the seven-day or three- day period, as the case maybe, an administrative hearing to challenge the existence of a violation may be requested by the permittee or owner. Failure to correct the offending condition or to request the hearing shall result in removal and storage of the newsrack by the City Administrator at any time after the expiration of the notice period. B. If the permittee requests a hearing as provided in subsection A of this section, the hearing shall be scheduled within five days of the request and shall be administered by the City Administrator. The permittee shall have five days from the date of any adverse ruling which may result from the hearing to comply with the provisions specified in the ruling. If after five days from the date of decision the permittee has failed to comply with the provisions of this chapter cited in the decision, the newsrack shall be removed and stored by the City Administrator. C. The cost of removal and storage by the City Administrator of any newsrack subject to this chapter shall be chargeable as a civil debt to the permittee and_ may be collected by the City in- the same manner as it collects any other civil debt or obligation. Any newsrack remaining in storage for more than 30 days shall be deemed to be unclaimed property and may be disposed of accordingly. 13 .24. 110 Compliance by existing owners. Owners of newsracks located within the City on the effective date of this chapter PAGE 6-ORDINANCE (p:om\=wsrWk.fd)M 21, 1992> shall have 39.0ddays from this date to comply with the provisions of this chapter ; thereafter, any newsracks not in compliance shall be subject to removal by the City Administrator as provided in this chapter. 13 .24 . 120 Severability. Should any section, paragraph, sentence or word of this chapter be declared for any reason to be invalid, it is the intent of the City of Ashland that all other portions remain in effect. 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 1993, and duly PASSED and ADOPTED this day of j 1993. Nan E. Franklin City Recorder SIGNED and APPROVED this day of , 1993 . Catherine M. Golden Mayor Approved as to form: + Iv Paul Nolte City Attorney PAGE 7-ORDINANCE :aa (p eroek.fd)(Dccember 21,1992) OFA31j. G - Ema rand um GREGO, ` January 5, 1993 �1[I: Mayor and City Council r- rQm: Constructed Wetlands Selection Committee (CSWC) 'IIUjQCt: Consultant Recommendation ACTION REQUESTED City Council approve Woodward-Clyde Consultants (with Hydro-Resources International and Westech Engineering) as consultant for the Constructed Wetlands Facility Plan Addendum. City Council authorize City Administrator to negotiate and sign a professional services contract with Woodward- Clyde Consultants substantially based on their proposal. BACKGROUND Staff advertised for proposals for. engineering services for the Constructed Wetlands Facilities Plan Addendum. Four responses were received: • Cascade Earth Sciences and James M. Montgomery • CHZM-Hill • Kramer, Chin and Mayo, Incorporated + Woodward-Clyde Consultants, Westech Engineering and Hydro Resources, Incorporated The CWSC was appointed by Mayor Golden and included: + Pat Adams, representing the Parks and Recreation Commission. Because of personal reasons, Pat asked Wes Reynolds to serve on her behalf. + Hollie Cannon, representing the Talent Irrigation District. + Eric Dittmer, representing the Rogue Valley Council of Governments. + Jerry MacLeod, representing the Oregon Department of Fish and Wildlife. + Klaas Van De Pol, representing the Ashland Wetlands Coalition and League of Women Voters. + Greg Williams, representing the City Council. Consultant Recommendation January 5, 1993 page 2 The CWSC met three times: + The first meeting was held on December 21, 1992 . The purpose of the meeting was to set ground rules and establish a process for selecting a consultant. An initial review of the four proposals was conducted during that meeting. + Staff conducted interviews of each firm's references. + The second meeting was held on December 28, 1992 . The meeting focused on a detailed review and discussion of the four proposals. As a result of . that meeting, the number of proposals was reduced from four to two for interviews. Fifteen questions were set by the CWSC to ask the two consultants selected for interviews. The CWSC chose to interview CH2M-Hill and Woodward-Clyde. + The interviews were held on January 4, 1993 . Each consultant was allotted about 15 minutes for an overview of their proposal. 45 minutes was allotted to the CWSC for questions and answers. After the two interviews, the CWSC discussed the proposals, interviews and concepts presented in great detail. By a vote of 5 to 1, the CWSC selected Woodward- Clyde Consultants as their choice for the project. The CWSC felt that either consultant would do an excellent job, but felt that the Woodward-Clyde consortium would be more innovative and entrepreneurial in their approach, based on their proposal and interview. Cost estimates were then opened for the two firms interviewed. CWM-Hill's estimate was $31, 704 and Woodward-Clyde's estimate was $34, 500. The CWSC also recommended that Woodward-Clyde be required to hold a public workshop early in the process to solicit local ideas and comments. Their original proposal was to contact each individual or group independently, draft a facility plan and then conduct the first public meeting. r Consultant Recommendation January 5, 1993 page 3 Steve Hall indicated that the funds will be taken from the capital improvement line in the 1992-1993 budget that was reserved for sewer line replacement ($60, 000) . He also said that the project would be grant eligible for any funds which remain in the grant for the original facilities study. SMH:=UWCWSCR=.� cc: CWSC Members encl: CWSC Minutes 12/21/92 CWSC Minutes 12/28/9 City of Ashland Department of Public Works Constructed Wetlands Selection Committee (CWSC) Minutes 12/21/92 The first meeting of CWSC (everybody has to have an acronym) was held in the Jury Room on Monday, December 12, 1992 at 3:30 p.m. In attendance were Hollis Cannon, Talent Irrigation District; Eric Dittmer, past Rogue Valley Council Of Governments Water Quality Coordinator; Jerry MacLeod, Oregon Department of Fish and Wildlife; Wes Reynolds, Ashland Parks and Recreation Commission; Klass Van De Pol, Ashland Wetlands Coalition and League of Women Voters; Greg Williams, City Council Laison; Pam Barlow and Steve Hall, city staff. Hall reviewed the proposed process for consultant selection. Williams questioned the validity of awarding points for using SOSC staff and students as he felt there was no advantage technically, only politically. Van De Pol thought CWSC should consider the firms experience in design, construction and operations which would give the practical evaluation of a firm. He noted that theory alone in studying wetlands needed to be tempered with actual construction and operations which can prove or disprove the theories proposed. He suggested 40 points for this evaluation. Dittmer asked how Brown and Caldwell would interface with the chosen consultant. Hall explained the process which will involve close consultation between the consultant and B&C as B&C will take the constructed wetlands facility plan addendum and "fold" it into the B&C facilities plan. B&C will be required to redefine treatment plant processes to meet discharge standards required from the WWTP to the constructed wetlands. MacLeod warned committee to look out for "canned" responses. He cited instances where consultants "raided" ODFW files, used ODFW data and produced a report without further research. He had concerns of a consultant using "canned" or existing information and presenting a plan which would not fit Ashland's climate, topography or soils. Hall noted that constructed wetlands technology has advanced a lot in the last year (according to Dr. Gearhart) and any "canned" approaches would be rare although it would be something to track carefully. Van De Pol had a concern of the difference between the RFP statement: the ability of combined treatment (WWTP and constructed wetlands) to continually meet summer, winter and Class 4 effluent standards established by EQC and DEQ;" CwsC Minutes Page 2 and the Council Minimum Objective: "The Ashland City Council will determine whether the use of expanded open surface wetlands technology in conjunction with the Ashland Facilities Plan Alternative 3A might prouduce effluent which could be delivered to the Talent Irrigation District (TID) in exchange for Bear Creek water during summer months," Hall said the intent In the RFP was to establish how close the City could come to summer discharge standards to provide data to discuss year around discharge or shortening the summer time frame to eliminate or minimize the critical time frame between TID shutdown and the current summer TMDL of November 31. Class 4 effluent would allow discharge into TID canal. General discussion of possibility of TMDL's being set in the future for the TID'canal. Hall noted key issue was if there were any direct discharges from the TID canal to Bear Creek. Cannon noted there were two spillways from the canal to Bear Creek, one about 400 feet downstream of the Oak Street diversion and at Butler Creek. These were not normally used, only in case of an emergency. Discussion of Medford Irrigation District's use of effluent from the WWTP and the "stigma" of using "sewage water" for irrigation including phosphates and groundwater contamination. Reynolds asked about scheduling and timing of process. He noted that the proposals had time frames of 3 months to 6 months. Hall indicated that CWSC should have their . recommendation to City Council by first meeting in January, second meeting in January at the latest. DEO has extended the deadline for facility plan submission until July 1, 1993. This will require the completion of the constructed wetlands facility plan addendum, Council acceptance of FP, Brown and Caldwell inclusion in overall:facilities plan, adoption of preferred alternative by Council, completion of facility plan by B&C and submission to DEO by July 1, 1993-a very fast track time frame) Decision on whether interviews will be required will be held over until next meeting. Reynolds noted that CWSC should carefully look at similar projects listed by consultants and see if they were comparable including climate, soils and topography. A wetlands that works in the Willamette Valley would not necessarily work in the semi- arid climate of Ashland. Reynolds stated that actual recommendations are needed, not just evaluation studies. The evaluation format was ahered by removing location of firm and she visit evaluation categories because all were in Oregon and had first hand information of the project. A section was added for "Implemented Projects" with a point range of 0-20 based on Van De Pol's recommendation. Points for SOSC use was reduced from 10 to 5 points. Format was approved by CWSC. CWSC discussed method of checking references. Hall was asked to do checks and provide CWSC with a summary of references for the next CWSC meeting. • t Cwsc Minutes Page 2 and the Council Minimum Objective: "The Ashland City Council will determine whether the use of expanded open surface wetlands technology in conjunction with the Ashland Facilities Plan Alternative 3A might prouduce effluent which could be delivered to the Talent Irrigation District (TID) In exchange for Bear Creek water during summer months," Hall said the intent in the RFP was to establish how close the City could come to summer discharge standards to provide data to discuss year around discharge or shortening the summer time frame to eliminate or minimize the critical time frame between TID shutdown and the current summer TMDL of November 31. Class 4 effluent would allow discharge into TID canal. General discussion of possibility of TMDL's being set in the future for the TID canal. Hall noted key issue was if there were any direct discharges from the TID canal to Bear Creek. Cannon noted there were two spillways from the canal to Bear Creek, one about 400 feet downstream of the Oak Street diversion and at Butler Creek. These were not normally used, only in case of an emergency. Discussion of Medford Irrigation District's use of effluent from the WWTP and the "stigma° of using "sewage water' for irrigation including phosphates and groundwater contamination. Reynolds asked about scheduling and timing of process. He noted that the proposals had time frames of 3 months to 6 months. Hall indicated that CWSC should have their recommendation to City Council by first meeting in January, second meeting in January at the latest. DEO has extended the deadline for facility plan submission until July 1, 1993. This will require the completion of the constructed wetlands facility plan addendum, Council acceptance of FP, Brown and Caldwell inclusion in overall facilities plan, adoption of.preferred alternative by Council, completion of facility plan by B&C and submission to DEO by July 1, 1993-a very fast track time framel Decision on whether interviews will be required will be held over until next meeting. Reynolds noted that CWSC should carefully look at similar projects listed by consultants and see if they were comparable including climate, soils and topography. A wetlands that works in the Willamette Valley would not necessarily work in the semi- arid climate of Ashland. Reynolds stated that actual recommendations are needed, not just evaluation studies. The evaluation format was altered by removing location of firm and site visit evaluation categories because all were in Oregon and had first hand information of the project. A section was added for"Implemented Projects" with a point range of 0-20 based on Van De Pol's recommendation. Points for SOSC use was reduced from 10 to 5 points.. Format was approved by CWSC. CWSC discussed method of checking references. Hall was asked to do checks and provide CWSC with a summary of references for the next CWSC meeting. cwsc Minutes Page 3 Next meeting will be review of individual ratings, selection of preferred consultants and discussion of next step in process (e.g. interviews, etc.). Reynolds indicated he may have a conflict with the next meeting time. If so, he will submit written comments. Next meeting Monday, December 28, 1992, 3:30 p.m., Jury Room Submitted by: Steven M. Hall, P.E. r City of Ashland Department of Public Works Constructed Wetlands Selection Committee (CWSC) Minutes 12/28/92 The second meeting of CWSC was held in the Jury Room on Monday, December 28, 1992 at 3:30 p.m. In attendance were ; Eric Dittmer, past Rogue Valley Council Of Governments Water Quality Coordinator; Jerry MacLeod, Oregon Department of Fish and Wildlife; Wes Reynolds, Ashland Parks and Recreation Commission; Klass Van De Pol, Ashland Wetlands Coalition and League of Women Voters; Greg Williams, City Council Laison; Pam Barlow and Steve Hall, city staff. Hollis Cannon, Talent Iffigation District was absent due to schedule constraints. Discussion of critical time frame for consultant selection was discussed. Hall outlined a rough schedule of events as indicated on the attached schedule. Discussion of the need to have the selected consultant giving specific recommendations and a statement that °this will work° and °these will be the results". Construction costs need to be site specific. Hall noted that was covered in the request for proposal, but is an issue that should be explored in detail during the interviews. Van De Pol noted that only two of the proposals (Woodward-Clyde and CH'M-Hill noted specifically that they would seek feedback from Brown and Caldwell. This was a requirement of the request for proposals. Dittmer suggested that CWSC investigate whether the preferred firm had worked with Brown and Caldwell in the past-seek possible conflicts out. He also noted that Kramer, Chin and Mayo had not discussed how they would do the site evaluation for the constructed wetlands. After discussion, Williams moved that the firms of Cascade Earth Sciences with James Montgomery and Kramer, Chin and Mayo, Inc. be eliminated from further consideration by CWSC because of their limited experience in constructed wetlands. Motion carried unanimously. Williams said he favored Woodward-Clyde because of Dr. Gearhart and his reputation. Reynolds said he favored CH2M-Hill because the project manager was a biologist which was extremely important in the analysis of constructed wetlands. Reynolds recommended that interviews be set with CH2M-Hill and Woodward-Clyde. Dittmer noted that CH'M-Hill's proposal indicated more studies than requested for upstream nutrient sources and background levels. He also noted that this would be needed if Ashland were to challenge the background levels established by DEQ. Cwsc Minutes Page 2 Van De Pol noted that Richard Hart is doing water quality testing for Headwaters under the guidlines approved for DEG in the upper reaches of Bear Creek. Dittmer noted that CWSC would have to establish if CH2M-Hill could complete the study in 4 or 4.5 months rather than the 5 or 6 months noted in their proposal. Discussion of a date for Interviews with CH2M-Hill and Woodward-Clyde. Set for Monday, January 4, 1993, 9:00 a.m. to Noon In the Council Chambers. Meeting would be closed to consultants, CWSC and staff. Each consultant would be allowed a 15 minute presentation with 45 minutes of questions from CWSC. After the two interviews, CWSC will discuss results of interviews and formulate a recommendation to the City Council. Intent of CWSC is to make a recommendation to City Council at the January 5, 1993 meeting. CWSC formulated the following questions to use during the interviews. Questions are to be confidential until interview time so consultants will have to "think on their feet". 1. Can you complete the project In four months? 2. How do you plan on coordinating your work with Brown and Caldwell? 3. Describe your working relationship with DEQ.. 4. Discuss in detail how you plan to develop the specific site information and analysis. 5. Discuss how effective constructed wetlands are in removing phosphates. 6. How will you determine if the passive treatment process will work and meet DEG standards? 7. What is the roll of each of your proposed staff. In particular, what is the roll of the project manager. 8. Based on your knowlege, what is your rough estimate of the acreage of a constructed wetland will required? 9. Do you include a public workshop in your proposal in addition to a public hearing at the end of the process? 10. What type of recreational uses do you envision? How will you evaluate those uses? .Would the uses be compatible with U.S. Land and Conservation grant regulations? 11. When a constructed wetlands becomes "saturated" with phosphorous, how do you envision the harvesting process being accomplished?. 12. A critical period of time for Ashland is after the Talent Irrigation District stops flowing irrigation water (normally mid to late September) and the time when DEG summer discharge standards end (November 30). Do you have some specific recommendations on how to deal with that period of time? 13. If your testing and evaluation of upstream waters and soils reveals a different background level than established by DEG, how would you convince DEG that your results are more relevant than theirs? 14. Addition questions may be posed by CWSC to clarity previous questions or to delve into other specific areas to clarify concers of CWSC members. cwsc Minutes Page 3 15. Address the impact of the constructed wetland on fish habitat, in particular as it affects stream temperature and flows in Bear Creek. Next meeting Monday, January 4, 1993, 9:00 a.m. to noon, Council Chambers. Note: Sandwiches and refreshments will be provided for CWSC and staff. .Submitted by: Steven M. Hall, P.E. CITY OF ASHLAND DEPARTMENT OF PUBLIC WORKS CONSTRUCTED WETLANDS TENTATIVE SCHEDULE 12/29/92 EVENT TIME DUE DATE REGUIRED Final Facility Plan due to DEG 07/01/93 Brown & Caldwell prepare final facility plan 2 weeks 06/18/93 City Council select preferred option for facility plan 06/01/93 Brown & Caldwell prepare facility plan changes required to 3 weeks 05/11/93 meet discharge standards to constructed wetlands City Council accept constructed wetlands facility plan 05/04/93 addendum Consultant prepare constructed wetlands facility plan 15.5 weeks 04/30/93 addendum Negotiate contract with preferred consultant for constructed 10 days 01/14/93 wetlands facilities plan addendum City Council accept recommendation from Constructed 01/04/93 Wetlands Selection Committee and authorize city administrator to negotiate and sign a contract with preferred consultant for constructed wetlands facilities plan addendum Constructed Wetlands Selection Committee interview top two 01/04/94 consultants and prepare recommendation to City Council Second Constructed Wetlands Selection Committee meeting 12/28/92 First Constructed Wetlands Selection Committee meeting 12/21/92 Mayor appointed Constructed Wetlands Selection Committee 12/15/92 Proposals from Consultants cutoff date 1 month 12/11/92 Request for proposals completed/advertized 11/09/92 Council directed staff to prepare request for proposals for 11/03/92 selection of consultant for constructed wetlands addendum to the facilities plan NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Ashland City Council will hold a public hearing on Tuesday, January, 5, 1993, at 7:30 P.M. in the Council Chambers, 1175 E. Main Street, regarding the following: P.A. 92-094, request for zoning ordinance text change to allow recreational vehicle parks as a Conditional Use in the E-1 zone. Application involves concurrent request for conditional use permit to allow location of a recreational vehicle park at South end of Clover Lane. Assessor's Map 14 , Tax Lots 703 , 900, 1000, 1100. (Applicant: Rudolph J. Wertepney) P.A. 92-148, request for modification of Policy X-3-h of Comprehensive Plan (Transportation Element - Street Dedications and Design) to encourage interconnected street networks while not encouraging through traffic. (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 Wednesday, December 30, 1992 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 26, 1992 PUBLIC NOTICE NOTICE IS HEREBY GIVEN that pursuant to Article X Section 2 (c) of the Ashland City Charter, that the Ashland City Council will meet on January 5, 1993 at 7: 30 P.M. in the Civic Center Council Chambers, 1175 E. Main Street, to consider the first reading by title only of the following: 1. An ordinance completely revising the local improvement and special assessment chapter and deleting the sidewalk assessments chapter of the Ashland Municipal Code. 2 . An ordinance of the City of Ashland adding a new Chapter 13 . 24 to the Ashland Municipal Code relative to newsrack placement. 3 . An ordinance amending Ordinance No. 2258 as amended by Ordinance Nos. 2415 and 2536, concerning the franchise with TCI Cablevision of Oregon. NOTICE IS FURTHER GIVEN that copies of the foregoing ordinance have been furnished to. members of the City Council seven (7) days prior to the foregoing Council meeting, and three (3) copies placed on file in the office of the City Recorder for public inspection during business hours. Nan E. Franklin City Recorder PUBLISH: Daily Tidings December 2,e, 1992 2p Pma ran dnm �REGO., February 12 , 1993 X110. Mayor & City Council n ?IIrom: Brian L. Almquist, City Administrator ,$jubjrrt: TCI Franchise Amendment Our current franchise with TCI, which expires in 2003, provides that our rates are to be maintained at the average of the rates in the Rogue Valley. The committee which negotiated the franchise specifically did not want to deal with rate review, and the Council concurred. Although our franchise is clear on the matter, the new cable act allows the Council to re-assert its right to regulate rates. My view is that we entered into our existing franchise in good faith and we should honor that commitment through its term, especially in light of the favorable concessions we obtained at that time from the cable company. In return for their agreement to implement the PEG access fee, TCI has requested that this be clarified in the amendment to the franchise, and thus I will need to read Section 2 prior to final adoption. (d:k000ci)\ord93\mipeg.M=) i