HomeMy WebLinkAbout1993-0119 Council Mtg PACKET ImI2 ortant: 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 19, 1993
I. PLEDGE OF ALLEGIANCE: 7:30 P.M., Civic Center Council Chambers
Il. ROLL CALL
III. APPROVAL OF MINUTES: Regular Meeting of January 5, 1993.
IV. CONSENT AGENDA:
1. Departmental Reports.
2. Memo from Fire Chief concerning ISO insurance grading.
3. Snow and water report by Director of Public Works.
4. Memo from Dir. of Public Works announcing public workshop regarding wetlands
on January 28 at 7:00 P.M. in the Council Chambers.
5. Memo from Dir. of Public Works requesting special meeting of City Council on
February 23 for public hearing concerning Airport Master Plan.
6. Memo from Energy Conservation Coordinator concerning new residential
construction data for 1992.
7. Memo from City Attorney relative to reporting the reimbursement of travel
/ expenses exceeding $100.
l� s�> V. PUBLIC HEARINGS: (Must conclude by 9:30 P.M.)
y3-0� 1. Supplemental Budget for 1992-93 and Resolution approving budget.
VI. UNFINISHED BUSINESS:
1. Proposals from Ashland Parks & Recreation Commission and Chamber of
� � a) Commerce concerning proposed Ballot Measure for March 23, regarding funding
\ for park land acquisition.
2. Request by Joan Jackson, Ashland Substance Abuse Prevention Partnership, to
address Council on status of school Drug Free Zone signage.
VII. NEW & MISCELLANEOUS BUSINESS:
1. Funding requests totalling $53,200 by Transportation Planning Advisory
r -✓`' Committee for alternative transportation projects.
2. Letter from Steve Johnson, 530 Dogwood Way, requesting refund of filing fees,
costs of architectural changes and attorney fees for variance application denied
by Planning Commission and City Council.
i
3. Request by Friends of Ashland to address Council on status of lawsuit and future
goals.
,V X/4. Adoption of Findings of Fact and Order approving Hospital Master Plan.
Y4,A15. Adoption of Findings of Fact and Order denying P.A. No. 92-094, a request for a
zoning ordinance text change to allow RV parks as a conditional use in the E-1
zone. (Rudolph J. Wertepney)
6. Request by Ashland Historic Commission to endorse nomination of Pioneer
Cemeteries to the National Register of Historic Places.
7. Water conservation program update by Conservation Coordinator Dick
Wanderscheid.
(8. Memo from Councilor Arnold relative to Bikeway project.
VIII. PUBLIC FORUM: Business from the audience not included on the agenda.
(Limited to 3 min. per speaker and 15 min. total)
IX. ORDINANCES. RESOLUTIONS & CONTRACTS:
1. 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.
2. 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.
. First reading of an ordinance modifying Policy X-3-h of the Ashland
Comprehensive Plan (Transportation Element - Street Dedications and Design) to
encourage interconnected street networks and discourage cul-de-sac or dead-
end street development (P.A. 92-148).
4. First reading of 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.
5. First reading of an ordinance adopting the Hospital Master Plan as a sub-area
development plan of the Ashland Comprehensive Plan (P.A. No. 92-048).
6. Reading by title only of "A Resolution of intention to provide for improvements on
n� u�3,o3 that portion of the Southern Pacific Transportation Company property where the
R proposed railroad village subdivision will be developed".
7. Reading by title only of "A Resolution authorizing and ordering the development
of local improvements to the railroad village subdivision and authorizing the
p assessment of the cost of the improvements against property to be benefitted,
a� and providing that warrants for the cost of the improvement be general
obligations of the City of Ashland".
/ . Resolution authorizing purchase of property by Ashland Community Hospital
Board.
9. Authorization for Mayor and Recorder to sign Environmental Education and
Conservation Agreement between the Ashland School District and City of
Ashland Electric Utility.
X. OTHER BUSINESS FROM COUNCIL MEMBERS
XI. ADJOURNMENT
K\counciRaponda)
MINUTES OF THE REGULAR MEETING
ASHLAND CITY COUNCIL
JANUARY 5, 1993
SWEARING IN OF ELECTED OFFICIALS: Municipal Judge Allen Drescher
swore in the following officials to- terms ending December 31, 1996.
Mayor Catherine Golden, Councilor Stephen Hauck, Councilor Don Laws,
Councilor Rob Winthrop, Park Commissioner Teri Coppedge, and Park
Commissioner Patricia Adams.
ROLL CALL: Mayor Golden called the meeting to order and Led the
Pledge of Allegiance at 7:45 P.M. on the above date in the Council
Chambers. Laws, Reid, Hauck, Acklin, Winthrop, and Arnold were
present.
APPROVAL OF MINUTES: The minutes of the Regular Meeting of December
15, 1992 were approved as presented.
MAYOR'S ANNUAL ADDRESS: Mayor Golden highlighted the accomplishments
of the City Departments, Citizen groups and Council during 1992.
(Attached and made a part of the record)
CONSENT AGENDA: Acklin moved approval of the following items: 1)
Minutes of Boards, Commissions 6 Committees; 2) Monthly Departmental
Reports; and 3) Electric rate forecast by City Administrator. Hauck
seconded and the motion carried on voice vote.
Martin Luther Ring, Jr. Day Celebration. Arnold told of the program
"Living The Dream, Let Freedom Ring" to be held on January 18 at Noon
in the Britt Ballroom, SOSC. Sharif Abdullah is the featured speaker.
Newsrack Ordinance. Arnold moved to postpone discussion of Item 3
under ORDINANCES. . . until the next meeting in order to try and resolve
issues brought forth by newsrack users. Laws seconded, all AYES on
voice vote. .
Assessment Ordinance. Reid moved to postpone discussion of Item 2
under ORDINANCES. . . in order to discuss it at a meeting which will
provide more time for citizen input. Hauck seconded, all AYES on
voice vote.
PUBLIC HEARINGS: P.A. 92-048, Recreational Vehicle Parks (Rudolph J.
Aertepney, Applicant) Acting Planning Dir. John McLaughlin said the
record is included in the Council packets and a small photo album
submitted by Joann Johns was passed around for viewing by the Council
and made a part of the record. The request is for a zoning ordinance
text change to allow recreational vehicle parks as a Conditional Use
in the E-1 zone and request for a C.U. permit to allow a park at the
South end of Clover Lane. The criteria for approval was read and
McLaughlin said the Planning Commission is recommending denial of the
application based on the low employment opportunities which would be
generated by this type of use. The public hearing was opened and Rudy
Regular Meeting - Ashland City Council - Jan. 5, 1993 - Page 1
Wertepney, Applicant, said the park would be beneficial to other area
businesses and would generate revenue through the Transient Occupancy
Tax. Laurie Bixby, 571 Oak Hill Circle, is concerned with traffic
congestion, air pollution, littering, late night noise, and the
limited E-1 lands within the City. Otto Frohnmayer, 1656 Spring St. ,
Medford, gave the history of the Oak Knoll area as a residential use,
and spoke in opposition to the application. Joann Johns, 650 Spring
Creek Drive, spoke in opposition. Lynn Wallis, 640 Spring Creek Dr. ,
agrees with comments made by Bixby and is opposed. There being no
further comment from the audience, the public hearing was closed. On
a question from Reid concerning County zoning, McLaughlin said they
are a conditional use on open space reserve lands, and Arnold said
. they are also a conditional use in interstate commercial zones.
Winthrop said this is not a wise use of E-1 land and moved to deny
Planning Action No. 92-094 and direct Staff to prepare Findings.
Arnold seconded and the motion passed unanimously on roll call vote.
P.A. 92-148, Street Design and Dedication (City of Ashland,
Applicant) . The application is a request for modification of Policy
X-3-h of the Comprehensive Plan to encourage interconnected street
networks while not encouraging through traffic. McLaughlin said our
current policy is not in line with current practice and staff is
recommending a language change as shown on page 4 of the record. Reid
moved to direct Staff to bring back implementing ordinances, Arnold
seconded, all YES on roll call vote.
UNFINISHED BUSINESS: Open Space. Laws moved to place only one
proposal on the March 23rd ballot, Winthrop seconded, all YES on roll
call vote. Arnold moved to allow 15 minutes for comments on each
proposal, Reid seconded, all AYES on voice vote. Golden proposed that
the prepared food and beverage tax (if that proposal is approved by
Council) be raised to 5% with 1% dedicated to open space program and
4% for the Wastewater Treatment Plant Facilities Project. Michael
Donovan, 1120 Beswick Way, said there are 82 restaurants in Ashland
(not 127 as previously stated by the Parks Dir. ) , and sales taxes are
inefficient and not popular in Oregon. He recommended a parking lot
fee for the Hargadine and Pioneer/Lithia Way parking lots during the
six-month peak season, to either replace the property tax element or
retain both and generate additional funds. Michael Gibbs, 35 S. 2nd
St. , will fight a prepared food and beverage tax. Ken Mickelsen,
Parks & Rec. Dir. , said Donovan is correct regarding the number of
restaurants in the city limits, and believes the Park Commission's
previously submitted figures as to revenue generated by the tax are
conservative. He said the only way to find out what those figures
actually are is to implement the tax. Gary Schrodt, 681 Liberty St. ,
said 5% F&B tax makes more sense than raising utility rates. Teri
Coppedge, 2927 Barbara St. , Parks Commissioner, said citizens already
pay for development of parks through property taxes and the 1% (not
5%) F&B tax should be placed on the ballot. Reid would like to
explore the parking lot fee concept. Winthrop said the downtown plan
included free parking in order to make Ashland businesses more
competitive with the Mall. Acklin would like to explore the parking
Regular Meeting - Ashland City Council - Jan. 5, 1993 - Page 2
lot fee idea, and feels the Parks Proposal is the most divisive, and
the 5% F&B tax proposal has not been thoroughly discussed. Arnold
said a fee on all parking lots would generate an estimated
$160, 000/year, does not have to be submitted to the voters, and makes
more sense than a sales tax burden on one type of business. Almquist
said it. is not cost-effective to put gates on the smaller parking
lots. Hauck expressed concern about the growth factor and Arnold said
the Council can raise the parking lot fees if necessary. After
further discussion, Laws moved to postpone action on this issue until
January 19 and request Staff to prepare an ordinance and ballot
measure to include the parking lot fee element. Arnold seconded, all
YES on roll call vote.
NEW & MISCELLANEOUS BUSINESS: (Moved forward) Wetlands Study
Consultant Recommendation. Greg Williams, 744 Helman St. , . former
Council Liaison to the WWTP TMDL Committee and member of the
Constructed Wetlands Selection Committee, said the latter Committee is
recommending the team of Woodward-Clyde Consultants, Hydro-Resources
International, and Westech Engineering, which they feel are the most
innovative of the firms which submitted proposals. Acklin moved to
authorize the City Administrator to sign a professional services
contract with Woodward-Clyde based on their proposal. Arnold seconded
and the motion carried on voice vote.
UNFINISHED BUSINESS: Adopt Findings P.A. 92-104 (Forest St.
Dedication) (Ordinance not read) Winthrop moved to adopt the
Findings, Conclusions & Orders, Reid seconded, all YES on roll call
vote. Hauck then withdrew his vote, even though he had reviewed the
record.
NEW & MISCELLANEOUS BUSINESS: B.P.A. Presentation. Bob Laffel, BPA,
formally announced the re-opening of the environmental process for
proposed substation sites through January 29, 1993 , after which time
an open house will be held showing proposed sites and accepting public
input. Acklin and Winthrop thanked BPA for their attendance and
forbearance. Linda Redding, 31 Garfield St. , spoke as a
representative for several area residents who are in opposition to
siting the substation on City property on E. Main St.
WWTP Process. Hall said the time frame is short for the wetlands
consultant and he may be requesting special Council meetings.
Sewer System Connections. Hall reviewed his revised memo of December
30th, and the restrictions contained therein, should Council endorse
this policy. Acklin is comfortable with the restrictions and Laws
moved to direct Staff to prepare implementing ordinances. Acklin
seconded, and on a question from Winthrop, Hall said monthly fees
could be charged in-lieu of taxes. The motion passed unanimously on
roll call vote.
TPAC/WWTP TMDL Representation. TPAC representatives will be
Laws/Golden; WWTP TMDL will be Winthrop with Laws as back-up.
Regular Meeting - Ashland City Council - Jan. 5, 1993 - Page 3
City Admin. Monthly Report - Dec. 1992. Information only.
Council Liaison Assignments. As follows: Acklin: Historic
Commission, Hospital Board, Band Board, Chamber Business Facilitating .
Committee; Arnold: Bicycle Commission, Traffic Safety Commission;
Laws: Planning Commission, Street Tree Commission, Transportation Plan
Advisory Committee; Reid: Bear Creek Greenway Committee, Recycling
Task Force; Hauck: Airport Commission, Senior Program, RVCOG
Alternate; Winthrop: RVCOG, Parks Commission, WWTP TMDL Committee;
Golden: Chamber Board, TPAC.
PUBLIC FORUM: Steven Boyd, Lithiagraph, asked about the Newsrack
Ordinance and was told it was postponed until the next meeting.
ORDINANCES. RESOLUTIONS & CONTRACTS: Bicycle Parking. 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. Laws moved adoption, Reid
seconded, all YES on roll call vote. (Ord. 2697)
Assessment Ordinance. Postponed.
Newsrack Ordinance. Postponed.
OTHER BUSINESS FROM COUNCIL MEMBERS: Reid said she may not be able to
attend the January 19 meeting. Conference Call. Laws moved to place
this item on the .agenda, Reid seconded, all AYES on voice vote. Nolte
explained that the call was concerning a Federal Judge's proposed
resolution in the matter involving the City, OSFA, and the
Thormahlens. Arnold moved to approve such resolution, Hauck seconded,
all 'AYES on voice vote.
ADJOURNMENT: The meeting adjourned at 10: 45 P.M.
Nan E. Franklin Catherine M. Golden
City Recorder Mayor
(d:Vnin%1-5-93)
Regular Meeting - Ashland City Council - Jan. 5, 1993 - Page 4
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PROCLAMATION
r II
i sr
tlil I; "FREE ENTERPRISE WEEK" I11
3 ill n -• i l '
WHEREAS, the citizens of Ashland are informed of the economic principle of
in
6jE free enterprise; and I. l
p WHEREAS, free enterprise has caused the competitiveness of our economy to
grow, which in turn has caused numerous technological advances
for our nation; and
_s WHEREAS, the idea of the economic system has remained the same over the
past 200 years; and
/G 'qi Fit
WHEREAS, the Distributive Education Club of Ashland High School and the City ((+j,,(
of Ashland will recognize the week of January 24 - 30 as Free `t
Enterprise Week every year; and
?fnC� WHEREAS, free enterprise does not discriminate and offers unlimited
opportunities to anyone willin to take advantage of its vast and ra
numerous contributions.
ti .A• ... jr r,
.,. t.
NOW THEREFORE; We, the Mayor and City Council of the City of Ashland, do
hereby declare the days between January 24 - 30, 1993 to be: , "•"
"FREE ENTERPRISE WEEK" `
?�/�) in the City of Ashland. µ {ilii3
Dated this 19th day of Ja- nuarv, 1993.
` 111! Catherine M.
Golden •�IJr,:,:
Mayor
's9 Y.: VI 'Y•
PS ..6N>••�
` Nan E. Franklin J'
`►ilk ' City Recorder
k;arj)1•� (d:kpoldan�procs\ireentr.He)
tar,tirf� a
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' lu`4 t. •fm\ nx�. �" nub: q ./ r'4. � �/ '""..,� {A �\ � --:R
ASHLAND POLICE DEPARTMENT
Monthly Activities for December, 1993
INVESTIGATIONS
During the month of December the Detective Division was called upon to assist with security at the
Ashland Hills Inn during a fur show. Information was received at the Police Department that a
demonstration may occur by a group concerned about animal rights. No problems arose and all -
went smoothly.
Two motor vehicle theft cases were solved with the recovery of both cars and subsequent arrest of-
two subjects.
A burglary in the Mill Pond Subdivision resulted in arrest and subsequent recovery of several
thousands of dollars in property. Several cases were solved with the arrest of this subject.
PATROL
Training
Officer Cunningham attended a seminar in Grants Pass concerning warrantless searches.
On December 7& 8 fifteen department personnel participated in a strategic planning seminar. .
During the two day session the staff personnel developed a list of 23 action items. Each of these
were assigned to various people who will be responsible for developing a plan to address the issue.
This training session was very productive and will benefit the department, personnel and City in the
end.
Sgt Bianca also attended a one day meeting in Portland. The topic discussed was community
response to and the prevention of hate crimes.
Swing Shift processed 5 cases involving acts of criminal mischief, arson and theft stemming from a
small group of unsupervised juveniles, from a specific neighborhood, during the holiday season.
CRIME PREVENTION
No report this month.
POLICE RESERVE
Training- 84 hours
Patrol - 111 hours
Meeting - 20 hours
Special Assignment 7..67.5 hours
Total - 282.5 hours
The reserves volunteered almost 3100 hours for the year 1992 in various capacities and this is
projected to increase as more Reserves become certified to "sold:
The December Reserve meeting discussed joint training ventures with Talent PD as well as the
Rogue Valley Reserve Academy.
EXPLORERS
No report this month.
COMMUNITY SERVICE VOLUNTEERS
Number of volunteers reporting 49
Number of days worked 372
Number of hours worked' 1219
PARKING
No report this month.
COMMUNICATIONSMECORDS
The Communications division received 3,606 phone calls, 490 were 911 calls.
Police Cases 602
Medical Runs 46
Fire Runs 19
Ashland Life Support Runs 66
The Ashland Police Department received a total of 6,606 calls for the month of December.
CODE COMPLIANCE OFFICER
No report this month
2
ASHi.611D POLICE DEFAFTTIEHT JAN / 1 /- °LC1O01R
CR=ATED: .� ['.OI;=0LIDATEO It?CIDElIT REPORT � �/nt
11103 '.0:1?:24 OECEHDEF, !792 (��2UlC!( <JOldf ��
2 .iC DAD
cLASziFICt:ITOR r REPORTED OFFENSES : CASES CLEARED + + CLEGRENCE RF.TCS OF d R 9T CHArCEa
CF Q`F6'dSES �iCTL'AI. A.CTOAL ACTUAL S. CHA!:OE n
TN13 THIS LAST YEAR TD THIS TH13 L9ST THIS THIS LAST THIS "08TH YEAR TO DATE
HOHTH YTD YTD PATE it0l;TH YTO YTD 11011TH YT6 YTD JH'J ADOL .TOTAL JUY :AULT
FOT I
CR'VN HAL HO'IICIDE
ti:'RBE;
11C!;9LA?!2H1ER
ARE 1 c 3 + 115 4 4 4';.4 `_•n 4% ' e
R[lDDERV 1 15 3 , crn.;
ASHLAtiP POLICE DEPARTNEHT P1.11001F.
uc ,Tg�; CCP.SBLiDrTED IMC IPE'r.'T REPORT
1111193 10:12:"-§ CECE%DER 15542
CLA.351FI CAT I8;1 r 7,EPOF,TED OFFEycE3 c . CASES CLEFRED f f CLEAF.EIICE RATES f k W. OF ARRE51 CHARGES f
OF OFrr'F32S ACTUAL ACTUAL ACTUAL % CHIM-SE
TPI9 T;;!3 LAST YEAR TO THIS THIS LAST THIS 1413 LAST THIS MONTH YEAR TO DATE
NUFITH YID YTD DATE MU;ITH YTD YTO MONTH YTD YTD JUV ADULT TOTAL 3 U ADULT
FART IIi
TUNC
11Ii s RUM 12 S88 144 + 216 'l ! 16 20 3.3% 3.54 133% 1 1 ? 3 14
REC11FFS DFI''i 3 (0 20.0 '4 6 62.`.•% 0.0%
i 1 1 9
KUDI'r- 1 4 1 + 31:;1.0 % i 3 ( 100..^•% 7`.'.'17, 10W 1 1 2 1 3
_J� �L:
. rn Out SUSP 4 E9 26 9 I L' 6 � 00.0' 31 .
[: + 1 .4 7 4 2.. .(I.DS 4".3. 1 4v 4
FT BAP NY L:C 1
TRAP, AC:.-FATAL 2 2 i 505%
TRAFF ACC.-IWUR'r 5 BE 63 t 3'•.7 6 6 6,BA 9,5%
TF.AFF ACC-PRr DAM EE 239 EN 5.7 %. ? 7 4;i 3.I%
PI31 f- GAME
tPARVIE VIOLA71015 .
RLESAL ALIVI
CUFTOOY 3 1 33.3% 1
HARHP ITS _ 31 02 - WE „ 2 25' 32 HAN 73.5; 10101 3 3 3 39
1114 "ECV=D-OT;!ER 1^ P 5 - 66.7 n 1 10.?.
Pc,^,P P.ECJi?D OTHEP: 1 1 4 - 75.0 %
S"' " 4 69 12 VA.0" 101.9X 5 5 15 it
MI551IIG PER55R6 1 5 `s
SUDDEN DB;THIDUD'i 2 '0 1? 47.4 7,
30.1CIDE-P71 12 10 + 27.7 5
PTHEP ACCIDEWS 2 - 100A 'r.
ANpm FP:mms 329 2"*4 Ad % u 6 101 2:0%
PROPERTY LIF!C eS 351 349 + 2.9 i. l 37
ANNOG<ED "'1"O 20 E?3 . 231 242 S 6 2.51
LCCATE Q?ILY A?:FO
'pP^,•LRtD Aor, 34
kS3SF. F:{7L:ER''A 73 947 7A a 223
3%
7!M28T1• PRDZ!.ef' 5 E1 5.7 + SEA
., 22 131 - 37A
-'.'SP PER CI C 41 135 509 + 21.8 7
LcLtr -1rFI,' 0 60 54 + '1.1 %,
D;.STP€MTElNTIE 37 'i4 tsu t S.8 % 3
Siff: CARED FOR 9 Flo "141 it 3e.9 S 1 J7
ANTE ATTWI'IE3
TRAF r, n n" T5 447 241.. 34.7
_.Vii. �ON''L!=EtiiS 1 32 40 - 17, .
EH
PINGS"10
Ams
F 3.i SE IF 183 :",8 i 7,6 '1 1 `'%
ACCIDEIVA! 19 10 99A 7
FART 2 7 5 ! 47.0 %
OTHER 1 3 01
ASEL T 96 OFFICERS ! 3 - 65.7 % ! 3 100.07 100.!1%
OTHE6 tGSC 63 52 + 1.2 Y 1 2 1.2% 2.4%
PET 1H T„TG'_ 358 5134 4609 + 1 2.7 % 12 154 238 3.45 31% 521 3 14 17 22 159
G;:•.'D 7 OTAL 614 8433 7712 + 4.3 % 110 1271 14E4 17.9% 15.4;{ 18.5:4 27 119 148 102 1242
-
�` _ � Prttarttn � �txn
�RfGO�,• January 11, 1993
�{ Mayor and City Council
V1 Q.
r
ram Steven M. Hall, Director of Public Works
�
Monthly Reports
�1t�IjEtt:
Enclosed are the monthly reports for the Public Works department
for the month of December, 1992 .
Snni MTVA.OM.�
Enclosures
Water Quality
Monthly Report
December, 1992
Water:
Repaired 5 leaks in City owned water mains.
Poured a new concrete truss block on the water main that burst
on Granite St.
Repaired 6 leaks in customer service and or meter.
Changed out 12 3/4" water meters and one 2" meter.
Installed 10 new water meters with handvalves.
Installed 4 customer handvalves.
Relocated one fire hydrant.
Installed one new fire hydrant.
Split one existing water service into two for a duplex.
Installed 2 3/4" water services.
Installed two sets of meter boxes on Mallard St.
Replaced two broken angle stops.
Lowered two existing water service on upper Terrace.
Pressure tested new 24" line on Granite Street.
Chlorinated and put into service new water main at Winburn Way.
Made new 6" tap for new main on Hwy 66.
Sewer:
Bored new sewer across East Main below Hwy 66.
Installed 4 new 4" sewer laterals.
Repaired 2 sewer laterals.
Responded to 3 service calls.
Jet rodded 21,589 feet of City sewer mains using 64, 500 gallons
of water.
Used mechanical rodder on 3850 feet of City mains.
TV'ed 955 feet of city mains.
Miscellaneous:
There were 211 requests for Utility locate calls.
There was 63.04 million gallons of water treated at the Water
Treatment Plant and 53 .4 million gallons of water treated at the
Waste Water Treatment Plant.
Used 55 yards of 3/4" minus rock at various jobsites.
ENGINEERING DIVSISION
REPORT
FOR DECEMBER 1992
1. Issued 28 street and alley excavation permits
2. Issued 6 miscellaneous construction permits
3. Issued 5 address changes or assignments
4. Responded to 10 certificate of occupancy reviews
5: Performed field and office checks on 8 land partition plats
6. Performed field and office checks on 2 subdivision plats
7. Two staff members attended the annual PLSO meeting
8. Two staff members attended an Oregon Land Law seminar
9. Revised plan of pump mount base for use at the filter plant
10. Prepared estimate for improvement under LID for the Railroad Subdivision
11. Performed the following work on the N.W. Area Waterline project:
a. conducted final inspection and project walk-through
b. processed final payment
C. issued final notice of acceptance
12. Updated street,moratorium list
13. Notified the Oregon P.U.C. of work completed on the rail crossings in the City
14. Researched sewer.easement to be prepared on the Tolman Creek Plaza Property
15. Acquired O.S.H.D. permits on Highway 66
16. Performed the following work on the Tolman Creek Road Signal Project
a. contacted utiltiy companies re: pole locations
b. approved material submittals
17. Completed annual report to O.S.H.D. on City street mileage
18. Notified 0.S.H.D. of changes in city.map
7 January 1993
Engineering Division Report for December 1992
Page 2
19. Performed the following work on the 1992 Miscellaneous Concrete Project:
a. notified First St. property owners of impending work
b. opened bids and prepared bid reports
20. Performed the following work on the Digester Repair Project:
a. inspected work performed by contractor
b. processed progress payment
C. processed contract change order
21. Operated traffic counters at several locations
22. Inspected work on the following subdivisions:
a. Poplar Place Subdivision
b. Sunnyview Subdivision
C. Terrace Pines Subdivision
23. Updated City street index map
24. Contracted several firms regarding providing scanning services for tax lot base map
25. Performed the following work on the Lithia Springs Boundary Survey:
a. set remaining property corners
b. researched property lines along the east boundary
C. revised survey map
d. staked location of fence line to be established along south boundary
1HO:nlsnffrVA=
i
____7. 5uLu..Uur: 19V'_' 1(ujjui-L
SWEEPER:
_-Swapt-430 miles.
Collected 290 yard, of debris.
Responded to ql.utility location requests.
Graded several streets and allays.
_—.
Patched potholes and !sunken services.
Raised a manhole on E. Her,�oy in conjunction with Paving project.
Repaired a washed out alley above Ashland St. between Beach and Liberty.
Repaired a wast, out on Euroko at Emorick.
Repaired a wash out on Glenview above liillcrust.
Plowed snow and sanded for several days.
Repaired washed out shouldej!; on E. Hersey St. .
Repaired the top of Alta below Grandview duo to a truck
Patched a new storm drain cross-over at 5th and B Sts. .
accident.
Began hauling off sweeper pile: 120 yards.
Repaired a washed Out alley off Pine St..
SIGNS:
Repaired street sign at Van Neel and Skidmore.
Completed R/R crossing painting and signing at Hersey and Laurel.
Replaced 2 advance warning R/R crossing signs with reflective, high
intensity signs in conjunction with PLC inspection.
Replaced sign post for stop ahead sign an Morton above Forest.
Repaired atreL-L sign o;i GrLshaw at Siskiyou.
Removed !'SPECIAL• parking sign ftu'll IQO Union St.. Person is now
deceased.
Removed old street sign post from, Ray Ln. and Hwy. 66. Placed street
sign..on top .of atop sign post.
Removed old street sign post from Skidmore and No. Main. Placed street
sign on top of stop sign post.
Made. up 4 sign= for tho Electric Dupt..
STORM DRAINS:
—,.Flushed..and/or rodded several storm drain systems.
Cleaned catch basins for several days due to heavy rains.
Formed and poured (concrete) new Latch basin for new cross-over at 5th
and 5 SLs..
Removed forms from new catch basin at 5th and B Sts. and back-filled
with slurry.
Re-poured curb behind new catch basin at 5th and B.Sts.
Saw-cut. pavemont on 1st Street from A to B, across B, and across 1st
above 8 St. for future stores drain project.
Exposed pipes at the YMCA-City park on Tolman Cr. Rd. duo to flooding.
Plans are to install 4, manhole to tie all the storm drains together.
Installed a clean-cut in the storm drain on Mae St. west of Faith Ave.
for better maintenance.
Formed curb and gutter behind new catch basin on Winburn Way.
Poured back curb and gutter on Winburn Way behind new catch basin.
Removed the forms the next day and Patched with cold mix.
Formed and poured new catch basin an 2nd and B Sts. . Removed the forms
MISC.g
Cleaned up pipe fitting storage area at B St. yard,
Re-painted-yellow curb an Oregon at Palmer.
Removed and cut up a fallen tree from Ashland Cr. below Hersey St..
Saw-cut several hundred feet of asphalt at the Re-cycle center on
Water, St..
Removed blackberries from the ditch and fron around the Stop and R/R
crossing signs at Laurel and Hersey Sts. .
---Moved-compost bins and cut concratu for fence posts .at the Re=cycla .,
center.
Rigged up 2 more units for snow removal bringing total to 4 units.
Sent 3 employees to G-ouper' schoul in Medford for I day.
4 employees helped distribute food and gifts to City "ADOPTED" Christ-
mas families.
Removed old fence at the cinder yard on Glenview Dr.. Fence will be
replaced with the fence that is being removed from Water St..
Began removing the asphalt at the re-cycle center that we 'had previously
saw-cut.
Helped in shop when needed.
Held monthly safety meeting. Our special guest was. to be Scott Lewis,
weatherman for Channel 12 news. Scott had to cancel due to illness. We
hope to have him for Our January meeting. Mike Broomfield, building
...official was present to explain the Christmas families to us.
* �
,
City of Ashland
Fleet Maintenance
-December 1992 Report
_ "_-2-5-mechanics -completed work on -- 1i6 - - work-order"
for various types of city equipment and vehicles.The divisions and
departments involved are as follows:
----- - -'- - - - - _ .--' -
`
Administration : �
'
0
-_------ Airport:
Building : 1
' Cemetery: 5
Community Service Volunteer ::5 '
Electric : 16
Energy: 1
_--Engineering : 3--
Fire: 11
' Police: 19
.
`
--__P_.W.#1: 0 ._--.
Senior Van : 0
Shop: 1
`
,
-��-----StreetA_--- 33 - -- '- --' -'- - -- _'-------� ~ - --
Warehouse; 3
Waste-Water 4
'
------ -Water:---'- - - --- ' - - 15�-' � —'---'--' ' - -- ------_-
------ -- ----
The emergency generators at City Hal } and the Civic Center were
-�-r---' maoually-tested'weekly.
� P and M certificates issued for the month.
FAILED:
City of Ashland : 28 1
City of Ashland Parks; 10 5
'
7. 2
U.S. Postal Service: 13 1
`
��
ASHLAND FIRE DEPARTMENT
MEMORANDUM
January 14 , 1993
TO Mayor Cathy Golden and City Council
FROM Keith E. Woodley, Fire Chiek,6�
SUBJECT 1992 Emergency Operations Statistical Report
The Ashland Fire Department responded to 916 calls for
service during the 1992 calendar year. This figure represents a
slight increase over 903 calls for the 1991 calendar year. A
specific breakdown for these responses appears as follows:
Type of Call Number of Responses
Emergency Medical 627
Fire 121
* Public Service 53
** Automatic Aid 32
Hazardous Material 20
False Fire Alarms 63
* Public service calls include most non-emergency requests
for assistance. Examples include appliance malfunctions, smoke
detector problems, assistance with non-injury falls of the
elderly, wires arcing and gas leaks.
** Automatic aid calls are responses into the county as part
of a written agreement with Jackson County Fire District No.5.
The total value of all structures, contents 'and vehicles
exposed to fire was $22,738, 300. 00. The total fire loss sustained
by these properties was $566, 096.00. If you wanted to calculate
the total cost of fire within the City of Ashland for the
calendar year, you might approach it in this way:
Annual cost of operating the Fire Department - 1, 512,420
Annual fire losses 566,096
Total cost of fire 2,078,516
Private fire protection measures, such as fire sprinklers, would
not be included as they are required by the state building codes
and could not be avoided even if fires never occurred in the
city.
i
E
CITY OF ASHLAND ITY HALL
ASHLAND, OREGON 91520
telephone (Code 503) 4823211
TO: Honorable Mayor and City Council
CLJ
FROM: I:1 Williams , Director of Electrir: i'tilities
SUBJECT: Electric Department Activities for DECEMBER 1992
THE FOLLOWING IS A CONDENSED REPORT OF THE ELECTRICAL DEPARTMENT
ACTIVITIES FOR DECEMBER 1992 .
INSTALLED 7 NEW UNDERGROUND SERVICES AND 2 NEW OVERHEAD SERVICES.
INSTALLED 1380 FEET OF CONDUIT AND 1405 FEET OF CONDUCTOR.
4 TRANSFORMERS WERE INSTALLED FOR A TOTAL OF 1325 KVA AND 3 WERE
REMOVED FOR A NET GAIN OF 260 KVA ON THE SYSTEM.
RESPONDED TO 137 REQUESTS FOR CABLE LOCATES .
HAD 279 CONNECT ORDERS AND 184 DISCONNECTS FOR A TOTAL OF 463 .
THERE WERE 438 DELINQUENT ACCOUNT NOTICES WORKED AND 68 DELINQUENT
ACCOUNTS WERE DISCONNECTED. I -
FIVE 45 ' POLES WERE CHANGED OUT IN CONJUNCTION WITH OUR POLE
REPLACEMENT PROGRAM.
THREE 30 ' POLES WERE INSTALLED FOR NEW CONSTRUCTION.
EMPLOYEES ATTENDED MONTHLY SAFETY MEETING.
Monthly Building Activity Report: 12/92 Page 1
# Units Value
SINGLE/MULTI-FAMILY & TOURIST ACCOMODATIONS:
Building:
ACCESSORY STRUCTURE 12, 000
ADDITION 2 55,000
BOAT HOUSE 2, 500
BREEZEWAY 1, 500
DEMOLITION 0
DEMOLITION OF HOUSE 1 0
FENCE 2 1, 650
INTERIOR DEMOLITION 0
PORCH FOOTING AND FENCE 3,500
REMODEL 1 19,270
REMODEL & ADDITION 1 160,000
REMOVE INTERIOR WALL 1 800
REROOF 1 4,475
REVISION TO SFR=9106061 1 19,870
SFR 2 327, 686
SPA COVER 1 10, 000
TOWNHOUSE 2 182,000
Subtotal: $ 800,251
Electrical:
1 BRANCH CIRCUIT 2 740
2 BRANCH CIRCUITS 1 564
ELECTRIC 2,200
ENTRY VOIDING 9212001 -300
INSTALL ENERGY PACK 1,200
SERVICE CHANGE 1 800
TEMP SERVICE 1 300
VOIDED ON 12/07/92 300
Subtotal: $ 5,804
Mechanical:
GAS FURNACE & A/C 2 8,040
GAS FURNACE AND A/C 1 1,700 '
GAS H2O HTR/ELECT FOR AC 1 3,000
GAS LINE 1 200
GAS LINE FOR GAS RANGE 1 200
GFAU & A/C 1 4, 300
GFAU VENT 5 18,898
Monthly Building Activity Report: 12/92 Page 2
# Units Value
SINGLE/MULTI-FAMILY & TOURIST ACCOMODATIONS:
Mechanical:
INSTALL PELLET INSERT 1 2, 015
WATER HEATER 2 1, 000
Subtotal: $ 39, 353
Plumbing:
ADD 1 SINK 100
SEWER AND WATER 0
SEWER LINE 3 2, 525
WATER HEATER 2 760
Subtotal: $ 3, 385
***Total: $ 848,793
COMMERCIAL:
Building:
FENCE/RETAINING WALL 1 2, 500
INTERIOR REMODEL 30, 000
REMODEL 1 15, 000
Subtotal: $ 47,500
Electrical:
2 BRANCH CIRCUITS 1, 000
6 BRANCH CIRCUITS 0
CHANGE 8 BALLASTS 2,000
CHANGE BALLASTS 2, 000
ELECTRIC 73,000
FEEDER & 4 BRANCH CIRCUIT 1,800
Subtotal: $ 79,800
Mechanical:
GFAU VENT 1 4, 295
Subtotal: $ 4,295
***Total: $ .131, 595
Monthly Building Activity Report: 12/92 Page 3
Total this month: 87 $ 980, 388
Total this month last year: 93 $ 1,288 975
Total year to date: 595 $ 8,733, 129
Total last year: 609 $17,816, 382
This month This month This year
last year
Total Fees: 14, 125 18, 434 114, 752
Total Inspections: 489 507 2981
NEW CONSTRUCTION: 12/93
RESIDENTIAL
PAGE NO. 1
01/14/93
ADDRESS #UNITS CONTRACTOR VALUATION
** ACCESSORY STRUCTURE
130 THIRD ST OWNER 12000. 00
** Subtotal **
12000. 00
** SFR
1355 TOLMAN CREEK RD OWNER 208186.20
828 ROCA ST TURRELL, JON CONSTRUCTION 119500.00
** Subtotal **
327686.20
** TOWNHOUSE
33 MALLARD ST DAVIS & DOWNEY 91000.00
CONSTRUCTION INC
45 MALLARD ST DAVIS & DOWNEY 91000.00
CONSTRUCTION INC
** Subtotal **
182000.00
*** Total ***
521686.20
NEW CONSTRUCTION: 12/93
COMMERCIAL
PAGE NO. 1
01/14/93
ADDRESS #UNITS CONTRACTOR VALUATION
**
** Subtotal **
0.00
*** Total ***.
0.00
v
ASHLAND POLICE DEPARTMENT
COMMUNITY SERVICE VOLUNTEER PROGRAM
FOR STAFF USE ONLY
----------------------------------------------------------------
TO: FINANCE DEPARTMENT MO14TH OF DEC 1992
NUMBER OF VOLUNTEERS REPORTING 48
NUMBER OF DAYS WORKED 354
NUMBER OF HOURS WORKED 1141
/JOHN D'ENTREMONT
j DIRECTOR OF COMMUNITY SERVICES
CSV06
� .
PAGE NO J.
01/O8/l993 COMMUNITY SERVICE VOLUNTEERS
SUMMARY MONTHLY REFORT
FOR 3ECEMBER` .1992
VOLUNTEER ACTIVITY SS NUMBER DAYS HOURS
WORKED WORKED
** AARP RETIRED EXECUTIVE
** Subtotal �*
2 1�
*� ADULT LEARNING CENTER
** Subtotal **
6 13
** BLIND READING
** Subtotal **
3 9
�* BLOOD PRESSURE CLINIC
** Subtotal **
2 6
** CAR WASH
�* Subtotal **
4 9
**
CHAMBER OF COMMERCE
** Subtotal **
3 12
** COMPUTER ENTRY
** Subtotal **
25 123
** COURT OFFICE
*$ Subtotal *�
23 105
** CV3 OFFICE
** Subtotal
14 51
** DA COURIER
**
Subtotal **
8 16
�
** EXTENDED CIRCLE
�* Subtotal *�
2 10
'
/
**
FORENSIC LAB
** Subtotal $*
3 14
^ ,~
PAGE NO. 2
01/08/1993 COMMUNITY SERVICE VOLUNTEERS
SUMMARY MONTHLY REPORT
FOR DECEMBER, 1992
VOLUNTEER ACTIVITY SS NUMBER DAYS HOURS
WORKED WORKED
'
*�
HISTORIAN
** Subtotal *�
12 6�
*�
LIBRARY, PUBLIC
**
Subtotal **
23 68
**
LOAVES AND FISHES
** Subtotal �*
98 309
** MAIL COURIER
** Subtotal **
52 104
** MUSICIAN
** Subtotal
1 3
*� OMBUDSMAN `
** Subtotal �*
8 16
** PACIFIC INS. NAT . HISTORY
Subtotal **
1 4
** PUBLIC SCHOOLS
** Subtotal **
5 13 -
** RECYCLE ACTIVITIES
** Subtotal
� 8
** SECURITY (PD)
** Subtotal �*
5 14
** SENIOR PROGRAM OFFICE
** Subtotal �*
23 94
/
/
** SHAKESPEAREAN FESTIVAL
** Subtotal **
8 26
CAPTUNITY SERVICE
MNA-
FOR DECEMBER, 1992
VOLUNTEER ACTIVITY NUMBER . DAYS HOURS
WORKED WORKED
*.3( 'SI-40PPER (NURSING HOME)
T. .:. btut.a_. C .
♦
8 is
TRANSPORTATION DRIVER
:k Subtotal 0,
i..t
� #
Total
:,`A 1141,
i
i
ASHLAND FIRE DEPARTMENT
MEMORANDUM
January 11, 1993
TO Mayor Cathy Golden and City Council
FROM Keith E. Woodley, Fire Chief
SUBJECT ISO Fire Insurance Classification Evaluation
The recent ISO Fire Insurance Classification Evaluation
completed in October 1992, has resulted in a grading sheet for
the City of Ashland as follows:
Cateaory Actual Grading Maximum Available
911 Dispatch Center 8. 90% 10%
Fire Department 25.07% 50%
Water Supply 34 .35% 40%
The 911 Center performed very well against the grading
criteria applied by ISO during the review. The Fire Department
lost credits because of insufficient staffing, absence of a 40 hr
training coordinator, lack of an aerial platform unit and
inadequate training facilities. While some of these issues
deserve serious attention, it should be remembered that in most
cases it is less expensive to pay the higher insurance premiums,
then to correct the deficiencies. The city water supply was
judged to be adequate in commercial areas of the city, where lies
ISO's primary interest. Some deficiencies were noted in areas
which lack hydrant's with large diameter openings. However, these
hydrants are replaced with hydrants with larger openings whenever
there is a need to replace them.
The net result from the review is no change in our
classification rating. We hope to improve our Fire Department
training program, when and where, adequate funding is available
for that purpose. At some point in the future the City will need
to acquire an aerial platform unit, for service in commercial
areas of the city.
ISO COMMERCIAL RISK SERVICES, INC. .
3000 EXECWNE PARMAY SURE 510 P.O. BOX 5126 SAN RAMON, CA 90583-9797 15101 8309716 FAX 15101 8304691
Januey 4, 1993
Mr. Reight Woodley, Fire Chief
City of Ashland
455 Siskiyou Blvd.
Ashland, OR 9720
Dear Chief Woodley:
We wish to thank you, and others for the cooperation given to our
representative during our recent survey. We have completed our evaluation of
the fire insurance classification for your city and confirm that Class 4
continues to apply. class 8 will continue to apply to dwelling properties
locted with 5 road miles of a fire station, and over 1000 ft. from a hydrant.
The purpose of our visit was to gather information needed to determine a fire
insurance classification which may be used in the calculation of property
insurance premiums. This survey was not conducted for property lose
prevention or life safety purposes and no life safety or property lose
prevention recommendations will be made.
The city classification applies to properties with a needed fire flow of
3500 gpm or lees. The private and public protection at properties with larger
needed fire flows are individually evaluated, and may vary from the city
classification.
We. are attaching a copy of the Grading Sheet and the reaults of the hydrant
flow tests witnessed during our survey. Extra copies of this letter and
attachments are enclosed so that you may distribute them to other interested
parties, 'if you desire to do so.
If you have any questions concerning our survey and grading, please let no
know.
Very truly yours,
Barbara A. Bill
Assistant Manager
Enclosures
bah:vs
A SUBSIDIARY OF INSURANCE SERVICES OMCE,INC. ,(,.,w t
61 I
Grading Sheet for Ashland
Public Protection Class: 4 Surveyed: 10-92
Grading Maximum
Credits Schedule
Credits
Receiving and Handling Fire Alarms.. . .. 8.906 109
Fire Department; ... . . . ... .. ..... .. .. .. . 25.076 509
Water Supply....... ................. ... 34.359 409
*Divergence... ... .. .. ..... ... ..... .. ... . -7.159
Total: 61.179 1009
The Public Protection class is based on the total percentage credit as
follows: -
Class 6
1 90.00 or more
2 80.00 to 89.99
3 70.00 to 79.99
4 60.00 to 69.99
5 50.00 to 59.99
6 40.00 to 49.99
7 30.00 to 39.99
8 20.00 to 29.99
9 10.00 to 19.99
10 0 to 9.99
*Divergence is a reduction in credit to reflect a difference in the relative
credits for Fire Department and Water Supply.
The above classification has been developed for use in property insurance premium
calculations.
Of ASMo
� emorttn � �tm
GREGO
January 11, 1993
��• Brian Almquist, City Administrator
Aram Steven Hall, Public Works Director 1
p�u�jQ11. Water/Snow Report
ACTION REQUESTED
None, information only.
DISCUSSION
This information may be slightly anticlimactic, but I thought you would like to know the
"official' reports.
I have received the first snow report from the U.S. Forest Service for December. If this
report Is an indication of the rest of the winter, we can all relax a little bit. Snow records for
the Siskiyou Summit began in 1986 and snow.has only been recorded in December for 1990
and 1993! The attached graph gives a quick look at the history.
The question that Dennis Bamts and I are facing now is whether to clean or°sluice' Reeder
Reservoir this year. Several factors are considered in that decision.
+ In accordance with the Memorandum of Understanding with other state and
federal agencies, a decision has to be made by February 15 and we are allowed to
sluice the reservoir between Februay 1 and March 31.
+ We need a minimum of i million gallons per day (MGD) and preferably 2 MGD.
flowing in Ashland Creek in excess of the demands of Ashland water customers.
Currently, flows in Ashland Creek are about 3 MGD and consumption at over 2
MGD. Ashland Creek flows still remain below 1977 levels (see attached graph).
"Extra` water available for sluicing during December would prove to be inadequate If
the consumption and flows remain similar during the sluicing period in February-and -
March.
+ The next major decision is the time that we should begin draining Reeder
Reservoir if the decision is to slu!ce. If flows are not adequate at the cutoff date of
February 15, we will cancel the operation and begin refilling Reeder Reservoir.
+ The other factor is our "best guess' of the probability of Reeder Reservoir filling
by June 1.
Water/Snow Report
January 11, 1993
page 2
I will keep you informed as decisions are made over the next few weeks.
SMH:rm\Water\SnowDec.mem -
cc: Dennis Barnts, Water Quality Superintendent
Jim Olson, Assistant City Engineer
encl: Graph, Ashland Creek Flows
Graph, Snow-Siskiyou Summit
Graph, Sluicing-Water Available, December 1992
Data, December snow/water-Siskiyou Summit
ASHLAND CREEK FLOWS
DECEMBER 1976 AND 1992
16
w14 .. ............. .. ............_............................ ........ - ....... _ ...... ... _ ...
co 12-.. ............. ... ............................
............................?............. .............. ...... ...... ...... ..._..... ...... ...... ......
....
O1 O ..o-------.-----5--.........._i-......-----..i..............i...-..........i.............. .............i.............. -------- ......... ..........................
....... ....... .........5...
J
8 .. ........---;..........._ ....._..._. .......... ...... ...... - ....... ...... ...... ...... ...... _............_.............- ----
O 6 ------------ .........................._.. ...... .. ....... ......
.. ... ... .... ...t... .... ............... ....................... . ....... .. .--
.. ...f.... ...p...
4-..!............. ...... ....-. ........_ .........................>....
.._'...... ......'.....
'. F -
Z
2 .. ........._.. .... ... .. .... ...... .. . . ...... _ ....... .............. ....
O
LL
1 3 5 7 9 11 13 15 17 19 21 .23 .25 .27 29 31
DAY OF MONTH
-�- 1992 -+- 1977
CITY OF ASHLAND
SNOW/WATER @ SISKIYOU SUMMIT
30 :
..........
25
= 20
r
U
z_
z 15
. ..... ...................................................................................................................... = .....
w 10
0
5
a SNOW DEPTH
0 WATER EQUIVALENT
86 87 88 89 90 91 92 93
MEASURED IN DECEMBER
WATER AVAILABLE FOR SLUICING
DECEMBER 1992
J 8
m
7
Q g
w Extra Water is Ashland Creek less Production
z 5
Q
z
4
U 3
O 2 °
o_
oC 1 E
wm
s ' ; WATER PRODUCED
p "EXTRA" WATER
1 3 5 7 9 11 1315 17 19 21 23 25 27 29 31
DAY OF MONTH
CITY OF ASHLAND
DEPARTMENT OF PUBLIC WORKS
SNOW DEPTH/DENSITY
----------------------------------------------------------=------
-----------------------------------------------------------------
SISKIYOU SISKIYOU SISKIYOU SISKIYOU SISKIYOU
SUMMIT SUMMIT SUMMIT SUMMIT SUMMIT
DECEMBER JANUARY FEBRUARY MARCH APRIL
SNOW WATER SNOW WATER SNOW WATER SNOW WATER SNOW WATER
-----------------------------------------------------------------
86 0. 0 0. 0 0. 6 0.4 0. 0 0. 0 0. 0 0. 0 0. 0 0. 0
87 0. 0 . 0. 0 20. 0 5.4 21. 0 6. 0 29 . 0 9 . 0 0. 0 0. 0
88 0. 0 0.0 19. 0 4. 6 11. 0 4.7 0. 4 0. 1 0. 0 0. 0
89 0. 0 0. 0 32 . 0 9.5 21. 0 9.5 5.2 2 . 6 0. 0 0. 0
90 5. 5 1. 1 13 . 0 1.7 21. 0 6.0 5. 0 2. 3 0.0 0. 0
91 0. 0 0. 0 0. 0 0. 0 0. 0 0.0 12. 0 3 . 4 0.0 0. 0
92 0. 0 0. 0 6. 0 2 . 0 0.4 0. 2 0. 0 0. 0 0. 0 0. 0
93 27 . 0 6. 5
-----------------------------------------------------------------
-----------------------------------------------------------------
AVG 3 . 6 0.8 11. 3 3 .0 9. 3 3 .3 6. 5 2 . 2 0. 0 0.0
-----------------------------------------------------------------
* First Year Recorded
Emaraitdum
OREOOa
January 13 , 1993
X110. Brian Almquist, City Administrator
r. �I
(19 TOtY[: Steven Hall, Public Works Director %�
�$UhjPLi. Wetlands Workshop l
ACTION REQUESTED
City Council give public notice of public workshop for
the constructed wetlands facility plan option. Meeting
to be in the Council Chambers, 7:00 p.m. , Thursday,
January 28, 1993 .
BACKGROUND
This will be the initial public meeting for the
constructed wetlands facility plan study. Woodward-Clyde
Consultants will be presenting information on DEQ
requirements for constructed wetlands and an overview of
constructed wetlands technology. They will also discuss
preliminary thoughts in relation to the Ashland project.
The purpose is to solicit public input at the beginning
of the project to allow the consultants to begin crafting
a public concensus on the final product.
snug:=vSmcAwu�d,.w.t
cc: John Davis, Woodward-Clyde Consultants
John Holroyd, Brown and Caldwell Consulting
Engineers
Gary Schrodt, Ashland Wetlands Coalition
Constructed Wetlands Selection Committee
of
A.Sli, { emaran'Anm
'A
OREGOd ,.
January 13 , 1993
1!111. Brian Almquist, City Administrator
~ �.�rIIm: Steven Hall, Public Works Director
,�$ bjttt: Airport Master Plan Public Hearing
ACTION REQUESTED
City Council give public notice of public hearing for the
Airport Master Plan at 7: 30 p.m. , Tuesday, February 23 ,
1993 . Location to be announced. G J
This will be a special joint meeting with the City
Council and Airport Commission.
BACKGROUND
The new Airport Master Plan has .been completed and
approved by the Ashland Planning Commission, Oregon
Aeronautics Division (OAD) and the Federal Aviation
Administration (FAA) .
The project was funded by an FAA grant.
The project has been reviewed by the Airport Commission
and an Advisory Committee through several public
meetings.
David Miller of Stanley Franzoy Corey Engineering Company
will present the plan at the public hearing.
SMH:=WMX t Pb.hM
cc: David Miller, SFC
Pam Barlow, Administrative Assistant
Airport Commission '
Airport Planning Advisory Committee
Paul Mace; President, Ashland Pilots Association
encl: For Council, Master Plan
£j of As& _
January 8, 1993
Mayor and City Council
rem: Dick Wanderscheid�
IIQjPtt: NEW RESIDENTIAL CONSTRUCTION DATA FOR 1992
A total of 85 building permits for new single family dwellings were issued in
1992. There were no permits issued for new multi-family units. Of the 85
SFRs, 45 (or 52.9%) had gas heat. Electrically heated units numbered 40
(or 47.1%). Of the 40 electrically heated units, 33 (or 82.5%) will be certified
under the Long Term Super Good Cents Program. This penetration rate is
lower than previous years because the Long Term Program standards,
which took effect on January 1, 1992, are significantly more stringent than
the previous program energy standards.
Our Super Good Cents penetration rate, under the tougher new standards,
continues to be among the highest in the region.
C° l
City Attorney
City of Ashland
(503) 482-3211, Ext. 59
MEMORANDUM
January 13, 1993
TO: Mayor Golden and All Councilors
FROM: Vi' Paul Nolte, Attorney
SUBJECT: Reporting the Reimbursement of Travel Expenses Exceeding $100
In April 1992 1 requested from the Oregon Government Ethics Commission an advisory,
opinion on whether or not the council or mayor must report on the annual verified
Statement of Economic Interest reimbursement of travel expenses (exceeding $100)
paid by a state or federal agency.
The enclosed opinion indicates that such information must be disclosed. The same
would be true for any reimbursed travel, food, and lodging expenses (exceeding $100)
by the League of Oregon Cities or any other source (except the city).
cc: Brian Almquist, Administrator
Enclosure
Is:lreimburs.maml
on
OREGON
GOVERNMENT
ETHICS
COMMISSION
December 9, 1992
Paul Nolte, City Attorney
City of Ashland
City Hall
Ashland, Oregon 97520
Dear Mr. Nolte:
This responds to your correspondence of April 13, 1992 and
October 29, 1992 and our telephone conversation of November 2,
1992 . As I. indicated when I telephoned you, your April letter
apparently became misplaced in my office and I apologize for that
error.
The first of the two inquiries contained in your letter related to
whether or not it is necessary for a public official to report the
reimbursement of travel expenses exceeding $100 on his/her Annual
Verified Statement of Economic Interest (SEI ) . That information is
referred to on the SEI form as, "value of office related event. "
As I indicated when we spoke, the instructions for that section
contain the following notice: " (NOTE: Do not list if such expenses
were reimbursed by your public employer. ) . " Accordingly, it is not
necessary for a public official to list reimbursed expenses .
Your second inquiry related to a city councilor traveling to
another city, spending over $100 in travel, food and lodging with
the expenses being paid by the federal or state agency who
requested the meeting. Again, the instructions for the ."value of
office related event" section on the SEI form requests disclosure
only "if, . . .you participated in any event related to your office
and you appeared at such event in your official capacity and
aggregate value of food, lodging and travel which was provided for
your expenses by the host or sponsor of the event exceeded $100 . . . "
700 Pringle Parkteav SE
I>t floor
Salem, OR 97310-1360
1503) 378-5105
FAX (503) 373-1156
Paul Nolte, City Attorney
December 9 , 1992
Page 2
Your third concern relates to the provisions of ORS 244 . 100 (3) .
That provision states, " . . .any person or organization that provides
a public official with food, lodging or travel expenses exceeding
$50 as described in ORS 244 . 060(6) shall notify the public official
in writing of the amount of the expense. The notice shall be sent
to the public official within 10 days from the date such expenses
are incurred. " Accordingly, in the two hypotheticals contained in
your inquiry, the city would not have to inform the public official
of the amount of expenses the city reimbursed the public official
for. In the second example, however, the state or federal agency
which hosted an event and provided the food, lodging and travel
expenses for the public official would be required to so inform the
public official of the amount of such expenses within 10 days .
Again, I apologize for the oversight which caused such a long delay
in getting this response to you. Please feel free to contact me
again if you have additional questions or would like clarification.
Sincer 1
a ick Hearn
Executive Director
LPH:pk
0778pb
Ashland City Council
City of Ashland
Ashland, Oregon 97520 �
NLResAwwqmt
Dear Mayor and City Council:
At the last Council meeting, I suggested that the Council consider instituting a "parking fee" in the
major downtown off-street parking lots as a means of funding park/open space acquisition, along with
the proposed increase in the business license fee. It was felt that such a parking fee would not only
act as a replacement for the property tax component in the so-called Chamber Plan, but also raise
enough additional revenue to ensure that all the mapped open space/parks approved by the voters,
could eventually be acquired.
Since there are many who feel that voters are unlikely to approve "any" property tax increase at the
present time, a parking charge on vehicles in lots downtown may have greater voter appeal. It is also
quite apparent that this source of funding would meet the criteria established by the Parks
Commission that the burden for funding open space/parks be shared by city residents and visitors
alike. Moreover, it is unlikely that paid parking will be a detriment to business in the downtown since
only 256 out of over 1,100 free timed spaces will be affected, and paid parking is more likely to
encourage "turnover." The concern expressed by some that such a proposal will force more vehicles
into residential streets is also unlikely since the current employee parking ordinance is already in
effect during most of the high season, and encourages employees and employers to park in residential
areas. It is even possible that parking pressure in the residential areas would stabilize, if employees
and employers were allowed to utilize these paid parking lots during the summer months.
A further consideration regarding the concern of increased traffic congestion and paid parking is its
potential as a "disincentive" to single-vehicle use, that would act to further motivate individuals to
consider alternative methods of transportation (bicycles, walking, buses, etc, etc...)
I appreciate you taking the time to consider this proposal. Hopefully, a funding measure for
parks/open space will be placed before the voters that will be palatable to the majority of Ashland's
voters.
`-�Sincerely, ��
Michael Donovan
The following projections regarding potential revenue from "parking fees" are presented for your
consideration:
PROPOSED PARKING LOTS: 5
Water St ( 55 spaces)
Lithia Way next to Copeland (64 spaces)
Hargadine St next to Shakespeare (88 spaces)
Second St (24 spaces)
Winburn Way next to Lithia Creek Cafe (25 spaces)
Total Parking Spaces: 256
PROPOSED MONTHS OF OPERATION: 7
March,:April, June, July, August, September, October
PROPOSED FEE: .25 cents per half hour ( $2.00 for the current four hour limitation)
ENFORCEMENT COSTS:
There may be an increased "overlay" of enforcement to ensure compliance. It has been argued that
the time required by a Parking Enforcement Officer would be greater for the ticket system than for
our current system of marking tires. However, the experience of SOSC Enforcement Officers is that
the time factor for the ticket system is only one-half that required for marking tires. (Marking tires
requires the officer to make two trips, while a ticket system only requires one. Nonetheless, it is
believed additional parking fine revenue would be sufficient to cover added enforcement costs.
PURCHASE AND INSTALLATION COSTS:
A) 5 new computer ticket dispensers @ $7,000 each=$35,000
B) installation and labor of ticket dispensers @ $2,500 each = $12,500
C) supplies and maintenance. Based on 7 month period = $4,500.00
D) Signage -33 custom signs at $150 each including installation= $4,950.00
Grand Total Costs for 5 Units: $56,950.00
ADMINISTRATION COSTS:
There would be additional staff time for collection and accounting
Based on 7 month period- $6,300.00
PROJECTED REVENUES AND PARKING LOT OCCUPANCY:
August and September: 60 days assuming 80% occupancy
and an average of$6.00 per space per day = $73,800.00
June and July: 60 days assuming 70% occupancy
and an average of$5.00 per day per space = $53,760.00
April, May and October: assuming 55% occupancy
and an average of$4.00 per day per space = $50,688.00
Grand Total = $178,248.00
SUMMARY:
Parking Revenue over 7 months 178,248.00
Less finance collection and administration <6,300.00>
Less supplies and maintenance <4,500.00>
less depreciation on dispensers (10% per unit) <3,500.00>
Net revenue (5 lots) 163,948.00
If the total initial purchase and installation costs were deducted from the first year's projected
revenue, the net would be as follows:
1st Year:
210 day revenue 163,948.00
Less installation <56,950.00>
Net first year $106,998.00
Subsequent Years:
210 day revenue $163,948.00
FURTHER CONSIDERATIONS:
These revenue estimates do not include the two smaller lots in the downtown. These are the 13 space
lot across from Copeland Lumber and the 10 space lot next to the Shrine Hall on Winburn Way.
Since both these lots are within prime distance of the theatres and downtown shopping, it can be
assumed that some additional revenue could be generated by the collection of a per day parking fee
similar to that charged at the SOSC lot across from the Swedenburg house.
s
,.
a rand um
January 12 , 1993
04EGOt�
�G1II: Honorable Mayor & City Council
r ®r ,rom: Brian L. Almquist, City Administra
Uhjert: Pay Parking Lot Estimate
The Council at its meeting on January 5, 1993 , directed Staff to
investigate the costs and revenues generated from the installation of
paid parking in the downtown parking lots. There are presently 7 lots
as follows:
Hargadine & Pioneer 88 spaces
Pioneer and Lithia Way 64 it
Water and "B" St. 55 of
Subtotal 207 spaces
Winburn & Nutley 25 spaces
Second & Enders Alley 24 It
Across from Copeland Lumber 13 if
Winburn & Masonic Hall 10 it
Subtotal 72 spaces
Purchase and Installation Costs: I have determined that the most
effective device is a computer ticket dispenser for pre-paid parking,
similar to the dispenser at SOSC in front of the Student Union. In
speaking with Joey Ngan, Security and Safety Director, he stated that
the costs of installation were as follows:
$7 , 000 purchase ticket dispenser
1, 500 labor and materials to install dispenser
1, 000 fabricate and install canopy
400 install and connect 120V electric service
$9 , 900 Total cost per unit (not including signage)
Due to the costs of installation, maintenance and depreciation of each
unit, it is believed that only the first 3 lots on the above list
warrant the computer dispenser units. Also, with the exception of the
Copeland lot, the other lots are generally not used by theater
patrons, although all are used by local residents and tourists alike.
$29, 700 Installed cost of 3 computer dispensers
3, 000 Signage-20 custom signs at $150 each, including
installation
$32 , 700 Grand Total Costs for 3 Units
Revenue Estimate: It is difficult to project occupancy rates without
any experience data. We must also make a presumption that the pay
parking would only be in effect during the prime tourist season when
parking demand is highest. At other times there is adequate on-street
parking and thus avoidance would not make it economical to enforce and
collect any revenues generated during this low demand period. A
proposed parking rate of 25¢ per half hour ($2 for the current four
hour limitation) would result in the following estimated revenue:
120 day seas on:
207 spaces @$4 per day at 75% occupancy for 120 days = $74, 520
less Finance collection and administration <3, 600>
less supplies and maintenance* <2,700>
less depreciation on dispenser* <2 , 100>
Net Revenue (3 lots) $66, 120
(*SOSC averages about $2 , 000 for supplies and maintenance
for their machine which is used for 9 months per year, and
is depreciating at 10% per year)
If the pay season was extended for an additional two months to the
"shoulder" season, it is anticipated that the occupancy rate would
drop accordingly, but the following additional revenue might be
realized:
Additional 60 days:
207 spaces @$4 per day at 50% occupancy for 60 days = $24,840
less Finance collection and administration <1, 800>
less supplies and maintenance <1, 300>
Net Added Revenue (3 lots) . $21,740
Enforcement: The time required by the Parking Enforcement Officer
would be greater for the ticket system than for our current system of
marking tires. However it is believed that the additional, parking
fine revenue should be sufficient to cover these added policing costs,
since we would be eliminating the present "grace period" and going to
a more precise standard on ticket issuance.
Summary: If the total initial purchase and installation costs were
deducted from the first year's projected revenue, the net would be as
follows:
1st year:
120 day revenue $66, 120
less installation <32 ,700>
Net first year $33 , 420
(Plus $21 , 740 if additional 2 months added)
Subsequent years:
120 day revenue $66, 120
(Plus $21, 740 if additional 2 months added)
Some other issues that were raised at the Staff meeting by department
heads are as follows:
1) Pay parking may push more cars into nearby residential
neighborhoods where there is ample free parking, causing more
complaints from residents of those areas.
2) One of the concepts put forth in developing the new lots was to
compete with the free parking at the Rogue Valley Mall. Also,
all lots in downtown Medford are free.
3) All downtown merchants were assessed for the new lots through an
L. I . D. and are paying a surcharge based on required parking to
service the bonds. Some might see the charge for their patrons
as a double expense.
4) It might tend to increase congestion, as tourists and residents
seek out the free parking first. j
5) The reliability of the revenue estimate is debatable. Also the
elasticity of the fee (for future increases) is limited since
there is a limit to what people feel .is "reasonable" .
6) This is a sizable potential revenue, but if the goal of TPAC and
our Comprehensive Plan is to discourage the use of the
automobile, perhaps these revenues should more rationally be used
for bicycle and pedestrian improvements and to subsidize public
transit to the downtown area.
(d:\council\parks\openspac\prypk`.Men,)
City Attorney
City of Ashland
(503) 482-3211, Ext. 59
MEMORANDUM
January 15, 1993
TO: Mayor and City Council
FROM: Paul Nolte P')
SUBJECT: Open space funding proposals regarding parking fees from public
parking lots
At the council meeting on January 5, 1993, 1 was asked to draft an alternative ballot
title to address the proposal to fund open space acquisition through the imposition of
parking fees on public parking lots. This proposal, as I understand it, also includes a
raise in the business license tax as previously submitted by the Chamber of
Commerce.
Attached is a resolution that addresses this proposal. Notice that it speaks only to the
raise in the business license tax. The council may impose parking fees and dedicate
that revenue to the open space program without a vote of the people. The city charter
requires only that tax proposals to fund open space be submitted to the voters. A
parking fee is not a tax.
(p:ord\opemcn4.mem)
EXHIBIT A
CAPTION: Increase in business license tax for open space park program.
QUESTION: Shall the business license tax be increased by $40 per year for the
Open Space Park Program?
EXPLANATION: The business license tax would be increased by $40 which would
be dedicated for the acquisition of property for the city's Open
Space Park Program. The increase would automatically expire on
December 31, 2010.
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."
Ip:ord\open-cn3.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 (p:ora openuona.rca)
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 11b, 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:oa apeonma.rt,)
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
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 (p:ocdpw-mb.m3)
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
RESOLUTION NO. F&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 (p:mdv&ffsb.m)
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 ilb, 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..dwan..a)
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:ormtmsen.rea)
RESOLUTION NO. [G.O.BONDS WIlHF&B TAX]
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:«awpwnma.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 ilb,
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 iib, Article XI, Oregon
Constitution, and implementing legislation, the
proposed tax measure if approved would not reduce
property tax collections for other unity of- local
government.
PAGE 2-RESOLUTION (p:ow�oprnboua.mz
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ASHLAND ADDING A NEW
CHAPTER 13 . 24 TO THE ASHLAND MUNICIPAL CODE CONCERNING
RESTAURANT FOOD AND BEVERAGE TAXATION.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 4 . 34 is added to the Ashland Municipal Code
and .shall read as follows:
Chapter '4 . 34
FOOD AND BEVERAGE TAX
Sections:
4 . 34 . 010 Definitions.
4 . 34 . 020 Tax Imposed.
4 . 34 . 030 Exemptions.
4 . 34 . 040 Operator's Duties.
4 . 34 . 050 Reporting and remitting.
4 . 34 . 060 Penalties and Interest.
4 . 34 . 070 Failure to Collect and Report Tax--Determination
of Tax by Director.
4 . 34 . 080 Appeal.
4 . 34 . 090 Records.
4 . 34 . 100 Refunds.
4 . 34 . 110 Actions to Collect.
4 . 34 . 120 Violations--Infractions.
4 . 34 . 130 Confidentiality.
4 . 34 . 140 Examining Books, Records.
4 . 34 . 150 Special account.
4 . 34 . 160 Termination of tax.
OPTIONAL 4 .34 .170 Effective upon contingency.
4 . 34 . 010 Definitions. The following words and phrases whenever
used in this chapter shall be construed as defined in this
section unless from the context a different meaning is intended._
A. "Caterer" means a person who prepares food at a business
site, for compensation, for consumption off the business premises
but within the corporate limits of the city.
B. "Combination facility" has the same meaning a`s defined
in Oregon Administrative Rule 333-150-000 (8) which the State of
Oregon Department of Agriculture licenses or inspects under
Oregon Administrative Rule 333-158-000.
C. "Director" means the Director of Finance of the City of
Ashland, or designee.
D. "Food" includes all meals and beverages, excluding
alcoholic beverages, served in a restaurant including "takeout",
"to go" or delivered orders.
E. "Open Space Park Program" and "Open Space lands or
easements" have' the same meaning as used in Article XIX A of the
Ashland City Charter.
F. "Operator" means the person who is proprietor of the
PAGE 1-PARK COMMISSION FOOD & BEVERAGE TAX PROPOSAL (p:orm=-mg
restaurant, whether in the capacity of owner, lessee, sublessee,
mortgagee in possession, licensee or any other capacity. Where
the operator is a corporation, the term operator shall also
include each and every member of the Board of Directors of such
corporation for the time involved.
G. "Restaurant" means any establishment required to be
licensed as a restaurant by the State of Oregon Health Division
and includes any establishment where food or beverage is prepared
for consumption by the public or any establishment where the
public obtains food or beverage so prepared in form or quantity
consumable then and there, whether or not it is consumed within
the confines of the premises where prepared, and also includes
establishments which prepare food or beverage in consumable form
for service outside the premises where prepared. The term
restaurant also includes establishments where such food or
beverage is prepared in a combination facility.
4 . 34 . 020 Tax imposed. A. The city imposes and levies, in
addition to •all other taxes, fees and charges of every kind, a
tax upon:
1. All food and beverages sold by restaurants located
within the city to the public, except for whole cakes, pies, and
loaves of bread if purchased for consumption off premises, and
for alcoholic beverages;
2 . All food and beverages, except alcoholic beverages,
sold by a caterer for an event located within the city; and
3. The following items sold by combination facilities:
a. Salads from salad bars;
b. Dispensed soft drinks and coffee; and
C. Sandwiches or hot prepared foods ready for
immediate consumption.
B. Such tax shall be imposed at a rate of one percent on
the total amount charged by the seller for the food and
beverages, or for the meal, including any amount or percentage,
whether designated as a gratuity, tip, or service charge, that is
added to the price by the seller, and required to be paid by the
purchaser. In the computation of this tax any fraction of one-
half cent or more shall be treated as one cent.
C. All taxes collected by the city under this chapter shall
be paid into the Open Space Park Account. Such taxes shall be
used for the acquisition of Open Space lands or easements and for
such other purposes pertinent to the Open Space Park Program as
the Council and Park Commission may jointly determine.
D. The council may increase the rate of the tax described
in subsection 4 .34 .020 .A up to a maximum of five percent after a
public hearing. Notice of the hearing shall be given by
publication in a newspaper of general circulation in the City at
least 10 days prior to the date of the public hearing.
Notwithstanding subsection 4 .34 .020 .C, taxes collected by the
City as a result of any increased rate under this subsection
shall be used for the purpose of researching, designing and
constructing State of Oregon mandated sewage treatment methods
including, but not limited to, wetlands.
PAGE 2-PARK COMMISSION FOOD & BEVERAGE TAX PROPOSAL (p:ond\e -Pot)
4 . 34 . 030 Exemptions. The tax levied by section 4 . 34 . 020 shall
not be collected or assessed on food or beverages:
A. Sold by public or private schools or colleges, except
that food sold by independent contractor operators at such
schools or colleges shall be subject to the tax imposed by this
chapter;
B. Provided by hospitals;
C. Provided by bed and breakfast establishments to their
guests.
D. Sold in vending machines;
E. Sold in temporary restaurants including food stands,
.booths, street concessions and similar type operations, operated
by non-profit organizations or service clubs.
F. Served in connection with 'overnight or residential
facilities--including, but not limited to, convalescent homes,
nursing homes, retirement homes and motels--if the food and
beverage are provided as part of the cost of sleeping
accommodations.
G. Provided by nonprofit tax-exempt organizations to
citizens over 60 years of age as a part of a recognized senior
citizen nutritional program.
4 . 34 . 040 Operator's Duties. Each operator shall collect the tax
imposed by this chapter, to the 'same extent and at the same time
as the amount for the food or beverage is collected from every
purchaser. The amount of tax shall be separately stated from the
amount of the food or beverage. Every operator required to
collect the tax imposed in this chapter shall be entitled to
retain five percent of all taxes collected to defray the costs of
collections and remittance.
4 . 34 . 050 Reporting and remitting. On or after July 1, 1993 ,
every operator shall, on or before the 25th day of the month
following the end of each calendar quarter (in the months of
April, July, October and January) , make a return to the director,
on forms provided by the City, specifying the total sales subject
to this chapter and the amount of tax collected under this
chapter. At the time the return is filed, the full amount of the
tax collected shall be remitted to the director. The director
may establish shorter reporting periods for any operator if the
administrator deems it necessary in order to insure collection of
the tax and the administrator may require further information in
the return relevant to payment of the liability. Returns and
payments are due immediately upon cessation of business for any
reason. All taxes collected by operators. pursuant to this
chapter shall be held in trust for the account of the City until
payment is made to the director.
4 . 34 . 060 Penalties and interest. A. Any operator who fails to
remit any portion of any tax imposed by this chapter within the
. time required, shall pay a penalty of ten percent of the amount
of the tax, in addition to the amount of the tax.
B. Any operator who fails to remit any delinquent
remittance on or before a period of 30 days following the date on
PAGE 3-PARK COMMISSION FOOD & BEVERAGE TAX PROPOSAL (y:ord\mx-tb9
which the remittance first became delinquent, shall pay a second
delinquency penalty of ten percent of the amount of the tax in
addition to the amount of the tax and the penalty first imposed.
C. If the director determines that the nonpayment of any
remittance due under this chapter is due to fraud, a penalty of
25% percent of the amount of the tax shall be added thereto in ,
addition to the penalties stated in subparagraphs A and B of this
section.
D. In addition to the penalties imposed, any operator who
fails to remit any tax imposed by this chapter shall pay interest
at the rate of one percent per month or fraction thereof on the
amount of the tax, exclusive of penalties, from the date on which
the remittance first became delinquent until paid.
E. Every penalty imposed and such interest as accrues under
the provisions of this section shall become a part of the tax
required to be paid.
4 . 34 . 070 Failure to Collect and Report Tax--Determination of Tax
by Director. If any operator should fail to keep adequate
records or refuse to pay the tax imposed by this chapter, or to
make, within the time provided in this chapter, any report and
remittance of the tax or any portion required by this chapter,
the director shall proceed in such manner as deemed best to
obtain facts and information on which to base the estimate of tax
due. As soon as the director shall procure such facts and
information as is able to be obtained, upon which to base the
assessment of any tax imposed by this chapter and payable by any
operator who has failed or refused to collect the same and to
make such report and remittance, the administrator shall proceed
to determine and assess against such operator the tax, interest
and penalties provided for by this chapter. In case such
determination is made, the director shall give a notice of the
amount so assessed by having it served personally or by
depositing it in the United States mail, postage prepaid,
addressed to the operator so assessed at the last known place of
address. Such operator may within ten days after the serving of
mailing of such notice make. an appeal of such determinations as
provide in section 4 . 34 . 060. If no appeal is filed, the
director's determination is final and the amount thereby is
immediately due and payable.
4 . 34 . 080 Appeal. Any operator aggrieved by an decision of-the -
director with respect to the amount of such tax, interest and
penalties, if any, may appeal to the city council by filing a
notice of appeal with the city administrator within 15 days of
the serving or mailing of the determination of tax due. The
council shall fix a time and place for hearing such appeal, and
the city administrator shall give five days written notice of the
time and place of hearing to such operator at the last known
place of address. The council shall hear and consider any
, records and evidence presented bearing upon the director's
determination of amount due, and make findings affirming,
reversing or modifying the determination. The findings of the
council shall be final and conclusive, and shall be served upon
PAGE 4-PARK COMMISSION FOOD & BEVERAGE TAX PROPOSAL (P:ordNnx-fbt)
.the appellant in the manner prescribed above for service of
notice of hearing. Any amount found to be due shall be
immediately due and payable upon the service of notice.
4 . 34 . 090 Records. It shall be the duty of every operator liable
for the collection and payment to the city of any tax imposed by
th2s chapter to keep and preserve, for a period of three years,
all such records as may be necessary to determine the amount of
such tax. The director shall have the right to inspect all
records at all reasonable times.
4 . 34 . 100 Refunds. A. Whenever the amount of any tax, interest or
penalty has been overpaid or paid more than once, or has been
erroneously or illegally collected or received by the city under
this chapter, it may be refunded as provide in subparagraph B of
this section, provided a claim in writing, stating under penalty
of perjury the specific grounds upon which the claim is founded,
is filed with the director within three years of the date of
payment. The claim shall be on forms furnished by the director.
B. An operator may claim a refund, or take as credit
against taxes collected and remitted, the amount overpaid, paid
more than once or erroneously or illegally collected or received
in a manner prescribed by the director.
C. No refund shall be paid under the provisions of this
section unless the claimant established the right by written
records showing entitlement to such refund.
4 . 34 . 110 Actions to Collect. Any tax required to be paid by any
operator under the provisions of this chapter shall be deemed a
debt owed by the operator to the city. Any such tax collected by
an operator which has not been paid to the city shall be deemed a
debt owned to the operator to the city. Any person owing money
to the city under the provisions of this chapter shall be liable
to an action brought in the name of the City Of Ashland for the
recovery of such amount.
4 . 34 . 120 Violations--Infractions. Any operator or other person
who fails or refuse to comply as required herein, or to furnish
any return required to be make, or fails or refuse to furnish a
supplemental return or other data required by the director, or
who renders a false or fraudulent return or claim, or who fails,
refuses or neglects to remit. the tax to the city by the due date,
is guilty of an infraction and shall be punished as set forth in
section 1. 08 . 020 of the Ashland Municipal Code.
4 . 34 . 130 Confidentiality. Except as otherwise required by law,
it shall be unlawful for the city, any officer, employee or agent
to divulge, release or make known in any manner any. financial
information submitted or disclosed to the city under the terms of
this chapter. Nothing in this section shall prohibit:
A. The disclosure of the names and addresses 'of any person
who are operating a restaurant; or
B. The disclosure of general statistics in a form which.
would prevent the identification of financial information
PAGE 5-PARK COMMISSION FOOD & BEVERAGE TAX PROPOSAL (p:ord�t -rnp
regarding an individual operator; or
C. Presentation of evidence to the court, or other tribunal
having jurisdiction in the prosecution of a claim by the
Administrator or. an appeal form the city administrator for amount
due the city under this chapter.
4 . 34 . 140 Examining Books, Records, or Persons. The city, for the
purpose of determining the correctness of any operator of a
restaurant tax return, or for the purpose of an estimate of taxes
due, may examine or may cause to be examined by an agent or
representative designed by it for that purpose, any books,
papers, records, or memoranda, including copies of operator's
state and federal income tax return, bearing upon the matter of
the operator' s tax return.
4 . 34 . 150 Special account. The monies collected from this tax
shall be expended only for the Open Space lands or easements, for
costs of acquisition, for costs of development, for costs of
collection and for such other purposes pertinent to the Open
Space Park Program as the Council and Park Commission may jointly
determine. All monies dedicated under this chapter shall remain
under the financial management of the City of Ashland.
4 . 34 . 160 Termination of tax. This chapter shall expire on
December 31, 2010, unless extended by a vote of the electorate.
OPTIONAL 4 .34 . 170 Effective upon contingency. This ordinance
shall only be effective if the measure referred to the electorate
at the special election to be held on March 23, 1993 in
resolution 93- entitled "A RESOLUTION CALLING A SPECIAL
ELECTION FOR MARCH 23, 1993, IN THE CITY OF ASHLAND FOR THE
PURPOSE OF SUBMITTING TO THE VOTERS OF THE CITY A MEASURE
AUTHORIZING THE ISSUANCE OF $2, 000, 000 IN GENERAL OBLIGATION
BONDS" fails, or, if it passes and the measure increasing
business license fees also passes, the bond measure receives
fewer votes than this ordinance.
PAGE 6-PARK COMMISSION FOOD & BEVERAGE TAX PROPOSAL (p:ord\w-tbq
+J+OF ASIE
�°- � emarttxcc� �tm
04EGOl� ,.
r January 7, 1993
�11Q. Mayor and City Council
ram: Jim Simg 'and Carl Oates, TPAC Representatives
II�IjEC : Transportation Planning Advisory Committee
ACTION REQUESTED
City Council direct Public Works Director to consider the
following projects in the 1993-1994 budget.
BACRGROIIND
See attached "TPAC 1993 Strategic Plan (Draft) '.' .
On Tuesday, December 29, 1993, we met with Steve Hall and
Pam Barlow to discuss potential budget items for the
1992-1993 budget. Based on the Strategic Plan, the
following items are requested to be considered for
funding:
1. Although not a part of this request, Ashland
will be providing pads for new transit stops in
conjunction with a grant RVTD is seeking.
2 . Funding for reduced fares, July 1, 1993 through
December 31, 1993.
The project would provide for a reduction of
intercity fares from $1. 00 to $0.25 per ride.
The $0.25 per ride revenue is proposed to be
refunded to Ashland and SOSC on a prorates share
based on contribution of each participant.
Total 1 year cost = $25, 000
City Participation = $17,000
SOSC Participation = $ 8, 000
Funding request for 1993-1994 is for $8, 500.
This request is contingent upon RVTD receiving
a federal grant.
Transportation Planning Advisory Committee
January 7, 1993
page 2
3 . TPAC supports Ashland's funding request from
the Bicycle Commission to construct a bicycle
path/bicycle route from Eighth and "A" to
Shamrock Lane and Ashland Street (Highway 66) .
The monies in the Capital Improvement Fund for
Bicycle Paths ($60,082 as of 11/30/92) will be
recommended as a local match for the project
when it is funded.
4. $10, 000 should again be set aside in the Street
Fund for American Disability Act improvements
on City streets.
5. The Traffic Safety Commission and TPAC have
been formulating a plan for sidewalk
construction within the City. In order to
begin construction to complete critical
pedestrian routes, it is requested that $15,000
be set aside annually for sidewalk
construction. *
6. TPAC is requesting $2700 for education and
promotion of alternative transportation during
the fiscal year. A specific program proposed
by Carl Oates is attached for your reference
Because of tighter budgeting, we realize that it may not
be possible to fund all of these requests, but feel that
they are all extremely important as we face the new
challenges of motivating individuals to accept and
utilize other opportunities for transportation besides
the single occupant vehicle.
Transportation Planning Advisory Committee
January 7, 1993
page 3
Thank you for your consideration of this request.
* The Planning Department and Traffic Safety
Commission estimate the proposed new pedestrian
routes would cost approximately $300,000. A budget
of $15, 000 per year would allow the project to be
completed in 20 plus years depending on the annual
inflation rate.
snw:m%TPACUMg4.�
cc: TPAC
TSC
Bicycle Commission
Steven Hall, Public Works Director
John MacLaughlin, Acting Planning Director
Pam Barlow, Administrative Assistant
Kristen Cochran, Assistant Planner
encl: TPAC 1993 Strategic Plan (Draft)
Oates-Educational Budget
Memorandum
G4EGGa
October 16 , 1992
lla: TPAC /J//
ram: Planning Director
11�tjELt: TPAC 1993 Strategic Plan (Draft)
The following are the projects that we could adopt in a
1993 strategic plan.
1) RVTD Transit stops. This project is for seven
upgraded bus stop shelters to be installed at key
locations in Ashland. Cost: $50, 000 Funding: RVTD,
ODOT, and Ashland. Status: Nearing final approval by
ODOT, installation by early 1993 .
2) Redu ed Fare Program. This project is to reduce in-
city faves to $0.25, and to insure that SOSC Students
have free use of the RVTD system with a valid student
I.D. Cost: $88,000. Funding, RVTD, City of Ashland,
and SOSC. Status: Approved by Ashland and RVTD, pending
approval by SOSC. The $0.25 fare can continue without
SOSC involvement.
3) Ashland Bus Terminal. This project is to build a
decent multi bus line transit center in a downtown
location. Two locations have been studied: the Pioneer
Street parking lot, and the Sentry Market car wash
building. Both have advantages and disadvantages.
Preliminary design has been conducted on the Sentry Site.
Improvements to the building and site were estimated at
$100, 000, the bus stop would occupy half the space.. We_
estimate that between the property owner and the City we
can reduce the construction cost to $50, 000. Funding
options have been investigated as $8,000 ODOT, $8, 000
City of Ashland matching donation. In addition,
Greyhound seems willing to commit to a 5 year lease for
$500 a month for the ticket counter and use of the space.
This could be bancrofted by the City for another $12, 000.
Total funding: $28, 000. Talks are continuing due to the
•
gap between funds and the cost of the project. A .
reasonable goal in 1993 would be to resolve funding and
commit to the project, recognizing that
we need to
find
an additional $12 , 000.
4) Bear ,Creek Greenway to YMCA Bike Path. Cost has not
been estimated at this time, but would be substantial.
Jackson County is expected to bring the Bear Creek
Greenway from Valley View to Nevada" Street, beginning in
1993 , to be completed in 1994 . The Bike Commission is
the lead commission on this project.
The project is to place a bike lane on Oak and down "A"
Street, then construct an off-street system along the
railroad from "A" Street to Clay Street. The route has
been mapped, but the project lacks funding. The project
could qualify for ISTEA funding. Existing bike funds .
could be used for design. A reasonable goal for 1993
would be to secure approval for right of way, complete
the preliminary design and engineering, and secure
matching funds for construction, with construction in
1994 .
5) American Disabilities Act Compliance. There are
several areas in Ashland, particularly in the sidewalk
system, that need continued attention in the future. It
is expected that $10, 000 would need to be spent in 1993 .
6) Ashland Sidewalk Program. From 1880 to 1960, Ashland
almost always constructed sidewalks when improving a
street. /' From 1960 to 1990, Ashland almost never built a
sidewalk when constructing a street. This program is
designed to address the inadequate pedestrian system that
TPA%sulted. and the Traffic Safety are working on a
sidewalk plan, both groups have produced preliminary
maps. The total construction costs for the 6 miles of
sidewalk would be over $600, 000. No funds have been
committed for sidewalk construction. A reasonable goal
would be to secure permanent funding for $50, 000 worth of
sidewalk construction each year until the crucial
sidewalks are built. This would take 12 years to bring
the sidewalk system up to a minimal standard. Our goal
is to identify and commit $50,000 of funds in this budget
year. In addition, the first installment of sidewalks
(about 3 ,000 linear feet) would be built in the latter
half of 1993. Funding could be from Bicycle and foot
funds (state gas tax sharing) , Transportation Fee, and
System Development Charges.
7) TPAC should try to secure $2 , 500 in the 1993-1994
budget for public education, public awareness campaigns,
and 'marketing.
CITY OF ASHLAND
TRANSPORTATION ADVISORY COMMITTEE (TPAC)
BUDGET REQUEST
PURPOSE: To educate the citizens of Ashland and make them aware
of transportation alternatives, improvements to public
transportation, and to elicit support in reducing auto
traffic congestion. The money requested will be used
in buying display advertising in local print media, in
attachments to the Chamber 's newsletter, and in mass
mailings to households_
AMOUNT: $2625. 00 as itemized below.
Display advertising (non-profit/civic rate)
Publication Nbr. editions Amt. Total
Daily Tidings 3 $220_ $660_
Siskiyou 3 75_ 225.
LithiaGraph
(or other free) 2 60. 120.
$1005. 00
Mailings
Chamber of C. 2 $60_ 120_
insert in newsletter
Independent
mass mailings
each household 2 750. $1500.
$1620. 00
$2625. 00
Prepared by:
Carl Oates
Member, TPAC
Jan_ 6, 1993
MEMORANDUM
January 11, 1993
TO Mayor, City Council and Budget Committee
FROM TPAC
SUBJECT TPAC Budget Request For Traffic Impact
Education and Information.
The Transportation Planning Advisory
Committee requests $2, 625.00 budget support for the 93-94
fiscal year for the purpose of public education and
information. Publication ,of information to groups and
citizens defining Ashland's traffic congestion problems
and recommendations for lessening impacts would be
addressed by TPAC as follows:
Display Advertising (non-profit rate)
Publication: Nbr. Amt. Total
Daily Tidings 3 $220 $660
Siskiyou (SOSC) 3 75 225
Lithiagraph 2 60 120
(or other free)
$1005.00
Mailings:
Chamber of Commerce 2 60 120
Newsletter
Direct mail 2 750 1500
$1620.00
Total: $2625.00
January 5, 1993
Mr. Brian Almquist
City Administrator
20 East Main
Ashland, OR 97520
Dear Mr. Almquist:
I am writing this letter to you and the City Council—at the urging of our attorney Harry Skerry-
in an effort to get reimbursed for the fees we paid to apply for a bed and breakfast at 366 B
Street in Ashland.
As I stated to you over the telephone, during our entire effort to establish a bed and breakfast,
my wife and I were encouraged by the Planning Department and the Historic Commission to
proceed. We were told repeatedly by representatives of both agencies that if we followed the
rules and regulations set by the Planning Department we would eventually arrive at a juncture
when we could reasonably expect to go proceed with our plan.
Very early on in the process I spoke candidly with then Director of Planning, John Fregonese,
who encouraged me to proceed with the variance process. John told me that I had a good
chance in gaining the approval of the Planning Commission for a variance if I followed the rules.
All of which I did in good faith. However, later we were told by both the Planning Commission
and the City Council that not only was there no possibility of them granting us a variance, but
that we should never have been allowed to proceed in the first place.
We believe, and our attorney agrees, that we were mislead from the start and deserve a refund.
Our costs include $560 in fees from the City of Ashland, $910.55 in architectural charges and
$281.25 in attorney fees—all a wasted effort to comply with a variance that we had no hope of
ever achieving. We request a refund totaling $1751.80.
Thank you for your prompt attention to this matter.
Jzb!��
Steve Johnson
530 Dogwood Way
Ashland, OR 97520
'•.O4EG0�..�:
January 11, 1993
�t1D. Brian Almquist, City Administrator
ram: John McLaughlin, Acting Planning Direc r
�ltUjECt: Request from Steve Johnson for reimbursement of fees and expenses
Mr. Johnson has requested to be reimbursed $1751.80 for costs incurred in his
unsuccessful variance request for a traveller's accommodation at 366 'B" Street
(Planning Action 92-093).
Mr. Johnson has claimed that he was told repeatedly that he had a good
chance of gaining approval. As noted on the attached pre-application
conference comment sheet, Mr. Johnson was informed prior to filing his
application that:
While the application appears reasonable, the ordinance clearly states
that the primary residence on the site be at least 20 years old. The
intent of this requirement ensures that a hotel/motel is not built within
a residential neighborhood. Although this doesn't appear to be the
intent of the applicant, staff would not be able to support an
application of this nature and would recommend for denial. It is very
difficult to provide findings for a variance for a conditional use.
(underline added)
As you can see, the Johnsons were informed of the staff position early in the
process. Also, they were informed that the Planning Commission and City
Council have, in the past on very few occasions, differed with Staffs
recommendations and granted variances that would not withstand appeal, if
there was neighborhood support and the request appeared very reasonable.
The Johnsons were told they may apply, but it would be at their risk and that
staff would have to recommend denial.
It appears that the Historic Commission supported the Johnson's request,
however, they are a recommending body and do not have the power to
approve or deny planning requests.
The Planning Staff does not have the power nor right to deny a citizen the
right to file an application. We attempt to assist applicants in the process, and
once the Johnsons made the decision to apply, we tried to assist them in
preparing a complete and well conceived application. This assistance may
have been misunderstood as support for the application.
It is my opinion that the Johnsons were informed of the criteria and staff's
position from the beginning, specifically during the pre-application process,
and that they made an informed decision in pursuing this application. I do not
believe that they were misled from the start, as stated in their refund request,
but rather that they were inexperienced in the land use process and caught off-
guard by the strict legal issues that can arise.
royals shall be in conformance with all requirements of this
approvals the existing
section. .
7) An annual inspection by the Jackson County Health Department shall
be required for all travellers accommodations regardless of the number of guest
rooms. Proof of such inspections shall be provided by the owners to the City
on an annual basis.
g) That the property on which the travellers accommodation is operated is
located within 200 feet of a collector or arterial street as designated in the
City's Comprehensive Plan. Distances shall be measured via public street or
alley access to the site from the collector or arterial.
The criteria for a variance is as follows:
(1) That there are unique or unusual circumstances which apply to this site which do
not typically apply elsewhere.
(2) That approval of the application is necessary for the preservation of property
rights.
(3) That the proposal's benefits will be greater titan any negative impacts on the
development of the adjacent uses; and will further the purpose and intent of this
ordinan4e and the Comprehensive Plan of the City.
(4) That the conditions or circumstances have not been willfully or purposely
� ,t K, self-imposed.
t�2
While the application appears reasonable, the ordinance clearly states that the primary'
residence on site be at least 20 years old. The intent of this requirement ensures that a
hotel/motel is not built within a residential neighborhood. Although this doesn't appear
to be the intent of the applicant, staff would not be able to support an application of this
nature and would recommend for denial. It is very difficult-to provide findings for a
variance for a conditional use.
BUILDING DEPT: See attached comments. Obtain all necessary permits prior to
construction.
ENERGY CONSERVATION: See attached comments.
J FIRE DEPARTMENT. See attached comments.
STREETS AND TRANSPORTATION:
WATER AND SEWER SERVICE: Contact Dennis Barnts of the Water Quality Division
for further information - 488-5353.
j
Friends of Ashland
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Post Office Box 3010,Ashland, Oregon 97520
BEFORE THE ASHLAND CITY COUNCIL
IN THE MATTER OF PLANNING ACTION 192-048, A REQUEST FOR )
ADOPTION OF THE ASHLAND HOSPITAL MASTER FACILITIES PLAN ) FINDINGS,
AS A SUB AREA PLAN OF THE ASHLAND COMPREHENSIVE PLAN. ) CONCLUSIONS
APPLICANT: CITY OF ASHLAND ) AND ORDERS
--------------------------------------------------------
RECITALS:
1) Tax lot 2100 of 391E O5DB is located at Maple Street/Catalina
Drive/Chestnut Street and is zoned R-2, Multi-Family Residential. The
lot has a Comprehensive Plan Map designation of Public Facilities. The
entire tax lot is comprised of the Ashland Community Hospital Campus.
2) The applicant is requesting adoption of the Ashland Hospital Master(
Facilities Plan as a sub-area plan of the Ashland Comprehensive Plan.
3) Adoption of a sub-area plan as part of the Comprehensive Plan is a
Type III amendment, as defined in the Ashland Land Use Ordinance. Such
Type III amendments are subject to the following criteria:
Type III amendments may be approved when one of the following
conditions exist:
a) A public need, supported by the Comprehensive Plan.
b) The need to correct mistakes.
C) The need to adjust to new conditions.
d) Where compelling circumstances relating to the general
public welfare require such an action.
4) The Planning Commission, following proper public notice, held a
Public Hearing on May 13 , 1992, at which time testimony was received and
exhibits were presented. The Planning Commission approved the
application as presented subject to conditions pertaining to the
appropriate development of the site.
5) The Ashland 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 City Council of the city of Ashland finds, concludes
and orders as follows:
SECTION 1. EXHIBITS
For the purposes of reference to these Findings, the attached index
of exhibits, data, and testimony will be used.
• t
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
limn
All items introduced during the hearings process and included in
the record for this action are hereby incorporated into this
decision and made part of this record.
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 Ashland Community Hospital is an
important component of the City of Ashland, and that the provision
of health care to the citizens is a service to be encouraged and
promoted.
2 .3 The City Council finds that the adoption of the Ashland
Hospital Master Facilities Plan will assist in providing a clear
and objective document governing expansion of the hospital
facilities for the next ten years.
2 .4 The City Council finds that medically related jobs are an
important employment sector of the City, and that the adoption of
the master plan encourages the expansion and development of
additional medical-related businesses.
2 .5 The City Council finds that the Ashland Comprehensive Plan
states that medically-related jobs are well paying, service sector
jobs, and that the City shall encourage economic development of the
local resources and enhance employment opportunities for existing
residences. The Council finds that the adoption of the master plan
and ultimate expansions of Ashland Community Hospital will help
further economic development within the City.
2. 6 The City Council finds that the design standards, pedestrian,
transportation, and development sections of the Master Plan ensure
compatibility of the hospital with the existing surrounding area.
SECTION 3 . DECISION ,
3 . 1 Based on the record of the Public Hearing on this matter, the City
Council of the City of Ashland concludes that adoption of the Ashland
Hospital Master Facilities Plan as a sub-area plan of the Ashland
Comprehensive Plan in supported by evidence in the whole record, and
that the adoption of the plan meets the criteria for adoption of a Type
III amendment. Specifically, the application conforms with the
requirement to meet:
a) A public need, supported by the Comprehensive Plan.
Therefore, based on our overall conclusions, we approve Planning Action
#92-048.
Nan E. Franklin
City Recorder
SIGNED and APPROVED this day of , 1993 .
Catherine M. Golden
Mayor
BEFORE ASHLAND CITY COUNCIL
JACKSON COUNTY, OREGON
January 5, 1993
IN THE MATTER OF PLANNING ACTION #92-094, REQUEST FOR )
ZONING ORDINANCE TEXT CHANGE TO ALLOW RECREATIONAL• ) FINDINGS,
VEHICLE PARKS AS A CONDITIONAL USE IN THE E-1 .ZONE ) CONCLUSIONS
(CHANGE TO 18. 40 OF THE ASHLAND MUNICIPAL CODE) . ) AND ORDERS
APPLICATION ALSO INVOLVES A CONCURRENT REQUEST FOR A )
CONDITIONAL USE PERMIT TO ALLOW THE LOCATION OF A )
RECREATIONAL VEHICLE PARK AT THE SOUTH END OF CLOVER )
LANE. )
APPLICANT: RUDOLPH J. WERTEPNY )
-------------------------------=------------------------
RECITALS:
1) Tax lots 703 , 900, 1000, 1100 of 391E 14 are located at the south
end of Clover Lane and are zoned E-1; Employment.
2) The applicant is requesting a zoning ordinance text change to allow
recreational vehicle parks as a conditional use in the E-1 Zone and
approval of a conditional use permit to allow the location of a
recreational vehicle park on the property. Site improvements are
outlined on the site plan on file at the Department of Community
Development.
3) 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.
4) The City Council, following proper public notice, held a Public
Hearing on January 5, 1993 , at which time testimony was received and
exhibits were presented. The City Council denied the application,
finding that the proposal failed to meet the burden of proof for a Type
III amendment.
Now, therefore, the City Council of the City of Ashland finds, concludes
and orders as follows:
SECTION 1. EXHIBITS
For the purposes of reference to these Findings, the attached index
of exhibits, data, and testimony will be used.
Staff Exhibits lettered with an "S"
Proponent's Exhibits, lettered with a "P"
Opponent's Exhibits, lettered with an 110"
Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an
lima
All items introduced during the hearings process and included in
the record for this action are hereby incorporated into this
decision and made a part of this record.
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 for a zoning
ordinance text change to allow recreational vehicle parks as a
conditional use in the E-1 Zone does not meet the criteria of
approval for a Type III amendment outlined in Chapter 18. 108 .060 B.
2 . 3 The City Council does not find evidence in the record which
clearly demonstrates that there exists a public need, supported by
the Comprehensive Plan, for recreational vehicle parks in the City
Limits. The Council believes that a recreational vehicle park is
more similar to many rural uses, due to the large land area
required for the use, the lack of permanent structures, and the
relatively low number of employees generated per acre.
2.4 While recreational vehicle parks are not an allowed use within
the City of Ashland, the Jackson County zoning code allows for the
location of recreational vehicle parks as a conditional use within
the Open Space Reserve (OSR) and Interchange Commercial (IC) zoning
districts. Both such zones are within close proximity to the City
of Ashland.
2 .5 The Council finds that the proposal is inconsistent with Plan
policy and methodology for projecting commercial land needs of the
City. The project site, consisting of 7.5 acres, would generate far
less than 10 employees per acre as recommended in the Comprehensive
Plan. Testimony by owner/manager's of Holiday and KOA recreational
parks estimate a total employment of four full-time employees per
park. Consequently, the Council finds that encouraging uses which
require an extensive amount of land, while generating little
employment, will eventually put pressure on the City's compact
urban growth boundary.
2. 6 The Council finds that by allowing a recreational park at this
site, a significant amount of land with unique locational
characteristics, due to its close proximity to Interstate 5, would
be eliminated from the City's commercial lands inventory. The
Council believes this property would be particularly suitable for
businesses relying on frequent truck freight service, which require '
a location next to the freeway to avoid cross town travel.
Therefore, the Council finds that maintaining the availability of
the property for such uses would be consistent with the goals and
policies of the Economy Element of the Comprehensive Plan.
SECTION 3 . DECISION
3 . 1 Based on the record of the Public Hearing on this matter, the City
Council concludes that the request for a zoning ordinance text change to
allow recreational vehicle parks as a conditional use in the E-1 Zone is
not supported by evidence contained in the whole record. Therefore, the
subsequent requests of the applicant to adopt a new ordinance regarding
recreational vehicle park development standards, and a specific request
for a conditional use permit to develop a recreational vehicle park at
the south end of Clover Lane are also 'denied, due to the failure of the
applicant to meet the burden of proof establishing recreational vehicle
parks as an allowable use within the E-1 zone of the City of Ashland.
The Ashland City Council hereby denies Planning Action 92-094 in its
entirety.
Nan E. Franklin
City Recorder
SIGNED and APPROVED this day of , 1993.
Catherine M. Golden
Mayor
Aemorandum
., pREGO
January 8, 1993
Zo: Mayor and City Council
Wram: Ashland Historic Commission
SJUbj t ASHLAND PIONEER CEMETERIES
At our most recent Goal Setting meeting, the Commission felt there was
a need for protecting and surveying the City's pioneer era cemeteries.
We all agreed that National Register status would be a start in the
preservation of these cemeteries (Ashland Cemetery, Hargadine
Cemetery, Hill-Dunn Cemetery, and part of Mt. View Cemetery). National
Register status would allow the City to apply for grants to help defray the
costs of protecting and preserving the cemeteries.
Kay Atwood, at the request of the Historic Commission, offered her
opinion on meeting National Register criteria. (See attached letters.) Her
research showed a state and national interest in this project and a
possibility of meeting criteria in several areas -- historically significant
individuals, mortuary art and landscape significance.
Please take a self guided tour of these properties. You will see names
like Helman, Applegate, Hargadine and Dollarhide, and you will see
exceptional mortuary art, surrounded by some of the most beautiful trees
in all of Ashland.
We can all agree on the historic importance of these properties for the
City of Ashland; we now have to plan for their preservation.
We ask for your support in helping us place said properties on the.
National Register of Historic Places. We feel this would be an excellent
addition to the other City-owned register properties (Reeder Gulch
Powerhouse, Lithia Park and the Women's Civic Center), and would also
be the start of an overall plan for the preservation of these cemeteries.
Thank you for your consideration.
October 20, 1992
Jim Lewis, Chairman
Ashland Historic Commission
Ashland City Hall
Ashland, Oregon 97520
Dear Jim:
At the Historic Commission's request, I investigated various aspects
concerning a possible nomination of the Ashland Cemetery to the National
Register of Historic Places. The Commission is to be commended for
considering important measures to recognize and protect this vulnerable
resource.
As you know I completed the National Register nomination of the
Eastwood/I.O.O.F. Cemetery for the City of Medford a few years ago. The
primary advantage of listing the Ashland Cemetery is that National Register
status is required for the resource to be eligible for grant funding to
develop a Protection Plan for the cemetery. The Protection Plan, such as the
one for the Jacksonville Cemetery, would assist with creating solutions to
vandalism problems, with proper repair and restoration of grave monuments, and
with preparation of long-range landscaping and improvement plans. The
thoughtful care of these fragile graveyards is important and timely.
I contacted Elisabeth Potter of the State Historic Preservation Office in
Salem and asked for her comments regarding the project and possible multiple
property submission to include at least three Ashland area cemeteries --
thereby accomplishing the same goals for the entire group -- Hill-Dunn
Cemetery, Hargadine Cemetery, and Ashland Cemetery. (Part of Mountain View
Cemetery might also qualify). She replied, in part:
"The submission could be Pioneer Cemeteries of Ashland, Oregon
and the premise would be that the intact burying grounds developed
between the 1850's and 1900 reflect to a significant degree the
settlement patterns of the central Bear Creek drainage by their place-
ment geographically, topographically and by the graves of the early
settlers -- especially those such as Lindsay Applegate's, who
participated in the opening up of new emigrant routes to western
Oregon." .
Jim, in response to your specific question about cost -- I would estimate that
preparing the multiple property nomination for the four cemeteries -- the most
efficient and effective procedure -- would cost approximately $4500-$5000.
Photographs are required in addition, but their cost might be defrayed by
volunteer help or by donations. The typical amount for an individual
nomination is approximately $1500, so that combining the four properties into
one nomination would save funds.
Pioneer cemeteries -- those preceding the memorial park movement of the
1920's -- are extremely significant reminders of our early development
patterns. They will never be duplicated or replaced, and the monument art
contained within them offers distinct examples of 19th century craftsmanship.
Their landscape character, too, reveals much about 19th century conditions. As
we know too well , vandalism, the elements, and time, combine to threaten these
resources. The City of Ashland has nominated two other properties to the
National Register -- the City Power Plant and the Women's Civic Club. Their
support of this project would be an important first step in insuring the
present care and future of the cemeteries.
Please call me if you have any questions.
With all best wishes,
Kay twood
102 South Pioneer
Ashland, Oregon 97520
October 6, 1992
Jim Lewis, Chairman
Ashland Historic Commission
Ashland City Hall
Ashland, Oregon 97520
Dear Jim: .
After last month's meeting I sent a letter to Elisabeth Potterof the State
Historic Preservation Office regarding the eligibility of the Ashland Cemetery
for nomination to the National Register of Historic Places. My letter
included an inquiry considering the possibility of a multiple resource
nomination which would include additional Ashland area cemeteries.
Late last week she responded with a very encouraging letter regarding both
questions, suggesting that a multiple resource nomination could result in the
addition of these significant historical properties to the National Register
of Historic places. As we discussed at your September 2, 1992 meeting,
placement on the Register would enhance these resources' eligibility for
funding to support projects for care and restoration as well as methods to
mitigate and/or avoid vandalism damage.
Her letter arrived just after the deadline for me to be included on the agenda
for the October 7, 1992 meeting. At Sonja Ackerman's suggestion, I am
submitting this letter as an informal report. I would be happy to meet with
representatives of the Historic Commission and City Staff to discuss the cost
of producing the nomination and to answer any additional questions.
I look forward to hearing from the Commission regarding proceeding with the
project. Thank you very much for your support of these vulnerable and highly
significant historic resources.
With all best wishes,
Kay Atwood
102 South Pioneer Street
Ashland, Oregon 97520
` � Emarttn >r� �tm
'•,OREGO ,.
January 12, 1993
�+II• Mayor and City Council
rIIm• / ick Wanderscheid
�1thjPd- WATER CONSERVATION PROGRAM UPDATE
Introduction
Brian indicated he felt it would be helpful to update the Mayor and Council
on the current status of the City's Water Conservation Program and give
some projections about our future activities.
Background
The Council's adoption of the SRC Water Demand Side Resource Study on
April 7, 1992 officially made water conservation programs City policy. As
you are aware, the SRC report recommended the four following programs
which will, when implemented, provide in excess of one-half million gallons
of water per day. These programs are: 1) system leak detection and repair;
2) conservation based water rates; 3) a showerhead replacement program;
and 4) a toilet retrofit and replacement program.
The Water Conservation Program
On July 1, 1992, our water conservation programs were started. Due to
the drought and impending possibility of water rationing, interest in the
program was intense, to say the least, and we immediately had a backlog
of customers desiring a water audit. As of January 10, 1993, we have had
a total of 782 buildings signed up for water audits. Since beginning our
program, we have audited 247 buildings and now have 535 people currently
awaiting a water audit. Of the 247 buildings visited, measures were
installed in 210 buildings, while an additional 11 buildings have not been
totally completed. In 26 buildings, we were not able to install measures for
various reasons. This makes our penetration rate for the program so far at
89.5% (221 buildings done/247 buildings visited). This is an extremely high
rate and exceeds the 85% rate for which we had hoped. Keep in mind that
this means that at least one measure was done in 89.5% of the buildings,
not that 89.5% of all plumbing devices have been retrofitted.
As with all new programs, we encountered start up and learning curve
problems which have been pretty well worked out at this point in the
program. We have also discovered a couple of new toilet devices which
give us more options with which to retrofit toilets and in some cases, are
less costly to purchase.
FY 92-93 Budget
In FY 92-93, we budgeted $20,000 for water conservation and $10,000 for
system leak detection. As with any new program, we had a lot of first year
start-up costs for equipment and supplies, some of which will not be
incurred again. Also, because of the drought, we had a higher demand for
our program than we anticipated.
As a result, one portion of the program, the $75 toilet rebate, was
suspended in November because funding was exhausted. This program
provided $75 toilet rebates for 69 toilets before it was suspended. As of
this date, 11 residences, where 14 toilets were replaced, have been put on
a waiting list and come July 1, 1993, they will be paid for the toilets they
already replaced.
Also on July 1, when the rebate program is restarted, the rebate will drop
to $60. This is because the data (i.e. toilet invoices) provided in the
program so far indicated that many people were installing toilets for less
money than the rebate. Also, with the new Oregon Plumbing Code
requirements of 1 .6 gallon per flush toilets, these prices should continue to
drop. Therefore, we feel that the $60 rebate will continue to be an
attractive incentive for our citizens and also allow us to acquire the
conservation resource more cost efficiently.
The Public Works Department has indicated it just received the first report
on its leak detection program, and will expend the entire $10,000 budgeted
by June 30.
FY 93-94
The proposed FY 93-94 budget amounts are $30,000 for water
conservation and 510,000 for leak detection. The 510,000 will allow our
systematic leak detection program to continue next fiscal year. _ The_
$30,000 should also be adequate to operate the Water Conservation
Program full tilt in FY 93-94. We project this for the following reasons:
1 ) We already have nearly 500 toilet retrofit devices on hand.
Therefore, we will not have to purchase as many as in the initial year.
2) We have discovered some additional toilet retrofit devices which are
less costly and also give us more options so more kinds of toilets can
be retrofitted.
3) BPA now supplies us showerheads and faucet aerators so we do not
have to purchase them out of our Water Conservation budget.
4) The reduced toilet rebate of $60 will allow that money to be used
more cost effectively.
5) Initial equipment and miscellaneous supplies will not have to be
purchased.
6) We have an additional $10,000 budgeted for next year.
Long Range Plans
The Water Conservation Programs are scheduled to be completed over a ten
year time frame. We presently have a total of 4,666 residential buildings
with water accounts as of January 6, 1993. We have 1,185
commercial/industrial water accounts.
In order to complete audits on a ten year completion schedule, we envision
the following audit production rate:
# Res Audits (Bldgs) # Comm/Ind Audits
FY 92-93 375 20
FY 93-94 450 40
FY 94-95 500 50
FY 95-96 550 120
FY 96-97 550 150
FY 97-98 550 150
FY 98-99 550 150
FY 99-2000 500 150
FY 2000-2001 336 175
FY 2001-2002 300 180
TOTALS 4,666 1,185
This pace allows a gradual ramp up over the next few years to full-total-
audit production of 700 audits by FY 96-97.
We feel that this ten year schedule is the best overall plan for the City
because of the following reasons:
1) A stable long term program will enable us to acquire this water
resource in a timely manner and deliver it when the resource is
needed.
2) It will enable us to use City personnel to deliver the program. This
approach has accountability benefits and also ensures that thorough
audits will be performed by City personnel who are well trained and
fully capable of explaining all water related issues. It also provides
a quality educational experience during the audit process. This
approach results in very good customer service benefits.
3) Expenditures out of the water utility funds are predictable and stable
and thus do not have as large rate impacts as accelerating the
program over a shorter time frame.
4) Accelerating the program not only causes larger yearly rate impacts
to fund the conservation measures, but also the reduced water
consumption reduces water revenue prior to actual need for the
additional water resource. This further aggravates the water utility
fund problem.
5) BPA funding of the showerhead/aerator program at present is limited.
Our present proposed rate of acquisition can allow total funding of
the showerhead program by BPA. If we were to accelerate to a
faster rate, the showerhead portion would have to be paid for out of
City funds, as we would lose the administrative reimbursement from
BPA if we proceeded at acquisition levels higher than allowed under
BPA funding.
6) Since we feel strongly that City personnel (and not contractors)
should be operating this program, trying to ramp up the program by
hiring additional City personnel is very difficult because of space
limitations. We physically have no more room in the Community
Development Department for more personnel. This is further
compounded by the fact that implementation of the aggressive
Electric Energy Local Conservation Plan as adopted by the Council
will probably require additional Staff increases for our Electric
Conservation Programs. We have no room for more people in our
present situation.
Conclusion
For all of these above reasons, we feel that the long range plan as
envisioned above is the best mode of operation for the City. While we do
have a big backlog of customers awaiting water audits, the ramp up of our
program should be able to service a great percentage of this backlog by the
end of calendar year 1993. Also, it appears that water conditions are such
that water supplies will be more than adequate for the summer of 1993.
This should ensure that people will not be signing up for audits at anywhere
near the pace of last summer when we were in the water curtailment mode
of operation.
I will be at the City Council meeting to discuss this issue and answer any
questions. As always, if you desire more information or want to discuss
this prior to the meeting, give me a call at 488-5306.
MEMO
TO: Mayor and City Council FROM: PHIL ARNOLD, BICYCLE COMMISSION LIAISOP
RE: Southern Pacific Area Bikeway
Attached are copies of the Bikeway Master Plan map. from the
Ashland Comprehensive Plan and a map of the proposed bikeway as
recently submitted for a federal grant. While this bikeway does
not have a name (and I don't like the one I have given it above)
I refer to it by the SP area bikeway name so that all can
understand what I am talking about.
Greg Williams and the Bicycle Commission did 'a lot of work
on this proposal while Greg was chair of the Commission. I have
done some work on the proposal, along with the other members of
the Bicycle Commission and I am sharing this with you primarily
for informational purposes, but also to be sure that all of you
remain in agreement with what has been done so far. As you can
see, the proposal runs on land owned by the City, Southern Oregon
State College , Ashland School District #5 , Ashland Parks
Commission, and the cemetery. I have met with several of our
department heads and the administrator concerning the City owned
property. I have met with Ron Bolstad concerning the SOSC owned
property. I have met with officials of the school district and
have talked with the Superintendent concerning the school
district property. I met with Ken Michelson concerning the Parks
property. The school district , SOSC and Ken have pledged their
support and voiced their enthusiasm.
We recently submitted this proposal for a federal grant.
Although we have not received a ruling yet, Pam Barlow advises me
that the proposal has been well received. Pam has a copy of the
proposal if any of you want to review it.
ACTION REQUESTED
Although no specific action is requested at this point,
given that the proposal is a part of our Comprehensive Plan, I
think it is important that we reaffirm our committment to the use
of the City property involved.
I think we should also send a letter to BPA during the
comment period concerning the substation siting advising them
that this plan is a part of our Comprehensive Plan and that if a
substation proposal is to be considered on the City property
adjacent to the Council Chambers, that the proposal must allow a
minimum of 12 feet for the bicycle path.
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City Attorney
City of Ashland
(503) 482-3211, Ext. 59
MEMORANDUM
January 14, 1993
TO: Mayor and City Council
FROM: V./ Paul Nolte
SUBJECT: Proposed Newsrack Vending Ordinance - amendments to accommodate
free publications
In my memorandum to you dated December 21, 1992, an amendment to §13.24.060
was proposed which related to the locations of newsracks in order to accommodate
free publications. Further discussions with the three local free news publication
publishers indicate that the following amendment is more acceptable:
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.
When requesfe�l#a do so by ari'y news publicatEtah dtstr��tted fr`8e•ctf Charge;;
the City;4dminlstrat4rshah purchase anw3 tnsts�ll; atthe Cj +'s esc>Snse„up
three newsracks at each of the loliow)ng;locat�caris, fOr:us� by Views pubTiC�ti
drstnbted freeoi'charge The ne�rsracks shalt pe resta�ed snscteh� rlr�et
#o be pro#ectec #rom#Ye elerr�ents, #o the e�ctent feasjble ;Maint�e��hall.6�i
t11e re�ppriSit7�lity caf the:k�eWS l7tJbUCatlonus)n�ft1;t« newsrac;�; �.
8 1R tte 9Q bldck of North Maiza5treet
9 to tte Ptaza k�lpck on,the west;side t3f t�lgrth l~ttain Stye
A in the��ty#gall block to the s'tsuth sjde oaf fast M�ir� Strer��'
1 In the 3E>E? Black pf East Malrl ran the ngrth s[dE
(P:ordlnews-cn3.mem)
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:
Chapter 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 gharantees
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:ord\newsrsck.(d)(Dccember21. 1992)
13 . 24 . 020 Definitions.I 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.
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 o€' 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:ordlnewsmck.fd)(Decrniber21. 1992)
newsracks and the use of the public right-of-way as a
thoroughfare and passageway for pedestrians.
eB Su .3eet to tise,requxrements of,'no ice and hearing as
pro in sectzon 13;.24 . 300,: If ...the City Administrator
determines that any 1. 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.
whsn equested o do etr by and Mews pUbL cat ait, d�sr-XI 4-BRA.,.,
of 'charge? the City Administrator shall purchase and asstallr at
the pity's eperise, up t e r thxee newsy ecks at each o the
:...,
following;: locations, ;fflr use :by news publications dxstrxkauted
:..:..
free of cliaxge the riewsraeks shall be installed z such a
manner to be protected from .the eleiaents, to the extent feasible
Maintenance s A be else responszb.Vl ty o the hews puts zcss icr
using - newsrack,;:
S. ..Tn 'the•90 block of. Narth Bain Street
S. xh the Plaza block on the west side o :No7tth Main
w ,
lfl in the,. ity Hall rilock ,on .the south side of fast'
.. ..:.
Main Street .
.............................................
33 zn the 300, block of East ma: 4i,on`>the na;CtYt sae
....
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;
PAGE 3—ORDINANCE (p:ordlnewsrack.(d)(Decunber2l, 1992) '
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;
h. Within five feet ef 1 bus beneh—I
Ih. 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 ,. Within three feet of any area improved with
lawn, flowers, shrubs or trees; or within three :feet 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;
key!. At any location where the newsrack causes,
creates or constitutes a traffic hazard;
-1k. At any location where the newsrack
unreasonably obstructs or interferes with free ingress or egress
to or from abutting property;
kl. Where the newsrack will endanger persons or
property;
fi 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 inventory without opening the box NQw9adX9 d:t�p�rssars
publcation$ free of charge need not have a door and stay b¢ ina
o heeavy gauge wxe -. ..
" B No newsrack shall exceed 26 inches in .width, 18 inches
in thickness or 51 inches in height including its base. Stacked
newsracks shall not exceed 50 inches in height including the
base.
PAGE 4-ORDINANCE (p:ordlnmsrack.fd)(Darntber2l, 1992)
C. Each newsrack containing publications for which there is
a charge shall be equipped with a coin-return mechanism to permit
a 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
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 in eeler
6F. Newsracks shall either have an enclosed base or free
standing pedestal base. The base shall be securely fastened to
the ground or wall. At such;' 1oetotts where the GLGy:7tty px �tLde.
a .pdesta , newsracks shall be mounted on;,the pedestal, as. sgace`
pexlnxts,
....:.....
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.
PAGE 5-ORDINANCE Nord\ncwsmck.fd)Q)ccrndxr 21. 1992)
insert, shall be white in eeler.
�H. 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.
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 may be, 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,
PAGE 6-ORDINANCE (p:oWk.n .ckld)(Dmwixr21. 1992)
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
shall have 3-00 days 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
1993 .
Nan E. Franklin
City Recorder
SIGNED and APPROVED this day of 1993 .
Catherine M. Golden
Mayor
Approved as to form:
Paul Nolte
City Attorney
PAGE 7-ORDINANCE (p:ordknmsmck.fd)(Dccanbcr21, 1992)
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.
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:OfdUs..wss.Ofd)
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 (p:ord(.s=..ord)
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:ord\ussess.urd)
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 woN\asms.md)
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. Action 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
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:ordka. ss.ord)
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 0:ordWsess.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 (p:amus.. ,sxrd)
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:ordUssess.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 (p:aoamsxss.am)
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 reassessments.
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 q:uraVsvcrs.ara)
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
Approved as to form:
Paul Nolte
City Attorney
PAGE 11-ASSESSMENT ORDINANCE vormaxs"s.ord)
JOHN W. NICHOLSON
1575 GREENMEADOWS WAY
ASHLAND, OREGON 97520 January 5, 1993
To the Mayor and Members of the City Council
City of Ashland , Oregon 97520
Re: Due Process Procedures when Revising Ordinances
When the City is completely revising an ordinance, there
should be wide-spread public notice and public hearings . There
should also be adequate time between the notice and':.any public
hearing so that citizens who feel their rights are affected
have time to formulate and communicate views to the City Council .
The proposal to revise the "Local Improvements and
Special Assessments" (LID) chapter of the City Code does not
meet minimal due process procedural standards. The public
notice was on Saturday, December 26, 1992 (the day after
Christmas ) . The notice indicated that there would be a first
reading of the ordinance "by title only" at the Council
Meeting on January 5 , 1993 . I was informed at City Hall
that there would be no public hearing on the proposed revis-
ions to the LID chapter.
Though the provisions of the LID chapter have the
potential to affect every property owner in the City, I
doubt that even 1% of those individuals are aware of the
proposed LID changes . Accordingly, the Council is urged
to defer action on the LID chapter until there has been
further public notice and a public hearing on the matter.
In addition, the Council is urged to establish due
process procedures for the handling of such issues in the
future. The essence of due process is the protection of
citizens from arbitrary and unreasonable government action.
My comments on the proposed changes to the LID chapter
are in a separate letter .
JOHN W. NICHOLSON
1575 GREENMEADOWS WAY
ASHLAND,OREGON 97520 January 4, 1993
To the Mayor and Members of the City Council
City of Ashland, Oregon 97520
Re: City Code on "Local Improvements and Special Assessments"
The ordinance revising the "Local Improvements and Special
Assessments" chapter of the Ashland Municipal Code should not be
adopted with the wording proposed recently by the City Attorney.
Voting - Section 13 . 20.040(C) ( 1 ) (e) of the proposal reads as fol-
lows : "The notice shall contain. . .A statement that failure to object
to the creation of the district is considered as a favorable response
to its creation. " Persons who do not favor a local improvement dis-
trict (LID) may not formally oppose the LID for valid reasons; ill-
ness , a temporary absence, failure to understand a notice, etc. do
not justify counting nonvoters as "YES" votes .
Approval of an LID should be based on formal "YES" votes of
both a majority of the property owners and a majority of the property
affected by the LID.
Oregon 's Bill of Rights - Approval of a LID also creates a special
assessment tax. Doesn 't counting nonvoters as "YES" violate Oregon 's
Bill of Rights that "No tax or duty shall be imposed without the con-
sent of the people or their representatives in the Legislative As-
sembly. . . "? [See Article I , Section 32 of Oregon ' s Constitution. ]
The Ashland City Council is not Oregon ' s Legislative Assembly.
Additional Comments
(a) Optional provisions 1 and 2 under Section 13 . 20. 030(B) should be
mandatory provisions.
(b) The "notice of hearing" period should be thirty days. A ten-day
period is not sufficient if property owners want to organize in
opposition to or in favor of an LID. [See Section 13. 20.040(A) ] .
(c) Notices should be placed in "all" newspapers not just "a" news-
paper of general circulation within the city. Some residents get
The Daily Tidings, others read the Mail Tribune, while others
rely on give-away newspapers . [See Section 13 . 20.040(B) ] .
(d) Section 13 . 20. 040(D) should be eliminated as should similar
provisions elsewhere in the ordinance. Absolving the city bur-
eaucracy from accountability for mistakes, errors, omissions ,
and failures impairs the interests of the general public.
(over)
(e) The Council can overrule an affirmative vote on a LID under
Section 13 . 20.050(B) . Does the ordinance also allow the Council
to overrule a majority negative vote and to impose a special
assessment in contravention of that negative vote? How are such
departures from the majority-rules concept justified?
(f) Under Section 13 . 20. 050(C) , why is a two-thirds rather than a
51% negative vote required to suspend an LID? Why have a sus-
pension for only six months? The absence of a majority "YES"
vote should nullify an LID.
If the Council wants to proceed with an improvement despite a
failure to obtain a majority affirmative vote, the Council should
seek financing from other sources and not use the LID process .
(g) Materiality guidelines for dealing with modifications of an LID
should be included in Section 13 . 20. 050(D) . Significant modif-
ications should get the same treatment a new LID. Minor modif-
ications could be treated under the proposed provisions.
Lincoln ' s description of democracy as government of, by, and
for the people is as relevant to Ashland in 1993 as it was to the
U. S.A. during the Civil War. The proposed ordinance on LIDs flouts
long-established concepts of democracy and erodes the voting rights
of citizens . The proposed ordinance should be rejected by the Council .
Sincerely yours ,
ORDINANCE NO.
AN ORDINANCE MODIFYING POLICY X-3-h OF THE ASHLAND
COMPREHENSIVE PLAN (Transportation Element - Street Dedications and
Design), TO ENCOURAGE INTERCONNECTED STREET.NETWORKS AND
DISCOURAGE CUL DE-SAC OR DEAD END STREET DEVELOPMENT.
(Planning Action 92-148)
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Policy X-3-h of the Ashland Comprehensive Plan, Transportation Element,
Street Dedications is modified in its entirety and adopted as follows:
"Interconnections between residential neighborhoods shall be encouraged for
automobile, pedestrian and bicycle traffic, but non-local automobile traffic shall
be discouraged through street design, except for arterials, collectors, or sub-
collectors. Cul-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."
The foregoing ordinance was first read 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
A ve as f n:
Paul N Ite
City Attorney
1
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
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ORDINANCE NO.
AN ORDINANCE ADOPTING THE ASHLAND HOSPITAL MASTER
FACILITIES PLAN AS A SUB-AREA DEVELOPMENT PLAN OF THE
ASHLAND COMPREHENSIVE PLAN.
(Planning Action 92-048)
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The Ashland Hospital Master Facilities Plan is adopted in its entirety as
indicated in Exhibit "A", as a sub-area plan of the Ashland Comprehensive Plan.
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 11993.
Catherine M. Golden
Mayor
A wved as to form:
Paul Nolte
City Attorney
1
t
Exhibit "A"
MASTER FACILITIES PLAN FOR
ASHLAND COMMUNITY HOSPITAL
MASTER FACILITIES PLAN FOR
ASHLAND COMMUNITY HOSPITAL
Prepared by: .
Broome, Odngdulph, O'Toole, Rudolf, Boles A Associates, PC
Robert H. Belcher, AIA
Beverly Bookin, AICP
,,,, June 1991
I. INTRODUCTION
In February 1991, Ashland Community Hospital (ACH) retained Broome, Oringdulph,
OToole, Rudolf, Boles & Associates, PC (BOOR/A), a Portland architectural and interior
design firm, to prepare and assist in obtaining public approval for a master facilities plan
for the hospital's 6.5-acre campus in Ashland, Oregon. In conjunction with this, the City
of As is considering the adoption of a medical center zone, similar to the special
college zone adopted for Southern Oregon State College several years ago.
To formulate this plan, the consultants have undertaken the following tasks:
• Identified the need for hospital modernization/expansion based on priorities
established in the Ashland Community Howital Strategic Plan .(Brim
Healthcare, Inc., 1990)and an internal needs assessment survey conducted
by the consultants*;
• Determined portion of the campus needed to accommodate proposed
hospital expansion as well as related future medical facilities including
medical offices, free-standing outpatient facilities, residential care facility
and/or on-site parking.
• Formulated short-term (three-year) development plan including proposed
hospital modernization/expansion, construction of private physician offices,
reconfiguration of on-site parking and circulation, and preliminary location(s)
of landscaping, pedestrian amenities and signs.
• Developed long-term strategy for acquisition of additional property.
The next steps in this master planning process include:
• Obtain public land use approval of the'plan either as a conditional use** or
as part of a comprehensive plan/zone change to create e' new medical
center zone.
• Undertake preliminary architectural design of specific building projects and
on-site improvements.
* This element of the plan is referred to as the internal facilities plan.
** Hospitals are a conditional use in the underlying mull-family residential (R-2) zone.
11. BACKGROUND
Existing Activity. A publicly-owned and operated facility founded in 1906, ACH provides
primary medical care to the residents of Ashland and nearby communities of Phoenix and
Talent. Services include routine adult medical/surgical, obstetric and pediatric inpatient
care; emergency room services and a variety of diagnostic and therapeutic outpatient
services.
ACH is currently licensed for 49 inpatient beds. In 1990, the hospital reported nearly
1,350 inpatient admissions, 250 births, 1,200 inpatient and outpatient surgeries, 6,700
emergency room visits and 14,500 outpatient visits. ACH has an employment force of
nearly 200 and a medical staff, i.e., those with admitting privileges, of 56.*
With the completion of its strategic plan in 1990, the hospital articulated its future mission:
1) increase technological sophistication and medical staff specialization within a primary
care setting, and 2) provide a broad range of diagnostic and treatment services to
residents of Ashland and surrounding communities, thus, minimizing the need to obtain
medical services outside the community..
Location. As illustrated in Figure 1, ACH is located in the northwest portion of the city
at the intersection of Maple Street and Catalina Drive, two blocks west of North Main
Street, Ashland's main arterial. It lies approximately one mile north of the city center and
two miles from 1-5, the regional interstate highway serving westem Oregon.
Existing Campus Development. As illustrated in Figure 2, ACH's 6.5-acre campus is
bound on the north by Maple Street, the east and south by Catalina Drive, and the west
by Chestnut Street. The site slopes moderately from 2,115 feet (above sea level) in the
southwest comer to approximately 2,070 feet In the northeast comer. Because of the
terrain, the southwestem portion of the site, which is currently vacant, is the most
constrained for future development.
Containing approximately 41,500 gross square feet (gsf), the existing hospital building
consists of a main floor and a partial walk-out basement. In a recently-completed
addition; the front entrance has been reconstructed at an angle to face directly onto the
intersection of Maple and Catalina, providing maximum visibility for hospital-bound traffic.
Two other major entrances, to outpatient services and the emergency room (ER),
respectively, lie to the west along Maple. Minor entrances to the building are located on
the east side into the cafeteria and inpatient unit, and on the west side near the
* Source: Annual Report for Oregon Hospitals, 1990 (Oregon Office of Health Policy).
surgical suite and obstetrics unit, respectively; these are generally used by staff and
physicians.
Taking its major access from Maple Street, the hospital's main parking lot is located on
the east side of the site, flanking Catalina Drive*; this lot accommodates outpatients,
visitors, and some physicians and staff. The lower portion of this lot is also the major
service entrance for all food and non-food deliveries; truck traffic related to these
deliveries conflict with patient and visitor traffic.
A limited amount of outpatient and emergency parking is available to the west on Maple;
ambulances also enter the site at this point. A staff parking lot lies further to the west.
Currently, no on-street parking is permitted on streets adjacent to the hospital. A small
facilities building located on this parking lot is the only other building on the campus at
the current time.
Existing development, including all structures, paved areas and sidewalks, covers 45%
of the site.
Surrounding 999L/—Zoning. ACH is located in a.mixed use area, as illustrated in Figure
3. The hospital lies within a large area zoned for multi-family residential (R-2)
development, and is flanked by two pods of single family residentially-zoned (R•1)
property, located to the southwest and northwest, respectively.
Private physician offices dominate land uses on the north,across Maple from the hospital.
Further to the east lies a large residential care facility which incorporates additional
doctors' offices. On the east side of the site, across Catalina, lie several small houses
and garages, interspersed with vacant lots. This area is considered the most likely to be
redeveloped for future hospital expansion.
On the south side of the hospital across Catalina lies another private medical clinic and
several apartment buildings. Immediately to the southwest lies an apartment complex and
several single family residences. A couple of single family residences and a residential
care facility lie directly to the west ac ross,Chestnut Street. The area to the northwest and
further to the west is residential in character.
In general, the uses flanking the hospital's main access, that is, MapiwStreet and the
eastern portion of Catalina Drive, is mixed use in character, containing a variety of
housing — single family, townhouses, apartments — and medically-related uses —private
physician offices and residential care. The other roadways bounding the hospital,
Chestnut Street and the southern portion of Catalina, are more residential in character.
*.. For a more detailed discussion of parking and circulation, see discussion below.
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3. SURROUNDING USES/ZONING
PROPOSED MASTER PLAN
Campus Design Concept. The hospital has two distinct zones: the "public' zone,
including the main, outpatient and emergency room entrances, where access by the
public is welcomed and encouraged, and the 'private' zone, including surgery and
inpatient units, where public access is restricted to protect the privacy of inpatients,
reduce noise, and promote infection control.
The campus has the same public/private configuration. The campus 'front door' Is
located on the northeast comer of the campus at the intersection of Maple Street and
Catalina Drive. As noted above, the main entrance Is set at an angle facing this
intersection so that it is immediately visible to hospital-bound traffic approaching the site
from North Main via Maple Street. Other public access.points, the outpatient and
emergency room entrances further west on Maple, are in dose physical proximity to and
visible from this main entry point. Public parking has been developed along the Catalina
and Maple margins of the site, thus, providing, patients and visitors with safe and
convenient access to all of these entries.
Even privately-owned physician office buildings along the southeast side of Catalina and
on the north side of Maple are oriented so that the main entrance to the hospital is visible.
Thus, the public zone of the campus has already been defined as that portion of the
campus along Maple and the eastern segment of Catalina.
The private zone of the campus is located in the southwest'comer surrounding the
Inpatient units. Ideally,to promote patient privacy.and serenity,the pleasantly landscaped
character of this area should be preserved and public uses, with their attendant heavy
traffic and noise, should be disomraged. The designation of the campus into public and
private sectors has the added benefit of minimizing hospital4elated traffic on Chestnut
Street and the southern portion of catalata, which are more residential in character than
the area to the east and north of the hospital, which is In mbced uses.
ProposedActiv tv Zoning. Figure 4, Proposed Activity Zoning, describes the ultimate
use of campus property by assigning general areas to hospital expansion, related free.
standing hospital development, private physician offices'and parking.
Ensuring that there is adequate space on the Campus to accommodate hospital expan-
Sion Is of the highest prkuity. Such expansion is dictated both by.Internal factors—need
to maintain departmental adjacencies,a rational internal circulation system—and external
factors such as topography. Based on these considerations, several expansion zones
for the hospital to the east, north and west are identified in Figure 4.
The northwestern portion of the site is reserved for private medical offices and. related
parking. It is important that these offices be located in close visual and physical
relationship to. the hospital to facilitate patients' use of hospital-based diagnostic and
treatment services. This configuration also permits vehicular access to be provided via
Maple, which is the major arterial serving the campus. Development of the south-western
portion of the site is constrained by topography and the need to protect in-patient units
from noise and other intrusions. Therefore, this portion is reserved for a small residential
care facility; a low-traffic, free-standing hospital-related use (i.e., administrative or storage
uses); or open space.
The area lying on the east side of Catalina Drive is identified for potential future devel-
opment including additional physician offices; a larger-scale residential care facility than
can be accommodated on the southwest corner of the campus; and/or free-standing
hospital use, e.g., community education center or fitness facility. The hospital has not yet
acquired this property.
Proposed Short-term Development. The. short-term development plan for ACH is
presented in Figure 5. As contained in detail in the internal facilities plan, five extensions
of the hospital are proposed (n likely order of construction for surgical services/
emergency room, purchasing/stores, physical therapy, obstetrics and administration/
dietary services, respectively. A sixth area, to accommodate a new medical/surgery unit,
is of lower priority. Increasing total space by 50%, construction of these additions will free
sufficient existing space to permit the expansion of same day surgery, radiology,
emergency room, pharmacy and medical records. All of the above projects have been
identified as priorities in the hospital's strategic plan and/or needs assessment. The
timing and funding for this.expansion/ renovation has yet to be been determined.
It is also proposed that up to four medical office buildings (MOBs) be constructed along
Chestnut in the northwestern portion of the site. In the first phase, two 2-story buildings
connected by a common lobby and elevator have already been approved by the City (PA
90-028) and are slated for construction in the near future. Containing approximately
12,000 gsf, these MOBs will accommodate 12 physicians. The sites for two more MOBs,
one on each side of the already-approved complex, have also been selected (see Figure
5). If constructed, these will provide offices for 6 - 12 more physicians, depending on
whether the buildings are one or two stories.
Parking for all of these buildings will be incorporated into the reconfigured west parking
lot; because the proposed design is more compact, the west lot will contain more parking
spaces, 58 compared to the current 48, and yet cover less land. Access to this portion
of the site will be provided via Maple Street An existing facilities shop/storage area will
be demolished as these functions will be incorporated into the new purchasing/storage
facility described above.
The short-term development plan also contains the proposed location for additional
landscaping. The,latter is proposed to 1) create amore pleasant environment throughout
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the campus for patients, visitors, employees and physicians; 2) throughout parking lots,
to visually minimize the impact of extensive paving and pro-vide summer shade; and 3)
along the east side of Chestnut and the north side of Catalina, to buffer hospital activities
from nearby residential development.
With the construction of all proposed hospital additions (containing 21,500 gsf), Phase 1
MOB complex (with a first-floor footprint of 5,900 gsf), and the reconfigured west parking
lot, total lot coverage on the site will equal 55%. A slight increase in lot coverage to 56%
will occur if both Phase 2 MOBS are constructed; this is well within the current maximum
lot coverage requirement of 65% contained in the zoning code for a use in the R2 zone.
At this rate, the hospital could construct up to another 30,000 gsf of ground floor, devek
opment before reaching the maximum development capacity of the site.
Parking and Circulation. Based on the zoning code requirement of two parking
spaces/licensed bed, ACH is required to maintain 98 on-site parking spaces. Currently,
the hospital has on-site parking for 167 vehicles including 111 spaces in the main lot on
the east side of the hospital, eight spaces in the ER/outpatient entrance lot, and 48 .
spaces behind the hospital and in the west parking lot. Primary access to the site is
provided via Maple Street, where there are seven driveways: three into the main lot, two
into the ER lot, and two into the west lot. A secondary access is provided to the main
lot via the eastern portion of Catalina Drive.
The current parking and circulation system results in several problems:
Frequently, the main lot is full, creating an inconvenience for patients, visitors, staff
and physicians who attempt to park there. At the same time, the west lot, which is
designated for staff and physicians, is under-utilized.
There is inadequate parking in the ER lot to accommodate both patients using the
emergency room and outpatients using the outpatient entrance to the hospital.
All food and.most non-food deliveries are made to the loading dock on the lower level
on the east.side of the hospital. To reach this dock, trucks must traverse the lower
portion of the main parking lot; this results. in unnecessary congestion and is
potentially unsafe for pedestrians walking from their cars to the main entrance.
As noted in Figure 6, with the implementation of.the short-term development plan, there
will be a slight reduction in on-site parking, from the current 167 to 162 spaces. Since
the total number of beds is not slated to increase, the required complement of parking
for the expanded hospital remains 98 spaces, assuming two spaces/licensed bed. The
Phase .1 MOBs will generate the need for an additional 48 spaces, assuming 11,800 gsf "
at one space/300 gsf. This brings the total requirement up to 138 spaces. If two single-
story MOBs are constructed in Phase 2, another 18 spaces will be required, bringing the
total required to 1'56. This is slightly less than the projected on-site supply of 162 spaces.
In. addition, the City has indicated a willingness to permit on-street parking along the
hospital side.of Chestnut and both segments of Catalina, generating another 64 spaces.
Currently not permitted, on-street parking can be provided without major street
improvements. It is proposed that hospital employees park on the street, leaving room
in the main, emergency and west lots for patients, visitors and physicians. If on-street
parking is approved, the hospital's total parking supply will include 226 spaces, a 35%
increase over the current supply; this will more than adequately support proposed
hospital development.
Other key features of the proposed parking plan include:
•.:,,Majmaccess to the campus continues to be via Maple Street with secondary access -
on the eastern portion of Catalina Drive. Should the southwestern corner of the site
be developed, ft is recommended that it take its access from the southern portion of -
Catalina, thus, leaving Chestnut Street free of driveways.* In this way, ACH can
minimize hospital-related traffic on Chestnut which is the campus boundary most
residential in character.
• The construction of a new purchasing department on the west side of the ER will
permit the service entrance to the hospital, accommodating all non-food deliveries
and waste disposal, to be shifted away from the main parking lot; the existing loading
dock will be used for food deliveries only. As an added advantage, 75% of all non-
food deliveries are destined for sterile supply, which is located in the surgical suite;
the new purchasing facility will be across the hall from sterile supply.
• As there is insufficient parking in the ER lot to accommodate both ER patients and
outpatients, it is recommended that the eight spaces in this lot be dedicated to ER
use. Consolidation of inpatient and outpatient admissions in space just inside the
front entrance has also been recommended as part of the internal facilities plan.
Thus, it is recommended that all outpatient parking be shifted to the main lot.
Due to the proposed expansion of physical therapy and administration/dietary
services, the total number of spaces in the main parking lot will be reduced from 111
to 96, at the same time that outpatient parking is shifted there from the ER lot. To
offset this loss, permission for employees to park on the streets bordering the
hospital is being requested. The west parking lot will be redesigned end expanded
to contain 58 spaces. After the completion of the Phase 1 MOBS, 48 of these will be
reserved for use private physicians and their patients and employees; the remainder
can be assigned to staff and other physicians.
* On-street parking on Chestnut for use by employees is requested.
i i i 'i ;IN
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CATALINA DRIVE
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Alternative Transportation. Pedestrian circulation and other amenities are illustrated in
Figure 7. As noted, the hospital will construct sidewalks along the entire perimeter of its
campus to promote pedestrian movement both within and around the site. In addition,
a series of walkways across the site, including pedestrian crosswalks across driveways
and through parking lots, will be constructed to provide convenient and safe access for
patients, visitors and employees. This pedestrian network and its connection to the
internal circulation system of on-campus buildings is also illustrated in Figure 6.
With regard to alternative transportation opportunities, the hospital will install racks for 32
bicycles in two locations, near the entrances of the hospital and MOB complex respec-
tively. These racks will be installed to be in compliance with the City's code requirement
of one,bicycle space/five parking spaces, 50% of which must be under overhead cover.
To the extent feasible, all of the hospital's bicycle parking will be under cover.
ACH is also committed to work with the Rogue Valley Transportation District to promote
aitemative.forms of transportation for both employees and patients. Currently, the district
runs a bus every half hour from Medford to Ashland which stops in both the southbound
and northbound directions at N. Main and Maple, just three blocks east of the hospital.
Unfortunately, the relatively steep hill and lack of sidewalks between the bus stop and
ACH does discourage usage. The hospital will request that the district consider adding
the hospital to the route, if demand warrants. The district has recently established a
committee to develop the criteria for extending bus service. The City has also indicated
an interest in constructing a sidewalk along Maple between Main and Catalina to both
encourage transit use and pedestrian access in general.
In addition, the transit district is required by the recently=adopted federal Americans with
Disabilities Act to improve transit access for the handicapped who live within 1/4 mile of
a fixed bus route. Since access to medical care for the handicapped is also a concern
for the hospital, ACH will participate to the extent feasible with the district to identify ways
in which handicapped access can be improved.
Other means of promoting alternative transportation include:
• Providing information about bus routes and schedules in a prominent location in the
hospital lobby and permitting the sale of bus passes in the gift shop.
• Encouraging employee carpooling. This can be done within the hospital itself or in
conjunction with the transportation district which operates a rideshare matching
service; unfortunately, hospital.shifts often differ from those of more traditional
businesses, so it is difficult for hospital employees to carpool with non-hospital
employees.
Agquisitlon Strategy. With implementation of the short-term development plan, ACH will
have little vacant land remaining on its campus for future expansion. The area directly
to the east of the.campus (across Catalina Drive) has been identified as the most feasible
8
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location for further growth (see Figure 4), because of its visual and physical proximity to
the hospital's main entrance. These properties, which are in several ownerships, would
be most appropriately utilized for additional private physician offices; freestanding hospital
uses, e.g., community education center; and/or hospital-sponsored residential care and
related senior services.
It would be prudent for ACH to acquire this property to protect its options for further'
expansion. Unfortunately, land values in the Ashland area are continuing to increase
dramatically. At this time, it may not be feasible for the hospital to divert money for
property acquisition that it needs to fund hospital expansion and medical office building
construction. On the other hand,, if ACH does not act in the near future, it is likely that
the properties will be sold to other parties; apparently, one small mid-block parcel has
already been sold to an obstetrician who wishes to construct a small office there.
ACH has two options in this matter:
• Negotiate options, including purchase price and terms, with property-owners to give
the hospital the first right of refusal to purchase. This would permit ACH to delay
purchase of a parcel until such time that another buyer indicated an interest.
• Negotiate with a property development company and/or consortium of physicians/
other investors to underwrite the cost of medical office buildings (MOBs) with the
hospital taking a master lease, that is, taking responsibility to lease all space.
Because an MOB generates lease income, it is one of the few hospital-related
facilities which is attractive to outside investors. U ACH chooses to undertake this
option, it will free a substantial amount of funding which can then be used for
proposed hospital expansion and/or acquisition of additional property.
It is recommended that ACH consider both of these options.
Proposed Hospital District Boundary. As.noted previously, the City. of Ashland is
seriously considering the adoption of a special zoning district to encompass the ACH
campus and surrounding medical-related activities, subject to the approval of the
hospital's master plan. This zone would be similar to that adopted for Southern Oregon
State College. The proposed boundaries of this hospital district zone are illustrated in
Figure 8.
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APPErIDIX: PROJECT TEAM
Robert H. Belcher, AIA
William H. Harper, AIA
LinaBeth Barber
BROOME,.ORINGDULPH, OTOOLE, RUDOLF, BOLES & ASSOCIATES, PC
720 SW Washington Street Suite 800
Portland, Oregon 97205
Beverly Bookin, AICP
THE BOOKIN GROUP
111 SW Frfth Avenue Suite 1800
Portland, Oregon 97204
Tom Geisen
TOM GEISEN COST CONSULTANT, INC.
45 West Broadway Suite 204
Eugene, Oregon 97401
City Attorney
City of Ashland
(503) 482-3211, Ext.. 59
MEMORANDUM
January 14, 1993
TO: Mayor and City Council
FROM: V— Paul Nolte
SUBJECT: Railroad Village Subdivision LID
Southern Pacific Transportation Company has requested you to form a local
improvement district for the property upon which the Railroad Village Subdivision will
be developed. The council packet contains the petition for the creation and the
resolutions necessary to create this district.
It is my understanding that the city, as a policy, has not formed local improvement
districts for new subdivision developments. This LID has been proposed, however,
under a comprehensive plan provision relied upon in the land use process which
approved the subdivision. That policy (VII-4) states:
..In accordance with policies VII-2 and VII-3 above, the City shall take such
actions as are necessary to ensure that economic development can occur in a
timely and efficient manner.. Such actions may include the following:
'.a) Use of the Local Improvement District process to reconstruct or
install public facilities to commercial,. employment, and manufacturing
zoned lands. Land and buildings should be suitable for use by small
service and manufacturing industries of about 10 to 50 employees. Two
areas of the City that would benefit from this policy are those lands
designated Employment served by*Exit 14 of the 1-5 freeway and Hersey
Street and "A" Street."
Consequently, when the subdivision approval was granted the following condition
number four was imposed:
"That all alleys approved, as well as the street extension of Fourth Street, be
installed and completed prior to the signature of the final subdivision survey
plat, as required in 18.80.050 F. Improvements may be fully bonded, as
allowed by the subdivision ordinance, or guaranteed by the formation of a local
improvement district for all required improvements."
It is for the above reasons that the request to form an LID for this subdivision comes
before you at this time.
(p:parks\spry cn.mem)
_ ~�Of
a. a
OREGO ,.
Revised 13 January 1993 (12 January 1993)
Brian Almquist, Steve Hall, Paul Nolte, John McLaughlin
rum: James H. Olson, Assistant City Engineer
lI�ljPtf: Revised Estimated Assessments for the Railroad Village Subdivision
Attached is a revised Exhibit A showing the proposed L.I.D. costs based upon the
area of each lot in the proposed assessment district. Lot 10, the lot to be acquired by the
City, has been excluded from the L.I.D. in exchange for a contribution of$3.750.00 which
represents I/2 of the total estimated cost of improving the alley adjacent to the City's lot.
Exhibit B, lists the revised costs per lot based upon the area of each of the nine lots.
Costs range from a high of$16,919.87 to a low of$6,579.57.
Please let me know if additional revisions are required.
4
7 Jmuzry 1993 Proposed Rai rmd VU119C&Mivis a L.I.D. Page 1
Revised 13.12 lawary sreobesllid
DEPARTMENT OF PUBLIC WORKS - ENGINEERING DIVISION
ESTIMATE FOR RAILROAD VILLAGE SUBDIVISION
EXHIBIT A
Revised 1113193, 1112193
Project: Railroad Village Subdivision Estimate By: D. Ernst
Limits: Fourth Street to Sixth Street Date: 12/8/92
GENERAL INFORMATION
Length of Project: N/A
Width of Street: 36' - Fourth St.
Width of Alley: 18' - Alleys
Pavement Design: 4" A.C.P., full depth design
A. ESTIMATED CONSTRUCTION COSTS
Total Estimate $75,820.00
B. Less $3,750.00 (amount to be paid by City -
1/2 estimated cost of adjacent alley construction) <$3,750.00>
C. Total $72,070.00
D. Engineering Qa 20% $14,414.00
E. Project Total $86,484.00
F. Total Assessable Area 73,388 Square Feet
G. Assessable Cost Per Square Foot $1.1784/Square Foot
7 January 1993 proposed Railroad ViRege Subdivision L.I.D.
Rented 17,12J Page 2
n"�Y rteubert.Gd -
EXHIBIT A (continued)
CONSTRUCTION ESTIMATE
Railroad Village Subdivision
Item
No. Item Units Unit Pricej Amount
1 Clearing & Structure Removal LS LS 4,000.00
2 Excavation & subgrade preparation 300 CY 15.00 1CY 4,500.00
3 Curb & Gutter 290 LF 7.00/LF 2,030.00
4 Concrete Alley Approach 320 SF 4.50/SF 1,440.00
5 A.C. Paving 560 Ton 40.00/Ton 22,400.00
6 Construct Area Drain 5 EA 1,200.00/EA 6,000.00
7 12" PVC S.D. Pipe 980 LF 20.00/LF 19,600.00
8 Connect Irr. (30 LF Pipe - LS LS 1,500.00
1 CB Structure)
9 Imported Fill Material 250 CY 12.00/CY 3,000.00
10 Furnish & Install Street Lights 11 EA 450/EA 4,950.00
11 Utility trenching 1,600 LF 4.00/LF 6,400.00
Total Amount 75,820.00
-7 January 1993 Proposed Railroad Village Subdivision L.I.D. page 4
rrsub.1.lid
PROPOSED L.I.D. FOR PUBLIC IMPROVEMENTS
ON
RAILROAD VILLAGE SUBDIVISION
EXHIBIT B
Revised 13 January 1993
Proposed Cost Per Lot for Square Footaee Assessment
Estimated Cost
Lot Area Per SQ. Foot Percent of Area Total
1 14,982 S.F. $1.1784/S.F 20.42% $17,655.52
2 8,467 S.F. 11.54% $9,977.93
3 5,826 S.F. 7.94% $6,865.64
4 5,826 S.F. 7.94% $6,865.64
5 8,436 S.F. 11.50% $9,941.39
6 8,486 S.F. 11.56% $10,000.32
7 6,469 S.F. 8.81% $7,623.38
8 61468 S.F. 8.81% $7,622.21
9 8,428 S.F. 11.48% $9,931.97
Total 73,388 S.F. 100% $86,484.00
7 January 1993 Proposed Raih d V'
Revised 13,11 J beige Subdivision L.I.D. Page 3
o"+�rS rraubert.Gd
RESOLUTION NO. 93-
A RESOLUTION OF INTENTION TO PROVIDE FOR IMPROVEMENTS
ON THAT PORTION OF THE SOUTHERN PACIFIC TRANSPORTATION
COMPANY PROPERTY WHERE THE PROPOSED RAILROAD VILLAGE
SUBDIVISION WILL BE DEVELOPED.
THE CITY COUNCIL OF THE CITY OF ASHLAND RESOLVES:
SECTION 1. The council. intends to make local improvements to the
proposed Railroad Village Subdivision. These local improvements
consist of construction of Fourth Street including curb, gutter
and paving; construction of a 12 7inch storm drain system from
Fourth Street to Sixth Street. This also includes several
inlets, manholes, and a connection to and rerouting of the
existing irrigation line; installation of street lights;
trenching for utilities; construction of 18' wide paved alleys
connecting all lots in the subdivision. Such improvements will
be in accordance with costs estimated to be $86,484. 00, all of
which will be paid by special assessments on benefitted
properties. Costs will be allocated by assessing each of the
lots as follows:
Lot 1: $17 , 655. 52
Lot 2 : 9,977 . 93
Lot 3 : 6, 865. 64
Lot 4 : 6,865.64
.Lot 5: 9, 941. 39
Lot 6: 10, 000.32
Lot 7 : 7, 623 . 38
Lot 8: 7, 622 . 21
Lot 9: 9,931.97
Lot 10: 0. 00
SECTION 2 . The local improvement district shall consist of all
that property described on the attached Exhibit A, which is
proposed to be subdivided into ten lots as depicted on Exhibit B.
. SECTION 3. Warrants for the interim financing of the
improvements shall bear interest at the prevailing rates and
shall constitute general obligations on the City of Ashland and
shall be issued according to the terms and conditions in ORS
287. 502 to 287 . 510 inclusively.
SECTION 4. The assessment imposed upon benefitted properties is
characterized as an assessment for local improvement pursuant to
ORS 305. 583 (4) .
SECTION S. The City of Ashland, Oregon (the "City") expects to
cause certain capital expenditures to be incurred for the
proposed Railroad Village Subdivision. The City intends to
reimburse itself for such capital expenditures with the proceeds
of borrowings incurred by the City (the "Reimbursement Bonds") .
United States Treasury Regulation 1. 103-18 sets forth certain
PAGE 1-RESOLUTION (p:puks\sp"sd.=)
requirements that must be complied with in order for the proceeds
of Reimbursement Bonds to qualify as an expenditure of bond
proceeds. One such requirement is that on or before the date the
expenditure that is being reimbursed is paid, the issuer of
Reimbursement Bonds must declare a reasonable official intent to
reimburse itself for the capital expenditure. It is the
reasonable intent of the City to reimburse the capital
expenditures for the improvements to the proposed Railroad
Village Subdivision with the proceeds of Reimbursement Bonds in
the principal amount estimated to be $86,484. 00.
SECTION 6. Pursuant to AMC §13 .20. 050, whenever all of the
owners of property to be benefitted .and assessed have signed a
petition directed and presented to the city council requesting
such local improvement, the city council may initiate and
construct such local improvement without publishing or mailing
notice to the owners of the affected property and without holding
a public hearing regarding the proposed local improvement. All
of the owners of the property to be benefitted, namely the
Southern Pacific Transportation Company, has petitioned the city
council requesting such local improvements, and therefor no
notice or public hearing is necessary. .
This Resolution was READ and DULY ADOPTED at a regular meeting, of
the City Council of the City of Ashland, Oregon on the _th day
of January, 1993 .
Nan E. Franklin, City Recorder
SIGNED and APPROVED this day of , 1993 .
Catherine M. Golden, Mayor
PAGE 2-RESOLUTION (p:P.n,ksprtca.=)
RESOLUTION NO. 93-
A RESOLUTION AUTHORIZING AND ORDERING THE DEVELOPMENT OF LOCAL
IMPROVEMENTS TO THE RAILROAD VILLAGE SUBDIVISION AND AUTHORIZING
THE ASSESSMENT OF THE COST OF THE IMPROVEMENTS AGAINST PROPERTY
TO BE BENEFITED AND PROVIDING THAT WARRANTS ISSUED FOR THE COST
OF THE IMPROVEMENT BE GENERAL OBLIGATIONS OF THE CITY OF ASHLAND.
RECITALS:
A. The Council has declared by resolution its intention of
making the local improvements described in the resolution; and
B. No notice of such intention is required because AMC
§13 .20.050 provides that whenever all of the owners of property
to be benefitted and assessed have signed a petition directed and
presented to the city council requesting such local improvement,
the city council may initiate and construct such local
improvement without publishing or mailing notice to the owners of
the affected property and without holding a public hearing
regarding the proposed local improvement. All of the owners of
the property to be benefitted, namely the Southern Pacific
Transportation Company, have petitioned the city council
requesting such local improvements, and therefor no notice or
public hearing is necessary.
B. It appears to the council that such improvements are of
material benefit to the city and all property to be assessed will
be benefited to the extent of the probable amount of the
respective assessments to be levied for the costs;
THE COUNCIL OF THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
Section 1. It is ordered that the local improvements described
in the initiating resolution be developed and that the cost be
assessed upon the benefitted property and allocated to each
proposed lot in the Railroad Village Subdivision as provided by
the charter and ordinances of the City of Ashland.
Section 2 . Upon the recording .of the Railroad Village
Subdivision plat, a local improvement district is established for
the purpose of the development of these local improvemeents_ The
district shall consist of that property described on the attached
Exhibit A which is the parcel owned by Southern Pacific
Transportation Company south of the railroad tracks and north of
A Street between Third and Eighth Streets in Ashland, Oregon.
Section 3. The local improvement shall be made in
conformity with the proposal set forth in the initiating
resolution which is to construct Fourth Street including curb,
gutter and paving; construction of a 12-inch storm drain system
from Fourth Street to Sixth Street. This also includes several
inlets, manholes, and a connection to and rerouting of the
existing irrigation line; installation of street lights;
PAGE 1-RESOLUTION (p:parks%Wff1id2.R")
trenching for utilities; construction of 18' wide paved alleys
connecting all lots in the subdivision, in accordance with costs
estimated to be $86, 484 . 00, all of which will be paid by special
assessments on the benefitted property. Upon the recording of
the Railroad Village Subdivision plat, costs will be allocated
among the ten lots created by that subdivision based on the size
of each lot except for lot 10. Lot 10 will pay $3, 750 towards
the improvements, which is one-half of the cost of the alley
adjacent to it. The assessment for each lot shall be:
Lot 1: $17, 655. 52
Lot 2 : 9 , 977 . 93
Lot 3 : 6, 865. 64
Lot 4 : 6, 865. 64
Lot 5: 9, 941. 39
Lot 6: 10, 000. 32
Lot 7 : 7, 623 . 38
Lot 8 : 7, 622 . 21
Lot 9: 9 , 931. 97
Lot 10• 0. 00
Section 4. Warrants for the construction of the improvement
shall bear interest at the prevailing rates and shall constitute
general obligations of the City of Ashland and the warrants shall
be issued pursuant to and on the terms and conditions in ORS
287. 502 to 287. 510 inclusive.
Section 5. Characterization of the assessment. The assessment
imposed as a result of this local improvement district is
characterized as an .assessment for local improvement pursuant to
ORS 305. 583 (4) .
This Resolution was READ and DULY ADOPTED at a regular meeting of
the City Council of the City of Ashland, Oregon on the _th day
of January, 1993 .
Nan E. Franklin, City Recorder
SIGNED and APPROVED this day of , 1993 .
Catherine M. Golden, Mayor
PAGE 2-RESOLUTION (p:parks%spn1W2.Ru)
January 13, 1992
To: Mayor and Council Members
From: Pat Acklin, Liaison to the Ashland Community Hospital Board of Trustees
Re: Scope of Authority of the Board of Trustees
In order to pursue several directions outlined in the hospital's strategic plan, the
Board and Administration of the Hospital have asked me to approach you for
clarification regarding their scope of authority to conduct certain business transactions.
Specifically, the issue is lack of any language in the charter or ordinances pertaining to
the hospital which delegates authority to the Board of Trustees to conduct real property
transactions.
Various City Attomeys have opined on this situation, one finding that the Board
had no authority in this area and another finding it within the broad powers of the Board
to manage the hospital. In order to clarify this situation for the purposes stated above, I
have asked our present City Attorney to prepare a resolution on this subject.
I should point out to you that the Board enters into agreements for purchase of
such things as equipment and other capital improvements, the obligations from which
can be as substantial or greater than those resulting from real property transactions.
Please feel free to call me prior to our Tuesday meeting to discuss any concems
or suggestions that you might have.
Attachments
r'
A ow
W
ASHLAND COMMUNITY HOSPITAL
January 12, 1993
Pat Acklin
Chair, Ashland City Council
Liaison, Ashland Community Hospital
Board of Trustees
20 E. Main
Ashland, OR 97520
Dear Pat,
This is to share my thoughts regarding why the Talent, Oregon service area is of importance to our
Ashland healthcare system. I realize you have heard our reasoning many times over the past few
years. However, this correspondence may be of value to share with your peers on the. City
Council.
To better appreciate our environment and the significance of this strategy, I first want to introduce
a few larger picture points.
We know healthcare reform is coming from both the federal and state levels. Healthcare
reform to a provider most often means how we are paid.
- There are many national reform plans before congress now. None to my knowledge call
for paying providers more. They identify ways to pay providers less. This is healthcare
reform in a nutshell.
- We know that managed healthcare insurance plans ( I call it healthcare rationing by
insurance company clerks and insurance companies call it making us providers_ efficient)
are coming to the Rogue Valley with a great intensity. Managed care means to us that
we get paid less for each unit of services or we may be totally excluded from being a
providerto certain employee groups and their families.
- We know our labor and supply costs will continue to grow faster than other segments
of our nation's economy due to supply and demand. This trend will only intensify as the
decade proceeds.
280 Maple Street P.O. Box 98 Ashland, OR 97520.. 503482-2441 .
With the above points in mind, we see we need to take proactive steps to ensure our continued
economic well-being. We have been doing this with consistency these past years by establishing
and completing strategies. A summation of our successful strategies is that increased units of
service have been developed to replace lost revenue due to continued cutbacks by Medicare,
Welfare, no-pays by indigents and now cutbacks in payment by commercial insurance companies
(managed care again). This effort to increase units of service must continue.
Now we can discuss Talent, Oregon with more specificity.
- Talent's population continues to grow at a rapid pace.
- Housing for young families continues to be built.
- There are plans for retirement living in three new developments that will house over one-
thousand more senior citizens.
- With Ashland's high property values, additional pressure for housing growth in the
Talent area will continue.
- Retail development growth in the Talent area is projected to grow.
We currently generate about twelve to fourteen percent of our overall revenue from the Talent zip
code.
We currently receive about one-third of all the hospital inpatient admissions experienced by Talent
residents. The primary reasons Talent residents go elsewhere for their hospitalization is to receive
obstetrical and heart/circulatory system services.
To get more to the point, experiencing one-third of Talent's admissions and outpatient services
coming to Ashland provides us with an opportunity for our healthcare system to improve this
percentage of utilization. Increased utilization means more units of service; more units of service
drive down our cost per unit of service; lower cost per unit of service equates to enhanced
economic well-being for our healthcare system; our economic well-being means continued growth
and the continued employment of over three hundred and fifty people in Ashland's healthcare
system.
I have included a copy of our current Mission Statement for your review at this time. I truly hope
your peers appreciate our community hospital's need to pursue our strategies an a very timely
manner.
If you have any questions, please feel free to contact me.
Sincerely,
dames R. Watson,
Administrator
JRW/kkq
1_ec_�Paul Nolte, City Attorney
ASHLAND COMMUNITY HOSPITAL
ROLE AND MISSION STATEMENT
Ashland Community Hospital is a City-owned, not-for-profit hospital
committed to improving the health status of the residents of
Ashland and surrounding communities regardless of age, sex, race,
creed or . financial status while providing a skilled, productive,
and enjoyable working environment for its health care
professionals.
It is a goal of Ashland Community Hospital to select appropriate
inpatient and outpatient preventive, diagnostic, therapeutic, and
rehabilitative services in which quality health care is delivered
at a reasonable cost.
It is a goal of Ashland Community Hospital to select services that
can allow for the financial viability of the hospital.
It is a goal of Ashland Community Hospital to be the provider-of-
choice for the community for the services selected.
It is a goal of Ashland Community Hospital to provide leadership in
the scope of community health promotion.
City Attorney
City of Ashland
(503) 482-3211, Ext. 59
MEMORANDUM
December 21, 1992
TO: Jim Watson, Administrator
FROM: Paul Nolte
SUBJECT: Authority of Ashland Community Hospital Board
If your letters to me dated December 13 and 15, 1992, you have asked several
questions regarding the authority of the hospital board to act in certain circumstances.
Those questions are summarized below with answers which follow.
Does the hospital board have the authority to enter into a lease/purchase
agreement with a developer to acquire land and build a medical office on the
land in Talent?
As explained below, the city clearly has the authority to enter into such an
arrangement and could authorize the board to do so, but it is not clear the
board has such authority without further action or delegation of authority by the
council.
The board has broad authority granted to it by ordinance to manage, operate
and maintain the Ashland Community Hospital including but not limited to many
enumerated powers specified in AMC § 2.20.050. None of those powers
specifically empower the board to purchase real property, although the board
has the express authority to acquire property through a devise, bequest or
donation. See AMC § 2.20.050.E.
It should be noted that neither the charter of the City or its ordinances contain
the express authority for the city to purchase real property. Such authority is
often found to be inherent because municipalities could not perform their
functions without property. The prevailing rule is that a municipality has the
power to acquire and hold property for its municipal purposes. McQuillan Mun
Corp §28.01 (3rd Ed).
In Oregon, such power is expressly granted by at least two statutes:
.The governing body of any county, and the governing body of
any city or town; may enter into contracts for leasing or rental,
including contracts for rental or long term leases under an optional
contract for purchase, or for purchase of any real property in
Oregon necessary for proper and convenient housing of officers
Memo to Jim Watson
January 14, 1993
Page 2
-or for conducting the business of said bodies. Leases or
contracts made by a city or town shall be made subject to the
terms of its charter." ORS 271.390. (Emphasis added.)
ORS 223.005 authorizes any incorporated city to:
"Appropriate any real property . . . to any public or municipal,use
or for the general benefit and use of the people within or without
the city . . . ." (Emphasis.added.)
The city may act through a duly authorized agent to acquire property but the
authorization delegated to the board through AMC Ch. 2.20 is not specific
enough to clearly delineate that the board has been delegated the power to
purchase or lease real property. It can be argued that the board has the
inherent power to make such purchases, but authorization from the city would
remove any doubt.
Does the hospital board has the authority to enter into a contractual agreement
with one or more medical providers to staff the medical office in Talent?
The board has broad authority granted to it by ordinance to manage, operate
and maintain the Ashland Community Hospital including but not limited to many
enumerated powers specified in AMC § 2.20.050. So long as the medical office
is operated as a facility of the hospital, the grant of power in AMC Ch. 2.20 is
sufficient to authorize the board to enter into such contracts without further act
or delegation of power from the city council.
If the "municipal funding addendum concept' is included in the contract
documents for the construction of a lease/purchase building, would.the hospital
board, the city budget committee and the city council have the right not to
continue funding of lease payments if financial conditions so warrant?
The city, through the hospital board, may lawfully enter into a lease purchase
arrangement involving non appropriation financing. You have used the phrase
..municipal funding addendum concept" which I interpret to mean an
arrangement where 1) lease payments would be made solely from available
funds, 2) in the event there are unavailable funds, the lessor/seller may exercise
certain remedies under the lease/purchase agreement including eviction from
possession, and 3) the lease/purchase agreement would not allow any charge
against future revenues of the city or the hospital. Such arrangements have
been uniformly upheld by the courts. Provided that the appropriate language is
contained within the financing documents, the city and the'hospital would have
the right to discontinue funding of lease payments if funds were not annually
budgeted and appropriated. Cf., State ex rel Kane v. Goldschmidt, 308 Or 573,
783 P.2d 988 (1989).
Memo to Jim Watson
January 14, 1993
Page 3
In your letter of December 15, 1992, you have asked if the board can lease or
purchase property outside the city limits of Ashland.
Subject to the comments made in the answer in the first question above (as to
whether the city council or the hospital board has the authority to make real
property purchases), it is clear the city, if not the board, may purchase property
outside the city limits of Ashland for use by the hospital for a medical office.
I p:hospitaftd.auth.opn)
RESOLUTION NO. /���
A RESOLUTION AUTHORIZING THE ASHLAND COMMUNITY HOSPITAL BOARD TO
ACT AS AGENT OF THE CITY OF ASHLAND TO PURCHASE REAL PROPERTY IN LZ
TALENT, OREGON, FOR HOSPITAL PURPOSES
RECITALS:
A. The Ashland Community Hospital Board has been delegated broad authority to
manage, operate and maintain the Ashland community Hospital including but not
limited to many enumerated powers specified in AMC S 2.20.050.
B. None of those powers specifically empower the board to purchase real
property, although the board has the express authority to acquire property
through a devise, bequest or donation under AMC S 2.20.050.E.
C. The mission of the Ashland Community Hospital is to improve the health
status of the residents of Ashland and the surrounding communities. A need
exists to more effectively deliver services in the Talent area.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The Ashland Community Hospital Board is delegated the authority to
act as the agent of the City of Ashland to lease, lease/purchase, or purchase
property in Talent, Oregon, fqr the purpose of improving medical services in
the Talent area.-�� � 'Z'
SECTION 2. This delegation of authority is limited by the following
conditions:
1. The hospital board may not incur a debt for, the City of Ashland.
2. Any agreement for payments shall provide that they are to be made
solely from available funds of the hospital.
3. Any agreement would not allow any charge against future revenues of
the city.
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
Reviewed as fo form:
Paul Nolte, City Attorney
PAGE 1-RESOLUTION(p: Wwv .R)
. � of�N�e 1J.8lQm � X � nll � �
C�
January 12, 1993
ayor and City Council
ram• ck Wanderscheid
�LI�ljPtt: RESOURCE CONSERVATION MANAGER AGREEMENT
Background
In early August of 1992, BPA approached the City about the possibility of
funding a pilot Energy Education/Conservation Program in the Ashland
School District. This pilot is a collaborative effort between BPA, the Oregon
Department of Education, and the Oregon Department of Energy. Its
purpose is to foster environmental education and resource conservation in
Oregon schools.
On August 6, BPA area personnel travelled to Ashland to meet with City
and School District staff to explain the concept. Based on the positive
response of that meeting, BPA encouraged the City to submit an application
for BPA federal financial assistance for the funding of this program. This
application was forwarded to BPA on August 17, 1992. BPA approved this
application on September 25, 1992. Since approval of this grant, BPA, the
City, and the School District staffs have worked together to develop an
agreement between the City and the School District for this program. The
School District signed the agreement and delivered it to the City on January
4th.
The Project
The project started out with the name "Teacher on Special Assignment"
(TOSA), but later was changed to "Resource Conservation Manager" (RCM).
Quoting from the agreement, the purpose/goal of the program is to "create
a cooperative program between UTILITY and DISTRICT to facilitate the
increased awareness and use of energy efficiency and environment
education programs. The goal of this conservation program is to enhance
environmental stewardship and contribute to DISTRICT efforts to reduce the
production of solid waste and electrical, oil, gas, and water consumption
while maintaining and/or increasing the comfort level of classrooms and
school facilities."
� I
The programs provided by the agreement will be performed by the Resource
Conservation Manager (RCM). This position will be a temporary half-time
one, staffed by a professional educator currently employed by the district.
The district has already selected an individual to fill this position. The
agreement spells out nine different areas of responsibility for the RCM.
Please refer to the attached agreement for an idea of what the RCM will be
working on under this program.
The idea behind this program is quite simple. The RCM will be able to save
enough dollars by reducing resource consumption to cover his salary. It is
based on successful programs in Washington and California, and also on a
very successful program that has been operating in the Eugene 4J School
District for a number of years. In this program, the RCM has instituted
programs where savings are far in excess of his employment costs. It is
hoped that excess savings will be reinvested in resource conservation
activities to increase savings, but this is not required in the agreement.
The City's Role
Under the agreement, the City will provide the following to the School
District:
1) Computer hardware to track resource consumption and compare
operating cost savings;
2) Computer software and software operator training to track energy
and natural resource consumption and budgets;
3) An electronic bulletin board to allow the RCM to communicate with
other RCMs working on this pilot program in other school districts;
4) The cost of training for the RCM and other staff as needed; and
5) The cost of the RCM salary and benefits. However, all funds
generated through resource savings shall be used to pay for these
same costs. Any money generated that remains after these,expenses_
will accrue to the district.
The BPA grant will be used to cover all.the above costs. Therefore, the City
is at no risk of having to spend our funds for this pilot program.
WP Natural Gas Role
WP Natural Gas has been involved in discussions about becoming a joint
utility partner in this program also. If it joined, WP Natural would have to
cover one-half of the utility costs and also agree to underwrite the RCM's
salary and benefits. An indication of willingness to join has not yet been
received, so we have proceeded ahead with an agreement just between the
City and the School District. If WP Natural decides to become a partner,
then a revised agreement would need to be approved by all those involved.
Conclusions
There have been several hours of staff time devoted by BPA, the City of
Ashland, and the Ashland School District to work out the funding and the
agreement to bring the RCM Pilot Program to Ashland. We are excited
about the potential educational and conservation benefits which it entails,
and also that BPA selected Ashland as a pilot site for this program. It is
hoped that BPA will be able to transfer what is learned from the pilot
program so it can become an option for all school districts in Oregon.
Money saved by the reduced resource consumption provides needed
financial resources to the school districts. What the Eugene 4J experience
proves is that these programs will not only be self-supporting, but actually
more than pay for themselves. Also, the environment and energy education
benefits will pay future dividends and will help to educate our youth on the
value of wise resource utilization.
Because the benefits are great and the risks minimal, Staff would
recommend that the Council authorize the Mayor to sign the agreement on
behalf of the City.
I will be at the Council meeting to answer any questions, but anyone
desiring more information or who needs to talk to me prior to the meeting
can reach me at 488-5306.
ENVIRONMENTAL EDUCATION AND CONSERVATION AGREEMENT
AGREEMENT made January 1, 1993, between the ASHLAND SCHOOL DISTRICT
("District') and CITY OF ASHLAND ("UTILITY").
RECITALS:
A. DISTRICT has been selected as the location for the implementation of a pilot
energy and natural conservation program; and
B. DISTRICT and UTILITY desire to have a 20% reduction in the consumption
of energy and natural resources by DISTRICT; and
C. DISTRICT and UTILITY desire to create the most effective energy and
natural resource conservation program to acquire conservation.
DISTRICT and UTILITY agree:
1. PURPOSE AND GOAL. The purpose of this agreement is to create a cooperative
program between UTILITY and DISTRICT to facilitate the increased awareness and
use of energy efficiency and environment education programs. The goal of this
conservation program is to enhance environmental stewardship and contribute to
DISTRICT efforts to reduce the production of solid waste and electrical, oil,gas, and
water consumption while maintaining and/or increasing the comfort level.of
classrooms and school facilities.
2. TERM. The term of this agreement shall commence on January 1, 1993, and shall
continue through June 15, 1994, with an option to renew this agreement for a term
commencing on June 16, 1994, and continuing through June 15, 1995.
3. RESOURCE CONSERVATION MANAGER. The conservation program provided by
this agreement shall be performed by a Resource Conservation Manager (RCM). The
RCM position shall be a temporary half-time position, staffed by a professional
educator currently employed by DISTRICT, with responsibilities as describe below.
UTILITY and DISTRICT shall participate jointly in the selection of a qualified educator
for the position.
3.1. DISTRICT shall remain the employer of the RCM. DISTRICT shall provide
a separate program account within the district budget for the year in which this
conservation program is to be performed from which all salaries, benefits and other
expenses of the program shall be paid.
3.2. The terms of the contract for employment of the RCM shall be agreed
upon by all parties to this agreement and shall be consistent with any collective
bargaining agreements and state laws governing employment of professional
educators within DISTRICT.
PAGE 1-ENVIRONMENTAL EDUCATION AND CONSERVATION AGREEMENT
(p:ag=kbpawho1.K)
4. RESPONSIBILITIES OF THE RESOURCE CONSERVATION MANAGER. The RCM
shall be responsible for the following:
4.1 Assess the current energy resource use at each building to identify user
oriented energy efficency and resource conservation opportunities in each school.
Report that baseline consumption data to the principal and assist the principal as
needed in communicating the data to the staff and developing and implementation of
school-based plans to increase energy efficient operations and natural resource
conservation.
4.2 Screen other resources from the BPA and school districts in reducing the
consumption of energy resources idiosyncratic to the buildings surveyed. Encourage
the use of buildings as living laboratories to teach energy conservation and
environmental stewardship practices which apply both at school and aY home.
4.3 Meet with the Leadership Team at least two times in the Spring of 1993
to encourage environmental actions that provide consistency, continuity, and
cohesiveness across all school buildings.
4.4 With the building principals' support, coordinate training for all staff in
each building alerting them to the conservation opportunities. (This might be done at
one of the site's regular staff meetings.)
4.5 Where there is interest at each site, coordinate student conservation
groups to monitor energy and natural resource consumption in each group.
4.6 Track, record, and report the energy and natural resource use and
savings resulting from conservation measures instituted at each site.
4.7 Act as an environmental and energy education resource to teachers in all
instruction areas including informing the school district central office and sites of
educational opportunities related to natural resource conservation.
4.8 Prepare monthly program status reports which include an assessment of
conservation savings for review by building principals, administrators, and the advisory
committee described in paragraph 8.
4.9 Develop a recognition program that encourages conservation and
provides incentive for each individual building.
5. TECHNICAL ASSISTANCE. DISTRICT and UTILITY shall:
5.1. Arrange for the RCM to receive technical training from a professional
engineer on the operation and energy efficiency opportunities for each school campus.
PAGE 2-ENVIRONMENTAL EDUCATION AND CONSERVATION AGREEMENT
(p:ag=1bpaschol.K)
5.2. Provide space and materials for training sessions for staff of each building
in DISTRICT alerting them to conservation opportunities.
5.3 The UTILITIES shall through the Bonneville Power Administration (BPA)
Grant No.DE-FG79-92BP81418:
5.3.1 Provide computer hardware to the RCM to track energy consumption and
compare operating cost savings.
5.3.2 Provide computer software to the RCM to track energy and natural
resource consumption and budgets. Arrange for the RCM to receive training on
software.
5.3.3 Arrange for the installation within the DISTRICT of an electronic bulletin
board to allow the RCM to communicate with other RCMs.
5.3.4 Provide for any costs derived in the training of the RCM and other staff as
needed.
6. SCOPE OF SERVICES.
6.1. The UTILITY shall make available staff to provide assistance in the
implementation and performance of the conservation program under this agreement.
The UTILITY shall also sponsor and organize an advisory group including but not
limited to the RCM and a local recycling organization representative.
6.2. The DISTRICT shall adopt practices that are cost effective and reduce
energy and natural resource consumption that are learned from the evidence
presented through this study. Where the DISTRICT has financial resources and
deems an expenditure appropriate, it will make investments in its facilities to further
reduce energy and, natural resource consumption based on data gathered in this
study. The DISTRICT shall identify sufficient office space for this RCM person. It is
expected that the RCM will provide their own clerical support. In emergencies,
however, requests can be made to the central administration for assistance. Finally,
as an outcome of this whole scheme, there will be district wide and building-by-
building energy and resource tracking system in place. `
7. FUNDING. The funds generated through energy savings shall be used to pay the
salary and benefits of the RCM. The UTILITY agree to underwrite the cost of the RCM
salary and benefits. Any money generated through energy savings that remains after
the RCM salary and benefits have been paid will accrue to DISTRICT.
7.1. The UTILITY agrees to invest nonrecoverable funds furnished under the
BPA grant referred to in paragraph 5.3 for all mutually agreed upon equipment,
supplies, technical training, classroom materials and computer network operating
expenses used for this conservation program.
PAGE 3-ENVIRONMENTAL EDUCATION AND CONSERVATION AGREEMENT
(p:agrcc\hpatthol.K1
7.2. The DISTRICT and UTILITY agree to calculate the dollar amount of the
energy and natural resource savings pursuant to the following guidelines:
(a) The DISTRICT agrees to provide a minimum of three full years of
recent billing history for each building for costs associated with
electricity, natural gas, heating oil, water, sewage, and solid waste
disposal.
(b) The DISTRICT agrees to provide a listing of the square footage for
each school building.
(c) The RCM with the assistance of the UTILITY will establish a
baseline.accounting year utilizing the historic billing data.
(d) Annual conservation dollar savings will be calculated by comparing
the current year billings with the baseline year.
(e) The DISTRICT and UTILITY will agree on the determination of the
total amount of savings directly attributable to the efforts of the
RCM.
7.4 The DISTRICT and the UTILITY will determine the savings pursuant to
the following guidelines:
(a) At the end of the first year a reconciliation will be made between
the RCM's salary and the calculated savings for the period of the
first year.
(b) At the end of the second year a reconciliation will be made
between the RCM's salary and the calculated savings for the
entire grant period.
8. ADVISORY COMMITTEE. An advisory committee consisting of a memberfrom
DISTRICT and the UTILITY shall be formed. As a courtesy, the program coordinator,
Jerry Bingold, and a member of the Bonneville Power Administration shall be provided
the opportunity to be members of this committee. The advisory committee shall
convene monthly at an agreed upon location and shall oversee the administration of
the conservation program under this agreement.
9. LOCATION: The conservation program under this agreement shall be
performed within the DISTRICT.
PAGE 4-ENVIRONMENTAL EDUCATION AND CONSERVATION AGREEMENT
(p:agrt Xbpa=ho1.K)
10. ASSIGNMENT. The services contemplated under this agreement are deemed to
be in the nature of personal services. This agreement shall not be assigned by any of
the parties without prior written consent of each of the remaining parties to this
agreement.
11. BUDGET APPROVAL. It is understood that ASHLAND SCHOOL DISTRICT must
have budget approvals in order to obtain funds to pay the expense for providing office
space and clerical support servicds and any agreement shall have force and effect
only to the extent that such funds are provided to the School District.
12. CONTRACT DISPUTES. The parties agree that any disagreement regarding
the interpretation, meaning, or effect of any provision of this agreement shall be settled.
by arbitration if so requested by any party in writing. In case of such a written
request, the parties agree that within 60 days, binding arbitration will be entered into,
with the UTILITY collectively selecting an arbitrator, DISTRICT selecting an arbitrator,
and all the parties together selecting a third. The decision of the majority of the
arbitrators shall be binding upon each of the parties. The cost of such arbitration shall
be borne equally between the parties.
13. EXTENSION. With all parties having satisfactorily performed all of the obligations
required of them, this agreement may be extended for an additional term of two years.
In order to extend this agreement, a request in writing by any party shall be given to
all other parties no later than six months in advance of a term's expiration notifying all
other parties of this request. The Bonneville Power Administration grant project with
the City of Ashland municipal utility is for the period of one year commencing June 16,
1994 and continuing through June 15, 1995.
14. NOTICES TO PARTIES. All notices to be given by the parties to this agreement
shall be in writing and served by depositing same in the United States Mail, postage
prepaid, registered or certified mail.
Notices to the parties shall be addressed to:
John Daggett Dick Wanderscheid
Ashland School Dist. City of Ashland
885 Siskiyou Blvd Conservation Div.
Ashland OR 97520 20 East Main Street
Ashland, OR 97520
PAGE 5-ENVIRONMENTAL EDUCATION AND CONSERVATION AGREEMENT
(p:ngee\bpauhol.K)
Written notices that are given to the parties shall also be given as a courtesy to
the program coordinator, Jerry Bingold, and to the Bonneville Power Administration.
These notices shall be addressed to`
Mr. Jerry Bingold Mr. Marc Ross
BRACO Energy Services Bonneville Power Administration
1500 NE Irving St., Suite 530 Lower Columbia Area Office
Portland, OR 97232 P.O.B. 3621 - LR
Portland, OR 97208
Any of the parties to this agreement may change its address of record for
receipt of official notice by giving the other parties written notice of such change and
any necessary mailing instructions.
15. PUBLIC RELATIONS. The UTILITY shall cooperate with DISTRICT in maintaining
a good public relations program with the community and news media so that any
pertinent items affecting the conservation project or the patrons of DISTRICT can be
brought to the attention of the public.
16. LAWS AND REGULATIONS. During the entire term of this agreement, including
any extensions thereto, the UTILITY shall comply in every respect with DISTRICT
policies, all laws, rules and regulations of this State affecting or regulating public
education.
17. ENTIRE AGREEMENT. This agreement sets forth the entire agreement between
the UTILITY and DISTRICT concerning this subject. There are no representations,
either oral or written, between the UTILITY and DISTRICT other than those contained
in this agreement.
Ashland School District
By:
Title: er � G n 6 /
�Cl�i �H - a /-/
w✓f. Li��.,<l YGGw r/ 40;-j � 5'
City of Ashland
By:
Title:
PAGE 6-ENVIRONMENTAL EDUCATION AND CONSERVATION AGREEMENT
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