Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
1993-0216 Council Mtg PACKET
I Important: Any citizen attending Council meetings may speak on any item on the agenda, unless it is the subject of a public hearing which has been closed. If you wish to speak, please rise and after you have been recognized by the Chair, give your name and address. The Chair will then allow you to speak and also inform you as to the amount of time allotted to you. The time granted will be dependent to some extent on the nature of the item under discussion, the number of people who wish to be heard and the length of the agenda AGENDA FOR THE REGULAR MEETING r ASHLAND CITY COUNCIL /c FEBRUARY 16, 1993 I. EXECUTIVE SESSION: 7 :00 P.M. , Conference Room, to discuss litigation pursuant to O.R.S. 192 . 660 (1) (h) II. PLEDGE OF ALLEGIANCE: 7: 30 P.M. , Civic Center Council Chambers III. ROLL CALL IV. APPROVAL OF MINUTES: Regular Meeting of February 2 , 1993 . V. CONSENT AGENDA: 1. Minutes of Boards, Commissions, and Committees. 2 . Departmental Reports - January 1993 . 3 . Liquor license applications from: a. Playbill Club, 66 E. Main Street. b. Theresa's Cantina, 76 N. Pioneer Street. 4 . Appointments: a. David Mason to Tree Commission for term expiring April 30, 1995. b. George Hutchinson to Bicycle Commission for term expiring April 30, 1993 . 5. Memo from Parks & Recreation regarding update on Hamilton Creek and Superior property fire management projects. VI. PUBLIC HEARINGS: (Must conclude by 9: 30 P.M. ) 1. Withdrawal of property from Jackson County Fire District No. 5 (Cahill Annexation, 375 Tolman Creek Road) VII. UNFINISHED BUSINESS: 1. Adoption of Findings of fact, Conclusions and Order on Planning Action No. 92-048: a. Proposed amendments to the Comprehensive Plan Map with respect to the designation of a Health Care Zone. b. Proposed amendment to the Land-use Ordinance adopting a new chapter concerning a Health Care (HC) Zone. c. Proposed amendment to the Zoning Map with respect to the designation of a Health Care (HC) Zone. 2. Request by Councilor Laws for list of recommendations from Budget Committee hearings last Fall. 3 . First reading by title only of "An ordinance completely revising the Local Improvement and Special Assessment Chapter and deleting the sidewalk assessment chapter of the Ashland Municipal Code" . VIII. NEW & MISCELLANEOUS BUSINESS: 1. Authorization for Mayor and Recorder to sign Correction Sewer and Storm Drain easement for Lithia Park Village. 2 . Letter from Rogue Valley Women's History Project requesting waiver of banner fee. R�so 43 6� 3 . Memo concerning proposed resolution establishing a Forest 7 Lands Commission. 4 . Memo from Director of Public Works regarding snow survey for January and notification of decision on sluicing. 5. Memo concerning plaza kiosk. IX. PUBLIC FORUM: Business from the audience not included on the agenda. (Limited to 3 min. per speaker and 15 min. total) X. ORDINANCES. RESOLUTIONS & CONTRACTS: / 1. First reading by title only of "An ordinance amending Chapter 14. 08 of the Ashland Municipal Code by revising requirements for sewer connections inside the Urban Growth Boundary and providing for sewer service connection outside the Urban Growth Boundary". 2 . First reading of an ordinance amending the Comprehensive Plan Map and amending the Zoning Map of the -City of Ashland for the area around Ashland Community Hospital. Also included is an amendment to the Land Use Ordinance adopting a new "HC" Health Care District. /3 . First reading of an ordinance annexing a contiguous area, withdrawing the area from Jackson County Fire District No. 5 and zoning at C-1 Retail Commercial (Cahill Annexation) 4 . Second reading by title only of "An Ordinance amending Ordinance No. 2258 as amended by Ordinance Nos. 2415 and 2536, concerning the franchise with TCI Cablevision of Oregon" . n 5. Second reading by title only of "An Ordinance with respect to membership on the Cable Access Commission" . XI. OTHER BUSINESS FROM COUNCIL MEMBERS XII. ADJOURNMENT: (Reminder: First meeting of the Budget Committee on Feb. 18 at 7:30 P.M. in the Shakespeare Festival Conference Room, upstairs) (&Xca ihigmda) Important: Any citizen attending Council meetings may speak on any item on the agenda, unless it is the subject of a public hearing which has been closed. If you wish to speak, please rise and after you have been recognized by the Chair, give your name and address. The Chair will then allow you to speak and also inform you as to the amount of time allotted to you. The time granted will be dependent to some extent on the nature of the item under discussion, the number of people who wish to be heard, and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL FEBRUARY 16, 1993 V1. EXECUTIVE SESSION: 7:00 P.M., Conference Room, to discuss litigation pursuant to O.R.S. 192.660(1)(h) II. PLEDGE OF ALLEGIANCE: 7:30 P.M., Civic Center Council Chambers III. ROLL CALL IV. APPROVAL OF MINUTES: Regular Meeting of�aadaq #9, 1993. V. CONSENT AGENDA: 1. Minutes of Boards, Commissions, and Committees. 2. Departmental Reports - January 1993. '�3. Liquor license applications from: a. Playbill Club, 66 E. Main Street. b. Theresa's Cantina, 76 N. Pioneer Street. 4. Appointments: a. David Mason to Tree Commission for term expiring April 30, 1995. b. George Hutchinson to Bicycle Commission for term expiring April 30, 1993. 5. Memo from Parks & Recreation regarding update on Hamilton Creek and Superior property fire management projects. VI. PUBLIC HEARINGS: (Must conclude by 9:30 P.M.) 1. Withdrawal of property from Jackson County Fire District No. 5 (Cahill Annexation, 375 Tolman Creek Road) VII. UNFINISHED BUSINESS: J1. Adoption of Findings of fact, Conclusions and Order on Planning Action No. 92-048: a. Proposed amendments to the Comprehensive Plan Map with respect to the designation of a Hospital Zone. b. Proposed amendment to the Land-use Ordinance adopting a new chapter concerning a Hospital Care (HC) Zone. c. Proposed amendment to the Zoning Map with respect to the designation of a Hospital Care (HC) Zone. 2. Request by Councilor Laws for list of recommendations from Budget Committee hearings last Fall. 3. First reading by title only of "An ordinance completely revising the Local Improvement and Special Assessment Chapter and deleting the sidewalk assessment chapter of the Ashland Municipal Code". VIII. NEW & MISCELLANEOUS BUSINESS: 1. Authorization for Mayor and Recorder to sign Correction Sewer and Storm Drain easement for Lithia Park Village. 2. Letter from Rogue Valley Women's History Project requesting waiver of banner fee. 3. Memo concerning proposed resolution establishing a Forest Lands Commission. 4. Memo from Director of Public Works regarding snow survey for January and notification of decision on sluicing. 5. Memo concerning plaza kiosk. IX. PUBLIC FORUM: Business from the audience not included on the agenda. (Limited to 3 min. per speaker and 15 min. total) X. ORDINANCES. RESOLUTIONS & CONTRACTS: f 1. First reading by title only of "An ordinance amending Chapter 14.08 of the Ashland Municipal Code by revising requirements for sewer connections inside the Urban Growth Boundary and providing for sewer service connection outside the Urban Growth Boundary". �2. First reading of an ordinance amending the Comprehensive Plan Map with I respect to the designation of a Hospital Care (HC) Zone. ��3. First reading of an ordinance amending the Land-Use Ordinance, adopting a new chapter concerning a Hospital Care (HC) Zone. t� 4 First reading of an ordinance amending the zoning map with respect to the / designation of a Hospital Care (HC) Zone. J5. First reading of an ordinance annexing a contiguous area, withdrawing the area from Jackson County Fire District No. 5 and zoning at C-1 Retail Commercial (Cahill Annexation) 6. Second reading by title only of "An Ordinance amending Ordinance No. 2258 as amended by Ordinance Nos. 2415 and 2536, concerning the franchise with TCI Cablevision of Oregon". 7. Second reading by title only of "An Ordinance with respect to membership on the Cable Access Commission". XI. OTHER BUSINESS FROM COUNCIL MEMBERS XII. ADJOURNMENT: (Reminder: First meeting of the Budget Committee on Feb. 18 at 7:30 P.M. in the Shakespeare Festival Conference Room, upstairs)/ Wd counciftagenda) MINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL FEBRUARY 2 , 1993 CALL TO ORDER: Mayor Golden called the meeting to order and led the Pledge of Allegiance at 7: 30 P.M. on the above date in the Council Chambers. Laws, Reid, Hauck, Acklin, Winthrop, and Arnold were present. APPROVAL OF MINUTES: Winthrop noted that a motion and vote had been omitted from the discussion on "Park Land Acquisition Funding" in the middle of the paragraph. That entire section should read as follows: "City Attorney. ,Nolte-: suggested changing the wording in one place on the measure. Acklin amended her motion to accept the Attorney's wording, Hauck amended his second, and the motion carried on roll call vote with Arnold and Laws voting NO. Winthrop moved to modify the ballot measure language to incorporate authorization for the Council to raise the F&B tax 2-5% to fund Wastewater Treatment Plant facilities, Hauck seconded and the motion Passed on roll call vote with Laws and Acklin voting NO. " The end of the paragraph entitled "Adopt Hospital Master Plan" on page four should read as follows: "Arnold moved to second reading, Winthrop seconded, all YES on roll call vote. " The minutes of the Regular Meeting of January 19, 1993 were accepted as amended. SPECIAL PRESENTATIONS: Winthrop, Council Liaison to RVCOG, said that he is the first Vice-President and Sue Kupillas is President. ' The membership is growing and their range of programs include transportation, water quality & quantity, and mobility management. Don Bruland, Acting Director of RVCOG, said their charge is to address regional issues such as those cited by Winthrop and to provide technical assistance to local governments. CONSENT AGENDA: Laws asked that item 3 be removed, and Arnold asked to discuss, item 4. Concerning item 3) Approval of meeting schedule for Citizen's Budget Committee, Laws said subcommittees for economic development and social services are necessary. Golden said the subcommittees meet at such times which are inconvenient for citizen attendance. Acklin agreed with Laws, and moved to retain the subcommittee process, Laws seconded, all AYES on voice vote. Concerning item 4) Memo from Brent Thompson concerning LCDC Enforcement Order against Jackson County, Arnold said it has always been a policy of the Planning Dept. to provide Jackson County with input on actions which will affect the city. Acklin spoke of an agreement with the County which provides for City notification of planning actions which affect certain areas, but she does not feel city staff should monitor County ordinances. Acklin moved to conclude the Consent Agenda by approving items 1) Minutes of Boards, Commissions & Committees; and 2) Departmental Reports. Hauck seconded, all AYES on voice vote. Regular Meeting - Ashland City Council - February 2, 1993 - P. 1 PUBLIC HEARING: Ordinance revising Local Improvement and Special Assessment Chapter of the A.M.C. Golden read a memo from City Attorney Nolte which was included in the packet. Nolte briefly explained the amendments and on a question from Arnold, said the sidewalk assessments chapter has been deleted and incorporated with the local improvement and special assessment chapter. The public hearing was opened and Jack Blackburn, 805 Oak St. , asked that the amendments be more "citizen friendly" and submitted a letter concerning changes he feels are appropriate. Dr. Chris Hald, 600 Roca St. , said the 10-day notice requirement should be changed to 30 days and include information concerning submission of written and oral objections. Jack Nicholson, 1575 Greenmeadows Way, said citizen input should be solicited for major ordinance changes. He then read a - letter dated February 2 , 1993 for inclusion in the record. Don Rist, 260 Joy Dr. , Talent, said the Attorney did a nice job on the ordinance, but feels the notice time should be extended, and is concerned that failure to respond is considered to be not in opposition. David Lane, 1700 E. Main St. , spoke for the Friends of Ashland, and agreed with Rist's comments. He then noted specific proposed changes to the ordinance. Estelle Richards, 463 Tolman Creek Rd. , spoke against deletion of the sidewalk assessment ordinance. Steve Zenos, 355 Grant St. , said a forum should be held 60 days prior to an ordinance change. Vicki Neuenschwander, 455 Tolman Crk. Rd. , feels an LID should be formed by a majority, that failure to object should not be considered "in favor", and the City should take responsibility for an omission or failure to notice property owners. Cynthia Lord, 710 N. Mountain, agreed with former speakers and said a simple majority to form an LID is fair. On a question from Madeline Hill, 66 Scenic Dr. , Almquist said senior citizens can defer payments under State Law. The public hearing was closed. On questions from Golden, Nolte said properties proposed to be assessed have to be peculiarly or specially benefitted, and he would recommend a 21-day notice period instead of 30 days. Several changes were agreed to by Council which will be incorporated and presented at the next meeting. UNFINISHED BUSINESS: Pioneer Cemeteries. Memos were read from City Admin. Almquist and the Historic Commission concerning the impacts of placing the cemeteries on the National Register of Historic Places. Laws moved to authorize the Commission to proceed with the nominations and Hauck seconded. Edmund Dews, 470 Siskiyou Blvd. , thanked the City Council for responding to the concern about ownership of the Hargadine Cemetery, which is now being maintained by the City. Terry Skibby, 611 Beach St. , encouraged Council's endorsement of the nomination process. The motion carried on voice vote. NEW & MISCELLANEOUS BUSINESS: Election of Budget Committee Members. Winthrop nominated John Riordan to the position expiring December 31, 1994, Reid seconded, all AYES on voice vote. Reid nominated Carol Wheeldon to a term expiring December 31, 1995,. Winthrop seconded, and the motion carried with Acklin dissenting. Acklin nominated Rebecca Orf for a term expiring December 31, 1995, Reid seconded, all AYES on Regular Meeting - Ashland City Council - February 2, 1993 - P. 2 voice vote. Laws nominated Regina Stepahin for a term expiring Dec. 31, 1995, and Acklin seconded the motion. Winthrop nominated Michael Sanford for the same position, and Hauck seconded. Stepahin was elected on a 4-2 vote. Leak Detection/Lead & Copper Testing. Dennis Barnts, Water Quality Superintendent, reviewed the memo included in the packet, which showed that very few leaks were found in 7. 6 miles of line tested, and copper and lead levels in the water are far below the Federal limits. Backyard Composting Grant. Julian Henry, Recycling Task Force, said Ashland was previously turned down for this grant from the DEQ because a good recycling program is already in place - Acklin moved to endorse the application, Arnold seconded, all AYES on voice vote. City Administrator Monthly Report. On a question from Reid concerning item #10, Almquist said the Parks Commission is submitting comments to B.P.A. on substation site alternatives. PUBLIC FORUM: No comment. ORDINANCES. RESOLUTIONS & CONTRACTS: Transportation Element Modification. Second reading by title only 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. Laws moved adoption, Acklin seconded, all YES on roll call vote. (Ord. 2698) Modify Street Dedication. Second reading by title only 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. Hauck moved adoption, Laws seconded, all YES on roll call vote. (Ord. 2699) Hospital Master Plan. Second reading by title only of an ordinance adopting the Hospital Master Plan as a sub-area development plan of the Ashland Comprehensive Plan. Arnold moved adoption, Acklin seconded, all YES on roll call vote. (Ord. 2700) TCI Cablevision Franchise. First reading of an ordinance amending Ordinance No. 2258 as amended by Ordinance Nos. 2415 and 2536, concerning the franchise with TCI Cablevision of Oregon. Acklin moved to second reading, Hauck seconded, all YES on roll call vote. Sewer Service Outside City Limits. Postponed. Cable Access Commission Membership. Laws asked that the word "other" be inserted between the words "each" and "participating" in the first sentence of Sec. 2 .21. 020.A. All agreed and Acklin moved to second reading, Winthrop seconded, all YES on roll call vote. Regular Meeting - Ashland City Council - February 2, 1993 - P. 3 Set Public Hearing - Cahill Annexation. A resolution was read by title only setting a public hearing on an annexation of an island on Tolman Creek Rd. , withdrawing same from Jackson Co. Fire Dist. No. 5 and establishing the zoning as C-1 in accord with the Comp. Plan. Winthrop moved adoption, Hauck seconded, all YES on roll call vote. (Reso. 93-05) Siskiyou Mountain Park Access. Acklin moved to authorize the Mayor and City Recorder to sign the access agreement, Reid seconded, all YES on roll call vote. OTHER BUSINESS FROM COUNCIL MEMBERS: Arnold said a Budget Committee __ - recommendation needs to be brought before the Council for action. Acklin noted the Citizen Input Survey results which show that 52% of the citizens get information from letters to the editor and she feels there is a need to respond to incorrect information. Laws agreed. ADJOURNMENT: The meeting adjourned at 10: 45 P.M. Nan E. Franklin Catherine M. Golden . City Recorder Mayor (&9n in)2-2-93) Regular Meeting - Ashland City Council - February 2, 1993 - P. 4 C I T Y O F A S H L A N D C I T Y H A L L • ASHLAND,OREGON 97540 telephone (Code 503) 482-3211 TO: Honorable Maycr and City Council FROM : Ala Williams , Director of Electric Utilities SU5.7ECT: Electric Department Activities for JANUARY 1993 THE FOLLOWING IS A CONDENSED REPORT OF THE ELECTRICAL DEPARTMENT ieCTIVITIES FOR JANUARY 1993 . INSTALLED 5 NEW .UNDERGROUND SERVICES AND 4 ALTERED SERVICES . INSTALLED 800 FEET OF CONDUIT AND 2565 FEET OF CONDUCTOR . 8 TRANSFORMERS WERE INSTALLED FOR A TOTAL OF 427 . 5 KVA AND 8 WERE REMOVED FOR A NET GAIN OF 132 . 5 KVA ON THE SYSTEM , RESPONDED TO 84 REQUESTS FOR CABLE LOCATES. HAD 244 CONNECT ORDERS AND 132 DISCONNECTS FOR A TOTAL OF 376 . THERE WERE 232 DELINQUENT ACCOUNT NOTICES WORKED AND 88 DELINQUENT ACCOUNTS WERE DISCONNECTED. THREE 45 ' POLES AND ONE 35 ' POLE WERE CHANGED OUT IN CONJUNCTION WITH OUR POLE REPLACEMENT PROGRAM. EMPLOYEES ATTENDED MONTHLY SAFETY MEETING. �� X �Xi�eEttxmExt# ply OF pa F� 1175 E. MAIN ST. ASHLAND, OREGON 97520 Phone (503) 482-5211 OFP 6 s 9 N1 4 RTME February 11, 1993 GARY E.BROWN Chief of Police TO: Mayor and Council FROM: Gary E. Brown, Chief of Police SUBJECT: Liquor License Application r/ Application has been received from RICHARD KELLEY OF "PLAYBILL CLUB" for a LIQUOR license, for an ESTABLISHMENT located at 66 EAST MAIN STREET. A background investigation has been completed on the applicant and approval of this application is recommended. i GARY 4E. ROWN CHIEF OF POLICE MC:kmh STATE OF OREGON Return To APPLICATION OREGON LIQUOR CONTROL COMMISSION GENERAL INFORMATION A non-refundable processing fee is assessed when you submit this completed form to the Commission(except for Druggist and Health Care Facility Licenses).The filing of this application does not commit the Commission to the granting of the license for which you are applying nor does it permit you to operate the business named below. (THIS SPACE IS FOR OLCC OFFICE USE) (THIS SPACE IS.FOR CITY OR COUNTY USE) Application is being made for: NOTICE TO CITIES AND COUNTIES:Do not consider this applica- ❑ DISPENSER, CLASS A ❑ Add Partner tion unless it has been stamped and signed at the left by an OLCC ❑ DISPENSER, CLASS B ❑ Additional Privilege representative. ❑ DISPENSER, CLASS C ❑ Change Location THE CITY COUNCIL, COUNTY COMMISSION. OR COUNTY El PACKAGE STORE Change Ownership ❑ RESTAURANT 9 Change of Privilege COURTOF RETAIL MALT BEVERAGE ❑ Greater Privilege (Nam^of cry or county) ❑ SEASONAL DISPENSER ❑ Lesser Privilege RECOMMENDS THATTHIS LICENSE BE: GRANTED ❑ WHOLESALE MALT ❑ New Outlet BEVERAGE 8 WINE ❑ Other ❑ DENIED WINERY DATE OT ER: D p± _ _ Isignatura) TITLE CAUTION: If your operation of this business depends on your receiving a liquor license.OLCC cautions you not to purchase,remodel,or start construction until your license is granted. 1. Name 9ACorporation, Panne h' or Individual Applicants: 2) 3) 4) 5) 6) (EACH PERSON LISTED ABOVE MUST AN INOMDUAL HHpyTORY ANp A flNANCIAL STATEMENT) ..._. _. _.. 2. Present Trade Name C�OOKrS 774✓2k n/ / RYr3f[C.. C_CNQ 3. New Trade Nama Year filed C O e raton C.ommimioner 4. Premisesaddress /,6 Zy (Number.Street,Rural Route) (City) (County) (Slate) (Zip) 5. Business mailing address (P.O.Boa.Number.Street.Rural Rout I (City) (State) (Zip) 6. Was premises previously licensed by OLCC? Yes— No— Year /9C/:� 7. If yes,to whom: Drrue' / �`Q/'�_ ^'Qy `y ��� Q• nType of license: n B. Will you have a manager: Yes JL No_ Name •yNR 4- w�Y �U�r5 i7S:f�o� (ManagN mv31 11 oul a .d.al HiStery) 9. Will anyone else not signing thi plication share in the ownership or receive a percentage of profits or bonus from the business? Yes— No ' 10. What is the local govsming body where your premises is located? yr-7' dF y�1 � Warne of C'ry or county) 11. OLOC representative making investigation may contact: /u rG�e ^4'= ''/ (Harrel / 12 S'1 oa CS7,t) Z/I/Y�;i (04d.) (/.1.No.—Iwme,bualroas.meaaa CAUTION: The Administrator of the Oregon Liquor Control Commission must be notified if you are contacted by anybody offering to influence the Commission on your behalf. ' t _ DATE Applicant(S) Signature 1) (In case of corporation, duly authorized officer thereof) 2) 4) -- 5) _.._ Original— Local Gorammant Fam MSI5�80 (3-90) X0 Q�,� 1175 E. MAIN ST. ASHLAND, OREGON 97520 Phone (503) 482-5211 y tie; �UAIi .LA o a Om OFn+6 5 9 aS / ARTME � January 21, 1993 gi hAUl �'• 11 Yv GARY E. BROWN ircRlel or Police Mayor and Council -FROM: Gary E. Brown, Chief of Police SUBJECT: Liquor License. Application Application has been received from THOMAS AND THERESA MOREAU of THERESA'S CANTINA" for a LIQUOR license, for an ESTABLISHMENT located at 76 NORTH PIONEER STREET. A background investigation has been completed on the. applicant and approval. of this application is recommended. G E BROWN CHIEF POLICE MC:kmh STATE OF OREGON Return To: APPLICATION OREGON LIQUOR CONTROL COMMISSION GENERAL INFORMATION non-refundable processing fee is assessed when you Submit this completed form to the Commission(except for Druggist and Health Care Facility :tenses).The filing of this application does not commit the Commission to the granting of the license for which you are applying nor does it permit you o operate the business named below. (THIS SPACE IS FOR OLCC OFFICE USE) (THIS SPACE IS FOR CITY OR COUNTY USE) 1pplication is being made for NOTICE TO CITIES AND COUNTIES:Do not consider this applica- - a DISPENSER, CLASS A ❑ Add Partner lion unless it has been stamped and signed at the left by an OLCC '] DISPENSER. CLASS B ❑ Additional Privilege I representative. ] DISPENSER, CLASS C El Change Location THE CITY COUNCIL, COUNTY COMMISSION, OR COUNTY ] PACKAGE STORE 1<] Change Ownership I ] RESTAURANT ❑ Change of Privilege COURTOF ] RETAIL MALT BEVERAGE ❑ Greater Privilege (Name of City of County) ] SEASONAL DISPENSEFl ❑ Lesser Privilege RECOMMENDS THAT THIS LICENSE BE: GRANTED ] WHOLESALE MALT ❑ New Outlet t - BEVERAGE & WINE ❑ Other DENIED ] WINERY DATE 7TH'+ER iL ' BY ..,s (Sipretus) / TITLE :AUTION: If your operation of this business depends on your receiving a liquor license,OLCC cautions you not to purcha ,remodel,or start construction until your license Is granted. /7 O /qIf 0 ��/+I� 1. Nam f Corporation,((((((ppppppartnership, or Individual Applicants. ( J A(%,{{�'�//��7m 3) 4) pp 5) CHp PERSON USTE eOVE UST,FILE Ml INDIV/y J11 T Y AND A FINrWCIAL STATEMENT). 2. Present Trade Name���/Y'0 3. New Trade Name/LDQ-�lAy ` '^^/v`Y-c�� Yearfiled with Corporation commiuioner 4. Premises address �" � ��L.(!/I�p/�"'t- (Number.Sb.et.Rural Rout.) (City) (County) (State) (Zip) 5. Business mailing address ��� ---- - -- (P.O.Bore Number,Street.Rural Route) (City) (Stele) (ZIP) 6. Was premises previously licensed by OLCC? Yes L No— Year C.^117oLY✓'l`y LC)I «4i- 'T�-:u.., f CrJ<r, ' D /1 7. Ifyes,towhom: ti �ti, `/=-,1.�l v_•- /.,;.-w. . r 1:<t.i Type of license: 6. Will you have a manager: Yes_ No_X' Name (Maneper meat ell out individual History) 9. Will anyone else not sign. this application share in the ownership or receive a percentage of profits or bonus from the business? Yes_ No 0. What is the local governing body where your premises is located? ✓�� p p p+eme of or,w County) - 1. OLCC representative making investigation may COnI of, 22M 76 .Prl�� (tea (Md.) Vv o fTN.Npf—tome,business.manan a) _ AUTION: The Administrator of the Oregon Liquor Control Commission must be notified if you are contacted by anybody offering to Influence the Commission on your behalf. / S DATE Applicants) Signature 1) (In case of corporation,duly authorized officer thereof) 2) /LC/Z ) /�'/ ��; •'!t�Y�,V' _ 3) 4) _ 5) - talnal— oM Goyemmant 5) - ,rm&15,15.180 latwl of ASV, mema ran dum OREGOa , City Council Members Arm: Catherine Golden, Mayor 1T�jPtf- Appointments - Bicycle and Street Tree Commissions Rob Holman has resigned from the Street Tree Commission, leaving a term expiring April 30, 1995. I would like to appoint David Mason to this open position. A letter of interest from David is attached. George Hutchinson resigned from the Bicycle Commission, leaving a term expiring April 30, 1993 . Lowell Jones, whose letter is attached, has been attending the meetings and is very interested in being appointed. Both of these positions were advertised, and I would appreciate your approval of these appointments. Attachments/ (d:\olden\crnmn\apt.MenO � Y ' ^ 112 N. WighLman St. nshlond , OR 97520 482-7080 November 11 , 190- 11/e Honorable Cathy Golden Mayor of Ashland Cjty Hall 20 East Main Ashland, OR 97520 Dear Major Oolden2 1 am interested in serving on the . My hope is to mate Ashland as conducive to the use of bicycles as possible. l feel strongly that bicycles are a neglected method of transportation in the United States, and if allowances were made for safe and convenient bicycling the world would be a better place. I ride a road or mountain bicycle daily, year round , for purposes such as commuting , errands, recreation , and competitive training. I ride an average of 5,000 miles a year . My family of four owns seven bicycles. M7 two sons, aged 14 and 16, use their bicycles in much the same way as I do. They also have had the experience of commuting to Walker Elementary School , Ashland Middle School , and Ashland high School . I feel it is a priority to establish safer bicycling for the students of the Ashland School District and encourage the future generations to grow up seeing the bicycle Am a viable form of transportation. My wife is a recreational cyclist who is intimidated by cars and pour road surfaces, but hopes to ride more often in the future. I consider myself a proactive person and am a member of the following organizations: Sistiyou Wheelmen , League of American Wheelmen , United States Cycling Federation and � Triathlon Federation/USA. I look forward to working with you, the Bicycle Cpmmission and the citizens of Ashland in rrder to improve bicycling in Ashland. Sincerely Yours, ' | | Mayor Catherine Golden 20 East Main Street Ashland, Oregon 97520 David W. Mason 111 872 Iowa Street Ashland 12 January 1993 Dear Mayor, I hereby apply for the position open on the tree commission. Ashland has been my home since 1945, when I was born. I have a landscape contractors license and have always promoted an active tree planting attitude with friends and clients. When I was in high school, while landscaping my parents' home at the above address, I planted 22 different kinds of trees for a number of 49 total trees, all of different species. While employed with California Department of Transportation in the 170's. I taught pruning to California crews along freeways in Burlingame and Yreka California; also taught tree care and disease control. .The fairgrounds in Yreka were planted with 28 different kinds of trees, 46 in total, by Siskiyou County service organisations which I originated and coordinated, in 1974. I currently do landscape design and consultations for any landscape problem. Respectfully, Vaeu( Wa/,znt David We Mason (482-2365) ASHLAND PARKS AND RECREATION 'COMMIS_SION CITY HALL ASHLAND, OREGON 97520 488-5340 /el%Y PARK COMMISSIONERS: �1, KENNETH J. MICKELSEN {.: _ ', PATRICIA ADAMS _ Director ALLEN A. ALSING - r' TERICOPPEDGE *EGO"".N THOMAS W.PYLE „ WES L. REYNOLDS M E M O R A N D U M February 4 , 1993 TO: Pam Barlow, Public Works Admin . Asst . From: Stella Gardiner, Parks & Recreation Project Coordinator Subject : UPDATE ON. HAMILTON CREEK AND SUPERIOR FORESTRY WORK The following are brief updates on the forestry work which is being accomplished on the Hamilton Creek and the Superior Property projects : Hamilton Creek. The Ashland Parks and Recreation crew are presently one-third of the way through cutting a fire break . This is in keeping with the grant time frame which is one-third expired, . i. e. the grant allows for 120 hours of cutting and the crew has completed 40 hours to date (as of February 1st . ) The Job Council brush and pile crew is scheduled to begin pile work on Saturday, February 20 . Jeff McFarland, from Parks, will be on hand at the onset . of the work to communicate/ demonstrate the work that needs to be done and to familiarize the crew leader with site operations . Superior Property. The contracted slash and pile crew from Grayback Forestry has completed its portion of Superior Property work. The site was inspected, by Parks, on February 1st in preparation for the February 3rd completion date. A final job inspection will be made today, February 4th, by Jeff McFarland. Grayback has requested payment upon completion of the job and Karen Huckins is being contacted to begin processing a city check in the amount of $7362 for this work on the 18-acres at Superior (@ $409 an acre. ) Grayback began the job on January 11, 1993 . I will keep you current on both of these projects as information comes in; however, if there is a need for immediate information, please call me at 488-5340 and I will do my best to get it back to you quickly . Thank you. . . Home of Famous Lithia Park i/ NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Ashland City Council will hold a public hearing on February 16, 1993 at 7 : 30 P.M. at the Civic Center Council Chambers, 1175 E. Main St. , to consider the withdrawal of certain real property from Jackson County .Fire District No. 5. (Cahill Annexation, 375 Tolman Creek Road) BY ORDER OF THE ASHLAND CITY COUNCIL Publish: Daily Tidings February 9 and 15, 1993. (d9cmdevMnalce) BEFORE THE CITY COUNCIL FOR THE CITY OF ASHLAND JACKSON COUNTY, OREGON In the matter of a request for ) comprehensive plan map and zoning ) map amendments to change ) Planning Action the zoning of the area around ) 92-048 Ashland Community Hospital from ) R-2 (Multi-Family Residential) to ) FINDINGS, CONCLUSIONS HC (proposed Health Care Zone) . ) AND Also included is an amendment to ) FINAL DECISION Land Use Ordinance adopting a new ) for the HC zone (18. 54) . ) APPLICANT: CITY OF ASHLAND ) -------------------------------------------------------- 1. NATURE OF THE APPLICATION The application is made up of three specific, concurrent requests: 1.1. Request for a comprehensive plan map amendment from public facilities and multi-family residential to health care for the area surrounding Ashland Community Hospital (indicated on Attachment 1.2. Request for a zoning map amendment from R-2 to HC for the area surrounding Ashland Community Hospital (indicated on Attachment 1.3. Request for amendment of the Ashland Land Use Ordinance (ALUO) adopting a new chapter - HC - Health Care Services District (ALUO Chapter 18.54, see Attachment "C") . 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 council approved all requests submitted. 2. APPROVAL CRITERIA 2.1. The above referenced requests are all Type III Planning Actions as defined in the Ashland Land Use Ordinance (ALUO) and subject to the criteria for approval found in ALUO S 18.108.060 B. ALUO §18.108.060.A defines Type III procedures: "The following actions shall follow the Type III Procedure: 1. Zone Changes or Amendments to the Zoning Map. 2. Zoning Ordinance text amendments, additions or deletions. 3. Comprehensive Plan Map Changes or Amendments. 4. Comprehensive Plan text amendments, additions or deletions. 5. Annexations. 6. Urban .Growth.:.Boundary::Amendments,:" x 3; � v> PAGE 1-FINDINGS, CONCLUSIONS_AND DECISIONS..abvzaa.R.)- 2 .2 . The criteria for approval of a Type III planning action are found in ALUO § 18 . 108 . 060.B. 1: "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. " 3. EXHIBITS. All matters=of record for this application, including previous hearings conducted before the Ashland Planning Commission, are incorporated herein by reference. For purposes of these findings, the attached index refers to exhibits, data, and testimony incorporated in the record and considered by the council in its decision. 4. TESTIMONY, EVIDENCE, AND FINDINGS 4.1. The first request involves the adoption of an amendment to the Comprehensive Plan Map of the City, changing the area around and including the hospital campus from Public Facilities and Multi-Family Residential to Health Care Services. 4.1.1. The Ashland Comprehensive Plan, Policy VII- 2.e. , page VII-25, states: "The City shall design the Land Use Ordinance to provide for: Medical uses as permitted uses in a designated, zoned area surrounding the Hospital and Maple Street. " (Emphasis added. ) This policy of the Comprehensive Plan directs the City, through compulsory language, to designate a specific area surrounding the hospital for medical uses as permitted uses. The council finds that the designation of the area delineated on Attachment "A" is an. area surrounding the Ashland Community Hospital including portions of Maple Street. By designating this area as Health Care in conjunction with the adoption of the Health Care Services district, medical uses will become permitted uses within the designation. This designation therefor accomplishes this purpose and complies with the purpose and intent of the policy. 4.1.2. The text of the comprehensive plan, Chapter VII, page 21, states: "There also exists a need to permit some conversion of residential land surrounding -Ashland Community Hospital to take the best ,advantage_of :medically related jobs :, :Such �F PAGE 2 ,FINDINGS,; CONCLUSIONS�AND.DECISIONS trq�e�rszaa oj. s;t r k , ., businesses, such as doctors and other medical specialists, and specialty sales such as pharmacies are best located in proximity to the Hospital. This not only encourages the growth of these well paying service sector jobs, it also . enhances medical services in the community and reduces traffic by placing similar facilities within walking distance of each other. This area already has a commitment to the Hospital, as a conversion from residential to commercial has taken place over the last 20 years. The needs of the medical community to expand in this area must be evaluated, and an area designated with zoning that will allow medical uses outright, retaining a higher degree of landscaping than commercial areas, and facilitating the pedestrian communication between uses in this area and hospital. " . The council finds that the comprehensive plan identifies a public need to enhance medical services as part of supporting the economy of the community, as well as providing medical services to its citizens. The area designated in Attachment A is now zoned public facilities (the hospital campus) and residential (the sections outside the hospital campus) . By designating the area delineated in Attachment A for Health Care and adopting the Health Care Services district for this area, the conversion of residential land surrounding the hospital to medically related jobs can occur, in accordance with the comprehensive plan provision quoted above. The HC zone permits, as more specifically noted below in section 4.2.1, medically related jobs such as doctors and medical specialists (§18.54.020.C) and medically related sales (§18.54.020.F) in close proximity to the hospital. See the zoning map, Attachment B, which indicates that the properties to be zoned HC are no farther away from the hospital than the width of the streets surrounding the hospital. The needs of the medical community to expand in this area have been evaluated as indicated in the "Master Facilities Plan For the Ashland Community Hospital" (further referred to as the "master plan") , Applicant's Exhibit 1. The council finds the information in this plan, together with the testimony by James Watson, . Ashland Community Hospital Administrator, Dr. John Mauer, a physician with offices across Maple from the hospital,. Stephen Lunt and Frank Billovits, members of the Ashland Community Hospital board, persuasive and uncontradicted as to the need for expansion. The hospital master facilities plan .indicates that the hospital consultants "identified the need for hospital modernization/expansion based on priorities 'established in the -Ashland Community Hospital Strategic Plan;�jBrim';Healthcare,. Inc. , 1990) and an internal needs assessment survey conducted by the consultants" including the need for acquisition of additional property. . .Master Plan, ,.page 1 The;master plan,:plus the* 2, a PAGE 3 FINDINGS,_-CONCLUSIONS AND DECISIONSw� saooaat testimony of those noted above is credible uncontradicted evidence that evaluation of the needs of the medical community has occurred. While Ben Benjamin submitted a copy of letter he had written to the Ashland Daily Tidings indicating that"there is no . adequate justification of the need for this particular zone change, " we do not interpret that statement to mean there was no need. for the medical community to expand. His statement was made in the context' that "medical facilities can be built under the current zoning and 'conditional use procedure. ' See opponents' Exhibit 1. Benjamin did indicate in this letter that "there appears to? be=.aAlot of available real estate along North Main for medical facilities." He did not indicate what. properties were available, what their zoning was -or whether they were developed for other uses. We know that North Main is several miles long and its closest location to the hospital is two blocks. See Staff Exhibit 7. In any case, this statement does not indicate there is no need for medical expansion, only that expansion could occur at some distance from the hospital. We interpret the text of the comprehensive plan, Chapter VII; page 21, quoted immediately above, as not referring to properties on North Main when it speaks of "the needs of the medical community to expand in this area." The term "this area" refers to the "residential land surrounding" the hospital. We find that real estate along North Main is not residential land surrounding the hospital. We interpret Benjamin's comments in this letter to mean that there is no public need for the proposed zone change. He quotes the criteria, however, as permitting zone changes "when there exists a public need. " As noted above in section 2.2, however, this particular criterion in ALUO § 18.108.060.B.1.a is a "public need, supported by the Comprehensive Plan." (Emphasis supplied.) Benjamin has not disputed that the comprehensive plan indicates .a public need for this particular zone change. The council concludes that adoption of a comprehensive plan map designation of Health Care, ultimately allowing for the adoption- of a specific land use designation permitting medical uses as permitted uses in the proximity of the hospital is a public need, supported by the comprehensive plan. . 4.2. The sedond request involves the adoption of a zoning map amendment from R-2 to HC for the area surrounding Ashland . Community Hospital. 4.2.1. The Ashland Comprehensive Plan, Policy VII-2.e, page VII-25, .states: "The_.City .shall .design -the Land..Use Ordinance to provide for: Medical ..Uses -as -permitted:_uses in A. designated. PAGE 4-FINDINGS, CONCLUSIONSANDwDECISIONS (ppy�pazae[ruati zoned area surrounding the Hospital and Maple Street. " (Emphasis added. ) This policy of the Comprehensive Plan directs the city, through compulsory language, to zone a specific area surrounding the hospital for medical uses as permitted uses. The HC zone .permits outright in §18.54 . 020 the following uses which we find to be medical uses within the meaning of the plan policy quoted above: "C. Offices . orr clinics for a dentist or doctor or allied health care providers, including, but not limited to, nurse practitioners; midwives; ... dietitians; psychologists; opticians; physical and occupational therapists; substance abuse councilors; chiropractors; and wellness centers, including nutritional counselling, health maintenance, and rehabilitation services. D. Ambulance and paramedic service. E. Medical laboratories F. Sales or rentals of durable medical goods. G. Congregate care facilities, assisted living facilities, residential care facilities, and nursing homes. H. Any use, located on City owned property, that is specifically allowed by the Ashland Community Hospital Master Facility Plan adopted by the City of Ashland by ordinance. " 4.2.2. The council finds that the criterion for approval of such a change, as indicated previously, is a "public need, supported by the Comprehensive Plan." See ALUO §18.108.060.B.1 quoted in section 2.2 above. The plan language from Chapter VII quoted in section 4.1.2 above applies equally to the zone change request, and indicates a public need to adopt a zone allowing for medical uses as a permitted use within the area around Ashland Community Hospital. 4.2.3. Chapter II of the Ashland Comprehensive Plan, entitled"Introduction and Definitions" discusses the comprehensive plan map, and its relation to the zoning map. Specifically, this chapter states: "According to State law, zoning decisions must be in agreement with the Plan map, meaning they cannot be of greater density or intensity than allowed on the 'Plan map. They may, of course, be of lesser intensity." See p.II-4, Ashland . Comprehensive Plan. - The council finds that- the adoption of the ,HC zoning designation for this -area,provides. ,"agreement",•with the:Health PAGE 5 FINDINGS,: CONCLUSIONS :AND DECISIONS c Care designation for the Comprehensive Plan map, and further implements the goals and policies of the Comprehensive Plan, specifically Policy VII-2 .e. 4.3. The third request involves the adoption of an amendment to the Ashland Land Use Ordinance (ALUO) adopting a new chapter - HC - Health Care Services District (18.54) . 4.3. 1. The Ashland Comprehensive Plan, Policy VII-2.e states the following: "The City shall design the Land Use Ordinance to - provide for• Medical Uses as Permitted uses in a designated, zoned area surrounding the Hospital and Maple Street. " (Emphasis added. ) This policy of the Comprehensive Plan directs the City, through compulsory language, to allow for medical uses as - permitted uses within the land use ordinance. The council finds that the adoption of a new chapter of the ALUO specifically entitled "HC-Health Care Services District" which allows for medical uses as permitted uses in the HC zone complies with the purpose and intent of this policy. 4.3.2. The council finds that the criteria for approval of such an ordinance change, as indicated previously, is "a public need, supported by the Comprehensive Plan." Chapter VII, page 21 of the comprehensive plan states: "There also exists a need to permit some conversion of residential land surrounding Ashland Community Hospital to take the best advantage of medically related jobs. Such businesses, such as doctors and other medical specialists, and specialty sales such as pharmacies are best located in proximity to the Hospital. This not only encourages the growth of these well paying service sector jobs, it also enhances medical services in the community and reduces traffic by _ placing similar facilities within walking distance of each other. This area already has a commitment to the Hospital, as a conversion from residential to commercial has taken place over the last 20 years. The needs of the medical community to .expand in this area .must be evaluated, and an area designated with zoning that will allow medical uses outright, retaining a higher decree of , landscaping than commercial areas, and.._..:. __._. / facilitating the pedestrian communication between uses in this area and hospital." (Emphasis added. ) PAGE. 6-FINDINGS;. CONCLUSIONS AND DECISIONS .- _ t _ Landscaping requirements for commercial areas are 150 of total developed lot area. See ALUO § 18 . 72 . 110.A. Landscaping requirements for the HC zone are 35% of the total developed lot area. See proposed ALUO § 18. 54. 040.G ("Maximum Coverage: Maximum lot coverage. shall be 65%11) and § 18.54. 050 ("Where other Ashland Municipal Code regulations do not refer to the HC zone, the standards for the R-2 zone shall apply. " The standards for landscaping in the R-2 zone require 35%. See ALUO S 18.72. 110. ) The council finds that the proposed HC ordinance allows for medical uses outright, yet maintains the landscaping standards of the R-2 multi-family residential district, ensuring a higher degree of landscaping than normal commercial uses. Further, all office developments are subject to compliance with the Site Design and Use Standards (Chapter 18.72) requiring the consideration of pedestrian access for all applications. 4.3.3. The council finds that the proposed new ordinance will allow a more predictable process for the placement of medical services in this area, and will work towards encouraging developing this sector of the Ashland economy. Chapter VII, page 12 of the comprehensive plan states: "General Land Use Philosophy Zoning should encourage a heterogeneous mixture of uses, including, where appropriate, residential uses. While residential uses are appropriate is some areas, those areas reserved for heavier industrial uses should be identified exclusively for economic activities. In addition to the existing centers of economic activity, small, neighborhood scale retail areas, and small employment uses should be permitted to mix with high density residential uses in areas that are impacted with heavy traffic. " The council finds that the new ordinance will allow for both medical uses and residential uses as permitted uses in this new HC zone, encouraging a "heterogeneous mixture of uses." 4.3.4. Ashland Comprehensive Plan Chapter VII, page 12, further states the following: "Finally; Ashland's private sector functions best when there are clearly defined rules stating what can and cannot be done. The City's regulations should strive to provide clear guidance, and assure that most decisions are predictable, clear, and based on objective, measurable criteria. "Ashland's current regulations can be characterized as, rigorous .and the public a ,:. ... •_. ;- P Process<.::: ,PAGE 7-FINDINGS,-.0 LUSI ONS AND DECISIONS 0:Oiaga.92-W.Fw for achieving approval can be daunting. While most would agree that Ashland's land use regulations should protect the public interest and assure quality development,, the current process is in need of reform. What is needed is clearer, more objective standards that involve less discretion, especially in the realm of land use approvals in the land use process. The uncertainty of the planning process is more harmful to economic development than even a rigorous set of definitive regulations. Entrepreneurs are already beset with a large risk in starting or moving a business, and uncertainty in the City's process will chill the expansion of business in the City. The City should revise its regulations and develop standards which clearly delineate the proper realm for public regulation, and to provide a predictable outcome to the approval process when standards are met. " Policy VII-2.f, page VII-25 of the comprehensive plan states: ".The City shall design the land use ordinance to provide for: Clear and objective standards for development reviews that provide for a quick and predictable approval process with a reduced amount of uncertainty." The council finds that the adoption of the proposed Chapter 18.54 meets the requirements of policy VII-2.f. and provides "clearer, more objective standards that involve less discretion, especially in the land use process. " The council finds that the adoption of the chapter furthers the goals and policies of the Economic Development Chapter of the Comprehensive Plan, Chapter VII. 4.4. The council, during the public hearing, heard testimony from Mr. Ben Benjamin regarding concerns over citizen involvement. The council finds that the proposed Comprehensive Plan Map, Zoning Map, and Land Use Ordinance text modifications have been adequately noticed and opportunities for involvement have been provided. Specifically, the Goal of Chapter III, Citizen Involvement, states as follows: "GOAL: To maintain a citizen involvement program that ensures the opportunity for citizens to be involved in all .phases of the planning process. " Policies. 3 and 4. implementing this goal are as follows: i 113) Ensure in the future that all citizens are given the opportunity to ,contribute . their views -to, PAGE 8-FINDINGS, CONCLUSIONS: AND ,DECISIONS itp: hwimef W planning issues through the public hearing process. 4) The City shall sponsor informal workshops during the development of significant elements of the Plan or implementing ordinances, so that complex issues may be better understood by the public. " 4 . 4. 1. The council finds that the following meetings were held allowing public comment regarding the proposed changes outlined above: Neighborhood Meeting 11/13/91 (300 notices mailed) Neighborhood Meeting 2/12/92 (300 notices mailed) Planning Commission Study Session 2/25/92 (newspaper notice) Historic Commission Public Hearing 4/ 8/92 (300 notices mailed, ) Planning Commission newspaper notice Public Hearing 5/13/92 (300 notices mailed, newspaper notice) City Council Hearing ' 12/15/92 (300 notices mailed, newspaper notice) Further, all proposed uses allowed within the HC zone, other than the development of a single family residence, will require public notice and the opportunity for a public hearing because such uses will require a site review under ALUO S 18.72.070. The Citizen Involvement Goal does not require that all or any use be subject to the conditional use procedure. Indeed, in this case, we have found, as indicated above, that these medically related uses are to be permitted outright. we find that two neighborhood meetings and three public hearings satisfies the requirements of the citizen involvement goal. In addition, the public will have ample opportunity to comment and become involved with all proposed development within the HC zone through the site review process. 4.5. Additional objections were made by neighbors during the hearings process regarding traffic problems. As noted in section 4.1.2, plan text at page VII-21 indicates by designating this area for health care services it would reduce "traffic by placing similar facilities within walking distance of each other." Further, before any development could occur (other than single family residential) , the traffic impacts will have to be evaluated, with the burden on the developer to . show that the streets have adequate capacity to service the development. This ..requirement is imposed on all such development through the city's site review process in ALUO C. 18.72._ See especially ALUO § 18.72 .070: "Criteria for -Approval. r, The, following criteria ��r+ PAGE 9-FINDINGS., CONCLUSIONS DECISIONS .(aq+va244sRw):-= shall be used to approve or deny (a development) application: A. All applicable City ordinances have been met or will be met by the proposed development. B. All requirements of the Site Review Chapter have been met or will be met. C. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation=can:and will be provided to and through the subiect Property. " (Emphasis added. ) . We are not persuaded that traffic problems will arise as a result of these approvals. We find traffic impacts may be lessened by this approval as stated in the comprehensive plan and that any traffic problems which may arise from development under these approvals will be resolved through the city's .site review process. 5. Decision. Based on the entire record and testimony received on these matters, the council decides that the request for a comprehensive plan map amendment from public facilities and multi-family residential to health care; the request for a zoning map amendment from R-2 to HC; and amendment of the land use ordinance adopting a new chapter titled "HC Health Care Services District" (Chapter 18.54) is approved. Approved and adopted by the city council on February 16, 1993. Mayor Attest-City .Recorder PAGE 10 FINDINGS, CONCLUSIONS AND DECISIONS ,typtaanaer � , ,b= ATTACHMENTS 1. 1. Request for a comprehensive plan map amendment from public facilities and multi-family residential to health care for the area surrounding Ashland Community Hospital (indicated on Attachment "A") . . 1. 2. Request for a zoning map amendment from R-2 to HC for the area surrounding Ashland Community Hospital (indicated on Attachment 1.3. Request for amendment of the Ashland Land Use Ordinance (ALUO) adopting anew chapter - HC - Health Care Services District (ALUO Chapter 18.54, see Attachment "C") . t at'h' y - PAGE 11-FINDINGS, CONCLUSIONS AND DECISIONS 6;-, yt�lly �<Y d.�.v.+YrP:i FCht »�rrHr:'+- rAS�.gy.•�4�^{i++ Y�Y.w+a+iuvnsx Yr>.; EXHIBIT "AI' COMPREHENSIVE PLAN EXISTING1`I 1 SIN611F ! _ I M06PrtK I Pv R�SIDENTI — — UTJ s mw- _ _ ..i• I i _ F PROPOSED ? , ,, _ ,—I�� "" _ _ _ —• c ITS - �- - "E` F - i . 1Y 4 �.4 / E R Fi l 5 9�• - Risl rw 1 YQ • r EXHIBIT "B" ZONING EXISTING 'i i I iL l'' E a 4 I ♦'MC1x01 1 _ i 1 'j � I CO�YUYITy 3 � xolcl«n� l ��5 � _ E4 — ERR PROPOSEDa "s ...... all _ _ _ g OETNL I i I •�� 2 . eo'�y"'�u"x"rty � 7 r— I "^�^f4 I �p] L ERR 5 R . . . . n a K.. I V5 EXHIBIT "C" Chapter 18.54 HC HEALTH CARE SERVICES ZONE Sections: 18.54.010 Purpose 18.54.020 Permitted Uses. 18.54.030 Conditional Uses. 1854.040 General Regulations. 18.54.010 Purpose. This district is designed to provide the type of environment suitable for the development of health related services and residential uses, and related activities, while reducing the conflicts between uses through appropriate design. 18.54.020 Permitted Uses. .The following uses and their accessory uses are permitted outright: A. Residential uses, subject to the requirements of the R-2 zone. B. Home occupations. C. Offices.or clinics for a dentist or doctor or allied health care providers, including; but not limited to, nurse practitioners; midwives; dietitians; psychologists; opticians; physical and occupational therapists; substance abuse councilors; chiropractors; and wellness centers, including nutritional counselling, health maintenance, and rehabilitation services. D. Ambulance and paramedic service. E. Medical laboratories F. Sales or rentals of durable medical goods. G. Congregate care facilities, assisted living facilities, residential care facilities, and nursing homes. H. Any use, located on City owned property, that is specifically allowed by the Ashland Community Hospital Master Facility Plan adopted by the City of Ashland by ordinance. 18.54.030 Conditional Uses. The following uses and their accessory uses are permitted when authorized in accordance with the Chapter on Conditional Use Permits: A. Limited personal service providers in the home, such as beauticians and masseurs. B. Travelers' accommodations, subject to the requirements of the R-2 zone. C. Professional offices for an accountant, architect, attorney, designer, engineer, insurance agent or adjuster, investment or management counselor or surveyor. D. Any medically-related use, located on City-owned property, that is not specifically allowed by the Ashland Community Hospital Master Facility Plan. 18.54.040 General Regulations A. Minimum lot area: Minimum lot area shall be 5,000 square feet. B. Minimum Lot Width: Minimum lot width shall be 50 feet. C. Minimum Lot Depth: All lots shall have a minimum depth of 80 feet. No lot depth shall be more than two-and one-half times its width. D. Standard Yard Requirements: Front yard, 20 feet; side yards, six feet; rear yard, 10 feet, plus 10 feet for each story in excess of one story. The side yard of a comer lot abutting a public street shall be 10 feet. In addition, the setbacks must comply with Section 18.70 of this title which provides for solar access. E. Special Yards - distances between buildings: 1. The distance between any principal building and accessory building shall be a minimum of 10 feet. 2. An inner court providing access to a double-row dwelling group shall be a minimum of 20 feet. F. Maximum height: No structure shall be over 35 feet in height. G. Maximum Coverage: Maximum lot coverage shall be 65%. 18.54.050 Other Re la�tt tions . Where other Ashland Municipal Code regulations do not refer to the HC zone, the standards for the R-2 zone shall apply. Staff Department Recommendation Ranking SUPPORT OPPOSE ----------------------------------------------------------------------- H: \jill\l\budget\summary Staff Department Recommendation Ranking SUPPORT OPPOSE ----------------------------------------------------------------------- A. SENIOR PROGRAM 1. Renegotiate Taxi Subsidy contract 2 2 . Combine 2-. 5 FTEs into 1-. 75 FTE 3 X 3 . Eliminate Outreach Worker position 4 X 4 . Discontinue Senior Program 4 X B. PLANNING DIVISION 1. Increase Planning fees 2 2/Involve Fire Dept in bldg permit process 1 3 . Establish counter duty schedule 1 4 . Evaluate pre-application process 2 5. Evaluate/improve handouts for public 2 6. Eliminate pre-app process 3 7/Revise planning codes& hearing rqmts 3 X 8 . Revise site review process 3 X 9 . Stretch time frames 4 local projects 3 X 10. Use consultants for some work 3 11/Only develop projects req. by state law 4 X C. BUILDING DIVISION 1. Use Cons Div staff in peak season 1 2 . Restructure in-house charges for research 2 3 . Use certificate of non-compliance 2 4 . Use in-house certification programs 2 5. Use coop agrmts w/ Fire/Elec depts. 2 6. Use special duty inspections 2 7/Use industrial electrical inspec program 2 8/Use bdgt surpluses to subsidize low years 3 X 9 . Re-evaluate vehicle use policy 3 X 10/Adopt fire/life sfty indepen juris status 3 X CONSIDER 11. Eliminate building division 4 12 . Reduce scope of inspections 4 D. COMPUTER SERVICES DIVISION 1 . Write programs to reduce workloads 2 2 . Hook up bnks/title cos 4 lien searches 2 3 . Market city's programs 3 X CONSIDER 4/Chrg modem connect fee 4 using City dbases 3 5. Sell City info on disks/yearly subscriptn 3 X 6 . Use contract programmers 3 7 . Dissolve dept fctns back to ea dept 4 Staff .Department Recommendation Ranking SUPPORT OPPOSE ----------------------------------------------------------------------- 8/Use consultants to manage & repair network 4 9/Contract City comp sery to outside agencies4 E. FIRE DEPARTMENT 1. Seek reimburs 4 city sery to state facil 1 2 . Conslidate inspec sery w/bldg. dept 2 3 . Recover costs through user fees 4 4 . Contract out (privatize) services 4 F. EQUIPMENT FUND 1. Use computr softwre for equip maint 1 2 . Extend time & mileage 4 vehicle life 1 3 . Extend time between oil changes 1 4 . Make . 5 time mechanic full-time 2 5. Analyze cost optns/compare w/contracting 2 6/Use staff abilities/contract other services2 7 . Purchase equip w/guaranteed buy back 2 8. Purch equip w/max maintenance cost 2 9 . Purch compact/subcmpct-not full size 2 10/Use computer to control/monitor fuel 2 11. Investigate multi-use vehicles 2 12/Investigate alternative fuel vehicles 2' 13 . Discontinue I&M service to others 3 14/Contract 4 outside fueling, City vehicles 3 X 15/Continue I&M testing & required repairs 4 16. Contract all equip maintenance 4 G. UTILITY BILLING DIVISION 1. Computerize various functions 1 2 . Explore changes in utility billing system 2 3 . Review meter reading options 2 4 . Contract out hotel/motel tax audit 2 5. Contract out entire billing division 4 6. Explore county-wide bus lic bureau - 4 7/Contract out bus lic/utility billing admin 4 8. Rev charter & role of City Recorder 3 9 . Contract w/othr util to provide billing 4 10/Contract w/county to admin hotel/motel tax4 11. Establish fees for lien search etc 1 12 . Aggressively invest City's monies 3 H. ACCOUNTING DIVISION 1. Eliminate special requests for checks 1 2 . Computerize payroll accruals, etc 1 3 . Simplify personnel/payroll rules 2 4 . Restructure phone routing system 2 Staff Department Recommendation Ranking SUPPORT OPPOSE ------------------------------------=---------------------------------- 5. Lengthen time between paying a/p 2 6. Contract out entire acctg division 3 7 . Contract out portions of division 3 8. Change from GAAP to cash basis actg 4 9 . Contract w/AP&R to provide actg services 2 10. Sell central services methodology 4 I. PURCHASING DIVISION 1/Computerize inventory/purchasing functions 1 2 . Revise city-wide purchsing policies 1 3 . Centralize duplicated purch efforts 1 4. Streamline purchasing procedures 1 5. Consider contracting out functions 2 6. Contract cemetery/blvd maint w/park dept 2 7. Consider closed vs open invntory system 2 8 . Consider decentralizing purchasing 4 9/Considr decntraliz bldg maint/safty & jantr4 J. ASHLAND POLICE DEPARTMENT 1. Downsize fleet to intermed sedans 1 2 . Increase foot/bike patrol 1 3 . Downgrade clerk/dispatch position 1 4 . Institute college intern program 1 5. Use detective units to relieve patrol 1 6/Use uniformed volunteer senior' citizens 1 7 . Assign detectives staggered shifts 1 8 . Contract to provide dispatch servcs 2 9 . Lease vs purchase police cars 2 10/Purchase former rental cars 4 detec/admin 2 11. Create comunty sery office positions 2 12 . Consider early retirement 2 13 . withdraw from JACNET & reasign position 2 14 . Examine shared duties 4 code enforcement 2 15. Contract to provide services to others 3 X 16. Use auto allowance vs assign veh 4 admin 3 X 17 . Reduce current level of services 3 X 18 . Use assessmnt fees & dedicate revenue 3 X 19 . Increase parking control coverage 3 X 20. Establish police cadet program 3 X 21. Take minor crime reports by phone 3 X 22/Investigate only major injury accidents 3 X 23/Review current fees & set annual CPI rise 3 X 24/Review criteria 4 NSF ck investigations 3 X 25/Contract w/county 4 muni law enforcement 4 26/Consider savings by designate Sgt salaried4 27 . Evaluate take home car program 4 Staff Department Recommendation Ranking SUPPORT OPPOSE ----------------------------------------------------------------------- K. RECREATION DIVISION 1/Contract w/other rec service providers 4 2 . Increase fees to cover operating costs 4 L. ADMINISTRATION DIVISION 1/Combine labor negotiator w/personnel dir 4 2/Move cable access&recycl prog 2 gen fnd msc3 3/Tie econ dev grnts 2 inc/dec of CPI or fnd 3 4/Tie cbl access to inc/dec of gen fund 3 5 . Revise budget .format 3 6 . Consider expenditure control budget 3 7/Include rec prog trans in rec serial levy 3 8/Inc gen fund bal toward 10 yr target 3 9/Abolish Muni Court, trans fctn to Dist Ct 3 Change to Level 4 10. Contract w/appointed Municipal Judge 3 Change to Level 4 11. Transfer Court Clerk to Police Dept 3 Change to Level 4 12/Contract w/Dist Court to provide services 3 Change to Level 4 . 13/Inc bail schedule or impose surchg on fines3 X 14 . Contract out city Attorney services 4 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. 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. PAGE 1-ASSESSMENT ORDINANCE �p:ora .ore� 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 "'-a 4 ercent of the owners of property signed by more than �a5:.,:. .. A P P y that would benefit specially from'"the Iocal 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. 4 The amount a- the estimaated o t o tts a pxgv�m1--, mode 1iy tike city engzneer a 1 a pragosed a. io#M.16n pf a cast off`- 'khe a:mp�aue�t�ttt amcsng �� awes ��; � 3rap�xtyw�:rt b B.. Optional'"Provisions. The improvement resolution may include the following: 1. if the.--tom engineer has provided an estimate :f the-eest of the-improvement, the amount of thaw estinate and prepesed alleeation ef the eest of the imprevement ameng the L:tL ea . -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; 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 . +�I. Any other information that the council deems relevant to the improvement. PAGE 2-ASSESSMENT ORDINANCE (p:ord\em m.ord 13 .20. 040 Notice of Hearing Regarding Improvement Resolution. A. Notice. Notice of the hearing regarding the improvement resolution shall be given at least ten3'0 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 failere to _bjeet to the its cif two thlzds .0. , te _ _ p�rop �Cty xswnxs tp bnet object tc� the improvements thx lmprovement will be sugeded, ar six. month:. ' A far kyXpl£ilYa? 10 on how and where gro rtY owners ab j.0-t... ° :.; :. . . . . tw may Z, if an estimated assessment has been made, the amount of the estimated assessment proposed on each particular property. The ameu - -- the r--r---- assessment shall net be generally distributed, but shall be --_t_<__a in l .,.bees delivered by mail car by perse a1 delivery to he .. ..o the let to 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 bke- mailing of any notice shall not be jurisdictional or ' nva'Idate 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. 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 PAGE 3-ASSESSMENT ORDINANCE (p:ordwm .ord) 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 all...af the owners of -yea 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. i€, p___- to the h..____g Is aseer-tained en the basis ether—geuernment-al unit making the imp_- _ __..c-`-, 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. 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 sk vote to discontinue the project or to find other sources of'.1il ds so that the actual assessment PAGE 4-ASSESSMENT ORDINANCE does not exceed the estimated assessment by more than ten percent. In determining and spreading the assessment, the council may use any just and reasonable method consistent with the benefits derived by the various affected lots. C. Adoption of Proposed Assessment. Upon receiving the proposed assessment, the council shall, after making any modifications, adopt a resolution directing that notice of the proposed assessments be mailed or personally delivered to the owners of the lots to be assessed. The notice shall contain the following information: 1. The name of the owner, a description of the property to be assessed, and the amount to be assessed against the property. 2 . A date and time by which written objections to the proposed assessment, stating specifically the grounds for objection, must be received, and the date, place and time of a hearing at which the council will consider any objections. 3 . A statement that the assessment will be levied by the council after the hearing, will be charged against the property, and will be immediately payable in full or in installments (if applicable) following the levy. C. Supplementary Notice. Supplementary notice of the proposed assessment and of the hearing scheduled to consider the proposed assessment in form and content to be determined by the city recorder may also be published or posted by the city recorder. D. Hearing Regarding Proposed Assessments. The council shall hold a public hearing on the date and time set in the notice to consider those objections filed in writing with respect to the proposed assessments. The council may adopt, correct, modify or revise the proposed assessments and shall determine the 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 f-� >the owners of the property withlfi the local lmprovemsnt distrl . .�� 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: 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. PAGE 5-ASSESSMENT ORDINANCE �:maa.rna� 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 £fie-a` good fa3tk mailing shall not be jurisdictional or 'irivaldate`"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 g._.an>:c:y.<.,>::...:.o. :.Ri i°: e,>ri.:M:::,:..,unc:.'•:_':y.;;p:.n..:n.<:..;:rro;.:n:..:..: ;,nq:y..: the additional cost, rnu�+�ei,F hpr � Go4ic 1lt�i[y 1'f7 .,1ite afic3t; assessment f©r moreEthan ten lsercentf the Ental"'` assesl}te Proposed assessments upon the respective Yots"within th'e""'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. 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 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. PAGE 6-ASSESSMENT ORDINANCE (p:oraaaawa.ora) 13.20. 110 Description of Real PropertV; 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. irregularity 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 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 PAGE 7-ASSESSMENT ORDINANCE (p:«d assw.or� f 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. 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, PAGE 8-ASSESSMENT ORDINANCE (p:ordw=.ord) 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; if such pie dings nr sp w�xtal art aa +a eEPcx to pl with the :re quirments © thi's chagtex; unless"'it appears ` otherwise that the assessment"is `urifair 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. A. <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 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 PAGE 9-ASSESSMENT ORDINANCE 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: 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. PAGE 10-ASSESSMENT ORDINANCE �: .o� 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 (xordwms.ord) FOSTER, PURDY, ALLAN, PETERSON & DAHLIN STUART E. FOSTGR _ Attorneys at Law TELEPHONE WILLIAM G.PURDY 201 WEST MAIN STREET, SUITE{A (5031 770.5466 KAREN C. ALLAN RO BON 1667 OAR) C. PEl'ERSON _ MEDFORD,OREGON 07501 TELECONER LEWIS W. DAHLIN (503)7700.6502 CARL R.J. SNIFFEN JUDY A. LI.\INGER ieon.art ervan�imx January 21, 1993 VIA HAND DELIVERY Paul Nolte, City Attorney City of Ashland City Hall Ashland, Oregon 97520 Re: Lithia Park Village Sewer and Storm. Drain Easement/Nix Dear Paul: Enclosed is the original Correction Sewer and Storm Drain Easement between Lithia, Nix and the City, which you have previously reviewed. It has now been executed by Zan Nix as Grantor, and Lithia Homes of Ashland, Inc. as one of the Grantees . As you know, the City of Ashland is also a Grantee and we need to get the City's signature before this document can be recorded. You have already reviewed this document and issued your letter approval under cover of letter dated December 16, 1992, although the matter must still be presented to the City Council for official approval and acceptance. I enclose a copy of your December 16, 1992 letter to Lloyd Haines for your convenience. Obviously, we've missed the January 5, 1993 City Council meeting. Would you please set this matter for the next available council meeting. Please let Lloyd Haines and myself know when this matter has been set for hearing. Lloyd and Zan Nix will there to answer any questions the council may have. Our only concern is that because of past controversies involving Lithia Park Village, the council may be skeptical. In reality this easement merely affirms the sewer and storm drain easement shown on the official plat, but includes certain protections for the property owner and the City. If approved by the City Council, please have the document signed where indicated on page 4 by the appropriate official and give the document to Lloyd, who will be attending the meeting. is JAN 2 2 198.3 Paul Nolte, City Attorney January 21, 1993 Page 2 Please give me a call if you have any questions . Thank you for your cooperation in this matter. Yours ruly, Gary C. eterson GCP:mas Enclosure cc: Zan Nix Lloyd Haines Mark Cooper Lithia Homes of Ashland, Inc'. CITY OF ASHLAND CITY HALL J ASHLAND,OREGON 97520 telephone(code 503)482-3211 December 16, 1992 Lloyd M. Haines Attorney at Law 1257 Siskiyou Boulevard, Suite 232 Ashland, OR 97520 I have reviewed the easement entitled "Correction Sewer and Storm Drain Easement" from Zan E. Nix to the City of Ashland and Lithia Homes of Ashland, Inc. The easement is acceptable to the city in its present form and comports with the understanding we reached through an exchange of correspondence in July, 1992 and subsequent telephone calls. Without waiving any other objections the City of Ashland may have to the Lithia Park Village P.U.D., whether contained in the pending litigation between the City of Ashland and Lithia Homes of Ashland, Inc., and Mark Cooper, or any other problems or deficiencies relating to this P.U.D., the easement will be presented to the city council at its next meeting, January 5, 1993 for official approval and acceptance. . Execution of the easement by the city can only be accomplished by the Mayor and City Recorder after approval of the city council. v v Paul Nolte City Attorney PN:sps cc: Jim Olson, City Engineer (with easement) (p:aailylhainee2.Ltr) AFTER RECORDING RETURN TO: Gary C Peterson Foster,Purdy,Allan Peterson&Dahlia P.O.Boa 1667 Medford,Oregon 97561 CORRECTION SEWER AND STORM DRAIN EASEMENT Zan E. Nix hereby grants to the City of Ashland,a Municipal corporation of the State of Oregon,and Lithia Homes of Ashland, Inc., an Oregon corporation (Lithia), its successor and assigns an exclusive Easement for the installation and perpetual maintenance, replacement or repair of a sanitary sewer pipeline and a storm drain pipeline,which Easement is more particularly described on Exhibit °A° attached hereto. Said Easement for the benefit of the Lithia Park Village PUD,as depicted on the official plat thereof now on record with the City of Ashland,Oregon,and the property to be burdened by the Easement(Burdened Property) is described as set forth on Exhibit 'B'attached hereto and made a part hereof. This Easement supersedes and modifies a prior Easement from Lithia Homes of Ashland, Inc to the City of Ashland,recorded as Document No.92-13188 in the Official Records of Jackson County,Oregon,on May 7, 1992, which Easement was recorded after the transfer of the burdened property from Lithia to Zan E. Nix. Grantor warrants that she is the legal owner of record of said real property free and clear of all liens and encumbrances except those of record as of the below date. This Easement is subject to the following conditions: 1. Lithia,the successor developer,or the City of Ashland,as the case may be,in accordance with any agreement between Lithia and the City, shall be solely responsible for construction, maintenance, repair or replacement of said sanitary sewer and storm drain lines, including clean outs, at their sole cost and expense. Page 1 of 4 - CORRECTION SEWER AND STORM DRAIN EASEMENT 2. Grantor shall receive at least two weeks written notice with respect to the construction and/or replacement of said lines. All work with respect to construction and/or replacement shall be promptly completed (in no event beyond 30 days from the beginning of work), shall be restricted to normal business hours and shall not unreasonably interfere with the peaceful use and enjoyment of the property by Grantor, her successors or assigns, or their access to and from said property. 3. All maintenance and repair of the storm drain and sewer lines shall be performed after reasonable notice and during normal business hours,except that in the case of emergency the City shall be granted unrestricted access to the clean outs and tines to perform any needed repair and/or maintenance. No notice shall be required in case of emergency. 4. Lithia, the successor developer, or the City of Ashland, as the case may be, shall promptly (but in no event longer than 30 days from the beginning of work) restore the surface of the burdened property to the same condition as prior to any construction, repair, maintenance or replacement of said sewer or storm drain lines at their sole cost and expense. . 5. Grantor, her heirs, successors or assigns may make use of the surface area of this Easement for any purposes which do not prevent access to the sewer and/or storm drain lines,including without limitation,construction of driveways,walkways,gardens, landscaping, parking areas and the like. In no event will any access be blocked, impeded or restricted to the clean outs for said utility lines. Lithia or the successor developer will have 90 days from the date of this Easement to install the sewer and/or the storm drain lines within the described easements without any paving or other improvements having been placed upon the property by Grantor. After 90 days, the property may be improved as described in this section,and it will be the obligation of Lithia or its successor developer to restore the surface of the burdened property to its original condition, including restoring any paving which may be placed upon the Easement. Grantor agrees to delay paving the driveway to be built in connection with a Page 2 of 4- CORRECTION SEWER AND STORM DRAIN EASEMENT residence on the burdened property to as late in the construction process as is reasonably practical in accordance with good and sound construction practices. 6. Grantor acknowledges that the City of Ashland or other appropriate municipal agency may, in the future, direct that additional storm water or sewage from property lying outside of Lithia Park Village PUD now of record, be serviced by the sewer pipeline and storm drain pipeline constructed in accordance with this Easement. Grantor consents to such additional service being connected to said constructed pipelines,provided that no additional sewage or storm drain pipelines may be placed across Grantor's property. Except as expressly set forth above,the scope of this Easement may not be expanded to serve any properties not presently depicted as being served by said sewer and storm drain lines on the official plat map of the Lithia Park Village PUD, now of record with the City of Ashland. Zan E. N' "Grantor" STATE OF OREGON ) ) ss. County of Jackson ) Spa.. On this�_day of4C IA K .1992, personally appeared the above-named Zan E. Nut and acknowledged the foregoing instrument to be her voluntary act and deed. Before me: tary Public for Oregon ` y commission expires: a LLOYD M. HAINES NOTARY PUBLIC - OREGON My Commission Expires July 11, 1993 Page 3 of 4 - CORRECTION SEWER AND STORM DRAIN EASEMENT BY THEIR SIGNATURES HEREUNDER,GRANTEES HEREBY ACCEPT THE CONDITIONS SET FORTH IN THIS EASEMENT: City of Ashland, a Municipal corporation of the State of Oregon By: "Grantee" STATE OF OREGON ) ss. County of ) On this day of 192; personally appeared the above-named who being duly sworn, stated that he is the of City of Ashland, a Municipal corporation of the State of Oregon, and that the foregoing instrument was voluntarily signed on behalf of said corporation and by authority of its board of directors; and acknowledged said instrument to be its voluntary act and deed. Before me: Notary Public for Oregon My commission expires: Lithia Homes of Ashland, Inc By: Pres d [ 'Grantee" STATE OF Califnrnia ) SS. County of Snnnma ) On this 31St day of December 1992, personally appeared the above-named Gordon M. Cooper , who being duly sworn, stated that he is the President of Lithia Homes of Ashland, Inc.,an Oregon corporation,and that the foregoing instrument was voluntarily signed on behalf of said corporation and by authority of its board of directors; and acknowledged said instrument io be its voluntary act and deed. Before me: •-• ' OFFICIAL SEAL-951404 Notary Public for� OF C,0 trrcu•,l%h TERI L. FINN Z My commission expires: Ia-aG-S NOTARY PUBLIC-CALIFORNIA n COExpires SONOMA My Comm m.Ezpires Dec.29,1995 y Page 4 of 4 - CORRECTION SEWER AND STORM DRAIN EASEMENT F. ' 92-13188 Exhibit " A " A 10 foot wide sanitary sewer easement lying 5 feet on each side of the following described centerline: E 5 t - Ea Z Cq rn Commencing at the section corner 'common to Sections 8, 9, 16 and 17, T 39 S, R1E of the Willamette meridians thence 5 47° 251- 23" W, 647.61 feet to a 5/8 inch x 30 inch iron reinforcing rod with a yellow. ti plactic cap marked "PIERSON OPLS 1650", said point being described per r record of survey NO. 8756 by John Pierson as recorded .in the Survey Records of Jackson County, Oregon; thence North 5.85 feet to the True Point of Beginning; thence 5 58° 00' 58" W, 101 .97 feet to the center. of a sanitary sewer manhole; thence 5 290 36' 24" E, 50.00 feet to the point of terminus. Also: . A 10 foot wide sanitary sewer .easement:.lying 5 feet on each side of the following described centerline: Esz- Ess/ Commencing at the section corner common to Sections 8,9,16 and 17, T 39 S, R1E of the Willamette meridian; thence 5 47° 25' 23" W, 847.61 feet to a 5/8 inch by 30 inch iron reinforcing rod with a yellow plastic cap marked "PIERSON OPLS 1650" , said point being described per record of survey NO. 8756 by John Pierson as recorded in the Survey Records of Jackson County, Oregon; thence North 5.85 feet, thence S 58° 00' 58" W, '101 .97 feet to the center of a sanitary sewer manhole, said point also being the True Point of Beginning; thence N 730 55' 28" W, 200.00 feet along the centerline of a sanitary sewer line to the point of terminus. Also: A 10 foot wide storm sewer easement lying 5 feet on each side of the following described centerlines Es s- 6sG- 6 S 7 Commencing at the section corner common to Sections 8, 9, 16 and 17, T 39 5, R1E of the Willamette meridian; thence 5 47° 25' 23" W, 847.61 feet to a 5/8 inch by 30 inch iron reinforcing rod with a yellow plastic cap marked " PIERSON OPLS 165011, said point being described per record of survey NO. 8756 by John Pierson as recorded in the Survey Records of Jackson County, Oregon; thence N 62° 43' 31" W, 22.04 feet to the 'True Point of. Beginning; thence S 43° 05' 17" W, 82.70 feet to the center of a storm sewer manhole; thence 5 29° 36' 24" E, 45.00 feet to the point of terminus. Lacklo;j County, Oregon Recorded QFFICIAL RECORDS 1 : 55 MAYO 71992 PM. KATHLEEN S. BECKETT 2meput, rly / 1 / N N II LA 0 CIA, ny . � M CON 1 j r :1 V� i� 1 G i m i i MAIN .A. Mill ri Cie I f t,A'fERA1... Z3 SANRARY ' gVA O to �. x ' � tea, 4. 5ANrrARY L�XfERAt- � 8 ,ti ' 1 � W P1G i <. j. b 0.�. . I ,�j1 PARCEL I : Beginning .at a point from which the Northeast corner of Section 17 , Township 39 South, Range 1 East of the Willamette Meridian, Jackson County, Oregon, bears North, 574 . 68 feet and East, 632 . 55 feet; thence North 890 50 ' West, 237 . 24 feet; thence South 560 31 ' East, 91 . 01 feet; thence South 890 50 ' East, 191. 53 feet; thence North 310 05 ' West, 58 . 49 feet to the point of beginning. PARCEL. II : Commencing at a .point on the South line of the North half of the Northeast Quarter of the Northeast Quarter of Section 17 , Township 39 South, Range 1 East of the Willamette Meridian, Jackson County, Oregon, which point bears 667 . 0 feet South and 515 . 56 feet West of the Northeast corner of said Section; thence North. 60° 14 ' West, 43 .04 feet to an X chiseled in a large granite boulder marking the Northeast corner of tract described in Volume 342, Page 253, of Deed Records of Jackson County, Oregon, the true point of beginning; thence North 70° 40 ' West, 62 . 98 feet to the Southeast corner of tract described in Volume 297, Page 434, said Deed Records ; . thence North 89° 50 ' West along the South line of said tract, a distance of 191 . 53 feet; thence South ' 73 ° 10 ' East, 115. 25 feet to the Northwest corner of said tract described in Volume 342, Page 253, Deed Records ; thence North 85° 09 ' East along the North line of said tract a distance of 141. 18 feet to the true-point of beginning. �rCL�e Rogue Valley 'Women 's Nistory Troject �Ie�e v March is 1.250 Siskiyou Blvd. • Ashland, OR 97520 ' (503) 55z-675o National Women's History Month February 10 , i992 Honorable Mayor. Golden and City Council Members 20 E Main Ashland OR 97520 To: Mayor Golden and Ashland City Council Members Members of the Rogue Valley Women's History Project would like to once again submit a request to. Mayor Golden and the Ashland City Council asking for their formal sponsorship of Women's History Month, March 1993. At their February 2nd, 1992 meeting, the Ashland City Council unanimously agreed to waive the required city banner fee in support of the project . We gratefully appreciated their show of support , in '921 , and hope that this request for waiver will again be honored. The Ashland community followed the Mayor and Council 's lead, during the month of March last year, by participating in many of our calendar of events. We hope that this will continue to be an annual support of women's lives. Si Dce rely , Of r , Rogue Valley Women's History P ject Steering Committee � 'pF ASN�Q Arm a ran d �xm pREGO •' February 9, 1993 Y1 11. Council r ram. Pam Barlow, PW Admin. Asst. 0 uDjletl. Forest Lands Commission REQUEST That Council adopt the proposed resolution creating a Forest Lands Commission. BACKGROUND The City of Ashland Forest Plan was adopted by Council on June 2, 1992. Pages 42 and 50 of this plan reconvrend the formation of a Forest Plan Citizen Board of Directors and a City Forest Plan Management Team to oversee the implementation of the plan. The proposed resolution creates the Forest Lands Commission to meet this directive and provide the maximum opportunity for public input., The following people were part of the Ashland Watershed Advisory Group and put much hard work into the development of the plan: Pat Acklin Tim Bewley Claude Curran Myra Erwin Bill Robertson Wes Reynolds Mary Smelcer Ken Mickelsen Public Works and Parks have begun implementing some of the critical forest management projects,including theoomplebon of a critical fuel break on the"Brevick"parcel,chipping and burning roadside slash piles in the Ashland Credo Watershed,and reducing slash in the "Superior"parcel. A joint Job Corp,Sod Conservation Service,and Hamilton Creek Coordinated Resource Group(which includes the City,Forest Service and private property owners)project has begun that addresses forest management in one section of the urban forest interface abutting the City. Public input is needed to pursue additional site specific forest management issues addressed in the plan,i.e. recreational trail management Coucil may wish to consider a sunset clause for this Conummon,for example,the resolution could sunset when the parcels become the responsibility of the Parks Commission. Any of the people mentioned below would be excellent Forest Lands Commissioners. USDA Forest Service, Ashland Ranger District: Mary Smelcer/Neil Benson Oregon Department of Forestry/Rogue Valley Fire Prevention Cooperative: Cliff Liedtke, Dist. Forester Greg Alexander (Worked with Hamilton Cr. Coordinated Resource Plan.) Tree Commissioner: As appointed. 1 4 Council Representative: As appointed. (Councilor Acklin worked with us through this process.) Frank Hirst:did extensive volunteer work in the forest area for the City for vacant land inventorying and the 1990 Census. Very knowledgeable. Maly Main: Small Woodlands Management,consultant,very familiar with local ecosystem,has done extensive work in the Hamilton Creek area for Southern Oregon Land Conservancy and for Bill Epstein. Bill Hicks, Retired Forest Service Geologist. Worked on HCRMP and familiar with watershed. Wildland Fire Protection Area (continued) mandatory clean-up of properties. There being no further comment from the audience, the public hearing was closed. On a question from Williams, Liedtke said in the event of multiple fires, the Ashland Watershed would have a high priority. Acklin noted steps the City has taken to reduce wildfire possibility in interface areas i.e. down- zoning, creation of a woodland zone, and physical and environmental constraints ordinance. She said assessing property owners who do not meet the wildland criteria would possibly be subsidizing future development on the hillside. City Attorney Nolte said the legal description attached to the resolution describes all property on the map and the Forestry Dept. will identify properties therein which meet statute definition of wildlands. A resolution was read authorizing the Oregon Dept. of Forestry to identify all lands within the City limits which are defined under Oregon Statute as wildland, and provide fire patrol services to same. Arnold moved to adopt same, Acklin seconded, all YES on roll call vote. (Reso. 92-33) Forest Management Plan. Public Works Admin. Asst. Pam Barlow gave the background and thanked the following Advisory Committee members: Pat Acklin, Tim Bewley, Claude Curran, Myra Erwin, .Ken Mickelsen, Wes Reynolds, Bill Robertson, and Mary Smelcer. The public hearing was opened and Charles Inman, 814 Hillview, said the plan is good but maps are inadequate and should show fuel breaks, roads, water courses and include the ski area. Richard Ernst, 975 Walker, emphasized the importance of keeping people out of high fire risk areas. Mary Smelcer, U. S. Forest Service, said the plan does a good job of dealing with key issues and urged the Council to adopt it and move forward with recommendations. The public hearing was closed. Barlow summarized the recommendations contained in the plan. Williams agreed that maps need improvement. Reid said Parks staff should be part of the managerial team. Reid moved adoption of the Plan, Laws seconded, all AYES on voice vote. Memorandum of Agreement (Lodging Association-City) . Williams moved to place on agenda, Acklin seconded, all AYES on voice vote. Dennis Slattery, 303 Granite St. , representing Chamber of Commerce said the agreement is a compromise and a way to avoid an initiative/referendum on the transient occupancy tax. Williams moved to authorize the Mayor and City Recorder to sign same, and Acklin seconded. Arnold is concerned about revenue shortfalls and feels this is bad public policy. Laws feels it would be worse if the issue was referred and there is a need for basic reform of the tax system. Reid declared that she is owner of a lodging business. The motion passed on roll call vote with Arnold voting NO. Urban Runoff Water Quality Program Plan. Public Wks. Dir. Hall told of Eric Dittmer's resignation from RVCOG to attend SOSC. He thanked Eric for all of the time and expertise lent to area agencies in water issues. - The public hearing was opened and there was no comment. On a question from Reid, Dittmer said problems with Bear Creek are nutrient loading, lack of water and high temperatures. He commended Council, Regular Meeting - Ashland City Council - June 2, 1992 - P. 3 RESOLUTION NO. A RESOLUTION CREATING THE FOREST LANDS COMMISSION THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Established--Membership. The Forest Lands Commission is established and shall consist of nine voting members including a representative of the Ashland Parks Commission and at least one owner of forest management lands identified in the Forest Management Plan adopted by the city council in June, 1992. The commission shall also consist_of certain non-voting ex officio members, including a representative of the USDA Forest Service Ashland Ranger District, a representative of the Oregon Department of Forestry, a member of the City Council, a representative from the Tree Commission, the Director of Public Works, Director of Planning, Fire Chief, Police Chief, Parks and Recreation Director or their designees. Voting members shall be appointed by the Mayor with confirmation by the City Council. SECTION 2. Terms--Vacancies. The term of voting members shall be for three years, expiring on April 30 of each year. Any vacancy shall be filled by appointment by the Mayor with confirmation by the City Council for the unexpired portion of the term. The terms of the initial nine members shall be three members for one year, three for two years, and three for three years, which shall be drawn by lot at the first meeting of the commission after the adoption of this resolution. Their successors shall be appointed for three year terms. Any commissioner who is absent from four or more meetings in a one-year period shall be considered no longer active and the position vacant, and a new person shall be appointed to fill the vacancy. SECTION 3. Quorum--Rules and Meetings. Five voting members of the commission shall constitute a quorum. If a quorum is present, the affirmative vote of a majority of commissioners present at the meeting and entitled to vote shall be sufficient to conduct business. The commission may make rules and regulations for its meetings and procedures consistent with city ordinances, and shall meet at least once every month. At its first meeting, the commission shall elect a chair and vice-chair. The Director of Public Works, or a designee, shall serve as secretary. SECTION 4. Powers and Duties--Generally. The powers, duties and responsibilities of the Forest Lands Commission shall be as follows: A. To implement the Forest Management Plan developed and adopted by the City of Ashland. B. To provide integrated, interdisciplinary direction and oversight to planning teams preparing the following plans: 1. A Fire Management Plan for the wildfire lands including lands within the city limits. 2. A Recreation Plan for the wildfire lands, including some Rogue River National Forest Lands, that utilizes the recreational potential in ways that are consistent with fire management and other resource goals. 3. An Ecosystem Management Plan for the Ashland watershed. PAGE 1-RESOLUTION (P:ord\fmtcomm.Re ) C. To develop a strong community volunteer program to assist in the implementation of the Forest Management Plan. D. To submit recommendations to the City Council regarding forest management practices. E. To ensure that plans integrate the forest management needs and concerns of the City and of private land owners in the wildfire lands. F. To promote public knowledge and acceptance of the Forest Management Plan programs. SECTION 4. Reports. The Commission shall submit copies of its minutes to the City Council and shall prepare and submit such reports as from time to time may be requested of them by the City Council. SECTION 5. Compensation. Voting members of the Commission shall receive no compensation for services rendered. The foregoing resolution was READ and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland on the day of 1992. Nan E. Franklin, City Recorder SIGNED and APPROVED this _ day of 1992. Catherine M. Golden, Mayor Reviewed as to form: Paul Nolte, City Attorney PAGE 2-RESOLUTION (P:ord\frsmomm.Ra) em a ran dum ORFGOa ,. February 9 , 1993 D: Brian Almquist, City Administrator Aram: 11 Arum: Steven Hall, Public Works Director � , 9v11(� 1- LZUjPtI: Snow/Sluicing Report -- January, 1993 ACTION REQUESTED None, information item. SNOW REPORT This is the second report on the US Forest Service snow survey for 1992. The December snow report was good news, as I noted in my last report. The January snow report continues to be outstanding. The equivalent water the snow would produce is 32.0 inches. The only higher water content was recorded in 1974 with a total of 36.7 inches. This is based on records for January from 1972 through 1993 . WATER CONTENT OF SNOW AVERAGE OF THREE USFS STATIONS MOUNT ASHLAND --------------------------------------------------- Month 1972-1993 1977* 1992 1993 Average Actual Actual Actual --------------------------------------------------- January 17. 5" 2 . 0" 9. 4" 32 . 0" February March --------------------------------------------------- * ' Lowest year of record, 1972-1993 . SLUICING REPORT Reeder Reservoir was 45% full as of 2/8/93 . Flows in Ashland Creek for the last week have fluctuated between 4 .4 and 9. 5 million gallons per day. Based on the current information, it looks fairly positive that we will sluice Reeder Reservoir this year! Dennis Barnts and I will have to make a decision on this Friday, February 12, as required by our memorandum of understanding with the affected agencies. Snow/Sluicing Report - January, 1993 February 9 , 1993 page 2 Dennis anticipates running a daytime crew and we hope to complete the project within one week. This is based on our cleaning of the smaller dams on the East and West Forks of Ashland Creek in 1991. There was very little material in the small dams and we have not had major storm events since that time that would increase the sediment in an unusual manner. I will let you know of our decision at the Friday goal session. SMH:nn\wzmr\J=Sno .Rpc cc: Dennis Barnts, Water Quality Superintendent Pam Barlow, Administrative Assistant Daryl McVey, Water Plant Supervisor Keith Woodley, Fire Chief encl: Graph History CITY OF ASHLAND SNOWMATER AVERAGE-3 STATIONS 120-/ . . z ® ® _ 100- >. ..................................................... $ .....�. >. . 7 : a i . ± � z I ® f v hil Q a.. . y .26 , .� [ . 2 ��4 , : . , « 2 •21 § 20- SNOW DEPTH Q ` WATER EQUIVALENT 7 7 7 8 84 8 9 9 UEASUREDINJANUARY - CITY OF ASHLAND DEPARTMENT OF PUBLIC WORKS SNOW DEPTH/DENSITY JAN CALABAN Il SWITCHBACK SKI BOWL AVERAGE SNOW WATER SNOW WATER SNOW WATER SNOW WATER 72 105" 2 29"7 84" 6 25"9 94" 9 27" 8 73 63. 5 16. 7 49^ 8 14" 2 56. 7 15" 5 74 113^ 2 42. 6 108. 8 40^ 0 80. 0 27" 6 100° 7 36. 7 75 61 " 6 17" 8 55. 4 17.3 51 ° 6 15" 0 56. 4 16" 7 76 43. 6 12.6 43" 3 13"3 37^ 3 10" 3 41 "4 12. 1 77 10" 2 1 ° 8 12. 3 2. 2 11 "0 2" 1 11 " 2 2^ 0 78 68^ 2 22^ 4 76,0 24" 7 64"8 20"8 69°7 22"6 79 51 " 0 18. 4 57~ 0 19.0 44"0 14" 8 50. 7 17° 4 ' 80 56° 0 20.0 70" 0 21 "0 51 °0 16" 0 59"0 19°0 81 25. 0 9,0 32"0 10° 0 22. 0 7^ 0 26" 3 8"7 82 80"0 29.0 85.0 27" 0 74"0 23.0 79° 7 26"3 83 103. 0 27^ 0 114° 0 25" 0 102° 0 28" 0 146" 3 26^ 7 84 54" 0 21 "0 63°0 23"0 57"0 21 .0 58.() 21 "7 85 64" 0 24. 3 75^ 0 27° 3 62" 0 21 . 8 67" 0 24"5 86 45"4 15" 4 57° 0 18" 0 46"0 14.2 49~ 5 15"9 87 47, 0 13^ 2 53" 0 14, 3 47.0 13° 2 49"0 13^ 6 , 88 55. 0 17.6 62, 0 18"4 50" 0 14"5 55" 7 16.8 89 66" 5 24° 8 70, 0 25" 9 62^ 0 23" 2 66. 2 206 90 31 " 0 6°5 35, 0 7, 7 32" 0 6" 9 32^7 7"0 91 23° 0 6° 2 22" 0 6^ 0 18" 0 4" 3 21° 0 5. 5 92 33"0 9" 6 33^0 10"3 26,0 8° 2 30" 7 9" 4 93 99" 0 32"8 105° 0 35. 2 88^0 28" 1 97" 3 32"0 AVG 49ol 16" 2 60° 8 18° 8 50° 4 15, 7 55° 6 17° 5 Ema ran dum • GRFGG� • February 11, 1993 II. Honorable Mayor & City Council r raV_rm Brian L. Almquist, City Administrat r llviEtl. Plaza Kiosk Proposals For the past two years, the Plaza information kiosk has been idle, since the Chamber of Commerce determined it was too difficult to staff with volunteers. I have had several requests by newspapers for permission to place newsracks on the Plaza, but instead have suggested to them that I would be asking for Council authority to re-establish an information service that could also sell newspapers from the kiosk. Attached is a request for proposals (RFP) which I would like to use for this purpose. I therefore request Council approval to proceed with this process. Attachment (1) (d:\brianbmise\kiosk.M=) CITY OF ASHLAND REQUEST FOR PROPOSALS For a Plaza Kiosk Operator Ashland, Oregon 1. PURPOSE OF RFP. The City of Ashland requests proposals for the operation of an information, news publication, and snack food business at the Ashland Plaza Kiosk. This Request for Proposals (RFP) is intended to provide interested persons. with sufficient information to prepare and submit proposals for consideration by the City. It is the City's intent to select the most advantageous proposal based on the evaluation criteria stated in-this RFP. The City reserves the right to reject any and all proposals received as a result of this RFP prior to the execution of a lease. 2 . SCHEDULE OF EVENTS. The following schedule of events shall be followed for this RFP: Delivery of proposals to City Administrator Before 2:OOpm, March 12, 1993 All proposals will be opened 2 : OOpm, March 12, 1993 Proposals Reviewed Remainder of March Interviews Sometime in March Lease authorized by City Council April 6, 1993 Operation begins May 1, 1993 3 . GENERAL INFORMATION. The Plaza Kiosk is owned by the City of Ashland and is governed by the City Council through the City Administrator. The successful proposer will be renting the Ashland Plaza Kiosk building and performing such other functions as described in the concessionaire agreement. 4. PRE-AWARD INTERPRETATION OF RFP OR LEASE. If any person who contemplates submitting a proposal for the operation finds discrepancies in or omissions from, or is in doubt as to the true meaning of any part of the RFP or the lease, that person may request clarification by contacting Brian Almquist, City Administrator, 20 E. Main Street, Ashland, OR 97520, phone (503) 482-3211. 4. 1. Any verbal clarification or interpretation of the lease documents will be accompanied by a written addendum mailed or delivered to each person receiving a RFP. Receipt of an addendum must be acknowledged by signing and returning it with the proposal. 4 . 2 . The City is not responsible for any explanation, clarification, interpretation, or approval made or given in any manner except by addenda. 5. FORMAT OF PROPOSAL. 5. 1. In order to be considered for selection, a proposer must submit a complete response to this RFP. Proposals should be prepared simply and economically, providing a concise description of the proposer's capabilities to satisfy the requirements of the RFP. Emphasis should be on completeness and clarity of content. 5.2 . The City is not liable for any costs incurred by proposers in the preparation and presentation of their proposals. 5. 3 . All proposals shall be legibly written in ink or typed. Erasures or other changes must be initialed by the person signing the proposal. All proposals shall be signed in ink by a person who is authorized to represent the proposer. 6. CONTENT OF PROPOSALS. Proposals shall contain sufficient information for the City to determine which proposer will be most qualified to furnish the services that are contemplated by this RFP. The proposal shall contain at least the following information, which shall be identified by the numbers shown following: 6. 1. The proposer's name, address and telephone number. 6.2. Names of persons who will be in charge of actual operation or management of the rented property. 6. 3. The proposer's experience and reputation for satisfactory performance of retail operations of the type contemplated in this RFP and the agreement. 6.3 . 1 Include names, addresses and telephone numbers of at least two references as to financial ability and two references as to technical ability to carry out the business plan for operation of the Plaza Kiosk. Reference letters may be submitted. 6. 3 .2 The proposer's acceptance or rejection of the lease provisions proposed by the City. The proposer may suggest changes in the agreement in accordance with paragraph 10 of this RFP. 6.4. The rent and fees the proposer is willing to pay the City. PAGE 2-PLAZA KIOSK RFP c� va � 6. 4 . 1. Describe the hours of operation proposed, including any seasonal changes in hours. 6. 4 . 2 The proposer's business plan for the operation of the Plaza Kiosk. 7 . SUBMISSION OF PROPOSAL. Each proposal shall be sealed in a separate envelope, addressed to Brian Almquist, City Administrator, City Hall, 20 E. Main Street, Ashland, Oregon 97520, showing on the outside of the envelope the words "KIOSK RENTAL PROPOSAL" . Proposals will be received until the hour of 2 : 00 p.m. , local time, Friday, March 12 , 1993 . 8 . WITHDRAWAL OF PROPOSALS. Any proposal may be withdrawn by delivering a written request to the City Administrator at any time prior to the time set for opening proposals. The request shall be signed by the proposer. Withdrawal of a proposal will not be allowed after the time set for opening proposals. All proposals shall be irrevocable for a period of 60 days from the day of opening. 9. PROPOSAL CONFERENCE. If one or more proposals appears acceptable, the City reserves the right to negotiate with any or all of the acceptable proposers after notifying each competing acceptable proposer that such negotiations will commence. 10. AGREEMENT. The proposer selected by the City will be expected to enter into a written agreement in the form attached to this RFP. The proposal should indicate acceptance of the City's agreement provisions or suggest reasonable alternatives that do not substantially impair the City's rights under, the contract. 11. OPENING OF PROPOSALS. Proposals received in response to this RFP will be opened by Brian Almquist, City Administrator in the City Hall, 20 E. Main, Ashland, at 2 : 00 p.m. on March 12, 1993 . Proposers who wish to be present at the time will be informed of the number and names of proposers submitting proposals. No other information will be made available at that time. 12 . EVALUATION OF PROPOSALS. Proposals will be evaluated by Brian Almquist, City Administrator and other City personnel. The following criteria will be considered in the evaluation process: 12. 1. Proposals that do not contain all information required by this RFP or are otherwise non-responsive may be rejected immediately. The City reserves the right to waive PAGE 3-PLAZA KIOSK RFP (im�wmwosk.Ifp) irregularities or deficiencies in a proposal if the City determines that such waiver is in the best interests of the City. 12 . 2 . Proposals that accept the City's agreement provisions, or propose alternatives that are acceptable to the City will be given greater consideration than those less advantageous to the City. 12 . 3 . The general experience and qualifications of the proposer and principal individuals and particularly experience in retail activities of the type contemplated by this RFP. 12 .4. The amount of rent and fees proposer will pay as described in paragraph 6.5 of this RFP. 12 .5. The proposer's financial and technical ability to carry out the plan for the Plaza Kiosk. 12 . 6. The proposer's business plan for the operation of the Plaza Kiosk. PAGE 4-PLAZA KIOSK RFP (m�wmvrimt.�fpJ ORDINANCE NO. AN ORDINANCE AMENDING SECTION 14 . 08. 030 OF THE ASHLAND MUNICIPAL CODE BY REVISING REQUIREMENTS FOR SEWER CONNECTIONS INSIDE THE URBAN GROWTH BOUNDARY AND ADDING A NEW SECTION 14. 08. 031 PROVIDING FOR SEWER SERVICE CONNECTIONS OUTSIDE THE URBAN GROWTH BOUNDARY THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1 . Section 14 . 08. 030 of the Ashland Municipal Code is amended in its entirety to read: Sections: 14 . 08 . 030Connections - outside city, inside urban growth boundary. 14 . 08 . 031COnnections - Outside urban growth boundary. 14 . 08 . 030 Connection - Outside City, inside urban growth boundary. Premises located outside the City of Ashland and inside the urban growth boundary may be connected to the Ashland sewer system when such connection is determined by the Ashland City Council to be in the best interest of the City of Ashland and to not be detrimental to the City's sewage facilities. Such connection shall be made only upon the following conditions: A. The applicant for sewer service pay the sewer connection fee and the systems development charges established by the City Council. (Ord. 1954 S3 , 1978; Ord. 2019 S3 , 1979; Ord. 2092 S3, 1980; Ord. 2147 S1, S2, 1981; Ord. 2263 S3 , 1983; Ord. 2316 S3 , 1984; Ord. 2322 S1, 1984; Ord. 2449 S3 , 1988) B. In the event dwellings or buildings connected to the sewer system are subsequently replaced for any reason, then the replacement building or dwelling may continue to be connected to the sewer system of the City as long as the use of the sewer system will not be increased as determined by the Director of Public Works. C. There is an existing Ashland sewer main or line to which the premises can be connected. D. The applicant furnish to the City a consent to the annexation of the land, signed by the owners of record and notarized so that it may be recorded by the City and binding on future owners of the land. E. The applicant shall provide for the payment to the City by the owners, at the time of annexation, an amount equal to the current assessment for liabilities and indebtedness previously contracted by a public service district, such as Jackson County Fire District No. 5, multiplied by the number of years remaining on such indebtedness, so that the land may be withdrawn from such public service districts in accord with ORS 222 .520 at no present or future expense to the City. (Ord. 1820, 1974; Ord. 2147 S2 , 1981; Ord. 2314 S2 , 1984; Ord. 2322 Sl, 1984) F. The owner shall execute a deed restriction preventing the partitioning or subdivision of the land prior to annexation to the City. G. The land is within the Urban Growth Boundary. (Ord. 2322 S2, 1984) SECTION 2 : Section 14 . 08 . 031 is added to Chapter 14 . 08 of the Ashland Municipal Code to read as follows: 14 . 08 . 031 Connection - Outside urban growth boundary. Premises located outside the urban growth boundary may be connected to the Ashland sewer system when such connection is determined by the Ashland City Council to be in the best interest of the City of Ashland and to not be detrimental to the City's sewage facilities. Such connection shall be made only upon the following conditions: A. The applicant for sewer service pays the sewer connection fee and the systems development charges established by the City Council. B. The connection is for the use and benefit of dwellings and buildings completed and existing on July 1, 1973 . C. An Ashland sewer main or line exists within 100 feet of the premises. . No main or lines will be extended to serve properties outside of the Ashland Urban Growth Boundary. D. The applicant shall secure, in writing, statements from Jackson County that the existing sewage system has failed and that the provision of sewer by the City of Ashland does not conflict with the Jackson County Comprehensive Plan, support documents, rules or regulations. E. The property owner shall execute a deed restriction on the property that states that no further buildings or additions to existing buildings shall be connected to the sewer service. F. The property owner shall execute a contract with the City of Ashland which provides for payment of all charges connected with the provision of sewer service to the property; compliance with all ordinances of the city related to sewer service and that failure to pay for charges when due shall automatically become a lien upon the property. A memorandum of the contract shall be recorded in the county deed records with the cost of recording to be paid by the property owner. 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 ORDINANCE NO. AN ORDINANCE ANNEXING A CONTIGUOUS AREA TO THE CITY OF ASHLAND, WITHDRAWING THE AREA JACKSON COUNTY FIRE DISTRICT NO. 5 AND ZONING IT C-1 RETAIL COMMERCIAL (CAHILL ANNEXATION) THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The land described in the attached Exhibit "A" is surrounded by the corporate limits of the city and may be annexed by ordinance without a public hearing and with or without the consent of the owner pursuant to ORS 222 .750. (The owner of this property has consented. ) This property is therefor proclaimed by this ordinance to be annexed to the City of. Ashland. SECTION 2 . A public hearing having been held as required by ORS 222 .524, the land described in the attached Exhibit "A", is declared to be withdrawn from Jackson County Fire District No. 5 pursuant to the provisions of ORS 222-. 111. SECTION 3 . The City of Ashland elects to pay the bonds of the special districts pursuant to the provisions of ORS 222 .520(2) (b) . SECTION 4 . The Ashland Comprehensive Plan map designates this property as Commercial and the property is therefor zoned C-1, Retail Commercial. 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 Reviewed as to form: 1 " Paul Nolte City Attorney PAGE 1-ORDINANCE (p:omkahw.o4 91-23707 - EXHIBIT V' Beginning at the Northeast comer of the Southwest quartet of the Southeast quarter of the Southwest quarter of Section 11,Township 39 South,Range 1 East,Willamette Meridian,Jackson County, Oregon; thence West 345.0 feet;thence South 126.27 feet;thence East 345.0 feet;thence North 126.27 feet to the point of beginning. EXCEPTING THEREFROM that portion lying within the boundaries of Tolman Creek Road. SUBJECT' 70: 1991-92 taxes are a lien, but not yet payable. Rights of the public in and to any portion lying within the limits of public roadways, if my, and/or rights of private panics over any portion lying within existing roadways or driveways not "oxd by the public records. _ ` These premix, are situated in the Talent Irrigation District, and subject to the levies and assessments thereof,water and irrigation tights,easements for ditches and canals and regulations concerning the same. An casement for installation and taafntcamce of a sanitary sewer Btu granted to the City of Ashland, including the terms and prov(,forts thereof, as set forth in Document No. 71-16453, Official Records of Jackson County, Oregon. A boundary line agreement,including the tarns and provisions 111cm f,as set forth in Document No.86-19955, Official Records of Jackson County, Oregoa roekaan count7,Orapon Asoorded O!lICL{L lIECOAD4 B:SSOCT 11AA1.p-ar. OATHLEEN S. BECRETT d REC Dayver a - Y 'X 4. S• {Ot aah,' Memorandum GREGO�,• February 12 , 1993 �11D. Mayor & City Council ram: Brian L. Almquist, City Administrato/ ,$uhjer#: TCI Franchise Amendment our current franchise with TCI, which expires in 2003, provides that our rates . are to be maintained at the average of the rates in the Rogue Valley. The committee which negotiated the franchise specifically did not want to deal with rate review, and the Council concurred. Although* our franchise is clear on the matter, the new cable act allows the Council to re-assert its right to regulate rates. My view is that we entered into our existing franchise in good faith and we should honor that commitment through its term, especially in light of the favorable concessions we obtained at that time from the cable company. In return for their agreement to implement the PEG access fee, TCI has requested that this be clarified in the amendment to the franchise, and thus I will need to read Section 2 prior to final adoption. (d:\co cakord93%Wipeg.M=) 1 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 2258 AS AMENDED BY ORDINANCE NOS. 2415 AND 2536, CONCERNING THE FRANCHISE WITH TO CABLEVISION OF OREGON. THE PEOPLE OF THE CITY OF ASHLAND ORDAIN AS FOLLOWS: SECTION 1. Section 19 of Ordinance No. 2258 is amended to read as follows: "SECTION 19. Payment to Citv. (1) The Grantee shall pay to the City, on.or before the 30th day following the end of each calendar quarter, a franchise fee of five percent of the gross annual receipts received by the Grantee during such calendar quarter from the subscribers and advertisers within the territorial limits of this franchise for each calendar quarter of this franchise. The franchise fee is for the use of public streets, alleys and rights-of-way, which are acquired and maintained at great expense to the City's taxpayers and such is of economic value to the Grantee, without which the Grantee would be required to invest substantial capital in right-of-way costs and acquisitions. (2) Pursuant to the Federal "Cable Television Consumer Protection Act of 1992", the grantee shall, effective March 1, 1993, pay to the City, on or before the 30th day following the end of each calendar quarter, a PEG access fee of not less than two percent of the gross annual receipts received by the grantee during such calendar quarter from the subscribers and advertisers within the territorial limits of this franchise for each calendar quarter of this franchise, excluding music channel and telephone revenues. This fee shall be used exclusively for facilities and equipment for PEG access. (3) To the extent permitted by state law, if the City levies a utility user tax not to exceed five percent on the subscribers of the system, the Grantee agrees to collect and remit this tax to the City, provided that the grantee shall be permitted to retain five percent of the tax collected to defray the cost of collection. (4) No other fee, charge or tax of any kind shall be imposed on Grantee, excepting property taxes and general taxes levied at like rates on other businesses within the City." SECTION 2. The City hereby reiterates its present policy in Section 20 of Ordinance No. 2258 concerning rates that require the grantee to justify any rate increase to Ashland subscribers that is greater than the average rate structure for the rest of the Rogue Valley, and does not wish to invoke rate review under the terms of the Federal "Cable Television Consumer Protection Act of 1992". The foregoing ordinance was first read on the 2nd day of February, 1993 and duly PASSED and ADOPTED this 16th day of February, 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 (a:\wuM11\ora93\Wi.Pe9) - * y CITY OF ASHLAND AGENDA FOR THE SPECIAL MEETING ASHLAND CITY COUNCIL FEBRUARY 23, 1993 I . Pledge of Allegiance: 7 : 30 P.M. , Civic Center Council Chambers II . Roll Call III . Public Hearing on Airport Master Plan . Open public hearing /B. - Staff presentation /C. Oregon Aeronautics Division Overview of process- Gary Viehdorfer, Manager, Aviation Planning ,/C. Presentation of Master Plan by David Miller of Stanley Franzoy Corey Engineering Company D. Comments from Airport Commission to City Council E. Public Testimony F. Close Public Hearing G. Discussion of Master Plan by City Council with Airport Commission H. City Council action on Airport Master Plan. (Ordinance attached for consideration) IV. Adjournment * � oFASN`Q Pmorttn � nm OREGON,, February 19 , 1993 City Administrator, Mayor, City Council and Airport a: Commission Steven Hall , Public Works Director ram: ++__ Public Hearing-Airport Master Plan SuQlPt11 l. ACTION REOUESTED City Council direct staff to return with an Ordinance and findings supporting City Council Decision. BACKGROUND The previous Airport Master Plan was prepared by Wadell Engineering Corporation and adopted by the City Council December 7 , 1982 . In 1990, the City of Ashland received approval of a Federal Aviation Administration (FAA) grant to update the 1982 master plan in the amount of $40, 000. A 10% local match was required. Shortly after that time, the FAA agreed to fund master plan updates for the Ashland, Grants Pass and Illinois Valley airports under the direction of the Oregon Aeronautics Division (OAD) A selection process began for a consultant to conduct the three studies. Merle Mills and I were the Ashland representatives for the selection of a consultant. The selection process included consensus of the three airport. representatives, OAD and the FAA. An Airport Planning Advisory Committee (APAC) was formed to oversee the development of the new master plan. There were 3 work sessions and 3 public meetings held by APAC. In addition, the Aiport .Commission held hearings on the draft and final airport master plan. The plan was a regular agenda item with the Airport Commission for over a. year. Members of the FAA and OAA were at all meetings. Minutes and attendance rosters for those meetings are included in the attached information from David Miller. The Ashland Planning Commission held a public hearing on the proposed Airport Master Plan on December 8 , 1992 . The Planning Commission unanimously adopted the Airport Master Plan as a supporting document of the Ashland Comprehensive, Plan. Attached are the minutes, letters from John W. Nicholson, Doug Foster, Jim Olson, Jerry Insley, Brian Almquist, and the Planning Department Staff Report in relation to Planning Action 92-147 . An Economic Impact Study was 'conducted by SOSC in 1988 and 1989 . The study indicates the average visitors that use the Ashland Municipal Airport expend $328 per visit which increases to $820 in contribution to the local economy using a conservative multiplier. This translates into a benefit to Ashland's economy of $1, 042 , 000 annually for an annual investment (airport budget) for 1992-1993 of $62 , 500. I understand Dr. Ed Houghton will be present if you have any questions about that study. The Airport has been supported by Federal Aviation Administration (FAA) grants over the years and is considered a part of the national transportation system. To qualify for FAA grants, a master plan must be adopted and updated on a regular basis. A master plan must reasonably project expected airport needs and ' develop a program for meeting. those established needs. FAA and Oregon Aeronautics Division oversee the master plan development process to ensure aviation projects are reasonable and that proposed development meets aeronautical engineering standards. RECOMMENDATION ' Airport Commission and staff recommends City Council adoption of the Airport Master Plan as a supporting document of the Ashland Comprehensive Plan by conducting the first reading of the attached ordinance. SMH:nn\A irp\Ms V Pln.mt& cc: Pam Barlow, Administrative Assistant David Miller, SFC Gary Viehdorfer, OAD Jack Nicholson, Citizen Doug Foster, County Resident Michael Sanford, Citizen encl: Proposed Ordinance for Adoption Proposed Master Plan (previously given to Council and Airport Commission) Barlow Memorandum to Planning Commission PA 92-147 Staff Report Planning Commission Minutes Comprehensive Plan-Airport Almquist Letter-2/8/93 Sanford Memorandum Almquist Memorandum-9/4/92 Insley Letter-12/8/92 Foster Letter-12/7/92 Nicholson Letter-12/7/92 �F ASN` . Memorandum 0 Ero December 1, 1992 Planning Commission r- ram: Pam Barlow, PW Admin. Asst. pS1IujCCt- Airport Master Plan The City of Ashland Municipal Airport is a federally funded facility, and is required by the federal government to develop in accordance with a Master Plan. The Master Plan must address and meet current and projected aviation demands. Developing in accordance with a Master Plan additionally has the benefit of ensuring that development will qualify for federal grant funding. FAA grants are 10% local , 90% federal dollars. (The State of Oregon Aeronautics Division is working to obtain a 5% State share in the local matches. ) The Master Plan does not recommend any lengthening of the runway in the short to medium range time period (within 10-15 years) . It is planned that the airport will continue to operate as a general aviation facility: This means that most aircraft operations will be smaller private aircraft, seasonal air freight, and aviation related business. The plan does not project Ashland's airport becoming a facility to serve jets or larger commercial airlines. The use of our airport is projected to grow, but the projections were more conservative than in the previous Master Plan. The Airport currently has fallen several years behind in meeting existing hangar demand. There are over 40 people on hangar waiting lists. The new master plan addresses the great need for additional hangars, but phases the proposed construction over several years so that implementation occurs carefully and does not exceed demand. Construction of new hangars will be privately funded or funded by rental revenues. Several phased expansions of the apron area are proposed to extend the tie-down area, service the additional hangars, and provide access to aviation related business . developments. The public input received on the plan resulted in revising the lay out to reserve prime hangar sites along the new apron area for aviation related business hangars/developments. 1 Chapter One INTRODUCTION The update of the Ashland Municipal Airport Master Plan has been undertaken by the Aeronautics Division (OAD) of the Oregon Department of Transportation (ODOT) and the City of Ashland to determine the existing and future role of the airport and to provide direction for future airport development. The plan was funded with a 90 percent grant from the Federal Aviation Administration (FAA), with the remaining 10 percent participation provided by the City of Ashland. The Plan has been prepared by the airport consulting firm ,of SFC Engineering Company—formerly known as FORESITE Group, Inc.--of Eugene, Oregon. The development of the master plan update is in response to the growing demands being placed upon Ashland Municipal Airport since the previous master plan was completed in 1982. The demands point to the need to evaluate the short-, medium-, and long-range facility requirements and to determine the best possible location for future airport improvements. In addition, other questions have evolved in recent years concerning the future role of the airport and the adequacy of the existing facilities to accommodate and attract business-related aviation activity. This master plan has been designed and developed to answer these questions and provide a realistic development program for the airport. The term"realistic" must be stressed at this point, since recommendations in the document are based on a number of considerations related to projected future aviation demands and expected financial resources available to the airport. Although Southern Oregon has experienced a number of economic downtums in recent years, the Ashland economy has become increasingly diversified. . This has allowed Ashland to maintain a certain amount of economic growth during periods of regional economic decline. As a result, aviation demands in Ashland have also remained relatively strong. While the national general aviation market has been depressed for some time, there are strong indications that, by providing the appropriate level of facilities and services, an airport can make a substantial contribution to the corporate general aviation user, locally based aircraft owner, airport-based businesses, and the local business community. This master plan is evidence that the City of Ashland and Oregon Aeronautics Division recognize the importance of aviation in Ashland as it relates to the rest of Southern Oregon. It also recognizes the importance of aviation in community planning and the associated challenges inherent in providing for future aviation needs. The cost of maintaining an airport is art investment which may yield impressive benefits for a community. In Ashland this is particularly important because of the Shakespeare Festival, which draws considerable business to the Ashland area annually from areas around the entire Northwest. With a sound and realistic master plan, Ashland Municipal Airport will continue to increase its role as both an economic asset and a source of pride to the residents of the area. Ashland Municipal Airport Master Plan 1-1 i STUDY APPROACH The primary objective of the Ashland Municipal Airport Master Plan is to produce a long-term development program which will yield a safe, efficient, economical, and environmentally acceptable air transportation facility for the community. The accomplishment of this objective requires an evaluation of the airport and a determination of actions that should be taken in the future to maintain an adequate, safe, and reliable airport facility to meet the aviation needs of Ashland. The completed master plan provides a step-by-step (phased) outline of the recommended developments, and gives responsible officials advance notice of pending needs to aid in future scheduling and budgeting. This allows for orderly and timely development of the airport. To accomplish the objectives of this study, the master plan study included the following: g� Inventory and analysis of data pertinent to the airport and its �I environs. • Collection and analysis of general economic factors and evaluation of the area's aviation activity. • Forecasts of aviation activity through the year 2010. • Determination of airport facility requirements and their feasibility. • Evaluation of alternatives to meet the airport facility needs. • Preparation of an Airport Layout Plan and Land-Use Plan for the airport and its surrounding areas. • Scheduling of priorities, phasing of proposed developments, and estimates of development costs. AIRPORT USERS The FAA currently defines three broad categories of aviati on activity: general aviation, certified air carrier, and military. General aviation includes every type of civil flying other than the certified air carriers; consequently, the system is characterized by a relatively low profile, although a high percentage of daily operations are of the general aviation category. General aviation flying falls into four major categories: Ashland Municipal Airport Master Plan 1-2 • Business - The use of an aircraft for executive or business,transportation. This includes aircraft used by an organization and operated by professional pilots to transport its employees and property (not; for individual compensation or hire); and aircraft used by an individual for transportation required for business purposes. • Commercial - The use of an aircraft for commercial purposes (other than regional and air carrier), including: air taxi—involving any use of an aircraft by the holder of an air taxi operating certificate; aerial application—such as crop dusting; special industrial usage—such as logging, advertising, and photography; and emergency use. • Instructional - The use of an aircraft for flight training under an instructor's supervision. • Personal - The use of an aircraft for a variety of personal reasons. General aviation is the largest and, in many ways, the most significant element of the national air transportation system, constituting 98 percent of all aircraft in use today. In 1983 the scheduled airlines served 472 airports in the United States, and today there is access to over 15,000 general aviation airports in the nation. Ashland Municipal Airport, classed as a General Utility general aviation airport, plays a role of major significance in serving the Ashland area. Commercial service carriers are those airlines which provide scheduled carriage of passengers and/or freight and are licensed by the FAA. The nearest scheduled commercial air service to the local market is Medford-Jackson County Airport, approximately 16 miles northwest of Ashland. The airport provides both air carrier and regional air service to cities throughout the Northwest and connections to larger markets beyond. There is no significant level of military activity at the airport; Civil Air Patrol operations at Ashland are included in the general aviation category based on the type of aircraft flown and typical operational requirements associated with search and rescue activities. PUBLIC INVOLVEMENT The approach used in this master plan study included an extensive public involvement process through the use of Planning Advisory Committee (PAC) and public meetings. The basic role of the Ashland Municipal Airport Planning Advisory Committee was to review the plans and proposals of the Consultant, to provide local knowledge and expertise, and to assist in developing a final airport master plan which successfully addresses the long-term needs of the airport and community. Ashland Municipal Airport Master Plan 1-3 i During the course of the study, the Consultant prepared an Interim Report and Draft Master Plan report. The reports were submitted to the PAC to allow members an opportunity to review and evaluate the results and conclusions of the work effort. This set the stage for .advisory committee and public informational meetings, which provided the forum for comment and review. This ongoing process provided all concerned a voice in the proceedings, maintained a win good exchange of information, and ensured that a realistic and effective master plan was developed for the airport. The general public was invited to play a role in the study process through the public meetings. These meetings were scheduled at strategic points in the study—subsequent to the issuance of the Interim Report and the Draft Master Plan report. . At each meeting, the Consultant team discussed how the project was progressing, what is the expected activity demand for the airport, and what alternatives were being considered. Representatives from OAD and the City of Ashland also attended these meetings and were available to answer questions concerning the operation of the airport. During the Planning Advisory Committee meetings and public.meetings, suggestions were sought for improvement of the draft reports and, if possible, incorporation into the final work effort. It was the clear intent of this study that realistic and effective airport development alternatives be prepared for Ashland Municipal Airport, resulting in an airport master plan which can be used well into the future. The preparation of this document was financed in part by a planning grant from the Federal Aviation Administration (FAA) as provided under Section 505 of the Airport and Airway Improvement Act of 1982, as amended. The contents do not necessarily reflect the official views or policy of the FAA. Acceptance of this report by the FAA does not in any way constitute a commitment on the part of the United States to participate in any development depicted therein nor does it indicate that the proposed development is enviromnentally acceptable in accordance with appropriate public laws. Ashland Municipal Airport Master Plan 1-4 MINUTES ASHLAND AIRPORT COMMISSION Wednesday, February 7 , 1990 CALL TO ORDER The meeting was called to order at 12: 05 p.m. at the Copper Skillet Restaurant by Chairman Merle Mills. ATTENDANCE Commissioners Jerry Insley, Al Alsing, Linda Katzen, Ken Jones, Greg Williams, Bill Knowles and Leo Zupan; also staff representative Steve Hall. . Guests present were Jeremy Scott and Roy Collier of Ashland Air, EDC Laison Paul Mace, Bicycle Commissioner Iry Schuller, Jack Morris and John Lockheed representing Experimental Aircraft Association Chapter 319, Dave Harrington of CAP, MFR Advisor Patrick Henry and Jane Henry, Town of Ruch. APPROVAL OF MINUTES The Minutes of the December 6th meeting were approved as written. APPOINTMENT OF OFFICERS Mills noted that appointment of new airport commissioners would occur in April and that selection of a new chairperson should happen after A_ new appointments are made. AIRPORT MASTER PLAN ���Knnllllll Mills and Hall described the initial screening ,process used for selecting the top 3 applicants for the Ashland, Grants Pass and Illinois Valley Airport Master Plans. Oregon Aeronautics is conducting the process as agents of the FAA. Two representatives of each airport and 2 representatives of the Oregon Aeronautics Division rated each firm. The final three firms selected from a group of 6 are Wilsey and Ham of Portland, Franzoy-Corey of Corvallis and Reid- Middleton of Lynnwood, Washington. The final selection will involve evaluation of detailed qualifications and verbal presentations of the 3 firms selected. TIE DOWN RESERVATIONS Tie down reservations were discussed by the Commission. Hall had received a request to reserve tie downs. He noted that if the commission concurred, reservations should only be made for monthly rentals. Alsing noted that each tie down had numbers painted at one time, but they had worn off the pavement. Insley moved that reservations be allowed for tie downs when rented by the month and that reserved be painted on the pavement. Alsing seconded the motion and it passed unanimously. SAFETY REPORT Williams introduced Iry Schuller from the Bicycle Commission. Schuller has been appointed Bicycle Safety Coordinator and was present to see how the airport safety program worked. Schuller will meet with Insley to discuss process used at the airport . Minutes - Ashland Airport Commission Page Two August 1 , 1990 Paul Mace felt that any added restrictions imposed would not alleviate much of the noise . It ' s the exception to the rule that people complain about. Hall commented that `airport revenues totaled about a million and a half dollars. Yet another complaint has been lodged by Doug Foster who claims there is low. flying aircraft around Valley View Road. Student pilots practice S-turns over freeway but should not be near A ' Valley View. DIY/ MASTER PLAN - PAC The Commission reviewed the list of recommendations for the Planning Advisory Committee to work on the master plan and agreed not to overload the committee with pro-airport users . After some discussion, Mills moved to recommend the following people and Zupan seconded: Airport Commission - Al Alsing Greg Williams Linda Katzen Airport User - Ron Bartley Homeowners Assoc. - Frank Smith Economic Dev. - Paul Mace Airport Business - Steve Green FBO - Jeremy Scott. Staff - Steve Hall The motion carried unanimously. MURPHY - SPECIAL REOUEST Mr. Richard Murphy was. present to ask the Commission to review a request to build a single family residence at 39 lE 13D tax lot 1700 . The original request was approved by the County back in February of 1987 but never came to the City. The structure was never built. Hall pointed out the location of Kip Thomas ' and Mr. King ' s lots on an overhead map of the area and said they were required to get surveys before building to show that the structure would not penetrate the imaginary surface. The applicant is moving the location of the home site because of some septic problems . The application entails about 7 acres and is in the secondary safety zone . The Murphys have already signed a hold harmless agreement . Staff recommends approval with the condition that a survey be required so that the structure does not penetrate the imaginary surface . Mills so moved and Williams seconded. The motion carried unanimously . ASHLAND AIRPORT COMMISSION MINUTES WEDNESDAY, DECEMBER 4 , 1991 CALL TO ORDER The meeting was called to order at 12 : 00pm in the Council Chambers. Those present were Chairperson Al Alsing, Commissioners Leo Zupan, Linda Katzen, Bill Knowles, Ken Jones, i Jerry Insley, and Merle Mills, Council Liaison Rob Winthrop and �! Steve Hall, Director of Public Works; Pam Barlow; Administrative Assistant to Public Works; and Rhonda Moore, Administrative Secretary. APPROVAL OF MINUTES Minutes were approved. with the following amendments: Old Business, Item B: Insley moved to accept Reeser' s proposal for Part 135 Air Taxi Service. Motion passed. Old Business, Item C: should read December Commission meeting. New Business, Item A: should read- hung in Airport administration building. FBO REPORT Scott reported that the FBO, remodel project is progressing well . FBO is planning to sponsor an Open House when the remodel is completed. Scott was asked why there was a difference in the monthly tie down fees collected. The extra $2 . 00 is to cover Mogas and was passed by Council as a separate issue besides the rate for the monthly tie downs. Hall will check on this and report back to Commission. Hall reported that the hangar rental accounts are current now. OLD BUSINESS ASTER A. MASTER PLAN: MEETING REVIEW Barlow presented the proposed master plan layout which was reviewed in November. Allan Sandler recommended the space designated !'non-aviation use" be changed to state"reserve future aviation use" to protect the airport land use. Charles Shafer asked when the New Hangar construction was forecast. Hall advised sights might be made available by Spring of 1992 . Jones requested Staff be attentive to midfield takeoff areas on proposed Master Plan and adjust accordingly. d+� • ASHLAND AIRPORT COMMISSION MEETING MINUTES - August 7 , 1991 page 7 C. CHOATE/MEISTER PLAN OWNERSHIP Barlow reported to the Commission that Oregon Aeronautics Registration department and the FAA was unable to verify partnership registration of N711TGP hangared at the airport. The registration shows Dick Meister as sole owner. Staff will follow up. D. MAINTENANCE OF CAP HANGAR Hall reported that the FBO, Scott and the CAP were working on cleaning up the CAP Hangar. Harrington reported that the drainline was being trenched, concrete floor being set and the bathrooms were being completed. Harrington requested the Commission okay ,a drain be installed in the bathroom floor to the outside trench. Alsing asked Hall to check the drain plan in existence and work with Harrington on this project. E. REVIEW OF SAFETY REPORTS Insley reviewed the July safety report. Hall noted that he has asked for assistance from the Fire Department in replacing the base radio with a new one. Barlow is making price comparisons. Handheld radio is being used now. NEW BUSINESS A. MASTER PLAN: UPDATE David Miller reviewed the update on the Master Plan. Hall advised that there had been some delays with the Plan, but it is proceeding now. Commission requested a work session be planned with Staff and the Advisory Commission. Hall reported that the final changes and updates on the Plan should be completed by the end of October. B. REVIEW OF "NEW HANGAR" SURVEY FORM RESPONSES Barlow presented the responses accumulated from the recent needs survey of people on the "New Hangar" list. Respondents were interested in closed private plane hangars. Interest in City- built hangars was equal to the interest expressed in privately- built hangars. C. FBO REMODEL: UPDATE Bids on the FBO remodel will be opened by the City on September 5. ASHLAND AIRPORT COMMISSION MINUTES Wednesday, November 4, 1992 CALLED TO ORDER Meeting was called to order at 12:00pm by Chairperson Insley. Commissioners present were Mills, Jones, Katzen, Knowles, Alsing, Zupan, and Ben-Lesser. Staff was represented by Steve Hall and Pam Barlow. Paul Mace represented the Pilots' Association. CONDOLENCES Chairperson Insley requested the minutes reflect that the Airport Commission expresses their sorrow on the sudden death of Walter Graham and offers their condolences to his family. APPROVAL OF MINUTES The minutes were approved as corrected. NEW RFP: SELECTION PROCESS & SELECTION CRITERIA SUBCOMMITTEE REPORT Alsing reported RFP Subcommittee's development of a format. Insley stated it was critical that background checks be done prior to interviews for FBO. RECOMMENDATION TO COUNCIL ON THE FINAL VERSION OF THE MASTER PLAN Jones moved to recommend approval of Master Plan with Commission's endorsement of preferred alternate be sent to Planning Commission and City Council. Motion was seconded and passed. HANGAR SUBCOMMITTEE REPORT (LOTTER/LEASE) Jones reported on subcommittee's activities: reviewed land lease concepts, taxiways should be constructed along with hangars, low initial land lease with hangar ownership reversion in a number of years was felt to be best long-term financial option, cash flow problem was discussed, hangar owners would develop in lieu of 14-17¢/square foot, City suggested maintenance fee i.e. $150/year/unit, discussed 20 year-reversion term. Insley suggested Pilots' Association review for their input. Knowles stated he understood the policy was that the City would eventually own all facilities and he feels it is in City's best interests. Insley stated the intent was eventual ownership. Mace stated the Pilots' Association wanted to bring six hangar builders to the Commission rather than use a lottery system. Sandler suggested City would receive more money if the spaces were put up for bid. Shafer suggested separate structures with no common walls. Jones stated subcommittee thought a 30" space would collect Junk and was a poor use of space. The design study is needed from Engineering. Alsing requested clear direction from City with specifications. Insley agreed. Hall advised that ultimately, the choice of builders would rest with the City Council and they would delegate negotiation of the final leases to the City Administrator. Hall stated that staff would prefer setting standards and reviewing a proposal. Insley suggested there be 1 or 2 alternates to the standards. Knowles requested Commission recommend to Council that all hangars become property of the City. This will be on the agenda in December. Staff will return with a suggested policy, with commercial business hangars in a separate category. REVIEW OF SAFETY REPORTS—BEN-LESSER Ben-Lesser gave his safety report. The tower light for KCMX radio was still out It has been reported to. the FAA. GEORGE'S HANGAR PURCHASE Hall reported the purchase of George's hangar by Alan DeBoer was reviewed by Council on November 3. ASHLAND PLANNING DEPARTMENT STAFF REPORT December 8, 1992 PLANNING ACTION: 92-147 APPLICANT: City of Ashland LOCATION: Ashland Airport - Dead Indian Road ZONE DESIGNATION: E-1 COMPREHENSIVE PLAN DESIGNATION: Airport REQUEST: Adoption of the Airport Master Plan as a supporting document of the Ashland Comprehensive Plan. I. Relevant Facts 1) Background - History of Application: In Chapter X - Transportation, of the Comprehensive Plan, there is a short section regarding the Ashland Municipal Airport. While there are no specific goals or policies regarding the airport in the Comprehensive Plan, it states that the airport master plan is the ruling document concerning airport development and is adopted by reference as a supporting document of the plan. The previous Airport Master Plan was an update of the 1975 plan, and was adopted by the City Council in 1982. It has been the guiding document since that time. A copy of the proposed plan has been provided to all Commissioners. 2) Detailed Description of the Site and Proposal: The "Ashland Municipal Airport Master Plan" constitutes a relatively large document addressing all issues regarding airport operations and future development. There are some key areas that are most pertinent and informational in the review by the Planning Commission as part of the adoption process: PLANNING ACTION 92-147 REQUEST FOR ADOPTION OF AIRPORT MASTER PLAN AS A SUPPORTING DOCUMENT OF THE ASHLAND COMPREHENSIVE PLAN. APPLICANT: CITY OF ASHLAND The memo from Jim Olson and the letters from Foster, Nicholson, and Insley were entered into the record. JACK BLACKBURN, 805 Oak Street, asked to defer this issue to the Council. STAFF REPORT The Airport Master Plan is the supporting document of the Transporation Plan. There are no policies or goals within the Comp Plan referring to the airport other than noise. Also, the City should attempt to discourage residential development near the airport or near the noise area identified in the Airport Master Plan. This has been done through the E-1 overlay of the zoning ordinance. The adoption of the Master Plan is a supporting document of the Comprehensive Plan. Most of the preparation of this document has been through Public Works. This plan works better with the Land Use Ordinance and Comp Plan. Staff has recommended adoption of the.plan. PUBLIC HEARING STEVE HALL, Public Works Director, and airport manager, said that Pam Barlow and Jerry Insley will make comments. He reserved the right for rebuttal. PAM BARLOW, explained that the Airport Master Plan has been rewritten with the help of a consultant and the Airport Master Plan Advisory Committee. She showed projections and activities at the airport on the overhead. There has been some commercial development space reserved at the airport for future use. There has been a demand for more hangars with a waiting list of 40. Aviation is a good industry for Ashland. It provides clean jobs and contributes over $1 million to the community. GERALD INSLEY, 399 Mowetza Drive, Chairman of the Ashland Airport Commission, stated that the capital improvements would be privately funded with a City lease. They have been reluctant to encourage businesses until they have a plan to hang their hat on. There have been public meetings over the past two years on this master plan. In addition to serving the needs for private aviation, the airport functions in conjunction with Medford Airport since Ashland tends to be more "fog free" in the winter months. The airport has a considerable impact on the City of Ashland as a whole. ASHLAND PLANNING COMMISSION y REGULAR MEETING - MINUTES DECEMBER 6, 1992 the master plan. This would be important in finding and fighting fires. CLIFFORD CHANEY, expressed that if Ashland Airport is open, Mercy Flights can pick up passengers here. He is anxious to make sure Ashland does not close. COMMISSIONERS DISCUSSION AND MOTION Carr moved to recommend approval of the Airport Master Plan to the City Council as a supporting document to Ashland . Armitage seconded the motion and it carried unanimously: PLANNING ACTION 92-148 MODIFICATION OF X-3-h OF COMPREHENSIVE PLAN (TRANSPORTATION ELEMENT - STREET DEDICATIONS AND DESIGN) TO ENCOURAGE INTERCONNECTED STREET NETWORKS WHILE NOT ENCOURAGING THROUGH TRAFFIC. APPLICANT: CITY OF ASHLAND STAFF REPORT McLaughlin requested one change in the proposed new wording. "...but. through automobile traffic shall be discouraged...", change to "... but non-local automobile traffic shall be discouraged... Medinger did not recall the discussion of disliking cul-de-sacs. This could be a mistake while infilling in small parcels. Bingham thought cul-de-sacs were a remnant of curvilinear planning. A good example of the problems with cul-de-sacs is the extension of Oak Knoll where the cul-de-sacs terminate 200 feet from each other. This wording is probably coming too late, but it is a step in the right direction. This will not ban cul-de-sacs, but just discourage them. McLaughlin showed the aerial map of the large vacant area around Grizzly Meadows. Right now, there is no master plan showing street interconnections. He was able to convince Buck Munson to dead end a road and that will later connect with Jaquelyn street. Hibbert agreed with Bingham and McLaughlin and believes this wording will accomplish through streets. Jarvis said the new wording is saying the same thing as the old wording, only more clearly. ASHLAND PLANNING COMMISSION 11 REGULAR MEETING MINUTES DECEMBER 8, 1992 . on of those two reduction measures TABLE X-5 It in a very significant reduction t production. . All forms of pollu- be reduced by at least 50%. Downtown Parking Spaces - 1051 stable traffic flows result in Off-street parking - 693 1 efficiency and lower production City-owned - 164 ts. Congestion, with the resultant Private - 460 traffic, results . in much lower Restricted - 69 ncy and higher emissions of pollu- :ially carbon monoxide. On-street parking 358 Downtown fulltime employees - 800 s of parking on East Main Street 'laza area downtown ' show a need nal parking spaces. The problem Source: Ashland Chamber ofComnterce ute during the summer tourist sea- Downtown Parking Committee that the Shakespearean Festival to almost a full year, the tourist lengthened, worsening the gear- ing problem. traffic. The use of alleys for loading could help this situation. Bus parking around the )arking in the downtown area also Festival and downtown is also a problem due el speeds and increases traffic con- to the lack of facilities. As shoppers become more frustrated traffic and parking situation, they Residential areas have little parking prob- to find alternative shopping areas lems. Garages,, carports and driveways pro- :tive. vide parking for residents with on-street parking handling neighborhood visitors. )wn merchants and the Chamber of lave noted that there is a lack of AIRPORT laces downtown to accommodate oyees and customers. They claim In 1963, the City of Ashland purchased the g problem is making the downtown property where the site of the present airport petitive as a shopping area. is : located. In 1968, the airport runway was paved and . lighted, a small apron ;.was :gestion downtown is also caused paved, and an administrative building ;, was adequate . number of loading zones, constructed. Since then, the airport has lcks to;: use one of the lanes of been further upgraded through City e9*RIae'ff'tit County efforts. The existing airport consists CONCLU_` l of 67 acres of land and 10 acres of ease- ment. The airfield has a 50' x 3400' run- As the way and partial parallel taxiway. There studies are 36 paved parking positions in the termi- suffered nal area. from we g to perca The City, under a State of Oregon and Feder- does no al. Aviation Administration Planning Grant, have miL retained Wadell Engineering Corporation in of the December to develop an Airport Master Plan mented to . determine airport facilities required to shows t serve the vicinity through the year 1995• the City This plan was completed and adopted by the pensive, Ashland City Council on October 5, 1976. Lions to Y This plan is the ruling document concerning true of airport development and is hereby adopted of the by reference. The plan . is currently being transpor updated by Waddell to reflect changes that would h. have occurred since 1975. vironmen n g could This plan foresees continued growth in opera- the 1980< tions at the airport and proposes ways to The goa ound the accommodate blem due that growth. The recom menda- project I tions in the Master Plan stop short of recom- small-scz mending that the City annex the airport. made at tg However, City administration and the City a docu p pro-- m Council believed that the airport should be suggestec on- pro- annexed to ensure better control of what on- occurs in the area, extension of public facili- Street Co ties to the airport, and generation of addi- tional public revenue to support the airport Ashland operation. Subsequently, the annexation system f• ased the process was completed November 3, 1981. fic throu t airport al transl !way was We have con was unpaved '.ing was continue .)ort has gressive ity and streets. . ; , i .. CITY OF ASHLAND CITY . HALL ASHLAND,OREGON 97520 teieonone Node 503)482-3211 February 8, 1993 Mrs. Joni Smith, President League of Women Voters of Ashland P.O. Box 1296 Ashland, OR 97520 Re: LWVA Advocate . Airport Article Dear Joni: I would like to respond to an article on page 6 of the February issue of the LWVA Advocate written by Jack Nicholson, and particularly to Jack's characterization of airport issues: 1. Capital Improvements. Of the total of $4,107,125 in project proposals for the next 20 years, only the first 5 projects totalling $996,530 are included in the 5-year Capital Improvement Program. The funding for these projects is as follows: $497,700 Federal Aviation Admin. Funds 29,930 State Airport Funds 440,000 Private Funds 12,500 Airport User Revenues 12.400 City Revenues $996,530 TOTAL As one can see, only $12,400 or about 1.2% of the projects involve city funds. The remaining $3,000,000 in projects have not even been prioritized, nor have funding sources been identified. I would expect the mix of non-FAA "local' fends for the remaining projects over the next 20 years to be similar to those listed above. Each and every one of these projects would have to come before the Citizens Budget Committee in the year it is proposed to be completed. Approval of the Master Plan is not an approval to proceed with any.project, or of any suggested funding source. This is also true of any project listed in the 5-year Capital Improvement Program. 2. Selling the Aiport. Each time the City has completed a project with FAA funds (usually 90% of the cost, with the State contributing S%), we have signed a covenant with the Federal government that the project would be maintained for a minimum of 20 years. If the airport TO: ASHLAND CITY COUNCIL FROM: MICHAEL SANFORD RE: AIRPORT Council members : I wish to submit the attached materials in lieu of oral testi- mony. The 100 acres of city 'property devoted to the airport is a commitment equal to Lithia Park. The acreage in the airport overlay zone ( and therefore subject to planning restriction ) is larger than the entire city park system. The Ashland airport is used by - what? - . 05o of Ashland residents ; the park system by almost everybody. Why does private aviation merit such an extraordinary' commitment of resources? The SOSC study on the economic impact of the airport is invalid in its survey techniques and nothing may be drawn from it . Unlike most of the people who cite this study, I have read it . The survey did not ask. any of the respondents whether , if Ashland airport were not available , they would have landed in Medford or visited Ashland by other. means . The conclusions of the study are based on the assumption that the airport itself is the destination and the source of the economic impact . In fact , of course , the Shakespeare Festival is the primary draw as shown elsewhere in the survey data. The same methodology could be used to prove that any parking lot in the City of Ashland generates enormous economic impact . Subsidies . The Airport property is off the tax rolls . The .airport overlay zone depresses the assessed valuation of all property within it . You .will remember that when the Rob Winthrop mini storage facility was approved Rob correctly pointed out that not to approve it was "almost a taking" of the property because there were so few alternative uses under the restrictions of the airport overlay. When I lived in a house along the airport runway I appealed my assessment and got a substantial reduction based on the proximity to the airport . All property within the overlay is within the boundaries of the Ashland School District and school tax payers throughout the District pay significantly more because of the airport . Environmental Impact . Discussion of environmental impact in the text of the Masterplan is inadequate . the following items are completely absent : 1 . Sewage and waste disposal . 2 . Underground storage of aviation fuel . 3 . Additional paving with attendant runoff ; esp. the wash of petroleum products into soils and into Neil Creek. 4 . Jet exhaust fines ; a substantial problem during winter time air inversions . 5 . Airport Noise . ( Please see my 1992 letter to the Airport Commission ) The Airport Commission has refused to place any controls on takoff noise generated by based planes . I ' m not talking about itinerate, flyers based elsewhere . A condition of the adoption of this plan. should be a requirement that based planes meet maximum takeoff noise requirements . We 're talking about people having fun , here , not commerce . "Hold Harmless "Provisions . Because all properties within the airport overlay zone are subject to diminished legal rights , (See attached - "hold harmless " agreement . ) a leak from the underground fuel storage tanks that reached an underground aquafer or Neil Creek could seriously damage nearby property owners . Presumably the City and the Federal Government would resist paying compensation based on the language of the "hold harmless " agreements . Do you really want to go this far in your support of private airplane ownership? Other Public Purposes - The violin music . Many pilots and Airport Commissioners have a personal stake in the adoption of this plan. For one thing, it clears the way for some of them to reach their. long-term goal of getting a hanger for. their own plane . This, .personal stake is often expressed in terms of public purposes such as medical evacuations , fire fighting, package delivery, etc . These points would have considerable importance if Ashland were remote from other airports . With a superior airport located scarcely 25 minutes away from which all these services and more are offered these arguments lose their significance . Besides , closing the airport is not being discussed. Fog Relief . Lets* not get carried away. When I lived over there the Ashland Airport could be closed by fog every morning for weeks . Better than Medford, yes , but .not reliable . General Economic Viability. The history of plans for Ashland Airport is a history of grossly exVq rated hopes . Ask Pam Barlow fbr the operations estimated in theAWrsus what actually happened. According to b4e Wadell and Reed there were supposed to be 15 employees at the . Airport in 1980 and 28 by 2000 . Dream on. The basic problem is - that there are too many tie-down spaces in Southern Oregon chasing. too few airplanes . The reason is obvious . Since the aviation trust funds offers every community free capital to try to lasso some tie down rentals and fuel sales the cities compete with each other . Since. the capital is not their own they don ' t have to be careful with it . . The result is over-building and false dreams of revenue . Medford is planning a large expnsion of its airport ; I 'm told Grants Pass is too . Why not? It ' s like the S & L ' s whose capital was guaranteed. The Sweet Deal on Hangars . So 5 or 6 people with $20 , 000 loose change build hangars and in 20 or 25 years the City gets them. Do you really think private plane ownership is going to be as viable 25 years from now as it is today? We are just beginning to talk about taxing energy and having an energy policy. What will be our greenhouse and ozone situation in 25 years? ( 2 ) Federal Funds - Keeping Options Open . The 22 acres purchased by the City in 1987 with federal funds could easily be sold at a profit and the grant money returned as long as this Masterplan is not implemented. Acceptance of additional federal funds will tend to tie the City' s hands with regard to future options . The Council has not been given any information on options other than the proposed plan and the construction of hangars . How about taking a serious look at alternatives before we close our eyes and hold out our palms for more federal largess? Public Policy. What do we need in the aviation area as a matter of public policy? We need affordable commercial flights to California. The most efficient air transport is "mass " air transport , not individual private planes . We should be doing all we can for affordable public air transportaion. That is something that would benefit all our residents rather than just the tiny group that can afford to own and operate an airplane . Michael D. Sanford 127 Strawberry Lane Ashland. February 18 , 1993 Planning Commission Action . The Airport Masterplan comes to the Council "approved by the Planning Commission" . I was present at the hearing and the Planning Commission did not consider any ofi.thetbe planning issues involved with the Masterplan . Specifically the Commission did not consider : 1 . The problem of sewage disposal at the Airport . 2 . Difficulty of implementation of development of the 22 acres due to the road easement across the property that=-is privately owned. 3 . Effect on views from Oak Knoll and other nearby areas of significant addition of sheet metal buildings , new areas of asphalt paving, and chain-link fencing. . 4 . Possible effects of airport plan on nearby development , "blight " ,resulting from development restrictions and industrial appearances . 5 . Effect of helbcopter pad on Oak Knoll residents . 6 . Any other planning issue. ( 3 ) HOLD HARMLESS AGREEMENT KNOW ALL MEN BY THESE PRESENT that the undersigned, hereinafter referred to as Grantees (whether singular or plural) , hereby covenant and agree that they shall not, by reason of their ownership or occupation of the following described real property, protest or bring suit or action against the Ashland Municipal Airport or the City of Ashland for aviation related noise, property damage or personal injuries resulting from activities at or connected with the Ashland Municipal Airport when such activities conform to the then existing rules and regulations of said airport and the applicable federal air regulations and no negligence on the part of said airport is involved. The real property of Grantees subject to this covenant and agreement is situated in the county of Jackson, State of Oregon, and described as follows : SEE ATTACHED EXHIBIT 'A' This covenant and agreement is made and executed by the Grantee in consid- eration of the. City of Ashland having no objection to the for Grantees use, which real property is located in the airport concern area of the Ashland Municipal Airport. The execution of this covenant and agreement by Grantees is . recommended by the City of Ashland. This agreement is executed for the protection and benefit. of the Ashland Municipal Airport and the City of Ashland interest in said airport and to prevent development in adjacent lands to said airport which will interfere with the continued operation existent and development of said airport. This covenant and agreement is intended to be binding upon the Grantees , their heirs, assigns and successors and insure to the benefit of the City of Ashland and the Airport, their successors and assigns. DATED this day of 19 GRANTEES: ) ss. STATE OF OREGON ) COUNTY OF JACKSON ) ss. Personally appeared the above named and acknowledged the foregoing instrument to be voluntary act and deed. Before me: Notary Public for Oregon My Commission Expires Mr. Jerry Inslev, Chairman \ ' ', O r Ashland Airport Commission 399 Mowetza Dr . Ashland, OR. 97520 �� June 18 , 1992 Dear Mr . Insley: I wish to renew my request , first made about 2 years ago , that the Airport Commission establish maximum take-off noise levels for based planes , and establish reasonable hours during which "touch and go" flight training exercises are permitted. The proposed Master Plan for the Airport applies an Ldn noise contour to the airport in order to estimate sound exposure to nearby properties . The conclusion is reached that neither present nor projected operations at the airport will exceed the 65 Ldn level - the level that is considered compatable with surrounding land uses - and that , - moreover, the 65 Ldn level is confined to the airport property itself . ( Airport Master Plan 9-9 ) The World War II Navy trainer-type planes based at the airport have been recorded at 93 decibels at a residence at 2855 E. Main. I 'm sure you will agree that sound levels of 90-100 db at residences along E. Main is a plausible reading given the proximity of these residences to the runway and the sound, characteristics of the Navy trainer . 93 db is a sound level that exceeds OSHA standards for safe human exposure . Airplanes of this type are used solely for pleasure . As someone who lived for 2 years at 2785 E. Main I know that a typical afternoon ' s run for one of these planes includes a number of take-offs and landings and a great deal of low altitude flying. The VT-27 ( Nll9DB ) often makes high speed passes along the runway at about 150 ft . elevation, followed by steep climbs at full throttle . This means that nearby residents are exposed repeatedly to very high db . levels . These planes are extremely loud even at great distances . I can hear them clearly at my home near Grani-EC Street . Application of the Ldn noise contour leads to misleading con- clusions in this situation . The averaging techniques of the Ldn method mask the steep spikes created by short bursts of sound that are unacceptably loud. ( The Ldn contour would probably remain acceptable even if these planes operated at 250db . ) The writers of the Masterplan apparently did not make anv actual measurements of sound levels on properties near the airport , nor are telephoned complaints to the base operator recorded. I am confident that any objective person would agree that residents along East Main should not be exposed to these sound levels , especially from a source that purely recreational. I therefore ask the Commission to set maximum take-off noise levels that would exclude the basing of such planes at Ashland. Repeated "touch and go" operations are extremely irritating to nearby residents even though actual , sound levels may be low. When these operations are conducted before 7 : 00 am or after 7 : 00 pm when ambient noise levels are low, they are especially disturbing. Regulation of such activity is a simple matter of courtesy and consideration. We live in an era when airports everywhere are making accomodations with the legitimate claims of nearby residents to peace and quiet . "Hold harmless " agreements have no affect upon noise levels . I regret that when I brought these proposals before the Commission 2 years ago you declined to consider them. The changes I propose are very modest and your adoption of them would be an important gesture of good will toward the neighbors you must live with. Yours very truly, Michael D. Sanford 127 Stawberry Lane Ashland, 97520 CC . FAA Project Manager - Renton Chairman - Ashland Planning Commission E. Main Airport Neighbors i� mn rand nm �REGO September 4 , 1992 n- Airport Commission rum: Brian L. Almquist, City Administratc�r� u�jPtt: FAA Prohibition on Airport Closure At the last Airport Commission meeting you requested that the staff research the question of FAA requirements for closure of the airport. Appended to each FAA grant we have received is a set of "Assurances for Airport Sponsors" which is part of the grant conditions. I have attached a copy of those assurances from our last project of March 31, 1989. The significant features of the assurance relating to closure are: 1. The assurances remain in effect for the "useful life of the facilities developed" , but not more than 20 years. Since the last project was for taxiway reconstruction and land acquisition, the project probably would be deemed to have a useful life of 20 years (see B. 1) . 2 . There is a prohibition against the sale or disposition of the property or improvements for which Federal funds were used for the same 20 years (see 5.b) . 3. It is required that we "suitably operate and maintain the airport and all facilities, and any proposal to temporarily close the airport for nonaeronautical purposes must first be approved by the Secretary fof Transportationl" . (see 19 . 1. ) FAA Prohibition on Airport Closure September 4 , 1992 page 2 . 4 . It will maintain a fee or rental structure. . . for the facilities and services being provided the airport users which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport taking into account such factors as the value of traffic and economy of collection. " In summary, I doubt that the Secretary of Transportation would consider a deficit of $1,400 per month as significant enough to warrant closure of the airport based on the assurances cited above. The FAA considers all federally-assisted airports as part of the Federal Transportation System. BLA:M\Ai rp\FAAGrnt.m cc: Mayor and City Council Steve Hall, Director of Public Works s311:,i1d :mil :u�ini_ C01mi;lion kshland, ()7,_gor - The Ashland Airport Master Plan addresses the present and future needs of the airport in terms of physical neaessities, certain demographics and historical oersoective . There are other cogent factors that nerd to be c cn sidered as material pertinent to this plan in terms of the: function of the airport in relation to the comet unity and the region; these are enumerated in oast as follows. 1. Ashland airport is an integral part of the transoortation system of the city, the reP on, the state and the nation. This factor is recognized by the Oregon Department Of Aeronautics, the United States Department of Transportation and, of course, by the commercial and private users of the facilities. 2. Ashland airport is a recognized reliever facility for the Jackson County .Airoort because of its geographic locale inasmuch as it is the only relatively fog free airport in the Rogue Valley during the winter months when Medford and Grants Pass are below minimum flight standards for visual or instrument flight rules. Such conditions are quite common during the winter months and as a result critical time sensitive materials are diverted from the Jackson County Airport to Ashland. The following firms and their "freight" commonly offload at Ashland during the winter . A. Federal Express-- Usually two single engine Cessna Caravan Aircraft whose cargo ranges from 2200:to 2800 Pounds and consists ' of medical supplies, computer generated documents, bank documents, machine parts, surgical components and other time sensitive materials necessary to the economy as well as the valley hospitals and medical community. B. United Parcel - - Utilizes Ameri -Flight small twins and handles cargo similar in description to that carried by Federal Express . This service has also been used to transport human transplant organs. C. Pony Express -- Their eargo, flown in small twin engine aircraft, consists primarily of bank processed materials necessary to the financial community of the Valley. 3. Mercy Flights of Medford utilizes Ashland as a reliever for the transport of critical patients to. specialized facilities outside the Hogue Valley or to bring them in to the valley from outlying communities for treatment. 7 4. A great many aircraft, both business and orivate , come to Ashland with the majority of tourists arriving during the warmer months . The Economic Impact Stud ; done by the School of Business at Southern Oregon State College revealed that the effect of the Ashland Municipal Airport would amount to aooroximatel y one million dollars to our economy. Many of the patrons of the airport come for a multi-day stay as either tourists, business oersons or those who combine both business and oleasure. 5. The Civil Air Patrol holds exercises in search and rescue missions from Ashland Airport. Such exercises involve search techniques for lost persons or groups as well as for downed air Lravelers. CAP often stations a :Mane at Ashland ,i>>ring the Hinter months to ensure both air access and egress when Medford is below minimums. 6. Ashland Airport has served as a fueling station for the Forest Service apotter planes and helicopters during_ the critical periods of forest fires in the vicinity. This is obviously a very time sensitive condition. The foregoing mentioned functions of Ashland Airport are not generally recognized by the general populace of Ashland be- cause of the unfamiliarity of such operations as well as the loeation of the Airport in relationship to the residential and downtown community. All of the named benefits are functions ttA oper•.te in the best interest of Ashland in general, not just the local aircraft pilots and owners who utilize the airport. R es oectfully, Gerald S. Insley Chair Ashland Airport Commission • City of Ashland Planning Exhibit E%H18n 0 - PA -/5'B Doua_ Foster 189 Myer Ck . Rd. Ashland, OR 97520 ( 503 ) 482-8503 7 December 1992 Ashland Planning Commissioners City Hall Ashland, OR Re : Adoption of the Airport Master Plan as a supporting document to the Ashland Comprehensive Plan Dear Commissioners : The current Airport Master Plan should not be adopted as a supporting document to the Ashland Comprehensive Plan, but rather should be referred back to the Airport Commission for further public hearings and review. The principal impact of the Airport Master Plan is its proposal to expand the municipal airport , adding many more covered hangers for private airplanes . But this proposed expansion project was developed when the airport was run by a private FBO and prior to the current budget crisis in Oregon. The December 8 , 1992, Planning Staff keport recommends that this Commission avoid the "merits : " that you turn your back on the issues and rubber stamp the Airport Master Plan. This is bad advice , which ignores the fact that conditions have changed. Now that the City of Ashland is operating the municipal airport -- because the City can find no private party willing to operate the facility and bear the attendant risk of loss -- the risks of both airport operation and expansion will be borne directly by taxpayers . Accordingly, the proposed expansion project should be subject to a different and more rigorous scrutiny before this plan is incorporated into the Ashland Comprehensive Plan. In addition, the proposed airport expansion project must now be viewed in light of the state ' s budget crisis. This question must now be addressed: when programs for the truly needy go unfunded in Oregon, is it appropriate for the City of Ashland to use public money to subsidize more covered parking areas for expensive private airplanes? I urge you to address the merits of this issue and to return the Airport Master Plan for further public hearings and further review. Sincerely, nV7 Ilnl"5 ic�— Doug Foster • City of Ashland Planning Exhibit E.RniT OO - I JOHN W. NICHOLSON PA M 7_? 195 GREEN MEADOWS WAY DATE /A8-9R STAFF ASHLAND, OREGON 97520 December 7 , 1992 To the Planning Commission City of Ashland , Oregon 97520 Re : Planning Action 92-147 (PA 92-147 ) - Adoption of Airport Master Plan as a Supporting Document of the Ashland Comprehensive Plan The Planning Commission is urged to defer adoption of the 1992 Airport Master Plan . Adoption is premature until airport policy issues get public exposure to a broad spectrum of the community and the City Council has resolved the more important issues. These in- clude closing the airport, selling the airport , and getting airport land back on property tax roles . The staff report refers to concerns in the community about the airport and states that the Planning Commission should not get into discussions of policy issues that are within the province of the City Council . Distinctions between policy issues for the Council and those for the Commission may not be clear-cut . In any case, the Commission must recognize that adoption of the airport plan without due deliberations could be viewed as a tacit endorsement of the air- port expansion and other policies in the Airport Master Plan . The FAA Advisory Circular 150/5050-4 calls for a broad-based citizen involvement - in an airport master plan . In addition, both Oregon ' s state planning goals and the Ashland Comprehensive Plan re- quire substantive citizen involvement . How has substantive and broad-based citizen involvement been obtained? Occasional obscure notices of Airport Commission meetings with no disclosures of agendas do not constitute satisfactory efforts to involve the general public. The Airport Commission .controls airport planning. However , it is dominated by individuals with vested interests in maintaining. public subsidies for the airport; it is not representive of the community. What economic benefits have Ashland citizens , most of whom never use the airport , gotten from the 40 or more years of airport ' s oper- ations? Who are the individuals who do get economic benefits? Are overall cost-benefit relationships from airport operations positive or negative? The airport 's record of operating losses (or at best break-even operations ) , the deprivement of property tax revenues to the community because the airport has been off the tax roles , and the failure of the City to get financial returns on its airport property all indicate that the airport is an economic drag on Ashland , not a benefit . - Rosy forecasts of economic development benefits from Ash- land ' s airport should be viewed with skepticism. L cc: The Mayor and City Council . M ORDINANCE NO. AN ORDINANCE ADOPTING THE ASHLAND MUNICIPAL AIRPORT MASTER PLAN FINAL REPORT AS A SUPPORTING DOCUMENT OF THE ASHLAND COMPREHENSIVE PLAN. (Planning Action 92-147) THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1 . The Ashland Municipal Airport Master Plan Final Report is adopted in its entirety as indicated in Exhibit "A: , as a supporting document of the Ashland Comprehensive Plan. 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 Reviewed as to form: Paul Nolte, City Attorney .,.-'*Of AS$, '~ YY Aemorandnm O4fGOa,, February 23 , 1993 ll1Q. Council r- rQm. Pam Barlow, PW Admin. Asst. ,$UbjPd.* Airport Master Plan Meetings Feb. 7 , 1990 Consultant selection process reviewed w/Airport Commission Aug. 1, 1990 Master Plan Advisory Committee membership recommendation made and approved by Airport Commission Sept. 30, 1990 Consultant received authorization from the OR Aeronautics Div. to proceed with the project Oct 1, 1990 First Planning Advisory Committee Meeting Mar. 26 ,1991 *Master Plan PAC and Public Meeting to present the Interim Report Aug. 7, 1991 Briefing on the Master Plan at regular meeting of the Airport Commission Nov. 6, 1991 Regular meeting of Airport Commission, master plan progress update and announcement of public meeting 11/12 Nov. 12 , 1991 *Master Plan PAC and Public Meeting to present preliminary development alternatives Dec. 4 , 1991 Review of November 12 meeting at regular Airport Commission meeting Feb. 5 , 1992 Presentation of Airport Refined Alternatives to the Airport Commission at their regular meeting Apr. 9 , 1992 *Master Plan PAC and Public Meeting: Presentation of the draft final report Nov. 4 , 1992 Airport Commission approval of Plan and recommendatioro (Planning Commission) and Council for adoption Dec. 8 , 1992 Approval of the Airport Master Plan, by the Planning Commission (recmnendation for its adoption as a supporting document of the Comprehensive Plan) * = Public Hearing a Chapter Two CONCLUSIONS AND RECOM IENDATIONS INTRODUCTION This airport master plan report updates a study prepared for the Ashland Municipal Airport by Wadell Engineering Corporation, dated December 7, 1982. The Interim Report of the current study contained forecast airport activity, facility requirements, and preliminary development alternatives. The Draft Final Master Plan reflected refinements to the preliminary alternatives and supporting financial, land use and environmental analyses. Following a presentation of the Draft Final Master Plan and public meeting, the draft report was reviewed by the City of Ashland, Master Plan Advisory Committee, state and federal agencies, and the general public. Comments received during the review of the Draft Final document and from public review are reflected in the Final Airport Master Plan. AIIWORT DEVELOPMENT SINCE PREVIOUS MASTER PLAN • Runway 12-30 widened to 75 feet; 200-foot displacement of Runway 30 threshold. • Parallel taxiway widened to 30 feet; extended to north end of runway. • Acquisition of northeast property to support aviation development. • Main apron expansion (additional tie-downs). • Paving in T-hangar area. • Bear Creek culvert and Runway 12 safety area project. • Runway End Identification Lights (RElLs) on Runway 30. • 600-square-foot addition to Fixed Base Operator (FBO) office. Ashland Municipal Airport Master Plan 2-1 MASTER PLAN CONCLUSIONS 1. _ Ashland Municipal Airport is a General Utility-Stage I general aviation airport that should , be planned and designed to accommodate aircraft in the Federal Aviation Administration's Airplane Design Group (ADG) I, Approach Category B. 2. Ashland Municipal Airport will experience continued growth in based aircraft and annual aircraft operations during the current twenty-year planning period. 3. Based aircraft are expected to increase from approximately 70 to 112 by 2010; annual aircraft operations are expected to increase from 19,400 to 30,800 by 2010. 4. The existing length and pavement strength of Runway 12-30 is adequate to accommodate the majority of general aviation aircraft in most conditions. 5. The runway and taxiway system has adequate capacity to accommodate forecast activity through the twenty-year master plan and beyond. 6. The airport will continue to accommodate primarily small general aviation aircraft included in Federal Aviation Administration (FAA) Airplane Design Group I. 7. Portions of the Runway 12 and 30 Protection Zones (RPZs) located off airport property are protected through avigation easements. A limited area within each RPZ is not protected through appropriate easement. 8. The FAA-recommended approach surfaces for Runways 12 and 30 are 20:1. The unobstructed approach to Runway 30 is approximately 14:1, due to a tree located beneath the approach on private property. The unobstructed approach to Runway 12 is approximately 10:1, due to a private roadway crossing the Runway Protection Zone. 9. The forecast increase in aviation activity will not significantly increase noise impacts on surrounding areas. The existing aircraft noise abatement procedures should be maintained in conjunction with an ongoing program of pilot education. 10. City and County zoning should ensure that compatible land uses are encouraged in the immediate vicinity of the airport. The Airport Land-Use Plan should be incorporated into City of Ashland and Jackson County land-use planning efforts. 11. The airport master plan improvements will not directly affect the Bear Creek, Neil Creek, or Emigrant Creek drainages located adjacent to the airport. Ashland Municipal Airport Master Plan 2-2 I I 12. Maintenance of existing airport pavement surfaces (runway, taxiway, and apron) will be required during the planning period; pavement overlays will be required at the end of the useful life of the surfaces. MASTER PLAN RECOMMENDATIONS 1. Develop new hangar and apron facilities northwest of the existing apron, near the mid- point of Runway 12-30. 2. Relocate the existing residential access (easement) which crosses future aviation facilities to provide safe separation between vehicle and aircraft activities. 3. Construct, on an as-needed and funds-available basis, conventional and T-hangar units in areas designated northwest of the FBO area (see the Airport Layout Plan drawing in Chapter Seven). 4. Provide lease area to accommodate aircraft storage and business-oriented aviation activity at the airport. 5. Accommodate the staged development of approximately, 40 aircraft T-hangar and conventional hangar positions over the course of the planning period. Additional hangar development area is identified for aircraft maintenance or business-oriented aviation requirements. 6. Improve the area located adjacent to the Civil Air Patrol hangar to accommodate several smaller conventional hangars. Paved circulation taxiways connecting to the main apron will be required. A reconfiguration of aircraft tie-downs on the main apron will be required to accommodate increased aircraft access needs. 7. Add airport security fencing around the perimeter of the airport to prevent animal and unauthorized human incursions on active airfield areas. 8. Develop a small aircraft tie-down area adjacent to Neil Creek on the west side of the runway. Provide pedestrian access, via a footbridge, to nearby hotel and restaurant facilities. 9. Locate a designated helicopter landing area on the new apron. 10. Provide a nonprecision instrument approach (e.g., Global Positioning System {GPS}, Advanced Landing System {ALS}, or Loran-C), such as has been identified by Oregon Aeronautics Division as a long-term need for Ashland, on an as-needed and funds- available basis. Ashland Municipal Airport Master Plan 2-3 i i i 11. Upgrade the runway edge lighting from low- to medium-intensity. Add taxiway reflective edge marling or medium-intensity lighting. 12. Provide additional expansion of the airport terminal/FBO facility, as anticipated, during the twenty-year planning period. 13. Establish a bulk fuel storage reserve to accommodate long-term fuel storage requirements. and address regulatory changes. 14. Improve airport circulation roadways and utilities as required to service new aviation areas. 15. Maintain existing airport pavement surfaces (runway, taxiway, and apron) during the planning period; construct pavement overlays at the end of the useful life of the surfaces. 16. Acquire avigation easements for portions of the Runway 12 and 30 Runway Protection Zones (RPZs) not currently controlled through existing easements. 17. Realign existing private roadway in the Runway 12 RPZ to provide standard obstruction clearance for the visual approach surface (20:1 slope). 18. Lower or remove the tree(s) currently obstructing the Runway 30 RPZ to provide standard obstruction clearance for the visual approach surface (20:1 slope). 19. Incorporate a development reserve for additional fixed base operator facilities into future apron expansion. 20. Maintain the existing aircraft noise abatement procedures in conjunction with an ongoing program of pilot education. 21. Acquire a private parcel of land located directly beyond Runway 12 for the long-term protection of the approach. 22. Adopt the airport master plan and initiate the development. of the recommended improvements in a timely manner. 23. Adopt the airport master plan as an element to the City of Ashland Comprehensive Plan and Transportation Plan, and incorporate the Airport Land-Use Plans (Drawings 3 and 4) into City of Ashland land-use planning efforts. 24. Take appropriate action to request that Jackson County recognize the master plan, incorporate the Airport Land-Use Plans (Drawings 3 and 4) into County land-use planning efforts, and ensure that the overlay zone includes all appropriate areas. Ashland Municipal Airport Master Plan 2-4 • 25. Require review, by appropriate officials, of all building permit applications and zoning revisions or variances within the Airport Overlay zone to ensure compatibility with the airport. i Ashland Municipal Airport Master Plan 2-5 �h.r; 5. I III r144., y "�a�,``♦t `` i,-i.T 1„� ~ w < '_ ra �.'nv I7� � ♦ i. z � z �F°o°on :Reran {� ° �i o� •.r 5 Z Q ) � � Q LL Jz X � OOOO ct z tl 5 ./y M� r <-C♦ ° VIII T S F O �cN C ° .6� 3' ".�. yr' C I w l- � 1 O�i a i• \ :3 a! yam(! °, \ a r a F'!s� •• + • r ?.� �":tAr. r- Y�I, a ° a z •'' '.649' - J I vl �j1.; ..I %.. o a o ¢ - o ° ° - r „ ,,':.� r i IP •III , k �',n �„ S y w ¢ � w a _ < ♦'� � f ���t1 3J�1 �l �L�� .. *�-a�. ,� � 15' t �� I• �?r -0 '� W LL i � � a < U a < � �,' f '.;' I �'ti y \ crT �f��.�,1 �i Q]J I;; I < ` t . .•. dv w °�__�� r� `•}. tar ♦ L-° .pf � � u '� R °' > of N I rl ��' IN's <�w•? � 5 ,jq '�t'�a �} � I`a t � "I t,9 � `` � <���' I I I I I I I ?yam YY. •C(} Q w4R.Y O N�i�~�' 1 I �. 'f t.F+.I� O z (J Y w t 9 .�Gr�. �I�"'I 'I'• r �rc� zo � �i a II j9� I1 T E .� +°- _A.'- S ' � N Y•'Y I'i Y 'J .' A.: YYY of a ira w _u )��' 'o:: ; : •F Yy.+p, tw,� t� I ) wq o� �9°o 3�Go'�rai � czts I'-t afj L'5-.i ll" bf�t •' °m �-1 Ooh <K>¢ z J6 'iW b,1 A I 'l 222232 rc343322 {YJ't ' •��. .�. l!� �� �NNNN r2N6 NN Nw Nb a. t4 y ^ +� br '• �+4� •s� 9 ` �Ir ° Flo � n _3? t1'/ p -;a_���rn y z. h g tw iow°i oo�o�o F Yg a' .�: •?-0 LL3a�� 33 33°w�N� owun�6a as o 8 ,•°f• pscw s '.� b N .�5- < .x�v � c - h�� �NN�NN�°`,r`,NN°z= ess . • S v c I wr or '� z s�... O dig op?• 4 1¢0 ,I g.gg.i� ° 0 '� Z I f ` •> Y °¢WV�sV i Jm �m S o a WI ° k IY �$g � �• ��. gags Q Wm�Rm aU<pmi� �< a AWyt° c ° ° ♦ ° �)� �° , ♦w` \i+ oo$�nN .. z Wi . �a°r o e °v \° � a"� J � ✓ rcF4 t an,.\� w�oxL<'s a � S ¢8 � F qr NN MH .I•' Q T'�— ~3Z2Zrrn0 >w U5o_ R zz q Z<z > W. °w °¢Np� r�¢ w° ac75 NQOJ j 22 ar26> o IL 7 �6NU�ozs3 1 AUTHORITY AND PURPOSE The Rogue Valley Council of Governments is a voluntary association of local governments in Jackson and Josephine Counties. The organization is established under the authority of Oregon Revised Statues, Chapter 190. The two-county area was designated as a State Administrative District (#8) by Governor's Executive Order #75-28 (reaffirmed by EO-79-01 on January 9, 1979). An intergovernmental agreement was executed in 1968 to form the Rogue Valley Council of Governments. It operates under a Charter Agreement and By-Laws, adopted September 30, 1968, and last amended February 27, 1991. The Charter contains statements as to the primary purposes and functions of RVCOG and are summarized as follows: - To provide a continuing intergovernmental forum for the communication of ideas and discussion of issues. - To represent the Rogue Valley in dealing with state and federal governmental agencies. - To provide technical assistance to members in comprehensive planning, governmental research, grantsmanship, etc. i - To conduct areawide planning programs. - To administer "pass-through" federal and state grants for the provision of direct services (65% of the COG budget is passed-through to direct service providers). - To operate a clearinghouse for the local review and comment on most federally funded projects and activities prbposed within our two-county area. The Charter of the Council recognizes the sovereign powers of all its members and prohibits intervening in matters which are within the domestic jurisdiction of a member without its consent. The activities of any Council committee, or organization are advisory and not binding on any member without that member's approval. The governing body of the Council of Governments is composed of elected officials from each member government. Membership in the RVCOG is open to any city, county, or special district within Jackson and Josephine Counties. The specific programs and activities of RVCOG during any period of time are dependent upon local needs and upon resources available to address those needs. Federal and state funding continues to play a dominant role in providing resources, and thus to some extent in determining program content. A council of governments, and other ORS 190 agencies, must comply with budget law contained in ORS 294.900 through 294.930. The following pages meet that requirement and provide additional information on program authority and objectives. 1 f — — — — — — — — — — — — --- — — — - I I I I I II J / O / r a ¢ I mw Fw O / Y>w Nw ?O I Zw¢w (J12 W¢W wW N¢ c7 ° ¢� Y O� 12 50: Uzi' F¢L m0 I Wa �¢¢ wg ¢0� Nrj Z O =O ¢N N D =(7 Q Q 3 w 0 2¢ L I z� WU �. ��QU U m(7� ¢U �� r I 5Z ~ ~ ~ Jz o I Ozm — I I a< 00 O C¢7 2 I Mcr Ju-O I z m w N U I aMW am 0 - x O w' CC CC I J I 00 oa ON 00 ¢ v0 I a a �- a a a mO ca >¢ cm `O3 e as CC °N ma cO w UN m N ¢ 0,5 m C LL uU Q etJ F- 1.- ~ U y 3 w w O CC m Z z CC > > O O C7 O1 O O 0 O 0 O m m _ (� z `p z > m po> > 0 U m U m > m w J 0 C N W 0 U 'R w w °J° a« m �2m V7 m_m v mm ¢ Q Z> m w 0a O ¢W p N m m N O 0 � O J L°d •R) Z CO 00 V I w o 5 m� I m m p mN > I E u m � I I I I I `ma w « U F- H 0 �¢ � O ` C O w _V UZ UZ d W m I Qo WO U m0 Nm I w0 NO ¢ m Q m m ¢} W¢ W W 3 G m 00 JO ¢ q� I _N mN O L°6 w> <2 c V m \� w 0.5 N m m I co