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HomeMy WebLinkAbout1993-0817 Council Mtg PACKET Important: Any citizen attending Council meetings may speak on any item on the agenda, unless it is the subject of a public hearing which has been closed. If you wish to speak, please rise and after you have been recognized by the Chair, give your name and address. The Chair will then allow you to speak and also inform you as to the amount of time allotted to you. The time granted will be dependent to some extent on the nature of the item under discussion, the nu who wish to be heard, and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL AUGUST 17, 1993 I . PLEDGE OF ALLEGIANCE: 7 : 30 P.M. , Council Chambers II . ROLL CALL t/ III. APPROVAL OF MINUTES: Regular Meeting of August 3 , 1993 . IV. CONSENT AGENDA: 1. Minutes of Boards, Commissions, and Committees. 2 . Departmental Reports - June 1993 . 3 . City Administrator's Monthly Report - July 1993 . 4 . Memo from Planning Director regarding application to County Planning Commission for aggregate removal in Dead Indian Road area. V. PUBLIC HEARING: 1. Authorization for Mayor and City Recorder to sign a letter of intent with John Billings et al. , regarding development of an 18-hole golf course located on the Billings Family farm at the western edge of the City of Ashland. 2 . Discussion of alternatives for upgrading of the Wastewater Treatment Plant. VI . UNFINISHED BUSINESS: 1. Report from Director of Public Works regarding odor problems at Wastewater Treatment Plant. 2 . Sale of surplus real property adjacent to Wingspread Mobile Park and SPRR. VII . NEW & MISCELLANEOUS BUSINESS: 1. Approval of explanatory statement for voters pamphlet for: a. Initiative Petition for repeal of tax on prepared food and beverages. b. Competing measure reducing tax on prepared food and beverages from 5% to 1% effective upon passage of statewide sales tax. VIII . PUBLIC FORUM: Business from the audience not included on the agenda. (Limited to 3 min. per speaker and 15 min. total) IX. ORDINANCES, RESOLUTIONS & CONTRACTS: /1. Second reading by title only of "AN ORDINANCE AMENDING SECTION 9. 08. 040.B OF THE ASHLAND MUNICIPAL CODE TO ALLOW POT-BELLIED PIGS IN THE CITY" . /2 . Second reading by title only of "AN ORDINANCE OF THE CITY OF ASHLAND AMENDING CHAPTERS 2 . 50 AND 2 . 52 OF THE ASHLAND MUNICIPAL CODE TO UPDATE COMPETITIVE BIDDING PROCEDURES AND ,1 BIDDER QUALIFICATION REQUIREMENTS" . '" 3 . First reading of an ordinance amending Ashland Municipal Code Sec. 10. 68. 180 to prohibit noise from drums or sound amplifiers within Parks, and providing exceptions. J4 . Reading by title only of "A RESOLUTION REFERRING TO THE VOTERS OF THE CITY OF ASHLAND, A COMPETING MEASURE TO THE INITIATED MEASURE TO REPEAL THE FOOD AND BEVERAGE TAX" . 'V46e4 (5. Reading by title only of "A RESOLUTION ESTABLISHING RATES FOR �d� T-HANGARS, TIE-DOWN SPACES, INDIVIDUAL HANGAR LAND LEASES AND RESERVATION DEPOSITS AND REPEALING RESOLUTION 93 . 34" . �" pW X. OTHER BUSINESS FROM COUNCIL MEMBERS XI . ADJOURNMENT (dAcmnci1\agcnda) MINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL AUGUST 3, 1993 CALL TO ORDER: Mayor Catherine 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. Golden asked that the minutes of July 20, 1993 concerning the Lithia Springs lease extension reflect her concern about further contamination of lead in the soil, and asked that it be tested. Staff agreed to follow through on this request. The minutes of the Adjourned Meeting of July 14 and.the corrected minutes of July 20 were ' accepted. SPECIAL PRESENTATIONS & AWARDS: Executive Secretary Donna O'Connor has resigned effective August 13, 1993, and received a plaque in recognition of 13 years of service to the City of Ashland. CONSENT AGENDA: Acklin moved to add items 6) Set public hearing for August 17, 1993 on Ashland Facilities Plan/DEQ Proposal; and 7) Liquor license request for Panda Garden, 1757 Highway 66, on the Consent Agenda. Winthrop seconded the motion which carried on voice vote. Winthrop asked that item 4) Memo from Councilor Winthrop re: public involvement in the review of the wetlands study report and item 6) Set public hearing for August 17, 1993 on Ashland Facilities Plan/DEQ Proposal be pulled for discussion. Acklin moved to approve the remainder of consent agenda as follows 1) Minutes of Boards, Commissions & Committees; 2) Departmental Reports - June 1993; 3) Liquor license application from Garo Eldemir and Robin Esteban dba\Garo's Java House, 347 A E. Main Street; 5) Request from Fire Chief to participate in state-wide earthquake exercise in April, 1994; and 7) Liquor license request for Panda Garden, 1757 Highway 66. Arnold seconded the motion, all AYES on voice vote. Winthrop said the intent of the hearing on August 17 is to determine if Ashland will explore the basin-wide strategy with other agencies as requested by DEQ or submit our facility plan. Winthrop moved to approve items 4 and 6, Arnold seconded, all AYES on voice vote. PUBLIC HEARING: Appeal of P.A. 93-067, Al Teitelbaum, Applicant. Arnold did not participate in this discussion. Planning Dir. McLaughlin gave the background of the request which is for an extension of a previously approved Site Review for a 26-unit condominium located at 284 Hersey St. The criteria for approval was read. Extensions are allowed under the land-use ordinance, however it has been city policy to review extensions as new applications subject to current ordinances. The project does not meet setbacks as required in the recently revised Site Design and Use Guidelines. On a question from Winthrop, McLaughlin said the applicant has agreed to make all the units affordable. Carlyle Stout, 215 Laurel, Medford, attorney for the applicant, gave the history of the project and submitted the following documents for the record: Pre-application conference comment sheet (Exhibit P-1); Planning Commission Findings of March 10, 1992 (Exh. P-2); State of Oregon Building Codes Agency Notice of Plan Review (Exh. P-3); Applicant's April 13, 1993 letter requesting an extension (Exh. P-4); Letter from Liberty Federal Bank to applicant dated July 19, 1993 (Exh. P-5); Expenses incurred to date by Mr. Teitelbaum on this project (Exh. P- 6). Stout said the .proposed units 14 and 15 can be flip-flopped to. meet setback requirements and improve the Regular Meeting - Ashland City Council - August 3, 1993 - P. 1 Hersey St. orientation. A memo dated July 23, 1993 from Fire Marshal Don Paul was submitted for the record (Exh. P-7). On a question from Laws, Stout said he will work with city staff on a color scheme. The public hearing was opened and Don Rist, 260 Joy Drive, Talent, spoke in support of the request. Earl King, 1309 Talent Ave., said the Billings irrigation easement runs through the property and a re-design of the project would interfere with it. James Jeffrey, 298 W. Hersey, owns the adjacent property and would like a greater setback from his back property line. He is opposed to the two-story building. Mary Lue Jeffrey is concerned about ruining her view and the possible impact on their bed and breakfast. McLaughlin said staff's major concern is the streetscape and maintaining the flavor of the neighborhood. He recommended continuing the issue and allowing the applicant to resubmit plans which move one or two units to the side of the driveway furthest from the Jeffrey's property. There being no further comment from the audience, the public hearing was closed. Acklin agreed with McLaughlin and moved to continue deliberations until September 7 and allow the applicant to submit a new design which will minimize the impacts on the neighborhood. Hauck seconded and the motion passed unanimously on roll call vote. NEW & MISCELLANEOUS BUSINESS: Winthrop moved to add 4) consideration of odor problems at the wastewater treatment plant to this portion of the agenda. Hauck seconded, all AYES on voice vote. Public Works Dir. Hall said the odor problem has been present since late last year, and which is due to the necessary repair of the roof of the anaerobic digester. He then reviewed the history of the problem and what has been done and can be done to resolve it. Winthrop feels this issue should be a high priority and a solution found without waiting for the WWTP/TMDL issue to be resolved. Reid and Arnold agreed. On a question from Acklin, Hall said DEQ approval of additional sludge disposal sites could take 4-5 months. Acklin suggested advertising locally for disposal sites, and contacting DEQ representatives to discuss expediting the approval process. Hall will prepare a priority rating and financing proposal for short-term options. Mark Abelle, 850 Cambridge St., said he has spoken with representatives of the involved agencies and he recommends sending the sludge to Medford. Joe Sturgis, 375 Tudor, said the odor is especially bad in the evening. Nancy Crowley-Abelle, 850 Cambridge St., is very concerned about children and elderly people with breathing problems. She said the DEQ is looking at air quality violations. Reid left the meeting at this point. Initiative to Repeal Food and Beverage Tax. Nolte reviewed his memo which explained that Council can either adopt the measure, file a competing measure within 30 days, or do nothing which automatically places the measure on the ballot. He was requested to prepare an explanatory statement for the voters pamphlet for presentation at the next meeting. Stored Water Rights. Public Works Dir. Hall reviewed his memo which requested authorization to pursue a contract with the U.S. Bureau of Reclamation and Talent Irrigation District for stored water rights at Howard Prairie. Laws so moved, Arnold seconded, all AYES on voice vote. Regular Meeting - Ashland City Council - August 3, 1993 - P. 2 I Airport Hangar Land Rental Fees. Hall reviewed his memo concerning land rental fees for six individual hangars now under construction, and an amendment to the FBO lease to include a hangar reservation list deposit fee. The six hangars will remain the property of the City but lessees will use them for 25 years. Acklin moved to approve the amendment to the FBO lease, Hauck seconded, all YES on roll call vote. The resolution establishing the rental fees was read by title only. Hauck moved adoption, Arnold seconded, all YES on roll,call vote. (Reso. 93-34) PUBLIC FORUM: No comment. ORDINANCES, RESOLUTIONS AND CONTRACTS: Food & Beverage Tax Amendments. Second reading by title only of an ordinance amending the F&B Tax to add ice cream and frozen desserts as taxable items from combination facilities. Arnold moved adoption, Hauck seconded, all YES on roll call vote. (Ord. 2720) Pot Bellied Pigs. First reading of an ordinance amending Section 9.08.040.B of the A.M.C. to allow pot bellied pigs in the city. Laws moved to second reading, Hauck seconded, all YES on roll call vote. Competitive Bidding Procedures. First reading by title only of an ordinance amending Chapters 2.50 and 2.52 of the A.M.C. to update competitive bidding procedures and bidder qualification requirements. Arnold moved to second reading, Hauck seconded, all YES on roll call vote. Competitive Bidding Exemptions. Reading by title only of a resolution adopting rules exempting certain classes of contracts from competitive bidding and permitting requests for proposals. Arnold moved adoption, Acklin seconded, all YES on roll call vote. (Reso. 93-35) Transfer of Jurisdiction - Tolman Creek Road. Laws moved to authorize the Mayor to sign an agreement transferring a portion.of the road (from S.P.R.R. tracks to Siskiyou Blvd.) from Jackson County to the City of Ashland. Arnold seconded the motion which passed unanimously on roll call vote. OTHER BUSINESS FROM COUNCIL MEMBERS: Golden said Erlene Martin has a problem with dust on Penny Lane which is a result of development in the area. Hall will provide Martin with information on street oiling. On a request from Winthrop, Electric Director Al Williams explained the reasons for the power outage on August 2. Laws said Ashland's Electric Department has very few employees, but maintains one of the best electric utilities in the country. Concerning a statement reported in the newspaper, Dir. of Finance Jill Turner said when there is an outage, City Hall receives many, many calls and she assigns as many people to handle them as possible. ADJOURNMENT: The meeting adjourned at 10:30 P.M. Nan E. Franklin Catherine M. Golden City Recorder Mayor Regular Meeting - Ashland City Council - August 3, 1993- P. 3 I • I ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES JULY 13, 1993 CALL TO ORDER The meeting was called to order by Chairperson Barbara Jarvis. Other Commissioners present were Cher, Powell, Medinger, Thompson, Armitage, Carr and Hibbert. Staff present were McLaughlin, Molnar and Yates. The applicants for Planning Action 93-095 (Barton/Roberts) have requested a continuance until next month. APPROVAL OF MINUTES AND FINDINGS Powell moved to approve the Minutes of the June 8, 1993 meeting. Medinger seconded the motion and all approved. PUBLIC FORUM No one came forth to speak. TYPE II PUBLIC HEARINGS PLANNING ACTION 93-094 REQUEST FOR OUTLINE PLAN APPROVAL OF A 24-LOT SUBDIVISION UNDER THE PERFORMANCE STANDARDS OPTION TO BE LOCATED AT 604 AND 606 OAK STREET (ACROSS FROM POPLAR PLACE SUBDIVISION ON PATTERSON STREET). APPLICANT: POPLAR PLACE ASSOC. & ROGUE VALLEY COMMUNITY DEVELOPMENT Site Visits and Ex Parte Contacts Medinger stepped down from the hearing as he has an interest in the application. Site visits were made by all. STAFF REPORT The application is for a 24-lot subdivision for a total of 23 new homes. One of the lots is occupied by an existing residence. A new public street is to be created from Patterson Street west to Oak Street. The main feature of the land is a small seasonal creek, running diagonally across the property from southwest to northeast. The creek is listed on the National Wetlands Inventory. The applicant has supplied information regarding their discussion with the Division of State Lands and DSL has required the applicant to do a delineation of the creek area. Only a small section of the northeast corner has been identified as a jurisdictional wetland. A letter from Janet Moreland of DSL is included in the packet, approving plans as long as the wetland is in an open space area. Nine homes are proposed to meet the affordable housing standards of the City. There is a common open space area along the creek. The applicant said there will also be a pathway along the open space area and they are planning to contact the Jessica Lane Homeowners Assn. to see if they could develop the pedestrian pathway through their subdivision also. Staff would like to see an additional pedestrian path connecting Poplar Place between Lots 17 and 18. By using the path along the open space, it would be a somewhat more roundabout way to Oak Street. The applicant has used common driveways to minimize curb cuts in several locations, however, Staff would like to reduce the number of curb cuts along Oak Street by consolidating the points of access and locating the driveways for Lots 14 and. 15 off Crispin and possibly Lot 13 as well. One of the requirements of approval is that all structures within 160 feet of the proposed site be shown. On the map submitted it does not show a building directly across Oak Street from Crispin. In fact, 603 Oak Street is almost directly across from where Crispin intersects Oak Street. The property owner of 603 Oak, the Bayuk's have expressed concerns regarding headlights shining into their structure and proposed relocating Crispin so it would come out further to the south. Staff has not had an opportunity to look since receipt of this letter to discuss the impacts on 603 Oak Street. Also where Crispin intersects Oak, there is a large oak tree that appears to be closer to Crispin than indicated on the applicant's map. Staff believes the tree should be retained. Staff had recommended approval until the last two issues were discovered, so the Commission may want to continue the hearing. If the Commission recommends approval, there are 14 attached Conditions. Jarvis said there were letters from: Division,of State Lands, Carole Wheeldon, and Bayuk that were entered into the record. Molnar read the letter from DSL and Carole Wheeldon. ASHLAND PLANNING COMMISSION 2 REGULAR MEETING MINUTES JULY 13, 1993 Cloer commented that Bayuk's letter is lengthy and wondered if Staff had had an opportunity to study it. McLaughlin received it today and said he would let the applicant respond, but he found some items that did not pertain. PUBLIC HEARING LARRY MEDINGER, 695 Mistletoe Road, stated this application is under the same partnership that did the recent development of Poplar Place (adjacent to this development). They are working with Rogue Valley Community Development Corp. (RVCDC), a local non-profit organization, ofering homes to people with incomes of $18-27,000. RVCDC will purchase ten lots from Medinger and develop those ten lots under the affordable housing standards. Medinger thought the driveway access to Lots 14 and 15 seemed appropriate, as recommended by Staff. Lot 13 will be undo, ownership of the residents of the existing house and he has no control over whether `hey will accept the driveway off Crispin. Medinger was not in favor of changing the pedestrian walkway. He did not think it would be difficult for pedestrians to walk around to the common area and also did not believe it would be fair to the owner of Lot '3 accessed on all but one site by traffic, to add a pedestrian path next to it. With regard to Bayuk's letter (bottom Page 3 - 18.88.030) and the problems of headlights in his window, Medinger explained that his draftsman must have missed a house on the aerial map (because it blended with the trees). In examining the street layout, he suggested redesigning the street to come out slightly more toward town and that would not disrupt the layout of the :ots. He would like to bring this back at final plan. Medinger entered a photograph of 603 Oak into the record and mentioned that with heavy vegetation and street redesign, that should take care of Bayuk's concerns about headlights. Medinger said he definitely wants to save the oak tree. Medinger intends to phase this project in two parts. He is vying to set up next year's work. He hopes to finish the improvements to Patterson Sleet then build or set up for construction of five lots on Patterson and Oak. Next year, he would build the houses on Crispin Street. In answer to Powell's question to Staff regarding the pedes7ian path through Poplar Place subdivision, McLaughlin said the final easement agreements are nearing completion, and ft will be physically possible to get through there. ASHLAND PLANNING COMMISSION 3 REGULAR MEETING MINUTES JULY 13, 1993 Medinger noted there would be a play area for young children at the south end of the common open area. JOHN HEATHERSTONE, 606 Oak Street, residing at 2000 Tolman Creek Road, said the large oak tree at the comer of Oak and Crispin is on his property, and is healthy and he would like to see it stay. Where Crispin is to come out is close to 603, however, it is not right in front of 603. With Crispin moved to the south, any headlights would be minimized. Initially, Heatherstone did not object to the driveway from Lot 13 accessing onto Crispin. DEBORAH HEATHERSTONE, 2000 Tolman Creek Road, owner of 606 Oak Street thought the criteria have been met by the applicant. She also wants to save the oak tree. BARBARA HEYERMAN, 555 Carol Street, is supportive of affordable housing. She is concerned that as houses get smaller, parents will ask their kids to go outside and play. She is not sure there is enough play area for children. The wetland area is "wet". and she is not sure it could be considered a play area. The area near Poplar is steep. Kids in Poplar Place play out in the street. KAREN SMITH, 165 Jessica Lane, said her lot is 50'x50' and has a shared lot line. Their neighborhood knows about this type of development. She couldn't be more supportive of this project, however, she feels the density has a great deal of impact on the area. There are drawbacks to homeowner's associations. They have worked very hard at making their area work on Jessica Lane. She would ask that there be a requirement that houses be owner occupied with an allowance that an owner could be absent for a year at a time, but she would like to avoid an area of rentals. Even though Smith liked the idea of shared driveways, she said it was a disaster waiting to happen. Where are boats, trailers, and basketball hoops placed? BARBARA OLDFIELD, 162 Jessica Lane, President of Jessica Lane Homeowner's Assn. said she wondered who would pay liability insurance for the playground that could be shared between Poplar Place and the new subdivision and also asked 9 it would be fenced. She is supportive of affordable housing, although she has found it can be difficult for families to pay their monthly homeowner's association dues. EVAN SHUETTE, 196 Patterson Street, explained that he lives almost off the end of the opposite end of Crispin Street, and he would like to request that Crispin be moved slightly to keep the headlights out of their house. With a 20 foot paved street (Patterson St.), they had trucks during construction parked on their sidewalks to let other traffic through. Shuette did not see any provision for on-street parking, for ASHLAND PLANNING COMMISSION 4 REGULAR MEETING MINUTES JULY 13, 1993 example, parking bays. He would like to see the walkway between Lots 17 and 18. He requested that no building be allowed before paving of the street is done. If that happens, it can result in mudholes as during the Poplar Place construction. The Ordinance requires builders to keep the streets clean. MICHAEL HENNEMAN, 198 Jessica Lane, stated that he is against the proposal as it stands, but not in totality. (Jarvis also read his written comments.) . He is concerned the density for that amount of space will cause more problems than it will solve. He is supportive of affordable housing. Henneman has concerns with the common area. All the Jessica Lane common area is very usable. He does not see any areas where there will be usable area in the proposed development. There is a swamp and a creek bed. He has kept the drainageway open near his property and wondered if this was going to be addressed. DALE LYSNE, 536 Parkside Drive noticed that both planning actions being heard tonight are located in the Helman School District and wondered if anyone had looked at the impact of increased enrollment at Heiman School. McLaughlin responded that the City keeps the School District apprised of new developments. The school is required to accommodate the standard growth of the City. McLaughlin said the applicant was not required to have open space for density bonus points they received. They must have five percent of the project in open space in some form. The application meets this requirement. McLaughlin said the requirement for one on-street parking space for each lot has been met. It is indicated by a dot on the map. McLaughlin has heard concerns about density, however, the density is established by ordinance and the Commission has no discretion over this issue. Powell wondered when houses are sold, then do they cease to be affordable housing? McLaughlin said in the affordable housing agreement, the nine houses must comply. A buyer has to quality within the income levels set by the City. If no one qualifies and the house is sold under the open market, the profit made would be paid to the City and used in the affordable housing program, The affordable units must be occupied by the owner and if sold, sold as affordable. McLaughlin would hesitate to put off relocation of the road until final plan, but would rather address at outline plan. By granting approval and deferring a decision to a later time is beyond what is normally approved at outline plan. Staff would recommend that if the relocation of the road is an issue, that it be brought back next month. LARRY MEDINGER, during rebuttal said that RVCDC is going to be subsidizing the price further down to meet income levels. He did not think rentals were addressed by ASHLAND PLANNING COMMISSION 5 REGULAR MEETING MINUTES JULY 11 1993 the City Attorney in the Ordinance. A house has to be bought by the owner and occupied by the owner. However, in ten years, to say the house could not be rented for a period of time, might not be in the spirit of the Ordinance. The Commission might want to ask the City Attorney that the City take a flexible position that would not allow long-term rentals, but short-term rentals might be advisable. Medinger did the best he could to design the south end of Crispin. He cannot move that street any more. He is happy to continue with redesigning the Oak Street end of Cripsin. He cannot cut out a lot because he is trying to do more affordable housing than is required. Medinger said he was taking care of the drainage pipe mentioned by Henneman. COMMISSIONERS DISCUSSION AND MOTION Everyone agreed that the driveways from Lots 14 ad 15 should be shared and placed behind Lots 14 and 15, between Lot 16, and accessed onto Crispin rather than Oak. The Commissioners agreed that the applicant should return with a revised street design of Crispin and Oak and to make sure the oak tree is located. Also, the Commission agreed to recommend or require the driveway from Lot 13' access onto Crispin. The owner of Lot 13 seemed agreeable, however, Powell wondered if it could destroy any historic quality of the.house. The.applicant can come back with a proposal. Powell would like to eliminate Lot 18, leaving more room for a pedestrian path and play area, but agreed to accept the applicant's proposal. Armitage favored the pedestrian walkway down the riparian area and did not feel an additional 300 feet would make that much difference. He felt there would be more impact on Lots 17 and 18. Thompson thought a path through Lots 17 and 18 would be appropriate. Hibbert wished to see a path between Lots 17 and 18. Carr agreed. Cloer did not believe it was that great a distance to walk to the open area and did not see a need for a walkway between 17 and 18. Jarvis agreed. Carr thought the intersection of Crispin and Patterson should be redesigned to protect the already existing homes. Hibbert looked at the map and listened to Medinger and Shuette and he does not believe headlights will be directed right at Shuette's house. Thompson also believed the lights would just miss Shuette's house. Powell and Cloer agreed that this issue does not need to be reconsidered. ASHLAND PLANNING COMMISSION 6 , REGULAR MEETING MINUTES JULY 13, 1993 McLaughlin would like to add a Condition regarding track-out during construction. All Commissioners agreed. Thompson moved to limit testimony to three issues at next.month's regular meeting: 1) the redesign of the west side of.Crispin and its entrance to Oak Street, 2) a proposal by the owner of Lot 13 on using a driveway off Crispin Street rather than Oak Street, and 3).modification of Condition 12 to include driveways from lots 14 and 15 be shared and exit onto Crispin. All other issues are considered resolved including the deletion of Condition 11. Powell seconded the motion. The motion carried uanimously. The applicant agreed to waive his 120 time period for processing an application. Hibbert left the meeting. PLANNING ACTION 93-095 REQUEST FOR OUTLINE PLAN APPROVAL OF A 12-LOT SUBDIVISION ON 7.6 . ACRES UNDER THE PERFORMANCE STANDARDS OPTION ACCESSED OFF SCENIC DRIVE. PROPERTY LOCATED BETWEEN THE DITCH ROAD AND SCENIC DRIVE AND BETWEEN NUTLEY STREET AND LOGAN DRIVE. APPLICANT: JOHN BARTON/BRUCE AND POKII ROBERTS Jarvis read a letter into the record from Dan Harris requesting postponement of this hearing until August. Carr moved to continue, Cloer seconded the motion and the motion carried to continue. APPROVAL OF THE FINDINGS Carr moved to approve the Findings of 93-053 as amended to conform to the moron on the audio tape. Cloer seconded the motion and it was approved. (Secretary's Note: The audio tape and Minutes corresponded and the Findings were corrected.) Carr moved to approve the Teitelbaum Findings. Thompson seconded the motion and it was approved. PLANNING ACTION 93-096 REQUEST FOR OUTLINE PLAN APPROVAL OF A 27-LOT SUBDIVISION UNDER THE PERFORMANCE STANDARDS OPTION TO BE LOCATED AT 122 ORANGE STREET (BETWEEN LAUREL AND HELMAN STREETS). APPLICANT: QUALITY HOUSING ENVIRONMENTS ASHLAND PLANNING COMMISSION 7 REGULAR MEETING MINUTES JULY 13, 1993 Site Visits and Ex Parte Contacts Site visits made by all. -Carr had a site visit and noticed several for sale signs. —Cloer had a site visit and noticed the undeveloped parcel to the west. - Medinger said there is lots of water coming off this property, almost continually, all year long. The downhill ground water will need to be dealt with. -+Thompson was involved with the last few decisions on the property and recollected the struggle the Commission had with the street design. STAFF REPORT The history of this property is included in the Staff report. This is a request for a 27-lot subdivision and the applicant is proposing to gain density bonus through conservation housing and affordable housing to gain the density needed to build 27 units. Staff concerns involve street design and lot layout and the design of the the adjoining properties. Staff does not want cul-de-sacs and inefficient traffic patterns, but want to insure that this design will allow for development of adjacent properties. Staff Map 1 included in the packet might be an ideal situation. This would lay the groundwork for a connected street pattern. Since the time that map was drawn, a buyer has been looking at the Hays property to the west. McLaughlin showed an overhead with another proposed layout that would provide shared open space, still allowing for a street stub to the Reynolds property and ventilation to Heiman Street. This design would also allow for less asphalt too. However, Staff does not believe there is enough information for the Commission to make a final decision and the neighbors should be allowed to comment on the new design. Also, the applicant has not provided sufficient information with regard to conservation housing. Thompson wondered where the pedestrian access routes might be located. McLaughlin explained that if a local improvement district is not formed. Staff has recommended that the developer will be responsible for a half street improvement. Sidewalks have not been indicated on the plan and Staff finds it may be appropriate to put the sidewalk adjacent to curb on the side with parking and a park row established on the side with no parking. The applicant is trying to utilize shared driveways. Private yards are not indicated, but Staff does not see that there will be a problem complying with the 600 square foot minimum private area for each parcel. ASHLAND PLANNING COMMISSION 8 REGULAR.MEETING MINUTES JULY 13,1993 Staff believes there needs to be a Gear understanding that the Reynolds farm and pond that there is an adjacent farm and it be noted as such in the CC&R's and also, that no complaints will be recognized about standard agricultural practices that take place on the farm. McLaughlin concluded that this application does not yet appear ready for an approval, however, it would be helpful to the applicant if the Commission would give him some direction on what he needs to achieve with this development. Thompson suggested a path through to the corner of Orange and Laurel. PUBLIC HEARING STEVE JANNUSCH, 1657 Old Stage Road, Central Point, speaking on behalf of the applicant, Daryl Bonin, said he was in agreement with what Staff is proposing. They met with the purchaser of'the property to the west and they want to work cooperatively on a design. Jannusch would like the design to be compatible with what is happening on the adjacent parcels. The applicant has taken into consideration the Reynolds farm and will try to impact them as little as possible. Jannusch did not believe the density is out of line for this site. The lot sizes are from 5,000 to 7,000 square feet. Each home will meet the Conservation Housing requirements at the time of building permit. The applicant is willing to accept the improvements to Orange Avenue, whether a local improvement district is formed or not. The applicant has tried to use common driveway aprons whenever possible. DARYL BONIN, 359 Kearney Street, explained that the envelopes are a mixture of traditional and zero lot lines to provide a variety and interest. He believes there is enough information to grant an approval this evening. The only real difference in designs is the shifting of one lot. There would be no problem including the language in the CC&R's to address the Reynolds farm. As far as the ground water issue, he has spoken to the engineers and they said it was there and could be dealt with. He believes it occurs because of irrigation. The pedestrian pathway that was suggested is off his property. They plan to use shared aprons, not shared driveways. He wants a clear delineation between the properties. They will be using a lawn substitute in some places. Medinger told Bonin the ground water is not coming strictly from irrigation. Bonin said there will be storm drains. Medinger warned Bonin that there will be a liability to the ASHLAND PLANNING COMMISSION 9 REGULAR MEETING MINUTES JULY 13, 1993 downhill neighbors if the subsurface water travels down. Bonin agreed with the sidewalk proposal presented by Staff. Jarvis told the applicant that the density bonus for Conservation Housing asks for specific information and the application needs to be amended to reflect this information to make sure density bonus can be met. Bonin said they have agreed that the houses will comply with energy standards since there might be a different path used for every house. Jarvis wondered if Bonin would have a problem with the Commission attaching a Condition that private yards need to be noted on the site plan. Bonin said he did not have a problem with that. With regard to Conservation Housing density bonus, Jannusch wondered if there needed to be a path given for each house, and Medinger said the information supplied needs to be very specific in order to meet the criteria for approval. McLaughlin told Bonin to identify some measures that are planned to be taken, for example, use the high efficiency furnace in combination with lawn. This requirement is also for the applicant's benefit in knowing compliance will occur. DON KIST, Talent, 260 Joy Drive, supports this project and believes it meets the criteria and he also feels the two parcels work together well. CHRIS HEARN, 505 E. Main Street, was speaking on behalf of Dr. John Reynolds. Dr. Reynolds has grave reservations about co-existing with the proposed development. To mitigate the dichotomy of uses, the inclusion of the restrictions in the CC&R's sound favorable. Also a six foot high solid wood fence would be helpful. Dr. Reynolds would like the Commission to consider a buffer zone of several feet. Dr. Reynolds believes that the two uses may not be able to co-exist and he may need to subdivide. Hearn requested a continuation so Dr: Reynolds can have some input with regard to street design into his property. SARAH REYNOLDS BLEASDELL, 153 Granite Street, opposed the proposal. MIKE REYNOLDS, 505 Helman Street, stated that his main concern is co-existence of agricultural use and new development. His family would like an eight foot fence. They do no want debris in their pasture: They should not suffer because of the development. Street placement is important. They get debris from the Heiman School area. ASHLAND PLANNING COMMISSION 10 REGULAR MEETING MINUTES JULY 13, 1993 MEREDITH REYNOLDS, 420 Reiten Drive, explained that debris is a great concern. She has had a number of friends lose animals from ingesting plastic, etc. Farms are noisy and carry odors. When Iambs are weaned they make a lot of noise, 24 hours a day. She is concerned that neighbor's domestic animals will disturb their animals. A solid wood fence is critical - eight foot - is important. tt also seems that covenants have not always worked well in other places. As the City grows and as Orange Avenue grows, it becomes less desirable to carry on a.farm on her parent's land. At some point that property will probably be developed. Armitage wondered about the possibility of an eight foot fence. McLaughlin said the ordinance allows for a six foot fence but a variance could be processed with,the subdivision asking for an eight foot fence. DALE LYSNE, 536 Parkside Drive, is not opposed to development, however, wants litter during construction taken care of. The wind will blow any litter to the farm animals. She would like to see something enforced. Contractors should be required to provide dumpsters and emptied at regular intervals. A public walkway was planned at 535 Parkside from the cul-de-sac to Helman Park that has yet to be developed. There is going to be a greater need for that to be completed with 27 homes gang in. She would like to require the developer, Bruce Roberts, to get it taken care of. Lysne has agreed and supported Medinger on drainage problems. Carr questioned Staff about the pedestrian path that Lysne referred to and McLaughlin responded that the applicant was required to provide an easement but nothing was spelled out about who is responsible for the path. ROBERT MCCOY, 160 Orange Avenue, prefers Staff Map 1. They have had a neighborhood meeting to discuss neighbors concerns with the developer. McCoy would like to see better use of the land as in Staff Map 1. Instead of single stub bordering Reynolds property, he would like to see a buffer zone provided that has been discussed. He did not know until this meeting that there had been an offer made on Hays property. The neighbors raised $1.000 the night of the neighborhood meeting to make an offer on the property if it hadn't been sold. Raising money shows the concerns of the neighbors. McCoy discussed the centering of Orange Avenue. If they place the street where it is now. it will not impact either side of the street. He is afraid the center of the street will be moved and will ruin some of the work done on the south side of Orange (landscaping, planting, etc.). He believes since the developers will benefit most from paving of the street, they should pay the lions share of paving the street. McCoy would favor a delay to see if the subdividers can work out a common plan. This is an opportunity to make the best use of the property. The ground water is spring water and eiests everywhere in that area. ASHLAND PLANNING COMMISSION 11 REGULAR MEETING MINUTES JULY 13, 1993 , McLaughlin indicated Staff would be more than willing to work with the applicants to make the best plan for the area. CAROLINE EADIE, 101 Orange Avenue, has two historic trees (osage orange and maple) she would like saved and is concerned about the development of Orange Avenue. She concurs with an eight foot fence. She believes Reynolds should be allowed to have their farm if that is what they want. Eadie preferred Staff Map 1. She would like Orange paved as a first step in development. KEN LARSON, 176 Orange Avenue, said he pumps water year-round out of his basement with a sump pump. His basement is five feet deep. The proposed development is probably five to ten feet below his. He agreed that the Reynolds need at least an eight foot fence. He was aware of a neighbor of his that complained about noise from the Reynolds farm and he lives quite a distance from it. Larson agreed that Orange Avenue needs to be taken care of before the construction phase. He also favors Staff Map 1. He does not like the applicant's pie shaped lots; he prefers the square shape. He favored a half street. CARR MOVED TO CONTINUE THE MEETING TO 11:30 P.M. THE MOTION WAS SECONDED AND APPROVED. McLaughlin read a letter from the Clevengers into the record. DAVID CHASMAR, 468 N. Laurel, derives enjoyment from the Reynolds farm. He supports Reynolds in his desire to buffer their farm from new development. An eight foot fence is a good start. He would like the same on the Laurel side and buffering as well. If homes are allowed to be built ten to 20 feet from house, he will suffocate. He too has a sump pump in his basement. He would like a requirement that houses built around the periphery of the development be one-story and the taller homes centered toward the middle. He is concerned about construction of debris and management of soil contaminants, pesticides, etc. He would ask to be given notification if they are used, so the neighbors can respond. He does not want to be bathed in street lights. Cloer discussed the conflict between farm and residential. He did not believe a fence would be an adequate buffer. McLaughlin added that it has been rare to have this happen within the City. In the County, a solid wood fence has been acceptable. The buffer would be 200 feet the in County. Cloer wondered if there was anything in the Ordinance regarding impact on adjacent properties that construction has to be the same number of stories as surrounding properties. McLaughlin said there was nothing in the Ordinance. ASHLAND PLANNING COMMISSION 12 REGULAR MEETING MINUTES JULY 13, 1993 Armitage speculated about trash and litter and McLaughlin said this would be an enforcement issue and the police would handle on a complaint basis. Bringing this issue up to the developer at this point does help. It could not be made a Condition, however, it is clearly a problem with the building process and subcontractors need to be educated and made aware of the problems they can cause in a neighborhood. DARYL BONIN said that he is a builder and in some cities, the building department will not give an inspection if the job site is not clean. He considers the Reynolds farm being an asset. Why would people buying in this development think differently? The farm already has neighbors around it. He cannot see an eight foot fence stopping the smell of the farm. He would expect the buyers in his development to be considerate neighbors. Again, he said the drainage would be addressed by a civil engineer. These houses will not have basements. Jarvis thought there were a couple of unresolved issues that will constitute a continuance. There needs to be more information with regard to Conservation Housing. Also, during the next month it will provide an opportunity to mitigate some problems with the neighbors. Talk with Dr. Reynolds about the street stub. Also, there might be a plan that could be designed or modified to make a better pan. Jannusch said they were willing to continue. The issues presented to the applicants were: Drainage - how will it tie into the Mountain View drainage system? . Fence - buffer between the Reynolds property and the development. Are they agreeable to the covenants? Litter from construction. Paving of Orange - dust control. Placement of Orange. Pesticides. Setbacks - what will they be? Give the neighbors an indication of what is going to happen. CARR MOVED TO CONTINUE THE MEETING TO 11:40 P.M. THE MOTION WAS SECONDED THE MOTION CARRIED. Jannusch mentioned that the buffers on Laurel Street will need to be addressed by the developer of the subdivision to the west. The applicant asked for a 30 day extension. ASHLAND PLANNING COMMISSION 13 REGULAR MEETING MINUTES JULY 13, 1993 J COMMISSIONERS DISCUSSION AND MOTION Carr moved to continue this hearing until the August meeting. There will be no limitation on testimony. Cloer seconded the motion and it carried unanimously. OTHER Oregon Planning Institute Commissioners need their reservations in by the next meeting in order to take advantage of the lower rates. Transportation Issues Carole Wheeldon's letter regarding the problems on Oak Street would be better handled at TPAC. ADJOURNMENT The meeting was adjourned at 11:35 p.m. ASHLAND PLANNING COMMISSION 14 REGULAR MEETING MINUTES JULY 13, 1993 ASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES JULY 13, 1993 CALL TO ORDER The meeting was called to order at 1:35 p.m. by Chairperson Barbara Jarvis. Other Commissioners present were Goer and Hibbert. Staff present were Molnar, McLaughlin and Yates. APPROVAL OF MINUTES AND FINDINGS Cloer moved to approve the Minutes and Findings. Hibbert seconded the motion and the Minutes and Findings were approved. TYPE II PLANNING ACTIONS PLANNING ACTION 93-092 REQUEST FOR A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A ONE-STORY YOGA STUDIO TO BE LOCATED AT 247 N. SECOND STREET. APPLICANT: KEVIN COOKE Site visits were made by all. STAFF REPORT In 1991, the Planning Commission approved a Conditional Use Permit to convert a portion of the existing residence for professional office use. The applicant is requesting to construct an approximately 1150 square foot yoga studio at the rear of the lot. Classes will be offered twice a day with six to ten students per class. Three diagonal parking spaces will be located off the existing paved alley. The target use of the zone is for a duplex. The application lacked information concerning the type of exterior materials to be used, however, was reviewed by the Historic Commission and five recommendations were given, making the building compatible to the existing residence. Staff has added six additional Conditions. The Historic Commission recommended perpendicular parking spaces instead of diagonal. Diagonal parking would have a tendency to influence the traffic.to proceed down the unpaved portion of the alley, but if cars are parked perpendicular, traffic would funnel toward the improved portion of the alley. The parking spaces would need to be improved with brick or grass pavers. PUBLIC HEARING KEVIN COOKE, 247 N. Seventh, stated the if the yoga studio ceased to exist, he would like to be able to convert the studio to a single family residence and would construct it accordingly. STEVE SACKS, 259 B Street, owns a cottage that will face the studio directly across the alley. He is concerned that the studio would create a great deal of traffic on a very small alley and he did not understand how traffic could be forced to go one way or the other. He did not think enforcement of class sizes would happen. Everything around this property is residential. It is difficult to find parking on B Street now. With class sizes of ten, Sacks thought there would be lots of traffic coming and going. He felt the use of the Bundini building in that area has expanded over time and the same will happen with the yoga studio. He would not mind the studio if it were located on the street instead of the alley. He is concerned if the applicant moves, it could become an even more intense use. Jarvis assured Sacks that the Planning Commission has the authority to limit class sizes, but more than likely would be up to the neighbors to help enforce. She also pointed out to Sacks that this Ict has the potential for two more rental units. Sacks felt the yoga studio is an inappropriate use of the property. JACKIE SIMS, 269 B Street, agreed with Sacks. The property would be better used for another residence. Her main concern is parking; she cannot get a parking space on B Street during the day at this time. Sims assumed the new parking would be upgraded and extended because the only thing that fits in the alley now is a subcompact car. Cloer asked Sims about parking on Second Street and she indicated it was suitable, but noted it is like B Street was several years ago. Sims did not feel three spaces would be adequate for the stud�o. Staff mentioned the parking spaces were based on square footage of the building. Cloer wondered if a Condition could be added that would allow the Planning Commission to monitor the yoga studio use. McLaughlin said it could be monitored over a year's period and reviewed again at the end of the year. Cloer also queried retarding the expansion of Conditional Use Permits over time. McLaughlin said that in the case of the dental office on B Street that was granted a CUP many years ago, that no limitations were placed on it when it was approved, but the Commission would not approve that sort of use again, without placing limitations. KEVIN COOKE, rebutted that he operated the yoga studio on Bridge Street for over ten years. The class sizes are predictable and he is certainly willing to work with the neighbors, should any problems arise. Cooke said there is a total of 20 students. On ASHLAND PLANNING COMMISSION 2 HEARINGS BOARD - MINUTES . JULY 13, 1993 any given day, there are four to six students—he could have as many as ten, but that is not likely. Class times run from 9:00 am. to 10:30 a.m. and 5:30 p.m. to 7:00 p.m. Cooke mentioned that several of the students live in the Railroad District. He was agreeable to an approval for a year based on traffic and parking. COMMISSIONERS DISCUSSION AND MOTION Hibbert had difficulty with the application because it is residential property and there is commercial property available, such as Town Hall. He felt that the traffic impact in the R-2 zone for a commercial use would be greater than if the property were used for residential and would therefore vote to deny. Cloer would see a potential parking problem and he felt Sacks and Sims concems were valid. However, he did not feel the impact would be felt in this particular use. He would like to approve and review,in a year. Hibbert believed that by constructing this building as a commercial use, that would be casting in concrete the commercial use of the building and that would be asking for trouble. Jarvis said that with class saes of ten, it would seem there might be more than three cars parking at a time and that could create a much greater adverse impact in the area. She did not believe this was the best use of the property and that there were better places to carry on this type of business involving this many people. Hibbert moved to deny and Jarvis seconded the motion. The motion carried with Cloer casting the dissenting vote. PLANNING ACTION 93-093 REQUEST FOR A SITE REVIEW FOR THE CONSTRUCTION OF A NEW COMMERCIAL BUILDING WITH THREE RESIDENTIAL APARTMENTS, TO BE LOCATED IN THE RAILROAD SUBDIVISION AT THE NORTHEAST CORNER OF FIFTH AND A STREETS. APPLICANT: J. ELLEN AUSTIN This application has been withdrawn until further notice. ASHLAND PLANNING COMMISSION 3 HEARINGS BOARD MINUTES JULY 13, 1993 TYPE I PLANNING ACTIONS PLANNING ACTION 93-087 REQUEST FOR A SITE REVIEW AND CONDITIONAL USE PERMIT TO CONVERT AN EXISTING GARAGE TO A STUDIO APARTMENT LOCATED AT 746 C STREET. APPLICANT: PHYLLIS SANDERSON This action was approved. PLANNING ACTION 93-090 REQUEST FOR A SITE REVIEW FOR A PROPOSED SECOND STORY ADDITION WITH BALCONY ON MACARONI'S RESTAURANT LOCATED AT 58 EAST MAIN STREET. APPLICANT: . ALLAN SANDLER This action was called up for a public hearing. PLANNING ACTION 93-091 REQUEST FOR A VARIANCE TO CONSTRUCT A FIVE FOOT HIGH FENCE WITH AN EIGHT INCH LATTICE TOP, RATHER THAN 4 FEET IN HEIGHT AS REQUIRED BY ORDINANCE, ALONG ASHLAND LOOP ROAD. PROPERTY LOCATED AT 1030 MORTON STREET. APPLICANT: DEBORAH & DENNIS HOFER This action was called up for a public hearing. The Commissioners were in agreement that protection is needed, but would like to see some variation used in the fence and perhaps not be built as high as requested. PLANNING ACTION 93-097 REQUEST FOR SITE REVIEW FOR THE CONSTRUCTION OF A 5,100 SO. FT. RETAIL/OFFICE BUILDING LOCATED ON THE NORTH SIDE OF -A- STREET AT THE END OF SECOND STREET. APPLICANT: JOHN FIELDS This action was approved. ADJOURNMENT The meeting was adjourned at 3:30 p.m. ASHLAND PLANNING COMMISSION 4 HEARINGS BOARD MINUTES JULY 13, 1993 Monthly Building Activity Report: 07/93 Page 1 # Units Value SINGLE/MULTI-FAMILY & TOURIST ACCOMODATIONS: Building: ADDITION 88;000 ADDITION & REROOF 18,000 BARN 15,000 CONVERT GARAGE TO BEDROOM 4 ,000 DECK 3,000 DECK/HOT TUB 1,500 DEMOLITION 0 DEMOLITION OF HOUSE 0 FENCE 6,900 GARAGE 31,000 GUEST COTTAGE/NO KITCHEN 56,000 PARTIAL REROOF 10,250 REMODEL 71,283 REMODEL & ADDITION 75,000 REVISION TO SFR 400 SFR 3 313 ,898 STUDIO/SHOP 28,000 TRIPLEX 3 103 ,637 Subtotal: $ 825,868 Electrical: 1 BR CIR FOR FURNACE 20 1 BRANCH CIRCUIT 200 200 AMP SERVICE/SPA 2,000 ELECTRIC 875 ENTRY VOIDING 9306001 -200 FEEDER + 3 BRANCH CIRCUIT 600 REWIRE 5 BRANCH CIRCUITS 1,000 REWIRE HOUSE 1,500 SERVICE & FEEDER 800 SERVICE CHANGE 2,070 TEMP SERVICE 200 UNDERGROUND SERVICE 850 Subtotal: $ 9,915 Mechanical: GAAS WATER HEATER 1 500 GAS FURN & A/C 1 4,592 Monthly Building Activity Report: 07/93 Page 2 # Units Value SINGLE/MULTI-FAMILY & TOURIST ACCOMODATIONS: Mechanical: GAS FURNACE + ELECT 1 2,276 GAS LINE 1 180 GAS LINE & FURNACE 1 2,595 GAS LINE & SPACE HEATER 1 2 , 500 GAS LINE, FURN, A/C 3 , 285 GAS LINE/FURNACE 1 3 , 097 GAS WATER HEATER 1 4, 500 GFAU VENT 1 7, 500 INSTALL HEAT PUMP 1 6, 265 SPACE HEATER 1 600 WALL FURNACE/GAS LINE 1 1, 200 Subtotal: $ 39, 090 Plumbing: AUTO SPRINKLER SYSTEM 8, 500 SEWER AND WATER 6,500 SPRINKLER SYSTEM 1,200 Subtotal: $ 16, 200 ***Total: $ 891, 073 COMMERCIAL: Building: EQUIPMENT ROOM 20,000 FENCE 9,500 KITCHEN REMODEL 6, 000 OFFICE REMODEL - INTERIOR 24, 000 PARTIAL REROOF 87, 000 REMODEL & ADDITION 14 250, 000 REMODEL-STUDENT HEATH 80, 000 Subtotal: $ 476,500 Electrical: 3 BRANCH CIRCUITS 900 ALARM SYSTEM 550 SECURITY DOOR 400 SERVICE + 6 BRANCH CIR 1, 300 Monthly Building Activity Report: 07/93 Page 3 Units Value COMMERCIAL: Electrical: Subtotal: $ 3 , 150 Mechanical: REPLACE FURNACE 1 3,500 Subtotal: $ 3 ,500 Plumbing: IRRIGATION 800 WATER HEATER 90 Subtotal: $ 890 ***Total: $ 484 ,040 --------------------------------------------------------------- Total this month: 86 $ 1, 375,113 Total this month last year: 91 $ 1,283,587 Total year to date: 86 $ 1,375,113 Total last year: 91 $ 1,283,587 This month This month This year last year Total Fees: 19,441 20,934 19,441 Total Inspections: 478 465 478 NEW CONSTRUCTION: 7/93 RESIDENTIAL PAGE NO. 1 07/30/93 ADDRESS #UNITS CONTRACTOR VALUATION ** BARN 531 FORDYCE ST KURTZ, SCOTT CONSTRUCTION 15000.00 ** Subtotal ** 15000.00 ** GARAGE 1355 TOLMAN CREEK RD OWNER 10000.00 1961 TAMARACK PL NORTH PACIFIC 21000.00 CONSTRUCTION CO ** Subtotal ** 31000. 00 ** GUEST COTTAGE/NO KITCHEN 145 MANZANITA ST GREENEWOOD HOMES 56000. 00 ** Subtotal ** 56000. 00 ** SFR 540 DOGWOOD WY LARSON, LARRY 80331. 00 855 NORTH MAIN ST OWNER 93567. 00 235 SUNNYVIEW ST GENTRY, HAROLD T. 140000. 00 ** Subtotal ** 313898. 00 ** STUDIO/SHOP 853 HILLVIEW DR MEDINGER CONST. CO. INC. 28000.00 ** Subtotal ** 28000. 00 ** TRIPLEX 170 MOUNTAIN AV S 3 OWNER 103637.00 ** Subtotal ** 103637.00 *** Total *** 547535.00 NEW CONSTRUCTION: 7/93 . COMMERCIAL PAGE NO. 1 07/30/93 ADDRESS #UNITS CONTRACTOR VALUATION ** EQUIPMENT ROOM 0 GARFIELD ST CITY OF ASHLAND 20000. 00 ** Subtotal ** 20000.00 *** Total *** 20000.00 A �ftoo l . August 11, 1993 Mayor and City Council Xijm• Steven M. Hall, Director of Public Works o.JrL �IZQjQt#� Monthly Reports Enclosed are the monthly reports for the Public Works department for the month of July, 1993 . SMH:=%PW\MORn... Enclosures Water Quality Monthly report for July 1993 Water: Repaired 1 leak in City owned water mains. Repaired 5 leaks in customer service and or meter. Repaired 1 TID leak. Installed 3" perf drain because of TID line at top of Beach. Raised 2 meter boxes and services to new road grade. Repaired Chestnut TID line replaced a plugged section. Changed out 17 water meters. Installed 5 new water meters with hand valves. Installed 4 customer hand valves. Repaired 4 fire hydrants. Removed fire hydrant at Scenic and Nutley no longer in use. Replaced old fire hydrant including tee and valve in the street. Changed over 15 water service for pre-paving. Installed 3 2" water services and 1 4" fire service. Installed 1 3" water service with new 4" tee and vavle assembly. Installed 3 3/4" water services. Replaced broken meter box in Siskiyou bike path. Repaired drinking fountains at Iron Mike fountain. Chlorinated and put into service new water main at Campus Way. Sewer: Installed 3 new 4" sewer laterals. Made 5 sewer line repairs. Responded to 5 service calls. TV'ed 1898 feet of City sewer mains. Rodded 14, 767 feet of city mains using the mechanical rodder. Jet rodded 10, 254 feet of city sewer mains. Miscellaneous: f51•'a� There were 93 requests for Utility locate calls. There was million gallons of water treated at the Water Treatment Plant and 56. 08 million gallons of water treated at the Waste Water Treatment Plant. Used 150 yards of 3/4" minus rock at various jobsites. ENGINEERING DIVISION MONTHLY REPORT FOR: July 1993 1. Issued 20 Street Excavation Permits. 2. Issued 10 miscellaneous construction permits. 3. Issued 3 address change or assignment forms. 4. Responded to 10 Certificate of Occupancy reviews. 5. Completed 15 pre-applications for planning actions. 6. Completed 8 "One-Stop" permit forms. 7. Performed field and office checks on 7 partition plats. 8. Performed field and office checks on 2 subdivision plats. 9. Met with Fire Chief regarding a state wide emergency action plan. 10. Continued research on water rights on Billings' property. 11. Continued work of digitizing tax lot maps into the computer. 12. Performed the following work on the Mountain Avenue Sewer L.I.D. project: a. reviewed plans prepared by consultant,* b. researched pump station packages and equipment, C. walked through project with engineers, and d. prepared and specifications for project. 13. Operated traffic counters at several locations. 14. Prepared memo and plan for the revision of the traffic island at Oak Knoll and Highway 66. 15. Performed the following work on the Airport Project No. 3-41-0002-05: a. researched specifications for equipment and material to be used on upcoming project, JHO:m\sUffrptjul surmo"L.mef . J Engineering Division Monthly Report for July 1993 Page 2 b. prepared engineer's cost estimate, and C. prepared and typed application for FAA grant application. 16. Performed the following work on the proposed Tolman Creek Road Improvement Project: a. prepared preliminary design, b. prepared cost estimate, c: prepared petition for improvement, and d. sent estimates, petition etc. to Bellview School for further action. 17. Reviewed pavement conditions on Terrace Pines Subdivision and marked pavement areas to be removed. 18. Performed the following work on the proposed Fordyce Street Improvement Project: a. sent letter to Jackson County Public Works regarding the transfer of jurisdiction, b. research pre-paving agreements, and C. prepared cost estimate for construction. 19. Performed the following work on the Clear Creek Subdivision: a. reviewed and approved improvement plans, b. approved and signed subdivision plat, C. held pre-construction conference, d. issued notice to proceed, and e. inspected work performed by contractor. 20. Performed the following work on the N.W. Area Pump Station and Reservoir Project: a. inspected work performed by contractor, b. reviewed and approved contract change order no. 3, and C. prepared progress payment no. 3. 21. Approved contract change order no. 3 and made progress payment on the Digester Improvement Project. 22. Met with architect regarding the proposed public works/planning building. 23. Performed the following work on the Railroad Village Subdivision improvements: a. continued computer ]napping of contours and boundaries, and b. began preparing design of improvements. nio:rststaffwt Ju1 . sufnimuner 8treOt Division July 1793 Report SWEEPER: Swept .320 miles. Collected 120 Yards of debris. Respohded t6'110 utility location requests. Continued spring/summpr painting program. . Patched pot-holes and sunken services.. 3raded several streets and alleys. ' Dug up sink hole on Winhurn Way by the play-ground . Found old , rotted tree stump, Back-filled with slurry_ Saw-cut Grant St. above �No. Main for patching . Oatched : around man-holes on the Plaza, sink hole on Winhurn Way, and sunken area on Grant St. . 3aw-cut curb on Bellview Ave. . }ivided crew into several groups to mark the streets for t h pre-pa c on ou 'e-surface list. 3aw^cut and removed several sections of the asphalt sidewalk between Ter x'd Bellview due to tree root damage~ segan pre-patch preparation on Oak Knoll Dr^ and on Crestview. Removed the traffic island on Oak Knoll 8r. and ' 66' ^ Back-filled with 17^ 5 tons of 1 1/2 in . minus rock and prepared for patching - Removed asphalt on Dellview for the replacement of more curb and gutter. Removed a section of sidewalk .o^ Siskiyou Blvd . across from Omars due Lo tree root damage. One tree to be removed and the others trimmed . segao clearing an area by the new park on upper Granite St. for future ' ,arking . `aved bottom lift on Be] lview along the new cukb: 85"93 tons. `aved bottom lift on asphaltaidowalk by Rellviewi° 25.28 tons. Removed soft spot on Be]lview above Siskjyou" Back-filled with 10 yards )f 1 1/2 in ; minus rock , compacted and readied for paving . (Top lift) " laved Lop lift on Bellview; 105 tons. ` av��d top lift on asphalt sidewalk by 9ellview: 14. 5 tons, segan removing large defective areas for repair on E. Main between ithiu Way and Morse. Defective areas dye to clay soil . Removed 2 ft. if thi" soil , placed fabric and back-fillaUi with 1 1/2 in " minus" 'atchc/J back 3 of these areas using 31 tons of asphalt . ' iTORM DRAINS: . lush .d and/or rndded several storm drain systems° leaned off catch basins . Qck-filled hole and landscaped the area where storm drain was broken y installation of a new power pole~ xilt head-wall around drain pipe at Clinton and Carol Sts" . urmed and poured curb and gutter for curb inlet catch basin an A St. IGNS. xteod , straighten and paint posts in Grizzly sub-division " . Alsb replace ade4 no parking signs. e-paint ''SKATEBOARDS AND BIKES pAOHIBITED ON SIDEWALKS" in the owntowo area. nstalled "NO MODEL AIRPLANES" signs at the airport. ^ xepiacen szreec signs aL r/n^/es unu wa/xer anu ar nnrsx ano olaxne. Installed post and Handi^Cap sign in front of the Community Center on Wioburo Way. Re-sat stop sign post on Alnutt at Nutley: Marked Glenview Dr. from Granite St. to the. cinder yard for locates for- installation of no parking signs" ` Sand-blasted off lines in the Hargadine , parking lot by the stairs to the Varsity Th ea t re to i ns ta ll different par ki ng stalls. s.Insta] led a oQEAD END" and a o25 MPH / . sign on upper Clay St" . Also lengthened and painted the posts" Replaced street sign at Mary Jane and Mohawk . Painted the post. Straighten and painted the posts and adjusted the signs on Winburn Way. Installed 14 "NO PARKING" signs and posts on Glenview Dr. from Granite - St. to the city yards. Replaced vandalized stop sign on Roca. ^ Repaired vandalized head in parking sign on 2nd St. . Painted several posts and repaired several signs in the Nutley-Granite Street area. Replaced faded and/or vandalized stop signs at 4th & B, 7th & B, Iowa and Muuntain / and E. Main and Mountain . � Replaced a vandalized one-way sign on Will Dodge Way" Replaced a vandalized 2 hr . parking sign an 3rd St. . MISC. Sand-blasted our cement mixer and prepared it for painting . Cut weeds at the police gun range. Picked up cones and dQlineators from Cantel in Medford for the 4th. Cut weeds on city property at 8th and A Sts, . Hauled off sweeper pile : BO yards. Cut weeds and general clean-up of B St, yard . Back-filled new curb on Bellview with top soil " Sprayed weeds on over-lay streets. Back- filled new caLch basin on A St. . � Pointed curb yellow on Ray Ln . curve above ' 66: . Painted curb yellow in front of fire hydrant on Idaho St. . Painted curb yellow on Lithiu Way by 3rd St. to eliminate parking space due to vision clearance. Took water purity tests in Ashland Creek at storm drain outlets. Cleaned along sidewalk an ' 66' off Siskiyou to the Timbers Motel . Hauled R[) yards of 3/4 minus rock froo^, Qualiiy Rork to B SL. yard . Began clearing area for parking below the "swimming hole" at the new park at Granite and Glenviem. Installed a culvert, moved big rocks and stumps for future handi-cap parking area on Glenview Dr. across from the new park . Repaired the curb at 698 Oak Knoll , Stenciled '/STREET DIV. " on 24 new traffic cones. Helped shop with equipment when needed . ' Cleaned facilities and equipment on a, weekly basis. Held mont hly safety meeting " Special guest this month; Don Todt of the � Parks Dept. . Very informative and educational . ` ^ w , City of Ashland Fleet Maintenance July 1993 Report 3 mechanics completed work on 135 wor k or d ers for var i ous types of City equipment and vehicles. . With the new numbering system in effect, work orders will no longer be ^ reported on an individual department or division basis. ' The emergency generators at City Hall and the Civic Center were manually tested on a weekly basis. I and M certificates issued for the month; ' Ashland School District: 21 � ` August 11, 1993 M E M O R A N D U M TO: Honorable Mayor & City Council FROM: Brian L. Almquist, City Administrator SUBJECT: Monthly Report - July 1993 The following is a report of my principal activities for the past month, and a status report on the various City projects and . Council goals for 1993-94 . I. PRINCIPAL ACTIVITIES: 1. Attended press conference at Ashland Hills Inn regarding Clearsprings project. 2 . Met with representatives of the Parks Commission and B.P.A. to review schematic plan for park on Hodgins property on Mountain Ave. and interface with potential substation. 3 . Met with property owners of the "Oak Block" to try to work out a cost reduction for proposed LID to finance new sidewalks, street trees, street furniture, decorative lighting, and undergrounding of utilities. 4 . Met with City Attorney Nolte and Ken Mickelson regarding amendments requested by John Billings to proposed Letter of Understanding on lease of property from Billings for municipal golf course. 5. Attended luncheon with sister city representatives from Guanajuato, Amigo Club and City Council members. 6. Met with architect Gary Afseth to discuss details of construction plans for office addition at Civic Center. 7 . Met with Pate Belecastro of Ashland Cable Access to discuss budget matters and agenda for next Commission meeting. 8. Met with Councillor Winthrop and Steve Hall regarding status of Wetlands Study. 1 9. Met on two occasions with Jason McCrory, consultant for Clearsprings project regarding possible coordination between Oak Knoll golf course and their proposed course. 10. Attended noon meeting of the Rogue Valley Civic League subcommittee on Community College Services in Jackson County. 11. Met with Hospital Foundation Chair Chuck Butler and Foundation Director Pat Flannery regarding possibility of Revenue Bond financing for senior congregate care facility on North Main. 12 . Met with Kent Provost, Chair of subcommittee evaluating Middle School alternatives regarding possible availability of school property for other civic uses. 13 . Attended monthly breakfast meeting of the Chamber Board of Directors. One of the topics discussed was whether the Council would act to repeal 40 of the food and beverage tax in light of the referral of a sales tax measure to the voters. I informed . them that this wound be considered on August 17 . 14 . Participated in conference call with all other Oregon Municipal Utilities regarding our opposition to the application of the proposed sales tax to Electric Dept. purchases. 15. Met with Jack Nelson, Executive Director of the Associated General Contractors (former Mayor of Beaverton) , regarding their offer to allow municipal employees to attend their worker safety programs. 16. Met with Councillors Winthrop and Arnold to discuss their concerns about procedures for approval of the proposed letter of understanding on the Billings golf course. 17 . Met with Mary Smelcer of USFS, Fire Chief Woodley, Ken Mickelson and P.W. Director Hall to discuss future of Forest Service facilities in. the City. 18 . Met with Planning Commissioners Hal Cloer and Susan Powell, Bill Patton and Paul Nicholsen of OSFA, and Sandra and Dennis Slattery of Chamber regarding ideas for the preservation and restoration of the Mark Antony Hotel. 19. Took two weeks of my vacation from July 22 to August 6. 22 . Attended a meeting Chaired by Councillor Arnold along with the Mayor, Councillor Laws and representatives of the Chamber, social service agencies, news media and others regarding problem of vagrancy, homelessness and begging in the downtown area. 2 STATUS OF VARIOUS CITY PROJECTS: 1. Electric Substation. BPA released its EA, identifying its preferred alternative as the Hodgins property at Mountain and Hersey. Following this there was a two week public comment period in which they received one negative response and a number of supportive comments. I still have not received my copy of the final report. However the field work on the Level II environmental studies did not reveal any pollution problems on site. We will be assisting BPA with the survey work on the minor land partition. 2 . Downtown Project. Completed. 3 . Northwest Water Project. Construction on the reservoir on Hitt Road is underway and they have completed the pouring the perimeter walls. Next stage will be the installation of the roof and supporting columns. Completion is expected by the end of the year. 4 . Open Space Program. Curtis Hayden of the "Sneak Preview" and merchant Richard Hansen were successful in their petition drive to ask the voters to repeal their previous decision. If the voters were to repeal the 1% for parks, we would have to find some way of paying for the Hodgins property which we have purchased, and would be required to levy the assessments on the Railroad Park. The Council will be voting on placing a competing measure on the ballot on August 17 to reduce the ,tax to 1% if the statewide sales tax passes in November. 5. Digester Roof. Completed. 6. Tolman Traffic Signal. Completed. 7 . Wetlands Study. WE will be meeting with our consultants within the next few weeks to attempt to finalize the recommendations in the report. There is still a• disagreement between Dr. Gearhart and Woodward-Clyde. Meanwhile the DEQ has expressed an interest in facilitating a basil nwide solution if the City commits itself to the Medford option. A meeting with State officials is being scheduled for late September. 8 . Forest Fire Management Project. Parks has completed its work for this year. Additional work is scheduled for. next Winter which will complete the recommended project list from McCormick and Associates. 9 . Capital Improvement Plan. The draft plan was reviewed in study session in January. Copies have been placed in all the libraries and I am making myself available to speak to groups about the plan. 3 r 10. Office Addition at Civic Center. Working drawings and specifications have been completed, and we are tentatively scheduled to present the site review to the Planning Commission at their September meeting. III. STATUS OF COUNCIL GOALS: 1. Amend the Fair Housing ordinance. Completed on May 18 . 2 . Modify all municipal buildings to make them fully handicapped accessible. Study of all facilities to be completed by the Building Official later this Summer. We are investigating the costs of a wheelchair lift at City Hall. 3 . Deal more effectively with public/media issues. The City Council agreed to become more active in writing guest editorials and in responding to letters to the editor during the coming year. 4 . Review personnel policy effectiveness. The Council directed a review of our present employee evaluation process, training,and overall personnel policies. A committee of middle management personnel has been .reviewing the last issue, and I hope to give the remaining issues my full attention this Summer. 5. Give consideration to affordable housing policies whenever other growth management or utility policies are changed. There has been no proposal to date which relates to this goal. I will continue to monitor. 6. Take a proactive role in opposing proposals to upzone secondary lands adjacent to the city's Urban Growth Boundary. Planning Director McLaughlin and Mayor Golden have written a joint letter to the County expressing our views. Both have appeared at the Ashland area hearings to reiterate our opposition, particularly in the interface areas. Brian L. Almqui City Administrator BA:ba 4 fASy�`e PItta ran durit G4EGO.". August 13, 1993 1t1II: Honorable Mayor and City Council ram: John McLaughlin, Planning Directo U�IjECt: . Jackson County Planning Action -- Aggregate Operation Councilor Winthrop has requested that the Planning Staff review a request made to Jackson County Planning for a change in zone on Emigrant Creek Road from EFU (Exclusive Farm Use) to AR (Aggregate Resource). The applicant, Bonnie Able, is requesting the change for a 2000 acre ranch located near Emigrant Lake. Staff has received a copy of the materials presented to the County, as well as the County Staff Report. As seen by the attached map, the ranch is well beyond Ashland's urban growth boundary, being out near Emigrant Lake and Corp Ranch Road. Staff has discussed the application with Jackson County Planning Staff, and most sites identified for aggregate operations are lower level stream channels not visible from the City. However, there may be some aggregate operations on some higher portions of the ranch that could possibly be visible from the southwestern portions of Ashland (Greenmeadows area). The operations on these knolls are proposed to not be open-faced mining, with a large headwall, but rather a "scraping" of the material from the top of the knoll, primarily from the north sides, then repair of the sites with on-site soils, then replanting with native grasses and similar vegetation. Given the long distance from Ashland, and the limited visibility of the operation, Staff does not believe that there is a great concern to the City. The County Planning Staff, in their report addressing the conflicts associated with such a zone change, have noted importance of open space vistas to the City of Ashland. Staff believes that no further action by the City of Ashland needs to be taken at this time. ° 08/12/93 09:45 $ J C PLAN AND DEV f¢J 003 ct I I � i N LL \\. W r I ' 1 l O \ y o City Attorney City of Ashland (503) 482-3211, Ext. 59 MEMORANDUM July 15, 1993 TO: Mayor and City Council FROM: VIII Paul Nolte SUBJECT: Summary of Proposed Contract Terms for Billings' Golf Course The terms of the attached letter of intent are summarized below. The terms differ only slightly from the terms discussed in executive session. The most significant differences are in paragraph VII.F (provision added to require the city to preserve easements associated with water rights) and in paragraph VIII.D (subparagraph added to ensure that once golf course construction begins it will be completed in a timely manner). 1. Form: Letter of intent agreeing to terms to be incorporated into lease. Lease to be finalized within 30 days of letter of intent. 2. Parties: City of Ashland and John S. Billings; Gladys M. Billings, Virginia M. Lewis, Mary E. James, John S. Billings, Jr., and Timothy L. Billings. 3. Property: 130 acres of Billings' Ranch (does not include 5-acre homestead or 15 acres within city limits) Subtract possibly 13 acres of frontage north of Jackson Road if City's architect determines frontage not necessary for course. Twelve acres of adjoining Loegel property to be purchased by City. Seven to ten acres of adjoining County greenway property usable for a golf course. 4. Term: Fifty-year lease with two 25-year renewal terms. 5. Rental: Staged increase: $1,000 per month when construction begins. $4,000 per month when play begins (adjusted by CPI) plus one percent of the gross. 6. Construction of course: City required to design and.construct course, driving range, pro shop, clubhouse and restaurant; bury existing city power line at city limit's boundary. r Mayor and City Council July 15, 1993 Page 2 7. Land use approvals: City required to obtain all necessary land use approvals for golf course use, to initiate process to bring property within urban growth boundary and initiate process to annex by 1998. 8. Other contingencies: Consultation with the Billings Family on the schematic plans for the design of the golf course. Written confirmation from affected state agencies that water rights will not be lost or considered abandoned by the Billings family. Confirmation, prior to use of effluent, from all affected agencies with jurisdiction that effluent may be used for irrigation. Environmental assessment of the property including wetlands inventory and other environmental, historical or archeological constraints. Approval by Oregon Department of Transportation for adequate access from the state highway. Securing by the City of the necessary financing commitments for construction of the golf course. Note that the letter of intent is not binding on the parties, it serves only to set forth the matters determined to be important for purposes of negotiating a lease. Specifically, page eight of the letter provides: "This letter sets forth the intent of the parties only, and is not binding on the parties, and may not be relied on as the basis for a contract of estoppel or the basis of a claim based on detrimental reliance or any other theory. The parties understand that no party shall be bound until the definitive lease agreement has been negotiated, executed, delivered and approved by the City Council of the City of Ashland and the Billings Family." The letter also contemplates that the city will hold a public hearing before any lease is entered into. Specifically page eight of the lease provides: "Nothing in this paragraph, however, shall prohibit the City from giving public notice and holding public hearings regarding this letter of intent and the proposed terms of a lease agreement." (p:parksNII-cn 2.mem) LETTER OF INTENT July 20, 1993 Re: Proposed Lease of Billings Property to the City of Ashland For Golf Course Purposes The purpose of this letter is to outline the manner in which the members of the John Billings Family ("Billings Family") propose to lease property which they now own to the City of Ashland ("City,,) for the construction of a municipal golf course. The parties recognize that this transaction will require further documentatiion and approvals. Nevertheless, the parties execute this letter to evidence their intention to proceed in mutual good faith to complete the work necessary to negotiate a lease agreement and associated documents consistent with this letter. The proposed obligations of the parties, terms and conditions of lease, and other expected contingencies; include but are not limited to the following: I. Acctuisition of Loegel Property. The City will acquire title to the approximately 12 acres immediately adjacent to the Billings property, presently owned by the Loegel Family. During the term of the lease by the Billings Family to the City of Ashland, and during any extension or renewal of such lease,- the Billings Family shall have a right to purchase the Loegel property from the City of Ashland for its then fair market value. If the Billings Family elects to exercise this option they shall give written notice to the City of Ashland stating their desire to purchase. The parties shall then negotiate in good faith to determine a fair market value for the property. If the parties cannot agree on the determination of a fair market value within sixty. (60) days of the notice from the Billings Family, they shall mutually agree upon the selection of an appraiser practicing in Jackson County, Oregon to appraise the property as of the date of the exercise of the option, and the report of the appraiser shall be final and binding on both parties. Once the valuation is established by agreement or appraisal, the Billings Family shall have ninety (90) ' days from the establishment of the value within which to pay for the property in cash. If the Billings Family is unable, to exercise. the option .within that period of time, the valuation established by the parties shall no longer be binding and the Billings Family will have to issue new notice and enter into a new determination of .value prior to exercising the option. Notice provided by the Billings Family pursuant to this option shall be timely .if given during the original term of the lease or any subsequent renewal thereof. Should the Billings Family purchase the property, the City shall have the right to lease the property for the golf course under the same terms and conditions as the lease described in paragraph VIII with base rental to be in. proportion to the base rental paid for the Billings property comparing the sizes of the two properties. PAGE 1-LETTER OF INTENT (r:Nruw;u;ns,.rrd) II . Agreement with Jackson County. A portion of the proposed golf course is presently owned by Jackson County. City will obtain title to the property for recreational uses. The Billings Family will grant a pedestrian and bikepath easement to Jackson County for the Bear Creek Greenway project at the northeast corner of the property to be leased by the City. Both parties agree to proceed in mutual good faith to ensure that the County property will be available for use as a portion of the golf course for so long as the property is occupied and utilized as a public golf course. III. Land Lease. The golf course will consist of the Billings pXoperty of approximately 130 acres, the Loegel Property of approximately 12 acres, and that portion of the County property determined to be necessary for development of a championship class golf course consisting of approximately seven to ten acres. The Billings Family will lease its entire acreage to the City of Ashland, and the City will develop the acreage as a municipal golf course and driving range with associated facilities. Excluded from the lease will be the 15 acre parcel owned by the Billings which is located within the Ashland City limits and a parcel of approximately 5 acres surrounding the Billings Family homestead. City shall release from the lease that part of the property fronting on Highway 99 located to the South of Jackson Road determined by the City, through advice from its architect, not to be necessary for development of a championship class golf course. For purposes of this section-, City shall draft written instructions to the architect, for ._approval by the Billings Family, which approval shall not be unreasonably withheld, as to what matters the architect shall consider in utilizing this portion of the property in the design of the course. A. Term. The term of the lease shall be fifty (50) years, commencing upon execution of the lease. The City shall have the option to renew the lease for two additional 25 year terms. The .City shall have a right of first refusal to purchase the property in the event that the Billings Family offers it for sale. The Billings Family shall have a right of first refusal to purchase the operating rights in the golf course in the event that the City elects to cease operation ,of'. the golf, course. City reserves the right to contract out 'the operation of the golf course to a private firm or enterprise. At the conclusion of the lease term, all greens, tees, irrigation systems, and other permanent improvements to the land or buildings shall remain in place for the benefit of the Billings Family. Golf carts, golf course equipment and furnishings shall not revert to the Billings Family at the end of the lease . B. Rental. Upon execution of a contract for the construction of the golf course and subsequent commencement of construction, the City will begin payment of a monthly base rental of $1, 000.00 per month. This base rental shall PAGE 2-LETTER OF INTENT (P:arks%mc„g,.na) increase to $3,000.00 per month when course play begins. This base rental shall be adjusted annually to equal changes in the Consumer Price Index (All Urban Consumers (CPI-U) , for Portland, Oregon) . In addition, once course play begins, the City shall pay additional rent to the Billings Family equal to one percent (1t) of the annual gross receipts received by the City from all revenue producing activities on the property in the following manner: When course play begins, the city shall estimate the total gross receipts until the following September and divide the estimate by the number of months until such September. The quotient shall be the amount added to all other monthly payments paid to the $,fillings Family. When such September arrives, the actual gross receipts for the preceding months shall be calculated. If this calculation is more than the actual amount paid by the City then the difference shall be paid by the City to the Billings _Family at time of next monthly payment. If the calculation is less than the actual amount paid, then the difference shall be credited to City on next monthly payment or. payments. For each succeeding year, beginning in September, the gross receipts shall be estimated and the percentage monthly payment and September adjustments made as provided above. If, after the second year of operation, .the base rental plus the one percent of gross receipts plus the amount paid for water as described in paragraph VI do not equal $6,000.00 per month, the City shall make an additional monthly payment to the Billings Family so that the amount received shall be a• minimum of $6, 000.00 per month. The lease will terminate and all property shall revert to the exclusive control of the Billings Family in the event that the City of Ashland ceases to operate a municipal golf course on the site for a period of more than six (6) months or notifies the Billings Family of its intention to discontinue the operation of the golf course. Nothing in this paragraph, however, shall be construed to restrict the City's right to contract out the operation of the golf course to a private firm or enterprise. Nor shall this paragraph apply to a termination of the operation of the golf course of less than 18 months if such termination is caused by an act of God. In such case, rent shall be abated' during the period of inoperation. If City is able to continue operation on nine holes of the course, then all rents shall apply, except that only one-half of the base rent shall be due. C. Government Approvals. The lease shall require. the City at its. expense to obtain all necessary governmental permits and zone changes, or other legal authorizations required for the operation of the golf course. D. Course Standards. The City agrees to construct and maintain a championship class golf course, together with a driving range, pro shop, and clubhouse and restaurant. For PAGE 3-LETTER OF INTENT ty:Pa,ma ,.Ra� those portions of the golf course within the immediate vicinity of the 15 acre parcel owned by the Billings Family in the Ashland City limits, the parcel of approximately 5 ' acres surrounding the Billings Family homestead and any of the frontage property determined by the architect not to be necessary for the course as provided in paragraph III above, the Billings Family shall have the right to approve the design of the course as it relates to aesthetic and hazardous conditions for these parcels. Such approval by the Billings Family, however, shall not be unreasonably withheld. As to the remainder of the course, the Billings Family shall have the right to be consulted regarding the desig2 and plans for the course. The golf course master plan shall provide necessary access for the delivery of irrigation, power, and sewer to the property retained by the Billings Family and shall provide for burying the power line which crosses the Billings property located within the City limits within ten years of the date of the lease or when construction of the subdivision described in paragraph VIE D is begun, whichever is sooner. E. Additional Buildings and Improvements. The City shall . not construct any public buildings or facilities other than golf course and related improvements on the leased premises without first obtaining the permission of the Billings Family, which shall not be unreasonably withheld,' and shall 'be required. to establish a reasonable rental payable to. the . Billings for facilities consented to. Any additional facilities shall be incorporated into the base lease by an addendum and shall be subject to the terms and conditions of the base lease. F. Taxes, Maintenance, and Insurance. The lease agreement shall provide for the City to pay any and all maintenance costs, taxes, liens, or other fees chargeable against the property by reason of the operation of the golf course, and the City shall hold the Billings Family harmless from any such liability during the operation of the golf course, except for the negligence of the Billings Family. The City .shall qualify -the Billings and Loegel properties for special property tax assessment under ORS 321.795 or otherwise avoid the imposition of back taxes on the Billings Family when the property is removed from exclusive farm use zoning. The City shall maintain liability insurance coverage covering the City and the Billings Family with limits to be mutually agreed upon between the parties. G. Reservation of Rights. The lease shall provide that the Billings Family will reserve for itself the following property rights as a part of the lease. 1. Any trees and buildings removed during or after construction shall be the property of the Billings Family. PAGE 4-LETTER OF INTENT (p:put:miuin,.rte) 2. Prior to commencement of construction, the Billings Family shall have adequate time to liquidate their cow herd, and Lessee shall take all necessary steps to protect the herd during construction. 3. The Billings Family reserves all mineral, oil, gas, and geothermal rights, so long as the removal does not adversely affect the operation, facilities and play of the golf course. 4. Sums received as a result of condemnation proceedings shall all be the property of the Billings Family except for any value attributed to special improvements of the property for a golf course provided for in any award. 5. The Billings Family -reserves the rights to all potential electricity which- may be generated by use of the water discharged from the dam or dams on the property. The Billings Family will use the water for electrical generation only when it does not affect the irrigation of the golf course or the use of the water by the City as replacement water. The Billings Family agrees to sell to the City such electricity as desired and generated at the same cost as is then paid by the City to Bonneville Power Administration. To the extent practicable, the City shall leave all existing trees on the property, and shall bury any future City power lines crossing the property. To the extent practicable, future power lines accessing the ' property shall also be buried. IV. Land use approvals. Within 12 months of the date the lease is finalized, the City agrees to initiate the process to include the entire golf course and property retained by the Billings Family for inclusion in its urban growth boundary. Prior to December, 1998, the City agrees to initiate the process to annex the course and property to the City. Both parties acknowledge, however, that the City cannot guarantee the result of these processes nor contractually obligate itself to a predetermination of the issues involved. The Billings Family agrees to cooperate .in obtaining the necessary land use approvals, whether from Jackson County or the City of Ashland and, if necessary, to execute all necessary applications and other documentation as record owner of the property. Following approval of Lessee's plans and specifications by the Commission and the building officials, Lessee shall expeditiously apply for all necessary permits and make continued and substantial progress towards permit issuance. Lessee shall commence construction in accordance with plans and specifications approved by the Commission within 60 days following approval by City or County of Lessee's plans and specifications. If required permits are- not issued by the appropriate authority within 90 days of approval of plans and specifications by the Commission, City may, upon 30 PAGE 5-LETTER OF INTENT (p:P,.wwains..iru) days written notice to Lessor, terminate this Lease and Lessor shall have no further. liability to City under this lease. V. Development Costs. All costs associated with the processing of the land use actions or appeals required to obtain approval for this project, shall be borne by the City, including all master planning, engineering and survey costs, if any. VI. Irrigation. The City proposes to use the existing water rights on the, property to irrigate the golf course or to maintain streamflow . The City shall pay the Billings Family $12,000.00 per year beginning six months after commencement of construction of the golg course or upon irrigation of grass for the course, whichever occurs sooner, for the use of the Billings Family water rights. Water rights payments under this section shall be adjusted annually to equal changes in the consumer price index (All Urban Consumers) {CPI-U) for Portland Oregon. In the event the city uses treated effluent from its sewer plant, The City shall be obligated to save and indemnify the Billings Family free and harmless from any and all claims of environmental damage resulting from the use of such effluent on the property. VII. Contingencies. This transaction is subject to the fulfillment of the following contingencies: A. Purchase by the City of the Loegel property. B. A written agreement in a form mutually satisfactory to Jackson County, City, and the Billings Family with respect to the use and development of the County's property adjacent to Bear Creek. C. Execution of a written lease agreement in a form mutually satisfactory to the City and the Billings Family, with basic terms as set forth in this letter of intent. D. Consultation with the Billings Family's on the schematic plans for the design of the golf course and location of the driving range, club house and restaurant and other amenities associated with the course. For those portions of the golf course within the immediate vicinity of the 15. acre parcel owned by the Billings Family in the Ashland City limits, the parcel of approximately 5 acres surrounding the Billings Family homestead, and any of the frontage property determined by the architect not to be necessary for the course as provided in paragraph III above the Billings Family shall have the right to approve the design of the course as it relates to aesthetics and hazardous conditions for these parcels. Such approval by the Billings Family, however, shall not be unreasonably withheld. The schematic plan shall provide for the continued delivery of irrigation, electrical power, sewer, and water facilities to those portions of the Billings property retained by the Billings Family. Nothing in this paragraph shall require City to PAGE 6-LETTER OF INTENT (p:pamv,iuing,.Ra) provide delivery of irrigation, power, sewer or water not now provided to the Billings property nor require irrigation to be provided to that portion of the Billings property within the City after such property receives subdivision plat approval and construction of the subdivision begins. Any irrigation continued to be provided shall be proportionate to the size of the property it serves compared to the size of the property leased by City. E. Issuance of all necessary land use permits for construq- tion of the golf course. The City may initially process this application as a conditional use permit under existing county zoning, but the City shall commit itself, as provided in paragraph IV, to file and process an urban growth boundary amendment and annexation for the entire property as well. F. Written confirmation from affected state agencies with jurisdiction that the proposed use of the water rights for the Billings property will not result in loss or abandonment of those water rights to the Billings Family. City shall take such steps as are necessary to ensure that the easements for delivery of the water from such water rights shall not be lost or abandoned. G. Confirmation, prior to use of effluent, from all affected agencies with jurisdiction that effluent may be used for irrigation. H. Environmental assessment of the property including wetlands inventory and other environmental, historical or archeological constraints. If such assessment indicates that a material portion of the property would not be available for course development, then City shall have no further obligation for development. I. Approval by Oregon Department of Transportation for adequate access from the state highway to the proposed development. J. Securing by the City .of the necessary financing commitments for construction of the golf course. VIII. Construction Schedule. The parties have agreed to pursue the following schedule for completion of this project: A. Execution of letter of intent. July 20, 1993. B. Completion of a mutually agreed upon definitive lease agreement. August 18, 1993 . C. Completion of all other conditions necessary before start of construction within 18 months of the completion of the lease agreement. PAGE 7-LETTER OF INTENT D. Completion of golf course, driving range, clubhouse, restaurant and related amenities within 2h years of commencement of construction. If not completed within such period of time, City shall commence paying the base rental as if the project were completed. The parties recognize that the above time schedule is subject to change and it represents only an approximate prediction of the timing with which the necessary tasks remaining for completion of this project will be performed. If the City shall have exercised due diligence to obtain the necessary governmental permits, authorizations and financing and such permits, authorizations and financing are not obtained within 48 months of the completion of the lease agreement then either party may terminate their efforts to secure completion of the project upon providing the other party with written notice. Until such termination, the Billings Family .agrees not to offer its property or assets to third parties or entertain offers from them, negotiate for the sale or 'lease of their property to third parties, or make information about the property available to third parties for purposes of sale or lease. Neither party shall issue any press release, advertisement, or public relations information regarding this project prior to the execution of a definitive lease agreement as provided for by this letter of intent. Nothing in this paragraph, however, shall prohibit the City from giving public notice and holding public hearings regarding this letter of intent and the proposed terms of a lease agreement. This letter sets forth the intent of the parties only, and is not binding on the parties, and may not be relied on as the basis for a contract of estoppel or the basis of a claim based on detrimental reliance or any other theory. The parties understand that no party shall be bound until the definitive lease agreement has been negotiated, executed, delivered and approved by the City Council of the City of Ashland and the Billings Family. It is the intent of the parties that this lease will be negotiated and entered into during the month of August, 1993 . Any .contingencies listed. in Section VII which have not been satisfied or waived within this period of time shall be incorporated into the lease. This agreement is personal to the parties and may not be assigned by any of parties without the express written consent of all other parties. By signing below, the parties indicate their agreement with the basic understandings set forth in this letter of intent and PAGE 8-LETTER OF INTENT (p:ueh,u,+ugs.rca) signify their intent to proceed in good faith substantially in the manner outlined in this letter. Dated this day of 1993 . "BILLINGS FAMILY" J n S. Billings Gladys//M. Billings rohn S. Bil4n , JL M ry E. me Timothy L. B 'ngs Virg' 'a M. Le is "CITY" Attest: Cathy Golden, Mayor Nan Franklin City Recorder PAGE 9-LETTER OF INTENT (p:P„e,naiing..rra) .d�OF ASI�i`••,� '•.04E00., August 13, 1993 D: Honorable Mayor and City Council rom: John McLaughlin, Planning Director e$Uhjtd.* Billings Golf Course Councilor Arnold has asked that the Planning Department prepare a brief study of some of the impacts of the proposed golf course. The issues raised to staff for examination are as follow: 1) Traffic impacts on the.Downtown/Siskiyou area 2) Possible development pressures on the properties surrounding the golf course site. 3) Possible economic effects within the City While an exhaustive research.project has not been carried out on these issues, some conclusions can be drawn based upon general assumptions regarding the development of this area for a golf course. Traffic Impacts Staff first examined the traffic generation as calculated by the Institute of Transportation Engineers (ITE), based on an 18-hole golf course. The average generation is 676 trips per day. The studies used to establish this average were based on a variety of golf courses, some with full restaurant and lounge facilities, others being very basic municipal courses. The proposed course for the Billings property would appear to fall within the "average" range for golf courses as defined by these studies. Staff feels comfortable that this number reasonably represents total trips by golfers, employees, and users of the proposed practice range. The location of the course tends to provide a "split access" to the site --either golfers will be entering from the north, southbound via I-5 at the Valley View Exit; or.from the south, via Highway 99 through Ashland, or northbound via I-5 and Valley View. From the golf course marketing study, it was stated that the service area for this golf course would have a population of 96,245. Leaving room for error, Staff assumed that the Ashland (south valley) portion of that population, including tourists, would be approximately 35,000. Therefore, the "southern component" of the traffic generation to the golf course would be 36%. Therefore, the number of auto trips to site from the south will be approximately 36% of 676, or 243 trips. Given the configuration of Ashland, it is unlikely that all of those trips will pass though downtown Ashland, or on Siskiyou Boulevard. A certain percentage of trips, such as those generated from the motels near the south freeway interchange, will use the freeway as the most direct route to the course, as will county residents and Ashlanders living in the southern portion of the City. Further, other residential areas at the northern end of Ashland will not have to go through the downtown, and neither will other residents who are able to use Hersey Street. However, Staff chose to err on the conservative side, estimating that 90% of all trips generated by Ashland area golfers will go through the downtown area. This results in the addition of approximately 220 additional trips to our downtown streets. With a 50/50 split of those trips going north and south, approximately 110 trips will be added to East Main and 110 to Lithia Way. Current traffic counts in these areas are 13,000 trips/day for East Main Street, and 13,300 trips per day for Lithia Way. Siskiyou Boulevard has approximately 22,700 trips per day near Liberty Street. By this conservative analysis, the additional traffic generated by this use would be less than 1% of the current traffic volume. Another point regarding traffic associated with a golf course involves peak hours. In general, the traffic is well dispersed throughout the day. As opposed to a theatre or restaurant that has definite peak demand times, a golf course, by its operation, can only handle a certain amount of traffic in any one hour. Therefore, the impacts are further reduced when compared to most other uses. It is my opinion that the impacts on the downtown, or other arterial streets within the City, are minimal. As the process for the golf course moves forward, the City will be required to obtain Conditional Use Permit approval from Jackson County for location of a golf course on EFU zoned lands. As part of that application, the City will be preparing a traffic analysis of the site, which will involve possible improvements to the immediate area near the golf course, and an analysis of turning movements, etc... No attempt to estimate those types of traffic impacts were carried out as part of this work. Development Pressures A concern has been raised regarding the possible development pressures on surrounding lands once the golf course is developed. In other communities, especially in other states, this is a very common situation. However, there are two key issues that differentiate this proposal from others: there is no housing proposed as part of this development, either on the Billings property or on other surrounding county properties; and the Oregon system of urban growth boundaries precludes urban development beyond our boundary. The attached map shows the golf course area in relation to the City and its urban growth boundary. As it shows, there is very little land that is desirable for development surrounding the course, excepting for a small portion to the northwest of the proposed site. At present, there are approximately 15 acres of land within the city limits owned by Mr. Billings that is presently zoned R-1-5. It is likely that the pressures to develop this land will increase, but it is already within the City, and zoned for development at approximately 65-70 homes. This area will abut the golf course for a relatively short distance. i l G The Billings property was identified in the City's Open Space plan as a greenbelt area. The Comprehensive Plan states the following regarding greenbelts: "In addition to land in Ashland, the plan calls for acquiring land development rights on properties outside the Urban Growth Boundary currently zoned for exclusive farm use. These parcels, while currently protected from development, are subject to changes in state and county land use laws. The City plans to acquire either the properties in their entirety or to acquire conservation easements on the parcels to insure that future development does not threaten Ashland's compact city form. Allowable uses could be either to simply continue the agricultural uses on the property or a recreational use that is compatible with the greenbelt ideal, such as a golf course. . Other surrounding properties are already developed, such as Quiet Village within the City, or rural lands in the County. At present, the City cannot justify the expansion of our urban growth boundary to allow for additional residential properties, and this is not an area which we would encourage any sort of high density commercial development. Further, a recent Court of Appeals decision involving the City of Woodburn and Marion County further reinforces that an urban growth boundary cannot be expanded without a clear showing of need. It is my opinion that the urban growth boundary will restrict the surrounding areas from further development, and that the confined nature of the area precludes any large scale development in the long run. Further, the Comprehensive Plan has already identified this area as a greenbelt and provides the guidance for future City actions regarding this land. Economic Effects No definitive analysis was done regarding the economic impacts of a golf course at this location. However, the Ashland Comprehensive Plan states the following: "Ashland has a large number of visitors every year. Some of these ar tourists, but not all. Visitors include tourists, persons attending conventions held in the City, business travelers here on business activity, persons visiting relatives, and travelers simply spending the night before heading on their way. The tourist industry, therefore, may concentrate on the tourist as many people assume they are, but also serve the other visitors in varying degrees. " "Actual tourist activity will depend equally on what is done in Ashland to attract and accommodate tourists. Inevitably, programs implemented successfully to maintain the local quality of life will also attract tourists, but independent of policies designed for the benefit of residents, the city's community and government can act both to promote tourist , and to maintain adequate city services and resources. Projects such a the proposed Pack Institute of Natural Sciences or "off-Shakespeare" theatre productions will go a long way toward supplying the tourist attraction required to meet the projected demand. " "The City should encourage those tourism-related facilities that increase the variety 01 services offered and wages paid, such as new theatres and scientific exhibits. The City should accommodate new hotel rooms sufficient to allow tourists whose primary destination is Ashland to stay in the City limits. " In my opinion, the golf course, in and of itself, will not be a primary draw for tourists to come to Ashland. The primary tourist draws will continue to be Shakespeare, Lithia Park, the Downtown, and the surrounding Southern Oregon region. However, the golf course will be a part of the "equation" for serving certain tourism needs. But I do not believe that there will be a dramatic increase in visitors in the peak season due to the presence of an 18-hole municipal golf course. But the addition of this facility could assist in the promotion of the Ashland area for small conventions in the "shoulder" seasons. It has been stated in the past.that by lacking a nearby 18-hole course, Ashland has missed out on being considered as a site for several small conventions. Conventions and meetings are not generally held during the peak summer months, but rather during the remainder of the year. The addition of the course could conceivably help bolster our "off-season", resulting in a stronger overall economy for the City. r - i ��� ���`Qo o♦ 11 � o • o,. oe �• �oo�c�/ ll Q `♦� o � V A0��6`j I �,\ �o. � q°v♦♦�1,1 ���e�o� ill ee on�c acv �� � �► ��ll /ceeo°eoFacoo�"?i e • v9�a ,� , vs � Jdnv Vp pE , f/ Q0000,,.`i4OO�1F.O � ° v00 J� no Q074 �� � .� ft.]'IR ILI Pll �e �a e� nCCINS Z;;xll�1E+• o •�. Dean B.Davlscourt Agen(/Registered Represernatme OM THE T ARTF EQTTIvIT BLE 1086 OLD HIGHWAY 99 SOUTH —£_— OAK KNOLL MEN'S CLUB -July 20 , 1993 Mr. Brian Almquist Members of the City Council of Ashland We, the officers and Board of Directors of the Oak Knoll Men' s Club wish to inform you of our support and encouragement in your quest to lease the Billing' s property for the purpose of constructing an eighteen hole golf course. We feel that we represent the feelings of the vast majority of our approximately two hundred and thirty five members , sixty percent of whom have an Ashland address, however this letter does not represent a vote of the membership. We do have a membership meeting scheduled for August 12 , and will place this topic on the agenda for further action. It is obvious to us and many of the other golfers at Oak Knoll that this city desperately needs an eighteen hole golf course . Play is extremely heavy at Oak Knoll almost the entire year. Tee times are difficult to secure and play is very slow during much of the time . An eighteen hole round of golf currently takes between five and five and a half hours to complete and six hour rounds are not unheard of during the summer months . Often tourists are turned away from Oak Knoll because they had not secured a tee time . Oak Knoll is overflowing with golfers and the Billings Ranch course is an extremely attractive prospect. We believe the developement of the Billing' s Ranch into a golf course would be a fine enhancement to Ashland. It would make a beautiful entrance to the city as well as add to the amenities of Ashland. It would be attractive to many future people looking to live in Ashland as well as support the economic development of the community. The addition of an eighteen hole golf course adds a needed dimension to the city that many. golfing people find missing. Ashland has probably the best year around weather for golfing in the State of Oregon and an eighteen hole golf course certainly would add to the off season quest for attracting tourists. We wish to thank the people responsible . for the planning that has occured and urge your continued support in the acquisition of the Billing' s Ranch property for an eighteen hole golf course in Ashland. If we can be of any assistance to you please feel free to call on us. Sincerely Oak Knoll Men' s Club Board of Directors Kent Provost, President Gene Gall, Vice President Gene Nanammey, Vice President Buddy Grove , Handicap Chair Dean Daviscourt, Past president r Bob jDavidson, Sec/Treasure Submitted by Bob Davidson VA A F i all Pl-/, 712o�g3 MEMORANDUM TOM SKINNER 447- fr(Drsq-c( 6-o �-�' C© use E 0 �s� �� f-�c e qFp-.7oy2- /�sGrl���(` �� <7 7-5-2 4 9- just a note . . . ao Coldwell Banker Barbara Allen Real Estate S1 a 2262 Ashland St., Ashland Bob Fisher �S?° Sales Associate Office: 503/482-5590 Fax: 503'/488-0872 JOHN W. NICHOLSON 1575 GREENMEADOWS WAY ASHLAND.OREGON 97520 July 19, 1993 Mr. Paul Nolte, City Attorney City of Ashland City Hall Ashland, Oregon 97520 Dear Paul : Thank you very much for the draft "Letter of Intent" regarding the proposed lease of the Billings Property to the City of Ashland for golf course purposes. My comments to the Mayor and Members of the City Coun- cil on that draft "Letter of Intent" are enclosed for your information. I will not be able to attend the Council Meeting on July 20th; however, I will ask another party to present my comments and have them become part of the public record of the meeting. Sincerely yours, JOHN W. NICHOLSON 1575 GREENMEADOWS WAY July 19, 1993 ASHLAND,OREGON 97520 To the Mayor and City Council City of Ashland, Oregon Re: Proposed Lease of Billings Property for A Golf Course The City 's 1993 Capital Improvements Plan (CIP) estimates that $ 4 million will be spent on the design and construction of the Bil- lings property golf course. Financing with 7% revenue bonds is plan- ned; total principal and interest payments are projected at $ 7, 560,000. Capital costs for equipment, golf carts, and furnishings are not in the CIP nor in the $ 7,560,000 figure. " In view of Ashland 's needs for sewage disposal facilities, for an expanded water distribution system, and for other infrastructure improvements, public money should not be spent on the golf course, even though most of that money would come from revenue bonds that are expected to be paid off with user fees. Money poured into the golf course is not going to be available for more important programs. Will the electorate support the financing for the proposed golf course? A petition signed by not less than 5% of Ashland 's electorate can force revenue bonds to a vote. Wouldn 't it be politic for the City to submit the bond issue to the voters before concluding lease arrangements for the golf course? Furthermore, most public golf courses (perhaps 90% of them per the Wall Street Journal) lose money. Why invest public money in a golf course whose chances of success are dubious? The City should be divesting itself of loss operations, not taking on a golf course with strong loss potentials . Specific comments on the. letter of intent that is under consider- ation follow: Page 2 Section III(A) Land Lease Term - The City should have an option to purchase the property at fair market value at any time during the term of the lease and subsequent renewals. A "right of first refusal" does not protect the public interest. Pages 3 and 6 Sections III(B) and VI COLA Provisions - The, provisions for adjustments to rentals and water rights payments based on the Consumers Price Index for Portland, Oregon are not in the public interest and should be deleted . The Billings family is getting inflation protection from the "percentage of gross receipts" provision in the proposed lease. The COLA pro- visions unfairly augments that protection. Page 5 Section III (G) (3) Mineral Rights - The Billings family' s reservation of all mineral , oil, gas, and geothermal rights is �g..h... not n the public interest and should be deleted thou `.bhe-,- - " : likelihood of commercial production based on such mineral " rights is remote. Paae 6 Section VI Irrigation and Water Bights - It' would appear that the Billings family intends to retain existing water rights . To make this lease a fair deal for the citizens of Ashland , the City should have an option to purchase those water rights at fair market value. Page 7 Section VII(J) Financing Commitments �- The contingencies should be expanded to include the potential necessity for get- ting voter approval on any revenue bonds to be issued as part of the financing. Pages 7 and 8 Section VIII(B) Completion of Lease - August 18, 1993 is too early a date for the completion of the lease. Time has to be allowed for public scrutiny of the definitive lease and public comment thereon. October not August should be the month that is targeted for final negotiations and signing of the lease. The golf business is for the private sector. The City should concentrate on its core services such as police protection, fire protection, and water and sewer services. The City should not be dissipating administrative and legislative time on the golf business. Nor should it be providing subsidies to golf operations either di- rectly or indirectly. Sincerely yours, John W. Nicholson Raising Revenuegm VIR rar forsthe Course he nation's golf course industry currently is experiencing tremendous growth to keep pace with the public's seem- ingly endless fascination with the game. In fact, the Na- tional Golf Foundation claims that a golf course should be developed each day until the year 2000 to meet rising consumer demand. - Weighing the Risks Make no mistake. The golf course business can be expen- sive. Most golf facilities cost from $3 to $6 million to de- velop, with higher quality courses costing upwards of$10 ........... ........................................................ million. Debt service alone on investments of that size can jr% ®� a®� ��� create cash flow problems for many local governments. �r Courses also are labor intensive and can require a mini- .......... ....................................................... mum of 145 employees for pro shop staff, maintenance _ Can be crew,management,and food and beverage personnel. °••••••^ •••••••••••••••••••••^••••••••••••••••••••••••••°^•• On the revenue side of the equation,golf courses oiler- . Revenue ate on what is known as a short space-time unit.Much like ......... ........................... the hotel industry,golfers who play at daily fee or munici- ."%ources pal courses only rent the facility for a day as opposed to an apartment or office suite that can provide long-term, ....... ....................................................... consistent, and accountable income levels. As a result, Laurence Hirsh golf course revenues can fluctuate for any number of rea- sons, including seasonal and cyclical concerns. Perhaps most frustrating of all,mother nature can play a significant role in the financial success of a golf course. In addition to impacting daily revenues, severe weather Public Management 15 FIGURE 7 a hypothetical stabilized comparison of cash flow is shown in Figure 1. Comparing Investments for Golf Course Developments To further brighten the financial picture for local. governments, Taxable Tax Free today's golf courses frequently are Financing 11 Percent Interest Rate 6.5 Percent Interest Race developed with complete recre- Gross Income $1,400,000 $1,400,000 ational facilities that can include Expenses $ 840,000 $ 840,000 swimming pools, tennis courts, and Operating Income $ 560,000 $ 560,000 parks that can generate additional Debt Service $ 588,000 $ 405,124 revenues. Cash Flow $ (28,000) $ 154,875 For the purposes of this discussion,each scenario assumes a25-year amortization for Going for the Green 100 percent of the project cost. There is no question that public golf courses can make money. They also conditions also may cause damage to which includes land acquisition. If are good neighbors and even can be. the course and increase maintenance this facility generates 40,000 rounds Politically desirable additions to the expenditures. per year with,a total average expendi- community. Above all, public golf Finally, some local governments ture per round of $35 (including courses provide an excellent recre- may question the wisdom of devoting green fee, cart, food and beverage, ational amenity and financial asset to the right community. substantial land and management re- and pro shop), the course will pro- sources for a game that is played by duce $1.4 million in annual rev- But golf course development is not approximately 10 percent of the na- enues. Assuming operating expenses well advise pitfalls.Communities are tion's population. of 60 percent ($840,000), the facil- well advised to do their homework in ity's net operating income would be the form of thorough market re- •$560,000. search and a feasibility analysis to en- Golf as a Money Maker By financing the project with tax- sure that the market is right and the Despite the risks, a well planned and free bonds,municipalities can receive project well planned and managed. In the end, a properly designed managed golf course can generate a interest rates four to six percent golf course development repre- healthy return on investment for below traditional taxable sources. sents an appealing—and potentially budget conscious administrators. The lower interest rates greatly re- profitable—land development What is more, municipal courses duce the projects debt service re- alternative. enjoy,significant financial advantages quirements and can mean the differ- over private developments. For ex- ence between showing a profit and Laurence Hirsh, MAI, is president of ample,a typical daily fee golf course, running a deficit. To better illustrate Hirsh Valuation Group, Harrisburg, clubhouse, and maintenance facility the benefits of tax free municipal in- Pennsylvania, and president of the Soci- can. be developed for $5 million, vesting for golf course developments, ety of Golf Appraisers. DON'T NAME ADDRESS MAKEA CITY STATE/PROVINCE ZIP/POSTCODE MOVE . . . WITHOUT SEND THIS FORM AND THE ADDRESS LABEL TO: US ! . DMA AITN:Member Services p° Suits 500 r 777 North Capitol Street,NE Q Washington,OC 200024201 lG June 1993 a Arm a ran dunt OREGON August 12, 1993 Brian Almquist, City Administrator r rQltt: Steven Hall, Public Works Director Facilities Plan ACTION REQUESTED 1. City Council agree with offer of State agencies to discuss a basin-wide approach to resolving all of the issues in relation to Bear Creek. 2. City Council continue public hearing until September 7, 1993 for receipt of wetlands option report from Woodward-Clyde Consultants. BACKGROUND City Council received letter from Anne Squier of the Governor's office offering to work with the City of Ashland and other affected agencies to explore a basin-wide'concept. This is something I had hoped for for a long time and it looks like it has finally come to fruition. Rob Winthrop,.Klaas Van De Pol, Greg Williams and I will be meeting with John Holroyd of Brown and Caldwell, John Davis of Woodward-Clyde and Bob Gearheart of Hydro- Resources (subconsultant to Woodward-Clyde) to hopefully resolve ail issues relating to the overall facilities plan, but with a specific emphasis on the wetlands options. OTHER INFORMATION I received a call from Neil Mullane of DEQ on Wednesday requesting the City of Ashland to host a meeting with state officials on Wednesday, September 29, 1993 at 7:00 p.m. at the Council Chambers. I will be talking to Dick Nichols about a possible agenda on Monday for this September meeting. At this point in time, I can only assume that this is the "kickoff" meeting for the discussion of a basin-wide strategy for Bear Creek. Other agencies will be attending including RVCOG, TID, City of Medford, etc. t Facilities Plan August 12, 1993 page 2 The Directors of all major agencies will be in attendance with others of their staff including: Anne Squier, Governor's Office Fred Hansen, Oregon Department of Environmental Quality Randy Fisher, Oregon Department of Fish and Wildlife Martha Pagel, Oregon Water Resources Bruce Andrews, Oregon Department of Agriculture sMH:nn\Sewe6WtlndsWA ncyMtg.mnn cc: Marc Prevost, RVCOG Gary Schrodt, Ashland Wetlands Coalition encl: Squier Letter • OF BARBARA ROBERTS _�_ GOVERNOR - •,`� F : . 1 IJ ...,......................" . OFFICE OF THE GOVERNOR STATE CAPITOL SALEM, OREGON 97310-0370 TELEPHONE: (503) 378-3111 July 30, 1993 Mr. Steve Hall Public Works Director City of Ashland Ashland, Oregon 97520 Dear Mr. Hall : This letter is to confirm the phone conversation that I, Fred Hansen, Mike Downs and Neil Mullane had with you, Brian Almquist, and Rob Winthrop on Wednesday morning July 14, 1993 . The purpose of that call was to relate to you the discussion I had just had' earlier on Wednesday morning with the state agency directors including: Randy Fisher (ODFW) , Bruce Andrews (ODOA) , Fred Hansen (ODEQ) and Martha Pagel (OWRD) regarding the water quality and quantity situation in Bear Creek. I described to you the main points of that discussion and what I felt was important to the decisions that the City of Ashland needs to make. Before I describe the phone conversation, however, let me state that I am sorry that the timing of this issue with the current legislative session has made it impossible for me and the state agency directors, as a group, to travel to Ashland. I do greatly appreciate the time the city has spent on this project and the effort you and City Councilman Winthrop made to meet with me in Salem last month. It is my firm belief that we have an opportunity here, that we do not always get, to work co- operatively with local jurisdictions to address both a water quality as well as a water quantity issue. I believe it is very important that we develop and implement a long term lasting strategy for the basin as a whole. Bruce Andrews just returned from a visit to the basin a few weeks ago and he was struck by the tremendous development which has taken place in just the last few years. He is convinced that any solution which does not take the overall water management needs of the basin into consideration will be very short term. Page 3 Ashland is at a point where it must decide how it will spend considerable public resources to address its contributions to the water quality problems in Bear Creek. The Environmental Quality Commission has issued a Stipulation and Final Order to Ashland to identify the compliance schedule. It is possible for Ashland to work alone and select a solution that will meet the water quality standards in Bear Creek. As we discussed on the phone, however, a solution selected in isolation without the benefit of a more basin-wide evaluation may not be the most advantageous solution for the basin as a whole. We feel a longer term solution involves the exchange of treated wastewater from currently contracted irrigation water from the reservoir system. This judgement is focused on our ability to subsequently release water down through Bear Creek to provide a target minimum flow of 10cfs. The City has stressed on several occasions that maintaining flow in Bear Creek is very important. During our phone conversation I described how the Oregon Department of Fish and Wildlife feels that a 10 cfs flow is needed in the stream during low flow periods to provide fish habitat and protect aquatic communities. The sewage treatment plant discharges approximately 2 .7 cfs. The state does not believe that a city discharge to Bear Creek necessarily assures that the flow will be available in the creek to the mouth. Current water rights holders below Ashland could remove the effluent long before the mouth of Bear Creek. Therefore, to gain the most we can for Bear Creek we need to look at flow maintenance/enhancement options that provide the target minimum flow of 10 cfs throughout the stream and protected it from further out-of-stream appropriation. This type of basin approach may include among other things, nonpoint source controls, riparian area restoration, and treated effluent/irrigation water trades not only for the City of Ashland but for Medford as well. The state believes that solutions which provide protected stream flow which can be protected to the mouth are very favorable solutions. We asked the City to work with us and others to put a basic water quality/water quantity strategy together for the basin. This will obviously take more time than currently contained in the EQC Stipulation and Final Order. During the phone call Fred Hansen stated that he would look favorably on an extension for this purpose. If the final selected option subsequently takes longer than the compliance schedule in the Administrative Rules, the Department of Environmental Quality would need to make a request to the EQC for a rule modification to appropriately extend the .current deadline. Memorandum ' ,pRE6p�, August 12, 1993 Brian Almyuist, City Administrator rum: Steven Hall, Public Works Director 1t�IjPCf: Odor Problem Review - WWTP Between my health problems and being out of town the remainder of this week, I will not be able to put together any information until next week. It will be at your council seat Tuesday night. If it is available prior to that time, Rhonda will contact you individually. SMH:fmkScwc A0dorW Vr1T.m= of AS& . ' REG', June 30, 1993 Honorable Mayor and City Council PIIIIt: Brian L. Almquist, City Administra®r - Sale of Surplus Real Property As you are aware,the City has been contacted by the owner of Wingspread Mobile Park concerning the acquisition of a 100'wide strip of land between the Park and the SPRR,containing about 1.6 acres. This land was originally intended for a street,but the construction of the Highway 66 overpass now precludes the street. State law requires that before any land is sold that a public hearing be held and that the public be notified of the reasons for the disposal of the land, its intended use, and its approximate value. An appraisal was obtained from Duane Venekamp,a licensed appraiser indicating a minimum value of $9,000 as a land-locked parcel or$16,000 if it had access. The owner of Wingspread has indicated an interest.in bidding on the property. If after the public hearing,there are no obligations to the sale,permission is hereby requested to call for sealed bids on the disposal of the property with a minimum bid of $9,000. (d:%rian\wngsprd.M=,) City Attorney City of Ashland (503) 482-3211, Ext. 59 MEMORANDUM July 15, 1993 TO: Mayor and City Council FROM: Y-- Paul Nolte SUBJECT: Wingspread Mobile Exchange of Property The sale of city property to Wingspread is controlled by ORS 221.725, where a public hearing and disclosure of value are required. This process was initiated at the last council meeting. The question of exchange of property came up (exchange for a strip along Clay Street for pedestrian travel). This exchange of city property is controlled by ORS 271.310, .340, and .350. No public hearing is required; however, the value of the two properties must be equal, or the value plus cash must be equal. Appraisers must be utilized with the cost of the appraisals to be split between the parties. Is AocunciRwingsprd.mem) st EXPLANATORY STATEMENT Origin and purpose of tax. This measure repeals a 5% tax on prepared food and beverages sold in restaurants or sold in grocery stores and bakeries for immediate consumption. The tax is paid by the customer and collected by the restaurant or business. The tax was adopted by a vote of the people in March, .1993, and became effective July 1, 1993. The tax is required to be used for the purchase of open space and park lands for the city (one percent) and for improvement to the city's sewage treatment methods mandated by the State of Oregon Department of Environmental Quality (four percent). n Open Space Park Program. In 1990 the people of Ashland voted to amend the city charter to create the Open Space Park Program. The charter amendment provides for the Park Commission to recommend priorities to the City Council for the purchase of park land. The Park Commission made such recommendations and in 1991 the City Council adopted a comprehensive plan which identified certain parcels for purchase and development. Two prior funding methods to fund the Open Space Park Program by increasing business license taxes, hotel-motel taxes and increasing the utility tax 'have been submitted to the voters and defeated. Requirements for sewage treatment upgrade. In 1991 the Department of Environment Quality ordered the city to,develop and implement a plan to greatly reduce the amount I of phosphates and ammonia being released into Bear Creek as a result of the City's jsewage treatment methods. The city council is currently considering various alternatives including wetlands, sewer plant upgrade and conveyance to Medford through the Bear Creek Valley Sanitary Authority sewer lines. Costs for these alternatives are estimated to be between $15 million and $22 million depending on the alternative. Funding for the required improvements, if funded solely from an increase in monthly sewer rates, could add $13 to $19 to each residential bill within the city. It is estimated that this tax would offset the projected increase in a residential bill by $8 per month. ' Effect of repeal. Two properties have been purchased or are in the process of being purchased for parks and open space which are to be paid for from the tax. The city will be required to find other sources of revenue to pay for these properties and for r other parcels to be purchased under the Open Space Park Program. There will be no funding from this tax for park acquisition or for sewage treatment. If the tax is repealed, restaurant customers and purchasers of prepared food for immediate consumption from grocery stores and bakeries will not have to pay the tax. j (p:ord\tax-f&h 2.axp) t EXHIBIT A BALLOT TITLE CAPTION: "Reduces Food and Beverage Tax If State Sales Tax Adopted" QUESTION: "If state sales tax is adopted, shall food and beverage tax be reduced 4% eliminating sewage treatment funds?" EXPLANATION: "The food and beverage fax adopted by the voters last March is currehtly 5%. The tax is on food and beverages sold in restaurants and other similar facilities. The tax is used to purchase future parkland and for state mandated sewage treatment methods. A yes vote reduces this tax to 1% and eliminates funding from this tax for sewage treatment methods. This is a competing measure to the measure to repeal the food and beverage tax. Whichever measure receives the most affirmative votes will prevail." �i ;I RESOLUTION NO. A RESOLUTION REFERRING TO THE VOTERS OF THE CITY OF ASHLAND A COMPETING MEASURE TO THE INITIATED MEASURE TO REPEAL THE FOOD AND BEVERAGE.TAX. THE MAYOR AND CITY COUNCIL OF THE CITY OF ASHLAND RESOLVE AS FOLLOWS: SECTION 1. An election is called to be held in the City of Ashland, Oregon, on November 2, 1993, at which election there shall be referred to the voters for their adoption or rejection, the attached ordinance entitled "AN ORDINANCE REDUCING THE FOOD AND BEVERAGE TAX TO ONE PERCENT UPON THE OPERATIVE DATE OF THE STATE SALES AND USE TAX." SECTION 2. The ballot title for this measure is as set forth on the attached Exhibit A. SECTION 3. As provided in ORS 250.325, this measure is a competing measure to the initiated measure to repeal the food and beverage tax. SECTION 4. The City Recorder is directed to give notice of this election as provided in the laws of the State of Oregon and the charter and ordinances of the City of Ashland. The foregoing resolution was READ and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland on the day of 1993. Nan E. Franklin, City Recorder SIGNED and APPROVED this _ day of 1993. Catherine M. Golden, Mayor Reviewed as to form: Paul Nolte, City Attorney (P:ord\tax-f&6.amd) I ORDINANCE NO. AN ORDINANCE REDUCING THE FOOD AND BEVERAGE TAX TO ONE PERCENT UPON THE.OPERATIVE DATE OF THE STATE SALES AND USE TAX ANNOTATED TO SHOW DELETIONS AND ADDITIONS. DELETIONS ARE LINED-T-HROUGH AND ADDITIONS ARE S( ADED. FOOTNOTES ARE EXPLANATORY ONLY AND NOT PART OF THE ORDINANCE. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. On the date the state sales and use tax (House Bill 2500, 67th Oregon Legislative Assembly, 1993 Regular Session) becomes operative, Section 4.34.020.D of the Ashland Municipal Code is deleted.' SECTION 2. On the date the state sales and use tax (House Bill 2500, 67th Oregon Legislative Assembly, 1993 Regular Session) becomes operative, Resolution 93-5 adopted May 4, 1993 by the Ashland City Council is repealed.2 SECTION 3. If this ordinance is adopted by a vote of the people at the November 2, AMC S 4 . 34 . 020.D now provides: "The council may increase the rate of the tax described in subsection 4 . 34 . 020.A up to a maximum of five percent after a public hearing. Notice of the hearing shall be given by publication in a newspaper of general circulation in the City at least 10 days prior to the .date of the public hearing. Notwithstanding subsection 4. 34 . 020.C, taxes collected by the City as a result of any increased rate under this subsection shall be used for the purpose of researching, designing and constructing State of Oregon mandated sewage treatment methods, 'which may include, but not be limited to, wetlands. " ' Resolution 93-5 raised the tax from 1% to 5% and read in its entirety: "Pursuant to Ashland Municipal Code Section 4. 34 . 020.D and after public hearing held on May 4 , 1993 , the tax imposed by Section 4 . 34 .020 shall be imposed at the rate of .five percent effective July 1, 1993 . " ti I. 1993 election and the measure to repeal Ashland Municipal Code Chapter 4.34 voted on at the same election is also adopted, then the measure receiving more affirmative votes shall be effective. The measure receiving fewer affirmative votes shall be of no effect. 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 Approved as to form: Paul Nolte, City Attorney (p:ord\tax-f&b.amd� i ORDINANCE NO. AN ORDINANCE AMENDING ASHLAND MUNICIPAL CODE § 10.68.180 TO PROHIBIT NOISE FROM DRUMS OR SOUND AMPLIFIERS WITHIN PARKS AND PROVIDING EXCEPTIONS. ANNOTATED TO SHOW DELETIONS AND ADDITIONS. DELETIONS ARE AND ADDITIONS ARE SHADED. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 10.68.180 of the Ashland Municipal Code is amended to read: "10.68.180 Whistles, drums and sound',amphfiers prohibited. Visitors shall not sound whistles, dru d amp:3ifier wRf� a musical instrurnenf in any of the parks. t'rovided however that the srsuntlrng of whistles, drufts or other percussron rrrs>rumentsas apart of an euent autficrr�zed by tie Park Commission shalt;trot 6e prohibltec Proviclecl; alsoihat upon applicetron to the Park COmmrssion the omrrtlssan may gran.[ perrrilts #gr tfe use of�r�und attlptlfrers for speetai euer}ts 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 Approved as to form: Paul Nolte, City Attorney PAGE 1-ANNOTATED ORDINANCE i,:.,ftk.d„.m.ano) V OF�N �- 'MPniarandnm �REGO August 9, 199:. Brian A1=,quist, City Administrator rum: Steven P,�I, Public Works Directors`'` ,$ubjP& Airport F_.s ACTION REOUESTED City Council adopt the arched,resolution amending the Ian_ rental fees for 6 individual hangar; now under construction. BACKGROUND In the rental fee resolutio- adopted by the City Council at the August 3, 1993 -neeting. 1 had im-rted incorrec. information on _a inflation factor for the land rer.:als for individual --angars. The fee negotiate,; with the lessee. is based on one-half the Portianc Consumer Prue Ldex per dear. Th_ detailed eudine of that is ::?ntained within the leases. Staff rec?mmends approv_. cc: Fam Barlow, AdLnistrative Assistant =.irpoit Commisc;:.a Eob Skinner, Skir_er Aviation encl: Fee Resolution Resolution 93-34 RESOLUTION NO. 93- A RESOLUTION ESTABLISHING RATES FOR T-HANGARS, TIE DOWN SPACES, INDIVIDUAL HANGAR LAND LEASES AND RESERVATION DEPOSITS AND REPEALING RESOLUTION ?3-34. THE CITY OF .ASHLAND RESOLVES AS FOLLOWS: SECTION L Tae following rentL,'lease rates are established for fa_ilities at the Ashla=d Municipal Airport: A. T-h,�agars with doors $115.00 per month B. T-hLngars without doo:s 5100.00 per month C. Tieb)wn space $ 24.00 per month D. Tie�,:)wn space $ 3.00 per overnight E. Indi,.'dual land lease $ 20.00 per month (See E xhibit A) SECTION 2. T rates in section I.A. through 1.D will be increas-1 annually on Jul\ I based on he Engineering News Record Conztruction Cost Index (ENR). The initial ENR is established as 4927 or LA through ..D. The annual rate increase for 1.E. is as established within the indi.idual leases. SECTION 3. T:e following hanger reservation fee s established for any person or business prior to -lacing the name on the hangar reservation list. A. Hangar reservation fee S 10.00 B. F,_fund if request made to r_move name from reservation list S 35.00 C. F T-hangar rented. amount of refun to be applied to first month rental fee. S 45.00 SECTION 4. Classification of the fee. The fees spc:ified in Sections 1 and 3 of this re>:)Iution are :lassified as not subject to the limit of Section l lb of Article X1 of the Oregon Constit_tion (Ballot Measure 5). SECTION 5. The rates in sections I.A. through 1.D were in effect July 1. 1992. The ether rates %%ere in effect At:zust 4. 1993. The foregoins resolution was READ and DULY ADOPTED at a re_-ular meeting of the City Council of the City of A�aand on the 17th day of August, 1993. Nan E. Franklin. City Recorder SIGNED and APPROVED this _ day of August. 993. Catherine 1`1. Golden, Mayor PAGE 2-FIRST .zDDENDUM TO LEASE BARBARA ROBERTS �' GOVERNOR AUG 0 i 1993 OFFICE OF THE GOVERNOR STATE CAPITOL o SALEM, OREGON 97310-0370 TELEPHONE: (503) 378-3111 July 30, 1993 Mr. Steve Hall Public Works Director City of Ashland Ashland, Oregon 97520 Dear Mr. Hall: This letter is to confirm the phone conversation that I, Fred Hansen, Mike Downs and Neil Mullane had with you, Brian Almquist, and Rob Winthrop on Wednesday morning July 14, 1993 . The purpose of that call was to relate to you the discussion I had just had earlier on Wednesday morning with the state agency directors including: Randy Fisher (ODFW) , Bruce Andrews (ODOA) , Fred Hansen (ODEQ) and Martha Pagel (OWRD) regarding the water quality and quantity situation in Bear Creek. . I described to you the main points of that discussion and what I felt was important to the decisions that the City of Ashland needs to make. Before I describe the phone conversation, however, let me state that I am sorry that the timing of this issue with the current legislative session has made it impossible for me and the state agency directors, as a group, to travel to Ashland. I do greatly appreciate the time the city has spent on this project and the effort you and City Councilman Winthrop made to meet with me in Salem last month. It is my firm belief that we .have an opportuhity. here, that we do not always get, to work co- operatively with local jurisdictions to address both a water quality as well as a water quantity issue. I believe it is very important that we develop and implement a long term lasting strategy for the basin as a whole. Bruce Andrews just returned from a visit to the basin a few weeks ago and he was struck by the tremendous development which has taken place in just the last few years. He is convinced that any solution which does not take the overall water management needs of the basin into consideration will be very short term. 1 - Page. 2 At the morning meeting with the state agency directors we identified and affirmed several key points: 1. In order to protect aquatic communities in Bear Creek a target minimum instream flow of 10 cfs needs to be. established. 2 . All instream water quality standards and criteria need to be achieved by any solution implemented. 3 . The development of a long term basin-wide water management strategy will most likely push the selection and construction of an Ashland wastewater treatment alternative past the current deadline in the City's Stipulation and Final Order. 4 . It is not often that we have an opportunity to examine and develop a comprehensive water quality and water quantity solution where there is a high potential for implementation. 5. The time must be now to, develop a basin-wide strategy. 6. The consideration of 'an `Ashland solution in isolation from a basin-wide discussion of management needs and alternatives may actually limit future benefits to Bear Creek and limit the effectiveness of Ashland's wastewater treatment alternative. 7 . Ashland's discharge of treated wastewater to Bear Creek to maintain flow does not guarantee that flow will be available at the mouth of Bear Creek. 8 . A considerable amount of public funds will be expended in the basin to address water quality and quantity issues and it is very important that a lasting solution be implemented. As I stated in our phone conversation, the state agency directors have decided to make this a priority watershed. The directors are very much interested in working with the local communities to develop an overall long term basin-wide solution to water management in Bear Creek. We have an immediate water quality concern in Bear Creek which is the result of both point and nonpoint source wastewater discharges and over-appropriation of water for out-of-stream uses. Ashland obviously is a major point source discharger to Bear Creek, but there are also nonpoint source dischargers adding waste load. The total maximum daily load program places requirements on both the nonpoint sources as. well as the point sources. l� Page 3 Ashland is at a point where it must decide how it will spend considerable public resources to address its contributions to the water quality problems in Bear Creek. The Environmental Quality Commission has issued a Stipulation and Final Order to Ashland to identify the compliance schedule. It is possible for Ashland to work alone and select a solution that will meet the water quality standards in Bear Creek. As we discussed on the phone, however, a solution selected in isolation without the benefit of a more basin-wide evaluation may not be the most advantageous solution for the basin as a whole. We feel a longer term solution involves the exchange of treated wastewater from currently contracted irrigation water from the reservoir system. This judgement is focused on our ability to subsequently release water down through Bear Creek to provide a target minimum flow of 10cfs. The City has stressed on several occasions that maintaining flow in Bdar Creek is very important. During our phone conversation I described how the Oregon Department of Fish and Wildlife feels that a 10 cfs flow is needed in the stream during low flow periods to provide fish habitat and protect aquatic communities. The sewage treatment plant discharges approximately 2 . 7 cfs. The state does not believe that a city discharge to Bear Creek necessarily assures that the flow will be available in the creek to the mouth. Current water rights holders below Ashland could remove the effluent long before the mouth of Bear Creek. Therefore, to .gain the most we can for Bear Creek we need to look at flow maintenance/enhancement options that provide the target minimum flow of 10 cfs throughout the stream and protected it from further out-of-stream appropriation. This type of basin approach may include among other things, nonpoint source controls, riparian area restoration, and treated effluent/irrigation water trades not only for the City of Ashland but for Medford as well . The state believes that solutions which provide protected stream flow which can be protected to the mouth are very favorable solutions. We asked the City to work with us and others to put a basic water quality/water quantity strategy together for the basin. This will obviously take more time than currently contained in the EQC Stipulation and Final Order. During the phone call Fred Hansen stated that he would look favorably on an extension for this purpose. If the final selected option subsequently takes longer than the compliance schedule in the Administrative Rules, the Department of Environmental Quality would need to make a request to the EQC for a rule modification to appropriately extend the current deadline. Page 4 I believe we need to scope out basin-wide options in short order. This should take .just a few months. After this the city would then proceed to select a treatment option. I should emphasize that the City of Ashland can submit a 'plan which will meet all water quality standards at any time. It is our strong belief, however, that we must take the time to examine the potential for a basin-wide approach because it may offer tremendous overall benefit. Our request for the City to work .with us on this does not predetermine the city's option. the extension of the SFO deadline is not contingent on the city accepting a predetermined option. It is for the purpose of exploring basin-wide options that not only address Ashland's wastewater control needs, but other water quality/quantity needs of the basin. Sincerel/y,, ) p Anne Squier Senior Policy Advisor for Natural Resources AS :NM:crw SA\WC11\WC11672 . 5 cc: Fred Hansen Randy Fisher Bruce Andrews Martha Pagel Councilman Winthrop Brian Almquist Mike Downs Neil Mullane • �oFA$jV, o � Qmarttrc � ixz�c '•.GREGO., ZAugust 17, 1993 �1 Q. Brian Almquist, City Administrator rOlt><: Steven Hall, Public Works Director �12�IjECf: WWTP Odor Report t ACTION REQUESTED If City Council desires, direct staff to: 1. pursue all, any or none of the suggested solutions to minimize the odor issues at the Ashland Wastewater Treatment Plant. 2. propose methods of financing improvements and fiscal impacts at September 7 Council meeting. 3. investigate possible lease/hold harmless issues with owners of existing DEQ approved fields for sludge disposal. BACKGROUND At the August 3, 1993 Council meeting, staff was directed to look into short, medium and long term options that would minimize the odor problems at the WWTP. DISCUSSION I will present the options recommended by Brown and Caldwell in the attached letter from John Holroyd. A summary of Brown and Caldwell's odor control options include: PRIORITY PROJECT COST TW Hb4vE #1 COVER HEADWORKS & $140,000 45MCNII-N INSTALL ODOR SCRUBBERS #1 COVER CHLORINE CHAMBERS* $3,000 3 MCNII-IS #2 AEROBIC DIGESTER** $110,000 3.NICNII-B #2 SLUDGE THICKENER $80,000 3 NKIVIIB #? COMPOSTING FACILITIES UNKNOWN LNKI 7dVN #3 3A ODOR CONTROL PROJECTS $5,000,000 3 YEARS * Assumes city employees install unit. ** With final improvements to the plant,this unit would be discarded because the aerobic digester would be covered and used for sludge storage. WWTP Odor Report August i7, 1993 page 2 Dennis Barnts will discuss operational changes that have been made at the WWTP. Dick Marshall will discuss the process used by the Oregon Department of Environmental Quality (DEQ) in evaluating sludge disposal sites and the sites currently approved by DEQ. REQUEST OF CITY ATTORNEY Paul Nolte was asked to research the possiblity of the city leasing property from individuals currently on the DEQ "Approved" list and the possibility of the city holding the property owners harmless from potential litigation. Paul hopes to have this information tonight. FINANCIAL DISCUSSION The carryover balance at June 30, 1993 is $326,128. The sewer fund expenditures exceeded revenues adjusted for the short term loan by $196,466 in fiscal year 1992-93. Included in the 1992-93 expenses is $416,000 for the digester roof. Any options for improvements other than the $3,000_cost will require a rate increase. Option number 3 has not been evaluated in the overall capital expenditure plan and will impact the ability to sell bonds for the overall waste water treatment plant. All options will require a budget amendment. The final disposition of the 4%.portion of the meals tax looks as though it is in jeopardy,and may not available as a resource for the WWTP project. The City has options available to fund the projects including general obligation bonds, revenue bonds and certificates of participation. The methods available for repaying the debt are property taxes and/or increased fees. Jill Turner has.estimated that a $1.00 increase per month in single family rates will produce about $100,000 in revenues to the city. Jill Turner has not had adequate time'to evaluate the options and recommend a financing plan. If you direct staff to proceed towards the construction of some or all of these options, a financial report will be prepared for the first council meeting in September. SUMMARY Staff has provided City Council with short and long tern options to reduce odors from the WWTP. There are no funds available within the 1993-1994 budget for any of the proposed odor reduction projects. Staff needs direction from City Council as to which, if any, odor control options they wish staff to pursue. S MH:mi\Scwer\W tlnds\OdorOpL ment cc: John Holroyd, Brown and Caldwell Dennis Barnts, Water Quality Superintendent Dick Marshall, WWTP Supervisor encl: Holroyd Letter - 08/17/93 09:01 $503 686 1417 BROWN & CALDWELL 12/002/004 B�1 Brown and Caldwell Y Consultants 1025 Willamette Street Suite 300 Eugene - FAXED Oregon 97401.3199 (503)696-9915 FAX(503)686-1417 August 17, 1993 Mr. Steve Hall Public Works Director City of Ashland 20 East Main Street Ashland, Oregon 97520 13-4384 Subject: Ashland Wastewater Treatment Plant Odor Control Cost Estimate Dear Mr. Hall: In our July 1, 1993, letter we discussed the potential sources of odors at the treatment plant and recommended possible remediation measures. Our investigations showed the plant headworks and sludge treatment and handling systems to be major odor sources. We were then asked to prioritize these odor control projects and estimate the costs and time for implementation. We have prioritized the potential improvements into three categories. First priority improvements could be implemented immediately and would address the source of a significant portion of the odors. Second priority projects would involve higher capital expenditures and modifications to facilities which may be abandoned in the future. Third priority projects are those included in the major plant upgrade as described in the Wastewater Facilities Plan. . First Priority The headworks area is of concern as it is the first place where odors.can escape from the sewage collection system. In addition, grit and other solid materials are removed from the wastewater and must be stored temporarily on site. Hot summer weather tends to contribute to this odor problem. The headworks area can be enclosed in a small building and provided with odor control scrubbing. This would involve a small, prefabricated building over the headworks area with a ventilation system which is treated by activated carbon. The system would be sized to change the air in the enclosure at least 30 times per hour. The activated carbon would be replaced as the hydrogen sulfide and other contaminants build up in the carbon canisters Our July 1, 1993, letter discussed the covering of a number of sumps in the plant to limit the release of odors. In addition, we suggest that a translucent cover be placed over the chlorine contact chamber to impede algal growth and the resultant odors. Such covers could be installed at a nominal cost of approximately $3,000 by the plant staff. The cost of a headworks odor control system would be approximately $140,000 including engineering and contingencies. The design of this system would take approximately 45 days and bidding and construction about 3 months. C 08/17/93 09:01 $503 686 1417 BROWN & CALDWELL 140031Q04 - Mr. Steve Hall August 17, 1993 Page 2 Second Priority These improvements would be centered on the current sludge treatment and handling systems. Odors are now generated in the aerobic digester due to its decant and mixing systems. When the digester is decanted to help concentrate the sludge, the mixing system must be turned off. The dissolved oxygen level in the tank drops below 1 .0 mgll and odors result. To avoid this problem, modifications to the decant system could be provided so the mixing system could remain in operation during the decant operation. A separate decant chamber and associated piping could be added for approximately $110,000. Design of these improvements could be completed in about one month. Bidding and construction would require about two months. This work must be scheduled for a time period when the digester could remain empty—perhaps the end of the summer. It should be noted that the Facility Plan calls for ultimately abandoning the aerobic digester in favor of anaerobic digestion. Anaerobic digestion typically produces less odors. The plant has one recently upgraded anaerobic digester. Temporary sludge storage is a common headache for treatment plants in the Northwest. Inclement weather can often prevent land disposal of sludge and force the plant to store sludge onsite. This will generally result in the production of odors. To minimize the storage problem, a number of treatment plants such as Kellogg Creek, Salem, and Myrtle Creek have purchased small sludge thickening systems_ Somat is a typical manufacturer of this type of equipment. These units can reduce the volume of sludge by a factor of 4 or 5 by increasing the sludge solids content from 2 to 3 percent out of the digester to 8 to 10 percent. The reduced volume of sludge can be treated effectively with quicklime to reduce odors. The thickened sludge could also be composted with wood chips as in Klamath Falls and Redwood City. Ideally, sludge composting facilities would be placed at a location remote from the plant as musty odors cah result from this process. A composting site has not been located at this time. One of the key disadvantages of composting is an increase in the final volume to be disposed. An advantage is that the end product is frequently viewed as more desirable by the public. Costs for a composting system have not been estimated. The cost for a trailer mounted pump, thickener, and piping would be approximately $80,000. The design of this system would take only two weeks. Bidding and equipment fabrication would take about three months. Third Priority Projects Third priority projects are those recommended in the Wastewater Facilities Plan. A number of treatment alternatives are being developed at this time. All the alternatives with the exception of the Medford treatment alternative involve major upgrades to the current solids treatment and handling systems. A second anaerobic sludge digester would be constructed and the odor-prone aerobic digester abandoned. Treated sludge would be pumped offsite to a sludge lagoon. Sludge would receive further treatment and storage in the lagoon prior to application at agronomic rates. The costs for solids treatment and storage for all but the Medford treatment alternative would be approximately 45 million. Design of the plant improvements would take approximately Brown and Caldwell Consultants - 08/17/93 09:02 $503 686 1417 BROWN & CALDWELL 0004/004 Mr. Steve Hall. August 17, 1993 Page 3 one year.and bidding and construction approximately two years. With the implementation of these improvements, virtually all odors related to sludge treatment would be eliminated. Conclusion We recommend the city consider implementation of the first priority improvements in the near term. These projects will significantly reduce odors and can be incorporated into the long term expansion of the plant. Second priority modifications should be considered if it is anticipated that a major plant expansion or diversion of wastewater to Medford will not occur soon. Aerobic digester and thickener will involve expenditure of funds for systems which may not be incorporated in the ultimate plant expansion. The best way to address the long term odor problems is to finalize the selection of a long term treatment alternative be it a major plant upgrade at the Ashland plant or sending wastewater to Medford. We appreciate the opportunity to work with you and your staff on this challenging problem. Next to concerns for treatment cost, odors problems rank at the top of the list for many of the municipalities we work with. We would be pleased to discuss these recommendations in person at your convenience. Very truly yours, BROWN AND CALDWELL Jo Holroyd Project Manager JEH:jdc cc: Mr. Dick Marshall, City of Ashland Wastewater Treatment Plant Mr. Bryan Paulson, Brown and Caldwell Mr. Chuck Zickefoose, Brown and Caldwell L Brown and Caldwell Consultant