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HomeMy WebLinkAbout1994-0719 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 fill out the Speaker Request form located near the entrance to the Council Chambers. The-Chair will recognize you and inform you as to the amount of time allotted to you. The time granted will be dependent to some extent on the nature of the item under discussion, the number of people who wish to be h d, and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL July 19, 1994 I. PLEDGE OF ALLEGIANCE: 7:00 p.m., Civic Center Council Chambers II. ROLL CALL M. APPROVAL OF MINUTES: Regular Meeting of July 5, 1994. IV. CONSENT AGENDA: 1. Minutes of Boards, Commissions and Committees. 2. Monthly departmental reports - June, 1994. 3. Confirmation of Mayor's appointment of Nancy Kerr to the Tree Commission for a term expiring April 30, 1995. 4. Letter from City of Medford regarding protection of water quality in Bear Creek. / 5. Confirmation of appointment of City Attorney Paul Nolte as judge pro tempore for July 24, 1994 only. 6. Ratification of Historic Commission decision for demolition of house only at 168 Meade Street, Ashland. 7. Ratification of wage rates for Electrical Workers pursuant to existing contract formula` - V. PUBLIC FORUM: Business from the audience not included on the agenda (limited to 3 minutes per speaker and 15 minutes total). Vl. UNFINISHED BUSINESS: 1. Letter from A. Anderson and C. Wood, requesting that Council overturn Parks Commission rule regarding drumming and amplified instruments in City Parks. 2. Report from City Attorney on application of ADA to proposed pedestrian walkway on Clark Avenue (PA #94-056, Don Greene , applicant). 3. Set date for study session for sewage treatment alternatives. VII. NEW & MISCELLANEOUS BUSINESS: 1. Request by Councillor Hauck to discuss merger of SOREDI and SOEDD, and Ashland grant. 2. Draft of proposed Ordinance by Councillor Laws regarding amendments to Charter and Ashland Municipal Code on sale of water outside the city limits. VIII. ORDINANCES. RESOLUTIONS & CONTRACTS: x1. First reading by title only of "An Ordinance adding Section 15.04.110 to the Ashland Municipal Code to adopt Oregon park trailer installation standards, recreational vehicle accessory structure and accessory building standards and Oregon recreational vehicle siting standards; providing for the issuance of permits and the collection of fees. 2. First reading by title only of "An Ordinance adding Chapter 4.27 to the Ashland Municipal Code concerning the establishment of a storm drainage utility and storm drainage utility fees. 3. Reading by title only of "A Resolutign of the City Council of the City of Ashland authorizing preliminary marketing activities relating to the sale of water revenue bonds under the Uniform Revenue Bond Act". -/4. Reading by title only of "A Resolution-adopting a Transportation and Storm Drain Utility — --T l Rate Schedule pursuant to Section 4.26.020 of the Ashland Municipal Code". 9 . Reading by title only of "A Resolution-dedicating property for park purposes pursuant to [ Article M, Section 3, of the City Charter (Gunter properties)". IX. OTHER BUSINESS FROM COUNCIL MEMBERS X. ADJOURNMENT MINUTM FOR THE REGULAR MEETING ASHLAND CITY COUNCIL July 5, 1994 CALLED TO ORDER Mayor Golden called'the meeting to order at 5:03 p.m. ROLL CALL Councillors Laws, Reid, Hauck, Acklin, Winthrop and Arnold were present. APPROVAL OF MINUTES Minutes of the Regulai'meeting of June 21,`4994 were amended to read: Public Hearing, page 2, 13, change "He-was in favor of..." to "He was opposed to..."; ew and Miscellaneous Business, item #1, page 3, 12, insert "Laws/Amold m/s to accept reports presented and tavi staff'gather the information...". Minutes were accepted as amended., CONSENT AGENDA"''`'`" 1. Minutes of Boards, Commissions and Committees. 2. 'Monthly depac'tmenia_1 reports_June;1994. 3. City Administrator's Monthly Report -June, 1994. 4. Adoption of findings of fad, conclusion and order for PA #94-057, a conditional use permit and site review for an electrical substation on Mountain Avenue (City of Ashland, applicant), Councillor Winthrop requested Item #4 be moved to New Business. Councillors Winthrop/Reid m/s adoption of Consent Agenda items #1-3. Voice vote all AYES. Motion passed. 'PUBLIC HEARINGS 1. Proposed adoption of revised water rate schedules. Director of Finance Jill Turner presented_information on proposed adoption of revised water rate schedules. Raise in'rates is needed for planned bond sale; in anticipation of limits •imposed under new tax law ("Son of 5"); guarantee "rate covenant" enough to be raised to cover debt service. Turner advised Council that it was possible there would no increase needed for at least 2 years. Turner noted that the "block design" rate schedule was chosen. Public Hearing was opened at 5:15 p.m. Rick Landt, 487 Rock Street, spoke to Council in support of water rate increases. He requested that in addition to tiered water rates, Council consider seasonal rates that would be increased during summer months and decreased during winter months. (r.Mkxe=N73-94.mW Page I I ! Public Hearing closed at 5:25,p.m. Councillors Acklin/Reid m/s adoption of Resolution 9444. Councillor Reid suggested a need for a Conservation Commission to be established. Roll call vote: Laws, Reid, Hauck, Acklin, Winthrop, Arnold YES. Motion passed. PUBLIC FORUM: Business from the audience not included on the agenda (limited to 3 minutes per speaker and 15 minutes total). None. UNFINISHED BUSINESS 1. Staff report on recommendation on administration of low-income heating assistance program. City Administrator Brian Almquist read the memorandum from Senior Program Director . Sharon Laws recommending City administration'of program. Councillors Amold/Winthrop m/s approval of staff recommendation. Voice vote all AYES. Motion passed. 2. Report from City Attorney on application of ADA to proposed pedestrian walkway on Clark Avenue (PA 1/94-056;Don-Greene , applicant). Continued to July 19, 1994 meeting. 3. Set date for study session for sewage treatment alternatives. Continued to July 19, 1994 meeting. Consent Agenda item #4. Adoption of findings of fact, conclusion and order for PA //94-057, a conditional use permit and site review for an electrical substation on Mountain Avenue (City of Ashland, applicant). Councillor Winthrop suggested changing findings to read: page 8, 1.8.6 ..."Even if it were to be considered, we find that the construction of the substation will not cause significantly greater exposure of EMF to adjacent properties or to the public, using the park or Mountain Avenue. is negligible. Councillors Arnold/Winthrop m/s to approve amended adoption of findings of fact, conclusion and order. Voice vote all AYES. Motion passed. . (r.Mmwa\73-93.meJ Me 2 NEW & MiSCELLANFAUS BUSINESS 1. Letter from Arthur Anderson and Chris Wood requesting that City Council overturn Parks & Recreation Commission rule regarding drumming and amplified instruments in Uthia Park. Councillor Laws asked what authority Council has over Parks & Recreation Commission rulings. City Attorney presented AMC 10.68.030 for clarification on process. Speaking in opposition to the ban on drumming:.----'- Arthur Anderson, 13 N. Main #1,,read his letter to Council.opposing the ban on drumming. Anderson also stated he supports drumming;Ibut is more,concerned with what he perceives as the complaints from a few people effecting,the actions taken by'the Police Department and the Parks & Recreation Commission at the expense of those in favor of drumming in the Park Kenneth Baldwin, 917 Buckhorn Road, Happy Camp, California, supports outdoor drumming and feels it is a part of Ashland's cultural mix. ' Gwen Davies, 860 Harmony Lane, read her,lettei to Council opposing the ban on drumming. She requested one standard be imposed. Kim Clough, 134 Church Street, spoke in opposition to the ban on drumming and to moving drumming to another location. Gina Dusenberry, 343 Granite Street, spoke in opposition to the ban on drumming. She lives on the perameter of Uthia Park and has experienced a variety of musical instruments being played in the Park at different times. She hopes the Council will honor all types of music. Pam Vellutini, 181 Patrick Lane, is an elementary school teacher in Ashland School District who teaches drumming.to students. She has found drumming to be a therapeutic exercise for at-risk students to aid in their emotional expression. Patricia Aulik, 456 N. Laurel, is a percussion teacher. - - Malana Kim Love, 2474/2 N. Laurel, is a drumming student. Katrina Hill, 477 Scenic Drive, spoke in favor of drumming being allowed in Ashland Parks. She suggested the Bandshell.be used for "casual" drumming during unoccupied hours and asked that specific hours be designated. Chris Wood, 121 Strawberry Lane, spoke in favor of drumming being allowed in Lithia Park. He is an acoustic consultant. Wood-was the individual that contracted with the Parks (r.MmmcsV4-94.mio)page Department for the drumming event on June 18. He hoped a compromise solution could be negotiated. A letter from Frances Sharkey and Louise Samuelson, 163 Granite Street, was made part of the record. Speaking in favor of the ban on drumming: Robert J. Malone, 47 Granite Street, Parks & Recreation Commissioner, spoke to Council on background process for decision made by Commission. Commission had decided after weighing effects of drumming being allowed versus other varieties of parks use. A compromise solution is being considered to allow drumming in the center field area of the Ashland Middle School property during non-school hours. Councillor Reid stated neighbors on Granite Street felt a compromise had been reached regarding this issue. They understood that drumming would be allowed during certain hours. Councillor Winthrop stated Council should defer to the Parks & Recreation Commission's decision. Councillor Winthrop suggested Parks & Recreation Commission present further information to Council during the July 19 Council meeting. Councillor Arnold asked that Council postpone any decision until the Parks & Recreation Commission can be present during the July 19 meeting. Councillor Laws stated he was concerned by the letter of appeal and would defer to the decision made by the Parks & Recreation Commission unless there appeared to be a glaring error in that decision. Councillor Hauck supported a reasonable regulation and feels a complete ban is discriminatory. Councillor Acklin stated the right to peace and quiet in the Parks needed to be acknowledged as necessary, too. Councillor Acklin hoped the Parks & Recreation Commission would be open to a compromise resolution. i Councillors Winthrop/Reid m/s to continue this discussion in conjunction with the Parks & Recreation Commission at the July 19 Council meeting. Voice vote: Laws, Reid, Acklin, Winthrop, Arnold YES; Hauck NO. Motion passed. 2. Letter from Brent Thompson requesting permission to sandblast building exterior in the downtown area between 12 midnight and 9:00 a.m. City Administrator Almquist stated it was not necessary to bring this request before Council because the AMC referred to construction noise in residential areas and this would take place (r.MmuIm%75-94.mua)page 4 in a commercial district. Councillor Acklin has information on damaging effects of sandblasting historic buildings and will provide it to Almquist. Almquist will notify Brent Thompson with the information. 3. Letter from Glen M. Ward requesting reconsideration of agreement to exchange access easement relocation on city-owned land for City water connection. Glen M. Ward, 537 Dead Indian Memorial Road, read his letter to Council requesting Council reconsider his original request. This property has three wells that have failed. Water has been trucked in to property for last six years. City previously allowed water connection to Ashland Bible Church on Dead Indian Memorial Road and to Ashland Vineyards on Bast Main Street. Councillor Reid moved to reconsider the request. Motion died for lack of a sedond. . Council discussed pros and cons of establishing set policy on selling water to residents outside of City limits. George F. Ward, 841 Beswick Way, requested Council reconsider policy to allow "good faith" policy between Ashland Municipal Airport property and the property at 537 Dead Indian Memorial Road to continue. Fire protection at airport is of concern to City and to Ward family. ORDINANCES RESOLUTIONS & CONTRACTS 1. Second reading by title only of "An Ordinance establislft a.Municipal Electrical Program for the Administration and Enforcement of the Electrical Code". Councillors Hauck/Arnold m/s adoption of Ordinance 2738. Roll call vote: Laws, Reid, Hauck, Acklin, Winthrop, Arnold YES. Motion passed. 2. Second reading by title only of "An Ordinance amending the franchise with TCI Cablevision regarding PEG access fee". Councillors Hauck/Arnold m/s adoption of Ordinance 2737. Roll call vote: Laws, Reid, Hauck, Acklin, Winthrop, Arnold YES. Motion passed. 3. First reading by title only of "An Ordinance adding Section 15.04.110 to the Ashland Municipal Code to adopt Oregon park trailer installation standards, recreational vehicle accessory structure and accessory building standards and Oregon recreational vehicle siting standards; providing for the issuance of permits and the collection of fees. Continued to July 19. ` 4. Reading by title only of "A Resolution adopting Water Rate Schedules pursuant to Section 14.04.030 of the Ashland Municipal Code". See Public Hearing item. 5. Reading by title only of "A Resolution adopting a Transportation and Storm Drain Utility Rate Schedule pursuant to Section 4.26.020 of the Ashland Municipal Code". Continued to July 19 meeting. 6. Reading by title only of "A Resolution authorizing the acquisition of an easement for the purpose of construction of the Ashland Municipal Airport tie-down apron expansion and taxi-way connector". Councillors Hauck/Laws m/s adoption of Resolution 94-45. Roll call vote: Laws, Reid, Hauck, Ackiin, Winthrop, Arnold YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS Councillors Winthrop/Hauck m/s to place memorandum from City Attorney regarding Sullivan v. City of Ashland, LUBA No. 94-034 on Agenda. Voice vote all AYES. City Attorney reviewed memorandum with Council. Councillors Acklin/Arnold m/s to approve recommendation to appeal LUBA decision to the Court of Appeals. Voice vote all AYES. ADJOURNMENT Meeting was adjourned at 7:10 p.m. Nan E. Franklin, Recorder Catherine M. Golden, Mayor (r.Mi. tr%7-5-94=iO pogo 6 Monthly Building Activity Report: 05/94 Page 1 # Units Value SINGLE/MULTI-FAMILY & TOURIST ACCOMODATIONS: Building: ADDENDUM TO REMODEL 1 1,000 ADDITION 2 69,500 ADDITION OF 72 SUITES 1 1,485,000 CARPORT 1 3 ,577 DEMOLITION OF SHED 1 0 DRYWELL 1 525 FENCE 5 3 ,575 GAS LINE/GAS STOVE 1 1,938 INTERIOR REMODEL/GARAGE 1 5,000 INTERIOR SPRINKLER SYSTEM 1 4 ,000 MANUFACT HOME/ATTACH GAR 1 45., 300 REAPPLICATION AS CONTRACT 1 0 REBUILD PORCH/SERVICE CHG 1 5,000 REMODEL 1 2,500 REMODEL & ADDITION 4 432,000 REROOF 1 5,900 REROOF & TWO SKYLIGHTS 1 12 ,000 REVISION OF PLANS 1 0 SFR 9 1, 358,288 Subtotal: $ 3 , 435, 103 Electrical: 1 BR CIR FOR GAS FURNACE 1 200 2 BR CIR FOR HEAT PUMP 1 200 RAISING RISER ON SERVICE 1 190 SECURITY SYSTEM 1 1,270 SERVICE CHANGE 1 500 TEMP POWER 1 137 Subtotal: $ 2,497 Mechanical: 3 TON HEAT PUMP (NO ELECT 1 2 ,816 A/C & 1 BR CIR 1 2, 620 GAS LINE TO GAS RANGE 1 200 GAS LINE/FURN (NO ELECT) 1 4,519 GAS LINE/FURN/ 1 BR CIR 1 1,958 GAS LINE/FURN/l BR CIR 1 2,038 GAS LINE/FURN/ELECT 1 2 ,830 Monthly Building Activity Report: 05/94 Page 2 # Units Value SINGLE/MULTI-FAMILY & TOURIST ACCOMODATIONS: Mechanical: GAS LINES TO 4 APPLIANCES 1 200 GFAU & A/C / 1 BR CIR 1 4, 200 INSTALL GAS FURNACE 1 3,400 ZERO CLEARANCE FIREPLACE 1 675 Subtotal: $ 25,456 Plumbing: ADD 3 BATHROOM FIXTURES 1 1, 300 ELECT TO GAS WATER HEATER 1 50 IRRIGATION SPRINKLER SYS 1 3 , 000 REPL PLMG FIX/ELECTRICAL 1 2 ,700 REPLACE ELECT WATER HTR 2 250 SEWER LINE 1 500 WATER LINE 1 500 Subtotal: $ 8, 300 ***Total: $ 3 , 471, 356 COMMERCIAL: Building: FOUNDATION 1 1, 124 INT. SPRINKLER SYS. 1 12,800 INTERIOR REMODEL 1 900 REMODEL 2 9, 000 REVISION TENANT IMPROVEMT 1 15, 000 STAINGLASS WINDOW 1 2, 000 TENANT IMPROVEMENT 1 85, 000 Subtotal: $ 125, 824 Electrical: 1 BR CIR FOR MCNEAL HALL 1 300 1 BR CIR FOR PINE HALL 1 400 1 BR CIR FOR SCI II,RM261 1 400 1 BR CIR/SISKIYOU COMMONS 1 285 21 BRANCH CIRCUITS 1 19, 000 ALARM SYSTEM 1 150 ELECTRIC FOR SIGN 1 125 Monthly Building Activity Report: 05/94 Page 3 # Units Value COMMERCIAL: Electrical: SECURITY SYSTEM 1 1,000 SERVICE CHANGE 2 1,350 Subtotal: $ 23 ,010 Mechanical: GAS PAC/1 BR CIR 1 4,724 TWO BOILERS 1 35,000 Subtotal: $ 39 ,724 Plumbing: SPRINKLER SYSTEM 1 3 ,500 WATER HEATER 1 250 Subtotal: $ 3 ,750 ***Total: $ 192 ,308 Total this month: 82 $ 3 , 663 ,664 Total this month last year: 95 $ 2, 278,727 Total year to date: 1007 $18, 114, 632 Total last year: 1059 $20, 075,424 This month This month This year last year Total Fees: 38, 189 24 , 364 227 ,498 Total Inspections: 544 458 6201 i NEW CONSTRUCTION: 5/94 RESIDENTIAL PAGE NO. 1 06/30/94 ADDRESS #UNITS CONTRACTOR VALUATION ** MANUFACT HOME/ATTACH GAR 1361 EAST MAIN ST OWNER 45300. 00 ** Subtotal ** 45300.00 ** SFR 201 GLENVIEW DR GREENEWOOD HOMES 200000.00 173 PATTERSON ST MEDINGER CONST. CO. INC. 55000.00 163 NO ADDRESS MEDINGER CONST. CO. INC. 62000.00 1230 KIRK LN OWNER 83161.00 485 WATERLINE RD LEWIS CONSTRUCTION 229812.00 461 WATERLINE RD LEWIS CONSTRUCTION 195000.00 125 TERRACE ST WARREN CONSTRUCTION CO. 164315.00 491 ASHLAND LOOP RD WARREN CONSTRUCTION CO. 200000.00 421 WILEY ST OLSON, TOM 169000.00 ** Subtotal ** 1358288.00 *** Total *** 1403588.00 NEW CONSTRUCTION: 5/94 COMMERCIAL PAGE NO. 1 06/30/94 ADDRESS #UNITS CONTRACTOR VALUATION ** ADDITION OF 72 SUITES 2525 ASHLAND ST JELDWEN INC 1485000.00 ** Subtotal ** 1485000.00 ** TENANT IMPROVEMENT 695 MISTLETOE RD PRATT CONSTRUCTION 85000.00 ** Subtotal ** 85000.00 *** Total *** 1570000.00 i �4`pF ASN;°,Q Memorandum °Rroo� . July 10, 1994 v1 0. Mayor and City Council r ram: Steven M. Hall, Director of Public Works p�'lt�IjPtt. Monthly Reports Attached are the monthly reports for the Public Works department for the month of June, 1994. Enclosures (CAPWI OTt-MM) A Water Quality Monthly report for June 1994 Water: Repaired 14 leaks in customer service and or meter. Replaced 6 broken or leaking angle stops. Replaced 1 leaking water service line. Repaired 4 Lithia leaks along East Main. Changed out 22 water meters 20 3/4", 1-2" and 1- 1 1/211. Changed out SOSC all water meter, including new vault wall and remote read-outs. Installed 18 new water meters with hand valves. Installed 3 customer hand valves. Relocated fire hydrant at Washington Street. Installed 9 new 3/4" water services and one 1" water service Installed one 4" fire service. Installed two 6" main line taps. Chlorinated Diane Hill Subdivision and put it into service. Installed two new 6" fire hydrants, one on Terrace and one at Fordyce. Sewer: Installed 4 new 4" sewer laterals. Repaired 1 sewer and 9 manholes. Responded to 2 service calls. Jet rodded 17,892' of City sewer mains using 43000 gallons of water. Mechanical rodded 745 feet of City sewer mains. Miscellaneous: There were 75 requests for Utility locate calls. There was 142. 13 million gallons of water treated at the Water Treatment Plant and 51.20 million gallons of water treated at the Waste Water Treatment Plant. Used 105 yards of 3/4" minus rock at various job sites. City of Ashland Street Division ; June 1994 Report SWEEPER: Swept 126 miles of streets. Collected 45 yards of debris. Responded to 107 utility location requests. Graded several streets and alleys._. _ . Patched pot-holes and sunken services. Removed and patched back large area at 347 High St. : B tons.. Continued pre-patching re-surface list: saw7cutting . and. removin,g bad sections of asphalt and patching back (353. 52 tons) , replacing'. bad sections of curb and gutter and profiling the streets with the grinder. NOTE: Preparing the streets to be re-surfaced consumes 90% of our. time. . STORM DRAINS: Flushed and/or nodded several storm drain systems. . Cleaned off catch basin grates. Cleaned out catch basins. Began cleaning several hundred feet of drainage ditch on Mistletoe Rd . . Fabricated a steel diamond plate cover for a sidewalk over a storm drain on No. Mountain above Iowa. Replaced a broken cross-over on Winburn Way at the „upper duck pond, using 27 feet of 12 inch P.V.C. pipe, back-filling with 1 - sack slurry and patching with 1/2 inch A.C. . Tested a catch basin floor on No. Mountain for possible leak . SIGNS and FAINT: Continued painting downtown . Put a second crew. on to ,get caught ,up. on the yellow, green , blue, and white curbs. Made large sign for closure of No. Mountain for pre-patching and re-surfacing . Installed another 4 hour limited parking sign in the Hargadine parking lot. Installed a no parking sign in the. hammer head 'on Ashland Loop Rd: above Morton St. . Made and installed a new street sign at the corner -of. Lit Way and Ray Ln Made and installed a new street sign, at, Churrh and Scenic,. Replaced the stop sign on Ashland at Peach Re-set the limosine parking only sign on 1st: street above E. Main . Made and installed a new street sign on MaryJane at Siskiyou. Straightened the stop/street sign post an Maple at No. Main . Installed a new 10 minute parking sign post on Indiana above Siskiyou. Pioneer parking lot: revised the arrows on several signs . and installed 3 new no parking signs along Copeland, Lumber. MISC. : The entire crew, plus the temporary employees, attended an all da_y Flagging Certifacation class. Completed drainage. trough,and ..gr.outed_ the .pit, for the„tack .truck ._ Picked up the following items .Iri .Medford : Fabric ; c'ross7bow, oil,and chains for chain saws, and fittings for tack trough. , ' - Set out cones for cross-walk week ._ :, ., Steve Burkhalter: training on paver. Trimmed tree on Crestview at 'Par,,k f.or...?top sign visability, . . Picked up a wood stove for' the Conservation Dept. . Pushed up the asphalt grindings pile at B St. yard . Seeded newly poured Handi-Cap. ramps.,-and. curb and gutter at .15 locations. Watered trees at the granite pit. 'Raised a valve boot at 1260 Prospect. Hauled 10 yards of old concrete . from :B St, -to. our concrete, pit -on . Glenview Dr. . Cleaned up facilities and' equipment-"ori'-`a` wee'kly basis. Helped in shop when needed_. Held monthly safety meeting . c;r, s City of Ashland Fleet Maintenance • June 1994 Report �: 3 mechanics completed work on 168 word: orders on various 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:b„ tested on a weekly basis.' • WSJ Hax Aw I and t9 certificates issued, .for the Month: 1, City o,f` Ashland:- 1` ;yam ENGINEERING DIVISION MONTHLY REPORT FOR: JUNE 1994 1. Issued 20 Street Excavation permits. 2. Issued 4 Address Change or Assignment forms. 3. Issued 4 Miscellaneous Construction Permits. 4. Responded to 16 Certificate of Occupancy reviews. 5. Completed 5 Pre-applications for Planning Actions. 6. Completed 41 "One-Stop" permit forms. 7. Performed field and office checks on 4 partition plats. 8. Performed the following work on the Airport Improvement Project: a. prepared design report. b. submitted plans and contract documents to F.A.A. for approval. C. contracted with P.P. & L. to lower power lines. d. submitted D.B.E. goals and information to F.A.A. civil rights section. e. negotiated with owners regarding relocation of access road. 9. Received from the Oregon State Health Department an exemption of water line review requirements. 10. Performed the following work on the Bluebird Park handrail repair: a. designed and prepared plans for a new handrail. b. sent plans and request for quotation to 10 contractors. C. awarded contract for construction. 11. Located and referenced all centerline monuments on Liberty Street. 12. Completed a comprehensive intersection study involving Wightman/Siskiyou/Indiana. 13. Operated traffic counters at several locations. JHOM\euf rptjw ftfm t.m Engineering Division Monthly Report for June 1994 Page 2 14. Met with property owner regarding the acquisition of a right-of-way extension on Westwood Street. 15. Performed the following work on the Diane's Hill Subdivision: a. issued notice to proceed. b. inspected work performed by contractor. C. conducted final inspection and prepared a final "punch list". 16. Attended and helped prepare the Hosler Dam E.A.P. table top exercise. 17. Continued digitizing tax lot maps into the computer. 18. Performed the following work on the North Mountain Avenue Sanitary Sewer Improvement L.I.D. a. held pre-construction conference. b. issued notice to proceed. C. inspected work performed by contractor. 19. Prepared a memo regarding an affidavit of consent by B.P.A. for the N. Mountain Avenue substation. 20. Responded to numerous vision clearance complaints. 21. Performed the following work on the North Main and Ashland Street Water Line project: a. survey information of right-of-way location. b. reviewed preliminary location maps. C. transmitted utility and right-of-way information to engineers. 22. Prepared contract for the 1994 Miscellaneous Concrete Repair project. 23. Completed preparation of easements for the Railroad Village Subdivision Improvement project. 24. Reviewed plans for future storm drain construction over lot 1 of Terrace Pines Subdivision. 25. Prepared memo to Parks Department regarding the requirements for installing an irrigation well at Oak Knoll. 26. Performed the following work on the Struve Subdivision: JHO:n\5UffV Jw-n+Lmmt.m Engineering Division Monthly Report for June 1994 Page 3 a. inspected work performed by contractor. b. approved revised sewer service plan. C. checked subdivision monumentation. 27. Performed the following work on the Odor Control Facility: a. inspected work performed by contractors. b. prepared pay estimate no 3. 28. Performed the following work on the Ashland Audubon Subdivision: a. approved subdivision improvement plans. b. prepared construction and inspection agreement forms. C. held pre-construction conference and issued notice to proceed. 29. Performed the following work on the Strawberry Lane Sewer project: a. prepared topo map showing contours. b. mapped right-of-way lines and proposed acquisition. C. began design of sewer and water lines. fHO:nWafttju stafm Lmu i v`pF �ry4yG g PLit V L Gandu LLB '.pRE6pa, June 29, 1994 City Council Members rum: Catherine Golden, Mayor p�LCDjPCt: Tree Commission Appointment There is an opening'on the Tme Commission due to the recent resignation of Leslie VanGelder firm her position which expires April 30, 1995. I would like to appoint Nancy Kerr to this vacancy.Ms. Kerr requested appointment to this Commission in February, 1994. A copy of her resumd, is attached. (rcommwppoiocmw) Attachments - 2 P°Of ASI1, City of Ashland ° OFFICE Of THE MAYOR II• 20 E.Main Street Ashland, OR 97520 too CATHY GOLDEN I, MAYOR (503)482-3211 - February 9,.1994 A Ms. Nancy Kerr 335 Orange Avenue Ashland OR 97520 f Dear Nancy: [ Thank you for applying for the recent opening on the Tree Commission. The Council appointed Sharon Dvora at the February 1, 1994 meeting. Your letter will be kept on file for future appointments to this commission. Your interest in serving your community is very much appreciated. Cordially, Catherine 15f Golden I Mayor (C-NUYO ACom Awl IOQ-IW J ' 7 .i It f F i a T JAN 2 5 1994 :; Nancy Kerr 335 Orange ave. ----------- Ashland, OR 97520 482-4749 Mayor Cathy Golden 20 E. Main Street Ashland, OR 97520 Dear Mayor, Please consider my qualifications for the Tree Commission committee. I am a local resident of Ashland and I am interested in the planned growth and beautification of our city. I am very proud of Ashland's progress so far. The City Planning Department has developed design idea's that encourage a growing quality of life for those that join our community. 1 would enjoy a small part in participating in the further development and design of the community. I have long had an interest in Botany and Design. When I had the opportunity in high school, years ago, 1 took a class in Botany. I have always taken Design classes and would be excited about being involved with landscape design. Thank you for this opportunity to apply for this.position on the Ashland Tree Commission. Sincerely, Nancy Kerr I NANCY KERR 335 Orange Street Ashland, Oregon 97520 (503) 4824749 POSITION OBJECTIVE: Business Management/Administration SKILLS & ABILITIES: • Computer - WordPerfect, Quattro Pro, Minitab • Typing (45 wpm) • Adding machine - 2 years experience • Phone - 5 line system Organizational Skills: Organized work projects and activities successfully for 25 years. Owned a business in the printing and graphic arts field and supervised 12 employees. ' Communication Skills: Teaching of toddlers through the elderly. Numerous presentations in many types of settings. Presentations through speech, drama, video, music, overhead projector, handouts and demonstrations. Topics to include: Gross National Product (GNP), Financial Risk for Business, Restructuring for Profit, etc. Sales on a one-to-one basis and have worked well in many group projects. Major research projects. Artistic Skills: Produced videos. I have classes needed to teach high school art. 3 Design, 3 Art History, Photography, Drawing, Painting, Sculpture, Weaving, Printing, and Graphics. EDUCATION: Southern Oregon State College, Ashland, Oregon • BA Business 3/92 (Marketing Major) • BA Humanities 3/92 (Includes 3 years of Chinese Language) Other courses taken: Marketing, International Marketing, Sales, Advertising, Industrial Marketing, Group Processes in Business, Video Production, Broadcasting, Newswriting, Speech, Business Communications, Business Research, and Accounting. HOBBIES: Horseback riding, sailing, tennis, biking and the arts. of MFd JUL g 1994 OREGON Y' W `• OFFICE OF THE MAYOR CITY OF MEDFORD TELEPHONE(503) 770-4432 411 WEST 8TH STREET ..... FAX: (503) 770-4444 MEDFORD, OREGON 97501 MEO DS Sl r Cm ALBA, ITALY July 8, 1994 Mayor Cathy Golden City of Ashland 20 E. Main Street Ashland, OR 97520 Subject: Protection of Water Quality in Bear Creek Dear �en: The City of Medford wants to thank the City of Ashland for keeping us informed regarding your wastewater treatment plant facility planning efforts to improve the water quality in Bear Creek. It is apparent that you have made every effort to evaluate all possible alternatives, including both time tested and emerging technologies. As you are aware, Bear Creek runs through the heart of Medford, and we value it as a community resource in the same manner that you value Lithia Creek. The concerted effort and financial participation on the part of the City of Medford, Medford Water Commission, and Medford Urban Renewal Agency, in cooperation with other agencies in the valley, to get the Jackson Street dam removal project off the ground is an example of our level of commitment to the improvement of Bear Creek. In your search for the appropriate wastewater treatment and disposal process, we wish to support the selection of a solution that provides the reliability and flexibility to ensure long term compliance with discharge requirements under a variety of current and future operating conditions. This is an excellent opportunity to greatly improve the water quality in Bear Creek. Sincerely, er Lausfiann, Mayor JH/JL/cvn c:. shlandJC t-Xc ounE j;@members Ashland Public Works Director Ashland City Manager �F & e. em ,orn >� nm Rio July 13, 1994 V1 R- Council Members rain: Catherine M. Golden, Mayor '1I�IjEtt: Pro Tempore Judge Appointment Pursuant to Municipal Code 2.28.200, please mnSrm the appointment of City Attorney Paul Nolte as judge pro tempore for July 24, 1994. He has been asked to perform a wedding ceremony for a friend of his on that day. <r.Mryorleia®.me� Attachment - 1 l 4 4 CITY ATTORNEY CITY OF ASHLAND 20 EAST MAIN STREET (503) 482-3211, EXT. 59 MEMORANDUM July 14, 1994 To: Mayor Catherine'Golden and City Councilors (j From: Paul Nolte I Subject: Request for Judge Pro Tern Appointment Lynna Murray, an employee in the Finance Department, plans to be married in Ashland on July 24, 1994, and has asked if I could preside over the ceremony. ' Through this memorandum I am asking for your approval and confirmation to serve as the pro tem municipal court judge for this one day only (Sunday, July 24). 1 have discussed this matter with Administrator Brian Almquist and Municipal Court Judge Allen Drescher,.neither having any objections. i (s9Pro-tan.rey) - 1 , oft AS& memarandnm p4$60 July 13, 1994 ��- Mayor and City Council .11 XIIrit: Ashland Historic Commission ,SubjCCt: DEMOLITION REQUEST FOR 168 MEADE STREET The Ashland Historic Commission has agreed the house at 168 Meade Street is no longer structurally sound and is supporting the demolition request for the house only. Attached are criteria submitted by Ted .Clay, the Cultural Resource Inventory Survey Form completed by Kay Atwood in March of 1990, the evaluation/rating sheet which she used in determining the final score, and the July 6, 1994 minutes of the Historic Commission meeting. Application for Permit for Demolition Applicant: Ted Clay, 219 Meade St., Ashland 482-6435 Address of structure: 168 Meade St. Age: built 1906 (est) Ranking: Secondary Point rating: Architecture: 11 Environment: 9 History: 24 (15 of which are from "fair/poor" items) Total 44 Reason for demolition: House is fire-damaged, and is the site of a murder. Owner wants to build a new house, using location of the existing house. Zoning: RI-7.5 Criteria list: 1. Not on Heritage Landmark List. 2. Has been condemned after fire. Architect determined that restoration would be more costly than building a new house and would be difficult to integrate with additional construction in an aesthetically pleasing manner. 3. No 4. Necessary both for cost and appearance reasons as stated above. But also high on the list of reasons is the psychological burden of living in a house where an unsolved murder took place, possibly with a continued fire smell which is still quite noticeable after more than one year. 5. The new house will be compatible with the architectural styles in the neighborhood. 6. It will be replaced by a single-family house. 7. The change will definitely upgrade the neighborhood. 8. N/A 9.. Possible use: temporary illegal shelter for transients. What do you say? 10. N/A 11. We plan to attempt to salvage as much of the old wood as possible, both for construction or for firewood. This may not be a negotiable item with the demolition contractor, however. 12..N/A 13. N/A 14. No. EVALUATION CRITERIA FOR MOVING/DEMOLITION IN THE ASHLAND HISTORIC DISTRICT The following is a list of questions to be answered when applying for a permit to either move or demolish a structure in the Ashland Historic District: 1) What is the address of the structure? 2) What is the age of the structure? 3) If the structure has been included on the Heritage Landmarks List, what is its ranking (Primary, Secondary, Compatible or Non-contributing)? 4) What is its overall point rating? 5) What are the ratings in the Architectural, Environmental and Historical categories? 6) If this is a primary or secondary structure, what are the reasons behind the request for this moving/demolition permit? 7) What is/are the specific section(s) of the Ashland City Code which are being cited as reasons for the move/demolition? 8) What is the current zoning of the structure? 9) If it is to be moved, what is the zoning into which it will be moved? The following is a list of the criteria used to evaluate the merits of granting a moving/demolition permit in the Ashland Historic District: 1) Does the structure meet the minimum criteria adopted for inclusion on the final Heritage Landmarks List? 2) Is the building structurally sound? Has it been condemned? Can the structure be restored for costs comparable to constructing a new building of the same size and value? 3) Do the existing configuration of the house and the uses permitted in the zone make the retention of the structure unfeasible and an unreasonable hardship on the property owner? 4) Why is it necessary to move or demolish the structure? 5) How will moving or demolishing this structure contribute to the historic character of the neighborhood? 6) What will replace the structure if it is moved or demolished? 7) What impact will this new use of the property have on the historic character of the neighborhood? 8) If the structure is to be moved, what impact will the building have in its new locale? 9) If left in place, what use could the structure be put to in its current zone? 10) If the structure is to be moved, will it be restored? Briefly, how will the restoration be accomplished? 11) If the structure is to be demolished, will the materials be recycled? 12) What effect will the move have on the structure's chances of being included on the National Historic Register? 13) if this is a proposed move, what will become of the structure if the application is denied? 14) Based on the numerical ratings,.are there compelling arguments with regards to Architecture, Environment, or History. which would be grounds for denying a moving or demolition permit? ASHLAND CULTURAL RESOURCE INVENTORY SURVEY FORM COUNTY: JACKSON IDENTIFICATION: Hist. Name Roach, Earl J. House Date of Construction: 1906 (est. ) Common Name: Original Use: Residence Address: 168 Meade St. Present Use: Resi ence _ Ashland, Oregon ' Architect : Owner: _Krahel', Edward Builder: . 168 Meade St. Style: Vernacular Ashland, Oregon x Bldg. _Strut. _Dist . Obj . T/R/S: _ 39S RIE 9 Ranking: Secondary Map No: 9CA Tax Lot : 9100 Addition: Highland Park (1888) Block: Lot : 8-1D Quad: Ashland THEME: Statewide Inventory of Historic Properties Theme: _Archaeology _Industry _Mining _Agricu'lture _Military Social/Education x Commerce —Politics/Government—Transportation Exploration and Settlement _Religion Other DESCRIPTION: Plan Type/Shape: Rectangular No. of Stories : One Foundation Material: Woo s i.rting Basement (Y/N) : Roof Form and Material: Hip; wood shingle, regular cut Wall Construction : Frame Structural Frame: Primary Window Type: One-over-one ou a lung sash Exterior Surfacing Materials : Horizontal double drop Decorative Features: Other: Condition: _Excellent x Good _Fair_ Poor —Moved(Date ) Exterior Alterations/Additions (Dated) Noteworthy Landscape Features: Associated Structures : Detached garage Known Archaeological Features : Negative No: Roll 17-7 Recorded By: Clay/Atwood Slide No: Date: 1984/ 7 March 1990 SHPO Inventory No: 472 SETTING: This single story, wood frame dwelling stands on a site on the east side of Meade Street, between Pearl and Iowa Streets . SIGNIFICANCE: This property, originally part of the Reeser Addition to Ashland, (now known as the Highland Park Addition) , was sold by Matilda Reeser to E.M. Olmstead in May, 1910. The Reesers may, have constructed this house as a rental property about 1906 . Eliza- beth Roach purchased Lots 9 and l0 in December , 1913. Earl J. Roach worked as a driver for the Ashland Transfer and Storage Company. The Roaches sold the property to James Shelton in October , 1919. f SOURCES CONSULTED:. Jackson County Deed Records, Volume 80, Page 369; Volume 98, Page 453; Volume 125, Page 375. Polk's Jackson County Directory, 1.914.. • - . . f • . . L ✓ - 'rtQ f y 42 • 41.E l.i J it 1+ � , 1 ,+� ASHLAND CULTURAL RESOURCE INVENTORY' . Evaluation/Rating Sheet Architecture I ( 35 possible SITE NUMBER points ) / ADDRESS 1 A. Style E FINAL SCORE VG RANK F/P N--- B. Design/Artistic Quality ' . E VG G J! F/P J C. Materials/Construction E VG G. G 1 - - F/P D. Integrity E VG G F/P E. Rarity History E VG I (49 possible points ) G A. Person F/P E Environment VG ( 21 possible points ) G ..F/P A. Landmark E B. Event VG E G VG F/P F/P g B. Setting C. Patterns E E VG VG G G F/P F/P C. Continuity E D. Information VG E G VG F/P G F/P y ' Ennis reminded the applicants their request cannot be approved without public hearings and 'ty Council approval of ordinance changes. Cha ers stated there is an issue of symmetry here, as the awning looks o ofi f balance. If every a wanted a bigger sign, we would have what Ashland looked li 30 years ago. He can see, owever, a reduction of size. Skibby said he es not feel bound by the fact the awning is Yrea y existing. E nnis noted if the sign permit lication came in and it were being re from scratch, it simply would not be approve Skibby then stated a standard awnin n on the building could be approved. He said feels the sign should be re gu 'ted by the ordinance and the applicants should start ove , since'it was put up withou a permit. Ennis stated he can see a speci need for havin the sign facing East Main Street, and personally agrees with the variance r facing t Main Street: Cardinale stated he has a similar circumst ce with his business (Handyman). His building is located below Ashland Street and op have a very difficult time finding it. He personally feels the ordinance should a more �nient, but he does not have a say in it, so the ordinance should be followed. \ Winston remarked while she preciated the applicant efforts, the signs are out of scale and she felt they should ha been wiser. She advised the ntractor should be financially responsible. �\ Wood moved to re mmend denial of the application to the Planning Commission, and Winston seconde he motion. Chambers asked for clarification. Winston stated the intent would be to re ove the signs. Chambers said the massing and scale are too large, but he is not agains a variance for the placement of a 24 square foot sign. 1766.motion carried with all vo ng aye except Ennis and Chambers, who both stated they were not in favor of what ex' s, but felt the owners should be allowed to have a_sign facing East Main Street. En s suggested the applicants go to the Planning Commission meeting agreeing to reduce e size of the signs and ask for a variance for the side location only. DEMOLITION REQUEST - 168 MEADE STREET . Skibby clarified the house is on the Heritage Landmarks List. Ted Clay, new owner of the property, acknowledged he was in error when he stated it was not. Skibby then gave a short history of 168 Meade Street and passed around photos of the property. When questioned by Skibby if the garage would remain, Clay answered it would. Skibby stated he felt the garage had more architectural merit than the house. Ashland Historic Commission Minutes July 6, 1994 Page 3 Clay conveyed he has had several people take a look at the house. One was a house mover and one was an architect, and neither felt the house was worth saving. Because of the fire, the house has been condemned. Everything above four feet on the main floor has been scorched and suffered fire damage. When asked what will occupy the site, Clay said he will be building a single family residence. The design will not be similar, but it will be compatible. Also, it will be one and one-half stories. Skibby stated that by keeping the garage, it will keep the history of the site, and he can understand the request for demolition of the house. Ennis also understands and added the existing house sits much too low. Ennis moved to recommend approval of the demolition request given the condition of the existing house, the recent history, and the fact it is ranked as a secondary structure on the Heritage Landmarks List. Furthermore, as part of the motion, the Commission agreed the garage structure shall be retained. Chambers seconded the motion and it passed unanimously. Clay then asked if it would be most important to keep the garage as it is and have it compatible but not similar, or change the windows and siding. The Commission agreed the garage should retain as much of the original siding and windows as possible. If adding on, the siding and windows should match the existing. Proposed Central Avenue/Water Street Railroad Spur / Vail presented a railroad slide show. He stated he would like to get -ra�ihoad line, at le om Ashland to Shasta, on the National Register because SP.Win the process of tearing up line and taking out the old crossings, etc. He also st e8 he owns the railroad right-of-way spu etween Water Street and Central Avenue. Has three nice old rail cars and needs a buildin house them. The design would bimilar to the old depot hotel with a porch, only on a smaller scale and it would be-shed. Eventually, he will probably give the cars to the State of bregon. The structure will be for storage of the cars, and possible a museum at the most. If�and when the railroad ever runs over the Siskiyou Mountains again, his cars can be used"Ijhe meantime, he needs to shelter them. Vail then presented elevations,af the proposed building, which would be 250 feet long. He said he chose an Eastlake ,Msign because all the depots SP built in the northwest at that time were of this style. \ Ennis stated ario e Commission agreed it would be very important to drawings of the massing of f1 e building and streetscape. Vail said he is not in a hurry at this-point and he will wor ith the Review Board. Ashland Historic Commission Minutes July 6, 1994 Page 4 r Y.W.. II IF, j � 4 •t i 9�� Q��lsrhliaLdcB� � ��� 1 k/ Local Union No.659 241/2 South Grape Street • P.O. Box 669 MEDFORD, OREGON 97501 (503)772-5271 • FAX(503)772-3520 July 8, 1994 Mr. Brian L. Almquist City Administrator City of Ashland City Hall Ashland, OR 97520 Dear Brian: Enclosed is the addendum to the Electrical Agreement for the 1994 wage rates. Again as outlined in my letter of last week, if adjustments are needed on the rates based on Portland we agree to any adjustments needed. If you find the addendum in order will you please sign and return 5 copies to our office for International Office approval. Also I have included the 1993 addendum which was lost in the process last year. For the record I will appreciate the signing of same in order to keep the records in order and correct the oversight. Thank you. Yours truly, LOC L UNION NO. 659 , I .B.E.W. im McLean s Hess Manager JM/des enclosures cc: Bill MacDowell Cs ADDENDUM TO AGREEMENT betwe@rn T H E C S T Y O F ASHLAND , ORE GO N a n d LOCAL UN=O N WC) E3 5 9 =NT ERNAT=ONAL BROTH ERH 00 D O F E L E C TR=CAL WORKER S WHEREAS, there presently exists an Agreement between the parties effective July 1 , 1991 through June 30 , 1995 covering wages, hours and working conditions, and WHEREAS, the existing Agreement provides under "Appendix B" for revisions to the wage rates July 1 , 1994 . In accordance with those provisions, the wage rates for each classification are as follows: "APPENDIX B° _ PAY SCHEDULE CLASSIFICATION: WAGE SCALE EFFECTIVE 7-1-94 Lead Working Line Installer . . . . • . . . . . $ 23 .88 Line Installer/Serviceperson. 22 .09 22 09 Line Installer. . .. . . . . . . . . . . . . • Apprentice Line Installer: • . • 15 . 46 1st 6-months (70% of line installer rate) 16 . 13 2nd 6-months (73% of line installer rate) • • ' • 16.79 3rd 6-months (76% of line installer rate) • • ' • 17.67 4th 6-months (80% of line installer rate) 18.56 5th 6-months (84% of line installer rate) . • ' . 19,88 6th 6-months (90% of line installer rate) 22 ,09 Electrician. . . . . . . . . . . . . . • • • • 22 .09 Electric Meter Repairer . . . . . . . . . . • 17 .47 Line Truck Driver . . . . . 15. 83 'Connect-Disconnect 15. 03 Meter Reader. . . . . . . . . . . . . . . • • . 15.03 Groundperson . . . . . . . . . . . . . Groundperson, Meter Reader, Connect-Disconnect: 7 ,03 1st 6-months. . . . . . . . . • • • • ' ' 9 .06 2nd 6-months. . . . . . . . . . . • • • ' • ' 11.04 3rd 6-months. . . . . . . . . . . . • • • ' ' . . 13 .04 4th 6-months. . . . . . . . • . Mapping Specialist 10. 24 1st 6-months. . . . . . . . . . . • 10.87 Next 12 months. . . . . . . . . . • • • • ' 11.48 Next 12 months. . . . . . . , . • • • • ' ' . 12.19 Next 12 months. . . . . . . . • • ' . . . 12 .94 Thereafter. . . . . . 'To be increased by 2 . 5% for State Supervisory Electrician's license. 2Connect-Disconnect increase by 5% for duties primarily centered around hand-held computer meter reading devices. CITY OF ASHLAND, OREGON LOCAL UNION NO. 659 INTERNATIONAL BROTHERHOOD OF ELECTICAL WORKERS B 2 By acs 1/ Date /� 7 Date APPROVF SHLAND CITY COUNCIL By Date CITY ATTORNEY 'CITY OF ASHLAND 26 EAST MAIN STREET (503) 482-3211, EXT. 59 MEMORANDUM July 5, 1994 To: Mayor and City Council From: Paul Nolte Subject: Park and Recreation Commission.Ban on Drumming in City Parks. You have received an appeal regarding the park commission rule banning drumming in the parks. For the reasons given below, I advised the commission that it has the authority to adopt such a rule and that the rule is constitutional. The park rule being appealed was adopted by the park commission on May 23, 1994, and reads as follows: 'Effective May 28, 1994, the sounding of drums or other percussion instruments or the use of a sound amplifier with a musical instrument in any of the parks is prohibited. Provided, however, that this prohibition shall not apply to: A. Drums or other percussion instruments approved as a part of an event authorized by the Parks and Recreation Commission. B. The use of sound amplifiers approved by the Parks and Recreation Commission for special events. C. Drums or other percussion instruments sounded in areas designated by the Parks and Recreation Commission for such use." In July, 1993, the council, at the request of the commission, considered the adoption of a similar prohibition in the form of an ordinance'. The council chose not to adopt the ordinance. ' The ordinance proposed in July, 1993, read as follows (shaded words were to be added to the existing ordinance adopted in 1916): Section 10.68.180 of the Ashland Municipal Code is amended to read: '10.68.180 Whistles \mss prohibited Vsltors shall not sound.whistles trtletl.. aOC itSB� S b NOW 1 OPINION FOR MAYOR AND COUNCIL JULY 5, 1994 PAGE 2 The commission has the authority to adopt park rules under AMC 10.68.030: "Park Commission—Authoft. The Park Commission of the city is authorized to make such rules and regulations not in conflict with the ordinances of the.city as it may think necessary for the better control and management of the parks. If any person feels aggrieved by any such rule or regulation, such person may appeal to the Council for its amendment or repeal by filing with the City Recorder, a petition which shall be presented to the Council at its next regular meeting, but until amended or repealed by the Council, such rule or regulation shall be in full force and effect as if it were an ordinance! Banning forms of expression in the city parks has constitutional implications. The commission and the council have the authority to enact reasonable legislation to regulate conduct thought to be detrimental to the public interest. City of Portland v. Gatewood, 76 Or App 74, 79 (1985). The city (or commission) has broad constitutional latitude in fashioning a content-neutral law that regulates the manner of expression, so long as the limitation is reasonable. 'The (city's) concern may be with the medium, not the message, as when park regulations ban fireworks even for a Fourth of July celebration." City of Portland v. Tidyman, 306 Or 174, 184 (1988). When a law does not focus on the content of speech, but rather the sound made or medium used to deliver the expression, the law is analyzed to determine if it is overly broad. Cf. City of Eugene v. Powlowsld, 116 Or 186 (1992). The analysis for overbreadth looks at, for instance, whether or not the rule is limited to those circumstances when, because of noise or abuse, the public interest may be implicated. The commission determined that the limitation was necessary not only for peace and enjoyment for those outside the park, but also for the persons using the park for its serenity and natural amenities. In addition, the commission has provided for exceptions to the prohibition for approved events. (p:aswka,-dr .opt • a „ Y/ V/ ee ./1�.pc.wa To : Ashland City Council JUN 271994 RE : Parks and Recreation Rule prohibiting percussion instruments and amplified instruments in Lithia Park. To Whom It May Concern, Pursuant to Ashland Municipal Code #10. 68 . 030 we request that the Ashland City Council nullify the rule adopted by the Parks & Rec , Department that prohibits drumming (percussion) instruments and amplified, instruments in Lithia Park. It is our contention that this rule is discriminatory and arbitrary for the following reasons : #1 ) This rule singles out a specific instrument or group of instruments , which suggests that -it is aimed at a particular style of music rather than any concerns of noise levels . Bagpipes and trumpets are allowed, conga drums are not . #2 ) Pre-existing noise ordinances (decibel ) were never enforced against drummers in the park, thereby denying due process of law. No one who has ever complained about drumming ever has agreed to sign a formal complaint which would have then permitted the police to issue a citation which then would have afforded the accused the right to defend their actions in court . The police went so far as to waive the normal. criteria of two signatories to the complaint and said only one would be necessary. Still no one ever was willing to ever sign a complaint. They chose to have the police enforce their will on others without any formal commit- ment to a process that would have afforded the accused an opportunity to defend themself . ' #3)The Parks & Rec dept . acted in the interests of the few complaintants ( some of whom repeatedly complained thereby creating the impression of numerous complaintants in any given month) _ At a meeting of theParks& Rec Department a petition was presented signed by 270 Ashland. resisdents supporting the right to drum in the Park. Obviously for every complaintant there is someone who enjoys the drumming. #4)The park is a public use area and those uses can ' t be dictated by residents that own realestate adjacent to the park. It amounts to a minority -viewpoint being enforced on the rest of the population . For _,_ should be recinded and other compromises that include the interests of everyone, musicians and property owners alike, should be studied and adopted . Sincerely, f � _ /� i�---- Arthur Anderson 13 N. Main #1 Ashland , Oregon Chris ood 121 Strawberry Ln . Ashland , Oregon July 5, 1994 Ashland City Council Ashland, OR 97520 RE: Drumming m Ashland City Parks Dear Council Members, The two recent drumming concerts in Butler Bandshell(June 18th and July 4th)have shown that there are two different forms of drumming taking place in Lithia Park. First,the musical drumming concerts in the bandshell are of a high quality and are clearly enjoyed by sizable audiences. They are an artistic asset to Ashland and should come under the same considerations as any other group that rents the bandshell and they should not be banned. The problem with the community has arisen because of the random, spontaneous,often endless drumming(sometimes occurring at midnight)that has occurred throughout the park in the past. This is usually attributable to a minority of drummers who disrupt the peace and ambiance of the park and surrounding neighborhood for many. These few have given dnmuning in the park a negative connotation and have brought about the banning of drumming in the park. It is very difficult to listen to drumming every day or for a period of more than two hours unless you are doing the drumming. Until a permanent place can be found for drumming perhaps the following suggestion could help the situation. There are eight city parks. Why not allow drumming in a different park each day for a two how period of time,for drummers of all levels? If need shows that a longer period of time is required then there could be a two hour morning session in one park and a two hour afternoon session in another. A schedule could be posted in each park,on the kiosks on the plaza and near Soundpeace and in the Tidings so that drummers are aware of where they can drum on a specific' day. Also, this will allow the neighbors to know when drumming is permitted in their neighborhood park and to plan their schedules accordingly. We hope you will consider our thoughts on this subject and that this compromise will make the parks enjoyable to everyone. Sincer , �j�t�ltS .54*/ Frances Sharkey Louise Samuelson 163 Granite Street, Ashland cc: Cathy Golden, Mayor Kcn Mickelsen,Director Ashland Parks and Recreation Deprtment Chris Wood City of Ashland PARKS AND RECREATION FACILITIES LITHIA PARK - Winburn Way; picnic areas, nature trail, tennis courts, playground. HUNTER PARK - Homes Avenue: tennis courts, ballfields, playground, Meyer Pool, community building. GARFIELD PARK - Corner E. Main & Garfield Sts.; picnic area, playground, water play. volleyball and basketball courts. YMCA CITY PARK - Tolman Creek Rd.; soccer fields, picnic tables—playground. GARDEN WAY PARK - Corner of Clark St. & Garden Way; picnic area, playground. GLENWOOD PARK - Corner of Ashland & Glenwood Sts: picnic area. SHERWOOD PARK . - Off Hwy. 66 on Sherwood Ave.; playground. RAILROAD DISTRICT PARK - On "A" St. between 6th & 8th; picnic shelter, playground, rose garden, 1/2 basketball court. To: Ashland City Council I have just recently been apprised of the petition presented by Arthur Anderson and Chris Wood. After reading the proposal, it became quite apparent that many misstatements appear.' First, the rule does not single out a single group.. The rule was written to include percussion instruments that do create a noise level beyond city codes and the well being of individuals enjoying the park ambiance. Second, the Commission worked very closely with the Ashland police to come to some kind of way to enforce tolerable. noise levels. Complaints were received, but as noted in.testimony from some of those who complained, they did not want to go to court. The police nor the Park Commission can force people to give a written statement. Third, the Commissions action was not on the impulse of a few complaints but testimony from people all over town who use the park system. Commissioners personally received phone calls from citizens who complained about drumming and the fact that they "appreciated someone's musical interest, but that their rights as a citizen to use the parks without the intrusive drumming had been sorely ignored Certainly the cross section of public opinion and the important history of Lithia Park were the deciding factors in deciding to ban drumming in Ashland's Parks. At no time, in any discussion, did the Commission attack cultural expression. The Commission feels that drumming can still be experienced by an individual . We have not tried to 'address drumming in any other location other than Ashland Parks . The Commission has, since our ban, worked very hard to come up with an out location for drumming. Unfortunately, we .have encountered many concerns from surrounding residents about using other park sights for drumming. In a continuing effort to find location for drummers, the Commissions work in cooperation with the Ashland School System has established an area where drumming will be allowed. The area is the open space field directly behind the Ashland Middle School. In establishing 'an area that has a park like setting for drumming, it is the hope of the Commission that this area will provide the outdoor experience that drummers are seeking. Last, as a Park Commissioner and an elected official, I would hope that the City Council will appreciate our decision and realize that we did not make this decision with a hidden agenda. Our oath of office states that we will protect the Ashland Park System and make decisions that enhance, safeguard, and maintain the greatest standard possible for the populous to enjoy as a whole. Patricia Adams, Park Commissioner To: Ashland Park and Recreation Commission Date: Lithia Park was developed to protect the natural woodland of Ashland Creek Canyon, and designed to provide a place of beauty in the heart of Ashland. In consideration hose who enjoy the traquility of the park, and in deference to its neighbors , public events and performances are regulated . Active parks are maintained throughout the community for a variety,.of recreational pursuits. In respect for the established tradition of Lithia Park, the undersigned are opposed to drumming in the park. We recognize that this is not a petition, rather an opportunity for us to express an opinion. July. 5, 1994 City Council of Ashland I am here to speak about the issue of drumming in the park. I know there is a history here over at least the last few months . I attended the drumming performance several weeks ago after which the ban was imposed, and I have been reading the letters to the editor in The Tidings. People seem to be seeing many of the issues I see; however I still wish to strongly add my voice to this process . Our government is supposedly by, for, and of the people, but because we are all human beings, we need to constantly fight to maintain that balance so decisions are not made by, for, and of the rich, influential, politicians, special interests, etc . The principles of our Constitution and Bill of Rights are one of our main protections of our ideal way of life. I believe that having two standards by which performances in the Lithia Park Bandshell are judged violates both the letter and the spirit of our Constitution and Bill of Rights. As at least one letter to the editor has pointed out, having differing standards leaves room for prejudices and fears to make community decisions . Certainly individual musical tastes have no validity in social decisions . The USSR lost many of its .greatest dancers because they could only dance ballet choreographed in- certain acceptable ways and coup not even explore other forms of dance at all . Having a different standard apply to the City Band and to other city sponsered performances and another standard to all other performances is the same thing. One standard must apply to performances in the Bandshell . Other issues involved in this are inclusivity, diversity, and creativity. Ashland has been formed by welcoming the creative people, the intellectuals and artists, and providing an environment in which they can express themselves . If this changes and we now only have certain approved forms of music or other artistic expression, the heart of Ashland will be changed forever into something very different . . . something that will probably stultify and die . I would rather see us embrace our city' s traditions of encouraging creative people and forms of expression. Obviously, living above the park, just like living next to OSF or the High School or College football fields, entails accepting certain conditions that all renters or buyers must consider before they make any commitments to live in those neighborhoods . Obviously, also, certain standards must be in effect in any community. I support one' uniform, fair, reasonable standard for all performances in the bandshell,. It might be based on a number of factors such as decible level-, hours of the day, days' of the week for performances and days of none, months of the year, etc . I also believe it is appropriate to consider having different standards apply in neighborhood parks vs . Lithia Park or the Bandshell . I hope a committee could be put together to form such a standard and a meeting or another discussion before city council to accept, modify, and endorse such a standard. I hope that is the decision you will come to tonight. In some instances Ashland does a great job of looking at issues like I have just discussed; we need to get back on track on this one and apply these same principles to other decisions that face us . Sincerely, Gwen C. Davies 860 Harmony Lane JULY 14, 1994 The Editor THE DAILY Tidings Some of the letters in the Tidings concernig drumming in Lithia park seem to. feel that the park should reflect the diversity of our community. I fail to see any connection. If this were the case we should certainly allow park privileges to our young citizens and their boom boxes. . To reflect the diversity of our adult population, perhaps we should scatter soap boxes through the park with bull horns attached to express their political and philosophical differences. Another misconception on the part of the pro-drumming advocates is that everyone who wants the park a Passive Tranquil Park hates drums. No such thing. I. and many of my friends love good rhythmic drumming, especially those danceable rhythms. Also the splendid rhythms of the Carribbean steel bands, or native African drummers, or a tabla drummer accompanying their chanting songs. The physical fact is that the park is located in a narrow canyon with natural acoustics that carries percussive sounds from one end of the park to the other. Drumming, carte blanche, disturbs the the soothing sounds of the creek, the wind in the trees, the conversation of ducks, as well as meditators, those who are reading or studying or maybe just having a quiet conversation with a friend_ Liit�thia/ park itself displays to us its enveloping diversity_ Marcie Mizerak . 316 Scenic, Ashland JUL 13 1s94 1� Ashland, OR July 11, 1994 Ashland City Council Ashland, OR Dear city Council Members: I understand that you will soon consider the ban on drumming in Lithia Park. I am convinced that you should uphold this ban. Drumming is noise pollution. I see no reason why people should be subjected to this against their will. (One is reminded of the problems of secondhand smoke. ) In fact, I see no reason why drumming should be allowed within the Ashland city limits. People who wish to make offensive noise for their own pleasure should go far out into rural areas to do so. Please ban drumming. Sincerely, Virginia Lemon 332 Hargadine St. Ashland, OR 97520 JUL y 1994 766 Palmer Poad. }[j Ashland , OR 99520 1_ July 12 , 1994----------- -.-- ------------— Ashland City Council Ashland, Oregon Let me add another voice to the great drumming controversy. As I see ft , there are two vastly different types of drumming. We all know drumming as part of a musical com- position. It is a vital and. welcome part of band and symphony concerts . Most of us love tt when the drums come in, authoritative, exciting, satisfying. Those concerts are usually once a week and only in the summer . A very different thing is the meditative, therapy type of drumming, the non-stop perpetual motion type of sound which for many people produces a transcendent exper- ience . I envy these people. But for me it produces , as does the thump of loud rock music, an absolutely "I gotta get outta here" experience . I cannot stand it. If I were the only one so affected, I 'd figure it was my peculiar problem. There are however, many others similarly affected . As in the realm of tobacco, I feel I have a right to breathe air unpolluted by other people ' s smoke , so in the realm of the auditory, I have a right to experience air unpolluted by other people ' s intentional noise . I go to Lithia Park for the outdoor experience of tall cool trees , running water, ducks in a pond, flowers, groves , soft white sounds at the most. If Lithia Park is a place for drumming, I have to stay home; it is ruined for me. ( W� �c CruY�c Lithia Park should remain a PARK - not a theme park, as demonstration park, an amusement park, a forum Fjusta real PARK; The Park Commission knew what it was doing when it banned drumming in the park. Let its decision stand. Sincerely, Joan Hertzberg JUL. 1 2 1994 i 445 Gran:W Street - Ashland, 'UR--`97520 July 9, 1994 Mayor Catherine .Golden City Council 20 E. Main Street Ashland, OR 97520 Dear Editor: In reference to the pending decision regarding regarding drumming in Lithia Park, we are writing to urge you -- implore you -- to keep in mind the purposes for which _ our beautiful and unique park was created and vote against any provision permitting drumming. Since we live on Granite Street, we obviously have a vested interest in this .issue. However, as others do, we go into the park when we're looking for quiet, tranquility and the kind of experience we don't find elsewhere in town, especially as traffic and noise increase everywhere. We understand that you as a governmental body are trying to encourage an environment that is accepting of diversity. However, we view this as an issue that, while it fosters the rights of one group, infringes on the rights of many. How does this issue differ from that of cigarette smoking? Noise made by one person can invade the auditory space of another as surely as secondary cigarette smoke is an invasion of another's breathing space. To compromise by allowing certain times of the day for drumming is to say that the park becomes the exclusive province of those few during those times of day. We are both musicians. We love music and appreciate the special qualities of drums. However; we would not consider taking our flute and viola into the park where they might disturb the peace of park visitors. Drums are even more invasive than other acoustic instruments. one can hear, and feel, the vibration at great distances. This is not an issue of "cultural diversity" and it is not an appropriate use of our park., . Please have the courage to say no to this special interest group. Perhaps a nonpublic place could be found for drummers to use. Thank you for your consideration of our letter. Yours sincerely, Su an Wiesenfeld and Ca 1 ufer A.4. i j July 13 , 1994 TO: Mayor and City Council City of Ashland FROM: Robert B . Reinholdt , 270 Skycrest Dr . , Ashland RE : Drumming in Lithia Park I request this letter be made a part of your file on the above captioned matter . As a former member of the Ashland Park Commission and its chairman for several years , and as a drummer since 1935, I feel I have an understanding of the .problem which has been presented to the Council and the Commission , and am qualified to leave you with my opinion . In addition , as a Trustee with the Fred A. Tayler Memorial Foundation which since 1988 has donated $101 ,828 for improvements to Lithia Park and with a current project which will involve an additional sum of $11 , 250 this year , I 'm well acquainted with parks ' operations . I feel the amount of money we have donated to the Commission speaks well for the confidence we have in their management abilities . I seriously question the Council ' s entry into this matter and feel that the question has been thoughtfully and thoroughly dealt with by the Park Commission . After all , Lithia Park, is a. gem in Ashland ' s crown and must be dealt with in a manner which recognizes the park as a passive place for rest and relaxation and not as a site for the entertainment of a few. I reject the notion that there is some esoteric psychological benefit to be derived from banging a drum in the park . If the Council decides to override the decision of the Park Commission , it will be an action unprecedented in Ashland ' s governmental history, flying in the face of a considered judgment made by a body specifically elected to manage the parks . In addition , the Council will end up being the arbiter of every dispute or perceived grievance that arises , from park operations from here on out . Our citizens and our visitors view Lithia Park as something very special . I know of no other issue at this time that could immediately cause an outcry and divide the community should the Council decide to impose their views over those of the Park Commission . It appears to me the Mayor and Council have many problems occurring, outside the confines of Lithia Park that need solving and I would respectfully request you leave park management to the Park Commission . cc : Alan Alsing �nr lr'n: r JUL 14 1994 July 12,. 1 Mr. Brian Almquist "--`--- --------------- City Administrator 20 E. Main Ashland, Or 97520 I maybe out of town on the night of July 19 when the issue of drumming in Lithia Park is to be reviewed by the City Council and I want to express my views for the record. My wife and I live at 152 Strawberry Lane, just up the hill from the bandshell. The noise from drumming at the band shell reverberates throughout our property and because of the loudness I have to go inside and shut all windows and doors or leave the area. I don't believe I should be forced to make these choices. I was in favor of the policy of trying to reach some compromise with the drummers. However, based upon their actions when they had a permit to drum and were requested to tone down the volume and responded by bringing more drummers on stage to increase the noise, I am in favor of the ban. The drummers demonstrated a complete lack of concern for the rights of the residents of the neighborhood who object to the loud drumming, abrogated their contract with the Parks & Recreation Commission, and defied the police. Based upon these actions, I strongly urge the City Council to maintain the ban! Sincerely, g Larry Bressler CITY ATTORNEY CITY OF ASHLAND 20 EAST MAIN STREET (503) 482-3211, EXT. 59 MEMORANDUM July 13, 1994 To: Mayor and City Council From: Paul Nolte Subject: Application of Americans with Disabilities Act (ADA) to walkway from Clark Avenue to Siskiyou Boulevard (PA #94-056, Don Greene) At the public hearing before the council regarding this planning action, an issue was raised regarding the requirements of the ADA for the existing footpath on the property. 1. Requirements of the ADA if the footpath is dedicated to the public: If the footpath is dedicated to the public and improved in any manner, it must meet ADA requirements'. 2. Requirements of the ADA if the footpath remains private: If the footpath remains private, the ADA does not impose requirements to meet disability standardS2 but ' 28 CFR § 35.151 requires each "facility . . . constructed by, on behalf of, or for the use of a public entity shall be designed and constructed in such manner that the facility . . . is readily accessible to and usable by individuals with disabilities . . . .° A "facility" is defined for purposes of the ADA as °all or any portion of buildings, structures, sites. . . . roads, walks, passageways, parking lots . . . .° 28 CFR § 35.104 (Emphasis added.) An analysis published by the U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice in Americans with Disabilities Act Handbook adds that a °facility° includes °both indoor and outdoor areas where human- constructed improvements, structures, equipment, or property have been added to the natural environment." P For private ownerships the ADA prohibits discrimination non the basis of disability in the full and equal enjoyment of the goods, services, facilities . . . or accommodations of any place of public accommodation." 28 CFR § 36.201(a) (Emphasis added). "Facilities" has the same definition as set forth in footnote 1. 28 CFR § 36.104. The pathway would not be a °place of public accommodation," however, because it does not fall within one of the twelve enumerated categories specified in the act. Those twelve categories include hotels, restaurants, theaters, auditoriums, retail and service establishments, depots, museums, parks, schools, social service centers and gymnasiums. MEMO TO MAYOR AND CITY COUNCIL JULY 13, 1994 PAGE 2 Title 31 of the State Structural Specialty Code (the Uniform Building Code as modified by the State) may (see paragraph 3 below). 3. Requirements of the State Structural Specialty Code (UBC) if the footpath remains private: To meet the.accessibility requirements of this development an accessible route must be provided from the lower (and only) parking lot to the apartment units on the upper level off Clark Street. If the pathway is the accessible route then it must meet ADA standards as incorporated in Title 31 of the UBC3. (A waiver of this UBC requirement is possible, however, under ORS 447.250.) a:do��atr�.�l 3 Title 31 of the UBC is intended to implement the requirements of the ADA in Oregon. Nevertheless, the requirements of both the ADA and the UBC must be followed. Because the city's zoning code requires parking to be provided with this housing development, the parking area must meet disability standards incorporated in Title 31. See § 3104(a). An accessible route is required from the accessible parking area to the accessible building entries. See § 3104(d). Since the parking lot is on the lower level of this development (off Siskiyou Boulevard) and there are building entries on both the lower and upper levels (the upper level is off Clark Street), an accessible route is required from the lower level to the upper level building entries. of ASA(,•.,,, EZttartt-ndum �4F6o� • i . . , _ June 30, 1994 V1 II• Brian Almquist, City Administrator ram: Steven Hall, Public Works Director p�lI�jEtf: -Work Session - Wastewater.Treatment Plant Facilities Plan ACTION REOUESTED City Council select a date for a study session to'review: I. DEQ evaluation of the effect of Ashland meeting established TMDL's on salmon fish habitat and overall biological enhancement of Bear Creek. 2. Reliability and consistency of Howard Prairie municipal and industrial stored water rights. 3. Determination of DEQ requirements for modeling/pilot testing wetlands and soil filtration systems. (This may include estimated costs.) 4. DEQ requirements for simulation of model/test flows from was water ftmftnaa plant to pilot wdbnds/soil filtration tests. 5. Report from Oregon Water Resauoes Department on water replacement issues. The repott includes legal, political and practical analysis and conclusions. 6. An evaluation of environmental benefits of each option under consideration. 7. An evaluation of the options based on how "experimental" each may be, based on c unent information. 8. Reconsideration of options previously rejected because of the Talent Irrigation Districts initial mfusal of Ashland's proposal to commingle heated effluent with TID iaigation water. The MD Board of Directors Ins expressed an interest in working with Ashland if a Class IV effluent is produced and polished through a wetland. 9. Review minutes of meeting in Eugene with the Governor's office(Anne Squier),Oregon Departments of Environmental Quality,Fish and WMife,Wafer Resources and Agriculture,2050 Committee,RVCOG and Ashland. 10. Discus process to reach a final selection of the preferred alternative to meeting established TM DL's in Bear Creek. BACKGROUND See memorandum submitted to City Council at June 21st meeting. A packet of information will be available at the July 5th City Council meeting which will provide a basis for discussion of issues outlined above. If the Council has other items they wish to discuss, please let Caralyn.or I know of your wishes. cc: Dennis Barnts, Water Quality Superintendent Dick Marshall, Wastewater Plant Supervisor Jim Hill, Medford Wastewater Reclamation Administrator Marc Prevost, RVCOG Water Quality Coordinator Gary Schrodt, Ashland Wetlands Coalition Nancy Abelle, Ashland Clean Air Coalition Klaas Van de Pol, League of Women Voters Date: 8-Jul-94 17:42 From: STEVEH (Steve Hauck Council) To: BRIAN Copies-to: PEGGY,RHONDA Subject: SOREDI/SOEDD Importance: HIGH Message-id: F58FlD2E01AEAEAE BRIAN: Per the information 'in your monthly report and todays (July 8) Mail Tribune article on the probable merger between SOREDI and SOEDD, I would like you to place this item on our next council agenda. This would be to- discuss this merger and what effect our recent budget decision to drop funding to SOREDI will have on our participation and influence in this new setup. It may be that we should reconsider this decision. Representatives . from SOREDI/SOEDD and our representative, Mary Lee Christensen should be invited. Steve H r' gaga o,n$': o y E vow, e a; ry wa c'-y fc v C�_mmm c mc °u E ac `oV c yuc'o H pc `° d ° mLUi �iO lam' Od u amZ and o cy p u 3 y "E y o 1\ ACpd > 0-.- o Q w � y�N dL �N O �CJ Td ° A Go E� >pnCo'? '> od Lryajvi vw "m'c� .d. \C' W EE E o..i0-. .-T' � �a� C E$ o.dacn d�oomr a, `u'Ery mo cyoum Eyce E E aio .. E m020 ` .. cc c Q.- o .. E Em. E ° d :_ r.. ° � g --D a ao ° o r ay b'c Cu��u VcY Ok. F mO1 a o2� c �W wow K . �Iml - mL ma>i � �� y0dau. e Ea� d� �o= '° QNE ,dn v aa�ao ova 3 ar� $ o L�nm $ 3`o c�0e cais � Eomau ran c °�." c�°"0':aEw Wcwv EmLV cd5LL m d o E A u d O v a a Ey3 > aA°° wLV.Ero dv dwFc v Ko` .o C y O vdi 1 Eya,O yL ° � and Y.°jL y0a Fc'a.E: nu C °^°'L O ` cco .°_F me 0OO93 L`-N �i+ iEw..'' � °' °� c'.: m v� y mo c .i0. is E'O W:; �L °`V$ 3 C E oj: ;ad Nc3 $Go Noy a Z` v mo,o`5c .. by dap o `._ cdE y8i_ pm E . °'9L.+L+ itlW V 'o^w > OOO� b mod pi-1 vov ti°, EoV rnmmc t° a` W dL 6v- c m3m ° ovO .v. `oo E:: mC yiao �um Fias t m: m m c m E._ y r r c o d T a d i: > m � m;vpw caEcyy oL� c�m 0 3 vc u aw�pm m-° pcu"� vy `b t03S ° E:;�`tr »o.mmm Anna aW �5 wa csa E�� E vt4 cc 0"ae6a ,E Eu m?cojJ H �W¢ A ,n.o E'E uV COa� E O �_. � Ew `i0' E E ° cm hG yco• vUac3cv y . ma o `o � „ EW my 3 °" catg r y -'E y m ao acy me v ° d w.n93 nE � ETg odvop nE Ce g it L A .o_aa v wx �,o_ yx' � sr mN� E Yb, EF O3 = vc awcroa E tL AW,,; .°,a3o Ec o °nS LdEaL of v Emc 3-� v�n a� ore aL VEo yavv Lm" L o n a a p.+ - u .". yE a = d.., e E > ELL c .d. dm O Sdv o F" c .. u `�' v � � �oW and Svoc" NUd V `o � py `u' o o - 6 �'c E ,u w y E oc r w ;° Z-m yn co WE' o NF, c y w v _Y W'3c 0EF ¢ :Cea o m-• ' V no > vE On yy0 E E aa -ME. °C3ua a 'ac` Io „ Q a E E y OO o, Ai- ED .d. mOy WE vim m amv =�E;] 'c o a E . yoa'S&maoy y °A go C -LaO E c .e. <� oyIvEO� mo' 3� o � EO E vc .M �L' v° 3 aL NUm Fu� tO O ° Cdt oy00y F V °O oy ER FNL T- m o m O m CITY ATTORNEY CITY OF ASHLAND 20 EAST MAIN STREET (503) 482-3211, EXT. 59 MEMORANDUM July 14, 1994 To: Mayor and City Council From: Paul Nolte Subject: Amendments to Charter and Code Regarding Sale of Water Outside the City Limits. Councilor Laws has suggested some charter and code amendments regarding the sale of water outside the city. The code amendments are attached. The charter amendments are set forth below. To make the November general election, the notice of election to amend the charter would have to be submitted by September 8, 1994. PROPOSED CHARTER AMENDMENT ANNOTATED TO SHOW DELETIONS AND ADDITIONS. DELETIONS ARE 1 1N€B-THRANGH AND ADDITIONS ARE Article XVI, Section 1. Public Utilities - Water Works. The City of Ashland, a municipal corporation, shall have the power to provide the residents of said City with such services as water, sewer, electric power, public transportation and such other public utilities as the people desire by majority vote; and to exact and collect compensation from the users of such public utility; provided, however, that any and all water and water works and water rights now owned or which may hereafter be acquired by said City, for the purpose of supplying the inhabitants thereof with water shall never be rented, sold or otherwise disposed of; nor shall the City ever grant any franchise to any person or corporation for the purpose of supplying the inhabitants of said City with water. �'tt@:. �.:)•e; :6�,�-a.:' «��„Ti�:=is 'i'.�BtE�rtitlitil�a�ki3�:;"., .P_ �;.... n:.:.::. @T1?'� M, .. E...,.°„. .:Vo ,'R,'�' >'°>'�34,•'.'�a+.`,y<gk.:�Q .a y R.'2,`3 's e'�.m"oo.`�'M�,'..'r.e.>".^ru`a`.'`E7 s..ei�`pm(x�i���''yF s}��a54 t"'!WWg�"w. >.�5 1E- n ....... IDo. e��� MEMO TO MAYOR AND COUNCIL JULY 14, 1994 PAGE 2 I��rpr��ti»rts�s�t;de�ems necessary ssr�Ey�?'flE'�at+��t�;��'S�'t�ut�ihes�der vis� ii :. . ... (P:ord\cn-we[w.m" - ORDINANCE NO. AN ORDINANCE ESTABLISHING CONDITIONS FOR THE SALE OF WATER OUTSIDE THE CITY LIMITS THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The following section 14.04.050 is added to the Ashland Municipal Code: 14.04.050 Connection - Outside City. Inside Urban Growth Boundary. Premises located outside the City of Ashland and inside the urban growth boundary may be connected to the city water system when such connection is determined by the Ashland City Council to be in the best interest of the City of Ashland and to not be detrimental to the City's water facilities. Such connection shall be made only upon the following conditions: A. The applicant for water service pay the water connection fee and the systems development charges established by the City. B. In the event dwellings or buildings connected to the water system are subsequently replaced for any reason, then the replacement building or dwelling may continue to be connected to the water system of the City as long as the use of the water system will not be increased as determined by the Director of Public Works. C. There is an existing Ashland water main or line to which the premises can be connected. D. The applicant furnish to the City a consent to the annexation of the land, signed by the owners of record and notarized so that it may be recorded by the City and binding on future owners of the land. E. The applicant shall provide for the payment to the City by the owners, at the time of annexation, an amount equal to the current assessment for liabilities and indebtedness previously contracted by a public service district, such as Jackson County Fire District No. 5, multiplied by the number of years remaining on such indebtedness, so that the land may be withdrawn from such public service districts in accord with ORS 222.520 and at no present or future expense to the City. F. The owner shall execute a deed restriction preventing the partitioning or subdivision of the land prior to annexation to the City. .. G. The premises are within the Urban Growth Boundary. H. The property owner shall execute a contract with the City of Ashland which provides for payment of all charges connected with the provision of water PAGE 1-ORDINANCE (p:mAweterupb.Ord) service to the property; compliance with all ordinances of the city related to water service and that failure to pay for charges when due shall automatically become a lien upon the property. A memorandum of the contract shall be recorded in the county deed records with the cost of recording to be paid by the property owner. SECTION 2. The following section 14.04.060 is added to the Ashland Municipal Code: 14.04.060 Connection - Outside Urban Growth Boundary. Premises located outside the urban growth boundary may be connected to the city water system when such connection is determined by the Ashland City Council to be in the best interest of the City of Ashland and to not be detrimental to the City's water facilities. Such connection shall be made only upon the following conditions: A. The applicant for water service pays the water connection fee and the systems development charges established by the City Council. B. The connection is for the use and benefit of dwellings and buildings completed and existing on July 1, 1994. C. An Ashland water main or line exists within 100 feet of the premises. No water main or lines will be extended to serve properties outside of the urban growth boundary. D. The applicant shall secure, in writing, a statement from the Environmental Health Division, Health Department, Jackson County, Oregon, that the existing water system for the premises has failed. E. The applicant shall secure, in writing, a statement from Jackson County that the provision of water by the City of Ashland does not conflict with the Jackson County Comprehensive Plan, support documents, rules or regulations. F. There is no other feasible source of water for the premises. G. The property owner shall execute a deed restriction on the property that states that no further buildings or additions to existing buildings shall be connected to the water service. H. The property owner shall execute a contract with the .City of Ashland which provides for payment of all charges connected with the provision of water service to the property; compliance with all ordinances of the city related to . water service and that failure to pay for charges when due shall automatically become a lien upon the property. A memorandum of the contract shall be recorded in the county deed records with the cost of recording to be paid by the property owner. PAGE 2-ORDINANCE (o:crakwatmub.ord) The City Council may also provide water service outside the urban growth boundary by special contract under such terms and conditions the Council deems appropriate when such connection is in the best interest of the City. PAGE 3-ORDINANCE �n:«mwac«wn.o,a� emorandum June 16, 1994 I t I 1110. Mayor and City Council i i C29 rom: Mike Broomfield llCijEtt: NEW PARK TRAILER INSTALLATION AND SITING STANDARDS U i Effective January 1, 1994, the Oregon Building Codes Division will be enforcing Oregon Administrative Rule 918-530 for installation of park trailers. Like other Oregon specialty codes, the park trailer standard is preemptive statewide and cannot be amended or added to by local municipalities. Unlike the other specialty codes, however, the standard is only enforceable within State jurisdictions and those municipalities.who have specifically adopted these standards through local ordinance. Unlike the Oregon manufactured home installation standard, the new park trailer installation standard is a stand alone document and is not secondary to the manufacturers installation instructions. The new standard only applies to park f trailers which are over 8-1/2 feet wide. If you have questions regarding these requirements, I will be present at your t July 5, 1994 City Council Meeting. f i ORDINANCE NO. AN ORDINANCE ADDING SECTION 15.04.110 TO THE ASHLAND MUNICIPAL CODE TO ADOPT OREGON PARK TRAILER INSTALLATION STANDARDS, RECREATIONAL VEHICLE ACCESSORY STRUCTURE AND ACCESSORY BUILDING STANDARDS AND OREGON RECREATIONAL VEHICLE SITING STANDARDS; PROVIDING FOR THE ISSUANCE OF PERMITS AND THE COLLECTION OF FEES. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:,, SECTION 1. Section 15.04.110 it added to the Ashland Municipal Code as follows: S ct on 1504 110 Park Trailer and Recreational Vehicle Standards. A. The following standards are adopted by reference, and each standard is incorporated'and made part of this chapter, except,aS specifically provided*by this section. ., 1. The State of Oregon Administrative Rules-(OAR) for recreational-vehicles (RV), parli_trailers and RV!accessory structures as of January 4, 1994,>as follows' OAR 918-525-005 Definitions OAR 918-525-040(6) Park Trailer Installations . . OAR 918-525-040(7) Recreational Vehicle Siting OAR 918-525-MM Recreational Accessory Structures OAR 918-525-310(4) Required Inspections OAR 918-525-310(5) Inspection Fees OAR 918-525-020 Notice of Violations OAR 918-525-350 Alteration and Repair OAR 918-525.370 Permit Requirements OAR 918-525-410 Insignia Requirements OAR 918-525-420 Insignia Not Required OAR 918-525-510(23) Park Trailer Installation Fee OAR 918-525-510(24) Installation Reinspection Fee OAR 918-525-520 Additional OAR 918-530 Trailer Installation Standards OAR 918-535-010 through 918-535-050 RV Accessory Structure Standards. OAR 918-525-070 RV Fire Protection Standards 2. Permit required. No person shall install a park trailer over 8'/z feet wide nor work on a park trailer, recreational vehicle, cabana, or RV accessory structure for which a permit has not been issued by the city. B. A person affected by a ruling of the building official may appeal the ruling to the Board of Appeals established pursuant to AMC § 15.04.200 within 30 days of the ruling with further appeal to the State Manufactured Structures and Parlcs,Advisory PAGE 1-PARK TRAILER/RECREATIONAL VEHICLE ORDINANCE a:«mtr�i�.o ei Board. The City recognizes that a person may request a ruling from the Administrator of the State Building Codes Division prior to submitting an application to the city for a permit or after withdrawing a previously submitted application. C. In addition to any other authority and power granted to the building official or delegated inspector, except where inconsistent with other provisions of the law, the building official or delegated inspector may enforce the provisions of the Oregon Administrative Rules against any person regardless of whether a permit, certificate, license, or other indicia of authority has been issued. The building official or delegated inspector may investigate, order corrective action, and if any immediate hazard to health and safety is imminent, issue and order to stop all or any work under the applicable Oregon Administrative Rule. D. It shall be unlawful for a person, firm, or corporation: 1. To erect, construct, enlarge, after, repair, move, improve, remove, convert, or demolish, equip, use, occupy, or maintain any recreational vehicle accessory structure, mechanical system or equipment, plumbing system or fixtures, electrical system or equipment, or cause or permit the same to be done in violation of an Oregon Administrative Rule adopted in this chapter. 2. it shall be unlawful for a person, firm, or corporation to construct, erect, after, repair, move, improve, convert, use, occupy, or maintain any park trailer installation or permit the same to be done in violation of an Oregon Administrative Rule adopted by this chapter. 3. The provisions in this section and the penalties provided in AMC § 15.04.230 are in addition to those remedies established for trades licensing under ORS 446, 447, 455, 479, and 693 and more specifically ORS 446.990, 447.160, 455.895, and 693.190 penalty provisions. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of , 1994, and duly PASSED and ADOPTED this day of 1994. Nan E. Franklin, City Recorder SIGNED.and APPROVED this day of 1994. Catherine M. Golden, Mayor Approved as to form: Paul Nolte, City Attorney PAGE 2-PARK TRAILER/RECREATIONAL VEHICLE ORDINANCEjp:ormrrder.�a Armoran >� nm p4EGp� July 11, 1994 a: Brian Almquist, City Administrator ram: Steven Hall, Public Works Director 1t�IjEC#: Transportation/Storm Drain Utility Rates ACTION REQUESTED City Council adopt the attached resolution increasing the Transportation Utility Fee to cover expenses for the Rogue Valley Transit District (RVTD) subsidized fare in Ashland. BACKGROUND The City of Ashland, Southern Oregon State College, RVTD and the Oregon Department of Transportation worked together to provide a no Bost fare for SOSC students throughout the RVTD system and a$0.25 in City fare for Ashland, with 15 minute service. The original in City fare was$1.00. The City provided$20,000 SOSC $8,000 and ODOT $52,000 for this program. The program was extremely suocesdul and had an impact by reducing automobile traffic in Ashland. For the first 12 months of the program,it is estimated that 18,000 vehicle trips were removed from City stress and SOSC student ridership rose from 12,000 to 61,000. It is rattier unforhaiate that ODOT could only participate for one year in this highly suooess[id program. Federal regulations will not allow a oontinued "subsidy" for fares. I find it ironic that the Federal regulations do not allow a "credit" for benefit gained. If they would, the subsidy issue would be moot. The increase in the Transportation Utility Fee is partially the inflation increase as approved in the existing resolution. The balance of the increase is to pay for the bus fare program in the amount of$50,000. This was approved by the Budget Committee and City Council. Initially,it was assumed Ashland's share would be$72,000[$20,000 subsidy,$52,000 grant replacement]but Don Laws worked with Doug Pilant of RVTD to produce a"net"increase in cost to RVTD of$50,000. The analysis of the increase in cost is on the attached sheet. The Storm Drain Utility Ordinance and rate resolution will be presented to you at the July 19th City Council Meeting. Staff recommends approval of the attached resolution. cc: Jim Olson, Assistant City Engineer Jerry Glossop, Street Superintendent Enc: Resolution w/Exhibit A Fee Increase Computation Bus Program Cost Analysis RESOLUTION NO. 94- A RESOLUTION ADOPTING A TRANSPORTATION AND STORM DRAIN UTILITY RATE SCHEDULE PURSUANT TO SECTION 4.26.020 OF THE ASHLAND MUNICIPAL CODE. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The 'Transportation and Storm Drain Utility Rate Schedule" marked "Exhibit A" and attached to this Resolution is adopted as the transportation and storm drain user fees. SECTION 2. The rates adopted on "Exhibit A" shall be increased annually on July 1st, based on the Engineering News Record Construction Cost Index (ENR). The initial ENR is established at 5407.89. The City Administrator will provide the City Council with a review of the rate structure within 5 years from the date of this Resolution. SECTION 3. Three (3) copies of this Resolution and "Exhibit.A" shall be maintained in the office of the City Recorder and shall be available for public inspection during regular business hours. SECTION 4. The rates adopted pursuant to this Resolution shall be effective on or after August 1, 1994. SECTION 5. Resolution 92-17 is repealed on the effective date of this Resolution. SECTION 6. The fees imposed by this Resolution are classified as not subject to the limits of Section 11b of Article XI of the Oregon Constitution (Ballot Measure No. 5). This.resolution was read by title only in accordance with Ashland Municipal Code§2.04.090 duly PASSED and ADOPTED this 5th day of July, 1994. Nan E. Franklin, City Recorder SIGNED and APPROVED this day of July, 1994. Catherine M. Golden, Mayor Reviewed as to form: Paul Nolte, City Attorney Ic:1&W%fftatmf".m"ml a . EXHIBIT A Resolution 44- city of A5nl acid Btr'et'$torm iJt Iiity • irilat2 of uadateS isst Male: 06124 194 nsiE i)7101/44 ITEM FEE UNIT r` :Y.,W I Ohl A. single Family Residential 31.21 /month B: MultinIe Family ;kilts $1.34 lmmth Setall Stores $0.24 il;k) 54 ";olesaie Users $0.14 11N r _. _'irE !sec $li.i) 111e1 S. D_-1tai Li5Er5 $41."L• I100 Sf _. _,er•r.ts Users KI.-2 ilf�li s11 =LLrEnts and Bar 11SE c $0, 1Oil e. .-. . turinm users 1;1.14 /100 s rarehoa5ing Users $O.Og +•(10 5f oral and all $0.64 ;row no- !T-Tt: Lis 9,S wlth'.G ..s Dowrmwo iverlay District SMI t 'rnsrOEd On 'he SHE DESL e5 elsewhere within Lne city. . .._._.._., -ee tur ary cnT, c;-' arrnun.t 2. _=;ilk: TRANBFORTATIMd . A, Z.rigl Family Re- L-: $l i, /with B. kiltiple Family Units $0.16 /manth etail Bore $0.fn /100 5; D. thoieeale Users $0.(12 /ICK, Sf c. Office L!sers $0,(12 11 G0 sf F< Medical/Dental Users $0.0'• /100 sf B. Bervice Users $O,o3 1101 Sf '. Restaurants and Ear Users $0.08 /100 Sf ;. Manufacturing Users $0.02 iI ) sf J. Warehousing Users $0.01 /100 sf Hotel and Motel User $D.OB /room L. Institutional and all $0.00 /row other a¢ounts not classified above NICE: Users within the Downtown Overlay District'Shaii b charmed on the same basis as elsewhere within the City. minimum fee for any commercial account is $0., . � . � . . mm : : mmm� . :9 , »w . gym . . Updates ,,7i moms .Egp 7 orl A . 3 � . . : 1=..1, . U s » : eK, +9 +mm m» ma E m oq I Pi a m9 m ! : mae m6a eY m e : e . Fam 4> we cm .m.! E ma _; w Tr a 1:e!- mrPl ee¥ � " . . / ! r-d MsHtuLuul-1 M . \ _ s/ f LU ; .. � . FOR 1TYM51 Lis' 'L�-date z )6120194 > . $ Est mlmzl ! Ugk Is > » :o .» $7,945 a , kin RH% S.» t= %m P» . fouTtatim 5 SIQU := Gw *%w . . ferfal Two U 6 » W E e• am monwmaim Gw R= SM2 $16,W2 : m at i m $« is sjmt.1 «« e , mwe9 » m $344,50v m. 9 ,e & » W %a Ge me mess » e AS 9w Use 91WE Afly IOWA! FEE as a bans. . FEE ! Est » ! 1 999 » hanxGual Net cz t» mob m . a , ma m, c= tx r= : $m tnul, TOTk\�.F a . //Tr y P a'-INCREASE FOR F . sm « c, . RESOLUTION NO. 94- A RESOLUTION DEDICATING PROPERTY FOR PARK PURPOSES PURSUANT TO ARTICLE XIX, SECTION 3, OF THE CITY CHARTER (GUNTER PROPERTIES) . THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The land described on the attached Exhibits A and B is dedicated for park purposes pursuant to Article XIX, Section 3, of the Ashland City Charter. This resolution was read by title only in accordance with Ashland Municipal Code S 2.04 .090 duly PASSED and ADOPTED this day of , 1994. Nan E. Franklin, City Recorder SIGNED and APPROVED this day of , 1994. Catherine M. Golden, Mayor Reviewed as to form: Paul Nolte, City Attorney PAGE 1-RESOLUTION DESIGNATING PROPERTY FOR PARK PURPOSES (GUNTER PROPERTIES)(p:pub*=w.m) IA-59790 EXHIBIT A TRACE A - Beginning at a point on the east line of North Mountain Avenue, which paint bears 30.0 feet Fsst and 692.70 feet North of the aoutheest corner of Donation Land Claim No. 41 in Township 39 South, Range 1 East of the Willamette Meridian in Jadcam County, Oregon;"thane North 89'30' Fast 156.20 feet; thence North 169.30 feet; thence South 89'30' West 156.20 feet; thane South 169.30 feet to the point of beginning. Ml de 5-1, Account #1-5115-4, Map #391MM, Tax Eat 4200) TRACP B - PARCEL I - Commencing at a 5/8" ixxn pin located at the nnruwe t comer of lot Thirty-sevai (37) of Ashland Acres, amorlding to the official plat thereof, ro w of record; thence South slag the west 11ne of said Lot, being also the east lire of Mountain Avenue, 367.52 feet to the west-souttagest miner of that tract described in instrument recorded as No. 71-13153 of the Official Records of Jadrsm County, Oregon for the true Point of beginning; thence continua South 0.04'50" West (Record South) aleng'said line, 320.00 feet; thence East 647.62•feet, more or less, to a point on the southerly line of said tract described in deed recorded as Lbanent No. 71-13153 said Official Records; thence along the southerly line of said tract, the following courses: North 44.32'00" East 325.48 feet, North 72.21'20" West 132.49 feet and North 80.43'10" West 296.53 feet to the true paint of beginning. (Code 5-1, Amount #1-5066-1, Map #391ED4Aru, Tax Lot #300) PARCeI, II - Commencing at the southeast COMer of DOnatim Land Claim No. 41 in Tawlsmp 39 South Range 1 East of the Wi u n&wtbB Meridian in Jackson County, .Oregon; thence ce North 0104150" Fast (Record North) 570.10 feet; thence East 30.00 feet to the east Hine of Mountain Aver we and the true point of beginning; thanes mntirue East 581.20 feet; there . South 211.70 feet; thane East 475.90 feet to the meandered lion of Bear Creek as it appears in deed recorded in Volume 96 page 198 of the Deed Records of Jackson Conty, - Ora3an, being also the swduesterly line of Lot Thirty-seven (37) of Ashland Acres, according to the official plat thereof, now of record; thence along said line, the following musses: North 08'15'00" West 4.30 feet, North 39'29100" West 140.00 feet, North 04'20100" East 191.90 feet to the most southerly line of tract described in deed recorded in Doamart No. 71-13153 of the Official Records of Jackson County, Oregon; thane Wrest, along said southerly lire, 9.70 feet to the most southwest corner of said tract; thence continue a.lmg the fly line of said tract, the following oases: North 53'41'00" West 122.20 feet, (Record 120.20 feat), .North 56.18'00" West 229.06 feet, North 44.32'00" West 49.38 feet; thence leavirg said sarulesterly line, West 647.62 feet, more or less, to the east lire of Mxmtain Avaom Said point being North 0.04'50" Fast 896.70 feet and Fast 30.00 feet from the southeast corner of said Dmatim Land Claim No. 41; thane South 0'04'50" Wrest (Record South) along said east line, 34.70 feet to the . northwest corner of tract descried in inStrwMt recorded in Volume 499 page 372 of the Deed Records of Jackson Canty, Oregon; thane North 89°30'00" Fast 156.20 feet to the . northeast comer thereof;'thence South 169.30 feet to the southeast ro er thereof, located an the north lire of tract described in instrument recorded in Volume 499 page 371 . of the Deed Raoeds of Jackson County, Oregon; thence North 89.30100" Fast, along said . Lim, 146.90 feet to the northeast comer of said tract; thane South 111.80 feet to the southeast corner thereof; thane South 89.30'00" West along the south line of said tract, - 303.10 feet to the southimst Corner thereof, located on the east lire of Mountain Avenue; thence South 0.04'50" West (Rec rd South), along said east line, 10.80 feet to the true point of beginning. (Code 5-1, Account #1-05114-8,. Mp #39JE04m, Tax lot #100) (Code 5-8, Ao=mt #1-11369-9, Map #391BDdM, Tax lot #100) Joduon Counly, Orapai Rea xded omaAL RKORDs '.'/a JUN 0 3 1994 YN KATHLMN s. mocErT CM and RECORDER r� wm- d� � • 94=211,130 I.A-59874 - EXHIBIT B Beginning at a point on the east line of North Maintain Avenue, which point hears 30.0 feet Ea§t and 580.90 feet North of the southeast corner of Donation lard C,lai. No. 41, Township 39 South, Range 1 East of the Willamette Meridian in Jackson County, Ooego i; thence North 111.8 feet; thence North 89.30' East 303,10 feet; thence South 111.8 feet; thence South 89'30' West 303.10 feet to the point of beginning. (Code 5-1, Acc0unt #1-5116-2, Map 439lE4DD, Tax Lot #300) Subject To: . 1. The effect of said property, or any part thereof, lying within the Talent Irrigation District, and subject to all water and irrigation rights, easements for ditches and canals, and all regulations of said District, including any and all assessments, liens and - charges assessed, and to be assessed. jo&an Cb my, Ore-pm Recorded OEHOAL RECORDS JUN 0 3 1994 7°M KATHLEEN & BECKEfT .GLHtK and RECORDER BDUh �REGO July 12, 1994 D: Brian Almquist, City Administrator (19 ram: Steven Hall, Public Works Director �ubjt?Ct: Ordinance-Storm Drain Utility ACTION REQUESTED City Council adopt the attached Ordinance setting the framework for the Storm Drain Utility in conformance with Oregon state law and legal precedence. (NOTE: The ordinance has been published and needs to be read by title only.) BACKGROUND ' There have been several cdhallenges to street and star, drain utilities over the last decade 'Ibis form of utility is common throughout cities in Oregon, Washington and Idaho. I am sure more states use this form of utility as it is often the subject of national meetings I have attended. Recently, the City of Roseburg went tuo*a legal chhallenge to their storm drain utility and withstood the legal challenge. Roseburg is the most recent litigated storm drain utility and was used as the basis for Ashland's new storm drain utility ordinance. One of the major changes is the method of computng the fee. Cunwdy, Ashland's storm drain fee is based on the water meter size for the individual home or business. This was one of the methods used early in the formation of the utility. The commonly accepted method for computing storm drainage fees is based on "impervious area". Impervious area is the measurement of all hard surfaces on an individual parcel of land such as roofs, driveways,parking lots and sidewalks. This methodology has withstood many legal challenges. City staff has spent the last several months gathering information on impervious area for each commercial and industrial property in Ashland. Each single family residence is based on an impwmm area of 3000 square feet as an "average". This is a figure used by many cities including Roseburg and Medford. For multi-family units,2 through 9 units, several typical units for each shze were measured and the average use for each multi-family unit in this category and range. Those multi-family units of 10 or more units were each individually measured as were all commercial properties. For the larger units, such as Southern Oregon State College, maps or aerial photographs were used to compute the impervious area. If any commercial or industrial property owner disagrees with the computation, there is a method for correction within the system. Another issue that was critical in the legal challenges of storm drain utilities was the exemption for a parcel of land that does not drain into a public storm drainage system. An example would be properties that abut Ashland Creek or Bear Creek and do not utilize public storm drainage facilities. There is an,exemption for such cases. These will be handled on an individual request basis. Paul Nolte and Jill Turner have reviewed the proposed ordinance and recommend approval. The resolution and rate structure will follow within the next 30 to 60 days. Computations are being completed at this point in time. Enc: Proposed Ordinance ORDINANCE NO. AN ORDINANCE ADDING CHAPTER 4.27 TO THE ASHLAND MUNICIPAL CODE CONCERNING THE ESTABLISHMENT OF A STORM DRAINAGE UTILITY AND STORM DRAINAGE UTILITY FEES. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 4.27 is established in the Ashland Municipal Code and shall read as follows: Chapter 4.27 STORM DRAINAGE UTILITY Sections: 4.27.010 Findings. 4.27.020 Definitions. 4.27.030 Storm Drainage Policy. 4.27.040 Establishment of a Storm Drainage Utility. 4.27.050 Establishment of a Storm Drainage Utility Fee. 4.27.060 Storm Drainage Utility Fee--Dedicated: 4.27.070 Billing for Fee. 4.27.080 Enforcement. 4.27.090 Administrative Review--Appeals. 4.27.100 Notice of Decision. 4.27.110 Exemptions. 4.27.120 Discount for the Elderly. 4.27.010 Findings. A. The City provides a valuable public service by providing storm.drainage facilities for the collection and disposal of storm water discharged from properties and public right- of-ways within the City. The storm drainage facilities constitute a public utility owned and operated by the City. The utility exists for the benefit of any person within the City who wants to have the public storm drainage facilities available for the diversion, collection and/or disposal of storm drainage and other runoff water from the person's property and represents a municipal service in a developed urban environment which is essential to the public health, safety and welfare. B. Persons who use the public storm drainage facilities ought to be charged fees that reflect the cost of the management, maintenance, extension and.construction of.the public storm drainage facility as a public utility in the City. Persons ought not be compelled to use this utility, nor to pay monthly utility fees, if the utility is not to be used by the person responsible. Persons who undertake the installation of runoff control 1 facilities on their property that reduce or eliminate the discharge of storm water into public storm drainage facilities ought to be given credit, in proportion to the degree of reduction, against storm drainage utility fees that would otherwise be due. C. Accordingly, the structure of the storm drainage utility is intended to be a fee for service and not a charge against property. Although this structure is intended to constitute a service fee, even if it is viewed as a fee against property or against the person responsible, as a direct consequence of ownership of that property, the utility's fee structure should allow the person responsible to have the ability to control the amount of the fee. Similarly, the utility fee structure should reflect the actual cost of providing the service and not impose fees on persons not receiving a service. The actual costs may include all costs the utility might incur were it in private ownership. D. Persons using water from the City potable water facilities, City irrigation water facilities and/or the Talent Irrigation District irrigation facilities use substantial amounts of water for irrigating lawns and gardens, washing structures, sidewalks, driveways and parking lots, and.for other activities which result in the discharge of runoff into the public storm drainage facilities. These uses of water demonstrate a substantial relationship between persons' use of these water facilities and their use of the public storm drainage facilities. 4.27.020 Definitions. Except where the context otherwise .requires, the definitions contained in this section shall govern the construction of this chapter. A. Commercial or Industrial Unit shall be as defined in AMC 18.08 as "Commercial, or commercial use" and "Industrial, or industrial use". B. Development shall mean any constructed change to improved or unimproved property including, but not limited to, buildings or other structures, private storm drainage facilities, mining, dredging, filling, grading, paving, excavation or drilling operations. C. Director shall mean the City Director of Public Works/City Engineer or the person designated by the Director. D. Duplex shall be as defined in AMC 18.08 as "Dwelling, two family or duplex". E. Equivalent Residential Unit (ERU) shall mean an area which is estimated to place approximately equal demand on the public storm drainage facilities as defined in AMC 18.08 as "Dwelling, single family". One (1) ERU shall be equal to 3,000 square feet of impervious surface. F. Impervious Surfaces are those surface areas which either prevent or retard saturation of water into the land surface and cause water to run off the land surface in greater quantities or at an increased rate of flow from that present under natural conditions pre-existent to development. Examples of impervious surfaces include, but are not limited to, rooftops, concrete or asphalt sidewalks, walkways, patio areas, driveways, parking lots or storage areas and gravel, oil, macadam or other surfaces which similarly impact the natural saturation or runoff patterns which existed prior to development. G. Improved Property shall mean any area which has been altered such that the runoff from the site is greater than that which could historically have been expected. Such a condition shall be determined by the Director. H. Master Plan shall mean the 'City of Ashland Drainage Master Plan" prepared by Kramer, Chin and Mayo, Incorporated, dated July 1985 including such amendments to such plan. 2 I, Mobile Home Park shall be as defined in AMC 18.08 as °Mobile home court, park or subdivision". J. Multiple-family unit (MFU) shall be as defined in AMC 18.08 as a "Dwelling, multiple-family". K. Open Drainageway shall mean a natural or constructed path, ditch or channel which has the specific function of transmitting natural stream water or storm water from a point of higher elevation to a point of lower elevation. L. Person responsible shall mean the owner, agent, occupant, lessee, tenant, contract purchaser or other person having possession or control of property or the supervision of an improvement on the property. M. Runoff Control shall mean any measure approved by the Director that reduces storm water runoff from land surfaces on which development exists. N. Single Family Unit (SFU) shall be as defined in AMC 18.08 as "Dwelling, single- family" or individual units of "Condominiums". A SFU is presumed-to have 3,000 square feet of impervious surface area for purposes of this chapter. The term SFU shall be inclusive of those units identified as detached single-family residences, unit ownerships, and condominiums, and etc. O. Storm Drainage Facilities shall mean any structure(s) or configuration of the ground that is used or by its location becomes a place where storm water flows or is accumulated including, but not limited to, pipes, sewers, gutters, manholes, catch basins, ponds, open drainage-ways and their appurtenances. Ashland Creek, Bear Creek, Wrights Creek, Neil Creek, Emigrant Creek, Hamilton Creek, Clay Creek, Tolman Creek, Roca Canyon Drainageway or creeks excluded by action of the Council are not storm drainage facilities. P. Storm Water shall mean water from precipitation, surface or subterranean water from any source, drainage and non-septic waste water. 4.27,030 Storm Drainage Policy, A. Council declares its intention to acquire, own, manage, construct, equip, operate and maintain within the City open drainageways, underground storm drains, equipment and appurtenances necessary, useful, or convenient for public storm drainage facilities. The Council also declares its intention to manage, maintain and extend existing public storm drainage facilities. B. The improvement of both public and private storm drainage facilities through or adjacent to a new development shall be the responsibility of the person responsible. The improvements shall comply with all applicable City ordinances, policies, standards and Master Plan. C. No portion of this ordinance or statement or subsequent.Council interpretation or policies shall relieve the person responsible of assessments levied against their property for public facility improvement projects. D. It is the policy of the City to participate in improvements to storm drainage facilities when authorized by the Director. To be considered for approval by the Director, a storm drainage facility must: 1. be public; and 2. be a major benefit to the community; and 3. be located in or on a City property, City right=of-way or City easement; and 4. if a piped system, be a `design equivalent to larger than a 24 inch diameter circular concrete pipe; and 3 5. be identified as a project in the Master Plan; or 6. be a rehabilitation and/or replacement of existing public storm drainage facilities. E. The City shall maintain public storm drainage facilities located on City property, City right-of-way or City easements. Public storm drainage facilities to be managed by the City include, but are not limited to; 1. open drainageways serving a drainage basin of at least 100 acres, when on City property, City right-of-way or City easement; 2. a piped drainage system and related appurtenances which has been designed and constructed expressly for use by the general public and accepted by the Director; 3. roadside drainage ditches along unimproved City streets; 4. flood control facilities (levees, dikes, overflow channels, detention basins, retention basins, dams, pump stations, groundwater recharging basins, etc.) that have been designed and constructed expressly for use by the general public and accepted by the City. ' . F. Storm drainage facilities not to be maintained by the City include, but are not limited to: 1. storm drainage facilities not located on City property, City right-of-way, or City easement; 2. private parking lot storm drainages; 3. roof, footing, and area drainages; 4. drainages not designed and constructed for use by the general public; 5. drainage swales which collect storm water from a basin less than 100 acres that are not located on City property, right-of-way or easement; 6. access drive culverts; 7. those portions of streams or drainageways specified in AMC 4.27.010.0 located on privately owned land; 8. ditches, swales, culverts and similar facilities owned and operated by the U.S. Bureau of Reclamation or the Talent Irrigation District. 4.27.040 Establishment of a Storm Drainage Utility. A Storm Drainage Utility is created for the purpose of providing funds for the management, maintenance, extension and construction of public storm drainage facilities within the City. Council finds, determines and declares the necessity of providing for the management, maintenance, extension and construction of City storm drainage facilities for its inhabitants. 4.27.050 Establishment of.a Storm Drainage Util'dy Fee. A storm drainage utility fee shall be paid by each person(s) responsible and shall be established by resolution of the Council for commercial or industrial units, duplexes, mobile home parks, multiple family units, single family units and equivalent residential units. 1. Such fee shall be established in amounts which will provide sufficient funds to properly manage and maintain public storm drainage facilities. 2. Such fee may be used for the construction of new storm drainage facilities or for the extension of existing storm drainage faciliities. 3. Council may from time to time by resolution, change the fees based upon revised estimates of the cost of properly managing, maintaining, extending and constructing public storm drainage facilities. 4 4. Credit will be allowed for runoff control measures. When approved by the Director, storm drainage utility fees may be reduced for a property where approved runoff control measures have been taken. A fee reduction shall be on a straight line basis with conditions existing on the date of the passage of this ordinance, being considered as starting or initial conditions. If the person responsible establishes, to the satisfaction of the Director, that all runoff from a property is disposed of without utilizing public storm drainage facilities either directly or indirectly, there will be no fees charged under the provisions of this chapter. 5. Property not used for single family dwelling purposes shall be considered to be furnished service in proportion to the amount of the property's impervious surface, and that for each 3,000 square feet (or increment of 100 square feet) of impervious surface, the property is furnished service equivalent to that furnished a single family unit and that the minimum service charge shall be that established for a single family unit. 4 27 060 Storm Drainage Utilky Fee--Dedicated All fees collected for the purposes specked in this chapter shall be paid into the storm drainage accounts and accounted for by dedicated line items including, but not limited to, Storm Drainage Maintenance and Storm Drainage Construction. Such revenues shall be used for the purposes of the management, maintenance, extension and construction of public storm drainage facilities. 4.27.070 Billing For Fee. The fee shall be billed and collected with the monthly utility bill. All such bills shall be rendered monthly by the City and shall become due and payable in accordance with the rules and regulations of the City Department of Fnance pertaining to the collection of utility fees. All fees collected will be placed in the storm drainage accounts as required by this chapter. 4.27.080 Enforcement. Any fee due which is not paid when due may be recovered in an action at law by the City. In addition to any other remedies or penalties provided by this or any other City ordinance, failure of any person responsible to pay fees promptly when due shall subject the person responsible to discontinuance of any utility services provided by the City and the City Administrator is empowered and directed to enforce this provision against such delinquent users. The employees of the City shall, at all reasonable times, have access to any improved property served by the City for inspection, repair, or the enforcement of the provisions of this chapter. 4.27.090 Administrative Review - Appeals. A. Any person responsible who disputes the amount of the fee, or disputes any determination made by or on behalf of the City pursuant to and by the authority of this chapter may.petition the Council for a.hearing on a revision or modification of such fee or determination. Such petitions may be filed only once in connection with any fee for determination, except upon the showing of changed circumstances sufficient to justify the filing of an additional petition. B. Such petitions, including all facts and figures, shall be submitted in writing and filed with the City Recorder at least 14 days prior to a hearing scheduled by the Council. The petitioner shall have the burden of proof. 5 C. Within 30 days of filing of the petition, the Council shall make findings of fact based on all relevant information, shall make a determination based upon such findings and, if appropriate, modify such fee or determination accordingly. Such determination by the Council shall be considered a final order. 4.27.100 Notice of Decision. Every determination of the Council shall be in writing, and notice shall be mailed to or served upon the petitioner within a reasonable time from the date of such action. Service by certified mail, return receipt requested, shall be conclusive evidence of service for the purpose of this chapter. 4.27.110 Exemptions. The Council may, by resolution, exempt any class of user when the Council determines that the public interest deems it necessary or that the contribution to storm drainage facility use by the class to be insignificant. 4.27.120 Discount for the Elderly. Discounts applying to low income elderly persons for water, sewer and electric utility fees shall also apply to storm drainage utility fees. SECTION 2. Classification of the fee. The fee specified in Section 4.27.050 as set forth in Section 1 of this ordinance is classified as not subject to the limits of Section 11 b of Article XI of the Oregon Constitution (Ballot Measure No. 5). The foregoing ordinance was first READ by title only in accordance with Article X, Section 2(C) of the City Charter on the 19th day of July , 1994, and duly PASSED.and ADOPTED this 2nd day of August , 1994. Nan E. Franklin, City Recorder SIGNED and APPROVED this day of August, 1994. Catherine M. Golden, Mayor Ap roved as to form: Paul Nolte, City Attorney (cAWeetletmut194.ord) 6 RESOLUTION NO. 94- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND AUTHORIZING PRELIMINARY MARKETING ACTIVITIES RELATING TO THE SALE OF WATER REVENUE BONDS UNDER THE UNIFORM REVENUE BOND ACT. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Findings 1. 1 Prior Authorization. The City has previously enacted Resolution No. 94-15, authorizing the issuance of not more than two million three hundred thousand dollars in aggregate principal . amount of water revenue bonds pursuant to Oregon's Uniform Revenue Bond Act (ORS 288.805 to 288.945) . 1.2 Sale Authorized. Notice that the City authorized issuance of revenue bonds was published as provided in the Uniform Revenue Bond Act; more than 60 days have passed since publication of the notice and no petitions have been received requesting that the question of issuing the bonds be placed on the ballot at the next legally available election date. The City is now authorized to issue the bonds described in Resolution No. 94-15 (the "Bonds") . 1.3 Comments from rating agencies and insurers are desirable. City staff has caused a bond resolution to be drafted which describes the terms under which the City would issue the Bonds and has caused that draft to be circulated to bond rating agencies and bond insurers. The rating agencies and insurers are reviewing the draft bond resolution and may request changes which would improve the rating for the Bonds, make bond insurance available for the Bonds, or decrease the price for bond insurance. An improved rating or the use of bond insurance could reduce the interest rates which the City would be required to pay on the Bonds. A reduction in Bond interest rates would reduce the cost of providing water service to the citizens of Ashland. In order to avoid delaying the proposed sale of the Bonds, but to allow the rating agencies and insurers time to make comments; and to have any comments incorporated into the bond resolution, it is desirable to authorize City staff to engage in preliminary marketing activities relating to the Bonds. SECTION 2. Preliminary Marketing Activities Authorized 2. 1 The City Administrator or the Director of Finance may, on behalf of the City and without further action by the Council: 2.1. 1 Participate in the preparation of, authorize the distribution. of, and deem final a preliminary official statement for the Bonds; . 2.1.2 Appoint a Bond trustee, registrar and ,paying agent; 2.1.3 Negotiate the terms under which bond insurance or a reserve credit facility for the Bonds would be offered to the City; 2.1.4 Establish the final principal amounts, redemption terms, payment dates and other terms of the Bonds which will be offered for sale; 2. 1.5 Finalize the draft bond resolution, incorporating any comments of the bond rating agencies and bond insurers; 2.1.6 Publish notices of sale for the Bonds, describing the terms under which the Bonds will be offered for sale by the city; 2.1.7 Tender the final bond resolution to the City Council for action; and, 2. 1.8 take any other action which is reasonably required to carry out the purposes of this resolution. This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this day of 1994 . Nan E. Franklin, City Recorder SIGNED and APPROVED this day of , 1994. Catherine M. Golden., Mayor Revipgwed as to farm: Paul Nolte, City Attorney (L•p�cwooTrtobood.doe) . h. -Y. `` SpF!ISIr�o � P •i� V 4 N L� � .l4 41� A. �REGO July 19, 1994 ��. Brian Almquist, City Administrator �XIIY_ItI: Steven Hall, Public Works Director 1t�jPCt: Water Report-July 19, 1994 Several factors are bringing our water situation to a level of concern. At this point in time I am not recommending mandatory curtailment. The information is being monitored daily and analyzed in a computer model. The factors being evaluated based on todays data are: Ashland Creek 1.87 million gallons-lowest in recorded history Reeder Reservoir About 3% above normal drawdown curve Water Produced 6.43 million gallons TID water requested July 8, 1994; started July 14, 1994 - see note below . TID water used 1.82 million gallons (included in water produced) TID cutoff date September 1, 1994 (changed from September 15, 1994) Reeder water used 2.74 million gallons Reeder reserve 87 days based on todays data. This calculation assumes that current =x ihons and water petters for today will continue dough dhe 87 days. TID has mused a few anxious moments this year. Because of dear operations, we were supplied with our initial water a week later than we requested. They have had problems with the Ashland Canal that has caused a few interruptions in the last few days. The flow from TID will be uxrementally increased to about 3 million galkms per day which will extend our turn of "Reeder reserve". It is intemsdng to look at the use patens this year compared to 1992. In 1992 we had a wet and cool July which kept water production at 4 to 4.5 million gallons per day. For the same period this year with no rain and higtw lrmperahues, the water production is at 6 to 6.5 million gallons per day. The only assumpton I can make is that the extra 2 million gallons per day consumption is due to landscape and garden irrigation. J I hope the citizens of Ashland realize our situation and respond by having some "lightly tanned" lawns and think about how they used water differently last year and in particular during 1992 when we had mandatory water curtailment. I will keep you informed of our situation. cc: Dennis Barms, Water Quality Superintendent Daryl McVey, Water Filter Plant Supervisor Keith Woodley, Fire Chief Ashland Daily Tidings Medford Mail Tribune Enc: Reeder Reservoir Reeder Reservoir (June 1 through July 19) Ashland Creek Ashland Creek (June 1 through July 19) Water Plant Production (June 1 through July 19) (o:�w.vaYcpf094) . REEDER RESERVOIR VOLUME MARCH 1994 THROUGH FEBRUARY 1.995 100% 90%- .-€.................._......_.........._... ................. ......._............................. ...._.............. .._._...._...... 80% . .................. ................................... ................._.. __............_.............................._............................-...- -------------- J ii ........ _...._....-i-....__._._..._._..._. w U ; i w 20% _.._._;._. —_......_.:-.__....... ......_._.. ._.._....... . 10% -i-. ........_....._....._...._............._......................................................._................_......_.._.............__............_. ....._....-' --- - . ..... 0% 03/01 04/20 06/'10 07/30 09/20 11/10 12/30 02/20 DATE —�— Theoretical + Actual f . Reeder Reservoir June 1 through August 31 100% _ 95% TO began 7/14/94 90% , LL 85% , /C • W `\` U 80% `• N , d ' 75% 70% 65% 1 1 19 25 31 6 12 18 24 30 41925 July August 1994 ----- 1992 ---°•° Standard Curve ro CITY OF ASHLAND ASHLAND CREEK FLOWS Q 12 D w 10 ........ ..............................._. ...........__ ...-..._............................... .......... .... 7/19/94 flow = 1.87 MGD z i J J € j Q (13 6 - ` - - ; - ----'-------•--•- Z O J 4 ` ... - ----- ..i.. . . .... J_ O JAN MAR MAY JUL SEP NOV DATE -�- AVG 1976-1993 1994 M- 1992 Ashland Creek Flow June 1 through August 31 6 D 5 CL N • 4 # 2 1111 +1111 11111hill 7r=, 1 1 7 13 19 . 25 1 � 19 25 31 6, 19 1 24 30 June July August 1994 -- ° ••1992 Plant Production June 1 through August 31 7- 6.5- ; 6- ' C) 5.5- v a) A CL All 2 4.5- - jif OD 4- / 3.5- 2.5- - 2 1 7 13 19 25 1 19 25 31 6- 12 1 24 30 June July August F1994 1992