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HomeMy WebLinkAbout1994-1115 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 heard, and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL November 15, 1994 I. PLEDGE OF ALLEGIANCE: 7:00 p.m., Civic Center Council Chambers II. ROLL CALL III. APPROVAL OF MINUTES: Regular Meeting of November 1, 1994. v IV. CONSENT AGENDA: 1. Minutes of Boards, Commissions and Committees. 2. Monthly departmental reports - October 1994. �3. Request from US West Communications for easement on Library property at Gresham Street and Hargadine. 4.,,VX Liquor license request from Kelly J..Davis and.Kelly S. Davis dba Trinity Lanes for a liquor license located at 1505 Siskiyou Bou vard. �ey � Lti �y • — ZI ooh . ..� �.��.a V. PUBLIC FORUM: Business from the audience not included on the agenda (limited to 3 minu 'r speaker and 15 minutes total). VI. NEW AND MISCELLANEOUS BUSINESS: 1. Request from Jim and Wink Jean, 2855 East Main Street, to connect new and existing residences outside the City Limits to City sewer system. VII. ORDINANCES RESOLUTIONS & CONTRACTS: 1. Second reading by title only of "An Ordinance of the City Council of the City of Ashland amending the Physical Constraints Overlay Map - Wildfire Lands - and modifying Section 18.62.090 of the Ashland Land Use Ordinance -- Physical and Environmental Constraints - �` / Development Standards for Wildfire Lands". C2 Reading by title only of "A Resolution amending Resolution 83-13 to expand the City's existing deferred compensation plan with ICMA by permitting all employees to participate. 1� 3. Authorization for City Administrator to sign Local Agency Agreements with ODOT for East Main widening project and Central Ashland Bike Path project. 4. Authorization for City Administrator to sign TMDL monitoring agreement with the Rogue Valley Council of Governments. VIII. OTHER BUSINESS FROM COUNCIL MEMBERS IX. ADJOURNMENT I F: MINUTES FOR THE REGULAR MEETINGS , ' ASHLAND aff COUNCIL November 1, 1994 CALLED TO ORDER Mayor Golden called the meeting to order at 7:04 p.m. in the.Civic Center Council Chambers. ROLL CALL Councillors Laws, Reid, Hauck, Acklin, Wmthrop were present. APPROVAL_ OF MINUTES. The minutes of the Regular Meeting of October 18, 1994 were accepted as presented. SPECIAL PRESENTATIONS i AWARDS 1. Proc]amatlon of October 24,'1994 as "United Nations Day".and the _beginning of the U.N.:FiftIeth Anniversary Observance. CONSENT AGENDA 1. Minutes of Boards, Commissions and Committees. 2. Monthly departmental:reports= September;October 1994. 3. City Administrator's Monthly Report. 4. Confirmation of Mayor's appointment of Peter Finkle to the Planning Commission for an unexpired term through April,1995. 5. Authorization for Mayor and Recorder to sign indemnification agreement for vehicle acceleration lane at Ashland Municipal Airport. Councillors Hauck/Winthrop m/s adoption of Consent Agenda. Voice vote all AYES. Motion passed. PUBLIC HEARINGS 1. Proposed redefinition of Wildfire Lands and adoption of map.outlining affected areas. Planning Action 94-119 is a request for an amendment of the Physical Constraints Overlay Map - Wildfire Lands and modification of Section 18.62.090 of the Physical and Environmental Constraints Ordinance- Development Standards for Wildfire Lands. (Applicant: City of Ashland) Community Development Director John McLaughlin reviewed proposal with Council. McLaughlin noted an amendment to wording in ordinance to allow more clarity.in dealing with enforcement regarding building materials. Public Hearing was opened. There were no comments from public. Public Hearing r Was closed. (r.Minuw\II.1.94.uilo)•p[• 1 Councillors Reid/Winthrop m/s to approve map and Ordinance to see ond reading. Motion passed. Councillor Reid asked Fire Chief Woodley to discuss a new technique to eradicate Manzanita undergrowth that was demonstrated in a lot off Park Street last week. Chief Woodley was encouraged by this new technique's effectiveness. Most of the r parcels the City owns have requirements or steep slopes that might prevent wide- spread•use of this method by the City. Private property owners may find this method very applicable for their homes in the forest interface. I PUBLIC FORUM: Business from the audience not included on the agenda (limited to 3 minutes per speaker and 15 minutes total). Michael Gibbs, 536 Ashland Street, President of Chamber of Commerce, requested more open lines of communication between business owners and the City of Ashland. representatives. Gibbs asked to have a Council liaison represented at the Chamber Board meetings and the Visitors' and Convention Bureau meetings. NEW AND MISCELLANEOUS BUSINESS 1. Request from Jim and Wink Jean, 2855 East Main Street, to connect new and existing residences outside the City Limits to City sewer system. Move to November 15 meeting. 2. Request from Hospital Board for approval of Capital project expenditures. Move to 1st December meeting. 3. Mayor asked for report on Halloween festivities in Ashland by Chief Gary } Brown. i . f Chief Brown reported that the evening was fairly calm with only one arrest. Officer Lisa Brooks coordinated the efforts: The Children's Parade held earlier in the afternoon was attended by about 400 people. ORDINANCES. RESOLUTIONS & CONTRACTS ' I 1. Second reading by title.only of "An Ordinance amending Sections 3.08.010, 3.08.040, 10.110.010, and 10.110.030 of the Ashland Municipal Code to Conform to the City's Employment and Housing Ordinances and Policies Prohibiting Discrimination on the Basis of Sexual Orientation and Disability". Councillors Winthrop/Hauck m/s adoption of Ordinance 2746. Roll call vote: ! Laws, Reid, Hauck, Acklin, Winthrop YES. Motion passed. (r.Minuk\I I-1-94.miu)•pg.2 `�I Y ; ♦Cr } 2. First reading by title only of "An Ordinance of the City Council of the City of Ashland amending the Physical Constraints Overlay Map - Wildfire Lands - and modifying Section 18.62.090 of the Ashland Land Use Ordinance — Physical and Environmental Constraints - Development Standards for Wildfire Lands". Councillors Laws/Reid m/s adoption to second reading. Roll call vote: Laws, Reid, Hauck, Acklin, Winthrop YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS (`( Rob Winthrop:reported on a conference being held at Ashland Hills Inn in November kon watershed management. He has information if anyone is interested. AD7OURNMIM Meeting was adjourned at 7:42p.m. C t E. Nan E. Franklin, Recorder Catherine.M. Golden, Mayor b. t; I (r.Miau M-1-94.ma)-Pr.3 i 1: I ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES OCTOBER 11, 1994 CALL TO ORDER The meeting was called to order at 7:05 p.m. by Chairperson Barbara Jarvis. Other Commissioners present were Thompson, Carr, Bingham, Armitage, and Hibbert. Absent members were Cloer and Giordano. Staff present were McLaughlin, Molnar, .Knox, and Yates. APPROVAL OF MINUTES AND FINDINGS Armitage moved to approve the Minutes and Findings of the September 13, 1994 Hearings Board. Thompson seconded the motion and they were approved. PUBLIC FORUM No one came forth to speak. TYPE 11 PUBLIC HEARINGS PLANNING ACTION 94-129 REQUEST FOR A MODIFICATION OF A PREVIOUSLY APPROVED OUTLINE PLAN FOR A 12-LOT SUBDIVISION ON 7.6 ACRES, FOR THE PROPERTY LOCATED BETWEEN DITCH ROAD AND SCENIC DRIVE, AND BETWEEN NUTLEY STREET AND LOGAN DRIVE. MODIFICATIONS ARE AS PER NEIGHBORHOOD/DEVELOPER'S MEDIATION AGREEMENT. MODIFICATION INVOLVES A VARIANCE FOR THE USE OF A HAMMERHEAD-STYLE TURN- AROUND IN LIEU OF A FULL CUL-DE-SAC ON A STREET SERVING 10 OR MORE RESIDENTIAL HOMES. MODIFICATION ALSO INVOLVES AN ADJUSTMENT IN LOT BOUNDARIES AND BUILDING ENVELOPE FOR LOT 5. FURTHER CONDITIONS AS PER THE MEDIATION AGREEMENT ARE ALSO INCLUDED AS PART OF THE REQUEST. APPLICANTS: JOHN BARTON/BRUCE AND POKII ROBERTS Site Visits and Ex Parte Contacts Thompson excused himself because he owns a house in the area. Site visits were made by Carr, Bingham, Armitage, Hibbert, and Jarvis. STAFF REPORT McLaughlin detailed the history of this application that led to mediation. A grant was received for mediation and for the past year, the parties have been working towards an agreement which was reached the latter part of this September. The proposed modifications are not that much different than what was originally approved. The primary change was in the turnaround design for the street. It was determined that a hammerhead design would be more appropriate along with a small change in the lot design. The modifications will reduce the excavation and benefit the adjacent property owners. The Fire Department and Public Works have agreed to the turnaround. The mediation agreement was included in the packet. McLaughlin expressed his pleasure in working this out through mediation. This completion is preferable to the appeals process. Staff has recommended approval and McLaughlin is hopeful the Commission recognizes the amount of effort put into this agreement. Jarvis confirmed that the Planning Commission would be adopting the prior Findings and Conclusions which would include the fact that this has met the Performance Standards Options. The new Findings are on the criteria for the Variance. Bingham asked what were the unique circumstances used for the variance. McLaughlin responded in most cases, a flat spot or saddle on a hillside can be found to locate a cul-de-sac, but in this case there was not a feature that was suitable, therefore, a hammerhead is the more appropriate design. i Jarvis read a letter from Isabel Sickels into the record. Sickels would like to have had a connection to Logan Drive. PUBLIC HEARING BRUCE ROBERTS, Church Street, had originally hoped to tie into Logan Drive, however, they needed to acquire property from the adjacent property owner or obtain an easement and he was not able to finalize this before Houghton began his development. RON THURNER, 1170 Bellview Avenue, believe the Findings need to be adopted. which include the minor changes with criteria applying to those changes. Findings need to address the fact that the map has changed. McLaughlin agreed and said it can be found that the revised map and lot design and building envelopes comply to the applicable standards of the Land Use Ordinance. I COMMISSIONERS DISCUSSION AND MOTION ASHLAND PLANNING COMMISSION 2 REGULAR MEETING OCTOBER 11,1994 MINUTES Carr moved to approve PA94-129 and in the approval, noting that the map, street and lot design modifications comply with the Land Use Ordinance and that the Variance criteria have been met. Hibbert seconded the motion and it carried unanimously. Jarvis announced that PA94-117, M. M. Hedges, Church Street, has been continued. PLANNING ACTION 94-125 REQUEST FOR A SITE REVIEW AND A CONDITIONAL USE PERMIT FOR TWO COMMERCIAL BUILDINGS: AN OIL, LUBE AND COFFEE SHOP (ONE BUILDING) AND OFFICE WITH A SECOND STORY RESIDENCE (2ND BUILDING), TO BE LOCATED AT 1649 ASHLAND STREET. APPLICANT: GLEN ARNESON Thompson rejoined the meeting. Site Visits or Ex Parte Contacts All Commissioners except Armitage had a site visit. STAFF REPORT The property is located across from the new Wendy's Restaurant. The proposal is a mixed use. One building will house a tube shop with a coffee shop up front toward Ashland Street. The second building will be general office space (no specific use is designated at this time). The upstairs will be residential use. There will be a one-way driveway to the left (west side) of the site for the lube shop: On the right, there will be a two-way driveway to the rear for a future use. Staff is happy with the plan as the applicant is providing a good pedestrian environment and is utilizing site design standards. The applicant has been willing to work to meet the long-term plans to accommodate the Ashland Street plan. A flower cart is designated to occupy the plaza area. The coffee shop will have a walk-up window. Staff has recommended approval of this application with 13 attached Conditions. There are a number of large trees on the property, three of which will be protected. Some trees are diseased and will be removed. Staff is recommending a couple of changes to the Conditions. Condition 4, add "three" to the height. ASHLAND PLANNING COMMISSION 3 REGULAR MEETING OCTOBER 11,1994 MINUTES Condition 7, 'That the existing sidewalk be widened, repaired or replaced to the standards of the Engineering Department, and widened to eight feet and incorporate street tree planting wells (min. 2 sq. ft.) every 30 feet, prior to Certificate of Occupancy". Add Condition 14, "That bike parking be provided in accordance with the design standards outlined in 18.92 and completed prior to Certificate of Occupancy". Add Condition 15, 'That an opportunity to recycle site be provided in accordance with Ashland Sanitary". Armitage wondered if the tube/oil facility required special recycling?. Molnar thought the DEQ might have special requirements. The City can ask for recycling of common i materials. Bingham wondered if the Bi-Mor tanks were ever excavated. Hibbert was interested in any impacts with regard to street run-off from a lube facility. Molnar said any run-off would be contained within their facility. A separate sign permit will be required. The applicant is showing a five foot monument sign on their plans. Molnar read a letter from Weston and Toso, 1616 Parker Street into the record favoring the application. PUBLIC HEARING I GLEN ARNESON, 389 Ausland Drive, Grants Pass, OR, explained the Bi-Mor tanks were removed and DEQ did soil plugs and it was their opinion that there is no soil contamination. He said he would provide the letter from DEQ to Staff. Arneson said the tanks that store the oil from the lube shop are housed in a concrete basement in holding tanks. There is a storm sewer drain for water that builds up around the walls. The floor drain goes into an oil separator which has test pole on it. The used oil is picked up. If any oil is spilled, there is a rolling pan that will catch the oil as well as sheet metal pans under the catwalks. There is very little spillage on the floor. Arneson wants to do some small, tasteful, directional signs in addition to a larger sign. LYNN KEFFER, 245 Tolman Creek Road, stated that her mother lives nearby in a ASHLAND PLANNING COMMISSION 4 REGULAR MEETING OCTOBER 11,1994 " MINUTES trailer. She noticed gas spillage in front of her house and she believes the soil is contaminated. She does not favor this application because of the busy highway, her mother will have trouble finding housing, and low water pressure. She suggested the speed limit be dropped along Highway 66. Molnar said the trailer park is affordable housing acknowledged by the State of Oregon. There are State statutes that address the transition of the tenants in trailer parks. The landlord has an obligation to give 365 days notice to the tenants or 180 days if he will assist monetarily in a move. There are nine trailers involved on the proposed property. It is hopeful, according to Molnar, that as buildings on Highway 66 are built closer to the street, the car speeds will drop. KEFFER asked why the applicant could not just leave the trailers and do only the lube portion of his application. ARNESON, in rebuttal, stated that it is his intention to contact the trailer tenants to let them know of his intentions. Once the property closes, he would like to meet with the tenants so they may have a smooth transition and move the homes to within 25 miles of the site. COMMISSIONERS DISCUSSION AND MOTION Thompson questioned what alternatives the tenants would have within the City of Ashland to move their trailers. McLaughlin said the only other site approved is the Pines and that appears full. He was not certain if there was any space on Crowson Road. The ordinance allows for the relocation of these trailers within the Urban Growth Boundary. Hibbert moved to approve the application. Carr seconded with the addition-of Conditions 14 and 15 and the corrections on 4 and 7. There was unanimous approval of the application. TYPE 111 PUBLIC HEARING PLANNING ACTION 94-119 is a request to modify the boundary of the City of Ashland's Wildfire Lands Zone. APPLICANT: City of Ashland ASHLAND PLANNING COMMISSION 5 REGULAR MEETING OCTOBER 11,1994 MINUTES The details of this application and the modifications are outlined in the Staff Report. A memo from Paul Nolte was included in the packet addressing citizen's concerns that this would become a taxing district. Carr is concerned about the area in Greenmeadows that borders the County line. There is extremely dry, thick vegetation. The County areas should be included in our area. DON PAUL, Assistant Fire Chief, said the area above the Greenmeadows properties is grasslands. The areas of concern that the Fire Department looked at were heavier fuel types. .There is some talk among homeowners to amend their homeowner's association restrictions to require non-combustible roofing material instead of shake roofs in Greenmeadows. RON THURNER, 1170 Bellview, thanked Staff for the extra work and was pleased that they came up with criteria for determining appropriate lines for the wildfire zone. COMMISSIONERS DISCUSSION AND MOTION Carr moved to recommend approval and adoption of the map and ordinance amendments on PA94-119 to the City Council. Hibbert seconded the motion and it carried unanimously. This is not an assessment. PLANNING ACTION 94-128 REQUEST FOR AN AMENDMENT TO THE CITY OF ASHLAND TRANSPORTATION PLAN MAP. AMENDMENT INVOLVES THE LOCATION OF A FUTURE STREET DEDICATION BETWEEN ROMEO DRIVE AND MILLPOND ROAD. APPLICANT: CITY OF ASHLAND STAFF REPORT In 1990, the Planning Commission approved the Romeo Drive subdivision and during that process looked at the connection to adjacent property. In 1993, another subdivision (Clear Creek) was approved and the future street connections were included in that application as well. In 1993, a Comprehensive Plan/Transportation Element policy was modified to encourage interconnection between neighborhoods ASHLAND PLANNING COMMISSION 6 REGULAR MEETING OCTOBER 11,1994 MINUTES and discourage cul-de-sacs or dead end streets. Jarvis noted that people get used to cul-de-sacs. In the future, perhaps these future connections should be left open so people don't get used to cul-de-sacs. McLaughlin said it is clear that IGrk Lane and Munson Drive will continue because they have a hammerhead and knuckle. A statement could be required in the CC&R's that a street would be extended or a connection made so when people purchased their homes, they would be aware of this situation. PUBLIC HEARING CAROLYN EIDMAN, 541 Fordyce, had asked for postponement of the meeting on Monday, October 3rd. She said no one was notified on Evan Lane and some were missed on Fordyce. Eidman has contacted 69 people and she has a petition but she told everyone there would be not meeting tonight. The Commissioners agreed to continue this hearing until the November Regular Meeting. PLANNING ACTION 94-117 HEDGES This action has been postponed until next month. OTHER North Mountain Plan Information was included in the packets for those who were unable to attend the Study Session. The plan was not discussed at this (October 11, 1994) meeting. Suggested Educational Topics (Brent Thompson's letter) Thompson felt perhaps an opportunity was lost for education or just to get people to a meeting last month when there was no meeting because of lack of planning actions. Hibbert thought it could be difficult to draw a good portion of the population to a meeting and he is not sure what it would take to get them out. Armitage did not know what benefit could be derived from drawing the public to a ASHLAND PLANNING COMMISSION 7 REGULAR MEETING OCTOBER 11,1994 MINUTES meeting with incomplete staff work. Thompson thought there should be a contingency plan in place for times where there are few to no planning actions at a regular I meeting. Jarvis suggested that the Commissioners bring a list of things that might be of interest for a Study Session time to the October 25th meeting. Staff could then have a scheduled list and a plan for the next year. .Bingham, Jarvis and Thompson will meet with Staff to come up with a plan for meetings. McLaughlin reported that the Transportation Committee has been meeting and a draft of the plan should be ready for discussion in November. He said the Affordable Housing Committee is about ready for their report. With regard to the Ashland Street Plan and the Railroad District Plan, contracts between the State, consulting firm, and the City are being finalized and public participation should be starting.late this month or early next month. The Strawberry Neighborhood plan is commencing and there will be a component included in the plan addressing hillside development. Study Session - October 25th Suggested topics: Paul Nolte, speaker Ex Parte contacts Dolan decision Compass decision Review basic rules (Biggins Rules) Provide a time line of projects Adoption of Rules and By-Laws Carr moved to adopt and Hibbert seconded the motion. All Commissioners approved. ADJOURNMENT The meeting was.adjourned at 9:10 p.m. ASHLAND PLANNING COMMISSION B REGULAR MEETING OCTOBER 11,1994 MINUTES I 1 ASHLAND PLANNING COMMISSION HEARINGS.BOARD MINUTES OCTOBER 11, 1994 CALL TO ORDER The meeting was called to order by Vice Chair Steve Armitage. Other Commissioners present were Bingham and Giordano. Staff present were Molnar, Knox, and Yates. TYPE II PUBLIC HEARING PLANNING ACTION 94-126 REQUEST FOR A MODIFICATION OF CONDITIONS OF A PREVIOUSLY APPROVED MINOR LAND PARTITION FOR THE PROPERTY AT 252 STRAWBERRY LANE. THE MODIFICATION WOULD RELOCATE THE EXISTING PUBLIC ACCESS EASEMENT ALONG THE IRRIGATION DITCH TO ALONGSIDE THE PRIVATE DRIVEWAY LOCATED NEAR THE EASTERLY PROPERTY LINE. APPLICANT: DIANNE DAHLE Site Visits and Ex Parte Contacts All Commissioners had a site visit. They all noted the location of the existing and proposed pedestrian easements. STAFF REPORT The description of the proposed pedestrian easement and its impacts are outlined in the Staff Report. Staff has recommended denial of the application. Giordano noticed a "No Trespassing" sign in the area. Knox said the sign is illegal at this time. Staff will not do anything about the sign until a decision is made at this hearing. Molnar thought the sign had been there for some time. Armitage noted that the Commissioners made a site visit together before this meeting. PUBLIC HEARING DIANNE DAHLE, 252 Strawberry Lane, wanted to request the relocation of the pedestrian easement because the location of the ditch path is not as clearly defined as other.areas along the ditch. They have people veer off the path constantly and come into their yard as though they don't even know that they are trespassing. It is very invasive to her. People use the private road all the time for walking and they don't seem to mind. The area of detour is very small. Dahle would like more security. 1 i Giordano wondered if when the pedestrian path was made were there any provisions for defining the location of the path or how the path would be maintained. Molnar said the overall responsibility of maintenance of the easement belongs to the City and the maintenance occurs informally. PAM BARLOW, Assistant Public Works Director, clarified that when the Open Space plan was adopted, citizens and the City alike wanted to keep the trail system low key and not advertise its availability to the public at large. The focus of the City has been to acquire major land parcels at this time and'as individual parcels develop, those public easements will be formalized. The public uses the entire trail system informally at this time. There are very few sections throughout the City that are completely inaccessible. PAT WARNER, 330 Patrick Lane, wondered about the liability if trails are being used that are not public easements. Molnar said the City would take over liability because the City required the easement. SUZANNE PEIL, 234 Strawberry Lane, a property owner directly east of the proposed pathway. The new path would come very near her house. If the path is moved, the natural and scenic beauty of the area would be lost. PAM BARLOW, representing the Bike Commission, explained that the ditch path is extremely important for recreational use for bicyclists. It makes an efficient bike and pedestrian connection through town. It is very important to the long-range plan as it is now. Rees Jones of the Bike Commission reviewed the proposed path change and felt the property owner had valid concerns, and it might be appropriate to sign the existing path to give citizens a designated place to walk. Perhaps since the "No Trespassing" sign is there, people come through the Dahle's property. The Bike Commission recommend not approving this request. WARNER, did not think the bike issue was even relevant in this case because of the steepness and narrowness of the trail. DAVE DAHLE, 252 Strawberry Lane, said his primary concern is with fire danger. He explained that the fenceline is above the TID ditch. People go through fences and over fences and end up on their property. However, gates are left unlocked. The path is difficult to walk. There is no designation for the path. MIKE BROOMFIELD, 220 Strawberry Lane, believes the applicant has legitimate concerns, however, there are other considerations. There should be continuity of the trail system. The proposal discontinues what the trail is trying to accomplish. The ASHLAND PLANNING COMMISSION 2 HEARINGS BOARD MINUTES OCTOBER 11,1994 . new proposed trail is a flag drive that accesses to the rear piece of the property. Bikes can access and ride along the existing trail. Knox said in talking with Don Paul, Assistant Fire Chief, he has said the proposed route has no more or less fire danger than the existing trail. DAHLE, said she has seen five bicyclists in the time she has lived there. She said her request is based on a very small area as a detour. She said it has been done in other parts of the City and does not think it will deprive people of anything. COMMISSIONERS DISCUSSION AND MOTION Giordano believes the City, in future actions, needs to be clearer about who is responsible for defining the path through signs or fences by putting the burden on the applicant at that time. That would have solved this problem immediately. He feels Strongly about the continuity of the trail system throughout Ashland and believes it would be a negative to reverse this. By having a designated trail, it will avoid future conflicts. In the long run, the existing trail will benefit the community. Bingham strongly agrees with Broomfields's comments. The existing trail is in an appropriate place. He believes the City has the responsibility to delineate the existing trail. Armitage shared the same concerns about maintenance and wondered if the trail should be posted as non-public at this time. What liability does the City want to accept? Is the City encouraging use of private property because the trail is not delineated? He believes the existing portion of the trail is not used because people come upon a fence. When they come to the fence, they probably back off or go around which takes them onto the Dahle's property. He would not favor this application but somehow the City needs to address the issues. Molnar can talk with Ken Mickelsen and he might have some suggestions. A sign would be valid. Armitage noted that there is a need to bring the existing trails maintained by the City to the standards required of an applicant. Bingham moved to deny PA94-126. Giordano seconded the motion and it carried unanimously. ASHLAND.PLANNING COMMISSION 3 HEARINGS BOARD MINUTES OCTOBER 11,1994 TYPE I PLANNING ACTION PLANNING ACTION 94-118 i REQUEST FOR A MINOR LAND PARTITION TO DIVIDE A PARCEL INTO THREE LOTS WITH THE REAR LOTS BEING ACCESSED BY A FLAG DRIVE FOR THE PROPERTY AT 634 IOWA STREET. APPLICANT: JAMES D. LAMB i This action was approved. PLANNING ACTION 94-123 REQUEST FOR FINAL PLAN APPROVAL FOR PHASE I (5-LOTS) OF A PREVIOUSLY APPROVED SUBDIVISION UNDER THE PERFORMANCE STANDARDS OPTION LOCATED AT 200 SKYCREST DRIVE. APPLICANT: WILEY FAMILY This action was approved. . PLANNING ACTION 94-124 REQUEST FOR A SITE REVIEW FOR THE CONSTRUCTION OF A COMMERCIAL SERVICE BUILDING FOR THE PROPERTY LOCATED AT HIGHWAY 66. APPLICANT: MYLES COMSTOCK This action was approved. ADJOURNMENT The meeting was adjourned at 3:15 p.m. I ASHLAND PLANNING COMMISSION 4 HEARINGS BOARD MINUTES OCTOBER 11,1994 } FOREST LANDS COMMISSION y W! Meeting October 11, 1994 MEMBERS PRESENT: Bill Robertson; Don Ferguson; Teri Coppedge; Frank Hirst; and Lenny Niemark. Staff Present: _ Keith Woodley; Pam Barlow; and "' Caralyn Dusenberry. I. Call To Order: II. Minutes of Meeting: September 14, 1994: Minutes were approved as presented. III. Items for Discussion: Parks Department will hold a meeting, Study Session, October 19th, 6:00 p.m., at the Parks & Recreation Building. They will be studying Siskiyou Mountain Park East and West parcels, and determining policies for managing the land. Commission discussed purpose of members and ideas for recruiting new members. Ferguson recommended the following item be changed to "Goals for 1995" rather than "Goals for 1994". A. Goals for 49941995 Forest RFP/Prescription/Inventory: The RFP/prescription/inventory should be based on the Forest Plan. Chairman Robertson stated that when this comes back for Forest Commission review, all plans should be in agreement. Ferguson stated the first step in project implementation is to write the RFP. Barlow stated that we can do a personal services contract with Marty. The next step is to develop an acceptable RFP and a personal services contract to implement the prescription and inventory. Discussion was held on concern regarding impacting any threatened and endangered species. Ferguson will prepare a statement to cover this area and others which need to be placed in the contract. Hirst stated we do not have much threatened and endangered species habitat in the interface. The interface has no special habitat features like the Reeder Reservoir area (old growth forest). Discussion was held on obtaining more PAGE speakers from organizations for the Commission meetings. Robertson asked if it was the consensus of the Commission that Marty draw up the prescription and they all agreed. The Commission's main concerns are protecting the water supply for the City, forest and ecosystem health_ , and possibly providing for recreation. The Parks Department will be in charge of the management of Siskiyou Mountain Park and recreation on those parcels. Ferguson said when the prescription is obtained then the Commission will be able use it as a guideline to bring the outlying forest areas into conformance with this standard. Discussion was held on the condition of SOSC's 40 acres (the Perozzi parcel). Discussion was held on the sale of this property to the City, and including this piece in the forest prescription and inventory. GOAL: Real Estate Transfer Tax: Barlow stated that the Commission needs to develop a funding source to take care of the forest management if the current ballot measure does not pass. Even if funding was available in the spring, due to the lead time necessary to develop contracts, and fire restrictions, it would probably be a year from now before new projects would begin. Commissioner's received a grant application notification. Discussion was held on this item. The forest prescription will inventory the standing value and species of trees. The Commission should investigate the feasibility of self funding the Forest Management Plan through forest practices. Robertson will contact McCormick and Armitage and obtain their input on their transfer of parcels 9 and 10 (Siskiyou Mountain Park) to the Parks Department that has occurred since June and how it has effected their revenue projections. Discussion was held as to the Commission's support of the Real Estate Transfer Tax and ways of notifying the public. Discussion was held as to whether the Commission is opposed or supports the proposal. GOAL: Establishing funding for the Forest Management Plan and City Forest land. GOAL: Hold neighborhood meetings beginning January, 1995 and completed by April 1, 1995. Neighborhood Forest Management Meetings: Meetings will be held in January, and also February and March. Discussion was held on mailing notices. A "Public Information Program" needs to be developed. The Commission can develop this at the November and December meetings to prepare for the public meeting process. PAGE 2*:f�\aimu�%mt94.Min) GOAL: Work on getting the Forest issues.on Cable Access. Other: IV. Review/Set Commission Calendar: A. Set Date for Interface Hike: Sunday, October 30th, 10:30 a.m., meet at Parks Department Office. B. Watershed Management Council Conference: Barlow reminded Commission of the November 16-19 Conference to be held at Ashland Hills Inn. Robertson, Coppedge and MacFarland volunteered to help with guided tours. They will develop hikes to showcase Ashland's forest management activities. V. Other Business: Lenny asked about Siskiyou Mountain Park: Land has been transferred from City to Parks ownership. Marty Mane is still available to do the inventory. Discussion was held on privately owned forest properties adjacent to the City. VI. Adjourn There being no further business the meeting was adjourned at 9:15 p.m. Respectfully submitted by, i Caraly Dusenberry Administrative Secretary Public Works/Personnel PAGE 3-cc*,,, \.a w\«tqc w t ASHLAND AIRPORT COMMISSION Wednesday, November 2, 1994 Regular Meeting MEMBERS PRESENT: Jerry Insley;Paul Mace; Linda Katzen; Lyle Smith;Laura Craven; Merle Mills; Alan DeBoer; Cathy Golden and Steve Hauck. Staff present: Steve Hall; Pam Barlow and Caralyn Dusenberry. I. CALL TO ORDER: 12:00 Noon, COUNCIL CHAMBERS Chairman Katzen called the meeting to order at 12 noon. IL APPROVAL OF MINUTES: Wednesday, October 5, 1994 -Insley moved approval of the minutes for October 5, 1994. Smith seconded motion. Motion approved. III. OLD BUSINESS: A. FAA Grant Application: Progress Report Hall stated with the bad weather setting in it does not look like the Airport improvement project will begin before the end of the year. L.T.M., Inc. (the company awarded the bid) was hoping to have the road built before the end of the year. FAA agreed to change the gravel specifications. A change order will be prepared and implemented. The fence along Dead Indian Memorial Road was discussed and will possibly be constructed this winter. B. Impact of Proposed Wilderness Area on Air Corridor: Status Katzen referred to letter in packet from Layne Lang, BLM. Barlow and Katzen will draft a letter before the next meeting. PAGE 1-co:� p mmu ea nw94.Mn> i a y C. New Land Lease Lottery: Barlow stated we will begin this soon. She reviewed two maps prepared by engineering which showed the two layouts with different size hangars and possible i locations. The road easement requirement can be met with either proposal. Changes to the asphalt area will need to be addressed in the lottery. Mills stated he is in favor of splitting off the proposed FBO hangar from the regular hangars. Discussion was held on developing the additional twenty acres. Hall stated we should be moving towards ground lease fees based on square footage. Discussion was held on hangar sizes. Discussion was held on persons interested in hangars, commercial and regular. The 22 acres should have been marked as "hangar sites". Commercial activity in the CAP Hangar area conflicts with general aviation operations. Mace stated the Master Plan neglected parking for automobiles which is a problem. He also stated that, provided it doesn't contravene the spirit of the Master Plan, he does not see site "A" or "B" as commercial. He thinks parking needs formal consideration. The hangars are for people to keep their airplanes in. Discussion was held on commercial operations, customer access and parking. DeBoer stated he is for the three private hangars. He said a commercial hangar involves something for profit and the City should share in the profit. There could be an additional surcharge. Barlow reviewed the map and the Master Plan for parking. Katzen appointed a subcommittee to address this situation. Subcommittee will be Mace, Smith, Katzen and DeBoer. They will meet with Barlow and discuss parking and commercial hangars. D. Hold Harmless Agreements for New Development Near Airport: Barlow referred the Commission to her memo in the packet. Public Works Director Hall, Planning Director MacLaughlin, City Attorney Paul Nolte, she and Assistant City Engineer Olson met to discuss how to effectively apply the Hold Harmless Agreements to property within Ashland. Public Works was under the impression that when the Oak Knoll Subdivision expanded that the Hold Harmless Agreements would be included, but they were not. The current Jackson County Planning Department building permit procedure requires applicants to apply at Barlow's office, and agreement is discussed and then signed. Modifications to the City's requirements for Hold Harmless Agreements will make City and County requirements more comparable. A draft document should be available to Airport Commission by January. E. Review of Safety Reports: Skinner stated copies were in Commissioner's packets. South end wind cone will be replaced. The fuel island has a hose broken past the nozzle. Continuing problems in maintenance hanger with the doors. Bad weather makes the inside colder. The fiberglass on the door is broken which could cause a security problem. He is recommending replacement of the fiberglass with metal on lower end, six to eight feet up. The monthly meetings for CAP are continuing to be held. There is a little activity from a couple of small groups which utilize the PAGE 2-(c:+im\=i.�mw94.Mi-) facility. A ground school is being conducted, it is a 12 week course with eight students. F. Other: DeBoer asked about airport overlay. Hall stated this will go to Planning and then proposed to the Planning Commission. Airport Commission will receive this, hopefully, some time in January. IV. NEW BUSINESS: A. R_port from the Ashland Airport Association: B. der/promotions: Status Report: Barlow stated this is pending. C. Other: Hall handed out financial report and reviewed with the Commission. He stated there is $5,000 in the contingency which will cover the ODOT Oregon Aeronautic Grant that was dropped. The unappropriated money is set aside for future use. This can be looked at when we go through the budget process for next year. The cost of sampling the storm drains is more expensive than anticipated. Hall is looking at above ground fuel tanks. V. Airport Manager Report/FBO REPORT A. Status of Airoort: Skinner stated the Airport is doing well with activity dropping off as usual for winter. The October activity was real good. There was 8500 gallons of fuel sold in September which is above average and 6500 for October. Maintenance is remaining very active. A new aircraft mechanic, Scott Vogel, has been hired and will begin working in the near future. He does over-ail engine, turbo prop aircraft, and metal work. He is taking his IA exam shortly. B. Financial Report: Skinner stated each Commissioner received a copy. The semi-annual hangar notes were due and some lessees paid for the entire year. VI. Informational Items: Insley stated he has been on the Commission over five years and he would like ideas for advertising. He requested a member of the Chamber attend the next Airport Commission PAGE 3-c=:u4Vftin�\D0M*in> i . meeting and that a joint PR packet be prepared and given to the public. Insley stated the more people brought in, the more benefit the Airport will receive and pass on to the community. Katzen will contact Sandra at the Chamber. VIL ADJOURN: Katzen adjourned the meeting at 12:45 p.m. C�pectfully s fitted by, Caralyn`�berry Administrative Secretary Public Works/Personnel PAGE 4-(c:,;mVarouwmwea.nin) Monthly Building Activity Report: 09/94 Page 1 # Units Value SINGLE/MULTI-FAMILY & TOURIST ACCOMODATIONS: Building: 12 NEW UNITS/BARD'S INN 12 461,952 ADDENDUM/BATHROOM ADD 1 1, 000 ADDITION 2 16, 400 DEMOLITION OF SFR 1 0 FENCE 3 1,850 FILLS 1 450 GARAGE 1 6,508 GARAGE REMODEL 1 3 , 500 GARAGE/GREENHOUSE 1 5, 000 REMODEL 1 6, 000 REMODEL & ADDITION 1 14 , 000 REPLACE DECK & STAIRS 1 1, 500 REPLACE DECK & STAIRWAY 1 4 , 000 REROOF 2 9, 311 RETAINING WALL 2 6, 200 SFR 7 746, 705 STORAGE SHED 1 250 Subtotal: $ 1, 284, 626 Electrical: 1 BR CIR FOR BASEBOARD HT 1 400 1 BR CIR FOR LIGHTING 1 150 1 BRANCH CIRCUIT 1 125 2 BR CIR, FURN & HT PUMP 1 200 2 BRANCH CIRCUITS 1 190 4 BRANCH CIRCUITS 1 150 400 AMP SERVICE 1 1,500 ALARM SYSTEM 6 1, 275 REWIRE HOUSE 1 2590 SECURITY SYSTEM 1 1,704 SERVICE 1 0 SERVICE CHANGE 1 400 Subtotal: $ 8, 594 Mechanical: GAS FIREPLACE 1 1,400 GAS FURN + 1 BR CIR 3 6,958 GAS HTR/FURN/l BR CIR 1 4 , 500 Monthly Building Activity Report: 09/94 Page 2 # Units Value SINGLE/MULTI-FAMILY & TOURIST ACCOMODATIONS: Mechanical: GAS LINE & GAS FURNACE 1 3 , 019 GAS LINE/FIREPLACE INSERT 1 1,950 GAS LINE/FURN/l BR CIR 4 14 , 280 GAS LINE/GAS FURN 2 5, 074 GAS LINE/RANGE/WTR HTR 1 450 GAS WATER HEATER 1 4 , 500 HVAC + 2 BR CIRS 1 5, 000 KILN 1 1, 650 WOODSTOVE (2) 1 0 Subtotal: $ 48 , 781 Plumbing: REFUND PLUMBING 9405047 1 0 REPLACE SEWER LINE 1 1, 100 REPLACE WATER HEATER 1 309 SPRINKLER SYSTEM 2 2 , 650 WATER LINE 2 41200 WATER LINE & ELECT SERVIC 1 11500 Subtotal: $ 9 , 759 ***Total: $ 1, 351, 761 COMMERCIAL: Building: LIGHT POLES 1 1, 200 PHYSICAL PLANT REPAIRS 1 250, 000 REMODEL OF BASEMENT 1 7 , 500 STORAGE BUILDING 2 21,231 _ TANK REMOVAL 1 0 TENANT IMPROVEMENT . 1 900 Subtotal: $ 280,831 Electrical: 2 BRANCH CIRCUITS 1 400 3 BR CIR FOR BALLASTS 1 2 , 666 3 BR CIR FOR COMP SCIENCE 1 500 ALARM SYSTEM 1 100 Monthly Building Activity Report: 09/94 Page 3 # Units Value COMMERCIAL: Electrical: ELECTRIC 1 0 RECONNECT SIGN WIRING 1 150 SECURITY SYSTEM 1 3 , 136 Subtotal: $ 6, 952 ***Total: $ 287 , 783 Total this month: 85 $ 1, 639 , 544 Total this month last year: 95 $ 1, 711, 177 Total year to date: 252 $ 5, 877 , 505 Total last year: 294 $ 4 , 985, 202 This month This month This year last year Total Fees: 19, 952 20,824 70, 602 Total Inspections: 650 662 1949 NEW CONSTRUCTION: 9/94 RESIDENTIAL PAGE NO. 1 10/26/94: ADDRESS #UNITS CONTRACTOR VALUATION ** GARAGE 240 OHIO ST OWNER 6508 . 00 ** Subtotal ** 6508 . 00 ** SFR 167 MOUNTAIN VIEW DR OWNER 72020. 15 1298 NO ADDRESS DE ASCENTIS, TOM- BUILDER 68818 .90 169 PATTERSON ST MEDINGER CONST. CO. INC. 69000. 00 155 MOUNTAIN VIEW DR OWNER 75507 . 30 175 NO ADDRESS MEDINGER CONST. CO. INC. 95480. 00 965 PINECREST TERRACE APPENZELL BUILDING 285000. 00 COMPANY 1264 NO ADDRESS DUNDAS, JOHN - DESIGNER & 80879. 07 BUILDER ** Subtotal ** 746705 . 42 *** Total *** 753213 .42 NEW CONSTRUCTION: 9/94 COMMERCIAL PAGE NO. 1 10/26/94 ADDRESS #UNITS CONTRACTOR VALUATION ** 12 NEW UNITS/BARDS INN 20 HELMAN ST 12 WIESE CONTRACTORS 461952 .40 ** Subtotal ** 461952 .40 ** STORAGE BUILDING 1953 ASHLAND ST OWNER 16513 . 00 2525 ASHLAND ST WENDT, MARK CONSTUCTION 4718. 00 ** Subtotal ** 21231 . 00 ** Total *** ° 483183 . 40 ASHLAND POLICE MONTHLY REPORT October, 1994 Part 1 offenses (major Bicycle helmets are still available free of crimes and thefts) through charge for any Ashland student who does not the month of October are up own a safe helmet. The helmets are available (+ 4.5%) compared to the at the Ashland Police Department. same time last year. This is the first significant increase YOUTH DIVERSION in recent years. Property OFFICER: crimes have risen while violent crimes remain A warm welcome to Jan even. There was an increase in the report of Janssen, our new Ashland theft from buildings (71 reported this year-to- Youth Diversion Officer. date compared to 42 reported during the same Jan will be serving the time in 1993), also, there has been an community in a "diversion" noticeable increase in bicycle thefts (117 capacity with the youth of our area. In reported this year-to-date compared to 68 conjunction with the Jackson County Juvenile reported last year). There has also been a Department, Jan will be handling cases noticeable increase in reports of arson (14 involving youthful offenders that will be reported this year-to-date compared to 8 referred to her by the patrol reported last year in 1993). officers. It is hoped that through her expertise some youth will be diverted away from In Part II crimes, minor assaults were up criminal acts. significantly (95 reported this year-to-date compared to 68 reported during the same time Jan has been working very hard establishing last year); fraud of checks were up (57 her program and recently spent 2 days in Bend reported this year-to-date compared to 49 conferring with "specialists" in regards to its reported during the same time in 1993); development. She has been kept quite busy vandalism was up (416 reported this year-to- meeting the other members of the law date compared to 348 reported last year) enforcement community as well as getting primarily due to a recent graffiti spree. acquainted with those in adjacent juvenile/law enforcement agencies. We welcome Jan and CRE%4E PREVENTION: will be looking forward to hearing more about Our Police Department was this vital program in the months to come. the recipient last month of a $5,000 grant from Safeco "am Insurance for the purchase of n bicycle helmets for children in Ashland. 1 1994 1993 Statistics "MMIM mom EMBM OCTOBER.............. Calls For Service 876 843 783 790 Medical Runs 62 68 73 58 Fire Runs 19 19 15 16 ALS Runs 50 49 35 34 Auto Aid 3 6 1 1 Phone Statistics: Day Shift 861 785 625 812 Swing Shift 1375 1242 680 1139 Graveyard 834 657 412 593 Front Desk 3365 3416 1717 2544 911 Calls 692 607 335 425 Total Calls 7127 6707 1902 2752 COMMUNICATIONS: A "Name The Lion" contest also concluded in This October the Ashland Police Department October - the winning entry was a tie : two hosted the annual Law Enforcement children named the lion cub (which will be Data Systems Convention. Quite a feat!!! Ashland's mascot) SIREN. The winners of Over 250 folks involved in all facets of the both contests were treated to prizes, media law enforcement community came to Ashland coverage and lunch with the Chief, Linda, for the week of October 10th-15th. Linda Barbara. This is a major stepping stone for Hoggatt and Barb Hansson were excellent the education program since any new materials hostesses spending many hours in the that are forthcoming will be include " Siren - organizational stages and even arranged for the 9-1-1 Lion" and his mom Karolion. Cowboy Jack to entertain the group during a luncheon. By the notes and cards our The annual LEDS convention held in Ashland department has been receiving in the weeks this year for the first time was co-hosted by that followed, it is apparent that a good time Barb Hanson (LEDS Representative for was had by all! Ashland) who just happens to be the creator of the education program. Barb's program was CIRCLE OF hanging around the Department in the form of FRIENDS: October 119-CVf,OF posters when the LEDS staff came to visit. was a very busy 01 kP The staff were impressed and allowed space month for the 9-1-1 and time for a formal introduction of the Education Program program during the convention. This was a A coloring contest was 3, great opportunity - resulting in the sale of held and at one point Ashland many mugs and tee shirts. This much needed the Department was boost brought us great delight when the observed with over numbers were crunched and it was discovered 100 colored posters hanging from the walls the program was now $26 in the black. and ceiling. A most unusual sight for a Police Department....... 2 On another note...Karolion and Barb spoke O Youth Diversion Officer Jan Janssen at a recent children's birthday in Garden Wa travelled to three different police departments Park. They report they had a lot of fun - and reviewing their procedures on handling learned a few things about presenting the juvenile offender cases. program in an open air environment. Barb continues to present the adult program and has O Sergeant Mike Bianca presented to each of started to receive requests to "come back" so the patrol shifts and update on "Cop Talk" she says she is working on a second program which means "how to talk to people". tentatively titled,"Are You A Vague Reporting Party". POLICE ADMINISTRATION: To say the least....October was a very The past few weeks have been very busy for important month for the 9-1-1 Education Chief Gary Brown. Program and we encourage everyone to Join The Circle!...... O Presented a paper and served on a panel at the ICMA Conference in Chicago. The o Through the efforts of subject "Violence in America" Linda Hoggatt and Barbara Hansson, Ashland Police O Taught a police middle management session Department hosted the annual for California State University at Long Beach. LEDS Conference. It required the entire Ashland O Conducted a community wide strategic Hills Inn and parts of two planning session for the City of Santa Clarita other hotels. Mayor Cathy Golden and Chief (population 150,000 in Southern California) Gary Brown welcomed the participants to the three day conference. Attendies said it was o Served as a resource to the FBI/AID in the best conference yet and want to come back their mission of helping Haiti and to establish to Ashland. a new national police force. TRAINING: o As part of "Cowboy Jack and the Rogue o Firearms Instructor Buddy Grove attended a Valley Wranglers" entertained the LEDS seminar on "The Problem Shooter" and Conference held at the Ashland Hills Inn and "Firearms Program Development and received a rousing response from an Defensibility". The class was presented in appreciative audience. Bellevue Washington by the Sigarms Academy, Sigarms, Inc. Well so much for the monthly report...geesh this was such a busy month I need a rest...so, O Officer Loren Deffenbaugh attended a five until next month I'll just say: Bye Y'all.... day Firearms Instructor Course in Redmond, Oregon. The class was an NRA police (Who said that ? Anybody see the cowboy in firearms instructor course sponsored by this here corral?) Redmond Police Department. o Lieutenant Mel Clements and Detective Lynn Parlette attended a two day seminar on "Pre-employment interviewing techniques and procedures for accurate selection information. 3 ASHLAND POLICE DEPARTMENT FLCTODIR CREATED; CONSOLIDATED 114CIDE14T REPORT 11/02/94 15;.`;5;19 3CTOBER 1994 CLASSIFICATION f REPORTED OFFENSES x ! CASES CLEARED ! F CLEARENCE RATES r + HO, OF ARREST CHARGES t OF OFFENSES ACTUAL ACTUAL ACTUAL % :HANGE THIS THIS LAST '!EAR TO T935 1, - LAS S THIS THIS LAST THIS MONTH YEAR TO DATE MONTH YTD 'YTD DATE MONTH YTD YTO MONTH YTD YTD 7UV ADULT TOTAL JUV ADULT PAFT I CRIMINAL HOMICIrE MED'2R I - 1ac•0 % MANSLAUGHTER RAPE 6 5 + C0.0 1 2 33.3% 'O.(';; 3 ROBBERY 2 7 `7 2 .2 % 2 4 5 1010.0% 57.1% 55.5% 2 2 2 4 AGSRAVATED ASLT ! 7 7 1 6 6 100.0% P5.7s 85.7% 3 3 10 BURGLARY 4 4 2 2i RESIDENCE 64 62 + 3.2 " 2 10 12.5; 16.15 NON-RESIDENCE 44 41 + 7.3 % E 7 4 40,0% 15.9% 9.8% LARCEMY/THEFT 7 !4 21 113 ?O SHOPLIFTING 12 130 125 + 410 % ? 105 105 75.0s 80.8% 84.0% THEFT FROM NV !0 112 8B + 27,3 ". i 5 2 10,0: 4.5% 2.3% MV PARTS-ACCESS 3 47 66 - 28.3 % 1 7 2 33.31; 14.7% 3.04 BICYCLE THEFT 17 117 69 + 72.1 % 6 3 5.30 5.1!; 4.4" SHEET FP01! BLDP 3 71 42 + 69.0 4 11 2 15.5% 4.8% OTHER THEFTS 23 17".1 234 27.4 „ 7 32 21 30.4" 18.81 9.08 MOTOR VEH ❑LEFT 2 29 28 + 3.6. 4 6 7 20.7% `.0% 1 2 3 6 ARSON 2 14 8 + 75=.9 % F 2 42.9% 25.01A 9 PART I TOT'"_ 87 3:9 734 + 4.5 % 24 205 170 27.6% 25.01 21.7% 10 23 33 122 135 FART 11 SIMPLE ASSAULIC 9 95 63 + 99,7 % 6 69 49 66.1% 72.61 5818:1 6 8 12 71 FORGE COUNTERFEIT 3 33 43 23.3 % 5 15 13 166.7X 15.5: 30.2% 9 1 1:7 FRAUD 1 ] 18 CHEC8.5 57 49 + 16.3 % 1 20 12 35.1% 24.5% CREDIT CARDS 2 8 5 + 60.0 % 3 0.01; OTHER FRAUD. 1 65 58 12.1 % 1 10 8 100.0, 1.5.4% 1 3.8". EMBEZZLEMENT 1 5 3 + 66,7 % 3 ! 60.2% 33.1{ 2 STOLEN PROPERTY 2? 96.4 % ? 9 66.77% 40.9'". 6 14 BANCALISM 53 416 348 19.5 % 4 74 54 6.7'6 17.85 15.51 4 7 ;1 84 :? WEAPONS OFFENSES 15 13 + 213.1 % 15 10 93.B% 76.7% 1 5 6 4 42 PROSTITUTION SEX CRIMES 1 31 19 + 63.2 % 15 11 49.41 57.9% 4 9 MAFCBTIC?DRU @.G 7 62 76 - !0.5 % b3 b8 71.4'. 92.bR B'=.5% 8 8 21 71 GAMBLING OFF AGNST FAMILY 9 1! - 19.2 7. 2 '. 22.2% 9.18 3 MY UArER INFLNC E 80 100 - a Ji % 2 77 32 ]P0.0% 96.3% 78.0% 3 3 2 78 LIGUGR LAWS 4 39 !ti - 65.8 % 4 27 92 100.0% 76.3% 82.7% 1 16 17 45 I06 DISORDER CONDUCT 17 155 164 - 5.5 % 2 27 33 10.5% 17.4% 23.2, 4 9 13 14 73 KIDNAP 2 50.0% 1 TF.ESPA2S 0 2110 197 + 2!.8 % 5 46 47 IO.OY 19.21 23.9% 8 7 17 1? 58 ESCAPE 1 ]O-e.O .f i 100.0% 0..LL OTHER 45 449 413 + 9.7 % 9 145 167 20.0% 32.3%, 40.4% 3 9 17 49 105 THREATS 16 56.3 it 1 3 14.3% 18.8% 3 CUJRFEW/L811ERIUE 2 23 34 32.4 % 1 12 33 JO.OS: 52.2% 92.1% 2 2 75 1 RUNAWAY 3UV 4 37 43 2219 % 9 17 24.3% 35.4% 4 PART 1T TOTAL 209 1831 17?? + 2.1 % 45 635 726 21.5% 34.6% 40.4% 30 82 112 340 863 PART I S FART 11 276 2656 2583 + 2.2 % 69 840 896 23,3% 31,65 34.7% 40 105 145 472 970 ASHLAND POLICE DEPARTMENT FLCIOOIR CREATED: . • CONSOLIDATED INCIDENT REPORT 11172!44 15:55 a": OCTOBER 1444 CLASSIFICATION s REPORTED OFFENSES + + CASES CLEARED CLEARENCE RATES k NO. OF ARREST CHARGES s OF OFFENSES ACTUAL ACTUAL ACTUAL Y. CHANCE THIS THIS LAST YEAR TO THIS THIS LAST THIS THIS LAST THIS MONTH YEAR TO DATE MONTH YTD YTD DATE MONTH YTD YTD MONTH YTO YTD JUV ADULT TOTAL 3114 ADULT PART !II TRAFFIC CFIME HIT S RM 2 84 65 RECKLESS BRIV 4 4 4 S.U:Y 100.(•;. 8 ELUDING c" 1 + VIM) v 1 `.'0.0% 2 2 DR. WHILE S'USP 9 11 27.3 a ? 11 100.0% 10010% !I FT DISP DF.V LIC t 00,p I 100.06 TRAFF ACC.-FATAL TRAFF ACC.-INJURY 5 61 31 + 96.9 1 i 1 1.6"n 312% TRAFF ACC-PRP DAN 26 205 117 + 75.2 % 1 4 Mu,, 2.0% 3.4,, FISH L GANG I MARINE 'VIOLATIONS ILLEGAL ALIEN C98TODY 3 1'i0.9 » 1 3313'% WARRA!TTE 7 4E, 42 + 9.5 1 45 41 1OO.OS 47.8! 47.6% 7 7 E8 M':l RECVRD-OTHEP. 6 5 + 2^.0 t ! 2 16.7% 40.08 PROP REC'JRD-OTHEP 2 4 50.0 % 1 CM% FUGITIVES 7 42 .5 + 22.7 % 9 8' 75 U9.4! 74.6! 1"M 0Y 1 14 15 16 1!8 MIESINfi FERSOIlS 2 6 2 + 200.0 X SL'DGEN DEATN!BGD7 ! 12 8 + 62.5 7. SU,ICIBE-ATNPT 2 1O 90.7 OTHER AMMITS 2 3 At11MF.L P?09LEM5 =3 42! 321 + 31."c il 2 6'd PROPERTY LIF/C 50 345 372 * 7.0 % 1 1 3% 3% ABAfIDOHE➢ ALITO 37 335 275 ! 13.6 % LOCATE C!!LY 4UT6 !,POUND ALYO 13 21 Soli ASSIST. RFNDER'B 1;7 736 782 + 13.S 3 4% BOMEBTIC FRO'LEN5 Ai 1,4 + 11.4 % 1!iSEC9Rc FREM!SES 6c 70 3.7 % SUSP FE31CIFC 6! 456 338 + 3-1 .7 PUBLIC SAFETY 3 77 33 ? 1 1.25 DISTURBANCE!NME 53 811 ill + 14.1 3D:K CARED FOR 22 187 176 + 6.3 5 i ! c 3.6:i MARINE ACTIVITIES TRAFFICIROADS 32 373 426 !2.5 11 1 3% CIVIL CINiPLAINTS 2 57 78 26.7 2 VEH DISFOSITIGN AL ARTS SOUNDING CONFIRMED 3 1 + 200.0 A =ELSE 2C! 223 200 + 11.5 4 ACCIDENTAL .. I4 FAULIi 1 - - OTHER 2 SUBPOENAS ASSLT AG OFFICERS 3 1 + 200.0 > 1 107.(!: 100.0% OTHER N!SC 10 114 170 - 33.0 % PART III TOTAL 510 5074 4480 + 13,3 ! 17 1i3 160 3.36 3.4',7, M% 1 21 22 20 216 GR41;D TV- E06 7730 '013 1 4.4 % 86 IM ME 10.7:» 13.1% 15.05 41 126 !67 492 1214 As AF, {�f `� e m o r tt n >cE n m November 7, 1994 Mayor and City Council r � CO -4 rIIltt: Steven M. Hall, Director of Public Works ,6ubj9rt: Monthly Reports Attached are monthly reports from the Public Works department for the month of October, 1994. Enclosures (cApw\morpt.mem) ENGINEERING DIVISION MONTHLY REPORT FOR: October, 1994 1. Issued 16 Street Excavation permits. 2. Issued 4 Miscellaneous Construction permits. 3. Issued 6 Address Change or Assignment forms. 4. Responded to 14 Certificate of Occupancy reviews. 5. Completed 6 Pre-applications for Planning Actions. 6. Completed 11 "One-Stop" permit forms. 7. Performed field and office checks on 7 partition plats. 8. Performed the following work on the Airport Improvement Project: a. Accepted FAA grant offer. b. Awarded contract to low bidder. C. Revised tie-down plan. d. Re-computed quantities resulting from change. 9. Located and mapped additional hangar spaces at Ashland Municipal Airport. 10. Assisted in remodel and moving of Public Works and Engineering offices. 11. Reviewed plans for construction of a proposed subdivision (Barton/Roberts Subdivisions). 12. Operated traffic counters at several locations. 13. Inventoried properties within the City which would qualify for an exemption for Storm Drain Utility fees. 14. Measured and computed all impervious areas at Ashland Municipal Airport for use with the storm drain utility. 15. Performed the following work pertaining to Skycrest Hill Subdivision. a. Held preconstruction conference. b. Prepared agreements for construction start-up. c. Issued notice to proceed. d. Computed service costs. e. Inspected work performed by contractor. 16. Updated City street index and map. 17. Performed the following work on the North Mountain Avenue Sanitary Sewer Improvement L.I.D. a. Inspected work performed by contractor. b. Prepared request for quote for additional work on pump station. C. Prepared progress payment No. 3. 18. Prepared a memo regarding requested sewer service to two lots on East Main Street, located outside City limits. 19. Responded to numerous vision clearance complaints. 20. Performed the following work relating to the construction of a retaining wall on Water Street: a. Completed design of wall. b. Prepared specifications and bid forms.. c. Distributed bid advertisement to contractors 21. Performed the following work on the North Main/Ashland Street waterline project: a. Reviewed and approved plans and specifications for project. b. Requested permit from Oregon Department Of Transportation for installation in N. Main Street. c. Prepared and distributed bid forms. d. Distributed plans and specifications to prospective bidders. 22. Prepared contract for services to conduct a boundary adjustment survey on "B" Street. 23. Inspected construction work performed on Capello Estates, Audubon, Eastbrook, Ashland Parkview and Struve Subdivisions. 24. Prepared report regarding various traffic safety recommendations and requests. 25. Continued mapping and design on the Strawberry Lane sewer and water project. 26. Performed the following work on the Railroad Village Subdivision improvement project: a. Prepared report on bid results. b. Awarded contract for construction. 27. Set several street centerline monuments. 28. Surveyed elevations around City Hall for Gary Afseth, Architects. (Ocnginurlm-thly.r,t) Water Quality Monthly report for October 1994 Water: Repaired 2 leaks in City owned water mains. Repaired 8 leaks in customer service and or meter. Repaired leaking PRV's at Clay and Grandview. Replaced 4 broken stops on water meter services. Changed out 10 water meters. Changed out 1-2" meter to a 3/4" meter and 1- 1 1/2 to a 1". Changed out leaking 1 1/2" water service to a 1" service. Repaired 2 water meters, 2" on Glenn and 6" meter to Oak Knoll Golf Course full of fish, illegally stocked in the pond. Installed 19 new water meters 3- 1 1/2" and 16 3/4" with hand valves. Installed 2 customer hand valves. Replaced 1 fire hydrant at Gresham with 2 new hydrants. Repaired 5 fire hydrants. Installed 8 3/4" water services and 2- 1 1/2" water services. Installed 350' of new 8" water main at Van Ness between Oak Street and Water St., chlorinated and tied over services and put it into service. Opened flood gates at Hosler Dam. Sewer: Installed 2 new 4" sewer laterals. Made repairs to 1 sewer line. Responded to 2 service calls. Replaced 2 sewer services. Responded to 2 main line plugs. Installed 40' of new 8" sewer main with 2 services and one lamp hole. Rodded City sewer mains. Miscellaneous: There were 94 requests for Utility locate calls. There was 86.442 million gallons of water treated at the Water Treatment Plant and 47.88 million gallons of water treated at the Waste Water Treatment Plant. Used 132 yards of 3/4" minus rock at various job sites. I I , Citv of Ashland Street: Division October 1994 Report SWEEPER: Swept 526 miles of streets. Collected 293 yards of debris. Responded to 145 utility location requests. Graded several streets and alleys. Patched pot-holes and sunken services. Completed major patching project on E. Main from Lithia Way to R/R tracks: 264.64 tons. Entire month using most of the crew. Sand-sealed all of the patching that was done on E . Main . Continued raising and patching manholes and valves in conjunction with our- re--surfacing projects. 2 crew members for most of the month. Picked up a total of 1151 gallons of CSS-1 tact: coat from Morgan Emultec in White City. Placed , with the paver, 20 yards of crushed , re-cycled asphalt on West Street from Alta to Scenic Dr. .Then applied 300 gallons of CSS-1 mixed with '00 gallons of hot water. Plaed , with the paver, 7.6 yards of re-cycled asphalt (asphalt grindings from pre-patching ) 3SO ft. up Fort: St . from Vista. Then applied 526 gall of CSS-1 mixed with 526 gallons of hot water. STORM DRAINS: Flushed and/or rodded several storm drain systems. Cleaned off catch basins. Cleaned out catch basins. Added cross-bars to catch basin grate on Black: Oat; . Patched a broken storm drain on Van Ness at Oat: St . . Began storm drain project on Greenmeadows off Tolman . Project includes 210 ft . of 6 in . solid perf PVC pipe back-filled with 1 1/2 in . round rock . Continuing storm drain project on 6th St . from "C" thru "B" to "A" that we started last spring . Total project includes 920 ft. of 12 in . PVC pipe , 2 cross-over drains and 7 catch basins . SIGNS/PAINT- Replaced street/stop sign post on Pioneer at "B" Sts . . Added arrows (3) to no parking signs in turn-outs on Pinecrest Ter . . Made up 3 street signs and 4 no parking signs on posts for contractor. Installed 2 no parking signs on Lisa Ln . Painted : one-way arrow on Beach Ave. at Hargadine, stop bar in Post Office alley at 2nd St. , E . Main at the R/R tracks , and stop bars on either side of the R/R tracks at Glenn St . . Removed 4hr . parking signs from the 4 downtown parking lots: So. 2nd St . Ha rgadi.ne , Lithia Way , and Pioneer . Also removed the 4hr . parking signs from Winburn Way. Replaced R/R sign on E. Main between Garfield and California. Straightened 25mph sign post on Waltzer- above Iowa . Replaced 2 faded no parking signs and re-set 1 post on Fern between Roca and Elkader . Began cleaning and re-arranging the sign room. MISC. : Hauled a total of 147 yards of old asphalt to our re-cycle pit on Glenview Dr. . Picked up limbs from Siskiyou Blvd . between Morton and Sherman . Picked up 2 wood stoves for the Conservation Dept. . PicI%ed up several dead animals. Placed old toilets in a dumpster at B St. yard for the Conservation Dept Took 3 propane bottles to dealer and had them filled . Picked up a wrecked car from Star Towing in Talent on Monday the 24th. for "RED RIBBON" week . First display area was on the Plaza. On Tuesday, the car was .moved to Palm St. at the College. On Wednesday, we moved the the car to the High School and Thursday to the Middle School . We returne the car to Star Towing on Friday. Took several yards of 3/4 minus rock to Fire Station 2. Returned rented , lighted barricades to Ashland Rental . Pir_4::ed up 7 concrete grade rings from LTM in Medford . Took monthly water testing samples from local creeks and also periodic water testing samples from the granite pit and the shop wash rack . Removed graffiti from the R/R over-passes on No. Main and on Water St. at Van Ness . Cleaned up facilities and equipment on a weekly basis. Helped in shop when needed . Held monthly safety meeting . Special guest: Mike Biondi : Up-dated information on Workers Comp: Forms, procedures, etc . . City of Ashland Fleet Maintenance _ October 1994 Report 3 mechanics completed work on 118 work 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 tested on a weekly basis. I and M certificates issued for the month: City of Ashland : 35 City of Talent: 7 . aoFAsH``ya � EmarMYt � ltm OREOOa,. October 18, 1994 II: John MacLaughlin, Planning Director rum: James H. Olson, Assistant City Engineer 11UjEtt: REQUEST FOR EASEMENT AT LIBRARY U.S. West Communications has recently requested an easement to enable them to relocate the existing above ground telephone enclosure located on Gresham Street and Hargadine. Their request is to remove the existing enclosine, located in the pada0w on Gresham Street, and insO a new and larger enclosure behind the sidewalk on Library property (see attached map). The new enclosure is approximately 5112 feet high by 3 feet wide and is painted beige. A similar closure was installed at the U.S.West facility at Seventh and East Main Sheets,if you wish to see what is proposed. U.S. West is willing to repaint the closure, to our spwifications, and to install landscaping around the unit to partially obscure it. Apparently there is no alternative to the size of closure required. If the City does not wish the closure to be installed behind the walk as shown, the new unit will be installed in the padcrow at the location of the existing one. The easement would of course require approval by the Council, however some direction should be provided. Would you please present this request to the IPistoric Commission for their review. Should the Library System also be contacted? cc: Steve Hall Brian Almquist i lvf Poi�� o s l kL A So E- � I i J i I Lr 5� U,4u BF pp tj au Ll R�) � uavl i711 olJC'*3 Z T/ktr- qS L V '�e.mo......a Aemorandum '•.GREGG�.•', November 10, 1994 Mayor and City Council ratty. Terry Skibby, Ashland Historic Commission II�IjPtt: U.S. West Easement on Library Property The Review Board met on October 20, 1994 and discussed the request for a U.S. West easement at the library as requested by Planning Director John McLaughlin. We went to the site and decided that moving the enclosure would impact the library. The original location would make it stand out less, as would moving it closer to the library. We also spoke with Bob Wilson, the head librarian, who felt it would affect the little park area to have it located there. According to Mr. Wilson, the more it stands out, the more prone to graffiti it will be. If it is located closer to the building, it will be easier to screen with plantings. Although no formal vote was taken, it was discussed at the November 2, 1994 full Historic Commission meeting. The Commission recommended the enclosure either'remain where the existing enclosure is located or it be moved closer to the library where it can be screened more thoroughly. We would also like to point out that both the library and the Mickelson-Chapman Fountain are listed as primary structures on the Heritage Landmarks List. shlanb lJoXice Peyaxtment -AV 1175 E. MAIN ST. ASHLAND, OREGON 97520 Phone (503) 482-5211 0 m m ,-Y Z OF'es9 �S P4 q THE November 4 , 1994 GARY E. BROWN Chief of Police TO: Mayor and Council FROM: Gary E. Brown, Chief of Police SUBJECT: Liquor License Application Application has been received from KELLY J. DAVIS AND KELLY S. DAVIS dba\ TRINITY LANES for a LIQUOR license, for an ESTABLISHMENT located at 1505 SISKIYOU BOULEVARD, ASHLAND. A background investigation has been completed on the applicant and approval of this application is recommended. GARY ROWN CHIEF F POLICE MC:kmh ���Xtt�� ��XicE �E�ttr#mex�t aQ OF r� F� 1175 E. MAIN ST. ASHLAND, OREGON 97520 Phone(503)482-5211 a tiQ, Nli :0 m Z OFA R r 4 RTME November 10, 1994 GARY E. BROWN Chief of Police TO: Mayor and Council FROM: Gary E . Brown, Chief of Police SUBJECT: Liquor License Application Application has been received from Marta Traister, dba\ Fourth St Garden Gallery for a LIQUOR license, for an ESTABLISHMENT located at 265 Fourth St, ASHLAND. A background investigation has been completed on the applicant and approval of this application is recommended. GARY . BROWN CHIEF OF POLICE MC:bah ASHLAND PARKS AND RECREATION COMMISSION 340 SO. PIONEER STREET ASHLAND, OREGON 97520 PARK COMMISSIONERS: +0 F`AS/�4 KENNETH J. MICKELSEN 1 y Director PATRICIA ADAMS V - ALLEN A.ALSING _ w' TERI COPPEDGE - - ` '-. r, LAURIE MacGRAW c TEL.:(503)488-5340 ROBERT J. MALONE o4FG0�,•'` FAX:(503)488-5314 November 10, 1994 Mayor Golden and City Councilors CITY OF ASHLAND Ashland, Oregon 97520 Honorable Mayor and'Councilors:, Ashland Parks and Recreation Commissioner Robert Malone has submitted his resignation from Position #3 on the Commission effective November 14, 1994. In the recent election;' Robert Bennett was elected to Position #3 for the term which will begin January 1, 1995. The Commission is requestingah`at Mr. Bennett be appointed to complete Mr. Malone's current term for this position. , Thank you for considering this matter.'.• ` f f y r 1 � Sincerely, Allen A.�Alsing, Chair Ashland Parks and Recreation Commission cc: Brian Almquist, City Administrator 1:MISCN4ALONE.94 Home of Famous Lithia Park ]✓....... ... .: .w.....:.i.r_. . ... .............r....�.14...-.x..rv...vvr: . . . J44o. ASH4ye Emar �tn >cEixm �R100 1994 • .: October 18, t y. 1, Brian Almquist, City Administrator ^ �] Steven Hall, Public Works Director 1 . ram: / �4ubject: Request for Sewer Connection ACTION REOUFSTED City Council deny request to allow the connection of existing home at 2855 Fast Main Street(39-lE42,TL 501) and vacant lot (39-lE-12, TL 400) to City sanitary sewer. F - F BACKGROUND As noted in the Jackson County Planning Department staff report,Tax Lot 400 was a land-locked parcel of e property until the boundary line adjustment was granted by Jackson County. Tax Lot 400 is vacant but can be used for a home since it now has legal access to East Main Street meeting Jackson County requirements. Tax Lot 501 has an existing septic tank which is functioning properly as there is no mention of a failing system. The lot line adjustment will place a portion of the septic system on Tax Lot 400. One option for the property owners would be to secure an easement from Tax Lot 400 for the portion of the septic system that is located on Tax Lot 400. (See Jim Olson's memo for additional information.) ` From staff s standpoint, I am finding it difficult to recommend either of the properties a sewer connection because either the problem is self imposed or does not exist. Also,the previous Ashland Municipal Code(AMC)had a stipulation that the building be in existence prior to 1973 which has been eliminated from the existing AMC. Each of the lots are approximately 2 acres in size and provide adequate land for a septic system. On the other hand, there is always the potential of pollution of Neil Creek just above Bear Creek. The sanitary sewer exists on the south side of East Main Street and would require crossing the county road. i Jackson County has required the City of Ashland to bore rather than open cut any paved county streets. If the Council approves either request, Council should stipulate that the property owner(s)pay the additional cost of PAGE 1-tc:mwuvmmdr.Me4 f _ _ .. . F 3oring a line under East Main Street. Staff is recommending that City Council deny the requests until at.such time there is a documented health problem :)y Jackson County or, the properties are annexed. Staff feels this is in compliance with the letter and spirit of the AMC. S 7 I� cc: Jun & Wink Jean, Applicant Joseph and Mary Rodriguez, Applicant Jun Olson, Assistant City Engineer, Dennis Barnts, water Quality Superintendent Enc: Olson memo 10/11/94 Jean letter 9/23/94 Rodriguez letter 9/23/94 Plan map Assessor map ' Jackson County Planning Staff Report (File 94-43-LLA dated.7114/94) AMC 14.08.030 f PAGE I� o * .. r 1JU� Qmar and um �4EOO October 11, 1994 • Steve Hall, Public Works Director ram: James H. Olson, Assistant City Engineer 1xU;Ctt: SEWER CONNECTION TO PROPERTIES OUTSIDE CITY LB41TS h Attached are two letters requesting connection to City sewer facilities on East Main Street. The properties are outside the City limits and are currently undergoing a boundary adjustrrrerrt along their common.boundary. The easterly parcel(39-11112 Tax Lot 501, Jean property)2855 East Main Street will lose a major portion of its easte drainfield in the boundary change and the request for sevw connection would compensate for its loss. The existing house on that lot was constructed five or six years ago. Attached is a copy of the applicants map showing the locations of the house, drainfield, etc. 'The second lot is north and west(39-1E-12 Tax Lot 400)of the Jean property and is currently vacant. Both lots meet the criteria for connection to City sewers except the existing building requirements. Neither lot has a home that was constructed prior to 1973. Although this requirement is not specifically listed in the ordinance I understand that it is to_be considered. Would you please let me know if either of their requests can be considered at this time? Attachments: Tax Lot Map Applicants Map Applicants Letters i 1994 ZIP � GInC Div. �,faJf September 23 , 1994 Mayor Golden and City Council Members RE: 2855 E . Main Street, Ashland, Oregon We are requesting approval for a sewer connection outside the city limits. We . meet the' requirements of Ordinance 2704 as follows: r 1 . The property is within- the UGB; 2. There id a sewer in place across East Main from our property; 3 . We will execute a Consent to Annex. Out tax lot is 39 lE 11501 . The property is in the process of being surveyed due to the lot line adjustment; :T,. - 4 . We are willing- ,to -execute .a deed -restriction preventing partitioning prior to annexation' 5 . We are willing to pay- the sewer' connecfion fees and system development charges. We have approximately 1800 square feet and .10 .fixture units; 6. Our need is as follows: Due to the lot line adjustment, our drain field is no longer on our property. Our property is split by Neil Creek and any new drain field located on our property would be directly adjacent to Neil Creek. A failure of the septic system may result in pollution of the creek. Thank you fo yo cons Jertion. I Sincerely, Jim and Wink Jean r .n ..... rr.• .........rim..Y.wt.t..-..f_r..M.n.n-...:......�..:�.rr.✓.r...:-... :.:v'vw:Y�:..•y«r.Y F•,.r �`:/1�r' rr.L-�erL.�.i..l... X 13 September 23 , 1994 Mayor Golden and City Council Members RE: E. Main Street, Ashland, Oregon We are requesting approval for a sewer connection outside the. city limits . We meet the requirements of Ordinance 2704 as follows: 1 . The property is within the UGB; 2 . There is a sewer in place across East Main from our property; 3. We will execute a Consent -to- Annex. Our tax lot is 39 lE 11400 . The property is in the process of being surveyed due to the lot line adjustment. approved by Jackson County on July 14,1994; 4. We are willing to execute a deed restriction preventing partitioning prior to annexation; ' } 5 . We are willing to pay the sewer connection fees and system development charges . We will . have approximately 1600 square feet and 10 fixture units;: 6 . Our property is divided , by Neil Creek and any drain field located on our property would be directly adjacent to Neil Creek. A failure of the septic system may result in pollution of the creek or nearby wells . Thank you for your consideration. r S'ncerely, r seph and Mary Karen R d iguez � C 16 CL c i S T6� i � t Cr 4 q i� � • ......��...>:+.. ..__: _�.:.:......::....:.._so.:.::.:u,>c��..,:. ...c.ax::c,:c:>.v:.. ........__....._.__._.as,..,..._..........:_..aic.v'r.�s�.•.r'Y z - w•. �k 7 1` �y N Qi CC o- i 04 LSD ui L -L LO :,-sr: _ - ✓LI � V• . 9 LL) LO 4 y © n 7 C. - ' f JACKSON COUNTY OREGON DEPARTMENTPLANNING AND DEVELOPMENT, /` "IIIII'• 10 S.OAKDALE MEDFORD,OREGON 97501 KERRY L.LAY. DIRECTOR .(503)374.7554 • p FAX:(503)776-7384 JACKSON COUNTY PLANNING DEPARTMENT LOT LINE ADJUSTMENT STAFF REPORT i i i APPLICANT: Joseph and Mary Rodriquez FILE NUMBER: 94-43-LLA. 2911 E. Main Street Ashland OR. 97520 APPLICANT: Jim and Wink Jean 2855 E. Main Street Ashland OR- 97520 -_ LEGALDESCRIMON: TWP 39 RANGE, lE SECTION I1 TAX LOTS 400 and 501 LOCATION: The property is located on East Main Street, Ashland OR. I NATURE OF APPLICATION: Adjustment of a common property line of Tax Lot 400 from 2.23 acres to 2.23 acres, and the size of Tax Lot 501 from 1.84 acres to 1.84 acres. DECISION: Approval with Conditions. L FINDINGS OF FACT A) Date.of Creation: Both parcels were created prior to_ zoning ordinance and are considered pre-existing. ' I B) Parcel Size: Tax lot 400 is 2.23 acres and tax lot 501 is 1.84 acres C) Assessment: Tax lot 400 is assessed as vacant tract and tax lot 501 is assessed as residential, neither parcel receives a special assessment. D) Access: Tax lot 400 does not have road frontage, tax lot 501 fronts On East Main i Street I r - E) ..-Fire Protection: The property is in Jackson County Fire District 95 and is within I .-five road miles of a responding station. ....... .F.,...... lr94,43-LLA . . t , v •Irrigation District: None Land Use. Residential Zoning , �� 1) . Subject property RR 5 2) _ Property to the north City. of Ashland J 3). Property to the south fRR 5 - J Property to the east: city of Ashland 5) Property, to the west RR 5 IL it APPLICABLE CRITERIA y h'`i'a h 3 x" 7.'sv i.�a� (* ) z . .^.s ,p'x a,•_..r A^� y,. J 3 4 ; - + ��. -+To a rove this a hcatron, the Countysmust determine that,the application rs in conformance PP PP , t w�th.Sechon 40 030 of the Jackson Co in Land Develo ment Ordinance ••��'F :J' H y'Yj, S .Y " 1 1' rtr�i r V 41Y -�-ye IIL} .FINDTrI6S OF L COMPLIANCE~,: WITH ' THE JACKSON COUNTY LAND +DEVELOPMENT ORDINANCE r _ ''yFX�a.�r T� r 4xt Tr zChapter 40 030 of the Jackson County Land Development Ordinance establishes the follovang , cntena for.approval of a lot line:adjustment y A t F A) The proposed adjustment vnll not resulttm,the creation of any more,developable parcels or lots than previously'existed or`provrde access regmred by this ordinance DING::,.The proposed adjustment -will not create any additional developable parcels Taz lot 400 was created poor to County'access regwrements and therefore ' not required to have County, recognized access for development purposes however, this proposal will give tax lot,400 physical frontage onto East Main Street , proposal vnll not render any lot or parcels unusable'nor sha1T the usefulness � a�5> - utility or viability of the lots or pazcels for the stated purpose of the zoning drstnct be decreased as a result of the`proposal" r ;f C� FINDING +This proposal wtll'not render these parcels unusable fBy approvrrig the line ad ustment ' azcel}400 will be more'accessible because of the`physrcal t?i j is P f � F r t J �ti� Ysrtr+: Y --frontage t 5 East Man Street " <°r .,,` ..za ' ` '.�-•� �` }' W Y a File 99443-LLA Page 73- C) Lots or parcels which presently conform to requirements for lot or parcel area in the zoning district in which they are located shall not become nonconforming to diose :r'_` 'r'"'` requirements as a result of the adjustment. FINDING: This district requires new parcels to be 5 acres in size with a minimum lot width of 300 feet. Neither of these parcels meet the lot area or lot width requirement for the RR-5 zoning district. D) M1... Lot or parcel line adjustments shall result in greater conformity'where it'can be achieved. Adjustments to nonconforming.lots or parcels will not result in greater nonconformity or render substantially conforming lots or parcels more nonconforming, provided however, the Planning Director may approve a reduction_ in area which results in nonconformity or greater nonconformity if the Planning Director finds that the subject lots or parcels of adjacent parcels are benefitted in the public interest.. FINDING: '.The proposed adjustment will result in very little change to the lot width requirement or the lot area requirement. The acreage will remain approximately the "same ::Tax lot-400 has a 134 foot average lot width.before the adjustment and will have approxirriately 156 foot lot width after the'adjustmentr Tax lot 501_has a 123 foot•averagelot width.before.the adjustment.and`vnllhave:approximately..120 foot average after the'adjustment. The adjustment is so minor it has been determined this p;oposal will not result in greater nonconformity. KE) New property.lines may cross zoning district boundaries unless the adjustment will increase the number of parcels or lots which could potentially be created from the i adjusted properties based upon the density requirement of the applicable zoning district... However, this finding shall not be required where the zoning districts - require the same density. • i FINDING: New property lines will not cross zoning district boundaries.' F) ' The proposal will not impair the usefulness of any public or private easement. Proper procedure for creation of access is through filing of a partition or subdivision" application. FINDING: The plot plan submitted by.the applicant did not include any public or private easements. This proposal will not impair the usefulness of any easements:. G) The overall proposal is found to be appropriate design in terms of the overall a development of the area. FINDING: The proposal is found to be appropriate for the overall development of the area. Surrounding parcels to the west and south have road frontage, as will tax I I ......:.i.:v. File 494-43-LLA Page -4- lot 400 with the proposed adjustment. The Ashland Municipal Airport to, the east was not included in this finding. H) The proposal will not result in violations of setbacks and building standards required for fire protection under the Uniform Building Code. FINDING: These parcels are zoned RR-5 and at this time require a 100 foot fuelbreak. New structures or additions to existing structures which are closer to property lines than the existing building, may obtain a fuelbreak easement onto adjoining property or apply for a fuelbreak reduction to reduce that requirement. Tax lot 400 is vacant and must comply with current regulations. Tax lot 501 has a house and shop which do not appear to get closer to the new proposed property line than they did to the existing line. I) Proposed parcel or boundary line adjustments which have the net result of physically relocating a parcel to a new location beyond an existing common boundary line will not be approved and must be reviewed as a partition. FINDING: This proposal will not physically relocate either parcel. IV. CONCLUSION Based.on the above findings, staff found the lot line adjustment proposal, with adherence to. conditions of approval stated below, to be consistent with the regulations contained within Chapter 4d of the Jackson County Land Development Ordinance. V. DECISION File 94-43-LLA, an application for a lot line adjustment for property described as Township 39 South, Range 1 East, Section 11, Tax Lots 400 and 501 is approved subject to the following conditions: A). No structures may be located within 20 feet of the new property line. B) All new structures must comply with Chapter 280.100, fire safety standards and maintain a 100 foot fuelbreak. C) The adjusted property line shall be surveyed and marked with monuments of either galvanized iron pipe (not less than one-half inch inside diameter) or iron or steel rods (not less than five-eighths inch in diameter and not less than 24 inches long). The survey map/mylar must be submitted to the Planning Division for review and signature within 180 days from the date of this approval. Failure to meet these deadlines will cause the approval to be void. No further requests for extensions can be approved. l File 994=43-LLA Page -5- D) A new deed must be prepared for each parcel involved in this adjustment describing its new boundaries. Please see explanation enclosed. At the top of the deed must appear "Lot Line Adjustment, Jackson County File No. 94-43-LLA". IF EITHER PARCEL IS BEING PURCHASED ON CONTRACT, BOTH FEE TITLE AND CONTRACT PURCHASERS MUST AGREE TO THIS ADJUSTMENT AND A MODIFIED CONTRACT MUST BE RECORDED WITH THE NEW DEEDS. This ensures that those people who have a legal interest in the subject properties have approved the lot line adjustment. A title company, attorney,.or your surveyor may be of assistance to you in preparing the deeds. ALL TAXES MUST BE PAID IN FULL BEFORE THE ASSESSOR'S OFFICE WILL PROCESS THE LOT LINE , ADJUSTMENT. E) This property is identified on the National Wetlands Inventory. Please contact the r f Division of State Lands at (503) 378-3805 regarding the wetlands designation and .1i coo! permit requirements. It is the applicant's responsibility to ensure that the lot line adjustment occurs consistent with the submitted application. Once the survey has been approved by the Planning Department, the deeds must be recorded with the County Recorder's Office, and the survey, with the OR number of the deeds must be.filed with the County Surveyor. Notice of this decision is being sent to property owners in the vicinity of this property. They have the right to request a hearing within 10 days of the date of this decision. Therefore, this decision will not be final until 10 days after j this mailing. I ' ' JACKSO,Nr COUNTY PLANNING DIRECTOR BY: Bobbi Becker Planning Technician''I++ DATE: q Q `1 l , [94 3.11.%11 cc: Denny Nevin, Assessment I ASHLAND MUNICIPAL CODE Title le 14 14 08 030 Connection Outside CV, Inside Urban Growth Boundary. Premises located outside the City of Ashland and inside the urban growth boundary may be connected to the sewer system when such connection is determined by the Ashland City Council to be in the best interest of the City of Ashland and to not be detrimental to the City's sewage facilities. Such connection shall be made only upon the following conditions: A. The applicant for sewer service pay the sewer connection fee and the systems development charges established by the City B. In the event dwellings or buildings connected to the sewer system are subsequently replaced for any reason, then the replacement building or dwelling may continue to be connected to the sewer system of the City as long as the use of the sewer system will not be increased as determined by the Director of Public Works. C. There is an existing Ashland sewer main or line to which the premises can be connected. D. The applicant furnish to the City a consent to the annexation of the land, signed by the owners of record and notarized so that k 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 o 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. (Ord. 1820, 1974; Ord. 2147 S2, 1981; Ord. 2314 S2, 1984; Ord. 2322 S1, 1984) F. The owner shall execute a deed restriction preventing the partitioning or subdivision of the land prior to annexation to the City. G. That the land is within the Urban Growth Boundary. (Ord. 2322 S2, 1984; Ord. 2704, 1993) Title 14 Page 3 RESOLUTION A RESOLUTION AMENDING RESOLUTION 83-13 TO EXPAND THE CITY S EXISTING DEFERRED COMPENSATION PLAN WITH ICMA BY PERMITTING ALL EMPLOYEES TO PARTICIPATE ANNOTATED TO SHOW DELETIONS AND ADDITIONS. DELETIONS ARE LINED T-HR8d6H AND ADDITIONS ARE ARIgM. Recitals: A. The City of Ashland established a deferred compensation plan with the International City Management Association Retirement Corporation in 1983 for its management and supervisory employees. B. The City desires to expand the availability of this plan to include all employees of the City. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: Section 1 on Resolution 83-13 is amended to read:. 'That the City hereby authorizes the establishment of said deferred Compensation Plan for its Management and SqpepvmseFy employees." f 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 Reviewed as to form: Paul Nolte, City Attorney PAGE 1-RESOLUTION(P:ard\de+e«om.r") PmaranAnm ' GREGGa October 31, 1994 `CID: Brian Almquist, City Administrator ram: Steven Hall, Public Works Director . p$1IU;9tt: Project Agreements ACTION REQUESTED City Council authorize City Administrator to sign attached Local Agency Agreements with the Oregon Departnwt of Transportation for: 1. East Main Project, Phase H, Agreement #13186 2. Central Ashland Bike Path, Agreement #12748 BACKGROUND EAST MAIN PROJECT During November, 1993 the Council authorized a similar agreement for a "fired exchange" for the first phase of the impro�of East Main Street from the Southern Pacific Railroad Crossing at Fast Main to Wal a Avenue. The fund exchange allows the City to expend the funds on any street project without all of the federal and state "red tape". The exchange rate is $0.94 for each $1.00 in grant funds. This project will authorize$84,898 in state funds to be applied to phase Il which includes the completion of a major stone drain(48 inch diameter)on the north side of East Main Street including the sidewalk. The project will be designed and inspected by the Ashland Engineering Department. The next allocation should complete the project including two sidewalks, two bike lanes and on-street parking. CENTRAL ASHLAND BIKE PATH This rather simple agnernent represents a lot of energy expended by Phil Amold and Pam Barlow. Phil and Pam spent countless hours with local schools, SOSC and ODOT to bring this project to fruition. This PAGE 1-(.:v-\.dou R L�) will complete the bikepath from Eighth and "A" to Ashland Street and Clover. I The project will be designed by an engineering firm, to be selected by the City of Ashland, and approved by ODOT. The grant is in the amount of $248,800 and the local match of 10% is contained within the current budget. Pam talked to ODOT and was told that the project would probably not be starting until 1996. I I cc: Pam Barlow, Administrative Assistant Jim Olson, Assistant City Engineer Jerry Glossop, Street Superintendent Bicycle Commission Enc: Agreement #13816 Agreement #12748 PAGE 2-(=Pw%odougm.LU) nD OCT 2 7 1994 D DEPARTMENT OF CITY OF ASHLAND TRANSPORTATION REGION 3 October 24, 1994 FILE CODE: Steve Hall Director of Public Works City of Ashland 20 East Main Ashland, OR 97520 Dear Mr. Hall: Enclosed for your review and signature by appropriate City officials are three (3) copies of Local Agency Agreement No. 12748 for the proposed Central Ashland Bike Path project. This agreement shall be authorized during a regularly scheduled meeting of the City Council. After your review please return the signed agreements to me. Sincerely, Michelle Mock Agreement Specialist mm Enclosures cc: Program Services 3500 NW Stewart Parkway Roseburg, OR 97470 (503) 440-3399 734-1329 (6-94) FAX (503) 440-3465 October 12, 1994 Misc . Contracts & Agreements No. 12748 LOCAL AGENCY AGREEMENT ENHANCEMENT PROGRAM PROJECT THIS AGREEMENT is made and entered into by and between THE STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as "State" ; and THE CITY OF ASHLAND, acting by and through its Elected Officials, hereinafter referred to as "Agency" . 1 . By the authority granted in ORS 190 . 110, 366 . 770, and 366 . 775, State may enter into cooperative agreements with the counties and cities for the performance of work on certain types of improvement. projects with the allocation of costs on terms and conditions mutually agreeable to the contracting parties . 2 . Under provisions of the Intermodal Surface Transportation Efficiency Act of 1991 ( ISTEA) , Oregon is required to set aside federal funds for projects to address transportation enhancement activities. 3 . Under said provisions, Agency plans and proposes to intertie the Bear Creek Greenway with the City of Ashland' s Bicycle System, hereinafter referred to as "project" . The location of the project is approximately as shown on the sketch map attached hereto, marked Exhibit A, and by this reference made a part hereof. 4 . The project shall be conducted as a part of the Enhancement Program under Title 23, United States Code, and the Oregon Action Plan. The Enhancement Funds are limited to $248, 800 . Agency shall be responsible for the match for the federal funds and any portion of the project which is not covered by federal funding. 5 . The Special and Standard Provisons attached hereto, marked Attachments 1 and 2, respectively, are by this reference made a part hereof. The Standard Provisions apply to all federal-aid projects and may be modified only by the Special Provisions. The parties hereto mutually agree to the terms and conditions set forth in Attachments 1 and 2 . EN394001/07538 -1- i I Agreement No. 12748 CITY OF ASHLAND 6 . Agency shall enter into and execute this agreement during a duly authorized session of its City Council . IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written. This project was approved by the Oregon Transportation Commission on July 20, 1994 as part of the 1995-1998 Statewide Transportation Improvement Program, page 149 . The Transportation Commission Delegation Order No . 35C, paragraph 65, authorizes the State Highway Engineer to sign this agreement for and on behalf of. the Commission. Said authority has been further delegated to the Program Services Section Manager pursuant to Subdelegation Order No. HWY-6 paragraph 11 . APPROVAL RECOMMENDED STATE OF OREGON, by and through its Department of Transportation By Region Manager By APPROVED AS TO Program Services Section Mgr. LEGAL SUFFICIENCY Date By Asst. Attorney General THE CITY OF ASHLAND, by and through its Elected Officials By APPROVED AS TO City Manager LEGAL SUFFICIENCY Date By City Attorney EN394001/07538 -2- ATTACHMENT NO. 1 TO AGREEMENT NO. 12748 SPECIAL PROVISIONS i 1 . The parties agree that this agreement shall become null and void if the funds for this project are not obligated for construction within two calendar years after the date of Oregon Transportation commission approval, OR upon SHWA approval, OR upon execution of the agreement. 2 . Agency, or its consultant, shall conduct the necessary preliminary engineering and design work required to produce 1 final plans, specifications and cost estimates; purchase all necessary right-of-way; obtain all required permits; arrange for all utility relocations or reconstruction; perform all construction engineering, including all required materials testing and quality documentation; and prepare necessary documentation to allow State to make all contractor payments . 3 . State and Agency agree that minimum design standards shall be recommended AASHTO Standards, unless otherwise requested by Agency and approved by State. 4 . State and Agency agree that right-of-way activities shall be in accord with the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, as amended. 5 . Agency guarantees the availability of funding in an amount required to fully fund the project . Agency further guarantees that adequate funds are available prior to advertisement for bids to accommodate 110 percent of the engineer' s estimate. 6 . Agency shall, at its own expense, maintain and operate the project upon completion at a minimum level that is consistent with normal depreciation and/or service demand. 7 . If Agency hires a consultant, Agency agrees to follow ODOT' s adopted procedures for selection and hiring of consultants. All consultant billings shall be initially reviewed, approved as appropriate and paid by Agency. Consultant billings shall be submitted to ODOT for reimbursement by Agency. 8 . Agency shall maintain and account for the federal and/or state financial interest in project property and assets . - 1 - 9 . Agency shall, upon completion of project and as a condition to this agreement, complete and file with the appropriate County Clerk, an Acknowledgement of Federal Assistance, which is attached hereto as Exhibit B, and by this reference is made a part hereof. Agency shall provide confirmation of this filing by forwarding to the Region 3 Manager a conformed copy of the recorded Exhibit B. By means of said acknowledgement, a lien shall be established against said property and assets subject to the satisfaction of Agency' s financial obligations, the continued use of said property for public purposes, and the maintenance of the facility or service at a level consistent with normal depreciation and/or demand. State ' s interest in said property is proportional to the federal and state participation in project. 2 - i EXHIBIT B ACKNOWLEDGEMENT OF FEDERAL ASSISTANCE The property and assets under the jurisdiction of the City of Ashland were improved with assistance from the United States Government under an agreement executed between the City of Ashland and the Oregon Department of Transportation dated Such assistance was provided to the City of Ashland in reimbursement of costs associated with the construction of a bike path. The use and disposition of said property is subject to the terms of the above noted agreement, copies of which may be obtained from the Director, Oregon Department of Transportation, and is also subject to 49 CFR Part 18 which may be obtained from the Federal Highway Administration, U . S . Department of Transportation, 400 7th Street, S .W. , Washington D. C. 20590 . By Title : SUBSCRIBED and SWORN to before me this day of 1994 . ( SEAL) NOTARY PUBLIC FOR OREGON My commission expires t tzi y M o .M 'ftj - , r.o °° i ! ., . 17.,a 00 : .. ..M,M it i Fi ��' ' ATTACHMENT NO. 2 STANDARD PROVISIONS JOINT OBLIGATIONS PROJECT ADMINISTRATION 1. State is acting to fulfill its responsibility to the Federal Highway Administration (FHWA) by the administration of this project, and Agency hereby agrees that State shall have full authority to carry out this administration. If requested by Agency, State will further act for the Agency in other matters pertaining to the project. State and Agency shall actively cooperate in fulfilling the requirements of the Oregon Action Plan. State and Agency shall each assign a liaison person to coordinate activities and assure that the interests of both parties are considered during all phases for all projects. Any project that uses federal funds, in project development, is subject to PS&E review and approval by FHWA prior to advertisement for bid proposals, regardless of the source of funding for construction. P F & ('(INSTRUCTION ENGINEERING 2. Preliminary and construction engineering may be performed by State, Agency, or others. If Agency, or others, perform the engineering, State will monitor the work for conformance with FHWA rules and regulations. In the event that Agency elects to engage the services of a consultant to perform any of the work covered by this agreement, Agency and Consultant shall enter into an agreement describing the work to be performed and the method of payment. State shall concur in the agreement prior to the beginning of any work. No reimbursement shall be made using federal-aid funds for any costs incurred by such Consultant prior to receiving authorization from State to proceed. On all construction projects where State is the signatory party to the contract, and where Agency is doing the construction engineering and project management, Agency agrees to accept all responsibility for and defend lawsuits involving tort claims, contract claims, or any other lawsuit arising out of the contractor's work or Agency's supervision of the project. Revised: 04/20/93_ LJW026c1h #3 i Z £a 4r�9Z0>lh WOZAO -ueld UOIPV uoSaio aql puu 'suoilLln2a1 pue salni VMH3 111TM aDuewlo3uoa uT aq IlLgs �l1oM gins 3o sploDai pue �jiwA llV •SUOTSTAOld leTaadS a111 uT pauTllno se aq IITM pafoid aql 3o sasLgd S11011eA aq] 103 Xl!!Tq!suodsa.1 10feW •VMH3 a111 woi3 PaMaJa1 uaaq svq paaaold of uoTILZ110Vllne Ua11M SUTITIM J uT XDUaSV Apjou llegs a1ulS -slaglo to ADuaSV 'a1u1S Xci pap!Aold aq of saDTAlaS apnpuT llegs wuAwd a11 L 'QgNIH LOO NHH9 SVH -IVAOUddV HDnS ` lINf1 QHUISHQ SI NOIIVdIJI.LUVd QIV-7VUHQHd HJIHM NI XLIAILJV XNV NO QHHJOUd `1'IVHS xUOM ON 'aaafold 1111 103 �I1oM uoTlanlasuOa puu suoTaLaolal Xl!l!ln alq!Slla 'uoij!stnbDP (eM-3o-111$11 '2u,1aauT2ua Ile UT uopedTaTalLd Pte-lelapa3 30 1eAOldde 103 ISanbal a LIITM VMH3 a111 01 we12O1d e 1!wgns llugs a1e1S •5 .LSHfl HU WVUOOUd SNO IIV I7fl0 H LV L •ueld uoT1aV UOS010 0111 Puu 'OYI PuL OIL 'II•I (U3J £Z) suoTlulnSaU 1e1apad 3O aPOJ £Z alIU '(OdV3) aP!nO AD110d P!V-lelapad 3o SUOTSTAo1d 'L86I 30 IDV S31D110d uoTllsmbaV A11ado1d luau PuL aauelslssV uogv:)OlaU Lu1o31ufl 'JSfI ZL 'PV AuMgSTH PTV-lelaPad 'JSfI '£Z allU '1aV �laLq)laT>I TluV "�Sfl 'I6 al1TL 'sluawulanoO IPDO-I pue alLIS 3o SI!PnV '06 PuL £Z SI1ed 'NdD 6iv alIU 01 pal!wTl lou lnq SulpnpuT 'suollulnSal puL salnlels algeaTldde IIu ql!m Aldwoa IITM Ca1ll 1e111 puelsiapun pue aa12?L olaaaq saT11Ld aLlI •y 'IDV luawlsn(PeaU ,suel3I@A e1H weulaTA 0111 PUL £1,6I 3o 10V uogelTl!gegau a111 3o L05 uoTlaaS SulpnlOuT 'suoTlelnSaU puL salnU 'sMe•I slgSTU l!ATJ algLaTlddu Ilu 111TM Aldwoa of saaiSL 1a111n13 AOuaSV a11Z 'aDueISISSe ILOULUT3 UOIIe110dsuujl, 3O 1UawlledaQ -S-fl alnln3 melgO of X:)uaSV a111 3o Al!l!ge aql IDa33u ALw lugl samseaw laglo 10 luawaalSe aq) 3o uopeulwial apnpuT Xew suoTlaues 11aTgM 'H 1ludgnS '£Z 11ed 'suoTlulnSaU ILlapa3 Io aPOD '6lv aII!Z UT Palou Se SUOMIDULS Bans asodwT IlL11s uoTlellodsueil 3o Iuawlludaa •S•fl a111 'welSold panoldde agl 1no X11ea 01 alnl!e3 Si! 3o buaSV @111 01 uOTluayTlou I uodfl -luawaalSe aDueISTSSe Ie1:)ULU13 STgI 3o uollelolA e se palLall aq 11L11s swial SIT lno Xi1e0 01 alnl!u3 puL uoTluSTlgo Idal e se paluall aq hugs wui2old legs •aDualoja1 Aq luawaai& aauLlslssu IuTauLU13 slgl oluT palLlodloauT sT wulSold UOTIau aAllew1T33e sTgl 'Ino �(liea of Saa12e XDUOa V 0111 11J111M wL'1SOId uoT1�V anpe1u1y3V aslldialuH ssaulsng I!IOUIW e paAOSdde sell uopellodsurij 3o luawlieda(I 'S•fl a111 puu pall!wgns sell XDuaBV aql aDuelslssu 3o uoTlTpuoz) e se 3I -£ :.LNHINHHU V H NVL I V VN13 LN � HV IV N AUTHORITY FOR SURVEY 6. State shall prepare an Authority for Survey which will itemize the estimate of cost for preliminary engineering services to be provided by State, Agency or others, and shall furnish Agency with a copy of such.cost estimate. FINANCE 7. State shall, in the first instance, pay all reimbursable costs of the project, submit all claims for federal-aid participation to the FHWA in the normal manner and compile accurate cost accounting records. Agency may request a statement of costs to date, at anytime, by submitting a written request. When the actual total cost of the project has been computed, State shall furnish Agency with an itemized statement of such final costs. PROTECT ACTIVITIES 8. State shall, if the work is performed by Agency or others, review and process or approve all environmental statements, preliminary and final plans, `specifications and cost estimates. State shall, if they prepare these documents, offer ``Agency the opportunity to review and approve the documents prior to advertising for bids. State shall prepare contract and bidding documents, advertise for bid proposals, award all contracts and, upon award of a construction contract, perform all necessary laboratory testing of materials, process and pay all contractor progress estimates, check final quantities and costs, and oversee and provide intermittent inspection services during the construction phase of the project. The actual cost of laboratory testing services provided by State will be charged to the project construction engineering expenditure account and will be included in the total cost of the.project. FREE BRIDGE DESIGN 9. State shall. as provided in ORS 366.155(h), prepare plans and specifications for the structure portion only of bridges and culverts at no expense to the counties. RIGHT-OF-WAY 10. State is responsible for acquisition of the necessary right-of-way and easements for construction and maintenance of the project. Agency may request to perform the acquisition functions, subject to execution of a written agreement. State Revixd: fM/20/93 3 LJW026c.1h m3 i I 6 ea v 39zoAi E6/OZ/PO :w<!,,ZI 1oj alelS of palltwgns aq IILgs s$ullllq jeuld '06I Pue 'OIL 'II'I HdJ £Z 'Dddd JO SUOTSTA01d ayI lapun olgeMolip asoyl aq Ileys uolledlDllled ple-jpiapaj loj alglo1Ia SIsOD jenpe s,dDuaSV quawAud 1oj SuilunoDDV U01STATCI AuMOTH oa uoileluasald Ol 1oT1d uoslad uosieT7 s,alelS Aq panoldde aq Isnw ,CDUaSV wolf pDATaaal s$ullllq jjy •alep of sasuadxa jpnpu uo paseq 'uopelnp gjuow Duo uegl ssal IOU jo spOTlad loj paluasaid aq Ilegs sSuilpq •pal J. TIDA Ajlsea aq of se iauuew e vans ul paluawn-lop pup alelS of ajgpldaDDp wloj e ul aq jjegs slljq yDnS •jenoidde pUe MaTAa1 1oj uoslad uoslel-1 s,alelS of Apallp lDafold aql jo jleyaq uo A:)ua$y ,(q palmDUl slsoD jenpu jo juaDiad OOI 1oj slllq payplaD Apadold luasaid Ileys Az)ua2?y •ZI I alejs jo aweu ayI ul jueq IeDol e Aq panssl llpaiJ jo lalla-1 algeDOnallj up (Z 10 '( ;)U1011y JO laMOd paliwTZ algeaOAallj ue Aq paluedwoDDe jood Iuawlsanuj luaiuulanOE) IeaO-1 ayI ul Ilsodap e aq Xew yDigM jo uolldo ue) Ainseail ajelS ayI ul pDllsodap AaUOw (j jo wloj ayI ul aq Xew Ilsodap aDUenpe aya 'SZb-99£ SNO 01 luensmd •pallnbal sl uollDnllsuoD 1oj Ilsodap aDUenpe ayI jo UOTjDajjO3 Dill jilun 10 OOS'Z$ spaaDxa lunowe ayI AjanpDajjOa plun pauodlsod aq lllM IDa[O1d aql jo aseyd M/u pup •g•d aql 1oj 009'Z$ upyl ssaj of $ullunowe s.11sodap DDUenpp jo UOTIDaljO:) •palsanbai aq IIIM a1euS s,IueDijddp ayI jo aDuelpq aql 'IDp1luoD alll j0 pleMe uod fl •IDafold ayI uo splq �uluado of loud s� aaM aalTll palsanbal aq IIIM pue 'aleUTilsa s,laauiSua ayl uo paseq 'alegs s.Az)ua2V ayl jo IuaDlad S9 Iuasaidai IITM Ilsodap Ielllul ails -shed oMI ul pallsodap aq IIIM uOIlDnllsuoD jo alegs s,X:)uaSV •asvild L oLa jo aleys palewpsa sll alelS yIIM Ilsodap 'saspyd uoiltsjnbDe XeM-JO-IyST1 pup 2UUaaulsUa Alpulwllald aql jo luawaDuawwoD ayI oI loud 'Ilegs ADuasy -II 3DNVNId N l.Lt/ I'lfl N9 d 'palTnbai aq z(ew anjeA Ia>11eu1 1Tej ayl jo aipys aleuolllodold pallnbal ayI jo alelS of IuawasmgwlaH -uotlisodsip jo awll aql It, IDajja ul ale yDNm suollejnSal pue salni algpDlldde of IDafgns aq Ilegs illadoid TlDns jo uolllsodslp aill 'asodmd pazuoillne Xlleulsll0 ayI 1oj papaau 1aguol ,ou sl uolledlDllled ple-Ielapaj yllM paseyDlnd Alladold Ieal Aue jj -sTrollelnSal pue sMel algDildde tptM aDuelldwoD alnsse oI A:)ua$V Aq ul pa$edua SalllnllDe AVM-JO-111S11 Ile MalA01 IIeyS processing within six months from date that costs were incurred. Partial billing (progress payment) shall be submitted to State within three months from date that costs incurred. 13. The costs records and accounts pertaining to the work covered by this agreement are to be kept available for inspection by representatives of State and the FHWA for a period of,three (3) years following the date of final payment. Copies of such records and accounts shall be made available upon request. For real property and equipment, the retention period starts from the date of disposition (49 CRF 18.42). This agreement is subject to the provisions of the Single Audit Act of 1984 (49 CFR, Part 90) as stated in Circular A-128 of the United States Office of Management and Budget. PROTECT CANCELLATION 14. Agency agrees that should they cause the project to be canceled or terminated for any reason prior to its completion, Agency shall reimburse State for any costs that have been incurred by State on behalf of the project. DELAYED STARTING DATE * 15. In the event that right-of-way acquisition for, or actual construction of the facility for which this preliminary engineering is undertaken is not started by the close of the TENTH FISCAL YEAR following the fiscal year in which this agreement is executed, State may request reimbursement of the sum or sums of Federal-Aid funds disbursed to Agency under the terms of this agreement. UTILITIES * 16. Agency shall relocate or cause to be relocated, all utility conduits, lines, poles, mains, pipes, and such other facilities where such relocation is necessary in order to conform said utilities and facilities with the plans and ultimate requirements of the project. Only those utility relocations which are eligible for federal-aid participation under the FAPG, 23 CPR 645A,.shall be included in the total project costs and participation; all other utility relocations shall be at the sole expense of Agency, or others. State will arrange for utility adjustments in areas lying within jurisdiction of State and, if State is performing the preliminary engineering. Agency may request State to arrange for utility adjustments lying within Agency jurisdiction, acting on behalf of Agency. Revised: 04/20/93 5 L)W026C.11i u3 i 9 [a vr�zaiif� f6/OZ/DO .Mr NDX -HMH3 agl pue aIeIS Ol klopejslles lauuew E u! put, 'asuadxa pue Isoz) umo sl! IL, pafoid aql alLiado pue uiqulew laljea.lagl 'uopaniasuoo jo uollaldwoz) uodn 'Ilegs ifaua2V -OZ 311111RI NOd HI H NVNHINIVW •auawaai2e slgl jo swlal aqa ql!M XldUioa of alnl!ej s;CauaSV wolf 2ulllnsal 'siaglo 10 'iolDelluoD aql Aq Iq$noiq swlEl:) ile ISUIE$e asuajap Ie2al ap!nold llegs fouaSV -61 SWIVID H Z `v2IINOJ -apE12 jo.aBuEga 10j 09L'S01 SNO lapun CI!l!gell of aIEIS lDafgns Iou Ilegs alelS Xq sueld jo lenolddy -sa$uega ape1S wolj sa&wep 103 Swiela IIE ioj Aj!l!q!suodsa1 sldaaae Agalaq 'AI!J e j! lbuaSV •X.IunoJ aql jo Isanbal loaiip aql le pagslldwOaae 2utaq a1E speoi ClunOD RUllSixa jo apElcq ail] aSUega 10 1allE (ew gacgM laafold aqI jo uopanllsuoo alaldwoa of Amssaaau slae Ile leg) sail& put, SSG,SOI SHO jo adoas pue laajja aql sadpalMouilae 'ClunoJ e j! 'Az)ua2V -81 XII1IRVI13ONVHJ HQt/2I0 •uo!lanilsuo:) eMg ill lOj SU011ealjiaa S plepuelS uo aiO Iuailna Isow agl glint aauEildwoa lelluusgns uI aq IIEgS laafold aill ioj suollealjpads Iid •jjels UMO sI! ifq paledaid sueld 1oj aIEIS jo saallaeld p1EpuEIS ql!M aauewiojuoa u! aq Ilegs sueld uoilanilsuoD •swualajai palelai puE Ienuelnl uSlsaCl Atmil2!H 1000 Iuallna aql ul paljlaads splepuelS of aauelldwoa u! aq Ilegs Ovals CS CeMg2il3 alelS uo2a1O agl uo sloafold lie 'uon!ppu ul •1661 jo IaH ifauaialjjH uOilellodsueij aaejmS IEpowlalul ay jo SluawallAal aql laaw IIEgs slaafold I1E 1oj spiupuelS u2lsaQ -ZI N I ?Il N •uoilezpoglne ladoid ay anraaal pue Iaafold aql Olu! paleUlploO Apad01d aq view xioNl agl ley 1ap10 ui )(1oM uoijeaolal Xl!I!ln AUe qj!M 2Ulpaaa0ld of loud UOS1@d UOSiei1 s,alelS APIOU IIEgs ,(aua$V Iaafojd aql ioj sueld agl uo paseq 'SUOTIEaolal i(I!Illn alges.lngwlal alq!2ila ioj Isoa jo alewllsa ue ql!M aIEIS gsiulnj 'slesodold p!q uollanllsuoa jo Suluado aql of ioiid S>IaaM any 'liEgs XDU32y WORKERS' COMPENSATION COVERAGE 21. The contractor, its subcontractors, if any, and all employers working under this (Agreement/Contract) are subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide Workers' Compensation coverage for all their subject workers. LOBBYING RESTRICTIQNS 22. Agency certifies by signing this agreement that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. C. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements) which exceed $100,000, and that all such subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, U.S. Code. Rc%ixd: 04/20/93 7 . Q% 026c.th #3 8 EM 4l'�97OMIl E6/OZ/60 :P L%ay i I i I I i j j -spafoid Avmg2iq aju4s uo ADuaSe ieaoj Aue oa ajgez)jjdde aou a.�e OZ plle ,91 'SL sgdeiSeied •ainjjej inns ipea ioj 000,001$ ueua ajoui aou pue 000'01$ uey.1 ssaj aou jo Aajeuad jjnj:) e oa aDa(gns aq jjegs uojaeaj3 liaD paiinbai aqa al!] 01 sjjel oqM uossad AUV Aig6nh DEPARTMENT OF TRANSPORTATION REGION 3 OCT 2 7 199 October 25, 1994 FILE WDE: CITY OF ASHLAND Steve Hall Director of Public Works 20 East Main Ashland, OR 97520 Dear Mr. Hall: Enclosed for your review and signature by appropriate City officials are three (3) copies of Local Agency Agreement No. 131 86 for the proposed reconstruction of East Main Street, from Southern Pacific Railroad to Walker Avenue. This agreement shall be authorized during a regularly scheduled meeting of the City Council. After your review please return the signed agreements to me. Sincerely, Micht yh4l ock Agreement Specialist mm Enclosures cc: Program Services 3500 N1V Stewart Parkway Roseburg, OR 97470 (503) 440-3399 734-1829 (6-94) FAX (503) 440-3465 I October 14, 1994 Misc . Contracts & Agreements No . 13186 LOCAL AGENCY FUND EXCHANGE AGREEMENT i I THIS AGREEMENT is made and entered into by and between the STATE OF OREGON, acting by and through its Department of jTransportation, hereinafter referred to as "State" ; and THE CITY OF ASHLAND, acting by and through its Elected Officials, hereinafter referred to as "Agency" . 1 . By the authority granted in ORS 366 . 770 and 366 . 775, State may :inter into cooperative agreements with counties and cities for the performance of work on certain types of improvement projects with the allocation of costs on terms and conditions mutually agreeable to the contracting parties . 2 . State and Agency have determined that is advantageous to both parties and in the public ' s interest to enter into this agreement. 3 . Agency has submitted a completed and signed Part I of the Project Prospectus outlining the schedule and costs associated with all phases of the reconstruction of East Main Street, from Southern Pacific Railroad to Walker Avenue in the City of Ashland, hereinafter referred to as "project" . 4. To assist in funding the project, Agency has recuested State to exchange Federal funds which have been allocated to Agency, for State funds based on the following ratio : $94 State for $100 Federal Based on this ratio, Agency wishes to trade $90, 318 Federal funds for $84, 898 State funds. 5 . State has reviewed Agency' s prospectus, considered Agency' s request for the fund exchange and has determined that Agency' s project is eligible for the exchange funds. 6 . The parties agree that the exchange is subject to the following conditions : A. The Federal funds transferred to State may be used by State at its discretion. A1394038 Agreement No. 1318E THE CITY OF ASHLAND B. State dollars transferred to Agency must be used for the reconstruction of East Main Street, from Southern Pacific Railroad to Walker Avenue, in the City of Ashland . This fund exchange is to provide funding for specific roadway projects and is not intended for maintenance. C. State funds may be used for all phases of the project, including preliminary engineering, right of way, utility relocations and construction. Said use shall be consistent with the Oregon Constitution and statutes (Section 3a of Article IX Oregon Constitution) . Agency shall be responsible for accounting for expenditure of State funds . D. This Fund Exchange shall be on a reimbursement basis, with State funds limited to a maximum amount of $84, 898. All costs incurred in excess of the fund exchange amount will be the sole responsibility of Agency. E . State certifies at the time this contract is written that sufficient funds are available and authorized for expenditure to finance costs of this contract within State ' s current appropriation or limitation. Funds available for reimbursement on, or after, July 1 , 1993 are contingent upon the legislatively approved budget of State . F. Agency shall be responsible for all costs and expenses related to its employment of individuals to perform the work under this agreement, including but not limited to PERS contributions, workers ' compensation, unemployment taxes, and State and Federal income tax withholding. G. Agency agrees to comply with all applicable State, Federal and local laws, rules, regulations and ordinances, including but not limited to those pertaining to Civil Rights. H. Agency, or its consultant, shall conduct the necessary preliminary engineering and design work required to produce final plans, specifications and cost estimates; purchase all necessary right of way in accordance with current State and Federal laws and regulations; obtain all required permits; be responsible for all utility relocations; advertise for bid proposals; award all contracts; perform all construction engineering and make all contractor payments required to complete the project. A1394038 -2- Agreement No . 13186 THE CITY OF ASHLAND I . Agency shall submit a copy of the project plans and specifications to State for review two weeks prior to advertisement for construction bid proposals. State shall notify Agency of any changes or modifications it deems necessary prior to advertisement. Failure to suggest changes shall in no way constitute State approval of the plans and specifications. J. Agency shall compile accurate cost accounting records . Agency shall bill State, in a form acceptable to State, no more than once a month, for costs incurred on the project. State will reimburse Agency at 94 percent of the billing amount, not to exceed $84, 898 . The cost records and accounts pertaining to the work covered by this agreement shall be retained for inspection by representatives of State for a period of three (3) years following final payment. Copies shall be made available upon request . K. Agency shall, upon completion of project, maintain and operate the project at its own cost and expense. L. The contractor, its subcontractors, if any, and all employers working under this agreement are subject employers under the Oregon workers ' Compensation Law and shall comply with ORS 656 .017, which requires them to provide workers ' compensation coverage for all their subject workers . M. This contract shall be for two years, beginning on the date State ' s representative executes this agreement, and terminating two calendar years later, on the same month and . day, unless otherwise extended or renewed by formal agreement of the parties . N. This contract may be terminated by mutual consent of State and Agency or by either party upon 30 days ' written notice, delivered by certified mail or in person. 0. State and Agency hereto agree that if any term or provision of this contract is declared by a court of competent jurisdiction to be invalid, unenforceable, illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular term or provision held to be invalid. A1394038 -3- � Agreement No. 13186 THE CITY OF ASHLAND 7 . Agency shall authorize execution of this agreement during a duly authorized session of its City Council . The fund exchange program was approved by the Oregon Transportation Commission on July 21 , 1992, at which time the State Highway Engineer was authorized to sign the necessary agreements for and on behalf of the Commission. By Subdelegation Order HWY-6, Paragraph 11, the State Highway Engineer further delegated the signing authority to the Program Section Manager. By delegated authority, the Program Services Manager approved this project on October 11 , 1994 . IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written. All agreement .provisions were approved as to legal sufficiency on July 2, 1992 by Dale K. Hormann, Assistant Attorney General . APPROVAL RECOMMENDED STATE OF OREGON, by and through its Department of Transportation By Region Manager BY Program Services Manager Date Date APPROVED AS TO THE CITY OF ASHLAND, by and LEGAL SUFFICIENCY through its Elected Officials By By Agency Attorney City Administrator Date A1394038 -4- -��OF ASN O,- Pma ran dnm �4EG November 9, 1994- Brian Almquist, City Administrator ram: Steven Hall, Public Works Director Subjert: Funding Agreement-Bear Creek-RVCOG ACTION REQUESTED City Council authorize Public Works Director as responsible person and signatory for the attached agreement. BACKGROUND In 1993, all affected agencies began the process of developing a program plan to meet established TMDL's for non-point sources on Bear Creek. A joint effort has produced a plan which is being reviewed by DEQ for approval. A part of the program plan includes monitoring Bear Creek for pollutants such as ammonia, nitrogen and phosphates. The affected agencies(Designated Management Agencies or DMA's)have agreed at the staff level to the attached cost sharing for the monitoring. RVCOG has taken the lead roll in monitoring Bear Creek. Through grants,Marc Prevost has purchased testing equipment and has enlisted several public schools to conduct some of the program. The bulk of the work will be conducted by an individual to be hired by RVCOG. Money has been budgeted in the Street Fund for this project. Additional funds have been allocated for a similar process on Ashland Creek. Enc: Memo/Agreement (c:\pw\rvcug&gr.M=) NOV - 8 I99Q I! ROGUE VALLEY COUNCIL OF GOVERNMENTS WATER RESOURCES DEPARTMENT Po so r gi,'OA;97502 7 November 1994 URGENT TO: DEQ Identified Bear Creek Basin Designated Management Agencies (DMAs) FR Marc E. Prevost, Director RVCOG Water Resources Program REF: Attached Interagency TMDL Monitoring Agreement MESSAGE The attached interagency cooperative funding agreement is the final version that all DMAs participating on the Bear Creek Watershed TMDL Sub-committee have endorsed. We must now move rapidly ahead if we are going to begin this program before the end of the year. In order to,do this I will need to get all the DMA's designated representatives to sign ten (10) original copies and then redistribute them back to you and request funding so that I can interview and hire the person who will conduct the sampling. My strategy to accomplish this is as follows: 1. YOU ARE RESPONSIBLE FOR YOUR AGENCY. If you received this letter you are your agency's DMA representative to the TMDL Sub- committee. As your agency's representative you helped determine the final proposed program that is attached. You are also the person responsible to see that your agency completes the steps described below so that we can begin the program. I will be available to assist you but will not take responsibility for your agency. 2. ACQUIRE BUDGETARY APPROVAL FOR FUNDING THIS PROGRAM. You must have your respective board, administrator, and/or legal representative(s) review the language and give the necessary budgetary approval required by your agency. Each DMA has a different way this is done so the time it will take for approval will vary. 3. DETERMINE WHO IS YOUR SIGNATORY AUTHORITY You must determine who has the authority to sign the document on behalf of your agency once you have received budgetary approval. It is your responsibility to send that person's name, address, and phone number to me at RVCOG. LOCAL: (503)664-6674-MEDFORD: 779-6785 GRANTS PASS:474-5947-FAX: (503)6`M1-7927 i 4. CONTACT ME AT RVCOG WITH THE DATE OF BUDGETARY APPROVAL AND THE NAME, ADDRESS AND PHONE NUMBER OF THE PERSON DESIGNATED TO SIGN THE DOCUMENT ON YOUR AGENCIES BEHALF I will keep track of when each DMA is expected to approve the expenditure_of funds for this project.. I will also develop a mailing list of who will be the signatory for each DMA. [NOTE: do NOT have your designated person sign the attached document. This document is for you to use in receiving budgetary approval only and a signature on it will do no good. - See Item #5 below] 5. 1 WILL SEND A DAISY CHAIN LETTER TO THE DMA SIGNATORIES Each signatory will be asked to sign the letter and forward it on to the next signatory on the list. The signatory will also be asked to call RVCOG and leave a message for me that the agreements have been signed and passed along. 6. RVCOG WILL SIGN THE AGREEMENTS LAST AND RETURN AN ORIGINAL COMPLETED SIGNED COPY TO EACH OF YOU RVCOG will make sure all copies have been signed and dated by all parties to the agreement before we sign it. After signing the copies RVCOG will mail an original back to each of you as the representative of your agency. It is your responsibility to see that the proper authority in your agency gets the original signed document for your agencies files. If their are any questions, please call me at the number listed on the bottom of this page. I will expect to hear from you soon with the information I have requested above. i I LOCAL:(503)664-6674-MEDFORD: 779-6785 ,RAMS PASS:474-5947-FAX: (503)6647927 i INTERAGENCY COOPERATIVE FUNDING AGREEMENT FOR A BEAR CREEK BASIN NON-POINT SOURCE POLLUTION (TMDL) SAMPLING PROJECT THIS AGREEMENT is made and entered into by and between the ROGUE VALLEY COUNCIL OF GOVERNMENTS, hereinafter referred to as RVCOG, and the following state and local agencies: City of Ashland, City of Central Point, City of Jacksonville, City of Medford, City of Phoenix, City of Talent, Jackson County, Oregon State Department of Agriculture, and the Oregon State Department of Forestry, hereinafter referred to collectively as the Designated Management Agencies (DMAs). All participants included in this agreement are hereinafter referred to collectively as the PARTIES, WTTNESSETH THAT: WHEREAS, the DMAs have been placed under an Implementation and Compliance Schedule by the Oregon State Department of Environmental Quality which directs that they correct ncn-point source pollution problems in the Bear Creek Basin in order to meet the requirements of the U.S. Clean Water Act; and WHEREAS, the Department of Environmental Quality's directive includes requirements that the DMAs work collectively by using a watershed approach to resolve the non-point pollution problems within the Bear Creek Basin; and WHEREAS, the DMAs have agreed to collectively employ the RVCOG to administer and manage the implementation of a water quality testing program which targets the identification of non-point pollution sources along Bear Creek. NOW THEREFORE, for and in consideration of the terms, conditions, stipulations and covenants herein contained, the PARTIES do mutually agree as follows: A. TIME OF PERFORMANCE This agreement shall take effect on the date of the last signature below and terminates on December 31, 1995. At that time, pending available funding and a finding of continuing need, this agreement may be amended or extended per Section "E" below. B. DMAs RESPONSIBILITIES 1. Each DMA will make payment to the RVCOG not to exceed the amount allocated in the TOTAL COST column shown in Table I below: 1 i I TABLE 1: Cost Allocation by.'DMA i I MGNM Percent Start-up Add? Total DMAs Area MGMT Area Cost Cost Cost Ashland 7.5 12.7% $1,000 $ 2,070 $ 3,070 Central Point 4.3 7.3% $1,000 $ 1,190 $ 2,190 Jacksonville 1.9 3.2% $1,000 $ 522 $ 1,522 Medford 25.0 42.3% $1,000' $ 6,895 $ 7,895 Phoenix 1.6 2.7% $1',000 $ 440 $ 1,440 Talent 0.8 1.4% $1,000 $ 228 $ 1,228 Jackson Cuty 18.0 30.4% $1,000 $ 4,955 $ 5,955 Agri. Dept. $ 0 $ 1,000 $ 1,000 Forestry Dept. $0 $ 0 $ 0 TOTALS: 59.1 100.0% $7,000 $17,300 $24,300 2. Each DMA will make payment according to the following payment schedule: Payment 1 - Due within 30 days of last signature shown on this agreement. Payment will be in the amount shown in the "Start-up Cost" column plus 25% of the "Additional Cost" column (Table 1.above); i Payment 2 - Due within three months of the last signature shown of this agreement. Payment will be in the amount of remaining 75% of the "Additional Cost" column (Table 1 above). 3. Each DMA will support the RVCOG in its administration and management of the Bear Creek Non-point Pollution (TMDL) Sampling Project by providing advisory and technical information concerning their jurisdictional area and in developing/establishing watershed based policy decisions. 4. Each DMA will remain fully responsible for implementing its own sampling } program in regards to stormwater monitoring and all monitoring related to resolving any water quality pollution problem uncovered through the RVCOG's investigative sampling efforts. 5. Each DMA agrees to meet approximately monthly with the RVCOG to review project progress and to consult with RVCOG on continuing project direction. I C. RVCOG RESPONSIBILFITES 1. RVCOG will receive, administer, and expend funds to hire and supervise the number of individual(s) necessary to complete the project as described in Attachment A to this document. This individual (or individuals) will be approved by the DNIAs, prior to being hired, for level of training and abilities to complete the project. 2 2. RVCOG will be responsible for daily administration and oversight of the project. 3. RVCOG will complete the work program as described in Attachment A to the satisfaction of the DMAs. RVCOG will be responsible only for water quality and monitoring and not for any particular DMA meeting of DEQ requirements. 4. RVCOG will provide monthly written reports, including an accounting of the costs. 5. RVCOG will return all unexpended funds under this contract to the DMAs. Funds will be distributed by the percentages, as established in Table 1 of this document, at the end of the contract period. Upon a DMA dropping from the contract, RVCOG will return the appropriate portion of funds to that particular DMA only. The start-up costs will not be redistributed. 6. RVCOG will be granted ownership of all equipment purchased under this agreement but will make the equipment available to the DMAs on an as-available, on- going basis upon request of individual DMAs. 7. RVCOG will notify the DMAs in writing of any problems occurring with the project which require departure from the work program described in Attachment A; this notification will allow the PARTIES to cooperate in addressing how any necessary changes will be made. 8. RVCOG will develop a quality assurance agreement with DEQ. D. PROJECT COORDINATORS 1. Administration of this agreement for the DMAs shall be accomplished by: • Mike Wolf, Oregon Department of Agriculture, 635 Capital St., N.E., Salem, Oregon, 97310. Phone: 986-4711. • Dan Thorpe, Department of Forestry, 5286 Table Rock Road, Central Point, Oregon, 97502. Phone: 664-3328. * Steve Hall, Public Works Director, City of Ashland, 20 East Main St., Ashland, Oregon, 97520. Phone: 482-3211. * Jim Wear, Public Works Director, City of Phoenix, 100 South B St., Phoenix, . Oregon, 97535. Phone: 535-2226. * Tim Connolly, Public Works Director, City of Talent, 204 East Main St., Talent, Oregon, 97540. Phone: 535-3828. * Larry Blanchard, Public Works Director, City of Central Point, 155 S. Second St., Central Point, Oregon, 97502. Phone: 664-7602 * Jeff Alvis, Public Works Director, City of Jacksonville, 180 North 3rd St., ,Jacksonville, Oregon, 97530. Phone: 899-8236. * Jim Hill, Water Reclamation Administrator, City of Medford, 411 West 8th St., Medford, Oregon, 97501. Phone: 770-4520. * Brad Prior, Sanitarian Super.,isor, Jackson County Courthouse, Medford, Oregon, 97501. Phone: 776-7554. 3 I • 2. Administration of this agreement for RVCOG shall be accomplished by: * Marc Prevost, Director Water Resources Program, Rogue Valley Council of Governments, PO Box 3275, Central Point, Oregon, 97502. Phone: 664-6674. E. AMENDMENTS AND TERMINATION 1: AMENDMENTS - Amendments or changes to the provisions of this contract in whole, or in part, shall be reduced to writing and signed by the appropriate PARTIES. Unless amended in this way, this document constitutes the entire agreement between the PARTIES. 2. EFFECTIVE DATE and DURATION - The passage of the contract expiration date (as given in Section A) shall not extinguish or prejudice the RVCOG's, or a DMAs, right to enforce this contract with respect to any default or defect in performance that has not been cured. 3. FUNDS AVAILABLE and AUTHORIZED - All DMAs certify that at the time jthis contract is signed sufficient funds are available and authorized to finance the expenditures listed in this contract. RVCOG understands and agrees that payment granted under this contract attributable .to work performed after June 30, 1995 is contingent on the DMAs receiving sufficient appropriations and/or limitations. In the event a DMA fails to receive sufficient appropriations, limitations or expenditure authority, any of the PARTIES may terminate this contract, effective upon the delivery of written notice, with no further liability. 4. TERMINATION - (a) Any DMA may terminate their contractual involvement with the RVCOG, if through mutual consent, upon 30 days notice in writing and delivered by certified mail, or in person. Any such termination of this contract shall be without prejudice to any obligations or liabilities of either party already accrued prior to such terminations. (b) Any DMA may terminate the whole, or any part, of this agreement with RVCOG by written notice of default if : (i) If RVCOG fails to provide services called for by this contract within the time specified herein or any extension thereof, or (ii) If RVCOG fails to perform any of the other provision of this contract or so fails to pursue the work as to endanger performance of this contract in accordance with its terms, and after receipt of written notice fails to correct such failures within 10 days, or such longer period as may be authorized. The rights and remedies of any DMA provided in the above clause related to defaults (including breach of contract) by RVCOG shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. 5. ACCESS TO RECORDS - The DMAs, the Secretary of State's Office of the State of Oregon, and their duly authorized representatives shall have access to the boos, 4 documents, papers, and records of RVCOG which are-directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcript. 6. COMPLIANCE with APPLICABLE LAWS - RVCOG shall comply with all federal, state, and local laws and ordinances applicable to the work under this contract, including those in Attachment B which is attached hereto and by this reference made a part hereof. RVCOG agrees that the provisions of ORS 279.312, 279.314, 279.316, 279.320 and 279.733 shall apply to and govern performance of this contract. 7. EQUIPMENT OWNERSHIP - Upon termination of this agreement all property or equipment purchased under this agreement will become the sole possession of the RVCOG unless indicated otherwise in writing. F. PAYMENTS 1. The DMAs certify that the funds required by their commitment under this agreement are available until December 31, 1995 at the time of the signing of this agreement, contingent upon continued availability of funding based upon the limitations shown in Section E (3) above. 2. The DMAs will make payment not to exceed the Total Cost column in Table 1 above as indicated for each respective DMA and noted in Section B (1) above. The "- payment schedule will be made in accordance with Section B (2) above. 3. Unless amended otherwise in writing, no other obligations for payments from the DMAs to RVCOG are stated or implied under this agreement. G. REPORTS and RECORDS 1. RVCOG will provide the DMAs with a copy of all documents, studies, reports, and materials developed under this agreement. 2. RVCOG will provide the DMAs with a copy of all materials in sections "C" above. H. MERGER CLAUSE This contract and attached exhibits constitutes the entire agreement between the PARTIES. No waiver, consent, modification or change of terms of this contract shall bind either party unless put in writing and signed by both parties. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this contract. 5 The PARTIES, by signature of their respective authorized representatives, hereby acknowledge that they have read this contract, understand it, and agree to be bound by its terms and conditions. IN WITNESS WHEREOF, the PARTIES have caused this agreement to be executed by their authorized representatives as of the date of the last signature affixed below: Oregon Department of Agriculture Representative Date Oregon Department of Forestry Representative Date i Approved for Legal Sufficiency, Oregon Dept of Justice Date Jackson County Representative Date I i City of Medford Representative Date i City of Ashland Representative Date City of Central Point Representative Date City of Phoenix Representative Date City of Talent Representative Date City of Jacksonville Representative Date Mary DeIaMare-Schaefer, Ex. Director RVCOG Date 6 ATTACHMENT A L LOCATIONS MONITORED 1. In this study RVCOG will conduct instream water quality monitoring at the following sites: * The mouths of Ashland Creek, Bear Creek (Kirkland Road), Butler Creek, Coleman Creek, Griffin Creek, Jackson Creek, Larson Creek, Lone Pine Creek, Neil Creek, Payne Creek, Wagner Creek, and Walker Creek. * The Irrigation Diversions for the Talent, Medford and Rogue River Valley Irrigation Districts. * Above and below the Jackson Street Dam. 1 The total number of regular monitoring locations will be 17. These monitoring locations will be reviewed on approximately a quarterly basis with changes made only through agreement of all the PARTIES. 3. Additional "hot spot" monitoring will be completed on those tributaries which exhibit any unusual high readings of the parameters being measured. The purpose of the "hot spot" monitoring will be limited to locating the source of pollution contamination only. The appropriate DMA will be notified of the problem and its location in order to take action to correct the contributing problem. 4. This program will not be monitoring storm drains or doing follow-up monitoring for identified problems. Any additional monitoring by RVCOG beyond items I.(1) and I.(3) above will need to be negotiated beyond the scope of this contract. IL SAMPLING FREQUENCY 1. Regular sampling will be performed at the seventeen identified sites on a twice monthly basis during the "non-compliance" season (i.e. April 1 to October 31) and once monthly during the "compliance" season. The total number of sampling runs under this contract will be 19. 2. "Hot Spot" monitoring will occur on an as needed basis only. IIL PARAMETERS SAMPLED 1. The parameters sampled and tested include: Temperature, Conductivity, Fecal Coliform, pH, Turbidity, Suspended Solids, Dissolved Oxygen, Ammonia, Nitrate - Nitrite, and Total Phosphate. A f.3w estimate will be made at each sample location. 7 i i IV. METHODS 1. The sampling and testing procedures used will be certified by the Department of Environmental Quality. The equipment used in the testing of these parameters will b8 received under a DEQ grant and approved by them. The location of the testing will be provided by the City of Medford or the City of Ashland Wastewater Treatment Laboratory. This contract is conditional on the availability of either one of these labs. i 2. The general analysis methods that will be employed are: * Temperature - measured by meter, calibrated thermometers and/or continuous instream recorders. * Conductivity - measured by conductivity meter. * Fecal Coliform - measured using membrane filter and incubation method. * pH - measured by pH meter. * Turbidity - measured by turbidity meter. * Total Suspended Solids - measured by bone dry weight. * Dissolved Oxygen - measured by modified Winkler titration method. * Ammonia, Nitrate/Nitrate, and Total Phosphate - measured by spectrophotometer. V. REPORTS Reporting will be done in three formats. First, ongoing meetings (approximately monthly) will occur with the DMAs and DEQ. Second, ongoing technical meetings will be done in conjunction with DEQ. Third, monthly and annual reports will be provided as per Section C above. ICI 8 CERTIFICATE OF COWLIANCE.'WrM TAX LAWS ORS 305.385(6) states: No contract or other agreement for the purpose of providing goods, services or real estate space to any agency shall be entered into, renewed or extended with any person, unless the person certifies in writing, under penalty of perjury, that the person is, to the best of the person's knowledge, not in violation of any tax laws described in ORS 305.380(4). By signature on this certificate, I , hereby swear/affirm, under penalty of perjury as provided in ORS 350.3850, that to the best of my knowledge am notlis not in violation of any of the tax laws described in ORS 305.380(4). (Signatyre) Date: IGG0124D