Loading...
HomeMy WebLinkAbout1996-0716 Council Mtg PACKET Imvortant: 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 agen AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL July 16, 1996 I. PLEDGE OF ALLEGIANCE: 7:00 p.m., Civic Center Council Chambers. II. ROLL CALL �, APPROVAL OF MINUTES Regular meeting minutes of July 2, 1996. IV. CONSENT AGENDA: 1. Minutes of boards, commissions, and committees- 2. Monthly departmental reports for June 1996. 3. Approval of liquor license application from Breadboard Restaurant, 744 N. Main Street. 4. Adoption of Annual Consolidated Plan and allocation for CDBG funds. 5. Memo from Conservation Coordinator Dick Wanderscheid regarding new solar hot water program using OMECA funding. project above Glenview 6. Memo from Fire Chief Woodley relative to silvicultural p ro j Drive. V. �I,1�ICllLted tFORUM:miuteBpernspeako andel5 minutes total.) on the agenda. VI. UNFINISHED BUSINESS: 1. Authority to remove encroachment on alley off Emerick Street between Eureka and East Main Streets. VII. NEW LL :)US BUSINESS: 1. Request for sewer connection outside the City limits and within the Urban Growth Boundary from Daniel Wiltrout, 392 Crowson Road. 2. Discussion of office space needs issue. VIII. ORD RESOLUTIONS AND CONTRACTS: 1. First reading y titre only of "An Ordinance amending the Fire Prevention Code, Chapter 15.28 of the Ashland Municipal Code." 2. First reading, y title only of "An Ordinance adding Chapter 9.18 to the Ashland Municipal Code to establish procedures for dealing with chronic nuisance property." Reading by title only of "A Resolution of the City of Ashland setting forth conditions of employment for management and confidential employees and repealing Resolution 79-55." 0 Reading by title only of "A Resolution annexing property to the City of Ashland and providing for an effective date (ACCESS Annexation)." OReading by title only of "A Resolution setting the time and place for a public hearing on the withdrawal of certain real property from Jackson County Fire District No. 5 and directing publication of notice as required by ORS 222.524 (ACCESS Annexation)." 6. First reading f "An Ordinance repealing Chapter 2.20 of the Ashland Municipal Co a entitled "Community Hospital Board." IX. OTHER BUSINESS FROM COUNCIL MEMBERS X. ADJOURNMENT MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL July 2, 1996 PLEDGE OF ALLEGIANCE Mayor Golden called the meeting to order at 7:00 p.m., Civic Center Council Chambers. ROLL CALL Councilors Laws, Reid, Hauck, Hagen, Wheeldon and Thompson were present. APPROVAL OF MINUTES The minutes of the Regular meeting of June 18, 1996 were approved as presented. SPECIAL PRESENTATIONS AND AWARDS 1. Presentation by RVCOG on current regional planning efforts. Presentation by John Eads and Mary Delamar-Schaefr on current regional planning efforts in Southern Oregon. Asking council for participation and approval of Regional Planning Work Plan. Plan was identified by 10 tasks; 1) Identify Key participants; 2) Solicit Participation from Key Stakeholders; 3) Design "Visioning" process; 4) Foster Broad-Based Citizen Participation; 5) Inventory Existing Relevant Data Bases; Compile GIS Data; 6) Midterm Review of Phase 2 Work Plan; 7) Construct "Base Case: Scenario; 8) Refine Substantive Issues on Rural and Urban Growth; 9) Develop Short and Long-Term Regional Goals and 10) Develop Work Program for Phase 3. Council was asked to designate a member for the Steering Committee and to host an evening meeting. Joe Eckhardt/108 Bush Street/Emphasized his believe of citizen participation with the Regional Planning. CONSENT AGENDA 1. Minutes of boards, commissions, and committees. 2. Monthly departmental reports for June 1996. 3. City Administrator's monthly report for June 1996. 4. Memo from Wastewater Treatment Plant Upgrade Coordinator Paula Brown regarding facilities plan approval and update on construction plans. 5. Liquor license approvals: a. Quinn Courtright for restaurant at 29 N. Main Street (former Rebel's Country Restaurant). b. Cheryl W. Wolohon for Rogue River Pizza at 2321 Ashland Street #A. C. Emil Glenn McMillian, Jr. dba/Beasy's on the Creek at 51 Water Street, Suite 222. 6. Confirmation of Mayor as liaison to new Ashland Community Healthcare Services Board of Directors. Councilors Laws/Wheeldon m/s to approve consent agenda. Voice vote: all AYES. Motion passed. City Council Meeting 7-02-96 l S 7. Mayor appointment to Bicycle Commission of Austin Murphy. Councilors Hauck/Hagen m/s to approve Consent Agenda item N7. Voice vote: all AYES. Motion passed. PUBLIC HEARINGS 1. Proposed alternate procedure for the sale of City surplus undersized and undeveloped real property. a. Approval of sale of 375 square feet on Fourth near A Street to Wallace Cannon. b. Approval of sale of 1380 square feet on Glenview at Vista Street to Rick S. Bayouth. City Administrator Brian Almquist explained to council the process and procedure for sale of City surplus property. PUBLIC HEARING OPEN: 7:45 p.m. PUBLIC HEARING CLOSED: 7:45 p.m. Councilors Hauck/Hagen m/s to approve proposed procedure for sale of City surplus property. Roll Call vote: Reid, Hauck, Hagen, Wheeldon, Thompson and Laws; YES. Motion passed. Councilors Hagen/Reid to approve sale of 375 sq.ft. on Fourth near A Street to Wallace Cannon. Voice vote: all AYES. Motion passed. Councilors Hauck/Reid to approve sale of 1380 sq.ft. on Glenview at Vista Street to Rick S. Bayouth. Voice Vote: all AYES. Motion passed. PUBLIC FORUM Joe Eckhardt/108 Bush Street/Spoke on progress of City Initiatives on behalf of Citizen Right to-Know group. The initiatives are a City Utility Commission and a City Cost Commission made up of elected participants. UNFINISHED BUSINESS 1. Presentation by Plato Doundalakis on stream protection along Bear Creek. Presented proposed ordinance for the City of Ashland establishing setbacks from Class 1 and Class 2 Streams. This ordinance would enhance in-stream water quality, reduce non-point source pollution, preserve wildlife and native plant habitat and improve overall watershed health. This type of ordinance has been proven to protect the resources of the state and the community with minimal impact on development or property rights. Felt that now is when the City must protect its own interests in the water quality of Bear Creek. City Council Meeting 7-02-96 It was suggested that modifications be made to the ordinance during an interim and requested council direction to staff to work on these modifications. Planning Director John McLaughlin reported that this ordinance falls into their time-line of projects currently being worked developed. Felt that there are some modifications that need to be done with the ordinance for additional protection in the community along with education of property owners. Affirmed that Public Works Director would be involved in this protection ordinance. Council directed staff to work with Plato Doundalakis in modifying ordinance along with the hillside development schedule, keeping in mind the citys particular needs for riparian protection and stream side property owner education. 2. Proposed opening of alley east of Eureka Street. Moved to July 16, 1996 council meeting. NEW & MISCELLANEOUS BUSINESS 1. Approval of transfer of ownership of partial ownership of Ashland Sanitary Service from Robert and Lois Weaker to Russ Chapman. City Administrator Brian Almquist read letter from Ashland Sanitary & Recycling Services regarding notification of transfer of ownership. Bob Wenker spoke in regards to the service to the city and introduced Russ Chapman as the new owner of Ashland Sanitary & Recycling Services. Councilors Reid/Hagen m/s to approve transfer of ownership. Voice vote: all AYES. Motion passed. 2. Report from Mayor Golden on result of survey to determine interest in accelerating health and human service quarterly grant payments. Director of Community Health Center, Peg Crowley presented report on result of survey asking if accelerated funding would keep their services available to Ashland residents until a new tax measure is submitted to the voters in September. The result of the survey indicated that all agreed that a lump sum would keep the agency operating with further results mixed. Council discussed whether this acceleration of funding would keep the organizations going in the future and whether funding would be available in the future. Explanation was made that this was determined only on current level of funding for the organizations not future. Councilors Reid/Hagen to approve acceleration funding for HHS agencies on a monthly basis. Voice vote: all AYES;Councilor Hauck abstained. Motion passed. City Council Meeting 7-02-96 3 ORDINANCES. RESOLUTIONS AND CONTRACTS 1. - Reading by title only of "A Resolution of the City of Ashland annexing a contiguous area to the City of Ashland, Oregon and providing for an effective date (Parker/Neuman Annexation)." Councilors m/s to approve Resolution No. 96-31 . Roll Call vote: Laws, Reid, Hauck, Hagen, Wheeldon, YES; Thompson, NO. Motion passed 5-1. 2. Reading by title only of "A Resolution authorizing the Mayor and City Recorder to sign Contract Amendment No. 7 to Contract No. DE-MS79-{81)BP90432 for purchase of surplus power." City Administrator Brian Almquist and Dick Wanderschied explained that for the past several months, staff has been negotiating with BPA and Pacificorp with the goal of purchasing a portion of our energy needs at lower rates than BPA has announced for its priority firm (PF) rate. It is recommended that the City council authorize the Mayor and City Recorder to execute Amendatory Agreement No. 7 with BPA, approving the purchase of 4 average megawatts of surplus power during the months of October through March at a rate of 14.5 mills per kilowatt hour; and that the staff be authorized to concurrently give notice to BPA of its intent to return to a 100% Priority Firm rate status on October 1, 1998. The Economic Impact will result in a 13.1% reduction in the PF portion of our load. These new rates will go into effect on October 1, 1996. This is a slightly higher savings than was projected in the 96-97 budget. The contract negotiated for 10% of our load will allow purchase of 4 average megawatts during the months of September through March. These rates will remain in effect for 15 months and will result in an annualized savings of $166,200 after amortizing the "exit fee" of $157,000 over the 5-year life of the contract. BPA requires a 2-year notice in order to return to the PF rate for the 10% portion being diversified. Staff is recommending that we concurrently give BPA notice of our intention to return to the PF rate with each 15 month surplus power contract. It is also suggested that beginning July 1, 1997, the Council consider placing one-half of any projected savings from the surplus power purchase in a "Rate Stabilization Account". The purpose of this account would be to levelize any savings in the surplus power market over the next 5 years and also provide a hedge against a possible BPA rate increase in 2001. City Council Meeting 7-02-96 4 . r Estimated savinizs from Surplus Power Sales Contract (annualized): Surplus Power Rate Savings $ 197,600 less Exit fee (prorated) < 31,400> Net Savings $ 166,200 Actual Savings for FY 1996-97 Surplus Power Rate Savings $ 197,600 less Exit fee . < 157,000> Net Savings $ 40,600 Projected total savings over the 5-year contract period could be in the range of$600,000 to $800,000 depending on Surplus Power market conditions. Wanderschied spoke regarding the constantly changing of rates from BPA and how complex they are. Until the city has more experience with how the new rates are modeled, the city should be very cautious. This will give the city more experience in the market and have a better idea as to who the players are. Almquist explained that in projecting for the next five years does indicate some adverse effect on the general budget. Councilors Reid/Hagen m/s to approve Resolution No. 96-32. Roll Call vote: Hauck, Hagen, Wheeldon, Thompson, Laws and Reid; YES. Motion passed. 3. Reading by title only of "A Resolution amending the pay plan for Management and Confidential employees for fiscal year 1996-97." City Administrator Brian Almquist explained that there are existing contracts with the City's 5 labor unions and this represents cost-of-living (CPI) adjustments effective July 1, 1996. There is an exception in the Finance Director position whose salary range is adjusted upward by one step. Councilors Hauck/Reid m/s to approve Resolution No. 96-33. Discussion: Councilor Thompson questioned in the future how COLA compared to the rate of inflation. Comments were made on compensation survey city list. Thompson supported all COLA increases other than the Executive Management with the exception of the increase of salary for the Finance Director. Thompson voiced his feelings that those moving into our area should be aware that compensation may be less but in lieu of compensation there are many advantages to living in this community. Councilor Hauck questioned the ethics of cutting out mid-management by giving less benefits. Roll Call vote: Reid, Hauck, Wheeldon and Laws, YES; Thompson and Hagen; NO. Motion passed 4-2. City Council Meeting 7-02-96 5 OTHER BUSINESS FROM COUNCIL MEMBERS Councilor Wheeldon requested that the Space Needs issue be put on the next agenda. Councilor Thompson reminded local press that the City's Capital Improvement Plan has been released and Public Hearings will be taldng place in the near future. ADJOURNMENT Meeting was adjourned at 9:41 p.m. Barbara Christensen, City Recorder/Treasurer Catherine M. Golden, Mayor City Council Meeting 7-02-96 CITY OF ASHLAND , C HALL ASHLAND,OREGON 97520 telephone(code 503)492-3211 Office of the City Recorder/Treasurer July 5, 1996 TO: Mayor and Council FROM: Barbara Christensen, City Recorder/Treasurer 1, SUBJECT: Liquor License Application Application has been received from Thomas O'Donnell for a LIQUOR license for an ESTABLISHMENT, BreadBoard Restaurant at 744 North Main Street, Ashland. OLCC has completed the necessary background investigation and approval of this application is recommended. CITY OF ASHLAND Department of Community Development s - Planning Division G' MEMORANDUM ''�..°REGO?,,� " V \ DATE: July 11, 1996 TO: Honorable Mayor and City Council FROM: Kelly Madding, Housing Officer RE: The Fiscal Year 1996 CDBG Plan Attached is a planning document required by the U.S. Department of Housing and Urban Development (HUD). As you may remember in 1995 HUD revised its requirements for receipt of Community Development Block Grant (CDBG) funds to include the preparation of a Consolidated Plan. Therefore, in 1995 the City approved the Five-Year Consolidated Plan. In addition HUD requires that each year a one-year action plan be developed. The one-year action plan, attached, reflects the CDBG allocations approved by the City Council during the FY96 budget process. HUD allocated $231,000 to the City of Ashland for the 1996 fiscal year. The following allocations have been approved by the City Council: Youth and Family Resource Center $121,000 Youthworks, Inc. Funds for staffing Interfaith Care Community of Ashland $ 21,053 Lithia Springs Rehabilitation $ 25,094 Ashland Adolescent Center In addition, the City continues to commit 10 percent or $23,100„of the total CDBG allocation for sidewalks in eligible neighborhoods and accessibility improvements to City owned buildings. The City also commits 15 percent or approximately $34,650, of the total CDBG allocation to administration. CITY OF ASHLAND ACTION PLAN: ONE YEAR USE OF FUNDS Fiscal Year 1996 Prepared for: The U.S: Department of Housing and Urban Development City of Ashland Department of Community Development Ashland, Oregon CITY OF ASHLAND ACTION PLAN: ONE YEAR USE OF FUNDS Fiscal Year 1996 The Consolidated Plan is the planning document required by the U.S. Department of Housing and Development (HUD) for the receipt of the City's Community Development Block Grant (CDBG) funding. In 1995, the City completed the Five-Year Consolidated Plan and this year the City is required to complete a One Year Action Plan. The Action Plan describes the projects that the City will undertake during the 1996 fiscal year. In addition the Action Plan describes the activities the City will undertake addressing homeless households, affordable housing, lead-based paint hazards. A: Increase Affordable Rental Housing Availability for Low- Income Households Affordable Rental Housing Construction Program Action to meet priority and time-line: In 1996, ACCESS, Inc. a local non-profit organization partnered with a private developer to annex a parcel of land on the corner-of Tolman Creek Road and East Main Street. The annexation was approved by the City's Planning Commission and Council. Concurrently, ACCESS, Inc. applied for tax credit funding through the State of Oregon's Housing and Community Services Department to fund the construction of 96 rental units. ACCESS, Inc. was denied funding. At this time it is unknown whether the project, as it has been presented will reach fruition or whether ACCESS will continue their involvement. Yet, the City has received information from the developer of the project that there is a desire to continue forward by either applying for funding during the next funding cycle or accessing other funding sources to complete the project. Originally the project was to be comprised of rental units for households at or below 60 percent of median income. As the funding scenarios have changed it is possible that the developer may create owner occupied housing. Funding sources for this project include: At this stage of the project the following funding sources are speculative but may include: State of Oregon Housing Trust Fund, Low-Income Housing Tax Credits, Oregon Lenders Tax Credits, .private mortgage and in-kind labor and services. 2 Rental Assistance Program Action to meet priority and time-line: The initial costs of rental housing, including first and last month's rent and a security deposit, are barriers preventing some low-income residents from improving their living conditions. The 1990 Affordable Housing Committee proposed a program that would provide low-income Ashland renters with the up-front costs of obtaining rental housing. The funding source was unknown at the time and as a result the program was not implemented. The 1995 Affordable Housing Committee in its "1995 Affordable Housing Report" recommended the housing trust fund as a possible source of funding for the program. The program would be designed as a revolve, meaning that the fund would be capitalized with a fixed dollar amount and the program would continue as long as the loans were repaid. The City Council on June 20, 1995 accepted the "1995 Affordable Housing Report". Yet, this program along with the others proposed in the report will need to go back to the Council for review and approval prior to program implementation. A formal Housing Commission has been initiated which will determine the fate and implementation of the Rental Housing program. They are currently involved in determining their work plan for the next year and it is not yet known whether the Rental Assistance Program will be included in the 1996 work plan. Thoughts on the design of the program are in the preliminary stages. However, in the "1995 Affordable Housing Report" the following parameters were outlined. The pilot program could be administered by the city's Affordable Housing Office. Qualified referrals would be accepted from public service agencies. Applicants would be required to provide proof of need, lack of other sources of funds, and the ability to pay back the no-interest loan on a time payment plan. Maximum amount of rent and security deposits would be established as part of the program, and generally only the last month's rent or last month's rent and security deposit would be provided. The landlord would receive a payment guarantee from the city. The renter would be billed through the city utility billing process or by other means as needed, with the completed amount going to the landlord when the final payment was received. It is anticipated that in the program's infancy it would serve no more than ten households. These rentals would be located city-wide. Funding sources for this project include: City of Ashland Housing Trust Fund. 3 B: Provide Ownership Programs to Low- to Moderate-Income Families City of Ashland's Affordable Housing Program Action to meet priority and time-line: The city currently provides a density bonus to developers who will construct affordable rental and ownership units. The city also defers the system development charges for affordable rental and single family homes. The deferred system development charges become a "sleeping second" mortgage and are only activated if the home is sold outside the program or the rents exceed the maximum rent limit set by HUD. The participants can earn up to 130 percent of median income, however due to the recent lower interest rates, the participant's incomes have been substantially lower. In 1995, approximately eight households participated in the program. The City anticipates that the same number or more will be served in 1996. The program is ongoing. Funding sources for this project include: The City of Ashland's general fund forgoes collecting the systems development charge. Housing Commission Action to meet priority and time-line: A permanent Housing Commission has been initiated to monitor the accomplishments of the City's housing program, to make recommendations to the City Council on housing policy, and to serve as an advocate for affordable housing in the city's political process. The Housing Commission will also oversee specific affordable housing projects undertaken by the city in partnership with private groups. In addition, the Housing . Commission will utilize the existing Ashland Housing Trust Fund to initiate programs such as a homeowners assistance fund which would assist home purchasers with their downpayment and/or closing costs. Funding sources for this project include: Federal CDBG funds utilized for Housing Officer staff position. Technical Assistance Action to meet priority and time-line: The City will provide technical assistance to nonprofit organizations whose mission includes providing affordable housing. This technical assistance will include, when necessary, providing information on zoning, educating agencies on the planning process, and providing information 4 on the city's affordable housing program including deferred systems development charges and density bonuses. The city of Ashland will provide technical assistance through the Housing Office as requested and will support nonprofit funding applications' consistent with the Consolidated Plan. Funding sources for this project include: Federal CDBG funds utilized for Housing Officer staff position. C: Homeless Prevention and Other Services for the Homeless Encourage and provide support to non-profit agencies Action to meet priority and time-line: The City, during the 1996 fiscal year, will provide CDBG funding to the Interfaith Care Community of Ashland (ICCA) for staffing. The staff will provide counseling services and outreach to homeless households. In addition the ICCA is initiating a new Interfaith Emergency Shelter Pilot Program. The shelter is proposed to operate only during the winter months and will provide shelter to families with children. The shelter will rotate among the various faith groups (churches, synagogues, etc.) in Ashland. Currently the program has 3 participating faith groups and two other groups willing to act as volunteers in the faith shelters. Funding sources for this project include: Approximately $21,053 in Federal CDBG funds will be allocated to the ICCA. The funding allocated to the ICCA leverages approximately $110,000 in local donations and in-kind volunteer services. Technical Assistance Action to meet priority and time-line: The City will offer technical assistance and support to nonprofit organizations who apply for funding that is consistent with the Consolidated Plan. The city will evaluate it's role on a yearly basis in relation to homeless prevention. 5 D: Provide Services to Homeless Youth YOUTH AND FAMILY RESOURCE CENTER Action to meet priority and time-line: During the 1994 CDBG allocation process the City committed $128,850 in CDBG funding to Youthworks for a youth and family resourc&enter. Youthworks is a nonprofit agency whose focus is youth and their families. They operate an alternative learning center, a residential treatment program for juvenile offender, and a homeless and runaway teen program. The resource center would provide a physical site for counseling and referral services, activities, and a job switchboard. As they were unable to locate a facility, Youthworks requested an extension of funds during the FY95 allocation process and their request was granted. During the 1996 allocation process Youthworks applied and received $121,000 in additional funding. During 1994 and 1995 Youthworks was unable to find a suitable and affordable site. Currently, Youthworks has narrowed their search to three viable sites. Funding sources for this project include: The 1994 and 1997 CDBG contributions are $128,850 and $121,000, respectively, for a total contribution of $249,850. TECHNICAL ASSISTANCE Encourage and provide technical assistance to non-profit agencies to apply for funding to rehabilitate existing building(s) to be used for emergency shelters and transitional housing, with support services, serving the both homeless and pre-homeless youths. The city should assist by offering technical assistance and support to nonprofit organizations applying for funding consistent with the Consolidated Plan. E.• Provide Emergency Shelters and Transitional Housing TRANSITIONAL HOUSING REHABILITATION Action to meet priority and time-line: While the City does not plan to use funds made available to provide emergency or transitional shelter it has allocated funds to remodel and expand a transitional living facility for young women. The 6 Lithia Springs House for Young .Women serves low income women who have been victims of rape, assault, abuse or neglect. The funds will be used to remodel an existing garage, thus turning it into a recreation room. The project will be completed during the 1996 fiscal year. Funding sources for this project include: Federal CDBG funds totalling $25,094. In addition to the above efforts the City will consider certifications of consistency for other entities' applications for Federal assistance. F. Supportive Housing for Elderly and Disabled The city does not plan to use funds made available for this activity during 1996. The city will consider certifications of consistency for other entities' applications for Federal assistance. G: Lead-Based Paint Hazard The city of Ashland will coordinate services, if staffing is available, with Jackson County Health Department to conduct a survey to determine the extent of lead based paint hazard that exists in the city of Ashland. H: Non-Housing Community Development Activities SIDEWALKS Action to meet priority and time-line: The city has made a commitment to sidewalk improvements in low-income neighborhoods by allocating 10% of the total CDBG funding for sidewalk improvement and new construction annually. The Public Works Department operates a two-year sidewalk cycle for CDBG funded sidewalks. Therefore the City will complete sidewalks on the following streets during FY97: Iowa Street California Street Funding sources for this project include: Approximately $13,000 in Federal CDBG funds will be allocated for sidewalks. 7 ACCESSIBILITY IMPROVEMENTS TO CITY-OWNED FACILITIES Action to meet priority and time-line: The city is committed to providing accessibility improvements to city-owned buildings and will allocate 10% of the total CDBG for that purpose. Projects will include: purchasing and installing signage, restroom partition modifications, installing a wheelchair accessible counter in City Hall's Utility building, modification of the front door to Fire House One, lower two phones and install an accessible drinking fountain in the Police Department, install lighted exits in all buildings; and replace drinking fountain in the Civic Center building. Projects will be completed during FY96. Funding sources for this project include: Approximately $23,100 in Federal CDBG funds will be allocated for accessibility improvements. THE ALLOCATION PROCESS The CDBG allocation process took place concurrently with the Congressional CDBG determination. The U.S. House of Representatives at the time was considering an eight percent reduction in CDBG funding. The City's HUD representative advised the City to allocate funding based on a 5%-10% reduction in funds from the previous year's allocation. The City's process was based on a five percent reduction in funds from FY95 ($237,000), or $225,150. The City's Social Service subcommittee of the Budget Committee allocated funding based on that reduction. Yet, in May the City was notified that the FY96 allocation would be $231,000. . ANTI-POVERTY STRATEGY The causes of poverty on the surface appear simple, people are poor because they lack resources. Yet neither the causes of, nor the solutions to poverty are simple. The structure of local government has a role in assisting people out of poverty but they are just one player in a field of many. The city of Ashland provides funding for economic development, social service provision, and Community Development Block Grant eligible activities. For example, the city dedicates transient occupancy tax funds to economic development. The bulk of these funds go to enhance and support businesses whose emphasis is tourism. The city also dedicates general fund dollars to assist social service agencies. These agencies provide services to the 8 extremely low-, low-, and moderate-income residents of Ashland. These service agencies, primarily located in Medford, include Crisis Intervention Services, the Community Health Center, Interfaith Community Care of Ashland and others. Finally, the city, as a CDBG entitlement community, has access to a stream of funding specifically designated for low- and moderate-income persons. For the past three years these funds have been used to increase services to households at-risk of becoming homeless, homeless households and homeless and at-risk youth. REDUCTION OF BARRIERS TO AFFORDABLE HOUSING The city of Ashland has made a serious effort to address the issues of housing affordability. An Affordable Housing Committee was formed in 1990 and reconvened in 1994 to search for ways to provide economical housing in Ashland. In 1995 a formal Housing Commission was formed. The Housing Commission will endeavor to create policies that will allow additional housing opportunities for low and moderate income Ashland households. As a result of these committees' findings the following changes have been made: 1) Accessory Apartments The Conditional Use Permit Procedure was changed in 1990 to allow an accessory apartment or cottage within single family residential zones. This provided valuable affordable housing units without unreasonable impacts on the neighborhood. A total of 27 units have been made legal or been newly constructed. 2) Residential Density Rollbacks with Incentives for Affordable Housing. In 1980, Ashland increased development densities in order to encourage the building of more affordable homes. What occurred, however, was that expensive homes were built on smaller lots. Modification of densities in single family zones were reduced from that level back to the 8,000 to 10,000 square foot lot size and in multi-family zones to 12 dwelling units per acre. Higher densities would be allowed only when affordable housing is guaranteed. All density bonuses (for energy efficiency, landscaping, etc.) were limited to 40%. An additional 20% density bonus was granted for providing affordable housing. A total of 35 units have been created as a result of the city's density bonus 9 provision. 3) Deferred System Development Charges for Homes Constructed under the Affordable Housing Program This provision of the affordable housing program works in conjunction with the affordable housing density bonus. To increase the affordability of newly constructed homes or rentals the city defers the system development charges which can be between $3,500 and $4,500 for a three bedroom two-bath unit. This fee becomes a "sleeping second" on the mortgage. This second is not awakened unless the home or rental is sold outside of the program. In the event the home or rental is sold outside the program the SDCs are paid back plus six percent interest accrued annually. If the home or rental remains affordable for 20 years the SDCs are forgiven and if it is sold within the program the SDCs are simply transferred to the next owner. 4) Manufactured Housing Manufactured housing can involve significantly lower costs than conventional housing. Ashland adopted standards and overlay zone that complied with state law and permitted manufactured homes on individual lots in areas outside the historic district. As a result approximately six manufactured homes have been placed in residential neighborhoods throughout the city. COORDINATION Resources The city will utilize the Community Development Block Grant funds (CDBG) as long as the program exists. The city intends to apply for HOME and other funding sources as appropriate. The city will look to non-profits to pursue funding for housing for special needs populations and the homeless. The city will support these non-profits with technical assistance and assist with applications for funding. Housing Delivery System The Housing Authority of Jackson County is the primary agent working with the city of Ashland to deliver public housing to Ashland citizens. Housing Authority 10 programs include managing public housing units, screening applicants for rental assistance, providing vouchers and certificates to eligible applicants, acquiring additional units and inspecting units to be sure suitable standards are maintained. Ashland should encourage other partnerships similar to the one that exists with the Housing Authority. The area of service to special needs populations and the homeless is better left to nonprofit and public agencies that already serve, extremely low and low-income households. It is expected that new housing will continue to be unaffordable because of the high cost of land and development. The city will encourage and support new construction efforts by nonprofit organizations and will provide technical assistance when necessary. Theoretically there are very few gaps in the delivery of housing and service for extremely low- and low-income households. The Rogue Valley has competent nonprofit agencies with the capacity to provide for a continuum of housing and the services necessary to move households from homelessness to stability. The gap that exists is primarily caused by a lack of resources. The gap created by lack of resources is most apparent in the delivery of emergency and transitional housing in Ashland and the Rogue Valley. The non-profit housing and service agencies can bridge this gap by finding funding for renovation, and the acquisition of property. The city will assist in bridging this gap through encouragement and technical assistance support. Monitoring: The city of Ashland, when it is the grantee for a particular grant, will monitor the subrecipient on a quarterly basis. The Housing Officer will maintain a close working relationship with the subrecipient. When a new program is being introduced by HUD, Ashland's Housing Officer will accompany the subrecipient to workshops and seminars. The goals set forth in the Consolidated Plan will be monitored on a yearly basis. The City would like to maintain its role as a supportive partner and stimulate new partnerships with nonprofit and public agencies. In the future, if the strategies are not being met in this manner, the city will consider other actions to accomplish goals. 11 CITY OF ASHLAND Department of Community Development a Conservation Division ? _ MEMORANDUM *..°REGO \" DATE: July 10, 1996 TO: Mayor and City Counci FROM: Dick Wanderschei r , RE: Pilot Solar Hot Water Program As part of the Oregon Municipal Energy and Conservation's (OMECA) contract with BPA, we have the ability to request pilot conservation programs for implementation with BPA-supplied OMECA budget funds. BPA must approve these pilot programs on a case-by-case basis. About eight months ago, OMECA submitted a request to begin a solar water heating pilot program. This program was based on the Eugene Water & Electric Board's (EWEB) program entitled 'The Bright Way to Heat Water." BPA approved the pilot and we, along with the Springfield Utility Board, began to work on an implementation plan. We negotiated a training and implementation package with EWEB along with a license agreement to use EWEB's program forms, logo and specifications as the basis for the program. A number of OMECA member utility conservation staff members were trained by EWEB in May, and we are very close to being ready to kick off the program in Ashland. The program is pretty straight forward and simple in that it pays a one time cash rebate to the customer — the amount based on the same methodology used by the State of Oregon to determine state renewal energy tax credits. Rebate amounts vary between $200-$800, depending on the type of system selected and the number of collectors installed. Right now, we are awaiting the final license agreement from EWEB as the last piece of needed items before implementation of the program can begin. We hope to have this soon and then we will have a contractor meeting to explain the program to them before it is offered to the public. Right now, we estimate you will see our first promotion of the program in'mid to late August, depending on finalization of the license agreement with EWEB. We are quite excited about being able to once again offer a solar hot water program in Ashland to our residents. In the mid 1980s, under a BPA pilot program, over 100 systems were installed with a $300 rebate per system. The subsequent measurements of the performance of those systems showed that efficiency in Ashland was equivalent to those in Eastern Oregon. While we don't have quite as much sunshine, our milder climate made up for this. We hope this new program will add to the existing number of solar hot water system installations in Ashland. THE BRIG , HT , WAY 1 M HEAT WATER , ' n• /lfN1 1 ' My name is Brook Buettner and I reside, with my family, corner of Walnut and Luna Vista streets in Ashland. Our backyard runs parallel to Walnut Street. For the past three weeks I have watched the nut tree, located just outside our backyard, sicken and die. I have also watched the leaves of the two birch trees located inside our backyard turn yellow and drop. Strangely enough only the birch leaves facing Walnut Street have died. I contacted Mr. Jerry Glossop, a supervisor of the Public Works Department who informed me that a Public Works crew had sprayed herbicides on blackberry bushes located along Walnut Street on June 6, 1996. During our talk, Mr. Glossop made the following statements: A mixture of herbicides, including herbicides with the brand names of Round-Up and Crossbow, was sprayed on the blackberry bushes at 5 AM on June 6, 1996. None of the residents in the vicinity of the spray program were informed prior to spraying. Unfortunately, the Department did not realize that Crossbow vaporizes at a5 degrees fahrenheit. June 6 was a very hot day, so when the temperature reached 85 degrees, the Crossbow vaporized and becoming airborne, drifted with the wind currents into the backyards and homes of people living nearby, damaging trees along the way. Quite frankly, I am extremely upset about this situation - not about the trees - but about the health of my family. I have two baby twin girls, aged 14 months, who play in our backyard every day. No doubt they were in the backyard several hours after the spraying was completed, and during the time the Crossbow was vaporizing and wafting into our backyard. As babies are apt to do, no doubt they constantly touched the grass and put their hands to their mouths, thereby ingesting the chemical. Also, as human beings are apt to do, no doubt they breathed the chemical laden air. Who can say what damage has been done to them, damage that may not show up for years. Some people may say that Crossbow is safe, that it has been approved for use by the Federal government. I refer these people to the label on Crossbow. This label states that In case of body contact to flush skin or eyes immediately and to get medical attention if irritation develops. If ingestion occurs, the label states to call a physician or poison control center immediately. Breathing the vapor is hazardous and applicators should wear the proper masks and equipment. In short, Crossbow is a dangerous poison. I would like to know the following: Why does Ashland not have a policy such that all nearby residents' are informed in advance prior to the spraying of any herbicides, pesticides or other dangerous chemicals? At the very least my family and I could have left town during the spraying and washed down our yard when we returned. Why was I not informed after the Department of Public Works had determined that the spray had vaporized? Maybe I could have taken " steps to mitigate some of the damages. Why does the City of Ashland automatically spray dangerous chemicals on plants, even if in response to citizen complaints concerning weed , growth? Perhaps the city should balance the inconveniences posed to citizens whose aesthetic sensibilities are offended by the presence of blackberries, with the very real health hazards posed by, the use of chemicals to the children of Ashland. Why does the City of Ashland use such dangerous chemicals at all? Crossbow includes the following chemicals: butoxyethyl ester triclopyr and 2, 4 dichlorophenoxyacetic acid, ( 2, 4-D) . Scary names. The fact is that these are chlorine based chemicals which are currently the focus of scientific debate concerning their effects on the human endocrine system. 2, 4-D was one of the two active ingredients used in "Agent Orange" of Vietnam fame. I refer the Council to the book "Our Stolen Future" by Theo Colborn, with a forward written by Vice President Al Gore. This book, which has been praised by eminent endocrinologists all over the nation, states that chlorine based herbicides and pesticides, (such as Crossbow) , may do extreme damage to the human endocrine and immune systems, in essence creating endocrine system problems in human fetuses and small children. The authors, eminent scientists themselves, state that moat common herbicides and pesticides have never even been studied for their potential to do damage in this area. Enclosed are excerpts from this book. I propose the following: 1. The City Council should pass an ordinance banning the use by the City of all herbicides and pesticides. At the very least, the use of Crossbow and other chlorinated herbicides and pesticides should be banned until they are proven safe by the endocrine experts in the scientific community. 2. If ( 1 ) is not adopted, I propose that nearby residents at least be warned about the impending use of these chemicals, and afforded an opportunity to object to their use. Objectors would have the right to ban the city from spraying within 100 feet of their property. To those people that claim Ashland needs these chemicals to control weeds, I ask, what happened to the old fashioned idea of manually cutting or pulling weeds? This need not be expensive. Crossbow costs $50 a gallon. How many weeds could a high school student with a summer job, cut for 950? Plus, this way the money stays in the community, instead of going to Dow Chemical, the manufacturer of Crossbow. More importantly, how can we balance a relatively minor monetary expense against risks to our childrens' future? H u =o ° m 'x ° E ° n ' E H ac = _ o ^ v Y -0 V YO ° o c c ^ E 0 ,u- ° G u to anY - m O C o F. - m b v -o �o C C ,., OD o C Y QO i y P G�_ '- i C y _ O U ` v — w — `p v i v p — � O y a — m V 3 c ..� v m .N J •• V ° 'p... ^ '� ° y T 3 .-^r U -° ^ •^- ^, VO � Y W - tJ .y U •^^• � - .'. ^ V i � .".. ^• ^� O .:, � .'_ bD ^ CD +. p^p U 0 3 p oo I Y U > — m .. U .. L u C - m o •,: � �_ v ,e �v u v v o juj E �% i m °� c ° = v v 3 .. 3 •u u __' n .c _ u °u u N 1 L 1 ` v ^ 1 Y (Q v .u. v v ^N p _ 'C � m E ,- .= x m E m .G > .N .V. I- D N N N Y 3 3 n u o `0 v u N y 3 c o o c v 3 v = u u V L u E o v ° OD o� c y �� ? OC3c � > YHo � m vim .❑ yv ^ E ' x v o E o ❑ ° c _ ° r c 3 °' v c c m o yVNomo � 'rG ° O y .5 CcEm = � E :° = au — T^ 3 — u � `o O :. CD m E .9 o ^„ .- y = mrn o < ' 'v —° °� .0 o 0 ° 0 u G u Y o E c m o c u > > m c o p o c T o v E >` ; .° .fl y—y. C Ci m .° -a m 0 .°- m G X YO v ° a E _ -O > c v O O C -_ GO C E o a: C O L Y v 3 �e m m G•e o � o L oo ° o u o > > `m i o L p v u = c w 0 0 0 — c c N a t ^ u .v N ° - c m ° > -m y u ' o Q m .- ° o s b T A v m 3 u . c E 3 v ° m ° on v A �' E v o_ > v .c .E v > > 3 = °o y r u c a -a u EX v y ° o y c t u 3 a to : o0 3 o c t 3 = ri N L v m = T ° _ c o ° y E u o N L u ._ .g a R ? u E E ° •v v E p E r N v E o v v, a -a E m ° Y N v O L .'�.. > 0 =v C Q O m m y '� p '9 .° '=' E.., .v. 'O y C N N ° p p O .L O p .v u v L O v O ^ m V 'L Y O v 0 a 00 p v Q E p u m = 'Y :° v 3 3v ai 3 N •0 n. au Ea GN cvv a m to `u ° :. 0 F 0 Y> d v D_ .X u O m p u p 0 o 0 A -9 C O F = c E y C u C ' L � ° u p O F' u ` A O 3 .E L F v ao O 'u h u O O '9 A y v° v ,Q v v O N C F u - N .v `+� L O ,D - -0 v v F v ^j •� C yu, O. O m C G m X m u F .mm m m .^ u u " `y i u F .L.+ O — '� m .� �% v p 0 .E p .v., EO CO " —' ..p. .E - m y .F CL H y m C = 0. p m 3 m DD c v ° 3 3 : ` N -D _ v o v p o v G ° y 3 -u v 0 0 - u u u c E o m u - o v m u o y u > v E o v o a m F c u o v E m o- o ti u u N .pA a � u `° .9 Len.Ein u E 3 u c_ L u vn Y , v c L > W aL v > n. m :°. o m � w, u t9 -v °N' y; ° ° ❑ u u O 7 '- y ". L v ` y >. v 'D L '-p u u N y m Ou p ° v s v $ c v 3 0 _ v M= c .E v o v E ¢ o n = v c y o x m 7 F F L 3 en o V 3F N D D E E A u o v u ` v ,O .y. m •� '- O u L m 3 — v E L >. C u O F 0 -a F v y W N 'K v .CIO T�4 y Vp. C u u •y 'fl O 3 ` [e Y ,� eD y ^ m ^ ° V .: C U ..: u Ip u y v N L C.� _ m u _ ^O C - u 0 GO F v v „ U N U p '0 Y u a'.' u 7 m F L E m �+ o v eo n eu° °un� to v L E E v o ° ° i u -? °u ° A 9 m vO .^.. 7 is L Y L v d Q.` ° 7 O E v 'a eFO v -y > :. i. A v -F '—.' 0 vi -0 G .ivi m y E r 0 v '9 F ^ ^ = X '" .o L r i u mm T 'D : O —�. 0 v 'O 'C = v y Y m : x .N. v " v ^O v .N. al p v `O .❑co t . ALL °° � � AF _ - o _uo o > � uuca ^ _ " : .EE ° ova O N u N .�. h A a C W •� ¢ C m ° ^ Y .E •v V "O ° .Li.. U .. u E .` -O w OO L m h C `p u m. e,>j U y m > p >. i d ^ 3 7 m O 'p o m v ° v ° x° m m m 3 O 'O F -Q ..p -Q m c c c yu 3 N E u U 3 O to e0 F 'O v Cn > = c = o ° u c o o ° o c E r Lm ° E m eD evn F -- u u o - 'y o u o c u u u �, c o o -p on u c r-0 _ OZ m u E o y Q o a v o a u C y O ¢ > '� O O x .m _ ', m eO O -O F -U C N -q-- _0 v y 3 O C Ln C u = v = : G < Z Y `o o _ ° H =o C ° U ya on�j .5 0 o m E m c E u '9 F u a > 7 •D >, Y E °' v d O v O u -- - O C _O F o O p .U. u u N 3 .N. c E 'y m m _U x h Ln ,vn A m y E o vyvi 'i, CYO m y ,� 'p o .D N " .- c y, v rV v m N _o -.p m p L Y Y ° i c m CL ° _ n a> o o °� o .o y h 3 '0 u p u c -o J v j!! ._u_m ��_:.- °7c _c U,"-• �mO '^_j = -i m>a u.. m v m 3 E E`v. ,mV n °� C vv `E .°a>. I'� •DO m mu m 7 y o u > _ ry F m $! A � C gycC mn. > O � O C 7 O oo y u u u p O m u v O p v > a O y Y E o u -0 u O v o �O ° a ° c v c o ° o u = ° E o a 0 3 C u a N i u °: u o ° a u E v ._ a a u c s C9 . o c `c •c N u a a o 'a u Nv ° c -C v ' _ " = u v N E ° " '=. •y �� � '= E ; v E ^_ N cn QI ° CY.E La V r y -a V > -O F• GJ a C C .0 U � 'y Q••O N ° O y 0 ° 'O �. .D 0• V V V �V. V r C �.0 V •V 'O V N V O ° i0 M. 7 ._. > O �O L y0 E r y W W u 'v0 L Cn•� N to w .^. G O -a N E u N 0 N U v U 'D S u v v C E O ... E- a. v v O n CL v r a : U eD r C > > E c C ' v _ c u u o N C _ 3p m '- u —°^ a au " E vO `v u u u o 3 V 7 'O � j 'U .` _ 'p, " o v a O 'O O � O v 7 % O E q u .t � _O u u � y ••p E E u uu = 'v s v u u o °J o u u .c o E v E u ❑ °p n n D ❑ au` < ''- v = 3 uo c o o u o a -° x u "' �• 3 C ^ . , m m-0 � o o ° °E _ E - can E vw OD X 'O o O 'O C .uy . o . R =O o. o o v E o v c o u = E a. Y uc u ° O ° o W "a y c ` c hE ° v> � •^^ cans " E u C E m a E a u °- ax '^ 3 ^ c ^ o u o c = = v o N a a E T V O y Y ^J V v �/ f0 m > 7 V V r —V (E C O y N � L p ^ Y U QI X - O r. __ C1' ^ ` ^ O QJ •_ N N Y (J r u N N O v ° p - r IL' O N Q1 O O ^O '� Y ^ ++ r� L• V r N > O CZ.' . °^ V V = . N ^ u 9 fs J = n m O U>o r a m v n> ° E ° — ? o F V y 7 N r Y •C O O O N ^ o fO y o .0 O O R M. u o m min ^ u- _ o o of = g o L U v C T C N ° U u N ° O ._J• U U O Y F _ _ O _ > cl— _ gv _ � � � � OZ a U U r U � y N N X - y .V a N y O• ^ u v V -_ ^. - :I ` V G y U U U U U O y O 00O > ° U h i iV � E - p C u v7 0 e .. ° ° uE � ; = anv � per = = — c= = Oa 3y 'uh ._ y vti - c T v ° �a N > ev r ptD O .L W V Cn 6J :J V V '. r. N O ^ — V rV. V O 3 m = G X ., N U U , c .L U°o ❑c Y F v u ° F o e, •� °N' O Y O v O ^ C-1 t-- O Z v n O o o ? p„ O O a �. ,- _ ..p ,°� n n n =�' =, .• H --3 n G N 7 y O = 0O C 00 n d o x y n v y G < c .a n °, d o n 9 °. =� y g 2 2 5 c — 0_ n' a= ° Z < n n C S _ n o ao _ n _ y n n _ G o C n o o o io d n G n C „ _ on O = �c• O _ _o ,nom < n c c G _. O n v p n n Oo Oo _ d it a c n c o ° y =. G �G_� O= 0 �= ■ ■ ■ ■ 00 OT w d C G = •C T n C- a-0 d . n y 7 ° d 'O O d o _ n' G b O = 7 C gip' G m G d O O O y n 00 Oo 1 j n v n ❑ N �, — " R .� 7 °'o❑ °c m$ oo m° lm.a H., �3< n n C ° -W.. ❑yT N tD `^ T l N_' y H C-❑y 'G p °tiDn " C oGQ ° c g o S o 0 on O O- n 9 i t n y n S V S O H C n O - .f D.. OV 'm 0` n 0 7 a w =_• .dn. c n' n. 7 c u N n'H Y '+ lC �' T n 0 n a0 Pa O <° •O da O _ y, d O 'O 7 0. = D.. 0•_ d = a y °. " G O T O �^ K H O. '_' '"" d O .d. O C w n C y T G 0 '• c c n� ao v 2 d 3 T � Cd p �';., nv _•O n C C £ C n 7 m y G _ n d d n C S ❑ 4. T m d C ." H n s❑� TN = T o o G d 3 d O' ;T•< T x mo�OV c ❑�•s°=... G O d e O 3 cc- 2 y p y a° y �• o- r ° cr r _n y n ^ a 3 d O p '•• S n d C S O G G R �' O G l (nC " ^, S .�. 71 S�<°" di. n 7 0 O 6. �'= y O O C r 00 =l „O� �'O n p_❑ n 7 _ a n G to O f9 T Q' d rt N. °.. O � = S .ni• n � n !D n ❑ °' T S p j n C y n ° d n G y .d. 3 �=• n G d O. G �+ •] y T ° " m`3 n x ° Q v ?. 5 c 3 d _ g d_ d m o o c 3 _c O S d n d r 0 n W S:' n p, 3 O n 7 p C G ^ h ° W R Jd o x R n C �• G 3 n' 7 p N y �? j C �, 7 O n• y Q' H m. n j H w .Q < d C d � x O =� d o y d rL n T C a^ ° ��n �� a n y. re n -' o �? n B T oo B P 'o. n. ^^ n 3 n de:o °' a o H o. 3 °c- W N � a. _• ni �, d '� = > n'= o — o C o C =' = o o A 7 ° Cl.o �an = o D ao 0• n- <' c-av _ y o o o T r - c .o - [-7 N n. A O C.. m n ❑ O z ie G _ O O O y O F n x O ^ H C qQ o 0 y o' y r c g n C- o = 2 0- n E o ? _ C C. C J H H ° y = c _ av _ .. - io n O c a 'O T ? OQ n n � " °0 C n = n O io =� r• r I x 0 I o p O N n n y GQ m C p n — n - °+, = n y T w' n _ -' C N •' ;n aq c 0 aq z oc o c o o ° _ C QQ _N_ (0 (D r .< n N < y n C r.. C OQ C.. n O C.. to Cr p' C' - n tD d r 'O ° O -^+ F = y ❑ N O d y T.� = m ^' y JO C4 on- v OC 00 r 7 r n S y n ° or, W 0' C'. 2L 1 T � (n C- C o O, -j v O _ CnL. O C9 R o_ . .. _. o C C Cl. E3 y CD 3 N °Ij, m °_—aQ o _ n n — _. m e o n _ lD O H 3 OOCO C y d = ._m. — e " \ a S TJ C.. rt d rt n' .., c� y d.�= n v O 'O �. _C. N .n. O R O `^ C- � .°i. C .N.. O 'O tc y y N y y .. w0 O ^ C CL N x mil'' y Cp a R A _N N R ^ O ^ N N (D y x o o CS c o c H ? • d. C O _ O w D O A CL ° N ° ° Q = o O °C ' O_ C N C ❑= a° m m n 0 0.-0�• o^y —fD' H A oR T a. .Y 9.. N e ❑ 3 = y ao a c o = re N < CL y 3 T S o �. O a y s n y v N °1 O p o tp T = n = x N r (n CL = 0- ^ D H _T = � m 3 0 _ o y y £ 3 d v T n T m o N 0 n -<' n n 0 0. 3 d n T y "o 3 3 a N 0 H _ C WO O C N T n = = O C ." n' y C y F rt C. O n O x O .� y y N 0 CL m Q x'9 O C R x O' m' n o _� �< y a (n [rJ �' d 3 S iD d cr C. O.. O ° y y = .0.. ° 3 d 0 m = O 7 O O N C. < °i .Z'O aT O O 0' n O y A O �' y () N T•� CL uJ T O 'w °o., o CL n n o c " o ' Q ° n. = o x n 9 0 o o cv w < n � — ti n n o 0 B ` c v y y 3 w „ w w° 0 x w' 0 0 N N d O- r.0i -rti O C n CL CC O CL O' O 7 7 y y ^ rt = PU C. O N 7 .Q H' O^ = O S N 7' C = N C C 00 ... C y N R O N ° N T T �' w N O' C' _ = 00 N• n O C ^'. C C O °n ^ N tD �� y O o C C Chit " (')' - d �< N 'o CD O A N N F % lD ^ O O T .N. " T N T y N 'p O n N �ry o n T n. A C. o A R m _ a o- 7 H N O n ° 9 °= ° o C. e . C) n m p n n n a O o n o o 0 O rj p n c y O G n w C n n = �' ° o ff N• C = ". G °c_ N °_ o � c n .. _ o n n � �' iy .• T �. n � � � n o ° c 1. i = C"' n 5 `� ' n cm n aq n O n n y n O C n 0 °n-' C -- n �. n n •'-, d G `< C' d o O d C 7 � 0- � y p' � � — C C A d C n n n 'n c G n n n y n �• �, d m n N �, c o o c c O < F ^ O.. p, n 'c C C /e n = O H ON n !D -• - p O 4 n _ _ n ^ n n n m C d H N - w O n ° 0 C O rt N - C p C d o n - d =. d m 0 d O c w .. �? C y O C r= T C � H'� � � �• C'D a '.y n � � ❑ "' m C _ T 0=0 O R n m' �' OC O � lD -Cr V n = — T y ° w n O H n ry ::, y O• a' d y Go Q T.9 d n T C n C x C C C d n •°.. -di m w d '^ O 0 d o y ! 7 D. r A n• n C - ❑ 9 cr cr o c c 3 T H a o cr w goo rt o a DO c n cr —O 7 ^ N c ° O r=E O w n n A n C N m O Qp ° n o < Oo n = N r c c d _T = d o c_ ° N• < n .0 n' 7 y 7 3 O^ G y C n' > > n .x. y' S w n ;e ° n n G n N y ... n N d N n C d •O n N n N n d c c a T C E C d 7 E n 7 d 0 0Z on a Q w = O k n a O= n d y d 7 0 00 O p m � v � -a' c d o � °' o ❑ d � c °' 3 °-v° d O ^ O - n c G T ^ 7l 0 C d C ,.' N m C �' C n p 0 0 d p C x 7 C 0 m G O — d ° n p 0 n C G ... S' N w w d CL x ° ° y �• ° ° E .. 7 °c Z n T 3 ,EO, n m �- .°•: 3 v p.. n < Q. r^ `G vni T p, C C ° N N T X p _. G E n C d ° n 0' uGi 0 0 N T C O' d d y 7 p 7 T d C n n n ° G y C G d N n d `< n n w .•� N d n �. �< n IQ ioo• °n o c_'� io n `-°. o � ° -. -- H a. o < - n °- n y' 9 � � � n w E � .� p - ,� _ ❑ '� N. � d`� n .. � 7 n O � T .GN. v -. p n � ro G n C ❑' n S m m (p d E C ... " ._ N o C, -. < .." n ❑ Oo � ^ni � � a, r v G 0 G C C O C _ H O n n _ _ _ _ = y C _ p v n p y' � n � "n" "7` C n _ p X .Q C- C'O n C1 - n O f� x ° I^-�' ^' o C n r J ° " r °, CL G. _ � O r . r G• .+ — = G C = n � G n — n n .� 'NO �`G n w i = ^ r Jr s `• p- r. _ � n ^. � C p G C � _ C -r C O _ n' � tD < C• " '^ vi �+ = v w0 � r, ^ � _ (^ °� UQ '1Z aq cm _ C "- C, n O_v. r. T " r r. r N is aq n -w g w < T Gov n iv ❑ .°� N ° _. O QO ° " O.. O CA Oc 7 tD GQ =Cm n _ cr �-, _ y T. OI c5 Nio J S. ^ ^ ° on C7 _— C v E o Z C n w = va > o. n n n' n ° = ('7 G « n o .n^- Z °' a? _ chi c c v CJn �^O's. � < p ° > ° 3 0 � n C CI 9i R C7 T y n PM� cn TcTVar3p � 0 CCvG IOnZC) - ?0 c 0 c con_ �� n � > G �� n G nnnonfD v7ny � G ❑ cTo � n m cn oz T•< y n n 7 .G. _ 7 ° (")rt N 0 -j.f9n. n,S- _ orce � °-" o� '� �. ° o 'o' O c o�' o-� c .ate •`; qQ o 7.7 n v v n 0 w0 � v� n o n e n y i n p 7 S < � 2 0 v = d. .V X ❑ ''• .,. = > no v o. 2 0' o. G a, Tn ...jam r' _ ^ � n � n � _- ^ •_ � ° n n .Pi Ooo r T O yce = ? '-.'' n = O p� G �± = = T n n I� _> > G n n n x- C1 N y ^ y 00 ^ W ° > v -.•i Op 3 o aao c H O a 0 0 Z C 00 aq coz T 3 0 1 ' / D Varb Elr2 11"1.-�S�"C✓�SE✓1 CORRECTIVE ACTIONS TAKEN IN RESPONSE TO MISAPPLICATION OF HERBICIDES ON WALNUT STREET NOTE: Mayor Golden contacted @ home evening of July 8. 1 st notification I received was morning of July 9 from resident followed immediately by call from Mayor. July 9 - Mayor Golden, Brian & I met w/ families in spray area. Canvassed neighborhood. Made note of people's concerns. Met multiple times w/ many residents. Contacted Oregon Department of Agriculture for information on herbicides used & their effects. Conducted site review with Ron Simeroth, Pesticide Investigator for Oregon Department of Agriculture. Ron verified misapplication of Crossbow under temperature & humidity conditions. Contacted Pesticide Analytical & Response Center, arm of Health Division, for health care & clean up information. Shared information w/ concerned residents. Also advised them of 800 # for National Pesticide Telecommunications Network, sponsored by EPA. Had Street Division Superintendent, Supervisor & Herbicide Applicator tour impacted area to gain understanding of the damage done. Implemented prohibition on use of herbicides & pesticides w/in Street Division. Had Street Crew remove dead blackberry vines along Walnut Street. Instructed that street thoroughly wetted down for dust control. Conducted site reviews w/Don Todt, Parks Arborist, on each affected property & City ROW to determine if specific work could be done to prevent damage from spreading. Made arrangements with residents for City reimbursement of their medical & plant replacement & miscellaneous bills. Brought in independent certified arborist to provide damage assessment of each property & prune vegetation to minimize vascular movement of herbicides throughout plants. Attempt to "salvage" plants. Directed Street Superintendent to initiate training program w!n Division on herbicides, pesticides & their effects. Applied for permits to remove trees killed by herbicide w/in ROW. Don Todt verified that they're indeed dead. Won't rebound. Made arrangements w/ residents & Don Todt for area to be resurveyed in fall to determine if additional trees will not survive. City will replace those trees for them. Referred residents to Bob Nelson, City Risk Management Analyst, for claims resolution. Currently making arrangements for revegetation of denuded bank in fall for natural dust control. Will conduct neighborhood meeting for input on desired plant species. Investigating Ligin Sulfate ("Wood Molasses") for dust control on Walnut Street until vegetation is re-established. Will notify residents 1st & provide opportunity to respond. Continuing to work w/ residents. CITY ATTORNEY - CITY OF ASHLAND 20 EAST MAIN STREET (541) 482-3211, EXT. 59 MEMORANDUM June 19, 19M To: Mayor and City Council From: Paul Nolte Subject: Authority to Remove Encroachment on Alley Off Emerick Street Between Eureka and East Main Streets The planning commission recently approved development on the south side of Eureka Street,west the rear.Emerick The alley is as public right-of-way Street rom Emerick Street unpaved alley t -C- Street As a part of the development, the developer is to pave and use the alley or access. The western portion of the alley has been blocked off by a fence and garden rden for theny yew by abutting property owners (Robert Ellis and Dianne Smith). The blocked alley came before the council in 1977 and the council minutes reflect the following: °A letter from B.D. Green requesting operi of a dedicated alley from Emerick ing Street westerly a distance of 212 feet was read by plmquist. Greene explained that there was no opposition on the part Of owners of tax lots 1500, 1600 and 1700 but that the owner (Smith) of tax lot 1800 had part of the alley fenced off for a garden. Greene told of plans for on�ectear of the property.apartment Dr building an desire to have parking for the come owners. moved for a public hearing and notification of adjoining property Ragland seconded, but motion was defeated on roll call vote with Drescher and Ragland in favor and Phelps, McCannon, laws & Hamilton opposed. all McCannon moved to open Phelps,s Hamilton& seconded YESe1D ps. On roll c vote, Ragland, McCannon, opposed." (May 17, 1977) Ellis and council action lowed the fence and r( ennand only the present council stating th 19 can reverse that action. owner can obtain in a public right-of-way. By a copy of this rights There is no process required to "open" a public right-of-way nor are there any which a private abutting n them that this matter will be considered memorandum to Ellis and Smith, I am notifying MEMO TO COUNCIL JUNE 27, 1996 PAGE 2 by the council on July 16 and they are invited to attend and provide whatever input they desire. On July 16, 1 will be requesting the council to revoke whatever permission that may have been given in the past to Ellis and Smith and give them 30 days to remove the encroachment. If they fail to do so, the council is requested to direct the city attorney to take whatever action may be necessary to clear the alley of the encroachment. c: Robert Ellis and Dianne Smith Obstruction of Alley EUREKA 5T. Sao s, ZonN:R-3 Alley::: : :.: :•:•:-:• sr . � LU O W E A 5 T MiAIIN 5T. Ellis Property VICINITY MAE CITY OF ASHLAND CITY HALL DEPARTMENT OF PUBLIC WORKS 20 E.MAIN STREET ADMINISTRATION:(561)488-5587 ASHLAND,OREGON 97520-7814 ENGINEERING:(541)488.5347 FAX (541)48813706 MEMORANDUM DATE: July 12, 1996 TO: Honorable Mayor Golden and City Councilors FROM: Susan Wilson Broadus, Director of Public Works/City Engineer SUBJECT: Request for Sewer Connection at 392 Crowson Road (39-1 E-1 3C TL 1400) RECOMMENDATION Staff recommends Council approval of this request, conditional upon the following: 1. The property owner meets all requirements of AMC 14.08.030, Connection - Outside City, Inside Urban Growth Boundary. 2. The property owner signs an agreement to participate in the cost of constructing future sanitary sewer improvements in Crowson Road. 3. The septic system is decommissioned when a sewer system becomes available. DISCUSSION Mr. Darrel Wiltrout, who has lived in his home for the past 25 years, received notice from Jackson County that his septic system has failed. County staff recommend that Mr. Wiltrout connect to the Ashland sewer system. The property is within the Ashland Urban Growth Boundary. Tolman Creek runs along its southeasterly boundary. An existing City sanitary sewer line is located less than 300 feet from Mr. Wiitrout's property. Mr.. Wiltrout has agreed to furnish the City a binding consent to annexation of the land. He has also agreed to execute a deed restriction preventing the partitioning or subdivision of the land prior to annexation to the City. Mr. Wiltrout has agreed to payment of all required City fees for sewer connection. The proposed connection could be made either through easement to the St. Andrews cul- de-sac or at the intersection of St. Andrews Court and Oak Knoll Drive. The Wiltrout property is currently served by the Ashland water system. Connection to the City sewer system would reduce the risk of ground water contamination of Tolman Creek. attachments: Map of Wiltrout property AMC 14.08.030 Letter of request from Mr. Wiltrout Letter to City from Jackson County Possible locations for sewer connection LL �41 - �7el R1 69 ar ^'ri, LL- Ld It .".>' :•i rte- n .h 0) LO Lr Cry. V ' �: ct Ld (� pd Lo \ W cr >. O cc 1,�:°+°y �• ° ' '� Y� / IY U �bJ\ ♦ ^ N 'L /J N \ 25 . is .�•- � � c7 � � •�.-: 14 08 030 Connection - Outside City Inside Urban Growth Boundary.(Amended ORD 2767; 10-03- 95) An occupied dwelling or building located outside the City of Ashland and inside the urban growth boundary may be connected to the sewer system when such connection is de'.ermined by the Ashland City Council to be in the best interest of the City of Ashland and to not be detrimental to the City's sewage facilities. Such connection shall be made only upon the following conditions: A. The applicant for sewer service pays the sewer connection fee and the systems development charges established by the City Council. (Ord. 1954 S3, 1975; Ord. 2019 S3, 1979; Ord. 2092 S3, 1980; Ord. 2147 S1, S2; 1981; Ord. 2263 S3, 19S3; Ord. 2316 S3, 1984; Ord. 2322 S1, 1984; Ord. 2449 S3, 1988) B. In the event a dwelling or building connected to the sewer system is subsequently replaced for any reason, then the replacement dwelling or building 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 within 300 feet of the existing dwelling or building to be connected. The applicant shall be responsible for the full cost of extending the City of Ashland sewer main or line to the property for which sewer service is being requested. D. The applicant shall secure, in writing, statements from'Jackson County that the existing sewage system has failed and that the provision of sewer by the City of Ashland does not conflict with the Jackson County Comprehensive Plan, support documents, rules or regulations. E. The applicant furnish to the City a consent to the annexation of the land, signed by the owners of record and notarize_ d so that'it may be recorded by the City and binding on future owners of the land. ; F. The applicant shall provide for the payment to the City by the owners, at the time of annexation, an amount equal to the current assessment for liabilities and indebtedness previously contracted by a public service district, such as Jackson County Fire District No. 5, multiplied by the number of years remaining on such indebtedness, so that the land may be withdrawn from such public service districts in accord with ORS 222.520 and at no present or future expense to the City. (Ord. 1820, 1974; Ord. 2147 S2, 1981; Ord. 2314 S2, 1984; Ord. 2322 S1, 1984) G. The owner shall execute a deed restriction preventing the partitioning or subdivision of the land prior to annexation to the City. H. That the land is within the Urban Growth Boundary. (Ord. 2322 S2, 1984; Ord. 2704, 1993) May 22, 1996 Jim Olson City of Ashland Engineering Dept 27-1/2 North Main Ashland, Oregon 97520 Dear Mr. Olson: Per our conversation in your office on May 9,-1996, I request the privilege of connecting to the Ashland sewer system our residence at 392 Crowson Road. This has been our home for the past 25 years and we have enjoyed the privilege of being serviced by the Ashland water system,which has been connected to this residence for at least 30 years. Our home is outside the City, inside the Urban Growth Boundary and the Jackson County Planning Dept has determined that our existing sewage system has failed. I believe that our residence meets the conditions required to be considered for connection. 1) I believe that there is an existing Ashland sewer main within 300 feet of our property. 2) Jackson County has written a letter explaining that our existing system has failed. 3) We are willing to furnish to the City a consent to the annexation of our land. Thank you for considering our request, if any additional information or compliance is needed, please advise. Sincerely, /lJ4itG Darrel Wiltrout Property owner JACKSON COUNTY OREGON PLANNING AND 0, 1996 10 S.OAKDALE. MEDFORD,OREGON 97501 DEVELOPMENT is SERVICES (503)776-7554 FAX:(503)776-7384 Jim Olsen City of Ashland Engineering Dept. 27-1/2 N. Main Ashland, OR 97520 Re: 39-113-13C-1400 Dear Mr. Olsen: On 5-6-96 I was on the above referenced property at the owners request to inspect the septic system and make recommendations for alteration or repair. The system serving this lot was probably installed in the late 1960's. No records are available on the installation in our files. The owner Darrel Wiltrout is concerned because the system has recently failed. He would like to pursue connection to sever if it is economically feasible. I spoke with you about this situation and advised Mr. Wiltrout that he would need approval from the Ashland City Counsel before connection could be considered. A on-site repair system could be installed on this lot if necessary. Adequate space is available meeting the required setbacks to wells and property lines. In areas where growth is progressive and where sewer is available. connection is clearly the best long term solution to sanitation problems. The Oregon Administrative Rules require that a existing septic system be decommissioned when a sewerage system becomes available. It is our recommendation that the owner connect if the City of Ashland approves the proposal. In the event that connection is not approved we will work with the owner to design a new on-site repair system. Please feel free to call if you have any questions or if I can be of any assistance. My office hours are between 8:00a.m. and 9:30a.m. on Mondays and Tuesdays. Sincerely, Robin Davis Environmental Health Specialist Cc ' Darrel W-111-YCUi' A Q: Q \ 99i w w z A w aC% . J Q S to ZO Q � ,L r \ O ci �-. cc I U C� h U } W 3 1 to 8" D.I.P, WATER 1991 m A a t,OAK KNOLL DRIVE w W 1 ------------------ - a Ri U 3 1 w 1 W i--i w a , CL w O w I G\ I N z I o W M I N F I ¢ Cl) I z . a I z Q I F w - 1 3 (S� I U 1 0 cc O I LL a , cc 3 I O U I Z z z E-I o W' w W ¢ r- 1 N 13 h-� O tYi Ri ¢ o cc U. H U vii ¢ w i 3 N I U U c A I M l F- 1 In 0. 1 o v+ F W N to > I LL w a n ? IL 0 — p c Q S �� Y ¢ Z W Z w 0 N. ml U W W CC O 1 ¢ Cc. ,Z LL 7 Z W 1 f a O cc cr l O z CC W z O i s OC4 C l w Co aw U i s l 0w 3 cc w N N o • W '•.p4Epp�.• July 11, 1996 V1 Q: Honorable Mayor and City Council (19 rIOM: Brian L. Almquist, City Administra®r ) lI�1jCt Space Needs Summary At the last Council meeting, staff was directed to place the issue of the status of the City office space needs issue on the July 16 agenda. At the July 2 meeting, I gave each of you a response to,each of the specific recommendations of the ad hoc City Space Needs Study Committee. For the benefit of the newer members of the Council, I am attaching the following background information: 1. My memo of July 2 responding to Rob Winthrop's letter. 2. A memo from me to Realtor Barbara Allen regarding the proposal for the Hillah Temple and Youthworks (February 6, 1996). 3. Two memos from John McLaughlin updating the Council on the issue(dated June 6, 1995 and March 21, 1995). 4. The first two pages of the appraisal of the Hillah Temple by MAI Appraiser Evan Arched(May 22, 1995). 5. Ad hoc City Space Needs Study Committee Majority Report to the Council(April 13, 1994). 6. Ad Hoc City Space Needs Study Committee Minority Report to the Council(April 19, 1994). 7. Memo to ad hoc City Space Needs Study Committee from City Administrator/Public Works Director/Community Development Director proposing altemative for meeting our space needs (April 8, 1994). 8. Civic Center Decision Process outlining history of development to East Main Street site. (r:spcNd..m=) •.�,.-. - Attachments _. j �44oF���o Ertturttncfixm .: OgEGO July 2, 1996 a: Honorable Mayor and City Council ram: Brian L. Almquist, City Administra 6SubjUt. Rob Winthrop's Letter Rob has written to the Tidings suggesting that"it is time for an accounting by the Council as to what steps have been taken to meet the[Our Town]committee recommendations" with regard to future space needs for additional city offices. I agree. The following are the specific recommendations of the committee which were approved on a split vote 5:2 (members Michael Bingham and Greg Williams filed a minority report). Reawm widation No 1. All fiords taarmn emmwW for the cnnstntction of the pmpased City budding at the East Main Civic Center be eatrrw&ed to acquire,maxuri w and improve space for city offices in the downtown core as defined in the downtown plan. Response:This recommendation is inconsistent with the charge to the committee in Resolution No. 93-41 which was to "examine the space needs of the city,propose the best feasible solutions to any space needs." It is the duty of the Council and Citizens Budget Committee to appropriate funds for projects. Except for contractual obligations, one Council cannot bind a future Council or the Budget Committee to any expenditure of funds. Contrary to the last phrase in this recommendation, the Downtown Plan clearly states that"the old City Hall building will remain a public presence for the foreseeable future. While the city grows, some functions will have to be relocated..." (emphasis added). Recommendation No. 2. That the City of Ashland commit to the acquisition of the Hillah Temple as soon as possible. Response:The City Council authorized an appraisal of the Hillah Temple by Evan Archerd, MAI, which was preceded by a seismic analysis by Miller-Gardner Engineering of Portland OR.The appraisal indicated a simple market value of$445,000 and a replacement value of$451,912. Miller- Gardner estimated needed seismic improvements at $111,000. The Council requested that realtor Barbara Allen approach the leadership of the Temple with an offer to purchase. The Temple leadership rejected the City's offer and countered with an offer more than 1/3 over the appraised value. The City has repeatedly attempted to set a meeting to try to come to terms with the leadership, but'to no avail. As a steward of the public's money, the City Council is required to pay market value, or have a sound rationale for paying more than market value. However, any successful negotiations require a willing seller and, thus far, we have been unable to get the owners back to the table to discuss any type of compromise. Recommendation No. 3. That the City of Ashland commit to the rehabilitation of the existing City Hall building as soon as possible. This rehabilitation to include, as a minimum, complete compliance with all current applicable codes, ordinances and energy conservation standards. Response: The City has budgeted for the rehab of the rear 1/3 of City Hall in the 96-97 budget. This project, which is being done jointly with the Oregon Shakespeare Festival, will include an elevator and upgrades for seismic, energy code, electrical and ADA compliance. Within the last three months, all upstairs doorways have been widened to ADA requirements and a restroom was remodeled to ADA standards in anticipation of this project. The 6-year Capital Improvement Program now under review by the City Council also appropriates $30,000 per year for three years and $97,000 in the fourth year to complete the recommendations for seismic upgrades to City Hall as recommended in the Miller-Gardner Engineering report. Recommendation No. 4. In the event the acquisition of the Hillah Temple is delayed, the rehabilitation of the existing City Hall building may include the addition of a third floor and expansion of the second floor to accommodate all current downtown city employees with the possible exception of the Department of Public Works Administration. Response: The rehab of the rear 1/3 of City Hall mentioned in the response to Recommendation No. 3 above, calls for the addition of a second floor to the rear portion of City Hall which will add some 330 square feet. In addition, it would be possible to add 550 square feet through a second floor addition over the utility billing offices. Recommendation No. 5. That the City of Ashland hire an engineer...for purposes of evaluating the existing City Hall building and making recommendations regarding cost and methods to accomplish recommendations 3 and 4 above. Response: The City employed Miller-Gardner Engineers of Portland, a civil engineering consulting firm specializing in seismic structural engineering, to do both the required analysis and the drawings and cost estimates of the recommended improvements. These documents are on file and were used to prepare the implementation plan shown in the proposed C.I.P. Recommendation No. 6. The City Council shall hold a special public hearing devoted solely to this issue. Res nse: When the City Council has completed its negotiations with the Hillah Temple leadership, or determined that further negotiations are at a standstill, it may want to consider a public hearing before deciding on a course of action. SUMMARY: It is my opinion that the Council has met the spirit and intent of the committee's recommendations. While some of the items have taken more time than expected, we have made some changes to office spaces withir City Hall which have provided some interim relief. The remaining questions is whether the Council, by responding to the spirit and intent of the recommendations of the committee, has met the commitment in Resolution No. 93-41 and is now free to craft a solution to the space needs issue without referring the originally proposed Charter amendment to the voters. [That proposal was never officially filed, nor had any signatures been gathered at the time the Council appointed the ad hoc space needs committee.] Attachments: 1. Resolution 93-41, 2. Final Committee Report 3. Minority Committee Report (r.Robitr.o ) . P°f uH `l ran Aunt °PtpO�' ' February 6, 1996 Barbara Allen rom: Brian L. Almquist, City Administrator ,�$ubjPc: Hillah Temple/Space a Needs/Youthworks As I mentioned by telephone this morning, I believe we can accomplish nearly all of the recommendations of the Mayor's ad hoc committee on space needs,while at the same time meeting management needs to relocate the Public Works Administration and Engineering functions, and provide an interim facl'ity for Youthworks for the Family Resource Center. The concept is as follows: 1. Purchase of the Hillah Temple at its appraised value of$451,000 (as we discussed we should perhaps open with an offer of $400,000). The source of funds would be$250,000 from the Community Development Block Grant fund for Youthworks, and $200,000 from the city's General Capital Improvements budget for space needs. The building would then be 60% Youthworks and 40% general government. 2. Youthworks Fame Resource Center would enter into an agreement and/or lease with the city which would provide that Youthworks would have full use of the building for five years at no cost. At the end of five years,the city would determine whether it needed additional space. If not, the lease would be extended on a year-to-year basis up to an additional 5 years. At 10 years,the city would°buy our the Youthworks share for the initial $250,000. Youthworks would be required under CBDG regulations to use these funds for either program or capital needs. If the city needed the building at the 5 year mark, it could reclaim its 40% share of the space. The agreement could also provide that the city could buy out Youthworks share at any time after 5 years. 3. Public Works Addition at East Main would be possible with the$650,000 which would remain in the General Capital Improvements budget for space needs. Architect Gary Afseth has estimated that reducing the footprint of the original proposal by deleting Community Development would reduce the cost to around$630,000. This would also allow space for Computer Services (now located in the Judge's old office) and Fire Administration (now crowded into Station 1). The advantages of the above concept are as follows: 1. The Hillah Temple, as a strategic piece of property, would come under community control. 2. The space could be put to immediate community use. Youthworks would have to do very little to the space to make it useable for all their announced purposes. 3. Youthworks would have 5-10 years to demonstrate the validity of their programs, build community support, and adequate time to mount a capital fund drive for their permanent facility. 4. The city would have the pre-agreed authority to reclaim the space at any time after 5 years, based on its desire to control the entire building. 5. Public Works Administration and Engineering would be located at the same site as all of the operating departments which it supervises and serves. All ADA problems of the existing second floor rented space would be eliminated, as well as the potential fire and electrical problems. In addition $36,000 in annual rent would be saved. 6. Computer Services with its 3 employees would have a decent working environment commensurate with its growing importance within the city organization. 7. Fire Administration would also have a decent work space and allow the new EMS coordinator and training room to be accommodated at Station 1. It will probably be 5-10 years before funds are available to replace Station 1, and this would provide some interim relief. 8. Downtown City Hall would continue forever to house all city administrative offices and support services, including Community Development, Energy Conservation, Building, Finance, Utility Billing and Customer Service, Personnel, Mayor, City Administration, and Recorder. 9. Monies have already been committed to provide the recommended seismic upgrade to City Hall at a total cost of $180,000 over the next five years. The first project is scheduled this December at $70,000. Implementation of this concept would place all city services in an excellent position as to space needs for at least the next 20 years, if not permanently. Obviously, this plan will not satisfy a few individuals who would like to move all functions from the Civic Center back downtown. Ire\Mw\hi11ah 1 MEMORANDUM June 6, 1995 TO: Mayor and City Council FROM: John McLaughlin, Planning Directo UO RE: CITY OF ASHLAND OFFICE SPACE UPDATE-- HILLAH TEMPLE APPRAISAL Attached is the previous memorandum regarding city office space needs dated March 21, 1995. At that time, estimates were made of acquisition of the Hillah Temple. After presentation of that memorandum, the Council requested staff to pursue more accurate information regarding the acquisition costs for.this property. The city engaged the services of Evan Archerd, MAI, of Southern Oregon Appraisal Services to perform an appraisal of the Hillah Temple site at 51 Winburn Way. A copy of that report is available for review from the City Administrator. Following is a short summary of that report. Mr. Archerd has estimated that the market value of this property is $445,000. This is based on several different forms of analysis and comparison. As you may note in the attached memo previously prepared by me, I had estimated the purchase of this site to be approximately $500,000 to $600,000, based upon early conversations with the Hillah Temple. They have stated that their interest is in acquiring a replacement building and site in Medford. Included in the appraisal report is an estimate of the replacement cost for this building. Mr. Archerd has estimated the replacement cost for a 6,480 sq. ft. concrete block structure at approximately $452,000. While there is no estimate for land costs in Medford, staff estimates those costs to be approximately $100,000 to $150,000 for a lot of adequate size to accommodate a new temple. Therefore, the cost to construct a similar concrete block building in Medford, as was earlier indicated as desirable by the Hillah Temple, would be approximately $552,00 to $602,000. This is what we project to be the replacement value requested by�mple. If the Hillah Temple can be convinced to sell at current market value, then we can assuming the purchase price to be $445,000, and the estimated cost to convert the building to city office use (including upgraded HVAC, fire sprinklers, seismic retrofit, flooring, etc...) has been stated at $454,000 (see previous memo). The total cost of acquiring the building and getting it into shape for use as city offices is estimated to be approximately $899,000, but may be higher dependent upon the final acquisition terms. believe that this addresses the requests made by the Council in March. Staff awaits direction from the Council regarding future action on this matter. MEMORANDUM March 21, 1995 TO: Mayor and City Council FROM: John McLaughlin, Planning Director RE: CITY OF ASHLAND OFFICE SPACE UPDATE After the Space Needs Committee met last year, the Staff has attempted to compile information comparing the costs and benefits of different options regarding additional office space for City purposes. The following lists several of those options, and estimated costs associated with those improvements. While the estimates are based on the best available information, they are still open for modification. The list is also based on what we believe are the most realistic options. CURRENT SITUATION: Public Works/Engineering are situated in the Wong Building across the Plaza from City Hall. This relatively recent move of three Public Works staff became feasible when other tenants of the building moved out. This has allowed for a temporary occupancy of additional space on the second floor of the Wong Building, resulting in improved working conditions for the Public Works Director, and better communication with the Engineering Division. The renovation was primarily cosmetic, however, and the problems identified by the Space Needs Committee are still there, most importantly lack of ADA compliant access, substandard wiring, and poor HVAC. Since the building is not in City ownership, extensive repairs and remodeling would not be an effective use of public dollars, and this location is considered only temporary, until a more satisfactory space solution becomes apparent. Community Development remains in the cramped quarters of the first floor of City Hall. Options are being considered to more efficiently use the existing space, such as modular office furniture and different file storage systems. Storage remains the major long-term hurdle. Recently, however, the Engineering Division made a storage vault available which will temporarily relieve the storage problem. In addition, due to some minor remodeling upstairs, the Conservation Manager (Dick Wanderscheid) will move upstairs, thereby providing additional relief to crowed workspace conditions. Finance remains split between the two floors, with Utilities on the first floor in a remodeled space, and Accounting upstairs. Administration is located upstairs, accommodating the City Administrator/Secretary, City 1 Attorney/Secretary and Assistant City Administrator/Secretary. It is assumed that the Department of Community Development, Finance, and Administration will remain in the downtown area, but that the Public Works /Engineering Department now in the Wong Building may move based on space availability. INCREMENTAL EXPANSION OF EXISTING CITY HALL This option involves relatively small expansions to the existing City Hall, both on the second floor. The third floor expansion option was not fully explored due to the anticipated high costs, and the long term relocation of the entire office staff currently housed in City Hall during construction. Concerns were also expressed about the impact on the historic integrity of the existing two story building. The second floor expansions include an addition to the south end of the building, adjacent to the alley. This space area would be adjacent to the current Finance Department. Construction of this area has been approved and will add approximately 696 sq. ft. of area to the building. This area will be used by the Finance Department. The other area for addition would be the area between the OSF/Ashland Bakery building and the second floor of City Hall. This area currently accommodates the HVAC equipment. Construction of an addition in this area would add approximately 434 sq. ft. to the building. This area would be used as an additional office and conference room. A common elevator project between the OSF/Ashland Bakery building and City Hall has also been approved by the Council which will meet ADA access requirements. The estimates for the additions of these two areas total approximately $169,500, .excluding the costs for the elevator. These costs include seismic upgrading of the areas affected by the new expansions. These costs are at approximately $150 per sq. ft. Positives: These expansions would meet all current and future space needs for the Finance Department. If the City Recorder were moved from the downstairs office to one of these new offices, additional space would be made available to Community Development downstairs. Without the Recorder move, the space would likely serve as a conference room. Seismic improvements will occur to the building, as well as elevator access. 2 L Negatives: Without the move of the City Recorder, no additional space is provided for Community Development. Also, no replacement space is provided for Public Works, leaving them in the Wong Building. This building does not have an elevator ensuring ADA compliance. Summary: Space Added -- 1130 sq. ft. Total Cost - $169,500 Cost Sq.Ft. - $150 HILLAH TEMPLE: Previous conversations with the Hillah Temple have indicated a willingness to discuss and consider offers. It appears that their prime concern is obtaining enough money in a sale to build a replacement hall, preferably in the Medford area. Purchase: It is estimated at this time that a replacement hall in Medford would cost approximately $500,000 to $600,000 to construct, including land acquisition. Whether this matches the true value of the existing building (based upon an appraisal) remains to be seen. But for this exercise, these numbers provide a cautious basis for comparison. Remodel: The City hired Miller Consulting Engineers of Portland, OR to conduct a study regarding the costs of bringing the Hillah Temple up to current seismic and structural standards. Their report is attached. In summary, they found some existing problems with the building, and estimate the cost to bring it up to code to be approximately $111,000. This only addresses the issues relating to structural and seismic. Other issues, such as making the existing space habitable for offices, were addressed by Tom Giesen Consultants of Eugene, OR. Mr. Giesen found that the costs to upgrade the building to allow for office use (fire. sprinklers, improved HVAC, flooring, etc...) to be approximately $343,000. The total estimate for purchasing the structure, and getting it in shape for office occupancy would be approximately $954,000 to $1,054,000. This would essentially be an interior remodel with structural improvements. The exterior of the building would remain basically as it exists. No costs for landscaping improvements are included as part of this estimate. These costs total approximately $147-$162 per square foot. Positives: Provides approximately 6500 sq. ft. of additional office space in the downtown area, very near the existing City Hall. This would address the concerns of moving Community Development out of the downtown area. It is most likely that some or all of Public Works would be relocated to this 3 Hillah Temple to better utilize the space. Preserves the Hillah Temple as a downtown structure for public use. This could be an important building in the future as the acquisition of downtown buildings and properties becomes more difficult. Negatives: Aesthetically, this building is not the most attractive. Additional monies would need to be spent for a cosmetic upgrade. Limited space (6500 sq. ft.) may not be enough to adequately handle Community Development and Public Works, given the expanding needs of both departments. After further study, it may be more appropriate to demolish the building and replace it with a structure more fitting for municipal use, both in floor plan and in appearance towards the community. Summary: Space Added 6500 sq. ft. Total Cost -- $954,000 to $1,054,000 Cost Sq.Ft. - $147 - $162 DOWNSIZED CIVIC CENTER EXPANSION: This plan involves reducing the size of the building previously proposed for behind the current Council Chambers. The building would be sized only for Public Works, with the possibility of the Fire Department administrative staff and Computer Services occupying a much smaller area than previously designed for Community Development. This building was previously estimated at $752,000 for the full size. It is proposed that the building could be reduced by approximately 25%, resulting in a building of approximately 6800 sq. ft. The estimated cost would be approximately $564,000, with an additional $30,000 for site work that would likely be carried out by City crews, and approximately $10,000 for landscaping that would also be installed by City crews. The total cost is estimated at $604,000. These costs are at approximately $89 per square foot. Positives: Provides new working space specifically designed for the occupants -- Public Works/Engineering, Fire, and Computer Services. Ample parking. Consolidates all of Public Works offices at the Civic Center site (Public Works, Engineering, Water Quality, & Streets). Addresses_additional space needs (Fire and Computer Services) not considered in other options. Negatives: Doesn't address needs of Community Development. Further, may conflict with some philosophical concerns about building additional city 4 office space outside of the downtown core. Summary: Space Added -- 6800 sq. ft. Total Cost -- $604,000 Cost Sq.Ft. -- $89 DO NOTHING/NO EXPANSIONS OR NEW BUILDINGS: If we continue with just the current space we have available, we will be able to operate for only a limited time in the future. We are currently exploring ways of maximizing every available square foot by looking at new modular office furniture that may more efficiently use existing space. With the moving of the Public Works Staff (Director, Administrative Asst., and Secretary) to the Wong Building, some additional space has been made available on the second floor. This is presently being remodeled with the Assistant City Administrator occupying the old office of the Public Works Director, and the old storage room has been remodeled into an office for the City Attorney's secretary. One office space has been made available on the second floor. Accounting remains in their current configuration. On the first floor, Utilities remains in their current configuration. Community Development remains tight, with some temporary employees and interns "floating" between offices while people are out, on vacation, or at lunch. Some minimal improvements are being proposed in the near future to allow for additional file storage, our biggest problem at the moment. Positives: Cheap Negatives: Doesn't address any of the problems of space needs, ADA accessibility, efficiency, conference room, employee morale, etc... Summary: Space Added -- 0 sq. ft. Total Cost -- $ to be determined with furniture options Cost Sq.Ft. -- $0 RECOMMENDATION: It appears to be a wise move to expand the current City Hall with the small second floor additions, but this only adds approximately 1130 sq. ft. Should the City Recorder move upstairs into the new space, then some additional downstairs space will be available for Community Development. But should that not happen, then this option provides space, but none of it specifically designed for Community 5 Development or Public Works, the two departments with the most difficult space problems. A conference room would be of benefit, and so would additional office space for Finance. And given that the elevator is proceeding, the addition proposed for the rear of the building above the jail seems very appropriate. From there, the most cost effective solution involves the Downsized Civic Center option. At approximately $89 per square foot, it provides the most economical space, while best meeting the needs of the Public Works Department. It also addresses the ADA problems currently plaguing the Public Works Department in the Wong Building. This option also has special appeal in meeting the needs of two departments that have been generally overlooked in the space needs debate -- Fire Administration and Computer Services. The Hillah Temple provides an option for the acquisition of additional office space in the downtown area, but at a very high cost. It would seem appropriate for the City to own such a centrally located building, given its relationship to the downtown and Lithia Park. At the current time, however, the acquisition costs are an unknown and the remodelling options are expensive. While the building does have its down sides, it would allow for the department to remain under the same roof, while maintaining a presence in the downtown area. Therefore, I believe that the best solution would be to continue with the incremental expansions of the current City Hall, but move the City Recorder upstairs into the newly created space. This would free up some additional space downstairs for Community Development that is not presently available. From there, the most cost effective new space solution would be to have the downsized building constructed at the Civic Center to accommodate Public Works, consolidating their departments while getting away from the ADA problems currently found in the Wong Building. This would also help Fire and Computer Services. The total costs for this option would be $773,500. And the City should keep its eye on the Hillah Temple. It is a tremendous resource to the downtown, primarily because of its location. Should an opportunity arise to acquire it, we should seriously consider the options, perhaps even adopting some type of long term financing plan for its acquisition. 6 � I May 22, 1995 SOUTHERN OREGON APPRAISAL SERVICES A Mr. Brian L. Almquist, City Administrator City of Ashland City Hall 20 East Main Street Ashland, Oregon 97520 Dear Mr. Almquist: Per your request, I have completed a narrative appraisal to determine the market value of the commercial building commonly referred to as 51 Winburn Way,the Hillah Temple, in Ashland, Oregon. The purpose of the report is to determine the fee simple market value of the subject as of May 15, 1995, the last date of inspection. Briefly described, the subject property is a commercial building built in approximately 1964. According to plans provided by Hunter and Schute, Architects in Medford, the building was remodeled in 1982. The building has a total gross building area of 6,480_ square feet with additional mezzanine storage above several portions of the building. The.mezzanine storage does not currently have adequate height clearance to be used as a second floor: The building is located on a 17,142 square foot site that is currently zoned R-1-7.5. This is a residential zoning within the city. The subject has historically been used as a meeting hall and office space for the Shriners, a fraternal organization. This use is a conditional use within the R-1-7.5 zoning code. It is important to note, that there are no residential uses located on Winburn Way. To the south of the subject property are retail buildings, and north of the subject property are additional commercial buildings, the City of Ashland Community Center, and Lithia Park. This section of Winburn Way has historically not been used for residential housing. The conclusion of this appraisal, is that the highest and best use of the subject property is to convert the existing building to retail or office space. This conclusion was reached after a meeting with the City Planning Director, John McLaughlin. This is more fully discussed in the Highest and Best Use section of this report. As part of the preparation of this report, I was provided with an Engineering Report from Miller Consultant Engineers of Portland, Oregon. Their report concluded that for the city to use the Hillah Temple for a municipal structure, would require approximately $111,000 of structural improvements to meet current seismic standards. After speaking with Mr. Dan McCleary, from the City of Ashland Building Department, and reviewing the Uniform Building Code with the State of Oregon, it appears that minor interior modifications to convert the existing building to retail or office space would not require that the building meet current earthquake standards. Mr. McCleary stated that only major structural changes in a commercial building would require compliance with current seismic code. This report has been prepared under the assumption that minor interior partitioning could be completed at the subject property to convert the existing concrete block shell into either retail or office space. This conclusion was reached based on the best information available. I have consulted with city officials who I believe to be knowledgeable and well informed. However, I reserve the right to change the opinions, analysis, and conclusions in this report if it is discovered that the building would require seismic compliance for minor interior modifications. . 120 North Second Street Ashland.Oregon 97520 51 Winburn Way, Ashland, Oregon Page 2 Finally, the Engineering Report also details that there has been severe water leakage through the west wall of the building. The report also notes that "The mechanical roof penetrations have been leaking for a long period of time and the damage to the roof framing and trusses could not be observed due to the area being sealed." The value stated in this report specifically assumes the repair of any current water damage to the existing masonry structure, or the roof framing. The following narrative describes the appraisal methods used, contains relevant data gathered during my investigation of the property and the marketing area, and includes an analysis and summary of the findings. This report has been prepared in conformance with the Uniform Standards of Professional Appraisal Practice as established by the Appraisal Foundation, as well as the Standards of the Appraisal Institute. It is my conclusion that the estimated fee simple market value of the subject property as of May 15, 1995 was: $445,000 ndred Forty Five Thousand Dollars) Respectfully Sub itted, Evan Archerd, MAI THE CITY OF ASHLAND AD HOC SPACE NEEDS STUDY COMMITTEE REPORT TO THE CITY COUNCIL April 13, 1994 The City of Ashland Ad Hoc Space Needs Study Committee has concluded that additional space in needed for certain downtown offices for the following reasons: 1. The Department of Community Development is currently working in overcrowded conditions in a substandard building. 2 The Engineering Department is currently housed in a rented space that is inadequate for ies needs. Additionally: A) The historic location of City Hall functions are on the plaza B) In our comprehensive plan we repeatedly emphasize the need to make the urban core of downtown more dense. In our transportation goals we are attempting to develop modal equity. The only way to reinforce this is to keep city services in the urban center. C) Establish an increased visibility in our civic buildings. We want our architecture to reflect our civic commitment D) Public officials must be accountable to the public. It is symbolic to remove the public governing body to a remote location outside of the urban core. We want to increase the visibility of our government. Given these conclusions,this committee makes the following recommendations to the City Council: 1.All fiords currently earmarked for the construction of the proposed city building at the East Main Civic Center be earmarked for a fiord to acquire,maximize and improve space for city offices in the downtown core as defined in the Downtown Plan. 2 That the City ofAshland commit to the acquisition of the Hillah Temple as soon as possible. 3.That the City of Ashland commit to the rehabilitation of the existing City Hall building as soon as possible.This rehabilitation to include as a minimmn, complete compliance'with all current applicable codes ordinances and energy conservation standards. 4.In the event the acquisition of the Hillah Temple is delayed, the rehabilitation of the existing City Hall building may include the addition of a third floor and expansion of the second floor to accommodate all current downtown city employees with the possible exception of the Department ofPublic Works Administration. 5. That the City of Ashland hire an engineer as outlined by OAR 137-35-000 through 137-35-080,Model Rules for Public Contracting Agency Screening and Selection of Persons to Perform Architectural and Engineering Personal Services Contracts,for the purpose of evaluating the existing City Hall building and making recommendations regarding cost and methods to accomplish recommendations 3. and 4. above. 6. The city council shall hold a special public hearing devoted solely to this issue. THE CITY OF ASHLAND AD HOC SPACE NEEDS STUDY COMMITTEE MINORITY REPORT. TO THE CITY COUNCIL April 17 , 1994 While we concur with the majority in that the need for additional space for city offices is acute, the minority feel that the report to the City Council is flawed in several key areas : 1 ) By rejecting all of the proposals that would have included a new building on East Main, the committee has sacrificed the benefits and efficiencies inherent in new construction . The estimated cost of the aquis- ition and remodeling of the Hi.11ah Temple building would exceed $150 per sq. ft . By contrast, a new building on East Main could have been built for around $82 per sq . ft . , with the additional advantage of 'being able to design exactly the kind of space needed for maximum efficiency . 2) The need for additional space for the Department of Community Development is immediate . Because the majority report recommendations could not possibly be im- plemented with the $800 ,000 currently available, Commun- ity Development will continue to suffer until a way is found to raise additional monies . Unfortunately, no temp- orary solution to this departments space dilemma Has considered or recommended . 3 ) The committee never seriously faced the issue o` cost . The majority recommendation would require the expenditure of more than double the $800,000 available for this project . The report contains no hint as to how this rather sizable obstacle is to be overcome, but does suggest that its recommendations be carried out "as soon as possible" . Considering the current post-ballot- measure-5 political climate , this "as soon as possib-e may become a very long time . 4 The committee never came to a- on how o,. much.. additional space the city really needs . ce;a eed study suggests that an additional 10 ,000 sq . is needed while some on the committee feel that 6000 se .ft . :could suffice . This question should have been settled before anv recommendations were made to the Council . S) The minority concurs with the committee recommend- ations that the city engage an engineer to determine what needs to be done to bring the existing City Hall to current A. D.A . and seismic standards . Further , the minority suggests that the Council consider placing the various options on a ballot and submitting them for voter scrutiny. It is our opinion that the committee ' s view in regard to an expenditure far in excess of the budgeted amount , is at variance with the feelings of the community . Michael Bingham Greg Williams 1 P Of"If. Memorandum O*EGO, April 8, 1994 V10: City Hall Space Needs Committee ram: Brian Almquist, Steven Hall, John McLaughlin � . ,*ubjett: Suggested Alternative for Meeting Space Needs h' We have given careful consideration to the concerns of the Committee and would like to suggest an alternative that we believe meets many of the Committee's, and our, concerns. It is very clear that a majority of the Committee feels strongly the need to preserve a major City presence in the Downtown as a sign of commitment to the City's visibility and accessibility. Maintaining certain functions in City Hall will provide the commitment of the City policy makers to be in regular interaction with downtown problems and concerns. We understand that the Committee feels particularly strongly that the Mayor, City Administrator and Community Development officials should be a major player in the interaction with the Downtown. The Committee also wishes to keep City Hall as a centerpiece for the Plaza and Downtown. This commitment will require City Hall to meet American Disability Act, and current earthquake, standards. We want to honor these concerns as fully as possible. We also have concerns that we would like to see interwoven into any plan proposed to the City Council. Perhaps foremost in our minds is the desire to solve our space problems expeditiously. Our staffs need to know what is going to happen to them and we need more space very soon to provide for additional staff in Planning, Conservation and Finance. Uncluttenng all of Planning and getting Engineering into safer and more aocessrble space is not something we want to see delayed while a long debate,takes place over alternatives. We wont'that if the Committee chooses an altemative that cannot be funded with existing resources, the necessary community support might not exist and the whole problem could be prolonged indefinitely. We desie to maintain the working relationships between various administrative units in the most efficient manner possible and are concerned that the Committee is considering alternatives contrary to our best judgement as your professional administrators. We realize that we all have biases and the solution we are proposing is a compromise that none of us will consider perfect. Another staff concern is how any plan we pursue dj."ts the normal activities of City government and how long that disruption extends. F There are three other areas needing additional space. The recently completed Fire Department facility plan indicates the two existing Fire Stations are ideally located but the space is inadequate. The Computer Division occupies the Judges office at the Council Chamber Building. The staff for Fire Department Administration and Computer Services totals 5. An additional person will be added to the Computer Division in fiscal year 1994- 1995 bringing the total to 6. i F Our proposal will accomplish the following Committee and staff goals: * Keep most of Community Development in City Hall permanently. * Unite the entire Public Works Department in one location. * Provide adequate space for Fire Administration, Energy, Computer Services and the Municipal Court. * Bring City Hall up to ADA standards and make significant strides towards making City Hall earthquake-proof. * Stay within the existing budget. * Allow rapid implementation. * Cause minimal disruption of City services while it is carried out. Our proposal includes the following elements: * Rebuild the rear portion of City Hall and add a second floor providing an additional 330 square feet of floor space. * Extend the rebuilt portion to the east (ABC Cafe) adding two floors, an additional 540 square feet. The elevator would possibly be within this addition. * Bring City Hall up to ADA standards. * Begin provisions for meeting earthquake standards. * Move the Conservation Department to Winbum Hall south meeting room and adjacent office (now used for storage) providing about 700 square feet of space compared to approximately 340 square feet utilized at City Hall. * Construction of a down scaled building at East Main Street to house Public Works, Engineering, Fire Administration and Computer Services. The proposed building will be reduced by approximately 2000 square feet. * Additional savings could be realized by reversing the building from east to west and allowing the future expansion to the east (towards Mountain Avenue). This would delay the need to move an existing storm drain and sanitary sewer until a future phase is needed. The proposal would also allow a "green space" for the offices on the west side of the building. This proposal will maintain Planning and Building in City Hall with increased space. It unites all of Public Works at the Civic Center and relieves the crowding in Planning, Building, Finance, Fire Administration, Computer Services and Municipal Court. Substantial improvements will be made towards conformance with earthquake standards and adds space for conference rooms in City Hall. Engineering will$efnoved out of its non-handicapped-accessible firetrap. Safe storage will be provided for valuable engineering tpcords and drawings. The proposal also brings Fire Administration and the Police Department in close proximity to each other and the Emergency Operation Center in the Council Chambers. The project can be done within the existing budget. There are disadvantages, but we think they are far outweighed by the positive aspects. One disadvantage is increasing the distance between Community Development and Engineering. The main time these departments get together is during planning action staff reviews and preapplication conferences. Adequate meeting space will be provided at City Hall for these important meetings. A second disadvantage is the separation of Conservation from the rest of Community Development. Admittedly, this will cause some minor inconveniences, but we think they can be overcome without a serious loss of efficiency. We recognize that Bonneville Power Administration financing of our conservation,program is in serious jeopardy and there is a strong possibility that our program will be cut back drastically in the near future. Because of this uncertainty, it seems best for this unit to be separated from its home department if any unit must be split apart. Lastly, we realize that phasing in the meeting of earthquake standards may cost more in the long run than by doing it all at once. We believe that the extra cost is outweighed by being able to get the major portion of this proposal achieved within the existing budget and by minimizing the disruption of City services during implementation. The future of the Hillah Temple is not addressed by this proposal. We also prefer to see that building under City control. We are requesting the Committee to recommend to the City Council a separate effort to deal with the Hillah Temple acquisition in the near future. We sincerely appreciate the many hours that all Committee members have devoted to this project and Ron's great coffee and rolls! Brian and Steve (Mac was quieter) would like to apologize if we have seemed a wee bit. "testy" at times. We want you to know that this does not reflect negatively on our appreciation for your efforts and ideas. We think the Committee has helped bring all of us closer to a solution that will be acceptable to all interested parties. We hope that you will seriously consider our proposal as a way to bring about a consensus that will work for all of us. Attached is an analysis of this proposal for your reference. If the figures aren't exact or conform totally with this memorandum, please accept our apologies. Short time frames sometimes cause this to happen. Enc: Plan-East Main Building Plan-Revised East Main Building Cost/Space Analysis a � F ` CITY OF ASHLAND SPACE NEEDS ANALYSIS 04/08/94 G. M. Hall BUILDING/ ACTIVITY ORIGINAL AREA VALUE DEPARTMENT AREA CHANGE City Hall Existing City Hall 7300 0 $o City Hall Expansion 0 70o $71, 000 City Hall Elevator 0 -200 $80, 000 Energy Move to Community Center 0 700 Energy Area Opened at City Hall 0 340 E Main Bldg Original 9100 o $752, 000 E Main Bldg Reduction in Floor Area 0 -2000 ($166,000) Engineering Existing Rental 0 -1800 * PW Admin Area Opened at City Hall 0 7-50 $0 ----------------------------------------------------------------------- SUBTOTAL . 16400 -1910 $737, 000.0() _______________________________________________________________________ Relocate Generator $5,000 Architect/Engineer Fees $30, 00o Contingencies $58, 0()0 TOTAL ESTIMATED COSTS $830, 000 ---------------------------------------------- --------------------- FUNDS AVAILABLE Capital Improvement $75(), 000 CDBG Rehab Loan Repaym' is s90, 000 ------------------------------------------------------------------------- TOTAL FUNDS AVAILABLE $870, 000 ` ----------------------------`-----^------------------------------------ BALANCE OF FUNDS $0 ======================================================================= � Value of Engineering space @ rental of $1200/mrnth, 20 yjars and 5% inflation is $496, 500^ ~ � � � -41:17 6 ,T IN 5 0 1 + -C'-) lo 0 i6 (F) o REVISED FLOOR PLAN 7100 SQUARE FEET PROPOSAL To REVERSE PLAN FROM EAST TO WEST N- :: FIRST FLOOR CITY OF ASHLA V: PLAN/ DOOR/ PUBUC WORKS OFFICES WINDOW SCH EASrMAIWSTREET :AFMAWUST Is 16.3 01 OR1C3t1VAL FLOOR PLAN 9100 SQUARE FEET B1 q' tC If +;. ane�✓ 'a'..e4k, �.b� le 4A'l".SyMy 'N°eji+lg,F: . I I YIN 410 -�- J . ,J , c r- Jul lk I rl I O_ ° . � w i a u ' A _ JJ Y I I - _ h >IQ crarnr ra—i _ u'y ,O . I 6 N _ 6Y • I L I -- �� 9Q ® ° " b 5e I �, � OV I FIRST FLOOR C` CITY:OF.ASHLAN;D PLAN/ DOOR/ j PLANNING/:PUBLIC WORKS OFFICES WINDOW SCH ;�`"'.,/ j•"�% EASrlf STREET e°Sr 11 11v 'q 'ASHLAND,OREGON. : 97520 '. qJi 11y 0' n. O Off . .i el p r _- p IIY El r• 1 i V T h� :d oD•.zz I j ' .. 1 I o x n J gkl7c - • li --'I IIv �I 0 �1 1 Y Y a ` L 1•t�ll.��.:i6 f m I � i L iG'�e• /l I 8 a` ! 9 . j lO II`r ' i Ytc H 4GS H _ M '.���r-LC'+. ":•r'---moral :,.G.��v� �-.•ss �c'_ �_ R�oyil .:�.ct,,..... .'.\`ol pG - Lol•,PL—* ,y¢I •b �o,r}. REVISED FLOOR PLAN 7100 SQUARE FEET PROPOSAL TO REVERSE PLAN FROM EAST TO WEST FIRST FLOOR 01 ,. CITY'OF.ASHLANU: PLAN/DOOR/ - PUBLIC WORKS OFFICES WINDOW SCH EL$rMAW'BTAEET 20 Au UsT a nn - OREGON: 97 6 ,� OB1 PVAL FLOOR PLAN 9100 SQUARE FEET a'CI 9' 12'-0I 2 '2101 20 10 -j' a (i d1. ft - T " T - — r 0 4wi ' g. u per• -.c¢Cl-, l ' I r.,ver uo,l _ No" a 1 I u I 1 O - i I I nl • O U '4 .. I r _ `'-�' S w. 1; n 1 U tl k ... ... 4 .kL9 - ♦� : i'1.---� n u o I ,I L• � 1. � .. a '0 �Y 0 N I �w ILe• 2o'-s A' I 16'-OV' I 1 .. o_ w. • i4 V m I - I 2 0 _ ________ _________ el ----_Qa S s I III Ido'___ 'O a]y 2.24!__-1 12'-�a4•_ X2'.1 b' lo.ak' I 12,0, ate:;. 1 . FIRST FLOOR C<. CRY'OF ASHLAND PLAN/ DOOR/ / .y'` PLANNING/PUBLIC WORKS OFFICES WINDOW SCH ;F""/1f EASrRrAWSTREET nucuS) 11 less i 'ASHLAND.OREGON. 0]320 '. Civic Center Decision Process February, 1978 Public Hearing before Planning Commission for adoption of Comprehensive Plan. Designates East Main site for "P-F" (Public Facilities). March, 1978 City Administrator requests Council permission to negotiate with County for purchase of Lithia Mill site. April 18, 1978 Public Hearing before City Council for adoption of Comprehensive Plan. Plan adopted. Designates East Main site for "P-F" (Public Facilities). (Note: Comprehensive Plan also includes on page 58 a policy to "Encourage early planning and acquisition of sites for needed public facilities...") June 6, 1978 Council votes 5:1 to purchase 8.2 acres at East Main site from Jackson County for future Civic Center site. April-June, 1980 Budget Committee and City Council approve budget, funding first phase of Civic Center to relocate Police, Court and Council Chambers (2 Public Hearings) April, 1981 Council approves first C.I.P. for Fiscal Years 1981-82 through 1985-86 which includes Municipal Office Building and Warehouse/Shoo building at East Main Civic Center site. April-June, 1982 Budget Committee and City Council approve budget, funding second phase of Civic Center to construct City Warehouse and Shop buildings (2 Public Hearings). (r.Ncww IIIdg.d«)l November 2, 1982 Public Hearing. City Council adopts revised Comprehensive Plan again designating the Civic Center site as "Public Facilities". (Note: The revised plan readopts the language to "Encourage early planning and acquisition of sites needed for public facilities...," and to "Use the Capital Improvement Plan to ensure that long- term public facilities planning be as cost-effective as possible."). April-June, 1983 Budget Committee and City Council approve budget, funding covered storape/crane building at East Main Civic Center site (2 Public Hearings l. April, 1986 Council approves second C.I.P. for fiscal years 1986-87 through 1990-91, which again includes the Municipal Office Building at the East Main Civic Center site. Early 1986- February, 1988 Downtown Plan Advisory Committee drafts plan for consideration by the Planning Commission. April 8, 1988 Public Hearing. Planning Commission adopts Downtown Plan as an element of the Comprehensive Plan, which includes the following language: "Finally, the city should officially state that the old City Hall building will remain a public presence for the foreseeable f Lure.. While as the city grows some,/unctions will have to be relocated, the continued presence of the municipal government ties it to the downtown, and there/ore the people. 77ne presence (?f the City Hall downtown provides several important enhancements to the downtown: it shows the commianenr to the dovntovn to work together on its (r.Ntwllldg.da9 problems, reinforces the downtown as the city's center, provides ready access to the government by the people, and continues a tradition begun by the first settlers. " July 19, 1988 Public Hearing. City Council adopts the Downtown Plan as recommended by the Planning Commission with no changes to City Hall language, as above. Official policy of the City is that City Hall will remain downtown. March 13, 1992 City Council Goal-setting Session. Goal 3 as adopted was to "Review and prioritize the updated C.I.P.; and Goal 6 "Complete a Space Needs Assessment for City offices and implement a strategy to satisfy those needs." March-June, 1992 Budget Committee and Council consider budget at 2 Public Hearines. Budget message specifically refers to space needs assessment and funds for construction of office addition at East Main site. Capital Improvement Fund narrative also highlights this project., June, 1992 Contract signed with Gary Afseth, A.I.A., architect for Space Needs Assessment and staff committee appointed to work with Afseth on assessment. June- December, 1992 Staff committee and architect meet regularly to refine space needs by position and to project needs for next 10 years. Early January, 1993 Space Needs Assessment completed by architect Gary Afseth and delivered to City. Recommends that Planning and Engineering be relocated to Civic Center and that all other staff functions remain at old City Hall due to need for 17,000 square feet (City Center will only accommodate 10,000 square feet. January 19, 1993 Commissioner Brent Thompson, writing an editorial in the Daily Tidings, argues for keeping City Hall downtown. (Note: The article does not make it clear that only Planning and Engineering Departments are moving.) January 22, 1993 Capital Improvement Plan transmitted to City Council. Includes letter of transmittal from City Administrator outlining decision to move Planning and Engineering. Project detailed on page 58. February 12, 1993 Copies of Space Needs Assessment delivered to Council members at goal-setting session at SOSC. March 11, 1993 Joint Study Session with Planning Commission to review the C.I.P. (Commissioner Thompson did not attend). April 8, 1993 City Administrator presents 1993-94 Budget to Citizens Budget Committee and Council. Budget message includes reference to office addition at East Main Civic Center site. Page 64 in the Capital Improvements Funds makes specific reference to move of Community Development and Public Works Administration to Civic Center. April 19, 1993 Contract signed with Gary Afseth, A.I.A., architect for working drawings, specifications, and construction supervision. January-June, 1993 Several letters to the Editor in the Tidings by Jack Nicholson, Brent Thompson and others regarding proposed building. April 29, 1993 Citizens Budget Committee and Council hold first Public Hearing on the budget, approve budget and transmit budget to City Council. June 15, 1993 City Council holds second Public Hearing on the budget and adopts budget. June 28, 1993 Commissioner Brent Thompson voices opposition to Daily Tidings who carries front page story on the project together with City Administrator's (r:Ncw171d�.du)4 comments. July 5, 1993 Commissioner Thompson informs City Administrator by letter that he intends on opposing moving any functions that are currently in City Hall. July 14, 1993 Thompson writes letter to Mayor and Council asking that the plan to move any functions be abandoned and that the staff be directed to find additional space in the downtown core. July 26, 1993 Thompson writes second "Guest Editorial" arguing that Phase 2 will involve removing the remaining functions to the Civic Center (in spite of the language to the contrary adopted by the Council in the Downtown Plan). August 1993 Guest editorials by Councilors Laws and Acklin regarding rationale of project. August 30, 1993 Contract signed with Galbraith and Associates for landscape plan for proposed building at Civic Center. September 1993 Guest editorial by Mayor in opposition to project. October 12, 1993 Planning Commission considers site review for proposed building addition at Civic Center site and approves by a vote of 7-0. October 19, 1993 City Council appeals decision to itself in order to again review any concerns or misinformation on the process or the earlier decision. A public hearing is scheduled for November 16, 1993. (c NrwBldg..L�-1? ASHLAND PLANNING COMMISSION REGULAR MEETING JUNE 11, 1996 MINUTES CALL TO ORDER The meeting was called to order by Vice Chair Steve Armitage at 7:05 p.m.. Other Commissioners present were Gardiner, Hearn, Bass, Carr, Giordano and Finkle. Staff present were McLaughlin, Molnar, Knox, and Yates. APPROVAL OF MINUTES AND FINDINGS The Minutes of the May 14, 1996 meeting were approved. Finkle amended the Findings for PA96-047 (Archerd) under Condition 8. It should be "trees" (plural) not "tree". Finkle amended the Findings for PA96-068 (Welles) under Condition 2. The wording should reflect some alternative methods of cut banks and fill slopes. Molnar said he would amend to read: "That alternative methods for the treatment of cut banks and fill slopes be reviewed by the Engineering Division and approved by the Staff Advisor. Methods to be considered include: (use wording from Condition 2)". Also, Condition 4, change "(under approval of the Planning Director)" should be changed to (at the discretion of the Planning Director)". Carr moved to approve the Findings as amended. The motion was seconded the Findings were approved. PUBLIC FORUM No one came forth to speak. TYPE II PUBLIC HEARING PLANNING ACTION 96-080 REQUEST FOR MODIFICATION OF A CONDITION OF APPROVAL FOR THE PREVIOUSLY APPROVED 26-LOT AUDUBON SUBDIVISION (PA94-022) OFF ORANGE AVENUE. MODIFICATION WOULD ALLOW FOR HOME CONSTRUCTION ON SIX OF EIGHT LOTS IN PHASE III PRIOR TO ORANGE STREET BEING PAVED APPLICANT: DARYL BONIN - Site Visits and Ex Parte Contact Finkle and Giordano had site visits in the past. Carr drove by. Hearn had a conflict of interest with the applicant and stepped down. Gardiner and Armitage had site visits. STAFF REPORT As part of the Final Plan application, the subdivision was to be built in three phases. The modification is dealing with Phase III. A Condition was placed that prior to allowing development on Phase III that either a half street improvement be constructed along Orange or that a local improvement district (LID) be formed for the improvement of Orange. In reviewing the Minutes, there was concern about additional dust and traffic being generated before a suitable surface was applied to Orange Avenue, therefore it was required that Parkside be barricaded, not allowing access onto Orange until it was paved. The final two phases of the subdivision were surveyed and platted at the same time and unfortunately, due to an error on the part of the Planning staff, the survey was signed and approved without compliance with the Condition to do the half street improvement or form a LID. It was only after it was brought to Staff's attention by a neighbor who noticed construction in Phase III that the applicant was notified by letter (May 14, 1996) that some permits were issued in error because of non-compliance with the Conditions. The same letter stated the City would allow construction to proceed on lots 19, 20 and 21 but no further permits would be issued for the remaining five properties. Bonin requested, since not all the lots are still under his ownership that the Condition still apply to the three lots along Orange Avenue, two of which are undeveloped (25 and 26) and one which has an existing residence (Lot 24) on it. He requests continuation of development of the remaining five lots that access onto Parkside Drive. Bonin stated there has been a delay in the formation of the LID and it was assumed by this time the improvement would have been done or the formation of the LID would have been formed. There was a meeting held by the Engineering Division a couple of weeks ago with the neighbors to discuss some preliminary design work for the improvement of Orange Avenue. The earliest that improvement would take place would be the spring of 1997. Since some of the delay was caused by the City, Staff has recommended approval of the request but apply the Condition to the three lots along Orange Avenue that no building permits be issued and that the permanent barrier remain in place until that improvement is constructed. ASHLAND PLANNING COMMISSION 2 REGULAR MEETING JUNE 11,1996 MINUTES Armitage asked which properties would share in the cost of the LID. Molnar said the signing in favor has been recorded on lots 24, 25, and 26. McLaughlin said a semi-permanent barrier is needed rather than boulders. Armitage thought something should be done immediately 'If fire access is an issue. PUBLIC HEARING CARLYLYE STOUT, 215 Laurel Street, Medford, OR, is representing the applicant. He asked that the interior lots be released so building permits can be issued. He is in agreement that an adequate barricade be erected. All access would be by way of Parkside, not Orange Avenue. The developer sent Phases II and III to the City for approval and at the time Phase I was signed, 60 percent of the property owners had signed in favor of the LID. The survey was returned as approved and the applicant assumed everything was agreeable to the City and the applicant thought the LID was in the process of being formed and so he began building. Everyone was proceeding in good faith and an honest mistake happened. As Staff indicated, the Condition fell through the cracks. The applicant is asking for three lots to be released because building permits have been issued on the other ones. When Staff s letter of May 14th was sent, it caused the realtors to stop selling lots. Potential sales have been lost. The remaining lots on Orange Avenue will not be built on until it is paved. Stout met with the applicant, the City Attorney, the Planning Director, the City Engineer, and with some realtors involved to work out a solution and the modification being requested tonight was the ideal compromise. Bass asked Stout if any of the concerned neighbors were included in the meeting. Stout said they were not. McLaughlin said the half-street improvement or LID formation Condition was placed as a way to guarantee to both the City and the developer that there is a way to develop his property and before putting additional traffic on a street, that there are minimal improvements. The unnumbered lot on the map is lot 18. STEVE ASHER, Asher Homes, 1060 Elkader, currently has nine houses under construction. Lot 21, people will be moving in two weeks, lot 22 will be completed in ASHLAND PLANNING COMMISSION 3 REGULAR MEETING JUNE 11, 1996 MINUTES four weeks, lot 23 has an interested buyer, lot 20 plans are ready and financing commitments at the bank, and lot 19 is under construction. Lot 18 will be an affordable home. Parkside is paved up to Orange Avenue. Asher favors the application. He does not see a reason to prevent construction on the interior lots that access Parkside and Eastbrook to Mountainview and Laurel. He would like to complete construction because it is good to finish and clean up during the summer months. He has no financial obligations on lots 25 and 26. JOHN SCHLEINING, Box 3216, Ashland, Asher's partner, said when they bought and optioned the lots, they bought in good faith and used credit lines to do financing. It was his understanding that the developer would sign in favor of street improvements . and that it was not his job to form the LID. He understands Bonin did everything he was supposed to do. He is assuming they have buildable lots. He would urge the Commission to correct the mistake. KEN WALLACE, 152 Orange Avenue gave his five minutes of testimony to Bob McCoy. BOB MCCOY, 160 Orange Avenue, said Stout is absolutely correct when stating that is it is left to the City Council to form the LID and to make the proper assessments. The neighbors met and it was finally decided to submit the proposal to both the Commission and Council. They are against changing the Condition as it now stands in the planning action. They are anxious to get Orange Avenue paved and the developer out of there too. If the Commissioners would refer to the Minutes, the residents thought Bonin stood to gain the most from this development and felt he should pay a larger share of the assessment. The neighbors are ready to form an LID but they will ask for Bonin.-to pay for a half-street improvement. McCoy urged the Commission to look at Bonin's past actions. Bonin was required to build a construction fence along the east side of the property and to date no fence has been built. McCoy has had to visit the Planning office on several occasions to keep a barricade in place on Parkside. McCoy submitted a photograph taken four days ago showing workers including Bonin making access off Orange Avenue to where Bonin is building. Trucks continue to go down Orange to make deliveries. There was an occasion that the developer had an open ditch that took some time to cover. Dust abatement measures were not used by Bonin. If the applicant's request is granted tonight, the Commission will lose the 'club" they have for Bonin to follow through with what has been required of him. The neighbors would shift their support to Bonin's application if he would sign their petition for an LID and work at getting the street paved as soon as possible. ASHLAND PLANNING COMMISSION 4 REGULAR MEETING JUNE 11,1996 MINUTES McLaughlin explained if there is 100 percent concurrence among all property owners to form the LID along with the assessment process, the LID can be formed without a public hearing. McCoy asked if he had spoken sufficiently to issues that would enable the group to appeal to the City Council. Armitage said he had stated his case clearly. KEN LARSON, 176 Orange Avenue, read comments that have been included in the record. He referred to the Minutes and Staff Report of the July 13, 1993 meeting, the August 10, 1993 meeting, and the February 8, 1994 meeting. Bonin has not done the half-street improvement. He is not in compliance on this date as no construction fence has ever been built. Larson also discussed a completion time line of the development and Bonin is building ahead of schedule. The boulders being used as a barrier are not doing any good because trucks can drive between the berms. This is not in keeping with the spirit and intent of the Conditions of approval. Larson feels if the Commission grants approval for the applicant's request they are exposing themselves to a liability. Bonin can sell the two lots and walk away. BERIT LARSON, 176 Orange Avenue, lives directly across from the development. When Bonin was granted approval for the subdivision, Larson recalled at the meeting Bonin being asked to encourage people 'not' to use Orange Avenue but to re-route the large trucks down paved streets. On several occasions Larson has come home and been unable to enter her own driveway because trucks were either delivering or parked in her driveway. Often the drivers were rude. It is obvious they are using Orange because of the pronounced ruts in the street. There have been times she has not used the end of the Laurel Street end of Orange because you cannot avoid the potholes. She understood Orange Avenue was to be paved prior to construction of Phase III. Bonin was well aware of that fact. By obtaining permits and commencing construction, Bonin was assuming responsibility for the half-street improvement because the LID has not yet been formed. PATRICIA DUNCAN, 490 Parkside Drive, said the Condition states the road will be done either a full street with an LID or half-street from Laurel to Helman. Bonin has made an effort but he has not honored his contract to her. By granting approval of this action, this will set a precedent for other contractors in the city. If the City could find any way to go ahead with the LID, that would be best, but if that cannot be done, honor the half-street. If this is not done, the Council can assess different people, not just those on Orange Avenue. She paid for her street and she does not want to pay for another street. It is not just the residents on Orange Avenue that are suffering from dust but those residents in Phase I and others in the area. There were so many ASHLAND PLANNING COMMISSION 5 REGULAR MEETING JUNE 11, 1996 MINUTES trucks and so much rudeness and it could be a safety issue because there is no other way out of the area. HELEN DEAN, 395 Heiman Street, supports what those in opposition are saying. TRACY MCCULLOUGH, 101 Orange Avenue, concurred with the neighbors in opposition and she has been witness to events they have described. The following were against the proposal but did not wish to give testimony. NANCY WOODWARD, 480 Parkside RICHARD KATZ, 125 Orange Avenue ELLIE REED, 398 North Laurel DIANE CHUNG, 191 Orange Avenue Staff Response Finkle said several Conditions have been brought up by the neighbors that appear not to have been complied with and he wondered if the enforcement broke down. McLaughlin said when the dust control broke down, the City visited the site and made him comply, but it is impossible to be at the site at all times. The same thing is true of vehicles driving across the property. It is a violation of the intent of the approval and the spirit of the prior meetings for the Bonin to not adhere to his Conditions of approval and those items continue to this day. However, the request is not one where past violations can be judged in a punitive manner. The applicant should speak to the fence problem. It should be made clear to Bonin that he must stop using Orange Avenue or a course of action will have to be taken to cite him. The Commission needs to look at the impacts of the applicant's request. As the neighbors said, these . items can be used as a "hammer" but the Planning Commission is not the enforcer. The applicant is not required to keep to the phasing except to not go beyond the time line.' Carr suggested rewording Condition 2: That a semi-permanent barricade be constructed and maintained at the south end of lots 23, 24, and 26 prohibiting vehicle access onto Orange Avenue until the street is paved. Rebuttal Stout emphasized said this meeting is to try and fix a mistake that was made. The developer believed he had approval. There appear to be some violations of ASHLAND PLANNING COMMISSION 6 REGULAR MEETING JUNE 11, 1996 MINUTES Conditions of approval. The barricade and other problems the neighbors have spoken about will be taken care of. Bonin said it is his construction truck that he is driving across the vacant lot on a path that does not lead into the subdivision. It is his property and he can drive across lt. He was not the one taking the barricade down. He has replaced it twice and finally put in the rocks. I Giordano wondered if Bonin would be willing to put up a barricade in front of the two vacant lots on Orange and across parkside that would allow for an emergency vehicle to,crash through. Stout said they would be willing to erect something approved by Public Works. Bonin said he has been putting up fences along Reynolds property as homes have been built. Reynolds never asked for a mesh safety fence. The only time trucks have travelled Orange is during the road construction and he did provide dust control during road construction. McLaughlin explained the vacant lots on Orange will not develop until the LID is formed or a half-street improvement is done. COMMISSIONERS DISCUSSION AND MOTION The Commissioners agreed it was Condition 7 from the Findings dated February 8, 1994 that they would be discussing. Finkle mentioned that testimony was also taken regarding construction traffic and lack of a fence. McLaughlin said the fence was to be erected where the development abuts other properties, not a fence to block access to the development. More than anything, Finkle felt the construction needed to be done in a way that was sensitive to the neighborhood. Carr suggested new wording for Condition 2: That a semi-permanent barricade be approved by the Public Works Director and constructed and maintained at the south end of Lots 25 and 26 and across Parkside Drive prohibiting access onto Orange Avenue until Orange is paved. Bass understood some mistakes had been made by the City, however, he believes the applicant, builders or realtors knew there were conditions of approval. To the extent there are innocent buyers, perhaps the lots should be freed. Otherwise, the Commission should require the applicant stay with the conditions of approval. ASHLAND PLANNING COMMISSION 7 REGULAR MEETING JUNE 11, 1998 MINUTES McLaughlin proposed amended wording to Condition 3: That no building permits be issued for Lots 25 and 26 until the half-street improvement is completed on Orange Avenue. At the-time the LID is formed, permits for Lots 18 and 23 (Phase III) can be issued. Giordano wanted Lot 20 to be allowed to obtain a building permit so Asher can move ahead. Giordano moved to use McLaughlin's language and Carr's wording for the semi- permanent barricade. Carr seconded the motion and it carried unanimously. ADJOURNMENT The meeting was adjourned at 9:15 p.m. ASHLAND PLANNING COMMISSION 8 REGULAR MEETING JUNE 11,19% MINUTES ASHLAND PLANNING COMMISSION STUDY SESSION JUNE 11, 1996 Commissioners present were Armitage, Gardiner, Hearn, Bass, Carr, Giordano and Finkle. Staff present were McLaughlin, Molnar, Knox and Yates. The Commissioners reviewed the proposed changes to the annexation criteria. The word 'may' in 18.106.030 may be confusing. Page 3, "Transit:', Armitage thought it should be made stronger and to mention being built for future use. Finkle wanted some wording about arterial streets. And Giordano wondered what would happen if transit did not exist in the future. Bass thought a requirement should be put in for the next level in the process, for example, construction required at the time of subdivision. Finkle thought the affordable housing portion was cryptic and difficult to understand. He thought the second half of the wording was confusing and dilutes the first part. He would like to see affordable housing required everywhere. McLaughlin brought up not allowing transfer of densities in annexations. His concern was that.you might not get the desired densities. The meeting was adjourned at 10:20. ASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES JUNE 11, 1996 CALL TO ORDER The meeting was called to order at 1:40 p.m. by Jenffer Carr. Other Commissioners present were Giordano and Finkle. Staff present were Molnar, Knox, and Yates. APPROVAL OF MINUTES Giordano moved to approve the Minutes of the May 14, 1996 meeting, Finkle seconded the motion and the Minutes were approved. TYPE If PUBLIC HEARINGS PLANNING ACTION 96-072 REQUEST FOR A SITE REVIEW TO CONSTRUCT A FIVE-UNIT CONDOMINIUM PROJECT LOCATED ON THE SOUTH SIDE OF EUREKA STREET PARKING WILL BE ACCESSED FROM THE REAR ALLEY APPLICANT: A.P. GROUP Site Visits and Ex Parte Contacts Site visits were made by all. STAFF REPORT The proposal is to construct five condominiums on the property between Eureka and C Streets. The required parking is proposed to be located off the alley to the rear of the project. Paved access to the project has been proposed to be via the back alley with the alley being fully paved. Presently the alley is blocked from vehicular access about 75 feet short of C Street. Eureka and C are unpaved, but each of the five owners would be required to sign in favor of paving these streets. Currently there is no water or storm drain so the developer will have to extend services to the development. Staff has recommended approval with the seven attached conditions with a suggested eighth condition that prior to issuance of a building permit the City receives a copy of the CC&R's describing maintenance of the landscaping. The Tree Commission's comments are made part of the record. Molnar said only about 25 to 30 percent of the neighbors have signed in favor of future street improvements to Eureka. The applicant asked for the paved improvement through the alley. Based on Site Design requirements with paved parking off the rear, Staff felt the improvements of the entire alley would accommodate most of the traffic. Molnar explained that concerns have been raised by the neighbors that residents of units one and two may decide to park on Eureka because it is more convenient than the provided parking off the alley. Staff believes parking on Eureka may occur during the day but at night the cars will be parked in the rear. Eureka will probably be graded out, thereby accommodating a couple of parking spaces. The right-of-way on Eureka is 50 feet and can easily accommodate curbs, gutters, parking bays, sidewalks, etc. at some time in the future. Finkle asked why C Street in addition to Eureka Street be included in what the project signs on. Molnar said C Street was not specifically eliminated from consideration and could be discussed. Carr wondered about the 75 feet of the alley that is not open. Molnar explained the alley was blocked and the City proceeded in notifying the neighbors that the obstructions would need to be removed. The neighbors responded that this issue had been discussed in 1977 and through looking at old documents, B. D. Greene requested the alley be open for access for parking at a project. The neighbors asked that the last 75 feet that he would not need for access be kept dosed because a garden area was occupying that space. The Council approved it but the alley has not been vacated. This will be scheduled on the next available Council agenda item for review. Carr said the Certificate of Occupancy could not be issued ff the alley has not been opened up and it does not seem fair the applicant would be penalized if there is not cooperation with the request. Knox said If the applicant could not get the alley open, it would require pushing everything forward to get enough back-up space. Molnar said some possible rewording could be done on Condition 3. PUBLIC HEARING PETER CIPES, A. P. Group, said his findings and drawings support his application. He would have preferred units one and two to park off Eureka with the rest of the parking off the alley, but has yielded to Staff's recommendation. Carr hoped Cipes understood that the opening up of the alley was in the hands of the Council not the Planning Commission. Cipes is hopeful it will be approved because he does not want to have five finished units and no one able to occupy them because of access. DIANNE ELLIS, 1023 East Main Street, #1, explained she is gardening the alley portion. She read a letter from the neighborhood into the record expressing safety and traffic concerns about improvement of the alley. If the alley is open it will create a through street. She gave the Commissioners minutes from the City Council in 1977. She would not object to opening the alley for pedestrians. She would not object to giving Cipes property for a turnaround. Giordano feels this street is being portrayed as a major thoroughfare and he has never seen that many cars on that portion of C Street. It would seem if the alley was paved it would cut down on dirt and dust. Ellis agreed it would be an improvement if the alley was paved. ROBERT ELLIS, 1023 East Main Street, #1, is concerned about safety in the alley. Young drivers use the alley as a speedway. This is not a normal alley situation. Ellis explained that even if the alley is paved, higher speeding cars will occur. DIANE SLY, 117 Eighth Street, said she is worried about traffic accidents in that area. She has been watching the increased traffic on Eighth Street because of the coffee shop. She has a strong feeling some people are going to want to turn right on C and continue down the alley and go down Emerick to get to East Main again. She supports making the alley accessible up to the point of the development and then having it blocked off. The one short section of C Street Is the only access for some. Rebuttal Cipes would be in favor of speed bumps to slow traffic in the alley. In addition he would be willing to using signage such as "SLOW, Children at Play" in the alley. Giordano thought it is almost essential the neighbors have a paved alley. ASHLAND PLANNING COMMISSION 2. HEARINGS BOARD MINUTES JUNE 11,1996 Molnar mentioned the policy of the Public Works Director In the past has discouraged the use of speed bumps in alleys for liability reasons. There may be some other ways to slow traffic in addition to signage. Giordano suggested a paved entrance at both ends of the alley with textured concrete to slow or discourage traffic. Finkle thought narrowing of the alley at C Street to the width of one car would slow traffic. Carr read comments from Julie Bums, 835 Fox Street, Herbert and Ines Finkel, 1031 East Main Street. HERBERT FINKEL noted that the alley Is an extension of C Street and that makes it an unusual situation. COMMISSIONERS DISCUSSION AND MOTION Giordano did not think there Is a sufficient amount traffic to warrant the concern by the neighbors. He can see the advantage to using the alley for access. .He agrees there needs to be a traffic calming device at C and the alley. Finkle can see from the neighbors' testimony that there is a potential problem with people driving straight through the alley from C. He would prefer to have the alley go through but implement some measures for traffic calming. Carr explained that since the opening of the alley is not within the purview of the Planning Commission, the alley should be paved as per Condition 3. Molnar said Condition 3 could be reworded to state that the applicant be responsible for the entire improvement of the alley. If the Council so chooses to put up bollards to keep the last part open, an improved surface would still work well for bicyclists and pedestrians even if the alley narrowed to six or eight feet. Molnar wondered how the Commission would feel if the Council chose not to open the alley whether or not the project should be approved. Cipes said he would prefer not to be held up another month and even if the alley could not be opened, he still has legal access to the project. Finkle moved to approve PA96-072 with access either (1) solely from Emerick Street or (2) with the alley having full access from both Emerick Street if the intersection of the alley with C Street incorporates strong calming measures such as a single lane entrance, speed bumps, or other equally effective measures. In addition, signage will be required. Add Condition 8 that prior to issue of a building permit, a copy of the CC&R's be provided describing assessments for the maintenance of landscaping and required parking areas. Also that the applicant sign in favor of street improvements of C Street if the alley goes through. Giordano seconded the motion. The motion carried unanimously. TYPE I PLANNING ACTIONS PLANNING ACTION 96-058 REQUEST FOR SITE REVIEW APPROVAL TO CONSTRUCT A FOUR-PLEX LOCATED OFF THE ALLEY AT 264 VAN NESS AVENUE. APPLICANT: DENNIS HOFER ASHLAND PLANNING COMMISSION 3 HEARINGS BOARD MINUTES JUNE 11,1996 This action was approved. PLANNING ACTION 96-059 REQUEST FOR A MINOR LAND PARTITION TO DIVIDE THE PROPERTY LOCATED AT 702 CLAY STREET INTO TWO LOTS WITH THE REAR PARCEL BEING A FLAG LOT. A 31 FOOT WIDE DRIVEWAY EASEMENT PRESENTLY EXISTS FROM CLAY STREET; A 15 FOOT WIDE DRIVE WILL BE LOCATED WITHIN THIS EASEMENT TO ALLOW ACCESS TO THE NEW LOT. APPLICANT: DOUG NEUMAN This action was approved. PLANNING ACTION 96-066 REQUEST.FOR A SITE REVIEW & CONDITIONAL USE PERMIT TO CONVERT AN EXISTING ACCESSORY BUILDING INTO AN APARTMENT LOCATED AT 263 AVERY STREET. APPLICANT: BILL AND CATE YOCUM This action was approved. PLANNING ACTION 96-069 REQUEST FOR A MINOR LAND PARTITION TO DIVIDE THE PROPERTY INTO TWO LOTS LOCATED AT 1330 IOWA STREET. THE APPLICANTS PROPOSE A FIFTEEN FOOT EASEMENT FOR MUTUAL ACCESS (FLAG DRIVE) OFF BRIDGE STREET. JOHN J. FOX 111 AND CAROL S. FOX This action was approved. PLANNING ACTION 96-071 REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW EXPANSION OF AN EXISTING NOW CONFORMING STRUCTURE LOCATED AT 248 EIGHTH STREET. THE APPLICANTS PROPOSE AN 88 SQUARE FOOT ADDITION ON THE MAIN FLOOR AND A 728 SQUARE FOOT UPPER FLOOR ADDITION. APPLICANT: JANET LARMORE AND TOM STRONG This action was approved. PLANNING ACTION 96-073 REQUEST FOR A MINOR LAND PARTITION TO DIVIDE THE PROPERTY INTO TWO PARCELS LOCATED AT 300 GRANDVIEW DRIVE. THE EXISTING DRIVEWAY OFF OF GRANDVIEW WILL BE USED TO ACCESS THE NEW LOT. THE PROPOSAL ALSO INCLUDES A BOUNDARY LINE ADJUSTMENT ON THE EAST PROPERTY LINE. APPLICANT: ALAN AND MYRA ERWIN This action was approved. PLANNING ACTION 96-074 REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW A CHANGE OF OWNERSHIP OF A TRAVELLER'S ACCOMMODATION LOCATED AT 2190 SISKIYOU BOULEVARD. ASHLAND PLANNING COMMISSION 4 HEARINGS BOARD MINUTES JUNE 11,1996 APPLICANT: VERA HELNY AND INGRID AUGUSTA FORSMARK This action was approved. PLANNING ACTION 96-075 REQUEST FOR A SITE REVIEW TO CONSTRUCT A NEW MUSIC BUILDING AT THE NORTH END OF BRISCOE SCHOOL, OFF MANZANITA STREET, LOCATED AT 265 NORTH MAIN STREET. ALSO REQUESTED IS A VARIANCE TO REDUCE THE SIDE YARD SETBACK ALONG MANZANITA STREET FROM 10 FEET TO 5 FEET, AND TO ALLOW A ROOF PROJECTION AT THE DOOR TO EXTEND WITHIN TWO FEET OF THE STREET RIGHT-OF-WAY. APPLICANT: ASHLAND SCHOOL DISTRICT (BRISCOE SCHOOL) This action was approved. ADJOURNMENT The meeting was approved at 3:20 p.m. ASHLAND PLANNING COMMISSION 5 HEARINGS BOARD MINUTES JUNE 11,1996 ASHLAND FIRE & RESCUE MEMO jam July 10, 1996 TO: Mayor Cathy Golden and City Council Ashland Forest Lands Commission FROM: Keith E. Woodley, Fire Chief SUBJECT: Report On Silvicultural Project Above Glenview Drive We have completed our wildfire fuels mitigation project on approximately 7 acres of city-owned forest lands above the small granite pit off Glenview Drive. Although relatively small in terms of acreage treated, this project is important because of its geographical relationship to Ashland Canyon and Reeder Reservoir. With the completion of the dead tree removal on this unit, a substantial improvement has been made with regard to keeping fire out of Reeder Reservoir that might have originated within, or in close proximity to, the city limits and traveled through this parcel. We will engage a contractor to stack and bum logging slash piles early next spring in the area of dead tree removal. This project involved the removal of approximately 28,000 board feet of timber consisting of predominately dead trees. A few live trees were removed where over-stocking of stands were creating poor forest health conditions. The receiving mill was Medite Corporation of Medford, with a negotiated price of$700 to $140 per thousand board feet, depending on the species, age, diameter and general condition of the logs. There was a substantial percentage of "utility" (inferior) grade timber within the project due to deterioration from insect infestation and climatic conditions. The total revenue from the Y project was $19,736, minus removal costs of $17,062.50, for a net profit of$2,673.50. This particular project was hampered by the location of the 24" water transmission line, which was constructed in 1922, that comes down from the water treatment plant to city reservoirs. Due to the location and shallow depth of this line, a surcharge was added onto the bid price by the logging contractor to cover special equipment needed and supplemental liability insurance coverage for the operation. Had the water line not been present, the profit from the operation would have increased by $8,000. j J I� i X / I �Jl x II i ❑ x ��'" u RS U � oo 'R� L 00 C v C Cn ` I U Tj September 24, 1995 Dear Property Owners and Managers: As you are already aware, for the past year your tenants in the units that you own and/or manage at 497 Scenic Drive, 496 Catalina, and 486 Catalina have been seriously disrupting the quality of life in our neighborhood. Our attempts to resolve the problems through talking with the residents, talking with you, and working with the police department have still not resulted in a satisfactory resolution. The problems that we are encountering include loud and disruptive parties, drunkenness, brawls and domestic fights, vulgar language, loud conversations and music, public urination, and cars screeching in and out of the parking lot. While these problems are a nuisance during the day, it is the frequent occurrence of them late at night (from 10:00 p.m. until 3:00 a.m. or later in the morning) that is intolerable. This is a residential neighborhood, and a quiet one except for these three duplex units of college students. We are not opposed to having college students as neighbors, but we do expect them to respect us and our "regular" lives, which includes needing to get a decent night's sleep. We recognize that they have lifestyles different from ours-- and that is why we do not live in the neighborhoods surrounding the university. If they cannot behave as responsible adults, they do not belong in an adult neighborhood. If they continue to live in this neighborhood, we ask for the following: 1. That no parties be allowed. Every party has been out of control and has required the intervention of the police department. / page 2 2. That all noise shall cease after )Kp.m. at night. This includes conversations in the parking lot and conversations and music on their decks and patios. All they need to do is to be respectful of our need for sleep, and to go.inside and close their windows if they choose to socialize after that hour. 3. That all of the tenants understand that they are responsible for the behavior of any and all guests and visitors to their apartments. We will take whatever action is necessary to restore peace to this neighborhood. You play the most important role in helping us to keep this as a nice residential neighborhood by renting to people who are also interested in living in a quiet area. We would greatly appreciate your help. 4?$W6 ? V C CITY OF ASHLAND POLICE DEPT. June 25,1996 TO: Honorable Mayor, Members of City Council and City Administrator FROM: Wendy Svaren, Community Service Officer via: Gary E. Brown, Chief of Police SUBJECT: PARTY HOUSE ORDINANCE/CHRONIC NUISANCE PROPERTY Findings: The Ashland Police Department has received increasing complaints regarding disturbing the peace in established neighborhoods. At this time, we've no ordinance that enables us to modify the "party house" behavior of uncooperative tenants and landlords. Officers can cite on the "noise ordinance" only if we witness the loud and unnecessary noise. All too often when we get to the party they have quieted down. We suspect some of the more problem "party houses" have police scanners and as such are aware when we are dispatched to a particular address. We need an ordinance/system in place that we can use to cite specific properties that are a continual problem to the peace, safety and general welfare of the neighborhood. Failure to address these types of public nuisances may even result in a reduction in property values and interfere with the quality of life of adjacent property owners and residents. The residents of a specific neighborhood in question are very supportive of the proposed ordinance due to ongoing problems. Recommendations: 1. The City Council adopt an ordinance to address chronic nuisance properties where the police are frequently called by citizens to assist in curtailing behavior involving unusual noise, disorderly conduct, harassment, intimidation and other criminal conduct or ordinance violations. Refer to draft ordinance modeled after the City of Portland. 2. Establish a system where "party calls" are tracked by the police department and turned over to the Community Service Officer (CSO) for mailing of the advisement letters to property owners and tenants. ORDINANCE NO. AN ORDINANCE ADDING CHAPTER 9.18 TO THE ASHLAND MUNICIPAL CODE TO ESTABLISH PROCEDURES FOR DEALING WITH CHRONIC NUISANCE PROPERTY. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The following Chapter 9.18 is added to the Ashland Municipal Code. Chapter 9.18 CHRONIC NUISANCE PROPERTY Sections: 9.18.010 Chronic Nuisance Property. 9.18.020 Definitions. 9.18.030 Remedy. 9.18.040 Procedure. 9.18.050 Commencement of Actions; Burdens of Proof; Defenses; Mitigation of Civil Penalty. 9.18.060 Closure During Pendency of Action; Emergency Closures. 9.18.070 Enforcement of Closure Order; Costs; Civil Penalty. 9.18.080 Severability. 9.18.010 Chronic Nuisance Property. A. Any Property within the City of Ashland which becomes chronic nuisance property is in violation of this chapter and subject to its remedies. B. Any person who permits property under his or her ownership or control to be a chronic nuisance property shall be in violation of this chapter and subject to its remedies. 9.18.020 Definitions. A. Chronic Nuisance Property. Property upon which three or more of the below listed behaviors occur during any 30-day period as a result of three separate factual incidents that have been independently investigated by any law enforcement agency. 1. Harassment as defined in ORS 166.065, excluding provision 1(b). 2. Intimidation as defined in ORS 166.155 through 166.165. 3. Disorderly conduct as defined in ORS 166.025, excluding provision 1(b). 4. Furnishing liquor to a minor as defined in ORS 471.410. PAGE 1 - CHRONIC NUISANCE PROPERTY ORDINANCE 5. Minor in possession as defined in ORS 471.430. 6. Unnecessary noise as defined in AMC 9.08.170. B. Chief. The City of Ashland Chief of Police or the Chief's designee. C. Control. The ability to regulate, restrain, dominate, counteract, or govern conduct that occurs on that property. D. Owner. Any person, agent, firm, or corporation having a legal or equitable interest in a property. Owner includes, but is not limited to: 1. A mortgagee in possession in whom is vested: a. All or part of the legal title to the property; or b. All or part of the beneficial ownership and a right to present use and enjoyment of the premises; or 2. An occupant who can control what occurs on that property. E. Permit. To suffer, allow, consent to, acquiesce by failure to prevent, or expressly assent or agree to the doing of an act. F. Person. Any natural person, association, partnership, or corporation capable of owning or using property in the City of Ashland. G. Pro e . Any real property incl uding land and that which is affixed, incidental, or appurtenant to land, including but not limited to any premises, room, house, building or structure, or any separate part or portion thereof, whether permanent or not. 9.18.030 Remedy. A. In the event a court determines property to be chronic nuisance property, the court may order that the property be closed and secured against all use and occupancy for a period of not less than 30, but not more than 180 days, or the court may employ any other remedy deemed by it to be appropriate to abate the nuisance. B. In addition to the remedies provided for in paragraph A above, the court may impose upon the owner of the property a civil penalty in any amount up to $100 a day, payable to the city, for each day the owner had actual knowledge that the property was chronic nuisance property and permitted the property to remain chronic nuisance property. 9.18.040 Procedure. When the chief believes in good faith that property within their precinct has become chronic nuisance property, they shall: A. Notify the owner(s) of record in writing that the property has been determined to be chronic nuisance property. The notice shall contain the following information: 1. The street address and a legal description sufficient for identification of the property. PAGE 2 - CHRONIC NUISANCE PROPERTY ORDINANCE �p:.dMufsnnce.crd) t 2. A statement that the chief has found the property to be chronic nuisance property with a concise description of the conditions leading to these findings. 3. A copy of the notice shall be served on the owner at least 10 days prior to the commencement of any judicial action by the city. Service shall be mailed first class, postage prepaid, addressed to such person at the address of the property believed to be a chronic public nuisance property, and to such other address as shown on the tax rolls of the county in which the property is located of such other place which is believed to give the owner actual notice of the determination by the chief. 4. A copy of the notice shall be served on the occupant of the property if that person is different than the owner and shall occur not less than 10 days prior to the commencement of any judicial proceedings and be made either personally or by mailing a copy of the notice by first-class mail, postage prepaid, to them at the property. Furthermore, a copy of the notice shall be posted at the property if 10 days has elapsed from the service or mailing of the notice to the owner(s), and no contact has been received by the city from them during that period of time. 5. The failure of any person or owner to receive actual notice of the determination by the chief shall not invalidate or otherwise affect the proceedings under this chapter. B. Concurrent with the notification procedures set forth above, the chief shall send a copy of the notice to the city attorney as well as any other documentation which the chief believes supports the closure of the property and the imposition of civil penalties. The city attorney may then commence civil proceedings in a court of competent jurisdiction seeking the closure of the structure as well as the imposition of civil penalties against any or all of the owners thereof, and any such other relief as may be deemed appropriate. 9.18.050 Commencement of Actions: Burdens of Proof: Defenses: Mitigation of Civil Penalty. A. In an action seeking the closure of a chronic nuisance property, the city shall have the initial burden of proof to show by a preponderance of the evidence that the property is chronic nuisance property. B. It is a defense to an action seeking the closure of chronic nuisance property that the owner of property at the time in question could not, in the exercise of reasonable care or diligence, determine that the property had become chronic nuisance property, or could not, in spite of the exercise of reasonable care PAGE 3 - CHRONIC NUISANCE PROPERTY ORDINANCE (p:ard1nufsanca.ard) and diligence, control the conduct leading to the finding that the property is chronic nuisance property. C. In an action seeking civil penalties pursuant to 9.18.030.6, the city shall have the initial burden of proof to show by a preponderance of the evidence that the conditions of that subsection are specified. D. In establishing the amount of any civil penalty requested, the court may consider any of the following factors, as they may be appropriate, and shall cite those found applicable: 1. The actions taken by the owner(s) to mitigate or correct the problem at the property; 2. The financial condition of the owner; 3. Whether the problem at the property was repeated or continuous; 4. The magnitude or gravity of the problem; 5. The cooperativeness of the owner(s) with the city; 6. The cost to the city of investigating and correcting or attempting to correct the condition; 7. Any other factor deemed by the court to be relevant. 9.18.060 Closure During Pendengy of Action- Emeraencv Closures. In the event that it is determined that the property is an immediate threat to the public safety and welfare, the city may apply to the court for such interim relief that is deemed by the chief or city attorney to be appropriate. In such an event the notification procedures set forth in 9.18.040.A need not be complied with. V 9.18.070 Enforcement of Closure Order Costs: Civil Penalty. A. In the event that a court finds that property constitutes chronic nuisance property as defined in this chapter, the court may order the remedies set out in 9.18.030. In addition, in the event that it also finds that the owner had knowledge of activities or conditions at the property constituting a violation of this chapter and nonetheless permitted the activities to occur, the court may utilize the penalties provided for in 9.18.030.B. B. The court may authorize the city to physically secure the property against use or occupancy in the event that the owner(s) fail to do so within the time specified by the Court. In the event that the city is authorized to secure the property, all costs reasonably incurred by the city to effect a closure shall be made an assessment lien upon the property. As used in this subsection, 'costs" mean those costs actually incurred by the city for the physical securing of the property, as well as tenant relocation costs given pursuant to subsection B.4 of this Section. 1. The city Department effecting the closure shall prepare a statement of costs and the city shall thereafter submit that statement to the court for its review. If no objection to the PAGE 4 - CHRONIC NUISANCE PROPERTY ORDINANCE (a:mcRnuremce.a.d) statement is made within the period prescribed by Oregon Rule of Civil Procedure 68, a certified copy of the statement including a legal description of the property, shall be forwarded to the City Recorder who thereafter shall enter the same in the city's lien docket. 2. Liens imposed by this chapter shall be collected in all respects as provided for street improvements liens, and shall bear interest at-the rate of 9 percent per year from 10 days after the entry in the lien docket. 3. Any person who is assessed the costs of closure or a civil penalty by the court shall be personally liable for the payment thereof to the city. 4. A tenant, as defined in ORS 90.100 is entitled to reasonable relocation costs as those are determined by the city, 0 without actual notice the tenant moved into the property after either: a. An owner(s) or agent received notice of any determination pursuant to 9.18.040.A, or b. An owner(s) or their agent received notice of an action brought pursuant to 9.18.050. C. Any person who is assessed the costs of closure or a civil penalty by the court shall be personally liable for the payment thereof to the city. 9.18.080 Severability. If any provisions of this chapter, or its application to any person, or circumstances is held to be invalid for any reason, the remainder of the Chapter, or the application of its provisions to other persons or circumstances shall not in any way be affected. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of , 1996, and duly PASSED and ADOPTED this day of 1996. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 1996. Catherine M. Golden, Mayor Approved as to form: Paul Nolte, City Attorney PAGE 5 - CHRONIC NUISANCE PROPERTY ORDINANCE (P:ord\nuiswce.md) RESOLUTION 96- A RESOLUTION OF THE CITY OF ASHLAND SETTING FORTH CONDITIONS OF EMPLOYMENT FOR MANAGEMENT AND CONFIDENTIAL EMPLOYEES AND REPEALING RESOLUTION 79-55, AS AMENDED. Recitals: A. The City of Ashland has negotiated collective bargaining agreements with all employees who are members of labor unions; B. The management and confidential employees of the city are not an organized group for the purpose of collectively negotiating the terms and conditions of their employment; and C. It is in the best interest of the city and efficient and effective government to clearly set forth the city's expectations for the performance of its management and confidential employees; The mayor and city council resolve as follows: 1. Scope of Resolution. Resolution No. 79-55, as amended, is repealed. This 1996 resolution shall apply to all management and confidential employees of the City of Ashland as set forth in Appendix "K. Where the term "employee" is used, it shall mean regular full-time employees and probationary employees as defined in section 2 and Appendix A. This resolution does not apply to any employee who is a member of any collective bargaining unit. 2. Definitions. 2.1. Confidential employee. As defined in ORS 243.650(6), a confidential employee is one who assists and acts in a confidential capacity to a person who formulates, determines, and effectuates management policies in the area of collective bargaining. Confidential employee includes those classifications in Appendix "A" under "Confidential." f/ 2.2. Department head. A person directly responsible to the city administrato por city council for the administration of a department. 2.3. Employee. A person in any of the classifications listed in Appendix "A" who has completed the probationary period. 2.4. Management or Manager . Those classifications included in Appendix "A" under the title "Management". PAGE 1—RESOLUTION (rwd\+� ) 2.5. Probationary Employee. A person appointed to a regular position but who has not completed a probationary period during which the employee is required to demonstrate fitness for the position by actual performance of the duties of,the position. 2.6. Supervisor. Any person responsible to a higher divisional or departmental level authority who directs the work of others and who is not in a collective bargaining unit. 3. Purpose. The purpose of this Resolution is set forth generally in the preamble. More specifically, the Resolution has three fundamental purposes: 3.1. To clearly establish which classifications in the city service are management or confidential. 3.2. To clearly set forth the functions of management and to establish criteria for the evaluation of managerial performance. 3.3. To establish the personnel policies governing the conditions of employment of management and confidential employees. 4. Managerial Performance. 4.1. Goal Setting. Basic goals for the City of Ashland are set by the mayor and Council. Resources for achieving those goals are provided via the annual budget. Operational goals and short range objectives are set by the city administrator working with department heads. The single most important factor in achieving the goals of the City of Ashland is the performance of the city's managers. 4.2. Managerial Responsibilities. Each of the city's managers at a minimum have the following responsibilities: 4.2.1. Getting the job done properly and on time, 4.2.2. Keeping the workplace safe and healthy, 4.2.3. Encouraging team work and cooperation among employees and departments, 4.2.4. Developing employee skills, 4.2.5. Keeping records and making reports, and 4.2.6. Actively promoting affirmative action at all levels. 4.3. General Expectations Regarding Management Employees. In addition to the specific performance standards mentioned above, there are also general city expectations of its managers. 4.3.1. Job Commitment. All management employees are expected to have a high degree of commitment to the City of Ashland and to their jobs. When a new manager is hired, the city expects a commitment of continued PAGE 2-RESOLUTION (p:ma msoagmnt.ea) service of at least three years unless unforeseen circumstances warrant earlier resignation or termination. Management employees are expected to devote whatever hours are necessary for the accomplishment of their duties as part of their normal work week. Overtime will only be paid as set forth in section 14. Management employees may take compensatory time off at their discretion as long as they exercise judgement so that their absence does not unreasonably interfere with the city's operations. In the event of voluntary termination, management employees are expected to give a minimum of 30 calendar days notice in order to give the city adequate time to recruit a qualified replacement. 4.3.2. Professionalism. Management employees are expected to maintain the standards of their individual profession. This includes remaining current with new developments, maintaining memberships in professional societies, and 'attending meetings with professionals in their field. Where professionals have codes of ethics or standards of performance, these should also be followed in the manager's work for the City of Ashland. 4.3.3. Termination. If at any time a manager's performance is deemed unacceptable, the city administrator or appropriate department head may ask for the employee's resignation. In most cases, reasonable time will be given to the employee to find other suitable employment. The city may provide severance pay in the event of resignation or involuntary termination. 4.3.4. Residency. Residency within the Urban Growth Boundary shall be a job requirement of the city administrator and department heads. The following employees shall establish their residence to enable them to report for emergency duty within 30 minutes of notification including "get ready" and travel time: Street Superintendent Street Supervisor Water Quality Superintendent Water Quality Supervisor Electric Operations Foreman Police Sergeant Police Captain Police Lieutenant Assistant Fire Chief Residence shall be established by new employees in these classifications within these boundaries or limitations within a period of twelve months of hire or promotion. PAGE 3-RESOLUTION 4.4. Essential Management Functions. The following are the essential functions of all city management positions and the expected standards for their performance: 4.4.1. Planning. Anticipates future needs and makes plans for meeting them; recognizes potential problems and develops strategies for averting them; makes long and short range plans to accomplish city and/or departmental goals. 4.4.2. Organizing. Efficiently and economically organizes and carries out assigned operations; carries out responsibilities in a sound and logical manner; operates the unit smoothly and in a well organized manner; effectively delegates authority and establishes appropriate work rules. 4.4.3. Coordinating. Coordinates all activities related to work objectives; maintains coordination and cooperation with other departments and divisions; maintains good communication with employees, and allows employees to make significant contributions to the accomplishment of objectives. 4.4.4. Leadership Motivation. Creates a climate providing challenge and motivation to employees. 4.4.5. Decision Makinq/Problem Solving. Analyzes situations and problems, weighs the pros and cons of alternative solutions, exercises logical thinking and good judgment, is creative, and is able to make decisions. 4.4.6. Employee Relations. Equitably adjusts grievances among subordinate employees, properly administers union agreements, and administers discipline in a fair and progressive manner; trains and develops subordinate employees. 4.4.7. Public Relations. Maintains a high level of contact with the public, maintains a sensitivity to the public's needs, and meets the needs of the public within available resources. 4.4.8. Budgeting. Prepares operational and capital budgets to meet the public's needs, and expends funds within adopted budgeted limits. 4.4.9. Safety. Maintains a safe, clean, pleasant work environment, and supports the city's overall safety program. 4.4.10. Self Development. Stays current with new ideas and procedures in the manager's field of responsibility. 4.4.11. Affirmative Action. Actively supports and implements Affirmative Action within the manager's area of responsibility, including the hiring and promotion of women, minorities, and the disabled. Is sensitive to sexual harassment in the workplace. PAGE 4-RESOLUTION (p:orM.=nmm.=) 5. Holidays. 5,1. Recognized Holidays. Such holidays as are set forth in AMC §3.08.080. .. In addition, an employee may take a birthday holiday (or alternate day selected by employee). This holiday must be taken within the calendar year in which the birthday occurs or it shall be forfeited. Police Sergeants shall receive paid compensation in addition to regular salary for each of the holidays listed above, including the employee's birthday, in lieu of time off. This shall be paid on the first payday in December of each year. Newly-hired Police Sergeants shall receive this paid compensation pro-rated from the date of hire. If an employee is on authorized vacation, or other leave with pay when a holiday occurs, such holiday shall not be charged against such leave. 6. Vacations for Management and Confidential Employees. 6.1. Eli ibif' . Management employees shall be eligible for vacation with pay in . accordance with the following sections: 6.1.1. Employees with less than five full years of continuous service shall accrue eight hours of vacation for each calendar month of service worked: (Twelve working days maximum). Upon completion of the fifth full year of continuous service, an employee will in addition be awarded three longevity days off (for maximum total of 15 working days). 6.1.2. Employees with more than five but less than ten full years of continuous service shall accrue 10 hours of vacation credit for each calendar month of service. (15 working days maximum). Upon completion of the tenth full year of continuous service, an employee will in addition be awarded three longevity days off (for a maximum total of 18 working days). 6.1.3. Employees with more than ten but less than 15 full years of continuous service shall accrue 12 hours of vacation credit for each calendar month of service. (18 working days maximum ). Upon completion of the 15th full year of continuous service, an employee will in addition be awarded two longevity days off (for a maximum total of 20 working days). 6.1.4. Employees with more than 15 but less than 20 full years of continuous service shall accrue 13.33 hours of vacation credit for each calendar month of service. (20 working days maximum). Upon completion of the 20th full year of continuous service, an employee will in addition be awarded 2 longevity days off (for a maximum total of 22 working days). 6.1.5. Employees with more than 20 but less than 25 full years of continuous service shall accrue 14.67 hours of vacation credit for each calendar month of service (22 working days maximum). Upon completion of the 25th full PAGE 5-RESOLUTION (p:md\m.oagmat.—) year of continuous service, an employee will in addition be awarded three longevity days off (for a maximum total of 25 working days). 6.1.6. Employees with more than 25 full years of continuous service shall accrue 16.67 hours of vacation credit for each calendar month of service (25 working days maximum). 6.2. Utilization. Vacation leave taken shall not be in excess of that actually accrued at the time it is taken. However, the city administrator has the discretion to authorize all management employees to take vacation in advance of accrual when warranted by special circumstances. 6.3. Continuous Service. Continuous service, for the purpose of accumulating vacation leave credit, shall be based on the regular paid hours worked by the employee. Time spent by the employee on city-authorized, city-paid absences shall be included as continuous service. Time spent on unpaid absences shall not be counted as service, provided that employees returning from such absences shall be entitled to credit for service prior to the leave. 6.4. Accrual Limitation. Management employees are required to take not less than 75% of accrued annual vacation as time off each year. The balance of accrued vacation may be taken either as time off or paid in cash on June 15 of each year. Vacation may be carried over with the approval'of the city administrator in special circumstances, but in no event shall the total accrual at any time exceed twice the amount of the employee's annual accrual. 6.5. Scheduling. Vacation times shall be scheduled based on the city administrator's or department head's judgement as to the needs of efficient operations. Vacation leave should be requested on forms provided by the city not less than 30 calendar days prior to the time requested. 6.6. Payment on Termination. In the event of death or termination of employment, the employee shall be entitled to prorated payment for accrued vacation leave at the rate as of the date of termination. In the event of death, earned but ,unused,vacation leave shall be paid in the same manner as salary due the deceased employee is paid. 7. Hours of Work for Confidential Employees. 7.1. Workweek. The workweek, to the extent consistent with operating requirements, shall consist of five consecutive days as scheduled by the department heads or other responsible authority. 7.2. Hours. The regular hours of an employee shall be 8 1/2 consecutive hours, including 1/2 hour for a meal period which shall not be paid. PAGE 6-RESOLUTION (p:om mwgmvL w) 7.3. Work Schedules. All employees, to the extent consistent with operating requirements, shall be scheduled to work on a regular work shift, and each shift shall have regular starting and quitting times. It shall be the responsibility of the Head of the Department to notify employees of their scheduled shifts, workdays, and hours. 7.4. Rest Periods. A rest period of 15 minutes shall be permitted for all employees during each half shift, which shall be scheduled by the city in accordance with its determination as to the operating requirements and each employee's duties. 7.5. Meal Periods. To the extent consistent with operating requirements of the respective department, meal periods shall be scheduled in the middle of the work shift. B. Sick Leave. 8.1. Purpose. Sick leave is provided for the sole purpose of providing financial security to employees and their families. Under no circumstances shall the city grant an employee sick leave with pay for time off from city employment caused by sickness or injury resulting from employment other than with the City of Ashland. 8.2. Accumulation. Sick leave shall be earned for the purpose stated by each employee at the rate of eight hours for each full calendar month of service. Sick leave must be taken for the purposes specified in section 8.3 as condition precedent to any sick leave payment. The maximum accrual as of June 30 of each year cannot exceed 720 hours. Sick leave shall continue to accrue only during leaves of absence with pay. 8.3. Utilization. Employees may utilize their allowance for sick leave when unable to perform their work duties by reason of illness or injury. In such event, the employee shall notify the department head or city administrator of absence due to illness or injury, the nature and expected length of the absence, as soon as possible prior to the beginning of the next scheduled regular work shift, unless unable to do so because of the serious nature of injury or illness. For absences longer than 24 hours, employees shall notify their department head on a daily basis. At the option of the department head or city administrator, a doctor's certificate of illness may be required as a pre-requisite for the payment of sick leave. Employees may be granted sick leave for doctor or dental appointments at the discretion of the department head. Such time off shall be charged against sick leave time on an hourly basis. Confidential employees maybe granted the use of sick leave for illness in the immediate family. 8.4. Integration with Workers Compensation. When injury occurs in the course of employment, the city's obligation to pay is limited to the difference between any payment received under workers' compensation laws and the employee's regular pay. In such instances, prorata charges will be made against accrued sick leave until sick leave is exhausted. Thereafter, the only compensation will be workers' compensation benefits, if any. 8.5. Sick Leave - Without Pay. Sick leave is provided by the city in the nature of insurance against loss of income due to the illness or injury. No compensation for PAGE 7-RESOLUTION (p:ora\mem t.m) accrued sick leave shall be provided for any employee upon death or termination of employment, except that upon retirement accumulated sick leave will be any leave will be applied as provided in ORS 238.350. Sick leave shall not accrue during any leave of absence without pay. 8.6. Pay for Unused Sick Leave. Management employees may elect to receive twenty-five percent of their unused sick leave accrued during the preceding twelve months as paid compensation or paid leave, with the balance of unused sick leave added to cumulative sick leave. 9. Funeral Leave. An employee may be granted five calendar days funeral leave with regular pay in the event of death in the immediate family of the employee. An employee's immediate family shall include spouse, parent, children,brother, sister, mother-in-law, father-in-law, or other relatives living in the same household. Leave with pay, for up to four hours may be granted when an employee serves as a pallbearer. 10. Other Leaves of Absence 10.1. Criteria and Procedure. Leaves of absence without pay not to exceed 90 calendar days may be granted upon establishment of reasonable justification therefor in instances where the work of the department will not be seriously handicapped by temporary absence of the employee. Requests for such leaves must be in writing. Normally, such leave will not be approved for an employee for the purpose of accepting employment outside the service of the city. 10.2. Ju Duty. Employees shall be granted leave with pay for service upon a jury; provided, however, that the regular pay of such an employee for the period of absence shall be reduced by the amount of money received for such jury service, and upon being excused from jury service for any day an employee shall immediately contact the supervisor for assignment for the remainder of their regular workday. 10.3. Appearances. Leave with pay shall be granted for an appearance before a court, legislative committee, judicial or quasi-judicial body as a witness in response to a subpoena or other direction by proper authority; provided, however, that the regular pay of such employee shall be reduced by an amount equal to any compensation received as witness fees. 10.4. Required Court Appearances. Leaves of absence with pay shall be granted for attendance in court in connection with an employee's officially assigned duties, including the time required for travel to the court and return to the employee's headquarters. 10.5. Election Day. Employees shall be granted two hours to vote on any election day only if, due to scheduling of work, they would not otherwise be able to vote. PAGE 8-RESOLUTION 10.6. Family Medical Leave. Leave in accordance with the Federal Family and Medical Leave Act and the Oregon Family Medical Leave Act shall be granted to employees eligible under those acts and for the purposes described in those acts. Leave may be unpaid or paid as provided in these acts. 10.7. Military Leave. Military leave shall be granted in accordance with ORS 408.290. 10.8. Failure to Return from Leave. Any employee who is granted a leave of absence and who, for any reason, fails to return to work at the expiration of said leave of absence, shall be considered as having resigned their position with the city, and the position shall be declared vacated; except and unless the employee, prior to the expiration of the leave of absence, has furnished evidence of being able to work by reason of sickness, physical disability or other legitimate reason beyond the employee's control. 11. Discipline and Discharge. The following section applies only to those employees subject to this resolution who do not have a written individual employment agreement with the city. 11.1. Discipline. The city shall abide by the legal requirements of due process prior to taking disciplinary action. Disciplinary action may include the following: (a) Oral reprimand (b) Written reprimand (c) Demotion (d) Suspension (e) Discharge Disciplinary action may be imposed upon any employee for failing to fulfill responsibilities as an employee. Conduct reflecting discredit upon the city or department, or which is a direct hindrance to the effective performance of city functions, shall be considered good cause for disciplinary action. Such cause may also include misconduct, inefficiency, incompetence, insubordination, misfeasance, the wilful giving of false or confidential information, the withholding of information with intent to deceive when making application for employment, wilful violation of departmental rules or this management resolution, commission of any matter listed in AMC §3.08.030.B or for political activities forbidden by state law. 11.2. Discharoe. An employee having less than twelve months of continuous service shall serve at the pleasure of the city. An employee having continuous service in excess of twelve months shall be discharged only for cause: 11.3. Due Process. Due process procedures shall be followed before a suspension without pay, demotion or discharge is imposed upon an employee. PAGE 9-RESOLUTION (P:ord\menegmot-m) Employees, other than those appointed by mayor and city council, may appeal a suspension without pay, demotion or discharge to the city administrator. The city administrator's decision shall be final. 12. Probationary Period. 12.1. New Employee Probationary Period. The probationary period is an integral part of the employee selection process and provides the city with the opportunity to upgrade and improve the department by observing a new employee's work, training, aiding new employees in adjustment to their positions, and by providing an opportunity to reject any employee whose work performance fails to meet required work standards. New employees shall serve a minimum probationary period of twelve months after which, upon recommendation of the head of the department, they shall be considered regular employees. 12.2. Promotional Probationary Period. An employee promoted into a management or confidential position will be required to serve a twelve month promotional probationary period. The city may at any time demote an employee on promotional probationary status to their previous position with or without cause. 13. General Provisions. 13.1. Non Discrimination. The provisions of this resolution shall be applied equally to all employees without discrimination as to race, color, religion, marital status, age, national origin, sex, sexual orientation or disability,. 13.2. Other Employment. Outside employment shall be permitted only with the express prior written approval of the city administrator who shall follow the principles set forth in AMC § 3.08.040.1. The city administrator may at anytime revoke permission to hold outside employment. 13.3. Workers Compensation. All employees will be insured under the provisions of the Oregon State Workers' Compensation Act for injuries received while at work for the city. Compensation paid by the city for a period of sick leave also covered by workers' compensation shall be equal to the difference between the Workers' compensation pay for lost time and the employee's regular pay rate. 13.4. Liability Insurance. The city shall purchase liability insurance in the maximum amounts set forth in ORS 30.270 for the protection of employees against claims against them incurred in or arising out of the performance of their official duties. 14. Compensation 14.1. Pay Periods. Employees shall be paid on a bi-weekly basis, on every other Friday. In the event a regularly scheduled pay date falls on a holiday, the preceding workday shall be the pay date. PAGE 10-RESOLUTION p:rnd mmngmnt.rw) 14.2. rC mpensation - Pav Schedule. Employees shall be compensated in accordance with the pay schedule adopted by resolution of the city council. When any position not listed on the pay schedule is established, the city administrator shall designate a job classification and pay rate for the position. 14.3. Overtime. Management employees are expected to devote whatever time is necessary to accomplish their job. For all employees, the city has the right to assign overtime work as required in a manner most advantageous to the city and consistent with the requirements of municipal service and the public interest. 14.4. Form of Compensation. The city administrator, city attorney, department heads and division supervisors are not eligible for paid overtime but are allowed compensatory time off at their own discretion depending on the operating requirements of the city. All other management personnel and confidential personnel shall be compensated in the form of pay at the rate of time and one-half the regular rate for overtime work or given equivalent time off at the option of the city. No employee shall have more than 40 hours of compensatory time on the records at any time. 14.5. Administration of Pay Plan. Employees shall be entitled to pay in accordance with the current salary resolution. In the event of a vacancy, the city administrator may appoint a new employee at any appropriate step within the pay range. 15. Health Welfare and Retirement. The city agrees to provide health, welfare and retirement benefits in accordance with Appendix "B" for employees subject to this resolution. a PAGE 11-RESOLUTION (p:ordknawmm.m) APPENDIX "A" Classifications in the Management and Confidential Employee Groups MANAGEMENT City Administrator/Department Heads City Administrator/General Manager Assistant City Administrator/Personnel Director Director of Public Works/City Engineer Electrid Utility Director Director of Finance Chief of Police Fire Chief Director of Community Development City Attorney Division Supervisors Street Superintendent Water Quality Superintendent Building Official Assistant City Engineer/City Surveyor Police Captain Senior Planner Purchasing Agent/Cemetery Superintendent Supervising Accountant Regional Affairs/Conservation Manager Assistant Fire Chief Fire/EMS Training Coordinator Electric Operations Superintendent Senior Program Director Mid-Level Supervisors Water Quality Supervisor Street Supervisor Police Administrative Services Manager Police Sergeant Computer Services Manager Public Works Administrative Assistant CONFIDENTIAL Executive Secretary Legal Assistant Personnel Assistant Administrative Secretary Secretary PAGE 12-RESOLUTION (p:rna meoagmnt.rta) APPENDIX "B" Health Welfare and Retirement Benefits The city agrees to provide health, welfare and retirement benefits in accordance with this appendix for employees subject to this resolution. 1. Health Insurance. Premiums for Blue Cross Plan V, including Full Service Vision insurance, for employees and their dependents. Coverage will commence for new employees the first of the month following g0 calendar days from date of employment unless otherwise approved by the City Administrator. 2. Life Insurance. Premiums for the League of Oregon Cities life insurance policy for each employee at one times annual salary. 3 Dependent's Life Insurance. Premiums for the League of Oregon Cities $1,000 life insurance policy for each dependent of an employee. 4 Salary Continuation Plan. Premiums for the League of Oregon Cities Salary Continuation Plan. 5. Retirement. As required by law, the city will contribute to the Oregon State Public Employees Retirement System for each employee. Enrollment will commence six months from the date of employment for new employees, unless that person was in PERS immediately before coming to work for the city. Upon retirement, one-half of unused sick leave earned will be applied to retirement as provided in statute. The city will also assume or pay the employees' contributions required by ORS 237.071 for employees at a uniform rate of six percent. 6 Social Security. Contributions to Social Security as required by law. 7. Dental Insurance..Premiums for Blue Cross Option III Dental plan for employees and their dependents. 8. Medical Insurance for Retirees. Any employee retiring with fifteen or more years of service with the city and who is age 60 or alder, shall be eligible for participation in the city's medical insurance program, with the city contributing the cost of Blue Cross Preferred Choice 65, Plan C, or its equivalent. 9 Deferred Compensation. Deferred compensation in the amount of $15.00 per month in matching funds per employee enrolled in a city deferred compensation program. PAGE 13-RESOLUTION This program is at the option of the employee and contingent upon a minimum $15.00 per month contribution paid by the employee. This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this day of 1996. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 1996. Catherine M. Golden, Mayor Reviewed as to form: Paul Nolte, City Attorney PAGE 14-RESOLUTION (p:oamwgmnt.rcs> RESOLUTION NO. 96- A RESOLUTION OF THE CITY OF ASHLAND ANNEXING A CONTIGUOUS AREA TO THE CITY OF ASHLAND, OREGON, AND PROVIDING FOR AN EFFECTIVE DATE. (ACCESS ANNEXATION) RECITALS: A. ORS 222.125 permits the city to annex the property described in the attached Exhibit A without an election and without a public hearing when all of the owners of the property to be annexed and not less than 50% of the electors, if any, residing on the property consent in writing to the annexation. B. All of the owners of this property have consented in writing to the annexation as have the two electors residing on the property. C. The land use application for annexation has been heard and was approved with findings and the order for annexation adopted by the city council on May 21, 1996. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The land described in the attached Exhibit "A" is contiguous to the City of Ashland and is located in Jackson County, Oregon, and is proclaimed to be annexed to the City of Ashland as provided in ORS 222.125 and Section 2 of this Resolution. SECTION 2. Upon the effective date of this resolution, the City Recorder, in accordance with ORS 222.177, shall transmit to the Secretary of the State of Oregon, a copy of this resolution, a copy of the Statement of Consent from the electorate of the tract annexed and shall submit a copy of this resolution to the County Assessor and County Surveyor of Jackson County, Oregon. This resolution was read by title only in accordance with Ashland Municipal Cod e1996. §2.04.090 duly PASSED and ADOPTED this day of Barbara Christensen, City Recorder SIGNED and APPROVED this day of 1996. Catherine M. Golden, Mayor Reviewed as to form: Paul Nolte, City Attorney (P:ord\mx-exa.rel) L.J. FRIAR AND ASSOCIATES CONSM-nNO SAND SURVEYOR$ _ .. 3U S IOLLY . NGO,'OM1O,ORf.00N 17101 Avg 1-HOAR D 3-M21 lAMEt E,6lG 60}77T-l7ai LEGAL DESCRIPTION ANNEXATION TRACT Commencing at the quarter corner common to Sections 11 and 14, Township 39 South, Range 1 East, Willamette Meridian, Jackson County, Oregon; thence North 21'36'25" West, 1907. 43 feet to a found 5/8 inch iron pin on the West line of Tolman Creek Road and the trElp onint of beginning, said point also being at the Northeast corner of that tract of land as described in City of Ashland Ordinance No. 2293; thence along the present .City limits line, North 89'28'54" West, 380.57 feet to a found 1/2 inch iron pipe; thence continue along the present City limits line, North 89'28'54" West, 249.84 feet to a found 3/4 inch iron pipe at the Northwest corner of said tract described in said Ordinance No. 2293; thence leaving said City .limits line, North 0'04'56" East, 828.13 feet to a 5/8 inch iron pin on the Southerly line of east Main Street; thence continue North 0'04' 56" East, 30.19 feet to a found brass disk in concrete marking the centerline of East Main Street; thence continue North 0'04'56" East, 32.80 feet to the Northerly line of East Main Street; thence along said Northerly line, North 66'15'00" East, 174.92 feet to the Westerly line of Interstate No. 5; thence along said Westerly line, South 27'03'44" East, 30.05 feet to a 5/8 inch iron. pin witness corner; thence continue along said Westerly line, South 27'03'44" East, 102.09 feet to a 5/8 inch iron pin; thence continue along said Westerly line, South 57'38'00" East,. 484. 94 feet to a 5/8 inch iron pin on the Westerly right-of-way line of Tolman Creek Road; thence continue along the Westerly : line of Interstate 5, South 57'38'00" East, 39.46 feet to a 5/8 inch iron pin; thence continue along the Westerly line of Interstate 5, North 63'21'37" East, 29.82 feet to a 5/8' inch iron pin on the Easterly line of Tolman Creek Road; thence along said Easterly line, South 0'04'09" West, 582.77 feet to a 5/8 inch iron pin; thence North 89'28 ' 54" West, 60.00 feet to the true point of beginning. Containing 12.21 acres, more or less. Tract to be Annexed Quarterpenny Corp. 95-176 July 10 , 1996 REGISTERED PRUfESS10NAl LAND SURVLYOR OREGON JAMES F.HIM 2234 Renewal date. 6-30-97 RESOLUTION NO. 96- A RESOLUTION SETTING THE TIME AND PLACE FOR A PUBLIC HEARING. ON THE WITHDRAWAL OF CERTAIN REAL PROPERTY FROM JACKSON COUNTY FIRE DISTRICT NO. 5; AND DIRECTING PUBLICATION OF NOTICE AS REQUIRED BY ORS 222.524 (ACCESS ANNEXATION) THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The City of Ashland finds that the owners of the property described in the attached Exhibit "A" have consented to the annexation of this property to the City of Ashland. The Council further finds that the two electors residing in the tract to be annexed have consented to the annexation. SECTION 2. Pursuant to ORS 222.524 a public hearing shall be held on August 6, 1996, at 7 p.m., in the Council Chambers, Civic Center, 1175 East Main Street, Ashland, Oregon, on the question of withdrawal of this property from Jackson County Fire District No. 5. All persons may appear before the Ashland City Council and be heard on the question. SECTION 3. The city recorder is directed to give notice of the hearing as required by ORS 222.524(2). This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this day of 1996. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 11996. Catherine M. Golden, Mayor Reviewed as to form: Paul Nolte, City Attorney PAGE 1-RESOLUTION (p:crd\wx-mm.re21 L.J. FRIAR AND ASSOCIATES CONSUlTiNU LAND SURVEYORS W 3 W=Y Fr. 4aacono,oaBwnrrm IAMY J.Fa1Vt PHOt"AX 11410 E 610 603-M-27412 LEGAL DESCRIPTION ANNEXATION TRACT Commencing at the quarter corner common to Sections 11 and 14, Township 39 South, Range 1 East, Willamette Meridian, Jackson County, Oregon; thence North 21'36'25" West, 1907 . 43 feet to a found 5/8 inch iron pin on the West line of Tolman Creek Road and the trLIP ynint of beginning, said point also being at the Northeast corner of that tract of land as described in City of Ashland Ordinance No. 2293; thence along the present .City limits line, North 89'28'54" West, 380.57 feet to a found 1/2 inch iron pipe; thence continue along the present City limits line, North 89'28' 54" West, 249.84 feet to a found 3/4 inch iron pipe at the Northwest corner of said tract described in said ordinance No. 2293; thence leaving said City limits line, North 0'04'56" East, 828 . 13 feet to a 5/8 inch iron pin on the Southerly line of east Main Street; thence continue North 0'04' 56" East, 30.19 feet to a found brass disk in concrete marking the centerline of East Main Street; thence continue North 0'04'56" East, 32.80 feet to the Northerly line of East Main street; thence along said Northerly line, North 66'15'00" East, 174.92 feet to the Westerly line of Interstate No. 5; thence along said Westerly line, South 27'03'44" East, 30.05 feet to a 5/8 inch iron. pin witness corner; thence continue along said Westerly line, south 27'03'44" East, 102.09 feet to a 5/8 inch iron pfn; thence continue along said Westerly line, South 57'38'00" East,. 484.94 feet to a 5/8 inch iron pin on the Westerly right-of-way line of Tolman Creek Road; thence continue along the Westerly line of Interstate 5, south 57'38'00" East, 39.46 feet to ' a 5/8 inch iron pin; thence continue along the Westerly line of Interstate 5, North 63'21'37" East, 29.82 feet to a 5/8' inch iron pin on the Easterly line of Tolman Creek Road; thence .along said Easterly line, South 0'04'09" West, 582.77 feet to a 5/8 inch iron pin; thence North 89'28' 54" West, 60.00 feet to the true point of beginning. Containing 12.21 acres, more or less. Tract to be Annexed Quarterpenny Corp. 95-176 July 10, 1996 REGISTERED PP ESSt' LAND SURVEYOR OREGON ,U" ". 1416 JAMES E.HIBBS 27)4 Renewal date. 6-30-97 ORDINANCE NO. AN ORDINANCE REPEALING CHAPTER 2.20 OF THE ASHLAND MUNICIPAL CODE ENTITLED "COMMUNITY HOSPITAL BOARD." THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.20 of the Ashland Municipal Code entitled "Community Hospital Board" is repealed. The foregoing ordinance was first READ on the day of 1996, and duly PASSED and ADOPTED this day of 1996. Barbara Christensen, City Recorder I SIGNED and APPROVED this day of 1996. Catherine M. Golden, Mayor Approved as to form: Paul Nolte, City Attorney PAGE 1-ORDINANCE Wo«dm"svieal."rdl The following chapter is attached to the ordinance for informational purposes only.This is the Chapter repealed by the ordinance. Chapter 2.20 COMMUNITY HOSPITAL BOARD' Sections: 2.20.010 Established—Memberships. 2.20.020 Term. 2.20.030 Officers. 2.20.040 Compensation. 2.20.050 Powers—Duties. 2.20.060 Funds. 2.20.070 Activities report. 2.20.080 Budget' 220 010 Established—Memberships. There is established in the City a Board of nine (9) members and two (2)ex officio members to be known as the Ashland Community Hospital Board. Said voting members shall all be residents of Ashland. No members of the City Council shall be appointed as a voting member. A member of the City Council and a member.of the medical staff of the Ashland Community Hospital shall be appointed as ex officio members. All appointments shall be made by the Mayor,with the approval of the City Council,except that the ex officio member of the medical staff of the Ashland Community Hospital shall be appointed by the Chief of Staff of the Ashland Community Hospital. (Ord. 1282(part), 1960; Ord. 1279, S1, 1960; Ord.2004, 1979) 2.20.020 Term. The term of the voting members of the Board shall be for four(4)years and this is to apply to the current members of the Board so that their terms are extended to four (4)years. Any vacancy shall be filled by appointment by the Mayor,and the approval of the City Council,for the unexpired portion of the term except that the Chief of Staff of the Hospital shall fill any unexpired term of the medical ex officio staff member. (Ord. 1810(part), 1974; Ord. 1282(part), 1960; Ord. 1279 S2, 1960; Ord.2007, 1979; Ord.2539, 1989) 2.20.030 Officers. The Board,at Its first meeting shall elect a Chair,a Vice-Chair and a Secretary,who shall hold office at the pleasure of the Board. (Ord. 1279 S3, 1960) 2 20 040 Compensation. Members of the Board shall receive no compensation. (Ord. 1279 S4, 1960) 2.20.050 Powers—Duties. The Ashland Community Hospital Board shall have the duty of managing,operating,and maintaining 1 the Ashland Community Hospital and grounds thereof,including but not limited to the following enumerated powers and duties: A. To determine all policies of the hospital; B. To establish rules and regulations for its own government; C. To appoint,subject to confirmation by the City Council,a Hospital Administrator,who shall appoint such subordinate officers,agents,employees,staff,and other personnel as the need of the hospital may require and who shall prescribe duties and compensation within the budget adopted for any year•, D. To establish all rights,services,rates,and charges for use of the hospital facilities; E. To receive and accept all devises,bequests,donations,and contributions from individuals,estates,or corporations for use of the Ashland Community Hospital; F. To prescribe and maintain a system of records in accordance with accepted standards of hospital administration; G. To adopt,amend,carry out,and enforce rules and regulations with respect to any or all of the following: 1. Admission of the patients, 2. Nursing personnel,laboratory personnel,dieticians,and other skilled personnel. 3. Laboratories,sanitation,and other facilities of the hospital and their use. 4. To determine the degree of competence of members of the medical staff and applicants thereto, and allow them the privilege to diagnose or treat any disease,injury,or other physical or mental condition at a level commensurate with their ability;to establish such Hiles of conduct as are necessary for the well-being of the patients within the hospital and the efficient operation thereof. To assist the Hospital Board in this determination,the medical staff shall elect a credentials committee which shall recommend to the Hospital Board the scope of the privileges to be granted to the members of the medical staff and the applicants thereto. The Hospital Board may accept ' For provisions regarding the appointment of such officers as the City Council deems necessary, see City Charter, Art. XIII, S1. PAGE 2-ORDINANCE Ip:ordlhospitel.ord) those recommendations from the credentials committee but is not bound by them. H. it is the expressed Intent of the City Council that the Ashland Community Hospital be an accredited institution within the meaning of the Joint Commission on Accreditation of Hospitals. The Hospital Board is charged with the responsibility to attempt in all ways to secure and maintain accreditation for the hospital, and further,to provide for application for membership and affiliation,both individual and Institutional,with any recognized, ethical association of hospitals which has for its purpose the elevation of the standards of hospital care and to strive to take the necessary action to quality for such membership and affiliation; I. To establish such sinking funds as the City Council may hereafter approve. (Ord. 1279 S5, 1960) 2.20.060 Funds. All funds received by the Board shall be delivered to the City Recorder who shall keep a record of the deposits and cash balance so made by the Board. The Hospital Board shall have a separate fund account,and shall,each month, prepare an itemized list of all expenditures to be made by the Board and the City Recorder shall issue a single check,which shall be deposited in the account of the Ashland Community Hospital Board and the Board to make expenditures therefrom. In all fiscal matters,including purchases and expenditures of the funds,the Board shall be bound by the City Charter, ordinances,rules,and regulations. (Ord. 1279 S6, 1960) 2.20.070 Activities Report. it shall be the duty of the Board to meet at least once monthly and that they shall,on the third Tuesday of each month file with the City Recorder,for the Information of the City Council and general public,a report of the activities of the Board including a financial statement. (Ord. 1279 S7, 1960) 2.20.080 Budget. At the time for making the tax levy for general City purposes in each year,the Board shall submit to the City Budget Director a recommended budget of receipts and expenditures in the operation of the Ashland Community Hospital for the ensuing year. (Ord. 1279 S8, 1960) PAGE 3-ORDINANCE (p:erdmospitel.urd) ppEVE,, 1 i. Ashland Fire & Rescue ppO3E[, .P SE pYf 455 SISKIYOU BOULEVARD ASHLAND, OREGON 97520 July 10 , 1996 (541) 482-2770 FAX (541) 488-5318 TO Mayor Cathy Golden and City Council FROM Keith E. Woodley, Fire Chief cff , SUBJECT Adoption of 1994 Uniform Fire Code Ashland Fire & Rescue is currently basing its code requirements on the 1991 Uniform Fire Code. This edition of the code has been superseded by the new 1994 edition. Of interest to the Council would be any modifications to the current code that will have an impact on the level of code enforcement in the city. A proposed adoption ordinance will be placed on the July 16th council agenda for your consideration. The following described topics constitute the only significant additions to the current 1991 edition of the Uniform Fire Code, as a result of this adoption: Appendix II-G Secondary Containment For Underground Tank Systems Containing Flammable & Combustible Liquids New regulations require new underground fuel tanks to be protected against potential leakage. Appendix II-H Site Assessments For Determining Potential Fire & Explosion Risks From Underground Flammable Or Combustible Liquid Tank Leaks i Site assessments are required to determine the potential for leakage of flammable liquids into foundations and basements of adjacent structures. Appendix II-I Ozone Gas Generating Equipment New regulations restrict the use of ozone- generating gases, such as in automobile air conditioner repair garages. Appendix IV-A Special Combustion Hazards Regulates use of combustible interior floor finish materials. Appendix VI-F Refrigerant Groups & Properties Reference Tables Tables showing toxicity and flammability classifications for various refrigerants. Appendix VI-G Unit Conversion Tables ORDINANCE NO. AN ORDINANCE AMENDING THE FIRE PREVENTION CODE, CHAPTER 15.28 OF THE ASHLAND MUNICIPAL CODE ANNOTATED TO SHOW DELETIONS AND ADDITIONS. DELETIONS ARE NNED THR(DUGH AND ADDITIONS ARE t�r3' ia:. ,,.u,,, THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 15.28.010 of the Ashland Municipal Code is amended as follows: 15.28.010 Adoption Of Uniform Fire Code And Uniform Fire Code Standards. The following code and standards are adopted as a part of this chapter: The g oyurkie U ffte„( 94edition of the Uniform Fire Code, including appendices I-A, I-C, 1-D, I E, " 1-F, II-A, 11-B, II F, 160­ hf;:ff# III-A, III-B, III C, IYyR IV-B, V-A, V-B, VI A, VI-B, VI-C, J_,�__ VI-D, VI-E, Vl F, VhG and t#ae 4894- o 94 edition of the Uniform Fire Code Standards published by the Western Fire Chiefs Association and the International Conference of Building Officials except such portions as are deleted, modified or amended by Section 15.28.070. One copy of this code and standards shall be filed in the office of the City Recorder. (Ord. 2645, 1991) SECTION 2. Section 15.28.040 of the Ashland Municipal Code is amended as follows: 15.28.040 Above-around Storage of Flammable or Combustible Liquids. The limits � referred to in Section 79 #-7 .'Z wof the Uniform Fire Code in which the storage of flammable or combustible liquids is restricted are established as follows: All City of Ashland residential and historical district areas as defined in the Comprehensive Plan. 15.28.050 Storage of Liquified Petroleum Gases - Restricted. The limits referred to in Section 82.103(x}$2 3 of the Uniform Fire Code, in which storage of liquefied petroleum gas is restricted, are established as follows: All City of Ashland residential and historical district areas as defined in the Comprehensive Plan. SECTION 3. Section 15.28.070 of the Ashland Municipal Code is amended as follows: 15.28.070 Amendments to the Uniform Fire Code. The Uniform Fire Code is amended in the following respects: A. Section 48-494-9t) art§ W: Delete entire section and replace with the following: "An approved water supply capable of supplying the required fire flow as determined by Appendix III-A of the Uniform Fire Code shall be provided to all premises upon which buildings or portions of buildings are hereafter PAGE 1-ORDINANCE (P:erd%flrecode.ene) constructed. When any portion of the building protected is in excess of 150 feet from a water supply on a public street, as measured by an approved vehicular route from the water supply to the exterior of the building, there shall be provided on-site fire hydrants and mains capable of supplying the fire flow as required by Appendix III-A of the Uniform Fire Code. Such fire hydrants shall be accessible for use by fire apparatus." B wort 7902 # 6 thrciu t 79€3 [ T 4 deCeted ft" r; Seetien 14.108(a)� Delete entire seet4e. n and the fellewing� "All FequiFed fiFe alarm, deteetiBR, and extinguishing systems shall be C. See;^^ '9.116 ,is deleted in ks-G,iiFe . Appendix III-A(5): Replace the deleted , entire paragraph (a) as follows: "Notwithstanding the requirements in Appendix III-A of the Uniform Fire Code, within the City of Ashland the minimum fire flow and flow duration requirements for one and two-family dwellings having a fire area which does not exceed 3,600 square feet shall be 750 gallons per minute. Fire flow and flow duration for dwellings having a fire area in excess of 3,600 square feet shall not be less than that specified in Table No. A-III-A-1." 'EXCEPTIONS": 1. A reduction in required fire flow of 50 percent, as approved by the chief, is allowed when the building is provided with an approved automatic fire sprinkler system. 2. Additions to dwellings existing on the date this provision is adopted shall be permitted regardless of whether the minimum fire flow and flow duration requirements are met unless the addition creates a new dwelling unit or the dwelling and the addition have a fire area in excess of 3,600 square feet. 3. Remodels of dwellings existing on the date this provision is adopted shall be permitted regardless of the size of the dwelling unless the remodel increases the fire area to the extent that the dwelling plus the increase have a fire area in excess of 3,600 square feet. Section 10.204( p 2, 4 Dead Ends: Change 150 feet in length to 250 feet in length. FE. Section 9 284{b} r2„ } 2 2 Replace entire sentences as follows: Fire apparatus access roads and bridges shall be designed and maintained to support up to 44,000 lbs. gross vehicle weight and shall be provided with a surface so as to provide all-weather driving capabilities. PAGE 2-ORDINANCE (p:ordlfireoode.=o) G . Section 1102.1"#dough 1 i02 2 a: Delete in its entirety. % ... ..........._...,.u, HG. . Section i i�r2vo(vT t? n: Replace the first sentence as follows: Permission to burn shall be in accordance with Ashland Municipal Code chapter 10.30. JA. Section 7748#-7`lt1-f f: Notwithstanding the exceptions listed in this section, the sale of Class C explosive materials is prohibited within the City of Ashland. IFI. Appendix III-C, 1.1: Replace entire sentence as follows: Intervals. Tests of systems or devices regulated herein shall be conducted annually, or when an inspection by the chief indicates that there is reason to believe that the system or device would fail to operate properly in an emergency. Before any existing fire detection and/or suppression system is removed, the chief shall be notified. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(c) of the City Charter on the day of , 1996, and duly PASSED and ADOPTED this day of 1996. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 1996. Catherine M. Golden, Mayor Approved as to form: Paul Nolte, City Attorney PAGE 3-ORDINANCE (a:nrdVirecode.wo) MONTHLY ASHLAND R E P O R T POLICE Vol. 1 No. 5 Linda Hoggatt, Editor June, 1996 department but the City in general. new telephone system for the center, as well as a Over the years, Dick has held a diverse 11 visual aid to read out the -�- number of positions for the City. He has telephone number been a firefighter, Public Safety training , , (Automatic number coordinator, a Code Enforcement Officer, S identifier,AN[) and street Communications Supervisor and a sworn address (Automatic Police Officer. location identifier,ALI) of the caller will be installed. His plans...well you guessed it, he's got lots — = of house chores and plans to raft the The new console,a 3 _ W Rogue as many days as possible.We will DE position replacement for you miss Dick! Y the old radio console,will be capable of"at work New Hires: station training"of new dispatchers as well as a Summer has supervisor position in Steve MacLennan,currently a Reserve major emergencies. begun....fun, Officer with our Department, has been hired to fill the vacancy created by Dick vacations, and Chambers retiring. Steve has been with our department for years, beginning as Fire Season arrives and hopefully slow an explorer at 15 and d Park Patrol after that. Everyone is very comfortable with this new watershed Patrol begins. sunny days. appointment as they know Steve real well g and his abilities and we all look forward to Things seems to have seeing Steve sworn in on July 15th. Due to danger of Fire and limited slowed down a little with the suppression resources, it is necessary that onset of summer and the Drew Bally will be replacing Carl Beal who the watershed be patrolled by volunteers closing of school. has recently resigned as a Parking Control which will act as the eyes and ears of the Officer. Drew is from Seattle, but has Forest Service and the City of Ashland. Summer fire watch for relatives already living in the area and Each year numerous volunteers of the watershed has begun and plans on attending SOSC in the future. Retired Senior Volunteer Police Patrol Ashland Police are seeing volunteer their time in this valuable changes in personnel with Maribel Meraz is not an employee of the program. retirements, new hires, and city but a volunteer. She has been a a strange case or two. student of Chief Brown's for the past year Each day the watershed is patrolled learning English. Maribel has experience between 9:30 and 10:00 in the morning working in a law enforcement agency in and again between 2:00 and 3:00 in the Dick Chambers Mexico and is a disc jockey for a local afternoon. Experience has shown that man Retires after 22 Hispanic station. made fires usually start in the afternoon hours rather than early morning hours. Years. Remodel plans begin for A log is kept of the patrol hours and forwarded to the Forest Service for review. In mid June Dick announced the 9-1-1 Center This log helps them monitor activities within he would be retiring on the the watershed and their associated 30th.That didn't give us A small modification to the room size of the influences to fire risks. much time, but plans were 9-1-1 center is going to be made to allow made and a great party was for 3 positions(for EOC incidents)and the RSVP's remind people they come into held to send him off properly new console as well as E-911 equipment. contact with that campfires and camping and show our appreciation are prohibited within the boundary of the for his service to not only our The County wide E-911 project will begin watershed as well as dumping of garbage, implementation sometime late Summer.A chemicals, cars or car parts, etc. Crime Statistics: improving documentation but not on a regular basis.The seniors (photographs, etc) for prosecution. also drive them to be washed,which is a great help.And third,we are not the PART 1 - 1996 1995 only agency to have four wheel vehicles.Jacksonville and the Oregon Homicide 1 1 State Police have used the Jeep for Rape 0 3 quite some time. Robbery 4 4 Aug.Assault 1 4 The decision to purchase jeeps was Burglary made after researching our options, Residential 50 41 checking price differences and resale Non residential 4 18 Would you believe this values as well as considering factors Shoplifting 101 96 is ari alligat ? such as maneuverability, maintenance or story Theft from MV 43 92 history,fraction on icy roads, and fuel MV Parts-accessories 40 13 Let's just call it economy. With Ford Taurus Bicycle cle Theft 47 56 discontinuing their police package and Theft from Building 17 54 "Gator-aid" Chevrolet rumored to be discontinuing Other Thefts 91 121 their line, our options were limited. We Motor Vehicle Theft 21 3 Arson 3 Just had to let you know about the looked at other products in the 4x4 6 alligator who visited Ashland.We line and found Jeep to best meet our recently had a call to the Golden needs. Bottom line,they meet our TOTALS 415 530 Dynasty Restaurant(hence the needs and due to a higher resale,the dragon above) of a hit and run total costs are similar to other The communications center received accident. Officer Flynn was assigned automobiles considered. 3970 telephone calls in June, al that, the case and located the U-haul trailer service were Jun calls. Police calls for out on Hwy 66 and 1-5. The back of One last note....Our officers love them service for June were 972. the U-Haul was up and as Kevin and comments that we have received As you can see from the statistics walked over to speak with the owner a from the public are"they look sharp".above Part I crimes are for 1996 are four foot Bator swung around in the i tt i t K kl i qucy got attention.still running below the standards set in truck and 55 Police Employees? 1995. In Part I crimes,we are down 21.6%from last year. As always,our The short of the story is that the owner In a recent Letter to the Editor,the crime elements seems to be in that of was moving to California with his pet writer implied we are overstaffed. He property crimes(theft of any form). but California does not allow alligators as pets and refused to allow him to c part time employees to add non-paid d d volunteers and inflate the Total crime,all categories, Part I, II, enter. He was in the process of numbers. m was told staff prior to and III,we are down 22.6%from returning to Washington when the the letter, our total full time employees 1995 accident occurred. (FTE's)was 37 and the averag rao In checking we found they are not of police employees (similar cities) Training for June: illegal in Oregon.We learned that was 2 per 1000 population.Ashland, Oregon does allow alligators as pets, with approbmately 18,000 people x2= Sergeant Hooper,Training Officer for but you must register them with your 36 FTE's. APD, has informed me that each local authorities. It really seems like we are right on the officer from our department will be money.As a rule,tourist communities, attending a three day class on DUII See you later alligator...NOT! more often than not, have highter enforcement. The class is to update FTE's than cities who do not have officers on the use of the Nystagmus Jeeps are in the news! tourism. Gaze Test,field sobriety testing procedures, DUII detection, how to Recently attention was paid by a few give testimony in court for DUII and to our new Jeep vehicles in Letters to howorwrite a clear and concise the Editor. First,the comments for p for the District Attorney's office appearing in the paper are incorrect. for prosecution. We only have 3 jeeps, not 6.We are Officers also attending traiing on planning to obtain 3 more in this new Domestic Violence Investigation. This fiscal year as a natural turnover of our training was directed at improving police patrol vehicles. Second, They interviewing techniques of not only the are not being driven by our senior involved parties but the family volunteers,they are strictly patrol members(children) and neighbors. vehicles. Understandably,when one The training was put on by the District vehicle is out of commission someone Attorney's office and also covered from the senior program could drive it, SEATTLE-NORTHWEST Portland oiviSion' SECURITIES CORPORATION 1000 S.W. Broadway Suite 1800 Po r and, Oyeg 97205-3070 ,Yn_/ (503) 275-8304 July 5, 1996 Jill Turner,Finance Director City of Ashland 20 E.Main Street Ashland,OR 97520 RE: Seattle Northwest vs.City of Oregon City Dear Jill: I thought you might be interested in recent events which have placed Seatt le-Northwest in the unusual position of suing an Oregon municipality. Citizens of the City of Oregon City (the "City') recently approved an initiative . measure at the May 21, 1996 election which amends the City's charter to reduce water rates and limit future increases without voter approval. Specifically, the measure directs the City to roll back water rates to those that existed in October of 1994 (a reduction of approximately 39%)and prohibits the'City from raising those rates by more than 3% annually without a vote of the electorate. Seattle-Northwest .Securities Corporation was the underwriter of two separate series of water revenue bonds which were secured by these revenues. To protect the interests of those who invest in bond issues we underwrite, Seattle-Northwest, in cooperation with AMBAC Indemnity Corporation,has filed suit against the City. Our suit alleges that this measure is an unconstitutional impairment of a contract between the City and its bondholders. It also alleges that the measure reflects an inappropriate usage of the initiative and referendum system, which was designed to deal with legislative,rather than administrative matters. We have the full support of the City Commission and staff in this. effort The case has been Sled in Federal District Court, and we have been granted a temporary restraining order against the implementation of the rollback. A hearing will follow in the next few weeks to determine whether a longer term injunction against the implementation of this measure should be approved for the duration of the legal proceedings. We believe that our case is strong,and that we will ultimately prevail in our effort And, we are prepared to see this effort through — to the highest passible court, if necessary. As a municipality that could be affected by the outcome of this case,however,you should be aware that if our action is ultimately not successful,similar measures may appear on ballots in your area The ramifications of such measures could include making it far more difficult to borrow funds without voter approved general obligation debt, thereby making it harder to respond to State and Federal mandates. As events unfold,we will continue to keep you informed. If you should have questions,please do not hesitate to contact us. Although we have no legal responsibility to pursue this action as the underwriter of these bonds, we feel it is our . duty to stand behind the products that we sell on behalf of Oregon municipalities. We will do everything in our power to protect the interests of our investors and the municipalities which we serve. cere'y, 0o 4 Carol E.Sam r Vice President RESOLUTION NO. 96- A RESOLUTION SUPPORTING THE ROGUE VALLEY TRANSPORTATION DISTRICT'S 5-YEAR SERIAL LEVY FOR $3.5 MILLION COMMENCING IN JULY 1996. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: Whereas, a continued investment in the Public Transportation system in the Rogue Valley Region is required to preserve the investment we have made to provide transportation for the citizens of the District; and Whereas, improvements and expansion to the Rogue Valley Transportation District's service is necessary to meet demands on the system; and Whereas, the Regional Transportation Plan and the State Transportation Plan have public transportation elements to mitigate traffic congestion and air pollution; and Whereas, the Rogue Valley Transportation District has developed a ten-year plan in accordance with the State and Regional Transportation Plans to mitigate air pollution and traffic congestion; now, therefore, Be it resolved by the City Council of the City of Ashland, Oregon, that the City of Ashland supports the efforts of the Rogue Valley Transportation District to secure the establishment of their $3.5 million 5-year Serial Levy. The foregoing resolution was READ and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland on the_ day of , 1996. Barbara Christensen, City Recorder SIGNED and APPROVED this day of , 1996. . Catherine M. Golden, Mayor Reviewed as to form: 6/v�V Paul Nolte, City Attorney RESOLUTION NO. A RESOLUTION SUPPORTING THE ROGUE VALLEY TRANSPORTATION DISTRICT'S 5-YEAR SERIAL LEVY FOR $3.5 MILLION COMMENCING IN JULY 1996. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: Whereas, a continued investment in the Public Transportation system in the Rogue Valley Region is required to preserve the investment we have made to provide transportation for the citizens of the District; and Whereas, improvements and expansion to the Rogue Valley Transportation District's service is necessary to meet demands on the system; and Whereas, the Regional Transportation Plan and the State Transportation Plan have public transportation elements to mitigate traffic congestion and air pollution; and Whereas, the Rogue Valley Transportation District has developed a ten-year plan in accordance with the State and Regional Transportation Plans to mitigate air pollution and traffic congestion; now, therefore, Be it resolved by the City Council of the City of Ashland, Oregon, that the City of Ashland supports the efforts of the Rogue Valley Transportation District to secure the establishment of their $3.5 million 5-year Serial Levy. The foregoing resolution was READ and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland on the_ day of , 1996. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 1996. Catherine M. Golden, Mayor Reviewed as to form: Paul Nolte, City Attorney RESOLUTION NO. A RESOLUTION SUPPORTING THE ROGUE VALLEY TRANSPORTATION DISTRICT'S 5-YEAR SERIAL LEVY FOR $3.5 MILLION COMMENCING IN JULY 1996. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: Whereas, a continued investment in the Public Transportation system in the Rogue Valley Region is required to preserve the investment we have made to provide transportation for the citizens of the District; and Whereas, improvements and expansion to the Rogue Valley Transportation District's service is necessary to meet demands on the system; and Whereas, the Regional Transportation Plan and the State Transportation Plan have public transportation elements to mitigate traffic congestion and air pollution; and Whereas, the Rogue Valley Transportation District has developed a ten-year plan in accordance with the State and Regional Transportation Plans to mitigate air pollution and traffic congestion; now, therefore, Be it resolved by the City Council of the City of Ashland, Oregon, that the City of Ashland supports the efforts of the Rogue Valley Transportation District to secure the establishment of their $3.5 million 5-year Serial Levy. The foregoing resolution was READ and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland on the_ day of , 1996. Barbara Christensen, City Recorder SIGNED and APPROVED this day of , 1996. Catherine M. Golden, Mayor Reviewed as to form: Paul Nolte, City Attorney July 12, 1996 To: Ashland City Council Members My name is Jack Bird and the reason for this memo is that I will be out of town on Tuesday, July 16, 1996, the day of the next Council meeting. I live at 590 Long Way which is in the Stratford- on-Avon addition. In January of this year, I started to hear a lot of loud noises coming from the house behind me. Loud talking - actually more like screaming - and loud music has continued from January right up to the present. Last night, July 11, 1996, I was awakened by the same noises at 11:00 p.m. and again at three a.m. Many afternoons, I have attempted to work in back of my house, but the loud music and filthy language is so annoying that I have gone back inside my house; even with all of the windows closed, the noise is still very disturbing. This occurs practically every day. Many mornings, it is necessary to pick up partly eaten hamburgers, hot dogs, banana peelings, apple cores, and other trash that is thrown over onto my property during the night. The individuals who create these problems live at 585 Taylor Street. This subdivision is covered by Protective Covenants and Restrictions. It is very clear that the activities going on at the house at 585 Taylor Street violate these covenants. I am attaching a copy of the Protective Covenants and Restrictions for this subdivision. I have underlined five sentences on page one and three sentences on page three that deal directly with the problem we have. I would hope the City Council can help us get out of this nightmare we have put up with for the past six months and get this neighborhood back to normal. . .- Ri o r . (• " a AMEN—=n _--7C... ATION OF PROTECTIVE COVENANTS AND RF.'81`RICTIONS � F W-�, t:ic ,radar.>ignad, desiring to insure the use of the here_natter h _ _ I <r.: ihei rrop9: r attractive residential purposes only, desiring to - � , nrev^nt nui.i-mn:c: :Lnri t.h,. impairment of the attractiveness of this .;aid" � n property and to :::ahllain the desired tone of the community and thereby to seclu•e to each site owner the full enjoyment and benefit of his home e with no greater restriction to the free and undisturbed use of his site than is necessary to insure the same advantages to the other site owners g hereinafter to acnuire a portion of the property hereinafter described, and being at pr rzent fee owners of said property, which is herewith duly platted as 51'RP"'FORD-ON-AVON ADDITION, a subdivision of and •being situated udthi^. f:— City of Ashland, Jackson County, Oregon, said plat , being recorded in Book 8, Page 48, in the Office of the Recorder for t. Jackson County, Oregon, do herewith make the following declarations Ji as to limitations. restrictions, and uses to which the said lots constituting s_-id Addition mar be out, hereby specifying that said Amended Declaration shall cor.stitule o.enants to run with the land constituting the said plat, as provided by r. and shall be binding upon all parties and all persons claiming wider ti:em and upon all future owners of any part or portion : I of said Addition to the extent and for the duration as hereinafter set forth: � 1 L i:o lot ;pall be used for any purpose other than for residential - j purposes. ?lo uclll^ shall be erected or placed or permitted to it remain on ar- lot within the subject subdivision other than a dwelling not t0 exceed osc =.ry, { y, plus day-light basement or split-level, PROGIDF2, 3. . 17ER, that said limitation as to building height shall j not nave any app!lcat ion to Lot 8, Block 1, and Lot 6, Block 2, of said j . uwomoua : .. ` OAVIS AXp AINSWORTH nornaro... •Rn fuwwf f�, aw +R +fM"Wn.OREGO N 61C3� , V _ aYf 5231>�: Vol. 5—15 past, 2311 Each lot shall contain not in excess of one wa o dvellinT with private garage, either attached or detached, housir.q not I =:,cc of three (3) automobiles and with such other nondwelling oatbuilding:: that are in keeping with the spirit and decor cf this cM- cdv:sion and that are consistent with the overall building program evidr:.:ed here:n. 1 j IL ( The ground floor area of the main structure, exclusive of open ~r; i porches or garages, shall consist of not less than one thousand two ;ar.dre 7, (1,200) square feet for the living area of the dwelling. Cost • ,1 Of conctruction of the dwelling to be erected upon the lands governed ?� ni__ r:nerded Declaration of Protective Covenants and Restrictions l 1 W :dt ' rn;+-d to the minimum sum of Fourteen Thousand Five T: 1 fA 1 q. ;andr=_i i�llars ($14,500.00). This prescribed minimum cost shall hr exclusive of land preparation, land cost and cost of authorized and an p roved outbuildings. { IIL No building :hall be located upon any lot within twenty (20) __cm the front line of said lot or within twenty (20) feet from any j j side street line. No building shall be located nearer than eight (o) �! a_. "four an interior lot line, excepting for garages or other acceotarle outbuildings where the same are not in violation of appropriate city, state or county planning rules, statutes or ordinances. For purpcses of this Covenant, eaves, stepaulid open porches shall not be considerec I� as a rant of a building, provided that this shall in no way be construed iFii�sss o ccr: itute a license to encroach upon the lot of another or tc :ioiate ! ` any ::t51e, city or county planning rules, statutes or ordinances. No dwelling shall be erected or placed upon any iot, whi-h said INN is less= than seventy-five (75) feet In width, measured at mints a_t the i O"IS AND AINSWORTH wortaaww AAn LwuNa P AM LAN ne j � ASHLAND.OREGON Y i '•� mar [lnrti ��- rage. ., o= and t 0'o rear o:` :aid dwelling; nor shall any dwelling be erected 7P r � i I.. 1 1 1 0� :eacad spin. any lct having less than seven thousand (7,000) square fzet thereto. V. No noxious or offensive activity shall be carried on upon any 1 iut nor shw asrw L^.g be done thereon whit may be or may become �Y F ' .'3 F a*1 annoyance or nuisance to the neighborhood. Any use other than fo•• p.,2e1y ._.,,d -tia1 purposes or activities allied with normal and ristomary use shall be deemed and interpreted in violation of this f Restriction. VI r = " of a temporary nature, trailer, basement, teat, shack, gar.?e, barn, or other outbuilding shall be used on any , .. J . ' lot at any ti^.:a as a residence, either temporarily or permanently. 'he _`oreioina Coveenants and Restrictions shall run with t;.a land and s`all be binding upon all the parties and all persons claim- ing under them fora period of twenty-five (25) years from the date t. 7 t herco;, -1 .r which time said Covenants shall be automatically W. extended for successive periods of ten (10)years unless an instrument i — f'aa -71=Im sand 'c, aoriy of the then owners of the lots has been recorded t f -_-_-- ,:bane.•. said Covenants in whole or part. ^ D1=orcement of the foregoing shall be by proceedings at law or in equity arst any person or persons violating or attempting kt ii to violate any `o:•enant, either to restrain the violation or to recover 1 I 1 damages. -- v f UM In :�alldation of any of one of these Covenants by judgment l in no wise affect an y of the other provisions i h -- S '.z- force and effect. Pi -:1.77 2iE5S WHEREOF, the undersigned, SAM P. DANI1S, � C I , DAVIS AND AINBWO RTN [+onmoxu++n+muwe ASHLAND.OREGON .. Il• • !S .. .T.sw. i " and"'ILLTAM F. w-.—,T G%vnerz a J! 15 a' the said platted property above described, have heiewlill made W lu r10 this Amended Declaration for the purpose aforesaid, and do ith subscribe to same in initiation thereof. nA TF D at Ashland, Oregon, this I da i S ,termer. icjuli STATE OF OREGON ss. County of Jackson 77:� -w BE 7 REMEMBERED, Thai on th is�ay of September. !Of. ■ before me, the undersigned, a Notary Public in and for said County and S.atp., personally appeared the within named SAM B. DAVIS, SIDNEY E. A:FSWOP�TH and WILLIAM P. WRIGHT, known to me to be the identical individuals described in and who executed the within instrument and ac-1-nowicziced to me that they executed the same freely and volunt arily. IN TESTIMONY WHEREOF, I have hereunto set my hand and affiXed my official seal, the day and year last above written. . .......... 4Lty tarp Public Uregon My Commission expires—/-Z-- :7 t State of Oregrr, (;iurqy •f The within instrum-, received and filed 0*r1ock 4-M. the day of_�........ recorded i1n.- cragol.. rr -4- to OMC..1 DAVIS AND AINSWORTH MGt. ARMIN..OREGON July 12, 1996 Dear Mayor Golden and City Council Members; Conditions exist in our neighborhood which are highly objectionable and which have created, at the very least, a sense of uneasiness and at worst, anger, fear, depression and other unpleasant feelings. We strongly encourage you to pass the ordinance, on Tusday July 16, which deals with "chronic nuisance property". In December of 1995, four male SOSC students rented and moved into the house at 585 Taylor, located next door to our home. This property had been vacant and for sale for many months. Almost immediately the renters exhibited behaviors which were unacceptable to several of the neighbors including a street fight, theft, loud noises, considerable increased traffic, scattering garbage in the streets and adjacent properties and urinating in the street and in the yard in view of the neighbors. A history of many of these activities is enclosed for your review. Right away, we contacted these young men and attempted to reason with them. While they initially responded in a pleasant supportive manner, it soon became evident that they had little intention of honoring our requests of respect for the neighborhood. Attempts to contact the property owner by phone went unanswered. He is reputed to be very uncooperative in such matters Several incidents caused neighbors to contact the local police who made frequent vistis to 585 Taylor. Unfortunately, by the the time the officers arrive, most of the noise and other problems have diminished and the perpetrators often have driven off to town. Their timing was and still is uncanny. We also contacted the college administration and while they have expressed concern, they also state that the college has no authority over student action in the community. Three of the original male occupants have moved out. Others have moved in and then out including some females. The one original renter who is still present and who has most often been the spokesperson for the group is apparently the individual who has caused most of the problems. He has had other encounters with the local authorities. and also had several rousing verbal battles with various neighbors. At present there are, we believe, two male renters. However there are frequent student visitors, some who seem to just drop in and out and many others who come to party in the swimming pool, in the recreation room or just to whoop it up in the house. There have not been large groups, but the parties go on and on with lots of beer drinking and related activities. There are some regular visitors and frequent new ones driving the latest new sports cars, pick ups, jeeps broncos etc. (incidentally one of us is here most of the time and unfortunately we have direct views from several parts of our house). While some of the activities have been reduced, perhaps due in part to the many police visits and in part due to it being summer, we are all concerned that the fall semester will once again present our neighborhood with a very active and objectionable set of "party house" activities at 585 Taylor street. Conditions are still currently unpleasant. We have been advised that this is not an exclusive situation as there are other so called "Party Houses" that exist in Ashland. And there are similar situations in other cities. Consequently, some of these other cities have already written ordinances to deal with typical problems. . This is certainly not a pleasant situation nor is it our desire to hurt these young people. Most of us really enjoy youth even under some of the worst conditions. These are mostly so called young adults who act like animals or wild children away from home. Some of them have major problems on campus and elsewhere in the community as well. Again we urge you to pass an ordinance which should help to reach the property owners and hopefully curtail some of the outlandish activities carried on by inconsiderate and insensative individuals. Sincerley, &, �l 11.4 Keith Moseley/Susan /aughn 565 Taylor Street. Summary of Incidents 585 Taylor St. • 4 SOSC male students move into house in Dec. 95 • Fight in the street • Steal furniture from resident on Taylor St at Holly • Partying (noise and lights) becomes very annoying to neighbors • Heavy traffic and playing of auto radios •Loud screams and crashes from inside house •Trash including broken glass left in the street • More partying and loud noises and lights • Barking /raging dogs. • Peport by another neighbor of party and drugs and frightened girl. • Brief gatherings in the street with loud noise and swearing late at night • Urinating in the back yard in front of neighbors. April 1995 •excessive music noise from inside house • confrontation with next door neighbor on their property • Partying until 3:00 am • one boy moved out • confrontation at the police department and drunken driving arrest May • Lots of cars at all hours of the day and night • Another boy moved out and a girl moved in • Dumping garbage in the back yard • Draining swimming pool into the back neighbors yard. • Loud music from vehicles arriving and leaving the area and confrontation with neighbor across the street. • Dumping food into another back neighbors pool. • a second girl moved in • possibly a third boy moved out and another moved in, • high frequency of traffic and new cars. • pocket pool playing until 3:00 am with door open and loud talking and laughing and lights on in lower game area. • Loud comments like "The neighbors are anal about noise". • Beer Cans and Cigarette Butts in neighbor's yard June • Day and night (into am) Swimming Pool Parties with loud shouting, swearing and laughing. Lots of different vehicles at all hours. • Stealing fruit from neighbor's tree. Petition Statement WE DEMAND, THAT THE MAYOR AND CITY COUNCIL, ORDER THEIR UTILITY STAFF TO IMMEDIATELY CORRECT UTILITY BILLINGS; AND TO REFUND ALL CURRENT AND PAST STORM DRAIN CHARGES, THAT ARE NOW OR HAVE BEEN, BILLED TO CURRENT OR PAST UTILITY CUSTOMERS, NOT USING CITY INSTALLED STORM DRAINAGE FACILITIES. NAME ADDRESS DATE Ll l l b JUN 1919% TO ASHLAND' S MAYOR AND CITY COUNCIL "Storm drainage fees are not assessed on natural creeks such as Ashland Bear Wrights Emigrant Hamilton, Clay, Tolman, or Roca Canyon drainage way. " (a) "If your property drains directly into one of these areas and Your bill indicates a Storm Drain fee, please contact the City Utility Office for an exemption. " (b) Regarding (a) & (b) above: 1 . The City of Ashland Street and Sewer Departments should be aware of where they have installed their storm drains. 2 . It is not the responsibility of the citizens of Ashland to inform the City where it has installed their storm drains. 3 . It is our understanding that our storm run off empties into one of the locations shown in (a) above. 4 . It is also our understanding that we are being billed a monthly storm drainage fee, even though we do not use City installed storm drains. 5. We have addressed the City Utility Office, as- instructed in (b) above; and we have also contacted additional City Departments. We have not received any adjustments in our utility-billings. CONCLUSION We, the signers of this petition, are therefore forced to petition the Mayor and City Council to ask them to instruct their hired staff to IMMEDIATELY adjust our storm drain billings accordingly: A. Discontinue all storm drainage billings for utility accounts that do not use City storm drain facilities. B. Refund all past storm drainage charges that have been incorrectly charged. DATE SUBMITTED TO THE MAYOR AND CITgCOUNC SUBMITTED BY: -G (A) & ( B) : g: \fill\wp\storm2 JUN 19 1996 386 north laurel ashland,oregon 97520-1154 541-482-9504 1.pu;A--. fax �' r @jeffnet.org �r ri/Viii/r/ar riir ;/iiiirrri/raiir .. / r/ r�� a �� June 18, 1996 Mayor Catherine Golden City of Ashland 20 East Main Street Ashland, Oregon 97520 Dear Cathy: A few weeks ago I was asked by the Planning Department to provide some comments on the proposed remodel/addition of a downtown commercial building. The project involved the addition of a second,and possibly a third, story to an existing single story building. As you will likely recall, a few years ago a similar second floor addition caused some concern,mostly due to the projecting balcony over the public right-of-way. Since meeting with the Staff on the one pending project,I have heard rumors of at least one other such addition being considered and there is reportedly a potential for yet another. First,I should tell you that I think the concept of adding second and perhaps third floors to the building's along the Plaza and East Main street is a rather elegant solution to Ashland's crowded commercial district. I am concerned,however,that we formulate some type of standards as to how this type of addition is be undertaken so that we do not unintentionally lose the architectural character of the downtown area.-These are obviously big changes to the area,and poorly done they could destroy much of the integrity Ashland has worked so hard to preserve as it has grown. Since there is every reason to expect this type of project will become more and more popular, I am writing to suggest that the City begin to determine how it wishes to proceed on this issue as quickly as possible,before too many projects are underway. I would hope that we can avoid the haphazard approach to in-fill and additions that occurred along A Street by setting standards for upper story additions in the downtown that will reflect and respect the architectural heritage of the Plaza and East Main while still allowing property owners to expand their buildings as they require. Thank you as always for your attention. I would be pleased to further discuss the upper story addition concept with either you or Mac if you think that it would be of any help. Sincerely, er a\ \\\ \ ���` y ' E . . . . . . . . . . . . . . . . . . . . . . .. ,C GF �(�,� city of Ashland OFFICE OF THE MAYOR 20 E.Main 5tree1 Ashland,OR 97520 CATHY 601DE(1 a rHVOn ? (505)482-5211 a Gaes and John Adams 690 Glenwood Drive f ( (_ ? _ ^,,`,� Ashland. OR 97520-3230 9 i?fell- z2 X -I � �K� Petition Statement WE DEMAND, THAT THE MAYOR AND CITY COUNCIL, ORDER THEIR UTILITY STAFF TO IMMEDIATELY CORRECT UTILITY BILLINGS; AND TO REFUND ALL CURRENT AND PAST STORM DRAIN CHARGES, THAT ARE NOW OR HAVE BEEN, BILLED TO CURRENT OR PAST UTILITY CUSTOMERS, NOT USING CITY INSTALLED STORM DRAINAGE FACILITIES. NAME ADDRESS DATE 5 it U IP . ti� ut J lt, jW3 F7� c -l� X16 Ll L4 f j. `f 7 a _ q JUN 191996 TO ASHLAND' S MAYOR AND CITY COUNCIL "Storm drainage fees are not assessed on natural creeks such as Ashland Bear Wrights Emigrant Hamilton Clay, Tolman or Roca Canyon drainage way. " (a) "If your property drains directly into one of these areas and your bill indicates a Storm Drain fee please contact the City Utility Office for an exemption. " (b) Regarding (a) & (b) above: 1 . The City of Ashland Street and Sewer Departments should be aware of where they have installed their storm drains. 2 . It is not the responsibility of the citizens of Ashland to inform the City where it has installed their storm drains. 3. It is our understanding that our storm run off empties into one of the locations shown in (a) above. 4. It is also our understanding that we are being billed a monthly storm drainage fee, even though we do not use City installed storm drains. 5. We have addressed the City Utility Office, as instructed in (b) above; and we have also contacted additional City Departments. We have not received any adjustments in our utility billings. CONCLUSION We, the signers of this petition, are therefore forced to petition the Mayor and City Council to ask them to instruct their hired staff to IMMEDIATELY adjust our storm drain billings accordingly: A. Discontinue all storm drainage billings for utility accounts that do not use City storm drain facilities. B. Refund all past storm drainage charges that have been incorrectly charged. DATE SUBMITTED TO THE MAYOR�AND CITY COUNC �\ SUBMITTED BY: (A) & (B) : g:\jill\wp\storm2 JUN 19 1996 TION 10, T. 39 S, R. I E., W.M. IMPORTANT 39 IE 1088 N.W. I/4, N.W. V4, SEC W THIS YAP FOR .sslml IS JAC<SON CUN or n6vosEs r ' '` F T tl�GE UG� a q d I :' ":f ASI II AND - I 39 IE 100 EFU s } W n ti 5-8 :,41 ,II.,OMI :f •:.� I . W ROCA DRA AGE DETAIL MAP WEST DRAINAGE uM,: 1101 SOO • DETAIL MAP /If.:2 PJllmlpx K-T 5_1 O 1E00 O. p a h PARTITION.1 R NO.F' ai:•.�{{}}({{••'•O.T�01 m Jam...._. > L LU - IOq nn nq u0, u09r 110)• u00 : ',r1b}4 9! 9N 9D 9R 9i1 90! f. r O+Y 0.4 O,r4 Or,4 Orr4 Oir4 - • 0,14` OY4 Oq4 Ono Or.4 •�' OR4 / �Ii, rL jf .1 rl u A .t' ON4..r ^ ,. }) }}• }I }0 :On4 } W 906 :4 Q ^ w) . : KIRIC =—LANE–' \. }• _ -EV N–' ` .: Or.4 2 903 V ' t ...•�` 'HMO a 4 - :•'nw np m6 u0 016 O,y ^� \.— - • 916 .. ioo4'rf ; ^ , i CJ4 Cr}4 04.4 Or,4 Or}4 �•,Iq! ..�} } 05,4 p:9t0 ` , •� �i n}4 :- c••.cn o44 _^ f92:0094 07 •°°4 -: n: a1} N SUMM/TV/EH SUBOIV/S/ON PHASE/ I °4„ 1 - �• ._°�•,, SUNNYVIEW SUBDIV/S/ONL.,, .,6, K I® •,L. 1 # o I n I CIS 1 1 m U] o PRIM F f1 - - ' ! I9:ttilitlitt [ C7 I tzi GO F-1 j � H a ` ✓" / �, 3 ( : t= alct l tt ] t [ tt ] (]: : I t ( ] t • ] t ( , nit" I l — . 211 :, ? ] : t l l l : , 191 ( ] 1 t : : tt ] : tt : ( 11tiEfi { l , { 1111ml ( 11111jil f ? �Fj ffff'e . n 1 [O I co I v I m I N I A I W I N I J It is my understanding that to receive an exemption from the storm drain utility fee a property must be situated where it cannot drain into a ditch, pipeline or water course which is maintained by the City. Either the run-off must be totally contained on the property as when the property is significantly lower than the street or drainage system, or when the run-off is discharged directly into a major named stream such as Ashland Creek, Bear Creek, Neil Creek, etc. I do not believe it is possible for properties on either side of Fordyce Street to exist without some contribution to one or more of the three previously mentioned drainages. Carolyn Eidman owns parcels on both sides of Fordyce Street. They are as follows: 39-1E-IOBB Tax Lot 800 (east side) 39-1E-10BB Tax Lot 1200 (west side) To my knowledge tax lot 800 can drain both into the Roca drainage way and into Fordyce Street itself. Lot 1200 cannot access Fordyce Street for drainage but the west drainage course does bisect the property. The west drainage way is maintained down stream of lot 1200 through Meadowlark Subdivision. PAGE 2-(ccngi +aaa,w.m o of AS& Memorandum July 2, 1996 �0- Brian Almquist, Susan Wilson Broadus rQ11t: James Olson, Assistant City Engineer c�$Ltbjgd-' Storm Drain Utility Fees In The Fordyce Street Area The Fordyce Street area has three distinct drainage courses which are available for receipt of run-off. 1. On the east side of Fordyce Street lies the Roca Drainage System. This drainage carries irrigation water and storm run-off from the Roca drainage basin. The City has assumed responsibility for the improvement of this drainage way and the project has been placed on the C.I.P. A VA,000 budget has been set aside for its improvement. We are currently in the process of acquiring easements for the drainage way. 2. Fordyce Street itself carries storm run-off in ditches along each shoulder of the Street. Since Fordyce Street is now under City rather than County jurisdiction the maintenance of these ditches is a Public Works responsibility. 3. To the west of Fordyce Street is located a natural drainage course which carries intermittent water flows. This drainage begins at the C.O. &P. Railroad and extends to Bear Creek through a series of pipelines, improved open ditches and natural water courses. Portions of the drainage are covered by drainage easements and open space dedications while other partitions exist only as a natural water course. Approximately one third('/s) of the total drainage course has been improved or protected by easements. As properties develop through subdivisions and land partitions the percentage of drainage improvement will naturally increase. Once improvements are made the City assumes some degree of maintenance responsibility depending upon the nature of the development and the improvements. To receive a storm drain utility charge it is not required that the City maintain the entire water course into which a property might drain. Only portions of the drainage down stream from the point of connection need to be City improved or maintained. PAGE C I T Y H A L L ASHLAND,OREGON 97520 telephone(code 5M)402-9211 July 8, 1996 Mr. John Fletcher, Director CERVS P.O. Box 4124 Medford OR 97501 Dear Social Services Provider: The Ashland City Council, at its meeting on July 2, approved a proposal by Mayor Cathy Golden to distribute your grant in a lump sum rather than in quarterly installments, as has been our past policy. As you may recall, you received a letter from Mayor Golden in late May, together with a questionnaire asking whether a lump sum payment would assist your agency in keeping services flowing to our residents. The answer was a unanimous "yes" and we are enclosing a check for the total amount allocated to your programs. The Mayor and City Council of the City of Ashland are pleased to be your partner in delivering these critical services to the less fortunate in our community. Sincerely, Brian L. Almquist City Administrator (r:HM=Lnr) Enclosure cc: Ma or an ity Council C I T Y H A L L ASHLAND,OREGON 8752 telephone(code(cote 503)102-3211 1 July 8, 1996 Mr. Philip C. Lang, LCSW Executive Director P.O. Box 819 Medford OR 97501 Dear Social Services Provider: The Ashland City Council, at its meeting on July 2, approved a proposal by Mayor Cathy Golden to distribute your grant in a lump sum rather than in quarterly installments, as has been our past policy. As you may recall, you received a letter from Mayor Golden in late May, together with a questionnaire asking whether a lump sum payment would assist your agency in keeping services flowing to our residents. The answer was a unanimous "yes" and we are enclosing a check for the total amount allocated to your programs. The Mayor and City Council of the City of Ashland are pleased to be your partner in delivering these critical services to the less fortunate in our community. Sincerely, Brian L. Almquist City Administrator (rwcSOnnLnr) Enclosure cc: Mayor and City Council C I T Y v . H A L L ASHLAND,OREGON 97520 telephone(code 503)4U.3211 July 8, 1996 Ms. Gloria Armstrong Jackson County Juvenile Department 1504 Armory Drive Medford OR 97501 P. Dear Social Services Provider: The Ashland City Council, at its meeting on July 2, approved a proposal by Mayor Cathy Golden to distribute your grant in a lump sum rather than in quarterly installments, as has been our past policy. As you may recall, you received a letter from Mayor Golden in late May, together with a questionnaire asking whether a lump sum payment would assist your agency in keeping services flowing to our residents. The answer was a unanimous "yes" and we are enclosing a check for the total amount allocated to your programs. The Mayor and City Council of the City of Ashland are pleased to be your partner in delivering these critical services to the less fortunate in our community. Sincerely, Brian L. Almquist City Administrator (rHHSG=Lttr) Enclosure cc: Mayor and City Council C I T Y �, - H A L L ASHLAND.O 503) 20 � telephone(code 50.7(482-32-3211 July 8, 1996 Ms. Jane Hamilton Jackson County Child Abuse Task Force Children's Advocacy Center 915 West 10th Street Medford OR 97501 Dear Social Services Provider: The Ashland City Council, at its meeting on July 2, approved a proposal by Mayor Cathy Golden to distribute your grant in a lump sum rather than in quarterly installments, as has been our past policy. As you may recall, you received a letter from Mayor Golden in late May, together with a questionnaire asking whether a lump sum payment would assist your agency in keeping services flowing to our residents. The answer was a unanimous "yes" and we are enclosing a check for the total amount allocated to your programs. The Mayor and City Council of the City of Ashland are pleased to be your partner in delivering these critical services to the less fortunate in our community. Sincerely, Brian L. Almquist City Administrator (rHHSGamtltr) Enclosure cc: Mayor and City Council C I T Y - H A L L ASHLAND,OREGON 87520 telephone(oode 503)I82-3211 July 8, 1996 Ms. Peg Crowley MPH RN, Director Community Health Center 246 Fourth Street Ashland OR 97520 Dear Social Services Provider: The Ashland City Council, at its meeting on July 2, approved a proposal by Mayor Cathy Golden to distribute your grant in a lump sum rather than in quarterly installments, as has been our past policy. As you may recall, you received a letter from Mayor Golden in late May, together with a questionnaire asking whether a lump sum payment would assist your agency in keeping services flowing to our residents. The answer was a unanimous "yes" and we are enclosing a check for the total amount allocated to your programs. The Mayor and City Council of the City of Ashland are pleased to be your partner in delivering these critical services to the less fortunate in our community. r Sincerely, Brian L. Almquist City Administrator (rtmsax ltt) Enclosure cc: Mayor and City Council C I T Y v . H A L L ASHLAND,OREGON 97520 telephone(code 503)482-3211 July 8, 1996 Ms. Patricia Ciaeys ACCESS, Inc. 3630 Aviation Way Medford OR 97504 Dear Social Services Provider: The Ashland City Council, at its meeting on July 2, approved a proposal by Mayor Cathy Golden to distribute your grant in a lump sum rather than in quarterly installments, as has been our past policy. As you may recall, you received a letter from Mayor Golden in late May, together with a questionnaire asking whether a lump sum payment would assist your agency in keeping services flowing to our residents. The answer was a unanimous "yes" and we are enclosing a check for the total amount allocated to your programs. The Mayor and City Council of the City of Ashland are pleased to be your partner in delivering these critical services to the less fortunate in our community. Sincerely, Brian L. Almquist City Administrator ccHFISGnecnr) Enclosure cc: Mayor and City Council CITY H A L L ASHLAND,OREGON 97520 telephone(Code 503)492.1211 July 8, 1996 Ms. Debra F. J. Lee, Executive Director Center for Non Profit Legal Services, Inc. P.O. Box 1586 Medford OR 97501 Dear Social Services Provider: The Ashland City Council, at its meeting on July 2, approved a proposal by Mayor Cathy Golden to distribute your grant in a lump sum rather than in quarterly installments, as has been our past policy. As you may recall, you received a letter from Mayor Golden in late May, together with a questionnaire asking whether a lump sum payment would assist your agency in keeping services flowing to our residents. The answer was a unanimous "yes" and we are enclosing a check for the total amount allocated to your programs. The Mayor and City Council of the City of Ashland are pleased to be your partner in delivering these critical services to the less fortunate in our community. Sincerely, Brian L. Almquist City Administrator (r.HHSG=Lltr) Enclosure cc: Mayor and City Council I C I T Y ., - H A L L ASHLAND.OREGON 97520 � telephone(co(1e 503)482-3211 July 8, 1996 Ms. Hillary Best, Coordinator Jackson County CASA 1005 East Main Street Medford OR 97504 Dear Social Services Provider: v The Ashland City Council, at its meeting on July 2, approved a proposal by Mayor Cathy Golden to distribute your grant in a.lump sum rather than in quarterly installments, as has been our past policy. As you may recall, you received a letter from Mayor Golden in late May, together with a questionnaire asking whether a lump sum payment would assist your agency in keeping services flowing to our residents. The answer was a unanimous "yes" and we are enclosing a check for the total amount allocated to your programs. The Mayor and City Council of the City of Ashland are pleased to be your partner in delivering these critical services to the less fortunate in our community. Sincerely, Brian L. Almquist City Administrator (r.axcoml.lo-) Enclosure cc: Mayor and City Council e eruu b.q oaf •sH, •ro . emar art dum o4FaaP,,• July 3, 1996 V10: Jill Turner, Director of Finance (29 ru+-m: Brian L. Almquist, City Adminis o III jQCf: Accelerated Payments for Health and Human Services Agencies The City Council, at its meeting on July 2,approved a lump sum distribution of the amount appropriated in the 1996-97 budget to the following agencies: Crisis Intervention Services $28,600 CERVS/ICCA $8,200 Jackson County Juvenile $2,080 Children's Advocacy Center $2,290 Community Health Center $25,420 Access, Inc. $2,080 Legal Services, Inc. $3,120 Court-Appointed Special Advocates $1,250 This is in lieu of quarterly payments and should be paid during July. (r.HHSCmc ) City-owned Property (excluding dedicated parks) page 3 July 3, 1996 31. lml&ratice Property - 846 acres for spray irrigation on east side of I-5. In addition, the City still owns a mortgage interest in the following properties which were sold several years ago: 1. "A" Street Warehouse - .84 acres on "A" between Second and Third Streets sold to Paul Comstock, et al. (Balance owing is $136,822.) 2. Croman Sawmill - 50 acres on Mistletoe Road sold to Croman Corporation. (Balance owing is $236,000.) (r:Qtypmp.m=) City-owned Property (excluding dedicated parks) page 2 July 3, 1996 12. Cemeteries - a. Ashland Cemetery - east Main Street, west of Morton. b. Mountain View Cemetery - north of Hwy. 66, east of Normal Avenue. (Note: Cemetery south of Hwy. 66 at Normal and Pioneer Cemetery on Sheridan, above Walnut, are privately owned but managed by the City.) 13. Sewaee Treatment Plant Property - 9 acres north of Nevada Street. 14. Old PP&L Electric Substation - .50 acres located on the north side of Nevada Street, east of Oak Street. 15. Storage Yards - a. 4 acres at intersection of Granite and Glenview, including Granite Street Reservoir. b. 20 acres between Glenview and Ashland Loop Road used for granite quarry and material storage. 16. Recycle Depot/Park - east side, south of Hersey. 17. Oregon State Forestry - 1.5 acres on Mistletoe Road leased to State of Oregon Forestry Division. 18. Ashland Public Library Site - leased to Jackson County for public library. 19. Plaza - deeded in perpetuity by Helman family as a "public square." 20. Water Street Parking Lots - both sides of Water Street between "B" and "C" Streets. 21. Winburn Way Parking Lots - west side of Winbum Way between Nutley and Lithia Creek Cafe and on Calle Guanajuato behind Parkview Apartments building. 22. Fire Station No. 1 - at Siskiyou and East Main Street. 23. Fire Station No. 2 - Highway 66 at Sherwood Street. 24. Fallon Northwest Reservoir - 5 acres off Hitt road near Strawberry Lane. 25. A.B. Wilson Park Site - .50 acres off Ditch Road. 26. Lawrence Open Space - above Granite Street. 27. Strawberry Lane Area - 2.4 acres on extension of Orchard Street. 28. Second Street Parking Lot - above East Main Street. 29. Pioneer Street/Lithia Way Parking Lot - southeast comer. 30. "B" Street Corporation Yard - 1.5 acres f on northeast corner of Mountain Avenue and "B" Street. - ofASV�`° EmUr �tn � nm �4E60� July 3, 1996 �D• Honorable Mayor and Council rant: Brian L. Almquist, City Administrator �$ubjtd- City-owned Property (excluding dedicated parks) Several years ago, a list of City-owned property was prepared at the request of the City Council. I have updated that list as of July, 1996. 1. Lithia Sp-rin @s Property- 66 acres of land located on Emigrant Creek Road, east of Dead Indian Memorial Road. Currently leased to Ashland Parks and Recreation Commission; subleased to Ashland Gun Club. 2. Civic/Service Center Site - 8.2 acres. 3. Ashland Watershed- 1100 acres extending from Granite Street to a point above the west fork of Ashland Creek (above Reeder Reservoir). Includes site of future storage dam at Winburn Camp. 4. Alsing Reservoir - 7.5 acres on Tolman Creek Road above Greenmeadows Way. 5. Crowson Reservoir - 1 acre on Glenview Drive. 6. City Hall - site of present City Hall, 7. Winburn Way Community Center. 8. Winburn Way American Legion. 9. Ashland Municipal Airport-39 acres leased to Skinner Aviation through August 14, 1997 plus 22 acres acquired in 1989 for expansion. 10. Oak Knoll Golf Course - 74 acres operated by Ashland Parks & Recreation Commission. 11. Oregon Shakespeare Festival - a. Chamber office/old Scene Shop b. Old Christian Science Church c. Old First National Bank Building (Administration) d. Bowmer Theatre e. Hargadine Parking Lot (Note: The Exhibit Center is owned by the Endowment Fund and the Outdoor Theatre is part of the original Lithia Park site.) GF. Section 1102.1':through 1102 2 5: Delete in its entirety. HQ. . Section 14-2930}11 4: Replace the first sentence as follows: Permission to burn shall be in accordance with Ashland Municipal Code chapter 10.30. dH. Section 77-.404-MM:#: Notwithstanding the exceptions listed in this section, the sale of Class C explosive materials is prohibited within the City of Ashland. IQ. Appendix III-C, 1.1: Replace entire sentence as follows: Intervals. Tests of systems or devices regulated herein shall be conducted annually, or when an inspection by the chief indicates that there is reason to believe that the system or device would fail to operate properly in an emergency. Before any existing fire detection and/or suppression system is removed, the chief shall be notified. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the _ day of _, 1996, and duly PASSED and ADOPTED this day of _, 1996. Barbara Christensen, City Recorder SIGNED and APPROVED this _ day of , 1996. Catherine M. Golden, Mayor Approved as to form: Paul Nolte, City Attorney PAGE 3-ORDINANCE lwordUirecoda.anci constructed. When any portion of the building protected is in excess of 150 feet from a water supply on a public street, as measured by an approved vehicular route from the water supply to the exterior of the building, there shall be provided on-site fire hydrants and mains capable of supplying the fire flow as required by Appendix III-A of the Uniform Fire Code. Such. fire hydrants shall be accessible for use by fire apparatus." B. Section 79(121 6 through 792 'l 7 4`2 rs deleted rrt fts'entirety Beefier} C. Seetmen 79.116 is deleted in its entiFety. D. Appendix III-A(5): Replace the entire paragraph (a) as follows: "Notwithstanding the requirements in Appendix III-A of the Uniform Fire Code, within the City of Ashland the minimum fire flow and flow duration requirements for one and two-family dwellings having a fire area which does not exceed 3,600 square feet shall be 750 gallons per minute. Fire flow and flow duration for dwellings having a fire area in excess of 3,600 square feet shall not be less than that specified in Table No. A-III-A-1." "EXCEPTIONS": 1. A reduction in required fire flow of 50 percent, as approved by the chief, is allowed when the building is provided with an approved automatic fire sprinkler system. 2. Additions to dwellings existing on the date this provision is adopted shall be permitted regardless of whether the minimum fire flow and flow duration requirements are met unless the addition creates a new dwelling unit or the dwelling and the addition have a fire area in excess of 3,600 square feet. 3. Remodels of dwellings existing on the date this provision is adopted shall be permitted regardless of the size of the dwelling unless the remodel increases the fire area to the extent that the dwelling plus the increase have a fire area in excess of 3,600 square feet. E0. Section 4G 294(cly, 2 2 4 "bead Ends: Change 150 feet in length to 250 feet in length. FE. Section 10.204(b)202 2 2.2 and 20.2 2 2 5: Replace entire sentences as follows: Fire apparatus access roads and bridges shall be designed and maintained to support up to 44,000 lbs. gross vehicle weight and shall be provided with a surface so as to provide all-weather driving capabilities. PAGE 2-ORDINANCE 1wo,dWk.cadc.eno) ORDINANCE NO. AN ORDINANCE AMENDING THE FIRE PREVENTION CODE, CHAPTER 15.28 OF THE ASHLAND MUNICIPAL CODE ANNOTATED TO SHOW DELETIONS AND ADDITIONS. DELETIONS ARE LANED 3HROUGH AND ADDITIONS ARE SHADED. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 15.28.010 of the Ashland Municipal Code is amended as follows: 15.28.010 Adoption Of Uniform Fire Code And Uniform Fire Code Standards. The ....................... following code and standards are adopted as a part of this chapter: The 1991 1lolume I,,'Of:`.tha 1994:'edition of the Uniform Fire Code, including appendices I-A, I-C, 1-15, I-E, I F, ll A, II B, II F, 11 G, II tt, I .. III A, III B, III-C, fV At IV B, V A, V-B, VI-A, VI-B, VI-C, VI-D, VI E, Vl F, Vt G and the X8&7-Vplum9 2 of the 1994`edition of the Uniform Fire Code Standards published by the Western Fire Chiefs Association and the International Conference of Building Officials except such portions as are deleted, modified or amended by Section 15.28.070. One copy of this code and standards shall be filed in the office of the City Recorder. (Ord. 2645, 1991) SECTION 2. Section 15.28.040 of the Ashland Municipal Code is amended as follows: 15.28.040 Above-ground Storage of Flammable or Combustible Liquids. The limits referred to in Section 79-.604-. 0227J1:of the Uniform Fire Code in which the storage .......................:....... ............................... of flammable or combustible liquids is restricted are established as follows: All City of Ashland residential and historical district areas as defined in the Comprehensive Plan. 15.28.050 Storage of Liquified Petroleum Gases - Restricted. The limits referred to in Section 82-183(a)$ f33: .;iof the Uniform Fire Code, in which storage of ........ . . liquefied petroleum gas is restricted, are established as follows: All City of Ashland residential and historical district areas as defined in the Comprehensive Plan. SECTION 3. Section 15.28.070 of the Ashland Municipal Code is amended as follows: 15.28.070 Amendments to the Uniform Fire Code. The Uniform Fire Code is amended in the following respects: A. Section 46.494-903:2 anct 9013: Delete entire section and replace with the following: "An approved water supply capable of supplying the required fire flow as determined by Appendix III-A of the Uniform Fire Code shall be provided to all premises upon which buildings or portions of buildings are hereafter PAGE 1-ORDINANCE Ip:ord\firecode.eno� ASHLAND FIRE & RESCUE June 27, 1996 TO Mayor Cathy Golden and City Council FROM Keith E. Woodley, Fire Chief SUBJECT Adoption of 1994 Uniform Fire Code Ashland Fire & Rescue is currently basing its code requirements on the 1991 Uniform Fire Code. This edition of the code has been superseded by the new 1994 edition. Of interest to the Council would be any modifications to the current code that will have an impact on the level of code enforcement in the city. A proposed adoption ordinance will be placed on the July 16th council agenda for your consideration. The following described topics constitute the only significant additions to the current 1991 edition of the Uniform Fire Code, as a result of this adoption: Appendix II-G Secondary Containment For Underground Tank Systems Containing Flammable & Combustible Liquids New regulations require new underground fuel tanks to be protected against potential leakage. Appendix II-H Site Assessments For Determining Potential Fire & Explosion Risks From Underground Flammable Or Combustible Liquid Tank Leaks Site assessments are required to determine the potential for leakage of flammable liquids into foundations and basements of adjacent structures. Appendix II-I Ozone Gas Generating Equipment New regulations restrict the use of ozone- generating gases, such as in automobile air conditioner repair garages. r Appendix IV-A Special Combustion Hazards Regulates use of combustible interior floor finish materials. Appendix VI-F Refrigerant Groups & Properties Reference Tables Tables showing toxicity and flammability classifications for various refrigerants. Appendix VI-G Unit Conversion Tables Sure, it would be nice to have all functions of city government under one roof, but the reality is that we can't expect our small downtown to accomodate all of the growth of city functions that have and will continue to take place into the next century. What effect would the displacement of 8,000 sq ft of prime commercial space by a city government bureaucracy have on the vitality of the already fragile downtown economy? Whatsmore, much of the downtown space that would be available to the City is on the upper-floors of existing buildings. Wouldn't this second-story expansion continue to limit accessibility to those with disabilities and substantially increase the costs to meet the stringent requirements of the "Americans with Disabilities Act"? These are serious concerns that I do not think have been adequately addressed by the critics of the proposed expansion of city offices. As a former member of the Ashland City Council, I have been aware of the need to relocate some aspects of municipal government to a new location for many years. In my opinion, the city has demonstrated good planning for the future by first, acquiring the land for the expansion many years ago, and two, by setting aside monies in the Capital Improvements Fund to cover most costs of expansion. I do share the concerns of some citizens who fear that the downtown not become simply a tourist amenity, but we must recognize that our city has already grown to the.point where the entire scope of municipal government cannot reside in the small downtown core. Instead we must look to an efficient solution to our space needs, while insisting that the most visible and accountable functions of municipal government, (i.e...Mayor, City Administrator, City Recorder, Finance Director, Utilities Offices, etc) remain in the heart of the City to serve those citizens who come into contact with it on a routine basis. Thank you for your consideration of my comments. Sincerely, Michael Donovan Chairman Downtown Planning Advisory Committee TO: Ashland City Council FROM: Michael Donovan November 16, 1993 Dear Mayor and City Council: Due to a scheduling conflict, I am not able to attend your meeting of November 16, 1993 and testify in favor of the proposed new city office expansion on East Main Street. Therefore, I have asked that my remarks be read into the record of the public hearing on this matter. I believe that the expansion of the Community Development, Engineering and Public Works offices to their new proposed location on East Main St. would be m the best interests of the community. The current spaces which these departments occupy in the downtown area are terribly confined, in some cases removed from the men and women for whom they are directly responsible, and perhaps most importantly, they do not foster an efficient environment in which to serve all the citizens of Ashland. Some may argue that the city employees who currently work downtown will be displaced to a remote location and thereby removed from a positive interaction with the citizens they serve by no longer dining, shopping, walking and generally being accessible to the public. While I certainly enjoy seeing city employees walking about, there will surely still be ample opportunity for the citizenry to interact with the many city employees who will continue to come into the downtown for dining, shopping or walking to an appointment, and that what "displacement" does occur will be more than offset by the fact that these city employees will be better serving the needs of our community in a facility that affords them a more efficient work space. Some individuals have also argued that the downtown will be left abandoned by city government, and that it will lapse into being merely a tourist amenity. They contend that once the Planning Department, Director of Public Works, and the Engineering Department are gone, then it will be only a few years until all other functions of city government are removed to the East Main location. This is simply not true. I have served as Chairman of the Downtown Planning Advisory Committee since 1988, and it has always been my firm conviction that the essential functions of municipal government which serve the routine needs of the local citizenry should continue to be located in their present downtown location. The Downtown Plan which was adopted by the City Council in July of 1988, reinforces this point. The Plan states on page 44 that "...City Hall will remain in its present location for the immediate future," but it also specifically states also on page 44 that as "the city grows, some functions will have to be relocated." This has already occured with the Police and Electrical Departments with little adverse effect on the municipal government's ties and commitment to the downtown. 5) The minority concurs with the committee recommend- ations that the city engage an engineer to determine what needs to be done to bring the existing City Hall to current A .D.A . and seismic standards . Further , the minority suggests that the Council consider placing the various options on a ballot and submitting them for voter scrutiny. It is our opinion that the committee ' s view in regard to an expenditure far in excess of the budgeted amount, is at variance with the feelings of the community. Michael Bingham Greg Williams THE CITY OF ASHLAND AD HOC SPACE NEEDS STUDY COMMITTEE MINORITY REPORT. TO THE CITY COUNCIL April 17 , 1994 While we concur with the majority in that the need for additional space for city offices is acute, the minority feel that the report to the City Council is f'la:+ed in several key areas : 1 ) By rejecting all of the proposals that would have included a new building on East Main, the committee has sacrificed the benefits and efficiencies inherent in new construction. The estimated cost of the aquis- ition and remodeling of the Hillah Temple building would exceed $150 per sq. ft . By contrast , a new building on East Main could have been built for around $82 per sq. ft . , with the additional advantage of being able to design exactly the kind of space needed for maximum efficiency. 2 ) The need for additional space for the Department of Community Development is immediate . Because the majority report recommendations could not possibly be im- plemented with the $800,000 currently available , Commun- ity Development will continue to suffer until a way is found to raise additional monies . Unfortunately, no temp- orary solution to this departments space dilemma was considered or recommended . 3 ) The committee never seriously faced the issue of cost . The majority recommendation would require the expenditure of more than double the $800 ,000 available for this project . The report contains no hint as to how this rather sizable obstacle is to be overcome , but does suggest that its recommendations be carried out "as soon as possible" . Considering the current post-ballot- measure-5 political climate , this "as soon, as possible may become a very long time . 4 ) The committee_ never came to an aCreement on lr5t ho:c much additional space the city really neeCs . 7: a=se-.n study suggests that an additional 10 ,000 sq . ft . is needed while some on the committee feel that 6000 sq . ft . :could suffice . This question should have been settled before anv recommendations were made to the Council . THE CITY OF ASHLAND AD HOC SPACE NEEDS STUDY COMMITTEE REPORT TO THE CITY COUNCIL April 13, 1994 The City of Ashland Ad Hoc Space Needs Study Committee has concluded that additional space in needed for certain downtown offices for the following reasons: I.The Department of Community Development is currently working in overcrowded conditions in a substandard building. 2 The Engineering Department is currently housed in a rented space that is inadequate for it's needs. Additionally: A) The historic location of City Hall functions are on the plaza. B) In our comprehensive plan we repeatedly emphasize the need to make the urban core of downtown more dense. In our transportation goals we are attempting to develop modal equity. The only way to reinforce this is to keep city services in the urban center. C) Establish an increased visibility in our civic buildings. We want our architecture to reflect our civic commitment D) Public officials must be accountable to the public. It is symbolic to remove the public governing body to aremote location outside of the urban core. We want to increase the visibility of our government Given these.conclusions,this committee makes the following recommendations to the City Council: 1.All fiords currently earmarked for the construction of the proposed city building at the Fast Main Civic Center be earmarked for a fiord to acquire,maximize and improve space for city offices in the downtown core as defined in the Downtown Plan. 2 That the City of Ashland commit to the acquisition of the Hillah Temple as soon as possible. 3.That the City of Ashland commit to the rehabilitation of the existing City Hall building as soon as possible.This rehabilitation to include as aminimum, complete compliance with all current applicable codes ordinances and energy conservation standards. 4. In the event the acquisition of the Hillah Temple is delayed, the rehabilitation of the existing City Hall building may include the addition of a third floor and expansion of the second floor to accommodate all cement downtown city employees with the possible exception of the Department of Public Works Administration. 5. That the City of Ashland hire an engineer as outlined by OAR 137-35-000 through 137-35-080,Model Rules for Public Contracting Agency Screening and Selection of Persons to Perform Architectural and Engineering Personal Services Contracts,for the purpose of evaluating the existing City Hall building and making recommendations regarding cost and methods to accomplish recommendations 3. and 4. above. 6. The city council shall hold a special public hearing devoted solely to this issue. RESOLUTION NO. 93- A RESOLUTION OF THE CITY OF ASHLAND ESTABLISHING AN AD HOC CITY SPACE NEEDS STUDY COMMITTEE. WHEREAS, the City Council believes there are present and future city government space needs; and WHEREAS, the City Council believes it is in the best interest of the City to secure widespread support for any proposal to meet these needs, NOW THEREFORE BE IT RESOLVED BY THE CITY OF ASHLAND AS FOLLOWS: SECTION 1. That the City Council .agrees to postpone any action on the proposed new city office building from the date of adoption of this resolution until such matter can be properly resolved through an ad hoc committee process as outlined below. SECTION 2 . That the City Council authorizes the Mayor to appoint an ad hoc committee to examine the space needs of the City, propose the best feasible solutions to any space needs, and to recommend how and when the solutions should be implemented. In addition to the Mayor the committee may consist of but not necessarily be limited to one or more individuals from the Planning Commission, Historic Commission, the Our Town Committee, Friends of Ashland, city employees, the City Council, and citizens at large. SECTION 3. That if the City Council does not adopt the committee's report, the City Council will place on the ballot at the next election date authorized by state law the Our Town Committee's proposed initiative measure clarified to reflect that approval of a building subject to the initiative shall be by majority vote of the electors voting. SECTION 4. That the City Council withdraws the City's application for a site review for a building located at 1175 East Main Street. The foregoing resolution was READ and DULY ADOPTED at a meeting of the City Council of the City of Ashland on the 30th day of November, 1993.E Nan E. Franklin, City Recorder SIGNED and APPROVED this .� day o 1993 . Patricia J. Ac n, Acting Mayor viewed as to form: Paul Nolte, City Attorney PAGE 1-AD HOC CITY SPACE NEEDS STUDY COMMITTEE RESOLUTION (p:ad\qe .d.=) 3 CULTURAL SOLUTIONS P.O.Box 401 a Ashland, OR 97520, U.S.A. ■ 541-482-8004 ■(ax 541-552-0825 . email:'rhwinth @mind:net---------- June 14, 1996 Editor Ashland Daily Tidings 1661 Siskiyou Blvd. Ashland, OR 97520 Dear Sir: The city space needs question, centering on the possible acquisition of the Hillah Temple and the rehabing of City Hall, has been simmering on the back burner of the civic kitchen since 1993. i think it is time for the chef to announce when (or if) dinner will be served, or whether it would be easier (and cheaper) to order take out at the East Main Civic Center. As many will recall, in December 1993 the Ashland city council passed a resolution to resolve the controversy over the proposed construction of city offices at the Civic Center on East Main Street. The Our Town committee objected to construction of city offices away from the downtown area, and circulated an initiative petition that would have prohibited moving many of the departments now at City Hall to the Civic Center, unless the project were approved by the voters. In return for a promise by the Our Town committee to drop the initiative effort, the council resolution committed the city to creating an Ad Hoc Space Needs Committee to investigate solutions to the problem of finding adequate city office space, and further promised to "adopt the committee's report" or to place the committee's initiative back on the ballot "at the next election date authorized by state law." The Space Needs Committee's report included six recommendations, among them that the city commit to acquisition of the Hillah Temple for additional office space, that the city commit to rehabilitation of the existing City Hall "as soon as possible," and that the council hold a public hearing exclusively on this issue. Given that a citizen initiative was dropped to allow the council an opportunity to take action on the problem, I believe it is time for an accounting by the council as to what steps have been taken to meet the committee recommendations, and if items remain for action, when these will be taken. If after study and negotiation the council feels that the original plan to build city offices on East Main remains the best solution then it should say so, place die initiative back on the ballot as promised, and let the voters decide whether or not to give the council a free hand in the matter. Sincerely, Rob Winthrop The remaining questions is whether the Council, by responding to the spirit and intent of the recommendations of the committee, has met the commitment in Resolution No. 93-41 and is now free to craft a solution to the space needs issue without referring the originally proposed Charter amendment to the voters. [That proposal was never officially filed, nor had any signatures been gathered at the time the Council appointed the ad hoc space needs committee.] Attachments: 1. Resolution 93-41, 2. Final Committee Report 3. Minority Committee Report (r.Roblu.m ) z - T come to terms with the leadership, but to no avail. As a steward of the public's money, the City Council is required to pay market value, or have a sound rationale for paying more than market value. However, any successful negotiations require a willing seller and, thus far, we have been unable to get the owners back to the table to discuss any type of compromise. Recommendation No. 3. That the City of Ashland commit to the rehabilitation of the existing City Hall building as soon as possible. This rehabilitation to include, as a minimum, complete compliance with all current applicable codes, ordinances and energy conservation standards. Response: The City has budgeted for the rehab of the rear 1/3 of City Hall in the 96-97 budget. This project, which is being done jointly with the Oregon Shakespeare Festival, will include an elevator and upgrades for seismic, energy code, electrical and ADA compliance. Within the last three months, all upstairs doorways have been widened to ADA requirements and a restroom was remodeled to ADA standards in anticipation of this project. The 6-year Capital Improvement Program now under review by the City Council also appropriates $30,000 per year for three years and $97,000 in the fourth year to complete the recommendations for seismic upgrades to City Hall as recommended in the Miller-Gardner Engineering report. Recommendation No. 4. In the event the acquisition of the Hillah Temple is delayed, the rehabilitation of the existing City Hall building may include the addition of a third floor and expansion of the second floor to accommodate all current downtown city employees with the possible exception of the Department of Public Works Administration. Response: The rehab of the rear 1/3 of City Hall mentioned in the response to Recommendation No. 3 above, calls for the addition of a second floor to the rear portion of City Hall which will add some 330 square feet. In addition, it would be possible to add 550 square feet through a second floor addition over the utility billing offices. Recommendation No. 5. That the City of Ashland hire an engineer...for purposes of evaluating the existing City Hall building and making recommendations regarding cost and methods to accomplish recommendations 3 and 4 above. Response: The City employed Miller-Gardner Engineers of Portland, a civil engineering consulting firm specializing in seismic structural engineering, to do both the required analysis and the drawings and cost estimates of the recommended improvements. These documents are on file and were used to prepare the implementation plan shown in the proposed C.I.P. Recommendation No. 6. The City Council shall hold a special public hearing devoted solely to this issue. Response: When the City Council has completed its negotiations with the Hillah Temple leadership, or determined that further negotiations are at a standstill, it may want to consider a public hearing before deciding on a course of action. SUMMARY: It is my opinion that the Council has met the spirit and intent of the committee's recommendations. While some of the items have taken more time than expected, we have made some changes to office spaces within City Hall which have provided some interim relief. °OfAS11, ' -'- �� Emarttndnm cgE6o.► July 2, 1996 D: Honorable Mayor and City Council rum: Brian L. Almquist, City Administrat �$ixbje& Rob Winthrop's Letter Rob has written to the Tidings suggesting that"it is time for an accounting by the Council as to what steps have been W=to meet the[Our Town]committee recommendations" with regard to future space needs for additional city offices. I agree. The following are the specific recommendations of the committee which were approved on a split vote 5:2 (members Michael Bingham and Greg Williams filed a minority report). Rewnww dation No. 1. All Raids cicitly eamimlred for the oort Micdon of the proposal CSty buildui9 at the East Main Civic Center be earmarked to acquire,maximize and improve space forcay offices in the downtown core as defined in the downtown plan. Response:This recommendation is inconsistent with the charge to the committee in Resolution No. 93-41 which was to"examine the space needs of the city,propose the best feasible solutions to any space needs." It is the duty of the Council and Citizens Budget Committee to appropriate funds for projects. Except for contractual obligations, one Council cannot bind a future Council or the Budget Committee to any expenditure of funds. Contrary to the last phrase in this recommendation, the Downtown Plan clearly states that"the old City Hall building will remain a public presence for the foreseeable future. While the city grows, some functions will have to be relocated..." (emphasis added). Recommendation No. 2. That the City ofAshland commit to the acquisition of the Hillah Temple as soon as possible. Reognse:The City Council authorized an appraisal of the Hillah Temple by Evan Archerd,MAI, which was preceded by a seismic analysis by Miller-Gardner Engineering of Portland OR.The appraisal indicated a simple market value of$445,000 and a replacement value of$451,912. Miller- Gardner estimated needed seismic improvements at $111,000. The Council requested that realtor Barbara Allen approach the leadership of the Temple with an offer to purchase. The Temple leadership rejected the City's offer and countered with an offer more than 1/3 over the appraised value. The City has repeatedly attempted to set a meeting to try to July 12, 1996 Dear Mayor Golden and City Council Members, / Conditions exist in our neighborhood which are highly objectionable and which have created, at the very least, a sense of uneasiness and at worst, anger, fear, depression and other unpleasant feelings. We strongly encourage you to pass the ordinance, on Tusday July 16, which deals with "chronic_ nuisance property". In December of 1995, four male SOSC students rented and moved into the house at 585 Taylor, located next door to our home. This property had been vacant and for sale for many months. Almost immediately the renters exhibited behaviors which were unacceptable to several of the neighbors including a street fight, theft, loud noises, considerable increased traffic_, scattering garbage in the streets and adjacent properties and urinating in the street and in the yard in view of the neighbors. A history of many of these activities is enclosed for your review. Right away, we contacted these young men and attempted to reason with them. While they initially responded in a pleasant supportive manner, it soon became evident that they had little intention of honoring our- requests of respect for the neighborhood. Attempts to contact the property owner by phone went unanswered. He is reputed to be very uncooperative in such matters Several incidents caused neighbors to contact the local police who made frequent vistis to 585 Taylor. Unfortunately, by the the time the officers arrive, most•of the noise and other problems have diminished and the perpetrators often have driven off to town. Their timing was and still is uncanny. We also contacted the college administration and while they have expressed concern, they also state that the college has no authority over student action in the community. Three of the original male occupants have moved out. Others have moved in and then out including some females. The one original renter who is still present and who has most often been the spokesperson for the group is apparently the individual who has caused most of the problems. He has had other encounters with the local authorities. and also had several rousing verbal battles with various neighbors. At present there are, we believe, two male renters. However there are frequent student visitors, some who seem to just drop in and out and many others who come to party in the swimming pool, in the recreation room or just to whoop it up in the house. There have not been large groups, but the parties go on and on with lots of beer drinking and related activities. There are some regular visitors and frequent new ones driving the latest new sports cars, pick ups, jeeps broncos etc. (incidentally one of us is here most of the time and unfortunately we have direct views from several parts of our house). While some of the activities have been reduced,.perhaps due in part to the many police visits and in part due to it being summer, we are all concerned that the fall semester will once again present our neighborhood with a very active and objectionable set of "party house" activities at 585 Taylor street. Conditions are still currently unpleasant. We have been advised that this is not an exclusive situation as there are other so called "Party Houses" that exist in Ashland. And there are similar situations in other cities. Consequently, some of these other cities have already written ordinances to deal with typical problems. . This is certainly not a pleasant situation nor is it our desire to hurt these young people. Most of us really enjoy youth even under some of the worst conditions. These are mostly so called young adults who act like animals or wild children away from home. Some of them have major problems on campus and elsewhere in the community as well. Again we urge you to pass an ordinance which should help to reach the property owners and hopefully curtail some of the outlandish activities carried on by inconsiderate and insensative individuals. Sincerley, Keith f1oseley/Susan �`aughn 565 Taylor Street. Summary of Incidents 585 Taylor St. • 4 SOSC male students move into house in Dec. 95 • Fight in the .street • Steal furniture from resident on Taylor St at Holly • Partying (noise and lights) becomes very annoying to neighbors • Heavy traffic and playing of auto radios •Loud screams and crashes from inside house •Trash including broken glass left in the street • More partying and loud noises and lights • Barking /raging dogs. • Report by another neighbor of party and drugs and frightened girl. • Brief gatherings in the street with loud noise and swearing late at night • Urinating in the back yard in front of neighbors. April 1995 •excessive music noise from inside house confrontation with next door neighbor on their property • Partying until 3:00 am • one boy moved out • confrontation at the police department and drunken driving arrest May • Lots of cars at all hours of the day and night • Another boy moved out and a girl moved in • Dumping garbage in the back yard • Draining swimming pool into the back neighbors yard. • Loud music from vehicles arriving and leaving the area and confrontation with neighbor across the street. • Dumping food into another back neighbors pool. • a second girl moved in • possibly a third boy moved out and another moved in. • high frequency of traffic and new cars. • pocket pool playing until 3:00 am with door open and loud talking and laughing and lights on in lower game area. • Loud comments like "The neighbors are anal about noise". • Beer Cans and Cigarette Butts in neighbor's yard June • Day and night (into am) Swimming Pool Parties with loud shouting, swearing and, laughing. Lots of different vehicles at all hours. • Stealing fruit from neighbor's tree.