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HomeMy WebLinkAbout1997-0304 Council Mtg PACKET Important: Any citizen attending council meetings may speak on any item on the agenda, unless it is the subject of a public hearing which has been closed. If you wish to speak, please fill out the Speaker Request form located near the entrance to the Council Chambers. The chair will recognize you and inform you as to the amount of time allotted to you. The time granted will be dependent to some extent on the nature of the item under discussion, the number of people who wish to be heard, and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL REVISED March 4, 1997 I. PLEDGE OF ALLEGIANCE: 7:00 p.m., Civic Center Council Chambers. II. ROLL CALL III. APPROVAL OF MINUTES: Regular meeting minutes of February 18, 1997. IV. SPECIAL PRESENTATIONS & AWARDS: v/ 1. Presentation of 25 year Service Certificate to Police Capt. Mel Clements. V. CONSENT AGENDA: ✓/' 1. Minutes of boards, commissions and committees. 2. Monthly Departmental Reports - February, 1997. 3. Approval of Liquor Licenses for 1997-1998. 4. Approval of Findings, Conclusion and Or&,r on a seven lot subdivision under the Performance Standards Option lo_ d at 25 Westwood' SSttreet. -AD �CLr / d VI. PUBLIC FORUM: Business from the audience not included on the agenda. (Limited to 5 minutes per speaker and 15 minutes total.) VII. UNFINISHED BUSINESS: 1. Memo from City Administrator regarding use of professional engineering services through RVCOG. i VIII. NEW & MISCELIANEOUS BUSINESS: Letter from the Patrons of Lithia Park requesting that council appeal to County Board of Commissioners to reconsider allocation of Historical Tax Fund for Lithia Park Restoration (Postponed to March 18). 2. Discussion of Flood Restoration Bond issue and revised estimates for bonding. 3. Waiving of formal bidding requirements for mechanical removal of debris from Reeder Reservoir. 4. Letter from Lloyd Haines, Attorney at Law, requesting an investigation of city actions prior to and during the flood of January 1-3, 1997. IX. ORDINANCES RESOLUTIONS AND CONTRACTS: First reading by title only of "An Ordinance Amending Chapter 2.41 to Remove Mandatory Contribution and Expenditure Limitations by /Candidates for City Offices." rst reading by title only of "An Ordinance Amending Chapter 13.02 to the Ashland Municipal Code to Clarify Jurisdiction of Public Rights-of-Way Within the City." First reading by title only of "An Ordinance Providing for Declaration of /Emergencies and Authorizing the City Administrator to Order Measures in Response to Emergencies." 4. Reading by title only of "A Resolution Setting a Public Hearing on the Formation of a Local Improvement District on Fordyce Street." X. OTHER BUSINESS FROM COUNCIL MEMBERS XI. ADJOURNMENT I MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL 't PLEDGE OF ALLEGIANCE February 18, 1997 Mayor Golden called the meeting to order at 7:00 p.m., Civic Center Council Chambers. ROLL CALL Councilors Laws, Reid, Hauck, Hagen and DeBoer were present, Councilor Wheeldon was absent. APPROVAL OF MINUTES Minutes of the Regular meeting of February 4, 1997 were approved as presented. SPECIAL PRESENTATIONS & AWARDS 1. Update on status of Wastewater Plant Project by Carollo Engineering. Assistant City Administrator Scoles along with Bob Eimstad from Carollo Engineering presented status update on preliminary design and regulatory issues for the Wastewater Plant project. After review and analysis of a number of options, the facilities plan made a commitment to cease direct discharge of wastewater treatment plant effluent during the dry season when strict phosphorus limits are placed on the City's effluent. It was decided that the cost of constructing and operating advanced phosphorus removal facilities at the treatment plant was not warranted and that other options for dry season disposal and polishing were available to the City. The City will continue to discharge WWTP effluent in the wet season when no phosphorus limits are to be imposed. Carollo is continuing to coordinate with DEQ, as DEQ has not finalized its requirement for discharge to the creek in the wet season. The following requirements will be imposed on wet season WWTP discharges to the creek: 1) Secondary treatment (Qa 30 mg/1 BOD and 30 mg/1 TSS; 2) Nitrification to eliminate ammonia toxicity; 3) No phosphorus removal and 4) Disinfection and a zero chlorine residual. The facilities plan anticipated that the work to meet wet season effluent limits would be on-line by 2001. Commented on the number of innovative options that the City is pursuing for dry season disposal. Noted the current alternatives for dry season disposals as the following: 1) Wetlands and Soil Filters; 2) Discharge to TID and 3) Land Application. Felt that all these options represent a cost savings over remaining in the creek during the dry season. Identified the treatment plant improvements that are necessary to meet the wet season treatment requirements. These improvements will need to be constructed regardless of the dry season disposal/polishing options ultimately implemented by the City. Provided list of these improvements and their costs. City Council Meeting 2.18-97 1 The planned improvements to the WWTP are driven by wet season effluent limits when the WWTP is discharging to the creek. Noted that the preliminary estimated cost of the improvements to the treatment plant to permit wet season discharge to the creek represents an approximate 20% savings over the facilities plan cost estimate. There are cost savings for each dry season disposal/polishing alternative compared to staying in the creek. Each of these alternatives offers a significant cost savings compared to the cost of treatment facilities to meet the strict phosphorus limits imposed by DEQ to protect water quality during the dry season. Anticipates bringing back a draft memorandum for staff review in the near future. 2. Proclamation designating March 1997 as "Hunger Awareness Month." Mayor Golden read proclamation designating "Hunger Awareness Month". CONSENT AGENDA 1. Minutes of boards, commissions and committees. 2. Monthly Departmental Reports - January, 1997. 3. Memo from League of Oregon Cities regarding Elected Officials Workshop in Medford. 4. Mayor's confirmation of appointments to Selection Committee for Ashland Creek/Winburn Bridge Restoration Project. Mayor Golden clarified for council the selection of members on the committee for Ashland Creek/Winburn Bridge Restoration Project. The members would be; Councilor Hagen with Councilor Wheeldon as a back-up, Park Commissioner Al Alsing, a representative selected by the Watershed Partnership, Donna Zimmerman and Kate Jackson representing the Chamber of Commerce, Parks Director Ken Mickelsen, Assistant City Administrator Greg Scoles, Tom Ferraro who is a local geologist and hydrologist engineer and Sue Rolle from the US Forest Service. Councilor Reid requested that item #1 be pulled, Councilor Hauck requested that item #4 be pulled from the Consent Agenda. Councilors Hauck/Reid m/s to approve consent agenda items #2 and #3. Voice vote: all AYES. Motion passed. Councilor Reid commented on the Plaza Nomination for National Register in the Historic Committee minutes. Reid felt that in the future this nomination should be made by council. Planning Director John McLaughlin explained that this was done quickly because, if the city could get a determination of eligibility concurrent with FEMA coming into town, there would be an opportunity for additional monies available for the plaza flood restoration. City Council Meeting 2-1597 2 Councilor Hagen questioned how the RFP for the flood restoration project was Advertised. Comments from the public led him to believe that the RFP could have been more locally advertised. Assistant City Administrator confirmed the placement of information for the RFP in local newspaper. Councilors Hauck/DeBoer m/s to approve Consent Agenda items N1 and #4. Voice vote: all AYES. Motion passed. PUBLIC HEARINGS None PUBLIC FORUM John Sully/365 Granite St/Submitted to council statement to be made part of the public record concerning John Sully letter/Lantern Hill Development dated January 31, 1997. Mr. Sully's statement noted an application filed for a 6 lot subdivision on Granite Street (Planning Action 90-057) was reviewed by staff and a staff report dated April 10, 1990 was prepared and submitted to the Planning Commission. - The point of his discussion is that all of the factors noted in his statement were and are contributory to the debris/mud slide that caused all of us in the 300 block of Granite Street costly property damage. The unjustified ignoring of the April 10, 1990 Staff Report and the approval of a subdivision by the Ashland Planning Commission and City Council that did not comply with the existing hillside ordinance resulted in the debris mud slide and damage to his property, loss in property values, draining of our financial resources and much personal and family stress. Evidence noted in statement supports his contention that no mud slides occurred before the property was developed and that there would have been no mud slide if there had been no development. He believes that McLaughlin's statement is absurd and insupportable. Mr. Sully does not believe that the memorandum submitted by Planning Director John McLaughlin supports a conclusion that the slide would have occurred even if the subdivision had not been built. Fred Caruso/102 Garfield k14/Spoke regarding buildings that are in need of code revisions. UNFINISHED BUSiNFSS 1. Proposal of Mayor of "a Resolution Prohibiting Water Connections Outside the City Limits." Councilor Hauck commented that he could understand an application processing fee, but would like to see the factual justifications for the amount indicated in the resolution. Mayor Golden explained that this fee was included because of prior discussion regarding doubling system development charges and how it was felt to be difficult to justify. City CouncO Meting 2-18-97 3 rye City Attorney Paul Nolte suggested to council, that they amend the resolution to say,"on an f application processing fee set by order of the council". The council could adopt the resolution and come back with some figures to justify the processing fee. Golden explained that the processing fee was set so that there would be no burden to the tax payers within the city to provide city water outside the city limits. Nolte explained to council that the city is more free to set a fee in this regards than to set a fee on the system development charges. Council discussion regarding setting application fee of $2,000 when there is a situation where a water system cannot feasibly be repaired or improved and there is no other feasible source of water for the premises. Comments by council included health reasons that may need to be considered when allowing connection to the city water system. �i r Councilor Hauck/Hagen m/s to approve Resolution. Roll Call vote: Laws, Reid and p 1 DeBoer, NO; Hauck and Hagen, YES. Motion denied. 3-2. �i C' 11a° Council discussion on the pros and cons dealing with the application processing fee of $2,000. C' fit`' Cate Hartzelt/Requested that council set guidelines and supports dis-incentives for �➢ connection to the city water system. Mayor Golden will continue to modify the resolution dealing with water connection outside the city limits for council discussion and approval. 2. Report of ad hoe committee on Ashland Sidewalk Repair project on Highway 66. City Attorney Nolte submitted memo to council regarding the Ad Hoc Committee on Ashland Street trees. Rick Landt submitted proposal by the Ad Hoc Committee where the 19 trees that were previously recommended for removal by the committee be completed and the sidewalk where these trees are removed be replaced with ADA compliant sidewalks. Nolte stated that because this proposal brings the city into compliance within the originally proposed three year timeframe, he is comfortable recommending this to the Department of Justice. In addition, the committee recommends that the council adopt an Ashland Street plan within the next six months and direct staff to prepare and present a plan acceptable to the council for adoption within this timeframe. Nolte requested that the council consider three matters. One, if a street plan is adopted, funding for the plan has not been identified. If funding delays the implementation of the street plan, the committee proposal still moves forward by removing trees in six month City Council Meeting 2-18-97 4 intervals. Two, there is a fine undefined line between "maintenance" of sidewalks which does not trigger ADA compliance and "repair" of sidewalks which does trigger ADA compliance. And three, by breaking the sidewalk project into 6 months intervals and adding interim maintenance of filling and grinding, the costs are likely to increase. There may be offsetting cost savings, however, if some trees are ultimately not removed. Interim Public Works Director Jim Olson submitted report on progress of Ashland Street sidewalk repair which confirmed the removal of the 19 trees identified by the committee. He reported that the existing irrigation system is currently being capped and/or repaired for future use. Olson suggested that interim maintenance work be accomplished on the sidewalk beyond the initial removal of the 19 trees. In areas where upheaval is less than 1 inch, the concrete panels would be ground down. The estimated cost for grinding is $1,400.00. It is also recommended that decomposed granite be used as a temporary fill in areas that cannot be ground. The estimated cost for this work is $3,360.00. Councilors Laws/Reid m/s to adopt reports submitted on the Ashland Street trees. Voice vote: all AYES. Motion passed. NEW & MISCELLANEOUS BUSINESS 1. Mayor's appointment of Council liaison to various boards and commissions. Listing of new Council liaison appointments submitted to council for their information. Council changes to the list included, Councilor Hauck replacing Councilor DeBoer on the Historic Commission. Additional appointments for Oregon Department of Transportation is Councilor DeBoer, Regional Planning Effort is Councilor Reid and Rogue Basin Steering Committee is Councilor Hauck. 2. Adoption of Council Goals for 1997-1998. City Administrator Almquist submitted to council the following goals that were initiated during the Goal Setting Session held by the City Council on January 31, 1997. Five areas of focus were noted: 1. Continue to communicate the importance and practice of the "Valdez Principles" in all aspects of City operations, especially related to flood restoration and control projects. Ensure that the City supports the activities of the Watershed Partnership and the City Forest Commission. 2. Ensure that emergency water requirements are adequately addressed through the examination of an intertie with Talent, Phoenix and the Medford Water Commission, additional water from the T.I.D., or other sources. 3. Re-examine Flood plain and hillside areas in light of the recent flood event and modify maps appropriately. 4. Review Fire Department space needs and acquire appropriate land as opportunities arise. 5. Position the Electric Utility to remain competitive in the coming regulated electric utility environment. City Council Meeting 2-18-97 5 Council request to amend item #1 to state, "including carrying out last two items on the Valdez Principles", item #3 "and modify maps and ordinances appropriately" and item #5 should indicate "deregulated electric utility environment". Councilors Reid/Hauck m/s to approve adoption of Council goals with amendments. Voice vote: all AYES. Motion passed: ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Second reading by title only of "an Ordinance Adopting a new Transportation Element of the Ashland Comprehensive Plan and Repealing the Existing Transportation Element. Councilors m/s to approve Ordinance #2796. Roll Call vote: Reid, Hauck, Hagen, DeBoer and Laws, YES. Motion passed. . 2. Reading by title only of "a Resolution increasing the Transportation Utility Fee for the Establishment of an LID Arterial Street Assistance Account." Councilors m/s to approve Resolution #97-08. Roll Call vote: Hauck, Hagen, DeBoer, Laws and Reid, YES. Motion passed. 3. Reading by title only of "a Resolution Adopting a Heritage Street Name List." Council approved request by Councilor Reid that the name Leabow be added to the street name list. Councilors m/s to approve Resolution #97-07 with amendment. Roll Call vote: Hagen, DeBoer, Laws, Reid and Hauck, YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS Councilor Reid requested that the date set for the Electric Department sub-committee be re- scheduled. Councilor Reid shared information on deregulation and how other states are dealing with this issue. ADJOURNMENT Meeting was adjourned at 8:30 p.m. Barbara Christensen, City Recorder. Catherine M. Golden, Mayor City Council Meeting 2-1 8-97 - 6 City of Ashland MINUTES CITY COUNCIL STUDY SESSION February 19, 1996 Meetine called to order at 12:40 p.m.. Council Chambers. Attendance by Councilors Laws, Reid, Hauck, Hagen, Wheeldon and DeBoer. Staff: Brian Almquist, Greg Scoles, Ken Mickelsen, Dick Wanderschied, Keith Woodley, Paul Nolte, John McLaughlin and Barbara Christensen. Local newspaper. DISCUSSION ITEMS A. Communication Plan Dick Wanderscheid presented to council the various elements of the communication plan that the subcommittee was assigned to associate costs. Council was requested to prioritize items that have costs associated with them. Committee member Cate Hartzell commented on items that had cost estimates which she did not agree with. Felt that some of the costs may be absorbed by citizens rather than staff cost. Felt these costs were based on assumptions. Hartzell made several suggestions to the items listed in the goals. Council discussion regarding city newsletter, timely manner in mailing of newsletter and costs associated. Council discussed using newspaper quality print for the newsletter. Council agreed that there needed to be more of a package presented to council for implementation. Council requested that those individuals listed as the implementors respond to council as to whether those goals listed are possible. Also, for implementors to provide a timeline for goals. Council requested that this information be provided by the second meeting in March along with a list of meetings that the council may be invited to speak at. It was suggested that there be a line item amount put into the budget designated for communication. It was decided to bring the communication plan back to council for another study session on March 20, 1997. Joe Eckhardt, committee member suggested additional ideas for communication with the council. Supports implementing goals for the communication plan including the city newsletter. B. Selection Process for Public Works•Director Council was provided a copy of the job description and profile for the last Public Works Director along with an organizational chart for the Public Works Department. Several alternatives for recruiting candidates were provided. Council study Sa ion 2-M97 Councilor-144eel4tm requested discussion on the need to possibly re-organize the Public Works Department. Councilor Laws spoke regarding mid-management training by city administrator for better management in the divisions. Laws does not feel there is a way to efficiently breakup the department. Felt that the additional "special projects" that have a part of the department, is what makes the department top heavy. Councilor Reid requested from Scoles, different types of models used by other cities on how their Public Works Departments are structured. Council discussion regarding policy setting for management in city departments. Reid felt it was important for council to look at other models in terms of budget costs. Council discussion regarding method of recruitment. Council requested costs associated with having outside engineers signing off on plans. Council agreed to a combination of alternatives number two and three, which is to obtain a list with candidates obtained from selected recruiting firms, and after checking into this procedure, consider re-advertising with a full Westcoast/Nationwide recruitment. Meeting was adjourned at 2:05 p.m. Submitted by, Barbara Christensen, City Recorder C"unca study Smion 2-19-97 CITY OF ASHLAND MINUTES FOR JOINT STUDY SESSION CITY COUNCIL/PARKS and RECREATION COMMISSION The Ashland City Council and Ashland Parks and Recreation Commission met in joint Study Session on Tuesday, February 11, 1997 at 7 : 00 p.m. Attendance: Councilors Hauck, Hagen, Wheeldon, Laws and DeBoer. Park Commissioners Alsing, Coppedge, MacGraw, Bennett and Eggers. Staff: City Administrator Almquist, Parks Director Mickelsen and Assistant City Administrator Scoles. Parks and Recreation Director Mickelson indicated that it was his understanding that the Council had requested the joint Study Session in order for the two bodies to discuss the coordination of work related to repairing flood damage to the Winburn Way crossing, the front of Lithia Park and to other areas within the park related to the stream channel. Staff from the City and Parks outlined an approach to coordinating efforts related to the responsibilities of each entity. Staff suggested that, in consultation with the Commission, the City take the lead in items related to the stream channel from the Bandshell area in Lithia Park through Calle Guanajuato. The Commission's responsibility for the stream channel would be from the Bandshell area through the upper portions of the park. Currently, the City was preparing a Request for Proposals from consulting firms related to the stream channel. It was anticipated that the Commission would use the same consulting firm for flood related issues related to the stream channel and landslides in the upper portions of the park. Assistant City Administrator Scoles, outlined the RFP process and discussed a possible means of selecting a committee to review the proposals when submitted and to then select a consulting firm. Scoles suggested the following format for the selection committee: a Councilor, a Commissioner, a representative from the Watershed Partnership, a Plaza Business owner or property owner recommended by the Chamber of Commerce, Director Mickelsen and Assistant City Administrator Scoles. Following discussion, consensus among Councilors and Commissioners was to have this format presented to the Mayor at the next Council meeting as a suggestion coming from this Study Session. Commissioners indicated that they had already appointed Commissioner Alsing and Director Mickelsen to serve as representatives from Parks on the selection committee. Joint Study Secioo Council/Parks 2-11-97 1 Following discussion, Commissioner Eggers also made the suggestion that a representative from the Forest Service be included in the consultant selection process either by serving on the committee or as a staff resource. City Administrator Almquist briefly reviewed the affects of Ballot Measure 47 . Meeting was adjourned at 8: 30 p.m. Joint Study Session Cuurn Work+2-11-97 2 ASHLAND TREE COMMISSION MINUTES FEBRUARY 6, 1997 I. Meeting called to order at 7:05 p.m. Members Present: John McClendon (Chair) Donn Todt (Minutes) Brian Nelson (Advisory Member) January Jennings (Advisory Member) Nancy Kerr Staff Present: Robbin Pearce, Planning Department Adam Hanks, Planning Department II. Approval of Minutes - Approved. III. Guests: Alexandra Schenk IV. Old Business: A. Riparian Area Projection/Enhancement - McClendon gave report on some effects of the flood and distributed a written report. B. TID Trees - Nothing new to report. C. Highway 66 Trees - Donn reported that 19 trees were scheduled to be taken out and that many more trees would be planted on adjacent land where the city had been granted aright-of-way. D. Enforcement/Education - Adam Hanks, Code Enforcement Officer, gave a report on his duties which include enforcement of tree-related ordinances and vision clearance ordinances. After a discussion of tree and sidewalk issues, the Commission agreed with Hanks that location of adjacent street trees should be included on the Public Works miscellaneous permit which gives approval for sidewalk replacement. Donn will bring material pertinent to tree/sidewalk issues to the next meeting. E. Arbor Week Planning - Items discussed included: 1 . Jennings will work with Nancy Slocum on the Tree-of-the-Year 1 ASHLAND TREE COMMISSION MINUTES FEBRUARY 6, 1997 ceremony and public service announcements. 2. Kerr appreciated the type of ceremony at SOSC two years ago and suggested that perhaps Ashland Hills might furnish cookies for this year's event. 3. Decided the Natural History Museum was a good location for a tree planting. "Holiday Relief' trees could be used and permission has been given by the museum. 4. Jennings suggested that the Wilderness Charter School might be interested in helping plant trees. Todt will contact Eric Sandrock of Ashland Middle School to see if his students would also be interested in helping. 5. Todt will check out the possibility of Lithia Park tree walk in cooperation with the Natural History Museum. 6. Perhaps some sort of participation by Vern Crawford and Harry Huggens (Bay pipe). 7. The date for Arbor Week is April 6th-12th. 8. Wednesday, April 9th was selected as the best day for the Mayor's proclamation, but the exact day would depend on the Mayor's schedule. State Forestry will then need to be contacted with date and time. 9. Todt will order the Tree-of-the-Year plaque for last year's winner. This will need to be worked into schedule. V: New Business: A. Planning Actions: PA 97-014, 20 First Street, Dale Shostrom - Commission wondered if it was possible to save the four Italian Cypress. They are wonderful and would fit . in well with the new building. The Tree Commission also recommended a street tree waiver for the following reasons: impossible to put a tree within the sidewalk under current Site Design and Use Guidelines, it is unlikely that a tree would meet ADA standards of access on the sidewalk, and because of the narrowness of the space, the survivability of a tree would be in doubt because of head-in parking. VI. Meeting adjourned at 9:00 p.m. 2 ASHLAND HISTORIC COMMISSION Minutes February 5, 1997 CALL TO ORDER The meeting was called to order at the Ashland Community Center by Chairperson Jim Lewis at 7:40 p.m. Members present were Jim Lewis, Terry Skibby, Joyce Cowan, Vava Bailey, Keith Chambers (arrived at 8:30), Bill Harriff (left at 9:48), and Cliff Llewellyn. Also present was Associate Planner Mark Knox and Secretary Sonja Akerman. Members Curt Anderson and Larry Cardinale were absent. APPROVAL OF MINUTES Cowan moved and Llewellyn seconded to approve the January 24, 1997 Minutes as submitted. The motion was unanimously passed. STAFF REPORTS Planning Action 97-014 Site Review 20 South First Street Dale Shostrom/Shostrom Bros. Ltd. Knox stated the applicant is requesting permission to demolish the existing structure at this location and replace it with a two-story building. The first floor will be used for retail space and a dwelling unit will be located on the second floor. He explained the applicant first came in with the intention of saving the existing building, however, it was discovered a second story could not be structurally supported. Knox noted Shostrom had been to the Review Board several times. He also said Staff is in support of this application. When asked, Knox clarified the building is designated as "compatible" on the City of Ashland Heritage Landmarks List. Lewis questioned the material in the rear of the existing building. Dale Shostrom answered it is six inch hollow masonry. containing no rebar. When asked about the different elevations in the packet the Commissioners received, Shostrom explained he submitted simplified versions of the elevations for cost projections. Knox said the version Staff has approved is the one with the columns. Shostrom related the building will have a tinted sand stucco finish. When Lewis asked about foundation colors, Shostrom said the columns will be darker. Skibby recalled the Review Board members liked the projected (bay) window on one of the elevations they saw. Shostrom then said he had drawn another version which would eliminate the gables and utilize five vertical 18 inch windows in a slight bow. This would also change the flat opening over the door to a slight bow. The Historic Commission agreed this will be a nice looking building. Bailey added the existing building doesn't fit in now and the proposed one will be more compatible. After Llewellyn asked, Shostrom stated the stairway to the second story will be located on the left side of the building. Shostrom then asked if the Commission had a preference between the approved version or the one with the bay windows. The Commission agreed either would be acceptable, noting the final plans will go before the Review Board. Knox stated only the one version has been approved by Staff, but there is allowance for slight modifications. Harriff moved and Llewellyn seconded to recommend approval of this application to the Planning Commission. The motion passed unanimously. Planning Action 97-016 Site Review 872 "B" Street Dan Heller This application, Knox said, has not been formally noticed, however, the owner was present for Commission input. He related the owner's proposal is for the construction of a third single family residence to be located on the property. , It will be 1,636 square feet and two stories. The application meets the density requirements. Knox conveyed the owner wants to know if it is a supportable design, and if so, he said Staff can process it as a Staff Permit (20 day process). Knox declared the main concern of Staff and the Historic Commission is the amount of rock work proposed. The owner is a stone mason and he would like to do the entire first story in rock. The existing rock wall serving as a front yard fence, however, is too high and no permits were obtained; therefore, it is illegal. With this existing wall and the rock on the house, it is the general consensus there would be too much rock. Knox explained the Planning Staff is aware of the illegal fence and is working on it, and the Commission needs to discuss the house only. Harriff commented the proposed house would be a beautiful country home, but not a city home. He would like to see a streetscape of elevations, as he finds the house. (as drawn) to look out of place. Dan Heller stated he designed a Craftsman house so it would fit into the neighborhood and not that much will be seen from the street anyway. The rock work, he added, will be gorgeous. Lewis asserted the City has adopted the Site Design and Use Standards and one of the criteria is a "sense of entry'. He said he is concerned because this is not depicted in the front elevation. He also noted most rock work on Craftsman homes is used in the front porch, pillars, and foundation with a mixed media. It would be rare to see so much rock work in a Craftsman design. Skibby added there are several stone houses in Ashland, but Ashland Historic Commission Minutes February S, 1997 Page 2 they are not built with the river rock Heller will be using, and he hasn't seen one where an entire story consists of rock. Heller said this seems to be such a subjective thing. He designed the house to fit in the Railroad District and he also does rock work. He would like everyone to see the situation through his eyes. Skibby acknowledged the house would reflect Heller's trade, and looking at it from a historical aspect, the house would be unique and it would have its place in history. Steve Sacks, 259 'B" Street, stated there is something to be said for individuality. This house will be more unique and it will stand out in 50 years. Hh asked if everything has to remain the same. Heller, he said, is a stone mason and it would be interesting to have this type of variation. He remarked a lot of new houses in the neighborhood are boring. Bailey said it seems like a lot of stone. She also commented the alley elevation seems more like the front elevation and suggested more windows, a door, or more shingles to improve the front elevation. She also asked if he would consider keeping the rock to window height. Heller maintained he would like to have everything on the front lower story to be rock. He added he and his wife live off the alley so they want the south elevation to look more like the front. He then appealed to the Commission's emotional side and said the house really , means a lot to himself and his wife and to change the plans would be very difficult. (Chambers arrived at this time.) Harriff said he would prefer less stone, but if concessions are made on Heller's part, he may be able to go along with it. The appearance from the front of the house needs a sense of entry, and he asked Heller to redesign this elevation. Skibby agreed. Llewellyn said he also thought the house could be attractive and admired with a larger entry in front. Shostrom, who is a designer, stated he has studied stone houses and built one a few years ago. The problem is the elevations are not as complete as they could be. When he looks at a stone building, he needs to see the stone relates to something above it. There needs to be a transition of the stone to the gable. A lentil or beam or something similar is missing. It needs to show the rock is supporting something, and it needs a massive feeling of the roof. He said this design can work in a city with some changes. It looks as though the proposed rafters are 2 x 4 and they should be at least 2 x 6 or 2 x 10. It is also important to keep in mind what leads to an entry — the pathway, separate roof, half walls, etc. He added he likes the way the proposed entry gives privacy. Knox stated he agrees with Shostrom about the massiveness of the rock and what is holding it up. He still feels the porch itself is lacking dimension, as you rarely see a porch less than six feet. Heller said because they are on a tight budget, they had to compress everything. His existing house has a four foot porch and he thinks it would also work on the new house. He noted he doesn't use the front porch anyway. Knox declared Staff is just as passionate Ashland Historic Commission Minutes February 5, 1997 page 3 about a sense of entry and functional porch as Heller seems to be about the design of his house. He argued maybe the next owner would use the front porch. Heller contended they live their lives in the back yard and all they need is four feet. Chambers interjected that although this will be his house and his money, it will eventually become Ashland's heritage. Even if Heller doesn't see the value of a porch for himself, it is a value for Ashland. The porch says something. Also, if it is going to look Craftsman, it should have a larger porch. Bailey added since the existing rock wall will be opened up for the entry into the new house, the front will be more exposed and they may find themselves using the porch more than they think they will. (Harriff left at this time.) Heller agreed he would make the porch two feet larger. Lewis stated it would help if at least the north (front) elevation could be drawn to a 1/4 inch scale with details. He also said the larger beams could be pseudo and should not incur much more expense. Chambers agreed and remarked if the porch is enlarged and mass is added to the top, Heller should be able to get the house to fit in better. It will be unusual, and he would like to see it unusual "good", rather than unusual "bad". Llewellyn said he would like to see horizontal lines between the rock and the rafters. Chambers also noted that one of the reasons Ashland and Medford have such beautiful buildings is because the owners have stepped just a little over budget and never regretted it. Lewis agreed, but said they are not talking about a lot of money. Shostrom stated he thinks the porch needs columns. This would give an openness and would offer a subtle transition between the outside and inside. It would also be more Craftsman. He added 6 x 6 or 8 x 8 beams would give more sense of scale to the house. All members agreed Heller needs to submit elevations drawn to scale that show more detail, including width of trim. Heller will then come back to the Review Board with his drawings. The Commission gave the Review Board permission to sign off on the design if Heller incorporated suggestions made by the members. BUILDING PERMITS Permits reviewed by members of the Historic Commission and issued during the months of December and January follow: 190 Oak Street Sarah & Al Berman Comm/Res Bldg 46 Union Street Eric Laursen Remodel 155 Third Street Art Burnston Interior Remodel 153 Sixth Street Gloria Stone Interior Remodel 430 Holly Street Merrill Smith Front Porch Addition Asldand Historic Commission Minutes February 5, 1997 Page 4 421 "A" Street Grange Co-op ADA Ramp/Planter 15 S. Pioneer Street OSFA Reroof 219 Almond Street Sharon & John Javna Addition/Remodel 258 "A' Street Carol Baptist Interior Remodel 488 North Main Street Harriet Maher Garage Addn/Remodel 541 Fairview Street Vito Nico Replace Foundation 120 East Main Street Starbuck's Coffee Sign (2) 67 East Main Street Wells Fargo Bank Sign (2) 397 East Main Street Avant Garb Sign 233 Fourth Street Arura Clinic Sign 625 "A" Street Jega Gallery Sign 40 North Main Street Ichiban Orient Express Sign 258 "A" Street Whistle Stop Cafe Sign In addition, flood damage permits were issued to 84 North Main, 31 Water, 57 North Main, 47 North Main, 29 North Main, 27 North Main, 5 North Main, 21 Winburn Way, 11 North Main, 41 North Main, 7 Winbum Way, 35 North Main, 49 North Main, 53 North Main, 55 North Main, 51 North Main, 37 North Main, 31 North Main, 10 Calle Guanajuato, 15 North Main, 25 North Main, and 47 North Main. REVIEW BOARD Following is the schedule (until the next meeting) for the Review Board,which meets every Thursday from 3:00 to at least 3:30 p.m. in the Planning Department: February 6 Skibby, Cowan and Bailey February 13 Skibby, Cowan and Bailey February 20 Lewis, Bailey and Skibby February 27 Skibby and Lewis OLD BUSINESS Project Assignments for Planning Actions PA # Address Person(s)Assigned 96-063 62-66 East Main Street Terry Skibby 96-075 265 North Main Street Vava Bailey 96-071 248 Eighth Street Curt Anderson 96-058 264 Van Ness Avenue Jim Lewis 96-098 190 Oak Street Vava Bailey 96-086 685 "A" Street Curt Anderson/Jim Lewis Ashland Historic Commission Minutes February 5, 1997 Page 5 96-110 499 Iowa Street Joyce Cowan 96-112 249 "A" Street Jim Lewis 96-9139 545 "A" Street Terry Skibby 97-014 20 South First Street Joyce Cowan NEW BUSINESS Discussion Knox then discussed the role of the Historic Commission. He pointed out everything the Commission does helps guide people into appropriate compatible designs for their projects. This is currently in a recommending capacity. The Commission also needs to remember to base its decisions on facts and the criteria in the Site Design and Use Standards. When approval or denial decisions are made, the conditions need to be justified. There are limitations on everything and laws governing how much you can impose on someone. Knox . and the Commission agreed the City needs infill guidelines, especially in the Historic District. ADJOURNMENT With a motion by Chambers and second by Llewellyn, it was the unanimous decision of the Commission to adjourn the meeting at 10:25 p.m. Ashland Historic Commission Minutes February 5, 1997 Page 6 City of Ashland PARKS AND RECREATION COMMISSION REGULAR MEETING MINUTES January 28, 1997 ATTENDANCE: Present: Al Alsing, Bob Bennett, Teri Coppedge, Joanne Eggers, Laurie MacGraw, Director Ken Mickelsen. Absent: None I. CALL TO ORDER Chair Coppedge called the meeting to order at 7:00 p.m. at the Department Office, 340 S. Pioneer Street. II. ADDITIONS OR DELETIONS TO THE AGENDA None III. APPROVAL OF MINUTES A. Regular Meeting - December 16, 1996 Commissioner Alsing indicated a correction to the minutes on page two which stated that Patricia Adams' terms of office with the Commission began in 1885; he said he believed it was 1985. The other Commissioners concurred. MOTION Commissioner MacGraw made a motion to approve the minutes of the Regular Meeting of December 16, 1996 as corrected. Commissioner Bennett seconded. ° The vote was: 5 yes - 0 no IV. REVIEW OF FINANCES A. Approval of previous month's disbursements Commission MacGraw made a motion to approve the previous month's disbursements as indicated by checks #15156 through #15393 in the amount of$207,852.07. Commissioner Alsing seconded. The vote was: 5 yes - 0 no V. PUBLIC PARTICIPATION A. Michael O'Brien - fund raising for Lithia Park restoration Michael O'Brien and Lana MacGraw Boldt were present in the audience to request that the Commission endorse a newly formed ad hoc committee which is interested in pursuing fund raising activities to benefit the restoration of Lithia Park. He indicated that he had been in contact with Director Mickelsen and Commissioners Alsing and Eggers previously to discuss the idea. He said that the committee was made up of several persons who had skill and knowledge in researching and writing grants. They were asking for the Commission's endorsement to speak on their behalf when contacting people about grant opportunities. Regular Meeting - January 28, 1997 Page 2 Ashland Parks and Recreation Commission Fund raising for Lithia Park - CONTINUED Consensus among Commissioners was that the committee would be very helpful in determining such grant opportunities. MOTION Commissioner Alsing made a motion authorizing the committee, in coordination with the Department Director, to research and write grant proposals on behalf of the Commission. Commissioner Bennett seconded. In discussion of the motion, it was stated that after the Commission had identified various specific projects, the committee would then seek grant funding to help assist with the cost of those projects. Commissioners Alsing and Eggers volunteered to work with the committee and Director Mickelsen would act as staff liaison providing whatever support and information the committee would need from the department. The vote was: 5 yes - 0 no B. Grant opportunities for the natural area of N. Mountain Park Linda Chesney and Kari Tuck were present in the audience to request authorization from the Commission to explore three grant opportunities related to the natural area of North Mountain Park. Following an overall presentation on the three grants, the Commission chose to address each one separately. The first is a small grant of$1,500 offered by the Oregon Parks Foundation which required no matching funds and would be used to purchase materials to construct a boardwalk and.interpretive signing so that the creek could be accessed without damage to the riparian area. MOTION Commissioner Eggers made a motion to approve application for the DIACK grant offered by the Oregon Parks Foundation as presented. Commissioner MacGraw seconded. The vote was: 5 yes - 0 no The second grant is being offered by the Governor's Watershed Enhancement Board (GWEB) and the $15,000 amount which would be requested required no match funds. It was anticipated that this grant would be used for tasks such as interpretive displays, development of a mentor training program, and "classroom kits" which could be used in pre-field trip activities. MonON Following brief discussion, Commissioner MacGraw made a motion to approve application for the GWEB grant as presented. Commissioner Alsing seconded. The vote was: 5 yes - 0 no The third grant is being offered by the EPA Environmental Education Grant Program. It would be used to help fund monies for a coordinator who would development site specific programs for not only North Mountain Park but perhaps other parks within the Regular Meeting - January 28, 1997 Page 3 Ashland Parks and Recreation Commission Grants for N. Mountain Park - CoNnNUED system. The amount which would be requested is $10,000 requiring a 25%" match which could include in-kind dollars. In response to inquiries from Commissioners about the advisability of establishing a paid coordinator position for environmental education prior to a final plan being adopted, Ms. Tuck indicated that this grant would be an interim opportunity to provide a means to pay someone to work with all the groups which want to do something in the area now. MOTION Commissioner MacGraw made a motion to approve application for the EPA grant as presented. Commissioner Eggers seconded. The vote was: 5 yes - 0 no C. Jim Young - Lithia Artisans' Guild Mr. Young was present in the audience to encourage the Commission to be far-sighted about restoring the Calle Guanajuato area as it relates to the 1997 flood damage. He said he knew that the Commission was aware of how important the area was to the local craftsmen as well as to the merchants and restaurants on the plaza. Assuming that major work would possibly be done in the area because of stream channel considerations, he asked that the Commission keep in mind an overall restructuring of the area which might make it more functional and more pleasing as an urban park. He said he was anticipating an approach which would include input from all parties with an interest in the area; the City, Park, adjacent businesses and the Guild. Commissioners expressed thanks for the Guild's interest and indicated that when it came to the planning process for restoration of the Calle that they would keep the Guild informed. In response to a question from Mr. Young, Director Mickelsen indicated that as far as this summer was concerned, he did not believe that any promises could be made at this point in time. Because of the impact of the Winburn Way crossing to the area, the City's timeline would take first priority concerning access to the area. Commissioners indicated that if the City's timeline does not conflict with the marketplace's season that perhaps the area could be "dusted off" and used "as is" this year. VI. OLD BUSINESS None VII. NEW BUSINESS A. Election of 1997 Officers By unanimous vote and consent of those nominated, the following Commissioners were appointed to serve as officers: Commissioner Coppedge, Chair; Commissioner MacGraw, Vice-Chair; Commissioner Alsing, Finance Officer. Regular Meeting - January 28, 1997 Page 4 Ashland Parks and Recreation Commission B. Review of bids for slash removal - Siskiyou Mountain Park Commissioners review a bid tabulation form for slash removal from Siskiyou Mountain Park. Four firms had bid, the lowest bid from Hernandez Reforestation. Superintendent Gies said that the Department has not previously worked with this firm but that their references had been thoroughly checked. Staff recommended selecting the low bid. MOTION Commissioner Alsing made a motion to select the bid submitted by Hernandez Reforestation. Commissioner MacGraw seconded. The vote was: 5 yes - 0 no C. Update on flood related items (FEMA) Director Mickelsen reported that there was a lot of good news related to the flood damage. First, it appears that FEMA regulations have changed since the 1974 flood and that at least some of the repair to the park will be eligible for the 75% reimbursement. He also reported that the major bridges had been examined by a structural engineer and were found sound. Early in February the FEMA representatives will be in southern Oregon and staff will be able to learn more at that time about delineating projects and what kind of work will be eligible. D. Selection of landscape architect Commissioners reviewed a memorandum regarding coordination with the City on those portions of flood damage where there will be overlapping responsibility when it comes to restoration and repair. Primarily, joint considerations will need to be made regarding the stream channel as it flows from approximately the playground area through Calle Guanajuato. Director Mickelsen indicated that both City and Department staff were recommending that the City take a leadership role along this lower stretch of the creek and that the Commission take responsibility for the balance of the creek through the upper park. A section of the City's RFP would include guidelines for working with the Commission and a landscape architect selected by the Commission on the flood damaged areas under its jurisdiction. Department staff recommended that the scope of work with Cameron, McCarthy and Gilbert be expanded to include this flood related work similar to the guidelines set for N. Mountain Park. An alternative would be to go out with a separate RFP to select a landscape architect under separate contract for the flood work. Commissioner Coppedge indicated that having had the experience of working with Brian McCarthy on the N. Mountain Park project she would have total confidence that he would do an excellent job for the Commission in this regard also. Commissioner Eggers said that she would prefer to write a separate RFP for the work related to the flood indicating that she would like the opportunity to see what firms would submit proposals and that perhaps the community would be better served by selecting a local firm due to travel time and associated costs. Kate Hartzell, present in the audience, said that she was particularly interested in employing locally if possible. She said that dollars spend locally multiply in their benefit to the community and that FEMA monies will go further if spend locally. Regular Meeting - January 28, 1997 Page 5 Ashland Parks and Recreation Commission Landscape architect - CONTINUED Commissioner MacGraw indicated that she honored that point of view but considering the outstanding job which Cameron, McCarthy has done for the Commission in working with the community regarding the N. Mountain Park design her preference would be to expand that scope of work and continue to use Brian McCarthy's services. MOTION Commissioner Alsing made a motion to expand the scope of work with Cameron, McCarthy, and Gilbert, and in particular Brian McCarthy, to.include landscape design work which may be needed related to flood restoration in Lithia Park. Commissioner Bennett seconded. The vote was: 4 yes - 1 no (Eggers) VIII. COMMUNICATIONS and STAFF REPORTS Director Mickelsen reported that in November the Commission had voted to increase the ice skating rink fees by 50 cents for Open Skate and 50 cents for Skate Rentals effective February 1, 1997. Because February is right around the corner, he wanted to confirm with the Commission that it still chose to have the fees increased at that time. He said that revenues from the rink are are far exceeding the projections, and, that it appears that the rink will be self-supporting including all operational costs this year. During a lengthy, dynamic discussion Commissioners reviewed the basis for their decision the previous November. Primarily, the decision had been made to increase the fees in order to preclude future problems which may develop due to Ballot Measure 47 because adjusting the fees prior to "47" taken affect could help keep the facility viable in future years. Considering the fact that even with an increase in fees the cost to skate would still be much less than in other similar facilities in Oregon, in November, Commissioners felt it would be prudent to increase fees if Measure 47 passed. Conversely, Commissioner Bennett indicated that he felt that because the ice skating rink was doing so well that there was not a need to increase fees at this time and that it would be very poor public relations to do so. MOTION Commissioner Alsing made a motion to proceed with the increase of 50 cents for Open Skate fees and Skate Rental Fees effective February 1, 1997. Commissioner MacGraw seconded. The vote was: 3 yes - 2 no (Bennett, Eggers) IX. ITEMS FROM COMMISSIONERS Chair Coppedge indicated that with the other Commissioners' approval she would like to appoint Commissioner Alsing and Director Mickelsen as the representatives from Parks in the selection process related to the RFPs to select a hydrologic engineering firm. The other Commissioners concurred with the appointment. Regular Meeting - January 28, 1997 Page 6 Ashland Parks and Recreation Commission X. UPCOMING MEETING DATE(S) and PROPOSED AGENDA ITEMS Commissioners reviewed upcoming meetings which have been scheduled. Budget Study Sessions have been scheduled for Monday, February 3rd, 10th, and possibly the 17th if needed. Commissioners set a Special Meeting for February 3, 1997 in advance of the Budget Study Session in order for the final design for the Wetland's Pilot Project to be presented. Director Mickelsen said that he had been contacted by City Administrator Brian Ahnquist indicating that the City Council has requested a joint Study Session in order to discuss coordination of flood restoration efforts near the front of the park. Commissioners indicated that they could be available on either of the two Tuesdays in February in which the Council was not already meeting. The next Regular Meeting was set for Monday, February 24, 1997. XI. ADJOURNMENT With no further business, by consensus, Chair Coppedge adjourned the meeting. Respectfully submitted, 4J1(' Ann Benedict, Business Manager Ashland Parks and Recreation Department City of Ashland PARKS AND RECREATION COMMISSION SPECIAL MEETING MINUTES February 3, 1997 ATTENDANCE: Present:. • Al Alsing, Bob Bennett, Teri Coppedge, Joanne Eggers, Laurie MacGraw, Director Ken Mickelsen Absent: None I. CALL TO ORDER Chair Coppedge called the meeting to order at 4:00 p.m. at the Department Office, 340 S. Pioneer Street. II. PUBLIC ACCESS TO WETLANDS PILOT PROJECT Paula Brown and representatives from the design firm for the Wetlands Pilot Project on the Greenway presented the final design for the project and asked the Commission to approve those aspects which related to public access and the aesthetics of the area. She indicated that if the Commission approved the design as presented this evening that only if DEQ required any major changes did she anticipate the need to come back to the Commission. The construction phase is on a very tight timeline with the anticipated completion date being set for May 1st. MOMN Having reviewed and discussed the various aspects of public access related to trails and overlooks as well'as aesthetics pertaining to plant mixes outside of the official study area, minimal fencing except where necessary for the security of the project, and the concept of interpretive signing, Commissioner MacGraw made a motion to approve the design as presented. Commissioner Bennett seconded. The vote was: 5 yes - 0 no III. REVIEW OF ICE SKATING RINK FEES Commissioner MacGraw said that she had contacted Chair Coppedge to ask that an item be placed on tonight's agenda which would allow the Commission to review its decision to increase the ice skating rink fees. She said that she has received significant comment from the public indicating that, in light of the community's efforts in raising monies for the rink and the "magic" which that cooperative effort generated between the City and the community, increasing fees in the middle of this first year has appeared "money grubbing" to much of the community. She said that although she believes the Commission approved the increase with the good intentions of safeguarding cash flow for the rink in future years and possibly offsetting other recreational program expenses Special Meeting - February 3, 1997 Page 2 Ashland Parks and Recreation Commission Review of ice skating rink fees - CONTINUED due to the limitations which may be imposed due to Measure 47, she now would lean more towards protecting the community's good feeling about the facility rather than toward trying to protect against the as yet uncertain affects of Measure 47. MOTION Following brief discussion among Commissioners and the three audience members present, Commissioner MacGraw made a motion to rescind both the November 1996 and January 1997 motions regarding increasing ice rink fees this year, Commissioner Alsing seconded. The vote was: 5 yes - 0 no IV. FUND RAISING PROJECTS for Restoration of Lithia Park Director Mickelsen said that he had asked Chair Coppedge to place this item on the agenda as staff needed some guidance from the Commission regarding requests from businesses or individuals who were interested in fund raising projects to help with monies for flood restoration for Lithia Park. Specifically, he had been contacted by one business who wanted to produce a "Lithia Park" candy bar and then to donate a portion of the proceeds to the Department to be used for flood restoration. He said that he wanted some guidance from the Commission as to how much it would support or become directly involved with such a project or fund raising effort. Following discussion, by consensus, Commissioners indicated that they would not object to such fund raising efforts but neither would they give formal endorsement. If individuals or groups wanted to sell products indicating that all or part of the proceeds would go to the restoration of the park, the Commission would be appreciative of their efforts and would accept the donations. However, it would be up to the individual or business itself to accept the responsibility of making the donation if it sold products or sponsored activities indicating that it was going to do so. V. ADJOURNMENT With no further business, by consensus, Chair Coppedge adjourned the meeting. Respectfully submitted, Ann Benedict, Management Assistant Ashland Parks and Recreation Department CITY OF ASHLAND {•oF`ASy�,! Department of Public Works 0 Public Works Administration a MEMORANDUM .0 EGO"�,10 ,y H�l DATE: February 18, 1997 TO: Mayor and City Council FROM: James H. Olson, Acting Public Works Director RE: Public Works Department Monthly Report Attached is the monthly report from the Street Division, Water Quality Division and Engineering Division for the month of January, 1997. (a\pwV nonthlyj.rpt) City of Ashland Street Division January 1997 Report SWEEPER: Swept 246 miles of streets. Collected 193 yards of debris. Responded to 91 utility location requests. NEW YEARS DAY FLOOD: Hauled in several thousand sand bags and several hundred tons of sand. (had 3200 sand bags and 80 tons of sand in stock, but didn't last long). Responded to numerous requests for help: water diversion, sand bags, etc. Repaired washed out streets: Strawberry, Alnutt, Westwood, Scenic Drive, Alta and lower Grandview Drive. Used 44 yards of 4" shale, 37 yards of 1Y2" rock and 20 yards of % minus. Began hauling material from Winburn Way and the Plaza. Thus far: 3060 yards. Cleared the Loop Road of slides between Waterline Road and Morton Street. Hauled off 2 loads of wood debris and 268 yards of mud. Repaired the driveway at 339 Wightman. Assisted business owners on the Plaza. Hauled 96 yards of 11/2" rock and 20 yards of sand to contractor on Water Street at 'B' Street. Cleaned up slides on Waterline Road: Hauled 6 loads of retaining wall rock to our 'B' Street yard and 264 yards of spoil to a dump site. Cleaned out culvert under Winburn Way: Approximately 500 yards of silt and rock. Worked 4 days with a Bobcat: (3 people). Cleaned up Calle Guanajuato Way: Hauled off 34 loads of litter, furniture, silt, etc. Cleaned out Granite Street Reservoir: Hauled off 575 yards of silt and rock. Began repairing the Loop Road from Terrace to Glenview: Hauled off 80 yards of debris and hauled in 12.18 tons of 4" shale rock. Repaired the road shoulder and the last driveway on lower Fordyce. Repaired several alleys: Hauled off 20 yards of spoil and added 65 yards of 1Y2' rock. Repaired wash-out on Vista: 42 yards of 4" shale and 5 yards of 2 sack slurry. Hauled 35 yards of sweeper debris to dump site. Cleaned up slide debris from Lantern Hill: Hauled off 420 yards of silt and debris. Also constructed a berm per direction. Cleaned up slides on Glenview Drive: Hauled off 30 yards of silt and debris. Began raising manholes and valves in conjunction with our re-surfacing program. So far: 2 manholes and 5 valve boots. STORM DRAINS: Flushed and/or rodded several storm drain systems. Cleaned off catch basin grates. Cleaned out catch basins. Re-set the culvert across a driveway off of lower Fordyce. Back-filled with 40 yards of 4" shale rock and repaired the driveway with 10 yards of 1Yz" rock. Filled in the open ditch on 8th and 'A' Streets for future bike path. Installed two 26- foot, 24-inch pipes and back-filled with 20 yards of 4" shale and 10 yards of 1 Yi' rock. Elkader/Pinecrest Terrace storm drain wash-out: Project includes 100 ft. of 24-inch, 48 feet of 18-inch, 20 feet of 15-inch and two 15-inch T's. Also 40 yards pit-run shale, 60 yards 1Y2" rock, 20 yards of large rock for rip-rap and 8 yards of slurry. AIRPORT STORM DRAIN: Project includes replacing 540 ft. of old 18" concrete pipe with 540 ft. of 30" pipe, installing a new 200 ft. 12" storm drain and 4 catch basins. IOWA off MOUNTAIN: Storm drain failure undermined huge area of the street. Hauled off 5 loads of asphalt and 110 yards of spoil. Installed 62 feet of new 24" P.V.C. pipe, 8 yards of concrete and 16 yards of slurry. This happened on Friday, January 31st, and will continue this in next months report. SIGNS and PAINT: Reset the "Stop" signs on Van Ness at Water Street and at Oak Street due to construction. Made 2 signs for Winburn Way for crossing at Ashland Creek: "RESTRICTED ACCESS-NO TRUCKS-BUSES-RV'S. Repaired the sign on the Beaver Slide at Water Street. Re-painted some Handi-Cap, yellow and green curbs on the Plaza. Picked up several signs from around town. MISCELLANEOUS: Picked up a wood stove at 795 Oak Knoll Drive for the Conservation Department. Picked up several dead animals. Took 2 manhole rings and lids to Wimer/North Main for contractor. Held monthly safety meeting. City of Ashland Fleet Maintenance - January 1997 Report Three mechanics completed work on 135 work orders on various types of City equipment and vehicles. The emergency generators at City Hall and the Civic Center were manually tested on a weekly basis. I and M certificates issued for the month of January: 0 Water Quality Division Monthly Report January 1997 The following is a report of the collective activities of various sub-divisions within Water Quality Division. This report only concerns the significant activity within the Division. WATER: Flood: Turned all meters off and later had them all turned back on, with only minor damage done by the volunteers. Repaired main line break at Siskiyou which we lost 100,000 gallons an hour for 5 hours. Had contractor repair main lines at: Clay Street, Granite Street and Water Street. Removed 100' of 8-inch water line and redid valving and blocking at Winburn Way. Cleaned, filled and flushed entire distribution system with chlorinated water, sampled and came back on line. Repaired Water Street services washed out during the flood. Leaks: Repaired eight leaks in customer service line or meter. Repaired three main line leaks with each having to be shutdown to be repaired. Meters: Installed twenty-seven 3/:' meters with hand valves. Changed out seventeen 3/:' meters and one 1'/=" meter. Services: Installed four %" water services, installed new 2-inch water service to the building at the Hillah Temple due to the flood. Split one %" service into two -1/4" services. Relocated air valve at 2009 Crestview. Mains: Tied in water lines at Grandview and Sunnyview and placed them into service. Chlorinated and placed into service a new line at Ivy Lane. Installed PRV vault at Mistletoe and dropped in the device but have not tied in yet. Relocated fire hydrant at North Main and Wimer due to handicap access. Miscel- laneous: Changed out six broken curb stops on meters. Repaired leak in Iron Mike drinking fountain and unplugged drain lines. Installed %" hand valve. Pump Stations: Performed weekly inspection and maintenance on four booster pump stations, and drinking fountains. SEWER: Repairs: Made repairs to one sanitary service line/main. Responded to one main line plug. Responded to two service calls. Main- : tenance: Jet rodded 8,901' of City sewer mains using 20,000 gallons of water. Video inspected 664.8' of City sewer mains. Repaired various lines and pump stations due to the flood. TREATMENT FACILITIES: The Water Treatment Plant treated 53.533 million gallons of drinking water for our community, and the Water Pollution Control Facility treated 64.75 million gallons of water. MISCELLANEOUS: There were 91 requests for location of water and sewer utilities during January. ENGINEERING DIVISION MONTHLY REPORT January, 1997 1. Issued 14 Street Excavation permits. 2. Issued -0- Miscellaneous Construction permits with inspections. 3. Issued 1 Address Change or Assignment form. 4. Responded to 18 Certificates of Occupancy reviews. 5. Completed 4 Pre-applications for Planning Actions. 6: Completed 12 "One-Stop" permit forms. 7. Performed field and office checks on 1 partition plat & subdivision plat. 8. Conducted 2 traffic safety site inspections. 9. . Attended Traffic Safety Commission, Forest Commission, Bicycle Commission, Airport Commission Meetings; and City Council Meetings. 10. Assisted other Public Works crews in flood clean-up. 11. Organized and coordinated the efforts of the following contractors on flood related projects: a. Wayne Christian Corp. b. Quality Rock C. Burl Brim Construction d. LTM Inc. e. Kogap Inc. 12. Directed the following flood restoration projects: a. Hersey Street bridge repair b. Water Street clean-up and repair C. Helman Street sanitary sewer repair d. N. Mountain Avenue sewer line repair e. Nevada Street bridge repair f. Clay Street water line repair g. Ashland Canyon Road repair h. Waterline Road wash-out repair L Granite Street repair PAGE 1-(cxngiM Amonthly.RpQ 13. Assisted Accounting staff in determining flood costs. 14. , Began work on the design of the Bluebird Park retaining wall. 15. . ' Met with personnel from the Division of State Lands to acquire permits for flood remediation. 16. Worked with F.E.M.A. representatives to view and rate flood repair sites. 17. Provided AUTOCAD map and/or drawings for the following departments: a. City Council (1) b. Planning (5) C. Engineering (1) d. Risk Management (1) e. Roca ad hoc Committee (3) f. Teen Center (1) g. Police Department (7) 18. Updated traffic accident data base. 19. Met with ODOT and Federal Highway staff to organize federal flood assistance. 20. Inspected work performed by contractors in numberous flood restoration projects. 21. Acquired two excavation permits from Jackson County. 22. Performed the following work on the Indiana Street realignment project: a. Reviewed preliminary plans. b. Discussed project with engineer and ODOT personnel. 23. Performed the following work on the 1996 Miscellaneous Concrete Project: a. Issued notice to proceed. b. Inspected work performed by contractor. C. Prepared progress payment. 24. Performed the following work pertaining to Mountain Meadows Subdivision: a. Prepared interim progess payment authorizations. b. Inspected work performed by contractor. PAGE 2-(c:nginxr\=nth1y.Rpt) MONTHLY ASHLAND POLICE R E P O R T Vol.2 No. I Linda Hoggatt,Editor January, 1997 Modern Technology, isn't Calls for Service it wonderful! Jan 97 Jan 96 Police 657 677 Everyone has been told that crime doesn't Medical Calls 181 56 pay and you's also heard that big brother Fire Calls 36 15 is watching; but, have you heard the storey Pass Off"' 25 about the guy that caught himself? 911 Calls 564 Ok, a new year; "(to another 911 center) , Recently a citizen brought a video tape to so lets start out our department wanting to make a Each month the Training officer submits with a twister! complaint about the owner of the tape. In total training hours for the department. I reviewing the tape, detectives found the will be supplying total hours (232 for A man and a woman are in. owner of the tape had video taped himself January) on an ongoing basis and try to their apartment having an and his friends using and purchasing mention from time to time those training argument. He pulls out a narcotics. activities that are of special interest. shot gun and fires the gun, missing the woman sending During the investigation another crime to the bullet through the lite for which detectives have charge and window and killing his son. obtained a conviction on the owner of the tape for delivery and possession of a A young man having had an controlled substance (methamphetamine) argument with his mother, and endangering the welfare of a minor. earlier in the day,was distraught and jumped off an He has been sentenced to 18 months eight story building. Now let me explain to you Crime Statistics: Remember your first day that the son killed by the at school with a new bullet and the man jumping ***January*** off the building are the same PART 1 1997 1996 teacher....just try being person and the parents the teacher. apartment is on the fourth Homicide floor. Robbery 2 January was the kick off of Ashland's first rY School Resource Officer program- Officer The Police Department wish Agrglary ult Teri DeSilva walked onto the Ashland to charge the father with a Burglary homicide; Residential 4 11 High School and Middle School campuses The Coroner's office wants Non-residential 1 poised to begin a new law enforcement program for APD as an SRO (School to rule it ri suicide; and Shoplifting 2 9 Resource Officer). Her first day was much The District Attorney's Theft from MV 4 2 2 2 like the first day any new teacher or even both the man and woman Bicycle Thh eft Office, after being told by MV Paris-accessories 1 7 student would have trying to locate people,they both believed the gun Theft from building 3 4 places and get generally oriented to the schedule of a school campus. to be unloaded,wishes to Other Thefts 23 16 see the case listed as an Motor Vehicle thefts 3 5 accident. Her reception by the students was also Arson l typical,wanting to know who this new And you think its easy do TOTALS 43 59 person was ,what she was all about and COP stuff. What's your how she was going to fit in, being a "COP", call? "packing a gun"on campus.And needless to say those questions were asked right away. Teri says it took little time for her to Property Manual Don't forget.....The Ashland begin teaching in classes discussing develo ed b C SQ Police Department will be holding its pertinent issues from a law h y 3rd Annual Open House on May 9. enforcement perspective. Both the staff at the schools and the students Wendy Svaren, Community Service have found her to be an honest, up- Officer(CSO) and Property Clerk for Cl Recognition was front person who will discuss any APD has developed a property `,7 g issue and willing to listen to their training manual for officers.The new appreciated. viewpoints. manual,is a one source reference library for all processing of evidence On behalf of all the personnel at the She has participated in many extra and found property. police Department er the rest t the curricular activities already,from proms to sports events, and is The police department processes in City employees I would like to excess of 200 pieces of roe personally thank Mayor Golden, Brian beginning to fit right a (even in P property m Almquist and the Council for the uniform). Teri maintains an office on and/or evidence each month.This Recognition a we recent) the High school campus and visits the count is based on just patrol work. 9 party y had, middle school campus 2 times per The number does not include any The experience of the January flood week. search warrant cases which can was tragic for man citizens in result in 300 to 500 individual items to Ashland and many it en all regret. be counted,verified and processed g 9 Cooperative efforts for one search warrant alone. But,with this tragedy we also experienced a cohesiveness between between departments All of this can be a nightmare for a all city departments and employees, het to develop property clerk if the packaging and some basis.which never interact in a 1�. p labeling of items are not handled regular accident statistics for properly. Proper booking of evidence doesn't just happen by chance. It The City recognition party put closure 1996 and the future, happens when written directives, to the 97 disaster with our new carefully enforced, become the "friends"and gave us a chance to agency standard. The manual show our appreciation for everyone's Thanks to the cooperative efforts developed by Wendy will be efforts. between APD and the Engineering invaluable in clarifying and streamline Department for the City(Ray Smith to be specific)we are sharing data training for new officers and will Forward Look: bases for tracking and reporting provide specific directives to patrol statistics of Accidents in Ashland. and property personnel. Way to go Wendy! Sergeant Mike Bianca is officially in The Computerized Activity Lo the transient stage. The new home he 9 has been building is nearing system (ALOG) used by APD completion and he will soon be dispatchers has a "soundex" } moving his family into their brand new searchable data base.This allows home. Congratulations Mike. us/him to put in the word Ot neWS "ACCIDENT" and obtain a list of all accidents that occur in the city, even if they are not reportable to Oregon t DMV. The end result is the ability to capture ALL accidents, even the She's in custody! fender benders where information is just exchanged and truly track the total incidents inside the city. Ray Officer Tom Cook and his wife Lori compiles this information and shares have officially taken custody of their the end statistics with the PD. newest family edition...Katie Ann. Katie was born on February 2 at Ain't progress wonderful? about 7 pm and is doing just fine. Congratulations Tom and Lori! City of Ashland City Hall ' OREGON ,. City Recorder's Office 20 E. Main Sr. Barbara Christensen, City Recorder Ashland, Oregon 97520 (541)488-5307(phone) (541)488-5311 (far) February 26 , 1997 TO : Oarbara Mayor, Council Members FROM: Christensen, City Recorder RE : Renewal of Liquor Licenses Please allow blanket approval for current liquor license renewals . A review by the City of Ashland Police Department has shown nothing which would prohibit the renewal of any current liquor licenses . I I CITY OF ASHLAND •° °" { <yti, Administration _ � t. v _ Office of the City Administrator MEMORANDUM '••. , REGO� . M lVP'J DATE: February 28, 1997 TO: . Honorable Mayor and City Council FROM: Brian L. Almquist, City Administrator RE: Use of Professional Engineering Services through RVCOG At the Council Study Session on February 19, councilor Wheeldon requested an accounting of the use of the services of Paula Brown, P.E. for signing plans as City Engineer. Ms. Brown served by contract in this capacity from the time that former Public Works Director Steve Hall left in December of 1995 through the employment of Ms. Wilson Broadus. Her services were not required at any time during this period. (Note: During her 7-month tenure from July 1996 to January 1997, Ms. Wilson Broadus did not sign any plans) Ms. Brown has also served by contract as City Engineer since January. She has not been called upon to sign any plans. Her total billing for engineering services was for three hours of general consultation with Jim Olson at a total cost of $148.20. • Administration Office ROGUE VALLEY Second S.. Box x 33275 Street P.OP.O275 Council of Governments Central Point, OR 97502 e Reception: (541) 664-6674 TTY 664-6675 Direct + ext 664-6676 FAX 664-7927 MEMORANDUM BS 664-3454 Medford 779-6785 Grants Pass 474-5947 Date: February 25, 1997 To: Brian Almquist, Ashland City Administrator / From: Paula Brown,PE, Associate Director Subject: HOURLY RATE FOR ENGINEERING(SERVICES Attached is the current hourly rate for my time. In addition to the direct costs(salary plus benefits),the City is also charged an indirect rate(ODOT Approved)of 31.53%on all personnel costs. Therefore,my hourly rate.with the indirect charges is$49.40. Let me know if you need additional information. 1 0 r I W 00 W O O M F4 N 70 c O M •'� M ON 7 N V1 N � �O N rl b G 00 >0 C Q M .ti Q a DD c �n yr c M • ;�� � � x n N N g .r S S h VI S S O O �D Ncv ' 2� m ti .r M O M V? �; O M a 0 m r �t< u O N b b .fir p M N C ° W rt, y fd �3 ti � C !1 ' - Q R ' y y Ox ti >; t d y 9 S: N >+ " k5 � u u `a 000'�.." y "•' F u ; d U A ° g c u V C w a E 3 u C Z w o c rn W .. .. 9 o,•� 6b t a a a 5 a A c la d O R 5 F. Z :: p d o 7 0 .0j O 0 d d d !c c d 7 o O a o r Z AaU W U U v� UF rn R: xfa .] a3aQF F a � 3 RT 386 north laurel ashland,oregon 97520-1154 541-482-9504 voice 541-482-9438 fax gkmmer@jeffnet.org February 27, 1997 Mayor Catherine Golden Members of the Ashland City Council 20 East Main Street Ashland, Oregon 97520 Dear Mayor Golden and Members of the Council, I am writing on behalf of the Patrons of Lithia Park, an ad hoc group of volunteers that has been working with Ken Mickelson and the Ashland Parks Foundation to develop alternate funding sources to help offset the costs of the restoration of Lithia Park. Any success will reduce the Park's reliance.on the City's pending bond issue. Shortly after the flood, we targeted the Jackson County Historical Tax Fund as a potential source of revenue for the restoration of the park. This program, using monies from the County's Historical Tax levy, was created two years ago to underwrite costs for work on local government-owned or controlled properties. Lithia Park, on the National Register of Historic Places, meets virtually all the published criteria and its restoration seemed a logical candidate for funding. In late January, after we'd prepared an application and readied it for submittal, the Board of Commissioners voted to end the grant fund program with little notice. They have stated the monies which had been allocated for that program will instead be used for the maintenance and upgrade of the Jackson County Courthouse. Local governments can only obtain Historical Tax funds through a historical society. Since Ashland does not have a qualifying historical society, we respectfully request the Council's support in our efforts to secure these funds for the restoration of Lithia Park. Specifically, we would appreciate a formal letter of request that encourages the Board of Commissioners to re-visit this issue and reinstate the Historical Tax Fund grant program as it existed prior to their January action. This program, representing over $200K annually, has the potential to assist a number of worthy projects throughout Jackson County in addition to the renovation of Lithia Park. We hope that you will support our efforts in having it reinstated. Sincerely, ir r for th s of Lithia Park LLOYD MATTHEW HAINES MEMBER OF THE ATTORNEY AT LAW TELEPHONE: . OREGON AND (5411,a12'GJGG GI WATER STREET CALIFORNIA GAR QUITE CEE FAX: 16411 aG E•O JJa ASHLAND, OBF.00N 07520 February 13, 1997 The Honorable Cathy Golden, Mayor and Ashland City Council 20 E Main .Ashland, OR 97520 RE: , 1997 Flood Ladies .and Gentlemen: Further to my request at the City Council Meeting on February 4, 1997, I once again request an independent review and inquiry be made as to -the City's responsibility, if any, for the damage to the Plaza buildings and businesses resulting from the flood of 1997. Numerous decisions have been made by the City since the 1974 flood which have impacted Ashland Creek from the bandshell through the Plaza area. Improvements have been made to Guanajuato Way and the area surrounding the creek, which in some.cases have restricted the potential flow of water and created the likelihood of debris creating a dam in the creek. In fact, this did occur at the observation deck and Winburn Way .culvert in the flood of '97. Additionally, there have been allegations by the recently terminated Public Works Director that specific recommendations were made to remove the culvert and the restrictions on the creek rp for to the severe flooding of the Plaza area that occurred on and after New Year's Day. Thus, it is important to review the decisions that have been made in order to determine whether they were reasonable and prudent. I am not making any allegations about improper conduct on the part of the City. However, in light of the statements that have been made, it is important to have an 'independent assessment of what occurred. I do suggest a panel be formed which consists of a civil 9 engineer, a hydrologist and a third individual who has skill in asking questions and interviewing people. This panel would have the power to take statements from all parties involved in the situation, and submit a report to the City Council and members of the community regarding the issues surrounding the flood. This request is being made on behalf of numerous Plaza business and property owners, some of whom are listed on the attachment to this letter. It is my hope that these issues can be reviewed in a non- co d vestigation and disclosure o non-adversarial setting, thefats and and there circumstances surrounding the flood of 1997. I thank you for your consideration, and I request that this matter be formally discussed at the March 4th Council meeting. I remain, Very truly yours, q1 1 _ 1 Lloyd M. Ha nes ' LMH:sm cc: Paul Nolte, City Attorney d a i b. i A CITY OF ASHLAND Office of the City Attorney (541) a88-5350 ;. e 0 20 East Main, Ashland, OR 97520 (541) 488-5311 - Fax MEMORANDUM I Paul Nolte, City Attorney Sharlene P.Stephens, Legal Assistant DATE: February 18, 1997 TO: Mayor and City Council FROM: Paul Nolte RE: An Ordinance Amending Chapter 2.41 to Remove Mandatory Contribution and Expenditure Limitations by Candidates for City Offices The attached ordinance is being sent to you at this time pursuant to Article X, Section 2(c) of the municipal charter. This charter provision permits reading the ordinance by title only when council members are provided a copy one week in advance of the meeting. This ordinance will be will be scheduled for the council meeting to be held on March 4, 1997. On February 6, 1997, the Oregon Supreme Court issued its opinion in VanNatta, et a/. v. Keisling, the legal challenge to the constitutionality of Ballot Measure 9 (1994). The court found all provisions of the measure dealing with contribution limits, prohibitions, and restrictions unconstitutional under Article I, Section 8, of the Oregon Constitution. The unconstitutional provisions of this ballot measure include ORS 260.160 (contribution limits); ORS 260.168 (pass-through contributions between candidates and PACs); and ORS 260.172 (contributions from corporations and labor organizations). The court allowed the provisions involving tax credits and voluntary campaign spending limits at the state level to remain in effect. The attached amendments revise the city's contribution and expenditure ordinance along the lines expressed by the court. The amendments delete contribution limitations but preserve voluntary campaign spending limits. Attachment c w/attachment: Brian Almquist Greg Scoles Barbara'Christensen (x3) (s:\council\campaign.mem) i ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2.41 TO REMOVE MANDATORY CONTRIBUTION AND EXPENDITURE LIMITATIONS BY CANDIDATES FOR CITY OFFICES ANNOTATED TO SHOW DELETIONS AND ADDITIONS. DELETIONS ARE LINED-THROUGH AND ADDITIONS ARE SHllI7.EG)• THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The title to Chapter 2.41 of the Ashland Municipal Code is amended to read: Chapter 2.41 MQLUT€f MCONTRIBUTION & SPENDING LIMITS FOR CANDIDATES FOR CITY .................................... OFFICES AND FOR CITY ■ EASURES Sections: 2.41.010 Definitions 2.41.020 Contribution and Expenditure Exclusions 2.41.080 GeAtFibutien Limits 2.41.040 Expenditure Limit Definitions 2,41.050 Expenditure Limits 2.41.060 Declaration of Limits on Expenditures 2.41.070 Expenditures Not Qualifying as an Independent Expenditure 2.41.080 Procedures and Appeals 2.41.090 Penalties 2.41.100 City Recorder Responsibilities 2.41.110 Publication 2.41.420 Definition of Single Pelitleal Gemmittee Section 1. Section 2.41.030 of the Ashland Municipal Code is deleted. munlGipal judge OF FOGOF&F. ameuat-2.4i.040, xseediags PAGE 1-ANNOTATED ORDINANCE la:n,d\. mpeicn.�21 :i A k�fuR Section 2. Section 2.41.090 of the Ashland Municipal Code is deleted. 2.41.030, !he eandidate shall be pmenally liable f0F the ameun!W be paid UREJOF P. The pemen le whom the AmIne 'A addmssed shall have 20 days frem!he dale e 2-4�B9�Reaakies: PAGE 2-ANNOTATED ORDINANCE (p:orftampai0n.an2) s'eF'( Uen ReaBF 23.410 W28.600t (W) GarnIsheePF8eeed'R@6undeF ORS 29.286 te 29.0,36; a Section 3. Section 2.41.120 of the Ashland Municipal Code is deleted. estable6hed by seGlien 2.41.030; fnembemi and Section 4. Section 2.41.130 of the Ashland Municipal Code is deleted. PAGE 3-ANNOTATED ORDINANCE (p:ord\camFaign.nn2) sesti9R 2 41030. 2.41.039. FARRFdeF thAt a" AlheF eapddalm feF the same 9#109 WeFO given notleg. The netlGe shall PAGE 4-ANNOTATED ORDINANCE (V:ord�ce adon.w2) PAGE 5-ANNOTATED ORDINANCE (,:o,a�.w„e,n.w2) CITY OF ASHLAND "oF Syr Office of the City Attorney (541) 488-5350 a - 20 East Main, Ashland, OR 97520 (541) 488-5311 - Fax s MEMORANDUM �=�REGG�,, ' Paul Nohe, City Attorney Sharlene P. Stephens, Legal Assistant DATE: February 14, 1997 TO: Mayor Golden and City Councilors . FROM: Paul Nolte RE: An Ordinance Adding Chapter 13.02 to the Ashland Municipal Code to Clarify Jurisdiction of Public Rights-of-Way Within the City The attached ordinance is being sent to you at this time pursuant to Article X, Section 2(c) of the municipal charter. This charter provision permits reading the ordinance by title only when council members are provided a copy one week-in advance of the meeting. This ordinance will be will be scheduled for the council meeting to be held on March 4, 1997. This proposed ordinance develops a clear and comprehensive description of the city's jurisdiction over all publicly-owned and managed rights-of-way. At the present time there exists no explicit authorization for the city's control of its rights-of-way. This ordinance also clarifies the city's management responsibilities for rights-of-way. We are in the process of developing a telecommunications ordinance to help the city comply with the 1996 federal Telecommunications Act, to promote competition, to establish guidelines and standards, and to assure the city receives fair and reasonable compensation for use of public rights-of-way. The attached ordinance is a first step in the development of the more.extensive telecommunications ordinance. Attachment c w/attachment: Brian Almquist Greg Scoles Barbara Christensen (x3) (s:\council right-of.way) ORDINANCE NO. AN ORDINANCE ADDING CHAPTER 13.02 TO THE ASHLAND MUNICIPAL CODE TO CLARIFY JURISDICTION OF PUBLIC RIGHTS- OF-WAY WITHIN THE CITY THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The following chapter 13.02 is added to,the Ashland Municipal Code: Chapter 13.02 PUBLIC RIGHTS OF WAY Sections: 13.02.010 Definitions. 13.02.020 Jurisdiction. 13.02.030 Scope of Regulatory Control. 13.02.040 Permission Required. 13.02.050 Obligations of City. 13.02.010 Definitions. For the purpose of this chapter, the following mean: A. Person: Individual, corporation, association, firm, partnership, joint stock company, and similar entities. B. Public rights-of-way: Include, but are not limited to, streets, roads, highways, bridges, alleys, sidewalks, trails, paths, public easements, and all other public ways or areas, including subsurface and air space over these areas. C. Within the city: Territory over which the city now has or acquires jurisdiction for the exercise of its powers. 13.02.020 Jurisdiction. The city has jurisdiction and exercises regulatory control over all public rights-of-way within the city under the authority of the city charter and state law. 13.02.030 Scope of Regulatory Control. The city has jurisdiction and exercises regulatory control over each public right-of-way whether the city has a fee, easement, or other legal interest in the right-of-way. The city has jurisdiction and regulatory control over each right-of-way whether the legal interest in the right-of-way was obtained by grant, dedication, prescription, reservation, condemnation, annexation, foreclosure, or other means. 13.02.040 Permission Required. No person may.occupy or encroach on a public right- of-way without the permission of the city. The city grants permission to use rights-of- way by franchises, licenses, and permits. PUBLIC RIGHTS-OF-WAY ORDINANCE Jp:ord\riohtwey.ord) 13 02 050 Obligations of City. The exercise of jurisdiction and regulatory control over a public right-of-way by the city is not official acceptance of the right-of-way and does not obligate the city to maintain or repair any part of the right-of-way. 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 1997, and duly PASSED and ADOPTED this day of 1997• Barbara Christensen, City Recorder SIGNED and APPROVED this — day of 1997. Catherine M. Golden, Mayor Approved as to form: Paul Nolte, City Attorney PUBLIC RIGHTS-OF-WAY ORDINANCE JP:wdtraeiwev.ord) CITY OF ASHLAND Office of the City Attorney (541) 4885350 20 East Main, Ashland, OR 97520 (541) 488-5311 - Fax MEMORANDUM "'�REGG�''� µ pJ Paul Nohe, City Attorney Sharlene P. Stephens, Legal Assistant DATE: February 14, 1997 TO: Mayor and City Council FROM: Paul Nolte RE: Emergency Powers Ordinance The attached ordinance is being sent to you at this time pursuant to Article X, - Section 2(c) of the municipal charter. This charter provision permits reading the ordinance by title only when council members are provided a copy one week in advance of the meeting. This ordinance will be will be scheduled for the council meeting to be held on March 4, 1997. The emergency management operations recently implemented by the city in response to the January flood are dependent to some extent on emergency powers assumed by the city in times of crisis. The attached emergency powers ordinance sets forth the legal framework for such response by specifying the process for declaring emergencies and the powers that may be assumed during emergencies. The process and powers utilized in the January flood emergency are incorporated into this ordinance, and the city's Emergency Operation Plan adopted in 1995 assumes the existence of an emergency powers ordinance. Attachments c w/attachment: Brian Almquist Greg Scoles Keith Woodley Barbara Christensen (x3) (p:deily\cn-emer.mem) ' ORDINANCE NO. AN ORDINANCE PROVIDING FOR DECLARATION OF EMERGENCIES AND AUTHORIZING THE CITY ADMINISTRATOR TO ORDER MEASURES IN RESPONSE TO EMERGENCIES. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.62 is added to the Ashland Municipal Code and shall read as follows: Chapter 2.62 EMERGENCY POWERS Sections: 2.62.010 Definitions. 2.62.020.City Administrator Responsibility. 2.62.030 Declaration and Ratification of Emergency. 2.62.040 Authority of City Administrator. 2.62.050 Regulations of Persons and Property. 2.62.060 Additional Powers During Emergency. 2.62.070 .Termination of State of Emergency. SECTION 2.62.010 Definitions. The following words and phrases whenever used in this chapter shall be construed as defined in this section unless from the context a different meaning is intended. A. "Emergency" includes any human caused or natural event or circumstances causing or threatening loss of life, injury to person or property, human suffering or financial loss, and includes, but is not limited to, fire, explosion, flood, severe weather, drought, earthquake, spills or releases of oil or.hazardous material, contamination, disease, blight, infestation, civil disturbance or riot. B. "Emergency Management Plan" means that plan entitled "City of Ashland Emergency Management Plan" adopted by resolution of the council or as may be amended from time to time in subsequent resolutions. SECTION 2.62.020 City Administrator Responsibility. The city administrator is responsible for implementation of the Emergency Management Plan. When the administrator determines that a state of emergency exists, the administrator shall make a declaration to that effect and request the mayor to call a special meeting of the council in order to ratify the declaration of emergency. . Section 2.62.030 Declaration and Ratification of Emergency. A. The declaration by the city administrator of a state of emergency shall: 1. State the nature of the emergency. 2. Designate the geographical boundaries of the area subject to the emergency controls. PAGE 1 - EMERGENCY POWERS ORDINANCE 1p:e,dXemergncy.erd) 3. State the duration of time during which the area so designated shall remain an emergency area. 4. State any special regulations imposed as a result of the state of emergency. B. The ratification by the council may also authorize additional specific emergency powers for the duration of the emergency period set forth in the declaration. Section 2 62 040 Authority of City Administrator. During a declared emergency, the city administrator shall have authority to: A. Exercise, within the area designated in the proclamation, all police powers vested in the city by the Oregon Constitution, city charter and city ordinances in order to reduce the vulnerability of the city to loss of life, injury to persons or property and human suffering and financial loss resulting from emergencies, and to provide for recovery and relief assistance for the victims of emergencies. B. Direct any department of the city to utilize and employ city personnel, equipment and facilities for the performance of any activities designed to prevent or alleviate actual or threatened damage due to the emergency, and may direct the departments to provide supplemental services and equipment to federal, state or local agencies to restore any services in order to provide for the health and safety of the citizens of the city. C. Designate persons to coordinate the work of public and private relief agencies operating in such area and exclude from such area any person or agency refusing to cooperate with and work under such coordinator or to cooperate with other agencies engaged in emergency work. D. Require the aid and assistance of any state or other public or quasi-public agencies in the performance of duties and work attendant upon the emergency conditions in such area. E. Clear or remove from publicly or privately owned land or water, debris and wreckage which may threaten public health or safety, or public or private property. 1. In exercising this authority the city administrator may: a. Accept funds from the federal government or the State of Oregon for the purpose of removing debris or wreckage from publicly or privately owned land or water. b. Present to the State of Oregon unconditional authorization for removal of such debris or wreckage from public and private property and, in the case of removal of debris or wreckage from private property, agree to indemnify the state government against any claim arising from such removal. 2. Whenever the city administrator provides for clearance of debris or wreckage pursuant to this section, employees of the city or individuals appointed by the city administrator are authorized to enter upon private lands or waters and perform any tasks necessary to the removal or clearance operation. 3. Except in cases of willful misconduct, gross negligence or bad faith, any employee.or individual appointed by the city administrator authorized to perform duties necessary to the removal of debris or wreckage shall not be liable for death of or injury to persons or damage to property. PAGE 2 - EMERGENCY POWERS ORDINANCE P:wm�re.=r.o,d) Section 2.62.050 Regulations of Persons and Property. When a state of emergency is declared to exist and has been ratified, the city administrator: A. May order the following measures in the interest of the public health, safety, or welfare, in the area designated as an emergency area: 1. Redirect city funds for emergency use and suspend standard city procurement procedures. 2. Establish a curfew that fixes the hours during which all other than officially authorized personnel may be upon the public streets or other public places. 3. Prohibit or limit the number of persons who may gather or congregate upon any public street, public place, or any outdoor place. 4. Barricade streets and prohibit vehicular or pedestrian traffic, or regulate the traffic on any public street leading to the emergency area for such distance as necessary under the circumstances. 5. Evacuate persons. 6. Prohibit the sale of alcoholic beverages. 7. Prohibit or restrict the sale of gasoline, or other flammable liquids. 8. Prohibit the sale, carrying, or possession of any weapons or explosives of any kind on public streets, public places, or any outdoor place. 9. Curtail or suspend commercial activity. 10. Turn off water, gas, or electricity. 11. Control, restrict and regulate by rationing, freezing, use of quotas, . prohibitions on shipments, price fixing, allocation or other means, the use, sale or distribution of food, fuel, clothing and other commodities, materials, goods and services. 12. Close all roads and highways in such area to traffic or limit the travel on such-roads to such extent as the city administrator deems necessary and expedient. 13. Order such other measures necessary for the protection of life or property, or for the recovery from the emergency. B. All orders issued under authority conferred by this section shall have the full force and effect of law during the declaration of a state of emergency. All existing laws, ordinances, rules and orders inconsistent with this chapter shall be inoperative during this period of time and to the extent such inconsistencies exist. Section 2.62.060 Additional Powers During Emergency. During the existence of an emergency, the city administrator may: A. Enter into purchase, lease or other arrangements with any agency of the United States or the State of Oregon for temporary housing units to be occupied by disaster victims. B. Accept or borrow funds from or passed through by the State of Oregon for temporary housing for disaster victims. C. Upon determination that the city will suffer a substantial loss of tax and other revenues from a major disaster and that there is a demonstrated need for financial assistance to perform its governmental functions, apply to the federal and state government, or request the state to apply on the city's behalf, for grants and loans and to receive, on behalf of the city, such grants and loans. PAGE 3 - EMERGENCY POWERS ORDINANCE 1p:ord�emergncy.erd) D. Determine the amount needed to restore or resume the city's governmental functions, and to certify the same to the State of Oregon or the federal government. Section 2 62 070 Termination of State of Emergency. The city administrator shall terminate the state of emergency by proclamation when the emergency no longer exists, or when the threat of an emergency has passed. The state of emergency proclaimed by the city administrator may be terminated at any time by the council. 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 19_, and duly PASSED and ADOPTED this _ day of 19_ Barbara Christensen, City Recorder SIGNED and APPROVED this day of 1997• Catherine M. Golden, Mayor Approved as to form: Paul Nolte, City Attorney PAGE 4 - EMERGENCY POWERS ORDINANCE (o:ord\emerancvord) ,FAsN o Emo ran dnm �4ECO February 28, 1997 Hon. Mayor Catherine Golden and City Councilors ram: James H. Olson b<&j lI�jBC#' Set a Public Hearing Date for the Formation of the Proposed Fordyce Street L.I.D. Recommendation Staff recommends that Council set a public hearing for the formation of an L.I.D. to improve Fordyce Street from East Main Street to Munson Drive. It is recommended that the public hearing be set for April 15, 1997. Background Long before the City acquired the Fordyce Street right of way from Jackson County (City was paid $33,950 in January of 1994 to take over jurisdiction of the right of way), planning approvals were requiring the signing of pre-paving agreements. Atotal of 24 pre-paving agreements have been acquired to date representing 76 individual lots. A number of neighborhood meetings have been held to finalize street design, parking issues, sidewalk locations, and the possible inclusion of a power undergrounding option. At the last neighborhood meeting, held on April 26, 1996, a consensus was arrived at concerning the street layout, parking locations, and sidewalk details. The question as to whether or not the power undergrounding should be included in the L.I.D. was hotly debated with no decision apparent at the end of the meeting. It was decided that a petition should be circulated amongst the assessment district to decide the status of the power undergrounding. The results of this petition indicated a clear majority opposed to the inclusion of the power undergrounding. Another item that was considered at the neighborhood meetings was the method by which the properties should be assessed. Since many of the lots in the district have no actual frontage on Fordyce Street, it was determined that an area based assessment rate would be the most equitable. Nature of Improvement Fordyce Street is to be improved with curbs, gutter, and paving. Sidewalks\A ill be installed along both sides with park rows and some on-street parking in bays. The design has neighborhood as well as Planning approval. Major storm drain work will be required as well as replacement of much of the irrigation system. Oversize storm drain construction will be subsidized by the City. The estimated cost of the project is $239,316.00. ACTION REQUESTED The resolution to set a public hearing is attached for your consideration and approval. Attachments: Resolution Exhibit A Vicinity Map Improvement District Map cc: Brian Almquist John McLaughlin Paul Nolte (c1e ng ineeAfordlid.mem) RESOLUTION NO. 97- A RESOLUTION OF INTENTION TO PROVIDE FOR IMPROVEMENTS TO FORDYCE STREET CONSISTING OF CURBS, GUTTERS, STORM DRAINS, PAVING AND SIDEWALKS AND SETTING A PUBLIC HEARING. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. It is the intention of the Council to undertake the improvement described as follows: Improvements to Fordyce Street consisting of paving, curbs, gutters, storm drains and sidewalks. SECTION 2. The description of the boundaries of the local improvement district to be assessed for this improvement is: All those lots accessing of Fordyce Street between East Main Street and Munson Drive as depicted on the map attached to Exhibit A. SECTION 3. The amount of the estimated cost of the improvement made by the city engineer and the proposed allocation of the cost among the owners of the properties to be specially benefitted is: $239,316.00 Such improvements will be in accordance with costs estimated to be $239,316.00 of which all will be paid by special assessments on benefited properties. Costs will be allocated based on an area measure of approximately $10,153.42 per acre of each lot. SECTION 4. The council will hold a public hearing in the Council Chambers, Ashland Civic Center, 1175 East Main Street on April 15, 1997, at 7:00 p.m., at which time and place the owners of the benefited properties may appear or submit written comments prior to or at the hearing as to why the improvement should not be constructed or why the benefited properties should not be assessed in the manner proposed. SECTION 5. The city recorder is directed to serve notice to the property owners by publishing a notice of the public hearing once in the Daily Tidings, not less than 30 days prior to the hearing, and by mailing copies of the notice by first class mail to the owners of each lot benefited by the proposed improvement as shown on the latest tax and assessment roll. The notice shall be in the form of Exhibit "A" attached to this resolution. PAGE 1-IMPROVEMENT RESOLUTION (pJb"sVidt.res) This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this day of 1997. Barbara C. Christensen, City Recorder SIGNED and APPROVED this day of 1997. Catherine M. Golden, Mayor (plo=sVidl.res) PAGE 2-IMPROVEMENT RESOLUTION (p.to=suidl.res) EXHIBIT "A" NOTICE OF PUBLIC HEARING The City Council of the City of Ashland will meet on April 15, 1997 at 7 p.m. in the Council Chambers, 1175 East Main Street, to hold a public hearing to consider the formation of a local improvement district as follows: NATURE OF THE IMPROVEMENT: To improve Fordyce Street between East Main Street and Munson Drive with paving, curbs, gutters, storm drains and sidewalks. BENEFITED PROPERTY: All those lots accessing off Fordyce Street between East Main Street and Munson Drive as depicted on the attached map. ESTIMATED COST: The estimated cost of these improvements is $239,316, all of which will be paid by special assessments on benefited properties. Costs will be allocated based on an area measure of approximately $10,153.42 per acre of each lot. The specific proposed assessment for each lot is contained on the attached exhibit. Additional information regarding the proposed improvement or method of assessment may be obtained at the Engineering Division, 271h North Main, Ashland, OR, phone number 488-5347, weekdays during the hours of 8:00 am to 4:30 pm. All affected property owners may appear at the hearing or submit written comments prior to or at the hearing, as to why the streets should not be improved or why the benefited properties should not be assessed in the manner proposed. If two-thirds of the property owners to be benefitted object to the improvement, the improvement will be suspended for six months. PAGE 3-IMPROVEMENT RESOLUTION (plomsudi.res) % %' j • %//s ryd� '?8U0 2 JOU jui�/ 'J%' % /j///i / 3000 jr �/ � %/� /�y�/.F %if a�i rr j? // / / rir !if/. /!///, 500 /� / //!, �� i 000 �•� /j//'! 3400 3500 4300 �/�j�" Soo", i %fir/ q /�/ //r ':�Gr � �! ��i.� Y✓%/i//�/ // /j//�/�� �� / / �� 600 / / U Of RO MEO R i //. /,it//i/ti• /// /��/i�1200 �/;// / r/'!'lt r � '' i��i i. ' 161�/ %"% .�; / r / / % �%. /i // ' i• . ,f- .. � 905 '/1112 1111 1110 • 1109 1108 1107 . 1100 //11 915 914 913 912 911 a0 904 za u ' 906 Of /y l I la , I I I5 1116 1117 1118. 1119• 916 Z 910 ° 903 , 92 1106 0 , p 902 r % 917 909 0_ 919 907 IN j r�j/��r /ji r��// •�/, j 2500 918 � 908 J 900 im asoo 2900 3800 3700 3600 - /, MILL POND ROAD 3000 //• / / ' /'/ j��/�/// 3900 4000 4100 4200 3h00 3300 — 5404, 5403 ;5402 Sa01 ,5400 j,5502 SSOI 5500 3100 1 ORCHID ST a / / 5406��; 5422 '5423 '5424 9425 '5426 j/ �/ ���' /Si�e�� n ��5407' r/ 0'/,✓/i/i� /// //// '//��/ /�/�//����%//�/�%� I� ,! /54081, \� 5421 (future street o � '�� � )41 Z0 /j//�5413 � /r�jj/ r/iu✓ ' ' /901 ' �/� � 1 7 City of Ashland Department of Public Works - Engineering Division Fordyce Street Proposed Assessment District Estimated Cost Per Lot (By Area) Map & Tax Lot Area Estimated Cost 1 39-1E-10B TL 900 0.360 Acre $3,655.23 2 39-1E-10B TL 901 0.120 Acre $1,218.41 3 39-1E-10B TL 902 0.430 Acre $4,365.97 4 39-1E-10B TL 903 0.140 Acre $1,421.48 5 39-1E-1OB TL 904 0.140 Acre $1,421.48 6 39-1E-1OB TL 1100 1.160 Acre $11,777.97 7 39-1E-10BB TL 200 1.490 Acre $15,128.60 8 39-1E 71OBB TL 300 0.520 Acre $5,279.78 9 39-1E-10BB TL 400 1.491 Acre $15,138.75 10 39-1E-10BB TL 500 0.291 Acre $2,954.64 11 39-IE-10BB TL 600 0.294 Acre $2,985.11 12 39-1E-10BB TL 700 0.120 Acre $1,218.41 13 39-1E-IOBB TL 701 0.158 Acre $1,604.24 14 39-1E-10BB TL 702 0.115 Acre $1,167.64 15 39-1E-10BB TL 703 0.119 Acre $1,208.26 16 39-1E-10BB TL 705 0.126 Acre $1,279.33 17 39-1E-10BB TL 706 0.115 Acre $1,167.64 18 39-1E-10BB TL 707 0.178 Acre $1,807.31 19 39-1E-10BB TL 708 0.144 Acre $1,462.09 20 39-1E-10BB TL 710 0.122 Acre $1,238.72 PAGE 1-(c:engineerlJid\fordyce2.Arc) i Map & Tax Lot Area Estimated Cost 21 39-1E-10BB TL 711 0.119 Acre $1,208.26 22 39-1E-IOBB TL 800 1.670 Acre $16,956.21 23 39-1E-10BB TL 1100 0.115 Acre $1,167.64 24 39-1E-10BB TL 1101 0.118 Acre $1,198.10 25 39-1E-IOBB TL 1102 0.155 Acre $1,573.78 26 39-1E-IOBB TL 1106 0.137 Acre $1,391.02 27 39-1E-IOBB TL 1107 0.112 Acre $1,137.18 28 39-1E-10BB TL 1108 0.112 Acre $1,137.18 29 39-1E-IOBB TL 1109 0.114 Acre $1,157.49 30 39-1E-10BB TL 1110 0.114 Acre $1,157.49 31 39-1E-10BB TL 1111 0.114 Acre $1,157.49 32 39-1E-10BB TL 1112 0.111 Acre $1,127.03 33 39-1E-10BB TL 1114 0.130 Acre $1,319.94 34 39-1E-IOBB TL 1115 0.117 Acre $1,187.95 35 39-1E-10BB TL 1116 0.117 Acre $1,187.95 36 39-1E-IOBB TL 1117 0.117 Acre $1,187.95 37 39-1E-10BB TL 1118 0.117 Acre $1,187.95 38 39-1E-10BB TL 1119 0.117 Acre $1,187.95 39 39-1E-10BB TL 1200 2.000 Acre $20,306.84 40 39-1E-10BB TL 1300 0.314 Acre $3,188.17 41 39-1E-10BB TL 1301 1.676 Acre $17,017.13 42 39-1E-10BB TL 1400 0.205 Acre $2,081.45 43 39-1E-10BB TL 1500 0.208 Acre $2,111.91 44 39-1E-10BB TL 1600 0.097 Acre $984.88 45 39-1E-10BB TL 1700 0.151 Acre $1,533.17 46 39-1E-10BB TL 1800 0.178 Acre $1,807.31 47 39-1E-10BB TL 1900 0.117 Acre $1,187.95 PAGE 2-cc:engfn«rod\rordycc2.Are> Map & Tax Lot Area Estimated Cost 48 39-lE-10BB TL 2100 0.126 Acre $1,279.33 49 39-lE-10BB TL 2200 0.163 Acre $1,655.01 50 39-1E-10BB TL 2300 0.167 Acre $1,695.62 51 39-1E-IOBB TL 2400 0.152 Acre $1,543.32 52 39-lE-lOBB TL 2600 0.171 Acre $1,736.23 53 39-1E-10BB TL 2700 0.189 Acre $1,919.00 54 39-lE-10BB TL 2800 0.122 Acre $1,238.72 55 39-lE-lOBB TL 2900 0.106 Acre $1,076.26 56 39-lE-10BB TL 3000 0.142 Acre $1,441.79 57 39-1E-IOBB TL 3100 0.157 Acre $1,594.09 58 39-1E-10BB TL 3200 0.144 Acre $1,462.09 59 39-1E-IOBB TL 3300 0.134 Acre $1,360.56 60 39-lE-10BB TL 3400 0.118 Acre $1,198.10 61 39-lE-10BB TL 3500 0.103 Acre $1,045.80 62 39-1E-IOBB TL 3600 0.321 Acre $3,259.25 63 39-lE-10BC TL 5400 0.114 Acre $1,157.49 64 39-1E-10BC TL 5401 0.114 Acre $1,157.49 65 39-lE-lOBC TL 5402 0.114 Acre $1,157.49 66 39-1E-10BC TL 5403 0.106 Acre $1,076.26 67 39-lE-10BC TL 5404 0.106 Acre $1,076.26 68 39-1E-10BC TL 5406 0.107 Acre $1,086.42 69 39-lE-10BC TL 5407 0.111 Acre $1,127.03 71 39-1E-IOBC TL 5408 0.122 Acre $1,238.72 72 39-lE-10BC TL 5409 0.111 Acre $1,127.03 73 39-lE-lOBC TL 5410 0.116 Acre $1,177.80 74 39-lE-10BC TL 5411 0.116 Acre $1,177.80 75 39-1E-10BC TL 5412 0.116 Acre $1,177.80 PAGE 3-(c:ensinK0vid\rordycc2.Arc) Map & Tax Lot Area Estimated Cost 76 39-lE-10BC TL 5413 0.116 Acre $1,177.80 77 39-lE-10BC TL 5414 0.114 Acre $1,157.49 78 39-1E-10BC TL 5415 0.102 Acre $1,035.65 79 39-lE-10BC TL 5416 0.114 Acre $1,157.49 80 39-lE-lOBC TL 5417 0.109 Acre $1,106.72 81 39-lE-10BC TL 5418 0.110 Acre $1,116.88 82 39-1E-IOBC TL 5419 0.121 Acre $1,228.56 83 39-lE-10BC TL 5420 0.096 Acre $974.73 84 39-1E-IOBC TL 5422 0.093 Acre $944.27 85 39-lE-10BC TL 5423 0.092 Acre $934.11 86 39-1E-IOBC TL 5424 0.118 Acre $1,198.10 87 39-lE-10BC TL 5425 0.118 Acre $1,198.10 88 39-1E-IOBC TL 5426 0.200 Acre $2,030.68 89 39-1E-10BC TL 5500 0.156 Acre $1,583.93 90 39-lE-IOBC TL 5501 0.144 Acre $1,462.09 91 39-lE-10BC TL 5502 0.144 Acre $1,462.09 92 39-lE-1OB TL 2500 0.293 Acre $2,974.95 93 39-1E-1OB TL 2600 1.377 Acre $13,981.26 TOTAL 92 Lots 23.570 $239.316.11 Acres * These lots are represented on pre-paving agreements for street construction. 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DATE: February 24, 1997 TO: Mayor Golden, Council Members, Department Heads FROM: Fran Berteau, Executive Secretary RE: COUNCIL LIAISON APPOINTMENTS — 1997-1998 Listed below are the appointments approved at the February 18, 1997 Council Meeting for 1997-1998. Airport Commission Alan DeBoer Audit Committee Susan Reid Band Board Don Laws Bear Creek Greenway Committee Susan Reid Bicycle Commission Ken Hagen Cable Access Commission (inactive) Mayor Golden Chamber of Commerce Board Carole Wheeldon Chamber Business Facilitating Carole Wheeldon Citizens' Communication (ad hoc) Don Laws Conservation Commission Ken Hagen Forest Lands Commission Ken Hagen/Susan Reid Historic Commission Steve Hauck Hospital Board Mayor Golden Housing commission Steve Hauck ODOT Stakeholders Alan DeBoer Parks & Recreation Commission Carole Wheeldon Planning Commission Ken Hagen Regional Planning Effort Susan Reid Rogue Valley Basin Steering Committee Steve Hauck Rogue Valley Council of Gov't Steve Hauck Senior Program Board Susan Reid So Or Regl Econ Dev Inc. (SOREDI) Carole Wheeldon Traffic Safety Commission Don Laws Trans Advisory Comm (fRADCO) Mayor r Golden Tree Commission Don Laws CITY OF ASHLAND Department of Community Development e Planning Division f' O MEMORANDUM "' . .REGD?,•', DATE: February 24, 1997 TO: Honorable Mayor and City Council FROM: John McLaughlin, Director of Community Developmen RE: Response to John Sully letter (2/18/97) It appears that Mr. Sully and I are destined to disagree, perhaps forever, regarding the history of the Lantern Hill subdivision But at the last council meeting (2-18-97), Mr. Sully made some very serious allegations about the integrity of the Planning Department, the Planning Commission, and the planning process in general. A copy of his letter is included here (A-1). For background, I have included a portion of a staff report explaining the history of the development of the Lantern Hill Subdivision (A-2). In reference to Mr. Sully's letter of 2-18-97, he stated that a staff report from 4-10-90 indicated that the proposed lots 1-4 appeared to have slopes greater than 40%. A copy of the staff report, with the section highlighted, is included as part of this memo (A-3). In response to the concern raised in the staff report, the applicants' engineer, Mr. Dale Hofer, P.E., stated in the supplementary report, "I have personally walked the site and measured the individual building envelopes and have found them to have the slope indicated" (copy of report attached, section highlighted -- A-4). Further, in the following staff report of May 8, 1990, it was stated that "the revised plan shows all building envelopes to be located outside areas which exceed a 40% slope" (copy of report attached, section highlighted -- A-5). The final decision on this issue was made by the City Council on appeal, and their findings state the following.' 'Regarding the slope of terrain within the approved building envelopes with respect to ALUO Section 1&62.030(B), the city council finds and concludes, based on the testimony of the applicant's agent, a licensed civil engineer, that the slopes within the envelopes are all less than 40% Opponents in presenting their own slope calculations used spot elevations included on the proposed plans, using the points to compute slope percentages. The opponents method of measurement is inaccurate because the spot elevations occur both within and outside the envelopes. More accurate and reliable are the elevations determined by the applicant's agent using survey instruments..." (copy attached, section highlighted -- A-6). It should be noted that when this action was appealed to the Land Use Board of Appeals, the issue of building envelope slope was not indicated as an item of the appeal, and has been considered a totally resolved issue of the development. Mr. Sully took exception to my statement that the landslide occurred in an area "essentially undisturbed by the development." He refers to an old dump located in the landslide area, as well as a TID ditch trail, and some brush clearing on the property as development. My statement regarding the area was that the recent development of the street and homes were not within the landslide area, and this area was "essentially undisturbed by the development." The dump appears to be a remnant from the 1920- 30's through the 1950-60's, and is not related to the development approved by the City or carried out by the property owners. Mr. Sully stated in his letter that "the cut made to construct the drive (for lots 3 & 4) through the swale contributed to the slope failure that caused the slide." I refer the Council back to the report by B.G. Hicks, consulting engineering geologist, which states "at this time it is not possible to definitely connect any recent construction activities to the initiation of this landslide" (copy attached, section highlighted -- A-7). I still stand by the statements made in my memo to the council, dated 1-31-97. Mr. Sully reiterates in his letter that the City ignored the April 10, 1990 staff report, and this led to the landslide on Lantern Hill. I would like to reiterate from earlier in this memo, that the staff raised the issue of building envelope slope, the applicants' engineer responded with additional information, staff reviewed that information and found it accurate, and the Planning Commission and City Council found that the engineer's information provided an accurate basis for approving the building envelopes. The final findings of the City Council clearly indicate the City's position on this issue. Further, Mr. Hicks' report does not necessarily find a direct connection between the development and the landslide. After viewing and hiking the site, and after discussions with Mr. Hicks, I put forward by opinion that this landslide would have likely occurred regardless of whether development occurred or not. Mr. Sully states that this area has been stable during other historic storm events. I would state that the same statement could be made for the area of several slides that occurred further up the Ashland Creek canyon. However, every storm event is different, and the response of the landscape will be accordingly different as well. I do not agree with Mr. Sully's statement that "there would have been no mud slide if there had been no development" There is no-direct evidence to support such a statement.. Mr. Sully stated that it appeared I did not personally investigate the causes of the slide, or did so in a cursory manner. I will admit that I am not an engineering geologist, but I did visit the site four times, and hiked through and around the entire landslide area twice in an attempt to further understand the issue. Further, in order to determine immediate remedial actions after the event, I was the person who had Mr. Hicks review the site and prepare a report on his findings and made those available to the property owner so they could take appropriate actions. Overall, I do not wish to drag this issue on and on indefinitely. I believe that the City has acted in a responsible manner throughout the development process, as well as after the landslide occurred. I wish to keep the lines of communication open with Mr. Sully, and I believe that these statements provide the proper response to the concerns raised in his previous letter. Attachments: A-1 "Answer to John McLaughlin's Memorandum concerning John Sully Letter..." A-2 Ashland Planning Department Staff Report Addendum V, 11/2/93 A-3 Ashland Planning Department Staff Report 4/1/90 A-4 Response from Dale Hofer, 4/26/90 A-5 Ashland Planning Department Staff Report Addendum 5/8/90. A-6 Adopted findings approving subdivision -- Planning Action 90-057 A-7 Engineering Geologic Report from B.G. Hicks, 1/8/97 r '^I Answer to John McLaughlin's Memorandum concerning John Sully Letter/Lantern Hill Development dated January 31, 1997 Please Make the following statement a part of the public record (2/18/97). The application filed for a 6 lot subdivision on Granite Street (Planning Action 90-057) was reviewed by staff and a staff report dated April 10, 1990 was prepared and submitted to the Planning Commission. The report stated: "Portions of the building envelopes for lots 1,2,3, and 4 appear to exceed 40%. These will need to be redesigned in order to insure that all area within the proposed envelope is less than 40%. It appears more appropriate to combine lots 1 and 2 in order to allow for a sufficiently sized building envelope. We. are not sure that even if these lots are combined that a building lot could be developed". In fact in a discussion with the author of the document referred to above we were informed that none of the four,lots complied with the ordinance. He told us that he had the slopes checked by City Engineering staff and the slopes shown on the map were incorrect. As a result of the Staff Report the applicant withdrew the original proposal before the scheduled Planning Commission hearing and submitted a revised application and map a month later. The new map showed 5 lots instead of 6. But there was uo change in lots 1,23, and 4. The Staff Report dated 4/10/90 was completely ignored. The new Staff Report did not mention anything about building envelopes not conforming to the ordinance in the review of the new submittal. When we attempted to raise the issue in a public hearing before the Planning Commission and referred to the 4/10/90-Staff Report we were told that the applicant's engineer knew more than we did and he said that lots 1 through 4 complied with the ordinance and that was that. McLaughlin is misinformed, is not aware of the April 10, 1990 report, or is attempting to conceal certain facts as his statement at the City Council meeting of February 4, 1997 indicates: "McLaughlin clarified for the Council that the building envelopes were around 35%.....", from minutes of the regular meeting of 2/4/97. It is not true that the landslide occurred in an area essentially undisturbed by the development. It originated in, or adjacent to, an old dump; a disturbed area. The dump was located partially on lot 3 and partly on an "open space' area. The landslide crossed the partially completed portion of the common driveway for lots 3 and 4. There is a trail above the dump that was constructed by TID and is used regularly by the TID ditch walker. Prior to the subdivision being constructed it was regularly used by many citizens of Ashland that hiked on the trail system of the TID canals. There is some evidence from photographs taken before and after the subdivision was completed that someone had done some brush clearing around the dump and on the hillsides above and below the dump. This does not imply the brush clearing was or is illegal nor in conflict with the CC and R of the subdivision. The fact is the area in and surrounding the slide was disturbed before the slide occurred. The mud slide did not occur in an essentially undisturbed area. The portion of the common drive way for lots 3 and 4 that serves lot 3 crosses the swale referred to by Mr. McLaughlin. This swale was immediately below the dump site. The cut made to construct the drive through the swale contributed to the slope failure that caused the slide. The fault lies with the City in ignoring the contents of the Staff Report of April 10, 1990. bideed, it appears the Community Development Director in 1990, John Fregonese, may have deliberately suppressed, or at the very least, failed to bring the report to the attention of the Planning Commission and the City Council. When we attempted to bring up the issue of slopes before the City Council, we were denied the right to do so, with the argument that we were neither experts nor engineers and, therefore anything we said on the subject could not possibly be correct. The whole point of this discussion is that all of the above factors were and are contributory to the debris/mud slide that caused all of us in the 300 A - � block of Granite Street costiv property damage The utterly uniustified ignoring of the April 10 1990 Staff Report and the approval of a subdivision by the Ashland Planning Commission and City Council that did not comply with the existing hillside ordinance resulted in the debris mud slide and damage to our property, loss in property values draining of our financial resources and much personal and family stress There is no basis for the statement by Mr. McLaughlin: "However, had the street not been developed, it is likely that die debris flow would have headed directly downslope towards Mr. Sully's home, and done much more damage than occurred during the New Year's storm". There is ample historical evidence that equally intense or more intense storms have occurred in the past without any sliding: 1940, 1964, 1974, every 20 to 25 years. Mr. Seitz told Damon Fouts, a reporter with the Ashland Daily Tidings, and me that lie had found a 1937 Oregon license plate in the dump. I have photographs of an engine head gasket that dates back to before 1940 and an enameled wash basin that is at least 60 to 75 years old that were washed out of the dump. I have photographs of other debris equally as old that came from the dump site. We have numerous photographs taken prior to the construction of the street. The photographs graphically show the density of the trees and brush that prevented erosion and mud flows from occurring. } This evidence supports our contention that no mud slides occurred before the r property was developed. There would have been no mud slide if there had been no development. Mr. McLaughlin's statement is absurd and insupportable. Mr. McLaughlin's statements indicate that he either did not personally investigate the causes of the slide, or only did so in a cursory manner. His statements, indicate beyond a shadow of a doubt, that he had no knowledge of the condition of the property before the subdivision was approved. McLaughlin's memorandum to the Mayor and City Council does not support a conclusion that the slide would have occurred even if the subdivision had not been built. 3 ASHLAND PLANNING DEPARTMENT STAFF REPORT ADDENDUM V November 2, 1993 PLANNING ACTION: 90-057 APPLICANT: Gary and Diane Seitz LOCATION: Granite Street near the intersection of Granite and South Pioneer Streets. REQUEST: The applicant is requesting revisions and approval of an Outline Plan for a 4-lot subdivision under the Performance Standards Option. Revisions are in accord with mediated settlement agreed to by the involved parties. Request also involves a variance to waive the installation of a sidewalk along the new street. 1. Relevant Facts Z T / I� Background - History of Application: This application has a very long history. The application was first presented to the Planning Commission in April, 1990, however, the applicant requested a one-month delay to address additional staff concerns. A public hearing was held in May 1990, at which time the Planning Commission approved the request, with several conditions modifying the subdivision design. The applicant requested a delay in the adoption of the findings to allow for an alternative plan to be developed, encompassing the Planning Commissions conditions, but resulting in a more efficient design. The Planning Commission reviewed the modified design in a public hearing in July, 1990, and adopted findings of approval in August, 1990. The approved application was appealed by several surrounding property owners and was heard by the City Council in September, 1990. The Council approved the application essentially in the same form as approved by the Planning Commission. Findings of the approval were adopted in October, 1990. The action was then appealed to LUBA, where in January, 1991, the LUBA referees determined that they did not have jurisdiction over this application, since it involved a subdivision request. Under Oregon Revised Statutes in effect at the time, the definition of a land use decision reviewable by LUBA excluded subdivisions. Due to the decision, the case was transferred to Jackson County Circuit Court. y In February, 1991, the Oregon Court of Appeals determined that LUBA must review all challenged decisions appealed to them to determine if they were made "consistent with land use standards." If the decision was found to comply with standards, then LUBA would not have jurisdiction, and the application would be transferred to a circuit court. If it were not made consistent with the standards, then LUBA would rule on the action. Based on this Court of Appeals decision, the Jackson County Circuit Court referred this case to the Oregon Court of Appeals for a determination of jurisdiction. In October 1991, the Court of Appeals determined that the case would be transferred back to LUBA for review. In March, 1992, LUBA reversed the decision of the City, stating that the City erred in determining the length of the street, basically saying that the length of the street will include the cul-de-sac turn-around area. An opinion by the previous City Attorney stated that the length of the street did not include the turn-around portion. The LUBA decision only addressed the issue of cul-de-sac length and no other issues of-the subdivision. In July, 1992, the City Council was requested to review an amended application, addressing the concerns raised in the LUBA reversal. The Council decided that no further review of the application was warranted, based upon the reversal of the previous decision by LUBA. This action was summarized in the findings, which stated: "the Council will not further consider this case or the umendrrtent to the application submitted by the applicants. The effect of LUBA's decision is to deny the original application." The Council's decision of July, 1992 was appealed by the Seitz's to LUBA, and in December, 1992, LUBA remanded the City's decision, finding that . City could not deny the application, or choose not to accept a revised application, based upon the reversal by LUBA. The Council must decide whether or not to allow an amended application, and then base their ultimate decision on the subdivision on the evidence allowed into the record. On March 2, 1993, the Council accepted testimony on whether or not to allow an amended application to be submitted. Testimony ranged from fire issues, street grade, driveway grades, to street cuts and erosion control. The Council ultimately decided not to allow the applicant to submit a revised application, and then denied the entire application based upon the originally submitted application, with a cul-de-sac in excess of the allowable length. PA90-057 Ashland Planning Department -- Staff Report -- Addendum V Gary and Diane Seitz November 2, 1993 Page 2 On March 16, 1993, the Council voted to reconsider its previous decision not to allow a revised plan. The reconsideration was based upon a request by the applicants, stating that issues were raised and discussed that they were not informed about prior to the hearing, and were not prepared to address at the hearing. Prior to scheduling the next hearing to decide on the reconsideration, the 'Planning Department proposed that the parties attempt to resolve the dispute through mediation. Meetings and discussions were held over the next several months, with the City participating and paying David Schieber to serve as mediator. A tentative agreement was reached not long after the initial mediation sessions. However, due to several factors, a final agreement could not be reached, and the City chose to withdraw from the mediation process since it did not appear that an agreement could be reached, and the costs of the mediation were mounting. A public hearing on the original application as submitted.by the applicant was then scheduled before the City Council on October 5, 1993. ' After the City withdrew from the process and rescheduled a hearing on the original application, Attorney Dan Thorndike, a neighbor of the project who also assisted the neighborhood in the filing of the LUBA appeals, scheduled a meeting of all of the parties to attempt to reach an agreement. The day of the Council meeting where the action was to be heard, the parties reached the attached agreement. 2) Settlement Agreement Attached is a copy of the Settlement Agreement, dated October 5, 1993. The main issues are as follows: Numher of Lots The total number of lots in the subdivision has been reduced from 5 to 4. The applicants have agreed to this reduction, and have essentially combined two lots into one large lot, which will be their personal home. The applicants have further agreed no to split this lot in the future. Sidewalk Variance The neighbors have requested that a sidewalk not be installed along the new sweet. The concerns are that a sidewalk would encourage "non-neighborhood" pedestrians to venture up behind their homes. PA90-057 Ashland Planning Department -- Staff Report -- Addendum V Gary and Diane Seitz November 2. 1993 Page 3 �, _ 3 any information been submitted explaining how these cuts are to be retained. The resulting grade diffrence on the cul-de-sac when the grade is cut from 28% to 6% is around 20 feet. This could involve a great deal of cut and fill on erosive granite soils. No information has been provided indicating general areas of cuts and fill. Lot Design 2. Portions of the building envelopes for lots 1.2 3 and_4_appear_to_exeeed xi? T/T� 40 perce`nt.These hat will need to be redesigned in order to insure t all �% area within the proposed envelope is less than 40 percent. It appears more appropriate to combine lots 1 and 2 in order to allow for a sufficiently sized building envelope. We are not sure that even if these lots are combined that a buildable lot could be developed. Another concern involves the location and design of driveways for lots 1, 2 and 3. Due to the size of cuts necessary for street construction,-information concerning driveway grade should be submitted. Staff would recommend that driveway grades not exceed 15 percent. Also, the applicant may want to consider the use of common driveways as well. Lot 7 - To Remain In A Natural State Staff does not feel that it is appropriate to incorporate the remaining 6.04 acres into a separate tax lot. First, this would in essence create a landlocked parcel with no legal access to, nor frontage along, a city.street. Second, its creation may present an enforcement problem down the road. As time goes by and members of the planning staff come and go, it could be incorrectly determined to be a legal buildable lot. Staff would recommend that the remaining acreage be: i 1) Owned and maintained in common as open space by the property owners in the.subdivision; or 2) Consolidated into one of the other proposed lots. We believe that the lot should remain in common open space. III. Procedural - Required Burden of Proof The criteria for Outline Plan Approval are found in Chapter 18.88 and are as follows: a) That the development is consistent*with 00, plans and with the stated purpose of this Chapter of the Land Use Ordinance. PA90-057 Ashland Planning Department -- Staff Report Gary and Diane Seitz April 10, 1990 Page 3 "T CnNSIIL:IIN(' LNGINI r' MAI Brace rvi� an• s'R�cruP^` 1120 EAST JACKSON STREET P.O. BOX 490 MEDFORD,OREGON 97501 TELEPHONE:(503)772-7115 FAX: (503) 779-4079 April 26, 1990 �- Z Department of Planning and Development City of Ashland 20 East Main Street Ashland, Oregon 97520 Attn: Mr. John McLaughlin Re: Supplemental Data Diane's Hill PUD Tentative Plat Upper Granite Street MAI Job No. 1-3621 Dear Sirs: This letter is to summarize various supplemental data to our initial submittal submitted on February 2, 1990 for the purposes of clarifying our presentation and to supply additional information to staff and Planning Commission. Following are our comments: 1 . Diane's Hill Street Grade: The street will start down at Granite . Street with a short landing of about 10% slope. From there the slope will increase to 18% to the bend in the street where the slope will change to 15% up to the cul -de-sac which will be physically designed to meet the appropriate slope requirements for the cul -de-sac. We know that the Planning Commission has been endeavoring to utilize only streets with 15% for the last few months . However, it would be a hardship for Mr. Seitz not to be able to utilize the 18% slope for this short distance which is allowed by the existing Zoning Ordinance. An 18% slope for this short of a distance closely matches the existing grade, provides a reasonable grade for fire truck .access and allows the grade in front of the residences to be at the flatter slope of 15%. 2. Clearance Between the Two Existing Houses Adjacent to Diane's Hill Near Granite Street: These two houses are 69 feet apart. If we use the standard back-to-back of sidewalk distance of 31 feet, it leaves an average distance of 19 feet between the back of sidewalk and the residence. This exceeds the 15 foot minimum side lot normally allocated for corner lots. We plan to center the street within the existing 50-foot right-of-way to maximize the distance to each adjacent residence. 'Mr. Jahn McLaughlin April 26, 1990 Page 2 3. Availability and Adequacy of Utilities: There has been some concern expressed by local citizens about the lack of availability of utilities. In contacting Mr. Al Williams of the Ashland Electric Department, he assures me that there is abundant power available and that he is not aware of the constant breakdowns which were eluded to. In talking with Mr. Dennis Barnts, I understand that the sewer and water availability are quite adequate. The only relatively minor deficiency is that there is not enough pressure at that point in the water line to supply adequate pressure to the proposed residences. Therefore, we plan to install a pumping system to maintain that adequate pressure to the residences. We understand that there is an abundant quantity of water available. In talking with Mr. Steve Hall of the Department of Public Works, he assures me that the sewage plant is adequate to handle sewage for the City of Ashland for years to come. 4. Concern for Icy Streets: The street lies in such an orientation that the sun is not obstructed from melting the .snow and frost during the winter. The sky is generally open to the south from that general area with the possible exception of in the cul -de-sac area. There, the amount of shade will depend upon the location of the house and the trees remaining after construction. 5. The Amount of Slope on Building Envelopes_ Staff had some questions about the actual slope of the ground in the building envelope area. However, I have personally walked the site and measured the individual building envelopes and have found them to have the slope indicated. The contours shown on the plan are somewhat deceptive since they are derived from aerial photography which was taken through timber foliage and therefore, are not accurate enough to use for building envelopes . We showed these contours to give a general idea of the slopes involved. The spot elevations shown on Plan Sheet I are accurate and the accurate slopes can be calculated between individual shots . 6. Proposed Alternate Site Plan: We have attached an alternate site plan layout which shows the driveway locations and slightly adjusts the location of the building envelopes to improve the building envelope layout over the original plan. In general , the building envelopes are located in existing open areas . Lot 2 is the possible exception of this where there are a number of trees in the area where Lot 2 will need to be built to utilize the flatter slopes. 7. The Showing of Trees: We have not shown the grouping of trees on the basic area because of the fact that there are so many. A walk of the site will show that the houses are generally located to save trees. When the walk-through is scheduled, we will plan on having the building envelopes staked for reference. 1 G� ASHLAND PLANNING IWPARTME,,N"I' STAFF REPORT ADDENDUM May 8, 1990 PLANNING ACTION: 90-057 APPLICANT: Gary and Diane Seitz LOCATION: Granite Street, near the intersection of Granite and South Pioneer Streets Since last month, the applicant has submitted ada`e1Oitemsnofrconclern wl ch5werehe concerns in the previous Staff report. Following discussed in last month's Staff report and for which additional information has been provided: Street The alternate site plan submitted by the applicant's engineer maintains a portion of the street grade at 18%. This segment of street will start just after a short landing of about a 10% and continue up until the bend in the road. The engineer's reasoning behind leaving the 18% segment is because it closely matches the existing grade, is a reasonable grade for fire access and will allow the grade in front of the residences to be at a flatter slope, thereby reducing the amount of cut needed to provide driveway access. A typical road cross section has been provided indicating areas of cut and fill. with the cut bank along the road (excluding the cul-de-sac) being 6' in height. The plan specifies the use of stone for protection of the cut Slope, while a seed mixture will be used along the fill bank. Details describing seed mixture and stone type, as well as the procedure for application will need to be presented at the time of Final Plan approval. A profile of the proposed street has also been included showing a finished cul-de- sac the perilmeter of thencul-de sac. Noecross section of the cul-de-sac sac bank provided. Lot Design PA90 057 Ashland Planning Department May 8 990 Gary and Diane Seitz Page 1 � J The revised plan shows all building envelopes to be located Outside areas which exce__d % slope_The applicant's engineer states that he has walked the site and measured the grade and believes the slope calculations to be accurate. Slope calculations using the spot elevations depicted on the plan seem to support this conclusion. Driveway locations have been shown on the new plan. Proposed grades for each driveway, however, have not been indicated. Staff believes that driveways should be designed to insure safe access onto the abutting street, at 20% grades or less. The new site plan has consolidated the approximately 6 acres of open space into lot 4. This will be owned in its entirety by the owner of parcel 4. Staff believes the applicant has addressed many of the concerns discussed in the previous report. We further believe that this is a unique parcel, considering its many natural attributes and its close proximity to Lithia Park. Therefore it is important that much attention is spent to ensuring neighborhood compatibility by taking into account existing development levels of the surrounding neighborhood. When looking at the surrounding development pattern, there exists a generous amount of spacing between existing residences. The new plan, however, has two proposed residences located on the downhill side of the new road, towards Granite Street, overlooking an existing residence (365 Granite Street). The spacing between these two proposed tax lots and the adjacent residence (15 and 25 feet respectively) is not as liberal as what is characteristic of the existing neighborhood. The location of these two homesites will directly impact the rear yard privacy of the existing tax lot below (365 Granite Street). The Performance Standards Guidelines state: The project should strive to ensure that adjacent properties maintain the privacy of their rear yards. This is especially a problem when second-story windows look into rear yards or other private areas. The design should minimize this type or problem. Staff feels the Commission should consider consolidating these two lots into one, in order reduce the impact on the adjacent property owner., Should the Planning Commission choose to approve the application, Staff recommends the following conditions: l h and 1) That a 10 wide pedestrian easement he dedicated to the City of.As I� j along the irrigation ditch. Pedestrian easement to be shown on Final Plan and j recorded on the survey plat. PA90-057 Ashland Planning Department -- Staff Report Gary and Diane Seitz May 8, 1990 i Page 2 r� 7 • nt.uciutuut grade stand.u'd. '1'hc standard applies only w city streets dcdicatc.d lAli puhlu use IIt2[ to private driveways. Condition 13 in Exhibit S-1 requites all driveways to have a grade of 20"'/r, or less. 'I'hcrc are no ordinance provisions for the l,rades of private driveways. The condition was applied at the discretion of the city. 11. Regarding the slope of terrain within the approved building envelopes with respect to ALUO Section 18.62.030(B), the city council finds and concludes, based on the testimony of the applicant's agent, a licensed civil engineer, that the slopes within the envelopes are all less than 40 0lo. Opponents .in presenting their own slope calculations used spot elevations included on the proposed plans, using the points to compute slope percentages. The opponents method of measurement is inaccurate because the spot elevations occur both within and outside the envelopes. More accurate and reliable are the elevations determined by the applicant's agent using survey instruments. Unlike the Vissue of road grade which relates to the slope of the finished road, (and which may be different from the slope of the natural terrain over which the road passes), building envelopes are based strictly on the slope of the natural terrain. For this reason, the city council accepts as fact the testimony of the applicant's slope of 40%.agent as an expert, and city staff I� that the envelopes contain no land exceeding p 12. The city council construes ALUO Subsections 18.88.080(C) and (D) to allow a performance standards option development to proceed on the subject property given the within a "P" fact that the property is within three zones, two and ishicha r than 200 feet in overlay because: 1) The property larger than 2 acres average width; and, 2) the development under the performance standards-option is necessary to protect the qualities enumerated in ALUO Subsection 18.88.080(D)(2). Based on the above findings of fact and conclusions of law the city council finds the proposal to be consistent with the cited criteria 'a' of ALUO Subsection 18.88.030(4). CRITERIA b. That the existing and natural features of the land have been considered in the plan of the development and important features utilized for open space and common areas. Findings of Fact: Dedication: The applicant offered and the city requires through Condition 10 of the Exhibit S-1 final Order, that approximately 13 acres be dedicated to the city for public park and open space purposes. Wildlife: Planning Director Fregonese testified that the upper nine acres, proposed to be held as perpetual open space, have been identified as the major wildlife area. (Exhibit M- 4). Opponents testified that the property is on the interface of an "ecotone", and that the property supports deer, foxes, raccoons, rabbits, bear, and many bird species, including three species of woodpecker. (Exhibit 0-4). reduction s to1ehumantidisturban�ce ispthetmainticau eefor is fi eli inationtotf[species. (Exhibit 0-4). I'a„e Planning Action 90-0�7 EXHIBIT 'A' FINDINGS e __ 13 G HICKS CONSULTING ENGINEERP? G GEOLOGIST' 190 VISTA STREET :ASHLAND. OR 9 >,11 PHONE: 541-4S2-S451 PAX: 54 I--IS2-S63S TO City of Ashland January S. 19' Planning Division :\tt'n.: Bill iMolnar Dan %IcLearv-Building Division Mark Knox - Plannine Division ENGINEERING GEOLOGIC REPORT DEBRIS LANDSLIDE AT THE LANTERN HILLS DEVELOPNIENT LN'TERIM HAZARD MITIGATION AND PRELIMINARY RECOMMENDATIONS = INTRODUCTION The foilowing report contains the engineering geologic recommendations covering the items requested and additional important statements developed by my inspection of the Lantern. Hills Development debris landslide o`Januan 2 (?), 1997. During the inspection on Jaruary 7, 1997 I was accompanied by Dan kicLeaF , Building Division and Mark Knox, Planning Division. This field inspection consisted of a visit to the "toe" area-of landslide (below LOT 3 - see attached map), a hike up the south side of the debris "path" through the head of the slide to the TID canal/pipeline. \Qy return to the newly paved road at the "toe" area was down (and above) the north side of the gorge created by the debris slide. The chain link fence (F-I to 17-2 on map) below LOTS 5 and 6 was visually inspected as well as the new fill below the paved access road (above LOTS 5 and 6). We also walked downslope on the paved road to about the location (end) shown on the map. ENGINEERING GEOLOGIC NOTES The debris landslide occurred in this topographic draw as a result of saturation of the fine- grained granitic 'soil'. At this time it is not possible to definitely connect any recent construction activities_tg..t_e initiation o this landslide. The condition of t e round below /f the-TO pipeline (and above the head of the lands(iae�- see map) is also not known. However the fact that the TID water was placed in a pipeline for +/- 100 feet above the 'head' indicates that TID had also experienced problems here in the past. (The terrain above the 'head' also has the characteristics which indicate landslides have occurred there.) It should be noted that an old (small) debris landslide scarp was observed southwesterly from the 'head', but could not be shown on the map. If reactivation at this scarp occurs r , City of Ashland Flood Restoration Bond Issue March 4, 1997 Total City Costs $1,755,000 Total Parks Department Costs $400,000 Capital Project Total $291552000 Private Parks Donations ($50)000) Federal Highway Funding ($21,9,000) Potential FEMA Funding - Assuming 50% of total ($1,077,500) Contingency for Winburn Bridge\Channel design $450,000 Range of Bond Issue $8089500 $1,2589500 CITY OF ASHLAND Department of Public Works � Za a Public Works Administration y . MEMORANDUM ''=�REGO , DATE: March 4, 1997 TO: Brian Almquist FROM: James H. Olson, Acting Public Works Director RE: Reeder Reservoir Clean-up I. DEBRIS ACCUMULATION: The Engineering Staff has completed their sounding of Reeder Reservoir and have computed the amount of silt accumulation in the Reeder Reservoir main pool. Our preliminary computations indicate that approximately 12,000 cubic yards is submerged in the main pool, much less than we expected. In addition the three main arms of the Reservoir, east fork, west fork, and Reeder Gulch, contain an additional 40,000 cubic yards of silt in total. It is estimated that the east fork delta contains 10,000 cubic yards, the west fork 25,000 cubic yards and Reeder Gulch 5,000 cubic yards. This material is higher and so far is concentrated in the upper 25 feet of pool elevation. II. DEBRIS REMOVAL: The small amount of silt in the Reservoir proper does not justify the cost of bringing in a dredge. It is recommended that this material be removed through our next scheduled Reservoir cleaning project in 1999. Our current memorandum of understanding limits removal through sluicing to 6,000 cubic yards unless a major erosion event occurs in the Watershed which warrants a larger volume of sediment removal. Obviously the January 1, 1997, flood would satisfy that requirement. The above schedule is, however, predicated upon the assumption that the 40,000 yards that is currently in the upper extremity of the Reservoir can be removed by conventional excavation methods this spring. Any delay will increase the volume of material in the bottom of the Reservoir as material is transported downstream. PAGE 1- (c:engineer\reedc1up.Mem) The following plan has been formulated (and approved by the Division if State Lands) for the removal of silt and material from the Reeder Reservoir area: A. Reconstruction of the upper canyon road: This process has been completed and included the repair of five (5) of eight (8) bridges in the canyon road, repair of seven (7) road wash-outs and removal of six (6) slides. Also required was the upgrading of the road by adding a rock or granite surface to much of the length to accommodate the expected heavy truck traffic. B. Re-activation of the West Fork Reservoir: This portion of the work has also been completed and involved removal of approximately 10,000 cubic yards of material behind the 12-foot high dam. Repairs were made to the pipeline, intake structure, operating gate, and a portion of the dam itself. C. Re-activation of the East Fork Reservoir: It is anticipated that this work will be completed by March 6, 1997. The work completed to date includes removal of over 5,000 cubic yards of material, and cleaning of the intake structure. The operating valve will also need to be repaired. D. Reeder Reservoir Silt Removal: Once the repairs to the east and west fork Reservoirs are completed we will begin supplying the water treatment solely from these secondary dams rather than from Hosler Dam. This will provide the flexibility needed to lower the water level in Reeder Reservoir by 25 or 30 feet which will expose and dry the silt deltas in the east and west fork arms and in Reeder Gulch. The material will be excavated starting at the west fork arm using large hydraulic excavators (J.D. 790). A convoy of 10 trucks will haul the material from the Reservoir to the Granite Street pit, the Glenview Drive pit, or to the other approved dump sites. Because of the extremely narrow road, and the difficulty in maneuvering on the road, the truck convoy will most likely will be limited to 10 trucks. PAGE 2- (c:engineer\reedc1up.Mem) III. COST: Based upon the Estimated 40,000 cubic yards to be excavated from the Reservoir, the following cost estimate is provided: A. With 10 trucks hauling, it is estimated that 1,100 to 1,500 cubic yards per day can be moved. B. At 1,100 cubic yards per day, a total of 37 working days will be required to complete the work. C. At current prevailing wage rates, each cubic yard costs approximately $5.15 to load and transport. D. The total estimated cost to remove 40,000 cubic yards of materials is $206,000. IV. CONTRACT ADMINISTRATION: Rather than use one single prim contractor we have elected to use 10 different independent contractors. Burl Brim Excavation and Harshman Excavation are providing the heavy equipment and two (2) trucks while eight (8) truck owner/operators have also been retained to complete the rest of the truck convoy. This method tends to spread the contract dollars further and saves the 20% contractors overhead and profit attached to most sub-contract clauses. Due to the emergency nature of this work, normal bidding and advertising requirements were set aside. By breaking the work into a number of smaller contractors, the likelihood that any one contract would be financially compromised is remote. V. CONCLUSION: It is imperative that the silt deltas at east and west work and at Reeder Gulch be removed as soon as possible. This material continues to move farther into the Reservoir pool and will eventually make its way into the lowest portion of the Reservoir. Due to past public outcry at previous sluicing operations we hope to keep the removal of material by that method as minimal as possible. This is especially critical in that we are not permitted to conduct sluicing operations until the year 1999. It is hoped that the City Council will approve this plan of action. cc: Greg Scoles Dennis Barnts PAGE 3- (c:engineer\reedc1up.Mem( City of Ashland Flood Restoration Bond Issue March 4, 1997 Total City Costs $197559000 Total Parks Department Costs $4009000 Capital Project Total $2,1559000 Private Parks Donations ($50,000) Federal Highway Funding ($219,000) Potential FEMA Funding - Assuming 50% of total ($1,077,500) Contingency for Winburn Bridge\Channel design $450,000 Range of Bond Issue $8089500 $192589500 0.3/04/97 Project Name Location Project Total 1 Reeder Reservoir Watershed Remove sift-40,000 yards Remove floating debris Repair access road around reservoir $250,000 2 Upper Canyon Rd Watershed Repair 5 bridges re-establish drainage culverts remove slide-washout materials $70 000 31 Lower Canyon Rd Watershed Repair bridge re-establish drainage culverts remove slide-washout materials re-establish phone lines and service $38,000 4 Water Treatment Plant Watershed Repair electrical components Repair pumping systems Debris removal Tailrace repairs $125,000 5 West Fork Dam Ashland Creek-Watershed Repair damage to dam Remove sift from reservoir behind dam $20,000 6 East Fork Dam Ashland Creek-Watershed Repair damage to dam remove sift from reservoir behind dam $20 000 71 Water St Repair Water St\N Main St Re lace 75'water,sewer line Reconstruct retaining wall Install curb sidewalk and pays $40,000 8 Hersey St Bride Hersey St\Oak St Repave section Fill in washed out area Replace 75'of stone drain Replace 200'of curb $30,000 9 North Main St Bridge He Oak St Removal of sift General debris clearance Project Name Location Project Total General debris clearance $5,000 10 Nevada St Bride Nevada\Oak St Replace 125'of curb and flutter Fill In washed out areas $11,500 11 Granite Street repair Upper Granite St 500'Sewer line 200'of 10"overflow 350'Water line Replace 3000 yards of material $75,000 12 Winbum Wy Bridge-Preliminary Winbum laze Remove debris from creek Relocate creek Install armored overflow $75,000 13 Winbum Wy Bridge-Permanent Winbum laze $450,000 141 Clay St Water Line Upper Clay St 300'of 12"D.I.P. Rebuild access road Re-route Clay Creek $45,000 15 N Mountainlift Station sewer line N Mountain to lift station\Nevada St Repair 8"sewer line Rebuild access road to sewer line Replace washed out material $85,000 16 16"Water main undermined Between Waterline Rd&TID Permanent understructure support FIII slide area Stabilize slope $85,000 17 TID ditch work East of Ashland Creek Mud slides-Debris removal and repair $75,000 18 TID ditch work West of Ashland Creek Mud slides-Debris removal and repair $20,000 19 Glenview Dr\Granite St Intersection Glenview\Granfte Re lace washed out materials Install rip-rap rip-rap along abuttments $20,000 Project Name Location Pro'ect Total Pro ects 20-28-Parks De -listed following City Summary Totals 29 Lantern Hill Rd Lantern HilnGrenite St Debris removal Mud slides Bank erosion $\0,500 30 Ashland Loop Rd Morton to Terrace Mud slides Debris removal remove 8 trees $9,000 31 Water St bride WateM Main St Clear plugged culvert $1,500 32 Ashland Loop Rd Ashland Loo \Glenview Mud slides Debris removal Bank erosion $2,000 33 1 Waterline Rd From Ashland Loop to Morton Mud slides Debris removal Road undermined $8,500 34 Guanajuato laze Guana uato W laze Misc debris removal Clean-up $4 500 35 Winbum Wy Winbum Debds removal $14,000 36 Storm drain collapse Wi htman St Remove debris Replace drain section $2,500 37 Winbum W laza ndbag Winbum \Plaza $3,500 38 Storm drain failure Bride St\Lee St Remove debris $1,500 391 Storm Drain oollapse i Iowa St\Brid a St Remove debris •Iowa St\Mountain Av Replace drain section Project Name Location Project Total •This portion of the project was not originally included In estimate $26,000 40 Winbum Wy Bridge blockage Winbum WyXPlaza Remove debris Clear channel $4,000 41 Vista St road work 200 block Vista St Bank washout Road undermined $2,500 42 Elkader St road work Eikader St Road washout Replace culvert $2,000 431 Strawberry Ln washout Strawbe Granke Remove debris $2,000 44 Storm drain collapse Wi htman St Remove debris Replace drain section $4,500 45 Plaza debris removal&cleanup Winbum\Plaa\lower park $15,000 46 Water St cleanup Water St-N Main to B St $3,300 47 W WfP-Channel Restoration Ashland Creek Bear Creek $10,000 48 Ashland Creek Pump Station Ashland Creek Pump Station $5100 49 Bear Creek Trunkline&access Rd Bear Creek Trunkline Replace 76 washed out road $17,600 50 Clay St water line repair Sisldyou Bv\Clay St Repair 6"water line $1,500 51 Water St transformer repair Water SAN Main St $2000 52 Rebuild Orchard powedines 500 block Granite St Remove trees Replace poles and line Project Name Location Project Total $7,700 53 Restore Winbum underground line Winbum Wy $-15-,000- 54 Granite St underground lines Granite St\Winbum Wy $4,600 55 Calls Guanajuato-Underground line Guanajuato Winbum Wy Debris removal Rebuild underground line $2,000 56 Calls Guanaivato vault removal Guana'uato Wy $5,300 57 Wastewater Treatment Plant W WTP-Bear Creek\Oak St Clean out primary clarifier vacuum sand and rock from headworks $4,600 58 Winbum Wy sewer line restoration WinbumWy $1,500 59 24"Water Transmission line repair Between Reeder&Fitter Plant Replace trestles $2,000 60 Sewer Line cleanout North Main St to Hersey St $1,600 61 Sewer Line cleanout Hersey St to Heiman St $-3-,-200- 62 Lithia Park to Winbum Wy sewer line Lithia Park to Winbum W Clean&repair 8"sewer line $1,500 63 Wastewater Treatment Plant road work W WTP-Bear Creek\Oak St This project was an unknown at time of original estimation $2,000 64 Misc Street re lm\debris removal Various sites 29 small projects,av $396 per $11,500 Total City Component $1,755,000 Parks Departrnent Projects Location 201 Lithla Park-Bride repairs Various brid esWshiand Creek $40,000 Project Name Location Project Total 21 Lithia Park-RipariankTrail restoration Ashland Creek area $75,000 22 Llthla Park-Calls Guanajuato Calls Guanajuato $100,000 23 Lfthia Park-replace front lawn Lower Lkhia Park\Plaza $50,000 24 Lithia Park-Sluce Reservoir LOhia Park-Granite Reservoir $0 Pro ect cost transferred to#15 25 Llthla Park-Playground restoration Lithia Park-across from Nutley St $25,000 26 Llthla Park-Trail restoration Llthla Park-Various .$0 Combined with project A21 27 Lfthla Park-Misc landscape work Lfthie Park-Various $50,000 28 Lithia Park-Irrigation systerns Lithla Park-Various $10000 Contingency $25,000 Consuftants\Archftects $25,000 Total Parks Department Com nant $400,000 Total City Com rant $1,766,000 Total Parks Departm nt Com nant $400,000 Capital Project Total $2,155,000 Private Parks Donations ($50,000) Federal Highway Fun din $219000 Potential FEMA Funding-Assumin 50%of total $1,077500 Contingency for Winbum Brid a\Channel design $450,000 $Range of Bond Issue $808,500 $1,258,500 F*4 z 9 7 � C nn , �t{}E C.OLY T ETC . ON `:O L6 1 �tE sceEC- r oEv A -r M a Cx-QEAT X06 A 1,W tk CARE lo�No Ty 0�p -r.}E iEPh 2�-ME^' r 1}0S \J NM OI.SEN > �ENN � S jhQN -r5 S-rREET OEPT . I PE'CE L - sk dER`/ WeLL P �cvcEA SATC_k! C, 377 Lantern Hill Dr. Ashland, OR 97520 March 3, 1997 Mayor Cathy Golden Ashland City Council Ashland, Oregon 97520 Dear Mayor Golden and City Council Members: This letter is in response to John Sully's testimony before the City Council meeting of February 18, 1997. As the developers of the four-lot subdivision on Lantern Hill Drive we are very much disturbed by the personnal attack on John McLaughlin and the Planning Department. We firmly believe and want to emphasize that John McLaughlin, past director John Fregonese, and the Planning Department staff members take their jobs very seriously and perform their duties in a professional manner. At no time did any staff member compromise the city's interests in the planning or construction of this subdivision. This development has a long history, and while our original application was filed with the Planning Commission in 1990, final approval with many changes did on occur until November 1993. The neighbors from the 300 block on Granite Street were adamantly opposed to this development and preferred the property remain an extension of their backyards. We offered to sell the property to the neighbors and to the city but those offers were never accepted. Unfortunately the flood and mudslide of January 1, have reopened old wounds. The City of Ashland is fortunate to have John McLaughlin as Director of Community Development. And we will continue to work with the Planning Department in developing a plan to rehabilitate and stabilize the mudslide channel. Sincerely, il:z CJ . Gary Seitz Diane Seitz Dh Juma&q ,b. Aiu.&xA,-, had �rn n c a�ecllr a,t /Wuxua. PAS. Ik A, A611 h - Cans{, �h�:Cc. l dormer a ,tea, , z '� � g W�Al