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HomeMy WebLinkAbout1997-0715 Council Mtg PACKET VII. PUBLIC FORUM: Business from the audience not included on the agenda. (Limited to 5 minutes per speaker and 15 minutes total.) VIII. NEW & MISCELLANEOUS BUSINESS: 1. Report of Acting Police Chief Clements on the status of the Chronic Nuisance Ordinance, including potential repeal of sunset-clause in the ordinance. 2. Report of Acting Police Chief Mel Clements on recommended changes to regulations on skateboarding on city streets. IX. ORDINANCES, RESOLUTIONS AND CONTRACTS: Reading by title only of "a Resolution Adopting a Transportation Utility Rate Schedule Pursuant to Section 4.26.020 of the Ashland Municipal Code and Repealing Resolution No. 97-08." (This is a 12.3% increase in the fee schedule, and an opportunity for public comment is welcomed) Reading by title only of "a Resolution calling a Special Election on September 16, 1997, in the City of Ashland for the Purposes of Submitting to the Voters of the City a Measure for a Five-Year Serial Uniform Amount Levy to Provide Funds for the Operation of Youth Activity Programs, with the Levy to Be Assessed Beyond That Now Authorized by Article XI, Section 11, of the Oregon Constitution." 3. First reading of "an Ordinance Adding Chapter 11.54 to the Ashland Municipal Code Regulating the Use of Skateboards Within the City of Ashland and Repealing Section 11.16.130 of the Ashland Municipal Code." X. OTHER BUSINESS FROM COUNCIL MEMBERS XI. ADJOURNMENT (Reminder: Study Session, Wednesday, August 16 at 12:30 at Council Chambers, to discuss status of flood restoration projects with OTAI) MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL July 1, 1997 PLEDGE OF ALLEGIANCE Mayor Golden called the meeting to order at 7:00 p.m., Civic Center Council Chambers. ROLL CALL Councilor Laws, Reid, Hagen, Wheeldon and DeBoer were present. Councilor Hauck was absent. ANNUAL MEMBER MEETING OF THE ASHLAND COMMUNITY HEALTH CARE SERVICES BOARD OF TRUSTEES UPDATE OF STATUS AND BOARD MEMBER APPOINTMENTS; f Mayor Golden explained that this is required by law under the By-Laws to hold an annual meeting once every year. Hospital Administrator, Jim Watson introduced Hospital Controller, Mike MacGraw; Board Members, Mary Jane Tillson and Dan Jackson. Explained that in the Articles of Incorporation, Article 8, Section 4, one of the four duties for the City Council, as a member of the Health Care Services, is to have an annual meeting. Tillson reported on new Board Member appointments consisting of Dr. Bruce Johnson, Paul Nickelson and Dr. Dan Jackson. Reported that the Board completed its strategic plan and are busy at this time preparing for the joint commission survey. Reported on a recent retirement party for Steve Lunt, who had served eight years as Chairman of the Board and Board Member for two years. Watson gave update on the hospital, reporting that there had been significant growth. Reported on addition of 35 personnel and 18 new physicians to medical staff. Finished addition to emergency room, which they believe will meet the community needs for the next 10 years. Explained that due to increased surgical services that they are currently building two new surgery units, with expected completion in September. Reported that the purchase of the Gordon Brown property, adjacent to the hospital, was completed. This property was converted into Community Outreach with primary functions as Home Health and Assisted Living, as well as a number of other community projects. Their focus is on adding Surgery, EMT and Urology. Reported that gross revenues increased by $3million and cash improved $1million. Explained that some of the challenges that they face involve the federal government closing on a budget and saving the medicare fund. The government found that it is very easy to reduce payments to providers as a way to spreading out the length of the medicare fund. Even though costs may be going up, they are looking at a flat increase for the first year of a five year plan, and a current plan for the City Council Meeting 7-01-97 1 remaining four years, of I% or more, for low inflation. This plan will press the hospital to be even more efficient without impacting quality. Watson noted that there is a ambulatory/surgical center in Medford that gives them cause for concern. Not that business will move to Medford, but that they will be pressed to match the rates. Watson clarified for council that because of the difficulty to get 19 communities to agree on how to do things, the initial connection with Cascadia has not happened. APPROVAL OF MINUTES The minutes of the Regular meeting of June 17, 1997 were approved with the following amendments: page 1, under Special Presentations & Awards, paragraph 1; zero landscaping should be "xeroscaping"; 2nd sentence should end with "participation in Earth Day events and the 4th of July parade."; paragraph 2, last sentence should read "for pre-consumer vegetated food waste....". SPECIAL PRESENTATIONS & AWARDS 1. Mayor's Proclamation of July 5, 1997 as "Chad Cota Day" in Ashland. Mayor Golden read proclamation for "Chad Cota Day". CONSENT AGENDA 1. Minutes of boards, commissions and committees. 2. Monthly Departmental Reports - June, 1997. 3. Authorization of City Administrator to sign agreement with City of Talent for building inspection services. 4. Confirmation of Mayor's appointments to the SDC Committee. 5. Confirmation of Mayor's appointments of Karen Brenten and Kerry KenCairn to the Tree Commission. 6. Confirmation of Mayor's appointment of Elaine Wray to the Housing Commission. Mayor Golden pulled item #6 as the appointee had moved out of the area. Councilors Hagen/Wheeldon m/s to approve consent agenda items #1 through #5. Voice vote: all AYES. Motion passed. PUBLIC FORUM Danial Gaon/Box 3578/Read letter to council regarding his belief that there is a danger that exists with relation to the general public and the Ashland Shooting Range. Raised concern and awareness to all levels of authority in regards to the situation that has developed around the SPECIAL-USE PERMIT, which has authorized the City of Ashland Police Department to lease a 3.08 acre site. The location is on the Rogue River National Forest for the purposes City Council Meeting 7-01-97 2 r ' of a rifle and target range in connection with law enforcement activities for the City of Ashland. The range has been used since the early 1960's and expires on 12-34-2014.- His letter listed several aspects of noncompliance with the permit on the part 6f the holder (City of Ashland Police Dept.) and will seek a court injunction, suspension and/or revocation of the permit. Explained that he had been accosted by several uniformed police officers while in the area and was asked to leave, as he was "trespassing and on private property". Shared information received from the Ashland Ranger Station, a copy of the permit that was issued to the city. The permit stated that the agreement is a non-exclusive use. Commented on the concern for public safety. Goan explained that there was a number of required conditions where the citpwas in noncompliance. Some of these noted by Goan were, "holder shall maintain the permit area to standards of repair, orderliness, neatness, sanitation and safety acceptable to the authorized officer..."; "holder shall dispose of refuse resulting from this use including waste materials, garbage, and rubbish of all kinds in the following manner: deposit in approved landfills..."; "holder shall have in force public liability insurance covering...."; "holder has a continuing responsibility to identify and abate hazardous conditions on the permit area..."; and "holder shall erect warning signs on all sides of the range in accordance with the specifications attached to this permit.". Goan explained that his intention was to seek a court injunction, termination, revocation and or suspension of the special use permit. His reason for this action, is that it would be in the public interest. Mayor Golden requested that a letter be sent to the Forest Service asking that an update be given on how a permit is issued for this type of use. Interim Police Chief Mel Clements, reported that the Forest Service has suspended the permit and are working with the city in order to provide all the necessary papers for the permit. Explained that there is no alternative as yet for a shooting range, but plan on contacting the Ashland Gun Club to see if there is a source there. City Administrator Brian Almquist clearly stated that the Ashland Water Shed is a "closed to the general public" area. It is part of the US National Forest, but is a municipal water shed which is closed by joint order of the Forest Service and the City of Ashland. Almquist explained that there is a gate which warns that the area is closed to the general public. That is very important due to fire danger and the integrity of the city water source. Councilor Reid commented that much of the property that is adjacent to the shooting range is below the watershed, along with the creek adjacent to the city park which goes up the street. Explained that many people use this dirt road to get up to the National Forest"Service who City Council Meeting 7-01-97 3 are not trespassing or entering into the Ashland Watershed. Reid would like to direct staff to look at possible alternative sites for the shooting range. Reported on concerns from property owners in the area regarding young children going into the shooting range area out of curiosity. Believes that with the increase of use in this area of Lithia Park and the swimming hole, that this concern should be seriously looked into. Mayor Golden commented that it would be appropriate to keep those using the gun range apprised of the law and familiar with the permit process. NEW & MISCELLANEOUS BUSINESS 1. Annual report on status of implementation of "Valdez Principles" by Conservation Manager Dick Wanderscheid. Conservation Manager, Dick Wanderschied reported on the council goal of implementing the "Valdez Principles". The ad-hoc committee will plan on giving an update of progress on the 1st of July each year. Submitted report to council that outlines a list of initiatives under each principle where the City is currently working on projects, or has adopted ordinances/policies which are related to the principles. One proposed suggestion would be to write a short, simple, and concise version of the principles for the use of city employees in their daily activities. It would also be helpful to integrate these in job descriptions. Suggested using existing safety meetings to educate city employees regarding environmental principles. Discussed ways to educate Ashland citizens. Council commented on several ideas through a possible "green store". Mayor Golden reminded council of the idea of promoting phosphate free detergent for use at restaurants. Wanderschied explained that he was not comfortable with competing with the private sector, as this would be taking business away from businesses. Felt it may be acceptable to "jump start the market", but only if the private sector was not providing the product. Explained that the Conservation Programs try to support existing businesses in providing these products. Wanderschied reported to council that the "wet pick-up" for restaurants is currently being worked on with the assistance of Ashland Sanitary. Wanderschied explained to council that conservation efforts involve doing the right thing as a city and to educate citizen's to do the right thing. By doing this, it would be hopeful that this would come together and conservation programs would be taken advantage of. The ad- hoc committee's focus at this time, is.with the city. Reported that a memo was recently sent out to all Department Heads outlining the Valdez Principals. 2. Request by Rogue Valley Civic League for financial assistance in Healthy and Sustainable Communities Project. City Administrator, Brian Almquist presented to council the request on behalf of the Rogue Valley Civic League, for funding of the Healthy and Sustainable Communities Project City Council Meeting 7-01-97 4 (HSCP) to the City of Ashland. The Civic League is seeking $1500 from the City of Ashland, which is a collaborative effort to produce a community based Regional Vision Plan for Jackson and Josephine counties. This funding would support the Community Open House in Ashland and the implementation of Action Recommendations that have specific impact on the city. They ask that the city become a partner in hosting the "Community Open House". These events will be held in 16 communities to discuss the outcomes of the Round Table discussions and receive input on the draft plan. The have received $5000 from the City of Medford and are making a request to each of the 16 communities. Almquist stated that the City of Ashland is one of the first initiators of the Civic League. Councilors Laws/Reid m/s to approve request for funding. Voice vote: all AYES. Motion passed. 3. Request by Allan Sandler to address the City Council on the development of a Skateboard Park on Water Street. Allen Sandler presented to council what he felt was a fast way to get the Ashland Skateboard Park built this summer. Commented on the hard work that the kids involved have spent on this project. Presented designs of construction for council review. Reported that the City Parks Department will contribute $50,000 towards the project on the corner of Hersey Street and Water Street. Stated that the kids involved have raised about $2,500 towards the project. Requested that the City of Ashland contribute $25,000 toward the project through cash and in-kind services. Sandler stated that he would raise the remaining balance of $25,000 needed to complete the project. Reported that the City Parks Department had offered,to handle and control all funds raised. Stated that the Skateboard Park would be owned and-operated by the City of Ashland through the Ashland Parks Department. Sandler requested that a message be sent to the kids of Ashland, that they would be heard regarding their needs and given respect for their actions. He would like the kids to feel more of a part of our community, to feel good about themselves for starting this project and then working it through the system. Mayor Golden questioned whether this had been presented to the Parks Commission. The reason she questioned, was that the land requested for the SkateBoard Park, is dedicated park land. Golden could not recall a time when the City Council has stepped in on dedicated park land and funded the development of the land. Mayor explained that the Parks Department has their own tax base and budget, which is used to fund development of parks. Golden believes that the city would be willing to lend in-kind services, but not monetarily. i Councilor Laws stated that it is important to be reminded that the Parks Commission and the City Council is all a part of the City Government of Ashland. Felt that the request had City Council Meeting 7-01-97 5 already come before the City of Ashland in the form of the Parks Commission. That the request for help on this project had been approved. Laws felt that by approaching the City Council with the same request, it was a duplication of what had already been requested to the Parks Commission. Felt there is a lot of benefit for a group to go through the hard work in order to make a project come into existence. Laws agreed with Golden, that the city may be willing to participate with in-kind services, but believes a substantial amount of money has already been given through the Parks Commission for this project. Councilor Reid suggested that the group return to the Parks Commission and speak to them based on their new budget. Sandler explained to council that they were on a deadline of January 1998 which was set by the Parks & Recreation Department. Councilor Wheeldon suggested that there be a fee associated with the proposed SkateBoard Park, which could be a leverage in gathering support for funding. The group associated with the SkateBoard Park, dismissed the suggestion, as they felt it would only move skateboarders to other areas and could be a liability problem for the city. Golden stated that the city may be willing to provide $25,000 of "in-kind services". Sandler was acceptable to this suggestion and would be willing to work with the city to stay within these boundaries. Sandler would need to work with the City Administrator and through the Parks & Recreation Department to coordinate these efforts. Councilor Wheeldon voiced concern regarding current projects that need to be completed before taking on any new projects. Councilors Laws/Wheeldon m/s to approve up to $25,000 in "in-kind services" provided by the city. This would be with the understanding that it would not interfere with achievement of any existing priority projects. DISCUSSION: Almquist reported to council that he could support this type of project. Voice vote: All AYES. Motion passed. 4. Request by ODOT for water service for Siskiyou Visitor Information Center/Rest Area, south of Crowson Road. City Administrator, Brian Almquist read memo on request by ODOT for water service and gave statistics of use by this information center. Staff reported by memo that if the rest area was relocated to North of the Highway 66 exit, it is believed that this would create a major economic loss for our community. Negotiations are in progress by ODOT to purchase a site on the East side of I-5, South of Crowson Road. The city is currently providing sewer service and that they would need to only reconnect the new facility to the line running by the property and abandon the remainder of the line to the South. City Council Meeting 7-01-97 6 ODOT has requested a domestic water service to the site to provide drinking water and sanitation. There is a non-potable well on the site for irrigation only. Water,Superintendent, Dennis Barnts reported that service would not be a problem for the water system and would be equivalent to a single family residence in terms of peak flow. Staff recommends approval of the request subject to the State paying the standard water connection and SDC fees, and signing an agreement prohibiting all other connections to the service line. John Yeaman/376 Crowson Rd/Shared with council how it feels to live in the urban growth boundary. His concern is that they are the fire buffer in this area and that this may be jeopardized with proposed changes in this area. Commented on how the council could not approve for a single family connection for water service, but consider allowing this water connection. Concerned with "piece meal" connections for sewer and water., e.. Almquist explained that the types of concerns that Mr. Yeaman has, should be addressed during the Land Use Hearing that ODOT will need to participate in. Stephen Wilks/392 Crowson Rd/Explained that the views of Mr. Yeaman is shared by many neighbors who will be impacted by this proposed building site. Council discussion regarding economic impact if rest area was located in another area. It was clarified that this rest area is only accessed directly from a freeway exit, that it would not be accessible by way of Crowson Road or any other public roadway. Councilors DeBoer/Laws m/s to approve request for water service based on the recommendations by staff and that ODOT go through the normal public,,Land.Use Hearing process It was clarified for council that the sewer line serving the old rest area runs right next to the new proposed facility and hook-up would be onto this line. Roll Call vote: Laws, Reid, Hagen, Wheeldon and DeBoer, YES. Motion passed. 5. Request by Nancy Richardson to address the City Council regarding a Partnership for Student's Sustainable Building Project in Order to Receive Grant from EPA. Nancy Richardson presented to council a request of partnership for a Student's Sustainable Building Project, in order to receive a grant from Environmental Protection Agency. The project will teach students how to build a straw-bale classroom on Ashland High School property. This classroom would serve as a model to educate the public on the benefits of straw-bale buildings for environmental protection, as well as affordable homes. A timeline for developing an Affordable Housing Program was submitted to council which outlined the portions of the project that the city would be expected to participate in. The Affordable Housing Program would be based on both the Student's Sustainable Building Project and the Self-Help Housing Project. The curriculum that the city would be asked to ,City Council Meeting 7-01-97 7 I participate in, would be for the public educational seminar. Stated that the State Building Official Association has agreed to be a partner with this program. Submitted to council a list of others that have agreed to participate in this program. Richardson requested from the council, approval for $3,000 of "in-kind services", which would help to provide meeting space, man-power for curriculum in Affordable Housing program development, copying services, postage and advertising involved in the educational seminar. Richardson reported that the Housing Commission approved a $2,000 request for this project, but would be dependent upon the approval of the partnership by the city council. It was felt that this program would serve the educational aspect of the efforts by the Housing Commission. Hagen suggested that the Conservation Commission may be able to help support through education efforts. City Administrator Almquist reported that there is funding, from the sale of property on Garfield Avenue, earmarked for use by the Housing Commission for future projects. Laws suggested approving the project by authorizing Housing Commission to provide up to $3,000 of in-kind services, along with the requested $2,000 funding. Mayor Golden suggested that this request fall under the Conservation Commission, because the Conservation Commission is more active than the Housing Commission. DeBoer pointed out that this project is not housing, but a classroom. Richardson explained that EPA normally doesn't fund buildings, but is making an exception in this case because the building will serve as a model for what it has to offer for affordable housing. Council consensus to approve participation as a partner in this program, with the support of in-kind services coming out of the Conservation Commission and the $2,000 funding from the Housing Commission. Richardson requested letter from council by July 15th, which would state their partnership and what form it would be in regards to cash donation or in-kind services. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Reading by title only of "a Resolution Electing to Receive State Revenue Sharing." Councilors Reid/DeBoer m/s to approve Resolution #97-30. Roll Call vote: Laws, Reid, Hagen, Wheeldon and DeBoer, YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS Councilor DeBoer requested information on future subjects for study sessions. It was thought that the topic scheduled was on the Hydraulic Model from OTAK. Councilor Wheeldon clarified that the meeting scheduled on LID'S may have been misunderstood as a public meeting. That this would be a work session for some of the City Council Meeting 7-01-97 8 councilors and staff to talk about where we are with LID'S. Wheeldon was hoping to get information from staff on what the experiences have been and what needs to done to continue on in approaching LID'S. Councilor Reid objected to a meeting being held without the public being invited. She felt that LID's are always controversial and it is difficult to have a study session, learn something, and exclude the public. Did not feel comfortable with allowing councilors to learn or share history and not allow that education to be learned or shared with the public. Does not believe that a closed meeting should take place. Laws suggested that a meeting be held, and if anyone inquires as to when and where this meeting is, that they be told this information. That this meeting not be considered a public meeting and not go through the official public notification. It was clarified that this meeting would not be a quorum of the council. Wheeldon explained that this type of meeting is meant only as a means of talking directly to staff for information. Hagen explained that the nature of the work done by the committee, was more fact finding rather than problem solving. Laws suggested noticing the meeting, which would allow any councilor to attend without breaching the public meeting laws when a quorum is present. Wheeldon suggested that this meeting take place at a council study session. There was discussion if there would be enough time to do two items of discussion at the next study session. Wheeldon felt that if there was going to be a study session on LID's, that the Community Development Director be in attendance. Councilor Wheeldon brought attention to the council on a letter from the Mill Pond Homeowners Association regarding Roca Creek lower channel improvements ` City Administrator Almquist was not aware of letter and suggested he look into the matter for the council. Mayor Golden requested update from Mel Clements, Interim Police Chief on the Skateboard Committee. Clements reported that the committee's discussion focused on safety and enforcement concerns. Each member of the committee was provided copies of existing skateboarding ordinances. Stated that the primary goal of the next meeting would be to complete a draft for a modified ordinance. The committee is scheduled to meet again on Wednesday, July 2nd. Golden reported that she had received calls following the last council meeting, where this had first been discussed. She clarified that there had never been any discussion on opening up the downtown area for skateboarding, the intent is to increase the downtown corridor and enlarge the area of restriction for skateboarding. City Council Meeting 7-01-97 9 Golden reported that she had reviewed and completed a comparative analysis of the rate differential on electrical rates from a year ago, before the negotiations with Bonneville Power and over the last year. Golden would like council members to support looking into a cost of service study with the hope of lowering electric rates. Believes that a worst case scenario would be around 3% and best case scenario would be 8% reduction. Requested that staff look into this and see about bringing our electric rates down. Golden suggested this, because of the negotiating position that City Administrator Almquist has been able to provide for the city, and would like to pass these savings to the citizens. Councilor Hagen requested that we investigate at the same time, a percentage going toward additional conservation efforts. Councilor Reid commented on her interest of the fiber-optic ring and the potential of our utility to become full-service. Would like to take into consideration, that as things change, we would be prepared for the future and able to offer the various options to our customers. Reid reported on a study that was done by Bonneville and the Power Planning Council about stable rates. She stated that it was found that in areas where rates could be stabilized, it was more important to the customer than rates that go up and down. Felt that if there is a large increase projected was due to deregulation, it might be better to be able to buy it off for customers. Would like staff to include this kind of information when doing the cost of service study. Laws commented that traditionally the rates of the electric utility has been set to be competitive with utilities outside of the city. The difference between what the actual cost to run the utility and that comparable rate has been used to fund city services. Believes that we should stick with this as close as possible. We have used the utility as a way to provide services to the people of Ashland, to keep property taxes down and to be able to things in the benefit of all citizens. Laws would not to like to look at this as only a possibility to reducing rates, but also looking at it in terms of how to maximize services for the good of the people of Ashland. ADJOURNMENT Meeting was adjourned at 9:18 p.m. Barbara Christensen, City Recorder Catherine M. Golden, Mayor City Council Meeting 7-01-97 10 MINUTES FOR THE SPECIAL MEETING ASHLAND CITY COUNCIL June 30, 1997 Mayor Golden called the meeting to order at 4:35 p.m., Civic Center Council Chambers. ROLL CALL Councilor Reid, Hauck, Hagen, Wheeldon and DeBoer were present. Councilor Laws was absent. SPECIAL AGENDA ITEMS 1. Public Hearing on adoption of 1997-98 Budget. Councilors Wheeldon/Hagen m/s to approve 1997-98 Budget. DISCUSSION: Public question and discussion was encouraged. Finance Director Jill Turner clarified for council how the Flood Bond relates to the proposed 1997-98 Budget. Roll Call: Reid, Hauck, Hagen, Wheeldon and DeBoer, YES. Motion passed. 2. First reading and second reading by title only of an "Ordinance Levying Taxes for the Period of July 1, 1997 to and including June 30, 1998, Such Taxes in the Sum of $5,468,450.00 upon all the Real and Personal Property Subject to Assessment and Levy within the Corporate Limits of the City of Ashland, Jackson County, Oregon." Councilors Hauck/Hagen m/s to approve first reading and move to second reading of Ordinance #2803. Roll Call vote: Reid, Hauck, Hagen, Wheeldon and DeBoer, YES. Motion passed. Councilors Hauck/Hagen m/s to approve second reading of Ordinance #2803. Roll Call vote: Reid, Hauck, Hagen, Wheeldon and DeBoer, YES. Motion passed. 3. Reading by title only of a "Resolution Adopting the Annual Budget and Making Appropriations for 1997-98." Councilors Hagen/Hauck m/s to approve Resolution #97-29. DISCUSSION: Councilor DeBoer pointed out correction that needed to be made on page 4 under Ambulance Fund, should read "TOTAL AMBULANCE FUND" rather than "TOTAL CAPITAL IMPROVEMENTS". Motion was amended to include this correction. Roll Call vote: DeBoer, Wheeldon, Hagen, Hauck and Reid, YES. Motion passed. ADJOURNMENT Meeting was adjourned at 4:50 p.m. Barbara Christensen, City Recorder Catherine M. Golden, Mayor MANA6- E PIENr UN 11'5 1 (wo'rk pl hed a s of J4.e 30, 194 j� m • � o e 0 0. ° ° C O r °°° °o � ^5����� • ° _• e8zo , , 2° L00P no 1 o boo e o ° • o �/ ,,•i rl � i Q ° ° o ° ° • e soy • �����/(� • eo 0 8 •"� '100 � •°. �(�l/1 ,E:�7/i.;r�>i�'i)�/ t �++�++°+�- comPL �r^ �� POUI�RL{F16 -: � ot},er fuel r�cl,ucl{on zones Cornp�e.��^�l t i`(A'd r-f4gcfic;n 2ot),s- pi1rn9 an� but-nin9 not compIejed J ��fD1�•i� by : 114arC•/ IYIq,� r• , 5'nq�l t.U.o.dlanc{ Sarvtcr� T.K S�4IC !' �:;(7 6�4 7 City of Ashland PARKS AND RECREATION COMMISSION REGULAR MEETING MINUTES April 21, 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 A request by the Ashland Teen Center was placed on the agenda under New Business. III. APPROVAL OF MINUTES A. Regular Meeting - March 17 1997 Commissioner Alsing made a motion to approve the minutes of the Regular Meeting of March 17, 1997 as written. Commissioner Bennett seconded. The vote was: 5 yes - 0 no IV. REVIEW OF FINANCES A. Approval of previous month's disbursements Commissioner MacGraw made a motion to approve the disbursements for the previous month as indicated by checks #15893 through #16107 in the amount of$137,777.37. Commissioner Alsing seconded. The vote was: 5 yes - 0 no V. PUBLIC PARTICIPATION A. Request for outdoor seating - Susan Powell Commissioners reviewed a memorandum from staff which outlined historical information related to policy on allocating lease space for restaurant tables on the Calle. Current policy allows for two alcove areas: one adjacent to Greenleaf and one adjacent to the deck area. Susan Powell of "Pilaf" has requested that she be allowed to lease the space in front of her restaurant which is located at the old "Websters" site. The area requested would be within 9' of her restaurant and would still allow for the 12' clearance for emergency vehicle access as required by policy. Regular Meeting - December 16, 1996 Page 2 Ashland Parks and Recreation Commission Request for outdoor seating - continued In discussion of the memorandum, Commissioner MacGraw inquired about the other restaurants in the area which were also seeking outdoor seating. Director Mickelsen indicated that this site had not been originally considered as a restaurant lease site because the business occupying the space when the plan for the Calle was adopted was not a restaurant. Now that Pilaf is located at that site, if the Commission chooses to establish that site as an area which can be leased to restaurants, Pilaf would be the restaurant which fit the primary criteria of proximity for allocating sites. Knowing that other restaurants on the Calle would like outdoor seating, he did say that, depending on the consultant's recommendation about what to do with Ashland Creek as it flows through the Calle, the Commission might have the opportunity to create more space for restaurant seating. However, at this time, the area behind Pilaf is the only area which could accommodate tables and still leave the required 12' clearance for emergency vehicles. MonoN Commissioner Alsing made a motion to approve the allocation of the space to Susan Powell of Pilaf for a one year period which would allow for the Commission to review the entire area after information is available regarding what needs to happen with Ashland Creek. Commissioner Bennett seconded. Commissioner Eggers inquired as to whether or not the entire concept for the area might change which would eliminate or change the current areas allocated for restaurant usage. Director Mickelsen indicated that if the Commission believed that it needed to make a major change in policy that it would have some obligation to work with the plaza businesses, particularly the restaurants which currently have agreements with the Commission, prior to making major changes. Commissioners Alsing and Coppedge concurred indicating that if the Commission begins contemplating a major design change that all interested parties will need to participate but in the interim saw no difficulty with granting Pilafs request. In clarification, Commissioner Alsing said that because the lease agreements with the restaurants are renewed on a yearly basis, the 'one year" in the motion should be interpreted as between this date and December 31, 1997. In response to Commissioners questions, Susan Powell said that she and Jim Young, representative from the marketplace, had talked over the idea and that he saw no difficulty for the market vendors if tables were placed in that space. Commissioner MacGraw said that prior to this request coming before the Commission that she had been contacted by a couple of other restaurants in the area which also wanted outdoor seating. She indicated that although she found no difficulty with Ms. Powell's request according to current policy and that she understood that there was no other area on the Calle which could currently handle additional table space, she was uncomfortable with providing an additional area without having all interested parties present to discuss their situations also. The vote was: 4 yes - 1 no (MacGraw) Regular Meeting - December 16, 1996 Page 3 Ashland Parks and Recreation Commission PUBLIC PARTICIPATION - continued B. Open Forum None VI. OLD BUSINESS A. Presentation from Skateboard Park committee Commissioners reviewed a memorandum from the Skateboard Park committee which recommended that the committee be granted a six month extension of the Commission's commitment to set aside $47,500 for development of a facility provided that the community group could raise monies to fund the balance of the project. Indicating that the community group had made substantial progress on developing a design for the facility and had been somewhat successful in raising monies, Commissioner MacGraw said that she felt extending the Commission's commitment through December 1997 was a reasonable request. Noah Sanderson, representing the community Skateboard Park group, and John Hardy, engineer, presented a model of a design which they felt would fit the Water Street Park area and provide the kind of facility which skateboarders would use and enjoy. Commissioner Alsing inquired as to whether or not this was the final design. Mr. Hardy indicated that it probably was; that at least it was close. During discussion, Mr. Hardy outlined the various steps which would be taken to have the design approved including presenting it to the Planning Commission. This was one of the reasons that the committee was requesting an extension of the Parks and Recreation Commission's commitment to the project. MOTION Following discussion, stating that it was obvious that substantial time, dedication, expertise, and commitment has been demonstrated by the Skateboard Park group, Commissioner MacGraw made a motion to have the Commission renew its commitment to the group as outlined in the memorandum to the Commission dated September 20, 1996 and to extend the deadline for that commitment through December 1997. Commissioner Alsing seconded. The vote was: 5 yes - 0 no In general discussion concerning the design as presented at this time, it was clarified that although Commissioners expressed no problem with the design as it appeared to be developing that the Commission would still need to approve the final design. Commissioners recommended that the group continue to work closely with Director Mickelsen and with Commissioners MacGraw and Coppedge as needed. Commissioner Coppedge also mentioned that there appears to be a sizable amount of grant monies available which could be applied to this project but that the community group lacked the expertise to write proposals to apply for the grants. She inquired whether or not the Ashland Parks Foundation might be able to assist the group in applying for grants. Director Mickelsen and Commissioner Alsing indicated that they would present that concept to the Foundation Board. Regular Meeting - December 16, 1996 Page 4 Ashland Parks and Recreation Commission B. Presentation on natural area - N Mountain Park Linda Chesney and Kari Tuck were present in the audience to make a recommendation to the Commission regarding establishing an official advisory board to work on planning for the development and programming related to the natural area of N. Mountain Park. Ms. Chesney reported that the site analysis of the natural area would probably be completed about mid-summer and that they anticipated that a public meeting would be held some time late summer when people are back from vacations. She indicated that the educational projects are ongoing with the spring offering a lot of opportunity. Because of all the interest and activity in the area she said that she and Ms. Tuck felt that it would be an opportune time to create a more formalized advisory board which could assist with planning for both educational and recreational activities which might occur now and in the future. Indicating that although she and Ms. Tuck have been working as coordinators for the Commission, she said that they both believed that a board would assist in keeping a the public involved and the process on track. They envisioned a "self-selecting" board of approximately 6 - 12 members which would meet approximately once a month until things were rolling. To date, she and Ms. Tuck have been meeting with a loosely formed group of interested persons utilizing different people at different times depending on what was being addressed at the time. The concept was to formalize the structure whereby people with particular interests or expertise could serve on an advisory board recognized by the Commission which would extend beyond this initial developmental stage. In discussion of the concept with Commissioners, Ms. Tuck indicated that they were open to structure the framework in any manner which the Commission felt appropriate; their primary interest was in putting together a group of people who would cooperatively work on advising the Commission on what policies should be set for the area. Indicating that he was not opposed to the concept of an advisory board, Commissioner Alsing said that in his experience he had found that sometimes advisory boards could feel put off if the policy making body, which is in this case the Commission, did not always concur with the board's recommendation. He said that if the Commission chose to officially recognize an advisory board he hoped that those individuals would understand that the Commission may not always be able to follow their recommendations. Commissioner Bennett recommended that a Commissioner serve on the board. He also said that as N. Mountain Park included an active sports component as well as a natural area component, he recommended that a member from the active sports community also service on the board. Other Commissioners concurred with the recommendations. In brief discussion, Commissioner Eggers was asked to be the Commission representative to the board. She agreed. MOTION Commissioner Bennett made a motion to establish a N. Mountain Park natural area advisory board, as generally discussed above, which would assist the Commission in developing policies related to planning the development and programming for the area and which would include one Commissioner, a Department staff person, and a representative from the active sports community among its members. Commissioner MacGraw seconded. The vote was: 5 yes - 0 no Regular Meeting - December 16, 1996 Page 5 Ashland Parks and Recreation Commission Advisory Board - continued Ms. Chesney and Ms. Tuck indicated they that would work with the Director to put together the structure and membership of the board. Commissioners asked that a list of names for those people interested in serving on the board be brought back to [hem for appointment. C. OTAK recommendation on front lawn Lithia Park Director Mickelsen indicated that, as Commissioners were aware, the Department has been waiting for a recommendation from the consulting firm hired by the City to determine what, if any, modifications needed to be made to the front lawn of Lithia Park. He reviewed that OTAK's contract with the City incorporated a statement that die firm would present an initial recommendation to the Commission regarding the front lawn. And, that in previous discussion among Commissioners, consensus was that because the front lawn area was of such importance to the park, that once OTAK made it's recommendation, the Commission would then make a decision as to how to proceed on the front lawn area. After holding lengthy discussion with Department staff, both OTAK and Department staff concluded that there were four primary goals which needed to be addressed regarding the front lawn area: to protect and enhance the creek's riparian zone, to protect and minimize the damage to the plaza area in future floods, to maintain a very functional and attractive lawn area, and to incorporate whatever design features are chosen into the overall design and historical features of the park. Considering the four goals, Director Mickelsen said that after considering several alternatives, the OTAK team and Department staff believed that there was one recommendation which would meet all the criteria. OTAK's recommendation is to establish a specifically engineer flood wall. To demonstrate where the wall would lie Director Mickelsen presented a simple map of the front lawn area which depicted approximately where the wall would be located; that is, it would run from the main pathway as it intersects with the smaller pathway from the arched bridge down to the front lawn sidewalk at a distance approximately 20' from the existing creek channel. This twenty foot inset would allow for enhancement of the riparian corridor to include fish and wildlife habitat if the Commission should so choose. OTAK anticipates that the wall would be approximately 4' high on the creek side and between 4' and 2' on the park side depending on lawn elevations. He said that OTAK indicated that the wall would tie in with whatever other recommendations they would have for the City concerning the Winburn Way crossing and further down the creek. Elaborating on the concept, Director Mickelsen said that Paul Fishman of the OTAK team indicated that the wider riparian buffer zone would allow for stream charnel enhancement which OTAK may recommend at a later time. He said that if the stream channel needed to be made wider, that would be done on the street side, not the park side. He also said that although the flood wall would be engineered for the purpose of mitigating damage from future floods that, aesthetically, it would be visually similar to the other rock walls in the lower park. Regular Meeting - December 16, 1996 Page 6 Ashland Parks and Recreation Commission Front Lawn - continued As to mitigating damage from future floods, Director Mickelsen reported that OTAK indicated that a 4' wall would be able to handle waters similar to those in 1974 and 1997. As the water hit the wall, it would be deflected back into the stream channel. In addition, the wall would be constructed in such a manner that it would be flat on top so that if more than 4' is needed, sandbags could be placed on top of the wall to give it added height. Also, to complete the barrier the wall would provide, sandbags could be placed across the main pathway to meet the rock wall which already exists on the other side of the pathway, again directing the waters back into the stream channel. Director Mickelsen briefly reviewed the alternative options which OTAK rejected because they did not meet the four goals described above. One was to raise the elevation of the lawn by four feet; that was unacceptable because it would destroy the front entrance by creating a "dirt wall" between the plaza and the park. Another was to create a berm along the creek channel; that was unacceptable because to establish a moderate slope from the berm into the lawn would take up half the lawn area. He said that both OTAK and Department staff concurred that due to the importance of the front lawn area including many valuable trees that the flood wall was far superior to the alternatives. During discussion, Commissioner Eggers inquired as to whether or not OTAK had determined how the wall would affect water flow down stream and whether or not it was appropriate to build such a structure in the floodplain. Director Mickelsen indicated that OTAK said that the wall could be incorporated into whatever needs to be done down stream, that it would be a good "first line of defense". He said that as yet the City has not authorized OTAK to begin its work on the full scope of the project; just on its recommendation for the front lawn. Commissioner Eggers questioned whether or not the Commission could make a reasonable decision regarding the front lawn without the full study having been done. Commissioner Coppedge inquired as to what would be placed in the riparian buffer zone. Director Mickelsen said that the area would not be worked on at this time; that later in the process OTAK's Paul Fishman would assist staff on planning for the riparian zone. Cate Hartzell, present in the audience, inquired as to the cost of such a wall. Director Mickelsen said that as yet the Department could not present an accurate estimate. A lot would be determined by how much Department labor could be used and what kind of rock would be used. Once the concept of the wall were approved then staff would investigate how to best proceed with construction. Ms. Hartzell said she also wanted to alert the Commission that OTAK had indicated to several members of the community that their recommendation to the Commission would be for a "temporary measure". Obviously, constructing a "flood wall" is more than temporary. Director Mickelsen said that the only temporary solution which he knew that OTAK had considered was to simply build a berm but that they had rejected the temporary measure believing that the flood wall would be a good first step for any overall solutions to help mitigate future flooding; any modeling they would do could be predicated on the wall. Commissioner Eggers again expressed her concern that a permanent solution would be Regular Meeting - December 16, 1996 Page 7 Ashland Parks and Recreation Commission Front Lawn - continued offered without OTAK having had the opportunity to complete its studies. She said that her discomfort with making a decision regarding the wall was that she did not understand how "one piece of the puzzle" could be put in place without getting the big picture first. She expressed concern about what might happen up-stream which would make the wall ineffective. John Scully, present in the audience, indicated that he believed the recommendation of the flood wall was a good first step. He said that the real work will be done at the Winburn Way cross and below but this would certainly help particularly if high waters come again before the City is able to do the work down stream. He said that in looking at temporary vs. permanent, if something is done temporarily, it will help temporarily; if something is done permanently, it will help permanently. The flood wall would be "more than a bandaid" to solving future flooding problems. And from the point of riparian habitat, it is an excellent idea. Referring back to the RFP process undertaken by the City for selecting a consulting team, Commissioner Alsing said that various people had thrown out ideas as to what might happen at the front lawn including berms and entirely re-configuring the lawn area. He said that when he heard those options then that they did not seem practical or appropriate for the front entrance to Lithia Park. He said he believes that the flood wall proposal is a good one in that could fit in with the overall character of the park as well as adding to future flood protection measures. Commissioner Eggers said that she wanted to be clear that whatever decision was made would best fit the overall picture for the future; that she had asked all the questions she could think of on short notice but she wanted others to have the opportunity to ask their questions also. She said that she would like to participate in a process to review the recommendation. Commissioner Alsing said he felt that he would like to make a decision based on OTAK's recommendation so that work could proceed. Indicating that the Commission has patiently waited for the RFP process to take place and for OTAK to make its recommendation, Commissioner Coppedge said that she was ready to act on the recommendation and that she felt the Commission had an obligation to re-establish the front entrance as soon as possible. She said that she believed the wall would do the job pertaining to future flood control and could be an enhancement to the lower park and the riparian area through the park. Commissioner Eggers said that she was feeling rushed to make a decision and that without OTAK's recommendation being presented in writing with opportunity to consider it and the rejected alternatives that she was not meeting her responsibility as a Commissioner. She said that she would like to see a list of the other options as well as this recommendation in writing and that they be made open to the public for discussion prior to making a decision. She said that the wall may be the perfect decision but that she needed more opportunity to think about it herself and to gather input from others in the community. Cate Hartzell encouraged the Commission not to make a commitment to the wall prior to allowing opportunity for other persons in the community have the opportunity to look at the recommendation and to ask questions. She said that so many people within the community Regular Meeting - December 16, 1996 Page 8 Ashland Parks and Recreation Commission Front Lawn - continued have been interested in and working on issues related to the flood that she believed it would be in the Commission's best interest to allow those people to review the recommendation prior to making a decision. She said that the Ashland Watershed Partnership would be meeting with OTAK representatives this week and that the recommendation could be presented to that group at that tune. Commissioner MacGraw commented that she was supportive of OTAK's recommendation for the wall and that she believed that in a previous Commission meeting that the audience had indicated that the community wanted the Commission to take action on the front lawn as soon as possible, however, she also understood Commissioner Eggers' and Ms. Hartzell's concerns about airing the recommendation prior to the Commission making a final commitment. Commissioner Eggers said that she would feel more comfortable making a decision if it were contingent on including a few days for the public to respond to the recommendation prior to its being considered firm. MOTION Following additional discussion, Commissioner MacGraw made a motion to preliminarily approve the concept of a "flood wall" in the lower lawn of Lithia Park as recommended by OTAK and to authorize staff to proceed with work on the lower lawn provided that there were no major concerns brought up by the end of the week. Commissioner Alsing seconded. In discussion of the motion, Commissioners indicated that, if concerns were brought up that could be described as really pertinent and functional related to the wall, then the Director would bring that information back to Commissioners so that the decision could be made as to whether or not a Special Meeting would be held to re-address the issue. Otherwise, the decision would stand and work would begin. The vote was: 5 yes - 0 no VII. NEW BUSINESS A. Review and approve bids for sand Director Mickelsen said that regardless of what other decisions are made related to the front lawn, sand would be needed to restore the sand base lawn. He presented a bid tabulation form indicating responses to a bidding process. MOTION Commissioners reviewed a bid tabulation form for purchasing sand per specification for the front lawn. Commissioner Alsing made a motion to approve the low bid submitted by Crater Sand and Gravel. Commissioner MacGraw seconded. The vote was: 5 yes - 0 no Regular Meeting - December 16, 1996 Page 9 Ashland Parks and Recreation Commission B. Reouest by Ashland Teen Center for Y.A.L. monies Community Works, the organization responsible for the operation of the Ashland Teen Center, made a request in a letter dated April 17, 1997 for continued funding of a part- time position for staffing at the Teen Center. In fiscal year 1996-97, the Commission funded up to $4,000 from Youth Activities Levy monies to support this staff position. In the letter they requested an allocation of$4,140 in fiscal year 1997-98 for the same purpose. Commissioners reviewed a report from staff related to upcoming commitments for Youth Activities Levy monies for 1997-98 which indicated that there would be sufficient monies available for the Teen Center's request if the Commission chose to approve it. MOTION Commissioner Alsing made a motion to expend up to $4,140 of Youth Activities Levy monies to support additional staffing at the Ashland Teen Center under guidelines similar to previous years. Commissioner Eggers seconded. The vote was: 5 yes - 0 no VIII. COMMUNICATIONS and STAFF REPORTS A. Work on lawn below playground area Director Mickelsen reported that staff was going to begin work on the lawn area adjacent to the creek just below the playground area in Lithia Park. He said that during the flood that in trying to relieve blockage in the stream channel that the City had broken and removed some large rocks and deposited them on the park lawn. He indicated that to restore the lawn those pieces of rock needed to be removed and that park staff would proceed to do so unless Commissioners felt it should not be done. He said all the rocks were in the park and that staff would not be touching the stream channel. Commissioners indicated that they saw no problem with staff moving the debris from the park. B. Update regarding "Patrons of Lithia Park" Director Mickelsen reported that the "Patrons of Lithia Park", the ad hoc group which has been endeavoring to raise monies for the restoration of the park, has been meeting every Tuesday and has been very productive in writing grants related to park restoration. The grants are being written under the auspices of the Ashland Parks Foundation and the group is very hopeful that they will be hearing about grant commitments very soon. IX. ITEMS FROM COMMISSIONERS A. O.S.F.A. pledge for donation to Ashland Parks Foundation Commissioner Alsing reported that the Ashland Parks Foundation had received a letter from the Oregon Shakespeare Festival Association which advised that the Festival board had made a commitment to donate a minimum of $25,000 to the Foundation due to the particular needs of Lithia Park following the New Year's Day flood. Regular Meeting - December 16, 1996 Page 10 Ashland Parks and Recreation Commission B. Commentary on flood restoration bonds Chair Coppedge indicated that she believed it would be appropriate for the Commission to make some kind of statement in support of passage of the flood restoration bond measure. She inquired whether or not the other Commissioners would support her writing a brief Commentary or Letter to the Editor to that effect. Other Commissioners felt that it would be appropriate and authorized Chair Coppedge to write the commentary on the Commission's behalf. X. UPCOMING MEETING DATES and PROPOSED AGENDA ITEMS A Special Meeting was set for 10:30 a.m. on Monday, April 30, 1997 to review bids for the color coating of tennis courts. The next Regular Meeting was set for Monday, May 19, 1997 at 7:00 p.m. at the Department Office. Director Mickelsen anticipated that financial statements pertaining to the ice rink would be available for the May meeting. XI. ADJOURN to Executive Session - Salary Negotiations XII. RE-CONVENE to Regular Session A. Salary negotiations for 1997-98 fiscal Year MonoN Commissioner MacGraw made a motion to approve an agreement between the Commission and all department employees as outlined in the memorandum dated April 18, 1997 for salary and modifying the Director's Agreement by increasing the days to 274. Commissioner Bennett seconded. The vote was: 5 yes - 0 no XIII. ADJOURNMENT With no further business, Chair Coppedge adjourned the meeting. Respectfully submitted, 44-0) 4J-�— Ann Benedict, Business Manager Ashland Parks and Recreation Department City of Ashland PARKS AND RECREATION COMMISSION SPECIAL MEETING MINUTES May 1, 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. She briefly outlined for the audience the background information which lead to the Commission calling a Special Meeting related to the proposed "flood wall" for the front lawn area of Lithia Park. She also outlined the meeting format and made available to audience members various letters and memos which the Commission had received in the last week including the memorandum from Otak, Inc. dated April 28, 1997. H. PRESENTATION BY OTAK - Lithia Park front lawn Chair Coppedge introduced Lawrence Magura of the Otak consulting team which is under contact with the City of Ashland. She asked Mr. Magura to introduce his team members and to review the process whereby the team recommended the construction of a "flood wall" to the Commission. Mr. Magura introduced himself, Paul Fishman, and Clay Moorehead as principle representatives on the Otak team, each responsible for their own area of expertise. He and his team members reviewed the information in the memorandum which covered a synopsis of the work which they were authorized to do immediately under their contract with the City, the goals and thought processes behind their early action recommendation regarding a "flood wall" for the front lawn of Lithia Park, responses to issues raised at the recent Ashland Watershed Partnership meeting, and finally, an alternative plan of action. A fuller explanation was given of the concept of the "early action/flood risk measures" which Otak was asked to recommend. Mr. Moorehead explained that because the full scope of the project as written in the City's RFP may not be completed by next fall when high waters could occur again, the team had been asked to recommend actions which could be taken in the interim which could provide the plaza area some measure of protection. The concept of the "flood wall" was developed within this context. The team also verbally enhanced those portions of the memorandum which discussed the goals and thought processes in developing the recommendation for a flood wall. In summary, Mr. Magura indicated that, even without the complete study having been made, Otak felt confident that the flood wall made sense because it would provide an immediate first measure of flood protection and would also fit into the long range objectives of the larger project. Special Meeting - May 1, 1997 Page 2 Ashland Parks and Recreation Commission III. DISCUSSION OF OTAK RECOMMENDATION Commissioners indicated that they did not have any particular questions. Commissioner Eggers did say that she would like to see the big picture before making a decision on a small piece of it; that once the studies are in perhaps it will be discovered that the wall is not needed and/or that it will preclude better options. Mr. Magura responded that if the wall were built, he did not believe Otak would regret its recommendation down the road as it was a secondary or tertiary line of flood defense, the primary solution would be at the Winburn Way crossing and the wall could compliment whatever decisions might be made for the crossing. Pete Seda, Arborist, present in the audience, spoke by referring to Mr. Moorehead's earlier comment that he believed the concept of a wall was first recommended by someone in the community. Mr. Seda said that he was probably the person in the community who came up with the idea of a wall, "Pete's Wall", but everyone laughed at the idea then. He questioned how the wall would connect into whatever happened at the Winburn Way crossing and what additional measures would be taken to handle large debris down stream so as not to block up the channel. Mr. Magura indicated that there were several options available for the Winburn Way crossing and that, whatever option was selected, the wall would tie in with that structure to help prevent water from being diverted down Winburn Way into the plaza. Mr. Moorehead indicated that meetings related to the City wide project would be held soon and that many of Mr. Seda's wider questions could be addressed at that point. Scott Krutz, a participant in AWP, spoke indicating that he appreciated the Commission holding off on its decision until the public had an opportunity to address some questions. He also said that he felt it was unfortunate that the meeting was called on such short notice as many interested persons were not able to attend. Mr. Kurtz indicated that from all he had heard from the Otak team this evening that the proposed wall was much more than an aesthetic enhancement and interim plan for the park, but that it did mean that the stream channel would be widened and raised. He said that he believed a more prudent measure would be to regrade the lawn to its existing level and to plant a temporary lawn which would remain in place until the broader stream channel and flood issues could be addressed. He said that he believed that because we do not yet have the hydraulic model that we don't know how wide the stream bed should be or how high the wall should be. Chair Coppedge clarified that the Commission had asked for an "early" recommendation from the Otak team regarding the front lawn, not an interim one if the word "interim" is being used to mean "temporary". She indicated that she believed that if Otak felt confident that they could make an early recommendation for a permanent action that that was preferable to taking temporary actions which would have to be done over. She asked Mr. Magura to respond to how they had derived at the height and location of the wall. He indicated that at this time the engineering had not been done for the wall; that this first approval was for the concept and that the anticipated 4' height and penciled location shown on the drawing of the front lawn was approximate to illustrate the idea. He indicated that if the Commission approved the concept and authorized the work, Otak would then proceed to engineer the wall to determine its specific location and height. He said that although the hydrologic model would provide additional information, he believed that Otak has adequate historic information Special Meeting - May 1, 1997 Page 3 Ashland Parks and Recreation Commission to engineer the wall. He also explained that Otak was not looking at the wall as part of whatever might be proposed for the stream channel. The wall would be part of the park proper to help delineate the high usage area of the park. Then there would be a riparian buffer zone, also part of the park, between the park proper and the stream channel. In order to address the question of the practicality of installing a "temporary" lawn, Department Horticulturist Donn Todt outlined the work which would be involved and explained that a "temporary" lawn would only be in place for a very short time. If the "real" lawn were not planted now it would need to be done in the fall and much of the work would be duplicated. The new sand base lawn will need to mature for about a year. If it is planted this spring, the Department would evaluate it next spring to determine whether or not it could be open for use next summer. He said that he could not recommend a "temporary" lawn be put in place from both the point of view of horticulture or cost effectiveness. Edith Montgomery asked for a better description of the wall and how it would fit in with the front lawn. A general discussion ensued regarding the aesthetic appearance of the wall and how it would blend into the overall historic amenities currently in the park. Mr. Magura said that although the engineering had not yet been done the pre-flood elevation of the lawn would approximately fit with the concept of the wall. Referring back to the additional flood protection which the wall could provide, Mr. Magura explained how the "height" of the wall could be enhanced with the use of sandbags if additional height were needed during high flood waters. Ron Roth. plaza merchant, said that he believed that the concept of the wall was probably a good one but he was surprised that the Commission was looking at it as just one piece of the puzzle without having the opportunity to see the results of the complete study. He also expressed the "what if the water got behind the wall" concern indicating that to adopt the wall in concept without the engineering having been completed did not make sense. As Mr. Roth had not been able to attend the earlier portion of the meeting, Chair Coppedge clarified that at this time Otak has not been authorized by the City to proceed with the full study due to funding considerations. And because the Commission is responsible to the community for making decisions for the park, it had asked Otak for an early recommendation related to the front lawn so that the lawn could be repaired as soon as prudently possible. After the playground, which has been repaired, the most frequent question asked of Commissioners is when they were going to get the front lawn fixed. Sue Rolly, a soil scientist, indicated that she understood the dilemma between getting on with the work and having enough information to be sure that solutions are long term solutions. She said that she believed Otak had been given an untenable task in being asked for an "early" recommendation without having had the advantage of completing the hydraulic model. She asked Mr. Magura a hypothetical question inquiring whether or not once the hydraulic model had been completed it might be possible to achieve the hydraulic capacity needed without the construction of the wall which would then make the wall unnecessary. Mr. Magura responded that that was possible; however, he still might make a recommendation for the wall because the wall would not simply serve as additional flood protection. He said that one of the objectives stated in the City's RFP was to look at ways to enhance the riparian habitat along the stream corridor. He indicated that Paul Fishman, the team's stream Special Meeting - May 1, 1997 Page 4 Ashland Parks and Recreation Commission ecologist, believes that the wall would be a positive enhancement to the park to protect the riparian area from the more heavily used lawn at the front of the park. Ms. Rolly also expressed concern about the "slurpy" affect created by floods, particularly in granitic soil areas. She expressed concern that soils and debris moving down from the watershed might create logjams which would end up diverting the water behind the flood wall. Mr. Magura said that in his opinion the wall would be inset far enough into the park that it would be out of the active area of stream flow. He also explained that the upper end of the wall would terminate at the main pathway through the park across from the Feast of Will Lawn area which has a higher elevation. It is anticipated that when engineering the wall and lawn elevations, Otak would do it in such a manner that the "gap" left by the path could be sandbagged so the higher elevation of both the Feast of Will lawn and the wall would keep flood waters in the channel. Scott English indicated that he believed that the whole picture needed to be considered prior to establishing a feature which would be considered part of a line of defense. He said that although he was not opposed to the concept of the wall, he felt strongly that to proceed without all the information which the hydraulic model could offer would be a mistake. He also said that lack of a wall would not prohibit enhancement of the riparian zone. Lawrence Olsen, a taxpayer, said that he was more concerned about what was going to happen below Winburn Way and down stream. He felt that we really need to see the whole picture and that it was not necessary to have the front lawn replanted by the 4th of July. Commissioner MacGraw commented that what she was hearing stated as the primary concern from the audience was that the Commission was willing to authorize construction of the wall before Otak was able to develop its hydraulic model. She said that although Mr. Magura had indicated that he was a "data junky" he believed that Otak's recommendation for the wall was sound and that the wall would not adversely affect whatever other actions are recommended after the data is collected. She said that it appears to have come down to whether or not the Commission accepted as fact that the Otak team, with its combined areas of expertise, felt confident in the recommendation without having developed the hydraulic model. Kate Jackson (586 E. Main), indicating that she believed it might be a reasonable middle ground, said that she would like to discuss Otak's alternative plan of action as described on Page 7 of their memorandum. Essentially, the alternative plan of action would be for the Commission to approve the wall in concept, to have the wall and complementary lawn elevations engineered, to re-establish the sand base lawn to that elevation but to hold off on construction of the wall until approximately the end of July 1997. In the memo, Otak indicated that two things could then be accomplished: first, the Commission could proceed with re-establishing the sand base front lawn in a timely manner and, secondly, Otak might have the opportunity to develop the hydraulic model outlined in the City's RFP prior to actual construction of the wall. Mr. Magura said that Otak had offered this alternative to hopefully give those persons who want to see the model before having a wall constructed the opportunity to do so. He reiterated, however, that the Otak team strongly supports its recommendation for the wall and, as indicated in the memo, stated that the team would like to see some measure of flood protection installed prior to next year's flood season. He said that if the hydraulic model Special Meeting - May 1, 1997 Page 5 Ashland Parks and Recreation Commission offered a different alternative to the flood wall which would be superior, the Otak team would present that alternative. However, he said that in the team's best judgement, if no additional data is available prior to the end of July, that the team recommends the wall be built. In response to a question by Chair Coppedge, Superintendent Gies indicated that from a construction point of view that it would be better to build the wall prior to installing the lawn; that it more difficult and would cost a little more to do the project in reverse. But it was do- able if the Commission chose to take this alternative action. IV. COMMISSIONERS DELIBERATION Concluding the public input portion of the agenda, Chair Coppedge asked Commissioners their thoughts. Commissioner Alsing indicated that he accepted Otak's recommendation as it stands and that his preference would be to proceed immediately with both the lawn and the wall. He did say that if the funding is provided for the overall study to be done soon that he would be willing to support the alternative plan so that some of the questions raised by the AWP and those in the audience have expressed this evening. Commissioner Bennett said that he could support the alternative plan also. Commissioner MacGraw spoke her appreciation of everyone who had attended the meeting and had spoken their interest and concern. She said that from her perspective as a "non- expert", that once Otak had the opportunity to complete the hydraulic model, she would still need their expertise to interpret it for her. She stated her willness to accept their recommendation today. However, she also indicated that she would be willing from the viewpoint of "public process" to accept Otak's alternative plan to move forward with the lawn but to delay construction of the wall to a later date. Commissioner Eggers said that she was not certain that an elevation for the front lawn should be established prior to all of the information being gathered as to how the water should flow during a flood. She said that regarding the Commission's public process, that prior to the April meeting when the Commission first addressed the concept of a wall, there was no advanced notice of what the agenda item would entail; not even Commissioners knew a wall was being contemplated until during the meeting. She also said that she believed that the notice for this evening's meeting was too short which meant that many interested people were not able to attend. She said that she would like to see the Commission do a better job with public process. Commissioner Coppedge said that she would like to speak for some of the people who did not attend the meeting this evening. She said that during her everyday activities in town she was constantly having conversations with residents who wanted action taken on the front lawn. She said that she would rely on Otak's expertise when considering the wall as part of a flood protection package indicating that from all she has heard from them tonight, they are confident that it will be a complimentary component to whatever flood protection measures are recommended City wide. Relating to her role as Commissioner, she said that from a "parks" point of view that she could envision the wall as a positive park amenity which would enhance the front lawn area and would provide a clear distinction between the heavily used lawn and the riparian area. She said that if the flood had not occurred but the wall had been presented as simply an enhancement to the park, she would support the concept. Basing her decision on Otak's statements that establishing the wall is prudent and would not detract from Special Meeting - May 1, 1997 Page 6 Ashland Parks and Recreation Commission other flood prevention options, she said she supported moving forward with the lawn and wall immediately. Chair Coppedge indicated that she would entertain a motion unless Commissioners had additional comments which they would like to make. MOTION Commissioner Alsing made a motion to re-confirm the action the Commission took last month and to authorize the sand base front lawn area to be replaced to an elevation relative to the proposed wall; and, that construction of the wall be delayed only to a point when it could be completed by the end of November 1997 if in fact funding is not available to complete the balance of the project as envisioned in the City's RFP. Commissioner Bennett seconded. Asking for clarification, Commissioner Coppedge asked if the motion was intended to approve the concept of the wall but that construction was being delayed temporarily. Commissioner Alsing said that his intent was to address some of the concerns expressed in the audience and by some members of the AWP by holding off on construction of the wall until Otak has the opportunity to develop its hydraulic model. But, if for some reason the model cannot be completed in time to construct the wall prior to the end of November 1997, that the wall would be constructed based on Otak's recommendation as it stands today as outlined in the memorandum. He reiterated that if it were solely his decision, he would construct the wall now; but taking into consideration that others felt differently, he could support the alternative plan offered by Otak. Commissioner Eggers said that she felt committed to making a longer term decision and to installing a temporary lawn until the larger project has been addressed. She said that she could only support the wall as a flood protection measure, not as a park amenity. The vote was: 3 yes - 2 no (Eggers, Coppedge) MOTION Commissioner MacGraw made a motion to authorize Otak to develop the necessary information which would allow the Department to put in the sand base lawn taking into consideration the proposed wall. Commissioner Alsing seconded. The vote was: 4 yes - 1 no (Eggers) Director Mickelsen confirmed that the Commission intended for staff to work with Otak on developing the appropriate elevations and to begin work on the lawn. Without objection from other Commissioners, Chair Coppedge indicated that staff could proceed to work with Otak and to begin work on the sand base lawn without additional approval by the Commission. V. ADJOURNMENT At 9:58 p.m., with no further business, Chair Coppedge adjourned the meeting. Respectfully submitted, Ann Benedict, Business Manager Ashland Parks and Recreation Department City of Ashland PARKS AND RECREATION COMMISSION REGULAR MEETING MINUTES May 19, 1997 ATTENDANCE: Present: Al Alsing, Bob Bennett, Teri Coppedge, JoAnne Eggers, Laurie MacGraw, Director Ken Mickelsen, Councilor Wheeldon 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 By consensus, an item concerning land acquisition was added under New Business. III. APPROVAL OF MINUTES A. Regular Meeting=April 21, 1997 Commissioners mentioned several typographical and spelling errors in the minutes as written. Commissioner Eggers indicated that in the second to the last paragraph on page 7 that she would like to add that she was feeling rushed to make a decision "before the relevant data was available and without the cost benefits of all the alternatives being discussed." Indicating that he would like it included in the minutes, Commissioner Alsing said that during the discussion of the design of the Skateboard Park on page 3 that he had made a suggestion that prior to finalizing the design that it be run past the architect in California who designs many such facilities to see if he had any recommendations which might pertain to liability issues. Director Mickelsen said that he would look into his records to ascertain the name of the architect. Commissioner Bennett made a motion to approve the minutes as amended. Commissioner MacGraw seconded. The vote was: 5 yes - 0 no B. Special Meeting - April 28, 1997 Commissioner Eggers indicated that the faxed draft of the memorandum from OTAK referred to in discussion was addressed to the Commission, not the Department. Commissioner Eggers made a motion to approve the minutes as amended. Commissioner MacGraw seconded. The vote was: 4 yes - 1 abstain (Coppedge) Regular Meeting - May 19, 1997 Page 2 Ashland Parks and Recreation Commission APPROVAL OF MINUTES - continued C. Special Meeting - May 1. 1997 Commissioners corrected several typographical and spelling errors. Referring to page 2, paragraph 4, Commissioner Eggers indicated that she believed that Mr. Kurtz had said that the temporary lawn he recommended be constructed to its "pre-flood" level not "existing" level. Commissioner MacGraw made a motion to approve the minutes as corrected. Commissioner Alsing seconded. The vote was: 5 yes - 0 no IV. REVIEW OF FINANCES A. Review of previous month's disbursements Commissioner Alsing made a motion to approve the previous month's disbursements as indicated by checks #15995 through #16355 in the amount of$340,218.01. Commissioner Bennett seconded. The vote was: 5 yes - 0 no V. PUBLIC PARTICIPATION A. Open Forum - Citizen involvement; vision planning Skip Andrews and Ellen Fabricant were present in the audience to volunteer their services to assist the Commission in the public involvement process related to flood restoration in Lithia Park. Ms. Fabricant said that they had attended the most recent City sponsored public meeting with OTAK representatives and that they had heard some discussion related to how the Commission would proceed with a public involvement process related to Lithia Park. Mr. Andrews said that they have received training in and have had experience in assisting non-profit entities develop "vision statements" for goals or projects they would like to pursue. Ms. Fabricant said that they would like to offer their services on a volunteer basis to assist the community in developing a "vision" for Lithia Park following the flood. They said that they believed that if the community had the opportunity to work through a vision planning process that the end result would be a win/win situation for everyone; the community would know that it had had an active role in determining the shape of how Lithia Park would be restored and the Commission would be able to make strategic decisions from the general concepts which had emerged from the "visioning" process with the community. In discussion, Commissioners responded positively to their offer. Two primary questions were raised during the discussion. Director Mickelsen expressed concern that if a wide-open discussion on a "vision" for Lithia Park were addressed that the historical aspects of the park might be lost. He stated that he felt it is important that whatever discussion is undertaken be framed within the historical context of the park. Mr. Andrews indicated that within the "visioning process" a very general focus question would be posed to those participating, and, that that focus question could be framed in Regular Meeting - May 19, 1997 Page 3 Ashland Parks and Recreation Commission Discussion of"visioning" process - continued such a manner that it would take into consideration the historic nature of the park. As an example he said that the question could be posed to state "In light of the historic nature of Lithia Park,'what should be done in response to the flood?" In support of comments made by Ms. Fabricant regarding developing a focus question and establishing a framework for discussion, Cate Hartzell said that she would support opening the public involvement process with informative meetings so that the public could be educated before it tried to put it own ideas out there for consideration. Because Ms. Fabricant and Mr. Andrews indicated that they would be interested in assisting with a "visioning process" which would also include the Windurn Way crossing, the second question raised was how this visioning process would tie in with the public input process which the City was conducting using the OTAK team. Councillor Wheeldon said that as she was generally supportive of the concept and, if the Commission would like, she would take the offer to the Council meeting on the following night to determine whether or not the Council would be interested in using this "visioning process" as a supplement to the work which OTAK was doing for the City. It was also stated that if the Council supported the concept, that the next step would be for Ms. Fabricant and Mr. Andrews to contact the OTAK team to describe what they would be offering. Director Mickelsen said that, if the Council approved the concept, he would be willing make a call to OTAK to advise them that they would be contacted by either Ms. Fabricant or Mr. Andrews. Commissioner Coppedge inquired as to what cost would be incurred by the Commission if it accepted the offer. Mr. Andrews said that they would be volunteering their services for the "visioning" portion of the process; only direct costs such as advertising the meetings or producing flyers would need to be paid for by the Commission. He said that if the Commission wanted them to participate in the strategic planning portion of the process, they would have to charge for that. Memorandum from Commissioner MacGraw After a lengthy, free-flowing discussion of how to reach the public to let them know about meetings and assure that they are included in the decision making process, Chair Coppedge suggested that the memorandum from Commissioner MacGraw pertaining to a format for the public involvement/decision making process for flood restoration in the park be addressed at this time. Essentially the memorandum indicated that Commissioner MacGraw believed it would be in the best interest of the Commission and community to adopt a framework for the decision making process which would be used to determine the work which would be done in upper Lithia Park pertaining to the stream and trail system. Commissioner MacGraw said that she could see four stages to a process: the first would be one or more general meetings to gather public input and discuss the possibilities of what could be done (this could include the "visioning" process); secondly, the Regular Meeting - May 19, 1997 Page 4 Ashland Parks and Recreation Commission Discussion of public involvement process - continued Commission would recommend a suggested "plan" which would be addressed by the consulting team; thirdly, the consulting team would bring their information, report, recommendations back to the Commission with sufficient lead time before the actual presentation of the report at a meeting so that Commissioners and the public would have time to review it, ask questions, and possibly modify the plan; and, lastly, the Commission would adopt the plan. She said that she did not see rushing through things but just establishing some guidelines so everyone would know how the decisions would ultimately be reached. In general discussion of the process, several items were addressed such as: developing a list of persons who had attended either City or Parks meetings to date expressing an interest in the flood restoration process, adding to the list as the process moves forward and directly notify those persons of upcoming meetings throughout whatever process the Commission adopts; setting meeting dates and a timeline with reasonable lead time to inform the public to upcoming meetings and topics up for discussion, proceeding from general topics to specific topics, and, once the more specific, technical level of discussion is reached, and to have the consultants working on the project dialogue directly with Commissioners and the public for question and answer periods and to gain additional input. Utilization of OTAK consultine team. In the midst of this discussion, Cate Hartzell mentioned that she had felt from previous comments which some Commissioners had made that they intended to continue to use the OTAK team as consultants for this work which would be done in the park. She questioned whether or not that team which had an emphasis on engineering due to the Winburn Way crossing would be the best team of experts for the park which was a different situation. Commissioner Alsing said that he believed that it would be most appropriate for the Commission to use the OTAK team because the team includes all the technical disciplines which would be needed for the park plus the team will have developed all the data, worked the balance of the project from the Bandshell downstream, and that it would be easier to coordinate both the City's efforts and the Park's efforts related to the flood. Commissioner MacGraw concurred. Commissioner Eggers indicated that at this time she would like to keep an open mind regarding who would do the consulting work for the upper park; she said she wanted the best people. Director Mickelsen said that representatives from Parks were on the panel which selected the OTAK team so that Parks would have some assurance that the expertise needed for the park would be included on the team. Part of the City's RFP indicated that whatever consulting team was selected would have the option to contract separately with the Commission for services within the park. Ms. Hartzell indicated that she believed that the structure of the OTAK team which was designed to deal with large, infrastructure problems, might be "overkill" for the Park's needs. Director Mickelsen said that he had had some discussion with the OTAK team which would address Regular Meeting - May 19, 1997 Page 5 Ashland Parks and Recreation Commission Discussion of continued use of OTAK team - continued Ms. Hartzell's concern and that it had been informally decided that Fishman Environmental Services would act as the lead firm and Paul Fishman would coordinate the Park's portion of the project. In response to a comment by Ms. Hartzell who said that perhaps there were local people with expertise who had been following the process and attending the meetings who would like to have the opportunity to use their expertise also, Commissioner Eggers indicated that she understood the desire for continuity and would not be opposed to having Paul Fishman lead up the project but that she believed using other local people as mentioned by Ms. Hartzell would also provide that continuity. Director Mickelsen said that he believed it was important to decide soon whether or not the Commission would be using the OTAK team because he felt that the consulting team should be in board prior to the Commission beginning its public involvement process. He also mentioned that if the Commission choose to select a different consulting team that it would need to do so through an RFP and that the RFP process could take two to three months. Returning to the offer to lead a "visioning" process, Commissioners gave some guidelines as to how Mr. Andrews and Ms. Fabricant could proceed. Consensus was that the first step would be for Councillor Wheeldon to take a sample focus question to the Council to determine whether or not they would like to be involved. The question would be "After the flood, how can the historic character of Lithia Park be continued?" If the Council chooses to participate in the process, then OTAK would be contacted to determine how the "visioning" process could best fit into what OTAK already has underway. At the conclusion of the discussion, regarding setting a timeline for the public involvement process, Director Mickelsen mentioned that FEMA had lumped the footbridges in the upper park into one large project rather than several smaller projects. What this means is that in order to receive FEMA funding for the footbridges that the those bridges must be completed with 18 months from the date that the disaster was officially declared, i.e. January 1997. Although the Commission is not required to use the FEMA monies, the amount of reimbursement for those bridges could be up to $46,000. Consensus among Commissioners was that they would make a decision regarding the continued use of the existing City consulting team at the next Regular Meeting. They also asked that the Director arrange for the team's credentials to be made available to Commissioners to review prior to the meeting. Also, a notice related to the upcoming agenda items would be sent to those persons who had attended previous City or Parks meetings expressing interest in the process and to invite them to express their ideas on the item either in writing, by calling Commissioners, or attending the next meeting. Consensus among Commissioners was that at the June Regular Meeting they would also have an agenda item to adopt a format for the public involvement/decision making process which would include a timeline for meetings. Regular Meeting - May 19, 1997 Page 6 Ashland Parks and Recreation Commission VI. OLD BUSINESS None VII. NEW BUSINESS A. Format for decisions on stream channel and trail restoration in Lithia Park As the memorandum from Commissioner MacGraw had been previously discussed, Chair Coppedge moved forward on the agenda. B. Land Acquisition MOTION Commissioner Bennett made a motion to offer to pay for one-half of an appraisal cost for the Kline property off Scenic and Greenbriar as discussed in Executive Session. Commissioner Eggers seconded. The vote was: 5 yes - 0 no VIII. COMMUNICATIONS and STAFF REPORTS Historic Commission Awards Director Mickelsen reported that the Commission had received an award from the Historic Commission for including historic factors into the design and construction of the annex to the Office Building and "for being a government agency which lead by example." He indicated that at the same time, for his individual efforts as a citizen, Commissioner Alsing had received an award for his efforts related to preserving a collection of glass negatives of Ashland in the late 1800's and early 1900's. A display of the photo's will be on display at the Ashland Public Library. Financial Statement for the Darex Ice Rink Commissioner Eggers said she wondered if the Commission could do a general evaluation of the project and program with public notice so that people could attend to offer their comments. Director Mickelsen said that staff usually evaluates the programs, takes input from the public on a daily basis while they are underway, and then modifies them as appropriate. However, he said if the Commission wanted to set such a meeting or agenda item it could do so. Commissioner Eggers said that she felt it would be appropriate for every project and program. Commissioner MacGraw disagreed indicating that she believed that that was a staff responsibility. Consensus among other Commissioners was that evaluating programs was a staff responsibility and encouraged Commissioner Eggers address questions she might have to staff directly. Commissioner Eggers said that one of the items she would like to have addressed prior to the next season was whether or not chemicals from the ice surface were being allowed to go into the creek. She said that staff had indicated that the "ice shavings" from grooming the surface was only water but that she had received another report that indicated that the shavings included chemicals which should not be allowed to flow into the creek. Commissioner Alsing again referred her to staff have her question addressed. Commissioner Eggers said that she believed the environmental impact of a program should be a Commission concern. Regular Meeting - May 19, 1997 Page 7 Ashland Parks and Recreation Commission Ice Rink Financial Statement-continued Director Mickelsen reviewed the revenues and expenses related to the operation of the rink as well as projects which were being considered for the upcoming year and the anticipated costs involved. He also mentioned that he was in the process of negotiating a 5-year lease for use of the patio area of the cafe. If unable to come to an agreement with Mr. Cooper, staff would proceed with constructing the building which was originally proposed to serve as a rental building. Also reviewed were monthly statistics which indicated over 23,000 admissions for the 96-97 season. He said that staff was looking at opening the facility earlier in November next year and briefly discussed some minor adjustments which staff might make for next year's program. He did say that one issue that staff may be bringing to the Commission because it related to policy would be whether or not the facility could be used for private rentals. Originally, the Commission had not set aside a time for rentals but staff had received many such requests during the season. Referring to Commissioner Eggers' concern related to chemicals in the ice shavings, Superintendent Gies said that during normal operations no chemicals were in the ice which is shaved off from grooming. He said that near the end of the season, when staff was having difficulty keeping the ice hard, that a very small amount of the paint may have gotten into the meltin ice from the edges of the rink. He did not foresee that as a continuing problem. Director Mickelsen invited Commissioner Eggers to discuss the matter with staff further if she had concerns about the maintenance operations of the rink. Review of status of 1997-98 budget process Director Mickelsen briefly reviewed the current status of the City's budget process for 1997-98 in relationship to the flood bond measure and Measure 50. He indicated that if Measure 50 passes, the City may choose to restructure how property taxes will be levied for the upcoming year and that that would significantly affect the Commission's budgets. He said that a Budget Committee meeting has been set for May 22nd which would be important for Commissioners to attend. X. UPCOMING MEETING DATE(S) and PROPOSED AGENDA ITEMS The next Regular Meeting was set for Monday, June 30, 1997. Included on the agenda would be items related to the following items: establishing a framework for public involvement and decision making related to flood restoration in the upper park; deciding whether or not the OTAK team would continue as consultants for whatever work would be planned for the upper park. XI. ADJOURNMENT With no further business, Chair Coppedge adjourned the meeting. Respectfully submitted{, Ann Benedict, Business Manager Ashland Parks and Recreation Department ASHLAND CONSERVATION COMMISSION _ MINUTES MAY 28,1997 APPROVAL OF MINUTES Members in attendance were Buck, Otte, McCory, Chapman,Moats,Tuck and Hagen. Staff present were Wanderscheid, Amrhein and Pearce. Buck accepted the position of vice chair and requested clarification as to the duties of that position. Minutes were approved as presented. PUBLIC FORUM Tanya Graham and Use Saleh (73 Church Street,Ashland)were present to find out what is happening with composting on a small scale community basis.Hagen gave a history of community composting in Ashland. ASHLAND SANITARY UPDATE 1)April Brush Collection-Two 25 yard drop boxes were collected.The material was composted. 2) On Route Chipper Service-60 customers were served. 3) Hazardous Waste Collection Event-There were only 69 cars from Ashland which is only 12%of the total 578 cars which meant the DEO event in February was a big help to everyone. At the event Jackson County sponsored a Earth Machine home compost sale.They sold about 1,000 compost bins.The following week a similar event in Grants Pass sold an additional 600+. 4) Discount Day at the Transfer Station-An extra 100 cars were served on Saturday.An extra 44 tons of material was hauled which is much less than the extra 200 tons which were hauled last year during the Spring Clean-up. Discussion included whether or not we might see an increase in off site dumping in the future. 5)Transfer Station is Closing one day a week in June-As of June tat the transfer station will be closed on Tuesdays but open on Mondays. 6) Recycle Products Fair-This year's event will be Saturday, October 41h, 10am-3pm.The first reminder mailing has gone out. The Schneider Museum will be having a six week exhibit on Art from Trash possibly in July. Dates to follow. 7)Aseptic packaging Update-The next meeting is 8:30am on June 4th at the Ashland Community food Store with Russ Otte, Ken Hagen,Annie Hoy,Russ Chapman and Amy Amrhein. Making aseptic packaging work at the recycling center will be a major challenge.At this time no one else in the state is doing aseptic packaging collection on a community wide basis. OLD BUSINESS A Subcommittee Reports-1)NRG/H20-There was no meeting this month.Hagen shared his graphed utility bill which shows - reduction in utility use since the weatherization of his apartment.Wanderscheid will submit his Issue paper next month. 2)Education/Schools/Precycling-A copy of the report summarizing the review of the schools will be completed and to the schools before school is out. Otte suggested a format to make the presentation the most effective.The plan is to send out a letter with the concept of the'Dream School Vision'by this Fall.This letter will encourage the development of an action plan. We hope for a goal that at least one high school student will be made available to each school's action team.3)Solid waste- Chapman reported on the Soil Conservation Service's presentation on organic gardening and composting.4)Tree Free-There was no meeting this month. B.AOR Conference Update-Amarotico submitted a written report.Amrhein reported discussion included mixed recycling vs. separate recycling,interesting and informative Ideas on starting and making programs work.hagen asked about local number to show shift in reduction.Amrhein stated population has increased, but the landfill numbers are the same; recycling has gone up. Discussion continued with ways to quantity success and reporting it to the public.Amrhein stated reporting is done In December.She will report to the Commission in January.More AOR Conference details will be discussed subcommittee and will be reported at the next meeting. C.Jefferson Monthly Article by John McCory-Commission approved the article. Hagen is next and will submit to staff by the 18th of June. Staff reminded commissioners articles need to be minimum 600 words and need to have a regional focus. D. Summer 1997 Class Schedule-The calendar will appear in the utility newsletter in narrative form listing what the classes are and where they will be held. Discussion included format,additional information such as commission meetings. Staff requested - commission input on format option that they develop.Amrhein stated she would post the compost class dates at the recycle center. E.July 4th Parade Update-The theme this year is It's Showtimel The subcommittee has met and the decision was made to purchase clear stickers with the Sustainable Logo on one side and the summer class schedule on the paper side. F. Styrofoam Ordinance Update- Hagen reported he is still working on all the aspects of the existing ordinance as well as adding additional sections which will cover such aspects as delivery and wholesale. Hagen will attempt to have a draft ready by the next meeting. Solid Waste subcommittee will discuss it prior to being submitted to the full commission. G.City Council Meeting Presentation-Everyone should meet in the foyer at 6:45pm.Wear your Sustainable Ashland T-shirt Be prepared to speak about one minute.Chapman-solid waste with emphasis on composting, Buck-Intro/Promotions,Tuck- Schools,Amarotico-Precycling, Moats-RCM/College,McCory-Treefree,Hagen-wrapup. H.Tent Update-The tent is 20 x 40 and cost approximately$4,000.Amrhein will continue to research this proposal. NEW BUSINESS A.Colin Boyd presented the idea of the Adopt A Street Program.This program has two issues: getting and keeping litter off the streets and creating an attitude among the community that puts a break on the generation of litter; creating a sense of pride within the communities within the community-a sense of responsibility and the importance of local and regional ecology.The proposal is to organize neighborhood groups which would be responsible for litter collection.There are a number of groups within Ashland that are currently interested in organize such a program. Discussion Included prevention and education rather than reaction,Information in the utility newsletter,coordinating efforts with the Adopt-A-Hiway program through the county and/or SOLV,grant monies available. Boyd was directed to organize a meeting with Hagen,Wanderscheid and Karen Smith, a representative from Jackson County,a representative from Ashland Sanitary and Recycling and any other commissioners Interested in being Involved with the goal in mind of doing the right thing here but also spreading the word county wide. B. New Construction and Demolition Debris Recycling-There Is a proposal from local contractors to create a dry wall and wood recycling program.Chapman reported ASR wrote them a letter Informing them If they were willing to pay for the program ASR would gladly put it together.Currently the dropbox haul fee is approximately$138.A box is currently set up at the transfer station but the contractors want it in town.ASR will continue to research a program and cost for recycling dry wall and will report next month. COMMISSION ITEMS Amrhein reported a request for use of the Recycle Center.Commission suggested a review of the classroom use policy. Tuck has a request from a graduate student who wants to develop a program to set up gardens at the schools.Otte referred her to the leadership team of the school district before coming to the Commission. ADJOURNMENT Meeting adjourned at 9:40pm. ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES JUNE 10, 1997 CALL TO ORDER The meeting was called to order by Vice Chair Steve Armitage at 7:05 p.m. Other Commissioners present were Briggs, Hearn, Howe, Giordano, Morris, and Gardiner. Absent members were Jarvis and Bass. Staff present were McLaughlin, Molnar, Knox, Harris and Yates. APPROVAL OF MINUTES AND FINDINGS The Minutes of the May 13, 1997 regular meeting were approved as corrected. The correction: Armitage was present and Howe arrived later. There were no Findings. PUBLIC FORUM No one came forth to speak. TYPE II PUBLIC HEARING PLANNING ACTION 97-038 REQUEST FOR OUTLINE PLAN AND SITE REVIEW APPROVAL FOR A 96-LOT TOWNHOUSE (DUPLEX BUILDINGS) DEVELOPMENT UNDER THE PERFORMANCE STANDARDS OPTION 2330 E. MAIN STREET APPLICANT: RUSSELL DALE Site Visits or Ex Parte Contacts —Gardiner had a site visit and talked with a couple of people about wetlands. —Briggs had a site visit. When a similar proposal was set forth by ACCESS on this parcel she spoke against ft. She will not be biased toward this project. -All other Commissioners had a site visit. STAFF REPORT This property was annexed into the City just over a year ago. At that time, while there was a concept for a proposal, there was no formal request for approval. The proposed 96 units will be individually owned (structure and land below the property). There are large common areas that will be maintained through a homeowner's association. Units range in size from 1150 square feet to 1400 square feet. One entrance/exit is proposed'on the southeast corner of the property. There will also be an entrance and exit from the northwest portion of the project. Stratford Avenue will be extended to the west property line and then terminate. The plan will be to eventually extend Stratford to the west. Other improvements shown on the site plan include half street improvements along the remainder of Tolman Creek Road and East Main to the end of the property corner. The streets have been laid out in a modified grid system. There will be no parking on the main street through the development. On-street parking is provided in the circular loops and secondary access road: The applicant has indicated all 96 units will comply with the affordable housing resolution. The applicant intends to phase the project. He will begin by constructing 20 units as soon as the public infrastructure is in place. The buildings will be traditional with gabled roofs, horizontal wood siding, covered porches, garages recessed from the front of the building. A preliminary wetlands assessment has been completed for the property. The applicant proposes to create a pond on the southeast corner of the property (landscape feature). The other wet area is at the northwest corner of the property. Any improvements to either of those areas would need authorization for the Division of State Lands. A traffic study was submitted as part of the proposal. Staff is concerned about the site distance at the corner of Tolman Creek Road which is 400 feet. The preferred site distance is 600 feet. The initial design did not have a second entrance to the project. The second entrance (East Main) was incorporated into the project in order to direct traffic that was generated in this project to downtown. At that point, the site distance is closer to 600 feet. The traffic impact study concluded that within the next ten to 20 years none of the intersections would operate at an unacceptable level. A memo was distributed discussing the long-term need for the intersection at Tolman Creek and East Main. There might be a need to do a realignment of the intersection and changes to maintain an acceptable level of service. Staff would like to have the applicant provide information at Final Plan to see if there would be a need to request right-of-way dedication along the frontage of this property. While this project does not appear to impact the intersection, any realignment of it might necessitate a need for additional right-of-way. The exact radius of dedicated land.would be difficult to determine at this level. Related to the potential realignment is the fate of the sidewalk improvements that would be done as part of this project along that stretch of Tolman Creek Road. There has been discussion that at Final Plan the applicant could show a sidewalk on the top of the bank which would allow it to come into the project more and connect the sidewalk along East Main. Molnar stated with the exception of the above two items, the project complies with the attached 13 conditions and the memo dated June 10, 1997. Molnar suggested a fourteenth condition: 'That the future realignment of the Tolman Creek Road and East Main intersection be evaluated by the Ashland and Jackson County Public Works Departments. At the time of final plan, project design to be amended as necessary, including the dedication of additional right-of-way to account for future realignment of the intersection." Molnar discussed the future extension of the street on the parcel to.the west. Howe asked about the interior of the project; are there sidewalks? Molnar said there are sidewalks. The site plan provided in the packet does not show the ten foot travel lane, planting strips and sidewalks. Howe wondered if it would be appropriate to have pedestrian access to the wetlands. Molnar affirmed public access can be made if it does not disturb the wetland. Howe asked if there would be a potential problem around the proposed pond with the possible realignment of Tolman Creek Road. Molnar did not think there would be an impact. Howe suggested adding a one foot easement for a street plug where the street ends. Molnar agreed. ASHLAND PLANNING COMMISSION 2 REGULAR MEETING MINUTES JUNE 10, 1997 ' ' Briggs wondered how much Staff had considered the Variance the applicant is asking for a solar waiver for units 1-18. Molnar said he has had some preliminary discussions with the applicant as to the design of those units and will apply a specific solar standard as used in similar small lot developments. Rather than looking at a six foot high shadow at a north property line, the shadow on the south facing wall is limited as well as the types of habitable area on the south side and the total amount of window glazing. Giordano said it would logical that the even units would be one story and the odd units two story to mitigate the impacts. Brigss noted the amount of asphalt for the guest parking is greater by doing curved parking than adding a few feet to the streets and allow parking along the street. Has a comparison been made? Molnar said no calculations have been made. The curved access street is a design feature that the applicant wanted to include for the purpose of trying to include view corridors into the central open space. They are trying to develop a focal point. There is one guest parking space for every 3.5 units. Briggs asked if the Systems Development Charges have been waived and has Staff calculated the cost of deferring the SDC's. McLaughlin said the costs are calculated at the time of building permit issuance. Should the owner sell in the future for a price greater than the City allows under ordinance or to someone who does not quality for affordable housing, the SDC's become due. The only time the SDC's are waived is if someone lives in the house for 20 years or sells to someone who qualifies and the ownership keeps rolling over for 20 years. If the house does not stay in the affordable pool, the City gets SDC's plus interest in return. This is a.way to lower the upfront costs to the buyer so they can get into housing. Gardiner wondered.if Tolman Creek Road would be increased in width. Molnar said there would be a slight increase. Gardiner suggested a roundabout at the three-way intersection. PUBLIC HEARING RUSS DALE, 585 Allison, talked about the evolution of the project. This is no longer a rental project but has been upscaled dramatically. The design features included are being sensitive to the topography and habitat and wetlands. The open space throughout the center of the project is an area in which people can communicate and interact. The emphasis is on traditional architecture with de-emphasis of the auto because of decreased paving. The wagon-wheel concept parking creates a situation where vehicles can back up without having to back onto a street and hide the headlights of the vehicles. Dale introduced his team: Warren Hamrick, Architect; Guy Farthing; Dale's partner, Jeff Pauley; Peak Environmental; Jack Ware, Rural Development who helped him identify those individuals who would be buyers; John Hardey, Hardey Engineerings, not present; Jon Deason, ACCESS, Scott Pringle, Civil Engineer. The wetlands are a very special area. It is important to enhance as they can be an amenity. It can be enlarged and made more aesthetic. At the same time, it can become an attractive nuisance so it should be viewed and experienced but without being in it. There could be a foot path through it. Dale explained the phasing of the project. The goal is to get the infrastructure in as soon as possible in order disturb the site as little as possible. He would like to do the paving last. He would like to get started on two units at one of the strategic entrances. The optimum place to start would be to enhance the wetlands to create an attractive entrance to the project. ASHLAND PLANNING COMMISSION 3 REGULAR MEETING MINUTES JUNE 10,1997 The site sets further from the shadow of our mountainous backdrop and there is more sunlight with a longer envelope of daylight. And, part of the reason for not going to a full grid pattern is that it does not work very well at all and detracts from the solar accessibility and takes away the open space in the center. WARREN HAMRICK, Architect 641 Higuera St. #200, San Luis Obispos, CA 93402, said the project is broken into two dwelling types for each building so there is light on three sides of the building with one common wall. The buildings are broken up with view corridors out the front and back. The is common open space for semi-private and public use with a play structure in the open space: JON DEASON, ACCESS, 4442 Griffin Creek, Medford, gave a description of their role in this project. The focus will be on affordable housing and would help with some of the support services such as the screening of applicants. Gardiner asked Dale to address the possible street changes. Dale said the problem with the additional street stub (through units 9 and 10) is an alternative. It was first suggested going through the wetlands. The alternative of a street stub at unit 9 would be a bikeway or pedestrian access especially if it is a little wet there. Unit 9 could be made for senior housing. He is trying to minimize the impact of the auto. Gardiner thought the entrance off E. Main goes through the wetlands. Dale said it does. His first choice would be desire to twist slightly to the north. Morris wondered how long it would take for the entire project to be built out. Dale thought about three years depending on the market. The entrance onto Tolman creek would be completed first. Howe suggested a pedestrian access to the wetland observation deck. Dale thought that would be possible and desirable. Howe noted from the front elevation that a tree seemed to be planted in front of every two-car garage. Hamrick said the aim was to divide the driveways and plant smaller trees to give each unit some privacy. Dale said after meeting with the Tree Commission there was talk about eliminating the parkway and increasing the size of the front yard. Hamrick said the duplex units would be different colors with different trims. Briggs was hopeful the willow tree could be saved. Dale said he could adjust the units to save the tree. Briggs wondered why he did not decide to make the development for a smaller number (she estimates about 350 residents) and only 25 percent affordable. Dale said the site is fairly large and the population fairly dense. He wants to increase densities within the Urban Growth Boundary and not sprawl. He is trying to create affordable housing which means dealing with higher land costs. They are trying to create affordable housing and quality housing. Briggs referred to Criteria 3(D) -- future development of adjacent land. The people who live on the adjacent land will have to drive through a project and she wondered if they would dislike going through a heavily populated area. McLaughlin noted the adjacent land is zoned the same which means it would come in at a similar development level as what is proposed tonight. ASHLAND PLANNING COMMISSION 4 REGULAR MEETING MINUTES JUNE 10,1997 Briggs wondered if the children would have to walk along East Main Street to get to Walker School. Howe said they could walk along the railroad track bike path. Dale mentioned he talked with RVfD and has their support for a bus stop at the East Main entrance heading into town. McLaughlin said there is transit service there now coming from Tolman Creek Road, turning right and heading to Ashland Hills. Howe and Giordano asked Dale if he had contacted the school about school bus access. Dale had not, however, he has seen school buses out there. JACK WARE. 869 Garden Way, Medford 97504, stated he is on the Ashland Affordable Housing Committee. He works for Rural Development, Dept. of Agriculture. Federal funding is drying up and there is not the money for deep subsidies to reach the very low income people. This is a way to provide housing opportunities for low and moderate income families in Ashland. JAY DELAPP, 2225 Polar Circle, Medford 97504, is the local director of what used to be the Farmer's Home Administration. In the five years he has been in the area, he has seen Talent providing housing that is affordable for Ashland residents who cannot afford it. The only way to effectively meet the need is partnering with other groups. The HUD limit for Jackson County used to be around $98,000, now it is up to $111,000 along with a waiver of another$10,000 making $120,000 under the direct loan program which offers a heavy subsidy. There is another program with funds available to help make this project affordable. It is 100 percent financing for those who reach the income cap. Howe questioned if there is any mechanism that would keep the housing in the low-income market beyond the typical turnover time? DeLapp responded there are deferred Systems Development Charges which give an incentive to the home owner to sell to another low income family. JEFF PAULEY, Peak Environmental, P. O. Box 5405, Central Point, OR 97502 has worked on the Tolman Creek entrance and explained the ponds are a series of three small ponds. The Department of State Lands (DSL) was contacted regarding the fill removal process of the ponds and currently the information from the State Lands is they are not going to take jurisdiction on those ponds and they are exempt from development standards from the State Lands because the ponds were man made and feeding ponds and fill through an irrigation drainage process. If the water filling the ponds comes from the soccer fields and mobile home park, Hearn asked if Pauley thinks the storm drainage will change with the ponds staying full because of future development. Pauley said more water will come across because of the layout of the property. Hearn wondered If the pond would be visible from Tolman Creek Road. Pauley said it will appear more parklike with a better aesthetic view from the street. Dale said a biologist suggested the blackberries be removed around the pond area to make it more accessible to wildlife and he suggested planting trees between the ponds and Tolman Creek that would cast a shadow over the water to lower the temperature of the water. RON ROTH, 6950 Old Highway 99 South, said the value of Ashland housing has grown and the wages have not gone up as quickly. He likes this project because it is within the affordable range. Home ownership will be the key to long-term family financial security leading to community stability. A lot of people in Ashland that make $8.50 to $10.00 - two people pooling their income could afford a home here. CATE HARTZELL, 881 East Main Street, asked if there was enough guest parking. If it is not provided, people will find it and everyone may not like it. Could pervious parking be provided? She is not clear whether wetland mitigation related more to the street or whether it had to do with the three houses on the end that might encroach into an area that would be later delineated as wetlands. Does this need to ASHLAND PLANNING COMMISSION 5 REGULAR MEETING MINUTES JUNE 10,1997 be adjusted to encourage as much protection of that area as possible? Is there a provision for public transportation/carpool shelters? Is bike path/pedestrian path separated? Rebuttal Dale said a shelter could be easily accommodated. The center walkway needs to be a surface that encourages slower pedestrian traffic with the bikes and skateboards in the outer area. Giordano thought the number of guest parking spaces is very low and is uncomfortable with it. McLaughlin explained the parking demands in the ordinance match up well with the national standards. Dale feels there is adequate parking. Hamrick said in his experience that what is shown will be adequate parking. Gardiner and Armitage suggested a Condition 15 which would incorporate a bus shelter as part of the project to be coordinated with RVTD. Dale envisions a walkway that goes around the pond on Tolman Creek Road and between the units and the pond, however he does not want to encourage people to get too close to the units and too close to the water. He agreed to an observation area subject to the biologist's approval. McLaughlin thought the willow tree would be sensitive to development and changes in hydrology. He would be surprised to see it survive. Dale said wherever an envelope is large enough to accommodate a larger diameter tree, he will put in a large tree. COMMISSIONERS DISCUSSION AND MOTION The Commissioners felt the proposal meets the criteria for approval. Howe proposed a condition that there be pedestrian access if permissible to both wetlands. She suggested adding Condition 5 to . provide for a street plug for both of the proposed streets. Briggs liked the idea of the path and a bump- out for a bench. Armitage does not want to overly humanize the wetlands. Add a condition that there be a short spur from Tolman Creek Road so people can enjoy the pond. Armitage feels that having 96 units (density) affordable units in one place may keep them affordable. Howe moved to approve Planning Action 97-038 with a street plug on Condition 5, Condition 14 providing for future realignment of Tolman Creek Road and East Main Street, Condition 15 providing for a bus shelter to be determined after consultation with the school district and RVTD, Condition 16 providing an observation area for the pond. Condition 9, that the street extension to be based on final wetland delineation and approval by the Oregon Division of State Lands, a public pedestrian and bicycle accessway may be approved by the Staff Advisor in lieu of the street extension in order to mitigate impacts to the wetlands. Giordano seconded the motion and it carried unanimously. Howe moved to continue the meeting until 10:30 p.m. It was seconded and approved. ASHLAND PLANNING COMMISSION 6 REGULAR MEETING MINUTES JUNE 1%1997 TYPE III PUBLIC HEARINGS PLANNING ACTION 97-044 REQUEST FOR MODIFICATION OF THE ASHLAND LAND USE ORDINANCE, SECTION 18.62 - PHYSICAL AND ENVIRONMENTAL CONSTRAINTS, REGARDING THE ADOPTION OF NEW STANDARDS FOR HILLSIDE DEVELOPMENT McLaughlin reviewed the latest version of the Hillside Development Standards. The main goal of the plan was to define our hillside lands in the ordinance. At this time, anything under 40 percent is not regulated. The proposed standard would be anything above 35 percent would be unbuildable. The issues were identified that would be the basis of the regulation. The ordinance is broken into sections. Plans will need to be prepared by a geo-technical expert. One of the main issues that was discussed is tree preservation. Building location and design standards have also been incorporated. After the meeting last week, Molnar will make a few housekeeping changes that will be incorporated into the ordinance. Considerable discussion ensued with regard to wording on the last page under"D.........owner of the property from which erosion occurs...together with any person or parties who cause such erosion shall be responsible...". McLaughlin said the owner of the property is responsible if there is erosion when they take over from the developer. The owner has the option of going to the developer if they feel there is a . problem. The City approves a development in accord with the design professionals. Some of the Commissioners wondered why it was in the ordinance. McLaughlin said in order to make it very clear to everyone. Hearn moved to continue the meeting until 11:00 p.m. It was seconded and approved. Hearn wondered what would happen with if someone decided to do a small addition to their home. Will they have to hire professionals? McLaughlin said if the plan involves the need for erosion control or engineered foundations it will involve a professional. Those in attendance at the meetings wanted a very clear line and 20 percent is that line. Howe asked about Page 24, paragraph a (2), replacing of trees in the wildfire prevention. She feels this paragraph is contradictory. Armitage reads it as full canopy closure which is not really wanted. McLaughlin said this has been a very difficult section (replacement trees). Armitage asked McLaughlin to re-work this section along with native vegetation and native species and some consideration for what is ecologically there now. Molnar suggested something either native or something of similar resource value. HARTZELL mentioned page 29, Fire Prevention and Control Plan, perhaps it should reference back to page 24. Giordano likes the flexibility of the administrative variance. Morris wondered how heights and colors were established. McLaughlin said the height standards were established in the building code under current definition of height. The proposed ordinance is trying to be conveyed what you see what is defined as height. The 20 foot high maximum is for an aesthetic standard. RICK VEZIE, 446 Walker, said he had some problems with a few aspects of the ordinance. Page 27, e, "Roof slope shall be oriented in the same direction as the slope of the land whenever possible". This ASHLAND PLANNING COMMISSION 7 REGULAR MEETING MINUTES JUNE 10,1997 ' means the slope of the roof will ALWAYS have to be sloped in the direction of the land. He would prefer it to read "Roof slopes sloping in the direction of the slope are encouraged" so there is more flexibility to deal with certain aspects of design. This should not necessarily apply to additions and renovations. Paragraph f, he is not sure it should apply to additions and renovations (color selection). McLaughlin thought the changes would be acceptable to incorporate. Armitage said if anyone had these types of comments to give them to McLaughlin. JOHN FIELDS, 845 Oak Street, said he has some trouble with the wording on aestfietic standards. On page 26 and 27, "Large gable ends on downhill elevations shall be avoided...". At what point is it large? If it is a southern exposure, what about solar gain? There are complicated design issues. Any kind of subdivision will not allow enough flexibility. It will be hard to regulate. The standards need to be quantified or it just needs to be a guideline. McLaughlin said this is trying to put into ordinance form a guideline. This works as long as everyone is reasonable. CATE HARTZELL, said she hopes they can find a middle ground. They began this wanting a guideline. With regard to a remodel, a person may not want to increase the footprint but may want to increase the height. Then what? DOUG NEUMAN, 4240 Clayton, showed a picture of the house he built on Waterline. You do not really see it from below and it is about 34 feet high. He liked 35 height. On page 2, under Development 2., "the removal of three or more trees...", what takes precedence, the fire hazard or five percent of the dead trees? On page 7, F & G 4, "Require special evaluation by a recognized professional." Neuman believes there should be some kind of time frame. McLaughlin said it would have to be within the 120 limit (land use decision process). JENIFER CARR, 388 Grandview, said she.wants something that deals with abandonment of property once the site has been altered. The language that should be applicable is: "A project cannot be abandoned without proper design and construction of the permanent fill, storm drainage systems, and erosion control'. There should be a stipulation for regular and frequent maintenance of the emergency storm drains systems that would necessary to ensure that they continue to function (annual inspection). McLaughlin read from the guidelines that "land disturbance shall occur only May 1st to October 31st'. Howe moved to forward this document to the Council with some minor changes by Staff. Hearn seconded the motion and carried unanimously. OTHER Briggs wondered if anyone is going to SanFrancisco to hear Duany. ADJOURNMENT The meeting was adjourned at 11:00 p.m. ASHLAND PLANNING COMMISSION a REGULAR MEETING MINUTES JUNE 10,1997 ASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES JUNE 10, 1997 CALL TO ORDER The meeting was called to order by Tom Giordano. Other Commissioners present were Howe and Morris. Staff present were Molnar, Knox, and Yates. TYPE II PUBLIC HEARING PLANNING ACTION 97-043 REQUEST FOR A MODIFICATION OF A CONDITION RELATED TO FINAL PLAN APPROVAL FOR PHASE II OF THE OAK STREET MEADOWS SUBDIVISION. REQUEST IS TO ELIMINATE (VACATE) THE PEDESTRIAN EASEMENT LOCATED ALONG THE NORTH SIDE OF LOT 7. 137 OAK STREET APPLICANT: DON GREENE Site Visits and Ex Parte Contacts Site visits were made by all. STAFF REPORT The Staff Report outlines the history of this project. A Condition of Final Plan approval for Phase 2 required a pedestrian path between lots 6 and 8, four feet wide, extending to the west property boundary of the development. There was no requirement to improve the easement as part of the Condition. When the project was approved in 1991, it was anticipated this would eventually connect with the Bear Creek Greenway. It is not certain just how soon that link will happen. The applicant is requesting the easement be eliminated for reasons stated in their application. It has already been recorded on the subdivision plat. Molnar stated there are two other nearby connections to the greenway. Howe wondered if the applicant had tried relocating the easement. Molnar said there was a problem with grade. PUBLIC HEARING DON GREENE, 375 Normal Avenue, said there was too much slope between lots 8 and 9 and a house on one of those lots will be three feet from the property line. There was not a lot of data on how the pedestrian path was to happen. There is a 33 percent slope that would require 45 steps down to the greenway. Greene passed around some photos. The impacts of the path outweigh the benefit to the public. There are two mid-block connections to the greenway. TOM HARASIN, 973 Oak Street, lives in the subdivision. He is not in opposition to the pedestrian path now. Rebuttal Greene said he thought the homeowner's association would be taken over by the homeowners when the second phase has been platted. There was some confusion about how the CC&R's were written. ` COMMISSIONERS DISCUSSION AND MOTION Howe said there is public access to the north and south and Greene's property is steep. She moved to approve 97-043. Morris seconded the motion and it carried unanimously. TYPE I PLANNING ACTIONS PLANNING ACTION 97-046 REQUEST FOR A CONDITIONAL USE PERMIT TO TRANSFER OWNERSHIP OF A TRAVELLER'S ACCOMMODATION LOCATED AT 111 THIRD STREET APPLICANT: ROSEMARY A. SILVA This action was called up for a public hearing. PLANNING ACTION 97-047 REQUEST FOR A CONDITIONAL USE PERMIT TO UTILIZE AN EXISTING TWO-BEDROOM APARTMENT FOR AN OFFICE SPACE LOCATED AT 430 CHESTNUT STREET. APPLICANT: JON & TERRY TURRELL This action was approved. PLANNING ACTION 97-048 REQUEST FOR A CONDITIONAL USE PERMIT FOR A TEMPORARY USE TO OPERATE A FOOD SERVICE CART AT 275 LITHIA WAY. APPLICANT: KC RAILROAD SAUSAGE COMPANY This action was approved. Howe is concerned they will not be visible and was interested in special provisions for a sign. PLANNING ACTION 97-049 REQUEST FOR AN EXTENSION OF AN APPROVED MINOR LAND PARTITION TO DIVIDE A PARCEL INTO TWO LOTS LOCATED AT 242 HERSEY STREET. APPLICANT: ARNOLD GROSS This action was approved. PLANNING ACTION 97-051 REQUEST FOR A MODIFICATION OF A SITE REVIEW APPROVAL FOR PHASING THE CONSTRUCTION OF SPA LITHIA LOCATED AT 665 AND 685 "A" STREET. APPLICANT: PATRICIA MURPHY This action was called up for a public hearing. PLANNING ACTION 97-052 REQUEST FOR A SITE REVIEW FOR A 12 UNIT APARTMENT COMPLEX LOCATED AT 1971 SISKIYOU BOULEVARD. APPLICANT: OPTIONS FOR SOUTHERN OREGON This action was approved. ASHLAND PLANNING COMMISSION 2 HEARINGS BOARD MINUTES JUNE 10, 1997 PLANNING ACTION 97-053 REQUEST FOR A SITE REVIEW TO CONSTRUCT A TWO-STORY MIXED USE (OFFICE/RESIDENTIAL), 3900 SQUARE FOOT BUILDING LOCATED AT 565 "A" STREET. APPLICANT: SHOSTROM BROS., LTD. This action was approved. PLANNING ACTION 97-028 REQUEST FOR A MINOR LAND PARTITION TO DIVIDE A LOT INTO TWO PARCELS BORDERED ON THE EAST BY WATER STREET AND ON THE WEST BY HELMAN STREET. THE PARCEL IS SPLIT BY THE RAILROAD TRACK. APPLICANT: LTC - PAULA FREY This action was approved. PLANNING ACTION 97-028 REQUEST FOR A CONDITIONAL USE PERMIT AND SITE REVIEW TO CONSTRUCT AN ACCESSORY RESIDENTIAL UNIT LOCATED AT 190 WALKER AVENUE. APPLICANT: WENDY EPPINGER This action was approved. PLANNING ACTION 97-057 REQUEST FOR AN AMENDMENT TO A PREVIOUSLY APPROVED 16 LOT SUBDIVISION TO ALLOW ACCESSORY RESIDENTIAL UNITS ON INDIVIDUAL LOTS. APPLICANT: SCOTT KURTZ/COLIN SWALES/LYNETTE SPJUT The Hearings Board called this action up for a public hearing. They would like more information from the applicant, in particular, that parking be shown for the accessory units for lots 5 through 16. Molnar suggested giving the approval for lots 1 through 4 and send out an amendment for lots 5 through 16. The Commissioners agreed. ADJOURNMENT The meeting was adjourned at 2:50 p.m. ASHLAND PLANNING COMMISSION 3 HEARINGS BOARD MINUTES _ JUNE 10, 1997 MONTHLY ASHLAND POLICE R E P O R T Vol.2 No. 6 Linda Hoggatt, Editor June, 1997 Check out our Web Page! Kaufmann was vice president of the academy class and gave a graduation speech. She also received the Sandra In an effort to get more information out to Taylor Award for outstanding leadership. the public by as many varied avenues as Roann Malone received the high possible I am now utilizing our web page academic award. Ashland officers tillto post the monthly reports of our School received seven of the nine awards given Resource Officer, our Youth Diversion out that day and we are extremely proud of Officer and our DARE/Crime Prevention each of them for their efforts. Officer. I have plans to expand in other % areas and hope this proves to be useful to our community. Ashland Police Officers Robbery attempt foiled! and Employees participate in Special June 30 at approximately 12:22 dispatch Olympic is Torch Run received a call from Klamath First Federal y l� stating they had been robbed. The suspect had left on foot and was last seen walking Kip Thomas, Malcus Williams, Kevin across the college field across the street Flynn, Karen Greenstein,Janet Bailey, Ashland's from the bank. Officers hurriedly set up a and Kirk Cromwell from APD as well as Bicycle search area and began canvasing the Dan Curtis from Ashland Fire Department, college and surrounding area for the Wayne Botta from Teamsters Local 223 enforcement suspect. Twenty six minutes later he was and Mel Ray from Talent PD participated located in the men's restroom in the in this years Torch Run for Special rides again.... McNeil Building on the SOU campus. Olympics. Officers, Reserves and Park The robbery suspect was a transient to our Each person donated their own time and Patrol as well as CAP community who was cooperative with lots of effort to complete approximately 30 officers are gearing up to officers when taken into custody.The miles on Hwy.. 99N and 1-5 in a relay of increase summer patrol bank's money was recovered. runners and mountain bikers in order to using bicycles.The bicycle carry the torch for the Special Olympics. program, now in its third Reserve Academ Qf This is the annual kick-off for the Special year increases visibility to y Olympics games which take place in the general public during the Southern Oregon Eugene. The Ashland team passed the g summer months. It also torch at approximately 10:00 in the allows more maneuverability graduates 24 students morning to Special Olympic athletes and when the streets begin to runners from law enforcement agencies in get crowded with tourist On June 15th graduation ceremonies were Grants Pass after braving the hills, traffic. held at Phoenix High School for twenty- construction zones,semis and the usual rubberneckers. four reserve candidates from Ashland, A side benefit to the bicycle Rogue River, Gold Hill, Shady Cover and Janet Bailey and Wayne Botta program is the improved Talent.Ashland's graduates were Drew participated for the 11th consecutive year physical fitness and Baily, Erik Baines, Rachel Kaufmann, in the Special Olympics Torch Run conditioning those who ride Roann Malone,Andrew Reinholz and program. gain. Brad Simpson. The academy was held every Saturday for Congratulations and good job to all who participated! the last six months.This is a voluntary 'c academy in which the students attend on their weekends and training on their own time. There were a total of seven people who got perfect attendance awards, five of which were from Ashland PD. Rachel Statistics: ROAD TO POLICING:While already begun. Everyone wishes ..June*** attending Southern Oregon Kip took a Tarry Good luck in her new home and course in criminology and got hooked. career in Iowa. PART 1 CRIME 1997 1996 From that point on he was determined he wanted to be a law enforcement New Training Officer officer. Kip began his career with APD Homicide 0 1 November 22, 1974. named Rape 2 0 Robbery 3 4 Agg.Assault 0 1 Central Area Patrol Teresa Selby has been selected to Burglary to be a bus become the Training Officer the APD. Residential 35 54 proving y The position, currently held by Craig Non-residential 31 4 Job, Hooper,was opened up with his Shoplifting 76 107 June was the first full month for CAP pending retirement. Theft from MV 71 46 officers Kevin Flynn and Tom Cook MV Parts-accessories 31 42 Y It will be Teresa's job to set the Bicycle Theft 48 46 this year and it was a busy one.With direction for training at APD in the Theft from building 20 17 graduations, band concerts, rock future. She will be in charge of Other Thefts 135 101 concerts, Feast of Will and other training of sworn officers as well as Motor Vehicle thefts 12 14 events keep them pretty busy. non-sworn employees and will work Arson 7 3 Citations: closely with Barb Brown in TOTALS 471 44 coordinating the training for 0 8 skateboard citations/confiscations clerk/dispatchers. 7 trespass citations Part I crime categories are up 6.5% 6 theft citations YDO program shuts the first 6 months of 1997 over the 7 dog ordinance violations P g first 6 months of 1996 (471 to 440). 22 traffic violations(3 crosswalk). down for the month Calls for Service Warnings: of July June 97 June 96 17 skateboard 51 panhandling dung The Youth Diversion Program will be Police 1029 943 bicycle suspended for the month of Jul only. Medical Calls 114 135 53 traffic violations p y 35 dog warnings in the park Jan Janssen will be taking an Fire Calls 38 19 33 dog warnings(other) extended vacation during July and Pass Off" 9 39 11 camping has asked that all referrals for youth 911 Calls 455 p g violations be sent directly to the "(to another 911 center) Generally,there have been no Jackson County Juvenile Department TRAINING: problems in the Park. Park Patrol (JCJD) during her absence. employees are working hard and the Summer RSVP 272 Hours of Training were held season seems to be rolling along during the month of June 1997. smoothly. Programs up and COP ON THE BRAT APD nnel Changes at running WHO: Kip Thomas, The Retired Senior Volunteer Police 47 Program has begun their annual Officer Greg Lemhouse has recently Watershed Patrol Program. The POSITION: Officer been hired by Medford Police.Greg program, under the direction of Frank APD,working 8 am has been with Ashland since April of to 4 p.m. patrol 1995. Greg is one of three people d'Entremont, keeps vigilant watch 7 „F division.Thomas is being hired by Medford and is the over the city watershed.Twenty eight regular the most senior only certified officer. We will miss him members of the RSVPP's take re g ”-. member of the patrol terribly.We do not anticipate fillin shifts to see that the watershed area g group, a Certified Greg's position until after the new of Ashland is kept free Of campers, Radar Instructor, trespassers and vehicles that could First Aid/CPR THOMAS Chief has been hired. accidentally set a fire. Instructor, as well as Tarry Myers has finally sold her Additionally, others volunteer do a certified instructor for Unknown and house in Medford and is leaving the vacation house checks. These people High Risk Traffic Stops. Rogue Valley for her family home in check residences throughout the city PERSONAL: Mountain Biking, Road Webster City, Iowa.Tarry has been a of those who are away to verify they Biking and running are Kip's hobbies. clerk/dispatcher with us since August are secure and no problems exist. Kip is married has two children and 1 of 1989.Tarry's position will be filled very special grandchild. right away and recruitment has ,ao• CITY OF ASHLAND Administration Office of the City Administrator �RRoo�, ' MEMORANDUM DATE: July 11, 1997 TO: Honorable Mayor and City Council FROM: Brian L. Almquist, City Administrator RE: Monthly Report - June 1997 The following is a report of my principal activities for the past month and a status report on the various City projects, and Council goals and notes to staff for 1996-97 and 1997-98. 1. PRINCIPAL ACTIVITIES: 1. Travelled to Northern California to meet with candidate for Public Works Director position. 2. Met with City Recorder Christensen and Dick W. to discuss implementation of City Newsletter. 3. Met with Susan Rubinyi-Anderson to discuss activities for French Sister City Committee. 4. Met with labor consultant Peggy Young to discuss issues regarding labor contract negotiations. 5. Attended Council Executive Session with Peggy Young to discuss status of labor negotiations. 6. Met with staff to discuss options for property tax levy under ballot measure 47/50 for presentation to Budget Committee. 7. Attended my last board meeting as a member of the Rogue Valley Civic League executive committee. 8. Participated in meeting of Citizens Budget Committee. 9. Attended meeting at Southern Oregon Regional Communications regarding our decision not to participate in new CAD/Management Info. computer system. 10. Attended all-day strategic Planning retreat as a member of the Public Safety Coordinating Council in White City. 11. Travelled to San Francisco and Denver to interview candidates for Police Chief position. 12. Attended final meeting of Budget Committee. 13. Met with Peggy Young to review and revise our position with the various employee groups in bargaining. 14. Attended monthly breakfast meeting of the Chamber Board of Directors. 15. Participated in live TV broadcast and ribbon cutting at RVTV's new control room at Southern Oregon University. 16. Met with residents of the Liberty/Pennsylvania Street area regarding a possible LID to underground electric lines. 17. Met with several department heads to discuss screening options for transformers at the rear of City Hall. 18. Met with Electrical Engineer Cliff Maim to finalize plans for repairs to hydro- generator at Reeder Gulch. 19. Met with resident Wes Vail regarding his plan to build a railroad museum on S.P. property near Oak Street. i i 20. Had coffee with Councilor DeBoer to discuss various city issues. 21. Attended monthly Public Safety Coordinating Council meeting in Medford. 22. Met with Consultant Steve Koskella to discuss possible property acquisition in connection with Roca Creek drainage. 23. Met with League of Women Voters member Hal Cloer to discuss upcoming League project to improve participation in local government and improve communications. 24. Met with Paula Brown, P.E. to discuss the details of her employment offer as Public Works Director. i 2 i 25. Met with Jeff Rhed of Portland General Electric Energy Services regarding services they provide to smaller utilities. 26. Met with Guanajuato Sister City Committee to finalize plans for guests visiting Ashland on July 4th. 27. Met with Mayor and Realtor Donna Andrews to discuss possible offer on the S.P. railroad property, contingent on Council concurrence. 28. Met with prospective college intern on water conservation project. 29. Met with various staff members to discuss coordination issues regarding the 4th of July. 30. Had coffee with Councilors Laws and Wheeldon to discuss various city issues. 31. Met with OSF Manager Paul Nicholson to discuss status of joint project. 32. Participated in monthly Town Hall program on RVTV with Councilor DeBoer and Mayor Golden. 33. Chaired the monthly meeting of the Oregon Utility Coordination Assn. in Eugene. 34. Met with Chamber Manager Sandra Slattery to discuss issues regarding the Festival of Lights. 35. Met with historian Kay Atwood to review her progress on city government history project. 36. Attended meeting of Budget Committee to finalize proposed tax levy to be certified to the County under ballot measure 50. STATUS OF VARIOUS CITY PROJECTS: 1. Indiana/Siskiyou Realignment. The preliminary design has been agreed to by the three parties and all have now approved the contract. At a meeting with college and state officials, it was agreed that city electric crews might be used to relocate some of the signals and thereby allow the project to be completed within budget this summer. Plans are now being prepared for bids. 2. WWTP Upgrade/Wetlands Demonstration Project. The contract for the demonstration Wetlands/soil treatment is proceeding on schedule. Planting began this week, and dedication is scheduled for later this month. 3 A' 3. Central Ashland Bikeway Project. Adkins Engineering was awarded the design contract and we have now received the preliminary plans. We are hoping to go to bid on the entire project this Fall (8th & A Street to Tolman Creek Road). 4. Mountain/E. Main Signalization. We have been awarded a grant from the Gasoline Anti-trust suit proceeds in the amount of $75,000. The signal plans have been completed and hope to be ready to begin the project in September, with most of the work being performed by the Electric Dept. and Street Division crews. III. STATUS OF UNCOMPLETED 1995-96 COUNCIL GOALS: 1. Resolve office building/space needs issue. Council held a special public hearing on September 24, and decided to simultaneously pursue both the upgrade and expansion of City Hall and the East Main addition, while pursuing the Hillah Temple when it becomes available. Staff is to present timetable and financing plan as soon as practicable. We have revisited the space needs requirements for city hall departments. The final report was received this week and I would like to review it with the Council at our August Study Session. IV. STATUS OF UNCOMPLETED 1996-97 COUNCIL GOALS: 1. Encourage alternative transportation modes through such means as: b. Completing negotiations for bicycle access from Jackson Road to Crowson Road along the railroad tracks. c. Exploring development of a transportation coordinator position. will be meeting soon with CP & 0 railroad reps to discuss the feasibility of r/w for the Jackson Road bike way link. The Transportation Coordinator position was not I funded due to Measure 47/50 uncertainty. 2. Reexamine growth management policies as they affect density, transportation, and city services. This will be part of the Comp.Plan periodic review process. V. 1997-98 COUNCIL GOALS: 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 City Forest Commission. Dick Wanderscheid presented the first annual report of progress 4 at the July 1 Council meeting. Framed copies of the Valdez Principles have been posted in all city departments. We will began incorporating presentations at monthly safety meetings in each department. 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 TID, or other sources. Both these studies are in progress. 3. Re-examine flood plain and hillside areas in light of the recent flood event and modify maps and ordinances appropriately. In progress. 4. Review Fire Department space needs and acquire appropriate land as opportunities arise. 5. Position the Electric Utility to remain competitive in the coming deregulated electric utility environment. NOTES TO STAFF FROM 1996-97: 1. Administration will continue to explore purchase of land for a Transportation Center that ensures the option for a future rail link. (Spoke in August with Paul Comstock who owns land East of Oak Street Tank. He is now not interested in an equity trade due to the fact that he has been unable to locate a larger site at an affordable price. I also spoke with Oak Street Tank owner Gene Morris who has an interest in moving his business, but who has also been unable to find suitable land in town) 2. Administration will work with the School District and RVTD to develop a bus route to E. Main and Walker that serves the Pacific NW Museum of Natural History. (Councilors Laws and Hauck met with RVTD to discuss options. Cost of route is now being evaluated, although the future of RVTD funding is in doubt due to the passage of BM 47) 3. City Administrator to recontact Vogels about viability of purchase. I met with the Vogel's attorney in mid-April to express our interest. He agreed to convey our position back to the Vogels and we agreed to meet again in mid-May. WE met with the Vogels and have given them our proposal which they will evaluate and respond to within the next month. Brian L. Almquist City Administrator 5 Cit y of Ashland :" ` = City Hall 20 E.Main St. City Recorder's Office Ashland, Oregon Christensen,City Recorder gon 97520 (541)488-5307(phone) (541)488-5311 (fax) June 25, 1997 TO: p /► JMayor and Council FROM: W(i'/ Barbara Christensen, City Recorder/Treasurer SUBJECT: Liquor License Application Application has been received from Braden Benton, Heidi Benton, Clay Impala, Kristie Daniels, Ken Conologue and David Gianotti for a LIQUOR license for an ESTABLISHMENT, the Great American Pizza Company at 1448 Ashland Street, Ashland. OLCC has completed the necessary background investigation and approval of this application is recommended. City of Ashland ° City Hall City Recorder's Office 20 E. Main St. Barbara Christensen, City Recorder Ashland.Oregon 97520 (541)488-5307 (phone) (541)488-5311 (far) July 8, 1997 TO: Mayor and Council FROM: �U Barbara Christensen, City Recorder/Treasurer SUBJECT: Liquor License Application Application has been received from Joan Green and Margaret Green for a LIQUOR license for an ESTABLISHMENT, The Dug Out Sports Pub & Grill at 474 N Main Street, Ashland. OLCC has completed the necessary background investigation and approval of this application is recommended. City of Ashland City Hail City Recorder's Office 20 E. Main St. Barbara Christensen, City Recorder Ashland,Oregon 97520 (541)488-5307(phone) (541)488-5311 (far) July i, 1997 TO: Mayor and Council FROM: YJ�✓ Barbara Christensen, City Recorder/Treasurer SUBJECT: �J Liquor License Application Application has been received from Dale Verger and Pierre Verger for a LIQUOR license for an ESTABLISHMENT, Monet at 36 South 2nd Street, Ashland. OLCC has completed the necessary background investigation and approval of this application is recommended. CITY OF ASHLAND ' ,wF„ + CITY HALL ASHLAND,OREGON 97520 July 10, 1997 Linda Duffy District Ranger Ashland Ranger District Rogue River National Forest 645 Washington St. Ashland, OR 97520 Dear Linda, I have had an opportunity to review the materials that you have presented to the city regarding the proposed Ashland Watershed Hazard Reduction (HazRed) project. I know I speak on behalf of the entire council in thanking you for the thorough job you and your staff have done in keeping the city apprised and balancing citizen concerns. Ashland city government has enjoyed a long history in working with the Forest Service in what has truly become a partnership. Much of the fire mitigation efforts we have undertaken over this last decade on city owned lands could not have been conducted successfully without the sensitive and professional guidance of the Ashland Forest Ranger District. Because the Ashland Watershed is part of a bigger reserve set aside to manage as old growth forest for future generations, it is a precious resource to the nation as well as the citizens of Ashland who depend on it for their sole water source. I want you to know that I have also had an opportunity to review materials sent to the City Council from concerned citizens and want to stress how pleased I am that so many have taken the time to get involved in shaping this project. Given all the information before me I would like to propose the city's support of the HazRed project given modifications to your proposed plan based on some very solid and thoughtful suggestions from the community. 1. Evaluate the need to pile or underburn the residual slash left over from past hazard reduction timber sales. 2. Cut and burn trees, brush, and grass in the existing shaded fuel breaks to maintain them and keep them effective. Linda Duffy July 10, 1997 Page 2 3. Leave as many trees as possible greater than 16-20" in diameter that will not seriously compromise effectiveness of the fire behavior objectives. 4. Do nothing that will increase the risk of landslides and erosion and avoid unstable slopes resulting from the 1997 flood. 5. Consider no new shaded fuel break, but consider other vegetation treatments on Winburn Ridge to achieve hazard reduction objectives. 6. Instead of new shaded fuelbreaks look at other alternatives, but don't jeopardize the ability to safely protect the Ashland Watershed and old growth reserve from catastrophic fire. 7. In the City forest management plan we have annual funds set aside for hazard reduction work, please consider using these funds for removal of smaller trees, brush and/or dead vegetation to effectively manage for ground and surface fire behavior objectives rather than cutting the larger trees. 8. Consider setting aside one project unit for citizen stewardship, establishing attainable goals for hazard reduction. This will require a timeline with specific reporting periods such as six months, one year and a date for completion such as three years out. The administrative logistics such as liability, etc. would have to be worked out. 9. Finally, I would like to request that you drop, for now, the proposed new Reeder Gulch fuel break given the unstable soils from the 1997 flood. On behalf of the City Council, again I want to thank you for this opportunity to give our input. We greatly value the work you do and look forward to being a partner with you in implementing this important project. Sincere�ly� Catherine M. Golden Mayor M\ha sd.710 5417732635 BLFlCKHURST HORNECKER 286 P01 JUL 15 197 15:29 Bi ACKHURn, HORNECKER, HASSEN ERVIN B. HOGAN OADWRY T.ROMEO= ATPORNM AT LAW OF WOAM 70HN R.HASH XL4M R KEELS MAN F.O.BOX 670 H KENT BLACKHUR87 RICKARD H.BROW 119 NORTH OAMUE ERYBf&HOOAN MBDFORD.ORHOON 97501 ARM ME: 341 ma 0ladchom.com malwHONB: lm-695o http:/Aw bladum com FAX 773-14M FAX TRANRMYTTAI. SHEET DATE: July 15, 1997 TO: Paul Nolte FAX NO: (541) 488-5311 FROM: Richard H. Berman NO PAGES 4 (Includes cover sheet. If you do t receive all pages, please contact the above s soon as possib . ) MEMO: Enclosed is a Lett of today's to raga ing Schofield/Monte V 'sta L.I.D. RHB:jd Enclosure [X] See attached [ ] An original is being mailed. [ ] An original is being delivered. [ ] An original is available upon request. [X] Fax transmitted only. NOTICE This facsimile transmission is attorney-client privileged and confidential infor- mation intended only for the recipient named above. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this communication is strictly prohibited. If you have received this transmission in error, contact us immediately at the number above. 5417732635 BLACKHURST HORNECKER 266 P02 JUL 15 197 15:29 BLACKBURSf, HORNECKER, HASSEN ERVIN B. ROGAN GRRGORY T.H0RNRC U ATr'ORNM AT[Aw OF COM= JOUN R.HASSEN 3OMWX 9 S¢[PAMAN F.a BOX 670 a KIM B[ACKHUM RICHARD K BEEMAN 339 NORTH OAKDALE ERVIN S.ROGAN MEDF0RD.OREGON 97501 July 15, 1997 Ashland City Council c/o Planning Department 20 East Grand Street Ashland, Oregon 97520 Re: Schofield/Monte Vista L. I.D. Your Honor and Members of the Council: The residents of the proposed Schofield/Monte Vista L.I.D. , by and through their counsel, hereby submit their remonstrance against the proposed L.I.D. Twenty-two of the twenty-five property owners within the proposed L. I.D. have submitted their remonstrance against the proposed L. I.D. This represents 88$ of the property owners. As far as the residents can tell, the only property owners within the L.I.D. who are actually in favor of the proposed L. I .D. are Pauline Sullivan and the Hargadine Cemetery Association, i.e. , the City of Ashland. Pursuant to Article XI, Section 11 of the Charter of the City of Ashland, Oregon, the City is legally compelled to suspend the proposed L. I.D. for six months. 1. CITY CHARTER AND ORDINANCE. Article %I, Section II of the Charter of the City of Ashland, Oregon provides: "Action on any proposed public improvement, except a sidewalk or except an improvement unanimously declared by the Council to be needed at once because of an emergency, shall be suspended for six months upon a remonstrance thereto by the owners of two-thirds of the land to be specially assessed therefore. " City of Ashland Municipal Code, Section 13.20.050 C. provides: "Effect of remonstrance. If at the hearing, the owners of two-thirds of the property to be specially assessed for the improvement, or the owners of property which will be assessed for two-thirds or more of the proposed assessment, deliver to the Council a remonstrance to the improvement, then action on the improvement shall be AREA COM 541 zaa@blatkhom.Wm TmBPHONR 779-4550 hapWw ww.bladkham wm 5417732635 BLRCKHURST HORNECKER 266 P03 JUL 15 197 15:30 Ashland City Council July 15, 1997 Page 2 suspended for a period of six months. 2. INTERPRETATION OF THE CHARTER AND ORDINANCE. It has long been the law of Oregon that remonstrance provisions are to be strictly construed in favor of those remonstrating against a local improvement district. In Harder at ux v. The City of Springfield, et al . , 192 Or 676, 684, 236 P2d, 432 ( 1981), the court applied the following language in interpreting a remonstrance against a local improvement district: "The Charter regulations in this respect, as in all others where the property of individuals is to be taken or encumbered without their consent, are to be strictly construed, and every substantial requirement must be complied with before the power of the council thus delegated can be exercised. Without such compliance, its ,jurisdiction to act is absolutely and entirely wanting, and proceedings had and taken would necessarily be void and without effect for any purpose. " 3. THE RESIDENTS HAVE NOT WAIVED REMONSTRANCE TO THE L. I.D. The planning staff have relied upon several agreements entered into by some of the residents and in some cases entered into by o predecessors in interest to their property. These agreements are not effective "waivers of remonstrance" against this L.I.D. for two reasons: ( 1 ) None of the "consents" pertain to the entire L.I.D. , including Sheridan, Monte Vista, and Schofield Streets; and (2 ) None of "consents" constitute valid "waivers of remonstrance. " The subject L. I.D. as proposed includes paving, sidewalks, curbs, gutters, and storm sewers for Sheridan, Monte Vista, and Schofield Streets. Some of the properties have agreements of record for their own streets. None of them have agreements of record for all three streets. Further, many of the agreements do not adequately describe improvements to be done. Regardless of whether the "consents" constitute valid waivers of remonstrance for an L. I.D. , they certainly do not constitute valid waivers of remonstrance for this L.I.D. Furthermore, none of the subject agreements contain the requisite "waiver of remonstrance" language_ An example of that 5417732635 BLRCKHURST HORNECKER 286 PO4 JUL 15 197 15:30 c Ashland City Council July 15, 1997 Page 3 language can be found in the agreements signed by Mr. and Mrs. Sullivan. In their agreements, the Sullivans "agree not to remonstrate to the formation of such local improvement district. " While the agreements of the residents remonstrating herein contain various agreements "to participate" in an L. I.D. , such agreements do not include specific language waiving the procedural right to remonstrate against the formation of the district. Remonstration is "a specific kind of written objection, required to be filed with a particular person, in a particular manner, within a particular period of time. " L•arsson v_ City of LakA Oswego, 26 Or Luba 515, 523 (1994) . The consents entered into by the residents and their predecessors in interest only state that they consent to participation in an L. I.D. if formed. Such agreements do not contain a specific waiver of the procedural rights to remonstrate and thereby prevent formation of the L. I.D. As the various agreements were contracts of adhesion drafted by the City of Ashland and entered into under duress by the various residents and their predecessors in interest, they are to be interpreted strictly against the drafter. This is especially true in light of the fact that all matters concerning L. I.D.s are to be interpreted in favor of the remonstrators and against the City. Over two-thirds of the property owners have remonstrated. They are not prevented from remonstrating against this L. I.D. by any agreement which they have entered into with the City. Accordingly, the City is legally compelled to suspend the proposed L.I.D. for six months. Yours very truly, BLRCKHURST, HORNECKER, HASSEN & ERVIN HOGAN ichard an RHB:jh ICt\�A%\RICH\�.PLAtt.L7AJ CITY OF ASHLAND Department of Community Development �Ze s _ Planning Division MEMORANDUM OREGON" DATE: July 5, 1997 TO: Honorable Mayor and City Council FROM: John McLaughlin, Director of Community Development RE: Sheridan/Schofield/Monte Vista LID BACKGROUND The Sheridan/Schofield/Monte Vista neighborhood is located in the northwest portion of the city. Schofield and Monte Vista Streets are unimproved, while Sheridan Street is unimproved on the upper portion. The lower portion was improved through a local improvement district in the early 1980's. Since approximately 1973, pre-paving agreements have been obtained for land use actions occurring on parcels within this area. The majority of agreements were obtained during the 1980's. The majority of these agreements were obtained as part of approvals of minor land partitions. The result was that approximately 80%of the properties within the neighborhood served by these unimproved streets have signed agreements. In 1995, a subdivision approval was granted for an 18-lot subdivision at the top of Sheridan and Schofield Streets. Given the City's policies for connected streets and improvement of granite streets, the Planning Department recommended, as part of the subdivision approval, that the unimproved streets of this neighborhood be paved through the formation of the local Improvement district. The subdivision was approved, and we have commenced with the formation of the district. An initial neighborhood meeting was held on April 17, 1996 at Briscoe School, to discuss the LID process, and discuss the nature of the improvements. A highly charged yet fruitful discussion took place at this meeting, and the staff went back to prepare additional information. It was at this same time that the Council was looking at alternatives associated with LID's, specifically with the Tolman Creek area. We then put the neighborhood process on "hold" while the rest of the LID issue unfolded. Once the Council finalized the process, resulting in the arterial assistance fund, we resumed the neighborhood process. A meeting was held on February 24, 1997, where initial design plans were presented by Acting Public Works Director Jim Olson, and total costs for improvement were presented. Again, a highly charged discussion ensued, but direction was given to the staff for options regarding assessment of individual properties, as well as direction as to redesign of the street improvement. The next meeting was held on April 2, at which time options for assessment were presented to the neighborhood, discussion was held on different assessment approaches such as front foot, area, unit, and combinations. While much of the discussion involved issues other than means of assessment, there appeared to be a "general consensus", in a rather loose way, that the staff proposal based on 25% frontage and 75% units was reasonably fair. Other issues were raised regarding the number of units determined for specific parcels, and whether additional land should be included. Staff went back to modify the assessment option. On April 21, the final meeting was held. Staff prepared a modified assessment, including the Billings property, and modifying some others. Again, many issues other than the assessment process were discussed, but the Staff recommended option, with the suggested changes, appeared to be the option of choice. While no vote was taken, Staff has provided this packet to you as the "best fit" option based upon our understanding of the neighborhood issues and concerns. ASSESSMENT METHODS Several options for the proposed assessment of $238,1 14.80 for the improvements were prepared by Staff and discussed with the neighborhood. Due to the nature of the lots and frontages of the neighborhood, it was determined that a pure frontage foot approach would not be the most equitable, so rather, a combination of frontage feet (25%) and potential number of units on the property (75%) was proposed. The Sullivan property, the 18-lot subdivision, was included in the assessment process as a "lump sum" payment. As part of the approval of the subdivision, Bob Sullivan was required to either wait for a local improvement district to be formed for these streets, or he could do a half-street improvement (20' paving width, curb, gutter 81 sidewalk on one side) from his subdivision on Sheridan to the existing paving. Staff estimated this cost to be $57,461 (as part of the LID), and attributed that cost to Sullivan. The remaining balance of $180,654 would be allocated to the remaining properties in the district, based upon the 75% units/25% frontage formula. Without the Sullivan contribution, the individual property assessments within the district would be approximately 31% higher. This methodology is indicated as Option "A" on the attached tables. In response to a request from the neighborhood, two additional methodologies have been presented. The first, indicated as Option "B", was to include the Sullivan property in the overall calculations, rather than assigning a lump sum value. This option assumes that all lots in the subdivision will pay the same rate as the remaining ones in the neighborhood, again based on the 75%/25% formula. This option increases the Sullivan's assessment by approximately $10,000, and lowers the others accordingly. This option was requested by Councillor Hagen. Option "C" was prepared based upon the approach that if the street improvement cost was $65/front foot (based on past averages), the total improvement cost would be $185,629. This would then be allocated among the properties within the district on the proposed 75%/25% formula, excluding Sullivans. Sullivans would be required to pick up the difference between the $65/ft. estimate and the actual estimate, or $52,486. This results in an approximate $5000 decrease for Sullivans from the Staff recommendation, and a slight Increase in all other property's assessments. This option was requested by Councillor Laws. It is Staffs opinion that the original methodology, Option "A", provides a fair basis for assessment that considers the impact of the subdivision, and fairly allocates that to all properties within the remainder of the district. NEIGHBORHOOD CONCERNS As stated in the above background, many of the discussions were heated regarding the formation of the district, and many opinions were expressed. The following is a summary of those concerns. As with many past LID's within the City, it appears that some property owners were not aware of the past agreements made affecting their properties, and therefore have not had any interest in the formation of a local improvement district. Many of the other property owners are content with the streets as they are, and believe they should be left in their current state. Others have expressed an interest in improvement of the street, but do not believe that it is their responsibility for the improvement, but rather the City's or the developer's. Overall, these statements highlight a major issue of the neighborhood, they would rather the local improvement district not be formed and that they not be assessed for any improvements. Also as addressed in past LID's, the neighborhood has concerns with the whole concept of "local improvement districts" and "benefitted properties." Many did not believe that there would be any "benefit" to their property, and in fact, it was their opinion that the improvement would be a detriment. Should the district be formed, several neighbors did not see the need for the improvement of Monte Vista. While Sheridan and Schofield Streets provide connected access down to North Main Street, Monte Vista was not necessary as far as the subdivision approval was concerned. Therefore, it was stated that it should not be included in the LID and not improved. Further, it was stated that the only reason Monte Vista was included in the LID was because the Planning Department, and specifically myself, recommended that all of the unimproved streets of the neighborhood be improved. Neighborhood residents felt that this recommendation was unnecessary for the approval of the Sullivan subdivision, that it came somewhat late in the process, and that they believed that it was unfair to them. _ Beyond the formation of the LID issue, many owners believe that the provision of sidewalks on Sheridan and Schofield Streets was unnecessary. It is their opinion that few people will walk in the neighborhood due to the slope and lack of destinations, and therefore the sidewalks are an added unnecessary expense. Further, regarding the street design, it was stated that the use of standard curb and gutter failed to recognize the rural nature of this area, and that it created a very urban appearance. Concerns were raised regarding the safety of the area should the streets be improved. At this time, the streets are not used much due to their unimproved nature. But should they become improved, additional traffic will occur, perhaps with higher speeds, resulting in increased impacts on the existing residents. Further, there were specific safety concerns regarding the intersection of Schofield Street and North Main. This is a steep street intersecting with a major arterial, with little, if any, run-out area. A concern was also raised about the paved surface and this intersection, with the pavement resulting in increased stopping distances during icy weather. Storm water drainage was raised as a concern as well. Presently, most storm water is handled in granite ditches adjacent to the streets. Neighbors are concerned that the design of these improvements will handle the additional storm drainage due to the increase in impervious surface. Along with storm water drainage, concern about specific trees in the area was raised. Should the storm water be redirected to a storm drain system, will there be adequate water for the health of these trees? STAFF RESPONSE As the Council is keenly aware, there are no easy answers with local improvement districts. Their use for street improvements has been a council policy for many years. The needs for ' the improvements, contrary to many neighbor's beliefs, are truly for the improvement of the neighborhood and city. Many of these issues were raised during the Sullivan subdivision hearing in 1995, and .attached is a memo 1 prepared for the Planning Commission at that time. On the other issues, we believe that sidewalks are necessary in the neighborhood. While the neighborhood understands that it is Council policy to require them, they do not see a need for their construction. As the Council has adopted in the new Transportation Element, and has been discussed many times, if the facilities are available, they will encourage use. While several of these current residents may not want to use these sidewalks, we believe that future residents will benefit from the availability of separate pedestrian facilities. Alternate storm water systems have been considered (grass lined ditches, or concrete ditches) but they have the potential to increase costs and require additional width for the improvement. While the proposed improvements will be able to fit in the existing right-of- way and around almost all of the trees, this may not be the case with the wider design with ditches. SUMMARY Staff very clearly understands the concerns of the neighborhood, and their reasons for raising them. And it is not that we haven't heard them, rather it is that in the support of the policies established by the City Council, we must disagree with them. And it is because of this support for Council policies and concern for the long-term best interests of the entire city that we recommend approval of the formation of this local improvement district, with the suggested assessment methodology, and with the construction plans as prepared. Specifically, we recommend that Option "A" be the methodology used for assessment. We recommend that sidewalks be included on one side of Sheridan, one side of Schofield, and not on Monte Vista. The cost of the sidewalk improvement is less than 10% of the total improvement cost, yet provides great potential benefits. Further, policies from the recently adopted Transportation Element state: Provide walkways and bikeways that are integrated into the transportation system Incorporate pedestrian and bicycle facility needs Into all planning design construction and maintenance activities of the City of Ashland. Provide walkways and bikeways in conjunction with all land divisions street construction and reconstruction projects and all commercial, industrial, and residential developments. We further recommend that the standard city asphaltic street improvement, with curbs and gutters, be installed as part of the improvement. While other options may exist, we believe that this approach is the most cost effective. Concerns were raised about stopping distances on asphalt. While under icy conditions, that may be true, under the predominant climatic conditions of Ashland (either rain or dry), in 99% of the time the asphalt will provide shorter stopping distance and a safer, more consistently reliable driving surface. Paved streets on steep hills are used successfully throughout the city, such as upper Iowa Street, Roca Street, and Elkader Street. Further, we would recommend that the final engineering design drawings carefully consider the trees in and around the neighborhood, and incorporate the retention of the maximum number of trees in the design. It is known that the trees provide a significant benefit to the neighborhood and community, and their retention, when possible, should be a priority. NOTICE OF PUBLIC HEARING The City Council of the City of Ashland will meet on July 15, 1997 at 7 p.m. in the Council Chambers, 1 175 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 upper Sheridan Street, Schofield Street and Monte Vista Street paving, curbs, gutters, storm drains, and sidewalks." BENEFITED PROPERTY: "All those lots fronting on or accessing onto Sheridan Street between Grant Street and Prim Street, all those lots fronting on or accessing onto Monte Vista Street between Sheridan Street and Schofield Street, and all those lots fronting on or accessing onto Schofield Street between North Main Street and its western terminus, as depicted on the map attached to Exhibit A." ESTIMATED COST: The estimated cost of these improvements is $238,114.80 all of which will be paid by special assessments on benefited properties. Costs will be allocated based on one of three options. Option "A": Costs will be allocated based on $57,461 responsible to tax lot 39-1E-05BD 2300 (Sullivan), with the remainder of the costs allocated on a combination of 25% frontage measure (363.26/ft) and 75% developable unit measure (56,022/unit). The specific proposed assessment for each lot is contained on the attached exhibit. Original staff recommendation. Option "B": Costs will be allocated based upon all of the Sullivan property being included area, with the 18 proposed units included in the total unit calculations. The costs of $238,114.80 will be allocated on a combination of 25% frontage measure (359.64/ft) and 75% developable unit measure (35,677/unit). The specific proposed assessment for each lot is contained on the attached exhibit. Councillor Ken Hagen's request. Option "C": Costs will be allocated.based upon all lots in the district, excluding the Sullivan property, based upon an improvement cost of 365.00/frontage foot, for a total improvement.cost of $185,629. This costs would then be allocated on a combination of 25% frontage foot ($65.00) and 75% developable unit measure (36,188/unit). Tax lot 39- 1 E-05BD 2300 (Sullivan) would be responsible for the difference between the actual engineering estimate ($238,114.80) and the 365/ft estimate ($185,629), for an amount of $52,486. Councillor Don Law's request. Additional information regarding the proposed improvement or method of assessment may be obtained at the Planning Division, City Hall, 20 East Main, Ashland, OR, phone number 488-5305, weekdays during the hours of 8:30 am to 3:00 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. ., She ndau/Schotield/INonte Vista Improvement - .:* 11ap& Mr, Front Units OPTION"A" OPTION"B" aPTION "C" Sidewalk Cos[ Lat Cost .COS[ COS[ Credit at ' W/redtt 2d°/n frontage Sullivan Area Sd5 front ff based on 5%unity. :and Umtr estimamilcostfor .Staff Sulkvar:lump suns :Included in improvement- , 'A Recom cast(1/2'streetJ : :cafculmtatis Sullivan Mendauon OngwalStaff 25%frontage responstb/e for .... Rcro»mtexda&on: ;75%uniu nenatnder i, .05Bill700: 0.00 2.00 $9,033 $8,516 $9,281 ($160) $8.873 05BA1802 136.34 1.00 $6,673 $6,291 $6,856 ($118) $6.555 OSBA 1803p) 92.81 1.00 $5,984 $5,642 $6,149 ($105) $5,879 i05ME:2000: 294.50 4.00 $22,723 $21,423 $23,349 ($401) $22.322 i05BA2i00!: 156.78 1.00 $6,996 $6,596 $7,188 ($124) $6.872 OSBA 2{UI :J 66.00 1.00 $5,560 $5,242 $5,713 ($98) $5,462 OSBD:100; : 20.00 1.00 $4,833 $4,556 $4,966 ($86) $4,737 058D.'IOZ i 0.00 1.00 $4,516 $4,258 $4,641 (S79) $4,437 OSBD;:ZOt` 0.00 1.00 $4,516 $4,258 $4,641 ($79) $4,437 DSaDZ03: 136.00 1.00 $6,667 $6,286 $6,851 ($117) $6,550 WD1000 : 147.80 1.00 $,6,854 $6,462 $7,042 ($121) $6,733 277.44 2.00 $13,420 $12,653 $13,790 ($236) $13,184 f15SD30-0 :: 209.93 1.00 $7,836 $7,388 $8,052 ($138) $7,698 05BD402 : 12.50 1.00 $4,714 $4,444 $4,844 ($83) $4,631, A5BD:403? : 105.00 1.00 1 $6,177 $5,824 $6,347 ($109) $6,068 05B.D405:: 92.50 1.00 $5,979 $5,637 $6,144 ($105) $5,874 05BD5-00 : 263.54 1.00 $8,684 $8,187 $8,923 ($153) $8,531 OSBDSOf 261.46 1.00 $8,651 $8,156 $8,889 ($152) $8,499 OSBD600 54.00 2.00 $9,887 $9,321 $10,159 ($175) $9,712 05,W.701::: 221.75 2.00 $12,540 $11,822 $12,885 ($222) $12,318 05BD702:: 92.00 0.33 $2,960 $2,791 $3,042 ($52) $2,908 05BD:703:: 92.00 0.33 $2,960 $2,791 $3,042 ($52) $2,908 05BD 704 ;: 93.48 0.33 $2,984 $2,813 $3,066 ($53) $2,931 ::05BD:'23p0, 40.00 18.00 $57,461 $67,792 $52,486 ($1,013) $56,448 i O58D;:2205N 30.00 2.00 $9,507 $8,963 $9,769 ($168) $9,339 1 TOTAI:S: ;j 2895.83 48.00 $238,115 $238,115 $238,115 ($4,200) $233,915 1'1 Credit for sidewalk construction: 25% of estimated cost. Must be approved by Council. ShcndanlSchofield/Monte Vista Proposed L LD :CompoaiUon No Map&Tax :Frontage Una Cost Cost Cost Pre pwrng 1 Nante&llcldtrss Lot _� : � ,a3 C AgieemenrN} 05BA 1700 0.00 2.00 $9,033 $8,516 $9,281 No John S.Billings,Trustee ^1 1140 Jackson Road Ashland,OR 97520 2 :y 05BA 1802 136.34 1.00 $6,673 $6,291 $6,856 Yes KendaWMarylyn Clarke i 445 Schofield Street 7 Ashlana,OR 97520 3 s: 05BA 1803 92.81 1.00 $5,984 $5,642 $6,149 Yea `t Vance/ThereseLittleton 465 Schofield Street Ashland,OR 97520 d: 05BA 2000 294.50 4.00 $22,723 $21,423 $23,349 No Brian/Mary Dutton 141 Northwest C Street =1 Grants Pass,OR 97526 5 05BA 2100 156.78 1.00 $6,996 $6,596 $7,188. Ye's s >: Douglas/Traci Kraft 925 North Main Street Ashland,OR 97520 07 05BA 2101 66.00 1.00 $5,560 $5,242 $5,713 Yes Ken/Kay Anderson P.O.Boa 691 Ashland,OR 97520 2 05BD 100 20.00 1.00 $4,833 $4,556 S4,966 Yea ,' Ed Pentkowski,Trustee 436 Monte Vista Drive iz Ashland,OR 97520 Pr$ y 05BD 102 0.00 1.00 $4;516 $4,258 S4,641 Yep , Ed Pentkowski,Trustee 436 Monte Vista Drive ` Ashland,OR 97520 F 05BD 201 0.00 1.00 $4,516 $4,258 $4,641 Yes Margaret Mann 434 Monte Vista Drive Ashland,OR 97520 It7 r 05BD 203 136.00 1.00 $6,667 $6,286 $6,851 Yes Alan/Prances Adleman 100 Schofield Street Ashland,OR 97520 ll-'; 05BD 300 147.80 1.00 $6,854 $6,462 $7,042 Yes Jay/L Ua Quimby 430 Monte Vista Drive Ashland,OR 97520 72 4 2.00 $13,420 $12,653 $13,790 Ys 05BD301 277. Arthur/DeniseGall P.O.Boa 624 ? Ashland,OR 97520 73: 05BD 304 209.93 1.00 $7,836 $7,388 $8,052 Yes . Arthur/Frances Brayfield 400 Monte Vista Drive Ashland,OR 97520 1 d ; OSBD 402 12.50 1.00 $4,714 $4,444 $4,844 Yes: Margaret Sandrock 445 Sheridan Street Ashland,OR 97520 .. .... ShendanlSchofield/Monte Vista Proposed L.LD :Compowtwn «ry e - _. m, mm No + Map& Tax j I'rorr[nge ^ Unit Cost Cost Cost Pie Pa Ing ; aUame&ilddress ." n qr n . n i. Lot: A 73 C AQizet tent : _ 05BD 403 105.00 1.00 $6,177 $5,824 $6,347 Yes Brian/BarbaraKimball 787 Palmetto ur Chico,CA 95926 /6;, 05BD 405 92.50 1.00 $5,979 $5,637 $6144 Yes William/Martha .<' Lawrence :a 425 Sheridan Street Ashland,OR 97520 47` 05BD 500 263.54 1.00 $8,684 $8,187 $8,923 Yes Richard Hendirckson 1 Dino Ct. Cotati,CA 94931 . 05BD 501 261.46 1.00 $8,651 $8,156 $8,889 Yes Pete/Christine Beleastro 447 Monte Vista Drive Ashland,OR 97520 05BD 600 54.00 2.00 $9,887 $9,321 $10,159 No Hargadine Cemetary City HaWFinance Dept. Ashland,OR 97520 05BD 701 221.75 2.00 $12,540 $11,822 $12,885 No Elenore Schofield 465 Tucker Street Ashland,OR 97520 ,F 3! 05BD 702 92.00 0.33 $2,960 $2,791 $3,042 Yes Norma Byers 400 Sheridan Street " Ashland,OR 97520 22 s 05BD 703 92.00 0.33 $2,960 $2,791 $3,042 :Yes Georgel0kyang Knight 410 Sheridan Street Ashland,OR 97520 Z " 05BD 704 93.48 0.33 $2,984 $2,813 $3,066 'Yes Paul/Anne Westerman 420 Sheridan Street Ashland,OR 97520 4 a 05BD 2300 40.00 18.0 $57,461 $67,792 $52,486 Yes Pauline SulBvan 525 Sheridan Street Ashland,OR 97520 05BD 2205 30.00 2.00 $9,507 $8,963 $9,769 No VaUFracis Dutson 735 Prim Street Ashland,OR 97520 SUMMARY Number of properties encumbered by agreements 20 out of 25 80.0% Number of"units"encumbered by agreements 18 out of 30(w/o Sullivan) 60.0% 36 out of 48(w/Sullivan) 75.0% _ Lot frontage encumbered by agreements 2295.68' out of 2895.83' 79.3% - 1 i n � U I o ,o a3AOSO i < ` �2 m �P m r � I ® ®I N N N g N My W /Lo W n m M M�NtE - „ Z °m O �J W W � � 0 U N N 0 ® R N O ® E N N N N N e®,4W N N B ® O 2\ U � to. � 0 c 6 T one\ .o ® ® m I N I h I V I N 1 a0 1 n I CO . 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February 26, 1997 �ET• John McLaughlin, Greg Scoles Aram: James H. Olson °Y0 U '$abjPrt- Schofield/Sheridan/Monte Vista Proposed L.I.D. The revised data on the Schofield/Sheridan and Monte Vista Street Proposal LI.D. is attached. Following is a brief summary of the information and changes as suggested from the 2/24/97 ,neighborhood meeting. 1. Street improvement plan showing: a. Revised street width on Sheridan Street from 28'to 20'. b. Relocate the sidewalk on Sheridan Street to the north side of the street. C. Revised street width on Schofield Street from 28'to 20'. d. Revised typical sections to match plans. 2. Revised assessment district boundary map to include lot 391E 56D-2205. 3. Revised engineer's estimate to reflect decreased construction quantities. (Reduced by $7,140.00.) 4. Revised unit assessment rates shoMng a revised cost per foot of$82.00(from$86.00) and a cost per acre of $11,684 (from $12,751). 5. Revised computation of lot frontages and areas. With this information would your staff be able to compute some additional assessment options such as a potential unit basis, or other frontage and area combinations. If you need further information . please let me know. Please add the name of Douglas Kraft, 166 Hargadine Street,Ashland to your notification list (phone 482-7229). He is purchasing one of the lots in the district. City of Ashland Department of Public Works - Engineering Division Estimate for Sheridan/Schofield/Monte Vista Street Improvement Street: Sheridan/Schofield/Monte Vista Limits: All Estimate By: James H. Olson Date: December 9, 1996 (revised 2/25/97) GENERAL INFORMATION Length of Project: 1,850 Feet Width of Street: 20 Feet (4-foot Sidewalk on Sheridan & Schofield Street only) Pavement Design: 4.5" full depth A. ESTIMATED CONSTRUCTION COSTS Total Estimate $188,980.00 B. OTHER (list) Contingencies (5%) 9,449.00 C. TOTAL $ 198.429.00 D. ENGINEERING @ 20% $ 39,685.80 E. PROJECT TOTAL $ 238.114.80 F. TOTAL ASSESSABLE FRONT FOOTAGE 2,905.83 feet G. ASSESSABLE COST PER FRONT FOOT $81.94/Foot (Use $82.00/Foot) H. TOTAL ASSESSABLE AREA 20.380 Acre .I. ASSESSABLE COST PER ACRE $11,683.75/Acre (Use $11,684/Acre) CITY OF ASHLAND Department of Public Works - Engineering Division SHERIDAN/SCHOFIELD/MONTE VISTA IMPROVEMENT PROJECT ENGINEERS ESTIMATE Rev. 2/25/97 Item Item Amount Unit Amount No. Price 1 Site Work Lump $15,000.00 $15,000.00 Sum 2 Excavation 1200/CY $12.00/CY $14,400.00 3 Class 'B' AC 41h" Section 880/Ton $43.00/Ton $37,840.00 4 Watering 10-1,000 70/k Gal $700.00 Gal 5 Curb & Gutter 3,800/LF $9.00/LF $34,200.00 6 Concrete Sidewalk 4800/SF $3.50/SF $16,800.00 7 3/a" Minus Crushed Rock Base 400/CY $12.00/CY $4,800.00 8 D/W Aprons 410/SF $4.00/SF $1,640.00 9 Storm Drain Manhole 1/Ea $1,200/Ea $1,200.00 10 12" PVC S.D. 1,700/LF $28.00/LF $47,600.00 11 Curb Inlet (Pelican-DI) 9/Ea $800.00/Ea $7,200.00 12 Catch Basin 4/Ea $600.00/Ea $2,400.00 13 Adjust Water Valve Vault 0 11/Ea $300.00/Ea $3,300.00 FH's 14 Adjust SS C.O. 1/Ea $300.00/Ea $300.00 15 Adjust Sanitary Sewer Manhole 4/Ea $400.00/Ea $1,600.00 TOTAL $188,980.00 (Ongim Aidlsha vx.ai) • Percent signed in favor by frontage: 2.305.58 Feet 2,905.83 Feet 79.34% Percent signed in favor by area: 15.289 AC 20.380 AC 75.02% PRE-PAVING AGREEMENTS No. Instrument Name Tax Lots Encumbered No. 1. 85-00889 William C. Ligon 39-1E-5BD TL 300, 301 & 304 2. 89-03369 & Kenneth Anderson 39-1E-5BA 2100 & 2101 89-03370 3. 87-11777 Timothy Billings 39-1E-5BA TL 1802 & 1803 4. 87-07464 Ed Pentkowski 39-1E-5BD TL 100, 102, 201, 203, 300 5. 91-18259 Ray Rhamey 39-1E-5BD TL 500 & 501 91-18259 A 6. 92-29081 Robert Sullivan 39-1E-5BD TL 2300 & 2301 92-29082 7. 73-03730 Neil Mann 39-1E-5BD TL 702, 703 & 704 8. Unrecorded George Moore 39-1E-5BD TL 402, 403 & 405 SUMMARY Number of agreements 11 Number of lots encumbered 21 Number of lots in proposed district 25 Revised: 2/25/97 PAGE 2-(<:maii=rX1id%sn�v:o.Am) WE THE UNDERSIGNED PROPERTY OWNERS OF THE PROPOSED MONTE VISTA, SCHOFIELD, AND SHERIDAN STREET LOCAL IMPROVEMENT DISTRICT HEREBY REMONSTRATE AGAINST THE SAID L.I.D. 2. 3. 1C0 SCh4v-k'LQc-osk"+ 5. 6. 7. o. 8. 9. oo S sd lo. a 41�- 11. 14. 15. . 17. qI L 4U 144t�l 20. 21. s N 22. 23. 24. 25l/ ; 26. V\GLLiiY 4ny o. Dox 4,9/ 28. p/� G�F�c !I 92S ��1��, /-��//a d 30. 31. / // ( l- 'cam led /LIZ 32. WE THE UNDERSIGNED PROPERTY OWNERS OF THE PROPOSED MONTE VISTA, SCHOFIELD, AND SHERIDAN STREET LOCAL IMPROVEMENT DISTRICT HEREBY REMONSTRATE AGAINST THE SAID L.I.D. 35�i� s�U �a3 To: Members of the Ashland City Council July 15, 1997 Re: Sheridan/Monte Vista/Schofield L.I.D. hearing My name is Paul Westerman. I live at 420 Sheridan Street, Ashland. My property is parcel number 704 in the map of this proposed L.I.D. It is one of three houses located on the uphill side of Sheridan Street, with driveway access to Walnut Street., Due to the steep grade, none of these three houses has direct access to Sheridan Street. The Sullivan subdivision at the upper end of Sheridan Street was initially designed as a cul-de-sac, with Sheridan Street its only access. The Planning Commission obligated the Sullivan project to pay for a `half-street' (20 feet wide asphalt, curb and gutter one side only) for Sheridan Street only, between Walnut and the Sullivan property line; or to participate in a L.I.D. if the council formed one. The final design of the Sullivan project was changed to include a through-street connecting Sheridan and Schofield Streets. The Director of Community Development, Mr. John McLaughlin, decided this was an excellent time to pursue the city strategy of paving every street in town - as he says he had been directed by you, the City Council. The street project then took on a life of its own, more than tripling to its present three-street scope (Sheridan, Monte Vista and Schofield) complete with curbs, gutters, and occasional sidewalks connecting nothing. The Sullivan contribution to this greatly enlarged paving and sidewalk project was left at the dollar value of the original one-half Sheridan Street level. Mr. McLaughlin, in his proposals, has allocated this contribution across the entire three-street project, not just to Sheridan Street as originally set forth in the Planning Department approval. Mr. McLaughlin conducted many meetings with we 'benefited' property owners, and to his credit, was able to take into account some of our concerns. He devised a formula which addresses frontage, property area, street use, and even potential later property division. He also took a lot of political heat along the way. But, he constantly reminded us that there were issues beyond his control and that we would have to address them to the Council. Tonight we begin that process. The neighborhood has had many meetings and discussions trying to come to some resolution of this problem. The 'distillation' of the discussions to date indicate: 1. The Sheridan folks seems to be resigned to the fact that Sheridan will be paved in order for the Sullivan subdivision to go forward. 2. Residents of Monte Vista and Schofield Streets for a variety of valid reasons don't want to have those two streets paved as proposed. 3. From the `city' side of the equation, the city wants all three streets paved, with curbs, gutters, and occasional isolated sidewalks. 4. From Mr. Sullivan's perspective, he doesn't want to pay for any more paving than necessary to get his project underway. Lots of discussion was had by the neighbors about having Bob Sullivan kick in more bucks ... it's probably as easy for us to spend Bob's money as it is for the City Council to spend ours.... But, the reality is that this paving project is much larger than initially anticipated, due solely to the nature of the design of the Sullivan subdivision. One option I would urge you to consider is: • Pave Sheridan Street now, with the Sullivan project paying for the half-street as Planning required. Sheridan Street residents pay the balance in proportion to Mr. McLaughlin's formula. This would allow the Sullivan project to start now. • Wait until later to consider alternatives for the Monte Vista and Schofield Streets. Require the Sullivan subdivision to participate financially in this later.process if construction expenses are eventually incurred. Neither Mr. Sullivan nor the Monte Vista/Schofield folk would have any immediate cash outlay for those two streets. We genuinely want to work this thing through. I would request that you, the City Council, give Mr. McLaughlin some latitude and direction in working with our neighborhood to achieve a mutually acceptable outcome. July 15, 1997 Presentation to Ashlan&City Council on proposed LID for Sheridan, Schofield, Monte Vista My name is E. Kendall Clarke. I live at 445 Schofield Street in Ashland with my wife Marylyn Clarke. We have owned this property for the last nine years. I am a retired United States Administrative Law Judge, and have been a member of the Oregon State Bar since 1956. Tonight you have heard or will hear from several individuals who are property owners in the proposed LID on Schofield, Monte Vista, and Sheridan as to why they and others for whom they speak are not in favor of paving the streets and why they believe the paving will not benefit their properties. They believe that the only one to benefit will be Sullivan or his development corporation, by providing access to his subdivision. Yet under the Ashhland Planning Department's proposed scheme of distribution of financial responsibility Sullivan is to be required to pay only a small amount of the total, about $57,000 ($67,000 by option B) of the $238,000 estimated cost of the LID. This is less than 25% or about $3,166 per lot for the eighteen lots in the subdivision. The $57,000 figure came from the Planning Commission approval of the subdivision as the minimum required of Sullivan to provide access, and was the estimated cost of paving one half of Sheridan Street. One of the unspoken problems of the Sullivan tract is that its physical orientation is such that most all storm drainage as well as sewage must come down Schofield Street. It seems to some of us that this may be the motivating force behind the planning staff's requirement of opening Schofield through to the subdivision. The storm drainage on Schofield has always been adequate. In fact when flooding occurs on North Main and Sheridan, traffic is routed up Schofield and around the flooded area. So a storm drain clearly only benefits the subdivision and yet the subdivision is not bearing any of this expense. The individual assessments proposed for the Schofield, Monte Vista, Sheridan home owners generally run from $7,000 to $13,000 (maximum $23,000, minimum $ 3,000) The Sullivan lots are each only assessed about $3166 and yet they are the ones that will benefit from the LID. We believe that each Sullivan lot should be assessed $6,500, double what Sullivan is now expected to pay by any of the plans submitted to this Council. Such an adjusted assessment would bring the Sullivan contribution to $117,000 or nearly half of the present estimated cost of the LID. Of course this amount should be adjusted in the event the total estimated costs increase. I must say this view is not shared by all residents of the proposed LID, indeed some believe that the Sullivan enterprise should bear the entire cost because they perceive no benefit to the area from the paving. An examination of the "Chronological List of Street Improvements Funded Through L.I.D. 1985-1995' furnished by the Planning Department, seems to show that this LID under consideration is the most expensive everunder taken. Something must be done to ease the burden these ever expanding road requirements have on the citizen home owners. Either reduce the standards, particularly in the rural areas of the City or contribute to the cost from the City Transportation Fund. Failure to reduce these LID costs will cause extreme hardship to some families living within this LID. r� ' Proposed LID for Sheridan , Schofield , Monte Vista , 7/15/97 Austin Brayfield , 400 Monte Vista Drive , Ashland I would like to make the following comments for the record . In attempting to clarify my own thinking about this LID proposal , I consulted two highly qualified sources about paving as it relates to runoff . First , was Eric Dittmer , well-respected Professor of Geology at SOU. He told me that paving increases runoff 50 per cent . The second source of whom I made inquiries is one of the nation ' s foremost environmental biologists , Distinguished Professor John Cairns , Jr . of Virginia Tech . I have provided you with a summarized statement of his qualifications . His comments to me were as follows : As the percentage of impervious surface increases , the runoff increases disproportionately . There are well-known formulas for this . If runoff is forced into stormdrains and not allowed to be absorbed along the way , the amplitude of the crest of this runoff increases , resulting in : greater liklihood of flooding; greater erosion of stream banks ; increased silting; and • increased suspended particles in streams . This information , at a minimum, opens for serious debate whether we are helping or hindering our streambeds by paving . Each paving decision may seem harmless and acceptable in isolation, but in the aggregate they are disturbing . Another issue related to paving about which the city is concerned is dust . There are effective and safe dust abatement alternatives to paving , one of which is currently being used on some private driveways in Ashland ; on residential roads throughout the county including some very near our own neighborhood; and on BLM and U. S . Forest Service roads . We got a cost estimate for our streets , and we could have our streets graded and treated annually for 80 years for the price the city proposes to assess us to pave . If the city were to assume the responsibility of grading , as it does now, we could get our streets treated annually for 133 years for the cost of paving . It , thus , should not sur- prise you that we are interested in exploring paving alternatives with the city . 1 1 Now, to personal specifics . Although the larger portion of our .4 acre fronts on Schofield , our residence fronts and accesses Monte Vista . We , therefore , and I speak for the other Monte Vista residents , have a special interest that , above all , Monte Vista should not be paved . It is primarily a rural residential street and will not measureably contribute to traffic flow emanating from the Sullivan development which will have other direct access to North Main . Overall , our choice is not to pave at all . Our wealth is measured by our quality environment ; and for us , that does not include pavement that increases runoff and is blistering hot in summer ; that does not include curbs and gutters that prevent rainfall reaching our trees ; nor does it include sidewalks that go to nowhere . 1 l John Cairns , Jr . Cairns is a University Distinguished Professor of environmental biology at Virginia Tech . He is a member of the National Academy of Sciences; a Fellov in both the American Academy of Arts and Sciences and the American Association for the Advancement of Science . Among his numerous honors are the Superior Achievement Award from the U. S . Environmental Protection Agency , the United Nations Environmental Programme Medal , and the U. S . Presidential Commendation for Environmental Activities . He has written numerous books and publications as well as served on many national committees and editorial boards . He has consulted on a variety of projects throughout the U. S . as well as in many foreign countries . His address is : Virginia Polytechnic Institute and State University Department of Biology Blacksburg , Virginia 24061-0406 Perhaps one of the most important reasons we don't want to pave has to do with trees. California Black Oaks and Oregon White Oaks, estimated to be between 50 and 100 years old, grow along Schofield. A noted environmental planner and a certified arborist inform us that many of these trees would suffer or die from the paving of Schofield as it is now proposed by the Planning Department. First off, it is believed that several of these trees would have to be removed if access into the sub-division is provided by extending Schofield. Next, widening that street and putting in curbs, gutters, and a sidewalk would require cutting into the root systems of several trees that are closest to the street. Others would probably die if asphalt is poured within their dripline, deflecting rainfall into extensive gutters. These trees deserve to live. They have been here longer than any of us. They provide privacy, shade, and a sound buffer for the car traffic which will be increased with the development; their roots minimize soil erosion; they produce oxygen; they are beautiful; and they add monetary value to our property. To us, there is no contest as to which is more beneficial - the vene- rable oaks or the pavement. Comments by Denise Gall 460 Schofield Street Ashland, OR 97520 541/482-2521 Work 541/482-9375 Home July 15, 1997 To Mayor Golden and Members of the Ashland City Council: My name is Vance Littleton. My family and I reside at 465 Schofield St. I have been asked by our neighbors to summarize the major concerns we have and to present a request for your consideration. Please realize that my comments represent the strong majority of the residents in the area within the proposed LID. For well over a year, our neighborhood group has participated in preliminary discussions with the City related to the proposed development by Bob Sullivan. The first proposal Mr. Sullivan presented met what he understood was a City requirement: a paved access to the subdivision using Sheridan Street. This paving requirement, I belive, would have been regarded as a necessary concession to growth and an acceptable proposal to all of the residents. In subsequent discussions with the Planning Division and the Planning Commission, Mr . Sullivan was told that he would be required to have a second paved street access. This was identified as Schofield Street. This brought forth much concern from all of us. Finally, the Planning Commision, withour prior notice to residents, suggested that Monte Vista be paved as well. Needless to say, this final requirement was similar to throwing gasoline on an already raging fire. Throughout these developments, the City has attempted to communicate with residents through John McLaughlin, Director of Community Development. Mr. Mclaughlin met with us on several occasions, mainly, it appears, to explain that all three streets had to be paved. He also let us know that the streets would have to have sidewalks, curbs, gutters, and storm drains. Instead of an open discussion of these matters, which we were assured would occur, we were left with the impression that there would be no compromise on paving, sidewalks, gutters, or drains. The only discusison with any give-and-take revolved around costs, our share versus the developer's. We would hope that the City Council is sincere in its desire to communicate with and listen to property owners in prospective LID areas about more than how costs are to be apportioned. We are united in our desire to maintain our neighborhood's rural appearance. Consequently, we are requesting that Monte Vista and Schofield Streets not be paved. Let us maintain our rural environment, one of the primary reasons many of us purchased homes in the area. Many questions have been raised in our neighborhood meetings which still have not been answered, and a lot of hostility toward local decision-making has surfaced. For whatever it's worth, I think the process of using LIDS to fund street improvements is a sure-fire way to cause hostility between City officials and neighborhoods, a hostility that will long simmer in the hearts and minds of those affected. There ought to be a better way! If the City is unwilling to compromise on the paving of Monte Vista and Schofield Streets, then we urge you to at least grant a six month delay before taking any action on the LID. This would allow further discussions on many of the matters which you've heard about this evening: Our request for a delay is based upon: A. a belief that the developer should participate to a greater degree ad Mat the C'��r in the costs of the project than has been suggested thus far; /+e a B. the strong belief that sidewalks, curbs, and gutters should not be required; F�KO^e';"a nf C. a strong concern about the safety issues, particularly those ,h typ�ore;Paf ' associated with exiting onto North Main from Schofield; D. the desire to be able to review and have input into the development of the specific plans, particularly with regard to where the extension of Schofield will actually be and how existing large oak trees will be affected; and E. a desire to explore the possibility of funding the proposed project by the residents and the developer at a significant reduction in cost. We thank you sincerely for your time and consideration. L , Val and Joy Dutson 735 Prim Ashland, OR 97520' 7-10-97 Ashland City Council AUR=affa—n—Mid Dear Ms Reid: Our address is 735 Prim St. and we own Tax Lot 2205 on the part of Prim Street between Tucker and Sheridan that has not been developed. Evidently recent changes in city street grade requirements state that this portion of Prim St. is it too steep for development. We have been asked by John McLaughlin to join the Sheridan L.I.D. with the assumption that Prim Street will be abandoned by the city leaving us with direct access onto Sheridan Street. If Prim is vacated we have no objection to participating in the L.I.D. since that will void our existing contract with the city to develop Prim. If Prim is not abandoned by the city it clearly indicates the city intends to keep us on the hook to pay for future development. We will fight to avoid paying for the development of both streets since at this time we feel we are responsible for only Prim St. development. We are sure that property owners on Sheridan would be no more willing to help us develop Prim than we are to help them develop Sheridan. All of these L.I.D.'s are horrendously expensive, prohibitive actually. This family certainly could not afford to buy back into Ashland. We feel that we are responsible only for the development of Sheridan (if Prim St. is abandoned) and not Scofield and Monta Vista. Both are much more expensive to develop; none of our property fronts either street nor do we access them. We're in favor of a Sheridan LID, separate from Scofield and Monta Vista. Property owners chose to live on their respective streets and they must exfSect" to pay for them. It is their responsibility, not anyone elses. Also, please note that we own one tax lot, not two for which we are being assessed. We have not requested a subdivision. We are not opposed to the development by Bob Sullivan but we would like to see him contribute an equal dollar amount for each of his lots as the rest of us are for our lots. We certainly feel that he has a responsibility for the storm drains from his development down Scofield or other routings. To reduce costs, it does seem reasonable that the city involve themselves in 1!Pt19 L.Iff to,the point %contributing the city engineers time to engineering the ilk blved strpAibr after l.we citizens do pay their salaries. Are there not some sYrg$'ttnpro ent ful that could be accessed to help offset the cost of the proposed LID? In order to work out details on separating into private L.I.D.'s, costs of develop- ment and the private financing, we are requesting a six month delay. Sincerely, Val & Joy Dutson this L.I.D. to the point of contributing the city engineers time to engineering the involved streets; after all we citizens do pay their salaries. Are there not some street improvement funds that could be accessed to help offset the cost of the proposed LID? In order to work out details on separating into private L.I.D.'s, costs of develop- ment and the private financing, we are requesting a six month delay. 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Presentor: Joe Eckhardt, Ashland. I come before you to-nite, as a public citizen, to remind you�of the council and the Administrator, that those of you who were elected, and your appointed Administrator have a covenant with the people of Ashland: To faithfully represent the interests of the body politic of this city, First, and to the best of your abilities carrry out the wishes and interests of the people of Ashland in exercising your leadership and direction that this city takes, Second. That your third charge should be to accomplish these of purposes without monetary conflicts, personal personally,a nor interest that might benefit any of y advantage any builder, contractor, or private interest group in the carrying out of these duties. A covenat is : from Webster' s new Encyclopedic Dictionary: I : a solemn and binding agreement (voluntarily entered into by both parties ) known as a compact. I think in the light of several recent actions taken by your body: The recent LID formation, objected to by 24 of the 25 citizens included in the LID; The crass denial of access to employee statements about their actions or those of others in the flood of ' 97 ; and the intentional foot dragging of administration in compensating citizens for an illegal toxic spraying incident of citizen' s properties on Walnut street; might be construed as a breech in the covenant with the people of Ashland. I am not asking for an answer,or rationalization from any of you at this time: I raise the rhetorical Question for each of you to answer to yourselves . Thank you, for making this time available to me. ( reference: POLITICS FOR PEOPLE; Chapt. 9 The Organization of Citizen Politics: by David Mathews and the Charles Kettering Foundation, 1994 . ) . 1 MEMORANDUM ASHLAND POLICE DEPARTMENT July 10, 1997 To: Honorable Mayor and City Council From: Melvin N. Clements, Acting Chief Subj: Chronic Nuisance Property Ordinance 1 would encourage the removal of the "sunset clause" from the Chronic Nuisance Property Ordinance and the continuance of that ordinance. The ordinance has proven itself to be a very effective tool for the police department in restoring and maintaining harmony in residential neighborhoods. Since the adoption of the Chronic Nuisance Property Ordinance a dramatic decrease has been seen in the existence of so-called continuing "party houses" in Ashland. Presented to the council last year as examples of the number of complaints received at identified problem areas were: 486 Catalina Street - 21 complaints (1994-96) 496 Catalina Street - 23 complaints (1994-96) 497 Catalina Street - 9 complaints (1994-96) 595 Fordyce Street - 20 complaints (1994-95) 585 Taylor Street - 23 complaints (1996) After the adoption of the chronic nuisance ordinance those complaints have been reduced to: 486 Catalina Street - 0 complaints 496 Catalina Street - 1 complaint 497 Catalina Street - 0 complaints 595 Fordyce Street - 0 complaints 585 Taylor Street - 0 complaints Since the ordinance went into effect, the department has sent out 24 warning letters to various locations. We have been working closely with property owners, property managers and tenants helping them become responsible neighbors. In a few instances, property owners/managers have evicted tenants when no other means proved effective in dealing with the repeated violators. The relationship and cooperation of the property owners/managers has been very positive towards us with regards to this ordinance. FOR INFORMATION ONLY. FIRST READING TO BE HELD ON AUGUST 5, 1997. ORDINANCE NO. AN ORDINANCE REPEALING THE SUNSET CLAUSE FOR THE CHRONIC NUISANCE (PARTY HOUSE) ORDINANCE ANNOTATED TO SHOW DELETIONS AND ADDITIONS. DELETIONS ARE LINED THROUGH AND ADDITIONS ARE F , P THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 9.18.090 of the Ashland Municipal Code is repealed. 9.18.090 Repeal of QhaiqteE. :Fh4s ehapt% will expire one yeaF fF9FA ftS effective date. The foregoing ordinance was first READ 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 PAGE 1-ANNOTATED ORDINANCE MEMORANDUM ASHLAND POLICE DEPARTMENT July 10, 1997 To: Honorable Mayor and City Council From: Melvin N. Clements, Acting Chief Subj: Modification of Skateboard Ordinance At the direction of the city council on June 17, 1997, a committee was convened to make recommendations modifying the city skateboard ordinance. This committee was composed of persons representing parents, skateboarders, city staff, the bicycle and traffic safety commissions and school district. Issues of safety and enforcement were primary concerns of the committee. Many of the proposed modifications were obtained from existing ordinances already in place in other jurisdictions. Enlarging the skateboard ban area in the downtown district will provide a safer environment for pedestrians. In those areas where skateboarding is allowed, the committee felt strongly that protective headgear should be worn by all persons on skateboards or similar devices. While not a view shared by all, the committee did work with the belief that skateboards are "a viable means of transportation" for the young and not just a sports device. With this in mind, the rules and regulations proposed in this ordinance require the skateboarder (which includes roller bladders, in-line skaters, etc.) to obey all applicable laws relating to bicycles and pedestrians. Issues have arisen concerning "educating" skateboarders. While these issues were not addressed directly by the committee, the manager of Lowdown (a local business based on skateboard related items) agreed to post the ordinance in their building. The possible publication of a pamphlet for distribution and education through the local schools should assist in making each person aware of the law. Lastly, concern has been raised about increased numbers of skateboarders in the streets, interfering with traffic or creating excessive noise which would disrupt the peace and harmony of the residential neighborhoods. Already in place are ordinances and laws (i.e. disorderly conduct, unnecessary noise) which could deal effectively with these concerns. V .:: .moo=, \y INK �NM NN NNS MON IMMMM \\ \ gg IN INES NMI' CITY OF ASHLAND ••°"°° Administration ay ° MEMORANDUM ^.OaEGO�,,' + DATE: July 10, 1997 TO: Honorable Mayor Catherine M. Golden and City Council FROM: Brian L. Almquist, City Administr or RE: Transportation Utility Fee Increase The 1996-97 budget included a $50,000 appropriation for maintaining half-hour bus service in Ashland. With the failure of the RVTD levy in November of 1996, that amount was sufficient to support this service through June 30, 1997. The 1997-98 budget includes an appropriation of $100,000, which is the amount necessary to maintain this service through July 1, 1998. The budget also includes a recommended increase of $50,000 in the Transportation Utility Fees to fund the maintenance of half hour bus service in Ashland. It is interesting to note that had the RVTD levy passed in 1996, Ashland taxpayers would have paid over $200,000 in property taxes to maintain the half hour service, among other district program improvements. Ashland voters overwhelmingly supported the RVTD levy, but it was defeated on a district-wide basis. The Resolution increasing the fee effective August 1 is a 12.3% across the board increase which raises the necessary $50,000, and an automatic ENR inflation adjustment provided for in the Ordinance of 4.5%. This places the fee for a single family residence at $3.27 and multi-family at $2.49 per month. Other uses are proportionate based on the ITE Manual of trip generation data. ADDENDUM TO CITY OF ASHLAND RVTD/ASHLAND FARE REDUCTION PROGRAM AGREEMENT Addendum made July 1, 1996, between Rogue Valley Transportation District (RVTD) and the City of Ashland (City). Recitals: A. On July 1, 1995, City and RVTD entered into a "RVTD/ASHLAND FARE REDUCTION PROGRAM AGREEMENT' (further referred to in this addendum as "the agreement"). B. The parties desire to amend the agreement to extend its term. City and RVTD agree to amend the agreement in the following manner: 1. Paragraph 1.1 of the agreement is amended to read: 'The program will begin on July 1, 1996, and will be completed effective June 30, 1997. 2. Paragraph 2 of the agreement is amended to read: "Consideration. The City will pay to RVTD the sum of $50,000, as its contribution to the program, which sum shall be paid as follows: 2.1. $12,500 on the execution of this addendum by City. 2.2. $12,500 on October 1, 1996. 2.3. $12,500 on January 1, 1997. 2.4. $12,500 on April 1, 1997. 3. Except as modified above the terms of the agreement shall remain in full force and effect. ROGUE VALLEY TRANSIT DISTRICT CITY OF ASHLAND BY BY Its City Administrator BY REVIEWED AS TO CONTENT: Its BY Department Head Date Coding (for city use only) PAGE 1-ADDENDUM (p:gmewm-q6.&" RESOLUTION NO. 97-_ A RESOLUTION ADOPTING A TRANSPORTATION UTILITY RATE SCHEDULE PURSUANT TO SECTION 4.26.020 OF THE ASHLAND MUNICIPAL CODE AND REPEALING RESOLUTION NO. 97-08. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The "Transportation Utility Rate Schedule," marked "Exhibit A" and attached to this Resolution, is adopted as the transportation user fees. SECTION 2. The rates adopted on "Exhibit A" shall be increased annually on July 1st, based on the Engineering News Record Construction Cost Index (ENR). The initial ENR is established at 5860. The rate increases adopted by this resolution are to be used for the Enhanced Bus service program. The City Administrator will provide the City Council with a review of the rate structure by July 1, 2001. SECTION 3. Three copies of this Resolution and "Exhibit A" shall be maintained in the office of the City Recorder and shall be available for public inspection during regular business hours. SECTION 4. The rates adopted pursuant to this Resolution shall be effective on August 1, 1997. f SECTION 5. Resolution 97-08 is repealed on the effective date of this Resolution. SECTION 6 The fees imposed by this Resolution are classified as not subject to the limits of Section llb of Article XI of the Oregon Constitution (Ballot Measure No. 5). This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this _ day of , 1997. Barbara Christensen, City Recorder SIGNED and APPROVED this _ day of , 1997. Catherine M. Golden, Mayor Rev' wed as ttoo fort: /v � Paul Nolte, City Attorney EXHIBIT "A" CITY OF ASHLAND TRANSPORTATION UTILITY FEES WITHIN THE CITY LIMITS RESOLUTION NO. 97- EFFECTIVE DATE August 1, 1997 ENR @ 5860.00 ANNOTATED TO SHOW CHANGES. AND ADDITIONS ARE sHn�lyd,. Effective Effective 4-01-97 8-01-97 Unit 1 . TRANSPORTATION FEE Z $..... ION LiOR I(3RI A. Single Family 2 .48 3,2`3; /month B. Multiple Family 4= 90 2 4Y /month C. Retail Store 9.33 0 45 /100 sf D. Wholesale Use G.29 /100 sf E. Office Use /100 sf F. Medical/Dental Use 0 . 30 /100/100 sf G. Service Use 0 . 30 #} 40i /100 sf H. Restaurant/Bar Use 0 . 86 1 27 /100 sf I . Manufacturing Use 9 . 26 f1;! /100 sf J. Warehousing Use 9 fJ 15s /100 sf K. Hotel/Motel Use 9:-88 _ i7 /room L. Institutional and G-88 1,..33: /room other accounts not classified above NOTE : Users within the Downtown Overlay District shall be charged on the same basis as elsewhere within the City,. The minimum fee for any commercial account is: x .48 ....3-2 ................ A. Single fflenth B. Multiple Fan4l:y 0 . 22 01.-I �ffi-nt h— G. Retail Store 0 E). Whelmesale Use B. Gffiee Use 0 . 02 J13:E)e sf- P. Medi:eal,/Bental Use H. Restaurant/Bar—Use 8 . .9 — /; AA gf— i . Manufaeturing Use 9 . 02 qa-1; E)E) af j. Warehausing Use A . A4 0, 13 go 2-f- elassified above w..... k'03�A6T3 N:\ACCTG\RATFMTRANS.PRN O OY[OOY f,,r CITY OF ASHLAND �f '�y `° Office of the City Attorney (541) 488-5350 20 East Main, Ashland, OR 97520 (541) 488-5311 - Fax + nCit Paul Nolte,CITY Adomq Sheds P.Stephan,Leal Aulatant July 11, 1997 To: Mayor and City Council From:Paul Nolte, City Attorney Re: Explanatory Statement for Youth Activity Levy A county voters' pamphlet will be published for the election to be conducted in September 1997 (when the youth activities levy vote will occur). Under ORS 251.345, the city council is to submit "an impartial, simple and understandable statement explaining the measure and its effect" for the voters' pamphlet. The following statement has been drafted for your consideration and adoption with the above standard in mind: EXPLANATORY STATEMENT This measure will raise money from property taxes for the Ashland Park and Recreation Commission to conduct activities for young people in and around Ashland. The bulk of the money will be paid to the Ashland School District to conduct activities traditionally carried on by the school district for students. These funds will be paid to the district under a contract with the park commission to provide for programs and activities connected with the elementary, middle and high schools. The programs include athletics; various clubs such as drama, vocational, second language, marketing and business; musical performances such as band, choir, orchestra and children's strings and other activities such as the brain bowl, debate, student yearbook and student newspaper. The levy also includes a portion for community activities for adults and non-school age children. Community activities will be conducted by the Park and Recreation Commission. Most of the money raised by this measure is intended to continue programs of the school district which would have been eliminated or reduced because of Ballot Measure Five adopted in 1990. Measure Five amended the state constitution to limit the amount of property taxes that can be spent for education. Because of the ballot measure limitations, none of the money raised by this measure will be for educational services or for courses of study required by taw or by the rules of the State Board of Education. The programs and activities conducted by the school district will primarily be conducted outside of regular school hours and many of them will be conducted off school grounds. (P;ordXscheol.e•Pl E-Mail Addresses: paul@ashland.ar.us shadene�echlmd.w.us ,f RESOLUTION NO. 97- A RESOLUTION CALLING A SPECIAL ELECTION ON SEPTEMBER 16, 1997, IN THE CITY OF ASHLAND FOR THE PURPOSES OF SUBMITTING TO THE VOTERS OF THE CITY A MEASURE FOR A THREE-YEAR SERIAL UNIFORM AMOUNT LEVY TO PROVIDE FUNDS FOR THE OPERATION OF YOUTH ACTIVITY PROGRAMS. BE IT RESOLVED BY THE CITY OF ASHLAND AS FOLLOWS: SECTION 1. A special election is called to be held in the City of Ashland, Oregon, on September 16, 1997, at which election there shall be referred to the voters for their adoption or rejection the following proposed measure: CAPTION: ASHLAND YOUTH ACTIVITIES THREE-YEAR SERIAL LEVY. QUESTION: Shall City levy $1,100,000 per year for three years outside the tax base for operations beginning in 1997-98? This measure may cause property taxes to increase more than three percent. The proposed tax is to be imposed for three years. SUMMARY: This measure may be passed only at an election with at least a 50 percent voter turnout. This measure authorizes the City of Ashland to levy a maximum of $1,100,000 per year for three years. The total to be raised over three years is a maximum of $3,300,000. The measure will provide funds to continue several programs for Ashland School District students, grades kindergarten through twelfth, which may be eliminated or reduced because of insufficient funding by the state legislature. Various programs will be funded at the elementary, middle and high school levels including athletics, brain bowl, debate, drama club, student yearbook and newspaper, musical performances including band, choir, orchestra and children's strings, and second-language, vocational, marketing and business clubs. The levy also includes a small portion for community activities conducted by the Ashland Park and Recreation Commission. Student programs will be conducted by the Ashland School District by agreement with the Park and Recreation Commission. SECTION 2. The city recorder is requested and directed to give due notice of such special election as provided by law. SECTION 3. The City Recorder shall cause to be delivered to the Elections Officer of Jackson County, Oregon, the attached Notice of Bond Election, not later than 61 days prior to the election. The Election Officer is requested to give the electorate of the City notice that the election shall be conducted by mail pursuant to Oregon law; and SECTION 4. Article XI, Section 11 and 11a and other sections of the Oregon — Constitution were enacted by the citizens of Oregon on May 20, 1997 in Ballot PAGE 1-RESOLUTION WordXschco197.bd1 Measure 50 ("Measure 50"). Measure 50 imposed requirements on elections which authorize taxes to be levied outside constitutional limits. Administrative rules or election procedures may be developed to implement the requirements of Measure 50, and it is desirable to authorize City staff to modify the ballot text contained in the attached Notice of Bond Election to comply with those rules and procedures. The City Attorney is authorized to after the text of the ballot to comply with any rules, procedures or practices of the Elections Officer of Jackson County to implement the requirements of Measure 50. This resolution was read by title only in accordance with Ashland Municipal Code § 2.04.090 and duly PASSED and ADOPTED 1997. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 1997. Catherine M. Golden, Mayor Reviewed as to form:: Paul Nolte, City Attorney PAGE 2-RESOLUTION (P:wdWchoo197.ba0 ORDINANCE NO. AN ORDINANCE ADDING CHAPTER 11.54 TO THE ASHLAND MUNICIPAL CODE REGULATING THE USE OF SKATEBOARDS WITHIN THE CITY OF ASHLAND AND REPEALING SECTION 11.16.130 OF THE ASHLAND MUNICIPAL CODE. ANNOTATED TO SHOW DELETIONS AND ADDITIONS. DELETIONS ARE L4NEB-TdR01444 AND ADDITIONS ARE .PM' E . THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The following chapter 11.54 is added to the Ashland Municipal Code: Chapter 11.54 SKATEBOARDS Sections: 11.54.010 Definitions 11.54.020 Areas Permitted; Areas Prohibited 11.54.030 Skateboard Regulations 11.54.040 Penalties 11.54.050 Enhanced Penalties in Downtown Area 11.54.010 Definitions. The following words and phrases, when used in this Chapter, shall, for the purpose of this Chapter have the following meanings: A. 012erating is the act of having one or more feet on the board of a skateboard or other portion designed for a foot to propel the skateboard. B. Biding is the act of propelling a skateboard by means other than carrying it. C. Skateboard - includes roller skates, in-line roller skates, blades, scooters, coasters, roller skis or any similar device. 11.54.020 Areas Permitted: Areas Prohibited. A. Where Riding Permitted. Riding or operating a skateboard is permitted in the following areas: 1. 25 Mph Streets. Streets where the designated speed for vehicles is 25 miles per hour or less. 2. Private Property Where Consent. Private property where the owner or person in charge has consented. PAGE 1-ANNOTATED ORDINANCE (p:eka[ebd.wo) 3. Areas Defined Within City Parks. In city parks, or a designated area within a city park, specifically approved by the Ashland Park Commission for skateboard use. 4. Sidewalks. On city sidewalks unless otherwise prohibited by this ordinance. B. Where Riding Prohibited. No person shall ride or operate a skateboard in the following areas: 1. Streets or Sidewalks in the Downtown Area. Sidewalks or streets in the downtown area described in this subsection as delineated on the attached map marked Exhibit A. The downtown area is described as that area included within and inclusive of the following described boundaries: a. The north boundary shall be Lithia Way including sidewalks on both sides to the intersections of Water Street and Fourth Street; b. The west boundary shall be Water Street from the Uthia Way overpass to North Main Street then North Main Street to its intersections with Church Street and Winburn Way including sidewalks on both sides of these streets, then Winburn Way and its sidewalks through Uthia Park. c. The south boundary shall be the northern sidewalk of Hargadine Street to the intersections of Pioneer Street and Gresham Street and shall include the western sidewalk of Pioneer Street north from its intersection with Hargadine Street. d. The east boundary shall be Third Street including the sidewalks on both sides to the intersections of Lithia Way and Hargadine Street. 2. Cily Parks. Within any city park including streets within the boundaries of a park unless the park, or a designated area within a park, has been specifically approved by the Ashland Park Commission for skateboard use. 3. Certain Streets. On any street where the designated speed is greater than 25 miles per hour. 4. Private Property Unless Consent. On private property. It is an affirmative defense to a prosecution on any charge under this subsection that the property owner or person in charge of the property consented to such use of the property. 5. Other Property Which is Posted. On any other public or private property where signs on the property indicate that skateboard use is prohibited. 11.54.030 Skateboard Regulations. The following regulations apply to the operation of a skateboard on a public street, sidewalk or public property: PAGE 2-ANNOTATED ORDINANCE (o:sketebd.wo) A. Protective Headgear. Any person operating a skateboard shall wear protective headgear of a type approved under ORS 815.052 for bicycle helmets. B. Yield Right-of-Way. Any person operating a skateboard shall yield the right- of-way to any vehicle, bicycle or pedestrian including yielding the right of way to any vehicle when approaching or crossing a driveway. C. Standing Position. A skateboard shall be operated in a standing position unless operated in conformance with rules established by the Ashland Park Commission within a city park designated for skateboard use under section 11.54.020. D. Operating on Right-hand Side. While on a street, a person shall ride a skateboard as close as practicable to the right-hand curb or edge of the roadway. E. Single File. No person shall ride a skateboard on any street along side another person riding a skateboard, bicycle or vehicle unless overtaking and passing such skateboard, bicycle or vehicle. F. Equipment. No skateboard shall be operated on any public street or sidewalk between 30 minutes after sunset and 30 minutes before sunrise unless the skateboard or rider is equipped with lighting equipment that meets the following requirements: 1. The lighting equipment must show a white light visible from a distance of at least 500 feet to the front of the skateboard. 2. The lighting equipment must have a red reflector or lighting device or material of such size or characteristic and so mounted as to be visible from all distances up to 600 feet to the rear when directly in front of lawful lower beams of headlights on a motor vehicle. G. Traffic Control Devices. Any person operating a skateboard shall obey the instructions of official traffic control signals, signs and other control devices applicable to vehicles. H. Traffic Regulations. The operation of a skateboard on a street shall be subject to all of the provisions or laws of the State and the laws of the City, including those applicable to the drivers of motor vehicles, except as to the latter, those provisions that by their very nature have no application. I. Operation on Sidewalks. No person shall operate a skateboard on a sidewalk: 1. So as to suddenly leave a curb or other place of safety and move into the path of a vehicle that is so close as to constitute an immediate hazard. PAGE 3-ANNOTATED ORDINANCE (P:eket.M...) 2. Without giving an audible warning before overtaking and passing a pedestrian. 3. At a speed greater than an ordinary walk when approaching or entering a crosswalk, approaching or crossing a driveway or crossing a curb cut or pedestrian ramp and a motor vehicle is approaching the crosswalk, driveway, curb cut or pedestrian ramp. This paragraph does not require reduced speeds for skateboards either: a. At places on sidewalks or other pedestrian ways other than places where the path for pedestrians or bicycle traffic approaches or crosses that for motor vehicle traffic; or b. When motor vehicles are not present. Except as otherwise specifically provided in this chapter, an operator of a skateboard on a sidewalk or in a crosswalk has the same rights and duties as a pedestrian on a sidewalk or in a crosswalk. J. Racing. No person shall engage in, or cause others to engage in, a skateboard race upon the streets, sidewalks or any other public property. Provided, however, that it shall not be a violation of this subsection if racing occurs in conformance with rules established by the Ashland Park Commission within a city park designated for skateboard use under section 11.54.020. K. Hitching on Vehicles. No person while operating a skateboard shall in any way attach themselves or the skateboard to any moving motor vehicle. L. Careless Riding. No person shall ride a skateboard in a careless manner. Riding in a careless manner means the person rides a skateboard in a manner that endangers or would be likely to endanger any person or property. 11.54.040 Penalties. Except as provided in section 11.54.050: A. Any person who violates any of the provisions of this chapter is, upon conviction, punishable as prescribed in Section 1.08.020. B. Upon conviction, the court may, in addition to any other penalty, order that the skateboard that was used at the time of the offense be impounded until such time as may appear just and reasonable. 11.54.050 Enhanced Penalties in Downtown Area. Any person who violates any of the provisions of this chapter in the downtown area defined in section 11.52.020.13.1 is, upon conviction, punishable as follows: A. First offense. Upon the first conviction for a violation under this chapter, the person shall be punished by a fine of $50.00 (to include all costs and assessments). PAGE 4-ANNOTATED ORDINANCE (,:ekaeana.wo) This fine shall not be suspended or deferred, but the court may authorize community service in lieu of all or part of this fine. B. Second offense. Every person who is convicted of a violation of this chapter for a second time within a five-year period shall be punished by a fine not less than $100 nor more than $500. One hundred dollars of the fine shall not be suspended or deferred, but the court may authorize community service in lieu of all or part of this fine. In addition, the court may order forfeiture of a skateboard which was ridden in violation of this chapter, unless it is proven to the court by a preponderance of the evidence that the defendant is not the owner of the skateboard and the owner did not or could not have reasonably known that the skateboard would be ridden in violation of this chapter. C. Third or subsequent offense. Every person who violates this chapter a third or more times within a five-year period shall be guilty of a misdemeanor, punishable by a fine of not less than two hundred dollars nor more than one thousand dollars, and by imprisonment in jail not to exceed ninety days. Two hundred dollars of the fine shall not be suspended or deferred, but the court may authorize community service in lieu of all or part of the fine. Upon conviction of a third or subsequent violation of this chapter within a five-year period, the court may order forfeiture of a skateboard which was ridden in violation this chapter, unless it is proven to the court by a preponderance of the evidence that the defendant is not the owner of the skateboard and the owner did not or could not have reasonably known that the skateboard would be ridden in violation of this chapter. SECTION 2. Section of the Ashland Municipal Code is repealed. PAGE 5-ANNOTATED ORDINANCE (p:ek�t bd...) to the Angus BewFneF TheateF. (E)Fd. 1922, 19:77; OFd. 2464, 1988) The foregoing ordinance was first READ 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 A�� as to ff rq m: Paul Nolte,CCity�A�ttorney I PAGE 6-ANNOTATED ORDINANCE �P:sk�ena.�oi y`7��yy ► ,iii■� ► . , � '►fir ., ;� ,\ � o \�oo"`.i min RORR ` a\\\\\\\\ ,\\\: J m RN MW g Rom sp \\ ice`•; �r • � � . NIN