HomeMy WebLinkAbout1997-1021 Council Mtg PACKET Important: Any citizen attending council meetings may speak on any item on the
agenda, unless it is the subject of a public hearing which has been closed. If you
wish to speak, please fill out the Speaker Request form located near the
entrance to the Council Chambers. The chair will recognize you and inform you
as to the amount of time allotted to you. The time granted will be dependent to
some extent on the nature of the item under discussion, the number of people who
wish to be heard, and the length of the agenda.
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
October 21, 1997
I. PLEDGE OF ALLEGIANCE 7:00 p.m., Civic Center Council Chambers.
II. ROLL CALL
III. APPROVAL OF MINUTES Regular meeting minutes of October 7, 1997.
"I
IV. SPECIAL PRESENTATIONS & AWARDS
1. Introduction and Presentation by Ashland Housing Commission.
Proclamation by Mayor of October 24, 1997 as "United Nations Day" in the
City of Ashland.
Proclamation by Mayor of week of October 23-31 as "1997 National Red
Ribbon Celebration Week" for the elimination of substance abuse.
4. Presentation of retirement certificate to Mike Biondi for 20 years of service.
5. Presentation of retirement certificate to Brian Almquist for 27 years of
service.
V. CONSENT AGENDA
1. Minutes of boards, commissions and committees.
2. Monthly Departmental Reports - September, 1997.
,2! Authorization for Mayor and City Recorder to sign quitclaim deed for 20
foot easement on Ashland Street.
4. Notice of joint study session for Historic Commission for Tuesday, October
28 from 7:00 - 9:00 p.m.
VI. PUBLIC FORUM Business from the audience not included on the agenda.
(Limited to 5 minutes per speaker and 15 minutes total.)___ ___
Council Meeting Pkt.
BARBARA CHRISTENSEN
CITY RECORDER
VII. NEW AND MISCELLANEOUS BUSINESS
1. Recommendation from the Ashland Historic Commission for moving of an
historic building from Almond Street to 7th and "B° Street.
2. Confirmation of Mayor's appointment of Greg Scoles as Interim City
Administrator effective November 1, 1997.
VIII. ORDINANCES RESOLUTIONS AND CONTRACTS
OAuthorization for Mayor and City Recorder to sign grant of easement and
lease agreement for joint-use elevator at the rear of Ashland City Hall.
Authorization for Mayor and City Recorder to sign Hazard Mitigation Grant
Program Contract.
Reading by title only of °A Resolution Authorizing an Interfund Loan to the
Community Development Block Grant Fund."
IX. OTHER BUSINESS FROM COUNCIL MEMBERS
I
X. ADJOURNMENT
[Reminder: Study Session on Wednesday, October 22 at
12:30 p.m. on the subject of LID's at Civic Center
Council Chambers (lunch provided)]
I
ti
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
October 7, 1997
PLEDGE OF ALLEGIANCE
Mayor Golden called the meeting to order at 7:00 p.m., Civic Center Council Chambers.
ROLL CALL
Councilors Laws, Hauck, Hagen, Wheeldon and DeBoer were present. Councilor Reid was absent.
APPROVAL OF MINUTES
Minutes of the Regular meeting of September 16, 1997 was amended and approved to reflect on page 3 under item 4
the motion should reflect Councilor Hagen as making the second to the motion. The adjourned meeting of
September 17, 1997 was approved as presented.
SPECIAL PRESENTATIONS & AWARDS
1. Mayor's Proclamation of October 5-11 as "Mental Illness Awareness Week" in Ashland.
2. Mayor's Proclamation of October 6-11 as "National Fire Prevention Week" in Ashland.
3. Mayor's Proclamation of Sunday, October 19 as "Senior Citizen Day" in Ashland.
Mayor Golden read proclamations by title only.
Discussion regarding the Adoption of the new Hillside Development Standards ordinance.
Mayor Golden explained to citizens the protocol used for Land Use issues. If the issue is a subject of a Public
Hearing, which has been closed, there is no further testimony. Commented on how, at the previous council meeting,
that when testimony was opened again it pertained only to the particular issue proposed in the second reading.
Golden noted the increased interest from the community on this issue even though there had been a number of public
hearings held. Because of this increased interest, she urged the council to allow the proposed ordinance to be sent
back to a small sub-committee in order to make the ordinance work for the community. Golden suggested that the
committee be comprised of two councilors, a planning commissioner and a building technician.
Golden clarified, due to misinformation printed in local paper, that public input cannot be taken during the Public
Forum portion of the council meetings, if the item being discussed is either already on the agenda, or is a subject of
a Public Hearing which has been closed.
Councilors DeBoer/Hauck m/s to return the proposed ordinance back to committee level. DISCUSSION:
Councilor Wheeldon urged interested individuals to participate and submit their concerns to the committee. Mayor
would like to see a realtor, who is willing to serve, be a part of this committee and could offer a good flow of
communication to other realtors. City Attorney Nolte noted that there will be at least one public hearing that will be
noticed and an opportunity for public input at that time. Councilor Hauck felt that there had been ample opportunity
for public input and does not support sending the proposal back to a committee. Voice vote: Laws, Wheeldon,
DeBoer, AYE; Hauck and Hagen, NAY. Motion passed 3-2.
CONSENT AGENDA
1. Minutes of boards, commissions and committees.
2. Monthly Departmental Reports -September, 1997.
3. City Administrator's Monthly Report - September, 1997.
4. Approval of liquor licenses:
(a) PacPizza, Inc. (formerly Pizza Hut) at 2220 Highway 66;
(b) Daddy O's Restaurant at 130 Will Dodge Way.
5. Appointment of Mayor Golden and Councilor Hauck as voting delegates to League of Oregon Cities
Annual Business Meeting.
Council Meeting 10-07-97 1
6. Annual Financial Report for Fiscal Year Ended June 30, 1997 from Department of Finance.
7. Confirmation of Mayor's appointments of Committee to renew ICCA facility as required by C.U.P.
condition.
8. Confirmation of Mayor's appointment of David Fine to Traffic Safety Commission.
Mayor Golden requested that item#7 be pulled for discussion.
Councilors Hauck/Hagen m/s to approve Consent Agenda items #1-6 and#8. Voice vote: all AYES. Motion
passed.
Mayor Golden reminded council of the specific criteria set for this ad hoc commission which would include two
members in favor and two opposed, a city councilor and staff. Golden explained that because they had problems
getting anyone to serve after calling a number of individuals, it was opened up more to the community. The memo
submitted to the council for approval has three individuals in favor and one opposed. Since the memo, an additional
individual opposed has shown interest in becoming a member. Golden would like council approval to contact one of
the proposed in favor members to explain the situation. This would allow a recommendation of the additional
individual who is opposed and bring the committee back to what was set for the original criteria.
Council consensus to allow Mayor to set the members of the ad-hoc committee.
Councilors Hauck/Hagen m/s to approve Consent Agenda item#7. Voice vote: all AYES. Motion passed.
PUBLIC FORUM
Jack Blackburn/805 Oak Street/Spoke on behalf of Citizen's in Favor of Fair Local Improvement Districts.
Requested council to place on the agenda, a request for a moratorium of six months on Local Improvement Districts
at the next council meeting.
Susan Hunt/220 Nutley/Questioned the process used for speaking on agenda items. Felt that because the Hillside
Standard issue was sent back to committee, it was no longer on the agenda. She questioned if this was the case, if it
were possible to speak on the Hillside Standards. Golden explained that the issue was on the agenda, and the council
had already dealt with the issue. This item could not be spoken on during the public forum portion of the agenda.
Hunt expressed her frustration of having the Hillside Development being sent back to committee level.
Anna Hassell/25 Westwood/Submitted letter to council regarding Planning Action 96-094-Westwood Subdivision
exclusion from the LID moratorium. Expressed concern over the consequences of a potential moratorium concerning
the LID process as it pertains to their seven lot subdivision.
Requested council to exempt their subdivision from a possible moratorium on the basis that the Westwood LID
application was submitted on 9/07/97.
Hassell clarified for council that the city policy that had changed and was spoken of in the letter, dealt with how a lot
split was done and how this process was changed to being a subdivision.
Steve Morjic/610 Chestnut/Spoke against a moratorium on Local Improvement Districts. Feels that the city has used
the LID process for a likelihood of future development.
Mort Smith/129 5th Street/Requests that his name not be used by any news reporters. Spoke regarding adding
additional levels of enforcement to the noise ordinance. Suggested friendly, but persuasive notices at the High
School and at businesses, etc. regarding permitted levels of noise.
Council asked that Mr. Smith be notified when the noise ordinance comes before the Planning Commission.
Council Meeting I007-97 2
Bob Sullivan/525 Sheridan Street/Felt that the study session the council held previously, gave license to
neighborhoods to say they did not have to be participants in Local Improvement Districts. Explained that because of
this study session, its looseness in comment and the unwillingness to represent policy, a dilemma had been created
among people on the direction of the the LID process.
Golden felt that if the council came up with a alternative plan for funding Local Improvement Districts, that there
would be some kind of criteria worked into it for rebates. Golden voiced concern regarding a moratorium and how
it relates to building. Does not believe in stopping a process just to see how to make it better.
Laws has become dissatisfied with the current policy regarding LID's and has voiced his dissatisfaction.
Understands how this could come across as a lack of direction, but explained that this is how you work out a
problem to come up with a solution.
Wbeeldon clarified that in the case of the project for Mr. Sullivan and the Westwood project, that the council had
been moving forward until the remonstrance and LUBA appeal came about. Feels that the council is committed to
the policy of paving our streets. Golden gave brief history on the cities need to pave streets.
NEW AND MISCELLANEOUS BUSINESS
1. Request for water service outside the City limits but inside the Urban Growth Boundary for Glen
Ward and Monte George on property adjacent to Ashland Municipal Airport.
Public Works Director, Paula Brown submitted request for water service to two properties on Dead Indian Memorial
Road. Both properties are outside the City limits, but within the Urban Growth Boundary and both have documented
evidence of failed wells. Both property owners have been hauling water to their properties for usage. Brown gave
brief history and background on the request for service from Monte George and Glen Ward. Noted that one of the
main concerns by the property owners has to do with potential fire danger.
Brown explained that the existing facilities on the property and both properties are within 100 feet of a 2 inch water
service line as required by the city resolution Establishing Standards for Water Connections Outside City Limits.
Recommends council to direct staff to provide city water service connections in accordance with the Resolution 97-
27.
Brown clarified that she is currently working with the city attorney to develop an agreement that could be used
regarding restriction on future development to the properties. Golden explained that, in the past, this was an issue
for approval of city water connection because of the intent of the owners to develop the property. Golden requested
that an agreement be made with the owners that the property would not be developed before the water connection is
made. Councilor Hauck reminded council that the resolution adopted by the council included a deed restriction that
prevents partitioning or subdivision of the land.
Councilor DeBoer/Laws m/s to approve request for water service. DISCUSSION: Clarification was made that
partitioning and subdividing of property can be done just prior to annexation of a piece of property. City Attorney
explained for council that a deed restriction would be put onto the property immediately, so it could not be
partitioned or subdivided. Roll Call vote: Laws, Hauck, Hagen, Wheeldon and DeBoer, YES. Motion passed.
2. Proposal of Mayor Golden to amend position description for City Administrator.
Golden stated that during the study session of the council, it was made clear that they did not want the criteria
regarding utility duties restricting the field for potential applicants for the City Adminstrator positon. Explained that
these duties have fallen under both the Electric Department head and the Administrator position for a number of
' years. The intent is to take the utility duties out of the Administrator's responsibilities and place it under the
Electrical Superintendent's responsibilities.
Councilor Hauck stated that even though there was consensus that this should not be a criteria in the recruitment
process, he does not necessarily agree that it should be moved from the Administrator's job responsibilities. Voiced
Council Meeting 10-07-97 3
concern that if this were taken out of the Administrator's job description, that there be concurrent language that
describes it in the job description for the Electrical Superintendent.
Golden explained that when the ordinance was initially done for the responsibilities of the Administrator, there were
very different Directors of the Electric Department. Also noted the role of the Conservation Department with the
utility issues.
Councilor Laws believed that the council did not want this criteria to be a limitation to potential applicants, but
understood that the possibility should kept open. Felt that the ordinance should be left alone until the position is
filled. He felt that it may be possible to find an applicant that meets all these requirements and does not believe that
this criteria would inhibit applicants from applying for the position.
Golden noted her concern that the ordinance is different than what is currently being done. She would like to see
this brought up to current practice.
Wheeldon suggested that council work on this during the proposed council work session. Golden welcomed the
suggestions and will continue to work with the city attorney on the proposed changes to the city administrators duties
and responsibilities.
Ed Kontowski/Shared with council his knowledge of the past on how the role of the city administrator came about to
take on the electrical duties. Questioned why the city administrator should have the same role and duties as the
Electric Director.
3. Memorandum from Dick Wanderscheid regarding public forum on "Ashland's Future Water Supply."
Dick Wanderscheid, Conservation Manager presented to council one of the recommendations as proposed by the
Communication Committee. The recommendation is to hold public discussion of issues through a Town Hall Forum.
Requested councils input on topics to be used.
Wanderschied stated that the topics suggested by the committee were, Paying for Streets and Sidewalks; Ashland's
Future Water Needs and Options; and Ashland's Optimum Population Density. Wanderscheid explained that after
discussion with members from the committee, the subject of"Ashland's Future Water Needs and Options" was the
preferred subject for the first public forum.
Council felt that this would be a great tool for council to use in getting information from the community on how they
feel about certain subjects.
Wanderschied explained for council the intent of the subject on Ashland's Optimal Population Density. That the
intent was how infill is done, not necessarily population.
Council consensus to move forward on this recommendation.
4. Memorandum from the City Conservation Commission regarding a city "Adopt a Street" program.
Dick Wanderscheid, Conservation Manager explained the proposed Adopt a Street program. Stated that the program
would be to involve streets that would be adopted for litter control through a commercial and residential component.
The residential program would allow local residents, neighborhoods or families to adopt their neighborhood streets.
Stated that the Conservation Commission designated $440 of FY 97-98 budget to implement the initial phase of the
program. After that, a new line item in the Public Works budget would be included in future budgets to cover
program costs.
Requested council endorsement for the program which would enable them to move forward by setting up the
program with potential adoptees. It was suggested that a list of streets be developed where a problem area has been
Cwncil Mewing 10-07-97 4
identified. This list could be used as the first streets to be adopted. Streams were also mentioned as a being added
to the program in the future.
DeBoer voiced concern and council agreed that there be no new signs on posts, but signs on existing posts.
Council consensus for endorsing the Adopt A Street program proposal.
5. Request by Wes Vail for pavement cut on Van Ness Avenue just south of Helman Street.
Brian Almquist, City Administrator presented a proposed request for a cut in new pavement. Explained that the
pavement was installed in the Fall of 1996 and is protected by moratorium until the Fall of 2004. The purpose of
the requested cut is to install a spur track to move several historic rail cars to a proposed structure on land Mr. Vail
owns between Van Ness and Central Avenue.
Almquist explained the background and stated that an application for a rail crossing permit had been filed with the
Oregon P.U.C. Recommended that council approve this request subject to approval of the crossing by the P.U.C.
Explained that this was put on the agenda late because Mr. Vail would like to begin work on this project within the
next two weeks.
Planning Director John McLaughlin explained that the laying of railroad tracks does not constitute a land use issue
and would not trigger a site review. McLaughlin has not experienced this situation in the past and does not see how
the permit process fits into this review process. He explained that when there is building done on the property or
change is made on the usage of the property, a site review would be triggered.
Councilor DeBoer and Laws would not approve of this request without further public input based on the possible
impact to the neighborhood and potential safety issues. Laws was not clear on the need for the pavement cut and
would like to see further study and information.
No action taken by council.
ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Second reading by title only of "An Ordinance Amending Chapter 18.62 of the Ashland Municipal
Code - Land Use Ordinance, Adopting New Hillside Development Standards."
Action by council was by motion to send proposed ordinance back to committee level as earlier discussed on agenda.
2. Reading by title only of"A Resolution Declaring the Canvass of the Vote of the Election Held in and
For the City of Ashland, Oregon, on September 16, 1997," and Mayor's Proclamation Regarding
Passage of the Youth Activities Levy."
Councilors Laws/Hauck m/s to approve Resolution #97-34. Roll Call vote: Laws, Hauck, Wheeldon and
DeBoer, YES. Councilor Hagen was absent from the room. Motion passed.
3. Reading by title only of "A Resolution Endorsing a Special Session of the Oregon Legislature to
Develop an Acceptable Transportation Funding Package."
Councilors Hauck/DeBoer m/s to approve Resolution #97-35 with amendment adding the wording
"consideration of public and alternative transportation and additional statewide motor fuel tax;" to item
number 2 of the resolution. Roll Call vote: DeBoer, Wheeldon, Hauck, Laws, YES. Councilor Hagen was
absent from the room. Motion passed.
4. Authorization for Mayor and City Recorder to sign renewal of lease with Civil Air Patrol for hangar
at Ashland Municipal Airport.
Councilors Hauck/Laws m/s to approve authorization. Voice vote: all AYES. Motion passed.
Council Meeting 10-07-97 5
z
5. Authorization for Mayor and City Recorder to sign Rental Agreements with Don Fitch and Steve Gies
for hangars at Ashland Municipal Airport.
Councilors Hauck/DeBoer m/s to approve authorization. Voice vote: all AYES. Motion passed.
OTHER BUSINESS FROM COUNCIL MEMBERS
Councilor Wheeldon noted the proposed facilitated council session and asked council members to check their
schedules for this session. The session is tentatively set for October 27th from 2pm until 6pm. An alternative date
is November 3rd.
Council agreed with Councilor DeBoer's request that at the next scheduled study session, that the subject of LID's be
continued.
Council discussed the subject of the proposed moratorium on Local Improvement Districts. Councilor Laws noted
that the council is still in the process of trying to come up with ideas and solutions and does not believe there is a
need for a moratorium. Laws felt that the council should continue working toward alternatives and then move
quickly on these alternatives.
Council discussed how suggestions are brought forward for council discussion and agreed that the issue is on how
street improvements are funded. Information was requested from the Planning staff on how LID'S are handled
through the planning process and how "to and through access" is handled. Councilor Hauck commented that until
the process is changed, that the existing process should be followed.
ADJOURNMENT
Meeting was adjourned at 9:15 p.m.
Barbara Christensen, City Recorder Catherine M. Golden, Mayor
Council Meeting 10-07-97 6
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Sf WWHEREAS, the United Nations system has a commendable record of achleveinent and faces
( ' etraodinary challenges m preventing and resolving conflicf,' protecting the earth's
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implications of a$ost-Cold War world,'and the best vehicle for finding collective solutions ,
tip `to these challenges, and
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health, seounty, economic�freedomFand_democratic values; and
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representing the fervent desire of the United States and its World War II allies to:"save H
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City of Ashland
PARKS AND RECREATION COMMISSION
REGULAR MEETING
MINUTES
September 22, 1997
ATTENDANCE:
Present: AI Alsing, Bob Bennett, Teri Coppedge, JoAnne Eggers, Laurie MacGraw,
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.
11. ADDITIONS OR DELETIONS TO THE AGENDA None
III. APPROVAL OF MINUTES
A. Regular Meetina - August 25, 1997
Commissioner MacGraw made a motion to approve the minutes of the Regular Meeting
as written. Commissioner Bennett seconded.
The vote was: 5 yes - 0 no
B. Special Meeting - September 15, 1997
Commissioner Alsing made a motion to approve the minutes of the September 15, 1997
Special Meeting as written. Commissioner Bennett seconded.
The vote was: 3 yes - 2 abstain (MacGraw, Coppedge)
IV. REVIEW OF FINANCES
A. Approval of previous month's disbursements
Commissioner MacGraw made a motion to approve disbursements for the previous
month as indicated by the combined register for checks #17061 - 17524 in the amount of
$238,154.86. Commissioner Alsing seconded.
The vote was: 5 yes - 0 no
V. PUBLIC PARTICIPATION
A. Open Forum
Cate Hartzell (881 E. Main) inquired as to the progress of having the skateboard facility
located at Water Street Park. She said that it was her understanding that Larry Magura
would possibly be doing some additional studies related to flooding and the riparian area
Regular Meeting - September 22, 1997 Page 2
Ashland Parks and Recreation Commission
Oven Forum -continued
at that location. Director Mickelsen responded that Mr. Magura was looking into the
hydrologic information which has already been collected to determine whether or not he
had sufficient information related to that portion of the stream channel. If not, he may
do some additional work to determine whether or not the skateboard facility as planned
would impact the flood corridor at that location. Until that is determined, no further
action will be taken regarding the skateboard facility.
VI. OLD BUSINESS
A. Authorization to advertise for bids for wall in lower lawn Lithia Park
Chair Coppedge asked for public comment on the item prior to Commission
deliberation.
Cyndi Dion (897 Hillview) said that it was her understanding that the Commission had
previously voted in favor of the wall provided that the computer model supported having
it constructed. She said that it was her understanding that after the model had been
presented that there would be some discussion of what the model showed in relationship
to the wall and what would happen if the wall were not constructed. She said that she
has not yet heard that discussion and what the alternatives would be if the wall were not
constructed.
Cate Hartzell said that she and others who had concerns about moving forward with the
wall were getting together with Greg Scoles, Assistant City Administrator, to discuss
their concerns which focused on precluding other options in response to a flood this
winter before the other projects have been completed downstream. She and others had
some concern that flood waters would be channeled through Winbum successfully but
would run into problems downstream. .
In discussion among Commissioners, Commissioner Eggers indicated that she would be
unable to support a motion to advertise for bids on the wall at this time because she has
heard from people who have paid a lot of attention to issues related to the New Years'
Day flood that there are still questions which have not yet been answered.
Commissioners MacGraw and Bennett indicated that they would support such a motion
because they believed that Otak had done its job and was still recommending the wall as
part of the overall design for mitigating future flood damage.
Commissioner Alsing commented that the Commission had chosen to hold off on
construction of the wall last spring in order to allow Otak to conduct its computer
model. However, the Commission's decision was to move forward with the wall prior
to this year's flood season unless Otak's opinion about the wall changed due to the
modeling. Indicating that although Otak has not yet submitted the written report related
to the modeling, Otak has had that information available to them when making
recommendations about the Winburn Way crossing, and, Otak has indicated to the
Commission that it still strongly supports the wall which is an integral part of the bridge
design for the Winburn Way crossing.
y
Regular Meeting - September 22, 1997 Page 3
Ashland Parks and Recreation Commission
Advertising for bids - continued
MOTION Commissioner Alsing made a motion to authorize advertising for bids for the park
portion of the flood wall in the front lawn of Lithia Park. Commissioner MacGraw
seconded.
The vote was: 4 yes - 1 no (Eggers)
B. Northwest Biological Consulting - report on natural area N Mountain Park
The team members from the consortium headed by Scott English from Northwest
Biological Consulting presented its report on the data collected regarding the natural area
of N. Mountain Park. The scope of work for the project involved collecting baseline
data related to the topography, soils, and vegetation of the riparian area which runs
through the park. The data will be used for future planning for enhancement of the
riparian area and the creek channel. During and following the presentation, .
Commissioners and members of the public discussed the information with the NBC team
for clarification and thoughts about possible ways the information could be used.
MOTION Commissioners unanimously expressed their pleasure and appreciation for the quantity
and quality of information which the NBC consortium had obtained related to the area.
Indicating that the data would be of significant value to the Commission in setting long
term goals and policies for the area, Commissioner Alsing made a motion to accept the
report as presented. Commissioner Eggers seconded.
The vote was: 5 yes - 0 no
C. Committee report on Resource Center facility - N Mountain Park
As the coordinators of efforts related to planning for the natural area of N. Mountain
Park, Linda Chesney and Kari Tuck were present to report to the Commission on the
resource committee's recommendation regarding a Resource Center facility for the area.
The facility would be used as a base for coordinating and enhancing recreational and
educational use of the natural area. The committee focused on two alternatives: either
to refurbish the old farm house which currently exists on the site or to construct a new
facility. Essentially, the committee's recommendation indicated that they felt that
remodeling the old farm house and building a covered, outdoor lab area would best suit
the needs of the area.
Considering several elements such as cost, floorplan, conservation of resources, and
ADA requirements, the presentation included comparisons among remodeling the
existing farmhouse plus a covered area, building a new facility of comparable size, and
building a larger new facility. Having had the farmhouse inspected and very rough cost
estimates generated, it was anticipated that remodeling and constructing an outdoor lab
would cost approximately $42.00/sq. ft.; a new facility of comparable size would cost
approximately $80.00/sq. ft. Indicating that they believed it was a "good message to
send" and fit the overall theme of preserving and enhancing the natural area, the
committee believed that "recycling" the farmhouse for historic value and conservation of
resources was appropriate.
Regular Meeting - September 22, 1997 Page 4
Ashland Parks and Recreation Commission
Resource Center-continued
In discussion with Commissioners, it was indicated that, without considerable structural
changes, the floorplan of the house would work well for a display and reception area,
for organizing educational materials and for small group classroom work. As the natural
area itself and the covered "lab" space would be used for most activities, it was not felt
that space indoors for large groups would be necessary.
Tom Burnham, present in the audience, said that he had inspected the farmhouse for the
committee and had found that it was structurally sound with a good foundation and lots
of potential. His only recommendation was that if the Commission chose to keep the
building that a new roof be put on immediately because another winter without a good
roof could cause some real damage. Jim Lewis, present in the audience, questioned the
need for the "all around asphalt parking" shown in the current plan for the park. Prior
to completing plans for the facility, he suggested that a "softer" kind of parking area
which did not surround the facility be considered.
MOTION Following discussion, Commissioner Alsing made a motion to adopt the concept of
utilizing the farmhouse plus a covered "lab" area as a Resource Facility for the N.
Mountain Park natural area and to authorize staff to work with the resource group to
move forward with the concept. Commissioner Eggers seconded.
In discussion of the motion, Commissioner MacGraw inquired about replacing the roof.
By consensus, if the motion passed, Commissioners authorized staff to have the roof
replaced immediately. Commissioner MacGraw also indicated that she would like to see
the question of parking around the facility addressed again to determine what would be
appropriate.
The vote was: 5 yes - 0 no
D. Review draft agreement with Ashland School District for community/school narks
Commissioners reviewed a draft for an agreement between the Commission and Ashland
School District for the joint development of school playground areas which would also
be utilized as neighborhood park areas. Kent Provost,School Board member, was also
present to discuss the draft. The major points of the agreement covered the construction
of two sites, the Helman and Bellview school playgrounds, and an ongoing maintenance
agreement which would be in place for five years with an option to renew. In
discussion with Mr. Provost, Commissioners modified some language in the draft
agreement to more clearly identify the stipulation that the School District would pay for
all material costs associated with the two playgrounds and would also pay the Parks and
Recreation Department for the design work and labor necessary to construct the
playgrounds. The agreement also stipulated that the School District would agree to enter
into a contract for services with the Parks Department for annual maintenance costs
associated with the two playgrounds, and, outside of that maintenance fee, would set
aside an annual dollar amount for future improvements.
MOTION Commissioner Alsing made a motion to proceed with the final draft of an agreement
between the Parks Department and School District which would include the
modifications discussed. Commissioner Bennett seconded.
The vote was: 5 yes - 0 no
Regular Meeting - September 22, 1997 Page 5
Ashland Parks and Recreation Commission
VII. NEW BUSINESS
A. Review and approve bids for equipment - sand pro
Commissioners reviewed bid tabulation forms which indicated two bidders for supplying
the Department with a gas powered sand grooming vehicle. Director Mickelsen
indicated that both bids met specifications. As the difference in cost was not substantial,
however, he suggested authorizing staff to select either bid depending on which piece of
equipment would better meet the needs of the Department.
MUM Commissioner MacGraw so moved. Commissioner Eggers seconded.
The vote was: 5 yes - 0 no
VIII. COMMUNICATIONS and STAFF REPORTS
A. Summary of funding sources for restoration work - Lithia Park
Director Mickelsen indicated that Commissioner Eggers had asked for a brief summary
of the monies which had been received to date for flood restoration work in Lithia Park.
He indicated that from various sources such as FEMA, donations, and grants,
approximately $306,000 has been designated for flood restoration. To date, on materials
along, the Department,has expended $45,000. Within the $306,000 are the estimates
which FEMA has designated as reimbursable for the three large projects which remain:
the Calle, trails, and bridges. On the larger projects, the FEMA estimate is for 75% of
what it would have cost to replace what was lost. Because the cost of work on the Calle
and the bridges will most likely be much higher than just replacement costs, the monies
will need to be allocated from other sources also. He mentioned that, if needed, a
portion of the City's authorization to sell flood bonds could be used.
DC. ITEMS FROM COMMISSIONERS
Commissioner Alsing mentioned that the S. Oregon Historical Society was working on a
project to make itself more visible in Ashland. He said that a few items on the list of
possible ideas which they might pursue are things which could involve the Parks
Department. He said he was mentioning it at this time so that Commissioners would be
advised that they might be approached in the future with a suggestion or two from
SOHS.
X. UPCOMING MEETING DATE(S) and PROPOSED AGENDA ITEMS
The next Regular Meeting was set for Monday, October 20, 1997 at 7:00 p.m. It will
be the first meeting held at the Council Chambers and televised on Cable Access. All
future Regular Monthly meetings will be held on the third Monday of each month unless
it needs to be changed because of an unusual circumstance.
A Special Meeting was tentatively scheduled for Thursday, October 16, 1997 for a
follow-up report by Fishman Environmental on flood restoration in upper Lithia Park.
Regular Meeting - September 22, 1997 Page 6
Ashland Parks and Recreation Commission
MEETING DATES-continued
A Special Meeting was scheduled for Monday, October 6th or Wednesday, October 8th
to review bids on the flood wall.
A Special Meeting was scheduled for Monday, October 27, 1997 to gather public input
related to restoration work for the park area of Calle Guanajuato.
A Special Meeting was set to review topics related to Oak Knoll Golf Course on
Thursday, November 13th.
XI. ADJOURNMENT With no further business, Chair Coppedge adjourned
the meeting.
R Lm lly submitted,
Ann Benedict, Business Manager
Ashland Parks and Recreation Department
City of Ashland
PARKS AND RECREATION COMMISSION
SPECIAL MEETING
MINUTES
October 9, 1997
ATTENDANCE:
Present: AI Alsing, Teri Coppedge, Joanne Eggers, Laurie MacGraw,
Director Ken Mickelsen
Absent: Bob Bennett
I. CALL TO ORDER Chair Coppedge called the meeting to order at 2:30 p.m. at the
Department Office, 340 S. Pioneer Street.
II. REVIEW and APPROVE BIDS
A. Construction of wall in front lawn of Lithia Pazk
Commissioners reviewed a bid tabulation form which indicated that Ashland
Construction, Inc. was the sole bidder for the construction of the wall. Indicating that at
$85.75 per foot, the price is appropriate for the job and that the Department feels
confident that Ashland Construction can do the job, staff recommended that the
Commission accept the bid.
In discussion of the bid price, staff explained that the bid was for the wall itself and did
not include the cost of the exterior rock surface. The Department would purchase the
rock and would then contract with a mason to do the work.
MOTION Commissioner Alsing made a motion to accept the bid. Commissioner MacGraw
seconded.
In discussion of the motion, Commissioner Eggers indicated that she could not at this
time vote in favor of the motion. She said that Otak's draft report of the computer
modeling would not be available until October 13, 1997. She said that until that report
was submitted and studied she still had some concerns that directing all flood waters
behind the plaza might be harmful to the Calle and bridges downstream. She said that
until the report was in that she could not feel confident that all the questions had been
answered. Her preference would be to wait on the report before making a decision on
the wall.
Commissioner Alsing indicated that due to the fact that the parks portion of the wall was
an integral part of the overall design related to the bridge and that Otak has indicated by
letter to the Commission its confidence that the wall is an necessary feature, he would
support proceeding.
The vote was: 3 yes - I no (Eggers)
Special Meeting - October 9, 1997 Page 2
Ashland Parks and Recreation Commission
REVIEW and APPROVE BIDS - continued
B. Fiberglass Coatine for Daniel Meyer Memorial Pool
Commissioners reviewed two bids which had been received for a fiberglass coating for
the Meyer Pool. Staff indicated that both bids had come in substantially higher than
anticipated recommending that the Commission reject both bids. In discussion,
Superintendent Gies said that the primary reason the bids had come in higher than
anticipated was that the price included removing the rubberized paint which is on the
pool surface at this time. He recommended that the Commission reject the bids to allow
for other priority work, such as replacing the filtration system, to be completed and that.
the re-coating of the pool be addressed later this year.
MOMN Commissioner MacGraw made a motion to reject both bids. Commissioner Eggers
seconded.
The vote was: 4 yes - 0 no
III. GRANT PROPOSAL
Director Mickelsen said that the committee working on the natural area of N. Mountain
Park were looking into applying for a grant from the Meyer Memorial Trust which
would apply to developing a final master plan for that area. For next fiscal year, 1998-
99, if approved, the grant would require a 50150 match of$7,500. He asked for a
commitment from the Commission for that match if the grant is approved by the Meyer
Memorial Trust and if the Commission chooses to accept the grant once awarded.
After brief discussion, by consensus, the Commission indicated support for applying for
the grant and willingness to commit $7,500 as a match if it is awarded.
IV. ADJOURNMENT With no further business, Chair Coppedge adjourned
the meeting.
Respectfully submitted,
FL
Ann Benedict, Business Manager
Ashland Parks and Recreation Department
ASHLAND PLANNING COMMISSION
REGULAR MEETING
SEPTEMBER 9, 1997
MINUTES
CALL TO ORDER
The meeting was called to order by Chairperson Barbara Jarvis at 7:05 p.m. Other Commissioners
present were Bass, Giordano, Briggs, Gardiner, Howe and Morris. Absent members were Hearn and
Armitage. Staff present were McLaughlin, Molnar, Knox, Harris and Yates.
Planning Action 97-066 (Skateboard Park) has been postponed until the October Regular Meeting.
APPROVAL OF MINUTES AND FINDINGS
Auaust 12, 1997. Regular Meeting Minutes
Gardiner made a correction to the last page of the minutes: '...Gardiner did 'not' think a pedestrian
easement appropriate. Howe moved to approve as corrected, Giordano seconded and the minutes
were approved.
August 12, 1997 Study Session Minutes
Gardiner moved to approve, Giordano seconded the motion and everyone approved.
August 12 1997 Hearings Board Minutes and Findings
Howe moved to approve the Minutes and Findings, Giordano seconded and Howe, Giordano and Bass
approved.
PUBLIC FORUM
No one came forth to speak.
TYPE II PUBLIC HEARING
PLANNING ACTION 97-077
REQUEST FOR A SIX-LOT SUBDIVISION TO BE LOCATED AT THE NORTHWEST CORNER OF THE
INTERSECTION OF SOUTH MOUNTAIN AVENUE (735 S. MOUNTAIN) AND PROSPECT STREET.
APPLICATION INVOLVES A VARIANCE TO CREATE A LOT HAVING A WIDTH GREATER THAN ITS
DEPTH, AND A VARIANCE FOR AN EXCEPTION TO EXISTING STREET RIGHT-OF-
WAY/IMPROVEMENT REQUIREMENTS.
APPLICANT: RAD WELLES
Site Visits and Ex Parte Contacts
Site visits were made by all.
STAFF REPORT
McLaughlin reported this action was heard at last month's meeting and the applicant was asked at that
time to provide additional information. The applicant has submitted four additional documents this
evening: a letter from Upper Limb It, an amendment to the proposed CC&R's, proposed Findings for a
Variance for construction of sidewalk, proposed Findings for a Variance of roadway width. McLaughlin
read the criteria for approval of a Subdivision (18.80.0401). McLaughlin reminded the Commission this is
a one-level review process. If approval is granted, the Commission makes a finding that all issues are
answered and addressed. No changes will be made except for items the Commission may condition.
The Staff Report notes several changes made between the original plan submitted by the applicant and
reviewed at last month's meeting and the information submitted by the applicant dated August 28, 1997.
There were discrepancies such as lot widths, location of building envelopes, lot dimensions, etc.
The primary issue has become whether or not a sidewalk is warranted. The applicant has requested a
complete variance in requiring construction of the sidewalk for the project. As evidence, the applicant
has provided findings which are included in the packet along with a plan provided by Thornton
Engineering showing the difficulty of providing a sidewalk. As stated in the Staff Report, the findings
submitted by the applicant did not clearly address the criteria for approval and Staff felt that if the
Commission agrees with the general concept of the sidewalk variance for this application, additional
findings will be necessary regarding unique and unusual circumstances and specifically the proposal's
benefits being greater than any negative impacts. Issues were raised about pedestrian safety and refuge
from traffic and once that evidence is raised, it needs to be rebutted.
Staff raised concerns that the applicant provide an arborist's report on the damage that will occur to the
trees should a sidewalk be constructed along the street. Very little was addressed with regard to tree
protection to the trees next to building envelopes that could allow for foundations to be constructed or
the construction of driveways. It is Staff's opinion these items should be considered in granting a
variance for a sidewalk based on the retention of trees, and that efforts should be made throughout the
development plan to preserve trees, and the 8rborist's report should be comprehensive in that review.
Staff believes the street right-of-way and variance for the width is directly linked to the provision of the
sidewalk. If it is the Commission's decision to not require a sidewalk then there is not the need for
additional right-of-way for this project.
The applicant's engineer has provided some text regarding drainage for the property. He believes after
reviewing the site, the drainage concerns raised by the neighbors can be met by using standard
drainage improvements done during new construction.
Staff has not had an opportunity to review the information submitted by the applicant this evening.
Giordano asked Staff to clarify why information was brought to this evening's meeting by the applicant.
McLaughlin explained that after last month's meeting, the applicant provided a packet of information
dated August 28, 1997 addressing those issues from the August meeting (included in the Commission's
packet) and the Staff Report was prepared. Once the Staff Report was prepared, the applicant provided
additional information. Bass wondered how much information can come in the night of the meeting and
still be admissible. Jarvis said the Commission uses its discretion. She added the Commission has
stated very clearly previously, that any information that comes in at this untimely period is not enough
time to utilize that information to the best benefit. There is no way in the next few minutes to adequately
review these documents and deal with them.
Jarvis said there are a significant number of questions raised in the Staff Addendum and she was
wondering if they had been addressed. Particularly, it appears something has to be done with Lot 2.
The building envelope goes completely to the street. If it is taken away, what happens then?
McLaughlin said the current plan (September 2, 1997) of the applicant's still indicates the building
envelope going up to the front property line. It is Staff's recommendation in a Condition that the
envelope be removed and replaced with one that complies with standard setback requirements.
I
ASHLAND PLANNING COMMISSION 2
REGULAR MEETING
SEPTEMBER 9, 1997
MINUTES
McLaughlin said at the time the Staff Report was written, Staff was looking for a way to provide the
Commission some flexibility in reviewing the application, that should the Commission have their
questions answered regarding design issues, lot layout, tree locations, and arborist's concerns, that
there would be an opportunity to approve the project with an additional review as a Type I process later.
The City Attorney has stated that the Commission does not have that discretion. The Commission's
finding must be in accord with Section 18.80.0401. The preliminary plan is basically the final plat
approval. Jarvis asked, in other words, will the building envelope on Lot 2 have to be conditioned to
make it comply? McLaughlin said that is correct.
Bass wondered about Conditions 14, 15, and 16 where reference is made to things occurring prior to
final plat approval. Does that mean there is no opportunity to review the changes once approved
tonight? McLaughlin said Conditions referring to final plat approval are changes made and reviewed by
the Staff before Staff signs the final survey plat, approving the subdivision, which then creates the lots for
sale. The Commission is saying, in essence, certain things must be changed but responsibility is
deferred to Staff to make sure those items are changed.
Jarvis asked the Commissioners to review the criteria for a Variance to make sure the applicant has met
those.
PUBLIC HEARING
MIKE THORNTON, Thornton Engineering, 1236 Disk Drive, Suite 1, Medford, OR, stated he is
representing the applicant on the issues of a sidewalk Variance and right-of-way width Variance. He
showed a transparency of the sidewalk design they had done. He is presenting a design which was
done based on the arborist's comments and input from the City. He met with McLaughlin and presented
the drawing, the concerns and the report. McLaughlin instructed them it would be best for the
applicant to decide whether or not to build the sidewalk and present a strong proposal for either way:
ask for a Variance or ask to build the sidewalk. The applicant's feeling was they could not make a
strong proposal to build it because of the uniqueness and difficulties with regard to the sidewalk. The
arborist prepared another report after he prepared the sidewalk design and commented on that design.
Unique and unusual circumstances: The topography of the site, would require stairs, guardrails and
retaining walls. In addition, the sidewalk would have a steep slope, and the grade is unique and does
provide difficulty in supporting a sidewalk. The arborist expressed concern about the impact of the
sidewalk construction on the mature trees. No matter what would be incorporated to mitigate those
impacts, the impacts felt would still be significant. In looking at these items, the engineer and applicant
believe the area does not lend itself to a sidewalk being attractive, easy to use, safe or convenient.
Benefits being greater than any negative impact: Some of the above items overlap with this issue. On
the street uphill from Ashland Street, there is no sidewalk with a short exception of a block above
Ashland Street. With the adjacent uses of the street and community, it would be difficult and quite an
undertaking in terms of a capital improvement project to construct a sidewalk along Mountain -- unique
topography, mature landscaping, right-of-way constraints, difficult political/environmental process. They
believe the stretch of sidewalk for a long time would be the portion they are required to install. They feel
by not building a sidewalk and avoiding the negative impacts this will not be a detriment to the adjacent
uses on the street.
ASHLAND PLANNING COMMISSION 3
REGULAR MEETING
SEPTEMBER 9, 1997
MINUTES
Circumstances or conditions that have not been willfully or purposefully self-Imposed: Their intent was
to design the sidewalk and go with what seemed best; to build or not build. The applicant did not
impose the topography or the mature trees on the site. As the arborist stated, the mature trees are an
asset to the entire community.
Jarvis said at the last meeting safety issues were discussed as well as a landing area on the corner
and/or building the sidewalk on Prospect. Thornton said the applicant has said he would be willing to
construct the portion of the sidewalk along Prospect. There is a path that is used for both uphill and
downhill traffic through that comer which cuts diagonally without regard to lanes. When the curb moves
into the available street width which is already somewhat narrow, they are balancing the potential refuge
for pedestrians versus an increased risk that a vehicle could strike the curb. He does not believe the
development poses a great impact to the pedestrians at that corner but would propose some additional
restrictions such as painting the curb and having no parking along Lot 3. They do not believe there will
be a significant amount of pedestrian traffic from the development on the street or sidewalk. He does
not believe there will a significant increase in vehicle trips either.
Howe expressed confusion with the different drawings because the tree locations did not appear to
match. She wondered if the applicant had considered in the design doing something similar to what
they have done on Lot 1 and that is, taking the sidewalk out of the typical edge of the street and going
between the trees so that the trees stay and pedestrians would have more of a buffer at the corner.
Thornton said they looked at a different sidewalk alignment but the concern was the steepness of the
site. They felt with the construction of the stairs there would still be an impact on the area and it would
not be any better than what has been presented tonight. There is less harm to the trees with the design
presented tonight.
Morris asked about the existing curb at the corner. Thornton said the existing curb would be the back
of the proposed sidewalk. Therefore, the sidewalk would start from the existing curb and come into the
roadway five feet. The concern is that traffic cuts that corner now and downhill vehicles could lose
control and hit that curb.
Thornton noted the CC&R's have added wording requiring a certified arborist for all construction on the
site to prepare a plan to save all trees that can be saved. Also, wording has been added regarding
replacing trees after construction. The trees along the street are valuable to the community because
they create a canopy. Trees will be prioritized and selected which have greater value and which can
and cannot be saved.
Giordano noted at the last meeting the accuracy of the drawings in front of the Commissioners was
raised as a concern. He is further concerned when he sees the applicant mention saving other trees on
the site. He does not see a list of the types of trees on the site. Wailes responded that there are
statements referencing that issue. There are 73 trees on the property. It is impossible to respond to the
location and accuracy of the trees on the site. He believes the trees are accurately presented, especially
those in close proximity to the building envelopes. Each of the envelopes present difficult problems with
relationship to the trees. One condition that was suggested is a penalty 'If any trees die. They have
presented provisions usually presented in any tree preservation plan. There is no benefit to him or
anyone building houses to have any of the trees negatively impacted. They have tried to make every
reasonable provision for the preservation of the trees.
- ASHLAND PLANNING COMMISSION 4
REGULAR MEETING
I' SEPTEMBER 9, 1997
MINUTES
H
Wailes said the dimensions on the overhead map are correct (a map the Commissioners do not have).
Several questions arose from the Commissioners about lot dimensions, placement of the trees, the flag
lot, and building envelopes. Thornton felt the project could be approved and conditioned tonight.
Jarvis explained If the applicant had applied under the Performance Standards Option, the Commission
would have the discretion to condition the approval. The applicant decided to use the Subdivision
ordinance and she is concerned the map is inaccurate. Staff has not seen nor reviewed the new
information and this puts the Commission in an untenable position to approve. Giordano echoed Jarvis'
concerns. Without adequate time to review tonight's drawings, how can they know it is correct?
Briggs wondered about the building envelope on Lot 3 and how close it is to the corner and because
this is a dangerous corner, the envelope hides the traffic movement along Prospect and Mountain. Why
is it not set back further? She suggested a smaller envelope.
TED MULARZ, architect, resides at 793 Elkader, read a prepared statement. He supports the Variance
for no sidewalks on Mountain or Prospect. The rural setting will be destroyed with sidewalks and he
believes it will almost never be used, besides causing harm to the trees. He believes a STOP sign at the
corner would be of more benefit than a sidewalk. Mularz said with regard to the Subdivision request
that ordinances are written without regard to geology, geography, topography and vegetation. The
topography and preservation of very important vegetation in this proposed subdivision does not support
sic lots. He agrees with the applicant's right to make a proposal for six lots but he disagrees with the
practicality of developing this site into sic lots. Most of the problems that are occurring are a result of
forcing six lots. This could easily be remedied with five lots. There would be more flexibility with house
design because of solar, all lots could be accessible from Mountain or Prospect, and all utilities could be
easily accessed without damaging trees. The subdivision should not be approved without meeting all
the criteria.
PHILIP PHILLIPS, lot 2301, lives on the corner. One of his children uses South Mountain daily. The
street is not safe to use as it is now. When SOU is in session, cars are parked far up Mountain. If you
walk it, you have to be in the middle of the street. There is a need for safety to be addressed. The
vacant lot across the street on Prospect and the lot on Mountain will add people. What will happen at
that corner will be fairly dramatic. Some provision has to be made for those people who live and work
there. He said he looks right through Lot 3 now when travelling on Mountain. He would like a realistic
assessment as to what is going to happen in this neighborhood. This is not a quiet street like Roca.
This demands some solution besides a Variance. A possible solution would be cutting the development
from six to five lots.
DONNA MARKLE, 681 S. Mountain, said her property is below Lot 1. She is concerned with drainage
and flooding, especially when talking about the grade, losing trees, adding asphalt on property that
already has underground springs. The corner is extremely dangerous because cars cut straight across
and something will need to be done. Traffic has increased in the last four years on Mountain.
Rebuttal
Thornton said they may need to discuss some alternatives to provide to the Commission. The
Commission does not have a drainage plan in front of them but the drainage in this area can be
improved with this development.
ASHLAND PLANNING COMMISSION 5
REGULAR MEETING
SEPTEMBER 9, 1997
MINUTES
Howe noted the CC&R's state that all trees on the plan designated within the "X's" can be removed
during construction of a home. She suggested it might be possible not everyone will build to the full
extent of the envelope and under 2.2 c it could be stated that trees may be removed from the building
"envelope". Also, "preserve all trees on the property not 'impeding' the creation of dwellings".
Welles asked for a continuance of the hearing.
COMMISSIONERS DISCUSSION AND MOTION
Bass asked H there was just one kind of sidewalk. McLaughlin said "no" and there is an exclusion from
ADA requirements because of the street's steepness.
Giordano stated he still had some of the same concerns as last month. He does not believe the present
design of the sidewalk along South Mountain is appropriate, however, he also feels the development
would be better served If done under Performance Standards because that ordinance takes into
consideration the topography of the site and the existing trees. He believes a path or some type of
pedestrian circulation through the development would serve the development best. He would like to see
a development that is much more sensitive to the site, more accurate drawings, and a finished product.
Briggs agreed with Giordano's statements. She feels six units forces a configuration that does not make
good building envelopes. It would be hard to live there and she would ask again if the applicant has
tried putting in five lots. Welles said when he drew it up with five, it did not result in any fewer trees
being involved and did not seem to work any better. Briggs said the same problems are not being
solved from last month and maybe a totally new configuration of lots would solve the problems.
Gardiner wondered if it would be possible to condition only a portion of the property to have a sidewalk
such as at the dangerous corner and also condition that If future street improvements were to be done
that the applicant would be required to participate. McLaughlin said both items would be possible.
Morris would like to see more accurate drawings. He walked around the block again and even on
Ashland Street there is a sidewalk. The only uncomfortable portion of the property is at the corner of
Mountain and Prospect and Mountain and Ashland. He doubts he would use the sidewalk in other areas
but the corners were a concern.
Jarvis agreed with the comments that had been made. She agreed If there were five lots with a
common area and a pedestrian path through, and if it were more amenable to people who would be
building homes there, Welles could have bigger lots with bigger houses and the kind of amenities that
would probably increase the value of the lots. She appreciates Welles willingness to continue the
application.
Giordano moved to continue Planning action 97-077, the motion was seconded and unanimously
approved.
PLANNING ACTION 97-060
REQUEST FOR A SITE REVIEW FOR CONSTRUCTION OF A 33,200 SQUARE FOOT
OFFICE/WAREHOUSE COMPLEX (CONSISTING OF THREE SEPARATE BUILDINGS) LOCATED ON
THE LOT WEST OF 300 HERSEY STREET.
APPLICANT: JERRY TONEY
ASHLAND PLANNING COMMISSION - 6
REGULAR MEETING
SEPTEMBER 9, 1997
MINUTES
Site Visits and Ex Parte Contacts
All Commissioners had a site visit except Briggs. Last month's Hearings Board (Giordano, Bass and
Howe) called it up for a public hearing.
STAFF REPORT
Knox explained this planning action came before the Hearings Board last month and there was some
discussion on the design of the building and it was called up for a public hearing. Typical uses of the
office/warehouse can be light manufacturing, furniture, packaging, retailing, etc. The lot is a flag lot
which is a significant distance off Hersey Street. The building will not be visible from the right-of-way.
The buildings are situated so the parking directly abuts the office units. There are some unloading
docks in the rear. There are landscaped fingers in the parking area, with landscaping along the
perimeter and in the front of the buildings which will help articulate the entrance to each of the offices.
There is also a public pedestrian sidewalk going from Hersey Street to the railroad right-of-way and
eventually when that property is developed, that will link the Hersey Street/Carol Street neighborhood to
the Railroad District.
The Hearings Board's concern was mainly around the east elevation (abutting sidewalk) and lack of
detail. The applicant has submitted the drawings presented tonight articulating the buildings with a
sidewalk leading to the front entrance with a canopy sheltering the front entrance. The building has a
more inviting entry. Based on the newly submitted elevations, Staff believes the applicant has met the
criteria for Site Design and recommends approval.
Bass wondered what the building will look like from the railroad side. Knox said it will be a blank wall
but it is in a seven foot depression. The distance from the back of the property line to the railroad
tracks is about 400 feet. That is a distance which will probably allow a road that would go between the
400 foot area where there would be development on both sides of a street.
PUBLIC HEARING
JERRY TONEY was available for questions. Briggs asked what material he was using. Toney said a light
sand or light gray metal siding will be used. The roof will probably be green metal.
COMMISSIONERS DISCUSSION AND MOTION
Giordano moved to approve Planning Action 97-060 with the addition of the drawing submitted this
evening. Howe seconded the motion and it carried unanimously.
PLANNING ACTION 97-091
REQUEST FOR A ZONE CHANGE FROM HIGH DENSITY MULTI-FAMILY RESIDENTIAL (R-3) TO
EMPLOYMENT (E-1) AT B STREET AND MOUNTAIN AVENUE
APPLICANT: CITY OF ASHLAND
Site Visits and Ex Parte Contacts
Site visits were made by all.
ASHLAND PLANNING COMMISSION 7
REGULAR MEETING
SEPTEMBER 9, 1997
MINUTES
STAFF REPORT
McLaughlin explained Lots 1900 and 2500 have historically been the City's storage yard. In the last two
years, a lot line adjustment was completed with the adjoining property and Tax Lot 2100 was acquired in
exchange Lot 1901 was given to the adjoining property owner. Lot 1901 and 2101 is a multi-family
subdivision along that property. Lot 2700 had a home on it and 2600 was owned by the railroad. The
City dedicated the land on E. Main (across from Garfield Park) to Community Works. As part of that
process, the City acquired the corner properties to allow for the expansion of the storage yard to
compensate for the loss of space on the East Main site. In doing that, it eliminated the residential
component on the remainder of that property and made the offices across the street contiguous with
this property. The zoning across Mountain Avenue is E-1. This action would give the City the ability to
adjust to these new conditions of the City acquiring the new land and also to correct what was a
mistake of having a use that was not compatible with High Density Residential when that was really not
appropriate to the zone because it was and has been a storage yard. It was a storage yard before the
Comprehensive Plan. There is an opportunity to clarify this situation, offer use of the remaining property
as City storage yard, construct a fence, install landscaping, and construct sidewalks on the Mountain
Avenue portion. McLaughlin also noted the land has not been considered in the vacant lands inventory
for multi-family.
Bass asked if there were other sites where this yard could go.
PAULA BROWN, Public Works Director, responded this was an existing site and the adjoining property
has been acquired. There really is no other feasible site. It is right across the street from the City yard
and that is why the site was chosen.
BILL BARCHET, 464 Lori Lane, stated he owns the adjacent property (Lot 2101). He read a prepared
statement. He believes this should be rezoned through a neighborhood plan process. This should not
be to legitimize the property for current uses. R-3 vacant land inventory is low. There are other areas
better suited for a storage yard. There is dust and noise generated which is somewhat incompatible
with the adjacent residences. If the zone change is approved, he would request buffering with
vegetation to adjacent properties. Is it critical the storage yard be directly adjacent to the buildings
across the street? Has the Staff evaluated other properties in the general area?
McLaughlin said the original Comprehensive Plan was developed in 1976. The City made a commitment
to this area when they located the warehouses, police station, etc. on Mountain and East Main. There
used to be a storage area on A Street and on Water Street. Those have been abandoned and they have
been turned over to other uses and consolidated efforts in the Mountain Avenue location. The City has
been consciously trying to consolidate services around the warehouse locations.
Gardiner asked if the B Street area would be considered part of the Railroad District. McLaughlin said
the Railroad District ends at Ninth Street Alley.
BROWN said it is important that the storage yard be in close proximity to the City yard (behind Council
Chambers and Police Dept.). Needed materials are stored across the street for easy accessibility. It is
better to have the storage a few hundred feet from the City yard rather than a few miles away. It helps
staff manage their time and equipment more efficiently.
ASHLAND PLANNING COMMISSION a
REGULAR MEETING
SEPTEMBER 9, 1997
MINUTES
Jarvis asked what the buffer on the west side is. McLaughlin said it is a new fence. Brown assured the
Commission the City would be amenable to buffering Lot 2101 with fencing or vegetation. There will be
a parkrow and B Street and Mountain Avenue.
COMMISSIONERS DISCUSSION AND MOTION
Bass was very excited when he saw this site being cleared. He thought something very dynamic was
going to happen that would enhance what he sees as the entrance to the Railroad District. Though this
site is adjacent to the City yard, it still forms an entrance to a residential neighborhood and lends itself to
having something more attractive, especially considering Mountain is going to be a major entranceway
to a lot of residential development. He does not deny the good intentions and the desire for efficiency
of the Public Works Department, however, it troubles him there was not a serious look for other sites. At
the very least, buffer what is there and use the comer for something more community/residential
oriented. He made the above comments as a resident in the area. As a Commissioner, he does not
believe the criteria have been met. He questions whether there is enough evidence to demonstrate that
whoever adopted the plan made a mistake. Secondly, the real change in conditions are not the
changes in ownership of the property, but all the projects that have been approved along Mountain
Avenue. If anything, this should be more compatible with Mountain being a main thoroughfare to the
City rather than the other way around.
Giordano feels very strongly this is an improper zone change for this property. He agrees with Bass and
believes it is a loss of potential low-cost housing and he would much rather see low-cost residential
housing on that property. There are a number of adverse impacts on the B Street Railroad District:
visual, it is one of the entrances to the Railroad District, truck traffic up and down B Street, noise from
vehicles and trucks, dust. He believes this side of Mountain should be kept residential.
Briggs, who had been feeling comfortable with a zone change, is no longer feeling comfortable.
Howe is wondering If we are asked to do a spot zoning, could they do a spot annexation as well. There
is land that has not been considered that is adjacent (across the railroad tracks) that would not disturb
the continuity of the residential area.
Morris said even though the storage yard has always been there, he thought it should stay that way. He
understands Bass and Giordano's points.
McLaughlin said the existing use will stay the same and the City does not have the ability to acquire a
lot elsewhere. The things the Commission is saying about community good is exactly what happened
across from Garfield Park. A portion of the storage area was given over to a community user that the
City of Ashland residents said was important. To compensate, the City went out with additional funds
and had to purchase more land for additional storage. Also, a portion of this property has been
dedicated to the central Ashland bikeway along the railroad tracks. This will allow for another
community use. At some point, the City has to have the land to support its uses. That does not mean
additional landscape could not be added, particularly at the comer.
Giordano did not believe a trade of land was mentioned when the Youth Works was approved. Had he
known that, he is not sure he would have approved i[. He strongly believes this is not a good use of the
land. Whether the bikeway goes through or not, does not really impact whether it is residential or
employment.
ASHLAND PLANNING COMMISSION 9
REGULAR MEETING -
SEPTEMBER 9, 1997
MINUTES
Giordano moved to deny Planning Action 97-091 and Bass seconded the motion. The motion carried
with Gardiner and Jarvis voting "no".
ADJOURNED
The meeting was adjourned at 9:45 p.m.
i
I
ASHLAND PLANNING COMMISSION 10
REGULAR MEETING
SEPTEMBER 9, 1997
MINUTES
ASHLAND PLANNING COMMISSION
HEARINGS BOARD
SEPTEMBER 9, 1997
MINUTES
CALL TO ORDER
The meeting was called to order at 1:35 p.m. by Steve Armitage. Other Commissioners present were
Howe and Morris. Staff present were Molnar, Knox, Harris and Yates.
TYPE II PUBLIC HEARINGS
PLANNING ACTION 97-073
REQUEST FOR A CONDITIONAL USE PERMIT TO ADD ONE ADDITIONAL UNIT (TOTAL OF FIVE)
TO THE ALREADY EXISTING FOUR UNIT PLUS OWNER'S QUARTERS TRAVELLER'S
ACCOMMODATION LOCATED AT 570 SISKIYOU BOULEVARD.
APPLICANT: LAURA SHREWSBURY
Molnar explained there was a public noticing error on this application. Staff is prepared to hold a public
hearing, however, this was not noticed as a public hearing. The notice stated the Staff had granted
administrative approval and it would be heard as a Type I. At this point, a public hearing cannot be held
because it was not noticed as such. Staff's recommendation is for the Hearings Board to call it up for a
public hearing and then it can be noticed as a public hearing and can be heard on October 14, 1997.
LAURA SHREWSBURY said this would be workable.
The Hearings Board called it up for a public hearing and it will be heard on October 14th at the
afternoon Hearings Board meeting. At that time, Staff will have prepared findings for adoption either to
approve or deny.
PLANNING ACTION 97-085
REQUEST FOR A VARIANCE TO ALLOW THE PROPERTY TO ACCOMMODATE THE RAISING OF
FOUR LLAMAS PER ACRE RATHER THAN TWO LIVESTOCK PER ACRE AS REQUIRED BY
ORDINANCE.
APPLICANT: SHERRY T. JOHNSTON/ESTATE REPRESENTATIVE
Site Visits and Ex Parte Contacts
All Commissioners had a site visit. Howe said Johnston showed her around the property, pointing out
various pastures. Armitage noted an odor while visiting the site.
STAFF REPORT
Harris reported on the history of this application as outlined in the Staff Report. She explained under
ordinance that not more than two head of livestock are allowed per acre. The applicant has ten head
over sic months on her property. She would like to increase the number to four per acre which would
allow for 21 llamas. Her application has to meet all three criteria for approval of a Variance. Staff does
not see any unique or unusual circumstances in Johnston's request. With regard to the benefits being
greater than the negative impact, in Staff's opinion, she is asking for a little more than double the
livestock. The negative impacts are greater. Staff sees no benefit to increasing the livestock. In
reviewing the third criteria, the application will not further the purposes in the Comprehensive Plan.
It is apparent from the Code Enforcement's reports, letters and site visits, there are not unique or
unusual circumstances even though the operation is well maintained. The property has had several
code enforcement complaints beginning September 1996. The Code Enforcement Officer's
correspondence has been included in the packet.
Armitage read the letters into the record. The letters were from Roy Marvin, Pleasant View Farm, and
Camille Marsky.
PUBLIC HEARING
SHERRY JOHNSTON, does not want to increase the size of the herd but keep it the same size it is now.
She said the only way to make an income with llamas is to buy the females which have babies. They do
not sell the adults. If nine adult llamas are removed from the property, she will lose around $60,000.
When she stands in front of neighbors homes and sniffs, she cannot smell an odor. She can smell a
manure pile If standing over it. In the back pasture, there are only two llamas and that area is cleaned
everyday. There is a powder that is sprinkled where the llamas urinate to cut the odor. One could have
ten llamas and If they weren't cleaned up after daily, it could smell worse than 20 llamas.
She uses fly traps and a fly parasite program. The people who have the most difficulty seem to live the
farthest away. None of the neighbors had called Johnston except the Davis's to say they had a
problem. Neighbors, as she can see, don't' want any llamas.
RON THURNER, the applicant's representative, responded with a prepared statement. The granting of
the Variance will not decrease property values. Some buyers would prefer being near a farm operation
as it could be more desirable than backing residences. The owner does not intend to increase the
number of llamas. The result of a denial will reduce Johnston's herd and cause redistribution of the herd
while reducing her income. He wants the application to be reviewed on the merits of the criteria as
stated rather than a punitive evaluation.
This site is comprised of irrigated pastureland that historically was used for the raising of livestock and
as such is not typical in our community and therefore, meets the standard for Criteria 1 (unique and
unusual circumstances).
The obvious benefit refuted by Staff regards the comparison of ten versus 21 adult llamas. Staff does
not compare the 21 llamas with the ten horses or cows permitted outright with regard to odor, flies and
noise. Staff has not recognized the conditions that would require the applicant to adhere to
extraordinary farming practices to reduce odors and flies. These practices are possible, in part, due to
the economics of efficiency that come with the current size of the herd.
The Variance application establishes a maximum density for each of the pastures to further reduce
impacts at those pastures adjoining the residences. He would like the Commission and the neighbors to
understand that the herd distribution patterns described in the Herd Management Plan will very likely
become more intensive In the two pastures adjoining the residences most opposed, out of necessity If
the Variance is not granted.
The farming practices and conditions in this application-further the intent and purpose of this ordinance
and the Comprehensive Plan by allowing this mixed use while further establishing certain standards
which must be adhered to which go beyond the normal farming practices which are implied by the lack
of any standards as adjuncts of the zoning regulation.
ASHLAND PLANNING COMMISSION 2
HEARINGS BOARD
SEPTEMBER 9, 1997
MINUTES
I
Thurner said that Ashland's approach to the stipulation of two head of livestock per acre fails to consider
differences between various types of livestock and in the incumbent impacts found with various types. It
fails to stipulate any farming practices. This is the condition or circumstance which is pertinent to this
variance request. It is the condition or circumstance for which the applicant seeks relief and is the basis
which was not willfully or purposely self-imposed.
Howe said when Johnston showed her around the property, certain parts were set aside for certain
sexes and ages. Johnston said two studs are in the north pasture (in back of the house) which are kept
separate from the younger males in the south pasture. The females and the babies are in the largest
pasture. There are more females and babies than there are males.
Johnston said there are 19 adult llamas presently. There can be additional llama babies. Armitage
wondered if a Variance goes with the property. Molnar said generally the approval runs with the
property.
Armitage wondered 'If an analysis has been done comparing, for example, three llamas to one horse.
Molnar explained the applicant could initiate an ordinance change and present an analysis. It would
cost $1300 and take from three to five months to move ahead. The applicant could discuss an
ordinance change with our elected officials to see if they would support it. If the Council is supportive, it
would be up to them to determine how soon it would go on the agenda and that would depend on the
current workload. It would be a time constraint for the City to do an analysis.
Thurner thought a better approach would be to hear this type of variance on a case by case basis where
standards could be applied. He believes there should be additional standards allowing two livestock per
acre with conditioning of farming practices. For example, should the livestock be in a 50 square foot
pen, does R need to be cleaned, how often? Armitage said it would be helpful for him to know if other
cities consider llamas having a different impact than horses.
Howe always thought Criteria #1 (unique or unusual circumstances) related to the land such as slope
and water rather than animals on it. Molnar agreed the most frequent interpretation pertained to
topography, location, etc. Molnar said the Commissioners have a lot of latitude to determine whether or
not it is unique or unusual. He would be in some disagreement with the applicant as to whether or not
the property could be further subdivided. Thurner did not say it could not be done, but there would be
some difficulties with that option. It is not typical to find five acre parcels. That makes it unique.
PUBLIC HEARING
JIM VOLLER, 1365 Tolman Creek, said his property borders Tolman Creek Road and the applicant's
northern pasture, the larger pasture. He has lived there a couple of years and has experienced no
problems. He did not even know she had increased her herd. He has noticed an odor, but it passes
quickly. He has not noticed flies. He would rather have llamas than cows or other buildings.
CAMILA MARKSKY, 972 Old Stage Road, Central Point, said she been to Johnston's ranch several times.
Johnston maintains the ranch and has hired help to do so. Marsky has three acres and has had as
many as 27 llamas on her property at one time. She said llamas are clean animals. Visitors enjoy
visiting her ranch. The visitors would not come back if they smelled bad.
ASHLAND PLANNING COMMISSION 3
HEARINGS BOARD
SEPTEMBER 9, 1997
MINUTES
DAN MILTON, 560 Hamilton Road, Jacksonville, said he has been involved with llamas for 12 years. He
has written articles and lectured on all aspects of llama raising. Llamas have been compared with sheep
and goats as far as density--three llamas to one horse. Studies have been done in the national forests
on the environmental impacts of animals of burden. Llamas have been found to be environmentally safe.
They do not impact the soil or plants. Horses can create a mud pasture in the winter. If four or five
llamas graze on a one acre pasture in the winter and grass still remains. Milton has visited Johnston's
ranch several times. It is a model of a llama operation. Herd management plans are important to
raising llamas.
Armitage asked how many cities/counties did Milton know of that make a distinction between equivalent
number of livestock. Milton has talked with a dozen people getting llamas categorized either as a horse
or as a goat and in all cases, they always got categorized as goats.
MARILYN MILTON, 560 Hamilton Road, Jacksonville, said she rarely hears comments about how much
llamas smell. They receive comments about how little they smell. As soon as Johnston found out she
was violating the ordinances she boarded the llamas with the Miltons. She did not believe being next to
a llama property will bring house values down.
ESTELLE VOLLER, 1365 Tolman Creek Road, lives directly north of the ranch. She has not smelled an
odor for months until two days ago. They do not find it offensive. It is just part of agriculture that will
cause smells but they rarely smell anything peculiar to the llamas. Her concern is the operation be kept
financially viable so Johnston can maintain the same level of care. Voller is concerned that she could
have a lot of cows or other animals. In the past, they have allowed Johnston to use some of their land.
They have a lot of neighbors that come by and visit the llamas.
HAROLD PARKER said he has stayed at Johnston's guest house. His bedroom faced the north pasture
housing the male llamas. In his coming and going from the residence he has noticed no odor. If there
is an occasional dropping, he will notice the odor. There is no noise that keeps him up at night or
wakes him up in the morning like some dogs do in the neighborhood. He cannot see why the Variance
should not be approved. He sees tourists stop and enjoy the llamas.
Armitage read comments from LAWRENCE R. OLSON, 2365 Lupine Drive, who opposes the proposal
and from BERNICE STRUSE, 1378 Tolman Creek Road who also opposes the proposal.
KEN MICKELSON, 2370 Lupine Drive, stated the applicant failed to meet the three criteria. The land is
no different than any other land in Ashland. It is not a unique piece of property. There are many other
acreages on which llamas can be raised, for example, in the county.
Will the benefits be greater than the negative impact? There is no benefit to having increased llamas to
the neighborhood. He lives directly adjacent to the west pasture. He realizes the property can be
subdivided. He is not opposed to having 10 llamas nor the property subdivided. He is asking for what
is appropriate and in accord with the ordinance. Johnston's present herd is in violation of the City code.
Mickelson has lived in agricultural country and knows when the number of animals, no matter what kind
increase, the smell will increase. He smells the odor all the time. He likes to spend time outside and
has at times, been driven indoors from the smell. The smell was never there before the llamas arrived.
He believes Ms. Johnston has brought much of this on herself. it was a self-imposed situation. If she
had checked, she would have found out she was only allowed two head per acre.
I
ASHLAND PLANNING COMMISSION 4
HEARINGS BOARD
SEPTEMBER 9, 1997
MINUTES
Johnston has stated this operation provides her income. Is a commercial business allowed in an R-1
zone? Molnar said the only provision is for a home occupation with strict requirements governing that.
Mickelson submitted she is operating a commercial business and she has said she needs 20 llamas to
make it a viable farm operation. That is not appropriate in an R-1 zone. He would support whatever
number is allowed under ordinance.
He noted the code enforcement officer has been working on this for the past nine months, therefore this
is not a unique situation. In summary, she has not met the three criteria and is very much opposed to
granting of the Variance.
LESLIE DAVIS, 1407 Tolman Creek Road, said he lives directly in front of Johnston's house. He has
lived there for 18 years. There have never been any animals on the property until Ms. Johnston brought
the llamas. His house is less than 50 feet from the pasture and four males lay on the fence every
morning. When the wind blows and if his window is open to air out his house, the llama odor is
offensive. They have had company move to a motel because they could not stand the smell. Johnston
does maintain the property everyday but that is not enough. When it rains and the wind blows, there is
a dirty, wet hair odor. He does not think it is possible to get rid of the urine smell.
JEAN DAVIS, 1407 Tolman Creek Road, has lived on Tolman Creek Rd. since 1951. She said perhaps
they have become acclimated to the odor but every guest they have ask how they can tolerate the odor.
Johnston does everything she can to keep her pasture clean but there are only 2.4 acres of pasture.
There are at least 24 llamas there, including babies, all the time.
Staff Response
Molnar said most of the testimony is focusing on the negative impacts. That has been the biggest issue
for Staff over the past six to nine months. The impacts are associated with the use and it is reasonable
to assume doubling the density would exacerbate such impacts. While there has been a lot of testimony
regarding the proportionality of the impacts of the llama versus three horses, the findings submitted by
the applicant do not show evidence or analysis of that. Staff wants to make sure a decision made by
the Hearings Board can be sustained in the event this application is appealed. In absence of any other
information being presented, Staff is not convinced the increased density is appropriate. Molnar said the
ordinance states mixed uses will be acceptable if the practices are not disruptive to the standard of living
the residents are used to.
Howe wondered about the commercial operation. Molnar said they have not pursued this property as a
commercial use. Their code enforcement has been to make sure the density numbers comply. The
only thing they can go by is the home occupation which would not allow for the retail sale of a product
on the site and limited to one full-time employee, eight cars per day, and visibility of equipment. The
intent of the home occupation is not to infringe on neighboring residents.
Rebuttal
THURNER said Johnston does have a business license. Because Staff has a limited description as to
where this fits, speaks to the issue itself. There is a presumption the raising of livestock would be for the
sale of the livestock itself or the products generated by the livestock. Johnston has not been guilty of
having eight clients a day. Thurner thinks the opposing neighbors do not think animals have a place in
residential zones. It is an outright permitted use.
ASHLAND PLANNING COMMISSION 5
HEARINGS BOARD
SEPTEMBER 9, 1997
MINUTES
Benefits versus the negative impacts: The code says it is alright to have animals in a residential zone.
He does not have any additional information comparing differences in odors from cows defecating
versus a llama defecating. What is easily recognized, is there anyone raising cows who removes cow
piles everyday? The impacts because of standard farming practices that are employed, one could have
ten horses or ten cows.
Johnston suggested a compromise by having only 16 adult llamas. This is not a commercial operation
but a small llama operation.
Molnar said the Hearings Board has the power to approve, deny or condition. They could reduce the
number of llamas by conditioning.
Johnston said she takes the llamas off-site to sell them. Thurner said someone could come to the
property but the that would be minimal.
COMMISSIONERS DISCUSSION AND MOTION
Morris can't say the benefits would be greater than the negative impacts. He questioned whether or not
it is a ranch. He cannot see any benefit of going to 18. The operation has outgrown the area it is in
now.
Howe noted that there are no site specific conditions that make it impossible for the applicant to live up
to the City standards under Criteria #1. Two livestock per acre can work. Howe feels the code is not
adequate to cover the standards of having minimal impact animals. The benefit to the City would be the
diversity of experience in Ashland which does not outweigh the problems that have been brought up.
Howe believes the conditions have been self-imposed. It is Johnston's personal choice to sell the
animals, however, Howe does not believe she is trying to thwart the law.
Armitage said this is a well-kept operation and he would like to find a way to approve it but does not
believe it meets the criteria for approval. He could possibly stretch unique and unusual circumstances.
He finds it impossible to come up with something that would stand for Criteria #2 and #3. There is no
doubt that 20 cows would create more problems than 20 llamas. He believes the best avenue would be
to fix the ordinance.
i
Howe moved to deny the Variance request for PA97-085. Morris seconded the motion and it carried
unanimously.
PLANNING ACTION 97-082
REQUEST FOR A VARIANCE TO ALLOW THE HEIGHT OF THE EXISTING ROCK WALL TO REMAIN
AT 60 INCHES (FRONT YARD), 18 INCHES ABOVE WHAT IS REQUIRED BY ORDINANCE AT 872 B
STREET. THE ROCK WALL WITHIN THE SIDE YARD IS TO REMAIN AT A HEIGHT OF 42 INCHES.
APPLICANT: DAN HELLER/MARY BETH BURTON
Site Visits and Ex Parte Contacts
i
Morris had a site visit and talked with the builder.
Armitage had a site visit. His family uses the services of Ms. Burton but that will not influence his
ASHLAND PLANNING COMMISSION 6
HEARINGS BOARD
SEPTEMBER 9, 1997
MINUTES
decision.
Howe had a site visit.
STAFF PERMIT
The history of this application is outlined in the Staff Report. This is a difficult application because the
wall represents a formidable structure made out of stone. It took a great deal of time to construct it. It
is on a highly visible and well-travelled street. Staff does not have any reason to believe the applicant
proceeded without the verbal approval of the Building Inspector at the time who was Everett Murrell.
That is the unique circumstance surrounding this application. The issue here is what happened in 1990.
One intent of the fence or wall height ordinance Is safety. Staff feels the safety issue does not apply in
this case because the most recent application for site review, no driveway openings were requested off
B Street. In order to reduce the barrier effect, the applicant has sawed an opening in the wall in order to
allow access to the front yard from B Street. The applicant is agreeable to bringing down the height of
the large hedge behind the wall as requested by the Historic Commission. Staff did not feel this was
purposely self-imposed. It was the applicant's intention to comply with City code. Staff has not heard
any complaints over the past eight years about the wall.
Knox reported the Historic Commission reviewed the application and they approved with conditions.
They would like to have the hedge that grows behind the wall reduced to three and one-half feet, thus
increasing the visibility of the house. Also, they asked that any return walls be at the required height and
reviewed by the Historic Commission. They also wanted the opening widened to a minimum of six feet
but preferably nine to ten feet. The house is attractive and the Historic Commission would like it to be
seen.
PUBLIC HEARING
DAN HELLER/MARY BETH BURTON, 872 B Street, explained that in 1990 things were looser as far as
regulations. He checked with the City Building Inspector, Everett Murrell, and with a wave of his hand,
Heller was sent off to build a wall. He didn't hear any criticism at that time. The wall had been there for
seven years and with the application to build a new house came the whole issue of the wall height. The
inside of the wall is exactly 42 inches. During the summer, when it was time to do City hook-ups for
water and sewer, he asked McLaughlin If he would be required to cut a hole in the wall for services. He
had a choice of running it from the old house or from the street. He chose to run it from the street. He
made a four foot opening in the wall and he wanted to put a return in for a foot or two. He would like to
keep the wall at the same height as the wall for the return. He is agreeable to keeping the opening so
people can walk through it, but he does not want it wider. He does not agree with lowering the,
vegetation but he will be happy to maintain it had a reasonable height.
BURTON addressed the criteria. The unusual circumstance is that the wall exists and the height behind
the wall is 42 inches. The benefits versus negative impacts are there have been no complaints about the
wall to the Hellers or the City. They have been around to talk with the neighbors to see if anyone had a
problem. No one does. They collected signatures of people in favor of keeping the wall. The
conditions have not been willfully self-imposed. They were told it was okay to build the wall.
Howe noticed quite a few stones have fallen out of the wall. Can they be replaced? Heller said some
fell while cutting the opening but he has been waiting for the City to approve before fixing. Howe
wondered how Heller felt about the opening. Heller said it is usually four to five feet wide. He thought
ASHLAND PLANNING COMMISSION 7
HEARINGS BOARD
SEPTEMBER 9,1997
MINUTES
four feet seemed appropriate.
Written comments were submitted by:
BILLL DANLY, 871 B Street
STEVE SNORE, 1032 Bellview Avenue
LARRY ADDINGTON, P. O. Box 982
SHANNON RIO, 872 B Street
STEVE SACHS, 259 B Street, would like the wall left as it is. The wall enhances the neighborhood.
COMMISSIONERS DISCUSSION AND MOTION
Howe feels Criteria #1 is satisfied. Enforcement of the existing code was not uniform. He was assured
by the City it was permissible to build. Criteria #2: There is a beneficial impact and they were going by
what they were told were the City requirements. Criteria #3: the circumstances were not willfully or
purposefully self-imposed.
Morris agreed.
Armitage questioned only the unique or unusual circumstances. There was an ordinance, however, Staff
has said there is no reason not to believe the applicant. He does not believe the Hearings Board needs
to get into redesigning the wall. He understands Heller will finish the design in the way he sees fit and
that satisfies Armitage. Cutting the hedge below the wall does not make sense. Armitage heard the
applicant state he would do some trimming. The point being made to the applicant is that people want
to see his house. He also understood the opening will not be gated. Heller said he did not intend to
gate the opening.
Morris moved to approve PA97-082 with no Conditions. Howe seconded the motion and it carried
unanimously.
TYPE I PLANNING ACTIONS
PLANNING ACTION 97-080
REQUEST FOR FINAL PLAN APPROVAL FOR PHASE II (EIGHT UNITS) OF A 40 LOT SUBDIVISION
UNDER THE PERFORMANCE STANDARDS OPTION LOCATED AT 2225 SISKIYOU BOULEVARD.
APPLICANT: HARLAN DEGROODT
This action was approved.
PLANNING ACTION 97-083
REQUEST FOR A CONDITIONAL USE PERMIT FOR AN ACCESSORY RESIDENTIAL STRUCTURE
LOCATED AT 908 FOX STREET. THE UNIT IS TO BE LOCATED ABOVE A PROPOSED TWO-CAR
GARAGE.
APPLICANT: ARNOLD BLEICHER AND MARGARET GARRINGTON
This action was approved.
ASHLAND PLANNING COMMISSION B
HEARINGS BOARD
SEPTEMBER 9, 1997
MINUTES
PLANNING ACTION 97-084
REQUEST FOR A THREE-LOT MINOR LAND PARTITION AT 610 ASHLAND STREET. THE
PROPOSAL INCLUDES THE EXTENSION AND IMPROVEMENT OF A PORTION OF FOREST
STREET EAST OF WELLER LANE.
APPLICANT: STEVE MORJIG
This action was called up for a public hearing.
PLANNING ACTION 97-089
REQUEST FOR A MINOR LAND PARTITION TO DIVIDE A PARCEL INTO TWO LOTS AT 374
HELMAN STREET. THE REAR LOT TO BE ACCESSED BY WAY OF A FLAG DRIVE ON THE
NORTH SIDE OF THE LOT.
APPLICANT: RICK LANDT
This action was called up for a public hearing.
ADJOURNMENT
The meeting was adjourned at 4:45 p.m
ASHLAND PLANNING COMMISSION 9
HEARINGS BOARD
SEPTEMBER 9, 1997
MINUTES
Monthly Building Activity Report : X0'8%97 ' Page 1
# Units Value
SINGLE/MULTI-FAMILY & TOURIST ACCOMODATIONS :
Building:
ACCESSORY RES UNIT 1 28, 744
ADDENDUM TO 9707067 1 0
ADDENDUM TO #9707077 1 0
ADDENDUM TO 9704092 1 0
ADDENDUM TO 9707048 1 0
ADDENDUM TO 9707074 1 0
ADDENDUM TO CARPORT 1 -8, 000
ADDENDUM (BASEMENT ADDN) 1 0
ADDENDUM/PERMIT 9707073 1 0
ADDITION 2 87, 312
CARPORT 2 7, 021
DEMOLITION OF GARAGE 1 0
FENCE 3 7, 950
GARAGE CONVERSION 1 18, 000
MANUFACTURED HOME 1 40, 716
REMODEL & ADDITION 3 190, 231
REMODEL/ADDN/ADDENDUM 1 3, 000
REPLACE FRONT PORCH 1 1, 800
REPLACE PATIO COVER 1 2, 500
REPLACE PORCHES 1 3, 000
REPLACE WINDOWS 1 3 , 500
REROOF & REPL/ADD PORCHES 1 3, 500
REROOF/REPAIR DOWNSPOUTS 1 200, 000
RETAINING WALL 1 7, 000
ROOFING 1 4, 050
SFR 12 1, 734 ,454
Subtotal : $ 2, 334 , 778
Electrical :
ELECTRIC 4 5, 445
ENTRY VOIDING 9707054 -1 -3 , 500
SERVICE & 3 BRANCH CIRCS 1 1, 000
TEMP POWER POLE 1 150
Subtotal : $ 3 , 095
Mechanical :
AIR CONDITIONER/1 BR CIR 1 3 , 019
GAS FIREPLACE & LINE 1 400
Monthly Building Activity Report : 08/97 Page 2
# Units Value
SINGLE/MULTI-FAMILY & TOURIST ACCOMODATIONS :
Mechanical :
GAS LINE & FURNACE 1 865
GAS LINE TO RANGE 1 350
GAS LINE/FURNACE/AC 1 4 , 100
GAS LINE/GAS FURNACE 1 3 , 299
GAS WATER HEATER 1 700
GFAU 1 1, 800
GFAU/AC 1 5, 700
Subtotal : $ 20, 233
Plumbing:
3 BACKFLOW DEVICES 1 600
BACKFLOW DEVICE 3 1, 030
REPIPE FIXTURES - WATER 1 11000
REPLACE PLBG FIXTURES 1 2, 000
SEWER LINE 2 1, 400
SPRINKLER SYSTEM/1 BR CIR 1 500
Subtotal : $ 6 , 530
***Total : $ 2, 364, 636
COMMERCIAL:
Building:
ENTRY VOIDING 9708048 -1 0
FENCE 1 1, 000
FIRE SPRINKLER SYSTEM 1 33 , 000
LAUNDRY ROOM 1 25, 000
MINI STORAGE #1 1 192, 627
REMODEL 1 2, 500
REMODEL & ADDITION 1 22, 000
REROOF ASHLAND HS BIG GYM 1 60, 000
VOIDED ON 08/22/97 1 0
Subtotal : $ 336, 127
Electrical :
ALARM SYSTEM 2 959
ELECTRIC 2 1, 214
Subtotal : $ 2, 173
***Total : $ 338, 300
Monthly Building Activity Report : 08/97 Page 3
Total this month: 81 $ 2, 702 , 936
Total this month last year: 111 $ 2 , 189, 319
Total year to date : 175 $ 5, 037, 871
Total last year: 205 $ 6, 549, 369
This month This month This year
last year
Total Fees : 27, 114 25, 599 51, 904
Total Inspections : 661 735 1391
NEW CONSTRUCTION: 8/97
RESIDENTIAL
PAGE NO. 1
10/07/97
ADDRESS #UNITS CONTRACTOR VALUATION
** ACCESSORY RES UNIT
661 CLAY ST GRAY, D. - CONSTRUCTION 28744 . 00
** Subtotal **
28744 . 00
** CARPORT
1030 ASHLAND ST OWNER 3842 . 00
655 TOLMAN CREEK RD OWNER 3179 . 00
** Subtotal **
7021 . 00
** MANUFACTURED HOME
321 CLAY ST113 HOMES AMERICA 40716 . 00
** Subtotal **
40716 . 00
** SFR
908 MARY JANE AV ASHER, STEVEN DBA ASHER 140000 . 00
HOMES
914 MARY JANE AV ASHER, STEVEN DBA ASHER 140000 . 00
HOMES
406 MERRILL CR VANDERLIND, LARRY 365968 . 00
CONSTRUCTION
311 TERRACE ST BUCK MUNSON 170000 . 00
856 MOUNTAIN MEADOWS DR MEDINGER CONST. CO. INC. 115000 . 00
279 NINTH STREET ALLEY MEDINGER CONST. CO. INC. 91000 . 00
657 CLAY ST OWNER 98486 . 00
251 MEADOW DR L. B. BOVEE CONST 108500 . 00
253 MEADOW DR L. B. BOVEE CONST 108500 . 00
257 MEADOW DR L. B. BOVEE CONST 108500 . 00
259 MEADOW DR L. B. BOVEE CONST 108500 . 00
230 PIEDMONT DR LAURSEN, ERIC - 180000 . 00
CONSTRUCTION
** Subtotal **
1734454 . 00
*** Total ***
1810935 . 00
NEW CONSTRUCTION: 8/97
COMMERCIAL
PAGE NO. 1
10/07/97
ADDRESS #UNITS CONTRACTOR VALUATION
** LAUNDRY ROOM
1565 SISKIYOU BV OWNER 25000 . 00
** Subtotal **
25000 . 00
** MINI STORAGE #1
1095 BENSON WY TONEY, JERRY CONST. INC. 192627 . 00
** Subtotal **
192627 . 00
*** Total ***
217627 . 00
Monthly Building Activity Report : 09/97 Page 1
# Units Value
SINGLE/MULTI-FAMILY & TOURIST ACCOMODATIONS :
Building:
ACCESSORY RES UNIT 1 24 , 829
ADDENDUM TO 9705063 1 0
ADDENDUM/PERMIT #9706062 1 0
ADDENDUM/PERMIT 9608084 1 0
ADDENDUM/PERMIT 9706054 1 0
ADDENDUM/PERMIT 9709005 1 0
ADDITION 5 105, 850
ADDITION/PERMIT 9709007 1 14 , 742
DECK, REAR 1 5, 000
ENTRY VOIDING 9705070 -1 -2 , 444
FENCE 5 14 , 885
FIRE SPRINKLER SYSTEM 1 3 , 900
POOL & RETAINING WALL 1 17, 000
REMODEL 2 80 , 000
REMODEL & ADDITION 2 138, 000
REROOF 1 10, 000
REWIRE/REPLUMB/GFAU 1 4 , 000
SFR 11 1, 612 , 152
SOLAR WATER HEATER 1 2 , 800
SPECIAL INSPECT/SDC COUNT 1 0
SPECIAL INSPECTION/SDC 1 0
Subtotal : $ 2 , 030 , 714
Electrical :
2 BR CIR FOR FURNACE/AC 1 250
3 BRANCH CIRCUITS 1 600
ELECT ADDENDUM/9706075 1 2 , 500
ELECT FOR AUDIO SYSTEM 1 1, 100
SERVICE + 1 BR CIR 2 1, 908
SERVICE CHANGE 2 1, 700
SERVICE CHANGE + 10 BR CR 1 2 , 200
SERVICE CHANGE + 6 BR CIR 1 600
SERVICE CHANGE + 7 BR CIR 1 3 , 800
Subtotal : $ 14 , 658
Mechanical :
CHIMNEY PRE-INSPECTION 1 0
GAS FURNACE/DUCTING ONLY 1 3, 306
Monthly Building Activity Report : 09/97 Page 2
# Units Value
SINGLE/MULTI-FAMILY & TOURIST ACCOMODATIONS :
Mechanical :
GAS LINE/DRYER/GAS LOG 1 250
GAS LINE/FURNACE/l BR CIR 2 7, 780
GAS LINE/FURNACE/AC 1 4 , 400
GAS LINE/GAS FURNACE 3 6 , 650
GAS LINE/GAS STOVE 1 2 , 250
GAS LINE/RANGE/DRYER 1 500
GAS LINE/WTR HTR/GAS FURN 1 50
GAS WALL FURNACE 1 779
REROUTE GAS LINE 1 250
Subtotal : $ 26 , 215
Plumbing:
ABANDON SEPTIC TANK 1 100
ADD LAV/TOLIET/MOVE WASHR 1 1, 000
BACKFLOW DEVICE 6 1, 750
ELECTRIC WTR HTR REPLACE 1 300
RELOCATE SEWER LINE 1 400
REPLACE WATER HEATER 2 600
REPLUMB WASHER/DRYER/SINK 1 1, 500
SEWER LINE 1 3 , 000
SHOWER 1 250
Subtotal : $ 8, 900
***Total : $ 2 , 080, 487
COMMERCIAL:
Building:
ADDEND TO REMOVE FIXTURES 1 0
AIRPLANE HANGER 1 20, 000
AIRPLANE HANGER "A" 1 20, 000
DEMOLITION OF SHED 1 0
FIRE SPRINKLER SYSTEM 1 22 , 438
INTERIOR REMODEL 1 5 , 500
OFFICE/WAREHOUSE 1 85 , 000
REROOF 1 76, 368
STORAGE/OFFICE/APARTMENT 1 153 , 908
TRASH ENCLOSURE 1 2 , 000
Subtotal : $ 385, 214
Electrical :
1 BRANCH CIRCUIT/LIGHT 1 200
Monthly Building Activity Report : 09/97 Page 3
# Units Value
COMMERCIAL:
Electrical :
REWIRE COMMERCIAL SPACE 1 1, 500
REWIRE-SUSANNE HOMES HALL 1 200, 000
SERVICE CHANGE 1 750
SERVICE FOR TRAFFIC SIGNL 1 2 , 300
Subtotal : $ 204 , 750
Mechanical :
AIR HANDLER/REPLACE DUCTS 1 1, 422
GAS LINE/FURNACE/AIR COND 1 5, 497
GAS LINES/FURNACES/AC (2) 1 11, 500
Subtotal : $ 18, 419
Plumbing:
BACKFLOW DEVICE 1 240
Subtotal : $ 240
***Total : $ 608, 623
Total this month: 100 $ 2 , 689, 110
Total this month last year: 112 $ 2, 448, 742
Total year to date : 275 $ 7, 726, 981
Total last year: 317 $ 8, 998, 112
This month This month This year
last year
Total Fees : 28, 092 26 , 885 79, 996
Total Inspections : 725 648 2116
• NEW CONSTRUCTION: 9/97
RESIDENTIAL
PAGE NO. 1
10/09/97
ADDRESS #UNITS CONTRACTOR VALUATION
** ACCESSORY RES UNIT
431 LIBERTY ST SHOSTROM BROS .LTD. 24829 . 00
** Subtotal **
24829 . 00
** SFR
2640 TAKELMA WY MUNSON CONSTRUCTION 115000 . 00
355 ASHLAND LOOP RD REICHENSHAMMER, C.A. - 360000 . 00
BUILDER
640 IOWA ST MERRICK, RANDY - 89129 . 00
CONSTRUCTION
210 PIEDMONT DR4 ASHER, STEVEN DBA ASHER 163886 . 00
HOMES
1320 ASHLAND MINE RD LUND II, ROBERT 150000 . 00
CONSTRUCTION
1650 PEACHEY RD ROSS HOMES 128068 . 00
215 PIEDMONT DR MORJIG, STEVE 165000 . 00
222 VILLAGE PARK DR M. ROCK 77375 . 00
646 IOWA ST MERRICK, RANDY - 91407 . 00
CONSTRUCTION
210 SUNNYVIEW ST ASHER, STEVEN DBA ASHER 156503 . 00
HOMES
187 CRISPIN ST PIMENTEL, ANDY 115784 . 00
** Subtotal **
1612152 . 00
*** Total ***
1636981 . 00
NEW CONSTRUCTION: 9/97
COMMERCIAL
PAGE NO. 1
10/09/97
ADDRESS #UNITS CONTRACTOR VALUATION
** AIRPLANE HANGER
401 DEAD INDIAN RDB OWNER 20000 . 00
** Subtotal **
20000 . 00
** AIRPLANE HANGER "A"
401 DEAD INDIAN RD OWNER 20000 . 00
** Subtotal **
20000 . 00
• ** OFFICE/WAREHOUSE
1085 BENSON WY TONEY, JERRY CONST. INC. 85000 . 00
** Subtotal **
85000 . 00
** STORAGE/OFFICE/APARTMENT
1095 BENSON WY TONEY, JERRY CONST. INC. 153908 . 00
** Subtotal **
153908 . 00
*** Total ***
278908 . 00
f
,MONTHLY
- _- ASHLAND
POLICE
R E P O R T
Vol. 2 No. 9 Linda Hoggatt, Editor
September, 1997
one of those crimes can drastically affect scheduling class; Supervision training,
the lives of 15, 16 and 17 year old youth, mid management training, personnel law,
�--- r as well as bringing in speakers from local computer training, and the Oregon
law enforcement agencies and judicial 1 Juvenile Justice Conference.
system professions.
Teri continues to be involved in other Statistics
school activities on the High School
campus as well as the Middle School and
p - Jan continues her important role in SEPTEMBER"""
counseling youth experiencing their first PART 1 CRIME 1997 1996
/ touch with law enforcement.
Homicide 0 1
These partnerships are only two small Rape 4 1
segments of the public oriented role APD Robbery 6 6
I plays in our community, but both Agg. Assault 0 1
extremely valuable. Keep up the good i Burglary
work ladies. Residential 45 69
Non-residential 40 8
APD and Shoplifting 103 136
Murder suspect Theft from MV 103 70
School arrested b APD MV Parts-accessories 44 51
Y Bicycle Theft 73 70
partnership DeteCtlVesl Theft from building 28 30
jumps into full Other Thefts 189 154
Motor Vehicle thefts 14 24
Detectives from APD arrested a suspect Arson 8 3
swing on a warrant out of Westminster, TOTALS 657 624
California was wanted for
operation. "murder/homicide. Having gotten a tip Calls for Service
from an informant of the suspect being in Se t97 Sept 96
Late Auoust and early Ashland, the Westminster Police p p
September has been a Department contacted A.M- a„v Uie arrest o. -
ni(.�. . 820 709
busy time for School was made, Med!cal Cats ,25 141
Resource Officer(Teri Fire Calls 20 22
DeSilva) and Youth The suspect had taken been st=yinq with 911 Calls 506 414
Diversion Officer(Jan an Ashland citizen who had ta.-.en f e 911 class Off” 4 35
Janssen). These ladies man in, having had car troubles and 911 Incoming Pass
have teamed up to present convincing her he was down on his luck. I Off Calls' 18 0
"Youth and the Law" at guess my message here is, continue to -" (to another 911 center)
Ashland High School in a be a community that reaches out to those (from another 911 center)
team teaching effort. in need, but be mindful of and limiting in
the risk you take.
The class is a pilot project Strategic Plan
for the having 32 students for APD �r�lllln Process Completed
having 32 students
currently enrolled. g' by APD
Curriculum, developed by
both Teri and Jan has 320 Hours of Training were held during
already covered topics the month of September 1997 iih 10 The strategic Planning process begun in
ranging from the new Zero people attending training. An example of late May has been completed. The
Tolerance Policy for drug the types of training attended were booklet lays out a plan for Ashland Police
and alcohol, Measure 11 NENA-911 Conference, LEDS from 1997 through the year 2000. The
and how the conviction of conference, FBI National Academy book we held up for distribution until our
annual training (domestic terrorism),
new Chief had an opportunity to utilize the parking in the upper area The Park Patrol program has
review the document and affirm that of the park to reduce the congestion downsized, closing for winter month
the goals and objectives set forth in downtown. Come down and enjoy right after Labor Day.
the plan were acceptable. the first of our Holiday Season
parades. The second CAP position (Tom
Sixteen action items have been Cook) has returned to patrol duties
identified as projects to work on bring that program down to one
within the next 3 years. Uniform Committee continuing CAP officer(Kevin Flynn)
Hard at Work Kevin continues to meet with
business owners to answer their
One of the action plan developed in questions and assist where I necessary as well as cover the park
the Strategic Plan recently was j area.
uniforms. In a polling of all police
personnel it was noted that the During September CAP/Park Patrol
uniforms currently used are not made 156 contacts and issued 27
holding up well to everyday wear, are
"pilling" where the nylon/velcro belts citations.
are rubbing, and universally disliked j The year as a whole was very
by staff. successful, due in large part to a
Winburn Way With this information brought forward seasoned park patrol staff.
a committee was developed,to look
Construction into other uniforms options that COP on the BEAT
would meet the needs of officers and
com X11 icates look good at all times. Another
~ criteria given to the committee was iL WHO: Randy
Halloween that purchase of uniforms must be I Snow, 42
Planning able to be accomplished within the POSITION:current budget.
Detective. Randy
Planning has begun for the annual The committee, headed by Sergeant has been a
Halloween festivities (children's Brooks has gathered samples from detective with
parade and evening celebrants) but numerous sources and is considering He h for 9 years.
with a twist. The closure of Winburn three options which they will be He has
Way or bridge construction specialized
Y 9 presenting to Chief Reuter for in
eliminates a large area where the review. trainin homicide, narcotics (formerr
children and their parents would assignment to JACNET) and
normally gather and assemble for the Another new arrival advanced investigations as well as
parade to begin. domestic violence/child abuse
In an effort to keep the traffic flow at AP® incidents.
open as much as possible for the
downtown merchants and still keep a Police receptionist Kelly Haptonstail PERSONAL: Randy is the
safe location for the crowd to gather, has had her baby. Emily Maureen director/advisor of the Ashland Police
we have developed a plan. The Haptonstall is up to a whopping 6 Explorer Post, working with you who
traffic will still be detoured to Water pounds now. She arrived September have an interest in law enforcement.
street, as in the past, to B Street, 22, Slb 14 oz with a full head of black He married his high school sweet
bypassing the parade. The paraders hair. Emily is cute as a button and heart and has two children. Sports
will gather at the playground area of looks a lot like her mama. Kelly will play an important role in Randy's life,
Lithia Park and proceed via the be on maternity leave until sometime ranging from water skiing to
pathway to the plaza and into the around Thanksgiving. basketball, baseball and physical
Street, beginning the parade. Once Congratulations Kelly fitness.
the parade is started we will allow ROAD TO POLICING: Randy's
vehicular traffic to move following the CAP and PARK interest in law enforcement began
parade, thus opening up to normal probably when he was in the Arm
traffic as soon as possible. The PATROL and developed more while he was in
parade will end at Gresharn Street r+ �q p
with the crowd dispersing to the PROGRAMS college at Rogue Community College
sidewalks on either side t�� and SOSC. He has been with the
DOWNSIZE FOR department 17 years, beginning his
The parade will begin at 3:30 this career with September 23, 1980.
year. Paraders are encouraged to WINTER
CITY OF ASHLAND
Department of Public Works
a
Engineering Division
MEMORANDUM ... REGO�
DATE: October 15, 1997
TO: Mayor Golden and City Council
FROM: James H. Olson, Assistant City Engineer/City Surveyor
RE: Ashland Street Quitclaim Deed
REQUEST:
Approve and sign the attached quitclaim deed releasing the City's interest in a portion
of the unopened Ashland Street right-of-way adjacent to 512 Herbert Street.
BACKGROUND:
In 1890, Ashland Street between Terrace Street and Guthrie Street, was deeded to the
City by McIntire, Albright, High and Taylor. The original street was described as being
40 feet wide, centered along the section line between Sections 9 and 16 (see attached
map). The right-of-way was never opened as the connections to Terrace and Guthrie
Street are too steep for vehicular travel. The right-of-way was, however, used for a
water main corridor.
The recent sale of the property at 512 Herbert Street (39-1 E-09CD Tax Lot 3600)
precipitated a title report to be issued for the property. The description of lot 3600
extended to the centerline of Ashland Street. While this is not uncommon in Ashland it
did give cause for concern and prompted the Jackson County Title Company to delve
into the chain of title to see if another conveyance existed. It was reported by the title
company that none of the original 1890 grantors had ever held title to any property north
of the section line (Section 9), therefore, even though a 40-foot wide street is described
the Grantors could not deed property they did not have title to. Only the 20-foot wide
section south of the Section line was passed on to the City. A very thorough search of
the City's records by the Engineering Division supports this finding.
This oversight was difficult to determine and required extensive research to unearth.
Because of the very early date of the deed (1890), numerous deeds were required to be
traced and examined. Even a 1977 lot book report commissioned by the City (copy
attached) supported the existence of a 40-foot wide Ashland Street in this area.
PAGE 1—(c:engineer\ashgdeed.Mem1
CONDITIONS:
Since the City currently has a 10-inch water transmission line through this area and will
be adding a 20-inch line in the very near future, it is necessary to create an easement
or right-of-way over the missing street width. The owner was not receptive to granting
an easement or right-of-way for the full 20-foot width. He did, however consent to
granting a 15-foot wide easement for the water lines (both current and future) along with
extending an access easement through the width of the 20-foot parcel. No consideration
was given for future street construction. Due to the extreme steep slopes it is doubtful
that the right-of-way would ever be considered or used for street purposes. The
conditions offered by the owner's through their attorney, Allen Drescher, are acceptable
from a public works viewpoint.
CONCLUSION:
It is recommended that City Council approve and sign the attached quitclaim deed
acknowledging the City's lack of right-of-way north of the section line over lot 39-1E-
09CD Tax Lot 3600. The deed also acknowledges the City's two easements (water lines
and access) which will be created and recorded prior to recording the quitclaim deed.
i
PAGE 2- (c:engineer\ashgdeed.Mem)
,
CT.TY OF ASHLAND STATL- OF OREGON,
- 0 N -- -- -- - - - - y
20 N MAIN ST Count of__^ —_ ss.
9/b d----- ----------
p5F¢,1efm OR 97520 —--------' 1 certify that the within insttvmenr �
dnnto/e wm.aM•ear... was receive or record on a —_ da
IAN_S BETSY-WESSLER - _- y
—°
of--°---- ------. 19-----.at
_18�E ST --- — — — - -- —.._.. in
ASHr,AND_O[t_97520
C..mc'.-nvn.ins amiraa-- poet-it"Fox Note 7671 O11/Q-/b P�9re+r� ge
lutr r.mmina realm m pm...,•ddr.w,aPt:
TO From .
coin.
Photo Phones Ity
Unla Mtuee ee..n.:...rna N w.emmmeno m p4nw,Address,Me Fax a Pax e
-- ---- --- -- —�- By -- ---•Deputy.
OUMCLAIM DEED
KNOW ALL BY THESE PRESENTS that_S,IMY 9F ?e a Jt_a i C_' corooration
hereinafter called grantor,for the consideration hereinafter stated,does hereby remise, release and forcve uitelatm.unt —
gF� Y—x,__4@ESS Rand IAN D_,WESSLE_R, wife and husband_
as tenants by the ent3.rVy --
hereinafter called graulce,and unto grantee's heirs,successors and assigns,all of the grantor's right, title and interest In'that certain
real property, with the tenements, hereditarncnts and appurtenances thereunto belouging or in any way appertaining, situated m
—J2ICKSSdi.-- —_ County,State of Oregon,descnbcd as follows,to-wit:
The southerly 20` of the falllawing described pacperty:
Beginning at a point from which the southwest caner of the SQVUXOset Quarter of the
SouUsaest DA%ter of Section 9, Tiowtuhip 39 South, Range 1 East of the WiLlamatte M=3&m
in Jackson County, Oregon, bears Sotrth 89.47' West, 499.0 feet distant; thanos Ivt:a th 00171
West 132.0 feat; ther,oe South 89947, West 200.0 feet; txrm South 0e171 East 132.0 feet:
theme North 89047' Fast 200.0 feet to the poinc of teginrling.
(code 5-01, Account #i-7164-1, Map #39lEO9m, Tax lot #3600)
•NOIWIMMAMINGY TM FoLICWD G, Geantw reserves tasty itself, its heirs, assign,acrd
sunnessrus in interest, all its rights larder dac meat no- 96-19006 and re-samaded on
lo toter , 1997 as cbament no. 97- ; and dotnrm ent recorded on October
1997, as docssmtent no. 97- official re=dg, Jaci son C=ty, Oregon.
(m YPACE INSUFgCRNT CONrINUe DESCRIPTION ON AeVenSQ _
To Have and to Hold the same unto gantee and grantee's heirs, successors and assigns forever.
The true and actual consideration paid for this transfer,stated in terms of dollars,is S - —__ m However,the
actual consideration consists of or includes otter property or value given or promised which is D part of the ❑the whole(indicate
which)eonsidetadon.0 me sealcnw bctwwo the aye,hols d,if not applicable,should be deleted.Sa:011S.93-030.)
In construing this deed,where the context so requires, the singular includes the plural,and.all grammatical changes shall he
made so that this deed shall apply equally to corporations and to individuals.
IN WITNESS WIIBREOF,the grantor has executed this instrument this--------- day of__..__—------- ------19—.- Of
grantor is a corporation,it his caused its name to be signed and its seal, if any,affixed by an officer or other person duly authorized
to do so by order of its board of directors. CITY OF ASHLAND, a municipal corporation
ANA TI AS DEFT ANY N OFI S 0. VIWSNITS AGAINST FARMING OR fOREST ---._— __.--_- .----- ----_-_-
' PRACTICES AS DEFINED IN ORS 30.930.
STATR OF OREGON,County of- _JA435igH__------ ----)ss.
This instrument was acknowledged before me on __ __ _. ..--_—__—_.19-_.
by --- — — — - ----- ---- —
This instrument was acknowW;ed before me on __. .__--__ _—__,19—_-.,
by _cat?_qn°_C-ald an_and
_ ?�sa. �S�ns�n___—_- -- -as _ faygX_Bacl -
of_. Cjxy_of�AS)?l ._a_1PllD,lt8s�1 4� ZaklA0.--- .----_--•---_•_.
Notary Public fur Oregon —
my commissloa expires
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1
QUITCLAIM DEED ON ASHLAND STREET
CITY OF ASHLAND Q
OCT. 15, 1997 ENGINEERING DIVISION
REDUCED SCALE
OREGON TITLE livavnn,v� c .�„cru.a
502 WEST MAIN — P. 0. BOX 218
MEDFORD, OREGON 97501
TEL: (541) 779-2811/FAX: (541) 772-6079
n s
I
September 9, 1997 On : SEP 10 19W L...
To: Jim Olson CITY
City of Ashland Engineering
Re: Ashland Street, between Terrace Street and Guthrie Street
Dear Jim:
In searching our tract books for a conveyance to the City of
Ashland for that part of Ashland Street lying in the Southeast
Quarter of the Southwest Quarter of Section 9 in Township 39 South,
Range 1 East of the Willamette Meridian in Jackson County, Oregon,
I was unable to find such a conveyance for that part lying .
southerly of, actually within, tax lot 3600 on assessor's map
391E9CD. I did find the conveyance from McIntire, Taylor, High and
Albright, recorded in Volume 21, Page 84, of the Jackson County
Deed Records. Although the description contained in that deed
includes the questioned part of Ashland Street, I did not find that
any of the persons who executed the deed had an interest in tax lot
3600 at that time, nor have they since acquired any. I did not
find any other conveyance to the City of Ashland, for the
questioned part of Ashland Street, that was executed by the owners
of tax lot 3600. I have attached some copies of deeds that I did
find, conveying property to the persons who executed the deed to
the City of Ashland recorded in Volume 21, Page 84, of the Deed
Records. None of these deeds contain a description which includes
tax lot 3600. Therefore, the conclusion of my research is that
there is no record document monumenting ownership for the
questioned part of Ashland Street in the City of Ashland.
I would be interested in your input on this matter. Please feel
free to contact me, should you have any questions on my research
and conclusion.
Sincere y,
b Bennett
Title Officer
CRATER TITLE INSURANCE CO.
TITLE INSURANCE • ESCROWS
904 WEST MAIN ST. CONTRACT PMTS 770.4393
•. O. SOX 330 CLOfINO ESCROW 770-4339 -
MEOIORO. OREGON STS01 TITLE E MARS - 770-4711
March 18, 1977
CTI - 37384
LOT BOOK SERVICE
CITY OF ASHLAND
City Hall
Ashland, Oregon, 97520
Attn: Ron Salter, City Attorney
We have searched our Tract Indices as to the following described
property:
A strip of land forty feet wide, twenty feet lying on each .side of the
,I
following described line:
Beginning at the Northwest corner of the Northeast quarter of the
Northwest quarter of Section 16, Township 39 South, Range 1 East,
Willamette Meridian, Jackson County, Oregon; thence East, 20 chains,
to the Northeast corner of the Northeast quarter of the Northwest
quarter of said Section 16, there terminating.
and as of March 15, 1977, at 8 :30 A.M. :
We find that the last deed of record runs to
THE CITY OF ASHLAND
in the County of Jackson
State of Oregon
We also find the following apparent incumbrances within ten years
prior to the effective date hereof:
NONE
We have also searched our General Index for judgments and state and
federal tax liens against the above named grantees and find the
following: NONE
.We also find the following unpaid taxes and city liens:
NONE
(Continued)
(Continued)
THIS IS NOT A TITLE REPORT, since no examination has been made of the
title to the above described property. Our search for apparent
incumbrances was limited to our Tract Indices, and therefore above
listings do not include additional matters which might have been
disclosed by an examination of the record title. We assume no lia-
bility in connection with this Lot Book Service, and will not be
responsible for errors or omissions therein. The charge for this
service will not include supplemental reports, rechecks or other
services.
CRATER TITLE INSURANCE CO.
B - � ��S -
Y
AJP:bc Arthur J. Parish, Authorized Examiner
Page 2 - Order 37384
National Register of Historic Places ��OF_"sti
Nomination Discussion
for theAshland Railroad District
OREGON
City Council - Planning Commission - Historic Commission
"Joint Study Session"
As you might have heard,the City of Ashland recently received a grant from the State of Oregon's
Historic Preservation Office to prepare the appropriate documentation in an attempt to nomi-
nate the Ashland Railroad District for listing on the National Register of Historic Places. Please
join us for a joint study session with the Ashland City Council,Planning Commission and Historic
Commission to discuss how listing the Ashland Railroad District on the National Register of
Historic Places may affect you.
Answers to the followine questions will be provided:
• What financial incentives/disincentives come with National Register status?
• By owning property within a National Register District,will this"freeze"my property taxes?
• Will listing on the National Register reduce my ability to use my property as I see fit?
• Aren't there already National Register properties within the Ashland Railroad District?
• Isn't the Ashland Railroad District already on the National Register ofHistoric Places?
• Will listing on the National Register reduce my ability to add an addition on to my house?
... and any other questions that you may have regarding this topic.
Tuesday, October 28, 1997
7:00 - 9:00 p.m.
City Council Chambers
1175 East Main Street
For more information,
please call the Ashland Planning Division at 488.5305
CITY OF ASHLAND
Department of Community Development
Planning Division
MEMORANDUM pPEG0
DATE: October 16, 1997
TO: Mayor and City Council
FROM: Ashland Historic Commission
RE: 209 Almond Street House Move
On October 8th, Brad Roupp and John Jayna came before the Historic Commission to
request permission to move the house which is currently located at 209 Almond Street. After
listening to them, the Commission unanimously passed a motion to recommend approval of
the house move.
Attached are a memo from Community Development Staff, the October 8, 1997 minutes of
the Historic Commission meeting, criteria submitted by Brad Roupp, the Cultural Resource
Inventory Survey Form completed by Kay Atwood in August of 1990, the evaluation/rating
sheet which she used in determining the final score, and a letter submitted by Paul Kay.
The Historic Commission respectfully requests the Council to approve the house move based
on the attached information.
CITY OF ASHLAND °F`AS
o H`
Department of Community Development c
ZQ�
Planning Division
+`
October 15, 1997
Memorandum
To: City Council `
From: Community Development
Subject: 209 Almond Street House Move
Regarding the proposed house relocation (move) at 209. Almond Street, the procedures for
moving or demolishing a structure listed on the City's Heritage Landmark List requires
Historic Commission recommendation and City Council approval. On October 8, 1997, the
Historic Commission heard testimony from the applicant and the property owner (minutes
attached) requesting the house be relocated to another site in Ashland. The applicant has
yet to receive Site Review approval for the new site, but is requesting approval from the
Council in order to determine if the Site Review Permit is even possible.
Unfortunately, the house in question has been neglected for some time and has a local
reputation as the `old haunted house". The long time property owner and occupant of the
house recently died, leaving the house abandoned for over a year. During this period, the
interior of the house was exposed to harsh weather conditions due to broken windows and
exterior doors being left open. No repairs were made during this period and the house was
eventually sold to John and Sharon Javna, the neighbors next door to the west who are
remodeling and adding on to their home.
r
From the time the old house was purchased, the Javna's repeatedly met with City staff, the
Historic Commission and a number of contractors to determine if the old house could be
rehabilitated. From comments made to staff by contractor and Historic Commission Chair
Jim Lewis, Historic Preservation Cnosultant George Kramer, and Brad Roupp, who is a
lcontractor and the applicant requesting the moving permit, it appeared the house could be
rehabilitated. However, the costs associated with the house's rehabilitation were considered
too extreme and the property owners concluded the task was too monumental to save the
home.
After hearing the news of a likely demolition, the applicant stepped forward and offered to
move the house to his property where it could be rehabilitated. As noted above, the
applicant does intend to move the home — if structurally possible — but needs Council
approval. If the Council does approve the moving permit, the applicant will be able to take
the necessary steps to assess the total costs, secure financing, seek Planning Commission
approval and hire a moving company. In addition, the applicant will need to seek approval
from other City departments and pay additional fees for any wires that may need to be
"raised" during the move.
In conclusion, Staff believes the best site for the house is in its current location. Very few
homes in the community reflect such an inviting and visual presence to a neighborhood.
However, Staff also realizes there are "real" issues that are very much out of Staffs control.
The fact that the home will be rehabilitated and remain in the community is a benefit that
can't be taken lightly. Therefore, Staff concurs with the Historic Commission and
recommends approval.
ASHLAND HISTORIC COMMISSION
Minutes
October 8, 1997
CALL TO ORDER
The meeting was called to order at Pioneer Hall by Chairperson Jim Lewis at 7:35 p.m. Members present
were Jim Lewis, Terry Skibby, Dale Shostrom, Curt Anderson, Vava Bailey, Carol Abrahamson and Joan
Steele (new member). Also present were Associate Planner Mark Knox and Secretary Sonja Akerman.
Members Keith Chambers and Joyce Cowan were absent.
APPROVAL OF MINUTES
Anderson moved and Abrahamson seconded to approve the September 3, 1997 Minutes as submitted. The
motion was unanimously passed.
STAFF REPORTS
There were no planning actions in the Historic District.
I
I, NEW MEMBER
Knox introduced the Commission's newest member, Joan Steele.
HOUSE MOVE
Knox explained Brad Roupp is seeking approval to move the house located at 209 Almond Street to the
property he owns at 234 Seventh Street.
Roupp related he has been looking for a house to move onto his property at the corner of "B" and Seventh
Streets for about six years. He said he first became interested in the house at 209 Almond Street eight or nine
years ago. When that property became available, he was interested in purchasing it, but found there was no
easement that would give access to the lot. Because of its proximity, there is no driveway and currently no
way to access the property. There are still a lot of unknowns regarding the house move, but he wanted to
obtain approval for the move before he spent more time and money on the house. Roupp noted the
construction of the house was odd and it will be difficult to remodel, but if it's feasible, he would like to do
it. The house is 27 feet high and there are many obstacles between its present location and its proposed
location.
John Javna, owner of the houses located at 209 and 219 Almond Street, stated when he bought the house, he
had no idea whether he could save the house or not. He hired contractor Paul Kay to clean it up, and remove
II the garbage and rotten wood. After spending $5,000, he decided that for him, it was not worth saving. He
does not have the time, energy or money. He would like to see the house moved by Roupp in order to save
it, as that is his only alternative.
Knox asked Roupp to clarify the financial aspect of the move. Roupp explained he is a builder so it will not
cost as much to do the work as it would for the current owner, who would have to hire someone to do the
work. He said he also sees a difference in the value of the lots. The lot on Almond Street is worth at least
$120,000, while his lot in the Railroad District is not valued that high. He already owns the lot in the Railroad
District and it has enough square footage for a third residence. Roupp stated he does not believe it would be
economically feasible for Javna to restore the house.
Javna added he does not plan to build another structure on the property. It will become part of his yard.
Lewis related several years ago a house on "B" Street had a fire and the owners wanted to demolish it. Luckily
it was sold to someone who cared enough to restore it. The Pelton House is now on the National Register of
Historic Places. Lewis said he has taken a number of old houses most people think should be demolished and
restored them. It is a matter of how you look at them. He would like to see 209 Almond Street remain where
it is and restored, however he understands it will most likely be demolished if it is left. He also said he has
moved houses in Ashland before, and up to 30% of the cost involved in the restoration is moving it.
Roupp said all that's left of the house now is the framing and exterior sheathing. He questions the merits of
saving the house on the existing lot because of the value. Javna related he would have left the house in the
condition it was if he had wanted to demolish it.
Abrahamson asked Javna about his investment. He answered the property is adjacent to the one he owns and
has been working on, which will be come his family home in November. He bought the 209 Almond Street
property so he would have some control over the adjacent property, but practically speaking, it was a bigger
task than he anticipated. He cleaned it up, had many contractors take a look at it, but can't put his family
through another restoration project now. The house he is working on next door has cost much more and taken
much longer than he had hoped. He added the decision needs to be made soon.
Knox stated he would like to mitigate the issue of an easement for the future to provide access to the lot. Javna
said he would be wiling to do what's reasonable, but couldn't make a decision without consulting with his wife
and an attorney.
Anderson said he, along with many other Ashland citizens, has noticed and admired the house over the years.
It is aesthetically in a nice location where it is, but he also feels it will look nice in the Railroad District.
Roupp said he would really like to have the permission to move the house, but he has a long way to go. If
he has to cut off the roof, it wouldn't be worth it. Lewis stated he supports the move and would be willing
to write a letter to the City to help expedite the move.
Anderson moved and Skibby seconded to recommend approval of moving the house currently located at 209
Almond Street to the City Council, with the understanding Roupp will still need to obtain Planning Commission
approval for the proposed location. The motion was unanimously passed.
I
Ashland Historic Commission
Minutes
October 8, 1997 Page 2
EVALUATION CRITERIA FOR MOVING/DEMOLITION
IN THE ASHLAND HISTORIC DISTRICT
The following is a list of questions to be answered when applying for a permit to
move a structure in the Ashland Historic District.
1) What is the address of the structure?
209 Almond
2) What is the age of the structure?
94 years
3) If the structure has been included on the heritage Landmarks List, what is its
ranking ( Primary, Secondary, Compatible or Non-contributing?
Secondary
4) What is the overall point rating?
52 Points
5) What are the ratings in the Architectural, Environmental and Historical
categories?
Architectural - 15 Environmental - 11 Historical - 26
6) If this is a primary or secondary structure, what are the reasons behind the
request for this moving permit?
This structure has slowly fallen into a state of severe disrepair. Recently, the
long time owner/occupant died, and the house was sold to a friend of the owner. In
a short amount of time the home was again sold. The purchasers and present
owners are John & Sharon Javna.
The Javnas own the property next door to the subject property. They have
been remodeling the home and are nearing completion. When 209 Almond came
up for sale, they decided to purchase it because of its close proximity to their home.
They had several builders look at the structure to help them decide what to do with
the building. After much discussion with Ashland planning dept. staff and local
builders, they have come to the conclusion that the building is not able to be
restored, given the cost of the renovation and the value upon its completion. There
have been many hours spent trying to decide the best use of this building. The
Javnas have spent several thousand dollars cleaning up the building and making it
safe.
The back rooms of the building were in such disrepair that it was unfeasible to
save them. The rooms were removed, leaving only a 12' x 30' building. The roofing
on the building has deteriorated to a point that nearly all moisture landing on the
roof enters the building. There is no electrical or plumbing in the building. All of the
front porch has been removed because of rot. There are no windows or insulation
in the building. It is fair to say that all that remains is the shell of a building which is
at best, in fair to poor condition.
The Javnas are not builders. They would need to hire all of the labor to restore
the building. Because of this, their capital outlay to restore this building is high.
The financial return on residential investments such as this are poor. The land
value in this area, especially Almond Street, is very high. The Javnas feel that this
structure can not be restored by means of a financially sound investment in a way
that would compliment the land upon which it is located.
The building is to be moved to the corner NE corner lot of the intersection of 7th
and "B" streets. The lot is 75' x 120' and there are two homes located at the very
back of the lot. The front of the lot has an open area of 75' x 85'. The building fits
nicely on this lot and it is an appropriate placement with the other historic homes in
the area.
As a builder, I have the advantage of being able to make projects such as these
make financial sense. I will be doing much of the labor to restore the building
myself, which includes the labor to make the house ready for the move, the new
foundation, architectural plans, securing permits for the move, etc. Also, since the
7th Street lot has a much lower value than the Almond Street lot, the potential for the
rental income to cover the mortgage is much higher.
7) What is/are the specific section(s) of the Ashland City Code which are being
cited as reasons for the move?
15.04.210, paragraph E, Section 3, subsection c.
8) What is the current zoning of the structure?
R - 1 - 7.5
9) If it is to be moved, what is the zoning into which it will be moved?
R-2
The following is a list of the criteria used to evaluate the merits of granting a moving
permit in the Ashland Historic district:
1) Does the structure meet the minimum criteria adopted for inclusion on
the final Heritage Landmarks List?
Yes, it is adopted as a Secondary structure with a point score of 52.
2) Is the building structurally sound? Has it been condemned? Can the
structure be restored for costs comparable to constructing a new building of the same
size and value?
The building has been stripped down to the basic framing and exterior siding.It
is now structurally sound. The building will be reinforced so that it can be moved
without damaging the structure. The building has not been condemned because the
present owner spent several thousand dollars to make the building safe. They have
removed the back section of the house which contained several dangerous and
uninhabitable rooms.
The restoration costs will be more than the cost to build a building of the same
size and market value. There are several advantages to saving a historic structure.
The most obvious is simply to preserve a piece of history. I also realize that some of
the "art" in architecture has been forfeited because of the need to make buildings
financable. This building would be labor intense to construct and I could not afford to
build it from the ground up.
3) Do the existing configuration of the house and the uses permitted in the zone
make the retention of the structure unfeasible and an unreasonable hardship on the
property owner?
When the Javnas purchased this building they did so believing that the building
was to far gone to restore. Soon afterwards several builders, including myself, met
with John and Sharon to try to help save the building. We evaluated the structure and
the consensus that I heard was that the building had marginal restoration value.
The Javnas have had cost estimates to restore the structure. To the owners, the
cost of the restoration outweighs its value when it is completed. I believe it is an
unreasonable hardship to force a restoration of a building that has been so neglected.
4) Why is it necessary to move or demolish the structure?
i
This building will probably be torn down if this move is not made. The roof is not
shedding rain. There is no foundation. The building is costly and difficult to insure. The
Javnas understand the historic significance of this structure, and therefore have
allowed me time to try to secure a moving permit.
5) How will moving the structure contribute to the historic character of the
neighborhood?
The proposed location to which the building will be moved is a vacant corner lot
in the Historic Railroad District. Moving this structure to the site will improve the overall
streetscape of "B" street , it will retain a historic building in the historic district, and it will
allow the restoration of a building which might otherwise be lost.
6) What will replace the structure if it is moved?
At this time there are no plans for the vacant lot. The reason for this permit
request is that the building will continue to deteriorate rapidly if it remains in its current
condition. A vacated building is a liability and a hazard to the owners and to the
neighborhood.
7) What impact will this new use of the property have on the historic character
of the neighborhood?
At this time the future use is unknown.
8) If the structure is to be moved, what impact will the building have in its new
locale?
The building will be a residence in the historic district. It will fill a vacant lot, and
will blend well with the other historic structures. There is high probability that if a
historic building is not moved onto this vacant lot,.eventually a new building will be
proposed.
9) If left in place, what use could the structure be put to in its current zone?
The building could be renovated as an office or as a residence. The building
sits on the front of a large lot. There is no vehicle access to the back of the lot because
of the structures position on the lot. There is no off-street parking available. Street
parking is also limited because of the intersection of Almond and Laurel streets. This
lot would require a parking variance granted for any use, other than 1 single family
residence.
10) If the structure is to be moved, will it be restored? Briefly, how will the
restoration be accomplished?
The building will be restored at the corner of 7th and "B" streets. The structure
will be restored much like its original design. The building will be brought to current
building standards. This projects preserves a piece of Ashlands historic architecture.
11) If this structure is to be demolished, will the materials be recycled?
Not applicable.
12) What effect will the move have on the structure's chances of being included
on the National Historic Register?
The Railroad district may soon be on the Register. The building will be a
historic structure in a historic district. I have had little time to research this question, but
I have been told by Ashland planning dept. staff that most likely it will be included.
13) If this is a proposed move, what will become of the structure if the
application is denied?
The building is a liability and a hazard, and most likely the owners will apply for
a demolition permit.
14) Based on the numerical ratings, are there compelling arguments with
regards to Architecture, Environment, or History which would be grounds for denying a
moving or demolition permit.
This structure received moderate scores in all three categories. There seems to
be no special significance to this structure. The value is simply that it is a historic
structure and moving the house into the Railroad district will not adversely affect the
History ranking it currently holds.
ASHLAND CULTURAL RESOURCE INVENTORY
SURVEY FORM '
COUNTY : JACKSON
IDENTIFICATION:
Abbett-Mitchell
Hist . Name House Date of Construction: 1903 (est. )
Common Name : Original Use: Residence
Address*'. 209 Almond Street Present Use : Residence
Ashland.Oregon Architect :
Owner: Hamilton, Arthurr arlorie Builder:
209 Almond Street Style: Queen Anne
Ashland Oregon x Bldg. _Struc. _Dist . Obj .
T/R/S: 39S RIE 8 Ranking: Secondary
Map No: 8AA Tax Lot : 6500
Addition :
Block: - Lot : Quad : Ashland
THEME:
Statewide Inventory of Historic Properties Theme.: 6d
Archaeology _Industry Mining
Agriculture _Military _Social/Education
x Commerce Po]..i.tics/Gover.nment_Transportat ion
Exploration and Settlement _Religion _Other
DESCRIPTION:
Plan Type/Shape: Rectangular No. of Stories : One-and-a-half
Foundation Material: Wood skirting Basement ( Y/N) : Crawl space
Roof Form and Material: Gable intersecting ridge, conical hip roof ;
composition shingle
Wall Construction: Frame Structural Frame:
Primary Window Type : One-over-one double hung sash
Exterior Surfacing Materials :
Decorative Features : Turret dormer
Other:
Condition,j _Excellent _Good —Fair x Poor —Moved(Date )
Exterior Alterations/Additions ( Dated ) .
Noteworthy Landscape Features:
Associated Structures : Shed
Known Archaeological Features :
Negative No: Roll 9-10 Recorded By: Clay/Atwood
Slide No: Date: 1984/ 4 August 1990
SHPO Inventory No: / Z(�
SETTING:
�a
This one-and-a-half story wood frame dwelling is located on the
southwest side of Almond Street , opposite Laurel Street.
SIGNIFICANCE: t
E. D. . Briggs sold this lot to Earl R. Abbett in April , 1903 .
for $500. Abbett probably initiated construction of this
dwelling soon .after . He sold the property to Charles S. Mitchell
for $1500 on July 3 , 1905. Mitchell , a native of Illinois, was a
retail merchant in Ashland, specializing in musical supplies. His
mother , Marcia Mitchell , a widow, is listed in the U.S. federal
Census for 1910 as the head of household . The Mitchell family
retained ownership of the property until December , 1913 when they
sold to Miriam Way.
This late Queen Anne Style dwelling .has suffered neglect , but
careful restoration could restore its former fine condition .
i
i
SOURCES CONSULTED:
Jackson County Deed Records , Volume 47, Page 258 ; Volume 53, Page
12 . Volume 98 , Page 463.
U . S. Federal Census , Jackson County, 1910 .
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ASHLAND CULTURAL RESOURCE INVENTORY
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Paul Kay • 1234 Strawberry Laue • Ashland • Orcgan 97520 (541) 488-8840 OR Lic. 11112937 CA Lic. #43420:
CITY OF ASHLAND
Office of the Mayor a
°
MEMORANDUM •,0 EGO?,.°,•
DATE: October 14, 1997
TO: City Council Members
FROM: Mayor Catherine M. Golden
RE: Confirmation of Appointment of Assistant City Administrator
Greg Scoles as Interim City Administrator
Brian Almquist's last day of work will be Friday, October 31 and he will be on vacation
following that date. It is therefore appropriate that an Interim City Administrator be
appointed effective November 1, 1997 until our new administrator is on board which
should be in late February or early March.
I am appointing Greg Scoles as Interim City Administrator, and request your .
confirmation of this appointment. I am also suggesting that I be granted the authority
to negotiate an amendment to Greg's employment agreement to cover the terms and
conditions of the additional duties.
GRANT OF EASEMENT FOR ELEVATOR
AND
ELEVATOR LEASE
Agreement made this day of October 1997, between the Oregon
Shakespeare Festival Association, an Oregon non-profit corporation ("OSF"), and the
City of Ashland, Oregon ("City").
Recitals:
A. OSF is renovating the Pioneer Building located at 38-42 East Main Street, Ashland.
The renovation includes the installation of a passenger elevator on city property to
provide employee and public access to the upper floors of the Pioneer Building ("the
elevator").
B. City desires use of the elevator to provide employee and public access to the upper
floors of City Hall located at 20 East Main Street, Ashland.
City and OSF agree:
1. Grant of Easement to OSF. City grants to OSF a perpetual easement for the
construction, installation, use, operation, inspection, repair and maintenance of a
passenger elevator described in paragraph 2 of this agreement on the property
described on the attached Exhibit A. This grant of easement shall be binding upon,
and shall inure to the benefit of, City and its successors and assigns and OSF and its
successors and assigns.
2. Construction of elevator. OSF shall construct or cause to be constructed an
elevator (described as Base Bid, Part B in the construction documents for the
improvements to the Pioneer Building) with reasonable diligence according to plans
and specifications approved by City. The elevator shall provide access to the upper
floors to City Hall at such locations reasonably determined by City. Details of the
elevator and any other improvements necessary to be constructed in conjunction with
the elevator to provide access to City Hall are set forth in the attached Exhibit B. This
elevator and other improvements are further referred to in this lease as "the elevator
work" or "elevator." The plans and specifications will be reviewed and agreed upon by
City and will be incorporated and made a part of this agreement. The elevator work
shall be constructed under the direction of OSF and shall be erected in accordance
with all state and local building laws, rules, and regulations.
2.1. The design and specifications for the elevator work shall be as reasonably
requested by City and as reasonably agreed to by OSF. Upon receipt of all
responsive bids, OSF shall consult with City and select the bidder mutually
advantageous to both parties.
2.1.1. The parties estimate that the cost of construction for the elevator
work will not exceed $212,000 plus mutually agreed upon change orders.
PAGE 1-ELEVATOR LEASE (p:epr""k"h"kel"3.160)
Except for change orders which shall be paid as specifically provided in the
next sentence, City shall pay to OSF an amount equal to 35 percent of the cost
of the elevator work and OSF shall pay 65 percent of such cost. The cost for
change orders shall be borne by the parry benefitted by the change as mutually
agreed by City and OSF. Payment by City of any amounts described in this
paragraph shall be as provided in paragraph 4.1. For purposes of this
agreement, the cost of construction for the elevator work shall include the
following items:
2.1.1.1. All sums paid by OSF to the contractor pursuant to the
construction contract for the elevator work, including any sums paid as a result
of change orders and claims made by the contractor.
2.1.1.2. The costs of any permits, governmental fees, licenses,
and inspections necessary for the proper completion of the elevator and other
improvements covered by the plans and specifications.
2.1.1.3. Any other costs associated with the construction of the
elevator and other improvements covered by the above mentioned plans and
specifications, including materials, fees, labor, supervision, litigation expenses,
claims, administration and all other necessary and incidental expenses.
2.1.2. During the course of construction it may be necessary to issue
change orders. OSF shall have the right to negotiate change orders for the
following items:
2.1.2.1. Changes which are necessary to meet requirements
prescribed by State and local regulatory agencies in their normal course of
implementing rules and regulations.
2.1.2.2. Changes necessary to correct defects in plans,
specifications, shop drawings, submittals, materials and workmanship that affect
the integrity of the building and other improvements described in the above
referenced plans and specifications.
2.1.2.3. Changes which involve concealed conditions as defined in
the general conditions of the construction contract.
2.1.2.4. Changes which are necessary to allow completion of the
construction contract within the time specified in the construction contract.
2.1.2.5. Changes which are necessary to facilitate City's use of the
elevator.
Provided, however, OSF shall not approve change orders for the above
referenced items without first obtaining the prior approval of the authorized
representative of City, which approval shall not be unreasonably withheld. City
PAGE 2-ELEVATOR LEASE (p:agrm%shakde3.lbe)
shall designate one or more persons who shall be authorized to approve
change orders on behalf of City. City shall notify OSF in writing of the identity of
the persons so designated to represent City. At all times during the construction
process at least one representative of City shall be available to review change
orders without unreasonable delay.
City shall have the right to contest by appropriate proceedings diligently
conducted in good faith, in the name of the City, or OSF or both, without costs
or expense to OSF, the validity of any claims for additional costs or claims for
extension of time made by the contractor in accordance with the construction
contract.
3. Term. This lease shall be effective between the parties unless terminated as
provided in paragraph 12.
4. Initial and Rental Payments to OSF:
4.1. Initial payment. City shall pay to OSF the sum described in paragraph 2.1.1
as follows: As OSF is billed by the contractor for progress on construction of the
elevator, City shall pay to OSF 35% of the amount of the progress payment specifically
connected with contractor's elevator work. City shall make such payment within 30
days of the receipt of the statement. City's payments under this paragraph shall not
exceed 35% of the sum specified in paragraph 2.1.1 unless City has approved change
orders causing this sum to increase.
4.2. Rent payment. City shall pay OSF each year on or before the 15th day of
February during the lease term the rental amount as determined in paragraph 4.3.
4.3. Rent Amount. Except as provided in paragraph 4.3.1, City shall pay rent to
OSF annually on or before February 15 of each year as follows:
4.3.1. When the elevator has been put into operation, the parties shall
estimate the operation, insurance, service agreement, repair and
maintenance costs from such date until the following February. Within 30
days of the agreement of the parties as to the estimate, the City shall pay
50% of such amount to OSF as rent under this agreement.
4.3.2. Each January thereafter the parties shall meet and estimate the
operation, insurance, repair and maintenance costs for the next twelve
months and City shall pay 50% of such estimate to OSF as rent under
this agreement. In any January if the parties determine that the actual
costs for repair and maintenance during that January and the previous
11 months is less than the actual amount paid by the City then the
difference shall be credited to City's next annual rent payment. If the
amount is more, City shall add the difference to the next annual rent
payment.
PAGE 3-ELEVATOR LEASE (p:eoreekhekele3.1ee)
4.4. Rent Representations. Pursuant to ORS 307.112 and 307.166, the parties
expressly agree that the rent payable by the City under this lease has been
established to reflect the savings below market rent resulting from any tax-exemption
OSF is entitled to and that the rent charged does not exceed the cost of repairs,
maintenance, amortization and upkeep.
5. Use. OSF shall operate the elevator and shall supply elevator service to City, its
officers, employees, invitees and the public 24 hours a day, seven days a week as
determined by City. Access by City to the elevator under this agreement shall be
controlled by City and City shall have the right to limit or expand access to the elevator
at such times and days as City shall determine. OSF shall not be liable for any failure
to supply service, occasioned by accident or other cause beyond OSF's control.
6. Utilities. OSF shall initiate, contract for, and obtain, in its name, all utility services
required for operation and maintenance of the elevator, including gas, electricity,
telephone, water, and sewer connections and services, and OSF shall pay all charges
for those services as they become due. If OSF fails to pay the charges, City may elect
to pay them and the charges will then be subtracted from the annual rental payment
next due.
7. Ownership of Improvements. The elevator work shall be the property of OSF. The
parties acknowledge that the elevator work is located on property owned by the City
for which no rental will be required.
8. Maintenance. OSF shall furnish or shall cause to be furnished complete
maintenance and repair on the elevator requiring those who service, maintain and
repair the elevator to use trained and qualified personnel. Such personnel shall be
qualified to keep the elevator properly adjusted and will use all reasonable care to
maintain the elevator in proper and safe operating condition.
If OSF fails to make such repairs or replacements, City shall have the right to make
such repairs or replacements and subtract the charges for such from the annual rental
payment next due.
9. Damage or Destruction.
9.1. Fire Insurance. OSF shall obtain and keep the elevator insured at OSF's
expense against fire and other risk covered by a standard fire insurance policy with an
endorsement for extended coverage including vandalism and malicious mischief. The
amount of insurance shall not be less than 100% of the replacement value of the
elevator and improvements.
9.2. Subrogation of Claims. Neither party shall be liable to the other (or the
other's successors or assigns) for any loss or damage caused by fire or any of the
risks enumerated in a standard fire insurance policy with an extended coverage
endorsement and in the event of insured loss neither party's insurance company shall
have a subrogated claim against the other.
PAGE 4-ELEVATOR LEASE (p:aorm1Ahdkae3.1s.)
9.3. Proceeds and Repairs. If the improvements are damaged or destroyed by
fire or any of the risks enumerated in the insurance policy required by this paragraph,
the proceeds from the insurance shall be applied to repair or replace the elevator.
Repairs shall be accomplished by OSF with all reasonable dispatch subject to
interruptions and delays from labor disputes and matters beyond the control of OSF.
Nothing contained in this provision is intended to excuse OSF's duty to repair
pursuant to paragraph 8.
10. Indemnification and Insurance.
10.1 LiabiliW from use. City shall be solely responsible for any loss or injury
caused to third parties arising from City's acts or omissions under this agreement, and
OSF shall be solely responsible for any loss or injury caused to third parties arising
from OSF's acts or omissions under this agreement. City shall hold harmless and
indemnify OSF with respect to any claim, litigation or liability arising from City's own
acts or omissions under this agreement and OSF shall hold harmless and indemnify
City with respect to any claim, litigation or liability arising from OSF's own acts or
omissions under this agreement.
10.2 Liability Insurance.
10.2.1. City shall, at its own expense, at all times during the term of this
lease, maintain in force a comprehensive general liability policy including
coverage for contractual liability for obligations assumed under this lease. The
liability under each policy shall be a minimum of $500,000 per occurrence
(combined single limit for bodily injury and property damage claims) or
$500,000 per occurrence for bodily injury and $100,000 per occurrence for
property damage.
OSF shall, at its own expense, at all times during the term of this lease,
maintain in force a comprehensive general liability policy including coverage for
contractual liability for obligations assumed under this lease. The liability under
each policy shall be a minimum of $500,000 per occurrence (combined single
limit for bodily injury and property damage claims) or $500,000 per occurrence
for bodily injury and $100,000 per occurrence for property damage.
10.2.2. Certificates of insurance acceptable to OSF shall be filed with
OSF prior to the use of the elevator by City under this lease. Certificates of
insurance acceptable to City shall be filed with City prior to the use of the
elevator by OSF. These certificates shall contain provision that coverages
afforded under the policies can not be cancelled and restrictive modifications
cannot be made until at least 30 days prior written notice has been given to
OSF. A certificate which states merely that the issuing company "will endeavor
to mail" written notice is unacceptable.
PAGE 5-ELEVATOR LEASE (p:aUr"1ahake1a3.1aa1
10.2.3. OSF shall be added as an additional named insured to the City's
policy regarding claims arising under this lease and in like manner the City of
Ashland shall be added as an additional named insured to OSF's policy.
10.2.4. Should City fail to keep in effect and pay for insurance as
required by this paragraph, OSF may do so, in which event the insurance
premiums paid by OSF shall become due and payable forthwith and the failure
of City to pay the same on demand shall constitute a breach of this lease.
Should OSF fail to keep in effect and pay for insurance as required by
this paragraph, City may do so, in which event the insurance premiums paid by
City shall become due and payable forthwith and the failure of OSF to pay the
same on demand shall constitute a breach of this lease.
11. Default. For any and all purposes arising pursuant to this lease, the following
shall constitute an event of default:
11.1. Rent DelingUencv. Failure of City to pay any rent or other charge within 15
days after written notice that it is due.
11.2. Noncompliance. Failure of either party to comply with any term or
condition or fulfill any obligation of this lease (other than the payment of rent or other
charges within fifteen days) shall constitute a default 30 days after written notice by the
party claiming non-compliance specifying the nature of the non-compliance with
reasonable particularity. If the non-compliance is of such a nature that it cannot be
completely remedied within the thirty-day period, this provision shall be complied with if
the non-complying party begins correction of the non-compliance within the thirty-day
period and thereafter proceeds with reasonable diligence and in good faith to effect
the remedy as soon as practicable.
11.3. Liens. Failure to remove any lien or encumbrance placed upon the
elevator suffered by or through the act of either parry shall constitute a default 30 days
after written notice thereof by the party asserting violation of this paragraph to the non-
complying parry, except that either party may in good faith object, on behalf of the
other party or itself, to the validity or amount of any lien and may contest the validity or
amount of the lien.
12. Remedies.
12.1. If any default by City shall continue substantially uncured following notice
of default as required under this lease or if no notice is required and City is in default,
OSF shall have the,following remedy in addition to other equitable or legal rights and
remedies: OSF may terminate the lease on giving written notice of termination to City.
Without such notice, re-entry will not terminate the lease. On termination OSF may
recover from City all damages proximately resulting from the breach, including the cost
of recovering the premises and the worth of the balance of this lease over the
PAGE 6-ELEVATOR LEASE (p:epr"%sheke1e3.1se)
reasonable rental value of the premises for the remainder of the lease term, which sum
shall be immediately due OSF from City.
12.2. If any default by OSF shall continue substantially uncured following notice
of default as required under this lease or if no notice is required and OSF is in default,
City shall have the following remedies in addition to other equitable or legal rights and
remedies: City may require specific performance of OSF of its duties and obligations
under this lease or City may terminate the lease on giving written notice of termination
to OSF. On termination City may recover from OSF all damages proximately resulting
from the breach.
13. Successor Interests. All the covenants, agreements, conditions and terms
contained in this lease shall be binding upon, apply and inure to the benefit of the
heirs, executors, administrators and assigns respectively of the OSF and the City and
all of such covenants shall be construed as covenants running with the land.
14. Notices. All notices required or permitted to be given under this agreement shall
be in writing and shall be deemed given and received two days after deposit in the
United States mail, certified or registered form, postage prepaid, return receipt
requested, addressed as follows:
To OSF: Paul Nicholson, Executive Director
OSF
15 South Pioneer Street
Ashland, OR 97520
To City: City Administrator
20 East Main Street
Ashland, Oregon 97520
Notice given in any other manner shall be effective when it is received by the party for
whom it is intended. Either party may change its address by giving ten days' advance
notice to the other party.
15. Entire Agreement. This agreement contains the final and entire understanding
between OSF and City with respect to its subject matter and is intended to be an
integration of all prior negotiations and understandings. OSF and City shall not be
bound by any terms, conditions, statements, warranties, or representations not
PAGE 7-ELEVATOR LEASE (o:vureekhekde3.1ed
contained in this agreement. No change or modification of this Agreement shall be
valid unless it is in writing and is signed by both OSF and City.
Oregon Shakespeare Festival Association City of Ashland
By BY
Its wcw iva Catherine M. Golden, Mayor
ItY e
Barbara Christensen, City Recorder
PAGE 8-ELEVATOR LEASE (o:agreekheke1e3.1ee)
I __
Exlzibi-t ' A '
L A N D D E S C R I P T I O N
Commencing at the centerline terminus of Winburn Way, as
retraced, from which the One Quarter corner common to Sections 8
and 9, Township 39 South, Range 1 East of the Willamette Base and
Meridian, Jackson County, Oregon bears South 23 degrees 40 minutes
00 seconds West for a distance of 1597. 51 feet; a lead slug with
round brass tag marked LS 759 in top of concrete curb bears South
53 degrees 32 minutes 47 seconds East for a distance of 31.375
feet and the Southeast corner of Lot 9, Block 1 according to the
official map of the City of Ashland dated Nov. 5, 1888 bears North
00 degrees 05 minutes 19 seconds East for a distance of 20. 1 feet,
more or less; THENCE North 77 degrees 54 minutes 10 seconds East
for a distance of 144.58 feet to the TRUE POINT OF BEGINNING:
THENCE North 69 degrees 52 minutes 22 seconds West for a
distance of 12 .83 feet to a point;
THENCE North 20 degrees 15 minutes 08 seconds East for a
distance of 10. 6 feet, more or less, to the outside wall of an
existing building;
THENCE South 69 degrees 52 minutes 22 seconds East along the
face of said building wall, for a distance of 12 .83 feet to a
point which bears North 20 degrees 15 minutes 08 seconds East from
the true point of beginning;
THENCE leaving the face of said existing building wall, South
20 degrees 15 minutes 08 seconds West for a distance of 10.6 feet,
more or less, to the true point of beginning.
Together with and subject to covenants, easements, and
restrictions of record and those apparent on the land.
City of Ashland REGISTEREO October 8, 1997
20 East Main Street PROFESSIONAL
Ashland, Oregon 97520 LAND SURVEYOR
ref: C97T39. leg
ORE N
JULY B. 1988
EYERRTT L SWAIN
759
Surveyor ' s Registration Renewal
date: June 30, 1998
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PIONEER BUILDING/ASHLAND CITY HALL GARY N. AFSETH
ARCHITECT A.I.A. t
29 SOUTH GRAPE STREET 1
ASHLANq OREGON tre7o MEDFOR D, OREGON 07501 '/Vrf/J
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CITY OF ASHLAND ° 'oF°° �►°
Administration u .�
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MEMORANDUM
DATE: October 14, 1997
TO: Honorable Mayor and Members of the City Council
FROM: Greg Scoles, Assistant City Administrato
RE: Hazard Mitigation Grant Program
Ashland Creek Flood Restoration Pro ect inburn Way Bridge)
The Federal Emergency Management Agency (FEMA) has approved our request for a
Hazard Mitigation Grant in the amount of $150,000, for the above mentioned project.
It should be noted that the grant amount is the maximum that FEMA will approve for
any single mitigation project. In order to access these funds the following documents
need to be executed by the Mayor, as the City's authorized agent:
• Hazard Mitigation Grant Program Contract
• Application for Federal Assistance
• Assurances and Certifications
These funds are in addition to the previous FEMA funds obtained by the City. The
contracts have been reviewed by the City Attorney and were determined to be
acceptable. In addition, FEMA has approved an additional $5,000 for administration of
the grant.
RECOMMENDATION: Staff recommends the Council authorize the Mayor to sign the
required documents to allow the City to be reimbursed for the eligible costs associated
with this important flood mitigation project.
regon
1 Department of State Police
i Oregon Emergency Management
9 John A.Kitzhabeq M.D.,Governor 595 Cottage Street NE
' Salem,OR 97310
(503)378-2911
October 3, 1997 FAX(503)588-1378
TTY(503)373-7857
Ms. Catherine Golden oemd@oem.state.or.us
Mayor
c/o Mr. Greg Scoles
20 East Main Street
Ashland, OR 97520
RE: HAZARD MITIGATION GRANT PROGRAM, DR-1160
OEM Project#029-03050, FEMA Project #1160.0011
Ashland Creek Restoration Project
FIPS #029-03050
Dear Mayor Golden:
Oregon Emergency Management (OEM) is pleased to inform you that the Federal
Emergency Management Agency (FEMA) has approved your request for a Hazard
Mitigation Grant. FEMA has set aside $150,000 in federal funds for this project.
OEM, as administrator of those funds, has prepared the documents necessary for your
jurisdiction to access those funds. OEM is enclosing for your review and execution by your
authorized agent the:
• Hazard Mitigation Grant Program Contract
• Federal form SF 424 - Application for Federal Assistance
• FEMA Forms 20-16(a-c) and LLL - Assurances and Certifications
Also enclosed is a "Notification to Subgrantees". This document provides a brief outline of
the procedures and processes of the program for the subgrantee and the forms necessary
to comply with those procedures. Those forms are:
• Request for Reimbursement of Funds
• Quarterly Report
• Subgrantee's Documentation Checklist (necessary to close project)
The financial administration of this project will be coordinated by the OEM Recovery
Services office. Your Project Coordinator will be Judy Olson and she can be reached at
(503) 986-0257 if you have any questions.
Sincerely,
Abby Kershaw )
Governor's Authorized Representative (Alternate)
Enclosures
K WinGAMnn,oucr IeswuLna We IAvo
9-1-1 Saves . . . .
)ATE: 09/25/97 REPORT # 05
-INC: f1:16X . PAGE: 1
FEDERAL EMERGENCY MANAGEMENT AGENCY
HAZARD MITIGATION GRANT PROGRAM
OBLIGATION REPORT, SUPPLEMENT NUMBER. 7
DISASTER NO.: 1160
N)LIGATION DATE: 09/22/97 AMOUNT AMOUNT SUBGR
ELIGIBLE _ OBLIGATED ADMIN
:IPS CODE APPLICANT NAME 100 % (FED. SHARE) COST
)29-03050 ASHLAND 200,000 150,000 5,000
DISASTER NO.: 1160
FIPS CODE: 000-00005
SUPPLEMENT NUMBER: 7
HMG PROD OBLIGATED: 150,000
ST MGMT OBLIGATED:
GRANTEE ADMIN: 3,100
SUBGRANTEE ADMIN: 5,000
TOTAL AMOUNT OBLIGATED: /158,100
APPROVED BY: ZZ✓lC✓/�-- i4 w ! { .
MIT. TION DIRECTOR
DATE: l I Lf/4 7 TO IRM
5�
STATE OF OREGON
OREGON STATE POLICE
OFFICE OF EMERGENCY MANAGEMENT
HAZARD MITIGATION GRANT PROGRAM CONTRACT 1160-DR-OR
1.0 PARTIES TO THIS AGREEMENT
This Agreement is made and entered into by and between the Oregon State
Police, Office of Emergency Management, hereinafter referred to as "Grantee'
and the City of Ashland, hereinafter referred to as the "Subgrantee".
WHEREAS, the Grantee is authorized by the 1996 FEMA-State Agreement for
the December 1996/January 1997 Flood Event (DR-1160-OR) to execute on
behalf of the State of Oregon all necessary documents for the Hazard Mitigation
Grant Program, including approval of sub-grants and certification of claims;
THEREFORE, both parties mutually agree to the following:
2.0 PURPOSE
Federal funding is provided by the Federal Emergency Management Agency
(FEMA) and is administered by the Grantee. Under the authority of Presidential
Major Disaster Declaration FEMA 1160-DR-OR, the Grantee is reimbursing the
Subgrantee for those eligible costs and activities necessary for the
implementation of the Hazard Mitigation Project entitled Ashland Creek
Restoration Project dated June 1, 1997 and described in the application
materials submitted to Grantee as the work to be performed, hereinafter referred
to as the "project'.
3.0 TIME OF PERFORMANCE
Activities payable under this Agreement and to be performed by the Subgrantee
under this Agreement shall be those activities which occurred starting
June 1, 1997 and shall terminate upon completion of the project approved by
federal and state officials, including completion of close out and audit. This
period shall be referred to as the "Agreement Period."
In the event of extenuating circumstances, the Grantee may, at its sole
discretion, grant a time extension to the approved project. Such requests shall
be submitted by the Subgrantee in writing with an explanation of the extenuating
circumstances.
DR-1160,OEM Project#029-03050 1
Effective 8/21197
4.0 CLOSE-OUT
It shall be the responsibility of the Grantee to issue close-out instructions to
the Subgrantee upon completion of the project.
5.0 FUNDING
The total estimated eligible cost of the project for the purpose of this Grant
Agreement is $200,000.
This estimated cost may be amended by up to ten percent (10%) upon
completion of project engineering and prior to start of work to reflect actual costs.
That amended cost shall then be the total project cost for the purposes of this
contract. The Subgrantee shall notify Grantee if they elect to calculate costs
according to this paragraph, in which event, the Grantee reserves the right to
approve the costs and/or terminate this agreement after revised costs are
submitted! Engineering costs under this paragraph shall not exceed ten percent
(10%) of the initial estimated cost.
The Grantee will administer the Hazard Mitigation Grant Program and reimburse
any eligible costs for the project to the Subgrantee which are identified in the
documentation provided by the Subgrantee and approved by the Grantee and
FEMA.
The parties understand that the Federal Emergency Management Agency will
contribute seventy-five percent (75%) of the eligible costs for any eligible project
and also will contribute an administrative allowance, as provided for in
subparagraph 4 of Section 6.0 of this Agreement, and that no state funds are
li obligated for contribution under this Agreement.
The Subgrantee will commit the required twenty-five percent (25%) match to any
eligible project.
Subgrantee understands that the Grantee has established a financial limitation
for the obligation of federal funds per project for the Hazard Mitigation Grant
Program DR-1160. The limit established for maximum project obligation of
federal funds is $150,000.
DRA 160,OEM Project#029-03050 2
Effective 821/97
6.0 PAYMENTS
The Grantee, using funds granted for the purposes of the Hazard Mitigation
Grant Program from FEMA, shall issue payments to the Subgrantee as follows:
1. Small project (less than $46,000) payments: Payments are made for all
small projects to the Subgrantee upon submission and approval of a State of
Oregon Hazard Mitigation Program Payment Request to the Grantee.
2. Large Projects (greater than $46,000) partial payments: Partial payment of
funds for costs already incurred on large projects may be made to the
Subgrantee upon submission and approval of a State of Oregon Hazard
Mitigation Program Payment Request, with appropriate supporting
documentation, from the Subgrantee to the Grantee.
3. Final Payment: Final payment will be made upon submission by the
Subgrantee of a Hazard Mitigation Plan as required in the Oregon Hazard
Mitigation Program Administrative Plan for DR-1160, completion of project,
completion of all final inspections by the Grantee, and final approval by
FEMA. Final payment will also be conditioned upon a financial review by the
Grantee or FEMA. Adjustments to the final payment may be made following
any audits conducted by the Oregon Secretary of State's Audits Division, or
the United States Inspector General's Office.
4. The Subgrantee is eligible to receive federal administrative monies, upon
completion and closure of the project, for the costs of requesting, obtaining,
and administering the Hazard Mitigation Program grant(s) based upon the
following percentages of total net eligible costs.
For the first $100,000 of eligible costs, three percent of such costs;
For the next $900,000, two percent of such costs;
For the next $4,000,000, one percent of such costs.
5. All payment requests shall be made on a State of Oregon Hazard
Mitigation Program Payment Request Form to the Grantee, which references
the appropriate Hazard Mitigation Project Number, FEMA Project # and
FIPS #, and appropriate documentation as required.
DR-1160,OEM Project#029-03050 3
E8ec8ve 8121197
6. Funding shall not exceed the total federal contributions available for the
approved hazard mitigation project costs under the Hazard Mitigation Grant
Program FEMA-1160-DR-OR.
7. Grantee reserves the right to make any inspection prior to release of any
payment or at any time during the duration of this agreement.
7.0 COST OVERRUNS
Cost overruns are the responsibility of the Subgrantee and will be borne by the
Subgrantee.
8.0 RECORDS MAINTENANCE
The Subgrantee shall maintain books, records, documents, and other evidence
including accounting procedures and practices which sufficiently and properly
reflect all direct costs of any nature expended in the performance of this
Agreement. These records shall be subject at all reasonable times to inspection,
review, or audit by Grantee personnel, other personnel duly authorized by the
Grantee, the Secretary of State's Audits Division or the United States Inspector
General. The Subgrantee will retain all books, records, documents, and other
material relevant to this Agreement for three years after date of final payment, or
an extended period as established by FEMA in 44 CFR § 13.42.
Subgrantee will photo document pre-construction, construction and completed
conditions of the project and make such documents a part of its records.
9.0 AUDITS
II
Audits shall be in accordance with the Single Audit Act of 1984 and as amended.
The Subgrantee is to procure audit services based on the following guideline:
Subgrantee receiving $300,000 or more in a fiscal year in total federal
funds shall have a Single Audit made in accordance with
OMB Circular A-128.
As applicable, the Subgrantee must ensure the audit is performed in accordance
with Generally Accepted Accounting Principles; Government Auditing Standards
developed by the Comptroller General, dated July 1988; the OMB Compliance
Supplement for Single Audits of State and Local Governments; and all state and
federal laws and regulations governing the program.
` DR-1160,OEM Project#029-03050 4
Effective 8121197
The Subgrantee must prepare a Schedule of Financial Assistance for federal
funds that includes: Grantor name, program name, federal catalog number
CFDA-83-516, grantor agreement number, total award amount, beginning
balance, current year revenues, current year expenditures and ending balance.
The Subgrantee shall maintain records and accounts in such a way as to
facilitate the Grantee's audit requirements, and ensure that contractors also
maintain records which are auditable. The Subgrantee is responsible for any
audit exceptions incurred by its own organization or that of its contractors. The
Grantee reserves the right to recover from the Subgrantee disallowed costs
resulting from the final audit.
The Subgrantee is responsible for sending the audit report to the Grantee's
Project Administrator when requested. Responses to previous management
findings and disallowed or questioned costs shall be included with the audit
report. The Subgrantee will respond to the Grantee's requests for information or
corrective action concerning audit issues within 30 days of the request.
The Subgrantee shall include these requirements in any subcontracts.
10.0 RECOVERY OF FUNDS
In the event that the Subgrantee fails to complete the project(s), fails to expend
or is over paid federal funds in accordance with federal or state Hazard
Mitigation Program laws or programs, or is found by audit or investigation to be
owing to the Grantee, the Grantee reserves the right to recapture funds in
accordance with federal or state laws and requirements. Repayment by the
Subgrantee of agreement funds under this recovery provision shall occur within
30 days of demand. In the event that the Grantee is required to institute legal
proceedings to enforce this recovery provision, the Grantee shall be entitled to its
costs thereof, including reasonable attorney fees.
11.0 CONFLICT OF INTEREST
The Subgrantee will prohibit any employee, governing body, contractor,
subcontractor or organization from participating if the employee or entity has an
actual or potential conflict of interest that a public official would have under ORS
Chapter 244.
DR-1160,OEM Project#029-03050 5
Effective 8/21/97
12.0 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political
activity or to further the election or defeat of any candidate for public office or
influence the approval or defeat-of any ballot measure.
13.0 ASSIGNMENT
This Agreement, and any claim arising under this Agreement, may not be
assigned or delegated by the Subgrantee either in whole or in part.
14.0 SUBCONTRACTS FOR ENGINEERING SERVICES
In the event that the Subgrantee subcontracts for engineering services, the
Subgrantee shall require that the engineering firm be covered by errors and
omissions insurance in an amount not less than the amount of the firm's
contract. If the firm is unable to obtain errors and omissions insurance, the firm
shall post a bond with the Subgrantee for the benefit of the Subgrantee of not
less than the amount of its subcontract. Such insurance or bond shall remain in
effect for the entire term of the subcontract. The subcontract shall provide that
cancellation or lapse of the bond or insurance during the term of the subcontract
shall constitute a material breach of the subcontract and cause for subcontract
termination. The Subgrantee shall cause the subcontractor to provide it with a
thirty (30) day notice of cancellation issued by the insurance company.
15.0 TERMS AND CONDITIONS
This Agreement contains these terms and conditions agreed to by the Grantee
and the Subgrantee. Any additional terms and conditions imposed by the
Federal Emergency Management Agency or the Grantee will be incorporated
into an amendment. Such amendments shall not be binding unless they are in
writing and signed by persons authorized to bind the parties. Failure to agree to
FEMA imposed requirements shall be cause for termination. No other
understandings, oral or otherwise, regarding the subject matter of this agreement
shall be deemed to exist or to bind any of the parties hereto.
16.0 APPEALS
Consistent with the Code of Federal Regulations, 44 CFR Chapter 1, § 206.440,
the Subgrantee may appeal any determination previously made related to the
federal assistance for the Subgrantee.
DR-1160,OEM Project#029-03050 6
� Effective 8/21/97
17.0 GOVERNING LAW AND VENUE
This Agreement shall be construed and enforced in accordance with, and the
validity and performance hereof shall be governed by, the laws of the State of
Oregon. Venue of any suit between the parties arising out of this Agreement
shall be in the Circuit Court of Oregon for Marion County.
18.0 TERMINATION
If inspections and review of Subgrantee support documentation reveal
noncompliance in performance of the work and/or documentation of the work,
the Subgrantee will be required to correct deficiencies or variances before
program closure.
If corrective actions required do not resolve variances from the approved project,
the Grantee will notify the Subgrantee of such. The Grantee may then make the
determination that the Subgrantee variances constitutes noncompliance or
nonconformance to the Hazard Mitigation Grant Program and/or conditions. In
the event of such determination, the Grantee will notify the Subgrantee of such
action and recover obligated funds from the Subgrantee or take other actions as
specified under 44 CFR §13.43 Enforcement or §13.44 Termination for
Convenience.
Subgrantee may terminate this contract with thirty (30) days notice and the return
of all federal funds paid to Subgrantee for the project.
The Grantee may unilaterally terminate all or part of this Agreement or may
reduce its scope of work if there is:
1. A reduction in federal funds which are the basis for this Agreement,
and/or
2. A material misrepresentation, error or inaccuracy in Subgrantee's
application.
19.0 SAVINGS
Subgrantee shall apply any savings, rebates and reductions in cost to reduce the
overall cost of the project
DR-1160,OEM Project#029-03050 7
Effective&21/97
20.0 WAIVERS
No conditions or provisions of this Agreement can be waived unless approved
by the Grantee in writing. The Grantee's failure to insist upon strict performance
of any provision of the Agreement, or to exercise any right based upon a breach
thereof, or the acceptance of any performance during such breach, shall not
constitute a waiver of any right under this Agreement.
21.0 INDEMNIFICATION
To the extent permitted by each party's constitutional and statutory limitations,
including, but not limited to, provisions relating to debt limits, tort claims limits
and workers' compensation, the Subgrantee shall indemnify, defend, save and
hold harmless the United States and its agencies, officers, employees, agents
and members, and the State of Oregon and its agencies, officers, employees,
agents and members, from and against all claims, damages, losses, expenses,
suits or actions of any nature arising out of or resulting from the activities of
Subgrantee, its agencies, officers, employees, agents, members, contractors or
subcontractors under this Agreement.
22.0 SUBGRANTEE ASSURANCES
Subgrantee assures Grantee that the project will adhere to all applicable federal
and state laws, executive orders, regulations and policy.
23.0 OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The Grantee makes no claim to any capital facilities or real property improved or
constructed with funds under this Agreement, and by this grant of funds does not
and will not acquire any ownership interest or title to such property of the
Subgrantee.
24.0 ACKNOWLEDGMENTS
The Subgrantee shall include language which acknowledges the funding
contribution of the Federal Emergency Management Agency (FEMA) to this
project in any information release or other publication developed or modified for,
or referring to the project.
DR-1160,OEM Project#029-03050 B
Effective 8/21/97
i
25.0 'INSURANCE
The Subgrantee will comply with the insurance requirements of
Public Law 93-288, as amended, and obtain and maintain any other insurance
as may be reasonable, adequate, and necessary to protect against further loss
to any property which was replaced, restored, repaired or constructed with this
assistance.
26.0 SEVERABILITY
In the event any term or condition of this Agreement or application thereof to any
person or circumstance is held invalid, such invalidity shall not affect other terms,
conditions, or applications of this Agreement which can be given effect without
the invalid term, condition, or application. To this end, the terms and conditions
of this Agreement are declared severable.
27.0 ORDER OF PRECEDENCE
In the event of an inconsistency in this Agreement, unless otherwise provided
herein, the inconsistency shall be resolved by giving precedence in the following
order:
• none.
28.0 AGREEMENT ADMINISTRATION
Subgrantee's Authorized Agent shall be Mayor Catherine Golden.
The Grantee's representative shall be the Governor's Authorized Representative
or alternate.
29.0 ACQUISITION ADDENDUM
In the event that the subgrantee's Hazard Mitigation project involves the
acquisition of real property, subgrantee acknowledges receipt of an acquisition
addendum and agreement to the conditions and requirements contained
therein.
DR-1160,OEM Project#029-03050 9
Effective 8/21/97
30.0 ENTIRE AGREEMENT
This Agreement sets forth the entire Agreement between the parties with respect
to the subject matter hereof. Commitments, warranties, representations and
understandings or agreements not contained, or referred to, in this Agreement or
written amendment hereto shall not be binding on either party. Except as may be
expressly provided herein, no alteration of any of the terms or conditions of this
Agreement will be effective without the written consent of both parties.
IN WITNESS WHEREOF, the Grantee and the Subgrantee have executed this Agreement
as of the date and year written below.
Governor's Authorized Representative Authorized Agent Signature - Subgrantee
Oregon State Police Printed Name: Catherine Golden
Office of Emergency Management Title: Mayor
DATE: DATE:
Oregon Emergency Management Subgrantee - PLEASE PRINT THE
595 Cottage St NE FOLLOWING TO EXPEDITE
Salem, OR 97310 PROCESSING:
Federal Tax ID No. (TIN):
CFDA:83-516 Organization:
Address:
f Phone:
DR-1160,OEM Project#029-03050 10
Effective 8121/97
•'..,pF AS�,�e .
MEMORANDUM
♦ORFQOa
To: Mayor and City Council
From: Jill Turner, Director of Finance
Subject: Community Development Block frant Loan
Date: October 17, 1997
Recommendation: Authorize the Director of Finance to borrow up to $50,000 from the
Insurance Services Fund.
Discussion: The Community Development Block Grant Fund will need to borrow money,
pay expenditures and then be reimbursed by the Federal Government. Projected cash flow is
on the attached worksheet. Approval of City Council is required.
Cash Flow Scenario
CDBG
Fund
Cash Balace 10/1/97 (27, 939 . 19)
October Revenues 33 ,000 . 00
October Expenses 4 , 800 . 00
Cash Balance 11/1/97 260 . 81
November Revenues 0 . 00
November Expenses 50, 000 . 00
Cash Balance 12/1/97 (49, 739 . 19)
I
I
n,
RESOLUTION NO. 97-
A RESOLUTION AUTHORIZING AN INTERFUND LOAN TO THE COMMUNITY
DEVELOPMENT BLOCK GRANT FUND
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
RECITAL: ORS 294.46 requires an ordinance or resolution to permit a loan from one
fund to another; and a loan cannot be made from a debt service fund to any
other fund. If the loan will not be repaid by the end of the fiscal year, it
must be a budgeted requirement in the following year's budget.
SECTION 1. The Director of Finance is hereby authorized to borrow $50,000 from the
Insurance Services Fund. The loan will be made prior to June 30, 1998, and
will be repaid with accrued interest prior to June 30, 1999. Interest will be
charged at the City's average interest rate at the date of the loan or the date
of repayment, whichever is higher.
This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090
duly PASSED and ADOPTED this day of 1997.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of 1997.
Catherine M. Golden, Mayor
Re ewed, I
as to form:
p(�,u,�l`)(tt�
Paul Nolte, City Attorney
(G:ji11\wp\co=iN4 [utui\1=.=)
. . . . . . . . . .
V
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Awdidi,mix many,parU.0f,tlkloptr.y,.,toii7 �4� fydanii"Ahe 19!
Tourism bili
ltors:X.-1 lost 1W ul."',*�'. U§ g
su �Z.
lft ...... 16� ofed.19thceutury,
bardift the very asse
N, -and lo -tp
appeal contras1w, i'f�;od ..dpw es blisbT,
;We areall"familtml•ivAh -S �--,tounst�attracuo'-- ' -"-th"S-' Ii�,'M6iilit"s!��:mentsare�partotMetota,"Unsm-
the colorfuliads.. -11 2ez%L ns near, e� mo iJT
C "
iitioiL-altPirkii�'itiai,.�Cb�r6leie'�Indi�ki;a� Y-*Shouldn't ,d' ei&t id at)'
* charms 47 06d.tAt�io$qr"lite theta; .HOW RA botag ifit S6
encamcifies, � 11 - �.T I ' - - -
�"rtquxisi an out,osing,lts-l--m'sing.-teepewitotem.po es,
-'s-fiRdwift-atti-, Ao
they are'MW ictive-,�� hbna,1? 1,sia
ay
azilea e it red 1V,�r �N a torie'-' .'soul?jM64,fthp, ;,leaders f"
scenes: _§,,in Woift,�Kis sdets 1111i onnets;,,eyfu qug,,� siwas.,neverli4r.ga-'��i-Mor6:i:b?-Itisdiii, W 0 An—
- .9
that lf=-not e pVoiog5tnblred:But1t4-ognize a 41 Tappings l-Ah'eir;culture;%T
bW6diiiin6rcia1),iatioii'j4qd ent :gtvpiise t in,li
f t I t- b*F
jwaj,�,�ound it-is -e�'r'e'a a o n at� os . ouris S4',,-�stereo"ink,& g., �
I the -'Ofte4�no6l lo;V61y.;Bdck wV&',t& ait;-'Siid',jinttfr6,trav,&l4
iid�hbusejand ybu'lbfindjs��,,�#ome for a t d tind
trom- �th I ��pUrisiiiIndustryMd deiValued.'tbe*ii'ea�is,�.- tPurismin ., z desbnauon Int 'iffit; 'WWIR&-y-
likely.asoot;. it is hemmed inhy-a'fifst-food�`.that sustaining todrism reqjli�iii',iW teiffi
te the
a`,-s-c'rdam-j-W'g red roof on one strategy.Aseconomic d6elopment t -seeing..tourism big fiiiiits-. To�,
t fi in -.',mation'J�abodi-yilrif dibiO
a,pow ffa-�tory4ellih -).
side and i p�- - lit e Rypkema says,-",� Z dylgOeV anYw MOTO t�` '-boa-h tour-busey$ ndo Wdh P�etathontcan-
64dallashingportabi g
,� I� - 1- 1 1 p
,manycars, - s, condom 1%4L Z�lt!�r
4 - Aty
-sign,on down a V�rsfide:or;
an( harm, tool that cao make as athacGon?ywervan'entue
peop e can,overwhelffi'a cormn
some the cityj d6 both'thesz� things;bit that isn't.the''
sm!deve opment ma[
_4
they went there."An -,tenmana Iresourc
'tt�- i0vZ can cmate a toun'.-1-i&&Msthe ca ill � - � ,I.- " I --, , " RMO
'0 paaO:bf thi3'i65systFMI or fi
-ewdrces, why the
I e but'it is th se-�p ce I liller,M stio If
,�C �resoed,a,commiEtys'§i�ig&r(if-�lk6�*iu ' "-'- * - M�
jp�ry& pecting to attraction o Is t#e itiiig;M--'--7-- �jg&&g��r -amhiiportauiti
ctjpn,6f,,--,respec
ideq!heri--?4�icry7fEirm:is,.---tioia ...... �gd�.�
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rj- J�-,and'�esi e-q'ts`*,F
d' A
-vIer -'that tounsWcometto enjoi on"
(ttiariksto want -4- -,1 nah
us: town is quaint Z
:in son ,the Amis17 om a yattributew "ways We '
qie n _stM_CoMWUMWpr
�is l �A-.tural �j
fdiindi Adii a of -e
Md Sa�-�+ah,Gi:,.�h�'rlistoii,;SC."i Santa:F
idisappoinhid to e,,p:aiice.fiatyretand,�.�er`l S�strepg se- pl?z-ir Fiahonal Elk
4ia G41f resot.O'- Ref6geputside ofjaULWnW�04�Jsnne.
;Vfct'6' 0 li%= --
suburb� nmuit6d 6y roads .-.,N.Ml MDU
'Liiiii"aii,
America's leading tourism destinations pr W Un t."r redffErTp aces'-
'g'daujhter.s -andt see subtropical birds .:inQirpretativS-
ziyg,t1iat.help.,i ...
iii;pLouf saying,
_�Ject�seashells;.
I cas--, ly because they,giiii.'Oioii��ti.dLi�e�r,�uu*q�p:- 1-1 -
-lived in "v1--pF6te6t1tsabundantWU �e+;.w te:iaddz6'j -WunderstandAliai
Ticld Pw
gy,�IAM 't; eAmish M,"'hi-l- ith&difliabiii�-.
,ar&itectural,heritaget�By contrast traffic near e.Wtch'
�Oow old
'des�";�as-we.kat,stfl&iu, - We:Dutch �M MINIMP-5- �1:1
A,afid'.qidet,ch; Salbel.divel6�edlmas. e or dthi�r:wil
!.W6iid61afid'tlieiii6 `have lobliterated t I i -a ft iW-c-t filid 1 ■Ilemah i9th66Y A64,
y;any- --- "I I - . '.
�Ate',plin,-Wsid gn an*ii 'M iliat was 9Z'- ean,.-
-visitors at ill,"eix'6�epf id-Wilighli'66in...petitiv`e` W
M,MO
tionslup between'
Iii ii iMd'th`6:eaViRO`fijjnj6t and notoriotislyfickli�ciinventidn business . iWonIMlislalitip on p eta hit WFAW
a iiaWj&Fqeta V
Fi far Not every colnpiimiodOlessed' thagreat-' *
air an
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`Iv-W-bD Orote
,s'theiislidd?s H.4
,UiiforhiiiatiV,-.m�Cnf't�iiii;M,6ffi�iiis.a' E7 PAft of nai�asn,
1� I �-�Itl
fife,-tne need Wevac us
'natu al,' 'd i'li I 1K � H ,4 Il V Y
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6 in E.commuujuesin.�..,En
goutm
bons-creating DuuoiugsDur�- Os is Wbefore urn9anS..and`)t1ie-1 uQi0--Ma5Pdti&1fiRe-,
,.gtanCy brochures an compelling e " a rco
e la pW Rjas;an. e part If
-5di.--ltho'tfieY,.,e-,'*ith)*tecW';and enfiii�c--�,--�'potential�t67attriEi�t� -B -establishin -developmems 70
y -iiji' iiihitahl, ,
ig -moriCnh
COMMUnIW,must take But.
fti&I ' - mg,
ILI I,- - . - I . ,
thad-ct the -TYMP 11;# Rghten6d,YPr y1re'tryingto.se potential -4� commupihes
- - I— — -nnfi,m Kcul oi�
voly -,its assets,.Whataaft Al n, ailty ToUs,
-"jmoreyian;'marxetmgAt 'Vita,
cKdoes,it,.�,-.W,6 e !i �iir
-j6peal-�-.,Fesog is
es. 5 -getand-us-econoimt-weiFbemg�
,.ja
stas,V ting.
ty 0
mmumtV,j
meads,Fonservin g, yqes givektni;pomm
Ing',t a g.,and.enhauci, scemc,y!ewtan
l; z-5Mati the -- 'acterand'i p! kin-g-4 i5mrb11iiig-.
miatimismali. #W ty
-n-tpar obigni .4 ....
4tu'fral��Z� a Xd9h6-dW-,i�6rtWtit6'&q- ..'
u me ta e,,�.0 ::�Fhlsls'ho
�f from f-.r.
that. ..... --Aransormation onii�,:cit.y� wo,
An
,of,a codilhumty,opregioM. attracts kts. - :1 - ,, , �- - �-'
declinifig Ectoryit6w1jImwi
sightiWeraffi --tfieres�,balfo L!�,
un 16 ent rke�-W33' ',ei6Eh a
em
...�1�1 .,,.is-')& Yigreat-
SO -r a
-Tplao6wffretamlits, b- 9�t t destinationF;ih," �-Ubfiehnequen itAi(noQh
;I- othanrothers'.111urno 66W�. �i
receives ll� INAD*
noize�FLIIUM;d& orws!tdo
I- iirica�bukVufoffimite
�-A.`,d ly'
grea jour qrA,kfez hajs-,
oWdWjtoo,c ( -u - 'I w
prftme�toKtootmucl erejaTe ew
�re
-aZ t'.-.4why.jtis�hf; f the
U-SWY.
ci �OseVi
d -,'cg!Ls Wenco,
0DRL4nit,y� oeiit,%1 eqf,�itqAun
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f.ennati"Ifili- 'En�*
+mor,%; url§ts ivW-iR-a;1r
Min
1�..1- emore a-c'*5 mm,'ff,-U d"a
MW
(T-tusto5c
S protect,m
recent "-j
Ss an T 'V,
tan :are!so
3h-np-of,
U,
en 'CHOULKI UY-W- up
e, o -bropenlaad
r ims,-i aii's-m- I d'd'U'
sliopo�-W;centers-a�ntai�%tk-o-usimnu develop gf I rr g developments*
A.
VQNaie'�XAs- ston b a 8, sa.
c Goole lu do Wey complement the resource or-COP.IprQ.Uuaqiw,CommumUes;kno)v!tlfe,zare�,-�-',,,, CMC P" U p em e-to
y__ I I I
_e 't'.sh'W- Sthe�' industry it ue tr a to
-IKUM development _ - I— --
-0-16 itfstbW e-s' 0-
9 :--i kbimminiti
MMPJW,�119 - US T-1
�ra -o"4 MV-7-1
-JC�mmunit A
p
a P
UC ;j
S][dies*eves stflttificant d-- 'Pall,
iffereff-cep in ffid iWiic
I iniffiTaLldil an lj�
an residents perceive a commum D turcq�
I R' A;
notice eveffmi jing.aroiffii
fl QTOAMW _h around theme
while'residents'tend-,t6hW6G,1,i �-� IRR
Witd merit along
17,
If We of e
.q Uh ffl[�J
-P-24 _ rF! r
ti nal literAwl- -
CITY OF ASHLAND CITY HALL
�- ASHLAND.OREGON 97520
MEMORANDUM
TO: Honorable Mayor and City Councilors
Parks and Recreation Commissioners
City of Ashland �j y
FROM: Brian Almquist, City Administratov( �
Kenneth J. Mickelsen, Parks and Recreation Director
DATE: October 17, 1997
SUBJECT: Joint Study Session pertaining to distribution of property tax monies
As we are all aware, Ballot Measure 50 has had an affect on Oregon's property tax
structure.
City staff and Parks staff have been working together studying how Measure 50 affects
the taxing structure for Ashland. We have developed a plan related to distributing
Ashland's property tax monies which we would like to present to both the Council and
the Commission at a joint study session.
With the 1998-99 budget season approaching rapidly, we would like to schedule
meeting in November. Some suggested dates would be: November 6, 10, 11, or 12.
AB:BUDGE n97-98\MEMOS.97
MEMORANDUM
''•,OREGO�,.e,
To: Mayor and City Council
From: Jill Turner, Director of Finance
Subject: Mike Biondi's Retirement �^
Date: October 17, 1997
Mike was first employed with the City of Ashland as a Laborer I in the Public Works /Water
Department for $460 per month in December, 1970. He was promoted to a Utility Worker I
in March of 1971. In October of 1971 he was promoted to a Utility Worker IV and served in
that position until May of 1978. He left at that time because of the lack of promotional
opportunities within the City. Mike worked for six years at Ashland Hills Inn where he
served as Business Manager, Purchasing Agent and Personnel Director. Mike was rehired in
December of 1984 as the Purchasing Agent/Storekeeper. In 1985 Mike also assumed the
responsibilities of the Cemetery Division. His present duties are Purchasing, Cemeteries,
Building Maintenance and Safety Officer for the City. Mike truly has demonstrated his
ability in many different Jobs. He has wom many different hats.
Mike is especially noted as a person who is very easy to get along with. He is an
accommodating person and works fast and efficiently. He is well respected by his coworkers
and always courteous. He has shown a professionalism and a code of ethics that is admired
by everyone he works with.
The shop crew used to have donuts with Mike on a regular basis, and Mike always pressed
his donut flat between two napkins so he would not get crumbs and frosting in his beard.
Some one took Mike's donut out to the shop and pressed it flat between two napkins in the
55 ton shop press, then returned it to Mike's place at the table. Upon returning Mike started
eating the donut and thanked whoever pressed it for him.
Mike is most proud of his family. He and his wife Myrna raised four boys and are proud
grandparents of 13 grand kids. Mike will enjoy retirement working on "Noah's Acres". He
recently was showing off a beautiful new cap. The cap was made of wool that was from
sheep raised on his farm, shorn, spun and knitted all by family members.
We wish Mike best wishes in retirement.
G:\ji11\wp\Mikeb
October 17, 1997
Robert E. Taber
97 Scenic Drive
Ashland, Oregon, 97520
Mayor Cathy Golden and Ad Hoc Hillside Ordinance Committee
20. E. Main
Ashland, Or. 975620
Dear Honorable Mayor and Committee Members :
I wish to thank and salute you, your staff and the committee
members for the exemplary results of over a year of diligent
work in the creation of the Hillside Development Standards
ordinance. If you did err, you didlso in favor of the
conservative approach, and time will reveal if any of the
standards are too lenient. As it should be.
The recently presented opposition to it by two special
interest groups is not surprising, albeit totally without
ethical or legal substance.
It is clear that the beautiful tree and vegetation covered
hillsides of Ashland are one of our most treasured Natural
Resources and as such belongs to all citizens to experience
to enjoy and to protect. It is also clear that these areas
are very sensitive ecologically, and are easily damaged or
destroyed by earth disturbing activities . We can not allow
irresponsible or uncontrolled development to further damage
this resource. Additionally, soil erosion and water run off
caused by improper disturbance in these areas not only
damages the ecosystem itself, but also subjects property
owners and citizens at lower levels to injury and property
damage.
I maintain that any individual or company wishing to build or
do construction within this resource must be controlled and
constrained by an ordinance designed to protect this resource
for the citizens and the future generations of this city.
This is the democratic mandate whereby the majority of the
people are served according to their expressed preferences
and for their wellbeing.
This ordinance makes an excellent beginning towards this end.
And it is, of necessity, in full compliance with Oregon's
State Wide Planning Goals Number 10:Housing, Sect. A,
Paragraph 4 . which states : "Plans providing for housing
needs should consider as a major determinant the carrying
capacity of the air, land and water resources of the planning
area. The land conservation and development actions provided
for by such plans should not exceed the carrying capacity of
such resources. " "Carrying Capacity. Level of use which can
be accommodated and continued without irreversible impairment
of natural resources productivity, the ecosystem and the
quality of air, land, and water resources . "
I
I
I
pg. 2 taber
I am in favor of retaining the original version of page 25
paragraph g. and not adopting the recommendation by Mr.
DeBoer. Again, referring to the Statewide Planning goals No. 5
paragraph (3) " to promote healthy and visually attractive
environments in harmony with the natural landscape
character. " Your paragraph g. conforms perfectly to this
goal .
Please feel free to read this at the committee meeting.
Thank you, again.
Since1...
d
Robert E. Taber
i
I ,