HomeMy WebLinkAbout2004-0420 Council Mtg PacketCouncil Meeting Pkt.
BARBARA CHRISTENSEN
CITY RECORDER
CiTY OF
-ASHLAND
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. The Public Forum is the time to speak on
any subject not on the printed agenda. 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
April 20, 2004
Civic Center Council Chambers, 1175 E. Main Street
6:15 p.m. Executive Session: Labor Negotiations with Ashland Police Department
pursuant to ORS 192.660(2).
6:30 p.m. Council Chambers Lobby - Celebration of James M. Ragland "Volunteer Spirit"
Community Service Award with cake and refreshments.
7:00 p.m. Regular Meeting:
I. PLEDGE OF ALLEGIANCE:
II. ROLL CALL:
II1.
APPROVAL OF MINUTES: Regular Council Meeting Minutes of April 6, 2004; Minutes of
Executive Session of April 6, 2004; Study Session Minutes of April 7, 2004; and,
Continued Council Meeting Minutes of April 8, 2004.
IV.
SPECIAL PRESENTATIONS & AWARDS:
~. Mayor's Presentation of James M. Ragland Memodal "Volunteer Spirit" Community
Service Award.
2. Presentation of Tree City U.S.A. Award and slide show.
3. Proclamation of April 18 - 24, 2004 as Volunteer Recognition Week.
4. Proclamation of April 26 - 30, 2004 as Respite Care Awareness Week.
CONSENT AGENDA:
1. Minutes of Boards, Commissions and Committees.
2. Confirmation of Mayor's appointments/reappointments to various boards,
commissions and committees.
VI.
PUBLIC HEARINGS: (Testimony limited to 5 minutes per speaker, unless it is the
subject ora Land Use Appeal. All hearings must conclude by 9:30 p.m. or be continued
to a subsequent meeting.)
(None)
COUNCIL MEETINGS ARE BROADCAST I.,IVE ON CHANNEL 9
V1SIT THE CITY OF ASHLAND',S WEB SITE AT WWW.ASHLAND.OR.[JS
VII.
VIII.
IX.
Xl.
PUBLIC FORUM: Business from the audience not included on the agenda. (Total time
allowed for Public Forum is 15 minutes. Speakers are limited to 5 minutes or less,
depending on the number of individuals wishing to speak.)
UNFINISHED BUSINESS:
(None)
NEW AND MISCELLANEOUS BUSINESS:
1. Ratification of Labor Contract between the City and the Ashland Police Department.
2. Strawberry Lane Property Partition - Proceeds of sale to fund Housing Trust Fund:
Update on Planning Process.
ORDINANCES, RESOLUTIONS AND CONTRACTS:
1. Reading by title only of"A Resolution Creating the Charter Review Committee."
2. Reading by title only of "A Resolution dedicating Property for Open Space Park
Purposes Pursuant to Article XIXA, Section 2, of the City Charter (Zaller and Geddes
Property located at 755 Oak Street)."
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
XlI.
LIAISONS:
ADJOURNMENT:
II
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meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-
2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I).
COUNCIl.. MEETINGS ARE BROAI)CAST IJVE ON CHANNEL 9
VISIT TIlE CITY OF ASHI.A-ND'S WEB S1TE AT WWW.ASHI.AND.OR.US
~4SHLAND CITY COUNCIL MEETING
~4PRIL 6, 2004 - Page I of lO
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
April 6, 2004
Civic Center Council Chambers, 1175 E. Main Street
CALL TO ORDER
Mayor DeBoer called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilor Laws, Amarotico, Hartzell, Jackson, Momson and Heam were present.
APPROVAL OF MINUTES
The minutes of the Regular Council Meeting of March 16, 2004, Study Session Minutes of March 17,
2004 and Minutes for the Special Meeting of March 18, 2004 were approved as presented.
SPECIAL PRESENTATIONS & AWARDS
Proclamations of April 16 - 18, 2004 as National Youth Service Day and of April 4 - 10, 2004 as Arbor
Week in Ashland were read aloud.
CONSENT AGENDA
1. Minutes of Boards, Commissions and Committees.
Councilor Morrison/Hartzell m/s to approve Consent Agenda. Voice Vote: all AYES. Motion
passed.
PUBLIC HEARINGS
1. ODOT's Request to Approve Night Construction Work on the Green Springs Highway (OR 66)
within the City Limits (MP 0.8 to MP 1.99).
Public Works Director Paula Brown introduced ODOT Project Managers Debbie Timms and Joe Thomas.
Mrs. Brown presented the staff report on the request for night construction by the Oregon Department of
Transportation. The report included a synopsis, staff recommendation, fiscal impact and background
information. Attached to the report was Chapter 9.08.170 Unnecessary Noise from the Ashland Municipal
Code and a map of the project area.
Staff recommends the approval of ODOT's request with the following additional conditions: 1) Night work
hours should generally coincide with standard work hours for the- businesses such that there are no lane
restrictions between 8am and 6pm, 2) Contractor should maintain one operable travel lane in each
direction on the west side of 1-5 during this night work period. Any night work on the east side of I-5 must
have adequate detours, signage and contractor must advise emergency dispatch of these closures, 3) The
night work may not begin prior to July 12, 2004, and due to the 4th of July holiday, it is the City's
preference that work begin after July 7th as opposed to July 1st as specified by ODOT, and 4) NO night
work shall be conducted between 9pm Friday through 8am Monday.
Mrs. Brown explained that notification postcards were sent out to property owners within 200 ft. of the
work zone to advise them of the upcoming paving project. Discussion was held regarding the hardship on
drivers, property owners and project managers in regards to night paving versus day paving. Mr. Thomas
explained this type of project requires long lane closures, which could create severe congestion if
performed during the day. Mrs. Brown stated that she believes this project will take less time to complete
if performed at night. ODOT representatives agreed that the conditions recommended by Staff would be
workable. Mr. Thomas clarified that ODOT does not expect an award on the bid until July, and there will
ASHLAND CITY COUNCIL MEETING
APRIL 6, 2004 - Page 2 of lO
be no impacts on the 4th of July festivities. Mr. Thomas explained the process and time involved in
paving. Mrs. Brown stated Staff has received about a dozen comments from citizens regarding this
project.
Public Hearing Open: 7:20 p.m.
Alea Kent/233 Clay Street/Stated that she was not sure if her property was within 200 ft. of the
construction site, but said that she would be affected and had not received notification. Ms. Kent
explained that there is currently a day time construction project being performed across the street and if
this night time project is approved, it will be very difficult for them. Ms. Kent voiced concern with the
decibel levels and the inability to sleep.
Doris Lundall/565 Oak Hill Circle/Voiced concern wkh the night noise. Ms. Lundall suggests paving
the commercial areas during the night and the residential[ neighborhoods during the day.
Public Hearing Closed: 7:24 p.m.
Mrs. Brown explained that the grinder is the noisiest, but that more complaints are received in regards to
the back-up bells and beepers. Mr. Thomas stated the decibel level for the grinder is approximately 90.
Mr. Thomas also clarified that this is a moving operation, and most residents will only be inconvenienced
for 2 nights (one night per lane). It was mentioned that performing the work at night would inconvenience
the least amount of people.
Councilor Morrison suggested the ending time on Friday be changed from 8pm to 7pm.
Councilor Hearn/Jackson m/s to approve Staff recommendation with the change to the ending time
from 8pm to 7pm on Fridays. DISCUSSION: Councilor Hartzell voiced her desire to see a happy
medium in order to give neighborhoods some rest from the noise in the evening. Roll Call Vote: Laws,
Amarotico, Jackson, Morrison and Hearn, YES. Hartzell, NO. Motion passed 5-1.
2. Appeal of Planning Action 2003-188, a request for a Physical & Environmental Constraints
Permit to construct a single family residential home on Hillside Lands within a Historic District.
Applicant: Sidney and Karen DeBoer.
Mayor DeBoer read aloud the procedure for the Land Use Public Hearing.
PUBLIC HEARING OPEN: 7:35 p.m.
EXPARTE CONTACT:
Mayor DeBoer announced a conflict of interest; he is related to the applicant.
Councilor HartzellfMorrison m/s to allow Mayor DeBoer to recluse himself from the Public
Hearing.
Councilor Hartzell was asked to chair the Public Hearing as she had been selected as the 2004 Council
Chair.
Councilor Morrison stated he was present at the Historic ,Commission Hearing as the Council Liaison.
Council Hearn stated he has read newspaper articles and the emails contained in the packet. Councilor
Jackson stated she was the previous Council Liaison to the Historic Commission and was in attendance
ASHLAND CITY COUNCIL MEETING
APRIL 6, 2004 - Page 3 of lO
when the initial proposal was presented. Jackson clarified that the current design is different from the
proposal she heard. Councilor Hartzell stated that she had performed a Site Visit.
Bill Street/180 Mead St/Stated he is concerned over Councilor Hearn's participation. Mr. Street listed
several references where Councilor Hearn made comments in regards-to the Maximum House Size
Ordinance, the DeBoer Property, and Ex Parte Contact. Mr. Street stated Councilor Hearn's strong
emotional statements suggest a lack of impartiality in this matter and asked that he recluse himself.
Councilor Hearn explained the Planning Action that iMr. Street is referring to was brought to the table by a
fellow councilor and at that time all of the councilors offered their opinions. If this were the basis for a
recusal, the entire Council would need to step down. Councilor Hearn stated he did not have any specific
Ex Parte Contact or any financial interest in this matter.
Councilor Laws stated Hearn's concerns were regarding the process of this proposal, they did not show a
bias in terms of content.
Assistant Mike Franell explained the Council does not need a specific vote to deal with the allegations
raised by Mr. Street. If the Council is satisfied with Heam's assurance that he can remain impartial, the
Public Hearing can continue.
Councilor Laws explained that City Attorney Paul Nolte had previously informed the Council that when it
comes to Ex Parte Contact, they are free to speak with anyone and do not have to report it up until the
matter has been appealed.
Mr. Franell clarified the purpose of the Ex Parte Prohibition is to ensure that whatever is being considered
to make a decision is cited for the public, so that bo{h sides have an opportunity to comment on what may
influence the Council's decision. Mr. Franell stated if any councilor has had any information that has
influenced their decision (other than the information contained in the Public Record), it should be
disclosed at this time.
Gary Peterson/201 W. Main St./Attorney for the applicants/Questioned Councilor's Hartzell ability to
be fair and impartial given her significant contact with the vocal opponents in this matter. [Councilor
Hartzell assured the applicants that she could remain impartial.] Mr. Peterson entered into the records an
objection regarding the jurisdiction of the City Council to hear this matter.
Mr. Franell explained that City Attorney Paul Nolte has stated that this is a Type II procedure and therefore
can be appealed to the City Council. Mr. Franell explained there is some degree of ambiguity in the code
and the Council has the opportunity to make an interpretation as ~o whether they believe this is a Type II
procedure and appealable to the Council, or whether the Staff decision is final and any appeal would need
to be heard by LUBA. Mr. Franell further explained Section 18.107.70 of the Ashland Municipal Code,
which deals with the provisions of decisions and appeals. Mr. Franell stated it is the Legal Staffs opinion
that the Council does have jurisdiction to hear this matter.
Councilor Hearn/Amarotico m/s to accept the City Attorney's decision on this issue. DISCUSSION:
Councilor Morhson stated the logical process would be to follow the code and hear this appeal at the
Council level. Voice Vote: all AYES. Motion passed.
Mr. Franell stated the applicant's second objection deals with section 18.108.110, Paragraph A2. Mr.
Franell explained that Paul Nolte originally drafted this language 10 years ago and it was his intent to draft
language so that there was some notice as to the objections that would be raised. He did not necessarily
desire that they be specifically laid out. Mr. Franell stated it is the Legal Staffs opinion that the references
ASHLAND CITY COUNCIL MEETING
APRIL 6, 2004 - Page 4 of lO
that were included in the Notice of Appeal satisfy the requirements.
STAFF REPORT:
Community Development Director John McLaughlin and Associate Planner Mark Knox presented the
criteria and applicable standards. McLaughlin presented the synopsis of Planning Action 1003-118, which
included the grounds for the appeal, staffs response to appellants' argument, and the recommendation by
Staff. The report indicated that the record for Planning Action 2003-118 had previously been sent to the
Council on March 26a'. Attached to the report was information provided for the Council from appellant
Colin Swales, and letters from Philip Lang and Gordon ltull.
Mr. McLaughlin explained the timeline of events leading to this Public Hearing, stating the application
was filed on September 2, 2003, and Staff deemed the application complete on October 10, 2003. On
October 20, 2003 a request for a Public Hearing was received. The Historic Commission at their meeting
on November 5, 2003 voted to deny the request, stating the structure did not fit the Historic District by it's
mass and scale. The Tree Commission reviewed the application on November 6, 2003 and recommended
several conditions regarding tree protection and mitigation measures. The Public Hearing was held in front
of the Planning Commission's Hearings Board on November 12, 2003, and the application was approved at
that time. The Hearings Board adopted the Applicant's Findings, making the decision final on March 9,
2004. On March 17, 2004, an appeal was filed by Colin Swales, Bryan Holley, and Bill Street.
Mr. McLaughlin clarified there are no requirements for size or style of a single-family home; only
commercial and multi-family use buildings require a Site Review. He added that had this home been
proposed on a slope of less than 25%, it would have had no review at all. Mr. McLaughlin also clarified
the Historic Commission's role is purely advisory. They can make recommendations in regards to the
betterment of the Historic District, but the Historic Commission does not have the authority to deny the
application.
Mr. Knox clarified the maximum lot coverage permitted in this zone is 45%. He added the Hillside
Ordinance contains a formula for the percentage of property that must be retained in its natural
environment. Mr. Knox stated the applicants will argue that nothing on this site is natural, after being
disturbed over the years through previous home development. Mr. McLaughlin stated the Hearings Board
found that the standard was inapplicable because no portion of the property is presently in its natural state.
Mr. McLaughlin clarified the trees on the property cannot be removed and are still protected by the
Ordinance.
Mr. Franell explained that the Council should treat this matter as a brand new hearing. They are not
judging on whether the appeal is appropriate, but rather if the application meets the required criteria and
standards in the Municipal Code. It is up to the applicants to prdve th'ey have met the criteria. Mr. Franell
stated that Mr. Peterson has submitted a memorandum refuting this opinion, however it is the Legal Staffs
opinion that this hearing is a de novo hearing, the applicant bears the burden of persuasion, and Council's
job is to determine whether the application meets the criteria of the code.
APPLICANT:
Craig Stone, representing Sidney and Karen DeBoer, moved that all evidence put before the Heatings
Board be placed in the record. Mr. Stone explained this application was not hurried along, but it is a piece
of architecture that has been worked on for several years, and coincidentally comes before the Council on
the heals of the Maximum House Size Ordinance. Under Oregon Law, the applicants are entitled to a
decision based on the standards in effect at the time the application was filed. Mr. Stone stated this
application does not involve neighborhood impacts, other than those that are of an environmental and
physical nature. He also stated that the approval criteria does not deal with the size, appearance,
architecture, or the historical compatibility of the home. iMr. Stone claimed the Historic Commission was
ASHLAND CITY COUNCIL MEETING
APRIL 6, 2004 - Page 5 of l O
not operating under the standards the approval criteria require and because of this asked that their
recommendation be given little weight. Mr. Stone explained the applicants do not believe there is any
existing natural areas to be protected on their property. Mr. Stone referred to their expert Geo-Technical
Engineer, who concluded that after the site is fully developed in accordance with the applicant's plans, the
site will be fully stabilized and there will be no adverse environmental impacts. In addition, the
consideration of hazards and mitigation measures have been completed in accordance with the provision of
the land development ordinance. Lastly, the applicant has taken all reasonable steps to reduce the adverse
impact on the environment. Mr. Stone stated the area surrounding the proposed site is a fully developed
urban area with mixed housing. He also explained that single-family dwellings are permitted as long as the
City's requirements have been observed, and he asserted that they have been. Mt. Stone stated none of the
natural features mentioned in the Physical & Environmental Constraints Ordinance exist on the property or
in the nearby area because it is fully developed. All of the mitigation that has been recommended by the
applicants' qualified experts has been incorporated into the design plans that are before the Council
tonight. Mr. Stone questioned the opponents' argument that states reducing the dwelling size is required in
order for the applicant to take all reasonable steps to reduce adverse impacts on the environment. Mr.
Stone explained why they believe this is a flawed argument. Mr. Stone also stated his clients have agreed
to any reasonable forms of mitigation with the exception of reducing the size of their home. He explained
that they are in possession of a number of emails that have been sent to the Council, and stated that if they
do not speak of the criteria and standards of the environmental constraint, than they are irrelevant. Mr.
Stone concluded by stating if the standards in place at the time of the application have all been met, than
the applicant is entitled to a permit.
Mr. Stone clarified for Council that this application deals with the reconfigured property that would result
from a lot line adjustment. Mr. Stone explained that Staff has informed the applicants to proceed with this
application before concluding the lot line adjustment
Councilor Morrison mentioned the applicant had provided the information regarding the slope of the
property.
Mr. Stone clarified the City had possessed aerial photography, which was not very accurate. As part of
their application filing, the applicants were required to prepare maps that broke the area up into 5%
gradient increments. This was completed and was based on the evidence from the surveyor. Mr. Stone
submitted additional maps to the Council, which established that none of the slopes approach 35% within
the area to be built upon.
Mr. Stone explained the intent of the Hillside Ordinance was the establishment of a formula that would
ensure that in the development of Hillside properties, there was a requisite percentage of each parcel to be
left in a natural state. Mr. Stone stated that this ordinance does riot apply to a redevelopment application,
stating you can't preserve what does not exist. He explained that the applicants did examine what
percentage of a property this size would need to be left in it's natural state, and made certain their
landscaped areas and areas not developed with structures met that required percentage (which is 55%).
Council questioned if the driveway and pool were being excluded from this percentage.
Ken Ogden, Architect for the Applicant, stated the driveways' paving pattern utilized material that allow
the water to seep into the soil underneath. Mr. Ogden further clarified there is a certain percentage of the
driveway that was included in the 55% figure. The swimming pool was initially anticipated to be an
enclosed structure, however the current plan is to cover the pool with a canopy, and is not included in the
overall calculation.
IN FAVOR OF APPLICANT:
ASHLAND CITY COUNCIL MEETING
APRIL 6, 2004 - Page 6 of l0
Jon Harbaugh/212 Vista/Voiced support of the project and does not feel this home would impact the
streetscape. Mr. Harbaugh feels it would be inappropriate to change the rules and the project should be
judged on the law at the time the permit was applied. Mr. Harbaugh feels the home will be an asset to the
neighborhood and encouraged approval of the application.
Bill Greenstein/191 N Wightman/Encouraged looking at current historic homes and how they were
unique in their own time and have been well preserved. Mr. Greenstein explained that our treasured
historic homes would have never been built if our previous residents had used the opponents' standards.
He stated these homes provide a meaningful link to our past, and that Mr. DeBoer is not doing anything
that our founding fathers didn't do. Mr. Greenstein noted the importance of diversity and asked the Council
to approve the DeBoer's vision.
Doug Forsyth/65 Granite/Commented on what America stands for, including private ownership. Mr.
Forsyth proclaimed that it is a travesty for someone to come along and tell the DeBoers' what they should
do with their land, and voiced strong support for the applicants.
William Sauer/55 Granite StreeffNoted his longevity in the community and how it has changed into a
negative, divisive, and always questioning community. Mr. Sauer stated he supports the DeBoers' and
asked the Council to look at their plans as being reasonable and definite. Mr. Sauer explained that he is an
International Corporate Lawyer, and relayed a story that he asked the Council to consider when voting on
this issue.
Craig Pennington/455 Fernwood Drive/Commented on his friendship with the DeBoers'. Mr.
Pennington spoke regarding the rule of law and noted how the DeBoers' have worked with all parties to
meet all of the requirements the City has set forward. He also stated they have created a design that will be
compatible with the adjacent buildings. Mr. Pennington proclaimed that 100 years from now, the residents
would look upon the DeBoer house as we do our favorite: old homes. He stated the size of the house fully
complies with the laws and regulations in place when it was approved, and noted that the Planning
Commission has concluded that all requirements have been met. Mr. Pennington explained that if the
Council were to deny this application it would produce some very negative effects, and cited several
examples including a lack of credibility with the Council.
Nola O'I-Iara/232 Vista/Commented that she lives in an historical home near the DeBoers', and explained
that the street is not all historical on the street, citing the condominiums, apartment buildings and duplexes.
Ms. O'Hara stated this home would be an asset for Ashland and to the neighborhood.
Gordon Hull/320 Gearky Creek/Stated his family owns the home next door to the DeBoers'. Initially his
family had concerns with the original build, but when the project was completed they were extremely
pleased. Mr. Hull stated his family is fully behind this project and feels the DeBoers' should be judged on
the kind of work they have done so far.
Chris Borovansky/205 Glenview/Stated that he is a neighbor to the applicant and supports the project.
Jerry Taylor/375 Alnutt/Feels the quality of this project will be an asset to the community. He voiced
his concern over the City Council being brought into this matter after extensive efforts by the Planning
Commission. Mr. Taylor stated there is so much good that this community could do if it channeled all of
the negative energy focused on this matter. He stated they are about to go down a very dark road if the
Council now reverses the decision, and feels it will make Ashland look like a very negative place if they
cannot follow the letter of the law. Stated this home will be an asset to the community and hopes the
Council will support this project.
ASHLAND CITY COUNCIL MEETING
APRIL 6, 2004 - Page 7 of lO
Jed Meese/88 Granite/Stated that he lives in the historic Perozzi house, which when it was originally built
was large for it's size. He explained that in the Historic Districts there has always been a flux in the sizes
of homes. Mr. Meese urged the Council to consider what has been said about the letter of the law and
grant the DeBoers' the tight to build this home.
Claudia Everett/140 S Pioneer Street/Stated she came as a friend to support the applicants. She also
noted that she had submitted a letter to the Planning Commission in support of the DeBoers'.
Bill Patton/110 Terrace/Stated he and his wife were: initially concerned with the proposed project, but
after reviewing the plans they are now in full support. He stated this project will enhance the
neighborhood and will not be visually apparent to most people because it is set back from the street.
Mr. Patton asked the Council to be fair in their consideration of this matter.
Robby Itarfst/2560 Siskiyou Blvd/Stated the DeBoer's application met all of the requirements at the time
it was submitted and it would be very disappointing iif this project was denied. He asked the Council to not
compromise Ashland's integrity.
Bob Rasmussen/1530 N Mountain/Noted his longevity in the area and stated he was part of the
Downtown Design Standards Committee. Mr. Rasmussen stated this neighborhood is more like a historic
neighborhood on the fringe. He also commented on a hillside city in Italy, and used it as an example to
state that a variety of home sizes do not take away from a beautiful hillside. He stated in the future, this
home will stand the test of time.
John Mauer/1085 Elkader Street/Acknowledged that he did not know the applicant or anything about
this project. Mr. Mauer stated he is offended by these people who want to dictate the historic value of
homes and decide what Ashland should look like in the future. He stated the DeBoers' have lived in this
community for a long time and represent something different from the appellant. Mr. Mauer explained that
100 years from now our progeny should have the opportunity to know what it was like to live in Ashland
in 2004.
Council discussed the process for completing the Public Heating.
IN OPPOSITION OF APPLICANT:
Larry Anderson/311 Ravenwood Place/Spoke regarding the current traffic congestion and stated this
project will increase the traffic problems. Mr. Anderson stated Ashland does not need hotel sized homes,
and questioned how many people would be living irt this home.
Council agreed to continue the Public Hearing to Thursday, Ap~ 8t~ at 6 p.m.
PUBLIC FORUM (None)
UNFINISHED BUSINESS (None)
NEW AND MISCELLANEOUS BUSINESS:
1. Ratification of Labor Contract between the City and Ashland Firefighter's Association.
Mayor DeBoer noted the Council had met in Executive Session to discuss the labor contract.
Councilor Morrison/Amarotico m/s to authorize the City Administrator to sign the labor contract,
ratifying the tentative agreement reached in negotiations. Voice Vote: all AYES. Motion passed.
2. Recommendation from the Ad Hoc Grove Committee.
ASHLAND CITY COUNCIL MEETING
APRIL 6, 2004 - Page 8 of lO
Management Analyst Ann Seltzer presented a staff report on the recommendation from the Ad Hoc Grove
Committee. The staff report included a synopsis and background information. Attached to the report was
the Ad Hoc Grove Committee recommendation to the City Council of April 6, 2004, memo from Mayor
DeBoer requesting that the summary of work of the Ad Hoc Grove Committee be included in the Council
packet and the Ad Hoc Grove Committee Summary Report of April 6, 2004. Also submitted was a memo
from Parks and Recreation Director Don Robertson.
Councilor Hartzell stated the committee had discussed having the Parks & Recreation Department perform
some of the coordination with an eye to expand the facility into programs for youth as they became
available. The long-term commitment of the committee was to see the use of this facility remain dedicated
to the youth. Hartzell explained they wanted to make it a place where the young people wanted to be at,
and as they came they could create and be apart of programs, as well as access social services that are
unavailable elsewhere in the community. Hartzell explained that the committee felt strongly about the
need for a youth board or commission to help oversee and ensure the mission stayed true. Hartzell
explained that one of the options considered by the comznittee was to write a Request For Proposals (RFP)
in order to have some of the services contracted out.
Councilor Morrison stated the concept of having these different organizations work together was a good
idea, and noted that Mr. Robertson's memo (Item B) indicated the possibility of a mixed use concept and
asked if this was discussed by the committee.
Councilor Hartzell clarified the Committee discussed an interim strategy to bring in income, which was to
use the building for a broader use while retaining its' identity as a youth facility.
Councilor Hearn asked if too much mixed use would make the facility unattractive to teens.
Councilor Hartzell stated that if there was an over abundance of those types of groups the young people
might let go of the identity that this facility is for them. Hartzell explained there was a fair amount of
discussion on this issue and the committee decided they wanted to create a sense of ownership that would
make it an interesting place to be, and not limit it to one type of program or one age group. Hartzell stated
the facility would also serve as a clearing house for the kinds of activities and services directed toward
young people in the community.
Councilor Laws voiced his concern. He stated that when the City originally began financing the teen
center, it was primarily for recreational purposes. When The Grove came along, they tried to mix
recreational activities with social service activities, and it was a bad mix. Laws also questioned how much
it would cost to keep the facility operating.
Mr. Robertson stated they have estimated $42,000 a year for the basic maintenance and utilities, but
explained that a lot of the budget will depend on what types of activities will be occurring at the facility.
Councilor Hartzell/Hearn ntis to extend the meeting to 10:30 p.m. Voice Vote: all AYES. Motion
passed.
Mayor DeBoer noted a decline in interest among the cornrnittee, and expressed his disappointment that
The Grove remained unopened. He stated he believes this is a budget item that will exceed $100,000,
citing the need to have Staff at the facility. Mayor DeBoer also noted the lack of equipment at the facility.
DeBoer stated he would like to see the Council write a RFP based on the memorandum that came out of
the Committee's second meeting which identified the needs, and see if there is an agency that is willing to
take over the operation of The Grove. DeBoer explained that at the first few meetings there was a clear
consensus that the committee wanted this facility to be a teen center and there was concern expressed that
it would become something else. There was even some concern that if you started other programs there,
ASHLAND CITY COUNCIL MEETING
APRIL 6, 2004 - Page 9 of lO
they would become permanent. Mayor DeBoer explained that the Council could give funding to the Parks
Department to get the facility up and running, utilize a variety of providers, and begin the formation of a
new group. However, the Mayor warned the Council that leadership and funds would be hard to obtain.
He stated if there is an organization that is willing to run the facility based on the needs identifies by the
Committee, The Grove could be functional in 45-60 days. DeBoer clarified the two options for the
Council: 1) Provide funding to the Parks & Rec. Department to get the facility open, and then begin a
process where a group will be formed and hopefully retum to take over management, or 2) submit an RFP
to see if there is a not-for-profit organization that is willing to run the facility based on the needs identified
by the committee.
Councilor Jackson expressed her disappointment that there wasn't more clarity on what it is they can
accomplish with the facility. She stated offering social services is a different thing than operating a
recreational center and does not know that there is enough information provided to make a decision at this
time.
Councilor Hartzell stated that they had wanted a program that responded to a broad cross-section of teen
interests, with the understanding that if it were perceived as a place to come, they would also be able to
provide outreach. Hartzell added their discussions did include the need for a shelter. Hartzell explained
the committee would like to model the potential programs to those that were successful for Kids Unlimited.
Councilor Hearn questioned if the intent was to provide recreational purposes for all teens, and then if
someone needed social services those would be provided quietly on the side.
Councilor Hartzell clarified the committee would like to have the Parks Department start the process, and
then create a parallel process where they would approach other organizations in the community that have
an interest in youth, and begin pull those services into The Grove.
Councilor Laws stated the fundamental question was whether they wanted to start something like this at
all. He explained that The Grove failed after attempting to do exactly what this committee is
recommending. Laws stated that he does not want to be negative, but feels they need to consider where the
$100,000 a year funding will come from. In order for the City to start this program, they would need to
give up an existing program, and there would be no certainty that The Grove would succeed. Laws feels
the need for this type of youth facility is great, howe. ver he does not think the City is ready to take this on at
this time, unless they can find an organization that would supplement the costs and run the facility.
Mr. Robertson stated it is not uncommon for a Parks & Recreation Department to operate a teen center,
although he has not personally had experience. He has however operated mixed generational use
facilities. Mr. Robertson explained the Parks & Rec.' Departmen~ has the capability to run The Grove,
however they lack the funding. Robertson explained that currently Pioneer Hall and the Community
Center cost approximately $80,000 per year to manage, which does not include the labor of the custodial
services, and they are only generating bnly about $3.5,000 a year in revenue.
Council discussed needing additional information before making a recommendation, and determined this
item should come back to the Council on a future date.
ORDINANCES~ RESOLUTIONS AND CONTRACTS:
1. Reading by title only of "A Resolution Creating the Charter Review Committee."
Action was delayed to future council meeting.
Reading by title only of "A Resolution Establishing Cable Television and Internet Rates for the
Ashland Fiber Network, readopting all other Rates without change and Repealing Resolution
No. 2003-03."
ASHLAND CITY COUNCIL MEETING
APRIL 6, 2004 - Page 10 of l0
Finance Director Lee Tuneberg presented the staff repor~t on the resolution to establish Cable Television
and Intemet rates for the Ashland Fiber Network. The report included a synopsis, staff recommendation,
fiscal impact and background information.
Background information included a table illustrating the proposed monthly CATV rate increase. These
fees are inclusive of the $.75 PEG Fees that go to RVTV. Premium Packages would be increased by 5%.
Also included was a table illustrating proposed increase for Cable Modem fees. No changes in High Speed
Data Rates were proposed.
Attached to staff report was a proposed resolution and rate schedule effective on Cycle 4 Billing - June
2004 and Resolution 2003-03 and rate schedule effectiw~ Cycle 1 Billing - May 2003.
City Administrator Gino Grimaldi stated that the new rates would still remain less than those of Charter
Communications for similar services.
Councilor Amarotico/Morrison m/s to approve Resolution #2004-07. DISCUSSION: Councilor
Hartzell questioned the rational for the increase on the majority of the packages. Mr. Tuneberg explained
this was the rate recommended for our market. Roll Call Vote: Hearn, Hartzell, Jackson, Morrison,
Laws and Amarotico, YES. Motion passed.
o
Second reading by title only of "An Ordinance Creating New Sections 15.28.150 and 15.28.160
of the Ashland Municipal Code to Provide Fees fl)r the Uniform Fire Code Plan Review and
Inspections Be Set by Resolution."
Councilor Laws/Jackson m/s to approve Ordinance #2906. Roll Call Vote: Laws, Hearn, Morrison,
Hartzell, Amarotico and Jackson, YES. Motion passed.
OTHER BUSINESS FROM COUNCIL MEMBERS
ADJOURNMENT
Meeting was continued at 10:25 p.m. to Thursday, April 8, 2004 at 6 p.m.
Barbara Christensen, City Recorder - Alan DeBoer, Mayor
ASHLAND CITY COUNCIL STUD Y SESSION
APRIL 7, 2004 - Page I of 4
ASHLAND CITY COUNCIL STUDY SESSION
Wednesday, April ~7, 2004 at 12:00 p.m.
Council Chambers, 1175 East Main Street
CALL TO ORDER
Mayor DeBoer called the meeting to order at 12:00 p.rn.
ATTENDANCE
City Council: Kate Jackson, John Morrison, Alex Amarotico, Chris Hearn and Don Laws.
Councilor Hartzell arrived at 12:21 p.m.
Staff: City Administrator Gino Grimaldi, Finance Director Lee Tuneberg, Public Works Director Paula Brown
and Management Analyst Ann Seltzer.
I. Update regarding the Public Art Commission.
Ann Seltzer introduced Public Art Commissioners Bruce Bayard, Richard Benson, Kip Todd, David Wilkerson,
and Ingrid Jorgensen.
Engaging the Community:
It was explained that public art can help to beautify the environment, memorialize and commemorate, unify,
focus, revitalize and serve, and please and challenge. A slide show was presented showing various examples of
public art, including the memorial in Lithia park, the Plaza statue, the arch over entrance to SOU, a killer whale
coming out of sand box located in multi-housing units, and various other examples around town.
Celebrating Success:
The Public Arts Commission has set various goals and priorities, including: funding for the placement of art at
the gateway island and Calle Guanajuato, the completion of a Policies and Procedures Guide, and establishing
working relationships with various organizations and City departments. It was explained the first draft of the
Policies and Procedures Guide has been reviewed by City Attorney Paul Nolte, who stated they are off to a great
start.
Project One: Calle Guanajuato Stairway
It was explained that the Calle Guanajuato Stairway was a perfect place for public art. The Commission has
been working with the Parks & Recreation Department as well as landscape architects to establish public art in
this location. The proposed areas where they would be adding art are located at the overlook at the top of
Granite Street, the Sculpture Garden, the Stairway, and the Gathering Area. The most immediate project is the
overlook, and they would then move on to the sculpture garden. The theme for the artwork is "The Celebration
of Water", and was conceived by the Lithia Arts Guild.. It was explained that they would like to use art that
would tie into our sister city, Guanajuato. The Commission will request a call for entries to obtain artwork, and
there will be an established jury that will judge the entries and select the winner. It was noted they do have
some funding in place, however additional funding is necessary to complete the project. The Public Arts
Commission plans on using this opportunity for funding and awareness to educate the community about the
Commission.
Project Two: Boulevard Gateway
The Commissioner noted the importance of the Boulevard Gateway, stating it is a major focus of the City of
Ashland. It is where the Fire Station, the Library, and the Boulevard all intersect. The Public Arts Commission
has proposed that four areas be set aside for public art in this area: 1) the island, 2) the wall located in front of
the Library, 3) the Gateway itself, and 4) the bump-out at Evo's.
Making it Happen
The Commissioners handed out 'fake' money with statements written on them as a way to demonstrate that there
are all kinds of ways to raise funds. Some of those examples included: local foundations granting seed money to
the Public Arts campaign, silent auctions, City approval of an annual line item in the city budget for a public arts
ASHLAND CITY COUNCIL STUD Y SESSION
APRIL 7, 2004 - Page 2 of 4
fund, and 1% allocation of private developers project costs for the installation of public art at a prominent
location.
The Commissioners clarified for Council that public art has become a good way to memorialize passed family
members, and they arc solidifying the acceptance of gifts policy in the Policies and Procedures Guide. They
also clarified they are developing a master plan as a sort of road map to determine what types of art pieces
should go where.
Council questioned the timeline for the Guanajuato Project. It was explained that the Parks Department
received bids a few weeks ago, and a contractor has not been selected yet. They are anticipating approximately
8 weeks to complete the structure. The construction will take place first, and the public art will be the last thing
installed. It was noted the Parks Department has left the overlook unfinished for the Public Arts Commission to
complete. In addition, to complete the projects they still need to assemble a jury for judging the artwork,
assemble the information packet for the interested parties, and complete the fund raising.
Council expressed the need for the Commission to develop their budget information. The commissioners
clarified they will be working on the Guanajuato Project first, and should have the final Policies and Procedures
Guide by the end of the year.
II. Proposed Billings Ranch Gold Course - Effluent Reuse Options/Update on DEQ WWTP
Temperature Standards and Permit Renewal.
Public Works Director Paula Brown introduced Mike Peru, who is representing the Billings Golf Course. Mrs.
Brown explained that staff continues to pursue effluent reuse options and "the right water for the right use".
She also explained that the use of treated effluent for golf courses has been a traditional link for effluent reuse.
Mrs. Brown stated there is a proposal separate to this issue, but they will only be discussing the effluent reuse
option at this time. Mrs. Brown explained the 10 options being discussed for the use of treated effluent for golf
course irrigation. Those options are: 1) Golf course volumes, 2) Creek recharge option, 3) Infrastructure costs,
4) Membrane process, 5) Chemical use, 6) Water trading opportunities, 7) Effluent Level 1V designation, 8)
Golf course compliance, 9) Golf course benefit, and 10) City benefits.
Mrs. Brown explained the city is required to use membrane filters from May 1 st through November 30th, which
produces Level IV water. The water being discussed for the: Billings Golf Course would need to be Level IV -
"unrestricted use" effluent. Mrs. Brown stated that our ability to provide the golf course the water they need
would not be a problem. Mrs. Brown discussed the option to "trade water back" to the Ashland Creek,
explaining that they have discussed the possibility of Ashland transferring all of it's summer time flows to the
golf course. The golf course would hold the water in their ponds and use what they needed, and then release the
cooler water from their ponds back into the creek. This option, however, would need to be approved by the
Department of Environmental Quality (DEQ). Mrs. Brown explained that she is looking out for the City's fiscal
interest with all the options being discussed. Mrs. Brown stated the City's membrane facility is utilized to
remove phosphorus from the water, however phosphorus for a golf course is a good thing. There is a possibility
that the City could adjust the alum dosage to the membrane facility to allow the phosphorus to remain in the
effluent. This option would also need to be approved by DEQ. Mrs. Brown explained the process of
transferring the effluent to the golf course would benefit both parties. The golf course would obtain the water
necessary for their needs, and the City would not have to worry about the cooling process options now necessary
for it's permit renewal. Mrs. Brown explained that she is seeking Council's approval to continue to pursue these
conceptual ideas.
Council expressed concern with developing a dependence m~d commitment to the golf course this far in
advance. Mrs. Brown assured the Council she is looking at all options to address Ashland's needs. Council
expressed their support of continuing to look at effluent reuse options.
ASHLAND CITY COUNCIL STUD Y SESSION
APRIL 7, 2004 - Page 3 of 4
Mr. Peru explained that this would work great for everyone and feels this is a good option to work in concert
with the city to address the temperature issues.
Mrs. Brown gave a brief background of the temperature standards and explained the new standards are required
to protect the spawning and migration of the salmon. Mrs. Brown explained that they have looked at
opportunities for reuse and also looked at riparian opportunities. This plan was submitted to DEQ
approximately a year and a half ago. The plan cited 4 options for cooling the water. Mrs. Brown stated Ashland
will most likely end up using a combination of the water reuse and trading, along with riparian opportunities.
She believes this is acceptable by the DEQ and EPA to i[ook at more of a holistic view of temperature
management throughout the basin. Ashland's permit is coming due, and now that the temperature requirements
have been passed by the DEQ, Ashland is required to meet those requirements. Mrs. Brown also stated that the
permit will have a Thermal Load Limit, which means that the City can only discharge effluent at a certain
temperature. Mrs. Brown explained there is some leniency on the amount for the first few years as we
determine exactly what we can do with the treatment plant, how to keep the thermal loads down within the plant
itself, and how looking at how the riparian plantings will effect our options. There is a Public Heating scheduled
for May 3, 2004, and the permit conditions should go before the Environmental Quality Commission later this
spring.
Mrs. Brown clarified for the Council the effluent temperature is approximately 72-74 degrees. The new
temperature requirements are 64-68 degrees depending on the time of the year. Mrs. Brown also clarified that
Staff will have a Plan B in case the golf course were to fail.
III. Discussion regarding the allocation of Transient Occupancy Tax Revenues for Cultural and
Economic Grants.
Finance Director Lee Tuneberg explained there was a lot of time spent during the meetings going through the
history of the allocation of the TOT. They have looked at the activities that have changed, looked at who
receives the money, and what they do with the funds.
Councilor Jackson stated they need to accomplish figuring out the tourism component as the state defines it,
which is a separate issue from changing the resolution that is currently in place.
Assistant City Attorney Mike Franell submitted a memo included in the packet, which states that Oregon Law
defines a tourist as someone who travels over 50 miles or stays overnight. Mr. Franell explained that part of the
difficulty Staff was having was that the new State legislation states that the City can not reduce the percentage
of the Transient Occupancy Tax funds that are being spent on tourism. In addition, Ashland does not have a
tracking policy in place to determine this amount, so we are now having to back track and determine what of last
year's allocations were spent on tourism. Staff is also proposing that the Council adopted a new resolution that
better defines the new requirements set by the State. Mr. Franell explained that they have met with the Chamber
of Commerce and the Oregon Shakespeare Festival to determine what they have spent their funds on, but they
do not have an accurate tracking system either. The committee has struggled with determining what percentage
of last year's allocated funds were being spent on tourism, but have determined that roughly 31% of the
Chambers' budget was used for tourism promotion.
Councilor Jackson clarified this determination is separate from the resolution and separate from determining
who gets what. The Committee has spent a great deal of time looking at the Chamber's numbers and have
agreed on the proportions. Jackson noted that a portion of the Chamber's funds go towards economic
development and not just promoting tourism. Jackson stated it became very uncomfortable diving into the
details of the Chamber's budget, and they did not want to make a public discussion of what their budget is. As
chair of the committee, she supports the 31% determination.
Councilor Heam stated he initially agreed with the allocation, however on subsequent meetings with the
Chamber he came to the conclusion that the accounting data provided could be looked at in a variety of different
ways.
ASHLAND CITY COUNCIL STUD Y SESSION
APRIL 7, 2004 - Page 4 of 4
Councilor Hartzell noted that the grantees have tried to represent their work towards whatever is it the City is
trying to accomplish. So far, they have only asked the Shakespeare Festival and the Chamber of Commerce to
provide their figures.
Mr. Tuneberg stated that beyond the math to meet the State requirements, the resolutions have not well
addressed what needs to be accomplished. He stated that the City would like good outcomes from the money
they grant and they should focus on what they want out of the money, not who should get it. Then, have those
organizations measure and report their spending.
Mayor DeBoer stated he believes they should use the figure given by the OSF and Chamber and lock that in for
the requirement.
Councilor Laws stated some of the Visitor's Center's funds go toward things that do not draw people in from
over 50 miles, noting the Christmas promotion.
Councilor Hartzell stated the committee thoroughly discussed the accounting issues and wants to make sure that
any changes that are proposed are done in a way that works for everyone. She does not want to short change an
organization that was relying on this funding.
Jackson clarified the real purpose of redrafting the resolution was to better reflect the City's intentions.
Mayor DeBoer noted that this issue will come back to the Council in a Public Hearing.
Mr. Tuneberg expressed the need to get the applications out and with that the applicants will want to know how
much money is available. Councilor Hartzell suggests attaching a cover letter to the applicants explaining the
Council was still in discussion. Mr. Tuneberg feels they need to straighten this out before they get much further
in the process.
Meeting was adjourned at 2:04 p.m.
Respectfully submitted,
April Lucas, Assistant to City Recorder
ASHLAND CITY COUNCIL- CONTINUED MEETING
APRIL 8, 2004 - Page I of 7
MINUTES FOR THE CONTINUED MEETING
ASHLAND CITY COUNCIL
April 8, 2004 - 6:00 p.m.
Civic Center Council Chambers, 1175 E Main Street
Call to Order
Meeting was called to order at 6:03 p.m. in the Civic Center Council Chambers.
Roll Call
Councilor Laws, Hartzell, Jackson, Morrison, Hearn and Amarotico were present.
Mayor DeBoer had previously been awarded reclusal by the Council due to his relation to the applicant.
Continued Public Hearing
1. Appeal of Planning Action 2003-118, a request for a Physical & Environmental Constraints
Permit to construct a single family residential home on Hillside Lands within a Historic
District. Applicant: Sidney and Karen DeBoer.
Ex parte contact:
Councilor Morrison noted a site visit. Councilor Hearn received additional emails which were also
submitted to the rest of the council. Council Hartzell entered into the record a flyer from the DeBoer's
that was received by a neighbor. She also received a call from Pete Hawes, 431 Courmey Street. Hartzell
stated she does not believe that either of these contacts influenced her in anyway.
OPPOSED TO APPLICANT:
Colin Swales, 461 Alison, stated he was an appellant to the case. Mr. Swales presented a slide show
indicating the tree canopy and the trees that have already removed, and stated this property can be seen
from all over town. He explained a list of trees that have already been removed from the property and
those that are scheduled to be removed. He noted some are in the public right of way. Mr. Swales
explained the criteria for approval, and stated the applicant's attorney who spoke at the previous meeting
failed to convey the 4th criteria which states that "The developer is in compliance with the requirements
of the charts and all other applicable city ordinances and codes." Mr. Swales stated this is very important
because not only does this project not comply with the Hillside Ordinance, but also the R1 zoning
ordinance. Mr. Swales explained that during the Historic Commission meeting, Councilor Saladoff
questioned the 2 1/2 story height and stated there was clearly a 3rd story of living space. Mr. Swales
presented diagrams and definitions which disputed the height of the house stating it exceeds the 35' height
maximum. He also spoke regarding the slope of the property, explaining the applicants have given
various slopes and stated the average slope is 26 degrees, not 26% as _shown on their drawings. Mr.
Swales explained that a 26 degree slope converts to an actual slope of 49%. He also stated the staff
permit was made before they had received the required topographical map.
Mr. Swales explained for Council the formula used to determine slope. He also spoke on how the
applicants determined the slope from 1978 aerial topographic maps and measured the height of trees and
tree stumps. Mr. Swales stated that they need to look at the slope of the buildable area, not the slope of
the entire site. Mr. Swales also clarified for Council he believes the 25% slope measurement provided by
the applicants refers to the average slope for the entire site. Mr. Swales explained that the Hillside
Ordinance specifically states that you cannot build on the steep parts of the land in its guidelines (the
steep parts being those in excess of 35%).
Mr. Swales clarified he his here because he is a neighbor to the property and also concerned about the
Hillside Ordinance. He is not testifying on behalf of the Planning Commission.
ASHLAND CITY COUNCIL- CONTINUED MEETING
APRIL 8, 2004 - Page 2 of 7
Comment was made that Mr. Swales is familiar with projects due to his time spent on the Planning
Commission. Mr. Swales stated the ordinance makes it pretty clear how to measure a slope and gives a
conversion factor which states how to convert from a percentage slope to a degree slope.
When asked if he was able to measure the floor area, Mx'. Swales clarified he determined his
measurements from the same small plans that were provided to Council.
Mr. Swales provided a brief recap of the evidence and clarified where an applicant is allowed to build.
He contends the applicants want to build on the steep part (unbuildable) section of their land.
IN OPPOSITION TO APPLICANT:
Regina Ayrs/199 Itillcrest/Spoke in opposition to the building of the large structure in her neighborhood.
Ms. Ayrs stated that her quality of life is import and read into the record an email previously sent to the
council. Email is included as part of the record.
George Kramer/386 North Laurel/Stated the initial hearing was heard without public testimony and
that the applicant had time to submit two plans and manipulate the process. He also commented on the
removal of trees and the previous destruction of the property. Mr. Kramer commented on the attorney
hired by the applicant and quoted sections of the Hillside Ordinance from the Ashland Municipal Code.
Mr. Kramer stated there are multiple interpretations made of the Ashland Municipal Code and that those
interpretations were to the benefit of the applicant.
Jane Street/180 Mead Street/Submitted photo of Glenview Drive, which is the existing traffic lane and
will provide the access to the proposed building. Ms. Street questioned whether the Council was aware
that the city is giving up their right-of-way for this project and stated it will effect street trees and road
conditions. She stated that the fence also encroaches the city right-of-way. Ms. Street noted that this has
not been discussed with the city engineer. She also voiced concern with the traffic and noise that will be
generated when functions are held at this residence. She requested that the residence be encouraged to
rent a hotel rather than build one.
Alan Sasha Lithman/460 Sunshine Circle/Stated he was not speaking for the neighborhood but as a
resident of the community. Mr. Lithman stated that simply because a property belongs to someone does
not give them the divine right of kings. Gave example of second hand smoke. He stated our laws are
running behind the curve of issues that are very critical right now, and read into the record an email
previously sent to the council and is included as part of the record.
Malena Marvin/361 Idaho/Commented on how the average American uses 30 times the resources of
someone who lives in the third world. Ms. Marvin stated the applicant's money and power does not
guarantee them the opportunity to act out their fantasies on the land that we depend on for survival. Ms.
Marvin urged the council to consider this in global terms.
Louis Legep/243 N Laurel/Commented on his awareness of the project and his involvement in the
process and the decision of the Historic Commission. Mr. Legep stated the applicants are the minority
rather than the individuals that are opposing the project, and commented on how the silent majority relies
on the Council to be heard. Mr. Legep compared the proposed plan to the home of Microsoft owner Bill
Gates and noted how deceptive the size of the building is. He stated he would have liked the money spent
on this project be put into affordable housing.
Jim Criswell/580 Siskiyou Blvd./Read statement from Debbie Miller that was previously submitted into
the record.
ASHLAND CITY COUNCIL - CONTINUED MEETING
APRIL 8. 2004 - Page 3 of 7
Pam Vavra/2800 Dead Indian Rd/Urged the Council to deny the permit for this construction project.
Ms. Vavra commented on not being able to foresee lhture plans, which is why they develop plans like the
Hillside Ordinance. She stated that it is clear in the Comprehensive Plan that the community has made a
decision about what is important. Stated one of those values is the small town atmosphere. Ms. Vavra
noted that part of the use of this single family home is similar to that of a convention center or training
center. She also stated that the intended use clearly over reaches the normal use of a single-family
dwelling. Ms. Vavra noted traffic impacts and asked the Council to consider what a future owner might
use the building for, and asked the Council to look to the broader standards rather than the letter of the
law.
Eric Navickas/711 Faith St/Unable to attend meeting and submitted statement that was read into the
record.
Elizabeth Udall/548 C Street/Unable to attend meeting and submitted a statement into the record.
Bill Street/180 Mead/Entered into the record confirmation of the information Mr. Swales presented
regarding the slope. Mr. Street made a presentation on the material submitted into the record, and stated
Mr. Stone's findings were not discussed by the Hearings Board. Mr. Street noted the removal of trees,
and stated that Mr. Stone added the language "of native trees" which was not in the original language.
Mr. Street clarified the correct language refers to dead and dying vegetation, not native trees. Mr. Street
noted ALUO 18.08.230 which states that a dwelling: is defined as one or more rooms designed for
occupancy by one family, and not having more than one kitchen or cooking facility. He explained the
proposed house shows two kitchens and this makes the proposed home a two family dwelling which is
not allowed in R1 zones. Mr. Street also referred to the application, which states the dwelling is 19 ft.
from the property line when the requirement is 25 ft. Mr. Street stated the application should be denied.
STAFF RESPONSE:
Mr. McLaughlin clarified that Staff requested the applicants to provide slope maps that would establish
the natural grade prior to the land being disturbed. Their indication was that the original slope was
greater than 25% and therefore subject to the Hillside Ordinance. Mr. McLaughlin also clarified why
there are different slope measurements explaining the one was the initial slope of the property and the
other is the slope as it is today.
Mr. McLaughlin stated the plans seem to reflect an accurate representation of what exists on the site
today, and this that it was mislabeled at 26%. McLaughlin clarified for the Council the ordinance was
established to ensure that as development occurred on any parcel greater than 1/2 acre, a portion of that
property would be required to stay in its natural condition. Mr. McLaughlin relayed the formula for
determining what needs to be kept in its natural state. He also stated the purpose of the ordinance was to
allow someone plenty of room to build a house, but: limiting their ability to go in and excavate areas for
larger flat spaces, terraces, etc. The reason being that the more natural state the property in is, the more
stable it usually is. Mr. McLaughlin explained that the applicants have stated there is no natural state left,
and the Planning Commission concurred.
Mr. McLaughlin cited the 4th criteria that was mentione~l by the opponents and explained that the original
adopted ordinance does not have this 4th criteria, but that it was inadvertently included with the staff
report for amending the ordinance. McLaughlin also noted that the mention of two kitchens would come
into play at the building permit stage and does not have to do with the Physical & Environmental
Constraints Review. None the less, McLaughlin explained there is one kitchen for the use by the
DeBoer's as the dwelling. There is an additional kitchen that is designed for entertaining, and is not
designed to support a separate dwelling. He stated this is consistent with what many people have in the
ASHLAND CITY COUNCIL - CONTINUED MEETING
APRIL 8, 2004 - Page 4 of 7
community. Mr. McLaughlin stated if someone wanted to argue this point it would need to be an item of
a separate appeal, and is not part of the criteria the Council is reviewing tonight.
Mr. McLaughlin clarified for Council the Ordinance does not refer a natural or manipulated slope, it
simply states slope. He explained that Staffbelieves that prior to the Hillside ordinance, the slope was
legal for the applicants to go in and excavate the area that they did. By going in and re-grading this made
it essentially an unbuildable part of the lot according to the new standards. Had the applicants known
this, they would have left the area in its natural state to be built upon in the future. Staff feels the Hillside
Ordinance speak towards regulating the natural part of the land and not the cutface that was done legally
prior to the ordinance. Staff agreed that the original slope on the property was greater than 25%, however
they did not determine that because the applicants made the cutslope they could not longer build in that
area now.
Council noted the determination on which slope to use will set a precedent for possible future
applications.
Mr. McLaughlin added that you are allowed to build a home on a single parcel regardless of the slope if it
is an existing parcel, there are just stricter standards to adhere to.
Council discussed the rational for applying the new standards rendering a section unbuildable when it was
legal to do so at the time of excavation.
Mr. McLaughlin clarified for Council that air photos have a percent error due to not being on the ground.
When it is close, Staff encourages the applicants to hire a surveyor for confirmation, explaining a ground
survey is more dependable.
Mr. McLaughlin clarified it is common practice for the applicants to provide the written findings,
explaining that the burden of proof lies with the applicant. On controversial issues, they recommend that
the applicants get professional guidance, since the findings are a key document during an appeal. Mr.
McLaughlin stated these findings were reviewed by the Hearings Board before they adopted them.
McLaughlin also informed the Council that the applicants were up front with their intentions far in
advance of the adoption of the new ordinance, and the Historic Commission reviewed this project well
before the adoption of the current ordinance.
Council questioned the impact on surrounding areas and the encroachment issue. Mr. McLaughlin stated
that although this home is large, there are no standards fi)r noise, traffic, and things generated by a single
family home. He stated this application would not be treated any differently because of its size. Should
the application be approved, Public Works would look into the right-of-way issues to determine if there is
an encroachment problem. Generally, if there is a substantial amount of improvements the right-of-way,
Public Works will have the owners sign an agreement that recognizes that even though the property
owners did the improvements, it does not mean they own the land. Mr. McLaughlin explained that
should the City need the land in the future for street improvements, the owners cannot protest the
improvements and it falls to them to ensure the future grades are met.
Councilor Laws noted you can find encroachments on right-of-ways throughout the City.
Mr. McLaughlin clarified for Council that Staff were the ones who noticed that the height exceeded the
35' limit and the applicants then adjusted their plans to comply. He added that applicants are allowed to
manipulate their plans to conform to the standards.
ASHLAND CITY COUNCIL - CONTINUED MEETING
APRIL 8, 2004 - Page 5 of 7
Councilor Hartzell stated the visual character of the City is mentioned in the Hillside Ordinance. Mr.
McLaughlin clarified the design standards specifically state "except those on land in a Historic District".
McLaughlin further clarified that they do not have design standards for single-family homes in the
Historic District that are mandatory. Mr. McLaughlin clarified that it was LUBA who was unsatisfied the
with the original wording in the Design Standards and the language was changed to read "recommended"
rather than "shall be".
Council commented on the setback issues mentioned by the opponents. Mr. McLaughlin explained the
process for paving and sidewalks and stated that setbacks are measured from the property line. Mr. Knox
stated he is not certain how the 19' measurement came about. He stated the requirement is 20', although
there are exceptions for eaves. Mr. McLaughlin clarified the setback requirements are 10' per story. The
second story could have a 20' setback and this project would just be an extension of that style.
Mr. Knox stated the removal of the trees was based on a wrong decision on his part, and explained that
this was a staff error.
APPLICANT REBUTTAL:
Craig Stone addressed the Council on behalf of the applicant, and spoke on the question raised regarding
natural or artificial topography. Mr. Stone stated that in this case the applicants were criticized by
opponents, where in fact all they did was construe the ordinance where they were required to do so. He
added that there is no land use ordinance that has ever been written that does not require some form of
interpretation. Mr. Stone stated that one of the ways to resolve an ambiguity is to look at the purpose
statement. The Hillside Ordinance's purpose statement clearly states to protect the natural and
topographic character. The ordinance was not for the purpose of preserving man-made features. Mr.
Stone also addressed the opponent's question regarding the receipt date of the topographic map. Mr.
Stone stated the map was submitted along with the application and turned up missing from the municipal
files. Prior to the application going to Planning Commission, the applicants double-checked the file and
noticed that someone had removed this piece of evidence. That is why the receipt date shows it was
received 3 days prior to the hearing. Mr. Stone stated there is not enough time allowed for him to
properly defend their position and asked for a continuance for the purpose of addressing each and every
issue raised and would like to do this in writing. Mr. Stone asked that the record be left open for the
purpose of them submitting additional evidence. In addition, to resolve the issues raised on the
preservation of natural lands, Mr. Stone proposes a slight change in the original lot line adjustment to
reduce the size of this property to less than 1/2 of an acre which would make the provision of natural area
irrelevant. Mr. Stone provided a map of the proposed change in land partition.
Council discussed whether to grant the applicant's request for an extension.
Assistant City Attorney Mike Franell stated the statute provides that the applicant has the right to request
an extension at the initial evidential hearing. Mr. Franell stated that because this is a de novo hearing
there is some question as to whether this statute applies. He stated it is the opinion of the City Legal
Department that it applies to the City as a body, and the right to request applies to the initial evidentiary
hearing held in front of the Hearings Board. However, the Council has the latitude (if the applicants are
willing to extend the120 day rule), to grant their request. Given the complexity of the issues raised
tonight, this might be appropriate.
Mr. Franell explained that if Council does grant the,' request, they would recommend extending to date
certain and the proposed date would be May 19th, 2004. That would allow the record to be left open to
receive evidence for 7 days, there would be 7 days for review and submittal of written comments, 7 days
for the applicants to rebut any of those written comments, and then it would allow the City to hold the
ASHLAND CITY COUNCIL - CONTINUED MEETING
APRIL 8, 2004 - Page 6 of 7
decision hearing at their first regular council meeting in May. The Findings of Fact would then be
adopted at the second regular council meeting in May. Notice would then me sent out on the 19th.
Council discussed their options.
Councilor Laws stated that he does not feel they should leave the record open and would like to complete
the Public Hearing this evening. Councilors Jackson, Amarotico and Hearn agreed. Councilor Morrison
agreed on the basis that overwhelming information may only confuse the situation.
Mr. Franell stated they could continue to leave the Public Hearing open if there are specific questions that
they would like addressed, however by ordinance, the Public Testimony needs to be concluded by 9:30
p.m.
Mr. Stone stated that if it is the Council's inclination to not allow the continuance of the Public Hearing,
he questioned if they would continue this proceeding to a different night and the applicants would grant a
waiver to give them an opportunity to reflect on the testimony and evidence presented.
Mr. Franell clarified if Council granted the request; they would continue the hearing from tonight to
another night in exchange for a waiver of the 120-day rule. At the hearing on the next night, any specific
questions that Council has would be asked and they would continue that deliberation until they were
satisfied that they had enough information to make a decision.
Kerry Kencairn, came forward and explained the reasons for removing and preserving trees on the
DeBoer property. If was clarified the total number of trees they started with was 16, and there are now 8
remaining. Kencaim clarified there is a tree plan.
Mr. Stone explained that the applicants did approach the', city prior to the removal of the initial trees and
stated it was the City who made the mistake and informed the applicants the trees could be removed. Mr,
Stone stated the applicants relied in good faith on the information provided to them by Staff.
Council received clarification regarding how the slope calculation was determined. The applicants
created a contour map and then using the contours determined the slope percentage calculation. It was
stated they had a significant number of trees which they felt gave a good representation of the ground.
Councilor Morrison/Hearn m/s to close public hearing. Voice Vote: all AYES. Motion passed.
PUBLIC HEARING CLOSED: 9:26 p.m.
COUNCIL DELIBERATION:
Council discussed the permit criteria relevant to the Physical and Environmental Constraints permit.
Councilor Morrison stated they have heard a number of discrepancies this evening, but that most are in
areas that are not relevant, such as the kitchen issue. Morrison stated he has not heard any compelling
information that there will be overwhelming impacts, and stated everything he has heard stated that every
attempt has been made to minimize the impacts. Morrison expressed his sympathy for the Historic
Commission and the opponents to this project, but stated the decision needs to be based on the criteria and
he has not found anything significant that would allow him to vote against this at this time.
Councilor Laws stated that he is glad that this is going to be the last house of this size in the Historic
District. Laws agrees with Morrison in that they did not find any technicalities that were significant
enough to reverse the Planning Departments decision.
ASHLAND CITY COUNCIL - CONTINUED MEETING
APRIL 8, 2004 - Page 7 of 7
Councilor Hearn stated they needed to base their decision on the criteria. He noted the ordinance is
somewhat loose in it's language, but that the Council is obligated to vote for approval if the applicants
have met the conditions.
Councilor Amarotico/Jackson m/s to extend meeting to 10:30 p.m. Voice Vote: all AYES. Motion
passed.
Councilor Hartzell stated the intent of the Hillside Ordinance was to protect the watershed above us, and
noted it also mentions the respect of visual character. Hartzell stated the Ordinance has a requirement that
a tree plan be designed before any kind of development in this area, and the burden is on the applicant to
know the law.
Councilor Jackson stated the criteria for the Physical and Environmental Constraints Permit is fairly clear.
She stated staff has worked on this project and the applicant has produced volumes of documentation on
how they believe they have met the criteria.
Councilor Jackson/Hearn m/s to approve the application as presented. DISCUSSION: Councilor
Morrison noted that this is the time to consider what: they can do in regards to imposing conditions and
asked if they should consider imposing some conditions of restoration in addition to the approval.
Council received clarification that any conditions imposed needed to be added to the motion. Mr. Franell
recommended that Council accept the stipulation on the reduction of lot size proposed by the applicants.
Mr. Franell clarified this would not remove the requirements for complying with the Physical and
Environmental Constraints Permit, but would remove the requirement that a percentage be left in its
natural state.
Councilor Jackson/Laws m/s to approve the application and the conditions of approval listed on
page A67-A68 and those listed on pages 2-3, including a 10th condition that states the applicant's lot
line adjustment keeps the adjusted lot size to less than ½ acre.
Voice Vote to amend motion: all AYES. Amendment Passes.
Voice Vote to approve motion: Laws, Amarotico~ Jackson, Morrison, and Hearn, YES. Hartzell,
NO. Motion Passed 5-1.
Barbara Christensen, City Recorder Alan DeBoer, Mayor
MAYOR'S PRESENTATION
OF
JAMES M. RAGLAND MEMORIAL
"VOLUNTEER SPIRIT" COMMUNITY SERVICE AWARD
TO
PETE BELCASTRO
For more information, contact
John Rosenow, President or
Gary Brienzo, Communications Manager
at (402) 474-5655
News from
The National
Arbor Day Foundation'
100 Arbor Avenue. Nebraska City, NE 68410. www. arborday, org
FOR IMMEDIATE RELEASE:
Ashland Named Tree City USA
Ashland has been named a Tree City USA by The National Arbor Day
Foundation to honor its commitment to its community forest. It is the
nineteenth year Ashland has received this national recognition.
The Tree City USA .program is sponsored by The National Arbor Day
Foundation in cooperation with the National Association of State
Foresters and the USDA Forest Service.
Ashland has met the four standards to become a Tree City USA:
tree board or department, a tree care ordinance, a comprehensive
community forestry program, and an Arbor Day observance.
a
"This year's record number of Tree City USA communities shows a
growing level of dedication and care for our urban forests," said John
Rosenow, president of The National Arbor Day Foundation. "It shows the
people of Ashland value trees for the beauty, grace, comfort, and
practical blessings they bring.
"The trees in Ashland help clean the air, conserve soil and
water, and reduce heating and cooling costs by moderating
temperatures," he added. ~Tree City USA honors the countless men,
women, and children in Ashland who are working hard to ensure a
greener, healthier tomorrow for us all."
We help people plant and care for trees.'"
PROCLAMATION
The Ashland Community Service Volunteers contributed many thousands of hours during the
past year to the Ashland community.
Their volunteer activities encompass service to students in the remedial reading program in
our local schools, offering clerical assistance to our Municipal Court and Police Department,
maintaining Police archives, and administering the Community Service Volunteer office.
The Forest Service attributes the lack of fires in the watershed to the volunteers' who patrol the
35-mile circuit and provide a lot of goodwill by making the public aware of the restrictions in
that area.
Many of our senior citizens are assisted by 'volunteers providing assistance with transportation,
shopping, home visits, household upkeep, income tax preparation, and assistance to those
seniors in nursing homes.
These volunteers also perform other vital services such as the influenza inoculation clinic,
blood pressure clinic, Meals-on-Wheels, Food & Friends, mail courier for city departments,
participation in the Vacation House Check iProgram, providing traffic control for parades, and
the Adult Crossing Guard Program, as well as many others.
Over 120 citizens currently serve on the city's volunteer boards, commissions and committees
and are committed to making a difference in the community by developing new programs, and
recommending and making suggestions to city staff and city council.
Community Emergency Response Team (C.E.R.T.) volunteers are trained by Ashland Fire &
Rescue and offer an added element to public safety in the event of an emergency which would
otherwise overwhelm normal services.
NOW, THEREFORE, the City Council and Mayor, on behalf of the citizens of Ashland, hereby
proclaim April 18 through April 24, 2004, as
VOLUNTEER RECOGNITION WEEK
in Ashland and ask that all citizens recognize these special people who give their time, energy and
resources in assisting others, thereby making our community a nicer place in which to live.
Dated this 20t~ day of April, 2004.
Alan DeBoer, Mayor
Barbara Christensen, City Recorder
PROCLAMATION
Families are Ashland's most important and constant care providers for individuals
with extraordinary care needs, such as developmental disabilities, physical
disabilities, Alzheimer's disease, mental and emotional disorders, and extreme
medical need.
Respite, or relief from the intensive demands on ongoing care, keeps families intact
and strengthens their ability to meet the challenge of caring for a family member with
special needs.
Respite care is one of the most requested and cost-effective services for families and
caregivers.
Respite care helps prevent abuse and neglect by giving stressed caregivers a break.
Ashlanders who provide respite care to persons with special needs are providing an
important and highly valuable service to those individuals and their families, and to
their communities.
· Oregon is the first state in the nation to establish a Lifespan Respite access network to
link families with providers and resources.
NOW, THEREFORE, the City Council and Mayor, on behalf of the citizens of Ashland,
hereby proclaim April 26 through 30, 2004, as
RESPITE CARE AWARENESS WEEK
in Ashland and encourage all citizens throughout Oregon to join in this observance.
Dated this 20th day of April, 2004.
Alan DeBoer, Mayor
Barbara Christensen, City Recorder
ASHLAND FOREST LANDS
COMMISSION
March 10, 2004
MINUTES
MEMBERS PRESENT:
Members Absent:
Staff Present:
Non Voting Members Present:
Non Voting Members Absent:
Frank Betle. jewski, Richard Brock, Stephen Jensen (Chair),
Bill Robertson, Diane White
Jo Anne Eggers, Anthony Kerwin
Nancy Slocum, Keith Woodley
Chris Hearn, Marty Main
January Jennings, Cameron Meeks (Student Liaison)
I. CALL TO ORDER: 4:35 PM
II.
APPROVAL OF MINUTES: The February 18, 2004 minutes were unanimously approved
with one change for clarification.
III.
PUBLIC FORUM: Eric Navickas report:ed that Headwaters is creating a community
organization made up of diverse opinions. Within this organization, a small group of people
will forward a specific agenda. He questioned the ethics of this practice. Navickas also read
from a letter from A1 Alsing dated 1979..Alsing stated the city's position on managing the
city-owned portions of the watershed included no logging, no new roads, no mineral entry
and minimal human use. Navickas referenced the 1980 James Montgomery study and spoke
against the current Forest Service approach saying it differs from the "historical" approach.
IV.
STAFF REPORTS (20 MIN)
A Chief Keith Woodley
1. Report on RFP process - Woodley reported that Superior Helicopter and Boise
were awarded the bid. The contracts have been signed and executed. The project
will begin March 15th and end 'mid April.-
2. Woodley's meeting with Linda Duffy is postponed until early April. Jensen met
with Duffy. She expressed interest in having the Forest Commission involved in
reviewing the upcoming Forest Service project. Betlejewski felt there might be a
conflict of interest for himself.
Jensen also reported that Duffy asked the commission to urge Sue Kupillas to
move forward on the "Community Wildland Fire Protection Plan." This newly
formed group would use Jackson County as an umbrella to improve everyone's
chance for upcoming grant monies. Woodley suggested the commission write a
letter to Kupillas. Jensen volunteered.
Robertson would like to see the commission have input and control over the
entire watershed project. Brock noted that an alternative proposal could be
submitted by April 30. Jensen reported that the draft ElS should be completed in
I O.doc~a. ,. ..... '-.. ~..r:, ~r
June, finaled in September with 'the Record of Decision published in October.
Woodley thought it better to see the results of the commission's restoration
project first before taking on such a large project. Joseph Vaile stated that the
Ashland Watershed Stewardship Alliance (AWSA) may be developing an
alternative proposal and invited commissioners to their next meeting on March
17th at 4:30 in the Community Center. Robertson, also a participant in AWSA,
thought the commission had the 'better expertise and thought AWSA should
approach the commission.
Brock will draft some ideas on managing the entire watershed and send them to
AWSA. Jensen asked Robertson and Brock to attend the next AWSA meeting
and report back to the commission.
Bo
Marty Main
Main reported that last month 3000 trees were planted (1500 mulched) in the
steeper lands west of Ashland Creek in areas burned in 1959 and in units with
50-90% in-stand mortality rates. Main said the ultimate goal was a combination
of hardwoods and conifers.
Robertson referred to the Denis ()dion email that talked about predictions of
decreased rainfall due to global warming and the progression toward Oak
chaparral conditions. He wondered if the step toward large trees was the right
approach ecologically. White said the predictions were for warmer, but not dryer
weather.
V. PROJECTS PENDING/REQUIRING ACTION - Tabled.
VI. ITEMS FOR DISCUSSION:
mo
Review of Public Forum Protocol - Jensen said Slocum had researched examples of
public forum protocol. Jensen would like to review the examples and draft a
recommendation for the next meeting. Brock said the commission implemented a policy
years ago and thought it could be reviewed again. Woodley said the statement should be
succinct enough to fit on each monthly agenda as a small advisory piece for the public.
Eric Navickas was asked his opinion on the subject. Navickas felt antagonized by the
commission. He said he knew the history of fuels reduction in the watershed better than
anyone. He believed contentious issues could only be resolved through the public
process thus meetings should remain completely open with input permitted when the
public felt so inclined. Navickas was rerninded by Jensen that, as presently constituted,
the Public Forum portion of the AFLC meeting was the only time he could participate.
Bo
Restoration Project: Winburn Parcel - Main liked Kerwin and White's draft goals and
objectives. Brock would like to see qualitative numbers attached to such statements as
"overly dense stands." White thought the commission needed to consider the relationship
of the Winbum parcel to the surrounding lands. She suggested comparing the Forest
Service's prescription to the City's. Main thought it important to identify that our
prescriptions may need buffering from adjacent owners. Woodley explained the intent
was cooperative management.
C:\WINDOWS\TEMPhMAR 10.doc~:kpub ~.;.'r?~X~n..gX~ept adminX£OP~$~)A~UTESX200~.?AAR !9.de.c
VII.
VIII.
IX.
The commission reviewed the first goal. As time ran out, Robertson suggested holding a
special meeting to finish the goals and objectives as Main would like to begin working
on the prescriptions. Commission agreed and set a special meeting for March 31, 2004
beginning at 4:30 PM. Commission asked that only this issue be placed on the agenda.
C. Schedule Q&A for WWF Certification Proposal - jensen reported that Zach Stevenson
requested the opportunity to answer any commission questions at the April meeting. The
commission thought other issues were more pressing. Woodley and Jensen thought that
WWF deserved an answer soon. Woodley personally thought that the cost/benefit ratio did
not benefit the City. Robertson moved to decline WWF's offer. Brock seconded the motion
and it passed unanimously. Jensen volunteered to send a letter to Stevenson, the letter to be
reviewed by the AFLC at the April meeting.
OTHER BUSINESS - None.
REVIEW AND SET COMMISSION CALENDAR / NEXT MEETING
A. Next meeting: Wednesday, March 31, 2004
B. Next regularly scheduled meeting: Wednesday, April 14, 2004
ADJOURN 6:05 PM
ASHLAND FOREST LANDS
COMMISSION
March 31, 2004
MINUTES
MEMBERS PRESENT:
Members Absent:
Staff Present:
Non Voting Members Present:
Non Voting Members Absent:
Frank Betleje'wski, Richard Brock, Jo Anne Eggers, Stephen
Jensen (Chair), Anthony Kerwin, Bill Robertson, Diane White
None
Nancy Slocum, Keith Woodley
January Jennings, Marty Main
Chris Heam, Cameron Meeks (Student Liaison)
III.
IV.
CALL TO ORDER: 4:32 PM
APPROVAL OF MINUTES: The March 10, 2004 minutes were unanimously approved
as submitted.
PUBLIC FORUM: Elizabeth Crosson requested the commission sponsor a public tour
of the lower watershed after the initial phase of the Restoration Project was complete.
STAFF REPORTS (20 MIN)
A Chief Keith Woodley
1. Restoration Project Progress Report - Woodley reported that this phase of the
Restoration Project has generated a lot of media attention. The project is
proceeding ahead of schedule and there have been no major issues with the
public. Eggers and Jensen wondered how does the area looks and how much
slash is leg. Woodley and Main said there is minimal damage from the
helicopters.
Main reported that 12 cutters began work March 12th and finished in two weeks.
Main goals were to observe them ancl establish a relationship. They left all the
hardwoods greater than 14" dbh and took some trees that weren't marked mostly
for safety reasons. The cutters were very professional and receptive to our
community values. Eggers wondered if cutters could be hand selected. Main
said, no, that cutters were subcontractors and chosen by the contractor.
Main said that the log quality would effect cost. He is working with the helicopter
operator to leave the lower quality logs on site. He is scoring the bark on downed
logs to reduce potential bark beetle habitat.
Betlejewski toured the site and commented that snags and coarse wood could be
C:\WINDOWS\TEMP~vlAR 31 .doc
VI.
VII.
IX.
an issue in the future as the Commission's opinions are not consistent. The BTI
trail looks like it has been clear-cut, but all the cut trees were dead. Brock thought
this presented a good opportunity for public education. Main reported that they
had grant money available for public education purposes.
ITEMS FOR DISCUSSION:
A. Restoration Project Proposal: Winbum Parcel Objectives
The commission used Commissioner White's and Kerwin's drafts to further
discussion.
Robertson/Kerwin made a motion to extend the meeting until 6:30 PM. Motion
passed unanimously.
Brock asked Main his time needs for' the commission's goals and objectives. Main
thought the chronological order to be goals, stand objectives (desired future
conditions) and then prescriptions. The commission set June as the goal for beginning
public tours in the Winburn parcel.
PROJECTS PENDING/REQUIRING ACTION - Tabled.
OTHER BUSINESS -
A. Jensen asked the commission to review the draft letter to Zach Stevenson, World
Wildlife Fund, rejecting their proposal for forest certification. Discussion followed
regarding the need to add the additional reason for denial included timing issues.
Robertson/White moved to accept the draft letter as written, not including the timing
issue. Motion passed unanimously.
B. Robertson wished to revisit the idea of the commission, along with other local groups
and individuals, submitting an alternative to the Forest Service. The alternative plan
would then become the county's "Community Wildfire Protection Plan." This would
leave two to three weeks to write the alternative, bring it to the City Council and submit it
to the County Commissioners. Robertson reported that Howard Heiner would contact
other parties to see if they were interested in moving forward with this.
Jensen wondered about the short time frame to complete such a large project. Robertson
said that he, Heiner and Council Member Cate Hartzell volunteered to convene the
process. He will report on the status at the commission's April meeting.
REVIEW AND SET COMMISSION CALENDAR / NEXT MEETING
A public tour of the lower City-owned parCel was set for Saturday, May 1st beginning at
9:00 AM. Commissioners and interested citizens would meet at the swimming hole on
Granite Street. The goal of the tour is to view the parcel after trees were cut and removed
and public education.
ADJOURN 6:33 PM
C:\W1NDOWSWEMPhMAR 31 .doc
CITY OF
--ASHLAND
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
MARCH 9, 2004
CALL TO ORDER
Chair Russ Chapman called the meeting to order at 7:05 p.m.
Commissioners Present:
Absent Members:
Council Liaison:
High School Liaison:
SOU Liaison:
Staff Present:
Russ Chapman, Chair
Mike Morris
Kerry KenCairn
Marilyn Briggs
Colin Swales
John Fields
Ray Kistler
Dave Dotterrer
Cameron Hanson
Alex Amarotico (Council Liaison does not attend Planning Commission meetings in order to avoid conflict of interest)
None
None
Bill Molnar, Senior Planner
Sue Yates, Executive Secretary
ANNOUNCEMENTS
Chapman announced there would not be a study session on March 23rd.
The monthly Planning Commission "Chat" will be held on Tuesday, March 23rd at the Community Development and
Engineering Services Building, 51 Winburn Way from 3:30 to 4:30. p.m. Swales and Dotterrer will be available to answer
questions from the public.
APPROVAL OF MINUTES AND FINDINGS
February 10, 2004 Regular Meeting Minutes: Chapman asked for a clarification on page 2. Under StaffReport, second sentence,
change it to read .... The existing house will be on its own lot and a fifth lot common area, covering all the open space. Briggs
moved the minutes be approved as corrected, KenCairn seconded the motion and the minutes were approved as corrected.
February 24, 2004 Study Session: Swales noted on the bottom of page 1, last sentence, remove "side setback".
February 10, 2004 Hearings Board Findinqs for PA2003-118, 265 Glenview Drive, DeBoer: Morris moved to approve the findings.
(Note: From the audience, Bill Stxeet asked to speak to the findings and was-told by Chapman this is not a public hearing.)
Dotterrer seconded the motion and the findings were approved.
PUBLIC FORUM
No one came forth to speak.
TYPE II PUBLIC HEARING
PLANNING ACTION 2004-002
REQUEST FOR SITE REVIEW AND TREE REMOVAL PERMIT TO CONSTRUCT A MULTI-FLOOR, 8325 SQUARE FOOT MIXED USE
BUILDING AT 88 NORTH MAIN STREET. A PHYSICAL CONSTRAINTS REVIEW PERMIT IS REQUTED TO PERMIT "DEVELOPMENT
WITH THE ASHLAND FLOODPLAIN CORRIDOR.
APPLICANT: LLOYD HAINES
Site Visits and Ex Parte Contacts - The commissioners all had a site viisit. KenCaim has had a little exposure to the Tree
Commission, but all the'information conveyed to her is contained in the packet.
STAFF REPORT
Molnar said the site is located at the entrance to the downtown. The proposed area of construction currently houses the
uncovered wooden deck of the Ashland Creek Bar and Grill. The site slopes significantly from the sidewalk along North Main
to Ashland Creek. Ashland Creek and the associated floodplain are located to the rear of the property.
The application has three elements. The Physical Constraints Review Permit applies ordinances and regulations to the portion
of the project that encroaches into the floodplain area. There is a Tree Removal Permit. In a Commercial zone, under a Site
Review process, trees greater than six inches in diameter are required to be identified and those that are proposed to be
removed require a Tree Removal Permit. There are approximately four trees in the area that are potentially impacted by the
project. Three are proposed to be retained and the largest of the four, a 36 diameter alder tree close to the sidewalk on North
Main, is proposed for removal. The third aspect is Site Review. This is design review, looking at consistency with the City's
Downtown Design Standards as well as height requirements and other aspects of site design.
Molnar explained the City has a lot of standards regarding development in floodplain corridor lands. Chapter 15 of the
Ashland Municipal Code sets a number of other standards that generally pertain to elevating and flood proofing structures. He
continued stating our regulations are set up to look at the impact of potential floods on the proposed building as well as the
impact associated with constructing the structure near the floodplain and how it might impact downstream and upstream
property. Another piece is the riparian preservation land. This; an overlay that looks at minimizing or addressing the impacts
associated with the creek's riparian environment. Our floodplain regulations allow commercial buildings a little bit more
latitude than if zoned residential. Flood regulations allow the buildings not only to get close to the 100 year floodplain, but
may allow the buildings to encroach into the floodplain corridor but not into an area of the floodplain corridor that is more than
two feet below the 100 year floodplain. It allows a minor encroachment into the floodplain as long as the building is flood
proofed and the building is adequately engineered. The 100 year flood elevation for this property is approximately 1872 feet,
as established by FEMA. The City's ordinance would allow certain structural parts to encroach into the floodplain at 1870
feet. The ordinance also allows for upper floors to be cantilew~red out over floodplain corridor lands but sets a maximum
projection of 20 feet and any part of the 20 feet has to be ten feet above the flood elevation.
This proposed building will be built on pillars, allowing the floodwaters to go beneath the basement area. The structural
elements are at 1870 feet. The initial design showed a second and third floor cantilevered, projecting beyond the 20 foot
maximum, making it in conflict with the standard. In addition to the large alder tree, there are three maple trees (upon closer
examination, it is one tree with three large trunks) by the creek: area, 20 to 25 feet in height, right below the second and third
floor projections. The projections are 17 feet above the base of the trees. The trees would have to be drastically cut to fit
underneath the second and third floor. The applicant has modi[fied the design by pulling back the second and third floor as
shown in the drawings dated March 5, 2004. It now meets the floodplain standard, allowing for retention of the maple trees.
The lowest floor of the building is proposed to be a restaurant with an outdoor deck at creekside. The second floor level is at
sidewalk level and proposed for retail and office. The third floor is proposed to house two large apartments.
Fields asked if there was a property line adjustment being made. It looks as though it is one tax lot.
Swales thought this appeared to be a development in excess of 10,000 square feet and should be subject to the large-scale
building requirements. He could see nothing in the findings addressing that or public space that would be required for such a
building.
Briggs asked if Staff is satisfied with the pullback on the revised plans. Molnar said they are satisfied with the changes at this
point and feel the applicant complies with the riparian preservation and floodplain regulations. The current wooden deck goes
approximately right to the water's edge. It is probably non-conforming with our current ordinance. Staff directed the applicant
early on to bring back some of that degraded riparian area adjacent to the creek. They have pulled the deck back so there is at
least ten feet between the water's edge and the deck. The applicant will try to bring the area back to a more natural state with
riparian planting. The applicant is proposing a planting plan ibr the other side of the creek as well. There is a Condition that
the applicant coordinate the plan with the Tree Commission and the Oregon Department of Fish and Wildlife (ODF&W), given
the disturbance in the area. ODF&W has expressed an interest if the applicant is considering additional placement of boulders
or other armoring to stabilize that area, if appropriate.
KenCaim asked if there has been any assessment of the current bridge over the creek in relationship to flooding. Molnar said
part of this project is a redesign of the pedestrian bridge, allowing it to be hoisted above a 100 year flood event.
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MARCH 9, 2004
MINUTES
Molnar said the applicant has proposed removing the 36 inch alder tree. The tree removal criteria have been addressed in the
application as well as the Staff Report. (t) Without removing the tree, the design of the project would be inconsistent with the
City's design standards. The applicant has noted the downtown development pattern has most of the buildings up along the
sidewalks with a zero front and side setbacks. If the pattern is kept consistent and the applicant complies with the downtown
standards, the tree could not be retained. The further the building is set back, the closer it gets to the floodplain issue. The area
of development of the property starts shrinking. There is an arborist's report and the landscape architect noted the alder trees
are not very tolerant to construction on their root zones. (2) The applicants also have to show the removal will not have a
negative impact on erosion or windbreaks. Staff does not feel it will have a negative impact because the tree will be replaced
by a building and the precipitation would be taken to a storm system. (3) The removal of trees will not have a negative impact
on tree density, sizes and canopies. While it is a notable tree at this location, alder trees are not unique in a riparian
environment. There are approximately 30 to 35 trees adjacent to the property within the state right-of-way and existing
floodplain area. Staff feels adequate findings were presented in the record along with expert testimony from the arborist and
landscape architect to meet the criteria for approval of tree removal.
The Historic Commission reviewed the application. They are happy with the design and feel it meets the downtown design
standards. They are pleased with the removal of the second and third floor projections and recommended approval.
The packet contains the recommendations made by the Tree Commission at their January meeting.
Staff supports the application and has suggested 21 Conditions if the Commission wishes to approve the application.
Molnar showed some of the flood zones in the area. Staff wants to minimize flood potential to the proposed building. There is
a small triangular piece of property under the applicant's ownership. Staff has stipulated that as part of the floodplain
modeling, there be some kind of deed restriction precluding any kind of permanent encroachment from being placed there,
such as a building or shed that could impede the natural overflow.
Swales thought there was some mention about the culvert downstream being changed or taken out. Molnar said the OTAK
study indicates the culvert crossing is probably undersized and at art awkward angle given the flow and velocity. Long term,
he thought OTAK's recommendation is the bridges need to be evaluated. Molnar said the last he heard, the 1974 event was a
30-35 year event and similarly, the 1997 event was not a 100 year event, but a much lesser event.
PUBLIC HEARING
CRAIG STONE, Craig Stone and Associates, 708 Cardley Avenue, IVledford, OR 97504, is representing 88 North Main, LLC
(Lloyd Haines, applicant). Dave Richardson is the architect and Jolm Galbraith the landscape architect. They also worked on
the project with civil engineers, OTAK and with a certified arborist, Tom Meyer.
Stone said this project is mixed-use to be enclosed in a single building. This building does not touch the adjacent buildings and
is separated by at least six inches. It was on separate tax lots. The Jackson County Assessor consolidated the tax lots and
currently it is on a single parcel. It can be re-divided.
Landscaping is proposed even though it is not required in the downtown. The deck will be moved back to make it more
functional and integral to this building and to enhance the riparian landscapihg within the riparian corridor. The existing
pedestrian bridge is noted as a stipulation in the application. The intent is to replace the bridge with a bridge that can be raised
or lowered during flood events. It is important to have this type of pedestrian connectivity.
Stone said the approval standards and development standards have been addressed. They have tried to address the impacts or
potential for impacts. (1) The building has been set back so it won't impede the flow of waters. It has been designed to
increase the volume of water that can be stored on this property during a flood event. The retaining wall has been designed to
channel the normal stream flows downstream underneath the culvert. (2) They do not propose to remove any riparian
vegetation. They want to remove the existing deck and construct a :new deck away from the creek corridor. They've made
great efforts to preserve the maple trees. Since it is one tree and not: three, the tree can be pruned to accommodate the building
design. Stone noted Galbraith's revised preservation plan, Galbraith's letter and Tom Meyer's letter. (3) Stone said removal
of the alder tree is unavoidable. The tree has to be removed to comply with other standards in AMC. There is no way to
accomplish building up to the sidewalk, if the tree is retained. If the tree was set back 20 feet, it would put the tree in jeopardy,
having development close to the tree. The applicant wishes to create an art park beneath the viaduct. It would involve
sculpturing the tree that is proposed to be removed. The sculpture would occupy this property or the adjacent art park.
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Stone said with regard to Condition 3, the applicant would be glad to armor the creek and to work with the city and state. He
would like wording such as: "Pursuant to the approval of state and federal agencies having jurisdiction over such
matters...(add wording in Condition 3).
Condition 18 cites a Tree Commission recommendation from J.anuary 9th. He believes there is a more recent Condition. Stone
would like clarification on Condition 14.
LLOYD HAINES said the first floor is at 1877 feet, five feet above FEMA and a foot and half above Ashland's floodplain.
Molnar said Condition 14 could be deleted because what the applicant is proposing shows they have well exceeded the flood
elevation. He said they have also noted pruning guidelines.
Haines commented that though not part of the application, he would like to complete his vision for this area by making
improvements to the creek on both sides and make it pedestrian accessible from the park all the way down Water Street.
Swales said he is not referring to the big box ordinance. He is talking about IIC3 - Additional Standards for Large Scale
Projects. The one building is 8000 square feet and the aggregate of the two buildings would put it in this category. You can't
split the lot and have the same development that is proposed because of fire restrictions. He believes we need to address the
issue of these large-scale projects.
Briggs asked if they are rebuilding the existing staircase.
DAVE RICHARDSON, Architectural Design Works, 1105 Siskiyou Boulevard, said the stairs go from the second floor to the
upper floor of the new building. It has no connection to the existing building.
Fields asked if this is one building or isn't it? Richardson said it is one building and it is less than 8000 square feet. The part
of the building closest to the existing building will contain firewalls.
Fields mentioned that Criterion 23(2)(A) Landscaping Requirements, C-1-D requires ten percent landscaping. Is that an error?
Swales said this was a conflict in the ordinance (reviewed on 2-24-04 Study Session). He said the Site Design Standards
conflict with the AMC. It says ten in one place and in the other it says zero. Molnar said that needs to be corrected. Fields
referred to page 30 of the applicant's findings. Molnar said that must have been taken from the Site Design and Use Standards.
He added that in C-1-D there are no landscaping requirements.
Swales said most of the concerns from the public seem to be surrounding removal of the tree. The applicant's findings deal
with this issue on page 51 (top bullet point). When you look at the ordinance as it is written, it goes on to say, "An exception
to this standard would be an area specifically designed as plaza space, courtyard space, dining space or rear access." In other
words, there are allowable ways to have the building not extend from side lot line to side lot line. The second part of the
setback requirement states: "Areas having public utility easements or similar restricting conditions shall be exempt from these
standards." It seems the tree removal permit would fit the "similar restricting conditions" and therefore the building would be
exempt from the standard of that setback. When you look at the roles for exceptions available, is there demonstrable difficulty
in meeting the specific requirements? It is a very difficult site to build on. The standards go on to say that you can have an
"alternative design that encompasses the purpose of the DowntOwn Design Stand/~rds in a manner that is equal or superior to".
It would seem there are other options available to the applicant under our Design Standards. He believes the Commission
would look favorably on the application if there had been some attempt on this site to actually retain the tree. He believes there
are omissions in the findings that speak to alternative proposals that could be on this site.
Chapman understood there has to be a 20 foot buffer around the tree during construction. Though Swales does not claim to be
a tree expert, it seems it is possible to build a building on this :site if you are required to save a tree. It is also in the Site Design
Standards to retain as many healthy trees as possible. This tree is of huge stature.
KenCaim said one of the criteria is that you don't have to follow the Design Guidelines if you are creating plaza space, etc. If
you were to do that around this tree, you couldn't pave it. You'd have to leave it in its natural state.
Stone argued that taken as a whole, the Downtown Design Standards were established for the purpose of replicating a
traditional downtown fagade treatment and compatibility with the those buildings that historically existed. You can make the
argument that Swales makes and make some efforts to establish a building with a small feature on the back of the property,
sandwiched between the tree setback area and the creek and call it a plaza. He does not believe these standards require you to
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do that. Stone is not going to say Swales is wrong, but the result of it is a building that doesn't meet what the design guidelines
have sought to achieve.
Haines explained this property is three tax lots. The assessor joined the property into one parcel.
Molnar is not sure, but based on revisions to the Big Box ordinance',, outside the downtown, buildings sharing a common wall
shall be considered one building. That was not a provision placed with the downtown area.
JAMES KOLKER, 1030 Morton Street, said he is a business owner in the area adjacent to the creek. If the building moved back
20 feet, it would end up with a 30 foot gangplank going to a tiny building. He is most concerned about the area containing a
dumpster, bike racks, and a large deck with a concrete parking lot. There is a huge electric box there too. The area is a heavily
traveled pedestrian area that meanders up from Water Street. Pedestrians are confronted with this bar scene that is very
unattractive and uninviting. This area sorely needs something to connect to the main walkway.
JOAN VAN LEHN, 310 Holly Street, agrees with Kolker. There are l:wo beautifully developed areas. People enjoy sitting by the
creek. The state right-of-way area is a blight. There are boom boxes, loud music, and beer cans. She would just like it to be
cleaned up. It could be an incredible asset to the community.
JACK HARDESTY, 575 Dogwood Way, said he supports the Haines project. He believes the plan is in keeping with the rest of
the downtown area. The plan to provide public space and access to Bluebird Park is decidedly in the public interest. It will
improve the entrance to downtown..
SKIP ANDREW, 216 Scenic Drive, favors the project. He used to live at the north end of town and the only place to walk in a
nice quiet green space was at Glen Vista Estates. Haines built that project. In walking downtown, he would walk in Bluebird
Park. Haines built that as well. His first response was to save the tree. It is an alder tree that has only about 30 years left. The
tree will be gone and the building will still be there. He does not agree with Swales' position. He believes the building needs
to be up against the sidewalk. He does not believe it is in the City's best interest to build around a tree.
RON ROTH, 6950 Old Highway 99 South, believes this is a good plan and a good project. Downtown Ashland is not a small
town, but a small city. What downtown Ashland needs is more people living in or near the downtown core. This proposed
building will provide more housing where more residents can walk to shops and parks. The large tree needs to be removed.
He does not think removing the tree will have any significant environmental impact. Alder trees are very plentiful and grow
very quickly. They also die at a relatively young age. He would be'. more in favor of the project if instead of two large
apartments, the plan was for half dozen small apartments. He's watched affordable housing disappear in Ashland.
ORIANA SPRATT, 212 Patterson Street, said she had also submitted a written opinion. She is not in favor of killing this plan,
but she doesn't think enough work has been done to save the tree. She agrees with Swales. This is the most beautiful part of
the plaza. She spoke with an arborist who said this is one of the pre, ttiest trees in Ashland and he is upset it has to be removed.
Roots would be damaged by being too close to construction..
DIANE MCDERMOTT, 208 Patterson Street, sent a couple of letters. She said if we didn't have to line up all the buildings, we
could save the tree. She is hearing that we don't have adequate information tonight to review this. We don't know ifa
building can be placed there and still preserve the tree. The tree is 40 years old. You can't see the maple tree. It would be a
shame to remove the alder tree if we don't have to.'
BRYAN HOLLEY, 324 Liberty Street, is still frustrated by Ashland's planning process. Nothing in his comments probably
approach the criteria. From a lay perspective it seems funny that the Chamber of Commerce wants more retail. This is a
values debate. On the one side we have the property owner and their rights and on the other side we have all the other values.
He is supportive of some of the ways the applicant is trying to make this area better. We will find a way to explain away why a
particular tree has to go. He would urge the Commission to look at the Valdez principles adopted by the Council. He
wondered if it would ever happen that someone couldn't build because of the Valdez principles. Or, maybe they are too
idealistic for our town. He mentioned the current Council goals. Another goal in the Tree Ordinance is 18.61.094 B(1)."
Conditions of approval may include, but are not limited to, requiring modifications in the location, design or intensity of a
development or activities on a site, or to require or to prohibit certain construction methods. Modifications may result in a
decrease in size of residential or commercial structures and modification shall not reduce the density of residential
development below the permitted density allowed by the zone." He, would like the Commissioners and the Planning Dept. to
keep this section in mind. He would hope this action could be continued for another month.
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KenCaim asked about the most recent response from the Tree Commission concerning the project. Holley said when you have
a multi-trunked tree and take it back to where you would normally prone, it creates a weak spot in the tree. The Tree
Commission said if the alder has to go, we would like the Planning Commission to work with the Planning Department and the
applicant and ODOT. If the alder acts as a gateway, then we have an opportunity to work with the multiple parties and make
that gateway the best it can be. It will take some political will.
CYNDI DION, 897 Hillview Drive, said she works on the plaza and walks daily in that area. There are some wonderful aspects
of this project she is in favor of but she is opposed to removal of the signature alder. She is extremely concerned that this
project is set to be very close to the Ashland Creek riparian area. She is on the Ashland Street Watershed Parmership
committee and they are currently working with the City to draw up a riparian ordinance. Some of the ordinances could be
stricter than what is on the books now. If it is absolutely necessary to remove the alder tree, the mitigation should be exactly as
stated by the Tree Commission. The best choice would be to replace it with another tree of equal girth and size, planted
specifically along the creek. She personally doesn't feel that a carving of the dead tree trunk mitigates the removal of the tree.
The plantings along the riparian area must be riparian plants. Perhaps some sort of work can be done so the maple does not
have to be trimmed back as severely as proposed.
KenCairn asked if Dion favored the effort between ODOT and the City to do some mitigation to the north of the property
boundary. Dion approved of the plan. She believes it is a wonderful idea to work diligently to put more plantings along the
creek.
RANDALL HOPKINS, 735 S. Mountain Avenue, suggested the Tree Commission made their decision they way they did is
because they heard from only one side. There was no notice on the City's website before January 9, 2004. It went to the Tree
Commission a second time on March 4, 2004. The agenda was posted on the website, however, under public hearings, no
planning actions were proposed for the month. The public would have no clue anything was happening. He attended the
meeting on the March 4th. It was clear that the Tree Commissioners believed that there is a zero setback requirement. As
Swales pointed out, the applicant has been very careful not to '.include references to the many exceptions and exclusions. He
read from the standards: "other recessed features". He believes it is possible to incorporate a recessed feature that would
comply with the setback requirement and bring the rest of the building to the sidewalk.
Molnar noted that this application was adequately noticed and met the statutes for pubic noticing.
Molnar referred to the question about whether this is one development or part of another development. Staffreviewed this as a
stand-alone development of approximately 8000 square feet and would not be subject to the large-scale development standards.
By taking off the second and third floor cantilevering, the building is about 7700 square feet. The dining deck and reception
area is about 800 square feet and a finding could be made this space is public space.
Molnar said the other issue is whether or not to grant tree removal of the alder tree. Staff doesn't take lightly the removal of
large trees. We rely on expert testimony from the applicant's team. What is the long-term vision for the downtown based on
the downtown development standards and the downtown plan'? It talks about buildings up on the street. Given the factors in
the arborist's report that any disturbance within 20 feet of the tree would be detrimental to the long-term health of the tree, etc.
would it be in the best interest of the Downtown Standards if that tree in 30 to 35 years ultimately declined. This is a unique
site because of the state right-of-way next to it.
KenCaim wondered if we could ask for mitigation or a condition that would require the applicant to exhaust mitigation
opportunities with another public entity. If the alder tree is a gateway tree, the best oppommity for mitigation is on the ODOT
property. It would force negotiations with the applicant and ODOT to do mitigation plantings in that area. To be responsible
to the community, we would try to force that opportunity.
Chapman said Condition 19 addresses the issue. KenCairn would like stronger language. She wants the public to know the
measures that the applicant had to go through to do mitigation in that area. Molnar asked if the Tree Commission's
recommendation was sufficient. "The applicant shall plant either a minimum one and one-half inch caliper, healthy and well-
branched deciduous tree or five or six foot tall evergreen tree." Molnar said the Commission has the ability to increase
landscaping.
Chapman's wording for Condition 19: To mitigate the loss of the alder, the applicant will exhaust all opportunities with
ODOT to implement the recommendations of the Tree Commission on the property directly to the north. Fields thought, in
order to satisfy the gateway issue around the tree, perhaps plant three trees. KenCairn said there is room for two along that
sweep. She thought there should be a larger canopy than a one and one-half inch caliper tree.
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Rebuttal
Stone believes the proposed development does not fall under large :scale development. If the County Assessor consolidated
three lots into one, Haines is willing to partition the property the way it was originally partitioned, separating the buildings onto
individual tax lots. The single building is about 7500 square feet.
Stone said the tree doesn't have to taken out to comply with the De:sign Standards. To create a 20 foot notch around the
building would probably not allow it to even hit the sidewalk. It would be pretty disastrous to the design of the project. This
project ought to move forward despite the removal of the tree because if by making some heroic efforts in the design of the
building to preserve the tree and it dies, we are left with a building 'that has a comprised design for a feature that is no longer
around. He does not believe it is a requirement to put in alcoves and plazas.
He believes ODOT will be cooperative. This is a piece of remnant property within the state right-of-way that looks like it
won't be necessary for any transportation purposes. He believes it will be a simple matter to gain their authorization to plant
one or multiple replacement trees. Haines would be willing to stipulate three trees.
KenCaim asked if they could be two to two and one-half inch caliper. Haines said yes. There are already eight trees going on
the fight-of-way. It may be the City would rather have a work of art there. KenCaim suggested they could integrate both.
Stone said possible language for Condition 19 could read: "Applicant shall seek ODOT's consent to permit the planting of not
less than three trees of not less than two to two and one-half inch caliper on the adjacent right-of-way." KenCaim appreciated
their generosity and thought three could be too many. Haines will be glad to mitigate even if it's not at that site, but another
part of the City.
KenCaim wondered if we want to mitigate in that area particularly to honor the canopy/gateway idea. Chapman thinks there is
a loss at that site and we would like to put something there to replace that loss. KenCaim said maybe we should go for canopy
cover rather number of trees. That's why larger is better and maybe one is enough.
COMMISSIONERS' DISCUSSION AND DECISION
Chapman suggested losing the alder and replacing it on the piece of property to the north. Dotterrer concurred. The Condition
can use words that talk about our goal rather than number of trees. Briggs would like wording that would signify the desire for
a special or "specimen" replacement tree.
Molnar's wording for Condition 19 as worded with the additional wording - "That the applicant shall seek ODOT's consent of
the planting to mitigate the loss of canopy from the alder to a large specimen tree (one to two trees, depending on the species
and what canopy it will reach) of two and one-half inch caliper. The landscape architect can make the decision as to what
tree(s). At maturity the tree will be considered a signature tree.
Chapman suggested adding a sentence to Condition 3: "The location of the creek armor shall be noted on the revised
landscaping plan and approved by the Staff Advisor prior to commencement of building permit review, pursuant to the
approval of appropriate government agencies with jurisdiction."
Delete Condition 14 (renumber the rest of the Conditions).
Chapman said it is always a balancing act between the urban environment, where we choose to build our buildings, and the
City's commitment to trees. We have a tree protection ordinance and a Tree Commission. He has to balance that against what
he sees as a substantial improvement to this properly. He believes it will be an attractive space and an opportunity to make
some improvements down toward the creek. He does not believe the tree ordinance was intended to preclude the construction
as evidenced by the Tree Commission's recommendation to remove the tree. The Historic Commission has signed off on the
building.
Swales agreed with the owner of the Blue Giraffe (Andrew) that the state right-of-way area needs cleaning up. Andrew
discussed the building not having an entrance right on the street and how it can work. Swales said the building occupied by
Christopher Briscoe on Fourth Street has the entrance on the diagonal with the comer of the building taken off. The Golden-
Fields building that won an award has a similar entrance on the comer. He feels this particular location is workable because it
is at the end of the block, the gateway; it doesn't necessarily have to face Main Street. It could have an entrance on the comer
without being a detriment to the design standards. With regard to construction of the building within the root zone, if there was
a danger of the tree catching a fungus, he is sure the ground could be treated with a fungicide. He believes there are creative
ASHLAND PLANNING COMMISSION 7
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solutions to the problem. His main contention is this should come under the purview of the large-scale development due to the
large size of the lot and the existing buildings on it. Under the code, he doesn't believe a little private eating deck for the
restaurant in back qualifies for a plaza or public space. If we take Stone's interpretation that this does not fall under large-scale
development, it seems it would be setting a precedent. Anyone that has a large lot could develop a building of 9999 square feet
and come back a year later with another building of the same size without having to meet the requirements of the ordinance. It
seems we have to address this as a large-scale development and therefore require a public plaza or we have to ask for a
continuation for the applicant to come back with a lot partition in association with a revised plan. He can't support the
application as it is.
Morris wondered how much of the building would go away if they left room for the tree. He referenced the letter from Tom
Meyer stating the roots go all the way to the creek and it is likely that any construction on this lot would release fungus to the
root system of the alder. To change the building to accommodate the tree doesn't seem to make a lot of sense to him. He can't
see it is a large-scale development. The survey shows the lot lines as dashed lines so evidently they were individual lots at one
time, so that does not seem to apply. With regard to a gateway, he likes the tree that is there, but he does not understand how
to change the building. It looks like a 12 foot drop. The one thing he would like to see is to remove the power poles, the
transformers, the utility pedestal and everything else that is sitting on the comer.
Though KenCaim stated she has already made her comments, she added a personal comment. Historically, 20 years ago, that
whole area was a gathering place for locals. So while she believes it is valuable to upgrade it for the tourists and the Plaza
Hotel, she also sees development of it as a loss to the historic community. It's going to end up depleting part of the downtown
that a lot of the locals use.
Briggs likes trees but knows alders need their water. If they t~3~ to save this alder and put a building between the tree and the
water source, it won't live. When she was part of the development of the Downtown Design Standards, they meant defimtely
for buildings to come to the street. She is concerned about the mitigation. She would like to see the new trees to the north in
the widest part of the arc, something that will create a canopy almost equal in size even it takes 20 to 30 years to get there. If
it's a cluster to make that size canopy, that's all right. She likes the idea it is downtown infill.
In looking at the planting plan, Kistler thought it looked like even if you notched around the dripline of the tree, there is about
four feet left over to the comer of the property. He would prefer to see the building all the way to the sidewalk. Fifty years
from now, it will look like we took the right course. He does not feel like this is a Big Box building. It doesn't matter to him
where the property line is.
Fields likes the building. The scale is not the issue. We are trying to establish a precedent about what is contiguous and how
buildings interrelate. He thinks they can mitigate the plaza area. He thinks it is Hames' intent to create public space all around
the building. He wants to make it clear that this is an important issue. This is like the gateway building into town. There will
be windows peaking through the trees with people living in the building. It is infill and he likes the character and quality of the
building. Right now there is only 2500 square feet of ground floor area. If they had to save the tree, it would deprive
development rights to put a restriction to save the tree. Fields does not understand the wheeled arches. Is it a gateway into the
walkway? Molnar said the stand-alone that enters the future walkway is just a possibility. The Historic Commission expressed
concern that it might be a little too overdone. He would like to see a true partition between the windows. It is unfortunate the
tree is lost to development.
Dotterrer agrees with those in support.
Molnar added a Condition requiring wood clad windows on the front windows and a four inch mullion (separation). Delete
Condition 14.
Chapman moved to approve PA2004-002 with the attached Conditions and changes and additions to the Conditions. Dotterrer
seconded the motion and it carried with Swales casting a "no" vote.
OTHER
Chapman had an article in the packet from the Wall Street Journal regarding solar. McLaughlin told Chapman we might be
able to have an ordinance that would include wording that any access to the sun shall not be restricted. We might want to talk
about this at the retreat or a study session.
Briggs mentioned an article Swales had. Swales said in Arcata they have an ordinance with a cap on the number of chain
stores allowed in a community in order to encourage small, locally owned businesses. Briggs thought this could be on the
ASHLAND PLANNING COMMISSION
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agenda for the retreat. Molnar has found that we get many inquiries from chain stores but our design process is so restrictive
that they lose interest.
ADJOURNMENT - The meeting was adjourned at 10:20 p.m.
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9
CITY OF
-ASHLAND
ASHLAND PLANNING COMMISSION
HEARINGS BOARD
MARCH 9, 2004
MINUTES
CALL TO ORDER
The meeting was called to order by Chair Russ Chapman at 1:40 p.m.
Commissioners Present: Russ Chapman, Chair
Ray Kistler
John Fields
Absent Members: None
Council Liaison: Alex Amarotico (Council Liaison does not attend Hearings Board meetings to avoid conflict of interest)
High School Liaison: None
SOU Liaison: None
Staff Present: Mark Knox, Associate Planner
Sue Yates, Executive Secretary
APPROVAL OF MINUTES AND FINDINGS
The minutes of the February 10, 2004 Hearings Board were approved.
Findings for PA2004-004, 1249 Ashland Mine Road (Dresner & Fox) were approved.
Findings for PA2003-150, 22 Scenic Drive (Ryan) were approved.
TYPE I PLANNING ACTION
PLANNING ACTION 2004-028
REQUEST FOR A CONDITIONAL USE PERMIT TO CONSTRUCT AN APPROXIMATELY 496 SQUARE FOOT ACCESSORY
RESIDENTIAL UNIT IN CONJUNCTION WITH THE CONSTRUCTION OF A NEW SINGLE FAMILY HOME AT 332 OTIS STREET.
APPLICANT: MARK & MARTY DENNETT
This action was approved.
PLANNING ACTION 2004-031 IS A REQUEST FOR A LAND PARTITION TO DIVIDE AN EXISTING LOT INTO THREE PARCELS, FOR
THE PROPERTY LOCATED AT THE CORNER OF STRAWBERRY LANE AND WESTWOOD STREETS. COMPREHENSIVE PLAN
DESIGNATION: RURAL RESIDENTIAL; ZONING: RR-.5; ASSESSOR'S MAP #: 39 1E 08 BD; TAX LOT: 100.
APPLICANT: CITY OF ASHLAND
This action was called up for a public hearing.
TYPE II PUBLIC HEARING
PLANNING ACTION 2004-029
REQUEST FOR A TWO-LOT LAND DIVISION UNDER THE PERFORMANCE STANDARDS OPTIONS FOR THE PRORERTY LOCATED
AT 650 OAK STREET. THE PROPOSAL WOULD ALLOW THREE PARCELS TO TAKE LEGAL ACCESS FROM THE ADJOINING
PRIVATE DRIVEWAY.
APPLICANT: MEDINGER CONSTRUCTION, LLC
Site Visits and Ex Parte Contacts
Kistler had a site visit. Fields is familiar with the property. Chapman saw Larry Medinger on the site and asked him a couple
of questions about Jessica Lane. That was the only discussion they had about the application.
STAFF REPORT
Knox said the application is for a single lot partition for a Performance Standards partition. Typically flag driveways have a
minimum of two lots accessing offa driveway. There is a provision in the ordinance that states there can be three when there
is some uniqueness to the property. In this case, there are four. Typically, Staff does not apply the first driveway when the lot
can easily and legally meet its access requirements, so the front house is not included off the flag drive.
This is a long lot that abuts the Jessica Lane development. Jessica ]Lane meanders toward the back end of this property. The
applicant was the developer of the Jessica Lane property. He thought this property could be eventually accessed by Jessica
Lane, but something was never recorded and there is a three foot gap extending from their roadway to the property that is
owned in common by all the Jessica Lane property owners.
The zoning is R-l-5. The applicant is proposing two lots of approximately 20,000 square feet. There is a long flag drive, a fire
truck turnaround and a building envelope. The radius on the fire track turnaround will need to be adjusted to meet the turning
radius requirements for the Fire Department.
Staff met with a couple of the neighbors on the site. One issue to resolve is the screening requirements along the flag drive.
They are required to have a six foot hedge or fence along the drive. There is a mature fence and hedge all the way along the
south property line, but there are big gaps. A Condition has been added to remedy that.
The other issue from Staff's perspective is the location of the building envelope and how it stretches down the hill and
encompasses Jessica Creek. It is on the National Wetlands Inventory as a waterway, not a wetland. Staff is asking the
applicant that the envelope now measuring approximately 60 feet big 120 feet, allowing a 7200 square foot building envelope
be pushed away from the creek about 40 feet to be consistent with other similar developments the City has encountered. It is
consistent with the topographic boundaries with the adjacent properties. Staff feels the request is justified because the
applicant is requesting a Performance Standards development. The purpose and intent talks about using a creative design or a
situation where we are being efficient with the land use. We want to make sure the purpose and intent is applied and not a way
just to add a lot off a flag drive.
Knox said a Condition 10 should be added: "That the proposed building envelope be reduced by about 40 feet to an elevation
of 1807. The applicant can adjust the setback on the existing last house. The Conditions also show this is just a structure line.
From the 40 feet line, it is reasonable for disturbance area for garden beds or other landscaping activities. It is consistent with
the neighboring properties. Staff is asking that from the applicant's current line all the way to the end of the parcel be
identified with the conservation easement, making sure no structure of any kind will be built in that area.
PUBLIC HEARING
DAVE HARD, Fire Marshall, clarified the Fire Department requirements. The applicant has one of two options. He can
provide a fire hydrant within 250 feet of the complete edges of the building envelope (near fire truck turnaround) as required
by the fire code. The other alternative is to provide a sprinkler system in the home and have a fire hydrant within 600 feet. If
they choose to have a private fire hydrant, it would be right by their house. The fire truck turnaround does not meet the
standards. The dimensions are correct except for the entrance portion where they show it being 15 feet. That portion needs to
be 20 feet, but it is usually correctable on the building plans.
BILL RICHEY, 675 Carole, said he lives across from the property they are talking about. This property is landlocked. How
will they get in and how will they get out? They would have to come through the existing park for access. There is going to be
a solar problem for his property. He is in agreement with the Fire Department's requirements. Knox said the residence will
have to meet the most stringent solar standard Access A and is included as a Condition of approval.
KAREN SMITH, 165 Jessica Lane, said her property backs the driveway. After they carved off two lots prior to this
application, they were told by the Planning Department that was the maximum number of units that could be accessed. She
disputes the fact that the first lot does not count because the driveway is paved and used as a drive and a berm on Oak Street.
Her primary concern is the traffic volume and the overall quality of development. It is very crowded. She is concerned about
the terms of the conservation easement. Would that allow a future dwelling? The neighbors want to maintain the overall
quality of life. This is a narrow property with very, very limited access. She wants to make sure this would be a single family
home built in the envelope, as described, not multiple family units.
Knox said it is for a single family dwelling. He said the intent of the conservation easement is purely for conservation, not
building. They can clarify that in the Conditions to prohibit stmctm'es.
H. L. BENBOUGH, 224 Jessica Lane, said if the development goes through, will there be some type of a sound barrier fence
instead of a cyclone fence or any fence going the entire length of the property. There is about 250 feet of barbed wire along
that line. Can the owner take care of an old cottonwood tree that fell on the Jessica Lane property? Knox said a six foot sight-
ASHLAND PLANNING COMMISSION 2
HEARINGS BOARD
MINUTES
MARCH 9, 2004
obscuring fence or hedge is required along the drive. Medinger would be required to take the fence from the edge of the
driveway to the end of fire track turnaround area. It should go the edge of Benbough's house. He said the tree is a matter
between the property owners.
BERT HINMAN, 587 Carol Street, said when Medinger originally wanted to do put a driveway through his (Hinman's)
driveway, Hinman would not agree to it. Why can't the house on the map be further up to the left where the fire track
turnaround is placed so it is less offensive to the neighbors? It is a skinny piece of property for a home and it will look out of
place.
Knox said the Planning Commission can impose Conditions as long as they are intended to meet the purpose and intent of the
ordinance. As proposed, the application meets the purpose and intent. Extending the driveway might be an issue for the Fire
Department. The individual property owner would have asphalt in the front and in the back of his/her property. Knox said
just the applicant's building envelope will move. In order for the applicant to still achieve his need to separate the house from
the fire truck turnaround, yes, everything could be shifted 40 feet, but it is not a requirement. Fields suggested Hinman talk to
the applicant.
Kistler wondered if a compromise could be made with the Jessica Lane neighbors and Medinger to share a fire truck
turnaround. Knox said it would be so beneficial if everyone could understand that by not working it out, we are adding more
asphalt.
Dave Hard is hearing they want to move the building envelope forward and put the fire truck turnaround behind it. That can be
done. The key thing is a driveway longer than 250 feet has to provide a way for the truck to turn around.
Smith asked about the criteria, item A, "future use for urban purposes not be impeded". That is why, in part, she was
concerned about the conservation easement. Does that have some longer lasting effect on the remainder of property? The
development of any adjoining land...will not be impeded? She disagrees with Benbough. She would prefer a chain link fence
as long it is permanent and the height can be four feet.
Knox said the fence is shared.
Staff Response
Knox suggested wording for Condition 3 for the for the conservation easement. Continue the sentence to read: "...and in no
case shall structures be built within the easement."
Chapman wondered what Medinger would have to do to change the Condition. Knox said Medinger would have to petition the
City Council to remove the easement in order to build within that general area.
Add Condition 10 to pull the building envelope back to the 1808 foot topographic line.
COMMISSIONERS' DISCUSSION AND MOTION
Knox said the only discretionary item in the application is with the first lot off Oak Street. We have always said a lot can be
legally accessed from the street even though we would prefer them to take access off the flag drive because additional conflicts
are not being added. Why not just share it and not get penalized?
Fields believes the only negotiated part of the proposal is if there was some way to share a turnaround. That would require
dissolving the property line and making it all one piece. Because no one is interested in that we are stuck with this.
Fields moved to approve PA2004-029 with the change to Condition 3 and the addition of Condition 10. The motion was
seconded and carried unanimously.
ADJOURNMENT - The meeting was adjourned at 2:35 p.m.
ASHLAND PLANNING COMMISSION
HEARINGS BOARD
MINUTES
MARCH 9, 2004
590 Glenview Drive
Ashland, Oregon 97520
April 20, 2004
Ashland Mayor and City Council
City Hall
Ashland, Oregon 97520
Regarding: Colin Swales not being reappointed to the Ashland Planning Commission. Please read
this note into the minutes at tonight's meeting when this issue is addressed.
Dear Mayor and Council Members:
Swales, You're Fired!! I'm very sorry that Colin Swales was "Trumped" by our Mayor. As a
current member of our Planning Commission, I was impressed by Swales' thorough knowledge
of the ordinances, more so than we others. He always brought up issues directly related to the
"criteria", and asked important questions in respect to the letter of the ordinance as well as the
livability of the community. I'm concerned that without Swales, the public will think that the
Planning Commission appears complacent and too dependent on staff recommendations. Even
though his votes often were the minority opinion, it would have been more beneficial in regards
to "public fairness" to have reappointed him.
Respectfully submitted,
Marilyn Bri~lgs d t
Page 1 of 2
JBStreet
From:
To:
Sent:
Subject:
"JBStreet" <jbstreet@ashlandhome.net>
"Bill Street" <bill.street@ashland.k12.or.us>
Tuesday, April 20, 2004 7:37 AM
Fw: A Matter of Principle
Dear Councilors and Commissioners,
T write to you about a matter of principle. As most of you know, Alan DeBoer has
refused to reappoint Colin Swales to the Planning Commission. The Mayor's
decision will be considered by the Council at tomorrow night's 7pm meeting.
The City Charter grants the Mayor the power to appoint. The Council, according to
the City Charter, has the power to ratify, or NOT to ratify, the Mayor's
appointments. [ ask you to request of the Mayor that he state his reasons for not
reappointing Mr. Swales. ! then ask you to weigh carefully his reasons, and the
evidence for his reasons, and consider them in light of the concerns expressed
below.
The Planning Commission is considered a quasi-judicial body when hearing
planning actions.The Mayor and the previous Mayor have appointed the present
members. !t is no coincidence that the Commission has nine members just as the
Supreme Court has nine members. The intent is that there will be no ties and that
the Commission will make a decision based on City laws and the merits of the
application before it.
The principle at stake here is the independence and intellectual freedom of the
Commissioners. The principle of an independent judiciary, or commission, is one
that we all honor and value. ! believe that if the Mayor is allowed to carry out this
decision, without adequate or sufficient proof of his reasons, the objectivity and
impartiality of the Planning Commission and all other City commissions will be
suspect and questioned at every turn.
The risk, and the potential loss of confidence in our quasi-judicial and volunteer
commissions, works both ways - developers and historic preservationists,
Democrats and Republicans - all should be concerned. A Cathy Golden Shaw, as
well as an Alan DeBoer, could abuse this basic judicial principle. Clearly,
our Constitution and Bill of Rights have established in judicial matters that the
appointer (Mayor, President) and the confirming body (City Council,
Senate) should honor and stand by the choice they've made, unless the judge (or
Commissioner) is guilty of unethical or illegal behavior.
The burden of proof should be on the Mayor. Please ask him for his reasons and
consider the consequences of allowing his decision to stand.
4/20/04
Page 2 of 2
Thank you for your thoughtful consideration,
Bill Street
4/20/04
We the undersigned want to express our opposition to Mayor. DeBoer's decision not to
reappoint Colin Swales to the Planning commission.. Although some of his positions may have
unpopular with the Planning Department and some of his fellow Commissioners, Colin
consistently refused to accept what was presented to the Planning Commission without a critical
look as to whether it met all the rules and more importantly whether the project was an
appropriate one. Having a rubber stamp Planning Commission may make it easy for the City's
planners and developers, but it is not in the public interest. We hope that his replacement will be
someone who, like Colin, has the courage and integrity not just to play along, but to take
unpopular positions on projects backed by the "establishment." Otherwise, the citizens of
Ashland will be poorly served.
Suzia Aufderheide, Dinah Breakell, Bonnie Brodersen, Tracy Bungay, Nancy Carter, Tamara
Cottongim, Tracy Deliismail, Stan Druben, Shelly Elkovich, Ann Gagnon, Phil Gagnon, Paul
Garber, Pamela Goodwin, Ellinor Gottesman, Marcy Greene, Heidi Grossman, Jack Hardesty,
Marle Jandreau, Shirlie Plummer-Joseph, Herschel King, Lindea Kirschner, Rick Kirschner,
Louis Leger, Ann Magill, Joshua Maltsberger, Dr. Tom Marvin, Karen McClintoch, Kathleen
Meager, William E. Morton, Eric Navickas, [)avid Oliver, Natalie Padno, Sugeet Posey, Gene
Robbins, Michael Riedman*, Barbara Richert, Sam Rocco, Jeanr~ine Roberts Royce, Ken Royce,
Travis Scott, Joan Steele, John Stromberg, Robert Sweeney, Liz Vesecky, Jan Waitt, Isaac .\
Walker, Patricia Zoline
*would strongly prefer retaining Colin Swales
To the Mayor and Council of Ashland,
I know it is tempting for you to think that I am simply part of a loud minority, and that
my repeated statements to the Council are of little political significance for this reason.
Things are quite different from my perspective. My statements to the Council are always
composites of the ideas and sentiments I discuss with a diverse array of community
members. I was born in this town 26 years ago, and as such a long time resident active in
community affairs, I come into contact with a great deal of Ashlanders on a daily basis.
I've worked in restaurants, offices, public schools, I'm a student at the college, and have
been active in countless volunteer activities, including serving on the City's Bike and Ped
Commission.
I speak for the people who just don't have time to make it here, I speak for people who
are too shy to speak in public. I speak for the people who are uncomfortable speaking
truth to power, even though they are mighty glad someone else is doing it. I regularly
receive heartfelt gratitude from strangers who have watched these meetings on television.
I have received several emails from people apologizing for not having the time to be
politically active, but encouraging me to keep doing so.
Most importantly though, I speak for people who have lived here long enough to know
what we are now losing as a community.
And the loss we now face at this meeting must be among the most outrageous we've
experienced so far. After the library clearcut fiasco, I attended Mayor DeBoer's 4~h of
July speech at the bandshell in Lithia Park, holding a large, hand-painted banner reading:
"Our Mayor is an Enemy of Democracy." Aides attempted to block my sign with their
bodies, so that it couldn't be read by the enormous crowd. I evaded their censure and
continued to put forth my opinion, because sap was still flowing from the ginkgo stump
at that time, and hearts all over town were still bleeding from such an unexpected betrayal
by a publicly elected leader.
The betrayals coming forth from Alan's office have not stopped since then. Alan has
sold our town's soul to the devil, and by devil, ! mean the developers. He has had plenty
of help in this effort, but he has led the charge. If others think I'm exaggerating, they
have not looked closely enough at the public record. There is no other way to say it, the
Mayor simply must be stopped.
So, Alan, I call on you, as others have done, to tell us exactly why you have proceeded
with Colin Swales' dis-appointment. The reasons you've given to the press and in your
form email response are inconsistent and inappropriate. Colin has explained why he
couldn't meet with you, and several people have noted that no where is it stated that a
commissioner must meet privately with the Mayor before being reappointed. And Alan,
it is so abominably undemocratic to claim Swales outspokenness constitutes a bias and
potential liability for the city that I'm sure the Fathers of Democracy are doing a special
roll in the grave on your behalf, this evening.
However, if by "bias" you mean, "disagrees with the DeBoer development agenda," than
I suppose you've got a point. But the rest of us call that conflict of interests, and we
cannot let it continue to determine the fate of our community.
Council, you have a great responsibility before you. You have set a precedent for feeling
one thing, but voting for another. You have repeatedly proven yourselves cowardly in
the face of justice. Here is a chance for you to try something different. Here is a chance
for you to make a courageous decision you can be proud of. I urge you to do the right
thing.
Lastly, I will not apologize for appearing rude or using harsh language. It is becoming
clear in America, and in this town, that what is done behind closed doors with our silent
approval is far harsher and more rude than [ny willingness to speak truth could ever be.
We, the undersigned, strongly disapprove of Mayor DeBoer's decision not to re-appoint
Colin Swales to the Planning Commission. We ask the Council not to ratify this
decision. We call on the Mayor to re-appoint Colin Swales to the Planning Commission.
We are concerned that the Mayor has a conflict of interest in regards to this decision.
ame Ashland Address Phone Number Email
We, the undersigned, strongly disapprove of Mayor DeBoer's decision not to re-appoint
Colin Swales to the Planning Commission. We ask the Council not to ratify this
decision. We call on the Mayor to re-appoint Colin Swales to the planning Commission.
We are concerned that the Mayor has a conflict of interest in regards to this decision.
Your Name Ashland Address Phone Number Email
We, the undersigned, strongly disapprove of Mayor DeBoer's decision not to re-appoint
Colin Swales to the Planning Commission. We ask the Council not to ratify this
decision. We call on the Mayor to re-appoint Colin Swales to the planning Commission.
We are concerned that the Mayor has a conflict of interest in regards to this decision.
Your Name Ashland Address Phone Number Email
We, the undersigned, strongly disapprove of Mayor DeBoer's decision not to re-appoint
Colin Swales to the Planning Commission. We ask the Council not to ratify this
decision. We call on the Mayor to re-appoint Colin Swales to the Planning Commission.
We are concerned that the Mayor has a conflict of interest in regards to this decision.
Your Name Ashland Address Phone Number Email
We, the undersigned, strongly disapprove of Mayor DeBoer's decision not to re-appoint
Colin Swales to the Planning Commission. We ask the Council not to ratify this
decision. We call on the Mayor to re-appoint Colin Swales to the Planning Commission.
We are concerned that the Mayor has a conflict of interest in regards to this decision.
Your Name Ashland Address Phone Number Email
We, the undersigned, strongly disapprove of Mayor DeBoer's decision not to re-appoint
Colin Swales to the Planning Commission. We ask the Council not to ratify this
decision. We call on the Mayor to re-appoint Colin Swales to the Planning Commission.
We are concerned that the Mayor has a conflict of interest in regards to this decision.
Your Name Ashland Address Phone Number Email
,)
We, the undersigned, strongly disapprove of Mayor DeBoer's decision not to re-appoint
Colin Swales to the Planning Commission. We ask the Council not to ratify this
decision. We call on the Mayor to re-appoint Colin Swales to the planning Commission.
We are concerned that the Mayor has a conflict of interest in regards to this decision.
Your Name Ashland Address Phone Number Email
We, the undersigned, strongly disapprove of Mayor DeBoer's decision not to re-appoint
Colin Swales to the Planning Commission. We ask the Council not to ratify this
decision. We call on the Mayor to re-appoint Colin Swales to the Planning Commission.
We are concerned that the Mayor has a conflict of interest in regards to this decision.
Your Name Ashland Address Phone Number Email
We, the undersigned, strongly disapprove of Mayor DeBoer's decision not to re-appoint
Colin Swales to the Planning Commission. We ask the Council not to ratify this
decision. We call on the Mayor to re-appoint Colin Swales to the planning Commission.
We are concerned that the Mayor has a conflict of interest in regards to this decision.
,.~Your Name ~ Ashland Address Phone Number Email
We, the undersigned, strongly disapprove of Mayor DeBoer's decision not to re-appoint
Colin Swales to the Planning Commission. We ask the Council not to ratify this
decision. We call on the Mayor to re-appoint Colin Swales to the Planning Commission.
We are concerned that the Mayor has a conflict of interest in regards to this decision.
four Name Ashland Address Phone Number Email
We, the undersigned, strongly disapprove of Mayor DeBoer's decision not to re-appoint
Colin Swales to the Planning Commission. We ask the Council not to ratify this
decision. We call on the Mayor to re-appoint Colin Swales to the planning Commission.
We are concerned that the Mayor has a conflict of interest in regards to this decision.
Your Name Ashland Address Phone Number Email
We, the undersigned, strongly disapprove of Mayor DeBoer's decision not to re-appoint
Colin Swales to the Planning Commission. We ask the Council not to ratify this
decision. We call on the Mayor to re-appoint Colin Swales to the planning Commission.
We are concerned that the Mayor has a conflict of interest in regards to this decision.
Your Name Ashland Address Phone Number Email
To:
From:
Date:
Office of the MayOr
Alan ~. DeBoer
MEMORANDUM
City Council Members
Mayor Alan DeBoer
April 15, 2004
APPOINTMENTS/REAPPOINTMENTS TO COMMISSIONS
APRIL 20TH CITY COUNCIL MEETING
I would like to confirm approval of the following new appointments and reappointments for current
members whose terms expire April 30, 2004 for the various boards and commissions: Letters of
application for those appointed are attached. Other applications have previously been provided.
The Audit Committee is council appointed.
AIRPORT COMMISSION
Meets 1s~ Tuesday, 10:00 a.m., Comm. Dev. Bldg.
Council Liaison: Mayor Alan DeBoer
Staff Liaison: Public Works (Paula Brown)
Members (3-year terms expiring April 30)
First Elect
'04 (4/95) William Skillman, 635 Oak Knoll Drive, 482-2148 - Requests reappointment -
REAPPOINT TO 4/30/07
~04 (1/01) H. Lincoln Zeve, 555 Ashland Creek Dr., 482-5436 - Requests reappointment.
REAPPOINT TO 4/30/07
APPLICATIONS:
None
Previous Applications:
None -
ASHLAND FIBER NETWORK PROGRAMMING COMMI'ETEE
Meets as needed (usually 4~n or last ThurSday at 5:30 p.m.). Mayor appointed
Council liaison: Alex Amarotico
Staff liaison: Dick Wanderscheid
Members.: Terms expiring April 30
First Elect
°04 (2/99) Candice Chapman, 715 Elkader Street, 482-8274 - Requests reappointment -
REAPPOINT TO 4/30/07
'04 (2/99) Lenny Neimark, 380 Kent Street, 482-6218 - Requests no reappointment - APPOINT
TOM GARLAND TO 4/30/07
APPLICATIONS:
Tom Gadand, 351 Wiley Street, 292-3519
Previous Applications:
Pamela Garrett, 2128 Birchwood Lane, 488-7808
City of Ashland · 20 East Main Street · Ashland, OR 97520 · (541)488-6002 ° Fax: (541)488-5311 · Email: awdb@aol.com
COUNCIL APPOINTED
AUDIT COMMI'i-I'EE (Established Reso #91-16: repealed resos 95-24,
98-06. Current per reso 03-07)
Semi-annually or as needed. Council appointed. 5 voting members.
Council Liaison: Alan DeBoer (voting alternate)
Staff Liaison: Lee Tuneberg, Director of Finance
(expiring April 30)
Members
First Elect
Barbara Christensen, City Recorder (voting member)
'04 (6/01) Roberta Stebbins, 111 Granite Street, 552-1094 (Citizen at lar_qe/3 yr. Term) -
Requests no reappointment- SUGGEST APPOINT GUY NUTTER FOR TERM TO
EXPIRE 4/30/07
APPLICATIONS:
Guy Nutter, 1037 Pinecrest Terrace (currently on Bike & Ped, requesting no further appointment - also
considering Building Appeals Board and Traffic Safety Commission)
Previous Applications:
None
BAND BOARD
Meets as needed. Mayor appointed.
Council Liaison: Don Laws
Staff Liaison: Administration
Members (1-year term expiring April 30)
'04 Marvin Belford, 385 Kearney, 482-8309 - Requests reappointment - REAPPOINT TO 4/30/05
'04 David Hoxie, 174 Church, 776-8262, 482-0400 - Requests reappointment - REAPPOINT TO
4/30/05
'04 Mike Knox, 720 Grover, 482-3425, 488-5258 - Requests reappointment - REAPPOINT TO
4/30/05
'04 Raoul Maddox, 186 Church Street, 482-0059 - Requests reappointment - REAPPOINT TO
4/30/05
'04 Doug MacDonell, 150 High Street, 482-2892 - Requests reappointment - REAPPOINT TO
4/30/05
'04 Harry Kannasto, 1015 Park Street, 482-3658 - Requests reappointment -- REAPPOINT TO
4/30/05
'04 Don Bieghler, 916 Black Oak Dr. Medford 97504 772-8862 - Requests reappointment
(Director of Band Board) - REAPPOINT TO 4/30/05
APPLICATIONS:
None
Previous Applications:
None
BICYCLE & PEDESTRIAN COMMISSION
Meets 3rd Thursday, 5:15p, Community Development
Council Liaison: John Morrison
Staff Liaison: Planning (Maria Harris)
Members (3 year terms expiring April 30)
First Elect
'04 (4/01)
'04 (6/01)
'04 (10/02)
Guy Nutter, 1037 Pinecrest Terr, 201-0668 - Requests no reappointment (has
requested Audit, Building Appeals or Traffic Safety) -APPOINT TRACY BUNGA Y
TO 4/30/07
John Baxter, 595 Ray Lane, 482-6027- Requests no reappointment. APPOINT TOM
MARVIN TO 4/30/07
Jack Catron, 780 Fairway Court, 482-5428 - Requests reappointment - REAPPOINT
TO 4/30/07
APPLICATIONS:
Tracy Bungay, 334 Bridge Street
Dylan Robbins, dylanrobbins87~,hotmail.com
Previous Applications:
Tom Marvin, 499 Iowa Street, 482-5310
Eric Poole, 186 Ohio Street, 951-5711
Edwin Mills, 805 Pinecrest Terrace, 488-8196
BUILDING APPEALS BOARD
Meets as needed. Mayor appointed.
Council Liaison: (none)
Staff Liaison: Community Development Mike Broomfield
Members (3-year terms expiring April 30)
[changed by Ordinance 12/01])
First Elect
'04 (10/98) Dale Shostrom, 309 N. Pioneer, 482-9761 - Requests reappointment
TO 4~3O~O7
'04 (12/01) John Fields, 845 Oak St., 482-8442 (Planning Commission Member)
reappointment - REAPPOINT TO 4~30~07
APPLICATIONS:
Guy Nutter, 1037 Pinecrest Terrace (currently on Bike & Ped, requesting no further appointment ~ also
considering Audit and Traffic Safety Commission)
Previous Applications:
None
REAPPOINT
- Requests
CONSERVATION COMMISSION
Meets 4th Wednesday, 7:00 p.m., Community Dev.
Council Liaison: Alex Amarotico
Staff Liaison: Conservation (Dick Wanderscheid)
Members (3 year terms expiring April 30)
First Elect
'04 (5/01) Charles H. Bennett Jr., 1004 Brandon Way, Phoenix 97535, 512-0580 - Requests
reappointment - REAPPOINT TO 4/30/07
'04 (10/01) Jim Hartman, 1033 Clay Street, 482-4293 (Ashland Public Schools rep) - Requests
reappointment - REAPPOINT TO 4/30/07
APPLICATIONS:
Keith Quick, 941-2845
Previous Applications:
None
FOREST LANDS COMMISSION
Meets 2na Wednesday at 4:30 p.m., Community Development
Council Liaison: Chris Hearn
Staff Liaison: Public Works (Keith Woodley/Paula Brown)
Members (3 year terms expiring April 30)
First Elect
'04 (2/01) Stephen E. Jensen, 355 Otis Street, 482-9126 - Requests reappointment-
REAPPOINT TO 4/30/07
'04 (~1/03) Diane E. White, 940 Hillview 488-1457 - Requests reappointment -REAPPOINT TO
4/30/07
'04 (~1/96) Richard Brock, 881 E. Main Street, 821-1635 ~- Requests reappointment -
REAPPOINT TO 4/30/07
APPLICATIONS:
None
Previous Applications:
None
HISTORIC COMMISSION
Meets 1st Wednesday, 7:00p.m., (Wednesday prior to
Planning Commission), Community Development Building
Council Liaison: John Morrison
Staff Liaison: Community Development Mark Knox
(3 year terms expiring April 30)
Members
First Elect
'04 (11/03)
TO 4/30/07
'04 (5/01)
Keith Swink, 231 Gresham Street, 482-8802 - Requests reappointment- REAPPOINT
Robert Saladoff, 545 A Street, Suite 2, 482-3772 - Requests reappointment-
REAPPOINT TO 4/30/07
'04 (5/89) Terry Skibby, 611 Beach Street, 482-2805 - Requests reappointment- REAPPOINT
TO 4/30/07
APPLICATIONS:
None
Previous Applications:
None
HOUSING COMMISSION
Meets 4th Wednesday, 4:00 p.m., Comm Dev. Building
Council Liaison: Kate Jackson
Staff Liaison: Community Development, Bill Molnar
Members (3-year terms expiring April 30)
First Elect
'04 (1/03) Kim Miller, 147 Mountain View Dr., 488-3460 - Requests reappointment-
REAPPOINT TO 4/30/07
APPLICATIONS:
Suzia Aufderheide, 321 N. Mountain, 482-0102
Previous Applications: (from January, 2004 - available for review in Administration): Fred Caruso;
Connie Battaile; Alaya Ketani; Iraj Ostovar; Eric Navikas, Joanie McGowan.
PLANNING COMMISSION
Meets 2nd Tuesday, 7:00 p.m., Council Chambers
(Study Sessions Meet 4th Tuesday, 7:00 p.m., Council Chambers)
(Planning Hearings Bd. Meets 2nd Tuesday, 1:30 p.m., Council Chambers)
Council Liaison: Alex Amarotico
Staff Liaison: Community Development (John McLaughlin)
Members (4 year terms expiring April 30)
First Elect
'04 (4/00) Raymond Kistler, 2025 Butler Creek Rd., 482-886 - Requests no reappointment -
APPOINT DA VID WILLIAMS TO 4/30/08
'04 (9/01) Colin Swales, 461 Allison Street, 488-0939 - Requests reappointment - APPOINT
ALLEN DOUMA TO 4/30/08
'04 (1/03) Cameron Hanson, 67 Woolen Way, 482-5575-- Requests no reappointment -
APPOINT DORIS MANNION TO 4/30/08
APPLICATIONS:
David Williams, 1023 Morton St., 482-6395 (Currently serves on Citizens' Budget Corem)
Oiena Black, 2110 Creek Drive, 488-1580
Doris Mannion, 673 Tolman Creek Rd., 482-4170 (Currently serves on Traffic Safety Corem)
Allen Douma, 83 Granite St., 488-8877
Stanley Druben, 125 Brooks Lane, 482-4183
Michael Dawkins, 646 E. Main,482-2703
Previous Applications:
None
PUBLIC ARTS COMMISSION
Meets 3r~ Wednesday, 8:15 a.m., Community Development Building
Council Liaison: Kate Jackson
Staff Liaison: Ann Seltzer
Members (3-year terms expiring April 30)
First Elect
'04 (10/03) J. David Wilkerson, 1120 Barrington Cir., 482-6246 - Requests reappointment -
REAPPOINT TO 4/30/07
'04 (1/03) Ron Demele, 165 Crocker, 488-4236 - Requests no reappointment - APPOINT
JAMES YOUNG TO 4/30/07
'06 (1/03)v,,_,v,,q~' .... Dyer3, ~nnn, vvv ~°"v,_j v,,vv,,q*"~'~* ,~o_c'~a6, w v~v resigned. Position VACANT - APPOINT
JENNIFER LONGSHORE TO 4~30~06
APPLICATIONS:
None
Previous Applications:
James Royce Young, P.O. Box 3194.
(from January, 2002 - available for review in Administration): M. Kit Whitney; Will Carr; Anna S. Horrigan;
Keith Boyle; Jennie Englund; John Davis; Chris Rose-Merkle; Richard Moeschl; William Bloodgood;
Sidney Copilow; Heather Daylene-Ayers; Rachel. Owings; Jennifer Spedowfski Martin; Rob Pendell;
Alison Grant; Jennifer Longshore; Becky Roberts.
SENIOR PROGRAM BOARD
Meets 3rd Thursday, 12:30 p.m., Hunter Park
Council Liaison: Chris Hearn
Staff Liaison: Senior Program (Sharon Laws)
Members (3 year terms expiring April 30)
First Elect
°04 (2/01) Jean Maxwell, Dept. of Sociology, SOU, 1250 Siskiyou, 552-6760 - Requests
reappointment - REAPPOINT TO 4/30/07
°04 (4/95) Jeanne Monroe, 1155 Hillview, 482-2424 - Requests reappointment - REAPPOINT
TO 4/30/O7
APPLICATIONS:
None
Previous Applications:
None
TRAFFIC SAFETY COMMISSION
Meets 4th Thursday, 7:00 p.m., Council Chambers
Council Liaison: Don Laws
Staff Liaison: Public Works (Jim Olson/Ray Smith)
(3 year terms expiring April 30)
Members
First Elect
'04 (2/01)
Keith Massie, 1615 Peachey Rd., 774-6028 - Requests reappointment - REAPPOINT
TO 4/30/07
'04 (5/02) Doris Mannion, 673 Tolman Creek Road, 482-4170 - Requests reappointment -
REAPPOINT TO 4/30/07
'04 (4/98) William Snell, 478 North Laurel, 482-7981 - Requests no reappointment - APPOINT
NOAL PRESLAR TO 4/30/07
APPLICATIONS:
Guy Nutter, 1037 Pinecrest Terrace (currently on Bike & Ped, requesting no further appointment ~ also
considering Building Appeals Board and Audit Corem)
Noel Preslar, 730 Alaska Street, 488-5839
Previous Applications:
None
TREE COMMISSION
Meets Thursday before Planning Commission, 7:00 p.m., Community
Development (Planning Commission meets 2nd Tues.)
Council Liaison: Cate Hartzell
Staff Liaison: Community Development Robbin Pearce
Members (3 year terms expiring April 30)
First Elect.
'04 (10/02 Jonathan Uto, 1351 Quincy St., No. 8C, 488-0990 - Requests no reappointment -
APPOINT MARY PRITCHARD TO 4/30/07
'04 (2/01) Bryan Holley, 324 I_iberty St., 488-3866 - Requests reappointment - REAPPOINT TO
4/30/07'
APPLICATIONS:
None
Previous Applications:
Mary Pritchard, P.O. Box 3475 (has been coming to meetings and is interested in appointment)
Page 1 i
From:
To:
Subject:
Fran berteau
Tom Garland
Re: AFN programming committee
>>> "Tom Garland" <tomCb, rio.com> 03/3112004 11:38:28 AM >>>
Thanks for your call Fran. Yes, I'm interested in rejoining the
programming committee. With so much changing in the TV industry I want
to stay up on issues to support the needs of the Ashland community.
Please let me know what I need to do next.
I look forward to being of service.
Thanksin advance.
Tom Garland
351 Wiley St.
Ashland
541.292.3519
bird~mind.net
City Recorder's Office
Attention: Fran Berteau
20 E. Main Street
Ashland, OR 97520
Guy B. Nutter
1037 Pinecrest Terrace
Ashland, OR 97520
541-488-6900
Re: Application for Volunteer Positions
March 5, 2004
Dear Fran,
Per our telephone discussion, this letter is to let you know that I'm interested in being
considered for appointment to one of the following Committees, Commissions or Boards:
A. Audit Committee - my first choice
B. Building Appeals Board - second choice
C. Traffic Safety Commission - a third choice
As of April 30, 2004, I will have finished serving a three-year term with the Bicycle &
Pedestrian Commission and I'm looking for the opportunity to serve on another volunteer
Committee, Commission or Board.
I have skills, which will be of value as a volunteer. I am, and have been, an attorney for
just under 30 years. While the bulk of my employment as an attorney was in Southern
California, I have also worked with the Internal Revenue Service and the Federal
Communications Commission in Washington DC. I have also been trained and worked as
a mediator, and a small claims judge.
The majority of my legal career involved corporate reorganizations. That entailed
working with businesses facing financial problems and constraints. I have had a
considerable amount of hands-on experience utilizing financial statements in locating
areas where unnecessary or redundant expenditures were occurring and where cost
savings could be implemented.
Should you need any additional information, please do not hesitate to contact me.
Sincerely,
~ Pag
[. e 1
From:
To:
Date:
Subject:
"Tracy Bungay" <stinky@mind.net>
<awdb@aol.com>
03/18/2004 11:13:40 PM
commission application
Tracy Bungay
334 Bridge Street
Ashland Or 97520
March 18 2004
Mayor Alan DeBoer
City of Ashland
20 East Main Street
Ashland OR 97520
Dear Mayor DeBoer,
I would like to express my interest in serving on the Bicycle & Pedestrian Commission. I have chosen to
ride a bike or walk as my primary transportation since I was in grade school and would like to encourage
all the residents of Ashland to do the same. I see this appointment as an opportunity to contribute to our
community and the whole planet!!
I believe that we need greater awareness and more incentive to get people out of their cars. I think
Ashland needs to more visibly promote bicycle safety programs. I think we need to encourage children to
walk or ride to their activities and/or school each day, so this becomes their chosen transportation. I am
eager to work toward these goals. I am currently volunteering my efforts to help organize and promote
this year's Bike Swap. I have been attending Bicycle & Pedestrian Commission meetings, learning about
the programs that exist and those that are in the development process. I'd like to be more directly
involved and hope that you see my experience and skill as useful to the commission.
I have not included my outdated resume. For the last 8 years I have been a stay at home home
schooling mother, activist, community volunteer and self-employed craftsperson.
I thank you for your consideration.
Sincerely,
Tracy Bungay
CC:
<christeb@ashland.or. us>, <berteauf@ashland.or. us>
Nov. 3,2003
City of Ashland
Ashland, OR 97520
Hello:
I am submitting an application for the open volunteer position on the Bicycle and
Pedestrian Commission. I have attached brief resume' material, and I want to add a few
comments to give you more information, for evaluation purposes.
I am a frequent cyclist, and a pedestrian. I find myself increasingly using both modes of
transportation, for errands and for health and pleasure reasons. I have used bikes most of
my life, for delivering papers as a kid, racing a little in college, and daily commuting to
SOU.
Next, I have a deep interest in the development of riding/walking as components of sound
transportation in our emerging world. I think Ashland, my home for 30 years, has a nice
opportunity to help lead the way in green, healthy transportation choices.
I am also interested in electric vehicle use. I used my last sabbatical leave (2000-2001) to
study transportation, focusing on EVs and high speed rail. Trying to see the future, and
trying to help shape it a little are natural outcomes of this part of my professional work.
Effective, safe, enjoyable transportation is one of the hallmarks of a successful society. I
would like to work with you to help contribute, infinitesimally perhaps, to our success.
I am formally semi-retired from SOU, where I have been a physics professor for 19
years. I have taught several energy & environment classes.
Sincerely yours,
Tom Marvin
499 Iowa St.
482-5310 or 552-6488
CURRICULUM VITAE:
Physics Department
Southern Oregon University
Ashland, Or 97520
History:
TOM MARVIN OCTOBER, 2003
SOU Physics, since 1984. Professor: 2000; Associate Professor: 1993; Assistant Professor:
1988.
Education: PhD, Experimental Sub-atomic Physics, Indiana University, 1971
Previously:
Associate Professor (visiting), Stanford University, 1994-95.
Summer Research, Indiana University Cyclotron Facility, 1987-88.
Physics Lecturer/Instructor, SOU, 1984-1987.
Independent solar energy (photovoltaics) applications, 1981-1984
Manager of Academic Affairs, Computer Center, SOU, 1976-1981.
Physics Instructor/Head of Sciences, Greengates Academy, 1974-76
Research Associate, Indiana University, 1971.
Research Associate, Texas A&M Cyclotron Laboratory. 1969-70
Currently:
Post-retirement (2003 to 2006): General Physics (calculus-based); basic research.
Pre-retirement: Teaching: modem and general physics, advanced labs, analytical mechanics,
conceptual physics, energy/environment, quantum mechanics, nuclear and particle physics.
Research: Particle physics, cosmic ray muon flux analysis & detectors; solar energy &
conservation interests.
Some Salient Publications and Presentations:
A. Prinz, et al, (SLAC Milli-Q Collaboration) Search for Millicharged Particles at SLAC, Phys.
Rev. Lett, 81, 1175(1998).
K. Abe, et al, (El 54 Collaboration), Measurement of the Neutron Spin Structure Function g2n
and asymmetry A2n, Phys. Lett. B, v.404, no2-3,377-82(1997).
K. Abe, et al, (El 54 Collaboration), Precision Determination of the Neutron Spin Structure
Function gin, Phys. Rev. Lett., 79, 26(1997).
T. Marvin, The Interior of the Neutron (E154 at SLAC), SOU Faculty Research Symposium,May
1996, Ashland, OR.
T. Marvin (SLAC Milli-Q Collaboration), Single Photoelectron Noise Reduction in Scintillation
Detectors, IEEE Nuclear Science Symposium,
Nov. 1995, San Francisco; Conference Record of IEEE NSS.
T. Marvin, Particle Physics without Accelerators, Pac. Northwest Assoc. of College Phys. Conf.
on UG Laboratories, (April 1993), Portland.
T. Marvin, Locating the Sun with Spherical Coordinates, Oregon AAPT Conf., (Oct. 1991),
Grants Pass, OR.
From:
To:
Date:
Subject:
<DFWi@aol.com>
<berteauf@ashland.or. us>
03/19/2004 2:24:58 PM
Planning Commission
Following a conversation last evening with Alan DeBoer, I'd like to express
interest in serving on the Ashland Planning Commission. I understand that
today, March 19, is the deadline for applications.
As you know, I have served for several years on the Citizen's Budget
Committee, and would like to complete my term in that capacity. I am not associated
with any building contractor, architectural firm, or other business that could
conceivably have an interest in Ashland construction.
If appointed, I would try to serve in a manner that I believe is in the best
long-term interest of Ashland and its citizens. I have no particular
ideological ax to grind, but it is fair to say that I would tend to oppose new high
density residential projects other than those that might be required by Oregon
law. I believe that Ashland already has more high density residential
developments than are consistent with the historical beauty and ambience of the town,
not to mention street capacities and other infrastructure limits. Examples of
such developments for me would be the recent construction at North Main and
Maple, the new housing on North Mountain, and the development adjacent to the
proposed "Billings" golf course project.
Sincerely, David F. Williams, 1023 Morton Street, Ashland, Phone 482-6395
CC: <Awdb@aol.com>
t
To Whom It May Concern,
I would like to serve the community of Ashland through participation as a member of the
Budget Committee.
I think that my previous training as a mathematician and engineer provided me with a
firm grounding in analysis and a facility with numbers.
In addition, throughout my professional career I have been engaged in the development
of new products within large corporations and as the co-ibunder of start-up companies.
The latest is a very successful online company in which I was the CEO and COO.
Over the last four years I have been involved in consultative roles for many small
businesses in which I focused on evaluation of how well present and projected budgets
reflected goals set forth by the companies.
Attached is an abbreviated list of my previous professional activities.
Allen Douma, MD
Syndicated Health Columnist, Tribune Media Services, 1997 to present.
Health Communications and Business Development Consultant, 1999 to present.
CEO, COO and Co-founder, Health ResponseAbility Systems Inc., 1993-99, an online
health communications company.
Medical Director, Health Benefits Division, The Hartford Insurance Company, 1992-93.
Medical Director, Disability Services, The Travelers Insurance Company, 1991-92.
Medical Director and Informed Care Product Manager, The Center for Corporate Health -
a subsidiary of The Travelers Insurance Company, 1989-91.
Co-founder and Medical Director, Options & Choices (a health communication
company), 1986-89.
Associate Professor of Continuing Medical Education, The George Washington
University Medical Center, 1983-86.
Medical Editor and New Product Development Manager, The Medical Tribune and
Hospital Tribune (medical professional newspapers), 1982-83.
Associate Director of Health Education, American Medical Association, 1979-1982.
Allen Douma, MD
83 Granite Street
Ashland, OR 97520
488-8877
aldouma@aol.com
From:
To:
Date:
Subject:
<DEMANNION@aol.com>
<christeb@ashland.or. us>, <Awdb@aol.com>
03/18/2004 3:47:29 PM
Application
Please consider my application as a member of the City Planning Commission.
Thank you
Doris Mannion
tkf'
PO Box 3194 ~ Ashland OR 97520 ~ www. lithiaartsguilcLorg t):~' ~ ;~
Dear Mayor DeBoer,
: am writing this letter to convey my request for consideration as an Ashland Arts Commissioner.
~m the current chairman and founder of the Lithia Arts Guild, and founder and former chair of the
Lithia Artisans Market of Ashland. In this capacity, I have worked to establish and maintain both
organizations, giving me valuable experience in community development and relations.
In 1997, immediately following the New Year's Day Flood, the Artisans Community authorized me as
their direct liaison between themselves and the greater community of Ashland. I became intimately
involved in the process of rebuilding the front lawn of Lithia Park, the Windburn Way Bridge, Calle
Guanajuato and Bluebird Park; submitting numerous worksheets and essays to Parks and architects,
as aids in finalizing the Master Plan. On completion of Phase I of the Calle Guanajuato Master Plan, I
continued to work toward the completion of Phase II.
With the start of work on Phase II of the Master Plan, the Artisans Community began taking a lead-
ership role for the Greater Community. First by focusing attention through the vehicle of a fund
raising event, our Rug Auction raised ;~16,ooo and provided impetus for the development of the
plan itself. After consulting with the Artisans Community, networking with local groups (including
a budding Arts Commission), and various individual artists; a plan was submitted to Parks calling for
a Sculpture Garden and Gathering Area, in the location of the stairway coming down from Granite
Street. The plan, with expected minor changes, was adopted by the Parks Commission. Excitement
and interest have been building around the project ever since.
When the call for Commissioners was advertised, with the original formation of the Commission, I
was concerned that my pogition as chairman of Lithia Arts Guild and my intimate connection to the
Sculpture Garden project, would constitute a conflict of interest. In pursuing the project with the
Commission (I have attended 4 regularly scheduled meetings and several committee meetings) I
have come to understand that what I perceived as a conflict is only marginal. In that I have attended
these meetings, I am also current with the issues facing the Arts Commission. The dynamics of com-
munity evolution is my continuing interest, and I would be honored to serve the Community of
Ashland as an,A~ts COmmissioner. -
chair: Lithia Avt~/uild
Jennifer Longshore
2388 Abbott Avenue
Ashland, OR 97520
(541) 482-5496
The City Recorder
City Hall
20 E. Main Street
Ashland, OR 97520
December 12, 2002
To Whom This May Concern:
I am interested in serving as a volunteer member of the Public Arts Commission. I have
lived in Ashland for over two years and have been proud of the community's varied
interest in the arts. The formation of the Public Arts Commission is an exciting
foundation from which the citizens of Ashland can actively serve in preserving and
.developing art for the broader public.
As my resume demonstrates, I have a Masters Degree in the History of Art and have been
teaching Art History for over five years. I have had the pleasure of teaching at Southern
Oregon University since 2000. I feel blessed to be teaching in this culturally rich
community.
Please consider my application to serve on the Public Arts Commission. As a
commissioner, I feel that I could make a positive contribution to our community.
Thank you for your consideration.
Jennifer Longshore
JENNIFER G. LONGSHORE
2388 Abbott Avenue
Ashland, OR 97520
(541) 482-5496
Email: longshoj @sou.edu
EDUCATION
Master of Arts--Art History, University of California, Davis, 1991-97
Thesis: Mary Cassatt's Modern Woman: Impressions of Progress
Bachelor of Arts--Art History & Humanities, Magna Cum Laude, California State
University, Fresno, 1987-91
ACADEMIC EXPERIENCE
Lecturer, Art History, Southern Oregon University, 2000 - present
Courses Taught
· History of Art - Renaissance to Present
· History of Art- Prehistoric Art through Gothic
· Race, Gender and Ethnicity in Art
· History of American Art
· Art and Music 20th Century to Present
· Art Theory and Criticism
· Research and Writing About Art (Spring 2003)
Instructor/Program Coordinator, Art History and Applied Arts, The Advertising Arts
College, San Diego, 1997-1999 Courses taught~
· Applied Arts Survey
· Post Modem Arts Survey
· Fine Arts Survey--prehistory to Renaissance
· Fine Arts Survey--Mannerism to Modernism
Teaching Assistant, Art History Department, UC Davis, 1992-93
Courses as Teaching Assistant:
· Art in the Age of Revolution
· Baroque and Modem Art
· Medieval and Renaissance Art
· Ancient Art
ChairPerson/Member, Art Advisory Board, CSU, Fresno, 1988-91
PROFESSIONAL EXPERIENCE--MUSEUMS
Volunteer, Mingei International Museum of World Folk Art, San Diego, 1995-96
Volunteer, Hands on Art Program, Crocker Art Museum, Sacramento, 1992
Docent, Community Outreach Program, Fresno Art Museum, 1989-90
Assistant to the Registrar, Internship, Fresno Art Museum, 1989
PUBLICATION
Longshore, Jennifer G. "Posada's Images and Mexican Self-Realization," in Popular
Art--Essays on Urban Imagery. UC Davis Art History Collaborative Series jointly
with E.B. Crocker Art Museum, 1992, pp. 20-23.
PROFESSIONAL AFFILIATIONS
College Art Association
ADDITIONAL EDUCATION
Abstraction Workshop, The Museum of Contemporary Art, San Diego, 1998
OTHER EMPLOYMENT/ACTIVITIES
Parent Volunteer, Walker Elementary School, Ashland, OR, 2001-present
Program Coordinator, UCSD Cancer Center, La Jolla, 1995-97
Technical Writer, Student Development, San Diego City College, 1997
Volunteer, San Diego Foundation for Change, 1995-96
Student Instructor, Music Department, Sacramento High School Visual and Performing
Arts Centre, 1993-94
Assistant to the Director, Orientation and Transition Services, CSUF, 1990-91
Director of Public Relations, Associated Students, Inc., CSUF, 1989-90
i~ APR ! ~ 2004
~Y
Noal Preslar
730 Alaska Street
Ashland, Oregon 97520
(541) 488°5839
Professional Experience
Counselor, Azalea Middle School, Brookings, Oregon
Counselor, Harrisburg Elementary School, Harrisburg, Oregon
Counselor, Hanshew Junior High School, Anchorage, Alaska
1995 - 1998
1994
1984-1993
Counselor, Service-Hanshew Secondary School, Anchorage, Alaska 1974-1984
Social Studies Teacher, West Anchorage High School, Anchorage, Alaska 1968-1973
Teacher, McLaughlin Youth Center, Anchorage, Alaska, 1969-1970
Education
Master of Science, Western Oregon State College, Momouth, Oregon 1974
Counseling/Education
Bachelor of Science~ Southern Oregon State College, Ashland, Oregon 1968
Major in Social Science/Secondary Education
Post Maters Graduate Training, University of Oregon, Eugene, Oregon 1976-1977
Counseling/Psychology
Certification
Oregon
Counseling K-12 - Current
Teaching Secondary Social Science
Alaska Counseling Ko12 1974-1994
Teaching Secondary Social Science 1968-1994
Extra - Curricular Activities
West Anchorage High School
Assistant Football coach 1968
Assistant Wrestling coach 1968-19 73
Class Advisor 1968-1973
Service Hanshew Secondary School
Head Girls Cross Country Running Coach
Head Wrestling Coach 1974-1987
Head Girls Soccer Coach 1977-1990
Assistant Track Coach 1974-1976
1974-1976
Past and Present Professional affiliations
Oregon School Counselor Association
Oregon Education Association
Brookings-Harbor Education Association
National Education Association
Alaska Education Association - State Delegate Assembly Representative 1978-1979
Alaska School Counselor Association - Executive Board 1983-1985
America Personnel and Guidance Association
Mayor Alan DeBoer
City Hall
20 E. Main St.
Ashland, OR 97520
Jan 20, 2004
Dear Mayor DeBoer °
Mary O. Pritchard
.-~', ,..'P.O. Box 3475
Ashland, OR 97520
I am writing this letter to express my interest in being appointed to the Ashland Tree
Commission, should a vacancy arise. I am currently attending the meetings as a member
of the public.
I have a degree in horticulture from Edmonds Community College, Lynnwood, WA, and
have worked in the horticulture field for the past ten years prior to moving here from
Seattle in May, 2003. I specifically completed course work preparatory to certification as
an arborist. Though I chose not to pursue certification, this education strengthened my
commitment as a landscape designer and nursery person to ensure that good tree care
begins with choosing the right tree for a given site. I also gained a stronger appreciation
for the care required in the establishment and protection of trees in the stressful
conditions of the urban environment.
I am familiar with many of the trees in Ashland and I am very impressed by their variety
and size, as well as the extent of canopy cover they provide. They are a marvelous and
extremely valuable asset to t}~is city. I would welcome the opportunity to contribute to
their care.
Sincerely,
CiTY OF
, SHLAND
Council Communication
Title:
Dept:
Date:
Submitted By:
Approved By:
Ratification of labor contract between the City and Ashland Police Association
Administration
April 20, 2004
Tina Gray, HR Manager
Gino Grimaldi, City Administrator.
Synopsis:
The City has been involved in negotiations with the Ashland Police Association since their contract
expired June 30, 2003. The bargaining process got off to a slow start with a change in representation for
the bargaining unit, and a change in the City's bargaining team. Despite a long bargaining period, both
parties were able to reach middle ground outside of mediation or arbitration. The City has reached a
tentative agreement with the Association, and staff is now recommending final ratification of the
agreement by the City Council.
Recommendation:
Staff recommends thc Council authorize thc City Administrator to sigr~ the labor contract, ratifying the
tentative agreement reached in negotiations.
Fiscal Impact:
The agreement calls for retroactive pay increases of 2% to be applied to the current wage schedule for
the months of July 1, 2003-January 1, 2004, and a 2% increase retro from January 1, 2004 to present.
Staff had budgeted for a 3% increase in 2003, so the first contract year amounts to an increased cost to
the city of $13,976.89. The new agreement requires a 5% employee contribution for health insurance,
which will help offset the increased salary cost. Under this agreement police officers will be eligible to
set aside pre-tax dollars for qualifying health care expenses in the City's Flexible Spending Account
program. Participation in this program will generate payroll tax savings for the employees and the city
in this and future years.
The new contract also calls for an improvement to the certification pay incentive for officers who have
obtained intermediate and/or advanced certification from the Department of Public Safety Standards and
Training (DPSST). This improvement is necessary to bring the Ashland in-line with the average
certification pay offered in comparator jurisdictions. Currently 5 officers possess intermediate
certification, and 6 possess advanced certification. The improvement to certification pay represents a
cost of approximately $36,587.16 over the three-year contract based on current bargaining unit
composition. The certification incentive is an investment in officers who possess the education and
experience we want to have in our department, and it will enhance the City's ability to recruit and retain
qualified law enforcement officers by offering a competitive wage & benefit package.
The 2"a and 3rd years of the contract call for a 3% increase on July 1st' which have already been projected
into the budget and will not have any fiscal impact.
Background:
The City received notice that the Ashland Police Association would be decertifying from the Teamster's
Union early in the spring of 2003. They selected the law firm of Garretson, Goldberg, Fenrich & Makler
to represent their interests. A~er two formal bargaining sessions, we had cleaned up contract language
and were down to only the economic issues of wages, insurance, and certification pay. The Association
hadn't relied as heavily on comparator data as the City had, so they took some time to have a data analyst
look at total compensation of comparators. When their data was ready a third bargaining session was
scheduled to exchange updated wage proposals. At this time the City had reached a tentative agreement
with the Ashland firefighters so the Police submitted a wage proposal that modeled closely after the fire
agreement. When the City reviewed our updated comparator data, including settlements for Newberg and
Redmond, our computations support the wage proposal brought forward by the Police Association with a
5% cost share on insurance. Overall, this package positions the police fairly among statutory-driven
comparators, gives them incentive to achieve certification with the department, and provides refined
contract language that clarifies current practice.
CiTY OF
-ASHLAND
Council Communication
Title:
Dept:
Date:
Submitted By:
Approved By:
Strawberry Lane Property Partition - Proceeds of Sale to fund Housing Trust
Fund: Update on Planning Process
Planning Department
April 20, 2004
John McLaughlin, Director of Comm~)y Development ~
Gino Grimaldi, City Administrator q/ff~
Synopsis:
On January 6, 2004, the City Council, at the request of the Housing Commission, directed Staff to
prepare an application fbr a minor land partition for the city owned property at the top of Strawberry
Lane. After approval of the partition, the property would be sold and the proceeds would be used to
fund an Affordable Housing Trust Fund as well as offset previous CDBG funds assigned to the Grove.
An application was submitted, approved administratively in March, 2004, and a timely request for a
public hearing was received from an affected property owner. The hearing was scheduled for April 13
in front of the Hearings Board. However, prior to the hearing, I requested that the action be postponed
to allow the City Council, as the applicant, to review the concerns raised by the neighbors and provide
additional direction to staff.
As presented to the Council in January, the property is 2.09 acres in size and zoned RR-.5. The property
was proposed to be partitioned into three parcels, with one parcel able to be further split after 12 months.
The ultimate development of the property would be for four approximate one-half acre parcels.
Attached are two letters from the Concerned citizens in the upper Strawberry Lane neighborhood. From
the letter of March 30, 2004 come the following concerns (with staff response following in bold.)
It appears that the City is proposing to ultimately divide the property into four parcels, but
this was not indicated on the notice. The City stated previously that they would only create
three parcels on this site. We request that the partition only be approved for three parcels.
In 1996, the City prepared a draft neighborhood plan for the area, after spending a
substantial amount of time working with the neighborhood. One of the recommendations
of the plan was to rezone the property from RR-.5 to RR-1, or one acre lot sizes. Due to
disagreements within the upper and lower neighborhood, the plan was never adopted.
Further, initial discussion with DLCD indicated that they would not look favorably on
downzoning urban properties to a one-acre minimum lot size, especially given the relatively
flat slopes and proximity to downtown. While they did empathize with the City's wildfire
concerns and traffic issues, they could not agree with the downzoning. Staff then continued
to work with the neighborhood on a voluntary approach. The developers on upper
Strawberry continued to work towards an overall density of one lot per acre (compared to
the 1.2 units/acre based density of the RR-.5 zone), however, individual lots would vary in
size, and the dedication of streets and open space would not diminish the overall density
allowed. Even with this approach, the ultimate development proposal was very
controversial, and ended up on appeal to both the City Council and LUBA. The City's
decision to approve a 25 lot subdivision on upper Strawberry was ultimately upheld by
LUBA.
Review of the original draft neighborhood plan shows a table that indicates if the entire
study area had been rezoned to RR-1 rather than RR-.5, the density would have been
reduced from 91 to 71 units. As it has developed without rezoning (including properties
outside of the immediate upper Strawberry neighborhood), and if the City's property and
the adjoining property to the north develop at 4 parcels each, the total development would
be 75 units, and clearly within the intended development pattern of the draft neighborhood
plan.
Attached is a map showing the currently approved subdivision of the surrounding
properties, which include some open space areas (related to steep slopes and natural
drainages - generally unbuildable areas) as well as new streets and access drives. Also
included are the lot sizes for those surrounding properties. As shown, the majority of these
properties vary in size from 0.28 acres to 0.79 acres, with most falling around the 0.4-0.6
acre size.
The City's proposal is to ultimately create four 0.5 acre parcels on the 2.09 acre property at
the corner of Strawberry and Westwood.
And similarly to the developers, the City has participated in the development of
neighborhood open space. The City has purchased and provided over 35 acres of open
space in the immediate vicinity of upper Strawberry Lane, including the 11.66 acres across
Westwood Street and west of the subject property; 19.8 acres at the top of Strawberry
knoll which is now known as the Strawberry-Hald property, and 5.67 acres that allows
connection for the neighborhood to the ditch trail. The City has made a substantial
contribution to the neighborhood in the provision of this open space, with the ultimate
development density being approximately four lots on 37 acres. Without these purchases,
even assuming a one acre density, there would have been an additional 35 homes developed
in the neighborhood.
2. Notice was only mailed to 443 Strawberry, and nO notice was posted on the property.
Notice was provided in accord with the requirements of the land use ordinance. The
attached map and mailing list shows the properties notified of the action. The notice areas
are generated by a computer program that creates a 200' buffer around the subject parcel
and identifies all parcels within that buffer area. Four different property owners were
notified of the action. Notice was posted on the site at the time of initial application by the
Planning Staff. However, that notice was either damaged or removed. We have re-posted
the property with a notice and will attempt to maintain the sign during the notice period.
The notice area can also be increased from the standard 200 feet to include additional
properties.
There are no CC&R's proposed, landscaping plans, building envelopes or other standards
required of the adjoining subdivisions. This could result in financial and non-financial
consequences for the surrounding property owners.
CC&R's are only required by the City for the maintenance of open areas as required
under the Performance Standards for subdivisions. There is no open space required by
ordinance as part of this application, and further, the City has already dedicated over 35
acres of open space in the immediate vicinity which is under the maintenance of the Parks
and Recreation Department. Landscaping plans are only required for open spaces, and not
for individual parcels. Street trees have been required as a condition of approval of the
project. Building envelopes are not required for minor land partitions. The Council could
ask that Staff prepare building envelopes for these parcels. However, given the relatively
benign slope of the property, lack of significant natural features, standard setbacks
required by the RR-.5 zone, and the 20% lot coverage maximum, we do not believe they
are necessary.
We find it difficult now to be presented with a situation wherein a new intrusion is "shoe
homed" into our space without discussion with the neighbors who were so involved with the
existing neighborhood that was so carefully planned and executed at great expense.
Staff concurs that the area was planned and executed at great expense. It was through the
use of this neighborhood process that .the City was able to work with the property owner
and acquire the almost 20 acre StraWberry-Hald property. The City expended tremendous
resources for staff time working with the neighborhood on street improvement issues.
Further, the City has financially participated in excess of $450,000 in the formation of the
Strawberry / Alnut / Scenic / Westwood LID. We have been a partner throughout this
process, providing open space, design assistance, and financial support which allows for the
ultimate development of the area. Given the development in the area immediately
surrounding tile City's property, the 0.50 acre parcels proposed are compatibly designed to
the existing neighborhood fabric proposed by the neighboring property owners.
The neighbors further believe that the City is proposing this land division to optimize
financial gain. In fact, that is exactly what the staff is proposing, while maintaining
compliance with all ordinances and compatibility with the neighborhood. The "i~mancial
gain" of this land sale will be going directly to address the needs of affordable housing in
the community. It is recognized that this land is not appropriate for the densities needed
for affordable housing, so rather than trying to create an incompatible development
pattern, it is in the City's interest to sell the property and maximize the return for the
benefit of affordable housing for the entire community.
A recent property sale of a lot adjacent to the City's showed a sale price of $360,000 for a
0.67 acre parcel. To follow the request of the neighbors and create parcels of
approximately 0.70 acres in size would address their immediate concerns, but would
shortchange efforts to address affordable housing by over $300,000.
Since the property is ultimately being divided into four parcels, the City may require a
development plan and compliance with all subdivision regulations, CC&R's, and landscaping
plans.
As stated previously, there is no open space directly associated with these parcels, so no
CC&R's or landscaping plans are required by the City. The City does not require
CC&R's for the purpose of controlling architecture, only for ensuring maintenance of open
space. Architectural control is the choice of the developer. It is our opinion, given the cost
of these parcels, lot coverage standards, and height requirements, the development will be
appropriate to the neighborhood without specific CC&R's. Full compliance with the City's
subdivision ordinance would end up creating lots larger than those found in the immediate
vicinity, and reduce the financial support to affordable housing for the community.
Recommendation:
The Council has received the request of the Concerned citizens of the upper Strawberry Lane
neighborhoods, and their request to reduce the total number of lots developed on the City's property to
three. Further, they are requesting that the City attach CC&R's to the property, as well as landscaping
plans and building envelopes. Staff disagrees with the request and believes that the Council's initial
direction to create four parcels on this site is appropriate and in conformance with the land use
ordinance.
However, the Council, as the applicant, may choose to modify the request as dee[ned appropriate, based
upon citizen input.
Attachments:
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
1: Vicinity Map with lot sizes for surrounding parcels
Shaded area indicates city purchased open space lands
2: GIS Map of Notice Area with notice list
3: Notice Map mailed to properties on notice list
4: 03.30.04 Letter from Concerned citizens
5: 04.12.04 Letter from Concerned citizens
6: Council Communication - January 6, 2004
7: Vicinity Map
8: Proposed Lot Partition
9: Neighborhood Map with Proposed Partition
10: Survey Map
11: Council Communication - November 4, 2003
12: Council Meeting Minutes - November 4, 2003
4.71
Openspace
19.82
1.03
City Purchased Openspace
0.79
2.02
City Purchased
-- Openspace
5.67
9,21
4.62
4.08
1.25
1.15
property lines provided f~ ~tifica§o~ only, no{ scaleabie.
Lot Acreage in the RR-.5 Vicinity . -'wcwr ~:[4oo,
2004-031
AShLanD CI~ OF
20 E ~P~ ST
97520
391E08AC101, PA#2004-031
HWOSCHINSKY PAUL TRUSTEE
443 STRAWBERRY LN
ASHLAND, OR
97520
391E08BD200, PA~2004-031
JAMES ROBIN
521 N MAIN ST
ASHLAND, OR
97520
391E08AC200, PA#2004-031
KNECHT ALEXANDER
PO BOX 3209
ASHLAND, OR
97520
391E08BD101, PA#2004-031
TRY-W GROUP LIMITED PARTNER
100 S E CRYSTAL LAKE DR
CORVALLIS, OR
97333
The Ashland Planning Department preliminarily approved this request
on February 18, 2004. This action will ,~ ~viewed by the Ashland
Planning Commission Hearings Board al ) p.m. on Mamh 9, 2004
at the Ashland Civic Center, 1175 East Main Street, Ashland, Oregon.
No.public testimony is allowed at this review.
Any affected property owner or resident has a right to request, AT
NO CHARGE, a public hearing before the Ashland Planning
Commission on this action.
To exercise this right, a WRITTEN request must be received in
the Planning Department, 51 Winbum Way, prior to 3:00 p.m. on
March 1, 2004. The written request for the public healing must include
your name, address, the f'de number of the planning action and the
specific grounds for which the decision should be reversed or modified,
based on the applicable criteria. If you do not SPECIFICALLY
REQUEST A PUBUC HEARING by the time and date stated above~
there will be no public testimony permitted.
If you have queslJons or comments concerning this request, please feel free to contact
Susan Yates at the Ashland Planning Department. at 541-552-2041.
If a headng is requested, it will be scheduled for the tollo~ng month.
Unless there is a ~ 'quance; if a participant so requests before the
conclusion of the, lng, the record shall remain open for at least
seven days after the headng.
The ordinance criteria applicable to this application are attached to this notice. Oregon
law states that failure to raise an objection concerning this application, either in person or
by letter, or failure to provide sufficient specificity to afford the decision maker an
of Appeals (LUBA) on that issue. Failure t3 specify which ordinance criterion lhe ~
is based on also precludes your ~ght of appeal to LUBA on that criterion. Failure of the
applicant to raise constitutional or other issues relating to propesed conditions of approval
with suffictont specificity to allow this Commission to respond to the issue precludes an
action fo~ damages in circuit court.
A copy of the apclication, all documents and evidence relied upon by the applicant and
applicable criteria are availal:4e for inspection at no cost and will be provided at
reasonable cost, if requested. A copy of the Staff Rep(xt will be available for inspection
seven days prior to the headng and will be provided at reasonable cesL if requested. All
materials are available at the Ashland P[arming Deparlment, Community Development
and Engineering Services, 51 Winbum Way, Ashland, Oregon 97520.
Our TrY phone number is 1-800-735-2900.
II
STRAW B~.RR¥ L.N
N
PLANNING ACTION 2004-031 is a request for a Land Partition to divide an existing lot into three parcels, for the
property located at the corner of Strawberry Lane and Westwood Streets. Comprehensive Plan Designation: Rural
Residential; Zoning: RR-.5; Assessor's Map #: 39 1E 08 BD; Tax Lot: 100.
APPLICANT: City of Ashland
3-30-04
MEMO
TO: Ashland Planning Commission
Ashland City Council
Mayor of Ashland
FROM: Concerned citizens in the upper Strawberry Lane neighborhoods
Dear friends,
As you may know, a public heating has been requested in order to speak to a proposed
minor land partition (planning action 2004-031) on a two acre parcel opposite Birdsong
Loop. This parcel is currently owned by the City of Ashland. Apparently, the decision
has been made to sub-divide, develop or sell off this asset as individual lots as a way to
optimize the financial gain for other City programs. Many of the neighbors of these
prospective lots have serious concerns regarding the City's actions. In brief, these
concerns are as follows.
1) In its mailed action notice, it appears that the City intends to subdivide its two-
acre parcel noted above into three parcels. What is not stated in the planning
action notice is the City's apparent intention to then split lot # 3 into two lots
(after the necessary 12 months time) to create four saleable sites. If this was City
intention, why was this intent omitted from the notice? Early on, the City stated
that they were only going to present three lots and thus come close to the areas
new voluntary 1-acre minimum as a way to preserve this remarkable area and
limit traffic downstream Onto Strawberry, Westwood, and Grandview. If this is
not the City intention, then we ask that the approval of this minor land partition be
conditioned upon only three lots being created as shown on the City's own map as
circulated.
2) Notice was ONLY sent to address 443 Strawberry. Why was this notice not sent
to ALL members of this effected neighborhood? Why did the City not post notice
on the property advising everyone of City intentions? These two acts are required
by City ordinance. Why, then, has the City, as an apparent land developer, not
followed its own requirements for other land developers?
3) Were the City to move forward as planned, there would be no CC&Rs, no
landscaping plans, building envelopes, and other standards as required for the
development of the adjoining subdivisions. Quite apart from what is "legal" for
the City to do, this "rolling subdivision" would be damaging to property values
3)
in this area, AND, to how we experience our neighborhood. That has both a
financial and non-financial consequence for us.
The City must be reminded that they required what turned out to become a ten
year approval process for the newly approved subdivision of Strawberry
Meadows in this area. Not only were there lengthy hearings and appeals before
the Planning Commission, City Council, and LUBA, but there was a period of 18
months preceding all of this when the greater neighborhood met weekly with the
City Planner at the City's request. The intention was clear. We all sought honest
involvement in how best to plan a new emerging neighborhood. To that end, a
100 page brief was written by the Planning department staff and presented to the
City Council.
We find it difficult to now be presented with a situation wherein a new intrusion
is "shoe homed" into our space without discussion with neighbors who were so
involved with the existing neighborhood that was so carefully planned and
executed at great expense.
Accordingly, we respectfully ask that the City of Ashland adhere to its own planning
guidelines and its past experience of managing through community consensus. Clearly,
the City could make more money with greater speed by ignoring local inputs and
bypassing its very own procedures. Please know that there is a great deal more to
managing any city than by simply optimizing financial gain.
Our suggestion:
Therefore, lets all take a step back and look at this action within the context of this
established and emerging neighborhood and create a master plan for this City property.
1) Condition approval of this minor land partition on three (3) lots being created.
2) Create a set of CC&Rs in keeping with what we all have created in the area.
3) Plan for landscaping equal or better to that which is now in place in recently
approved adjoining subdivisions.
4) Establish building envelopes on each of the parcels.
5) Deal with irwe prevention in the watershed by requiring sprinkler systems.
6) Etc.
Given the voluntary one acre density for the vast majority of land in the area, we would
ask that the City conform with what is presently in place. Its parcel, being 2 acres,
suggests two lots, not three or four that are suggested. However, we would accept a
maximum of three. The apparent intent of a "Tolling subdivision" to create four lots is
setting a bad example. How can the City adopt a "do as I say, not as I do" policy? In
the future, how will other private sub dividers be persuaded from doing precisely what
the City is doing? This is a dangerous precedent.
In our opinion, the City of Ashland should play close attention to this neighborhood's
needs and comply with other non-financial considerations such as community and
neighborhood well-being. This is a pristine area. Adjoining property owners have
invested heavily in time, new roads, landscaping, sidewalks, and engineering studies at
their own expense to develop a space that was conducive to living on this remarkable
high alpine bench. The area's non-financial attributes drive financial values. Ignore these
attributes and values decline.
Conclusion:
Finally, it is difficult for us that this City, for maximum financial gain, does not follow
the same rules for land development that it required of other land developers in this very
neighborhood. This is an integrity issue and must be addressed. In effect, the City is
operating outside of its own development policies. In setting a different standard for its
own actions over that which the rest of us must adhere. Clearly, this would not build trust
in the governing authority of Ashland.
We ask that you direct the Planning Staff to begin a series of meetings with neighbors to
seek the same quality of community input that was asked of us when this very
neighborhood was being developed ten years ago.
Thank you all for yot~w)l(mgness to listen to real concerns.
///
Signex~, ~Nei~ o~trawberry Meadow s
Margaret Brown Olsen
Alex Knecht . /~ ~ ~7
4-12-04
TO: Ashland Planning Commission
Ashland City Council
Mayor of Ashland
MEMO
APR 1
FROM: Concerned citizens in the upper Strawberry Lane neighborhoods
Further to our letter re: planning action 2004-031) on a two acre parcel owned by the
City opposite Birdsong Loop.
Lack of City compliance with section 18.76.070 requiring notice to all land holders
within 200 feet was not followed. Neither was subpart B of 19,108.080 requiring written
notice to be posted. A notice was put in place the last day a heating could be requested
but ONLY in response to our taking responsibility to question why posting had not
occurred in the first place.
Further, the City also seems at variance with its very own 18.76.080 ruling about further
lot division. It is clear from City Council meetings and with current conversations with
city officials, that the City fully intended to subdivide its 2 acre parcel into 4 lots.
Please note the actual language of 18.76.080;
"When the lots of a partition can be further divided, the Planning
Comminsion may require a development plan for the tract of land. If the
Planning Commission determines that an area or tract of land has been
or is in the process of being divided into four (4) or more lots, it
can require full compliance with all Subdivision regulations."
This is clearly the case here. Note that the'first sentence is triggered only by the
possibility that further division can occur. We do not have to prove a 4 lot intent in this
case. That is abundantly clear from recent talks with City officials and from City Council
meetings. Four lots are what the City wants. Accordingly, the PC can force' c6mpliance
with full subdivision requirements and require a full development plan. This means
CC&Rs, landscaping plans, et al.
Worst case, we request that the PC force this requirement in this instance. The "rolling
subdivision" (apply for 3 lots now and then divide the third lot into two a year later)
should NOT be allowed. The notice sent out shows only three lots and hides the intent to
develop 4 lots!
Finally, in looking at the City file, the Planning Dept report acknowledged neighborhood
concerns over "the City's electing to applying for a partition verses that of
,44 c#m' r ,5
subdividing the property through a subdivision process." The Staff went on to say
that "concerns over potential problems with a "rolling subdivision" ( where
property is partitioned multiple times) are valid concerns."
Then, the City states "for this reason (stated above) the Commission can require an
applicant provide a masterplan of the parent parcel to evaluate how the proposed
partition would effect future development."
However, our grievances go well beyond the above. As the initial letter of 3-31-04
pointed out, the City required weekly meetings for 18 months before application for
Strawberry Meadows was made'- never mind under review. The latter took 10 years
more!
The St Meadows developers were willing to give up the far more profitable 1/2 acre
zoning in favor of 1 acre zoning as a way to preserve the quality of this neighborhood.
We ask that the City do the same to comply with the nature of this new neighborhood. By
not doing this, they reach for maximum profit as land developers of public land at the
expense of those of us who gave up profits to create and preserve the quality of this
neighborhood. The City, therefore, is trading on the quality we created at our expense as
public land developers!
We ask that the Commission roll back the City's reach for a fourth lot AND comply with
subdivision rules. This is land owned by all of us. The City puts itself in a curious ..
position as a subdivision developer of public land.
We thank you for thoughtfully taking time to read our memos and giving them
consideration.
Sincerely,
~/ ~g subdivisions,
Note: there is simply not lime to gather further signatures at this point but please know that this letter does represent
total community concerns.
CITY OF
, SHLAND
Council Communication
Title:
Dept:
Date:
Submitted By:
Approved By:
Update on Strawberry Lane Property
Planning Department
January 6, 2004
John McLaughlin, Director of Community Development
Gino Grimaldi, City Administrator
Synopsis:
On November 4, 2003, the City Council directed staff to begin efforts to partition and sell the Strawberry
Lane property, with the proceeds fi.om the sale going to the establishment of the Affordable Housing Trust
Fund, while also addressing the need to perhaps buy out the CDBG funds in The Grove.
Attached is a map of the Strawberry Lane area, showing the City's property in relation to the recent
subdivision activity in the immediate area. There are two options available for the partitioning of the
property - one being to partition the lot into three parcels through a minor land partition process (three being
the maximum number of lots that can be partitioned at one time) - and the other being to create three lots
now, but divide the third lot a year fi.om now, creating a total of four lots for sale. Staff would recommend
creating Lots 1 and 2 for sale now, with the combination of Lots 3 and 4 being partitioned in one year and
sold after that time.
Staffbelieves that the four lot partition provides the greatest public benefit, while also creating lots that are
compatible with the development pattern of the surrounding neighborhood.
Recommendation:
It is recommended that the Council direct staff to prepare and submit an application to partition the property
on Strawberry Lane into, ultimately, four lots. Two lots would be available for sale after the initial three-lot
partitioning, and two additional lots would be available for sale approximately one year later.
Fiscal Impact:
The sale of the lots will provide funds for the creation of the Housing Trust Fund, as well as provide funding
to buy out the CDBG portion of The Grove.
Background:
Maps of the property are attached, as well as the previous council communication regarding the potential sale
of the property.
Attachments:
Attachment 1:
Attachment 2:
Attachment 3:
Attachment 4:
Attachment 5:
Attachment 6:
Vicinity Map
Proposed Lot Partition
Neighborhood Map with Proposed Partition
Survey Map
Council Communication - November 4, 2003
Council Meeting Minutes - November 4, 2003
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CITY OF
SHLAND
Council Communication
Title:
Dept:
Date:
Submitted By:
Approved By:
Ashland Housing Commission Request to allocate Strawberry Lane Property as
an Asset of the Affordable Housing Trust Fund
Planning Department
November 4, 2003
John McLaughlin, Director of Community Development
Gino Grimaldi, City Administrator
Synopsis:
The City's adopted Affordable Housing Action Plan contains a strategy to create an affordable housing
trust fund and identify and develop long-term and stable funding sources to support the City's efforts to
develop affordable housing. While the Housing Commission is still investigating options for developing
stable and continuous funding sources, interim bridge funding is needed to enable the City to leverage
public funding sources currently available and facilitate the development of affordable housing in the
near t .eIm.
The Council has previously discussed the option of selling or trading some of its real property assets
(particularly City-owned lots on Strawberry Lane) to provide an interim source of revenue for the trust
fund or for an alternate site that could suitably be marketed for affordable housing development. The
Housing Commission voted unanimously on 9/24/03 to request that this action be accomplished as soon
as possible. To facilitate this effort, the Commission requested that steps be taken to establish the
affordable housing trust fund as a City special revenue fund and allocate or assign the real property
assets on Strawberry Lane to the trust fund.
With these assets specifically reserved to the affordable housing trust fund, City staffwill be in a better
position to potentially leverage other public funding sources and evaluate and develop plans for its most
effective use.
Recommendation:
Staff recommends that the City Council establish the Affordable Housing Trust Fund, and allocate the
real property assets on Strawberry Lane to the trust fund.
Fiscal Impact:
The Strawberry Lane property encompasses approximately 2.5 acres of land, with the potential to be
approximately four separate single family lots. Lots in the area have been listed in excess of $300,000.
Background:
Minutes of the 9/24/03 Housing Commission meeting and a map of the city's property are attached to this
communication.
http://www.ashland.or.us/PrintContentView.asp? 1D= 1 ...
Councilor Morrison pointed out the need to hire a new
Housing Program Specialist, and asked when that would be
completed.
Community Development Director John McLaughlin
clarified the advertising for this position will start next
week, and will be done on a much smaller scale than for
the previous hire. He also stated they have looked at the
previous applicants, and will be calling some back for
another interview along with the new applicants..
Councilor Hartzell asked when the Riparian Ordinance
would be developed. McLaughlin explained the inventory is
the first step, but that they may be able to complete this
prior to the timeline provided, and will know more after the
November 20th meeting with the consultant.
The Council decided on the 9th and 10th of January to
work on goal setting.
Councilor Hartzell asked why the activity for continued
efforts for aggressive water conservation practices had
been crossed out. City'Administrator Gino Grimaldi stated
these efforts are mainly targeted during the summer
months and that the summer water season is over. Paula
Brown clarified that it is only crossed out because they are
doing it, and continuing to put effort towards the water
Commum ohn McLaughlin
explained the Housing Commission has asked that the
Council move forward with the signing of the Strawberry
Lane property as an asset of the Housing Trust Fund, and
direct staff to see that this happens.
8 of 17
Councilor Laws asked if Staff has talked about this idea,
and asked if there are any needs that should be considered
along with this proposal,
City Administrator Gino Grimaldi stated they have not had
1/2/04 11:25 AM
http://www.ashland.or.us/PrintContentView.asp?ID= 1...
a lengthy discussion, however they are dealing with a one
time source of money, and would want to avoid using this
for ongoing programs. He also stated it is appropriate to
use this for a one time expenditure, such as the Housing
Program.
Mayor DeBoer explained that the prior City Administrator,
Brian Almquist purchased a large piece of land at the top
of Strawberry Lane to install a water storage tank as part
of the City's water delivery system. Included in this
purchase was some land that he felt could be sold at a
later date. They have since completed the installation of
curbs and gutters at the Strawberry and Westwood
intersection. There are now 3 or 4 highly desirable lots that
could be worth $300,000 or $400,000 per lot that the City
has clear title to. The discussion is now where the proceeds
from this land would go. DeBoer suggested that some of
the funds go towards removing the Grove, which would put
the funds back into the CDBG process they just completed.
He also suggested not to commit themselves to a project
until the property has been sold.
Councilor Jackson stated she supPorted the idea of using
the funds as seed money for the Affordable Housing Trust.
Councilor Hartzell asked how many parcels are they
dealing with, 3 or 4, and questioned the urgency.
McLaughlin explained that 4 parcels would require a
sub-division, and a more lengthy process; while 3 parcels
could be done rather quickly as a partition. McLaughlin
further clarified there are 4 potential lots on the land.
Mayor DeBoer stated he would prefer to sell-twO lots, wait
a year, and then sell the other two lots.
Councilor Hearn advocated allowing other stake holders to
come forward and make a proposal for the use of the
funds. Hearn also stated that if they went through the
sub-division process and maximized the number of lots to
four, it would take longer, but it would also maximize the
profit.
Councilor Laws suggested putting all of the funds into "one
pot", stating it was enough money to do something with
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when its all together, but might not be if it starts to get
divided up for different projects. Laws also asked Staff how
long the sub-division would take. McLaughlin responded 3
to 4 months, however they may run into problems and
have to do a two step process of partitions in order to
create the four lots. Laws further commented that he feels
that the housing "bubble" is going to burst, and there is a
good chance that the housing prices will level off or go
lower, and supports moving quickly on this matter.
Eric Navickas/7ll Faith/Stated he does not support
selling the Strawberry Lane property or allowing high
income development, but rather supports open space.
Navickas proposes contributing the city owned land to the
Ashland Land Trust or to RVCDC as a better way produce
affordable housing.
Rich Rohde/124 Ohio/Stated he strongly supports the
dedication of the Strawberry Lane ~property to the
Affordable Housing Trust Fund. Rohde explained that
obtaining a dedicated source of revenue for the Trust Fund
is key to obtaining affordable housing in our community.
Jennifer Henderson/321 Clay/Stated she supports
dedicating the Strawberry Lane property to the Affordable
Housing Trust Fund. Henderson does not feel that the lots
would be suitable for Iow-income, affordable housing as
Navickas suggested. She also expressed this is an
opportunity to allocate funds to affordable housing and to
give the City the chance to be available to reach out
towards matching grants that are available.
Councilor Hartzell / Morrison m/s to request that
Staff assess the options of the scenarios and include
a timeline in order to understand the trade-offs.
DISCUSSION: Councilor Hearn stated this is a good time
to move forward now that the LID has been completed.
Councilor Laws expressed his concern that they leave the
option to use the funds for the Grove open.
Councilor 3ackson ! Amarotico m!s to amend the
motion to dedicate the proceeds from the lands for
affordable housing, including the option for using it
as CDBG funding. DISCUSSION: Councilor Hearn
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expressed his concern over stifling public opinion, and does
not see the benefit of dedicating the funds right now
instead of waiting 4 or 5 months until the partitions are
completed. Councilor Jackson stated passing this now
would portray the Council's commitment to getting the
Housing Action Plan implemented. Councilor-Morrison
stated this was two issues, and thinks that they should be
handled separately. Morrison explained he is very open to
the possibility of using this funding' for affordable housing,
but feels it is premature to dedicate the funds at Lhis time.
Voice Vote: Laws, Amarotico, Hartzell, ]ackson and
Hearn, YES; Morrison, NO. Motion passed.
Vote on original motion: all AYES. Motion passed.
2. Request from Allan Frank Sandier to Purchase Air
Space above Hargadine Parking Structure for 20-unit
Affordable Housing Project.
Community Development Director .lohn McLaughlin
explained that the Hargadine Parking Structure was
constructed in a way that allowed for future development
of additional levels to be added. McLaughlin also noted that
the Housing Action Plan has a policy that the City should
consider looking at its parking lots as opportunities for
affordable housing. Since the parking structure has been
completed, RVCDC has had some preliminary ideas for
housing on top of the structure, and now the Council has
received a formal request from Mr. Sandier. Mr. Sandier is
requesting to purchase the air space above the parking
structure for the development of 20 affordable housing
units, utilizing tax credits as a way to finance. Mr. Sandier
is also proposing that a deed restriction be placed on the
property guaranteeing the units remain affordable for 60
years. McLaughlin stated that this proposal is in the very
preliminary stages and Staff is seeking direction as to how
to proceed.
Staff has put forward 5 options for the Council to consider:
l) proceed with exclusive negotiations with Mr. Sandier
2) prepare a Request for Proposals to allow other
developers to submit ideas
· 3) refer the request to the Housing Commission
4) evaluate all of the City parking lots, not just Hargadine
5) maintain the parking structure as is, and not entertain
11 of17 · 1/2/04 11:25 AM
Brandon Goldman
City Planning
Ashland, OR
Dear Brandon
Thanks for returning my call to you re: why the City postponed the Planning Commission
meeting in favor of a proposed City Council meeting in a months time on the subject of City
development issues. I was referred to you for this question.
We are pleased that the City now intends to notice all of us in Strawberry Meadows area re: the
timing of the Council meeting to cover the City acting as a sub divider in our area. As you
mentioned, the 200' reach was not appropriate given the concerns voiced by those who live here.
I would suggest that you include those in Anna Hassell's subdivision as well. They also are
concerned because the City land is between these two subdivisions and development here impacts
them as well. Please know that this is a most serious issue for all of us.
I would also ask that, this time around, you notice the only two contiguous lots that actually abut
City property in Strawberry Meadows that were somehow omitted from both your first and
second mailing of notice. These are lots #16 and #17 of Strawberry Meadows sub-division. These
ownerships transferred in mid December 2003 and both understandably have a very real interest
in what happens here. We do not know why they were omitted earlier on. Both are in the building
planning process
Their addresses are as follows: Lot #16 owned by Daren Borgias & Gaia Layser
500 Phelps Street,
Ashland, OR 97520
Lot #17 owned by Suzanne & Ken Barnes
274 Village Park Drive
Ashland, OR 97520
Please also notice Margaret Brown Olsen (owns 385 Strawberry Ln.):
1204 David St. SE
Washington, DC 20003 (She may come out just for this meeting)
Thank you for?~turning my call,
Paul Hwoschinsky 443 Strawberry Lane
Cc; Mayor, Planning Commission, City Council
Anna Hassell, Strawberry Meadows list
Cate's comments on Charter Change packet memo:
4/20/04
Ensure that this process is truly "public-driven"
1. Include in the charge:
a) Starting process offwith at least one public forum w/th City Attorney and
consultant explaining our charter, introducing range of options for fundamental changes,
and having bulk of meeting devoted to public input.
b) Stren.gthen emphasis on public input during each meeting, perhaps at
different points in each meeting as different topics are discussed.
2. Redesign timeline to allow for minimum of 2 months of educational meetings,
media, information that informs people what they would be voting on.
3. Consultant's involvement carefully designed not to influence the public and the
committee in a particular direction on anything other than housekeeping sections of
charter.
4. Remove the timing expectations of the calendar and stipulate that an effective
and inclusive public process will drive this process, rather than a November vote.
Extend the timeline so the committee can meet on a schedule that respects summer and
work schedules. Meet every other week in evenings or weekends so people who work
most common work hours can participate.
Council Process:
1. Design set of questions that applicants respond to or interviews so that Council
is supported in ensuring that the committee is diverse and representative.
2. Allow Committee elect its own chair
Committee Charge: 1. Provide strong justification for replacing existing charter for a model charter
2. Bring range of reasonable options for fundamental changes, pros and cons
considered and the committee's recommendation
Committee
process
1. Remove absence equals approval clause 5)
2. It seems inappropriate that 6) establishes that decisions can be made by 3
people,'. 7) establishes that 4 people constitute majority for final
recommendations, rather than whole committee. We should mandate that the
whole committee vote on the final recommendation and that 2/3 vote
constitute approval.
3. Subcommittee meetings should be held in City facilities at times reasonable
for the: general public to attend.
4. if the alternate moves into voting position, do we reappoint another?
5. Committee sets agenda items for subsequent meetings, vfith members having
ability' to propose new items at each meeting.
CITY OF
-ASHLAND
Council Communication
Title:
Dept:
Date:
Submitted By:
Approved By:
Synopsis:
Charter Review and Update
Administration
April 20, 2004
Ann Seltzer, Management Analyst
Gino Grimaldi, City Administrator
At the council study session on Wednesday, March 17, Sandra Arp, formally with the League of Oregon
Cities, spoke to the council about charter reviews and charter review committees and her experience in the
field. Sandra has assisted forty cities in Oregon with charter reviews and revisions.
Council directed staff to proceed with a draft of the charge of the charter review committee, the process and
the timeline and to engage the services of a consultant to review the existing charter.
Attached is a draft of the charge of the charter review committee, the expectations of the consultant and a
suggested timeline for the committee in order to meet the deadline for inclusion on the November ballot.
Recommendation:
No recommendation.
There are several key issues regarding the charter review and the charter review committee. Due to the fact
that many council members were unable to attend the study session regarding the charter review, additional
discussion of these key issues is recommended.
Suggested Discussion Points:
1) Public input is a critical element to the review of the charter. Should public input be expanded beyond
hearing public testimony at each meeting?
2) Appointment of the committee. The draft resolution creating the committee states the "no member shall
be appointed who currently holds an elected position for the City_of Ashland. The mayor and the council
shall make every effort to appoint members who are impartial, non-biased and free of any perceived political
gain and have some expertise in the knowledge of local government." How will it be determined if
applicants are impartial, non-biased and free of any perceived political gain? Would a formal interview
process with set questions be useful?
3) Timeline/Meeting Frequency. The draft timeline calls for weekly meetings of the committee and includes
the expectation that work will be completed in time to place a revised charter or amendments to the charter
on the November ballot. How important is it that a revised charter or amendments be ready in time for the
November elections? How important is it that the committee begin and complete their work within a specific
timeframe?
4) Extent of Review. The draft resolution and expectations of the charter review committee set in motion a
comprehensive review of the charter without limitations. Should the city council wish to place any
limitations on the committee or have one or more reports back to the city council during the review, it would
be appropriate to provide that direction at this time. How important is it that the Charter Review Committee
be free of limitations? How might limitations placed on the committee be viewed by the community?
Should the council approve the attached resolution and draft Expectations of the Charter Review Committee,
an advertisement will be placed in the local newspapers and on the city's web site inviting citizens to apply to
serve on the committee. The proposed timeline allows for the advertisement for committee members,
appointment of members by the Mayor and council approval at the May 4 meeting.
Should the council approve the Expectations of the Charter Review and Revision Consultant staff will
contact the three "Oregon experts" identified during the study session and invite them to submit a proposal
based on the attached expectations. The proposed timeline allows for a consultant to review the existing
charter and identify changes, if any, prior to the first committee meeting in May.
Fiscal Impact:
It is anticipated that contracting with a charter review specialist to assist the committee will cost between
$5,000 and $10,000.
Background:
At the regular council meeting on February 17, the council requested that an expert in charter review and
revisions be invited to attend and present at a council study session.
Sandra Arp, charter review specialist, formally with the League of Oregon Cities, spoke to the council about
the importance of a charter review and update, a charter review committee and make-up and how a specialist
can assist in the process.
Ms. Arp explained that a city charter should grant powers in a broad general sense, should not include
specifics, which are best placed in city code, and that a charter be examined from three perspectives: from a
legal standpoint, from a practical standpoint, and from a political standpoint. It is critical that the committee
has a strong chair and that members have some expertise and knowledge of the workings of local
government.
Ms. Arp stressed that a charter review committee should approach the charter review and charter revisions
looking towards the future and not at the present. She noted that the current charter was amended and
adopted in the early 1970s and that a review and revision is in order.
In addition to Ms. Arp there are two other Oregonians with experience in charter reviews and revisions: Tom
Sponsler and Tim Sercombe.
The current Charter of the City of Ashland was reviewed and amended in 1970. Voters approved the
proposed amendments in 1972.
Cities and counties update their charters for a variety of reasons: to clarify lines of authority, to clarify
confusing language, to improve the efficiency and cost effectiveness of government, Go eliminate obsolete,
conflicting and ambiguous provisions. Some charters specify that the document is reviewed on a regular
timeline, other charters do not; some specify the make up of a charter review committee others do not.
Because the needs of communities change, and State and Federal laws change, it is important that a charter
be updated periodically and reflect the current times. Sometimes communities choose to adopt an entirely
new charter and include elements of the original.
A city charter is viewed as a city constitution. For this reason, city powers are generally stated in broad,
general comprehensive terms. The charter should deal only with the basic, broad fundamentals of city
government. It should be as concise as possible and adaptable to changing conditions to avoid the need for
frequent amendment.
A charter can only be amended by a vote of the people. Generally charter amendments are referred to a vote
by the Council but amendments can also be proposed by initiative petition.
Should the council decide to proceed, the following basic steps should occur.
1) A motion and vote oft]he council to create a citizen committee to undertake a review of the Ashland City
Charter.
2) Define the charge and make up of the committee.
3) Appoint a Charter Review Committee of no more than seven or ten people.
4) Hire a consultant with experience in charter drafting, legal review and evaluation to assist the committee.
5) Council reviews and deliberates on recommendations from the Charter Review Committee and then
decides what to place on 'the ballot.
Attachments:
II.
III.
IV
V
Draft resolution appointing a charter review committee.
Draft expectation of the charter review committee
Expectations of charter review consultant
Proposed timeline
Ashland City Charter
Attachment I
RESOLUTION NO. 2004.
A RESOLUTION CREATING THE CHARTER REVIEW COMMITTEE.
Recitals:
A. The City of Ashland Charter was last reviewed and amended in 1970.
B. A 2004-05 goal of the city council is to "complete a charter review and update".
C. The City Council has determined that it wishes to form a Charter Review Committee to
evaluate the existing charter and to determine if the charter should be updated or changed.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. A Charter Review Committee is created which shall consist of nine voting
members and one alternate, non-voting member, all of whom shall reside within the City of
Ashland and who shall be appointed by the mayor and confirmed by the ¢',ouncil. Two
members of the committee shall be former elected city officials and seven shall be selected
at large. No member shall be appointed who currently holds an elected position for the City
of Ashland. The mayor and council shall make every effort to appoint members who are
impartial, non-biased and free of any perceived political gain and have some expertise and
knowledge of the workings of local government.
SECTION 2. If the committee determines changes to the charter are warranted, it shall
prepare a draft charter or draft amendments to the existing charter for the City of Ashland
for review by the council for placement on the ballot for the voters of Ashland.
SECTION 3. The committee shall be subject to, and shall follow, to the greatest extent
feasible, the attached document entitled "Expectations of the Charter Review Committee."
SECTION 4. The committee shall terminate at the time a new charter or charter
amendments are voted on by the people of Ashland, unless the committee determines
changes are not warranted. In such case the committee shall terminate when it makes
such report to the city council.
SECTION 4. This resolution takes effect upon signing by the Mayor.
This resolution was read by title onlY in accordance witl~ Ashland Municipal Code §2.04.090
duly PASSED and ADOPTED this __ day of ,2004.
Barbara Christensen, City Recorder
SIGNED and APPROVED this ~ day of
,2004.
Alan W. DeBoer, Mayor
1- H:\Recent\Charter Review~charter commission reso.doc
Attachment II
CITY OF
SHLAND
DRAFT
Expectations of the Charter Review Committee
"Membership on a charter review committee is accepting responsibility for leadership in
the most important single civic effort that any community can undertake. The duty of
leadership is to find the highest attainable level of improvement, not just a token advance.
Statesmanlike compromise is simply a means to this end." Guide for Charter
Commission, National League of Cities
Purpose and Overview
The primary function of the charter review committee is to review the existing charter to
determine if it will adequately serve the community well into the future. If necessary, the
committee is to prepare a draft charter for the City of Ashland. The proposed charter will
ultimately be reviewed by the city council for placement on the ballot for the voters of
Ashland.
The committee rnust be impartial, non-biased, and free of any perceived political gain and
may approach the task in whatever means results in a document that best serves the citizens
of Ashland.
In addition to adhering to the Oregon Public Meetings law, the committee will strive to
include the community beyond the requirements of the law. The council encourages the
committee to seek opportunities to educate the community about the process and purpose of a
charter review, the importance of a city charter and to solicit community input.
It is the council's experience that undertakings of this scope are best achieved within a set
timeline during which committee members are focused on achieving the task in a timely
manner. Stretching a task over a period of many months can result in a committee that
loses focus, interest and drive and a drop in attendance. As such, the council requests that the
committee follo~v the attached timeline so that the proposed charter can be placed on the
November ballot:.
The city will engage the services of a consultant with expertise in charter reviews and
revisions that will assist the committee as detailed in the attached Expectations of the Charter
Review and Revision Consultant.
Membership
The committee will be comprised of nine voting members: two former elected city officials,
and seven other citizens. The mayor will appoint a member to serve as chair.
An alternate committee member will also be selected and will serve as a non-voting member.
Should a member of the committee be unable to fulfill duties, the alternate will assume the
role of the voting member. The city attorney will attend all meetings and will act in an
advisory role and a current city employee will staff the committee.
1
Expectations of the Charter Review Committee
The Charter Review Committee will adopt the following policies and procedures.
Regular Meetings
1. Committee will meet every week unless changed by a majority of the committee at a
regular meeting.
2) Meetings will occur in council chambers so that they may be televised and or taped.
3) The committee will consider written and oral testimony offered during the charter
review process.
4) At the first meeting, the committee should elect a vice-chair who will serve as chair in
the absence of the chair.
Attendance, Quorum
1) Three consecutive unexcused absences equal resignation.
2) Members will be notified after a second consecutive absence to allow an opportunity
to attend future meetings.
3) The committee will determine whether absences are excused.
4) Members unable to attend shall notify the staff liaison or chair by phone or e-mail in
advance of the regular meeting.
5) Absence equals approval of actions taken at previous meetings.
6) A quorum of at least 5 committee members must be present to conduct business at any
meeting. A majority of a quorum is necessary to adopt any motion.
7) A quorum for the final report is two thirds of the committee membership at the time of
voting.
Subcommittees
Subcommittees may be formed for the purpose of gathering information mid forming a
recommendation to be brought forward to the full committee. However, only the full
committee can vote on and accept the recommendation. Subcommittees rnust meet the
requirements of the Oregon Public Meetings law.
Alternate Member
1) For the purpose of deliberations, the alternate member may attend all meetings, offer
suggestions and participate in discussions and abide by the same attendance rules as other
committee members.
2) The alternate member may not vote or make motions on final decisions by the
committee.
3) The committee will make every effort to consider the alternate member's positions,
respond to questions and treat the alternate member with due respect.
Testimony
1) Public testimony will be accepted at each meeting.
2) Meeting agendas will have a designated time for the purpose of hearing public
testimony.
3) Public hearings will be scheduled as part of the charter review.
4) Guests may be invited to speak to the committee.
Expectations of the Charter Review Committee
Motions
1) The chair will strive to reach consensus of the committee whenever possible.
2) Motions on changes to the charter constitute tentative approval of such changes
pending approval of the final report to the city council.
Consultant
1) The consultant will act in an advisory role to the committee.
2) The consultant will review the existing charter, identify needed changes and updates,
perform a legal review of the current charter, compare the existing charter to the model
charter and present the information at the first regular meeting of the committee for
committee review.
3) Prepare and explain substantive provisions for consideration, draft alternative political
provisions for discussion and consideration.
4) Draft a charter and revise the draft based on input from the committee.
5) Prepare a final version of the new charter for committee review and council approval.
Prepare a ballot title and explanatory statement.
6) Attend a final meeting in Ashland for presentation to the city council.
Staff
1) The city attorney or designee will act in an advisory role to the committee.
2) Staffwill support the work of the committee and assist the chair/vice chair in
preparing the agenda. Agendas will be mailed electronically or by post in advance of
meeting by staff. Staff will conduct research for the committee, send invitations to
speakers/guest requested by the committee. Should the committee require additional staff
support beyond what is provided, a request should be made to the city administrator.
3) Comprehensive minutes will be prepared from each meeting and will be sent to
committee members prior to the meeting.
4) Staff will post to the city's web page all information related to the committee's
proceedings.
Miscellaneous
1) Roberts Rules of Order will govern decisions at meeling.
2) The committee will be clear and simple in its procedures and the consideration of
matters coming before it. It should avoid invoking the finer points of parliamentary rules,
which may serve only to obscure the issues and to cause audience or citizen
misunderstanding or misapprehension about action taken at the meeting.
Attachment III
CiTY OF
-ASHLAND
DRAFT
Expectations of the Charter Review and Revision Consultant
The consultant engaged to assist the charter review commission will:
Review the existing charter and identify needed changes and updates
· Perform legal review of current charter provisions
· Compare 2004 League of Oregon Cities (LOC) model charter for updated charter
provisions
· Attend the first meeting of the charter review committee to consult about the role and
function of a charter, discuss the project goals and expectations and agree on a
process and timeline and present the legal review of the current charter
· Provide general basic provisions for review
· Prepare and explain substantive provisions for consideration
· Attend a second meeting in Ashland with the charter review committee, halfway
through the process
· Draft alternative political provisions for discussions and consideration
· Distribute draft charter and discuss at a meeting in Ashland
· Revise draft charter based on input from the committee
· Prepare a final version of the new charter for council review/approval
· Prepare a ballot title and explanatory statement
· Attend a final meeting in Ashland for presentation to the City Council
The above list requires the consultant to attend three meetings in Ashland with the
committee, however additional meeting attendance may be necessary.
The City of Ashland will:
· Exercise overall administrative responsibility for the prOject
· Provide all organizational and staff support for charter review committee,
· Act as a liaison for the charter review committee and council
· Arrange for publication and distribution of drafts and final charter or amendments
· Provide final materials to the county clerk
P~ Oh
ASHLAND CITY CHARTER
INTRODUCTION 00 History of the Ashland Charter
The original Charter granted to the City of Ashland in 1874 was later supplanted by a Charter given to
the City by the Oregon State Legislature in 1889. In 1898, a new Charter was approved by the voters of
the City, which remained in effect until 1970, although amended numerous times over the years.
In 1906, a State constitutional amendment giving cities Home Rule'meant that Charters could be adopted
and amended without action by the State Legislature. A vote of the Ashland citizens to amend the City
Charter or to adopt a new one can effect changes in the structure and powers of Ashland city
government. For this purpose, the Council may call a special election on the Charter by initiative
petition.
In May of 1970, as a result of study and recommendation by the Ashland League of Women Voters and
the Charter Revision Committee, an amended Ashland City Charter was again approved by the voters of
the City. As adopted, it retained all of the desirable provisions of the original Charter, while omitting
obsolete provisions, thereby simplifying this important document and making it a more workable one.
Five amendments were enacted by the voters in May of 1972, dealing primarily with administrative
refinements, and these amendments have been incorporated into the following co~npilation of the City
Charter.
Notes: 1) City incorporated 10-13-1874
2) First Ordinance passed 11-14-1874 -Setting Boundaries of the City of Ashland
ARTICLE 1 Name and Boundaries
Section 1. Title of Enactment This enactment shall be referred to as the Ashland Charter of 1970.
Section 2. Name The municipality of Ashland, Jackson County, Oregon, shall continue to be a
-municipal corporation with the name "City of Ashland".
Section 3. Boundaries The City shall include all territory encompassed by its boundaries as they now
exist or hereafter are modified by the voters, by the Council, or by any other agency with legal power to
modify them. The Recorder shall keep in her/his office at City Hall at least two (2) copies of this
Charter, in each of which he/she shall maintain an accurate and_ up-~to-date description of the boundaries.
The copies and descriptions shall be available for-public inspection at any time during regular office
hours of the Recorder.
ARTICLE 2 Powers
Section 1. Powers of the City The City shall have all p.owers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow municipalities,
as fully as though this Charter specifically enumerated each of those powers, as well as all powers not
inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically
granted. All the authority thereof shall have perpetual succession.
Section 2. Construction of the Charter In this Charter, the mention of a particular power shall not be
construed to be exclusive or to restrict the scope of the powers, which the City would have if the
Page 1 of 16 -
ASHLAND CITY CHARTER
particular power were not mentioned. The Charter shall be liberally construed to the end that the City
shall have all powers necessary or convenient for the conduct of its municipal affairs, including all
powers that cities may assume pursuant to State laws and to the municipal Home Rule provisions of the
State Constitution.
Section 3. Provisions for Amendment and Revision The Council shall have the power to call a special
election upon a resolution passed by the Council for the purpose of amending the Charter or enacting a
new Charter, or whenever petitioned to do so by the electors of said City, under any initiative or
referendum ordinance of the City of Ashland, or the laws of the State of Oregon.
ARTICLE 3 Elective Officers
Section 1. Elective Officers The elective officers of the City shall be: a Mayor, Recorder, six (6)
Council Members, five (5) Park Commissioners and a Municipal Judge. (Charter amendment 5-23-78)
Section 2. Qualifications All elective officers except the Municipal Judge shall be residents and
qualified voters in the City. (Charter amendment 5-23-78).
Section 3. Salaries Any change in the amount of the present compensation received by elective officers,
except for the Recorder and Municipal Judge, shall be submitted to the vote of the people; however, the
salary of the elected Recorder shall be in the amount being paid in 1974 and be adjusted starting with the
fiscal year 1974-75 in the same percentage as the average salary adjustments of the other supervisory
employees and department heads of the City of Ashland; further, the salary of the Municipal Judge will
initially be the same as for the year 1978-79 and thereafter to be adjusted in the same percentage as the
average salary adjustment of the other supervisory employees and department heads of the City of
Ashland. (Charter amendment 5-23-78).
Section 4. Vacancies An office shall be deemed vacant upon the incumbent's death; adjudicated
incompetence; conviction of a felony; other offense pertaining to his/her office, or unlawful destruction
of public records; resignation; recall from office or ceasing to possess the qualifications for the office; or,
in the case of the Mayor or Council Member, upon his/her absence from the City for thirty (30) days
without the consent of the Council or upon his/her absence from meetings of the Council for sixty (60)
days without like consent, and subsequent declaration of the vacancy by a two-thirds affirmative vote of
the Council.
A vacant elective office in the City shall be filled Within sixt~ (60) days by the Council electing some
qualified person to fill such vacancy. The appointee's term of office shall begin immediately upon
appointment and shall continue until a successor, elected at the next biennial election, takes office for the
unexpired term. The Council shall have the power, by a two-thirds affirmative vote, to expel any
member of the Council for disorderly conduct in Council or inattention to duties. No Council member
shall be expelled without notice and a hearing by the Council.
Section 5. Term The term of all elective officers shall begin the first day of January following their
election.
Section 6. Interest in Ci_ty Contracts During the term of office, no elective officer shall violate any
provision of the State of Oregon Code of Ethics as contained in ORS Chapter 244. (Amended b~ vote 11-
8-04.)
Page 2 of 16
ASHLAND CITY CHARTER
ARTICLE 4 Mayor
Section 1. Term The Mayor in office at the time this Charter is adopted shall continue in office until the
end of his/her term of office as fixed by the Charter of the City in effect at the time this Charter is
adopted. At the biennial general election held in 1972, and every fourth year thereafter, a Mayor shall be
elected for a term of four (4) years.
Section 2. Powers and Duties The Mayor is the executive officer of the municipal corporation and shall
exercise careful supervision over the general affairs of the City and over appointive officers. He/she
shall sign all orders and warrants on the Treasury for claims authorized by the Council.
Section 3. Vote The Mayor shall not be entitled to vote on any ordinance or measure before the Council
except in the case ora tie vote, in which case he/she shall have the power to vote, and must vote either in
the affirmative or in the negative. The Mayor shall, within five days after the passage of any ordinance,
either approve or veto the same, and no ordinance shall go into effect until approved by the Mayor or
passed by the Council over his/her veto. The Mayor shall, in case he/she vetoes any ordinance or
resolution, file such veto with the City Recorder, together with reasons for his/her disapproval, which
veto and message of disapproval shall be read at the next meeting of the Council, and such ordinance or
resolution be put upon its passage again; and, if two-thirds of the Council members shall vote in the
affirmative, it shall become law without the Mayor% approval, but not otherwise. In passing all
resolutions and ordinances, the ayes and nays shall be called and permanent record made of the vote
thereon.
ARTICLE 5 Council Members
Section 1. Terms The Council members in office at the time this Charter is adopted shall continue in
office, each until the end of his/her term of office as fixed by the Charter of the Ci(~, in effect at the time
this Charter is adopted. At each biennial general election after this Charter takes effect, three Council
members shall be elected, each for a term of four (4) years.
ARTICLE 6 Recorder
Section 1. Term The Recorder in office at the time this Charter takes effect shall continue in office until
the end of his/her term of office as fixed by the Charter of the City in effect at the time this Charter is
adopted. At each biennial general election held in 1970, and every fourth year thereafter, a Recorder
shall be elected for a term of four (4) years.
Section 2. Power~ and Duties The Recorder shall act a~ Clerk of the 'Council and shall keep plain and
correct records of all business and proceedings of the Council. He/she shall maintain a file of all papers
presented to him/her officially, and safely keep all files, records and papers of the corporation pertaining
to his/her office, and these shall be open to the public. At the expiration of his/her term of office, he/she
shall turn over to his/her successor any and all records, books, and papers pertaining, to said office.
The Recorder must draw all orders for the proper payment of monies against the proper funds that have
been.appropriated by the City Council, and, together with the Mayor, sign the same. He/she may make
periodic audits of all City accounting records.
Page 3 of 16 -
ASHLAND CITY CHARTER
The Recorder, shall, as soon as the Council shall make a general levy of the taxes for the city, certify the
same, together with any and all special benefits and assessments then due, to the Clerk of the County
Court.
The Recorder shall record, in a book to be kept for that purpose, all ordinances and resolutions passed by
the City Council, and the same shall be signed by the Recorder, as well as signed and approved by the
Mayor therein.
Section 3. Vacancy A willful absence of the Recorder from the City for more than thirty (30) days
without the consent of the Council, carelessness or inattention to the duties of the Recorder, shall be
grounds for the Council to declare the office vacant; and it may fill such vacancy in the same manner as
vacancies in the office of Council members are filled.
Section 4. _.Absence In the Recorder's absence, the Mayor shall appoint a Clerk of the Council Pro Tem
who, while acting in that capacity, shall have all the authority and duties of the Recorder.
ARTICLE 6A Judge
Section 1. 3['erm At the biennial general election held in 1978, and every fourth year thereafter, a Judge
shall be elected for a term of four (4) years. (Charter amendment 5-23-78)
ARTICLE 7 Elections
Section 1. Regular Elections Regular City elections shall be held at the same times and places as
biennial general State elections, in accordance With applicable State election laws.
Section 2. Notice of Regular Elections The Recorder, pursuant to directions from the Council, shall
give at least ten (10) days notice of each regular City election by posting notice thereof at a conspicuous
place in the City Hall, and by publication in a newspaper of wide and general circulation published in the
City of Ashland. The notice shall state the officers to be elected, the ballot title of each measure to be
voted upon, and the time and place of the election.
Section 3. Special Elections The Council shall provide the time, manner and me~ns for holding any
special election which shall comply with:applicable_ State lawsr_ The_ Recorder shall give at least ten (10)
.days notice of each special election in the manner provided by the action of the Council ordering the
election.
Section 4. Regulation of Elections Except as this Charter provides otherwise and as the Council
provides otherwise by ordinances relating to elections, the general laws of the State shall apply to the
conduct of all City Elections, recounts of the returns therefrom, and contests thereof.
Section 5. Nominations A qualified elector may be nominated for an elective City office to be filled at
the election. The nomination must be by a petition that specifies the office sought and must be in a form
prescribed by the Council. The petition shall be signed by not fewer than twenty-five (25) electors, and
with the candidate's written acceptance of such nomination. No elector may sign more than one petition
for each office to be filled at the election. If he/she does so, his/her signature will be valid only on the
first sufficient petition filed for the office. The signatures to a nomination petition need not all be
appended to one paper, but to each separate paper of the petition shall be attached an affidavit of the
Page 4 of16
ASHLAND CITY CHARTER
circulator thereof, indicating the number of signers of the paper and stating that each signature of the
person appended thereto was made in his/her presence, and is the genuine signature of the person whose
name it purports to be. Opposite each signature shall be stated the date of signing, the signer's place or
residence, identified by its street and number or other sufficient designation. The Recorder shall make a
record of the exact time at which each petition is filed and shall take and preserve the name and address
of the person by whom it is filed. If the petition is not signed by the required number of qualified
electors, the Recorder shall notify the candidate and the person who filed the petition within twelve (12)
days after the filing. If the petition is insufficient in any other particular, the Recorder shall return it
immediately to the person who filed it, certifying in writing wherein the petition is insufficient. The
deficient petition may be amended and filed again as a new petition, or a substitute petition for the same
candidate may be filed, within the regular time for filing nomination petitions. All nomination papers
comprising a petition shall be assembled and filed in final form as one instrument with the Recorder not
less than twelve (12) days before the date that the Recorder must file the same with the County Clerk.
(Charter Amendment 11-2-82)
Section 6. Canvass of Returns In all elections held in conjunction with State and County elections, the
State laws governing the filing of returns by the County Clerk shall apply. In each :special City election,
the returns therefrom shall be filed with the Recorder on or before noon the day following; and, not later
than five (5) days after the election, the Council shall meet and canvass the returns. The results of all
elections shall be entered in the record of the proceedings of the Council. The entry shall state the total
number of votes east at the election, the votes cast for each person, and for and against each proposition,
the name of each person elected to office, the office to which he/she has been elected, and a reference to
each measure enacted or approved. Immediately after the canvass is completed, the Recorder shall make
and sign a Certificate of Election of each person elected and deliver the Certificate to him/her within one
(1) day after the canvass. A Certificate so made and delivered shall be "prima facie" evidence of the
truth of the statements contained in it.
Section 7. Tie Votes In the event of a tie vote for candidates for an elective office, the successful
candidate shall be determined by a public drawing of lots in the manner prescribed by the Council.
Section 8. Oath of Office Before entering upon the duties of his/her office, each officer shall take an
oath or shall affirm that he/she will support the constitutions and laws of the United' States, the State of
Oregon, and the Charter and laws of the City of Ashland, and that he/she' will faithfully perform the
duties of his/her office.
ARTICLE 8 Council
Section 1. Where Powers Vested Except as this Charter provides otherwise, all powers of the City shall
be vested in the Council and the Mayor. __
Section 2. Composition The Council shall be composed of six (6) Council members elected in the City
at large and by position number. Each position shall bear a number running from once (No. 1) through six
(No. 6), and any candidate for Couni:il shall, starting with his/her nominating petition, designate the
number of the Council seat to which he/she seeks election; further, one candidate may only run for one
position at an election.
The Council members whose terms of office expire with the end of 1972 shall be assigned seat numbers
1, 3 and 5; 1974 shall be assigned seat numbers 2, 4 and 6. Within the scope of the preceding provision,
the Council shall forthwith determine by lot the numbers to be assigned to the; incumbent Council
members.
Page 5 of 16 -
ASHLAND CITY CHARTER
Section 3. Council Meetings and Rules The Council shall hold a regular meeting in the City at least
once each month at a time and place which it designates. Other meetings may be called as the Council
deems necessary, with notice given the Mayor and Council members and the public as provided by
ordinance. Minutes of any such special meeting shall be presented at the next regular Council meeting.
The Council shall adopt rules for its proceedings.
Section 4. Quorum The Mayor and not less than three (3) of the Council members, or four (4) of the
Council members, shall constitute a quorum for conducting Council business.
Section 5. Journal The Council shall cause a record of its proceedings to be kept. Upon request of the
Mayor or any of the Council members, the ayes and nays upon any question before it shall be taken and
entered in the record.
Section 6. Proceedings to be Public No action by the Council shall have legal effect unless the motion
for the action and the vote thereon take place at proceedings open to the public.
Section 7. Mayoffs Function at Council Meetings The Mayor shall preside over the deliberations of the
Council. He/she shall have authority to preserve order, enforce the rules of the Council, and determine
the order of business under the rules of the Council.
Section 8. Chair of the Council At the first regular meeting of the Council in January of each year, the
Council shall by ballot elect a Chair of the Council from its membership to serve for one (1) year.
He/she shall, during all times when the Mayor is absent or unable to attend to his/her duties or act in any
matter, have and exercise the powers and perform the duties of the Mayor, except that he/she shall retain
his/her Council member's right to vote. If, at any meeting of the Council, both Mayor and Chair are
absent, the Council members present shall elect one of their number as Chair Pro Tern, who shall preside
at that meeting.
Section 9. Vote Required Except as this Charter otherwise provides, the concurrence of a majority of
the members of the Council present at a Council meeting shall be necessary to decide any question
before the Council.
· ' ' ~ -'" ~'~' - 2~~' ' .~ -' ?-..'~a"
ARTICLE 9 Special Powers of the Council ' ~ . ~:d~..' ~¢-¢(~.,::'*. · '-~.-~?"-
Section 1. ViolaS;ion of Charter, Ordinance and Laws The Council, at any regular or adj0urned'mcetirig,
shall have the power within the limits' of the City of Ashland -to enact laws, ordinances and pass
resolutions not in conflict or inconsistent with the laws of the United States, the State of Oregon, or the
provisions of this Charter; and to provide for punishment of any person or persons found guilty by a
competent tribunal of the violation of any such laws, ordinances, or any of the provisions of this Charter,
by fine or imprisonment of such offender, until such fine and costs are paid; and to provide for the
working of such persons so convicted on the streets of the City or at any other work, and to provide the
compensation therefor to be applied on such fine and' costs; but no fine shall exceed the sum of $500 and
the costs of prosecution, nor shall any imprisonment or term at hard labor exceed 60 days.
Section 2. Levy of Taxes The Council, by two-thirds vote of the Council at any regular or adjourned
meeting, shall have the power within the limits of the City of Ashland to annually ordain and levy taxes
on the taxable property of the City made taxable by law for County and State purposes, not to exceed
fifteen mills on the dollar on the assessed valuation in any year for the expenses of the City; and also in
such further amount as may be necessary for the payment of interest or principal on any bonded
Page 6 of 16
ASHLAND CITY CHARTER
indebtedness now existing or hereafter to exist against the City and for payment of any judgment or
judgments obtained against the City.
Section 2a. Flood Damage Restoration Bonds In addition to the indebtedness otherwise authorized by
law and by this Charter, the City Council of the City of Ashland shall have the power and authority to
issue the general obligation bonds of the City in such amounts and with such maturity dates as the City
Council shall, in its discretion, deem advisable in an aggregate amount not to exceed Seven Hundred
Fifty Thousand Dollars ($750,000.00) for the purpose of financing the cost of repair and restoration in
accord with current construction standards of the City's water, sewer, electrical and storm sewer systems;
City streets and bridges and watershed roads and bridges; Lithia Park; the repair of riprap at the Ashland
Airport; and the purchase of a dredge for the removal of present and continuous accumulations of silt in
the City's water reservoir; and to further provide that all state or federal funds received to assist Ashland
in repair of flood damage shall be used for that purpose or to pay principal and interest on these bonds
and for no other purpose; and shall have the power and right to designate the manner and time of
payment of said bonds and the interest thereon, provided that considering any discounts or premiums
paid, the effective rate of interest on such bonds shall not exceed that allowable by the laws of the State
of Oregon. The power herein granted shall be exercised by the Council without submitting the question
to a further vote of the electors and the bonds issued in pursuance to this Article shall not be subject to
the limitation on bond or other indebtedness elsewhere contained in the Charter of said City.
Section 2b. Hospital Improvement Bonds In addition to the indebtedness otherwise authorized by law
and by this Charter, the City Council of the City of Ashland shall have the power and authority to issue
the general obligation bonds of the City in such amounts and with such maturity dates as the City
'Council shall, in its discretion, deem advisable in an aggregate amount not to exceed Three Hundred
Sixty Thousand Dollars ($360,000.00) for the purpose of financing the design and construction of
additions and improvements to the Ashland Community Hospital; and shall have the power and right to
designate the manner and time of payment of said bonds and the interest thereon, provided that
considering any discounts or premiums paid, the effective rate of interest on such bonds shall not exceed
that allowable by the laws of the State of Oregon. The power herein granted shall be exercised by the
Council without submitting the question to a further vote of the electors and the bonds issued in
pursuance to this Article shall not be subject to the limitation on bond or other indebtedness elsewhere
contained in the Charter of said City.
Section 3. S~eeial Assessments The Council shall have the power at regular or adjourned meeting to
levy such special benefit assessments for road, sewer or other special improvements as they deem
reasonable and to prescribe the time when such assessments shall be paid and to assess penalties thereon,
not exceeding ten percent (10%) when delinquent; which assessments and penalties may be collected
under the provisions of Article XII, Sections 1 and 2.
Section 4. Reassessmelat The Council shall have the. power to enact an ordintance to correct any
administrative error in the levying of any special benefit-assessment and to cause a reassessment to be
made.
Section 5. Debt Limit The Council, by a two-thirds vote at any regular or adjourned meeting, shall have
the power within the limits of the City of Ashland to borrow money upon the credit of the City and
authorize the issue of orders or notes therefor to an amount not exceeding $5,000.00 when required for
municipal purposes, which orders and notes shall bear a reasonable rate of interest and shall not
aggregate at any time to exceed $5,000.00.
Section 6. Bonds The Council, by a two-thirds vote at any regular or adjourned meeting, shall issue
bonds of the City for other purposes when duly voted and required by a majority of the electors of said
Page 7 of 16 -
ASHLAND CITY CHARTER
City; or in rebonding any bonded indebtedness of the City when the same is due and payable and the City
has not the funds on hand to pay the same, but in rebonding, bonds shall not be issued for a longer period
or greater rate of interest than the bonds to be liquidated. All bonds issued hereafter shall be amended to
this Article; that is, Article IX, Section 2, and at such time as they are retired shall be automatically
repealed.
Section 7. Water System The Council, by a two-thirds vote of the Council at any regular or adjourned
meeting, shall have the power within the limits of the City of Ashland to suppress, restrain, and prohibit
any obstruction, pollution, diversion, waste, extravagant use of, waters of Mill or Ashland Creek, either
within or above the City limits.
ARTICLE 10 Ordinances
Section 1. Enacting Clause The enacting clause of all ordinances hereafter enacted shall be: The People
of the City of Ashland do ordain as follows:".
Section 2. Mode of Enactment
(a) Except as the second and third paragraphs of this Section provide to the contrary, every
ordinance of the Council shall, before being put upon its final passage, be read first fully and distinctly in
open Council meeting and then on a different date by title only, unless a Council member or the public
requests that it be read in full for a second time, and it shall then be read fully and distinctly.
(b) Provided all conditions set forth in Paragraph (C) have been met, an ordinance may be enacled at
a single meeting of the Council by unanimous vote of all Council members present upon being read first
in full and then by title.
(c) The first reading may be by title alone if no Council member present at the meeting, or the
public, requests to have the ordinance read in full, and if a copy of the ordinance is provided for each
Council member and three (3) copies are provided for public inspection in the office of the City Recorder
not later than one (1) week before the first reading of the ordinance and if notice of their availability is
given forthwith upon the filing, by written notice posted at the City Hall and by advertisement in a
newspaper of general circulation and published in the City. An ordinance enacted after being read by
title alone may have no legal effect if it differs substantially from its terms as it was thus filed prior to
such reading, unless each section incorporating such a difference is read fully and distinctly in open
Council meeting as finally amended prior to being approved by the Council.
(d) :Upon the final vote on an ordinance, the-ayes and flays bf the members shall be taken and
entered into the record of the proceedings.
(e) Upon the enactment of an ordinance, the Recorder shall sign it with the date of its passage and
his/her name and the title of his/her office, except as provided in Article IV, Section 3.
Section 3. When Ordinances Take Effect An ordinance enacted by the Council shall take effect on the
thirtieth (30th) day after its enactment. When the Council deems it advisable, however, an ordinance
may provide a later time for it to take effect; and, in case of emergency, it may take effect immediately.
ARTICLE 11 Public Improvements
Page 8 of 16
ASHLAND CITY CHARTER
Section 1. Condemnation Any necessity of taking property for the City by condemnation shall be
determined by the Council and declared by resolution of the Council describing the property and stating
the uses to which it shall be devoted. The procedure for the condemnation shall be as ordained by the
Council or provided by State law.
Section 2. Improvements The procedure for making, altering, vacating or abandoning a public
improvement shall be governed by general ordinance or to the extent not so governed, by applicable
general laws of the State. Action on any proposed public improvement, except a .~;idewalk or except an
improvement unanimously declared by the Council to be needed at once because of an emergency, shall
be suspended for six months upon a remonstrance thereto by the owners of two-thirds of the land to be
specially assessed therefor. In this section, "owner" shall mean the record holder e,f legal title or, where
the land is being purchased under a land sale contract recorded or verified to the Recorder in writing by
the record holder of legal title to the land, the purchaser shall be deemed the "owner".
Section 3. Special Assessments The procedure for the levying, collecting and enforcing the .payment of
special assessments for public improvements or other services to be charged against real property shall
be as provided in Article XII, Sections 1 and 2 of this Charter.
Section 4. Bids All jobs or contracts for constructing, repairing, ornamenting or improving any public
place in this City or out of it, the expenses of which are to be paid out of the City Treasury, and the
probable cost of which will exceed $500, shall be advertised in a newspaper of wide and general
circulation published in the City of Ashland for ten days before the closing of the bids, and shall be done
in accordance with the plans and specifications approved by the Council. The Council shall have the
right to rej'ect any or all bids without incurring any liability for such rejection.
ARTICLE 12 Taxation: Powers and Duties of the Council
Section 1. Duties It shall be the duty of the Council immediately after the receipt of the certificate of
the County Clerk of the County Court of Jackson County, Oregon, showing the aggregate valuation of
the assessable property in said City of Ashland, to meet, and by ordinance annually levy such taxes and
assessments as permitted in this Charter against the taxable property of the City of Ashland, and such
special assessments and penalties as may be due and unpaid, and cause the same to be certified to the
County Court, as provided in Section 2 of this Article.
Section 2. Du. ties The Council shall, immediately after such levy, notify the Clerk: of the County Court,
under the certificate of the City Recorde~', of the rate percent c;f the-~tax levy made by the Council and all
delinquent special benefit assessments and the penalties thereon, and it shall be the duty of such Clerk to
compute the taxes and extend the same by entering the aggregate tax in the appropriate columns on the
tax roll, and such taxes, special assessments and penalti~es shall be collected by the same officer, in the
same manner and at the same time as taxes for County purposes are collected, and the same shall be paid
over by the County Treasurer to the City Recorder as. provided by law for the paying over of city taxes.
Section 3. County. Road Tax The territory within the limits of the City of Ashland as now existing and
as may be hereafter extended is hereby excepted out of the jurisdiction of the County Court of Jackson
County for licensing purposes and road purposes, and the City Council shall have full and exclusive
jurisdiction over the same. The inhabitants of the City shall be exempt from the payment of road taxes
and assessments of the property within the City for road work, except such taxes as may be levied and
assessed by the City Council, and all such taxes shall be placed in a separate fund and used for street
purposes within the limits of the City and not otherwise.
Page 9 of 16
ASHLAND CITY CHARTER
ARTICLE 13 Appointive Officers
Section 1. Appointive Officers The Mayor, with the confirmation by the Council, shall appoint a City
Administrator, City Attorney and such other officers as the Council deems necessary. The Council may
combine any two or more appointive offices. (Charter amendment 5-23-78)
Section 2. Separate Police and Fire Departments The City of Ashland shall maintain a fire department
which is separate and distinct from the City police department. The employees of one department shall
not be assigned to do the job functions of employees in the other department. (Charter amendment 1-4-
86)
Section 3. Qualifications, Duties, and Salaries The Council shall, by ordinances, prescribe the duties of
appointive officers, and determine their compensation and qualifications, except the Municipal Judge
shall be a member of the Oregon State Bar. The Council may designate any appointive officer to
supervise any other appointive officer, except the Municipal Judge in the exercise of his/her judicial
duties.
Section 4. Removal The Mayor, with the consent of the Council, may suspend and remove any
appointive officer at any time.
Section 5. Interest in Ci_ty Contracts Except as provided otherwise by law, no officer, agent or employee
shall have any interest in any City contract made by him/her in his/her official capacity or by any public
committee, board, commission or department of which he/she is a member, agent or employee, except
that the employment of the officer, agent or employee shall not be considered a contract for the purposes
of this section.
ARTICLE 14 Chief of Police: Powers and Duties
Section 1. The Chief of Police shall be the conservator of the peace within the limits of the City of
Ashland and, in addition to the authority vested in him/her by the City Council, he/she shall have the
authority and jurisdiction of a constable, and shall qualify and discharge the duties of constable, in the
same manner and to the same effect as required of constables under the statutes of this State. He/she
shall, within the County of Jackson, arrest any and all persons guilty of any breach of the peace
committed in his/her presence, and take them before the judge of the City Court, or some Justice of the
Peace for trial. He/she shall also have the power, under any warrant from the Judge, or any Justice of the
Peace, to arrest any person in any part o~' the State Of'Oregon t~or any criminal offense or the violation of
any City ordinance and, in case the Council shall establish a police force for the City, he/she shall by
virtue of his/her office be Chief of such force.
Section 2. The Chief of Police shall attend all meetings of the City Council, and perform the duties of
the Sergeant-at-Arms of that body, watch over, care for and preserve all the City property and good
morals of the City; and it shall be his/her duty, and the duty of any and all police officers, to see that all
the laws and ordinances of the City, and the provisions of this Charter, are enforced, to file complaint
with the City Judge against any persons violating any of the provisions of this Charter, or the laws or
ordinances of the City; and a failure or neglect to faithfully perform any or all of such duties shall be
cause for removal from office by the City Council.
ARTICLE 15 Court
Page 10 of 16
ASHLAND CITY CHARTER
Section 1. Court A court is hereby created in the City of Ashland, Oregon, to be known as the
Municipal Court. The court shall be open for the transaction of judicial business at regular times
specified by the Council. Ail area within the City shall be within the territorial jurisdiction of the court.
When not governed by ordinances or this Charter, all proceedings in the Municipal Court for the
violation of a City ordinance shall be governed by the applicable general laws of the State governing
District Courts.
Section 2. Judge The Municipal Judge shall be the judicial officer of the City. He/she shall exercise
original and exclusive jurisdiction of all offenses defined and made punishable by ordinances and
Charter of the City and all other offenses made punishable by State law over which the City is given
concurrent jurisdiction. He/she shall have authority to issue process for the arrest of any person accused
of an offense against the ordinances and Charter of the City, to commit any such person to jail or admit
him/her to bail pending trial, to issue subpoenas, to compel obedience to such subpoenas, to issue any
process necessary to carry into effect the judgments of the Court, and to punish witnesses and others for
contempt of the Court. The Judge shall make a monthly report of the Court's proceedings in writing to
the City Council.
Section 3. Term The term of the Municipal Judge shall be four (4) years. (Charter amendment 5-23-78).
Section 4. Jury A defendant may have a jury of six (6) members by demanding the same. Any jury
chosen shall be governed by the laws of the State of Oregon relating to juries in the District Court, and
shall have the qualifications of such jurors resident within the corporate limits of said City.
Section 5. Fines, Fees, Costs, and Cash Bail The City Council shall provide for the collection of ali
Court fines, fees, costs and cash bail which shall be turned over to the City Recorder.
ARTICLE 16 Miscellaneous Provisions
Section 1. Public Utilities - Water Works The City of Ashland, a municipal corporation, shall have the
power to provide the residents of said City with such services as water, sewer, electric power, public
transportation and such other public utilities as the people desire by majority vote; and to exact and
collect compensation from the users of such public utility; provided, however, that~an¥.~~, te4'._~.~), ~r~
water works and water rights now owned or which may hereafter be' acqu~~~.'- ~'."?~~;~-.~, ::~
purpose of supplying the inhabitants thereOf with water shall nevei?be'renid~;'~~
of; nor shall the City ever grant any franchise to any person o_r corporation fo~e or'w~pplyfng
the inhabitants of said City with water. - -
Section 2. Torts Thc City's immunity or liability for torts shall be as determined by State law.
Section 3. Existing Ordinances, Acts. Proceedings All existing ordinances in force when this act takes
effect and not inconsistent herewith shall be and remain in full force after this act takes effect and
thereafter until repealed by the Council. Ali actions and proceedings pending and all unfinished business
whatsoever when this act takes effect shall thereafter be proceeded with according to the provisions of
this act or any City ordinance applicable thereto and continued in force by this act. No suit, action or
proceeding now pending in any Court shall abate by virtue of this act, and all persons in office shall
continue to receive such compensation for their services during the balance of their term as appertained
to the office at the time they were respectively elected or appointed thereto; and ali rights vested or
liabilities incurred when this act takes effect shall not thereby be lost, impaired or destroyed; all bonds ".~ -
theretofore issued by said City are hereby declared to be valid and of full force and effect, and all acts of
the Council heretofore done in good faith for the benefit of the City and on which proceedings shall not
be instituted prior to July 1, 1970 are hereby legalized and made valid in every particular.
Page 11 of 16
ASHLAND CITY CHARTER
Section 4. Repeal of' Previously-Enacted provisions All Charter provisions of the City enacted prior to
the time that this Charter takes effect are hereby repealed, except the provisions of the legislative Charter
of 1898 relating to the Powers of the Chief of Police; that is, Article X, Section 1 compiled herein as
Article XIV, Section 1; Powers and Duties of the Council - Taxation; that is, Article XII, Sections I and
2, compiled herein as Article XII, Sections I and 2; and Territory Excepted for Road Purposes and
Licensing Purposes; that is, Article XVII, Section 1, compiled herein as Article XII, Section 3; and those
provisions of the previous Charter Amendments included in the following:
· Article VII, Section 1, amended 11-2-54, compiled herein as Article IX, Section 1
· Article VII, Section 2, amended 1-28-09, compiled partially herein as Article IX, Sections 2 and 3
· Article VII, Section 3, of 1898 Charter, compiled herein as Article IX, Section 5
· Article XXVIII, Sections 1 and 2, amended 11-4-30 and 10-16-59, compiled herein as Article XVII,
Sections 1 and 2
· Article XIX, Sections 1, 2, and 4, amended 12-15-08, and Section 3, amended 4-23-51, compiled
herein as Article XIX, Sections 1, 2, 3 and 4
· Article XXVII, Sections 1, 2, 3, and 4 amended 11-11-28, compiled herein as Article'XVIII, Sections
1, 2, 3, and 4
· Article XXIX, Section 1, amended 11-4-30, compiled herein as Article XX, Section 1
· Article XXXI, Section 1, amended 1938, compiled herein as Article XXI, Section 1
· Article X, Section 2, amended 7-17-19, compiled herein as Article XIV, Section 2
· Article XIX, Section l-C, amended 3-12-57, compiled herein as Article XIX, Section I-C
Section 5. Time of Effect of Charter Amendment This amended Charter took effect on July 1, 1970,
except that Amendments to Article III, Section 2; Article VIII, Section 2; Article X, Section 2; Article
XIII, Section 1 and Article XXII took effect on June 6, 1972.
ARTICLE 17 Hoslfital
Section 1. The City of Ashland is hereby authorized and empowered to own, operate and conduct a
municipal hospital within the limits of said City of Ashland under the authority and direction of the
Council.
Section 2. The Council is hereby authorized to issue and sell, in manner and form as in its judgment it
may deem best, general obligation bonds of said City in a sum not to exceed $350,1}00.00 for the purpose
· of providing funds with which to purchase real property for a hospital, construct a building or buildings
to be used for hospital purposes, and equip and furnish said hospital in and for said City. Said bonds
shall bear the date established by the Council, be serial in character, callable at any interest payment date
in whole or in part on or after five (5) years from the date thereof after notice as provided by law, be
retired by the said City in a period of-not to exceed twent~-fiv6 (25) years, be in denomination of
$1,000.00 each, be signed by the Mayor and countersigned by the Recorder under the corporate seal of
said City, have semi-annual interest coupons bearing the facsimile signatures of the Mayor and Recorder
attached thereto, by the terms thereof pledge the full faith and credit of the said City for their repayment,
and hold and promise to pay to the bearer of each of said bonds at maturity thereof, the sum therein
named in legal tender of the United States of America, with interest thereon in like legal tender, at the
office of the City Recorder in said City or at such other office as the Council may, in its judgment,
determine, which bonds shall be known as "Hospital Bonds". The particular form of said bonds, the
maturities thereof, the rate of interest thereon, and such other details of their issuance and sale as are not
herein mentioned shall be determined by the Council in the exercise of its best judgment in order to carry
out the intention hereof. That it shall be the duty of the Council to attend to the proper application of the
funds derived from tile sale of said bonds and the purchaser or purchasers thereof shall in no event be
responsible or charged with the proper application of the funds derived from the sale thereof. That the
Council is hereby authorized and empowered each year at the time of making the annual tax levy for City
purposes to include in. such levy a sufficient amount to meet the payment of principal and interest on said
Page 12 of 16
ASHLAND CITY CHARTER
Hospital Bonds as same shall be come due, and this authority shall be in addition to all Charter and
Oregon Constitution debt limitation.
ARTICLE 18 Cemeteries Trust Fund
Section 1. The Council is hereby authorized and empowered each year, at the time of making the annual
levy for City purposes, to include in such levy a sum equal to but not to exceed one :mill on each dollar of
assessed valuation of property within the City, which sum shall be used for the purpose of maintenance
and upkeep of cemeteries held by, or under control of the City of Ashland. Such levy shall not be within
the limitation of taxation provided by law. Provided further that each year from the proceeds of such
levy the Council shall set aside in a permanent trust fund the sum of $500.00, the income from which
shall be used to carry out the purposes mentioned herein. When such trust fund shall have accumulated
to such an extent as to provide sufficient income for the purposes for which same was created, then no
further tax levy shall be made thereafter.
Section 2. The Council is hereby given authority to receive control, for and on behalf of the City of
Ashland, or any privately-operated or owned cemetery within the said City for the purpose of providing
proper upkeep and maintenance of any such cemetery, said Council to receive such control only upon
conditions as to it may seem for the best interests of the City.
Section 3. The Council is hereby authorized to create such funds as, in its discretion, may be necessary
for the purpose of keeping and maintaining in proper condition the cemeteries within or adjacent to the
City of Ashland, and under the jurisdiction of said Council, and is further authorized from any monies
received from sale of cemetery lots, to specifically create a trust fund for the perpetual upkeep of the lots
so sold, and is further authorized to contract with the purchasers of any lots so sold, on behalf of the City
of Ashland, for the perpetual upkeep of said lots on such terms and conditions as said Council may deem
best for the protection of said City.
Section 4. The Council is hereby authorized to accept any bequests or donations for the purposes
mentioned herein on behalf of the said City, which donations or bequests shall become a part of said
permanent trust fund, unless specified otherwise when any such bequests or donations are given.
ARTICLE 19 Park Commission
Section 1. Dedication All those lands specified by the Charter Amendment of December 15, 1908 and
May 13, 1912, are hereby reserved and forever dedicated to the people of the City for park purposes and
shall never be sold, leased, encumbered or used-for any purpose inconsistent therewith; provided,
however, that such public buildings as may enhance the beauty of said park, or that shall not detract
therefrom, may be constructed if so directed by a majority vote of the electors of said City; and provided
further, that nothing contained in this act shall be construed so as to impair or interfere with proper
construction or operation of the City's light, power or water system.
Section lC. That the Ashland Park Commission, with the consent of the Common Council, shall have
the authority to lease to the Oregon Shakespearean Festival Association, a non-profit corporation of the
State of Oregon, any portion of Lithia Park described as follows, to-wit:
That certain property commencing at the northeast comer of the Chamber of Commerce
building; thence, southerly along the base of the hill to southern side of pond in lower
park; thence, east to ditch carrying water to waterfall; thence, southerly along ditch 150
feet; thence, east 110 feet to west side of Hargadine Street; thence, northerly on west line
Page 13 of 16 -
ASHLAND CITY CHARTER
of Hargadine Street to northeast comer of park property; thence, following the
meandering north line of park property to place of beginning, containing approximately
two acres for the purpose of remodeling and expanding the present Festival theatre and
the construction of additional buildings which are hereby designated as public buildings
for use by the Oregon Shakespearean Festival Association for any of the purposes
authorized by the, corporate charter of said association, said use to be on such terms and
conditions as the Ashland Park Commission, with the consent of the Common Council,
deems in the best interests of the City; provided, however, that any lease shall not exceed
a period of nin~ety-nine (99) years.
Section 2. Park Commission The certain board created by a vote of the qualified electors of the City of
Ashland, Oregon, at a special election held on the 15th day of December, 1908, which became effective
by the proclamation of the Mayor published on the 17th day of December, 1908, and known and
designated as the "Ashland Park Commission", be and the same, as constituted and created by said
Charter amendment, and as now existing, is hereby perpetuated and continued as five (5) members with
all the powers conferred and duties imposed by said Charter amendment and ordinances of the City of
Ashland.
Provided, that at the general biennial election to be held on the first Tuesday after the first Monday in
November, 1920, two commissioners shall be elected to serve for the term of four (4) years from the first
day of January, 1921,, and that at the general biennial election to be held in November, 1922, three
commissioners shall be elected to serve for the term of four (4) years from the first day of January, 1923,
and that the term of office for each succeeding commissioner shall be four (4) years unless elected to fill
a vacancy, in which event he/she shall be elected to serve until the first day of January following the next
succeeding biennial election after any such vacancy. Provided, further, that each of the commissioners
now constituting the present Ashland Park Commission shall hold office for the term for which he/she
was elected, and until his/her successor is elected and qualified.
Section 3. Funding The said Park Commission shall have control and management of all the lands here
dedicated for park purposes and of all other lands that may hereafter be acquired by the City for such
purposes. They shall have control and management of all park funds, 'whether the same is obtained by
taxation, donation or otherwise, and shall expend the same judiciously for beautifying and improving the
City's parks.
It shall .be the duty of said Commission and they shall, at the beginning of each month, file with the City
Recorder for the information of the City Council and the public, a report of their doings for the preceding
month. Such report shall specify all funds on hand and the source from whence obtained. It shall carry a
clear statement of all monies expended and for what purpose. All purchases made and all labor
performed, together with the cost thereof, shall be embodied in said report. At the time for making the
tax levy for general City purposes in each year, the said Commission shall cause a careful estimate to be
made of the money required for park purposes for the-ensuing year and file the same with the City
Recorder, whereupon there shall be included in said general levy not to exceed four and one half (4-1/2)
mills on the dollar to meet such requirements, which, when collected, shall be deposited with the City
Recorder subject to the order of said Commission. The levy herein authorized shall be outside the
limitation on taxation set forth in Article XI, Section II of the Constitution of Oregon.
Section 4. Salary.: Government The said Commission shall serve without pay and shall have power to
formulate and adopt rnles and regulations for their government and for the purpose of carrying into effect
the purposes of their creation as Park Commission. They shall enter upon the discharge of their duties
immediately upon their organization and shall, as soon as may be expedient, cause a map or maps to be
made of the lands herein dedicated, and shall make the same conform to the descriptions contained in the
Page 14 of 16
ASHLAND CITY CHARTER
instruments by which said City obtained title thereto; which said instruments shall be considered as
carrying a more specific description of said lands.
ARTICLE 19a Open Space Park Program
Section 1. Creation, Powers and Duties An Open Space Park Program is hereby created to be
administered by the Ashland Park Commission. The Park Commission shall make recommendations to
the City Council concerning priorities for land and easement acquisitions for the Open Space Park
Program. After dedication of land to the Open Space Park Program, the Ashland Park Commission shall
be responsible for the administration, development and operation of such lands.
Section 2. Land and Easement Acquisition Procedures Both the Ashland Park Commission and the City
Council must agree upon land or easements to be acquired for open space park purposes. Before any
land or easements that have been acquired for the Open Space Park Program are disposed of and released
from the Program there shall be a public hearing. Disposal shall be by Ordinance, which shall not
contain an emergency clause, thus giving to the people of the City of Ashland the opportunity to petition
for a referendum. Land or easements acquired for open space park purposes shall be dedicated by the
City Council for such purposes. Such dedicated lands or easement shall be under the control and
management of the Ashland Park Commission. The City Council shall not use the power of
condemnation to acquire fee simple ownership of any land for Open Space purposes or for trails.
(Amended 8-14-90)
Section 3. Resources Monies dedicated to the Open Space Park Program shall be expended only for
Open Space lands or easements, for costs of acquisition and for such other purposes pertinent to the
Open Space Park Program as the Council and Park Commission may jointly determine. All monies
dedicated for acquisition of Open Space Park Program lands shall remain under the financial
management of the City of Ashland.
The tax measures for funding for land acquisition for the Open Space Park Program shall be approved by
'the voters, and the tax rates approved therein by the voters shall not be altered for Open Space purposes
by the City Council without further approval by the electorate. Said tax measures for funding of the
Open Space Park Program shall expire on December 31, 2010, unless extended by a vote of the
electorate. (Amended 8-14-90)
Section 4. Definition and Purpose of Open Space Park Lands The definition and purpose of open space
park lands shall be as defined in State Law, ORS 308.740, or as modified by Ordinance of the City of
Ashland. (Amended 5-15-90).
ARTICLE 20 Municipal Airport ,
Section 1. Power The City of Ashland is hereby given the power and authority to acquire, own, conduct
and operate a municipal airport either within or outside the limits of the City of Ashland, under the
authority and direction of the Council.
ARTICLE 21 City Band
Section 1. At the time of making the tax levy for general City purposes each year, the Council shall
cause a careful estimate to be made of the money required for the purpose of a City Band for the ensuing
year, such estimate shall be presented and considered with the other items in the annual budget and there
Page 15 of 16
ASHLAND CITY CHARTER
shall be included in the general levy for the ensuing year not to exceed six-tenths (.6) mills on the dollar
for such band requirements, which fund, when collected, shall be deposited with the City Recorder,
subject to the order of' the Council.
ARTICLE 22 Recreation Commission
Section 1. The Ashland Recreation Commission is hereby created to be composed of the five (5)
Ashland Park Commissioners and their terms of office shall be the same.
Section 2. The powers and duties of the Recreation Commission shall be as set forth in this Charter, the
Ordinances of the City of Ashland, and by any other applicable law.
Section 3. Any funds to be spent by the Recreation Commission for recreation purposes shall be from
such funds as may be appropriated from time to time by the City Council, and in no event shall any funds
be spent for recreation purposes that are received pursuant to Article XIX of this Charter and which
relates to the Park Co~nmission and a levy for park purposes.
Page 16 of 16
CiTY -OF
: SHLAND
Council Communication
Title: A Resolution Dedicating Property for Open Space Park Purposes Pursuant to Article
XIXA, Section 2, of the City Charter (Zaller and Geddes Property Located at 755 Oak
Street)
Dept: Legal Department
Date:submitted By: AprilMichael W. Frane)~ough Paul ltl~~e20' 2004
Approved By: Gino Grimaldi /~
Synopsis:
This resolution dedicates property purchased by the city earlier this month for open space purposes. The
property was purchased, from John R. Zaller and Barbara J. Geddes with open space funds.
Recommendations:
Move to adopt the reso][ution.
Fiscal Impact:
None. The property was purchased in April 2004 for $63,740.29 with open space funds as authorized by
the council.
Background:
The council approved purchase o£this property £or open space purposes at its February 17, 2004,
meeting. The Parks and Recreation Commission previously recommended the purchase at its
December 1 $, 2003, meeting. The property transaction closed-on April 2, 2004. Article XIXA, Section
2, of the city charter requires that land acquired for open space purposes shall be dedicated by the
council for such purposes.
Attachments:
Proposed resolution.
Copy of the February 17, 2004, Council Communication from Don Robertson.
Map of property.
Copy of Don Robertson's February 11, 2004, memorandum to Council.
1- G:~legal\PAUL\PARKS\Dedicate Zaller-Geddes property cc 0404.wpd
RESOLUTION NO. 2004-
A RESOLUTION DEDICATING PROPERTY FOR OPEN SPACE PARK
PURPOSES PURSUANT TO ARTICLE XIXA, SECTION 2, OF THE CITY
CHARTER (ZALLER AND GEDDES PROPERTY LOCATED AT 755 OAK
STREET)
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The below described property is dedicated for open space park purposes
pursuant to Article XIXA, Section 2, of the Ashland City Charter:
Parcel No. 3 of Partition Plat recorded March 16, 2004, as Partition Plat
No. P-11-2004 of "Record of Partition Plats" in Jackson County, Oregon,
and filed as Survey No. 18168 in the Office of the County Surveyor.
SECTION 2. This resolution takes effect upon signing by the Mayor.
This resolution was read by title only in accordance with Ashland Municipal Code
§ 2.04.090 and duly PASSED and ADOPTED this day of
2004.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of ,2004.
Alan W. DeBoer, Mayor
Reviewed as to form:
Paul Nolte, City Attorney
PAGE l-RESOLUTION DESIGNATING PROPERTY FOR PARK PURPOSES
(GAlegaI~PAUL\PARKS\Dedicate Zaller-Geddes Property Reso 0404.wpd)
CITY OF
-ASHLAND
Council Communication
Title: Purchase of Ashland Creek Open Space Property (Zaller and Geddes, 755 Oak Street)
Dept: Parks Department
Date: February 17, 200fi~q
Submitted By: Don Robertson III/
Approved By: Gino Grimaldi ~5/
Synopsis:
Purchase of approximately .4 acre of property adjoining Ashland Creek at the north end of the Vogel
property (map attached) for open space purposes and a conditional trail easement for $60,000 plus
survey costs of approximately $3,400.
Recommendations:
Approve the purchase of the property and authorize the mayor and staff to execute all documents
necessary for the purchase.
Fiscal Impact:
The'purchase will require approximately $63,400 to be charged from open space funds.
Background:
The Ashland Parks and Recreation Commission recommends purchase of the property as noted and
explained in the attached memo. The trail easement would nm from the north end of the property being'
purchased through the length of the adjoining parcel, which is approximately 150 feet. This adjoining
property is also owned by Zaller and Geddes. The trail is conditioned on not being used for ten years,
and then only if the city' obtains all other property or easements to make a continuous trail between
Hersey and Nevada Streets.
Attachments:
Map.
Memorandum from Don Robertson.
G:~egaI~PAUL~PARKS~Zaller purchase cc.wpd
Staff Exhibit A
Proposed 20'
Easement
__ Subject
Property
ti ,
150
SOURCE: CITY OF ASHLAND
0
Scale: 1' -150'
2' contours
MEMORANDUM
TO :
FROM :
DATE :
SUBJECT :
Ashland City Council
Don Robertson, Director
February 11, 2004
755 Oak Street
ACTION REQUESTED
Approve purchase of property at 755 Oak Street.
BACKGROUND
On December 15, 2003, at its regular meeting, the Ashland Parks and Recreation
Commission reviewed and approved the agreement to purchase the property located at 755
Oak Street.
This.parcel of property was identified during the planning of the Open Space Master Plan.
The plan called fbr purchase of properties located along Ashland Creek for a furore trail
connection and riparian preservation. The plan also designates that all properties purchased
will be negotiated with willing sellers at fair market value. Staff negotiated for the property
purchase and an additional easement across adjacent property owned by the same family.
The purchase will include 200 feet of creek frontage along with the additional 150 feet of
pedestrian access easement along the creek. One stipulation of the easement is that it will
not be active until. 2014. Total acreage will be slightly less than an acre.
The price of the land, easement, and survey costs will be $63,400. This price is very
comparable to other similar property purchases.
The Commission recommends approval of the purchase of the property located at 755 Oak
Street and the adjacent easement.