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Home My WebLink About1990-1204 Council Mtg PACKET Important: II. III. IV.. Any citizen attending Council meetings may speak on any item on the agenda. unless it is the subject of a public 'hearing which has been closed. If you wish to speak. please rise and aft~ you have been recognized by the Chair, give your name and address. The Chair will then allow you to speak and also 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. . Yz ~ AGBIIDA POll '1'JIB IlBGUL1\1l lIBB'lIBG AS.LUII) CITY COUIICIL DBCBHBBIl 4, 19'0 I. PLEDGE OF AT.T.'Rt:IANCE: 7:30 P.M., Civic Center Council Chambers ROLL CALL ~/.. APPROVAL OF MINUTES: Regular Meeting of November 20, 1990. SPECIAL PRESENT~TIONS & AWARDS: 1. Proclamation: "The Week of the Foster Child in Ashland". V. CONSENT AGENDA: 1. Minutes of Boards, commissions & COlll1lli ttees. -2. Report by Street Scene Committee on status of fund-raising effort. 3. Set public hearing for proposed ban on phosphates for Wednesday, January 2, 1991. 4. Memo from City Attorney concerning Thormahlen vs. Ashland and Shakespeare. VI. PUBLIC HEARINGS: 1a) To consider concerns expressed by Ashland School Board regarding the capacity of school facilities; and b) To determine whether the City council should include school capacity as an additional issue to be considered in connection with the remand by'L.U.B.A. of P.A. No. 89-170, a request for a C.U.P. to allow construction of a 96-unit housing project on Hersey Street in the E-1 (Employment) District. (Mike Mahar/Pacific Trend,. applicants) VII. . UNFINISHED BUSINESS: 1. Request by David Lane, 1700 E. Main Street, for connection to city se~er system. 2. Recommendation from Bike Commission that request be forwarded to State Highway Division for removal of "Bikes on Sidewalk" signs on Siskiyou Boulevard. VIII. NEW & MISCET.TANEOUS BUSINESS: 1. Presentation by Mayor of proposed watershed fire reduction program. 2. Request by U.s. West to cut newly paved alley near Hersey and Skidmore streets. IX. PUBLIC FORUM: Business ,from the audience not included on the agenda. (Limited to is minutes) X. ORDINANCES. RESOLUTIONS , CONTRACTS: /1. ~t'''~.5 J2. L )3. rf(),,5tJ :;tr'TC)_a-S-l. First reading of an ordinance setting a public hearing on an annexation and withdrawal from Fire Dist. No. 5 for property at 209 Crowson Rd. Resolution declaring canvass of vote and Mayor'S Procla- mation concerning special 'election held on November 6, 1990. Resolution authorizing participation in H.U.p. federal housing assistance programs through the Jackson County Housing Authority. Resolution initiating foreclosure proceedinqs.onunpaid Local Improvement District liens. XI.. OTHER BUSINESS FROM COUNCIL MEMBERS XII. ADJOURNMENT MINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL NOVEMBER 20, 1990 CALL TO ORDER Council Chair Pat Acklin led the Pledge of Allegiance and called the meeting to order at 7:30 P.M. on the above date in the Council Chambers. Laws, Williams, Acklin, Winthrop, and Arnold were present. Mayor Golden and Councilor Reid were absent. APPROVAL OF MINUTES Acklin said Harry Lawrence requested deletion of the third sentence in the discussion of the Open Space Land donation on page three of the November 6, 1990 minutes and all agreed. The minutes of the Executive Session and amended minutes of the Regular Meeting of November 6, .1990 were placed on file. SPECIAL PRESENTATIONS & AWARDS L.O.C. Safety Award: Purchasing Agent Mike Biondi accepted the Safety Award which was presented to the City at the League of Oregon cities Conference in November. CONSENT AGENDA Arnold.moved to adopt the Consent Agenda as follows: 1) Letter of resignation from City Attorney effective Karch 31, 1990; and 2) Kemo from Senior Program Board relative to grant application for bus replacement. Laws seconded and the motion carried on voice vote. Councilor Acklin thanked City Attorney Salter for many years of service to the city. NEW & MISCELLANEOUS BUSINESS Pavement cut Reauest: Prem Dhanesh , 332 otis Street, requested reconsideration of a previous Council decision in which he was denied permission to cut pavement under moratorium at 481 willow st. His mother, Pearl Jensen, is owner of the property. Dhanesh read a petition with signatures of residents in the area of Elizabeth st., otis st., and willow st., supporting his request, and said an existing crack in the pavement will be fixed if his request his granted. Winthrop said it is reasonable to grant the request if the neighborhood residents agree. Arnold said the moratorium should be upheld and moved to deny the request for reconsideration. Winthrop seconded the motion. Laws said an exception should be made if the owners were not told of the moratorium when the property was purchased. The motion failed as follows on roll call vote: Laws, Williams, Acklin, and winthrop, NO; Arnold, YES. Laws moved to grant the pavement cut request, winthrop seconded, all YES on roll call vote. Regular Meeting - Ashland City Council -.November 20, 1990 - P. 1 PUBLIC FORUM: Robert Johnson, N. Mountain Ave., asked about holes in the new pavement on Mountain Ave., and was requested to call the Public Works Director about it. ORDINANCES. RESOLUTIONS & CONTRACTS: Hillview Drive Vacation: Second reading by title only of an ordinance vacating Hillview Drive from Crestview Drive adjacent to 1800 Crestview and reserving an easement in favor of the City of Ashland. Winthrop moved to adopt same, 'Arnold seconded, and the motion passed unanimously on roll call vote. (Ord. 2601) Anderson/Diamond ComD. Plan MaD Amendment: Second reading by title only of an ordinance adopting an amendment to the Comprebensive Plan Map from High Density Residential and Single Family Residential to MUlti-Family Residential. Wi~liams moved to adopt same, Winthrop seconded, all YES on roll call vote. (Ord. 2602) Anderson/Diamond Re-zone: Second reading by title only of an ordinance re-zoning property from R-J and R-1-7.5 to R-2.' Winthrop moved to adopt same, Williams seconded and the motion passed unanimously on roll call vote. (Ord. 2603) Grades on Flaa Drives/Driveways: Second reading by.title only of an ordinance amending the Municipal Code Land-use Ordinance with respect to restricting allowable grades on driveways and flag drives. Laws moved to adopt same, Williams seconded, all YES on rqll call vote. (Ord. 2604) vision Clearance Standards: Second reading by title only of an ordinance amending the Land-use Ordinance prohibiting variances to vision clearance standards. Williams moved to adopt same, Laws seconded, all YES on roll call vote. (Ord. 2605) Amend KuniciDal Code reI BicYcles: Second reading by title only of an ordinance amending the Municipal Code to modify and're-enact in its entirety Chapter 11.52 relating to bicycles. Williams moved to adopt same, Laws seconded, all YES on roll call vote. (Ord. 2606) UnnecessarY Noises: Second reading by title only of an ordinance concerning unnecessary noises and neighborhood characteristics, and declaring an emergency. Winthrop moved to adopt same, Arnold seconded and the motion passed on roll call vote with Laws dissent- ing. Laws is not in favor of the emergency clause. (Ord. 2607) will Dodae Way: A resolution was read declaring same as one-way southbound between pioneer and First st. Arnold moved to adopt same, Winthrop seconded, all YES on roll call vote. (~eso. 90-51) Land Appropriation: postponed. Regular Meeting - Ashland city council - November 20, 1990 ~ P. 2 Mt~ Ashland Ski Area: A resolution was read endorsing Alternative No. ,6 of the Draft E.I.S. for the ski area"s proposed expansion. winthrop said his firm participated in preparation of the draft EIS and he will abstain from voting. Susanne Krieg said development of the South slope should wait until a thorough EIS has been completed. cynthia Lord, 710 N. Mountain, said there should be no commercial development on the South side. williams noted that the document is conceptual only and further studies will be done and plans drawn. Winthrop said each project will require an environmental assessment. Williams moved to adopt the resolution and Arnold seconded. Arnold said the ski area is important to the economic viability of the town and Alternative no. 6 has answered City concerns. The motion passed on roll call vote with Winthrop abstaining. (Reso. 90-52) Audit committee: A resolution was read repealing Reso. 84-14 which established the Municipal Audit Committee. Al Willstatter, 128 Central, asked that Council ask for public input before taking action. Laws said this Committee should be re-examined at the same time other commissions and committees are reviewed, and the Mayor should be present during discussions. Arnold said he spoke with Mayor Golden and she did not object; he then expressed appreciation to members of the Audit Committee. Winthrop suggested postponing this item and getting public input. Laws moved to table the issue until the other commissions and~committees are reviewed, Winthrop seconded, all YES on voice vote. OTHER BUSINESS FROM COUNCIL MEMBERS: Arnold asked that the Bicycle Commission's request to remove signs from the Siskiyou Blvd. path be placed on the next agenda. Martin Luther Kinq, Jr.'s Birthdav: Arnold requested that the banner fee for the celebration be waived and that informational inserts be placed in the utility bills. Arnold moved to place this item on the agenda, Williams seconded, all AYES on voice vote. Winthrop moved to approve the requests, Williams seconded, all AYES on voice vote. Arnold said a program will be held on January 21 at noon at the Ashland High School, and urged everyone to attend~ Watershed Volunteers: Acklin asked that a report be presented at the next mee'ting. Affordable. Housinq: winthrop reported that proposed ordinances will be coming before Council soon. He will be meeting with Planning Staff and.Rey Ramsey of the Oregon Housing Agency on November 22nd. Laws asked that he find out why Ashland is not on the eligibility list for Farmers Home Administration funding., and winthrop agreed. to do so. December 4th Public Hearinq: Laws asked that the hearing on school capacity be the only item on the agenda, if possible. ADJOURNMENT: The meeting adjourned at 8:48 P.M. patricia Acklin Acting Mayor Nan E. Franklin city Recorder Regular Meeting - Ashland City Council - November 20, 1990 - P. 3 ASHLAND PLANNING COMMISSION HEARINGS ~OARD MINUTES NOVEMBER 13, 1990 CALL TO ORDER The meeting was called to order at 1 :40 p.m. Vice Chairman by Brent Thompson. Michael Bingham was present also. Staff present were Mclaughlin, Molnar and Yates. APPROVAL OF MINUTES AND FINDINGS The Minutes of the October 9, 1990 were approved as corrected as follows: Planning Action 90-185, under Commissioners Discussion and Motion, "...had Nova Drive not been located... H insert "where it was", delete "that". The Findings were approved as corrected as follows: The existing driveway would serve the existing house and the owner could access the driveway from Tolman Creek. If that does not work and . the owner needs to put a driveway on Nova, there would be a shared access. TYPE II PUBLIC HEARINGS PLANNING ACTION 90-193 REQUEST FOR MINOR LAND PARTITION TO DIVIDE AN EXISTING PARCEL LOCATED AT 384 HELMAN INTO.1WO LOTS, THE REAR BEING A FLAG PARCEL. APPLICANT: PATRICIA ZOLINE Site visits were made by ,all. STAFF REPORT This action was called up for a public hearing after Thompson's question about the greenway. The applicant has agreed to sign in favor of a conservation easement. There is a small band of land between the creek and her property's edge. PUBLIC HEARING PATRICIA ZOLINE, 80 Nutley Street, stated that the property line probably did originally .go to the water's edge. The Vogel's (neighbors acrossthe creek) description goes to the creek edge on their side and Zoline believes there is a possible property dispute. Through a lengthy legal process this could' be resolved, but it is not worth it to Zoline. She is willing to provide a conservation easement. COMMISSIONERS DISCUSSION AND MOTION Bingham moved to approve 90-193 with the attached five conditions. Thompson seconded the motion. ,PLANNING ACTION 90-196 REQUEST FOR FINAL PLAN MODIFICATION FOR THE PREVIOUSLY APPROVED WRIGHTS CREEK SUBDIVISION. MODIFICATIONS INCLUDE CHANGING THE BUILDING ENVELOPES FOR LOTS 1, 3, 4, and 5 TO ALLOW FOR THE CONSTRUCTION OF OUTDOOR DECKS. APPLICANT: STEVE MORJIG Site visits were made by all. Bingham met with Steve Morjig and walked portions of lots 3 and 4 and Morjig explained how he intended to modify the building envelopes. STAFF REPORT McLaughlin reviewed the history of this planning action. This modification involves lots 1, 3, 4, and 5. All of the trees were not surveyed at the time of final plan, thus necessitating a change. When the applicant begins building on sloped areas, he can best provide, outdoor space through -flat decks. Molnar said in Lot 1, an area was "notched outll. where it was assumed the tree would be retained. That tree is actually about 10 to 12 feet away and would not be lost. Molnar read the criteria for approval. PUBLIC HEARING STEVE MORJIG, 610 Chestnut, said that the lInotched" area is nowhere near the area he plans to build. He is asking for 15 feet in on Lot 1 in order to save. the tree and to build further away from the street. He is requesting the modification in order to have . an area for low-lying decks. The other option 'would be to terrace the earth and use retaining walls, . but did not feel this would be healthy for the root structure of the trees. Morjig thought the existing house had approximately 700 square feet of deck area. BERNIE CUNNINGHAM, 545 Wrights Creek Drive, requested this public hearing so if anything does not go according to what had been requested by the applicant, he would have the right to appeal. He' does not object to the decks being added to the east or west of the proposed houses. Cunningham submitted written information. BILL CROSS, 715 Grandview Drive, had concerns with solar access. Cross wanted to be sure any deck built would be required to meet the provisions of the solar access ordinance. He is not aware of whether a deck is considered a structure under solar access. The culvert was not considered a structure - how about a deck? Mclaughlin said a condition could be added stating no solar waivers be granted. Mclaughlin said anything over 18 inches grade height is considered a structure. Cross was most concerned about solar access on Lots 2 and 3. Morjig had. no objection to an added condition. ASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES NOVEMBER 13, 1990 2 -,-- COMMISSIONERS DISCUSSION AND MOTION Bingham moved to approve P A9Q-196 with the attached conditions and add a condition that the extension of the building envelope on Lots 2 and 3 not be subject to a solar variance at any point in the future. Thompson seconded the motion. PLANNING ACTION 90-197 REQUEST FOR A CONDITIONAL USE PERMIT TO AllOW ALTERATION OF A 'NON-CONFORMING STRUCTURE AT 447 ROCK STREET. APPLICANT: MICHELE SMIRl Thompson owns the house across the street at 126 Nursery Street. Bingham had a site visit. STAFF REPORT Mclaughlin reminded the Commissioners that last month garage elevations were the concern. There will bea one car garage and the remainder in living space - a' bedroom or small loft. There has been a slight change in grade by putting in a foundation. The Historic Commmission recommended approval and Staff recommended approval. PUBLIC HEARING RICHARD WAGNER, 349 E. Main Street, architect, explained this was an expansion of the kitchen area and expansion of the family room. COMMISSIONERS DISCUSSION AND MOTION Bingham moved to approve PA90-197 with the attached four conditions. Thompson seconded the motion. TYPE I PLANNING ACTIONS PLANNING ACTION ~204 . REQUEST FOR A FENCE HEIGHT VARIANCE AT 337 OAK STREET. APPLICANT: MICHAEL VAN AUSDALl Thompson did not have a problem with this action if the fence is actually six feet in height However, he felt it,was closer to seven feet and. since the applicant has stated that the fence is six feet then that is what it should be. The enforcement officer will check the height. This action was approved. ASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES NOVEMBER 13, 1990 3 PLANNING ACTION 90-207 . REQUEST FOR CONDITIONAL USE PERMIT FOR TRANSFER OF OWNERSHIP OF AN EXISTING TRAVELERS ACCOMMODATION LOCATED AT 325 N. MAIN. APPLICANT: MICHAEL MEGORDEN' This action was approved. PLANNING ACTION 90-210 REQUEST FOR A CONDITIONAL USE PERMIT FOR A MEDICAL OFFICE IN THE BASEMENT OF THE LINDA VISTA CARE CENTER FACIUTY LOCATED AT 135 MAPLE STREET. APPLICANT: LINDA VISTA CARE CENTER Thompson might be an affected property owner. He owns property at 548 Rock Street. This action was approved. PLANNING ACTION 90-212 REQUEST FOR A VARIANCE TO FRONT YARD SETBACK REQUIREMENTS FROM 20 FEET TO 17 FEET FOR A GARAGE LOCATED AT 199 HERSEY STREET. APPLICANT: MARVIN WILLIAMS This action' was approved. Thompson and. Bingham favored decreasing the size of a front yard setback, particularly in the older areas of town. PLANNING ACTION 90-213 ASHLAND PLANNING COMMISSION HEARINGS. BOARD MINUTES NOVEMBER 13, 1990 4 REQUEST FOR SITE REVIEW FOR A TWO~STORY OFFICE BUILDING LOCATED' ON PIONEER STREET BETWEEN A AND B STREETS. APPLICANT: ERIK WALLBANK This action was called up for a public hearing. PLANNING ACTION 90-215 ' R.EQUEST FOR APPROVAL OF A MINOR LAND PARTITION TO DIVIDE AN EXISTING PARCEL LOCATED AT 240 HERSEY STREET INTO THREE PARCELS. APPLICANT: DENIS TONEY This action was approved. PLANNING. ACTION 90-216 REQUEST FOR A HEIGHT VARIANCE TO ALLOW THE RELOCATION OF AN EXISTING MICROWAVE DISH AND TOWER ON THE ROOF OF CENTRAL HALL LOCATED AT SOUTHERN OREGON STATE COLLEGE. APPLICANT: SOSC This action was approved. ADJOURNMENT The meeting was adjourned at 3:30 p.m. ASHLAND PLANNING COMMISSION HEARINGS BOARD - MINUTES NOVEMBER 13, 1990 5 ASHLAND PLANNING COMMISSION REGULAR MEETING NOVEMBER 13, 1990 MINUTES CALL TO ORDER The meeting was called to order by Chairman Neil Benson at 7:10 p.m. Other members present were Powell, Bernard, Benson, Medinger, Jarvis, Harris, Thompson, and Bingham. Carr arrived during Planning Action 90-171. Staff present were Fregonese, Mclaughlin, Molnar and Yates. . APPROVAL OF MINUTES AND FINDINGS The Minutes of the October 9, 1990 Regular Meeting were approved as corrected. On page 6, paragraph a, instead of "Harris was having, difficulty meeting the Variance criteria", change to "Harris was having difficulty finding evidence to meet...". The. Findings for October 9, 1990 Regular Meeting were approved. TYPE III PLANNING ACTIONS PLANNING ACTION 90-171 REQUEST FOR REVISIONS TO THE ASHLAND MUNICIPAL CODE - LAND USE ORDINANCE - REGARDING SECTION 18.24.030 AND 18.28.030 RELATING TO MODIFICATION OF APPROVAL CRITERIA FOR TRAVELLER'S ACCOMMODATIONS. STAFF REPORT This action involves revisions to the current traveller's accommodation ordinance. Some areas of the ordinance are vague and uncertain. A draft was presented at a recent study session. A copy of the revisions were mailed to the traveller's accommodation industry. Using the combined comments, Mclaughlin stated he believed Staff has come up with appropriate revisions'. Mclaughlin covered each item. Medin.ger wondered if the 200 feet from a collector street rule would limit homes in the railroad district from converting to traveller's accommodations. He referred to the' Romeo's letter and asked if they would lose their Conditional Use Permit if the property were sold. Mclaughlin said that a change of ownership would not affect them because they were granted a variance. Harris felt that in order to minimize the impact on the industry (see paragraph 6 on page 5 of Staff Report) suggested, "all applications received prior to December 1, 1990...'1. Carr arrived at 7:25 p.m. Medinger was concerned about the illumination of signs in a residential area and that there should be some kind of control restricting direct rays of light onto neighboring property and perhaps a timer that would shut off the light at midnight. PUBLIC HEARING JIM SIMS, 269 B Street, is the owner of a two-unit traveller's accommodation and is President of the Lodging Association. He believed that the proposed changes set parameters within the industry without being punitive.' The industry agreed with having business owners as those required to live on the premises. The industry felt that this intent would even be satisfied if managers lived on the premises. For instance, doctors offices, etc. do not require anyone to live on the premises. This could be addressed with a grandfather clause and this would relieve Chanticleer. Several industry people would be affected by the small room, size requirement. Sims was in agreement with the latest revision on the. 20 year restriction. In addressing the illumination of signs, Sims felt Medinger's concerns were legitimate but also had concerns that guests might have trouble at night finding their way back to their accommodation unless it was lighted. Perhaps Staff should review the lighting standards to make sure it would be appropriate to the location and not adversely affect surrounding property owners. . BRUCE HALVORSEN, 295 Idaho St., owns the Romeo Inn, and is in agreement with Sims. The Halvorsen's are a major exception to several items. Halvorsen agreed with the change in #4 of the Staff Report. When they purchased their property, one of the selling points was th~t they had room for 12 units. The size of the property should determine the number of units. He also believes there is less traffic impact from a traveller's accommodation than from apartments. Halvorsen did not agree with the 20 year limitation. He had just stayed in a traveller's accommodation that had been built last year. New units would fall under new health and safety standards such as in-room sprinkler systems. Halvorsen stated their accommodation was outside the 200 foot limit and if the Commission decided to grandfather everything in, he would want it in writing. An alternative would be to identify Holly or Idaho as a collector street. He noted that on June 14, 1989, City of Ashland Conclusory Findings stated that: H... traffic flow counts have demonstrated that Idaho Street has similar traffic levels to that of a collector street. II ' COMMISSIONERS DISCUSSION AND MOTION Fregonese stated that all traveller's accommodations not yet having gone through their three year review would still be reviewed under the old standards. Harris felt the 20 year restriction was very arbitrary and with some type of Historic Commission review, homes could be allowed that fit the character of what citizens are 2 ASHLAND PLANNING COMMISSION REGUlAR MEETING MINUTES NOVEMBER 13, 1990 --, --.--.----- looking for in a traveller's accommodation. Fregonese explained originally it was the intent to convert homes from already existing residences to traveller's accommodations. Thompson mentioned that in 1986, there was considerable discussion with Planning Commissioners about not wanting R-2 land going to traveller's accommodations, but wanted the land to provide apartments for residents of Ashland. Commissioners were in agreement to grandfather the appropriate traveller's accommodations. Jarvis moved to recommend approval to the City Council of Planning Action 90-171 as presented by Staff in modified and corrected form.. Under lighting, that Staff be instructed to add language under' Section 3 that would preclude any intrusive light reflection into the neighbors homes or businesses. Under Section 6 that the grandfather clause be added and that the date of November 1, 1990 be changed to the date of the enactment of this ordinance. Thompson seconded the motion. This includes the verbal alteration made by Staff during their presentation - seven units per approved traveller's accommodation with primary lot frontage on or within 200 feet of a , designated collector. The motion was carried unanimously. PLANNING ACTION 90-165 REQUEST FOR REVISIONS TO THE ASHLAND MUNICIPAL CODE - LAND USE. ORDINANCE -' REGARDING 18.20.030 (CONDITIONAL USE FOR ACCESSORY RESIDENTIAL UNITS); 18.92.020 (PARKING STANDARDS); 18.24.020, 18.2'4.030, 18.28.020, AND 18.28.030 (CONDOMINIUMS); 18.88 (PERFORMANCE STANDARDS OPTION); 18.24.040 (BASE DENSITY OF R-2 ZONE AND OUTDOOR RECREATION SPACE REQUIREMENT); AND 18.72.100 C.(DElETE OPEN' SPACE REQUIREMENT OF SITE DESIGN AND USE STANDARD . STAFF REPORT This is. the pared down version of what was presented a couple of months ago. The Conditional Use Permit criteria have been dropped as well a mixed zoning of mixed use in E-1 and residential zoning and annexation crite~ia. These will be reviewed at a later- date. Mclaughlin reviewed the Staff Report. . Jarvis felt it would be. inappropriate to discuss 18.88.080 B at this meeting because the Roca Canyon application would' be heard tomorrow night (November 14, 1990). All other Commissioners wanted to proceed. . Carr did not agree with Staff on 18.20.030 (Conditional Uses R-1 Zones) #5. She explained that the Affordable Housing Committee adopted a report requesting that the one unit be owner-occupied. . ASHLAND PLANNING COMMISSION REGUlAR MEETING ' MINUTES NOVEMBER 13, 1990 3 PUBLIC HEARING Mclaughlin read the letter into record from Jill Murphey. MARK MURPHEY, 492 Unn Street, seconded the letter from Jill Murphey. He did not believe it advisable to delete schools as a key facility since state courts have recognized schools as key public facilities. He agreed that apartments should be should be affordable. He asked for consideration of 1000. square foot maximum. DUANE SMITH, 435 Fenlwood, conveyed that the only way you can actually have low- cost housing is to have mother -in-law ~partments. Students. do not feel it is necessary' to live in something as large as a 1000 square foot apartment. Smith believed we will . lose the lifeblood of Ashland if rents are not affordable. DON GREENE, 375 No'rmal Avenue, stated no 'one is building small units presently because of the density problem. A builder can put the same number of studio apartments as three-bedroom apartments on a lot. Economics are not there. Greene felt Thompson's idea of increasing density for smaller units deserves consideration. There is no incentive to build smaller units even though there is a demand. Greene, who serves. on the State Housing Council, 'said the Council has learned that affordable housing for low and moderate income people cannot be provided by private ASHLAND PLANNING COMMISSION REGUlAR MEETING MINUTES NOVEMBER 13, 1990 4 developers in today's market. The density rollback is trying to force developers to provide this housing. The Housing Council has found, however, that the only way to get the desired results is to create partnerships, tax credits, leasing land, dropping systems development charges, dropping property taxes, etc. COMMISSIONERS DISCUSSION AND MOTION Thompson wanted to make a leap to provide an incentive to build the smaller size. Perhaps count a two-bedroom apartment under.8OO square feet at .9 unit. Jarvis suggested under bonus point calculations, under affordable housing, add units under 400 to 600 square feet, and those units would count for .75 unit. . 18.20.030 Conditional Uses (R-1 Zone) Medinger felt that since J(5) was adopted as part of the Affordable Housing document, . it should not be compromised and it should remain in the ordinance. Thompson 'wanted J(3) to state a maximum of 800 square feet. Jarvis reiterated that one segment of the Affordable Housing document addresses older parents living in 1000 square foot accessory apartments and this size unit would not be that large. Bingham agreed. Harris moved to adopt for Council approval 18.20.030 as set forth in the Staff Report with the addition of J(5). Cart seconded the motion. The motion carried with Thompson and Bingham voting "no". 18.92.020 Spaces Required Jarvis moved to approve and Harris seconded the motion. The motion was carried unanimously. 18.24.020 Permitted Uses 18.24.030 R-2. Conditional Uses ,Carr moved to approve with the addition of language to accommodate the, existing tenants of condominiumized units be given the first right of refusal. Powell seconded the motion and it was carried' unanimously. 18.88.030 A. 4. Carr wanted to include schools as a key facility. Medinger did not believe it is the Commission's job to assess where students are distributed and whether schools. are at capaci~. . . 5 ASHLAND PLANNING COMMISSION REGUlAR MEETING MINUTES NOVEMBER 13, 1990 Harris moved to recommend to approve as set forth in 18.88.030 with the addition of the word "project" or something like project at the end of A. 4. (e). Thompson seconded the motion and it was carried with Carr casting the dissenting vote. 18.88.040 Thompson does not believe that builders understand that density rollbacks are being considered for 10,000 square foot lots and nothing can be achieved in the larger lots by knocking density down and then giving it back if for some reason an affordable housing unit can be gained. . Bingham agreed with Fregonese that there has to be some kind of mix between the densities so if any kind of density rollbacks are going to be applied, it see.ms logical to apply on all. . Medinger said the idea of achieving density in higher priced subdivisions, density bonus points or affordable housing, was for the developer to make a contribution or trade or fund transfer. Jarvis moved to approve 18.88.040. Bingham seconded the motion and it was carried with Thompson casting the dissenting vote. 18.88.080 B. Harris felt it would more appropriate procedurally to make the recommendation after dealing with the specific problem tomorrow night. There will be arguments made tomorrow night by lawyers on the merits of how this ordinance is interpreted. Harris moved to postpone dealing with 18.88.080 B. until November 14, 1990 after the Roca Canyon action has been heard. Carr seconded the motion and it carried with Powell, . Carr, Jarvis, Thompson and Harris voting "yes" and Benson, Bernard, Bingham and Medinger voting "no". 18.24.040 General .Regulations R-2 Zone HarriS moved to adopt the recommendation of 18.24.040 as set forth on pages 9~ 10, 11 & 12 of the Staff Report with the insertion A. (1) "Base density for theR-2 zone shall be 12 dwelling units per acre, however, units of less than 500 square feet will count as .75 units, with the foUowing restrictiQns:..... Carr seconded the motion and it was carried with Bernard casting the dissenting vote. . ASHLAND PLANNING COMMISSION 'REGULAR MEETING MINUTES NOVEMBER 13, 1990 6 TYPE II PUBLIC HEARING PLANNING ACTION 90-218 REQUEST FOR A FINAL PLAN MODIFICATION TO MODIFY THE STREET LOCATION AND LOT LAYOUT FOR A PREVIOUSLY APPROVED 18-LOT SUBDIVISION. MODIFICATION INVOLVES THE RELOCATION OF THE INTERSECTION OF THE PROPOSED LOGAN DRIVE AND MODIFICATIONS OF LOT LINE. APPLICANT: ED HOUGHTON Harris had a conflict of interest and withdrew from the discussion. Site visits were made by all. STAFF REPORT . Mclaughlin explained that this application involves an attempt by the applicant to conform to the Planning Commission and City Council to move the road as far away from the Scenic and Grandview intersection as possible. In the letter submitted by the applicant's engineer the new location meets the grade requirements for this location. The City Engineer concurs. Staff believes the proposed location is appropriate and seems to be in compliance with what has been discussed. Mclaughlin read the final plan criteria. Fregonese spoke to the Commissioners and explained the discussion should adhere to the criteria for final plan. Is this application in conformance? The Commissioners do not need to concern themselves with safety as outlined in the Blanton report. If there is a conflict between a private engineer and the City Engineer, more weight should be given to the City Engineer. The design is not something that. the Planning Commission needs to respond to technically. The City's Engineer has not had an opportunity to respond to the evidence submitted by Blanton tonight, therefore, the Commission has only the opinion of an outside expert. If the Commission finds the information submitted by Blanton relevant, Fregonese advised that they should take verbal testimony tonight, close the public . hearing , leave the record open to allow for written testimony for seven days. Then, read the entire record and vote next month with no oral testimony. Bingham asked about the technical documents being brought in at the last minute. Fregonese told the Commissioners that the material needed to address the criteria and does the intersection meet the intent of outline pla'n. 7 ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES NOVEMBER 13, 1990 PUBLIC HEARING DUANE SCHULTZ, 245 N. W. B Street, Grants Pass, attorney representing the Houghton's. In reviewing the previous record, Schultz addressed Susan Powell's comments. He wanted to confirm with her that at the time the Chair asked for exparte contacts, it was her choice not to disqualify herself and tha~ her objectivity would not be impaired. She agreed with Schultz. *Secretary's Note: Mr. Schultz asked that John Fregonese's comments be made part of the record verbatim. The tape was not running during this part of the meeting and . therefore, Fregonese's comments were summarized. The City Council was not clear as to what the Planning Commission decided on as far as the location of the intersection so it was sent back to the Planning Commission so they could decide where the intersection should be located. This is an approved subdivision but the applicant does not know where to locate the road. The applicant needs to get ground cover and landscaping in to minimize erosion. Schultz asked the Commission not to be swayed unreasonably by.last minute data that does not address the ,issues. The applicant fully intends to comply with whatever City requirements are necessary to meet all City standards. Schultz agreed with Staff's presentation. Under Item 2, Section I, this location does represent an opposite extreme. Schultz read a letter from Gary Cartier, Kauble and Associates, dated Nov~mber 13, 1990 into the record, stating that the new location meets all City standards and applicable criteria. Schultz understood the difficulty of tying the criteria for final plan approval to the modification. He agreed with the three conditions of approval. He is requesting finality by . referring the landscape plan to the Tree Commission. PAUL FISHER, 135 Scenic Drive, supported the modification. TERRY ADAMS, 580 Weller Lane, read comments in support of the Houghtons. . JOHN WELLINGTON, 321 Granite Street, supported the modification. JOANN HOUGHTON, 185 Scenic Drive, said the location of the drive is basically at the site of the pre-existing driveway to their home. They will follow the directive given to them. ANNETTE PAUP, 125 Scenic Drive, supported the modification. JONATHON LANGE, 349 Alta Street, supported the modification. IT WAS MOVED AND APPROVED TO CONTINUE THE MEETING UNTIL 11:30 P.M. 8 ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES NOVEMBER 13, 1990 TIM CUSICK, 167 Church, supported the modification. DAVID HOLLANDSWORTH, 55 Pine Street, supported the modification. JOHN BARTON, 300 Kent'Street, supported the modification. DUANE SMITH, 435 Fernwood, supported the modification. BOB SUlliVAN, 525 Sheridan Street, supported the modification. POKIE ROBERTS, 131 Church S~reet, supported the modification. TOM HOWSER, 363 Grandview, was trying to provide information not .before provided to the Commission. There were errors. in the Staff Report because Staff was not given all the information. Howser was speaking for Mark and Cici Brown, 171 Church Street and Mike Mirsky, 290 Skycrest Drive. Mirsky wanted to know if the Barton subdivision related to anything being heard tonight. It did not. Jarvi~ asked. if Howser's client liked the proposed placement of the road. Howser responded that they did not feel any more certainty about where the road would be placed. They still believe it will be across from the house and that there is not enough information for the City to decide this is the best .location or not. ROBERT BLANTON, Consulting Engineer, 130 W. Ninth Street, Medford, stated there is no place that is six percent grade. He' referred to his letter dated November 12, 1990. Blanton believes this location is unsafe and that the City does not have enough information to make a decision as to the location of the road. His letter. will be made part 'of the record. STEVE BARNETT, 182 Scenic Drive, showed photographs to the Commission. He said the proposed location continues to be in the intersection. Barnett does not believe the grades have been d~termined. He is concerned about the safety of his home. IT WAS MQVED AND SECONDED TO CONTINUE TO MIDNIGHT. BENSON AND JARVIS OPPOSED. JOHN MAYBEN, 160 Scenic Drive, believes the street still runs into the intersection. . . WilliAM FLEEGER, opposed the proposal. SCHULTZ, in rebuttal, felt Howser had offe'red no viable alternative. Schultz asked if Fregonese or Staff could adequately identify and locate the proposed intersection of 9 ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES NOVEMBER 13, 1990 Logan Drive and Scenic. Fregonese stated he was not qualified to do that and would have to ask the City Engineer. The City Engineer has stated he is comfortable with this plan and that it is as the engineer stated but he has not been asked the question specifically as to pinpointing the location of Logan Drive, however, he has no reason to doubt if the location could be ascertained. Bingham asked Shultz if he could assure Bingham that no part of Logan will be directed at the Barnett's driveway. Shultz answered that if a person were to stand in the proposed location of the stakes, the location is clearly south of the existing Barnett residence.' ED HOUGHTON, 185 Scenic Drive, explained that the pin on the plan indicated it was 90 feet from a monument. Over 3000 cu. ft. of dirt will have to be moved to get to about five or six percent grade. He showed a transparency of the first map and overlaid it with the new location showing the location closer toward town. COMMISSIONERS DISCUSSION AND MOTION Fregonese noted in the ordinance that the applicant was required to provide a road profile as part of final plan. Without that, this location cannot be approved. He suggested that the record be left open and accept additional testimony and evidence to ensure there is a road cross-section grade and meets standards set out in outline plan approval and that it is in a specific location that the Public Works Director could locate again. . Thompson moved to meet on December 11 , 1990 and at that time consider the items brought up by Staff lacking from the record: road cross-section, compliance with outline plan approval, a memo from Public Works that the road grades are accurate and can be accurately located. Carr seconded the motion and it .was carried unanimously. The record will be open until December 1, 1990 and the public hearing will not be re-opened. ADJOURNMENT The meeting was adjourned at midnight. ASHLAND PLANNING COMMISSION REGUlAR MEETING MINUTES NOVEMBER 13, 1990 10 ASHLAND PLANNING COMMISSION REGULAR MEETING NOVEMBER 14, 1990 MINUTES CALL TO ORDER The meeting was called to order by Chairman Neil Benson at 7:10 p.m. Other Commissioners present were Bingham, Bernard, Powell, Carr, Jarvis, Thompson and Medinger. Staff present were Fregonese, Mclaughlin, Molnar and Yates. APPROVAL OF FINDINGS The Findings of Planning Action 90-196 (Morjig) were approved. TYPE'III PLANNING'ACTION PLANNING ACTION 90-194 REQUEST FOR REVISIONS TO THE ASHLAND MUNICIPAL CODE - LAND USE ORDINANCE - REGARDING 18.08 (DEFINITION OF MANUFACTURED HOME) AND 18.20.020 (ESTABLISHING STANDARDS ALLOWING MANUFACTURED HOMES AS A PERMITTED USE ON INDIVIDUAL LOTS IN SINGLE-FAMILY RESIDENTIAL ZONES). STAFF REPORT Mclaughlin reviewed the Staff Report. Staff believes the proposed changes would comply with the requirements mandated from the State and recommend approval of this .action. Medinger suggested a technical error - the Staff Report states "three feet for every 12 feet of widthll and if that is read literally, if it were a 24 foot wide mobile home, it would require a six foot high roof. He thought Staff meant three foot and twelve foot run of roof. PUBLIC HEARING No one came forth to speak. COMMISSIONERS DISCUSSION AND MOTION Jarvis moved to recommend adoption by the City Council of Planning Action 90-194. Thompson seconded the motion. Jarvis ame~ded the 'motion to change the wording in 18.08.475 H. (3) by adding a degree or omitting 12 feet of width (Staff's discretion). Thompson seconded the amendment. The motion carried unanimously. OTHER BUSINESS PLAZA ' PRESENTATION Fregonese gave a slide presentation of the evolution of the Plaza. He stated the basic plan has been approved by the Downtown Plan Advisory Committee and the Historic Commission with some slight modifications. Partial improvements to the Plaza should be done in the Spring of 1991. ' PUBLIC HEARING LORRAINE RALLS, 587 Laurel Street, asked about trees. Fregonese said the pine tree has an irregular shape and it will be cut down. Some of the shrubbery will be removed or transplanted. Some lawn will be removed, however, more lawn will be added than will be removed. Parks would undoubtedly use sand based lawn and plant the lawn in the sun. Ralls said she would like to see the pine tree remain. MONA BLANKHOLM, attended the DPAC meeting yesterday and she wondered where Bill Emerson's plan was tonight since there were definite differences in the Cameron . and McCarthy plan and Emerson's. Emerson's contained more curved lines, Cameron and McCarthy's plans had chains and bollards. Emerson's plan had curbs with small lawns. Blankholm believes if citizens can get behind a plan that everyone likes, the community should be able to get the project completed in five years. Fregonese explained that Emerson is working on the plan. He agreed that it was more curved with wider sidewalks, however, the major features were similar. The Committee will be working next week to finalize the plan. , COMMISSIONERS DISCUSSION AND MOTION Medinger was troubled when things are developed to make maintenance people happy. He hoped that when the final plan is completed, it is done so it looks nice and , not so somebody does not have to do quite so much edging. Fregonese said a top quality job would be done, however, the Parks Department is sensitive to putting plants in an environment that is natural for the plants. For instance, lawn under shade with people walking on it, does not work. Jarvis moved to recommend conceptual approval of Emerson's plan. Powell seconded the motion and is was carried unanimously. ASHLAND PARKS COMMISSION RECOMMENDED CLOSURE OF SOUTH PIONEER STREET ASHLAND PLANNING COMMISSION REGUlAR MEETING MINUTES NOVEMBER 14, 1990 2 STAFF REPORT Parks Department would like to close South Pioneer Street to automobile traffic. Staff said this would have little impact on residential areas. There would be a two year trial period. PUBLIC HEARING No one came forth to speak. COMMISSIONERS DISCUSSION AND MOTION Thompson moved to approve. Carr seconded the motion and it was carried unanimously. TYPE .. PUBLIC HEARINGS PLANNING ACTION 90-182 REQUEST FOR FINAL PLAN APPROVAL FOR A 17-LOT SUBDIVISION UNDER THE PERFORMANCE STANDARDS OPTION FOR THE PROPERTY LOCATED AT 766 ROCA STREET. . APPLICANT: FRED. COX CONSTRUCTION Benson did not have an opportunity to listen to the tapes and will not be participating in the hearing. Benson turned the meeting over to Vice Chairman Thompson. Jarvis is a notified property owner. She neglected to mention that at the last meeting. She had dinner with the Pishels and the Hamiltons (applicant) were at the same restaurant. She has a firm and specific. rule to never discuss any matter that would come before the Commission. 'Powell and Medinger missed the last meeting but listened. to the tapes and will be participating in this hearing. STAFF REPORT There were three main issues carried over from last month's meeting. (1) Clarification of the Performance Standards Ordinance regarding lot size in a Performance Standards subdivision under the P-overlay. Included in the packet is a memo trom John Fregonese to Ron Salter, explaining the history of this ordinance and a memo from Ron Salter. ' ASHLAND PlANNING COMMISSION REGUlAR MEETING MINUTES' . NOVEMBER 14, 1990 3 (2) Hydrologic Study - Reviewed by the Public Works Director and by the applicant's engineer in response to a letter from Robert Blanton, Professional Engineer. Included is a memo from Steve H~II regarding his review of Mr. Hardey's calculations and a response from Mr. Hardey to Mr. Blanton. Received tonight is a letter from Mr. Blanton in response to Mr. Hall's and Mr. Hardey's letters. (3) CC&R's - Memo from City Attorney Salter with his review of the CC&R's and ,Staff's review. CC&R's are adequate and Staff recommends deletion of one section. The applicant's engineer has also additional information regarding the preliminary plat. Staff. has reviewed the information and believes the applicant has met the burden of proof and continue with a recommendation for approval with three added conditions as outlined in the Staff Report Addendum. Mclaughlin noted that in Blanton's letter, he has based his calculations on the assumption that th~ Roca water shed would become urbanized. Most of the area is outside the Urban Growth Boundary. Hardey and Hall assume the area will remain as forested land. Fregonese pointed out that the water and street systems are, equipped to handle that area. Thompson said he would be open to comments from the City Attorney. Thompson stated testimony should be limited to: Building Envelopes Covenants,Conditions and Restrictions Performance Standards Urban GroWth Boundary PUBLIC HEARING JOHN HASSEN, Attorney,129 N. Oakdale, Medford, OR, represents the applicant. He referred to the letter from Sandler dated November 13, 1990 and said the density issues have been addressed by John Fregonese, Ron Salter, Staff, Staff Report and by the applicant's memorandum and rebuttal. The City has approved numerous planned unit developments in the P-overlay zone that have lots smaller than the minimum lot size in the parent zone. These include Quail Haven, Park Estates Phase III, Halma Village, Canyon Park Phase II and Vanderlind Homes. In addition, 18.88.100, this provision states, in part: "Developments exercising the performance standards option shall be required to meet, all other applicable standards or sections of the land use development ordinance except for minimum lot size.'1 ,The 4 ASHlAND PlANNING COMMISSION REGUlAR MEETING MINUTES NOVEMBER 14,1990 aforementioned section indicates that in a PUD in the P-overlay zone, the applicant is not expected to meet minimum lot size of the parent zone. With regard to density bonus points that were referred to in the September 13, 1990 Staff Report, there are sufficient points allowed for energy considerations that would allow development of 17 parcels in the subdivision. Hassen believes that the applicant is in substantial conformance with the conditions of outline plan and it would not be appropriate to change the density tonight. The hydrologic study has been addressed by John Hardey and Steve Hall. Both concluded that the drainage system for the project is more than adequate. Hassen said CC&R's and Bylaws have been prepared for the homeowner's association and have been reviewed by the City Attorney and Staff. The applicant agrees to the two conditions by Staff and are willing to delete Sections 7.3 of the CC&R's and agree to add the disclaimer statement to protect the City. Jarvis felt that Hassen. and the City Attorney are basing their position with regard to density on the legislative history being applicable on the basis that this section is ambiguous. Jarvis cannot find ambiguity. She agrees that it does not say what the writer intended to say. It says what it says. She asked Hassen to speak to the ambiguity and how he feels it is a problem. Hassen replied that when the ordinance was written, the easy way to apply it so it would have worked, would have been to say "each" unit in a planned unit development shall have the same minimum lot size as the parent zone, if that was intended. The way the City has construed it historically, is that it has taken in the P-overlay zone, planned unit developments, and most of them have come in with lot sizes smaller that required hi the parent zone. All of that, along with Fregonese's historical perspective, would indicate the City's construction of that proVision is exactly what he suggests it should be and that it does not apply to a situation in which you have more than a one unit PUD. All the other provisions in the ordinance would lead one to believe that the lot size can be less than the minimum lot size in the parent.zone, and in planned unit developments that is generally the case, otherwise there would not be open space. JOHN HARDEY, P. O. Box 876, Medford, OR, applicant's engineer, ' stated that the issue of the building envelopes has been addressed and the revision has been made on the final plat. Hardey. believes that the issue of the hydrologic study and flooding has been addressed by everyone, in depth and he is in agreement with Staff and Hall's letter. Bingham expressed confusion at reading and interpreting Blanton's and Hardeys's reports. He wondered why their opinions were so absolutely contrary to one another. Hardey explained that hydrologic calculations are theoretical. Calculations are based ASHLAND PLANNING COMMISSION REGUlAR MEETING MINUTES NOVEMBER 14, 1990 5 on past experience, history and many other factors. The major cause of the discrepancy is because Blanton based his calculations on potential development outside the urban growth boundary and Hardey's does not. Hardey also differs with' Blanton on some of the coefficients (Blantons' too high). Hardey noted that the culvert near SOSC is already too small (24") at this time and the' storm drain master plan calls for a 36" culvert. Hardey said he would plan to install a trash rack at the south end of the property and that there will be ponds and spillways working through the project. . GARY PETERSON, Attorney, representing Dorman,and Lois Pishel, Je,ni Feinberg and Paul Pavlich said that the building envelope and CC&R issues have been resolved. Peterson referred to Blanton's original letter and he expressed concern that the culvert is undersized and flood water would wash over Oakcrest and cause problems with the fill (no. side of Oakcrest), for City streets and for neighbors below the project. Blanton believes he was very ,careful in his calculations and is concerned that the engineering is simply not adequate. The drainage basin is mostly outside the urban growth boundary. The area outside is zoned by the county as some type of woodland resource zone. Mr. Blanton is merely saying, is it reasonable for the Commission to contemplate a project today and be convinced that for the 'life of the project. the urban growth boundary will not change and the land that is now forest is not going to be developed to some extent. Blanton .felt this was reason enough to factor in a coefficient that would take that into consideration. Peterson asked' the. Commission to consider the consequences if Blanton's calculations are correct. Peterson agreed with Jarvi$ with regard to density. The ordinance is not ambiguous. It states that the minimum for one unit shall be the same in the parent zone. The ordinance that Hassen says creates an ambiguity .(18.88.100), as has been mentioned, also contains a clause that states llas otherwise provided in this Chapterll. Peterson conjectured that there is a good policy reason to interpret the ordinance the way he would suggest. The land is zoned 1 0,000 square, feet because of steep sloping land. What are the, performance standards designed to do? Give a bonus to the developer - the' developer can ignore minimum 'lot size in a zone, because in exchange for that the, City will get a good development with innovative design, maximizing natural features, be aesthetically pleasing and reduce impacts on the environment and the neighborhood. When Peterson views this project, he envisions a "cookie cutter" development which maximizes the number of homes in the development. The ,development is a standard layout with incredible amounts of fill. The open space is natural drainage and undevelopable land. 6 ASHLAND PLANNING COMMISSION REGUlAR MEETING MINUTES NOVEMBER 14, 1990 Bingham questioned Peterson about whether he believes that all past performance standards subdivisions are illegal. Peterson 'said it would be up to the Commission to decide whether the ordinance is ambiguous and they are free to look at the intent. Peterson does not believe the open space will ben~fit the residents or the neighbors. HASSEN stated that in connection with the. ordinance covering minimum lot size, there is at least one unit in the planned unit development that is over 10,000 square feet, and therefore, meets the minimum lot size for the parent zone. Hassen said the applicant is willing to inst~1I a 48" culvert that would carry approximately twice the flow of a 42" culvert. HARDEY explained if the culvert plugged solid, it would top the fill at the intersection not around the curve as Blanton suggests. Water would flow across Roca Street. Hardey believes water would still be contained within curbs of the street. The applicant is planning to locate a retaining wall along the north side of the property to protect the trees that are currently there. This would add another measure of protection. Powell asked if Hardey had taken into consideration fire. Hardey affirmed that he had considered fire, along with as many other factors as possible. HASSEN said the CC&R's would give the City the ability to perform maintenance on the. culvert if the homeowners are not maintaining the culvert and to charge the homeowners for any work done. COMMISSIONERS DISCUSSION AND MOTION] Building Envelopes The Commissioners agreed that the building envelope issue was resolved. Conditions, Covenants and Restrictions Medinger suggested that the CC&R's be amended to show an initial back-up fund be collected at escrow and a specific amount stated in the escrow papers. Secondly, the applicant work out a projected budget establishing a sensible monthly assessment. He recommended $250 per person to be made a part of the initial fund and a monthly assessment of $20. Salter conveyed his concurrence to inserting the above item in the CC&R's. Carr qu~stioned whether in Section 11.2 (page 23), it ,is usual that Declarants reserve the right to restrict access to portions of the common areas during construction. Fregonese affirmed. Carr wondered about "thereafter". Fregon~se thought the 7 ASHlAND PlANNING COMMISSION REGUlAR MEETING MINUTES NOVEMBER 14,1990 declarants rights would expire when the lots are sold~ Thompson reminded Commissioners of the easement for public access. Carr thought it seemed appropriate to strike the word "and thereafter". Jarvis questioned procedure as to whether or not conditions could be added to alter the CC&R's when no evidence had been presented. Salter responded that the Commission can add 'conditions if they wish to or the public hearing could be re- opened again if there are questions of the applicant. With reference to Section 13.2 (page 25), Carr wanted to ensure the open space would. be permanent. Salter said the easement is permanent. , Density and Planned Unit Developments Bernard has based his decision on what seems reasonable. The wording may very well be ambiguous, however, he agrees with the recommendation of City Staff. Bingham noted the one unit over 10,000 square feet and though he does not believe that was the intent of the way the ordinance was written, the opponent states it could be interpreted that way, and that in turn, proves its ambiguity. Urban Growth Boundary Thompson felt the. Roca water shed could be expanded but part of any new development would take measures that Roca Canyon would not be made worse. Medinger moved to approve Planning Action 90-182 with the attached conditions and amend (Staff Report dated 11/14/90) Condition 2, add c) That a, provision in the CC&R's to include that an initial fee be paid at escrow in the amount of $250 per person and a monthly subscription amount of $25. to cover open space maintenance, based on a budget submitted by the applicant. This amount could change in April of 1992. Bingham amended to add d) to delete the words "and thereafter" from Section 11.2, paragraph 3. Add Condition 4 to make the size of the culvert 48". Medinger accepted the amendment. Medinger also accepted Mclaughlin's request by the fire department that the developer choose another name without using the word "oak'l and that it will be accepted by the Director of Public Works. Bingham seconded the, amended motion. . JarviS favored all amendments except the ambiguity of the ordinance language with regard to performance standards. She could not determine the interpretation by intent if there was not ambiguity and therefore Jarvis will vote no. The motion was carried with Jarvis and Carr voting. "no". 8 ASHlAND PlANNING COMMISSION REGUlAR MEETING MINUTES NOVEMBER 14, 1990 Chairman Benson announced that the last two items (PA90-199 and. 90-217) on the agenda would be carried over to the meeting to be held November 27, 1990 at 7:00 p.m. PLANNING ACTION 90-186 REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW FOR THE STRUCTURAL ALTERATION OF NON-CONFORMING STRUCTURES AT 673 AND 673 1/2 SISKIYOU BOULEVARD. STRUCTURAL WORK INVOLVES FOUNDATION REPAIRS ON SMALL COTTAGES OFF OF ONE OF THE STRUCTURES TO A DWELLING UNIT, WITH A VARIANCE FROM THE PARKING REQUIREMENTS. APPLICANT: DAVID SHAW This application is continued from October. Benson was not present at that meeting but has listened to the tapes as did Powell and Medinger. All testimony was taken at last month's meeting and the Commission will only be engaging in Commission discussion. 'Site visits were made by all. COMMISSIONERS DISCUSSION AND MOTION As a review, 50 percent of the. Commissioners wanted to have the unit freestanding on its own. Fifty percent wanted it to be 'an extension of another unit. There is no improved parking at this time. Powell believed that if she were looking at the site before any work had been done and was asked to grant the Variance, she would agree with Thompson and consider it an accessory bedroom. What is the possibility of converting the parking place. into a driveway and remove the apple tree and locate two or three parking places in the side yard. , Thompson mentioned the testimony of the neighbors and their concerns with parking. Fregonese said that the parking configuration suggested by Powell would be feasible, however, something would have to be done with the power pole or guy wire. Medinger was struck by the course of construction on the shed. The parking that is missing is now the studio cottage and it could, in fact, be a garage. Not only is the parking being taken away, but the demand for parking has been increased. He felt more consideration ought to be given to parking requirements and neighbors than to affordable housing. ASHlAND PlANNING COMMISSION REGULAR MEETING MINUTES NOVEMBER 14,1990 9 Benson agreed with Medinger's comments. He favors, at minimum, removing the kitchen. ' , Thompson moved to deny PA90-186 the Site Review, deny the Variance, and approve the Conditional Use Permit for the structural alteration with the attached first five Conditions. Carr seconded the motion. Thompson amended the motion to require three parking spaces instead of one. Carr seconded the amendment. Bingham does not want to lose the affordable unit. What is the practicality of tearing out the kitchen? Benson reminded Bingham that the reason this came up in, the first, place is because a neighbor noticed a parking problem and increased traffic. Bingham would vote for this motion if Condition 1 be deleted. The Commission, according to Jarvis, would not be giving the applicant anything with his Conditional Use Permit. He could use the space for storage. Bernard agreed with Jarvis. He felt if the application had come to the Commission with , a request for an accessory apartment and agreed to put in three parking spaces, that the Commission would have been in favor. The motion failed with Thompson, Carr, Benson and Medinger voting "yes" and Jarvis, Powell, Bernard and Bingham voting. II no" . Carr moved to reconsider the motion and it was seconded and approved. . ' Carr moved to vote on the same'motion as stated above. Thompson, Carr, Bernard, Medinger and Benson voted "yes" arid Powell, Bingham and Jarvis voted '-no". PLANNING ACTION 90-198 REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW A RESIDENTIAL TREATM,ENT FACILITVAT 200 WALKER AVENUE. PROPOSAL TO INCLUDE AN ADDITION OFF THE REAR OF THE STRUCTURE TO EXPAND THE EXISTING KITCHEN AS WELL AS TO ACCOMMODATE ADDITIONAL OFFICE SPACE FOR STAFF. APPLICANT: AAC, INC. Site visits were made by all. Thompson had an exparte contact with Reggie Godwin, Central Point School Psychologist. Godwin indicated the issue was not that the facility is in the neighborhood, but how good is the supervision of the facility in the neighborhood. The location was overridden by supervision, in a facility of this type. ASHLAND PLANNING COMMISSION REGUlAR MEETING MINUTES NOVEMBER 14, 1990 10 Benson had an exparte contact with Diane, Laura, and Mara Benson (wife and children). Their discussion centered on the public safety and protection issue of the CUP criteria. Both daughters are students at Ashland Middle School and felt no qualms about locating this facility right next door. They feared more for some of the , unsupervised students at AMS than they would for the supervised boys in the facility. His wife also agreed. JARVIS MOVED TO CONTINUE THE MEETING UNTIL 11:00 P.M. THE MOTION WAS SECONDED AND APPROVED. STAFF REPORT The Hearings Board called this action up for a public hearing. The proposal is for a residential treatment facility for approximately 11 young men who have been placed in the custody of the State's child welfare system. Molnar reviewed the Staff Report. Staff felt the location of this facility already had adequate buffers to residences such as Walker Avenue, the athletic fields, the Ludwig driveway, the railroad, the maintenance district yards and a couple of houses. Impact on surrounding properties would be minimal. Molnar said Staff thought it would be advisable to have a one year trial period and reviewed after one year. Staff has recommended approval with the attached ' conditions. ' Fregonese said the legislature has mandated this type of facility be a permitted use in multi-family zones. ' ' Molnar read the letter.from David Marrone (301 Grant Street) into the record. PUBLIC HEARING ARNIE GREEN, Director of Ashland Adolescent Center, P.O. 2227, White City, OR; office address is 862 Siskiyou Boulevard, spoke regarding institutionalization versus home atmosphere. He referred to the program for girls that has been in existence for almost 20 years. Staff turnover is less than for most in this type of program. The house is set for a groUp home an,dwill require a small amount of remodeling. Green addressed Star Gulch and, said their location was fatal. Environment plays a critical role and Star Gulch was removed from the community. , The staff was also a problem. The Ashland facility would not take kids who would be a serious threat to the community. The program is evaluated, audited, and monitored from its 13 different funding sources. Ages of the boys would range from 14. through 17. 11 ASHLAND PLANNING COMMISSION REGUlAR MEETING MINUTES NOVEMBER 14,1990 Bingham asked if any child would be accepted who had committed a violent crime. Green said they would not take anyone who is violent or acting out. He cannot say he would never take a child who had not been violent at some time. Green explained this program would be a part of Lithia Springs Alternative School located at the YMCA. For now, the classroom would be in the house for those who have not been in the house for long. The time at school would increase to a half day and a half day of work. The program is very structured with the boys having very little free time. The first month there would be no free time, the second month a student can go out with hired staff, the third month a student would have free time in' the afternoon. When the student is finally ready to leave the program, they will have some evening free time and weekend free time. At Uthia, Springs house for girls, the girls are allowed to smoke outside, however, the program offers monetary incentives for quitting smoking. The students are not allowed to "hang out" in the front yard at anytime. The length of the program is seven to nine months. The school runs from 8:30 a.m. until 11:30 p.m. and the second shift from 12:30 p.m. to 3:30 p.m. JON DEASON, 4442 Griffin Creek Road, Medford, OR, Board Member, favors the program. In addressing Criteria 4 - public safety and protection - this is a professional organization with an excellent track record. Green is the top person in the state in this type of program. He woulq like see the Commission approve with a review after a reasonable amount of time. MIKE THOR, Medford, 1965 1/2 Dale, Medford, previously Director of Star Gulch. ' He stated there is a big need for this type of program. IT WAS MOVED AND SECONDED TO CONTINUE THE MEETING UNTIL MIDNIGHT. ALL FAVORED EXCE'PT 'JARVIS. NOLA SilVERMAN, 111 Bush Street, Board member, believes locating this school on Walker Avenue would be safe. She has a 12 year old. $ilverman knows how the program is operated and it is much more restrictive than many homes and the Ashland High School. , KEN FITCH, 515 East Main, Ashland, member of AAC Board, has been impressed with professionalism of Arnie Green and the program. This proposal is well worth consideration. DR. TREASURE WHEELER, 303 Genessee, Medford, OR, commended the Director and the Staff. She noted the girls program has not had a single problem. GAil SCHUMACHER, 960 Mary Jane, has been employed as a therapist at Ashland Adolescent Center. She also has two children at AMS and one in high school. 12 ASHlAND PLANNING COMMISSION REGULAR MEETING MINUTES NOVEMBER 14, 1990 Schumacher is conservative and protective of her own children, yet she is comfortable working at MC because it supports her values. MC is conservative in the children they accept. She would have no qualms about having her children in proximity to this program. JEFFREY MONOSOFF, 1835 Ashland Mine Road, Board of Directors of MC. He supports the current programs and the proposed program. He has a son in third grade at Walker School and is not fearful of his son's safety. LORRAINE R!,LLS, 587 Laurel Street, was employed for three years by MC. Working with girls was a rewarding experience and she was not concerned about safety. The staff is a tight-knit, consistent group, providing constant supervision of the children. LISA MOLNAR, 155 Hillcrest Street, Director of the YMCA, said that Uthia Springs school is located at the "YII. She has daily contact with the staff and kids. The staff is extremely professional, and well-organized with a tight program. The kids are wonderful. Mol~ar had many of the same reservations that citizens have but has felt so good about making the decision about housing the school as it has been a' positive experience. She has had a great deal of contact with Uthia Springs house for girls and many of the girls have volunteered and have participated in IIYII programs. Arnie Green is recognized in the field as one of the best. KEITH R. JACQUES, 260 Walker Avenue, does not support the proposal. He has been provided with conflicting information. He see this facility as quasi-incarceration. The facility would be too close to schools. . LYNN MAYERS, 4890 Hwy. 66, has three children (one at AMS) and she does not support the location for this facility for safety reasons. The chance cannot be taken for even one child being endangered or victimized. She is concerned with the boys riding their bikes to school. Boys might tend to be more aggressive than girls. ' STEVE HUMANN, 2310 Ranch Road, favors the program but does not want the facility located next to two schools. Why put another hazard for children to hurdle everyday? BRADLEY E. LAVINE, 381 Granite Street, is the parent of an AMS student and he opposes the project. laVine would like to see further study and information on the history of other homes for boys. He has not been able to get that information from Green. laVine wondered what kind of a search was done for locating a facility. JANET CHILCOTE, 433 Ray Lane, lives two blocks from this proposed facility. She has worked with the abused and the abusers. There are' anti-social children who are incapable of following rules and these are the types of children in this program. The boys free time is a concern and the types of people in the program concern her. ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES NOVEMBER 14, 1990 13 Offenders are people who have committed something against another person and ,made them a victim. It is hard to turn around sex offenders. She had heard that five beds would be set aside for sex offenders. Chilcote believes it will be a drain on the law enforcement in the community to some extent. The Sheriff's office indicated the -biggest problem they had with Star Gulch were runaways. What are the children doing out in the community? In answer to Bingham's question about where Chilcote would locate such a facility, Chilcote said outside the city limits, however, accessible to the community ~ BONNIE BRODERSEN, 944'Walker Avenue, lives further up Walker. She is the parent of a first grader at Walker school and is concerned about the perception children at Walker and AMS would have of this facility. How will this affect the children - particularly young children? Brodersen does not want one more fearful thing to think about while sending her child off to school. She mentioned a rating system used by Human Resources Division that lets the contract to MC. The rating system indicates how dangerous an offender is. It ranges from one. to five with five being the most dangerous. The' adolescent center would take children from one to four. She is concerned with children on the playground because Green had stated at a meeting that the boys would be using the green areas. She noted that Coos Bay had a seven percent runaway rate this last year. Uthia Springs for girls had one runaway. SHELLEY BUSBY, 64 Nutley, is concerned about the things that have not been said. It is a known fact that boys are more, aggressive" act out more, and are more inclined toward criminal mischief. ARNIE GREEN, began looking for 'a site last June. They are limited in price.' The . children in a treatment facility sign contracts. They will not take the children if they are not willing to follow the rul~s. No matter where the location, it will always be in a place that seems unsuitable to some. They will not take kids who are predators. They have the right to decline anybody. There are thousands of kids to choose from. A location outside the city limits is not conducive for this type of program. If the only issue is riding bikes, the children can be bused to the "Y"., The only time there are not two staff members at the facility is at night; then there is one and he stays awake all night. This would clearly not be a program for sex offenders. They would not see anyone in this program who had been involved in forcible rape. BENSON CLOSED THE PUBLIC HEARING AND THE RECORD AND SUGGESTED THIS BE CONTINUED TO THE FIRST ITEM 'ON THE AGENDA ON NOVEMBER 27TH. JARVIS SO MOVED, CARR SECONDED AND THE MOTION CARRIED. ADJOURNMENT The meeting was adjourned at 12:20 8.m. 14 ASHlAND PlANNING COMMISSION REGUlAR MEETING MINUTES NOVEMBER 14,1990 ASHLAND HISTORIC COMMISSION Minutes November 7, 1990 CALL TO ORDER The meeting was called to order by Chairperson Jim Lewis at 7:40 p.m. Members present were Jim Lewis, Terry Skibby, Thomas Hunt, Jean MacKenzie, Mark Reitinger, Lorraine Whitten and Keith Chambers. Also present were Senior Planner John McLaughlin, Secretary Sonja Akerman and Council Liaison Susan Reid. Commission members Susan Reynolds and Deane Bradshaw were absent. APPROVAL OF MINUTES Whitten moved and Reitinger seconded to approve the Minutes of the October 3, 1990 meeting as mailed. Motion passed unanimously. GUESTS .John Freeonese Director of Community Development John Fregonese presented renditions of the existing and proposed plans for the Plaza design. He stated he began working on the Plaza de'sign in 1986 when the Downtown Plan was being developed with the Downtown Planning Advisory Committee (DPAC). So far, the majority of money which has been allocated for Downtown improvements has been spent on parking lots' and side~alk repairs. DP AC wanted to save the Plaza until the last because it is the most important area of Downtown and because it wanted to develop a master plan with public input. He stated they hope to have the final plans ready for submission to the City Council in mid December. Fregonese then showed slides of the evolution of the Plaza. Mona Blankholm, 202 Oak Lawn Avenue, then requested to speak about her personal observations and opinions regarding the moving of the information booth. She has been a volunteer for years and has observed that it seems to be a built in protection for the area. Also, the present location makes it very obvious to the tourists that it is an information booth. If it were moved, she feels strongly that people would not know what it is there for. Fregonese agreed that Blankholm made a good point and responded that the idea has always been to keep it visible. It is thought' by many that it should be relocated to keep it away from the hot afternoon sun and allow for expansion of the structure. Reid stated she does not feel the booth would be hidden if moved, as the trees will form a canopy, thus opening the view from the entire Plaza. Ashland Historic Commission Minutes ' November 7, 1990 Fregonese said he will be presenting the redesign ideas to the Chamber of Commer'ce on November 25 and reminded those present there' will be a public hearing on November 13. Whitten moved to approve the general concept and idea of the Plaza redesign, but to reserve final approval until more details are worked out. Reitinger seconded the motion. Discussion followed with Skibby voicing concern about the raised crossings and the bollards. Lewis stated he feels the Plaza will be more pedestrian oriented and put to better use. It was agreed the Commission will meet with Bill Emerson (designer) at its regular review board meeting on November 15 to work out some of these details. The motion carried, with all voting "yes" except Skibby, who voted "no". STAFF REPORTS PA 90-197 Conditional Use Permit 447 Rock Street Michele Smirl McLaughlin stated the Planning Commission continued this application from last month's meeting because of Historic Commission concerns regarding the garage elevations. The architect had since submitted elevations. Richard Wagner, architect for the project, stated the garage is currently on two levels but is not useable as a two-car garage and there is no foundation. The plans call for a foundation; and the remodel work will not go beyond what is existing. It will become, a one car garage and guest room. The roofing and siding material will match the house. Wagner agreed to bring in plans to -the review board meeting on Thursday. Chambers moved to recommend approval of the concept of garage plans as presented, pending actual approval of final plans. Whitten seconded the motion and it passed unammously. PA 90-186 Conditional Use Permit, Site Review and Variance 673 and 6731h Siskiyou Boulevard David Shaw McLaughlin explained this action was continued from last month's Planning Commission meeting in order to allow further discussion for Planning Commission members. The public hearing was closed so the Planning Commission cannot accept more public comme~t without completely opening the hearing. 2 'Ashland Historic Commission Minutes November 7, 1990 The Commission had no procedural comments regarding this action. PA 90-204 Variance 337 Oak Street Michael Van Ausdall McLaughlin said this application involves a Variance to allow the fence on the Van Ness side of a recently approved Minor Land Partition to remain as it is. The fence height on the comer of Oak Street and Van Ness Avenue has already been reduced. Staff agrees with the owner and is recommending approval. ' Hunt expressed his concerns about the fence height and added the owner knew what he had to contend with before the fence was built. Lewis stated the owner has good points regarding sound and privacy and. that the traffic safety would not be, changed by cutting 24 inches off the fence. McLaughlin added the fence was' constructed before permits were required. Skibby moved to recommend approval of the fence height Variance and Reitinger seconded the motion. It was unaniniously passed. With a motion by Whitten and, second from Chambers, recommendation of approval was unanimously passed. PA 90-210 Conditional Use Permit 135 Maple Street Linda Vista Care Center . McLaughlin stated the applicant is proposing to 'use an unfinished space in the basement and convert it into a doctor's office. Staff feels this is a positive move, as it will upgrade the site with'landscaping. 3 Ashland' Historic Commission Minutes November 7" 1990 . Skibby moved and Hunt seconded to recommend approval of this application to the Planning Commission. Motion passed unanimously. PA 90-213 Site Review Pioneer Street Erik Wallbank This proposal is for a two story building with a common access alley to be used also by Valley of the Rogue Bank and the 'proposed Ashland Food Co-op. Parking will be coordinated with the Co-op. Hunt. stated he had concerns with the galvanized roof, as he feels it looks harsh on such a large building. Lewis stated'the 4/12 roof pitch is not compatible in the Historic District and suggested the applicant change the design to a story and a half, as it would look better and the same square footage could be utilized. Although the Commission agreed the porch and 1 x 6 horizontal wood siding are positive points, more details are needed before a decision could be made. Erik Wallbank passed around pictures he had taken of some of his previous projects. Because the Commission was uncomfortable with the plans the applicant submitted, Reitinger moved and Whitten seconded to call this application up for a public hearing before the Planning Commission. The motion was unanimously passed. ' PA 90-218 Final Plan Modification Logan Drive Ed Houghton McLaughlin reminded the Commission the modification request as currently constructed was denied by both the Planning Commission and City Council. The applicant's engineer has submitted plans rerouting the intersection of Logan Drive with Scenic Drive towards the downtown area. The proposed location allows more visibility and is not in direct alignmen~ with the Barnett's house, although it will be somewhat with their new addition. Ed Houghton stated they have been working on erosion control and his lands~aper feels that native vine would be more pleasing than a rock wall. Therefore, they are proposing a 30 inch split face wall with mounds of dirt above, creating valleys for erosion control, then planted with trees and bushes. 4 Ashland Historic Commission Minutes November 7, 1990 McLaughlin said staff feels this location is feasible because it appears the farthest downhill, visibility and slope are addressed, 'and it was discussed at the Planning Commission meeting and City Council meeting. There would be stop signs located on Scenic Drive, Logan Drive and Grandview Drive. Traffic Safety is looking at this issue also. Joanne Houghton stated efforts have been made to address the Historic Commission concerns expressed at the August meeting >) livability, traffic safety /signage, and aesthetics. Commission members agreed that a good faith effort has been made and there is definitely an improvement in this modification. ' Reitinger moved to approve the landscaping concept as addressing the aesthetic and visual impact concerns the Commission had earlier. Skibby amended the motion to withhold comment on the actual location of the Logan Drive intersection. Whitten seconded the motion as amended and it was unanimously passed. PA 90-165 Ashland Municipal Code Revisions Affordable Housing City of Ashland McLaughlin explained the main affect in the Historic District will be the allowance of accessory apartments in R-l zones if certain criteria is met. Discussion ensued regarding size of units with regard to single college students and families who, would need two to three bedroom units, and infilling of residential districts. No action was taken. PA 90-171 Ashland Municipal Code Revisions ' Traveller's Accommodations City of Ashland McLaughlin explained the progression of events and concerns that led to the revisions. The final Staff Report addresses concerns voiced not only by the Planning Commission and Historic Commission, but also those received from traveller's accommodation owners. The Commission agreed with the ordinance revisions. 5 Ashland Historic Commission Minutes November 7, 1990 PA 90-194 Ashland Municipal Code Revisions Manufactured Homes City of Ashland McLaughlin stated this, revision will not affect the Historic District, as no manufactured homes will be allowed in the District. Certain criteria will have to be met, he explained, regarding the placement of the manufactured home (size, roof pitch, siding, skirting, etc.) and the location of the property. (S/dbby moved and Reitinger seconded to extend the meeting past 10:30 p.m. Motion passed unanimously. ) No action was taken. PA 90-189 Ashland Municipal Code Revisions Special Setbacks )) C-1 and E-1 Zones City of Ashland These revisions, McLaughlin said, would only affect Siskiyou BoUlevard, Highway 66, and North Main Street. Current regulations are too restrictive and the outcome of some, projects has resulted in poor- designs. By allowing special setbacks, it will encourage people t~ park behind buildings instead of in front. No action was taken. BUILDING PERMITS Permits reviewed by members of the Historic Commission and issued during the ,month of October follow: " Frank/Kay Spierings Dave Beck Evert Peters Sue DeMarinis Brad Parker Mike Buckley John Schweiger U.S. Bank Cameron Hansen Crissy Barnett 164Y2 "Bit St. 40 Bush St. 134 High St. 386 "B" St. 137 N. Main St. 823 Siskiyou Blvd. 110 Lithia Way 30 N. 2nd St. 67 Woolen Way 182 Scenic Dr. 6 Remodel Addition Remodel/ Addition Remodel Porch Remodel Addition Remodel Remodel Addition Addition Ashland Historic Commission Minutes November 7, 1990 Susan Young Greg Sprague " Winter Cafe and N~wsstand 11 Giardino Semor Gator's The Ashland Spa 188 Central Ave. 337 Scenic Dr. 85 Winburn Way 5 Granite St. 921/2 N. Main St. 27 3rd St. Addition Remodel Sign Sign Sign Sign OLD BUSINESS Review Board Following is the schedule (until the next meeting) for the Review Board, which meets every Thursday from 3:00 to 3:30 p.m. in the Planning Department: November 8 November 15 November 22 November 29 . Whitten, Hunt, Skibby and Reitinger All available members Thanksgiving Holiday , Reitinger, Lewis, Hunt .and Skibby Cultural Resources Inventory McLaughlin notified the Commission there is no expiration date in the Ordinance. The current list is in place until the Council adopts Kay's Cultural Resources Inventory. Staff is in the process of working on notices and mailings. NEW BUSINESS There was no new business. ADJoURNMENT It was the unanimous decision of the Historic Commission to adjourn the meeting at 10:55 p.m. 7 MINUTES TRAFFIC SAFETY COMMISSION THURSDAY, OCTOBER 25, 1990 CALL TO ORDER The meeting was called to order at 7:00 p.m. by Chairman Phil Arnold in the Council Chambers. Commissioners in attendance were Ken Davenport, Walter Schraub, Steve Armitage, Dick Moore, Christine Schumacher, and Jim sims. Also present were Pam Barlow, Bran Jones, Battalion Chief Wilbur Strait, and police Captain Daymon Barnard. APPROVAL OF MINUTES The Minutes of the September 27,1990 meeting were approved as written. CLOSURE OF SOUTH PIONEER TO AUTO TRAFFIC Ken MiCkelsen, Parks.Director; described the history of the proposal .to c~ose the unpaved portion of South pioneer Street between the Parks Office and Fork Street. Mickelsen stated that the primary reasons for the closure are: 1. Recreational use enhancement; 2. Concerns for safety~ This narrow portion of pioneer Street bisects Lithia Park, and is heavily used by bicyclists, mountain bikers, joggers and walkers. Fifty percent of this section fails to meet Ashland's minimum standard street width of twenty feet. It is so.narrow at some points that two cars can barely pass one another. Adding to the situation are ~lind curves, ruts, and chuckholes. The Parks Director arid Parks Commission are seeking the Traffic Safety Commission's opinion whether closure of South pioneer will have any negative impact on the City'S traffic safety. Widening the street w6~ld be expensive and require cutting into the slope and installing retaining walls. Parks Commissioner Lee Howard indicated that various. alternatives had been considered for South Pioneer, including making it one way, expanding it, paving it and closing it. It is currently closeq between May 1 and the Fall while plays .are held in the Elizabethan Theatre in the evenings'. The Commission met with neighbors. to discuss access issues and had held off on the closure until the paving of Granite Street had been completed. He discussed the turn-around problem createq by the closure and-suggested some kind of signing and/or barricade situation to allow passenger cars access to south pioneer but not large RV'sor buses. The Fire Department would require that any barricade be easily knocked down or removed. There is the possibility of creating a cul-de-sac on the newly created north stub; the Parks Commission would deal with the south stub (the fragment of pioneer Street between the Parks Office and Granite Street) more, later on. Mickelsen wants to retain the parking that is now along the (north stub)'portion of South pioneer street. Mickelsen mentioned that Steve Hall, Public Works Director, defini.tely wants some kind of turnaround. Minimum standards could be met for a cul-de-sac at the north TSC Minutes - 2 stub. .City personnel would still have access to South pioneer for maintenance purposes and fire control. without vehicle traffic, this portion of South pioneer would require less maintenance and would also generate less dust. A recreational path could be paved, but the consensus is to leave it unpaved. The Parks commission is not asking that South pioneer be vacated; it would still be a City road, it would just be closed. John schweiger, 445 Granite, stated that he uses South pioneer twice a day. He ~ees a turnaround problem at both ends of the section proposed for closure. He reitereated that pioneer is already often closed in the summer; Mondays for Ballet in the Park, Thursdays for Concerts in the Park, and during the school year .. it ,is used for many athletic events. He agreed that safety 'should be addressed. Chairman Arnold clarified that the Traf~ic S~fety Commission should concern itself with traffic and/or,safety problems when making recommendations. Moore felt that South pioneer functions as a "back door" to the park, and had concerns that a bottleneck could be created by the closure. Schweiger suggested using the closed road for bus parking. Battalion Chief strait, stated that vehicle traffic obstructs pioneer Street more than closure would. captain Daymon Barnard also favored closure.' Several . commissioners liked the idea of a two year trial closure, but Chairman Arnold wondered what would happen to any new cul-de-sac if the closure was lifted. . sims moved to approve a two year trial closureiSchraub seconded the motion. The motion was ,approved 4-3 with Schumacher, Armitage and Moore opposing. WILL DODGE WAY--ONE WAY Staff present~d the proposal for closure of will Dodge Way and noted that adjacent property owners had been contacted. Of the businesses staff spoke with, the Desert Republic 'and The Pub preferred the one way be from First to Pioneer; the Underground Deli preferred one way ' from pioneer to First. The commissioners discussed which one way direction was most appropriate. Gold River Distributers' delivery trucks .cannot make the turn intq the alley from pioneer Street. Jim MitChell, ~shland Camera, ,502 Herbert" remarked that they have parking behind their store, and that the pioneer Street end of will Dodge Way is often blocked. Mitchell recommended that the Traffic Safety Committee address the loading problem, and emphasized that' stores need distributers. He also read a letter from Mary Kay Jackson, owner of the country Girl, who was also concerned about'the pioneer street 'end of will Dodge Way often being blocked. ,,' Leonard, Friedman, Pyramid Juice, 160 Helman Street, spoke regarding the problems created when delivery trucks block will Dodge Way. TSC Minutes - 3 Armitage felt it was important that access through the new city parking lot from will Dodge Way to Lithia Way be left open. This way traffic could exit into the,alley. The commission discussed the narrowness of the alley at the pioneer street end. John schweiger commented on the lack of vision clearance when exiting from will Dodge onto pioneer. steve Armitage moved to send a recommendation to council that will Dodge Way be made one way from pioneer to First street so long as the city parking lot be open to traffic ~rom Lithia Way.through to will Dodge Way and, that the first one hundred twenty-five feet of will Dodge Way from pioneer street be marked No stoppinq. Schumacher seconded the motion, and it passed unanimously. REQUEST FOR CROSSWALK--EAST MAIN AND MOUNTAIN AVENUE Marie Moorehead requested that parking b~ 'e'liminated from one side of B Street between Mountain to 5th., The commission directed staff to further 'review her proposal. On the issue of installing four way stop and crosswalks at the intersection of Mountain Avenue and East Main Street, staff felt that, although traffic volume at this intersection is high enough to meet one of the criteria of Traffic Standards Review for a four way stop, it might slow down traffic, volume to the point that traffic would be backed up on all legs of the intersection and increase failure to yield the right-of-way. Additionally, narrow lane widths and small radii on corners makes it difficult for buses and trucks to negotiate turning. Backed up traffic would aggravate the problem. Schraub believed the issue had come up before, and was concerned about a cros,swalk giving students crossing at the intersection a false sense of security. sims felt there,should probably be a crosswalk but this proposal should be part of a larger solution to prob1ems at this intersection. sims . questioned on what standard did.staff base the recommendation that crosswalks be restricted to areas like sisk~you and the downtoWn.' Schraub wondered why we should be. restrictive about the number of crosswalks installed, and noted that they are less expensive than traffic signals. Staff reiterated the concern that a four-way stop could create more problems than it would solve. Moorehead ,emphasized her concern about the large number of students that cross at this intersection ~nd'the difficulty of crossing such a busy street. Schraub noted that there are criteria for the installation 'of stop signs, but not for the installation o~ crosswalks. The commission considered that, as the Hersey Street bypass was completed, this intersection'would only become busier. Interest in a stop light and in further examination of the intersection was expressed. Schraub moved to recommend the approval of a crosswalk at the East Main and Mountain intersection. Armitage seconded, and 'the motion was approved 4-3 with Arnold, Davenport and Sims opposing. HANDICAP SUBCOMMITTEE--FIRST CONSTRUCTION PRIORITY cynthia Shostrum commented on the needs of handicapped student ~Hollis Shostrum. cynthia discussed her son's route to the High School from her home at 110 Eighth Street with steve Hall. She TSC Minutes - 4 took another look at the route, and discovered that there was a sidewalk on the other side of the street that Hollis could use to gain access from 8th street to East Main. using this route would eliminate the $3,240 expense of building a new sidewalk. Arnold .noted that he, Cynthia and steve Hall had had a discussion about cons~ructing the route. Hall and the Shostrums are working on locating the crosswalks. The Commission agreed with staff's concern about spending so much of the available money to meet the needs of only one person when they need to try to meet the needs of the handicapp~d citizens of Ashland as a whole. Arnold not~d that the handicap accesS priorities of the Traffic Safety committee are, first of all to create access to the most heavily used areas of the City and secondly to deal with the requests of specific people as they come in. As staff recommended, an effort should be made to meet both priorities at the same time, as much '. as possible. In light of these priorities;" sims ,moved to have handicapped ramps installed as proposed ,!f.or Shostrum, with the deletion of the construction of 810 square 'feet of sidewalk from the proposal. Ken Davenport seconded the motion and it passed unanimously. The committee d~rected staff to continue to work with cynthia arid Hollis Shostrumin finishing the route. NO PARKING ZONE--IDAHO ,STREET Staff received a request to remove a no parking zone from the west side of Idaho Street. Staff believed that Idaho Street is similar to many short, low volume streets which do not need to ,have parking restricted to one side, let alone only a portion of one side. Battalion 'Chief wilbur strait stated that he likes to have it open for access for fire trucks; additionally, it provides an alternate access to Gresham, especially in ,winter. Some of the commissioners felt that the half block of no parking was safer, especially in icy winter weather. Schraub moved to recommend Council not rescind Ordinance #78-26.8. Dick Moore seconded the motion, and it passed unanimously. TRAFFIC RE~ULATION FOR NO PARKING--WIGHTHAN STREET Council discussed the Bicycle Commission's request that parking be rempved from the east side of wightman Street between Quincy and .East Main. .A letter from Ron Bolstad at SOSC requested that any ordinance removing parking from Wightman be accompanied by the following conditions: 1. That'parking will be. retained indefinitely on the west side; 2. That ,parking not pe removed from the east '~ide of Wightman south of Quincy without discussion with the college. Moore moved to approve the Bicycle ' Commission's recommendation with SOSC's conditions. Schumacher seconded the motion, and it passed unanimously. STOP SIGN REQUEST--SCENIC AND GRANDVIEW Steve Barnett, 182 Scenic, requested that the Commission have the crest on Scenic removeq. Additionally, he requested that u-turns south from Scenic onto Grandview, and u-turns north from Grandview onto Scenic not be allowed. He also noted that there are no speed limit signs and people take 40 to 50 mite per hour, runs to get up Grandview. Chairman Arnold stated that funds to TSC Minutes - 5 remove the crest from Scenic would probably have to come through the LID process. The commission asked staff to look at Barnett's requests, : and handle them at a staff level or bring them back to the commission. The all way stop proposal for this intersection was discussed. Schumacher moved to approve the all-way stop for the intersection of Scenic and Grandview Streets, Schraub-- seconded the motion. The motion pass~d unanimously. INFORMATIONAL ITEMS Debra Elliot, 692 Normal, described the situation at the intersection of Highway 66 and Normal Street and ~he efforts she had 'been making to obtain a crosswalk. She has been working with Ashland Public Works, Mike Anhorn at the State Highway Division and School District 5 superintendent John Daggett. The intersection meets neither the State Highway Division's warrants for a traffic light nor'for a four way stop sign. Anhorn doesn't want to install a designated crosswalk Wi~hoqt also having some additional kind of traffic control device., Elliot and Anhorn ,have discussed the option of installing cro~swalks with a suspended flashing light and School Crossing sign. Currently she is waiting for the results of the State Highway Division's Traffic Engineer's report. Daggett is interested in the crosswalk proposal, and would consider a crossing guard if the city would pay its share of the cost. Elliot remarked that' even with interagency cooperation, a crosswalk still might not happen. Cha~rman Arnold suggested that senior citizens who want to 'cross , Highway 66 to get to the Hunter Park Senior Center would also have a vested interest in having the crosswalk installed. Arnold also remarked that the City in the past has volunteered to help with the installation of crosswalks, but State law makes it clear that the obligation to install crosswalks belongs to the school districts. The Traffic Safety commission declined ,to make a recommendation to Council, and elected to delay acting on the request until the State's report becomes available. The next meeting was set. for the Thursday after Thanksgiving: November 29th. The meeting was' adjourned at 9:0~ p.m. MINUTES ASHLAND BICYCLE COMMISSION Monday, October 22, 1990 CALL TO ORDER Chairman williams called the meeting to order at 12:00 P.M. in the Council Chambers. In attendance were, Rees Jones, Vern Niehaus, Irv Schueller, Keough, John Seligman. Also in attendance were steve Hall, Officer Mike Bianca, Pam Barlow and Secretary Barbran Jones. APPROVAL OF MINUTES The Minutes from the September 24, 1990 meeting were approved as written. ~ CLOSURE OF SOUTH PIONEER Ken Mickelsen, Parks Director; introduced Lee Howard, Parks Commissioner, and presented a slide show of the concerns on South pioneer and the reasons why the Parks Commission was prop~sing to close it. ' Safety of bicyclists and 'pedestrians was the major concern. The street does not meet the minimum standard for City streets as some sections are only 11' wide. The road is already designated as a bike route on the Transportation Master Plan. Seligman asked if ,there were' plans to pave. Mickelsen said it was an option to consider. Jones asked if the reason they rejected paving it as a regular street was because it did not meet minimum standards, and Mickelsen responded yes. Niehaus thought cycling on pioneer would be safer than cycling on Winburn through the park. Mickelsen pointed out that they had no intention o,f requesting the City to vacate this part of pioneer Street in case it needed to be reopen at some point in the future. The closure would be a temporary (trial) measure. Parks owns the property on both sides of the street. Niehaus asked that the record show that he was not in favor of paving. Rob Miller, 153 Fork, asked if closing the street and paving it were two separate issues and Mickelsen responded yes. Seligman moved to endorse the Parks Commission's ,proposal to close South pioneer to motorized vehicle traffic and Niehaus seconded. The motion carried unanimously. REMOVAL OF BIKE SIGNS Hall referenced the letter' from Dick Unrein in the packet approving the removal of the'''Bike. Route on Sidewalk" signs as well as the "stop and Yield" signs on the 'Slskiyou Sidewalk bikepath. The Commission urged Hall to do this as soon as possible. Williams interjected that the recommendation should go to Council first. Jones moved that staff prepare a memo to Council for the November 6, 1990 meeting recommending removal o.f the' signs. Include copies of the follow-up letters going to the state agencies in order to expedite the matter oricecouncil appoves the recommendation. Keough seconded and the vote was unanimous. FOSTER REPORT Hall recommended that the Bike Commission and Council have a work session as soon as possible to move forward on the Foster Study decision now that public input has been collected. Schueller suggested that 3' on each side might be a compromise. rather than the 5' asked for in the ,proposal. Bicycle Commission - Minutes October 23, 1990 Page 2 Jones expressed concern that the Bicycle Commission was getting involved with transportation issues. williams felt it was part of the Commission's job because bikes are transportation. The challenge is integrating bicyclists as an essential element of transportation planning. Hall noted that issues overlap, i.e., the Traffic Safety Commission handles parking issues and the Airport Commission handles land use issues. The Commission agreed that there should be no more public input and that the discussion should be divided into three sections: the north and south ~nds of Hwy. 99, downtown ~ and the boulevard'. They should try to come to a quick consensus on the "easy parts" of the study so they can spend most of their time working out the problems on Siskiyou Boulevard. Jones asked what strategy would be, taken. Sinc~ the Commission has already spent a large sum of money to come up with the best possible solution within given parameters, should they approach Council for their spontaneous ideas? Hall encouraged dialogue because council relies on the Commission for its expertise. Jones said they would need some ballpark figures for restriping the downtown area. He also requested that a flowchart be devised designating the chain of command after council makes its decision. Neihaus also suggested an accurate count of cyclists would be helpful. Jones asked if the magnetic device that trips traffic lights has ever been used for counting traffic and Hall thought not. At this point, Chairman Williams left the meeting and Vice Chair Jones took over. LAMP POST PARKING Niehaus moved to send a memo to Council recommending that Chapter 11.52.030(k) of the Municipal Code be amende~ to allow bicycle parking against designated lamp posts and that those specific posts be marked for the public. Seligman seconded and the vote was unanimous. LICENSE FEE The present $2 fee currently goes into the general fund. The general 'consensus of the Commission was not to raise the fee. Officer Bianca felt the amount didn't ,matter as much as the availability of obtaining the license. If l'icense's Iwere.more readily available, people would be more apt to buy them. "C_h~rles Edmonds in the audience said he remembers when it was 50Q' and would like to find out when the City raised it from that amount. Since th~ issue was origin~lly raised by Chairman williams, the Commission agreed to see if he wanted it on the next agenda. AUDIBLE, SIGNALS Niehaus moved and Keough seconded to amend Chapter 11.52.020(C) of the Municipal Code as follows: , C. "Audible si,gnals". A bicycle rider using any sidewalk must make an audible sound to warn pedestrians they are approaching from the rear, and at a safe distance to allow the pedestrian to move ,to the right in order to allow passage of the bicyclist on the left of the pedestrian." The vote was unanimous. ----,.----.. Bicycle Commission - Minutes October 23, 1990 Page 3 STORM GRATES It 'was asked if there was a standard for grates that the City could implement. Hall said he was under the impression that new installation of grates would use the herring bone pattern. He said a lot of the old existing grates were hand built and are hard to replace because of their sizes not being standard. Jones noted that bike friendly storm grates were, not used when Granite street was recently repaved. Hall said that Keough had been in the office,regarding that same matter and assured the Commission that it would not happen again on new installations. Jon~s asked if it would be possible to talk with the'street and water division about, standards. He commented that besides the issue of grates, fire hydrants w~re not always installed properly and perhaps a meeting was in orde~. MISCELLANEOUS Hall told the commission that he thought the public hearing on the Foster study went well and the Commission got its point across. ADJOURNMENT The meeting adjourned at 1:'07 P.M. MINUTES ASHLAND AIRPORT COMMISSION Wednesday. November 7. 1990 CALL TO ORDER The meeting 'was called to order at 12:03 in the council Chambers by Chairman Al Alsing. Since there was not a quorum, Alsing suggested reviewing the items on the agenda that required no action. ATTENDANCE commissioners Linda Katzen, Greg williams, and Merle Mills, Staff Representatives Pam Barlow and Barbran Jones. ACCIDENT PROCEDURES The memo from Bob Nelson, Risk Manager to Steve Hall, PWD, dated October 16, 1990, outlined the procedure in case of an emergency at the airport. ,It was mentioned that notifying the Risk Manager need not be high on the priority list. GARBAGE DISpOSAL An exi~ting trash can disappeared from the vicinity so the issue of who should pay for trash pickup came up. Barlow noted that this item does not appear in the FBO lease. Currently, the city does not pay for trash cans at the' ,airport. She checked to see if any were left over' from the downtown renovation but they were already donated to Talent. Jerry Scott said the FBO presently handles a total of four cans and thought there should be at least two more but didn't feel the FBO should be responsible for paying. Barlow mentioned that Hall wished to remind the commission of its tight budget and he did not recommend paying for extra trash cans. It would cost $12 per can per month. WilliamS thought the commercial rate was different and staff. wil,l check. Alsing suggested that Hall made a recommend- ation at the next meeting and williams requested that recycling bins be utilized to cut down on the amoupt of trash. SAFETY REPORTS The no smoking signs are already installed. Tilting the light in the parking lot may shield the beacon 'light better so as not to distract night fliers., Ai Williams will meet with FBO to work on solution. Staff talked with Glossop about fiberglass panels and he will try riveting together. A subcontractor is expected Monday. The eradication of weeds is on the street division's list. -,------- Airport commission - Minutes November 7, 1990 Page Two FUEL TANK TESTING Staff talked with Jenkins today and they will be testing on the 27th. BULLETIN,BOARD Staff trying to get in touch with shop instructor at high school to repair board. Sent letter. Street Division ,can deliver. commissioner Leo Zupan arrived at 12:18 constituting a quorum . FAA GRANT UPDATE Hall spoke with FAA and they indicated that an electronic deer fence would not be eligible for grant dollars. Deer- proof fencing standards from Fish & Wildlife were presented. RESERVED PARKING Staff provided stencil and paint to FBO for reserved parking spaces as needed. FBO REPORT Fog has reduced activity. 'Maintenance hangar doors are difficult to move. wrong fiberglass provided for doors (will be remedied Monday). Number of calls complaining about noise (do not keep track of anonymous ones). MINUTES Since a quorum was now present, Ch~irman Alsing asked for approval of the Minutes which were approved unanimously as written. ACCIDENT PROCEDURES Mills felt the October 16th memo was comprehensive and moved to accept outlined gu.idelines for emergency procedures at the airport. Albachten seconded and the motion carried unanimously. Mr. Chaney suggeste~ having an accident exercise/practice procedure. Alsing said it was talked about years ago but nothing was ever pursued. Since Insley is in charge of safety reports, it was suggested that he coordinate with FBO or turn it over to the safety committee. The exercise should be done at least on an annual basis. Staff should initiate letter to Fire Chief. FBO was very supportive. Airport Commission - Minutes November 7, 1990 Page Three ITEMS FOR NEXT MEETING 1. Traffic Patterns 2. Office Expansion - commissioners come back with ideas. MISCELLANEOUS Katzen met with the District superintendent of Schools regarding an aviation program for grades K to 12. There is an established curriculum and a committee of about 30 people from the community. Barlow noted that parks ma~ntenancebills are about double what was projected. The Co~ission suggested writing a letter to them and asking them to quote a job before they do the work. ADJOURNMENT The meeting adjourned at 12:40 P.M. CITY OF ASHLAND PARKS AND RECREATION COMMISSION RF.GlJT."AR MF.F",TING October 17, 1990 Chair Pyle called the meeting to order at 7:00 p.m. at 340 S. Pioneer Street. ATTENDANCE: Present: Absent: Pyle, Reynolrls, Adams, Crawford, Howard, Reid, Mickelsen. None T. ADDITIONS OR DELETIONS Director Mickelsen indicated that he would like to add two items to the agenda: First an authorization to advertise for bids for fencing for the \lpper Granite Street area, and, second, a report on the department plans for Halloween night. Other i terns added to the agpnda wer'e a report on the commi ttee meeting concerning Open Space fundit\g, a follow-up on the So. Pioneer Street closure, the Ashlan~ Marketplace, and tile Capital Improvement Plan. II. APPROVAL OF MINUTES Commissionpr Adams made a motion t.o approve tlH' mi flutes of the Regular Meeting of September 26, 1990. Commissioner Reynolds seconded. The vote was: 5 yes - 0 no III. BILLS AND FINANCES Commlssioner Crawford made a motion to approve the previous month's disbursements as indicated by Payables checks #4366 through f~4488i n the amount of $46,834.07 anrl Payroll checks #4105 through #4136 in the amount of $12,662.66. Commissioner AdAms seconded. The vot,e was: 5 yes - 0 no IV. AlmIp.NCE PARTICIPATION ON TIfP. AGP.NJ)A None V. AUDIENCE PARTICIPATION NOT ON THP. AGENDA None VI. OLD BUSINESS A. Tayler Proiect - Upper Granite Street area Director Mickelsen reporterl that he and Commissioner Adams had met with the Tayler Foundation Board concerning approval of the first phase of the Granit~ Street area .project. He sai<l that the board approved up to $10,000 for fencing, picnic tables And general clean-up of the area. Ashland Parks and Recreation COHlmission Regular Meeting - October 17. 1990 Page 2 OLD BUSINESS - con't. Tayler Pro ;ect - Upper Grani te 5t.rel~t area - con' t. Director Mickelsen also rpport~d that tIle Tayler -Board was very pleased with the stairway project off 50. Pioneer Street and that they had recommended some kind of OpPtl house to mark _1 ts completion. No date has been set for that event as yet. B. Follow-up on closure of So. Pioneer Street Director Mickelsen report.ed th;}t the topic 1S scheduled on the agendas, of the Traffic Safety Commission and the Bicycle Commission next week. He said that all the informat1ot1 which the Parks Commission had gathered on the topic has been given to the two other Commissions and that he was putting together a brief slide show for illustrative p\lrposes. C. Report on Open Space Funding committee meeting Chair Pyle reported th::lt he and Commissioner Adams had met with Mayor Golden and Councilor Winthrop on Wedtlesday, October 10th to discuss options for establishing a funding source for the Open Space Park Program. Councilor Acklin was schedulf>d to attend hut was unable to be there. Commissioner Adams reported that there were no ne\v ideas for funding presented at the meeting. Shf' also reported that she and Commissioner Pyle suggested that the Conunissiotl still liked the 1.-1-1 proposal including a prepared food and beverage tax, increase in the hotel/motel tax, and an entertainment tax be considered and that Mayor Golden and Councilor Winthrop "didn't think much of that ide:)." If anything, the opinion presented was that it would be "cleaner" to just go with a prepared food and beverage tax rather than a combination. Although she realized that only one C6uncilorwas present, she said that thp message she and Commissioner Pyle reeplved W:1S thp samp as at the Council's July 1990 meeting in which several Councilors supported the idea of the Commission's going the initiativE:' route. Councilor Reid, Commission Liaison, reiterated that that was what she had also heard from every Council person at that meeting. In discussion, the faet that the Corrunission itself could not sponsor or run an initiative effort was discussed. Given the fact that the Commission can neither place a mPHsurp on the hallot: nor run an initiative campaign, the Commissioners itlCl irnted that thpy bed i eyed that there needed to be some way t.o 1 et residents ktlOlv that. no further ballot measures would likely be forthcoming from the C011t1rt t and that if there \'lere to be another ballot measure in the near futurp, it. \';0111<1 have to 'come through CItIzen initiative. Commissioner Pyle said that he had heard that there were citizen groups who mieht be interest,ed in starting in initiative effort. By consensus, the Commission decided to write a commentary on the status of developing a funding source for the Open Space Park Program. D. Request for 1991 Ashland Marketplace The Commission rpviewed a letter from .Judie Bunch requesting use of Calle Guanajuato for Ashland's Marketplrtee in 1991. Chair Pyle suggested that the letter be tah} e(l uIIL11 after t.he commi t.tee had the opportunity to meet with Mrs. R\lnch and represent.atives from the plaza merchants who had expressed concerns about the Marketplace. By consensus, the Commission tabled the letter. Ashland Parks and Recreation Commission Regular Meeting - October 17. 1990 Page 3 VII. NEW BUSINESS A. Review of policies for Lithia Park In the rules and regulation for park reservrttions, Commissioner ReYtlolds inquired about item number 9 concerning temporary signs. It was explained that when persons inquire about "permission" to place temporary signs in the park they are told that they may use signs to help people find their party but that they must not nail or tack any signs to trees; that care and caution for the park is always stressed. She also inquired about item number 8 indicating that rll(',O}IO.1 ic bev{-~rage is not allowed in any city park as it pertained to the Commission's neN policy concerning alcoholic beverage on Calle Guannjllnto. It was expl:lined that the rules and regulations pertained to individual reservations in Lithia Park proper and did not apply to Calle Guanajuato since that area was not among the "reservation sites" which individuals may use. Commissioner Pyle indicated that he would like for item number 3 under the rules and regulations l)e more specifjc indicating a decibel level. After some discussion as to the feasibility of establishing a workable decibel level which could apply to all fllnctions at the Bandshell, both city sponsored and privately sponsored, the majority of Commissioners chose to let the regulation stand :lS writtpn beC:lllSe it was apparently working. Corrnnissioner Pyle said that he did not believe it was appropriate for there to be two standards for lOll(lness, one for Pllblicly sponsored events such as City Band and nuother for other groups who rent the bandshell. The Commission also n:>-j t.erated its goal to work with the City Council to establ ish a secure fundi ng sot1n~e for recreation programming and for maintenance ~f recreational facilities developed on non-dedicated park land. MOTION Commissioner Crawford made a mot.ion to reiterate support for the Corrnnission policies reviewed as they stand. Commissioner Adams seconded. The vote was: 5 yes ~ 0 no MOTION B. Adoption of Capit<!Llmprovement Plan Commi ss ioner Crawfot'd made a mot i on to ac cept the Capi tal Improvement Plan for Fiscal Years lQqO-<)l through 199/,-<)5 as written and reviewed In study session. Commissioner Howard seconded. The vote was: 5 yes - 0 no C. Approval to advertise for bjds Director Mickelsen said that nm~ that the Commission has approval from the Tayler Trust ROrtrd for rh:1SP T of the Upper Granite Street area project, it would be ;lppropriate for the Commission to advertise for bids for fencing materials for that are:l. Tllere was some discussion as to 'whether or not the fpn~ing H1:lt:er;:lls would he covf~red with green vinyl and whether or not the end posts a~d fittings could be also coated green. Director Mickelsen indicated that they were going to keep some of the existing fence but would use green vinyl and possibly end post coatings where most visible. r.10TION Commiss ioner Cr;l\4Jford made a mot ion to advertise for bids for fencing materia] for the Upper Gr31li te Street area. Conmtissioner Adams seconded. Th0 vot- p was: 5 yes - 0 no Ashland Parks and Recreation Commission Regular Meeting - Octabe~ 17. 1990 Page' 4 VIlI. CORRESPONDENCE, COMMUNICATIONS, DTRRCTOR'S REPORT A. Halloween night Director Mickelsen said that he had attended a meeting of city officials who revipwed city plans for dealing with crowds this Halloween. Since the City Council est:ablished that there would be no road closures and no "official" celebration on H:llloween night, Director Mickelsen said that he and city officials dis~t1ssed the possibility that the'large crowd which had gathered in previous years on Main Street might migrate to Lithia Park if the street was not claseo'. He said that several department employees would be on duty patrolling the park that night and was confid(~t1t that, with the assistance of the Policp nepartme"t if necessary, no significant damage would done to the park. IX. ITEMS FROM COMMISSIONERS Commissioner Howard inquired as tOh'hether or not there were any statistics yet available for pool 'use during the month of September. Director Mickelsen indi~ated that the department hadn't as yet put those figures together but that they would be included in the annual financial statement for the pool. X. NEXT MONTH'S AGENDA The next Hegular Meeting was scheduled for Novemher 28, 1990 at 7:00 p.m. Director Mickelsen indicated that he would contact the Connnissioners about s('tting up a Special Meeting to review tl1e bids which are received for fellcing materials since the department would need to act on that prior to the Regular Meeting in November. Direct.or Mickelsen requested that th(-' Commission consider any special items or projects that they would like to see addressed in the next budget ypar and present them at. t.he Novemb0r meeting so th::lt staff would have the opportunity to determitle related costs prior to budget study sessions w~ich would begin after the f i n;t of t.he year. XI. ADJOURNMENT With no further business, Chair Pyle adjourned the meeting. Respeetfully submit.ted, f)' "~I ., ) / ~ : ( )J, r/"-- ',,' i' /' ~ Ann Benedict, Management Assistant Ashland Parks and Recreation Department CITY OF ASHLAND PARKS AND RECREATION COMMISSION SPECIAL MEETING November 7, 1990 Chair Pyle called the meeting to order at 7:00 a.m. at Ashland Hills Inn. ATTENDANCE: Present: Absent: Pyle, Adams, Crawford, Howard, Mickelsen. Reynolds I. ADDITIONS OR DELETIONS None II. APPROVAL OF BIDS A. Fencinq Materials Director Mickelsen presented to the Commission the bids that had been received for furnishing the department with chain link fencing material. He made the recommendation that the Commission accept the low bid for option A from Medford Fence Co. Commissioner Pyle asked about Option B which included the cost for powder coating the line posts. Director Mickelsen indicated that the price that Medford Fence Co. bid for the powder coating was high and that the department could shop around for a lower price. The Commissioners liked the idea of powder coating the line posts and indicated that if. sufficient funds were available would prefer to have the posts coated. MOTION Commissioner Adams made a motion to accept the bid from Medford Fence Co. for Option A per specifications. Commissioner Howard seconded. The vote was: 4 yes - 0 no I I I. ADJOURNMENT With no further business, Chair Pyle adjourned the meeting. Re1s,.'/. ,ec tt.Ull,YSUbmi t ted, '/ ) Ii /, I '\. ,) ",t/ ) r/:' _Ann Benedict, Management Assistant C I T Y o F ASHLAND C I'T Y HAL L ASHLAND.OREGON97~ telephone (code 503) 482-3211 November 20, 1990 Mr. Dale Ward P.o. Box 899 Ashland, OR 97520 Dear Dale: This will confirm our 'telephone conversation o~ the, above date whel=ein we agreed that you would prepare a financial status report on the Ashland street Scene and have it to me by early next week. I will then distribute it to the Council with tileir agenda packets on November 30. This report should-show the actual cash received and available, the amount of firm pledges made but not yet received, and any grants which are actually approved but not yet received. This report should exclude pending grants or grant applications. cc: Michael Donovan, Downtown Plan Adv. Committe / your;;, / ~tmnrandum November 2, 1990 ijf 0: ~rom: ~ubjed: City Council Michael Donovan, Downtown Pian Advisory Committee ~ Street Scene The Downtown Plan Advisory Committee met on October 17, 1990 and discussed the Ashland Street Scene project. The committee voted to recommend to City Council that they ask for a full accounting of the fu'nd raising by the Ashland Street Scene Committee, especially determining the exact amount of cash on hand, rather than pledges or pending grants. Also, the agreement between the Council and Street Scene Committee called for a September 15, 1990 deadline for fund raising. Since that time has elapsed, the Council might wish to consider appropriate steps to be taken at this time. Thank you for your consideration. ORDINANCE NO. AN ORDINANCE ADDING A NEW CHAPTER 14.09 TO THE ASHLAND MUNICIPAL CODE PROHIBITING THE SALE AND DISTRIBUTION OF CLEANING AGENTS CONTAINING PHOSPHORUS WITHIN THE CITY OF ASHLAND'S CITY LIMITS. THE PEOPLE OF THE CITY OF- ASHLAND DO ORDAIN AS FOLLOWS: Section 1. A new Chapter 14.09 shall be added to the Ashland Municipal- Code and shall read as follows: "Chapter 14.09 SEWER SYSTEM--REGULATIONS 14.09.010 A. phosphate Ban: The council recognizes its authority and responsibility to plan and provide for control of sewerage, surface water, and water 'supply. The Council hereby finds that phosphorus loading of surface waters-is currently a serious pollution problem affecting water quality in the Bear .Creek Subbasin and threatens future water quality in other surface waters of the region.. Phosphate detergents contribute significant phosphorus loading to the treated wastewater released to surface water into Bear Creek. Phosphorous loading has become a pollution problem, and state staridards will require-additional wastewater treatment facilities at public expense beyond primary and secondary treatment facilities. This Ordinance is enacted to reduce phosphorus pollution at its source to maintain existing water quality and to enhance cost-effective wastewater treatment where phosphorus pollution has been identified as a serious pollution problem by the state of Oregon Environmental Quality commission. B. Definitions: (a) "Cleaning agent" means any product, including but not limited to soaps and detergents, containing a surfactant as a wetting or dirt emUlsifying agent and used primarily for domestic or commercial cleaning purposes, including, but not limited to the' cleansing of fabrics, dishes, food utensils, and household and commercial premises. Cleaning agent shall. not mean foods, drugs, cosmetics, insecticides, fungic~des and rodenticides, or cleaning agents 'exempt from this Ordinance. (b) "Phosphorus" means elemental phosphorus. (c) "Person" means any person, firm, partnership or corporation. . (d) "Commercial premises" means any premises used for the purpose of carrying on or exercising any trade, business, profession, vocation, or commercial or charitable activity, including but not limited to laundries~ hotels, motels, and food or restaurant establishments. C. Prohibition: No person may sell or distribute for sale within the city of Ashland City Limits, any cleaning agents containing more than 0.5 percent.phosphorus by weight except cleaning agents used in automatic dishwashing machines shall not exceed 8.7 percent phosphorus by weight. D. Exemptions: agent: (a) (b) (c) (d) (e) This Ordinance. shall not apply to any cleaning Used in dairy, beverage, or food processing equipment. Used as an industrial sanitizer, brightener, acid cleaner, or metal conditioner, including phosphoric acid products or trisodium phosphate. Used in hospitals, veterinary hospitals or clinics, or health care facilities. Used in agricultural production and the production of electronic components. Used in a commercial laundry for laundry services provided to a hospital or health care facility o~ for a veterinary hospital or clinic. (f) Used by industry for metal cleaning or conditioning. (g) Used in any laboratory, including a biological laboratory, research facility, chemical, electronics or engineer~ng laboratory. (h) Used for cleaning hard surfaces, including household cleansers for windows, sinks, counters, stoves, tubs or other food preparation surfaces, and plumbing fixtures. ( i) Used as a water softening chemical, antiscale chemical or corrosion inhibitor intended for use in closed systems, such as boilers, air' conditioners, cooling towers or hot water systems. (j) For which the Council determines that imposition of this Ordinance will either: (1) create a significant hardship on the user; or (2) be unreasonable because of the lack of an adequate substitute cleaning agent. . E. Severability: The prov1s1ons of this Ordinance are severable. If any provision of this Ordinance or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or application of this Ordinance which can be given without the invalid provision or application. F. Penalty: The Council may levy a fine up to five hundred dollars (S500) a day for violation of this Ordinance, following notification and assessment procedures outlined in the Ashland Municipal Code section 1.08.020. section 2. Effective "Date: This Ordinance shall be effective , 1991." The foregoing ordinance was first read on the day of , 1991, and duly PASSED and ADOPTED .this day of , 1991. Nan E. Franklin City Recorder SIGNED and APPROVED this day of , 1991. Catherine M. Golden Mayor RONALD L. SALTER ATTORNEY AT LAW 94 THIRD STREET ASHLAND. OREGON 97520 (503) 482-4215 November 29, 1990 MEMORANDUM TO: Mayor and Members of the City Council FROM: Ronald L. Salter, City Attorney SUBJECT: Thormahlen vs. Ashland and Shakespeare Ladies & Gentlemen: As you know, the Land Use Board of Appeals ruled in favor of the City o~ Ashland and Shakespeare in the Petition presented by the Thormahlens. The Thormahlens have' now appealed that decision to the Court of Appeals. I intend to fully represent the Ci ty in that appeal before the Court of Appeals unless instructed to the contrary by the Council. Respectfully submitted, l;\~ - .al 0 _.0 -.C( __Q.~. r\.e- . \fUV\....'--,;,../'- ~ -- ,~ RONALD L. SALTER City Attorney RLS/kr IDJCTATED ~ Kot READ.) . .' '" :.>, D./ /'.: . ( C ;-.'/ ,.' I ,L. J L. I. c.' /""i './ '/ ' . ,. ",. ASI-ILAND PUBLIC SCHOOLS o RODGER BUSSE TED LOFTUS BEO<Y M...RTIN D1......e MASON MIKe VEOINER Students, Parents, Community, and District Staff working together to ensure each other's success JOHN M.DAGGETT. PlI.D Superintendent KAReN tw.AVMPlE District ellllCllllw Oi~ lOREN R. LUMAN Busineu Manager 8OARO Of DIRECTORS Equal Opportunity Employer November .14, 1990 Mr. John Fregonese Planning Department Ashland City Hall 20 East Main Ashland, Oregon 97520 Dear John: I have enclosed a copy of Resolution #90-8 regarding school capacity which was adopted by the Board of Directors during their regular session held November 12, 1990. I, have al~o enclosed a School Capacity Report which is referred to in the resolution and the district's definition of capacity. I have forwarded this information to the Jackson. County Planning Commission. If you have any questions, please do not hesitate to call. Sincerely, ~~. Superintendent JMD/jp Enclosures: Resolution #90-8 School Capacity Report . Definition of Capacity SCHOOL DISTRICT No.5, JACKSON COUNTY . ADMINISTRATION BUILDING · 885 SISKIYOU BOULEVARD · ASHLAND. OREGON 97520 · (503) 482-2811 RESOLUTION #90-8 SCHOOL CAPACITY NOVEMBER 12, 1990 WHEREAS, the Board recognizes that public education is an essential service to a community; and WHEREAS, the Board has evaluated a report regarding capacity as defined by the district. THEREFORE BE IT RESOLVED that the Ashland School Board is communicating that its schools have reached capaci!y. ASHLAND PUBLIC SCHOOLS SCHOOL CAPACITY NOVEMBER 12, 1990 In the early 1970's when the school district's enrollment approached 3500, many prog-rams currently being provided did not exist. For example, the state has mandated kindergarten and special education including Educational Resource Centers, Speech, Occupation Therapy, and Physical Therapy, all of which tak~ space. Reading specialists, foreign language, computer work stations, child development specialists, and school psychologists have been requested by the community, and they take space. Music has been expanded because we do ORFF Instrumentation, keyboards, and motor perception skills for kindergarten students. Also, storage needs for audio visual materials and for materials to teach in concrete ways have increased greatly over the past twenty years. Our current student population of 3291 places the school district near capacity at all levels unless program reductions are made. Briscoe Students - 232 PROGRAM UTILIZATION: One room houses the educational resource center, Chapter 1, and a Chapter 1 educational assistant. The portable outbuilding houses a typing class, strings, child development specialist, and the Special Friends' program. One rooni houses general music and French. It is possible to add a half-daykindergarten. In essence, Briscoe School is at capacity. Bellview Students- 281 plus 5 Behavior Learning Center students PROGRAM UTILIZATION: One room houses kindergarten and strings. One room houses speech and Chapter 1. One small room is used for a computer center and could revert to another instructional area if the computers were placed back in the classrooms. However, that area is not large enough for a standard classroom. Every available space at Bellview School is . currently being used. The school is at capacity. Helman Students - 324 PROGRAM UTILIZATION: One room houses both a morning and afternoon kindergarten. One room houses a morning kindergarten and an afternoon K-PON class (motor perception activities for kindergarten). There are separate rooms for the educatiqnal resource center and Chapter 1. However, due to the design of the rooms, dividing one room in half to serve both student populations and using the other room for an additional instructional area would be impractical due to the number of students being served (currently 57), the access to supplies, and student entrance and egress. The music room is. currently housed in the back of the stage. Foreign language is housed in one room and, based on the 'way foreign language is taught to a total class and the number of students in foreign language, that space is justified. Helman School is at capacity. Lincoln Students - 332 PROGRAM UTIUZATION: The Chapter 1 room serves asa daycare facility before and after school. One room houses the ed~tional resource center. One room houses music. One fourth grade class is housed at Southern Oregon State College. It would. be possible to combine the educational resource center and the reading program into one room. However, the styles of instruction differ radically and it is not pract~cal at this time to merge them. Uncoln is at capacity . Walker Students - 361 PROGRAM UTIUZATION: The educational resource center and reading program are housed in one room. The computer lab uses one facility and an art/storeroom is housed in the basement. Strings are taught on the stage. By moving the computers back to the 'Classrooms, moving the art instruction back to the classrooms, and by eliminating the music room and dividing it in half, four additional instructional areas could be developed. It must be noted that the Walker School program would have to be modified severely to accomplish this. Therefore, given the program status, Walker School is at capacity. Middle School Students - 805 The above student-teacher ratio does not include physical education, foreign language, art, shop, . or music instructors. When those are included, the ratio is approximately 22:1. PROGRAM UTIUZATION: Currently, two educational resource programs are housed in one room. Foreign language classes designed for 15 - 20 students are accommodating up to 28 students. Band classes designed for up to 40 students are accommodating close to 60 students. Twelve classrooms designed for 25 students have, in some cases, as many as 32 students. The cafeteria accommodates three lunch periods and, because of set up and take down time, is not an adequate instructional area. The Middle School is at capacity. Hiah School Students - 956 PROGRAM UTILIZATION: While there are rooms open one or two periods per day that could be used for additional classes, to do so would cause the high school facility to go beyond the confines of school capacity. To use classrooms on a continuous basis will not allow teachers the ability to stay in their classrooms and work during their preparation time. That in turn will cause a need for additional teacher workroom space. Currently, the high school facility will house 1000 to 1050 students. Formulated on the basis of projected enrollment increases, the high school facility will have, without any additional prQgram requirements, reached its maximum capacity by the 1991-92 school year. Projected enrollment is as follows: 1991-92 = 1047; 1992-93 = 1048; 1993-94 = 1078. If any additional program demands are required of the high school facility, the base-line student enrollment capacity will be decreased for current district and state required programs and services. In addition, projected enrollment increases will create additional concerns about our already inadequate restroom facilities and, depending on department enrollment trends, additional enrollment may overextend our existing facility which is structured around the notion of departmental units. With minor structural modification, additional classroom space could be obtained in the old electronics classroom area, in the Social Studies Resource room, and the old Health room located by the "Center." Those additional classroom spaces may add, depending on the educational focus of the incoming students, an additional 75 instructional spaces. Currently, the high school is near capacity. ASHLAND SCHOOL DISTRICT DEFINITION OF CAPACITY GOAL: TO MAKE EFFECTIVE, EFFICIENT USE OF SCHOOL SPACE FOR QUALITY INSTRUCTION SCHOOL CAPACITY: 1.. .sg,ool Capacity is experienced when there is not sufficient room to set up another' instructional area while maintaining current district and state required programs and services. 2. School Capacity is determined by the building principal, the executive director, and superintendent. RATIONALE: The size of the instructional areas in schools vary depending upon the program and services being offered. Programs requiring the smallest area are reading improvement, speech and language therapy, child development. and psychological services. Larger sized areas provide space for educational resource centers, strings instruction, computer centers, perceptual-motor training, and foreign language instruction. Even larger areas are required for the traditional classroom housing a single classroom teacher and an assigned group of students. The largest instructional areas are those that serve all-student gatherings such as a gymnasium, cafeteria, and media center. CONCLUSION: .- It is our belief that we should define building capacity by looking at those programs and services and the. space that we have available. We explicitly reject talking about the number of students that can be placed in anyone of those instructional spaces because the decision depends ~so much on . . ~ the nature of the pr<?gram and services being offered and the needs and developmental stages of the students. John M. Daggett Superintendent RONALD L. SALTER ATTORNEY AT LAW 94 THIRD STREET ASHLAND, OREGON 97520 (503) 482-4215 November 5, 1990 . MEMORANDUM TO: Mayor and Members of the city Council FROM: Ronald L. Salter, City Attorney SUBJECT: Mahar Hearing - Scope of Hearing Ladies and Gentlemen: The law requires the scope of the forthcoming public hearing to be limited to two issues which were the subject of the remand and anything else that could not have b~en raised in the previous hearing. This is based upon the Court of Appeals decision in Mill Creek Glen Protective Assoc. v. Umatilla County, 88 Or App 522 (1987). Attached is a copy of Pages 526 & 527 and under head note 3, the relative subject is discussed. The Allan vs. umatilla case concerned the same planning action however, the parties were different. The Court in Mill Creek cites ORS 197.805 with respect to the policy which is that "Time is of the essence." One might also cite ORS 197.763(1), the so-called "Raise it or waive it" statute which reflects a similar policy. Why was this not discovered earlier? That is answered in my earlier memo to you on the scope of the Mahar hearing, wherein I commented on the problems in researching land use decisions. How did it come to light now? After John Fregonese's memorandum to you on School Capacity Problems, I turned to the two decisions by LUBA on this matter which are Dickas vs. Beaverton, being Opinions No. 1 & 2. Opinion No. 2 lead me to the Mill Creek case. Respectfull ubmitted, ~'SA City Attorney RLS/kr A'ttachment 0.8 ~.8~ en~ (1)S::(1) Od~ co as ..... ..... .B .5 ~ e 0.. ~.. ~ ~ (1) ==' ca "'tS Q) ~ ~..., (1) s:: 0. Q> ::s ~ s:: c:s (.) 5 .9.~ a ~....-I 0 ~ ~ Q> .~ "0 ~ <E 0 cu s:: ~ ~ ~ .~ "'tS Q>'- .....f"'t pJ"-"'o. 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Q) c:s ~ (.) ~C"I0 UC"lJ-4 t-o. ::) .. 0 ~~ ~ en en olO~ ..0 0. 0. ::So..o.. ~<as ::s Q,) -'~s:: ..... 0..... "'tSob ~ C() g ..g"'tS~ ~... .....:t:;::~ o c:s 'as ~ ..(.) s::gs~ ..... ~ ~ :g<~ Q) ~ ~ ~~ as <~-; ,.,...J-4~ ~o~ ~~~ ~~..s:= ..~ .0..-:: ~co ::sC() oen uS ( r t ijI 0: Jtf rom: ~ubjed: 2ffiI e tlt II ran d Utlt October 25, 1990 Mayor and council /fA., ;)\\\ l!Y' ...1 Planning Director Schools and the Public Facilities Question As you have asked to receive written comments regarding the scope of the Mahar hearing, I felt that I could write to yo~ as well, and address a critiqal issue that I feel is certain to arise. . . f ,I have had several conversations with JohniDagget, superintendent of Ashland Schools. He has informed me that he expects the Ashland School Board to inform the Council that the school system is over capacity., that is, they cannot accommodate adequatelY the existing student population. This will obviously be raised in the Hersey Street . project, and I expect that you will be told by the School District that they cannot accommodate the additional children that are expected to live in the apartments. This raises some interesting questions. First, you should read tne section of schools in Chapter XI of the Comprehensive plan. Interestingly, this was predicted in the plan many years ago. I am attaching some graphs and tables that chart the city's population and the School. district's enrollment. The city's policies on this are contained in this section, and may be used to guide . your decision. You will probably be asked to deny this project due to inadequate capacity. in the school system. This denial would be due to an inadequate capacity of a city wide facil i ty . Furthermore", the correction of the problem is out of the council's hands. At this year's Planning Institute in Eugene, the issue of school capacity was discussed by the professionals in the field, including LUBA referees. While there was no unanimous consensus on the issue, it seems that many, including at least one LUBA referee, feel that d~nial of a planning action for housing with a finding of inadequqte capacity of a i increased by about 1,000 units in 10 years, and by about 1,200 to 1,500 persons in that time (the jury is still out on our official Census count). The rate of growth in the 1980's has been the slowest since the'Great Depression. This amounts to 100 units per year on average, 65 single family homes and 35 apartment units, and about 150 people. This is well below our Comp Plan projections and somewhat below our new projections. While 1988 and 1989 were hectic times, 1990 is ~urning out to be much slower. We are currently operating at about the level of 1987 or 1986 for housing starts. Growth is like. this in small Oregon towns, it goes in spurts. We really are in pretty good shape to handle' this . rate of growth. While I don't want. to discount the challenges that lie ahead, our capital planning is advanced, and while we have some problems to solve, there appears to be time to deal with the~i and we are well on the way of addressing them, especially at the rate of growth of 1% to 2% increase per'year. We would be hard pressed to make a case that Ashland is in a critical state of rampant growth. . While a moratorium may have, some initial appeal, I have had some experiences with them, as I was Plannel;:' for Woodburn while it was under a moratorium from 1977 to 1979. This experience left me with a great distaste for this type of regulation. While the popular perception was that it was keeping the big bad developers out of town, a lot of personal . drea~s of ordinary people were shattered. I found it very distressing to be caught between the public popularity of the moratorium, and the very human toll in unrealized dreams and financial disaster this caused to many people. While some of them were developers or builders, many were ordinary people. In a word, it was hell once tne initial newness wore off. While I believe that moratoriums have a place, they are emergency tools that should be of a limited duration, and for a very specific purpose. I view them as part of.a therapy for problems, but the side effects of the medicine are severe. When that is true, one must carefully weigh the benefits with the very substantial risks and costs. This is clearly the intent of oregon1s law, and one that is the most humane approach in the long run. The longer they remain in place, the greater the potential for damage to. the city and its citizens. Percentage of 1970 population ..... ..... ..... ..... ..... CD co 0 ..... N (.\) ~ 0 0 0 0 0 0 0 N N N N N N N ~ 0 \ ~ I N " ~ '\ ~ \ ~ / c / '"d (D ~ / t; Q) OWO / (Do~. ~P"~ Q) / ~o'< 0 ~O'"d (D ...... 0 \ ~ o ~.~ CD , .....m...... ro c+~~ ; I-( \ P" ~. ~. . . (DOO C ~~ ~ OJ ~ , ~~Q \ -.Jot; o~o CD \ '"dP"~ c o P" , tdSDg ~U2 Q) \ ...... CD SDSDP. c+ " ~. 0 co , ~ .0 co ro co ~ I i ta ~ 0 I:J' "C 0 eo "'d 0 ~ eo t::. 0 tt Ii 0 ell ~ ~ "'d ell "'d .... 0 ell ell .... ~ 0 ell ~ Population ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... N N c..:t c..:t eflo. eflo. at at (J) (J) ...;z 0 at 0 at 0 at 0 at 0 at 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ...;z 0 ...;z (J) 0 ~. c+ '< "'d 0 td' ...;z s:: (1] ...... P' c+ , ~. 0 ~ ~ 0 (1] t; ~ 0 0 ~ P" I-" (() (1] ....;z N 0 c+ 0 I-" <0 (() (1]. 0 eflo. ...;z N ...;z eflo. (1] (1] (1] (J) co o Students ro' ro ro C,:) C,:) C,:) C,:) C,:) at ..,z CD ...... C,:) at ..,z CD 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ..,z 0 .-< CI ~ CD ~ ..,z ro ..,z ~ ..,z m ..,z CD CD o CD ro ,co m co co CD o CD ro CD ~ CD (J) students N N N N N N N Ul Ul Ul Ul m ...,J ...,J OJ OJ c:o c:o 0 0 e- e- (Jl 0 (Jl 0 (Jl 0 (Jl 0 (Jl 0 (Jl ~o 0 0 0 0 0 0 0 0 0 0- 0 0 0 e- N (Jl 0 0 t-" Ul 0 0 0 e- Ul (Jl CIl 0 0 0 P" 0 e- o *'" ...... 0 0 ot,:j 0 HoP t-" (1t1 * .....0 "'t3 *'" ~::: 0 en * * ~t3 ~ 0 * ~ 0 ~ '1]<0 - oP pi * (1- t-" "0(1" ..... tn E. P. 0 0 * I=' 0 pfJl 0 * ::r.p * * 0 e- pt'%j en en s:: 0 * P 0 0 (1" .... . t-" * * 0 Ol P 0 0* 0 0 * * e- ....,J 0 .0 0 * ~ ~ e- N ...,J U U (Jl 0 0 0 0 0 ~ (.0) co I * (Jl fA 1"10 if ~;; 'C 0'<( .- 11: :! .'C ~ Pi:. 0' ~.. s: ... 0 ~ P .. ~ ;;- fA 0 p- o 2. ~emorandum November 1, 1990 ~o: Honorable Mayor & City Council ~rontt: Brian L. Almquist, City' Administrator ~ubjtct 1700 E. Main - Sewer Connect Request The attached request from David.Lane involves property which is adjacent to the City limits. Several weeks ago, the Council approved a request by the Nazarene Church for a sewer connection subject to their consent to annex. (The Lane property made the Nazarene Church property non-contiguous) Attached is a map showing the location of both properties and their relationship to the present City limits. Ann~xation of the Church property is particularly important in that it would allow our city electric utility to provide electric service. RECOMMENDATION: In light of the current request by David Lane, it is recommended that an application for annexation be processed, rather than a request for sewer service outside the city. It is further recommended that the proposed annexation include both the Lane and Nazarene Church properties. ~emorandum October 18, 1990 ~n: Brian L. Almquist, City Administrator ~rntn: Steve Hall, Public Works Director~.~~,~ ~ubjed: 1700 East Main Street - Sewer and Connect Request ACTION REQUESTED City Council authorize 1700 East Main Street to be connected to - City sanitary sewer in accordance with Section 14.08.030 of the Ashland Municipal Code with one additrbnal condition: + Property owner must sign in favor of participating in future sanitary sewer improvements to serve the area. BACKGROUND AND SUMMARY Attached is a letter from David Lane, owner of 1700 East Main Street, requesting connection to city sewer facilities. The property is outside the city limits but within the Urban Growth Boundary and will require application for annexation to the City of Ashland prior to allowing service to city sewers. When the City Council allowed connection of the Nazarene Church to city sewers August 21, 1990 a stipulation that "the easem~nt will be exclusive". A copy of the minutes is attached'for your reference. I have also attached a copy of my letter to David Lane outlining options for him to pursue in reference to connection to city sewers. The condition I am recommending for signing in favor of future sewer improvements is requested for the future need to resolve the overall sewer needs of this area. As with the Nazarene Church, this is a piecemeal effort to provide sanitary sewers to two landowners in the area. 1700 East Main Street October 18, 1990 Page Two City Council may allow connection to city sewers as per AMC 14.08.030 if: - There is adequate capacity within the sewer system and the treatment plant to serve the residence. - Requirements will be met by the property owner as listed in the attached section of the Ashland Municipal Code. - Applicant can meet all the requirements of the Municipal Code. - Staff recommends approval of application for sewer connection of 1700 East Main Street subject to meeting city requirements. cc: Mr. David Lane, applicant John Fregonese, Planning Director Jim Olson, Assistant City Engineer Dennis Barnts, Water Quality Superintendent Pam Barlow, Administrative Assistant encls: Minutes 8/21/90 Lane J~tter/easements Hall letter ijl 0: ~ rom: ~ubjed: &V.~k4A~, .~~L~~ A~~4 10 ~~~ ~ ~\.,I--:) C l~ 1~\'i \~t.-.1) too ~emnrandum October 25, 1990 Steve Hall, Public Works Director John Fregonese, Community Development Director 1700 East Main Street - Sewer and Connect Request The Planning Department has reviewed the action requested, and we have the following concerns: 1) This appears to be predicated o~ the development of the Church of the Nazarene property adjacent to the Lane property. As stated in the City Council minutes of August 21, 1990, the plans submitted for the wetland area were to receive approval from the Division of State Lands prior to sewer connection. It is our understanding that the sewer hookup has been completed, or that a permit has been requested for this. However, we are not aware of any approvals from the State, other than the verbal statements by the Church's engineer. We believe that this documentation must be provided in order to be in compliance with the Council's order. And we believe that similar requirements should be attached to Mr. Lane's request. 2) Much of the wetland area discussed during the Church of the Nazarene sewer request is located on Mr. Lane's land. Since this sewer request involves land within our Urban Growth Boundary, we would request the addition of a condition to the approval requiring that any drainage, fill, or other modifications of the wetland area be approved by the City of Ashland and Division of State Lands prior to the commencement of any work within this area. 3) Very recent issues have been raised over the validity of Consent to Annexation agreements.' It appears that these may not be legally binding documents due to changes in annexation law. We .believe that the City Attorney should research and respond to this prior to granting the sewer connection approval. Bikeway study (Continued) making radical changes to the Boulevard, and Laws suggested an adjourned meeting. Grant Application - Siskiyou Blvd. Engineering Plans - The discussion turned to the next item from the Bikeway Commission recommending submission ofa grant application for engineering plans for the Boulevard Bikeway Project. Acklin said the study is an excellent document but until it is adopted we should not apply for the grant. Hall said the application needs to be in by September 1st. Laws moved to table the grant application, Winthrop seconded, all AYES on voice vote. Schrodt Designs, Inc. - State Lottery Funds - A letter was received from Schrodt Designs requesting Council endorsement of their application for State Lottery Funds for business expansion. Admin. Almquist noted that they are outside of the City, but could write a letter of support. Acklin said development of wood products is a goal of the state. Laws moved to write a support, Winthrop seconded, all AYES on voice vote. City Council secondary letter of Memo re: 1990-91 Council Goals - City Admin. Almquist prepared a memorandum concerning progress on the goals adopted by the Council. For information only, no action taken. ' opacity Standards for Woodstove Use - Dick Wanderscheid, Energy Conservation Coord., said the Air Quality Committee and Staff both feel the standards will be easier to enforce if they are mandated by the voters. Mr. Farrar, 987 Walker, feels Ashland does not have an air quality problem and this action is not necessary. Williams moved to extend the meeting for 1/2 hour, Winthrop seconded, all AYES on voice vote. Williams moved to approve the request, Winthrop seconded and the motion carried on voice vote. Sewer Connect Request - 1760/1780 E. Main - A request was received from the Church of the Nazarene for a sewer connect outside of the City limits. Almquist said there is a wetland issue on the property to be resolved, and a sewer easement on the other side of E. Main should be exclusive to the Church. John Seaders, Engineer, said an engineering study on the wetland area was sent to the state and they have accepted it, but he did not have that letter in hand. Acklin said she visited the site as a sanitarian for Jackson County. Laws moved' to qrant the request sub;ect to confirmation that the sewer easement will be exclusive and Williams seconded. Winthrop suggested adding the condition that the building plans be approved by the Div. of State Lands and the motion and second were amended. All YES on roll call vote. PUBLIC FORUM Bob Fredinburg, 2275 Siskiyou Blvd., is upset that his letter to the Council offering property for sale for open space purposes, was responded to py the City Administrator. Regular Meeting - Ashland City Council - August 21, 1990 ~ P. 4 f\ ~ t ("."l ; ,..\ ,-!,' .... J., ::: .:'~ ", i..:'> /). m.ip'b .1''<. :.-,.> ""'. ~ ~, t ~.'''''D t~t:L~ L~ V tJ ii j.}~ T E OCT 1 8 199n City of Ashland Steve Hall, Dir. of Public Works 20 E. Main St. Ashland, OR 97520 Oc t . 18, 1 990 Dear Mr. Hall, As per your request, enclosed are copies of the proposed easements which would be necessary for us to run our sewer pipe across the Nazarene Church's property and the Piersons' property. Neither of these have been accepted and both are being reviewed by the Grantors respective attorneys, however I suspect that there will not be major changes in either one. I have discussed the options you mentioned in your 9-26~90 letter with the Piersons and they maintain that they will not change their requirements for granting a public easement: inclusion of a portion of their property into the urban growth boundary and waiver of the connect and systems development fees for the residences on their property. Because of the Piersons' stance, our next best option is to ask for connection to the City sewer system. If you require any other information, please let me know. Thanks. Yours truly, LJ~L David Lane 1700 E. Main St. Ashland, OR 97520 482-8866 home 773-6611 work GRANT Of EXCLUSIVE EASEMENT fOR SANITARY SEWER Ln.::; () r) sid era t -i 0 n () f thE; sum () f $'1. 0 O. The As: hl a n d C h t...l r- c h () f t h (0 Nazarene. Grantor. convey to David and Patricia Lane. Grantees. a perpetual and exclusive easement to use a strip of land 20 fest ln \ttidth, thE' center'-:"::ne of t..~h-ich i:::; -I-::::<~ated as fol-Iows aCT'OSS thE> prop~rty of the Grantors: A line. beginning at the northerly edge of the Church's property where the Church's sewer line runs under E. Main St.. oarallelihg the church's sewer line until it meets a line running substantially east to west. located 50 feet south of and ;8 sse n t i all ,"I P .::w all e 1 -'I n ,~t h e c en t e r- 'line of E a s .t tv];~ -i n ::: t r' e e t . said line extending west to meet another line at appro~:imately 135 degree angle extending from the Grantee's residence. thence extending UP this angled line to the Grantees' property located at 1700 E. Main Street. Ashland. Oregon, also know as Tax lot 9 0 9. 3 9. 1 E. 'I 0 D. ( S E' E: a t t. a c h e d d i a 9 I~ a if; . ') fhe Terms of this easement are as +o11ows~ 1, Grantees and their agents. 1ndependent contract.o0s and invitees shall use the easement strip for sanitary sewer purposes only. and the grantees may construct and maintain therein a sanitary sewer pipe. Z4 "The use. of t~le said easement by Grantees shall be exclus'ive and the sewer pipe shall serve only the property of the Grantees. located at 1700 E. Main Street. Ashland. Or~gon and no other. This easement shall r- em a i n i n e f fee tan d s h a -i '! bee Co fTl E' par~: 0 f the de e d hi toOt 8 nth I."::: I~) !>":. n tee s sell or other-wi se dispose of thE; p('oper-t.y. 3. Grantees agree and covenant to indemnify and defend Grantor from any loss, claim or liability to Grantor arising in any manner from Grantees' use of the easement ~trip. Grantees assume all risk oi-ising out of their use of the easement strip and Grantor shall have no 1 iabi-I ity to Grantees or othet~s f();" any condition e>(isting there":ln Ot~. .thereon. 4. This easement shall be percetual: however. in the vent that itis not used by the Grantees for 2 period of five years. or if otherwise abandoned by Grantees. the easement shall automatically expire and Grantees shall. upon request. execute a recordable documen~ evidencing such expiration. 5. This easement is granted subject to all prior easements and encumbrances of record. situate in the real property owned by Grantors in Jackson County. Oregon as described in Exhibit A attached hereto. Page 1 - Grant of Exclusive Easement In Witness Whereof. the parties have caused this instrument to be executed effective the date of its signing below. fhe Ashland Church of the Nazarene by: ...... ...........-................... Grantol~ David Lane. Grantee .......-.......................................... ............................... .............. .....................-............ Patricia Lane. Grantee Page 2 - Grant of Exclusive Easement Date Date Date -'\~~~ ~"b~ t""'_ f>(\} '-- ~ ~ ~ ~ ----'-- 'h o '-1 ~ -....] ~ (J) ~ ~ ~ ~ (J ~ (J) ............. @J rt) "X ~ a:) -"1 .~ I I~ I~ I~ It:? 1'1 I I I I I I I / GRANT OF COMMON EASEMENT FOR SANITARY SEWER In consideration of the sum of $1.00. William R. Pierson and Gwen Jones Pierson~ Husband and Wife. Grantors. convey to David and Patricia Lane~ Grantee, a perpetual and c~mmon e~sement to use a strip of land 20 feet in width, the centerline of which is located as follows across the property of the Grantors: Beginning at a point which is located on the northerly right of way line of the East Extension of Main Street in the City of Ashland, Oregon~ which point bears west 306.45 feet and south 337.30 feet from the N.E. corner of the Donation Land Claim No. 4S , which DLC corner is located on the north line of Ashland Acres, an official plat now of record, marked by a 3/8" iron pipe; thence running N. 07' W., 293 feet more or less to the centerline of a 12" diameter sanitary sewer, belonging to the City of Ashland, Oregon. The Terms of this easement are as follows: 1. Grantee and their agents, independent contraGtors and invitees shall use the easement strip for sanitary sewer purposes only, and the grantee may construct and maintain therein a sanitary sewer pipe of no more than 4" diameter. The sewer pipe shall serve only the single residence of the Grantee, located at 1700 E. Main Street, Ashland, Oregon, and no other. This easement shall remain in effect and shall become part of the deed when the Grantee sells or otherwise disposes of the residence. The use of the said easement by Grantee shall be in common with the easement granted by the Grantor to the Ashland Church of the Nazarene. 2. It is expressly agreed by Grantee and reserved by Grantor that any use of the easement, except by the Grantee, and any sewer installed therein by the general public and/or by the City 'of,Ashland and any trespass consented to by Grantee upon the easement by the City of Ashland, its agents, or employees shall extinguish this easement forever and render it nullity. It is furthermore expressly agreed by Grantee that any voluntary agreement or permission granted by them to the City of Ashland to connect any sanitary sewer pipe installed within this easement to any public or municipal sewer, other than at the northerly terminus of the easement as described hereinabove, shall extinguish the easement and all rights and appurtenances thereof forever. 3. Grantee agrees and covenants to indemnify and defend Grantor from any loss, claim or liability to Grantor arising in any manner from Grantee's use of the easement strip. Grantee assumes all risk arising out of their use of the easement strip and Grantor shall have no liability to Grantee or others for any condition existing therein or thereon. Page 1 - Grant of Common Easement 4. This easement shall be perpetual; however, in the vent that it is not used by the Grantee for a period of five years, or if otherwise abandoned by Grantee, the easement shall automatically expire and Grantee shall, upon request, execute a recordable document evidencing such expiration. s. This easement is granted subject to all prior easements and encumbrances of record, situate in the real property owned by Grantors in Jackson County, Oregon as described in Exhibit A attached hereto. In Witness Whereof, the parties have caused this instrument to be executed effective the date of its signing below. William R. Pierson, Grantor Date Gwen Jones Pierson, Grantor Date David Lane, Grantee Date Patricia Lane, Grantee Date Page 2 - Grant of Common Easement September 26, 1990 fjfr David Lane 1700 East Main Street Ashland, Oregon 97520 Re: Sewer Connect Requcast 1700 East Main Street Dear David: The City Council approved the Nazarene Church connection to the sewer on August 21, 1990. The approval was based on the use of the line to be exclusively for the Nazarene Church. During the negotiations with the Nazarene Church, every effort was made to construct public sewers as per our master plan, but a reasonable agreement could not be reached with the Pierson's. Under these conditions, staff recommended approval of the Nazarene Church with a provision that they agree to participate in the future costs of a public sewer in accordance with the city of Ashland sewer master plan. The City Council was very firm in their limiting the connection to only the Nazarene Church. I recommend that you check with your neighbors and see if there is any potential of forming a local improvement district to construct sewers to serve the entire area. I cannot recommend to the City Council that we continue to allow "piecemeal" connections to the City's sewer system. A second option would be the easing of the requirements by the pierson's for an easement for a City sewer which could serve the entire area surrounding your property. The city is willing to pay a reasonable price for an easement, but cannot grant connections as requested outside the Urban Growth Boundary. You might wish to pursue that option with the Pierson's. David Lane September 26, 1990 Page Two I am enclosing the sections of the Ashland Municipal Code that outline the requirements for connection to City sanitary sewers for your reference. . I am forwarding a copy of my letter and your request to the Council as information. Sincerely yours, Steven M. Hall, P.E. Public Works Director cc: Brian Almquist, City'Administrator Mayor and City Council Jim Olson, Assistant City Engineer Pam Barlow, Administrative Assistant encl: Lane letter Council Minutes (8/21/90) AMC 14.08.030 ~emorandum October 31, 1990 ijI n: city council JIf rom: ~ubjed: Pam Barlow, Pub. Wrks. Admin. Asst. Removal of "Bikes on Sidewalk" signs The Bicycle Commission recommends that Council request the State Department of Transportation remove the "Bike Route on Sidewalk" signs as well as the "stop" and "Yield" signs on the Siskiyou sidewalk bikepath. The Bicycle Commission strongly feels that these signs should be removeQ and replaced with "Bike Route" and "Bicycles on Roadway" signs to'alert'motorists that the sidewalk is not the only legal route for bicyles on Highway 99. The intent is to allow bicyclists who feel confident and comfortable in mixing with traffic to do so as is allowed by state statute. The second intent is to minimize the conflict between pedestrians, bicylists and joggers who jointly use the sidewalks. Allen Drescher, Ashland Municipal Judge, has advised the Bicycle Commission that the yield and stop signs for bicycles on the sidewalks are not enforceable if the bicyclist is traveling at or below pedestrian speed of 5 miles per hour. It has been observed that most bicyclists ignore the stop and yield signs while motorists expect the bicyclists to obey those signs. In addition, motorists often expect those bicyclists 'riding in the traffic lane to obey ~he bicycle stop and yield signs. Several accidents have occured due to those factors. The Bicycle Commission respectfully requests the Council to have staff sign and forward the following letters on their behalf. cc: Allen Drescher . , ;4 f!"- r 1,,( /r f[r r Join the Ashland Conservation Team !' Thanks for getting in the A.C. T.! Please review the information regarding the types of work to be done and fill out the attached application form. Return the completed form to City Hall or the Community SeNice Volunteer Program at 1175 East Main; or the Ashland Ranger District Office at 645 Washington Street. For more information, call the Community SeNice Volunteer Program at 488-5315, Public Works at 482-3211, or the Ashland Ranger District at 482- 3333. TYPES OF VOLUNTEER WORK Categorized to Physical Requirements Definition of Physical Raquirementa of Voluntary Work. LIGHT; Lifting 10 to 15 pounds, Oarrying under 15 pound.. Reaching over shoulder, Pulling hand over hand. Walking., Use of fingers. Both hands ~equ1red, Near vis ton correctable at 13- to 16". Hearing required (aid permitted). , ". , . MODERATE: Lifting 20 to 50 pounds, Carxying 20 to SO poundll. Crawling, Kneeling, Walkins. sundin&. aapeatad bending, Olimbing. u.. of lega and arm.. Reaching over .boulc!et'. Pullins hand ovet' band. U.e of' fingera. Both hanel. r.qu1xed~ Near vieton eonectable at 1311 to 1''', Hearing (aid permitted). Hearing required (ai4 permitted) HEAVY: L:l.ftinS 50 to 100 poun48. Carrying over 50 pounds, Crawling. Kneeling. Walking. Standing. Repeatee! bending, Climbing, use of legs and ams. Reaching over shoulc1er. Pulling hand over hand, Use .of fingers. Bo~ hands ~.qulr.d. N.ar vi.lon oor~.otabl. at 13" to 16", Hearing required (aid permitted). Environmental Factors of Voluntary York, 1) OUtside. 2) Excessive heat. 3) Excessive cold, 4) Exeeslive humidity. 5) Exces.ive dampn... or ohilling. 6) Exo...ive noile, intemittent. 7) Dust. 8) Fumes or smoke. 9) Slippery or uneven . walking surfaces. 10) Wo~kinl around moving objeots or vehicl... 11) Unusual faticue faoto'r8 (usually resulting from the combination of terrain and type of wor~). 12) Extremely 8ceep,;ena1n requiring good balance and coordination while workins and walking. Categories of Volunteer Work. The following briefdeactipt:l.ons of potential work for volunteers emphasizes and respond. prtmarily to the need for 'vegetative manipulation' wi thin the Ashland Oreek Watershed. Tbe xight amount, type and physiological condition of vegetation 4eterm1ue. the long term produotivity, enhancement: and fire protection of the A.hland Creek Watershed, -0- !rune vegetation from shoulder. of bl1n4 corn.~' of road 2060 within Oity .4mln1.t.~e4 land. Entaile the use of .harp hand tools (axe, pruners) _ cutting 11mbs from ~r.es or shrubs on ~orner8 of road 2060. which hAve ra8tricted vi.ibi~ity:cr.atin& 8. .&fety problem to d~ivers. hiker. and bicycl1sts,PhY81ca1 Requirement: Light. Environmental Factors: 1. 2. 3. 4, 5, 9. 10. : -0- Hand. pile slash on City administerea land abolle roa4 2060 91: WlnbW:n Oamp.' Entails the eombinatlon of chain saws and sharp hand tools, cutting logging slash and vegetation. Vegetation and slash is cut i~ to sizes that allows for piling. Piles are construoted in suoh a manner as to allow burning at a latter date. Plastic covering 1s placed over the piles 80 that the piles are dry when rain or snow conditions allow for the safe burning of the piles. Physical Requirements: Heavy, Environmental Factors: 1 2 3 4 5 6 7 8 9 11, 12. ' , · · , , · , , -0- Pull small manzanita ahrub. from a .haded fuel break. Manzanita shrub. will be pulled by hand. Requires fairly strong grip and ability to ~alk on ridge with .lope. up to 4S , angle. Bending and kneeling common. PbY'lcal Raqutremanta;Moderate. Environmental Factor.: 1, 2, 3, 4, 5, 9. -0- Co~truct fireline for next p~elcrlb8d burn within the Ashland Creek Vatershed, With the uae of hand tool. and chain saws construct clearing part of which is scrapped to mineral 8011. Cutting of ground vegetation and small ahruba and t~eea with the us. of hand tools requi~ed. Cut material is usually diaper.ad outaide of the area to be burned. Ground .lopa for walking and working average 4St. Phyaical Requirement.: Moderate. Environmental 'actor.: 1, 2. 3. 4, S. 6. 7, 8,.9. 11) -0- Plant trees near the eorner of Oxanite Straat &114 Glenviev. Plant trees at the area where exe~a8ive tree mortality occuxred due to insect and drought influence,. The use of 'bo4$g' (special hoe for tree planting) to claar vegetation and establish hole for tree roots 1. nece.aary. Carrying trees and planting will be on 65+\ slope. Physical Re~u1r.m6fte.: Hode~ate. Environmental Factors: 1, S. 4. 5. 9, 11, 12. -0- Thin ahrubs and den.. hardwood and con1f.~ t~.el contributing to fire haza~d located batv.~n alenviev Street and Litbia Par~ . With the combination of hand tools and chain sawa cut vegetation in such a manner to allow for hand piliuS and covering. Physical Requirements: HeavY. Environmental Factors: 1. 2. 3. 4. 5, 6, 7, 8. 9, 11, 12. ..0- C16in d6bf11 OU-C of the .tflam channel of Ashland Creek within the Ashland Cxeek Oanyon &%ea. Pull limba. logs and other vesetative debris out of stream channel that contributes to eroaion problems. Moat of the work 1.a with ehain sawa and hmd work. Work environment on alippery rocks and within water. Phy.ical Requirements: Moderate. Environmental Factors: 1. 3. 4. 5. 6. 9. ..0- Con.truct .haded fuel In:ea'b within Cit.,. Admini.tered land. This construction will complete (an~hor) shaded fuel breaks that were conatructed and maintained on National Foreat Land deacending into City administered lAn". The ule of chain B..WI and hand tools with heavy physical work i8 the norm, Selected dense understory vegetation is cut and burnad or piled (piles burned at a later date). Ph1s1cal Requirements: HeavY. Environmental Facto~s: 1, 2, 3, 4. 5. 6. 8. 9. 10. 11, 12. -0- Plant willow .p~out. on the .hore line of 1eeder 1eaervolr for slope stability _ gra88 8eed 8boulde~ of road parallel to aeeder. Bending, stooping, kneeling common. Physical Requirements: Light. Environmental Factors: 1, 3. 4, 5. ASHLAND CONSIRVATION THAM (ACT) Uolunt..r Applio.tion .nd ftgreement 1) Hame <Print): Soc:lal S.C:\,lrit~ th 2) Add....e.s:, 3> Date of Bil'th: If under the age of 18 .i~n.t.\.lre and .pproval b~ parent 0,.. guardian will be neces~ar\l and child 14abo....l.ws will be complied with. Drl...II'S l.lcense I: 4) L.i.t Ph....ic::.l or Medlc:al Limitations: ,5) Do \IOU have !lenslt.I..,I~w to I'oison oak ~ b.. stlnas? 6) list Abilities or Qualific.t.lonsl 7) Do \JOu. nave . chain saw, ..x.., h.rd hats, or 110v.s? 8) Volu.nt..,.. work c:an be ph...sic:~lly demanding, Work can be disc:ribed a. h.av,=" medlu.m to light. Aft..r reading the attached .xplln.tlon sh..t - whlc:h categorw would '-'OU best b. able to perform, if need b.? Check one. HEAVV: I_I MODERATE: 1_' LIGHT, 1_' 9) Do ..,O~ p"'.f..... to work In the morning, .ft..ernoon, weekdaws or weekends? '--1 Mornins; 1_' Aft..rnoon L...1 We.kda..,s I~ W.ekend 10> After .....ding th. at.tached explanation she.t. of potential work pr'oJec:t.s, wh~t special t~l.ntl or skills do ,-,ou have th.t m..., be .pp~opriat. to th. ACT proaram? 11) Upon you.r sis;natur'e, it i. aar.ed eit.her the Cit... of Ashlandl or u~ S. Forest may canc:el this asr..ment. at an... tlme~ , , , Slsanat.ure . Volunt..r n.::at.. SiSlnature ApPr'oylng Offic:i.l n.::at-.. .......... ........,. ...",. A,...,. Tur II^QUt 6U1\ rnw~J:'QlJQT'nN TE:~M'. ill-WEST COMMUNICATIONS @ Novemper 30. 1~~0 , Ci t~. ot' Ashland Jim Olsen Ci t~. En~ineer 27 N. Main Ashland. Ore~on U752U Mr. Olsen: After consideration of alternatives. I find it necessary to request a variance to the 5 year street moratorium. I am' requestinl permission to cut 3 feet on the east side of the alley located north of the corner of Skidmore and Van .Ness. The cut would extend from the be~inning of the asphaltic surface north Approx 140. (near the alley apron onto W. Herse:."). I will be placin~ a 41' conduit in slurr:.. fill for t'eeder .cable to W. Hersey. 'This duct will eliminate 3 poles and aerial cable and drop wire now servin~ this area. Thank you for your consideration, Hark P. McCinnis Manager En~ineerin~ U S West Communicatiops 132 \~. 4th St. Medford. Ore~on ~7b01 503 776-1153 iU/~..!:j W~S pC-t)~tP 1.1 J1 d l' ", J'YI 0)'(; -1-0" lUJY1' -:5-frr{+ . y~ ( ~ )Vl.~ /J oJ.:s 6 Yl 1- z 7... E:>t5 CiIf1J rs. un 1-,-1 1-27-~3. E15"tY)et'~/~ c,/",;://'v ua.e 6+ Luf 1/- 30- 90 >> c.-- 40~ . ''\ ~ f. .......: 0' f OUA SUPR " .j " \~ 4 - , ~ u 'u v';, lJJ (j') r<) , ORDINANCE NO. AN ORDI~ANCE DISPENSING WITH AN ELECTION WITHIN THE CITY'OF ASHLAND ON. THE QUESTION OF A PROPOSED ANNEXATION AND SETTING THE TIME AND PLACE FOR A PUBLIC HEARING THEREON; SETTING A PUBLIC HEARING DATE ON, THE WITHDRAWAL OF CERTAIN REAL PROPERTY FROM JACKSON COUNTY FIRE DISTRICT NO.5; DIRECTING PUBLICATION OF NOTICES AS REQUIRED BY ORS 222.524; AND DECLARING AN EMERGENCY. (CROWSON ROAD ANNEXATION) THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The City of Ashland finds that the owners of the property desc.ribed in Exhibit "A" attached hereto and by this reference incor- porated herein have consented to the annexation of said land to the City of Ashland. The Council further finds that there are no electors residing in the proposed annexation. SECTION 2. The submitting of the question of the annexation is hereby dispensed with and a Public Hearing is hereby called at the Council Chambers, Civic Center, 1175 East Main Street, Ashland, Oregon, on January 2, 1991, at the hour of 7:30 P.M., at which time all persons may appear and be heard on the proposed annexation. SECTION 3. Pursuant to ORS 222.524 a Public Hearing shal'l be held' on January 2, 1991, at 7:30 P.M. in the Council Chambers, Civic Center, 1175 E~ Main Street, Ashland, Oregon, on the question of withdrawal of certain real property from Jackson County Fire District No.5. All persons may appear before the Ashland City Council and be heard on the question. The real property above mentioned is situated in Jackson County, Oregon, and more particularly described in Exhibit "A" attached .hereto and by this reference made a part hereof. SECTION 4. In order to schedule a public hearing in a timely manner, the public interest requires that an emergency be declared and this Ordinance shall take effect on its passage and approval by the Mayor. The foregoing Ordinance was first read on the 4th day of December, 1990 and duly PASSED and ADOPTED this 18th day of December, 1990. Nan E. Franklin City Recorder SIGNED and APPROVED this day of December, 1990. Catherine M. Golden Mayor NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Ashland City council will hold a ' public hearing on Wednesday, January 2, 1991 at 7:30 P.M. in the civic Center Council Chambers, 1175E. Main Street, on the following matter: Annexation and zone change for property located at 209 Crowson Road. Zoning from Jackson County RR-5 to City of Ashland R-1-10- P. Assessors map no. 39-1E-13C tax lot 2300. (Giordano, Wagner and Ward, Applicants) All interested persons are hereby called upon to appear at said hearing to express their views. Written comments will also be received at the office of the city-Recorder, Ashland City Hall, during business hours until 5:00 P.M. on Wednesday, December 26, 1990. By order of the City Council Nan E. Franklin City Recorder PUBLISH: Daily Tidings December 17 an~ 24, 1990 POST: 4 public places December 17, 1990 ijI 0: JIf rom: ~uhjtd: ~emnrandum November 8,.1990 City Council Planning commission Planning Action 90-195 please schedule a public hearing for Planning Action 90-195, 209 Crowson Road, at your earliest convenience. Thank you. , ordinance criteria the obJcc1,ion is based on also precludes your right of appeal. Notice is hereby given that a PIJ8LIC HEARING on the following request with respect to the . ASHLAND LAND USE ORDINANCE will be held before the ASHLAND PLANNING COMMISSION on the 9TH DAY OF OCTOBER, 1990 AT 7:00 P.M. atthe ASHLAND CIVIC CENTER, 1175 East Main Street, Ashland, Oregon. The ordinance crite.;a 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 surficient specirtcity to afford the decision maker an opportunity to respond to the issue, precludes )'Our right of appeal to the Land Use Board of Appeals (LUBA). Failure to specify which A copy of the application, all documents and evidence ,relied upon by the applicant and applicable criteria are available (or inspection at no cost and will be provided at reasonable cost, if requested. A copy of the starr .report will be available for inspection seven days prior to the hearing and will be provided at reasonable cost, if requested. All materials are available at the Ashland Planning Department, City Hall, 20 East Main, Ashland, OR 97520, During the Public I lea ring. the Chair shall allow testimony from the applicant and those in attendance concerning this request. The Chair shall have the right to limit the length o( testimony and require that comments be restricted to the applicable criteria. If you have any questions orcomments concerning this request, please feel free to contact Susan Yates at the Ashland Planning Department, City Ilall, at 488- S30S. ... -~~ ~ - ............ . _. .C"..=.-. ~C~......~ r-.'.'''''' ~~ / , ~1N!lT t1~ r N "li_.. .'~ ~ ~. . '." .' . .' , ..'.(...' " '" .. PLANNING ACTION 90-195 is a request for approval of an annexation and a nine lot subdivision under the Performance Option Standards . at 209 Crowson Road. Comprehensive Plan Designation: Single Family Residential;, Current Zoning: RR-S; Proposed Zoning: R-1-10-P. Assessor Map #: 13C; Tax Lot: 2300. APPLICANT: Giordano, Wagner a!nd Ward -: RESOLUTION NO. A RESOLUTION DECLARING THE CANVASS OF THE VOTE OF THE ELECTION HELD IN AND FOR THE CITY OF ASHLAND, OREGON ON NOVEMBER 6, 1990. WHEREAS, the City Council of the City of Ashland met on the day of December, 1990, at the Civic Center of said City and proceeded to canvass the vote cast at the Election held in and for the City of Ashland on the 6th day of November, 1990, and WHEREAS, the said Council has canvassed the said vote and has determined the number of vqtesfor,the.measures as follows: MEASURE 15-10 Ordinance to limit Opacity of wood smoke. Yes 4901 No 1971 MUNICIPAL JUDGE 4665 --:3 Allen Drescher Write Ins Nan Franklln CITY RECORDER 4320 COUNCILMEMBER - POSITION NO. 1 3047 3090 ---r Dennis De Bey Don Laws Write Ins Susan-Reid write Ins COUNCILMEMBER - POSITION NO. 2 4184 ---"2 COUNCILMEMBER - POSITION NO. 4 Pat Acklin write Ins 3797 ~ COUNCILMEMBER - POSITION NO.6 G. Philip Arnold Leo Jansen write Ins 3094 2471 ---r PARK COMMISSION - POSITION NO.3 Brother Fred Wes L. Reynolds 1105 3173 PARK COMMISSION - POSITION NO. 4 3673 Tom pyle PARK COMMISSION - POSITION NO. 5 2814 ' 2337 Al Alsing Teri Coppedge (1) NOW, THEREFORE, be it resolved by the City Council of the City of Ashland as follows: section 1. Measure 15-10, which provided for a limitation on the 6pacity of wood smoke is hereby declared to have passed. section 2. Allen Drescher is hereby declared to be the duly elected Municipal Judge. section 3. Nan Franklin is hereby declared to .be the duly elected City Recorder. Section 4. Don Laws is hereby declared to be the duly elected Councilmember of position No.1. Section 5.. Susan Reid is hereby declared to be the. duly elected Councilmember, position No.2. Section 6. Pat Acklin is hereby declared to be the duly elect~d Councilmember, position No.4. Section 7. G. Philip Arnold is. hereby declared to be the duly elected Councilmember, position No.6. . section 8. Wes L. Reynolds is hereby declared to be the duly elected Park Commissioner, position No.3. section 9. Tom pyle is hereby declared to be the duly elected Park Commissioner ,'. position No.4. Section 10. Al Alsing is hereby, decl~red to be the duly elected Park Commissioner, position No.5. The foregoing Resolution was read and adopted at a regular meeting of the C.ity of Ashland Council on the day of December, 1990. ---- Dated this____day of December, 1990. APPROVED: Mayor ATTEST: City Recorder (2 ) PROCLAMATION I, Catherine M. Golden, Mayor of the City of Ashland, Oregon, do proclaim that at the election held in the City of Ashland, Oregon on the 6th day of November, 1990, there was submitted to the voters .1 measure related to placing a limit on the opacity of wood smoke and said measure did pass= in addition, there were submitted to the votors the question of the elections of persons to various elective offices in the Ci ty and it is hereby declared that the following persons were elected to the positions set forth next to their names: Municipal Judge . City Recorder Councilmember, position No. 1 Councilmember, position No. 2 Councilmember, position No. 4 Councilmember, position No. 6 Park Commissioner, position No. 3 . Park Commissioner, position No. 4 . Park Commissioner, position No. S . Allen Drescher Nan Franklin Don Laws Susan Reid . . Pat Acklin G. Philip Arnold Wes L. Reynolds Tom pyle Al Alsing Dated at Ashland, Oregon on this____day of December, 1990. CatherineM. Golden, Mayor f:..::. (:...:. l...L_ C.. ( ~,~. c) ....... u':': >-< >-< Office H H Jl recorded City of (,) ~ -< -1 ~ZCl'l on this p.. p.. ~~ com Ashland oQ , 0 sheet 01 0,1 ~ ~ I/} ~ 10\ ~ ~ ii'~ County ~ ~~ ::::~ 11 ~ l: ~ j' t 3 "V ,,~ ~ ~ JACKSON :; ~~ :co ~\ ~ ~ ..' t~ ~ ~ c H:C ~~ ~ ~ .... N ~ 0 ~(I) ~(I) 1~ ~.~ Section .. OA OA ~ ,~ ~~ ' lii 0 ~~ ~ . E-40 E-40 ~8 ~~ ~ ~ .! .~ 0 ~ November 6, 1990 A A~ ~ s::: ~ ~ ~~ ~ \I: ........ .... , i:: '~ p::j~ p::j~ "" V ~.~ 1.. ~ ~ ~ of~ 00 00 ~~ ~ \ . ~ )> '-g- 1 pages , ~ ~ ~J ~ '" (I) ~~ ~~ '" (It ~ ~ ~ ~, .... -4 __or . I ~ ~ No. of Precinct 15-10 15-10 m , n 0 1 1.$,2'1 II..? Idlff / Id~X' /79 ..:10'1 1.J~7 .... " :f ~_<' /~~ ~4/J _~,14 ...,t / /J ,.-14~ ~/7 0 0 2 ." ,., , ,~49' /~'7 ~/L ,:; i/J L:1 ~_~ >7~ I ..2?~ I < m 3 0 S'tJ .:J ~ JlIJ ,1/99 .// D If <~IJ Id?7 4..19 0 z 4 J .... m 5 5?~ /4~ 3'7" oS' .J.rt ,~/JJt 1.:2#/ I_-r /7 '" ..- /tJ~ 1..2 ~ / .dl J/ / /.5'9 j?'7 6 c5//J I I.1S/ 7 HAi /~t:, .3/,7 j#? L.:/C ;1~~'" I ~ .1/# ~ 8 _-5~1' /~N $77 , ~t9 I';/~# dlJ/9 1..:J.'g9 :-1 :S... .511< bJ~ --<?/I I-IJ4 .. ... 9 l' L.?d ~ ~.fJ" ~-</ l~':- Q..:r ff ~~ ~7 L,1 -5t ..t~ i~ ; . . 10 c. I. !. Q.. .. i~<" ..:?A J . i 11 15:2 /J 1479 1..,,7~~ ,4J4 )/q ~ 12 L.2d /2? 1.;1.1/7 ' ~~.:t /5,< /9~- dU~ 13 l~t9 /?/J .~Y2 <- ~.:J ~4-f Ij71 ,J/1 107 ,-;! 71 /,1" ~J/~ ~.:2/ i9~ /:!9 ..:t~/) -, ,..,...t" ccz t.... ..:!: , o&:l o&:l 0 ~~= . : - . . ': . 0 c...o ;;. t' ~ ~-i i .. . 0 ! :a :"IP'!" f..U\c ;'i:in !!. · CA t..oi 03;... _ n 0 ~: ; :! I- ~ ~ . i = %.0_ . . OU\CI'l - . . :r ... _ ~ . . ...",CI'l . . ~ :a .. . . ... .. 0 . .. ~... TOTAL (}rFJnn W9t/ Iff?/ 14tt5 -1 VI~tJ b;tJ11 dIY?~ / 1#1'# ~ I certify that the votes recorded on this abstract eor- ~;;::c:Je~W Date of Abstract redly summarize the tally of votes cast at the election /I-d~ --9D indicated. ABSTRACT.OF VOTES AT GENERAL AND ABSTR';:yt OF @YfES AT PRIMARY ElECTIONS: SPECIAL ELECTIONS: Separate sheets for Democratic, Republican. Nonpartisan" and other V otescast for Governor must be on separate candidates. Separate sheek for candidates for City. County {including precind} page or pages. and State office. For additional instrudions see ORS 250.810. For additional instrudions, see ORS 249.410. n H t-J to< o "ld > en = t'" ~ l:l E:::J .f;] Cc? Office ~I ~~ ~ reeord.d City of ~I~ I ~ v. on this ~ ~ m Ashland 'J) ~ 0 sh..t ~1 \t ~l 1 ~ "TI .; \r ~ ~~ 0 County "'0 ~p ~ ~\ ~ .tr--. ~ : -.\l 3 :; ~, -~ ('. -~ ~J JACKSON c ~. ~ ~I~ ~~ ~ ~ 0 ~~ l ~~ ~j~ Election .. ~. ~ ""\ ~ 0 ~~ ~~~ ~ .~ . ~~ ~!~ ~ November 6, 1990 j ~ { ~ ~I~ ~"S ~i~ '~ ~~I~ r.g. ~ of.~ peg" ~ ~ ~~ ~b-.. '- ~ ~ .~ ~~ i. 0' ~I~ ~~ ~ '~ ~~ ~~ \~ '" en i~ -I -t ._or . I ~ ~ No. of Precinct m n I.J~III( /9? /~~ ~J? I? '1 I~J? /~q L1'~ -I 0 1 -n 1..:l~J? J ~L.Y /.//~ 7~ .:/2? .:J 4"' ~ ..:1"j ;,I /.f)' I 0 0 2 ." ::0 1-1..11' 1 /9..:/ 1;;4 I 2<'" /?..3 i~J~~ /.dI9 179 < ~ 3 0 I .1/9 l.:ttY /.:2.:/ .14Q 0 z 4 '1.41J~ ..-?9? ..:17# LJ~/) -I m ,,19,!} . :.:J~ =? 4 ...:{ ~ I 3'7 ,( ~.t/ ..:t 77 /9'7 /9.-5 '" 5 6 ~4v ./75 L:f? 9.:1 /7/J ...:1~3 /4..:/ J;~ 7 ~/S I l~tt /fK" ~ ~~;/I __-'fA? I ":/~f' '" . 8 -~ / /) ld:!/'l I~,.$l 79 1...1.?7 1..:3'~..-1 dt5-?' /1'9 :-1 ~~i ,..1Y7 1..274 /H 95 _:L~7 -21"9 /r4 ,..:l.2J? ft . . 9 ' !!. '" ..a..:r ~3 tt4 ~.2 .. . . .:<7 32' ..:14 ~7 4/ . :I . 10 !!. .. .. a.. .. . i' 11 1/L.:J'i .-1'-7.3 c<9~ . 7..$ 1~?.:1 .~.t 4114 /9.5 a- 12 dl.:l/J /44 /74 . 7/J /9/ 1-1.,14 /79 /;;! t? 13 ~f/) ,;1/11 ~jJl 7.!J' -:J?L ,;/y/ ,d7~ /~~ 107 /~?' /.5'9" L:loS'" ~7 /.//9 /d9 /.?~ /3_< ~!"'~ 00% I-I-f 1.ti .1- ~..S? ~~I 3:,A = a.. . .. . :I : :-ape!" c..",c t!Y- 9.. '" !..O~ O~i- ~. .. Sl .. · .. &.. 0 g -; i ~ ~~ . O",v. - - -. . :r__ . . . 01,.,,,, . . ~ :I .. . . - .. 0 . .. ~.. ~ ~. TOTAL 12 "'AHrl _L__ /IJ i,:/J~# :/1/7/ I ///J~ ~/1fJ 3673 ~/4 ~.J'.31 ~7Y7 I certify that the votes recorded on this abstract eqr- ~'ofCU~ M- . Date of Abstract redly summam~ the taDy of votes cast at the election indicated. ' /Jo-!- }; " -'.,..- f1 1/--c5f&-Qf) ABSTRACT OF VOTES AT GENERAL AND ABSTRAsn OFGbTES AT PRIMARY ElECTIONS: SPECIAL ELECTIONS: Separate sheets for Democratic. Republican. Nonpartisan.. and other Votes cast 'for Governor must be on separate candidates. Separate sheets for candidates for City. County (including precinct) page or pages. and State office. For additional instructions see ORS 250.8 10. For additional instructions. see ORS 249.410. (') H ~ t< o 0'Jj > en :x: t"' ~ o JI <:~ ___.:.I ~ ::i. T1 g A ___...I -t::. h_ <..~ ~r :i -t-.:, y 2231 Table Rock Road C)I .7CL~ksClTl.. Medford, Oregon <: c> -.....1 rl! -t:::. y 97501 (503) 779-5785 Septf-~mb{?r 29, 1989 Rob ~yinthrop Chair, Affordable Housing Committee 347 Guthrie Ashland, OR 97520 Dear Rob: The Housing Authority is interested in assisting you to achieve the goals identified by your Cbmmittee in any way that we can. Production of new housing is Very expensive and is one area where Federal as- sistance can be most welcome. Money is available on an annual basis and the Housing Authori ty can apply ,""henever it has a \'alid coop- eration agreement with a local government. At present we have no such agreement with the City of Ashland. I have enclosed a copy of a co- operation agreement together with some attendant certification forms as supplied by the Dept. of Housing and Urban Development. This agreement would allow us to apply for funds ~o acquire or build housing for our low income public housing program in Ashland. The ci ty has in the past entered into exactly such an agreement ld.th us and that resulted in the fOllr homes w~ currently own in Ashland. You could specify that new construction as opposed to acquisition be used so as to increase the availability of housing. We could also cooper- ate in an infi11 project. In fact, if the city could donate the land it would substantially increase the probability of funding. If you have any questions please call me or Ina Silverwood at 779-5785. I am pleased at the concern your Committee has evinced con- cerning the plight of low income families and hope that we can work together in providing at least a partial solution. The Federal pro- gra~ discussed here is only one avenue we can pursue. Please consider us as a resource in your future plans relating to housing. Sincerely, ~"i<J U Scott Foster Executive Director encl RESOLUTION NO. 90- RESOLUTION OF THE CITY COUNCIL APPROVING THE ENTERING INTO OF A COOPERATION AGREEMENT BETWEEN THE CITY OF ASHLAND AND THE HOUSING AUTHORITY OF JACKSON COUNTY AND AUTHORIZING ITS EXECUTION. WHEREAS, it is the policy of this locality to eliminate substandard and other ~nadequate housing, to prevent the spread of slums and blight, and to realize as soon as feasible the 99al of a decent home ina suitable living environment for all of its citizens; and WHEREAS, under the provisions of the United States Housing Act of 1937, as amended (herein called the "Act".), the Secretary of Housing and Urban Development is authorized to provide financial assistance to local public housing agencies (hereinafter called "Local Authority"") for undertaking and carrying out the development and operation of low- rent housing projects that will assist in meeting this goal; and WHEREAS, pursuant to Section 5(e)(2) of the Act, as amended, it is necessary in order to obtain Federal financial assistance for such low-rent housing, that the local governing body enter into a Cooperation Agreement with the Local Authority providing for local cooperation in connection with such housing projects; and WHEREAS, it is the desire of this governing ~Qdy to cooperate in the provision of low-income housing for this locality and to enter into a Cooperation Agreement with the Local Housing Authority. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of Ashland as follows: 1. There exists. in this locality a need for such low-rent housing at rents within the means of low-income families or persons. 2. The entering into of the cooperation with the Housing Authority of Jackson County is hereby approv~d. 3. The Mayor is hereby authorized to execute said Cooperation Agreement in as many counterparts as may be required by the Secretary of Housing and Urban Development. . 4. The City Recorder is hereby authorized to attest to all counterparts of the Cooperation Agreement and to affix .or impress the. official seal on all said counterparts. 5. This Resolution shall take effect immediately. PASSED and ADOPTED THIS 4th day of December, 1990. Catherine M. Golden, Mayor ( SEA!:.) ATTEST: Nan E. Franklin, city Recorder '. . .. ... . Form JIUD-52~8l. This form has been llrepared by thc Department of Housina and Urban Developmcnt for use by a Local Authority aDa'guide in drafting agreements providing for local cooperation, as required by the Housing Act of 1931. and by reF.Ulations of the De~artmcnt. Page 1 COOPERATION AGREEMENT In consideration of the mutual covenants hereinafter set forth, the parties hereto do agree as follows: 1. Whenever used in this Agreement: (a) !he term "Project" shall mean any low-rent housing hereafter developed or acquired by the Local Authority with financial assistance of the tJni ted st~tes of America acting thrV.1gh the Secretary' of :-tousing and 'Urban Development (herein called the "Government"); excluding, however, any low-rent housing project covered by any contract for loans and annual contributions entered into '~etween the Local Authority and the Govemment, or its predeces8:>r agencies, prior to -the date of this Agreement. (b) !he term "Taxing Eody4' shall mean the State or any' political subdiv18ionor taxing unit thereof in which a Project is 8ituated and which would have authority to assess cr levy real or perscnal , property' taxes or to certify such taxes to a 'taxing body cr public . officer to be levied for its use and benefit \d.th respect to a Project if it_w~re not exempt from taxation. (c) The tem "Shelter Rent" shall mean the total of all charges to all tenants cf a Project for dwelling rents and nondwelling rents (excluding all other income. of such Project), less the cost to the Local Au:thority of all dwelling and nondwelling utilities. 2. The Local Authority shall endeavor (a.) to secure a contract or . contracts with the Government for loans and a.mm&l contributions covering one or more Projects comprising approxima:te17 four 2/uni ts of 10\0:- rent, housing and (b) to develop 'or acquire and administer such Proj ect or Pro- jects, each of which shall be located within the corporate l1mitR of the !-!uni- cipali ty . !be obligations of the pa:cties hereto shall app'.y to each such Pro- ~eot. 3. .(a) 'Under the constitution and statutes of the Statp or Oreaon' t JI all projects are exempt from all real and personal property taxes and special assessments levied or imposed by eny 'laxing Body. With respect to ar~Project, so long as either (i) such Project is owned' b)" a publio body orsovernment~ agency and is used for lov-rent housing purposes, or (ii) any contract between the Local Authority and the Govemment for loans or annual contributions, or both, in connection with such Project remains in toree' and efrect, or (iii) any bonds issued 'in conneotion with such Projeot or &n11DD:ues due to the' Government in oonneotion with such Project remain unpaid, whichever period is the longest, the Municipalit)" agrees that it will notl8V1 or impose any real or personal propert)" taxes or special assessments upon such Project or upon the Local J.utborit)" with rttspect thereto. D\1ring such period, the Local Authority shall make ennual payments (herein called .tp~ents in Lieu of Taxes") . .. . . . ".~ , .' '..~ , - BUD-S248 1 Page 2 in lieu of such t~es and special assessments and in p8\YDlent for the public services and facilities 1Uxn1shed from time to time vi thout other cost or charge for or with respect to Rch Project. (b) Each such annual ~ent in Lieu of faxes shall be made after ,the end of the fiscal 7ear established for wch Project, and shall be in- an emount equal "o,eiiher (i) ten percent (l~) of the Shelter Rent charged by the Local .lhthori't7 in respect to nch Project cluring euch fiscal 7ear or (ii) the amount pem1tted to be paid by applicable state law in effect on the date nch P81Dlent is made, whichever amount is the lower. (c) 'rhe Municipali't7 Shall distribute the P~ents in Lieu of Taxes among the Taxing Bodies in the proportion which the real property taxes which would have been paid to each Taxing Body for such year if the , Project vere not exempt from texation bears to the total real property taxes which would have been pai.d to all of the Taxing Bodies for such year if the Project were not exempt from taxation; Provided, however, That no p8\YDlent for any year shall be made to ezq Taxing.Body in excess of the amount of the real property taxes which would have been paid to such Taxing Body for such year if the Project vere not exempt from taxation. (d). Upon failure of the Local Authori't7' to make ezq P~ent in Lieu of Taxes, no lien against ezq Project o~ assets of the Local Authority shall attach, nor shall any interest or penalties accrue or attach on account thereof. , . 4. During the period commencing vith the date of the acquisition of any part of the site or sites of ezq Project and contiDuing so long as either (i) such Project is owned by a public boCly or co.ernmental &pncy and is used for low-rent housing purposes., or (i1) ezq oontract between the Local Authori't7 and the Gove1'ml1ent for loans or IIm1U8l oontributions, or both, in oonnection with such Project remains in force and effect, or (iii) any bonds is~ed in oonnection with such Project or ezq monies.due to the Gove1'ml1ent in connection with such Project remain unpaid, whichever period is the longest, the Municipali 't7 without oost or oharge to the , Local Authori't7 or the tenants of such Project (other than the P8\YDlents in Lieu of Taxes) shall: (a) Fumish or oause to be 1Uxn1shed to the Local Authority and the tenants of such Project public servioes and facilities of the same character and to the same extent as are 1Urnished from time to time without cost or charge to other dwellings and inhabitants in the Municipality; (b) Vacate such streets, roads, and alleys wi thin the area of such Project as may be necess&r.1 in the development thereof, and ,oonvey without charge to the Local Authority such interest as the Municipali't7 IDQ' have in nch vacated areas; and, in so far &8 it ,is law1\1l17 able to do 80 without oost or expense to the Local Authori't7 or to the Hnnioipali't7, oause to' be removed from such vacated areas, in so far as it may be neceseary, all' pubUo or private utili't7 lines and equipment; , (c) In so far as the Mmdoipali't7 mq law1\1lly 40 so, (i) grant such deviations from the building oode of the Jimicipali ty as are reasonable and neoessary to promote econODG" and efficiency in the development and administration of such Project, and at the same time sareguard health and .arety, and (11) make such changes in &n1' soning of the .ite and surrounding territory of such Project as are reasonable and necessary for the development and protection of euch Project and the surrounding territory; , : lJUD-52481 Page 3 (d) Accept grants c1' easements necessary 1'cr the development 01' such Project, and (e) Cooperate with the Local Authorl. t7 b7 such other law1\1l acti()n or ~s as the Ilmicipali ty ana the Local Authority may find neceseary in connection with the development and administration of auch Project. 5. "In respect to ezrJ Project the Ilmicipality 1\1rther agrees that within a reasonable time after receipt 01' a written request therefor from the Local Authoritys (a) It will accept the dedication of all interior streets, roads', alle7s, and adjacent sidewalks within the area ot such Project, together with all stom and . ani tary eewer mains in such dedicated areas, after the Local Authority, at its own expense, has completed the grac11.ng, improvement, paving, and installation thereof in acoordance with specifications acceptable to the Municipality; (b) It will acoept necessary dedications of land for, and will grade, improve, pave, and provide sidewalks for, all streets boundin, such Project or necess817 to provide adequate access thereto (in coneideration whereof the Local Authority . shall pay to the Municipall ty such amount as would be assessed_ against the Pro~ect site for such wc~ if such site were privately owned); and ' (c) It will provide, or cause to be provided, water mains, and stom and, sani tarT sewer mains, leading to such Project and serving the bounding streets thereof (ia couideration whereof the Local Authority shall ~ to the Municipality such amount as .would be assessed against the Project site for such work if such site were pri vate17 owned). 6. If b7 reason 01' the Municipality's failure or re1Usal to fUrnish or' cause to be furniShed any public services or facilities which it has agreed hereunder to fumi:sh cr to, cause to be t&1mished to the Local Authority or to the tenants of err Project, the Local Authority incurs any expense to obtain such semces cr 1'acili ties then the Local Authority may deduct the amount of such expense from any P~ents in Lieu of'raxes due or to become due to the Ilmicipality in respect to any Project or any other low-rent housing projects owned or operated by the Local Authority. 7. No Cooperation Agreement heretofore entered into beweenthe Municipality and the Local Authority shall be COJ18tmed to apply to any Project covered by this .Agreement. 8. . No member of the governing body 01' the Ilmicipali t;y or any other public ot1'icial or the Municipali t7 who exercises any responsibilities or fUnctions with respect to any Project during his tenure or for one year thereafter shall have any interest, direct or indirect, in arq Project or any propert1 included or planned to be included 1n any projeot, or any oontracts in connection with such Projects or propert1. 11' any such governing body member or such other public official 01' the Municipality involuntari17 acquires or bad acquired prior to the beginning' of his tenure any such interest, he 8hall .1mmed1ate17 di8cl08e such intere8t to the Local Authority. llUD-,248l page 4 9. So long as any oontract between the Looel Authority end the Govemment for 108118 (inc1~ pre11JDin&"7 10ens) or ennue1 Contributions. or both. in oonnection with any Project remainB in foroe end effeot, or eO long as any bonds ie....ed in oonnection with azJIf Project or azJIf mon1es dUe to the Govemment in oonnection with azJIf Projeot rtIIID&in unpald, th1il Agreement shell not bs abrogated. ohenll8d, or mocU.fied wi thOllt the oonsent of the Govemm8llt. ~e privl.1eges end obligations of the Bmioipeli ty hereunder shell rtIIID&in in tu11 'foro'! end effect with respect to esoh Projeot so long as the benefioiel ti tIe to 8I10h Project is held by the Looel Authority or by azJIf other pIlb110 bodY or govex=entel agencY, including the Govo""ment. ....thorized by lsw to engsg& in the. devs1op11lent or 8lIministration of low-rent haaa1n8 projeots. If at Bn1 time the benefioial title to, or possession of, Bn1 Projeot is held by 8I1Oh other pIlbl10 bodY or goveraaentel agency, including the Govemment. the provisions hereof sbal1 s.nure to ths benefit of end 'I/lBY be enforced by, 8I1Oh other pIlblio bodY or governmentel agencY. inoluding the Gove1.'n1J1ent. 111 wrrNESS WIIEREOF the Bmioipeli ty end the Looel Authority have respec- tively- signed th1s Agreement end. o.....ed their seel8 to be affixed end attested as of the day and ,.ear first above vri tten. (sEAL ) \ Corporate Name of Municipality) AmST : BY. 'B1. '(Type Name and Title) (Type Name and Title) (SEAL ) {corporate Name 'of Local Authority) ATTEST: 'B1. Cbai1'D1&n 'B1. (Type Name and Title) ~ RESOLUTION NO. 90- A RESOLUTION DECLARING THE WHOLE SUM OF BOTH PRINCIPAL AND INTEREST IMMEDIATELY DUE AND PAYABLE WITH RESPECT TO ASSESSMENT LIENS AGAINST PROPERTY . OWNED BY EMMA IRELAND, RICHARD IRELAND; RODERi' p/' AND--Amf-. CLOUSE; BILLIE J TORRESON; JAMES R AND MYRNA OCHS; ALL AS MORE PARTICULARLY DESCRIBED HEREIN. BE IT RESOLVED BY THE CITY OF ASHLAND, as follows: section 1. The city of Ashland has caused certain improvements to be constructed within the corporate limits which benefit land owned by the following persons whose names appear next to the description of the property to which they either own or claim interest in: Name of Owner or Interested Persons Description Emma Ireland, Richard Ireland RabeFt.--.anQ.,.AImel ousc..~._._..._--- -_. -.--.----. Billie J Torreson James R and Myrna Ochs 391e 09CA Tl 13100 ') A) /1-/3 391e 04CC Tl GJOO I-.Y:' 391e 09DB Tl 11300 391e 10CB Tl 10800 section 2. The properties subject to the liens and the amounts of the liens are as follows: Description Unpaid Lien Principal Unpaid Interest Total Due on 12-04-90 391e 09CA TL 13100 391-e--04GC TL 6300 391e Q9DB TL 11300 391e 10CB TL 10800 535.72 3,727.26 - 128.75 321.12 214.45 513.85 80.20 157.80 750.17 4 , 24-l-e11: fJ.{, I z- -; 208.95 478.92 $5,679.15 No payment has been made toward any of the above mentioned assessments within the period of one year immediately preceding tpe date of this Resolution. SECTION 3. The city of Ashland hereby declares the whole sum of both principal and interest for the above described assessment liens immediately due and payable. The foregoing Resolution was read and duly approved at a regular meeting of the city Council of the City of Ashland on this day of , 1990. ATTEST: Nan Franklin, City Recorder APPROVED: Catherine M. Golden, Mayor /" ufV AI;, RESOLUTION NO. 90-___ A RESOLUTION DECLARING THE WHOLE SUM OF BOTH PRINCIPAL AND INTEREST IMMEDIA'fELY DUE AND PAYABLE WITH RESPECT TO ASSESSMENT LIENS AGAINST PROPERTY OWNED BY EMMA IRELAND, RICHARD IRELAND; BILLIE J TORRESON; JAMES R AND MYRNA OCHS; ALL AS MORE PARTICULARLY DESCRIBED HEREIN. BE IT RESOLVED BY THE CITY OF ASHLAND, as follows: . . Section 1. The city of Ashland has caused certain improvements to be constructed within the corporate limits.which benefit land owned by the following persons whose,names appear next to the description of. the property to which they either own or claim interest in: Name of owner or Interested Persons Emma Ireland, Richard Ireland Bill~e J Torreson James R and Myrna Ochs Descriotion 391e 09CA Tl 13100 391e 09DBTl 11300 391e 10CB Tl 10800 "'- Section 2. The properties subject 'to the liens and the amounts of' the liens are as follows: Descx-iDtion Unpaid Lien PrinciDal Unpaid Interest Total Due on 12-04-90 391e 09CA TL 13100' 391e 09DB TL 11300 391e 10CB TL 10800 535.72 128.75 321.12 214.45 80.20 157.80 750.17 208.95 . 478.92 $1,438.04 No payment has been made toward any of the above mentioned assessments within the period of one year immediately preceding the date of this Resolution. SECTION 3. The City of Ashland hereby declares the whole sum of both principal and interest for the above described assessment liens immediately due and payable. The foregoing Resolution was read and duly approved at a regular meeting of the City Council of the City of Ashland on this _ day of , 1990. ATTEST: . Nan Frankl~n, city Recorder APPROVED: Catherine M. Golden, Mayor