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HomeMy WebLinkAbout1987-0804 Regular Meeting ''tc...-J., -. "ORrANT: -L> ;~ ..,~ J ~y . c<.Uze.n a.t:te.nd<.ng Cowz~ me.e..t{ng<l m~ <IPe.a.k on a.ny .i.te.m on .the. a.ge.nda., w1.f.e.M .i.t .w .the. <Iubje.c.t 06 a. public. he.aJLl.ng wlU.c.h hall be.en chJHd. 16 you wUh :to <Ipe.a.k p.f.e.lt<Ie. we. a.nd a.6:teJt you ha.ve. be.e.n ILe.c.oglUze.d by.the. Cha.UL, g.<.ve. YOuA na.me. a.nd ' a.ddILe.M. The. :ChtUlt wU.e. the.n a.liow you to <Ipe.a.k a.nd a.t6o .<.n601t11l you It<I :to .the. amount 06 time. a.lio.t:te.d to you. The..time. gltan:te.d wU.e. be. de.pende.nt to <Iome. e.:de.nt on .the. na.:tuAe. 06 .the. .i.tem wzde.1t dil.c.uM.<.on, the. numbe.1t 06 pe.op.f.e. who wUh :to be. he.ll1Ld, a.nd .the le.ng.th 06 the. a.ge.nda.. , FA AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL AUGUST 4, 1987 -, \ J I. PLEDGE OF ALLEGIANCE: 7:30 P.M" Civic Center Council Chambers II. ROLL CALL, III. APPROVAL OF MINUTES: Regular meeting of July 21, 1987 IV. ELECTION OF COUNCIL MEMBER V. ELECTION OF'PARKS & RECREATION COMMISSIONER VI. PUBLIC HEARINGS: 1. Proposed vacat~on of an alley located between High, Street and an alley running northerly from Manzanita Street. (Robert Sposato, et aI, Applicants). 2. Proposed election on bond issue for the construction of a 500,000 gallon water reservoir, associated pipelines, a pump station, and acquisition of the necessary rights-of~ay, in Northwest Ashland. VII. NEW & MISCELLANEOUS BUSINESS: J. Memo from Municipal Judge requesting ordinance providing that only lawyers admitted to the Oregon State Bar may represent others in Municipal Court. }2. Request by Planning Director to submit grant request to Jackson County Economic Development Council for lottery funds for downtown parking acquisition and improvement. 3. Liquor license request for La Burrita Restaurant, 397 E. Main Street. 4. Memo from Councillor Arnold concerning amendment to Land Use Ordinance relative to antennas and towers in residential districts. 5., Report by Councillor Acklin on the Disposition of the old Southern Pacific Depot Building. VIII. PUBLIC FORUM: Business from the audience not included on the agenda, '-. / \", .A -., IX. .j. j 2. i. 4:,; l 5. 6. X. XI. .'..l1li I ~ ORDINANCES, RESOLUTIONS & CONTRACTS: i Second reading by title only of an ordinance authorizing and ordering(~ the improvement of Hersey Street between Water and Oak Streets. :SG ~J a.l.~ Second reading by title only of an ordinance authorizing and ordering1~~ ~ the improvement of Wrights Creek Drive from Grandview Drive to Orchard ~' Street. __,,' ~ Resolution authorizing funds and accounting methods for 1987-88 > ~; ~ fiscal year. , c;.....r ~ "" ?- ] (}/' Resolution calling a special election to authorize a bond issue f&~ ~ for the construction of a 500,000 gallon reservoir and associate 0Lb' pipelines in Northwest Ashland. - ~ Resolution amending electric rate schedules 25 and 30..~~ Renewal of lease for office space at 27~ N. Main Street 4' / / .;.. ~ cJ.J- ;):c, fv'-<'. ~ OTHER BUSINESS FROM COUNCIL MEMBERS ADJOURNMENT Attachments: 1. Minutes of Boards,Cnmmi~~inus & Committees , :..~ ~ \::!:;;l ,~. , A~'''''.'-i- . ROLL CALL . SWEARING IN OF POLICE OFFICERS PRESENTATION OF PLAQUE APPROVAL OF MINUTES PUBLIC HEARING: Appeal of approval of Planning Action 87-051, PNB microwave-antenna at 6th & E. Main - ~::,~ ~ MINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL July 21, 1987 Mayor L. Gordon Medaris led the Pledge of Allegiance and called the meeting to order at 7:30 P.M. on the above date in the Council Chambers. Elerath, Bennett, Reid, Acklin, Laws and Arnold were present. Randall Pryor and Loren Deffenbaugh were sworn in as Police Officers of the City of Ashland by Mayor Medaris. Councillor Beverly Bennett was presented a plaque for two and one half years of dedicated service on the Ashland City Council. ' Elerath asked for clarification on page one, fourth paragraph regarding the project being "more expensive to the City with the addition of the bridge over Ashland Creek. City Administrator Almquist stated that there would be no additional cost to the residents, it would be borne by the City using Federal, State and prObably some local funds. Elerath requested an amendment to say "the additional cost will be paid for by City". Bennett moved to approve the Minutes as amended and Acklin seconded the motion which passed unanimously on voice vote. City Administrator Almquist read into the record a letter from appellants (the Ad Hoc Committee of Concerned Citizens dated 5/28/87 (Exhibit A); a memo from the Economic Development Commission endorsing the PNB Microwave Dish (Exhibit B); a letter from Marjorie O'Hara aSking for denial of the PNB Microwave Dish (Exhibit C). He further reviewed all the attachments pertaining to the Public Hearing. Councillor Reid referred to a letter from the Appellant dated July 21 that was received after the agenda went out and not included in the list of attachments (Exhibit D). Associated Planner, Steve Jannusch, then presented the Staff Report and gave a brief history of the application. He stated that this was reviewed twice by the Planning Commission and was first denied based on the lack of aesthetic appeal and impact on the Historic District. The Planning Commission then received correspondence from the legal counsel of PNB which prompted a letter from the City Attorney regarding the outright permitted use of the dish. Both times the Historic Commission reviewed this application, it was denied. The Mayor then opened the Public Hearing. , 7/21/87 P. 1 . ~~ '\ PUBi;IC HEARING ~. PNB Appeal , (Continued) ,.;. ':~"" , . ~,,~....., " Warren Goines, 123 6th Street, spoke on behalf o~~he Ad Hoc Committee of Concerned Citizens and summarized their grounds for appeal (Exhibit D). He stated that 589 citizens signed the petition, 318 in the Historic district and 271 outside. The following concerns were raised: that the approval of the microwave antenna would set a dangerous precedent; that the citizen's views would not be heard; approval would lead to proliferation of these devices. Correspondence from Jackson County Federal Savings & Loan Association, Southern Oregon State COllege and Pacific Northwest Bell, and a zoning clearance sheet are included in the Minutes for the record. Zelfa Hutton, 59 Sixth Street, also spoke against the microwave dish discussing disadvantages such as health hazards (low level radiation), and the degradation of property values and salability. Her testimony is included for the, record. Bill Emerson, 90 5th Street, felt the City was ignoring the guidelines of the ~istoric District and that E. Main Street was designated as the Gateway to this district. Accepting the microwave dish would be going backwards to the times of ornate neon signs. Teresa Thomas, 692 B Street, made an official request for the record that the Commissioners or Councillors meet with Dr. Frederick Bell, who is a noted scientist, when he is in town next Tuesday, regarding the health aspects of the microwave dish. Tom McGill, Grants Pass, Community Affairs Rep- resentativeand Spokesperson for PNB referenced all the materials submitted to the Council which demonstrate PNB's concern about the issues of health, property values and the appearance of the neighborhood. PNB plans to utilize landscaping to enhance ,the visual effect of the dish. The Mayor raised the issue of state of the art equipment in comparison to OIT and the College. McGill felt it was a matter of capacity (presently 98.6%) and if by next year they did not increase the communications, they would fall behind and would not have enough facilities to allow the traffic that goes in and out of the Klamath Basin. Council discussed the alternatives such as using fiber optics and running them out to Eagle Mill. McGill assured Council that after thoroughly researching the project, this was the least expensive way to add new equipment. Arnold asked if there were any other plans to put additions dishes on the PNB building and McGill said absolutely not. 'Reid brought up the issue of PNB leasing equipment from AT&T and McGill said they have seven years to separate and that would preclude them from sharing facilities with them.. Reid asked if there would be further expansion of' the building and McGill said PNB was through expanding that building. Allen Adams, 1029 Timberline Terrace, felt PNB made a fair presentation and that the dish was needed in ,Ashland to increase the quality of communications. He urged that the appeal be denied. , 7/21/87 P. 2 ,-- .}~_~',i:;\. Ben Tyrart, 1120 Prospect, Chairman of the Ashlan~~ Economic Development Commission, recommended the permit be allowed as endorsed by the EDC. He felt Council has little choice but to live up to the spirit and letter of the ordinance. Tom Reed, 918 Walker, felt the appellant overlooked the fact the PNB has been a good neighbor in Ashland for many years. They exemplified their commitment to have a good looking building with landscaping and maintenance. They provide tax dollars and jobs here and have taken an unfair beating through the permit process. Lois Wenker, 317 N. Main Street, member of the Economic Development Commission, felt the PNB delivered a straight-forward presentation and the Council should consider it. The Mayor then closed the Public Hearing. A resident of 107 Alida Street made a comment that Council's decision- should not only be based on the economic impact of the dish, but how the community will live with it once it is built. Reid commented that in the Planning Staff Report of February 11, 1987, Jannusch stated there were no previous planning actions of record for this location which contradicts the testimony of the Ad Hoc Com- mittee. Jannusch stated that the Planning Department retires files to the vault that are 6 years or older and when-the Staff Report was prepared, only the active files were referenced. - Elerath brought up the fact that we can't change the law because of people's fears, L e., the hazards of microwave pollution. The Mayor ~sked the City Attorney to review the ordinance pertaining to this matter to assist Council in making their decision. Ron Salter said that Ordinance 18.68.120 states that the dish is a permitted use in this district which leaves us with no legal grounds to deny it. Arnold questioned the maximum height of structures in the R-2 zone and Jannusch replied 35 feet. Arnold then said he spent a vast amount of time reviewing this application and is having a hard time trying to find a reason why PNB can't have an antenna. The Council then reviewed the application by PNB in 1978. Laws said it's obvious: we don't want the building to look like Medford's building. Perhaps the ordinance should be changed to not allow multiple dishes in that district. He added that he was sorry about the way the Planning Commission handled the initial application so abruptly. Bennett commended Mr. Goines and Mrs. Hutton for doing their homework and being concerned citizens. Acklin agreed and stressed the importance of protecting the flavor of Ashland. ~- J' 'P~IC HEARING PNB Appeal (Continued) 7/21/87 P. 3 i>UB~' HEARING ",,- p~m Appeal J. (Continued) - I PUBLIC HEARING Wrights Creek Dr. Proposed Paving Acklin then moved to deny the appeal from the Ad~ Committee of Concerned Citizens, et al Appellants, and adopt the findings of the Planning Commission. Bennett seconded and Arnold commented that he would work to see the ordinance modified to place any more antennas on the building. Reid voted no and the rest of the Council voted yes to deny the appeal on a roll call vote. Brian Almquist referenced the attached letter to Mrs. Tatlow regarding tax lot 700. He stated that the City would get an agreement that she would dedicate the necessary right-of-way to make this project possible if the City picked up the cost. He stated that the street is well covered by a street paving agreement representing 67% of the total street frontage. The street will be 22 feet, 24 feet in some places with movement of utilities and a portion 36 feet total width. It is recommended that a 22-24 foot section be posted for no parking on the west side. Although there is a great deal of time before actual construction begins next summer, it is recommended that Council act on this matter not so that a deed might be acquired for the Tatlow property. Estimated cost per front foot is $35.50. If bids are greater than 10% more than estimated, The City would notify the property owners and bring it to Council. The Mayor then opened the Public Hearing. ~im Miller, 405 Wrights Creek Drive, was in favor but had concerns about the width going from 30' to 36' because of the creek. Alsing said they will fit the street to the bank of the creek without fill and try to get a 36' street which would: provide as much parking as possible. Miller said because of the curve and for visual reasons, he would like to see a consistency in the width. Alsing said if you go less that 36', you will have to take'some of the parking off. Laws said the street should be built to accommodate future development'.' Scott Mills, 366 Wrights Creek, didn't think all that parking would be needed. He further felt if the street were 36' wide around the~curve, people would tend to pick up speed which could be dangerous. He questioned if there.would be curbs because he liked the rural atmosphere. Laws said it is City policy to have curbs when streets are paved. Arnold commented that parking problems will go before the Traffic Safety Commission. Reid would like the City to be more involved with providing pedestrian paths within the City. The Public Hearing was closed. 7/21/87 P. 4 \<; ~~UB~i HEARING }\ Wrights Creek Drive ) COMMUNICATIONS PETITIONS Renaming of Alley off Nursery St. Near N. Main St. UNFINISHED BUSINESS: Resolution urging the Governor to designate Jackson & Josephine Counties as Econ. Dev. Districts Elerath asked for the width of the easement and ~~9 varied width of the road. Alsing said it does vary and there's more easement than we're using, the reason being it goes over a steep bank down to the creek. Almquist read the ordinance and Laws moved to second reading. Bennett seconded and the motion was passed unanimously on a roll call vote. & REMONSTRANCES: Brian Almquist referenced the letter from Mr. Raymond Hanson and said he didn't know of any formal ordinance for naming alleys but believed they were not named for living persons but after something or someone historic. Reid mentioned the alley was there at one time to service the North School. She felt historic names are more appropriate. Almquist asked if Council wanted to make a formal policy for naming alleys. Laws proposed the fOllowing: "If there are businesses, or a significant number of residences on an alley, or if there is an historic or geographic place associated with an alley, then the naming of that alley shall be left up to the Historic Commission and shall not be named after living persons." Elerath then moved to refer this request to the Historic Commission and Bennett seconded. The motion was passed unanimously on a voice vote. The Mayor introduced Liz Shelby of the J.C. Economic Development Council. Shelby said the Economic Development Commission was approached by the Planning Commissioners to work on developing strategies for lottery funding. . That started the process of strategic planning. In the meantime the Council of Governments decided to pursue a certain district. Shelby stress~d that in their pursuit to organize more economic development there will not be a duplication of efforts. She then introduced Bob Johnson, a Medford City Councillor and President of the Rogue Valley Council of Governments. The COG has been involved in this activity since JUly of last year. One of the things he regrets not doing for their two-county area is make available the 10% additional Federal matching funds for the district. He said that a "Federal" Economic District, under the U.S. Dept. of Commerce and the E~onomic Development Administration, should be looked at from a completely different perspective. Through the Ecohomic Development District, we will be able to work with the Oregon Comeback Plan, the Lottery Funds and any grants that are made within the two~county area, could perhaps be used for matching funds for a greater Federal grant. Any grant that is granted would get an .automatic 10% increase simply because we are an Economic. Development District. 7/21/87 P. 5 ."-' . ~:. .3..",":;: 'i:.J.W-i" ,~,,~ ''l. ~ RESOLUTION - Economic Development Districts (continued) The mission of the Rogue Valley council of Governments District is to use all available resources to assist local members, individually and collectively, to obtain economic ability and strength through coordinated and cooperative planning which compliments but does not duplicate efforts and services of other ,entities. They have already received the resolutions from both Jackson and Josephine Counties from 10 cities. Laws pro- posed having an Executive Committee of the District being made up of people jointly appointed by the counties and the Council of Governments. One of the Committee's job's would be to do the strategic planning. Johnson thought that was a good idea and could foresee a merger of the District and the Council. Johnson read a letter of appreciation for the work Bev Bennett had done for the Council. Arnold moved to adopt the resolution as written and Bennett seconded the motion which was carried unanimously on a voice vote. Oral Report by Director of Public Works on Barbara St. ~(;;j ~ Al Alsing addressed'the Council by introducing Tom Grey with TG Associates and a representative of the Asphalt Paving Institute and Jim Townes, V.P. and General Manager of Morgan Paving, the asphalt supplier on the project. Grey presented his credentials and said he reviewed the City's Chip Sealing Program. He explained tne Chip Sealing process and the importance of having a Paving Management System, which is an inventory of the condition of streets. Generally, a chip seal on a residential street should last in the range from 8 to 12 years. On an arterial street it would be somewhat less because of traffic. He then showed slides. At this point, 10:25 p.m., Councillor Acklin left the meeting. He made the following observations: Laurel Street looked good; Williamson Way has construction difficulties; Diane Street was a good job, sands appear to be absorbing asphalt; Barbara Street appears to have taken some stress. The rock is totally embedded and the asphalt has come to the surface. Can be' helped by putting more chips on a hot day and roll on to embed into street. Grey recommended that more attention be given to Barbara Street, perhaps another application of aggregate. Arnold asked if we would need a new spreader to get a good job done and Grey explained the different types of spreaders. Laws questioned if the problem with Barbara was the application as opposed to the material used and Grey answered yes. ,After further discussion, Almquist recommended that Staff come back to Council with some modifications to the chip sealing program.' 7/21/87 P. 6 Postponed to next meeting. ~ .~ ~ ~Recoinmendation by jt,City Administrator on purchase of Airport hangars NEW & MISCELLANEOUS BUSINESS: Memo from Judge Postponed to next meeting. requesting ordinance allowing only lawyers admitted to State Bar Request by Planning Director to submit grant request for lottery funds Memorandum from City Administrator con- cerning Bond issue for West Side water system PUBLIC FORUM Postponed to next meeting. Reid moved that staff bring back the necessary resolution to the next meeting and Bennett seconded. The motion was carried unanimously on a voice vote. Laws suggested to put a notice in the paper to get public comment. ORDINANCES, RESOLUTIONS & CONTRACTS No response. First reading Improvement of Hersey between Water & Oak Second reading by title only Levying Property taxes 'Resolution Selection process of Administrator, ACH Resolution authorizing funds & accounting methods Resolution endorsing application for State Lottery Funds for APAC 0"J:t1&< BUSINESS ADJOURNMENT ~.ek/ L Z~~~ Nan E. F'ranklin City Recorder Almquist read the ordinance. Laws moved to second reading and Arnold seconded. The motion was carried unanimously on a roll call vote. Title read by Almquist. Bennett moved to adopt ordinance and Reid seconded. Elerath voted no and the rest of the Councillors voted yes on a roll call vote. Almquist read the resolution and, Arnold moved for adoption. Reid seconded and the motion carried unanimously on a roll call vote. Postponed to next meeting Almquist read the resolution, Arnold moved for adoption and Bennett seconded. The motion was carried unanimously on a rollcall vote. The Mayor reminded the Council that there would be a special meeting next Tuesday to interview the candidates for the Council position. The meeting was adjourned at 11:13 P.M. ~~~.,~- ~Lo~ ~. Gordon edaris Mayor 7/21/87 P. 7 '.c".'- .,". "'".",'.} ,.-,." "'" :' ~ "'C,' - -, -, '" ~emorattdum June 19, 1987 'ffi 0: Al Alsin~n Fregonese ~ronn: Jim Olson, Asst. City Engineer ~ubjed: Vacation of Alley Off High Street On June 15, 1987, Mr. Robert Sposato presented the attached petition calling for the vacation of the alley between High Street and the next paralleling alley. The basic requirements of O.R.S. 271.080 requiring circulation within the affected area has been met. adjacent properties 100% have signeq the'petition, affected area 71.85% have signed.' petition Of the of the No filing fee has been attached to this application. As you know Mr. Sposato has requested a waiver of that fee. , Attachments: Map Lot Area Petition Jok~ L.O n k?-k.d 1.1 r, b.!:J "JPht5>7C:/ OM T'7.forl'Vl ,h,m Pobe".-.J "'5 po "50-/-0 -Iv Hl'25 fJu ~fL. +c...e ~U oc.-+tQI/\. --.J UI7 rz 1c:J I /087 j-hc;f +hc ~Z5LJ b< d Lt.~ behrc. coulcl D~ -oJ-z.".-kc1 UtiCa!-ft;Y/ uf/<::J fH1J '~~" ~ o fJ/~~ I -' ",.. r ;'..~., " .- .' . .'. ER~' n. '-I<:J.s'O 820U o~ '.... ':'.' :."" . '.'.00 0, . :! , , (P-4147) '. '(?_'IO"~~). Ii"'. 8'- 8201 .. .-cii' .. '. /':l?~.'~>..,: ,0 .., .. 1n ~ -,. ", ... .: 14-7.1S' ,~'" -L "",. "+. rz I i,:s;r~( 'S..,.oE ",', ,'" ,\",' ((i,~.'J ,'" 3300 '," \- ';(3~;IF@~I. ~N~.Cor. Coy'f. Leit 4~ .~r--- '-..,.- -.,fff I&.r:;~. q ~ p. ,.,'"_ (A/~~~'.. 1 ~QtJ;;.~. ~ ~ 1< "" '~ ... '. . ,~ . ;,'." " --- .,., I'''' '. :. :. :~ .,' 8101 .. ..... O~v _ 3700 C~ Z 038X) ,;~."~~ ,'.' , '~_l ~.u ~~- ')6;' 'lil::t 8", :i. on 39CD .. ' ,"' 1': ; a::: ~ __~'" ' ~":....---- " W,' ~ ',,' "', ~ 330'" ~__.c---, " · , ~,...... ,:'".-,\\ . ~ -.; ,c4 .--. ~". ;~ .....~ . >- ~. ~<~ .,..' 0:;;: : -., '.~ ea ',_,::1 '&..,.'.-- 00 r-' .. ,) ("I _ .....:.. . - .:J & ",' ",. '" l/~,~' " 4100 ,",' '6 ,~, ,~ ",:, , ~ " ~ ~ .~'-t. ..~" .. <: . -" ' . '. I)'...~ ;, ~ ::'-'7900 ',: ~ ri .:p'; .. , .; ~ .... '.. , .; , : 0 '~ , , 149.$-$$ . , ,. .-7800." . . ~ ,8100 H' .." o.~ ""O'~;) .'. ' ' . ''"In "I :"ca " ,., ',Ul 0\ ., ... ,. " " 0. I." 0.;: I a" Ipf.C: 1#4._ ZeJ. So ,7700 ~-. '3<1,.I.~' .... $I.1IlVCY - -' ~ ~I:" ~. .'~O .-- 80.71' I 1.I'4-1L. ,(P.iOIS'lo)' ._..; ,'I 11'5.~"- .-- ~, , ~SUSAN c-~4J -U:;.7S' \ 10.1GoI. 9'.Qe IPf , 7600 .... .. .,~ 17()~O 1..\" ,,JlS \1-'" I 8 "'~_O' '~~ 76~2 '~ P-7305) - 0'" .. ) , " " ..' 1"'- ~ (p_ 75:'1 ,-p~ ,P,O~.Q,A LEY VA l-f./J - ....O..!.,/I~ "s ~ ~'-I2.fB7,S. 8" . ,2$1. ~<l (CALC,.) " ~"'''2. o~a -;:;....~ =r5 "8.':Z~"", 7!J.I2." ') IS,./~ - .... .71 ", I/,r, .o~, I: j '7300 v. 'l". .,.~91J "';t " I . , '~I : I' , l~ <I ." ~~ ~_ J ~ .:: I ~ < I, I i I : I ~ , ,'.u. J '" . ....~ " - -~~/: 74 CU,L.c.) ,'. 6900 ; ~ '. 4-1 . J7j""G- i ~ I l _v..'J.64) ).;~?(",) ~9JP.) '~....r 7601 . .." '0'1-" 'll i: ATION -..,.,. ti"'51 \ (p- Gl95) 7$.J2.. ; . .. O'A'- '" lot rp -70'~.~ :!.t. v: " ~ , " ~ 7401 ,l .~i 1"",7-1' \ ""_7~ ,,..,.')10 (tuc..J . ~ ....~ ,1 100.00 - '" ,., ~ I'" 0 . "" \,;J: o - :r; I ~oc sc, .' . . 7000 '~ . ,~ IlA.CO MANZANITA ~,,- 13,-- 5800 2 I 3 ,I {J" ]....">>.3 ~OO -- 4100 r,.. 5600 . . i . 6-18-87 AFFECTED AREA OF ALLEY VACATION SIGNATURE MAP TAX LOT NO. AREA ACQUIRED 39 1E 5DD 2900 825 S.F. NO " 3000 12,350 S.F. NO " 3100 12,350 S.F. NO " 3201 8,600 S.F. YES " 3300 21,850 S.F. YES " 3400 16,500 S.F. YES " 3500 4,250 S.F. NO It 3800 1,025 S.F. NO " 3900 6,750 S.F. YES " 4000 6,830 S.F. YES " 4100 5,710 S.F. YES " 4200 5,320 S.F. YES " 4300 9,110 S.F. YES " 4301 10,450 S.F. NO " 4500 '1, 040 S.F. NO " 6900 5,530 S.F. YES " 7200 4,400 S.F. YES " 7300 16,960 S.F. YES " 7400 6,360 S.F. YES " 7401 14,380 S.F. YES " 7402 18,730 S.F. YES " 7500 4,800 S.F. NO 7600 10,410 S.F. NO 7601 11,630 S.F. YES 7602 10,410 S.F. YES 7700 11,370 S.F. YES 7800 6,280 S.F. YES 8100 8,900 S.F. YES 39 1E 5DD 8201 2,100 S.F. NO 39 1E 5DDA 2,030 S.F. NO 39 1E 5DDA 15,030 S.F. NO TOTAL 272,280 S.F. NO = 76,660 S.F. = 28.15% YES = 195,620 S.F. = 71. 85% TOTAL = 272,280 S.F. 100% I "_ . ;'"Petition , I I i - I ' I I' I, NMfE " ' " }'age, 2 AnDRESS TAX LOT NO. 3, SiD H\'~ C4l\\~) rJ S1~ ~ Q'0() X(bD 77D{i / '7'~PI " ),23 It . 7/fa~:: 3// /'JA 1'7. 702 0 0 /%'?tJ~(;r .If- 6 r t:Jc) /~6 /!dR/'~4/~~r t;;'ltJo J 3'2.0 S(O~ ~cn 32-7 AJ. q'lI1A/N -J:f.7 ~ 1ft; ftt~~/ q~lt4<..d Jr,dJ;r- j ,,"-,"/ '~ ~;, ., "'~"~' ...,....~.;;..~,_ ..' <h~::1~;~.:;;.,:i.:~.':t;~\ ,: \ , I ~ '< ,1.\, ~ - -.:.~ . .. . " , . ---~.~.~~~ ~.__. Date filed: b-/5-f37 , ' PETITION ,'.' We the undersigned property o~ners residing on or near 4iJh Sfrttt) brh,-e.tl'\ M.0\o\ICih+C\ c1V\~...bJ'n'l'\ddO hereby petition the City Council to initiate proceedings to vacate the above mentioned public right-of-way, being further described as follows: \k So~frlt'tu"~ j.oohet of tke c.lltj \Ilc"fec{, betv-rU" \o+s 14 c."c{ 24 of +~e a g~ 1'I1'ip at As.hlo,l1t{) 1tA(~.s~\\ C"^"~ I OV(j~Y\ 1 \~'IJ 6etwt'el'1 !+JJh ~1r-ee.t c..~J No~ M~," Strtet .. (BeJ"V\"';"~ a.i If-;Jh rt(t'e t- ~11~ te(I\1.I"....+;"'~ 1\+ . , +L. Inksec-\':'oY\ of )I1',c{ ~II:J "l1d ~ ~/{P, 'VI1";"~ p-<"r"q;cvl",. c-Jo fv\""z..c.~Jq -Hree+.. .' , , We do further warrant that the signatures below represent 100% of the properties abutting the proposed vacation, and at least 66 2/3% of the affected area which lies within 200 feet on either side and 400 feet from the ends of proposed for vacation. ~~tjZ.J1 q ~nty of JaCkSOn~' ) State of Oregon ) '- , I,-.1QbU+ Sro~cdo ponents of the proposed vacation <> /J1P/<}'t .J , TAX LOT NO. -if ZJ 0 ~tpO Lf20 tJ 1XlrD 7 t. ()! "'1 '3 00 _.,..~--- q:? 0 tJ ~~u 32-0 I 3400 ,being one of the principal pro-:, ,. .........'"'. ;; do hereby subscribe and swear that the above ,u~;~. . signatures were taken in my presence and are the signatures of the persons" " owning property abutting or within the , vacation. .~th'~ . 'Not y Public ~ 1v nmmi(:;,~inn ~vn;rpc:: ...:::...__J,_....<"7:7 Sign ture ( J.} ,,$ H, OI.S0N NOTAiU I)UBLlC - OREGON MY COMMISSION Er~IRfL9 _ "'? _ c::y, ,.Q<:a/\ .. ~, ;' ".' ',;':~ :.;... " .. ,'/. " , :):,~~ . :::.,1~ _ . E.' t ' --, ~'.'.' .. ~\~ 0 ~ ); " ." 0' .. .".,.. .. . .~ :i ....-_. 'C\<> - " ...' ':'-<'0' ~ .. .~. " 0' " .......30'. /(1 Itl".38", (Iy~ Sq,f'V.y, /7..,..f.iI,.f -oK. 7'-'''''44- GlI, (5 o ? lX~':' ~ . . . '" -....'1 0"8 , 8'8 ~ ,: ,; ~ .... ".'1. ... ....1 J1.ic' ,'." . ;; 17....r " .78.00 If' ~' , ~ ..... t;J: ,0 o ' 'w , '.... 5 0, . .. ;, . '. . w . ~ .... 9.k> 730,.' HIGH P,..7"~ (.OUI ~ . , ," '" \1', .,..\, 1) ,<C' <C' .,..\ " j\' , ~, \~:~ \~ \ . :'! . r- Me Q'- !!:n ;'0. :7'" .." I>.~ M .. ,I>. .CD CD !Xl ,;' ..'..;' . ;,: _ ; i :. ~ '. .:.....;:t~:"j,'... "<::.i'-' " 0 , ..- ., 0['" _M - .' p h)" ~ "1"l0, \'\"C'~ ~ - " " CD D!!(5 ~. - ? . ".~' " .!> ~~ . . 'i'- T . ~. ~,.'.8{t\UfJ 1. I I, ,CD ""8i, O~' J .. :,. J' I I ~ .:." 4' ., ..,' .;....._. ..b:-:~;'~' '" .r-:- .-~(::...- "-~-----__'_____n,__________, '''-'-, : t . . \., ... , - ,- / ~~~ , - ','-1 ~~I ' .. /I. -J ?'7....... '77fU ' - '\-- J -, ----..-" h_.. ,.. .." __n_, -- ,- ,- ' , -'--'--'-'- -,,- -'---- , [' , ~ ~-~ _ _ n ____,_ _ I:l_, ./t:Url~~~~~~ -- ~ d~4 zh- df'~~~# J /!;uJ ~~d~ ~~~ :- t?~.A~ '7'-~~~~r J ~'~~. ~".e/~.......~~",,' ~~ ___ E \j- ~' -t ~ -~ -:, ;:::;-:;,~~ - r I:J~tJa.,.~~?:-~~~?-~.. r~J ~~ ~~~~ r ' ~~ ~ ~_ ~--~:__d'e"'_~~"_ l: ':J-?,- ~ ~__~.. #~ .A_ ~ ~_-Z;;:I ___ t. T ~--:;z. ~ k<-< ~z=;r~. [, (~"'~'.- ~ ~ ~;-d/-"J;;1;. I' (..J,.. - Ct.k/ ~ ~~, /.)..S'; ~ f."\ ~~~~~~~~_,__ I ,oj ,tUd~J /~ ~~~ ~'rJ ~-f~ ~~~~.n_ r' \ '-'. ~-~'/z7/J~. -, _ '--;- [' l"J -~~/-r-~-~ I"l- ~~~-1'~"', I ' .. r I\~u-um-:-~~.~.:zt~. f" I ~.,~>">::.),~.+,. . ...... .... ...... ....... .... . .. '. '. ~ Y, /?/"? 13t!:J ~/ tJll-- 5' 7 [ ;K) '~ . , . .: . ~ -,:". .; -. "<.", . -, . ,~. .: .. \",..:;0;' "., ; ,,:~; . C";,"-_.",- .A_ ~emorandum July 16, 1987 'ffi 0: Honorable Mayor and City cruncil Jff rom: ~ubjed: Brian L. Almquist, City Administra~o9' ~l, I , , . Water Bond Issue One of the Council's principal goals for 1987 is the removal of the water moratorium on the West side of Ashland, which has now been in effect for over 3 years. This week I received the recorded deeds on the reservoir site off Hitt Road, ending a lengthy land trade transaction which we began last November. With the reservoir site now in hand, I believe it is time to present a Bond Issue to the voters of Ashland. The project is based on various elements contained in the R.W. Beck Water System Study and capital improvement program, completed in 1980. This plan consists of various elements which are set forth in the attached memo from Public Works Director Al Alsing. County Clerk Kathy Beckett has informed the cities in Jackson County that she intends on conducting the County's first vote by mail ballot at the September 15, 1987 election. In order for the City to include its bond issue proposal on the ballot, it will be necessary for the Council to adopt the Resolution setting the special election for that date at your August 4 meeting. The Resolution must be at the Clerk's office by August 12'. RECOMMENDATION: It is recommended that the staff be authorized to prepare the necessary resolution calling a special election, for September 15, 1987, to request voter approval to issue General Obligation Bonds in the sum of $1,700,000 to finance the completion of the West side water reservoir and pipeline improvements. Attachment (1) JIlllemorandum July 15, 1987 'ffi 0: Brian L. Almquist ~ JIf rom: If. Allen A. Alsing ~ubjed: Water Facilities Cost Estimate Following is a 1989 cost estimate necessary to serve the area under water Strawberry Lane area. of water facilities moratorium in the Supply Line to West Side (project 91-A-1) $815,300 High System on West Side (project 91-A-3) Pipeline Reservoir Pump Station 130,974 500,000 146,097 Right of Way 10,000 ) $I,602,371 I would suggest that the estimate be rounded upward to $1,700,000. ~emorattdum 'ffi 0: Mayor and Council ~rom: ~ubjed: Municipal Judge Ordinance Request Dear Mayor and Council: Enclosed please find a copy of a letter dated June 17, 1987 from the City Attorney and enclosure. I request that an ordinance be adopted providing that only lawyers admitted to the Oregon State Bar may represent others in the Ashland }Iunicipal Court. Any non-lawyer may represent himself or herself in the Municipal Court Court appointed Counsel is available for anyone charged with a, crime who cannot afford to hire a lawyer. Permitting non-lawyers to act as counsel for defendants makes available to defendants a little bit of help that could either be helpful or harmful. } I don't have a strong opinion, but r do have a general feeling that defendants generally would not do any worse on their own than with a non-lawyer advocate in most Municipal Court~cases. It is' debatable whether the consumer is better served by allowing or prohibiting non-lawyers from acting as counsel in ~Iunicipal Court, but is is my general sense" and feeling that prohibiting non-lawyers from doing so is the better and more prudent course. s,nrut ALLEN G. DRESCHER Municipal Judge :":; ., , ~!, .~ RONALD L. SALTER ATTORNEY AT LAW 94 THIRC STREET ASHLAND. OREGON 97520 15031462-4215 June 17, 1987 ) Judge Allen Drescher Ashland Municipal Court City Hall Ashland, Oregon 97520 Re: Layman Representation in Municipal Court Dear Judge Drescher: Enclosed is a photocopy of Donald Williams' letter to me of June 12, 1987. By phone, he tells me that if the Charter provides that a Municipal Court is to be governed by rules rela- tive to the District Court, then laymen may appear ,and represent others in the Municipal Court. Our Charter, Article XV, Section 1, provides in part that, "When not covered by Ordinances, or this Charter, all proceedings in the Municipal Court for the violation of a City Ordinance shall be governed by the applicable general laws of the State governing District Court." Thus, if it i~_:t:he opinion of t-hp ("nnrt.-.tha.t-it.-wonld be best for only members of the Bar to represent ot-h~r~ in t-hp COu..~t, it might _be uapprop:r:iat,e_.t9 _re,commend_such_an..Qxdinance . to.._ _~_J:e_,CitY__~OUJ1Q_il. After you have had a chance to consider this, perhaps we should talk further. Very truly yours, ~~,. RONALD L. SALTER City Attorney RLS/pc Enclosure ~.. ':~ '":; ....~, .,~' ""~4?, .,~ RECiO Sf ATE BAR 1'J.n 5200 S,W, Meadows Road P,O, Box 1689 Lake Oswego, Oregon 97034-0889 June 12, 1987 Telephone: (503) 620-0222 WATS Line: 1-800-452-8260 Ronald L. Salter, Esq. 94 Third St. Ashland, OR 97520 Re: James Hazel, Medford Dear Ron: Thank you for your recent inquiry. In Ore9on State Bar v. Wriaht, 280 Or 693, 573 P2d 283 (1977l, the Supreme Court held that non-lawyers can appear on behalf of another in civil and criminal cases in justice court and in municipal courts where permitted by the city charter or code. It would Judge Wickre If not, it stricken. be appreciated if you would determine and advise whether lay appearances are permitted in Ashland. may be appropriate that appearances by Mr. Hazel be Further, questionable consumer, you Mr. Hazel's representations appear to be business practices. If you learn of an injured should report the matter to the Justice Department. Your interest in this matter is appreciated. Very truly yours, x5"",,- Donald L. Williams Assistant General Counsel DLW/lo cc: Jerry K. Brown, Esq., Chairman UPL Commi ttee Emily Simon, Esq. Oregon Dept. of Justice Honorable James A. wickre (each w/enclosurel ...:.. " d ,i~ ~,; : r ~~} (./", :$.: ,,0 I', ~,~ f'r~. Jackson County Economic Development Council Technical Advisory Committee 229 N; Bartlett St. Medford, OR 97501 Dear Committee Members: * The Ashland City Council would like to support the inclusion of the Downtown Parking Project in your consideration of the overall regional strategy. Our reasons for this are as follows: Ashland's downtown has over 600,000 sq. ft. of business, and almost 3,000 theatre seats. It provides employment to 1,043 persons in 178 businesses and offices. * The downtown is the tourist center for the Ashland area, with our main attractions, the Oregon Shakespearean Festival, Lithia Park and downtown shops and restaurants. The Ashland area has 934 hotel/motel or bed and breakfast rooms and accounts for $53 million in tourism related business. * The last major downtown improvements were in 1970 and 1971 and the existing facilities are in need of repair. There is increasing demand for better off-street parking facilities and more and better appointed pedestrian areas, such as plazas and sidewalk cafes. * Surveys of downtown parking in 1985 and 1986 indicate that from June to September the downtown is over capacity in parking. Parking is over 80% capacity from 10:00 a.m. to 11:00 p.m. daily, exceeds 90% capacity at 2:00 p.m., and actually reaches 100% at 8:00 p.m. * In a survey of 1985 Shakespearean patrons, over 50% of those expressing an opinion rated Ashland's parking "fair or poor". * In the same survey, 42% of the tourists visited Jacksonville, 20% went shoppinq in Medford, and many other attractions as well, indicatinq that tourism in Ashland is beneficial to the entire county. * The estimated demand for parking by downtown is 2,350 spaces. Only 1,630 spaces are available, of which only 1,000 are publicly owned. * We are currently working on a project which will provide increased pedestrian amenities and add 300 spaces to our inventory, as the first step in a three step plan to correct the problem. The cost of step one is $1.6 million. ~~ ~~ ~qackson County Economic ~evelopment Commission Page Two * Funding is proposed to be as follows: Local Improvement District Bonds: Donation of Land State Lottery Grant * $I,080,000 200,000 350,000 Total.....................$1,630,000 We believe that this project should be considered for funding as part of Jackson County's Regional Strategy. It is the number one priority of the Ashland Economic Development commission, and one which is necessary for the further development of this city's largest industry. Your consideration of our request is most appreciated. Please inform our staff if you require any additional data or details of the project. Yours Sincerely, L. Gordon Medaris Mayor City of Ashland ~ c:!Iemorandum July 22. 1987 'ffi 0: Mayor and Council Jlfrom: ~ubjed: , h Vic Lively" Chief of Police cI~ Liquor License Application for a liquor license has been received from Ray and Patricia Miller, dba La Burrita Mexican Food Products Inc., 397 E. Main St, Our background investigation has been completed and I recommend approval of this application. VL:mm ~~".:~;~;".'if""-"':"-"''''_: .:,i~;',;~;";',;,.~",< ,,' ,~~~1~~~~r'fJ?~{';>, ~' ~~. -J_..' (.~" ':~K. -', ~''': - '~" .~ l: ~;;':'>:f-~.7;l.:;:~7.fr~1f~~:-':h~t.~_\~ ~ ~~. L~,,~~~1,:; ~;..1!~~:tt~~t'~.1~'~: ~-, ~:,,,~3\" -,., ~o~ . ,""'~., .' fi_iilfiI~~ r". -'~4'"'->~'.~' ~ "'~"'-''''-' ~~~~~~:~~~~,;~;:;:::::",~~~ '.~l 7. II yes. tQ whom: <::"....""'nn I., ....; no n~ ".; "B T~oflicense; t;: DiS!! 8. Wilt you have a marnlg-er: Yes_ No-X..X- Name ~_1IIl0Ul_11COrJ'l G. Will '"YOM else not signing this application 5harfl in thll owrlll~hjp or receive a pen:entaga of profits Of' bonus from the btJlines5? Yes..JIL No~ 10. Wl1at is In, local governing bQCty wl'lere your premises is located? ~ f'lilaJ1 Ii c-...DfCnyOfCout>lyl :1. OL.CC reprelOntative making investigation may contact: RR.v Mi 1191' 4775 Table RO~ld. Central Point. Or. 6(T6};;}1~~'-'1 -"'1~!rf.!tj-~~1~t~~'~~?fXi.~\:' :.A.IJTION: The Administrator ollne Oregon liquor Control CommiSSion must be notified II you ere contaclad by anybody otterlng 10 J ::' ~,;,~~ :"!~<:':-:;~"::~~'l-~':;:' ,; :". .':-.-. inlJuence the Commission on your behalf. ~ . APPLICATION STATE OF OREGON OREGON LIQUOR CONTROL COMMISSION Return To: .1.... GENERAL INFORMATION . This application lorm costs $5.00. A non-refundable processing fee is assessed when you submit this completed form 10 the Commiuion lexeept tor Druggist and Health Care Facility Licenses). Thelihng 01 this application does not commit the Commission to the granting of the h~nsa for wl1iCh you are applying nor d08'$ it permil you to operate the business named below. No, 16352 (TH!8 SPAC2 18 FOR OLCC OFFICE ~ Application is being made lor: o DISPENSEA, CLASS A 0 Add Partner _ 0 DISPENSER, CLASS B ;Addllional priVil,"'. CJ DISPENSEA. CLASS C "'lleA l~ocalion ~PACKAGE STORE ,,' :'l ~n~ip ':J RESTAURANT .... um enlinge of Privilege :J RETAIL MALT BEVERAGE 0 Grealer Privilege :J SEASONAL DISPENSER jUL!:l LeU,Bprivilege .:J WHOLESALE MALT' ~ New Outlet BEVERAGE & WINE 0 Other o WINERY -:l IJt,:EJfS( ~ OTHER' '2 .&. -. 1A;O "'ko- r-"-' '-- (THIS SPAC! IS FOR ctTY OR COUNTY UU) NOTICE TO cmES AND COU/IlTlES: Do not consif;ler thi, applica- tion unless it has been stamped and aigned at the left by an OlCC ropresentative. THE CITY COUNCtL, OOUNTY OOMMISSION, OR COUNTY COURT OF (NamIoICOI)'otCounl)') RECOMMENDS THAT THIS UCENSE BE: GRANTED _ DENIED DATE BY ISlona"...) TITLE ~ ON: II your operation 01 IhiS bUSiness depends on your receiving a liquor license, OleC cautions you not 10 pl.lrchase, remodel, or lIan construction until your license is granted. 1. Name of Corporation, Pillnnership, or Individual Applicanls: 1) I,~ RlI........; tl'l M..v; "''''n Fnnrl 'P,..nr111,..t ~ Tn." 2) 3) ') " .J lE.o\CH PERSON USTED o\SOVE MlJ5T AI.E ~ 1HOIV10U-'L HlSTORV AHO A flNAHClAl STATEMENT) 2. Presenl Trade Name fA 1111,..,..it$> M..v; "nn R..Cltll....Dnt Dnrl noli Applicant(s) Signature (In caw 01 corporallon, duly ault>OrizMloH,cer'r..reol) IfJfu DATE n7_ n,_ P:7 rk-. -n~.s 1) 2) 3) 'J " -- --- ., :orm&o~lfo.a2) '-. . '..(.,". ".~."', ,-;"'.:'::-:'-,. ., "- Ap,PLlCATION "'""'T....-- STATE OF OREGON OREGON LIQUOR CONTROL COMMISSION Return TQ: ~ GENERAL INFORMATION .. This applicationlarm costs $5.00. A non-refundable processing fee is assessed when you aubmillhls completed larm 10 the Commission (except for Druggist and Health Care Facilit)' LicenMS). The filing of Ihill application doP nol commit the Commission to the granting of lne license for which you are applying nor does it per'!'lt you 10 operate tt'le business named below. No, 16329 (JlCIS SPACe IS I'Ofl ern OR COUNTY ~ NOTlCE TO cmes AND COUNTIES: Do not consider this applica- tion unless it nas been stamped and signed at thelen by en OlCC representative. ('l1ttS PACE IS FOR OLee OFFICE USE) Application is being made tor; o DISPENSER. ClASS A ~Pe:NSEA. CLASS B . cr ~PEN5ER. CLASS C [St'PACKAGE STORE o RESTAURANT o RETAIL MALT BEVERAGE o SEASONAL DISPENSER o WHOLESALE MALT BEVERAGE & WINE ::J WINERY OTHEA' 0/ - o Add Partner o Additional Privilege O..er;ange Location r:r Change OwnullIhip o Change 01 Privilege o Gr~.nc[Ml) o Lot__( COMMlSSl o New Outlet o Oth~r "J.UL 1" 198~ 't<-<- )" 7::>- IJCIJtSE DMSDI #F-'i(,~ THE CfTY COUNCIL, COUNTY COMMISSION, OR COUNTY COURT OF r-01 CIty Of Counl)') AECOMMENDSTHATTHtS UCENSE BE: GRANTED _ DENIED OATE BY (S'OneMel TITLE ;~fJllON: l1 your operation 01 this business depend, on your receiving a liquor ticense, OLCC cautions you nOlto purchase, remodel, or T atarl construCllon until your license '$ granted. 1, Name 01 Corporation, Partnership, or Individual Applicants: 1) 3) ') La. Burri ta Mexiean Food Products Ine. a_or J.H_. 14b~.l,. 2) ') 6) IEACIi PERSON USTEO ABOVE MUST ALE _ 1NOMClUAl. IiISTORY ~"FD<WCIAL STA,tEMEKT) le Burrita Me.rlcan Food Prod'Clcta Inc. U JH.ll~~ 2. Pru:ent Trade NatlMI La Bttrr1ta Mexican Resturant And Deli .. Prem,sesllddress 397 I. Main St. Ashland Jacmon (Numt>e.. S""l. R".., RO.....1 CCtyl (Countyl 5. Businessmailingaddress u77S Table Rock Rd. Centra Point. (P.09oll.Nu_.Sl_.Ru<aI_1 (Cory) e. Was premises ~iously licensed by OlCC? Yes~ No_ Year 1987 7.1Iyes.towttom: SUI:III1S Fine DiPliPlt7 Type of license: 3. NewTradeNarM Yearliled 198" ",J1h CorporIh.... Comm,_ Oregon 97"80 (sw.) (ZIIII Ol"UOD 97';02 (sm.) (ZIIII DiSl) C a. Will you have. manager: Yes _ No.s... Name 1__....."'M""'_Ii~ lit Will anyone else not ligning this applicltion &hare in the owneratlip or receive . percentage of profits or bonus from the business? Yes_ No S-. O. Whet,s the local goveming body where your premises il located? tshland.. OreIl':ClIl {NMwofClI\'OtCounly} 1. OLCe repr8S8ntative making investigation may contact: Rar ""l1",p '-I 4775 Table Rock Rd. Central Point, Or. lAed_l 503-664-3316 (T... No. - ......... --. ......, -:.AUTlON: The Administrator 01 the Oregon Liquor CaMlrol Commission must be notilied if you are contacted by anybody off.ring to inllU'ltnc. tn. Commission on your behalf. Applicant(s) Signatu.e (In case 01 corpotal'on. duly '.ulhor,zedoll'ce'lr-..reol) ~~~." '-0':: 11 21 3i ') ') -- -- .,....,~~rlH2) " '- r..~.<.@;.._, o "'u'." - h_~:2I:frP:."~:' m'~ . ,', " ",,4f.I;(;ii)':ll1; \ ~.' ~ ,..... . . ._:.;7~~)o~':'.:~;'-~ ;~.;;.:o".,.r;""'~~~' .......,-.-.,:.....,;". ~'" ., l :::.. :.. ',~ ': , -...... . ~; - ~ ~,,!I;'ft;t~~,,(,..,--, .- .:-) ....:~, -- ...-,'. ,,-- ',. : ,;:.~. W'..'..~~k.. '.' l~~~~~.~~,lliJ~fi.~lj'. ~....~~~~~...">>;:.~.....~-, ".;'.t..rt.~l-" -.-:'r'~ :'~.;~~~r..,:-:,''''~':';:';::~';'''':''" [~'.. ....~~,. ."<~~~ q.~~_',4'..' t .,~. '~. ;::.~ ':-"".~:; .". ;." -:-_:.-,:-~;,~ , ...- -' . ../ ~~ .... - MEMORANDUM Members of The City Council Mayor Planning Department City Administrator City Attorney Planning Advisory Committee Planning Commission Historic Commission Director of Public Works Chief of Police Chief, Fire Department Most of you are aware of the factual and legal issues which arose concerning the PNB tower. My assessment was that antennas and towers ought not be excluded under 18.68.120 but ought to be treated the same way as buildings are under that provision. I further felt that the issue with thePNB tower was an aesthetic and visual one. That caused me to conclude that a parabolic antenna, or other shaped antenna was the problem in itself, rather than the function performed by that antenna. It, therefore, seemed to me that even if we modified the law concerning utilities in 18.68.120, that all antennas which created the same visual problem ought to be dealt with in the same manne r. I would like to see the code modified to require requests like the PNB request to have to meet all planning requirements and to strenghten the requirements for antennas of every type which will be visible from adjacent public streets. I am including copies of relevant code provisions with some handmade notes which are suggestive of the changes which seem appropriate to me. The best procedure is for the Planning Department to take the lead in this, see that the necessary public hearings are held within the appropriate times, and eventually guide this procedure back to the Council. I would appreciate Planning doing that and keeping me informed. Many of you were involved in the passage of the ordinance concerning satellite dish antennas. I was not. You may find my thinking to be inappropriate, in light of your experience. I am not wedded to any particular language in dealing with this matter, and I would certainly welcome your criticism and ideas. It seems to me that the standard which ought to be employed is that these things should be treated in a like manner, no matter what their purpose is. To single out a commercial structure which has the same visual problems as a noncommercial one seems arbitrary and unjustifiable to me. .~ ..',,\: PAGE 2 Memorandum I am certain that by the time this matter winds its way back to the Council that the collective wisdom of all of you will have worked out these issues. Thanks. Councillor Arnold -, " '~ v ~ C::o dl~' "- Land Use 18.68.110--18.68.140 C.' The front yard may be reduced to ten feet on hillside lots where the terrairrhas an average steepness equal to, or exceeding a one foot rise or fall in two feet of horizontal distance within the entire required yard; said vertical rise or fall to be measured from the natural ground level at the property line. 18.68.120 Utilities. The erection, construction, alteration, or maintenance by public utility or municipal or other governmental agencies of underground or overhead gas, electrical, steam, or water transmission or distribution systems, collect'ion, communica- tion, supply, or disposal systems, including poles, L~_~.~, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police equipment and accessories in connection therewith, but not 1ncluu1ng bU11d1ngsJ shall be permitted in any district. Utility fi transmission and distribution lines, poles ~s:~maY exceed 'C, the height limits otherwise provided for in this Title, except j:~ in the Airport Overlay District. ~v 18.68.130 Lot Size Requirements - General Exception. If a lot or ,the aggregate of contiguous lots or land parcels held in single ownership and recorded in the office of the County Clerk at the time of passage of th~ ordinance codified herein, has ,an area or dimension which does not meet the lot size requirements of the district in which the property is located, the lot or aggregate holdings may be occupied by a use permitted outright in the district subject to all other ~equirements, provided it com- plied with all ordinances when it was recorded. j I I 18.68.140 Accessory Buildings and Structures. Accessory buildings and structures shall comply with all requirements for the principal use except where specifically modified by this Title and shall comply with the fOllowing limitations: A. A greenhouse or hothouse may be maintained accessory to a dwelling in an R district. B. A guest house may be maintained accessory to a single-family dwelling provided there are no kitchen cooking facilities in the guest house. C. Mechanical equipment shall be subject to the provisions of this Section. Such equipment shall not be located between the main structure on the site and any street adjacent to a front or ~ sideyard and every attempt shall be made to place ch equipment Pi~~ so at it is not V1S1 e rom a Jace u 1C streets. Any ,,~, ,. installation of mechanical equipment shall require a building ~ ~ permit. (Ord. 2289 S4, 1984) O. ~'-onn n~~jV-<~ C~) , ~~~D. Regardless of the side and rear yard requirements of the : 0 o. /1- district, in a residential district, a side or rear yard may be ~ reduced to three feet for an accessory structure erected more ~ than fifty feet from any street, other than alleys, provided the ~ structure is detached and separated from other buildings and .. . structures by ten feet or more, and is no more than, fifteen feet o.~"Ud"" in height. (Ord. 2228, 1982; Ord. 2289 S3, 1984) ,~.. . . l'~'" ....L Q. . tN.~4I( 'lAA(-o.;~' '336 Revised July, 1984 Alo ,mtt'\,f ~~ ~ ~~ ~oJJl. ..t.( ~ (7Y) ~ <l"-A- ~ ~~.~~.~~~ ~~.~~.vvv ...~t. . -,~. ~ 18.0S.800 18.0S.810 18.08.820 18.0S.830 18.0S.840 18.08.850 18.08.860 .Temporary Use. Use. Vision Clearance Area. Yard. Yard, Front. Yard, Side. Yard, Rear. ,-,' 18.0S.010 Generally. As used in this Title, the masculine 'includes the feminine and the neuter and the singular includes the plural. 18.08.020 Accessory Structure or Use. A structure or use incidental and subordinate to the main use of the property, and which is located on the same lot, with the main use. Private garages and carports are accessory buildings when not attached to the main building. This definition shall also apply to mechanical equipment as defined in Section 18.08.045. (Ord. 2289 Sl, 19S4) lS.OS.030 Agriculture or Agricultural Use. The use of the land for crops and tree farming; the tilling,of the soil; the raising of field and tree crops. 18.08.040 Agricultural Structures. Structures intended pri- marily or exclusively for support of an agricultural function, , and exemplified by, but not restricted to: barns, silos, water towers, windmills, and greenhouses. 18.08.045 Mechanical Equipment. Equipment or devices installed for a use appurtenant to the primary use. Such equip- ment shall include heating and air conditioning equipment, solar collectors, parabolic antennas, radio or TV receiving or trans- mitting antennas, and any power generating devices. The follow- ing equipment or devices are exempt: . A. Private, noncommercial radio and television antennas not exceeding a height of seventy (70) feet above grade or thirty (30) feet above an existing structure, whichever height' is greater. No part of such antenna shall be within the yards required by this Chapter. A building permit shall be required for any antenna mast, or tower over fifty (50) feet above grade or thirty (30) feet above an existing structure when the same is constructed on the roof of the structure. B. Parabolic antennas under three (3) feet in diameter. (Ord. 2289 S2, 1984) 18.08.050 Airspace obstruction. Any structure, tree, land mass, or use of lan~ which penetrates a transitional, horizontal, or conical surface of an airport, airport approach. or airport, overlay as defined by this Title and/or regulations of the Federal Aviation Administration. ......' 305 Revised July, 1984 ,. ~.-,., .. $~"& RESOLUTION NO. a7 A RESOLUTION AUTHORIZING FUNDS AND ACCOUNTING METHODS TO BE USED IN THE FINANCIAL MANAGEMENT OF THE CITY OF ASHLAND FOR THE 1987-88 FISCAL YEAR WHEREAS, there is a need for a summary of major resources, a statement of purposes, and a description of the accounting basis for each fund; and several changes, including the passage of two serial levies, have occurred since Resolution No. 86-06 was adopted; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The funds listed on Exhibit "A" are to be established and used as indicated thereon to record the financial affairs of the City of Ashland, in accordance with the applicable laws of the State of Oregon. ~2. All funds may have other resources, such as beginning fund balance and interest income, in addition to those cited in Exhibit "A". 3. The Hospital fund will be on a full accrual basis and all other funds will be on a modified accrual basis of accounting. 4. This Resolution is to be liberally construed; it is general and descriptive, and not restrictive. 5. The Resolution is for accounting transactions. effective on July 1, 1987, and Resolution No. 86-06 is repealed as of that date. The foregoing Resolution was READ and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland on the ____ day of , 1987. Nan E. Frankl1n Ci ty Recorder SIGNED and APPROVED this ____ day of , 1987. L. Gordon Medaris Mayor '.~ <I EXHIBIT "A'" Page 1 of 3 1. General Fund - This fund shall be used to account for revenues and expenditures that are not assigned to other funds. 2. Revenue Sharin~ Fund - This fund shall be used to account for 0 resources rema~ning from the Federal Revenue Sharing program; ~JV and which are to be expended or transferred for~ ~v~loprncRt SF othc~ purposes designated by the Common Council. (This fund may be terminated, if Congress does not restore the program) . 3. Cemetery Fund - This special revenue fund shall be used to account . for revenues received from Cemetery-related operations, plus property taxes, interfund transfers, grants and other resources; and which are to be expended for cemeteries, mausoleums, Boulevard and other landscape maintenance, and interfund transfers. 4. Band Fund - This special revenue fund shall be used to account for revenues received from property taxes; and which are to be expended for the City Band and for Bandshell maintenance. 5. Hospital Fund - This fund shall be used to account for revenues received trom hospital operations and other sources; and for expenditures for purposes related to the hospital. 6. Central Services - This internal service fund consists of two divisions - operational services and maintenance services. The operational services division shall include expenditures for the legislative, executive, administrative, legal, financial, risk management, recording, engineering, and public works admin- istrative operations of the City. The primary source of funding shall be charges paid by City departments whi~h benefit from these services. The maintenance services division shall be utilized to cover expenditures for maintenance, repairs, fueling, insuring, domiciling and replacing heavy equipment and vehicles "leased" to operating departments. "Lease" payments shall be the primary source of revenue. 7. Emer$enct 9-1-1 - This fund shall be used to account for revenues ar~s~ng rom the State telephone tax; and which are to be ex- pended for administration, operation, maintenance and capital outlay for the emergency communications system. Airport Fund - This special revenue fund shall be used to account tor revenues from airport leases and other sources; and which are to be expended for airport maintenance, administration, and capital outlay. Electric Utility Fund - This special revenue fund shall be used to account for revenues generated by electric utility operations; which are to be expended for wholesale power purchases, operating expenses, capital outlay, debt service, interfund transfers, 8. 9. '~' 10. 11. 12. 13. 14. 15. 16. 17. 18. EXHIIT "A" Page 2 of 3 Water Quality Fund - This special revenue fund shall be used to account tor revenues generated by or applicable to the water and sanitation (sewer) operations; which are to be expended for operating expenses, capital outla~ debt service, interfund transfers and related purposes. Assessments Fund - This fund shall be used to account for rev- enues from assessments for local improvements, and from the sale of bonds secured by special assessments; which are to be expended for engineering, advertising, accounting, legal, and direct construction costs, redemption of warrants, interest, interfund transfers and related purposes. Street Fund - This fund shall be used to account for State highway revenues, certain franchise taxes, street utility revenues, and interfund charges; which are to be expended for administration, operation, capital outlay, debt service and other purposes related to streets and public works. Cemetery Trust Fund - This fund shall be used to account for interest ~ncome and sales of cemetery lots and services; which are to be expended for repurchases of lots, plus inter- fund transfers for care and maintenance of cemetery grounds, facilities and mausoleums. Bancroft Bond & Redemrtion Fund - This fund shall be used to account tor revenues rom Bancroft bonded assessments; which are to be disbursed for the retirement of each local improve- ment district Bancroft bonded debt principal and interest until each district's debts have been retired, at which time surpluses may be transferred to the general fund. Bonds & Interest Funds (Other) - This group of funds shall be used to account for utility and hospital user charges; which are to be disbursed for the retirement of bonded debt princi- pal and interest. Parks & Recreation Fund - This fund shall be used to account for revenues received trom property taxes, user fees and other sources and which are to be expended for parks, swim pool and recreation purposes. Recreation Serial Levy Fund - This fund shall be used to account tor revenues received trom recreation property tax serial levies; and which are to be expended for conducting swim pool programs and for maintaining facilities on non-dedicated park properties. Parks & Recreation Trust Fund - this fund shall be used to account for funds received from Oregon Shakespearean Festival and other sources on a trust or fiduciary basis. The funds are to be held in trust and are to be expended only for pur- poses stipulated by the donor or bequestor. The corpus of the trust may not be expended unless authorized by the donor or bequestor or by court order. The interest may be expended according to the authorization of the donor or bequestor. '...1 '. :t'~'.'t' EXHIBIT "A" Page 3 of 3 19. Insurance Services Fund - This internal service fund shall be used to account for revenues from workers compensation, liability, collision and other self insurance, health insurance charges from City departments, retrospective rating adjustments and other sources; which are to to be expended for payment of workers compensation, self-insurance claims, health insurance expenses, and other charges related to risk managemen t. 20. Capital Improvements Fund - This fund shall be used to account for revenues from interfund transfers, bond proceeds, depre- ciation charges, grants and other sources; which are to be expended for construction, property and equipment acquisition and replacement, improvements, sidewalks, interfund transfers and related purposes. 21. Parks & Recreation Capital Improvements Fund - This fund shall be used to account for revenues from grants, interfund transfers, depreciation charges and other sources; and which are to be expended for parks and recreation facilities improvements, construction, equipment acquisition or replacement, and related purposes. 24. Police Department Serial Levy Fund - This fund shall be used to account for police department property tax serial levy; which shall be expended for police salaries and employee benefits. 25. Fire Department E. M. T. Serial Levy Fund - This fund shall be used to account for fire department e.m.t. property tax serial levy; which shall be expended for fire department emergency medical technician program. . ..J;fi' ... J;l!!'-1- .,. RESOLUTION NO. A RESOLUTION OF THE CITY OF ASHLAND, JACKSON COUNTY, OREGON, CALLING A SPECIAL ELECTION TO SUBMIT TO THE VOTERS THE QUESTION OF CONTRACTING A GENERAL CBLIGATION BONDED INDEBTEDNESS IN THE AMOUNT OF $1,700,000 TO FINANCE THE ACQUISITION OF LAND AND RIGHTS-OF-WAY Ai~D CONSTRUCTION OF A NEW WATER RESERVOIR.AND WATER LINES, AND APPURTENANT IMPROVEMENTS AND ALL COSTS RELATED THERETO. WHEREAS, the City Couricil of the City of Ashland, Jackson County, Oregon (the "City"), .has determined that there is a need to acqu1re land and rights-of-way and for the construction of a new reservoir and water lines for the City and appurtenant improvements; and WHEREAS, the costs are estimated to be $1,700,000; NOW THEREFORE, BE IT RESOLVED BY THE CITY OF ASHLAND as follows: SECTION 1. A special election is hereby called for the pur- pose of submitting to the qualified voters of the City the question of contracting a general obligation bonded indebtedness in the name of the City in a sum not to exceed $1,700,000. Bond proceeds will be used to finance the acquisition of land and rights-of-way and the construction of a new reservoir and water lines and appurtenant improvements for the City and to pay all costs incidental thereto. The bonds shall mature over a period of not more than twenty-five (25) years. SECTION 2. The special election hereby called shall be held within the City on the 15th day of september, 1987. - . SECTION 3. The City Recorder shall cause to be delivered to the Elections Officer of Jackson County the attached Notice of Bond Election, not sooner than twenty (20) days and not later than five (5) days prior to the election: The Elections Officer is requested to give the electorate of the City, not later than forty (40) days prior to the election date, notice that the election shall be conducted by mail in accordance with ORS Chapters 254 and 255, as amended. SECTION 4. The Recorder shall give notice of the Special Election by posting a copy of the. Notice in four' (4) public places in the City of Ashland, and also at the City Hall. The Notice shall also be published in one (1) issue of the Daily Tidings, a newspaper of general circulation in the City, not less than ten (10) days prior to the Election. No Voters' .pamphlet shall be published. ADOPTED by the City Council of the City of Ashland, Jackson County, Oregon on the' day of August, 1987. MAYOR ATTEST: CITY RECORDER RONALD L. SALTER ATTORNEY AT LAW 84 THIRD STREET ASHLAND. OREGON 97520 ~. '" .... .0, NOTICE OF BOND ELECTION CITY OF: ASHLAND JACKSON COUNTY, OREGON NOTICE IS HEREBY GIVEN that on Tuesday, september 15, 1987, an election will be held within the City of Ashland, Jackson County, Oregon. The election shall be conducted by mail. The following questions will be submitted to the qualified voters thereof: NO. 51 GENERAL OBLIGATION BOND AUTHORIZATION QUESTION: Shall the City be authorized:to contract a general obliga- tion bonded indebtedness in an amount not to exceed $1,700,000.00? EXPLANATION: This measure, if approved, would authorize the City to issue general obligation bonds in an' amount not to exceed $1,700,000.00. Bond proceeds would be used to finance the acquisition of land and rights-of-way for the construction of a new reservoir and water lines, appurtenant improvements, and to pay all costs incidental thereto. The bonds would mature over a period not to exceed 25 years. CITY RECORDER RONALD L. SALTER ATTORNEY'AT LAW ..... THIRD STREET ASHLAND. OREGDN 97520 ~tmnrandum July 28, 1987 ~o: Honorable Mayor and City Council ~rcnn: Brian L. Almqui,t, City Adm1ni'tr~ ~ubjett Amendment to Electric Rate Schedules 25 and 30 In presenting the proposed electric rate schedules on May 5 with respect to commercial electric rates, certain assumptions were made on the last rate block of the above two schedules. Experience with the first month of billings under the new rates has not borne out our assumptions. As a result, the rate structure actually reduces rates for our 22 largest customers which, when combined with the other 600 plus commercial customers, results in a zero increase for the entire class of customers. You may recall that this class of customers was to have increased an average of 7.9% as reported in my memo to the Council dated April 29, 1987. There is no problem with either Croman Corp. or SOSC since they are on different rate schedules. This can easily be rectified by changing this last rate block on Schedules 25 and 30, as shown on the attached resolution. This rate change will affect only these 22 customers and will still leave their billings about five percent (5%) below those of Pacific Power & Light Company on the average, whereas I had originally forecast a difference of about ten percent (10%), including the Utility User Tax. ~ . oj, ~~ . A:-f~ RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION NO. 87-18 RELATIVE TO ELECTRIC RATE SCHEDULES 25 AND 30. BE IT RESOLVED AS FOLLOWS: SECTION 1: Resolution No. 87-18 is hereby amended by changing Subsection A.2.c. of Schedule 25 from 2.760 to 3.381 cents per kwh for all additional kwh over 20,000 kwh. SECTION 2: Resolution No. 87-18 is hereby amended by changing Subsection A.2.c. of Schedule 30 from 3.450 to 4.226 cents per kwh for all additional kwh over 20,000 kwh. SECTION 3: The foregoing amendment shall be effective with electric meter readings taken on or after August 10, 1987 and shall include energy consumption for a period of approximately thirty (30) days prior to the meter reading date. The foregoing Resolution was READ and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland on the day of , 1987. Nan E. Franklin City Recorder SIGNED and APPROVED this day of , 1987. L. Gordon Medaris Mayor r .. ( ... FORM No. lI_LEASE_lONG FORM. ,. p'~ @ THIS INDENTURE OF LEASE, Made in duplicate at ._.__~!>~l~nd.t....2E~9:~n_._____...._ooo_ooo_.__, ... ................ ......... _.............. ....._ ._..., on this...~_I?,t:._...._.day of ....~~.:L y.__~._....._.....................__.,_...............__. 19J!.?, by and between .....~~!?:g....~.~.:L.:L...~9.!?:g:...~.~.<;'!....~~~E~~..~.~!!~,!.._~~~!?,~,~~...~~~..~~.~.~........................... hereinafter known and referred to as the lessor. (whether sinAular or plural) and....<;'.:!,!:Y.,.9.J...b.l?hJ.9,nQ,L... .... ~._I~~'?:~_c:.~.P..~.1.._C::<:lr..!?~_r._~.~.~<:>~.._.......ooo ._..~._.................._..ooo_.._.........ooo... ......__._...~_.._.ooo_.__.__' hereinalter known and referred to as the Jessee, (whether sinAular or plural); WITNESSETH: That in consideration of the covenants, aAreements and stipufations herein contained on the part of said lessee to be paid, kept and faithful1y performed by said lessee. the said lessor does hereby lease, demise and let unto said lessee the premises known as ....l,lP.I?:t.~;!:.r..El....c:>.:t:.f:.~<;:.~....~.~.c:.e..f.......__._............. Rooms #3 #4 #5 and #6 at 27 l/2 N. Main Street Ashland, Oregon ......__......__..__.........'--........f........__....ooo...............................ooo......_..__..........._000..........._..........--'-__..........._.................................._..... ..._.._...............____...........__..........................._._....nn.............n........._.............h...............-....................-..........................................--..--. in the City of.........l.\.fiJ.1:l.~.!?:<;'!_..__...........ooo~............ State of...........2!~~<:l~..................... TO HAVE AND TO HOLD said premises hereby leased for a period of.....!::~~...J.2)...;(-=~:.~.........__ .n....._____.nnn...uun........__......nunn....ou.un.....unu_n...uu.nn....n.____n.......nn___nn_n.n.....n...n......_.......__.nn....__.___n._____.___.._______.__ from the.......~~_~.....day oL.._..._>!.~~.Y.~____......._..............._.__.nn........' 19..8..1.., to and inc1udinA the....~.~.~.~:........day of ..............>!.~!1.~..................................:......................... 19..~.~.. said lessee payinA and yieldinA as rental therefor. durinA . ($ 8, 40()) Eight ThQusand, Four llundred sard term, the full sum of...............................:............................................................................................................................. ..un..............__......nn..unn......un.n..-...n.....nnn....-nn......----....-.--.- .._........... Dol1ars, lawful money of.the United State~. to.1Je paid as fol1ows: ""'- The sum of $700.00, upon theexeciution ot thi,a le;J.se, and the sum of $350..0-0. commencing or; the 1.5'':: day of Ju'ly,.l9B7 and continuing on the l.st day of. each month thereafter through June 30, 1989, until the' full sum of $8, .400 sh.~ll have been paid for the lease term. That said lessee will make no unlawful, improper or offensive use of the premises; .that at the expiration of the said term or upon any sooner- termint:tion 'of this lea'se, said lessee will 'quit and deliver up the premises, and all future erections or additions to or upon the same, to the said lessor, or th9se havinA their estate therein, peace- ably, quietly. in as Aoad order and condition (reasonable use and wearinA thereof, fire and other unavoidable casualties ex""pted) as the same now are or may be put in by the lessor or those havinA their estate in the prem- ises; that said lessee will not suRer nor commit any strip or waste thereof, nor make nor suRer to be made any alterations or additions to or upon the same, nor assign this lease. nor underlet, or permit any other person or persons to occupy the same, without the consent of the said lessor or those having their estata in the premises, being first obtained in writing, and also that it shall be lawful for the said lessor and those having their estate in the premises. at reasonable times, to enter into and upon the same, to namine the condition thereof. ~'" "I 'V PROVIDED always, and these presents are upon this condition, that if the said rent shall be in arrears for the space of ....,!iiJl::t:y.J.~OL.c:li3,y~ ..... ....................................................... ..............., or if the said lessee ......__.. .... .......__ ....... ......representatives or assigns, shall neglect or fail to do or perform, and observe any or either of the covenants hereinbefore contained, which on said lessee's part are to be performed, then and in either of. the said cases, the said lessor, or those having their estate in the said premises lawfully may, immediately or at any time thereafter, and while said neglect or de/ault continues, and without further notice or demand, enter into and upon the said premises, or any part thereof, in the name of the whole and repossess the same, of their former estate, and expel the said lessee, and those claiming under said lessee, and remove.. . on .... ........ effects (forcibly. if necessary), without being taken or deemed guilty in any manner of trespass, and without prejudice to any remedies which might otherwise be used for arrears of rent, or preceding breach of covenants. Any waiver of any breach of covenants herein contained to be kept and performed by the lessee shall not be deemed or considered as a continuing waiver, and shall not operate to bar or prevent the lessor from decJar. ing a forfeiture for any succeeding breach, either of the same condition or covenant or otherwise. Any holding over by the lessee after the expiration of the term of this lease, or any extension thereof, shall be as a tenancy from month to month and not otherwise. In the event any suit or action is brought to collect any of said rents or to enforce any provision of this lease or to repossess said premises, the losing party agrees to pay such sum as the trial court may adjudge reasonable as attorney's fees to be alJowed the prevailing party in such suit or action and in the event any ap- peal is taken from any judgment or decree in such suit or action, the losing party agrees to pay sud) sum as the appellate court shalllldjudge reasonable as the prevailing party's attorney's fees on such appeal. IN WITNESS WHEREOF, the respective parties have executed this instrunient the day and year first hereinabove written, in duplicate. This form is not suitable for leasing a .'dwelling unit". as defined in Section 5(3), Chapter SSg, Oregon Lawi 1973 as follows: .. 'Dwelling unit' means a structure or the part of a structure that is used as a home, residence or sleeping place by one person who maintains a house- hold or by two or more persons who maintain a common bou8ehold.'~ (See forms NaB. 244. 166,818). Tung...B.iiTCwong...............:........................................ Shaio.ri...wong.................................................................... L.~....G.q'iaOn...ijeaa:r.~;i;.:.j;ia;ioi.............................. }lan...E.~...Fiank1tn.;....cIfy...Re.c.o.rdei............. 1 ! ~: a! I 't1; r-.! "'! c! c! 00: 00: 1Il! 0; 0; +.Ii Ill! .,; '" s::i ~, 01: 'M; Ill: M: .... ... 'M' 1Il; +.I: ; .!:l; ~ 0 z 0; :;0, 14; Ill! "'j Ill: I < 1-<: 0: , ..:i . 1-1: . ~ ~! 't11 0; 't1; . 0 s::i ..- ..; Poi a; .. . rn ~ en; Illi 'tl, 14' Ill! .; .; ~ &! 0 : ro! c, 0' +.I; .; :l1 't11 Lnl . <( z Illi u: '" eni , ~ c: c: ~ ;di 51 ol . ~ Illi Illi ..-l; '" .; s::! M! . ~ < 0 .Q: Ill; n:s; '" ""'1 'M, ..-l, . ..-If .. ~ tn: o<t; Po; Ill' Q)I : ~ r-I: ::Ii 'M' ~j >J . ~I "' a; ~ Ill: .!:lj u; 1""11 ..-l: ::I; Ill: oi irf : .; ::11 z 1-): . .; 1':; Ill! zi 1-)1 ~ 011 OJ :>01 ::I; 1'1; '" . . 1':, 1':: ....: :<:: 0; ~ " ~ ::I: 0' '...; 0; r--i .:!! '0. 8; :::i ui Ill! 1>:: N; .. >< ; J , ; Cl III ST ATE OF...n....Q.+.~g9.!l.......................n.........} s.. County of n.....J..<lc::~.~~f.l............................... BE IT REMEMBERED, That on this........................day of .........!:\~g:~~.t................._._._................., I9..~.?, before me, the undersigned, a......Notary..P.ubli.c:......................................................................................................... in and for said County and State, person;'lly appeared the within named......T.\!ng..J\g,:!.J,.....HQn.g.~.._................. .......Shar.on...Hong.~...L.n..Gordon...Me.dari.s.,....a.nC;l..N.gn...j;;......f.1:.i!.n.~Jin............................................... ........................................................................................,........................................................ who ........~.~.~..................known to me to be the identical individual...... described in and who executed the within instrument and acknowledged to me that........th.e~~...............................n.....executed the same freely and voluntarily. 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I-<Q)E U C Q) III CI-I - 0 tJ ",2 Q).j.IQ) I-< ::I "M +.I't1 Q) lIll-< I-< II: >Ill..-l III a X III III Q) >+.IlIl::l Po 0 <.'l O.j.llll 1Il III 01 +.I 1Il OM ::I Q) 0 Po U ..i tllUlen 0 1ll+.llllenC 01111~>t III 0 ~I ASHLAND HISTORIC COMMISSION Minutes July 1, 1987 CALL TO ORDER The meetin9 was called to order at 7:35 p.m. by Chairperson George Kramer. Members present were Hal Cloer, Maxine Colwell, Margaret Dode, Bob Edwards, Terry Grant. Jim Lewis and Lorraine Whitten and Associate Planner Steve Jannusch, Crai9 Hudson was absent. Minutes were taken by Edwards, APPROVAL OF MINUTES Cloer moved and Whitten seconded to approve the minutes of the June 3, 1987 meeting. Motion passed. unanimously. STAFF REPORTS PA 87-091 Parkin9 'Variance. 119 7th Street Philip C. Lang/Ruth M. Miller Jannusch commended the owners for the previous remodel of the ex- isting structure and noted that the addition would create a two- story apartment. He said providing a paved parking space for two additional cars might endanger the life of a monumental blue spruce at the rear of the lot, but that in his opinion two compact stalls could be provided without endangering the tree. Owner Lang was present and said he had requested a variance because he felt there is already sufficient parking and that additional paving would degrade the area. Asked if paving blocks had been considered as an alternative to paving, Lang said. he feared the deeper excavation required for blocks would damage the root system of the ornamental spruce. Kramer assigned Cloer, Grant and Whitten to inspect the property on July 3. PA 87-088 Conditional Use Permit, Variance, Site Review 269 "B" Street Jacquelyn and Jim Sims Jannusch presented plans showing how the owners wish to convert an existing residence to a two-bedroom traveler's accommodation by ,\ ;;-'" "" / Ashland Historic Commissipn July 1, 1987 Page 2 the addition would be incompativle with the historic nature of the house and that the Commission also recommend denial of a parking variance. Motion passed unanimously. Staff Permits Kramer requested that at future Commission meetings, Staff presen a report of approved permits revie~edby subcommittee mid-month that did not come before the Commission in order that a formal list of actions be maintained. OLD BUSINESS Butler-Perozzi Marker Grant reported that she had reconvened the original committee on the Perozzi Fountain and, after talking with other principals involved, determined that.work had progressed to the point where it would be possible to rededicate the Fountain as part of the July 4 activities. A bronze plaque will be ordered commemorating the restoration and the park crew wi 11 install the marker on a stone below the fountain. Sign Ordinance Whitten delivered sing ordinances received from Pasadena, California. Kramer said he would study them before proposing any action. . NEW BUSINESS Staff Permit Criteria Kramer explained uneasiness with the wording of the ordinance creating the Historic Commission in that decisions are often required within seven days of plans submittal, thus requiring action by individual Commission members rather than the full Commission. Jannusch ac- knowledged the problem, adding that, whenever possible, major decisions are held for review.of the full Commission. He said an amendment to the ordinance would be required to change the timing. Pending development of an appropriate amendement, it was proposed that a Commission subcommittee might meet regularly on the third Wednesday of each month to review major projects. SHPO GRANT Kramer reported that Al Alsing had received a $2750 from SHPO to study the Jesse Winburn site on Ashland Creek. ..... :t t" 4- I. " Ashland Historic Commission July 1, 1987 Page 3 WCTU Drinking Fountain Kramer reported destruction in an auto accident of a drinking fountain at laurel and North Main. The fountain had been installed originally by the Women's. Christian Temperance Union and the only remaining one in the community is nOl'i at Nutleyand Granite Streets. He said a new fountain has been ordered, but noted the historic WCTU connection has been lost. It was recommended that Kramer write appropriate city officials expla'ining the loss and ask for future attempts to save items of historic nature. Grant agreed to write a letter to the editor of the Daily Tidings to bring to public attention the fragility of our historic heritage. ADJOURNr~ENT The meeting was adjourned at 9:20 p.m. ~. :. ~I .-'" ,.1 >--'~. CALL TO ORDER MINUTES FBO INTERVIEWS AIRPORT RULES AND REGULATIONS 4TH OF JULY PARADE FLOAT RAY HASSELL TREES TREE TRIMMING ADJOURNMENT MINUTES ASHLAND AIRPORT COMMISSION June 3, 1987 The meeting was called to order at l2:10 P.M. by Vice Chairman Ron Bartley. Other Commissioners in attendance were Ev Elerath, Ken Jones, Jerry Lausmann, Bill Porter and Merle Mills. The minutes of the May 6, 1987 regular meeting were approved as written. . It was decided to hold the FBO interviews at 7:30 A.M., June 11, 1987, at the Copper Skillet Restaurant. This item will be placed on the next regular agenda. The Commission discussed the possibility of entering a float in the 4th of July parade. Glen Ward indicated that he could provide a trailer and Nick Broussard is considering offering his Christian Eagle. Discussion will continue on this subject. Ken Jones indicated that he had discussed tree trimming with Ray Hassell. Mr. Hassell indicated a prior problem with the City and would be sending a letter outlining the problem. Discussion took place concerning trees in the 7:l slope at the north end of the runway. It was noted that most of the trees are not on City property. Staff was requested to look into the possibility of Obtaining easements to trim the trees. The meeting adjourned at 1:00 P.M. t/ g"" (~ - Allen A. Alsing, , r ;;k~-'1~ Dfi'. of p/!iC Works , ,~ ... .~ CITY OF ASHLAND PARKS AND RECREATION CCMITSSION REGULAR MEETING June 29, 1987 As the Chairman and Vice-Chairman were absent, the Finance Officer, Commissioner Adams, chaired the meeting. The meeting was called to order at 7:00 P.M. A'ITENDANCE: Present: Absent: Adams, Pyle, Johnson, Mickelsen, Reid Crawford, Nelson I. ADDITIONS OR DELETIONS There were no additions or deletions to the agenda. Commissioner Johnson made a motion to approve the minutes of the Regular Meeting of May 26, 1987, Commissioner Pyle seconded. The vote was: 3 yes - ci no II . APPROVAL OF MINUTES III, BILLS AND FINANCES Commissioner Johnson made a motion to accept the eJ<Pendi tures for the previous month indicated by Payables checks #9912 through 10025 in the amount of $54,678.19 and Payroll checks #5928 through 6020 in the amount of $27,613.74. Commissioner Pyle seconded. The vote was: 3 yes - 0 no IV. AUDIENCE PARTICIPATION ON THE AGENDA A. Lincoln School proposal for community/school playground Rose Marie Davis, Principal of Lincoln Elementary School, and several parents of the school's P.T.A. made a presentation to the Commission concerning their efforts to improve the play areas and landscaping of the school. Planning, fundraising and improvements made due to P. T . A. involvement began as early as 1984. In 1986 parents and school staff both agreed that the major priority at this point in time Was to improve the playground equipment. The group asked for assistance from the , ., ..~ ASHLAND PARKS AND RECREATION COfIMISSION Regular Meeting - July 29, 1987 PAGE 2 ~. Lincoln School P.T.A. - continued Parks and Recreation Commission in funding the project on the rationale that the school grounds were used by a larger population than just the school age children during school hours. They explained that it was their understanding that the Commission has set a policy concerning using school grounds as community/school parks and felt that their school's play area was appropriate for that kind of school/park project. Midge Maurer made a presentation concerning the neighborhood and population which the school serves. Allison Laughlin made a presentation concerning the P. T . A. 's current funds and fundraising efforts, The group presented its overall plan for improvement of the playground area and indicated that the district superintendent was supportive of the plan al though it had not as yet been taken before the school board. In discussion, Commissioner Adams asked what funding was currently available for the project and exactly what the group was asking of the Commission. Allison Laughlin responded that the P. T ,A. and school district would be taking care of all the landscaping, smaller pieces of playground equipment and maintenance. The Commission was being asked to fund the large modular structure similar to the Natureville V placed in Lithia Park and at Helman School. Commissioner Pyle confirmed that the group was asking that the Commission fund the purchase of the modular piece of equipment for an approximate cost of $12,216. Commissioner Adams asked whether or not their were still funds available to the P. T .A. which could be used to match a contribution from the Commission for the purchase of the piece of equipment. Allison Laughlin responded that it was their hopes to spend their funds on other aspects of the project and felt it was simplest to ask the Commission to purchase one specific piece of equipment rather than just donate to the project in general. Commissioner Pyle asked Mr. Mickelsen what funds might be available to the Commission for this kind of project, Mr. Mickelsen responded that currently Brinkworth Bequest funds were the only funds available to the Commission for projects not located on dedicated park lands and that currently there was about $50,000 in Brinkworth not yet committed to other projects. In general discussion of other projects in which the Commission has shared costs with other agencies, it was determined that in the past the Commission has cooperated with a wide range of amounts of financial support and kinds of long-range agreements in developing ccmununity/school parks in other areas. The one consistent element to all the agreements is that there was shared funding among the various groups involved such as the school district, the college, Little League, and two other P.T.A. groups. Commissioner Pyle cormnented that he saw this request as similar in that the Lincoln School P.T.A. has raised several thousand ,') " ASHL.l\ND PARKS AND RECREATION CCJMI1ISSION Regular Meeting - June 29, 1987 PAGE 3 Lincoln School P.T.A. - continued dollars for the project as a whole and also has the support of the school district staff and personnel. He indicated that he believed the "match" of funds was there even though the group was asking that the Cormnission fund the whole cost of the one large piece of equipnent. Commissioner Adams asked Director Mickelsen for his opinion on the planning design presented by the group. He indicated that the plans developed by the Lincoln P. T .A. were .very similar to those developed for Li thia Park and for Helman School and that those plans .were the ones which children seemed to like and use a lot. He said that he saw no conflict with the straightforward purchase of the one piece of equipnent by the department and that, if the P.T.A. group followed through with their plans, the area would become a fine Community/school park area. Director Mickelsen said that, if the Commission chose to allocate the funds being requested, 'he would like to see an agreement worked out with the school district concerning two important elements: ongoing maintenance of the equipment and guaranteed completion of the balance of the proposed development of the area. f'Ol'ION Commissioner Pyle made a motion to allocate $12,216 from Brinkworth Bequest funds to be spent for a modular piece of playground equipnent similar to that in Lithia Park to be placed on the Lincoln Elementary School grounds for the purpose of developing a community/school park provided that a sui table agreement can be worked out with the Ashland School District particularly regarding ongoing maintenance of the equipnent and completion of the total concept of the project. Commissioner Johnson seconded. The vote was: 3 yes - 0 no By general agreement it was determined that Commissioner Adams would work with Director Mickelsen and the Lincoln School P.T.A. to work out an acceptable agreement with the school district. B. Betty Elerath - Southern Oregon SWim Association Betty Elerath. Secretary for SOSA, was present in the audience in response to a Commission invitation to explain more about their organization to the Commission regarding the program they offer for young people. Mrs. Elerath explained that all fees charged to members of the swim club go back into the club for medals, to pay for coaches, and for purchasing swim time in pools. She said that no child who was genuinely interested in competitive swimming would be turned away for the lack of ability to pay. Everyone except the coach and lifeguards who work the deck are volunteers. The group runs fund raising events periodically to offset some of the expense. ,:) \,; ASHLAND PARKS AND RECREATION CCM>1ISSION Regular Meeting - June 29, 1987 PAGE 4 . Betty Elerath - Southern Oregon Swim Association - continued Commissioner Adams thanked Mrs. Elerath for coming to speak to the Commission. Mrs. Elerath thanked the Commission for its support for the recent Shakespeare Meet which was held at the Meyer Pool. C. Mike Cady - Ashland Tree Commission Mike Cady, Chairman of the Ashland Tree Commission, made a presentation requesting that the newly dedicated park =rently known as the Lord Property be used to commemorate the bicentennial anniversary of the Signing of U,S. Constitution. The concept would be to create a living legacy to permanently commemorate the Constitution. The Tree Commission suggested that a portion of the park could be planted using native trees and shrubs. It was also suggested that the park could be dedicated on September 17, 1987 as Constitution Park. In discussion, the Commissioners responded in support of the idea but had some hesitation about naming the park "Constitution Park." Mr. Cady said that it was not necessary to use the name the "Constitution Park" in order for the park to be used as a living legacy. MJTION Commissioner Johnson made a motion to set aside a portion of the park commonly known as the Lord Property to create a living legacy in commemoration of the 200th anniversary of the signing of the U.S. Constitution. Commissioner Pyle seconded. The vote was: 3 yes - 0 no The Commission decided to seek public input for ideas for a name for the new park but prior to September 17th when the park would be dedicated as a living legacy in celebration of the U.S. Constitution. D. Lance Pugh - Bluebird Park Lance Pugh, a citizen who owns property adjacent to Bluebird Park, was present to make a request of the Commission that he and his associates be given permission to build a stairway from the corner of Walker Street and E. Main Street down into Bluebird Park. He indicated that the City Planning Department has approved of the concept and has offered to supply appropriate lighting and fixtures to open up Bluebird Park. He said that he and his associates would bear the entire cost of the improvement and that once the project was complete it would be owned by the city and become just another part of the park. \~:i:J ":' ASHLAND PARKS AND RECREATION COM'1ISSION Regular Meeting - June 29, 1987 PAGE 5 ~ Lance Pugh - Bluebird Park MJTION After some brief discussion, Commissioner Johnson made a motion to accept Mr. Pugh's proposal under the stipulation that the Parks and Recreation Department staff have the opportunity to approve all plans prior to beginning the project, have the opportunity to approve of the finished product before it is accepted by the department as completed, and that the department have to bear no cost in the construction. Commissioner Pyle seconded. The vote was: 3 yes - 0 no In discussion on a separate topic, Mr. Pugh asked the Commission to consider the possibility of exchanging the small triangular piece of property in Bluebird Park on the far side of Ashland Creek for another piece or property nearby. At this time the small piece of 'property is not accessible and appears to' be of no practical and very little aesthetic value to the community. Mr. Pugh's proposal was that that small triangular piece of property be exchanged for another piece of property which would act as a link between Bluebird Park and the Newberry property which the City was possibly considering as a parking facility in the downtown plan. Both the Commissioners and Mr. Pugh agreed that it was very difficult to visualize specifically which small piece of property he was proposing to swap for the small triangular piece of Bluebird Park when not actually on the site. Also, although many conditions and details were generally discussed, consensus among the Commissioners was that it was not an appropriate time to attempt to iron out details pertaining to a possible land swap. However, the Commission assured Mr. Pugh that the concept seemed favorable to all parties and it was willing to actively have the proposal pursued as to details and legalities. Commissioner Johnson was appointed to work with the Director and Mr. Pugh to determine the exact location of the property to be swapped and to follow the progress of the proposal. V. AUDIENCE PARTICIPATION NOT ON TIlE AGENDA None VI . OLD BUSINESS A. Information regarding skateboard facilities The Commission reviewed information received on various skateboard facilities throughout the country. After reviewing the material the Commission decided to continue to pursue the concept and investigate various possible sites .go! ~ ASHLAND PARKS AND RECREATION CCMI'lISSION Regular Meeting - June 29, 1987 PAGE 6 ~ Skateboard area - continued . and means of creating a facility which could best serve the CCJllll11tlI1i ty. CDlmnissioner Pyle had several ideas which he wished to see investigated. Commissioners Adams and Pyle were appointed as Commission representatives to approach the City to try to find a means of developing a skateboard area. VII. NEW BUSINESS A. Request for additional day for Saturday Market Judy Bunch, manager of the Marketplace, mp.de a request to the Commission to allow the Marketplace to operate on July 5, 1987. KlTION Commissioner Pyle made a motion tO,grant the request. Commission Johnson seconded. The vote was: 3 yes - 0 no X. CORRESPONDENCE, CQ!>IMUNICATIONS, DIRECTOR'S REPORT IX. ITEMS FRCM THE CCJMIIISSIONERS A. Letter of resignation - Commissioner Nelson Gary Nelson, Commissioner holding Position #5, submitted a letter of resignation to the Commission indicating that he did not feel that he could continue to serve on the Commission at this time due to a possible conflict of interest. He regretted having to resign from the Commission, but felt that to be technically legal he should do so. The Commission accepted the resignation and decided to request of the City Council that they be given permission to interview for a replacement for the pesi tion and then make a reccmnendation to the Council for appointment. X. NEXT MONTH I S AGENDA The next Regular Meeting was set for Tuesday, July 28, 1987 at 7:30 P,M. XI. EXECUTIVE SESSION The Commission recessed to Executive Session to discuss salary negotiation. .' . L ., (i., '" .~ ASHLAND PARKS AND RECREATION Ca-1MISSION Regular Meeting - June 29, 1987 PAGE 7 . u XII. SALARY NEGOTIATIONS rmION Commissioner Johnson made a motion to approve a new salary scale and vacation schedule for department employees and to add an orthodontic plan to the department insurance program. Commissioner Pyle seconded. The vote was: 3 yes - 0 no Wi th no further business, Conunissioner Adams adjourned the meeting. XIII. ADJOURNMENT Respectfully submitted, Arm Benedict Management Assistant