HomeMy WebLinkAbout1998-0106 Council Mtg PACKET
Imoortant: Any citizen attending council meetings may speak on any item on the
agenda, unless it is the subject of a public hearing which has been closed. If you
wish to speak, please fill out the Speaker Request form located near the
entrance to the Council Chambers. The chair will recognize you and Inform you
as to the amount of time allotted to you. The time granted will be dependent to
some extent on the nature of the item under discussion, the number of people who
wish to be heard, and the length of the agenda.
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
January 6, 1998
I. EXECUTIVE SESSION: 6:00 p.m., Civic Center Conference Room, to consider
employee evaluation pursuant to ORS 192.660(1)0).
II. PLEDGE OF ALLEGIANCE: 7:00 p.m., Civic Center Council Chambers.
III. ROLL CALL:
(.
IV. MAYOR'S ANNUAL "STATE OF THE CITY" ADDRESS:
V. APPROVAL OF MINUTES: Regular meeting minutes of December 16, 1997.
VI. SPECIAL PRESENTATIONS & AWARDS:
1. Presentation of 25 year service award to Edwin "Rocky" King, Cemetery
Sexton.
,~~-~
VII.
CONSENT AGENDA:
1. Minutes of Boards, Commissions and Committees.
2. Monthly Departmental Reports - December, 1997.
3. Acceptance of Annual Audit for 1996-1997.
4. Approval of National Register Nomination for Hargadine Cemetery.
5. Confirmation of Mayor's appointment of Ken Hagen and Carol Horn Davis,
and reappointments of Darrell Boldt and Tom Giordano to the Building
Appeals Board for terms expiring December 31,1998.
~. C nfirmation of Mayor's appointment of Ashley Horacek to the Bicycle
Commission for a term expiring April 30, 1999.
. Adoption of findings for denial of a variance to allow property at 1405
Tolman Creek Road to accommodate four llamas per acre rather than two.
VIII. PUBLIC HEARINGS: (Testimony limited to 5 minutes per speaker. All hearings
must conclude by 9:30 p.m. or be continued to a subsequent meeting).
1. Proposed formation of a Local Improvement District for street requirements
on Westwood Street.
2. Appeal Hearing on a Planning Commission approval of a three-lot Minor
Land Partition at 610 Ashland Street, to include extension and improvement
of a portion of Forest Street east of Weller Lane (Applicant Steve Morjig).
IX, PUBLIC FORUM: Business from the audience not included on the agenda.
(Umited to 5 minutes per speaker and 15 minutes total.)
X. NEW AND MISCELLANEOUS BUSINESS:
1. Council Election of Chair to City Council.
2. Consideration of a revised Financing Plan for the Mure City Hall remodel.
3, Establish a date for Council Goal Setting for FY 1998/99.
XI. ORDINANCES. RESOLUTIONS AND CONTRACTS:
/ Second reading by title only of "An Ordinance Amending Sections
11.54.030 and 11.54.050 of the Ashland Municipal Code to Remove Helmet
Requirements on Sidewalks and to Reduce Criminal Penalties for
fiJ1kateboard Violations in the Downtown Area."
. Second reading by title only of 'An Ordinance Amending Section
18.84.050.A of the Ashland Municipal Code - Land Use Ordinance,
Amending the Required Minimum Size for a Manufactured Housing
~ Development Site to be Not Less than One Acre."
Ratification of labor contract with Ashland Firefighters Association.
4, Reading by title only of "A Resolution Authorizing and Ordering the Local
Improvements for Westwood Street from Orchard Street Southerly 1,300
Feet for the Westwood Street Local Improvement District and Authorizing
the Assessment of the Cost of the Improvements consisting of Curbs,
Gutters, Storm Drains, Paving and Sidewalks against Property to be
Benefitted and Providing that Warrants Issued for the Cost of the
Improvement be General Obligations of the City of Ashland,"
XII. OTHER BUSINESS FROM COUNCIL MEMBERS:
XIII. ADJOURNMENT
City Council Agenda now available on the Internet.
Internet Address: http://www.ashland.or.us
~"4:, .
MEMORANDUM
CITY OF ASHLAND
Administration
Office of the City Administrator
DATE:
December 31, 1997
TO:
Honorable Mayor and City Council
FROM:
Greg Scoles, Interim City Administrator
RE:
VARIOUS
1, Council Goal Setting, As you know we have been attempting to establish a date
for Council goal setting but have had difficulty finding a date when all of the Council will
be available, along with the facilitator. The format this year will be a one day session
so it should be easier to find a mutually acceptable date. In order to bring this issue to
a close, I have placed a discussion item on the Council's agenda where we can pick a
date which is acceptable to most, if not all of the Council. I would hope that the Council
will bring their calendars to the meeting, I will try and determine which dates are
acceptable to the facilitator prior to the meeting, It is important that we have the goal
setting session in the next few weeks so it can help the Departments in their budget
process,
2. Public Works/Engineering Administration Building. On the Council's agenda
there is an item to discuss a revised financing plan for the future City Hall expansion in
the Plaza. This was requested by the Council as part of the Public Works/Engineering
Administration move to the Civic Center. As part of the process we reviewed the
possibility of not constructing a new building but rather incorporate the required office
space into the existing warehouse facility which currently houses public works and
electrical departments, Gary Afseth, the project architect and I reviewed the
warehouse facility and the potential for converting the building to office use, While it is
possible to convert the building there are a number of concerns which make the
conversion a practical difficulty, First, public access to the facility is limited by the
current design. There would not be adequate parking without considerable
modification to the facility. Second, the structure, while having adequate square
footage to house the 7,800 sq, ft. new use, the warehouse space lost in such a
conversion would have to be replaced elsewhere on the site, or provided for in a
second floor inside the structure, There are also portions of the existing structure
which would be very difficult to move or design around (e.g" carpenter's shop, paint
storage, locker room, telemetering room etc.), The building is also a warehouse and as
. such does not have good potential for exterior light for future office space and there
would be considerable costs associated with upgrading the building's restrooms,
heating and air conditioning system and replacement of storage space,
While it may be possible to save 20-30% of the cost of building new, It is more likely
the cost for modifying the structure would be equivalent to the cost of building new, if all
of the costs associated with the modification are taken into account (e,g" construction
of new warehouse space, modification of parkinglloading areas, replacement of
specialized storage area, etc,),
3, Firefighters Negotiations, The City and the Firefighters Association have
reached tentative agreement, to avoid going to arbitration. The Council will be asked to
ratify the agreement at the Council meeting on January 6, 1998, The tentative
agreement is for a 3 year contract with a 3-5% cost of living adjustment, based on CPI,
a 1 % equity adjustment each January, and the conversion of the health plan to Blue
Cross/Blue Shield Plan VA, the same as the other employees,
4. Central Ashland Bike Path. There is a ground breaking ceremony scheduled for
noon on January 15, 1998. The location is 8th and A Streets.
5, The Winburn Way Bridge, The bridge is nearing completion and sometime after
January 20th, assuming the lights and rails are installed, we will be scheduling a
ceremony to dedicate the structure,
6. Emergency Management Plan, The City Staff has redoubled its efforts to better
prepare for the possible emergency conditions which could impact the city. With the
help of the Fire Chief and Police Chief, we will be conducting training session for the
Department Heads and other during the coming weeks. We are also in the process of
reviewing the Emergency Management Plan and making changes where necessary.
7. Water Supply. The Council is scheduled for a Study Session on January 21,
1998, to discuss the water supply issues, There is also a Water Forum scheduled for
January 27,1998, which is being promoted by the Communications Committee. Both
of these meeting will be televised, We have also tentatively scheduled a public hearing
for the Council meeting on February 3,1998, with a final decision on the Medford
intertie on February 17,1998.
8. Pistol Range Clean-up, The city is continuing to work with the Forest Service to
develop a clean-up plan for the decommissioned pistol range. We will be developing a
Sampling and Analysis Plan for approval by the Forest Service for the remediation of
the site.
9, T.I.D, Agreement. The city has prepared a revised agreement for the
continuation of the 795 acre feet. The negotiations appear to be proceeding in a
positive manner and it is likely the agreement will be completed in the near term,
10, Airport FBO. The lease agreement for the current FBO at the airport terminates
on January 19, 1998. We are currently in negotiations with the operator for an
extension of the lease, We should have a new agreement completed prior to the end
of the month,
1-
..
s-
Barb
Richard Hart just dropped off a bunch of these for
distribution to M&C, Greg, Paul, etc. He said there
could be phone calls about this this morning.
Anyway, I I m pass i ng along a copy to you .i n case
this comes up at,council meeting tonight,so you have
something to reference.
Fran
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DO YOU WANT CLEAN WATER?
WHAT WE DO KNOW:
. In May of 1996, Talent Irrigation District (TID) delivered a deadly blow to an
estimated 92,000 juvenile steel head in the biggest of our local watersheds, Bear
Creek. A deadly poison was injected into a TID canal, as it has been every two
weeks during each irrigation season for many years, On that day, the weed
killer Magnacide H (the trade name for Acrolein, a proven mutagen and
suspected carcinogen) leaked out of the canal in sufficient concentrations to kill
most life including the steel head in a 4,5 mile stretch of the creek, According to
the Environmental Protection Agency, 68 parts per billion of Magnacide H is the
acute level for protection of fish. In other words six-tenths of a gallon of
Magnacide H injected into Reeder Reservoir could kill all the fish.
. The EPA precautionary statements include a warming: "Do not use where
waters will flow into potential sources of drinking water," During most years the
City of Ashland treats TID canal water for Ashland's drinking water supply,
. TID is allowed to use our urban stream system like a toxic dump with very little if
any regulation or oversight. Hamilton Creek, Paradise Creek and Butler Creek
(to name just three local streams) flow into and out of the canal system, Our
dogs and children play in these canals, We use this water to keep our lawns
and gardens green.
. Headwaters and the Watershed Enhancement Team (WET) have been working
to require TID to adhere to the law, A Clean Water permit would allow you, the
citizens of Ashland and the Rogue Valley, a voice in this issue,
WHAT THE PUBLIC DOESN'T KNOW:
. How much Magnacide H is being injected into our local waterways?
. Exactly where is the Magnacide H being used?
. Exactly when is the Magnacide H being used?
. What are the possible side effects of exposure to Magnacide H?
WHAT YOU CAN DO
. Call TID (541-535-1529) and ask for more information about the poisons they
are using in and around our local irrigation canals,
. Call or write Governor Kitzhaber. (State Capitol, S?lem, OR 97310; 503-378-
3111), Ask him to require the Department of Environmental Quality to institute
the Clean Water permit process so that we can have access to the information
we need to be safe.
. Participate in the Clean Water Campaign by calling Pamela Tennity at
Headwaters (482-4459) or JoAnne Eggers of WET (482-3305).
WE ALL WANT CLEAN WATER
Headwaters * P.O. Box 729 * Ashland * 482-4459
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CLEAN WATER CAMPAIGN
CHRONOLOGY OF EVENTS following the
Bear Creek Fish Kill of May, 1996
by Pamela Tennity, Headwaters
January 6, 1998
May 8, 1996 Talent Irrigation District (TID) uses Magnacide H (trade name for the,
, vegetation killer Acrolein) in an open irrigation canal adjacent to Bear Creek
as part of their regular "demossing" program, (Magnacide H is injected into
.each of TID's four canal systems every two weeks every year from April'
through October)
May 9, 1996 Dead fish discovered by Oregon Department of Fish and Wildlife
(ODFW) in Bear Creek near town of Phoenix, Oregon, HazMat team
completes cursory investigation, decides no threat to human health - does
NOT find source of leak and takes no samples,
May 10, 1996 Richard Hart of Headwaters (HW) and Marc Prevost of the Rogue
Valley Council of Governments [asked to investigate the spill by the
Department of Environmental Quality (DEQ)] go upstream and find highest
point of kill near Hardesty property at bottom of Oak Street in Ashland,
May 11, 1996 Local citizen-based Watershed Enhancement Team (WET) members
return to investigate impacts to creek and aquatic life in early AM, They
take samples and find leaking canal gate allowing tainted canal water into
Bear Creek, WET members mount phone Campaign to get agencies
involved and have official samples taken. Press contacted,
May 14,1996 Jeremy Buck, U,S. Fish and Wildlife Service biologist from Portland,
agrees to come to Ashland and take samples, assess situation, Meetings of
WET and HW staff continue 1-2 times per week, Contacts with officials and
citizen groups are numerous, including ODFW (local and state chief); DEQ
(local and state chief); Norma Grier, Northwest Coalition of Alternatives to
Pesticides; Paula Burgess (Governor Kitzhaber's office); State Dept. of
Agriculture; National Marine Fisheries Service, U.S, Fish and Wildlife, and
the Bureau of Reclamation,
May 28, 1996 First of several meetings with Hollie Cannon (manager of TID), WET
and HWs staff to explore working together to resolve this problem,
May 30, 1996 Meeting with Steven Greenwood, Regional Administrator for DEQ,
and Rogue Valley Council of Governments, ODFW, DEQ, Taient City
Council, Watershed Enhancement Team and Headwater's staff, NO
ACTION TAKEN.
June 17,1996 Headwaters and WET meet with Baker Chemical, manufacturer of
Magnacide H. They try to reassure us chemical is relatively harmless.
However, the Environmental Protection Label states, "Do not release treated
water for 6 days after application into any fish bearing waters or where it will
drain into them." We have been told that some irrigators receive Magnacide
H treated water without delay, We have observed that the canals intermingle
with urban streams and leak in many locations.
..) .~...
, "
CLEAN WATER CAMPAIGN - CHRONOLOGY OF EVENTS
Page Two
The label also states, "Do not use where waters will flow into potential
sources of drinking water: Public works officials have confirmed that
Ashland and Talent periodically use TID water in their municipal drinking
water systems.
June 17,1996 Headwaters and Watershed Enhancement Team contact
,Charlie Tebbutt of Western Environmental Law Center (WELC) for legal
support.
August 20, 1996 DEQ issues a Notice of Violation against TID and imposes a civil
penalty of $50,000 for "discharging wastes to waters of the state without a
permit authorizing such discharge: ODFW assesses TID $354,000 in
compensation monies for dead fish,
May 9, 1997 Community forum held in Ashland by WET and Headwaters on
anniversary of fish kill. Invited state agency officials present to public, WET
presents "Public education and notification" proposal. TID refuses to agree
to public notification of times and locations of Magnacide H application.
Attitude of many irrigators present is that chemical is harmless, they are
"environmentalists," their canal system is private property and not subject to
laws, They make every attemprto intimidate us by telling us that they will call
the police if we are seen on their property,
June 12, 1997 HWand ONRC send 60 Day Notice of Intent to Sue, represented by
Charlie Tebbutt of WELC, Suit addresses Clean Water Act and fact that
irrigation canals interact with urban stream system - risk of ongoing small
leaks is high; risk for another major fish kill is high (May, 1996 kill was third
major fish kill in the Rogue Valley),
July 8, 1997 Headwaters, WET and their attorney meet with TID and their
attorneys to discuss possible settlement. A need for Clean Water Permit and
TID's ongoing violation of Clean Water Act discussed,
August 11, 1997 TID's attorneys send letter to answer 60 day notice, refusing
to pay penalties for ongoing violations or apply for a Clean Water Permit
Sept. 10, 1997 Letter sent to Governor Kitzhaber (signed by 28 environmental
groups), asking him to intercede, Our State Representative lobbies
Governor's office to take up issue and answer our letter.
Oct, 27,1997 Governor's reply states regulations presently in place are sufficient;
he will not require Clean Water Permit.
December, 1997 DEQ fines against TID are reduced from $50,000 to $10,000, TID
able to use Integrated Pest Management Study as in kind monies against
fines.
Information from sources within ODFW is that negotiations with TID
around in kind restoration projects and reducing the $354,000 compensation
assessment have not been fruitful. No agreement has been reached,
Jan. 6, 1998 Headwaters and Oregon Natural Resource Council Action file
complaint, represented by Charles Tebbutt of the Western Environmental
Law Center.
State of the City
by Mayor Catherine M, Golden
January 6, 1998
One year ago today Ashland was literally still mopping up. As a community we were
traveling with our gallon jugs to watering stations and using port-a-potties throughout the
city, Many businesses were closed for months, Some because of direct damage others
because of personal loss in homes and neighborhoods, Some simply could not stay open
without water and plumbing, And yet through the hardship and inconvenience we
received many gifts, Together we shoveled mud, removed silt, canvassed neighborhoods,
filled sand bags, helped those who could not get out themselves and learned what it is like
to have friends and neighbors like those living in the surrounding cities and county.
The residents of Jackson County and beyond opened doors and shower stalls as Ashland
dug out. We felt fed and loved, Money poured in to rebuild beautiful Lithia Park, And
Ashland residents, once more, dug in their pockets to anti up the necessary funds to match
Federal Emergency Management Association money,
Here on cable access you watched as I fired my first department head, You watched as
we put in place hillside development standards to help protect out city from flood and
fire, You watched as our city administrator of 27 years retired from the city to begin a
different career. In fact, there is very little that we do not do in front of our citizens and
the Southern Oregon community. Even off-night meetings, if the council feels they're of
interest, are scheduled when they can be covered by RVTV, And much of what we do
also gets capsulated in to the City Source Newspaper that our City Recorder, Barbara
Christensen puts out.
Although this is the tenth State of the City I have had the pleasure to deliver to you, I
cannot remember a year that has been more rambunctious. Last spring, my son Daniel,
summed it up nicely when he said: "Mom there is too much drama in our lives," My
hope is that 1998 brings a year of far less drama.
This year, as every year, I asked each of our department heads to note up the important
events ofthe previous 12 months and provide a window into the future, Although much
has been accomplished, what started at 12:01 AM on that rainy New Year's Day morning
has occupied much of what your city has done for the last year.
Police Department
In 1997 our police chief Gary Brown took a job in California leaving behind a progressive
and professional organization that our new Chief, Scott Fleuter, is building upon. While
Scott was not here during the flood, the entire police staff was working around the clock
in a coordinated effort with the city team, They became the communication center,
answering thousands of phone calls and serving as the hub for both the city crews as well
as our citizen workers.
Much of Gary Brown's disarming and professional manner is embraced by Scott Fleuter
and the rest of the police department.
We now have a School Resource Officer program in the high school and middle school
with a shared funding source between the city, the school and a federal grant. Teri
DeSilva, our first SRO has been highly successful in opening communication between
our youth, school personnel and the police department. The "Youth In Law" class has
been particularly effective in building understanding between the students and the
criminal justice system.
Our Youth Diversion Counselor, Jan Janssen, is an invaluable link between the youth of
Ashland and the rest of city govemment. Very few cities have such a position as part of
their police department.
Our Central Area Patrol, consisting of both staff and senior volunteers providing foot
patrol to the downtown and park, has been wonderfully successful. The public has
continually commented on how much they appreciate the personal interaction with our
officers and the high visibility,
Speaking of volunteers, APD would not be able to provide the current level of service
without the assistance of our volunteers. They provide foot patrols, courier service,
vacation house checks, traffic control, and more, They are an invaluable resource and
serve as "ambassadors" for the Police Department and the City,
So where is the Police Department going in 1998? Although they have a lot on their plate
for the upcoming year, the most interesting is the Citizen's Academy.
A citizen's Academy is a short "mini" academy that introduces members of the
community (residents, business owners, local media, college/high school students, etc,) to
the inner workings of the police department and the criminal justice system as a whole,
Most academies are approximately 8-10 weeks in length, and meet one evening each
week for a couple of hours, Topics such as criminal law, use of force, Community
Policing, and 911 are discussed and presented by various guest speakers. Our version is
going to go one step further and ask that the "students" participate by presenting their
views and concerns,
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Ashland Fire and Rescue
Issues and activities associated with the New Year's Day flood monopolized the Fire
Department's attention for the first six months of 1997. Chief Woodley provided
invaluable leadership as our field commander. He also was instrumental in the drafting
and implementation of The Emergency Management Plan that became our textbook
during the flood, Currently, the AFD is revising the plan which should be completed in
the very near future,
1997 also marked the completion of the wildfire fuel reduction work in the lower
elevations of the Ashland Watershed, This was a strategically important geographical
area because of the historic origins of wildfire in Ashland. Removal of wildfire fuels
from these lower areas has substantially reduced the threat of wildfire to the Reeder
Reservoir area, Work in the watershed to achieve this objective will continue throughout
this winter and next spring. '
On January 2nd, the Ashland Fire Department became "Ashland Fire & Rescue" with the
acquisition of the ambulance services contract for ASA #6 in south Jackson County. As a
result of this acquisition, ambulance service levels and response times have substantially
improved for the residents of South Jackson County. The calendar year 1997 witnessed
continued expansion of ambulance services by Ashland Fire and Rescue, with a special
focus on providing quality patient care,
With the advent of the "FireMed" ambulance membership program, ambulance services
are now more affordable for all households in ambulance service area #6, Ashland Fire
and Rescue responded to over 1800 medical emergencies and transported 1,061 patients
to area hospitals during 1997. The provision of this service represents the return of the
City of Ashland to the ambulance service business after a hiatus of 60 years (the city
operated the service from 1926-1936),
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Planning Department
Many years of hard work from community as well as staff resulted in a banner year for
completion of a number of projects in our planning department. The highlights:
. Final adoption of the City's visionary Transportation Element of the Comprehensive
plan which will guide the city in its transportation decisions for the next 20 years,
Currently we are working on the Transportation System Plan needed to implement the
Transportation Element and the Local Street Plan,
. Completion of the North Mountain Neighborhood Plan, This represents a cooperative
effort between the City of Ashland and eleven property owners to create a new
neighborhood that encompasses the features and designs that makes Ashland livable.
The North Mountain Neighborhood Plan is an example of a new direction for land use
planning that recognizes the need to address more than just housing as we urbanize
our community.
. The City received an award from Livable Oregon, Inc, for the City's role in the new
Golden Fields building in the downtown, This building represents the direction the
city has taken towards new development in a pedestrian-oriented mixed-use structure,
meeting the needs of the developer while complementing the historic context of
downtown,
. The City adopted a new cellular tower ordinance, regulating the location and
placement of new cell towers, Historic and residential areas are protected from the
intrusion of these towers in this ordinance.
. Final adoption of the City's Hillside Development Standards occurred after approx. 2
years of meetings and revisions, While this adoption process was somewhat
controversial at the end, the final product represents an excellent effort at controlling
the environmental impacts associated with construction on steep slopes, while
providing guidance for property owners,
. Nomination of the RR district as a National Register Historic District, This district
represents an important part of Ashland's past, and full protection of it as a resource
for our future will be undertaken as part of this process.
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Public Works
The Public Works and Engineering Department were significant players during the flood
and after math. Along with volunteers, Public Works filled hundreds of sandbags, moved
4500 tons of granite dumped by the flood waters, repaired and replaced water lines,
cleared slides off of roads in the hillside areas, repaired Winburn Way, Water Street and
Bluebird Park, and put the lift station back on line at the wastewater treatment plant.
The sewage treatment and water treatment plants held up remarkably well despite damage
around the area and to collection and distribution systems,
All told we ended up with 42 different flood sites, combined into about 15 different
FEMA projects, most of which have been completed or substantially competed within
allowable FEMA reimbursement standards (thanks greatly to Jim Olson and Karen
Huckins),
Among the significant projects that were completed:
. Ashland Creek Flood Restoration Project
. Windburn Way Bridge Replacement
. Central Ashland Bike path (after nearly 5 years, this project as come together. Bid for
construction were received this fall and construction is expected to begin any day, It
will be completed in the fall of 1998,)
. Roca Creek Improvements
. Wastewater Treatment Plant Design.
. Demonstration Wetlands
. Indiana/Wightman Realignment
. Fordyce Street Improvement
. Ann/Clinton/Orange and Mountain Street Improvements
. East Main and Mountain Intersection Improvements
. Street improvements on Van Ness, Dogwood Way, the road to Alsing Reservoir
. Storm Drain Construction on Faith Street, East Main, and Emerick,
. Water Line Improvements to the airport and south end of town, B Street, Water
Street, Fordyce Street and new services to all subdivisions (approx. 200), Water
pressure was lowered on the east end oftown to a manageable 50 psi from 200 psi
Next year's challenges for Public works:
. Re-organization of the Department
. Review infrastructure requirements for the next 20-50 years
. Updating the digital filing capabilities and completing the aerial mapping and
digitizing of the City's system so we can be compatible with the GIS systems,
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Conservation
1997 marked the end of nearly 17 years of federally provided funding for conservation
programs in the City of Ashland. From 1980 until 1997, a total of$6,333,276 of
Bonneville Power Administration (BP A) supplied money was spent in Ashland on
conservation programs in their operation, This relationship ended on October I, 1997, In
the future, local utilities will individually decide the fate of conservation programs and
then fund them locally if they want to continue offering them.
The Division, in addition to operating electric energy conservation programs, also
operates the City Water Conservation and Air Quality programs, They also provide staff
support to the City's conservation commission and help it to promote its "Sustainable
Ashland- Where Green Becomes Mainstream" slogan,
Conservation is currently working with the Electric Department on its cost of servcice
study and strategic planning efforts and hope to include a discussion about ways to
continue the City's fine conservation traditions as part of these strategic planning and rate
study processes,
The Electric Department
The Electric Department, characteristically quiet, will soon be taking center stage in
Ashland.
. This last year our electric department re-negotiated with BP A for 15% of our
electrical load which will result in a savings of approximately $750,000 over the next
four years,
. Our electric department relocated and stabled electrical transformers and associated
facilities within flood areas along Winburn Way
. They installed more than 20 miles of underground conduit in conjunction with new
construction and overhead to underground conversions
. They are conducting a Rate and Cost of Service study which will be presented to the
city council within the next 30 days
. They have completed the design for a telecommunication dark fiber ring withing the
City of Ashland,
This fiber optic ring will afford the City and its citizens many opportunities within
the telecommunications industry, such as voice, data, automatic meter reading and
demand side management programs, in order to keep our utility as cost efficient as
possible, Construction is under way,
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Finance Department
Finally I would like to take a moment to comment on our finance department.
The City of Ashland has a truly gifted team working under our Jill Turner. We hear about
the finance department only during budget season and each year when they win regional
or national awards for financing practices,
But 1997 presented enormous challenges to this small city department. First the flood,
When the flood hit our finance department had to completely re-evaluate our budget.
Money had to be borrowed within departments to pay for immediate emergencies, Karen
Huckins took on the daunting task of FEMA project grants and much of our success rests
squarely on her shoulders,
Usually January to March marks the time when the Finance Department prepares the next
years budget. But in 1997 that time was filled with dealing with the day to day of FEMA
grant writing and paying for flood repairs, That meant that the people working under Jill
Turner had to continue with unbelievable demands to crank out the budget by the spring.
Couple all of this with Measure 47 and the funding uncertainties that it presented to all
municipalities, followed by Measure 50, five labor contracts, successful bond sales, living
in a construction site while the elevator was going in, implementing a new city wide
phone system and you have an exhausted team,
I do not believe we could have place more challenges before Jill Turner and her staffthan
we did this year, Through it they remained good-natured and hardworking.
All in all the citizens should be proud of the people who serve them each day from City
of Ashland, We are a small thriving community because together we run our city like a
business with a heart,
However, the City of Ashland could not be in the enviable position it is if if it were not
for the citizens of this community,
When I think of our citizens, friends and neighbors I think of the song, Pennies from
Heaven,
Every time it rains, it rains pennies from heaven
Don't you know the clouds contain Pennies from heaven
We live in a city where people have their umbrellas turned upside down, finding the gifts
in our challenges.
Bless you all and thank you for this opportunity to continue to serve you,
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AGENDA FOR THE REGULAR MEETING
ASIll..AND CITY COUNCIL
December 16, 1997
PLEDGE OF ALLEGIANCE
Mayor Golden called the meeting to order at 7:04 p.m" Civic Center Council Chambers.
ROLL CALL
Councilors Laws, Reid, Hauck, Hagen, and Wheeldon were present. Councilor DeBoer was absent.
APPROVAL OF MINUTES
The minutes of the Regular meeting of December 2, 1997 were approved as presented,
SPECIAL PRESENTATIONS & AWARDS
1. Presentation of retirement plaque to Tim Caswell, Engineer for 25 years of service with the Fire
Department.
Mayor Golden read a brief history of Tim Caswell's service to the City, expressed her appreciation and
presented him with a retirement plaque,
Tim Caswell Jr. paid tribute to his father, and spoke of his strong commitment to his family,
2. Presentation of retirement plaque to Jerry Glossop, Street Superintendent for 25 years of service
with the Street Division.
Mayor Golden read a brief background of Jerry Glossop and expressed the City's appreciation for his service.
3. Mayor's Proclamation declaring January 10, 1998, as "Christmas Tree Recycle Day in Ashland."
Mayor Golden read proclamation, noting the contributions of Troop 112 of the Boy Scouts of America, Ashland
Host Lions and Early Bird Lions. All citizens were encouraged to set their trees out near the curb on Friday,
January 9th, to be picked up January 10th, and to consider making a donation to assist the Troop in their
community service activities,
4. Introduction and presentation by the Traffic Safety Commission.
Paula Brown spoke briefly on the Traffic Safety Commission and introduced Pam Barlow, Public Works staff
liaison to the commission.
Pam Barlow introduced members of the commission who were present: Bob Goeckermann, David Fine and
Joanne Navickas, Noted Safety Chicken programs emphasizing Crosswalk Safety Week in June, back to school
crosswalk safety programs and visits to kindergarten classes, Also stated that despite Ashland's having some of
the highest volumes of pedestrian trafflc in the state there has not been a pedestrian traffic fatality in
approximately six years,
Commissioner David Fine spoke concerning neighborhood traffic management, explaining both the reactive and
proactive elements, Discussed general disregard of pedestrian crossings by motorists on Siskiyou Boulevard
near Southern Oregon University, and the problem with jaywalking in the same area. Also noted the
commission's concern with the number of intersections between the library, fire station, and Gepetlo's
restaurant. Stated that the commission will be taking a long-term look at this area with help from the Oregon
Department of Transportation (ODOT),
Barlow noted the value of citizen input. Also noted that commission is looking at ways to improve disabled
access around the community,
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Councilor Laws, council liaison to the commission, spoke on the conflict between engineering standards and
perceived common sense and noted the role of the commission in finding a compromise between these two.
S. Recognition of OMECA Bonus to City of Ashland.
Conservation Division Manager Dick Wanderscheid spoke of the successful relationship with OMECA.
Explained that as this relationship is coming to a close, the City has qualified for a bonus payment for exceeding
the goals of the agency. Noted that Ashland was one of six utilities to receive this bonus, along with a letter
from the Governor commending their cost-effective conservation programs. Noted that the bonus check was in
the amount of $44,490, or 80% of the total bonus with the remaining 20% due on completion of the program,
Pointed out that the totallevelized cost of Ashland's programs was only ,85 /Kwh, which was the lowest cost of
any OMECA utility, Noted that a total of $6.3 million in conservation funding has been provided to Ashland
since 1980, and recognized the contribution of Conservation staff members Stu Smith, Sonja Ackennan, Robbin
Pearce, and Cathy Cartmill,
Mayor Golden noted the revenues received from the Utility and the community commitment to conservation,
Noted statewide recognition of Ashland's conservation efforts,
Councilor Hagen commented on how easy the conservation staff had made it for him to utilize the available
programs and cut his electric bill in half,
Councilor Reid pointed out that Ashland leads Oregon in demonstrating how effectively conservation programs
can be,
6. Presentation by R.V.C.O.G. and Public Works Director regarding the T.A.P. waterline intertie
project.
Public Works Director Paula Brown introduced Tom Bazo, Planning Director of the R,V,C,O,G, and Jennifer
Lee, who has worked extensively on the intertie project for R,V,C,O,G,
Bazo spoke of the project's history, Stated that Phoenix's growth issues had necessitated an increased water
supply in order to allow growth within the Phoenix urban growth boundary, and that Talent also had a need to
increase their water supply. Explained that while Ashland has no system problem, the intertie offers an
opportunity for emergency planning for drought situations or to accommodate future growth, Noted that an
engineering study was completed last summer to determine alternative locations for the intertie line. Potential
sources of funding have been identified, the environmental review is nearly complete and preliminary
engineering has been completed for Phoenix and Talent.
Bazo explained that Ashland's decision to participate in the process will determine if there is a need for an
incremental increase in line size between Phoenix and Talent to allow for a potential connection to Ashland in
the future. Noted the intention to follow the railroad tracks, and the need to make decisions and apply for
funding as soon as possible to obligate funds for the project.
Councilor Laws questioned what the latest date for moving ahead with application for funding would be. Bazo
responded that the funding sources have been identified, and application needs to be submitted as soon as
possible. Stated that the current intention is to have the application submitted in January,
Mayor Golden asked about funding sources, and Bazo explained that funding will be through a rural
development loan package,
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Councilor Wheeldon inquired about the source of the water. Bazo noted that the water is from the Medford
Water Commission's spring near Butte Falls, Councilor Laws questioned whether Lost Creek reservoir water
would be used,
Mel Winkelman/2965 Hollyburn Ridge, MedfordNice Chair of the Medford Water Commission and Ed
OlsonlMedford Water Commission Manager/Speaking on behalf of the Medford Water Commission,
Winkelman noted that the commission takes no position with regard to Ashland's decision on participation in the
project. Explained that Big Butte Springs watershed water is used entirely in the summer, but that there would
be some surplus from that source in the winter. The water reserved for the T ,A,P, intertie project would come
from the Lost Creek dam reservoir and the U,S, Army Corps of Engineers, Medford Water Commission would
only contract to treat 'and transport water,
Medford Water Commission representatives explained that the City would purchase water rights and the
Medford Water Commission would provide treatment and transportation, Noted that Medford Water
Commission does not sell water, they only treat, process, and transport it, as they do for Phoenix, Also noted
that they will soon exceed stream flow rights, and will begin purchasing water from Lost Creek Reservoir,
Explained that Medford Water Commission has surplus at the time that Reeder Reservoir is drying up in
September, and this c,ould benefit Ashland by ensuring a year round supply, Also noted that a cost savings
would be available when dealing with the volume of water involved in the intertie project,
Councilor Wheeldon again questioned the source, expressing her concern as to the continued availability of
water over the long-term, Olson noted that in terms of relative volumes used, the Medford Water
Commission's usage represents a small portion of Rogue River flows and that this should be secure, Explained
that Lost Creek Reservoir water was made available through a long-term contract, but that to date, Phoenix is
the only city to have purchased water rights there. The 20,000 acre-feet available for municipal/industrial uses,
is such a small proportion of the total volume of the reservoir, that this should be secure as well,
Winkelman noted that the Oregon Department of Fish and Wildlife has been seeking more water for fish, and
while the water is available for purchase today, there is no guarantee that it will always be available.
Emphasized that if water rights are not purchased now, they may not be available later.
Public Works Director Paula Brown noted that the issue for council to consider, is whether the City of Ashland
will remain involved in the intertie project, and to authorize the use of a 24" line from Phoenix to Talent.
Mayor Golden noted ,that because this item had been included in the agenda as a special presenlalion, she would
recommend re-inclusion with proper noticing as a public meeting before a council decision. Brown noted that
bringing this back as public hearing in January, would be acceptable, but that this is a decision point in the
project.
Councilo~ Reid asked for engineering figures concerning drought, fire, emergency, and growth needs over time,
Asked that Brown bring this information to next meeting, Also suggested that she would like public input; and
conservation information relative to this project.
Councilor Hauck questioned whether incremental cost option is viable now, noting the potential cost variation,
Councilor Reid questioned state standards concerning fire safety,
Councilor Laws noted previous discussion of alternative water sources, which stated that conservation programs
in place would handle Ashland's needs until 2020, Questioned whether this had changed, Brown explained that
while there are no problems with the plant, at times more water is needed to supply the plant.
City Council Meeting 12-16-97
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Councilor Hagen questioned total cost and energy used, Questioned continuing involvement with project if not
willing to bring water to Ashland later. Questioned operational needs of system and whether this would need to
be charged at all times, or turned on and off. Brown will bring this information to council in January. Hagen
would like to be made aware of other alternatives, including use of TID system, and their cost. Discussion of
previous rulings by TID board.
Councilor Hagen noted that Ashland has the luxury of a water system that meets needs over the next twenty
years, that Phoenix or Talent do not have. Councilor Reid questioned if Ashland could look at this option and
make a decision in time to move forward with the intertie project.
Opened to public comment at 8: 10 p,m.
Bob Taber/97 Scenic Dr.!Happy that council is not voting tonight. Emphasized need to make studies public
and seek public input. Feels that the issue here is more than money, and that city must examine sustainability
of getting water from a source fifty miles distant. Council should not be rushed into making a decision by
January. (Mayor Golden clarified that the water will be coming to Ashland from TalenL)
Tom Kennedy/209 Crowson Rd.ffhanked Councilor Reid for her participation in public meetings, Noted that
during flood there wasn't enough water to operate fire safety sprinklers. Speaking for Hospital Foundation,
noted the water needed for cleansing and use by nursing homes and the elderly. (Mayor Golden clarified that
flood problems were with the distribution system. Intertie water wouldn't completely mitigate the effects of
future floods, Would be more helpful for a drought situation,)
Ron Roth/6950 Old Hwy. 99 S.!Feels that a decision tonight is not possible, Recently wrote letter to council.
Feels that this project is an "extremely expensive insurance", and that it will be difficult to compile information
by January. Questioned funding through "rural development", Would like to see a full process, with
information and study for an informed decision. Emphasized that Ashland has the luxury of a good water
system. (Councilor Laws clarified that the federal government considers Ashland a rural area, based on
population figures,)
Zach Brombacher/640 Tolman Cr. Rd./Would like to keep intertie project going, Project has been underway
since before the flood, Feels that Ashland's water system is inadequate 10 meet current needs, and council
should look at the intertie for fire protection. Noted that he had been without water in Ashland on two
occasions. Feels that opposition to the intertie project, is based on a no-growth attitude.
Cate Hartzell/881 E. Main/Supports Councilor Hagen's desire to look at alternatives. Noted citizen desire for
information and hope that information will be provided to the public in advance of the issue coming before
council for a vote, Questioned current political trends with regards to fish issues and feels that the city needs to
look at the likely direction of state and federal political decisions with regard to water allocation before making
a decision, Questioned fire fighting strategy in hills and how water could be used, Asked for a study session
and/or cable access program to address these issues,
Jim Moore/1217 Park SUNot in favor or in opposition, but would like a public hearing prior to making a
decision, Wants to look at big picture before a decision is made.
Jim Hibbert/263 Oak SUThe issue is urgent in that there is an opportunity for a larger pipe 10 provide
insurance for the future which will likely never present itself again, Would also like to see city apply for water
rights at Lost Creek Reservoir.
Public comments closed at 8:31 p.m.
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CONSENT AGENDA
1. Minutes of Boards, Commissions and Committees.
2. Monthly Departmental Reports - November, 1997.
3. Continnation of Mayor's appointment of Rich Whitall to the Ashland Tree Commission.
4. Adoption of Findings for deniat of a Conditional Use Pennit to add additional unit to an existing
4-unit plus owner's quarters travelers accommodation located at 570 Siskiyou Blvd.
5. Approval of a Quitclaim Deed for the tennination of a public utility and irrigation easement at
949 Cedar Way.
6. Approval of an ingress and egress easement across a street plug located at the tenninus of
Renaissance Drive.
DISCUSSION: Councilor Wheeldon questioned if item #6 meant there would be no extension of Renaissance
Drive, Public Works Director Paula Brown noted that it is not the City's intent to extend this as a public street,
but if the area is developed, it could provide access for lots in the form of a long driveway,
Councilor Hauck noted that he would abstain from voting on item #4 as he had not been present at the public
hearing concerning this item,
Reid/Hagen mls to accept the consent agenda. Voice vote: All AYES. Motion passed.
PUBLIC HEARINGS
1. Recommendation from the Planning Commission to modify Section 18.84.050A of the Ashland
Municipal Code pertaining to minimum size requirements for manufactured housing development
sites.
Planning Director John McLaughlin noted that this is primarily a housekeeping issue as the state has passed
legislation that minimum size requirement for a site cannot be greater than 1 acre, Councilor Hagen questioned
the reasoning behind the minimum size requirements, McLaughlin clarified that many areas do not have 2-acre
parcels available within their urban growth boundaries, and that the manufactured housing lobby had requested
action from the state,
Public Hearing open: 8:35 p.m.
Public Hearing closed: 8:35 p.m.
Proposed ordinance read by title only,
Councilors HagenlReid mls to accept the proposed ordinance and carry it over for a second reading. Roll
call vote: Laws, Reid, Hauck, Hagen, and Wheeldon, ALL YES. Motion passed.
2. Appeal Hearing on a Planning Commission denial of a Variance to allow property at 1405 Tolman
Creek Road to accommodate four llamas per acre rather than two. (Applicant Sherry Johnston).
Mayor Golden read the guidelines and procedures for a Land Use Public Hearing,
EXPARTE CONTACT:
Councilor Reid reported having driven by the site.
PUBLIC HEARING OPEN: 8:36 p.m.
City Council Meeting l2-16-97
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STAFF REPORT:
City Attorney Paul Nolte noted that the applicant is seeking a writ of mandamus from the court, to order
approval of the variance, as this evening's meeting falls outside of the state's 120-day limit on matters of this
nature. Noted that applicant is seeking this writ despite the fact that the postponement was at her request.
Stated that the applicant therefore considers this hearing to be null and council to have no jurisdiction at this
time. Nolte stated that it is his opinion that the court will deny the request for a writ since the applicant
requested the postponement, and for other reasons, and advised the council to proceed with this matter.
Planning Director John McLaughlin briefly explained the history of the matter, noting that the applicant is
requesting to keep 15 llamas on a 5 acre site, where the ordinance allows only 10, Staff finds no unique or
unusual circumstances, and no benefit to adjacent properties and thus finds no basis for approval of the
variance. Recommends that council deny the appeal.
Mayor Golden read the requirements for a variance,
APPLICANT:
Ron Thurner/Land Use Consnltant/1l70 Bellview A ve.lRepresenting himself, not the applicant, presented a
letter from the applicant's attorney and explained that the applicant has no intention of appearing.
City Attorney Paul Nolte read the letter, from applicant's attorney Marc C, Hoyt, into the record. Letter noted
that Hoyt had filed for the writ as the City hadn't taken action in 120 days as required by law. According to
Hoyt, by not having taken action in a timely manner, the City is divested of the right to deny the appeal, and
has no jurisdiction, As such, the applicant will not participate in the meeting which is a nullity.
IN FAVOR:
Estelle Voeller/1365 Tolman Cr Rd/lssue to her is the original ordinance. Feels that llamas have much less
impact on land than other livestock. Noted that applicant has been very willing to work with neighbors. Feels
llamas make little impact and help to keep the open space within the city.
(Mayor Golden reiterated variance guidelines and the need to address them.)
Linda Otto/l092 Old Hwy 99 S.lFeels that property is unique in that it has a history of supporting animals,
has a rural charm and benefits people who come there to view the llamas. Noted cleanliness and upkeep of this
area. Feels that the presence of llamas contributes to the rural feel of Ashland.
Camille Mayersky/972 Old Stage Rd, Central Point/Feels benefits are greater than any negative impact.
Noted that if llamas were not on this site, the land would be developed, Stated that llamas are odorless even
when wet, and noted that this is not a commercial business but a ranch.
Marilyn Milton/560 Hamilton Rd, Jacksonville/Noted that llamas are low-impact and environmentally
friendly. Feels that applicant qualifies under all three criteria. Stated that property is unique in location, setting
and development and that people enjoy visiting and viewing the llamas. Feels that denying variance would
hinder livelihood of applicant. Noted benefits of llamas to people and environment. Feels neighbors want no
llamas on property.
IN oPPOSmON: None
PUBLIC HEARING CLOSED: 9:05 p,m,
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STAFF RESPONSE:
McLaughlin noted the conflicting record from neighbors about odor, and stated that when a Planning
Commission member visited the site they had noted some odor. Stated that no new evidence had been
submitted to meet the variance criteria,
REBUTfAL: None
Mayor Golden noted that odor is not the issue. Stated that if llamas have less impact than other animals the
ordinance should be amended,
Councilor Laws nOled that senses of smell vary, and that odor is irrelevant to the issue at hand, Stated that
council should not reverse the decisions of the Planning Commission unless it was to correct an error. Laws
noted that there had been no misinterpretation on the part of the Planning Commission, and stated that this
situation is clearly a violation of the ordinance, Stated that allowing the llamas would require changing the
ordinance not allowing a variance,
Councilor Hauck agreed that odor was not an issue. Stated that the site does not meet the criteria of unique or
unusual, but that he felt the second and third criteria had been well addressed.
At the request of Councilor Reid, City Attorney Nolte noted that the request did not fit any of the variance
criteria as submitted, Confirmed that the solution would be to amend the ordinance, As it stands, the site is
not unique in a manner that would require allowing more llamas,
Councilor Hagen stated that the odor issue relates to the reasoning behind the ordinance and doesn't address the
criteria for variance.
Councilors Laws/Hagen m/s to deny the appeal. Roll call vote: Laws, Reid, Hauck, Hagen and
Wheeldon, YES, Motion passed.
PUBLIC FORUM
Christine Crawley/l24 Strawberry Ln.ffhanked council for the Hillside Ordinance, and requested the
formation of a committee to look at the LID issue, with the intention of finding a means to ensure equity in the
process, Stated that developers should carry the lion's share of costs to make it an equitable situation, and
properties that are unable to develop, or agree not to develop, should pay less,
Mayor Golden stated that she will advertise for citizens interested in being on an ad-hoc committee, Council
discussion of the Hillside Ordinance and whether more formality woutd be needed in this case. Mayor Golden
confirmed that members of this committee would be formally appointed, and that in making appointments she
would seek "representational equity" of existing opinions on the issue, Stated that this committee would be
advertised after winter break,
NEW AND MISCELLANEOUS BUSINESS
1. Report from Finance Director on Flood Restoration Bond Sale scheduled for Monday, December
15, 1997.
Finance Director Jill Turner informed council of the results of the bond sale, stating that the City had been able
to obtain an interest rate of 4.58% with a 15-year maturity. There were II bidders and the bonds were
guaranteed by a third party to guarantee a "AAA" rating, The successful bidder was Piper Jaffray in Portland,
Turner also noted the favorable circumstances in the bond market at this time.
City Council Meeting 12-16-97
7
.'
..
ORDINANCES, RESOLUTIONS AND CONTRACTS
1. First reading by title only of "An Ordinance Amending Sections 11.54.030 and 11.54.050 of the
Ashland Municipal Code to Remove Helmet Requirements on Sidewalks and to Reduce Criminal
Penalties for Skateboard Violations in the Downtown Area,"
Councilor HagenlLaws mls to move the ordinance to a second reading. Roll call vote: Reid, Hauck,
Hagen, Wheeldon, and Laws, YES. Motion passed.
2. Reading by title only of "A Resolution Authorizing and Approving of a State Revolving Fund
Loan Agreement to Finance a Wastewater Treatment Facilities Project."
Finance Director Turner noted that the state has the best financing package available, and explained that five-
sixths of the funds are made available through the Clean Water Act and one-sixth is state money from bonds
subsidized by lottery funds, The rate available is roughly two-thirds of that on the national bond market, and
the total interest cost will be roughly four percent. Stated these are more favorable terms than revenue bonds,
and the loan can be paid off at any time with no interest penalty. Also noted that while there are semiannual
payments, payments can be made more frequently and a rate stabilization account will be allowed. Explained
that payments are schedule from the year 2000 to 2020, around the duration of the Food and Beverage Tax,
Noted advantages, and stated that this loan is for more than the city has borrowed in the last ten years and is
under the best terms. This will ensure that the project is adequately fmanced through the construction process,
and will prevent rate increases, Explained that the Clean Water Act provides funds because small cities would
be unable to obtain financing in most cases.
Councilor Laws noted that the favorable situation is due in part to the excellent management of the City's
finances by the Finance Department.
Councilor Wheeldon questioned rate increases, Turner noted that rates had nearly doubled in the last ten years,
but they are lower than had been predicted and with this loan package the utility should be able to hold to the
current rates through the duration of the Wastewater Treatment Facilities Project.
Councilors ReidlHauck mls to approve Resolution #97-43. Roll call vote: Laws, Reid, Wheeldon, Hagen,
and Hauck, YES. Motion passed.
3. First reading by title only of "An Ordinance Amending Section 18.84.050.A of the Ashland
Municipal Code - Land Use Ordinance, Amending the Required Minimum Size for a
Manufactured Housing Development Site to be Not Less than One Acre."
(Dealt with under Public Hearings, Item #1.)
OTHER BUSINESS FROM COUNCIL MEMBERS
Councilor Hagen asked for a report on how current conservation efforts are meeting projections that were used
in calculating City's long-term water needs,
Councilor Wheeldon would like to look at the intertie project at the council's January study session, and to
include information on the possibility of building another water storage facility to increase the City's available
water supply, Also would like to look at Lloyd Haines' study and suggestion of a committee to review the
report, Feels that this ties into OT AK plan and recommendation to creating emergency plan,
Councilor Laws noted that Otale' s report had addressed everything contained in Haines' report except that the
consulting firm employed by Haines had recommended an examination of the City's handling of the flood on a
day-lo-day basis over the duration of the event. Laws stated that he saw no purpose for this, and that the City
should look to the future rather than continuing to dwell in the past.
8
,
;,
Mayor Golden noted that Haines' consultant did not speak to citizens directly involved in the flood in preparing
the report. Stated that the report was based on outside sources and didn't look at citizen experience or available
information. Stated that it was time to move on.
Interim City Administrator Greg Scoles noted that the City's Emergency Management Plan will be looked at and
brought back to council to address handling of future floods,
City Attorney Nolte suggested circumspection in addressing report due to pending law suits, Stated that City
should move forward with Otak report's recommendations,
Councilor Laws stated that council should look at the status of all Otak recommendations, suggesting March as a
good time to do this.
ADJOURNMENT
Meeting was adjourned at 9:37 pm,
Barbara Christensen, City Recorder
Catherine M. Golden, Mayor
City Council Meeting 12.16.97
9
ASHLAND HISTORIC COMMISSION
Minutes
December 3, 1997
GOAL SETTING/ORIENTATION
At 4:00 p.m, the Historic Commission met in Pioneer Hall in order to discuss its duties and responsibilities,
parameters and protocol, and criteria based decisions, Knox and Lewis led the discussion, Knox then showed
slides of commercial and residential projects that have been completed in the past year, Since there was not
enough time to discuss goals, the members delayed this until after the regular meeting, They also toured the
historic Masonic Temple building.
CALL TO ORDER
The meeting was called to order at the Community Center by Chairperson Jim Lewis at 7:35 p,m. Members
present were Jim Lewis, Terry Skibby, Curt Anderson, Vava Bailey, Joyce Cowan, Dale Shostrom, Keith
Chambers, Carol Abrahamson and Joan Steele,. Also present were Associate Planner Mark Knox and Secretary
Sonja Akerman. No members were absent,
APPROVAL OF MINUTES
Steele moved and Bailey seconded to approve the November 5, 1997 Minutes as submitted, The motion was
unanimously passed,
PIERS AT RAILROAD PARK
Parks Director Ken Mickelsen and Parks Superintendent Steve Gies met with the Commission to voice their
concern about the piers at Railroad Park,. which was developed in 1993, At that time, Historic Commission
members Bill Emerson and Skibby had requested the piers be saved because they were the only historical
remnants of the railroad era left on the original site, The piers originally held two water tanks. In the
meantime, there have been a few minor accidents, and recently, a child broke an arm, Mickelsen read the last
paragraph of E-Mail he had received from the child's mother, seeking removal of the piers, Parks considers
the piers to be an attractive nuisance and the Risk Manager for the City has said they need to be removed
because they are hazardous.
Anderson suggested building a deck on top of the piers. Mickelsen said it would still need to be playground
safe, Lewis conveyed he has observed kids jumping from one pier to another. Anderson asked if only half
could be removed, however Mickelsen asked if they would still serve their historic purpose, Shosttom asked
if it would be possible to fill the area with sand so the piers would only stand up six inches or so. Mickelsen
said a retaining wall would then have to be built,
Lewis stated most people have no idea what the piers are or what they were used for. Skibby inquired if
another water tank could be built, He was told this would not be feasible,
Gies suggested leaving one pier and developing an interpretive area. Bailey said it would be better to leave
the four corners so it would portray how large the area was. Shostrom wondered if more piers could be saved
by removing some so they were at least six to eight feet apart. Mickelsen reminded the Commission when the
. \
park was designed, the 8th Street corner was designated for the historical aspect, Lewis maintained at least
one pier should be saved and stressed the value of telling the story of the rail yards. Mickelsen said the piers
have to be removed, but one could remain,
Anderson suggested making a bench out of the ones encroaching on the sidewalk, however Mickelsen said those
would have to be removed because of ADA standards, Chambers proposed using the tallest ones for
interpretive signs, If the piers are totally removed, Ashland would lose its last vestige of the railroad era,
The Commission agreed the piers on the sidewalk should be removed, Mickelsen agreed to leave the
interpretive area up to the Historic Commission, Lewis, Bailey, Skibby and Abrahamson will meet at the site
with Mickelsen and/or Gies during the December llth'Review Board meeting.
STAFF REPORTS
Planning Action 97-075
Conditional Use Permit
40 North Main Street
Christopher R. Mcintosh
Knox related the applicant originally came before the Commission last August for permission to operate a
portable BBQ adjacent to the Espresso Bar, At that time, it was difficult to understand how the BBQ enclosure
would appear. Since then, McIntosh hired two professionals to draw options, Overall, Staff is supportive of
the design, The temporary use is still a concern, but it will be dealt with at the Planning Commission level.
Chris McIntosh displayed the two options - one using more lattice work, thus creating a more open look
(option 2), and one with horizontal redwood siding half way up around the deck (option 1), He said the BBQ
would be moved in and out every day and will operate from June 1 to October 31, Architect John Duffie
clarified the only thing that is mobile is the BBQ unit itself. The enclosure will remain, McIntosh said he feels
he has refined the design and lightened up the mass, He also said he has been talking with the Health
Department and the requirements are very stringent as to the size of the enclosure,
(At 8:10 Bailey left,) After discussing the different options, Anderson moved and Abrahamson seconded to
recommend approval of this proposal with option 2 being preferred, The motion was unanimously approved,
Planning Action 97-112
Conditional Use Permit
174 North Main Street
Georges T. VanDe Kerckhove
Knox reported this proposal is for the transfer of ownership for the Laurel Street Inn, There will be no
changes, Staff is recommending approval.
Chambers moved to recommend approval of this application to the Planning Commission, Abrahamson
seconded the motion and it was unanimously approved,
Asbland Historic Commission
Minutes
December 3, 1997
Page 2
BUll..DING PERMITS
Permits reviewed by members of the Historic Comniission and issued during the month of November follow:
545 "A" Street
726 Iowa Street
148 Wimer Street
155 Strawberry Lane
Second StreetlLithia Way
337 East Main Street
BWSquared
Richard Rudd
Toomey
Benjamin Stott
Two Guys Selling Trees
Cuckoo Kingdom
Tenant Improvements
Remodel
Reroof
Addition
Sign
Sign
REVIEW BOARD
Following is the schedule (until the next meeting) for the Review Board, which meets every Thursday from
3:00 to at least 3:30 p,m, in the Planning Department:
December 4
December 11
December 18
December 24
Abrahamson, Steele and Skibby
Bailey, Abrahamson, Skibby and Lewis
Shostrom, Chambers, Skibby and Lewis
Steele and Skibby
OLD BUSINESS
Proiect Assil!lllllents for Planninl! Actions
I PA # I Address I Person (s) Assigned I
96-086 685 "A" Street Curt Anderson/Jim Lewis
96-11 0 499 Iowa Street Joyce Cowan
96-143/97 -030 136 North Second Street Terry Skibby
97-018 661 "B" Street Jim Lewis
97-053 565 "A" Street Jim Lewis
97-075 40 North Main Street Dale Shostrom
OLD BUSINESS
Conference With Other Historic Commissions
Knox reported he and Jason Locke (City of Jacksonville) have had a good response from the people they
have talked with regarding the conference. There should be representation from the Cities of Ashland,
Talent, Medford, Jacksonville, Grants Pass and Klamath Falls, and Jackson County, In addition, there
Asbland Historic Commission
Minutes
December 3, 1997
Page 3
~.
will be representatives from the State Historic Preservation Office, the National Trust, and Livability
Oregon who will be speaking, He will keep the Commission updated on the progress,
NEW BUSINESS
National Rel!ister Nomination of Harl!adine Cemetery
The Commission commended Atwood on her research of Hargadine Cemetery, With a motion by Skibby
and second by Steele, the Historic Commission unanimously supported the inclusion of Hargadine
Cemetery in the Nationai Register of Historic Places. Staff will write a memo to the City Council.
Southern Orel!on Historical Society Presence in Ashland
Lewis reported Councilman Steve Hauck and Mayor Cathy Golden were in attendance at the last meeting,
along with several trustee members from SOHS, The committee is trying to find a location, preferably
in downtown Ashland, to locate a history center. Among the suggestions was to move the house owned
by Trinity Episcopal Church across the street to the vacant lot on North Second Street, He will keep the
Commission updated on the progress, .
Goals
Goals included in the discussion were:
1. development of a "slick" walking tour publication
2, become a Certified Local Government (CLG)
3, establishment of a Historical Importance Day/Month
4, adoption of the Downtown Design Standards
5, follow through with the Railroad District nomination to the National Register
6, attempt to persuade the Electric Department to locate transformers/electric meters in a
more discreet location, other than the front of buildings
7, locate. posts/markers signifying interesting historical data in the City
8, involvement of students in educational programs
These will be ranked at the next meeting,
542 "A "Street
Becky Reitinger informed the Commission she and her husband, Mark, had purchased the building at 542
"A"Street. She is a business consultant and he is a designer. They want to move their office in order to
gain more space, Their intent is to create a mixed use building, with commercial and residential space,
The existing structure has no foundation and there is an excessive amount of dry rot. The Reitingers said
they were looking for a guide from the Commission as to the historic significance of the building.
Ashland Historic Commission
Minutes
December 3, 1997
Page 4
.
Skibby asked if they wanted to restore the building. Becky said because of the dry rot, not much could
be saved. Knox asked how many stories it would be. Mark R. answered two stories would be the
maximum. Skibby commented there are not that many original commercial buildings in the Railroad
District. Becky maintained it is about ready to fall down now if something isn't done.
Lewis commented the logical consequence would be to have a two story building on the site. Chambers
noted the building has limited historical quality, and the Reitingers have the opportunity to help anchor
the comer at 4th and "A" Streets. In his opinion, they just need to replicate the period. Knox added it
is important to document the Railroad District. Because it should soon be on the National Register, the
State will have to understand not all buildings can be saved. Lewis added it is necessary for the Historic
Commission to see what will replace the building before any approvals can be granted.
When Anderson asked about the commercial and residential space, Mark R. stated the fIrst story will
accommodate retail and the second story will include an offIce and one residential unit.
Skibby maintained the Commission has an obligation to look out for old buildings. If all they are gone,
there will be no Historic District.
ADJOURNMENT
With a motion by Skibby and second by Chambers, it was the unanimous decision of the Commission to
adjourn the meeting at 9:55 p.m.
Ashland Historic Commission
Minutes
December 3, 1997
Page 5
- "'-
MONTHLY
R E P 0 R T
ASHLAND
POLICE
Vol. 2 No. 1 I
November, 1997
Hurray, the
bridge is open,
the skating rink
is open and the
City is a glow
with the Festival
of Light!
I have to say I love this time
of year. Even though it is
cold, windy and sometimes
gray, Ashland continues to
thrive with that special spirit.
After months of hard work
and planning the Windburn
Way bridge is open and, I
must say, looks wonderful.
Opening just before
Thanksgiving, it gave
families and visitors a
chance to see the
completion of one part of
our city restoration from the
flood last Januar
With the winter season the
Parks Department opened
up the skate rink and
families are again enjoying
another special touch of
Ashland. I know Medford is
putting in a skating rink, but
I doubt it could ever match
Unda Hoggatt, Editor
the special feeling that skating in Lithia
Park has for everyone.
Speaking of special touch, I hope you
enjoyed the Festival of Ught parade and
illumination ceremonies the Friday after
Thanksgiving. Our Chamber of
Commerce, City Electric crews,
volunteers and Reserves/Explorers
(under the direction of Sergeant Mike
Bianca) did a wonderful job to transform
our city into a winter wonderland and
assist in the parade festivities. Our own
Jan Janssen was the Grand Marshal
for the parade, being selected for her work
with the youth of our community.
Congratulations Jan.
New Assignments;
recruitment and saying
goodby.
As I said before things are constantly
changing in Ashland and at APD, but boy it
seems that it never stops now.
What's new at APD.....well, we now have
an Administrative Sergeant. Lisa Brooks
has recently been selected to fill this
position. She works day shifts and handles
assignments designated by
management staff such as staff studies,
quality assessment of officers reports and
is liaison to numerous committees and/or
meetings. Additionally, she supervises
special assignment personnel (DARE,
YDO, SRO, and Parking Control)
Barb Brown has been promoted to
Communications Supervisor. Barb has
been a dispatcher for 12 years and is back
in the center as a hands on supervisor for
the telecommunications. She will continue
to do public education on the 911 system
as well as communications training.
We are expanding the role of the
Community Service Officer. Wendy
Svaren, CSO, will be taking more non-
emergency calls, what we call "cold calls".
These are cases where there is no leads
no suspects and the report is taken for '
documentation purposes. It frees up more
officer time for patrol and ensures the
public that an officer will be able to
respond in a more timely manner. If this
works well, we'd like to be able to offer it
more than just on day shift in the future.
The sad part of these changes is the
resignation of Officer Janet Bailey. Janet
has been with APD since July of 1987.
Since coming to Ashland she has been a
detective, a patrol officer, a DARE officer
(having been designated DARE Officer of
the Year for Oregon in 1994), and a Lead
Police Officer. Janet has shared her love
of horses and artistic talents with us and
our community. We wish her well in her
new adventures.
Crime Statistics:
***~ovennber***
PART 1 1997 1996
Homicide 0 2
Rape 4 4
Robbery 6 6
Agg.Assault 0 2
Burglary
Residential 56 78
Non-residential 51 17
Shoplifting 120 153
Theft from MV 133 86
MY Parts.accessories 67 84
Bicycle Theft 94 92
Thea from building 31 38
Other Thefts 245 195
Motor Vehicle thefts 21 32
Arson 9 3
TOTALS 837 792
~ '. -
Calls for Service
Nov 97 Nov 96
Police 840 769
Medical Calls 149 141
Fire Calls 19 22
911 Calls 427 414
911 Pass Off"" 2 35
911 Incoming Pass
Off Calls" 30 0
..(to another 911 center)
" (from another 911 center)
Training Updates:
With the winter months actual training
has slowed down some, but notthe
program. Wllh the promotion of
Teresa Selby to Sergeant, Loren
Deffenbaugh has been selected to be
training officer forthe department.
Loren will take over the scheduling of
training for all department personnel.
He currently id developing training
logs for new hires and lining up Field
Training Officers for them.
Teresa is working with management
on the 1998 Training Schedule. This
schedule will outline for the upcoming
year the areas determined to be
priority training.
Total training hours November: 305
._...,.....~
' -- ~~'~- ')
". '
Uniform review
committee nears
completion of project.
As part of the strategic plan
developed last summer a Uniform
Committee was convened to review
the current uniform. There was
consensus throughout the department
that a new uniform was desired.
The committee has presented to
Chief Fleuter their recommendations
and plans are being made to change
the current gray uniform. The
purchase of uniforms will be made
from funds in the current budget for
replacement of uniforms and should
be worn by the officer sometime mid
to late January.
COP on the Beat
WHO: AI Mireles, 51
posmON:
Patrol Officer,
fluent in
Spanish
PERSONAL:
AI enjoys
outdoor
sports,
reading, bike
riding and
most
especially
family. AI has
been
continuing his education with SOU
and will graduate the end of winter
term 1997 with a Bachelors Degree in
Business Administration. Way to go
AI!
ROAD TO POLICING: While growing
up in Southern California, AI always
wanted to be a police officer. He
moved to Ashland in 1979 and joined
the Ashland Reserve program in
1981. In 1984 he was hired by APD
as a dispatcher and in 1990 his
dream came true when he was hired
as a Patrol Officer.
Bits of News...
As part of the year long series done
by the Medford Mail Tribune about
drug abuse prevention DARE Officer,
Bob Smllh, had an article in the
December 1" issue. Good job Bob.
Don't forget.....Drinking and driving
don't mix....have a designated driver
for those holiday parties and enjoy
this special time with friends and
family.
School Resource
Officer's job is varied
Teri DeSilva's position as
School Resource Officer is truly
changing daily. In working with the
Middle School she is involved in
WAMS video productions and now
has the nickname "disco cop".
At the high school she has been
teaching Youth and the Law, worked
to resolution a case involving thefts
from school lockers, and continues to
supervise the peer jury program
(handling 3 cases this month).
Additionally, and fun for Teri, she was
asked to swear in fifth grade students
as the Safety Patrol officers for
Walker Elementary school.
Christmas Safety Tip!
No, I'm not going to warn you about
candles and lights on Christmas
trees, I'll let the Fire Department
handle that one. But don't forget
about taking those precautions with
Christmas packages when shopping
and at home.
. Do not place your Christmas
tree and packages in the
window of your home which
will allow burglars to "window
shop"
. Conduct holiday shopping
during daylight hours when
possible, and never leave
packages exposed inside
your vehicle
. Do not carry large amounts of
cash or allow yourself to
become overburdened with
bags and boxes.
. Always have your car keys in
your hand and ready when
approaching your vehicle.
. If you plan on leaving town for
the holiday, ask a trusted
neighbor to pick up your mail
and newspaper while your
away.
· Do not leave mail in your
mailbox overnight. Mail
valuables at the post office or
other mail service business.
· Do not send cash through the
mail. Mail theft increases
during the holidays.
. HAVE A MERRY
CHRISTMAS!
MEMORANDUM
To:
From:
Subject:
Date:
Mayor and City Council Members .
Jill Turner, Director of Finance JIJ'----
City and Parks Audit Ii
December 30,1997
Recommendation: Accept the June 30,1997 audit as presented.
The Audit Committee recently met with representatives from Yergen & Meyer to receive
their pres~ntation ofthe June 3D, 1997 audit. The Committee accepted the report as
presented. A copy of the Committee's minutes is attached.
Audit Committee
December 19, 1997
3:00 p.m.
The above committee met to receive the audit for the year ended June 30, 1997.
Committee members present were: Martin Levine and Barbara Christensen. Staff members
present were: Jill Turner, Kenneth Mickelsen, and Patrick Caldwell.
Representing Yergen and Meyer were: Gerald W. Burns, Jeffery Rehbein, and Brian Conover.
Although a quorum was not present, it was decided to continue with the meeting and issue
informal findings to the City Council.
Parks and Recreation's audit was presented first. Mr. Burns indicated, after a brief
presentation of reason, form and nature of the audit, that a clean opinion was reached.
Further discussion indicated that there were no substantial comments for management
included in the management letter. Mr. Burns closed by thanking the Parks staff for their
cooperation. .
After minor discussion, the report was accepted as delivered.
Mr. Burns then made his presentation of the City report, indicating that a clean opinion had
been issued. .Discussion of comments in the management letter centered around preparation
of written internal control procedures for "major" federal programs in which the City
participates.
Schedules outlining contributed capital prepared by the finance staff were next and Ms. Turner
agreed that such schedules would not be unreasonable. Mr. Burns expressed his opinion that
the City needs to de-centralize the General Bond Fund to provide easier reconciliation to the
Enterprise Funds for split issues. Ms. Turner responded that she is an advocate of fewer
funds not more, and that the burden on the finance staff would, in her opinion, be
counterproductive. Mr. Burns indicated that General Fixed Assets of Ashland Community
Hospital, Ski Ashland, and Shakespeare needed better controls. Ms. Turner agreed that, as
part of Year-End accounting, the City would contact each organization and acquire additions
and deletions as applicable.
Mr. Burns next indicated that resolution of certain issues in the Statistical Section of the report
was necessary to tie in with the audited financial statements. Ms. Turner agreed to discuss
these modifications with Mr. Burns and his staff to come to an agreement on presentation.
The report was accepted as presented.
City/Parks Audit Presentations 12/19/97
n:\acctg\audit\committ\minutes\aucC 1219.97
CITY OF ASHLAND
MEMORANDUM
Department of Community Development
Planning Division
DATE:
December 8, 1997
TO:
Mayor and City Council
FROM:
Ashland Historic Commission
RE:
HARGADINE CEMETERY
In 1993, the Historic Commission felt there was a need to protect and survey Ashland's
historic cemeteries and requested your support. As a result, two of Ashland's cemeteries
have been included in the National Register of Historic Places. Kay Atwood has now
concluded the research of Hargadine Cemetery, which is the last of the cemeteries owned by
the City and will complete the nomination.
At the December 3rd Historic Commission meeting, the members voted unanimously to
support this National Register nomination and are also asking for your endorsement.
A copy of the nomination is available for your review in the Planning Department.
/
MEMORANDUM
CITY OF ASHLAND
Office of the Mayor
DATE:
December 19, 1997
FROM:
City Council Members
Mayor Catherine M. Golden ot1
TO:
RE:
APPOINTMENTS/REAPPOINTMENTS TO
BUILDING APPEALS BOARD
I would like to recommend and seek council approval of the appointments of Ken
Hagen and Carol Horn Davis, and the reappointments of Darrell Boldt and Tom
Giordano to the Building Appeals Board for terms to expire December 31, 1998.
William Thomson and Robert Blankholm have indicated they do not wish to be
reappointed. Due to lack of response, one vacant position remains available.
Letters of interest along with notices of the advertisement are attached.
Attachments:
CAROL HORN DAVIS, AlA
\
November 14,1997
[]f~
,
NOV 1 '7U 1~9~~
.,....... U;
L:J
Mayor Catherine Golden
City Hall
20 East Main Street
Ashland, OR 97520
_e..._____. ___. - -----------..-
Re: Volunteer Position on the Building Appeals Board
Dear Madam Mayor:
I am writing to you to express my interest in serving on the Building Appeals Board.
My family and I moved to Ashland last year during the New Years Day Flood. We wanted to be
close to family and to enhance the quality of life for our 2-year-old son..
I view this position as a unique opportunity for me and for Ashland. Since my current role is full
time mother, I can bring a wealth of Architectural and Business expertise to this position, without
creating any conflicts of interest within the local building industry.
As you will see from my resume, I can bring to the position 20 years of experience in a variety of
building types, both in Construction Management and Architectural Design. I see this position as
a chance to give back what I can to the community I am fortunate to live in.
I thank you for your attention to my application and look forward to hearing from you.
660 PRIM ST. . ASHLAND, OREGON. 97520
TELEPHONE: 488.1597
<
J
.'
CAROL HORN DAVIS, AlA
660 Prim St.
Ashland, OR 97520
Home: (541) 482-5773
Office: (541) 488.1597
A MANAGING ARCHITECT AND DESIGNER with nearly 20 years of national exposure in Retail
Store Design and Construction. Utilizing an MBA in management and marketing, along with
extensive architectural and construction experience, specific accomplishments have included:
Directing the growth of Gymboree, Inc., a Children's company from 75 stores to almost 450
stores in 5 years while continually updating store appearance and fixturing to reflect a changing
corporate identity.
Designing and Implementing a remodel program for over SOO retail stores nationally, using limited
monetary resources, and a 6 month deadline for completion. This program supported new
merchandising strategies resulting in the historicel turnaround for the Gap Stores Inc. in 1985.
Successfully managing property takeovers and store relocations for Mervyn's Department Stores.
Managed site from fixture liquidation through Grand Opening in less than 6 months; while
managing and testing a new 'on site construction representative" program.
EXPERIENCE:
1991 -1997
DIRECTOR OF STORE PLANNING & CONSTRUCTION
GYMBOREE, INC.
Burlingame, CA
Managed Store Design, Architecture, Construction, Fixture Purchasing, and Maintenance
Services of a 4SO( +) store international retail chain, with an aggressive yearly growth rate of 70-
85 new stores. Responsibilities included setting & managing a $24 million a year capital budget,
establishing timelines to support new store growth, fixture purchasing, development of Store &
Playprogram prototypes. Managed a lean & highly productive staff of 8 permanent employees.
Oversaw all store maintenance, repair and fixture retrofit programs. Collaborated with visual
Merchandising to create new fixturing to support new merchandising opportunities. Teamed with
Real Estate in store site selection. Partnered with Store Operations in store openings and ease of
store maintenance. Developed an expansion program for International Store sites, with Canada in
1996 and UK in 1997. Supervised expansion of corporate facilities, including new distribution
center site selection, projecting headquarters growth, and establishing office furniture standards.
Responsible for designing and updating Gymboree's store prototype with maple and painted
woods in 1995.
1989 - 1991
CONSTRUCTION PROJECT MANAGER
MERVYN'S
Hayward, CA
Managed remodel, takeover and new store construction projects with budgets from 1.8 million to
12 million. Administered general construction and Architectural Contracts. Initiated and assessed
fixture purchasing. Established and monitored construction schedules and budgets. Implemented
new store design criteria. Initiated test program for On-Site construction Representatives.
Increased vendor base, evaluated and selected contractors, established project 'scopes of work"
and provided Construction Administration for Mervyn's.
\
'.
1987 -1989
SENIOR PROJECT MANAGER
KEITH BROWN AlA and BROWN MATARAZZI ASSOCIATES
San Francisco, CA
Managed all firm retail & restaurant projects. Accomplishments included successful prototype
development for Laura Todd Cookies and development of standards for Boudin Sourdough
bakeries and Cafes. Designed marketing strategies and made new client presentations.
Developed standard specifications for use by the design staff. Provided Facilities and Interior
project management for firm's major clients such as AT&T and sun Microsystems, including sun's
corporate Training Facility. Implemented software packages for office management and
supervised CAD operations on various projects.
1982 -1987
DIVISION ARCHITECT
Manager/Store Planning and Construction Department
THE GAP STORES, INC.
San Bruno, CA
Created and directed the in.house Architectural and Store Planning department. As a Registered
Architect in 41 states, supervised preparation of construction documents for 60-70 new stores per
year. Managed staff of 12 permanent and part-time employees. Responsible for Gap & Gap Kids
Store Design from 1983 through 1987. This included a 500(+) store remodel program as part of
The gap's historic turnaround of 1985. Supervised development of Gap kids prototype and first 25
stores. Managed construction budgets, site feasibility studies, interior construction, historical
restorations and new "Gap" design strategies. Collaborated with CEO on all prototype studies.
1979 -1982
ARCHITECT (License Candidate)
Designer/Draftsman
FRAHM & BECHTHOLD, INC.
Stockton, CA
Architect for Design-Build Construction Firm operating under a pre-set price/sq.ft. Design and
Construction Budget. Responsibilities included cost estimating, building design, construction
supervision, client presentations and preparation of construction documents. Experience in new
construction of Medical Facilities, Churches, Convenience Stores, Petroleum Distribution Centers
and Automotive Service Stations.
EDUCATION:
MASTER OF BUSINESS ADMINISTRATION
San Francisco State University
8ACHELOR OF ARCHITECTURE (5 year degree)
California Polytechnic State University
San Luis Obispo, CA
OTHER:
LICENSED ARCHITECT, CALIFORNIA, OREGON, UTAH
NCARB Certificate Holder
Retail Contractors Association (RCA), Advisory Board Member
C I T Y
o F
ASHLAND
C I T Y
HAL L
'I
ASHLAND, OREGON 97520
October 13, 1997
Darrell Boldt
1950 Tamarack Place
Ashland, OR 97520
Re: RequeSt for Reappointment to Building Appeals Board
Dear Darrell:
Your position on the above-referenced commission expires December 31, 1997.
Please indicate if you wish to be reappointed by filling in the bottom of this letter and
return it to me at City Hall by Monday, November 10, 1997.
Positions will be advertised for applicants during November. Appointments or
reappointments will be made at the regularly scheduled January 6, 1998 council
meeting. If you are reappointed, you will be contacted after the council meeting.
Thank you for your assistance.
Cordially,
~
Fran Berteau
Executive Secretary
(541) 488-6002
V'
Yes, I would like to be considered for reappointment.
No, I am not interested in being reappointed.
signed:b,~ A6~
'.
,
,
YOUR CITY NEEDS YOU
Applications are being accepted for open positions on the Building Appeals Board.
These volunteer positions have one-year terms expiring December 31, 1998.
The deadline for applications is November 28. If you are interested in applying,
please submit your letter of interest with your resume to Mayor Catherine Golden,
City Hall, 20 East Main Street, Ashland.
PUBLISH:
Tidings: Saturday, November 1 and Saturday, November 8
Revels: Thursday, November 13.
YOUR CITY NEEDS YOU
The deadline has been extended for applications for open positions on the
Building Appeals Board. These volunteer positions have one-year terms
expiring December 31, 1998.
The new deadline for applying is Friday, December 19. If you have
previously applied your application will remain current. If you are interested
in applying, please submit your letter of interest and/or your resume to
Mayor Catherine Golden, City Hall, 20 East Main Street, Ashland.
PUBLISH:
Tidings: Saturday, December 6 and Wednesday, December 10.
Revels: Thursday, December 4 (If too late for this week's Revels, please
publish on Thursday, December 11.
Purchase Order No. 25495
Thanks very much,
Fan ~
CITY OF ASHLAND
Office of the Mayor
MEMORANDUM
DATE:
December 24,1997
FROM:
C~ Council Members
Mayor Catherine Golden tL:J
TO:,
RE:
Bicycle Commission Appointment
I would like to appoint Ashley Horacek to the vacant position on the Bicycle
Commission. The term of this position expires on April 30, 1999. The vacancy was
created by the resignation of Austin Murphy.
A copy of Ms. Horacek's letter of interest is attached.
Attachments
corrm\bicycle\rickert.mem
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MEMORANDUM
CITY OF ASHLAND
Department of Community Development
Planning Division
DATE:
January 2, 1998
TO:
Honorable Mayor and City Council
FROM:
Plarnting Staff
RE:
Planning Action 97-085 - Livestock Variance/Llamas
Backuound
On December 16, 1997, the City Council denied a request for a variance to increase the
number of livestock over the age of six moths permitted on the property for the property
at 1405 Tolman Creek Road.
Attached are Findings, Conclusions and Orders which include a statement of the criteria
for a variance; a description of the facts and an explanation of the rationale used in
making the decision. Chapter 18.108 of the Ashland Land Use Ordinance requires the
Council to make findings for a decision on an appeal of a Planning Commission decision.
Recommendation
Staff recommends the City Council adopt the attached Findings, Conclusions and Orders.
.'
BEFORE THE ASHLAND CITY COUNCIL
JACKSON COUNTY, OREGON
January 6, 1998
IN THE MATTER OF PLANNING ACTION #97-085, REQUEST FOR A
VARIANCE TO INCREASE THE NUMBER OF LIVESTOCK, OVER THE
AGE OF SIX MONTHS, PERMITTED ON THE PROPERTY.
SPECIFICALLY, THE REQUEST IS FOR 15 LlAMAS OVER THE AGE
OF SIX MONTHS, RATHER THAN 10 LlAMAS AS REQUIRED BY
ORDINANCE, FOR THE PROPERTY AT 1405 TOLMAN CREEK ROAD.
FINDINGS,
CONCLUSIONS
AND ORDERS
APPLICANT:
Sherry Johnston
RECITALS:
1) Tax lots 308, 314, 316, 317, 400 and 501 of 391E 23BA is located at
1405 Tolman Creek Road; Single-Family Residential.
2) The applicant is requesting a variance to increase the permitted
number of livestock over the age of six months on the property. Under
the Ashland Land Use Ordinance and based on the aggregate size of six
tax lots, the subject property is permitted to have a maximum of 10
llamas over the age of six months. The proposal involves a variance to
increase the number of livestock, over the age of six months, per acre.
Specifically, the request is to permit 15 Llamas, over the age of 6
months, to reside on property rather than a total of 10 as required by
ordinance. Site improvements and supporting documents are on file at the
Community Development Department.
3) The criteria for Variance approval are found in the Variance
Chapter 18.100 and are as follows:
(1) That there are unique or unusual circumstances which apply to this
site which do not typically apply elsewhere.
(2) That the proposal's benefits will be greater than any negative
impacts on the development of the adjacent uses; and will further the
purpose and intent of this ordinance and the Comprehensive Plan of the
City.
(3) That the conditions or circumstances have not been willfully or
purposely self-imposed.
4) The Council, following proper public notice, held a Public Hearing
on December 16, 1997, at which time testimony was received and exhibits
were presented. The Council denied the application as presented, noting
that the application failed to meet the required criteria for approval
of a Variance described in 18.100.
Now, therefore, the Council of the City of Ashland finds and concludes
as follows:
'.
SECTION 1. EXHIBITS
For the purposes of reference to these Findings, the attached index
of exhibits, data, and testimony will be used.
Staff Exhibits lettered with an "SO
Proponent's Exhibits, lettered with a "PO
Opponent's Exhibits, lettered with an "0"
Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an
lIMIl
SECTION 2. CONCLUSORY FINDINGS
2.1 The Council finds that it has received all information
necessary to make a decision based on the Staff Report, public
hearing testimony and the exhibits received.
2.2 The Council finds that the proposal to increase the number of
livestock allowed per acre on the property does not meet all
applicable criteria for a Variance as described in the Variances
Chapter 18.100. Specifically, the request is to allow 15 Llamas to
reside on the property, rather than 10 as required by the
ordinance.
2.3 The Council finds that the proposal does not met the following
Variance approval criteria:
(1) That there are unique or unusual circumstances which apply to
this site which do not typically apply elsewhere.
The application states that the site is unique because the property
is an undeveloped area on the urban edge, and has historically been
used as a ranch with an irrigated pasture. The Council finds these
characteristics are not unique to the subject property. There are
several similar undeveloped properties identified on the City's
vacant lands inventory and located on the urban edge of Ashland
that have been used for grazing purposes. The Council finds no
evidence of physical characteristics unique to this site alone that
are not associated with other similar properties within the city
limits.
(2) That the proposal's benefits will be greater than any negative
impacts on the development of the adjacent uses; and will further
the purpose and intent of this ordinance and the Comprehensive Plan
of the City.
The application asserts that the impact of raising llamas is not as
great as the impact of other livestock such as cattle or horses,
because llamas use "'communal'" locations for dropping feces and
urine which can be controlled and removed. Testimony was received
in writing and at the public hearing from a llama breeder and
.
~
neighbors saying that the llama droppings do not create an odor.
Testimony was also received in writing and at the public hearing
from neighbors who asserted the llama droppings do create an odor.
The Council finds the applicant has not met the burden of proof in
demonstrating that the negative impact associated with llama
droppings does not increase proportionally with the number of
llamas. Consequently, the Council finds that the negative impact
caused by the odor of Llama droppings worsens with increased
numbers of Llamas. Accordingly, the Council finds the applicant has
not demonstrated how the benefits of allowing more llamas on the
property outweigh the negative impacts upon the future development
of any adjacent properties.
SECTION 3. DECISION
3.1 Based on the record of the Public Hearing on this matter, the
Ashland City Council concludes that the proposal to increase the number
of livestock allowed per acre on the property is not supported by
evidence contained within the record. Specifically, the application
fails to meet the criteria for approval of a Variance described under
18.100.020 A and B.
Therefore, based on our overall conclusions, we deny Planning Action
#97-085.
Mayor
Date
MEMORANDUM
To:
From:
Subject:
Mayor and City Council
Jill Turner, Director of Finance
Rocky King's Twenty Five Years of Service
December 31, 1997
Rocky was first employed with the City of Ashland as a temporary worker in May
1971 in the' Cemetery Department. He continued to work for Cemetery and Public
Works! Water Department as seasonal and relief help until he was hired by the
Water Department as a Utility Worker 1 on January 1, 1973. AI Alsing was the
department head at that time.
Rocky.survived his probationary period and was given permanent City employee
status on July 1, 1973 with the whopping salary of $568 per month. He stuck
with the City through layoffs and even when his position was reclassified as
seasonal and relief in 1975. Finally, on September 22, 1975, he was hired by Bill
Toney as a permanent Maintenance Worker for the Cemetery Division, at which
time his salary actually went down two cents an hour to $3.87. He became Lead
Man on July 3, 1986, which earned him an extra 57 cents an hour and many more
headaches. He had this title until February 1996 when he received the new title of
Cemetery Sexton.
Rocky was with the City through the floods of '74 and '97 and has always been
willing to help out in any way that he could.
One of his most recent projects is in assisting with the computerization of the
cemetery records for Ashland, Hargadine, and Mountain View cemeteries, and the
Mountain View and Resthaven Mausoleums. Nobody knows the cemeteries like
Rocky, but maybe with this information on computer, we can come a little closer.
It takes a huge computer program to store all this information and we still won't
have Rocky's understanding of the place I
We Thank Rocky for his 25 year of service.
G:\iill\wp\rocky,doc
it _ .
MEMORANDUM
CITY OF ASHLAND
Department of Public Works
Public Works Administration
DATE:
January 2, 1998
Mayor and City Council C ~
Paula Brown, Public Works Director/City Engineef~ I.'J'
Formation of Westwood Street Ll.D.
TO:
FROM:
RE:
REQUEST:
Staff requests that City Council adopt attached Resolution for the formation of a Local
Improvement District for the improvement of Westwood Street from Orchard Street
southerly 1,300 feet.
BACKGROUND:
At the City Council's regular meeting held Tuesday, December 2, 1997, a request to set
a public hearing for the formation of the Westwood Street Local Improvement District
was granted by City Council by their adoption of Resolution No. 97-40 (copy attached).
Council considered four different assessment options and selected Option 4 for the
Westwood Street proposed L.I.D. (See attached memo and supporting documentation.)
RECOMMENDATION:
Following Public Hearing staff recommends City Council adopt attached Resolution
authorizing and ordering the local improvements for Westwood Street from Orchard
Street southerly 1,300 feet for the Westwood Street Local Improvement District.
Attached:
Resolution
Resolution 97-40
Memo to City Council (November 17, 1997)
(c:\engineer\lid\westadop.mem)
'>
RESOLUTION NO. 98-
A RESOLUTION AUTHORIZING AND ORDERING THE LOCAL
IMPROVEMENTS FOR WESTWOOD STREET FROM ORCHARD STREET
SOUTHERLY 1,300 FEET FOR THE WESTWOOD STREET LOCAL
IMPROVEMENT DISTRICT AND AUTHORIZING THE ASSESSMENT OF THE
COST OF THE IMPROVEMENTS CONSISTING OF CURBS, GUTTERS,
STORM DRAINS, PAVING AND SIDEWALKS AGAINST PROPERTY TO BE
BENEFITTED AND PROVIDING THAT WARRANTS ISSUED FOR THE COST
OF THE IMPROVEMENT BE GENERAL OBLIGATIONS OF THE CITY OF
ASHLAND
RECITALS:
A. The Council has declared by resolution its intention to develop the improvements
described in the above title and in the improvement resolution previously adopted to
assess upon each lot or part of lot benefitted by the improvement its proportional
share of the cost of the improvement; and
B. Notice of such intention was duly given, a public hearing was held and it appears
to the Council that such improvements are of benefit to the City and all property to be
assessed will be benefitted to the extent of the probable amount of the respective
assessments to be levied for the costs.
THE CITY COUNCIL OF THE CITY OF ASHLAND RESOLVES:
SECTION 1. A local improvement district is created and shall consist of all the tax
lots described in the attached Exhibit 'A'. The district shall be called the Westwood
Street Local Improvement District, No. 78.
SECTION 2. The Council intends to make local improvements to provide the
improvements described in the above title. Such improvements will be in accordance
with costs estimated to be $145,900.00 all of which will be paid by special
assessments on benefitted properties. Costs will be allocated based on a percentage
of improvement and will be assessed as specified on the attached Exhibit 'A'.
SECTION 3. Warrants for the interim financing of the improvements shall bear
interest at the prevailing rates and shall constitute general obligations on the City of
Ashland and shall be issued according to the terms and conditions in ORS 287.502 to
287.515 inclusively.
SECTION 4. The assessment imposed upon benefitted properties is characterized as
an assessment for local improvement pursuant to ORS 305.583(4).
SECTION 5. The City Recorder is directed to prepare the estimated assessment .of
the respective lots within the local improvement district and file it in the lien records of
the City.
P AG E 1-(c:engineerllidlweStlid2.Res)
This resolution was read in accordance with Ashland Municipal Code
92.04.090 duly PASSED and ADOPTED this day of
1998.
Barbara C. Christensen, City Recorder
SIGNED and APPROVED this
day of
, 1998.
Catherine M. Golden, Mayor
Approved as to form:
Paul Nolte, City Attorney
PAGE 2-(c:engineerllidlwestlid2.Res)
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RESOLUTION NO. 97- 10 ~
A RESOLUTION OF INTENTION TO PROVIDE FOR IMPROVEMENTS "'"'j
TO WESTWOOD STREET CONSISTING OF CURBS, GUTTERS, ~
SEWERS, STORM DRAINS, PAVING AND SIDEWALKS AND
SETTING A PUBLIC HEARING.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. It is the intention of the Council to undertake the improvement described
as follows:
Improvements to Westwood Street consisting of paving, curbs, gutters, sewers,
storm drains and sidewalks.
SECTION 2. The description of the boundaries of the local improvement district to be
assessed for this improvement is:
All those lots accessing off Westwood Street from Orchard Street southerly
1,300 feet as depicted on the map attached to Exhibit A.
SECTION 3. The amount of the estimated cost of the improvement made by the city
engineer and the proposed allocation of the cost among the owners of the properties
to be specially benefitted is: $125,900.00
Such improvements will be in accordance with costs estimated to be
$125,900.00 of which all will be paid by special assessments on benefited
properties. Costs will be allocated as shown on attached Exhibit 'B'.
SECTION 4. The council will hold a public hearing in the Council Chambers, Ashland
Civic Center, 1175 East Main Street on January 6th, 1998, at 7:00 p.m., at which time
and place the owners of the benefited properties may appear or submit written
comments prior to or at the hearing as to why the improvement should not be
constructed or why the benefited properties should not be assessed in the manner
proposed.
SECTION 5. The city recorder is directed to serve notice to the property owners by
publishing a notice of the public hearing once in the Daily Tidings, not less than 30
days prior to the hearing, and by mailing copies of the notice by first class mail to the
owners of each lot benefited by the proposed improvement as shown on the latest tax
and assessment roll. The notice shall be in the form of Exhibit "A" attached to this
resolution.
PAGE 1-(c:engineerllidlwestwodl.Res)
/0
.. .
This resolution was read by title only in accordance with Ashland Municipal Code
!i2.04.090 duly PASSED and ADOPTED this ~ day of ~, 1997.
~ /JI. ~~
Barbara P1 Christensen, City Recorder
SIGNED and APPROVED this --3 day of 4~ , 1997.
~~Av&<--
Catherine M. Golden, Mayor -
(p:forms\Jid 1.res)
PAGE 2-(c:engineerllidlwestwodl.Res)
.
EXHIBIT "A"
NOTICE OF PUBLIC HEARING
The City Council of the City of Ashland will meet on January 6th, 1998 at 7 p.m. in the
Council Chambers, 1175 East Main Street, to hold a public hearing to consider the
formation of a local improvement district as follows:
NATURE OF THE IMPROVEMENT: To improve Westwood Street from Orchard Street
southerly 1,300 feet with paving, curbs, gutters, sewer, storm drains and sidewalks.
BENEFITED PROPERTY: All those lots accessing off Westwood Street from Orchard
Street southerly 1 ,300 feet as depicted on the attached map.
ESTIMATED COST: The estimated cost of these improvements is $125,900.00, all of
which will be paid by special assessments on benefited properties. The specific
proposed assessment for each lot is contained on the attached exhibit.
Additional information regarding the proposed improvement or method of assessment
may be obtained at the Engineering Division, 27'12 North Main, Ashland, OR, phone
number 488-5347, weekdays during the hours of 8:00 am to 4:30 pm.
All affected property owners may appear at the hearing or submit written comments
prior to or at the hearing, as to why the street should not be improved or why the
benefited properties should not be assessed in the manner proposed. If two-thirds of
the property owners to be benefitted object to the improvement, the improvement will
be suspended for six months.
PAGE 3-(c:enginee"Hdlweslwodl.Res)
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MEMORANDUM
CITY OF ASHLAND
Department of Public Works
Public Works Administration
DATE:
November 17, 1997
TO:
Mayor and City Council
FROM:
Paula Brown, Public Works Director/City Engineer
RE:
Set Public Hearing Date for the Proposed Formation of Westwood
Street Ll.D.
REQUEST:
Staff recommends that City Council set a Public Hearing for the formation of a Local
Improvement District for the improvement of Westwood Street from Orchard Street
southerly 1,300 feet. It is recommended that the Public Hearing be set for January 13,
1998.
BACKGROUND:
Ms. Anna Hassell has for many years owned a large eight (8) acre parcel of land at the
end of Westwood Street. In 1994, in response to a request by the Engineering Division,
Ms. Hassell agreed to deed a right-of-way for the extension of Westwood Street. With
the acceptance of this deed Westwood Street was legally connected through from
Orchard Street to Strawberry Lane. The right-of-way was essential not only to complete
a much needed access corridor but also to allow connection of the newly built Fallon
Water Reservoir to the Thornton/Prim/Skycrest area. With this connection completed,
the long imposed Northwest Area Water Moratorium was lifted. The negotiation for this
deed derived a somewhat unusual consideration. In exchange for the right-of-way and
easements, Ms. Hassell was granted two water and sewer services as well as a
deferment against future street improvement assessments for Westwood Street. Under
this agreement no assessments could be collected from lots 901 and 902 until they are
sold.
With the completion of two (2) land partitions, Ms. Hassell's further development was
limited by the required creation of a subdivision. Ms. Hassell has received subdivision
outline approval with final plan approval pending. The improvement of Westwood Street
was addressed with the usual options. The developer can form an assessment district
for the improvement of the street or pay for the street improvement in full as part of the
PAGE 1- (c:engineer\lid\westpubh.Mem)
.
development cost. Ms. Hassell has elected to pursue the former option and has
circulated improvement petitions amongst her neighbors.
PETITION RESULTS:
As currently arranged, the proposed assessment district is composed of 15 lots with two
(2) lots (lots 901 & 902) to be further divided into seven (7) more lots. Of the fifteen lots
10 are represented in favor of the improvements on the petitions, comprising sixty-seven
percent (67%) of the total.
The owners of the lots in the interior of the Gross Heights Subdivision, with frontage on
Nyla Lane, have provided a letter (see attached) protesting the inclusion of these lots
into the district. Several options for distribution of assessments are presented on page
3 in an effort to address the concerns of the four (4) owners of the five (5) lots fronting
on Nyla Lane.
ASSESSMENT POTENTIAL:
The formation of assessment district boundaries is often a source of dispute as staff and
owners weigh the benefits of the future street improvements to the various lots in the
district. Westwood Street is no exception as several conditions combine to make this
a very unique assessment district. In this instance the question of benefit is addressed
not only in the formation of the district but also in the allocation of assessment costs.
For example, much of the property on the east side of Westwood Street (lots 100 & 102)
was not included in the district. Because of the extremely deep ravine, physical access
would not be possible from Westwood Street, and benefit was considered negotiable.
As with previous L.I.D.'s the inclusion of lots that have no actual frontage on the street
to be improved is a matter of discussion. Whether or not the interior lots of the Gross
Heights Subdivision should be included in the district or included at a reduced rate is a
decision yet to be made and is further addressed with four (4) options to be considered.
NATURE OF IMPROVEMENT
It is proposed that the northerly 1,300 feet of Westwood Street be improved to full City
standards including curbs, gutters, storm drains, paving and sidewalks.
The street will be 22 feet wide with concrete curb and gutters on both sides. A single
4-foot wide sidewalk is proposed for the west side of the street. Additional 12-inch storm
drain lines and curb inlets will also be included.
It will also be necessary to construct approximately 580 feet of sanitary sewer pipeline
to provide for future service connections and for a sewer extension to properties further
to the south. The portion of the assessment pertaining to the sewer construction
($20,000+) will be allocated only to the Hassell properties (lots 901 & 902 only), since
all other lots currently have sewer services.
PAGE 2 - (c :engineer\lid\westpubh.Mem)
ASSESSMENT RATES:
In an effort to bear the heaviest burden of the development cost Ms. Hassell has
devised, with assistance from her neighbors, a sliding scale method of assessment. The
future subdivision (Lots 901 & 902) development would be assessed at over two thirds
(2/3) of the total cost with the remaining assessment set according to the potential length
of usage of Westwood Street. The lots at the extreme northerly end of the street, who's
owners theoretically use a lesser portion of the street, would be assessed less. The lots
at the southerly end who's owners must travel the full length of the street to Orchard
Street would be assessed more. The Hassell Subdivision is at the extreme southerly
end of the street and would receive the highest assessment. The owners who have
signed petitions have indicated the amounts that they would be willing to pay. These
rates would be fixed regardless of the actual final costs. Any difference would be made
up from lots 901 & 902.
The lots fronting on Nyla Lane provide the only variable to this formula. Since they have
no actual frontage on the street the owners feel that they should be exempted from the
district. However, since Nyla Lane exits onto Westwood Street, and all residents on Nyla
must travel approximately one fourth (%) of the total Westwood Street length, it can be
argued that some benefit has been derived. Following are some options that have been
developed for Council consideration. All options were based upon an estimated cost of
$125,900.
OPTION NO. 1. This option assumes that five (5) lots on Nyla Lane derive
approximately one half('/2) of the benefit of those lots fronting on the street
near the intersection of Nyla Lane and Westwood Street.
OPTION NO. 2. This option assumes that the five lots on Nyla Lane are
exempted from the district entirely. The additional cost burden would bear
upon lots 901 & 902. This method places an extremely heavy burden upon
lots 901 & 902, at over seventy-seven percent (77%) of the total cost.
OPTION NO. 3. This option reduces the assessment for the five (5) lots
on Nyla Lane to approximately twenty-five percent (25%) of those lots
fronting on Westwood Street near the intersection of Nyla Lane. Again the
additional costs are apportioned to lots 901 & 902.
OPTION NO. 4. This option includes City participation in the assessment
of the five (5) lots on Nyla Lane. In this option the $1,800 assessment rate
for each lot would be split between the individual owner and the City, with
each paying $900. The remaining lots would be assessed the same as
Option No. 1.
SUMMARY:
The formation of this assessment district is a radical departure from classic methods of
assessment used in the past. This is a good example of a developer working closely
PAGE 3- (c:engineer\1id\westpubh.Mem)
with the neighborhood to form an equitable and agreeable assessment rate. The rates
established do not conform to any neat mathematical formula but instead are costs that
have been agreed upon by the participants.
Unfortunately 100% agreement was not possible in this instance and some decisions
must be made in relation to the five (5) lots on Nyla Lane.
RECOMMENDATION:
Staff recommends that Council set a Public Hearing for this Local Improvement District
for the second City Council meeting to be held in January, 1998. Staff further
recommends that Council accept either Option No. 1 or Option No. 4 as the accepted
assessment rate.
Attached: Vicinity Map
Map of Proposed Assessment District
Petitions
Letter From Nyla Lane Residents
Proposed L.I.D. Costs, Options 1-4
Resolution
Construction Estimate
Ownership List
Petition Summary
PAGE 4— (c:engineer\lid\weerpubh.Mem)
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I N I M I It I In I fD I n 1 00 1 Q1 I
ORCHARD 3'
301 201 203 200 ® i93
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(Proposed District ]Boundary s M a M M +
Limit of Improvements mum= I Y
L4
i1q I
NOV 1 0 1 ,W
CiTY C.'
LOCATION to WOAD STREET ........
..................... ............. .........
Recenve,d by City Etn:q.L ne,-er. ......... ...................-.............. ..........
..................
NOTICE TO 5''ST7TI'DNERS: Fersorzs
siqniTjq this pet tin ; rust. be le-Sal
owners of record, or Purchasers in possession under a recorded land
sale contraect of real property abutting the proposed street
improvenme!nt. Tf tLtle tA-3 any parcel of property is in the name of two
or mor(-.-2, persorns., a: I must S;19!lvl. •etitionei-s should s;ar, using their
name-.-!s as tliey appear on the records of ownership.
TO THE HONORABLE MAYOR AND ConMON COUNCIL OF THE CITY '---F AS ;LAND,
We, the undersiqne• owners of record of real property in the City of
Ashland, Jackson 7 C0U.ntV/, Greq-on, hereby petition that:
Westwood Street, from t'he South boundary of Writ-wo-od Sui-divisic-t-t
north t.o Crcl-,.ard Street, Ibe improved with paving, curbs, gutters,
storm drains and sidewalks (on one side.-) in accor-'ance with plans
and specifications as shtall be adopted by the City of Ashland,
and the cost of Such paving and improvements be assessed upon the
real property benefitted thereby, and that we are the owners of
the real property fe-onfing (or benefitting on said street) ;
and fur th-er petition that-
..In tJtae eve-it street improvements become a citywide
responsibility, the neighbors in the Westwood Subdivision LID
will. be, relieved of payments to the district. "
NAME ADDRESS T X _L07
tcn� �ii�.r_._/Fl3
(i)A77gz
..........
4'd1.P
............- .................. ..................
........... .......-........... .............-.........
...........
............. ..
........ ... ....... .......... . ...... ........
Darlyn Adams
189 Westwood St.
Ashland, OR 97520
Anna Hassell
25 Westwood St.
Ashland, OR 97520
October 23, 1997
Dear Anna,
The Westwood Neighbors group met on the evening of October 22 to
discuss your letter of October 11. We appreciate your efforts to find a
mutually acceptable funding plan for Westwood Street paving, and share your
desire to reach a conclusion to this process. Accordingly, we have agreed to
contribute a total of$20,000 towards the project, divided as follows: Adams,
Fallon, Sugar, Eaton, and Barracelli/Zakis, $3,500 each; Huggins, $2,500.
This offer is made with the understanding that items #4, #7, and #9 of your
October 11 letter will be valid.
If this is acceptable to you, please contact me at 488-5416 to discuss
the next step.
Sincerely,
Darlyn A ams
for Westwood Neighbors
PETITION FOR STREET IMPROWUNT
NOY 1 0 W
LOCATION....-- _WESTWOOD STREgj___._,
Received by City .............
NOTICE 70 PETITIONERST persons siSnIng this petition must be legal
owners of recovs, or purc"asers in possession under a recorded land
sale contract of real property abutting the proposed street
improvement. T title to any parcel of property is in the name of two
or more persons, all must sign. Petitioners should sign using their
names as they appear on the records of ownership.
TO THE HONGRABILE MAYOR AND COMMON COUNCIL OF T]HE CITY OF ASHLAND :
We, the undersigned owners of record of real property in the City of
Ashland, Jackson County, Cregon, hereby petition that:
Westwood Street, from the south boundary of Westwood Subdivision.
nortFh to Orchard Street, be improved with paving, curbs, gutters,
storm drains and sidewalks (on one side) in accordance with plans
and specifications as shall be adopted by the City of Ashland,
and the cost of such paving and improvements be assessed upon the
real property benefitted thereby, and that we are the owners of
the meal property fronting (or benefitting on said street) ;
and further petition that:
T
.IT) t1he, event street improvements become a citywide
responsibility, the neighbors in the Westwood Subdivision LIE)
will be relieved of payments to the district. "
AN� E ADDRESS TAX LOT
...........- ......-
.......... .........- ........ ......
...............
................... ........... ......
.............................. .........
................ ... ...........
............- ....... ..........
` . ^
PETITION FOR STREET IMPROVEMENT
LOCATION WESTWOOD STREET
Received by City Engineer-_ at
NOTICE TO PETITIONERS: Persons signing this petition must be legal
owners of record, or purchasers in possession under a recorded land
sale contract of real property abutting the proposed street
improvement. If title to any parcel of property is in the name of two
or more persons, all must sign. Petitioners should sign using their
names as they appear on the records of ownership.
TO THE HONORABLE MAYOR AND COMMON COUNCIL OF THE CITY OF ASHLAND:
We/ the undersigned owners of record of real property in the City of
Ashland, Jackson County, Oregon, hereby petition that:
Westwood Stree / from Strawberry Lane north to Orchard Street, be
improved with paving, curbs/ gutters/ storm drains and sidewalks
(on one side) in accordance with plans and specifications as
shall be adopted by the City of Ashland, and the cost of such
paving and improvements be � assessed upon the real property
benefitted thereby, and that we are the owners of the real
property fronting (or benefitting on said street) ;
NAME ��D R,E S=�S TQ_�
VI)
13 91 -Flo 9167q 71 fal-yo�
��...'�� ^'� ^'...����������������������`����
RKTITION ffOR %TR@'9T TMRRQV9M9NT NOV
,
LOCATION WESTWOOD STREET ci T Y CF A S H L/',N D
Received by City Engineer Date
NOTICE TO PETITIONERS: Persons signing this petition must be leqal
owners of record, or purchasers in possession under a recorded land
sale contract of real property abutting the proposed street
improvement. If title to any parcel of property is in the name of two
or more persons, all must sign. Petitioners should sign using their
names as they appear on the records of ownership.
TO THE HONORABLE MAYOR AND COMMON COUNCIL OF THE CITY OF ASHLAND:
We, the undersigned owners of record of real property in the City of
Ashland, Jackson County, Oregon, hereby petition that:
Westwood Street, from the south boundary of Westwood Subdivision
north to Orchard Street, be improved with paving, curbs, gutters,
storm drains and sidewalks (on one side) in accordance with plans
and specifications as shall be adopted by the City of Ashland,
and the cost of such paving and improvements be assessed upon the
real property benefitted thereby, and that we are the owners of
the real property fronting (or benefitting on said street);
and further petition that:
"In the event street improvements become a citywide
responsibility, the neighbors in the Westwood Subdivision LID
will be relieved of payments to the district. "
NAME ADDRESS TAX LOT
3"s-0 2,71r Oq 04-boy
- z 6 &0 21- e2(D[
c4 3
1-7-7 D 20S--fiA-:
-11 vAo4y�
2-1
.......................................
.................................................... ....................... ................................ —------
..........................I................................... .............---------------------- ........
.............I I ................ -1-1-1 --.-....--------.......... .......................
i
IU: NOV -
Darlyn Adams L- CITY ^ •'> : . _. ',`:D I
189 Westwood St. `— I
Ashland, OR 97520 T\Y \;
Anna Hassell
25 Westwood St.
Ashland, OR 97520
October 23, 1997
Dear Anna,
The Westwood Neighbors group met on the evening of October 22 to
discuss your letter of October 11. We appreciate your efforts to find a
mutually acceptable funding plan for Westwood Street paving, and share your
desire to reach a conclusion to this process. Accordingly, we have agreed to
contribute a total of$20,000 towards the project, divided as follows: Adams,
Fallon, Sugar, Eaton, and Barracelli/Zakist$3,500 each; Huggins, $2,500.
This offer is made with the understanding that items #4, 97, and 49 of your
October 11 letter will be valid.
If this is acceptable to you, please contact me at 488-5416 to discuss
the next step.
Sincerely,
Darlyn A ams
for Westwood Neighbors
No&e: RS 0� 4-kevvte(n,'vL1 of toI2y , we Imo,.e- bee,-)
vno�ble -+a
n �
I. NOV - 5 IQw7 iJ i
i
November 9, 1997 O l 'l !
v_.
The Honorable Cathy Golden NOV 2 1997 �
Mayor of Ashland
20 E. Main St.
Ashland OR 97520 -----------------------
Dear Mayor Golden:
This is to inform you that we,the undersigned, owners of Lots 4, 5, 6, 7 and 8 in the
Gross Heights Subdivision, will not participate in paying for the paving of Westwood
Street.
On August 12, 1980, subdivision owners,Vernon and Nyla Gross, signed planning action
#79-80, dated July 11, 1979, which was based on discussion with and approval by the
city council. This planning action binds only the owners of lots 1 and 2 on Orchard Street
and lots 3, 9 and 10 on Westwood Street to participate in a propotionate payment of the
costs associated with street improvements.
We, the owners of subdivision lots 4, 5,6, 7 and 8 on Nyla Lane,have paid our full share
of street improvement costs by paying the full cost of street improvements on Nyla Lane.
Please keep us informed of any discussions related to this issue.
Thank you.
Sjne ely v �
�I sir(? j • !ti• y� ��r° (— J�
Robert and Sigrid Connard Vernon anXa Yss
570 Nyl ane(Lot 4) 585 Nyla Lane (Lot 7
Abe and Cynthia Mish William Hershman&Katharine Danner
600 Nyla Lane (Lots 5 &6) 575 Nyla Lane, (Lot 8)
cc: John McLaughlin,Planning Director
Paula Brown, Public Works Director
Anna Hassell&Janos Markus,25 Westwood St.
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RESOLUTION NO. 97-
A RESOLUTION OF INTENTION TO PROVIDE FOR IMPROVEMENTS
TO WESTWOOD STREET CONSISTING OF CURBS, GUTTERS,
SEWERS, STORM DRAINS, PAVING AND SIDEWALKS AND
SETTING A PUBLIC HEARING.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. It is the intention of the Council to undertake the improvement described
as follows:
Improvements to Westwood Street consisting of paving, curbs, gutters, sewers,
storm drains and sidewalks.
SECTION 2. The description of the boundaries of the local improvement district to be
assessed for this improvement is:
All those lots accessing off Westwood Street from Orchard Street southerly
1,300 feet as depicted on the map attached to Exhibit A.
SECTION 3. The amount of the estimated cost of the improvement made by the city
engineer and the proposed allocation of the cost among the owners of the properties
to be specially benefitted is: $125,900.00
Such improvements will be in accordance with costs estimated to be
$125,900.00 of which all will be paid by special assessments on benefited
properties. Costs will be allocated as shown on attached Exhibit 'B'.
SECTION 4. The council will hold a public hearing in the Council Chambers, Ashland
Civic Center, 1175 East Main Street on January 6th, 1998, at 7:00 p.m., at which time
and place the owners of the benefited properties may appear or submit written
comments prior to or at the hearing as to why the improvement should not be
constructed or why the benefited properties should not be assessed in the manner
proposed.
SECTION 5. The city recorder is directed to serve notice to the property owners by
publishing a notice of the public hearing once in the Daily Tidings, not less than 30
days prior to the hearing, and by mailing copies of the notice by first class mail to the
owners of each lot benefited by the proposed improvement as shown on the latest tax
and assessment roll. The notice shall be in the form of Exhibit "A" attached to this
resolution.
PAGE 1-(c:engineeN1dtwestwod1.Res)
This resolution was read by title only in accordance with Ashland Municipal Code
§2.04.090 duly PASSED and ADOPTED this day of 1997.
Barbara C. Christensen, City Recorder
SIGNED and APPROVED this day of 1997•
Catherine M. Golden, Mayor
(plormsVid l xes)
PAGE 2-(c:engineerUid\westwod1.Res)
Street Construction Cost Estimate
Westwood Street
From Orchard to 000 Feet South
Item No. Item Units Unit Price Amount
I Site Work s LS $10,125.00
2 General Excavation 675 CY $ 15.00 $10,125.00
&Grading
3 Curb&Gutter 2,700 LF $ 7.00 $18,900.00
4 4' Sidewalk 1,350 LF $ 12.00 $16,200.00
5 A.C. Paving 477 T $ 45.00 $21,465.00
6 3/4"-0 Crushed Rock 700 CY $ 15.00 $10,500.00
7 Curb Inlet 6 each $700.00 $ 4,200.00
8 12" Storm Drain Pipe 92 LF $ 18.00 S 1,656.00
9 Adjust Water 6 each $200.00 S 1,200.00
Valve Boxes
10 Survey Centerline 4 each $250.00 1,000.00
Monument Boxes
Subtotal: $95,371.00
20%Engr&Adm.: $19 074.00
Subtotal: $114,445.00
10% Contingencies: $ 11.445.00
Estimated Total Project Cost: $125,900.00
6/6/96
DBH
Rev. 6/27/96
Westwood Street
Local Improvement District
Property Owner List
Map & Tax Lot No. Street Address Property Owner
Name & Address
1 39-1 E-0813A TL 200 485 Orchard Street Rodene G. Huggins
485 Orchard Street
ASHLAND OR 97520
2 39-1 E-08BA TL 204 189 Westwood Street Paul C. & Darlyn Adams
189 Westwood Street
ASHLAND OR 97520
3 39-1 E-08BA TL 205 570 Nyla Lane Robert & Sigrid Connard
570 Nyla Lane
ASHLAND OR 97520
4 39-1 E-0813A TL 206 600 Nyla Lane Abe & Cynthia A. Mish
600 Nyla Lane
ASHLAND OR 97520
5 39-1 E-08BA TL 207 600 Nyla Lane Abe & Cynthia A. Mish
600 Nyla Lane
ASHLAND OR 97520
6 39-1 E-08BA TL 208 585 Nyla Lane Vernon J. & Nyla Gross
585 Nyla Lane
ASHLAND OR 97520
7 39-1 E-08BA TL 209 575 Nyla Lane William Hershman
Katharine Donner
575 Nyla Lane
ASHLAND OR 97520
8 39-1 E-08BA TL 210 183 Westwood Street Mary D. Fallon
183 Westwood Street
ASHLAND OR 97520
9 39-1 E-08BA TL 211 177 Westwood Street David G. Sugar
Skye Gunsolus Sugar
177 Westwood Street
ASHLAND OR 97520
10 39-1 E-08BA TL 700 155 Westwood Street Mary W. Eaton
155 Westwood Street
ASHLAND OR 97520
PAGE 1-(c:engineeNid%weslwood.0wn)
11 39-1 E-08BA TL 800 145 Westwood Street Mark A. Barrcelli
Kelly M. Zokis
145 Westwood Street
ASHLAND OR 977520
12 39-1 E-08BA TL 900 135 Westwood Street Charles Schulman
135 Westwood Street
ASHLAND OR 97520
13 39-1 E-08BA TL 901 130 Westwood Street Janos Markus
Anna Hassell
- 25 Westwood Street
ASHLAND OR 97520
14 39-1 E-08BA TL 902 567 Pinewood Way Janos Markus
Anna Hassell
25 Westwood Street
ASHLAND OR 97520
15 39-1 E-08BA TL 903 580 Pinewood Way Gregory D. & Mariko O.
Moore
1082 Belleview Avenue
ASHLAND OR 97520
PAGE 2-(c:engineeNldtwestwood.Own)
N ° r
Westwood Street
Petition Summary
Map & Tax Lot No. Address Petition Pre-paving
Response Agreement
1 39-1 E-08BA TL 200 485 Orchard Street Yes No
2 39-1 E-08BA TL 204 189 Westwood Street Yes Yes
3 39-1 E-08BA TL 205 570 Nyla Lane No No
4 39-1 E-08BA TL 206 600 Nyla Lane No No
5 39-1 E-08BA TL 207 600 Nyla Lane No No
6 39-1 E-08BA TL 208 585 Nyla Lane No No
7 39-1 E-08BA TL 209 575 Nyla Lane No No
8 39-1 E-08BA TL 210 183 Westwood Street Yes Yes
9 39-1E-08BA TL 211 177 Westwood Street Yes Yes
10 39-1E-08BA TL 700 155 Westwood Street Yes No
11 39-1 E-08BA TL 800 145 Westwood Street Yes No
12 39-1 E-08BA TL 900 135 Westwood Street Yes No
13 39-1 E-08BA TL 901 130 Westwood Street Yes No
14 39-1 E-08BA TL 902 567 Pinewood Way Yes No
15 39-1 E-08BA TL 903 580 Pinewood Way Yes No
CITY OF ASHLAND ° °"
Department of Community Development v e
Planning Division
MEMORANDUM GaEGO� ."
M
DATE: January 6, 1998
TO: Honorable Mayor and City Council
FROM: John McLaughlin, Director of Community Development
RE: Westwood LID, Nyla Lane agreement
Councilor DeBoer asked that you be provided a copy of the agreement signed at the
time Nyla Lane was developed as a subdivision back in 1980. That agreement is
attached to this memo.
This is the agreement referred to by the Nyla Lane neighbors in their letter, dated
November 9, 1997 and included in your packet.
A-,F--E':FNT
Owner Vernon J. Gross Address 485 Orchard Street Ashland. OR
Owner Nvla J Gross Address 485 Orchard St. . Ashland. OR
Property 813A 200
Twe. Range Section Assessor's Map k Tax lot k(s)
Street Address Lots 18 2 on Orchard SifSefU
t+. �L+ots 3 9 10 on Westwood St.Ashland Oreaon
k GROSS HEIGHTS SUBD IV N
Planning Action 79-90 Subdivision 7-11-79
/' Type Date
As the owner(s) of the property listed above, we hereby consent to the following
improvements, dedications, or other actions as required by the City of Ashland, and agree
to bear the proportionate payment of associated costs. This agreement is to be binding
upon myself/ourselves, my/our heir(s), executors, and assigns and it is my/our express
intention that this agreement shall run with the land, so that fulfillment of the items
listed below shall be bindinq upon future owners of the property.
Improvement, Dedication, or Other Action:
lot s i 9 and n on Westwood St of Gcoss Height Heightg S hr1' nrl d' g pavemant
curb and gutter and sidewalkq
cater �o
ignature ll//
-IizIre
Sian ture Date
Sate o`. Orecor' )ss.
County o' Jackson).
On this 1a 6%day Of 19&, before me, the undersicned, a Notary
Public in and for said County and State, personally appeared the within named
Vernon 1. Gcoss add IN]a I. ("rOss
who are;is :.nown to me to be the identical individual (s) described in and who executed ;
within ins..r::ment, and acknowledged to me that he/she/they executed the same freely ano
colun;aril� .
In lestinony whereo', I have hereunto set my hand and seal the day and year last above
written. =PUBL,C — Notary Public for Oreoon
N
Date my commission expires.
570 Nyla Lane
Ashland, OR 97520
January 6, 1998
To: Mayer Catherine Golden R< ' City Council Members
From: Robert J. .Connard
. Sub.j: FORMATION OF LOCAL IMPROVEMENT DISTRICT- WESTWOOD STREET "
The NOTICE OF-'PUBLIC HEARING to consider the formation of
subject Local Improvement District was received 12/05/97. The last
paragraph refers to "benefited properties" to be included and assessed.
Nyla Lane, a paved cul-de-sac , abuts Westwood Street and access to
Orchard Street is acknowledged. "However , " in the rush to include Nyla
Lane in the Westwood LID the City of Ashland has conveniently forgotten
the contract made with the developer , Vernon Gross, in 1979.
Briefly, Mr Gross was required by Planning to sign in favor of
future improvements to Westwood Street for building lets 3-9-and 10.
Mr . Dick Wanderscheid indicated to, Mr Gross that the purchasers of
those lots would be required to sign in favor of any future assessment
district improving the street and that the condition goes with the
land. Mr Gross was further informed that he would have to sign the
Agreement (contract ) , it would have to be notarized and filed with :the
County Recorder .
On July 12, 1979 Mr Dick Wanderscheid wrote a memo to Mr Gross
that all Ashland Planning Commission requirements had been met .
Now lets FAST FORWARD to the present . Developer , Ms Anna
Hassell /Janos Markus wish to sub-divide. However , the City of Ashland
requires the developer to have Westwood Street ^improved. Hence, - the
LID proposal being addressed this. "evening.
Wirth Westwood Street required to be improved with Ms Hassell ' s
sub-division, and Mr Gross' s Agreement (Contract .) with the City of
Ashland- being met for building lots 3-9- and 10 fulfilling the
obligations of their encumbered title with the improvement, it cannot
now be said that five (5) lots developed byMr - Gross on Nyla Lane
are " benefited". Access to Orchard Street would now be provided
without involvement of Nyla'Lane property owners in' the 'proposed LID.
-It -may be appropriate in this situation for the Mayor to seek:
outside expert legal advice prior tc, the inclusion of Nyla Lane lot
owners in the prcposed. LID as- "benefited" property "owners.
- It is requested this covering letter and attached pages
numbered one thru twelve be made an attachment to the Official printed
minutes of this proceeding.
Respectfully,
P..c ber J. Connard
,or Registered - Area Code 503
• Wash - Nevada - 482-4710
SWAIN SURVEYING, INC.
2715 North Main Street, Suite 9
ASHLAND, OREGON 97520
June 20, 1979
Ashland Planning Commission
City Hall
Ashland, Oregon 97520
Re: Proposed Gross Heights Subdivision and Variance for Lot-S 1 and 2
Madam Chairperson and Commission Members:
On behalf of my client Mr. Vernon J. Gross, of 485 Orchard Drive, I am hereby
. submitting a "Preliminary Map" for the above stated subdivision, along with a
request for a variance from the requirements of Section 17.08.040, Sub-section
"A" of TITLE 17 SUBDIVISIONS, wherein a lot must be 100 feet in width if the
length of said lot.exceeds 150 feet. I will address the "variance requirements"
as follows :
1 ) Finding:
There are exceptional or extraordinary circumstances or conditions
applying to the land, building or use referred to in the application
which circumstances or conditions do not apply generally to land;
buildings or uses in the same district.
Answer:
The "Hill Amendment" to the City of Ashland's Comprehensive Land Use
Plan designated this area as rural residential., up to 2 sites per acre .
The present zoning is R-1 :6-8. Therefore, considering this proposed
subdivision as an entire unit, the lot sizes must be designed considerably
larger than would be necessary in an R-1 :B-8 type subdivision. The front
footage along Orchard Street is limited; therefore, .each lot will be 98.5
feet in width along Orchard Street.. The depth then must exceed the 150
foot limitation in order to acquire the approximate area needed to stay in
the realm of 2 sites per acre. The 100 foot minimum width, as required
by the ordinance, therefore, necessitates that a variance for 1 .5 feet
in width be granted for both lots.
2) Finding:
The granting of the application is necessary for the preservation and
enjoyment of substantial property -rights of the petitioner.
Answer:
Mr. Gross is complying with the area requirement as set forth in the
"rural residential " comprehensive plan designation. If, this variance
of 1 .5 feet for each lot is not granted then he would loose one lot
which would be a considerable financial hardship.
)046 nla
Page 2
3) Finding:
The granting of the application will not, under the circumstances of the
particular case, be outweighted by the adverse effects to the health or
safety of persons residing or working in the neighborhood of the property
of the applicant, and will not, under the circumstances of the particular
case, be materially detrimental to the public welfare or injurious to
property or improvements in said neighborhood.
Answer:
The granting of'this variance will not adversely effect the neighborhood.
The subdivision has more than adequately meet the "rural residential"
classification of the recent revision to the Comprehensive Land Use Plan.
In conclusion , Mr. Gross' proposed subdivision creates lots that are in keeping with
the recent desires of the surrounding neighborhood. The subdivision proposal as
submitted herewith is in compliance with all city. regulations, except for the variance
as hereinabove requested; Therefore, I respectfully request your favorable consideration
and approval of the preliminary map as submitted herewith.
Respectfully submit ed,
u
Swain Surveying, Inc.
Everett L. Swain, Pres.
C.
96za A/Z') z
'LANNING ACTION N79-90
3UBD1VISION
ROSS
APPLICANT'S STATEMENT OF ULTIMATE FACTS AND BASIC FACTS IN SUPPORT:
See attached.
STAFF INPUT:
Applicant is proposing the division of approximately 5 acres into ten lots. Lots
1 and 2 require a subdivision variance as they are in excess of the 150 foot max-.
imum depth as required by the City's Subdivision Ordinance. Westwood Street and
Orchard Street are both unimproved streets. The Public Works Director has written
a memo on this application and it has been included with this staff report. The .
Planning Commission could require sidewalks and/or street trees in the proposed
subdivision if so desired.
Findings are adequate.
RELEVANT COMMENTS FROM THE PUBLIC HEARINGS & COMMISSION DISCUSSION:
Wanderscheid gave the staff report stating that applicant
is proposing the division of approximately 5 acres into 10 lots. Lots
1 and 2 require -a variance as they are in excess of the 150'
maximum depth as required by the City's Subdivision. Ordinance. West-
wood Street and Orchard Street are both unimproved streets. Public
Works memo is included with the staff report. The Planning Cornmissicn
could requrie sidewalks and/or street trees in the subdivision if
so desired. He then described the suggested conditions that concernej
street improvement; utility easement, location, and types; street
trees; and fire hydrant requirements.
1 . Vernon Gross, 189 Westwood, inquired what signing irfavor of
future improvement to Orchard and Westwood really meant. Wander-
scheid stated that owners of those lots would be required to sign
In favor of any future assessment district improving those streets
and the condition goes with the land. The applicant would be requirej,
to sign an agreement which would be notarized and filed with the Cou-.ty
so anyone buying, those lots would be aware they were encumbered with
this condition.
a
i
i . Billings asked applicant whether he was familiar with all
the suggested conditons and whether he was amenable to them.
Gross replied that he was.
2. Billings moved to approve Planning Action k79-90 with
suggested conditions and findings; seconded by Reid.
PAH79-90
page 2
3. Morris asked why the street had not been named and whether
that would he so required.. . Wanderscheid said that it' should have
been named and that 'naming would be required before final plat
approval .
5. Motion as moved passed unanimously. '
CONCLUSICJ OF THE PLANNING COMMISSION:
The Planning Commission concluded that the applicant adequately met the required
burden of proof in support of the assertion of ultimate facts; and that the basic
facts presented by the applicant, staff, . and ,persons speaking at the public hearing
were sufficient reasons in support of the ultimate facts and Commission approval of
Planning Action #79-90 (Subdivision) .
SUGGESTED CONDITIONS:
1. Applicant sign in favor of future street Improvement to Orchard and. Westwood
Streets.
2. That a 10 foot public utility easement be provided along the west property
line of lots 1 ,5,6, and 7, through the' northwest corner of lot 4, and along the
north property line of lo' 5.
3. That all utility locations and types be approved by the City Public Works Department.
4. That the schedule, plans and specification for miscellaneous improvements, bonding,
a and subdivision agreements be approved by the City Public Works Director.
5. That a drainage easement be provided across lots 5, 6, and 7.
6. That the applicant sign in favor of future sidewalks. _
7. That street trees be provided on 36 foot centers.
h
8. That a fire hydrant be installed to the satisfaction of the City Fire Department.
/ 071aL /Vo
S"rAFI- REPORT
July .11 , 1979
APPU CATION: Planning Action #79-90 - Subdivisiorr ( 10 units) and Subdivision Varience
APPLICA:,*! Vernon Gross
LOCAT ION: 4R2 Orchard Street (assessor's map f.: S BA; tax. lot 200)
ORDINIAN( ` REFERENCE: Chapter 17
ZONING: R- 1 :8-8 Singl i-Family Residential
GOr4�IZC1 < i 1:
PLAN: Rural Resident.1 a I
SUK ANilVF:
Applicant is prop.)sing the division of approximately 5 acres l,nto ten lots: Lots
1 and [ require a s.bdivision variance as they are in excess of the 150 foot max-
iml.ml depth ae, required by the City's Subdivision Ordinance. Westwood Street and
Orchard 'Straet 'are both unimproved streets. The Public Works'Director has written
a memo on this application and it has been included with this staff report. The
Planning Go:mlissior, could require sidewalks and/or street 'trees in the proposed
subdivision if so desired.
APPI_I CANT'S STATEMEhi:
See attached.
PROCEOURAL:
Findings are adequate.
SUDG, SIED CONDITIONS:
1 . Applicant sign in favor of future street Improvement to Orchard and Westwood
Streets.
2. That .a 10 foot public utlIIty easement be. provided along the west property
line of lots 1 ,5,5, and 7; through the northwest corner of lot 4, and along the
north property line of lot 5.
3. That all uti-lity locations and types be approved by the City Public Works Depart!r!ent.
r
4. That the schedule, plans and specification for miscellaneous improvements, bonci'ing,
a and subdivision agreements be approved by the City Public Works Director.
5. That a drainage easement be provided across .lots 5, 6, and .7. S
6. Th5f the applicant sign in favor of f:rlure .sidewalks.
7. That street trees be provided on 30 foot centers.
0. That a fire hydrant be installed to-the satisfaction of the City Fire.Dep�rJtment. , /
f A(�L /1li) S
CITY OF ASHLAND '' CITY HALL
l J ASHLAND,OREGON 97520
telephone koae 5031 482-3211
July 12, 1979
Vernon 8 Nyla Gross
485 Orchard Street
Ashland, Oregon 97520
Dear Vernon R Nyla
At its meeting of July 11 . 1979 the Ashland Planning Commission
approved your request 'For Su ivision and Su divi i Varian _ )
for the property at 482 Orchard Streeti
tax lot(s) 200 assessor' s map 8 BA _
Findings of Fact and the Commission' s Orders will follow within two wee KS.
Please note the following circled items:
11 . A final map prepared by a registered surveyor must be submitted within
one year of the date of preliminary approval ; otherwise, approval
becomes invalid.
20 A final plat map prepared by a registered surveyor must be .submitted
within six months of the date of preliminary approval ; otherwise approval
�\ becomes invalid.
U There is a 15-day appeal period which must elapse before a building
���permit may be issued.
D14 . }1II of the conditions imposed by the Planning Commission must be fully
met before an occupancy permit may be issued.
5. Planning Commission approval is valid for a period of one year only,
after which time a new application would have to be submitted .
Please feel free to call if you have any questions.
Sin erely,
Dick Wanderscheid
Associate Planner
PUBLIC HEARING DESCRIPTION: Planning Action #79-90 is a request for a 10- lot
PAN79-90 subdivision of a 5 acre parcel located at the southwest corner of
SUBDIVISION Orchard and Westwood Streets. This request also includes a
GROSS Subdivision Variance to create two lots which would be 207' in
depth instead of the required maximum 150' lot depth. Compre-
hensive Plan designation: Rural Residential . Zoning: R-1 :B-8
Single Family Residential . Assessor.y map q: 86A. Tax lot: 200.
APPLICANT: Vernon Gross
STAFF REPORT: Wanderscheld gave the staff report stating that applicant
is proposing the division of approximately 5 acres into 10 lots. Lots
i and 2 require -a variance as they are in excess of the 150'
maximum depth as required by the City's Subdivision Ordinance. West-
wood Street and Orchard Street are both unimproved streets. Public
Works memo is included with the staff report. The Planning Commission
could requrie sidewalks and/or street trees 'in the subdivision if
so desired. He then described the suggested conditions that concerned
street Improvement; utility easement, location,. and types; street
trees; and fire hydrant requirements.
PUBLIC HEARING:
1 . Vernon Gross, 189 Westwood, inquired what signing infavor of
future improvement to Orchard and Westwood really meant. Wander-
scheld stated that owners of those lots would be required to sign
in favor of any future assessment district improving those streets
and the condition goes with the land. The applicant would be required
to sign an agreement which would be notarized and filed with the Counry
so anyone buying those lots would be aware they were encumbered with
this condition.
COMMISSION DISCUSSION AND MOTION:
1 . Billings asked applicant whether he was familiar with all
the suggested condltons and whether he was amenable io them.
Gross replied that he was.
2. Billings moved to approve Planning Action k79-90 with
suggested conditions and findings;. seconded by Reid.
3. Morris asked why the street had not been named and whether
that would be so required. Wanderscheld said that it should have`
been named and that naming would be required before final plat
approval . 5
4. Barnes asked why the 150' maximum is in the Subdivision Ord-
inance and Wanderscheld said that the intent of the Ordinance is
not to have long, narrow lots, and that if a lot is in excess
100' wide, then it can be longer than 1501 .
5. Motion as moved passed unanimousiy. �J
/7 Z. /Vb,
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8l)-J5819 AGREEMENT
., �
Owner Vernon J. Gross Address 405 Orchard Street Ashland OR.
. � �-'.{.,
T
Owner Nvia J. Gross " " '"f s3� Address � 4g5 Orchard St. . Ashland. OR
Property 200
Twp. Range Section ) !A Map Map /. Tax lot,t(s)
Strcet Address Lots 16 2 on Orchard Sti Lots 3 9. '10 on Westwood St.Ashland, Oreoon
Y GROSS HEIGHTS SU8DtVr9M,4 "st's'f'.4',v+f
Planning Action 79-90 ' '�.xl'fid�"'S6 6 d ivl s on 7-II-79
�.yType�+ 14;.4' - Date
As the owner(s) of the property.listad above,: we;hereby consent to the following
✓ �rr� ti'
,
i,nprovements, dedications, or other actions as -required by the City of Ashland, and agree
to i,ear the proportionate payment of associated costs -.This agreement Is to be binding
upon myself/ourselves, my/our halr(s), executorsand as-signs.and.it Is,my/our express _
eta intention that this agreement shall run wit the land, so that fulfillment of the Items
,,. `'� listed below shall be binding upon future owners of the property..,
+,L.'17c$'A,:6N Improvement, Dedication, or Dthen Action +ly s'i „a ct.rn
to Lota t b 2 on 0^cwa^A Stpoot -RA
_ •, irS.�v.MW/.:• 1i:�11_LB nr f i I f + + + 1 +
- -- -- - s u Igbts3uN ilxf s+^-
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CLE 1(LL1IIJE-TERaY
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Y. :'r o' Oregon
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, C.o„nty o' Jackson)
•! , ay of the undersigned, a Notary
.li: in an d for said County and State, personally appeared.ihe within_named
yY __yn,rnoe_J rrn<c and Na 1 r ne l
h3;a relis y.nown to me to be the identiMa4� Indlvldual(s)+descrlbed in and who executed the
�y{ f; n n nsr.rumAnt, and acknowledged fp me�ahat'.• e she thenexecuted the same .freely and
A ;v ice] f •F�IY t Ti ,f y
d many whereof, I have hereunto satM1 ndNAandlealztha day and year last above
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PUBLIC OREGON
Date�myicormisslon.expires.
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Prestige Plaza Bldg., Suite A C17AACF
100 Main Street East' _
Medford, Oregon 97501 - All ' s�Yt�:. . r>ra• a � � 100
THIS MAP. IS- PROVIDED SOLELY - 201 . 200 .lUq�'aJ I ,
FOR THE PURPOSE OF ASSIST. 'r •� � ?
INO IN THE LOO.ATION OF THE 2
PROPERTY. 1'111: ."01APA.NY ASS- '�.,�,
UMI:S N0 LIA1)II.ITY 170H VARIA J I(�rl' h:
TIONS• IF ANY. IN DIMENSIONS
OR LOCATIONS ASCEHTAINED BY ly d
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Title No. 701104.
Page 2
The policy shall be issued subject to the usual printed conditions and
stipulations and exclusions from coverage appearing in such policy
form and the following:
1. City liens, if any, of the City of City of Ashland. (An inquiry has
been directed to the City Clerk concerning the status of such liens
and report will follow 'if such liens are found) .
2. Utility easements as delineated on the recorded plat along the
Westerly 10 feet and the Southerly 15 feet of said lot.
3. Slope easement as delineated on the recorded plat along the
!'rSoutherly 15 feet of said lot.
ti! i ; -r,cd.. D-
,. iA.: Dgvelopmeatiagie[gncluding the terms and provisions
Herein,' dated August 1980, by and between Vernon J, Gross and
Nyla J Gros. t13a�C ty of Ashland, id u 07
5. Covenants, easements and restrictions, but omitting restrictions,
if any, based on race, color, religion or national origin, imposed
by instrument, including the terms thereof,
Recorded October 7, 1980 - Document No. 80-20119
6. Trust Deed, including the terms and provisions thereof, with
interest- thereon• and such future advances as may be provided
therein, given to secure the payment of $114,000.00,
Dated August 2, 1988
Recorded August 3, 1988 Document No. 88-15538
Trustor Everett E. Murrell and Marilyn M. Murrell,
husband and wife
Trustee William Sisemore
Beneficiary: Klamath First Federal Savings and Loan
Association
7. Any encroachments, unrecorded easements, violations of conditions,
covenants and restrictions, and any other matters which would be
disclosed by a correct survey.
(The Company may make an inspection of the premises and this
exception may be eliminated or limited as a result thereof. A fee
will be charged for this inspection) .
B. Proof that there are no parties in possession, or claiming to be in
possession, other than the vestees herein.
9. Any statutory liens for labor or material, including liens for
contributions due to the State of Oregon for unemployment
compensation and for workmen's compensation, which have now gained
or hereafter may gain priority over the lien of,.the insured
mortgage, which liens do not now appear of record.
NOTE: We find no judgments or United States Internal Revenue Liens
against Robert J. Connard and Sigrid G. Corinard. .
Title No. 701104
Page 3
NOTE: THE LOCATION AND IMPROVEMENTS ON INDORSEMENT (116) WILL SHOW
THE ADDRESS AS FOLLOWS:
570 Nyla Lane, Ashland, Oregon 97520
NOTE: Taxes for the year 1990-.91 in the amount of $2,999.04, PAID
IN FULL.
Code No. 5-01, Map No. 391EO88A, Tax.-Lot No. 205, Account No.
1-066999-2
END OF REPORT
Sincerely,
AMERICAN PACIFIC TITLE & ESCROW COMPANY
4ge:Vries
Title Officer
DD/mc
A6 ND //
November 9, 1997
The Honorable Cathy Golden
Mayor of Ashland
20 E. Main St.
Ashland OR 97520 "
Dear Mayor Golden:
This is to inform you that we,the undersigned,owners of Lots 4, 5,6,7 and 8 in the
Gross Heights Subdivision,will not participate in paying for the paving of Westwood
Street.
On August 12, 1980, subdivision owners,Vernon and Nylf�,Gross, signed planning action
#79-80,dated July 11, 1979,which was based on discussion with and approval by the
city council. This planning action binds only the owners of lots 1 and 2 on Orchard Street
and lots 3, 9 and 10 on Westwood Street to participate ilia propotionate payment of the
costs associated with street improvements.
We, the owners of subdivision lots 4, 5, 6, 7 and 8 on Nyla Lane, have paid our full share
of street improvement costs by paying the full cost of street improvements on Nyla Lane.
Please keep us informed of any discussions related to this issue.
Thank you.
ISte' t ely
Robert And SigriddCoonnnard Verrion�and(Dlyla sf�rb s�
570 N ane(Lot 4) 585 Nyla ane(Lot 7
.6� ,
Abe and Cynthia Mish William Hershman&Katharine Danner
600 Nyla Lane(Lots 5 &6) 5.75 Nyla Lane,(Lot 8)
cc: John McLaughlin,Planning Director
Paula Brown,Public Works Director
Anna Hassell&Jana Markus,25 Westwood St.
Mark&Jim Danis
620 Weller Lane
Ashland,Oregon 97520
January 5, 1998
We are here to request your review of a decision mg de by the Planning Commission on October 14, 1997
on Planning Action 97-084. A petition signed byindividuals requesting denial of approval of that
action is on file with the Planning Department. Our request is based on the following arguments.
#1. We, residents of 620 Weller Lane,never received notification of the initial hearing on the proposed
development of upper Forest St. in 1992 and therefore did not attend the hearing to present our objections.
We did notify,the Planning Commission after we were made aware that the hearing had taken place that
we did not receive notification by submitting a letter of objection. Yet, it was suggested at the hearing this
past October that we have had ample opportunity to present our objections at the earlier hearing.
CAdditionally,Ms. Jarvis,a member of the commission indicated that we had been notified of the initial
hearing. We were not given opportunity at this past hearing to refute that statement
We have had numerous discussions since 1992 with the City Planning Department expressing
concerns about the proposed street and have offered several workable alternatives. One of these
alternatives was actually displayed at the October 1997 hearing. Yet,members of the Planning
Commission indicated they had not seen these other options before. When the 1992 decision was
presented to the City Council for approval, many residents of Weller Lane were present and were prepared
to make statements in opposition to the proposal regarding the development of upper Forest St. (At that
time,we referred to it as the`Badger"proposal). John Mclaughlin stated that there was some form of
procedural issue and thus our contingent could not present their arguments. We now realize that our
mistake was in not petitioning for a separate hearing with the Planning Commission to try and look at
alternatives to the development of upper Forest St.before Planning Action 97-084 was set forth. In our
discussions with the Planning Department this was never brought up to us that this was an avenue we
could pursue. The issue that is really frustrating is that the Planning Commission acts as if we made no
previous attempts to voice our concerns.
#2. W9/_%aise the questi hether the notice of r 1997 callin of the request
,fo miner I 'Ito ' n e A a minor land partition
to r d or st tional developer p poses further development which would
dually create a subdivision.
#3 Hammond Engineering has submitted a design which did receive preliminary approval by the
Engineering Dept.which show construction of a road with an 18%grade. Ordinance 18.88.050 states
that roads shall be no more than 10%grade with a variance up to 15%. Criteria for a Minor Land
Partition states that the partitioning must not be in conflict with any law,ordinance,or resolution
applicable to the land and that partitioning is in accordance with the design and streets standards
contained in the chapter on subdivisions. It should be noted that the city is also obligated to meet county,
state,and federal street standards as outlined in the Manual of Uniform Traffic Control Documents
(MUTCD).
#4. At the Planning Commission meeting, several"fads"were stated which were not accurate. The
developer said that we felt the proposed design was workable for our driveway access. He also indicated
the difference in the level between the proposed street and our existing driveway was 1 to 2 feet. City
Engineers have indicated to us that it is closer to 3 feet. It also creates a driveway of minimal length
(estimated between 19 and 21 feet). We again were not given the opportunity to correct the developer's
statements.
#5. The city transportation plan calls for contiguous roads and streets. However,our cul-de-sac was
approved for development as a cul-de-sac. The concern voiced at the October hearing was one of fire
safety which we can appreciate. However,if the proposed development were not"on the table" ,nothing
would be done differently by the city in regards to the cul-de-sac and fire safety. There are other options,
however,if fire safety is the issue. Crash gates could be put in place of a street. Bike or pedestrian paths
could be created to allow residents an alternative route out of upper Weller Lane.
#6. It was stated in the October'97 hearing that"the plan was on the books" referring to the
transportation plan filed with the state and that because of that there was orally nothing that the planning
commission could act on. A transportation plan filed with the state is submitted by the city and can be
modified according to the State Department of Transportation. It seems that if the city can allow
variances to create streets now deemed"illegal"and variances to what a minor land partition does indeed
mean,than it seems it should be allowed variances to"the plan".
#7 It was stated that we did know about the proposed street prior to construction of our driveway which
indeed we did. We elected to take this risk based on conversations with previous city planner(s)who
indicated to as and to Richard Vezie&Associates that it was highly unlikely this road would ever be
constructed because of the lack of purpose it would serve.
#8. It has been stated to us by the Planning Department that in the creation of new streets or roads,
priority would be given to proving suitable access to existing dwellings. In the plans that have been
submitted for preliminary approval,we see no indication where priority to our access has been considered.
The purpose of roads is to provide suitable access to properties. Forest Street is centered on the easement
with additional ground lost on our side to a sidewalk Additionally,with an 18%grade, if our driveway
entrance is 25'wide we will have a 4 %,ft, height difference from the top side of the entrance to the
bottom side coupled with a minimal length to work within.
#9. There is also the issue of who will pay for the development of Forest St. It has been assumed by the
developer that the Werlichs and Danis' have signed an agreement to pay for future development of
adjacent Forest St. In talking with Paul Nolte, City Attorney,this old document was written in language
that is generally no longer considered to be valid. This then leaves it up to the developer to request that
the City Council form a Land Improvement District(LID). At this point, it would be up to the city to
determine if and how that LID would be formed We do not feel that we should be financially responsible
for any portion of this road if indeed it is built. It offers no benefit whatsoever to us and in reality will
make accessibility to our property much more difficult. We also do not feel that our neighbors should bear
any of the burden as they stand to gain nothing and will have to deal with more traffic in the interim and a
dangerous road. The costs should be borne by those who stand to benefit by its construction.
#10. Consider the safety issue of the proposed road. If Forest St. is an 18%grade,cars traveling on
Weller Lane will not see cars coming up Forest St. Cars coming up Forest St.will not be able to see cars
or pedestrians on Weller Ln. Because of this,a stop sign may need to be in place. How then will cars
stop at this stop sign on such a steep, icy road in winter? A dangerous condition exists not just for the
drivers but also for pedestrians. Should an injury occur,who then is liable?
Consider the fact that during snowy and icy conditions, it is likely that the newly developed properties will
have to park on Weller Ln. which already has very limited parking. This may create even more of an
access problem for fire and rescue vehicles.
#11. We would ask what function does this proposed street really serve? Short term,yes,there is a need
to provide access to existing dwellings and to those which will be built. Yet, in considering the long term
use of this road-in reality,it will be used almost exclusively by the residents of 620 Weller Lane and only
because by creating the road we will have no other option. When the rest of development occurs and
lower Forest Street is constructed,that will be the direction of traffic flow. People will not chose to travel
uphill to get down to the main city streets. At least consider pushing forward with the development of
lower Forest St. We five in a 'permafrost' zone and upper Forest will often have icy conditions. This
street will require increased city maintenance in the winter. Is the expense of construction and
maintenance worth the purpose this road does or does not serve?Is it warranted for the amount of use the
street will have? Additionally, what liability does the city assume if this road does not meet current safety
standards set at the city,county,state,and federal level? The city itself has deemed that steep roads are
not safe and passed an ordinance disallowing their construction. The Planning Commission has stated
that the proposed Forest St. does not need to meet current regulations because it was"on paper"before
creation of that ordinance. We ask you to consider the intent of the law that you yourselves passed Steep
roads are not safe. It doesn't make sense to pass a law because it is right and then disregard it simply
because a street exists on paper.
We appreciate the opportunity to voice our objections and for your consideration in this matter.
Respectfully,
Mark&Jini Danis
620 Weller Lane
Ashland, Oregon
488-5659
Robert Vorisht atdthekcouncilrmeeting the
record ton g No. 2) , as it
(as part of Public Hetrtogthe meeting.
is unlikely he can 9
However, shohedwh� bcome able
and see attend l you
the meeting
and would like to read it himself. Greg.
I have made copies for e original . ({ a,\
This is your copy,
7J4
Robert Voris
630 Weller Lane
Ashland, OR 97520
January 5, 1998
Ashland City Council
Re: Forest Street extension east of Weller Lane
The residents on Weller Lane are against the proposed Forest Street extension. All costs of new
development, including changes or additions to infrastructure, must be borne by the developer. It would
be unjust for the residents of Weller Lane to be forced to pay for a street that only benefits a new
developer.
Over the years, I have witnessed that decisions regarding issues such as the one at hand are made well
in advance of public hearings. I could be wrong, but I believe the Council has already decided that
Forest Street in being extended east of Weller Lane no matter what is said here tonight. To make the
decision to extend the street, the Council must overlook several things. The Council must overlook the
testimony to the Planning Commission by the applicant's engineer stating the slope of the new street will
be as much as twenty two percent(22%). This slope is well in excess of current State of Oregon
guidelines. The Council must overlook that this excessive slope creates an extremely hazardous
intersection for both pedestrians and motor traffic. The Council must overlook the liability of accidents
and injury made more likely by this impractical design.
Though not a legal issue, I believe it is the Council's duty to consider with equal weight the impact
of the street on the neighborhood and the families most affected. It's easy to say, "They knew when they
bought the property that a street could be built here." Any third party, without vested interest in this
project, would conclude instantly that it is absurd to put a street where now proposed. It follows that any
party interested in living here would also conclude it highly unlikely for a street to be built as proposed.
However, it appears logic, practicality and rational thinking are abandoned to satisfy an agenda.
The Council may choose to hide behind the Comprehensive Plan claiming their"hands are tied"
because Weller Lane in a nonconforming cul-de-sac. Weller Lane was finished prior to new guidelines
regarding cul-de-sacs being added to the Comprehensive Plan. Regardless of what the Comprehensive
Plan states, the Council has the authority to vacate the public access dedicated to Forest Street, forever
putting to rest the possibility of a street being built. This in no way stops the proposed development; it
merely relocates access to the development. Considering the ill affects to the neighborhood and the
unavoidably hazardous conditions the Forest Street extension creates, other options offer better means of
access to the new development.
The Council has the opportunity to show that it listens to both sides of issues and that it considers
how the consequences of their decisions manifest in people's lives. The Forest Street extension will have
immediate adverse affects on two families and long term adverse affects on the community. An extension
of Forest Street will not serve to enhance emergency access or provide any other added benefit
whatsoever. It is only being proposed to fulfill an agenda. It takes courage to be contrary to the agenda
that all cul-de-sacs are bad. Please, prove me wrong, show that you have not made your decision in
advance. Make a truly progressive choice. Approve the development with access other than the Forest
Street-Weller Lane connection. Vacate the public access for this section of Forest Street. Have the
developer access his subdivision from Ashland Street. That access exists now in the form of a driveway
that may be converted to a private way allowing the development to go forward without cutiing down
trees and paving over Weller Lane's open space.
Sincerely, � , / • �
Robert Voris
CITY OF ASHLAND
Department of Community Development mss. a
Planning Division
MEMORANDUM *• ,EGO
DATE: January 2, 1998
TO: Honorable Mayor and City Council
FROM: Planning Staff
RE: Planning Action 97-084 - Minor Land Partition Appeal/Forest Street
Background
On October 14, 1997, the Planning Commission approved a request for a three lot minor
land partition at 610 Ashland Street. The proposal includes the extension and
improvement of Forest Street east of Weller Lane. On November 12, 1997, the Planning
Commission decision was finalized with the adoption of the Findings, Conclusions and
Orders.
On November 13, 1997, Mark and Jini Danis filed an appeal of the approval of the
Planning Commission largely based on the extension of Forest Street (see letter dated
October 15, 1997 on page 3).
In December 1992, the City Council approved a request for an amendment to the Street
Dedication Map of the Ashland Comprehensive Plan, identifying Forest Street
connecting lower Morton Street to upper Weller Lane and deleting a portion of a
required street dedication between Cascade Street and Weller Lane (see maps on pages
27-30).
While the Forest Street extension is the focus of the appeal, the decision to extend
Forest Street was not made as part of the Planning Commission approval of the above
referenced three lot partition. Rather, the 1992 decision of the City Council established
that Forest Street would be extended as identified on the Street Dedication Map. In
essence, the applicant is required to dedicate the public right-of-way and construct the
improvements to implement the long range plan for a future street. As other properties
in this area develop, the public right-of-way will be extended and improvements
constructed until the entire street is complete.
The dedication of the public right-of-way for the extension of Forest Street and
construction of the improvements is required as part of partitioning the property as
noted in the following section of Chapter 18.82,Street and Greenway Dedications:
18 82 060 Dedication Required Prior to Final Approval.
A. Dedication of the future right-of-way for a street or greenway is required prior
to final action on a partitioning, subdivision, or development requiring a planning
action.
Appeal Procedure
In accordance with section 18.108.1 10,of the Ashland Municipal Code, the public hearing
before the Council shall be conducted as a de novo evidentiary hearing.
At the conclusion of the hearing the Council may affirm, reverse or modify the decision
and may approve or deny the request, or grant approval with conditions. The Council
may also continue the public hearing to the next meeting in order to allow for the
submittal of additional information.
Recommendation
Staff believes the request for a three lot land partition meets the criteria for a minor
land partition. Staff recommends the City Council affirm the Planning Commission
decision and approve the three lot minor land partition at 610 Ashland Street subject to
the conditions contained in the Planning Commission Findings, Conclusions and Orders
for Planning Action 97-084 dated October 14, 1997.
97-084
1.2.98
Page 2
1.
Contents of Record for Ashland Planning Action 97-084
REQUEST FOR A THREE LOT MINOR LAND PARTITION AT 610
ASHLAND STREET. THE PROPOSAL INCLUDES THE EXTENSION
AND IMPROVEMENT OF A PORTION OF FOREST STREET EAST OF
WELLER LANE. COMPREHENSIVE PLAN DESIGNATION: SINGLE
FAMILY RESIDENTIAL; ZONING: R-1-10-P; ASSESSOR'S MAP #:
16AB; TAX LOT: 2000.
APPLICANT: STEVE MORJIG
-- Notice Map for Council meeting on January 6, 1997 1
-- Criteria for a Minor Land Partition mailed with notice map 2
-- Letter from Mark & Jini Danis requesting appeal dated October 15, 1997 3-5
-- Findings dated October 14, 1997 6-11
-- Minutes of October 14, 1997 Planning Commission meeting 12-15
-- Staff Report dated October 14, 1997 16-23
-- Tree Commission Site Review dated October 8, 1997 24
-- Letter from Jim Olson, Asst. City Engineer to Mark Danis dated
February 3, 1989 25
-- Tax lot map showing Forest Street stub 26
-- Current transportation map showing required future street dedications 27
-- Miscellaneous transportation map amendments proposals 28-30
-- Findings for PA92-104, amendment to street dedication map dated
December 15, 1992 31-33
-- Ordinance No. 2698 34
-- Application for Minor Land Partition - Applicant: Steve Morjig 35-43
-- Letter from Patricia Wolfe dated October 14, 1997 44
-- Petition for Weller Lane asking for alternative plan of access from
Ashland Street 45-47
-- Letter from Jeffery & Patricia Werlich received October 8, 1997 48
Notice Is hereby given that a PUBLIC H .ING on the following A copy of the application documents and evidence relied upon by the applicant
request with respect to the ASHLAND LAND USE ORDINANCE and applicable criteria an ailable for inspection at no cost and will be provided at
reasonable cost, if requested. A copy of the Staff Report will be available for
will be held before the ASHLAND CITY COUNCIL on January 8, inspection seven days prior to the hearing and will be provided at reasonable cost,if
1998 at 7:00 p.m. at the ASHLAND CIVIC CENTER, 1175 East requested. All materials are available at the Ashland Planning Department,City Hall,
Main Street, Ashland, Oregon. 20 East Main Street, Ashland, Oregon 97520.
The ordinance criteria applicable to this application are attached to this notice. During the Public Hearing, the Mayor shall allow testimony from the applicant and
Oregon law states that failure to raise an objection concerning this application,either those in attendance concerning this request. The Mayor shall have the right to limit
in person or by letter,or failure to provide sufficient specificity to afford the decision the length of testimony and require that comments be restricted to the applicable
maker an opportunity to respond to the issue,precludes your right of appeal to the criteria. Unless there is a continuance, it a participant so requests before the
Land Use Board of Appeals(LUBA)on that issue. Failure to specify which ordinance conclusion of the hearing,the record shall remain open for at least seven days after
criterion the objection is based on also precludes your right of appeal to LUBA on the hearing. If you have questions or comments concerning this request,please feel
that criterion. free to contact Susan Yates at the Ashland Planning Department,City Hall,at 488-
5305.
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PLANNING ACTION 97-084 is a request for a three-lot Minor Land Partition at 610
Ashland Street. The Proposal includes the extension and improvement of a portion of
Forest Street east of Weller Lane. Comprehensive Plan Designation: Single Family
Residential; Zoning: R-1-10-P; Assessor's Map #: 16AB; Tax Lot: 2000.
APPLICANT: Steve 11l
CRITERIA FOR MINOR LAND PARTITION
A) The future use for urban purposes of the remainder of the
tract under the same ownership will not be impeded.
B) The development of the remainder of any adjoining land or
access thereto will not be impeded.
C) The tract of land has not been partitioned for 12 months.
D) The partitioning is not in conflict with any law, ordinance
or resolution applicable to the land.
E) The partitioning is in accordance with the design and
streets standards contained in the chapter on subdivisions.
F) When there exists a 20-ft. wide access improved to the
minimum standards established in Section 18 . 76.170.
Mark & Jini Danis
620 Weller Lane
Ashland, Oregon 97520
October 15, 1997
To Whom It May Concern:
We are writing to request a formal appeal to the Ashland City Council
regarding action taken by the Planning Commission on October 14, 1997 on
Planning Action 97-084. Our request for an appeal is based on:
1. We were never notified regarding intial hearing on the proposed
development of upper Forest St. and therefore did not attend the hearing
to present our viewpoint. We did notify the Planning Commission that we
did not receive notice by submitting a letter of objection after the
commission had had their meeting.
We have had numerous discussions with the City Planning Department
expressing concerns and trying to come up with workable solutions. One of
those options was displayed by John Mclaughlin last night. The fact that
members of the Planning Commission expressed that all of this-had come out
of the blue concerns me as to what information the Planning Department is
fowarding to the Planning Commission.
When the 1992 decision was appealed and presented to the City Council
for hearing, many residents of Weller Ln. were present and were prepared to
make statements in oposition to the Badger proposal regarding the
development of upper Forest St. There was a procedural issue that was
broutht up by John Mclaughlin and we were not given the opportunity to
express our opposition.
I now realize that my mistake was to not petition for a seperate
hearing with the Planning Commission to try and look at options to the
development of upper Forest St. before Planning Action 97-084 was set
forth. In my discussions with the planning department this was never
brought up to me that this was an avenue I could persue. The issue that
really frustrates me is that the Planning Commission acts as if we made no
previous attempts to express our concerns.
2. We question whether the hearing notice is in error as according to
ordinance 18.08.560, a minor land partition does not create a road or
street. Additionally, Mr. Morjig proposes future development of the area
which would actually create a subdivision.
3. Hammond Engineering has submitted a design which did receive
preliminary approval by the Engineering Dept. which shows construction of a
road with an 188 grade. Ordinance 18.88.050 states that roads shall be no
more than 106 grade with a variance up to 815. Criteria for a Minor Land
Partition states that the partitioning is not in conflict with any law,
ordinance or resolution applicable to the land and that the partitioning is
in accordance with the design and streets standards contained in the
chapter on subdivisions.
4. At the planning commission meeting several "facts" were stated
which were not accurate. Mr. Morjig said that we felt the proposed design
was workable for our driveway access. He also indicated that the difference
in the level between the proposed street and our existing driveway was 1 -
2 feet. City Engineers have indicated to us that it is closer to 3 feet.
3
September 10, 1994
It also creates a driveway of minimal length (estimated between 19 and 21
ft) . Additionally, Ms. Jarvis, a member of the commission, indicated we had
been notified of the initial hearing. We again were not given an
opportunity to refute that as we did not receive the notification and did
inform the planning department of that fact, but another hearing was never
scheduled.
5. Ordinance 18.76.180 states that for a major land partition (which
this is) you may request a private way instead of a road or street. There
currently exists an easment to the area for proposed development and two
existing dwellings which is 25ft wide. A private way only needs to be 20%
wide. Water and sewer lines currently exit along this easment. Some
grading and paving would be the only requirements and access of minimal
grade would .then exist.
6. The city transportation plan calls for contiguous roads and
streets. However, our cul-de-sac was approved for development as a cul-de-
sac. The concern is protection from fire and we can appreciate that
concern; however, if the proposed development were not "on the table"
nothing would be done differently with the cul-de-sac in regards to "fire
safety". Crash gates could be put in place of a street. Bike or
pedestrian path could be create to allow residents a second way out of
upper Weller Lane.
7. It was stated in last night's planning commission meeting that "the
plan was on the books" and there was nothing for the planning commission to
act on. However, if we allow variances to create streets that are now
deemed illegal; if we can allow variances to what is deemed minor land
partition, it seems that we should be able to consider "variances" to the
"plan".
8. It was stated that we did know about the proposed street prior to
construction of our driveway which indeed we did. We elected to take this
risk. This decision was based a great deal on conversations with previous
city planner(s) who indicated to us that it was very unlikely this road
would ever be constructed because of the grade that it would present and,
in turn, the question of safety that would exist.
9. We would ask what function this street truly will serve. Short
term, yes, there is a need to provide access to existing dwellings. A
private way where the current easment exits off Ashland street would
provide this. In considering the long term use of this road, in reality,
it will be used only by us. When the rest of the land is developed and
lower Forest street is constructed, that will be the direction traffic will
flow. People do not travel uphill to get to the main city streets in
Ashland. This road will only be used by us and that is because the access
to our driveway will now have to come from the proposed upper Forest
street. We live in a permafrost zone. This street will have icy
conditions in winter and will require city maintenance. Is the expense
worth it for the amount of use it will get in the long term?
10. It has been stated to us by the planning department that in the
creation of new streets or roads, priority would be given to providing
suitable access to existing dwellings. In the plans that have been
submitted for preliminary approval, we see no indication where priority to
our access has been considered. The proposed road is centered with
additional ground lost on our side to a sidewalk. Additionally, with an 188
grade (18'up per 100'level) , if our driveway enterance is 25' wide, then we
will have a 9 1/2 foot height difference from the top side of the enterance
to the bottom side to try and deal with.
• Page 2
September 10, 1994
10. Lastly, consider the safety issue of the proposed road. With an
18% grade, cars traveling on Weller Lane will not see cars coming up Forest
St. This might then require a stop sign. How will cars stop at this
possible stop sign when the road is icy. A dangerous condition will exist
not just for drivers but also for pedestrians. At least consider moving
the proposed street off-center so that the grade is diminished somewhat.
We appreciate your willingness to consider this application for appeal. If
you need any further information, please feel free to contact us.
Sincerely,
`/�
M do&Jini Danis
620 Weller Lane
Ashland,Oregon
455-5659
• page 3
CITY OF ASHLAND - CITY HAIL
ASHLAND,OREGON 97520
telephone(code 503)4112-3211
November 14, 1997
RE: Planning Action # 97-084
Dear Steve Morjig:
At its meeting of October 14, 1997, the Ashland Planning Commission approved
your request for a Land Partition for the property located at 610 Ashland Street --
Assessor's Map # 39 1E 16AB, Tax Lot(s) 2000.
The Findings, Conclusions and Orders document, adopted at the November 12,
1997 meeting, is enclosed.
Please note the following circled i ms:
�A final map prepared by a registered surveyor must be submitted within one
year of the date of preliminary approval; otherwise, approval becomes
invalid.
2. A final plan must be submitted within 18 months of the date of preliminary
approval; otherwise, approval becomes invalid.
3. here is a 15 day appeal period which must elapse before a building permit
may be issued.
All of the conditions imposed by the Planning Commission must be fully met
before an occupancy permit may be issued.
5. lanning Commission approval is valid for a period of one year only, after
which time a new application would have to be submitted.
Please feel free to call me at 488-5305 if you have any questions.
,Ure
Bill Molnar
Senior Planner
cc: Property Owner, People Who Testified, People Who Submitted Letters
6
BEFORE THE PLANNING COMMISSION
October 14 , 1997
IN THE MATTER OF PLANNING ACTION #97-084 , REQUEST FOR A )
LAND PARTITION. THE PROPOSAL INCLUDES THE EXTENSION AND ) FINDINGS,
IMPROVEMENT OF A PORTION OF FOREST STREET EAST OF WELLER) CONCLUSIONS
LANE. ) AND ORDERS
APPLICANT: STEVE MORJIG )
RECITALS :
1) Tax lot 2000 of 391E 16AB is located at 610 Ashland Street and is
zoned R-1-10-P; Single Family Residential .
2) The applicant is requesting approval of three lot Partition. The
proposal includes the extension and improvement of a portion of Forest
Street east of Weller Lane . Site improvements are outlined on file at
the Department of Community Development .
3) The criteria for approval of a Partition are as follows :
A. The future use for urban purposes of the remainder of the tract
will not be impeded.
B. The development of the remainder of any adjoining land or access
thereto will not be impeded.
C. The tract of land has not been partitioned for 12 months.
D. The partitioning is not in conflict with any law, ordinance or
resolution applicable to the land.
E. The partitioning is in accordance with the design and street
standards contained in the Chapter on Subdivisions.
F. When there exists adequate public facilities, or proof that such
facilities can be provided, as determined by the Public Works
Director and specified by City documents, for water, sanitary
sewers, storm sewer, and electricity.
G. When there exists a 20-foot wide access along the entire street
frontage of the parcel to the nearest fully improved collector or
arterial street, as designated in the Comprehensive Plan. Such
access shall be improved with an asphaltic concrete pavement .
designed for the use of the proposed street. The minimum width of
the street shall be 20-feet with all work done under permit of the
Public Works Department.
1 . The Public Works Director may allow an unpaved street for
access for a minor land partition when all of the following
conditions exist:
7
a . The unpaved street is at least 20-feet wide to the
nearest fully improved collector or arterial street.
b. The centerline grade on any portion.of the unpaved street
does not exceed ten percent.
2. Should the partition be on an unpaved street and paving is not
required, the applicant shall agree to participate in the
costs and to waive the rights of the owner of the subject
property to remonstrate both with respect to the owners
agreeing to participate in the cost of full street
improvements and to not remonstrate to the formation of a
local improvement district to cover such improvements and
costs thereof. Full street improvements shall include paving,
curb, gutter, sidewalks and the undergrounding of utilities.
This requirement shall be precedent to the signing of the
final survey plat, and if the owner declines to so agree, then
the application shall be denied.
H. Where an alley exists adjacent to the partition, access may be
required to be provided from the alley and prohibited from the
street.
4) The Planning Commission, following proper public notice, held a
Public Hearing on October 14 , 1997, at which time testimony was received
and exhibits were presented. The Planning Commission approved the
application subject to conditions pertaining to the appropriate
development of the site .
Now, therefore, The Planning Commission of the City of Ashland
finds, concludes and recommends as follows :
SECTION 1 . EXHIBITS
For the purposes of reference to these Findings, the attached index
of exhibits, data, and testimony will be used.
Staff Exhibits lettered with an "S"
Proponent ' s Exhibits, lettered with a "P"
Opponent' s Exhibits, lettered with an "O"
Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an
'Mi
SECTION 2 . CONCLUSORY FINDINGS
2 . 1 The Planning Commission finds that it has received all
information necessary to make a decision based on the Staff
Report , public hearing testimony and the exhibits received.
2 . 2 The Planning Commission finds that the proposal for a three
lot Partition, including the extension and improvement of a portion
of Forest Street east of Weller Lane meets all criteria for
approval described in the Partitions chapter 18 . 76 .
2 . 3 The Commission finds that all public facilities necessary to
service the project are available and will be installed during
street construction . Sewer, water and electric service will be
extended from Ashland Street and/or Weller Lane . The water main
will be extended southward from Ashland Street and connected to the
water line in Weller Lane to provide a looped system. This will
provide for better line pressure, resulting in better operating
performance for the new hydrant . Surface run-off from the new
street extension will be directed along the curb to the City' s
storm drain system.
Forest Street will be extended eastward from where it intersects
the top of Weller Lane and follow the southerly and a portion of
the project' s east boundary line . The street will be improved to a
"half" street standard. This includes an asphalt driving surface 20
feet in width (two 10 foot travel lanes) and curb and gutter on
the north and west side to control surface run-off . A full width,
street improvement will be constructed along the existing,
unimproved section of Forest Street that was dedicated as part of
the Weller Lane Subdivision. In addition, a public sidewalk will be
constructed along the south side of that one section of Forest
Street . Given the development potential of the properties south and
east of the project , the Commission finds that the remainder of the
street would be constructed at the time those properties are
subdivided. That improvement would likely include some additional
pavement widening (optional) , curb and gutter, and the continuation
of the public sidewalk system.
In addition, the City' s official street dedication map identifies
Forest Street connecting lower Morton Street to upper Weller Lane .
This required street dedication adjoins the southerly and easterly
boundary (only a portion) of the proposed site . The dedication of
right-of-way for the extension and construction of Forest Street is
required as part of partitioning the property as noted in the
following section of the Street and Greenway Dedications chapter :
18 82 060 Dedication Required Prior to Final Approval .
A. Dedication of the future right-of-way for a street or
greenway is required prior to final action on a partitioning,
subdivision, or development requiring a planning action.
A portion of the Forest Street extension will have a grade of 18
percent . Given the natural, steep topography east of Weller Lane,
the Commission finds the street grade necessary to ultimately
connect Weller Lane to lower Morton Street as shown on the City' s
Transportation Plan Map .
2 . 4 The Commission finds that the proposal with the Forest Street
extension will facilitate the orderly development of the adjacent
under-developed properties (#1900 & #2001) east and south of the
project . The future development of these properties will likely
trigger the finishing off of Forest Street, including its ultimate
connection to the existing short section of Forest Street located
9
off the lower end of Morton Street .
SECTION 3 . DECISION
3 . 1 Based on the record of the Public Hearing on this matter, the
Planning Commission concludes that the proposal for a three lot
Partition, including the extension and improvement of a portion of
Forest Street east of Weller Lane is supported by evidence in the
record.
Therefore, based on our overall conclusions, and upon the proposal being
subject to each of the following conditions, we approve Planning Action
#97-084 . Further, if any one or more of the conditions below are found
to be invalid, for any reason whatsoever, then Planning Action #97-084
is denied. The following are the conditions and they are attached to the
approval :
1) That all proposals of the applicant be conditions of approval
unless otherwise modified here.
2) That all public improvements associated with the extension and
construction of Forest Street be designed and bonded for prior to the
signature of the final survey plat . Forest Street improvements to be
constructed in accordance with the approved plan prior to the issuance
of a building permit for parcel 3 .
3) That Forest Street construction documents be prepared by a
licensed, Oregon civil engineer, and be reviewed and approved by the
Ashland Engineering and Planning Divisions prior to proceeding with
construction.
4) That the Forest Street construction drawings include allowance
for a 4' wide, level pedestrian path along the north and west side.
Drawings to also include driveway approach information for the existing
driveways located at 620 Weller Lane and 600 Ashland Street (Tax lots
#2128 and #2001) . Final driveway profiles to be reviewed and approved
by the Ashland Engineering Division.
5) That the recommendations of the Tree Commission be incorporated
into a revised site, size and species specific landscaping plan at the
time of Final Plan approval .
6) That all requirements of the Ashland Fire Department, including
but not limited to adequate hydrant flow, spacing and installation be
complied with prior to the signature of the final survey plat .
7) That easements be designated on the final survey plat for all
shared driveways and walkways .
8) That all easements for sewer, water, electric, and streets be
indicated on the final survey plat as required by the City of Ashland.
9) That the subdivision as a whole, sign in favor of a local
improvement district for the installation of sidewalks along Ashland
/ 0
Street prior to the signature of the final survey plat .
10) That a copy of the CC&R' s indicating responsibility for compliance
with the Tree Management Plan, which designates tree removal allowance,
tree preservation and protection methods, be submitted for review and
approval by the Staff Advisor prior to the signature of the final survey
plat .
11) That temporary fencing be installed around the drip line of the
trees to be preserved prior to any site preparation (i .e . grading) ,
storage of materials on the property, the use of vehicles on the
property or issuance of a building permit .
12) That the following measures be incorporated during the
project' s development to ensure the health of mature trees to be
preserved:
a. The amount of fill within the dripline shall be minimized.
Fill to consist of a sandy composition, rather than clay, to
enhance drainage .
b. Cuts within the dripline to be hand-cut and kept to a
minimum.
C . No fill to be placed around the- trunk/crown root .
13) That any violation of either condition 11 or 12 caused by the
applicant or property owner, resulting in the death of a tree within two
years, requires that the dead tree be replaced by a comparable tree (2"
in caliper) that will grow to a comparable maximum height with a similar
canopy spread.
14) That the a final utility layout be presented for review and
approval by the Staff Advisor prior to the signature of the final survey
plat . Utility layout to be designed to minimize the routing of utilities
through the driplines of trees noted for preservation.
Planning Cordmission Approval Date
Prospect and South Mountain frontages of Lot 3 as indicated on the submitted sidewalk plan. Briggs
seconded the motion and the action was unanimously approved.
Hearn again joined the meeting.
PLANNING ACTION 97-084
REQUEST FOR A THREE LOT MINOR LAND PARTITION AT 610 ASHLAND STREET. THE
PROPOSAL INCLUDE THE EXTENSION AND IMPROVEMENT OF A PORTION OF FOREST STREET
EAST OF WELLER LANE.
APPLICANT: STEVE MORJIG
Site Visits and Ex Parte Contacts
Site visits were made by all. Briggs spoke to Mr. Werlich and asked him where Forest would be located
and he gave her a map showing the street location.
STAFF REPORT
McLaughlin distributed copies of the Information adopted by the Council in 1992 with regard to the
Forest Street connection. Molnar noted the applicable criteria. In 1992, the Planning Commission
approved a Minor Land Partition to split a very large parcel Into two. An amendment to the
Transportation Map was done in 1992.
The proposed lot is heavily wooded with an existing home served by a 200 foot unimproved driveway off
Ashland Street. If the request is granted this evening, the parcel could be further divided which the .
applicant will ultimately wish to do, for a total of six lots. He has shown a conceptual master plan, as
requested. The future intent is to divide parcel 1 Into two lots, parcel 2 would stay as one lot, and parcel
3 would be divided into three lots (refer to notice map).
The two lots closest to Ashland Street will be served by the existing driveway. Parcel 3 will be served by
the extension of Forest Street. Forest Street is on the Transportation Plan map as part of the Weller
Lane subdivision. There Is a section of right-of-way stubbed out near the cul-de-sac. A paved driveway
Is located in the right-of-way that serves a home presently. There was a request to locate the driveway
and an agreement filed with the City to let the property owner know there was a potential for the street
to be ultimately Improved to a City.standard which might necessitate the driveway be removed and
access modified. Part of the proposal will involve the extension of Forest Street which will go down the
slope, run along the southern portion of the property and north towards Ashland Street and terminate
with a temporary turnaround. The final section of Forest Street which will connect the upper portion of
Weller Lane to the lower portion of Morton will not be developed until the property owner desires to
develop (owned presently by Wolfe). A preliminary street design has been provided. An attempt was
made to design the street as narrow as possible (20 feet wide) while still meeting the City's minimum
standards in order to preserve as many trees as possible and because the levels of traffic will be just
inter-neighborhood travel. The applicant will Improve only half the street and.the remainder would be
Improved upon development of Wolfe's property.
About a dozen trees will be removed for street construction. The applicant has identified building
envelopes with ample rear and side yams, however, a number of trees will need to be removed.
s
REGULAR MEETING
OCTOBER 14,188]
MWUTES
Staff has recommended approval with the attached 14 Conditions. The application was originally
approved administratively but several letters were submitted requesting a public hearing.
McLaughlin showed transparencies and explained how adoption of the street connection occurred.
PUBLIC HEARING
STEVE MORJIG, 610 Chestnut Street,,stated he worked the project into the adopted Transportation Plan
map as required. He does not believe the Commission can even look at other street alternatives. He
said a three foot sidewalk is proposed on the Weller Lane connection. He met with the Tree
Commission and has provided a tree preservation plan. He has worked out a tentative agreement with
Keevils (Tax Lot 2001) that ff Morjig provides sewer, Keevil will abandon his easement. He is in
agreement with the conditions except Condition 2.
DAVE HAMMOND, 31 Newtown, Medford, explained this was a difficult site with constraints by widths of
the existing rights-of-way and there is a significant vertical difference between the street that exists and
the lower shelf of the property. They have done profiles and cross sections and they believe they can
come up with an acceptable design for the street. There will be final review by the City Engineering staff
with which he agrees.
Howe asked what the slope is at the first part of the Forest extension. Hammond and Morjig said it was
18 percent, with seven percent at the pad.
Briggs inquired how sidewalks would be done on the steepest portion. Morjig said it will be just along
the right side. McLaughlin said the steepest sidewalk in town that gets lots of use is along Fork and this
is similar. Morjig agreed that some corrugation in the concrete would be advisable.
McLaughlin explained Condition 2 refers to timing with regard to bonding. The wording of Condition 2
will can be changed to read: That all public improvements associated with the extension and
construction of Forest Street shall be designed prior to the signature of the final survey plat. Forest
Street improvements to be bonded in accordance with the approved plan prior to the issuance of a
building permit for parcel 3. Street to be constructed prior to an issuance of a certificate of occupancy
for a home on Lot 3 or further partitioning of Lot 3".
McLaughlin clarified Condition 8 "That all easements and 'public right-of-way'......
Jarvis read a letter from Patricia Wolfe favoring the application.
TOM KEEVIL, 600 Ashland Street, stated he currently has utility and vehicle access from Ashland Street.
He would encourage the Commission to keep the Transportation Plan Map as approved. He believes
the proposal presented is the best plan for development. He is concerned that he have reasonable
access to the driveway rather than minimal legal access. He is also concerned that all of his utilities
may go through seven other properties. He wondered ff a decision could be made to stub his utilities
off Forest Street.
MARK AND JINI DANIS, 620 Weller Lane, showed a video of their property and the surrounding area.
J. Danis questioned the wording of the proposal itself. Ordinance 18.08.560 states a minor land partition
does not create a road or street. Is it a minor land partition or a major land partition? With the
e
REGULAR MEETING
OCTOBER 14,1897
MINUTES
i3
proposed future development, it is a subdivision versus a minor land partition. She understands the
need for access to the proposed lots, but what is the long-term use of this road? She would propose
access by a private way (18.76.180). There currently exists an easement off Ashland Street that is 20
feet wide that would be adequate.
M. Danis said the City did not discourage them from putting in the road in. He knew there was a risk
but he did not think it was likely at the time that the neighbors would develop. He showed a
transparency of the area and asked the Commission to consider using Forest Street as a pedestrian and
bikeway and a cul-de-sac from Forest over to the Keevils.
JEFF WERLICH, 610 Weller Lane, presented a petition signed by residents to be entered into the record.
He was aware there was a potential of a road being punched through. He has a problem with the steep
grade exceeding what the City now allows. He cannot imagine someone going up the icy grade on
Forest, stopping and getting started again.
Molnar read the petition.
RANDY VORIS, 630 Weller Lane, believes this is similar to the intersection of Church and Scenic. Weller
Lane is a very narrow street and does not support this type of intersection. It will only service one
house and will take out 18 trees in the making. Voris believes there will be a danger to children who
now play in the street. He would propose the existing easement going through to Keevil's property
would be a better solution for a road as it is flat, straight and already established. Later on, tie in Forest
and make a cul-de-sac.
PETER DODD, 640 Weller Lane, said the steep part of Forest reminds him of Morton Street. He has
seen cars skid down Morton when it is icy and bouncy off the curb to keep from going through the
STOP sign. He believes this will be the same kind of situation. Cars coming from the cul-de-sac will not
be able to see cars coming from Forest. He agrees a better solution would be using the gravel road
from Ashland.
ED HOUGHTON, 219 Logan Drive, felt cutting through Forest would make a hazardous condition and
will effect the ambience and livability of the existing neighborhood. He signed an agreement favoring
future street improvements for that area, but he felt he was forced to do so in order develop.
Staff Response
McLaughlin said the City Council adopted the street design. The connection was already part of the
Street Dedication Map. In 1992, the Council deleted the part that connected past Badger's (existing
house in proposed project). The Land Use Ordinance requires that dedication of future right-of-way be
done with the partition and to not do it is a variance. To not follow the Comprehensive Plan
requirements is beyond the Commission's discretion. While there has been a lot of testimony regarding
the street, the Commission's actions are limited. The Commission has to follow the adopted plan.
Requests can be made to the Council to change the plan. It can be initiated by an application filed by
neighbors or property owners. Both the Comprehensive Plan Map and requirement of dedication of
right-of-way are in place at this time.
Jarvis explained when the map was adopted there were a number of public hearings so this is not
something that came up suddenly.
REGULAR MEETING
OCTOBER 14,1897
MINUTES
Howe asked if the minor land partition is an appropriate vehicle for this action. McLaughlin said State
law has changed with regard to the major/minor land partitions. State statute does not allow cities to
recognize a difference. A partition is a partition. The Commission has the right to impose conditions as
though it were a subdivision. However, the applicant is choosing to develop only a few lots in the first
phase. The City's ordinance refers to major and minor land partitions. State law supersedes it at this
time with some new legislation. That part of the ordinance needs to be changed.
Rebuttal
Morjig only envisions four residents travelling up Forest to Weller and they will probably not use the 18
percent grade when it is icy.
Hammond agreed that the discussion of grade is valid. It is steep but they will stay within the design
standards established by the City.
COMMISSIONERS DISCUSSION AND MOTION
Briggs understands the road didn't just show up and the neighbors on Weller Lane were aware this was
going to happen.
Howe agrees the small extension of Forest will not be used once the extension across the Wolfe
property goes through and the main exit will be more directly toward Ashland Street. She was in the
Bay area during the Oakland fires. Without the adopted Forest Street connection, it would leave the cul-
de-sac on Weller in a wooded area, highly vulnerable to forest fire with only one way to getting out. She
saw the remnants of what was left after people were stuck and couldn't get out during a fire. It is
frightening. The idea of having connections in the forest zone is so important. People have to be able
to get out.
Hearn said this already part of the plan and the Commission has no jurisdiction to anything about any of
this. He moved to approve PA97-084 with conditions as set forth. Howe seconded the motion. The
motion carried with Gardiner voting "no".
Howe moved to continue the meeting to 10:30 p.m. The motion was seconded and carried.
PLANNING ACTION
REQUEST FOR OUTLINE PLAN APPROVAL AND A LOT LINE ADJUSTMENT FOR A SEVEN-LOT
SUBDIVISION UNDER THE PERFORMANCE STANDARDS OPTION FOR THE PROPERTY LOCATED
ON TOLMAN CREEK ROAD ACROSS FROM BARBARA STREET.
APPLICANT: ANDREA SHAPIRO
Site Visits and Ex Parte Contacts
Site visits were made by all.
STAFF REPORT
Molnar stated the applicant proposed to extend a new street in from Tolman Creek Road going directly
into the property, turn right and stub out against the property to the south. The Commissioners had a
site visit a couple of months ago. He noted there is a vacant five acre parcel to the south and an eight-
LAND PLANNING COMMISSION 9
REGULAR MEETING
OCTOBER 14,1997
MINUTES
ASHLAND PLANNING DEPARTMENT
STAFF REPORT
October 14, 1997
PLANNING ACTION: 97-084
APPLICANT: Steve Morjig
LOCATION: 610 Ashland Street
ZONE DESIGNATION: R-1-10-P
COMPREHENSIVE PLAN DESIGNATION: Single Family Residential
ORDINANCE REFERENCE: 18.20 R-1 Zoning District
18.76 Partitions Chapter
18.82 Street & Greenway Dedications
REQUEST: Three-lot Minor Land Partition, including the extension and partial construction
of Forest Street.
L Relevant Facts
1) Background - History of Application:
In November 1992, the Commission approved a Minor Land Partition at 610
Ashland Street to divide a parcel into two lots with access to Parcel 2 (existing
home) by way of a flag drive off Ashland Street. The Commission's decision
included a variance to waive the paving requirement for the existing driveway
and a variance to waive the street dedication requirement for the property
(PA92-102).
In December 1992, the City Council approved a request for an amendment to
the Street Dedication Map of the Ashland Comprehensive Plan, deleting a
portion of a required street dedication between Cascade Street and Weller Lane
(PA92-104).
There are no other planning actions of record for the site.
2) Detailed Description of the Site and Proposal:
The application involves a 2.16 acre parcel located on the south side of
Ashland Street, between Weller Lane and Morton Street. The southwest comer
of the parcel abuts an undeveloped section of street right-of-way planned for
the future extension of Forest Street. The property is heavily wooded in areas,
consisting primarily of pine, fir and madrone trees. There is an existing
A;
residence located on the property a few hundred feet from Ashland Street and
is served by an unimproved driveway extending from Ashland Street.
The proposal is to divide the property into three lots. Two lots (Parcels 1 & 2)
will be accessed from Ashland Street via the existing driveway, while Forest
Street will be extended from the top of the Weller Lane cul-de-sac to access the
third lot. The applicant has indicated an intention to further divide the property,
ultimately resulting in a total of six lots. A master plan reflecting the final
build-out of the site has been included with the application.
As noted above, the proposal includes the extension of the unimproved section
of Forest Street, from upper Weller Lane and then along a portion of the south
and east perimeter of the property. The unimproved section of Forest Street is
proposed to be constructed to a 20' wide pavement width, and incorporate curb
and gutter (one side) and storm drainage facilities. The extension and
dedication of Forest Street is identified on the City's Transportation Plan map
and is required by ordinance as part of any application involving a division of
the property. The Transportation Plan map identifies Forest Street as eventually
connecting the upper end of Weller Lane to the lower section of Morton Street.
II. Project Impact
Forest Street Extension
Forest Street will be extended eastward from where it intersects the top of Weller Lane
and follow the southerly and a portion of the project's east boundary line. The street
will be improved to a "half' street standard. This includes an asphalt driving surface
20 feet in width (two 10 foot travel lanes) and curb and gutter on the north and west
side to control surface run-off. A full width, street improvement will be constructed
along the existing, unimproved section of Forest Street that was dedicated as part of
the Weller Lane Subdivision. In addition, a public sidewalk will be constructed along
the south side of that one section of Forest Street. Given the development potential of
the properties south and east of the project, the remainder of the street would be
constructed at the time those properties are subdivided. That improvement would likely
include some additional pavement widening (optional), curb and gutter, and the
continuation of the public sidewalk system.
Street dedication map
The City's official street dedication map identifies Forest Street connecting
lower Morton Street to upper Weller Lane. This required street dedication
PA97-084 Ashland Planning Department -- Staff Report
Steve Morjig October 14, 1997
Page 2
adjoins the southerly and easterly boundary (only a portion) of the proposed
site. The dedication of right-of-way for the extension and construction of Forest
Street is required as part of partitioning the property as noted in the following
section of the Street and Greenway Dedications chapter:
18.82.060 Dedication Required Prior to Final Approval.
A. Dedication of the future right-of-way for a street or greenway is
required prior to final action on a partitioning, subdivision, or
development requiring a planning action.
Staff recognizes that the extension of Forest Street will result in a significant
change to the two properties in the Weller Lane Subdivision, adjacent to the
currently unimproved section of Forest Street (Tax lots 2100 & 2128). The
Forest Street connection between Morton Street and Weller Lane has been
depicted on the City's Transportation Map for several years. Amendments to
this portion of the City's street dedication map were considered by the
Commission and Council in late 1992. The Commission recommended and the
Council affirmed that Forest Street would ultimately provide a desired
connection between the lower Morton Street area and upper Weller Lane. The
connection is consistent with the implementation of City Transportation
Element Policies. Specifically, Policy X-32 states:
Interconnections between residential neighborhoods shall be encouraged
for automobile, pedestrians and bicycle traffic, but non-local traffic
shall be discourage through street design, except for boulevards,
avenues and neighborhood collectors. Cul-de-sac or dead-end street
designs shall be discourages whenever an interconnection alternative
exists. Development of a modified grid street pattern shall be
encouraged for connecting new and existing neighborhoods during
subdivisions, partitions, and through the use of the Street Dedication
Map.
The policy is intended to support a more traditional style of development,
allowing for an interconnected neighborhood street network which spreads out
local traffic by providing multiple ways to reach the same point. Multiple
interconnections and shorter block lengths mean that trips are more direct and
shorter in distance.
Proposed street improvements
As discussed earlier, a partial improvement of Forest Street will be constructed
PA97-084 Ashland Planning Department -- Staff Report
Steve Morjig October 14, 1997
Page 3
along the south and east boundaries of the project. A full street improvement,
including curb & gutter on both sides and a sidewalk on the south side, is
proposed for the existing, 100' section of Forest Street right-of-way that was
dedicated as part of the Weller Lane Subdivision. A private driveway was
constructed within the right-of-way as part of the home construction at 620
Weller Lane, and will need to be removed to accommodate the extension of
Forest Street. A letter/agreement (Exhibit S-2) is on file with the Engineering
Division, approving the construction of the driveway in City right-of-way. The
agreement, however, recognized that Forest Street would some day be extended
to lower Morton Street and improved as a public street. Consequently, the
agreement included the following condition:
It shall be understood that should the right-of-way be developed in the
future as a public street, all private driveway improvements constructed
therein shall be removed and that the new street grade may not match
the grade of the driveway.
Staff would like to insure that the transition between this new section of Forest
Street and driveway access to 620 Weller Lane is as smooth as possible. A
condition of approval requires that the final driveway profile be reviewed as
part of the public street construction documents and approved by the
Engineering Division.
Tree Preservation, Removal and Management
The site is heavily wooded. The proposed extension of Forest Street and its physical
dimensions have taken into consideration the wooded nature of the property by
attempting to minimize the total number of trees requiring removal. A minimum
pavement width of 20 feet has been proposed for Forest Street and building envelopes
have been situated in such away to reduce tree removal and disturbance to root zones.
However, due to the significant number of mature trees on the property, a dozen trees
or so will need to be removed to construct the north to south section of the new street.
While no trees are located in the building envelope for parcel 1 and only five trees in
the envelope for parcel 3, there will no doubt be additional trees removed at'a future
date when the property is further partitioned. This is evident on the "Future Master
Plan" provided as part of the application, showing a later phase involving the creation
of three additional lots (total of six).
The applicant, who is also a building contractor, has proposed a supplemental tree
management plan to provide guidance during street and home construction. A certified
arborist will be consulted prior to street and home construction and precautionary
measures will be implemented to minimize disturbance and intrusion into root zones.
PA97-084 Ashland Planning Department -- Staff Report
Steve Morjig October 14, 1997
Page 4
147
While over a dozen trees are identified for removal as part of a possible future phase
(creating a total of six lots), the total number of trees to be removed may be less
depending upon the resulting custom home design.
Provision of Public Facilities
All public facilities necessary to service the project are available and will be installed
during street construction. Sewer, water and electric service will be extended from
Ashland Street and/or Weller Lane. The water main will be extended southward from
Ashland Street and connected to the water line in Weller Lane to provide a looped
system. This will provide for better line pressure, resulting in better operating
performance for the new hydrant. Surface run-off from the new street extension will
be directed along the curb to the City's storm drain system.
Future Development Potential
As noted above, the size of the property allows for the future creation of additional
lots. The applicant has indicated in the application that three additional lots will likely
be created at a later date, bringing the total number of lots to six. The "Future Master
Plan" included with the application indicates lot dimensions (all in excess of 10,000 sq.
ft.) and building envelope locations for those future parcels.
The tax assessor maps shows two large, under-developed lots (#1900 & #2001) east
and south of the project. The future development of these properties will likely trigger
the finishing off of Forest Street, including its ultimate connection to the existing short
section of Forest Street located off the lower end of Morton Street.
III. Procedural - Required Burden of Proof
The criteria for approval of a Partition are outlined in 18.76 and are as follows:
A. The future use for urban purposes of the remainder of the tract will not be
impeded.
B. The development of the remainder of any adjoining land or access thereto will
not be impeded.
C. The tract of land has not been partitioned for 12 months.
D. The partitioning is not in conflict with any law, ordinance or resolution
PA97-084 Ashland Planning Department -- Staff Report
Steve Morjig October 14, 1997
Page 5
oZ 0
applicable to the land.
E. The partitioning is in accordance with the design and street standards
contained in the Chapter on Subdivisions.
F When there exists adequate public facilities, or proof that such facilities can be
provided, as determined by the Public Works Director and specified by City
documents, for water, sanitary sewers, storm sewer, and electricity.
G. When there exists a 20 foot wide access along the entire street frontage of the
parcel to the nearest fully improved collector or arterial street, as designated in
the Comprehensive Plan. Such access shall be improved with an asphaltic
concrete pavement designed for the use of the proposed street. The minimum
width of the street shall be 20 feet with all work done under permit of the
Public Works Department.
1. The Public Works Director may allow an unpaved street for access for a
minor land partition when all of the following conditions exist:
a. The unpaved street is at least 20 feet wide to the nearest fully
improved collector or arterial street.
b. The centerline grade on any portion of the unpaved street does
not exceed ten percent.
2. Should the partition be on an unpaved street and paving is not required,
the applicant shall agree to participate in the costs and to waive the
rights of the owner of the subject property to remonstrate both with
respect to the owners agreeing to participate in the cost offull street
improvements and to not remonstrate to the formation of a local
improvement district to cover such improvements and costs thereof. Full
street improvements shall include paving, curb, gutter, sidewalks and the
undergrounding of utilities. This requirement shall be precedent to the
signing of the final survey plat, and if the owner declines to so agree,
then the application shall be denied.
H. Where an alley exists adjacent to the partition, access may be required to be
provided f•om the alley and prohibited from the street.
IV. Conclusions and Recommendations
Staff believes that the proposal complies with all applicable standards associated with a
partition request and recommends approval of the application with the following
PA97-084 Ashland Planning Department -- Staff Report
Steve Morjig October 14, 1997
Page 6
attached conditions:
1) That all proposals of the applicant be conditions of approval unless otherwise
modified here.
2) That all public improvements associated with the extension and construction of
Forest Street be designed and bonded for prior to the signature of the final survey
plat. Forest Street improvements to be constructed in accordance with the approved
plan prior to the issuance of a building permit for parcel 3.
3) That Forest Street construction documents be prepared by a licensed, Oregon
civil engineer, and be reviewed and approved by the Ashland Engineering and
Planning Divisions prior to proceeding with construction.
4) That the Forest Street construction drawings include allowance for a 4' wide,
level pedestrian path along the north and west side. Drawings to also include driveway
approach information for the existing driveways located at 620 Weller Lane and 600
Ashland Street (Tax lots #2128 and #2001). Final driveway profiles to be reviewed
and approved by the Ashland Engineering Division.
5) That the recommendations of the Tree Commission be incorporated into a
revised site, size and species specific landscaping plan at the time of Final Plan
approval.
6) That all requirements of the Ashland Fire Department, including but not limited
to adequate hydrant flow, spacing and installation be complied with prior to the
signature of the final survey plat.
7) That easements be designated on the final survey plat for all shared driveways
and walkways.
8) That all easements for sewer, water, electric, and streets be indicated on the
final survey plat as required by the City of Ashland.
9) That the subdivision as a whole, sign in favor of a local improvement district
for the installation of sidewalks along Ashland Street prior to the signature of the
final survey plat.
10) That a copy of the CC&R's indicating responsibility for compliance with the
Tree Management Plan, which designates tree removal allowance, tree preservation and
protection methods, be submitted for review and approval by the Staff Advisor prior
to the signature of the final survey plat.
PA97-084 Ashland Planning Department -- Staff Report
Steve Morjig October 14, 1997
Page 7
ocrC
11) That temporary fencing be installed around the drip line of the trees to be
preserved prior to any site preparation (i.e. grading), storage of materials on the
property, the use of vehicles on the property or issuance of a building permit.
12) That the following measures be incorporated during the project's development
to ensure the health of mature trees to be preserved:
a. The amount of fill within the dripline shall be minimized. Fill to consist
of a sandy composition, rather than clay, to enhance drainage.
b. Cuts within the dripline to be hand-cut and kept to a minimum.
C. No fill to be placed around the trunk/crown root.
13) That any violation of either condition II or 12 caused by..the.applicant or
property owner, resulting in the death of a tree within two years, requires that the dead
tree be replaced by a comparable tree (2" in caliper) that will grow to a comparable
maximum height with a similar canopy spread.
14) That the a final utility layout be presented for review and approval by the Staff
Advisor prior to the signature of the final survey plat. Utility layout to be designed to
minimize the routing of utilities through the driplines of trees noted for preservation.
PA97-084 Ashland Planning Department — Staff Report
Steve Morjig October 14, 1997
Page 8
�3
ASHLAND STREET TREE COMMISSION
I J SITE REVIEW
'�I
Applicant �` t }2 rw-I i n Date (D
Address Commercial Residential ✓
Proposed Action:
-Jree rv�c�c�cFC���v (ct✓,�
Recommendation:
PP fo
l'� CE:h/J 12
Street Tree Commission Representative Date
Follow-up:
Lxl��b• 3r
CITY OF ASHLAND �.
CITY HALL
ASHLAND,OREGON 97520
telephone(oode 503)482-3211
February 3 , 1989
Mr. Mark Danis
1073 E. Main Street
Ashland, Oregon 97520
RE: Construction of Private Drive
on Public Right of Way
Dear Mr. Danis:
You are hereby granted permission to construct driveway
improvements on the unopened section of the Forest Street right of
way as dedicated to the City on the plat of Weller Lane, P.U.D. ,
Phase II , with the following conditions:
1 . It shall be understood that the driveway will be used
solely as access to lot 15 , block 1 of Weller Lane P.U.D. , Phase
II , and in no way shall be deemed as a public access.
2 . It shall also be understood that should the right of way
be developed in the future as a public street, all private
driveway improvements constructed therein shall be removed and
that the new street grade may not match the grade of the driveway.
3 . The driveway may be surfaced with either portland cement
or asphalt concrete pavements. The surfacing shall begin at the
curb with standard driveway configuration.
4 . The City of Ashland shall be held harmless for any
personal injury or property damage resulting from the use at the
Forest Street right of way:
Please signify your understanding and acceptance of the
above mentioned conditions by signing below and returning this
letter in the enclosed envelope.
Sincerely,
V�
James H. Olson
Asst. City Engineer
cc: Steve Hall
John McLaughlin
UNDERSTOOD AND ACCEPTED DATE
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BEFORE THE ASHLAND CITY COUNCIL
December 15, 1992
IN THE MATTER OF PLANNING ACTION #92-104 , REQUEST FOR AN)
AMENDMENT TO THE STREET DEDICATION MAP OF THE ASHLAND ) FINDINGS,
COMPREHENSIVE PLAN, MODIFYING THE EXISTING DEDICATION ) CONCLUSIONS
BETWEEN MORTON STREET AND WELLER LANE ON FOREST STREET. ) AND ORDERS
APPLICANT: CITY OF ASHLAND )
--------------------------------------------------------
RECITALS:
1) The property involved is located south of Ashland Street between
Weller Lane and Morton Street and is zoned R-1-10-P; Single Family
Residential.
2) The applicant is requesting an amendment to the Street Dedication
map of the Ashland Comprehensive Plan, modifying the future Forest
Street dedication between Morton Street and Weller Lane.
3) Type III amendments may be approved when one of the following
conditions exist:
a) A public need, supported by the Comprehensive Plan.
b) The need to correct mistakes.
C) The need to adjust to new conditions.
d) Where compelling circumstances relating to the general public
welfare require such an action.
4) The Planning Commission, following proper public notice, held a
Public Hearing on November 10, 1992 , at which time testimony was
received and exhibits were presented. The Planning Commission
recommended that the City Council approve the application as presented.
5) The City Council, following proper public notice, held a Public
Hearing on December 15, 1992, at which time testimony was received and
exhibits were presented. The City Council approved the application as
presented.
Now,. therefore, The Ashland City Council finds, concludes and recommends
as follows:
SECTION 1. EXHIBITS
For the purposes of reference to these Findings, the attached index
of exhibits, data, and testimony will be used.
..31
Staff Exhibits lettered with an "S"
Proponent's Exhibits, lettered with a "P"
Opponent's Exhibits, lettered with an "O"
Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an
"M"
SECTION 2 . CONCLUSORY FINDINGS
2 . 1 The City Council finds that it has received all
information necessary to make a decision based on the Staff
Report, public hearing testimony and the exhibits received.
2 .2 The City Council finds that the proposal to amend the Street
Dedication. map. of the Ashland Comprehensive Plan is necessary to
correct mistakes as outlined under 18. 108.060 B.
2. 3 The City Council finds that due to the development of the
Weller Lane subdivision and the construction of a residence at 610
Ashland Street it is no longer possible to extend Forest Street
over to the northern portion of Weller Lane. The Council emphasizes
that this deletion involves only a short segment of the future
Forest Street which passes through the center of tax lot 2000,
approximately 325 feet south of Ashland Street.
2 .4 The City Council finds that the notice mailed and published
regarding this action limited the review to only the modification
of the short section of Forest Street, and did not allow for the
consideration of other future street dedication options.
Therefore, the Council limits any decision only to that portion of
the street dedication indicated on the mailed notice map.
2 .4 The City Council finds that a street connection between
Morton Street and Weller Lane via Forest Street, with its gentle
grade. change, ' will facilitate local bicycle, pedestrian and
automobile traffic between neighborhoods. The Council finds that
establishing interconnections between neighborhoods through the
establishment of a modified-grid pattern provides for a more
efficient, convenient transportation network by facilitating the
use of alternative forms of travel (i.e. , bicycle, public transit,
and pedestrian) , and provides needed alternatives for emergency
service vehicles.
SECTION 3 . DECISION
3. 1 Based on the record of the Public Hearing on this matter, the
Ashland City Council concludes that the proposed amendment to the Street
Dedication map of the Ashland Comprehensive Plan, modifying the future
Forest Street dedication between Morton Street and Weller Lane is
supported by evidence in the record and necessary to correct mistakes.
Therefore, based on our overall conclusions, the Ashland City Council
approves Planning Action 92-104 with the amendment as indicated on the
attached exhibits, deleting the connection of Forest Street to lower
Weller Lane.
Catherine Golden, Mayor Date
l %
Nan Fraelin:t1ty Recorder Date
ORDINANCE NO. a�.9e
AN ORDINANCE MODIFYING POLICY X-3-h OF THE ASHLAND
COMPREHENSIVE PLAN (Transportation Element - Street Dedications and
Design), TO ENCOURAGE INTERCONNECTED STREET NETWORKS AND
DISCOURAGE CUL-DE-SAC OR DEAD END STREET DEVELOPMENT.
(Planning Action 92-M)
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Policy X-3-h of the Ashland Comprehensive Plan, Transportation Element,
Street Dedications is modified in its entirety and adopted as follows:
"Interconnections between residential neighborhoods shall be encouraged for
automobile, pedestrian and bicycle traffic, but non-local automobile traffic shall
be discouraged through street design, except for arterials, collectors, or sub-
collectors. Cul-de-sac or dead-end street designs shall be discouraged whenever
an interconnection alternative exists. Development of a modified-grid street
pattern shall be encouraged for connecting new and existing neighborhoods
during subdivisions, partitions, and through use of the Street Dedication Map."
The foregoing ordinance was first read on the 19a day of �.�«•
1993 and duly PASSED and ADOPTED this day of
1993.
Nan E. F anklin
City Recorder
SIGNED and APPROVED this day of , 1993.
�e, �
t1erine M. •olde�
Mayor
A ve as f r
Paul N Ite
City Attorney
i
s`
3 �
\ G ` o
APPLICATION FOR A THREEILOT MINOR LAND PARTITION �,9gJ
NARRATIVE
The subject property at 610 Ashland Street is described as:
Parcel No. two (2) of Partition Plat recorded January 14, 1994 as Partition
Plat No. P-5-1994 of "Record of Partition Plats" in Jackson County,
OREGON, and filed as Survey No. 13810 in the office of the County
Surveyor. (Code 5-1, Account #1-9359-3, Map #391E16AB Tax Lot #2000.)
The roughly 94,000 square foot parcel will.be divided into three parcels.
Approximate sizes are 1) 25,150 square feet;2) 14,130 square feet and 3)
43,050 square feet. Lot #1 will eventually be able to be divided into two lots
and lot #3 will eventually be able to be divided into three lots. All lots will be
over 10,000 square feet and meet the city of Ashland's zone requirements. At
least three on-street parking spaces will be provided if Lot #3 is partitioned.
The Planning Department believes there are certain issues that should be
addressed before subject property is partitioned. The two most important
issues are: 1) the road coming off of Weller Lane that will eventually connect
with Forest Street; 2) the sensitivity to the significant trees existing on
approximately half of the property.
The road of Weller Lane to the southerly portion of the property will be able to
access Lot #3 as well as the Kieval Property adjacent to Lot #3. It will go
through a right-of-way given to the city of Ashland over ten years ago for the
purpose of a connection to Forest Lane. The right-of-way grant was required
prior to the approval of the Wellar Lane Subdivision. This concept of a road
connection has also been approved by the city of Ashland as part of the
Ashland Transportation Plan. It will eventually make the non-conforming Weller
Lane cul-de-sac a legal, conforming road cul-de-sac.
The trees in the southerly portion of the subject property are approximately 50
foot pines and firs and other significant madrones. The road and building
envelopes are designed to minimize impact on these trees. Consultation with a
Certified Arborist will be done concerning the best ways to preserve trees prior
to final engineering and final plat approval. We consider the trees to be an
asset and we have a history of taking extra measures for their protection.
FINDINGS OF FACT; DISCUSSION; CONCLUSIONS OF THE LAW
Minor Land Partition
ALUO S 18.76.050 Preliminary Approval by the Planning Commission. If
the proposed partition does not appear to comply with the requirements for
routine administrative approval; a preliminary map shall be submitted to the
Planning Commission and approved when the following conditions exist:
Criterion
A. The future use for urban purposes of the remainder of the tract under the
same ownership will not be impeded.
Findings of the Fact: By making this minor land partition the remainder of this
tract will not be impeded.
Discussion; Conclusions of the Law: The proposal is concluded to be
consistent with the cited criterion.
Criterion
B. The development of the remainder of any adjoining land or access thereto
will not be impeded.
Findings of the Fact: The plan is designed in such a way as to not impede
any adjoining land or access thereto. The plan is especially designed to help
access to other adjoining land.
Discussion; Conclusions of the Law: Access to adjoining parcels will not be
impeded and the application is found to comply with the cited criteria in all
respects.
Criterion
C. The tract of land has not been partitioned for twelve (12) months.
Findings of the Fact; Discussion; Conclusions of the Law: According to the
records of the Jackson County Assessor and Jackson County Surveyor, the
subject property has not been partitioned for more than twelve (12) months.
36
Criterion
D. The partitioning is not in conflict with any law, ordinance or resolution
applicable to the land:
Findings of the Fact; Discussion; Conclusions of the Law: We believe that
this document addresses all relevant substantive criteria upon which a decision
on the partitioning application must be based. The proposed partition is
concluded to be consistent and does not conflict with any law, ordinance or
resolution applicable to the subject property.
Criterion
E. The partitioning is in accordance with the design and street standards
contained in the Chapter on Subdivision.
Findings of the Fact: The street right-of-way shall be dedicated to the city of
Ashland at the time of final recordation of the minor land partition. Building
permit on Parcel #3), the forested parcel, will not be given until road
improvements have been completed and passed by the city of Ashland. The
road to lot #3 shall be a minimum of 20 feet with a minimum of three (3) on-
street parking areas. The private driveway, serving Lot #1 and Lot #2 will be at
least 25 feet with a 20 foot wide paved surface. Easements will be provided for
the use of un-owned portions of the common driveway. A maintenance
agreement for this driveway will be recorded at the time the plat is recorded. A
A turn around area for Forest Street will be dedicated for that purpose with no
parking enforced.
Discussion; Conclusions of the Law: The proposed minor land partition
complies in all respects with design and street standards contained in ALUO
CHAPTER 18.80 (SUBDIVISIONS).
Criterion
F. When there exists adequate public facilities, or proof that such facilities can
be provided, as determined by the Public Works Director and specified by City
documents for water, sanitary sewers, storm sewer, and electricity.
Finding of the Fact: No city department responsible for providing public
facilities or utilities indicated any limitations which would preclude the subject
use.
Discussion; Conclusions of the Law: Adequate capacity exists for public
water, sewer, paved access to and through the development, electricity, urban
3�
storm drainage, and adequate transportation to and through the subject
property.
Criterion
G. When there exists a twenty (20) foot wide access along the entire street
frontage of the parcel to the nearest fully improved collector or arterial street, as
designated in the Comprehensive Plan. Access to be improved with an
asphaltic concrete pavement designed for the use of the proposed street. The
minimum width of the street shall be twenty (20) feet with all work done under
permit of the Public Works Department.
Findings of Fact: The subject property shall be accessed from Ashland Street
and Weller Lane.. Both streets have over twenty (20) feet of paving.
Discussion; Conclusions of the Law: We conclude that the partitioning
application is consistent in all respects with cited criterion.
Criterion
H. Where an alley exists adjacent to the partition, access may be required to
be provided from the alley and prohibited from the streets.
Discussion; Conclusions of the Law: This condition does not exist and we
conclude that the partitioning application is consistent with the cited criterion.
Ultimate Conclusions: Based upon the evidence and the stipulations of the
applicant, it is ultimately concluded that the proposed partitioning is consistent
in all respects with all of the relevant substantive criteria contained in ALUO
#18.76.050, each of which have been separately addressed above, and with
the physical standards in ALUO CHAPTER 18.76 and the ALUO as a whole.
Respectfully submitted.
Steven H. Morjig
qUG,
TREE MANAGEMENT PLAN �8199,
When the road and houses are built on the southerly portion of
subject property, trees will have to be removed. The road has been
designed to minimize impact by making it only 20 feet wide. Three to
four on street parking spots will be placed such that no trees will be
removed. Sidewalks will be on only one side of the road, narrower, and
possibly meandering away from curb to miss significant trees. Building
envelopes in the possible three lots are designed to save as many
significant trees as possible. Certain trees in building envelopes will not
necessarily be removed. Practices in areas where trees are near
building envelopes or roads will include:
1) Consulting a Certified Arborist in dealing with trees near buildings.
2) Consulting a Certified Arborist in the final locations of building
envelopes.
3) Marking trees to be protected prior to building roads and houses.
4) Storing lumber in a way to protect tree roots.
5) Establishing the safest place for concrete wash-out.
6) No change in ground elevation within the drip line of trees
designated for conservation.
� 9
AUb
pg,4?
FIRE PREVENTION PLAN
The subject property is at 610 Ashland Street. The application is for
a 3 lot minor land partition. I shall address wildfire management as if the
southerly portion that is heavily forested is divided again into 3 lots. This
will happen in a future phase.
First, as inspected by Don Paul of the Ashland Fire Department,
there is very little dead and dying vegetation on the entire property. It
will be removed. Also, there are a few acres of native, fast burning
shrubs. Those will be thinned.
Primary Fuel Breaks—fuel breaks will be installed, maintained, and
shall extend a minimum of 30 feet on the property line, whichever is less.
Secondary Fuel Breaks—will be installed, maintained, and shall
extend a minimum of 100 feet beyond the primary fuel break where
surrounding landscape is owned and under control of property owner
during construction.
All Structures shall be constructed or re-roofed with Class B or
better non-wood root coverings.
This plan will be a part of the covenants, code and restrictions
attached to any house built on subject property.
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�r
October 14, 1997 OCT 14 1997
Ashland Planning Commission
Ashland Planning Department
20 East Main Street
Ashland OR 97520
Dear Commissioners,
RE: October 14 Meeting
Minor Land Partition at 610 Ashland Street
I live at 650 Forest Street and am owner of the five acres of land adjoining the property at
610 Ashland Street which is on the agenda for a minor land partition. Any decisions made
now will affect my property when it is developed. I see no problem with the minor land
partition, but I have heard of some dissatisfaction with the extension of Forest Street
through Weller Lane. For the record, this access was approved in 1993 (Ordinance 2699),
and I feel it still provides for the most attractive development of both parcels of land.
I plan to attend the Planning Commission meeting on Tuesday, October 14, and will be
happy to answer any questions you might have.
-J
Patricia Wolfe
650 Forest Street
Ashland OR 97520
541-482-5222
City of Ashland
Planning Exhibit
EMBIT 0-
PETITION FOR WELLER LANE DATE b 77S
We the undersigned residents of Weller Lane, Ashland, Oregon,
hereby petition the Planning Commission regarding the proposed
development of Forest Street extension. We believe that due to
increased traffic problems, lack of fire access, the steepness of the grade
of the proposed street, that the Planning Commission should consider an
alternative plan of access from Ashland Street.
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OCT 8 - 199)
JEFFERY AND PATRICIA WERLICH
610 WELLER LANE
ASHLAND, OR 97520
(541) 482-6804
Ashland Planning Commission Re: Planning Action# 97-084
1175 East Main Street Hearing date: Tues. Oct 14, 1997
Ashland, Or 97520
Dear Members of the Planning Commission:
We would like to respectfully request that each member do an on-site visit to the
proposed site of the Forest and Weller Lane connection which ties between 610 Weller Lane
and 620 Weller Lane. In doing so, one can see that the road grade would be very steep and
difficult, at best to exit during winter months. And, more importantly, the driveway at
620 Weller Lane would be severely impacted especially since the home was built very closely
to the property line. Several trees which now provide a privacy screen between neighbors
would have to be removed and others endangered.
To our knowledge, no other plans have been presented other than this one. There is already
an existing road behind these properties which could very easily be used to access the new
development. Why not use this rather than impact 21 families on Weller Lane. There are
alternatives to be looked at here-
Residents of Weller Lane all echo the same sentiment : keep our street a cul-de-dac.
We prefer that it not be a through street with increased traffic. Traffic safety has always been
an issue at every Homeowner's Meeting.
For these reasons, we strongly oppose the road extension, and strongly urge you to look
at any other solutions and to carefully consider our comments.
Sincerely,
leery Werlich Patricia Werlich.
Al
PubforCounl/98
Addressing the Mayor and Council, under the Agenda item: PUBLIC
FORUM
Subject: 1. Request of the City Recorder to make available to the public
names, resumes, and application documents of the six finalists applying for
the position of City Administrator of Ashland, Oregon.
2. In the spirit of inclusion, may I respectfully suggest that you invite
representatives from the Ad hoc Citizen Communication Committee to the
Study Session scheduled for Wednesday, January 21 at 12:30, here in the
council chamber when the finalists will be interviewed. This request is meant
to solicit opinions about what candidate might best represent the community's
interests.
3. The above requests are made in order to assure the citizens of
Ashland that they will have the opportunity to participate in the selection
process for the City Administrator and have a real voice in Ashland's
government.
These requests are supported by recommendations to Ashland's City
Council from the CCC.
The Attorney General's Public Records and Meetings Manual specifies
obligations of freedom of information to the public by any community entity,
and gives foundation to these requests, above.
I welcome a discussion with you here, at this meeting.
I will await your response, in writing, addressed to: Joe Eckhardt,
independent citizen, serving as Vice-Chair of the Ad Hoc Citizens
Communication Committee. 108 Bush Street, Ashland, OR 97520.
phone/fax 482 2760. 1-6-98
0 /05/1998 14:25 5414822760 JOEECKHARDT PAGE 01
PubforCount/98
Addressing the Mayor and Council, under the Agenda item: PUBLIC
FORUM
Subject: 1. Request of the City Recorder to supply copies of names,
resumes, and application documents of the six finalists applying for the
position of City Administrator of Ashland, Oregon.
.2. In the spirit of inclusion, may I respectfully suggest-that you post in
the newspaper the tune, date, and location of the upcoming open meeting of
the City Council study scssion and invite Ashland citizens to attend.
3. Request of Council to invite representatives from the Ad hoc
Citizen Commur;r�tion Committee to the Study Session in which these
"finalists"will be interviewed with the intent of-supplying recommendations
to Council from the Ad hoc CCC as to which candidate may best ft the needs
of the Citizens Communication Committee, as recommended under the
Council approved guidelines submitted in 1997 from the Ad hoc CCC in
1997.
4. The above requests are made in order to assure the citizens of
Ashland that important appointments that vitally affect the future of Ashland
citizens both in obligation of money outlays for salaries and policy
implementation-for Ashland's course in direction of growth are being
addressed by Council.
5. To assure that the recommendations of the Ad Hoc CCC, as
approved by Council in 1997 were taken in good faith and seriously by
council, It is anticipated that the requests above will be complied with.
These requests are supported by documents of recommendations, from
the CCC, available from the Recorder's office.
The Attorney General's Public Records and Meetings Manual specifies
obligations of freedom of infomxation to the public by any community eatity,
and gives foundation to these requests, above.
1,
21/05/1998 14:25 5414822760 JOEECKHARDT • PAGE 02
I will await your response, in writing, addressed to: Joe Eckhardt,
independent citizen, serving as Vice-Chair of the Ad Hoc Citizens
Communication Committee. 108 Bush Street, Ashland, OR 97520.
phone/fax 482 2760. 1-6-98
01/05/1998 14:25 5414822760 JOEECKHARDT PAGE 01
Yu l �ovw� mu.}n'te.OK d 18
a Ga„�'( 'f9,V .
Pubfor66unV98
Addressing the Mayor and Council, under the Agenda item: PUBLIC
FORUM
Subject: 1. Request of the City Recorder to supply copies of names,
resumes, and application documents of the six finalists applying for the
position of City Administrator of Ashland, Oregon.
.2. In the spirit of inclusion, may I respectfully suggest that you post in
the newspaper the time, date, and location of the upcoming open meeting of
the City Council study session and invite Ashland citizens to attend.
3. Request of Council to invite representatives from the Ad hoc
.Citizen Coniniur;r-tion Committee to the Study Session in which these
"finalists"will be interviewed with the intent of supplying recommendations
to Council from the Ad hoc CCC as to which candidate may best fit the needs
of the Citizens Communication Committee, as recommended under the
Council approved guidelines submitted in 1997 from the Ad hoc CCC in
1997.
4. The above requests are made in order to assure the citizens of
Ashland that impottant appointments that vitally affect the future of Ashland
citizens both in obligation of money outlays for salaries and policy
implementation-for Ashland's course in direction of growth are being
addressed by Council.
5. To assure that the recommendations of the Ad Hoc CCC, as
approved by Council in 1997 were taken in good faith and seriously by
council. It is anticipated that the requests above will be complied with.
These requests are supported by documents of recommendations, from
the CCC, available from the Recorder's office.
The Attorney General's Public Records and Meetings Manual specifies
obligations of freedom of information to the public by any community entity,
and gives foundation to these requests, above.
1,
el/05/1998 14:25 5414822760 JOEECKHARDT PAGE 02
1 will await your response, in writing, addressed to: Joe Eckhardt,
independent citizen, serving as Vice-Chair of the Ad Hoc Citizens
Communication Committee. 108 Bush Street, Ashland, OR 97520.
phone/fax 482 2760. 1-6-98
0?/05/1996 14:25 5414622760 JOEECKHARDT PAGE 01
W46UcV�, U V�kr a-
re Y u4,Ff o Fo vu""- r W'lmu,inti ! 6 18
c CGS: (,QO- e le y`e W a 6Ake(
PubforCounV98
Addressingthe Mayor and Council, under the Agenda item: PUBLIC
FORUM
Subject: 1. Request of the City Recorder to supply copies of names,
resumes, and application documents of the six finalists applying for the
position of City Administrator of Ashland, Oregon.
2. In the spirit of inclusion, may I respectfully suggest that you post in
the newspaper the time, date, and location of the upcoming open meeting of
the City Council study session and invite Ashland citizens to attend.
3. Request of Council to invite representatives from the Ad hoc
Citizen Commun;r-tion Committee to the Study Session in which these
"finalists"will be interviewed with the intent of supplying recommendations
to Council from the Ad hoc CCC as to which candidate may best fit the needs
of the Citizens Communication Committee, as recommended under the
Council approved guidelines submitted in 1997 from the Ad hoc CCC in
1997.
4. The above requests are made in order to assure the citizens of
Ashland that impottant appointments that vitally affect the future of Ashland
citizens both in obligation of money outlays for salaries and policy
implementation for Ashland's course in direction of growth are being
addressed by Council.
5. To assure that the recommendations of the Ad Hoc CCC, as
approved by Council in 1997 were taken in good faith and seriously by
council. It is anticipated that the requests above will be complied with.
These requests are supported by documents of recommendations, from
the CCC, available from the Recorder's office.
The Attorney General's Public Records and Meetings Manual specifies
obligations of freedom of information to the public by any community entity,
and gives foundation to these requests, above.
1,
21/05/1998 14:25 5414822760 JOEECKHARDT PAGE 02
1 will await your response, in writing, addressed to: Joe Eckhardt,
independent citizen, serving as Vice-Chair of the Ad Hoc Citizens
Communication Committee. 108 Bush Street, Ashland, OR 97520.
phone/fax 482 2760. 1-6-98
CITY OF ASHLAND * AS.
Administration '
a
Office of the CityAdminlshator
0REGO�
MEMORANDUM
DATE: December 31, 1997
TO: Honorable Mayor and City Council
FROM: Greg Scoles, Interim City Administrator
Jill Turner, Director of Finance
RE: Alternative Financing Plan for the Remodel of City Hall
Background: At the December 2, 1997, Council Meeting, staff was requested to review
the financing options for the remodel of City Hall, so that an alternative could be
considered which would allow the remodel to occur at an earlier date than previously
proposed. The previous plan had the City Hall being remodeled in Fiscal Year 03/04.
A review of the Capital Improvements Plan and General Capital Outlay Account reveal
that the project could be accelerated to an earlier date, provided an additional source
of funding is developed. The attached scenario entitled Future General Capital Outlay
Projects (Jan. 98), provides for the following:
1. Moves construction of the City Hall remodel project to FY-01102.
2. Requires a bond sale in FY-02/03
3. Maintains all other revenue sources as presented to the Council in August
of 1997 (see attached memo dated August 19, 1997). All other revenue
sources in this fund are restricted SDC and LID revenues and can not be
used for this project.
The cash flow requirements for this alternative is included on the attached document.
It should also be noted the 96/97 to 01/02 Capital Improvements Plan identified only
one General Obligation Bond Sale, for the financing of two new Fire Stations. The total
amount of this bond sale was $3.7 million (FY-97/98). If the Council were to choose to
accelerate the City Hall project than it may be prudent to consider combining with the
larger Fire Station project.
The Council's 97/98 Goals included a goal to 'review the Fire Department space needs
and acquire appropriate land as opportunities arise'. Since these two projects may
require similar bond funding, the discussion of accelerating the City Hall project might
be better discussed during the Council's FY-98/99 Goal Setting Session, which will
occur in January or February of this year.
Presently this is an excellent time to borrow money. The Bond Market is extremely
favorable to the City with interest rates at a very low level. It should be noted however,
new General Obligation Bonds require a double majority vote prior to issuance. This
new requirement creates a practical difficulty in obtain voter approval.
Recommendation: It is recommended the Council consider this revised
financing/timing program for City Hall along with a discussion of the Fire Station
improvements at the next Goal Setting session. It is important that the priorities
established for these projects match the actual need for the improvements.
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CITY OF ASHLAND
Administration = v b =
Office of the City Adminlstrator
MEMORANDUM •��••*GO?,.•'�'
DATE: August 19, 1997
TO: Honorable Mayor and City Council
FROM: Brian L Almquist, City Administrator
RE: SPACE NEEDS STUDY
In November of 1996, following the termination of negotiations by the Hillah Temple
leadership, the City Council directed the staff to:
1. Investigate whether all functions now being performed in •City Hall could be
accommodated through remodeling of the existing structure and/or the addition
of a partial third story; and
2. Downsize the proposed building at the East Main site to accommodate only the
Public Works/Engineering staff,with some additional space for Computer Services
.and Fire Administration; and
3. Prepare a financing plan to determine whether both projects could be funded over
the next five to ten years as staffing needs dictate.
At that time, l asked architect Gary Afseth, who prepared the original space needs study
in January of•1993, to work with the affected city departments to see 9 our space needs
could be achieved by the above strategies. Attached is a copy of the final report dated
June 3, 1997 which indicates that it is Indeed possible to meet all of the long-term space
needs projected in the 1993 study, but that a partial third story will be necessary. In
anticipation of that future project, the elevator now under construction at the rear of City
Hall has been designed to allow for future access to the future third floor.
I have asked Gary to update the Mayor and Council at the Wednesday study session on
the methodology used to prepare the updated study, and to present the schematic floor
plans and elevations of both buildings. I will therefore confine my presentation to the
recommended plan for financing these two projects.
EUnO Available: At the present time we have $914,000 in the capital improvement fund
for building construction. From that amount, we are committed to spend an additional
$182,000 for the project now under construction at the rear of City Hall. During the year
we expect$209,000 In revenue and transfers for the 1997-98 fiscal year, resulting in a net
amount available of approximately $872,000.
In addition,we have four other sources of revenue from three sales of city property, and
from repayment of CBDG home rehabilitation loans, as follows:
1. Croman Coro Note No . $72,500 note with annual payments of $7,250 for
interest only. Collectible on 90 days written notice. _
2, ^-omanro Note No. 2. $206,645 balance as of 6/30/97 with monthly P&I
payments of $4,081. Payment currently earmarked for repayment of Downtown
Beautification UD bonds through 1997/98•
3. ^ 4 & Fields A ttraet Ente PAM NMe. $127,571 balance as of 6/30/97 with
monthly P&I payment of$1,722.
4. Qgg g&a_h Loads. Aggregate balance.of $229,776 as of 6/30.97: Repayment
due if property changes ownership, but often notes are repaid when current owner
refinances. The annual amount from repayments have ranged from $15,000 to
$30,000 per year.
- �•�a Construction Costs. Gary Afseth has provided us with estimated
construction costs for each of the proposed projects as follows:
�. ProlectA East Ma/n Addition-The estimated cost of the building is$615,000 plus
$35,000 for engineering and Inspection, and $30,000 for furnishings.
Pralect B Glty Hall Remodel/mlyd Floor-The estimated cost in 1997 dollars is
2
$1,250,000.
bona Range Budget for Both Prole�t - Attached is a long-range budget for both
projects which indicate that both projects can be completed by 2004/05 using current
revenues and Interest earnings. it Is not expected that the second project will be needed
for 5-7 years, so this timing would be ideal.
Recommendation - tt is recommended.that staff be authorized to proceed with a site
review on Project A with bids to be scheduled between December 1, 1997 and January
31, 1998. For Project B, it is recommended that the C.I.P. be amended to include the
foregoing schedule of revenue additions to the project amount for construction in
2004/05.
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Interim City Administrator Greg Styles explained the last page of the report which gave examples of SDC
charges and the changes to be made.
Finance Director, Jill Tuner explained for council why the reduction was being made only to single family
rates. This was done because other rates had received appropriate reductions previously, but that the single
family rate had not been reduced properly.
Turner explained amount of reduction listed in the "Sewer" column under "Single Family (ITE 210)", as a
reduction from $2,255 to $2,123.
Council discussion regarding the possibility of retiring the Food and Beverage Tax earlier than expected. It was
noted that it was not sufficient enough to do this.
PUBLIC HEARING CLOSED: 7:59 p.m.
Councilors Laws/Reid m/s to adopt recommendation to reduce the Wastewater System Development
Charges. Roll, Call vote: Reid, Wheeldon, DeBoer and Laws, YES. Motion passed.
PUBLIC FORUM
John Fields/845 Oak St./Suggested adoption of an overlay for the Railroad District. Concerned about property
across tracks at 4th Street, traffic on A Street and parking issues. Fields would like a plan similar to the
downtown plan implemented for the Railroad District. Mayor Golden noted that Planning Director, John
McLaughlin had provided council with information on what is being implemented in terms of a Railroad District
plan. Noted that this will be included in the upcoming Council Goal Setting session, and that McLaughlin could
make this information available to Mr. Fields.
Brent Thompson/582 Allison St./Concurred with Fields on the need for a Railroad District plan, citing the
need for a pedestrian/bicycle crossing at 4th Street. Noted the 1995 meetings regarding Highway 66, and asked
that the city paint green proposed medians in a noncontroversial area along the highway. Felt that this would
give citizens an idea what medians would be like and allow movement toward making more areas with medians
on Siskiyou Boulevard.
NEW AND MISCELLANEOUS BUSINESS
1. Authorization by Council for Site Review for the construction of a 7800 square foot City office
building located at 1175 E. Main Street (Planning Action 97-100).
t—PUBLIC COMMENT OPEN: 8:05 p.m.
Bob Taber/97 Scenic Dr./Felt that moving City Hall is bad idea. Cited 1988 downtown plan that
recommended City Hall remaining in core of the city. Reminded council of former Governor Roberts strong
recommendation to resist suburbanization of cities. Noted that the moving of City Halls from city cores, have
historically adverse effects on the core's economic health. Felt that the 1993 adopted Resolution was a contract
that had been broken, and that it is an error in judgement to further pursue the relocation of City Hall. Stated
that he had spoken with ninety five business owners in the downtown area who were shocked that this was still
underway. Urged the council to withdraw plans and honor the 1993 adopted Resolution.
Jim Lewis/640 A. St./Agreed with Mr. Taber. Noted the history of the ad hoc Space Needs Study
Committee's process with regard to this issue. Felt that even if a small group of employees were to be moved,
that.the new building proposed represented a large investment by the city away from the core downtown area.
Questioned the amount of space actually needed, and asked that council not make a decision now, but to hold
4
concern, that the logistics of the plan to build on East Main and remodel City Hall are sound and necessary for
the situation.
Councilor Reid noted that 12 years ago, the council had stated that City Hall would stay downtown. Felt that
the city is committed to remaining downtown as investments and projects have repeatedly shown.
Councilor DeEoer noted that the current Public Works and Engineering space being rented at 271/2 N. Main,
cannot be made to comply with the Americans with Disabilities Act (ADA), without considerable expense to
remodeling the rented space.
Councilor Laws noted that for years city employees have been working in inaccessible and unsafe work spaces.
Stated that the council is committed to City Hall remaining downtown. Explained that the timeline was laid out
to meet projected needs for increased city personnel. That the only personnel who have moved are the Street
Department, Electric Department, Water Department and Computer Services. Other than Computer Services,
these departments were previously at an old shop space on A Street and are now closer to downtown core.
Laws stated that there has been no consistent removal of personnel from the downtown City Hall. Felt that the
study has been done, plan is complete, and that the city should proceed with site review.
Councilor Wheeldon agreed that the Hillah Temple building would be an excellent public space, but it is not
readily available within a reasonable timeframe. Felt that extending the process further would only prolong the
process unnecessarily. Wheeldon expressed interest in fording a way to link projects to obligate future councils
and set a timeline;and would like to see this completed sooner than the year 2005. Noted the need to plan for
future space needs downtown as well.
Councilor DeBoer expressed support for authorizing the site review. Noted process involved and stated he
would like to reconvene Space Needs Committee. Also in favor of continuing to pursue Hillah Temple
purchase.
Councilor Wheeldon questioned the possibility of connecting the projects and confirming commitment. City
Attorney, Paul Nolte noted the difficulty in binding future councils. Nolte stated that even if the issue were
submitted to a vote of the people and the charter amended, the project would be subject to available funds.
Suggested that there may be a possibility to finance through a bond issue.
Council discussion regarding public's concern that the project would not be completed due to the lengthy
timeline and what they could do to alleviate this concern.
Councilor Laws asked that Interim Administrator Greg Scoles and City Attorney Paul Nolte look into a plan that
would accelerate the project and return their findings to council at a meeting in the new future. Felt that the
proposed plan could be placed on an upcoming agenda and formally adopted. Noted that this is the strongest
commitment that the council could make and he has continued faith in present and future councils.
Golden requested that Finance Director Jill Turner work with Scoles to bring a revised plan back to council for
the January y6th,_1998 meeting.
Discussion of whether bonds were necessary for financing and what other finance options might be available.
Councilors DeBcer/Laws m/s to authorize site review.
Councilor Laws/DeBoer m/s to amend first motion asking that staff provide a plan to council with
possibilities of accelerating this project. Voice vote: all AYES. Motion passed.
6
Vote on first motion: Voice vote: all AYES. Motion passed.
Councilor Debcer noted that approving the site review does not represent a commitment, that it is just to begin
the process for the site review.
2. Authorization by Council to set a Public Hearing Date for the Formation of Westwood Street LED
to January 6, 1998.
Councilors Reid/Wheeldon m/s to authorize setting a public hearing date for the formation of Westwood
Street LID for January 6, 1998. DISCUSSION: Director of Public Works Paul Brown, noted options offered
by Anna Hassel, including determining benefit to Nyla Lane residents. Brown noted that staff felt that Nyla
Lane residents benefit and should pay. City Attorney Nolte clarified for council timeframe and procedure that
would be involved if there is a change to the methodology of the assessment at the proposed public hearing.
Explained that re-noticing would need to be done if there is a change in the assessed amount. Clarified that the
public notice sent out to property owners would include the proposed method of assessment.
Councilor Laws noted the city easement near the gully area on one side of the street, and suggested option 4 as
the preferred option. Golden, Reid, DeBoer and Wheeldon all expressed approval of option 4 as well. Brown
explained to council that there is no change in cost to property owners with the inclusion of Nyla Lane.
Councilors Reid/Wheeldon m/s to amend original motion to include option 4, with the city splitting
assessment rate with five Nyla Lane property owners. Voice vote: all AYES. Motion passed.
Vote on first motion: Voice vote: all AYES. Motion passed.
3. Election of Citizens' Budget Committee Members (2).
Councilors Wheeldon/Reid m/s to re-appoint Cate Hartzell to the Citizens' Budget Committee. Voice
vote, all AYES. Motion passed.
Councilors DeBoer/Reld m/s to appoint Michael Donovan to the Citizens' Budget Committee.
DISCUSSION:Councilor Laws noted preference for applicant David Williams, who he had known since high
school. Noted this is Williams' first time to volunteer, and that he was bright, a nice guy and a new face.
Councilor Wheeldon agreed with Laws, noting the need to bring in new members to the committee. Councilor
DeBoer noted that Donovan's appointment would be important in maintaining the relationship with downtown
community and the city Chamber of Commerce. Roil call vote. Laws NO; Reid YES; Wheeldon NO;
DeBoer YES; Golden NO. Motion failed 2-3.
Councilor DeBoer moved to appoint Michael Bingham to the Citizens' Budget Committee. No second,
motion failed.
Councilor Laws/Wheeldon m/s to appoint David Williams to the Citizens's Budget Committee.
DISCUSSION:Councilor DeBoer expressed his concern that the appointment needed to continue the
representation of the Ashland Chamber of Commerce on the committee. Roil call vote: Reid, Wheeldon,
Laws, YES; DeBoer NO. Motion passed 3-1.
ORDINANCES RESOLUTIONS AND CONTRACTS
1. Second reading by title only of "An Ordinance Amending Chapter 18.62 of the Ashland Municipal
Code -Land Use Ordinance, Adopting New Hillside Development Standards and Adoption of
Findings in Support."
Councilors Laws/Wheeldon m/s to adopt Ordinance #2808. Roll call vote: Reid, Wheeldon, DeBoer and
Laws, YES. Motion passed.
City Council Mating 12-02-97 7
oaaao, ap„
CITY OF ASHLAND e,r+oF �yo
Administration
s
O/Bce of the City Administrator
MEMORANDUM ��'••0REGO?,•'`+
DATE: January 2, 1998
TO: Honorable Mayor and City Council
FROM: Greg Scoles, Interim City Administratol/
RE: Ratification of Labor Contract with Ashland Firefighters Association
Recommendation: That the Interim City Administrator and City Recorder be
authorized to sign the labor contract with the Ashland Firefighters Association, ratifying
the tentative agreement reached in collective bargaining.
Background: Bargaining with the five employee groups began last January, 1997, and
agreements were reached with four of the groups in August, 1997. In an Executive
Session last June, the staff outlined the issues related to each of the bargaining groups
and projected the likely outcome of each. As noted four of the groups reached
agreement with the City while the Firefighters Association and the City reached
impasse and went to mediation. At the conclusion of the mediation process it was
determined that the City and the Firefighters Association should proceed to arbitration.
The Arbitrator was selected and a hearing scheduled for February 1998. In the interim
the City Staff and the Firefighters Association continued to meet and as a result have
reached tentative agreement on all substantive issues.
After these tentative agreements are incorporated into contract language, the
employees will meet to ratify the agreement. The Mayor and Council are now being
requested to likewise ratify this tentative agreement. Assuming the language can be
agreed upon by this Council Meeting, I will be prepared to review the details of the
settlement at that time. If agreement is not reached then the ratification will have to be
continued to the next regular Council Meeting.
ASHLAND FIRE & RESCUE
MEMO
m>i
f
c
TO: Mayor Cathy Golden & City Council
FROM: Keith E. Woodley, Fire Chief
DATE: January 2, 1998
SUBJECT: Annual Review Of City Burning Regulations
Background
AMC Section 10.30.020, provides for an annual report to the Mayor & Council each
year during the month of January.
"The Fire Chief shall annually report to the Council in January of each year the
outdoor fires regulated under this section and any recommendations the Chief may have
regarding such fires or this section. The Council shall consider the report at its first meeting
in February." (ORD 2795, S1 1997).
This memo is provided as a report of residential burning activity for the calendar year 1997
in fulfillment of ordinance requirements. With the amendments to our burning ordinance in
the spring of 1997, our burning practices within the city are in full harmony with Jackson
County Air Quality regulations. The opportunity to dispose of wildfire fuels through the
burning permit process continues to provide residents of our community with another viable
option for fuels removal, in addition to composting and recycling efforts. The addition of the
month of March has been of great benefit to residents who have historically experienced
prohibitions on burning due to extended fire seasons during fall periods, and also for Fire
Department personnel who have safety concerns associated with fall burning activities.
Memo to Mayor Golden And City Council
January 2, 1998
Page Two
A summary of our opening burning activity for the past eight years is depicted below:
PERMITS ISSUED
Period 1990 1991 1992 1993 1994 1995 1996 1997
Spring 43 76 87 106 79 175 143 159
Fall 10 16 29 42 31 33 30 46
Total 53 92 116 148 110 208 173 205
The fall burning period in 1997 occurred from October 1 through October 31st, an
extended period as compared to previous years. This was due to above average rainfall
during the fall period, which brought a prompt closure to fire season. The fall burning
window consisted of a 31 day period, which provided 18 "burning days", during which 46
permits were issued. The spring burning period in 1997 occurred from March 1st through
June 22nd. This constituted a 112 day burning window, of which 92 days were "burning
days" under existing air quality regulations. We issued 159 burning permits during this
period. The total number of burning permits issued during 1997 was 205. Burning activity
during 1997 suggests a resident preference for burning during the month of March, and that
property owners are progressing in their efforts to mitigate the impact of a catastrophic
wildfire in our community.
Recommendation
Staff recommends the council accept this report and retain AMC 10.30, Controls On
Oven Burning, as presently written.
z
CITY OF ASHLAND O-S WO CITY HALL
ASHLAND,OREGON 97520
December 31, 1997
Dear Potential Water Forum Supporter:
The City of Ashland has a Communication Plan which includes holding townhall
type public forums on important issues facing the City. The title of the first forum
is "Ashland's Future Water Supply - What Are The Alternatives?" It is scheduled
to be held on Tuesday, January 27, 1998 at 7:00 p.m.
We are recruiting various civic groups to be supporters of the forum to ensure that
a balance of viewpoints will be represented. Being a supporter means that your
group's name will be listed as a supporter of the process and that you encourage
citizens to participate in the forum.
One of the options under consideration is for Ashland to upsize the water line that
is going to be built from Medford to Talent. This project is moving ahead and
Ashland's decision about being involved probably needs to be made in February.
The timing of this forum has been scheduled to help educate citizens about future
choices and to gain input on their preferences prior to a decision being made.
The tentative schedule for this decision process is as follows:
January 21 City Council Study Session, on water supply
12:30 p.m.
January 27 Town hall style water forum
February 3 City Council meeting - public hearing on this issue
7:00 p.m. (tentative - subject to change)
February 17 City Council meeting - decision on Medford waterline
intertie participation
7:00 p.m. (tentative - subject to change)
We hope that your organization will lend its support to this very important decision
process by agreeing to be one of the supporters of the public forum.
If you have questions or need further information, please contact Regional
Affairs/Conservation Manager Dick Wanderscheid at 488-5306 or Public Works
Director Paula Brown at 488-5587.
Sincerely,
Cate HQQartzel
Hal Cloer
a
JoAnne
Members of the
Ad Hoc Citizen Communication Committee
c: City Council