HomeMy WebLinkAbout1998-0120 Council Mtg PACKET
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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 20,1998
I. PLEDGE OF ALLEGIANCE: 7:00 p.m., Civic Center Council Chambers.
II. ' ROLL CALL:
III. APPROVAL OF MINUTES: Regular meeting minutes and Executive Session
minutes of January 6, 1998.
IV. SPECIAL PRESENTATIONS & AWARDS:
1. Introduction and Presentation by the Tree Commission.
2. Mayor's Proclamation of February 5, 1998 as Girls and Women in Sports
Day.
V. CONSENT AGENDA:
1.
2.
3.
4.
Minutes of Boards, Commissions and Committees.
Monthly Departmental Reports - January, 1998.
Approval of National Register Nomination for 321 North Main Street.
Adoption of findings for approval of a three-lot Minor Land Partition at
610 Ashland Street (applicant Steve Morjig).
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VI. 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).
(None)
council Meeting Pkt.
BARBARA CHRISTENSEN
CITY RECORDER
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VII. PUBLIC FORUM: Business from the audience llil! Included on the agenda.
(Umited to 5 minutes per speaker and 15 minutes totaL)
Viii. UNFINISHED BUSINESS:
(None
IX. NEW AND MISCELLANEOUS BUSINESS:
(None)
X. ORDINANCES. RESOLUTIONS AND CONTRACTS:
1. First reading by title only of "An Ordinance Amending Chapter 2.32 of the
Ashland Municipal Code to Repeal Specification of Rates for
Compensation of Counsel Appointed to Defend Indigents Accused of
Crimes. .
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XI. OTHER BUSINESS FROM COUNCIL MEMBERS:
XII. ADJOURNMENT
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(Reminder: Study Session Wednesday, January 21 at 12:30
p.m. to discuss Ashland's Mure water supply - will be
broadcast live on Channel 30)
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City Council Agenda now available on the Internet.
Internet Address: http://www.ashland.or.us
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
January 6, 1998
PLEDGE OF ALLEGIANCE
Mayor Golden called the meeting to order at 7:02 p,m., Civic Center Council Chambers.
ROLL CALL
Councilors Laws, Hauck, Hagen, Wheeldon and DeBoer were present, Councilor Reid was absent,
MAYOR'S ANNUAL "STATE OF THE CITY" ADDRESS
Mayor Golden presented her tenth annual "State of the City" address, speaking of the various happenings of
1997, the accomplishments of the city's various depanments over the past year and the challenges facing each
in the coming year. Golden noted the major events, including the flood, the firing of a depanment head, the
passage of the new Hillside Development Standards ordinance, the retirement of City Administrator Brian
Almquist, and the involvement of Ashland's citizens in these events through news coverage on television,
through cable access and local newspapers, as well as in the new Ashland City Source city newspaper published
by the City Recorder's office.
Mayor Golden discussed Police Chief Gary Brown's depanure; the hiring of Scott Fleuters; the contribution of
the Schoof Resource Officer (SRO), Youth Diversion Officer, Central Area Patrol and Senior Volunteers; and
the upcoming Citizens' Academy to give community members a chance to learn firsthand about police work and
the criminal justice system and allow them to voice their concerns.
Golden made note of Ashland Fire and Rescue's role in the city's response to the flood, and commented on
Chief Woodley's service as Field Commander in implementing, and now revising, the city's Emergency
Management Plan. Emphasized the recent completion of wildfire fuel reduction work in the watershed, the
acquisition of the ambulance service and improvement in ambulance response time in area six.
The Mayor also discussed the accomplishments of the Planning Depanment by highlighting the completion of
the Transportation Element of the Comprehensive Plan; the work now in progress on the System Plan and Local
Street Plan as pan of implementation of the Transportation Element; the completion of the North Mountain
Neighborhood Plan; the Livable Oregon, Inc. award received for the City's role in the Golden-Fields building in
the downtown area; the passage of ordinances regulating cellular towers and setting standards for hillside
development; and the nomination of the Railroad District for inclusion on the National Register of Historic
Places.
The many contributions of the Public Works and Engineering depanments were also emphasized. Mayor
Golden pointed out their many projects, including efforts in flood response such as sandbagging, moving
approximately 4500 tons of granite displaced by flood waters, repairing flood-damaged water lines, slides,
streets, Bluebird Park and both of the treatment plants. It was explained that the city had 42 different flood
damage sites, and that in large pan the projects in each of these areas has been completed and payment received
from F.E.M.A, Golden noted the numerous other projects undertaken by Public Works and Engineering,
including the Central Ashland Bikepath, Roca Creek work, wastewater and water treatment plants, wetlands
demonstration site, and various street repair projects,
Golden explained that October I, 1997 marked the end of federally provided funding for Conservation
Depanment programs. Between 1980 and 1997, a total of $6,333,276 in Bonneville Power Administration
supplied money was spent in Ashland through programs implemented by the Conservation Depanment. With
the end of federal funding for these programs, individual utilities will now be responsible for funding those
programs they deem to be necessary.
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The Mayor also noted that the Electric Department had renegotiated part of its contract with the Bonneville
Power Administration, relocated transformers away from flood areas, and begun construction of a dark fiber
ring which will bring the potential for automatic meter reading and various telecommunication services to
Ashland's citizens,
Finally, Mayor Golden complimented the Finance Department for its response to the challenge of locating
emergency funding for the numerous flood related projects and dealing with F.E.M.A. to obtain much needed
project grants. Golden also noted that on top of dealing with financial issues brought about by the flood,
Finance also kept their regular schedule for preparation of the city budget, while addressing the uncertainties
brought about by ballot measures 47 and 50, conducting several bond sales, renegotiating five labor contracts
and dealing with a complete remodel of their office space and the installation of a new phone system.
Golden concluded by noting the role played by both citizens and staff in making Ashland what it is, stating that
the city runs like a business with a heart.
APPROVAL OF MINUTES
The minutes of the regular meeting of December 16, 1997 were approved as presented.
SPECIAL PRESENTATIONS & AWARDS
1. Presentation of 25 year service award to Edwin "Rocky" King, Cemetery Sexton.
Mayor Golden read a brief statement, outlining Rocky King's history with the city over the past 25 years, and
thanked him for his years of service.
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.
6. Confirmation of Mayor's appointment of Ashley Horacek to the Bicycle Commission for a term
expiring April 30, 1999.
7. 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.
Councilors HaucklHagen mls to accept the consent agenda. Voice vote: All A YES. Motion passed.
PUBLIC HEARINGS
1. Proposed formation of a Local Improvement District for street requirements on Westwood Street.
Public hearing opened at 7:27 p.m.
Public Works DirectorlCity Engineer Paula Brown explained costs of the project, the option chosen by Council
in their regular meeting held December 2nd to determine benefit assessment, and briefly explained the history of
this Local Improvement District's formation,
Robert J. Connard/570 Nyla LanelNoted receiving notice of hearing on December 5, 1997, Stated that there
was a contract between Vemon Gross, who developed Nyla Lane in t 979, and the City of Ashland, to sign in
favor of street improvements for building lots 3, 9 and 10. Stated that this agreement was intended to go with
the land. Also explained that Gross had been told by Dick Wanderscheid that all of the city's requirements had
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been met as of July 12, 1979. Feels that Ihis LID does not benefit Nyla Lane residents, and requiring Nyla
Lane residents to pay an LID assessment is counter to the City's agreement with Gross.
Vernon Gross/585 Nyla Lane/Stated that John Billings told him at the time the area was developed in 1979 that
Nyla Lane would not be assessed for improvements to Westwood or Orchard, Noted that Nyla Lane property is
shown as unencumbered on the title. and suggested that this might lead to lawsuits to tie up development,
Suggested City seek some sort of federal grant to complete work in the area without cost to Nyla residents.
Henry Kneebone/449 Orcbard St./Explained that he owns property across the canyon from Westwood St., and
questioned whether he would be required to pay a portion of the Local Improvement District cost. Mayor
Golden stated that he would not.
Andy Burt/1355 Romeo Dr'!Resident of another cul-de-sac, questioned who makes decision to repair streets,
Explained that he feels he pays more than his share for streets that are in disrepair and inquired aboul the
process involved in initiating improvements.
Director of Public Works Paula Brown responded by clarifying the general LID process and noting that each
neighborhood has its own unique situation that would affect the formation of an LID. In the case of Westwood
Street, Brown explained that options for inclusion of Nyla Lane residents had come before council. Noted the
possibility of neighbors initiating LID's, and the possibility in some cases of determining benefits based strictly
on frontage. Brown responded to Mr. Gross's suggestion of seeking a grant for funding by pointing out that the
only recent grant had been on Oak Street, and that this had only covered sidewalk costs, Brown then explained
that in this case, no other funds are available beyond the developer. the benefitted residents and the city.
Councilor Laws responded to Mr. Burt's question by stating that decisions are made by the City Council, noting
that this is done based on case-by-case details.
Councilor DeBoer questioned the existence of the agreement mentioned by Connard and Gross, and inquired as
to whether Nyla Lane residents were in fact benefitted by this project.
Public bearing closed at 7:44 p.m.
Councilor Laws questioned City Attorney Paul Nolte about the lawsuit suggested by Mr. Gross. Nolte
responded that he did not see the possibility for a successful lawsuit in this situation.
Councilor Wheeldon questioned the assessment of benefits to Nyla Lane residents. Brown clarified that the
options presented to council at the regular meeting held December 2nd were based on how residents were
benefitted, explaining that it is her opinion, supported by the option selected by council, that Nyla Lane
residents are benefitted in this case. Brown also pointed out that Mr. Kneebone received no benefit as his
property is a drainage area with no access and thus no assessment was made against him.
Councilor Laws questioned City Attorney Nolte further, inquiring as to the cost of attorney fees for dealing with
an unsuccessful lawsuit. Nolte explained that any property could potentially be encumbered by Council action
under an LID, and that there would be no liability to a title company for that reason. Stated that the cost of
defending a suit, if residents should try to appeal council's decision, would be between $3,000 and $5,000.
Laws clarified this was money already set aside by the city, and wouldn't be an additional amount paid through
tax dollars.
Councilor Hagen clarified that some grant funds had been available on Oak Street from the Oregon Department
of Transportation (ODOT) to explore possible means of slowing traffic without stop signs, by necking down the
street, adding cross walks and speed tables. Emphasized that this funding had been available for specific
City Council Meeling 12-16-97r
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reasons. Councilor Wheeldon noted that these monies had been made available by ODOT and that the decision
to provide funds had not involved the council.
Mayor Golden read, by iitle only, "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."
Councilors Hauck/Wheeldon mls to adopt the resolution. DISCUSSION: Councilor DeBoer explained
that the assessment to Nyla Lane lots would likely work out to payments of less than $10 per month, and
that there was a definite benefit to these lots. Noted that the City had opted to pay $4500 to offset the
assessments against Nyla Lane, and emphasized that this LID had been initiated within the neighborhood
and supported by the majority of the residents. Roll call vote: Hauck, Hagen, Wheeldon, DeBoer and
Laws, all YES. Motion passed.
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).
Mayor Golden read the guidelines and procedures for a Land Use Public Hearing.
EXPARTE CONTACT:
Councilor DeBoer noted that he is a friend of Mark and Jini Danis, who filed the appeal that is before council.
PUBLIC HEARING OPEN: 7:54 p.m.
STAFF REPORT:
Planning Director John McLaughlin read staff recitals; presented map and overheads; explained related details
including street dedication map from the Comprehensive Plan. McLaughlin discussed 1992 vacation of parts of
street nearby, and noted that applicants were required to meet subdivision standards as future subdivision was
likely. Stated that no variances had been requested and that there was no opposition to creation of the lot.
McLaughlin explained that the issue is the extension of Forest Street. Noted that the city required street
dedication prior to allowing development and discussed the issue of steep grade, which will be approximately
18 % for a 200 foot section of the street. McLaughlin stated that this is not an uncommon grade in the area and
noted that the Forest Street extension is already an adopted part of the Comprehensive Plan.
McLaughlin noted that the Planning Commission found the applicant had met all requirements and app.roved the
Minor Land Partition. Again emphasized that the issue is the street's steep grade and the connection of Upper
and Lower Forest Streets. Stated that staff recommends approval as per Planning Commission's decision,
APPLICANT:
Steve Morjig/610 Chestnut and Dan Otmstead/applicant's engineer, of Hammond Engineeringl Applicant
stated that he had originally intended to use an existing gravel road as the main access, but that Tom Keevil, a
neighbor, suggested developing the road. City told him how to proceed with development, and met with Mark
and Jini Danis to discuss possible options. Stated that they were told developing the road would not work for
the Danis property, .
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Morjig discussed Weller Lane as an illegal cul-de-sac which was permitted as the road would later be
developed. Stated that neighbors had signed in favor of the LID, noting that this information was available 10
all who lived there. Noted that he had spoken with Rod Badger who had owned the property prior to the
applicant's laking possession. Also pointed out the Transportation Plan which requires a Iwenty foot road, with
a sidewalk on one side. Noted that he had submitted a satisfactory tree plan, and that his plan for this partition
was designed to accommodate future development on the Wolfe and Keevil properties nearby.
Morjig also explained that in the future, the plan calls for six lots and a road with a 7% grade just off of Weller
Lane, with a steeper grade for the remainder. Emphasized that this application is not bound by current street
grade laws as it is already approved as part of the Comprehensive Plan and noted similar grade on Ashland
Street, which is currently at 16'12%,
Applicant stated that Weller Lane was originally allowed contingent upon the future development of the Forest
Street right of way. Noted that denial of this part of the Transportation Plan would violate city and state laws,
stating that the plan had been supported previously by the Planning Commission as it provides an inter-
connectedness to the area, rather than increasing the number of cul-de-sacs. Also explained that his plan
provides a future fire outlet for Weller Lane, and provides the best plan for access to other parcels. Briefly
addressed letter of appeal from Mark and Jini Danis, stating that they knew about the future extension of the
right of way and put their driveway in anyway, on condition that they remove it if the extension occurred.
Finally, the applicant noted that he had requested that his engineers provide a plan that worked with the Danis
driveway,
Dan Olmstead, applicant's engineer, spoke briefly of the area's topography. Clarified that the concern is Forest
Street and the existing Danis driveway which cuts diagonally across the proposed street extension. Noted that
the new road going in will create a significant drop at the driveway. Discussed possibililY of splitting the
driveway with the street extension, and at the request of Councilor Wheeldon presented a map to clarify the
examples being discussed. (This map was used to illustrate items being discussed at Councilor Wheeldon's
request and was not submitted as part of the record.)
IN FAVOR:
Tom Keevil/600 Ashland St.!Noted for council that his tax lot is number 200 I, located immediately south of
Morjig's lot, and stated that he has resided there for 23 years. Said that Weller Lane is too long to be a cul-de-
sac, and that the intent had been to run this extension through to Forest Street. Explained that his property will
border the planned new street on the south side, Noted that after Weller Lane's development, the issue of a
Forest Street extension next came up at the time of the conslruction on the Danis property, Stated that at that
time, he sent a letter to the City Engineer declaring his intent to develop along Forest Street. The response he
received from the City stated that Danis had signed in recognition of possible development on Forest Street.
Noted that the same issue is being revisited now, by new staff members and new commissioners who have
reached the same conclusions, and that Mark and Jini Danis are now appealing the extension. Concluded Ihat
he would have to build multiple cul-de-sacs to develop his property if Forest Street is not extended as planned,
Mayor Golden questioned the location of Pat Wolfe's property. Planning Director McLaughlin confirmed that
Wolfe's home was on tax lot 1900 and that Wolfe also owned tax lot 2201. Confirmed that "Badger property"
was the property under discussion to be partitioned by Morjig,
IN OPPOSITION:
Mark and Jini Danis/620 Weller Ln.!Requested that council review Planning Action #97-084, noting that they
had a signed petition from area residents requesting that approval of that action be denied. Stated that Weller
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Lane residems had never received notice of public hearings, and that since learning of this action they have
presemed a letter of objection and repeatedly expressed Iheir concerns to the Planning Department.
Noted that this action was formerly referred to as the "Badger Proposal", and when they had tried to express
their concerns over that proposal, they were told that procedure didn't allow their commem al the time.
Discussed Hammond Engineering's plan and section 18,88,050 of the Ashland Municipal Code, which lists
criteria for road grade or land partition. Stated that state requiremems must be considered as well. Noted that
their driveway will be only 19-20 feet long according to Cily Engineers. Raised questions about fire safety
issues, and pointed out that the Transportation Plan could be modified by the council.
Emphasized that while they had been aware of the possibility of a street being constructed, city planners had
stated that it was "highly unlikely" as such construction would not have a purpose, Mark Danis noted that City
Attorney Paul Nolte had told him that the language used in the agreemem Danis had signed was questionable.
Danis stated that he that a benefit assessmem should not be levied against his property, Expressed concern over
the limited visibility at the intersection of Weller Lane and Forest Street, and questioned liability issues of the
city's violating the law with an 18% grade which would be hazardous during the wimer due to frequently icy
conditions.
Stated that the long term use of the Forest Street extension would likely be limited to residents of 620 Weller
Lane, as other residents would not want to go uphill to get dowmown. Discussed parking issues due to snow
and ice, and questioned the tree plan that Mr. Morjig had memioned. Cited chapters of the Ashland Municipal
Code relative to grade, memioning 18.76.180 concerning major land partitions, 18.88.080 which related to P-
overlay zone performance standards, and 18.88.050.B.l Street Standards under Performance Standards which
state that street grades are not to exceed 15 % and that no variance may be granted. Emphasized that the steep
slope and location in a permafrost area would require additional maintenance on the part of the city and
questioned whether the long-term use warrants such costs and potemial liabilities. Asked that councilors
consider intem of law limiting street grades, and submitted a revised letter outlining their concerns for the
record.
STAFF RESPONSE:
Planning Director John McLaughlin poimed out that there is some confusion with regard to the Ashland
Municipal Code as there are sections dealing with street grade in the chapters on partitions, performance
standards, and subdivisions. Clarified that the section of the code relevant here states that slreet grade is not to
exceed 10% unless conditions, including topography, make that impractical. Stated that in this instance, the
topography necessitates more grade in order to provide practical access to the area. The section of the code
cited by Danis does not apply under the staff's imerpretation. McLaughlin clarified that the street grade
resolution is not part of the subdivision ordinance.
McLaughlin confirmed that this slope would not be subject to the Hillside Developmem Standards ordinance,
and that the majority of the street would not exceed 15 % when developed. Only the southern section of the
street will exceed 15 %.
Council discussion concerning extension of street with an 18 % grade, dead ending down in a small valley.
McLaughlin noted that a temporary turnaround could be created, and clarified that the developer had signed in
favor of developing the street with a Local Improvemem District. Mayor Golden emphasized that these issues
were not before council at the presem time, that the issue was only the Danis appeal.
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REBUTf AL:
Morjig confirmed that Pat Wolfe wants to develop her property in the future. Stated that a discussion of LID's
did not pertain to the issue at hand, Noted that he could try to submit a plan with. a lesser street grade but that
it would make the Danis driveway even steeper.
PUBLIC HEARING CLOSED: 8:52 p.m. (Five minute break at the request of council.)
COUNCIL DELIBERATION:
Councilor Laws noted that during the break, he had requested that McLaughlin draw up language relative to lot
three, specifically limiting further development until Forest Street had been fully extended.
McLaughlin presented his proposed change, which would change the second sentence of condition number 2 on
page 22 of the record be amended to read, "Forest Street improvements to be construcled in accordance with
the approved plan, including full connection to lower Forest Street across tax lot 16AB 1900, prior to the
issuance of a building pennit or funher division of parcel 3." Stated that this is the only way to ensure that the
City will not have a street with an 18 % grade and no outlet.
Councilor DeBoer questioned the possibility of building Forest Street at 18% as it is currently approved,
McLaughlin confirmed that according to staff interpretation, an 18% grade is acceptable. City Attorney Nolte
confirmed that interpreting the ordinance in this manner, with the topography necessitating a steeper grade, was
reasonable. Council discussion of the possibility of constructing the street to a lesser grade. Mayor Golden
noted that Laws' requested change would disallow further division of parcel 3 prior to completion of Forest
Street,
Councilor Laws/Hauck mls to approve the minor land partition with the addendum requiring full
connection of upper Forest Street to lower Forest Street prior to further division of parcel 3.
DISCUSSION:
Golden noted this would put other parcels at mercy of Pat Wolfe's desire to develop. Councilor Laws
questioned whether a street dedication could be obtained at this time. Questioned whether a developer could be
required to meet half-street standards, without an LID, before any development occurred on parcel 3.
Laws questioned how these issues would affect the Keevil property's development pOlential. Wheeldon
questioned if this goes far enough to getting long term development of area, suggesting some sort of
reimbursement. McLaughlin explained that there is currently no type of reimbursement mechanism in place that
would allow development now to be repaid as future parcels are developed,
Mayor Golden questioned placing such requirements on a parcel prior to partitioning or development. Nolte
noted that this was questionable; McLaughlin explained that in this case the requirement related to development
of the current parcel and Nolte confirmed this to be correct.
Councilor Hagen questioned tying up lot 3 with the Wolfe property, and McLaughlin responded that there was
another possibility, if partial improvements were allowed, so that an engineered gravel roadbed with no asphalt
was installed to provide secondary access to the area, Councilor Wheeldon suggested flag drive, and
McLaughlin confirmed this would be possible. Noted also that there could be no further division by Wolfe
without street dedication.
Roll call vote: Laws, DeBoer, Hauck YES. Hagen and Wheeldon, NO. Motion passed 3-2.
City Council Meeting 12-16-97
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PUBLIC FORUM
Joe Eckhardt/108 Bush St./Discussed his request Ihat copies of the applications and resumes of the finalist
candidates for the City Administrator position be provided to the Ad Hoc Communications Committee so that
they might submit a recommendation to the mayor and council on behalf of the citizens of Ashland. Suggested
that he would be willing to postpone further discussion untii the next council meeting due to the late hour.
Mayor Golden declined to release any such information as she felt an obligation to protect the privacy of the
applicants. Councilor Laws stated that there was no basis for the Communication Committee to be involved in
the selection process at this stage.
NEW AND MISCELLANEOUS BUSINESS
1. Council Election of Chair to City Council.
Councilor Hagen/Hauck mls to elect Councilor Wheeldon as Chair to City Council. Voice vote: all A YES.
Motion passed.
2. Consideration of a revised Financing Plan for the future City Hall remodel.
Discussion of postponing this issue until next meeting or dealing with the issue now. Councilor Laws suggested
that council recognize that alternative financing options are unavailable, and stated that council should adopt the
staff proposal and finance methods presented in August for completio~ by 2003-2004, Noted that further
postponement would be counterproductive to the project. Councilor Wheeldon noted a need to deal with the
space needs of Public Works and the Fire Department as well as City Hall. (No action taken ar this time,)
3. Establish a date for Council Goal Setting for FY 1998/99.
The date for Council Goal Setting for fiscal year 1998-99 was tentatively set as February 4th, with January 28th
as a possible alternative dependent on Councilor Reid's schedule. It was also suggested that a facilitator be
hired to conduct this mceting, if one would be available on such short notice.
ORDINANCES. RESOLUTIONS AND CONTRACTS
1. 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 Skateboard Violations in the Downtown Area."
Councilors Hagen/Hauck mls to adopt the ordinance. Roll call vote: DeBoer. Hauck, Hagen, Wheeldon,
and Laws, all YES. Motion passed.
2. 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."
Councilors Hauck/Wheeldon mls to adopt the ordinance. Roll call vote: DeBoer, Hauck, Hagen,
Wheeldon, and Laws, all YES. Motion passed.
3. Ratification of labor contract with Ashland Firefighters Association.
Councilors Wheeldon/Hauck mls to authorize the City Recorder and Interim City Administrator to sign
the labor contract with the Ashland Firefighters Association. Roll call vote: DeBoer, Hauck, Hagen,
Wheeldon, and Laws, all YES. Motion passed.
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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, Stonn 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." (Dealt with at the Public Hearing as nored above.)
OTHER BUSINESS FROM COUNCIL MEMBERS
None.
ADJOURNMENT
Meeting was adjoumed at 9:52 p.m.
Barbara Christensen, City Recorder
Catherine M, Golden, Mayor
City Council Meeting 12-16-97
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ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
DECEMBER 9, 1997
CALL TO ORDER
The meeting was called to order by Chairperson Barbara Jarvis at 7:05 p.m, Other Commissioners
present were Gardiner, Hearn, Bass, Howe, Morris, Armitage, Briggs, and new Commissioner Russ
. Chapman. Staff present were Mclaughlin, Molnar, Knox and Yates,
APPROVAL OF MINUTES AND FINDINGS
November 12, 1997 - Hearinas Board
Armitage moved to approve the Minutes and Findings of the November 12, 1997 Hearings Board. Bass
seconded and they were approved,
November 12, 1997 - Reaular Meetina
Hearn asked to amend the Findings (PA97-087 - Rob Cain), #4., a ten foot wide easement is referenced
twice and is confusing. Staff said there are two different paths and wording "in add~ion" can be added
to clarify, Howe said #11. should say adding "exterior" rock face. Howe moved to approve the Minutes
and Findings as amended. Bass seconded and everyone favored.
PUBLIC FORUM
No one came forth to speak.
TYPE II PLANNING ACTION
PLANNING ACTION 97-066
REQUEST FOR A PHYSICAL AND ENVIRONMENTAL CONSTRAINTS PERMIT TO PLACE A
STRUCTURE AND SKATEBOARD PARK WITHIN THE FLOODPLAIN CORRIDOR LOCATED ON WATER
STREET NEAR HERSEY STREET,
APPLICANT: ASHLAND PARKS AND RECREATION DEPT.
Site Visits and Ex Parte Contacts
Site visits were made by all.
STAFF REPORT
Mclaughlin read the criteria for approval. The request is to construct a skateboard park in the floodplain
corridor along Water Street. Under the City's mapping system, the corridor is wider than what FEMA
has identnied as a floodplain. In the City's studies which have included reviewing historic information, air
photos during flood events, and using physical contours of the land, has resulted in a broader range
approach thus identifying a wider floodplain corridor. Everything from Water Street toward the creek is
included within that corridor. The recycle area and the rest of the parkland area is included in that
floodplain corridor.
Because the skateboard park is included in the area, it falls under the Physical and Environmental
Constraints permit. Had this land not been within the floodplain corridor, it would be a public park under
the jurisdiction of the Parks Commission to develop in accordance with parks standards. Instead, there
is a land use process that requires review for its impact on flooding. The Commission is reviewing
.,
whether the skateboard park as it is designed, is in compliance with the standards outlined in the
ordinance.
Staff has relied on the information gathered by engineers. Two separate analyses have been done, one
initially by Hardey Engineering, determined that based on information from an earlier FEMA model that
was done with the floodplain corridor, there was not a problem with construction of the skateboard park.
Another review was done by OTAK Engineering who developed a new model for the creek, determining
what a 100 year flood flow would do to the creek. A few months ago, there was a concern raised by
their project engineer with the design of the skateboard park as to whether it was appropriate as
proposed. OTAK included in their model the elevations, contour changes and slope changes associated
with cuts and fills and determined it raised the 100 year flood elevations 1/100 of a foot. Further
analysis showed, in the recommendation from OTAK that the Hersey Street bridge should be replaced
with a larger bridge to allow a 100 year flood to go underneath it. Should that happen, the impact of the
skateboard park would be positive on the 100 year flood level because there is less fill than cut in the
creation of the skateboard park so it helps in lowering the 100 year flood elevation, should the bridge be
improved, Based on the information submitted by the engineers, Staff would recommend approval of
the Physical and Environmental Constraints permit for the skateboard park at this location.
Barbara Jarvis introduced the newest Planning Commissioner, Russ Chapman.
Briggs wondered where the restrooms would be located. Mclaughlin said they would be as far away
from the creek as possible. Restrooms require only standard construction and would not be a habitable
structure.
Briggs thought it would be appropriate to have a pay phone on-site.
PUBLIC HEARING
TERI COPPEDGE, 2927 Barbara Street, Chair of the Ashland Parks Commission, said they have been
working on this project for over two years and feel this site is appropriate for a skateboard park. The
Commission is firmly behind the skateboard park and would like to move forward with it. Coppedge
said other sites were considered,
NOAH SANDERSON had made and showed the Commissioners a model of the park,
Armitage said that during a flood this area would obviously hold some water. Mclaughlin said Hersey
Street functions as a dam and water backs up so it would not matter if it holds water or not. Coppedge
said a drainage system has been designed into the park.
Hearn wondered about erosion control measures on the stream bank. Coppedge said the bank is
heavily armored with rock and blackberries. None of the engineers said any1hing needed to be done
with the streambank. Mclaughlin said in trying to anticipate any erosion, a Condition 4 has been added
which will try to maintain what is there.
KATHLEEN BOROVOC, 131 Helman Street, said kids go to the skateboard park to skate; they don't run
up and down the banks.
Individuals against the proposal but not wishing to testify:
TERTTU HARKER, 31 W, Hersey
ASHlAND PlANNING COMMISSION
REGULAR MEETING
MINUTES
DECEMBER 9, 1997
2
MARIE RADKE, 47 W. Hersey
BILL RADKE, 47 W. Hersey, stated he is opposed t6 the project. He did not feel proper notification had
been given. He had flood damage during the January 1997 flood, mostly from overflow of the bridge on
Hersey Street.
STEVE JANNUSCH, 336 Mowetza Drive, representing Ashland Christian Fellowship, said they are not in
opposnion but are hopeful the Planning Commission could send a recommendation to the Parks
Commission limiting the hours of operation during the church's
Sunday morning services. He would hope there would be ample screened trash receptacles, He
concurred with the Condition recommending stabilization of the landscaping.
COMMISSIONERS DISCUSSION AND MOTION
Briggs recommended the Parks Commission ask for volunteers to help in the construction of the
skateboard park in order keep costs down,
Hearn moved to approve the application wnh the attached Conditions. Bass seconded the motion,
Armitage expressed concern with the public review process held by the Parks Commission.
Morris said on the one hand this is a park but on the other hand, is it the paving over of a riparian area?
Is that something that is commonly done? It is in the floodplain and will n be an impervious surface? Is
that acceptable outside the Parks Department? Mclaughlin said that it is acceptable. For example, the
land across the creek (the church) the whole parking lot is within the corridor. Mclaughlin said parking
lots are pretty good things to put in floodplain corridors. In the case of Ashland Christian Fellowship, if
the application were to come forward today, the building would be located nearer Oak Street and the
parking lot would be in the floodplain with an appropriate percentage of landscaping. The skateboard
park also meets the 15 percent requirement for landscaping.
The motion carried with Morris voting "no".
TYPE III PLANNING ACTION
PLANNING ACTION 97-091
REQUEST FOR A ZONE CHANGE FROM A HIGH DENSITY MUTLI-FAMILY RESIDENTIAL (R-3) TO
EMPLOYMENT (E-1) AT B STREET AND MOUNTAIN AVENUE.
APPLICANT: CITY OF ASHLAND
Site Visits and Ex Parte Contacts
Sne visns were made by all. Jarvis saw some big pipes laying around and it was not impressive.
STAFF REPORT
In September, 1997 a hearing was held and the request for a zone change was denied by the Planning
Commission. Staff asked for a reconsideration of that decision and the Planning Commission granted it.
Mclaughlin said additional information has been provided and most of it is contained in the Staff Report.
3
ASHlAND PlANNING COMMISSION
REGUlAR MEETING
MINUTES
DECEMBER 9, 1997
The s~e has been in use as a public storage yard for many years and through a series of events, the
City has made a commitment to this area of the city.
The importance of the corner was a concern raised at the last hearing. The C~y hired landscape
architects, Cameron and McCarthy to design that corner to give it a sense of place with pedestrian
scale, and work at m~igating some of the negative concerns heard from the Commission.
Another concern was the nature of the use and that ~ is committed forever as a storage yard under E-1.
The employment zone allows for a storage yard but also allows for a variety of other uses. Staff is
requesting that it have the R overlay in the E-1 zone so if in the future, should something come up, ~
could have a mixed use type of development on it which would be very compatible w~h the Railroad
District.
The s~e is a natural for the small incremental increase in the area for the City campus. Staff has
recommended approval under the Type III zone change and the comprehensive plan map amendment
as the need to adjust to new cond~ions as outlined in the Staff Report,
Paula Brown, Public Works Director, said the City does not have lots of extra storage areas. It is
important to Brown that Public Works is a good neighbor; that is their service to the commun~y.
Storage is needed, particularly consolidated storage to improve efficiency but the main comm~ment is
service to the community. If that includes landscaping, that is important too. Brown explained she
would rather use Mountain Avenue for access from the yard, however, because of the bike path and
some other unknown impacts due to groW1h along Mountain, she will watch to see how ~ works.
Bass is pleased w~h the design presented tonight.
Brown thought the C~y was allowing someone else to store the ugly pipes temporarily now on the s~e.
Howe wondered if there were plans to plant trees behind the wall. Brown said there will be trees behind
the wall that also go in front of the chain link fence. There is a hedge behind the wall that ties
everything together.
Howe wondered if large equipment would generally be parked off the street. Brown said typically large
equipment will be kept off the streets.
COMMISSIONERS DISCUSSION AND MOTION
Howe moved to approve PA97-Q91 with recommendations from the Staff Report, The motion carried
unanimously,
OTHER
Staff handed out a memo dated December 9, 1997 to the Commissioners regarding in~iation of two
Planning Actions:
Service Station Design Standards
Revision of Citizen Involvement portion of the Comprehensive Plan, Land Use Ordinance and
Municipal Code
ASHlAND PlANNING COMMISSION
REGUlAR MEETING
MINUTES
DECEMBER 9, 1997
4
Armitage moved to initiate the two actions as requested. Howe seconded the motion and everyone
favored,
HEARINGS BOARD ASSIGNMENTS FOR 1998
JANUARY THROUGH APRIL
Gardiner
Jarvis
Howe
MAY THROUGH AUGUST
Bass
Chapman
Briggs
SEPTEMBER THROUGH DECEMBER
Morris
Hearn
Armitage's replacement
ADJOURNMENT
The meeting was adjourned at 8:15 p.m,
5
ASHLAND PLANNING COMMISSION
REGUlAR MEETING
MINUTES
DECEMBER 9, 1997
ASHLAND PLANNING COMMISSION
HEARINGS BOARD
MINUTES
DECEMBER 9, 1997
CALL TO ORDER
The meeting was called to order at 1 :35 p.m. by Steve Arm~age. Other Commissioners present were
Hearn and Briggs. Staff present were Molnar, Harris and Yates.
TYPE II PUBLIC HEARINGS
PLANNING ACTION 97-075
REQUEST FOR A CONDITIONAL USE PERMIT FOR THE EXPANSION/ALTERATION OF THE
TEMPORARY USE
40 NORTH MAIN STREET
APPLICANT: CHRISTOPHER R. MCINTOSH
S~e Vis~s and Ex Parte Contacts
S~e vis~s were made by all.
STAFF REPORT
The Hearings Board of August, 1997 had concerns and asked this hearing be continued. Their concerns
were regarding the appearance of the barbecue add~ion. The drawings were difficult to read and not to
scale. Staff was concerned w~h the mass, bulk and scale of the new addition along w~h compatibility of
the arcMecture in this historic area. There was also a concern with the incremental expansion of the
temporary use. Staff felt the scale and size of the physical structures had begun to approach something
that could not be considered temporary. The add~ion of serving food items along with the espresso
was beginning to look more like a permanent restaurant.
The applicant has since submitted new elevations. It is easier to tell what the s~e will look like. Staff
feels the barbecue trailer will be adequately screened. Mcintosh has addressed the mass and scale.
The trailer will be enclosed. The Historic Commission approved the plans in the front with the lattice
work.
Staff is still concerned w~h the incremental expansion of the temporary use, however, this is clearly a
very active, lively spot that Staff feels is in compliance w~h the downtown plan which says these
temporary uses are important to attract pedestrians and enhance the pedestrian environment.
Harris commended Mcintosh's effort to make the barbecue and trailer contained so ~ can be moved off
the s~e. Staff has recommended approval w~h the attached Cond~ions and the add~ion of a Cond~ion
that would require the applicant to meet the requirements of the Fire Department.
It is not clear from the application when the cart will be removed from the s~e. Will ~ be each day or at
the end of the season? Clarification also needs to be made by the applicant regarding the months of
operation. The original application says "seasonal" but that term needs clarification.
PUBLIC HEARING
CHRISTOPHER MCINTOSH explained the cover letter of September 9, 1997 which gives a detailed daily
operations schedule. He explained how the cedar is attached to the trailer and how the trailer is lowered
to the asphalt and towed away daily. The hours of operation requested are: 11 :00 a.m. to 8:00 p.m.,
seven days a week from June 1 st through October 31 st. The Health Department has inspected his
commissary located at 230 E. Hersey Street where the un~ will be towed daily for all cleaning and
maintenance. The grill uses pellets and is efficient and clean.
Mcintosh learned a lot from other restaurant owners. He gathered signatures on the petition that was
submitted from plaza business owners. Even though he has a temporary business, he has to be
concerned w~h vandalism, weather, health department, and overhead. His menu should not be in
conflict w~h restaurants on the plaza. Ichiban was the only restaurant that did not approve of the
outdoor grill.
Briggs assumed the wood would be left a natural cedar but ~ appears it is being painted gray. Mcintosh
said he presented the Historic Commission with gray swatches. He applied a sealer but ~ can be
removed. Harris said the Historic Commission originally suggested gray but now they would rather have
the wood age naturally.
Mcintosh would close the barbecue October 31st and the espresso operation December 31st.
Molnar suggested adding to Condition 6: That the trailer be towed off-s~e every evening and stored.
Mcintosh would also like to be able to be open during the Festival of Lights. He would also like the
option of staying open year round.
COMMISSIONERS DISCUSSION AND MOTION
Hearn could see no problem in serving food.
Briggs appreciated the detail Mcintosh put into the application. She is concerned about the precedent
we are setting for more street merchants.
Arm~age Is concerned w~h the temporary use growing larger and larger. He would like to clarify the
operation and would like Mcintosh to take add~ional action if he wants to operate year-round. Molnar
said, one avenue, at a later date would be to request a Cond~ional Use Perm~ for a permanent
cart/merchant on the corner for year-round use.
Armitage clarified the following months of operation: a seasonal restaurant to be open from May 15th
through December 1 st (to include Festival of Lights). Operation of the use will be allowed during the
public schools spring break. The operation to include both the espresso and barbecue.
Hearn moved to approve w~h PA97-{)75 w~h the attached Cond~ions and wording in the prior paragraph
concerning seasonal operation. Add Cond~ion 9: That all cond~ions of the Ashland Fire Department be
met prior to issuance of certificate of occupancy. Modify Condition 6 to include towing the unit off-site
daily. Briggs seconded the motion and it carried unanimously.
2
ASHlAND PlANNING COMMISSION
HEARINGS BOARD
MINUTES
DECEMBER 9, 1997
PLANNING ACTION 97-113
REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW FOR A PRAYER AND READING ROOM
IN A SINGLE FAMILY RESIDENCE
1452 OREGON STREET
APPLICANT: PETE SEDA
Site Visits and Ex Parte Contacts
Hearn reported a conflict of interest and slepped down.
Briggs and Arm~age had a s~e vis~.
STAFF REPORT
Knox reported this property was recently subdivided into five lots. The existing house is located on Ihe
parent parcel. One room is proposed to be ut'i1ized for assembly/prayer/reading room (120 square
feet). The remaining house would remain a single family residence. The room would primarily be used
by college students from 11 :00 a.m. to 5:00 p.m. everyday of the week for a reading room. On Friday,
from noon to 2:00 p.rn., is prayer time. The participants will be walking rather than driving to the s~e
and only two will be driving at any given time. The site plan shows six parking spaces.
A Cond~ional Use Perm~ should show there is no greater adverse impact on the livability of the
surrounding area and be comparable to what is allowed in the zone. It has been difficult to assess all
the nuances of this proposal. It is reasonable to assume the proposal can work and can be a good
neighbor without having significant impacts that would impact the neighborhood. Cond~ions of approval
have been added to assure Staff that the proposal will not go beyond a use that would cause concern.
Cond~ions 2 and 3 are included in order to make sure the lim~tions of the application are clear in the
event enforcement becomes necessary. After a meeting w~h the C~ Attorney this morning, he asked
for further clarification. He asked to add to Cond~ion 2: In addition, the prayer or reading room use be
restricted to no more than 15 participants on Fridays and no more than eight participants per day for
any other day of the week. Modify Condition 3: That the site plan be revised to only show spaces #1-4.
Spaces #3 and 6 shall be eliminated and that space #5 be kept. (Make sure "and landscaped" is
eliminated at the end of the original sentence and eliminate the next sentence.) Molnar added that two
of the four spaces would always have to be reserved for the residents of the house.
Briggs saw by the application that Pete Seda is the applicant but there is a different owner. The project
request is from someone else too. Armitage said the applicant could clarify these questions.
Arm~age wondered if there were any restrictions for outside gatherings? Knox said Condition 5
attempted to recognize outside gatherings. Arm~age wondered how anyone will know if that one room
is the only room used.
Knox noted two added Cond~ions. Condition 8: That two bike parking spaces be provided in
accordance w~h the standards noted in 18.92.040, one of which shall be sheltered from the weather.
Cond~ion 9: That the applicant sign in favor of a future local improvement district for the sidewalk on
Oregon Street.
3
ASHlAND PlANNING COMMISSION
HEARINGS BOARD
MINUTES
DECEMBER 9, 1997
PUBLIC HEARING
PETE SEDA, 1257 Siskiyou Boulevard, #2, said he got a favorable response from the neighbors he
contacted. The purpose of the application is to be able to have a home (library) for Islams. They would
like a place for students to gather and pray and a library where they can check out books. They will not
be having outside activities.
Seda explained that AI Haramain is the name of a charitable organization. The organization will help buy
a place and will rent the room to Muslims. The rest of the house will be rented for income. Solomon AI
Buthi will not be living there but will provide financial help.
Briggs is concerned with entry. Individuals vis~ing the prayer room will have to enter the living area.
How will that be screened from a family with small children? Seda said his fa~h does not have problems
with privacy issues and since there are limited hours and the renters would be of the same faith, there
would not be a conflict.
Briggs wondered how many students now are participating? Seda said there are currently five people.
Briggs asked if women are part of the prayer groups and are they permitted to pray in the same room?
Seda said they can pray in the same room. The room will have books/bookshelves but will have no
furnishings.
Briggs wondered who would use the family bathroom. Seda said it would be a communal bathroom.
Briggs asked why, if ~ is such a small group and everyone affiliated w~h the group know one another,
what is the need for an identifying sign? Seda said if anyone wants to know where they are, they do not
want to hide, but would rather people know. They want to get some recognition.
Briggs asked if there is a calling for prayer that would require the use of a microphone. Seda said there
would be no need for a microphone.
Armitage said if he grants approval of this application, he would like to cond~ion what Seda has said he
is going to do. He wants to make sure the property remains primarily residential and that Seda
understands that all proposals of the applicant are Conditions of approval.
Seda asked Staff about removal of parking space #5. Knox said Staff is proposing they keep parking
space #5 and utilize #4 as a parking space and that #3 be the ex~ing area for handicap parking space.
EMILE CLOUTIER. 135 Oak Street, responded to Fine's 10-page letter objecting to the proposal. Fine
indicated the house was going to be made into a house of worship or a church. There are a number of
homes in Ashland that have prayer groups/bible studies that meet on a regular basis much like what
Seda is requesting. Fine commented there are three facilities (Morman religious educational facility,
Campus Christian Ministry, Neuman Center) s~ed at appropriate locations. The zoning map show that
all three are located in residential zones. W~h regard to sanitation, the house has one and one-half
baths. The half-bath is located where the prayer reading room is going to be. Fine asked no food be
prepared or served on the premises which concerns Cloutier because this would eliminate potluck
meals, ordering pizza, or barbecues which would be unreasonable. It would appear Mr. Fine's
arguments are attempting to have the Commission identify the proposed use of this property as a
church with all the collateral rules, regulations and requirements. He is attempting also to have this
4
ASHlAND PlANNING COMMISSION
HEARINGS BOARD
MINUTES
DECEMBER 9, 1997
Commission impose unreasonable conditions. He asked if Mr. Fine would be willing to come to a
middle ground to address his concerns.
J. DAVID FINE, 735 Frances Lane, asked if the Commissioners had received the two letters he wrote
(December 4, 1997 and December 5, 1997). Armitage affirmed. Fine said Seda is operating under an
invalid power of attorney. Money is being put forth from someone from Saudi Arabia for a student
center for students at SOU not a residence. He believes this appiication is deceptive. A charitable
organization is purchasing an entire house to turn it into a student house. This is contrary to city
policies, zoning and the comprehensive plan.
Staff Comments
With regard to Fine's remarks regarding the zoning and comprehensive plan, Molnar said a variety of
uses are listed in the R-1 zone including accessory residential units, private and public quasi-halls,
lodges, clubs and a number of other items. Staff does not believe this application goes against this
requirement. Molnar did believe the applicant would reside on the property but it appears that is not the
case. If a different person were to occupy the site, that party would need to know what Conditions
apply.
Molnar said he reviewed the power of attorney with the City Attorney. Technically. Nolte agreed with
Fine. The power of attorney should specify what powers have been bestowed upon Seda. Nolte said,
technically, there is no application. There is enough uncertainty surrounding this application to postpone
a decision, so it is a clean decision in the case someone would want to appeal it. Is there a middle
ground between the applicant and neighbors? Molnar said technically Evan Archerd is still the property
owner.
Rebuttal
Seda said they need a place to pray and read. They intend to rent the rest of the house to a Muslim
family. They have a room at the college but it is not their own room.
Armitage wanted to make it clear the Commission's decision has nothing to do with the religion. Any
approval of other uses in a residential zone have to be scrutinized. He does not even know if this is a
legal application. He will discuss the need to continue this application.
COMMISSIONERS DISCUSSION AND MOTION
Briggs said she did not believe there was any prejudice with this application as Seda alluded. Her
concern is how the residence is going to work with this proposal. How can a family live in the house
with people traipsing in during the day? Renters come and go and she does not see a stability in these
two kinds of purposes under one roof. On that basis, she would vote to deny.
Armitage does not feel the Planning Commission can deal with whether or not someone rents or not.
He is more concerned w~h the legal points Fine brought up and he would like those answered.
Molnar said there is the legal issue and the application must be signed by one or more property owners
of the property. That needs to be remedied. Staff could review the issues with Seda. Conditional Use
Permit approvals tend to run with the property. There should be enough information that it is clear what
5
ASHlAND PlANNING COMMISSION
HEARINGS BOARD
MINUTES
DECEMBER 9, 1997
will be happening w~h his proposal. Staff would recommend voting to continue.
Molnar said next month will be a new Hearings Board that would hear ~ as a new application since
technically there is no application now.
Arm~age asked Seda to waive his right an approval within 120 days. He agreed. If he Is not legally the
applicant, then a continuance is a moot point and there will be a new application. If it is a legal
application, the public record will be a continuance and will be heard before Briggs and Armitage.
Briggs moved to continue PA97-113. Arm~age seconded the motion and it was approved.
TYPE I PLANNING ACTIONS
Hearn rejoined the meeting.
PLANNING ACTION 97-112
REQUEST FOR A CONDITIONAL USE PERMIT FOR A TRANSFER OF OWNERSHIP FOR A
TRAVELER'S ACCOMMODATION CONSISTING OF THREE-UNITS PLUS THE OWNER'S UNIT
174 NORTH MAIN STREET
APPLICANT: GEORGES T. VAN DE KERCKHOVE
This action was approved.
ADJOURNMENT
The meeting was adjourned at 3:45 p.m.
6
ASHlAND PlANNING COMMISSION
HEARINGS BOARD
MINUTES
DECEMBER 9, 1997
MEMORANDUM
CITY OF ASHLAND
Department of Community Development
Planning Division
DATE:
January 13, 1998
TO:
Mayor and City Council
FROM:
Ashland Historic Commission
RE:
NATIONAL REGISTER NOMINATION
At its regularly scheduled meeting of January 7, 1998, the Historic Commission
unanimously agreed to recommend favorable approval of the Harry L. Whited House
(1898) located at 321 North Main Street to the National Register of Historic Places.
A copy of the nomination is available for your review in the Planning Department.
-,
',-
~
MEMORANDUM
CITY OF ASHLAND
Department of Community Development
Planning Division
DATE:
January 16, 1998
TO:
Honorable Mayor and City Council
FROM:
John McLaughlin, Director. of Community Development
RE:
Adoption of Findings, PA97-084, Land Partition
Steve Morjig, 610 Ashland Street
Attached are findings prepared for adoption in support of your decision to approve the
above referenced land partition. Included is a modification of the condition, as required
by Council, to require the full connection of Forest Street between Weller Lane and
Morton Street.
Please note the applicant has requested that the Council reconsider this action (see
attached memo from the City Attorney).
Attachments:
Findings
Memo from City Attorney (1-16-98)
Letter from John Hassen (1-14-98)
,--
::'
BEFORE THE ASHLAND CITY COUNCIL
January 20, 1998
IN THE MATTER OF PLANNING ACTION #97-084,
LAND PARTITION. THE PROPOSAL INCLUDES THE
IMPROVEMENT OF A PORTION OF FOREST STREET
LANE.
REQUEST FOR A )
EXTENSION AND )
EAST OF WELLER)
)
)
)
)
FINDINGS,
CONCLUSIONS
AND DECISION
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 parti tioning is not in conflict wi th 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 wi th an asphal tic 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 remons tra te bo th wi th respec t 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 prohibi ted 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.
5) The application was appealed in a timely manner in accord with
ordinance requirements by Mark and Jini Danis. The Ashland City
Council, following proper public notice, held a public hearing on
January 6, 1998 at which time testimony was received and exhibits were
presented, The City Council approved the application subject to
conditions pertaining to the appropriate development of the site.
Now, therefore, the Ashland City Council finds, concludes and decides 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
"Mil
SECTION 2. CONCLUSORY FINDINGS
2.1 The City Council finds that it has received all
. < f~ '
,,,;..:'.~
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 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 City Council 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 Council finds that the remaining width 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 Avvroval.
A. Dedication of the future right-of-way for a street or
green way 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 Council finds the street grade necessary to ultimately connect
Weller Lane to lower Morton Street as shown on the City's
'.
Transportation Plan Map, The Council specifically refers to
section 18,76.170 of the Partitions chapter which requires land
partitions to "comply with the requirements of the Subdivision
Chapter relating to streets." The reference to the "Subdivision
Chapter" is interpreted to mean Chapter 18,80 entitled
"Subdivisions,"
Section 18.80.020,B,13 provides:
"Street grades
steeper areas
construction):
shall not exceed the following (streets in
shall use curvilinear, contour-oriented
Tvpe of Street
Maximum Grade
Arterials
Collector Streets
Minor Streets
7 percen t
10 percent
10 percen t
Where existing conditions, particularly the topography, make
it otherwise impractical to provide buildable lots, the
Planning Commission may accept steeper grades. In fla t areas,
allowance shall be made for finished street grades having a
minimum of one-half (1/2) of one (1%) percent."
The Council finds that under this code provision a new minor or
collector street cannot exceed 10% unless "existing conditions,
particularly the topography, make it otherwise impractical to
provide buildable lots." The Council finds that the topography in
this instance related to the extension of Forest Street off of
Weller Lane necessitates a grade in excess of 10%. The Council
finds that the proposed grade of 18% is acceptable to allow for the
provision of buildable lots in accord with section 18.80.020.B.13.
The Council further finds that the Forest Street connection is an
adopted street extension indicated on the City's Street Dedication
Map and that it provides an important neighborhood connection and
facility to allow efficient future development of the area.
The Council finds that another ordinance provision related to
street grades 18.88.050.B.1, street. and flag drive grades in
Performance Standards Developments is not applicable to this
development. The proposed action is a partition and not a
performance standards development,
2.4 The Council finds that in order to allow for further
partitioning or development of the remainder of the property, that
Forest Street must be improved providing a connection between
Weller Lane and Morton Street. This will involve the improvement
of the street across tax lot #1900 to the east, This connection
will allow for two access points to the property. The Council
finds that one access off of Weller Lane does not provide adequate
transportation to allow for the further development of the property
as proposed by the applicant,
'.:-"
SECTION 3. DECISION
3,1 Based on the record of the Public Hearing on this matter, the City
Council 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 anyone 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, including full
connection to lower Forest Street across tax lot 16AB #1900 prior to the
issuance of a building permit or further lot division of 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.
That the recommendations of the Tree Commission be incorporated
a revised site, size and species specific landscaping plan at the
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,
5)
into
time
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
improvement district for the installation of sidewalks along
Street prior to the signature of the final survey plat,
a local
Ashland
-
~ .
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)
project's
preserved:
That the following measures be incorporated during the
development to ensure the health of mature trees to be
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.
minimum.
Cuts within the dripline to be hand-cut and kept to a
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.
Mayor Catherine Golden
Date
CITY OF ASHLAND
Office of the City Attorney
(541) 488-5350
20 East Main, Ashland, OR 97520
(541) 488-5311 - Fax
MEMORANDUM
Paul Nolta, City Attornay
Sharlene P. Steph..... L_I A..lstant
DATE:
January 16, 1998
TO:
Mayor and City Council
FROM:
Paul Nolte
RE:
Morjig Request for Reconsideration
You have received a letter from John Hassen, an attorney representing Steve Morjig,
requesting the council to reconsider its decision regarding Morjig's partition application
heard by the council at its last meeting (January 6, 1998). Since there is no process
under the land use code for reconsideration, nor is there any requirement that you
reconsider your vote when requested, this was not placed on the council's agenda. If,
however, you choose to reconsider your vote, then, by council rule (AMC ~ 2.04.120),
reconsideration can be made at the meeting in which the motion was adopted or at
the next meeting. Robert's Rules specify that the motion must be made by one who
voted in favor of the motion being reconsidered.
Should the council decide to reconsider the previous decision, the motion to
reconsider must be adopted at this meeting and could be entertained under Section
XII, Other Business From Council Members. If the council adopts the motion to
reconsider and if the council is going to consider the information contained in
Hassen's letter or additional information from the applicant, then such information
should not be discussed at this meeting. In order to assure a fair opportunity to be
heard on the information submitted by the applicant, adequate notice should be given
to all persons who appeared at the land use hearing. The council should schedule this
matter for a Mure meeting in order to hear the applicant and other parties.
Also, before the council decides whether to reconsider its vote at this meeting, it
should first determine if the applicant requests that the 120-day period within which the
final decision must be made (ORS 227.178) be extended for 60 days.
c: John Hassen
(p:p1anning\cn-morji.1"MIT11
(
HORNECKER, COWUNG, HASSEN & HEYSELL, LL.P.
Attorneys at Law
Gregory T. Homecker
Robert I.. Cowling
John R. Hassen
R. Ray HeyseD
Ii Scott Plouse
P. David Ingalls
Adam T. Stamper-
Josepb E. Kellennan
Richard Ii. Berman
P. O. Box 670
129 North Oakdale
Medford, OR 97501
(541) 779-8550
Fa> (541) 773-2635
e-mail: mail@bJackbom.CXlm
James A Wallan
Cynthia A. Wieos
Benjamin M. Bloom
Sydnee R. Berg
Daml R. JaIVis
William F. Wilson
Charles R. Bolen
. Also Admitted
in California
Of ec.n,e/
B. Kent Blackhurst
l'zvia B. Hog>n
January 14, 1998
Mayor Cathy Golden
Ashland City Council Members
Ashland City Hall
20 East Main
Ashland, OR 97520
Dear Mayor Golden and Council Members:
Our office represents Steve Morjig in connection with his
application to partition property in the vicinity of Forest
Street and Weller Lane in the City of Ashland.
I understand that the public hearing in connection with this
matter has been closed, but that the Council has not taken final
action on Mr. Morjig's application. That action is to be taken
at the next Council meeting on January 20, 1998.
On Mr. Morjig's behalf, we hereby request that the Council
reconsider its initial decision relating to the access to the
property. It appears that the City will require the connection
of Forest Street as it comes off Weller Lane to the extension of
Forest Street from its intersection with Morton Street before it
will allow further development of his property.. The problem for
Mr. Morjig is that Pat Wolfe, the owner of Tax Lot 1900, is not
willing to dedicate Forest Street where it will cross her
property to make that connection at this time.
Mr. Morjig is willing to construct Forest Street from Weller
Lane along the south boundary of his property and then in a
northerly direction along the east boundary of his property to
the point where it can connect to Forest Street at some future
time when Tax Lot 1900 is developed. The City's policy in the
past has been to approve street extensions and to have them stub
in at the property boundary of the next property to be developed
so that the street can be further extended as the next property
develops. It would only make sense to do that in this case. Mr.
;
Mayor Cathy Golden
Ashland City Council Members
January 14, 1998
Page - 2
Morjig has designed a hammerhead termination at the point that
the construction of the street would stop on his property to
allow vehicles using the extended Forest Street to have a turn
around. This would further the City's goal and transportation
plan to eventually connect Forest Street from its stub off of
Weller Lane to its eventual connection with Morton Street.
I understand a majority of the Council also had a concern
that a portion of the extension of Forest Street will have a
grade of 18 percent. A majority of the Council believed that was
not allowable under the City requirements for street
construction. However, the Street Resolution No. 91-39, setting
Standards For Determining Adequate Street Capacity, does not
disallow a street with an 18 percent grade. It simply reduces
street capacities depending on the grade of the street. Even
with the 18 percent grade, the section of Forest Street to be
used by the properties within the partition area and Weller Lane
will have the necessary street capacity. In addition, the
extension of Forest Street has an 18 percent grade for only about
160 feet. Finally, this should be grand fathered in because this
street connection was planned prior to the change in the City's
design requirements. Attached are copies of Staff's Memorandum
to Mr. and Mrs. Danis and Resolution No. 91-39 relating to the
grade issue.
The connection of Forest Street from Weller Lane to Morton
Avenue will provide a desired circulation pattern for the City
when Tax Lot 1900 is developed.
As you know, the planning staff and Planning Commission
initially recommended approval of the partitioning of Mr.
Morjig's property. The fact that Forest Street was stubbed into
the property now owned by Mr. Morjig from Weller Lane, indicates
that the City initially intended that there would be a connection
from Weller Lane through the subject property at some time in the
future. Now is the time to further that plan. The owners of Tax
Lot 2001, Mr. and Mrs. Keevil, support this plan. The owners of
Tax Lot 2128 have no legal basis for opposing the plan. They
have constructed their driveway within the dedicated street
right-of-way. They are not entitled to block the development of
Mr. Morjig's property to prevent their driveway from being
reconfigured to conform to the development of the street.
I understand that one of the Council members who was a part
of the majority decision at your last meeting must make the
motion to reconsider. I hope someone will do so so this matter
Mayor Cathy Golden
Ashland City Council Members
January 14, 1998
Page - 3
can be resolved. The present decision leaves Mr. Morjig with no
way to proceed with the partitioning of the property because the
access across Tax Lot 1900 cannot be obtained.
After the public hearing was closed, issues were raised by
Council members that Mr. Morjig could not address. He believes
he could have answered concerns of Councilors had he had an
opportunity to do so.
Very truly yours,
~~~
~'R. HASSEN
JRH:hlk
cc: Steve Morjig
d1/14/98 14:52
'6'503 488 5311
CITY HALL-ADMIN.
@001l001
~
Mark and Jini Danis:
I looked at the issues you raised regarding the Morjig development off Forest Drive.
One issue dealt with street grades and whether a street could be created which
exceeded the street grade restrictions contained in the land use ordinance. There is
nothing in the newly adopted transportion plan specifically addressing street grades or
specifically amending the existing code provisions regarding street grades. The
provision in the code most applicable to street grades for this' application is section
18.76.170 which requires major land partitions to .comply with the requirements of the
Subdivision Chapter relating to streets.. The reference to the .Subdivision Chapter. is
Interpreted to mean chapter 18.80 entitled .Subdivisions:
Section 18.80.020.B.13 provides:
"Street grades shall not exceed the following (streets in steeper areas shall use
curvilinear, contour-oriented construction):
T voe of Street
Maximum Grade
Arterials
Collector streets
Minor streets
7 percent
10 percent
10 percent
Where existing conditions, particularly the topography, make it otherwise
impractical to provide buildable lots, the Planning Commission may accept
steeper grades. In flat areas, allowance shall be made for finished street grades
having a minimum of one-half (1/2) of one (1%) percent."
Under this code provision a new minor or collector street cannot exceed 10% unless
.existing conditions, particularly the topography, make it otherwise impractical to
provide buildable lots.. Apparently part of the proposed new street includes grades up
to 18%. Because the transportation plan recognizes this street as a part of the
transportation system and because the above code provision will allow grades steeper
than 10% where topography conditions are such that lesser grades cannot be
avoided, it is not an unreasonable interpretation to allow these grades for this
application.
(The other ordinance provision relating to street grades - code section 18.88.050.B.1
provides that 'street and flag drive grades in Performance StandardS Developments
shall not exceed a maximum grade of 15%." Since this partition is not a performance
standard development that provision does not apply.)
Po..r-il" Fax Note 7671 0...
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1'11006' Je.,..: 51=.!" ~ /11.0 {. tL.i -I- s (
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Fax.
Fax.
J
.~::,7
RESOLUTION NO. 91-39
A RESOLUTION OF THE CITY OF ASHLAND SETTING
STANDARDS FOR DETERMINING ADEQUATE STREET CAPACITY
WHEREAS, the City's land use planning process contains criteria for
approval which require that adequate street facilities be
available; and
WHEREAS, there is no comprehensive document that defines adequate
street capacity for the City; and
WHEREAS, there is a need for the Council to establish such a policy to
provide guidance for decision makers in the planning process,
and for future planning purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASHLAND AS FOLLOWS:
SECTION 1. The following is considered adequate capacity on Ashland
City streets and intersections:
A. Arterial streets or any street, regardless of designation, in
areas zoned or designated in the Comprehensive Plan for C~l, E-1, or
M-l uses: Level of service "D" for no more than 20 minutes per day
for average conditions.
B. Intersections of arterial and arterial, collector and collector,
and arterial and collector streets: Level of service "D" for no more
than 20 minutes per day for average conditions. Residential
intersections are assumed to have adequate capacity unless the
physical alignment of the intersection is shown to affect the safe
capacity of the street.
C. Collector streets in areas zoned or designated in the
Comprehensive Plan for residential uses: No greater than 3,000
vehicle trips per day for average conditions.
D. Sub-collector streets of less than 10% grade in areas zoned or
designated in the Comprehensive Plan for residential uses: 1250
vehicle trips per day for average conditions.
E. Sub-Collectors gre~ter than 10% grade and all Residential streets:
No greater than 800 vehicle trips per day (VTD) for average
conditions.
SECTION 2. Minimum street width, Any street which is less than 20
feet in width (travel portion) is considered to have no additional
capacity.
SECTION 3. Sidewalk required. Any residential or sub-collector
street that does not have at least a four foot unobstructed sidewalk
on one side shall have the maximum capacity for th~ affected section
reduced by 25%.
{
"..}
SECTION 4. Effect of Grade. Any residential or sub-collector street
that has a grade of over 10 percent shall have its capacity reduced
for the affected section by 3 percent for each percent of grade in
excess of ten percent. Any residential or sub-collector street with a
grade in excess of 18% shall be considered to have no additional
capacity.
SECTION 5. Mitigation Measures. For areas zoned for Commercial,
Employment, or Industrial uses, in addition to measures that will
increase the capacity of streets to carry automobile traffic, the City
may, in lieu of meeting the standards, accept traffic and demand
control measures, such as:
1. Transit facilities.
2. Pedestrian facilities.
3. Bicycle facilities.
4. Demand Management Programs.
5. Employee programs which encourage alternate travel to work.
6. Any other facility or program that the city finds will be
reasonably successful and effective in encouraging alternate travel.
The foregoing Resolution was READ and DULY ADOPTED on the 15th day of
October, 1991.
~ .i. Z:~-IJ~
Nan E. Franklin
City Recorder
.~
SIGNED and APPROVED this ,~I - day of october, 1991.
/~~~M~~
Catherine M. Golden
Mayor
do\cc\new.on:l\~.rn
\
(
,
.
CITY OF ASHLAND
Office of the City Attorney
(541) 488-5350
20 East Main, Ashland, OR 97520
(541) 488-5311 . Fax
MEMORANDUM
Paul Nolte, City Attorney
Sharlena P. Steph...s, Legel Assistant
DATE:
January 9, 1998
FROM:
Mayor and City Council
Paul Nolte
TO:
RE:
An Ordinance Amending Chapter 2.32 of the Ashland Municipal Code to
Repeal Specification of Rates for Compensation of Counsel Appointed to
Defend Indigents Accused of Crimes
The attached ordinance is being sent to you at this time pursuant to Article X,
Section 2(c) of the municipal charter. This charter provision permits reading the
ordinance by title only when council members are provided a copy one week in
advance of the meeting. This ordinance will be will be scheduled for the council
meeting to be held on January 20, 1998.
Revisions to this ordinance were initiated to bring the fee schedule in Section 2.32.030
into compliance with the court's practice. Fees are now budgeted and set by the
court and have been for several years. Additionally, some of the grammar and archaic
language were changed as well.
Attachment
c w/attachment:
Greg Scoles
Jill Turner
Allen Drescher
Barbara Christensen (x3)
(a:\caunciNndigent.mem)
/ f
t
"
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 2.32 OF THE ASHLAND
MUNICIPAL CODE TO REPEAL SPECIFICATION OF RATES FOR
COMPENSATION OF COUNSEL APPOINTED TO DEFEND
INDIGENTS ACCUSED OF CRIMES
ANNOTATED TO SHOW DELETIONS AND ADDITIONS. DELETIONS ARE U~IE9 THROYCH AND
ADDITIONS ARE ~.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 2.32 of the Ashland Municipal Code is amended to read as
follows:
Chapter 2.32
COUNSEL FOR INDIGENTS'
Sections:
2.32.010
2.32.020
2.32.030
2.32.040
Authorization.
Appointments.
Appointee-Compensation-Payments
Appointee--Compensation-~ when.
2.32.010 Authorization. Any ~person charged in the municipal court
with an offense for which, if convicted, they "may be sentenced to
confinement in the City or C~ounty jail, sKeept iR eases 'lItlere e8nfinement is
not liI~ely, shall, if sueR pefS8R is iREligeAt, have the right to apply to the court
for the appointment of an attorney to assist in th~efense. Where
any defendant makes such request and claims to be indigent and unable to
secure legal counsel necessary to theiF _~efense, and the judge of the
municipal court is satisfied to the sworn, written statement and examination of
the defendant that the defendant is an indigent person lacking the resources to
engage the service of an attorney to represent ttlem ~_n the defense
of the charge, the court shall be authorized to arrange for legal counsel for the
saiEk:lefendant, at the expense of the city, in the manner prescribed by this
chapter.
2.32.020 Apoointments. The judge presiding in any cause whereiA the
defendant is found to be indigent and unable to arrange for legal counsel as
above set forth may cause a licensed private attorney to be appointed for saiEI
~g:4purpose. /\ppoints sAalll3e maEle from a list, eempileEl BY tAo juElge, of
1 For statutory provisions regarding the appointment of counsel for indigents, see
ORS .~~."""'~@'l"~.
~~
PAGE 1-ANNOTATED ORDINANCE (p:onlImunif_.lOlO)
\.
..
attOrAeys either residiR!il with the eity limits or haviRg aR omee fer the I3raetiee of
10'1. within said eity limits.
2.32.030 Appointee--Compensation-Payment.
A The attorney thus appointed shall be eompensated at the following
rate:I!T"~_~
1. \~Ilen the aSGLJ&sa is charged \~:ith a mi&domeanor and Q
pica of "guilty. is eRteree er the eharge dismisseet, forty
($10.00) etollaFs;
2. 'NhenJhe accuscet is chargee with a misetcmeanor aRet a
plea of "Rot guilty. is enlema, ana the ease is triea to the
Court withol:lt a jury, ei€lRt}' ($89.00) etollars;
3. '!/hen 11:10 aeelJssd is ehafged v:ith a miodemeaner and a
plOD of "not €Iuilty' is enlereet ena the ease is trieet before a
jury, one hunetree fifty ($160.90) aollars;
4. The Municil30l Juetge may ellow aetetitional compensation for
court appoiAtea eounsel in elEeeptional eases.
8. The attornoy shall reeei':e eoml3ensetion upon completion of such
seF\ieos on eraer of the munieil3al jua!ile aireeted to the City
Reeorder.
2.32.040 ADoointee--Compensation--Reoaid when. In the event an accused is
found guilty and receives a suspended jail sentence or is placed on probation,
the municipal judge, in his!Rer etiseretion as a eonetitioR thereof, may require
repayment to the city of any attorney fees allowed.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the
and duly PASSED and ADOPTED this
,1998,
,1998.
day of
day of
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,1998.
Catherine M. Golden, Mayor
Approved as to form:
Paul Nolte, City Attorney
PAGE 2-ANNOTATED ORDINANCE (p:onl\rr<mif_.onol
.
MEMORANDUM
CITY OF ASHLAND
Department of Electric Utilities
DATE:
January 15, 1998
TO:
Honorable Mayor and City Council ) ^
Peter V. Lovrovich, Director of Electric Utilitie~~ ~
FROM:
SUBJECT: Activity Status/Ongoing projects
Wholesale Power Contract Review:
The City of Ashland currently has in place a wholesale power contract with the BPA,
providing all power requirements until the year 2001. Although our present rates are very
favorable, we continue to pursue the possibility of upgrading our contract through a
consortium of nine Public Utilities called OURCA, of which Ashland is a member. I have
attended two meetings in December of 1997 and will be attending another in February, in
order to discuss possible rate options with BPA. These meetings are in addition to our
monthly communications with John Lebens, our BPA Account Executive.
Greensprings Power Plant:
The Greensprings Hydro Power Plant, located on Buckhorn Springs Road, 8 miles
southeast of Ashland, is owned and operated by the Bureau of Reclamation. The power
produced by this Power Plant has been procured by PP&L through a contract with the
Bureau. The contract with the Bureau will expire in the year 2000. I have been in contact
with the Regional Director, Terry Kent, discussing the possibility of Ashland securing the
power output when the existing contract expires. The Bureau agrees that Ashland should
have the first right of refusal due to the fact that Ashland is a Public Utility. The
Greensprings Power Plant produces up to 18 MW of power at it's peak, which relates to
almost two thirds of Ashland's requirements. The cost of power from this facility is
approximately one half of what we currently pay BP A. This could result in a very large
savings in wholesale costs to the City. I will keep the Mayor and Council apprised of
further developments as they arise.
-'
.
Telecommunications Grant:
We are currently compiling applications for two grants available through the Federal
Government, Telecommunications and Information Infrastructure Assistance Program
(TIIAP), U.S. Department of Commerce and Telemedicineillistance Learning. Funds
available through these agencies amount to 1.1 miIlion dollars for projects such as our
Ashland Fiber Network Project.
I met with Senator Ron Wyden's aides in order to explain, in detail, the concept behind our
Ashland Fiber Network Project. Senator Ron Wyden is a member of the Federal
Telecommunications Committee and has been instrumental in helping Klamath Falls
secure grants for Telecommunications. His office has committed to us their help.
Our projected completion date for the Telecommunications Business Plan is 1/30/98,
presentation to follow.