HomeMy WebLinkAbout1991-1015 Council Mtg PACKET Important: Arty citiz*,''attending Council meetings may speak on any item on the agenda it is
the subject of a public hearing which has been closed. If you wish to speak, please rise
and after you have been recognized by the Chair, give your name and address. The
Chair will then allow you to speak and also inform you as to the amount of time allotted
to you. The time granted will be dependent to some extent on the nature of the item
under discussion, the number of people who wish to be heard, and the length of the
agenda
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
OCTOBER 15, 1991'
I. PLEDGE OF ALLEGIANCE: 7:30 .P.M. , Civic Center Council Chambers
II. ROLL CALL
III. APPROVAL OF MINUTES: Regular Meeting of October 1, 1991.
IV. CONSENT AGENDA:
1. Monthly Departmental Reports - September 1991.
2. Set public hearings for amendments to land-use ordinance as
follows:
a. P.A. 91-100 Wildfire Lands Ordinance, and P.A. 91-101
Conditional Use Permit Ordinance (November 5, 1991)
b. P.A. 91-102 Parking Ordinance, and P.A. 91-127 Sign
Ordinance Amendments (November 19, 1991)
c. P.A. 91-087 Manufactured Housing Development Ordinance
(December 3 , 1991)
V. UNFINISHED BUSINESS:
J1. Appeal from a decision of the Planning Commission on
proposed development of property near Helman and N. Main
Streets. (Lloyd Haines, Applicant)
VI. NEW & MISCELLANEOUS BUSINESS:
1. Draft of reimbursement policy for elected officials.
2. Request by Friends of Ashland to address the City Council
regarding initiation of amendments to standards for
commercial developments.
3. Approval of sale documents concerning purchase of 120 acres
from Robert Brevik on upper Park Street.
VII. PUBLIC FORUM: Business from the audience not included on the
agenda. (Limited to 15 minutes)
VIII. ORDINANCES. RESOLUTIONS & CONTRACTS:
Aq I1. Second reading by title only of an ordinance amending
/f Chapter 14. 02 of the Ashland Municipal Code relative to
Customer Accounting policies.
2. First reading of an ordinance amending the Ashland
Comprehensive Plan - Chapter IV - "Environmental
Resources" .
Ir"
3 ) First reading of an ordinance amending the Ashland
Comprehensive Plan - Chapter VII - "Economy" .
4. First reading by title only of an ordinance amending the
Ashland Comprehensive Plan - Chapter VIII - "Parks, Open
Space, and Aesthetics" .
5. / Resolution setting standards for determining adequate
street capacity.
tp L 6. Resolution .initiat'ing a modificatipn to the: land-u'se
ordinance relative to approval criteria of site reviews.
Yom' IX. OTHER BUSINESS FROM COUNCIL MEMBERS
X. ADJOURNMENT
MINUTES OF THE REGULAR MEETING
ASHLAND CITY COUNCIL
OCTOBER 1, 1991
CALL TO ORDER: Mayor Golden called the meeting to order and led the
Pledge -of .Allegiance at 7:30 P.M. on the above. date in the Council
Chambers. Laws; Reid; Williams, Acklin, Winthrop and 'Arnold were
present.
APPROVAL OF MINUTES: The minutes of the Regular Meeting of September
17, 1991 were approved as presented.
SPECIAL PRESENTATIONS: Mayor Golden read the. titles of the following
proclamations: "Disability Employment Awareness Month" - October;
"National Cable Programming Week in Ashland" - October 6-12 ; "Oregon
Recycling Awareness Week" - October 1-6; "Crop Walk Day in Ashland" -
October 6; "National Fire Prevention Week in Ashland" October 6-12;
and "STAMP Month (Stop Tobacco Access to Minors Project) " - October.
Golden read the "Crop Walk Day in Ashland"• proclamation.
CONSENT AGENDA: Winthrop moved to approve the following items: 1)
Minutes of Boards, Commissions & Committees; 2) Approval of
nominations to the National Register of Historic Places for the S. and
Sara J. Pedigrift House, 407 Scenic, and the Emil Peil and Alice
Applegate House, 52 Granite Street; and 3) Designation of Mayor Golden
and Councilor Acklin as voting and alternate voting delegates to LOC
annual business meeting. Arnold seconded, all AYES on voice vote.
Mayor Golden welcomed Paul Nolte, the new City Attorney.
PUBLIC HEARINGS: 1) Appeal of P.A. No. 91-099 - Lloyd Haines,
Applicant. Mayor Golden briefly explained the conditional use permit
process. John Fregonese, Planning Dir. , read the criteria for
Conditional Use Permit, Site Review and Physical and Environmental
Constraints Permit. The area is in the floodplain corridor and
complies with standards adopted by the Council. The entire record
received by Council was entered into the record of the hearing. On a
question from Winthrop, Nolte said the criteria as noted by Fregonese
should be addressed, livability has not been defined, but "minimum
impact" should be defined in Council findings. Ex-parte contacts were
declared as follows: Winthrop spoke with Debbie Miller re: traffic
and made a site visit; Reid made a site visit; Golden spoke with
Appellant Carola Lacy, prior to filing of the appeal; and Williams
made a site visit. Craig Stone, Urban Planner, said tourists '
destination is downtown Ashland and the proposed project will produce
less traffic than most permitted outright uses of the property. Stone
asked that Public Wks. Dir. Hall respond to concerns about water and
sewer availability, and Hall said a 16" water main and 13" sewer main
on Water St. are more than adequate to supply the project. Carola
Lacy, Appellant, asked that she be allowed to speak after the audience
gives testimony.
Regular Meeting - Ashland City Council - October i, 1991 - P. i
Appeal of P.A. 91-099 (Continued)
The public hearing was opened and Rich Hansen, 1390 Tolman Creek Rd. ,
who owns two businesses downtown, said he is very much in favor of the
project and can't envision a better use of the property. Ken Seal,
1480 Oregon Ave. , spoke against the project citing traffic impacts and
an inadequate Sewage treatment facility. Richard Ernst, 975 Walker,
spoke against the'project, because of..-traffic.-impact and water
availability. Tom Matt, 346 Glenn, .spoke in favor and believes-
visitors will leave cars parked at the site. • Marcie' 1 Mizerak, 360
Scenic, said the building is out of scale with the surrounding area,
citizens should be noticed sooner on large projects, and
infrastructure project should be completed prior to allowing more
growth. Charles Inman, 814 Hillview, spoke against the project saying
it should be scaled down and citing traffic impacts, water problems.
Mrs. Harris, 235 W. Nevada, agreed with the above opponents and said
the sewage treatment plant odors will not be improved by adding to the
system. Patty Metz, 488 Lori Lane, spoke in favor saying the project
will enhance the downtown area. Tom Reid, 918 Walker, spoke in favor
and said this property should be used for tourist activities. Wes
Hoxie„821 Hillview, noted the senior residential project which was
proposed but not allowed several years ago, and said seniors in
Ashland need a place to live after retirement. David Sammons, 105
Water St. , feels the developer should pay for street improvements.
Ron Roth, 6950 Old Hwy. 99 South, spoke neither for nor against the
project but feels sewage treatment problems should be addressed. John
Schweigert, 104 Bush St. , read the first and last lines of a letter
(which was entered into the record) from Barbara Allen, 2262 Ashland,
in favor of the .project. Schweigert spoke in favor and said the
project will be paying large systems development charges. Bryan
Holley, 166 Hargadine, asked about the need for the project. Debbie
Miller, 160 Normal, asked that cumulative effects on surrounding areas
be considered. Michael Sanford, 127 Strawberry Ln. , is concerned with
water supply. Joan Drager, 123 Central, is opposed to the project and
asked that her letter dated Sept. 30, 1991 be formally entered into
the record. Beasy McMillan, 416 Liberty, is in favor of the project,
and said it will provide necessary parking. Joseph Travisano, 155
Central, is opposed due to traffic impacts and water supply. John
King, 289 Palm, spoke of traffic concerns. Ken Silverman, 90
Hillendale, spoke in favor saying the project will enhance the
community. Arthur Anderson, 13 N. Main, is concerned with
neighborhood impact, and feels a poll should be taken to let citizens
decide what constitutes livability. Jessie Fitch, 605 Terrace, said
citizens should decide where Ashland is going and neighborhood
meetings should be held. Lois Wenker, 170 Oak Street, spoke in
support, and in answer to Fitch's remark said the Planning Commission
met with every neighborhood when the Comprehensive Plan was being
prepared several years ago. Ann Claus, 70 Water St. , spoke in support
of the project, and said the land is now used for transients, drug
deals, etc. Citizen, 346 Glenn St. , spoke in support and feels it
will not add much traffic. Pokii Roberts, 131 Church St. , read a
petition containing ten signatures in support of the project (entered
Regular Meeting - Ashland City Council - October 1, 1991 - P. 2
Appeal of P.A. 91-099 (Continued)
into record) . Duane Smith, 1875 Highway 99 North, spoke in favor of
the project. Simon Kucholon, 1609 Jackson Rd. , is in favor of the
project and submitted letters from the following individuals who are
also .in support: John Clolnysby, 316 Coral Circle, Phoenix, OR; Debra
Barchard, . 125 8th St. ; Dee Selby ,and .Terry Adams,' Reinholdt & O'Harra,
3.83 E. Main 'St. ; . Steve Jannusch,' .1657 O1d .Stage. Rd. , Central :Point;
Donna Andrews, Brunner & White, 77 N. Main St. ; Alan Kaufman, 393
Granite St. ; Jim Bourque, Ashland Homes, 150 E. Main St. ; Michael
Donnelly, 252 1/2 strawberry Lane; Michael Donovan, Chateaulin, 50 E.
Main St. ; . Valri Lambert, Coldwell Banker, 2262 Ashland St. ; and Carol
Mirassou. Jill Murphey, 492 Lynn St. , spoke against the project and
said it should be scaled down. Arnold moved to extend the public
hearing past 9:30 P.M. , Reid seconded, all AYES on voice vote. Carola
Lacy, Appellant, 140 Third St. , read a prepared statement which was
included in the record, in which she stated that the project does not
meet the criteria for a Conditional Use Permit. Arnold moved to
extend the meeting until 10: 00 P.M. , Reid seconded, all AYES on voice
vote. Lacy asked that her exhibits i.e. , presentation, resolutions,
roll of 100 paper cars and two exhibits on the wall be entered into
the record.
Stone requested that the public hearing be closed but the record left
open for seven days for submission of a rebuttal prior to a decision
by Council. Golden said she would like to see a decision made now.
Stone feels they need time to correctly rebut the concerns raised and
the public hearing was closed but the record left open for seven days.
Nolte cautioned the Council to accept no further input in the form of
.letters, phone calls or personal contacts concerning the matter. The
record included in the agenda packet, the maps, and Kittelson &
Associates' traffic study, and letters on Councilors ' tables as
follows were entered into the record: In support: Michael Rydbom,
Ashland Shopping Center; Reid Burns, 115 N. Main St. , Judy Howard,
Hansen Howard Gallery, 82 N. ,Main St. , Harry Skerry, Jr. , 290 N.. Main
St. Suite 1; and against: RESOLUTION VS. HAINES ' PROPOSAL signed by.
Mary Louise Lyman and Joan T. Spear; and a letter from Joan Drager,
123 Central Ave. On a question from Williams, Nolte said no new
testimony should .be taken unless the rebuttal includes new
information. The record will be left open for 7 days as requested by
Stone and the matter will be considered at the October 15th meeting of
the Council.
2) Vacation of Lori Lane. Continued to November 5, 1991.
NEW & MISCELLANEOUS BUSINESS: 1) Jackson-Josephine Transportation
Committee. Public Wks. Dir. Hall asked that the Mayor appoint a
Councilor to this Committee and Williams volunteered. A member from
the Ashland Transportation Committee will also be appointed. Laws
volunteered to serve as Liaison to the Street Tree Commission.
Regular Meeting - Ashland City Council - October 1, 1991 - P.' 3
2) Pipeline Study. Hall requested authorization to spend $1500 to
participate in funding a study to determine estimated costs for
construction, operation and maintenance of a water pipeline from Lost
Creek Dam to Emigrant Lake. Acklin moved to authorize the expenditure
and Reid seconded. Arnold asked about environmental concerns and it
was agreed that -Hall would send a. cover letter requesting that. .
environmental . eosts and issues• be .considered from this..point on in- .the
process. The motion carried on voice vote.
3) Adopt Findings - Economic Element of Comprehensive Plan. Arnold
moved to adopt same, Laws seconded, all YES on roll call vote.
PUBLIC FORUM: No comment from the audience.
ORDINANCES, RESOLUTIONS & CONTRACTS: 1) Customer Accounting Policies.
First reading by title only of an ordinance amending Chapter 14. 02 of
the Ashland Municipal Code relative to Customer Accounting Policies.
Finance Dir. Turner explained the proposed amendments and Arnold asked
that Section 14.02 .020 C. be amended to include a statement that no
residential account shall be terminated for non-establishment of
credit. It was so agreed and Arnold moved to second reading, Winthrop
seconded, all YES on roll call vote.
OTHER BUSINESS FROM COUNCIL MEMBERS: Reid noted agendas on
Councilors' tables for an upcoming B.P.A. meeting to be held in
Ashland. She also asked about the lid for the digester at the Sewage
Treatment Plant and said complaints about odors need to be addressed.
Arnold reported that a draft resolution on street capacity will be
coming to Council soon.
ADJOURNMENT: The meeting adjourned at 10: 30 P.M.
Nan E. Franklin Catherine M. Golden
City Recorder Mayor
Regular Meeting - Ashland City Council - October 1, 1991 - P. 4
Monthly Building Activity Report: 09/91 Page 1
# Units Value
SINGLE/MULTI-FAMILY & TOURIST ACCOMODATIONS:
Building:
ADDITION 2 22,400
BATHROOM & LAUNDRY ROOM 1 16, 000
CARPORT 1 3, 000
DECK 1 500
DECK & WINDOWS 1 1, 000
DEMOLITION 1 0
ENTRY VOIDING 9109057 -1
FENCE 8 4, 330
FOUNDATION 2 10, 000
GARAGE 1 10, 000
PORCH OVERHANG 1 1, 500
REMODEL 5 153 ,800
REMODEL & ADDITION 3 58, 000
REROOF 3 4, 860
SFR 1`/ 4 619, 808
STEPS 1 125
STUDIO 1 15, 000
WINDOWS 1 500
Subtotal: $ 920, 822
Electrical:
ELECTRIC 18 12 ,833
Subtotal: $ 12 ,833
Mechanical:
GAS LINE 3 375
GFAU 11 27 ,811
MECHANICAL 1 0
Undefined 1 6, 400
WOODSTOVE 1 0
Subtotal: $ 34, 586
Plumbing:
PLUMBING 1 500
WATER HEATER 1 2 , 000
Subtotal: $ 2 , 500
Undefined (Permit #9109056V) :
ENTRY VOIDING 9109056 0
Monthly Building Activity Report: 09/91 Page 2
# Units Value
SINGLE/MULTI-FAMILY & TOURIST ACCOMODATIONS:
Misc. (V) :
Subtotal: $ 0
***Total: $ 970, 741
COMMERCIAL:
Building:
ADDITION 1 70, 000
FENCE 1 200
PAVILLION 1 4, 011, 374
RECOVERING TENNIS COURTS 1 150, 000
REMODEL 1 5, 000
REROOF 1 11, 190
Subtotal: $ 4 , 247, 764
Electrical:
ELECTRIC 2 300
Subtotal: $ 300
Mechanical:
GAS LINE 1 0
Subtotal: $ 0
***Total: $ 4 , 248, 064
l 1
Monthly Building Activity Report: 09/91 Page 3
Total this month: 88 $ 5, 218, 805
Total this month last year: 65 $ 1, 597 621
Total year to date: 301 $ 9,829, 054
Total last year: 243 $ 4 , 900, 874
This month This month This year
last year
Total Fees: 32, 691 18, 277 77 ,504
Total Inspections: 329 363 1040
NEW CONSTRUCTION: 9/91
RESIDENTIAL
PAGE NO. 1
10/08/91
ADDRESS #UNITS CONTRACTOR VALUATION
*I* SFR
1060 OAK KNOLL DR JERRY TONEY 97448. 00
2815 DIANE ST ASHER HOMES 81120. 00
237 GRANITE ST STEVE SNURE 330240. 00
1111 OAK KNOLL DR OWNER 111000.00
** Subtotal **
619808. 00
*** Total ***
619808. 00
NEW CONSTRUCTION: 9/91
COMMERCIAL
PAGE NO. 1
10/08/91
ADDRESS #UNITS CONTRACTOR VALUATION
** PAVILLION
15 PIONEER ST S EMERICK CONSTR 4011374. 00
#* Subtotal **
4011374. 00
** Total ***
4011374. 00
• . L 1
e�A Gf`ASN�ti,
GREG Ga
October 4, 1991
II' The Mayor. and City Council
CZ9l•IIIIt' Steve Hall Director of Public Works
O�llIIjPt Public Works Monthly Report for the oath of
September. 1991
The following is a condensed report of the activities of the
Public Works Department for the month. of- September. 1991:
ENGINEERING•
1. Issued 10 street excavation permits.
2 . Issued 8 miscellaneous construction permits.
3. Issued 2 dust suppressant permits.
4. Responded to 5 vision clearance complaints.
5. Performed the following work concerning the proposed
vacation of a portion of Lori Lane:
a: reviewed and verified petitions
b. computed area represented on petition
C. prepared report to Council
d. posted ;notice of vacation on site
6. Prepared agreement for use . of public right of way for .
driveway purposes.
7. Prepared and acquired the following utility permits:
a. Tolman Cr. Rd. for shopping center (Jackson Cty)
b. Crowson Rd. for Harrington P1 Sub (Jackson Cty)
c. Crowson Rd. waterline (Jackson Cty)
d. North Main St. _ (O.S.H.D. )
e. Hwy 66 for shopping center (O.S.H.D.)
8. Reviewed the following subdivision plats:
a. Oak Creek Sub
b. Oak Street Sub
C. Greensprings Sub. Ext. III
d. Clay Creek Estates
9. Updated Airport utility maps
10 . Updated FAA regulation files
11. Performed the following work on the 1991 Street Improvement
Project:
a. awarded contract
b, held pre-construction conference
C. staked and computed grades for curb construction
d. issued notice to proceed
12. Conducted traffic counts on various City streets
13. One staff member attended a 2 day auto-cad training course
at Clackamas Community College
Public Works Monthly Report
for September, 1991
Page 2
14. Referenced. geveral street .centerline intersections pk1or :to
.paving. '
15. Reset section corner at section 8, 9, 16 and 17, prepared
map of survey.
16. Surveyed, set property corners and prepared map of survey
for property off Strawberry Lane to be deeded to City.
17 . Performed the following work on the Mill Pond Subdivision
Phase VI :
a. computed City service and connection fees
b. reviewed project plans
C. held pre-construction conference
d. . issued notice to proceed
18. Performed the following work on the Peachey/Paradise
sanitary sewer assessment project.:
a. completed plans and specifications
b. distributed plans and specifications to prospective
bidders and plan centers.
C. conducted bid opening
d. prepared bid analysis and comparison
e. awarded contract
f. continued survey work to establish rights of ways
19.. Performed the following work on the Tolman Creek Road L. I .D.
a. revised signal and street assessment districts per
council requests
b. recomputed L. I.D. costs per assessment unit
c. surveyed centerline of street and cross sections
20. Conducted numerous tours for engineers submitting proposals
for the Northwest high level water system.
21. Performed .the following work on the 1991 Misc. Concrete
Project:
a. held pre-construction conference for the plaza island
reconstruction
b. completed plans and specifications for the project
C. distributed plans and specifications to prospective
bidders and plan centers
d. . issued addendum no. 1
e. staked locations of utilities and walks to be built on
the plaza
22. Arranged for the reconstruction of 5 driveway aprons on
Hersey Street to eliminate storm water flooding.
23. Arranged for the paving of a temporary cul-de-sac on South
Pioneer St.
24. Field checked the following subdivision plats:
a. Clay Creek Estates II
b. Oak Street Meadows
C. Oak Creek Subdivision
25. Prepared 2 letters of agreement for private use of public
rights of way ,for driveways.
26. Prepared letter of agreement for use of City property at
Nutley and Winburn Way.
Public Works Monthly Report
For August , 1991
Page 3
27. . Performed the following i#ork on -th'e' 1991 Storm Drain
Construction project:
a. began preparation of project specifications and
contract documents
b. completed topo survey of the Mountain Ave. storm drain
C. began mapping the Mountain Ave. drain
WATER QUALITY DIVISION
September, 1991
Water:
. . Repaired 2 leaks in City owned.water .mains. .
Repaired 8- leaks in' customer 'service and or meter. .
Repaired 1 TID leak.
Changed out 22 water meters 4 1" meters and 1 2" meter.
Installed 12 meter risers on low services.
Installed 7 new water meters with handvalves.
Installed 3 customer handvalves.
Installed 13 3/4" water services and one 111 .
Replaced 4 broken meter boxes.
Repaired drinking fountain at Oak and B Sts,replacing PRV.
Chlorinated and tied-in new water mains and put into service new
water mains at Spring Creek also at Lori Ln.
Repaired 2 water services damaged on Clay St.
Raised 2 valve boots that needed attention.
Dug ditch for Electric Dept. at Hillview for pre-paving.
Replaced all drains and Lithia lines on the Plaza for the
renovation. Ran new drains for Iron Mike, also installed new
services and drains for new fountains.
Copper Sulfated Reeder Reservoir because of algae bloom.
Sewer:
Installed 3 new 4" sewer services.
Repaired 4 sewer laterals or mains.
Responded to 3 service calls.
Rodded 14,886 ' of City sewer mains.
Videotaped 3 ,455 ' of City sewer mains.
Miscellaneous:
There were 72 requests for utility locate calls.
There was 151.8 million gallons of water treated at the Water
Treatment Plant and 54.86 million gallons of water treated at the
Waste Water Treatment . Plant.
Hauled 30 yards of rock to various job sites.
sir
City of Ashland
Street Division
--- September 1 f91 Report.
SWEEPER:
Swept. :'O4 miles.
Collected 55 yards of debris .
Responded to 101 utility location requests.
Graded several streets and alleys .
Patched pot holes and sunken services.
Patched Sherman St. from. Iowa to Allison : 24.17 tons.
--.- Patched No. Mountain Ave. from R/R tracks to new pavement: 48.42 tons.
Put leveling course on Morton St. from Siskiyou Blvd . to Pennsylvania:
20 146. 46 tons.
Completed pre--patching : Oregon and Hillv.iew Sts. : 143.69 tons.
Re-surfaced the following_ streets:
1 . Lee: Bridge? to Avery
2. Quincy; W.ightman to California
Willow: Randy to Nevada
4. Orange:: Laurel to Willow
5. Gresham: Iowa to Holly
6. Cambridge; Kent to Tudor
. o
7. Terra: Mohawk to Siskiyou
---- - G. Palmer: Oregon to Woodland
9. H.i.11 .:i.ew: Peachy to Siskiyou
Total tonnage for the above: 1 ,895.36.
--- Paved walk-ways at the Police Pistol Range for the APD.
sa
SIGNS:
127 up street, signs for contractor for sub-division on lower *Clay St.
Replaced 1 street sign and 4 no parking signs.
STORM DRAINS:
141 Cleaned out several plugged catch basins.
In
__. MISC. :
Sub--graded Police Pistol Range for paving .
Graded and oiled F. Hersey St. from Ann St. to Mountain Ave. .
Cleaned all streets to be re-surfaced .
Hauled off sweeper pile.
..L
Sealed cracks on Fernwood and Oakwood Streets.
- Saw-cut pavement on Plana to dig for Electric Dept. .
Aso
Hauled 22 loads of granite to and graded Glen Wards driveway road
for Sewer- Division .
-- - Helped in shop whien needed .
s , Cleaned up all streets that were re-surfaced .
r
2
13
e _: City, of Ash'Iand . '..
Fleet Maintenance
September' .1491 Report
.r.
mechanics completed work on 85 work orders
for various types of city equipment and vehicles.The divisions and
departments involved are as follows:
Administration : 1
,u
Building : 0
020'
Cem,°ter",: 7
Coirmur1i.t,� Service Voluntecr 1
Electr-ic : 11
2,
Ener
i27 9Y° 1
Engineering : O
Fire: v
__ . . Police: _ - 16 _
!34.
95'
3ti
Senior Van : 1
i
138
Shop: - U
1I4'i Street: '-O
42
43'': Warehouse: 1
Water: 13
Airport V
_s MISC. : 0
so
511 _ The emergency generators at City Hall and the Civic Center- were fueled
J`I and manually tested weekly.
53
541
I and M certificates issued for the month:
-- - Ashland School Distr-ict: 1
1991
CRAIG A. STONE AND ASSOCIATES
PLANNING.LANO USE&VACMUTY STUpES • CdvWfEHE EP ECT Ml hAENT . 9TE OE6
706 CAROLEY AVENUE,N.E6ORp.OREGON 87504-503. 778-0568
October 4, 1991
MAYOR AND CITY COUNCIL
Go Planning Department
City of Ashland
City Hall
Ashland,OR 97520
RE: REBUTTAL OF LLOYD HAINES
Planning Action 91-009
Honorable Mayor and Council:
This letter will serve as the rebuttal of Applicant Haines to the Issues and objections raised by
opponents during the City Council's public hearing on October 2, 1991. In most instances, the
applicant can not determine under which criterion the objections were aimed. The stated
ections are followed by the applicant's rebuttal.
General Adverse Impact: Opponents assert that the project will produce a tremendous
downtown impact that is evidenced oneppage 2 of the §Exhibit_Staff)Report.
Rebuttal: We and misconstrues econclus'nobjection
s In the Exhibit _ Staff Report. The StaffbAeport expresses
praise for the project. We believe the page 2 statement that: " ' ' ' this Is a project which will
have a tremendous Impact on the downtown, and the City in generar, was not Intended as a
negative declaration by the Planning Department, but was describing Impacts of a positive
nature. The following conclusions in the Exhibit Staff Report Indicate that the above quote
was misconstrued, and Instead was Intended as a positive statement:
"Overall, the ideals and concepts envisioned in the Downtown Plan have been
incorporated Into the design of this mixed-use development, ' ' ' .' (Exhibit_ Staff
Report p. 4)
"Staff believes that the applicant, protect architect, and project planner have done a
commendable job of incorporating the concepts for development of the parcel as
envisioned in the Ashland Downtown Plan. Further, we believe that its design is N accord
with the Site Design and Use Guidelines and Is compatible with the surrounding area, with
good streetscape and an innovative approach to parking not usually seen In Ashland.'
(Exhibit_Staff Report p. 8)
"Therefore, Staff recommends approval of the application ' ' ' (Exhibit_Staff Report
P.9)
We believe that the applicant's treatment of the site represents good planning having as its
foundation Ashland's Downtown Plan (adopted 19-Jul-88). The roject takes dramatic
advantage of the topography and provides an attractive mixed use project to create a planned
extension of the downtown as envisioned by the Downtown Plan. Pedestrian linkages with the
downtown along Ashland Creek are an integral part of the overall design. The project won
unanimous support and high praise from Ashland's Planning Commission and Historic
Commission. The prolI'ect precisely conforms to the vision for the subject properAyy expressed In
Ashland's Downtown Plan;page 42 the Plan addresses the subject property(Newbry Site):
"The Newbry site is the last large parcel of vacant land in the downtown area. Its
development will affect the downtown for many years to come. The city must give careful
thought how ifs development can enhance the downtown not detract from It The parcel
has many possibilities, but whatever the development of this property, it must be
considered an extension of the downtown and the functions of this area must support the
1
healthy economic expansions or the downtown area. It seems to lend itself to a mixed
use commercial development - retail shops, tourist and possibly residential housing, and
restaurants."
Pace and Intensity of Downtown Use:Opponents assert that the project will increase the pace
of the area because of constant activity produced by the project and 212 people that it could
accommodate at any one time. The project's occupants will crowd the downtown and produce
activity associated with swimming and tennis. The change of pace is incompatible with the
existing neighborhood.
Rebuttal: We believe the objection regards ALUO § 18.104.040(B) because "pace" was
acknowledged by the applicant to be a characteristic that defines neighborhood livability.
Opponents have determined that the project will produce 212 people because, at maximum,
there can be 106 rooms used for overnight accommodations and these could be at double
occupancy.
The objection is that the hustle-and-bustle of vehicles accessing site, people walking to and
within the downtown, and use of the swimming pool and tennis court will incompatibly alter the
pace of the neighborhood. We believe that the objection is overstated.
Regarding downtown congestion, we believe that tourists will visit the downtown whether they
stay at the project or elsewhere. At the project site, tourists can walk to downtown.
Accommodations outside the downtown require tourists to drive to the downtown area and
search for scarce parking. We do not believe that pedestrians traveling to the nearby downtown
on existing and planned sidewalks is incompatible with the surrounding neighborhood, or will
produce a change in the neighborhood's pace that poses a greater than minimal impact to its
livability. While the project may at any given time accommodate 212 people, it is very unlikely
that all 212 will be walking to or within the downtown at any one time. There was testimony that
downtown merchants rely heavily on tourist trade. We believe the presence of tourists is a
positive feature of Ashland's economy, and that the additional people produced by the project
will not be incompatible with the downtown or produce greater than minimal impacts.
As to pedestrian traffic in nearby residential neighborhoods, the pedestrian linkages do not
require visitors staying on the project site to traverse residential neighborhoods on route to the
downtown area. We believe that pedestrian traffic produced by the project in residential
neighborhoods will be compatible because: 1) the pedestrian traffic will be light; and 2)
sidewalks presently exist in the residential areas. We conclude that the small amount of
pedestrian traffic expected in residential areas will be compatible, and will not produce impacts
greater than minimal or after the pace or livability that presently exists in the neighborhood.
The swimming pool is located centrally on the site. View of the pool is blocked by planned
buildings and vegetation along the creek. The tennis court is located adjacent to land zoned
Employment (E-1) a zone allowing commercial and light industrial uses. The only property
owner living on Water Street, nearest to the pool and tennis area, testified in favor of the project.
Noise produced by swimmers will be blocked by planned buildings to the north and west.
Ambient raise is produced by the viaduct, other surrounding streets and by water running in the
creek. We conclude that use of the swimming pool and tennis court will not be incompatible or
produce greater than minimal impacts that affect the "pace"and livability of the area.
We believe that an important consideration here is that existing development on all streets
bordering the subject property is of a commercial nature with the exception of two existing single
family dwellings located on Helman Street south of its intersection with Central Avenue. The
type and nature of the existing adjacent commercial uses are described in Exhibit
Noise: People, automobiles, tour busses, and sports events at all hours will produce noise at
levels that Impact the livability of the neighborhood. Project construction will produce noise,
dust, and pollutants.
Rebuttal: There is no evidence that tour busses will be used to transport people staying on the
premises. The applicant does not Intend to use tour busses. Sports activities (swimming and
tennis) were covered above. There is no evidence that the presence of vehicle traffic will
Rebuttal of Lloyd Haines Page 2 08-Oct-91
produce noise impacts that affect the neighborhood's livability more than minimally, or that
cause the project to be incompatible.
Traffic: The proposal will produce 1,300 vehicles per day. The additional traffic will produce air
quality and noise impacts. Congestion will occur at the following intersections:
Central/Helman
Central/Laurel
Central/North Main
Water @ the Plaza(North Main Street)
Traffic on 'B'Street will not be able to get onto Water Street.
Traffic volumes(1,300 ADT)would be incompatible with the neighborhood.
The applicant has not assessed the need for traffic signals.
Some of the nearby neighborhood that is presently developed with single family houses but
zoned for multiple family housing (R-3), because of traffic produced by this project, may convert
to apartments;the cumulative effect of more traffic that could be produced by future apartments
have not be evaluated.
Rebuttal: Noise produced by automobiles was addressed above. Regarding air quality,there is
no evidence that air quali Impacts produced by vehicle travel to the project will result in
incompatibility with the neighborhood, or that it will produce greater than minimal impacts upon
its livability.
The Exhibit_Traffic Study Prepared by Kittleson & Associates, Inc, registered transportation
engineers analyzes traffic during the afternoon peak period. Traffic counts were taken during
Ashland's tourist season while the Oregon Shakespeare Festival's Elizabethan Theatre was
operating. The "afternoon peak" is the time of day when the most vehicles at any given time
travel city streets. As stated in the Exhibit _ Trafic Study: "If intersections can operate
efficiently, the street segments associated with the intersections can be expected to even more
operate efficiently." The Traffic Study projected a 'worst case" scenario with respect to project
occupancies; the report assumes that 106 rooms will be used for ovemight.aocommodations.
The traffic impacts analyzed also Include those produced by retail and office uses. The report
states that it has overestimated the magnitude of impacts the project will produce.
Conclusions of the Exhibit—Traffic Study (Pages 16-18)are:
"Based on a review of the circulation system and land use distribution in the vicinity of
Oak Street and B Streets, it is assumed that traffic volumes on both of these streets is of
the same order of magnitude as the traffic on Water Street, Heiman Street and Central
Avenue."
As shown for the other intersections in the vicinity, the addition of 25 vehicles of site
generated traffic during the afternoon peak hour will not create a significant impact on
street or intersection operations."
"The majority of the 25 vehicles referenced above are related to the overnight lodging of
the condominium development. Overnight lodgers would not necessarily be aware of the
opportunity to use Oak Street and B Street. Therefore, 25 vehicles may over state the
amount of traffic that may use these two streets."
"Vehicles accessing the site via the Central Avenue driveway may still find C Street to
Heiman Street to Central Street to the driveway as being faster than C Street to Oak
Street to B Street to Water Street to Central Street using the driveway. Again, 25 vehicles
may be overstating the amount of traffic using the Oak Street route."
"Based on a comparison of existing conditions to those after project development, it is our
opinion that conditions are nearly identical, and that no significant volumes of traffic will be
I
Rebuttal of Lloyd Haines Page 3 08-Oct-91
distributed on local streets."
"Intersection levels-of-service' (LOS) 'do not change with the addition of site generated
traffic and no traffic mitigation measures are required."
"We have analyzed the traffic impacts in relation to the City of Ashland's criteria in
Subsections 18.104.040(B) and(C) of their land development ordinance. Or opinion is
that the project will not generate peak hour or total cumulative traffic at levels that produce
impacts to the surrounding neighborhood that is greater than minimal given the location,
size, design and operating characteristics o/the development. Based on our analysis, it
is also our opinion that peak hour and total traffic produced by the development will not
result in the project being incompatible with the surrounding neighborhood. From a traffic
generation perspective, we believe that the project will be compatible. In comparison to
other potential uses that are permitted outright in the C1 zone, th subject use will
produce far less traffic and be substantially more compatible."
The above conclusions of the Exhibit — Traffic Study allow a conclusion of consistency the
ALLIO§ 104.040(B)and (C).
In addition, the Traffic Study (Page 16) examined the potential traffic Impact that could be
produced If the property were used for a retail shopping center, a permitted use that does not
require a conditional use permit. The Traffic Study found that a shopping center would produce
on the order of four to five times the volume of traffi6 produced by the subject use.
Regarding the argument that noise and traffic from the project will encourage potential
conversion of the single family neighborhood zoned R-3 to multiple family housing is speculative
and not based on any evidence in the record. No property owner within the surrounding
neighborhood testified that they would sell or otherwise convert their home to apartments as a
result of the project. Given the size of parcels as evidenced by the Exhibit map, and sound
condition of existing homes in the area as evidenced by the Exhibit_photographs, we do not
believe there is a strong likelihood of any apartment conversions; conversions would simply be
too expensive, requiring acquisition of at least four Individual occupied/built parcels at a cost of
+/-$100,000 each to acquire a single acre of land upon which apartment could be built. Even at
high land price levels in Ashland, -/+$400,000 per acre is several times the cost of vacant
multiple family land.
Safety: People staying at the project will have a "vacation mentality" that will make pedestrian
and bicycle travel on Central Avenue dangerous. Children use Central Avenue to walk to
Briscoe School. Dogs on the street would be endangered by increased traffic.
With parking allowed on both sides of Central Avenue,two cars can not pass without one having
I o pull over. The widening of Central has not been considered, and, if needed, the cost should
not be bom by existing residents along Central. Central should not be a by-pass for the
downtown area.
Rebuttal: There is no evidence that a "vacation mentality" exists, or that people who have a
"vacation mentality"drive or otherwise behave in an irresponsible manner.
As to children walking on Central Avenue to Briscoe School, (located across North Main),
Central has sidewalks. As to the project producing a greater traffic danger to dogs, we believe
that any dogs running at large in an urban environment are endangered by vehicles.
Central Avenue is a fully Improved city street that has a paved width of 30 feet, (Exhibit_J. No
change in the location or function of Central Avenue is proposed. Passenger vehicles are
generally about six feet wide or narrower. Parked within six inches of the curbs,there still exists
17 feet, adequate space for vehicles to pass. No widening of Central Avenue is required. While
in the long range the City may consider changes in the way traffic and parking in the area is
regulated, no changes are proposed at this time and none are required. We conclude Central
Avenue is presently adequate, and that its use by project traffic is not incompatible with the
neighborhood, and that traffic impacts to Central will be no greater than minimal.
Rebuttal of Lloyd Haines Page 4 0 8-Oct-91
Parking: Potential overflow parking on nearby streets impact the area's livability. An earlier
proposal was rejected because it did not meet the criteria for a parking variance, and because
the City determined that the property should be used for a commercial purpose.
Additional parking for employees, and for use of the conference rooms should be required in
addition to that required for the primary uses in the building.
Parking in the Plaza area is scarce; the project will increase the demand for parking spaces in
the Plaza.
Rebuttal: The project meets the off-street parking requirements of ALUO § 18.92.020. The
off-street parking standards of the ordinance include parking for the employees of commercial
uses. No additional parking for employees is required by the ordinance. The Exhibit_ Site
and Architectural Plans cover sheet indicate the parking breakdown by use, indicating parking
for employees has been provided.
Nearly all hotels and motels have rooms used for conferences. The small conference rooms in
the hotel are accessory, secondary, and subordinate to the primary hotel/residential use of the
property. The ordinance does not require additional parking for the conference rooms. The City
has consistently interpreted its parking ordinance, and has never required parking for conference
rooms within motels or hotels.
Notwithstanding the availability of required parking, some people park on public streets. The
project will involve improving Central Avenue along the frontage of the property. The
improvement will result in the provision of 25 additional on-street parking stalls. To the extent
that the project may result in some cars parking along nearby streets, this does not make the
project incompatible or produce impacts to the neighborhood's livability that are greater than
minimal.
Regarding a previous land use action on the subject property that resulted in denial because the
use sought a parking variance, and was not for commercial purposes, the subject project: 1) Is
for commercial uses. The hotel, office, and retail spaces are all uses listed in the C-1 zone. To
the extent some units will be occupied by owners, ALUO § 18.21.030(F) allows residential uses
in the C-1 zone as a conditional use. 2) No parking variance is requested in this instance.
Off-street parking is provided at levels consistent with the requirements of ALUO § 18.92.020.
The project is eligible for up to a 15% reduction in the total number of required parking spaces
under ALUO§ 18.982.060(C);the applicant did not seek any reduction in the number of parking
spaces. 3) The Ashland Downtown Plan was developed and adopted (July 19, 1988) in
response to the earlier project that was denied. The subject project was designed specifically to
reflect the statement of city policy for the subject property that is articulated in the Downtown
Plan.
As to the project making parking in the "Plaza" area more scarce: We believe that Ashland Is a
tourist destination. Ashland's primary tourist attractions are in the downtown. If overnight
accommodations are located on the outskirts of the city, visitors will drive to their hotel/motel,
park and unpack, then drive to the downtown and search for scarce parking. If visitors stay on
the subject property, they can park and easily walk to the nearby downtown area that is
connected to the subject property with planned and existing sidewalks. Rather than contributing
to downtown parking problems,the subject use in the proposed location will reduce the demand
for parking. As proposed, parking located primarily beneath the buildings is sufficient and
compatible with the downtown and other portions of the surrounding neighborhood, and will not
produce impacts greater than minimal upon the neighborhood's livability.
Water and Sanitary Sewer: Opponents assert that some residents presently experience water
pressure problems. The project will cause additional water problems by requiring an additional
30,000 gallons per day (gpd). Ashland residents require only 145 gpd. Guests would be
unconcerned with Ashland's water problems; water connection permits should be based on the
uses determined by the community to be most important. The water conservation measures
suggested by the Public Works Department require unreasonable measures.
Rebuttal of Lloyd Haines Page 5 08-Oct-91
Talent Irrigation District (TID) water is now required to augment other municipal water sources.
TID water is of lower quality and the it should not have to be used by the citizens of the
community.
In drought years,the project will consume water that should be reserved for residents who live in
the City all year long.
The "Beck water report" found that the present water system is inadequate for fire suppression
in some areas of the City.
The City's sewerage treatment plant can not accommodate the additional volumes of waste
produced by the project. The treatment plant presently discharges untreated sewerage into
Bear Creek. Opponents testified that they sometimes smell sewerage.
Rebuttal: During the public hearing the City of Ashland Public Works Director testified
unequivocally that the sizes of sewer and water lines in the area, the condition and capacity of
sewer and water treatment facilities, and water supply and pressure in the area would be
sufficient to support the proposed project. We believe the testimony of Steven Hall, registered
professional engineer and Ashland Public Works Director, to be the opinion of an expert. There
was no evidence that public sewer and water facilities are inadequate to support the project.
The City has augmented its water supply with TID water since the 1970's. Conditions of
approval require improvements to certain nearby key public facilities. The applicant has
stipulated to the Improvements. The approval conditions were based on a careful examination
by municipal departments of the project's anticipated requirements. While some areas in
Ashland have public facility limitations, these areas are under localized moratoria. The subject
property is not within an area subject to any moratorium. If a community-wide public facility
limitation existed, which we do not concede, a moratorium could be declared under ORS §
197.520. The City has not declared a community-wide moratorium because of a public facility
shortage or for any other purpose.
Population Greater numbers of people in the community produce livability impacts. Tourists will
ruin the town.
Rebuttal: There is no evidence that the mere presence of greater numbers of people produce
any impact upon livability, or that tourists will ruin the town. There was testimony during the
public hearing that Ashland relies substantially on tourist trade for its economic livelihood, and
that encouraging tourism is a matter of City policy. The Comprehensive Plan indicates that
one-third of Ashland's total employment is attributable to tourism. We believe that the project
will not result in a significant number of new people in the community, either as visitors or
permanent residents; people visiting Ashland will come whether or not the project exists. People
seeking to live In Ashland will do so whether or not they live on the subject premises. While the
project may produce some "new people," the numbers are less significant than the potential
hotel occupancies that were projected by opponents.
Adverse Competition: The project will produce adverse competition with other motels and
B&Bs, and may result in "price wars."
Rebuttal:The existence or extent of potential adverse competition is irrelevant.
Commercial Usage and Uncontrolled Flexibility: A hazardous condition could be produced
for occupants and the surrounding area by uncontrolled flexibility that would allow the project to
be fully occupied with "wall to wall beds" or empty. The property should be reserved for
commercial usage. The project can convert from its intended use to a residential condominium
with"40 plus motel operators."
Rebuttal: Reserving the Property for "commercial usage" is irrelevant. The proposed uses are
allowed outright or conditionally in the C-1 zone, and the proposed mix of uses is consistent with
the vision for the property expressed in the Ashland Downtown Plan. Opponents do not identify
the nature of the hazard to be produced by "uncontrolled flexibility." If opponents allege
overcrowding as the hazard source because of fire, the assertion disregards the requirement
Rebuttal of Lloyd Haines Page 6 0 8-Oct-91
that any habitable building comply with Oregon's building safety and fire codes. As to there
being "40 plus motel operators," the issue is irrelevant. Nevertheless, as the applicant has
stated in the record, he will act as the agent for owners who let rooms overnight in the same way
similar accommodations are provided in Oregon's Sun River an Black Butte resorts.
Riparian Zone: The "massive" structure will generate and reflect heat that may destroy trees in
the riparian area that exists along the creek. Natural vegetation should be left in place, and not
replaced with other vegetation simply because it is more appealing to humans.
Rebuttal: Trees along the creek are planned to be retained. There is no evidence that
structures in general, or the subject structure will produce heat that will damage nearby trees.
Trees are customarily planted and grow adjacent to buildings. There is no evidence that
selective replacement of vegetation as shown on the Exhibit _ Landscaping Plan will in any
way be incompatible with or produce greater than minimal impacts upon the surrounding
neighborhood.
Storm Waters: The project will increase the velocity of "rain water." Water that would normally
seep into the water table will instead be diverted to the creek. Overflowing or clogged storm
drains will increase the danger of flood damage to the project and downstream properties by
raising flood elevations.
Rebuttal: Any building or other surface cover that prevents the seepage of storm waters into the
water table increase the velocity of storm water. There is no evidence that any storm drain in
the area is prone to clogging or overflowing. Removal of some creekside brush will increase the
carrying capacity of the creek and reduce the potential for debris to clog the creek. According to
the testimony of Engineer Bassett(Page 24 of Exhibit I, the proposed buildings, "will not, on
aggregate, increase flood levels on or downstream from the subject property." In conclusion,
there is no evidence that the above asserted impacts will result in: 1) incompatibility or produce
impacts greater than minimal upon the livability of the surrounding neighborhood; 2) cause
damage or hazard to persons or property upon or adjacent to the development area. We believe
that the applicant has considered the potential hazards that the development may create and
has implemented reasonable mitigation measures to reduce adverse environmental impacts.
Wading Pool: Wading and overuse of the creek should be discouraged.
Rebuttal: There is no evidence that the project will result in either wading in or overuse of the
creek. If the creek was used occasionally for wading, which is not proposed by the applicant, it
would not produce incompatibility with the surrounding neighborhood or affect its livability
greater than minimally. The applicant has offered to dedicate the creekside land for public use.
Regulation of wading and use of the creek should be a matter of separate concern.
Architectural Design and Bulk: The project creates a dominance exceeding "any thing
downtown"because it does not have subtle breaks in color,design, and interest that buildings in
the downtown have. The building mass overpowers anything in the surrounding neighborhood.
Rebuttal:The downtown consists of a collection of adjoining buildings constructed and generally
owned independent of one another, and these features account for the architectural and color
diversity inherent in downtown buildings. While most individual downtown buildings may be
smaller than those in the project, the mass of contiguous buildings on separate blocks in the
downtown are larger, bulkier structures. While somewhat larger, the subject buildings are also
comparable to Bards Inn, a commercial motel and restaurant located across Helman Street from
the subject property.
The project has an integrated architectural design and color scheme. Elements of the building
are taken from the "craftsman style,"as described in Exhibit_. Craftsman is the architectural
style that dominates single family dwellings in the surrounding neighborhood. We believe that
the buildings are architecturally and aesthetically appropriate and compatible, and that they are
Rebuttal of Lloyd Haines Page 7 08-Oct-91
harmonious in scale, bulk, coverage, and density with other buildings in the downtown and
surrounding neighborhood. To the extent that the subject buildings are different,we believe that
the differences are compatible and do not produce impacts greater than minimal upon the
livability of the surrounding neighborhood. In further support we cite the findings of fact and
conclusions of law in Exhibit_. There is no evidence that the architecture, aesthetics, scale,
bulk, coverage or density of the project will be incompatible or produce adverse impacts upon
the livability of abutting properties or those in the surrounding neighborhood.
As to building covera e, the project has a coverage of approximately 30% of the site, (Exhibits
and __J. ALUO § 18.32.040(A) allows substantially more of the site to be covered by
buildings. Approximately 34% of the site is placed in permanent landscaping. ALUO §
18.72.090(A) requires landscaping to cover only 15%of the site.
Fencing, Landscaping, and Climate Control: The location of fencing is unknown. Proposed
new trees are small and too few. The buildings will be a 'Your floor oven with air conditioning on
to keep cool."
Rebuttal: An approval condition (as stipulated by the applicant) requires that plans for fencing
around the swimming pool be later reviewed and approved by the city. Pool fencing will not be
generally visible from the public rights-of-way that surround the subject property because the
view of it is blocked by proposed buildings and vegetation along the creek. We believe that
potential fencing can comp with the City's Site Design and Use Guidelines, and that future
review and approval by the comply will ensure compatibility.
As to proposed trees,we believe that their size, species, and placement as indicated on Exhibit
are appropriate and compatible. The Exhibit _ Landscape Plan was approved by the
Ashland Tree Commission. There is no evidence that the size, species, and placement of
proposed landscaping will be incompatible or produce adverse impacts upon the livability of
abutting properties or those in the surrounding neighborhood.
Regarding climate control, conditions of approval (as stipulated by the applicant) require that
windows in the hotellresidential portion of the buildings will be predominantly operable, not
"fixed-pane,"(Exhibit , 3 and 20). There is no evidence that climate control proposed
for the buildings will bi
e compatible or produce adverse impacts upon the livability of abutting
properties or those in the surrounding neighborhood.
Cumulative Effects of Many Developments: The project fails to consider the cumulative
effects produced by the subject and other large development projects that have been approved
by the City.
Rebuttal: The relevant criteria require that the potential impacts of a "proposed development,"
(based on its 'location, size, design, and operating characteristics'), be evaluated for its
reasonable compatibility with the surrounding neighborhood, and to determine whether the
magnitude of impacts upon the neighborhood's livability are greater than minimal. The criteria
do not require evaluation of the potential impacts produced by approved but yet unbuilt
development in other parts of the community, or potential future development.
The following developments were alleged by opponents to produce an unevaluated impact upon
the livability of the surrounding neighborhood: a commercial shopping center; a "factory outlet
center"; the "Provost" golf resort development; and, a golf course on the "Billings Ranch." The
location and status of the above identified developments are as follows:
Commercial Shopping Center: The approved Tolman Creek Plaza shopping is located
near the south Ashland 1-5 interchange approximately two and one-half miles from the
subject property on the opposite end of Ashland. The development is under construction.
"Factory Outlet Center": Plans for a "factory outlet center" have been discussed. No
project has been approved by the City, and, to date, no permit applications have been
filed or received by the City. The property is near the above shopping center on the
opposite side of Ashland about two and one-half miles from the subject property.
Rebuttal of Lloyd Haines Page 8 08-Oct-91
"Provost Golf Resort": The project was approved by Jackson County and appealed.
Additional County approvals under remand are required. The project is located on the
east side of 1-5 approximately four miles from the subject property.
"Billings Ranch Golf Course": The Billings Ranch is located outside of Ashland's city
limits and UGB. No plans have been received by either the City or County for
consideration of any development. The property is located adjacent to Ashland's north
city limits approximately one mile from the subject property.
There is no evidence that these or any approved but yet unbuilt development will produce any
impact to the neighborhood surrounding the subject property.
In Oregon, cities are required to carry out their long range comprehensive planning
responsibilities under the Statewide Land Use Planning Goals (Statewide Goals) and ORS
Chapter 197. It is assumed that an acknowledged comprehensive plan is one that has taken
into account the potential levels of development based upon the "carrying capacity of the air,
land and water resources of the planning area" (Statewide Goals 5, 6, 7, 8, 11, 12 and 14).
Ashland's Comprehensive Plan has been acknowledged to comply with the Statewide Goals.
We believe that the proposed development does not produce any unique, unusual or
unanticipated air, water, land, transportation or public facility impacts in comparison to other
potential land uses permitted within the C-1 zone, and there is no evidence to the contrary.
We believe that opponents arguing for denial of the project because of its cumulative effects in
connection with other approved and speculative development, seek a forum for population and
growth control through the land use entitlement process. We do not believe that the City is
compelled to address growth control issues of a community-wide nature in the context of a
quasi-judicial land use proceeding. If community-wide public facilities are inadequate because
of the "cumulative effects" produced by this and other potential development, which we do not
concede, the City is entitled to consider community-wide moratoria under ORS § 197.520. The
City has not elected to declare or consider declaring a moratorium.
We conclude that the "cumulative effects"argument is speculative and without factual basis, and
that no evidence exists to support the existence of "cumulative effects," its potential magnitude,
and how it potentially affects the livability or appropriate development of abutting properties and
those within the neighborhood surrounding the "proposed development" as required by ALUO §
18.104.040(B).
Adverse Change to Downtown Character: The downtown area is changing to an elite
shopping area for tourists rather than serving the needs of community residents. The subject
project should have more space for shops and offices to stimulate entrepreneurs.
Rebuttal: Whether downtown shopping caters to tourists more than residents, and the potential
mix of uses in the project are both irrelevant to a consideration of the project under the
substantive criteria.
Police Protection/Security:There are no specific plans for police protection and security.
Rebuttal: Police protection for the property and project is and will continue to be furnished by
the Ashland Police Department. Other than security furnished by management, most hotels do
not have their own security force. There is no evidence that the project requires any additional
level of security or police protection by virtue of its location, size , design or operating
characteristics.
Electrical Power Shortages: One opponent asserted that the project should not be approved
until the City's electrical system is capable of supporting present community needs.
Rebuttal: During the public hearing, one opponent expressing his concerns over electrical
power distribution, acknowledged that the power 24-hour power black-out during Winter of 1990
will not occur again because the City now has access to a portable substation from the Pacific
Rebuttal of Lloyd Haines Page 9 08-Oct-91
Power and Light Company. As a longer range solution, the City is presently in the process of
siting a new substation. We conclude that the availability of a portable substation, and the City's
long range efforts to construct a new substation evidence that the subject project will be
compatible and rat produce greater than minimal impacts upon the livability of the surrounding
neighborhood.
Wages: The project will produce minimum wage jobs rather than jobs that produce a livable
wage.
Rebuttal:The wage level of jobs produced by the project is irrelevant.
Community Notice: Opponents assert that there was improper public notice of the project
based on its scope and magnitude.
Rebuttal: Notice of public hearings before Ashland's Planning Commission and City Council
were provided In accordance with the requirements of ALUO § Chapter 18.108 and ORS §
197.763. Before submitttng any land use application,the applicant contacted by mail all property
owners within the surrounding neighborhood, and met collectively with them to discuss the
project. There has be substantial coverage of the project in the Ashland Daily Tidings. While
anybody Is entitled to present evidence and testirpony during public hearings, the opponents
now asserting that Improper public notice was gben are those not entitled to receive notice
under the ALUO and ORS§197.763.
Respectfully submitted on behalf of Lloyd Haines,
CRAIG A.ST NE&ASSOCIATES, Ltd.
*Plalng
nsultant
CAS/m CAMHAiNEsmaurw
cc. Lloyd Haines
File
Rebuttal of Lloyd Haines Page 10 08.Oct-91
Mayor Cathy Golden and City Councilors Tuesday
Re: Haines' proposal, rebuttal 8 Oct 91
To Mayor Cathy Golden and City Councilors:
As I stated in my appeal of October 1st , all of the following
criteria for the CUP have not been properly discussed. They
directly and adversely affect the livability of the surrounding
neighborhood:
1. CUNChPT. The concept of a large resort so close to the heart
of town is inappropriate for the small town of Ashland.
2. SCALE. The scale is considerably larger than the Bard' s Inn,
which is the largest structure of the surrounding buildings.
3. PACE. The presence of 212 people , 1300 daily vehicle trips,
and numerous activities would completely change the present
quiet serenity of the neighborhood.
4. NOISE. The pace and constant activity would generate consi-
derable noise .
5. TRAFFIC. The traffic congestion, particularly on Central,
the Plaza, and B streets has not been addressed.
6. SAr'1,TY. The double use of narrow Central as access street
would further threaten the safety of Briscoe students a others.
7. ON-STRB'ET PARKING. There is insufficient parking for sixty
conventioneers and other visitors.
8. llrNSITYjINTr:NSI'i'Y . A minimum of 212 additional persons in the
already overcrowded downtown area during peak months would be
oppressive.
9, WATER. The probability of future droughts makes it absolutely
unsupportable to provide water to the resort when we might be
on water rationing to meet our very own basic water needs.
-2-
10. SEWER. City Hall notwithstanding, the cumulative impacts ,
aggravated by the resort, would put enormous pressure on
our efforts to conform to the new 12A standards.
THE question is "What is the proper use of the last large
parcel of C-11) property?" The City has suggested that a mixed
use would be most beneficial, and the City actually requested
that a mixed use be implemented. According to the proposal,
only 1/10th of the square footage would be commercial , or any-
thing other than a residential/travellers' accommodation. It
would seem that commercially zoned land should be used primarily
for that purpose. ,
Will that last parcel of downtown property be used to
benefit Ashland residents, or visitors? Councilors Arnold and
Winthrop are on record as recommending the downtown benefit
Ashlanders. The proposal seems to be inconsistent with their
desires.
Perhaps mediation could effect a compromise that both sides
could accept. Hopefully, Mr. Haines could redesign his proposal,
add businesses beneficial to Ashlanders, enhance the natural
beauty of the land, avoid the negative impacts mentioned above ,
and still make a profit.
If kr. Stone presents his rebuttal orally on October 15th,
I request equal rebuttal time.
&I
Carola Lacy
8 Oct 91
To the Mayor and City Council of Ashland , Oregon:
This statement deals with the proposed 106 room hotel for
Water Street . I am Richard Ernst, 975 Walker Avenue , Ashland.
I wish to take advantage of the opportunity to file a written
statement within the seven day period the record is held open
under the ruling of the City Attorney that the proponent could
not have an exclusive ri-ht to add to the record during the
seven day period after Tuesday, October 1, 199.1 . Accordingly,
I am taking the opportunity to "extend my remarks" of that
night when I was limited to two minutes before the Council .
The Medford representative of the developer asserted that he
was appearing as advocate and as "an expert witness" (on
tourist destination issues) . I claim equivalent expertise as
to "retirement destination" issues based in part on my having
come to Ashland as a tourist and, while her•; found its
preeminence as a "retirement destination".
The hearing on the Water Street Hotel Project
shows that there is , in Ashland, a basic conflict between
the business element and the purely residential element.
Business wants more tourists to feed on , asserting that
Ashland is a "tourist destination" (a polite term for "tourist
trap") . Non-busines residents do not want to live in a
"tourist trap" , to which it is embassassing to invite one ' s
friends . They see Carmel , California , as such a locale . They
feel that Ashland can be a community of homes , with special
cultural accouterments . They see Ashalnd as a "retirement
destination" rathdr than as a "tourist destination" .
The crucial issue under the governing law is the
degree of the adverse impact on the liveability of the neighborhood .
The City staff starts out with a wrong idea of the
"neighborhood" of a 106 unit hotel . The Mayor , with gross error,
asserted that the neighborhood involved was "Bard' s Inn and
downtown" . The Planning staff seemed to decide the the "neigh-
borhood" of the 106 unit hotel was the same as the "neighborhood"
of a lot line adjustment ; thus it gave notice to one household ,
the only one it dound within a 200 foot radius of the project .
The "neighborhood" to be considered is much larger.
First , there is a direct a nd substantial adverse effect on
liveability in the Van Ness , North Main , Helman Street triangle .
Traffic will flow through this area because there is no turn
from Southbound North Main into Helman and because Central and
Van Ness will give direct access to those wishing to go North
on North Main. This area will also be adversely affected in
regard to pedestrian traffic , noise , pilferage , etc . as below.
Second : A broader "neighborhood" would be subjected to a
significant adverse effect on liveability due to the problems
this hotel would impose on the water supply , the sewer treatment
capacity and efficacy , the electrical outage risk, downtown
traffic flow, and the general problems of making Ashalnd a
"tourist trap" . The City Council must find that there would be a
substantial adverse effect on liveability in the neighborhood
if this project were to be built.
Those supporting the proposed hotel raise fallacious
contentions . The "expert witness" from Medford goes so far as
to claim that the hotel would reduce air pollution in Ashland .
This is based on the claim that tourists who would otherwise
stay in B&B' s away from downtown will stay in the new hotel.
These tourists , it is said, will park their cars in the hotel
garage on arrival in Ashland and will walk around down town
for four days until they get into their cars to leave town.
[A fee can produce quite a dream. ] Tourists do not come to
Ashland to hibernate . Years ago our family stayed in Bard' s
Inn for a quota of Shakespeare . And we moved our car around a
great deal . The most desireable tourists are those who spend
their spare time driving around Ashland to locate a home for
retirement . Further : the Ashland area is loaded with attractions
for tourists outisde of downtown. -- Crater Lake , Mount Ashland,
Emigrant Lake , the lakes up Dead Indian Road and the road to
Klamath Falls , Rogue River, mountain trails in all directions ,
the theatre in Talent , dinner and picnic places all around.
Even stores away from the downtown area . Many will want to go
go to the College , or a cultural event there. And some may
want to go to Medford, or even its Mall . Any finding that
traffic problems would be alleviated by this 106 room hotel would
violate all good sense. The claim must be rejected .
The testimony of the owner of the Waterside Inn (that
liveability at her B&B would be better if there were a hotel
across the street) gives no lawful support to the applicant .
Certainly we understand that she would appreciate an action that
would move the drug scene from her front door. But the
neighborhood of Ashland would get no advantage from moving the
drug probelm from her front door to the back door or front door
of other residents or businesses . Moving the drug scene from
place to place in town does not improve the liveability of the
Ashland neighborhood.
The Council has no alternative but to rule that there
would be a substantial diminution in liveability in the
neighborhood if the 106 room hotel were built .
A second basic finding against the project is required.
The claim that the hotel would be a "mixed use" of the land is
specious . The development will have 70 ,000 feet of space .
65 , 000 feet will be pure hotel. 2 , 000 feet will be called
"retail" -- it is suggested that a travel agency would rent the
space, but this is office use not retail use . The remainder
would be office space for the project . The division of the project
into 2 parts "retail" and 65 parts hotel does not make a "mixed
use" project. The record requires an adverse finding on this
issue .
October 7 , 1991
To: Ashland City Council
After the Public Hearing before the City Council on Tuesday
October 1 . 1991 , Paul Nolte, City Attorney, said public input for
the record would be open for another seven days . I am submitting
this letter for the Council , based on that statement and subsequent
phone conversations I have had with Mr . Nolte . To give Mr. Haines
and his consultants time to review this letter, I hearby certify
that I have hand delivered a copy of this letter in its entirety to
Lloyd Haines
209 North Main
Ashland, Oregon
and mailed a copy to
Craig Stone and Associates
708 Cardley Avenue
Medford, Oregon
I respectfully request that this letter be entered into the public
record.
CONCERNING THE PROPOSED HAINES PROJECT LOCATED BETWEEN HELMAN AND
WATER STREETS IN DOWNTOWN ASHLAND
I do not feel that the City Planners have given adequate
consideration to Infrastructure problems which would be further
impacted by this project .
Specifically
1 . Sewer System is not up to current standards and plans to repair
the system seem to be 4-5 years away.
2 . Water--The City has not had a water problem this year--yet .
This is due to a cool wet spring and major precipitation in
both July and August . Had we had another 1987 when there was
no precipitation for 100 days , we would have a problem.
Whether or not supplemental TID water would be available is a
question that has yet to be answered. The same conditions,
that would cause Ashland to really need TID water, i . e. low
snowpack and/or prolonged dry Spring/Summer/Fall would cause
TID water to be in short supply also. And I don' t believe
Haines Project
Page 2
that pear growers would voluntarily give up their irrigation
water so Ashland tourists could take showers . In short , to
consider TID water as another reservoir that is always there
is , I believe, a mistake.
3 . Electrical--If you can have a city-wide blackout for over 24
hours' in the middle of winter and you don' t upgrade the
system, it can happen again.
4 . Traffic--For years all the talk about traffic has gone over my
head, because I don' t have a problem with the traffic because
I drive primarily on Siskiyou Blvd . , Oak Street , East Main
east of the fire station and Ashland St/Highway 66 . , I rarely
drive the downtown core and I rarely drive on North Main . I
have finally realized, however, that North Main and Downtown
core traffic is a problem and this project would add to the
problem.
The planning process has been too quick . The public has not had
adequate time to comment on the project .
Mr . Haines and the Planning Department and the Planning Commission )
have all followed the letter of the law quite well in this matter.
What they have missed is the Spirit of Community. Why the
Commission did not make more of an effort to notify the public as
a whole is beyond me . I read the Tidings , I work downtown , and I
consider myself an informed, concerned citizen of the community,
but I was unaware of the Planning commission meeting until after
the fact .
The other two major proposals for this property that have come
forth in the last ten years were front page news at the proposal
stage. In both cases , the would-be developers never actually
purchased the property, and neither got beyond the idea stage.
The fact that Mr . Haines has owned the property for two years , and
has been talking to the planning department for three years , should
have resulted in more, rather than less , public notice.
If there is a problem with the notification and public hearing
process , it is a City planners ' error , not Mr . Haines .
I have been told that the matter was before the Planning Commission
for about a half an hour . The Public Hearing before the Council
was about two hours . Two and a half hours is not enough time to
give to a project that would be the largest single footprint in
downtown Ashland.
Haines Project
Page 3
HIGHEST AND BEST USE
At the Council Hearing of 10-1-91 , several proponents of the
project used the term "Highest and Best ,Use" to describe the
project which in effect will be a large motel .
Highest and Best is a subjective term so as long as I have your
attention , here is my Highest and Best , contingent on the city
being able to provide adequate utility services .
1 . Mr . Haines builds a Country Inn/Motel /Condo of about half the
size currently proposed.
2 . The City of Ashland acquires and maintains the flood plain area
as part of the City Park System.
3 . The remainder of the property is subdivided into commercial
lots, which local entrepreneurs can buy, then build, and
operate the store or restayrant or fitness center or whatever
of their dreams without being required to meet architectural
standards as defined by Mr. Haines and his consultants . Based
on many conversations with Mr. Haines , it is my understanding
that "architectural compatibility" is very important to him. ,.
Whereas, to me, one of the greatest beauties of Downtown
Ashland is that no two buildings are alike .
At the Council Meeting of 10-1-91 , I was somewhat surprised that
Mr. Haines did not speak in his own behalf . I hope at the meeting
of 10-15 Council Members will be allowed to question Mr . Haines
directly and that he will answer personally.
Sincerely,
Ronald E. Roth
6950 Old 99 South
Ashland, Oregon 97520
cc: Lloyd Haines, Applicant
Craig Stone, Consultent to Applicant
Brian Almquist , Ashland City Administrator
John Fregonese, Ashland Planning Director
Catherine Golden, Mayor of Ashland
October 7, 1991
To: The Ashland City Council
Re: Traffic Report concerning Haines Project at Water Street .
For the record
Dear Council People,
On September 24 , 1991 at the informational exchange meeting
concerning the Haines project , I was informed by the planning
department that a traffic study was not accomplished. Yet, at
the City Council meeting of October 1 , 1991 the consultant re-
presenting Mr. Haines presented a traffic study. Was the traf-
fic study done at the last minute? Was the study done by an in-
dependent traffic consultant? Since traffic is an important
aspect relative to the livability of our neighborhood, the cred-
ibility of the report should not be in question as it is for me.
A conditional use permit should not be granted for this
project at .-this time because ft is not clear just what impact
traffic will have on the livability of our neighborhood.
Yours Respectfu ly,
seph Travisano
155 Central Ave .
Ashland, Ore.
1{11?4: 1SG6T PF.SSAK �
f,
In:R54:Y
., rM i(, r r- 1 A�III.4H1.111697520
A h'_tnr•� of ri.^_-:; '.er.s. ,^,
In 1981 I bought a condo in Ashland about 200 van's from the nronosed site of
the tourist resort under discussion on Water Street. My move would renresent an
escape from a tourist city where I had lived for forty years , and whose imare. was
best illustrated by the nroud announcement of Radio Station Y:101.), as the "Wonderful
Isle of Dreams. Incorporated. 11 During this snan of vears I VlatChed it chance from
a pleasant resort to a concrete ,jungle of high rise hotels and condos , and to be a
harrassed, troubled, crime-ridden city. Miami has become a combat zone.
Ashland for me was and is a neaceful haven, where my health and optotiso have
been restored, for which I am forever grateful.
After purchasing the condo in January, I went home to settle my nroblems there,
and returned in June 1981. Most of the same units were still empty, and unsold, At
that time the mortgage rates were at 144 to 15`g -- and there were a few other nroblems.
Hersey Street, in a commercial area, was unna3ed, and the dust rose high as the trucks
rolled by. Of course we were constantly assured that it would be nerved anv minute,
and I was really not amused when I saw my neighbors walking around with hammers to nail
back the siding, which was constantly falling off. It had been stanled on, and had
obviously been applied by amateurs. There were many other signs of shoddy construc-
tion. Pretty soon, Mr. Duane Smith, who seemed to be big honcho in Siskivou Construc-
tion, called a meeting to tell us we were now formed into a Home Owners Association,
and would henceforward be resnonsible for the running of the complex, navine the bills
for the operation of the pool and hot tub, electricity, water, etc, for the common
areas.
As the laws demanded a 40%. Homeowner occunancy for the Association to he legal,
Mr. Duane Smith installed Mike Chisholm and his wife and child in one of the empty
condos, and introduced him as a new home owner, Mike Chisholm was taking care of
the lawns at the time, in return for the honor hestowed linen him. But even the
Heritage Hank (which carried the loans for the Sis!ciyou Construction Co, ) would not
grant a mortgage loan to Mike and his wife, as neither were emnloved. (This we found
out weeks later, ) Mr. Smith also anointed Nike to the Roar? of the Associati.on to
handle anv complaints or nroblems that would arise from us, the home others. And so
the Home Owners Association was formalized with great fanfare. ;'r Smith made a throw-
away remark as we left the apartment, savinr, "Of co,irse, v.n (the Si ski mn Construction
Co, ) world have three votes aniece, and von folks (the home owners ) wnnlrl ee.ch have
one ----
!^%ell, complaints and problems did arise. `e wo'ce one mnrninr to find a fence
around the hot tub announcing that the Citv (or County) had shut i.t down as an illeg-
ally built facility, and assessed a penalty of "5nn,nn on anvone canrht using it. The
pool also had a long list of violations -- all expensive, hen confronted "Fitt these
problems Mr. Smith noo-pooed them and told ii.'ce Chisholm to go and st.rai ht.ellothings
out with the authorities. Of coarse the hot tub w:as shortly boarded un, a.nd only came
up for more grief when Lloyd Haines came on the scone a c ntmle of pears later, '.qe
(the A.ssociateion) paid for the nool violations and we are still n-%ri.ng. Vo morn condos
were sold, the siding was still falling off. ::ore defects small. and lane surfaced, hut,
all. Mr. Smith would say to the complaints was "Sue me, "
_ 1 _
Pam 2.
Mike Chisolm was long gone and we coned as best we could , The Vskiyou
Construction Co, slid into bankruptcy, and downs rent the Herita.re Rank, The Bank
had nromised us that the unsold condos would be auctioned off, aid die tenants in
them waited eagerly the onnortunity to hid on them.
At this time Lloyd Haines began to annear at the meati.nas. Olen ouesti.oned he
refused to say why he was there or for what nurnnse. We knew he was the attorne7
for Duane Smith, but he kept throwing around the name of the Small Rosiness Admin-
istration, which was holdi.nr the nronerty and handling the long--awaited auction.
Instead, Mr, Nines arrived and announced that he and "a rrroun of investers" had
purchased the five condos, and he now had the votes to be the President of the
Association and to take over the manaftement of the complex -- and he announced a
big reform movement was in order, for which we must nay. Ke demanded that we nay
for the transportation "rom California of a bunch of pad-looking nots of flowers
that he had trucked in from California with his household goods (several hundred
dollar,), thatwe nay for cementing up the ex-hot tub, since it ronrena.ntod a menace,
and of course, we must put new aiding on all the condos, so that the nronerty would
no longer be the laughing stock of the neirhborhood, and so it rmuld be saleable,
and well-manicured. He immediately raised the rents of the tenants in the unsold
condos and raised our maintenace fees. He used his office (a service cha.r^ed to us)
to send out monthly "rent due" bills and other fiats.
By this time only two of the oriri.nal home on.nern were l.e"t : Yrr. ieui.s and
myself. The rest had sold out or let their morF. -arns lance, _ •r,� to �e d, dre
Drescher to find cut if we had any rights. 14 r ?id a nuit was nobsible, but would
mean an initial outlay of 5,110. "1. My bill for this advice wears "140. '181 which
I nersonally naid. I w.Tote to Attorneir General Prohnmelar (rn-,I- en.clo^ed ), and
then I went after the Small Business Administration. I called nsh'i.niton. It
seems Haines had given them a snow ,job, sayinr the Wldi.n,n are tnV117 delanidated,
aid had to have a great deal of renairs to nrannnt t4m for sale , nor' t,.at he would
do them a hip favor by takinr them off their hands (t.hci.r lnth2r ancloond), There
was no way we could fight him. ':e ve-e forced to nay '3,1;�r1,�r, ;ar_h for- the sidi"nr
to be nut on, and the common areas to be cosmetically tmatod ender nnnr.lty of
cn
having a lien on our nronerty (enclosed left^r). conlr' n and on '.wit'' lists or
our Fvievances --- my hure fi.,rhts a•rai.nnt nes irides snr''--inn V „pc.l. W ever.'7 condo,
against spiders and ants. ( G .c. Y(_'
But he did sell every Condo, includin- the one nu-t Vaor to it -A!0, ar•enrd--
Or to t •e %mall Businesn Adrini.stratbon he said 03, "!) (1.c.,., ,can KQ r of mr cost)
and sold it to Kr, and 14-,. :7ad'e of 3:n dos.. For TP7 ,305,ln ... . n-.n.• . the
- �.' n��.a.tel r
same ratio for the other friur condos, for .. rich hc nnl� "319111.10 :ch.
if :'r, Duane Smith In one of the owners of tho iininn9d rasor't, nont barn: would
rive either one of these -e op]R credit for construction' The nrosnect of "Rip Deals"
has a fascination for the business community. Thatrs undcrsta:v9 IR, i sar what, it
did in Miami - brnurht in all VON of cnrYr, nk' nn, ' he sir•-: un On nieces when- the
"Big Deal" roes sour?
s•` t'es U.S. SMALL BUSINESS ADMINISTRATION
FEDERAL BUILDING
1220 S.W.THIRD AVENUE, ROOM 676
0
•�/N/STR PORTLAND,OREGON 972042882
August 6, 1986
Rose Inget Pessak
51 W Hersey Street
Ashland, OR 97520
SUBJECT: SBA Loan VAN WEY - SCHLEINING HOMES, INC. ,
Loan NXGP 946395 10 07 PTO
Dear Ms. Pessak:
In response to your letter of July 11, 1986, we are very sorry to hear of the
problems and the economic disadvantage that you have had in regard to your
purchase of the condominium in Ashland, Oregon, which was part of a condominium
complex built with the loan from the Heritage Bank, which has since gone out
of business. As you know, SBA guaranteed the loan to the Heritage Bank and
after performing on our guaranty and purchasing the 90% guaranty portion of the
loan, we assigned the case to the Department of Justice and obtained foreclosure
of the five condo units which had not been sold. By basic concepts of American
law, property belongs to the vested owner until deprived of that property by
law. We only recently, in March of 1986, completed foreclosure of these
properties, at which time we became vested in them. We have since accepted an
offer from Lloyd Haines and sold the properties to him on contract. Unfortu-
nately, as long as Lloyd Haines makes the required monthly payments under the
contract, we have no say whatsoever in the administration of the properties that
he has purchased from us.
The problems that you and the other tenants have had and are continuing to
have were not caused by, nor can they be corrected by the Small Business
Administration. If you are unable to resolve the situation in any other
manner, I would suggest that you discuss the problem with an attorney.
Ve y truly ours,
C2 IF EHR
Loan Officer/Portfolio Mgmt Div
,`,GF ���o c� Pmarttn � � m
October 4, 1991
'
EGO.".
Zo: Honorable Mayor &. City Council
Brian L'. Almquist, City Administrator
rum:
�C �Qt Reimbursement Policy for Elected Officials
p� At its meeting on September 3, 1991, the Council requested that the
staff bring back a proposed policy relating to reimbursement for
expenses incurred by the Mayor and City Council while representing the
City.
I contacted Sandy Arp, legal consultant for the League of Oregon
Cities, to determine whether other cities have similar policies. She
sent me a survey prepared by the City of Springfield which I am
attaching for your information.
Generally, it appears that most cities have established an allotted
amount for the Mayor and for each Councilor. The. Mayor's allotment is
typically higher than the Council 's, since the Mayor is usually called
upon to represent the City at local conventions, etc.
In some . cities, a committee of the Council reviews all elected
officials' expense accounts whereas in others the City Manager
routinely approves them provided they are within the adopted budget.
I believe that while the latter policy is less cumbersome, it also
could put the administrator in an uncomfortable position if guidelines
were not also adopted by the Council.
Therefore, please consider the attached policy as a "draft" and feel
.free to make any additions, deletions or modifications you feel are
appropriate.
Attachments (2)
POLICY FOR TRAVEL & EXPENSE REIMBURSEMENT
ASHLAND MAYOR AND CITY COUNCIL
Purpose. The purpose of this policy- is to establish uniform guidelines for
the Mayor and 'City Council for travel and meeting expenditures, and for
other miscellaneous charges.
Allotment. Annually, the Mayor and each member of the Council will be
allotted a portion of the amount budgeted for travel and meeting expenses
as approved by the Budget. Committee.. For. 1991-92 ..this amount. is'.. $1; 000 for .
each Counciaor and $1, 500 for the Mayor. All expenditures in excess of''
this amount will not 'be reimbursed unless approved in advance by the'
Council.
Authorized Expenditures.
1. OUT OF TOWN CONFERENCES AND MEETINGS. Lodging, registration,
conference meals, other meals ($5. 00 breakfast, $6. 00 lunch, $14 . 00
dinner) , the lesser of mileage or round-trip airfare including shuttle
service or taxi fares, and incidental expenses for the following:
a. League of Oregon Cities Annual Conference.
b. League of Oregon Cities Regional Meetings.
C. Oregon Mayor's Association Annual Conference (Mayor only) .
d. National League of Cities Annual Conference.
e. NWPPA Annual Conference. .
f. BPA customer meetings.
g. Testifying at hearings of the Oregon Legislature. .
h. Other conferences or meetings relating to City government approved
by the City Council.
2. OTHER MEETINGS. Registration, group meals, other meals ($5. 00
breakfast, $6. 00 lunch, $14. 00 dinner) and mileage (if out of Ashland) , for
the following:
a. Meetings of governmental bodies on which the Council member serves
tas liaison.
b. Meetings at which the Mayor or Council member serves as an official
representative of the City.
C. Meetings of non-profit health and human services organizations for
purposes of showing public support (e.g. United Way Kickoff
luncheon) but not including any fundraising contributions.
d. Presentation of City programs at local service clubs' meetings.
3 . PUBLICATIONS AND MAGAZINES. The Mayor and each Councilor is entitled
to subscribe to one publication which relates directly to City matters.
This includes but is not limited to such publications as Governing, Western
City, and American City. Members are urged to share copies with other
members. If the City has an institutional membership and receives a
publication, personal subscriptions to the same publication are
discouraged.
4 . MILEAGE. Mileage will be paid (1991 rate is 264` per mile] for
activities authorized by this policy outside the City of Ashland.
5. MEMBERSHIP DUES. All membership dues to organizations will be in the
name of the City and shall be approved by the City Council.
Exclusions. Expenses for personal memberships, dues, contributions,
fundraising dinners, or activities of private, non-profit organizations are
not authorized unless approved by the Council.
ATTACHMENT II - Page 3
M E M O R A N D U M CITY OF SPRINGFIELD
March 22,- 1989
TO: Judy Boles, Finance
) /IMan_r
FROM: Kathy Tri, Budget
SUBJECT: Survey of Mayor and Council Expenses
ISSUE
In order to provide background information for the Mayor's Appropriations
Committee, I surveyed eight cities and six local public agencies to learn how
their elected officials are reimbursed for expenses they incur in the course
of their duties. The eight cities were Eugene, Salem, Gresham, Beaverton,
Lake Oswego, Corvallis, Albany and Medford. The six public agencies were
Willamalane, Springfield School District No. 19, SUB, Eugene School District
4J, EWEB and EPUD.
The following discussion summarizes the survey results. A more detailed
tabulation of the results is attached to this memorandum.
DISCUSSION
There were a number of minor variations among the cities' reimbursement
policies. However, some general patterns did emerge.
Most of the cities provide an office and furnishings for
their mayor but not for their councilors.
Most cities provide monthly allotment for expenses
Most cities do not separately cover spousal expenses.
Allotment of Expenses
Five of the eight cities provide a monthly allotment to their mayor and
council. One of these has a full-time mayor. Three cities provide nothing.
City Mayor's Allotment Council's Allotment
Albany $150/mo
$100/mo
Beaverton
$55,290/yr $100/mo
(salaried mayor plus fringe
Corvallis $100/mo $0
Lake Oswego $150/mo $100/mo -
Salem $225/mo
$0
survey of Mayor and Council ATTACHMENT II - Page 4
Expenses
March 22, 1989
page 2
This allotment is generally considered to cover travel and incidental expenses
that are incurred in the course of performing their responsibilities.
Consequently, none of the cities reimbursed the mayor or council members for
time off work or for child care expenses; only three cover phone expenses and
local travel reimbursement varied.
". -Salem also provides an additional. monthly all'o.tment foi,tcavel for its mayor
i ($75) and council ($55). This is to cover local travel and meals expenses.
Travel
All the cities cover expenses to state-wide or national conferences. It
varied on whether or not they covered local travel. Most cities indicated
that normally councilors and mayors do not turn in local travel expenses. If
they did, they would be reimbursed.
Generally, the city manager approves the reimbursement request. Medford has a
Council Finance Committee which reviews all reimbursement expenses. The
other cities felt that approval for reimbursement was done through the budget
process, and if funds were budgeted, council members could submit expenses for
reimbursement.
Spousal expenses were generally not reimbursed. However, there were a couple
of variations. In Albany, the mayor's spouse would be covered for ceremonial
type activities. In Corvallis, spouse expenses to the League of Oregon Cities
convention would be covered, and in Eugene spouse expenses are sometimes
covered.
Office space/furnishings/equipment
Most mayors are provided with office space but councilors are not. Lake
Oswego and Eugene have a small workroom which is available to councilors if
they choose to use ,i.t. Albany does not provide space •for its mayor or
councilors.
The cities furnish the office space and redecorating must be budgeted. The
offices are also equipped with a phone, and other equipment is generally
provided through the city manager's office.
Telephone
Several cities pay the expenses of a home phone. Salem allows the mayor and
council members to chose if they want a phone at home or at City Hall.
However, an answering machine is not covered. Corvallis covers only the
mayor's home phone. Eugene provides for a second line in the home and will
cover the expense of an answering machine.
Computers
Only two cities have the mayor and councilors tied into the city's main frame
computer. Gresham provides a terminal and modem and Eugene provides a model
for Councilors' with home computers wishing to hook up to the city's computer.
Survey of Mayor and Council ATTACHMENT II - Page 5
Expenses
.March 22, 1989
page 3
ACTION REQUIRED .
This memorandum is for your information only.
Attachment. '
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ATTACHMENT II
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF-ASHLAND AMENDING THE ASHLAND
COMPREHENSIVE PLAN - CHAPTER IV - "ENVIRONMENTAL RESOURCES"
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter IV of the Ashland Comprehensive Plan shall be replaced in its
entirety by the revised chapter "Environmental Resources" and attached as "Exhibit A."
The foregoing ordinance was first read on the day of 11991
and duly PASSED AND ADOPTED this day of
1991.
Nan E. Franklin
City Recorder
SIGNED AND APPROVED this day of 1991.
Catherine M. Golden
Mayor
: ... .. ORAINANCE,NO. :. _. ..
AN ORDINANCE OF THE CITY OF ASHLAND AMENDING THE ASHLAND
COMPREHENSIVE PLAN - CHAPTER VII - "ECONOMY"
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION. 1. Chapter VII of the Ashland Comprehensive Plan, shall be replaced in its
entirety by the revised chapter "The Economy" and attached as "Exhibit A."
The foregoing ordinance was first read on the day of 1991
and duly PASSED AND ADOPTED this day of
1991.
Nan E. Franklin
City Recorder
SIGNED AND APPROVED this day of 11991.
Catherine M. Golden
Mayor
1
. .ORDINANCE:NO.
AN ORDINANCE OF THE CITY OF ASHLAND AMENDING THE ASHLAND
COMPREHENSIVE PLAN - CHAPTER VIII - "PARKS, OPEN SPACE, AND
AESTHETICS"
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter VIII of the Ashland Comprehensive Plan shall be replaced in its
entirety by the revised chapter "Parks, Open Space, and Aesthetics" and attached as
"Exhibit A."
The foregoing ordinance was first read on the day of 11991
and duly PASSED AND ADOPTED this day of
1991.
Nan E. Franklin
City Recorder
SIGNED AND APPROVED this day of 1991.
Catherine M. Golden
Mayor
eiv �
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ASHLAND SETTING
STANDARDS FOR DETERMINING ADEQUATE STREET CAPACITY
Whereas, the. City,'s :'1and ,use planning process..contains criteria .
for' apprpval: whi.ch require ,that adequate street f a'ciYit'ies 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, The City of Ashland does hereby resolve:
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-1, E-1,
or M-1 uses: " -+e-a , 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: N- ____ -.._: 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 greater 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 s b°co a for
street that does not have at least a four foot_ wWM onone
side shall have the maximum capacity for the 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-dollector .street with a grade in excess. of 18% shall be
considered to 'ba:ve. nol additional capacity.
Section 5. Mitigation Measures. For areas zoned for Commercial,
Employment, or Industrial uses, in addition to measures that will
increase the aapac y of stree�arry automobile traffic, the 57
City may `£i tr- �Yrd an control measures, and measures
that encourage alternate forms of travel. Such measures may
include:
a) Transit facilities;
b) Pedestrian Facilities;
c) Bicycle Facilities;
d) Demand Management Programs;
e) Employee programs which encourage alternate travel to
work;
f) 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
day of October, . 1991.
Nan E. Franklin
City Recorder
SIGNED and APPROVED this day of October, 1991.
Catherine M. Golden
Mayor
t
RESOLUTION NO. 91-
A RESOLUTION INITIATING A MODIFICATION TO THE LAND USE
ORDINANCE RELATIVE TO APPROVAL CRITERIA OF SITE REVIEWS.
WHEREAS, it is an _essential part of modern urban planning that
adequate City services be available, or be made available,
concurrent with .new ,development'; :An.
WHEREAS, this is a requirement of all approval criteria for planning
actions of the City except for Site Reviews; and
WHEREAS, the Site Review process should include a clear and objective
standard that will require a finding of adequate City
facilities as a part of the approval. process.
NOW THEREFORE BE IT RESOLVED BY THE CITY OF ASHLAND AS FOLLOWS:
SECTION 1. That the Planning Director is hereby directed to initiate
a modification to the City's Land Use Ordinance, which would add th
following new paragraph:
"18 .72 . 050 D. That adequate capacity of City facilities for ��
water, sewer, paved access to and through the development,
electricity, urban storm drainage, and
adequate transportation can and will be provided to and through
the subject property. "
The foregoing Resolution was READ and DULY ADOPTED on the day of
October, 1991.
Nan E. Franklin
City Recorder
SIGNED and APPROVED this day of October, 1991.
Catherine M. Golden
Mayor