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Home My WebLink About1993-0518 Council Mtg PACKET Important: Any citizen attending Council meetings may speak on any item on the agenda, unless i" t / 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 aciencla. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL MAY 18, 1993 I . PLEDGE OF ALLEGIANCE: 7 : 30 P.M. , Civic Center Council Chambers IZ. ROLL CALL III. APPROVAL OF MINUTES: Regular Meeting of May 4 , 1993 . IV. SPECIAL PRESENTATIONS: 1. Proclamation - "Community Theatre Week" June 13-19, 1993 . 2 . Proclamation - "Airport Appreciation Day" May 23 , 1993 . V. CONSENT AGENDA: 1. Minutes of Boards, Commissions, and Committees. 2 . Departmental Reports. 3 . dLiquor license requests: a. The Sandpiper, 139 E. Main Street - Dispenser Class A. 4 . Confirmation of Mayor' s appointment of Hap Freund to Cable Access Commission for term ending June 30, 1995. 5. April Snow/Water Report. 6. Request from Public Works Dir. to set public hearing for June 1, 1993 on the proposed facility plan for the wastewater treatment plant. VI . UNFINISHED BUSINESS: 1. Continuation of public hearing on P.A. 93-058, request for Comprehensive Plan map change from Single-Family Residential to Open Space for 2 . 32 acres surroun,,gling the . 30 acre homesite (Bill & Gloria Richey, Applicants)1Y10AFirst reading of ordinance amending the Comprehensive Plan map- VII . NEW & MISCELLANEOUS BUSINESS: 1. Letter from Evelyn Murdock regarding ambulance service rates. 2 . Request by Mayor Golden for endorsement of fee increases for Transportation Plan. VIII . PUBLIC FORUM: Business from the audience not included on the agenda. (Limited to 3 min. per speaker and 15 min. total) r► IX. ORDINANCES RESOLUTIONS & CONTRACTS: j1. Second reading by title only of "An ordinance amending the Fire Prevention Code, Chapter 15 . 28 of the Ashland Municipal Code" . 1 �2 . Second reading by title only of "An ordinance amending Sections 15 . 04 . 010, 15. 04 . 090, 15 . 04 . 100, 15 . 04 . 192 , 15. 16 . 200, 15 . 16 . 360, 15. 16. 370 , and 15 . 36. 010 and repealing Q� Sections 15 . 04 . 040 and 15 . 04 . 080 of the Ashland Municipal Code relating to building and other specialty codes" . 3 . / first reading by title only of "An ordinance amending Sections / 0. 110 . 020. B, 10. 110 . 030.A, 10. 110 . 030 . B, 10. 110 . 040.A. 1 and adding Section 10. 110. 020.J of the Ashland Municipal Code to prohibit discrimination in housing based on sexual orientation" . 4. Reading by title only of "A resolution dedicating certain lands for park purposes pursuant to Article XIX, Section 3 of the City Charter" . ✓5. Reading by title only of "A resolution of the City Council of the City of Ashland, Oregon, readopting an equal employment opportunity policy and affirmative action program for the City of Ashland, and repealing Resolution No. 89-35" . a6. Authorization for Mayor and Recorder to sign quitclaim deeds, terminating utility easements on Lots 1, 2 , and 3 , Block 1 of Franeva Heights Subdivision. X. OTHER BUSINESS FROM COUNCIL MEMBERS XI . ADJOURNMENT (d:\council\agenda) I� MINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL ` MAY 4, 1993 CALL TO ORDER: Mayor Catherine Golden called the meeting to order at 7: 30 P.M. on the above date in the Council Chambers. Laws, Reid, Hauck, Acklin, Winthrop, and Arnold were present. SPECIAL PRESENTATIONS: Proclamations were read as follows: "National Drinking Water Week" - May 2 - 8, 1993; and "National Historic Preservation Week" - May 9 - 15, 1993 . APPROVAL OF MINUTES: The minutes of the Regular Meeting of April 20, 1993 , were accepted as presented. CONSENT AGENDA: Hauck moved to approve the Consent Agenda as follows: 1. Minutes of Boards, Commissions, and Committees; 2. Departmental Reports - April 1993 . 3 . Confirmation of Mayor's appointments: a. Lyle Smith to Airport Commission for term expiring April 30, 1994. b. Re-appoint Tim Bewley to Cable Access Commission for term expiring June 30, 1996. c. Re-appoint Suzi Aufderheide to Cable Access Commission for term expiring June 30, 1996. 4 . Quarterly report from SOREDI, for period of January through March, 1993 . 5. City Administrator's Monthly Report for .April 1993. Winthrop seconded the motion which carried on voice vote. PUBLIC HEARINGS: P.A 93-058, Open Space Request - Bill E Gloria Richey. Planning Dir. McLaughlin said the Oregon Revised Statutes allow property owners to request a comprehensive plan map designation as open space, which removes development rights and lowers property taxes. He reviewed the request to change 2 . 32 acres from Single Family Residential to Open Space. The Planning Commission recommends approval with the condition that a conservation easement to prohibit development of the property follow with the land. The public hearing was opened, there was no comment and it was closed. .Golden made a site visit and said this open space will add important visual relief. Reid said it could provide affordable housing. Winthrop is concerned that there is so much property not on the tax roles, and if neighborhood access were provided he would feel differently. Laws said there is still a social advantage in that it provides habitat for wildlife and vegetation, and is good for the neighborhood even if neighbors don't have access. He suggested it be referred back to the Planning Commission for development of a policy. Reid is concerned with alternative pedestrian/bike routes out of neighborhoods. Acklin said criteria should consider the total impact of piecemeal types of open space donations on the open space plan, also considering neighborhood characteristics and maintenance of non-public open spaces. Arnold agreed. Laws moved to refer the issue back to the Planning Commission with instructions to develop a policy for all future requests, taking into consideration the above concerns. Reid seconded and the motion carried .on voice vote. Regular Meeting - Ashland City Council - May 4, 1993 - P. 1 4% Food & Beverage Tax Increase. A memo from Finance Dir. Turner was read dated April 30, 1993 regarding wastewater treatment plant financing, and urging Council to either raise sewer rates by 25% or enact the 4% F&B tax increase. Public Wks. Dir. Hall said he received no written comments, and reviewed his memo dated May 3, 1993 outlining cost ranges for each alternative. The public hearing was opened, and Bob Reinholdt, 202 Oak Lawn, asked to what extent State and Federal governments are willing to participate in this project. Almquist said there are no state or federal programs to provide assistance; and Winthrop said the basic policy initiatives have come from the Federal government. Russ Silbiger, 562 Ray Lane, said the tax is wrong, the amount of revenue to be raised is not known, nor is the effect on business owners. Laura Mercer, 725 Terra Ave. , asked about the effective date and the cost for sewage treatment plant improvements. Carl Oates, Ashland Wetlands Coalition, urged Council to not approve the increase at this time. He feels Councilors should be more familiar with wetlands and if Federal funds are available. Gary Schrodt, Wetlands Coalition spokesperson, . 681 Liberty, said the Coalition is opposed to raising the tax at this time. He said the citizens should be taxed only after they know what the costs will be, and other funding alternatives should be considered. Hall said the only funding sources he is aware of are EPA grants. There being no further comment from the audience the public hearing was closed. Laws said Council should act on the information available at this time. Winthrop noted that the voters decided the 4% is an acceptable way to partially fund the program, and proposed legislation could invalidate the tax, so Council should act now. Acklin said adding the 4% is irresponsible and should not have been done in the first place without the benefit of a public hearing. She said everyone will derive benefit from the improvements, hotels/restaurants can pay higher rates, and low income individuals can be fairly subsidized. Acklin noted that the rates have to be raised in order to go to the bond market, and she will vote against the 4% additional tax. Arnold said he voted against the tax, but will vote for this because a majority of the citizens indicated that this .is the preferred funding mechanism. Laws agreed. A resolution was read increasing the food and beverage tax from 1% to 5% pursuant to Ashland Municipal Code Section 4.34.020.D. , effective July 1, 1993 . Hauck moved adoption, Winthrop seconded, and the motion passed on roll call vote with Acklin. dissenting. (Reso. 93-15) NEW & MISCELLANEOUS BUSINESS: Comprehensive Housing Affordability Strategy. Winthrop brought this to Council to make them aware of the document requirement, and to determine if the City should prepare same or enter into a consortium with Medford and Jackson Co. Laws would like to know what the money can be spent on. Hauck said Medford uses these funds for service programs. Reid mentioned pedestrian access Regular Meeting - Ashland City Council - May 4 , 1993 - P. 2 i.e. , sidewalks near schools. She suggested reviewing Council goals for those which need funding. Arnold would like to submit a document by October 1, after receiving public input on funding priorities. All agreed to proceed. Acklin prefers the consortium approach. Clay Street Request. Reid said the petitioners asked that this issue be postponed until June 1. Ashland Loop Road Assessment. Becky Neuman, 4240 Clayton Rd. , and the property owner being assessed for the improvements, said the City's contract engineer made an error and she should not have to pay the additional $5, 000+. Reid noted that design problems at Morton and Ashland Loop were straightened out by this project, and said the LID benefits more than just the Neumans. She said the City should absorb the $5, 720 or attempt to negotiate with the design engineer. Hall reviewed his memo dated March 23 , 1993 outlining the history of project, and said the same situation would have occurred if the Neuman's had the work done on their own. Arnold noted a letter in the record in which the Neuman's agreed to pay the $57 , 948 . Hauck said the policy is that if a bid comes in a certain amount over the engineer's estimate the project is dropped, as occurred in this case. Kurt Knudson, speaking for the Neuman's, said they have absorbed more than 100 over the estimate already. On a question from Winthrop, Hall said the monies would be taken out of the street overlay program. Winthrop moved to reconsider action taken on April 20, and Reid seconded the motion. Acklin is sympathetic but would rather not set back the street resurfacing program. The motion failed as follows on roll call vote: Reid and Winthrop, YES; Laws, Hauck, Acklin, and Arnold; NO. Planning Commission Retreat. Mike O'Brien, Daily Tidings Publisher, spoke in protest of the alleged violation of the open Meetings Law by the Planning Commission recently. He distributed a letter from their attorney, which supports his position, and reviewed portions of same. He asked that the Council recognize the violation and establish a policy on retreats for the future. Nolte received and reviewed a copy of the letter, spoke with their attorney, but disagrees that the law was violated. He said the Attorney General has determined that discussions about personal interaction which do not involve deliberation on a decision are not public meetings. Barbara Jarvis, Planning Commission Chair, said a discussion was held about personal interaction and no planning action was discussed. She feels the Commission has been unfairly denigrated by the newspaper, and said the Commissioners are committed, they work hard, and take their positions very seriously. She requested that Council not make a decision on this issue at this time. Laws, liaison to the Planning Comm. , said the meeting was called as a work session, and the Commission retired to a private meeting when questions were raised about procedures for allowing testimony. Arnold said a policy should be prepared for these citizen groups to avoid future problems. Acklin said retreats have been used in the past and the press was sensitive to the personal Regular Meeting - Ashland City Council - May 4 , 1993 - P. 3 nature of issues to be discussed. She moved to develop a policy for meetings such as was held by the Planning Commission on April 27th. Reid seconded. Nolte will prepare a draft policy for Council review. Golden said there are times when personal interaction sessions need to be held, and she is convinced there were no deliberations toward decisions, but a discussion on how to create a better atmosphere for the public. The motion carried on voice vote. PUBLIC FORUM: Golden said the smell in her neighborhood from the sewage treatment plant is unbearable. Public Works Dir. Hall told of repairs made recently to the anaerobic digester. It is now functioning as it should and the sludge will be hauled out as quickly as possible, which will lessen the odors. ORDINANCES. RESOLUTIONS & CONTRACTS: Amend Fire Prevention Code. Fire Chief Woodley said the ordinance was amended to allow additions to structures in areas of marginal or deficient fireflows, however, if the addition constitutes a new dwelling unit or the total square footage is 3600 or greater, water system improvements will be . required. An ordinance amending the Fire Prevention Code, Chapter 15. 28 of the A.M.C. was read by title only. Acklin moved to second reading, Laws seconded, all YES on roll call vote. Amend Municipal Code Relating to Building and Other Specialty Codes. First reading by title only of an ordinance amending the following Sections of the AMC: 15. 04. 010, 15. 04 . 090, 15. 04. 100, 15.04.192, 15. 16. 200, 15. 16. 360, 15. 16. 370, and 15. 36.010 and repealing Sections 15. 04 . 040 and 15. 04 . 080. An amendment to SECTION 2 of the ordinance was distributed and read. Laws moved to second reading, Hauck seconded, all YES on roll call vote. OTHER BUSINESS FROM COUNCILMEMBERS: Laws requested that Council members allow people giving testimony to speak without Council rebuke or .debate until the public hearing is over, except to clarify. questions. Arnold suggested adopting a procedural rule to be . codified. Laws and Nolte agreed to prepare a draft for Council consideration. Arnold noted that the newly revamped recycling center has no bike parking facilities. He suggested assessing all City buildings for compliance with bike parking standards. Golden told of an impressive package in the Legislature which will help to fund transportation alternatives. Almquist said he will write to the legislators at the appropriate time concerning the possibility of state shared revenues being retained in the general fund. ADJOURNMENT: The meeting adjourned at 10: 40 P.M. Nan E. Franklin Catherine M. Golden City Recorder Mayor (d:lminl5-0-93) Regular Meeting - Ashland City Council - May 4, 1993 - P. 4 1 (. 4 W tl J�'+u_,✓fV V JAM- .l' w ,rJ"• : t f /•,:-r( \ .-1 1�;`t"1' wtif /..;\ r T a . .> 3 Y twY ''� .'.; S��1C moo, �y \>y .h, F' '0 ff I ,a:�lh\ .•\• / ,e, t/1P.>e t, a/ sc {7Rlp•i• !<�TI �._ \1=PWN: -•: I No PROCLAMATION +" WHEREAS, Ashland's long cultural history leads directly into the spirit o the 8 ry y � P .f town today...cultured yet down to earth, progressive yet traditional. That spirit rit is one o f Ash land's finest qualities. `- WHEREAS, Ashland has eight community theatres performing classical, _?-= avant-garde, comedy and musical productions; and ;€ ?{>.< WHEREAS, Ashland theatre community has played a critical economic and i{�- A cultural role in the development of the community by supporting artistic / employment and cultural experiences for both actors and audiences and m ' a providing information about goods and services available locally via the advertising venue in their programs; and f WHEREAS, Ashland theatre community is a major tourist attraction bringing thousands of theatre goers from all over the world; and w•,(��j�_if, - WHEREAS, Ashland theatre community allows for expansion of creative -'�i17105°. horizons for actors, writers, directors, and technicians. . r ----- i l(II NOW, THEREFORE, WE, THE MAYOR AND CITY COUNCIL OF THE CITY OF ASHLAND, do hereby declare the days between jl June 13 and June 19, 1993 to be proclaimed: °ufG. //COMMUNITY THEATRE WEEK y' s((!)!2 Dated this 18th day of May, 1993. c J • ¢ yii ~ •-t.GFy Catherine M. Golden, Mayor ((( '_."ik Nan E. Franklin, City Recorderal.; a � •;\ � Ir•; I N�'%ra �•e_�.,,n dqA lf' ..�. `. �rf� r , pOlYl•i� �� I'=' , �/L 4 u", CC C{((+' S. -2• LVVVer$$, "fJ ava`¢•„. .\\...../rf. �'4° y \/dty MW .:,•. V ";". :� � NW`� .. _-Y.:V.'/, a.V'j.Fl+ .L•.. ..,c,�r�4 �'l.4•y{..• :u� N4\.�ti• .TM1_ }'r q•Ot` gt_WF1 - _'xl 0=131 1pmqg�z�..V OM Z I IN, OHM', PROCLAMATION NilZil F 4-3.14, V WHEREAS, access to a modern transportation system is essential to U 1{(1;I,'.; the Ashland economy; and WHEREAS, the City of Ashland, Oregon enjoys the use of the national air transport system through its municipal airport, Sumner Parker Field; and WHEREAS, each citizen receives the benefits of that use through private passenger, tourist, air cargo, medical evacuation, fire suppression and recreational activities. NOW THEREFORE, 1, Catherine M. Golden, Mayor of the City of Ashland, Oregon, do hereby proclaim Sunday, May 23, 1993 as: "AIRPORT APPRECIATION DAY' in Ashland, and encourage each person to visit Ashland-Sumner Parker Field that day, to gain a greater appreciation for this vital part of our national, regional and local transportation system, and the people who support and sustain it on our behalf. Dated this 18th day of May, 1993. Catherine M. Golden, Mayor Nan Franklin, City Recorder 003 ZEN -Ik�11151 12310 REV Mm, R,ii p irE` Im" �071 m I n ell ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES APRIL 13, 1993 CALL TO ORDER The meeting was called to order by Chairperson Barbara Jarvis. Commissioners present were Medinger, Thompson, Bingham, Carr, Powell, and Armitage. Staff present were McLaughlin, Molnar and Yates. APPROVAL OF MINUTES AND FINDINGS The Minutes and Findings of the March 9, 1993 meeting were approved. PUBLIC FORUM PETER FINKLE, Transportation Advisory Committee (TPAC), reported to the Commission that RVTD was offering reduced fare as of March 29, 1993 to riders and that SOSC students were able to ride free. He requested a joint study session with the Planning Commission to work on revising the Transportation Element of the Comprehensive-Plan. He would like to meet some time in the next three months. McLaughlin said TPAC was going to be used as the citizens involvement group. The next meeting of TPAC will be held Friday,,April 16th at 8:00 a.m. at the Council Chambers and any Planning Commission members are invited to attend. TYPE III PLANNING ACTION PLANNING ACTION 93-058 REQUEST FOR COMPREHENSIVE PLAN MAP CHANGE FROM SINGLE FAMILY RESIDENTIAL TO OPEN SPACE FOR THE 2.32 ACRES SURROUNDING THE .30 ACRE HOME SITE. APPLICANT: BILL AND GLORIA RICHEY Site Visits and Ex Parte Contacts Medinger, Bingham, and Carr had site visits. Powell had a site visit and drove Jessica Lane. Jarvis had a site visit and saw Mr. Richey. He told her where the lot was and said he had lived on the property for 35 years. He said because the notice sent out did not state this was to.be "private" open space, the neighbors were concerned the area would be public. STAFF REPORT ` McLaughlin stated that the access to the.applicant's home is from a driveway off Carol Street. The applicant requested that the Comp Plan be changed. This process is allowed through State law to designate areas as open.space. The Commission has approved two of these in the past - one off Terrace Street and the other near Guthrie. The open space becomes part of the viewspace of an area. In the past, Staff have seen no problem approving these requests and they have recommended approval with the attached Condition. If the property owner asks for the property to return to single family designation, the State would require the property owner pay. all back taxes. While it remains open space, the property owner does not have to pay property taxes. It is permissible to fence the property, add plantings and keep livestock. Bingham wondered what advantage this action was for the City. McLaughlin said it maintains neighborhood livability. Powell didn't see that the neighbors could have access or even enjoy the view because the property is hedged off. McLaughlin said the view from Jessica Lane is limited but there are other views from Carol and Clinton. PUBLIC HEARING No one came forth to speak. Staff Comments Medinger also wondered about Powell's comment and removal of the property from the tax rolls. McLaughlin responded that the State Statutes lists criteria for approval one of which is that the granting authority (City of Ashland) shall not deny the application soley because of the potential loss in revenue which may result in granting the application. COMMISSIONERS DISCUSSION AND MOTION Carr moved to approve Planning Action 93-058 with the attached Conditions. This application does conserve and enhance the natural resources. Bingham seconded the motion and it was carried unanimously. ASHLAND PLANNING COMMISSION 2 REGULAR MEETING MINUTES APRIL 13,1993 TYPE II PUBLIC HEARINGS PLANNING ACTION 93-020 REQUEST FOR A CONDITIONAL USE PERMIT FOR"THE EXPANSION OF AN EXISTING TRAVELLER'S ACCOMMODATION LOCATED AT 261 W. HERSEY STREET FROM FOUR UNITS TO FIVE UNITS. APPLICANT: AUDREY SOCHER Site Visits and Ex Parte Contacts —Medinger had a site visit and noted the large rear yard. Thompson remembered the property from the application before, and he had a site visit. Bingham also remembered the property from before; and he had,a site visit and he took note of how deep the parking spaces were. -+Carr was also involved in the previous application and she had a site visit. —Powell was also involved before and she also parked in a parking place and observed the fruit trees and the rose garden. —Armitage had a site visit and his only concern was that there was no visible planning action sign. He noted that many of the properties he visited had no signs. —Jarvis had a site visit and looked at how the parking should be marked and saw the fence and the area. STAFF REPORT This application was originally approved as four-unit traveller's accommodation in 1987. The lot is over a half acre with two buildings on the property. The owners residence and two units are on Hersey Street and a carriage house with two units is detached from the residence off the alley. The applicant is requesting to add a fifth unit to the carriage house. The target use of the R-3 zone would permit 11 apartments. The application is well within what would be permitted. However, this was originally approved administratively as a Type I and called up for a public hearing by a neighbor. The concerns raised have been over increased traffic along the alley, noise coming from the guest parking area and loss of privacy. Over the past few years, there has been an increase in development in this area. The applicant submitted a letter dated March 8, 1993 addressing the concerns of the neighbor. The applicant has taken steps to try to minimize any adverse effect with an additional unit. The main concern of the neighbor is guest parking. He has suggested reconfiguring the parking to set it deeper into the lot, causing the carriage house to be between the parking area and the neighbor's residence, therefore, the noise emanating from the parking area would be deflected away from his residence. ASHLAND PLANNING COMMISSION 3 REGULAR MEETING MINUTES - APRIL 13,1993 Molnar added that as neighborhoods grow and change, that impacts will develop and through the Conditional Use Permit process Conditions can be added to work at minimizing these impacts so approvals are not done at the expense of the neighboring residents. With this application; the number of units is still well below the target use of the property, and Staff has recommended approval. Staff has suggested wording for a Condition, should the Commission decide to deepen the parking--"That the depth of the existing parking area off the alley be increased by approximately 15 feet so that it lines up with the west building edge of the carriage house". Exhibit P-5 (pictures of the applicant's property) and a letter from the Historic Commission were submitted. PUBLIC HEARING CHRIS HEARN, Davis, Gilstrap, Harris and Balocca, 515 E. Main Street, representing Audrey Socher, said the property is zoned for up to 12 units, making her well within the criteria. If the parking is deepened, the applicant will have to destroy her rose garden and Socher does not feel that by moving the parking, it will mitigate anything. The unit being proposed is the unit formerly occupied by Socher. The parking spaces are already very long. Will moving them really mitigate the noise? If cars are coming and going up and down the alley, feet deeper parking will not mitigate the noise that much. The cars will still be moving up and down the alley. All it will do,is pave over a rose garden. Socher's traveller's accommodation is one of the few in Ashland that have complied with Americans With Disabilities Act and has wheelchair access. The proposed additional unit will have wheelchair access. The reports from disgruntled neighbors are uncorroborated. AUDREY SOCHER, 261 W. Hersey Street mentioned the handout of pictures that show the metamorphosis of the property. She was pleased to have the Historic. Commission commend her operation. She has been in operation for five years and the issues were not brought up by the neighbor after four years as stated in her letter. The garbage pick-up has been within the parameters of the law. There have been no complaints by the police of noise. People like to stay there because it is quiet. Guests will walk whenever possible. She will feel a great loss if her rose garden has to go under. Her guests enjoy it immensely. She said her guests have morning coffee outside, 65 feet away from her neighbor. There are three fences between her property and the neighbor. TERI KOERNER, 87 3rd Street, Southern Oregon Reservation Center, speaking in ASHLAND PLANNING COMMISSION 4 REGULAR MEETING MINUTES APRIL 13,1993 favor of the application, stated that Arden Forest provides one of the few handicap access facilities. The fifth unit is needed. The Sochers are sensitive to the number of guests that stay in their dwellings. They do not add roll away beds so six people could be in a room that really accommodates four. They accommodate people who want quiet. It is a unique, comfortable turn-of-the century farmhouse. The yard and the landscaping is beautiful. She does not want to see more asphalt. She could not even see the house next door when driving down the alley. She is asking the Commission to approve the application without further financial burden. MARY LOU GROSS, 240 W. Hersey, lives across the street from the Sochers and the complaining neighbor. She walks her dog along the alley three to four times a day and is there from as early as 7:00 a.m. and as late as midnight. She is not aware of noise. The Sochers attract quiet guests. The use is compatible. If there were ten to twelve apartment units there would be far more traffic generated daily than with a traveller's accommodation. The guests barely take the car out once a day. The parking is accommodated by the Socher's spaces. The guests that visit eat breakfast and tend to leave later than the average person leaving for work. Coffee klatches on the deck find guests sipping coffee and reading the paper. She has witnessed this herself and never heard any noise from it. The upgrading of the Sochers property has instilled a new neighborhood pride. Neighbors want to fix up their properties and there are those that want to invest in the neighborhood. GARY BREWER, 229 W. Hersey Street, stated that the alley is the problem. The last thing the alley needs is another parking lot. He is not complaining about garden parties. He has a problem with doors slamming all hours of the night and morning. Guests come in late and leave early. He is directly affected by this noise. One bedroom in his house has been rendered worthless because of the noise. He would like the Commission to deny the application based on the alley. Brewer referred to P492-034 in which the Commission designated a study be done on the alley last year because of the increase in the parking lots on the alley. The study was never done. He has met with Staff to achieve a balance in the neighborhood since there has been increased development in his area. The Traffic Safety Commission was supposed to discuss the alley and it is finally on the agenda. He would like to see this study done before any further approvals take place. Brewer said the sounds from the Sochers property is amplified at night. Kids use the alley at high speeds. He would be happy to replace the applicant's rose bushes in order to deepen the parking. Or, just reserve the parking just for handicapped. Jarvis wondered how Brewer could tell where most of the sound comes from. Brewer said he has no problem with the apartments because they are far enough away. Everytime a car door slams across the alley, it sometimes rattles the windows in his ASHLAND PLANNING COMMISSION S REGULAR MEETING MINUTES APRIL 13,1993 house. Brewer submitted the Findings from PA93-034 and an article from the Medford Mail Tribune (Exhibits 0-1&2). HEARN, in rebuttal, said the opponent is bringing up several different issues with the alley. This is a minimal expansion and there is no rational relationship to moving the parking deeper and eliminating the rose garden to mitigate noise. Hearn was also not aware of any amphitheater. effect. Staff Comments to Testimony The criteria was mailed with the notice map and the applicant has met the criteria for . approval. In response to Hearn's comment about moving the parking, under the CUP process, the Commissioners are allowed to modify plans, including modifying placement of parking on the project site to buffer adjacent uses from the possible detrimental effects of the proposed development. A finding would have to be made. Medinger wanted to consider the possibility of having guest parking at the Socher's property across the street. Socher was not opposed, but the parking can be no further than 200 feet away from the traveller's accommodation. Medinger thought a Condition requiring.upgrading the photinia would be helpful. Socher thought another type of shrub would grow better, but she would not be opposed to Medinger's suggestion. Socher mentioned that her Planning Action sign was posted but blew away. COMMISSIONERS DISCUSSION AND MOTION Bingham asked about the Traffic Safety review of the alley. McLaughlin said Traffic Safety will be looking at the possible closure of the alley, use of bollards in the alley with access to only Brewers and Socher, no through traffic, and other proposals. They think it would be most appropriate to do a study during the peak season. There was continued discussion of possible parking across Hersey Street, however, some of the Commissioners were not comfortable putting parking across the street, especially if it would cause children to be crossing Hersey. Planting along the fence was also discussed, but there was uncertainty as to how it would be maintained. ASHLAND PLANNING COMMISSION 6 REGULAR MEETING MINUTES APRIL 13,1993 There could possibly be planting on the inside of Brewer's fence. The Commissioners agreed that there would be little use in deepening the parking and they did not favor turning the rose garden into more asphalt. Thompson felt this is a case where someone moves into an area and the area changes. This is an R-3 zone where higher density is permitted thus causing more noise and a higher impact on surrounding neighbors. He favors the application and so moved. Add a Condition that signs be placed in each parking space indicating a "Quiet Zone" or quiet area just as a reminder to the guests that they are in a neighborhood and maybe they will stop and be a little more considerate. Bingham seconded the motion and it carried with Medinger voting "no". PLANNING ACTION 93-031 REQUEST FOR A SITE REVIEW TO CONSTRUCT A TRI-PLEX AT THE PROPERTY LOCATED AT 170 S. MOUNTAIN AVENUE. A CONDITIONAL USE PERMITS ALSO REQUESTED TO ALLOW FOR THE TRI-PLEX TO BE USED AS A TRAVELLER'S ACCOMMODATION DURING PART OF THE YEAR. ALSO, A VARIANCE IS REQUESTED TO ALLOW A PORTION OF THE DRIVEWAY TO HAVE A WIDTH OF APPROXIMATELY 16 FEET RATHER THAN THE REQUIRED 20 FEET. APPLICANT: JONATHAN LANDES Site Visits and Ex Parte Contacts Site visits were made by all. Carr, Powell, Armitage shared information at the Hearings Board. Jarvis looked around the rear of the property and noticed the school parking lot. STAFF REPORT This application was reviewed before the Hearings Board and they requested it be brought before the full Commission. In 1990 there was an approval to move a duplex onto the rear of the property. The proposal is to construct another separate structure (tri-plex). The applicant is requesting that for a portion of the year, he would have the flexibility to utilize the three units for traveller's accommodations. The target use of the zone could accommodate seven units. The question raised by the Hearings Board was concerning the traveller's accommodation ordinance and the 20 year regulation. Staff's interpretation originally was that the residence on the property is older than 20 years and that any new units ASHLAND PLANNING COMMISSION 7 REGULAR MEETING MINUTES APRIL 13,1993 would not a be required to be 20 years old. Included is the City Attorney's opinion that Molnar read into the record. If the Commission chooses to follow the City Attorney's position that the no additional units can be added unless at least one traveller's accommodation is located in the primary residence, the traveller's accommodation proposal cannot be approved. Molnar explained if the Commission does not believe the 20 year rule has not been met, the applicant would still like the Commission to review the his application, including the tri-plex and Variance. Staff felt overall, that the findings for the Variance are adequate. The main concern is with having 15 feet of unobstructed clearance for fire apparatus. A Condition has been added to provide for a residential sprinkler. As Medinger recalled when he helped in the writing of this ordinance, that this application departs from the original concept of a traveller's accommodation 20 years or older.. PUBLIC HEARING JONATHAN LANDES, 170 S. Mountain Avenue said he would leave the decision of the traveller's accommodation approval up to the Commission. There area couple of nice trees he wants to preserve with regards to the driveway width. Landes explained that a before the paving of Mountain, he received a letter saying he would need to stub in for water and sewer, which he did. When he began the process for the current proposal, he was told he would need a fire hydrant. He was not allowed to get a hydrant because there is a no-cut moratorium. Don Paul said he could get a residential sprinkler. JOHN SCHLEINING, 6191 Ventura Avenue, Central Point, wondered if Landes could live in the tri-plex and have the house as a traveller's accommodation. McLaughlin responded that would take another opinion from the City Attorney. DON PAUL, Fire Department, stated that generally sprinklers are required when there is inadequate fire flow. Hydrants are to be no more than 250 feet from the structure, but because of a no-cut street moratorium, Landes could not do this. He recommended a residential sprinkler system. COMMISSIONERS DISCUSSION AND MOTION Conditional Use Permit for the tri-plex as a traveller's accommodation. Medinger, reiterated that he did view this application as meeting the intent of the ASHLAND PLANNING COMMISSION 8 REGULAR MEETING MINUTES APRIL 13,1993 ordinance. This seems more like student housing. Armitage agreed and felt that with the City Attorney's position, there would be little to do but deny the traveller's accommodation. Carr moved to deny the CUP for the traveller's accommodation based on the City Attorney's findings. Armitage seconded motion and it carried unanimously. Site Review and Variance to construct tri-plex. Medinger could see no problem approving as long as the applicant works with the Fire Department. McLaughlin noted the Tree Commission reviewed the landscape plan. Medinger moved to approve the application for Site Review and Variance with the attached Conditions. Thompson seconded the motion. Add Condition nine to expand the curb cut to 20 feet because the parking on the street is so close. Medinger moved to amend and Thompson seconded. The motion carried unanimously. PLANNING ACTION 93-035 IS A REQUEST FOR A CONDITIONAL USE PERMIT, SITE REVIEW AND SOLAR WAIVER TO CONVERT THE EXISTING HISTORIC PEERLESS ROOMS BUILDING, LOCATED AT 243 FOURTH STREET, TO A SEVEN-ROOM HOTEL. THE PROPOSAL INVOLVES THE CONSTRUCTION OF AN 800 SQUARE FOOT, TWO STORY ADDITION ONTO THE REAR OF THE BUILDING. IN ADDITION, A PARKING VARIANCE IS REQUESTED TO REDUCE THE REQUIRED NUMBER OF SPACES FROM EIGHT TO FOUR. APPLICANT: CRISSY BARNETT Site Visit and Exparte Contact Medinger, Thompson; Armitage,.and Carr had site visits. —Powell had a site visit and a conversation about six weeks ago with a neighbor concerning the tree in the proposed parking area that was originally supposed to be saved and today, during her site visit,.she saw the same neighbor and he had heard the tree was diseased and will be cut down. Bingham had a site visit and saw John Knight. Knight discovered Bingham was a Planning Commissioner and Bingham discovered Knight was the contractor. After this discovery, the two discussed the merits of various old cars. -►Jarvis had a site visit and talked with John Knight. He showed her where the addition would go. He told her the neighbor across the alley called the action up for a public hearing. STAFF REPORT ASHLAND PLANNING COMMISSION 9 REGULAR MEETING MINUTES APRIL 13,1993 In one sense, this is an exciting application as it involves the restoration of a building and yet it is difficult because there are neighborhood concerns regarding development. There is very little to add to the applicants findings. The property is on the National Historic Register. The proposal involves putting the building back as a hotel use with luxury suites. Overall, there are few changes proposed other than the addition at rear of the building of a two-story enclosed porch and part of a suite. The addition lengthens the building and impinges on part of the view of neighbors. The applicant has made it clear in the findings that to make this building viable commercially, that the addition is required. This has been discussed with the applicant and the neighbors. There are photographs on the wall showing the impact of the view on various back yards. Overall, in terms of an addition, it is relatively small and is an appropriate hotel use for the site. Staff recommends approval of this application. Staff asked the Commission to consider the concerns of the neighbors as we may move on to a railroad plan in the future that will hopefully address these concerns up front. The ordinance encourages parking variances in the Historic District to allow for the preservation of existing structures and allowing the property to be used to its highest commercial use. A fifty percent variance can be granted, as the applicant is requesting. In discussions with the neighbors and the applicant, they have requested the alley not be paved since the hotel is within walking distance of the downtown and paving would only encourage additional use. There is diagonal parking on Fourth. Street and while there are times when parking may go beyond the project site, Staff believes the benefits far outweigh the detrimental effect of trying to provide more parking spaces at the rear of the property. A solar waiver has been requested and the property to the north has agreed to the additional shadow. A Conditional Use Permit for a hotel is being requested and Staff . has recommended approval. The ordinance does not address the view in any manner. Staff has recommended approval of the application with seven attached Conditions. The Tree Commission originally wanted to retain the walnut tree but withdrew their request at the April meeting. The criteria of approval have been noticed and sent out with the application. A letter from Tom Frantz was distributed to the Commissioners along with previous Historic Commission minutes where this action was reviewed. The letter from Dave Shallabarger was entered into the record. PUBLIC HEARING CRISSY BARNETT, 182 Scenic Drive, explained this structure would be the first certified rehabilitation in Ashland. She wants to maintain the historic integrity of the ASHLAND PLANNING COMMISSION 10 REGULAR MEETING MINUTES APRIL 13,1993 building and the Coca Cola sign. She is proposing to return the building to its original use. She wants to balance the needs of the building to the surrounding community. Barnett does not envision any restaurant type use. STEVE BARNETT, 182 Scenic, stated this property is now owned by someone who is willing and capable of restoring it. With the addition, it can be economically viable. This is Peerless's last chance to survive--it will continue to crumble. There is a rich history in the railroad district and the building deserves a chance to be saved. RON THURNER, spoke on behalf of the applicant. With regard to planning action signage, he certified that the signage was done. There should be materials in the Planning Commissioners packets from the Historic Commission and Tree Commission. There were an additional seven exhibits presented (K-P). McLaughlin said there were large exhibits that Staff did not put up tonight. Medinger discussed the window'treatment and wondered if something more traditional could be used instead of sliding windows on the screened porch. The State Historic Preservation Office has said they do not want to emulate the existing windows on the building. The addition should be a distinct separate design that does not mimic anything that exists, at the same time still maintain a level of historic integrity. Medinger dislikes the sliders and would like to see what will actually be used. Thurner explained that as part of a certified rehabilitation, SHPO and the National Parks Service has the final say and they have to approve for integrity in appropriateness and design. Bingham asked if, in fact, the walnut tree was diseased. Thurner said it is diseased with a fungus. Thurner reported that though Staff has recommended paving of the parking lot with materials other than asphalt or concrete, because of ADA requirements, that will probably not work. ADA requires a smooth, skid resistant surface. BOB SULLIVAN, 525 Sheridan Street, commented this building is comparable to the Orth building in Jacksonville. It took him five years to sell it. If it had not sold, the building would be in ruin. Sullivan encouraged the Commission to accept this application without haste. KATHY HOXMEIER, 435 B Street, had written comments opposing the application. GARY EINHORN, 455 B'Street had written comments opposing the application. SUSAN BEARDSLEY EINHORN, 455 B Street, expressed her concerns about the ASHLAND PLANNING COMMISSION 11 REGULAR MEETING MINUTES APRIL 13,1993 impact of this building on her livability in terms of view and privacy. There will be noise, parking, and lighting - things that are not there now. The addition encroaches on her backyard privacy. Her front yard along B Street is a public place. Bingham wondered if Einhorn had a solution. She suggested no windows in the back. Powell suggested plantings and a fence to restore their privacy. Einhorn said a fence could not be built that high, but the bamboo does help. JEFF STRAUB, 463 B Street, stated that he plans to live in the house for a long time. His first concern. is obstruction-of his view. The addition is a huge monolith. Privacy is another concern. He lives in the back of his house which is mostly windows. . He is bothered because he was not contacted in the early stages of this planning action and that someone took pictures from his back door without getting his permission. He has been offended by the applicant's representative during this process. He wants to maintain the.sense of community that exists now on B Street where neighbors still talk to one another. He suggested to Barnett that she have a one-story addition. Jarvis wondered is Straub was really going to lose his view. Straub answered that he would, however, he could cut down his bamboo to better see the mountains and that should add light. Staff Comments to Testimony McLaughlin said a special area.plan is needed for this area. Medinger commented that this property is zoned'E-1 and the owner can build to the property line. The request is below the height limit. BARNETT apologized to Straub if his privacy was infringed upon when someone took pictures from his home. She has put a lot of thought into this project and worked with SHPO for the past six months to get to this design. She has kept the addition to as minimal a size as she could and has worked not to obstruct the view. She cannot reduce it any further. The first submittal to SHPO was without windows in the back and SHPO rejected. Barnett explained that the-luxury suite will be in the rear and the windows overlooking the neighbors will be looking from a bathroom. She asked Einhorn which way she would prefer the tub to face so it would interfere as little'as possible with her privacy. Carr emphasized that this room is.not a public space. Barnett said she planned to use shutters to deal with the privacy issue. THURNER asked what kind of privacy currently exists for the neighbors. From the first ASHLAND PLANNING COMMISSION 72 REGULAR MEETING MINUTES APRIL 13,1993 floor on the alley, there is no privacy for Mr. Straub. If neighbor's privacy is to be protected, there will be loss of view. He apologized to Straub if he offended him. He noted that eventually Einhorn and Straub's property could be developed similarly since they are zoned E-1. COMMISSIONERS DISCUSSION AND MOTION The parking Variance was agreeable. Powell wondered if it was necessary to pave all of the parking lot according to ADA requirements. Can two spaces be of some other material? Bingham-noted that as a resident of the neighborhood, anytime there is a problem with parking on Fourth Street, there is something going on in the Bundini building (large building on the corner of Fourth and B and the bottom floor is used as a dance studio and meeting room). The Commissioners agreed that the Solar Waiver, Site Review and Conditional Use Permit criteria were all met. The Commissioners regretted any adverse impacts but even if there was no addition, the privacy would be impacted. Carr moved to approve PA93-035 as per the attached conditions with possible change to Condition 3 that one parking place be paved to ADA specifications and the other spaces be surfaced in some other way. Armitage seconded the motion and it carried unanimously. CARR MOVED TO CONTINUE THE MEETING UNTIL 11:30 P.M. THE MOTION WAS SECONDED AND APPROVED. PLANNING ACTION 93-050 REQUEST FOR OUTLINE PLAN APPROVAL OF A 31-LOT SUBDIVISION LOCATED AS A WESTERLY EXTENSION OF MILL POND ROAD CONNECTING WITH FORDYCE STREET. APPLICANT: MEDINGER SIMS CONSTRUCTION COMPANY, INC. Site Visits or Ex Parte Contacts - Medinger had a conflict of interest and abstained. -Thompson talked with Medinger about subdivision layouts but not pertaining to this development. They discussed lessening front yard setbacks, one-way streets, space for rear alleys. He made no site visit. -►Bingham had a site visit and conversation with a neighbor, Glenn Archaumbault about drainage. Carr had a site visit. ASHLAND PLANNING COMMISSION 13 REGULAR MEETING ' MINUTES APRIL 13,1993 —Powell had no site visit. Armitage had no site visit. —Jarvis had a site visit. STAFF REPORT The proposal is for a 32 lot subdivision. The original plan was for a dead end street. The revised plan involves the extension of Mill Pond Road and extending it to Fordyce Street. There is a 35 percent density bonus for moderate income priced housing. There is open space designated along the existing drainage channel which is protected by the Physical and Environmental Constraints ordinance. Approximately three-quarters of the open space is consumed by that channel and with a large development perhaps the applicant could provide a larger, flatter area of open space. Staff is asking the applicant to minimize curb cuts and consider the use of common driveways. Also, try to de-emphasize the garage and look at the streetscape. McLaughlin said that the sidewalks can be located on the property, leaving room for a parkrow. PUBLIC HEARING LARRY MEDINGER, 295 Iowa, explained that it is going to cost more to have a neo- traditional layout. In the first design, Medinger said the homes in the cul-de-sac are don't have garages that give a wall effect. In neo-traditional layout, there will no getting around the wall effect. He needs to have a minimum of a 30 foot stream preservation. That would give 50 feet between houses. He feels the open space layout couldn't be better. He found the actual property described is five feet into what his neighbor, Caroline Eidman, has considered her property. He has left 14 feet between the building envelope and the north property line so he can give it back to her when he is in full possession of the property. He can place the boundary on the old line. Medinger will work on neo-traditional layouts and parkrows with the garages pushed back. Thompson would like Medinger to investigate placement of garages off Fordyce. CAROLINE EIDMAN, 541 Fordyce Street, said with the new survey line, it places the property line 9 inches from her existing house. The fence that is there was repaired 11 years ago and she thinks ten years will give her standing. TODD STURLOCK, wondered what was going to happen with the drainage ditch. McLaughlin said part of their storm drain plan will be to improve that drainage. They ASHLAND PLANNING COMMISSION 14 REGULAR MEETING MINUTES APRIL 13,1993 will try to keep it in as natural a state as possible. COMMISSIONERS DISCUSSION This action will be continued next month. Powell wondered if it would be possible to build a bridge with a deck in the flatter area. Thompson wanted Medinger to deign the homes without placing the garages in the front yard and to place on the side when possible. It was moved, seconded and approved to continue to next month. PLANNING ACTION 93-052 REQUEST FOR A SITE REVIEW AND MINOR LAND PARTITION TO CONSTRUCT A WENDY'S RESTAURANT WITH A DRIVE-UP WINDOW TO BE LOCATED AT 1652 ASHLAND STREET (ASHLAND SHOPPING CENTER). APPLICANT: WALT STALLCUP ENTERPRISES, INC. Thompson, Carr and Armitage had site visit with Powell visualizing. Bingham had a site visit and a conversation with the owner of the key shop who hoped to work out a deal to move the key shop to another location in the center. CARR MOVED TO CONTINUE THE MEETING UNTIL MIDNIGHT. . THE MOTION WAS SECONDED AND CARRIED. STAFF REPORT The Minor Land Partition is a straight-forward request and Staff recommends approval. The request is for a Wendy's Restaurant with a drive-up window. This is one of the first major designs that has come under the revised site review process. The applicants have done a good job in accommodating the grade. Planters will lessen the impact of the building being higher. There will be no additional curb cuts on Ashland Street. The development has an excellent landscaping plan. Staff has recommended approval of this action. Thompson commented on the fine pedestrian oriented design, but Highway 66 is lacking pedestrian refuges in the middle of Highway 66. How will the Highway 66 project be funded? McLaughlin said a plan will have to be in place and that is down the line. ASHLAND PLANNING COMMISSION 15 REGULAR MEETING MINUTES APRIL 13,1993 - PUBLIC HEARING CRAIG STONE,.708 Cardley Avenue, said Walt Stallcup, Wendy's owner; Dave Richardson, architect; and Mike Rydbom, Ashland Shopping Center owner were available to offer testimony. The applicant has no objections to the conditions. He has tried to comply with the criteria and requests approval. Bingham wondered where the microphone was located for the drive-up window. Stone said it was on the back side. DAVE RICHARDSON, Architect, 1105 Siskiyou Blvd., believes building will be nice a addition. Medinger mentioned the air conditioning equipment that was apparent on Taco Bell and asked if there would be anything like that seen on this building (from Sentry market). Richardson said there is a parapet. Stone said they are prepared to stipulate screening as there will be air conditioning equipment on the top. McLaughlin said this application will bring the shopping center sign into conformance. COMMISSIONERS DISCUSSION AND MOTION Carr thought language should be added about the vacating of the Frodsham drive-up window. Add to Condition 14 that the drive-up window is no longer considered to be in the drive-up window inventory. Carr moved to approve with the attached Conditions and the above change in wording and also screen the equipment on top of the building. Medinger seconded the motion and it carried unanimously. ADJOURNMENT The meeting was adjourned at 11:45 p.m. ASHLAND PLANNING COMMISSION - 16 REGULAR MEETING MINUTES APRIL 13,1993 ASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES APRIL 13, 1993 CALL TO ORDER The meeting was called to order by Jen fer Carr. Powell and Armitage were also present. Staff present were Molnar and Yates. APPROVAL OF MINUTES AND FINDINGS The Minutes and Findings of the March 9, 1993 meeting were approved. TYPE II PUBLIC HEARINGS PLANNING ACTION 93-033 REQUEST FOR A FRONT YARD SETBACK VARIANCE TO ALLOW FOR CONSTRUCTION OF A NEW GARAGE 12 FEET FROM THE FRONT PROPERTY LINE RATHER THAN 20 FEET AS REQUIRED BY ORDINANCE. VARIANCE REQUESTED FOR THE PROPERTY LOCATED AT 264 GRANT STREET. REQUEST WAS PREVIOUSLY APPROVED BUT APPROVAL HAS EXPIRED. APPLICANT: EARL AND JILL MCGONIGAL Site visits were made by all. STAFF REPORT Molnar noted this application was previously approved in 1991, but that approval had expired. The garage is two-story but will appear only one-story because the garage portion will be below ground and the studio above. The right-of-way for Grant Street is 60 feet. The distance from the curb to where the property begins is 12 feet. Because of the slope of the property, the further back the garage is placed, the more cut and fill would be required and the longer the driveway. The garage would obstruct the neighbor's view more by building the garage further back. The first approval was a case of the applicants and neighbors getting together to see what they.would like, but since that first approval, the property owners have changed. PUBLIC HEARING No one came forth to speak. .COMMISSIONERS DISCUSSION AND MOTION Armitage is concerned that this time around, there is a neighbor who is in conflict over this Variance. In measuring the criteria for approval, he does not consider the 60 foot right-of-way unique,or unusual circumstances. Have there been other Variances granted on this street that are similar? If the applicants were here, maybe a compromise could be reached. Powell mentioned that the applicant can build the garage anyway and without excavating which would cause it to obstruct the neighbor's view much more than building the way they have requested. Armitage felt that since no one was at this hearing to speak, he would like to give them another opportunity and would like to continue the hearing. Powell is still convinced it is far better to grant the Variance than not. Carr felt the unique and unusual circumstances were the numerous boulders on the property and perhaps it would be difficult to build in the buildable area. She also thought that because of the slope and length of the driveway, it would greater enhance the property to grant the Variance. The view would be better maintained by granting the Variance. Powell moved to approve, Carr seconded and Armitage voted "no". PLANNING ACTION 93-051 REQUEST FOR A CHANGE OF CONDITION TO NOT REQUIRE PAVING OF THE ALLEY FOR A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT, SITE REVIEW AND VARIANCE FOR THE PROPERTY AT 671 SISKIYOU BOULEVARD. APPLICANT: NANCY GOLDEN/GREGORY FREEMAN STAFF REPORT Molnar gave a brief history of this application. There is a new property owner and he had gone ahead with the work required to bring the buildings into compliance with new code requirements. He has requested one of the requirements be deleted or deferred altogether and that is, paving of the alley. Many people use the alley for walking. Children use the alley. Many neighbors support the deferment. Also, the Alley Committee is still reviewing alleys in this area. Staff feels little will be gained by paving this short segment of the alley. It would be better to pave it all at once. The character of an unpaved alley seems to encourage slower driving speeds._ Staff recommends attaching a Condition that the applicant sign in favor of future improvements of the alley. That Condition would void Condition 3 of 93-008. ASHLAND PLANNING COMMISSION 2 HEARINGS BOARD MINUTES APRIL 13,1993 Site Visits and Ex Parte Contacts Powell had no site visit this time, but has viewed the property before. Armitage had no site visit. Carr went down the alley. PUBLIC HEARING DAVID FREEMAN said the paving issue came up when everything was being brought up to code. All the neighbors were angry with what had taken place previously. In order to have a peaceful relationship with his neighbors, Freeman asked input on everything he has done so far. Several neighbors had grave concerns about safety in the alley as she has small children. He is willing to sign in favor of paving. COMMISSIONERS DISCUSSIOKAND MOTION Powell moved to approve Planning Action 93-051 with the Condition that the applicant sign in favor of paving the alley. That would delete Condition 3 in the January 12, 1993 Findings. Carr seconded the motion and it carried unanimously. TYPE I PLANNING ACTIONS PLANNING ACTION 93-046 REQUEST FOR A MINOR LAND PARTITION TO DIVIDE A PARCEL INTO TWO LOTS LOCATED AT 70 WATER STREET. APPLICANT: ROBERT AND ANN CLOUSE This action was approved. PLANNING ACTION 93-047 REQUEST FOR A MINOR LAND PARTITION TO DIVIDE A PARCEL LOCATED AT 438 N. MAIN STREET INTO TO TWO LOTS WITH THE REAR PARCEL ACCESSING FROM LORI LANE. APPLICANT: JOHN AND CHERYL COLWELL This action was approved. PLANNING ACTION 93-048 REQUEST FOR A CONDITIONAL USE PERMIT TO CONVERT THE STRUCTURE AT THE REAR OF THE PROPERTY AT 119 THIRD STREET INTO AN OFFICE AND THE RECONSTRUCTION OF THE GARAGE ON THE EXISTING HOUSE. APPLICANT: BRAD ROUPP ASHLAND PLANNING COMMISSION - S HEARINGS BOARD MINUTES APRIL 13,1993 This action was approved. PLANNING ACTION 93-049 REQUEST FOR AN EXTENSION OF A PREVIOUSLY APPROVED SITE REVIEW FOR A 57-UNIT APARTMENT COMPLEX TO BE LOCATED AT 2225 SISKIYOU BOULEVARD. PREVIOUS EXTENSIONS HAVE BEEN GRANTED FOR THIS APPLICATION. APPLICANT: LANCE WASSERMAN Carr moved to call this action up for a public hearing. Because of the size of this project, it seemed best to review this proposal. The motion carried unanimously. PLANNING ACTION 93-057 REQUEST TO TRANSFER THE APPLICANT OF THE MARKETPLACE ON CALLE GUANAJUATO TO THE ASHLAND PARKS COMMISSION. COMMISSION TO BE THE RESPONSIBLE PARTY FOR OPERATION OF THE SEASONAL MARKETPLACE. APPLICANT: ASHLAND PARKS COMMISSION/KEN MICKELSEN, DIRECTOR This action was approved. ADJOURNMENT The meeting was adjourned at 3:00 p.m. ASHLAND PLANNING COMMISSION _ 4 HEARINGS BOARD MINUTES APRIL 13,1993 On Tuesday, April 27, 1993 at 7:30 pm, the Ashland Planning Commission gathered for a retreat at the Ashland Council Chambers. At the retreat, the Commissioners discussed personal interactions among the Commissioners, as well as issues regarding their conduct and style during public hearings. The discussion was facilitated by Mr. David Schieber, a local mediator. The Commissioners discussed that the public meeting and hearing process did not allow them an opportunity to interact with each other at a personal level, and that there was a need for a regular schedule of "team building" retreats. Members Present: Barbara Jarvis Jenifer Carr Michael Bingham Hal Cloer Larry Medinger Susan Powell Steve Armitage Don Laws, Coucil Liason to the Planning Commission John McLaughlin, Planning Director Bill Molnar, Associate Planner ^ � 05/11/19q3 COMMUNITY SERVICE VOLUNTEERS SUNIMARY MONTHLY REPORT ` FOR APRIL, 1993 ^ VOLUNTEER ACTIVITY 3S NUMBER DAYS HOURS WORKED WORKED *� HARP RETIRED EXECUTIVE ** Subtotal �* 5 35 ^ $* ADULT LEARNING CENTER ** Subtotal ** 11 18 ** BLIND READING ** Subtotal *$ 8 22 ** BLOCK HOME PROGRAM ** Subtotal ** 15 30 ** BLOOD PRESSURE CLINIC ** Subtotal ** 2 6 ** CALLA RIDE (RSVP) ' *� Subtotal ** 5 10 ** CAR WASH ** Subtotal ** ^ 4 8 ** CHAMBER OF COMMERCE * ** Subtotal ** 5 20 ** COMPUTER ENTRY ** Subtotal ** � 22 102 ** COURT OFFICE ' *$ Subtotal ** 21 106 ** CRIME PREVENTION ** Subtotal ** ` 3 8 Z ** CV3 OFFICE ** Subtotal ** 21 71 05/11/1993 COMMUNITY SERVICE VOLUNTEERS SUMMARY MONTHLY REPORT ' FOR APRIL, 1993 VOLUNTEER ACTIVITY 3S NUMBER DAYS HOURS WORKED WORKED ** DA COURIER ** Subtotal �* ^ 13 27 ** EXERCISE COORDINATOR ** Subtotal ** 3 7 ** FOOD BANK ' ** Subtotal ** 2 4 ** FORENSIC LAB ** Subtotal ** 4 13 ** LIBRARY, PUBLIC ** Subtotal *� 11 42 ** LOAVES AND FISHES ** Subtotal ** 88 256 ** MAIL COURIER ** Subtotal *� ^ 55 207 ** OMBUDSMAN ** Subtotal $� 8 16 ** PUBLIC SCHOOLS ** Subtotal ** 14 30 ** QUILTING ** Subtotal �* 4 12 ** RECYCLE ACTIVITIES ** Subtotal *$ 7 24 / ' ** SENIOR PROGRAM OFFICE ** Subtotal ** 23 90 " ~ 05/11/1993 COMMUNITY SERVICE VOLUNTEERS SUMMARY MONTHLY REPORT ^ FOR APRIL, 1993 ^ ^ VOLUNTEER ACTIVITY SS NUMIER DAYS HOURS WORKED WORKED ** SHAKESPEAREAN FESTIVAL ** Subtotal ** 4 12 ** SHOPPER (NURSING HOME) ** Subtotal ** 6 12 - ** STATISTICS/ANALYSIS ** Subtotal ** 7 15 *0 TAT ASSISTANCE ** Subtbtal ** 30 88 ** VACATION HOUSE PATROL *� Subtotal ** 17 43 *** Total *** 418 1234 ' , / / ' Monthly Building Activity Report: 03/93 Page 1 # Units Value SINGLE/MULTI-FAMILY & TOURIST ACCOMODATIONS: Building: ACCESSORY RESIDENCE 1 34, 919 ADDENDUM TO 9206020 2, 000 ADDITION 17, 000 CHIMNEY 800 DEMOLISH SHED 0 DRAINAGE_ CHANNEL 400 DUPLEX 1 153, 633 EXCAVATION 150 FENCE 3,720 FOUNDATION REPAIR 750 GARAGE 5,840 GARAGE AND APT 1 52, 000 MOBILE HOME INSTALLATION 6, 000 POOL 9,450 REMODEL 23,803 REMODEL & ADDITION 291, 000 RETAINING WALL 2, 000 REVISION TO ADDITION 1,000 SFR 4 400,547 SPECIAL INSPECTION 0 TOWNHOUSE 6 450, 000 Subtotal: $ 1,455, 012 Electrical: 1 BRANCH CIRCUIT 300 1 BRANCH CIRCUIT 695 AIR CONDITIONER 250 ELECTRIC 3 , 350 SERVICE 560 SERVICE + 3 BRANCH CIRC 1, 000 SERVICE CHANGE 1, 150 TEMP POWER 300 Subtotal: $ 7,605 Mechanical: A/C & GAS PIPING 1 2,751 FIRE LOG 600 FIREPLACE/FLUE 1 750 Monthly Building Activity Report: 03/93 Page 2 # Units Value SINGLE/MULTI-FAMILY & TOURIST ACCOMODATIONS: Mechanical: GAS FURNACE, VENT, PIPING 1 2,391 GAS LINE & DRYER 1 100 GAS LINE & RANGE 1 550 GAS LINE & VENT FOR DRYER 1 506 GAS RANGE & FURNACE 1 350 GAS STOVE 1 2,495 GFAU VENT 1 2 ,500 GFAU/AC/WATER HEATER 1 4,180 MECHANICAL 2,800 WATER HEATER 1 250 Subtotal: $ 20,223 Plumbing: AUTO SPRINKLER + 1 CIRC 6,000 INTERIOR SPRINKLER SYSTEM 3,200 IRRIGATION 150 SEWER LINE 4,200 WATER HEATER 250 Subtotal: $ 13 ,800 ***Total: $ 1, 496,640 COMMERCIAL: Building: ADDENDUM TO #9208110 0 ADDITION 125,000 CONVERT STORAGE TO OFFICE 3 ,500 COTTAGES 2 95,000 FENCE 4,800 LAUNDROMAT RENOVATION 20,000 NW MUSEUM OF NAT HISTORY 3 ,500,000 RECYCLING CENTER 4, 000 REMODEL 8,000 RESTROOMS _ 45,000 SNACK BAR 10,000 Subtotal: $ 3 ,815,300 Electrical: 1 BRANCH CIRCUIT 485 Monthly Building Activity Report: 03/93 Page 3 # Units Value COMMERCIAL: Electrical: 10 BRANCH CIRCUITS 0 2 BRANCH CIRCUIT 500 5 BRANCH CIRCUITS 4, 500 ALTERATION TO METER 500 BALLASTS 1,200 CHANGE BALLASTS 1,800 RESTROOM/HUNTER PARK 1, 000 SERVICE 300 TEMP POLE - OVERHEAD 137 TEMP POLE - UNDERGROUND 137 Subtotal: $ 10, 559 Plumbing: 1 FLOOR SINK 400 3 WATER HEATERS 4, 000 Subtotal: $ 4,400 ***Total: $ 3 ,830,259 ---------------------------------------------------------------- ---------------------------------------------------------------- Total this month: 105 $ 5, 326,899 Total this month last year: 83 $ 1, 641, 409 Total year to date: 870 $16, 255,496 Total last year: 842 $21,775,850 This month This month This year last year Total Fees: 42,856 20,324 191, 301 Total Inspections: 547 547 4483 NEW CONSTRUCTION: 3/93 • RESIDENTIAL PAGE NO. 1 05/07/93 ADDRESS #UNITS CONTRACTOR VALUATION ** ACCESSORY RESIDENCE 386 LAUREL ST N OWNER 34919 . 00 ** Subtotal ** 34919. 00 ** DUPLEX 54 MOUNTAIN AV N BLACK AND ROSS HOMES 153633 . 00 ** Subtotal ** 153633 . 00 ** GARAGE 234 VISTA ST DAVIS & DOWNEY 5840. 00 CONSTRUCTION INC ** Subtotal ** 5840. 00 ** GARAGE AND APT 726 IOWA ST TRINITY BUILDING & DESIGN 52000. 00 ** Subtotal ** 52000. 00 ** SFR 178 NEVADA ST E DENN, LARRY - 75363 . 00 CONSTRUCTION 892 WEISSENBACK WY TONEY, JERRY COAST. INC. 150000.00 50 MALLARD ST MEDINGER CONST. CO. INC. 88197. 65 1245 KIRK LN OWNER 86987. 00 ** Subtotal ** 400547. 65 ** TOWNHOUSE 119 HERSEY ST E PACIFIC-WEST COAST 75000. 00 CONSTRUCTION 121 HERSEY ST E PACIFIC-WEST COAST 75000. 00 CONSTRUCTION 123 HERSEY ST E PACIFIC-WEST COAST 75000.00 CONSTRUCTION 125 HERSEY ST E PACIFIC-WEST COAST 75000.00 CONSTRUCTION 127 HERSEY ST E PACIFIC-WEST COAST 75000. 00 CONSTRUCTION 129 HERSEY ST E PACIFIC-WEST COAST 75000.00 CONSTRUCTION ** Subtotal ** 450000. 00 *** Total *** 1096939. 65 NEW CONSTRUCTION: 3/93 COMMERCIAL PAGE NO. 1 - 05/07/93 ADDRESS #UNITS CONTRACTOR VALUATION ** COTTAGES 35 SECOND ST N 2 NORTH PACIFIC 95000. 00 CONSTRUCTION CO ** Subtotal ** 95000. 00 ** RECYCLING CENTER 220 WATER ST OWNER 4000. 00 ** Subtotal ** 4000. 00 ** RESTROOMS 0 HUNTER CT CITY OF ASHLAND 45000.00 ** Subtotal ** 45000. 00 *** Total *** 144000. 00 QmoraitAum ' p4E6p�.• L May 7 , 1993 V1 0. Mayor and City Council ram: Steven M. Hall, Director of Public Works - Monthly Reports Enclosed are the monthly reports for the Public Works' department for the month of April, 1993 . SME rtnxPN1MORYr... Enclosures ENGINEERING DIVISION MONTHLY REPORT FOR APRIL 1993 1. Issued 28 Street and Alley Excavation Permits 2. Issued 5 miscellaneous construction permits 3. Issued 1 Address Change or Assignment form 4. Responded to 5 Certificate of Occupancy reviews 5. Performed field and office checks on 4 partition plats 6. Performed a post monumentation check on one subdivision plat 7. Applied for and acquired 2 state highway and one Jackson County excavation permits 8. Provided information for the Hosler Dam safety inspection 9. Attended emergency action plan demonstration in Eugene 10. Performed the following work on the Henry Street Storm Drain: a. . acquired and researched deeds and other documentation pertaining to boundary locations b. surveyed and located rights of way C. prepared map of project d. prepared description of easement to be acquired from SOSC e. computed grades for storm drain construction 11. Performed the following work on Assessment District No. 65: a. revised Assessment District costs on Tolman Creek Road and mailed new list to property owners b. prepared written report for Council C. presented Assessment District at Council meeting 12. Revised estimate and petition for,the proposed Strawberry.Lane Sewer L.I.D. 13. Continued work of digitizing tax lot maps into computer 14. Received computer tax maps from consultant and entered into system 15. Performed the following work on the Digester Repair Project: a. prepared progress.payment Staff Report for April 1993 4 May 1993 Page 2 t b. prepared written response to GTE Metal Erector's request for extra charges C. discussed extra charges with engineers 16. Acquired contract for the engineering for the Mountain Avenue Sanitary Sewer L.I.D. 17. Performed the following work on the Miscellaneous Concrete Construction Project: a. inspected work performed by contractor b. measured quantities and computed amounts for progress payment no. 3 C. arranged for the replacement of a portion of damaged sprinkler system d. sent "punch list" of items to be completed 18. Performed the following work on the NW Area Pump Station and Reservoir: a. inspected work performed by contractor b. approved contract change order no. 1 C. reviewed progress payment quantities 19. Performed the following work on the Tolman Creek Signal Project: - a. attended state highway inspection b. inspected work performed by contractor C. processed progress payment no. 3 20. Began topography survey of the Railroad Village Subdivision for the improvement L.I.D. 21. Prepared right of way map for improvements on Railroad Village Subdivision 22. Began formation of the Oak-Pioneer L.I.D. including: a. met with developers to discuss project b. prepared preliminary plans for work C. began preparation of cost estimate 23. Met with attorneys and Mark Cooper regarding Lithia Park Village development 1H0:rs\smffrpt.apr ~ City of Ashland Street Division March 1993 Report ^ --� SWEEP-` Swept 415 miles. Collected 235 yards of debris. ------ � Respundod to 96 utility location requW�sts. Back-filled driveways ao J h a di cap ramps o � l r^ S if) wit -' ' new curb and gutter. Also filled in front of new curb and gutter with slurry" Patched pot holes end sunken services, --- Graded numerous streets and alleys. Began preparing the Plaza for re-sufuciog . This project will consumc the majority of our timo until it is compleL�-d . SIGNS; Installed "DRUG FREE ZONE^' signs at the Middle Schnol in cooj uric tinn ^ ' with their ceremooy. Replaced the street sign on Helman at Nn, Main . Installed "DO NOT ENTER" sign or, the Placu on the naw island . - Dug holes for 3 signs on iithia Way and 5 signs in the Winburn Way _ parking lot. lostalled ''YlEiD'/ signs off Quincy at California. - Ke-set 2hr. parking sign no Lithia Way at the Exxon statipo . Re-mountrd street signs on stop sign posts at suvcral locations nn No. Maio aod oil Siskiyou BlvJ , : Shen"ao , Glenn, GramL, H�rrison/ Mort-of-1 , Liberty and Liihia Way at 3rd . . ' Re-set "YIELD" sign on Morton at Pennsylvania. Re-set street sign at Glenview and the Loop Rd . . , --- Re-set the "RESTR[]OM^ s.igo -it Lithia purt eoLrance. RcpluceJ street and historical :,i9ns on Harri�_oo at Siskiyou- Repaired street sjgos on ' C' SL. at 4th, 5th, and 6th. . Repaired perking sign in Lithia rark . Removed graffiti from Keep Right sign oo the Plaza. Re-set street sign on Gresham at HarVadine. Changed 2hr parkiog to 111/ jo the 1st 2 stalls in front of City Hal I . Changed the limited parking to 10 P.M. in front of Rexall . STORM DRAINS: Cleaned off catch basins. . Flushed and/or rodded several storm drain systems. Poured catch ha-in on Faith ut Wioe. Poured catch basin on the sovth side of ' A' St. between 1st and 2nd . . Formv/d for ozw curb behind catch basin in coojunction with the storm druio proiect . Grouted and slurried 2 ncw un Faith. Slurried around oew catch basin off the oorth side 01' ' A' St . . Put-holed for new man-hole at the Tolmao Cr. park . Completed tie-in of 13 in . line an Faith at Siskiyou^ Used lR yards of -- s11_trry as primary burt-fill . Installed a 80 fL^ french draio bohind Lhe curb nn the east side of �FaiLh above Wiot:. Formed fur oew cvrb aoU gutter un Faith - t Siskiyou in cn^Juoction with the Uruio pruject. t 6th J C SL S�w-cut for ii'ture cross~over � uo �. ^ ^ ' WATER QUALITY MONTHLY REPORT ! APRIL, 1993 WATER: Repaired 3 leaks in City owned water mains. Repaired 15 leaks in customer service and or meter. Repaired 2 Lithia leaks. Changed out 4 water meters. Installed 14 new water meters with hand valves. Installed 3 customer hand valves. Raised fire hydrant to grade with a riser. Installed 2 fire line taps. Replaced leaking water service on Hargadine. Replaced 2 leaking curbs and installed hand valves. Installed 14 3/4" water services. Repaired both handicap drinking fountains downtown. Raised manhole to grade on PRV vault at Tolman. Tied in new 12" main line on East Main. Closed flood gates at Hosler Dam. Repaired flash mixer at Water Treatment Plant. Installed new sludge pump platform at Plant. Cleaned entire TID ditch. Cleaned around all water reservoirs. SEWER: Tied in new sewer main in on Rock Street. Installed 5 new 4" sewer laterals. Repaired 4 sewers. Responded to 3 service calls. Jet rodded 9649' of City sewer mains using 26000 gallons of 'water. Mechanical rodded 11564 feet of City sewer mains. MISCELLANEOUS: There were 125 requests for Utility locates. There was 65. 19 million gallons of water treated at the Water Treatment Plant and 56 . 90 million gallons of water treated at the Waste Water Treatment Plant. , Used 40 yards of 3/4" minus rock at various jobsites. � ^ ---' City of Ashluod Fleet Maintenance --'-- - April 1.997 Repurt - 2. 5 ~ecka/`ics cumplcieJ work on 140 work ordars for various types of city equipment and vehicles.The divisions and, departments involved qre as follows: Administration . x - Ai, port.' {) Building : 1 - - Cemetery; 16 . CaumuniLy Service Volunteer 0 Electric -. 25 / Energy: 0 ^ Engineering ; 2 Fire: 9 —`-- ' Pulice� 19 - P.W. M . 1 Senior Van : 0 Shop: /f --' Street: 34 Warehouse : 5 -- Waste-Water 5 - Water: 19 , The emergency geoerators .at City Hall and the Civic Center were -- manually tested weekly . T and M certificates issued for the month: No l & H' s for the month of Py/ il . � ^ � ° ` . � MISC. � b | Cleaned and returned rented uc �-hoe Hessel tractor Medford . ^'Ca`ped 6 in. cluao-uot on Tolman at ' 66' . ~- r Gave de.00ns ra o//L ti on how we make signs to students from Walker School . Removed concrete and signs from sign old sign posts. '~-- � ^ Cleaned and rcudieJ tack coat trailor. ` Piched up 220 gals, of tact coat from LTM. Clea//aed up St. yard . Hauled the dozer to the asphalt re-cycle pit and pushed op pilz. Patched a broken storm drain at the Re-cycle yard . . Attached no Parking signs to barricades for the Plaza project" _ Prepared the Bob-Cat for yrioUio9 projuct on the Plaza. Cut and stvred new sigh yonis. Began cleaning U.e sidw-w^lk an W/., Main from G,a^ita SL, tu Schofield. Stripped the rest of the snow equipment. Patched. treo/has at the Ru-cycle yard . Loaded toilets into du.vpster at the / B' St. yard . Pushed up the concrete pit. Pushed up swecper pilc. Slurried the sink hole on Henry Si. . Saw-cut and r^movad approx . 100 ft , of curb for re-placemnot on the Plaza, Started "dressing" up the granite pit. Hauled of[ rocks from the Re-cycle Yard - Picked up 3 wood stoves for the Conservation Dept. . Began taking location ties an future re-surfacu strwet5. ' Conducted 2 tours for Y^M,C.A, pre-schoolers. Cut brush for grader an Fork , Ridge and Glenview. Removed graffiti from parking sign at Hargadine parking lqL^ Returned 20 rented barricades to Ashland Rental - Removed a tree from Ashland Cr. at Van Wis. Reaoved a tree from Siskiyou aL mountain . Cleaned up, equipment and facilities on a weekly bisis. Held monthly safety. meeLiog - Our special guest this month: Mr. Paul Nolte, City Attoroey. v � � ' ` ` � ' �IS�C�XC� �QIttE �E��XX�1I�PYC� pAp or • y�� 9Q 1175 E. MAIN ST. ASHLAND, OREGON 97520 Phone(503) 482-5211 0M 4RTME t ,1- . May 4, 1993 GARY E. BROWN Chief of Police TO: Mayor and Council FROM: Gary E. Brown, Chief of Police SUBJECT: Liquor License Application Application has been received from DAVID GERTEN AND MICHAEL LEE, dba/ THE SANDPIPER for a LIQUOR license, for an ESTABLISHMENT located at 139 EAST MAIN STREET. A background investigation has been completed on the applicant and approval of this application is recommended. i w GARY E ROWN CHIEF F POLICE MC:kmh STATE OF OREGON Return To: APPLICATION OREGON LIQUOR CONTROL COMMISSION GENERAL INFORMATION A nonrefundable processing fee is assessed when you submit this completed form to the Commission(except for Druggist and Health Care Facility - Licenses).The filing of this application does not commit the Commission to the granting of the license for which you are applying nor does it permit you to operate the business named below. (THIS SPACE IS FOR OLCC OFFICE USE) (MIS SPACE IS FOR CITY OR COUNTY USE) Application Is being made for: NOTICE TO CITIES ANDCOUNTIES:Do not consider this applica- P<DISPENSER, CLASS A ❑ Add Partner lion unless it has been stamped and signed at the left by an OLOC ❑ DISPENSER, CLASS 8 ❑ Additional Privilege representative. ❑ DISPENSER, CLASS C ❑ Change Location ❑ PACKAGE STORE Change Ownership THE CITY COUNCIL, COUNTY COMMISSION, OR COUNTY ❑ RESTAURANT ❑ Change of Privilege COURT OF ❑ RETAIL MALT BEVERAGE ❑ Greater Privilege (Name of City or County). ❑ SEASONAL DISPENSER ❑ Lesser Privilege ❑ WHOLESALE MALT El New Outlet RECOMMENDS THAT THIS LICENSE BE: GRANTED BEVERAGE&WINE ❑ Other DENIED ❑ WINERY OTHER DATE BY (Siprutum) 77 TITLE CAUTION: If your operation of this business depends on your receiving a liquor license,OLCC Cautions you not to purchase,remodel,or start construction until your license is granted. 1. Name of Corporation. Partnership, or Individual Applicants: ;> ( D disc-s� %/✓G 2) 3) 4) 6) (EACH PEri5014 USTEO ABOVE MUST FILE AN INDIV DUAL HISTORY AND A FINANCIAL STATEMENT) ' 2.'Present Trade Name L=i-lr+..� kFy�L� /5��,.e.{./-,' 3. New Trade Name 511M 21'6r=L n /��. Yearfiled /39 ��/-i � �G.�.(�D /7{iKSC,n/ �N erpor.tbn zsr2l lunar 4. Premises address "-�-"I CJ2 �fZ11Z0 plwneer.sirrasnt R.W Rout. IGMy�� ( m) (Sub) ON S. Business mailing address/ 3/ Lam• ZW/AI �� `1LA4IV/7 �/4ff&S15KJ OP— 4p%��o , (P.O.aox.Number,Strwt.Runt Rohe) (Gty) (State) - (Tjp) 6. Was premises previously licensed by OLCC? Yes No_ Year ^�I nn T 7. If yes,to whom: ic'wl Y{- lE��'/'Ltn, ,�L�L%' - p ' Type of S. Will you haves manager: Yesx_ No_ Name (M.uff)w mutt All out IndiAduol History) . 9. Will anyone else not signi^Q�this application share in the ownership or receive a percentage of profits or bonus from the business? Yes— Nor 10. What is the local governing body where your premises is located? g3hrii.�of City or County) 11. OLCC representative making investigation may contact:— 15(0 AQA (Add SO3o7 . ) :AUTION: The Administrator of the Oregon Liquor Control Commission must be notified if you are contacted by anybody offering to influence the Commission on your behalf./I AT Applicant(s) Signature 1) GO/�,(.( (In ca»of corporatlon,duly authorized officer theri 2) . 3) 4) 6) Liairul- .00l G..mmtnt 6) mm U5454M .OF AS&Z. m v a n A Ey m GREG", 1. May 6, 1993 K+11: City Council Members r ram: Mayor Catherine Golden 1I�IjECf: Commission Appointments Allen Sandler recently resigned from his position on the Cable Access Commission.. I would like to appoint Hap Freund (resume' attached) to that term expiring June 30, 1995. Confirmation of this appointment would be appreciated. Ads were recently published for open positions on this Commission. Attachment (1) (dAgoIdwkcm=u Ac=ssWpnwio) HENRY L. FREUND 903 Pinecrest Terrace Ashland, Oregon 97520 (503) 488-1903 SUMMARY OF QUALIFICATIONS analytical, creative and problem solving skills; excellent written/oral communications ability; effective catalyst, advocate, administrator, manager, organizer and grantwriter; sense of humor. PROFESSIONAL EXPERIENCE February, 1985 - September, 1988 Cable TV Project Director, Honolulu City Council, Honolulu, Hawaii Designed, implemented and evaluated pilot municipal cable project as consultant to Honolulu City Council; Employed on contract to City Council to produce weekly programs on continuing basis; Responsible for programming decisions, budget, personnel and equipment; publicity; development of appropriate policies and procedures; reports and evaluations. Developed and implemented live, phone-in, interactive public hearing . (1985 - 1988) Consultant to Department of Education. State of Hawaii Analyzed Mainland experiences with educational access cable television, and made recommendations appropriate for State of Hawaii; also summarized ,relevant legislation at state and national levels (1987). Executive Producer and Chair of Steering Committee. Human Services Television Network (HSTV) Conceptualized, initiated and supervised HSTV Project; served as Executive Producer for 19 half hour documentaries, many which won national awards; successfully raised, budgeted, and supervised all grant funds for these programs; initiated video training project for community; hired and supervised producers and directors; coordinated volunteers; script consultant; publicist; organizer. (Executive Producer, 1982-1986; Chair of Steering Committee, 1982 -1987). Co-writer/Producer for five 30 second Public Service Announcements for commercial television and 3 radio spots for Native Hawaiian Library Project (1986-1988); Producer/Director, educational documentary, "Tough Talk About Crime"; funded by Honolulu Prosecutor's Office (1986); University of Hawaii. Department of Political Science; taught course in Politics of Media (1986) Assistant Producer "Gift to My Children, A Molokai Family", documentary for KHON-TV (NBC affiliate) (1985); Marketing and Distribution of "Gift To My Children" (video cassettes, PBS, educational, national, and international sales); Miscellaneous Cabl TV-Related Activities Organized cable TV community producers and lobbied on behalf of policy, legislation, and re-franchising issues. Extensive volunteer work (program design, staffing, budget, funding, scripts) with numerous community organizations. Various technical tasks on video programs (audio, camera, grip, character generator, directing, etc.) (1982 - 1988); February, 1981 - Executive Assistant January, 1985- Office of Human Resources City and County of Honolulu Directed Special Projects Division. Supervised staff, projects and budgets related to Federal programs and Mayor's Committees. Implemented new programs and conducted special studies. Developed policies, position papers, speeches, and community participation activities. Directed planning of island-wide conferences. Created and supervised Human Services Television Network (HSTV) (see description on prior page). September, 1978 - Director, Community Affairs August, 1980 Ventura-Santa Barbara Health Systems Agency Ventura, California Developed consumer information about health planning issues. Initiated and coordinated conferences, forums, public hearings. Analyzed legislation. Produced newsletter, annual reports, grant applications, media releases, educational and training materials, policies. Member and adviser of Consumer Health Catalogue Committee, California State Department of Consumer Affairs. Consultant to Western Center for Health Planning, San Francisco; analyzed new Federal health planning laws, wrote technical assistance memos, advised about consumer involvement. September, 1973- Faculty, Law May, 1978 The Evergreen State College Olympia, Washington Designed and taught interdisciplinary courses to undergraduates which combined academic requirements with community projects. Established and managed Self Help Legal Clinic. June, 1971 - Attorney, Partner, Law Firm June, 1973 Liberman, Baron; Goldstein and Freund St. Louis, Missouri Criminal law, consumer and housing rights issues; special expertise in legal issues related to lead paint poisoning of children. September, 1969 - Staff Attorney June, 1971 The Legal Aid Society of St. Louis St. Louis, Missouri Advised, represented and organized clients in legal matters related to housing rights. Produced and moderated weekly radio program on legal issues for client community. March, 1969 - Real Estate Developer September, 1969 The Sachar Corporation St. Louis, Missouri Coordinated development and promotion of 200 unit apartment complex. EDUCATION J.D., Washington University School of Law, St. Louis, Missouri, 1968. Member of Missouri and Washington State Bars, Federal, Appellate and U.S. Supreme Court. A.B., Duke University, Durham, North Carolina, 1965. ADDITIONAL INFORMATION Board Member, Vice-Chair, and Chair, Honolulu Community Action Program (1982-85). Board Member, Executive Committee, Neighborhood Justice Center of Honolulu (1982-85). Ex-Officio Member, Mayor's Committee on Culture and the Arts (1982-85). Member, State Cable Television Advisory Board (1985- 1988). Member, Mayor's Committee On Municipal Cable Television (1987). Vice-President, The Inside Scoop, Inc., Seattle (1982 - Present). AWARDS Executive Producer of Human Services Television Network (HSTV) which won following awards: -ACE Awards. National Cable Television Association• First Place, Excellence In a Dramatic Program, 1986 ("Never Too Late To Learn"); First Place, Excellence In a Dramatic Program, 1985 ("Break The Silence"); Finalist, Outstanding Documentary Series, 1984; -National Federation of Local Cable Prnnramm rs (NF CP)• First Place, Doocumentary, 1988 ("Signs of Life"); First Place, Informational programming, 1986 ("Alone Together"); First Place, Programming For Youth, 1985 ("Responsible Parties); Finalist, Outstanding Documentary Series, 1985; Finalist, Innovative Programming, 1985 ("Who Cares For Hawaii's Children?"); First Place, Sports Category, 1984 ("Honolulu Wheelchair Marathon"); Finalist, Documentary Category, 1984 ("Street People"); -Broadcast Media Award Broadcast Media Conference, San Francisco, only non-commercial cable program to win in 1985 ("It's Up To Me: Teen Pregnancy In Hawaii") and in 1984 ("Honolulu Wheelchair Marathon"); -The Hawaii International Film Festival selected by jury for inclusion in 1986 (Maili Ohana, Bulding the Dream);1985 ("No Place Like Home"); and 1984 ("It's Up to Me: Teen Pregnancy In Hawaii); -Hawaii State Video Festival ("Video Free Haw "Best of Show" Award, 1984 ("The Honolulu Wheelchair Marathon") and documentary award, 1983 ("Street People"). Silver Monitor Award for Public Service Announcements produced on behalf of Native Hawaiian Library Project, International Television Association (ITVA) Hawaii, 1987. PUBLICATIONS "Government by TV: Today and Tomorrow", Hawaii Current- Vol I, # 3, Winter,1988, Honolulu, "Allegiance", (short story), The National Pastime. Winter, 1985, Cooperstown, N.Y. "HSTV--Success In Hawaii", Community Television Review, Spring, 1985, Washington, D.C. "The Hill Burton Law and Health Systems Agencies", University of P nn ylvania Health Law Bulletin, Philadelphia, Pa., 1980. Technical Assistance Memos, (on consumer issues) Western Center For Health Planning, San Francisco, Ca. 1979-80. u;F AS.V o Memorandum May 13 , 1993 �1. IWO• Brian Almquist, City Administrator Q. r Steven Hall, Public Works Director ram: "j1tApril Snow/Water Report �IjEtf. ACTION REQUESTED None, information for Council . REPORT This has been a great year for snowfall in the watershed! It has been a while since I furnished you with any information and I thought an update would give you something positive to dwell on. The average for snow depth is based on three sites in the Ashland Watershed. The information is compiled by the U. S. Forest Service. The USFS measures depth of snow and computes the amount of water the snow will produce. The figure of most importance to Ashland is how much water is available. BASED ON RECORDS FROM 1972 THROUGH 1993 MONTH 1993 AVERAGE RECORD DATE WATER WATER WATER OF CONTENT CONTENT CONTENT RECORD ffFEBRUARY . 0" 17 . 5" 36 . 7" 1974 . 3" 21. 9" 47 . 9" 1983 . 4" 27 . 0" 57 . 0" 1983 . 1" 24 . 6" 61 . 8" 1974 t April Snow/Water Report May 13 , 1993 page 2 Reeder Reservoir has been full and is overflowing. The remaining question in the water supply puzzle will be how much recharge has been made in the groundwater supply. After the snow melts, and the flows in Ashland Creek stabilize, that question can be reasonably answered. To put it rather mildly, I feel a lot more comfortable at this point in time than I did in 1992 ! SMH:=\Wat MprRpt.m= ' pREpp�,,' May 13, 1993 . tl1Q. Brian Almquist, City Administrator rum: Steven Hall, Public Works Director JJ , -- '�$ubjert Public Hearing-Wastewater Plant Facility Plan ACTION REQUESTED City Council set June 1, 1993 for a public hearing on the proposed facility plan for the wastewater treatment plant. INFORMATION Rob Winthrop and I have been working closely with our consultants for the wetlands options (Woodward-Clyde Consultants) and the traditional options (Brown and Caldwell Consulting Engineers). Several meetings and discussions have been held with DEQ staff. Two study sessions have been held with excellent allendance as the project has moved towards completion. The first study session dealt with general concepts and expected results in relation to constructed wetlands. The second study session gave an overview of options being considered by Woodward-Clyde Consultants. A conference telephone call was held with representatives of the Ashland Wetlands Coalition to deal with concerns raised by their membership. All left the meeting feeling that it was productive. The Ashland Wetlands Coalition asked to review the detailed costs when they are available. Rob and I have committed to provide them the material as soon as possible. If there are questions in relation to the estimates, another conference call will be arranged prior to the public hearing. Rob Winthrop and I have been reviewing the bits and pieces of the report as they have been completed. We anticipate having the first complete rough draft by Friday, May 20. We will review and comment back to the consultants so that the final draft report can be released for the Council and general public. Rob and I anticipate the report from Woodward-Clyde Consultants will provide the City Council with a range of options and costs that meet the adopted Council Goals for this project. SMH:nu\Scwer\W11nd1\N-bHf9.mea - y cc: John Davis, Woodward-Clyde Consultants John Holroyd, Brown and Caldwell Consulting Engineers encl.• Council Goals CITY OF ASHLAND WASTEWATER TREATMENT PLANT GOALS AND OBJECTIVES* M.,t dbyf City Council Ocfobe122, 1992 A wvi dl econfi m d Nwe.bei J, t992 GOALS ................. ................. ................. The Ashland City Council requires the Ashland Facilities Plan to: 1. Satisfy Oregon Department of Environmental Quality (DEQ) standards for effluent from the Ashland Wastewater Treatment Plant (WWTP); 2. Replace the volume of WWTP effluent removed from Bear Creek; 3. Support the natural ecology of Bear Creek; and 4. Minimize capital and operating costs of the WWTP. STATEMENT OF GENERAL INTENTION The Ashland City Council will give full consideration to the possible use of multiple objective open surface wetlands technology to assist in achieving the WWTP goals. MINIMUM OBJECTIVE The Ashland City Council will determine whether the use of expanded open surface wetlands technology, in conjunction with the Ashland Facilities Plan Alternative 3A, might produce effluent which could be delivered to the Talent Irrigation District (TID) in exchange for Bear Creek water during summer months, thereby. 1. Maintaining summer water flow levels in Bear Creek, and 2. eliminating the need to establish and maintain the effluent irrigation system proposed in Alternative 3A. ' ACT10N fTEN15' The City Council will take the following specific actions to facilitate the achievement of the WWTP Goals by: 1. Undertaking a program of public education which will encourage voluntary activities to reduce the level of phosphates introduced into the the WWTP; and 2. Promptly obtain and fund a study to determine the feasibility of using multiple objective open surface wetlands to achieve the WWTP Goals. CITY OF ASHLAND WASTEWATER TREATMENT PLANT GOALS AND OBJECTIVES* Aeopta by tl CO Cwmft Oclob 22. 1692 Revisetl/aconlirmatl November J, 1662 The Ashland City Council requires the Ashland Facilities Plan to: 1. Satisfy Oregon Department of gnvironmental Quality (DEQ) standards for effluent from the Ashland Wastewater Treatment Plant (WWTP); 2. Replace the volume of WWTP effluent removed from Bear Creek; 3. Support the natural ecology of Bear Creek; and 4. Minimize capital and operating costs of the WWTP. STA7EMElV7 OF GENERAL INTEtYTIQN; The Ashland City Council will give full consideration to the possible use of multiple objective open surface wetlands technology to assist in achieving the WWTP goals. N1INIMUM!JBJEC7N1 The Ashland City Council will determine whether the use of expanded open surface wetlands technology, in conjunction with the Ashland Facilities Plan Alternative 3A, might produce effluent which could be delivered to the Talent Irrigation District (TID) in exchange for Bear Creek water during summer months, thereby: 1. Maintaining summer water flow levels in Bear Creek, and 2. eliminating the need to establish and maintain the effluent irrigation system proposed in Alternative 3A. AC710NIITEM5 ................................... The City Council will take the following specific actions to facilitate the achievement of the WWTP Goals by: 1. Undertaking a program of public education which will encourage voluntary activities to reduce the level of phosphates introduced into the WWTP; and 2. Promptly obtain and fund a study to determine the feasibility of using multiple objective open surface wetlands to achieve the WWTP Goals. ORDINANCE NO. AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN MAP OF THE CITY OF ASHLAND, MODIFYING THE DESIGNATION OF PROPERTY AT 675 CAROL STREET FROM SINGLE FAMILY RESIDENTIAL TO OPEN SPACE. (Bill J. and Gloria P. Richey, Applicants) THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECITON 1. The Ashland Comprehensive Plan Map as adopted by Ordinance No. 2227 is amended by changing the designation of a portion of tax lot 39-1E-04CA-1400 (675 Carol Street), as indicated on attached Exhibit "A", from Single Family Residential to Open Space. The foregoing ordinance was first read on the day of , 1993 and duly PASSED and ADOPTED this day of 1993. Nan E. Franklin City Recorder SIGNED and APPROVED this _ day of , 1993. Catherine M. Golden - Mayor Approved as to form: Paul Nolte City Attorney 1 rw IIYII � �J O • � RC•, .� i, a VO , •n v�, • �. .Oq 4.•, O P �O � Y.. 1v„• K 1e. ;IV of Lx 0 80 .a ,u , VO •�RN i 3 -Ida p j N � � b �b• O N \� ��I' ••1 ,I Ak.• i • A: L � b y { —' - .... .• � Sp ” ' 8 Sy is p GR l 4y. s r, � O z > w W 1 � � � • I� tt�ti. CAfi)L STREET o co i c• t L is hereby given that a PUBLIC HEARING on _ die objection is based on alsopradudes your rigldo'appml to LUBA oneutcriterim, ollowing request with respect to the ASHLAND A copy ofthe applicstion,all documents and evidence relied upon bythe applicantand ND USE ORDINANCE will be held before the applicable criteria are available for utspeclion at no coat and will be provided at SHLAND PLANNING COMMISSION on the reasonable cost,ifrequWed.A copyofthestaffreport will be available for inspection sev dayspriorwdtchearingandwillbeprovidedatreasortablecos4ifrequeaed.All 13TH DAY OF APRIL, 1993 AT 7:00 P.M.atthe materials are available at the Ashland Planning Deputmenl,City Hall,20 East Main, ASHLAND CIVIC CENTER, 1 17S EAST MAIN Ashland,OR 97520. STREET, Ashland, Oregon. During the Public Having the Chair dull allow testimony from the applicant and . those in attendance concerning this request.The Chair dull have thetightto limit the length of testimony and require that comments be restricted to the applicable criteria The ordinance criteria applioableto this application are aeached to This notice.Oregon Iawslaus thalfailumto raise anobjectionconoeraingthis application,either in person If you have any questions or comments concerning this request•please feel free to or by letter,orfailure to provide sufficient specificity to afford the decision maker an contact Susan Yates at the Ashland Planning Department.City Hall,at 488-5305. Opportunity to respond to the issue,precludes your right of appeal to the Land Use Board of Appeals(LUBA)on that issue. Failumtospecifywhichordhmmaitaion `. • A V E. r 1004 009 1w.ar 1 � tt 1000�• 2 . �. t ' �.. 0 U; a : P i . 1006 4 i 2600 0 A K r 2 1005 y 1011 -. 4 IOp a 1007 Q ' '/)I♦� of It v V 4 I a t' r.e ' aa.a.• ^ 1006 ' J,O. / aY 02 •- J i C / A AVE. i a ve• s U 1202 4.s s 12x5 1204 .cR mol I wnnsy 13" S7. PROP05EP of , .ti y7 Idol .2f— P.FW OPGN ;PA—ee ' � .nK fP-I7J3+) P-rw•1a4z Ip-lar7e) ' 1401 1500 - � �• a' Fac��hr ' J 1 0 60 taI•r9) Imo ' /a JESSICA LANE SUBD/V/S/ON,aa�., n0 nos 1704. 1703CA "na._ — - r + life 1700CA C� TOH �1aa B�' _ " ,��•��tip' •1714' • i ITO ,i waaa uiu S)','• ' `- � -��-� •nlz t715 nlfi ; BLK2 '1706 1709 i^0! 17111, ° ;I 12 39 1E 4DC IVI PLANNING ACTION 93-058 is a request for Comprehensive Plan Map Change from Single Family Residential to Open Space for the 232 acres surrounding the 30 acre home site. Comprehensive Plan Designation: Single Family Residential: R-1-5-P; Assessor's Map #: 4CA; Tax Lot: 1400. APPLICANT: Bill & Gloria Richey "• OF 0.41j,` - � .. v ' � Errtor �tix �tixm A REOOt� .• May 14, 1993 II: Honorable Mayor and City Council rum: John McLaughlin, Planning Director p�lY�IjECt: Criteria for Open Space designation The Planning Commission reviewed the attached memo at their meeting of May 11, 1993, at which time they recommended approval of the approach outline in the memo. Essentially, this would require the applicant to address the criteria that are existing in the comprehensive plan as to how their property relates to the overall open space plan. The suggested criteria, as recommended by the Planning Commission are as follows: 1. -Lands that preserve wildlife habitat and fragile ecosystems, such as wooded areas, ravines, and wetlands. 2. •lands that preserve unique scenic features, such as wooded views from urbanized areas: 3. •Lands that contain potential recreational value for passive uses such as picnicking, walking,jogging,.hiking, bicycling, bird watching, or simply resting. 4. -Areas that contain potential for pathway and trail development and which connect with other existing trails. 5. -Areas that can be integrated with existing or proposed community parks. 6. -Areas that are interspersed with urban growth so that the open space_ lands are accessible to the greatest number of urban residents. z -Areas with productive farm and forest land. 8. -Areas that have outstanding visual or auditory solitude. 9. -Areas that preserve historic sites. The Council requested that the Commission consider additional criteria under which to review this application. Staff did not have the Commission specifically review their previous recommendation on the Richey request, due to the nature of the review, the lack of adopted criteria, and the time frame difficulties in re-noticing the request. However, with this recommendation, the Council may wish to consider these criteria in regards to making a finding for a Comprehensive Plan Map amendment as a "public need, supported by the Comprehensive Plan." Since these locational criteria are already included in the open space element of the plan, it would be appropriate for the Council to use them in their decision. In regards to the Richey application and the above suggested criteria, Staff believes that a case could be made that the proposed open space area could be found to meet 1 above. The land includes a pond and drainage area, both of which are wildlife habitat areas, and wetlands. It also addresses criterion 2, by providing a unique view of a pond and pasture area, unique in most urban environments. Concerning criterion 7, the land functions as productive pasture land, and could qualify under this as well. Criterion 6 refers to the interspersing of open space lands with urban growth, which this application tends to do. However, it also refers to the land being accessible to the greatest number of urban residents. There is no definition of "accessible", such as being accessible by pedestrians. The Council could find that it is accessible for "viewing", but that could be a stretch. Overall, Staff believes that "benevolent" open space requests, such as this, are appropriate under our Open Space Plan, and were actually contemplated as shown by the discussion of "conservation areas" in the previous memo. It is also our opinion that this land is appropriate for an open space designation, and we recommend approval of the request. of "` a emarandnm ., 04EG0 t�,.�e c May 6, 1993 �11II. Planning Commission rom: John McLaughlin, Planning Director p�ltIIjEL'f: Suggested Criteria for Open Space designations At their recent meeting, the City Council reviewed the request for a revision to the Comprehensive Plan Map regarding the property at the corner of Carol and Clinton Streets. This was the request by the Richeys to designate the majority of their 2.6 acres of property as open space, removing development rights and ultimately reducing the taxes. The Council members discussed this request, and raised concerns as to the benefit to the general citizenry of "private open space", and also questioned the relationship of this request with the overall open space plan as indicated in the comprehensive plan. They also questioned that there may be times when it may be more appropriate, in the overall development plan of the City, that a parcel be developed rather than retained in open space, perhaps due to efficiency in development, delivery of services, infill vs sprawl, transportational issues, etc... In the past, the City has readily accepted requests for open space designations, under the basic premise that "any open space is good open space." But the Council is questioning that approach and has asked the Planning Commission to revisit this issue. The Council is not requesting that Commission review the Richey application again, but rather to recommend general criteria or guidelines regarding the adoption of open space designations for property requesting such a Comprehensive Plan designation. In working towards a recommendation, I though it would be helpful to have the full text of the Oregon Revised Statutes referencing this issue. Attached is ORS 308.740 - 308.790 regarding Open Space Lands. There are some specific areas I would like to highlight: 308.745 Policy. The legislature hereby declares that it is in the best interest of the state to maintain, preserve, conserve, and otherwise continue in existence adequate open space lands and the vegetation thereon to assure continued public health by counteracting pollutants and to assure the use and enjoyment of natural resources and scenic beauty for the economic and social well-being of the state and its citizens. Tyre legislature)further declares that it is in the public interest to prevent the forced conversion of o ern ,space land to more intensive uses as a result of economic pressures caused by the assessment the=C for purooses of 12WeM taxation at values incompatible with their preservation as such open space land, and that assessment practices must be so designed as to permit the continued availability of open space lands for these purposes, and it is the intent.of ORS 308.740 to 308.790 to so provide. I . , As shown by the underlined section, the intent of the Legislature is very clear. However, to place this in perspective, it must be known that this statute was originally adopted in 1971, prior to most comprehensive planning, especially in rural areas, in Oregon. Therefore, without clear land use controls, development pressures were a much greater threat, and this process provided a release valve, reducing the development pressures applied to particular areas. Today, we have a state-mandated comprehensive planning process, allowing the City to designate and plan for future open space areas. In our current Plan is the recently adopted Parks, Open Space, and Aesthetics chapter, there is a section referring to Conservation Areas, which reads as follows: Conservation Areas Conservation areas are lands owned by private citizens who sell or otherwise release their rights to develop the property. Instead, the land is maintained in an undeveloped or underdeveloped state. .The property owner assures the City that the land will be left in an unmodified, open state to retain the qualities that make it desirable for open space. This assurance usually takes the form of a conservation easement. The City recognizes this agreement with a zoning overlay that prohibits development. The land's value is reduced, Possibly lowering property taxes, and qualifying for income tax deductions. While this method is valuable for some areas, it usually does not allow public access to the property. The main advantage is that the City incurs no or minimal direct costs although the value of the taxing base may be slightly reduced. To fully implement this plan, the City should be active in acquiring conservation easements even in areas outside the City limits, such as the Wrights Creek area. Again, our local language tends to encourage open space conservation easements, and refers to the City being active in acquiring conservation easements. But it must be remembered that these easements are acquired in the context of the overall open space plan. Within the plan are general criteria regarding the designation of open space. These are as follows: CRITERIA FOR OPEN SPACE The preceding analysis suggests that many of Ashland's natural areas be retained as open space, or developed into natural parks. Many desirable land parcels suggest themselves for an open space program. In order to desiM a•unified system rather than a collection of interesting vet unrelated parcels a selection nhilo ophv must be developed Criteria for open space follows: •Lands that preserve wildlife habitat and fragile ecosystems, such as wooded areas, ravines, and wetlands. •Lands that preserve unique scenic features, such as wooded views from urbanized areas: -Lands that contain potential recreational value for passive uses such as picnicking, walking,jogging, hiking, bicycling, bird watching, or simply resting. -Areas that contain potential for pathway and trail development and which connect with other existing trails. -Areas that can be integrated with existing or proposed community parks. -Areas that are interspersed with urban growth so that the open space lands are accessible to the greatest number of urban residents. -Areas with productive farm and forest land. -Areas that have outstanding visual or auditory solitude. The key phase of the above referenced section is underlined, and reads as follows: In order to design a unified system, rather than a collection of interesting yet unrelated parcels, a selection philosophy must be developed. Staff would recommend, that when a request for an Open Space designation is forwarded to Ashland from the County Assessor's office, that the applicant be contacted and required to address the above locational criteria, in addition to the required statement made on the application form at the assessor's office. It must be remembered that this is a Comprehensive Plan Map amendment, subject to the criteria for approval of such a Type III amendment. Generally, this will involve the finding of a "public need." But the applicant should bear the burden of proof, using the established criteria of our adopted open space plan. As indicated, the criteria are sufficiently broad to allow the Planning Commission,and City Council latitude in their decisions, as should be allowed when making an amendment to.the Comprehensive Plan. However, it also provides a basis for the denial of inappropriate applications. Should the Commission agree with this approach, Staff will forward the recommendation on to the Council. ASSESSMENT OF PROPERTY FOR TAXATION 308.740 308.720 Return showing gross each year. Interest shall be charged and col- earnings; payment of tax. Every company lected on any tax so imposed and not paid upon which a tax is imposed under ORS when due at the rate of one percent per 308.710 (2), on or before February 1 of each month or fraction of a month until paid. The year shall make a return to the department, taxes so imposed shall be delinquent if not in such form and on such blanks as the de- paid within one year following the due date partment may provide, showing the amount thereof. of its gross earnings during the calendar (2) The Department of Revenue shall en- year preceding, the year-end number of sub- force collection of the tax imposed under scribers in each rural telephone exchange, ORS 308.710 (2)and immediately after the the pole line miles of each rural telephone delinquency date thereof may institute an exchange and such other facts and informa- action for the collection of the taxes, to- tion as the department may revire. The ether with interest costs and other lawful company shall compute and forward with the charges thereon. The department shall have return the tax imposed by ORS 308.710 (2). the benefit of all laws of this state pertaining 11957 x828 §61 to provisional remedies against the proper- 308.725 Examination of return by de- ties, either real or personal, of such compa- partment; apportioning tax to counties. nies, without the necessity of filing either an (1) The Department of Revenue shall exam- affidavit or undertaking, as otherwise pro- ine and determine the accuracy of the re- vided by law. [1957 c.628 §8; 1981 c823 §51 turns forwarded under ORS 308.720. The department shall thereafter apportion the OPEN SPACE LANDS amount of tax so received among the several counties in which the company operates ru- 308.740 Definitions for ORS 308.740 to ral telephone exchanges. The part to be ap- 308.790. As used in ORS 308.740 to 308.790, portioned to a county shall bear the same unless a different meaning is required by the ratio to the total of the tax so received as context: the number of wire miles of the rural tele- (1) "Open space land" means: phone exchanges or parts thereof in the county bears to the total number of wire (a) Any land area so. designated.by an miles of all rural telephone exchanges, or official comprehensive land use plan adopted parts thereof operated by the company in by any city or county; or this state. The part apportioned to each (b) Any land area, the preservation of county shall be remitted to the treasurer of which in its present use would: the county and shall be distributed among the code areas of the county on the basis of (A) Conserve and enhance natural or wire miles in each code area and among the scenic resources; districts in each code area in the proportion (B) Protect air or streams or water sup- that the rate of tax levy in each district as ply; shown by the tax levy filed with the assessor (C) Promote conservation of soils, for the year last in process of collection wetlands beaches or tidal marshes; bears to the total tax rate of the levies of all , such taxing bodies for such year. (D) Conserve landscaped areas, such as (2) Whenever the department determines public or private golf courses, which reduce that the use of wire miles under subsection 'air pollution and enhance the value of abut (1) of this section does not fairly apportion ting or neighboring property; the tax, it may apportion the tax to the (E) Enhance the value to the public of counties in which the property of the rural abutting or neighboring parks, forests, wild- telephone exchange is situated in such man- life preserves, nature reservations or sanctu- ner as the department deems reasonable and aries or other open space; fair. The department shall advise each (F) Enhance recreation opportunities; assessor of the value apportionment of the (G) Preserve historic sites; companies' properties within the county of the assessor for purposes of distribution of (H) Promote orderly urban or suburban taxes to the taxing district in the county, development; or [1957 e.628 §7; 1963 c.= §2; 1965 x492§1; 1967 c.226§l; (I) Retain is their natural state tracts of 1969 e595 §121 land, on such conditions as may be reason- 308.730 Tax as a lien; delinquency ably required by the legislative body granting date; action to collect. (1) The tax imposed the open space classification. under ORS 308.710 (2) shall be a debt due (2) "Current" or "currently" means as of and owing from the company and shall be a next July 1, on which the property is to be lien on.all the property, real and personal, listed and valued by the county assessor un- of the company on and after February 1 of der ORS chapter 308. 29-159 r , t 308.745 REVENUE AND TAXATION (3) "Owner" means the party or parties an incorporated area. An application shall be having the fee interest in land, except that acted upon in a city or county with a com where land is subject to a real estate sales prehensive plan in the same manner in contract, "owner" shall mean the contract which an amendment to the comprehensive vendee. [1971 c.493 §2; 1991 c.459 §162) plan is processed by such city or county, and 308.745 Policy. The legislature hereby by a city or county without a comprehensive declares that it is in the best interest of the plan after a public hearing and after notice state to maintain, preserve, conserve and of the hearing shall have been given by three otherwise continue in existence adequate consecutive weekly advertisements in a open space lands and the vegetation thereon newspaper of general circulation in the city open continued public health by or county, the third published at least 10 to counteracting pollutants and to assure the days before the hearing. Each advertisement for one or more hearings shall be no smaller use and enjoyment of natural resources and scenic beauty for the economic and social than three column by five inches in size. In well-being of the state and its citizens. The determining whether R application made for legislature further declares that it is in the classification under ORS 308the rant should public interest to prevent the forced conver- th approved or disapproved, the granting au- public of open space land to more intensive thonty shall weigh the benefits r the gen- uses as the result of economic pressures eral welfare of preserving the current use of caused by the assessment thereof for pressures the property which is the subject of applica- poses of property taxation at values incom- which against the potential loss h revenue patible with their preservation as such open Which may result from granting the applica- space land, and that assessment practices tion. must be so designed as to permit the contin- (2) If the granting authority in so weigh- ued availability of open space lands for these ing shall determine that preservation of the purposes, and it is the intent of ORS 308.740 current use of the land will: to 308.790 to so provide. [1971 x493 §11 (a) Conserve or enhance natural or sce- 308.750 Application for open space use nic resources; assessment; contents of application; fil. (b) Protect air or streams or water sup- ing; reapplication. An owner of land desir- plies; Ong current open space use assessment under (c) Promote conservation of soils, ORS 308.740 to 308.790 shall make applica- wetlands, beaches or tidal marshes; tion to the county assessor upon forms pre pared by the Department of Revenue and (d) Conserve landscaped areas, such as supplied by the county assessor. The owner public or private golf courses, which enhance shall describe the land for which classifica- the value of abutting or neighboring prop- tion is requested, the current open space use erty; or uses of the land, and shall designate the (e) Enhance the value to the public of paragraph of ORS 308.740 (1) under which abutting or neighboring parks, forests, wild- each such use falls. The application shall in- life preserves, nature reservations, sanctu- clude such other information as is reasonably aries, or other open spaces; necessary to properly classify an area of land (f) Enhance recreation opportunities; I under ORS 308.740 to 308.790 with a verifi- cation of the truth thereof. Applications shall (g) Preserve historic sites; j be made to the county assessor during the (h) Promote orderly urban or suburban calendar year preceding the first tax year for development; or which such classification is requested. If the I (i) Affect any other factors relevant to i� ownership of all property included in the ap- the general welfare of preserving the current plication remains unchanged, a new applica- use of the property; tion is not required after the first year for the granting authority shall not den the which application was made and approved. Bro g tY Y i [1971 x493 §3;1991 x459 §163] - application, solely because of the potential loss in revenue which may result from i 308.755 Submission of application for granting the application. approval of local granting authority I i grounds for denial appproval; withdrawal (3) The granting authority may approve of application. (1) iVViTin 10 days of filing the application with respect to only part of in the office of the assessor, the assessor the land which is the subject of the applica- shall refer each application for classification ]don; but if any part of the application is de- to the planning commission, if any, of the nied, the applicant may withdraw the.entire governing body and to the granting author- application. [1971 c493§41 ity, which shall be the county governing 308.760 Notice to assessor of approval body, if the land is in an unincorporated or denial; recording approval; assessor to area, or the city legislative body, if it is in record potential additional taxes on tax 29-160 i � . I ASSESSMENT OF PROPERTY FOR TAXATION 308.775 roll; appeal from denial. (1) The granting 308.770 Change in use of open space authority shall immediately notify the county land; notice to assessor; withdrawal from assessor and the applicant of its approval or classification; collection of additional po- disapproval which shall in no event.be later tential taxes. (1) When land has once been than April 1 of the year following the year classified under ORS 308.740 to 308.790, it of receipt of said application. An application shall remain under such classification and it not denied by April 1 shall be deemed ap- shall not be applied to any other use than as proved, and shall be considered to be land open space unless withdrawn from classifies- which qualifies under ORS 308.740 to 308.790. lion as provided in subsection (2) of this sec- (2) When the granting authority deter- tion, except that if the use as open space mines that land qualifies under ORS 308.740 land changes from one open space use to an- to 308.790, it shall enter on record its order other open space use, such as a change from of approval and file a copy of the order with park purposes to golf course land, the owner the county assessor within 10 days. The or= shall notify the assessor such change prior der shall state the open space use upon to the next July 1 assessment date. which approval was based. The county (2) During any year after classification, assessor shall, as to any such land, assess on notice of request for withdrawal may be the basis provided in ORS 308.765, and each given by the owner to the county assessor or year the land is classified shall also enter on assessors of the county or counties in which the assessment roll, as a notation, the as- such land is situated. The county assessor or sessed value of such land were it not so assessors, as the case may be, shall withdraw classified. such land from such classification, and im- (3) Each year the assessor shall include mediately shall give written notice of the in the certificate made under ORS 311.105 a withdrawal to the granting authority that notation of the amount of additional taxes classified the land; and additional real prop- which would be due if the land were not so erty taxes shall be collected on such land in classified. an amount equal to the total a,mount of po- tential additional taxes computed under ORS (4) The additional taxes noted under sub- 308.760 (3) during each year in which the section (3) of this section shall be deemed . land was classified, together with interest at assessed and imposed in the year to which the rate of two-thirds of one percent a the additional taxes relate. month, or fraction of a month, from the dates (5) On approval of an application filed on which such additional taxes would have under ORS 308.750, for each year of classi- been payable had the land not been so clas- fication the assessor shall indicate on the tax sified, limited to a total amount not in excess roll that the property is being specially as-' of the dollar difference in the value of the sessed as open space land and is subject to land as open space land for the last year of potential additional taxes as provided by ORS classification and the real market value un- 308.770, by adding the notation "open space der ORS 308.205 for the year of withdrawal. land (potential add'1 tax)". (3) If the owner fails to give the notice (6) Any owner whose application for required under subsection (1) of this section classification has been denied may appeal to during the period of classification, upon the circuit court in the county where the withdrawal under subsection (2) of this sec- land is located, or if located in more than lion, the assessor shall add to the tax ex- one county, in that county in which the ma- tended against the land previously classified ,1or portion is located. [1971 e493 45; 1991 x459 an amount, if any, egPal to the additional §1641 taxes that would have been collected had the 308.765 Determination of assessed assessor valued the classified land on the value of 5 en ace lands. In determining assessed basis of the charged open space use, together p space g with interest at the rate of two-thirds of one the assessed value of open space land which percent a month, or fraction of a month, has been classified as such under ORS from the dates on which such additional 308.740 to 308.790, each year the assessor taxes would have been payable. [1971 x493 A. shall, notwithstanding the provisions of ORS 1991 x459 41661 308.205: 308.775 Withdrawal by assessor when (1) Assume the highest and best use of use changed; notice to granting author- the land to be the current open space use, ity; imposition of additional taxes; inter- such as park, sanctuary or golf course, and est; penalty; exception in case of certain the assessor shall not consider alternative .sale of land. (1) When land which has been uses to which the land might be put. classified and assessed under ORS 308.740 to (2) Value the improvements on the land, 308.790 as open space land is applied to some if an y, as required by ORS 308.205. 11971 a4m use other than as open space land, except ;6; 194, x459 41651 through compliance with ORS 308.770 (2), or 29-161 308.780 REVENUE AND TAXATION 1 except as a result of the exercise of the provided in ORS 308.770 and 308.775. [1971 power of eminent domain, the owner shall c493 §10) within '60 days thereof notify the county 308.790 Rules and regulations. The De- assessor of such change in use. The assessor partment of Revenue of the State of Oregon or assessors shall withdraw the land from shall make such rules and regulations con- classification and immediately shall give sistent with ORS 308.740 to 308.790 as shall written notice of the withdrawal to the be necessary or desirable to permit its effec- granting authority that classified the land; tive administration. [1971 e.493 fill and additional real property taxes shall be imposed upon such land in an amount equal RIPARIAN HABITAT to the amount that would have been due un- 308.792 Definitions for ORS 308.792 to der ORS 308.770 if notice had been given by the owner as of the date of withdrawal, plus 308.803. As used in ORS 308.792 to 308.803: a penalty equal to 20 percent of the amount (1) "Owner" means the party or parties so determined. having the fee interest in land, except that (2) If no notice is given as required by where land is subject to a real estate sales subsection (1) of this section, the assessor, contract, "owner' means the contract vendee upon discovery of the change in use, shall under a recorded contract. compute the amount of taxes, penalty and (2) "Designated riparian land" means the interest described in subsection '(1) of this beds of streams, the adjacent vegetation section, as though notice had been given, and communities, and the land thereunder, which shall add thereto an additional penalty equal are predominantly influenced by their asso- to 20 percent of the total amount so com- ciation with water, not to extend more than puted, for failure to give such notice. 100 feet landward of the line of nonaquatic (3) The limitation described in ORS vegetation, which are privately owned and 308.770 (2) applies only to the computation which qualify for exemption under ORS of taxes and interest, and not to the penalties 308.792 to 308.803. described.in subsections (1) and (2) of this (3) "Urban growth boundary" means an section. urban growth boundary contained in a city (4) The provisions of subsections (1) and or county comprehensive plan that has been (2) of this section shall not apply in the acknowledged by the Land Conservation and event that the change in use results from the Development Commission pursuant to ORS sale of a least 50 percent of such land the 197.251 or an urban growth boundary that sified under ORS 308.740 to 308.790 within has been adopted by a metropolitan service two years after the death of the owner. [1971 district council under ORS 268.390 (3). (1981 cA93 181 e720 §3J Note: 308.792 to 308.803 were added to and made a 308.780 Prepayment of additional part of ORS chapter 308 by legislative action but were taxes; extending taxes on tax roll; col- not added to any smaller series therein. See Preface to lection; distribution. (1) The amount deter- Oregon Revised Statutes for further.explanation. mined to be due under ORS 308.770 or 308.793 Policy. The Legislative Assembly 308.775 may be paid to the tax collector prior declares that it is in the best interest of the ! to the completion of the next general prop- state to maintain, preserve, conserve and re- erty tax roll, pursuant to ORS 311.370. habilitate riparian lands to assure the pro- (2) The amounts under ORS 308.770 or tection of the soil, water, fish and wildlife 308.775 shall be added to the tax extended resources of the state for the economic and against the land on the next general property social well-being of the state and its citizens. tax roll, to be collected and distributed in the The Legislative Assembly declares that same manner as the remainder of the real riparian habitat maintained in a healthy property taxes. (1971 e.493 §9; 1979 e-3so 191 condition is a legitimate land use that con- tributes to erosion control, improved water j 308.785 Reports from . owner to quality and prolonged streamflow. The Legis- 1 assessor, effect of failure of owner to leltive Assembly further declares that it is in make report upon request. The assessor the public interest to prevent the forced shall at all times be authorized to demand conversion of riparian environments to more and receive reports by registered or certified intensive uses as a result of economic Ares- mail from owners of land classified under sures catised by the assessment of those ORS 308.740 to 308.790 as to the use of the lands for purposes of pm erty taxation at I same. If the owner shall fail, after 90 days' values incompatible with their protection as notice in writing by certified mail to comply riparian lands and that tax exemption must with such demand, the assessor may imme be granted to permit the continued availabil- diately withdraw the land from classification, ity of riparian environments for these pur- give written notice to the granting authority poses, and it is the intent of ORS 308.792 to Of the withdrawal, and apply the penalties 308.803 to so provide. 11981 c-72o §11 29-162 `C ASHLAND PLANNING DEPARTMENT STAFF REPORT April 13, 1993 PLANNING ACTION: 93-058 APPLICANT. Bill & Gloria Richey LOCATION: 675 Carol Street ZONE DESIGNATION: R-1-5 COMPREHENSIVE PLAN DESIGNATION: Single Family Residential ORDINANCE REFERENCE: 18.108.070 and 18.108.080 ORS 308.740 - 308.790 REQUEST: Comprehensive Plan Map change from Single Family Residential to Open Space. I. Relevant Facts 1) Background - History of Application: In 1986, a Physical Constraints Review permit was approved for this location for the installation of fill and culverting (PA86-130). In 1987, a Physical Constraints Review permit was approved,allowing for the placement of fill and additional culverting to extend Carol Street to serve as a driveway to this parcel (PA87-116). In 1991, a Minor Land Partition was approved for this parcel, dividing off a 68' by 220' parcel fronting on Oak Street (existing home), leaving the remainder of the parcel (approximately 2.63 acres) back to Carol Street (PA91-025). A new residence has been constructed on this parcel. There are no other planning actions of record for this lot. 2) Detailed Description of the Site and Proposal: As stated, the site is 2.63 acres in size with a single family residence on it. It is located near the corner of Carol and Clinton Streets. The applicants are proposing to change the Comprehensive Plan Designation for all of the parcel excepting approximately 0.30 acres*from Single Family Residential to Open Space, thereby removing the development potential from the property. Portions of the property are used as a small pasture, and a pond. A small seasonal drainage, indicated on the City's Physical and Environmental Constraints maps, goes through the property. II. Project Impact The change to an open space designation from single family residential is allowed under ORS 308.745, which states: 'The legislature hereby declares that it is in the best interest of the state to maintain, preserve, conserve, and otherwise continue in existence adequate open space lands and the vegetation thereon to assure continued public health by counteracting pollutants and to assure the use and enjoyment of natural resources and scenic beauty for the economic and social well-being of the state and its citizens. The legislature further declares that it is in the public interest to prevent the forced conversion of open space land to more intensive uses as a result of economic pressures caused by the assessment thereof for purposes of property taxation at values incompatible with their preservation as such open space land, and that assessment practices must be so designed as to permit the continued availability of open space lands.for these purposes, and it is the intent of this Act to so provide." The procedure outlined in the ORS is for the governing body to process this application as a Comprehensive Plan Map change, but to review the request under the following criteria as well: In determining whether an application made for classification (as open space) should be approved or disapproved, the granting authority shall weigh the benefits to the general welfare of preserving the current use of the property which is the subject of application against the potential loss in revenue which may result from granting the application. If the granting authority in so weighing shall determine that preservation of the current use of the land will. a) Conserve or enhance natural or scenic resources; b) Protect air or streams or water supplies; c) Promote conservation of soils, wetlands, beaches or tidal marshes; d). Conserve landscaped areas such as public or private golf courses, which PA93-058 Ashland Planning Department — Staff Report Bill & Gloria Richey April 13, 1993 Page 2 enhance the value of abutting or neighboring property; e) Enhance the value to the public or abutting or neighboring parks, forests, wildlife preserves, nature reservations, sanctuaries, or other open space; f) Enhance recreation opportunities, g) Preserve historic sites; h) Promote orderly urban or suburban development; or i) Retain in their natural state tracts of land, on such conditions as reasonably required by the legislative body granting the open space classification; the granting authority shall not deny the application solely because of the potential loss in revenue which may result from granting the application. The applicants have stated in their application that they believe the current uses of the property are supported by criteria a), b), c), e), and i). III. Procedural - Required Burden of Proof In addition to the criteria outlined above from the Oregon Revised Statutes, the Land Use Ordinance contains the following criteria: Type III amendments are applicable whenever there exists. a public need; the need to correct mistakes; the need to adjust to new conditions, or where compelling circumstances relating to the general public welfare requires such an amendment. Staff believes that this proposed amendment meets the requirement of"public need" in the Ashland land use ordinance, and is in support of the City's adopted Open Space Plan. We also believe that it meets the ORS criteria as stated by the applicant. We further believe that the benefits of the maintenance of this area as open space for this neighborhood, although without public access, outweighs the PA93-058 Ashland Planning Department — Staff Report Bill & Gloria Richey April 13, 1993 Page 3 small revenue losses to the City. ' IV. Conclusions and Recommendations Staff recommends approval of the application with the following condition: 1) That a conservation easement be granted to the.City of Ashland prohibiting the partitioning or development of the property as single family residential. The easement may only be removed by approval of the Ashland City Council after a Comprehensive Plan map change back to Single Family Residential. Conservation easement does not allow public access to the property. PA93-058 Ashland Planning Department— Staff Report Bill & Gloria Richey April 13, 1993 Page 4 • ASSESSOR'S USE ONLY APPLICATION FOR SPEGOASSESSMENT o+b_ t)de Wafted b arwkq,waorsy OF OPEN SPACE LAND UMaAwwa App a As provided by ORS 308.745 to 308.790 . ❑Count' ❑MI, ❑Ctyof ❑mwn INSTRUCTIONS: 1. File with county assessor after January 1 and before June 30 for assessments beginning the following tax year. - - 2 File white,canary,and pink copies with the county assessor of your county. 3. Keep goldenrod copy for your records. Filed with the Jackson County Assessor for the assessments beginning July t, 19 Ardk&x'.runty TNSplwne nunbx S03 432-1-377 . A00[[' otr stim. npCaa 675 ',arol Street Ashland 0Fc 97520 I apply for special assessment of the property described below as'Open Space Land'as provided by ORS 308.745 to 908.780.My interest In the property is icy: 13 Fee simple ownership Contract purchase -Q Other fee interest(explain) . PROPERTY DESCRIPTION Asss[urs ao[oura rxwborN)(nsMman yoratu notbn) (tl troro w.o.r n.[e.e.dt,at aaafMw[host[) . O Deed Dsu'recerdW Reconbe h vatures&W pop aIrmvunwx no. .. - ❑ Contract .. `4/10/1§1 Index Volume 2, page 33 La - ., : abet Addu.f 1400 Subwctbn section TownaAip Rage Aaas . 04 39 1F. 2.62 f�P' ° Open space designation for :1.79 acres which is'. :flat. pasture em.)of the land and its rl and 53 ac relatbnahip b surrounding pond abuting-flood plain area. Excluded from the. request is Wope des for which ;. t am as is reyveatea to existin open mace, ereaefdwrrs: g p has a natural waterway' With drainage fT iv -.. The eurredt Open space Use No,t - _ r . use(s)of the land are: 1. 79 acre open pasture, trees - .. .(Whenever art'use does' Use No.2 not relate to all the property - desolbed,t4oatethe . 53 acre _arden pond ' '_landsca in pardon of dw wopww to Use No.3 - - . which the partkular use 0 home Sf*e, driveway apPSaad _ Use No.4 Use No.S .. ". ...'. raNLMERI I hereby designate(try dredang the appropriate box(es))tho paragraph(s) n w each such use fags: h(s)fisted In h h ° 7 Y a { b ' ., ...4)L•td area desipnatad aaopan•pace7and by an al6dd wmpiaheneive hhE Uae'plaa Mopmd by•ny dyaraou €aS_.•'.� ... :.:.. 2)and area the preaerretion of sift In Itspresent W wale.. :. - . . .. .,. y can.ery.«•Mtarxisneaaai«aaenkrowuwa: ' 4 • -. . r-i, b)Preteuatroratrearm«wamretgwly; .r t��sx .� • q aana•nrago wWsn*beadwm or Wal w Prengb not wfis ntetehs{:. '.:.. d)Conaerva erw;j�aptbBC orprlvats golft>ouniea 4rfldt reduce dr pofutbe and enhance the vaki of faro oatts6ht�rit!Opiopepj;; .,. ;.: •)Ftltlmroe the vafuebfie tl6uatrtp�rrelphhada pa m Xwervea nat rlor tire wad0em.t" vadom ��+Qrautararlea«otfwr upon , '': t)Frltmhoe rep'BQdoa,_ � r.)� ' g)Preserve MBOark atr9acM?I�tr�tryi - • � ' f , 1�Ft}i f 1 I,f•PY�''{Y6 Y. ' - _ G+N +.lyaf�.NyOSTt � rLr•1�"�rn•'• Y Z �PtDrtgOB^.'•"I WMWl�r -baltmn{ntrer .mta rait�m•Wratitwisotaareaso�ly+agt+edbrit* bodrm4r�lnd>M)aPatapaaa dn. t*:S•e;n 1 Nit c.?Y< c+'r:��.. r i'i�:4:.'ttra Jr ]tpt{�pi5 ?t� TIN � .ilK s .Y,;7 s l declare undk`the enal4aS:tor(efs9tzw€eerfngeB d�d>a[� — this ([ Wr 4 1 r SignaVe ...., •. i �r t .., tWd•J:..u.'1',.'�,Y.4.. . -DBtrmudon:Wfhtra Canty#eiessof'Cmte!r.`,".:C�.erti'io BOdyf7eitihirtptbrtse6slac:_, —cirenp!(7 Aa4�4^r�O,�tabd,4�lpplkma `a` r> . .; .. Oregon]l Relating to the Special Assessment of 01. Space Land. 30&740 Defoldri-A lbrORS 308740 to 308.790. 308.760 Notice to aau,,wr of approval Or dc- pirtinuriq i,th,,:, • ;h e !;e, As used in ORS 308-740 to 308.790,unless 2 different n14. recording approval,atss�+sor to record po- Liorill ,a! prx,% :,,f. meaning is required by the context tetanal additional taxes,on tax roll;appeal from land in an m.,,m 17L.1 10 L'IC (1)'O�. n space land"micans: dental.(1)The granting authority shall immediately notify the county assessor and the applicant of its (3)of OR Or_6 (a) Any land area so designated by in official approval or disapproval which shall in no event be comprehensive land use Plan adopted by any city or law than April 1 of the year following the year of ;,irds of one preen:a:P.cnui,oy:nacuiun c! county;or receipt of said application.An application net denied from the daze:on s:"i,2cdiuors, ........V. (b)Any land area,the preservation of which in its by April I shall be deemed approved, and shall be have`men payaoli,.,aa!nc 1. r rot rie'tit present use would,- considered to be land which qualifies under ORS limited to a total ai,,iom 1 *,4 in ,f 308.740 to 308.790. difference in the value of the land as open spa::_ Ian,: (A) Conserve and enhance natural or scenic re- for the last Year of classification and the ma coarse: SOUTOES; (2,) When the grunting authority determines that land qualifies under ORS 308.740 to 308.790,it shall value under ORS 309.205 for the year of (13j Protect air or SUCIMS or water supply; enter on record its order of approval and file a copy of (5) If the owner (ails to giw the notice nee ji. rl,r. (C)Promote conservation of soils,wetlands,beaches, the order with the county assessor within 10 days.The under subsection(1)of this section during the per:.(` or tidal marshes; order shall state the open space use upon which Of dilMifiCittion, upon withdrawal under sue,L:,.r, approval was based.The cotirty,assessor shall,as to (2)of this section,the assessor shall add to the ux (D)Conserve landscaped area,such as public or any such land,assess,on the basis provided in ORS extended against the land pfeviOUSly d2SS'.f;0,... A-. private golf courses, which reduce air pollution and 308.765,and each year the land is classified Shall also amount, if any, equal to the additional axe_ tna-i enhance the value of abutting or neighboring prop- enter on the assessment roll, as a notation, the as. would have been collected had the assessor City! sessed value of such land were it not so classified. the classified [arid on the basis of the changed c.wr (E)Enhance the value to the public of abutting or (3) Each year the assessor shall include in the space use,together with interest at the raw of two- neighboring parks,forests.wildlife preserves.Marc certifictu:made under ORS 311.105 a notation of the thirds of one percent 2 month,or fraction of 2 month, reservations or sanctuaries or other open 3PI04t, amount of additional taxes which would be due if the from the dates on which such additional taxes would (F)Enhance recreation opportunities; land were net so classified. e have been payable.11971 c.483 S.1 (G)Preserve historic sites; (4)The additional utur notes under subs ection(3)of 308.775 Withdrawal by assessor sicstsor when use changed, notice to granting authority, imposi. (H)Promote orderly urban or suburban develop- this section shall be deemed assessed and imposed in tion of additional taxes;Interest-,perstalty,excep. men;or the year to which the additional isaxes reline. tion In case,of certain,sale of land(1)When !and (5)On approval of an application filed under ORS which has been classified and 2$3C3Wd uncle: 016 (1) Retain in their natural sate tracts of ltriQL on 308.750, for each year of classification the assessor 308.740 to 508.790 as open space land is aDpl;cd to such conditions as may be reasonably required by the shall indicate on the tax will that the property is being some use other than as open space land, except legislative body grinning the open space classification. specially assessed as open space Land and is subject to through compliance with subsection(2)of ORS 306.77o, (2)'Cumere orr'currenLV menu su,of neact July 1, potential additional tsures as provided by ORS 308.770, or except u a result of the exercise of the power of on which the property Is w be listed and valued by the by adding the notation 'open space land (potential eminent domain, the owner shall within 6C days county assessor under ORS chapter 306. ackil tass)" thereof notify the county assessor of such change : in (3)*Owner"smears,the party Or parties having the (6)Any owner whose application for classification we.The assessor or assessors;shall withdraw the:2nd fee interest in land,except that where land is subject has been denied may appeal to the circuit court in the from classification and immediately shall give unnen to a=I estate sales contract.'owner*shall mean the county where the land is located,or if located in more notice of the withdrawal to the granting;authority that contract vendee.0971 e493121 than One county,in that county in which the major classified the land;and additional real property axes 308.755Subeelsslon of applicationforapproval portion is located.(1971 e493 J51 shall be imposed upon such land in 341 2111011M eV421 to the amount that would have been due under ORS of local greasing authorkr,grounds for dcalA- 308765 Determination of assessed value of 308.770 if notice had been given by the owner as of approval;withdrawal of application.(1)Within 10 iniscan space lands.In determining the assessed value the date of withdrawal, plus a penalty equal *to 2C days of riling in his office,the sascanor shall refer each of open space land which has been classified ass such percent of the amount ac,determined. application for classification to the planning commis- under ORS 508.740 in 308.790,each year the assessor sion,if any,of the governing body and to the granting shall,notwithstanding the provisions of ORS 308205: 2 If m notice is given"required by subsection authority.which"I be the county governing body, (1)of this section,the assessor,upon discovery of the (1)Assume the highest and best use of the land to change in me, shall compute, the amount of taxes, if the land is in an unincorporated am,or the city be the cumma open space use,audit as park•surtatuary pe n2hy and interest described in subsection(1)of this legislative body, if it is in an Incorporated suea.An or golf course, and the assessor shall Oct. consider motion,as though notice had been given,and shall application shalt be acted upon in 2 dry or county alternative uses,to which the land might be put. add therein ant additional penalty equal to 20 percent with a comprehensive plan in the same manner in which sea amendment:to the comprehensive plan is (2)Value the Improvements on the land,if any,as of the total amount sot computed, for failure to give processed by such city or county,and by a city cir required by ORS 308205. 11971 e493 A 1991 e459 such notice. county without a comprehensive plan after a public 11651 (3) The limitation descril:,od in subsection (2) of hearing and after notice of the hearing shin have been 308770 Change In nise of open space hand; ORS 308.770 applies Only to the computation of taxes given by three consecutive weekly advertisement in a notice to assicassior; withdrawal friant classifies. and interest, and not to the penalties described in newspaper of general circulation in the city or county, don,collection of additional potential taxes.(1) subsections(1)and Q)of this section. the third published at least 10 days before the hearing. When land has once been classified under ORS 308 740 (4)The provisions of subsections(1)and(2)of this Faclh advertisement for one or more hearings shall be to 348,790. it shall remain under such classification section shall not apply in the evens that the change in no smaller than three column,by five incites in sit In and it shall not be applied to any other use than as use resuhs from the sale of a lent 50 percent of such determining whet*an application made for ciassifi- open space unless withdirtram, from classification as land claisaffied under ORS 308.740 to 308.790 within cation under paragraph 0))of subsection(1)of ORS provided In subsection(2)of this section,except thaut two years after the death of the owner.0971 c.493$81 308.740 should be approved ordisapproved,the grant- if the use u open space land changes from one open Ing authority"weigh the benefits to the general space use to smotheropen space use,such as a change 30&785 Reports&ornowtacarto assessor,effect welfare of preserving the cument use of the property finams park purposes to golf cosuric tend,the owner saffallissreofownerto, report upon request. which Is the subject of application against the pouen- shall notify the assessor of such chi prim so the The assessor shall at all times be authorized to de. Lisil loss In revenue which may result from granting the non July I assessment da� mand and receive reports by registered or certified application. mail from owners of land classified under ORS 508.740 C2)During my year after classification, notice of to 306.790 as to the use of the same.If the owner shall (2Y.. request for withdrawal may be given by the owner to W,after 90 bays'notice In writing by certified=I]to (3)The gramiting authority may Approve the appli- the county assesecar or taseasors of the county or comply with such demand,the assessor my immedi- cation with respect to only part of the land which a Counties in which such land is situated.The county ately withdraw the land from classification,give wm- the subject of the application;but if am pan of the assessor or assessors.as the cause may be,shall with- ten notice to the granting authority of the withdrawal, application is denied,the applicant may withdraw the draw such land firiont such classurification,and immedi. and apply the penalties;provided in ORS 308.770 and entire application.(1971 c493 110 stely shall give written notice of the withdrawal to the 308.775.11971 c.4931101 COUNTY FORM-310-106(Back)(Rev.292) G. Philip Arnold bJ 4 j L a� `fie a�nda � U ' IYn.AU iM M1�.g BUrC.M1�aTm i5t 6p�y . •Mwl�6up Me.IIV i.C. C'. T Lam. EVI-LY11 Viskiyou Ashland , ureq,n oz. zo Ashland City Utminil Ashland City Hall Ashland . Oreg"n 9752() Gouncilmembers - - L am enclosing two bills I have! raceived . hom Ashland Life Support . One dated February 11 , 1992 in the a0ourry of $635 , another dated February 5 , 1993 In the amount of • 732 . You will note that Medicare paid $242 . 19 an the first bill and $297 .58 on the second . Also , Please note Medicare states that ii ALS had accepted assignment my contribution would be less . They suggest , of course , I get a list of those who do accept assignment . Since ASL is the only available ambulance service in Ashland this is not relevant to me or any other resident 01 Ashland . I have contactod the Department of Human kesources and discovered that the statute ; ORS 523 .220 , pertaining to local ordinances regulating ambulances , does not mention fees . Phis does not preclude local qovernmentF from regulating fees nor opening the franchise for bidding . Since most often those needi "" the service are seniors on Medicare , many like me without, supplemental insurance , the charges are prohibitive , yet much needed . And what about residents without any insurance , seniors or not? Are we to avoid calling 911 because we cannot afford the ambulance bill? Must wo choose between life support and exorbitant ambulance service : Cable television rates are regulated , garbage rates are regulated , these two services are choice . One may elect not to have cable TV , or decide to Lakes ones garbage to the dump . No such choice is available when an emergency exists An ambulance is used in medical emergencies , it is not an elective . One cannot shop for price add choose between two competing companies . We are at the wevoy of thn ambulance service in our area _ In most inal-ances when wit ir called we are unaware an ambulance has bne" called . Since the state permits Cities to regulate rates . I urge you to commence hearings At the earliest Possible time , so this unfair Practice can end in Ashland , Sincerely Ashland Fire Department ,FOTEC! ,! Se �.,.Y► 455 SISKIYOU BOULEVARD ASHLAND, OREGON 97520 (503)482.2770 FAX (503) 488-5318 April 23, 1993 Ms. Evelyn Murdock 2301 Siskiyou Blvd. # 306 Ashland, Oregon 97520 Dear Ms. Murdock, I have received from our City Administrator,—Brian Almquist, your letters of March 24th and April 20th of this year regarding Ashland Life Support's ambulance rate structure. I apologize for the delay in our response, as your letter arrived during budget preparation and was temporarily set aside while we reviewed your ambulance bill and the prevailing rate structure, so we could respond to your concerns intelligently. Your letter indicates a good understanding of the current situation with regard to the role of the Oregon State Health Division and the Jackson County Ambulance Service Area Plan. Rate regulation has been reserved for local counties due to the broad spectrum of emergency medical services operating within the State of Oregon. We have an understanding of the impact of emergency health care costs on people with fixed incomes in Ashland. Recently, the City Council voiced their opposition to attempting to recover costs for the operation of the Ashland Fire Department's Rescue Unit through a surcharge on ambulance bills. It is my understanding that Ashland Life Support's rate structure is in line with other ambulance services within the Jackson County area. I have discussed your ambulance bills with Mr. Gordon Brown, of Ashland life Support. I understand from that conversation that he is sensitive to the issue of health care costs for seniors, and specifically to your situation. He has expressed a willing-ness to work with you on a payment plan to relieve your ambulance service debt. Unfortunately, much of what we are experiencing within the field of emergency health care costs is driven by national trends and will not be resolved by local governments. If you wish to direct your concerns to the Jackson County Department of Health and Human Services, please contact Mr. Gary Stevens at 776-7316. The Ashland City Council is not aware of any significant citizen demand for ambulance rate structure review. The Council will most likely continue to allow the newly adopted Jackson County Ambulance Service Area Plan, as administered by the county, provide administrative oversite of ambulance services until such time as the Council's involvement in the process is warranted. Respectfully, Kith E. Woodley r' Fire Chief cc: Brian Almquist Gordon Brown Ashland . ureno" -V"n� Arvil W . 1 "V,; Anhiand My Council mWand city Halt Ashland . UP= yzwu ouncilmembei w On March Rd . 1 "? ; 1 wrufu i ' lMov Ida You .txncernirkg what I think is an exLrnmely impoita"I iosuL . I h- -ol -1 ambulance service . L qQed that Lh- L My Wunr j I take '.n chn &VlMderak-io" the reguld- Lion ot thv task ol Lhis n, yvion. As of this date I h"ve Ward Whi.no . am Lot neitain whether this letter Iwo Imm" iuceived of whathoi it has bee" lost in the mrkil or somewhere in eour oMces . t love oxPected to receive , at the least . acknowledwament; ut rcteipf -1 ' his letter - I have always considered tho - My of nmViland much more responsive to its yeside"to . I am dinappol "ked . Sincerely . t.velyu Mul dock (5U3) FAX (5()3)731-4077• On l)D-Namt+im (Slp) 731-lull DEPARTMENT OF July 14, 1992 HUMAN RESOURCES HEALTH DIVISION Evelyn Murdock 2301 Sdkiyou Blvd., #306 Ashland, OR 97520 ; Dear Ms. Murdock: Pursuant to our recent telephone conversation 1 am sending you a copy of the statutes that pertains to the licensing of ambulances. The section of the statute that pertains to local ordinances regulating ambulances is ORS 823.220. In reading the statute you will see that the regulation of ambulance fees are not mentioned. However, this absence do not preclude a county, city, or district from establishing and regulating ambulance fees. I hope this information is of assistance to you. Sincerely, A. Roger Fox Program Representative o Emergency Medical Services and Trauma Systems Section Enclosure 0.vbira Roberts Gme.or 800 NE Oregon Street#21 Portland,OR 97232 (503)731-4030 Emergency (503)252-7978 TDD Emergency . 2426(Rev 1-92) OTP LEGISLATIVE PROGRAM Update:March 25, 1993 HIGHWAY MEASURES HB 2425 HB 2415 Allocation of lottery funds for light rail transit Gas tax increase $.04 per year for 4 years with a capital'" p comparable weight mile factor increase. HB 2428 HE 2418 Set up rail fund and bonding authority for high � Ca Increase annual vehicle registration fee by $15 speed and light rail. u� JC ($30 per biennium)effective January 1, 1995.. gB 2427 S HB 2421 Institute a tire and battery fee for transit similar to Transportation access fee (system development HB 3055 of 1989 not to exceed$2 each. charge)in the form of a$200 fee on net additions to HB 3173 existing fleet. Statewide vehicle emission fee based on the age of HE 2422 the vehicle.Fee will range from$2 to$4 per vehicle $2 studded tire fee for damage to state,county and per year with revenue distributed to ensure regional city roads. equity. HB 2423 A VIA VON JM SURES Accelerates sunset provision for special$.05 gas tax rate reduction for ethanol blended fuels from HB 2417 December 31, 1997 to December 31, 1993. $.005. increase in jet fuel taxes for commercial airports similar to HB 2313 in 1991 effective HB 2424 January 1,1994. Expand ODOTs revenue bonding authority to give the OTC authority to advance projects for which the HB 2418 increase in benefits from advancement exceeds $.02 aviation gasoline tax increase similar to HB increased financing costs. 2717 in 1991 effective January 1,1994. PORMAND RAIL FREIGHT MNSffNFASURES HB 2429 Expand transit use of flexible federal funds(i.e.,STP Allocation of lottery funds for marinetrail access. pb funds). Up to$25 million for Port and Marine Navigation HB 2419 fund. Portland area vehicle emission fee based on actual HB 3174 A emission rating and miles driven. Initial rates will Allocation of up to $5 million for freight rail range from$5 to$125 per vehicle per year. improvements. �. BB 2420 BICYCLES - Extension of payroll tax authority to transportation districts. and change in implementation HB 2430 requirements to allow implementation by district boards. - New bicycle registration fee for 24"tire and larger, administered by retailers. HB 2428 Expand state in-lieu of payroll payments for transit CONd7F-M0NP"CING to all fixed route systems receiving public support. HB 3299 7 Authorizes Metro, following a thorough public Constitutional amendment to allow use of emissions involvement process, to establish a congestion �( fee for transit and other vehicle emission reduction pricing pilot project. measures. �b ' 04/29/99 13:2T 7503 378 5859 LZ.LyU RESOLUTION No. A RESOLUTION APPROVING THE OREGON TRANSPORTATION PLAN AND CALLING FOR LEGISLATIVE APPROVAL OF THE TRANSPORTATION FUNDING PACKAGE WHEREAS, the Oregon State Legislature has directed the development of a long-range transportation plan for the State of Oregon; and WHEREAS,the State,in partnership with titles and counties and with the full partloipation of user and interest groups and the public,has developed the Oregon Transportation Plan (OTP), a plan that envisions the creation over a 20-year period of afully Integrated,balanced system that encompasses all modes of transportation; and WHEREAS, Implementation of the OTP is essential to Improving and protecting Oregon's economic competitiveness and quality of life,and Oregon now has a unique opportunity to avoid the transportation conditions that have plagued urban areas across the nation while enhancing mobility for Oregon's small communities; and WHEREAS, implementation of the OTP will create and maintain jobs In the state, strengthen the economy, preserve and extend the infrastructure Investment of the past, provide better and faster connections and mobility for people and freight throughout the state, Improve air quality and the environment and reduce traffic congestion in heavily populated areas; and WHEREAS, the cities of Oregon .support a transportation plan that recognizes the partnership among transportation jurisdiction;that calls for transportation facilities appropriate to each area of the state; that makes the most efficient use possible of available and potential funding.souroes; and that provides adequate and stable sources to fund prki ft needs for each mode of the transportation system,Including roads and bridges,air service, local bus and transit systems, ports, rail service, and blgrcie and pedestrian facilities; and WHEREAS, the cities of Oregon acknowledge and appreciate the actions of past legislatures that have allowed progress in addressing a backlog of transportation needs within the state, but believe that a comprehensive funding.solution for all transportation modes is • 04/29:93 1J:28 W503 37b 5tl59 WJ 993 •l . required to achieve an efficient transportatlon system that Is not In continual danger of falling further and further behind; and WHEREAS,the Transportation'93 Oommtttee•-an alliance of state and local governments, other transportation providers, business and civic leaders,.and transportation construction and user groups—has developed and put before the 1993 Legislature a package of legislative measures that would Initiate the OTP and provide sources of funding to begin Its implementation; and WHEREAS,the cities of Oregon believe that the OTP and the proposed legislative funding package represent prudent public policy. NOW,THEREFORE,be it resolved that the City of supports the Oregon Transportation Plan and the funding proposal now befors the 1993 Legislative Assembly and strongly urges the Legislature to provide adequate funding sources to Implement the OTP, not just to preserve and maintain the past investment in transportation Infrastructure, but to extend and expand that Infrastructure to create the Integrated,multi-modal transportation system needed In the State of Oregon. 0 v mO u m o m 0 m H w o m v f--1" y "d n a `m m n m N T^o C. � wan (D m .0 JO c Dm a , 0 w m Q ` cw a � F o p o m J Z CD 0 ^ O o m C') n om co y -�•'i J 3 J U) J J N N y ^ y C7 CO O y O % 7 O N o Z w w w w w w w n 2 (o J .i 7 y j f0 O' J•N � m � N w v cs ad d N a a c m N n m O N O O O O O O O O N } N C n A A 7 t0 m n EA _ EA 61) d O A {] w (T m N t S] A Q. Q O O O O A V 0 0 . � n O to O w w N 0 p yya n 'J D X O W Z 0 O C O A A N f1 m A m A y 0 w w w — D C 1 O V N 0 N O [.J N w O N A \ A N A N A A 0 A m m N n (O m w w w m J m . V N N j W N N pOj m0 co ? 01 0 V fJ W O A m A m A p J w y co c Ni Vy N A co A d 0) 0) .G O A N O m O , O w co � co O O V O A O m O Z-4 - la w w w ^ D O co ro ca O 0 CD A A m A m A w A J w CD N fA j ON O O O 0) IV . J o m A CD A m w J (D w N ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 10. 110. 020.B, 10. 110. 030.A, 10. 110. 030.B, 10. 110.040.A. 1 AND ADDING SECTION 10. 110. 020.J OF THE ASHLAND MUNICIPAL CODE TO PROHIBIT DISCRIMINATION IN HOUSING BASED ON SEXUAL ORIENTATION. ANNOTATED TO SHOW DELETIONS AND ADDITIONS. DELETIONS ARE LINED THROUGH AND ADDITIONS ARE SHADEA:• THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 10. 110. 020. B of the Ashland Municipal Code is amended to read:- B. "Discrimination" or "discriminatory housing practice" means any difference in treatment based upon race, color, religion, sex, sexual orientation, national origin;; dzs ,zt or familial st taus or any act that is unlawful underth `s ordinance. SECTION 2 . The following subsections J and K are added to Section 10. 110. 020 of the Ashland Municipal Code: J. "D:lsabal.�ty" mans a physlaal Ar irienta� A. 01 which subsantlal;Iy lim. ts Lane: tar more major life` " " ' "�;tsabi�.kty" incl! ldes having 7:`�cOXd �f an zartpalrmen or :being regardei as having such an' "Sexual -orietatzan" ,means attract; ob Ei o selection of a seeual partneraccardnq to gender:: '°Sexual; Qrataien?' incicdes hayg ai histgxy oP .khat atract3cstt ox selecticn, Sar being' Id etzfaed. wzth ':that attraction or: ` Ct� ariep ation" 15 1111iteG q: heterosexuality, .homosexuality:, and1} zsexu.&1 t. SECTION 3 . Ashland Municipal Code Sections 10. 110. 030.A and 10. 110. 030.0 are amended and Section 10. 110. 030.F is added as follows: 10. 110. 030 Unlawful practices. In connection with any of the transactions set forth in this section which affect any housing accommodation in the open market, or in connection with any public sale, rental or lease of any housing accommodation, it shall be unlawful within the City of Ashland for a person, owner, financial institution, real estate broker or real estate salesman, or any representative of the above, to: A. Refuse to sell, rent or lease, or deny to or withhold any housing accommodation from a person because of race, color, religion, aaeestr--national origin, dzsabzlit , se orientation or familial status; or PAGE 1-ANNOTATED ORDINANCE (p:ord\mxorim.Ano) C. T-e--r-Represent to a person that any housing accommodation is not available for inspection, sale, rental or lease when in fact it is so available, or to refuse to permit a person to inspect any housing accommodation on the open market because of race, color, religion, er national origin, orientation.' .. or familial status; F. . Tnquirento the .... ....... orientation................ ...... see 0 08 '4a h . "ep i--' r."o P 0 y tq SECTION 1. Section 10. 110. 040.A. 1 of the Ashland Municipal Code is amended to read: .10. 110. 040 Exemptions. A. This ordinance shall not apply to: 1. A religious organization, association, or society or any nonprofit institution or organization operating, supervised, or controlled by or in conjunction with a religious organization, association, or society, which limits the sale, rental, or occupancy, of dwellings which it owns or operates for other than commercial purposes to persons of the same religion, or which gives preference to such persons, unless membership in such a religion is restricted on account of race, color, d A national origin ;disability larnilial status. orientation, 1. The foregoing ordinance was first read by title only in accordance with Article X, Section 2 (C) of the City Charter on the day of 1993 , and duly PASSED and ADOPTED this day of 1993 . Nan E. Franklin, City Recorder SIGNED and APPROVED this day of . 1993 . Catherine M. Golden, Mayor Approved as to form: Paul Nolte, City Attorney PAGE 2-ANNOTATED ORDINANCE (p:ordxorim.Ano) • RESOLUTION NO. A RESOLUTION DEDICATING CERTAIN LANDS FOR PARK PURPOSES PURSUANT TO ARTICLE XIX, SECTION 3 OF THE CITY CHARTER. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. That the following lands are hereby dedicated for park purposes pursuant to Article XIX, Section 3 of the Ashland City Charter. 1. "A" Street between 6th & 8th Street. That parcel of land described as Lot 10 of the Railroad Village Subdivision in the City of Ashland according to the Official Plat thereof, now of record in Jackson County, Oregon. 2 . Water Street at Hersey Street. All that land lying between Water Street and Ashland Creek, between Hersey Street and the Southern Pacific Transportation Company right-of-way, excepting therefrom that portion of said land devoted to the Recycling Depot. The foregoing resolution was READ and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland on the day of , 1993 . Nan E. Franklin, City Recorder SIGNED and APPROVED this day of , 1993 . Catherine M. Golden, Mayor Reviewed as to form: pla 00-6;� P ul Nolte, City Attorney (d:Xc u 61N�9I%Aw ts.Pdc) ASHLAND PARKS AND RECREATION COMMISSION CITY HALL ASHLAND, OREGON 97520 488-5340 PARK COMMISSIONERS: �`4+ ''j, KENNETH J. MICKELSEN Director PATRICIA ADAMS - ALLEN A.ALSING r TERI COPPEDGE �4EGG�,.• `• THOMAS W. PYLE WES L. REYNOLDS April 28 , 1993 Honorable Mayor and City Council Members City of Ashland Ashland, Oregon 97520 Dear Mayor and City Council Members: The Ashland Parks and Recreation Commission voted to request that the City Council , as specified by the Ashland City Charter, pass a resolution to dedicate. fbr park purposes two parcels of city- owned property. The first parcel is located between 6th and 8th Streets on "A" Street . The second parcel is on Water Street where the recycling depot is located. The area of this parcel that would be for park purposes is the section next to the recycling depot . Thank you for your consideration in this matter. Sincerely, � CA r -� Patricia Adams, Chair Ashland Parks and Recreation Commission cc: Brian Almquist, City Administrator • Home of Famous Lithia Park • City Attorney City of Ashland (503) 482-3211, Ext. 59 MEMORANDUM May 12, 1993 TO: The Mayor and Council FROM: Paul Nolte SUBJECT: Attached Affirmative Action Resolution and Policy I have redrafted the resolution and policy regarding affirmative action to include sexual orientation. I have renumbered the old policy and cleaned up some archaic language, but the policy is identical to the old on@ other than it now includes sexual orientation. The addition of the words sexual orientation have been inserted in the Affirmative Action Resolution on Page 1, Section E, which explains that the policy of the City is to provide equal employment opportunities for all persons from all segments of the population without discrimination as to race, color, etc. In the Affirmative Action Policy the addition of the words sexual orientation have been added to: Page 1, #1: "POLICY STATEMENT The City of Ashland is committed to the policy of equal employment opportunity (EEO) and shall not discriminate against an employee or applicant for employment because of race,color, religion, sex, sexual orientation, age, marital status, national origin, or mental or physical disability unless based upon a bona fide occupational qualification. This Affirmative Action Program (AAP) describes how the City will take affirmative action to employ and advance in employment, qualified women and minorities as well as offer equal employment opportunity to all." Page 2, Section 4.2.2: "Employment application forms shall contain the following clause: 'The City of Ashland is an equal opportunity employer and shall not discriminate against an employee or applicant for employment because of race, color, religion, sex, sexual orientation, age, marital status, national origin or mental or physical disability unless based upon a bona fide occupational qualification." Page 3, Section 5.5: "Harassment All City employees are responsible for maintaining a work environment that is free of harassment which is based on race, ethnicity, religion, disability, sex or sexual orientation. For the purpose of this plan, harassment Mayor and Council Page 2 May 12, 1993 shall mean unaccepted and/or unwelcome conduct that (1) has the purpose or effect of creating an intimidating, hostile, or offensive work environment, and (2) is sufficiently pervasive so as to alter the conditions of employment. Attachment W%council\af rmact.meml RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND, OREGON, READOPTING AN EQUAL EMPLOYMENT OPPORTUNITY POLICY AND AFFIRMATIVE ACTION PROGRAM FOR THE CITY OF ASHLAND AND REPEALING RESOLUTION NO. 89-35. RECITALS: A. The goal of equal opportunity for all has long been expressed as the American ideal. The City of Ashland functioning through all levels, accepts its legal and moral obligation to society and its citizens and by this resolution sets forth its Equal Employment Opportunity Policy and Affirmative Action Program. B. An affirmative action program must be designed to achieve the purposes of Title VII, i.e., to break down old patterns of segregation and disparity in order to overcome the effects of past or present practices, policies, or other barriers to equal employment opportunity. C. The legislative history of Title VII indicates that Congress intended that voluntary compliance with Title VII be the primary method of eliminating and preventing employment.discrimination. D. The Supreme Court has reaffirmed that compliance with the congressional mandate of 1964 may involve voluntary affirmative action. Such action being designed for the purpose of eliminating and preventing imbalances in traditionally segregated job categories. E. The policy of the City of Ashland, Oregon, is to provide equal employment opportunities for all persons from all segments of the population without discrimination as to race, color, religion, marital status, ago, national origin, sex, sexual orientation or disability, unless based upon a bona fide occupational qualification; with particular emphasis on minorities and women. Ashland's policy is a positive one and consistent with State and Federal laws and orders. THE CITY COUNCIL OF THE CITY OF ASHLAND resolves as follows: SECTION-1 The attached Equal Employment Opportunity Policy and Affirmative Action Program is adopted as the policy and program of the City of Ashland. SECTION 2 The City Recorder is directed to forward copies of this resolution to all City Department Heads, the Board of Directors of the Ashland Community Hospital and the Ashland Parks & Recreation Commission. SECTION 3 The duties and responsibilities allocated within this plan are intended solely for the internal guidance of the City of Ashland. Nothing in this plan creates or authorizes or is intended to create or authorize any past or future private right of PAGE 1-AFFIRMATIVE ACTION RESOLUTION (p:ordlafr ra".r"l action by any individual, group of individuals, organization or corporation alleging non-compliance with this plan or seeking compliance with this plan. SECTION 4 Resolution No.89-35 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND, OREGON, ADOPTING AN EQUAL EMPLOYMENT OPPORTUNITY POLICY AND AFFIRMATIVE ACTION PROGRAM FOR THE CITY OF ASHLAND" is repealed. This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 and duly PASSED and ADOPTED this day of 1993. Nan E. Franklin, City Recorder SIGNED and APPROVED this _ day of 1993. Catherine M. Golden, Mayor Reviewed as to form: Paul Nolte, City Attorney PAGE 2-AFFIRMATIVE ACTION RESOLUTION (r:adWo- actxw) CITY OF ASHLAND • Equal Employment Opportunity Policy and Affirmative Action Program 1. POLICY STATEMENT The City of Ashland is committed to the policy of equal employment opportunity (EEO) and shall not discriminate against an employee or applicant for employment because of race, color, religion, sex, sexual orientation, age, marital status, national origin, or mental or physical disability unless based upon a bona fide occupational qualification. This Affirmative Action Program (AAP) describes how the City will take affirmative action to employ and advance in employment, qualified women and minorities as well as offer equal employment opportunity to all. 2. DESIGNATION OF EEO/AAP OFFICER 2.1. To carry out the letter as well as the spirit of the City EEO/AAP, the City Council appoints the Personnel Director as the EEO/AAP Officer. The EEO/AAP Officer will lead the commitment to maximize equal employment opportunity and take affirmative action for the City of Ashland. 2.2. The duties of the EEO/AAP Officer are: 2.2.1. To assist and counsel all management personnel regarding their EEO/AAP responsibilities. 2.2.2. Counsel minority and women employees on employment matters. 3. MANAGEMENT RESPONSIBILITY It is the responsibility of all supervisory staff and managers to implement the Equal Employment Opportunity Policy and Affirmative Action Program. 3.1. City Administrator The City Administrator shall have overall administrative responsibility for and shall provide positive leadership in implementing the City's Equal Employment Opportunity Policy and Affirmative Action Program. 3.2. Department Heads Department Heads shall assist the EEO/AAP Officer in the identification of problem areas, and formulation of solutions and shall ensure that all supervisors in their department understand the EEO/AAP and the necessity of their support for effective implementation. 4. DISSEMINATION OF EEO/AAP INFORMATION 4.1. Internal Communication 4.1.1. During employee orientation new employees will be notified of the City's commitment to the EEO/AAP. 1-AFFIRMATIVE ACTION POLICY (P:0RMAFRM-ACT.RESJ 4.1.2. At least once a year, a meeting will be set up for all supervisors to review with them their general responsibilities regarding the EEO/AAP. 4.1.3. Required EEO posters and the City's policy.shall be posted on all employee bulletin boards. . 4.1.4. Every employee shall be informed of whom questions can be directed and to whose counsel may be sought should they have complaints regarding City EEO practices. 4.1.5. Every employee shall be personally informed of the existence of the internal grievance procedures set under this plan for handling complaints of discrimination. 4.2. External Communications 4.2.1. All employment advertisements shall contain the words "An EEO/AAP Employer." 4.2.2. Employment application forms shall contain the following clause: "The City of Ashland is an equal opportunity employer and shall not discriminate against an employee or applicant for employment because of race, color, religion, sex, sexual orientation, age, marital status, national origin or mental or physical disability unless based upon a bona fide occupational qualification." 4.2.3. Notification shall be sent to employment sources, including women's and minority organizations informing them of the City's EEO/AAP. 4.2.4. Notice of all regular job openings shall be sent to appropriate sources. 5. PERSONNEL PRACTICES 5.1. Recruitment 5.1.1. Interest in employment opportunities in the City shall be stimulated by our participation in appropriate activities in the local area. 5.1.2. Recruitment trips outside the local area may be made to solicit applications from minorities and women. This may be particularly necessary when recruiting for professional or managerial positions. 5.1.3. Efforts to hire minority and women employees for temporary positions may be made to encourage their interest in full-time employment opportunities with the City. 5.2. Job Analysis and Restructuring 5.2.1. Class specifications shall be periodically reviewed to assure they are related to job content and are set at the minimum level needed for entrance into the job. 522. Where feasible, jobs should be restructured to provide easier access by minorities and women. 2-AFFIRMATIVE ACTION POLICY (P:ORMAFRM-ACT.RES) 5.3. Selection Process 5.3.1. Where appropriate, tests other than paper and pencil varieties may be used. Experimentation with performance testing may be undertaken. 5.3.2. Written tests shall be used as only one of the factors in the selection decision. 5.3.3. Retesting may be permitted as soon as candidates can show reasonable effort to prepare themselves for such a retest. 5.3.4. Open competitive exams shall be scheduled as often as appropriate. 5.3.5. Application blanks and interview questions will be regularly reviewed to ensure all questions not related to job performance or which operate to the detriment of minorities and women are eliminated. 5.3.6. Other selection criteria such as physical or education requirements shall be periodically reviewed, and revised to ensure job relatedness. Specifically this includes, but is not limited to, educational. degrees, years of work experience, etc. 5.3.7. All interviewers shall be carefully selected and instructed. Where feasible, minority or women interviewers should be utilized. 5.4. Promotion, Job Assignment and Discipline 5.4.1. Selection for promotion, job assignment and imposition of discipline shall conform to the practices outlined in the preceding action. 5.4.2. Where feasible, training shall be set up to enhance promotability of minorities and women. 5.4.3. No applicant shall be denied a promotion or job assignment on the basis of any prohibited criteria. 5.4.4. Exit interviews will be conducted in the case of voluntary resignations of minorities and women to see if any factors under our control are responsible for their leaving. 5.5. Harassment All City employees are responsible for maintaining a work environment that is free of harassment which is based on race, ethnicity, religion, disability, sex or sexual orientation: For the purpose of this plan, harassment shall mean unaccepted and/or unwelcome conduct that .(1) has the purpose or effect of creating an intimidating, hostile, or offensive work environment, and (2) is sufficiently pervasive so as to alter the conditions of employment. All managers and supervisory staff are required to take immediate and appropriate corrective action, including but not limited to: affirmatively raising the subject, expressing strong disapproval, and disciplinary action, if appropriate, etc., when informed or otherwise aware of this prohibited misconduct. In addition, managers and supervisors are responsible for following up on the action taken to assure the harassment has been eliminated. 3-AFFIRMATIVE ACTION POLICY (P:0RD1AFRM-ACT.RES) ' 5.6. Training 5.6.1. Whenever the City sponsors any training activity, special attention and consideration shall be given to securing the participation of minorities and women. 5.6.2. Where jobs can be learned in a short period of time, formal on-the-job training programs may be instituted to facilitate the movement of women and minority candidates with minimum qualifications into these positions. 5.6.3. Where formal training is necessary to qualify an individual for a job, in-house training programs may be established. 5.6.4. To the extent feasible, work schedules of minorities and women employees shall be adjusted so as to permit their participation in training programs. 5.6.5. Supervisory training programs shall be conducted to improve supervisory skills relative to working with women and minority employees. 5.6.6. Individual counseling of supervisors by the EEO/AAP Officer shall occur as necessary, particularly for those supervisors responsible for on-the-job training of minorities and women. 5.6.7. Where lack of resources restrict training opportunities that we can offer, we may seek the cooperation of other employers in requesting local educational institutions to set up training programs so as to increase the numbers of qualified women and minorities in the labor force. 5.7. Compensation Pay rates shall be reviewed and adjusted as appropriate, particularly in light of the results of the job analysis, and reclassification, efforts described above. 5.8. Grievance Procedures 5.8.1. Employees shall be.ericouraged to informally seek the advice and counsel of the EEO/AAP officer when they suspect they may have been treated in a discriminatory fashion. 5.8.2. The EEO/AAP Officer shall accept, investigate and attempt to resolve complaints of discrimination from employees or applicants for employment. 5.8.3. Employees covered by a negotiated labor contract containing a grievance procedure may use it in seeking relief from alleged discriminatory practices. 6. OBJECTIVES 6.1. Work Force and Labor Market Analysis The EEO/AAP Officer shall conduct a census once a year of City employees by position classification to assess current utilization patterns for women and minorities and labor market availability. 4-AFFIRMATIVE ACTION POLICY (P:0RD%AFRM-ACT.RES1 6.2. Reporting System • 6.2.1. The EEO/AAP Officer will present a report yearly to the City Administrator to show the current status of the work force as it compares to the previous year and labor market availability. . 6.2.2. This report shall become the agenda for a meeting of top level management. 6.2.3. The EEO/AAP Officer shall prepare and submit the EEO-4 report to the Equal Employment Opportunity Commission. 6.3. Goal The goal of the City of Ashland is to employ qualified women and minorities in all job categories in proportion to their availability in the labor market. 5-AFFIRMATIVE ACTION POLICY (P:ORD\AFRM-ACT.RES) V� of ASN40 #EGO, • May 12', 1993 Q' Brian Almquist; Steve Hall, Paul Nolte rum: James H. Olson, Asst. City Engineer (X�JtQ TERMINATION OF UTILITY EASEMENT ON LOTS, 1, 2 AND 3 , 7 BLOCK 1 OF FRANEVA HEIGHTS SUBDIVISION I. CITIZEN REQUEST Mr. Chuck Butler, et al, have requested the relinquishment of an existing 10 foot wide by 299.29 foot long utility easement located through the approximate centers of tax lots 391E 5CA, 801, 802 and 803 . The lots are owned by chuck and Linda Butler, Ole and Alice -Christiansen and Ronald and Marilyn Bolstad, respectively. Mr. Kurt H. Knudsen, acting as attorney for the above lot owners has prepared. three quitclaim deeds whereby the City would deed all its right title and interest' into that portion of the easement to be terminated. The original deeds have been reviewed by the Engineering Division and have been returned to Mr. Knudsen for some necessary changes in the description. The revised deeds are attached for review by Paul Nolte. II. BACKGROUND In 1965 with the recording of the Franeva Heights Subdivision a 10 foot wide utility easement was created along the westerly boundaries of lots 1 through 7 of block 1. A sewer fine was laid in the easement, southerly from the Wiley Street intersection to a point approximately 30 feet south of the north line of lot 3. This point represented the high point of the sewer line and physical limit of its extension. The remaining 299.29 feet of easement across lots 1, 2, and 3, was unusable for sewer purposes. No other utilities have used the easement since all other services are provided from Thornton Way. In 1985, planning action No. 85-088 added additional property to each of the three lots increasing the lot depth . through to Pape Street. With the longer lot depth the easement crossed the lots nearly through the center which precluded building additions or in Mr. Butlers case the r � Page 2 Easement construction of a swimming pool. The termination of the easement will allow full utilization of the lots. III. ACTION TAKEN On March 4th the City departments and other utility companies were notified of the requested easement termination. It was determined that the only utility in the easement was the City sewer line and the end of the sewer was located approximately 30 feet south of Butlers north line. No objections to the proposed action were received and staff is in support of this request. (see attached memo of 3/4/93) IV ACTION REQUESTED May this requested by placed on the May 18th Council agenda for approval and authorization for the Mayor and Recorder to sign the three attached quitclaim deeds. JHO/td butler.eas e � LOMBARD, KNUDSEN & HOLTEY ATTORNEYS AT LAW BEN "KIP" LOMBARD, JR. 622 SISKIYOU BLVD. MEDFORD OFFICE KURT H. KNUDSEN POST OFFICE BOX 1090 925 WEST BTH ST. ASHLAND,OREGON 975200051 MEDFORD,OR 97501 JUD HOLTEY• TELEPHONE(503)482.9491 TELEPHONE (503) 7738244 Apo AtlIittW To P,xlice In Cep M FAX(503)48 8-3239 FAX(503)7731079 James Olson May 5, 1993 Assistant City Engineer City of Ashland 20 E. Main Street Ashland, OR 97520 RE: Vacation of 101 Utility Easement on Christiansen, Bolstad, ' and a Portion of the Butler properties in Ashland Dear Jim: This letter follows our telephone conversation today regarding arrangements to vacate the ten-foot City utility easement on the Christiansen, Bolstad, and a potion of the Butler properties at the Fravena Heights Subdivision in Ashland. Per our conversation, I understand that you have already run this matter by the pertinent City departments and that each has indicated its approval. What remains is formal City Council approval and execution of quitclaim deeds in favor of the various property owners. Separate quitclaim deeds for each. of the property owners are enclosed. I understand that the City will review the deeds, and, if acceptable, will place this matter on the consent agenda for the next City Council meeting, which is on May 18, 1993. Please let me know as soon as possible if there are any other steps we need to take. We would really appreciate being on the Council agenda for May 18, and would be happy to make changes to the quitclaim deeds or produce any other documents necessary to enable approval on this date. Thank you again for all of your efforts on behalf of the , various property owners. Sincerely, KURT H. KNUDSEN KK:ph enclosures (3 quitclaim deeds) cc: Chuck and Linda Butler Ole and Alice Christiansen Ronald and Marilyn Bolstad QUITCLAIM DEED CITY OF ASHLAND, a Municipal Corporation, , Grantor, releases • and quitclaims to OLE CHRISTIANSEN and ALICE H. V. CHRISTIANSEN, as tenants in common, Grantee, all right, title and interest in and to the following described real property: . The ten foot (1010") public utility easement located along the westerly boundary of Lot 1, Block 1, FRANEVA HEIGHTS SUBDIVISION, as dedicated to the City of Ashland, Jackson County, Oregon, and as recorded ip Volume 10, Page 24 of Plat Records of Jackson County. The true consideration for this conveyance is $0.00. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE . PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. Dated this day -of May, 1993. CITY OF ASHLAND: By: MAYOR By. CITY RECORDER STATE OF OREGON ) as. County of Jackson )This instrument was acknowledged before me on May , 1993, by as of the CITY OF ASHLAND, a Municipal Corporation. Notary Public for Oregon My Commission Expires: STATE OF OREGON ) as. County of Jackson ) ' This instrument was acknowledged before me on May ; 1993, by ; as - of the CITY OF ASHLAND, a Municipal Corporation. - - . Notary Public for Oregon My Commission Expires: After Recording Return To: . Send Tax Statements 'To: LOMBARD, KNUDSEN A HOLTEY No Change Attorneys at Law _ Post Office Box 1090 Ashland, OR 97520 Page 1 - .QUITCLAIM DEED BEN LOMBARD,JR. amnxErauv pwl uzam QUITCLAIM DEED CITY OF ASHLAND, a Municipal Corporation,, Grantor, releases .. and quitclaims to CHARLES L. BUTLER and LINDA S. BUTLER, Husband and Wife, Grantee, all right, title and interest in and to.the following described real property: . . The ten foot (101011) public utility easement located. along the westerly boundary of Lot 3, Block 1, FRANEVA HEIGHTS SUBDIVISION, as dedicated to the. City of Ashland, Jackson County, Oregon and as recorded in Volume 10, Page 24 of Plat Records of Jackson County, excepting the northerly thirty foot (300011) portion thereof. The true consideration for this conveyance is $0.00. THIS INSTRUMENT WILL NOT ALLOW.USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND . REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. Dated this day of May, 1993. CITY OF ASHLAND: By: MAYOR By: CITY RECORDER STATE OF OREGON ) ss. .. County of Jackson ) This instrument was acknowledged before me on May , 1993, by as of the CITY OF ASHLAND, a Municipal Corporation. Notary Public for Oregon My Commission Expires: STATE OF.OREGON ) ss. County of Jackson ) This instrument was acknowledged before me on May , 1993, by as of the CITY OF ASHLAND, a Municipal Corporation. Notary Public for Oregon My Commission Expires: After Recording Return TO: Send Tax Statements To: LOMBARD, KNUDSEN 6 HOLTEY - No Change Attorneys at Law Post Office Box 1090 . . . .Ashland, OR 97520 Page 1.- QUITCLAIM -DEED BEN LOMBARD,JR. . . -aioaxer,v uv rn"M . - Cql uzani QUITCLAIM DEED CITY OF ASHLAND, a Municipal Corporation,, Grantor, releases and quitclaims to RONALD S. BOLSTAD and MARILYN A. BOLSTAD, Husband and Wife, Grantee, all right, title and interest in and to the following described real property: The ten foot (10'0") public utility easement located along the westerly boundary of Lot 2, Block 1, FRANEVA HEIGHTS SUBDIVISION, as dedicated to the City of Ashland, Jackson County, Oregon, and as recorded in Volume 10, Page 24 of Plat Records of Jackson County. - . _ The true consideration for this conveyance is $0.00. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLA'PION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE - PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE . APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. Dated this day of May, 1993. CITY OF ASHLAND: By: MAYOR By: CITY RECORDER . STATE. OF OREGON ) ) ss. County of Jackson ) This instrument was acknowledged before me on May , _. 1993, by , as of the CITY OF ASHLAND, a Municipal Corporation. Notary Public for Oregon My Commission Expires: STATE OF OREGON ) ss. County of Jackson ) This instrument was acknowledged before me on May ; 1993, by as of the CITY OF ASHLAND, a Municipal Corporation. Notary Public for Oregon My Commission ,Expires: After Recording Return TO:.- Send Tax Statements To: LOMBARD, KNUDSEN & HOLTEY No Change Attorneys at Law Post Office Box 1090 ,>-.....,. Ashland, OR 97520 Page 1 - QUITCLAIM DEED . - BEN LOMRARD,JR. - aipwev a ur ' wsrnw0.oansso . - ron aza.n e4,0 0.fy4y � A •a► V 4 N ;` � �i ill pREGO ' 4 March 1993 r�T Steve Hall, Al Williams, Dennis Barnts, Jerry Glossop, Paul Nolte rum: James H. Olson, Assistant City Engineer \ 1t�IjPtt: Vacation of Public Utility Easement I have recently received a request from the owner of lot 801 (499 Thornton), Chuck Butler, for vacation of the 10 foot wide public utility easement which traverses the.center of his lot. Would you please let me know if you are currently utilizing this easement or if you can foresee possible future use for it.. The easement was created on a minor land partition in 1985 and extended through three lots (see attached map). JHO:n%thommo.= Q s F h ' �� ["q t „x e'I�e d� G � n j :9—� 1°� . a I +e•! t '�' ° In al �I i3 ;, ' i c pQ I Q \ �. . Io ^8C , 4g fai a IW tQ co tor .. ._............_.. .«.. ...... _.. i.niw e. 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Z ' S!tlS1 ! °ou sao z ' W n !°ha �� CCVV 3��3 t! t CC$ t! �x2! ` ! `• 5\ 4Y o > aw 4o i� fwZ��Kt ` m °°o ppi r�3yg2tt hi 4' o> =o a t °>. 'k N 3 �lVa 4\� Y.{l yx\+R t"I(a WC`y 6� r w . `a `cT 1°u K`\! iiyy�Ai` ''ppQKCC3$` t nx tE�£av`v'tC�R?LK`y vL4yyy�V�yyyK�ht._z BiQ� g\k� lh \ litlfiL ` hi1 W . Vh21Vt! !ig Rd x • J I � f i�• a .+...�• .... .....r T — I — r Q1 I ` •I a "s` ' 10 vt . c �8 w Y .... y '� � ..• a a.... <.•Mrr•.,W..•' = L—=--- I I � �i�M� 1� � ; � I. � � { I•i h , W PUBLIC NOTICE NOTICE IS HEREBY GIVEN that pursuant to Article X Section 2 (c) of the Ashland City Charter, the Ashland City Council will meet on May 18 , 1993 at 7 : 30 P.M. in the Civic Center Council Chambers, 1175 E. Main Street, to consider the first reading by title only of "AN ORDINANCE AMENDING SECTIONS 10. 110. 020.B, 10. 110.030.A, 10. 110. 030.B, 10. 110. 040.A. 1 AND ADDING SECTION 10. 110. 020.J OF THE ASHLAND MUNICIPAL CODE TO PROHIBIT DISCRIMINATION IN HOUSING BASED ON SEXUAL ORIENTATION". NOTICE IS FURTHER GIVEN that copies of the foregoing ordinances have been furnished to members' of the City Council seven (7) days prior to the foregoing Council meeting, and three (3) copies placed on file in the office of the City Recorder for public inspection during business hours. Nan E. Franklin City Recorder PUBLISH: Daily Tidings May ,8', 1993 �0 (d:%cmdevkode) . t