Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
1993-0615 Council Mtg PACKET
Important: Any citizen attending Council meetings may speak on any item on the agenda, unless it is the subject of a public hearing which has been closed. If you wish to speak, please 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 len th of the aclenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL JUNE 15, 1993 I. EXECUTIVE SESSION: 6: 00 P.M. , Civic Center Conference Room, to consider the acquisition of real property pursuant to",O.R.S. 192 . 660(1) (e) . 41 i II. PLEDGE OF ALLEGIANCE: 7:30 P.M. , Council Chambers III. APPROVAL OF MINUTES: Regular Meeting and Executive Session of June 1, 1993; and Adjourned Meeting of June 2, 1993 . IV. SPECIAL PRESENTATIONS: 1. Introduction by Grace Tapp-Kocks of students who will represent Ashland at annual festival in Guanajuato, Mexico. V. CONSENT AGENDA: 1. Minutes of Boards, Commissions, and Committees. 2 . Departmental Reports - May 1993. 3 . City Administrator's Monthly Report - May 1993. ✓4. Liquor license applications: a. I1 Giardino Restaurant, 5 Granite St. (Full license) 5. Letter from Ashland Parks and Recreation Commission concerning procedure for filling vacancy on the Commission. VI. PUBLIC HEARINGS: 1. Appeal of Planning Commission's decision on P.A. No. 93-020, a request for a Conditional Use Permit for expansion of an existing traveller's accommodation located at 261 W. Hersey St. from four to five units. (Audrey Sochor, Applicant; Gary Brewer, Appellant) n 2 . Adoption of 1993-94 Fiscal Year Budget: �YPi10 - 9.3- a � .a. Reading by title only of a resolution adopting the annual --� D budget and making appropriations. b. First reading and second reading by title only of "An Ordinance levying taxes for the period of July 1, 1993, to cni luding June 30, 1994, such taxes in the sum of $3 ,492,485 upon all the real and personal property subject to assessment and levy within the corporate limits of the City of Ashland, Jackson County, Oregon" . VII. UNFINISHED BUSINESS: 1. Letter from property owners on Clay Street requesting pedestrian access improvements North of Hwy. 66. 2 . Report from City Administrator concerning Medford Growers Market and Code compliance. VIII. NEW & MISCELLANEOUS BUSINESS: 1. Authorization for Mayor and City 'Recorder to sign quitclaim deed terminating easement on Lot 1 in the Railroad Village subdivision. IX. PUBLIC FORUM: Business from the audience not included on the agenda. (Limited to 3 min. per speaker and 15 min. total) X. ORDINANCES. RESOLUTIONS & CONTRACTS: k. Second reading by title only of "An ordinance amending N1 Sections 4 . 34. 010, 4. 34 .020, 4 . 34 .030, 4 . 34. 040, 4. 34 . 050, and 4. 34. 070 to clarify food and beverages subject to taxation and -� modifying collection, reporting and appeal requirements" . 2 . First reading of "An ordinance amending Ashland Municipal Code Sections 10. 30.005, 10. 30. 010 and 10. 30. 050 to permit camp- fires only in designated areas" . 3 . First reading by title only of "An ordinance amending and adding provisions to the impounding vehicles chapter (Chapter 11. 36) of the Ashland Municipal Code to permit impounding for law enforcement purposes and to provide for hearings". qq Reading by title only of a "Reso tion certifying city Qy yo 93- 2s �d provides sufficient municipal services to qualify for state subventions". . 5M Reading by title only of a "Resolution declaring the City's election to receive State revenues" . Reading by title only of a "Resolution amending the pay plan _17 for management and confidential employees for Fiscal Year -�- 1993-94" . XI. OTHER BUSINESS FROM COUNCIL MEMBERS XII. ADJOURNMENT (d:ko dRagmda) I _ MINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL JUNE 1', 1993 CALL TO ORDER: Mayor Catherine Golden called the meeting to order and led the Pledge of Allegiance at 7:30 P.M. on the above date in the Council. Chambers. Laws, .Reid, Hauck, Acklin; Winthrop, and Arnold were present. APPROVAL OF MINUTES: The minutes of the Regular Meeting of May 18, 1993 and Adjourned Meeting of May 24, 1993 were approved as presented. SPECIAL PRESENTATIONS: A proclamation was read declaring June 6-12, 1993 .as "Crosswalk Awareness Week" . CONSENT AGENDA: City. Administrator Almquist asked that item 4) Memo from Fire Chief regarding fire:protection services in unprotected areas be postponed until Fire Chief Woodley's arrival. Winthrop moved to approve the remainder of the agenda as follows: 1) Minutes of Boards, Commissions & Committees; 2) Monthly Departmental Reports; 3) Approval of Mayor's appointments of Lindsay Heard to the Traffic Safety Commission for a term expiring April 30, 1994; and Mark McInteer .to the Bicycle Commission for a term expiring April 30, 1994; 5) Memo from Public Works Dir. requesting a public hearing on July 20, 1993 for adoption of the Water Filter Plan Facilities Plan; 6) Memo from Public Works Dir. concerning continuation of the Wastewater Treatment Plant Facilities Plan hearing to July 6, 1993; 7) Finance Director's. Financial Report for April 1993; 8) Response from Senator Packwood regarding funds for Ashland sewage treatment plant under Economic Recovery -program; 9) RVCOG Director's Monthly Briefing Report. Laws seconded, all AYES on voice vote. NEW & MISCELLANEOUS BUSINESS: Clay St. Residents Request. Reid said . . the residents would like to postpone this. item until June 15th. Planning Commission Request. A 'study session with the City Council was set for June 29, 1993 at 7:30 P.M. Bureau of Labor & Industries. Letter. A letter was received offering to contract with the City to enforce an ordinance prohibiting discrimination, in housing and employment based on sexual orientation or. handicap. Arnold said our ordinance is. set up differently than other municipalities who do contract with this agency, and Ashland is not in need of these services. All agreed to send a letter thanking the Bureau for the offer, and notifying them of Council's decision. PUBLIC FORUM: Don Salls, owner of Puck's Donuts, said the Grower's Market is not complying with the conditions of their Conditional Use Permit. Staff was directed to examine the operations of the Grower's Market and Saturday Market and report back at the next meeting. Regular Meeting - Ashland City Council - June 1, 1993 - P. 1 ORDINANCES, RESOLUTIONS & CONTRACTS: Discrimination in Housing. Second reading by title only of an ordinance amending Section 10. 110 of the A.M.C. to prohibit discrimination in housing based on sexual orientation and disability. Sherman Gardner, an Ashland landlord, said he feels this is against the law and violates Article 1 Section 10 of the Constitution and Section 207 of the Universal Commercial Code. Arnold moved adoption of the ordinance, Hauck seconded, all YES on roll call vote. (Ord. 2713) open Space Designation. Second reading by title only of an ordinance amending the Comprehensive Plan Map modifying the designation of property at 675 Carol St. from Single Family Residential to Open Space. On a question from Winthrop, Planning Dir. McLaughlin said applicants will be required to address criteria in the Comp. Plan in their initial application. Hauck moved adoption, Arnold seconded, all YES on roll call vote. (Ord. 2714) Food & Beverage Tax Modifications. Finance Dir. Turner met with restaurant owners, which resulted in the proposed amendments. She urged passage of the amending ordinance. Michael Gibbs, owner of Winchester Inn, does not feel room rental rates should be included in taxable items. Don Salls, Puck's Donuts, said gas stations which sell espresso should also be taxed. City Attorney Nolte noted that establishments with restaurant or combination facility licenses are subject to the tax. Russ Silbiger, Cafe 24, agrees .with most of the amendments but does not feel gratuities should be taxed. Winthrop said he does not feel the voters' intent was to charge the tax on gratuity or room rental fees. Reid agreed. The manager of Cook's Tavern said that in addition to alcohol they sell chips and nuts, coffee and soda, and asked to be exempted from the tax. Arnold recommended an exemption for establishments which do not exceed a certain amount in sales of taxable items. Nolte said this will be presented at second reading of the ordinance. Acklin moved to amend Subsection 4. 34. 030.J. to include "chips" and delete the word "pea" in peanuts. Reid seconded, all AYES on voice vote. Winthrop moved to amend the proposed language in Subsection 4.34. 020.B to end the first sentence with ". . . for the meal. " ; and retain the second sentence. Arnold seconded and the motion passed with Laws dissenting. Winthrop moved the ordinance to second reading, Laws seconded, and the motion passed on roll call vote with Acklin dissenting. Water/Sewer Rates. A resolution was read by title only amending Resolution Nos. 92-55 and 92-58 setting water and sewer rates pursuant to Sections 14. 04. 030 and 14 .08.035. of the A.M.C. Winthrop noted that this cancels an increase in fees. Acklin moved adoption, Laws seconded, all YES on roll call vote. (Reso. 93-20) Canvass of Vote. A resolution was read by title only declaring the canvass of the vote at the election held in the City of Ashland on May 18, 1993 . Hauck moved adoption, Arnold seconded, all YES on roll call vote. (Reso. 93-21) Regular Meeting - Ashland City Council- June 1, 1993 - P. 2 1 - Transfer of Appropriations. A resolution was read by title only transferring appropriations within funds. Acklin moved adoption, Winthrop seconded, all YES on roll call vote. (Reso. 93-22) Electric Rate Revision. City Admin. Almquist said this increase is recommended in the 1993-94 budget and is partially due to an increase in BPA's rates, partially to inflationary costs in the Electric Department, and includes Ashland's share of the substation. Dr. Joe Eckhardt, 108 Bush St. , expressed concern about an increase in the utility tax and obtaining more input from citizens. Reid explained that the increase is on the base electric rate, not the utility tax; and Golden said this issue was discussed in Budget Committee meetings which are open to the public. A resolution was read by title only revising rates for electric service pursuant to Section 14 . 16. 030 of the A.M.C. Acklin moved adoption, Hauck seconded, all YES on roll call vote. (Reso. 93-23) CONSENT AGENDA: (Continued) . Item 4) Memo re: fire protection services in unprotected areas. Dr. John Maurer, 1085 Elkader, asked for a retraction from Fire Chief Woodley, concerning Woodley's statement that Maurer said he wants the City to provide him service at no charge. He said he has removed slash and fire fuels from around his property and asked that the Council consider the City's responsibility for fire protection in that area. On a question from . Winthrop, Maurer said he would rather spend money on fire prevention than protection from Jackson Co. Fire Dist. 5. Woodley said his conversation with Maurer is accurately reflected in his memo to Council, his department acted in good faith in responding to the fire on Maurer's property on May 10th and they had a legal right to be there. The 40 acres owned by SOSC was mentioned and Law said a strong message should be sent to the College concerning fire prevention maintenance of that area. Claude Curran, a member of the Forest Lands Commission, said .there are programs and agencies which will work with property owners. in fuel . reduction in the interface areas; and which might provide assistance to them during slash burning, e.g. pumpers available. Acklin said the Forest Lands Commission might make a policy recommendation to the Council on the liability of property owner's and the City's involvement in this issue. OTHER BUSINESS FROM COUNCIL MEMBERS: Arnold. said a Community service Volunteer is working on the Comprehensive Housing Affordability Strategy, and October 1 is the target date for completion. Winthrop noted a meeting set for 8: 00 A.M. on June 2nd regarding the WWTP Facilities Plan. ADJOURNMENT: The meeting adjourned at 9:55 P.M. to June 2nd at 8: 00 A.M. Nan E. Franklin Catherine M. Golden City Recorder Mayor (dAmin\6-1-93) Regular Meeting - Ashland City Council - June 1, 1993 - P. 3 MINUTES OF THE ADJOURNED MEETING ASHLAND CITY COUNCIL JUNE 2, 1993 CALL TO ORDER: The meeting commenced at 8:20 A.M. on the above date in the Council Chambers. Laws, Reid, Hauck, Acklin, Winthrop, Arnold, and Golden were present. INTRODUCTIONS: Public Works Dir. Hall introduced Al Cook, Oregon Department of Water Resources, Dick Nichols and Neil Mullane from the Oregon Dept. of Environmental Quality, and Stephanie Burchfield from Oregon Dept. of Fish & Wildlife. DISCUSSION: Nichols said they recognize that the effluent limitations are stringent, that Ashland's effluent adds a substantial amount of flow in Bear Creek, and their goal is to come up with ideas on maintaining creek flows. Cook said they recognize that Bear Creek is over appropriated and complex to manage, facilitating water exchanges will include dealing with complex water rights issues, and using uncontracted municipal and industrial water is a more favorable alternative. There are 2200 acres of M & I set aside at Howard Prairie. Burchfield, said the state agencies are working together to deal with water quality and quantity but have not come up with a solution. Acklin said coordination between the agencies was requested 3 years ago, mixed messages are being received, and Ashland needs direction from the State. Reid said this issue affects the whole valley and it would be foolish to make a decision on an artificial deadline. Golden said other areas probably create a greater problem cumulatively than Ashland. Nichols said non-point sources are more difficult to regulate than point sources. Public Works Dir. Hall said phosphorous is a major part of the problem in meeting TMDL levels, and questioned the possibility of a lab experiment which would include leaving the water in the stream and meeting all but the phosphorous standards. He asked if the concern is the overall health of the environment or meeting numbers. Laws said the DEQ has been sued by environmental groups and told by the courts that the streams have to be cleaned up, and sometimes decisions have to be made on the best information available at the time. Mullane said changing standards is not easy, new ones have to be approved by the EPA. Arnold said Ashland has to begin with a process geared to solving the standards problem. Acklin asked if a petition could be filed with the judge to get relief from the strict deadline Ashland is under. John Holroyd, Brown & Caldwell, said over one third of the cost of all improvements will be in meeting the phosphorous levels, phosphorous is not commensurate with passive systems,.and he does not believe the level of 0.08 is real or attainable. Nichols said it is not Ashland's obligation to find water, and it will be difficult to approve a facility plan which does not meet the standards. Winthrop said maybe the flow should be dealt with first and the standards recalculated. Acklin said one alternative is to ask for relief from the court and consider ideas not fully explored yet. Nichols said the NEDC would characterize this as footdragging. The State representatives were thanked for coming to Ashland to discuss this. ADJOURNMENT: The meeting adjourned at 10:15 A.M. Catherine Golden, Mayor Donna O'Connor, Exec. Secretary ASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES MAY 11, 1993 CALL TO ORDER The meeting was called to order by Chairperson Barbara Jarvis. Other Commissioners present were Hibbert and Cloer. Staff present were McLaughlin, Molnar and Yates. TYPE II PUBLIC HEARINGS PLANNING ACTION 93-045 REQUEST FOR A MINOR LAND PARTITION TO DIVIDE A PARCEL INTO THREE LOTS. PARCEL 2 WOULD BE ACCESSED BY A FLAG DRIVE FROM PINE STREET. APPLICANT: STEPHEN CARY Site Visits and Ex Parte Contacts All Commissioners made a site visit. STAFF REPORT This action was approved administratively in March and the action was called up for a public hearing by neighbors. The lot is over 26,000 square feet with double street . frontage (Granite and Pine) with the existing house accessing from Pine Street. The application involves splitting the parcel into three lots. Since the original approval, in reviewing, Staff made a large error by overlooking the need to process this application with a Variance. Without the Variance, a lot would be created with a width greater than the depth. This application will require re-noticing. Staff believes it would be difficult for the applicant to justify a Variance. Staff would recommend the applicant come back next month with a modified plan showing two parcels. Jarvis noted there are two items that need to placed in the record from Christopher Reed and Garrison Turner. PUBLIC HEARING DAVID EDWARDS, 823 W. 8th, Medford, representing the applicants, told the Commission that during the pre-application conference on March 2, 1993 Staff indicated everything looked good. On March 17th, the applicants received preliminary approval from the Planning Department. Since that time, the Planning Department has received letters from the neighbors and also discovered the partition would create a lot with the width being greater than the depth. This portion of the ordinance is buried at the end of the R-1 section. The applicant's intention was to maximize the use of his property. The opponents of urban sprawl should be excited about this development, however, one sentence may preclude the applicant's from doing this. They were not apprised of this at the time of application. The partition would make parcel three 93 feet deep and approximately 104 feet wide. Edwards prepared a revised site plan showing a division of the property into two parcels. He entered the map as an exhibit and requested approval of this map at this hearing today. McLaughlin said the submittal of the map constitutes new evidence and would open the door for a request for continuance of the hearing. Staff would like an opportunity to review it first. McLaughlin said the map could be approved,at this meeting, then re- noticed, showing it was approved, subject to someone requesting the hearing be re- opened. Edwards showed the new map to the Commissioners. He explained that the flag was eliminated, leaving a large building envelope. The mutual access would remain. The parcel on Pine has been designed slightly deeper than wide. GARY TURNER, 110 Pine Street, asked that if a decision is made, that the record remain open. He submitted comments.on behalf of his wife and other neighbors. He has not had a chance to discuss the new proposal with any of his neighbors. Turner believes the rule about greater width than depth is appropriate so houses are not crammed into lots. He would object that this be heard now. Why didn't the applicant submit the proposed map sooner? ELLEN WRIGHT, 97 Pine Street, agreed with Turner's comments. If the new plan creates two lots, Wright doubted she would have any problem with approval. JUDY MAXWELL, 101 Pine Street, agreed with Staff's proposal for a two lot division. EDWARDS wondered about Turner wanting the record to be left open. Jarvis responded that any evidence he wished to be added, the record can be left open for up to seven days. McLaughlin said the overriding point is State Statute which allows anyone to request the record remain open for seven days if new information is submitted. This leaves the door open to request a continuance to allow them an opportunity to review and make sure it meets the requirement. Cloer wondered if there was any essential reason to make a decision today. Edwards said time is valuable for everyone involved. ASHLAND PLANNING COMMISSION 2 HEARINGS BOARD MINUTES MAY 11,1993 i It was the consensus of the Commissioners that three lots would not be approved, therefore, Edwards agreed to a continuance until next month and waived 120 day rule decision limit. This item will be first on next.month's agenda and will be re-noticed. The hearing will remain open. PLANNING ACTION 93-066 REQUEST FOR A CONDITIONAL USE PERMIT FOR A TEMPORARY USE TO OPERATE AN OUTDOOR PASTA CART LOCATED AT 372 E. MAIN STREET. APPLICANT: DAN SHEPHERD Site Visits and Ex Parte Contacts Cloer had no site visit. Hibbert and Jarvis had a site visit. STAFF REPORT This is the first application of this kind at this end of town. The Downtown Plan encourages this type of proposal. The applicant is asking to place a portable cold pasta bar that is similar in size and scale to the espresso cart on the Plaza. The cart would be located in the existing parking lot. There is no parking requirement in the downtown overlay. After reviewing, Staff has recommended approval and has asked the applicant to keep the seating more in scale with the area with only eight to ten chairs. The cart should not block the access off East Main Street. PUBLIC HEARING STEVE WILLING, owner of Main Street Laundromat, commented that the drawing in the.packet is way out of scale. The proposed cart is directly in front of the curb cut. Willing said it will be difficult for cars to back out of the lot. It is dangerous to pedestrians and bicycles. The lot is poorly paved and is unlit. The Gresham Street-- East Main intersection is a sensitive area too. -He suggested an alternate placement of the cart toward the back of the lot between Sports, Ltd. and the proposed Garo's Restaurant and eliminate the seating. The parking lot is heavily used and he would like to require the lot be lit. He requested approval of the CUP until the end of October and review at that time. He asked the Commission to move with caution and sensitivity. Hibbert wondered if there was adequate space to move the entrance to the parking lot closer to the corner. The applicant was not present to answer questions. Hibbert asked for a continuance. ASHLAND PLANNING COMMISSION - 3 HEARINGS BOARD MINUTES MAY 11,1993 ROGER LEDBETfER, owner of the building across the street, stated that there has been food service in his building in the past and he hopes to have it in the future. He noted the cost of setting up a business within a building and felt it would be grossly unfair for someone to compete with a cart owner who doesn't have the same set-up fees. Ledbetter is also concerned about getting more pedestrians to this area, but not this way. He too is concerned with the parking lot. He felt a precedent was set with the espresso bar, however, it is on a stationary platform. He is concerned with trash that could accumulate with this use and that the trash will probably end up on his property because there are benches there. Jarvis asked Staff for measurements. McLaughlin had only the information supplied by the applicant and suggested a continuance to obtain the measurements of the curb . cut and entry. Hibbert moved to continue the hearing. Cloer seconded the motion. This action will be heard on June 8, 1993 at 1:30 p.m. and the hearing will remain open. This will not be re-noticed in the mail. TYPE I PLANNING ACTIONS PLANNING ACTION 93-061 REQUEST FOR A CONDITIONAL USE PERMIT FOR A TEMPORARY USE TO OPERATE AN OUTDOOR MARKETPLACE CONSISTING OF ARTS, CRAFTS, AND MUSIC LOCATED IN THE NORTHEAST CORNER OF THE ELKS PARKING LOT AT SECOND STREET AND LITHIA WAY. MARKETPLACE TO OPERATE WEEKENDS MAY THROUGH OCTOBER. APPLICANT: JUDIE BUNCH/ASHLAND MARKETPLACE Cloer abstained because of a conflict of interest. Hibbert is a member of the Elks but was not familiar with this action, therefore, believed he had no conflict. A letter was submitted today by Trinity Episcopal Church withdrawing their letter to call this up for a public hearing. Staff has recommended review of this after a year. This action was approved. ASHLAND PLANNING COMMISSION 4 HEARINGS BOARD MINUTES MAY.11,1993 PLANNING ACTION 93-062 REQUEST FOR MODIFICATION OF SOLAR SETBACK TO STANDARD "B" FOR LOTS 5, 6, & 7 OF ROCA CANYON SUBDIVISION LOCATED AT 772, 780, & 792 ROCA STREET. STANDARD "B" ALLOWS FOR A 16' HIGH SHADOW AT THE NORTHERN PROPERTY LINE, COMPARED TO A 6' SHADOW CURRENTLY ALLOWED UNDER STANDARD "A". APPLICANT: CHARLES HAMILTON This action was approved. PLANNING ACTION 93-063 REQUEST FOR A CONDITIONAL USE PERMIT AND SITE REVIEW TO CONVERT AN EXISTING NON-CONFORMING GARAGE TO AN ACCESSORY RESIDENTIAL UNIT TO BE LOCATED AT 350 AVERY. APPLICANT: BILL AND KARI TUCK Don Paul, Fire Department, mentioned that the proposed structure will be reviewed for fire wall requirements because of its proximity to the property line. This action was approved. . PLANNING ACTION 93-064 REQUEST FOR A CONDITIONAL USE PERMIT AND SITE REVIEW FOR A FIVE- UNIT TRAVELLER'S ACCOMMODATION TO BE LOCATED AT 228 B STREET (PELTON HOUSE). APPLICANT: JOHN FERGUSON This approval is for four units and in addition, the owner's unit. This action was approved. ADJOURNMENT The meeting was adjourned at 2:50 p.m. ASHLAND PLANNING COMMISSION 5 HEARINGS BOARD MINUTES MAY 11,1993 ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES MAY 11, 1993 CALL TO ORDER The meeting was called to order at 7:05 p.m. by Chairperson Barbara Jarvis. Other Commissioners present were Carr, Armitage, Bingham, Medinger, Cloer, Hibbert, Powell and Thompson. Staff present were McLaughlin, Molnar and Yates. ELECTION OF OFFICERS Hibbert nominated Jarvis for Chairperson and Carr seconded the nomination. It was . moved, seconded and approved that the nominating ballot be the electing ballot. Carr nominated Armitage for Vice Chairperson and the nomination was seconded. It was moved, seconded and approved that the nominating ballot be the electing ballot. Carr and Bingham were nominated 2nd Vice Chairpersons and the nomination was seconded. It was moved, seconded and approved that the nominating ballot be the electing ballot. APPROVAL OF MINUTES - HEARINGS BOARD Powell moved and Carr seconded to approve the Minutes of the April 13, 1993 Hearings Board. APPROVAL OF MINUTES - REGULAR MEETING Carr moved and Powell seconded to approve the Minutes of the April 13, 1993 Regular.Meeting. FINDINGS FOR REGULAR MEETING The Findings will be adopted later in'the meeting. ASHLAND PLANNING COMMISSION. 1 REGULAR MEETING -MAY 11,1993 MINUTES PUBLIC FORUM 1) Carr requested that a hand microphone be used at the podium instead of the stationary microphone because she has noticed while watching public meetings on Cable Access that she cannot hear any sound coming from the microphone at the podium. McLaughlin said a hand microphone had been ordered and he would look into it. 2) The Commissioners decided to use time cards to indicate to those giving testimony how much time they have left. Bingham was selected as tonight's timekeeper. TYPE II PUBLIC HEARINGS PLANNING ACTION 93-050 REQUEST FOR OUTLINE PLAN APPROVAL OF A 32-LOT SUBDIVISION LOCATED AS A WESTERLY EXTENSION OF MILL POND ROAD CONNECTING WITH FORDYCE STREET. Site Visits.and Ex Parte Contacts Medinger stepped down during the hearing. Carr, Cloer, Hibbert, Powell, Jarvis, Armitage, and Bingham had a site visit. Bingham had a discussion with Gary Schrodt about drainage in the area. Thompson had a site visit and noticed the flat area with a slight slope and drainage in the middle. STAFF REPORT This action was reviewed last month and was re-noticed because of a slight change in the plan. The applicant is proposing a 32-lot subdivision. There are two major differences between the old plan and the current plan. The new plan has reduced the drainage crossings from two to one. Also, Evan Lane is no longer a dead end but goes through to Fordyce. One issue raised at the last meeting concerned the streetscape and the Commissioners suggesting off-setting the garages, combining some driveways, and perhaps serving lots 11 and 12 with driveways off Evan Lane. Another issue raised was the common open space. In the previous plan, it appeared that a significant amount of open area would consist of the drainage channel itself, therefore, the Commission suggested that the applicant incorporate decking in the area as well as a pedestrian bridge across the channel to allow access across the ASHLAND PLANNING COMMISSION 2 REGULAR MEETING MAY 11,1993 MINUTES ditch. The Capital Improvement Plan has allowed for channel improvements along the drainage. Staff has recommended approval of this application with the attached 12 Conditions. There were two exhibits on the board. Carr mentioned that on her map, along Mill Pond Road (near parcel 4) parking spaces are shown that do not now appear on the open space map. PUBLIC HEARING LARRY MEDINGER, 295 Iowa, answered Carr's question by stating that the parking spaces used up some natural useable area and in reviewing, there were enough parking spaces to meet the requirement, therefore they are deleted on the landscaping plan. Medinger said he generally agreed with all planning recommendations. He would prefer that in Condition 4 that the subdivision as a whole sign in favor of future improvements to Fordyce. Medinger explained that with regard to Condition 5, the master storm drain plan, Medinger talked to Jim Olson, Engineering, who said the drain sizes are being refigured. The plan will be changed somewhat with only a limited amount of water coming down the channel. Medinger is concerned that in Condition 5 the wording sounds like the subdivision will pay for the improvements. Accordingly, he has proposed new wording for that Condition in the record. Jim Olson is having a meeting soon with neighbors along the creek to discuss what is going to happen. It should be clear by next month as to what is going to happen. Medinger discussed how open spaces are used and drew on his experiences with Jessica Lane and Mill Pond. Common areas have several different uses that are "real" uses. People tend to like places of sanctuary or refuge--just a place to sit. A good open area gives some open site lines around significant features in the landscape, such as water. There is an opportunity in this case to improve stream quality and use as a wildlife refuge and food for wildlife. Children use open areas. The open space areas are rarely used for neighborhood gatherings. He does_not see the purpose of a deck. Armitage asked Medinger the size of the park area. Medinger said it was seven percent of the total area. ASHLAND PLANNING COMMISSION 3 REGULAR MEETING MAY 11,1993 MINUTES RICK LANDT, 487 Rock, Environmental Planner for Medinger, said that in looking at this area, he thought the best approach was to preserve the existing features. Underneath the blackberries, there is a lovely little creek in the drainage. The existing trees are assets. The soils are riparian and do not occur in a moment nor can they be replaced in a moment. The goal would be to protect all the existing trees, wherever possible and create an environment for maximizing revegetation. Landt will want-to minimize erosion and excavation in the riparian area and keep heavy equipment from the area. They will be planting with appropriate plants and trying to cover the area on the edges of the creek wherever possible. There will be trees on the six-foot wide street parkrows. They will be using a number of different species but using with continuity. The trees to the south of most of the houses, are trees from the City's tree guide for solar friendly trees. Bingham wondered if they were going to be adding any trees along the creek. Landt said until the engineering happens, they will not know how many trees they will need to plant, but they will add them, as necessary. HERMAN SCHMELING, 492 Fordyce Street, lives in the county with his neighbors residing in the City. He has numerous problems with garbage, electrical fences cut without prior notice, and problems with drainage and flooding. Since the Cota subdivision was granted, he has been flooded three times. His property was flooded in the major flood, of 1974. In between 1974 and two years ago with the Cota subdivision, he had never been flooded. Flooding creates large gouges in his yard and flooding in his basement. If Medinger is permitted to put a diversionary 10-12 inch pipe, Schmeling needs to be informed. Though Schmeling is aware of the City's plan to improve the storm drain system, he is very concerned about the impervious surfaces that occur with each development. Schmeling was concerned that he be notified of any changes or slight modifications in plans that may not go before the public. If any changes in this area occur and it includes a diversionary pipe into the TID water along Fordyce, he would ask that it go before the public. McLaughlin would recommend that these suggestions are considered and Schmeling's thoughts are taken to the City Engineer. He also told Schmeling there would be a neighborhood meeting soon. GARY SCHRODT, 526 Fordyce, property owner on Fordyce and Chairman of the Ashland Wetlands Coalition, noted that he also gets badly flooded during a heavy rain. He believes there is more water during a heavy rain because of the increased development upstream. In development of a master plan, Schrodt would strongly urge ASHLAND PLANNING COMMISSION • REGULAR MEETING MAY 11,1993 MINUTES preservation of the riparian values as much as possible through the use of screening material to hold turf or rock. He does not want the drainage area lined.with concrete, but retained in a natural state. DEAN PHELPS, 1383 Oregon Street, was speaking on behalf of the landowner on Romeo Drive, Betty G. Kansala. She bought the lot when it was a cul-de-sac and he can see with the Eidman application that Romeo Drive would no longer be a cul-de- sac as she had expected it would always be. McLaughlin explained that when Romeo Drive subdivision was developed, it was designed to connect with Mill Pond as per the subdivision plat. Also, the application for Eidman involves an accessory unit. Only if she wanted to divide her property, would she be required to dedicate an area for a street. McLaughlin stated that with regard to the proposed wording of Condition 5, he would be hesitant to accept Medinger's wording without-first discussing it with the City Engineer. He liked the proposed wording at the beginning of Condition 5, "That the Mill Pond Road creek crossing and culvert be designed and constructed by the applicant consistent with flow rates in the City's Storm Drainage Master Plan". MEDINGER is still concerned with the wording. He does not mind taking care of his own subdivision, but does not want to take care of the drainage from above. That should come from the capital improvement funds. Schmeling brought up a good point about storm drains. Medinger said they could move storm drains to flow into the creek, rather than down Fordyce. There is subsurface water all through the area and they would make sure it was a couple feet below the surface. McLaughlin suggested additional wording on Condition 5, "Construction responsibilities to be determined by Public Works at the time of final plan." McLaughlin recommended the following wording for Condition 5: "That Mill Pond Road creek crossing and culvert be designed and constructed by the applicant consistent with flow rates in the City's Storm Drainage Master Plan and that the drainage channel be modified to comply with the City's Storm Drainage Master Plan for the area. All channel improvements to be reviewed and approved by the Public Works Department prior to signature of the final survey plat. Construction responsibilities to be determined at the time of final plan in cooperation with the Public Works Department." ASHLAND PLANNING COMMISSION 5 REGULAR MEETING MAY 11,1993 MINUTES COMMISSIONERS DISCUSSION AND MOTION All Commissioners were in agreement that there was not any evidence presented that would show that the applicant has not met the criteria. Thompson agreed with the applicant that in Condition 4, delete the first portion of the sentence and it would read: " That the subdivision as a whole, sign in favor of future improvements to Fordyce Street, including curb, gutter, paving sidewalks and storm drainage". Thompson also thought in Condition 11, it should read: "That a size and species specific landscaping plan for the common open space area be submitted, including a pedestrian bridge across the drainage channel at the time of Final Plan approval. Bingham moved to approve 93-050 with Thompson's changes to Conditions 4 and 11. Also, with McLaughlin's last change to Condition 5. Carr seconded the motion and it carried unanimously. PLANNING ACTION 93-053 REQUEST FOR SITE REVIEW FOR THE CONSTRUCTION OF FOUR TOWNHOUSES TO BE LOCATED AT 230 VAN NESS. AUTO AND PARKING ACCESS TO BE VIA THE ALLEY AT THE REAR OF THE PROPERTY FROM LAUREL STREET. PEDESTRIAN ACCESS PROVIDED FROM NEW TOWNHOUSES TO VAN NESS VIA FLAG DRIVE. APPLICANT: DARRELL A. BOLDT Include in the record the Historic Commission Minutes, a memo from the Planning Staff, and a letter from Gary Brewer. Site Visits and Ex Parte Contacts —Carr had a site visit along Van Ness and the alley. —Armitage had a site visit and conversation with Victoria Duremis who lives north and east of the property along the alley. They talked about alley width and her property line. Her fence was not on her property line. She was concerned about the alleyway and trees, particularly a large box elder on the northeast corner of the property where the townhouses are to be located. Armitage also had a conversation with a woman at 230 Van Ness. She hoped a paved alley would not go through her, front yard. —Bingham had a site visit. —Medinger had a site visit and noticed the same large tree. He.saw it was preserved on the landscape plan. —Cloer had a site visit and talked with Gary Brewer who gave an oral version of his ASHLAND PAWNING COMMISSION 6 REGULAR MEETING MAY 11,1993 MINUTES letter presented tonight. Brewer is concerned with the traffic load to be generated by improvement of the alley and increased speeds, not necessarily the impact of just the townhouses. After Cloer viewed a flag drive east of this property, he feels that paved flag drives accessing the rear of property ruin the streetscape. Cloer noted Brewer was unable to attend the meeting due to the death of his grandmother. —Hibbert had a site visit. —Powell had a site visit along the alley and Van Ness. —Jarvis had a site visit and her concerns are indicated in the memo prepared by the Planning Staff. STAFF REPORT This lot was created in 1992 by a Minor Land Partition, creating a flag lot with the flag off Van Ness to the rear. The applicant is proposing four townhouse units, the base density. The issue of design has been addressed through the Minutes of the Historic Commission and the applicant will speak to design. The main issue appears to involve appropriate access. Is it the alley that serves the rear or is it more appropriate to use the flag drive? Staff has recommended the alley is the choice for parking access in that it is already an existing designated use for the automobile. It has served in the past for access to these areas. The parking off the alley can be used most efficiently with the least amount of asphalt. The concern with using the flag drive for access is that it would considerably increase the amount of asphalt used for parking and backup space besides the improved area of the flag. The concerns of the neighbors should be addressed also. There are no established criteria for the capacity of an alley. The capacity is limited by the number of lots that can be developed. Staff believes this alley will function as an access to the rear of these parcels, not a through street. There are some points such as privacy on an alley that should be considered as well. Powell wondered about the status of the alley off Skidmore. McLaughlin checked with Pam Barlow, Public Works, and she said they would be reviewing it again. Traffic Safety has expressed, initially, opposition to putting up any barriers. Jarvis was looking for a definition of a flag lot and wondering if Staff was considering pedestrian access as a driveway. How can you have a flag lot if you have only pedestrian access and no driveway? McLaughlin said the ordinance requires the driveway to be paved. Thompson thought it would be best to approach the application by looking at the best end product and work toward how to get to that--maybe a Variance will be needed. ASHLAND PLANNING COMMISSION - 7 REGULAR MEETING MAY 11,1993 MINUTES This project is a proposal for infill and it involves using an alley and not marring a streetscape. If these are the types of things the Commission favors, how can the Commission make it happen? Jarvis was not convinced that if the application is approached in that manner, that it could legally stand a challenge. If this is approved with the pedestrian path and no driveway, Jarvis is not sure what we have. McLaughlin explained that in the memo it explains legal access and functional access. This lot has legal.frontage on a public street and legal access to that street, but functional access is via the alley. The issue of the driveway would have to be addressed with a Variance. McLaughlin does not believe you can be forced into requiring use of the driveway because it is partitioned that way. The Variance would be to delete the requirement of paving of the driveway. This would require re-noticing. Armitage had the feeling there is not much room on the alley. He is concerned that the alley could not be widened around the box elder without killing it. Carr was also taken by the narrowness of the alley. McLaughlin felt the short length of driveway would not be a problem for cars passing and the parking area would have room to pull off. McLaughlin read the letter in opposition to the proposed development from Gary Brewer, 229 W. Hersey Street, into the record. PUBLIC HEARING DARRELL BOLDT has always planned to use the alley for access since he purchased the property 20 years ago. He met with the Historic Commission to discuss the redesign of the building, at their request. The Historic Commission preferred the new design. Boldt realized when the Historic Commission was looking at using the flag for the driveway, that paving the flag would require an additional 3,300 square feet of asphalt and would also involve moving the units closer to the alley and providing no private outside space. It made more sense to use the flag for pedestrian access and use the alley for vehicle access. Boldt's intent was to leave as much landscaping as possible, including the box elder. Paving the flag drive would eliminate a large cedar tree. He would use pedestrian pavers for the pedestrian access. He thought it seemed to have less impact to have the parking on the alley side because the houses on the other side of the alley are further away. Medinger suggested Boldt add decorative attic vents and Boldt agreed. ASHLAND PLANNING COMMISSION 8 REGULAR MEETING MAY 11,1993 MINUTES -.JANET DESPARI, 4343 Pioneer Road, owns lot 800, and she is opposed to using the alley for access. She agrees with many of Brewer's points.in his letter. If the alley is to be paved two-thirds of way with granite, she is concerned with granite dust. From her 15 years experience on Laurel, she has used the alley as a shortcut and she believes others would use it as a shortcut too. There is a feeling that cars have precedence over everything. When cars are allowed to go wherever they can go, they do not acknowledge that even animals need safe passageway. The alley is used by bicyclists and pedestrians. She would like to see the property fenced and to use the flag to funnel the traffic to a paved street. However, she does not like the idea of more paving on the property either. KATHLEEN TAYLOR, 227 Hersey, stated that her backyard borders the alley. She is opposed to the alley being used for access to vehicles. One of the special things about Ashland is its aesthetic charm. Children use the alley to ride bikes and access to and from school. The alley is the only place in the area that has very little traffic and is safe for this use. Vehicle access to the alley would be very dangerous for children. She is also concerned about her garden bordering the alley, and air pollution. She would urge the Commission to consider use of the flag for access in order to preserve the alley. JANET DESPARIS, read a letter from Vickie Doremis, 259 N. Laurel, into the record in opposition to using the alley for access. DON PAUL, Fire Department, would prefer to have 15 feet of alley width. McLaughlin said Staff was not recommending paving of the alley because of the Concerns of the Historic Commission and Gary Brewer, however, the Commission could require paving. McLaughlin read the definition of a flag drive -- that it be accessed by a driveway. The definition of a driveway -- flag drive serving a flag lot shall not be a driveway. Then the definition of a driveway does not apply, which puts it back to the definition of a flag. drive. That brings it back to: what improvement standards are required for a flag drive -- that it be paved, thus, in this case, requiring a Variance. DARRELL BOLDT, stated that when making this proposal, he asked what is the best use overall for this parcel and what will have the least impact on the neighborhood. He believes using the alley would be best because the flag would require too much paving. Boldt thought the width of the driveway can be achieved by trimming the old foliage. ASHLAND PLANNING COMMISSION 9 REGULAR MEETING MAY 11,1993 MINUTES Thompson wondered if Boldt's plans would be reviewed again by the Historic Commission. McLaughlin thought it would be a good idea to add as a Condition. Carr wondered, in the event this action is continued for a Variance, if the record would be left open to discuss design. McLaughlin said the Historic Commission could review any changes submitted by the applicant. Medinger suggested to the neighbors that they request R-2 zoning because he feels this neighborhood is inappropriately zoned. Thompson felt the alley is the most appropriate access to this project. He would prefer the alley remain unpaved with a crushed rock surface, not granite. Powell felt the alley as access would minimize paving. She is concerned, however, about setting a precedent. What if lots 1700 and 1800 decide to divide? She is concerned about the steepness of the turn in the alley for fire trucks. Hibbert favored the alley access because of the impact of the flag drive. There are other properties that need to be accessed the same way. Cloer favored access from the alley. At the American Planning Association workshop, the speaker felt communities should move more in the direction of using alleys for access unless they would rather have a street full-of flag drives. Medinger generally favored using the alley for access and leaving it unpaved. Bingham felt there was no good way to access this parcel. The alley is narrow, there is already a lot of infill and this one does not have to use the alley, therefore, he is going with accessing by way of a flag drive. Armitage thought that with all the other development that is probably going to develop, this will be a defacto street, with a very narrow situation. He would prefer paving the flag. Carr agreed with Armitage and Bingham. She would like more from the Historic Commission at the next meeting regarding design and would like a member of the Historic Commission present at the next Planning Commisson meeting. Jarvis felt access should be from Van Ness. She believes if there is a flag lot, there has to be a driveway off Van Ness. Also, additional traffic through the alley is not ASHLAND PLANNING COMMISSION - 10 REGULAR MEETING MAY 11,1993 MINUTES - reasonable and would be setting a.poor precedent. Boldt can decide how he wants to proceed. Armitage would like more information on the alley -- what is the width, are there any encroachments. McLaughlin posed the question -- If the flag had not been on paper and this was just one large parcel, not requiring the flag drive, how would the Commission have felt? Boldt waived his 120 days for a,continuance. Carr moved to continue PA93-053 until the next meeting. Bingham seconded the motion and it carried unanimously. APPROVAL OF FINDINGS The Findings from the April 13, 1993 Regular Meeting were 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 Site Visits or Ex Parte Contacts Site visits were made by all. STAFF REPORT This application was called up for a public hearing by the Hearings Board. Staff thought it was time to take a fresh look at this proposal because it has had four extensions. Since the last extension, there are new energy requirements, landscaping requirements, etc. PUBLIC HEARING No one came forth to speak. ASHLAND PLANNING COMMISSION 11 REGULAR MEETING _ MAY 11,1993 MINUTES COMMISSIONERS DISCUSSION AND MOTION Medinger recommended denial of PA93-049 and Carr seconded. The motion carried unanimously. OTHER Jarvis talked with the Mayor about a joint study session with the Council and Planning Commission. The Commission directed Jarvis to write a letter to the Council requesting a joint session. OPEN SPACE DESIGNATION He has recommended that when a request for open space designation is made, such as the Richey's, that the applicant is asked to address the criteria outlined in his memo. Jarvis suggested adding historic sites to the list. McLaughlin explained that this process came about to pull the pressure off developing the property because of property tax relief gained by keeping as open space. Carr moved to direct Staff to forward the suggested criteria, including historic sites, to the Council. Powell seconded the motion and it carried unanimously. ADJOURNMENT The meeting was adjourned at 10:30 p.m. ASHLAND PLANNING COMMISSION 12 REGULAR MEETING MAY 11,1993 MINUTES ~ \° ~ ASHLAND POLICE DEPARTMENT COMMUNITY SERVICE VOLUNTEER PROGRAM FOR STAFF USE ONLY TO: CITY ADMINISTRATOR FOR THE MONTH OF MAY 1993 � NUMBER OF VOLUNTEERS REPORTING 56 DAYS WORKED 412 HOURS WORKED 1180 -firector of Community Service5 ` * / ' ^ J/ PAGE NO. 1 , ^ 06/11/1993 COMMUNITY SERVICE VOLUNTEERS SUMMARY MONTHLY REPORT FOR MAY, 1973 VOLUNTEER ACTIVITY SS NUMBER DAYS HOURS WORKED WORKED *� AARP RETIRED EXECUTIVE ** Subtotal it 8 23 ** ADULT LEARNING CENTER *� Subtotal it 8 16 ** BLIND READING *$ Subtotal it 4 10 ** BLOCK HOME PROGRAM it Subtotal it 20 40 ** BLOOD PRESSURE CLINIC ** Subtotal ** 1 3 it CALL A RIDE (RSVP) it Subtotal ** 5 11 it CAR WASH it Subtotal it 4 11 ** CHAMBER OF COMMERCE ** Subtotal it 6 23 ** COMPUTER ENTRY it Subtotal *$ 20 76 ' w �* COURT OFFICE It Subtotal it 15 78 *$ CRIME PREVENTION ** Subtotal ** / � 3 9 ** CVS OFFICE ** Subtotal ** 20 70 ° . PAGE N[}. 2 ' 06/11/1993 COMMUNITY SERVICE VOLUNTEERS SUMMARY MONTHLY REPORT ' FOR MAY, 1993 VOLUNTEER ACTIVITY SS NUMBER DAYS HOURS WORKED WORKED �$ DH COURIER *$ Subtotal ** 11 23 ** ENGINEERING ** Subtotal �* 6 12 ** EXTENDED CIRCLE ** Subtotal h* 3 8 ** FORENSIC LAB ** Subtotal ** 6 21 *% FRIENDLY VISITOR ** Subtotal ** 2 4 ** LIBRARY, PUBLIC ' ** Subtotal ** 23 75 *$ LOAVES AND FISHES ** Subt6tal ** 73 200 ** MAIL COURIER ** Subtotal ** 40 80 ** MISC PROJECTS $$ Subtotal ** 8 29 ' ** MUSICIAN ** Subtotal ** 2 7 ** OMBUDSMAN $* Subtotal $* 9 18 ** PUBLIC SCHOOLS ** Subtotal ** 19 36 ' 06/1111993 COMMUNITY SERVICE VOLUNTEERS SUMMARY MONTHLY REPORT ^ FOR MAY , 1993 VOLUNTEER ACTIVITY SS NUMBER DAYS HOURS WORKED WORKED ** QUILTING ** Subtotal 13 36 ** RECYCLING DEPOT ** Subtotal T* 4 8 *$ SENIOR PROGRAM OFFICE ** Subtotal $� 34 114 ** SHAKESPEAREAN FESTIVAL ** Subtotal *� 18 60 ** SHOPPER (NURSING HOME) $* Subtotal ** 4 8 ** STATISTICS/ANALYSIS *i Subtotal A* 6 17 ** VACATION HOUSE PATROL ** Subtotal It 17 43 *** Total *$* 412 1180 ' / / ` { s June 3 , 1993 M E M O R A N D U M TO: Honorable Mayor & City Council FROM: Brian L. Almquist, City Administrator SUBJECT: Monthly Report - May 1993 The following. is a report of my principal activities for the past month, and a status report on the various City projects and Council goals for 1993-94 . I. PRINCIPAL ACTIVITIES: 1. A major amount of my time this past month was spent in numerous meetings with members of the Ashland Coalition and School Board in crafting the proposed 2-year Recreational and Cultural levy. 2. Participated in Saturday session at Ashland Middle School as a member of 'the Ashland Coalition and spoke regarding the effects of Ballot Measure 5 on City Government and the inter- relationship with other sectors of the community. 3 . Met with property owners of the "Oak Block" to work out details of proposed LID to finance new sidewalks,. street trees, street furniture, decorative lighting, and undergrounding of utilities. 4. Attended monthly meeting of Cable Access Commission. The main topic was the use of leased access to provide supplemental resources for operations. 5. Attended weekly meetings of the Coalition "Legislative Hotline" to discuss current Legislation by telephone with Senator Hannon and Rep. Peterson. 6. Met with architect Gary Afseth to discuss the development of a phasing plan and cost estimates for office addition at Civic Center. 7. Met with representatives of Sarlat Sister City group to discuss grant we received from OEDD for Artistic Director exchange between theatres. 1 8. Met with John Huffaker of OEDD regarding City grant administration issues for Regional Strategies grant received by The Old Ashland Armory. 9. Met with Chief Woodley and Lon Mills, our labor negotiator, concerning collective bargaining issues with Ashland Firefighters union. 10. Attended two noon meetings of the Rogue Valley Civic . League subcommittee on Community College Services in Jackson County. 11. Met with individual Council members to explain the proposed Recreational and Cultural levy. 12. Attended annual meeting of the Rogue Valley Civic League in Medford. 13 . Consulted with Attorney Kip Lombard and Paul Nolte to clarify water and wastewater issues in .connection with Billings property. 14 . Attended all day meeting in Salem to interview consultants for our proposed conservation bonding proposal to BPA. .15. Participated in monthly Town Hall program on Cable Access with Mayor Golden. 16. Attended luncheon with new RVCOG Director, along with Pat Acklin and Rob Winthrop. 17. Met with a Mrs. Hays from the U.S. Dept. of Housing and Urban Development to review requirements for new CDBG entitlement recipients. 18. Met with our new financial consultants, Public Financial Management, to review upcoming projects requiring bonding. 19. Attended meeting with Hospital Foundation members, hospital staff and Public Financial Management to review revenue bonding of Congregate Care project. and Talent Clinic. 20. Attended 4-day annual meeting of the Northwest Public Power Association. Was one of six panelists at an all-day -seminar on the future of public power. Received an award for my 12 years as a member of the Board of Directors and as President. 2 t' • STATUS OF VARIOUS CITY PROJECTS: 1. Electric Substation. BPA released its EA, identifying its preferred alternative as the Hodgins property at Mountain and Hersey. Following this there was a two week public comment period in which they received one negative response and a number of supportive comments. I have not received my copy of the final report. However; the have completed the field work on the Level II environmental studies, and we will be assisting them with the survey work on the minor land partition. 2. Downtown Proiect. Completed. 3 . Northwest Water Proiect. Construction on the reservoir on Hitt Road is underway and they are ready to pour the slab base. Completion is expected by the end of the year. 4. Open Space Program. Curtis Hayden of the "Sneak Preview" and merchant Richard Hansen are circulating petitions to ask the voters to repeal their previous decision. I have no new information on the two bills in the Legislature which could negate this voter approved measure. Chances are still good that Ashland will be "grandfathered" . 5. Digester Roof. Construction is complete. 6. Tolman Traffic Signal. The project is complete. 7 . Wetlands Study. We will be meeting with the consultants on June 9 in Eugene regarding the first draft of the study has completed major elements of the study. Steve Hall has notified DEQ that we will not meet the July 1 deadline. Steve, Rob Winthrop and I will be meeting with the Governor's assistant Anne Squirer in Salem on June 10 to further review our options. 8. Forest Fire Management Project. Parks has completed its work for this year. Additional work is scheduled for next Winter which will complete the recommended project list from McCormick and Associates. 9. Capital Improvement Plan. The draft plan was reviewed in study session in January. Copies have been placed in all the libraries and I am making myself available to speak to groups about the plan. III. STATUS OF COUNCIL GOALS: 1. Amend the Fair Housing Ordinance. Completed on May 18. 3 2,. Modify all municipal buildings to make them fully handicapped accessible. Study of all facilities to be completed by the Building Official later this Summer. We are investigating the costs of a wheelchair lift at City Hall. 3 . Deal more effectively with public/media issues. The City Council agreed to become more active in writing guest editorials and- in responding to letters to the editor during the coming year. 4 . Review personnel policy effectiveness. The Council directed a review of our present employee evaluation process, training,and overall personnel policies. A committee of middle management personnel has been reviewing the last issue, and I hope to give the remaining issues my full attention this Summer. 5. Give consideration to affordable housing policies whenever other growth management or utility policies are changed. There has been no proposal to date which relates to this goal. I will continue to monitor. 6. Take a proactive role in opposing proposals to upzone secondary lands adjacent to the city's Urban Growth Boundary. Planning Director McLaughlin and Mayor Golden have written a joint letter to the County expressing our views. Both have appeared at the Ashland area hearings to reiterate our opposition, particularly in the interface areas. B ian L. Almqu' st City Administr for BA:ba 4 ' 4 �1� ��ISYI� QXiCPP31�CXtttP1� NOor 1175 E. MAIN Si. ASHLAND, OREGON 97520 Phone (503)482-5211 a�, U 0M Z F'�A RTMEN i June 2 , 1993 GARY E.BROWN Too or Police Mayor and Council FROM: Gary E. Brown, Chief of Police SUBJECT: Liquor License Application An Application has been received from FRANCO AND JENNIFER MINNITI AND MAURIZIO AND KRISTI CONTARTESE dba/IL GARDINO RESTAURANT for a GREATER PRIVILEGE LIQUOR license, for an ESTABLISHMENT located at 5 Granite Street. This establishment was approved for a beer/wine liquor license on May 23,1990. The applicant has maintained a good reputation and approval of this application is recommended. *GARYE. OWN OLICE 'MC:kmh STATE OF OREGON .Return To: APPLICATION OREGON LIQUOR CONTROL COMMISSION GENERAL INFORMATION A non-refundable 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) (THIS SPACE IS FOR CITY OR COUNTY USE) Application is being made for: NOTICE TO CITIES AND COUNTIES:Do not consider thisapplica- XDISPENSER, CLASS A ❑ Add Partner lion unless it has been stamped and signed at the left by an OLCC ❑ DISPENSER, CLASS e ❑ Additional Privilege representative. ❑ DISPENSER, CLASS C ❑ Change Location El PACKAGE STORE ❑ Change Ownership THE CITY COUNCIL, COUNTY COMMISSION, OR COUNTY ❑ RESTAURANT ❑ Change of Privilege COURTOF ❑ RETAIL MALT BEVERAGE Greater Privilege (Noma of city of County) ❑ SEASONAL DISPENSER ❑ Lesser.Privilege RECOMMENDS THAT THIS LICENSE BE: GRANTED ❑ WHOLESALE MALT ❑ New Outlet BEVERAGE &WINE ❑ Other ❑ WINERY DATE DENIED O ER' 3 BY (Signature) - /Y • Od7 TITLE CAUTION: If your operation of this business depends on your recoiving 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: „ 1`ryR���9Q�N�o Mi UNi�1Yi �T � ap���icGy4 J�iA./.;Y'r 3) 11/9—'%Zi O CD PT/a /y�7S 4) �_lryL-�s G m/I/�3 6 5) ��r� IEACN PERSON UppSTFD ABOVE MUST FILE AN INDME)DUl HISTORY AND A FINANCIAL STATEMENT) 2. Present Trade Name 11 �1 i A k !1 i J_'/' 3. New Trade Name Yearfiled wpb Corporation Commiselonar 4. Premisesaddress `l LI'!� ji:' +C_ n`��l �? F=A ..K /4"- (Number,Street,Rural Rouu) (Cry) (County) (Sate) 5. Business mailing address (P.O.Sox.Number,Street,Rural Rouu) (city) (Slate) PIP) 6. Was premises previously licensed by OLCC? Ye�sy v No— Year 7. If yes.to whom: %f�'/=�e`�''.- Type of license: 6. Will you have a manager: Yes— No�� Name (Manager must till out IndIMOUW Histo y) 9. Will anyone else not signing this application share in the Ownership or receive a percentage of profits or bonus from the business? Yes_ No 10. What is the local governing body where your premises is located? . (memo of city or County) 11. OLCC representative making investigation may contact: . (AOdraa) (TO.No.—turtle,bualnaM.massage) CAUTION: 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. /DATE Applicant(s) Signature 1)�. Y�/CiYie:(�i ._��R./ � (In case Of corporation,duly authorized officer thereof) 2) t 3) 4) \ l 5) l fil OOwmmant 6) Form ll S sMO fs ad) ASHLAND PARKS AND RECREATION COMMISSION CITY HALL ASHLAND, OREGON 97520 488-5340 PARK COMMISSIONERS: �1J ''j. KENNETH J.MICKELSEN V .... O . Director PATRICIA ADAMS ALLEN A.ALSING 4 r, TERI COPPEDGE - 't,�4 �.• `` THOMAS W. PYLE ..EGO,,- „ WE$ L. REYNOLDS June 4, 1993 Mayor Golden and City Councilors City of Ashland Ashland, Oregon 97520 Honorable Mayor and Councilors : Ashland Parks and Recreation Commissioner Thomas Pyle has submitted his resignation from the Commission. The Commission is requesting that the Council allow the Ashland Parks and Recreation Commission to use the same format as ,has been used previously when a vacancy has occurred on the. Commission. Specifically, the Commission will advertise, take applications and interview for a replacement to the vacant position, and make a recommendation to the Council . If the Council approves this format, the Commission plans to interview individuals who apply for the position in early July and to make a recommendation to the Council at its second meeting in July. Sincerely, Patricia Adams, Chair ASHLAND PARKS AND RECREATION COMMISSION PA:A 1:NISC�LETTERS.93 Home of Famous Lithia Park Po 0I .y20. IQe►�r lM �yo� a►vd et� CouNc;�, �`" � •�S -Q�r C tZe respe4-Atjjy rejLLtt>f f-1 we m :j4 be a11oLOCOd to Appeal FlAlk3mil oc. L,o Iuorn6eX q J:3-020 ujaS W U pproed ��W7.91�1i7,3� Cornvv�;ss,cp �.nae1��r.� e-'� 1q-�r1 -3 1493 . kat� No P 4 orwivx . 5 pn)AkYds, . '—row\- WNVC. k to' M\Nv � kv�a�l�odsobl,� c�ac�s�o,��s uJ i c.ov"X6 fo .p1M1Nn1 c)R,,)el�p w�M�- © M3 csw'to-t'�) �a,�ed Wlle•�s . j 1�;s pa-�-�cu.�.c,.N Sacd ti4-�� 1Q,�,�a ►Jerk-►1' � Sou-�1•� �we,a.w v14►.1 P329s S-�- . av�,C� I,-,-2x'S�°�, td�:'M•� ��c�.w�.cv'�. s� . 1 oc v�ar� ac1,r�S U�►J �QSS • 5�. /4�' '�1„i,, 1411 leas 1�e� ►� cerce� I,a,bls•�- �k�dnlava ; k Aro SwrVs UQuex b L cofro-c" pa: ICA'A y, Said 1A1t..� 1noS tom e >v b eMd�s - Sav��s V �s. owed adjo tit parck U \ 0�-5 OW.) 4N,a- So4c&N -[1,= 'es Irav�.Lws ac�rr►a�la-�tOw,s 1Vorl'v� ems. �1�txs•�.n �-�' � � ` a '. lS �tO UN v2 LW l l) `� 0.101 J Mty*uA y C 1ta.:s Q LLA LOO u. W4 to a f& 0�11Jt Vc.�.e). i u� 1411 as tg461M a Sa-otV- 1" cow b`e 4u-�A a cO m prc �\-Gvj;V a 5� o r0. t F l®W J I oU AIA% VIA bQ owe a,.� 1va alit 'se a so ual use :. S tnC�t - cigVY- . 115 to �'L�CNL 1 S GM i u Te'v MeA aA CCi s► fl ► , �vn vv2 �'C�C �A UQ4� -t ��avlNlA� Lo q-5 _o z wL4 �� rw�c Lb 4- '700 ' ;a Notice is hereby given that a PUBLIC HEARING on A copy of the application,all documents and evidence relied upon by the applicant the following request with respect to the ASHLAND and applicable criteria are available for inspection at no cost and wilibe provided at LAND USE ORDINANCE will be held before the reasonable cost, if requested. A copy of the staff report will be available for inspection seven days prior to the hearing and will be provided at reasonable cost ASHLAND CITY COUNCIL on the ISTHDAY if requested. All materials are available at the Ashland Planning DepartmenSCity OF JUNE, 1993 AT 7:30 P.M. at the ASHLAND Hall,20 East Main,Ashland,OR 97520. CIVIC CENTER, 1175 East Main Street,Ashland, During the Public Hearing,the Mayor shall allow testimony from the applicant and Oregon. those in attendance concerning this request The Mayor shall have the right to limit the length of testimony and require that comments be restricted to the applicable criteria. The ordinance criteria applicable to this application are on the reverse of this notice. ' Oregon law sates that failure to raise an objection concerning this application, If you have any questions or comments concerning this request,please feel free to either in person or by letter,or failure to provide sufficient specificity to affordthe contact Susan Yaw at the Ashland Planning Departmen4 City Hall,at 488-5305. decision maker an opportunity to respond to the issue,precludes your right of appeal to the Land Use Board of Appeals(LUBA)on that issue. failure to specify which ordinance criterion the objection is based on also precludes your right of apml to LUBA on that criterion. tats t CP-Ir b 502 Z' �EYYIST7N5 51 f KAil ELlrERS Y . e o rs '4f-OM/'10 PAD im). a 400 42 700 • se m� �Q�� t .. e� h 500 N E0 2100 �� eza eTfq�f a (/�//]' So.�uL` 2000 -° s, /p / X01 o / 0 •t ♦• t ✓0.14 Ac 22 1 1900 T / N Z r 000; r #41000 + . u22� " 4 1800 o d' >r of I Rtau�): 700 VI100/ sa 1601 00, .UAr, r Piwt )MD 1200 ., APPEAL OF THE PLANNING COMMISSION'S DECISION ON PLANNING ` ACTION 93-020, a 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. Comprehensive Plan Designation: High Density Multi-Family Residential; Zoning: R-3; Assessor's Map #: 5DA; Tax Lot: 600. APPLICANT- Audrey Socher APPELLANT: Gary Brewer I BEFORE THE PLANNING COMMISSION April 13, 1993 IN THE MATTER OF PLANNING ACTION #93-020, REQUEST FOR ) ' A CONDITIONAL USE PERMIT TO EXPAND THE NUMBER OF UNITS ) FINDINGS, OF AN EXISTING TRAVELLERS' ACCOMMODATION, LOCATED AT ) CONCLUSIONS 261 W. HERSEY STREET, FROM FOUR TO FIVE UNITS. ) AND ORDERS APPLICANT: AUDREYSOCHOR ) -------------------------------------------------------- RECITALS: 1) Tax lot 600 of 391E_ 5DA is located at 261 W. Hersey Street and is zoned R-3; High Density. Multi-Family Residential. 2) The applicant is requesting approval to expand the number of units for an existing Travellers' Accommodation form four to five units. Site improvements are outlined on the .site plan on file at the Department of Community Development. 3) The criteria for approval of a Conditional Use Permit are found in Chapter 18.104 and are as follows: A. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant Comprehensive plan policies that are not implemented by. any City, State, or Federal law or program. B. That adequate capacity. of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. C. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject lot with the target use of the zone. When evaluating the effect of the proposed use on the impact area, the following factors of livability of the impact area shall be considered in relation to the target use of the zone: a) Similarity in scale, bulk, and coverage. b) Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. c) Architectural compatibility with the impact area d) Air quality, including the generation of dust, odors, or. other environmental pollutants. I e) Generation of noise, light, and glare. f) . The development of adjacent properties as envisioned in the Comprehensive Plan. g) Other factors found to be relevant by the Hearing Authority for review of the proposed use. 4) The Planning Commission, following proper public notice, held a Public Hearing on April 13, 1993, at which time testimony was received and exhibits were presented. The Planning Commission approved the application subject to conditions pertaining to the appropriate development of the site. Now, therefore, The Planning Commission of the City of Ashland finds, concludes and recommends as follows: .SECTION 1. EXHIBITS For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony will be used. Staff Exhibits lettered with an "S" Proponent's Exhibits, lettered with a "P" Opponent's Exhibits, lettered with an "O" Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an nM" SECTION 2. CONCLUSORY FINDINGS 2. 1 The Planning Commission finds that it has received all information necessary to make a decision based on the Staff Report, public hearing testimony and the exhibits received. 2.2 The Planning Commission finds that proposal to expand the number of units for a existing Travellers' Accommodation from four to five meets all criteria of approval for a Conditional Use Permit found in chapter 18. 104. 2.3 The Planning Commission finds that the proposal will have less Qf an effect on the livability of the surrounding neighborhood than the target use for the property. The property is zoned for High Density Multi-Family Development and would have a permitted, base density of 11 dwelling units. The Commission believes that the generation of traffic, noise, and dust associated with it dwelling units would be greater than that of the proposed use. 2.4 The new unit will occupy existing space in the carriage house, which is currently used as the property owner's art studio. Because no changes to the exterior are proposed, the Commission finds that comparisons of architecturally compatibility and similarity in scale and bulk are not .applicable in this application. Further, the site plan indicates that the lot coverage for the proposal is. far below the 75 percent lot coverage allowance for the R-3 zone. 2. 5 The Comprehensive Plan projects high density residential development in this area, with the alley network serving as the primary means of access to the rear parking areas. The Commission believes that the addition of another accommodation unit will not result in unsafe levels of traffic on the alley. The width of the alley can be utilized as backup space for the parking area, resulting in a more efficient use of the property and reducing the overall amount of impervious surface. SECTION 3 . DECISION 3. 1 Based on the record of the Public Hearing on this matter, the Planning Commission concludes that the proposal to expand the number of units for a existing Travellers' Accommodation from four to five is supported by evidence in the record. Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we approve Planning Action #93-020. Further, if any one or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action .#93-020 is denied. The following are the conditions and they are attached to the approval: 1) That all proposals of the applicant be conditions of approval unless otherwise modified here. 2) That all conditions of the previous approvals (PA87-146 & PA89- 112) shall remain in effect. 3) That the additional parking space be paved and all proposed fencing installed prior to occupancy of the additional unit. 4) That the applicant obtain a building permit for all work associated with the remodelling of the existing studio. . , 5) That signs be placed in each parking space indicating a "Quiet Zone" or "Quiet Area" as a, reminder to the guests that they are in a neighborhood. Planning Commiss 'o Approval Date 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. . 5 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, A 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 PA92-034 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 1%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 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 (trkplex). 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 13,1943 l/"� ASHLAND PLANNING DEPARTMENT STAFF REPORT April 13, 1993 PLANNING ACTION: 93-020 APPLICANT: Audrey Socher LOCATION: 261 W. Hersey Street ZONE DESIGNATION: R-3 COMPREHENSIVE PLAN DESIGNATION: High Density Multi-Family ORDINANCE REFERENCE: 18.28 R-3 Zone 18.28.030 J. Travellers' Accommodations 18.104 Conditional Uses REQUEST: Expansion of existing Travellers' Accommodation from four to five units. Additional unit to be located within existing carriage house. I. Relevant Facts 1) Background - History of Application: In November, 1987, the Planning Commission approved a request for a four-unit traveller's accommodation (PA87-146). In July, 1989, the Planning Commission approved an annual review for a Conditional Use Permit for the travellers' accommodation located at 261 W. Hersey Street, Arden Forest Inn (PA89-112). 2) Detailed Description of the Site and Proposal: The parcel is approximately 25,792 square feet in size. There are two buildings located on the property, the residence and carriage house, each with two accommodation units. Guest parking is located off the alley. The applicant is requesting to expand the number of units from four to five. The new unit will be located within the carriage house by converting the existing studio area. This proposal does not involve an expansion of the carriage house. II. Project Impact �� Given the current zoning, this parcel could accommodate approximately 11 units (base density). As noted above, the owners currently operate a four- unit travellers' accommodation. Staff believes that the proposal to add an additional unit - total of five - would still result in a lesser impact on the surrounding neighborhood than the target use of 11 apartment units. Although the total number of units proposed is well below the target use for the property, as the use expands and development densities in the area increase, the impacts will be felt by the residents of the neighborhood. The criteria for approval of Conditional Use permit identify several factors which should be considered when evaluating the impact of the use on the livability of the neighborhood. In addition, the ordinance allows the Commission to impose conditions on the approval to which address neighborhood concerns and prevent deterioration of the residential character. Several concerns have been raised by an adjacent property owner regarding the impacts of this use and other development which has occurred along the Skidmore alley since 1987. These impacts involve increases in alley traffic; noise and the loss of privacy. The applicant has submitted additional information addressing neighborhood concerns, and has offered remedies for mitigating the impacts resulting from the expansion of the use. These proposals of the applicant have been included in the letter to the Planning Department dated March 8, 1993. In Staffs discussion with the neighbor, it appears that remaining concern involves the impact from noise emanating from the guest parking area. It has been suggested by the neighbor that by moving the guest parking deeper into the parcel (approximately 15 feet), the carriage house would be situated between the parking area and the neighbor's house, serving as.a noise barrier between the two properties. It is Staffs opinion that requiring such a modification to the plan is well within the authority of the Commission. III. Procedural - Required Burden of Proof The criteria for approval of a Conditional Use Permit are outlined in Chapter 18.104 and are as follows: A. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant PA93-020 Ashland Planning Department — Staff Report Audrey Socher April 13, 1993 Page 2 /� Comprehensive plan policies that are not implemented by any City, State, or Federal law or program. B. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban stonn drainage, and adequate transportation can and will be provided to and through the subject property. C. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject lot with the target use of the zone. When evaluating the effect of the proposed use on the impact area, the following factors of livability of the impact area shall be considered in relation to the target use of the zone: a) Similarity in scale, bulk, and coverage. b) Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. c) Architectural compatibility with the impact area d) Air quality, including-the generation of dust, odors, or other environmental pollutants. e) Generation of noise, light, and glare. f) The development of adjacent properties as envisioned in the "Comprehensive Plan. g) Other factors found to be relevant by the Hearing Authority for review of the proposed use. Further, the criteria for approval of a Traveller's Accommodation are found in Chapter 18.28.030 J. and are as follows: 1) That the property used for the Travellers Accommodation be business- owner occupied.- The business-owner shall be required to reside on the property occupied by the accommodation, and occupancy shall be determined as the travellers accommodation location being the primary residence of the owner during operation of the accommodation. Business-owner shall be defined as a person or persons who own the property . PA93-020 Ashland Planning Department — Staff Report Audrey Socher April 13, 1993 Page 3 / and accommodation outright, or who have entered into a lease agreement with the property owner(s) allowing for the operation of the accommodation. Such lease agreement to specifically state that the property owner is not involved in the day to day operation or financial management of the accommodation, and that the business-owner is wholly responsible for all operations associated with the accommodation, and has actual ownership of the business. 2) That each accommodation unit shall have 1 off-street parking space, and the owners shall have 2 parking spaces. All spaces shall be in conformance with the requirements of the Off-Street Parking section of this Title. 3) That only one ground or wall sign, constructed of non plastic material, non-interior illuminated of 6 sq. ft. maximum size be allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the traveller's accommodation in violation of 18.72.110. 4) That the number of accommodation units allowed shall be determined by the following criteria: a) That the total number of units, including the owner's unit, shall be determined by dividing the total square footage of the lot by 1800 sq. ft. Contiguous lots under the same ownership may be combined to increase lot area and the number of units, but not in excess of the maximum established by this ordinance. The maximum number of accommodation units shall not exceed 9 per approved travellers accommodation with primary lot frontage on arterial streets. The maximum number of units shall be 7 per approved travellers accommodation with primary lot frontage on designated collector streets, or for traveller's accommodation not having primary frontage on an arterial and within 200 feet of an arterial or collector. Street designations shall be as determined by the Ashland Comprehensive Plan: Distances shall be measured via public street or alley access to the site from the collector or arteriaL b) Excluding the business-owner's unit, and the area of the structure it will occupy, there just be at least 400 sq. ft. of gross interior floor space remaining per unit. . 5) That the primary residence on the site be at least 20 years old The primary residence may be altered and adapted for traveller's accommodation PA93-020 Ashland Planning Department — Staff Report Audrey Socher April 13, 1993 Page 4 1� use, including expansion of floor area Additional structures may be allowed to accommodate additional units, but must be in conformance with all setbacks and lot coverage of the underlying zone. 6) Transfer of business-ownership of a travellers accommodation shall be subject to. all requirements of this section, and subject to Conditional Use Permit approval and conformance with the criteria of this section. All traveller's accommodations receiving their initial approvals prior to the effective date of this ordinance shall be considered as approved, conforming uses, with all previous approvals, conditions and requirements remaining in effect upon change cf.business-ownership. Any further modifications beyond the existing.approvals shall be in conformance with all requirements of this section. 7) An annual inspection by the Jackson County Health Department shall be required for all travellers accommodations regardless of the number of guest rooms. Proof of such inspections shall be provided by the owners to the City on an annual basis. 8) That the property on which the travellers accommodation is operated is located within 200 feet of a collector or arterial street as designated in the City's Comprehensive Plan. Distances shall be measured via public street or alley access to the site from the collector or arterial IV. Conclusions and Recommendations Ashland's Comprehensive Plan encourages mixed uses in multi-family residential neighborhoods. This policy is implemented through the conditional use process and has been successful in the upgrading and maintenance of numerous properties which would have otherwise continued to deteriorate. The Comprehensive Plan, however, is clear to point out that encouraging upgrading of neighborhoods through the conditional use process should not be done at the expense of the residentila area. Consequently, the code permits the Commission to modify plans and attach conditions to ensure that the use will not be disruptive to the neighborhood. Overall, Staff believes that the expansion of the Bed and Breakfast will have less of an impact upon the surrounding area than the target use for the property. We commend the applicant for working with Staff to minimize the effects of the proposal on adjacent properties. PA93-020 Ashland Planning Department — Staff Report Audrey Socher April 13, 1993 Page 5 �i L We recommend that the Commission consider requiring the guest parking area to be modified such that the spaces are extended deeper into the parcel. This will cause the carriage house to be between the parking area and neighboring property across the alley and will serve as a barrier, reflecting noise away from the nearby residence. If the Commission feels that such a condition would be appropriate would would suggest the following wording: "That the depth of the existing parking area off the alley be increased by approximatley 15 feet so that it lines up with the west building edge of the carriage house." Staff recommends approval of the application with the following attached conditions: 1) That all proposals of the applicant be conditions of approval unless otherwise modified here. 2) That all conditions of the previous approvals (PA87-146 & PA89-112) shall remain in effect. 3) That the additional parking space•be paved and all proposed fencing installed prior to occupancy of the additional unit. 4) That the applicant obtain a building permit for all work associated with the remodelling of the existing studio. PA93-020 Ashland Planning Department — Staff Report Audrey Socher April 13, 1993 Page 6 /A March 8, 1993 TO: Planning Department, City of Ashland FROM: Audrey and Arthur Sochor, Arden Forest Inn SUBJECT: Issues raised regarding CUP for added fifth room 1. Garbage pickup on Skidmore Alley Solution: Pickup site will be moved to W. Hersey Street 2. Parking and loading spaces on north and east sides of carriage house Solution: These areas will be closed off from Skidmore Alley by a 36' long x 6' high board on board fence with a gate to the alley for emergency use. This fence will connect and match existing fence. Trees and shrubs will be planted inside the fence with vines planted to cover. Guests will exit their quarters through the gate toward the main house or toward the parking lot. 3. Light above doorway fronting Skidmore Alley Information After a spate of vandalism, Ashland Police Department recommended that lights be left on at night on all buildings. Solution: Light on Skidmore Alley will be shielded. 4 Autos turning left from front parking area into Skidmore Alley Solution: A"NO LEFT TURN" sign will be posted on exit corner post. S. On-Street parking on W. Hersey Street Information Guests are assigned parking spaces in parking areas. Employees are instructed to park in front of 261 W. Hersey only. However, all employees are students and walk to work. 6. Parking space to accommodate fifth room Information Another wide space to accomodate disabled guests will be added at the end of the Skidmore AI ley parking lot. The overall depth of the parkino area and back-up space is 44 feet. 7. Trees in the pasture along Skidmore Alley Information: Trees are pruned regularly in the spring and whenever branches make sudden growth toward the alley. 8. Early departure of guests Information Notice is given that Ashland has a Noise Ordinance that Sv�i ivr 3.'8/93 p2 is in effect between ;0 p.m. and 7 a.m. (Attached: letter from Ashland Police Department) 9. Morning meetings Information: Guests gather,on the deck of the main house at 8 a.m. for coffee. There is a building, large vegetation, and three fences between guests and neighbor. 10. Neighborhood livability Information: The first questions asked by guests reserving at Arden Forest Inn are: a) are you within walking distance of the theatres so we do not have to drive our cars! b) is it quiet? Because we can satisfy these two primary needs, we are getting guests who are switching from the inns on North Main and Siskiyou Blvd. because of noise and congesion there. How- ever, guests are not bringing noise and congestion with them. They want to preserve the quiet and peacefulness that is ours. Information: The effect we, Arthur and Audrey Sochor, have had on the neighborhood, City of Ashland, and Jackson County include a). rehabilitation of two di stresed properties, b). payment of over $23,000 in taxes, c). working with Ashland High School in training and employ- ing students in the school employment programs and receiving the Employer of the Year award, d). becoming a model for neighborhood pride in fixing a com- munity so it is no longer a slum. Respectfully, Audrey Sochor Arthur Sochor F rP/ oq0 1175 E. MAIN ST. ASHLAND, OREGON 97520 Phone(503)482-5211 2 OFD e 4RT 0 �S GARY E. BROWN Chief of Police - March 4, 1993 THE ASHLAND POLICE DEPARTMENT HAS NO RECORD TO THIS DATE OF A COMPLAINT AGAINST THE ADDRESS OF 261 W HERSEY ST OR AGAINST AUDREY SOCHER FOR EXCESSIVE NOISE. ASHLAND POLICE DEPARTMENT _�CORDS�DIV—ISION T. D..,QIYERS lg gateway ) Better REALESTATE ®� OW Homes and Gerdrns 5 North Main, Ashland, OR 97520 TELEPHONE (503) 4821040 March 7, 1993 Dear Arthur and Audrey, Please review the information regarding assessments from 1987 to . 1993 on property in the neighborhood including those which border yours. The information from the county records show that assessments in the neighborhood reflect a slight drop, this was a general trend due according to the assessor (Virgil) to some lower sales in the area which would have triggered an adjustment in assessments. The assessor stressed that the drop was due to sales activity and not any other influences. His mother in law sold the house at 301 W. Hersey recently. He told me she sold it under its market value because it needed work. There have been other similar sales . He explained the assessment numbers in terms of what influenced the values . Any reduction in assessed values in 1990/91 was due to the on site inspections done by assessors which would have revealed deteriorating structures , bad roof, dry rot damage etc. Likewige if the assessment went .up that year, it reflected improvements in the structure. 1991/92 assessments on Hersey St went up due to the paving of the street. The important issues to remember are that your business and res- idence have benefited the neighborhood because you improved a property and brought in a business that has a negligible impact- if this property had had professional offices ,. apart- ments pr condos built on it there would be a much higher density and considerably more traffic. I feel comfortable as a real estate professional and as a neighbor saying that you have done a remarkable job in making a positive mark on. this neighborhood, If a neighbor is concerned about traffic etc why was 'nit this neighbor at the traffic council meeting in which discussion to designate Hersey as truck route was considered. If I . can be of more assistance, please let me know. . Sin e Mary Lou Gross X7 E cr .:. L7 fb ser1s�a'.+an+n.n{+ ms's - q7q-�F�r City of Ashland Planning i S �r t� �� � • l Exhibit I. I V•.h"•a4' 1 �` TF ta tAL AMW ' . � �'•��' ! I ���i:..�• .'r 70(1x1 lr. ' \ �Yry !_ 4� 4 _' �^"•� pr ,(ei o� > �, � _ f:rk�i '< r., tr { �� k�l.�'1�{��.ir /^ ,y C -...:•.-J\ C ` b �Yt /` ,y. Mt�ts' t ; Ft ''Sf�1� / 'i''. Nu a'�'!�'^ i L![.4\ �1-u.Y .lr V.v Id iI�/ ;:. r •. .} `e. lea CITY OF A S H L A N CITY HALL ASHLANO.OREGON 87520 telephone(code 503)482-3211 May 25, 1989 Arthur and Audrey Sochor 261 West Hersey Street Ashland, Oregon 97520 Dear Arthur and Audrey: It is my pleasure, on behalf of the Ashland Historic Commission, to commend your work in remodeling and renovating the Arden Forest Inn at 261 West Hersey Street in Ashland. We believe that conservation efforts such as yours not only improve the value of that property, but help to foster interest in historic preservation in general and specifically, interest and sensitivity to the special contribution that historic architecture has made to Ashland's unique charm. Yours very truly; VIA l im Lewis, Chairman Ashland Historic Commission e N P A + t r ' 4Y YI f 4 x r . Y 5 _te 140NOMA, `' - ^ : R. '✓ 1a mil.. .+: ."••-^r.- c S � Y S.' } • r °Y Y Iw t., To: Ashland Planning Department From: Audrey Sochor Request: CUP to expand Traveler's Accomodation from 4 to 5 units. Application Process: Type I-Administrative Approval Since the addition of more wheelchair seating at the Elizabethan Theatre, we are having more requests than we can honor for wheelchair access accomodations. Therefore, we propose to convert the studio area in the carriage house to a fifth room which will be a third wheelchair access room. There will be no changes in the building except to build a full bathroom and improve the interior decor. A privacy fence will be built between the parking area and the service yard. ADDRESSING THE CRITERIA FOR APPROVAL OF A CONDITIONAL USE PERMIT: A. The use is in conformance with R-3, multi- family residential. Request for 5 units is within the maximum of 12 units as determined by the target use of the zone-apartments. B. The adequate capacity of city facilities has already been determined when the building was . approved in 1988. The space, formerly the owner's art studio, is merely being converted to another use. Parking for the unit will be the space formerly occupied by the owner whose parking space is now moved to the Hersey Street driveway on the north end of the property. by the owner's residence. C. The -conditional use will have no greater material effect on the neighborhood. because a). the exterior, is not being changed, b). the traffic on Skidmore Alley will remain the same as it is now, and the traffic on Hersey Street, where the owner's parking area is located, is an arterial street with current use very low. c). there is no change in the exterior, thus the architectural compatibility is not changed, d). there will be no changes in impact on air quality, e). there will be no changes from current use in the generation of noise, light, and glare, f-g). in 1989 the Planning Commission determined that we build a 6' fence on the Brewer property across Skidmore Alley from the carriage house where the former studio and parking, and now proposed 5th unit and parking, will be located. D. Attached are two copies of a site plan of the entire parcel, indicating at least 7 off-street parking spaces. Respectfully, Audrey Sochor, Owner Arden Forest Inn R t_ f ° i v y Id sa °Y� I =Y - E Y - r u': ! r - • A<3 \\ w ASHLAND HISTORIC COMMISSION Minutes April 7, 1993 CALL TO ORDER The meeting was called to order by Vice Chairperson Terry Skibby at 7:38 p.m Members present were Jim Lewis (who arrived late), Terry Skibby, Le Hook, H.L. Wood, Jean MacKenzie, Keith Chambers and Steve Ennis. Also present were Assistant Planner Kristen Cochran and Secretary Sonja Akerman. Jane Dancer and Dana Johnson were absent. APPROVAL OF MINUTES Hook stated that on Page 7 of the February 3, 1993 minutes, he was not the one to say Barbara Jarvis is concerned about criteria of deciding which alleys should be paved. It was decided the sentence should read "It was added that Barbara Jarvis . . .". (Lewis arrived at this point) Hook then moved and Skibby seconded to approve the Minutes of the February 3, 1993 meeting as corrected. The motion was unanimously passed. STAFF REPORTS PA 93-035 Conditional Use Permit, Site Review, Solar Waiver and Variance 243 Fourth Street Crissy Barnett Cochran explained that although this application was discussed at the meeting last month, it was called up for a public hearing. The applicant has submitted new information addressing concerns of the neighbors. Ennis questioned Crissy Barnett about using the casement windows. She said this was fine with SHPO and she is planning on using them The Commission agreed its decision of last month stands, and there was no need to discuss it further. PA 93-020 Conditional Use Permit 261 West Hersey Street Audrey Socher Cochran related the applicant would like to add one unit to her existing B & B, which will be located'in the carriage house and bring the number of units up to five. One parking space will be added. A neighbor has raised a variety of issues and the applicant has Ashland . C1ta of Exhibit Qlannin8 14-a , pp8 SStue � -" - Assessments soar on B&Bs By AtBERTO ENRIQUQ preciating at a higher-than-average rate will carry Mail Tribune Staff Writer a greater share of the tax burden. In Ashland's hot real estate market,average homes ASHLAND—As the count'assessment notices ar- appreciated about 20-25 percent over last year, Ross rive in Ashland mailboxes, some bed-and-breakfast says. Bed-and-breakfasts, vintage homes and other owners are seeing the price of their success become a houses were reassessed by as much as 80 to 180 per- threat cent,and the owners can count on a bigger-than-aver- i Increases have been particularly stiff for those age share of the tax bill later this fall. holding "vintage". older homes, which the assessor Pete Dahl,owner of Morigal House,668 N.Main St, says have been appreciating at a faster rate than says it's the suddenness of the increase he objects to. others, and for bed-and-breakfast houses,which until I can justify raising it but net 184 percent all at recently had not been considered commercial Prof once." hl's house was assessed at$173,000 in 1989 and erty. reassessed to $319,000 in 1990. He says the assess- .Even if the quick rise in assessments accurately re flects their homes' true market value, some owners ment alone will add$3 to$4 per day to the room rate say it may force a change in the way bed-and-break- Together otel�with d a proposed st-of-living increase a increase in the for insurance fasts do business . climb owner John Reinhardt at the and other costs, a night's stay could climb from the Cowslip's.Belle, 159 N. Main St, has seen its value $65$85 range to$70100. soar from$112,480 to$236,200—a 109 Percent gain Dahl says People have talked about taking action to. protest the higher assessments but so far nothing's in one year. Assessor Dan Ross says that's Partly because of the been Planned re-evaluation of the property as a commercial Prop I think everybody is kind of stunned,"he said 'erty rather than a home, and partly because for the Mayor Cathy Golden also took issue with the steep five years since the last physical reappraisal the house reassessments "I think it's very unfair. I think bed- had been"trended"upward on the basis of ordinary and-breakfasts aren't like commercial weir homes to home sales. The Cowslip's Belle has really only jet visitors during the summer season,"said Golden. caught up,he.says. Reinhardt agrees that the new assessment probably She also criticized the special category for vintage represents true market value But-It doesn't make it vintage inningthey' oolden said her 40 percent any arty easier. ' "When you only have four rooms—and no one in a reassessment increase seemed out a line. bed-and-breakfast is really making a lot of money Vintage homes and bed and-and aces. is aren't the anyway — some people will be getting out of it only Properties seeing steep increases. Teresa Long There's already several on the market, and you ll be g Liberty She home a and her husband,,Den Sho t1 seeing more before the end of the year,"he says. Those who remain likely will be charging more,and to$118,970. "We don't know if we're that's already making the Ashland experience a little 'It's o bummer," Long says less attractive,to harried visitors who try to cram as .going to be able to hang on to our hoes p ev much as they can into fewer days,says Audrey Sochor Long said the latest increase follows Previous large o Arden Forest Inn 261 W.Hersey St increases,and no improvements had been made to the "Ours was just s tatty old house and we rebuilt it, Property other than gardening and paiber g• She but it was shocking to find it was assessed over 150 tributed the upward reassessment to g perc ent more,from$79,000 to$200,000,"Sochor says desirable neighborhood and a beautifiil "We have really tried to keep prices do_w n � However,not ants are ant nders with hip tri to a young peop�amures wru� w„ age reassessments / it rem„ woman Pat Acklin's home at_=?tip 01 . n increased assessment doesn't necessarily mew Percent this Year and 22 per oe� . P o0 4,S increased taxes because taxing districts have hm .she's not complaining, ited:tax bases and if all properties appreciate at the. I m getting a loan for an addition..P same rate,a base of the same size can be raised with';'" tent to me that the bank think it's o.6 a lowered tax rate,.Ross says.However,Property aP-:. 'that much,"Acklin said . fig. OF ASHLAND ' CITY HALL City of �,►� ASHLAND,OREGON 97520 PiannigEhl and telephone(code 503)482-3211 P4wr bit e "J ss,U May 15, 1992 RE: Planning �y 034 Dear LBI and Friends At its .meeting of Abril 14 1992 the Ashland Planning Commission approved your request for a Conditional Use Permit formepropertylocated at 248-254 Van Ness Avenue Assessor's Map# 39 lE SDA TaxLot S 1800 The Findings of Fact and the Commission% Orders, which were adopted at the May 13 , 1992 meeting, are enclosed. Please note the folio circl ems: OA final map prepared by a registered surveyor must be submitted within one year of the date of preliminary approval; otherwise, approval becomes invalid. 2. A final plan must be submitted within 18 months of the date of preliminary approval; otherwise, approval becomes invalid. 3. There is a 15 day appeal period which must elapse before a Building Permit may be issued. 4• All of the conditions imposed by the Planning Commission must be fully met before an occupancy permit may be issued. Cs:- Planning Commission approval is valid for a period of one year only, after which time a new application would have to be submitted. Please feel free to call me at 488-5305 if you have any questions. Sin re , f J hn M nior P1 e JMc/sa . Enclosure(s) BEFORE THE PLANNING COMMISSION May 13 , 1992 IN THE MATTER OF PLANNING ACTION #92-034, A REQUEST FOR ) A CONDITIONAL USE PERMIT TO CONVERT THE EXISTING ) FINDINGS, APARTMENT UNITS LOCATED AT 248-254 VAN NESS AVENUE TO ) CONCLUSIONS CONDOMINIUM UNITS. NO CHANGE PROPOSED IN THE NUMBER OF ) AND ORDERS UNITS, EXTERIOR, OR SIZE OF THE UNITS. ) APPLICANT: LBI AND FRIENDS ) RECITALS: 1) Tax lot 1800 of 391E05DA is located at 248-254 Van Ness Avenue and is zoned R-3, High Density Multi Family Residential. 2) The applicant is requesting a conditional use permit to convert the existing four apartment units to separate condominium units. No other changes to the site are proposed as part of the application. 3) The criteria for approval of a Conditional Use Permit are found in 18. 104 and aresas follows: A. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located,: and in conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program. B. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. C. That the conditional use will have no greater adverse material effect on .the livability of the impact area when compared to the development of the subject lot with the target use of the zone. When evaluating the effect of the proposed use on the impact area, the following factors of livability of the impact area shall be considered in relation to the target use of the zone: a) Similarity in scale,' bulk, and coverage. b) Generation of traffic and effects on surrounding streets. Increases, in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. c) Architectural compatibility with the impact area d) Air quality, including the generation of dust, odors, or other environmental pollutants: e) Generation of noise, light, and glare. �v f) The development of adjacent properties as envisioned in the Comprehensive Plan. g) Other factors found to be relevant by the Hearing Authority for review of the proposed use. 4) The Planning Commission, following proper public notice, held a Public Hearing on April 14, 1992, at which time testimony was received and exhibits were presented. The Planning Commission approved the application as presented subject to conditions pertaining to the appropriate development of the site. Now, therefore, The Planning Commission of the City of Ashland finds, concludes and recommends as follows: SECTION 1. EXHIBITS For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony will be used. Staff Exhibits lettered with an "S" Proponent's Exhibits, lettered with a "P" Opponent's Exhibits, lettered with an "O" Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an uM" SECTION 2. CONCLUSORY FINDINGS 2. 1 The Planning Commission finds that it has received all information necessary to make a decision based on the Staff Report, public hearing testimony and the exhibits received. 2.2 The Planning Commission finds that the request for a conditional use permit to convert the existing four apartment units at this. location to condominium units is an appropriate use for this site and zone, and is supported by evidence contained in the whole record. Specifically, the Commission finds that the impacts of a condominium conversion of this apartment will be exactly as currently approved for apartments, and that the condominium conversion will not result in an increase in the measurable impacts associated with the current use. SECTION 3. DECISION 3 . 1 Based on the record of the Public Hearing on this matter, the Planning Commission concludes that the condominium conversion of four existing apartment units complies with all ordinance requirements, and meets the criteria for approval of a Conditional Use Permit. � i Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we approve Planning Action #92-034 . Further, if any one or more of. the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #92-034 .is denied. The following are the conditions and they are attached to the approval: 1) That all proposals of the applicant be conditions of approval unless otherwise modified here. 2) That a condominium plat be prepared and submitted to the City within 12 months . of this approval, and that the CC&R's for the condominium be presented prior to the signature of the survey plat. 3) That the applicant enter into an agreement with the City of Ashland guaranteeing that 25& of the residential units are. affordable for moderate income persons in accord with the standards established by resolution of the Ashland City Council through procedures contained in said resolution. Current residents of rental units proposed for conversion to condominiums shall have first right of refusal to purchase. The City of Ashland will prepare the agreement to be signed and recorded prior to the signature of the final survey plat. 4) That the Public Works Department and Traffic Safety Commission review the existing rock retaining wall currently at the rear of the property concerning its Possible encroachment into the alley right-of- way, and take appropriate action as determined by the governing body. 5) That the Traffic Safety Commission review the possibility of posting "NO PARKING" signs in the alley, and that they also review the possibility of closing the. alley to through traffic near the intersection of the two alleys., and that it be appropriately signed. Planning Staff to assist in the implementation of this condition. If "NO PARKING" signs are determined to be appropriate, all costs associated with. their installation shall be the responsibility of the applicant. a3�/z Planning Commisn Approval Date c1 �� '3 x r ,yi AS a , APmora ndum OREGON 19 March 1993 G7TII` Steve Hall, John McLaughlin, Jerry Glossop {ir James H. Olson, Assistant City Engineer 1tU�Et : "Skidmore Alley" I met with Mr. Brewer at 229 W. Hersey Street over a year ago to discuss this proposal.. At that time I told him I could not support his proposal for the following reasons: 1. The barricades in the center of the alley pose a safety threat. The presence of a barricade in the center of an apparent through street or alley is unusual and would be unexpected to a motorist unfamiliar with the traffic patterns. To present any form of safety the barricades should be highly reflectorized, chevron patterned units. Individual posts would probably not offer enough area to be clearly seen from a distance at night. Because of the unexpected nature of the barricades in the center of the through way, it could be argued that the City was negligent in its design of the traffic pattern. It is for this same reason that speed bumps are not allowed on City rights of way. Iris the unexpected nature of the obstacle that creates the hazard. 2. The proposed traffic pattern presents a confusing situation to a motorist; especially at night. A vehicle entering the alley from Van Ness believes he is entering a one-way access; however, he may see headlights moving toward him from Hersey Street, possibly causing momentary panic. 3. No amount of signing can prevent the inadvertent entry of vehicles from Hersey intent upon traveling through to Van Ness. This situation will require a backing movement either into the Socher parking area or onto Hersey Street. A backing movement onto Hersey Street, especially near the major curve to the west, presents yet another safety problem. 4. Perhaps the most important obstacle to this proposal is the status and condition of the alley outletting onto Laurel Street. This alley is currently unimproved and in its present condition would not support additional traffic. The intersection of the two alleys is perpendicular. It is impossible for a vehicle to make.this 90 degree turn and still remain within the right of way. 3 / To meet the demands of this proposal it would be necessary to acquire additional right of way at this intersection which would provide a 20 foot radius turning area. The remaining alley would require grading, draining, and additional base. SUMMARY I am opposed to this proposed traffic plan mainly from a traffic safety standpoint. The proposal simply creates more safety problems than it solves. Similar results could be acquired by more conventional and safer means. For instance speed signs could be added (15 mph) and spot enforcement enacted. The entire alley could be made one way from Van Ness north. Although this may pose some difficulties for the Socher's B&B access, the traffic flow would be much safer than to try and block the traffic in mid-street and use a complicated one-way and two-way traffic combination. rxo:nlakiemo,e.au 19 Mamh 1993-Page 2 'Skidmore Ailey . I C�• _ Mediterranean-style fare. Inns also in Grants Pass and Ore- Lodging Referrals W1.Z=!s breakfast, Ashland 975zo(boo) gon Coast.Tollfree(Soo) Ashland Assn.-Oregon8&B io on grounds.x6x 9-ANTONY.S19.z5-$105. zzz-zz44.z1u Biddle Rd.,Med- Guild "✓OBBG"denotes B& n 975zo. 503 ford 97504(503)770-5151•S49-S65. in statewide assn.of profession 78. Nendels Inn Contemporary inn. omantic x64 guest rooms.Indoor pool. Stratford Inn Walking dis tance to innkeepers.All inns inspected t Complete convention facilities.to theatres.53 deluxe,A/c rooms, assure continued compliance wi[ mmunity Hospi- miles north of Ashland.Airport x queen-size beds,in-room refrigera- highest standards of health& mile.Courtesy van.Home of Rock [ors,color cable TV.Free morning safety.For brochure:OBBG,Box Oil.z sunny,delightful rooms with 'n Rodeo,Medford's newest coun- coffee and tea.Indoor pool,whirl- 3187,Ashland 97520. scenic mountain views,queen beds, try restaurant&dance club.Exit pool and sundeck.Kitchenettes. Ashland B&BClearinghouse Pvt.baths,full breakfast,wine 0,1- zoo Crater Wheelchair accessible units.We appreciation. nd.(5 3)488-.7Chestnut,Ash- 3 S, 3 HWY., Free reservations by people who ve land (503)488-8000-865-f95.. Medford 97504.(503)779-3141- are a non-smoking inn.AAA.555 actually wen the rooms,know the (800)547-0x06.Rates:Summer Siskiyou Blvd.,Ashland 97510. details and are dedicated to finding $60-$1x0,Oct.through May (503)488-x151.Toll free rcserva- the best place for you.Basic to Ashland's Main Street Inn 3rooms S50411e. tions(goo)547-4741.555•$90. spectacular!S35-5x50 for z. on second Boor of Victorian home. Palm Motel and Houses Clean, SuperfI Motel Conveniently 9-9 Mon:Sat-;(503)488-0338• Period Bamrsh'ngs,color TV,private quiet,kitchen units,color cable located off 1.5 exit 14.Ashland's ABBN E Ashland B&B Network bath and A/c.Continental breakfast TV,A/C,pool,lawns,sun deck.z finest economy lodging facility A referral service comprised of weed m morn blocks 5 theava. and 3 bedroom houses,private offers an indoor pool,queen-size over zo of Ashland's finest inns. 142 . N Mar°'As hland 975 50.(503) yards,adjoin motel,available year beds,color TV,A/C rooms,guest Charming rooms to meet every 488-0g6g•55o-S85' round.Across from sose,zo65 Sis- laundry and non-smoking rooms. need.Your complete satisfaction is Aubom SLCotnge loselyprivate kiyou Blvd.,Ashland 975zo.(503) We emphasize dean,comfortable our goal.■indicates members; guesthouse in a quiet garden setting; 48z-z636.S38.$150. and consistent rooms and friendly brochure:Box 1051,975zo;daily kitchenette,opening skylights, service.Suite and wheelchair 0- 00: 0 81-BEDS. alcoves,redwood deck;5 blocks to Pear Tree Moo-! Off third deluxe 98 T• (S 3)4 nearby Phoenix exit,this deluxe � accessible rooms available.Major _ downtown;perfect for honeymoons motel offers spacious A/c rooms, credit cards.z35o Ashland St.,Ash- BM&Breakfast and Country Inns and longer stays;sleeps 3; kin and queen size beds,a heated land 975zo.Call mll free(800)Soo- Adune e■ En' a bit of 549 Auburn St.,Ashland 9752o. pool and pa,children's play area, 8coo or(503)482-8887.Sou-565. Ashland history in our goo home. (503)482-3004•S66-885. free remote control color TVs with T'unbers Mord AAA,z9 units,A/C, We offer spacious Ms.and adjoin- Bayberry Im 6 bedrooms,private cable and a z4-hour award-winning pool,2 kitchens,family units,On ing suites;queen beds,private baths,large living room,dining restaurant.(goo)645-733-$55-S70. phones,rubs/showers,color cable bath,A/C and full breakfast.5 room&fireplace.Full breakfasts, Phoenix Motd Exit r.4 off I.5 on Tv,restaurants adjacent,1450 Ash- blocks to thane.737 Siskiyou Blvd., deck&view,walk to Plaza. Hwy land St.,Ashland 97520(503) Ashland o 800 z 0Or Groups-sleeps 16.S6o-S95, H minutes n s south of Med- -540 •( )345- 57 ford,5minuta north of Ashland. 482-424x.FAX(5o;)p8z-87x; (503)488-5405.859-8x08. dinners upon request.488•x252. Deluxe rooms,A/C,cable,color $35450• Buckbom5prings "Preferred xeo with remote Tv.King and Vintage Court A classic 1940 s Albion Inn four level blocks to establishment";fhdftt NW Maga- r plays,one door above boulevard. zfxe�mry-old mineral springs queen sin beds,kitchenette, Bum court.n cozy bungalows Relax in newly renamed,simple swimming pool, king and tone newly remodeled,quiet garden, 18go's elegance,unique gardens. National al minutes Di of Ashland.Newly phones, s.(50mokinga-$33-S- some w/kitchens.breakfast, cable walk all put.bath,A/C. National Historic Dmeto.New/ ing rooms.(503)535-1555 533-543• toShakepeare.476 .Mai walk Family style table.Wheelchair restored baths lodge; and fahemerooms w/ Regency Inn&RV Quality,com- to Shakespeare.476 N.Main,Ash- access.34 Union,Ashland 97520 pv[.bathsandfamilystyleomou- fort,quiet.45roomsA/C,outdoor land 975x0.(503)q8z-xz46. rant serving healthy fare from our 56 $go. (503)488-3905.565-S83. organic gardm.Creek-side cabins, healed pool,colorable rv,free o- .AB's Well Guest House 1888 mountain trails,tranquility.(50 3) local calls,queen beds,non- Vista Morel 1-5,exit 14.10 q . ty' 3 historic charm.q blocks m theatres. 488-xxoo.S50-8150. smoking rooms.Member AAA,full minutes to for TV,.All rooms 4large prvt queen rms&bath hook-up i parking.hlaexit 5 With free color Tv,quers,poo w/jncar i tub,kitchenette,romantic ChanticleerIra✓OBBG 1t** (Valley View0, Ashland975zo. beds,to re mbrants and antique decor.Decked garden,BB% "Excellent;Mobil Tmuef Guide (503)q8z-p7oo,(goo)48z-4701. Next ro restaurants and lounge. hen, A/c P�for couples/faird Six luxurious A/c rooms.Private 340-558 no room tax. Near golf course.535 Clover Larie, baths,queen beds,views,legrn- Ashland975zo•(503)482-qµ3. h dory breakfasts,fireplace,gardens, _ Shoo-Medford Exit306ff I-5. S:5-SzB.!lisp,m/c. 3 7 ' DD phones,quiet location dose to Frce continental breakfast,fruit, Arden Famt In,M OBBG 19068 theatres.ran Graham,Ashland popcom.Satellite Tv.Sauna and "folk"farmhouse,family suite and steam rooms.Non-smoking _ 975:0.(803)48x-19x9.580-1175. rooms.Free airport shuttles.Shilo carnage house,wheddhau aaessr ble,near theatres.Twin/quern beds, H ,r- 3. .Z. v. Memorandum �REGO� June 4, 1993 a• Mayor and City Council r ram: Jill Turner; Director of Finance p�1T�jQLI. Budget RECOMMENDATION: The Budget Committee recommends passage of the ordinance levying taxes and the resolution appropriating expenditures. Discussion: The attached ordinance and levy include Children's Cultural and Recreation Serial Levy. The April 29, 1993, Budget Committee minutes and May 24, 1993 Budget Committee minutes are attached. Both First and second reading are required of the ordinance levying taxes prior to July 1, 1993. RESOLUTION ADOPTING BUDGET RESOLUTION NO. 93- A RESOLUTION ADOPTING THE ANNUAL BUDGET AND MAKING APPROPRIATIONS BE IT RESOLVED that the Ashland City Council hereby adopts the 1993-94 Fiscal Year Budget, now on file in the office of the City Recorder. BE IT FURTHER RESOLVED, that the amounts for the fiscal year beginning July 1, 1993, and for the purposes shown below are hereby appropriated as follows: GENERAL FUND Human Resources $ 78,370 Economic Development 216,840 Miscellaneous 65,500 Debt Service 104,000 Transfers Out 62,000 Contingency 255,160 Police Department 1,956,000 Municipal Court 157,000 Communications 393,000 Fire Department 1,653,180 Senior Program 129,000 Planning 382,650 Building 252.300 TOTAL GENERAL FUND $5,705,000 CEMETERY FUND Personnel Services $ 93,000 Materials and Services 106,650 Capital Outlay 11,000 Debt Services 2,000 Transfers 500 Contingencies 15.000 TOTAL CEMETERY FUND $228,150 BAND FUND Personnel Services $ 4,500 Materials 117,700 Contingency 7.800 TOTAL BAND FUND $130,000 AIRPORT FUND Personnel Services $ 1,000 Materials and Services 26,500 Transfers 19.000 TOTAL AIRPORT FUND $46,500 II RESOLUTION ADOPTING BUDGET STREET FUND Personnel Services $ 539,000 Materials and Services 897,200 Capital Outlay 154,000 Debt Service 15,000 Transfers 70,000 Contingency 100.000 TOTAL STREET FUND $1,775,200 CAPITAL IMPROVEMENTS FUND Personnel Services $ 1,000 Materials and Services 143,200 Capital Outlay 2,289,500 Debt Service 653,100 Transfers 46,000 Contingency 100.000 TOTAL CAPITAL IMPROVEMENTS $3,232,800 HOSPITAL CONSTRUCTION FUND Capital Outlay $840,000 BANCROFT BOND FUND' Debt Service $400,000 GENERAL BOND FUND Debt Service $463.000 DEBT SERVICE FUND Debt Service $83,500 ADVANCE REFUNDING BOND FUND Debt Service $776.000 WATER QUALITY FUND Water Division $2,835,610 Debt Services 4,200 Transfers 299,500 Contingency 200,000 Conservation Division 58.000 TOTAL WATER QUALITY FUND $3,397,310 III RESOLUTION ADOPTING BUDGET SEWER FUND Personnel Services $ 454,000 Materials and Services 614,000 Capital Outlay 1,153,400 Debt Service 431,200 Contingencies 100.000 TOTAL SEWER FUND $2,752,600 ELECTRIC UTILITY FUND Conservation Division $ 511,000 Electric Department 7,846,600 Debt Service 8,000 Transfers Out 67,500 Contingency 275,000 TOTAL ELECTRIC UTILITY FUND $8,708,100 CENTRAL SERVICES FUND Administrative Department $ 468,000 Finance Department 994,000 Contingency 100,000 Public Works Department 496,000 Computer Services 282,000 TOTAL CENTRAL SERVICES FUND $2,340,000 INSURANCE SERVICES FUND Personnel Services $ 14,500 Materials and Services 596,000 Transfers Out 30,000 Contingency 400,000 TOTAL INSURANCE SERVICES FUND $1,040,500 EQUIPMENT FUND Personnel Services $ 143,000 Materials and Services 371,500 Capital Outlay 592,000 Contingency 60,000 TOTAL EQUIPMENT FUND $1,166,500 CEMETERY TRUST FUND Transfers $30.000 IV RESOLUTION ADOPTING BUDGET HOSPITAL FUND Personnel Services $ 6,885,200 Materials and Services 4,829,100 Capital Outlay 2,025,000 Transfers 381,000 Contingencies 700.000 TOTAL HOSPITAL FUND $14,820,300 PARKS AND RECREATION FUND Parks Division $1,434,700 Debt Service 4,500 Transfers 71,000 Contingency 8,000 Recreation Division 123.800 TOTAL PARKS AND RECREATION $1,642,000 RECREATION SERIAL LEVY FUND Personnel Services $ 54,600 Materials and Services 56.400 TOTAL RECREATION LEVY FUND $111,000 CHILDREN'S CULTURAL AND RECREATIONAL SERIAL LEVY FUND - Materials and Services $765.000 PARKS CAPITAL IMPROVEMENTS FUND Capital Outlay $208.000 PARKS AND RECREATION TRUST FUND Materials and Services $800 TOTAL APPROPRIATIONS $ 50,662,260 This Resolution was READ BY TITLE ONLY and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland on the 15th day of June, 1993. Nan E. Franklin, City Recorder SIGNED AND APPROVED this _ day of June, 1993. Catherine M. Golden, Mayor ieyved s to form: Paul Nolte, City Attorney h:Vill\wpV Wget%Word.1 V ORDINANCE LEVYING TAXES ORDINANCE 93- AN ORDINANCE LEVYING TAXES FOR THE PERIOD OF JULY 1, 1993, TO AND INCLUDING JUNE 30, 1994, SUCH TAXES IN THE SUM OF $3,492,485 UPON ALL THE REAL AND PERSONAL PROPERTY SUBJECT TO ASSESSMENT AND LEVY WITHIN THE CORPORATE LIMITS OF THE CITY OF ASHLAND, JACKSON COUNTY, OREGON THE PEOPLE OF THE CITY OF ASHLAND ORDAIN AS FOLLOWS: Section 1. That the City Council of the City of Ashland hereby levies the taxes provided for in the adopted budget in the aggregate amount of $3,492,485 and that these taxes are hereby levied upon the assessed value for the fiscal year starting July 1, 1993, on all taxable property within the City. Section 2. That the City Council hereby declares that the taxes so levied are applicable to the following funds: General Fund $ 962,167 Cemetery Fund 171,258 Band Fund 58,500 General Bond Fund (92 Water Bonds) 164,900 Recreation Serial Levy Fund 63,000 Children's Cultural and Recreational Serial Levy Fund 873,000 Parks and Recreation Fund 1.199.660 Total $ 3,492,485 The foregoing Ordinance was first read on the 15th day of June 1993, and duly PASSED and ADOPTED this 15th day of June, 1993. Nan Franklin, City Recorder SIGNED and APPROVED this day of June, 1993. Catherine M. Golden, Mayor Reviewed as to form: Paul Nolte, City Attorney H:U]AwpW WottUUora.2 Budget Committee Minutes 7 : 30 p.m. April 29, 1993 Civic Center The meeting was brought to order at 7: 30 p.m. by Riordan. Other Committee members present were Hauck, Stepahin, -Meredith, Laws, Orf, Wenker, Bashaw, Acklin, and Wheeldon. Staff present were Almquist, Turner, Huckins, Williams, Mickelsen, Hall, McLaughlin, Woodley, Laws, Brown, and Murray. The first item on the agenda was approval of minutes from the meetings that have taken place so far in 1993 . Riordan asked for discussion on the Economic Development minutes. . . Wenker opened with a request that the $2, 500 for membership in SOREDI be added back into the grant for the Chamber of Commerce Visitors and Convention Bureau and be taken from somewhere else in the budget instead. When asked, Almquist said the only fund it could come from is the contingency fund which is $250, 000+. Laws defended including the allocation in VC&B obligations because SOREDI is related to economic development. Wenker asked where the money came from two years ago. Staff replied that long ago it was part of the Planning Division budget. Wenker moved to pay for the SOREDI membership from the contingency fund and increase the VC&B grant by $2,500. Meredith seconded the motion. . .Bashaw asked if there is a reason to do this. . .Wenker replied that it puts the VC&B closer to their budget. They work very hard and the Economic Development Sub Committee decreased their request for funds earmarked for economic development. . .Laws noted that there is a formula established for determining allocations. He said that if the Committee changes this allocation they will be overriding both the formula AND the sub committee recommendation. . .Acklin offered that the full Committee could make the adjustment within the economic devel- opment allowance. . .Hauck verified. that the Sub Committee in effect eliminated the money for a City-wide survey of opinions on economic development. . .Meredith affirmed that she wanted. more money to go to the VCB to start with. . .Wheeldon asked members of the Economic Devel- opment Sub Committee why the funds to the VC&B were cut? . . .Almquist said the Sub Committee allowed more money to the small arts than was initially budgeted. Riordan called for a vote on the motion. Wenker voted aye; all others voted -no. Motion failed. Laws moved to approve the Economic Development Sub Committee minutes for April 8. Hauck seconded the motion. Wenker and Acklin voted no; all others, ayes. Motion carried'. Winthrop arrived at 7 :45. Hauck declared a conflict of interest concerning Human Resource grants and left the Committee during discussion and voting on Human Resource Sub Committee Minutes.' Meredith moved to approve the Human Resource Sub Committee minutes for March 18 ; Riordan seconded. Ayes all. Stepahin questioned a statement on the second page of the Full Commit- tee Minutes from Feb. 18, 1993 , that said "Acklin doesn't want wind- fall growth to go to the General Fund. " It was confirmed that Acklin DOES want growth to go to the General Fund. Hauck moved to approve the Feb. 18 minutes as amended; Acklin second- ed. Ayes all. Winthrop moved to approve the Full Committee Minutes for April 8; Riordan seconded. Ayes all. Orf Moved to approve Economic Development Sub Committee Minutes for April 1; Riordan seconded. Ayes all. Stepahin moved to approve the Public Works Sub Committee Minutes for April 12 ; Riordan seconded. Ayes all. Hauck moved to approve the Electric Sub Committee Minutes for April 14; Bashaw seconded. Ayes all. Golden arrived at 7 : 50. Meredith asked if the Band request for money ($14,000+) is fund raising seed money. Yes. Meredith moved to approve the Hospital/Parks/Band Sub Committee Minutes from April 15; Riordan seconded. Ayes all. Meredith moved to approve the Public Safety Sub Committee Minutes for April 19; Golden seconded. Ayes ally Meredith asked for explanation of the Mt. Ashland restoration fund. Turner said the City established the fund as well as acting as the agent for Mt. Ashland Assoc. The fund is a non expendable trust fund for the purpose of restoration. Per the lease agreement, 10% of .the Mt. Ashland Association net profits will go to the fund with the City. Jack Blackburn asked for clarification as to why Hauck stepped away from the proceedings. Hauck said it was an ethical matter; he works for one of the programs requesting a grant and therefore did not want to be part of the decision making process. Other committee members then expressed their potential conflicts of interest, some of which had already been disclosed at the sub commit- tee meetings: Laws - potential conflict of interest with Central Services because his wife is employed by the City; Orf - potential conflict of interest because she works in the Municipal Court (as mentioned at the sub committee meeting) ; Winthrop - stated a potential conflict of interest with economic development grant allotments. because he has a daughter in the ballet (this was also mentioned at the sub committee meeting) ; Wenker - although she receives no monetary Budget Committee Minutes 4/29/93 2 consideration, Lois chairs the Economic Development Committee for the Chamber of Commerce; Wheeldon - expressed a potential conflict of interest because she is employed by OSF; Acklin - 'now works f6r Rogue Valley Council of Governments, her husband is in the Rogue Valley Symphony, and she is on the Hospital Board; Meredith - has potential conflicts because her daughter is in the ballet and her business is involved with many entities in the valley (this .was also disclosed at the subcommittee meeting) . The general definition of conflict of interest involves a monetary connection. Winthrop affirmed that -it is important fdr the public to be aware of the economic links committee members have with the various groups and entities their decisions effect. Wenker asked what ARE the citizens of Ashland looking at in the way of increases? Almquist said he anticipates electric rates will go up 11-180; the sewer rate is in question - 25%, which would be about $3/month for a single family dwelling; food & beverage tax will probably go to 5%; the water rate will increase 10% at the second and higher block rates in Jan. of 1994 ; property taxes will increase 13% ($0. 30/$1, 000) or about $30 per year for a $100, 000 home. Winthrop moved to approve the Budget as presented; Hauck seconded. Ayes all. Golden moved to approve the tax levy as proposed; Winthrop .seconded. Ayes all. The General Fund Tax Levy is up 6.8%. The total Property Tax Levy is $2 , 619,485. Other Business: Mickelsen distributed a handout regarding the upcoming recreation tax levy vote. He requested the Budget Committee endorse it and publish, that endorsement. After some discussion Acklin noted that some members of the Committee didn't want to make a political endorsement of a ballot measure. . Bashaw noted that as a point of order, such an endorsement is beyond the scope of the Committee. It was decided that the members that wanted to publicly endorse the statement would sign it individually. Winthrop asked how the Committee is going to proceed next year. Laws said that currently the staff is working with the Committee directive to switch to a program budget that includes line items. Turner said that this year some departments worked up a three year budget, but they still need to be fine tuned. Next year the depart- ments that actually did the numbers will be in better shape than those that used multipliers. She said that organizational charts would probably be included in the overview narratives, and that the narra- tives would probably be expanded to four pages from two. Long term plans need to be covered in more detail, and service level indicators will be better defined. Steve Hall said that with the waste water treatment plant upgrade, state regulations, sluicing, and other ongoing considerations, it is Budget Committee Minutes - 4/29/93 3 impossible for him to make the necessary changes in the water, street, sewer, and airport budgets in only one year. He is working on changes one stage at a time. For instance, when he works on the water dept. budget he has the divisions of source, treatment, . and distribution to cover. Acklin suggested that the staff propose a schedule for future budget process. She noted that with the process having been so demanding in the Fall some staff and committee members got dangerously close to burn-out, which is not good. Winthrop expressed appreciation for the efforts of the staff, depart- ment heads, Brian, and Jill. He said it's a good document and getting " better. Meeting adjourned at 8 : 45. Budget Committee Minutes - 4/29/93 4 Budget Committee Minutes May 24, 1993. 7: 30 p.m. Civic Center A The meeting was brought to order by Riordan at 7 : 35 p.m. Other committee members present were Hauck, Bashaw, Meredith, Laws, Orf, Acklin, Stepahin, Riordan, Winthrop, Golden, and Wheeldon. Staff present were Turner, Nolte, Williams, Laws, Franklin., Brown, Drescher, Mickelsen, and Murray. Turner went over a handout which covered a proposed budget for the Cultural and Recreation Levy Fund and Property Taxes. Allen Drescher addressed the meeting on behalf of the committee that organized the proposed tax. He stated that the result on Measure 5 is that there will be $2 million less available than last year. If you add inflation and new students to that, the deficit is even greater. To balance the budget the school board cut programs in debate, band, orchestra, upper level language courses, yearbooks, athletics, and counselors ("which is one of the cruelest cuts") . At the May Day Forum, a problem solving/brainstorming session held for community members, it was proposed that a Culture and Recreation Tax be proposed to be administered by the City through the Parks and Recreation Department. If the tax is approved it will add $.97/$1,000 of assessed value which will be for cultural and recreation programs in the schools. The net effect of Measure 5 and the success of this Levy would be $1.50/$1, 000 assessed value more in the taxpayers pocket than last year. Measure 5 will decrease taxes by approximately $2.50/$1, 000 and the Culture & Recreation Tax will be $.97/$1, 000, thus there is still a net tax relief. Even if the tax is passed, none of the programs will be fully rein- stated. Winthrop asked if the list of programs to be aided is ap- proved by the school board. Drescher answered yes. Bashaw said that he got the impression from the Daily Tidings that athletic programs would be restored and academics would still be in shambles. Allen said it would not be like that; no program will be restored 100%. The restoration will be across the board though. Drescher noted that this is a two year levy. If the State Legislation fixes the shortfall it's likely our schools won't receive the money until 1994 . Request for public input. None offered. Laws had some questions for Nolte - he expressed concern that if the tax passes it could cause State funds to be decreased even more, which could result in academic programs being cut while the programs sup- ported by this tax would be funded. He asked if Nolte was sure this Budget Committee Minutes - May 24, 1993 1 would not happen. He also asked if the City of Ashland's revenues could be used for educational purposes, or if the taxes would be subject to the $10 limit. It is his observation that if we don't raise taxes the school district is safe as it is. Nolte replied that according to Measure 5, regardless of the source, if taxes are used exclusively for educational services they are subject to the $10 limit. Therefore, a few non-school entities or functions will be funded along with the school interests so the tax is not going exclusively to educational endeavors. This way it will not be added into the $10 limit nor can the amount be deducted from State funds. It would however be subject to "compression" if it was decided that it should be subject to the $10 cap (if it is decided the money is going exclusively for educational purposes) . The $800,000 raised by the tax would then be deducted from State funds and Ashland taxpay- ers would possibly have done themselves a disservice in the long run. Laws asked what would happen if 10 citizens appealed the tax? Turner explained that under compression, each overlapping jurisdiction is proportionately decreased. Drescher noted that the School Board has adopted a budget without these programs included so it will go forward either way. Acklin asked what if it passes and is then appealed (which would have to be filed within 30 days) . Golden replied that it is similar to a referendum on a City activity; nothing happens until the court renders its decision. Winthrop acknowledged that Laws was raising some good points. He noted, however, that he is more relaxed because he has read Nancy Peterson's opinions on the subject (Legislative Council) . . .Ackl'in noted that if adults can attend the funded programs (such as after school music programs) they are not "exclusive" . . .Winthrop wanted to know if we are allocating funds to obscure adult activities to avoid the "exclusively educational" clause. . .Bashaw asked who would deliver the adult services. Nolte said that if the tax passes about $10, 000 of the projected $800, 000 will be for other than school programs, with $2 , 000 going to the teen center and $8, 000 to other areas. He said there is an intergovernmental agreement between the Parks and the School District that outlines allocations. Wheeldon asked if we are creating adult community programs to legiti- mize the tax. Nolte said one proposal is to allocate some funds to the community center, which is. not a new program. Laws noted that the community portion of the funds would be just over 1 percent. Golden clarified for any community members present that "what we are talking about doing is like putting a butterfly bandage on a gaping wound. " Budget Committee Minutes - May 24 , 1993 2 . Laws moved to amend the committee's previous recommendations as pro- posed tonight. Hauck seconded. Acklin excluded herself from voting due to a conflict of interest. Golden declared that she would be voting yes and noted that tonight's meeting was only necessary because the State Legislature hasn't done its job. The programs legislators are looking at are substandard by Ashland's measure. She admitted this is an "end run around" and said it will hopefully only be necessary for one year until the State Legislature gets its act together. . .Stepahin acknowledged hearing the arguments but said she could not vote in favor of the new tax. . .Bashaw said that although he respects the efforts of the community, he comes from a conservative bent and feels the committee is sailing too close to the wind on this. If you go up to $5, the county will add another $2 soon and it will be up to $10 before we know it. Therefore, I vote no. I will wait for the State to solve this, as they will. . .Laws reminded that as stated by Drescher, the tax will be a net less cost. . .Acklin said that if she could support the proposal she would, because while adults are not able to reach a consensus, we will forgo the option to provide today's kids with once in a lifetime opportuni- ties. . .Orf acknowledged that there is a risk as to where this might go, however, the bigger risk is short changing the kids. She sees today's opportunities as the last chance for the kids who are current- ly in the court .system. . .Winthrop noted that although the region (Jackson County) supported Measure 5, Ashland community did not. He reminded those present of the tie between quality schools and the economic potential and health of the community, a quality worth preserving for many reasons. Before the roll call vote Hauck again mentioned his conflict of interest on the Human Resource budget. On roll call, Winthrop, Orf, Golden, Laws, Riordan, Meredith, Hauck, and Wheeldon voted yes; Acklin abstained; and Bashaw and Stepahin voted no. Motion carried. Golden moved to approve the tax levy. Meredith seconded. Ayes all. Meredith thanked the community for their efforts. Meeting was adjourned at 8:40. Budget Committee Minutes May 24, 1993 3 APR 0 7 1993 ] ��- 2110 Creek Dr. " q Ashland, 97520 �^^....................ate April 5, 19 93 City Council Ashland, Or. we the undersigned ask that the city of Ashland help to improve Clay Street between Hwy 66 and E. gain. Our development Ashland Meadows is in the city limits now. The developer Hank Albertson plans to add 60 more units, all with entrance and egress to Clay. Clay St. is a narrow 2 lane county road which makes for dangerous and inconvenient walking, as well as driving. It is used by walkers, many of us seniors, and by exercise classes from the YMCA . ?de request that the city work to obtain funds from the county, the federal govt. , the developers (both Ashland Meadows and Tiling Spread Mobile Home Park) as YD l 7v q& well as from the Citv of Ashland. `f 7 Yours truly, t 1 y a Ta, Memorandum ,. June 10, 1993 ORFOOt� Honorable Mayor & City Council r rvm: Brian L. Almquist, City Administrat r Medford Growers Market At the last Council meeting the owners of Puck's Donuts, Mr. Don Sauls, raised several issues about code compliance by the Medford Grower's Market, which uses Water Street on Tuesday mornings. I have asked the Staff to investigate and their findings are as follows: 1. Sian on N. Main Street. The "A" frame sign in the back of the truck or on the roof of the vehicle parked on N. Main near Water Street is legal. Our sign code does not regulate signs in or on vehicles. Perhaps the code should be amended, but the sign is not presently regulated. 2. Overtime Parking. The vehicle with the sign on N. Main has been checked regularly by Wendy, our parking control officer, and has not been parked overtime. They have been changing the vehicle every 2 hours, but the sign is the same. 3 . C.U.P. Violation: The C.U.P. requires that at least 60% of the market be comprised of vegetables and plants. There is no requirement that the 60% apply to each booth. Planning Director McLaughlin has walked through .the market the past several Tuesdays and found them to be in compliance. As far as Staff can determine, the Medford Growers Market is in compliance with all city ordinances. (d:k=de0mcdfgro ) AS of Af. Arm or an dum OREGOa 3 June 1993 �{ Brian Almquist, Steve Hall, Paul Nolte t'1 Q: ,TIT James H. Olson, Assistant City Engineer ram(-29 *hj9& Termination of Easement of Lot 1 of Railroad Village Subdivision No opposition has been expressed toward the termination of the bikeway easement located along the west boundary of Lot 1, of Railroad Village Subdivision. May we place this item on the agenda for the 15 June Council meeting? We will need authorization for the mayor and recorder to sign the attached quit claim deed. IHO:nUrtwbut.Ld i �H E 11t II X � Yt T� �:t ltt O4EGOa May 27, 1993 ill II. Brian Almquist, Paul Nolte, Steve Hall, John McLaughlin rum: Pam Barlow, PW Admin. Asst. 11IIjEL'f: Termination of Easement on Lot 1 of Railroad Village Subdivision At their regular meeting of May 18, the Bicycle Commission discussed the request made by Steve Hoxmeier to delete the 8' wide bikeway easement dedicated along the westerly boundary of lot 1 in the Railroad Village Subdivision. The proposal was unanimously approved. "may OF AS/y4yo OREGON 23 April 1993 �T Brian Almquist, Paul Nolte, Steve Hall, Pam Barlow, John McLaughlin rom: James H. Olson, Assistant City Engineer U ,f6UbjeCt: Termination of Bikeway Easement on Lot 1 of Railroad Village Subdivision Steve Hoxmeier, who recently purchased lot 1 in the Railroad Village Subdivision, has expressed a desire to vacate or terminate the bikeway easement which was dedicated along the westerly boundary of that lot. It appears that his proposed building plans would conflict with the use of this easement. This easement was not part of the originally required easements for the subdivision and was added later as a possible extra outlet at the terminus of the bikeway: It now appears that this route may not be developed in favor of the 'A' Street route and that this section of easement would not be needed. Mr. Hoxmeier has provided a quitclaim deed which would release all of the City's right, title and interest in the easement. The document is attached for Paul's review. If there are no objections to this request may this matter be placed on the Council agenda for approval by the Mayor. JHO:rs\Ko.iwau.. FORM No. 9r0—QUITCLAIM DEEDSTATUTORYFORM (Co,,feG.o,j. OK if QXTITCLAnt DEED—STATUTORY FORM CO' GRANTOR .CITY OF ASHLAND, a Ykinicipal corpord RITE . ............................ ............................. .. .............. . ............................................................................... ................... ------------------------------- -- a corporation duly organized and existing under the laws of the State of .........Oregm................................... Grantor, releases and quitclaims to ......S=. HOXMEIER_and.XATHY..HO)MIIER,- husband-and.wife as teriants- -------_...by-.the.entirety. ............ --- - ---- ... ... .. . ..... .... .....- - ......I.............. ...........__................._......---- ...........Grantee, all right, title and interest in and to the following described real property, situated in ....Jackson ....................................................County, Oregon, to-wit: ALL RIGHT TITLE AND INTEREST INTO THAT CERTAIN EASEMENT DESCRIBED AS AN EIGHT FOOT BIKE PATH EASEMENT RUNNING ALONG, THE WESTERLY EIGHT FEET OF LOT 1, RAILROAD VILLAGE SUBDIVISION, A CUIMERCLAL SUBDIVISION TO THE CITY OF ASHLAND, IN THE CITY OF ASHLAND, d JACKSON COUNTY, OREGON AS DEDICATED ON THE RECORDED PLAT AND DEDICATION. THE 8 FOOT WIDE BIKE EASEMENT ALONG THE NORTH OF SAID LOT SHALL BE UNAFFECTED BY THIS ACTION AND SHALL CONTINUE ALONG THE FULL WIDTH OF THE LOT FOR 141. 60 FEET . if JIF SPACE INSUFFICIENT, CONTINUE DESCRIPTION ON REVERSE SIDEJ The true consideration for this conveyance is $............................. (Here comply with the requirements of ORS 93.030) jj .................................................................................................................................................................................................... ................ .................................................................................................................................................................................................... ........... ........................................................................................................................................................................................... ..................... Done by order of the grantor's board of directors with its corporate seal affixed on........................................... 19--...... !I iI THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DE- ;I SCRIBED IN THIS INSTRUMENT IN VIOLATION OFAPPLICABLE 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 By ..................................................................................P,,stiderit- COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. tylayul I (CORPORATE SEAL) BY ....................................................................................3eel;et Recorder STATE OF OREGON, County of .......................................... )Ss. ..................................................... ----_1 f9_..-....... Personallyappeared ..................................... ..................-...........__...... and .... .._................ ................................................. who, each being first duly sworn, did say that the former is the...............I...... ........- __......-__._president and that the latter is the . ........ ...... ....secretary of -------------.................. -......... .................................... ..............-..............:... ...-.................... .........................__............. ..... ............... a corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was signed and sealed in behalf of said corporation by authority of its I board of directors; and each of them acknowledged said instrument to be its voluntary act and dead. (OFFICIAL SEAL) Before me: ............................................................................................... Notary Public for Oregon; My commission expires:.............................. QUITCLAIM DEED STATE OF OREGON, it ...........................................................................—------------...... S. iI GRANTOR if ...................................................................................GRANTEE............ GRANTEE County of .......................................... i ..................................................................................................... I certify that the within instru- ....................................................................... ...................... ment was received for record on the GRANTEE'S ADDRESS.ZIP ..........day of................................... 19....... After recording return to: CitRecorder SPACE RESERVED at ................ o'clock M., and recorded y ... .... . ................................................................... in bookIreellvolurne No.....................on C.i..tY...Of...Ash al d ...................... . .................... FOR page ........................ or as feelfilelinstru- RECORDER'S USE 'i'ty...Hall............................................................. mentlznicrofilmlreception No ....... Ashland .O ........975.20.......................................... • Record of Deeds of said county-*....... NAME. ADDRESS. ZIP I Witness my hand and seal Of Until a change is requested,all tax statements County affixed. shall be sent to the following address: ---HO)l'IFIER, ...................................................................... NAME TITLE --Ashland....Or.--97-520............. ay-... - .... Deputy ...................................... a NAME. ADDRESS. ZIP IN _ .. ti IN N C UH C = I N Y u i is"•_e:Y°55 g^g Hk Z 0 O . c Z O C O at wl E] N w i Ha C7 Q Z T i Z H _ _ �• °u' f J .nz p .s� sa° 8 F V G° Q Q O rtmf O O, i . Q YY 2ie2 $ i r Q �.; • vi H p o Y . i E �z E`8% S a 8 ilaa J35 Q� iAVih e Q U p u u 8 ' m Q Q N 7 IN w O f f cir WIT I � I • I � f CGS £8::4• .L.s F"I iii:. ; .'. : i I o �ixYgC £`°f.: Cak :•1 •C' :d`] � - I .[__�_.ni__-p. a b"=_ : C:1 _ie�Y-a_ :S•.:•'i::'" a : : Rim bib "i$:i••#'••Q.•yi E.F•£8"i 9 i y•�aa `at.�a#ii�2`cF5•f.:`." � �: :y: � f'. m :L a r .11i::.; ii:Y:Y::.f- f ; Z.i t I I o aa 3J3$ OJE o �'C @a[ FyYYCic••t•ai s?=^5�:yJ:ifr JJ 5• xd ." I w N, n r•an .� m .,Q I City Attorney City of Ashland .(503) 482-3211, Ext. 59 MEMORANDUM June 8, 1993 TO: The Mayor and Council FROM: vim. Paul Nolte SUBJECT: Ordinance Amending First Reading of Food and Beverage Tax Clarification The above ordinance has been amended as requested by council at the last meeting and is now ready for the second reading. The amendment exempts a certain class of small operators from the tax. The exemption is not based on volume but rather on the type of establishment that raised the problem: Cook's Tavern (Playbill) is liable for the tax only because it is required to have a "limited service restaurant" license. A limited service restaurant is defined in OAR 333-150-000(33) as "a restaurant serving only prewrapped sandwiches, or a single dish or food product, and non-perishable beverages." This amendment redefines restaurant to not include a limited service restaurant. A limited service restaurant is almost by definition going to be a small operator (but, of course, not all small operators will be limited service restaurants - nevertheless, there has been little or no concern expressed by other small operators in general).. There are only two limited service restaurants in Ashland: Cook's and-City Art Works. This amendment does not address any other small operators. To address small operators in general will require a more complex set of requirements together with a method to verify those requirements being met. Attachment cc/w attachment: Brian Almquist Ken Mickelsen Jill Turner Karen Huckins (s AcouncilVbt-rev 2.mem) ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 4 .34. 010, 4.34.020, 4.34.030, 4.34. 040, 4.34.050 and 4.34. 070 TO CLARIFY FOOD AND BEVERAGES SUBJECT TO TAXATION AND MODIFYING COLLECTION, REPORTING AND APPEAL REQUIREMENTS. ANNOTATED TO SHOW DELETIONS AND ADDITIONS MADE TO THE ORDINANCE. FIRST READ ON JUNE. 1, 1993 . DELETIONS ARE LINED THRGUGH AND ADDITIONS ARE 5fi130�#S. . THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Subsection 4 . 34.010.G of the Ashland Municipal Code is amended to read: 4 . 34 . 010 Definitions. The following words and phrases whenever used in this chapter shall be construed as defined in this section unless from the context a different meaning is intended. G. "Restaurant" means any establishment required to be licensed as a restaurant, mobile unit or pushcart by the State of Oregon Health Division and includes any establishment where food or beverage is prepared for consumption by the public or any establishment where the public obtains food or beverage so prepared in form or quantity consumable then and there, whether or not it is consumed within the confines of the premises where prepared, and also includes establishments which prepare food or beverage in consumable form for service outside the premises where prepared. The term restaurant also includes establishments where such food or beverage is prepared in a combination facility. The term restaurant doesnot lnelud4 aestautant � � ensed by the State of csrean tie3thvison as: a limited servlce restaurant . SECTION 2 . Subsection 4 . 34 . 020.A of the Ashland Municipal Code is amended to read: 4 . 34 . 020 Tax imposed. A. The city imposes and levies, in addition to all other taxes, fees and charges of every kind, a tax upon: 3 . The following items sold by combination facilities: a. Salads from salad bars; b. Dispensed soft drinks and coffee; and C. Sandwiches or hot prepared foods ready for immediate consumption. d. Any other food mixed, cooked or processed on the premises in form or quantity for immediate consumption whether or not it is consumed within the confines of the premises where prepared. PAGE 1-ORDINANCE (p:orM=-Nbt.64) (SECOND READING) SECTION 3 . The following subsection 4. 34 . 020.A.4 is added to the Ashland Municipal Code: _ 4 34 020 Tax imposed. A. The city imposes and levies, in addition to all other taxes, fees and charges of every kind, a tax upon: 4 . The following items sold by combination facilities that are bakeries: a. All those items listed in section 4 . 34 .020.A. 3 .a-c; b. All bakery products sold for consumption on the premises; and C. All "takeout" or "to go" orders except for whole cakes, pies and loaves of bread and any order consisting of six or more bakery products. ; SECTION 4 . Subsection 4. 34 . 020.B of the Ashland Municipal Code is amended to read: B. Such tax shall be imposed at a rate of one percent on the total amount charged by the seller for the food and beverages, or for the meal, ' pur-ek . In the computation of this tax any fraction of one-half cent or more shall be treated as one cent. SECTION 5. Subsections H, I, J and K are added to Section 4. 34 . 030 of the Ashland Municipal Code as follows: 4 34 030 Exemptions. The tax levied by section 4. 34 . 020 shall not be collected or assessed on food or beverages: H. Sold for resale to the public. I. Sold in bulk to the public for non-immediate consumption off the premises such as ice cream packed in a container of one-half gallon or more. J. Which are candy, popcorn, peanuts, chips, gum or other confections but not including ice cream., frozen yogurt, cakes, pies or other desserts. K. Sold after July 1, 1993 , but before December 31, 1993, pursuant to a contract for the sale of such food or beverages signed and delivered to the operator prior to May 4 ; 1993 , provided that a copy of such contract is retained by the operator for review by the director upon request. SECTION 6. Section 4 . 34 . 040 of the Ashland Municipal -Code is amended to read: 4 34 040 Operator's Duties. Each operator shall collect the tax imposed by this chapter, to the same extent and at PAGE 2-ORDINANCE (p:crd\tax-fbt.64) (SECOND READING) the same time as the amount for the food or beverage is collected from every purchaser. The amount of tax need not be separately stated from the amount of the food or beverage. Every operator required to collect the tax imposed in this chapter shall- be entitled to retain five percent of all taxes collected to defray the costs of collections and remittance. . SECTION 7 . Section 4 . 34 . 050 of the Ashland Municipal Code is amended to read: 4. 34 . 050 Reporting and remitting. On or after July 1, 1993 , every operator shall, on or before the 25th day of the month following the end of each calendar quarter (in the months of April, July, October and January) , make a return to the director, on forms provided by the City, specifying the total sales subject to this .chapter and the amount of tax collected under this chapter. At the time the return is filed, the full amount of the tax collected shall be remitted to the director. The director may establish shorter reporting periods for any operator if the administrator deems it necessary in order to insure collection of the tax and the administrator may require further information in the return relevant to payment of the liability. Returns and payments are due immediately upon cessation of -business for any reason. All taxes collected by operators pursuant to this chapter shall be held in trust for the account of the City until payment is made to the director. A separate trust bank account is not required in order to comply with this provision. SECTION 8. Section 4 . 34 . 070 of the Ashland Municipal Code is amended to read: 4 34 070 Failure to Collect and Report Tax--Determination of Tax by Director. If any operator should fail to keep adequate records or refuse to pay the tax imposed by this chapter, or to make, within the time provided in this chapter, any report and remittance of the tax or any portion required by this chapter, the director shall proceed in such manner as deemed best to obtain facts and information on which to base the estimate of tax due. As soon as the director shall procure such facts and information as is able to be obtained, upon which to base the assessment of any tax imposed by this chapter and payable by any operator who has failed or refused to collect the same and to make such report and remittance, the administrator shall proceed to determine and assess against such operator the tax, interest and penalties provided for by this chapter. In case such determination is made, the director .shall give a notice of the amount so assessed by having it served personally or by depositing it in the United states mail, postage prepaid, addressed to the operator so assessed at the last known place of address. PAGE 3-ORDINANCE (p:ord%w-fbt.64) (SECOND READING) Such operator may make an appeal of such determinations as provide in section 4 . 34 . 080. If no appeal is filed, the director.'s determination is .final and the amount thereby is immediately due and payable. PAGE 4-ORDINANCE (p:0rd\1ax-(bt.64) (SECOND RFADINO) MEMORANDUM ASHLAND POLICE DEPARTMENT June 8, 1993 To: Mayor and City Council via City Administrator/Police Chief By: Lieutenant Mel Clements Recent years of drought have alerted staff to the potential threat of fire danger. A significant number of cooking and warming fires, or their sites, have been discovered in highly combustible areas. A couple of years ago, hundreds of homes were destroyed in the Grass Valley, California. area, as a result of a transient campfire which got out of control. It could happen here. Last summer, several city officials (Councilor Arnold, Chief Woodley, Chief Brown, Captain Barnard, Lieutenant Clements, and Sergeant Bianca) conducted an on-site inspection of these areas. It is recognized that while offensive littering statutes address some of the health risks of debris associated with this activity, the current Municipal Code does not provide protection from an out of control fire. The intent of this ordinance is not to burden a select group of the population, but rather to encourage a safer environment for the entire community. Also, the proposed ordinance, while addressing the fire threat, will encompass situations where unsupervised children are experimenting or playing with combustible materials. In the event of a violation, sanctions would be contingent upon the officerfs discretion. Enforcement of our park curfew ordinance utilizing the "spirit of the law" vis-a-vis 11the strict" letter of the law has demonstrated the effectiveness of prudent judgment as an officer's guide in such matters. This ordinance would control threatening fire situations by providing fire fighters and police officers an enforcement tool of reasonable authority when appropriate. cc: Councilor Arnold Fire Chief City Attorney ORDINANCE NO. AN ORDINANCE AMENDING ASHLAND MUNICIPAL CODE SECTIONS 10.30.005, 10.30.010 AND 10.30.050 TO PERMIT CAMPFIRES ONLY IN DESIGNATED AREAS. ANNOTATED TO SHOW DELETIONS AND ADDITIONS. DELETIONS ARE LIKED THROUGH AND ADDITIONS ARE $HTlbE3. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 10.30. 005 of the Ashland Municipal Code is amended to read: 10. 30. 005 Definitions. The following words and phrases whenever used in this chapter shall be construed as defined in this section unless from the context a different meaning is intended. A. "Fire Chief" means the City of Ashland Fire Chief or the Chief's representative. �RGampf r " 1?te$ns axay re f,6 cooking n atecl; o�Its3de a a Building ©r reoreatlgssal vehleI ;! BC. "Outdoor fire" includes any outdoor fire except a fire for cooking. r�persdt# in �nar��"..mans a person ax � xe�sresent�t�;ve ax. an aploye of a. .person who has ia�zful control off; the site` off'Sthe fare by ovrnershp, t�enal�cy, n�E�.c�la� �,psi��.on ter:.....` cthe� 3e}a� _relatianshp ` EIS. "Ventilation index" means the National Weather Service's indicator of the relative degree of air circulation in the Rogue Valley. SECTION 2 . Section 10. 30. 010 of the Ashland Municipal Code is amended to read: 10.30. 010 Outdoor and Indoor Burning Restricted. A. No person shall start or maintain any outdoor fire except as authorized in this chapter. B. No person in Ysarge shall cause or knowingly allow any outdoor fire to be"started or maintained on any part of such premises, except as authorized in this chapter. C. No person shall start or maintain any outdoor fire authorized in this chapter in a barrel or otherwise burn garbage, plastic, styrofoam, or other noxious materials. PAGE 1-CAMPFIRE ORDINANCE (p:ord\a pru .Ano) r D. No person shall burn indoors any garbage, plastic, styrofoam or other noxious material. F,F !CIO pe��gn sh�1`�. stmt QY' �[faintali'j eTt}' C8mj7�.l.zi2 e�c�ep� as provided znthis chapter, It f.s an affirmative defense_t© a ��ras�cuti�r : C+;E at�y ahaxe und�i this'"subsetaor� that tk�e campfzre k+as auth�r�.zed;by this person is �tiarc,�e _,: SECTION 3 . Section 10. 30. 050.B of the Ashland Municipal Code is amended to read: B. Outside burning without a permit or � campfar� 1 vzolatzon. Qf this chapter is hereby d ' =ed t b 'a public nuisance arid` may- summarily abated by the Fire Chief, Chief of Police, or their representatives. PAGE 2-CAMPFIRE ORDINANCE (p:ordkawF=.Ano) City Attorney City of Ashland (503) 482-3211, Ext. 59 MEMORANDUM June 9, 1993 TO: J Mayor and City Council FROM: v Paul Nolte SUBJECT: Amendments to impound ordinance previously sent to you. Section 11.36.020 of the impound ordinance previously sent to you on June 7, 1993, should be amended to read as set'forth below. The amendment is proposed to clarify that an impounded vehicle will not be released upon payment of towing and storage charges unless it is demonstrated that the vehicle, owner or driver complies with the state insurance, licensing and registration requirements. This amendment will be read in full at the council meeting to comply with the requirements of Article X, Section 2(c) of the Charter'. "11.36.020 Redemption. cd)f nftl�a 7feufer<Ld d f#loetvr#v x t r!Sa ti�ug f s GeC, and ,tile vsf stele ' "An ordinance enacted after being read by title alone may have no legal effect if it differs substantially from its terms as it was thus filed prior to such reading, unless each section incorporating such a difference is read fully and distinctly in open Council meeting as finally amended prior to being approved by the Council." City Attorney City of Ashland (503) 482-3211, Ext. 59 MEMORANDUM June 7, 1993 TO: The Mayor and Council FROM: Paul Nolte SUBJECT: Attached ordinance which amends the existing impounding vehicles chapter (chapter 11.36) of the Ashland Municipal Code The attached ordinance basically adds two categories to when the city may impound a vehicle: 1. Where the driver has no driver's license and no insurance or no registration (the City of Gresham ordinance). (§11.36.010.C) 2. Where the driver is under the influence. (§11.36.010.D) The ordinance adds a requirement to give a.post impound notice (§11.36.015) and a right to a hearing. The city is required to pay for the cost of towing and storage only if the vehicle is erroneously impounded (§11,36.C.2). This ordinance is being sent to you at this time pursuant to Article X of the municipal charter. This charter provision permits reading the ordinance by title only when council members are provided a copy one week in advance of the meeting. Attachment cc/w attachment: Brian Almquist Nan Franklin (x 3) Gary Brown Mel Clements 1c:\coundilimpoud.meM ORDINANCE NO. AN ORDINANCE. AMENDING AND ADDING PROVISIONS TO THE IMPOUNDING VEHICLES CHAPTER (CHAPTER 11.36) OF THE ASHLAND MUNICIPAL CODE TO PERMIT IMPOUNDING FOR LAW ENFORCEMENT PURPOSES AND TO PROVIDE FOR HEARINGS. ANNOTATED TO SHOW DELETIONS AND ADDITIONS. DELETIONS ARE AND ADDITIONS ARE SHI,lA.: p. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 11.36 of the Ashland Municipal Code is amended to. read as follows: Chanter 11.36 IMPOUNDING VEHICLES Sections: 11. 36. 010 Impounding. of vehicle. 11: 'S°:"020:`Aedempton: 11. 36. 030 Sale. 11. 36. 010 Impounding of vehicle. 14 vel;iele ' ;a standing- er parked in vielatien e€ a Eit�regt!}atien, the 7 e . __ _ As rnv ciei3 a t S G vo.'- a ti may be removed by a police officer Wit-. ' :p'.4 --xi'j and taken to a garage, parking lot, or o£fier`"sutaile` storage place and there kept until an application for its redemption is made by the owner or an authorized a ent. 1 £' ta :aYtq":"sr3xe A'; �szaveh��l�`'fstM.:��3:�ga�3}y�°parksd'ox�,`�a.^�iub�.si� «spree where ,psrT€3ng is I�u��e+3.�r�p�,o�bat�ed: �(aaes�gnated�`c3ass�s ;q,� ,;cre ���s���ra p��,w�,� �� �\���'�♦�.�ny;; ���+�ii�Vie.: �?ehig�.e� �aterferes��it� � ed�us s of, u�"I�"q�pa�e�r,� $ h&a`YE:h3{w'? �etd.�i `1T1%�e ?Q.-QP.aSe�i°`J.` Tlca`Y�ft" t\ i 'sL7n� $ ie .an H'S♦ xri34YiapG � .21? i$7�$1 4�7Ya)ti .e dzspcss3txnn�csf theeh� e�i \avlab� s� m ♦x ��� e \` \♦ K\k x C �\�xot �\ ♦ A' �... � ♦\ta\ra\y� ♦ t » t bpera�vr,»�dc�s note,possess'ca��ra`��,�i:.tipera��r�»�'4s su���e�se,and \ \\ i ♦ »� ♦v �,. x.a ♦ a\�\a:�a ,.,waw w,\Wi„,,,,.x..a,,.....,o- . : :a.,:z �SI35 e a . ONE 9��\\��4�4♦� ����'o�♦,\ .\ ♦\�\ \ C '4� `N.11 r�`{sy ..x.�� YRO 1nfM.ue cef\��cnt .x„taa,��u\u�ta\�:aCi PAGE 1-ANNOTATED ORDINANCE (p:omimipo=d.AOo) ji� Avehicle impounded pursuant toe: section shall be hold t ,the e:rpense ,of the ownez or persat entitled to „.. possession of the vehicle Personnel, equipment and facilities of the pity or prluate taw companies ;may reused' for�the removal„ and storage :of the vehicle : VI Notice After a uehacZe has l�eari i.;npou;Yded pursuant to :sect3,oxt 3,7.. 3&' 010 nrstice sh��,l be . prauided 'to thesregistered owner; if known, indicating:, A The location :of the: Vehxcl'e; B. That a. lien teas arisen on the vehicle in f f the"person who bowed and Ys staring_ the vehicle;; That the vehicle may be sold at:public ;auction to safis£y the l�eh; and .. U. That ahear3ng on the validity of the impound:; may be held, lr requestedswithin;- five calendar days `of repoiftt of;notice by tYe owner , 11. 36. 020 Redemption. Redemption may be made upon payment of towing and storage charges, which amounts shall be in addition to any fine imposed in accordance with this chapter. 11.36. 030 Sale. A ' If the vehicle is not redeemed within thirty (30) days, then it shall be sold in accordance with the applicable provisions relating to the sale of abandoned vehicles; or B If a taw company took theuehiole iota;,°custody, it shell have a lien on •the vehicle for the just acid reas�na3>1e tArrinc� and starag� charges, may reta3,n passessi.r� of the vehicle until the charges are paid,: and may have the vehicle sp�,d at public auction to satisfy the Bert The la,�rt hhat attaches. to they vehicle shall be a ;:possessory chattel lien in! acoardance want DRS 87 3.42 and shall he foreclosed ;in the: manner provided: in t3R5 87 152 to 67 212 Zf the appraised. value a€ ;the veh�c3e is $754:: or less, the:; veh1ce shall b disposed of in the manner provided ;in ORS; 81'1 2U 11.3G 040 Nearing. A The owner must request a hearing within €3ve calQndar days after receipt of the .notace described in section 11 5 h request may �e made iri pexsan ar 3n writing to the chief df make a timely request: £or a hearing shall; constitute a waxer of the right to a hearing. B Hearing Procedures ' ” l when tiritely raquest for a hearing `�S made, a hearing shall lie heldbeforea hearings officer:; 2 the hear�,ng shall be :.set aitd conducted �±ithin: 72 hoursjof receipt of the request; excluding hrlidays:, B$fiurdays, and ;sundays The hearing can be set>f+�r a .later date if the owner or;person :entitled to possessoy sci requests 8� . the hearing,.............. the owner trtay contest the ya ttt3 ty o .the=,impound PAGE 2-ANNOTATED ORDINANCE (p:nrd\impwnd.nno) y 4 The city; shall have the burden of proving: by a p epottde� no th;e valaci ty o£ the impound ofitTie Heazings OEfiaer, If tie hearngs: officer Ponds that . 1, Zmpqurrd oP the Vehicle was praper, .the hearings ?fficer: sha31:" a inter an alder supports"fig ths:remova�. - and , b. 1'aT1c7 that the owner a7� ;person ent�t�ed t pos§esszori is lab�.e for any towing and storage charges; " resr�.t�.ng.:fro�t tlxe impound .::. � Impound of the Vehicle was improper, the " hQar:�ngs *sffa��r shah... a: Order the lrehicle released to the owner or persort ;entitl�ed to pass�ssan; , 3�. F�ncl that the owner or person e ntitled tt pas essiorr Ts nrs`t c able fan any owattg ar, stq 5 �ha m resulting' from the xfnpaundt ailed Order the„pity ta. satisfy the a . .ng ................. strirage 3z`en , 3, the deal,s3on of ,the ksearings. o£ficex is f�k�a1::' i�. Parlors:to A . pgear atthe Hearing _ If the person x'sguest�,�ig the 2rexr�.ng _noes riot appear at .the sCeduled. . hearing, the hearings afP�.cer:may enter an<order supporting; the �,r� acrid and. assessmetrt of tow�,ng_ Arid stnz'age posts ” . SECTION 2 ., Classification of the fee. The fees specified in Section 1 of this ordinance are classified as not subject to the limits of Section lib of Article XI of the Oregon Constitution (Ballot Measure No. 5) . 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 3-ANNOTATED ORDINANCE word\unpound.Ano) a ran dnm �4E6O� June 4, 1993 �llII: Mayor and City Council r rum: L Jill Turner, Director of Finance p�1III�ECi: State Subventions RECOMMENDATION: Staff recommends passage of the attached Resolution certifying municipal services for State shared revenues. DISCUSSION: This resolution certifies that the City of Ashland is eligible for State subventions. The State program requires that cities located within a county having more than 100,000 inhabitants must provide four or more municipal services to be eligible to receive state revenues. ALTERNATIVES: None suggested FISCAL IMPACT: The City should receive the following revenues in 1993-94 : " Cigarette $ 52,900 Liquor 133 , 600 Highway 769, 900 RESOLUTION 93- RESOLUTION CERTIFYING CITY PROVIDES SUFFICIENT MUNICIPAL SERVICES TO QUALIFY FOR STATE SUBVENTIONS RECITALS: A. ORS 221.760 provides the City of Ashland may disburse funds from the State if the City provides four or more of the following services: 1. Police Protection 2 . Fire Protection 3 . Street construction, maintenance, lighting 4 . Sanitary Sewer 5. Storm Sewer 6. Planning, zoning and subdivision control 7. One or more utility services B. City officials recognize the desirability of assisting the state officer. responsible for determining the eligibility of cities to receive such funds in accordance with 221. 760. ' THE CITY OF ASHLAND RESOLVES AS FOLLOWS: The City of Ashland certifies that it provides the following municipal services enumerated in ORS 221.760(1) : 1. Police Protection 2 . Fire Protection 3 . Street construction, maintenance, lighting 4 . Sanitary Sewer 5. Storm Sewer 6. Planning 7 . Electric Distribution 8. Water This Resolution was READ BY TITLE ONLY and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland on the 15th day of June, 1993 . Nan E. Franklin City Recorder SIGNED AND APPROVED this day of , 1993 . Catherine M. Golden, Mayor Rerew�d a� form: Paul ,Nolte City Attorney 6AWP\Cw it\MSh=.Ad e,Ot AsNt - Memorandum A �4EG% June 4, 1993 V1 D. Mayor and City Council r ram: Jill Turner, Director of Finance p�1I�IjEL'f: State Revenue Sharing Recommendation: Staff recommends the adoption of the following resolution approving participation in the state revenue sharing program. Discussion: This resolution certifies that the City elects to receive state revenue sharing for fiscal year 1993-94 . Alternatives: None suggested Fiscal Impact: The 1993-94 estimates state revenue sharing revenues at $92 ,500. RESOLUTION NO. A RESOLUTION DECLARING THE CITY'S ELECTION TO RECEIVE STATE REVENUES RECITAL: A. ORS 221.770 requires cities to pass a resolution stating their intent to receive state revenues. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The City of Ashland elects to receive distributions for fiscal year 19.93-94 pursuant to ORS 221. 770. The foregoing resolution was READ BY TITLE ONLY and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland on the 15th day of June 1993 . Nan E. Franklin, City Recorder SIGNED and APPROVED this day of 1993 . Catherine M. Golden, Mayor RR ' as to form: Paul NN\\Nolte, City Attorney H:\jill\wp\coaacil\srs.acs RESOLUTION NO. 93- A RESOLUTION AMENDING THE PAY PLAN FOR MANAGEMENT AND CONFIDENTIAL EMPLOYEES FOR FISCAL YEAR 1993-94 . RECITALS: A. The wage adjustment for four of the City's five labor unions are established at the National CPI-W in the amount of 3. 0 percent. B. The City is in collective bargaining with the remaining union and the projected settlement will be at least the National CPI-W. C. It is the desire of the City to maintain its management pay plan at a level commensurate with its organized employees and with other jurisdictions when recruiting for management level positions. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The salary schedule in Resolution No. 92-35 is hereby modified by 3 . 0% effective July 1, 1993, as set forth in Exhibit A. The foregoing resolution was READ BY TITLE ONLY and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland on the 15th day of June, 1993 . Nan E. Franklin City Recorder SIGNED and APPROVED this day of June, 1993 . Catherine M. Golden Mayor Reviewed as to form: Paul Nolte City Attorney (d:\co it\rc s93\mgmlpay.93) EXHIBIT "A" Effective 7-1-93 SALARY SCHEDULE (1) 1993-94 . A (2) B C D MERIT (3) 6 mos. 12 mos. 12 mos. 12 mos. (Max. ) . COMMUNITY DEVELOPMENT: Director of Community Dev. 4691 4879 5074 5277 5541 Building Official (4) 3166 3293. 3425 3562 3740 Conservation Manager 3364 3499 3639 3785 3974 Senior Planner 3044 3166 3293 3425 3596 Programmer/Analyst 3044 3166 3293 3425 3596 ELECTRIC: Electric Utility Director 4691 4879 5074 5277 5541 Electric Operations Supt. 4223 4392 4568 4751 4989 System Design Technician 3204 3332 3465 3604 3784 FINANCE & UTILITY SERV: Director of Finance 4691 4879 5074 5277 5541 Supervising Accountant 3310 3442 3580 3723 3909 Purch.Agt. /Cemetery Supt. 2866 2981 3100 3224 3385 FIRE: Fire Chief 4691 4879 5074 5277 5541 Assistant Fire Chief 3470 3609 3753 3903 4098 POLICE: Chief of Police 4879 5074 5277 5488 5762 Police Captain 3563 3706 3854 4008 4208 Lieutenant 3426 3563 3706 3854 4047 Sergeant 3113 3238 3368 3503 3678 Communications Supv. 2878 2993 3113 3238 3400 PUBLIC WORKS: Dir.of Public Wks/City Eng. 4691 4879 5074 5277 5541 Water Quality Supt. 3509 3649 3795 3947 4144 Water Quality Supervisor 2866 2981 3100 3224 3385 Water Plant Supervisor 2866 2981 3100 3224 3385 Wastewater Plant Supervisor 2866 2981 3100 3224 3385 Street Superintendent 3310 3442 3580 3723 3909 Street Supervisor 2707 2815 2928 3045 3197 Asst.City Eng/City Surv. 3509 3649 3795 3947 4144 P.W.Admin.Assistant 2164 2251 2341 2435 2557 OTHER: City Admin. /Gen.Manager 6615 6880 7155 7441 7813 City Attorney 4879 5074 5277 5488 5762 Asst.City Adm/Pers.Dir. 3947 4105 4269 4440 4662 Senior Program Director 2164 2251 2341 2435 2557 City Recorder/Treasurer 3310 3442 3580 3723 -- Municipal Judge (p/t) 2530 -- -- -- -- 6 mos. 12 mos. 12 mos. 12 mos. 12 mos. CONFIDENTIAL: Executive Secretary 1826 1917 2013 2114 2220 Administrative Secretary 1586 1665 1748 1835 1927 Secretary 1370 1439 1511 1587 1666 FOOTNOTES: (1) Salary paid bi-weekly at hourly rate determined by dividing monthly rate by 173 . 33 . Add $22 monthly to all rates for insurance deduct- ible. (2) Advancement through step D is based on satisfactory work performanc (3) Compensation within merit step E is based on performance evaluation and one year at Step D. (4) Includes $50 for certification as Building Official; $50 for Fire Safety Plans Review certification. • ASHLAND POLICE DEPARTMENT Monthly Activities for May,1993 PATROL May was designated as Emergency Services Month. Early in the month Reserve David Shumway and Patrol Officer Teresa Selby responded (per revised department policy ) on a medical call dispatched by the Communications Division to assist a heart attack patient until the arrival of Paramedics. In this particular case David and Teresa found the patient to be in full cardiac arrest upon their arrival and immediately began performing CPR The patient was saved and David and Teresa were honored by Emergency Services for 'going the extra mile". The Police Department in conjunction with the Southern Oregon State College Security Department sponsored a bicycle safety rally on May 17 th. This event ran from noon until later afternoon at the Oregon Guard Armory on E Main St. The Ashland Bicycle Commission had a public survey for those wishing to express their views on current Ashland bicycle projects. On May 30 th a search warrant was served at a residence on N First St. The residence was suspected of being the location for an indoor marijuana grow operation. As a result of the warrant a marijuana plant, seeds, indoor grow lamps, and smoking paraphernalia were confiscated. The resident had been arrested the previous night by APD and charged with Driving While Under The Influence of Intoxicants and Manufacturing A Controlled Substance following a vehicle stop at which several live marijuana plants were discovered in the car. The arresting officer (Selby) did an excellent job in pursuing her instincts based upon the initial car stop. DOWNTOWN FOOT/BIKE PATROL: Bike patrol has been in the making requiring officers to perform foot and/or bike patrol in the downtown area This is in an effort to obtain on going dialogue. with the business community. In addition to the Central Area Patrol Officer, patrol officers are being assigned either periodic foot patrol or bicycle patrol on a rotation basis while on their shifts. Loren Deffenbaugh will be providing safety classes to instruct the officers on the use of mountain bikes. Lisa Brooks ( CAP officer) has begun patrolling the area of E Main up to the alleys off the Main St from the Plaza to the Library and Lithia Park. Size will handle cases occurring in the downtown and Park area SPEED CONTROLLER: The mobil radar board has been in use and the department has received very positive comments from the residents. The new radar gun/reader display board has been used by all shifts in the "hot spots" and numerous varied locations throughout the city. The only negative comment was in a local free newspaper. The article was incorrect implying overt funds were used to purchase the equipment. The funds were donated by a private donor specifically for this item. TRAINING o Of Buddy Grove conducted department shoots on May 7 and May 22, 1993. Most of the department participated even though it was not a required shoot. This was good practice for the up-coming qualification shoot in June. o Lisa Brooks attended the Region 5 training session. Our department will be hosting the next meeting on June 17, 1993. INVESTIGATIONS The Detective Division, with the assistance of the Jackson County Sheriff's Office, is currently investigating a Sexual Assault of a female juvenile that occurred on May 12. The victim was not seriously injured and did not require medical attention. Two suspects are being sought in this case. On May 29 th, at approximately 7 P.M., someone set the dugout on fire at the Ashland Middle School Baseball Field on Walker Av. causing extensive damage to the facility. This case is currently under investigation by the Detective Division. A copy of the Ed Krahel arson/homicide case has been sent to the FBI Behavioral Science Division for assistance. CRIME PREVENTION The first 17 weeks of the D.A.R.E. program was completed on May 28, 1993. Later in the week a meeting was Held with the involved teachers, principals and schools Curriculum Director, to evaluate the program's effectiveness. It was determined that Janet was received well in the classroom situation and the program will be expanded next Fall to include all the fifth grades at all the elementary schools. There are still some details to be worked out but everyone is pleased with the progress. Good work Janet! COMMUNICATIONSIRECORDS The Communications division received 3227 phone calls, 516 were 911 calls. Calls For Service 800 Medical Runs 57 Fire Runs 16 ALS Runs 37 Auto Aid 2 2 DEPARTMENT PHONES: Swing Shift: 1378 calls Day Shift: 1282 calls Grave Shift: 567 calls Total calls 6047 with 3227 being related to Police/Fire/Medical and 2820 related to other business. "COMMUNITY EDUCATION PROGRAM " This orientation 9-1-1 program continues to enjoy success within the community. Several of the speaking engagements this month included: Elkettes of the Ashland Elks Club, Retired Federal Employees and The Retired Penney's Employees. In all about 125 people attended. During a talk held at JJ North's in Medford the door of the banquet room was left open and several restaurant patrons came in, sat down and stayed for the presentation. A new dimension to the education program has ben implemented. All non-communicative 9-1-1 calls and cases documenting incorrect usage of this emergency number are followed up personally with a letter from Barbara briefly explaining the correct use of 9-1-1 and a printed brochure with added information is included. We have been receiving positive feedback from the community as a result of this program. MOCK DISASTER May 24, 1993 a Mock Disaster was held at the Ashland High School. As a senior project, Amy Chilcote put together a scenario of a alcohol related injury/fatal accident involving Ashland Police Department, Ashland Life Support, Ashland Fire Department, high school students and representatives from local media. This was an extensive project which concluded smoothly and was a great learning/training experience for everyone involved. Amy is the daughter of Janet Bailey, our Crime Prevention (D.A.R.E.) officer. CODE ENFORCEMENT Bill Helm was cited again for having too many dogs. Sgt Hooper had been behind Bounds Exxon and witnessed one car containing 5-10 dogs and a second car containing 3 dogs all belonging to Mr. Helm. He also has approximately 15 dogs tied to the fence that borders the freeway, however, this is outside the city limits. 3 A complaint was received about Growers Market with regards to illegal parking and the type of merchandise being sold there. Dick spoke with Joyce Schillen regarding the market and states she is operating in a legal fashion and that she is willing to work with Don Saules, the owner of Puck's Donuts, to resolve the situation. Several walk thru inspections have been performed on the marketplace and the Police Department has monitored the parking situation. No violations have been observed. May was a very busy month for Dick Chambers as this was his last month serving in the capacity of Code Enforcement Officer as lie will be going to Patrol in June. Dick has done a great job for the Department to date and we look forward to working with him in his new capacity. RESERVE PROGRAM: May saw the addition of 4 new Reserve Officers. Their names are Steve Cox, Maureen Lerback, Vernon Yeager and Chris Merrifield. Their training is already under way with the goal of having it completed by July 4, 1993. Reserve Officer David Shumway has resigned. David will be graduating from SOSC in June and promptly commissioned as a Second Lieutenant in the U.S. Army, Military Police Branch. His contributions to the Department will be sorely missed and we wish him well. Coming in the month of June will be the annual Reserve Pistol Qualification Course, still more bike patrol and continued training for the new Reserves. 0,ie f olice f/t Attacl W 4 ASp,;gn -,gL:r: HPA'Trj-'JT P,clootR Rl I Iz Gti REP TED LIFFENSEE [AtZP; -_E: D F ARIII-REcT -4 N,, Cr A.;G A'Tdli=l ;'RIAL iCTUA' ' CIANH T�t- : '-�- Y;f.� Ttl ' -CT %- [1,7c 1, w ---i Ult LET 1�;i� F..H 1� K,3?;T %-,I 'T� MIRTF. Ml I D A 2Y,; A NJIL T T07;,:- 3NJV ArULT i 0 21 r 7 2t 1p 36 51 J I ------- 24 3 722 -7� 41 711 5r -I- 77 F,:-, �T n-7 IiL4 I °.2 . i Cjo 31 i ASNLP.:'i_ F3LTCE DEPARTMENT _F-ATED: C !SCL'il'.TEC INCI^E.7° REPOP.T it :lo3 2 :27 K i4=c I I Aiia: F. C.'Ef _ e _ . [ CLEARED : n Er n{.c R TH + .= _rEEsES AcTUa_ -cT _ AC A C•'•�'�_ . N -;.�__ TRI5 7 T- L4 T i"c A' TC -3H- IP 6 LA_;- 'N?E TW; _-c- NDNTW :`: .ATE TC CRIME iT L FAN ;.5 . ? : ?;... ;... tD:Nr. ..riff •- Y.ni� _r5'� t AME . .,.LD A' _C it _ J.v :F ASHLAND POLICE DEPARTME ;, v.g5n DRUG ABUSE RESISTANCE EDUCATION CLASSROOM APPRAISALS Name ��++ School Date (p 1 3 In an effort to evaluate the quality of the D.A.R.E. program in your classroom, we would appreciate your. input regarding your experiences with D.A.R.E. Please share your opinions by answering the questions . on the rating scale below. Very Poor. . . . . . . . . . . . . . . . : . . . . . .Excellent Curriculum content 0 1 2 3 4 5 6 ;- 7 8 9 ;'�10 , t, :. Appropriateness for age group 0 1 2 3 4 5 6 7 8� 9 j 10 Communication between school/class and law enforcement.agency 0 1 2 3 4 5 6 7 8 9 1�0 DARE Instructors lesson preparedness 0 1 2 3 4 5 6 , 7 8 9 iD Communication between classroom teacher and DARE Instructor 0 1 2 3 4 5 6 '::7 8 9 Students' attitudes toward Instructor 0 1 2 3 4 5 6 7 8 : 9 10 Students' attitudes toward DARE 0 1 2 3 4 5;; 6 7 ® 9 10 My own opinion of the DARE program 0 1 2 3 4 DARE instructors' classroom Skills',",, 0 1 -:; 2 3 4 5 6 t``7 8 O= ,'- �' >ar� �,r',.�' '�.•� ,ice Quality of learning experience for students, 0 1 2 3 4 5 ' 6 ^7 t 8 9 zi The idea that DARE should be continued at my school 0 1 2 3 4 5 " 6� �,7�; 8 9 10 ,}5k Iwn Comments and ......�p - Suggestions: �,� tvyf-Iclvt fn S6LAt -mac •R �r L•�idk'"' CAtiai�L " , , 3 F .r• ' ...... t (y,4{'af'l!`SF¢ao- t.:.• �:'{C ^':.4 ,IS.5.. ,1.: , pp3 ASHLAND POLICE DEPARTMENT DRUG ABUSE RESISTANCE EDUCATION D.A.R.E. CLASSROOM APPRAISAL Name lT/; �� ;^ _ ,� iF�' School %7�, /1 i;r! Date In an effort to evaluate the quality of the D.A.R.E. program in your classroom, we would appreciate your input regarding your experiences with D.A.R.E. Please share your opinions by answering the questions on the rating scale below. Very Poor. . . . . . . . . . . . . . . . . . . . . . .Excellent Curriculum content 0 1 2 3 4 5 6 7 809 10 Appropriateness for age group 0 1 2 3 4 5 6 7 8 9 10 Communication between school/class �� and law enforcement agency 0 1 2 3 4 5 6 7 /8 / 9 10 DARE Instructors' lesson preparedness 0 1 2 3 4 5 6 7 8 C) 10 Communication between classroom r-.1 teacher and DARE instructor 0 1 2 3 4 5 6 7 8 L/ 10 Students' attitudes toward instructor 0 1 2 3 4 5 6 7 8 9 10 Students' attitudes toward DARE 0 1 2 3 4 5 6 7 8 9 j My own opinion of the DARE program 0 1 2 3 4 5 6 7 8 9 r0 DARE instructors' classroom skills 0 1 2 3 4 5 6 7 8 9/ 10 Quality of learning experience for students 0 1 2 3 4 5 6 7 8 9 /10 The idea that DARE should be continued at my school 0 1 2 3 4 5 6 7 8 9 (10) Comments and 7 suggestions: l . ati /,;.• — -�flo ,� ,7 ✓ •> r - 1/ li/"_rte., ✓ ,..i Y A J { r o hts a *r ° ASHLAND POLICE DEPARTMENT;" DRUG ABUSE RESISTANCE EDUCATION D.A.R.E: CLASSROOM APPRAISAL Name -- til Schobl Date L(, in an effort to eJaluate the quality of the.D.A.R.E. program in your classroom, we-would appreciate your input regarding your experiences with D.A.R.E. Please share your opinions by answering the`questlons,., on the rating scale below. Very Poor. . . . . . . . Excellent !, Curriculum content 0 1 2 3 4 5, 6 7 Appropriateness for age group 0 1 2 3 . 4 5 6 7 8 1 Communication between school/class • and law enforcement agency 0 1 2 3 4 6 �e7 8 9.1-1- ' "1• DARE Instructors. lesson preparedness 0 1 2 3 Communication between classroom S teacher and DARE Instructor 0 1 2 3 4 5< 6 , 7 �r,9tr10 � z C Students attitudes toward Instructor.r. 0 1 ' 2 3 4 5 6 r ,7s rr8' Students attitudes toward DARE %n 0 1 2 3 4 5 s s Y7 8 9 X10 r ` JJP My own opinion of the DARE program 0 1 2 3 •_� . - . .-. e r a r3l y GA�: y I,n��}Vie{`• �yyj�;�L.. '4 - Q� DARE Instructors' classroom skills 0 ° 1 2 3 4 5 ,' 6 , 7 G o Quality of learning experience for students 0 A 2 3 4 5 6�y i 7 1 The Idea that DARE should be continued W v, �I 534b ny l(• at my school 0 1 2 3 . 4 5;; K6` 7- 9t 10s`rf4Fa, e; Comments and z sug stio s: � t ego cc Y Y .. y.: �� .: 'h xj �- GSJFy a e r 'SK1'" 1;•+J , •.-. { it - � t x r a L,-�i"F (t # t� �l� ! 1 '�I:'�.1•I v �rL vrK e s 4 t - rrl•-•.+• �6�< >n ss�r r s r 1� a�{ awl RUM 7Y1` 2 ro .a A Lt I t "r 4•.4' i� •y. �J I rt >Y -tpi� , • ' ,!'Y r.Jy 1.Lti'.�FIC11h r'� �> >,'X '�• J r r, .P 1°+'r['f�}s i�"�,y�t3 s r+a.�� >-� r +S g e� k.py� biTS �tiF t.•.. - w s K +F�,f.&"'m + l� `J' h ,hJ�i' � 'Z"�r�°S•7'p��'s a, .>�E41° i .rl, a,�,N � fit r�r t � , f•)•a 3- �♦� s+ShJL F .r .-.. A v � k :: i <r -.'" hry °4 � T3� ` r� .f'• Ye ;,{ " ._' ''3y. ' t >O+T�_ : k'-�� :-�F�+�^w 5•x�`'�a��y`X� i.. ') °� n- ..x+t'�''—vT ..:�SA,y�yr`{'$�wi..d��4. }!*�Jf � a':p•"�`1 : ', c r- vx a S� r� cs a4i .y t -tT c tY t x $ , 1 awe' 1. ,G 26 AM Its 0, of - r `-'�..v,,:_ +iL�,..y.r.?etz�?t F.w 6.�..k `•r,4. e „ Xs;,cnF-. �liYl S..l ,+".� � r .lTa}, .Y°j.+.•'�`. 'r ; +a^w�. 1r�'�°�'e�'' �..�1•..� � ^�. Sr ���=`'s` y,tr v �' < ,y s T "� a -.-.Y?�,�r ,1'k_}k.,.7 v + *_ t S � s � r :r- £•- , 1 • • • -. r _'•�'•Pr��K , �� T�i SN�Nw�� ".Y�S'^�� e"' 'Y���4�P xi�r^ 4�-..y?j L,,.y, �v.a�J,{= -� i.•j P�� ..t„\}t rda F>� .{S�Y+�°� �'>s7s,•.f "1.—r'�'�''rr� c h,r, 'i , c, t 2 :: "+t' Ix -F�HS^ �vN .�' y, 3It• � 4 -4 )) r .> � t t +° �t ��w � �a'�'[.x >yn��y�{ � P •• vRY{�G".y -� ,� SA�'4�,�'Yia^Y7` �� �'Wr -. "1 v Tr:� .� y � 4 w�. +e ;Yrsa ��i�' Ar ! - `c' " r4`r•{,,;"'�`dA. it4r �..;�t •..�Le�``:y'r+ r,Y`> � + _ _i�l. •. _ � �\aL'y' --��t � 1 �J K��K a�.. - 'i 'iS .t Y®a^e ^S r+�l°>��{Y�x-a��r,. .'C.1`�R y�yyy i a s. a a "•`"t T'hr''^T r P w ai � '• Y c > d5i-T .: '��i':1Y:.. Jz: • • • •• t�+` L. ' 4'a��``.a ����`t��ti-ter U�,'{a ;,;a • • • •• :{ aI � < +'t rc, ya 4•C ,�,.,,yt r r� v i4Yf t4 {•y�*..,,3 a� t < '"6 • 1 • '+ ayr+.rG � 4 1 �` >Y ,a �����ryr Y � • r�r$ yr'kt nx lx�; q F 4Jyh� + f��^:Mi,4`�J a� • : • : •; • I tbb�� 1 > 7 ` � .l�:Faii;�as•j 'torts ra •• 1 1 t ASHLAND POLICE DEPARTMENT DRUG ABUSE RESISTANCE EDUCATION D.A.R.E. CLASSROOM APPRAISAL Name 4'`�tf f( � r� School Lk/c& jbee- Date ,5 L(, t u,`rausru;Np VD�ra r rien�t�s'wmf x r v ;(J83d sllu1'6t;:Lwr vbai ions'DV answering the-quesvo '. on the rating scale below. Very Poor. . ... . . . . . . ... . ... . . . . . . . .Excellent 3 4. 8 9 10 . z Appropriateness for age _sup ,:.• 0 t. 2" 1 4 5 6 7 8 9 1v t Communication between.school/.class:.. . 3 and law anfnrramgnt agency.. . n i ? ? e 6 7 8 9 10 lesson ,f, 4 ,, 5. 6. 7 3 10 Communication between ciassroom--_:. s teacher and DARE instructor. 0 1 2 3 4 5'. .: 6 7 9 `10 t:., cart opinion or the DARE program 0 . 1 2 3 4 5 6 7 9 10 Q DARE instructors'.classroom skills 0 1 2 3 4 5 6 '7 ( ) 9 .":` 10 r Go Quality of learning experience for.students : 0 1 2 3 4 5 '"6 7 0 9 10 t G The idea that DARE should be continued,. at my school 0 1 2 3 4 5 " "6 7. 10 Comments and sug ti s: AIr J. i Rj;vf �� . 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 June 1, 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 4.34 . 010, 4 . 34 . 020, 4 .34. 030, 4 . 34 . 040, 4 .34. 050 AND 4 . 34 . 070 TO CLARIFY FOOD AND' BEVERAGES SUBJECT TO TAXATION AND MODIFYING COLLECTION, REPORTING AND APPEAL REQUIREMENTS". 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 19, 1993 (d:kw,dc0kod0