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HomeMy WebLinkAbout1993-0720 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 ep opI ho wish to be heard, and the length of.the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL JULY 20, 1993 I. PLEDGE OF ALLEGIANCE: 7 : 30 P.M. , Council Chambers II. ROLL CALL III . APPROVAL OF MINUTES: Regular Meeting of July 6, 1993 . IV. CONSENT AGENDA: 1. Minutes of Boards, Commissions, and Committees. 2 . Departmental Reports - June 1993 . 3 . Letter from BPA concerning "Super Good Cents" Award by Ashland Conservation Division. 4 . Election of Laurie McGraw to Ashland Park & Recreation4 Commission for a term ending December 31, 1994 . 5. Mayor's appointments of Rees Jones and Shari Pearlman to the Bicycle Commission for terms ending April 30, 1995. 6.,/Liquor license application from Ramon Hedges and David Andrews dba\Hedges' Country Market, 1970 Ashland St. 7 . Set date for public hearing on August 3 , 1993 regarding appeal from a decision-of' 'the Planning Commission denying P.A. 93-067 (Al Teitelbaum, Applicant) V.' PUBLIC HEARING: 1. Water Filter Plant Facilities Plan. VI. UNFINISHED BUSINESS: 1. Sale of 100' strip of land on Clay St. , along the East side of SPRR, North of Highway 66. VII. NEW & MISCELLANEOUS BUSINESS: 1. Request from Ashland Sanitary Service for study session with City Council on July' 27 to discuss future of Ashland Landfill and rate increases. 2 . Request by Councilor Arnold that City share equally with Chamber of Commerce in cost of youth needs survey. 3 . Request by Dir. of Public Works for permission to submit grant application to FAA for airport improvements. 4 . Letter from Angel Andrews, 1565 Siskiyou Blvd. , #51, requesting amendment to Sec. 9 . 08. 040 of the Zoning Ordinance to permit pot-bellied pigs as housepets. 5 . Memo from Director of Public Works regarding petition for formation of an L. I .D. for providing sanitary sewers in the upper Strawberry Lane area. VIII . PUBLIC FORUM: Business from the audience not included on the agenda. (Limited to 3 min. per speaker and 15 min. total) IX. ORDINANCES. RESOLUTIONS & CONTRACTS: 1. First reading of an ordinance amending Section 4. 34 . 020A of 9� the A.M.C. to add ice cream and frozen desserts as taxable q items from combination facilities. ' •d°2 . First reading of an ordinance amending A.M.C. Sec. 10. 68 . 180 to prohibit noise from drums or sound amplifiers within Parks v% ,}�,y_ , ' and providing exceptions. 3 G�'/ /j, 3 . Reading by title only of "A Resolution declaring the canvass � � '�� , eco .of the vote at the election held in and for the City of a y�3 'Ashland, Oregon on June 29, 1993" . 4 . Intergovernmental agreement with Phoenix for building inspection services. 5. Authorization for Mayor and City Recorder to sign "letter of . oaf"intent" with John Billings, et al . , regarding construction of 0018-hole golf course. 6. Extension of lease with Ashland Park & Recreation Commission for Lithia Springs site on Emigrant Creek Road. X. OTHER BUSINESS FROM COUNCIL MEMBERS XI. ADJOURNMENT (d:\co=cilLL.rnda) MINUTES OF THE REGULAR MEETING ' ASHLAND CITY COUNCIL JULY 6, 1993 CALL TO ORDER: Mayor Catherine Golden led the Pledge of Allegiance and called the meeting to order at 7 : 35 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 June 15 and Special Meeting of June 29, 1993 were approved as presented. SPECIAL PRESENTATIONS & AWARDS: . It was noted that the City received an award from the Governmental Finance Officers Association for excellence in Financial Reporting on the Annual Audit Report. CONSENT AGENDA: Golden asked that item 5 be removed for discussion. Winthrop moved to items 1 - 4 as follows: 1. Minutes of Boards, Commissions, and Committees. 2 . Departmental. Reports - June 1993 . 3 . City Administrator's Monthly Report - June 1993 . 4. RVCOG Director's monthly briefing report. Hauck seconded, all AYES on voice vote. Concerning item 5. Authorization for Mayor and City Recorder to sign quitclaim deed for termination of drainage way and storm drain easements at Hersey and Oak Streets, Golden asked if this is a part of the Million Ditch and would impact irrigation users below this . property. Planning Dir. McLaughlin said this is a separate drainage system and does not affect the irrigation ditch. Hauck moved to approve this item, Reid seconded, all AYES on voice vote. PUBLIC HEARINGS: 1) Wastewater Treatment Plant. Public Works Dir. Hall received a copy of final program plan addendum to the facilities plan for the wastewater treatment plant upgrade. Staff concurs with the planned staged option which involves major improvements to the plant and a 25-acre constructed wetlands. Winthrop, as Council representative on this project, said the issue is trying to balance DEQ standards with realistic options. John Holroyd, Brown & Caldwell, said the two initial options included: 1) sending effluent to Medford, with a cost of $16 million involving demolition of the facilities or filling them with sand and extending the pipeline to the Bear Creek Valley Sanitary Authority's collection system near Phoenix; and 2) winter discharge to Bear Creek .and summer spray irrigation (option^ 3A) involving upgrade and maintenance of the current facilities, with construction costs at approximately $18 million. John Davis, Woodward-Clyde, explained the difference in options and how their recommendation of alternative B1 which includes treatment plant upgrade and constructed wetlands and will all standards except phosphorous. The public hearing was opened and Richard Hart, Headwaters, said the research done by the Wetlands Coalition has been left out of the document, and he is in favor of the 25-acre wetlands. Klaas Van de Pol, Wetlands Coalition, said if Alternative B1 is adopted it should be scrutinized with the help of the Wastewater Treatment Plant Foreman. He suggested a possible ban on garbage Regular Meeting - Ashland City Council - July 6, 1993 - P. 1 c disposal systems, and said the wetlands should be built first in case DEQ finds that some of the proposed modifications are not necessary. Carl Oates, Wetlands Coalition, feels they were left out of the process. Winthrop said the Coalition deserves a lot of credit in trying to assist in this issue, and a decision will not be made at this meeting to allow time to review the latest information. Arnold said the public hearing should be kept open. Marc Prevost, RVCOG, distributed an interpretation of his discussion on July 6 with Carl Anuta, Northwest Environmental Defense Council (NEDC) , regarding the staged option of B1. He feels it may be beneficial to meet with representatives of DEQ and NEDC at the same time. Laws agreed. Gary Schrodt, Wetlands Coalition, requested the following: that a committee be formed which includes all of the key players and citizens to meet on a regular basis; that repairs and sludge handling be shown separately by line item; that additional procurement of land be accomplished; and that the Ashland Wetlands Coalition be mentioned in the document. Cate Hartzell, 881 E. Main, urged the Council to keep the process open to gather information. A statement was read from Teri Coppedge, 2927 Barbara St. , asking that large wetlands and less improvements to the treatment plant be considered. Robert Gearhart briefly explained how wetlands work, and offered to prepare calculations for a larger wetlands before the next meeting. Golden asked that comments be submitted to P.W. Dir. Hall prior to the next meeting. It was agreed to adjourn the meeting until 7 : 30 P.M. on Wednesday, July 14th in the Council Chambers. Sale of Property on Clay Street. City Administrator Almquist reviewed his memo included in the agenda packet concerning the Wingspread Mobile Park owner's interest in obtaining 1. 6 acres of land adjacent to SPRR and West of Clay St. Reid said Clay Street needs pedestrian access, and a trade with the Park's owner should be researched. Almquist said an expansion of the Park will require a conditional use permit and conditions could include improvements on Clay, or the money could be earmarked for improvements. Laws agreed with Reid. Arnold agrees with dedicating the funds received for public access, but feels Clay St. may not have the highest priority. On a question from Acklin, City Attorney Nolte said an exchange of land may require a public hearing. The public hearing was opened and Mary Lou Gross said this is an ideal opportunity to require a play area for children in the Park. Acklin moved to postpone the issue and discuss it with the owners of Wingspread. She would like. to get an analysis of how far . . the money would go in the neighborhood, and a refresher on public access priorities. Reid seconded the motion. Golden requested that Staff talk to the Parks Commission or Parks Director about a playground. Acklin noted that a conditional use permit for expansion could also require an open area. The motion carried on voice vote. UNFINISHED BUSINESS: Negotiated Settlement - Seitz (P.A. 92-057) . McLaughlin said the disputed issues have hopefully been settled and the parties will present an amended land use application in August. NEW & MISCELLANEOUS BUSINESS: Oak Knoll Golf Course - Increase in Regular Meeting - Ashland City Council - July 6, 1993 - P. 2 I Green Fees. A note was received from Gloria Tredway concerning lesser fees for junior players. A discussion was held concerning different rates for residents and non-residents. Carla LaFever, Hwy. 66, said rates should be the same for everyone. Dennis Slattery, 733 Twin Pines Circle, agreed with LaFever. Acklin moved to adopt the proposed rate increase, delete resident/non-resident differential, define a junior player as 18 years and under and charge the current adult rates of $6 and $10 for junior players. Hauck seconded, all AYES on voice vote. Downtown vagrancy. Dennis Slattery, Chamber Board President, said the Chamber would like to offer assistance in coming up with positive solutions. Golden said the general consensus of the meeting is to post notices on each building to not give money to panhandlers, but buy vouchers for immediate needs, step up police patrol in the downtown area, and check back in a month for a status report. Jennifer Battaglia, Lithia Stationers, is concerned with the increase of panhandling, vagrancy, and vandalism. She would like to see the Parks Department organize and be a clearing house for youth in the summer, greater police presence in Lithia Park, a homeless shelter established, the homeless people doing community service work in exchange for services, and ordinances re: panhandling and camping. Margaret Schweitzer, an Interfaith Care Community volunteer, said all agencies should be coordinated, and homeless persons' needs have to be provided for or the problem will intensify. Michael Donovan, 1120 Beswick Way, said panhandling is harassment and a violation of privacy, an ordinance should be enacted to respond to those who intimidate residents and visitors, and that aggressive police enforcement is necessary. On a question from Hauck, Nolte said a Supreme Court decision prohibits ordinances which prohibit panhandling except in specific locations such as parks. Richard Hansen, Gold N Gems, agreed with Donovan, and submitted a letter for the record from H.E. Firth, 134 Nutley St. , which included several suggestions on solving some of the problems downtown. Bruce Roberts, Gateway Real .Estate, said potential customers are driven away by panhandlers. Susan Stedman, 1209 Ashland Mine Rd. , asked that allowances be made for people selling legitimate wares in the park. Kevin Preister, Youth Transition Committee, submitted a proposed plan of action and said street people and business ,owners both should be contacted . concerning needs/resources. . Rhonda Lewis, 5 N. Main St. , feels her rights are being violated and she has been threatened by these people. There is a need to do something now. Mary Lou Gross, Gateway Real Estate,. said city sponsored activities is a good idea even though a large portion of these people choose to be homeless and travel a circuit. . James Mathiasen, 551 Grandview Drive, is opposed to citing people who are trying to make a living. He requested that , a $75, 000 fund be set up for dealing with this situation. Arnold moved to continue the meeting, Winthrop seconded, all AYES on voice vote. Komac Tapp, 278 Idaho, said he knows many homeless people and asked that the Council show compassion. . Winthrop said Ashland has the capacity and responsibility to deal with Regular Meeting - Ashland City Council - July 6; 1993 - P. 3 r . problems in our community, but not the whole West Coast. Hauck feels that most of the homeless people here are permanent, not seasonal transients. Arnold said the focus needs to be on how to deal with homelessness, and there are a number of people working on assisting the homeless, however passing ordinances which are unconstitutional does not make sense. Acklin left the meeting at 11: 15 P.M. Police Chief Brown said police presence in the downtown as been increased, and bicycles and plain clothes officers are being used. He would like to work with the Chamber and encourage people not to give money to panhandlers. Comprehensive Housing Affordability Strategy (CHAS) . Arnold said a task force has been selected and the goal is to stay on the schedule included in the packet. Names of the Task Force members will be presented at the next meeting. Arnold moved to approve the process to date, Hauck seconded, all AYES on voice vote. Hauck moved to continue the meeting for 1/2 hour, Winthrop seconded, all AYES on voice vote. PUBLIC FORUM: Bud LaFever, Highway 66, owner of Rosie's Sweet Shop, expressed concern that some establishments which sell ice cream are taxed and some are not. Winthrop said one possibility is to amend the ordinance whereby quantities of less than one quart -will not be taxed. George Thomas, Cafe Vanille, agreed with LaFever. Arnold moved to place the issue on the agenda, Hauck seconded, all AYES on voice vote. Hauck moved to instruct Staff to prepare an amendment to the ordinance, Winthrop seconded, all AYES on voice vote. ORDINANCES. RESOLUTIONS & CONTRACTS: Campfires. Second reading by title only of an ordinance amending A.M.C. Sections 10.30. 005, 10. 30. 010 and 10. 30. 050 to permit campfires only in designated areas.' Laws moved adoption, Hauck seconded, all YES on roll call vote. (Ord. 2717) . Vehicle Impoundment. Second reading by title only of an ordinance amending Chapter 11. 36 of the A.M.C. to permit impoundment of vehicles for law enforcement purposes and to provide for hearings. Hauck moved adoption, Winthrop seconded and the motion passed on roll call vote with Reid dissenting. (Ord. 2718) Levy Taxes. First reading by title only of an ordinance levying taxes for July 1, 1993 to June 30, 1994 in the sum of $2 , 619, 485 on all real and personal property subject to assessment and levy within the corporate limits of the City of Ashland, Jackson Co. , Oregon, and repealing Ord. No. 2715. Arnold moved to second reading, Hauck seconded, all YES on roll call vote.. Second reading of same ordinance by title only. Arnold moved adoption, Hauck seconded, all YES on roll call vote. (Ord. 2719) Adopt Annual Budget. Reading by title only of a resolution adopting the annual budget, making appropriations, and repealing Reso. 93-24. . Hauck moved adoption, Winthrop seconded, all YES on roll call vote. (Reso. 93-29) Regular Meeting - Ashland City- Council - July 6, 1993 - P. 4 Electric Energy Curtailment. Dick Wanderscheid, Conservation Coordinator, said Ashland is one of first cities in the State to submit a. plan and asked authorization to submit it. A resolution was read by title only establishing electric energy curtailment procedures in the City of Ashland and repealing Resolution No. 77-23 . Arnold moved adoption, Reid seconded, all YES on roll call vote. (Reso. 93- 30) Tolman Creek Rd. Assessment Amendments. Reading by title only of an amendment to the assessment resolution levying special benefit assessments for the Tolman Creek Road improvement project. (LID #65) Arnold moved adoption, Hauck seconded and the motion passed on roll call vote with Reid dissenting. (Reso. 93-31) OTHER BUSINESS FROM COUNCIL MEMBERS: Hauck moved to place on the agenda the letter of intent discussed in executive session. Winthrop seconded the motion, which carried on voice vote. Hauck moved to direct staff to continue negotiations for the matter discussed in executive session. Winthrop seconded. Arnold requested that same be made public as soon as the letter of intent is signed. The motion passed unanimously on roll call vote. ADJOURNMENT: The meeting adjourned at 11: 45 P.M. to July 14, 1993 at 7: 30 P.M. Nan E. Franklin Catherine M. Golden City Recorder Mayor (dAmin\7-6-93) Regular Meeting - Ashland City Council - July 6, 1993 - P. 5 CITY OF ASHLAND PARKS AND RECREATION COMMISSION R.r7GCJL.AR NL��lING M I IVLJ=S June 23, 1993 Chair Adams called the meeting to order at 7:00 p.m. at 340 S. Pioneer Street. ATTENDANCE: Present: Pat Adams, Al Alsing, Tom Pyle, Teri Coppedge, Wes Reynolds, Ken Mickelsen., Councillor Hauck Absent: None I. ADDITIONS OR DELETIONS TO THE AGENDA Director Mickelsen added discussion on advertising for a new riding mower under New Business. II. APPROVAL OF MINUTES A. Regular Meeting of May 26, 1993 Commissioner Reynolds made a motion to approve the minutes of the Regular Meeting of May 26, 1993. Commissioner Pyle seconded. The vote was: 5 yes - O no III. BILLS AND FINANCES A. Approval of Previous month's disbursements Commissioner Pyle made a motion to approve the previous month's disbursements as indicated by Payroll checks #6231 through #6289 in the amount of $35,824.88 and Payables checks #7781 through #7888 in the amount of $88,429.00. Commissioner Reynolds seconded. The vote was: 5 yes - 0 no - IV. AUDIENCE PARTICIPATION ON THE AGENDA A. Jim Lewis - Railroad park development Jim Lewis (640 A. Street) and representative for the Railroad District Neighborhood Association thanked the Commission for its offer to purchase the land for the Railroad District park. He said that he believed that it was the Commission's prompt effort which got the ball rolling and enabling that land to be purchased. He mentioned a design study project which had been done by students at the University of Oregon who had developed various concepts for development of the park and which was on file with the Planning Department. The Commission briefly reviewed a "wish list" which had come from a brainstorming session of about 25 - 30 neighborhood district residents and a letter from Bill Emerson who requested that the neighborhood be. involved in the design concept for the park. Ashland Parks and Recreation Commission Page 2 Regular Meeting — June 23, 1993 Railroad Park development — continued After brief discussion in which the Commission expressed its desire to work with the neighborhood in developing the design plan for the park, Commissioners Reynolds and Coppedge volunteered to act as Commission representatives to work with the neighborhood association. Commissioner Reynolds indicated -that he would like to proceed with the planning process quickly. Director Mickelsen indicated that the first step for the department would be to write a proposal and select a landscape architect to work with both the Commission and neighborhood association to come up with a conceptual drawing for the park. Because Bill Emerson was not present in the audience, Mr. Lewis said he would advise him of the Commission's plans to meet with the neighborhood group in developing a park design. B. Roger Ledbetter — Lithia Park "noise" Roger Ledbetter (112 Nutley Street) was present in the .audience to express his frustration with the increasing noise which comes from Lithia Park at all hours of the day or night. He said that he had lived at his current address since 1978 indicating that this year the problem had become much more severe -- particularly late at night. Director Mickelsen explained that 'Police Chief Gary Brown had requested that the department post curfew signs indicating that the park was closed from 11:00 p.m. to 7:00 a.m. Chief Brown indicated that it would make the curfew ordinance much easier to enforce and believed that it could cut down on much of the late night noise. Director Mickelsen said that the department would be posting those hours soon by attaching them to the already existing park ordinance signs. ' Mr. Ledbetter also referred to the frequent drumming which occurs in Lithia Park and carries thfoughout the park and into the residences. He says that he plays the congo drums himself and understands the relaxing, enjoyable aspect of the activity for those participating. However, for those who are not participating in the activity it -becomes an irritating noise very quickly.. Director Mickelsen relayed to the Commission that the department office has received an increasing number of complaints regarding drumming in the park interfering with enjoyable use of the park by others and from neighboring residences. The Commission reviewed a .memorandum from staff recommending that it request that the City Attorney draft an ordinance prohibiting playing any percussion instrument in Lithia Park unless authorized by permit for performance by .the department. The Commission briefly reviewed the department's existing policy regarding Bandshell rental, restrictions on drumming during rental periods, volume, and length of performance at the Bandshell . Ashland Parks and Recreation Commission Page 3 Regular Meeting - June 23, 1993 Lithia Park "noise" - continued Commissioner Adams indicated that in her neighborhood a group of drummers meet regularly and that she fully understands the problem created by drumming. She said that even in winter with all the doors and windows closed the sound carried enough and persisted long enough that it was very irritating throughout the neighborhood. Because of her personal experience she indicated that she strongly supported the drafting of such an ordinance. Officer Lisa Brooks recommended that if such an ordinance is drafted that it rely on restrictions of distance that sound carries rather than decibel level. Commissioner Pyle expressed his concern about discriminating against drumming or percussion instruments being used by some people but not all people and whether or not that was legal; that is, City Band would not be prohibited from using drums. Generally, the Commissioners felt that prohibiting drumming except by permit would not be unlawful discrimination but asked estaff to get an opinion from the City Attorney. At the conclusion of discussion, the Commissioners asked Director Mickelsen to ask the City Attorney to draft an ordinance restricting drumming, playing of percussion instruments and amplified music based on the distance that the sound would carry unless specifically authorized by permit from the Commission. Joanne Eggers (221 Granite Street) spoke similarly to Mr. Ledbetter concerning increased noise coming from Lithia Park. She specifically requested that Bandshell performances be more closely monitored as to the sound level on Granite Street and restrict the number of nights per week that the Bandshell can be in use. She also requested that upper Lithia Park be kept as tranquil as possible asking that motorized maintenance vehicles be kept from that part of the park as much as possible -- particularly at 7:00 a.m. V.. AUDIENCE PARTICIPATION NOT ON THE AGENDA Having arrived late to discuss the Railroad Park and park development, Bill Emerson spoke briefly to the Commission indicating his pleasure that the Commission would be working with the neighborhood association . on future plans for development expressing the interest to be contacted when the department sends out proposals for a landscape architect. Mr. Emerson also inquired as to whether or not it would be possible for the department to do a little preliminary.clean-up and to place a garbage can at the site, at this point in time. Even though the area has not yet been developed, children are using the area to play. Director Mickelsen responded that that would be possible. VI. OLD BUSINESS None Ashland Parks and Recreation Commission Page 4 Regular Meeting - June 23, 1993 VII. NEW BUSINESS A. Advertisement .for bids - riding mower MOTION Director Mickelsen indicated that a new riding mower is budgeted for in the departments 1993-94 budget. He requested authorization from the -Commission to advertise for bid for the mower. Commissioner Alsing so moved. Commissioner Reynolds seconded. The vote was: 5 yes - 0 no VIII. CORRESPONDENCE, COMMUNICATIONS, DIRECTOR'S REPORT Director Mickelsen indicated that panhandling and begging had become much more aggressive on the plaza and the front of Lithia Park. It was so obviously on the increase over previous years that the downtown merchants and visitors to Lithia Park were expressing.real concern about feeling unsafe and harassed. Officer Brooks spoke to the Commission about the Police Department's increased foot and bicycle patrol in the downtown area as well as the prominent. role Park Patrol is playing at the front of the park. She explained that begging per se was not illegal, however, and that only if individuals demonstrated some kind of other behavior which was illegal could officers intercede. Director Mickelsen said that the problem has become such that the Chamber of Commerce on behalf of the business community has formed a committee and planned a public meeting to discuss the homeless situation as well as aggressive panhandling on the plaza. After brief discussion, Commissioner Alsing volunteered to act as Commission liaison to the Chamber's committee. Commissioners also discussed either writing a commentary or asking the Daily Tidings to write an article on the particular efforts the department is taking to address public safety in the parks, particularly Lithia Park. Emphasis could possibly be placed on CAP Officer Brooks and the upgrading of the Park Patrol. Commissioners particularly felt that to advertise -Lithia Park as an unsafe place to visit was not appropriate. IX. ITEMS'FROM COMMISSIONERS Commissioner Reynolds reported that City Attorney Paul Nolte is in the process of drafting an agreement regarding the Children's Cultural and Recreational Serial Levy which would be implemented between the Commission and .School District should the levy pass. The Commission set its next Regular Meeting for Monday, July 12 so that the draft of the agreement could be reviewed prior to the School District meeting which was scheduled for July 14. In response to an inquiry, Stella Gardiner, Projects Coordinator, reported that she was still working with the company who would make the banners for Calle Guanajuato. She was working on simplifying the Ashland Parks and Recreation Commission Page 5 Regular Meeting - June 23 1993 ITEMS FROM COMMISSIONERS - continued designs and selecting colors. Cost for the banners would be determined by the complexity of the designs and numbers of colors used in each panel. Commissioner Coppedge requested additional places for belongings such as hangers and shelves for the Daniel Meyer Pool. She also indicated that with the new showering arrangement that there was inadequate space to put soap and shampoo. Commissioner Pyle recommended that the Commission write a letter to the City Council recommending that space for a restroom be committed at this time so that when the remodel comes that space is not lost to other usage. The other Commissioners concurred and asked Chair Adams to write such a letter. Commissioner Pyle also suggested that another article concerning submitting applications for his seat on the Commission be placed in the newspaper emphasizing the deadline of July 6. MOTION Commissioner Alsing made a motion to accept Commissioner Pyle's letter of resignation to the Commission and to express the Commission's appreciation for the his years of service and regret that he needs to leave the position. Commissioner Reynolds seconded. The motion passed with unanimous approval. X. NEXT MONTH'S AGENDA The next Regular Meeting was scheduled for Monday, July 12, 1993 at 7:00 p.m. XI. ADJOURNMENT With no further business, Chair Adams adjourned the meeting. Respectfully sub'mit'ted, Ann Benedict, Management Assistant Ashland Parks and Recreation Department ASHLAND PLANNING COMMISSION REGULAR MEETING JUNE 8, 1993 MINUTES CALL TO ORDER The meeting was called to order by Chairperson Barbara Jarvis at 7:05 p.m. Other Commissioners present were Thompson, Armitage, Carr, Powell, Cloer, Bingham, Hibbert and Medinger. Staff present were McLaughlin, Molnar and Yates. APPROVAL OF MINUTES AND FINDINGS Powell noted a correction on page 12 under Open Space Designation. "He" is McLaughlin. Carr moved to approve as corrected. Powell seconded the motion and the Minutes were approved unanimously. Findings will be approved later in the meeting. PUBLIC FORUM No one came forth to speak. TYPE 11 PUBLIC HEARINGS PLANNING ACTION 93-053 REQUEST FOR SITE REVIEW AND VARIANCE 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 TO BE PROVIDED FROM NEW TOWNHOUSES TO VAN NESS VIA FLAG DRIVE. VARIANCE REQUESTED TO NOT PAVE THE UNUSED FLAG DRIVE ACCESS. APPLICANT: DARRELL A. BOLDT AND LANA MCGRAW BOLDT Site Visits and Ex Parte Contacts Armitage made two visits and measured the alleyway. He observed it would be difficult to get past the tree in question. —Carr had a second site visit and reserved the same concern about the narrowness of the alley for this use. Powell made a second site visit. —Cloer made a second site visit. Bingham made a second site visit and noted the narrowness of the alley. —Hibbert, Medinger, and Thompson had no second site visit. Jarvis made a site visit. /I STAFF REPORT McLaughlin explained that this hearing is to decide whether or not to use the alley as access instead of the flag drive. Staff's opinion is that the flag means more asphalt and paving. The applicant has done redesign work on the elevations. Terry Skibby is here to speak on the Historic Commission's decision. Staff believes that the alley is a more appropriate use for access. McLaughlin noted the letter from Councilman Arnold dated June 2, 1993. PUBLIC HEARING DARRELL BOLDT, 1950 Tamarack, explored various options on how to approach this project. He has made further revisions to make the buildings more attractive. By paving the flag, this would push the townhouse units almost to the property line. This would also necessitate removal of the box elder tree. The entire trunk of the tree is inside the property line. Boldt showed an Alternate Plan B on an overhead and thought this plan would make the parking area more attractive. There would be six spaces with a center planter and the possibility of an on-street parking credit for the seventh space. He has made an effort to minimize the traffic impact on the neighborhood. McLaughlin said an on-street parking credit would not work. TERRY SKIBBY, 611 Beach Street, Historic Commission Liaison, said that after further review, the Commission approved this application. The Commission felt it would be best to use the alley access and not pave the flag: Paving would'ereate a lot of pavement with much of the yard area being lost. The Historic Commission felt the redesign was more appropriate and suggested Boldt do more with the back elevation. With the alternate parking plan, the Historic Commission thought it important to go with an alternate landscape design to break up the parking. There will likely be more development in the alley and this will require more parking. Breaking up the parking area with landscaping would be an improvement. The Historic Commission has recommended that the alley be improved just to the property line. McLaughlin read a letter from.Don Arbitblit into the record. JANET DUXBURY, 4343 Pioneer Road, property owner of 227 W. Hersey wondered about a similar case that came up in her neighborhood, and the City Council said the alley has to be paved to 20 feet. McLaughlin said that decision may have applied to a specific application. Recently, the Council has required an alley be paved to its full physical width. He said there is really no alley standard. ASHLAND PLANNING COMMISSION 2 REGULAR MEETING MINUTES JUNE 8,1993 McLaughlin explained further that changes are happening as applications come up that involves alleys. In the past, alleys have always required paving. In the last year an alley committee has been formed to study limitation and deferring paving of alleys. The Planning Commission could require paving at this time. Duxbury has felt like anything goes and the rules don't matter in this case. She has noticed in this application that graveling the alley is being required. However, gravel doesn't stay put and granite dust is detrimental to one's health. She is also concerned about the narrowness of the'alley. Duxbury said that if the alley is to be used for access she would like to see it paved rather than graveled. A letter was submitted by VICKIE DOREMIS. McLaughlin read the letter into the record dated June 8, 1993. KATHLEEN TAYLOR, 227 Hersey, said her backyard is directly adjacent to the alley. She is concerned with traffic, noise, and safety. She does not want to see the narrow alley used for access. KATHLEEN OSTGARD, 229 W. Hersey, stated that she is opposed to using the alley for access. Parking is a problem and she said perhaps access should be from Van Ness. The alley is narrow and it is hard to turn in either direction. lCars cannot pass each other. She agrees with other neighbors in opposition. She does not think anyone is sure how wide the alley is and is particularly concerned about emergency vehicles. She would hate to see as much traffic on this alley as is on the alley between Hersey and VanNess. BOLDT rebutted that this property is zoned is R-3. He believes this is the best way to develop the property and it fits in with the neighborhood. Don Paul, Fire Department, said that the width of the alley is acceptable for access. Hibbert asked about the 20 inch cedar tree in the flag drive, and Boldt said it would have to be cut down if the flag drive was approved. In the plan, as presented, the cedar tree would be preserved. Boldt said his property had been surveyed. COMMISSIONERS DISCUSSION AND MOTION Page 4 of the Staff Report Addendum swayed Thompson to favor the application as submitted (would be 4,000 sq. ft. less paving). Add to Condition 2 that the alley should be paved, and Condition 4 that the pedestrian access be improved with an all- ASHLAND PLANNING COMMISSION 3 REGULAR MEETING MINUTES JUNE 8,1993 r weather surface, and seven parking spaces and the pedestrian way would be paved to the condominiums. Also, add a Condition that a recycling area be provided. Armitage agreed with Thompson about the paving. However, he is not convinced the alley is wide enough, which would fall under the adequate capacity criteria. He does not believe the circumstances are unique or unusual. He has envisioned this parcel to be developed with a flag drive. He has heard no testimony saying that paving the alley would be less impact to the neighbors. Carr thought variance had not been met. Powell said it bothered her not to know where the alley was located. On the other hand, the cottage that does face and access the alley could set a precedent for in-fill. Ultimately, the whole area will be better if not covering the property with asphalt. Looking down the alley, there won't be blank spaces on the back of buildings. She would favor paving the alley, if approved. Cloer thought the neighborhood would change and he felt Criteria 3 for a Variance had been addressed. He felt it was particularly important to attempt to make large developments as attractive and satisfying for living as possible. He also believes there is a new attitude that cars should be out of sight. Bingham felt if this was the only development of this type, he would probably say a flag was the most appropriate. In envisioning this area 20 years from now with apartments developing, all with flag drives, the alley seems most appropriate, if it is certain to be of adequate width. Armitage pointed out that there could be potentially many more cars if there is further development and then the alley becomes a 15 foot wide street. Bingham felt it would make more sense to condense the vehicle trips per day to the alley rather than cramming them on separate flag lots. Hibbert said the only way for acceptable development is with alley access. Medinger noted this property is R-3 and reminded the neighbors that the only way to make it less dense is to get together and change the zoning. Cloer added as another alternative, if neighbors desired, they could ask for the property to zoned private open space Jarvis thought it would be depressing to put this much asphalt on anything to make it work, however, there are still unresolved problems of driveways versus flags. Has ASHLAND PLANNING COMMISSION 4 REGULAR MEETING MINUTES JUNE 8, 1993 Criteria 4 been self-imposed? Partitioning was done by the applicant and now the Commission is struggling with that decision. Thompson moved to approve PA93-053 with Condition 2 "that the alley be improved to its full physical width...." (end at shaded area). Add under Condition 3 "seven parking spaces.....". Insert "all-weather" in Condition 4 -- "include a clear all-weather pedestrian access....". Hibbert seconded the motion. Thompson amended the motion to pave the parking spaces adjacent to the box elder with grass pavers. Hibbert seconded the amendment. Thompson believes that decisions need to be made that give the best end product. Bingham is still concerned about the alley width and he wondered what assurance he can have that this will happen. McLaughlin said the alley has been established on the assessor's plat at 16 feet. The motion carried with Powell, Hibbert, Thompson, Cloer, and Medinger voting "yes" and Armitage, Carr, Bingham, and Jarvis voting "no". Thompson left the meeting. APPROVAL OF FINDINGS The Findings of the May meeting were approved. -Change the date on the Golden/Freeman Findings to April 13, 1993. PLANNING ACTION 93-069 REQUEST FOR AN EXTENSION OF A PREVIOUSLY APPROVED SITE REVIEW FOR A 26-UNIT CONDOMINIUM COMPLEX LOCATED AT 284 HERSEY STREET. APPLICANT: ALBERT TEITELBAUM Site Visits and Ex Parte Contacts Site visits were made by all except Powell. Bingham drove by and went to Ohio Street and through the back end of the property. He noticed how the property related to Hersey Street and the railroad tracks. Hibbert had no site visit but had seen the property in the past. ASHLAND PLANNING COMMISSION 5 REGULAR MEETING MINUTES JUNE 8, 1993 f STAFF REPORT Molnar gave a history of this property as outlined in the Staff Report. The applicant is requesting 26 condominium units. A number of years have gone by and it might be time to take a fresh look at the project. A point of concern is the large parking area right off Hersey. It was suggested that there could be a potential for minimizing or blocking some parking area by bringing a unit up towards the street either on the east or west side still allowing for a drive. Presently, the exterior color scheme for project is light grey with white trim. Since there are several buildings involved, it would be more appropriate to have a new color scheme with the use of different colors. Additional colors tend to break up a mass. Originally this proposal was designed as an apartment complex. It would be beneficial to re-evaluate and see if features could be incorporated that would be more suitable for individual ownership, such as covered parking or deck spaces. Molnar noted the memo from the Fire Department with comments regarding the turnaround for fire apparatus. The Fire Department would like an opportunity to review the proposal again. The site review from the Tree Commission and a letter from the neighbors dated May 31, 1993 have been entered into the record. Hibbert wondered if the setbacks on units 14 and 15 could be increased because they seemed so close to the neighboring property. Molnar felt they could through decreasing the square footage of the units. PUBLIC HEARING DON RIST, represents Al Teitelbaum, the applicant. After the last extension approval for the project, the bank that was to make the loan for the project went under. About this same time, Rist mentioned to the applicant that the City was becoming active in affordable housing and he asked Teitelbaum if he would consider switching his project from an apartment complex to affordable housing. Rist then approached John Fregonese with the idea and Fregonese responded favorably. Teitelbaum, Rist and Fregonese met shortly thereafter and Teitelbaum was encouraged,to do something with affordable housing and Super Good Cents. Rist understood that in the months following the discussion with Fregonese, the plan was revamped, and a unit was dropped, and an effort was made to make the units fit into affordable housing. Presently, there is a lender that is ready to commit the financing to this project and Rist is asking for an extension for the approval of this project from the Planning ASHLAND PLANNING COMMISSION 8 REGULAR MEETING MINUTES JUNE 8,1993 Commission. Hibbert wondered if the setbacks along the two large south and west lines were to be increased, could the applicant reduce the size of the units and still make the project work. Rist said the project was designed by Bruce Abeloe and he could not answer that, however, he was confident that Teitelbaum would try to work with that idea. Jarvis noted that this project was first presented in 1988 and believed there are different standards such as Fire Department requirements, setbacks, colors, etc., now than when this was started in 1988. She also wondered what had been happening during the last year. Rist thought the year had been spent in revamping the plans and getting it to fit into the affordable housing structure, and obtaining financing. McLaughlin read a letter dated April 13, 1993 from Teitelbaum into the record and from Robert McWilliams, 9700 Highway 66. JAMES JEFFREY, also speaking for Mr. McWilliams, said that if units 14 and 15 (behind Jeffrey's property) and units 16, 17, and 18 (behind McWilliams' property) remain, their houses will be completely walled in like a box. Jeffrey is asking for greater setbacks on these units. He said the Tree Commission had not reviewed this project and he felt they wanted to review the screening. Jeffrey would want a six foot fence along the back and screening along the parking lot. They would also like a line of trees along their back fence lines. Staff has also mentioned placing one of the units up toward the front, however, Jeffrey is hoping that will not block his view. He would prefer the parking lot in that location." Jeffrey seemed interested in exploring some different design and setback ideas. DON PAUL, Fire Department, commented that from the time of the original application until today, the Fire Department has been working from three different versions of the Uniform Fire Code and the Uniform Building Code, and thought it would be in the Fire Department's best interest to have a complete review of this project.. McLaughlin noted that the applicant is asking for an extension of a previously approved landscaping plan. DON KIST, rebuttal, stated that when the project was approved for 27 units, the project met all the criteria. He believes the applicant is trying to do something that is right for the City. ASHLAND PLANNING COMMISSION 7 REGULAR MEETING MINUTES JUNE 8, 1993 COMMISSIONERS DISCUSSION AND MOTION Medinger felt this was a very large project and the amount of time it would take to redesign the project could be small compared to the result. He does not believe this would cause undue harm to the applicant. Armitage, Carr, Bingham and Powell agreed. Cloer was uncertain that if the things the Commission would like to see improved in the plans might not also move the project out of affordable housing. Hibbert's concerns mostly surrounded the setbacks and landscape buffering. Jarvis thought the Commission should consider an ordinance on requests for extensions. Carr moved to deny PA93-067. Powell seconded the motion and it carried unanimously. PLANNING ACTION 93-070 REQUEST FOR OUTLINE AND FINAL PLAN APPROVAL OF A FIVE-UNIT SUBDIVISION UNDER THE PERFORMANCE STANDARDS OPTION FOR THE PROPERTY LOCATED AT 1253 QUINCY STREET. APPLICANT: MICHAEL GUTMAN Site Visits and Ex Parte Contacts Site visits and previous site visits were made by all. STAFF REPORT The applicant is now asking to divide the four units into their own parcels, the house onto its own parcel, and the flag and parking in common open area to be owned by the units. Under base density in R-3, the applicant would be allowed six units so the proposed five units comply. From Staff's review, this application meets all the requirements of the ordinance. If Staff were designing a new multi-family subdivision, this is probably not the way it would be done, but in this instance, the application appears to meet all requirements with the attached 5 Conditions. Cloer asked Staff if Condition 4, regarding the common wall units complying with the building code, could be met. McLaughlin responded that it could. ASHLAND PLANNING COMMISSION 8 REGULAR MEETING MINUTES JUNE 8, 1993 i PUBLIC HEARING MICHAEL GUTMAN, told the Commission that indeed Condition 4 could be met, but it will be cost prohibitive to him. Gutman expressed his confusion about this process and why his application for a minor land partition was not approved last month. McLaughlin explained to Gutman that the process is different for different types of land use applications. When an applicant begins a certain process, he determines what is wanted as an end product. The difficulty comes in changing to a different process after choosing one path. COMMISSIONERS DISCUSSION AND MOTION The Commissioners agreed this application met the Criteria for approval. Medinger moved to approve PA 93-070 with the attached Conditions. Carr seconded the motion and it carried unanimously. PLANNING ACTION 93-084 REQUEST FOR MODIFICATION OF A PREVIOUSLY APPROVED SITE REVIEW FOR DENTAL OFFICE BUILDING AT 277 FIFTH STREET. MODIFICATION INVOLVES THE INCREASE IN THE SETBACK OF THE BUILDING FROM "A" STREET. APPLICANT: DANIEL D. JACKSON Site Visits and Ex Parte Contacts Site visits were made by all. In particular, Bingham paced off the proposed changes and Jarvis looked at the options on the setbacks. STAFF. REPORT This application was approved in February. The applicant is requesting to increase the setback of the main building frontage to 26 feet from A Street. Staff is concerned with the streetscape along A Street. The standard within the Site Design and Use Standards is that the building should be within 20 feet of the sidewalk. Staff believes the applicant is requesting a little too much increase and would not be as appropriate as 20 feet. Twenty feet would give a good sense of entry. The Tree Commission does not believe the evergreen tree is worth preserving.. The Tree Commission site review and the Historic Commission minutes were entered into the record. ASHLAND PLANNING COMMISSION 9 REGULAR MEETING MINUTES JUNE 8, 1993 PUBLIC HEARING DAN JACKSON, gave a brief history of his proposed building as outlined in the letter he submitted. He just wants to build back to where everyone else is along A Street. Hibbert inquired if there would be any new structures being built along A and Jackson thought his was the last to develop there. Jarvis noted that smaller setback gives pedestrians a more secure feeling. McLaughlin explained that the 20 foot setback has been adopted recently. Even though the Euromek building is set further back, it could redevelop and if moved out toward the sidewalk could look more commercial. Jackson was concerned about passersby being able to see his patients while he is working on them, if the building is set closer to the street. McLaughlin argued that•the building may not always be a dental office. COMMISSIONERS DISCUSSION AND MOTION Jarvis and Bingham did not believe Jackson should push the building back because it will not do for A Street what was intended. The old depot is set closer. Hibbert thought the corner lot will look nice by having the building further back with plantings up front. Carr moved to approve PA93-084 with the attached Conditions. Armitage seconded the motion and it carried with Jarvis and Bingham voting "no". OTHER Legislative Issues Cloer provided a significant amount of information on the issues before the legislature. McLaughlin reported that the legislature is looking at opening up secondary lands for further development, lessening the restrictions on this development. In the past, the Commission has voiced concerns over this issue. Cloer explained that there seemed to be so many items brought up in one bill. The bill is 55 pages with 43 amendments. It appears to be a "catch-all" for everyone's concerns. Representative Nancy Peterson will be arguing against the bill on Thursday. She said she would benefit from a letter opposing the bill. ASHLAND PLANNING COMMISSION 10 REGULAR MEETING MINUTES JUNE 8, 1993 Jarvis wondered if the Commission would like to send a letter to Nancy Peterson asking her to oppose any legislative action that would diminish the availability or. viability of LCDC. Bingham thought it was difficult to look at the bill and understand it fully. It was decided to prepare a letter to Nancy Peterson from those Commissioners that wanted to voice opposition to any bill that would diminish LCDC. Joint Meeting of Council and Commission There will be a joint meeting of the City Council and the Planning Commission on June 29, 1993 at 7:30 p.m. Miscellaneous Carr wondered if there was any stipulation in the code that would force the owners.of Rondo Lanes to tidy up. McLaughlin said there was not. Crosswalk Awareness Week is coming up. Please take any concerns to Traffic Safety Commission. ADJOURNMENT The meeting was adjourned at 11:30 p.m. ASHLAND PLANNING COMMISSION 11 REGULAR MEETING MINUTES JUNE 8,1993. ASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES JUNE 8, 1993 CALL TO ORDER The meeting was called to order by Chairperson Barbara Jarvis. Other Commissioners present were Cloer and Hibbert. Staff present were McLaughlin, Molnar and Yates. APPROVAL OF MINUTES AND FINDINGS The Minutes of the May 11, 1993 meeting were approved. TYPE II PUBLIC HEARINGS PLANNING ACTION 93-045 REQUEST FOR A MINOR LAND PARTITION TO DIVIDE A PARCEL INTO TWO LOTS AT 99 GRANITE STREET. PARCEL 1 WILL HAVE STREET FRONTAGE ALONG PINE STREET, WHILE PARCEL 2 WILL BE ACCESSED ALONG A DRIVEWAY EASEMENT FROM PINE-STREET. APPLICANT: STEPHEN CARY Site visits were made by all. STAFF REPORT The applicant is now showing two lots on their revised plan. Access to the existing house on Granite would be from Pine Street so there would be no curb cut proposed off Granite. Staff believes this application meets the applicable criteria and have recommended approval with the seven attached conditions. PUBLIC HEARING DAVID EDWARDS, West 8th Street, Medford, said that the application meets the criteria and asked for approval. COMMISSIONERS DISCUSSION AND MOTION Hibbert moved to approve Planning Action 93-045, Cloer seconded the motion and it carried unanimously. PLANNING ACTION 93-065 REQUEST FOR A CONDITIONAL USE PERMIT FOR AN ACCESSORY RESIDENTIAL UNIT TO BE LOCATED AT 556 FORDYCE STREET. APPLICANT: CAROLYN EIDMAN Site visits were made by Hibbert, Cloer and Jarvis. STAFF REPORT This action was originally approved administratively by Staff. A neighboring property owner requested a public hearing. Since this request, another letter was written stating that the neighbor no longer had any objections to this application. The applicant is asking to convert ,a 500 square foot area in the barn to an accessory unit. The second story addition would be a sleeping loft. Overall, Staff finds the application acceptable with the attached conditions. PUBLIC HEARING Caroline Eidman, Fordyce Street, believes she has met the requirements. Cloer wondered how the drive would be developed and Eidman said the driveway would be moved a little eventually, but there will be enough room to widen it in the future for further development. COMMISSIONER DISCUSSION AND MOTION Hibbert moved to approve, Cloer seconded the motion and it was approved unanimously. 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 were made by all. STAFF REPORT Last month it was noted by Steve Willing that the cart would be in the right-of-way. No additional information was submitted since the last application and unless there is additional information, the original plan would not appear to work. ASHLAND PLANNING COMMISSION 2 HEARINGS BOARD MINUTES JUNE 8,1993 PUBLIC HEARING DAN SHEPHERD, 209 Gresham Street, stated that he did turn in a revised plan and measured the space he wished to use and it would be out of the right-of-way. Shepherd said the deck area would not be incorporated. He said the cart would be away from the building with seating against the wall behind the cart. He also said there would be two chairs and a small table next to the sidewalk. The additional drawing that Shepherd submitted is to scale. He has talked with the owner of Sports Ltd, Garo's and Andy South (property owner) and they all favored the cart. After seeing Shepherd's revised plan, McLaughlin felt the curb cut was large enough to accommodate the cart and also that there would be enough visibility. STAFF COMMENTS McLaughlin asked the Commissioners to keep in mind Steve Willing's comments from last month. COMMISSIONERS DISCUSSION AND MOTION Hibbert thought the applicant should be allowed to proceed through October and reconsider the application next year. Cloer noticed while visiting the site, that traffic from East Main should not be a problem pulling into the parking lot. He is comfortable with the application. Jarvis thought the cart might be a way of drawing people to that end of the downtown. She thought it would be beneficial to limit it to the summer. Hibbert moved to approve, with the added condition that this be reviewed before next summer and that a finalized plan for the seating arrangement and placement of planters be provided. PLANNING ACTION 93-074 REQUEST FOR A VARIANCE FOR THE FENCE HEIGHT FROM 3 1/2' TO 5' FOR A 50' PORTION OF THE FRONT YARD FOR THE PROPERTY LOCATED AT 700 OAK STREET. APPLICANT: BRUCE AND SANDRA WAND Site visits were made by all. STAFF REPORT The applicant is requesting a height variance for a fence that has already been built. On occasion, a fence will be built without a permit and may end up too high. ASHLAND PLANNING COMMISSION 3 HEARINGS BOARD MINUTES JUNE 8, 1993 Excessive fence heights are almost exclusively in the front yard setback area. The reason for a fence should be aesthetics, not to create a barricade or a fortress-type situation. A letter from Mayor Golden is included in the packet regarding fence heights along Oak Street. She wondered if these same fence heights appeared along Siskiyou Boulevard that exist along Oak Street, what would it look like. The fence in this application is about five feet high in the front yard setback and Staff has recommended denial of this application. PUBLIC HEARING BRUCE AND SANDRA WAND, asked the Commission to consider the car lights that shine in their windows from the two accessways located across from them as unique and unusual circumstances. They gathered signatures from many neighbors supporting their fence. They are willing to drop the height of the fence without making it look like a fortress. The Wands noted how several neighbors obscured Oak Street by means of hedges that can grow to heights greater than allowed. They have tried to be sensitive to the aesthetics on Oak Street with regard to their fence. Jarvis was not convinced the criteria have been met for a Variance and she did not believe there were unique or unusual circumstances. McLaughlin responded that the Commission has the discretion in fence height variances since they are an aesthetic requirement. Is the benefit greater than the negative impact? Cloer is leaning towards Staff's recommendation because he sees Oak Street as changing from a more secluded country area to a'city street. As Oak Street changes from a rural to an urban city scape, his bias is for citizens to have visual access to their neighbors. Wand responded that this is an individual case and approval would not open the door to everyone getting approval for fence heights. COMMISSIONERS DISCUSSION AND MOTION Hibbert drives, walks and lives on Oak Street; it is residential with heavy traffic. He would like to keep it the way it is. He believes the fence height should be at 3 1/2 feet in height or that the applicant could plant shrubbery. Approving this application would set a dangerous precedent because he does not believe it meets the criteria. Jarvis does not believe there are any unique or unusual circumstances. She does not want the street walled off from where residents live. Cloer moved to deny the application for a Variance, Hibbert seconded and the motion carried unanimously. ASHLAND PLANNING COMMISSION 4 HEARINGS BOARD MINUTES JUNE 8,1993 PLANNING ACTION 93-080 REQUEST FOR A VARIANCE FOR THE FENCE HEIGHT FROM THE ALLOWABLE FOUR FEET TO FIVE FEET FOR THE SIDE YARDS ABUTTING PUBLIC STREETS, FOR THE PROPERTY LOCATED AT 185 OAK LAWN AVENUE. APPLICANT: LYDIA DRESNEK Site visits were made by all. STAFF REPORT The applicants are requesting a fence height Variance for the Oak Street narrow frontage and the Oak Lawn narrow frontage. These are the side yards. Staff recommends the fence be 3 1/2 feet along the front yard and 4 feet high along Oak Street and 5 feet along the Oak Lawn narrow frontage. The applicants will be required to conform with the vision clearance requirements. PUBLIC HEARING LYDIA AND AL DRESNEK said the reason for the Variance is it is a small lot and they want to fence the area to enjoy their privacy. The Dresnek's submitted photographs. BOB BLANKHOLM, 202 Oak Lawn, said he wants to make sure the 25 foot vision clearance is adhered to and enforced. COMMISSIONERS DISCUSSION AND MOTION Hibbert moved to allow the applicant a fence from the applicant's existing fence on the northeast corner of the property, to run a 3-1/2 foot fence all the way around the property line to a point in line with the southwest corner of the house to a point 4 feet from the west property line. The fence can be 4 feet from that point. None of the fence can interfere with vision clearance. Cloer seconded the motion. Hibbert amended the motion to read that "from the northwest corner the fence may be 5 feet in height not to exceed 17 feet in length, then drop the height to 4 feet to the southwest corner of the house." Cloer seconded the amendment. The motion carried unanimously. ASHLAND PLANNING COMMISSION 5 HEARINGS BOARD MINUTES JUNE 8, 1993 PLANNING ACTION 93-085 REQUEST FOR A CONDITIONAL USE PERMIT FOR AN OUTDOOR FLOWER STAND TO BE LOCATED UNDER THE VIADUCT ON WATER STREET TO OPERATE FROM JUNE 15, 1993 TO SEPTEMBER 30, 1993. APPLICANT: GARY VOGET Site visits were made by all. Hibbert owns property across the street. STAFF REPORT The applicant is requesting to locate a flower stand under the viaduct in the public right-of-way, in the rear portion near the entry of Senor Gators. The land is state owned and has been improved by the City as part of the downtown improvements. This area is used by the Grower's Market and for a few other gatherings. The Rogue Brewery has a limited license to expand to this area (issued by the State). Staff's concern is that this is a private, for profit concern on public lands. The City has not granted individual vendors permission to sell on public property. The Grower's Market is larger and has a bigger draw. In this case, the benefit is largely to the operator. It could possibly be an appropriate experiment to see how it would work to brighten up an otherwise dingy location and see what happens. Hibbert asked what would happen if another vendor submitted an application near this area. McLaughlin said they would have to apply and then the question would be-- does the Commission want to encourage this type of use? He would like to see an added condition that the applicant be asked to contribute to the downtown parking fund. McLaughlin explained the applicant already pays into the Grower's Market during their season and becomes a part of that group on Tuesdays. PUBLIC HEARING TARYN VOGET, stated they are currently part of the Grower's Market. Last year lots of people came to them asking for bouquets, such as Shakespeare and several traveller's accommodations. She likes the idea of a flower stand on the corner and she feels the area under the viaduct is especially unique. It serves as a big cement area that provides access to other areas. Voget feels it would be fair to pay to use the land. She believes the flower stand would add to the ambience and make a place for locals to use and a product that would be in demand. The area is shaded and cooler to flowers and accessible to local people and at the same time providing an affordable product. Voget showed a drawing of what the stand would look like. She ASHLAND PLANNING COMMISSION 6 HEARINGS BOARD MINUTES JUNE 8, 1993 also added that she thought the addition of the flower stand would increase foot traffic in that area. COMMISSIONERS DISCUSSION AND MOTION Hibbert noted that when he worked for a parks department and they found a need for a public service, they would enter into a contract with someone and then parks would collect a percentage. This might be good in the future if someone wanted to sell their goods on the sidewalk. He thought that considering the guidelines available at this point in time, it would be worth approving this application and giving it a try as it would be an improvement to this area. Jarvis was concerned with the already established businesses and competition. She feels this should be done on private property. Cloer moved to deny and Jarvis seconded the motion. The motion carried with Hibbert voting "no". He would like the others to reconsider their decision as it seems like a worthwhile project. If the City is able to collect the fees (Voget offered $100/mo.), it would improve a portion of the town that has a need for this sort of thing. TYPE I PLANNING ACTIONS PLANNING ACTION 93-072 REQUEST FOR A CONDITIONAL USE PERMIT FOR AN ACCESSORY RESIDENTIAL UNIT LOCATED AT 796 OAK STREET. APPLICANT: RISA BUCK This action was approved. PLANNING ACTION 93-075 REQUEST FOR A SITE REVIEW TO REMODEL AND CONVERT THE EXISTING "CAR WASH" BUILDING LOCATED AT 310 OAK STREET TO RETAIL SHOPS AND/OR GENERAL OFFICES. APPLICANT: TIM CUSICK & LANCE PUGH This action was approved. ASHLAND PLANNING COMMISSION 7 HEARINGS BOARD MINUTES JUNE 8,1993 PLANNING ACTION 93-076 REQUEST FOR A CONDITIONAL USE PERMIT FOR AN ACCESSORY RESIDENTIAL UNIT LOCATED AT 908 OAK STREET. APPLICANT: JAY COSTER This action was approved. PLANNING ACTION 93-077 REQUEST FOR FINAL PLAN APPROVAL AND PHASING MODIFICATION FOR FOUR UNITS UNDER THE PERFORMANCE STANDARDS OPTION LOCATED ON CLAY STREET, NORTH AND ADJACENT TO THE WINGSPREAD MOBILE HOME PARK. APPLICANT: HANK ALBERTSON This action was approved. PLANNING ACTION 93-078 REQUEST FOR FINAL PLAN APPROVAL OF A 32-LOT SUBDIVISION LOCATED AS A WESTERLY EXTENSION OF MILL POND ROAD CONNECTING WITH FORDYCE STREET. This action was approved. PLANNING ACTION 93-079 REQUEST FOR MODIFICATION OF CONDITIONS AND FINDINGS OF THE PREVIOUSLY APPROVED SUBDIVISION OFF SKYCREST DRIVE (PA92-133), APPLICANT: THE WILEY FAMILY). NO CHANGES IN THE APPROVED SUBDIVISION PLAN, NUMBER OF UNITS, OR AREA DEDICATED TO OPEN SPACE ARE PROPOSED. MODIFICATION INVOLVES DELETION OF CONDITION REQUIRING OPEN SPACE DEDICATION. APPLICANT: CITY OF ASHLAND This action was approved. PLANNING ACTION 93-082 REQUEST FOR AN EXTENSION OF A PREVIOUSLY APPROVED FINAL PLAN FOR A FIVE-LOT SUBDIVISION UNDER THE PERFORMANCE STANDARDS OPTION FOR THE PROPERTY LOCATED BEHIND 613 FORDYCE STREET. APPLICANT: A.P. Group This action was approved. ASHLAND PLANNING COMMISSION 8 HEARINGS BOARD MINUTES JUNE 8,1993 • PLANNING ACTION 93-083 REQUEST FOR A MINOR LAND PARTITION AND VARIANCE TO DIVIDE A PARCEL INTO TWO LOTS FOR THE PROPERTY LOCATED AT 490 STRAWBERRY LANE. VARIANCE REQUIRED DUE:TO INADEQUATE PUBLIC FACILITIES (STREET, SEWER, WATER, STORM SEWER). APPLICANT PROPOSING DEED RESTRICTION PROHIBITING ANY DEVELOPMENT OF THE NEW PARCEL UNTIL FULL CITY SERVICES ARE AVAILABLE. APPLICANT: JOHN & TRACY DARLING This action was approved. OTHER Hibbert asked Staff to explore the idea of letting people sell goods on the sidewalk. ADJOURNMENT The meeting was adjourned at 3:45 p.m. ASHLAND PLANNING COMMISSION 9 HEARINGS BOARD MINUTES JUNE 8,1993 t3 f . CITY OF ASHLAND � : ._ . CITY HALL ASHLAND,OREGON 97520 telephone (Code 503) 4823211 W� TO: Honorable Mayor and City Council FROM: Al Williams , Director of Electric Utilities SUBJECT: Electric Department Activities for JUNE 1993 THE FOLLOWING IS A CONDENSED REPORT OF THE ELECTRICAL DEPARTMENT ACTIVITIES FOR JUNE 1993 . INSTALLED 6 NEW UNDERGROUND SERVICES, 3 NEW OVERHEAD SERVICES AND 9 ALTERED SERVICES . INSTALLED 1690 FEET OF CONDUIT AND 8745 FEET OF CONDUCTOR. 3 TRANSFORMERS WERE INSTALLED FOR A NET GAIN OF 150 KVA ON THE SYSTEM. RESPONDED TO 114 REQUESTS FOR CABLE LOCATES. HAD 529 CONNECT ORDERS AND 416 DISCONNECTS FOR A TOTAL OF 945 . THERE WERE. 327 DELINQUENT ACCOUNT NOTICES WORKED AND 98 DELINQUENT ACCOUNTS WERE DISCONNECTED. ONE 50 ' POLE, THREE' 45' POLES AND THREE 30 ' POLES WERE CHANGED OUT IN CONJUNCTION WITH OUR POLE REPLACEMENT PROGRAM AND THREE 55 ' POLES, EIGHT 50 ' POLES, FIVE 45 ' POLES AND TWO .',G : POLES WERE INSTALLED UNDER NEW CONSTRUCTION. 19 STREET LIGHTS WERE REPAIRED AND 1 STREET LIGHT WAS REMOVED FROM THE SYSTEM. EMPLOYEES ATTENDED MONTHLY SAFETY MEETING. MONTHLY EMF READINGS WERE TAKEN. Monthly Building Activity Report: 06/93 Page 1 # Units Value SINGLE/MULTI-FAMILY & TOURIST ACCOMODATIONS: Building: ABOVE-GROUND POOL 3, 000 ADDITION 134,042 APT & GARAGE 1 22, 682 CONVERT BASEMENT TO APT 12, 000 CONVERT GARAGE TO BEDROOM 2, 000 DORMER ADDITION 10, 000 DUPLEX 2 89,973 FENCE 4, 100 FOUNDATION 6,000 FOURPLEX 4 179,886 LAUNDRY ROOM 42, 142 PATIO COVER 400 PORCHES & FOUNDATION 21,000 REMODEL 23 , 050 REMODEL & ADDITION 150, 000 REMODEL ATTIC 35, 000 REMODEL-MULTI-FAMILY 20, 000 REVISION TO SFR 0 ROOF DECK 2,000 SFR 5 457, 330 ' SHOP 18, 000 SHOWER & FENCE 2, 600 WATER LINE & GAS FURNACE 0 Subtotal: $ 1,235,206 Electrical: 1 BRANCH CIRCUIT 400 2 BRANCH CIRCUITS 1, 350 220 FOR HOT TUB 200 3 BRANCH CIRCUITS 3, 000 ELECTRIC 1, 100 - ENTRY VOIDING 9305085 -450 GFI CIRCUIT 100 POOL PUMP & SWITCH 300 SERVICE CHANGE 5,535 VOIDED ON 07/09/93 200 WATER SPRINKLER TIMER 100 Subtotal: $ 11,835 Mechanical: 75K BTU GAS FURNACE 1 3 , 620 I I Monthly Building Activity Report: 06/93 Page 2 # Units Value SINGLE/MULTI-FAMILY & TOURIST ACCOMODATIONS: Mechanical: FIREPLACE INSERT 1, 831. GAS FURN + 1 BR CIR 1, 500 GAS FURN, LINE & A/C 3 11,803 GAS FURNACE + 1 BR CIR 1 6,590 GAS LINE 1 200 GAS LINE & FIREPLC INSERT 1 1,700 GAS LINE & STOVE 1 100 GAS LINE FOR POOL HTR 1 0 GAS LINE TO DRYER/RANGE 1 240 GAS STOVE & GAS LINE 1 120 GFAU & A/C 2 9, 045 GFAU + 1 BR CIR 1 1,994 INSTALL A/C 1 3,460 WATER HEATER 1 800 Subtotal: $ 43, 003 Plumbing: ELECT H2O HEATER 320 REPLACE ELEC WATER HTR 355 REPLACE SINK 50 SEWER LINE 3,600 SINK/SEWER LINE 350 WATER LINE 100 Subtotal: $ 4,775 . ***Total: $ 1, 294, 819 COMMERCIAL: Building: FENCE 500 HANGAR #1 15, 000 HANGAR #2 15, 000 HANGAR #3 15, 000 HANGAR #4 15,000 HANGAR #5 15,000 HANGAR #6 15, 000 REMODEL 35, 000 REVISION OF ADDITION PLAN 0 SPECIAL INSPECTION 0 Monthly Building Activity Report: 06/93 Page 3 # Units Value COMMERCIAL: Building: Subtotal: $ 125,500 Electrical: 1 BRANCH CIRCUIT 1,000 2 BRANCH CIRCUITS 450 3 PHASE BR CIR 500 ADD 1 BR CIR TO 9305070 0 ALARM SYSTEM 340 ELEC FOR HANGARS 1-6 2,000 ELECTRIC 1, 000 REDO FEEDER + 2 BR CIR 500 SERVICE + 2 BR CIR 675 SERVICE + 84 BR CIR 30,000 SERVICE CHANGE 600 Subtotal: $ 37, 065 Plumbing: 2 SINKS 875 MOP SINK '100 Subtotal: $ 975 ***Total: $ 163, 540 ------------------------------------------------ Total this month: 111 $ 1,458,359 Total this month last year: 98 $ 1,959, 802 Total year to date: 1170 $21;533 ,783 Total last year: 1085 $26, 144,964 This month This month This year last year Total Fees: 22,795 29,259 255,373 Total Inspections: ' 544 441 6064 NEW CONSTRUCTION: 6/93 RESIDENTIAL PAGE NO. 1 07/14/93 ADDRESS #UNITS CONTRACTOR VALUATION ** APT & GARAGE 370 B ST ASHER, STEVEN DBA ASHER 22682 .00 HOMES ** Subtotal ** 22682 .00 ** DUPLEX 482 IOWA ST 2 KLIMEK, RICHARD 89973 . 00 W_-CONSTRUCTION ** Subtotal ** 89973. 00 ** FOURPLEX 482 IOWA ST 4 KLIMEK, RICHARD 179886. 00 W.-CONSTRUCTION ** Subtotal .** 179886. 00 ** LAUNDRY ROOM 482 IOWA ST KLIMEK, RICHARD 42142 .00 W.-CONSTRUCTION ** Subtotal ** 42142 .00 ** SFR 1250 KIRK IN CIRCLE T CONSTRUCTION 100424. 00 1225 KIRK IN COX, FRED--CONSTRUCTION 77000. 00 1609 PEACHEY RD COX, TOM-GENERAL 29978.52 CONTRACTOR 683 CASCADE ST WARREN CONSTRUTION CO. 144000. 00 366 B ST ASHER, STEVEN DBA ASHER 105928.00 HOMES ** Subtotal ** 457330. 52 ** SHOP 1055 TOLMAN CREEK RD ADAMS CONSTRUCTION 18000. 00 ** Subtotal ** 18000. 00 *** Total *** 810013 .52 NEW CONSTRUCTION: 6/93 COMMERCIAL PAGE NO. 1 07/14/93 ADDRESS #UNITS CONTRACTOR VALUATION ** HANGAR 11 409 DEAD INDIAN RD OWNER 15000. 00 ** Subtotal ** 15000.00 ** HANGAR #2 409 DEAD INDIAN RD OWNER 15000. 00 ** Subtotal ** 15000.00 ** HANGAR #3 409 DEAD INDIAN RD OWNER 15000. 00 ** Subtotal ** 15000.00 ** HANGAR #4 409 DEAD INDIAN RD OWNER 15000. 00 ** Subtotal ** 15000.00 ** HANGAR #5 409 DEAD INDIAN RD OWNER 15000. 00 ** Subtotal ** 15000.00 ** HANGAR #6 409 DEAD INDIAN RD OWNER 15000.00 ** Subtotal ** 15000. 00 *** Total *** 90000. 00 `'{`pf ASMoQm art nA. nm .. OREOO� ,. �{ July 9, 1993 �llII. Mayor and City Council ram: Steven M. Hall, Director of Public Works ($UbjQtt. Monthly Reports Enclosed are the monthly reports for the Public Works department for the month of June, 1993 . SMH TWWORPT.m Enclosures ENGINEERING DIVISION MONTHLY REPORT FOR JUNE 1993 1. Issued 11 street or alley excavation permits 2. Issued 7 miscellaneous construction permits 3. Issued 6 address change or assignment forms 4. Responded to 10 certificate of occupancy reviews 5. Completed 7 pre-applications for planning actions 6. Completed 11 "one-stop" permits 7• Performed field and office checks on 6 partition plats 8. Performed field and office checks on 2 subdivision plats 9. Met with consultant regarding services offered for emergency action plan 10. Researched water rights on Billing's property in north Ashland 11. Prepared a report to the Council regarding a proposed vacation of storm drain easements off Hersey Street 12. Continued work of digitizing tax lot maps into the computer 13. Met with architect regarding proposed public works/planning building 14. Performed the following work on the N.W. Area Pump Station and Reservoir Project: a. reviewed and approved change order no. 2 b. Prepared progress payment no. 2 15. Reviewed change order no. 3 on the Digester Improvement Project 16. Performed the following work on the Mountain Avenue Sewer L.I.D. project: a. reviewed plans of pump station b. met with engineers regarding selection of pumps C. negotiated with property owners for access to property for survey Engineering Division Staff Report for June 1993 9 July 1993 Page 2 17. Operated traffic counters at several locations 18. Performed the following work on the proposed Strawberry Lane Sewer L.I.D. a. reviewed petition and computed frontages, acres, and costs per lot for the Proposed improvement b. prepared report to the Council with a request to set a public hearing 19. Performed the following work on the Railroad Village Subdivision improvement project: a. complete boundary and control survey b. prepared topographic map C. began design of improvements 20. Met with school district personnel and traffic safety regarding proposed improvements on Tolman Creek Road 21. Contacted Jackson County Public Works regarding transfer of jurisdiction on several streets 22. Met with property owners regarding the proposed Oak Street-Pioneer Street L.I.D. 23. Performed the following work on the S. Park Street driveway project: a. awarded contract for construction b. held pre-construction conference C. inspected work performed by contractor 24. Met with owner/developer regarding construction of a drive off Timberline Terrace 25. Prepared memo regarding the removal of the traffic island at Oak Knoll Drive JHO:rs\sntr„c;m Water Quality Monthly report for June 1993 Water: Repaired 2 leaks in City owned water mains. Repaired 6 leaks in customer service and or meter. Replaced 2 leaking water service lines. Repaired 3 TID leaks. Repaired 2 leaks in TID main line at oak Knoll. Changed out 14 water meters. Installed 3 new water meters with hand valves. Installed 2 customer hand valves. Changed over 4 3/4" water services on Nutley Street. Relocated water service down to curb area on Beach Street. Installed one 3/4" water, one 2" water and one 4" water service. Tied in new 24" line at Nutley and Scenic. Replaced 148 ' of leaking 4" line with new 6" water line on upper Nutley. Chlorinated Nutley line and put it into service. Made night time shutdown and tied new 24" line into existing 16" to replace old 12" line that used to feed the area. This finishes up the 24" project that Bowers Construction started and, gets ready for the final project to feed new reservoir. Made shutdown and tied in new tee and valve at Altamont. Installed 40' of new 6" water main at the end of Altamont for new construction. Repaired East Fork Road that got washed out during the winter. Repair drain line on the Lithia water overflow. Removed a log jam at Ashland Creek near the sluicing pond. Sewer: Installed 2 new 4" sewer laterals. Repaired 2 sewers. Responded to 2 service calls. Jet rodded 6, 663' of City sewer mains using 21000 gallons of water. Mechanical rodded 8440 feet of City sewer mains. Used the TV camera to film 241' of City sewer main. Miscellaneous: There were 111 requests for Utility locates. There was 113 . 71 million gallons of water treated at the Water Treatment Plant and 56. 28 million gallons of water treated at the Waste Water Treatment Plant. Used 50 yards of 3/4" minus rock at various jobsites. StrIoet Division June 1993 Report ` SWEEPER: Swept 325 miles~ Collectcd 135 yard» of debris. Responded to 77 utility location rev"e,ks . � CooLunued spring/summer painting progr,m.At Lhe present time we have 2 crown working exclusively an the downtown , trying to catch up. Graded several streets and alleys . Patched put holes and sunken serviLes� Prepared both Faith and Du\ lview for patching due to new storm drain yrojcaLs. Paichc6 new storm d t(="'.cross-overs on ''A^ St . (2) and 1 at 6th and C. Patched Faith Ave : tons. �^ised manholes and s on the Plaza in conjunction with re-surfacing Patche,| 8ellview Av .04 tons . Removed 183 feet of and guttu/ on Gellview Ave- for replacement. Removed and patched back (4 too ) , large sunken area in alley off 4th. , below E. Main . ^ SIGNS: June 1st. : installed 4 hr. parking signs on Winburn Way; extended and repaired posts as needed . Installed RVTD Bus signo on other side of posts to make them readable from both sides. Repluced "ONE WAY" siy// on Will Dodge Way . ' Ra-lucaLed authorized parking on l y s i gn and pos t in front of City Hall . Installed "HANOI-CAP" sign and post in front of the book store on the Plaza. Installed "15 MINUTE" parking sign by the hook store on the Plaza. Installed "LEFT TURN ONLY" sign on Oak St. at F., Maio St, . Replaced faded "NO PARKINS" signs on Grizzly and on Cub Circle. R�*oveJ a ou 7artiog sign and 2 posts from the Plaza area. Tri^w/a6 Lruw lj.obs from around a speed sign on E. Maio acrusq. frum the Armory . 73TOR6 GRAINS� Flushed and/or rnJ6ej nevera} storm drain systems . Cleac;�J Off cat.i` busios Tu)maa Cr. RD. Park prujecL: installed S in . pipe from roof Jrai//s frum the Y,M.C.A. and from the apartments. Also installed manhole cune and lid and grouted Loth; blocked off ,ld 24 in . line with slurry and bcy.." Lock -filling hole. Gpg~n removing black-berries and cleaning the drainage behind 8th . and "k" SLV. . Installed a 12 in. culvert on Fo" Si. . Repaired the storm drain on Lit Way and Ray Ln . broken by the install- &'t-ion of a new power pnle. FaL., icate a new lid for the storm drain/T. T .D. box at the 7.M.C.A. . Rep4irwd a sink hole on Grant St. caused by an old catch basin . ' � . MISC. : Cleaned up after the auction and put equipment back under the covered parking area. Cut brush, black-berries, trimmed Lrees, etc . along No. Mountain .,. Installed Weave for the gate on Wioix^rn by Lhe band shell ' Helped the shop put new oumhu'z on U/e equipment and vehicles . Tri.moud and cleaned up the sidu-walk (old bike-path) along Siski / ou from H'rmony Ln . to Clay St. , Also marked several areas to remove and replace due to tree routs. Hauled off sweeper pile. Trimmed wuedz and cleaned up bike path from California to Wightman along the rail-road tracks . Rao out all the line (several hundred feet) off of the rudder and tightened all of the knuckles. Picked up rail-road rail from Medford for the shop for pole holders for the Electric Dept. . Repaired a sink hole on Oak Gt. ; found an old telephone pole hole. Trimmed brush on Winer at Walnut and also on Alta. Cot black-berries and ivy on Strawberry Ln . between Aloui and Scenic . Stripped paint and built up cooFrcLe from cymeot mixer for ru-furbishing Readied all paving e1uipmuot . Cut weeds and brush on city right-of-way on Ann and Clinton Sts. . Cleaned up equipment and facilities on a weekly basis . Held monthly safety meeting . 2. 5 mechanics completed work on 120 work orders for various types of City equipment and vehicles. With the new numbering systa* in effeci, work orders will no longer be reported in an individual department or division basis. - 7he emergency Scnerstors at City Hall and the Civic Center were manual ly tested an a weekly basis . I aod M certificates issued for the month: 0 ` - i ASHLAND POLICE DEPARTMENT ! Monthly Activities for June,1993 PATROL t The annual "Crosswalk Awareness Week" was held the week of June 7th through the 12th with increased police patrols in the downtown area and Siskryou BI to enforce the laws regarding crosswalk violations. On June 3rd officers were called to Ashland Community Hospital to assist in determining the cause of first and second degree bums to a one and one half baby boy. Investigation revealed that a 14 year old juvenile from Tacoma, Wa has been left at the Normal St residence and that he delibertily burned the baby using a heat lamp. The baby was treated and released from the hospital. The male juvenile was lodged at Jackson County Juvenile Detention Center in Medford charging Assault 1, Assault 2 and Coercion 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 She is also supervising the park patrol program for the summer. TRAINING • Ashland Fire Department provided training at briefing for each shift pertaining to the Fire Department's responsibilities when responding to alcohol related juvenile cases. Officer Lisa Brooks provided similar training to the Fire Department relating to officer responsibilities on the same type of cases. • BPSST provided a two day course at SOSC on Confrontational Simulation which eight of our officers attended. The class is designed for defensive tactics that will simulate various types of confrontations. The students learned the appropriate use of force for different situations from verbal commands to deadly force. • Ashland PD hosted the Region Five training/meeting session for June. • Randy Pryor will be attending a three day course on Police Bicycle Patrol Operation. • Dick Chambers will be attending a two week BPSST Career Course. i PBSO GRANT The grant has ended but the program will not. It is anticipated that programs initiated under this grant, such as : Seat Belt Classes for those cited into Municipal Court, "Smart Cycle" at the YMCA twice a year, Public Service Announcements regarding school opening in the fall, the 'Bike to Work" program and banner, etc. will continue. These programs will be spread throughout the department. INVESTIGATIONS Detective Parlette attended a WSIN ( Western States Information Network) conference in Sacramento in June. He also attended a I day seminar in Medford on June 30, 1993 set up by the Attorney General's Office at the Red Lion regarding drug enforcement. COMMUNICATIONS/RECORDS The Communications division received 3109 phone calls, 627 were 911 calls. Calls For Service 802 Medical Runs 58 Fire Runs 7 ALS Runs 37 Auto Aid 4 DEPARTMENT PHONES: Swing Shift. 1374 calls Day Shift: 1056 calls Grave Shift: 679 calls i Total calls 6718 with 3109 being related to Police/Fire/Medical and 3609 related to other business. 2 COMMUNITY SERVICE VOLUNTEERS. Effective June 18th, Lee Carrau was designated as Sergeant of the Retired Senior Volunteer Police of the CSV program. MOTORCYCLE TRAFFIC OFFICER Brent Jensen has been selected to fill the new position of Motorcycle Traffic Officer (MTO). Brent will be under the Operations division of the department, but will report directly to Lt. Clements. His hours will be adjustable, but will rarely be used at night. His assignment will be traffic enforcement and investigation of major traffic accidents. CL' Gary Brown Chief of Police GEB:bh Attachment 3 TIP ­ "T M 4-P,i .,_r CRE-JEU � -T A T E-D T- t4 yY It U i "F 17. 3 4 T 71 r"-T T -7, Ll, 17 -7 L 13 T 5 -ni.1c RUN AW P.Y 'n.PT I pl I 4 106 150' 163 r-ART 2-4 !112 1'Ez i0s q7� 7 c H.:11 3� ,,,q I i 51 115 156 13 jai CREATED CGNEGUDATED lUC'EFT REPORT 71153 HAVE .7UVE 1993 CLABETUATIV I WRTEDWERSEa WE UENED CLEARBTE RA US U. -7 A,,RS7T Y �KTLJ�,l ACTUAL UTEL XCAAME TWIS TH13 LAST NEAR 70 W THIS LAST THIE QS _AE T THIS !TITR IT?; A 3ATZ !'ClITH r 'T D •rTm- YTD 'i ACINTh' '^T- 17 Ii. T 7 L!L T ART it! 117H CR!n-: PH 1 sun 3 If K ;b ARE W E A OLE N 0 50.0% 35.71 1121 If: YFF A -:I- !! - Q2 X 261 10 F 011 A SAME WE lKLATIGNS UHAL 1LIDI !HTNY E 7A %ol :2 + 112.7 A 2 So A AW! VAN KAN 25.lt 33 21A 41 ST 0.3 100.3% 35.0% 7 11KINS AUBE LH EEL :0 1 11.7'. _.....E-WT 5 6 - 0.7 WHL 31 131 141 Wo a K W 179 12,4 ;TKUNE• AUTU 27 117 137 + 70 LNUE ONLY W -- A 20 CA ATIFT. AEREUD 83 Q 400 2.3 .1 1FEWE VVUEE 1 V 05 60 L iRc 79 319 332 24.1 "1 :KH WZY 1; TIATTWEEMWE 7 :49 352 1.1 31K CAUD FQR 21 17 Hl VE ARINE 50 Ed 242 3 9 41 a + lam lops immm'. CEFIRW, 1 E 113 ". VQLFE :12 q4 F WE WIDEWAL so.2 1!. FARTY S 2 + 50A CNKF. 3UNIEN, AL" WTH 3SLT MIS, 56 49 + 14.3 f." I ?AF.i ::.' TUAL 4 ; 2480 E636 io 90 31 2.31 3.61 3.1% 1 U W 9 93 UND THIL 712 3552 4263 LS N HE 363 650 16,4% 14,21 OWN 52 126 190 :21 738 �F Department of Energy 2 Bonneville Power Administration ri Lower Columbia Area P.O. Box 3621 Portland, Oregon 97208-3621 July 2 , 1993 In reply refer lo: LRB Mr. Brian Almquist General Manager City of Ashland 20 E. Main Ashlar:, OR 97520 Dear Mr. Almquist: Marilyn Holland, our Lower Columbia Area (LCA) Super GOOD CENTS (SGC) Program Manager, has informed me that Ashland's SGC Team has earned an award for achieving "40 Percent or Above SGC Penetration." The awards were presented at the LCA's Sixth Annual SGC Joint Roundtable on Friday, June 18, in Newport. Actual penetration for Ashland for the period January 1, 1992, through March 31, 1993, was 51 percent. This accomplishment can only be achieved through much hard work and dedication. The Ashland SGC team's role in achieving the high penetration percentage and their overall commitment to the SGC Program are very much appreciated. Also appreciated is the support they receive from their management team. We look forward to continuing our successful SGC Program relationship with your utility. Sincerely, George;. Bell Area Manager cc: Dick Wanderscheid, Energy Conservation Coordinator Cathy Cartmill, SGC Program ASHLAND PARKS AND RECREATION COMMISSION CITY HALL ASHLAND, OREGON 97520 488-5340 PARK COMMISSIONERS: KENNETH J. MICKELSEN PATRICIA ADAMS - - Director ALLEN A.ALSING TERI COPPEDGE G t a ;'- THOMAS W. PYLE aEGG , WES L. REYNOLDS ,uly 15 , 1993 Mayor_ Golden and City Councilors City of Ashland Ashland, Oregon. 97520 Honorable Mayor and Councilors. After interviewing all the candidates who applied for the / upcoming vacancy effective July 30 , 1993 for Position #4 ' on the Ashland Parks and Recreation Commission, the Commission unanimously recommends that the City Council appoint Laurie MacGraw to the position. Sincerely, �GGI.tiLLtct(.i Patricia Adams, Chair Ashland Parks :and Recreation Commission L M1SC\PYLE.93 Home of Famous Lithia Park a,+OF AS/q�`o,' '.CREGOI� . July 16, 1993 1110. City Council Members r ,11 rom: Catherine Golden, Mayor �II�IjPCt: Bicycle Commission Appointments Scott Marnon and Tahitia Orr recently resigned their positions from the Bicycle Commission with terms expiring April .30, 1995. I would 'like to appoint Rees Jones and Shari Pearlman to these vacancies. Both letters of interest are attached, and the vacancies were advertised. Attachments/ ASHLAND FIRE DEPARTMENT MEMORANDUM May 26, 1993 TO Mayor Catherine Golden FROM Rees ,Tones Cu�. SUBJECT Bicycle Commission I understand there will be an opening on the Ashland Bicycle Commission when Ken Gosling resigns. This memo is to inform you that I am interested in serving on the Commission again. Shari R. Pearlman 1045 Tolman Creek Road Ashland , Oregon 97420 (503) 480-9048 NSYMP Cathy Golden Citv of Anniand City Hail 00 F. Main Ashland , Oregon WMA) iR:'ar jadjuanwo to w lw rid! "" lr � og�n . j VV L q r d 1 n n n n j wJ q or w an W "ects "s .: 1 am opowninny Wnin" hem Inaw to be sWraYwry 07 the Rurners Womon 's , ! aw 3SUCUT , Rurmar,' Community Autweach and Ma Burnside Advocacy Orom. 1 work with divepwin groups 04 PMOPIQ wrc 080 havolm onficun situations. 1 Sao nagotinte and argue for my client- and ala;.i have the v�2jjjv tu I &Ipm, 1 am Mweenny , i am hanyqne Vider Ono appi-swina MW fact 00�7 MAInns Kas a uoxibnnnjn� dedicated to the nramav " 07 :0 nove Kne rjoing that snalubw u: oyzidn bike Jones. F wulu love to hn a linsfni- netween AsMand and , jackson County nod look worward to the , prospact w wonwAnn with the local wrnnni aystems, in Emort , I would ho honored to me a wart of the commissimin. fhank Vau tior . Vour cunsiveration. Offor V-U my djilgwncm � enthusiasm and Eensmof humor Qincprwly � Mari M., Pear 1 An SHARI R. PEARLMAN Pprtland R-973 `tCn C) }$ EDUCATION: Rutgers School of Law- Camden, NJ Juris Doctor 1992 * Participant in Hunter Advanced Moot Court Competition * Secretary-Women's Law Caucus * Co-founder and Secretary- Community Outreach * Scholarship Award-Rutgers Alumni Association 1991 Wurzweiler School of Social Work -New York,NY Master of Social Work 1987 Emory University- Atlanta, GA Bachelor of Arts in International Studies 1984 * Scholarship to study at Haifa University, Haifa, Israel 1983 Jerusalem Institute - Jerusalem, Israel . Program Participant 1980-1981 * Studied History, Hebrew, Politics and Field Studies LEGAL EXPERIENCE: Pozzi, Wilson, Atchison, O'Leary& Conboy 1992-dent Portland, OR Law Clerk-Workers' Compensation/Personal Injury Federal Public Defender- District of NJ 1991-1992 Camden, NJ Law Clerk George&Korin, P.C. 1991-1992 Woodbury, NJ Law Clerk-Medical Malpractice Ballen, Gertel &Feldman, P.C. 1990-1991 Camden, NJ Law Clerk -Personal In .. Professor Rand Rosenblatt, Rutgers School of Law 1990 Camden;NJ Research Assistant -Health Law U.S. District Court of NJ, Honorable Joseph H. Rodriguez 1990 Camden, NJ Legal Intern Women Against Abuse 1989-1990 Philadelphia, PA Volunteer Advocate Assisted clients in obtaining TROs Admitted:. Oregon 1993 1 . 1 Shari R. Pearlman SOCIAL WORK/ADVOCACY EXPERIENCE: The Private Industry Council -Portland, OR 1989 Job Trainer * Instructed self-marketing,job search skills, resume writing Job Opportunity Bank -Portland, OR 1988-1989 Job Counselor/Developer for refugees * Networked with community agencies and businesses Burnside Community Council -Portland, OR 1986-1988 Social Worker/Job Counselor for homeless clients * Advocated for clients in court * Counseled individuals and groups * Coordinated fire fighter crews for national forest fires Refugee Mentor Program, Office of the Mayor- Portland, OR 1985-1986 Pro ram Coordinator * Matched volunteer mentors with refugees seeking cultural and professional understanding PROFESSIONAL MEMBERSHIPS: American Bar Association Oregon State Bar Association Multnomah Bar Association Oregon Women Lawyers Burnside Advocates' Group, Board of Directors National Association of Social Workers INTERESTS: Travel, Inter-cultural Studies, Vegetarian Cooking, Weight Training �18 C?X � D Ct CE E2SXIttE1� r oo` 1175 E. MAIN ST. ASHLAND, OREGON 97520 Phone(503)482-5211 N Z OF'6eso a< 4RTME July 15, 1993 GARY E. BROWN - Chief of Police TO: Mayor and Council FROM: Gary E. Brown, Chief of Police SUBJECT: Liquor License Application Application has been received from RAMON HEDGES AND DAVID ANDREWS dba\ HEDGES' COUNTRY MARKET for a LIQUOR license, for an ESTABLISHMENT located at 1970 ASHLAND STREET. A background investigation has been completed on the applicant and approval of this application is recommended,. E B OWN CHIEF 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 end Health Care Fatality 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 OLOC OFFICE USE) (THIS SPACE IS FOR CRY OR COUNTY USE) Application is being made for: NOTICE TO CITIES AND COUNTIES:Do not consider this applica- - ❑ DISPENSER, CLASS A. ❑ Add Partner tion unless it has been stamped and signed at the left by an OLCC ❑ DISPENSER, CLASS B ❑ Additional Privilege representative. ❑ DISPENSER, CLASS C ❑ Change Location THE CITY COUNCIL, COUNTY COMMISSION, OR COUNTY X PACKAGE STORE-:Ejff,&❑ Change Ownership ❑ RESTAURANT ❑ Change of Privilege COURTOF • RETAIL MALT BEVERAGE ❑ Greater Privilege (N.m.of Cry or Co nw • SEASONAL DISPENSER ❑ Lesser Privilege RECOMMENDS THATTHISLICENSE BE: GRANTED ❑ WHOLESALE MALT tX New Outlet BEVERAGE &WINE ❑ Other DENIED ❑ WINERY DATE OTHER keeiwj 137._CZ • Br (sian.mre) TG,7S1- TITLE CAUTION: If your operation of this business depends on your receiving a liquor license.OLCC cautions you not to purchase,remodel,or start construction until your license is granted. 1. Name of Corporation, Partnership, or Individual Applicants: � 51 W(AM�"Y V I TYNO- 2) 3) 4J 5) (EACH USIIED aaovE�NYV RLE AN wpvso)u KW' y�wD A FtwwcuL STATEMENT) - 2. Pna entTrade Name ^'- s On, �t'Y'L/ /t Ajc- to . 3. New Trade Name Sc' E' Yearfiled [^� I I- I` ,i. 1h Col ...ConvNVlorlar 4. Premises address�9�a FF� ^ ""� `C.RJT�1ti V�. Q752'0 (NUT .Street.Rural Rohe) (GM IOarnM Iamb) (ZIP) 5. Business mailing address (P.O.Sat Numom,stresl,Rural Rouen) (Gty) (Sbte) (aP) S. Was premises previously licensed by OLCC? Yes_ No Year 7: If yes,to whom:. I Type of license: S. Will you have a manager, Yesx- No_ Name-p00.V tCA A11�Y'�W� (.breaar must fill out InGNdual History) 9. Will anyone else not.signin�g//this application share in the ownership or receive a percentage of profits,or bonus from the - business? Yes— Nop__ - 10. What Is the local governing body where your premises is located? r• �r7 f G/�y//��Gw ry) 11. OLOC representative making investigation may contact /An 1n.0.�� �. M. rd•lc9CS 1470 twsr SLL, _ (Add.) We) 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. It. DATE Applicant(s) Signature 1) "�.3� L> �Pr ➢( 4r� (In cave of corporation.duty authorized officer thereof) 2) 3) 4) 5) O.iam.I- . Local Government S) FamalSSaiBa (seen ATTORNEYS: CAR LAW OFFICE OF LYLE F. STOUT III PARALEGALS. Carlyle F.Stout III 215 LAUREL STREET Deanna"Dee"Dirks MEDFORD,OR 97501 TELEPHONE: (503)776-2020 FAX NUMBER: (503)776-9841 July 14, 1993 Brian Almquist City Administrator City of Ashland City Hall Ashland, OR 97520 Re: Planning Action 93-96906'1 o Applicant: Albert Teitelbaum Location: 284 Hersey Street, Ashland Zone Designation: R-3 Comprehensive Plan Designation: Multi Family - High Density Ordinance Ref: High Density - Multi Family Section 18.28 Site Design and Use Standard: 18.72 Dear Brian: I represent Albert Teitelbaum concerning the above- referenced planning action. It is my understanding that the Planning Commission finally adopted the minutes and findings of its decision on June 8, 1993 , wherein it denied my client's request for an extension of a previously approved site review. Therefore, pursuant to 18. 108. 120 of the Land Use Ordinance, the decision became final on July 13, 1993 . Pursuant to the city's land use ordinance, Section 18. 108.070, you are hereby given notice that my client appeals the final decision of the Planning Commission denying his request for an extension of a previously approved site review., The information required by the ordinance is as follows: 1. Appellant's name: Albert. Teitelbaum 2. Appellant's address: 4316 Marina City Drive, No. 933 Marina Del Ray, CA 90292 - 3 . Appellant's agent: Carlyle F. Stout III 4. Agent's address: 215 Laurel Street Medford, OR 97501 776-2020 The grounds for which the Planning Commission's decision should be overturned is that the applicant met all the criteria for approval .of a site review pursuant to LDO Chapter 18.72. Specifically, all applicable city ordinances have been met or will be met by the proposed development, all requirements of the site review chapter have been met, the site design complies with Brian Almquist City Administrator City of Ashland July 14 1993 Page -2- the guidelines adopted by the city for implementation and an adequate capacity of city facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage and adequate transportation can and will be provided to and through the subject property. The extension was .requested for good cause because the applicant had lined up financing and the lender, Liberty Federal Bank in Eugene, was unable to process the loan before the expiration of the original approval. The applicant has now obtained financing and has a commitment from Liberty Federal Bank, but only for a short period of time. Pursuant to Resolution No. 88-48, enclosed please find my check in the sum of $100 representing the appeal fee. I am requesting this matter be placed on the City Council agenda for Tuesday, August 3, 1993, because of my client' s short time commitment on the loan. He has invested thousands of dollars in this project and also in loan application fees and is therefore under a time deadline. I spoke with Donna this morning about this and she advised me there was sufficient time within which to place this on the August 3 agenda. Thank you for your cooperation. Yours ly, Carlyle F. out IIT CFS:dd CERTIFIED MAIL, RETURN RECEIPT REQUESTED Enclosure cc: client City Attorney City of Ashland (503) 482-3211, Ext. 59 MEMORANDUM July 15, 1993 TO: Mayor and City Council FROM: V---' '-- Paul Nolte SUBJECT: Wingspread Mobile Exchange of Property The sale of city property to Wingspread is controlled by ORS 221.725, where a public hearing and disclosure of value are required. This process was initiated at the last council meeting. The question of exchange of property came up (exchange for a strip along Clay Street for pedestrian travel). This exchange of city property is controlled by ORS 271.310, .340, and .350. No public hearing is required; however, the value of the two properties must be equal, or the value plus cash must be equal. Appraisers must be utilized with the cost of the appraisals to be split between the parties. (s Aceuncil\winpsprd.mem) e.•y OF A 1i °REGOa June 30, 1993 Honorable Mayor and City Council rarm Brian L. Almquist, City Administrat�6 ,� 05UNZ& Sale of Surplus Real Property // As you are aware,the City has been contacted by the owner of Wingspread Mobile Park concerning the acquisition of a 100'wide strip of land between the Park and the SPRR,containing about 1.6 acres. This land was originally intended for a street,but the construction of the Highway 66 overpass now precludes the street. State law requires that before any land is sold that a public hearing be held and that the public be notified of the reasons for the disposal of the land, its intended use, and its approximate value. An appraisal was obtained from Duane Venekamp,a licensed appraiser indicating a minimum value of $9,000 as a land-locked parcel or$16,000 if it had access. The owner of Wingspread has indicated an interest in bidding on the property. If after the public hearing,there are no obligations to the sale,permission is hereby requested to call for sealed bids on the disposal of the property with a minimum bid of $9,000. (d:\brianWngsprd.Mmj) _ E+ . , Valley View and flUr Incorporated 3000 Valley View Road Billing Address: 170 Oak Street Ashland, Oregon 97520 (503) 482-3680 • Fax: (503) 488-1938 July 12, 1993 TO: Brian Almquist, City Administrator Mayor Cathy Golden and members of the City Council RE: Study Session on the Valley View Landfill We are requesting the full council for a study session on July 27, 1993, with Ashland Sanitary Service, Inc. ,. EMCON (Environmental Engineers) , Brad Prior (J.C. Solid Waste Co-ordinator) , and William Saunders, CPA. , to discuss: (1) Two options for Landfill closure. (2) Rate increases. This meeting is very important to the City Of Ashland and our Company is hoping that you will make every effort to attend. Thanking you in advance, ASHLAND SANITARY SERVICE, INC. Ik . Lois Wenker i aary Rig tti Robert Wenker \ Recycling Center Peace �e �►. An Affiliate of Fellowship of Reconciliation P.O.80X 524 ASHLAND,OR 97520 (503)482-9625 Toward An Action Plan Regarding Youth Problems A Prospectus By Kevin Preister Peace House Director July 2; 1993 The Problem Merchants and residents are increasingly concerned about vandalism, panhandling, foul language and aggressive behavior in the plaza and the parka We counted 333 homeless youth this year and know that Ashland is a desireable place for them. The problem is that the interests of each of these groups are not well understood by the other. Toward an Action Plan Community organizing is based on the premise that the best way to solve a problem is to elicit the cooperation of the affected parties. I propose a four-webk community organizing effort, the objectives of which are: 1. "Social mapping": identify the key sets of people using the park and plaza and identify their issues and their resources. 2. To more systematically assess the issues and resources of the merchants in the area. 3. To look for ways to address the issues of both sets of people. Opportunities for employment and for park/plaza maintenance will be particularly explored. What are the options for using youth to do clean up and monitor their own ranks? Expected Benefits 1. Immediate stabilization of plaza problems. Many youth are not even aware of the problems they cause. Better communication among all parties through an organizing effort such as this will provide immediate relief regarding the most visible problems. 2. Opportunities w111 be developed through discussion with affected parties to address the issues of all. 3. Employment opportunities for youth. 4. An action plan to address long-term solutions. cost A four-week, half-time effort would require $850, $250 of which would be used to hire youth to participate in this effort. PANH MING DO NOT GIVE MONEY TO PANHANDLERS! ! PANHANDLING ONLY PERPETUATES DEPENDENCY AND SUPPORTS DRUG AND ALCOHOL USE . ' MAKE A DIFFERENCE BY CONTRIBUTING TO THE FOLLOWING AGENCIES WHICH PROMOTE INDEPENDENCE AND SELF-RESPECT : ° PEACE HOUSE 482-9625 208 OAK ST . ASHLAND OR 97520 I . C . C . A. ( INTERFAITH CARE COMMUNITY OF ASHLAND) C/0 TRINITY EPISCOPAL CHURCH 482-2656 44 N . 2ND ASHLAND OR 97520 . ` CARING FRIENDS ( MARTY' BRYANT� S FREE MEALS PROGRAM) P 0 . Box 3051 482-7501 ASHLAND OR 97520 YOUTHWORKS 488-1900 C/0 TEEN CENTER 71 WINBURN WAY ASHLAND OR 97520 PLEASE MAIL YOUR CHECK TO ANY OF THESE AGENCIES , OR LEAVE YOUR CONTRIBUTION AT THE CHAMBER OF COMMERCE , 110 E . MAIN , OR AT ANY CITY UTILITY PAYMENT DROP BOX . FOR EMERGENCY CARE CALL 779-HELP A pF AM`••,, Memorandum �RFODa.' July 15, 1993 Brian Almquist, City Administrator ram: Steven Hall, Public Works Director 'LIDjECf: Airport Grant Request ACTION REQUESTED City Council authorize Public Works Director to apply for a$300,000 grant from the Federal Aviation Administration (FAA) for improvements to the Ashland Municipal Airport. City Council authorize City Administrator to sign all documents required for acceptance of the grant. BACKGROUND In the approved Airport Master Plan, projects are proposed for construction of certain facilities at the Ashland Airport. Those projects are shown in the Capital Improvement Program with funding sources. The FAA will only fund "non-structural" projects such as taxiways, fighting and security fencing for general aviation airports such as Ashland. They do not fund utilities, buildings or maintenance. With the new federal transportation funds(ISTEA),the FAA has been granted a broader scope and can fund items in the master plan such as the relocation of the residential road on the new 22-acre parcel. The relocation of the road and the taxiway to the existing hangars is critical to the opening of the 22 acres for aircraft related storage or businesses. The Airport Commission, Pam Barlow, Jim Olson and I met with Suzanne Lee Pang (FAA Regional Engineer). Ms. Lee Pang indicated that this federal fiscal year would be the best opportunity for the City of Ashland to submit a grant because the next biennium funding is already heavily committed. Also, FAA will not fund a project of less than $250,000 because of their fixed costs involved in any grant. They used to approved grants in the $50,000 to $100,000 bracket. The city match is 10%, which will be covered by the Engineering Department design and construction inspection costs. r Airport Grant Request July 15, 1993 page 2 The projects in the proposal include: 1. Relocate Residential Road 2. Relocate Existing Taxiway 3. Construct Taxiway to Phase I T-Hangars 4. Construct Phase I Tiedown/Apron 5. Construct Security Fence along Dead Indian Memorial Road. If approved by FAA, a grant offer will be received around March, 1994 and construction would commence in June, 1994. Staff recommends approval of request. SMH=kA�pXF aamt.m. cc: Airport Commission Pam Barlow, Administrative Assistant Jim Olson, Assistant City Engineer encl: Airport Plan i p if nYe i' r I 90� zZN 125' 182.50' a i D u m> O p ` Iy oI y2 BE 1 �5° C > I C z 1 9 N Z p A y S y m I m —_ — A J Z S O r I a I " z O „n m nma i----I II a b I A so s J J D ;z D II n I m I a II III �_J\\\\ ° y° I I I > c V p I I � \ Om I I: n l i D I I I'______l I A L_J L- \ 1 -L — �I i �r—III L - - � I—fr� \\ r a r i I II F ----- r� I ! m A O A m L-J I L------J I I-� i..� L f l f -"ice n y I o mIr_i II _ LJI �I 11 I r1 wm ..€ zN1 I I AD N° L_J IUI I ------l I ILJ I I L f�__-1 r-- 1 I L_J I I I l Il l r-, I� i I I m o L_J I I I L__J c \\ I I >1 I cz I I I I O II 1pl--i/ \\ b > i 3 TI I m IIri[l m r. I > n <I Om > .I L I ♦ \ \\`\`\ V D�0 [ y 1L, ��♦ \\ d A A N £ V fig g > ^ n r 4 I ° m m J\ > 0 I O NNO,i�o IO �l/ m F a �!\\ >> D a z x>cA I y z x I I / m ma N z Opp > vm A ?p< O m " a x S m z m> Z o D A m O m > IJ O N m o (- OFZ I y Le v n �o I a n cA n " 0 iIL. -OFA /ono >£ y 0 . l m ° + 0 D 0 n Z - II r I /a z >� = En cl�oig I P 'n II OaO m y r m a �1• Z xD0 I ' D b Iir D v v 'K� O ° y Omm 10 I 1 I �> C xr7a I `f° j MO IM OS " i ce 00m N / �� uzim my m D N o� m ° Mayor Cathy Golden & Ashland City Council! 20 East Main Ashland OR 97520 Dear Mayor & City Council : I am writing in regards to OR#9.08 .090 "no swine to be kept in the city limits" , and the designation of Miniature Pot- Bellied Pigs as "swine" . Pot-Bellied pigs have gained great popularity as pets since the .original eighteen were imported into Canada in 1985 , the population in the United States in 1992 was an estimated 36,000, and they were Vouge ' s "pet of the month" in 1990" . Many of the reasons for their popularity are as follows . *They do not bark. *They are not malodorous *They do not bite. *They do not fight . *They do not run loose. ' *They do not run in packs . *They are clean and easier to house train than a dog. *They are ranked fourth on the intelligence scale, (behind humans , chimps/apes, whales and dolphins . ) The North American Pot-Bellied Pig Association set the size standard for these loveable pets as follows : Maximum weight- 95 pounds; maximum height-18 inches . Ninety-five pounds may sound big if we were talking about dogs, however pigs, particularly the Pot-Bellies are more bulk that height and so are much smaller that say a 95 pound Rottweiler or German Shepherd . My Pot-Bellied pig is four months old, he was house-trained from the day I brought him home. "Ringo" is black with a white ring around his neck, hence his name. He lives in the house with us and is a companoin to our dog while we are at work. He loves crackers and grapes, and having his belly scratched. He wears a harness and walkes on a leash. He follows me from room to room in the house and sleeps at night on an old comforterer with the cat. Generally you will not find Pot-Bellied . pigs specifically mentioned in most City,. ordinances . They are still to new as pets . However their growing .popularity has made some changes . March 1st ha's been declared National Pig Day in .the,'United States. And more and more cities areamending their ordinances to allow Pot- Bellied Pigs specifically to live in residential areas . I would hope that the City Of Ashland will consider them an "exotic pet" with the phraseology to read along the lines of "not. Native to the state" and "to be kept only for personal enjoyment and com- panoinship" . Not to allow for the breeding and raising of the pigs within the city limits, a piggery would be considered a commercial operation. y Most of my neighboors have stated that they would sign letters saying that Ringo is a very pleasant .neighboor to have, better that most of the locale dogs one noted . The only complaint we have heard was from a person who has had some hard feelings toward us since we were married. I feel the complaint was based more on jealousy than any actual problem with Ringo. I know that this may sound like a small problem to you but I am very attached to my pig and he has become very much a member of our family. I hope you will consider declareing him an exotic pet as stated above and allow me to keep my little porcine friend . If you would like more information, or would like to meet Ringo in person please feel free to contact me at: Angel Andrews Angel Andrews 1565 Siskiyou Blvd #51 % The Oak Knoll Restaurant Ashland OR 97520 3070 Hwy 66 482-6766 482-4312 Thank you for your consideration of this matter. Angel Andrews '•,�4E00�,•' July 14, 1993 �D. Brian Almquist, City Administrator rom: Steven Hall, Public Works Director �lIQjPCt' Proposed Strawberry Lane Sewer LID ACTION REQUESTED City Council consider adopting the attached resolution setting a public hearing on September 7, 1993 for a local improvement district to construct sanitary sewers in upper Strawberry Lane. BACKGROUND See attached memorandum and information prepared by Jim Olson, Assistant City Engineer. GENERAL COMMENTS For development to proceed in the upper Strawberry Lane area, the NW Water Project must be completed, sanitary sewers and streets constructed. This is based on policy set by city ordinances and the Ashland Municipal Code. If this LID is approved by the Council, two of the three requirements will be met after construction of the water and sanitary facilities. k Staff concern is that property owners will assume that all of the requirements for new development will be met and that they can partition or subdivide their property. Without the completion of streets to service the area to city standards, this assumption would be erroneous. At this point in time, it is assumed that the primary access for this area will be an extension of Westwood Street and Strawberry Lane would be a secondary street. SAfH:m�\PW 1.Stbq'I.ID.mem cc: Property Owners Jim Olson, Assistant City Engineer encl: Olson Memo Resolution Exhibit "A" Exhibit "B" RESOLUTION NO. 93- A RESOLUTION OF INTENTION TO PROVIDE FOR SANITARY SEWERS IN STRAWBERRY LANE FROM DITCHLINE ROAD, APPROXIMATELY 1350 FEET WESTERLY. THE CITY COUNCIL OF THE CITY OF ASHLAND RESOLVES: SECTION 1. It is the intention of the Council to construct sanitary sewers in Strawberry Lane from Ditchline Road approximately 1350 feet westerly in Ashland. Such improvement will be in accordance with costs estimated to be $53,110, of which $53,110 will be paid by special assessments on benefited properties. Costs will be allocated based on a unit measure of approximately $10.50 per front foot and $860 per acre of each parcel of land. SECTION 2. The local improvement district shall consist of all parcels listed on "Exhibit A". SECTION 3. The Council will meet in the Council Chambers, Ashland Civic Center, 1175 East Main Street on September 7, 1993, at 7:30 P.M., at which time and place the owners of the benefited property are called upon to appear before the Council or to submit written comments and to show cause, if any, why the improvements should not be constructed and why the owner's property should not be assessed for the improvements. SECTION 4. Warrants for the interim financing of the improvements shall bear interest at the prevailing rates and shall constitute general obligations on the City of Ashland and shall be issued according to the terms and conditions in ORS 287.502 to 287.510, inclusively. SECTION 5. The assessment imposed upon benefited properties is characterized as an assessment for local improvement pursuant to ORS 305.583(4). SECTION 6. The City Recorder is directed to serve notice to the property owners by publishing a notice of the public hearing once in the Daily Tidings, not less than ten days prior to the hearing, and by mailing copies of the notice by registered or certified mail to the owners of each lot benefited by the proposed improvements as shown on the latest tax and assessment roll. The notice shall be in the form of Exhibit "B" attached to this resolution. This Resolution was READ and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland, Oregon on the 7th day of September, 1993. Nan E. Franklin, City Recorder SIGNED and APPROVED this _ day of September, 1993. Catherine M. Golden, Mayor EXHIBIT "B" NOTICE OF PUBLIC HEARING The City Council of the City of Ashland will meet on September 7, 1993 at 7:30 P.M. in the Council Chambers, 1175 East Main Street, to hold a public hearing to consider the formation of a Local Improvement District as follows: NATURE OF THE IMPROVEMENT: To construct sanitary sewers in Strawberry Lane from Ditchline Road approximately 1350 feet westerly in Ashland. BENEFITED PROPERTY: See attached Exhibit "A". ESTIMATED COST: The estimated cost of this local improvement is $53,110 of which $53,110 shall be paid by special assessment of benefitted properties. ADDITIONAL INFORMATION: Such improvement, will be in accordance with costs estimated to be $53,110, of which $53,110 will be paid by special assessments on benefitted properties. Costs will be allocated based on a unit measure of approximately $10.50 per front foot and $860 per acre of each parcel of land. The specific proposed assessment for each lot and other information may be obtained at the Department of Public Works Engineering Office, 27-1/2 N. Main Street; Ashland, Oregon on weekdays during the hours of 8:30 am to 5:00 pm. All affected property owners may appear at the hearing or submit written comments prior to or at the hearing, as to why the park should not be developed or why the benefited properties should not be assessed in the manner proposed. Characterization of the assessment: The assessment imposed upon benefitted properties is characterized as an assessment for local improvement pursuant to ORS 305.583(4). BY THE ORDER OF THE CITY COUNCIL Nan E. Franklin, City Recorder PUBLISH: Daily Tidings 1993 1993 i GF ^SN4-t OREGON 29 June 1993 - --o Brian Almquist, Steve.Hall, Dennis Barnts rum: James H. Oison, Assistant City Engineer 1t�jQCf: Proposed Strawberry Lane Sanitary Sewer L.I.D. The lifting of the northwest area building moratorium has stimulated some growth in the Strawberry Lane area resulting in requests for services which are not yet available...One such request has initiated a proposed Local Improvement District for the construction of a sanitary sewer main from the present terminus at Ditch Road to the end of the Strawberry Lane right of way. In March of this year, Mr. Paul Hwoschinsky approached this office with a request for a petition to form a Local Improvement District to install sanitary sewer mains from the end of the existing line at Ditch Road to the approximate City Limits on Strawberry Lane. Mr. Hwoschinsky contacted several, but not all, of his neighbors and succeeded in acquiring three signatures including Hwoschinsky, Darling and Neuman. . Including the City's two lots (39-1E-8 AC, 105 and 39-lE-8BD, 100), the total percentage of assessment shown in favor is 59.8. The estimated total amount of assessment for this work is $53,110 and is based half on front footage and half on the area of the 9 lots included in the proposed district. If approved this work would be done by contract in conjunction with the installation of a 10 inch water line on Strawberry Lane. Attached are copies of the estimated costs per lot, composition, petitions, correspondence and map. Would you please present this to the Council at your earliest opportunity so that a public hearing date can be set. JHO=Wnwby.m . Attachments i PETITION FOR SANITARY SEWER CONSTRUCTION Location Strawberry Lane from Ditch Road to City Limits Received by City Engineer Dates/9/ 93 NOTICE TO PETITIONERS: Persons signing this petition must be legal owners of record, or purchasers in possession under recorded land sale contract of real property abutting the proposed street improvement. If title to any parcel of property is in the name of two or more persons, all must sign. Petitioners should sign using their names as they appear on the records of ownership. TO THE HONORABLE MAYOR AND COMMON COUNCIL OF THE CITY OF ASHLAND: We, the undersigned owners of record of real property in the City of Ashland, Jackson County, Oregon, hereby petition that: a sanitary sewer main be constructed in accordance with plans and specifications therefore, as shall be adopted by the City of Ashland, and,the cost of such improvements be assessed upon the real property benefited thereby, and that we are the owners of the real property fronting (or benefitting) on said street. NAME ADDRESS TAX LOT Af hV3 /a ,bowby.s= 6dpclit.fmi PETITION FOR SANITARY SEWER CONSTRUCTION Location Strawberry Lane from Ditch Road to City Limits Received by City Engineer G — Date NOTICE TO PETITIONERS. Persons signing this petition must be legal owners of record, or purchasers in possession under recorded land sale contract of real property abutting the proposed street improvement. If title to any parcel of property is in the name of two or more persons, all must sign. Petitioners should sign using their names as they appear on the records of ownership. r TO THE HONORABLE MAYOR AND COMMON COUNCIL OF THE CITY OF ASHLAND: We, the undersigned owners of record of real property in the City of Ashland, Jackson County, Oregon, hereby petition that: a sanitary sewer main be constructed in accordance with plans and specifications therefore, as shall be adopted by the City of Ashland, and the cost of such improvements be assessed upon the real property benefited thereby, and that we are the owners of the real property fronting (or benefitting) on said street. NAME ADDRESS � I �� 9 a TAX-LOT �avc 'Vtiv�a � � 9lLBC m�dny.� u4ctit.rm i- COMPOSITION OF STRAWBERRY LANE SEWER L.I.D. Tax Percentage of In Favor Map No. Lot Assessment of L.I.D. Ownership 39-1E-8AC 100 11.74% no contact Jere H. & Roberta L. Hudson 395 Strawberry Lane 39-1E-8AC 101 20.49% yes Paul Hwoschinsky 443 Strawberry Lane 39-1E-8AC 105 2.57% yes City of Ashland 39-1E-8AC 200 16.28% yes Doug Neuman & Reed Slatkin 4240 Clayton Road 39-1E-8AC 201 14.64% yes Tracy A. Darling 490 Strawberry Lane 39-1E-8AC 300 2.01% no contact Howard Strom 3411 La Falda Place Los Angeles, CA 90068 39-1E-8AC 400 4.94% no contact Robert Dreiszus 10825 Yank Gulch Talent, OR 97540 39-1E-8AC 500 21.54% no contact Margret J. Brown 35 Rue Docteur Guichard Angers, France 49000 39-1E-8BD 100 5.79% yes City of Ashland 100.00% 30 June 1993 - Page 2 Proposed Strawberry Lane Sanitary Sewer L.I.D. - ' r s a S o = ; z CC O �n � S m N 0 . co cn < o D cn z o 0 m Z � � . ; m m m = n ` 0 0 r o D v_, Z ' y Z m '� ss \ z 6 Z m m ---.ROAD—_"--W� j z / a \ 8 Z r ° q� .q, s Z } T � 3 A � � m ON � O h 00 06 Cg pi C13 _ .y N 00 M 0 C rn .--� O d p p M W h N M p W NO — 6.) 69 69 69 69 ^69 6�9 U Vi U a3 c 0 000 � o ° ° 0 0 000. 00 4.) Q CV o cl' ri -.-: 06 V a O id " chn oNO M 00 r_ E .o .S o » 0 (�9 fn 69 . 6M9 to y W 69 o 69 0 69 vj u U 00 00 00 00 00 00 00 00, o o A ( Q o 0 0 0 0 0 0 0 o t n C11 cli C14 C14 Cq 69 En vi 69 y n a) W W 00 h w 'rn (7N N h o a v °� N M 0 O N N h 00 M �D 00 00 O O .� p (. cd N 00 �O h N Vl V1 O 61 M 'd C. U `d T 07 M M00 h h \O V1 h V7 M .: . W -0 p h -' v O N M 3 p Q, y N O 69 � 69 69 69 69 fH 469 W v fn 0 0 0 0 0 0 0 0 0 H 6 0 0 0 0 0 0 0 0 0 h 0 co td Q.LL. N N N N N N N N N p _C E N 69 69 69 69 U3, 69 69 69 69 C a Wuw N N Ri b cr\ p � M-. N ON O r >. N W N 116 O �6 6l O O h N O O a A H V q a Q E a •N y d 3 v y 00 h 00 ON N h O\' O 7 V y tom. N p0 00 N O\ Vl M Q� O O V h � cd T c a 7 006 N ON 06 ^ p N M N C O CC) 61 M M N to CV L w 0 C) y � _ _ U m T O O O O O O O O O O N m y C14 C4 cn q � Q Q Q Q Q Q Q Q 0.Al Q o N a x o0 00 00 00 00 00 00 00 00 FO '� $, F kj o M M M M M M M M M a O z City of Ashland Department of Public Works - Engineering Division Third Revised Estimate for Strawberry Lane Sewer L.I.D. Street: Strawberry Lane Estimate By: D. Ernst (J• Olson) Project: Sanitary.Sewer Extension Date: 2/9/92 (6129193) GENERAL INFORMATION Length of Project: 1350 L.F. Width of Street: Pavement Design: A. ESTIMATED CONSTRUCTION COSTS Total Estimate $ 43,400.00 B. OTHER (list) C. TOTAL $ 43,400.00 D. ENGINEERING @ 20% $ 8,680.00 E. PROJECT TOTAL $ 52,080.00 F. ASSESSMENT ANALYSIS Total Assessable Front Footage or Unit of Assessment 2,539.54 feet Assessable Cost per Front Foot or per Unit of Assessment $ 20.51 (Use $21.00/F.F.) Total Assessable Acreage 30.75 AC Assessable Cost per Acre of Assessment $ 1,693.66 (Use $ 1,720.00/AC) 30 June 1993 - Page 3 Proposed Strawberry Lane Sanitary Sewer L.I.D. City of Ashland Department of Public Works - Engineering Division Revised Construction Estimate for: Strawberry Lane Sanitary Sewer Construction ITEM NO. ITEM UNITS UNIT PRICE AMOUNT I Site Work LS $3,000.00 2 48" Manhole 7 EA $1,500.00/EA $10,500.00 3 8" P.V.C. Sewer Pipe 1,500 LF $15.00 LF $22,500.00 4 Granite Backfill 400 CY $12.00/CY $4,800.00 5 S.S. Clean-out 1 EA $600.00 $600.00 6 4" Service Connection 250 LF $8.00/LF $2,000.00 TOTAL AMOUNT $43,400.0 0 By: Dennis Ernst (Revised by James H. Olson) Date: 2/9/93 (4115193) 15 April 1993-Page 2 22 Febmry 1993-Page 2 of 3 1HO:nbnawby.aew-aiimate.gen JHO:nWnwby.0 -cni"M ge" s p _ - j z CL 7 7 0 cc J M g •A Q, - - -avoti---- W C w �. N W 0 Q \ Z Q o o J m a 3 w w Z ' Z m m. is a 'z+' ........ — W Q a u z z a -i N 3 LU o W O d a - --- ---- : " - -------- O W m a f 3 CL — m F LO W ORDINANCE NO. AN ORDINANCE AMENDING SECTION 4.34. 020.A OF THE ASHLAND MUNICIPAL CODE TO ADD ICE CREAM AND FROZEN DESSERTS AS TAXABLE ITEMS FROM COMBINATION FACILITIES. ANNOTATED TO SHOW DELETIONS AND ADDITIONS. DELETIONS ARE LINED THROUGH AND ADDITIONS ARE S5WED. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. 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: 1. All food and beverages sold by restaurants located within the city to the public, except for whole cakes, pies, and loaves of bread if purchased for consumption off premises, and for alcoholic beverages; 2 . All food and beverages, except alcoholic beverages, sold by a caterer for an event located within the city; and 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.:> the : al�owzrig zt� ns, n ud ng tr�PRIAgs... �xr aciditiG� s, sc�hged or otherwise placed into d'„Gone, bcual ah �r., ?ttta�nr frxr2Iesla � consuption whir nr ndt it �s cans�imed within tie canfInes �� the premises where s�c�r�p�d ar"p�a��d Any £tazen dessert z�c��lsfi.�c� ;�y tie. �7r�t}�z�.Stag Aepartment �af AgracultuYe ui2der CARS :6�3. 31 anal lr ::;�c� cream; �.cb m��kx sherbet or Prawn '1?'o5u7�t fro t sha7:=1 be posed uxlder this svbsgct�on, h©�euer, on any:: at�:m:. whcis zralusxcods nne haE :gad cx? c mare. d Any. other. food infixed, 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. 4 . The following items sold by combination facilities that are bakeries: a. All those items listed in section 4 . 34 . 020.A. 3 .a-e d; b. All bakery products sold for consumption on the premises; and c. All "takeout" or "to go” orders of bakery products prepared on the premises except for whole cakes, pies and loaves of bread and any order consisting of six or more bakery products. PAGE 1-ORDINANCE vordkcuM.Am2) ASHLAND PARKS AND RECREATION COMMISSION CITY HALL ASHLAND, OREGON 97520 488-5340 ? OE`AEM, PARK COMMISSIONERS: KENNETH J. MICKELSEN PATRICIA ADAMS _ Director ALLEN A.ALSING L r' TERI COPPEDGE `- THOMAS W. PYLE - '.IREGOa.• WES L. REYNOLDS - - - I MORUDOM TO Mayor Golden and City Councilors FROM Ashland Parks and Recreation Commission DATE July 15, 1993 SUBJECT: PROPOSED NEW ORDINANCE RESTRICTING DRUMMING AND SOUND AMPLIFICATIONS The Commission strongly recommends that the City Council adopt the attached proposed ordinance for the following reasons: Over the past several years, the use of musical percussion instruments has been on the rise in Lithia Park. Complaints have also increased due to the noise resulting from playing these instruments, i.e. drums in particular. The drumming sounds reverberate throughout the canyon and upward into the adjacent residential areas. These sounds are a noise nuisance to park patrons, city visitors and local residents. It should be taken into consideration that Lithia Park is a fragile park originally created to offer visitors the opportunity to experience solitude and tranquility. The increase of drumming activities is disturbing this ambiance and creating a noise problem. This problem is definitely growing and now encompasses adjacent residents and their guests. Without regulation this problem could escalate out of control. A park policy already exists regarding amplified sound during a. park reservation. It states that "if amplifiers are used or music is played, the noise level shall be, such that it is contained within the immediate area of the (rental) Bandshell to as great a degree as possible. Noise from amplifiers or music shall be at a level that it will not be heard above Winburn Way." t:emec-ft�eteee Home of Famous Lithia Park ORDINANCE NO. AN ORDINANCE AMENDING ASHLAND MUNICIPAL CODE § 10.68.180 TO PROHIBIT NOISE FROM DRUMS OR SOUND AMPLIFIERS WITHIN PARKS AND PROVIDING EXCEPTIONS. ANNOTATED TO SHOW DELETIONS AND ADDITIONS. DELETIONS ARE AND ADDITIONS ARE SO THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 10.68.180 of the Ashland Municipal Code is amended to read: "10.68.180 Whistlesf,dCflrn5 art3 ss�Urrd arnpl>#ier prohibited. Visitors shall not sound whistles, xirur><isootf�erpercusslrtn instrumenfsrriysouid a pitf�erw�tt ual rnatr rr in any of the parks t u�t##3d� hgw�... t#1ttE 16' s4urf8[ng of whf ti , drk�rns or o Ier ercVSSion Ir, tr tints s a part rf srt euerlt 2uthor�zsd by# e Parkmmisslort shall ndt ba prohiited I'rr�vriecf, also;that upon appltCaaor� to t#t0 Pads Gornlr�SS10n^the trr� lsictnmay grant parrrzits far 1hi�use pF'sound ptl#iers #o�spy �srents . The foregoing ordinance was first READ on the day of 1993, and duly PASSED and ADOPTED this day of 1993. Nan E. Franklin, City Recorder SIGNED and APPROVED this _ day of ' 1993. Catherine M. Golden, Mayor Approved as to form: Paul Nolte, City Attorney PAGE 1-ANNOTATED ORDINANCE (p:orftk-drum.an0) RESOLUTION NO. 93- A RESOLUTION DECLARING THE CANVASS OF THE VOTE AT THE ELECTION HELD IN AND FOR THE CITY OF ASHLAND, OREGON ON JUNE 29 , 1993 . The City Council of the City of Ashland met on the 20th day of July, 1993 to canvass the vote cast at the election held on the 29th day of June, 1993 ; and has determined the number of votes for the measure as follows: MEASURE 15-3 Children's Cultural and Recreational Yes 2374 Two-Year Serial Levy No 2691 The City Council of the City of Ashland resolves as follows: SECTION 1. Measure 15-3 , which provided for a Children's Cultural and Recreational Two-Year Serial Levy is declared to have failed. 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 20th day of July, 1993 . Nan E. Franklin City Recorder SIGNED and APPROVED this day of 1993 . Catherine M. Golden Mayor (d:\msm93\canvass.Res) PROCLAMATION I, Catherine M. Golden; Mayor of the City of Ashland, Oregon, do proclaim that at the election held in the City of Ashland, Oregon on the 29th day of June, 1993 , there was submitted to the voters 1 measure relating to a Children's Cultural and Recreational Two-Year Serial Levy which failed. Dated at Ashland, Oregon on this day of July, 1993 . Catherine M. Golden Mayor City Attorney City of Ashland (503) 482-3211, Ext. 59 MEMORANDUM July 15, 1993 TO: Mayor and City Council FROM: Paul Nolte SUBJECT: Summary of Proposed Contract Terms for Billings' Golf Course The terms of the attached letter of intent are summarized below. The terms differ only slightly from the terms discussed in executive session. The most significant differences are in paragraph VII.F (provision added to require the city to preserve easements associated with water rights) and in paragraph VIII.D (subparagraph added to ensure that once golf course construction begins it will be completed in a timely manner). 1. Form: Letter of intent agreeing to terms to be incorporated into lease. Lease to be finalized within 30 days of letter of intent. 2. Parties: City of Ashland and John S. Billings, Gladys M. Billings, Virginia M. Lewis, Mary E. James, John S. Billings, Jr., and Timothy L. Billings. 3. Property: 130 acres of Billings' Ranch (does not include 5-acre homestead or 15 acres within city limits) Subtract possibly 13 acres of frontage north of Jackson Road if City's architect determines frontage not necessary for course. Twelve acres of adjoining Loegel property to be purchased by City. Seven to ten acres of adjoining County greenway property usable for a golf course. 4. Term' Fifty-year lease with two 25-year renewal terms. 5. Rental: Staged increase: $1,000 per month when construction begins. $4,000 per month when play begins (adjusted by CPI) plus one percent of the gross. 6. Construction of course: City required to design and construct course, driving range, pro shop, clubhouse and restaurant; bury existing city power line at city limit's boundary. Mayor and City Council July 15, 1993 Page 2 7. Land use approvals: City required to obtain all necessary land use approvals for golf course use, to initiate process to bring property within urban growth boundary and initiate process to annex by 1998. 8. Other contingencies: Consultation with the Billings Family on the schematic plans for the design of the golf course. Written confirmation from affected state agencies that water rights will not be lost or considered abandoned by the Billings family. Confirmation, prior to use of effluent, from all affected agencies with jurisdiction that effluent may be used for irrigation. Environmental assessment of the property including wetlands inventory and other environmental, historical or archeological constraints. Approval by Oregon Department of Transportation for adequate access from the state highway. Securing by the City of the necessary financing commitments for construction of the golf course. Note that the letter of intent is not binding on the parties, it serves only to set forth the matters determined to be important for purposes of negotiating a lease. Specifically, page eight of the letter provides: "This letter sets forth the intent of the parties only, and is not binding on the parties, and may not be relied on as the basis for a contract of estoppel"or the basis of a claim based on detrimental reliance or any other theory. The parties understand that no party shall be bound until the definitive lease agreement has been negotiated, executed, delivered and approved by the City Council of the City of Ashland and the Billings Family." The letter also contemplates that the city will hold a public hearing before any lease is entered into. Specifically page eight of the lease provides: "Nothing in this paragraph, however, shall prohibit the City from giving public notice and holding public hearings regarding this letter of intent and the proposed terms of a lease agreement." (p:parksWII-en2.mem) LETTER OF INTENT July 20, 1993 Re: Proposed Lease of Billings Property to the City of Ashland For Golf Course Purposes The purpose of this letter is to outline the manner in which the members of the John Billings Family ("Billings Family") propose to lease property which they now own to the City of Ashland ("City") for the construction of a municipal golf course. The parties recognize that this transaction will require further documentation and approvals. Nevertheless, the parties execute this letter to evidence their intention to proceed in mutual good faith to complete the work necessary to negotiate a lease Agreement and associated documents consistent with this letter. The proposed obligations of the parties, terms and conditions of lease, and other expected contingencies, include a but are not limited to the following: I. Acauisition of Loegel Property. The City will acquire title to the approximately 12 acres immediately adjacent to the Billings property, presently owned by the Loegel Family. During . the term of the lease by the Billings Family to the City of Ashland, and during any extension or renewal of such lease, the Billings Family shall have a right to purchase the Loegel property from the City of Ashland for its then fair market. value. If the Billings Family elects to exercise this option they shall give written notice to the City of Ashland stating their desire to purchase. The parties shall then negotiate in good faith to determine a fair market value for the property. ' If the parties cannot 'agree on the determination of a fair market value within sixty (60) days of the notice from the Billings Family, they shall mutually agree upon the selection of an appraiser practicing in Jackson County, Oregon to appraise the property as of the date of the exercise of the option, and the report of the appraiser shall be final and binding on both parties. Once the valuation is established by agreement or appraisal, the Billings. Family shall have ninety (90) days from the establishment of the value within which to pay for the property in cash. If the Billings Family is unable to exercise the option within that period of time, the valuation established by the parties shall no longer be binding and the Billings Family will have to issue new notice and enter into a new determination of value prior to exercising the option. Notice provided by the Billings Family pursuant to this option shall be timely if given during the original term of the lease or any subsequent renewal thereof. Should the Billings Family purchase the property, the City shall have the right to lease the property for the golf course under the same terms and conditions as the lease described in paragraph VIII with base rental to be in proportion to the base rental paid for the Billings property comparing the sizes of the two properties. PAGE 1-LETTER OF INTENT (p:porks%bimng,.ffd) II. Agreement with Jackson Count. A portion of the proposed golf course. is presently owned by Jackson County. City will obtain title to the property for recreational uses. The Billings Family will grant a pedestrian and bikepath easement to Jackson County for the Bear Creek Greenway project at the northeast corner of the property to be leased by the City. Both parties agree to proceed in mutual good faith to ensure that the County property will be available for use as a portion of the golf course for so long as the property is occupied and utilized as a public golf course. III. Land Lease. The golf course will consist of the Billings pSoperty of approximately 130 acres, the Loegel Property of approximately 12 acres, and that portion of the County property determined to be necessary for development of a championship class golf course consisting of approximately seven to ten acres. The Billings Family will lease its entire acreage to the City of Ashland, and the City will develop the acreage as a municipal golf course and driving range with associated facilities. Excluded from the lease will be the 15 acre parcel owned by the Billings which is located within the Ashland City limits and a parcel of approximately 5 acres surrounding the Billings Family homestead. City shall release from the lease that part of the property fronting on Highway 99 located to the South of Jackson Road determined by the City, through advice from its architect, not to be necessary for development of a championship class golf course. For purposes of this section, City shall draft written instructions to the architect, for ,approval by the Billings Family, which approval shall not be unreasonably withheld, as to what matters the architect shall consider in utilizing this portion of the property in the design of the course. A. Term. The term of the lease shall be fifty (50) years, commencing upon execution of the lease. The City shall have the option to renew the lease for two additional 25 year terms. The City shall have a right of first refusal to purchase the property in the event that the Billings Family offers it for sale. The Billings .Family shall . have a ' right of first refusal to purchase 'the -operating rights in the golf .course in the event that the City elects to cease operation of the golf course. City reserves the right to contract out the operation of the golf course to a private firm or enterprise. At the conclusion of the lease term, all greens, tees, irrigation systems, and other permanent improvements to the land or buildings "shall remain in place for the benefit of the Billings Family. Golf carts, golf course equipment and furnishings shall not revert to the Billings Family at the end of the lease . B. Rental. Upon execution of a contract for the construction of the golf course and subsequent commencement of construction, the City will begin payment of a monthly base rental of $1,000. 00 per month. This base' rental shall PAGE 2-LETTER OF INTENT (p:pwi.abming,.m) increase to $3, 000. 00 per month when course play begins. This base rental shall be adjusted annually to equal changes in the Consumer Price Index (All Urban Consumers (CPI-U) , for Portland, Oregon) . In addition, once course play begins, the City shall pay additional rent to the Billings Family equal to one percent (1.%) of the annual gross receipts received by the City from all revenue producing activities on the property in the following manner: When course play begins, the city shall estimate the total gross receipts until the following September and divide the estimate by the number of months until such September. The quotient shall be the amount added to all other monthly payments paid to the fillings Family. When such September arrives, the actual gross receipts for the preceding months shall be calculated. If this calculation is more than the actual amount paid by the City then the difference shall be paid by the City to the Billings .Family at time of next monthly payment. If the calculation is less than the actual amount paid, then the difference shall be credited to City on next monthly payment or payments. For each succeeding year, beginning in September, the gross receipts shall be estimated and the percentage monthly payment and September adjustments made as provided above. If, after the second year of operation, the base rental plus the one percent of gross receipts plus the amount paid for water as described in paragraph VI do not equal $6, 000.00 per month, the City shall make an additional monthly payment to the Billings Family so that the amount received shall be a minimum of $6, 000.00 per month. The lease will terminate and all property shall revert to the exclusive control of the Billings Family in the event that the City of Ashland ceases to operate a municipal golf course on the site for a period of more than six (6) months or notifies the Billings Family of its intention .to. discontinue the operation of the golf course. Nothing in this paragraph, however, shall be construed to restrict the City's right to contract out the . operation of the golf course to a private firm or enterprise. Nor shall this paragraph apply to 'a .termination of the operation of the golf course of 'less than 18 months if such termination is caused by an act of God. In such case, rent shall be abated- during the period of inoperation. If City is able to continue operation on nine holes of the course, then all rents shall apply, except that only one-half of the base rent shall be due. C. Government Apbrovals. . The lease shall require the City at its. expense to obtain all necessary governmental permits and zone changes, or other legal authorizations required for the operation of the golf course. D. Course Standards. The City agrees to construct and maintain a championship class golf course, together with a driving range, pro shop, and clubhouse and restaurant. For PAGE 3-LETTER OF INTENT (p:are,%neiing..rca) those portions of the golf course within the immediate vicinity of the 15 acre parcel owned by the Billings Family in the Ashland City limits, the parcel of approximately 5 acres surrounding the Billings Family homestead and any of the frontage property determined by the architect not to be necessary for the course as provided in paragraph III above, the Billings Family shall have the right to approve the design of the course as it relates to aesthetic and hazardous conditions for these parcels. Such approval by the Billings Family, however, shall not be unreasonably withheld. As to the remainder of the course, the Billings Family shall have the right to be consulted regarding the design and plans for the course. The golf course master plan shall provide necessary access for the delivery of irrigation, power, and sewer to the property retained by the Billings Family and shall provide for burying the power line which crosses the Billings property located within the City limits within ten years of the date of the lease or when construction of the subdivision described in paragraph VII.D . is begun, whichever is sooner. E. Additional Buildings and Improvements. The City shall not construct any public buildings or facilities other than golf course and related improvements on the leased premises without first obtaining the permission of the Billings Family, which shall not be unreasonably withheld, and shall be required to establish a reasonable rental payable to the Billings for facilities consented to. Any additional facilities shall be incorporated into the base lease by an addendum and shall be subject to the terms and conditions of the base lease. F. Taxes, Maintenance, and Insurance. The lease agreement shall provide for the City to pay any and all maintenance costs, taxes, liens, or other fees chargeable against the property by reason of the operation of the golf, course, and the City shall hold the Billings Family harmless from any such liability during the operation of the golf course, except for the negligence of the Billings Family. The City shall qualify the Billings and Loegel properties for special property tax assessment under ORS 321.795 or otherwise avoid the imposition of back taxes on the Billings Family when the property is removed from exclusive farm use zoning. The City shall maintain liability insurance coverage covering the City and the Billings Family with limits to be mutually agreed upon between the parties. G. Reservation of Rights. The lease shall provide that the Billings Family will reserve for itself the following property rights as a part of the lease. 1. Any trees and buildings removed during or after construction shall be the property of the Billings Family. PAGE 4-LETTER OF INTENT (p:P,h,%baing,.ffd) f .. 2. Prior to commencement of construction, the Billings Family shall have adequate time to liquidate their cow herd, and Lessee shall take all necessary steps to protect the herd during construction. 3 . The Billings Family reserves all mineral, oil, gas, and. geothermal rights, so long as the removal does not adversely affect the operation, facilities and play of the golf course. 4 . Sums received as a result of condemnation proceedings shall all be the property of the Billings Family exce130t. for any value attributed to special improvements of the property for a golf course provided for in any award. 5. The Billings Family reserves the rights to all potential electricity which may be generated by use of the water discharged from the dam or dams on the property. The Billings Family will use the water. for electrical generation only when it does not affect the irrigation of the golf course or the use of the water by the City as replacement water. The Billings Family agrees to sell to the City such electricity as desired and generated at the same cost as is then paid by the City to Bonneville Power Administration. To the extent practicable, the City shall leave all existing trees on the property, and shall bury any future City power lines crossing the property. To the extent practicable, future power lines accessing the property shall also be buried. IV. Land use approvals. Within 12 months of the date the lease is finalized, the City agrees to initiate the process to include the entire golf course and property retained by the Billings Family for inclusion in its urban growth boundary. Prior to December, 1998, the City agrees to initiate the process to annex the course and property to the City. Both parties acknowledge, however, that the City cannot guarantee the result of these processes nor contractually obligate itself -to a predetermination of the issues involved. The Billings Family agrees to cooperate in',obtaining the necessary land use approvals, whether from Jackson County or the City of Ashland and, if necessary, to execute all necessary applications and other documentation as record owner of the property. Following approval of Lessee's plans and specifications by the Commission and the building officials, Lessee shall expeditiously apply for all necessary permits and make continued and substantial progress towards permit issuance. Lessee shall commence construction in accordance with plans and specifications approved by the Commission within 60 days following approval by City or County of Lessee's plans and specifications. If required permits are not issued by the appropriate authority within 90 days of approval of plans and specifications by the Commission, City may, upon 30 PAGE 5-LETTER OF INTENT (p:parks%i11ings.ffd days written notice to Lessor, terminate this Lease and Lessor shall have no further liability to City under this lease. V. Development Costs. All costs associated with the processing of the land use actions or appeals required to obtain approval for this project, shall be borne by the City, including all master planning, engineering and survey costs, if any. VI. Irrigation. The City proposes to use the existing water rights on the property to irrigate the golf course or to maintain streamflow . The City shall pay the Billings Family $12, 000.00 per year beginning six months after commencement of construction of the golfs course or upon irrigation of grass for the course, whichever occurs sooner, for the use of the Billings Family water rights. Water rights payments under this section shall be adjusted annually to equal changes in the consumer price index (All Urban Consumers) (CPI-U) for Portland Oregon. In the event the city uses treated effluent from its sewer plant, The City shall be obligated to save and indemnify the Billings Family free and harmless from any and all claims of environmental damage resulting from the use of such effluent on the property. VII. Contingencies. This transaction is subject to the fulfillment of the following contingencies: A. Purchase by the City of the Loegel property. B. A written agreement in a form mutually satisfactory to Jackson County, City, and the Billings Family with respect to the use and development of the County's property adjacent to Bear Creek. C. Execution of a written lease agreement in a form mutually satisfactory to the City and the Billings Family, with basic terms as set forth in this letter of intent. D. Consultation with the Billings Family's on the schematic plans for the design of the golf course and location of the driving range, club house and restaurant and other amenities associated with the course. For those portions of the golf course within the immediate vicinity of the 15 acre parcel owned by the Billings Family in the Ashland City limits, the parcel of approximately 5 acres surrounding the Billings Family homestead, and any of the frontage property determined by the architect not to be necessary for the course as provided in paragraph III above the Billings Family shall have the right to approve the design of the course as it relates to aesthetics and hazardous conditions for these parcels. Such approval by the Billings Family, however, shall not be unreasonably withheld. The schematic plan shall provide for the continued delivery of irrigation, electrical power, sewer, and water facilities to those portions of the Billings property retained by the Billings Family. Nothing in this paragraph shall require City to PAGE 6-LETTER OF INTENT (p:pnrtx%iiiings.lTd provide delivery of irrigation, power, sewer, or water not now provided to the Billings property nor require irrigation to be provided to that portion of the Billings property within the City after such property receives subdivision plat approval and construction of the subdivision begins. Any irrigation continued to be provided shall be proportionate to the size of the property it serves compared to the size of the property leased by City. E. Issuance of all necessary land use permits for construc- tion. of the golf course. The City may initially process this application as a conditional use permit under existing country zoning, but the City shall commit itself, as provided in paragraph IV, to file and process an urban growth boundary amendment and annexation for the entire property as well. F. Written confirmation from affected state agencies with jurisdiction that the proposed use of the water rights for the Billings property will not result in loss or abandonment of those water rights to the Billings Family. City shall take such steps as are necessary to ensure that the easements for delivery of the water from such water rights shall not be lost or abandoned. G. Confirmation, prior to use of effluent, from all affected agencies with jurisdiction that effluent may be used for irrigation. H. Environmental assessment of the property including wetlands inventory and other environmental, historical or archeological constraints. If such assessment indicates that a material portion of .the property would not be available for course development, then City shall have no , further obligation for development. I. Approval by Oregon Department of Transportation for adequate access from the state highway to the proposed development. J. Securing by the City of the necessary financing commithents for construction of the golf course. VIII. Construction Schedule. The parties have agreed to pursue the following schedule for completion of 'this project: A. Execution of letter of intent. July 20, 1993 . B. Completion of a mutually agreed upon definitive lease agreement. August 18, 1993 . C. Completion of all other conditions necessary before start of construction within 18 months of the completion of the lease agreement. PAGE 7-LETTER OF INTENT (p:paks%iuing3.frd) D. Completion of golf course, driving range, clubhouse, restaurant and related amenities within 22 years of commencement of construction. If not completed within such period of time, City shall commence paying the base rental as if the project were completed. The parties recognize that the above time schedule is subject to change and it represents only an approximate prediction of the timing with which the necessary tasks remaining for completion of this project will be performed. If the City shall have exercised due diligence to obtain the necessary governmental permits, authorizations and financing and such permits, authorizations and financing are not obtained within 48 months of the completion of the lease agreement then either party may terminate their efforts to secure completion of the project upon providing the other party with written notice. Until such termination, the Billings Family .agrees not to 'offer its property or assets to third parties or entertain offers from them, negotiate for the sale or lease of their property to third parties, or make information about the property available to third parties for purposes of sale or lease. Neither party shall issue any press release, advertisement, or public relations information regarding this project prior .to the execution of a definitive lease agreement as provided for by this letter of intent. Nothing in this paragraph, however, shall prohibit the City from giving public notice and holding public hearings regarding this letter of intent and the proposed terms of a lease agreement. This .letter sets forth the intent of the parties only, and is not binding on. the parties, and may not be relied on as the basis for a contract of estoppel or the basis of a claim based on detrimental reliance or any other theory. The parties understand that no party shall be bound until the definitive lease agreement has been negotiated, executed, delivered and approved by the City Council of the City of Ashland and the Billings Family. It is the intent of the parties that this lease will be negotiated and entered into during the month of August, , 1993 . Any contingencies listed•` in Section VII which have not been satisfied or- waived within this period of time shall be incorporated into the lease. This agreement is personal to the parties and may not be assigned by any of parties without the express written consent of all other parties. By signing below, the parties indicate their agreement with the basic understandings set forth in this letter of intent and PAGE 8-LETTER OF INTENT (p:parkj%buiing,.lfd) signify their intent to proceed in good faith substantially in the manner outlined in this letter.. Dated this day of 1993 . "BILLINGS FAMILY" n S. Billings ' Gladys Billings AA1 01\ ohn S. BillincjA, JrU M ry E. Nmeq Timothy L. Bi ngs Virg ' ' a M. Lewis "CITY" Attest: Cathy Golden, Mayor Nan Franklin City Recorder PAGE 9-LETTER OF INTENT (p:pa kalbillings.rcd) ASHLAND PARKS AND RECREATION COMMISSION CITY HALL ASHLAND, OREGON 97520 488-5340 PARK COMMISSIONERS: KENNETH J. MICKELSEN V O . D PATRICIA ADAMS — irector ALLEN A.ALSING - '" Z. TERI COPPEDGE •,• p THOMAS W. PYLE WES L. REYNOLDS Jl1[]eM 7, 1993 Mayor Golden and City Councilors City of Ashland RE: LITHIA SPRINGS TRACT LEASE EXTENSION Honorable Mayor and Councilors: The Ashland Parks and Recreation Commission is requesting that the Ashland City Council consider renewing the Carrdssion's existing "Lithia Springs Tract" lease which expires on March 31, 1998. This renewal would extend the current lease period by 10 years starting April 1, 1998 and ending March 31, 2008. It would be the intent of the Commission, pending the Council's approval of this lease renewal, to extend the Ashland Gun Club's sublease on the same tract for a like-period of 10 years. The sublease time frame would correspond, to the Cammission's lease dates. The Ashland Gun Club facility is currently located on the Lithia Springs site. In May of 1968, the City leased this particular site to the Commission. Since that time, the CcmTdssion has subleased the site to the Gun Club - in 1969 with an ending date of May 31, 1978 - in 1978 with an ending date of March 30, 1983 - and in 1983 with an ending date of March 31, 1998. The Cammission subleases to the Gun Club for three (3) reasons: 1. The club's activities have recreational value for a large number of individuals. and groups. 2. The club's purpose meets the criteria for a park and recreation facility. 3. The club has consistently subleased the "Lithia Springs Tract" since 1969, has operated problem-free, and has met all contractual obligations. Sincerely, Patricia Adams, Chair Ashland Parks and Recreation Commission 7:Blt11CtICLtt J7 ' Home of Famous Lithia Park q PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Ashland City Council will hold a public hearing on July 6, 1993 at 7 : 30 P.M. in the Council Chambers, 1175 E: Main Street, on the following matter: The proposed sale of a 100' wide parcel of real property located adjacent to the North .side of the SPRR; West of Clay Street. Possible use of the property would be for expansion of an existing mobile home park. The property was originally intended for street purposes but due to construction of the Highway 66 overpass, the parcel is now land-locked. Any interested person is hereby invited to the public hearing to express their views on the proposed sale of the above real property. Ashland City Council Nan E. ranklin City Recorder PUBLISH: July 2, 1993