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HomeMy WebLinkAbout1993-0907 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 num er of people who wish to be heard, and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL SEPTEMBER 7, 1993 I. PLEDGE OF ALLEGIANCE: 7:30 P.M., Council Chambers ll. ROLL CALL III. APPROVAL OF MINUTES: Regular Meeting of August 17, 1993. IV. SPECIAL PRESENTATIONS & AWARDS: 1. Proclamation: September 11-18 as "Composting Awareness Week". 2. Certificate of Achievement for Excellence in Financial Reporting from GFOA. 3. 25 Year Employment Anniversary Plaque: Al Williams, Electric Utility Director. V. CONSENT AGENDA: 1. Minutes of Boards, Commissions, and Committees. 2. Monthly Departmental Reports - July and August, 1993. 3. City Administrator's Monthly Report - August, 1993. 4. Liquor license applications: a. Golden Dynasty restaurant, 1415 Siskiyou Boulevard (new license). mob. Andre's restaurant, 1209 Siskiyou Boulevard (change of ownership). mac. 1st Street Bistro, 15 N. First Street (change of ownership). 5. Ratification of appointment of Thomas C. Howser as Pro-tem Judge for one day. 6. Recommendation from Director of Public Works on immediate funding of odor control projects at Wastewater Treatment Plant. 7. Memorandum from Raoul Maddox extending invitation to Council on Ashland City Band trip to Guanajuato, Mexico in June, 1994. 8. Designation of voting delegate for annual L.O.C. Conference in Eugene (Mayor Golden, delegate; Councillor Acklin, alternate). 9. Approval of Mayor's appointment of Chloe Winston to Historic Commission. VI. PUBLIC HEARINGS: (Must conclude by 9:30 p.m.) 1. Planning Action No. 90-067, a request for an extension of a previously approved site review for a 26-unit condominium complex located at 284 Hersey Street (Al Tietelbaum, applicant). 2. Proposed formation of a local improvement district for the installation of sanitary sewers in upper Strawberry Lane. 3. Wetlands Options (continued to September 21, 1993). VII. UNFINISHED BUSINESS: 1. Authorization for staff to advertise for the sale of surplus real property adjacent of SPRR near Wingspread Mobile Home Park. ✓2. Second reading by title only of "AN ORDINANCE AMENDING SECTION 9.08.040.6 OF THE ASHLAND MUNICIPAL CODE TO ALLOW POT-BELLIED PIGS IN THE CITY". /3. Second reading by title only of "AN ORDINANCE OF THE CITY OF ASHLAND AMENDING CHAPTERS 2.50 AND 2.52 OF THE ASHLAND MUNICIPAL CODE C,OD TO UPDATE COMPETITIVE BIDDING PROCEDURES AND BIDDER QUALIFICATION REQUIREMENTS". 4. First reading of an ordinance amending Ashland Municipal Code Sec. 10.68.180 to prohibit noise from drums or sound amplifiers within Parks, and providing exceptions. /5. Reading by title only of "A RESOLUTION ESTABLISHING RATES FOR T- �� 93 3� HANGARS, TIE-DOWN SPACES, INDIVIDUAL HANGAR LAND LEASES AND RESERVATION DEPOSITS AND REPEALING RESOLUTION 93.34". VIII. PUBLIC FORUM: Business from the audience not included on the agenda. (Limited to 3 min. per speaker and 15 min. total) IX. NEW & MISCELLANEOUS BUSINESS: / 1. Request by "The Park People" for permission to sell crafts on public property and to waive or reduce business license fees. 2. Letter from Alzheimer's Association of Southern Oregon requesting that City \ jointly sponsor fundraising event and waive fee for banner. X. ORDINANCES, RESOLUTIONS & CONTRACTS: 1. First reading by title only of "AN ORDINANCE OF THE CITY OF ASHLAND AMENDING CHAPTERS 2.25 AND 13.16 OF THE ASHLAND MUNICIPAL CODE TO UPDATE AND CLARIFY THE LANGUAGE IN THESE CHAPTERS TO REFLECT ACTUAL FUNCTIONS OF THE TREE COMMISSION AND TO ADOPT NEW TREE STANDARDS". 2. Renewal of contract with Oregon HEAT for low income financial assistance for winter heating expenses. Xl. OTHER BUSINESS FROM COUNCIL MEMBERS XII. ADJOURNMENT Wk...n61\.gendal COUNCIL AGENDA MINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL AUGUST 17, 1993 CALL TO ORDER: Mayor Catherine Golden called the meeting to order and led the pledge of allegiance at 7:32 p.m. in the Council Chambers. Councilors Laws, Reid, Hauck, Acklin, Winthrop, Arnold were present. The minutes of the regular meeting of August 3, 1993 were accepted as prepared. CONSENT AGENDA: Winthrop moved to approve consent agenda as follows: 1) Minutes of Boards, Commissions and Committees; 2) Departmental Reports - July, 1993; 3) City Administrator's Monthly Report - July, 1993; 4) Memo from Planning Director regarding application to County Planning Commission for aggregate removal in Dead Indian Road area. Arnold seconded the motion, all AYES on voice vote. PUBLIC HEARING: 1. Authorization to Sign Letter of Intent with John Billings, et al., regarding development of an 18-hole golf course located on the Billings Family farm at the western edge of the City of Ashland. City Administrator Almquist reviewed memorandum from City Attorney Nolte. Nolte summarized proposed contract terms. Parks and Recreation Director Mickelsen reviewed advantages for municipal golf course development in Ashland. Mickelsen presented revenue figures from various municipal courses. Planning Director McLaughlin reviewed impact of proposed golf course traffic on downtown/Siskiyou Boulevard area. McLaughlin noted that the proposed golf course site is within the Urban Growth Boundary which will restrict further development pressures on the surround properties. McLaughlin said it was difficult to project economic effects within the City. McLaughlin stated the proposed course may increase the off-season convention business. Councilor Arnold asked if traffic estimates included driving range use. McLaughlin advised they did. Mayor Golden asked how many homes could be developed in the 155 acres. McLaughlin stated 400- 500 homes. Councilor Winthrop asked Nolte for clarification on lease finance amounts. Nolte advised $1,000 difference was for water rights. Councilor Winthrop requested Almquist review water rights for property and second source of water. Almquist advised investors would look for 2 sources of water; if effluent is shipped to Medford, it would play a major role in development of course. Estimated need for course is 1%2 million gallons per day during peak season. Councilor Winthrop asked if water rights are being used now. Tim Billings, 160 Reiten Drive, stated the full water rights have not been used recently due to water delivery problems by the city's development problems, but they have used all that was available to them. Councilor Winthrop wants clarification that the second source is a financing requirement. Nolte said it is Regular Meeting - Ashland City Council - August 17, 1993 - I not a contingency in the agreement. Finance Director, Jill Turner, discussed revenue projections needing a coverage ratio of 120%. Profit of $50,000 annually from fifth year forward was projected by Mickelsen. Councilor Hauck asked for clarification on alternatives to herbicide/pesticide use. Almquist noted that an environmental study was one of the contingencies that would be reviewed. Don Way, 860 Cambridge Street, asked questions regarding water availability if city were to be in water restrictions again. Director of Public Works Steve Hall advised'that Water Curtailment Ordinance did not affect water rights; water rights take precedence. John Nicholson, 1575 Greenmeadows Way, opposes the letter of intent and asked that his letter of July 19 be made part of public record. Mark Abelle, 850 Cambridge Street, asked if the development would connect to Nevada Street. Almquist stated no and there will be a public hearing through the Planning Commission with adjacent property owners noticed. Simon Ketchloin, 1609 Jackson Road, asked if plans included 13 acres in UGB, restaurant, etc. Almquist advised the 13 acres would be included only if the developer deemed it necessary; a snack bar is being planned, no restaurant. Ketchloin requested his property be included in the UGB and access to the golf course be through the Billings property north of the train trestle through the 13 acres, not Jackson Road. Kate Hartzell, 881 East Main, spoke in opposition. Jack Blackburn, 805 Oak Street, spoke in opposition and presented a letter from Dr. Christian Hald for the record. Gerry Lehrberger; M.D., 1639 Jackson Road, spoke in opposition. Joe Eckhardt, 108 Bush, spoke in opposition. Elaine Shanafelt, Visitors' Bureau, supported the proposal. Bill Legion, 427 Timberlake Drive, supports the proposal; Judy Kaplan, 212 W. Nevada, supports the proposal. Kim Lewis, 1045 North Main Street, supports proposal. Russ Silber, 562 Ray Lane, requested the proposal be referred to voters. Gary Schrodt, 681 Liberty Street, requested cost comparison of buying vs. leasing land from Billings. Almquist stated Billings not interested in selling land. Andrea Shafer, golf instructor at Oak Knoll, supports proposal. There being no further comments from the audience, the public hearing was closed at 9:20PM. Acklin moved to approve signing of letter of intent by Mayor and City Recorder. Motion was seconded by Hauck. Arnold moved to amend motion to add contingency that voters be included in revenue bond approval process. Winthrop seconded. Roll call on motion amendment: Arnold YES; all others NO. Motion failed. Roll Call vote on motion: Winthrop NO, all others YES. Motion carried. Councilor Laws moved to go to New & Miscellaneous Business and Ordinance #4 and then back to regular agenda. Hauck seconded. All AYES by voice vote. Regular Meeting - Ashland City Council August 17, 1993 - 2 NEW & MISCELLANEOUS BUSINESS: 1. Approval of explanatory statement for voters pamphlet for: a. Initiative Petition for repeal of tax on prepared food and beverages. Nolte stated the Council initiated the measure and must prepare explanatory statement. Mayor asked to consider whether the measure should drop the 4% tax this election only or be continued as an option for voters anytime in the future. Laws requested statement have last sentence, 2nd paragraph deleted and change Department of Environment Quality to Department of Environmental Quality. Hauck moved to accept explanatory statement with changes noted by Laws. Roll Call vote all YES. b. Competing measure reducing tax on prepared food and beverages from 5% to 1% effective upon passage of statewide sales tax. Russ Silber, 562 Ray Lane, Council should lower 4% tax, not the voters; there should be no competing measure on ballot. Winthrop moved to have competing measure on ballot with first three sections. Laws seconded. Roll Call vote: Hauck, Arnold NO, all others YES. Motion carried. Laws moved to strike same sentence from measure as in explanatory statement and change to state that this is a city tax of 5% being reduced to I %. Hauck seconded. Roll call vote all YES. Motion passed. ORDINANCES. RESOLUTIONS & CONTRACTS: 4. Reading by title only resolution of "A RESOLUTION REFERRING TO VOTERS COMPETING MEASURE TO THE INITIATED MEASURE TO REPEAL FOOD AND BEVERAGE TAX. Laws move to adopt resolution. Winthrop seconded. Roll Call vote: Arnold, Hauck NO, all others YES. Motion carried. PUBLIC HEARING (CONTINUED): 2. Discussion of alternatives for upgrading of Wastewater Treatment Plant. Director of-Public Works Steve Hall requested Council continue public hearing to September 7 and encourage staff to proceed with state agencies' proposal for a meeting on September 29 to begin discussions on regional issues. Gary Schrodt, 681 Liberty Street, support staff request. Bob Jones, 725 N. Laurel, supports hooking LIP to regional system via Medford now. Evan Archerd, 125 Eagle Mill Road, supports hookup to regional system, too and request Council consider other regional issues in future. Public hearing closed 10:35PM. Arnold move to accept staff recommendations. Winthrop seconded. Voice vote all AYES. Motion passed. Regular Meeting - Ashland City Council - August 17, 1993 - 3 UNFINISHED BUSINESS: 1. Report from Director of Public Works regarding odor problems at Wastewater Treatment Plant. Hall reviewed options prepared by Brown and Caldwell. Dick Marshall, Wastewater Treatment Plant Supervisor told Council there was a 3-week window to eliminate problem odors. Sludge being hauled to lower portion of Billings property. Sludge will be hauled to other areas designated as soon as property owners give permission. Laws moved to extend time 1/2 hour. Reid second. Voice vote all AYES. Motion carried. Dennis Barnts, Water Quality Superintendent, advised Council of progress of odor removal processes. Mayor reviewed letters and petition received requesting resolution of problem. Mia Shove, 365 Kent, asked Council to review microbe solution to problem. Winthrop advised Council was waiting to receive specifics from Organic Environmental Systems, Inc. Jack Allen, President of Organic Environmental Systems, Inc. 521 S. Central Avenue, Medford, advised Council he would present a list of upgrades done by his company by Wednesday, August 19. Ted Anderson, 197 Alder Lane, requested an immediate solution be agreed upon tonight. Janet Williams, 1115 Oak Street, requested Council explore microbe solution. Alberta Apenes, 142 W. Nevada, read a letter she submitted for the record requesting a immediate action be taken. Nancy James, 369 Oxford Street, said the condition was unacceptable. Arnold moved to extend the meeting 1/2 hour. Reid seconded. Voice vote all AYES. Motion carried. Denise Carrico, 173 Almeda Street, requested solution so there is no smell. Bob Jones, 725 N. Laurel, stated sludge disposal will become more difficult in future when wet weather arrives. Acklin moved to follow course of action proposed to have Nolte contact DEQ directly to determine additional dump sites for sludge and begin process to determine financing alternatives for speedy solution at September 7 Council meeting. Reid seconded. Voice vote all AYES. Motion carried. 2. Sale of surplus real property adjacent to Wingspread Mobile Park and SPRR. Postponed to September 7 Council meeting. Regular Meeting - Ashland City Council - August 17, 1993 4 PUBLIC FORUM: Daniel Rueff, discussed homeless issues. Group of people have begun community barbecues eight weeks ago. Next barbecue will be Saturday. Council and Mayor are invited. Attended by 300 people. Group is requesting Council assist them in securing permission to sell their crafts at entrance to Lithia Park or secure a business front location in the downtown area. Arnold suggested Peace House Director Kevin Preister be contacted for assistance. Rueff mentioned Preister had suggested Council would be able to help them. Rueff closed by inviting Council and Mayor to the barbecues. ADJOURNMENT Meeting was adjourned at 12:05PM. Nan E. Franklin Catherine M. Golden City Recorder Mayor Regular Meeting - Ashland City Council - August 17, 1993 - 5 ....... ... ............ ..... .... ......... .. ....... WHEREAS, Ashlanders appreciate our area's natural beauty and natural resources; and WHEREAS, good environmental habits like backyard composting of yard and kitchen debris creates humus which enriches our . .... and reduces the solid waste stream;earn; and i WHEREAS, the City of Ashland is offering education on how and why we should do backyard composting; and �Io WHEREAS, to encourage composting, the City of Ashland and the M,71 Oregon Department of Environmental Quality are offering rebates of 33 1/3% to Ashland residents who buy a compost bin or the materials to build such a bin from an Qf Ashland store. NOW THEREFORE, 1, Catherine Golden, Mayor of the City of Ashland, Oregon, do hereby proclaim September 1 1 -18, 1993 as: "COMPOSTING AWARENESS WEEK" T! in Ashland and encourage each Ashland citizen to practice backyard Wk� composting of yard and kitchen debris. In this way, we each contribute to our fu ture, the health of our natural resources, and our quality of life. Dated this day of September, 1993. :-R Catherine M. Golden, Mayor 4�Rtj!; 40 Nan E. Franklin, City Recorde r ASHLAND COMMUNITY HOSPITAL BOARD OF TRUSTEES July 27, 1993 The regular monthly meeting of the Board of Trustees of Ashland Community , Hospital was held.on Tuesday, July 27, 1993, at 12:15 in the conference room. PRESENT: Frank Billovits, Madeline Hill, Mary O'Kief, Judy Uherbelau, Tom Reid, and Dick Nichols, Trustees. Clifford A. Hites, M.D. , Medical Staff Representative. Also present: James R. Watson, Administrator; Polly Arnold, Director of Patient Services; Peggy Cockrell, Director of Personnel\Marketing; Pat Flannery, Director of Development; and Glenda Cole, Administrative Assistant. Absent: Steve Lunt, Bruce Johnson, M.D. ; Mary Ellen Fleeger; Trustees; Pat Acklin, City Council Representative; and Mike McGraw, Controller. I. CALL TO ORDER In Mr. Lunt's absence, Mr. Billovits called the meeting to order at 12:30. II. MINUTES Mr. Billovits called for a review of the minutes .of the Strategic Planning Committee of January 14, 1993; the- Executive Committee of June 15, 1993; and the Board of Trustees of June 22, 1993. Following review, Ms. Hill made the motion to approve the minutes as circulated. Mr. Nichols seconded the motion and the motion carried. III.. COMMITTEE REPORTS A. Strategic Planning: Mr. Nichols reported that the Strategic Planning Committee met on July 9, 1993. He stated that Networking with the Medford Clinic was added to the Level I priorities and Mr. Watson was asked to "clean up" the lists of priorities and summarize the ones that have been completed. IV. DECISION ITEMS A. Conflict of Interest Form: Mr. Billovits called for motion to approve the revised form as suggested at last month's meeting. Ms. O'Kief made the motion to approve the form as revised. Mr. Nichols seconded the motion and the motion carried. Trustees were asked to return the signed forms to administration. Board of Trustees July 27, 1993 Page 2 B. Approve June Expenditures: Mr. Reid reviewed the expenditures for the month of June in detail. He stated that everything is in order and made the motion to approve. Ms. O'Kief seconded the motion and the motion carried. V. MEDICAL STAFF REPORT In presenting these names for credentialing, or recredentialing, or other changes in status of a medical staff member, or potential medical staff member, the Executive Committee of the Medical Staff asserts without qualification that the affected person were afforded due process in accordance with the Medical Staff By-Laws and the rules and regulations of the hospital. A. Credentialing: Mr. Watson stated that the following practitioners were approved by the Credentials Committee and the Executive Committee of the Medical Staff: Credentialing: 1. David J. Wilson, M.D. - Courtesy Staff - Retina\VitYeous Surgery 2. Suzanne Haveman, R.N. - AHP - Surgical Assistant Internship 3. Brad Jacobsen, CRNA - AHP - Epidural Anesthesia Recredentialing: 1. John Delgado, M.D. - Active Staff - Family Practice 2. Cornelia Byers, M.D. - Courtesy - Physical\Rehabilitation 3. Daniel Saviers, M.D. - Courtesy - Physical\Rehabilitation Ms. Uherbelau made the motion to approve these practitioners' request for privileges. Mr. Nichols seconded the motion and the motion carried. VI. DISCUSSION ITEMS A. Hospital Property Line: Mr. Watson stated that a memo from Bob Nelson, City Risk Manager, was included in the packet regarding the liability issues with removing the fence. He reviewed a proposal from Michael's Holding Company regarding the cost to remove the fence, create an earth and\or wooden barrier and installing a side walk. The cost was quoted to be between $58,000 and $65,000. Ms. Hill made a suggestion of replacing the grassy lawn with drought resistant plants and trees. This would be attractive, need less water, and would give more privacy to patients. Mr. Watson was asked to get estimates on this idea. Mr.. Watson stated that another suggestion was made which was to remove the sidewalk from around the building. Board of Trustees July 27, 1993 Page 3 B. Strategic Planning Update: Mr. Watson stated the Board of the Ashland Healthcare Enhancement Corporation met on Monday, July 26, 1993. He stated that they have identified some.areas to work on in the next few weeks. He stated that there is nothing new in Networking. We are continuing to work on the Talent professional offices. Mr. Watson stated that we are having severe problems with lack of space. He stated that he is working on solving some of the problems in the surgery area. C. Board\Medical Staff Picnic-on-the-Patio: Mr. Watson stated that the fourth annual Board\Medical Staff Picnic has been scheduled for Thursday, September 30th at the Backporch Barbecue. D. Compensation Comparisons: Mr. Nichols stated that the Executive Committee felt that it would be beneficial to have some professional help on how to structure compensation packages\salary parameters for our administrator. He stated that Mr. Watson had suggested that it would be helpful to him if key management positions were also included in this survey. Following discussion, motion was made, seconded, and carried to ask the Executive Committee to proceed with this professional help search. Any . contract will come to the Trustees for approval. E. Employee Wage & Benefit Package: Mr. Watson stated that he has received very positive feedback from employees on the wage and benefit package. VII. QUALITY ASSURANCE Mr. Watson stated that the Quality Assurance Committee met on July 6th and that all issues .are being handled appropriately. VIII. ADMINISTRATOR'S REPORT A. Nursing: Ms. Arnold stated that Addie Thornton, RN in surgery has retired and she read a thankyou note from her. Another long term nurse will retire in August. B. Financial: Mr. Watson stated that we will begin our annual audit next week and should have financials complete approximately 3 weeks following the completion of the audit. C. Personnel\Marketing: Ms. Cockrell stated that we are doing some recruitment of on-call personnel. She stated that the Employee Recognition Dinner has been scheduled for October 28th. We had our first aid booth at the 4th of July activities again this year. Sports Physicals are scheduled for August 7th for the students going into the 9th grade. Our Medical Forums will start again in September on Cable Access. Board of Trustees July 27, 1993 Page 4 D. Foundation: Mr. Flannery stated that approximately 60 people participated in the first golf tournament. This tournament netted approximately $6,600 for the Foundation. He stated that Mr. Dom Provost has volunteered his Clear Spring Resort for next year's golf tournament. E. Other Issues: Mr. Watson, in complying with the Board's request to inform them regarding unbudgeted capital expenditures greater than $100,000 or budgeted items greater than this figure, shared with the Board his plan to pursue acquisition of 24 new hospital beds for our ICU and Med\Surg nursing units. Discussion followed regarding numerous points including: budgeting planning process needing to be more detailed and questions were raised regarding how this type of expenditure come forward without being placed on the approved budget; what can we do with the surplus beds, such as donating them to needy organizations, individuals, or even other countries.; and about why it may prove beneficial on a cost per unit basis to pursue action of the beds this fiscal year. Ix. ADJOURNMENT There being no further business, the meeting was adjourned at 2 pm. Respectfully submitted: APPROVED: Richard A. Nichols, Secretary Stephen B. Lunt, Chairman CITY OF ASHLAND PARKS AND RECREATION COMMISSION R1N7GCILAR iV��I NG M I NLJZ'ES July 13, 1993 Chair Adams called the meeting to order at 7:30 p.m. at 340 S. Pioneer Street . ATTENDANCE: Present: Pat Adams, Al Alsing, Tom Pyle, Teri Coppedge, Wes Reynolds, Ken Mickelsen Absent: None I. ADDITIONS OR DELETIONS TO THE AGENDA A discussion of the marketplace on Callp Guanajuato was placed under New Business. II. APPROVAL OF MINUTES A. Regular Meeting - June 23 1993 Commissioner Pyle made a recommendation that the words "in City Hall" be placed in the third paragraph of Page 5 in describing where the Commission would like for the Council, to commit space for a public restroom. The other Commissioners concurred. Commissioner Reynolds made a motion to approve the minutes of the June 23, 1993 Regular Meeting as corrected. Commissioner Coppedge seconded. The vote was: 5 yes - 0 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 reflected by Pavnhles checks 117889 through 118025 in the amount of $85,151 .00 and Payroll checks 416290 through 416392 in the amount of $39, 1.31 .63. Commissioner Reynolds seconded. The vnte was: 5 ves - 0 no IV. AUDIENCE PARTICIPATION ON THE AGENDA None V. AUDIENCE PARTICIPATION NOT ON THE AGENDA None VI. OLD BUSINESS A. Review of ordinance Prohibiting noise from drums Paul Nolte, City Attorney, was present in the audience to answer any questions the Commission might have regarding his draft to revise the City's municipal code 1110.68. 180 concerning noise generated by drumming in city parks. Ashland Parks and Recreation Commission Page 2 Regular Meeting - .June 23, 1993 Review of ordinance on drumming - continued In response to an inquiry by Commissioner Pyle, Mr. Nolte stated that in his opinion prohibiting recreational drumming in the city parks would not be discriminatory. He said that if prohibiting drumming was going to be challenged as discriminatory, it would be challenged on the basis of the First Amendment regarding freedom on speech. He said that it was lawful. to restrict the "time, manner, and place" of speech but not "content". He said that his opinion would be that restricting drumming in the parks would not be' considered restriction of "content",' that the restriction would be on the type of sound, not content of expression. ' MOTION Commissioner Reynolds moved to forward the draft of the amended ordinance to the City Council recommending its approval . Commissioner Alsing seconded. The vote was: 5 yes - 0 no VII. NEW BUSINESS A . Marketplace on Calle Guanajuato Cnmmissi.oner Pyle inquired of Mr. Nolte as to whether or not the Commission would be required to go out for bid in order to lease/rent Calle Guanajuato for marketplace purposes . Mr. Nolte indicated that in his opinion the Commission would not be required by law to go out for bid for the rent or lease of real property, however, he did consider it prudent from a management. standpoint . Commissioner Pyle suggested that the Commission would want to begin quickly to decide on the selection. process for a marketplace operator for 1994 since this year's agreement was only for one year. He also Suggested that if it were not required by law he did not believe that the Commission should go out to. bi.d for an np"rator. He said that he abso was concerned that .the Commi.seion used different criteria for selecting marketplace operator and for selecting which restaurants would be able to lease space on Calle Guanajuato. He said that since °seniori.ty" had been a criteria for the restaurants it should also be one for the marketplace operator. Commissioner Adams differed with Commissioner Pyle indicating that she believed that the two kinds of operations were so different that applying similar criteria was not sound . However, she also indicated that she felt it was time to look forward to determine how the selection of a marketplace operator would be made in the future. She said that she felt that the criteria used tact year needed to be fine tuned. After some discussion, the Commission asked staff to develop a timeline ' which would reflect reviewing and setting the criteria for selection of a marketplace operator so that a decision could be made by the Commission at its October Regular Meeting. Ashland Parks and Recreation Commission Page 3 Regular Meeting - June 23, 1993 NEW BUSTNF.SS - continued B. Youth Recreation Survey Commissioner Pyle indicated that he had attended a .meeting some time ago in 'which the raw data of the youth survey regarding recreational activities had been discussed . He said that he had been trying to contact the group to find out whether or not the data had been-analyzed but had been unable to get in touch with the appropriate person. Commissioner Alsing said that he had read the raw data published in the newspaper and also felt that the Commission could use the information for future planning. After some discussion, the Commission asked Stella Gardiner, Projects Coordinator, to follow up on obtaining more information concerning the survey. Commissioners indicated that they would be particularly interested in any recurring themes concerning recreational opportunities which were needed and which were "do-able". Staff was asked to report back at the August Regular Meeting. C. Recommendation to City Council on appointment to Commission MOTION Commissioner Alsing made a motion to recommend to the City Council that it appoint Laurie MacGraw to replace Tom Pyle in Position 1t4 on the Commission due to Commissioner Pyles resignation. Commissioner Reynolds seconded . The vote was: 5 yes - 0 no VTTT. CORRESPONDENCE, COMMUNTCATTONS, DIRECTORS REPORT Director Mickelsen reported to the Commission that the Reservoir Area in Lithia Park was being much enjoyed with swimming attendance ranging between 22 persons and 11.4 persons depending on the weather. water temperature was averaging 58' . IX. ITEMS FROM COMMTSSTONSRS In conjunction with a report. from Commissioner Reynolds on the Forest Commission, Director Mickelsen noted that within this budget year the City would be spending the balance of the finds which it had committed to the clean-up of the Superior/Brevick properties. After the properties have been cleaned-up, they would then be dedicated as park property and the Commission would take over maintenance and develop a recreational plan for the area . Tn discussion of the wetlands option for the sewer treatment facility, Commissioners by consensus agreed that they did not believe they had the expertise to recommend to the Council that it sho,il d choose one option over another, however, they did want to advise the Council that if it should choose the wetlands option as the solution to sewage treatment that the Cotmnission'would like to be involved in the planning for the park and/or recreational aspects of the area . The Commission asked Chair .Adams to write a letter to that effect to the Co+tnr.il . Ashland Parks and Recreation Commission Page 4 Regular Meeting - June 23, 1993 ITEMS FROM COMMISSIONERS - continued In discussion of the Roberts/Barton Sub-Division, the Commission decided to write a brief memorandum to the Planning Department restating its support for maintaining the T.I.D. ditch along the ditch road as a public access trail as indicated on the Open Space map. Commissioners also decided to write an additional memo to the Planning Department requesting that it be informed of any offers of land for open space purposes whether or not that land in currently on the Open Space map, and, what would likely happen to thV land if it were not accepted for open space purposes. In discussion of future planning for the Railroad Park, the Commission by consensus directed staff to seek proposals from Landscape architectural firms interested in working with the Commission and park neighbors to develop a conceptual design for the park. X. NEXT MONTHS AGENDA The next Regular Meeting was scheduled for . Monday, August 30, 1993. XI. ADJOURNMENT With no further business, Chair Adams adjourned the meeting. Ressppecltfullpl.•y- submitted, .Ann Benedict, Business Manager .Ashland Parks and Recreation Department ASHLAND HISTORIC COMMISSION Minutes August 4, 1993 CALL TO ORDER The meeting was called to order by Chairperson Jim Lewis at 7:37 p.m. Members present were Jim Lewis, Terry Skibby, Le Hook, H.L. Wood, Dana Johnson, and Keith Chambers. Also present were Associate Planner Bill Molnar and Secretary Sonja Akerman. Nan Hannon and Steve Ennis were absent. Jane Dancer resigned. APPROVAL OF MINUTES Chambers said on Page 7 of the July 7, 1993 Minutes, he felt the subcommittee was not just focusing on 'B" Street and that he would like the minutes to reflect this. Hook then moved and Johnson seconded the Minutes of the July 7, 1993 meeting be approved as corrected. The motion passed unanimously. STAFF REPORTS PA 93-090 Site Review 58 East Main Street Allan Sandler Molnar explained Staff administratively approved this second story addition, and it was called up for a public hearing by two different parties. No details or reasons were given. The addition will have outside dining on the balcony and indoor seating. The stairway to the right of the building will be used as access. The Site Review requirements have been maintained. Skibby asked about changes in the rear. Molnar said it will be fairly unaltered. There will be some additional tables and the second story will overlook the patio. Hook said it would be helpful to have rear elevations. Allan Sandler clarified the back will be almost identical to what it is now. The bar will be removed and several feet back will be a similar wall which will be either brick or stucco. He said he will be working closely with OSFA and the City. ADA requirements will also help determine the material to be used, but thinks it will probably be brick. He will make sure everyone is satisfied. The addition will be built to code, and it will continue the look of the patio in the rear. Chambers questioned the balcony overhang and stated he did not necessarily like it. Molnar said since it will be in the public right-of-way, one condition will be the State of Oregon approve of the encroachment. Sandler stated most of the balcony will be on his property. The awning will be removed and the balcony will be a solid parapet. He added the balcony will probably overhang the sidewalk about two feet more than the awning. Chambers maintained the building will be out in public space as a commercial use. Although the design of the addition is fine, he sees the overhang as extremely obtrusive, and he feels the six foot overhang doesn't fit with the streetscape. Molnar said the service it will provide will be similar to an awning, while also providing outdoor eating space. Sandler insisted the Comprehensive Plan requests outdoor eating spaces such as this. Skibby stated the design has a nice feel to it and the Review Board has looked at the plans. He added if this concerned a more significant building, it would have to be looked at differently. Also, there are marquees in the downtown area and this has a similar appearance. Johnson moved to recommend approval to the Planning Commission with the condition the applicant provide the Review Board rear elevations before the Building Permit is issued. Skibby seconded the motion. Chambers said he likes the overall design, but does not like the precedence the overhang will set. Although it will most likely be a pleasant place to sit, he feels it will be much more noticeable than it looks on the plans. The motion passed with all voting aye except Chambers, who voted nay. PA 93-095 Outline Plan Approval Scenic Drive Access John Barton/Bruce and Pokii Roberts Molnar explained this action was reviewed at last month's meeting. However,the applicants postponed the review before the Planning Commission meeting to address Staff concerns. The applicants have proposed a dedication of 1.7 acres to the City with a path up to Ditch Road. The applicants have also proposed a conservation easement which will prohibit the removal of trees and ensure no structure will be within 25 feet of the top of the ditch/trail on Lot 1. The Parks Department has requested they remove dead and dying vegetation and construct the trail to its standards. The parking bays which would have required severe cuts have been either eliminated or redesigned. The long private drive has been reduced 150 feet, and the turn around is now oriented toward Scenic Drive. Access to Ditch Road will be provided through a locked gate. Also, structural sprinkler systems will be required in some of the new homes. Skibby said he felt it was necessary to be aware there was a major fire from Jackson Hot Springs up the ridge in the 1950s, and questioned the prevention of future potential Hires. Molnar said the Fire Department is not concerned with the length of the private drive. The hillside is within the City fuel break. It will need to meet fire prevention and control requirements, including hydrants with specified flow. As part of the private drive, two parcels have legal access to use Ditch Road. This right, however, will be relinquished by the owners (who have agreed). Ashland Historic Commission Minutes August 4, 1993 Page 2 Lewis questioned Molnar about the major cuts and fills, and landscaping. Molnar said the fill slopes will be seeded with a hydromulch with native ivy and periwinkle. The Tree Commission had a positive reaction to the revised landscape plan. When questioned about the number of parcels, Molnar said they could create 18 without any density bonuses. Skibby asked the applicant, John Barton, to compare his development with the one off Logan Drive. Barton said that visually, it will have less impact than Logan Drive. They have made certain the building envelopes will not consume as much percentage. His home will be on a large lot, and because he has not decided on the location, the building envelope is 80% larger than the house will be. The private drive narrows as it goes back, so by the time it parallels Ditch Road, it will only be 12 feet wide. At this point, it will be meandering through the trees. Lorraine Whitten, 175 Church Street, said she is concerned that the buildings will be more than one story. Molnar stated Staff has somewhat modified its position on the length of the private driveway because if a shorter drive is required, deeper cuts would have to be made in order to get the grade. Lewis commented the revised plan seems more benign to the view. Molnar agreed because there will be little filling and cutting. Chambers inquired about the open space and the public right-of-way. Barton said the public will be granted an easement on the private drive to the trail. He added the path has been designed for the visual impact of the rock outcroppings. Whitten stated that visually, this is a major part of the Historic District. The hillside is eroding and changing the nature of the viewscape. Logan Drive was enough of an impact, and this will make a big change. She and her neighbors are concerned about water, electricity and more traffic. Barton retorted if that type of logic was held for the last 50 years, the 500 homes that have been built between Scenic and Main Street would not exist. The subdivision meets the Comp Plan requirements to promote urban development. He added that they could get 22 homes up there, but they have designed it so no home is within 85 feet of another one. Also, they are giving 1.7 acres to the City, which only leaves them six acres to work with. When Wood asked if all driveways and the road would be paved, Molnar said yes. Wood then questioned the curbs and gutters, stating he is concerned about runoff problems. Molnar explained how the storm sewers are proposed. Whitten repeated her concerns of traffic, drainage, sewer, water and erosion. Lewis reminded the Commission since the lots for the new homes are outside the Historic District, they will not be reviewed. Molnar said two and a half stories, or 35 feet would be the maximum. Also certain design standards could be a part of the CC&Rs, such as color Ashland Historic Commission Minutes August 4, 1993 Page 3 and height limit (step back requirements perhaps). Also, there may be a restriction on the percentage of the lot that can be disturbed during construction. Molnar said Staff is not recommending approval at this time because a lot of issues still need to be discussed at the Planning Commission meeting. All the criteria for approval has been met, but much will come out at the hearing. Chambers said although the open space is a great improvement, he is still aware of concerns and public input. Johnson said it is easy to mix up personal feelings on issues such as this. She personally does not like the subdivision, but the applicant has addressed the criteria, and no matter how hard it may be, the Commission needs to look at it in that light. Skibby agreed, but said it is also necessary to asses the impact on the Historic District. Chambers moved to pass this action to the Planning Commission without recommendation for denial or approval, however, with the recommendation the Commission pay specific attention to the following issues, which are of public and Historic Commission concern: 1) hillside development in particular is problematic and of growing concern in Ashland; 2) viewscape, as seem from the city center (especially street cuts), i.e. visual impact; 3) house design, "face" height, size, mass and color (should be covered in the CC&Rs); and 4) other concerns as expressed in the Staff Report. Hook seconded the motion and it passed unanimously. PA 93-100 Variance/Physical Constraints Review 201 Glenview Drive Mark Hill Molnar said this action is for the allowance of a driveway with a slope of 18%, rather than 15% as required, and a Physical Constraints Review because the slopes are 49% and it is located in a wildfire area. The Review Board signed off the Building Permit in May. This is a lot of record, created prior to the existing Land Use Ordinance. Essentially, it is unbuildable. The applicant has stated the circumstances are unique and unusual because the lot has been around for such a long time. A residential sprinkler system will be required from the Fire Department. Also, the owner will need to use hay bales during construction to secure the site. Hook said the house is visually broken up because of the two decks. Skibby remarked it is important to retain as much of the vegetation as possible. After lengthy discussion on the excessive slope of the land, Chambers moved to recommend denial of the Variance to the Planning Commission because it is against City ordinances to build on such a lot, it will be an extremely large house on a very steep hillside, and they are being asked to make an exception for a house that is not hillside friendly (i.e. it presents a massive down slope face). Wood seconded the motion and it passed with all voting aye except Hook, who voted nay. Ashland Historic Commission Minutes August 4, 1993 Page 4 PA 93-101 Conditional Use Permit and Site Review 477 Allison Street Janice Poehner and Milton Musser Molnar explained the applicants live in the existing house and want to build office space at the rear of the property for an accountant's office. The target use for the property is three units. The parking strip will utilize grass pavers or concrete. Preliminary approval was for the accountant office, not just general professional office approval. The applicants would like the office now, but if in the future they want a residence, it will be alright to convert it. Access will be totally off the alley. Skibby commented there will be no loss in the existing garage because it is very run down. The project seems to be of low impact, and since it will remain with the applicants, he feels comfortable with it. Hook questioned the configuration of the concrete parking strips. Milton Musser clarified the general idea of the concrete strips was in keeping the large tree in mind. His landscaper said the tree should not have irrigation in the area, but the roots need to breathe. Lewis asked if people would be able to walk from Allison Street back to the office. Janice Poehner said yes, the existing walkway runs along the side of the house and it will remain accessible. Both Musser and Poehner stated they would prefer the permission not be any more restrictive than need be. Some uses would generate higher traffic. The design of the building is not appropriate for many uses, since it will be designed as a 900 square foot two bedroom apartment. They would prefer to have as much freedom as possible. If they are not using it as their office, they would want to be able to rent it as an apartment or another office. Lewis said he likes the fact that conversion to residential use would be easy. Poehner clarified she is the accountant and her practice is specialized. Her clients are all over the state; most clients are not in Ashland. Most of her work takes place away from the clients, and she mostly uses the mail and UPS. She would prefer to have the approval for all options that would conform to the parking, etc. Chambers and Skibby said they would have a problem if the use were not limited to owner occupied. Lewis said it should be restricted to the use, not the owner. Hook moved to recommend approval of this application with the conditions recommended by Staff. Johnson seconded the motion. Hook, Johnson, and Lewis voted aye, while Chambers, Skibby and Wood voted nay. Chambers then moved to recommend approval with the condition the CUP be restricted to the applicant or for one accountant. Skibby seconded the motion. After a short discussion, Chambers withdrew the motion, then moved to recommend approval of the application as Ashland Historic Commission Minutes August 4, 1993 Page 5 r specified, with restriction limiting its use to two accountants. Hook seconded this motion and it was unanimously passed. PA 93-104 Minor Land Partition 108 and 115 Granite Street Carmel Barnthouse Molnar stated this request is for the approval of a Minor Land Partition that was approved in 1991, however it was never surveyed. There will be no changes in the two properties, other than separate ownership. Chambers moved and Hook seconded to recommend approval of this action to the Planning Commission. The motion passed unanimously. BUILDING PERMITS Permits reviewed by members of the Historic Commission and issued during the month of July follow: 350 High Street Jeff Young Addition 243 Fourth Street Crissy Barnett Addition/Remodel 145 Manzanita Street Jay and Carol Lunt Guest Cottage 70 Scenic Drive Dana and Robert Johnson Addition 265 North Main Street School District #5 Partial Reroof 87 Fourth Street Unitarian Center Kitchen Remodel 53 North Second Street Dom Provost Office Remodel 291 Gresham Street Steve Faro Demolition' 486 Allison Street Ann Bole Inn Sign 5 Granite Street Il Giardino Sign 374 East Main Street Garo's Java House and Cafe Sign Patricia Sprague R/E 44 Church Street Sign Demolished without a permit - not approved by Review Board REVIEW BOARD Following is the schedule (until the next meeting) for the Review Board, which meets every Thursday at least from 3:00 to 3:30 p.m. in the Planning Department: August 5 Skibby, Hook and Wood August 12 Hook, Chambers, Johnson and Skibby August 19 Hook, Johnson and Skibby August 26 Lewis, Wood and Skibby September 2 Lewis and Skibby Ashland Historic Commission Minutes August 4, 1993 Page 6 OLD BUSINESS Goals The Commission will move forward as much as possible with the goals it adopted on July 19th. (Hook moved and Johnson seconded to extend the meeting past 10:30 p.m. The motion passed unanimously.) Relocation of Community Development The Commission expressed its concern about the proposed move of Community Development from the Downtown City Hall, as it helps make up the core of City Hall. The location of this department is critical to the downtown area of the City. Because the new location is outside the Historic District the Historic Commission will not have the chance to publicly comment. Therefore, a letter will be written and directed to the City Council. NEW BUSINESS There was no new business. ADJOURNMENT With a motion by Hook and second by Johnson, it was the unanimous decision of the Commission to adjourn the meeting at 10:45 p.m. Ashland Historic Commission Minutes August 4, 1993 Page 7 f ((y 1 C I T Y O F A S H LA N D � C I T Y H A L L telephone ASHLAND, (Code 5 3) 4823211 TO:'' Honorable Mayor and City Council FROM: Al Williams , Director of Electric Utilities SUBJECT: Electric Department Activities for JULY 1993 THE FOLLOWING IS A CONDENSED REPORT OF THE ELECTRICAL DEPARTMENT ACTIVITIES FOR JULY 1993 . INSTALLED 3 NEW UNDERGROUND SERVICES AND 3 ALTERED SERVICES . INSTALLED 480 FEET OF CONDUIT AND 14 , 145 FEET OF CONDUCTOR . 3 TRANSFORMERS WERE INSTALLED FOR A TOTAL OF 535 • KVA AND I. N.-_S REMOVED FOR A NET GAIN OF 235 KVA ON THE SYSTEM. RESPONDED TO 102 REQUESTS FOR CABLE LOCATES . HAD 382 CONNECT ORDERS AND 272 DISCONNECTS FORA TOTAL OF G54 . THERE WERE 438 DELINQUENT ACCOUNT NOTICES WORKED AND 102 DELINQUENT ACCOUNTS WERE DISCONNECTED. FOUR 45 ' POLES WERE CHANGED OUT IN CONJUNCTION WITH OUR POLE REPLACEMENT PROGRAM AND TWO 30 ' POLES, TEN 45 ' POLES AND ONE 50 ' POLE WERE INSTALLED UNDER NEW CONSTRUCTION . 6 STREET LIGHTS WERE REPAIRED AND 1 STREET LIGHT WAS INSTALLED IN THE SYSTEM. EMPLOYEES ATTENDED MONTHLY SAFETY MEETING. MONTHLY EMF READINGS WERE TAKEN . ` O8/�(}/�993 C3MRUNITY SE�;ICE VOLUNT�E�S ��MM��� MO�T�LY REPORT ^ FOR J�LY , 1��3 VOL�NTEE�� ACTIVITY 3S NU�BER DAYG HOU�S ** /�AR� RETIRED EKECUTIVE ** Subtotal �* 4 1� ** �LOCK HO�1E �ROGRA� 4 � 7RE[�3L'R[ CLI�lC � 3 *� 3ubtoLal �� 2 4 4 1O ** CHAMBER OF C3MMERCE ** Subtotal ** 8 28 �* C[}URT OFFICE 21 112 ** CVS OFFICE ** Subtutal ** 26 84 CDURIE� 15 34 ** FORE�SIC Sv�t�t�l ** 2 4 ` ** F�IE�DLY VISITOR ** Subtotal ** 2 4 *� HOS�ITAL *� Subtotal ** � 3 ^ ^ ~ �AGE NO, 2- 08/20/1993 COMMUNITY SERVICE YCLL}ATEERS ' SUMMARY MONTHLY REPORT ^ FOR JULY, 1993 VOLUNT[ER ACTIVITY s3 NUMBER pAYs HOURS WD��ED WORKE� it INFORMATION BOUTH ** Subtotal ** it 42 ` A it lNTERFAITH C0RE COmm. *1 Subtotal ** 1 3 *0 LIBRARY, PUBLIC , A* Subtotal *I: 17 56 ** LOWES AND FISHES *� Subtutal ** 67 146 ** MAIL COURIER ** Subtotal ** 51 1O2 *� 1�1USEi/��/�DCEAN/ARC;�;ES it 3ubtotal ** 1 5 to OKGUDSmAJ s * Subtotal ** 9 18 ** QUILTINf:� *x Subtotal �* ** RECYCLE ACTIVITIES *� Subtotal ** 2 4 *4 RESPITE PROGROM ** suowotal ** 2 6 ** SENIOR PROGRAM OFFICE *k Subtotal ** 26 10� ** SHAKESPEAREAN FESTIVAL ** Subtotal ** 12 31 � O8�20/1993 COMMUNIT� 3ERVICE VOLUNT�ERS ' SUMMARy M�NTHLY REPORT FGR JULY , 1993 VOLUNTE�R ACTIVITY SS N�MGER DAYS HOUR3 �JR�ED W[��KED ** SHOPPER (NURSl�� HOME} ** Subtotal ** 7 14 �* TRANSPOR�ATION DRIVER �� Subtotal ** 4 9 �� ;ACATICN |�O�SE PAT�OL 19 5� ** ��ATERSHED PATROL ** Subtotal ** 102 3O3 433 1279 ' August 30, 1993 M E M O R A N D U M TO: Honorable Mayor & City Council FROM: Brian L. Almquist, City Administrator SUBJECT: Monthly Report - August 1993 The following is a report of my principal activities for the past month, and a status report on the various City projects and Council goals for 1993-94 . I. PRINCIPAL ACTIVITIES: 1. The first week I was enjoying myself thoroughly while on vacation in France. 2 . Met with Water Superintendent Dennis Barnts to review all options for solving odor problems at wastewater treatment plant. 3 . Met with property owners of NW corner of Ashland Street - and Morton Street regarding their concerns . about runaway vehicles coming off upper Morton. Suggested they pursue this through Traffic Safety Commission. 4 . Met with Ken Mickelson regarding City Council agenda item concerning proposed Letter of Understanding with John Billings on lease of property for municipal golf course. 5. Met with Midge Theirolf regarding preparation of landscape plan for building addition. 6. Met with architect Gary Afseth on two occasions to discuss details of construction plans for office addition at Civic Center. 7 . Met with Pete Belecastro of Ashland Cable Access to discuss issues for upcoming retreat for Cable Commission. 8 . Met with Councillor Winthrop and Steve Hall regarding status of Wetlands Study. 1 9 . Met with representatives of French Sister City committee to review recent visit to Sarlat. 10. Met with Simon Kechloian, a property owner adjacent to the Billings property, concerning his request to be included in any expansion of the UGB. Explained that this was not possible due to LCDC goals and guidelines. 11. Met with Lou Benjamin of WP Gas regarding some right of way problems with their N.Mountain pressure reducing station and its effect on the future substation/Park development. 12 . Met with Steve Groveman of Youthworks regarding their plans for facilities and programs for the Ashland Teen Center. 13 . Attended monthly breakfast meeting of the Chamber Board of Directors. 14 . Participated in Ashland Town Hall program on Cable Access with Councillor Susan Reid and Parks Director Ken Mickelson. 15 . Met with Mary Smelzer of USFS and Steve Hall to review National Weather Service plans for new radar dome atop Mt. Ashland. 16 . Met with Councillor Winthrop and Steve Hall to discuss methods of funding odor mitigation measures at WWTP. 17 . Attended all day retreat of Ashland Cable Access Commission to discuss future plans for three new channels and other issues. 18. Met with developers of possible new hydro project below Greensprings 'power plant to discuss their proposals for City involvement and possible BPA exchange agreement. They are to- do an analysis of how this could be of economic benefit to the City. 19 .. Participated in one hour call-in show on KSOR with Curtis Hayden of the Sneak Preview, and incoming Chamber President Jac Nichols regarding several current City issues. 20 . Met with Chamber Director Sandra Slattery to discuss . plans for Christmas activities and the "Festival of Lights" . STATUS OF VARIOUS CITY PROJECTS: 1 . Electric Substation. BPA released its EA, identifying its preferred alternative as the Hodgins property at Mountain and Hersey. The field work on the Level II environmental studies did not reveal any pollution problems on site. The public comment 2 period on the FONSI will be open for two additional weeks. BPA surveyors were in Ashland last week to complete their property survey. A land appraisal has also been completed but I have not received an offer to purchase as of this date. I believe the amount will be around $150, 000. 2 . Downtown Project. Completed. 3 . Northwest Water Project. Construction on the reservoir on Hitt Road is progressing rapidly. Contractors have completed pouring of the perimeter walls, roof and supporting columns. Completion is still expected by the end of the year. 4 . Open Space Program. Curtis Hayden of the "Sneak Preview" and merchant Richard Hansen were successful in their petition drive.to ask the voters to repeal their previous decision. If the voters were to repeal the 1% for parks, we would have to find some of paying for the Hodgins property which we have purchased, and would be required to levy the assessments on the Railroad Park. The Council has voted to place a competing measure on the ballot on August 17 to reduce the tax to 1% if the statewide sales tax passes in November. 5 . Digester Roof. Completed. 6 . Tolman Traffic Signal. Completed. 7 . Wetlands Study. Councillor Winthrop and Steve Hall met with our consultants in Eugene to the remaining issues and to finalize the recommendations in the report. The DEQ has will be facilitating a basinwide solution once the City commits itself to an option acceptable to DEQ. A meeting with State officials has been scheduled for late September. 8 . Forest Fire Management Project. Parks has completed its work for this year. Additional work' is scheduled for next Winter which will complete the recommended project list from McCormick and Associates. Following completion, 'the park land will be . dedicated to the Parks Commission for maintainance. 9 . Capital Improvement Plan. The draft plan was reviewed in study session in January. Copies have been placed in all the libraries and I am making myself available to speak to groups about the plan. We should probably place this on the Council agenda soon for adoption. 10 . Office Addition at Civic Center. Working drawings and specifications have been completed, and we are scheduled to present a site review to the Planning Commission at their October meeting. 3 III. STATUS OF COUNCIL GOALS: 1 . Amend the Fair Housing Ordinance. Completed on May 18 . 2 . Modify all municipal buildings to make them fully handicapped accessible. Study of all facilities to be completed by the Building Official later this Summer. We are investigating the costs of a wheelchair lift at City Hall. 3 . Deal more effectively with public/media issues. The City Council agreed to become more active in writing guest editorials and in responding to letters to the editor during the coming year. Two guest columns were recently published which were writen by Councillors Laws and Acklin. 4 . Review personnel policy effectiveness. The Council directed a review of our present employee evaluation process, training, and overall personnel policies. A committee of middle management personnel has been reviewing the last issue; and I hope to report to the Council on this early in the Fall. 5 . Give consideration to affordable housing policies whenever other growth management or utility policies are changed. There has been no proposal to date which relates to this goal. The Water and Sewer rate studies this Fall do realate to this goal . I will continue to monitor. 6. Take a proactive role in opposing proposals to upzone secondary lands adjacent to the city's Urban Growth Boundary. Planning Director McLaughlin and Mayor Golden have written a joint letter to the County expressing our views. Both have appeared at the Ashland area hearings to reiterate our opposition, particularly in the interface areas. The County's latest proposal seems to add only three new parcels. Brian L. Almquist City Administrat BA: ba 4 aD OF �SC�C � QCttPE �CXtttEkY 1175 E. MAIN ST. ASHLAND, OREGON 97520 Phone(503)482-5211 .0 0 Z A g7ME August 30, 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 ROBERT AND FEATHER BRODEUR dba/ANDRE'S RESTAURANT for a CHANGE OF OWNERSHIP LIQUOR license, for an ESTABLISHMENT located at 1209 Siskiyou Blvd. , Ashland. A background investigation has been completed on the applicant and approval of this application is recommended. GARY E. BROWN CHIEF F POLICE i � MC:kmh h¢ OF '✓ �9F0 1175 E. MAIN ST. ASHLAND, OREGON 97520 Phone(503)482-5211 a V1 , \I: :0�^ �'.: Z oFpe Nti �z AR TO E September 1, 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 CAROLE AND ROBERT SCHAUDT dba/ 1ST STREET BISTRO for a LIQUOR license, for an ESTABLISHMENT located at #15 NORTH FIRST STREET, ASHLAND. A background investigation has been completed on the applicant and approval of this application is recommended. GARY E. BROWN CHIEF F POLICE MC:kmh Cg1x� oltcePttrtez�# Pao o` 1175 E. MAIN ST. ASHLAND, OREGON 97520 Phone(503)482-5211 i0m N Z O 'esc t FAA RTMEa rz August 26, 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 NANCY AND CHESTER CHAN, AND ONA WILLIAMS dba/GOLDEN DYNASTY RESTAURANT for a LIQUOR license, for an ESTABLISHMENT located at 1415 SISKIYOU BOULEVARD. A background investigation has been completed on the applicant and approval of this application is recommended. :i GARY E. ROWN CHIEF �Cg POLICE MC:kmh STATE OF OREGON Return.To: APPLICATION OREGON LIQUOR CONTROL COMMISSION GENERAL INFORMATION A non-refundable processing fee is assessed when you submit this completed form to the Commission(except for Druggist and Health Care Facility Licenses).The filing of Nis application does not commit the Commission to the granting of the license for which you are applying nor does It permit you to operate the business named below. (THIS SPACE IS FOR OLCC OFFICE USE) (THIS SPACE IS FOR CITY OR COUNTY USE) Application is being made for: NOTICE TO CITIES AND COUNTIES:Do not consider this applica- ❑ DISPENSER, CLASS A ❑ Add Partner lion unless it has been stamped and signedat the left by an OLCC ❑ DISPENSER, CLASS B ❑ Additional Privilege representative. ❑ DISPENSER, CLASS C ❑ Change Location THE CITY COUNCIL, COUNTY COMMISSION, OR COUNTY ❑ PACKAGE STORE '❑ Change Ownership X RESTAURANT ❑ Change of Privilege COURTOF ❑ RETAIL MALT BEVERAGE ❑ Greater Privilege (Name of Cay or county) ❑ SEASONAL DISPENSER ❑ Lesser Privilege El RECOMMENDS THAT THIS LICENSE BE: GRANTED WHOLESALE MALT New Outlet , BEVERAGE 8 WINE ❑ Other ❑ WINERY DENIED OTHER: DATE e G)el v 5a.(o o 9l,Zl°13 BY / '' (Sigrlelure) 7 /LG'�C(�! 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: 1J Chester � , CF�an 2) �0.( i:V S , C.Har 3) 4) 5) 5) (EACH PERSON USTED ABOVE MUST FILE AN INDIVIDUAL HISTORY AND A FINANCIAL STATEMENT) 2. Present Trade Name �O_ �dr(1Q 5�-V NStQ(,C.rc2Nl� I 3. New Trade Name Year filed (��} ^^l(h�CorporahonpCommissiorie 4. Premises address �� 'S SISkIVOL( B�Jd_. f1511I CLYl11 JcLC'`SOY\ Vh ')-f 520 (Number.Street,Runl R mel nn (City) AA`` (County) (state) (LP) 5. Business mailing address )y(S 515kt�OU V}JC� AAI<XK �%(� 81620 (P.O.Box,Number,Btreel,Rural RoWe) (City) (State) (Zip) S. Was premises previously licensed by OLCC? Yes_ No Year 7. If yes,to whom: Type of license: B. Will you have a manager: Yes X No Name �t1A y1'11�1CA,MS (Money.,must fin out Individual Hialoy) 9. Will anyone else not signing)his application share in the ownership or receive a percentage of profits or bonus from the business? Yes_ No ' 10. What is the local governing body where your premises is located? N5,Wr lA \ (Name of City or County) 11. OLCC representative making investigation may contact L�PS � K . CI't2Y1 as S%skt1(old El yU As4�1,.,t 0? 91520 So, 'IP(� tiG}� g ''i O -L uSiO2S.i (Mdrass) 1 (Tel.No.—Mme,buf it eaa,message) CAUTION: The Administrator of the Oregon Liquor Control Commission must be notified if you are contacted by anybody offering to influence the Commission on your behalf. DATE J­ G_7 Applicant(s) Signature 1) e� (In case of corporation,duly authorized officer thereof) 2) YI-Z 3) 4) 5) Original- ' Local Government S) Form 84515-480 (3.90) CITY OF ASHLAND° CITY HALL t � ASHLAND,OREGON 97520 telephone(code 503)x92-3211 September 1, 1993 Q(-93 gP5 D Tom Howser, Attorney Howser and Munsell, P.C. Attorneys at Law 607 Siskiyou Boulevard P.O. Box 640 Ashland, OR 97520 In response to a telephone call on Tuesday, August 31, 1993 , to City Hall from Rebecca Steele, , I am hereby granting you permission to serve as the City of Ashland's pro-tem judge on Saturday, September 4 , 1993 , for this one day only, for the purpose of performing Ms. Steele's wedding ceremony. Sincerely, Catherine Golden Mayor of Ashland cc: Paul Nolte Brian Almquist Allen Drescher Phil Arnold (S;�SdI11N1e1W3CI17.IV� C I T Y O F A S H L A N D ( , C I T Y H A L L AV • ASHLAND,OREGON 97520 telephone(code 503)482-3211 September 1, 1993 RED Tom Howser, Attorney Howser and Munsell, P.C. Attorneys at Law 607 Siskiyou Boulevard P.O. Box 640 Ashland, OR 97520 I spoke with Councilor Phil Arnold on Monday about a pro tem appointment for you to serve as municipal judge in order for you to perform a wedding ceremony on Saturday, September 4 , 1993 . I pointed out to Phil that our city ordinance requires appointments for pro tem judge to be made by the mayor and confirmed by council. I have since learned that the mayor has in the past, as a courtesy to a few who have requested it, made one-day appointments for the purpose of performing marriages without council confirmation. The mayor has made such an appointment for you, and in order to comply with the city's ordinances, I will present the appointment to the council on Tuesday, September 7, 1993 , for ratification. kte City Attorney cc: Mayor Golden Brian Almquist Allen Drescher Phil Arnold (x:(adm in�mmttll.ltr) Of ASN4y �REGO September 3, 1993 Honorable Mayor and City Council rum: Steve Hall, P.E., Director of Public Works �1t�IjECf: Immediate Funding of Odor Control Projects at Wastewater Treatment Plant At the last City Council meeting, staff presented a summary of Brown and Caldwell's odor control options. The Council'directed staff to bring back a report on implementing the following: I. Aerobic Digester.This accounts for approximately 70% of the odor problem. Cost is estimated at $110,000 and would take about 3 months to complete. This project involves modifications to the decant system so that the mixing system can remain in operation during the decant operation. Funding: Our insurance consultants have completed a first draft of a report allocating resources within the insurance services fund. It is their preliminary conclusion that based on their risk analysis, about$200,000 could be transferred back to the operating department or to the General Fund. The Council can legally use this resource to fund this odor control project. 2. Sludge Thickener.The purchase of a trailer-mounted sludge thickening unit would forestall having to store large quantities of sludge onsite, thereby reducing the production of odors. The reduced volume of sludge for such a unit can then be treated effectively with quicklime to reduce odors. The cost of this unit is estimated at$80,000. It would take about 3 months to bid and fabricate the equipment. Funding: Since this unit is a mobile, trailer-mounted system m, it is recommended that the purchase be made from the Equipment Fund. This would mean that we would utilize the operating contingency, but this should not create any severe problems within the fund. The 1994-95 rental rates to the Sewer Fund would be increased to begin a replacement reserve for the new unit. 3. Anaerobic Digester. We have now srxocssfrdly removed nearly all the liquid sludge from this unit Rather than have City workers manually reanove the remaining grit and granite, it is recommended that a contractor be hired to remove this material with an eductor system. Our personnel would need to accomplish the removal manually over a period of about two weeks, which could also produce some additional odors. The eductor method would only take two(2)days and would produce virtually no additional odors. G t I Funding: Cost of this contracted operation has been quoted at $18,500. These funds would need to be expended from the Sewer Fund. We may then have to delay one or more line replacement projects until 1994-95. 4. Additional Fields for Sludge Disposal. We were able to rent an additional sludge truck after the last Council meeting and have been operating both trucks 12 hours per day. As a result, we are back to normal in terms of sludge handling. We are returning to one truck beginning next week. We are still having problems getting DEQ approval of new sites for sludge disposal. I will be giving the Council an oral report on our progress at the upcoming Council meeting. SMH:m\Scwwcr\OdorCntl.m= 'pF AS/f,` - '% '- ° . � E1ttoYMn � uttt �REGO •. September 2, 1993 �0. Council Members and Department Heads rum: Raoul Maddox, City Band Director lI�tjPCf: Ashland City Band Trip to Guanajuato For the fast time in more than a century of its history, the Ashland City Band plans to perform outside the local Ashland area. During the past quarter of a century, the City of Ashland has participated in the International Sister City Program by working with Guanajuato, Mexico (capital of the State of Guanajuato and the "cradle of independence" from Spain). Guanajuato and Ashland have many similarities that are quite striking and most appropriate for sister cities, e.g. unusual and beautiful settings,very active universities,Shakespeare/Cervantes Festivals, and populations very interested in cultural activities such as music, performing groups, many galleries, and museums! For many years, our City band has performed special music to honor visiting dignitaries from Guanajuato at our 4th of July concerts. Last year, the Mayor of Guanajt140 was impressed with the size and quality of the Ashland City Band and extended an invitation to the band to perform during the San Juan Fiesta in Guanajuato to be held June 17-21, 1994. The band has been busy with fund-raising activities this summer to cover airfares for this trip. There will be ongoing activities towards meeting this goal throughout the coming months. Band members will pay all of their personal expenses. Spouses and other accompanying citizens will pay all of their own transportation and personal expenses. There will be some extra seats available for members or representatives of service clubs, professional organizations, state or local governments, educators or other townspeople who have wanted to visit our sister city. I world like to extend an invitation to you to accompany the band to Guanajuato for this festive occasion as an Ashland city official. If you are interested, you should contact Pat Acklin at 482-2040, Marvin Belford at 482-8309, or David Hoxie at 482-6713. The allocation of seats will be on a first come/first served basis. A non-refundable deposit of$150.00 will be required to reserve your seat. RM:nn\SistcrCi\Ba"dTrip.mem P.S.from Pat AcUn.• 7hir is an exciting opportunity to send a large 6y delegation to Guanajuato. I plan to go with my family. Won't you join. us? LEAGUE OF OREGON CITIES 1993 ANNUAL CONFERENCE AND BUSINESS MEETING Designation of Voting Delegate At Annual Business Meeting The annual business meeting will be held Monday, November 8, at 7:30 am. Each city is entitled to cast one vote at the business meeting; all city officials are encouraged to attend. Use this form to indicate those persons who will represent your city as a voting delegate and alternate delegate. The voting delegate or aftemate should pick up a voting card at the Conference Registration Desk on Monday morning prior to the business meeting. NOTE: Delegates may not vote without a voting card, and voting cards will be issued only to a person indicated on this form. Voting by proxy will not be permitted. VOTING DELEGATE Name Title ALTERNATE Name Title Submitted by: (Signature) Name (Print) Title City Telephone Return by October 20 to: League of Oregon Cities P.O. Box 928 Salem, OR 97308 Memorandum ' .GREG,, ,. September 2, 1993 �n- City Council Members WraV_m: Mayor Catherine Golden 1I� jPC#- Approval of Appointment Jane Dancer recently resigned from the Historic Commission. I would like to appoint Chloe Winston getter of application attached)to fill this vacancy for a term expiring April 30, 1994. This position has been advertised. Your approval of this appointment will be very appreciated. CMG:nu\Cmmn\Historic\N'inston.navn - : U ey ',� � zlo 11,57,ZZ�d led 9 t i e r;tr 1 CHLOE M. WINSTON 5505 W. TULARE#410 Visalia, California 93277 (209) 733-3084 EDUCATIONAL BACKGROUND: B.A. Marylhurst College Major: History& English Minor:Journalism M.S. .. Idaho State University Major: Guidance & Counseling College honors: Student Body President Yearbook editor Newspaper editor Other: California State University,Fresno Pupil Personnel Cred. Fresno Pacific College Administrative Cred. K-14 Coe Foundation Fellowship History/English Professional qualifications/experiences: Served on many accreditation teams Group presentor:National School Boards Conference Trained in clinical supervision (teaching and evaluation) Re-worked district student policy manual Works on 8th grade transition ACSA regional charter board member ACSA regional representative Education committee, Tulare Chamber of Commerce Environment committee, Soroptimist International SAT coach-coordinator Equal Opportunity in Classroom coordinator( TESA) District committees District selection committees for hiring aides, principal Began several morale building programs for teachers Scioon counselor coordinator for 8 elementary districts Junior college teacher the past two years Professional writer Member: National Assn. of Secondary Sch. Principals, NEA life member, ACSA member,ASCD. Personal Strengths: Excellent listening skills Good organizational skills Empathy for students, teachers Sees importance of morale factor for school as a whole Believes in high expectations for teachers and students Believes the classroom is the main focus of the school Believes every student can learn and should learn Agrees with EFFECTIVE SCHOOLS proposals/statemens Notice is herebygiventhata PUBLIC HEARING on . the ollowin re uestwith respect to the ASHLAND and pof'"°application,avdoclefori impaction at no costanp willbeeapdicant � g 9 P apPllobbalteriaaroanilabbf orinspectlonatn000s tandwillbeproMdedat LAND USE ORDINANCE will be held before the' reasonable cosC if requested. A copy of the soft report will be available for ASHLAND CITY COUNCILonthe7thDAYOF Impaction sted. AJImaeriiormthehbleatt eAshlandPlan ingDeasonabbc City H requested. All materials are available at the Ashland Planning DepartnenC t7ty SEPTEMBER, 1993 AT 7:30 P.M. at the Hall,20 East Main.Ashland.OR 97520. ASHLAND CIVIC CENTER, 1175 East Main During the Public Hearing.the Mayor shall allow testimony from the applicant and Street, Ashland, Oregon. those in attendance concerning this request The Mayorshall have the right to limit de length of testimony and require that comments be restrkroed to the applicable criteria. The ordinance criteria applicable to this application am on the reverseof this notice. Oregon law states that failure to raise an objection concerning this application, Nyou have any queations or comments concerning this request,please fed free to disbar in person or by letter.orf ailure to provide suffident specificity to afford the contscaSusan Yates atthe Ashland Planning Deparonen4 City Hall.at 488-5305. maker aker an opportunity to respond o the issue,precludes your right of appeal to the Land Use Board of Appeals(CUBA)on that issue. failure to specify which ordinance criterion the objection is based on also precludes your right of a eal o CUBA on that viterion. RAtII E ,CAMleRIOGE ry . R 3 ; cans 8 – tt�tr eaER –_• °—�.. I At R JECT E ° l00 N s E t MNLt N�a rt let H'RSEr )W / 1`�.4RCIN6 1 w V1 / w � 6 or i / S 7 Jr PJALI__P� (! / 15 i - Q 4 13 3 1 2 17 7 26 25 2Y 23 2A 21 AO 19 18 PLANNING ACTION 93-067 is a request for an extension of a previously approved Site Review for a 26-unit condominium complex located at 284 Hersey Street. Comprehensive Plan Designation: Multi-Family Residential, High Density; Zoning: R- 3; Assessor's Map #: 4CB; Tax Lot: 2303. APPLICANT: Albert Teitelbaum K "r T po' 1 � ® n y O i Irk a• g Ae PA -b� fly g .00-OZI a a'1,B0.44Z y 9ID tc a 9- � � b iii '!�> 0 � 1 �.. °jh°'•t 14 o* ASsi wl Emorandum OREGON . September 3, 1993 0: Honorable Mayor and Council (29 rom John McLaughlin, Planning Direc r<� 1l�tjPt : PA 93-067 - 26-Unit Condominium, Albert Teitelbaum At the Council meeting where this was last heard, the Council requested that the applicant redesign the layout of the condominium complex to re-located one or two units up on Hersey Street to maintain the streetscape, and to increase the setback along one of the side property lines. Mr. Teitelbaum has submitted a revised plan indicating the changes. Unit 14 has been relocated up to the Hersey Street frontage, and the entrance has been moved slightly. This has moved the area of parking that was abutting Hersey Street back farther in the project, and has replaced it with a structure. The new unit will have its primary orientation toward Hersey, with a small porch off of the front of the unit. The applicant has also complied with all requirements of the Ashland Fire Department, as outlined in their previous memo.' Staff feels that this design complies with our concerns, and we recommend approval with the following conditions: 1) That all proposals of the applicant be conditions of approval unless otherwise modified here. 2) That the requirements of the Ashland Fire Department be complied with, including the installation of an automatic residential fire sprinkler system in each unit. 3) That a storm drainage plan for parking.area be reviewed and approved by the City Engineering Division prior to issuance of a building permit. 4) That a water line and meter plan for City water service be approved by the superintendent of the Ashland Sewer and Water Department prior to issuance of a building permit. Each unit shall have a separate water service. 5) That a sewer line plan be approved by the superintendent of the Ashland Sewer and . Water Department prior to issuance of a building permit. Each unit shall have a separate sewer service. 6) That a revised landscaping plan indicating the layout of the irrigation system be submitted for review and approval by the Staff Advisor prior to the issuance of a certificate of occupancy. Revised plan to include evergreens planted between the units and the parking area (to reduce the glare from headlights and help to break up the building facade), large canopy shade trees located along the.west side of the parking lot and additional conifers situated at the rear by the railroad tracks to provide screening year round. Revised plan to also include additional trees along the revised entryway, near the sidewalk area. Plans to be reviewed and approved by the Staff Advisor prior to installation and issuance of certificate of occupancy for the units. 7) That 26 sheltered bicycle spaces be installed to the standards outlined in 18.92.040 (1) prior to the issuance of a certificate of occupancy. 8) That a berm or sound wall (minimum 2" solid wood or equivalent) be constructed along property line abutting the railroad tracks, blocking the line of site from the first floor of the units to the rails to a height of 6'10" above finished floor level. Also that the second story portion of the structures be designed such that the interior noise levels do not exceed 45 dBA during the passage of an average train. 9) That a recycling area be provided for the residents of the development. 10) That the parking area be paved, striped and wheel stops installed prior to the issuance of certificate of occupancy. 11) That the landscaping be installed as per the approved plan prior to issuance of a certificate of occupancy. 12) That all trash receptacles be screened by site obscuring fencing material. 13) That a blanket easement on the property for electric utilities be provided. Easement to be provided in buildings for wiring. Owner responsible for excavating, backfilling, compaction, providing protection for transformer and installation of pull boxes. Transformer location to be approved by the City Electric Department. 14) That the parking area be adequately screened by a 6' high solid wood fence. Screening to be installed along the eastern side of the parking area. Also, that a 3'-6" solid wood fence be installed along the south side of the first two compact spaces at-the entrance to the development. 15) That a 4' wide concrete walkway be provided from Hersey Street to the entrance of all units. 16) That the relocation of the irrigation ditch be done.to the approval of the Watermaster and the Director of Public Works and that a public utility easement to be granted along the new route of the relocated irrigation line. • 17) That a sidewalk be installed along the Hersey Street frontage prior to the issuance of a certificate of occupancy. 18) That the applicant enter into an agreement with the City of Ashland guaranteeing that 25 percent of the residential units are affordable for moderate income persons in accord with the standards established by resolution of the Ashland City Council through procedures contained in such resolution. The City of Ashland will prepare the agreement to be signed prior to the issuance of a building permit. 19) That all residential units in the development comply with the Conservation Housing density bonus requirements referred to under section 18.88.040 B. 20) That color samples for all units be included at the time of a building permit, to be reviewed and approved by the Staff Advisor. • Auquct 4, 1903 Daily Tidings Ashland, OR 97520 It is no wonder the American people are getting fed up with representation. Last night, Aug. 3, 1 watched a perfect example, a portion of the city council meeting on TV. It seems the word of the council is only as good as the month in which it is given. It seems that an individual, I believe his name is Tidebaum, has been working on a 26 or 27.unit, low cost housing, condominium project since 1988. Over a year ago he got approval from the city council to proceed with the project. He apparently had bent over backwards to comply with all of the changes that the planning commission had requested. After receiving approval he began his long journey through the financing process, and didn't get this completed in time, as alloted by the city ordinance, to proceed with actual construction. It is my understanding that he requested an extension from the planning commission, which was denied because an ordinance had changed. This he apparently appealed to the city council, thus the dog and pony show of last night. This council, it its omnipotent action, is now requiring somemore changes in the layout of the project, which they approved last year, and have delayed the project even further. His lender will not finance the project until it has final city approval and, as fast as this council moves, will probably increase his interest rate, not to mention his cost of construction. This project has already cost in excess of$44,000 a not one nail has been driven. How much money has already been wasted by the city, in having this project delayed? The planning department, I am sure, has gotten involved which has meant staff expenses. When the revised plans are submitted, additional staff expenses will be required. Why can't the powers4o-be honor their word? This project could be partially finished by now and on the tax rolls by years end, except for the egos of the city council. I would bet money that whoever wants the new city building didn't have to jump through the number of hoops required of Mr. Tidebaum, they probably filled out a requisition slip. One other topic for discussion last night was the odors caused by the sewerage treatment plant. All that was heard were excuse: "we are dealing with 20 year old technology", "we had too much rain°, "we don't have enough trucks" and "we had to repair a roof". Can you guess what the city council did? They put off doing anything until they can look at figures for upgrading the system or some other action. TAKE THE MONEY FOR THE NEW CITY OFFICE BUILDING AND GET THE THING FIXED. You would think the council should have required the information to be available at this meeting. 1 guess if you put something off long enough and have enough studies and reports and a problem does occur it can be blamed on someone or something else. It seems that the only time anything gets done is when it is for a special pet project, or the council is under order from some higher authority. Delays in action always costs someone money and it usually the taxpayer. (� Barry Woods � 600 Scenic Dr. Ashland, ORu —' 488-0416 1 cc: city council iO �odi i��,A !It% in Ent PaTing -jlq.;J(; tqbr,?Yv on ,i "O 11";11.103 Vol Mt 41 410MOCI !,. -9!qlTl8K9 00t);I(I 6 1 ;.)tiA ci,, :-! It •i11'x:,J ni ,ilfior!l xt! as hoop myn ei iby, mi it 'r. j" •,,r.. it 1n !0 !10 prilho n m mil n luau AT A mov &I (is jarb 7,mq to ii fr..-a !x-,jr,iq m. wv--hrlo,-, jimi of iov fvt•2 ; otA 'fli -1Dt)jo'4 C1 -.41ij ltto:! yh N, U 4hw %Aqmon YVI'lluvi pf"d; eid u, 'ofc;iq :)41i., r."lijl I ifl, 1!';'.t !(z, ritm l,)nsnibio ynn grit yd beer -or sav m halolqrnm x1MI Wp CiAmb 'I to 'zin pnii: lolk4 OrIt ricil f;. 1`111 KBOUPW; Of! 11SM y117' -:; ; " U1 r vVinomqu, sm; vdT rmpnsQ bal vi :•ivuboQ n(i 98us--)9d zfiw ft,-Ow JUSM prif im ZOP116113 Pnh;UP91 WQG smodau Inywairl;ric �'h a ,-•! ! : ! tno,,; nd! Wo. :-!•4' ^;"'r! hn"' 1r:.� '4 ,-! '1,1 ;.' 11, :lu; :ij -0 "L. .1:1:6 Mvol'44u VIIJ {:.flit It -il to aril :on 4txp to -I,:i1q!" .,j !o•jj J"v"b nssa -:cmi grit.- ion 2, CK;kjj-i%� ic. vhi .Msb InIm! Of pnmd ot Vd n"'coc' ybcrtk er-'ri. Y.--mtrr riasrrl WoH :U010(pq OR 10 11366, i-noloW ami ..*;jiu, mc i fn9mJil:-.,(ub P.iijorwlq v!' -A itiotmoo P.i4;1ri'ocjv•• 4,:t;• m -MAw hroUrvils nor onsIq henbal Ut PIKA, ✓J b- oh,.-i ;,- :'LJOW INAN •-kal 06 W-clstorvo,'� ');i? . '-:Vv Vi -Mm I:-,d hmo-,v i Aompa vba odl to e"C-1' tol br1O jwP*� yd .k Cl 'H "'; locic, :."tw wi 10 13dans; rd rWown, var"q of . 0 W1 IMS-0d In xon 01 wim;t smAw Mj two no0witipt,; ; liio b-)ii;; dQiQ vw.4. muf;&)1V'r W to boiitjp='i 1:101m vatic is SSW IfIc!:1 t;;;1 r;,;. • :{ ;,;4 J1'4\.* 1<_1;11- VP001}dWa WC WSY t, m 01114 AG AK MUDXs bjsc,ori z:Lwv tudi 11A mriiq fnemt:-.-;d ?E: .! . -x z imqyi rol borl —a" bnq r' Jr -avc�l f', o)b ow" "nim rimm oat SO m", m ji, ✓ .-oi nc-) ,,sm ii.!!u pniiijym; pnii.•o to 1uq ymT Ortiv uanuco:1 A-1 .,:iT Jodw '17P W730 KHT 001 '00 44 00 . AAT 54111 -Inm 1(' -rieteYe 9-11,ii OIL'mie orb Aow- ij%. r " :a1i 1 --)i "iHT :�Hi _jc) GOA ren(,i ;to njjori!,imop hil ooy j! onqjld I k,v-, of m5if-irnl.-Ani mi! pnovan NMI Ic 4(ir J':I it,-; ozwif,!o A po,j j! iu,:z)v ?U-ju C. k.t4 --Aj!oq l ljaUQW,, 9vikii! bill, 01owl-v gAn rqu Am rins to anom nA.. Al i•.) "..- 'to;ict h).4 509q, .. lot at It ri 0 W pi j iu' eJ.", )f to is Lir"J ail l'.' romomm spoo ev'Gods noban ni ayMsO atmOve tqApM amop mull to in tAbm; d horluo v I okia -761 s/S3 LAW OFFICE OF .fTORNEYS: CARLYLE F. STOUT III PARALEGALS: Carlyle F.Stout III Deanna "Dee"Dirks 215 LAUREL STREET 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 93-0640(orl �OoC 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 . 1.08. 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 uly, Carlyle F. out III CFS:dd CERTIFIED MAIL, RETURN RECEIPT REQUESTED Enclosure cc: client Contents of Record for Ashland Planning Action 93-067 PLANNING ACTION 93-067 is a request for an extension of a previously approved Site Review for a 26-unit condominium complex located at 284 Hersey Street. APPLICANT: Albert Teitelbaum -- Mailed Notice of Council hearing 8/3/93 . . . . . . . . . . . . . . . . . . . : . . . . . . 1 -- Appeal request from Carlyle Stout . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 - Staff Report 93-069 6/8/93 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Memo from Fire Department 7/23/93 . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Planning Commission Findings for Denial 7/14/93 . . . . . . . . . . . . . . . . . . . 12 - Planning Commission Minutes 6/8/93 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 -- Application Letter for extension from A. Teitelbaum . . . . . . . . . . . . . . . . 20 -- Memo from Fire Department 5/18/93 . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Letter from James and Mary Jeffrey 6/2/93 . . . . . . . . . . . . . . . . . . . . . . . 22 Letter from Robt. McWilliams 6/8/93 . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 -- Letter from neighbors 5/31/93 . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . 25 -- Mailed Notice of hearing 3/10/92 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 -- Mailed Notice of hearing 1/14/92 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Mailed Notice of administrative approval 2/11/92 . . . . . . . . . . . . . . . .. . . . 28 — Findings of Approval 4/14/92 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 -- Planning Commission minutes 3/10/92 . . . . . . . . . . . . . . . . . . . . . . .. . . . . 34 -- Staff Report 92-009 3/10/92 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 -- Mailed notice of hearing 6/12/90 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 -- Findings of Approval 7/10/92 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 -- Staff Report 90-121 6/12/90 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 -- Findings of Approval 6/12/90 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Planning Commission minutes 6/10/90 . . . . . . . . . . . . . . . . . . . . . . ... . . . 47 — Type I findings of Approval 5/10/89 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 -- Mailed public notice 5/10/89 . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . 49 — Extension request from A. Teitelbaum 3/31/89 . . . . . . . . . . . . . . . . . . . . . 50 -- Findings of Approval PA88-034 3/30/88 . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Mailed notice of administrative approval 3/30/88 . . . . . . . . . . . . . . . . . . . 55 Notice is hereby given that PUBLIC HEARING on the following request with respect to the ASHLAND A copy of ch.application.alldocuments and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at LAND USE ORDINANCE will be held before the reasonable cost if requested. A copy of the staff report will be available for ASHLAND CITY COUNCIL on the 3RD DAY Inspection seven days prior to the hearing and will be provided at reasonable cost E requested. All materials are available at the Ashland Planning Department City OF AUGUST, 1993 AT 7:30 P.M. at the Hall,20 East Main.Ashland.OR 97520. ASHLAND CIVIC CENTER, 1175 East Main During the Public Hearing.the Mayor shall allow testimony from the applicant and Street, Ashland, Oregon. those in attendance concerning this request The Mayor shall have the right to limit the length of testimony and require that comments be restricted to the applicable criteria, The ordimme criteria applicable to this application are on the reverse of this notice. Oregon law sates that failure to raise an objection concerning this application, If you have any questions or comments concerning this request please feel free to eider In person or by letter,or failure to provide sufficient specificity to afford the contact Susan Yates at the Ashland Planning Department,Clay Hall,at 488-5305. decision maker an opportunity to respond to the issue,precludes your right of appeal to the Land Use Board of Appeals(LUBA)on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. ea]a fV1 ,GVIBPN)GE ' .L /tl 0.a* tins XBa1CN Mani O—u- t G N 3 i basis i t > t. tiQA`GC 21 } I1UCI4 EJECT r toe Kyat, IW y J-h s G5o Vi e • y xfwa t. Ogry O qoN 2 r 3e W ' 'O � DSd 1 Y 6 W MW .TT a �µ ] •'t +� I /t - ap / a=. e.'•e' eeo s+e BsY >,f! dae• ,� I $ _ ., jerro I pray •N – - .. ✓ iy,Qy 'e. er.:i ! e..v Bee' T� s:+• y to '• • to i cab• is .dYd' 1]-0. raft . 1. .. t1ava 41•W lHfeo' Ipoo' PLANNING ACTION 93-067 is a request for an extension of a previously approved Site Review for a 26-unit condominium complex located at 284 Hersey Street. Comprehensive Plan Designation: Multi-Family Residential, High Density; Zoning: R- 3; Assessor's Map #: 4CB; Tax Lot: 2303. APPLICANT: Albert Teitelbaum e`CP LAW OFFICE OF S Carlyle CARLYLE F. STOUT III PARALEGALS: Carlyle F.Stout f❑ Deanna"Dee" Dirks 215 LAUREL STREET MEDFORD,OR 97501 TELEPHONE: (503)7762020 FAX NUMBER: (503)7769841 July 14, 1993 Brian Almquist City Administrator City of Ashland City Hall Ashland, OR 97520 Re: Planning Action 93-06906'1 6i 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 in- 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 III CFS:dd CERTIFIED MAIL, RETURN RECEIPT REQUESTED Enclosure cc: client 3 1 ASHLAND PLANNING DEPARTMENT STAFF REPORT JUNE 8, 1993 PLANNING ACTION: 93-069 APPLICANT. Albert Teitelbaum LOCATION. 284 Hersey Street ZONE DESIGNATION: R-3 COMPREHENSIVE PLAN DESIGNATION: Multi-Family - High Density ORDINANCE REFERENCE: High Density - Multi Family 18.28 Site Design and Use Standards 18.72 REQUEST. Extension of previously approved 26-unit condominium complex. I. Relevant Facts 1) Background - History of Application: In March 1988, the Planning Commission approved a Site Review for the construction of a 27-unit apartment complex (PAW034). In May, 1989, a one year extension of the previous approval was granted (PA89-067). In July, 1990 a second extension was approved for the 27-unit apartment complex (PA90-121). The apartment complex approval expired in July 1991. In April 1992, the Planning Commission approved the construction of a 26- unit condominium complex (PA92-009). The project was identical to the previously approved apartment complex, minus one unit due to code amendments concerning provisions for common recreational space. 2) Detailed Description of the Site and Proposal: This proposal involves the construction of a 26-unit condominium complex. Five separate buildings incorporating six, three, four, eleven and two units will be developed around a landscaped courtyard. Each unit is approximately 864 square feet in size, with two bedrooms on the upper floor and dining room, living room and kitchen on the bottom floor. Construction materials include T-11 exterior siding, aluminum framed sliding windows and composition shingles. The exterior siding will be painted a light grey with white trim, while the composition shingle will be charcoal. The site design of the project is essentially identical to the previous approval. The parking area will be situated perpendicular to Hersey Street and consist of 48 spaces. A sidewalk will be constructed along the Hersey Street frontage and will be linked to the project's internal walkway system. This is a very similar site design as was originally approved in 1988. II. Project Impact Staffs major concern is that this project involves a layout that has essentially remained unchanged for the past five years. During this time, ordinances and citizen concerns have evolved and these considerations have been conditioned into previous extensions. These have included, sound attenuation measures, recycling facilities, bicycle parking and affordable and conservation housing requirements. There are several issues that appear to warrant further review prior to extending the approval for this application. In addition, we have outlined other items which we believe could enhance the project's appearance along Hersey Street and upon the surrounding neighborhood, while potentially improving its marketability. Some of the items listed below may involve an overall revision to the existing site design, in which case the Commission would need to decide if it would be better to deny this request and allow the applicant to sit down with Staff and comprehensively evaluate the issues. Fire Department Requirements A memorandum from the Fire Department has been submitted requesting an opportunity to have a complete review of the proposal prior to any further PA93-069 Ashland Planning. Department — Staff Report Albert Teitelbaum JUNE 8, 1993 Page 2 s approval. Previous comments submitted by the Fire Department raised concerns over provisions for a turnaround area for fire apparatus and sufficient work area size around buildings. Building Orientation The present proposal has a large parking area facing Hersey Street creating a less than inviting streetscape, heavily oriented towards the automobile. The City's Site Design and Use Standards require that buildings be oriented towards the street with the parking areas to the side and rear of buildings. Staff believes there may be an opportunity to locate a building up along Hersey Street which exhibits a strong sense of entry, while still allowing adequate width to construct a driveway to the parking area. This would substantially reduce the visual impact of the large parking area upon the Hersey Street frontage and soften the entrance to the , development, while being compatible with the scale, massing and rhythm of other buildings along the street in the neighborhood. This idea was not pursued as part of the original application, due to the narrowness of the entry (50'), and concerns over providing adequate parking. However, having an area dedicated solely to parking adjacent to the street, though buffered by a 20' landscaped setback, appears to run counter to the current thinking of the Planning Commission" Further, a.structure located up towards the street would assist in buffering the noise and associated impacts of the parking area from the other neighbors in the Hersey Street area. -Building Color/Massing The bulk and scale of this project will have a formidable visual impact upon the immediate area. The original approval included one color scheme (grey siding, white trim, charcoal roof) for the entire project. Staff believes that a more creative color strategy should be considered in order to help break up the complex into easily distinguishable, smaller masses. At a minimum each building should incorporate an individual color scheme, while still being part of the same overall color group of the entire project: Marketability of Project The existing project was initially reviewed and approved as a multi-family apartment complex. Later, the applicant received approval to allow individual ownership as condominium units. Staff is concerned whether the current design of the development could effect the project's viability as a condominium complex. We are aware that this may not be a valid concern to be raised as part of a site review, however, the project architect initially designed the project for apartment PA93-069 Ashland Planning Department Staff Report Albert Teitelbaum JUNE 8, 1993 Page 3 living rather than single-family ownership. A re-evaluation of the entire project, incorporating the issues outlined above, and also private spaces and site amenities, may improve the marketability of the project as individually owned units. III. Procedural - Required Burden of Proof The criteria for Site Review approval are found in Chapter 18.72 and area s follows A. All applicable City ordinances have been met or will be met by the proposed development. B. All requirements of the Site Review Chapter have been met or will be met. C. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. IV. Conclusions and Recommendations Overall the current design may be able to be "conditioned" into compliance with the general requirements of the ordinance. However, another opportunity to evaluate the design while keeping in mind the concerns of the Fire Department and the additional issues raised by Staff may result in a better development for project residents, the neighborhood and the applicant. However, based upon additional testimony and evidence presented by the applicant at the hearing, should the Commission choose to approve the application, Staff would recommend that the following conditions be.attached to the approval: 1) That all proposals of the applicant be conditions of approval unless otherwise modified here. 2) That the requirements of the Ashland Fire Department be complied with, including the installation of an automatic residential fire sprinkler system in each unit. PA93-069. Ashland Planning Department — Staff Report Albert Teitelbaum JUNE 8, 1993 Page 4 7 3) That a storm drainage plan for parking area be reviewed and approved by the City Engineering Division prior to issuance of a building permit. 4) That a water line and meter plan for City water service be approved by the superintendent of the Ashland Sewer and Water Department prior to issuance of a building permit. Each unit shall have a separate water service. 5) That a sewer line plan be approved by the superintendent of the Ashland Sewer and Water Department prior to issuance of a building permit. Each unit shall have a separate sewer service. 6) That a revised landscaping plan indicating the layout of the irrigation system be submitted for review and approval by the Staff Advisor prior to the issuance of a certificate of occupancy. Revised plan to include evergreens planted between the units and the parking area (to reduce the glare from headlights and help to break up the building facade), large canopy shade trees located along the west side of the parking lot and additional conifers situated at the rear by the railroad tracks to provide screening year round. 7) That 26 sheltered bicycle spaces be installed to the standards outlined in 18.92.040 (1) prior to the issuance of a certificate of occupancy. 8) That a berm or sound wall (minimum 2" solid wood or equivalent) be constructed along property line abutting the railroad tracks, blocking the line of site from the first floor of the units to the rails to a height of 6'10" above finished floor level. Also that the second story portion of the structures.be designed such that the interior noise levels do not exceed 45 dBA during the passage of an average train. 9) That a recycling area be provided for the residents of the development. . 10) That the parking area be paved, striped and wheel stops installed prior to the issuance of certificate of occupancy. 11) That the landscaping be installed as per the approved plan prior to issuance of a certificate of occupancy. 12) That all trash receptacles be screened by site obscuring fencing material. 13) That a blanket easement on the property for electric utilities be provided. Easement to be provided in buildings for wiring. Owner responsible for excavating, backfilling, compaction, providing protection for transformer and installation of pull boxes. Transformer location to be approved by the City Electric Department. PA93-069 Ashland Planning Department — Staff Report Albert Teitelbaum JUNE 8, 1993 Page 5 8 14) That the parking area be adequately screened by a 6' high solid wood fence. Screening to be installed along the eastern side of the parking area. Also, that a 3'-6" solid wood fence be installed along the south side of the first two compact spaces at the entrance to the development. 15) That a 4' wide concrete walkway be provided from Hersey Street to the entrance of all units. 16) That the relocation of the irrigation ditch be done to the approval of the Watermaster and the Director of Public Works and that a public utility easement to be granted along the new route of the relocated irrigation line. 17) That a sidewalk be installed along the Hersey Street frontage prior to the issuance of a certificate of occupancy. 18) Tbat the applicant enter into an agreement with the City of Ashland guaranteeing that 25 percent of the residential units are affordable for moderate income persons in accord with the standards established by resolution of the Ashland City Council through procedures contained in such resolution. The City of Ashland will prepare the agreement to be signed prior to the issuance of a building permit. 19) That all residential units in the development comply with the Conservation Housing density bonus requirements referred to under section 18.88.040 B. 20) That color samples for all units be included at the time of a building permit, to be reviewed and approved by the Staff Advisor. PA93-069 Ashland Planning Department — Staff Report Albert Teitelbaum JUNE 8, 1993 Page 6 p 1 ASHLAND FIRE DEPARTMENT MEMORANDUM July 23, 1993 TO Planning Department FROM Don Paul, Fire Marshal SUBJECT Condominiums, 284 Hersey Street At its regular meeting in June of 1993 the Ashland .Planning Commission denied the extension of the application for Albert Teitelbaum to develop condominiums on his property at 284 Hersey Street. Subsequent to that meeting I have received a. copy of the plans and have reviewed them in accordance with the current adopted fire code and city development ordinances. Based on the Ashland Municipal Code sections pertaining to fire and life safety and the 1991 Uniform Fire Code as adopted by the State of Oregon and the City of Ashland I have listed below the necessary requirements to meet approval of the Ashland Fire Department: 1. A fire work area measuring 201x40' shall be provided within 50' of the structures exclusively for the use of fire apparatus. AMC, section 18.08.255. 2. . A fire apparatus access road shall be provided for every portion of a building having an exterior wall of. the first story of the building located more than 150 feet from fire apparatus access as measured by an approved route around the exterior of the building: This would affect units 1, 2, 21, 22, 23, 25, 26, and 27. UFC, section 10.203 . 3. The driveway appears to be approximately 270 in length. When in excess of 2501 a turnaround to . accommodate fire apparatus is required. AMC, section 18.88.090. 4. An approved fire hydrant shall be installed within 150, of all structures prior to combustible construction. AMC, section 15.28.070. 5. An approved fire hydrant shall be installed on Hersey Street as indicated on the plan prior to combustible construction. UFC, table No. A-III-B-1. 6. An automatic fire alarm system of .the rate-of- rise type shall be provided in each unit in an approved location in addition to the required smoke detectors. The rate of rise detection system shall be monitored off and on site. An on site enunciator panel shall be provided in an approved location preferably in the managers apartment. The panel shall have an indicator on the exterior of the building. UFC, section 14.104 (g) and 14.105. 7. Recessed fire extinguisher cabinets shall be provided in the vicinity of units 10, 20 and 3 in accessible locations. Each cabinet shall have an extinguisher with a minimum rating of 2A-10BC installed and maintained by a licensed fire extinguisher company on an annual basis. S. The development shall install a key security box (Knox Box) in a location approved by the fire department. In the code review process all of the above would be requirements of approval. However the fire department will waive the fire work area, fire apparatus access road, and turnaround if each unit is provided with an automatic fire sprinkler system complying with NFPA 13-R standards. A fire sprinkler system will require control valves in each building cluster in an approved secure location. The on-site fire hydrant may also be waived by addressing item #6. The benefits of early warning by rate-of rise detection and fire sprinklers is in our opinion two fire protection features that can save lives prior to on scene firefighting. Each of the other fire protection features are dependent upon our departments on scene efforts. With these requirements met the development appears to be consistent with the needs of our department to provide necessary fire and life safety services. We look forward to assisting the developer with the specifics of the imposed requirements. CITY OF ASHLAND ! CITY HALL • ASHLAND,OREGON 87520 telePtw (Code 503)eS2-3211 July 14, 1993 RE: Planning Action 93-069 Dear Albert Teitelbaum: At its meeting of June 8, 1993, the Ashland Planning Commission denied your request for an extension of a previously approved Site Review for the property located at 284 Hersey Street: A copy of the Findings and Orders which was adopted at theJuly 13, 1993 Planning Commission meeting is enclosed. Please feel free to call me at 488-5305 if you have questions. S Y, L Bill Molnar. Senior Planner Enclosure �7 BEFORE THE PLANNING COMMISSION June 8, 1993 IN THE MATTER OF PLANNING ACTION #93-069, REQUEST FOR AN) EXTENSION OF A PREVIOUSLY APPROVED SITE REVIEW FOR A ) FINDINGS, 26-UNIT CONDOMINIUM COMPLEX LOCATED AT 284 HERSEY ) CONCLUSIONS STREET. ) AND ORDERS APPLICANT: ALBERT TEITELBAUM ) RECITALS: 1) Tax lot 2303 of 391E 4CB is located at 284 Hersey and is zoned R-3 ; High Density Multi-Family Residential. 2) The applicant is requesting .an extension of a previously approved 26-unit condominium *complex. Site improvements are outlined on the site plan on file at the Department of Community Development. 3) The criteria for approval of a Site Review are found in Chapter 18 .72 and are as follows: A. All applicable City ordinances have been met and will be met by the proposed development. B. All requirements of the Site Review chapter have been met. C. The site design complies with the guidelines adopted by the City Council for implementation of this chapter. D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. 4) The Planning Commission, following proper public notice, held a Public Hearing on June 8, . 1993, at which time testimony was received and exhibits were presented. The Planning Commission denied the application noting that the applicant had failed to meet the required burden of proof. Now, therefore, The Planning Commission of the City of Ashland finds, concludes and recommends as follows: SECTION 1. EXHIBITS For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony will be used. Staff Exhibits lettered with an "S" Proponent's Exhibits, lettered with a "P" Opponent's Exhibits, lettered with an 110" Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "pq" SECTION 2. CONCLUSORY FINDINGS 2.1 The Planning Commission .finds that it has received all information necessary to make a decision based on the Staff Report, public hearing testimony and the exhibits received. 2.2 The Planning Commission finds that the proposal to construct a 26-unit condominium complex does not comply with all the criteria for site review approval found in Chapter 18.72. 2.3 Written and oral testimony was has been entered in the record concerning the proposed setbacks of 6' and 10' along the south property line. These property owners have requested that these setbacks be increased to reduce the impact from the proposed two- story units. Under section 18.72.100 I. the Planning Commission has the power to amend plans and "increase setbacks up to 20 feet. " The Commission finds that an increase in 'the setback requirement will allow for additional space and light between adjoining properties. However, such a modification can not be done without necessitating a redesign of the entire site plan. 2.3 The Commission finds that the proposal is inconsistent with the requirements of Ashland's Site Design and Use - Standards. Specifically, the standards (II-B-1) require buildings to have their primary orientation toward the street when they are within 20-30 feet of the street. The Commission believes that there is an opportunity to situate a building.within 20 feet of the street that exhibits a strong sense of entry., which is characteristic of. the streetscape created by neighboring homes in the area. The Commission believes that locating a building along the Hersey Street frontage will help to buffer the large parking area from adjacent uses in the vicinity, and it is within the Commissions powers to amend plans under section 18.72.100 H. The Commission finds that the 56 foot wide frontage could allow for a building to be constructed along the Hersey Street frontage with pedestrian access from the public sidewalk to the front entrance. The Commission. finds that this would reduce the visual impact of the parking area along the street, while being compatible with the scale, massing and rhythm of other buildings along the street. SECTION 3. DECISION 3.1 Based on the record of the Public Hearing on this matter, the Planning Commission concludes that the request for an extension of a previously approved. 26-unit condominium complex is not supported by the evidence contained in the record. Therefore, based on our overall conclusions, We deny Planning Action #93-069. Planning. Commisison Approval Date l 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 nobeed 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 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 KIST, 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 - 6 - REGULAR MEETING MINUTES - JUNE 8,1993 � 7 I 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 if 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. "NiNG wiYllBl$SION REGUUIR MEETING - 7 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 n ' 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 mufti-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 /4 I kill'I _u_1111111i -..111._1,L I.• II 1I Li 11. April 13, 1993 City of Ashland RE: Request of time extension. Originally the plans called for a 27 unit project. I applied for a construction loan with Liberty Federal Bank which was approved subject to the usual requirements. At that time this was not planned to be "Affordable Housing. " I met with John Fregonese and he said the City was under great pressure because of the lack of "Affordable Housing" in the City of Ashland. We discussed the fact that I was going to build my new home and move back to Ashland to live. We discussed my background in working to help make Ashland a better place to live and the work I did when I was chairman of CPAC. John said it would be a great service to the city if I would make these units "Affordable Housing. " I put my financial considerations aside and agreed that all 27 units would be "Affordable Housing. " The planning department next asked that we eliminate one unit in order to .gain more open space. I agreed but this required us to make changes in the plans and I had the architect make the - changes as per the request of your planning department. All this took time and I had to resubmit everything to the Liberty Federal Bank and re-apply for a new loan. By this time the bank was swamped with requests for re-financing of loans due to the new lower interest rates and they delayed acting upon my -application for several months: They finally got to my application and approved the construction loan subject to an appraisal of the project. Their appraisal will be received by them this week and the loan should be completed in a few weeks. I respectfully request this extension as the delay was not caused by my negligence but was caused by my willingness to help the City of Ashland by changing the project. to "Affordable Housing. " Sind ALBERT TEITELBAUM �D ASHLAND FIItE DEPARTMENT MEMORANDUM May 18, 1993 TO Planning Department FROM Don Paul, Fire Marshal SUBJECT Earl King Condo's, Hersey St I recently was made aware of the extension request for Mr. King's Condominium project of Hersey Street. The original application was made several years ago and has been amended through passed review processes. The fire department request the opportunity to have a complete review of the proposed project previous to any further approval. If this is not possible with an extension then it would be in our best interest to recommend denial of the extension request. June 2, 1993 To: The Planning Commission City of Ashland From: James & Mary Jeffrey Dear Commissioners : We own, and reside at, 298 West Hersey Street, in Ashland. We have received notice from you concerning Planning Action 93-067, which is a request for an .extension of a previously approved Site Review for a 26-unit condominium complex located at 284 West Hersey Street. We understand that this request will be reviewed by you on June 8 at 7 : 00 pm, and we plan to attend. The proposed site is adjacent to our side (east) and rear (north) boundary lines . As we operate a bed & breakfast, "The Drovers ' Inn, " we are very concerned .about the effect which the design and use of the complex will have on the well-being of our guests, and of ourselves, and on the value of our business and of our property. At present we have a beautiful view of the mountains, both to the north and to the east. We have a rear deck where our guests can relax, and where we can serve them breakfast. We have been very upset to learn that the proposed plan is to build a solid .wall of two-story units only six feet from our rear line ! As there is. already a two-story wall right next to us to the west, we would be completely boxed in on two sides. We have been told that technically the property line adjacent to our rear yard is considered to be a side yard. But normally there would be a back yard adjacent to our back yard, with appropriate open space between residdnces on the two properties, and we feel that this- is the intent of the Ashland Land Use Ordinance. Per Section 18.72.100 ( I ) , the Planning Commission has the power to amend site plans, including to increase setbacks up to twenty feet: We urgently_ request that you exercise this power, and make the setback twenty feet from our rear line. This would give us a minimum of .open space and privacy: We believe that any builder on the site has the obligation to provide adequate screening between the site property and ours. This would include a solid wood fence at least six feet in 'height along our rear line, and along our side line for as far as that height is permitted. Along our rear line screening should also include the planting of trees of appropriate height; conifers would provide year-round privacy for persons living on each of the properties. as If buildings are to be constructed behind us, we would much prefer that they be only one story. We understand that a condition for approval of the site plan is that it include low-cost housing, which it does not now seem to include . We suggest that some one-story studios or one-bedroom units would provide some lower-cost housing, and if put along our rear line would give more privacy to persons . living on each of the properties, and would not destroy our view. The Planning Department Staff Report, on page 3 under "Building Orientation, " states that, "there may be an opportunity to locate a building up along Hersey Street . . . " While we appreciate the reasons given for suggesting this, we definitely do not want our view and solar access on our east side to be blocked . Perhaps a building could be sited so as to avoid this, but, otherwise, we feel that a twenty foot appropriately landscaped front setback, adjacent to a parking area appropriately screened on each side and at the rear, would be preferable . Thank you for your consideration. Respectfully yours, �3 City of Ashland Planning Exhibit En ff�- PA 8 DAW(dB4J STMF Ale- "--- -- -..._ :.. ---- -_ -c� ol -----_. -- --- City of Ashland Planning Exhibit L F.nnert� , PA# , Din Sur. May 31; 1993 City of Ashland Planning Commission Dear Commissioners: We the undersigned live in the building at numbers 300, 302, 304, and 306 West Hersey, Street, in Ashland. We understand that a plan to build a 26-unit condominium complex at 284 West Hersey Street will be reviewed by you on June 8 at 7 :00 pm. At present we enjoy a beautiful view of the mountains, and we are shocked to learn that the proposed plan is to build a solid wall of two-story units only ten feet from our rear fence. Per the Ashland Land Use Ordinance, Section 18. 72. 100 I, the Planning Commission has the power to amend site plans, including to increase setbacks up* to twenty feet. We request that you exercise this power, and make the setback twenty feet from our rear fence. This would give us a minimum of open space and privacy. Also, if buildings have to be constructed behind us, we would much prefer that they be only one story. Thank you for your consideration in this matter. Respectfully yours, 16 oo IAI CITY OF ASHLAND ,. CITY HALL ' ASHLAND.OREGON 07520 telePhw (nude 503)482-3211 t July 14, 1993 RE: Planning Action # 93-069 Dear Albert Teitelbaum: At its meeting of June 8, 1993, the Ashland Planning Commission denied your request for an extension of a previously approved Site Review for the property located at 284 Hersey Street. A copy of the Findings and Orders which was adopted at the July 13, 1993 Planning Commission meeting is enclosed. Please feel free to call me at 488-5305 if you have questions. S ly, Bill Molnar. Senior Planner Enclosure BEFORE THE PLANNING COMMISSION June 8, 1993 IN THE MATTER OF PLANNING ACTION 193-069, REQUEST FOR AN) EXTENSION OF A PREVIOUSLY APPROVED SITE REVIEW FOR A ) FINDINGS, 26-UNIT CONDOMINIUM COMPLEX LOCATED AT 284 HERSEY ) CONCLUSIONS STREET. ) AND ORDERS APPLICANT: ALBERT TEITELBAUM ) ) RECITALS: 1) Tax lot 2303 of 391E 4CB 'is located at 284 Hersey and is zoned R-3 ; High Density Multi-Family Residential. 2) . The applicant is requesting .an extension of a previously approved 26-unit condominium complex. Site improvements are outlined on the site plan on file at the Department of Community Development. 3) The criteria for approval of a Site Review are found in Chapter 18 .72 and are as follows: A. All applicable City ordinances have been 'met and will be met by the proposed development. B. All requirements of the Site Review chapter have been met. C. The site design complies with the. guidelines adopted by the City Council for implementation of this chapter. D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. 4) The Planning Commission, following proper public notice, held a Public Hearing on June 8, 1993, at which time testimony was received and exhibits were presented. The Planning Commission denied the application noting that the, applicant had failed to meet the required burden of proof. Now, therefore, The Planning Commission of the City of Ashland finds, concludes and recommends as follows: .SECTION 1. EXHIBITS For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony will be used. Staff Exhibits lettered with an "S" Proponent's Exhibits, lettered with a "P!' Opponent's Exhibits, lettered with an "O" Hearing Minutes, Notices, .Miscellaneous Exhibits lettered with an nM" SECTION 2. CONCLUSORY FINDINGS 2. 1 The Planning Commission .finds that it has received all information necessary to make a decision based on the Staff Report, public hearing testimony and the exhibits received. . 2.2 The Planning Commission finds that the proposal to construct a 26-unit condominium complex does not comply with all the criteria for site review approval found in Chapter 18.72. 2.3 Written and oral testimony was has been entered in the record concerning .the proposed setbacks of 6' and 10' along the south property line. These property owners have requested that these setbacks be increased to reduce the impact from the proposed two- story units. Under section 18.72.100 I. the Planning Commission has the power to amend plans and "increase setbacks up to 20 feet. " The commission finds that an increase in the setback requirement will allow for additional space and light between adjoining properties. However, such a modification cannot be done without necessitating a redesign of the entire site plan. 2.3 The Commission finds that the proposal is inconsistent with the requirements of Ashland's Site Design and Use -Standards. Specifically, the standards (II-B-1) require buildings to have their primary orientation toward the street when they are within 20-30 feet' of the street. The Commission believes that there is an opportunity to situate a building within 20 feet of the street that exhibits a strong sense of entry, which is characteristic of the streetscape created by neighboring homes in the area. The Commission believes that locating a building along the Hersey Street frontage will help to buffer the large parking area from adjacent uses in the vicinity, and 'it is within the Commissions powers to amend plans under section 18.72.100 H. The Commission finds that the 56 foot wide frontage could allow for a building to be constructed along the Hersey Street frontage with pedestrian access from the public sidewalk to the front entrance. The Commission finds that this would reduce the visual impact of the parking area along the street, while being compatible with the scale, massing and rhythm of other buildings along the street. SECTION 3. DECISION 3.1 Based on the record of the Public Hearing on this matter, the Planning Commission concludes that the request for an extension of a previously approved 26-unit condominium complex is not supported by the evidence contained in the record. Therefore, based on our overall conclusions, We deny Planning Action #93-069. Planning Commisison Approval Date 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 Rs 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 .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 KIST, represents At 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 6 REGULAR MEETING MINUTES -JUNE 8,1993 / 7 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. ASIiUWD PLANNING CO MISSION NEGulM MEETING 7 MINUTES - JUNE S.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 mufti-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 corpplying with the building code, could be met. McLaughlin responded that it could. ASHLAND PLANNING COMMISSION 8 REGULAR MEETING MINUTES - JUNE 8,1993 - - -1_I-1_-'l. 'J_I 'll I•I_�111 11-.1_11'1 I11111111i LI I._I-.CI_ 1111 LI I1. III L_l i_.a_,y . _ I ,I_I_ April 13, 1993 City of Ashland RE: Request Of time extension. Originally the plans called for a 27 unit project. .1 applied for a construction loan with Liberty Federal Bank which was approved subject to the usual requirements . At that time this was not planned to be "Affordable Housing. " I met with John Fregonese and he said the City was under great pressure because of the lack of "Affordable Housing" in the City of Ashland. We discussed the fact that I was going to build my new home and move bark to Ashland to live. We discussed my background in working to help make Ashland a better place to live and the work I did when I was chairman of CPAC. John said it would be a great service to the city if I would make these units "Affordable Housing. " I put my financial considerations aside and agreed that all 27 units would be "Affordable Housing. " The planning department next asked that we eliminate one unit in order. to gain more open space. I agreed but this required us to make changes in the plans and I had the architect make the changes as per the request of your planning department. All this took time and I had to resubmit everything to the Liberty Federal Bank and re-apply for a new loan. By this time the bank was swamped with requests for re-financing of loans due to the new lower interest rates and they delayed acting upon my application for several months. They finally got to my application and approved the construction loan subject to an appraisal of the project. Their appraisal will be received by them this week and the loan should be completed in a few weeks. I respectfully request this extension as the delay was not caused by my negligence but was caused by my willingness to help the City of Ashland by changing the project. to "Affordable Housing. " Sincerely, ALBERT TEITELBAUM ASHLAND FIRE DEPARTMENT MEMORANDUM May 18, 1993 TO Planning Department FROM Don Paul, Fire Marshal SUBJECT Earl King Condo's, Hersey St I recently was made aware of the extension request for Mr. King's Condominium project of Hersey Street. The original application was made several years ago and has been amended through passed review processes. The fire department request the opportunity to have a complete review of the proposed project previous to any further approval. If this is riot possible with an extension then it would be in our best interest to recommend denial of the extension request. June 2, 1993 To: The Planning Commission City of Ashlarid From: James 8 Mary Jeffrey Dear Commissioners : We own, and reside at, 298 West Hersey Street, in Ashland. We have received notice from you concerning Planning Action 93-067, which is a request for an extension of a previously approved Site Review for a 26-unit condominium complex located at 289 West Hersey Street. We understand that this request will be reviewed . by you on June 8 at 7 :00 pm, and we plan to attend. The proposed site is adjacent to our side (east) and rear (north) boundary lines . As we operate a bed & breakfast, "The Drovers ' Inn, " we are very concerned about the effect which the design and use of the complex will have on the well-being of our guests, and of ourselves, and on the value of our business and of our property. At present we have a beautiful view of the mountains, both to the north and to the east. We have a rear deck where our guests can relax, and where we can serve them breakfast. We have been very upset to learn that the proposed plan is to build a solid .wall of two-story units only six feet from our rear line! As there is already a two-story wall right next to us to the west, we would be completely boxed in on two sides. We have been told that technically the property line adjacent to our rear yard is considered to be a side yard. But normally there would be a back yard adjacent to our back yard, with appropriate open space between residences on the two properties, and. we feel that this- is the intent of the Ashland Land Use Ordinance. Per Section 18.72.100 (I ) , the Planning Commission has the power to amend site plans, including to increase setbacks up to twenty feet. We urgently request that you exercise this power, and make the setback twenty feet from our rear line. This would give us a minimum of .open space and privacy. We believe that any builder on the site has the obligation to provide adequate screening between the site property and ours. This would include a solid wood fence at least six feet in 'height along our rear line, and along our side line for as far as that height is permitted. Along our rear line screening should also include the planting of trees of appropriate height; conifers would provide year-round privacy for . persons living on each of the properties. as If buildings are to be constructed behind us, we would much prefer that they be only one story. We understand that a condition for approval of the site plan .is that it include low-cost housing, which it does not now -seem to include. We suggest that some one-story studios or one-bedroom units would provide some lower-cost housing, and if put along our rear line would give more privacy to persons living on each of the properties, and would not destroy our view. The Planning Department Staff Report, on page 3 under "Building Orientation, " states that "there may be an opportunity to locate a building up along Hersey Street . . . " While we appreciate the reasons given for suggesting this, we definitely do not want our view and solar access on our east side to be blocked . Perhaps a building could be sited so as to avoid this, but, otherwise, we feel that a twenty foot appropriately .landscaped front setback, adjacent to a parking area appropriately screened on each side and at the rear, would be preferable . Thank you for your consideration. Respectfully yours, a3 City of Ashland Planning Exhibit Q- PA N DATE/o84J Srus __.. .-_... I vw� a� City of h land - . Planning As Exhibit Q- PA# Din: Sran May 31, 1993 City of Ashland Planning Commission Dear Commissioners: We the undersigned live in the building at numbers 300, 302, 309, and 306 West Hersey Street, in Ashland . We understand that a plan to build a 26-unit condominium complex at 289 West Hersey Street will be reviewed by you on June 8 at 7 : 00 pm. At present we enjoy a beautiful view of the mountains, and we are shocked to learn that the proposed plan is to build a solid wall of two-story units only ten feet from our rear .fence. Per the . Ashland Land Use Ordinance, Section 18. 72. 100 I, the Planning Commission has the power to amend site plans, including to increase setbacks up' to twenty feet. We request that you exercise this power, and make the setback twenty feet from our rear fence. This would give us a minimum of open space and Privacy. Also, if buildings have to be constructed behind us, we would much prefer that they be only one story. Thank you for your consideration in this matter. Respectfully yours, 00 U (YI aA&o cad 30a Notice is hereby given that a PUBLIC HEARING specitywhichodinance criterion the objection is based on also precludes your on the following request with respect to the right of appeal to LUBA on that criterion. ASHLAND LAND USE ORDINANCE will be held A ropy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will before the ASHLAND PLANNING COMMISSION be provided at reasonable cosf,if requested- Acopyof the staff=port will be HEARINGS BOARD on the 10TH DAY OF MARCH, a`tailablefor inspection seven days prior to the hearing and will be provided at reasonable cost, if requested. All materials are available at the Ashland 1992 AT 1:30 P.M. at the ASHLAND CIVIC Planning Department,City Hall,20 Fast Main,Ashland,OR 9220. CENTER, 1175 East Main Street, Ashland, Duringthe Public Hearing,the Chair shall allow testimony from the applicant Oregon. and thou in attendanceconcerning this request.The Chairshall have the right to limit the length of testimony and require that comments be restricted to the The ordinance criteria applicable to this application are attached to this notice. applicable criteria. Oregon lawstates that failure to raise an objection concerning this application, If you have anyquestions orcomments concerning this request,pleasefeel free eitherin person orby letter,orfailum to provide sufficient specificity to afford o contact Susan Yates at the Ashland Planning Department,Gty Hall,at488- thedecisionmakeranopportunity torespondtotheissue,precludes your right t to co of appeal to the Land Use Board of Appeals(LUBA)on that issue.Failure to 1 $ Jf J!AW (��'(9,CAMBRIDGE 1 , RAMY OTIS 4 t u — 1 ALI A EJECT � W E r Ica r +OC �/ - / w•f i L R04A11fAb _ _ - al 6 / !AI . .. .:.�� - ... .. ;• .: :� .:.: �� ,may. E, Dora as �• ar ( °+I + lj 'WW. '. K t 8 / b b lo- as' •a I �" •E 6i✓ LaY 'eUa�e' JI'a; ^�` y,ro. +,�. .'lYa' 7a'�" Itab - � ...L.• •rid •Iti4 .. PLANNING ACTION 92-009 is a request for Site Review for a 26-unit condominium complex located at 284 Hersey Street. Comprehensive Plan Designation: Multi-Family Residential, High Density; Zoning: R-3; Assessor's Map #: 4CB; Tax Lot: 2303. APPLICANT: Earl King Notice is hereby given that a PUBLIC HEARING sped"ich ordinance criterion the objection is based on also preclud;S your on the following request with respect to the right of appeal to LUBA on that criterion. ASHLAND LAND USE ORDINANCE will beheld A copy of the application, all documents and evidence relied upon.by the applicant and applicable criteria are available for inspcctionat no cost and will before the ASHLAND PLANNING COMMISSION be provided at reasonable cost,if requested.Acopyof the staffmport will be on the14TH DAY OF JANUARY, 1992 AT 7'00 available for inspection seven days prior to the hearing and will be provided at reasonable cost, if requested. All materials am available at the Ashland P.M.attheASHLAND CIVICCENTER,1175 East Planning Department,City Hall,70 Bast Main,Ashland,OR 97520. Main Street, Ashland, Oregon. During the Public Hearing,the Chair shall allow testimony from the applicant and those in attendance concerning this request.The Chairshall have the right The ordinance criteria applicable to this application am attached to this not ice. to limit the length of testimony and require that comments be restricted to the Oregon lawstatm that failure to raise an objection concerning this application, applicable criteria. either in person orby letter,or failure to provides Ifficientspecificity to afford - thedecision makeran opportunity to respond to the issue,pmctudesyourright Ifyou have anyquestions orcomments concerning this request,please feel free ofappeal to the Land Use Board ofAppeals(LUBA)on that issue.Failumto to contact Susan Yates at the Ashland Planning Department,CityHall,at488- 5305. RAW eol'4 ECAM R IINO 8 T 3 Tll OTIS 8 y - RVORIER 1 V =�OARLA LTN C nRaryeE i { Y r ALIGN I - ' R n,,,tl �,1+� ,i/v''J E C T bi E f S ,b„ U BSJQW SS / Y n s = MANN 'Y♦4 i rW MERSEY )W e -� ��>r- d 10 ♦L 2n "• 3�t W 'd �9 9LfaKa. 950 n-- f e ♦ I ;,.6 eel,♦, --I WI .s ♦ �. NI r J 1 1111 1 .8 m,Sa M-WITI,W �li 1 V / °Mar' d sa. ti N I i 5 ] 8 9 10 9 P:• 96r' is d:d. : e.'•d ba'r• 9�'r,' t 9i9' 96L' 9ro' / 5 t pay. A. `"`\; 3 •. /� � I �i o bcb.o. hp, ' ro m / .. � 959• I 4 ' 6LV LY✓ .w•9 )1.9 rl ' it n P44b' tl1la ' !, µ g va I-w tst/so -- PLANNING ACTION 92-009 is a request for Site Review for a 26=1 ut-apartment complex located at 284,Hersey Street. Comprehensive Plan Designation: High Density Multi-Family Residential;Zoning: R-3; Assessor's Map #: 4CB; Tax Lot: 2303. APPLICANT: Earl King c� 7 The Ashland Planning Department preliminarily approved this request on January 22,1992. This action will be reviewed Oregon law states that failure to raise an objection concerning this by the Ashland Planning Commission Hearings Board at 1:30 application, either in person or by letter,or failure to proaidc sufficient pm on February 11,1992,at the Ashland Civic Center, 1175 specificity to afford the decision mal(eran opportunity to respond to the issue, East Main St.,Ashland,OR. No Public Testimony Is allowed precludes your right of appeal t o the Land Use Board of Appeals(LUBA)on that issue. Failure to specifywhich ordinance criterion the objection is based at this review. on also precludes your right of appeal to LUBA on that criterion. Any affected property owner or resident has a right to A copy of the application,all documents And evidence relied upon by the request, AT NO CHARGE, a public hearing before the applicantand apphcabletriteriaare available forinspection at no cost and will Ashland Planning Commission On this action. be provided at reasonable(mt,if requested.A eopyof the staff report will be g available for inspection seven days prior to the hearing and will be provided at reasonable coat,if requested. All materials are available at the Ashland To exercise this right,a WRITTEN request must be received Planning Dcpartmen4 City Hall,20 East Main,Ashland,OR 97520- in the Planning Department,20 East Main St.,priorto 3 pm If you have any questions or comments concerning this request,please feel on February 3,1992 If you do not SPECIFICALLY REQUEST free ro contact Susan Yates of the Ashland Planning Departmcnt,City Hall, A PUBLIC HEARING by the time and date stated above. at 499-5305. there will be no Public testimony Permitted. If a hearing is requested, it will be scheduled for the following month. The ordinance criteria applicable to this application are attached to this notice. RANT F(/<r OAMBRIOOE .L JT� RANDY 3 t OTIS 9 V - KBRIER - .` 1 '. HARE u � ..._ -f"� ��✓-I- __ 7. ' EN 1 OAKLA i II ALM` ORA"CE to t AuGA r/ EJECT u 1 µ"Es . I E = - lea NE1 RIET N'0 >y erxrx r � r .�-. to•d Qqn, 1p r• 1y°9 j/';��W 'A fir• i 1 9b0NCa. LCOV.XI •y ✓I �IyI I{_• s• r 1 +� VI I ..� Ile toe is - � 6 p T 8 9 M A n i !6ti Ibtgl � � 6.'0'. bL0• Bas• !('✓," !91'0' asP Sao• a&W Pd, W • / arW 'E' / !iI na L Zee- • 4r To N t la - f riltl' ff�' '7Y•a Bi�• IA%O . rizMd 41•W lrfJad Iporo• PLANNING ACTION 92-009 is a request for Site Review for a 26-unit condominium complex located at 284 Hersey Street. Comprehensive Plan Designation: Multi-Family Residential, High Density; Zoning: R-3; Assessor's Map #: 4CB; Tax Lot: 2303. APPLICANT: Earl King � 00 C I T Y O . F A S H L A N D ,' C 1. T. Y H A L L ASHLAND,OREGON 97520. teleptro (Code 503)482-3211 April 20, 1992 RE: Planning Action # 92-009 Dear Earl King At its meeting of March 10, 1992 the Ashland Planning Commission approved your request for a site Review for the property located at 284 Herser St . Assessor's Map# 39 lE 4CB ,Tax Lot s 2303 The Findings of Fact and the Commission's Orders, which were adopted at the April 14 1992 meeting, are enclosed. Please note the following circled items: 1. A final map.prepared by a registered surveyor must be submitted within one year of the date of preliminary approval; otherwise, approval becomes invalid. 2. A final plan must be submitted within 18 months of the date of preliminary approval; otherwise, approval becomes. invalid. There is a 15 day appeal period which must elapse before a Building Permit may be issued. All of the conditions imposed by the Planning Commission must be fully met before an occupancy permit may be issued. planning Commission approval is valid for a period of one year only, after which time a new application would have to be submitted.. Please feel free to call me at 488-5305 if you have any questions. ce y Bill Molnar Associate Planner JMc/sa Enclosure(s) � 9 BEFORE THE'PLANNING COMMISSION March 10, 1992 IN THE MATTER OF PLANNING ACTION #92-009, REQUEST FOR A ) SITE REVIEW FOR A 26-UNIT CONDOMINIUM COMPLEX LOCATED ) FINDINGS, AT 284 HERSEY STREET. ) CONCLUSIONS AND ORDERS APPLICANT: EARL KING ) RECITALS: 1) Tax lot 2303 of 391E 4CB is located at 284 Hersey and is zoned R-3 ; High Density Multi-Family Residential. 2) The applicant is requesting site review approval to construct a 26- unit condominium. complex. . Site .improvements. are outlined on the site plan on file at the Department of Community Development. 3) The criteria for approval of a Site Review are found in Chapter 18.72 and are as follows: A. All applicable City ordinances have been met and will be met by the proposed development. B. All requirements of the Site Review chapter have been met. C. The 'site design complies with the .guidelines adopted by the City .Council for implementation of this chapter. D. That adequate capacity of City facilities . for. water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. 4) The Planning Commission, following proper. public notice, held a Public Hearing on March 10, '1992, at which time testimony,was received and exhibits were presented. The Planning Commission approved the application subject to conditions pertaining to the appropriate development of the site. Now, therefore, The Planning Commission of the City of Ashland finds, concludes and recommends as follows: SECTION 1. EXHIBITS For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony will be used. Staff Exhibits lettered with an "S" Proponent' s Exhibits, lettered with a Opponent's Exhibits, lettered with an "O" Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an limn SECTION 2. CONCLusORY FINDINGS 2.1 The Planning Commission finds that it has, received all information necessary to make a decision based on the Staff Report, public hearing testimony and the exhibits received. 2.2 The Planning Commission finds that the proposal to construct a 26-unit condominium complex meets the criteria for site review . approval found in Chapter 18.72 . 2.3 The Planning Co}mission finds that all applicable city ordinances have been met by the proposed development. Setback, lot coverage, bicycle parking and density requirements of the zoning district have been met. The base density ated a he percent density dwelling units. The applicant has been g bonus_ for affordable housing and energy efficient design. 2.4 The Planning Commission finds that the project complies with the requirements of the Site Review chapter, as well as with the site design guidelines adopted by the City Council. Pdestrian access is provided from the street to each unit. Eight percent the total lot area has been dedicated as outdoor recreational space, and is provided in the form of a landscaped courtyard Ie addition to the courtyard area, each unit will . have a 63 square foot concrete patio. A landscaping plan has been submitted which shows the placement and size of all plantings, and the layout of the irrigation system: 2.5 The Planning Commission finds that adequate capacity of city services exists to.accommodate this proposal. City sewer, water and electricity are located adjacent to the site and are sufficient to serve the development. The proposal has access onto Hersey Street, which is .a paved arterial with adequate capacity to accommodate the approximately 156 vehicle. trips estimated to be generated by the project. Storm drainage from the parking area and from rooftops will be collected on-site and directed by. underground pipe to the drainage ditch along the railroad tracks. Also, each unit will be equipped with an automatic residential fire sprinkler system. SECTION 3. DECISION the 3_ 1 Based on the record of the Public Hearing to construct a r unit Planning Commission concludes that the proposal condominium complex is .supported by evidence contained in the record. Therefore, based on our overall conclusions, and upon the proposal being subject to .each of the following conditions, we approve Planning Action #92-009. Further, if any one or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #92-009 is denied. The following are the conditions and they are attached to the approval: 1) That. all proposals of the applicant be conditions of approval unless otherwise modified here. 2) That the requirements of the Ashland Fire Department be complied .with, including the installation of . an automatic residential fire sprinkler system in each unit. 3) That a storm drainage plan for parking area be reviewed and approved by the City Engineering Division prior to issuance of a building permit. 4) That a water line and meter plan for City water service be approved by the superintendent of the Ashland Sewer and Water Department prior to issuance of a building permit. Each unit shall have a separate water service. 5) That a sewer line plan be approved by the superintendent of the Ashland Sewer and Water Department prior to issuance of a building permit. Each unit shall have. a separate sewer service. 6) That a revised landscaping plan indicating the layout of the irrigation system be submitted for review and approval by the Staff Advisor prior to the issuance of a certificate of occupancy. Revised plan to include evergreens planted between the units and the parking the area (to reduce the glare from eadlightslocat heal ono the west side building facade) ; large -canopy shade of the parking lot and additional conifers situated at the rear by the railroad tracks to provide screening year round. 7) That 26 sheltered bicycle spaces be installed to the standards outlined in 18.92.040 (I) prior to the issuance of a certificate of occupancy. 8) That a berm or sound wall (minimum 211. solid wood or equivalent) be constructed along property line. abutting the railroad tracks,. blocking the line of site from the first floor of the units to the rails to a height of 6110" above finished floor level. Also that the second story portion of the structures be designed such that the interior noise levels do not exceed 45 . dBA during the passage of an average train. 9) That a recycling area be provided for the residents of the development. 10) That the parking area be paved, striped and wheel stops installed prior to the issuance of certificate of occupancy. 11) That the landscaping be installed as per the approved plan prior to issuance of a certificate of occupancy. 12) That all trash receptacles be screened by site obscuring fencing material. 13) That a blanket easement on the property for electric utilities be provided. Easement to be provided in buildings for wiring. Owner responsible for excavating, backfilling, compaction, providing protection for transformer and installation of pull boxes. Transformer location to be approved by the City Electric Department. 14) That the parking area be adequately screened by a 6 ' high solid wood fence. Screening to be ' installed along the eastern side of the parking area. Also, that a 3 ' -6" solid wood fence be installed along the south side of the first two compact spaces at the entrance to the development. 15) That a 3 ' wide concrete walkway be provided from Hersey Street to the entrance of all units. 16) That the relocation of the 'irrigation ditch be done to the approval of the .Watermaster and the Director of Public Works and that a public utility easement to be granted along the new route of the relocated irrigation line. 17) . That a sidewalk be installed along the Hersey Street frontage prior to the issuance of a certificate of occupancy. 18) That the applicant enter into an agreement with the City of Ashland guaranteeing that 25 percent of the residential units are affordable for moderate income persons in accord with the standards established by resolution of the Ashland City Council through procedures contained in such resolution. The City of Ashland will prepare the agreement to be signed prior to the issuance of a building permit. Panning Commission Approval Date 33 ASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES MARCH 10, 1992 CALL TO ORDER The meeting was called to order by Barbara Jarvis. Jenifer Carr was also present. Staff present were McLaughlin, Molnar and Yates. APPROVAL OF MINUTES AND FINDINGS The Minutes of the February 11, 1992 Hearings Board were approved. The Findings for Medford Growers Market were approved. The Findings for John Maurer (PA 92- 022) will be held for correction of Section 3.1 and approved at this evening's meeting. TYPE II PUBLIC HEARINGS PLANNING ACTION 92-009 REQUEST FOR SITE REVIEW FOR A 26-UNIT CONDOMINIUM COMPLEX LOCATED AT 284 HERSEY STREET. APPLICANT: EARL KING STAFF REPORT This proposal was originally approved in 1988 for 27.apartment units. At this time, the applicant is proposing a 26-unit condominium complex. Each unit will be two-stories with approximately 865 square feet. Twenty-five percent of the units will meet. affordable housing. The units will be oriented around a large landscaped courtyard. Bicycle parking has been added. The pedestrian walkway network has been revised and all walks will eventually lead to Heresy Street. Noise mitigation measures will be taken for the area along the railroad tracks. Automatic sprinkler.systems will be included in each unit. McLaughlin showed a video of the property. Jarvis asked that Dennis Barnts' name be deleted from Condition 4 and 5 as someday these might be unenforceable conditions. PUBLIC HEARING I(�P QbL'y«d Sf. DON KIST, representing the property owner, has agreed to have 25 percent of the units in affordable housing. HELGA MOTLEY, 304 W. Heresy, is very concerned about the density in this area. The construction noises are also very disturbing. ASHLAND PLANNING COMMISSION 1 HEARINGS BOARD MINUTES MARCH 10, 1992 �1 f GARY BREWER, 209 W. Hersey, agrees that it is too dense and particularly with Ashland's drought. When this was first approved there was no density or water problem like there is now. Brewer also is concerned with construction noise, lights and traffic. The alley has been a problem for years. The alley is a minor street and the end of the alley is only about 12 feet wide (toward the Minute Market). Over the years,each development has brought more people up and Gown the alley to the Minute Market. The cars speed down the narrow alley. Also, cars park in the alley. Brewer would like to see units 6 through 14 eliminated and the parking lot moved away from the entrance into the complex to mitigate the noise, traffic and lights and"use the far end for RV storage or for extra vehicles and to landscape along the fence line. That would keep the noise contained in the middle of the complex. He does not want the condominiums at all. MEL CANAL, 240 Ohio, felt the density was extremely high. He agreed with Brewer's alternative. He is concerned with the tree that is close to the property line. Have any precautions been taken to maintain the tree? HELGA MOTLEY, lives right behind the tree that Canal mentioned. She has watched two large redwoods removed that she was told would be saved. She has seen a lot of destruction to some nice trees. EARL KING, 1309 Talent Avenue, Talent, said the tree that was mentioned is not on his property. He mentioned that they plan to spend $28,000 in landscaping. If units 6 through 14 are cut, it would be impossible under the new energy codes to get affordable housing. There is landscaping (shrubbery) along the street going in. The landscaping plan proposed is by Dale Goes. Jarvis noted the letter in the packet from Mrs. C. F. Quirk opposing the project. Carr is concerned about capacity (water and sewer, etc.). McLaughlin said the sewer plant is designed for a population of 35,000. The standards for sewage treatment are changing. Given the projected population growth, with minimal conservation measures, water needs can accommodated until the year 2010. Carr wondered if there was any way to request speed bumps for the alley. McLaughlin has consulted with Engineering and Public Works asking that if traffic levels and speeds increase in the future, could the alley be closed except to bikes and pedestrians. If the traffic increased through this construction, it could be closed to through traffic, however, it cannot be tied to the project at this time. Jarvis is concerned about the light glare and the impact of parking on the adjoining neighbors. It appears that the way the project is configured it would be difficult for the complex residents to get in and out the complex. ASHLAND PLANNING COMMISSION 2 HEARINGS BOARD " MINUTES MARCH 10, 1992 COMMISSIONERS DISCUSSION AND MOTION Carr feels the project is extremely dense and a cause for concern. Aesthetically, the design looks very institutional. Jarvis believes that under Condition 14, that the fence height be limited to a six foot high solid wood fence and also along the railroad side. Carr moved to approve PA92-009 with the attached Conditions. In Condition 4 and 5, delete Dennis Barnts' name and replace with "superintendent". In Condition 14, fence heights should be six feet. Jarvis seconded and the motion"was carried. PLANNING ACTION 92-031 REQUEST FOR A VARIANCE TO WAIVE THE PAVING REQUIREMENT FOR THE DRIVEWAY LOCATED AT 921 PINECREST TERRACE. APPLICANT: Kent Provost Site visits were made by all. STAFF REQUIREMENT The applicant has built a home and constructed a driveway from Pinecrest Terrace up to the residence. The driveway is approximately 300 feet in total length. The applicant is requesting that the paving requirements for the driveway, as required by ordinance and as part of the building permit, be waived. The applicant has also stated that he would be agreeable to the paving of the driveway in the future, should the remainder of Pinecrest Terrace be paved. Staff agrees that it may be best not to require paving of the driveway at this time and deferred until this section of Pinecrest Terrace is paved. At that time, the drainage issue could to be addressed. Staff measured the grade of the driveway with a hand-held instrument and found it to be 24 to 25 percent. Staff believes it should be brought to 20 percent grade. PUBLIC HEARING KENT PROVOST, wanted his wife Laura's name on the application too. Provost said they had an electrical scope put on the driveway and said it was around 20 to 21 percent. Since it was last scoped, more dirt has been back graded out. Southern Oregon Underground has been doing the grading and measuring. ED BEMIS, 398 Dead Indian Road, contractor for Provosts, agreed with the Staff Report, except for the grade measurement. ASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES MARCH 10; 1992 .1 � ASHLAND PLANNING DEPARTMENT STAFF REPORT March 10, 1992 PLANNING ACTION: 92-009 APPLICANT: Earl King LOCATION: 284 Hersey Street ZONE DESIGNATION: R-3 COMPREHENSIVE PLAN DESIGNATION: Multi-family Residential - High Density ORDINANCE REFERENCE: High Density - Multi Family 18.28 Site Design and Use Standards 18.72 REQUEST: Site Plan approval for the construction of a 26-unit condominium complex. I. Relevant Facts 1) Background - History of Application: In March 1988, the Planning Commission approved a Site Review for the construction of a 27-unit apartment complex (PA88-034). A one-year extension of that approval was granted in May, 1989 (PA89-067). A second extension was granted in July of 1990 (PA90-121). 2) Detailed Description of the Site and Proposal: This project involves the construction of a 26-unit condominium complex The site design of the project is almost identical to that of the previous approvals, with a few minor changes. The overall size of the project has been reduced from 27 units to 26 units. One of the units that was originally located in the courtyard area has been deleted. A more comprehensive walkway system has been indicated on the new plan. Also, sheltered bicycle parking has been included on the plan, as required by the recent changes in the Off-Street Parking ordinance. Bike racks are proposed to be located near the entrance, as well as at the rear of the lot adjacent to the common recreational area. II. Project Impact In April of 1991, the Ashland City Council amended the land use ordinance to allow for the construction of condominium units as an outright permitted use, subject to Site Review approval. Prior to that date, the approval of condominiums required a conditional use permit. � 7 The new proposal is essentially identical to the previous approval with the main exception being that the overall density of the project has been reduced by one unit. The parcel is just.under an acre in size and has a base density of 19.5 dwelling units. The proposal calls for a 25 percent density bonus for affordable housing, based on the standards established by the City Council. In addition, a 15 percent density bonus is being awarded for energy efficient design. The units have been designed around a landscaped courtyard. The courtyard will be landscaped with lawn, perennials and deciduous shade trees. Another recreational area will be provided along the railroad tracks, at the rear of the property. Outdoor seating will be provided in both areas either in the form of benches and/or picnic tables. In addition to the common recreational areas, each unit will have a 7' x 9' concrete patio. Staff would suggest that a revised landscaping plan be submitted indicating the design and layout of the irrigation system. We would suggest that some evergreens be planted between the units and the parking area in order to reduce the glare from headlights and help to break up the building facade. Some large canopy shade trees must be located along the west side of the parking lot, while additional conifers should be placed at the rear by the railroad tracks to provide screening year round. Staff believes that adequate capacity of city services exists to accommodate this proposal. City sewer, water and electricity are located adjacent to the site and are sufficient to serve the development. The proposal has access onto Hersey Street, which is a paved arterial with adequate capacity to accommodate the approximately 156 vehicle trips estimated to be generated by the project. Storm drainage from the parking area and from rooftops will be collected on-site and directed by underground pipe to the drainage ditch along the railroad tracks. Also, each unit will be equipped with an automatic residential fire sprinkler system III. Procedural - Required Burden of Proof The criteria for approval of a Site Review are found in Chapter 18.72 and are as follows: A. AM applicable City ordinances have been met and will be met by the proposed development. B. All requirements of the Site Review chapter have been met. C . site design complies with the guidelines adopted by the City Council for implementation of this chapter. PA92-009 Ashland Planning Department — Staff Report Earl Xing March 10, 1992 Page 2 D. That adequate capacity of City facilities,for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. IV. Conclusions and Recommendations Staff recommends approval of the application and requests that the following conditions be attached: 1) That all proposals of the.applicant be conditions of approval unless otherwise modified here. 2) That the requirements of the Ashland Fire Department be complied with, including the installation of an automatic residential fire sprinkler system in each unit. 3) That a:storm drainage plan for parking area be reviewed and approved by the City Engineering Division prior to issuance of a building permit.' 4) That a water line and meter plan for City water service be approved by Dennis Barnts of the Ashland Sewer and Water Department prior to issuance of a building permit. Each unit shall have a separate water service. 5) That a sewer line plan be approved by Dennis Barnts of the Ashland Sewer and Water Department prior to issuance of a building permit. Each unit shall have a separate sewer service. 6) That a revised landscaping plan indicating the layout of the irrigation system be submitted for review and approval by the Staff Advisor prior to the issuance of a certificate of occupancy. Revised plan to include evergreens planted between the units and the parking area (to reduce the glare from headlights and help to break up the building facade), large canopy shade trees located along the west side of the parking lot and additional conifers situated at the rear by the railroad tracks to.provide screening year round. 7) That 26 sheltered bicycle spaces be installed to the standards outlined in 18.92.040 (1) prior to the issuance of a certificate of occupancy. 8) That a berm or sound wall (minimum 2" solid wood or equivalent) be constructed along property line abutting the railroad tracks, blocking the line of site from the first floor of the units to the rails to a height of 6'10" above finished floor level. Also that the second story portion of the structures be designed such that the interior noise levels do not exceed 45 dBA during the passage of an average train. PA92-009 Ashland Planning Department — Staff Report Earl King March 10, 1992 Page 3 9) That a recycling area be provided for the residents of the development. 10) That the parking area be paved, striped and wheel stops installed prior to the issuance of certificate of occupancy. 11) That the landscaping be installed as per the approved plan prior to issuance of a certificate of occupancy. 12) That all trash receptacles be screened by site obscuring fencing material. 13) That a blanket easement on the property for electric utilities be provided. Easement to be provided in buildings for wiring. Owner responsible for excavating, backfilling, compaction, providing protection for transformer and installation of pull boxes. Transformer location to be approved by the City Electric Department. 14) That the parking area be adequately screened by a 5'-6' high solid wood fence. Screening to be installed along the eastern side of the parking area. Also, that a T-6" solid wood fence be installed along the south side of the first two compact spaces at the entrance to the development. 15) . That a 3' wide concrete walkway be provided from Hersey Street to the entrance of all units. 16) That the relocation of the irrigation ditch be done to the approval of the Watermaster and the Director of Public Works and that a public utility easement to be granted along the new route of the relocated irrigation line. 17) That a sidewalk be installed along the Hersey Street frontage prior to the issuance of a certificate of occupancy. 18) That the applicant enter into an agreement with the City of Ashland guaranteeing that 25 percent of the residential units are affordable for moderate income persons in accord with the standards established by resolutiorr of the Ashland City Council through procedures contained in such resolution. The City of Ashland will prepare the agreement to be signed prior to the issuance of a building permit. PA92-009 Ashland Planning Department — Staff Report Earl King March 10, 1992 Page 4 �zd Notice is hereby given that a PUBLIC HEARING the decision makeran opportunity to respond to the issue,precludes your right on the following request with respect to the ofappeal to the Land Use Board of Appeals(LUBA). Pailurctospecifywhich ordinance criteria the objection is based on also precludes your rightof appeal. ASHLAND LAND USE ORDINANCE will be held A copy of the application, all documents and evidence relied upon by the before the ASHLAND PLANNING COMMISSION applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost,if requested. A copy of the staff report will bo HEARINGS BOARD onthe 12TH DAYOFJUNE, available for inspection Seven days prior to the bell ring a nd wi 11 be providcd at 1990 AT- 1:30 P.M. at the ASHLAND CIVIC PlannringlDepartment,CiyIfall,20 East Main Ashland.ORa97520.Ashland CENTER, 1175 East Main Street, Ashland, Duringthe Public Hearing,the Chairshall ailowteslimony from the applicant Oregon. and those in attendance concerning this request.The Chairshall have the right tolimlt the Icngthof lestimony and require dlat comments be restricted to the applicable criteria. The ordinance criteria applicable to thisappliestion arc attached to this notice. Oregon lawstates that failure to raise an objection concerning this application, 'If you have anyquestionsorcommenis concerning this request,please feel free eilherin person or by letter,or failure to providesufftcienl specificity to afford to contact Susan Yates at the Ashland Planning Dcpartmehl,Gtyl Tall,atg88- 5305. 5/+�1 Ravi ew '/)ia v\S \ O V d� \ . I ccnon.n.. I V Yj( I---Wa)ooS Z< i �• _ p � ��f�oN \\,ffl}• a II �. \ CATALINA „NURSE SUSA IN . `f. ' - - SITE PLAN e — �- • �NERSEY ST •=; PLANNING ACTION 90-121 is'a request for an extension of a previously approved site review for a 27-unit apartment complex located on the lot between 298 and 268 Hersey Street. Comprehensive Plan Designation: High 'Density Residential; Zoning: R-3; Assessor's Map #: 4CB; Tax Lot: 2303. APPLICANT: AI Teitelbaum CITY OF ASHLAND ; ' CITY HALL ASHLAND.OREGON 87520 telephone(code 503)482-3211 July 13, 1990 RE: Planning Action # 90-121 Dear Al Teitelbaum At its meeting of June 12, 1990 the Ashland Planning Commission approved your request for an Extension of Previously Approved Site Review forthe property located on lot between 298 and 268 Hersey Street Assessor's hfill) ¢# 39 IE 4CB Tax 1_01(s) 2303 The Findings of Fact and the Commission's Orders, which were adopted at the July 10. 1990 meeting, are enclosed. Please note the followi 1g circled itcu1s: 1. A final map prepared by a registered surveyor must be submitted within one year of the date of preliminary approval; otherwise, approval becomes invalid. 2. A final plan must he submitted within 1S months of the date of preliminary approval; otherwise, approval becomes invalid. 3. Theme is a 15 clay appeal period which Must elapse before a Building Permit may be issued. 04. All of the conditions imposed by the Planning Commission must be fully met before an occupancy permit may be issued. 05- Planning Conunission approval is valid for a period of one year only, after which time a new applic:uion would have to be Submitted. Please feel free to call me at 488-5305 if you have any (luestions. Sin vy� l AA John Mc auglhlinl-� / Senior 1) ner I JMc/sa Enclosure(s) �Zlz ASHLAND PLANNING DEPARTMENT STAFF REPORT June 12, 1990 PLANNING ACTION: 90-121 APPLICANT: Earl King LOCATION: between 298 and 268 Hersey Street ZONE DESIGNATION: R-3 COMPREHENSIVE PLAN DESIGNATION: High Density Residential ORDINANCE REFERENCE: 18.72 Site Review REQUEST. Extension of a previously approved site review for a 27-unit apartment complex I. Relevant Facts 1) Background - History of Application In March 1988, the Planning Commission approved a Site Review for the 27-unit apartment complex (PA88-034). A one-year extension of that approval was granted in May, 1989. 2) Detailed Description of Site and Proposal: The project is the same as originally submitted in 1988. II. Project Impact Normally, extensions are.granted at the Type I level. This generally applies to the first extension request, and may apply to a second request if there have been no substantial changes in the ordinances or Commission interpretations of,the ordinances. Staffs only concern in this application involves the sound attenuation along the " railroad tracks. This application was one of the flat processed that included a condition.to mitigate sound associated with the railroad. Since the .time of this approval, Staff has refined the sound attenuation requirements and we would like to include those as a revised condition of the approval. III. Procedural - Required Burden of Proof The criteria for approval of a Site Review are found in 18.72 and are as follows: �3 A. All applicable City ordinances have been met and will be met by the proposed development. B. All requirements of the Site Review chapter have been met. G The site design complies with the guidelines adopted by the City Council for implementation of this chapter. IV. Conclusions and Recommendations Staff believes that the design of the complex is still in compliance with the criteria for approval of a site review, but we would recommend that following conditions be added to the approval: . 1) That Condition 10 of the original approval (PA88-034) be modified as follows: That a berm or sound wall.(minimum T solid wood or equivalent) be constructed along property line abutting the railroad tracks, blocking the line of site from the first floor of the units to the rails to a height of 6'10" . above finished floor level. Also that the second story portion of the structures be designed such that the interior noise levels do not exceed 45 dBA during the passage.of an average train. 2) Tbat all other conditions of the original approval (PA88-034) shall remain valid. PA90-121 Ashland Planning Department - Staff Report Earl King June 12, 1990 Page 2 BEFORE THE PLANNING COMMISSION June 12 , 1990 IN THE MATTER OF PLANNING ACTION #90-121, REQUEST FOR AN) EXTENSION OF A PREVIOUSLY APPROVED SITE REVIEW FOR A 27 )FINDINGS, UNIT APARTMENT COMPLEX LOCATED ON THE LOT BETWEEN 298 ) CONCLUSIONS AND 268 HERSEY STREET. ) AND ORDERS APPLICANT: AL TEITELBAUM ) ) RECITALS: 1) Tax lot 2303 of 391E 4CB is located on the lot between 268 and 298 Hersey Street and is zoned R-3 ; Multi-Family Residential. 2) The applicant is requesting an extension of a previously approved Site Review for a 27-unit apartment complex. Site improvements are outlined on the site plan on file at the Department of Community development. 3) The criteria for Site Review approval are found in Chapter 18 . 72 and are as follows: A. All applicable City ordinances have been met and will be met by the proposed development. B. All requirements of the Site Review chapter have been met. C. The site design complies with the guidelines adopted by the City Council for implementation of this chapter 4) The Planning Commission, following proper public notice, held a Public Hearing on June 12, 1990, at which time testimony was received and exhibits were presented. The Planning Commission approved the application subject to conditions pertaining to ,the appropriate development of the site. Now, therefore, The Planning Commission of the City of Ashland finds, concludes and recommends as follows: SECTION 1. EXHIBITS For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony will be used. Staff Exhibits lettered with an "S" Proponent's Exhibits, lettered with a "P" Opponent's Exhibits, lettered with an 110" Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an 1IM11 SECTION 2 . CONCLUSORY FINDINGS 2 . 1 The Planning Commission finds that it has received all information necessary to make a decision based on the Staff Report, public hearing testimony and the exhibits received. 2 .2 The Planning Commission ' finds that the request for an extension of a previously approved Site Review for a 27-unit apartment .complex still is in compliance ' with the criteria for approval of a Site Review found in chapter 18.72 . SECTION 3. DECISION 3 . 1 Based on the record of the Public Hearing on this matter, . the Planning Commission concludes that the request for an extension of a previously approved Site Review for a 27-unit apartment complex is supported by evidence contained in the record. Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we approve Planning Action #90-121. Further, if any one or more of the conditions below are found to be invalid, for any whatsoever, then Planning Action #90-121 is denied. The following are the conditions and they are attached to the approval: 1) That Condition ,10 of the original approval (PA88-034) be modified as follows: 'That a berm or sound wall (minimum 2" solid,wood or equivalent) be constructed along property line abutting the railroad tracks, blocking the line of site from the first floor of the units to the rails to a height of 6110" above finished floor level. Also that the second story portion of the structures be designed such that the interior noise levels do not exceed 45 dBA during the passage of an average train. . 2) That all other conditions of the original approval (PA88-034) shall remain valid. 3) That. a recycling area be provided for the residents of the development. 4) That bike parking be provided as per the newly adopted standards. ( � OteP1 nn g Commission Approval a - DICK JACKSON, 583 Normal Avenue, pastor of the church, stated that there could be up to ten vehicles during the periods requested. OSCAR BJORLIE, 611 Normal Avenue,,has owned Lots 600 and 1200. Never in 40 years has there been excess noise or traffic problems. There was.a call from Mike Hillenga requesting that the visitors use their own trash receptacles. A correction to Condition 2 should be Tax Lot 800. COMMISSIONERS DISCUSSION AND MOTION Powell moved to approve PA90-106 with the added condition that the applicant control refuse on the site and contain on their own property. . Morgan seconded the motion and it was carried unanimously. PLANNING ACTION 90-121 REQUEST FOR AN EXTENSION OF A PREVIOUSLY APPROVED SITE REVIEW FOR A 27-UNIT APARTMENT COMPLEX LOCATED ON THE LOT BETWEEN 298 AND 268 HERSEY STREET. APPLICANT: AL TEITELBAUM Site visits were made by all. STAFF REPORT This action was approved in 1988 with an extension in 1989. Staff has modified a . condition from the original application to include a sound wall (refer to Condition 1). PUBLIC HEARING DON RIST, 310 Bridge Street, represents Teitelbaum and could see no problem with . ... the added condition nor with adding conditions requiring recycling and bike parking. COMMISSIONER DISCUSSION AND MOTION Morgan moved to approve PA90-121 with the attached Conditions and add Condition 3 that a recycling area be provided for the residents and Condition 4 that bike parking as per the transportation code be added. Powell seconded the motion and it was carried unanimously. TYPE 1 PLANNING ACTIONS ASHLAND PLANNING COMMISSION HEARINGS BOARD _ - - MINUTES JUNE 10,1990 - �f7 ASHLAND PLANNING COMMISSION FINDINGS & ORDERS May 10, 1989 PLANNING ACTION 89-067 is a request for an extension of a previously approved Site Review for a 27 unit apartment complex to be located on the lot between 298 and 268 W. Hersey Street. Comprehensive Plan Designation: High Density Residential; Zoning: R-3; Assessor's Map #: 4CB; Tax Lot #: 2303. APPUCANT: Al Teitelbaum On Wednesday, April 26, 1989, at 8:30 a.m., an administrative hearing was held in the Planning Office to review this application. In attendance were Acting Planning Director Dick Wanderscheid,Assistant Planner Bill Molnar and Associate Planner John McLaughlin serving as Hearings Officer. McLaughlin stated that this application was approved as a Type I planning action in May, 1988, approving a Site Review for 27 apartment units. Wanderscheid asked if the applicant was requesting any modifications to the approved plan McLaughlin stated that the applicant was only requesting an extension, and that no other changes were proposed. He also stated that no changes in the ordinances relating to this review bad been changed. McLaughlin then found that the application was still in compliance with all criteria for approval of a Site Review and that a one-year extension would not negatively impact the previous approval. Based on our overall conclusions and on the proposal being subject to each of the following conditions, we approve Planning Action 89-067. Further, if any one or more of the following conditions are found to be invalid for any reason whatsoever, then Planning Action 89-067 is denied. The following are the conditions and they are attached to the approval: 1) That all conditions from PA88-034 shall remain valid. If no appeal is filed, this request will become final when reviewed by the Ashland Planning Commission on April 10, 1989. Yhn Frego ese, Planning Director Date 7� The Ashland Planning Dt, atment preliminarily approved this . ..quest on April 26, 1989. Questions concerning this request should be directed to the Ashland Planning Department located in the City Hall, or by calling 488-5305. This request will be reviewed by the Ashland Planning Commission Hearings Board at its MAY 10TH 1989 MEETING AT 8:00 A.M. at the Ashland Civic Center, 1175 East Main, Ashland, OR.' Any affected property owner or resident has a right to request, AT NO CHARGE, a hearing before the Ashland Planning Commission on this item. To exercise this right, a written request must be received in the Planning Department prior to 3:00 p.m. on May 8, 1989. However, if you do not specifically request a public hearing by the time and date stated above, there will be no public testimony permitted before the Planning Commission. If a public hearing is requested, it will be scheduled for the following month. The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application, either in person or by letter, precludes your right of appeal. Failure to specify which ordinance criteria the objection is based on also precludes your right of appeal. If you have any questions or comments concerning this request, please feel free to contact the Ashland Planning Department, City Hall, at 488-5305. PIt g9 - o '7 s I -e, FZa v; e vJ 4�O ExFcws', oV. ,• WOODS _ y4� 1,a4'701V :s I _.HOSPIrA C I - NURSE • = ALINA -}ice' SUSA LN. 99 ,e IE Sr. " i0 1 k � l• SITE PLAN ��RSEY S r PUNNING ACTION 89-067' is a request for an extension of a previously approved Site Review for a 27 unit apartment complex to . be . located on the lot between 298 and 268 W. Hersey Street. Comprehensive Plan Designation: High Density Residential: Zoning: R-3 ; Assessor's .Map #: 4CB; Tax Lot: 2303 . Applicant: Al Teitelbaum `/� y ALBERT TEIT J AT M Real Estate • Management • Investments 4267 MARINA CITY DRIVE - SUITE W-1114, MARINA DEL REY, CA 90292 Telephone(213)822-0673 March 31, 1989 City of Ashland Planning Department Ashland, Oregon Gentlemen: The fluctuations in the interest rates have created problems for me in securing a construction loan at a rate that I can .support. I would appreciate an extention of my building permit as approved by you previously. As you will note everything was checked and approved by you when original permit was approved. We will not request any changes from what you had already approved. Thank you for your help, I am Sincerely yours AL TEITELBAUM P.S. Check for $150. 00 is enclosed 50 ASHLAND PLANNING COMMISSION FINDINGS AND ORDERS March 30, 1988 PLANNING ACTION 88-034 is. a request for a Site Review for a 27 unit apartment complex to be located on the lot between 298 and 268 W. Hersey Street. Comprehensive Plan Designation: High Density Residential; zoning: R-3; Assessor' s Map: 4CB Tax lot: 2303. APPLICANT: Al Teitelbaum On March 15, 1988 at 10 am an administrative hearing was held in the Planning Office to review this application. In attendance were Earl, King, Bruce Abeloe, John Fregonese serving as Hearings Officer, and Associate Planner John McLaughlin. Al Williams, of the Electric Department, also attended the first portion of the hearing. Fregonese- noted that this request was only for a Site Review and that no variances were being requested. He reviewed the Site Plan and initially looked at the recreational and open space. Abeloe, the architect for the project, explained the open space and recreational space calculations he had submitted. McLaughlin stated that the interior floor space of the units was 864 sq. ft. per unit, and for 27 units the requirement for open space would be approximately 5832 sq. ft. Fregonese analyzed the site plan and found that the open space and recreational space requirements had been met, specifically by the open space near the railroad tracks, the central courtyard areas, and with the private yard spaces of each unit. Fregonese stated that the number of parking spaces met the code requirement in total, and that the number of compact spaces met the 408 criteria, along with the required handicapped spaces. Fregonese then reviewed the Guidelines, specifically the recommendations for orientation and design, and found that the units orientation was of a good design, and that the choice of trees initially presented, as well as their location, was good. A review of the submitted landscaping plan followed, and Fregonese suggested that some of the landscaping between the units and the parking area be modified. Abeloe and King agreed, also explaining the grade changes between the parking lot and the units and how that will help mitigate problems with car headlights. Fregonese suggested that the perennials be moved to the inner court area and that the mugo pines and other evetgreens be moved nearer the parking area. King agreed and stated that he would submit a revised plan. Landscaping coverage by lawn met the 508 requirements. Fregonese then studied the siding and roofing materials. Abeloe stated there would be horizontal siding and King stated that it s� would actually bE -1-11 siding. Concerning )lors, King stated that he was not aware that he had to submit samples, but that the siding would be painted a gray, with white trim, and the roofing mate.rial would be composite with charcoal gray color. Al Williams then discussed the transformer placement. He and Abeloe discussed options and well as where to gang electric meters. These changes were noted by Williams and he found them to be acceptable. Abeloe submitted a grading plan for the lot, with final grades for the parking area and the building area. Fregonese then discussed the lighting standards and informed the applicants that lights could not shine onto adjacent properties. Fregonese further reviewed the site plan for compliance with the Site Design Guidelines and the criteria for approval , which are: A. All applicable City ordinances have been met and will be met by the proposed development. B. All requirements of the Site Review chapter have been met. C. The site design complies with the guidelines adopted by the City Council for implementation of this chapter. Fregonese found that. the applicant' s site plan adequately met the the above criteria. Based on our overall conclusions and on the proposal being subject to each of the following conditions, we approve Planning Action 88-034. Further, if any one or more of the following conditions are found to be invalid for any reason whatsoever, then Planning Action 88-034 is denied. The following are the conditions and they are attached to the approval: 1) That a site, size, and species specific landscaping plan be submitted for review by the Tree Commission and Staff Advisor prior to expiration of the appeal period. Plan to .be subject to any modifications deemed necessary by the Staff Advisor. Plan to include summary of common open areas and private outdoor spaces.' 2) That the existing Ashland Creek irrigation line on the property be maintained in an open 'and operating condition. Maintenance shall be the responsibility of the property owner. Relocation and/or culverting shall be done only after contacting the Watermaster' s Office. 3) That the parking area be paved,striped and wheel stops installed prior to occupancy of the units. 4 ) That the landscaping be installed as per the approved plans prior to occupancy. 5) That two street trees be installed along the Hersey St. frontage prior to occupancy. Also that a minimum of 5 trees be provided in the parking area for shading. 6) That the site plan be revised to show structural connections between buildings, or that the site plan be modified to allow a minimum of 12 ' between principal buildings. 7) That the parking area be adequately screened by a 5 '-6 ' fence. Screening to be all along the eastern property line, and the western line abutting the parking area . 8 ) That all information required on the energy checklist be provided prior to building permit application, and be reviewed by the Energy Conservation Coordinator. ) and one in the tHersey dSt. rightf of ewayapriorbtoltheacommencement of construction. Hydrant locations to be determined by the Fire Department. 10 ) That sound attenuation measures be taken for units 1-6 . These measures to include structural means to reduce railroad noise. All measures to be approved by the Staff Advisor prior to building permit issuance. Wall to have STC rating of 35 or greater, with no more than one glazing. 11) That all trash areas be screened by a site obscuring fencing material. 12) That the installation of electric service be done to the satisfaction of the City Electric Department, including the placement of transformers. . 13) That sewer and water service be coordinated with the Public Works Department, and that any sewer service under the railroad tracks be done only after receiving approval for Southern Pacific Railroad. 16) That the construction of the driveway approach to Hersey St, be coordinated with the Public Works Department to ensure proper grades prior to the improvement of Hersey St. 17) That a fence or hedge be installed along the northern property line between the parcel and the railroad tracks. 18) That all lighting be adequately directed so as to not shine on to adjacent properties. S3 Xhe Ashland Planning Department preliminarily approved this request on March 15, 1988. Questions concerning this request should be directed to the Ashland Planning Department located in the City Hall , or by calling 488- 5305! This request will be reviewed and approved by the Ashland Planning Commission at its March 30, 1988 meeting. Any affected property or resident has a right to request, AT NO CHARGE, a hearing before the Ashland Planning Commission on this item. To exercise this right, a written request must be received in the Planning Department prior to 3:00 p.m, on March 28, 1988. However, if you do not s ecificall _ re uest a ublic hearin by the time and date stated above, there�no I unlic testimony permitted before the Planning Commission and will become effective March 30, 1988. If a public hearing is requested, it will be scheduled for the following month. The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application, either in person or by letter, precludes your right of appeal . Failure to specify which ordinance criteria the objection is based on also precludes your right of appeal . If you have any questions or comments concerning this request, please feel free to contact the Ashland Planning Department, City Hall , at 488- 5305. ,1,;6oQo r. SL °j, rr ll� u [. n H n c — •ricer ' SITE PLAN H6f �, ST _ PLANNING ACTION 88-034 is a request for a Site Review fo.r a 27 unit apartment complex to be located on the lot between 298 and 268 W. Hersey Street. . Comprehensive Plan Designation: High Density Residential: Zoning: R-3; Assessor's Map: 4C8; Tax Lot: 2303. APPLICANT: Al Teitelbaum & Earl King SS If no appeal is filed, this request will become final when reviewed by the Ashland Planning Commission on March 30, 1988. Joh Fregone e, P anning Director __ x,23-3 Date r of Arnturantium August 30, 1993 Brian Almquist, City Administrator Wram: Steven Hall, Public Works Director Proposed Strawberry Lane Sewer LID ACTION REQUESTED o 1. City Council open public hearing and accept testimony from those present in the audience. 2. City Council continue public hearing until October 5, 1993 regular council meeting. BACKGROUND At the regular council meeting of July 20, 1993, the council adopted a resolution of intent to form the proposed sewer LID by resolution and setting the public hearing date for September 7, 1993. Unfortunately, the official notice of the hearing was not sent to the property owners as required by the Ashland Municipal Code. Official notice will be sent within the next few days meeting the requirements of the code. The council requested me to send a notice to each property owner in the proposed LID to reinforce the fact that the completion of the sanitary sewer and the NW Water Project would not allow further subdivision or partitioning until streets and related facilities were constructed to city standards.The attached"Statement of Understanding" was sent to all participants in the proposed LID. As of August 30, 1993, I have received signed copies from 4 of the property owners representing about 56%" of the LID. SMH:nnTVASMbyL1D.mmi cc: Jim Olson, Assistant City Engineer All LID Participants encl: Letter w/notice of hearing August 30, 1993 Dear You have received a letter from me requesting you to sign a "Statement of Understanding" in reference to further development of your property. Within that letter I noted that you would be receiving a "Notice of Public Hearing" in the near future. Unfortunately, the official notice was not mailed and will cause a delay in the public hearing until October 5, 1993. Attached to this letter is your notice of public heaing for that date. I apologize for this delay and hope that it does not cause you any problems. Two of you have sent written correspondence on the proposed LID and each of you may appear in person or submit comments in writing. The hearing will be opened on September 7, 1993, but, because of the lack of proper notice will be continued until the October 5, 1993 date for a final 'council decision. Sincerely yours, Steven M. Hall, P.E. Public Works Director encl: Notice of Hearing NOTICE OF PUBLIC HEARING The City Council of the City of Ashland will meet on October 5, 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 Brian Almquist, City Administrator Steven Hall, Public Works Director Strawberry Lane Sanitary Sewer LID COMPOSITION OF STRAWBERRY LANE EXHIBIT "A" SEWER L.I.D. Page 113 'Notice of Public Hearing Strawberry Lane Sanitary Sewer LID Tax Percentage of In Favor Map No. Lot Assessment of L.I.D. Ownership 39-IE-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 39-1B-8AC 200 16.28% yes Doug Neuman 1 Reed Slatkin 4240 Clayton Road 39-1E-8AC 201 14.64% yes Tracy A. Darling 490 Strawberry Lane 39-IE-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 g 3dSS/lxw'-Z8Z8111 49666 ��NtiG�l' G 39-lE-8BD 100 5.79% yes City.of Ashland 100.00% 30 June 1993 - Page 2 Proposed Strawberry Lane Sanitary Sewer L.I.D. a a •i hE" V' d' O\ O �O 00 V1 O N 00 kn O� V O vl "t rn a 0o h m m N N O H M [- �O V h � N V t` O N = a d � O oo t` N M M c R 69 6q 64 69 6q 6s V) 4l 6q 69 N rz o 0000 ° O ° ° ° O p 0000 p o m m 00 v �t o t C` V N 00 00 00 C) v oo v� M vrn ono pO O 0 6s 69 6s 6q O O O O O O O O O O O O O O O O O O O O O O O O� �A fH 69 69 69 69 fA 69 69 . N W C 00 00 .� N C` U O V �t tn •CQ h U„ �"' H b C` 00 M to 00 00 O O cz C4 O . E T W M M 00 C� [� %O h V1 to M -+ 0y u L y0 C` .... O H h O 6s �-+ 6s V) 69 '6s 6�s ° 66ss to •3 tai] ti a w 0 u, 69 6q y Q is U W o E ° 3 ti T N O O O O O O O O O � O O O O O O O O O H CO D'�"' N N N N N N N N N rr .-> h C 69 69 69 'EH 69 6s 6s 6s 6s ry o W wow a (D EL (D b rn o ° cn cn 00 D o rn y N et N O y M. i.. - ON o0 N �O O �O 6"� O O t` N O C .0 0 N H U E a N y (L C O y oo r- 00 m rn" M N an, rn o 4c y H H N W N 00 _ 00' r • 00 N N m n M Cl) m N oo O h . _ - �N T .J O 'n O O O O O "0 00 m O O O O O O O O O 0 .-1 Q Q Q Q Q Q Q x 00 00 00 00 00 00 w 00 00 f"' •p 9 F W U] W W W W W W W 0 M M M M M M (ck+1 M C�11 v F t°'i P. a O z w a � g L. y C � • —• \ 4Is C rn LO cc •� S Q 'i w J Z 7 Y 1i � \ LLJ j N •\- �,1 W ? � � B Y 8 J •\ W O Z a Z N z U O Q > _ U Z Q w : W LL w i Z m .. z J f°- U)i a i 0 m W p M g a fn ui Ir O ¢ s+ LU LU LO x a j 3 1 T 3 U 2.'jj- - LO .r 0 7 Y H n Y Y c uj 7 U 7 y n A. '•,p4EGO, r August 30, 1993 \11 Q: Brian Almquist, City Administrator �rQItI: Steven Hall, Public Works Director p�1t�ljPCt: Public Hearing-Wetlands Options ACTION REQUESTED City Council continue public hearing until September 21, 1993 meeting: BACKGROUND Rob Winthrop, Klaas Van De Pol and I met with John Davis, Bob Gearheart,John Yamall,John Hoh-oyd and Steve Celeste in Eugene to finalize the wetlands option. Because of the complexities of the issues and a possible other wetland alternative, John Davis said he would have the report completed by September 14, allowing a week for review by interested parties. Since the City Council accepted Anne Squier's pro posal to study the issues and delay the selection of a preferred alternative for the facility plan, staff is anticipating recommending that the City Council accept the Wetlands Addendum to the Facility Plan and set aside the selection of a specific alternative until the completion of the discussions between Ashland and the involved state agencies. SMH:m\Sewer\W dnds\I'ubHre I.mem cc: Klaas. Van De Pol, Citizen Representative Greg Williams, Citizen Representative John Davis, Woodward-Clyde Consultants Bob Gearheart, Hydro Resources International John Yamall, Westech Engineering John Holroyd, Brown and Caldwell Consulting Engineers Steve Celeste, Brown and Caldwell Consulting Engineers Gary Schrodt, Ashland Wetlands Coalition of Ash`,,% m �t y�} u '•.GREGGa •' - June 30, 1993 VIII. Honorable Mayor and City Council rum: Brian L. Almquist, City Administra®r - S 1IIIjE 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 predudes 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 $9,000. (d:%rian%.ngsprd.M=) City Attorney City of Ashland (503) 482-3211, Ext. 59 MEMORANDUM July 15, 1993 TO: Mayor and City Council FROM: Y" Paul Nolte SUBJECT: Wingspread Mobile Exchange of Property The sale of city property to Wingspread is controlled by ORS 221.725, where a public hearing and disclosure of value are required. This process was initiated at the last council meeting. The question of exchange of property came up (exchange for a strip along Clay Street for pedestrian travel). This exchange of city property is controlled by ORS 271.310, .340, and .350. No public hearing is required; however, the value of the two properties must be equal, or the value plus cash must be equal. Appraisers must be utilized with the cost of the appraisals to be split between the parties. Wkccundl\winpsPrd.me ) ORDINANCE NO. AN ORDINANCE AMENDING SECTION 9 . 08. 040.E OF THE ASHLAND MUNICIPAL CODE TO ALLOW POT BELLIED PIGS IN THE CITY. ANNOTATED TO SHOW DELETIONS AND ADDITIONS. DELETIONS ARE TINED-THROUGI= AND ADDITIONS ARE SiiAII$D:. FOOTNOTES ARE EXPLANATORY ONLY AND NOT PART OF THE ORDINANCE. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 9 . 08 . 04O.B of the Ashland Municipal Code is amended to read: 9 . 08. 040 Keeping of Animals. A. Except as otherwise permitted by ordinance, no person shall keep or maintain more than three (3) dogs over the age of three (3) months on any one (1) parcel or tract of land. person shall keep or maintain swine Natwi.thstandang the preceding sentence or the grouasxons of section iB 20 Q20', ltcepaxtg or ma nta3n3ttg swzre commonly rePerxed to as M.In.. ore tiletnam;�:se, C�snese, _ or Oriental pot- beSiied prigs (sxzs scrota vl.ttat�IS) as a'llawed;l subject to the £ollow�.ng: 1 Such pigs sha13 not; exceed a maximum height of 18'. inches €at the ::shoulder ar wei.gh more trian 95 pou#�ds. 2 Na nt©re than one such pig::shall be kept at any one. parcel or tract o£ land. 3 ::Such p�.qs shall a Be canf�ned by fence; leash. ar abediel;ce tralnz,r'g to the pr©pierty of the person keeping: zxr maintaining tihem err to the ra gray n£ �nather �.� snot otlt!er pe�satk has gi�+`eM expressi permission,, canfaned toi a car;:or trunk wheat a££; pr©gerty where atherzise confinerl, or d. B.e on a;; leash not longer th..an £eet length. 4 Such pigs shs11 have access to an enclosed structure sufficaent to protect them from wend, rain:, snow';or sun and which h s:' adequate bedd.ng tcti protect qa ttst ecsld and AMC § 18 . 20. 020.D is the only other mention of swine in the code. This section permits in the R-1 zone: "D. The keeping of livestock, except swine, provided that: 1. No livestock shall be kept on any lot less than one (1) acre in area. 2 . No more than two (2) head of livestock over the age of six (6) months may be maintained per acre. 3 . Barns, stables, and other buildings and structures to house said livestock shall not be located closer than 'fifty (50) feet to any property line. " (Emphasis added. ) dampness; Confinement areas must jbe kept clean'; and free frcn waste or'othex ?contamjnants ', "` 5 Notwithstanding any" pf the ;above, ; no such pig €shall ba �31csw�d an any .P"ask,`. C: No person shall keep or maintain poultry within seventy-five (75) feet of another dwelling. D. No person shall keep or maintain rabbits. within one hundred (100) feet of another dwelling or within seventy-five (75) feet of a street or sidewalk. E. No person shall keep or maintain a bee hive, bees, apiary, comb, or container of any kind or character wherein bees are hived, within one hundred fifty (150) feet of another dwelling or within one hundred fifty (150) feet of a street or sidewalk. F. No person shall keep or maintain a stable within one hundred (100) feet of another dwelling. G. Where the conditions imposed by subsections (B) to (F) of this section differ from those imposed by another ordinance, the provision which is more restrictive shall control. City Attorney City of Ashland (503) 482-3211, Ext. 59 MEMORANDUM July 21, 1993 TO: The Mayor and Council FROM: Paul Nolte SUBJECT: Attached Ordinance of the City of Ashland Amending Chapters 2.50 and 2.52 of the Ashland Municipal Code to Update Competitive Bidding Procedures and Bidder Qualification Requirements The attached ordinance is being sent to you at this time pursuant to Article X of the municipal charter. This charter provision permits reading the ordinance by title only when council members are provided a copy one week in advance of the meeting. Attachment cc: Brian Almquist Mike Biondi Jill Turner Nan FrankliTI s) (s:lcounciNab.mem) ORDINANCE NO. AN ORDINANCE OF THE CITY OF ASHLAND AMENDING , CHAPTERS 2.50 and 2.52 OF THE ASHLAND MUNICIPAL CODE TO UPDATE COMPETITIVE BIDDING PROCEDURES AND BIDDER QUALIFICATION REQUIREMENTS. ANNOTATED TO SHOW DELETIONS AND ADDITIONS. DELETIONS ARE LINED4 IROWGH AND ADDITIONS ARE S lAI3E0. FOOTNOTES ARE EXPLANATORY ONLY AND NOT BART OF THE ORDINANCE. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.50 of the Ashland Municipal Code is amended to read as follows`. Chapter 2.50 LOCAL PUBLIC CONTRACT REVIEW BOARD Sections: 2.50.010 Contract Review Board 2.50.020 Definitions 2.50.030 Competitive Bids--Exemptions 22.50.040 Emergency contracts 2.50.060 Bid reje%E)A*#'u It bifid�t g.rules 2.50.070 BiddeF disqualifie Pr1bEIG�rrt rctVement cotrat' Ces 2.60.080 Appeal ef disqualifieatk�n 2.50.090 Additional Authority of the Board 2.50.010 Contract Review Board. The City Council of the City of Ashland is hereby designated as the local Contract Review Board and, relative to contract concerns, the City Council of the City of Ashland shall have all the powers granted to the State Public Contracts Review Board. 2.50.020 Definitions. Tt3e �taHismrzg �crr�s�d�€�rasea vrh�ngYer usgc��:�this�ttapter sfaj�be,�ciristrue�f as defn��Sri this saGtlon u�t�ss f�"arr�#t���rtte����t#�r�tt„m� [��„�snd� A. Public contract. Any purchase, lease or sale by the City of Ashland of personal property, public improvements or services, other than agreements which are exclusively for personal service. ' B. Public improvement. Any eeRStRzIetieA Of il'Affevements in Feel pmpei4y I1t'GiS fipr tgtfiStCi[tlgt3,tC GfC3StC�i t # 03 Fe�� rcrta :nnst praeF b± rdrht� dshlanc ub1�c�ttr�s��!�It�ar����o�s PAGE 1-ANNOTATED ORDINANCE Ipwducrb.o,diwuiv 21. 19931 ,�i��t'try/cl�de�ert�brgen��`y`�'wAcfE,4`mlr�drraiteretcprt, ordmar�;repatr�pr,ma�ntenance �lr�ces�ary,1�,�� ,e„�t �pfase�t?�e`a����lic,�rnprQ�ie�nent . C. Board. The Local Contract Review Board as established in Section 2.50.010 ef this ehapteF. t7s)=rftY i s hat oqu� nGrGm n e y EgrS�en # "at`Cr ate R SbU t-601als�ts tit IOS ; d�nt2ge, �nterrupt,on of set+i[c es or tf�reatta the - ..w . iiE�liq'tieatth'pGS33ety that rues prompt exeGUf)on of a cgntragt to rEmdy the COT1f�f10 2.50.030 Competitive bids—Exemptions. A All contracts shall be based upon competitive bids except-tntKaGts eXpfessEy exCtutled by Stattt3,Ar eXrt�pied 2s provided 3n 2,�(I{3�Q.B M unieipal Gede. B. The GentFaet Review Board may by resolution exempt other contracts from competitive bidding if it finds: 1. The lack of bids will not result in favoritism or substantially diminish competition in awarding the contract; and 2. The exemption will result in substantial cost savings. ) ORS 279.011(7) 2 ORS 279.011(4) 3 The statutes currently exempt: - 1. Contracts made with other public agencies- or the Federal Government. [ORS 279.015 (1) (a) ] 2. Contracts made with qualified nonprofit agencies providing .employment opportunities for. disabled individuals [ORS 279.015 (1) (b) ] 3 . Insurance and service contracts as provided for under ORS 414 . 115, 414 . 125, 414 . 135 and 414 . 145. [ORS 279 . 015 (1) (e) ] 4 . Contracts where emergency conditions require prompt execution of the. contract. [ORS 279 . 015 (3) (a) ] 5.. sale of surplus property where the number, value and nature of the items to be sold make it probable that the cost of conducting a sale by competitive bid will be such that a liquidation sale .will result in substantially greater . net revenue. [ORS 279 . 015 (3) (b) ] PAGE 2-ANNOTATED ORDINANCE )p:crducrb.ord))Ju)y 21, 1993) In making such findings, the Board may consider the type, cost, amount of the contract, number of persons available to bid, and such other factors as the Board may deem appropriate Where appropnate, the Board shall direct tF%a use of alternate contracting and purchasing pracUcesthat take account of market realities and modern qr innyavat!ve'GOntracting and purchasing metFiods, which are al"sa consistent w,th the public poJtey of eneauragingcompetition Tha Board shat( adopt written.findings that support the awarctmg of a particular public contract or a class of public contracts without compettve bldtling >The Endings must show that the exempEon of a contract or class•of„contracts,compiles with the regairements of thES seet�ar�°. 2.50.040 Emergency Contracts. A contract may also be exempted from competitive bidding if the Board, by unanimous vote, .determines that emergency conditions require prompt execution of the contract. A determination of such an emergency shall be entered into the record of the meeting at which the determination was made. In the event of an emergency involving an immediate hazard to the public health, safety or welfare, the City Administrator may.secure necessary materials without competitive bidding, provided that the Board at their its next regular meeting, are is furnished with a full report of the circumstances, and costs of the materials secured. r.rl M is exempted #E)m this nM by the I.I�......�.�..wL.I .I J.,L.,�, unless the F^ item requifed. B. The Beard may by Fesolution exempt eeFt. ed er I f classes E), V. I I IVI V IJ only gad. 4. E—ffi....,.,r Flizatin of eXiS:n F:ReRt vI supplies the 2.50.060 Bid Re'eeflen. r The y G vu ,ri�.I z, �� o eh. Agent designated c pFeeedHFes and FequiFements and may Fejeet all bids if it is in the pHblie 'AteFest to de �. v n SE)-. Public Bidding Rules Tf e gregon Attorney General's Model eublic J60% at Rules Manual, Division 3Q entitled "P6151fc S dtling Rules”is adopted as the city of Ashland's ° ORS 279 . 015 (5) s Already provided by statute: ORS 279 . 017 PAGE 3-ANNOTATED ORDINANCE (p:.,dM.,b..,d)uuly zi. 1883( ✓�n /9'/ice /n/ // �x// .P / /�/y,.� ///iy%�/p/%/' ! �//�� / �� �a 8�� tl ��e fUy 2 50.070 FeqHiFed shall be suffieient to establish fiAa�eial ability; G. the-e ae ,; #'iblr �iprow/eSrt Montt oles 7#te3regcs y+ftbeyent's Mads1 ' bfic :or t Iss" to nu ; �ursit „� fent t ci ,PubG � 5 s t t r nr irar 3 is a...... a��$G�+;�ifrAsfiiand�s p>��1r��tr��ra�rer�er�t ct�rtt �r7�es The Gtty�o�ii�c�tt=C Ad��lSistr�#cfC�t� f��Cdit��xlggeE�t d>;srr�ted 1n Ste' �5�.{3�€�aft�t#taue thy. au#fvr€E�ta`acY�r� behalf•of fhe O}ty'fsnder these r€tfes A. The peFsen shall, within thFee (3) business days afteF Feeeipt-ef-�� disqualifieatien, netify the Gity ReeeFdeF, In wFiting,4hat they wish te appeal the' disqualifieation. 279.045(3), s a-Re s--hall set faFth in 2 50 090 Additional Authority of the Board. In addition to the powers and duties established by this chapter, the Board shall have such additional powers as authorized by State law and the City Charter. SECTION 3. Chapter 2.52 of the Ashland Municipal Code is amended to read as follows: s Bidder qualification rules are in the Oregon Attorney General's Model Public Contract Rules Manual adopted in 52. 50.060. ' PAGE 4-ANNOTATED ORDINANCE Ip;erdUub.ord11Ju1y 21. 19931 Chapter 2.52 PURCHASING AGENT Sections: 2.52.010 General authority and responsibilities. 2.52.020 Adequacy of appropriations and resources. 2.52.030 Exclusions--Limitations. 2.52.040 Bids Prefersrie. 2.62.060 FORnal bids Requisitions RUFE)haSe- enders. 2662.060 Disqualifieatien of biddeFS. 2.52.070 Disposal of surplus property. 2.52.080 Cooperation with City Departments. 2.52.090 Forms--Procedures. 2.52.010 General authority and responsibilities. The Purchasing Agent for the City shall be the Director of Finance, or such other officer or employee as may be designated by City ordinance. The Purchasing Agent is authorized and directed to acquire the optimum quantity of satisfactory quality materials, equipment, and services at the least cost for the City, within the limitations of federal and state law, the City Charter, AdliMr MvntmpaI 00 Cf apter 2-50 and the subsequent sections of this chapter, under the supervision of the City Administrator. 2.52.020 Adequacy of appropriations and resources. Before obligating City funds, the Purchasing Agent shall ascertain that.there is to the credit of the using Department a sufficient unencumbered appropriation balance to defray the amount of the order, and also that sufficient financial resources are available or can be made available. 2.52.030 Exclusions--Limitations. Contracts for the construction of public improvements, real property purchases, wholesale electrical energy purchases, employee benefit programs, and acquisition of professional services (such as engineering and architectural consulting) are not responsibilities of the Purchasing Agent, unless so directed by the City Administrator. The Purchasing Agent is authorized to act on behalf of the Parks and Recreation Commission and the Ashland Community Hospital, but only upon the request of those agencies. 2.52.040 Bids Preference. The PUFehasing Agent shall thereby. The Purehasing Agent shall be empowered te awaFd PUFehase eentraets bends and/eFpeFfeFmanee bends if these aFe deemed neeessaFy. PAGE 5-ANNOTATED ORDINANCE (p:o,au«n.e,dWuiv 21, 199X ffleluding business tax, utility bill er other eharges; ffevided, hewever, that any sueh 2.52.070 Disposal of surplus property. The Purchasing Agent shall have the authority to dispose of surplus personal property by any means determined to be in the best interests of the City, including but not limited to transfer to other departments, sale, trade, auction, or destruction; provided, however, that disposal of personal property having a residual value of more than $>lq,ggq qi7 shall be subject to City Council authorization. 2.52.080 Cooperation with City departments. Operating departments and the Purchasing.Agent shall cooperate to provide efficient, courteous.service to the public in the most economical manner possible. 2.52.090 Forms--Procedures. Subject to the provisions set forth herein and the approval of the City Administrator, the Purchasing Agent shall be empowered to provide the necessary forms and written procedures to implement this chapter. s See footnote 6. PAGE 7-ANNOTATED ORDINANCE Jp:orducrb.ordlWuw 21, 1993) 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 SHAt3ED. 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 Whistles, rums rt'C1 S 0.118 p 6i * prohibited. Visitors shall not sound whistles, drums:�r other pervtissron InstturnentS or use arty sound �mpli#ier urtYr i1luSrval nStrUr3 en# in any of the parks Prqulded ftc#weut j, #fiat i soundrng of wAISttes, drurnk or ocher percussion �nstiurnents'as a parf arti evriY a�rt#iorrzed t,y tt Part , ra3rnissl€rr�5hal!'not he prx�hlkrltsd; Provided, . aisti, that t�porr apptleatron tc� the Park �vmmrssri�n the rmissvrr trrajt�C�nt permitsorihe use of scaur�d attipl�fiers#vr spec�i e�rents? 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 fp:urd�pk-ar.m.eno) oF k° Aemorandum �4[GcA August 9, 199: Brian Almquist, City Administrator r t QItt: Steven Hall, Public Wor_ Director S jljbjert Airpor- Fees ACTION REQUESTED City Council adopt the -ttached resolutiii- amending the la-d rental fees for E individual hang_s now under consrruction. BACKGROUND In the rental fee resolu-_m adopted b% the City Council at _.e August 3, 199: meeting. I had _serted incor.=:,t information o= the inflation fac:.:r for the land re-:als for individua- hangars. The fe_ negot_ted with the lesser is based on or._-half the Pordan_ Consumer Price :ndex per year. Tae detail ] outline of that _ contained withi- the leases. Staff= or=ends appr:.al. cc Pam Barlow. A_ministrative Ass-:-,ant Airport Commission Bob Skinner. Sinner Aviation encL Fee Resolution Resolution 93 RESOLUTION NO. 93- A RESOLUTION ESTABLISHING RATES FOR T-HANG.ARS. TIE DOWN SPACES- INDIVIDUAL HANGAR LAND LEASES AND RESERVATION DEPOSITS AND REPEALING RESOLUTION 93-34. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The following rental/lease rates are established for faeili_es at the Ashland Municipal Airport: A. T-ham:ars with doors $115.00 per nio:h B. T-hangars without doors $100.00 per mica C. Tiedot,n space $ 24.ix) per morn D. Tiedov n space $ 3.00 per o enight E. Individual land base $ 20.00 per moth (See Ex-;ibit A) S=CTION 2. The rates in section I.A. through I.D will be increasai =uallo on July 1 `..sed on the Engineering- News Record Const-action Cost Index (ENRi. The inir'.al EN­R is establis-ed as 4927 t r I.A through I.D. The annual rai_ increase for I.E. is as establi-he� Within the individ-al leases. SECTION 3. The ;ollowin2 hangar :_nervation fee is established foy ar:. pers m or bu_inc; prior to pacing the name on the hangar reser.ation list. A. Hangar reservation t= $ 50.00 B. Re;and if request ma`'- to rerr-we name from reservation list $ 35.00 C. If T-hangar rented. mount of refund to be -pplied to first me=th rental fee. $ 45.00 SECTION 4. Classification of the fee. The fees specified in Section- I and 3 Of this resiil__ion are cl_ssified as not subject to the limits .f Section I lb of Article XI of the )regon Constirutica (Ballot M; asure 5). SECTION 5. The rates in sections I.A. through 1.D were in effect Jul) 1, 1992. The other rates u_re in effect .Augc_t 4, 1993. T_e foregoing resolution was READ and DULY ADOPTED at a rewla= meeting of the C{v Council of the Citv of Ashland on the 17th da: of August. 1993. N_n E. Franklin. City Recorder SIGNED and APPROVED this _ ciiv of August. 1993. Catherine M. Go-den, flavor PAGE 2-FIRST ADDENDUM TO L=ASE y:ti�mno-�.rau ti August 23, 1993 TO: Ashland City Council FROM: The Park People RE: Selling Our Crafts We have been attempting to sell our crafts in downtown Ashland. Some of us have received citations for selling in the park, others for selling without a license. We are street people and we are barely able to feed ourselves. each day. Our shelter is minimal. Craft selling allows us to survive. We, the undersigned, respectfully request an opportunity to make a living by asking the City to allow us. to sell our wares in a designated area at any time of the week. Perhaps by the Abe Lincoln Statue, or on the plaza itself, would be an acceptable location. We further ask that the City. waive the fee for such vending, or allow us to purchase a single collective license. Although we cannot promise not to panhandle in the future, we can assure the City that we will keep this activity to a minimum, try to control unruly behavior on the part of transient street people, and be sensitive to the problems of shopkeepers in this regard. Cr 1!+ fJ,o^�� f1)«"t� rs at -f"e �.(i-y/ t-Ounsd ) Ckun'i�r o{- (cP,)P)ert,.c)Ccf)d furkS Opct eecrecchon 1 %)M' JC ) C_.i:+'1':Jer CU-f rE?Gj .Aor -4e a;,.ke of the- l�evr�le ��� +ke: aek) I=)ui �c( .. All +Ac- pzopl�L i. kl - in 1 kz I--)aqud y arij UhI�U� L- tcLI)li Ui �:if��4rlc�, Moo-vi- - hAfvr usf a h,rGiC. Cu/rnrnunl/y, or (.irc+,,-tL,r)er)f /Cory) mk6;� ,� prrvcSc- busslnv-5s or / nsl a-4ra6ion cdofie, Chu/ Gt 11 07 lAe-5 e n)l)')� 4<1117 rc 'Y rl("/ki/t/ a r)c s((/ fGr l ✓�. Cl 0)ere. / T 6d j' .v2 i � t<1 z. `5�k, (.,4 y h e. I c«st econom)LcxIly sctix1 ?cu (4 0u 0.6mmun y +o 1455(2 fLd G(I)c:l uC.� IV't., C(L! IrvYiunli( QS Ct""��GeiJ)Ul� (eJ/If (3LlF ry: POPCJCL77C/) , QI)el /0 /Oki <.�G��/1 �lciCl G:.'r iii/>• �V rrr.,�{/ 1`Y)c( or jrC LLP , t-4) l'cJI i ti (a:, k C (.jp Ody busin-eSS cat-onerS; t" clJle_ CASs, �t.�,• �:: s, jk// ec 0/)C/ i l,`_ i"ors % c, ( � - , /a/k, c-1,Y 1)0v.Ql W e call s+gr)A t-03-ell),r /k(,(7,k Tuesday; August 31, 1993 The Daily.:Tidings , Ashland;Oregon Street vending is not. in city's best interest Some two dozen Ashland people have petitioned the city to allow them to sell their crafts on the streets downtown,in the Plaza or at the entrance to Lithia Park Such activity is forbidden by city or- dinance,and police have cited some offenders with stiff fines. Many of these people are homeless and/or tran- sient and argue that if they are allowed to sell on the streets, they would not have.to panhandle. Some homeless people have established a successful booth at the Saturday Market on Calle Guanajuato, selling beadwork, art, leatherwork and clothing. But the Saturaday Market closes for-the winter in October. We sympathize with the plight of the homeless, especially those who are not homeless by choice, and we encourge their involvement with the Satur- day Market on weekends. But we see few good reasons to amend Ashland's codes to allow street vending by anyone. It's simply not in the best inter- ;;:; ests of the city. The Plaza area is already congested with foot traffic, and it would detract from the beauty of Lithia Park to allow any kind of commercial opera- tions. And it would be difficult to determine who would be allowed to sell items and who would not. But the biggest reason for not allowing vending r on the streets.is the unfair competition with es- tablished and future Ashland businesspeople. It's tough operating a retail shop in Ashland .year- round. Rents are high and profits are low, and yet these small businesses are vitally important to our local economy. They provide jobs and training for adults and teenagers, pay taxes, and contribute greatly to Ashland's sense of community. Ashland needs a stronger, not a weaker, business base during these economically uncertain times. There is a lot more we can do to help feed,house and employ those who have been forced into home- lessness: But allowing vending on the-streets is not the answer:.. .. . . .... TJT EDITORIALS:Opinions expressed in the above column are those of Publisher Michael O'Brien, Managing Editor Ted Taylor,and News Editor Jeff Keating. h'ly rna�n re9vesf 10 A-e- CI L ' GOvnG � ) , was fo ee e S�+a�� S' h7r�� 07� a ylpndi:7-5 13oof�. at 7G� Pe- Se�era.I`/O.-� 6•-e��s /�r��ra�Cel Pec�.r' Qo Za./ov/ 01.-� .-,L-� e �j D nn P���eS,�� �"cc.7Lii 2,^ /f/�a✓J /� •2.� � 7L�2 OD v4'o r °�- -��'�•on cL.�� o�GP erg o%r�c el / ���•�/e►�v� rr�o r'e / 9 r /orGL nC e / P/ecLi/, I/2S�h 0m S 'L � e-j- er-ie � how nv�ar,� Can / g -� ev?/�j �I' {� eu/SPC�er Wha7' 40/pe. ;s i4ve-- or 1 7fe9/e e.i r��1 e,,�' /gles2 g/ eOpk a.nd IppirW-0- Y'e/�/r-eser)ti7�(' .2/Ve •r17/"t��Gr/i j ��� hry7D/r no► G�s//h /a,17d cJ e /S�t�I�G� 7'`irnKl✓� Of �e. /ea.C) eo o�� pr in e,+vsp Pe en n 6� net �o �n O Aa461vi-5 Of AS& z tworanbum oaecod , July 16, 1993 V 0: Brian Miff rum: Sharon (Senior Program) J JUhirct: Again this year, the Alzheimers Association of Southern Oregon has contacted me asking if the Senior Program will be a sponsor of the annual fundraising/awareness walk on Saturday, October 2. The contribution they request would be an announcement in the utility bill insert and waiving the fee for the banner across Main Street the week prior to the walk. . . .as well as my participating in the walk. Robin Lawson of the Alzheimers Association has spoken to Tom about space in the utility bill insert and to Donna about the banner. Can the fee be waived again this year? Thanks for your consideration of this. City Attorney City of Ashland (503) 482-3211, Ext. 59 MEMORANDUM August 27, 1993 TO: The Mayor and Council FROM: Paul Nolte SUBJECT: Attached Ordinance of the City of Ashland Amending Chapters 2.25 and 13.16 of the Ashland Municipal Code to Update and Clarify the Language in These Chapters to Reflect Actual Functions of the Tree Commission and to Adopt New Tree Standards The attached ordinance is being sent to you at this time pursuant to Article X of the municipal charter. This charter provision permits reading the ordinance by title only when council members are provided a copy one week in advance of the meeting. Attachment cc: Brian Almquist Nan Franklin (x3) Planning Dept. (s:\...n ciRtree.mem) ORDINANCE NO. AN ORDINANCE OF THE CITY OF ASHLAND AMENDING CHAPTERS 2.25 and 13.16 OF THE ASHLAND MUNICIPAL CODE TO UPDATE AND CLARIFY THE LANGUAGE IN THESE CHAPTERS TO REFLECT ACTUAL FUNCTIONS OF THE TREE COMMISSION AND TO ADOPT NEW TREE STANDARDS. ANNOTATED TO SHOW DELETIONS AND ADDITIONS. DELETIONS ARE I INED-THRO"GH AND ADDITIONS ARE SHADED. FOOTNOTES ARE EXPLANATORY ONLY AND NOT PART OF THE ORDINANCE. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.25 of the Ashland Municipal Code is amended to read as follows: Chapter 2.25 STREET TREE COMMISSION Sections: 2.25.010 Established--Membership 2.25.020 Term--Vacancies 2.25.030 Quorum--Rules and Meetings 2.25.040 Powers and Duties--Generally 2.25.050 Reports 2.25.060 Se+ er35at+eaDonations 2 25.010 Established--Membership. Them is heFeb y established a &FeetThe Tree Commission is establ15hed whiehTh&Comm Ssi. shall consist of nine k9) voting members; and eerta+athree no voting ex officio members, �— , � cans.stingof a representative of the Planning Commission, a member of the City Council, and a representative of the DiFeeter Department of Community Development. The voting members shall be appointed by the Mayor with confirmation by the City Council. 2.25.020 Term--Vacancies. The term of a voting member shall be for three f8) years expiFing en Affil 80 of eaeh year. Any vacancy shall be filled by appointment by the Mayor with confirmation by the City Council for the unexpired portion of the term. The terms of the members shall be for three fa? years so that three fa? terms expire on April 30 of each year. Any Commissioner who is absent from four (4) or more meetings in a one-year period shall be considered no longer active and the position vacant, and a new Commissioner shall be appointed to fill the vacancy. 2.25.030 Quorum--Rules and meetings. Five f§} voting members of the Commission shall constitute a quorum. The Commission may make rules and regulations for its meetings and procedures consistent with Gcity Oordinances, and shall meet at least PAGE 1-ANNOTATED TREE COMMISSION ORDINANCE (p:ordweecommanol(A.pust 27. 1993) once every month. At its first meeting of each year the Commission shall elect a Chair, a Vice-Chair, and 41K, ecretary. ........._._....... desigRe ^h^ ^ ..•e . . ..• 2.25.040 Powers and Duties--Generally. The powers, duties and responsibilities of the Street Tree Commission shall be as follows: A. To ^^Hagan inventory of existing street trees, including historical trees and public properties in need of beautification and plantings, and present a written report to the City Council of its findings. B. To develop and recommend to the City Council for its adoption a master list of street trees suitable for planting along the streets of the City. Soh "^t shall be Feviewed annually as •ed , a copy of which shall be kept on file in the Office of the d e sprtment ommCity Recorder an h unity Deeloprent for public information. _. SuehThe list shall be reviewed annual!yas required.. C.. To develop and recommend to the:Planning Commission and the City e Council for its adoption ^^ Offl ^' Street TFee Plan de nat n� pee f e trees fe a Tree Management Plar , a copy of which shall be kept on file in the Office of the City Recorder and the Department a# Community Development for public information. D. To develop and recommend to the City Council for its adoption; ordinances and policies for the planting, care and protection of street trees throughout the City. E. To act in an advisory capacity to the Planning Commission in the administration of the Ssite Rreview and Ssubdivision process with respect to landscape design, suitable plantings, protection of natural vegetation, and street tree requirements. F. To act in an advisory capacity ito the City Administrator and t4 all City .epartmen.s regarding tree maintenance and related issues in the City a-d the City' propertnes. G;F To submit recommendations to the City Council regarding the beautification of public properties and rights-of-way. > To promote public knowledge and acceptance of the value of street appropriate tree planting and care. I Tip develop, maintain, and update a(recommended street tree:list, 2.25.050 Reports. The Commission shall submit copies of its minutes to the City Council and shall prepare and submit such reports as from time to time may be requested of them by the City Council of the Planning Commission. 2.25.060 GeR;peasatieaDonations. . The Commission may receive gifts, bequests or devices of property to carry out any of the purposes of this Chapter, which shall be placed in a special account for use of said Commission. PAGE 2-ANNOTATED TREE COMMISSION ORDINANCE )P:ard1[r....mm....)(August v, 1993) SECTION 1. Chapter 13.16 of the Ashland Municipal Code is amended to read as follows: Chapter 13.16 STREET TREES Sections: 13.16.010 Title 13.16.020 Enforcing Authority ................................ 13.16.030 Permission to Plant or Remove ................................ 13.16.035 Permission to Prune 13.16.040 Plan 18.16.046 Trees Reeammended 13.16.050 T.r.es .Prehibited _ 13.16.060 Trees--Removal 13.16.065 Stump Removal 13.16.070 Dangerous Trees--Nuisance--Removal 13.16.080 Appeals 13.16.090 Trees--Abuse--Mutilation 13.16.100 Violation--Penalty 13.16.010 Title. This Chapter shall herea'te be referred to and cited as the "Street Tree Ordinance" of the City. 13.16.020 Enforcing Authority. The City Administrator, or a duly authorized representative, shall be charged with the enforcement of this Chapter. 13.16.030 Permission to Plant or Remove. The City e'rtcouragss #he.planting at .......... appropnate trees- No trees shall hereafte be planted in or removed from any paFc+agpublc plan#ir#g strip or other public �eprt�p�,r#jr in the City until a permit therefer has been issued by the City Administrator & duly authorized repr Seritattv . Applicants for a removal permit may be required to replace the tree or trees being removed with a tree or trees of comparable value. If the tree is determined to be dead or dying, then the replacement need be no larger than the minimum heFein afte described in.Aft chapter. The replacement tree(s) shall be of a size specified in the permit and no smaller than eight feet in height aadf or one inch in caliper 12 inches above root crown and shall k e an appropriate!speeiesas listed� m onselected from;and planted according to the Recommended Street Tree List and planted '^ a suitable lee-atien. 13.16.035 Permission to Prune. Except for purposes of removal of dying branches ' r thgSO which are a hazard to the public, pruning by City crews, or pruning for Gesmetie purposes of maintaining Tree=health, no tree shall hereafte be pruned within any public parlFrewplp- irig sf{ip or public right-of-way until a permit therefer has been issued by • the City Administrator or a duly authorized representative. PAGE 3-ANNOTATED TREE COMMISSION ORDINANCE (p:ord\t,eecomm.anonAugust 27, 1993) 13.16.040 Plan. All trees and shrubs heFeaffeF planted in any public lantin strip or other public place in the City shall conform as to species and location to the Recommended Street Tree`List prepared and epdated.by the City Tree Commissiori and made�avaiiabte in the City Reeorder.'s C3ff�ce and in the Departr[ ent of Community Develtpment. Gemmen Name Latin Name ARaar Maple Aeer.gi Rata T-Fielent-Maple AeeF h Hedge Maple Aeerea+Rpes#e 14radfeFd Rear P=y;as ealleFya„a GeldeR (lain Tree —lee rewter a panieulata Redbud GeFeis eanadens's (Needs p etent'GR fFGFA S.W. R) Kwanzan GherFy PFHn6s serfulata "KwanzaW G++epe Myrtle L . indiea f lewering Plum PFunus eerasifem varieties Rayweed Ash F-Fa;;,;i:js s� 'RayweecP Flame Ash F-Faxinus e Japanese crabapple Mal us F-ler+buRda Pre#usien Crabapple Ma!Hs 'PF8 facie; Sargent GherFy PFURUS swgept; Sweet Gum 1 •camber st. rae t1 Marshall's Seedless Ash F-Faxinus pennsylvanica ("MaFshal"s Seedless") —Blue" Resehill Ash Fri us amerieana„eseh4P Flewering Ash FFaxinus eras , EmeFald 4aeen) PAGE 4-ANNOTATED TREE COMMISSION ORDINANCE (p:ordW-ecomm.sno)(August zz 19931 Scarlet-0 ' Que Fea,ZOGel nllea Red Qal( GweFeHc r.:brc Ganyen Live Galcrr(EvcrgFe n) n. ehFyselepis Helly Qa:((EVeFg T een) n s .I English Gal( QuereuS FeUw Ghi„eseP'sta h he ehinensms Giarge Ginl(ge bileuu GFeeian LaHFel LaurHs neb'ks (Reee FRFR e...de d , ety. Village GFenn) Areal—Gvrk Tree oh Ile dr.n ElFen .........,....ns-e -r{.,,., ,.,l I Ileuvvv�w�..... TnVm,Gss Heney-Lee st Gle d•ts'a tFia .. anther s Go Name Latin Name }Few BlaekL-eeust SibeFicn'r-EiFA I IIm p HmHa Ameriean Elm "'Fn WaIRUt I mono cnocies Weeping Willow Salk bable GengmereialTFruit Trees N n°oies Tee of Heaven AilaRthus ^""" Big Leaf Maple AeeF FnaeFephyllwn 13.16.060 Trees--Removal. The City Administrator, or a duly authe Fepreseatat+ve, may cause to be trimmed, pruned or removed any trees, shrubs, PAGE 5-ANNOTATED TREE COMMISSION ORDINANCE (p:o,d\t,e...mm.ano)(Pugust 27. 1993)• plants, or vegetation in any lea public planting strip or other public plaeeproperty, or may require any property owner to trim, prune, or remove any trees, shrubs, plants or vegetation in a pa*iRgpublic planting strip abutting upon saidthe owner's propert y: aad#Failure to comply with this requitement thin " 30 days of recpivmg notice by the City Recorder is a violation of this chapter. 13.16.065 Stump Removal. #eesAny tree removetl under this chapter shall be removed at ground level or lower; 2 tree JSremoved below ground level, the surface will be restored to ,......... finish grade; and t#tat any regrowth which occurs shall be promptly removed. Any failure by the applieaR to comply with this requirement is declared to be a nuisance ...................... and subject to beiaQ reraevedremoval by the City pursuant to the terms set forth in AMC 9.08.190; and is also de laFed to be a violation of the nuisance chapter se as to subject the vielater to the penalties set forth in AMC 9.12.060. 13.16.070 Dangerous Trees--Nuisance--Removal. Any tree or shrub growing in a dip eF any public piaeeproperiy, eron private property, or m a_ptanUng stri} 015 ft public property;; which is endangering or which is any way may endanger the security or usefulness of any public street, sewer, or sidewalk, is declared to be a public nuisance; and the City may remove or trim suehthe tree or shrub, or may require the property owner to remove or trim any saebthe tree or shrub on private . Failure of the property owner to remove or trim suehthe tree a#ef-th Within 30 days of receiving notice by the City Recorder is a violation of this chapter, and the City Administrator may then remove or trim saidthe tree and assess the costs against the property. 13.16 080 Appeals. Appeals from any assessment made under AMC 13.16.070 may be made by filing written notice theFee# with the City Recorder within ten f" days after suehthe order is received, stating in substance that an appeal from suelithe order is being made to the City Council. The City Recorder shall hGFGUPeR nn° s u iie the;.,appeal te the attention ith the City Council at the next regular meeting, at which meeting the appellant and the City Administrator may present evidence. Action taken by the City Council after suehthe hearing shall be conclusive. 13.16.090 Trees--Abuse--Mutilation. it is a v6elatien of this GhapteF teN. person shall abuse, destroy, or mutilate any tree, shrub, or plant in a public paFking planting strip or any other public plaeeproperty, or to attach or place any rope or wire (other than one used to support a young or broken tree), sign, poster, handbill, or other thing to or on any-tree growing.ia�on public plaeeproperty, or to cause to permit any wire charged with electricity to come in contact with any such tree, or to allow any gaseous, liquid, or solid substance which is harmful to suehte trees, to come in contact with their roots or leaves. PAGE 6-ANNOTATED TREE COMMISSION ORDINANCE (p:o,dWeecomm.ano)(August n. 1993) 13.16.100 Violation--Penalty. Any person who violates any of the provisions of this chapter is guilty of an infraction and shall be subject to the penalties set forth in Section 1.08.020. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of , 1993, and duly PASSED AND ADOPTED this day of 1993. Nan E. Franklin, City Recorder SIGNED and APPROVED this day of 1993. Catherine M. Golden, Mayor Approved as to form: Paul Nolte, City Attorney PAGE 7-ANNOTATED TREE COMMISSION ORDINANCE (p:ord\treecomm.ano)(Auoust 27. 19931 OREGON HEAT AGREEMENT This agreement is made July 1, 1993 , by Oregon Energy Services, Inc. , dba Oregon HEAT (Home Energy Assistance Team) and the City of Ashland (City) . RECITALS: A. City and Oregon HEAT have developed programs to provide needy individuals with financial aid in assisting to pay such individuals' residential heating bills. B. City will continue its current emergency energy assistance program with Oregon HEAT. City will collect voluntary contributions from donors. . These funds will be forwarded by City to Oregon HEAT for distribution for purposes of the Oregon HEAT program. City and Oregon HEAT agree: 1 . City obligations: 1. 1. Collect voluntary contributions. City will collect voluntary contributions using the name Oregon HEAT and will forward such contributions to Oregon HEAT at least once per month. 1. 2 . City's assistance City's conservation division will provide assistance in energy audits and low-income weatherization programs for electrically heated buildings. 2 . Oregon HEAT obligations: 2 . 1. Specified expenditures. Oregon HEAT shall use voluntary contributions collected by the City only for the benefit of City's needy residential utility customers, as defined below, residing in the City of Ashland. 2 . 2 . Recipients are to be City residential utility customers whose basic heat source is from City of Ashland utility and whose income must be at 150°% or below of the federal poverty level. In the case of emergency assistance, preference shall be given to City's utility customers who have not received assistance from other heating assistance programs, e.g. LIEAP recipients, within the current heating program. Preference shall be given to the elderly and families with children. 2 . 2 . 1. The maximum grant to any recipient for emergency energy assistance shall be $160 per household in any program year. 2 . 2 . 2 . Emergency assistance shall be provided only to eligible recipients who present a current City monthly utility bill bearing the recipient's name and address. 2 . 2 . 3 . Voluntary contributions received from the City by Oregon HEAT for emergency assistance shall be distributed at least monthly to eligible recipients. 2 . 3 . In addition to receiving emergency energy assistance, recipient will also receive energy conservation education to the extent as determined by the intake agency. 2 . 4 . Oregon HEAT may contract with The Salvation Army or any other charitable organization and Community Action Agency to distribute funds to eligible recipients. It is intended that contributions collected by City in the name of Oregon HEAT shall be deductible as charitable donations for purposes of calculating the donors' federal and state income taxes. 2 . 5. Oregon HEAT shall identify for reporting purposes all voluntary contributions collected by the City as Oregon HEAT funds. Oregon HEAT shall provide a report to City of income, expenses, and distributions made by it under this agreement on a monthly basis. The program dollars will be allocated January 1, 1994 to June 30, 1994 with a final report given to the City August 1, 1994 . 3 . Compensation for Oregon HEAT. 3 . 1 Voluntary contributions received by Oregon HEAT may be deposited in an interest bearing account. Any interest earned on deposited funds may be retained by. Oregon HEAT for its use. 3 . 2 City will contribute funds to HEAT for program support. All customer donations will return to the community. 4 . Promotional activities. Promotional activities relating to Oregon HEAT shall be cooperatively conducted by both parties. Oregon HEAT shall have the right of approval on any promotional activity relating to Oregon HEAT initiated by City of Ashland. 5 . Renewal . Oregon HEAT and the City may, by mutual agreement, amend and extend this contract at any time. All such changes mutually agreed upon shall be signed and attached to this contract as amendments. 2 6 . Termination. This contract shall automatically terminate June 30, 1994 , unless earlier terminated as provided below. Either party may terminate this contract by giving ten days written notice to the other party. Within 25 days of receipt of the notice, Oregon HEAT shall return to City any undistributed matching funds and voluntary contributions. OREGON HEAT CITY OF ASHLAND By By Title: Executive Director Title: Mayor By Title: City Recorder 3 JOHN CAR LSD N/Special to The Times what business people can do on sidewalks, Sidian points out, so why not vagrants? This mild dosage of common sense is already giving some civil libertarians the cold sweats. One representative of the City needs homeless laws ACLU argued that homelessness was..."an t alternative lifestyle" that the law has-no business discouraging. Other "homeless activists"argue that the city should do more that'll sent them paking to cure homelessness than condemn Frankly,the more the city does to"cure" homelessness, the more attractive the city becomes for homeless people. . StMARK Sidran is like a lot ("homeless") rather than their attitude There are now three times as many beds of people in Seattle — (bums — so named because they spend available for the homeless as there were 10 earnest, intelligent and most of the day bumming around for drugs, years ago,but demand is outpacing supply as mindful of others. He is money, or booze). the homeless continue drifting into town. also increasingly impa- They are also younger and meaner.And The city's literally spending its way into this tient with rude and men- more numerous.The older bums try to stay problem. acing panhandlers, bums out of their way.They are contemptuous of This is another failure for Norm Rice. using city streets, alleys authority and spit on respectability. Many The problem got worse, not because his and sidewalks for toilets, are drug addicted, others deranged. They approach to the problem was rejected, but and loafers stretching out and lounging on are also professionals — they know how to because most of it succeeded. It just didn't the middle of downtown sidewalks in the play the system and they know what they work. middle of the day. can get away with.And most of the time they It is true that many homeless people are Traverse the city for an afternoon and do. among us who are anything but bums.They you'll see what he means. Entire city parks In one six-month period, 800 of them include women with kids who are battered have been riven and ruined by hordes of received two or more citations for drinking out of their homes, and young couples who vagrants who appear less like luckless vic- in public. Exactly none of them responded. don't have enough cash to make a damage tims than leeches sucking the goodwill from And nothing happened. deposit and pay the first month's rent. But a kind city's compassion. What so alarms Sidran and others is that they aren't out on sidewalks harassing Back in the '70s, the homeless around the trend is worsening. In San Francisco, tourists for money,or sacked out on 5th and here were different.They weren't threaten- another pleasant city with a tolerant attitude Pike at 2 in the afternoon.You won't find ing or dangerous,but offbeat,even amusing. toward the offbeat, the problem worsened them sleeping in doorways and on benches In the first place there were fewer of until it became a crisis,eventually swallow- in Occidental Park. them,and most of them were middle-aged or ing the career of its social worker-turned- It is time to admit that most of our older. They'd make a half-hearted.pitch for mayor,Art Agnos.In New York City,young, homeless are not helpless, and they should four bits, then move on. They'd try flirting perfectly healthy kids wade through subway either look for work and follow the law or with women but watched their language. If cars bellowing that they are homeless and in expect to be rousted and refused charity one of them got out of line, usually another desperate need of help. They stand by the until they leave. would pull him back in the ranks,clap a bony subway token booth mau-mauing people for Changing a few laws is a mild step in the hand on his shoulder and walk him down the spare change.There's no shame in shaking right direction, but it won't be enough. We street. people down anymore. need a policy firmly focused on running On those rare occasions when a fight Fortunately Sidran,who is city attorney, healthy, employable bums outta town. If broke out, both guys would usually be wants to make life less hospitable to those they're bounced out of enough places,they'll unarmed and too drunk to do any damage. who are making the city less hospitable. eventually get the message.Until then they They sometimes razzed the police (usually "We need to make it a crime to repeatedly will leech whatever they can wherever they to impress passing pedestrians) but were drink or urinate in public because some are. obedient when told to"move on."As recent- people ignore the law with impunity," Si- Sidran insists that he doesn't want to run ly as 1977, unsuccessful mayoral candidate dran says.He proposes making a second and them out of town; he only wants them to Paul Schell, who later became a distin- subsequent offense of urinating, defecating behave lawfully. guished business leader, civic activist and or drinking in public punishable by fines and Nice sentiment Mark, but they don't university dean, smiled when asked about jail time. Second? belong here. Hardly any of them are from vagrants riding the bus downtown and said For those who use the sidewalk as a here. It's time for them to leave. they were more amusing than threatening. Motel 6 and the park benches as a Ramada And he was right. Back then. Inn, Sidran suggests an early checkout: No John Carlson's column appears Tuesday on Today's crowd is different. In the first more lying down or sitting on downtown editorial pages of The Times.Carlson can also be place, they are identified by their condition streets during business hours.We regulate heard4-6p.m.daily on KVIAM570 radio. Cc,p, Cc� $A .93 �� prJ F ) u, POSE 4ll f. tw .4 oom 0 w p N O 0 u U w o,n I..,.., d. �.'.. r. _:., `Z E`T GEI S3T In our trine H GJ k15 :4,UJ Td Go T t/s v✓�f y �VlA 4(lro/No/3e,C.6S , p- CfV6A-ING ffUiYlf�i1/S Going places OUT(� ,�$ ��/� cent of local trips, and public transit jumped from 22 to 26 percent. I European successes in weaning driv- Europe Europe's are being redesigned with �eo-�le-and the environment in mind. Why n't we dot e(L sap-me? ers away from their autos are generally }/ dismissed as not applicable to North America because Old World cities are more densely populated thanoursprawl- T4 he German city of Heidelberg is muter like me, it was nothing short of ing communities. Freiburg, however, is world famous as the setting of euphoric to pedal down a busy avenue in oneofGermany'sfastest-growingtowns, The Student Prince—a sappy op- the safely of my own lane. with development spreading out across eretta whose plot revolves mostlyaround a flat valley.Even in its expansive subur- beer-drinking and duel fighting. But if eidelbergis one of numerous Euro- ban areasiyou see packs of bicyclists Bert-Olaf Rieck gets his way,this city of Hpean cities that offer solid exam- waiting at iioplights and light rail trains 140,000 will also be known for some- ples of what could be done in North gliding past single-family homes.'- - L- thing else: bike riding. - America to revitalize urban life and re- Freiburg has also pushed environ- Rieck was recently_appointed store the environment. Although the_ mental initiatives in areas besides trans- - Heidelberg's bicycle commissioner,. a ecology movement first surfaced in the portation. It banned pesticides for ur- �,-- new position,arising out,ol fie city's- United States,and.foryearswe were the ban-uses an m tl biomechamcal .,determination to do_sdinething about- world's leaderin.fighting.pollutien,the -re usep ant to s-aTjage organic wastes " _ p,; its environmental problems'-Fearful of.. ,.nations o(,Northern Europe.are now- ` f om t .e-city-s.gar age. With-encour- - I_: bemg.swamped in traffic; clouded by widely acknowledged to.be ahead of us agemen rom a city council,a local - pollution;andcomplicitin global warm- in mostaspectsof environmental policy. factory that makes cigarette filters ing[rends_Heidelberghasins[itutednew. The Scandinavian;Dutch,and German. switched its fuel supply from coal to Apo icies aimed at reducing the•.use of governmentshaveencouragedinitiatives . hatural gas The-city.has also es[ab aum toobiles. That s why Rieck was . ranging from promoting renewable en- Iished_an.eco-hotline to answer cite _ plucked out,q(theranksofa-bikeactiv .. ergytoprotectingthecountryside.Green zens'-questions about-environmental ists'group and installed in city hall. consciousness has also taken root at the matters, and it now subjects all new He is now busy working on ways to local level,flowering in an array of envi• development projects to in-depth envi- make bikes the vehicle of choice for at .:ronmental innovations,especially in the ronmental scrutiny _ least one third of al(.trips around the ,-field-of transportation,where city gov- x,,So.what makes,Freiburg'willing to cit a al,already accomplished.by ernments have:the most jurisdiction:: . buck businecs,as'uss in favor of envi d` X 8 Y the German,cuyof Munstecand sur- Freiburg,a German city;of200,000- ronmental'innodation. a presence_ f passed by the Dutch cities,of_Delft(41 .; in the Black Forest,showed-the way for . 030,0 unversity st amts helps,but percent of city.trips)and Groningen(48 other municipalities with its early eL most observers point to the citizens' percen[),Currently,22percentofHeidel- forts at incorporating environmental deep regional'pride. Peo lecherishthe /c berg's non-pedestrian.traffic.rides on awareness into government decision city's historical charm all t e na tUl -_ two wheels,a big change from the days ma i�c ng.fn-T9T2,thecity ma ea radical beauty o t e ac Forest as well as when Rieck.studied-linguistics at the move'Ty banning cars from certain the celebrated local-cuisine and fine university. "Twenty years-ago when I streets in the city�blishing wines.This gives them a particular stake was a student 1 parked my car right over one of Europe s pe estrian zones. in protecting their home.This also ex- "' there," he said, pointing out his office is istnetisnowt epu sing neaLL plains the Green Party's strong show- -windowatapicturesquecitysquarethat Of�the�a[�, filled with sho ers and ing in Freiburg.Greens have been part townstsstro lhn is part of the city's pedestrian zone. g from department stores ofthe city council since 1980andgained , "Now you can't even park there." to the open-air marKet in e unster- 20 percent of the vote in thellast munic- To uut�t the bicycle ona par with the platztobitstmgsidewa caes. reibuurg ipal election. j I automobile,R-iec pans to oubTe tTte h s a so esta is e a network of bike- Of course,local drivers do a lot of ctys2SmTieso fseparate bikeways over ways(now covering 82 miles)and light grumbling about the restrictions on the next 10 years.He has already added rail lines (13 miles today, and 9 more automobiles. So far they have shown 1,500 new bike parking spots at the miles planned in the next decade),with little political clout in Freiburg, but main train station and snatched a lane impressive results.While people climbed recent elections in the northern Ger- of traffic from cars on Bismarckstrasse, into their cars for 60 percent of all vehi. man city of Kassel registered a big Heidelberg's main thoroughfare,which cle trips around the city in 1975, autos backlash from car owners. Members he triumphantly showed me as we rode now account for less than half 46 per- of the Social Democratic Party, who j bicycles the city bought for its employ. cen[=ol i osetripl.In the riod, engineered major restrictions on auto- ees to use- For an American bike com- TiiTceTrafiic climbed from 18 to 27 per- mobile use, suffered significant losses j 150 Utne Reader•July/August 1993 Ifs A,I; � I ll over Northern Europe cities are S T A ;� R ex lon1 wa s�to reclaim their streets and d nei hborh000slromte auto, rs ovtdmg msp!rat!on an3-p�t{cu- n - cal exam lest w atTan be done to reorder IF e re anon7uptetween cars andpeope. ostcmesnows ortlive pedestrian zones, an t eways criss- � ! cross event a most cro ctedmetro7TO- transit ;; ;,i - I!ses: Berlin,Franf(furt, unt—v1 ich,Copen- - hagen, Cologne, Amsterdam. The .gdriv- German cities of Bremen and Lubeck terally have designated certain streets specially q North � .- f, � I"" +ti;� for bicycles—an idea Heidelberg recently es are adopted.The Norwegian cities of Oslo, - �±n i ")raw[- Bergen,and Trondheim levy a toll on all I S� ti� ver, is ! .... cars entering the town center. Seventy- owns, tt' five percent of Denmark's highways have !cross , ' ,• a separate bikeway running alongside .ubur- I I� them,and 20 percent of all urban trips xlists "'-s ;t,.;:., in that nation are made on bikes. :-rains In Amsterdam last year, voters all- .rains proved an ambitious plan to eliminate iron- most auto traffic in the three-square-mile . 7ans- .heart of-the city. The Dutch cities of-- - - _.r,ur- -. .Maastricht, .Enschede, Leiden,."and .- .. ._,. aical Groningen are following 'suit, and 30- tstes other cities and towns throughout Hol- :our- � �� .i land are discussing similar measures vocal ' In the past several years,many Ger- {ters t man cities have lowered speed limits to\1 I to 30 kilometers per hour(19 moh)on all \ tab- Fut the busiest streets—an example ofGKffFT "traffic calming," a new concept that . ntal aims to tame the automobile by reduc- MEA new ing its speed. One town, Buxtehude in 6Aey 'tvi- northern Germany, has set 30-kilome- -rt> DC) ter limits on all its streets. Narrowing t to streets is another widely used method of rvi- traffic calming. .ice Pedestrians and bicyclists in Heidelberg.Germany,get a boost from new "Until recently,American cities with )ut environmental policies aimed at curbing automobile use. their wide lanes and fast traffic were the - ns' model for us,"says Joachim Schultis, a .he in city council elections. icy about relying too much on sticks city planning professor and deputy may- ral ? Like Americans,Germans are noto- rather than carrots in luring people out or of Heidelberg. "But all that has now as rious for their love affair with the auto. of their cars. Improving the conve- changed." -ne They proudly assert that the cars they nience and safety of walking, biking, These innovations not only fight :.ke manufacture are the finest in the world, an pu !c transit must accompany pollution and congestion but also lend X_ and motorists' organizations resist ail driven restrictions pleasantly relaxed mood to Europe's 45f«A/ v_ efforts [o impose speed limits on their Switzerland,w osecitieshavealso cities Being able to get around by stroll-VS rt fabled autobahns it's estimated that one aggressively tackled tragic and pollu- ing, biking, or taking a train without jd A it workplace in seven throughout the na- tion problems, experienced an angry needing to dodge autos and fight traffic _ tion is in some wayconnected to theauto backlash several years ago in the form enhances urban life in ways that are industry. That was part of the political of a new political party dedicated to hard to imagine until you've experienced f 4 ' picture in Kassel, where a Volkswagen rolling back transportation innovations. them.There's no reason why American n k plant employs 20 percent of the local The auto party makes a lot of noise but and Canadian cities can't follow suit— it ai population.But political observers point at election time never wins more than a transforming themselves from conduits t out that voters'dissatisfaction with local handful of votes Swiss municipalities for cars into places for people. ., politicians could be blamed on high un- have continued their efforts to promote Forjurtlter information about urban employment and xenophobic reactions alternative transportation. Zurich re- environmental initiatives, I recommend to the city's large foreign population as cently eliminated 10,(100 parkm` 's thene{rslener Urban Ecologist($30/yr., { much as on anti-auto policies. fu{ne a y,�d Geneva recent y proh!b- includes membership and 4 issues, Box i, Still,there is a lesson hereforadvo- tied basin esses from providing(reepark- 10144. Berkeley, CA 94709). catesof alternative transportation pol- ing for their employees —Jay Walljasper July/August 1993• Urne Reader 151 i Peace douse An Affiliate of Fellowship of Reconciliation P.O.BOX 524 ASHLAND,OR 97520 (503)482-9625 1 September 3, 1993 Mr. Phil Arnold Ashland City Council 1155 E. Main Ashland, Oregon 97520 Ms. Sandra Slattery Ashland Chamber of Commerce 110 E. Main Ashland, Oregon 97520 Dear Phil and Sandra, Enclosed is my report to the City and the Chamber regarding panhandling in Ashland. I trust it will provide useful information as you consider solutions to the presence of street people in our community. I would be very open to discussing the results with you directly after you have had a chance to look over the report. Best wishes, Kevin Preister Recycled Paper Peace 9lkwse MWAS An Affiliate of Fellowshi p of Reconciliation P.O.BOX 524 ASHLAND,OR 97520 / (503)482-9625 Of "Kids Are Stuck": Street People and Panhandling in Ashland A Report Presented To: Ashland City•Council Ashland Chamber of Commerce September 3, 1993 Recycled Paper "Kids Are Stuck": Street People and Panhandling in Ashland The Problem City officials, business owners, and residents increasingly became concerned this summer as the nature and extent of panhandling changed. "Spare-changing" not only became more common, even prodigious, but it often became hostile and tense as well. People were able to express their concerns at a number of formal and informal meetings. Proposed solutions included an increased police presence in the park and plaza, and flyers encouraging donations to service agencies in lieu of supporting panhandling requests. Both ideas were implemented. It was also suggested that a small study be undertaken of the stakeholders in the issue to provide better information and to identify common ground. This report is based on a four- week effort to accomplish that goal. The report will address the methods used, major findings, actions taken and recommendations. Methods Three sources of information were used for this report: 1) my experience since April of serving a hot meal once a week to homeless youth at Uncle Food's Diner (Hunter Park), 2) observation; and, 3) a survey of street people and business people. Included as an Appendix is an evaluation of Uncle Food's Diner provided to the County. It provides information about the youth and the services developed to meet their needs. Several hours at different times of the day were spent observing social interaction over the last month, in the park, plaza, nearby streets, and the Wednesday meal offered at the Teen Center. The limited resources available to perform this work precluded a scientific . survey. For a survey to be scientific, that is, to be able to generalize to the entire population, it is necessary either that everyone be interviewed or that the sample is randomly selected. In this case, neither condition applies. Chly about half of the street people living in Ashland were contacted and these were people I serve at Uncle Food's Diner or those hanging out at the Plaza. Those not interviewed included those who remain less visible, staying in the camps and allowing others to bring them food, and otherwise not coming forward for the support that their peers receive. The Saturday night BBQ, for example, held in recent weeks by street people, was attended by many individuals I was told were homeless who were not observed in any other setting. The sample is thus skewed toward more sociable people without legal and other constraints which make people choose to stay invisible. Youth were asked their age, how they came to live in Ashland, their present living situation, their short and long-term goals, whether or not they panhandled, and advice to the City in deliberating this problem. Business people were asked about their experience with the park people, whether 1 panhandling.was a concern, and ideas they had for addressing the problem. Findings The Street People. Thirty-seven people were interviewed for this project. Three natural categories emerged from asking people how it was they are in Ashland. "Transients" numbered 10 of 37 (27.0%) and reported coming to town in the last few weeks. The transients have come to Ashland for the summer and will leave as the weather gets colder. Some are delightful young people who plan a summer of travel before returning to school and family. Others are marginal individuals, such as the strutting transvestite who fingers a pair of scissors as he talks to others... I call "regulars" those who were born and raised in Jackson County, or who have come to Ashland in the last 4 months. Regulars numbered 21 or 56.8% of the sample. The regulars call Ashland hone. The third group was the "hangers-on", the younger adolescents who hang out with street people, but who are living with their families. Hangers-on numbered 6 in the sample, or 16.28. The hangers-on tended to be younger teen-agers, aged 12 to 15. In group conversations, these adolescents revealed frustration with city leaders about "nothing to do" and an unfulfilled promise of a skateboard park. I observed one boy on rollerblades reprimanded by police for skating on the sidewalk, and then twenty minutues later being reprimanded by different police for skating on the street. The conversations of these younger adolescents revealed a marginal home life, with long periods of unsupervised time, a single parent or overworking parents, and few financial resources. The range of ages represented in the sample was 12 to 30 years of age, with the average age 19.3. The truly homeless were those sleeping in tents, in camps with others, or in their vehicles. They numbered 27, or 73.08 of the sample. Seven (18.90 lived with their families, two (5.4%) moved in and out of their hone on a regular basis, and one (2.7%) lived with a friend. Survival needs ranked high on the list of short-term goals. Basic requirements of food, shelter, warmth and clothing comprised the major daily needs. Showers, laundry, transportation, and casual labor opportunities were part of weekly needs. Survival needs are met, as with low income groups throughout the world, by engaging in networks of mutual support. Reciprocity or "give back" is a central value of those on the street. Income, food and other resources are shared with the prospects.of a return favor. This dynamic encourages strong group cohesion, eventhough individual relationships are fragile due to the nature of the lifestyle. Mutual reciprocity, while important for survival, also makes it hard to get out of the lifestyle--one"s own surplus income remains minimal and favors are always owed. If one gets an apartment, 4ow could a request for a "crash pad" be turned down? In other words, to get out of the lifestyle, one must make a complete break with former friends and routines which is difficult to do. The obstacles to breaking the cycle of homelessness thus are not only economic but social as well. 2 Once survival needs are addressed, the concerns of these young people appeared similar to other young people: music, peer relations, and romance. Many talked of traveling in the region to various concerts and other youth- oriented gatherings. Drug and alcohol use is casual. and widespread, although this behavior, with some exceptions,. is not shown in.public locations. Only about one-third mentioned jobs and apartments as short-term needs. Three people who mentioned the need for jobs I knew were not looking or had not taken advantage of previous opportunities. There are many reasons for not ranking jobs and apartments higher. For overall survival, other items ranked higher; food is more important than a job at this standard of living. Many have not had successful work experience that would make them employable, and the burden of saving to get into an apartment (first and last month's rent plus deposit) is simply too overwhelming. I estimate there are 70 homeless youth living in Ashland. About forty are local residents and 30 are transients in town for the summer. At least one-half of the youths, I believe, would actively seek to change their situation, although their skills for doing so are limited. About one-half are content with their lifestyle, especially when they consider the alternatives of employment and bills and so on. They like the music and the hanging out and the lack of responsibility, even if it means they are hungry now and then. It is important to note that not many homeless adults attend the Wednesday meals program, I estimate about 20, nor do they appear to hang around downtown. They tend to gravitate to Highway 66 farther out, or to Medford. The adult homeless in the downtown area are younger who associated with youth culture, or aging "hippie" types who say they prefer Ashland. One such person told me that Medford is more for the "wino" types. Business Experience With Street People Business people reported a 'considerable range of involvement with street people. Many businesses have informally cared for homeless youth in a variety of ways. One restaurant owner said that youth were allowed to sleep on the kitchen floor. Another restaurant owner said that he has taken on two "risks" this year, me of them successfully. Another said she takes in one "marginal" youth each year. Meals are provided and jobs offered, if not frequently at least occasionally. Crafts-oriented businesses have supported a fair number of street people through the purchase of their wares, or providing discounts for materials. Almost all business people reported support for the needs of park people, many saying things like, "I've been close to that myself," and so on. Some had ideas to suggest, while a few wanted authorities to use a firm hand. Clear, widespread support was voiced for a "police presence" in the plaza and park, but only one business person would opt for a "hardline." 3 Some businesses reported no panhandling activity, and others reported fairly common requests and impacts on their businesses. The specific experiences of business people varied according to geography. Generally, the closer to the plaza, the more panhandling was reported. The key business areas polled are listed below. 1. The Plaza Plaza businesses reported the active presence of street people near their businesses due to their proximity to the park. From a visible presence to loitering in the doorways, to active panhandling, to hostility and foul language, these businesses have experienced the best and the worst of street people behavior. They also expressed concern with other aspects of the young lifestyle, especially skateboards and bicycles on sidewalks, and sitting in front of stores blocking access. . Business people in this location appreciated the expanded police presence, the "No.panhandling" flyers, and other efforts by the City and Chamber to address the problem. Generally, shopkeepers appreciated the problems of street people but did not want tolerance at the expense of their business activity. one said the City should build the skateboard park talked about for so . long. one other said the City should carefully consider the location and purpose of any proposed shelter. Businesses contacted: Renaissance Rose Gateway Realty Small Change Treehouse Greenleaf La Vanille Growers" Market Chateaulin Restaurant Ashland Bakery Cafe 2. Upper Town Upper town businesses reported few experience with panhandlers, with the exception of the Food Store. The Food Store eighteen months ago began prohibiting the selling of jewelry and other crafts in front of their store because of access problems and conflicts with vendors. Panhandling happens frequently and store personnel ask that it stopped. Fairly frequent education is necessary because of new people entering town. No hostility was noted, and the store is comfortable handling the issue on their own. Two customers reported frequent panhandling but no hostility in their experiences. Business contacted: American Printing Main Street Laundromat Ashland Conmunity Food Store Van Vleet Real Estate The Framery 4 3. "A" Street Area. Old downtown has experienced homeless adults due to the proximity of the railroad tracks, and the use of the tracks area for small camps. One person was so concerned one time by the individuals she met that she called the,police. For the most part, people generally report seeing homeless individuals periodically, but experiencing no real problems. Hardware Cafe leaves left over bread out for the needy. Businesses contacted; Clarity Cuts Hardware Cafe Ashland General Hardware 4. Highway 66 This area of town is frequented primarily by homeless men, mostly veterans who receive periodic services at the V.A. Domiciliary in White City. They are reported to sleep along Tolman Creek and the railroad. Street people here are reported to be scarier in recent months and more upsetting to clientele and staff. In response to upsetting incidents, the YMCA has felt compelled to eliminate showers for non-members as a way to discourage homeless use of their facility. Similarly, McDonalds reported -more "dumpster diving" this year, with trash being spread around at night. They now lock their dumpster and nighttime staff are more careful. Albertson was concerned with theft, especially alcohol, loitering and some panhandling. - Again, these businesses reported a willingness of "regular" homeless to moderate their behavior once the expectations of business people were explained. It was transients in town, the alcohol or drug-affected or the mentally ill who. caused the most problems. Business contacted: YMCA McDonalds Albertson Panhandling Patterns emerged with regard to panhandling. Although some regulars panhandle, most reported not doing so. Some found it demeaning and others were well aware that they were dependent on good relations with townspeople. They reported trying to moderate the behavior of the more aggressive panhandlers, even asking some to leave town. Two periods of aggressive panhandling were noted, in early July and in late August. . I was told by regulars that for both periods it was transients newly-arrived who were behaving hostilely; the former were active alcoholics who drank and urinated in the park, and the second were skinheads who tried to attach to the park people. Similarly, busines owners on Highway 66 (below) reported that "regular" adult homeless men showed a willingness to "go by the rules" once informed of them by business managers, but that transients in town caused the more serious problems._ Finally, the hangers-on reported frequent panhandling. They complained about the lack of allowance at home and casual "spare-changing" for 5 assorted purposes--the bus, to call home, for cigarettes. Regulars resented the panhandling of this group, one because it ruined it for themselves, and because these kids had families and homes. Actions Taken Of the four youth I have linked up with job opportunities in the last few weeks, only one has been successful; two could not outcompete other youth with more experience, and one did not show up for work the second day. A crafts cooperative has been formed that has involved 35 youth. Many crafted for personal use or for barter. A core group, however, has developed more skilled crafts. They negotiated a space in the Saturday Marketplace and have built a booth. They pool their money to buy materials and have contacted skilled adults in the community to teach them advanced work. Several youth were referred to available services, one for a bus ride home, another for rental assistance from ACCESS, others for family counseling. Youth generally have not followed through with these ideas, with one notable exception, and this person was driven to the appointment. Reccnniendations Short-term strategies. Facilitate vending issues of youth. Youth complain that they cannot easily sell their wares, a few being cited for lacking a license or selling in the park. If we can provide a means for park people to earn a livelihood, they will be less likely to panhandle. Support a jobs board to be coordinated by a willing group. Employers could offer steady or intermittent job opportunities to a central location for flagging by youth. Several people mentioned the idea of the work programs of the Depression and asked, "Why can't we have an "urban conservation corps" here?" The Job Council has a program whereby a non-profit organization can receive funds to supervise groups of young people in "make work" kinds of projects. Expand the role of the Teen Center. With adequate though modest funding, the Teen Center could be used to serve both the leisure time needs of mainstream youth and the survival needs of homeless youth. Through the center, youth could be referred to available services such as counseling, medical services, employment programs and housing. Meals could be served, clothing and shcx„ers provided. Family mediation could be offered. Support a teen activity center. A recent survey of 1500 youth in the middle and high schools conducted by Katherine Danner of the PTO revealed keen interests of youth in more activities. The Parks and Recreation Commission could sponsor more recreation programs for youth. Have a parent committee explore the obstacles to a skateb oard. park by contacting other cities which have them. 6 Long-term strategies. The Youth In Transition Committee is comprised of most of the youth-serving agencies of Jackson County, including Health and Human Services (Health Department and Youth Case Management) , Youthworks, Crisis Intervention Services, ACCESS, Ashland Adolescent Center, Jackson County Shelter and Evaluation Center, The Job Council, South Medford High and Ashland High Schools, and Peace House. It is the Youth In Transition Committee which provides the policy guidance for Uncle Food's Diner, and it sponsors, the yearly count of homeless youth. The Youth in Transition has determined (YTT, 1993) that emergency services are currently the major bottleneck in services for homeless youth. Homeless youth characteristically are angry, distrustful, and self- destructive. For those homeless youth who end up on the street, the literature is very clear that the major methods of developing trust and bringing youth on line for other services is an emergency shelter or an outreach, case management approach. A shelter is typically a "no questions asked" facility which has easy rules for coming and going. As rapport develops, the youth can be referred to other services such as counseling, employment, health and education. While an adult shelter typically limits stays to just a few days to discourage dependence, youth shelters typically limit stays to 28 days, thereby allowing trust to develop and other services to be be developed. Similarly, in lieu of a shelter, outreach has been shown to be a powerful means to promote empowerment on the part of youth to make better choices. A case manager in this situation would be a pseudo-parent, driving youth to job appointments, to look for an apartment, to receive medical serves. The case manager advocates for the youth with various agencies. Case management can break the cycle of poverty in which youth find themselves. The literature indicates that if street youth remain in the lifestyle for over 6 months, it becomes ever more unlikely that they will get out of it (Preister and Burns, 1991). Conclusions: A Role for City Leadership Although personal stories of homeless youth were not included here, as I have gotten to know these youth over the last several months, severe family traumas are fairly commonly reported in conversations. Physical and sexual abuse, parental neglect, and step-parent conflicts are typically part of the picture. National studies report a high percentage of such experiences among homeless adolescents with resultant costs in low self-esteem,, . destructive behavior, and poor learning skills. I believe the City is correct in setting a standard for behavior and expecting street people to meet it. The police presence and active, ongoing education about what is expected will go far in keeping problems contained. if City efforts become more punitive, the problems will be less visible.but will become more severe. Street people will become more fragmented and desperate. Reciprocity will break down and survival needs exacerbated. On the other hand, if the City engages the cooperation of street people in solving legitimate concerns of local residents, the street people will feel included and will expand the mutual caretaking within 7 their ranks even more. . Their willingness to moderate their behavior in order to be on good terms with residents is one of their outstanding characteristics and emphasizes their desire to belong. The City and Chamber can take two active steps to prevent "critical mass" of panhandling, hostility and vandalism from developing. If the City would follow through with recreation programs for mainstream youth, it would help to disperse the "action" downtown. In addition, if my estimate is correct that 50% of street youth would choose a different lifestyle if opportunities were available, then providing case management services through an agency would test that proposition. As one young girl told me about her friends, "Kids are stuck." References Cited Preister, Kevin and John B. Burns 1991 Homeless Youth and Housing Programs Serving Them: Implications for Jackson County. Presented to Youthworks, Inc. , October. Youth In Transition Committee 1993 Displaced Youth in Jackson-County: Present Status and Future Direction. Available at Health and Human Services, Youth Case Management, September. 8 Peace �e An Affiliate of Fellowship of Reconciliation P.O.BOX 524 - ASHLAND,OR 97520 (503)482-9625 July 27, 1993. Carin Neibuhr Youth Services Commission Health and Human Services -1005 E: Main St. Medford, OR 97504 Dear Carin, This letter represents the ."narrative report" called for in our contract with the County which expires on July 31. It summarizes the results of our hot meals program for homeless youth to date. Table 1- below, summarizes the number of youth served, the -cost per week and the average cost per meal for the program period. By a number of standards, we consider Uncle Food's Diner-EC success. ' -. An average of 21 youth were served per week, and a total of 268 meals during the reporting period. The average cost was $1.30 per meal. We-have no way. of knowing. "degree of .need" for the youth:•,we served. Their expressed gratefulness and courtesy to me represented their desperation, but that is a subjective measure. My personal estimate is that about one-fourth of the youth were -, - -, residing with their families, but were hanging out with street: - - - - youth. About one-fourth of the youth were staying with other people who were not. their parents and were often peers. About one-half were .truly homeless as. their conversations revealed they . were staying in vehicles or camping out. We developed a number of auxilliary services as we proceeded. We . began referring youth to available services, and even had agency representatives on hand occasionally. We found the level of interest of youth in these programs to be low. Youthworks' housing program had too many expectations to attract these youth. Youth would not follow through with Job Council or food stamp applications. On a more positive note, the Health Department provided nurses each week and sometimes a nurse practitioner. Bronchitis, pregnancy testing, and a number of other services were provided. In addition, treatment related to problems of living in the open was provided, for example, for sunburn, split feet, and poison oak. We also developed. a shower voucher system with Ashland Parks and Recreation Department. Each youth can receive 2 vouchers weekly for showers at Hunter Park during generous time periods and we collected towels and toiletry articles for this purpose. This Recycled Paper i ........... has been going well. We also began an informal employment service. As we became aware of day-labor, part-time or full-time work in the community, we referred youth to prospective employers. Three youth have found work so far in this fashion. We received a supporting grant from Carpenter Foundation which will extend' the life of this project for several months. This grant allows us to hire a kitchen helper each week, to purchase toiletry articles, and to provide a modest amount of prescription and non-prescription medicines, through a local pharmacy. I should emphasize that this project is made possible through the continued support of the Youth In Transition Committee. ACCESS, for example, has been a wonderful source of affordable food; Youthworks paid for our fidelity bond; the Shelter and Evaluation Center used their EHAP monies to supplement our budget. The Committee has provided policy guidance,, for example, for the drug and alcohol policy, as well as the age criterion. Moreover, we have over 40 volunteers who solicit food, help prepare the meals, and collect clothing. . - We -remain in good standing with the City of Ashland and Ashland- Parks and Recreation Department: No management or supervision issues (vandalism, rowdyness) have been reported, and only minor clean-up problems have been experienced. Finally, note that the Youth In Transition Committee is currently debating the feasibility of pursuing an emergency shelter for this population. Also, Peace House has received a small grant from the City of Ashland and the Chamber of Commerce to analyze -the panhandling problems. .I vied this work as an opportunity to do 'a needs assessment and to find youth employment opportunities. Many thanks for the support of the Youth Services Commission. This was indeed "seed" money that has spawned other ways to understand and serve these young people. Sincerely, Kevin Preister Director Table One Uncle Food's Diner Numbers Served and Food Costs Number Date Served Cost 3/31/93 21 $ 25. 19 4/7 16 36.37 4/14 21 21.92 4/21 18 7.90 - 4/28 35 39.49 5/5 35 27.63 5/12 18 28.99 5/19 13 57.20 5/28 8 16.77 6/4 22 25.47 6/11 18 22.45 6/18 7 17.05 6/25 36 21. 16 TOTAL 268 $ 347,59 I NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Ashland City Council will hold a public hearing on August 3 , 1993 at 7 : 30 P.M. at the Civic Center Council Chambers, 1175 E. Main St. to consider the following: Appeal of the Planning Commission's decision on Planning Action No. 93-067 , a request for an extension of a previously approved Site Review for a 26-unit condominium located at 284 Hersey Street. Comp. Plan Designation: Multi-Family Residential, High Density; Zoning: R-3 ; Map #4CB TL 2303 . (Applicant and Appellant: Al Teitelbaum) PUBLISH: Daily Tidings July 23 , 1993 Earl King Gary Brewer P.O. Box 23 229 W. Hersey St . Talent , OR 97540 Ashland, OR 97520 Carlyle Stout , Atty at Law Don Rist 215 Laurel St . 260 Joy Dr. Medford, OR 97501 Talent , OR 975AO Ta;.lot XXXXX•XXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXX Taxlot XXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXX XX 99999 Taxlot 391E04CB 2303 Taxlot 391E04CB 2301 TEITELBAUM ALBERT/BEVERLY SOCHOR ARTHUR/A 0 SYVERSON 4316 MARINA CITY DR #933 261 W HERSEY ST MARINA DEL REY CA 90292 ASHLAND OR, 97520 Taxlot 391E04CB 2304 Taxi of 391E04CB 2400 BRODSKY J/ROSS ALBERTSON GROSS ARNOLD I/MARY LOU 79 SCENIC DR 240/242 W HERSEY ASHLAND OR 97520 ASHLAND OR 97520 Tax1ot 391E04CB 2501 TaxIot 391E04CB . 2201 CANAL MEL WILLCOX FAITH M 4077 HUMBUG CREEK RD 995 SUNCREST JACKSONVILLE OR 97530 TALENT OR 97540 _ Tax1ot 391E04CB 1500 Taxlot 391E04CB 1301 LEYDEN GENE KING MORLEY BARBARA E 265 OHIO . ST 272 ORANGE ST ASHLAND OR 97520 ASHLAND OR 97520 Taxlot 391E04CB 1309 Taxlot 391E04CB 1308 ELTERMAN W RONALD/MARGARET SWINNERTON FREDERICK G/MARY 296 ORANGE AVE 713 K.ASKASKIA DR ASHLAND OR 97520 DIXON IL 61021 Taxlot 391E04CB 1310 Taxldt 391E04CB 1300 PATTERSON C 0 QUIRK CLARENCE F/DOROTHY I i 277 HARRISON ST #3 2280 HURLEY WAY #17 f ASHLAND -OR 97520 SACRAMENTO CA 95825 Taxlot 391E04CB 1302 Taxlot 391EO4CB 130:5 MC CALLUM SANDY/SYLVIA STEPAHIN REGINA I 328 ORANGE ST 320 ORANGE AVE ASHLAND OR 97520 ASHLAND OR 97520 Taxlot 391E04CB 1304 Taxlot 391E04CB 1305 WREN J B JR/K M LUNDGREN SCHULTZ ANTHONY J/KRISTINE 312 ORANGE ST 304 ORANGE ST ASHLAND OR 97520 ASHLAND OR 97520 Taxlot 391E04CB 1306 Taxlot 391E04CB 1307 CLEMENTS MELVIN N/KARLA M GRAY VIRGINIA DIANE 288 ORANGE ST 280 ORANGE ASHLAND OR 97520 ASHLAND OR 97520 Taxlot 391E04CB 2302 Taxlot 391E04CB 2300 MC WILLIAMS M STEIN/R J JEFFREY JAMES M/MARY LUE 9700 HWY 66 298 WEST HERSEY ST ASHLAND OR 97520 ASHLAND OR 97520 Taxlot 391E05DA 700 Taxi of 391E05DA 600 BREWER ROY B/NINA F SOCHOR ARTHUR V/AUDREY 0 RT i BOX 386 261 W HERSEY ST MC ALESTER OK 74501 ASHLAND OR 97520 Taxlot 391E05DA 502 Taxlot 391E05DA 501 TESTON JACK R/SARA L BRENDEN GARY L/JOSEPHINE. 279 W HERSEY 519 PRIM ST ASHLAND OR 97520 ASHLAND OR 97520 Taxlot 391E05DA 500 Taxlot 391E05DA 300 MAC CORMACK MARSHA F HAINES LLOYD M P 0 BOX 727 1257 SISKIYOU BLVD #232 ASHLAND OR 97520 ASHLAND OR 97520 Taxlot 391E05DA 301 Taxlot 391E05DA 302 DRESCHER ALLEN G CUST FBO GLENNVISTA ESTS HOMEOWNERS P 0 BOX 760 1257 SISKKIYOU 'BLVD ASHLAND OR 97520 ASHLAND OR 97520 Taxlot 391E05DA 315 Taxlot 391E05DA 312 BIONDI VICTOR/SHIRLEY BIAGI POLK SEYMOUR TRUSTEE FBO 4310 WINDING WOODS WAY 16376 BELMONT COURT FAIR OAKS CA 95628 MONTE SERENO CA 95030 Taxlot 391E05DA 313 Taxlot 391E05DA 314 AUGENSTEIN MORT/RENATA HAINES LLOYD M 312 MT SHASTA DR 290 N MAIN SAN RAFAEL CA 97904 ASHLAND OR 97520 Taxlot 391E05DA 311 Taxlot 391E05DA 334 HAINES LLOYD M CAMPBELL TERRIE L 1257 SISFIYOU BLVD #232 462 LORI LN ASHLAND OR 97520 ASHLAND OR 97520 ' " ' ° Ta:;l of 391 EOSDA 335 Ta.:lot 39I EO5DA 319 3 HOWARD WILLIAM LEE MATTEUCIG LAURENCE A 735 JEFFERSON 10696 FLORA VISTA AVE ASHLAND OR 97520 CUPERTINO CA 95014 Taxlot 391EO5DA 318 Taxlot 391EO5DA 317 WAGNER DEBORAH L HENDEL ROLF J H/INGE 360 GLENN ST 364 GLENN ST ASHLAND OR 97520 ASHLAND OR 97520 Taxlot 391EO5DA 316 Taxlot .391EO5DA 320 HAINES LLOYD M ALTSHULER ROBERT K 1257 SISKIYOU BLVD #232 8070 HILL DR ASHLAND OR 97520 SEBASTOPOL CA 95472 t Taxlot 391EO5DA 308 Taxlot 391EO5DA 309 F MOORE WILLIAM L ALLEN JOHN F TRUSTEE OF BOX 888 80 E SIR FRANCIS DRAKE BLVD LOMPOC CA 93438 LARKSPUR CA 94939 Taxlot 391EO5DA 310 AARONSON MARK/MARJORIE GELB 6279 CHABOT OAKLAND CA 94618 i CITY OF E5 . CITY HALL ~ ASHLAND,OREGON 97520 telephone(code 503)482-3211 July 15, 1993 Mr. Carlyle F. Stout III Attorney at law 215 Laurel Street Medford, OR 97501 Re: Appeal, P.A. #93-067 Dear Mr. Stout: This will acknowledge receipt of your letter of appeal to the City Council and the filing fee regarding the denial of the above planning action by the Planning Commission. Per your request, I have recommended that the Council set the hearing on the appeal for Tuesday, August 3, 1993 at 7:30 P.M. You should also be receiving a copy of the legal notice regarding the meeting. Sincerely, Brian L. AI quist City Administ t Enclosure: Receipt #21415 cc: John McLaughlin, Planning Director CITY OF SHLAND 21415 Received from a Date —7'i5-03 For Cash r❑ o /n Check ��ZC Account Number Amount Account Number Amount -_- -- ------ _1 — --- — --- --- EinoranAunt ,�4E00 August 3, 1993 �11D. Brian Almquist, City Administrator �r rdm: Steven Hall, Public Works Director bj9d.- Facility Plan/DEQ Proposal ACTION REOUESTED City Council consider the attached letter from Anne Squier. City Council set a public hearing for August 17, 1993 for the Ashland Facilities Plan. BACKGROUND At the Special Council meeting held on the wetlands option,Rob Winthrop, Brian Almquist and I reported on a telephone conversation we had with Anne Squier, Fred Hansen, Mike Downs and Neil Mullane earlier that same day. The Council asked for a written response from the State prior to considering the proposal. The letter attached is that response. The substance of the letter is virtually identical to the telephone conversation with some clarifications. A meeting has been scheduled with the consultants in Eugene to seek consensus with all of the consultants on all options. The date of that meeting is August 11, 1993. Richard Santner(DEQ)called me Friday(7/30/93)and asked if I could submit the"DRAFT" report on constructed wetlands without a Council recommendation prior to the July 30, 1993 Stipulation and Final Order (SFO)due date for Ashland's facility plan. I told him that the report was not complete and that there were differing opinions among the consultants as to cost, size and configuration of a "large wetlands" option. I also mentioned that Fred Hansen had told Rob, Brian and me that the SFO date was not a critical issue at this point in time. The letter from Anne Squier confirms Hansen's comment. �^ c.Pt ]n>I �� � .. i Facility Plan/DEQ Proposal August 3, 1993 page 2 I would be hopeful that a decision could be made by the Council at the August 17 hearing. SMH:m%Scwcr\Wdnds\PubHlg.m= FAX: Anne Squier, Governors Office Fred Hansen, DEQ: Neil Mullane, DEQ Richard Santner, DEQ i John Davis, Woodward-Clyde John Holroyd, Brown and Caldwell Bob Gearheart, Hydro Resources International cc: Klaas Van De Pol, citizen Greg Williams, citizen John McLaughlin, Planning Director Gary Schrodt, Ashland Wetlands Coalition encl: Squier letter Hall letter to Hansen fl f. BARBARA ROBERTS GOVERNOR PPorpmxrn AUS; 01 1993 E r OFFICE OF THE GOVERNOR STATE CAPITOL SALEM, OREGON 97310-0370 TELEPHONE: (503) 378-3111 July 30, 1993 Mr. Steve Hall Public Works Director City of Ashland Ashland, Oregon 97520 ! Dear Mr. Hall : This letter is to confirm the phone conversation that I, Fred Hansen, Mike Downs and Neil Mullane had with you, Brian Almquist, and Rob Winthrop on Wednesday morning July 14 , 1993 . The purpose of that call was to relate to you the discussion I had just had earlier on Wednesday morning with the state agency directors including: Randy Fisher (ODFW) , Bruce Andrews (ODOA) , .Fred Hansen (ODEQ) and Martha Pagel (OWRD) regarding the water quality and quantity situation in Bear Creek. I described to you the main points of that discussion and what I felt was important to the decisions that the City of Ashland needs to make. Before I describe the phone conversation, however, let me state that I am sorry that the timing of this issue with the current - legislative session has made it impossible for me and the state agency directors, as a group, to travel to Ashland. I do greatly appreciate the time the city has spent on this project and the effort you and City Councilman Winthrop made to meet with me in Salem last month. It is my firm belief that we have an opportunity here, that we do not always get, to work co- operatively with local jurisdictions to address both a water quality as well as a water quantity issue. I believe it is very important that we develop and implement a long term lasting strategy for the basin as a whole. Bruce Andrews just returned from a visit to the basin a few weeks ago and he was struck by the tremendous development which has taken place in just the last few years. He is convinced that any solution which does not take the overall water management needs of the basin into consideration will be very short term. I f Page, 2 At the morning meeting with the. state agency directors we identified and affirmed several key points: 1. In order to protect aquatic communities in Bear Creek a target minimum instream flow of 10 cfs needs to be established. 2 . All instream water quality standards and criteria need to be achieved by any solution implemented. 3 . The development of a long term basin-wide water management strategy will most likely push the selection and construction of an Ashland wastewater treatment alternative past the current deadline in the City's Stipulation and Final Order. 4 . It is not often that we have an opportunity to examine and develop a comprehensive water quality and water .quantity solution where there is a high potential for implementation. 5. The time must be taken now to develop a basin-wide. strategy. 6. The consideration of an Ashland solution in isolation from a basin-wide discussion of management needs and alternatives may actually limit future benefits to Bear Creek and limit the effectiveness of Ashland's wastewater treatment alternative. 7 . Ashland's discharge of treated wastewater to Bear Creek to maintain flow does not guarantee that flow will be available at the mouth of Bear Creek. 8 . A considerable amount of public funds will be expended in the basin to address water quality and quantity issues and it is very important that. a lasting solution be implemented. As I stated in our phone conversation, the state agency directors have decided to make this a priority watershed. The directors are very much interested in working with the local communities to develop an overall long term basin-wide solution to water management in Bear Creek. We have an immediate water quality concern in Bear Creek which is the result of both point and nonpoint source wastewater discharges and over-appropriation of water for out-of-stream uses. Ashland obviously is a major point source discharger to Bear Creek, but there are also nonpoint source dischargers adding waste load. The total maximum daily .' load program places requirements on both the nonpoint sources as well as the point sources. Page 3 Ashland is at a point where it must decide how it will spend considerable public resources to address its contributions to the water quality problems in Bear Creek. The Environmental Quality Commission has issued a Stipulation and Final Order to Ashland to identify the compliance schedule. It is possible for Ashland to work alone and select a solution that will meet the water quality standards in Bear Creek. As we discussed on the phone, however, a' solution selected in isolation without the benefit of a more basin-wide evaluation may not be the most advantageous solution for the basin as a whole. We feel a longer term solution involves the exchange of treated wastewater from currently contracted irrigation water from the reservoir system. This judgement is focused on our ability to subsequently release water down through Bear Creek to provide a target minimum flow of 10cfs. The City has stressed on several occasions that maintaining flow in Bear Creek is very important. During our phone conversation I described how the Oregon Department of Fish and Wildlife feels that a 10 cfs flow is needed in the stream during low flow periods to provide fish habitat and protect aquatic communities. The sewage treatment plant discharges approximately 2. 7 cfs. The state does not believe that a city discharge to Bear Creek necessarily assures that the flow will be available in the creek to the mouth. Current water rights holders below Ashland could remove the effluent long before the mouth of Bear Creek. Therefore', to gain the most we can for Bear Creek we need to look at flow maintenance/enhancement options that provide the target minimum flow of 10 cfs throughout the stream and protected it from further out-of-stream appropriation. This type of basin approach may include among other things, nonpoint source controls, riparian area restoration, and treated effluent/irrigation water trades not only for the City of Ashland but for Medford as well. The state believes that solutions which provide protected stream flow which can be protected to the mouth are very favorable solutions. We asked the City to work with us and others to put a basic water quality/water quantity strategy together for the basin. This will obviously take more time than currently contained in the EQC Stipulation and Final Order. During the phone call Fred Hansen stated that he would look favorably on an extension for this purpose. If the final selected option subsequently takes longer than the compliance schedule in the Administrative Rules, the Department of Environmental Quality would need to make a request to the EQC for a rule modification to appropriately extend the current deadline. 1 ' Page 4 I believe we need to scope out basin-wide options in short order. This should take just a few months. After this the city would then proceed to select a treatment option. I should emphasize that the City of Ashland can submit a plan which will meet all water quality standards at any time. It is our strong belief, however, that we must take the time to examine the potential for a basin-wide approach because it may offer tremendous overall benefit. Our request for the City to work with us on this does not predetermine the city's option. The extension of the SFO deadline is not contingent on the city accepting a predetermined option. It is for the purpose of exploring basin-wide options that not only address Ashland' '; wastewater control needs, but other water quality/quantity needs of the basin. Sincerely A ttA&I Anne Squier Senior Policy Advisor for Natural Resources AS:NM:crw SA\WC11\WC11672 . 5 cc: Fred Hansen Randy Fisher Bruce Andrews Martha Pagel Councilman Winthrop Brian Almquist Mike Downs Neil Mullane CITY OF ASHLAND C. I `7 Y H ;A L L J ASHLAND,OREGON 97529 telephone(code 593)492-0211 July 28, 1993 Mr. Fred Hansen, Director Department of Environmental Quality 811 S.W. Sixth Street Portland, Oregon 97204-1390 Dear Fred: As per our conference call with Anne Squier, Neil Mullane, Rob Winthrop, Brian Almquist, you and I earlier this month, the Ashland City Council has considered your proposal for a "basin approach" to resolving the water quality issues for Bear Creek. Accordingly, the Council postponed any further action on selecting a preferred.option for Ashland's facility plan. The Ashland City Council has requested that you place the interagency proposal in written . form for the their further consideration. The next regular council meeting is the evening of August 3, 1993. I spoke with Neil Mullane and he indicated you would be taking the letter to Anne Squier on Wednesday, July 28th for her signature. This time frame will not allow the City of Ashland to meet the SFO date of July 31, 1993. You indicated that a specific decision or course of action by the Council on the preferred alternative was not critical at this point in time. c� f+" Y «4 1 l _ Mr. Fred.Hansen, Director . July 28,.1993 page 2 We await your response. I am assuming that the Council will set a special meeting to consider your proposal. Thank you for your time and assistance. Sincerely yours, Jv � F Steven M. Hall, P.E. Public Works Director SA4ifm%Sm"%Wdn&Ulm AU . cc: Brian Almquist, City Administrator Mayor and City Council _Anne.Sg4ier, Govemor's Office Neil Mullane, DEQ Marc Prevost, RVCOG Y � i Ii t