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HomeMy WebLinkAbout1994-1101 Council Mtg PACKET Imo n : 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 fill out the Speaker Request form located near the entrance to the Council Chambers. The Chair will recognize you and inform you as to the amount of time allotted to you. The time granted will be dependent to some extent on the nature of the item under discussion, the number of people who wish to be d, and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL November 1, 1994 I. PLEDGE OF ALLEGIANCE: 7:00 p.m., Civic Center Council Chambers H. ROLL CALL ,✓ III. APPROVAL OF MINUTES: Regular Meeting of October 18, 1994. IV. SPECIAL PRESENTATIONS & AWARDS: 1. Proclamation of October 24, 1994 as "United Nations Day" and the beginning of the U.N. Fiftieth Anniversary Observance. V. CONSENT AGENDA: L Minutes of Boards, Commissions and Committees. 2. Monthly departmental reports - September, October 1994. 3. City Administrator's Monthly Report. 4. Confirmation of Mayor's appointment of Peter Finkle to the Planning Commission for an unexpired term through April, 1995. 5. Authorization for Mayor and Recorder to sign indemnification agreement for vehicle acceleration lane at Ashland Municipal Airport. VI. PUBLIC HEARINGS: 1. Proposed redefinition of Wildfire Lands and adoption of map outlining affected areas. Planning Action 94-119 is a request for an amendment of the Physical Constraints Overlay Map - Wildfire Lands and modification of Section 18.62.090 of the Physical and Environmental Constraints Ordinance - Development Standards for Wildfire Lands. (Applicant: City of Ashland) VII. PUBLIC FORUM: Business from the audience not included on the agenda (limited to 3 minutes per speaker and 15 minutes total). VIII. NEW AND MISCELLANEOUS BUSINESS: 1. Request from Jim and Wink Jean, 2855 East Main Street, to connect new and existing residences outside the City Limits to City sewer system. 2. Request from Hospital Board for approval of Capital project expenditures. i IX. ORDINANCES. RESOLUTIONS & CONTRACTS: 1.J Second reading by title only of "An Ordinance amending Sections 3.08.010, 3.08.040, 10.110.010, and 10.110.030 of the Ashland Municipal Code to Conform to the City's Employment and Housing Ordinances and Policies Prohibiting Discrimination on the Basis of Sexual Orientation and Disability". 2. First reading by title only of "An Ordinance of the City Council of the City of Ashland amending the Physical Constraints Overlay Map - Wildfire Lands - and modifying Section 18.62.090 of the Ashland Land Use Ordinance -- Physical and Environmental Constraints - Development Standards for Wildfire Lands". X. OTHER BUSINESS FROM COUNCIL MEMBERS XI. ADJOURNMENT MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL October 18, 1994 CALLED TO ORDER Mayor Catherine M. Golden called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councillors Laws, Reid, Hauck, Acklin, Winthrop were present. Councillor Arnold was 1 absent. t APPROVAL OF MINUTES 1 The Minutes of the Regular Meeting of October 4, 1994 were accepted as presented. 't SPECIAL PRESENTATIONS & AWARDS 1. 25-year service award to Police Department employee Daymon Barnard. 2. 26-year service award to Public Works Department employee Dennis Barnts. 3. Proclamation of week of October 22-31, 1994 as 01994 National Red Ribbon Celebration Week." 4. Proclamation of week of October 2430, 1994 as "Unfunded Mandates Week." CONSENT AGENDA 1. Minutes of Boards, Commissions and Committees. 2. Monthly departmental reports - August, September, 1994. 3. Liquor license request from Azteca Mexican Restaurant, 2345 Ashland Street, Suite 205 (applicants Victor Ramos, Jaime Ramos, Hector Ramos; Jose Ramos, Pedro Diaz, and Randall Thurman). 4. Request for Council to designate voting delegate at League of Oregon Cities Annual Conference. Councillors-Acklin/Winthrop mis item #4 be moved to New and Miscellaneous Business for further discussion and m/s approval of Consent Agenda. Voice vote all AYES. PUBLIC FORUM: Business from the audience not included on the agenda (limited to 3 minutes per speaker and 15 minutes total). No response. UNFINISHED BUSINESS 1. Adoption of findings, conclusion and order on P.A. 94-081 to construct 114-unit retirement facility located on the east side of North Main Street, opposite the Maple Street intersection. C (r.Miuuta\10.19-94.min•pg.1) Community Development Director John McLaughlin reviewed information with Council. Councillors Hauck/Acklin m/s adoption of findings, conclusion and order on P.A. 94- 081. Roll call vote: Laws, Reid, Hauck, Acklin, Winthrop YES. Motion passed. NEW AND MISCELLANEOUS BUSINESS 1. Presentation by Eric Dittmer of white paper titled "Reclaimed Water as a Water Resource Option". Eric Dittmer reviewed basis of his white paper. Director of Public Works Steve Hall endorsed the white paper and encouraged Council to support further study of this issue. Mayor Golden and Councillor Pat Acklin volunteered to represent City on study group. Councillor Reid asked Mr. Dittmer to have a copy of the white paper made available at the Ashland branch of the Jackson County library. 2. Request from David Fadden to appeal Finance Department's determination to reclassify his sewer from residential to commercial. David Fadden reviewed his request with Council. Director of Finance Jill Turner reviewed basis of determination on this account from residential to commercial utility billing. City Attorney will research amending rate resolutions to include definitions of Residential, Commercial, Industrial and Multi-family Dwelling categories used to establish utility rates. 3. Request from Councillor Hauck that City Council adopt a resolution by Mark Huddleston in support of Jackson County Criminal Justice Levy. i Councillor Hauck introduced District Attorney Mark Huddleston who reviewed background for resolution. Councillors Hauck/Acklin m/s adoption of Resolution 94-64. Voice vote all AYES. Consent Agenda Item N4. Request for Council to designate voting delegate at League of Oregon Cities Annual Conference. Councillor Reid will be delegate. Councillor Hauck will be alternate. ORDINANCES. RESOLUTIONS & CONTRACTS 1. First reading by title only of "An Ordinance amending Sections 3.08.010, 3.08.0409 10.110.010, and 10.110.030 of the Ashland Municipal Code to Conform to the City's Employment and Housing Ordinances and Policies Prohibiting Discrimination on the Basis of Sexual Orientation and Disability". Councillors Hauck/Laws m/s to second reading. Roll call vote: Laws, Reid, Hauck, Acklin, Winthrop YES. Motion passed. (r.Ptinutu\10.18.94.min.pg.P) 2. Second reading by title only of "An Ordinance amending Section 18.08.300 and adopting Chapter 18.94 of the AMC relating to home occupations." Councillors Winthrop/Hauck m/s adoption of Ordinance 2744. Roll call vote: Laws, Reid, Hauck, Acklin, Winthrop YES. Motion passed. 3. Second reading by title only of "An Ordinance amending Section 4.24.030B of the AMC to increase the minimum rent exemption from the transient occupancy tax to $15.00." Councillors Laws/Hauck m/s adoption of Ordinance 2745. Roll call vote: Laws, Reid, Hauck, Acklin, Winthrop YES. Motion passed. 4. Reading by title only of "A Resolution transferring and increasing appropriations within 1994-95 budget". Councillors Hauck/Reid m/s adoption of Resolution 94-63. Roll call vote: Laws, Reid, Hauck, Acklin, Winthrop YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS Rob Winthrop reviewed with Council study being conducted by RVCOG and RVCivic League on growth and liveability in Rogue Valley. Director of Public Works Steve Hall announced that Ashland had received the Department of Energy's "Clean Cities Award" in conjunction with the Rogue Valley. This was the first awarded in the northwest and the first awarded to a rural area. This award recognition will enable future federal funding for alternative transportation energy programs. AD.IOURNMENT 8:30 p.m. Nan E. Franklin, Recorder Catherine M. Golden, Mayor (04ivut \161847.mia-pg.7) i i •+.n ....1 �/rnw 1 ..ugr xr m.Rii.c. iR ',� rx. 4 • nw / + �N t.r^ ( t wnvw �. � - r%a/Its•�i; t. �•.il�a�i'a�, r1P�i, 7r Ran a a + � V �.F_ .� rM ll / V J S., +wry '. V + r'•°u � I I 1 Nnw tGi' /rnla -!1 nn (` ¢7 ✓ `�€°e F! � ; / y<Sl/� y. /.,, 7 .T q V.�. I�#Ir )„ GI , ' rr• g1i(�(r! ill 4�+91i+6 PROCLAMATION 1.-;s ✓ ` (�4 WHEREAS, the United Nations was founded in 1945 and the anniversary of its founding is observed "":51114 •i�%a r... ,. t.t49•,',,, each year on October 24; ;=u\ . A -> . WHEREAS, the fiftieth anniversary of the United Nations will be October 24, 1995; and :t'i15 ) ',_ WHEREAS, the United Nations stem has a commendable record of achievement and faces s h F-r:rs extraordinary challenges in preventing and resolving conflict, protecting the earth's environment, :=' is'.. elevating standards of living through sustainable economic development, and promoting humane and �f democratic values' and 0A. • ?� WHEREAS, the work of the United Nations has a direct impact on the people of the United States and ;" Y({"ti'• >� all the world's peoples, directly affecting their security, health, economic well-being, and enjoyment of basic freedoms• and ''" s+ „ WHEREAS, the immense challenges facing the Uhited Nations require public support of the goals of •� a the United Nations Charter and ll ;;.y1FSsr: WHEREAS, the U.N. -General and the General Assembly have called upon all peoples to `-=' =_,i observe the organization's fiftieth anniversary and in the United States the United Nations Association {?IT (#��J of the USA, the League of Women Voters and many other citizens' organizations are marking the :?:uaes .fiftieth anniversary; and ; :,(f► 4 Vie;- 2:f WHEREAS, Lois Allen and Betty Wilson of the Ashland League of Women Voters are co-chairs of `,„= ,r^ UN50 in Southern Oregon working with a UN50 Committee co y .•rm .,- composed of community leaders to or anizz events and activities to educate the citizens about the United Nations, its past achievements, ,i �) present challenges, and future potential and to encourage their commitment to the goals of the United Ili Nations Charter, and = Ftlfhb Y WHEREAS, the citizens of Ashland should take part in activities related to the U.N.'s fiftieth =5. i annversa'}' beginning with the observance of United Nations Day in 1994. NOW, THEREFORE, I, Catherine Golden, Mayor of the City of Ashland, Oregon, officially proclaim al{li)1 ' October 24, 1994 as UNITED NATIONS DAY and the beginning of the U.N. Fiftieth Anniversary Observance in Ashland, Oregon. (1fJit:, ,. Dated this 19th day of October, 199/y 1 Nan E. Franklin, Recorder Catherine M. Golde Allfi_5. r` ' ❑, Mayor !1 VR ,i y�5-:'!11G1o� •�gip\t s,ls ,a / _ t 1 v a. t :r It,l m(r � ��•'� e \/�. w. Y/ •a/. ) P•in",• , �. ) ��I"vy� .A \Je rsti !� � 1 A 4` 1'r �'4i 2 \ � � /wv� u• : yai n a t I l ,, t. .�av iR. - l � r�1./ + . a n`e'4 A 1� , t �. .. r...w.. r r�..�N.<�_.. ..Vi.\N .... ._ ✓ tt .. 11 / I A a1//M T r ..... h'.�-.. /. .a y I <,�_... +r. �.�. ..,n Gam• CITY OF ASHLAND PARKS AND RECREATION COMMISSION REGULAR MEETING MINUTES September 29, 1994 Chair Alsing called the meeting to order at 7:00 p.m. at the department office, 340 S. Pioneer Street. ATTENDANCE: Present PatZ 0 s, Al Alsing, Teri Coppedge, Bob Malone, Ken Mickelsen. Absent Laurie MacGraw I. ADDITIONS OR DELETIONS TO THE AGENDA None H. APPROVAL OF MINUTES A. Regular Meeting - August 30, 1994 Commissioner Adams made a motion to approve the minutes of the Regular Meeting of*August 30, 1994 as written. Commissioner Coppedge seconded. The vote was: 4 yes - 0 no B. Special Meeting - September 7, 1994 Commissioner Coppedge made a motion to approve the minutes of the Special Meeting of September 7, 1994 as written. Commissioner Adams seconded. The vote was: 4 yes - 0 no III. BILLS AND FINANCES A. Approval of previous month's disbursements Commissioner Coppedge made a motion to approve the previous month's disbursements as indicated by Payables checks #9625 through #9801 in the amount of $122,285.47.and Payroll checks #7449 through #7580 in the amount of$49,447.29. Commissioner Adams seconded. The vote was: 4 yes - 0 no B. Approval of June 30, 1994 Quarterly Financial Statement Commissioner Adams made a motion to approve the June 30, 1994.Quarterly Financial Statement as presented. Commissioner Malone seconded. The vote was: 4 yes - 0 no Regular Meeting - September 29, 1994 Page 2 Ashland Parks and Recreation Commission IV. AUDIENCE PARTICIPATION ON THE AGENDA A. Lisa Ennis - proposal regarding dog areas in parks Lisa Ennis (225 W. Nevada) indicated that she had been working with Larry Roven and others interested in having areas in Ashland's parks provided for dogs. She said that they had asked to be placed on the agenda in response to the Commission's previous decision to create two temporary trial areas for dogs at the Water St. site and on the Wade property on the Greenway. Steve Ennis read a letter into the record which stated that the group of interested persons which Ms. Ennis represented felt that the trial period set was too brief to give a true indication of interest and that both areas were unsuitable at this time due to lack of development. She said that the group felt that only after a-long trial period at a properly developed site could the success of pet areas in parks be decided. The letter also indicated that successful pet areas in other cities' parks were fenced, had a moderately groomed surface, and had receptacles for dog waste. They said that they understood that the Commission was planning to develop the Water Street property this fall and asked that, even though the area was quite small, that the Commission consider fencing the area and using that area as a trial area for dogs for one year. In discussion, Commissioner Adams inquired as to whether or not the group had considered raising some funds or volunteers to match the expense which would be incurred to provide a trial area for pets. Ms. Ennis indicated that the only additional cost . to the Commission would be for fencing which would not be much. She said that their group did not have the money themselves, nor-were they fundraisers. She indicated that because the area would not have to be sodded, just cleared of rubble, she felt that the Commission's cost to develop the area would be less. She said that she had difficulty with the concept of the Commission asking for money when the development had already been budgeted. Commissioner Adams explained that frequently groups interested in special projects or neighborhood parks offered to match funds or volunteer time in order to help get a project off the ground. 1 As discussion continued, Commissioners indicated that they were concerned about revising the development plans for the Water Street site preferring to keep with the plans to develop it into a quiet, passive area along the creek, a pocket of green in a semi- industrialized area. Discussion of using a portion of the Wade property for a long term - trial was discussed. Ms. Ennis said that she believed that a larger fenced area would provide a more realistic trial. Mr. Roven expressed concern that the Wade property was a distance from town. Director Mickelsen indicated that in a recent discussion with the parks staff from Eugene that they had indicated that all of Eugene's pet areas were in undeveloped areas, not in necessarily in neighborhood parks. Commissioners decided that they did not choose to make any kind of decision prior to taking a look at the area and developing some kind of cost estimate. Commissioners decided to visit the Wade area as a group to look at the site to determine which specific location and how large an area might be feasible for a temporary, fenced site. Regular Meeting - September 29, 1994 Page 3 Ashland Parks and Recreation Commission Temporary doe area for parks continued Commissioners asked staff to determine cost for a temporary.fence approximately 4' high surrounding approximately 1 acre, a couple of benches, and containers for pet waste. Director Mickelsen also said that he would see if there was a readily available water source to tap into on the site to provide water for the animals. The Study Session (park walk) was set for 4:30 p.m. on Wednesday, October 19 meeting at the Wade property. Ms. Ennis was encouraged to let any interested persons know who might like to attend. V. AUDIENCE PARTICIPATION NOT ON THE AGENDA None VI. OLD BUSINESS A. Discussion of topics related to Siskiyou Mt. Park Trails and signage. Director Mickelsen introduced Phil Ackerman, the Forest Service's trail expert, who has been working with staff on developing a conceptual idea for signs for the area. He said that staff would like a consensus from the Commission to proceed with purchasing the signs along the guidelines which would be presented by Mr. Ackerman and to establish names for the four lateral trails which take off from the main trail commonly referred to as the White Rabbit trail. Commissioners reviewed a map of the area with Mr. Ackerman reviewing existing trails and developing trails.. Commissioners reviewed the proposed concept for signage which would integrate with Forest Service areas outside the Siskiyou Mt. Park as well as the location and numbers of signs. In discussion, the Commission chose to continue the "Alice in Wonderland" theme in naming the lateral trails and other future trails. Vegetation Regrowth Control. . Commissioners reviewed a memorandum from staff and a letter from Fire Chief Woodley regarding controlling vegetation regrowth related to fire prevention in the Siskiyou Mt. Park. The staff memorandum outlined three methods for controlling the regrowth: burning regrowth each year with fire crews, broadcast .burning, and a combination of selective spraying and crew work. Chief Woodley's letter to the Commission strongly supported selective herbicide spraying as "regrowth will soon exceed our ability to manually maintain the necessary fuel breaks." Jeff McFarland, department Forestry Specialist, indicated that staff was proposing to very selectively use Garlon 3A, an herbicide of extremely low toxicity, to suppress the re- sprouting of wildfire fuels which have previously been cut and burned. He explained that the herbicide would be used with a "sticker" which would adhere the chemical to just the plant on which it was sprayed so that it would not affect the ground or surrounding vegetation. .He said that it was a catalytic, systemic herbicide which increased the metabolism of the plant causing it to burn itself out. He indicated that Garlon 3A had been subjected to extensive testing and was not injurious to wildlife. He said that the only caution for the chemical is that it is not to be used in a water course. He said that there Regular Meeting - September 29, 1994 Page 4 Ashland Parks and Recreation Commission Controlling regrowth continued were no plans to use it near any water course. Mr. McFarland also reviewed the other two options as to effectiveness for controlling the vegetation, cost, and safety in controlling wildfire situations. In discussion, Commissioner Alsing and Adams reported that they personally had used Garlon 3A with no problems and had found it very effective. Commissioner Coppedge inquired about the toxicity of the chemical as compared to 'Round-up'. Mr. McFarland reported that 'Round-up' had an even lower toxicity level but would not be effective against the woody stemmed plants in the area. He explained that because the herbicide would be used with the "sticker" it could be used during the rainy season because it would not wash off. He said that an incidental advantage to this method would be that the plants' root systems would be left in tact to help hold the loose, granitic soil in place on the steep slopes. MOTION Commissioner'Adams made a motion to adopt the policy of selectively using an herbicide as outlined by staff to suppress regrowth of wildfire fuels in Siskiyou Mt. Park and authorizing staff to proceed with the work necessary. Commissioner Coppedge seconded. The vote was: 4 yes - 0 no Commissioners also briefly reviewed a list of various topics which needed consideration regarding Siskiyou Mt. Park and set a Study Session for 6:00 p.m. Wednesday, October 19 (following the walk of the Wade property) to continue to discuss the topic of trails in the area. Staff was asked to contact various groups such as the Forestry Commission, bicycle shops, and hiking/walking groups which might be interested in attending to give public input. B. Review of draft Concessionaire Agreement for Oak Knoll Golf Course Prior to reviewing the draft Concessionaire Agreement, Director Mickelsen briefly outlined the process the Commission would be pursuing in selecting an operator for the golf course. Director Mickelsen and City Attorney Paul Nolte indicated that the draft agreement would be sent out with a Request for Qualifications to those persons who were interested in the position. In the Request for Qualifications, applicants would be asked to review the agreement and to make suggestions for improvement or alterations where appropriate. After the Request for Qualifications from interested parties had been received and reviewed, the concessionaire agreement would be revised, if appropriate, and Requests . for Proposals would be sent to those applicants that staff selected to continue the process. Once the Request for Proposals had been returned, they would be reviewed and specific candidates would be asked to interview. In explaining the Request for Qualifications process, Mr. Nolte explained that although it added another step to the process, it could be very valuable because the Commission could learn where weaknesses might lie in the agreement as first drafted. Commissioners expressed concern that the additional step would delay the process of having someone on Regular Meeting - September 29, 1994 Page 5 Ashland Parks and Recreation Commission Review of Pro Shop agreement continued board by January 1st. Director Mickelsen indicated that although it would force the timeline, he felt that the process could be valuable enough to recommend that the RFQ be included and that it may still be possible to have someone on board by the first of the year. Responding to a question on advertising, Director Mickelsen indicated that notice would go out to the Pacific N.W. Section of the PGA and would be published in the national PGA newsletter. Commissioners began reviewing in detail the draft Concessionaire Agreement for professional services for Oak Knoll with Mr: Nolte. MOTION At 10:00 p.m., Commissioner Adams made a motion to extend the meeting until 10:30 p.m. Commissioner Malone seconded. The vote was: 4 yes - 0 no Commissioners continued reviewing the agreement. Among other details, the length of the agreement for the pro shop was discussed, particularly in its relationship with the length of agreement for the restaurant. In originally determining how the agreements would be constructed, the Commission decided that the pro shop concessionaire would have first option to also contract for operation of the restaurant. Because the Commission was choosing to limit the pro shop agreement to either 2 or 3 years, Commissioner Adams expressed concern that a superior, qualified restaurateur would not be interested in such a short term agreement. She also said that although she understood the pro shop ' concessionaire might want control over the restaurant to assure good service for the golfers, she really questioned whether or not they would have the expertise to run a restaurant. There was some general discussion as to whether or not the Commission had been in error to stipulate that the golf pro would have first option for the restaurant agreement. MOTION At 10:30 p.m., as business was not finished, Commissioner Coppedge made a motion to continue the meeting at 2:00 p.m. Friday, September 30, 1994. Commissioner Adams seconded. The vote was: 4 yes - 0 no Chair Alsing called the meeting back to order. Commissioners Alsing, Coppedge, Adams and Malone were present. City Attorney Paul Nolte was present to continue discussion of the concessionaire agreement for the pro shop. Prior to beginning discussion of the agreement, in response from an inquiry from the audience, Mr. Nolte indicated that the RFQ/RFP process did not.require that an applicant submit an RFQ in order to submit an RFP. However, RFQs were normally used to select down to those applicants invited to submit an RFP. Because of the timeline, Commissioner Coppedge expressed concern that requiring an RFQ might rule out a very good candidate who would have time to get in an RFP but not an RFQ. Mr. Nolte Regular Meeting - September 29, 1994 Page 6 Ashland Parks and Recreation Commission Review of Pro Shop agreement continued suggested wording indicating that applicants were required to first submit an RFQ to be considered for an RFP"'unless otherwise determined by the Commission." In that manner, the Commission at some point in time could choose to consider only those who have submitted RFQs or to keep the process open. Commissioners completed reviewing the draft agreement for the pro shop concessionaire page by page with Mr. Nolte discussing wording and items which were not clear as to the Commission's intent and definitions of responsibility for both the concessionaire and the Commission. Restaurant Agreement. In reviewing the draft restaurant lease for Oak Knoll, Commissioners again discussed the length of term and options for renewal and the need to dovetail the agreements if the Pro was going to have first option on the restaurant lease. Commissioner Adams expressed her concern again that a three year term for a restaurant lease was too short to attract a qualified restaurateur because of the nature of the business. She also said that if it were the Commission's goal to have a first class restaurant.at Oak Knoll that she believed that it should not be under the management of the Pro Shop concessionaire as golf professionals most likely do not have the expertise to run a restaurant. Commissioners continued to discuss the feasibility of linking the pro shop agreement with the restaurant agreement seeking a compatible ground between giving the golf pro sufficient influence over the restaurant operation to insure that golfers' needs are met and a restaurateur enough incentive and security to put time and energy into developing a quality, full scale restaurant operation. Considering the relatively short term of the pro shop agreement, Commissioners generally came to the conclusion that it would be unlikely that a qualified restaurateur would be interested in.such a short term agreement. Director Mickelsen commented that in his experience with municipal golf.courses the pro shop operator offers quick foods such as hamburgers and sandwiches; they do not manage full service restaurants which would require a full time chef and other such amenities. He essentially concurred that if the Commission wanted to continue a full service "restaurant operation that it should probably be a separate operation from the pro shop. Commissioners generally came to consensus that the golfers' primary interest was in having a good restaurant at Oak Knoll which would be attractive to the community at large but which would also cooperate with the.golf pro to provide the kind of service that would enhance the golfing experience on a daily basis and for activities such as tournament banquets. Commissioner Malone recommended that the two agreements be , separated but written to include sections which required certain kinds of cooperation between the two parties setting the Commission as final arbiter of any disagreements. Mr. Nolte concurred that this would be a workable option. Regular Meeting - September 29, 1994 Page 7 Ashland Parks and Recreation Commission Review of Pro Shop aereement continued Commissioners expressed concern that backing out of the decision to link the two by offering the restaurant operation to the pro would concern members of the golfing Resource Group which had generally supported it. Tom Kennedy, a member of the Resource Group who was in the audience, indicated that he understood that there might be advantages and disadvantages both ways but that primarily the golfers were interested in having a good, reliable operation regardless of how it was structured. He said that he felt that if the Commission decided to separate the agreements that he was confident that he could explain the reasons to other members of the Resource Group. MOTION Commissioner Malone made a motion to repeal that portion of the motion previous passed which stipulated that the Commission would offer first refusal of the restaurant concession to the pro shop concessionaire and that the Commission move forward to directly contract with a restaurateur for the restaurant operations at Oak Knoll and that the Commission include clauses in both the pro shop agreement and the restaurant agreement requiring certain specific kinds of cooperation between the two entities indicating that the Commission or its designated representative will be final arbiter if disputes should arise between the two. Commissioner Coppedge seconded. The vote was: 4 yes - 0 no Commissioners stated no strong preference as to whether the agreement for the restaurant should be structured as a concessionaire agreement or as a lease. Commissioners briefly reviewed the lease agreement as drafted by Mr. Nolte and.thanked him for his considerable time and effort in drafting and reviewing the agreements. Commissioners discussed reviewing the information received from the responses from RFQ's for possible changes in the agreement before sending out RFP's. VII. NEW BUSINESS None VIII. CORRESPONDENCE, COMMUNICATIONS, DIRECTOR'S REPORT Director Mickelsen briefly reviewed the status of discussion on the possible acquisition of the following open space properties: the Westgaard property on Granite Street, the Falk viewshed property, the Hudson/Radcliffe properties, and the SOSC Perozzi property. IX. ITEMS FROM COMMISSIONERS Commissioner Alsing reported that the articles for the Parks foundation had been filed. Regular Meeting - September 29, 1994 Page 8 Ashland Parks and Recreation Commission X. NEXT MONTH'S AGENDA The next Regular Meeting was scheduled for Tuesday, October 25, 1994. Review of the comments received from the city utilities newsletter concerning the Youth Activities Levy would be reviewed. XI. ADJOURNMENT With no further business, Chair Alsing adjourned the meeting. Respectfully submitted, Ann Benedict, Business Manager Ashland Parks and Recreation Department i i ASHLAND HISTORIC COMMISSION Minutes October 4, 1994 CALL TO ORDER The meeting was called to order by Chairperson Jim Lewis at 7:40 p.m. Members present were Terry Skibby, H.L. Wood, Larry Cardinale, Jim Lewis, Bill Haiffr'Steve Ennis and Keith Chambers. Also present were Senior Planner Bill Molnar;and Secretary Sonja Akerman. Casey Mitchell and Chloe Winston were absent. APPROVAL OF MINUTES Ennis moved and Skibby seconded to approve the Minutes of the September 7, 1994 meeting as submitted. The motion passed unanimously. STAFF REPORTS PA 94-121 Site Review 50-52 East Main Street (F.L. Camps Building) Oregon Shakespeare Festival Association (OSFA) Molnar explained OSFA plans to completely remodel the second floor of the F.L. Camps Building and construct it 640 square foot addition located where the old one was removed. A wood deck will also be constructed . The exterior will match the worn brick facade, and the skywall on the west side that has been covered up for years will be rebuilt. Also, all the second floor windows'wiil be replaced. Molnar noted OSFA will be working with an arborist and taking extreme precautions to retain the ivy. There will be.Fninor changes in the landscaped areas. Also, new ramping will replace two existing shortiltairways. Cardinale asked about the new transformer to be.located near the Chaufauqua Walk and how it will be screened. Molnar stated if it w6' concealed by lattice, it would probably attract more attention, so plantings will be used to,s en it. Ennis wondered if there would 11 be enough room for plantings. Gary Afseth, ai•chit t for the project, stated there should he three feet on each side of the pad the transformer will sit upon. Skibby asked about the brick on the'east wall. Afseth related the plans call for brick which will replace the wood framed walls. The brick facade will consist of masonry walls with full- sized brick as a veneer. Afseth clarified, when asked by Cardinale, that the brick will be on all three walls. In discussing the skywall, Skibby noted the building was designed by Frank Clark and the skywall existed in a 1913 photo he had. It was probably removed in the 1940s. Afseth said the skywall will be a full size five unit panel that will match what is existing below. He also related all the windows will be new wood double hung ories with painted metal frames. He went on to say they also plan to restore the pilasters and pediments. f Ennis questioned the area between the grate and new wall. Afseth said it will be a planter. The grate will be raised a little to accommodate the new ramp. Ennis also asked about the deck area and the Chautauqua Walk. Afseth answered the stairway will be curved and narrowed from 15 feet to 10 feet to create a softer transition to the brick rather than just a straight line. This will blend in more with the landscaping. Ennis stated it will change the traffic flow and Afseth agreed. Chambers wondered if this would give the public a restricted feeling. Afseth said they are only adding 100 square feet more than the old addition that was removed. He said he felt it will create a larger visual space and will average out well. Also, OSFA is comfortable with it. When asked about the ramp, Afseth said it will provide ADA access to Macaroni's and to the Camps Building. Skibby said he felt this was a good design and would feel comfortable approving the plan. Chambers questioned Molnar about the proposed deck and if it will be located on public or private property. Molnar said he assumed it will be on private property, but that will need to be cleared up in the final survey. He apprised the Commission the OSFA theaters are located on City property and the land is leased. Any encroachment on City property, however, could be approved by the City Council. Skibby asked about the center rail on the stairway, and Afseth said it will probably be replaced due to ADA requirements. Chambers asked Afseth if they had considered a smaller deck and giving two feet back to the walkway. Afseth said it was discussed at length with OSFA and the landscapers, who all felt ten feet would be ample. Of course, they would be willing to take another look. Ron Thurner, 1170 Bellview Avenue, said he would like to address the issue of seismic retrofitting of the building. Afseth said this is being done now. The Site Review is Phase 11 of the project, while Phase I consisted of interior strengthening of the walls against earthquake forces. Afseth also noted the building will be receiving a new roof. Phase I is almost complete. Skibby moved to recommend approval of this action. Ennis amended the motion, stating the Historic Commission would like to add the owner and architect consider widening the walkway two to three more feet in order to allow a smoother traffic flow. Skibby agreed to this amendment. Cardinale seconded the motion and it passed unanimously. PA 94-117 Site Review and Outline Plan Approval Church Street M.H. Hedges Molnar explained this application is for a seven-unit, seven-lot, multi-family townhouse subdivision. Each unit will be on its own tax lot, while the open space will be owned in common. Five of the seven units will be connected by common walls. •The architect has Ashland Historic Commission Minutes October 4, 1994 Page 2 made the structures compatible with those on the opposite side of Church Street. The majority of the parking will be off the alley behind the Bard's Inn Annex. There are five existing large trees on the property which will be retained. A lap pool will be constructed in the open space area. The height of the buildings seems to be a concern of the neighbors along Church Street. The highest gable will be 29 feet. Molnar noted the building heights in the area, from approximately 16 feet (Pat Sprague's Real Estate Office) to Bard's Inn Annex at around 36 feet. He explained 35 feet is the maximum height in a residential zone. Harriff asked about building heights on Church Street. Molnar said the Pat Sprague Annex is around 25 feet and the single story houses are probably around 16 feet. The proposed heights of the townhouses average 241/2 feet. Molnar continued, stating Staff is recommending this action be continued and heard at the November meeting. Concerns include 1) lot coverage (65% is allowed in an R-2 zone, 72% is being proposed), 2) design configuration for backup and parking areas off alley, 3) density (6.95 or 6 units are allowed, 7 units are requested - however, the lap pool, which is part of lot coverage, may be used for density bonus), and 4) solar waiver potentially needed for one of the units. Currently, there is not enough information. Lewis stated he feels the project would look more friendly if there was a separation between the buildings. Harriff agreed and said the Church Street side seems imposing. He suggested Cutting hack to six units, as it would fit better into the neighborhood. The scale and massing should be reduced. Ennis said he also agreed, but stated the project itself is well designed. He suggested reorienting the buildings, and also said the neighbors would get a better perspective if they could see a three dimensional view of the project, as the lines of the buildings are broken up and not in a straight line. The Commission agreed if taken individually, the designs are very nice. Harriff asked the designer, David Larsen, if he had explored separating the buildings. Larsen answered there is energy savings involved in having fewer exterior walls. The yards, fences and trees will also break up the design. Ennis commented he felt the tower on the corner would be too much and that he has seen too many of them lately. Mary Maher, 56 Church Street, stated she is concerned with the massiveness of the project. It is disheartening because she is not a developer. When she bought her house, she said she checked with the Planning Office about the lot across the street and was told since it was zoned residential and in the Historic District, it could not be anything massive. She said she is very distressed and added the developer never talked with any of the neighbors. David Larsen responded the owners are not developers, but want to do something that will fit into the neighborhood. Steve Morjig, 610 Chestnut, said he may be the contractor for the project and that he was under the impression the owner had spoken with a number of neighbors. Ashland Historic Commission Minutes October 4, 1994 Page 3 Ron Thurner asked Molnar about density bonus points and related his understanding was that fractions did not count; therefore, there would only be six units that could be approved. Molnar confirmed fractions don't count, but asserted it is possible to gain bonus points using energy conservation and water conservation in the project. He noted that even though the height restriction will be met, scale and massing need to be addressed, especially with respect to the Site Design and Use Standards in the Historic District. Larsen explained the townhouses are 22 feet wide and the actual second floor is built into the roof structure. He said he worked within the codes, but he is willing to look at options. He added the garages are all roof top gardens. Winn Frankland, 122 High Street, concurred about the massing. She said this lot is not much bigger than hers, and if she would have known about this project, she would not have bought her house. The access to her carport is through the alley and she is concerned about the increased traffic. Dennis Jarvi, 117 High Street, said nobody was apprised of this project. Some had heard there would be four units. but this is the first they heard of seven units. The neighbors are concerned with kids and traffic. Moijig suggested the neighbors get together and send a letter of their concerns to the owner. Ennis recommended the garage with unit 1 be flipped with unit 2, and perhaps unit 3 pulled over. Larsen said he dealt with what was there. The driveway cut was existing and the transformer box for Bard's Inn needed to be taken into consideration. Mark Jenne, 92 Church Street, said he does not have much appreciation for economic hardship in this case, as the owner of the lot will make money with five or six units. He does like the architecture. He also does not object to the alley units, but he does object to the Church Street side. You will see a long unbroken building, which is not in character with Ashland. If the middle structure on the Church Street side were removed, he could live with it. Lisa Schumaker, 122 High Street, conveyed she also is concerned with the alleyway and the density of traffic in the area. She said she would not like to have that many cars and kids in the alley. She would like to see less units to deal with the density. Lewis stated these concerns should be brought to the Planning Commission meeting. Thurner said he would like to amplify the comment about the project meeting the standards. The Planning and Historic Commissions have a great deal of latitude because it is in the Historic District. The Site Design Standards apply. Obviously, there are quite a few outstanding issues not addressed at this time. A change of 2% could dramatically alter the design of the project. He wanted assurance it would come before the Historic Commission again if it is continued. Molnar stated the Commission needs to give clear design Ashland Historic Commission Minutes October 4, 1994 Page 4 recommendations, and Staff has not attached conditions yet. Therefore, if the Planning Commission agrees to a continuance, this will come before the Historic Commission again in November. Morjig stated some of the areas of concern are ready to be addressed now. Larsen indicated he had redone the landscaping and the lot coverage is now down to 62 0/j. The patios have been removed and replaced with lawn. He noted the building foolptint covers only 33% of the total area. Harriff maintained he liked a lot of the design elements and he does�not want to see the design replaced with something ugly. However, he feels that too much is being crammed in and the increased traffic will crowd the alley. If one unit were-to be removed, it would help. His concerns are with the density and massiveness of the project. 1�'Irsen noted the alley width has been doubled. Ennis said since the Commission is agreeing on the overall architectural design, he wants it to be clear this is separate from the Planning issues. Chambers moved to generally recommend approval of the overall nature of the design, but that the Commission is recommending a continuance based on the factors of streetscape on Church Street, which could be alleviated by eliminating the center unit to be more in scale With the residential nature of the street. Harriff seconded the motion and it passed Unanimously. (Chambers and Alobtar left at this time - 9:30 p.m.) BUILDING PERMITS Permits revieweti by meml) rs of the Historic Commission and issued during the month of September follow: 125 North Main Street Elaine Martens ft 'Remodel Basement 168 Meade Street Ted Clay V ^ Iremolition SFR 250 Oak Street Lance Pugh " T 'rant Improve in 20 Heiman Street Bard's Inn " h m otel Units: ; 521 North Main Street Helping Hands/Dr. Scott Young,..Sign 15 North First Street Firefly Restaurant Sigh t; REVIEW BOARD Following is the schedule (until the next meeting) for the Review Board,.ivhich meets every Thursday at least from 3:00 to 3:30 p.m. in the Planning Department: October 6 Skibby and Cardinale October 13 Skibby, Lewis and Wood Ashland Historic Commission Minutes October 4, 1994 Page 5 a [ • October 20 Skibby, Lewis and Wood October 27 Skibby, Cardinale and Winston OLD BUSINESS Siskiyou Boulevard Changes Skibby reported he had met with two representatives from the Oregon Department of Transportation (ODOT) and Pam Barlow (from Public Works) on September 14th. ODOT is doing an environmental assessment of Siskiyou Boulevard. It will be looking at eligibility for the National Register as if Siskiyou Boulevard was actually on the Register. He pointed out the islands have been changed quite a few times over the years. More public meetings will take place before final plans are drawn up. They are currently in a preliminary stage. Lewis reiterated the importance of retaining the islands, even though they may be reduced. Skibby said the State plans to extend the islands to Walker Avenue, and asked if the Commission felt there should be a separation of the historic islands with the new ones. Ennis stated the development along Siskiyou Boulevard will make the distinction. Skibby also noted vegetation will be addressed at a later time. Seismic Retrofitting This will he put on hold to await Building Official Mike Broomfield's preliminaries. Goals The top tin ee ranked goals were discussed. 1) Help move ahead the currently stalled alley initiative with presentation to City Council. 2) Run monthly meetings more effectively by controlling and limiting public: testimony to the issues being directly considered. 3) Promote adoption of Historic Preservation Ordinance and Heritage Landmarks List. Lewis stated the alley issue will be addressed within the ODOT grant recently received by the Cities of Ashland and Jacksonville. Also, the Planning Department is moving forward in its attempt to become a Cenified Local Government (CLG). In the process, the primary goals to accomplish before next June include: adoption of the Historic Preservation Ordinance, adoption and updating of the interim Heritage Landmarks List, and the development of set specific design guidelines for each area within the Historic District. New Railroad Park Lewis stated the Parks Department would like Historic Commission input on the placement of the plaques. It was decided Lewis would talk to Ken or Steve in Parks to request information on the budget, and to let it be known the Commission would like to see Bill Emerson's plan of the area, which was dated May 23, 1994, go into effect. if Ashland Historic Commission Minutes October 4, 1994 Page 6 Proposed House at 228 "B" Street The Commission took an informal look at the revised plans for the proposed house at 228 "B" Street. Skibby will inform the owner of Historic Commission concerns. NEW BUSINESS Renaming the Plaza In consideration of the letter to the Mayor sent by Jud Finley regarding renaming the Plaza area HELMAN PLAZA, the Commission unanimously agreed with Kay Atwood's statements on why the name should remain as it is. Ennis so moved and Harrill seconded the motion. ADJOURNMENT It was the unanimous decision of the Commission to adjourn the meeting at 10:30 p.m. Ashland Historic Commission Minutes October 4, 1994 Page 7 October 30, 1994 M E M O R A N D U M TO: Honorable Mayor & City Council FROM: Brian L. Almquist, City Administratov�/ SUBJECT: Monthly Report - October 1994 / (/ 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 1994-95. I. PRINCIPAL ACTIVITIES: 1. Had lunch with County Administrator Raymond to discuss ORS 190 agreement for Cable Access, as well as other City/County issues. 2 . Met with City Recorder candidate Judy Kaplan at her request to discuss duties of the position. 3 . Met with owner of downtown restaurant regarding his concerns about the table throwing incident at Alex's. 4 . Met with Councillor Winthrop and Peggy Christiansen about format of salary survey for management positions and position classification study. 5. Attended meeting of Rogue Valley Civic League Research Committee in Medford to review their draft report on the effects of Ballot Measure 5. . 6. Met with SOSC officials on options for realignment of Indiana Street at Siskiyou Blvd. 7 . Met with Pete Belecastro of RVTV to progress of move to music building and other issues. S . Attended meetings of OMECA and the League of Municipal Electric Utilities in Salem. 1 9 . Met with Rolar Yondorf of Clearsprings Resort to hear of their plans for commencing construction of the Golf Course, and to discuss ideas for cooperation with Oak Knoll Golf Course. 10. Took a day's vacation in order to speak at a noon forum of the Rogue Valley Civic League and League of Women Voters about the effect of Ballot Measure 5 on Municipalities. 11. Spoke again with acting Ashland Ranger regarding USFS plans for relocating the District office now on Washington Street. 12 . Attended half day session in Central Point with Dick Benner of DLCD on the feasibility of implementing regional periodic review of comprehensive plans. (Rob chaired this meeting) i 13 . Attended luncheon with new manager of TCI Cable, Dan Bickford and his assistant, along with Pete Belecastro and Peggy Christiansen to discuss ongoing issues with TCI. 14 . Met with independent cable producer to discuss programming. 15. Met with State Highway Dept.appraiser and Ken Mickelson concerning acquisition of right-of-way cost on Highway 66, adjacent to Oak Knoll Golf Course. 16. Participated as member of assessment center for selection of new Coos Bay City Manager in Coos Bay. 17. Met with achitect Gary Afseth, Paul Nicholson of OSF, i and Steve Sachs of Ashland Bakery to review options for joint I elevator with OSF at rear of City Hall. Arrived at consensus for design. 18 . Met with Steve Hall and Electricians regarding electrical problems at Engineering offices in Wong Building. 19 . Attended French Sister City subcommittee meeting. 20. Participated in monthly Town Hall presentation on RVTV with Mayor Golden and Councilors Hauck and Winthrop. 21. Met with Ralph Westgaard, owner of borrow pit on Granite Street to discuss offer to purchase under Open Space Program. 22 . Hosted luncheon for 23 local government officials from Hokaido, Japan, and made presentation on City and economic development issues. 2 i.; 4; 23 . Attended meeting with Mayor Golden, Councilor Laws and Peggy Christiansen to develop ideas to improve communication with citizens. 24 . Participated in Study Session with Wastewater Consultants and Council. 25. Took a week's vacation to accompany my wife to her trade show in Philadelphia. STATUS OF VARIOUS CITY PROJECTS: 1. Electric Substation. Construction of the substation is now complete and energized. We have also completed our work, but will wait for Winter to remove the old poles. Landscaping is to begin this Fall as soon as the weather cools off. -- 2. Open Space Program. Met with Ron Bolstad, and we plan to meet again to discuss the acquisition of the 40 acre SOSC Perrozi tract. We have made an offer to the owner of the granite pit above Lithia Park, who is checking with his accountant on the tax consequences. In addition, we are discussing acquisition with the owner of the 20+ acre knoll above Strawberry Lane and are close to a settlement. We are still looking into two 20 acre parcels in the interface and a large tract on the North end of town owned by Everett Falk. 3. Wetlands Study. The Council met with our two consulting firms on October 26 to review the costs and alternatives. Specific instructions were given to the Staff and consultants for additional information.. Also, we are awaiting the outcome of the November 10 meeting in Eugene with DEQ and intereste&parties, and answers from DEQ on pilot testing parameters. 4. Capital Improvement Plan. In light of the recently commissioned engineering study on seismic retrofitting City Hall and other cost data, we will postpone a public presentation on the overall plan until late Fall. 5. Office Addition at Civic Center. Working drawings and specifications have been completed. All action has been postponed pending completion of final cost reports on the Ad Hoc Committee's recommendations. t. 3 4, III. STATUS OF COUNCIL GOALS (Uncompleted items) : 1993-94: 1. Deal more effectively with public/media issues. The City Council and Staff agreed to become more active in writing guest editorials and in responding to letters to the editor. (Ongoing) 2 . 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 soon) . 1994-95: 1. Resolve A.D.A. requirements, including giving consideration to back wall defects and full accessibility for City Hall and Engineering offices. A recommendation on barrier removal was presented to the Council on June 5 and adopted. The 94/95 CBDG budget appropriates $22,500 per year for these projects. We are to do the items most beneficial to the handicapped first. The plan will take about 8 years to complete. Also, we have reached agreement with OSF regarding a joint-use elevator at the rear of City Hall. 2 . Form Ad Hoc committee to develop strategies for improved two-way communication between citizens and the Council. Mayor, Councilor Laws and City Administrator met recently to formulate ideas. We will be reporting these recommendations to the Council in the near future. 3 . Revise Land-use procedures to enhance use of neighborhood I problem solving and mediation. Draft being prepared by City Attorney. i s 1994-95 NOTES TO STAFF (Uncompleted items) : 1. Directed City Administrator to investigate the status of the Railroad property; i.e. clean-up, availability for purchase, etc. i 2 . Asked City Administrator to check into red/yellow/green light system for public input at meetings. Brian L. Almquist City Administrator BA:ba 4 L . �of�X41a . � Emorttn � um .,.p4tpp,1 •. . October 20, 1994 - ��- City Council Members rum: Catherine Golden, Mayor e2iur ject: Commission Appointment I would like to appoint Peter Finkle to the vacancy on the Planning Commission which occurred when Susan Powell relocated to Washington in August. The term for this position expires in April, 1995. A copy of Peter's letter is attached. The position vacancy was advertised and responses were received from six individuals. A copy of the advertisement is attached. (r:commlanpoinLmem) Attachments - 2 YOUR CITY NEEDS Y00! The City of Ashland has a volunteer position open on the PLANNING COMMISSION with a term expiring on April 30, 1995. If you are interested in serving on this Commission, please submit a .letter of interest which includes your resums to Mayor Catherine Golden, City Hall, 20 E. Main Street, Ashland, OR 97520. Please note correction: .The application deadline for this position is October 7j .1994. The appointment is expected to be made at the City Council meeting on October 18, 1994. Please publish on Friday, September 30 and Tuesday, October 4, 1994. Any questions, call Rhonda at 482-3211, ext. 24. Peter Finkle 785 Beach Street Ashland, OR 97520 August 31, 1994 TO: Mayor Cathy Golden City of Ashland�i FR: Peter Finkle I am honored to be considered for a position on the Planning Commission, and I will accept if offered the appointment. During my service as a member of the Commercial Development Standards Committee and the Transportation Planning Advisory Committee (TPAC) , I have seen the significant contribution that citizens can make to the future of Ashland. As chairman of TPAC this year, I have become educated about and involved in the long range planning process, and the variety of different needs that must be balanced. I believe that thoughtful planning is essential for Ashland to maintain and improve the quality of life that makes this town special. I look forward to making a contribution in this area. :�0` "'`+y Memorandum , 4EG°.a October 24, 1994 ACID: Brian Almquist, City Administrator rum: Steven Hall, Public Works Director . . ,$UhjEtf: Indemnification Agreement - Dead Indian Memorial Road ACTION REQUESTED City Council authorize Mayor and City Recorder to sign the attached 'Indemnification Agreement". BACKGROUND During the development of the adopted Airport Mastm Plan a concern was raised by Glen Wand in refaeruoe to his ability to access Dead Indian Memorial Road with a large semi-trailer truck be uses for his employment. As a result of those discussions,a"VEHICLE ACCELERATION LAND" was included in the master plan[see attached map]. The primary reason for including the acceleration lane was for the safety of vehicles leaving the proposed new access. To gain approval of Jackson County for the aooele=on lane, Ashland is required to sign and execute the attached Indemnification Agreement. Staff recommends approval of the request. cc: Jim Olson, Assistant City Engineer Pam Barlow, Administrative Assistant Eric: Letter w/Order 433-94 & Indemnification Agreement Ashland Airport Map p _ JACKSON COUNTY, OREGON JOSEPH LE STRAHLL,DRECTORKS &PARKS .• VIII: 200 ANTELOPE ROAD WHITE CITY,OREGON 97503 (503)826-3122 626-1655,776-7266 October 13, 1994 Attention: Steve Hall City of Ashland City Hall Ashland, OR 97520 RE: Indemnification Agreement for an Acceleration Lane on Dead Indian Memorial Road Dear Mr. Hall: Enclosed is subject agreement. Please return a fully executed copy to our department. Sincerely, Sherryl' Wallace Administrative Assistant enclosure BEAR CREEK GREEN AY / MMNE NO / T4EET MANAGEMENT / MOTOR POOL / PARKS / ROAD MAINTENANCE / VEOETAT/ON MANAGEMENT 2]5]268 8263122 82"122 776-7139 77&7001 826]122 826]122 GIB Vol Pg BEFORE THE BOARD OF COUNTY COMMISSIONERS STATE OF OREGON, COUNTY OF JACKSON IN THE MATTER OF AUTHORIZING THE COUNTY ) ORDER NO. ADMINISTRATOR TO EXECUTE AN ) INDEMNIFICATION AGREEMENT WITH THE CITY ) OF ASHLAND FOR AN ACCELERATION LANE ON ) DEAD INDIAN MEMORIAL ROAD ) WHEREAS, the City of Ashland desires to construct an acceleration lane on Dead Indian Memorial Road in conjunction with expansion of the city airport; and WHEREAS, because of the terrain of the vicinity of the planned acceleration lane, the design of the lane will not meet the Policy of Geometric Design of the American Association of State Highway and Transportation Officials; and WHEREAS, the City of Ashland can provide a design that is adequate for the uses' intended for the acceleration lane; and WHEREAS, the improvements are a benefit to the City of Ashland, and the city will indemnify the county for the improvements. Now, therefore, The Board of County Commissioners of Jackson County ORDERS: The County Administrator is hereby authorized to execute an indemnification agreement with the City of Ashland for an acceleration lane on Dead Indian Memorial Road. DATED this 5th day of October, 1994, at Medford, Oregon. i JACKSON COUNTY nBOARD OF COMMISSIONERS Hank Henry, 6rair e upillas, mts ion c ORDER - 1 Ric H lt, Com issioner 1982.1 ' OCT 1994 r RECEIVED • INDEMNIFICATION AGREEMENT Indemnification agreement made this day of 1994, between Jackson County, Oregon ("County") and the City of Ashland, Oregon ("City"). Recitals: A. City will soon begin construction of the Ashland Municipal Airport tie-down apron expansion and taxiway connector project. Part of this project requires the construction of an acceleration lane on Dead Indian Memorial Road, a county road under the jurisdiction of the County. B. County is willing to consent to the construction of the acceleration lane in exchange for indemnification by the City. County and City agree: 1. County consents to the construction of an acceleration lane as described 'n Recital A above and paragraph 2 below. 2. To the extent permitted by law, City shall, within the limits of the Oregon Tort Claims Act, indemnify Jackson County, Oregon and its officers, agents and employees against any liability for d age to life or property arising from Jackson County permitting the City of h nd to construct an acceleration lane on Dead Indian Me ri Road at mil p st 0 0. JACK N NTY CITY OF ASHLAND BY BY Mayor Cathy Golden BY Nan Franklin, City Recorder REVIEWE LATENT: �I�,S By J. r. Department Head / Dee Coding (for city use only) REVIEWED AS TO FORM: BY 7 �J City Attorney Date ( .mrport i��n.k) l r W w ow � w N Z < W Qm ZN { ON C) 5: °O �W l CL ZQ ��hl Z O J CAW" = / II 4 ' z z Q r- �2 ,fi I I 1� O <Z QO `I I'I I w x Q Vio- �I 00 Ct Q ¢ O2 U Q I Z- w p LI I Zj0 I m a F v Z Wa w ZO _a Ow W Q =S \ Jam\ / I'� I O I NKN O ° NI a ° IIII w I w vi °o �. ow<F-a vw \\`\\\\\ n ¢ \\\\`\ \ \, I III Q f_�� II = w I I E Ip r -1 L_J= I I II O r_, r--III � �_ w (� I i LLJI I ___ I r o< I Iwo LJUI IL II ` �' Ir,II C = = ` I IL-JIm6 0 ¢ ¢ ¢ I L J -1 Iii L� I r------i I l r-� W I I L1 L J Fr-J J I I I Z J I Q J \ I ° LJ C= I I L_J Iwo w Ww ° \�_I J JJL_J _ Q I Z I W it r W I I o I Ja I < Q I ° 1 Q O 2 U I Z N w = U 'n`� ¢ uw< ,OS'Z9l SZL Z :X U N W W too Uww I II 1 II 5 Contents of Record for Ashland Planning Action 94-119 REQUEST FOR MODIFICATION OF AN ORDINANCE AMENDING THE PHYSICAL CONSTRAINTS OVERLAY MAP - WILDFIRE LANDS AND MODIFYING SECTION 18.62.090 OF THE ASHLAND LAND USE ORDINANCE -- PHYSICAL. AND ENVIRONMENTAL CONSTRAINTS - DEVELOPMENT STANDARDS FOR WILDFIRE LANDS. APPLICANT: CITY OF ASHLAND Staff Report, October 11, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Ordinance with Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Memo from Paul Nolte. September 9, 1994 . . . . . . . . . . . . . . . . . . . . . : . . 12 Letter from Hugo N. Halpert, October 17, 1994 . . . . . . . . . . . . . . . . . . . . . 13 Letter fi-om Robert D. DeWitt, September 8, 1994 . . . . . . . . . . . . . . . . . . . 14 Letter from Patrick M. Martin, September 6, 1994 . . . . . . . . . . . . . . . . . . IS Letter from Hugo N. Halpert, September 5, 1994 . . . . . . . . . . . . . . . . 16 Letter from John McLaughlin, September 26, 1994 . . . . . . . . . . . . . . . . . . . 18 Daily Tidings articles . . . . . . . . 9 Phone Message from Myra Erwin, August 29, 1994 . . . . . . . . . . . . . . . . . . 21 ASHLAND PLANNING DEPARTMENT STAFF REPORT October 11, 1994 PLANNING ACTION: 94-119 APPLICANT: City of Ashland REQUEST: Modification of the Wildfire Lands zone and attendant ordinance modifications to the Physical and Environmental Constraints ordinance. 1. Relevant Facts l) Background - History of Application: The Wildfire Lands zone was adopted in 1961 as part of an overall Physical and Environmental Constraints ordinance. The ordinance portion was modified in 1991 ti) address additional wildfire concerns. 2) Detailed Description of the Site and Proposal: The zone presently encompasses much of the hillside areas of Ashland, along the southern city limits/urban growth boundary line. This proposal calls for clarifying the zone boundaries to have them match up with areas of greatest fire risk while also clarifying areas of administration. Minor housekeeping modifications are proposed to the Wildfire Lands ordinance in 18.62, clarifying specific issues and applicability. 11. Project Impact The new zone was drawn essentially around the areas subject to greatest fire risk from wildfire, considering slope, vegetation, and fire access. Essentially, the parcels in the zone must be reasonably contiguous to forested and/or brush covered lands and , by nature of the vegetative condition and absence of effective firebreaks, be capable of propagating fire from parcel to parcel via natural combustible vegetation, and thereby endangering nearby adjacent structures. Where possible, public street rights-of-way were used as the zone boundaries, given that these will function as fuel breaks in.the case of a wildfire. The boundaries were determined through much field research and limited air photo review with both the Fire Department and Planning Department delineating the areas. Where there was a question on whether to include a parcel in the zone or not, Staff generally erred on the conservative side and included the parcel. The main limitations regarding the Wildfire Lands Zone designation relate to new development, either as a subdivision or minor land partition. Designated lands are required to submit fire prevention control plans at the time of request for lot splits, and are required to implement the plan at the time of subdivision construction. The impact on existing residences in the Wildfire Lands Zone would be primarily on re-roofing. Non-flammable/non-wood roofing is required to be used when it roof in this zone is replaced. The new zone boundaries are very similar to those boundaries already in existence, with only slight modifications being proposed. These are primarily in the Green meadows/Clay Street area, where properties are abutting Hamilton Creek Drainage (or Clay Creek drainage, depending on who you are talking to). Additional areas include all of Lithia Park, and the Strawberry/Westwood area. Other smaller additions/deletions occur along the existing zone boundary. Concern was raised during the Planning Commission study session on this item regarding the taxing possibilities by the Oregon Department of Forestry (ODF) once an area is rezoned to wildfire. The ODF has already determined the boundaries of its assessment area in Ashland, and has instituted its taxing policies. There is no interest on the part of ODF to revisit this issue in Ashland. And as indicated in the memorandum from City Attorney Paul Nolte, as a matter of policy, the ODF will not designate lands within city boundaries for taxing purposes unless the City Council requests it. Therefore, there are no intentions, known to Staff, where this revised Wildfire Lands zone would be used for the Purposes of delineating special taxing areas. The ordinance amendments (attached)are relatively minor, and basically are refinements of the existing language. No new standards have been applied. Further, the new language clarifies when the ordinance is applicable, excluding subdivisions that have been developed outside of the zone, but are now included. The exclusion only applies to fire prevention control plans. Re-roofing of existing- structures must still be done with non-flammable/non-wood roofing. New construction on existing lots, even in previously approved subdivisions, must comply with the fuel break requirements. 111. Procedural - Required Burden of Proof Modification of a plan map is a Type III amendment, subject to compliance with the following criteria: Type III mnendments are applicable whenever there exists: PA94-119 Ashland Planning Department -- Staff Report City of Ashland October 11, 1994 Page 2 oC a public need, supported by the Comprehensive Plan; the need to correct mistakes; the need to adjust to new conditions; or where compelling circumstances relating to the general public welfare requires such an amendment. It is Staff's opinion that this map modification and ordinance amendment complies with a public need, as this modification will allow for implementation of the wildfire standards in areas currently allowing development not in accord with the ordinance. Further, this would also apply to compelling circumstances relating to the general ,public welfare, since all attempts at reducing wildfire risk are in the general public interest. IV. Conclusions and Recommendations Staff recommends approval and adoption of the map and ordinance amendments. PA94-119 Ashland Planning Department -- Staff Report City of Ashland October 11, 1994 Page 3 3 18.62 -- Physical and Environmental Constraints 18.62.090 18 62 090 Development Standards for Wildfire Lands A. Requirements for Subdivisions, Performance Standards Developments, or Partitions. 1. A Fire Prevention and Control Plan shall be required with the submission of any application for an outline plan approval of a Performance Standards Development, preliminary plat of a subdivision, or application to partition land which contained areas designated Wildfire Hazard areas. 2. The Staff Advisor shall forward the Fire Prevention and Control Plan to the Fire Chief within 3 days of the receipt of a completed application. The Fire Chief shall review the Fire Prevention and Control Plan, and submit a written report to the Staff Advisor no less than 7 days before the scheduled hearing. The Fire Chief's report shall be a part of the record of the Planning Action. 3. The Fire Prevention and Control Plan shall include the following items: a. An analysis of the fire hazards on the site from wildfire, as influenced by existing vegetation and topography. b. A map showing the areas that are to be cleared of dead, dying, or severely diseased vegetation. c. A inap of the areas that are to be thinned to reduce the interlocking canopy of trees. d. A tree management plan showing the location of all trees that are to be preserved and removed on each lot. In the case of heavily forested parcels, only trees scheduled for removal shall be shown. e. The areas of Primary and Secondary Fuel Breaks that are required to be installed around each structure, aS required by 18.62.090 B. t f. Roads and driveways sufficient for emergency vehicle access and fire suppression activities, including the slope of all roads and driveways within the Wildfire Lands area. 4. Criterion for Approval. The hearing authority shall approve the Fire Prevention and Control Plan when, in addition to the findings required by this chapter, the additional finding is made that the wildfire hazards present on the property have been reduced to a reasonable degree, balanced with the need to preserve and/or plant a sufficient number of trees and plants for erosion prevention, wildlife habitat, and aesthetics. 5. The hearing authority may require, through the imposition of conditions attached to the approval, the following requirements as deemed appropriate for the development of the property: a. Delineation of areas of heavy vegetation to be thinned and a formal PA94-119 Ashland Planning Department -- Staff Report City of Ashland October 11, 1994 Page 4 4 plan for such thinning. b. Clearing of sufficient vegetation to reduce fuel load. c. Removal of all dead and dying trees. d. Relocation of structures and roads to reduce the risks of wildfire and improve the chances of successful fire suppression. 6. The Fire Prevention and Control Plan shall be implemented during the ' public improvements required of a subdivision or Performance Standards Development, and shall be considered part of the subdivider's obligations for land development. The Plan shall be implemented prior to the issuance of any building permit for structures to be located on lots created by partitions and foi subdivisions or Performance Standards developments not requiring public improvements. The Fire Chief,.or designee, shall inspect and approve the implementation of the Fire Prevention and Control Plan, and the Plan shall not be considered fully implemented until the Fire Chief has given written notice to the Staff Advisor that the Plan was completed as approved by the hearing authority. 7. In subdivisions or Performance Standards Developments, provisions for the maintenance of the Fire Prevention and Control Plan shall be included in the covenants, conditions and restrictions for the development, and the City of Ashland shall be named as it beneficiary of such covenants, restrictions, and conditions. 8. On lots created by partitions, the property owner shall be responsible for maintaining the property in accord with the requirements of the Fire Prevention and Control Plan approved by the hearing authority. B. Requirements for construction of all structures. 1. All new construction and any construction expanding the size of an existing structure, shall have a "fuel break" as defined below. 2. A "fuel break" is defined as an area which is free of dead or dying vegetation, and has native, fast-burning species sufficiently thinned so that there is no interlocking canopy of.this type of vegetation. Where necessary for erosion control or aesthetic purposes, the fuel break may be planted in slow-burning species. Establishment bf a fueli break Aloes not involve stripping the ground of all native vegetation "FueiBreaks" .may include structures, and: Shall not limit distance between structures and residences beyond that.required by other, sections of ilit title. 3. Primary Fuel Break - A primary fuel break will be installed, maintained and shall extend a minimum of 30 feet, or to the property iirie,'wfiicfiever is less;; in all directions around structures, excluding fences, on the property. The goal within this area is to remove ground cover that will produce flame lengths in excess of one foot. Such a fuel break shall be increased by five te6rfeet for each 10% increase in slope over 10% Adjacent property owners are encouraged to cooperate on the developrent of primary fuel breaks; 4. Secondary Fuel Break - A secondary fuel break will be installed, maintained and shall extend a minimum of 100 feet beyond the primary fuel break where surrounding landscape is owned and under the control of the property owner during construction. The goal of the secondary fuel break is to reduce fuels so that the overall PA94-119 Ashland Planning Department -- Staff Report City of Ashland October 11,'1994 Page 5 intensity of any wildfire is reduced through fuels control. 5. All structures shall be constructed or re-roofed with Class B or better non- wood roofing materials, as determined by the Oregon Structural Specialty Code. All re- roofing of existing structures in the Wildfire Lands area forwhtch at least 50 of the roofing area requires re toofingahall be done under approval of a zoning permit. No structure shall be constructed or re-roofed with wooden shingles, shakes, wood-product material or other combustible roofing material, as defined in the City's building code. C. Fuel breaks in areas which are also Erosive or Slope Failure Lands shall be included in the erosion control measures outlined in Section 18.62.080. D. Implementation. 1. For land which have been subdivided and required to comply with A. (6) above, all requirements of the Plan shall be complied with prior to the commencement of construction with combustible materials. 2. For all other structures, the vegetation control requirements of section (B) above shall be complied with before the commencement of construction with combustible materials on the lot. (Ord. 2657, 1991) 3. As o.f November 1, 1994, existing residences in subdivisions developed. outside of the:Wildlire:Lands Zone, but later inchiied due to amendinetits to the zone bomiiaries shall be exempt from the requirements I o fi.this zone, with the exception of section 18.62 090 11.5 above All new!resjdenees sball comply wj h all standards for new construction iii section `18.62.090 B. above. 4 Subdvtstons ifevelopedi,outside of the wildfire lands zone prior to November 1, :1994, but later included as part of the zone boundary alnendn!O t, shall not.,be required to pr,pare or tmplemept 1~tre Pzevention and Control Plansloutlined in section 18.62 090, A above PA94-119 Ashland Planning Department -- Staff Report City of Ashland October 11, 1994 Page 6 �v ORDINANCE NO. AN ORDINANCE AMENDING THE PHYSICAL CONSTRAINTS OVERLAY MAP - WILDFIRE LANDS AND MODIFYING SECTION 18.62.090 OF THE ASHLAND LAND USE ORDINANCE -- PHYSICAL AND ENVIRONMENTAL CONSTRAINTS - DEVELOPMENT_ STANDARDS FOR WILDFIRE LANDS. ANNOTATED TO SHOW DELETIONS AND ADDITIONS. DELETIONS ARE �'.".'E= T. v AND ADDITIONS ARE SHAAEA!. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The Physical Constraints Overlay Map - Wildfire Lands, is amended and adopted as indicated on the attached map, Exhibit "A SECTION 2. Section 18.62.090 of the Ashland'Land Use Ordinance regarding Development Standards for Wildfire Lands is amended to read as follows: 18.62.090 Development Standards for Wildfire Lands A. Requirements for Subdivisions, Performance Standards Developments, or Partitions. 1. A Fire Prevention and Control Plan shall be required with the submission of any application for an outline plan approval of a Performance Standards Development, preliminary plat of a subdivision, or application to partition land which contained areas designated Wildfire Hazard areas. 2. The Staff Advisor shall forward the Fire Prevention and Control Plan to the Fire Chief within 3 days of the receipt of a completed application. The Fire Chief shall review the Fire Prevention and Control Plan, and submit a written report to the Staff Advisor no less than 7 days before the scheduled hearing. The Fire Chief's report shall be a part of the record of the Planning Action. 3. The Fire Prevention and Control Plan shall include the following items: a. An analysis of the fire hazards on the site from wildfire, as influenced by existing vegetation and topography. 1 7 b. A map showing the areas that are to be cleared of dead, dying, or severely diseased vegetation. c. A map of the are-ts that are to be thinned to reduce the interlocking canopy of trees. d. A tree management plan showing the location of all trees that are to be preserved and removed on each lot. In the case of heavily forested parcels, only trees scheduled for removal shall be shown. e. The areas of Primary and Secondary Fuel Breaks that are required to be installed around each structure, as required by 18.62.090 B. f. Roads and driveways sufficient for emergency vehicle access and fire suppression activities, including the slope of all roads and driveways within the Wildfire Lands area. 4. Criterion for Approval. The hearing authority shall approve the Fire Prevention and Control Plan when, in addition to the findings required by this chapter, the additional finding is made that the wildfire hazards present on the property have been reduced to a reasonable degree, balanced with the need to preserve and/or plant a sufficient number of trees and plants for erosion prevention, wildlife habitat, and aesthetics. >. The hearing authority may require, through the imposition of conditions attached to the approval, the following requirements as deemed appropriate for the development of the.property: a. Delineation of areas of heavy vegetation to be thinned and a formal 1 plan for such thinning. 1 b. Clearing of sufficient vegetation to reduce fuel load. c. Removal of all dead and dying trees. d. Relocation of structures and roads to reduce the risks of wildfire and improve the chances of successful fire suppression. 6. The Fire Prevention and Control Plan shall be implemented during the public improvements required of a subdivision or Performance Standards Development, and shall be considered part of the subdivider's obligations for land development. The Plan shall be implemented prior to the issuance of any building permit for structures to be located on lots created by partitions and for 2 subdivisions or Performance Standards developments not requiring public improvements. The Fire Chief, or designee, shall inspect and approve the implementation of the Fire Prevention and Control Plan, and the Plan shall not be considered fully implemented until the Fire Chief has given written notice to the Staff Advisor that the Plan was completed as approved by the hearing authority. 7. In subdivisions or Performance Standards Developments, provisions for the maintenance of the Fire Prevention and Control Plan shall be included in the covenants, conditions and restrictions for the development, and the City of Ashland shall be named as a beneficiary of such covenants, restrictions, and conditions. 8. On lots created by partitions, the property owner shall be responsible for maintaining the property in accord with the requirements of the Fire Prevention and Control Plan approved by the hearing authority. 13. Requirements for construction of all structures. 1. All new construction and any construction expanding the size of an existing structure, shall have a "fuel break" as defined below. 2. A "fuel break" is defined as an area which is free of dead or dying vegetation, and has native, fast-burning species sufficiently thinned so that there is no interlocking canopy of this type of vegetation. Where necessary for erosion control or aesthetic purposes, the fuel break may be planted in slow-burning species. > stabhshn ent of a fuel. break does not Feel bfeaks m not involve stripping the ground of all native vegetation FueI B rea ks' :may include structures;; and shall not limit distance;between<structures...a.... n d residenms beyond]that regtured by other sections of this title. 3. Primary Fuel Break - A primary fuel break will be installed, maintained and shall extend a minimum of 30 feet, or to .Ihe property hne, whichever is less in all directions around structures, excluding fences, on the property. The goal within this area is to remove ground cover that will produce flame lengths in excess of one foot. Such a fuel break shall be increased by Owe ten r feet for each 10% increase in slope over 10% Adjacent property owndrs are V— VP encouraged to cooperate qr the develogment aF prmary fuel breaks:, 4. Secondary Fuel Break - A secondary fuel break will be installed, maintained and shall extend a minimum of 100 feet beyond the primary fuel break where surrounding landscape is owned and under the control of the property owner during construction. The goal of the secondary fuel break is to reduce fuels so that the overall intensity of any wildfire is reduced through 3 9 fuels control. 5. All structures shall be constructed or re-roofed with Class B or better non- wood roofing materials, as determined by the Oregon Structural Specialty Code. All re-roofing of existing structures in the Wildfire Lands area for which at;least SO% of_rhe roofing area requires reroofing,shall be done under approval of a zoning permit. No structure shall be constructed or re-roofed with wooden shingles, shakes, wood-product material or other combustible roofing material, as defined in the City's building code. C. Fuel breaks in areas which are also Erosive or Slope Failure Lands shall be included in the erosion control measures outlined in Section 18.62.080. D. Implementation. 1. For land which have been subdivided and required to comply with A. (6) above, all requirements of the Plan shall be complied with prior to the commencement of construction with combustible materials. 2. For all other structures, the vegetation control requirements of section (B) above shall be complied with before the commencement of construction with coin bustible'materials on the lot. (Ord. 2657, 1991) 3. As if Noveni6er I, 1994 existing residences< in sibdivisiois developetl outside of the Wildfire 1 Tands Zone,;,but later.included due to at iendnaent to the zone:Uoundaries sha11 lie exempt from the requirements of tliis zone, 'witft the exception of section 18:6 090 B.S. above All new residences shall coin ply .with all standards for new con�trnct o.n to section i8 6? 090 B. 4 Subd vis: ns C.- 0 ed uutslde of the wil hire lands zone prior iii November 1, 1994, but later included as partof the zone boundary amendment, shall:not be required topregare pr imglement FirePrevention anti i Control Plans aut]med in section i8 62 090 A 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 1994, and duly PASSED and ADOPTED this day of 1994. 4 10 Nan E. Franklin, City Recorder SIGNED and APPROVED this day of 1994. Catherine M. Golden, Mayor Approved as to form: Paul Nolte, City Attorney 5 I! CITY ATTORNEY CITY OF ASHLAND 20 EAST MAIN STREET (503) 482-3211, EXT. 59 MEMORANDUM September 9, 1994 TO: Planning Commission FROM: Paul Nolte SUBJECT: Expansion of Wildfire Lands Designation ' The Ashland Fire Department has proposed to expand the boundaries of the wildfire lands designation within the city comprehensive plan. Apparently some residents within the new proposed boundary are concerned about the potential for receiving wildfire suppression assessments by the Oregon Department of Forestry (ODF). These assessments are currently being applied on some properties within the existing Wildfire Lands Zone. The Oregon Department of Forestry has the authority under ORS 477.225 to designate wildlands within the Ashland city limits as forest lands subject to its jurisdiction. As a matter of policy, however, ODF will not designate such lands within city boundaries unless the City Council requests ODF to do so. c: Keith Woodley, Fire Chief John McLaughlin, Director of Planning (p:.1.Vd-wddf.opn) HUGO HALPERT, P.E. IN G.E. GEOTECH CHNICAL AND CONSTRUCTION ENGINEER 103.7 Canyon Park Drhx • Ashland,Ona3on 97520 (503)4824525 October 17, 1994 OCT 19 1994 Mr. John McLaughlin City Planning Director Ashland Planning Department 20 East Main Street Ashland, Oregon 97520 RE: Proposed Amendments Section 18.61090 Development Standards for Wildfire Lands Zone Dear John: Reference is made to the Draft Copy of the above' referenced proposed amendments, which were among the items discussed at the public study session held at the Ashland Civic Center on August 30, 1994. In response to my question at the public study session, you clarified the limited scope of the responsibilities to be incurred by those subdivisions which were initially developed outside of the Wildfire Lands Zone, but subsequently included therein due to revisions to the zone boundaries. As a follow-up to the foregoing, I prepared my September 5, 1994 letter to you, outlining my understanding of the applicable criteria, and suggesting that changes be incorporated into Section 18.62.090 which would detail such criteria. On October 6, 1994, I received a copy of Planning Action 94-119, which was to be presented at the October 11, 1994 regular meeting of the Ashland Planning Commission. Included therein was a copy of Section 18.62.090, which had been revised to accurately and concisely reflect the responsibilities of those subd!v;�:ons which were Initially deveioped outside of the 1,47ilufi_e Lards Zone, and are now to be included therein. It was my intent to attend the October 11, 1994 meeting, both to express my appreciation of the efforts which you and your staff had put forth in this matter, and to indicate my agreement with, and acceptance of, the results which had been achieved thereby. Unfortunately, due to illness, I was unable to attend that meeting, but will make every effort to attend the City Council meeting at which this matter is to be presented. In the interim, please accept this letter as an expression of my thanks and approval for your efforts, Very truly yours, Hugo N: alpert /3 Robert D. DeWitt. 375 Alnutt Street Ashland. OR 97520 15('13) 482-0375 September 8, 1994 C Ashland Planning Commission City of Ashland City Hall Ashland, OR 97520 Subject: Planning Action 94-119 D00'r Madams/Sirs: 1.1 e. will not be able to attend the Public Bearing on September 13, 1994, on the subject request to modify the boundary that identifies Wildfire Lands within the City Limits. Never-the-less, as property o-vvners within the proposed new boundary, we wish to go on record as favoring the proposed change. Sincerely, Robert D. DeWitt s r qan i n" COOK Y .. I .ill T ,Wnrd z eet he A'xal Wed frn 06 01 the Var of ;too 100 Wtj r limits ;a .cr V0 19T, nn7 Vp asseFsK any additional fear . ')b.r h rile an :.:r-,y ncr ¢ 4 . Ones - n . ,)'; that it s becaming j / ry difficult for an aver ace workiog parpon work to own a home in Anhiand . we are growinn t —azy of havinn to subsidize dine the _Yro-th of all r`)e big , c".*:'dnn lve homes `_!:,e City has all0wed to he built Wthin the past tow years . _ ::_:- remember a time when the City w 1.1n oat have allowed all this building that is going_ on &Tunn6 our hillsides We ra the lack of water resources . Please , don' t Create any new ices for us . y / Patrick __M. Martin 1300 woodland Drive Ashland OR 97520 cc : City Council 15 HUGO N. HALPERT, P.E. & G.L.) GEOTECHNICAL AND CONSTRUCTION ENGINEER 1037 Canyon Park Drive Ashland Oregon 97520 • (503)482-0525 September 5, 1994 SEP - 6 1994 Mr. John McLaughlin City Planning Director Ashland Planning Department 20 East Main Street Ashland, Oregon 97520 RE: Proposed Amendments Section 18.62:090 Development Standards for Wildfire Risk Zone Dear John: Reference is made to the Draft Copy of the above referenced proposed amendments which were among the items discussed at the public study session held at the Ashland Civic Center on August 30, 1994. As you will note from my return address in the heading of this letter, I live in that portion of the Canyon Park II PUD subdivision which is planned to be newly included in the Proposed Wildfire Lands Zone. The draft copy of the proposed revisions to Section 18.62.090, as presented at the aforementioned public study session, does not properly reflect the responsibilities of a subdivision which has been developed prior to their incorporation into the Proposed Wildfire Lands Zone. In response to my question at the public study session, you stated that the only responsibility for such subdivisions would be to use Class B, or better, non-wood roofing materiais if re-roofing was required. Based on statements made by Mr. Don Paul, the Fire Marshall, at that meeting, it is my understanding that a roof will be deemed to require re-roofing when at least fifty percent (50%) of the existing roofing must be replaced. During our aforementioned discussion at the public study session, you also agreed that the responsibilities of a subdivision such as Canyon Park II PUD were not properly covered in the present draft,copy of the proposed revisions to Section 18.62.090, and that they should be revised accordingly. I am therefor suggesting the following additions be made to B (5) and to Section D of the proposed revisions. B (5) (add the following insert enclosed in quotation marks) ----by the Oregon Structural Specialty Code. All re-roofing of existing structures in the Wildfire Lands area, --"for which at least fifty percent(50 1/o) of the roofing area requires re- roofing",-- shall be done under approval of a zoning permit. No structures-------- (-1 Mr. John McLaughlin September 5, 1994 Page 2 D. Implementation 1. (no change) 2. (no change) 3. (add) "For all subdivisions which have been developed, and have legally registered an approved set of covenants, conditions and restrictions for those developments prior to incorporation of those subdivisions into the Wildfire Risk Management Plan, none of these provisions shall apply, except B (5) above." In order to avoid any misunderstandings, please note that neither my comments during the public study session, nor my statements presented herein, are in any sense directed against the proposed inclusion of my property in the Wildfire Lands Zone. Rather those comments and statements are principally directed to insure that our responsibilities are clearly and accurately detailed in Section 18.62.090 as finally adopted. Please do not hesitate to call on me if you have any questions or comments relative to the contents presented herein, or if there is any way in which I can be of service in this matter.. Very truly yours, Hugo N. Halpert � ♦�j� HUGO N. HAIPERT. P.E. & G.E. �" cmrtnwruummramcnmwfaxvx CITY OF ASHLAND CITY HALL ASHLAND,OREGON 97520 telephone(code 503)482-3211 September 26, 1994 Dear Property Owner: Since the last study session regarding the modifications to the Wildfire Lands zone, it is has been proposed by the City that your property not be included within the zone. This change was initiated by citizen input at the study session regarding the designation of the zone, and the impact area of the fire risks. Thank you for your input on this process. While your property is not proposed for inclusion in the wildfire lands zone, please feel free to come to the public hearing before the Planning Commission on October 11 , 1994 at 7pm at the City Council Chambers, 1 175 East Main Street. Your comments would be appreciated. Sincerely, / /John McLaug lin Planning Director Uu 'Sry aGu i b.o o G a°ao'.S�oEo'�a�, w-E= .a`_puU.,w4o.. a y g7i a°, �'aE.'i o. G U �d r>•"N y y P'�'J3. Ow 'J G G d�y T. 'G O 3 y E] 0 0. 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By Pamela Lyons g. o-'�- I'm afraid for all of us:those owners and for us who Ashland Daily Tidings live down hill and/Or down wind of them.Can any- The city of Ashland is proposing thing be done to prevent a fire disaster?Please consult an expansion of the wildfire zone, with the fire chief for preventative measures. which stretches along the east hills Could the watershed be more tightly dosed?Could and dictates certain precautions to brush there be cleaned up by young people trained and homeowners to guard against fie hired for the work?Is there money in Oregon for pre- danger, John McLaughlin, city plan- vention or only mop up?Could FEMA be approached? ring director, said Friday. If you can't find a way to minimize danger, could "We've been working with the you at least tell us what to do in an evacuation?I have lire department for some time to get kitty carriers at the ready and water in a purse.I know a bcuer idea of where the fie dan- how to close the house,but that's all. e:rs arc," McLaughlin said.public study session is sched- Please help us on this. It's really scary.Thanks. aird for 7 p.m. Tuesday at the t """" Catherine B.Nollenberger and Civic Center to discuss the jug t7`1—q Ashland secs. t`� r,te zonc was established in 1980 Ridiculous and abiish ways to protect homes in trom wildfires in the forest dangerous new -:7;dCecc. This will be the first time has been updated. building going on c imuudtiies were determined '.r:nn small aerial photographs of In addition to the Watershed �n::atiun in the area. - Patrol, the over-the-hill-gang also Ashlmid Fire Marshal Don Paul does interface patrol, which covers said the changes will pinpoint where areas between the Watershed and the I ial d:mecrs exist. town. I agree with the writer who "The existing map is not that said ;o please have house numbers definitive as to where the line is at," clearly visible from the street and Paul said. "We actually went out and have limbs cut which hang over made more exact lines." street signs. Without house numbers The changes will include areas and street names, any emergency around Lithia Park, between vehicle—which is already going to Grandview Street and Strawberry have a very difficult time—will be Lane, and along Greenmeadows able to reach you or your property in time to save either. Way. New or remodeled buildings in Everyone in Ashland should the wildfire land zone have to meet drive the interface — then they certain guidelines,including: would see the ridiculous and danger- . Removal of dead and dying ous new building which has been trees. permitted in hazardous areas. This •Thinning of living vegetation to should never have been allowed; reduce the fuel load. now that it has, severe restrictions •Creation of a fuel break around and requirements should be made on the structures. those residents. And, despite the •Use of non-wood roofs. idea of "in-fill," it must not be While the changes are not drastic, allowed to continue, yet there are McLaughlin said they could help in abundant signs.which indicate.moie alerting residents to fire dangers in lots are for sale in the interface ai& a ale area A fool's paradise...but with ramifi-- After the study .session, the cations for those of us who live in changes will o to the planning com- the rest of Ashland as well. 8 g e g missicwand:then.to theaty counciL.n Chloe Winston 2962 Grizzly Dr. 0"a Ashland �O To: Wildfire Lands Map Amendment, Planning Action 94-119 From: Myra Erwin 300 Grandview She owns 2 3/4 acres in the proposed addition to the Wildfire Risk Lands and is in favor of the amendment. . She believes that the boundaries at Scenic and Winer are appropriate. / I "i i I oil GREGGa,•' October 18, 1994 - - Brian Almquist, City Administrator n rom: Steven Hall, Public Works Director ,!$AIVjQtt: Request for Sewer Connection ACTION REQUESTED City Council deny request to allow the connection of existing home at 2855 East Main Street(39-1E 12,TL 501) and vacant lot (39-lE-12, TL 400) to City sanitary sewer. BACKGROUND As noted in the Jackson County Planning Department staff report,Tax Lot 400 was a land-locked parcel of property until the boundary line adjustment was granted by Jackson County. Tax Lot 400 is vacant but can be used for a home since it now has legal access to East Main Street meeting Jackson County requirements. Tax Lot 501 has an existing septic tank which is functioning property as there is no mention of a fli't'"g system. The lot line adjustment will place a portion of the septic system on Tax Lot 400. One option for the property owners would be to secure an easement from Tax Lot 400 for the portion of the septic system that is located on Tax Lot 400. (See Jim Olson's memo for additional information.) From staff s standpoint, I am finding it difficult to recommend either of the properties a sewer connection because either the problem is self imposed or does not exist. Also, the previous Ashland Municipal Code(AMC)had a stipulation that the building be in existence prior to 1973 which has been eliminated from the existing AMC. Each of the lots are approximately 2 acres in size and provide adequate land for a septic system. On the other hand, there is always the potential of pollution of Neil Creek just above Bear Creek. The sanitary sewer exists on the south side of East Main Street and would require crossing the county road. Jackson County has required the City of Ashland to bore rather than open cut any paved county sheets. If the Council approves either request, Council should stipulate that the property owner(s)pay the additional cost of PAGE 1-(e:m e6je odr.M=) )oring a line under East Main Street. . itaff is recommending that City Council deny the requests until at such time there is a documented health problem ry Jackson County or, the properties are annexed. Staff feels this is in compliance with the letter and spirit of the kmc. cc: Jim & Wink Jean, Applicant Joseph and Mary Rodriguez, Applicant Jim Olson, Assistant City. Engineer Dennis Barnts, Water Quality Superintendent Enc: Olson memo 10/11/94 Jean letter 9/23/94 Rodriguez letter 9/23/94 - Plan map Assessor map j Jackson County Planning Staff Report (File 94-43-LLA dated 7/14/94) I AMC 14.08.030 PAGE '•,GREGO., October 11, 1994 - CHID: Steve Hall, Public Works Director ram: James H. Olson, Assistant City Engineer IYDjEtf: SEWER CONNECTION TO PROP ERTIE OUTSIDE CITY LD41TS Attached are two letters requesting connection to City sewer facilities on Fast Main Street. The properties are outside the City limits and are currently undergoing a boundary adjustment along their common boundary. The easterly parcel(39-1E-12 Tax Lot 501, Jean property) 2855 East Main Street will lose a major portion of its septic drainfield in the boundary change and the request for sewer connection would compensate for its loss. The existing house on that lot was constructed five or six years ago. Attached is a copy of the applicants map showing the locations of the house, drainfield, etc. The second lot is north and west(39-1E-12 Tax Lot 400)of the Jean property and is currently vacant. Both lots meet the criteria for connection to City sewers except the existing building requirements. Neither lot has a home that was constructed prior to 1973. Although this requirement is not specifically fisted in the ordinance I understand that it is to be considered. Would you please let me know if either of their requests can be considered at this time? Attachments: Tax Lot Map Applicants Map Applicants Letters Cr 19ag September 23 , 1994 14 c�4 '1 Mayor Golden and City Council Members � A RE : 2855 E . Main Street, Ashland, Oregon We are requesting approval for a sewer connection outside the city limits . We - meet the requirements of Ordinance 2704 as follows : 1 . The property is within the UGB; 2 . There is a sewer in place across East Main from our property; 3 . We will execute a Consent to Annex. Out tax lot is 39 lE 11501 . The property is in the process of being surveyed due to the lot line adjustment; 4 . We are willing to execute a deed restriction preventing partitioning prior to annexation; 5 . We are will to pay the sewer connection fees and system development charges . We have approximately 1800 square feet and 10 fixture units; 6 . Our need is as follows : Due to the lot line adjustment, our i drain field is no longer on our property. Our property is split by Neil Creek and any new drain field located on our r property would be directly adjacent to Neil Creek. A failure of the septic system may result in pollution of the creek. Thank you fo yo cons Jertion. Sincerely, VI Jim and Wink Jean September 23 , 1994 Mayor Golden and City Council Members RE: E . Main Street , Ashland, Oregon We are requesting approval for a- sewer connection outside the city limits . We meet the requirements of Ordinance 2704 as follows : 1 . The property is within the UGB; 2 . There is a sewer in place across East Main from our property; 3 . We will execute a Consent to Annex . Our tax lot is 39 lE 11400 . The property is in the process of being surveyed due to the lot line adjustment approved by Jackson County on July 14, 1994; 4 . We are willing to execute a deed restriction preventing partitioning prior to annexation; 5 . We are willing to pay the sewer connection fees and system development charges . We will have approximately 1600 square feet and 10 fixture units; 6 . Our property is divided by Neil Creek and any drain field located on our property would be directly adjacent to Neil Creek. A failure of the septic system may result in pollution of the creek or nearby wells . Thank you for your. consideration. S 'ncerely, seph and Mary Karen Rodriguez \ w T I c A, Ql r -Al QL � C 0 0 � a v—Ll t LZ O L g�- �3-4L � a' C) v� LLJ ao LO La 0* ILI O` • 4.1 i .. n al .:: ti 1 0 (5) O M o r JACKSON COUNTY OREGON ANDDEMENTOFPLANNRdG JACKSON Itl lr V Y 0�7 AND DEVELOPMENT rF- IIIII1i 10 S.OAKDALE MEDFORD,OREGON 97501 KERRY L.LAY, DIRECTOR (503)776-7554 - C FAX:(503)776-7384 JACKSON COUNTY PLANNING DEPARTMENT LOT LINE ADJUSTMENT STAFF REPORT APPLICANT: Joseph and Mary Rodriquez FILE NUMBER: 94-43-LLA 2911 E. Main Street Ashland OR. 97520 APPLICANT: Jim and Wink Jean _ 4 g 2 - 01 -7 3 2855 E. Main Street Ashland OR. 97520 LEGALDESCRIPTION: TWP 39 RANGE lE SECTION 11 . TAX LOTS 400 and 501 LOCATION: The property is located on East Main Street, Ashland OR. NATURE OF APPLICATION: Adjustment of a common property line of Tax Lot 400 from 2.23 acres to 2.23 acres, and the size of Tax Lot 501 from 1.84 acres to 1.84 acres. DECISION: Approval with Conditions. I. FINDINGS OF FACT A) Date of Creation: Both parcels were created prior to zoning ordinance and are considered pre-existing. I B) Parcel Size: Tax lot 400 is 2.23 acres and tax lot 501 is 1.84 acres C) Assessment: Tax lot 400 is assessed as vacant tract and tax lot 501 is assessed as residential, neither parcel receives a special assessment. D) Access: Tax lot 400 does not have road frontage, tax lot 501 fronts on East Main Street E) Fire Protection: The property is in Jackson County Fire District 95 and is within five road miles of a responding station. I i. File-994.743-LLA Page -2- F) ,.Irrigation District: None G) Land Use: Residential H) Zoning: 1) Subject property: RR-5 2) Property to the north: City of Ashland 3) Property to the south: RR-5 4) Property to the east: City of Ashland 5) Property to the west: RR-5 IL APPLICABLE CRITERL4 To approve this application, the County must determine that the application is in conformance with Section 40.030 of the Jackson County Land Development Ordinance. IIL FINDINGS OF COMPLIANCE WITH THE JACKSON COUNTY LAND DEVELOPMENT ORDINANCE Chapter 40.030 of the Jackson County Land Development Ordinance establishes the following criteria for approval of a lot line adjustment. A) The proposed adjustment will not result in the. creation of any more developable parcels or lots than previously existed or provide access required by this ordinance. FINDING: The proposed adjustment will not create any additional developable parcels. Tax lot 400 was created prior to County access requirements and therefore is not required to have County recognized access for development purposes however, this proposal will give tax lot 400 physical frontage onto East Main Street, B) The proposal will not render any lot or parcels unusable nor shall the usefulness, utility or viability of the lots or parcels for the stated purpose of the zoning district be decreased as a result of the proposal. FINDING: This proposal will not render these parcels unusable. By approving the lot line adjustment, parcel 400 will be more accessible because of the physical frontage to East Main Street. File 994=43-LL.A Page -3- t - Q Lots or parcels which presently conform to requirements for lot or parcel area in the zoning district in which they are located shall not become nonconforming to those requirements as a result of the adjustment. FINDING: This district requires new parcels to be 5 acres in size with a minimum lot width of 300 feet. Neither of these parcels meet the lot area or lot width requirement for the RR-5 zoning district. D) Lot or parcel line adjustments shall result in greater conformity where it can be achieved. Adjustments to nonconforming lots or parcels will not result in greater nonconformity or render substantially conforming lots or parcels more nonconforming, provided however, the Planning Director may approve a reduction in area which results in nonconformity or greater nonconformity if the Planning Director finds that the subject lots or parcels of adjacent parcels are benefitted in the public interest. FINDING: The proposed adjustment will result in very little change to the lot width requirement or the lot area requirement. The acreage will remain approximately the same. Tax lot 400 has a 134 foot average lot width.before the adjustment and will have approximately 156 foot lot width after the adjustment. Tax lot 501 has a 123 foot average lot width before the adjustment and will.have approximately 120 foot average after the adjustment. The adjustment is so minor it has been determined this proposal will not result in greater nonconformity. E) New property lines may cross zoning district boundaries unless the adjustment will increase the number of parcels or lots which could potentially be created from the adjusted properties based upon the density requirement of the applicable zoning district. However, this finding shall not be required where the zoning districts require the same density. 1 FINDING: New property lines will not cross zoning district boundaries. i F) The proposal will not impair the usefulness of any public or private easement. Proper procedure for creation of access is through filing of a partition or subdivision application. FINDING: The plot plan submitted by the applicant did not include any public or private easements. This proposal will not impair the usefulness of any easements. G) The overall proposal is found to be an appropriate design in terms of the overall development of the area. FINDING: The proposal is found to be appropriate for the overall development of the area. Surrounding parcels to the west and south have road frontage, as will tax File #/'94-43-LLA Page -4- lot 400 with the proposed adjustment. The Ashland Municipal Airport to the east was not included in this finding. H) The proposal will not result in violations of setbacks and building standards required for fire protection under the Uniform Building Code. FINDING: These parcels are zoned RR-5 and at this time require a 100 foot fuelbreak. New structures or additions to existing structures which are closer to property lines than the existing building, may obtain a fuelbreak easement onto adjoining property or apply for a fuelbreak reduction to reduce that requirement. Tax lot 400 is vacant and must comply with current regulations. Tax lot 501 has a house and shop which do not appear to get closer to the new proposed property line than they did to the existing line. I) Proposed parcel or boundary line adjustments which have the net result of physically relocating a parcel to a new location beyond an existing common boundary line will not be approved and must be reviewed as a partition. - FINDING: This proposal will not physically relocate either parcel. IV. CONCLUSION Based on the above findings, staff found the lot line adjustment proposal, with adherence to conditions of approval stated below, to be consistent with the regulations contained within Chapter 40 of the Jackson County Land Development Ordinance. V. DECISION File 94-43-LLA, an application for a lot line adjustment for property described as Township 39 South, Range 1 East, Section 11, Tax Lots 400 and 501 is approved subject to the following conditions: A) No structures may be located within 20 feet of the new property line. B) All new structures must comply with Chapter 280.100, fire safety standards and maintain a 100 foot fuelbreak. C) The adjusted property line shall be surveyed and marked with monuments of either galvanized iron pipe (not less than one-half inch inside diameter) or iron or steel rods (not less than five-eighths inch in diameter and not less than 24 inches long). The survey map/mylar must be submitted to the Planning Division for review and signature within 180 days from the date of this approval. Failure to meet these deadlines will cause the approval to be void. No further requests for extensions can be approved. File n94-43-LLA Page -5- t - D) A new deed must be prepared for each parcel involved in this adjustment describing its new boundaries. Please see explanation enclosed. At the top of the deed must appear "Lot Line Adjustment, Jackson County File No. 94-43-LLA". IF EITHER PARCEL IS BEING PURCHASED ON CONTRACT, BOTH FEE TITLE AND CONTRACT PURCHASERS MUST AGREE TO THIS ADJUSTMENT AND A MODIFIED CONTRACT MUST BE RECORDED WITH THE NEW DEEDS. This ensures that those people who have a legal interest in the subject properties have Approved the lot line adjustment. A title company, attorney, or your surveyor may be of assistance to you in preparing the deeds. ALL TAXES MUST BE PAID IN FULL BEFORE THE ASSESSOR'S OFFICE WILL PROCESS THE LOT LINE ADJUSTMENT. } ',` E) This property is identified on the National Wetlands Inventory. Please contact the Division of State Lands at (503) 378-3805 regarding the wetlands designation and permit requirements. 7 It is the applicant's responsibility to ensure that the lot line adjustment occurs consistent with the submitted application. Once the survey has been approved by the Planning Department, the deeds must be recorded with the County Recorder's Office, and the survey, with the OR number of the deeds must be filed with the,County Surveyor. . Notice of this decision is being sent to property owners in the vicinity of this property. They have the right to request a hearing within 10:days of the date of this decision. Therefore;this decision will not be final until 10 days after this mailing. JACKSON( COUNTY PLANNING DIRECTOR BY: Bobbi Becker Planning Technician I DATE: [9441-11AW2] cc: Denny Nevin, Assessment i ASHLAND MUNICIPAL CODE Title 14 14 08 030 Connection - Outside Ci!y. Inside Urban Growth Boundary. Premises located outside the City of Ashland and inside the urban growth boundary may be connected to the sewer system when such connection is determined by the Ashland City Council to be in the best interest of the City of Ashland and to not be detrimental to the City's sewage facilities. Such connection shall be made only upon the following conditions: A. The applicant for sewer service pay the sewer connection fee and the systems development charges established by the City B. In the event dwellings or buildings connected to the sewer system are subsequently replaced for any reason, then the replacement building or dwelling may continue to be connected to the sewer system of the City as long as the use of the sewer system will not be increased as determined by the Director of Public Works. C. There is an existing Ashland sewer main or line to which the premises can be connected. D. The applicant furnish to the City a consent to the annexation of the land, signed by the owners of record and notarized so that it may be recorded by the City and binding on future owners of the land. E. The applicant shall provide for the payment to the City by the owners, at the time of annexation, an amount equal to the current assessment for liabilities and indebtedness previously contracted by a public service district, such as Jackson County Fire District No. 5, multiplied by the number o years remaining on such indebtedness, so that the land may be withdrawn from such public service districts in accord with ORS 222.520 and at no present or future expense to the City. (Ord. 1820, 1974; Ord. 2147 S2, 1981; Ord. 2314 S2, 1984; Ord. 2322 S1, 1984) F. The owner shall execute a deed restriction preventing the partitioning or subdivision of the land prior to annexation to the City. G. That the land is within the Urban Growth Boundary. (Ord. 2322 S2, 1984; Ord. 2704, 1993) Title 14 Page 3 AIN 7 ASHLAND COMMUNITY HOSPITAL ` October 18, 1994. 0 OCT 24 Mayor Catherine Golden _ City of Ashland 20 East Main Ashland, Oregon 97520 Dear Mayor Golden: This is to ;ask;you to share the information below with our Council members ..in- - - youi next mailing. By copy of this,.to Brian and Jill, I am sharing these points with them also. since we put our durrent capital budget together just. about _a year ago, _thre_e _ capital items`fiave come' that we will want to pursue this fiscal year: , The, first..is an'Upgrade "to our data processing .system. . With managed competition evolving so fast. in�oui area, the number;of, insurance companies - .'and -their 'numlii,'_'--unique plans=have grown far beyond onr,ability to.-manage with,•our currerif- g data-processin system. We have hired a?Director of Data ; Processing and will be moving very rapidly .to add systems"for;both our care`;. givers and 'our.financial personnel. These additional capital funds to. finance terminals, printers, and support equipment will be funded from our capital budget line item denoted as "building". The second project As both an, grade and an expansion tp our 'emergency.<power ; Yp system. We.curr'ently have 'one emergency generator - -:-W&`have added many=new services and.equipment over these past years. During the summer months,,;-With air conditioning demands, a third operating theatre, and added electrical equipment throughout the facility, we are seeing our. current emergency generator "work harder" to come on line when our City power is. interrupted. We are also seeing the capacity of our current generator be increasingly challenged with each passing year. It is our intent to add a second, more powerful emergency generator and place it in a structure next to our cabinet shop, storage facility, and medical gas storage space above the hospital. The current generator will then be moved next to the new one and be "wired" to handle only life 'support and key electrical needs as a backup to our new emergency generator. It is our thinking that funding for the emergency generator project will be funded from the budgeted Hospital Construction Fund and will include structure, architectural, and engineering costs, 280 Maple Street • P.O. Box 98 Ashland, OR 97520 503-482-2441 Mayor Golden October 18, 1994 Page 2 The release of these dollars requires City Council approval. It is our hope to bring the generator funding request to the City Council at your first December meeting. The third capital project pertains to our phone system. AT&T has stopped placing maintenance personnel who are familiar with our current phone system here in the Valley. This is forcing us to look at an upgraded phone system, which if purchased,. would also be funded from our Capital Improvement Fund. If we can.determine our needs in time, we would also ask for this funding to be released by the City Council in December. Again; the purpose of this is .to share our thoughts regarding these-three . unbudgeted.capital equipment projects and to share our thoughts regarding'. the use of the -two contingency funding sources. Please. call_:if you have any questions. Sincerely, James-R. Watson, Administrator JRW/gdc cc: Brian Almquist, City Administrator Jill Turner, City Finance Director IPEVEhJ 1 Ashland Fire Department ' IPOiE[I IPESE 9 Yf 455 SISKIYOU BOULEVARD ASHLAND, OREGON 97520 (503)482-2770 FAX (503) 488-5318 MEMORANDUM TO Mayor Cathy Golden & City Council FROM Keith E. Woodley, Fire Chief SUBJECT Fall Burning Period Report In the past, the Council has shown interest in the administration of burning regulations inside the city. This report is provided to serve that interest. Ashland city ordinance restricts wildfire fuel reduction burning to April, May, and September 15th through October 15th. A special extension through October 31st is available during those years where fire season extends into October. This year fire season extended from June 1st through October 27th within the Rogue Valley. Only two "burning days" were available to residents this fall, due to generally poor ventilation conditions. Burning Period Number Permits Issued April, May 1990 43 Sept, Oct 1990 10 1990 Total- 53 April, May 1991 76 Sept, Oct 1991 16 1991 Total- 92 April, May 1992 87 No fall period 29 1992 Total- 116 April, May 1993 106 . Sept, Oct 1993 42 ' 1993 Total- 148 April, May 1994 79 Sept, Oct 1994 31 1994 Total- 110 SEPTEMBER 30, 1994 SUBJECT: DISPUTED UTILITY BILLINGS ACCOUNT #: 005-037049-01 TO ASHLAND'S CITY COUNCIL: WHEN MY HOME WAS APPROVED AS A "CONDITIONAL USE, 2 UNIT, TRAVELER'S ACCOMMODATION", MR. DENNIS BARNTS, THE HEAD OF THE WATER AND SEWER DEPARTMENT, MADE AN ON-SITE VISITATION. HE DETERMINED, THAT THE USAGE AS A TRAVELER'S ACCOMMODATION WOULD NOT IMPACT THE SEWER SYSTEM ANYMORE THAN IF MY HOME WERE USED AS A RESIDENCE. BECAUSE OF THAT MANAGEMENT DECISION, MY SEWER BILLING WAS BILLED THE SAME AS RESIDENTIAL USAGE. THERE WERE NO ADDITIONAL "COMMERCIAL SEWER FLOW RATE" CHARGES. THAT BASIC BILLING LOGIC HAS CONTINUED FOR MANY YEARS. RECENTLY, MY SEWER BILLING HAS ARBITRARILY BEEN CHANGED TO A "COMMERCIAL SEWER RATE". I AM CURRENTLY BEING BILLED ADDITIONAL BASIC SEWER CHARGES, PLUS THE "COMMERCIAL USERS" SEWER CHARGES. A.K.A. (SEWER FLOW RATE CHARGES) ' MY IMPACT UPON THE CITY'S UTILITY SYSTEM HAS NOT INCREASED SINCE THE ORIGINAL MANAGEMENT DECISION MADE BY MR. BARNTS. IN ACTUALITY, MY GUEST OCCUPANCY HAS CONTINUED TO BE LESS THAN IT WAS IN 1990. WHEN I INQUIRED ABOUT THESE CHANGES, THROUGH THE UTILITY BILLING DEPARTMENT, I DID NOT RECEIVE ANY LOGICAL EXPLANATION FOR THE NEW "COMMERCIAL CHARGES", OTHER THAN MY NEW BILLING WAS THE RESULT OF DECISIONS MADE BY THE CITY'S FINANCE DIRECTOR. I WOULD QUESTION THOSE DECISIONS AND THE AUTHORITY BY WHICH THE FINANCE DIRECTOR OVER-RODE THE LOGICAL MANAGEMENT DECISIONS MADE BY THE HEAD OF THE WATER . AND SEWER DEPARTMENT. I AM THEREFORE FORMALLY DISPUTING ALL OF MY CHANGED BILLINGS. I AM FORMALLY APPEALING DIRECTLY (THROUGH THE CITY RECORDER) TO THE CITY COUNCIL. I REQUEST THAT THE CITY COUNCIL REVIEW MY DISPUTED BILLINGS AT THEIR NEXT REGULARLY SCHEDULED COUNCIL MEETING. I WOULD REQUEST THAT THE FOLLOWING QUESTIONS AND REQUESTS BE PUBLICLY DISCUSSED AND ANSWERED AT THAT MEETING: 1. WHAT LOGIC WAS USED BY THE FINANCE DIRECTOR IN INCREASING MY SEWER BILLINGS? 2. BY WHAT AUTHORITY WAS MR. BARNTS' PRIOR MANAGEMENT DECISION OVER- RIDDEN BY THE FINANCE DIRECTOR? 3. WHAT IS THE JUSTIFICATION OF CHARGING HIGHER SEWER RATES TO CITIZENS WHO DO NOT IMPACT THE SEWER SYSTEM ANYMORE THAN RESIDENTIAL USERS? 4. I WOULD REQUEST THAT MY SEWER RATES BE CHANGED BACK TO THEIR PRIOR RATES ACCORDING TO MR. BARNTS' DECISION. 5. I WOULD REQUEST. THAT ALL ADDITIONAL CHARGES PAID, SINCE THE ARBITRARY HIGHER BILLING CHANGES HAVE BEEN IN EXISTENCE, BE REFUNDED TO ME. S�INC-ERELY, a DAVID FADDEN 326 N. MAIN ST. ASHLAND, OR. 97520 488-0025