HomeMy WebLinkAbout1996-0416 Council Mtg PACKET Important: Any citizen attending council meetings may speak on any item on the agenda,
unless it is the subject of a public hearing which has been closed. If you wish to speak,
please 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 heard, and the length of the agenda.
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
April 16, 1996
I. PLEDGE OF ALLEGIANCE: 7:00 p.m., Civic Center Council Chambers.
II. ROLL CALL
III. APPROVAL OF MINUTES: Regular meeting minutes of March 19, 1996.
IV. SPECIAL PRESENTATIONS & AWARDS:
1. Presentation of annual James M. Ragland "Volunteer Spirit" Community Service
Award by Betsy Ragland (daughter).
2. 1 Recognition of Police Department Employees of the Year.
Mayor's proclamation of week of May 12-18 as "National Historic Preservation
Week."
V. CONSENT AGENDA:
1. Minutes of boards, commissions, and committees.
2. Monthly departmental reports for February and March 1996.
3. City Administrator's Monthly Report for March 1996.
VI. PUBLIC FORUM: Business from the audience not included on the agenda.
(Limited to 5 minutes per speaker and 15 minutes total.)
VII. NEW AND MISCELLANEOUS BUSINESS:
1. Request by Councilor Hagen to discuss annexation criteria.
2. Recommendations from Selection Committee regarding Wetlands Demonstration
Project consultant/contractor.
VIII. � DINANCES RESOLUTIONS AND CONTRACTS:
1. Contract with Patricia Murphy for furnishing of Ltthia water to property at 6th
and 'A' Streets.
Agreement with ODOT and SOSC for realignment of Indiana and Wightman
Streets intersection with Siskiyou Boulevard. I '
�CSCUlts�- l 6)1 e, u c'scrD 6, ee,, k oOcQ
IX. OTHER BUSINESS FROM COUNCIL MEMBERS:
X. AD.IpURNMENT
REMINDER: Council Study Session on Wednesday, April 17, at 4:00 p.m. Subject is BPA
Resources Accounting Project.
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
April 2, 1996
CALLED TO ORDER
Mayor Golden called the meeting to order at 7 p.m., Civic Center Council Chambers.
ROLL CALL
Councilors Laws, Reid, Hauck, Hagen, Wheelldo^n and Thompson were present.
APPROVAL OF MINUTES
The minutes of the Regular meeting of Mereh-19, 1996 were approved with the following
amendment to page 4, paragraph 8; "from the" was deleted from sentence reading "The
county still owns Tolman Creek...south of Siskiyou Boulevard and a small portion to the
north of the mobile home park."
SPECIAL PRESENTATIONS & AWARDS
1. Proclamation of April 8, 1996 as Arbor Day in Ashland.
Mayor Golden read proclamation proclaiming a special day be set aside for the planting
of trees, called Arbor Day. Proclamation recognizes Ashland as a Tree City USA by the
National Arbor Day Foundation for eleven years and desires to continue its tree planting
ways.
CONSENT AGENDA
1. Minutes of boards, commissions, and committees.
2. Monthly departmental reports for February 1996 and March 1996.
Councilors Hauck/Hagen m/s to approve consent agenda. Voice vote: all AYES. Motion
passed.
PUBLIC HEARINGS
1. Continuation of Planning Action No. 96-018, a request for annexation and rezoning of
11.25 acres of property located on the west side of Tolman Creek Road, south of East
Main Street, for low-income housing (ACCESS, Inc., applicant).
PUBLIC HEARING CONTINUED 7:10 p.m.
IN FAVOR:
Joanie McGowan/676 Liberty Street/Addressed her concerns regarding the cost of rents in
Ashland. Stated that she is aware of many friends that have had to leave the community
because of the high cost of living.
council Meeting 4-02-96 l
IN OPPOSITION:
Babs McDonough/215 Tolman Crk Rd #3/Submitted a letter with a number of signatures
stating their opposition. Letter outlined several concerns regarding traffic congestion,
ped estrian risk, problems to sewer system by additional load in annexation of property.
Pete Peterson/215 Tolman Crk #13/Concerned with traffic issue.
Joe Eckhardt1108 Bush St/Cites conflict with goals of the LCDC, particularly the wildlife
area. Feels that this area should be protected. Does not feel there is a need for low income
housing and states his concern regarding the traffic issue. It was his judgement that an
annexation could not be within the ORS, until such time changes were made in the
Comprehensive Plan in the Land Usage Offices.
Barbara Ryberg/373 Vista/Concern that parcel was zoned R1-3.5 and questioned the
procedure in which the property was zoned. Concerned that RVTD is expanding service to
this area, and how will this work out. Feels there is a traffic problem if this area is
dependent upon RVTD. Questions community integrity.
Marilyn Briggs/590 Glenview Drive/Addressed the need criteria, questioned the study that
was done showing the need. Questioned whether the.Council had actually seen this study.
Does not feel that the criteria has been met. Felt the Council should have a list that shows
98 families that are in need of this low income housing. Sites the increase of a possible 400
population to the city. Questions how much the city would be losing in taxes by allowing a
tax free project. Requests Council to wait.
Carroll Munson/215 Tolman Crk #11/Stated his opposition in concurrence with others.
Debbie Miller/160 Normal/Submitted information to council regarding LCDC planning
goals. Used these as a guideline with current annexation proposal. Cited density,
transportation and how it would not be able to accommodate, no sidewalks and urbanization
criteria. Questions how much Ashland needs to accommodate low income housing. Asks
Council to check out accountability and merit.
Betty Northcutt/1340 E. Main/Stated opposition as a tax paying property owner. Feels
annexation of tax free, SDC units is discriminating and puts an additional burden on those
that pay taxes now. Asks council to not be swayed by the affordable housing issue.
Betty Elerath/840 Pinecrest Terrace/Questions how much the city will not be receiving in
SDC charges and how much will be passed on to current property tax payers. Questions
whether this project will pay its share of taxes as other property owners pay. If not, why
not? Feels this proposal is discriminating.
c�a a+eame aozss
2
Betsy Bishop/280 Normal/Lives in an area right next to the proposed annexation. Feels it is
important to protect the urban areas. Feels there are areas inside the city that could be used
to facilitate the need for low income housing.
John Fields/35 Oak Street/Opposes proposal because it encourages tax subsidy
developments. Questions how this fits.into Ashland urbanization. Feels that there should be
more effort put into finding other solutions to affordable housing.
STAFF RESPONSE:
Planning Director John McLaughlin addresses questions raised by those in opposition. He
explained that the reason the R1-3.5 zone was applied to this property, was that during the
comprehensive planning process it was determined that this area was to be a higher density
area. The Comprehensive Plan was adopted with these plans in 1981 with periodic review.
McLaughlin did not have tax information on this property as it is based on the value of the
property when development is completed. He reported that a rough estimate on the SDC
charges based on 96 units, all multi-family to be around $300,000.
Stated that our Comprehensive Plan when it was acknowledged by LCDC complied with all
the.Statewide goals. As the plan has periodic reviews, those updates are reviewed with these
goals. He feels that our plan meets these goals and it is what rules and governs in this
process. When city ordinances are adopted they in concurrence with our Comprehensive
Plan and the state has found these to be in compliance with our Comprehensive Plan.
When the city follows it ordinances for annexations and development, it means that the city
is following the statewide goals as acknowledged by LCDC.
McLaughlin explained that the improvement of East Main and Tolman Creek is proposed to
be done along with the development..
McLaughlin clarified that the traffic level with a proposed development of 96 units,
additional traffic could be 7-8 trips per unit (600-700 trips per unit). He explained that East
Main and Tolman Creek Road would be able to handle the additional capacity of traffic.
Wheeldon questioned whether the city would be able to satisfy its need for vacant land
recommended by the state through rezoning of property within the city limits. McLaughlin
clarified for Council that they do have the authority to rezone properties as they see it
necessary in order to meet statewide goals and to comply with the Comprehensive Plan.
McLaughlin clarified that the bike lanes on East Main are not standard size and the distance
from this parcel to the nearest sidewalk on East Main is approximately 1/2 mile.
It was questioned as to whether this development could be situated within the city limits.
McLaughlin explained that it could be within the city limits although there are no parcels
large enough to accommodate the project. City Attorney Nolte clarified for council that
COUnca Meeting 4-02-% 3
there are no case laws that he is aware of that addresses the issue of having property
available for project developments.
Council was reminded that criteria being used is based only on the land, not on the potential
development. The need criteria for this application is based on the type of zoning.
Questions regarding access points to the property for transportation was addressed by
McLaughlin. He explained that there is some initial work on the access points. There is one
potential access off of Tolman Creek Road that would link into a street system which
connects over to Clay Street. There is another possible access off of East Main.
McLaughlin stated that the recommendation to Council would be that before an ordinance is
passed annexing the land, there be a condition on the applicant to get a site review approval.
If all conditions and requirements regarding the development are not completed, then the land
would not be annexed.
Councilor Hauck stated that a transit district or service area is 1/2 mile on either side of a
route and is considered served by the fixed route. McLaughlin stated that they had
determined a five minute walking distance to the nearest transit route.
McLaughlin stated that it is correct that CPAC is non-existent at this time, but that this
action falls under the City's goal to ensure citizen involvement for participating in Land Use
actions through Public Hearings. There is a review process for Comprehensive Plan
changes, zone changes, etc.. for Land Use. Because this is quasi-judicial involving one
parcel of land, this is normally a Planning Commission item that goes through Planning
Commission hearings and then on to City Council hearings. These Public Hearings are
opportunity for public comment.
APPLICANT REBUTTAL:
Debbie Price, ACCESS Housing Manager and Patty Clays, Executive Director of
ACCESS/Addressed concerns raised by opposition. Clarified that in regards to the property
tax exemption, it is available to different type of affordable housing projects. ACCESS as a
non-profit organization will pursue any property tax exemptions available to their
organization. There is no guarantee that tax exemption status would be granted. Stated that a
complete market study was done on affordable housing in Ashland, which showed a very low
rate of availability. Does feel application meets all necessary points of criteria.
Preliminary estimates have been done on unit mix, 96 units with an average of 2.3 persons
per family, 10 four bedroom units. This type of balance could be designed to meet the need
in Ashland and would be flexible.
Clarified that Access is a community service provider and taking steps to make permanent
solutions is necessary. Their goal is to provide affordable housing using state subsidies that
4
Council Muting 4-02-%
are available. Stated that this property would be managed by a professional management
company. The average rent for these units based on a 2 bedroom unit would be $357.25 a
month.
PUBLIC HEARING CLOSED: 8:35 p.m.
Discussion by Council regarding the possibility of additional expenses due to the
development that may be passed on and become a burden to other property owners. It was
commented that the city portion of property taxes is very minimal, how city monies are
generated is through utility taxes and utility charges which will continue to be paid by
individuals even if property taxes are exempted. There is a possible credit that can be
applied against SDC charges for improvements to streets, etc. around a project. Councilor
Laws stated that one tool to help in providing low income housing are based on providing tax
credits or forgiving of taxes.
Councilor Reid commented on the positive aspects and livability of current affordable
housing areas in Ashland. Stated that there is a difference in ownership of property versus
rental property.
Councilor Hagen stated that the proposed annexation does not meet the adequate Ua£ta �1CTGi tCc
-element. Concerned that there is no bicycle facilities that meet standards on East Main street
and there are no sidewalks. This forces pedestrians to use the same lane as bicycles which
this does not comply with our Comprehensive Plan. He is also concerned with the safety of
the East Main and Tolman Creek Road intersection.
Councilor Thompson stated that he does not believe the application meets criteria for
approval based on criteria number four (4). Feels there is a need for affordable housing and
projects need to be done on a scale that people in Ashland want.
Councilor Wheeldon questioned as to whether this might not be an opportunity to create
better transportation in this area.
Councilor Hauck commented that the transit district has set service areas of 1/2 mile on
either side of an existing route and will not do other routes unless the density calls for
additional route or there is an unserved area that needs this service. He feels this proposal
falls within that service area and under their definition it does get adequate public
transportation.
Mayor Golden voiced her concern that the arguments used in a past application for
annexation are not being used with this development: Raised the issue of public need for
additional land and commented that 96 units on 4 acres is not suburban residential zoning,
but rather R-2 zoning. Feels that because of the density of this development, it is a R-2 zone
coming in as a R1-3 zone. Concerned that there is adequate need for R-2 land within the City
and unless the density changes, R1-3.5 cannot be justified.
Canned Mating 4-02-% 5
Councilor Reid stated that approval should not be tied to the ACCESS project, but that any
project should pass or fail according to our stringent site review in place.
Councilors Laws/Hauck m/s to approve request for annexation and rezoning of 11.25
acres of property, Planning Action No. 96-018. Roll Call vote: Thompson and Hagen;
NO. Wheeldon, Hauck, Reid and Laws; YES. Motion passed 4-2.
PUBLIC FORUM
Linda Richards/300 W. Hersey/Requests support from Council in neighborhood
development of park space on north end of town. States there is one vacant piece of land
that would be perfect for a park. Parks Department tried unsuccessfully to obtain this piece
of property.
Feels there is a safety issue for children. Commented on possible future building of
condominiums by owner Albert Teitlebaum.
Council requested City Administrator Almquist to contact owner Albert Teitlebaum to see if
he would be interested in selling. Almquist reminded Council that property can only be
purchased with meals tax monies if in the open space program.
NEW AND MISCELLANEOUS BUSINESS
1. Public Works Department request for authorization to cut surface of Seventh Street to
install a manhole and sewer line.
Interim Public Works Director Jim Olson presented background on sanitary sewer line on
Morton Street which has been a source of sewer back-ups and maintenance problems.
Councilors Laws/Hauck m/s to approve request for cutting. Voice vote: all AYES.
Motion passed.
ORDINANCES RESOLUTIONS AND CONTRACTS
1. Approval of Grant of Easement from Central Oregon and Pacific Railroad, Inc., to
the City of Ashland for $75,484 for the purpose of installing, constructing, operating,
maintaining, repairing, and replacing a public bicycle trail.
Councilors Reid/Hauck m/s to approve Grant of Easement. Roll Call vote: Wheeldon,
Laws, Reid, Thompson, Hagen and Hauck; YES. Motion passed.
OTHER BUSINESS FROM COUNCIL MEMBERS
i Councilor Thompson voiced concern that the public forum was not soon enough on the
agenda and that citizens were having to wait until sometimes after 9:30 p.m. to be heard
during the public forum section of the agenda.
It was explained to Thompson that this had been addressed in the past and that it is currently
sooner than it had been in the past. The importance of finishing public hearings by 9:30
Cam"Meeting 4-02-96
6
p.m. and the possible education process that the public may gain by waiting through a public
hearing for the public forum outweighed the need to push it ahead of public hearings.
Thompson questioned the progress being made on the widening of N. Main and questioned
whether it would be offer any pedestrian refuge yet in the design. City
Administrat mquist ex am that the state has stated no to this request.
St9 ��
Thompson
input on the possibility of holding a Public Hearing to discuss a
minimum wage in Ashland.
Councilor Hagen informed the Council that a check had been received from the Ashland
Community Food Store to get the effective vi n cable access.
ADJOURNMENT _
Meeting was adjourned at 9:40 p.m.
Barbara Christensen, Recorder Catherine M. Golden, Mayor
Comma Mccft 4-02-% 7
.a- \ J•I l i l A f
f
. ��/ \\ l II \ 11 'R. . ItN f �P\/\ � 1 •` �� �\1F.•/ ///' Il�ti// \k/�• 'C � �il/Qt'
{9P "f� Jr .d t\ y'. ✓'� d \ /~w r' � 1/—/ J•xh �V V-. I /-\'�w �� \ V f �/.'ktt•)`ni�-'y1/��.„F i\�yf
✓.,,yy, Jtk -AM
r�q�J !tl! `+ \;: \�'u'�(.1's: •a +.
l.Fa "NATIONAL HISTORIC PRESERVATION WEEK"
r � 1:.
I t iai a riot:=:1
WHEREAS, the historic houses and buildings of Ashland help make our City unique N
and provide links with aspirations and attainment of the City's pioneers T• �;
and their descendants; and
s((_ WHEREAS, these fine examples of 19th and early 20th century buildings contribute
to an appreciation of our heritage; and rJ45'
WHEREAS reservation of these ties with our history helps avoid a sameness that
ua r P rY P fits
N in some communities makes for a feeling of rootlessness and lack of
r!)� sense of place; and
yl_(J11..1
=�2 WHEREAS, National Historic Preservation Week provides an opportunity to
.1»
recognize the value of Ashland's historic resources and encourages their
preservation for future generations.
;.}"lit;
IR NOW, THEREFORE, I, Catherine M. Golden, Mayor of the City of Ashland, do
(�) hereby proclaim the week of May 12 - 18, 1996 as: `l��E�lt,
"NATIONAL HISTORIC PRESERVATION WEEK11 '
and call upon the people of Ashland to recognize and participate in this observance.
I1/ci Dated this 16th day of April, 1996.
„yam
ZUP:
wit
t{tli �rt))�1•r:
Barbara Christensen, City Recorder Catherine M. Golden, Mayor
jj-A nl i:�syc tll�:
:gip •=i a��
�s {,` °` ° y b�S.�Y�' •ay as.IL ,nv o- 1/)l� � 2' a���( a a 1p •'
:P t\ a. \//F` - ��z � a `��1� //�3 kl I�{\ ��� e"� a d�1\ ��\tY�'b �f,y �\\ w�\`�/�" 4� _/ 4�1� •dA\���s.. / Ir� f
\ .�A al l`� 'ti-.1 s^. /,�� Y lrl� `,r f 'i ri\r A' \kir�y\�A r� �r'" ,•„mow,!fir�r �
' / f 'Y S U' \m� r .1r S o � S \k` ��°� C'r %Sp'fw�up�� fc �i! ' Y�` �`�,,.'. V�r. .�Y�y��h•
� I.t''1'r�-, ...•,��iif ;t'L/� r .: .;niJl'I $\., ����..,..:•r.., .:ui'ii'r "v,r+.l r.,_.,. .:R. �aR., ... .r ;r..
ASHLAND AIRPORT COMMISSION
Monthly Meeting
March 6, 1996 ►'
MEMBERS PRESENT: Chairperson Linda Katzen; Vice Chairperson John Yeamans;
Marty Jacobson; Paul Mace; Laura Craven; William Skillman and
Alan DeBoer; Staff present: Jim Olson and Caralyn Dusenberry.
I. CALL TO ORDER: 12:00 Noon, COUNCIL CHAMBERS
Chairperson Katzen called the meeting to order at 12 noon.
H. APPROVAL OF MINUTES: Wednesday, February 7, 1996:
Minutes were approved as submitted.
III. OLD BUSINESS:
A. Land Leases: Status Report. Staff:
Commission approved staffs recommendations on the land leases and requested
they be mailed as soon as possible.
B. Commercial Lease Area: Staff:
Commission reviewed revised Airport Layout prepared by the Engineering
Division. Commission recommended two areas for change/revision. Olson will
have these changes made and bring plan back to the next meeting.
C. Maintenance Issues: Staff:
Hangar Numbering: Review Proposed Addresses for Consistency with Lease
Numbers:
Discussion was held on the hangar numbering procedure. DeBoer stated it would
be better if there were double numbers on each one. Jacobson requested that he
be allowed to place the numbers on the hangars to save money in the Airport
Budget.
PAGE
Olson stated staff looked at the weed control. Spraymasters bid was $950 for the
`entire runway. The work the Parks Department will do is in the amount of
$269.00 for the same job. Olson recommended the Parks Department be
-=contacted and asked to increase the scope of the job because they are less
expensive. The Parks Department does this type of maintenance on a regular
basis. It was the consensus of the Commission that the Parks Department be
contacted to do the job as soon as possible.
Olson stated he talked to the Street Department on the drainage issues. They
have agreed to do this job for the Airport. The only cost to come out of the
Airport Budget will be the cost of materials. There will be no charge for the
labor. They will do this as soon as the ground is dryer.
Olson stated the Street Department cleaned brush and debris, as per the request
from U.S. Corp of Engineers, in the area of the creek bed.
D. Review of Safety Reports: Bob Skinner:
Skinner was unable to attend this meeting due to out of town business. Katzen
referred Commission to Skinner's report in the packet.
Olson was thanked for having the lighted wind cone placed and operating.
Mace stated the Commission was visited by Disharoon last month. Mace asked
staff if they would prepare a partition construction drawing. Engineering
prepared the drawing and the Building Department approved the plans. The
partition wall is up. The City is still requiring a man door in every hangar.
Disharoon has six months before a man door has to be in place. Mace asked
what code this requirement is under and Olson stated he thought this was a Fire
Code. The only way the door can be placed in Disharoon's hangar is to cut into
one of the corrugated doors. He asked if there could be compliance with an FAA
rule that hangar doors could not be closed when occupied. Mace requested this
rule be placed on the next meeting agenda and that staff find out the requirements
i for the second door regulation and if there are alternatives? Commission would
then make recommendations. Discussion was held on hangar sprinkling system
requirements. Further discussion was held on this issue and Jacobson stated he
has taken on the project to place the door for Steve (this issue previously
discussed extensively at a prior meeting).
IV. NEW BUSINESS:
A. Collect Names of Hangar Door Repair Persons:
A business card from "Outback Welding" was received.
AA. (This item was received too late to be placed on the Agenda) Katzen referred to
s the Memo from Pam Barlow in reference to an application at Jackson County
PAGE
a 3
being applied for by. Bachelets. DeBoer asked Bachelet the height of the
proposed bam. Bachelet stated it would be 35' high. The trees would be higher
than the building. Bachelet stated he has two applications to be processed. They
would both need to be approved at Jackson County. The land is currently vacant.
Bachelet showed the Commission an aerial view of the property. Discussion was
held on building a residence in an Exlusive Farm Use Zone. This parcel of land
consists of 10 acres. Bachelet stated it would be approximately nine months
before the County would have the applications processed. Mace stated from the
geometry situation it is not a problem. Mace and DeBoer agreed the problem is
the noise complaints that may be received. There is not an aviation problem.
DeBoer stated if there is no safety issue that the Holdharmless Agreement would
cover what the City needs. Barchele:t's thanked the Commission for their input.
B. Report from Ashland Airport Association (President Clark Hamilton V P John
Yeamans):
Hamilton stated Sunday, March 30th, 2:00 p.m. the next meeting for the Ashland
Airport Association will be held. The EAA letter had an incorrect date of the
18th. They have a preliminary start on Airport Appreciation day with
commitments from the Chamber, food people, sky jumpers, etc.
C. - Ai=rt Commissioner Term Expirations/Recruitment:
Yeamans and Mace stated they have sent letters to the City requesting to be
reappointed to the Commission.
D. Other:
DeBoer stated there are some areas in the newly completed Airport improvements
that need landscaping. Jacobson asked if the island in front of his hangar should
be paved. DeBoer stated he would be willing to help financially. The area needs
to be coordinated. Discussion was held on paving the entire area and having a
few low-line juniper plants. Discussion was held on the City, at one time,
moving a fire hydrant. Jacobson stated they were going to add a fire hydrant.
Mace recommended Jacobson, DeBoer, and himself meet and discuss a plan for
paving and landscaping. Olson recommended Don Paul attend and Mace
recommended Almquist also.
Jacobson asked about water serving the Airport and Olson stated the money
source is the main problem. Discussion was held on costs and construction of a
water line to serve the Airport. Olson stated a 10-inch line would be brought into
the Airport and then put into an 8-inch line. Approximate costs would be in the
area of $60,000. Chuck (audience) asked if another fire hydrant would blow
away the sprinkler systems in the hangars and Olson stated it would not.
PAGE 3-ce:am\MkAm%MW%.MW
I ,
V. AIRPORT MANAGER REPORT/FBO REPORT:
`A Status a Airport: Bob Skinner•
Katzen requested the Commission look at the report in the packet. DeBoer stated
the list is whittling down.
B. Financial Resort:
FBO/Maintenance Service: Skinner.
Draft Budget - Comments from Commissioners:
i
Olson stated the 1996-97 budget has gone through the first approval process. The
proposed budget for the Airport Commission was distributed at the beginning of
this meeting.
Discussion was held on budgeting for the $60,000 for replacement of the fuel
tanks.
Staff was requested to contact Airport Commissioners as to the date and time the
Airport Budget would be addressed.
VI. INFORMATIONAL ITEMS:
DeBoer stated he is trying to encourage people to apply to the City for a
commercial hangar. DeBoer will obtain a copy of the Medford Airport's
commercial hangar agreement.
VII. ADJOURN:
i
There being no further business Katzen adjourned the meeting at 12:50 p.m.
I
Respectfully su itted,
I
i
Caralyn usenberry
Administrative Secretary
Public Works Administration
PAGE
FOREST COMMISSION
Regular Meeting r
.n ! ll�l.
March 13, 1996 �f^
Members Present: Herschel King; Teri Coppedge; Pete Seda
r
< and Phil Arnold. Staff present: Pam Barlow,
Caralyn Dusenberry, and Keith Woodley.
I: . CALL TO ORDER
Meeting was not called to order because there was not a quorum present.
IL MINUTES OF MEETING: February 21, 1996:
M. ITEMS FOR DISCUSSION:
A. Interface Contracting:
Forest Lands Prescription Review Committee:
Status of Surveying Parcel:
Status of Job Council Program:
B. Project Review/Action Plans:
Recreation - Public Access Issues, Coppedge:
Public Relations -Activities:
Tree Planting - Spring projects, Seda, Ferguson Update:
Other.
C. Commission Membership:
Modified Resolution - Status:
Membership/Renewals:
IV. Review/Set Commission Calendar:
V. Other Business:
VI. Adjourn:
i
FOREST COMMISSION
Regular Meeting
February 21, 1996 f
Members Present: Chairman Bill Robertson, Don Ferguson, Tom :/111
Sander; Herschel King; Pete Seda and Teri l/
Coppedge. Councilor Susan Reid. Staff present:
Pam Barlow, Keith Woodley, and Jeff
McFarland.
I. CALL TO ORDER
Robertson called the meeting to order at 7:03 p.m. Ferguson introduced the following guests:
Tom Murphy, BLM Fire Specialist; Frank Bettejewski, BLM ForesterNegetation Management;
Greg Chandler, BLM Forester/Fire; Diane Chung, BLM Area Manager. Other persons present
were Bill Rose, USFS and Kate Jackson.
II. MINUTES OF MEETING: December 13, 1995 & January 10, 1996
Minutes were accepted as submitted.
III. ITEMS FOR DISCUSSION:
A. Interface Contracting: Staff Status Report
1. Comments on Forest Lands Prescription
Ferguson introduced guests, resource professionals
"Recruiting frenzy"
Robertson introduced Forest Commission members and gave history and process
i behind forest prescription
Ferguson noted that Rose has been the "Godfather" of fuels management in the
Watershed. He was commended for his work and career and dedication to this
work.
I
jFerguson facilitated the following input:
Rose noted the Ashland Ranger District is in the process of hazard reduction fuel
sale, 1) Timber Sale one year out,.Sell in February 1997; 2) Silvicultural
treatments 1-3 years. A notice will be out by the end of July. Rose also noted
the critical strategic importance of that piece of property due to its location at the
PAGE 1-cc:forc&mmWn%jan%.MW
mouth of the watershed. Slash treatment, etc. on this parcel extremely critical.
Murphy stated he was impressed with Marty Main's prescription for the parcel.
Costs seem appropriate. He saw some ways to reduce costs.
..Bettejewski stated it is not an economical logging site because the trees on site
are small in diameter and sparse. This is an opportunity to coordinate with the
Forest Service. Creativity is possible.
Murphy stated a shaded fuel break alone buys little advantage for wildfire
protection. It would be better economics of scale to do the whole thing [all the
City parcels]. Give merchantable timber away in exchange for non-commercial
work or reduced rate.
Bettejewski stated there are various ways to make this cost effective. Public
relations value of working for Ashland may help entice helicopter bidders.
Murphy stated there is an overload of biomass on the site.
Bettejewski, vegetation manager, sees a wholesale shift in the plant community,
affecting the Ponderosa, Sugar Pine, hardwoods, black oak (woodpeckers are
habitat for insects and birds that eat beetles, it is conducive to beetle control to
promote their habit. There is a need to expand on the means that will be used
to reduce erosion to intermittent streams.
Rose: Lower one third of ephemeral streams for the Forest Service are off
limits for logging,but this leaves the Siskiyou Mountains off-limits in general per
inherent geomorphology.
Olson stated it is necessary to have coordination of landowners.
Rose stated that it is necessary to pay-as-you-go, and do n4(thin without hazard
(fuel) reduction treatment concurrently.
Olson, micro-climate considerations critical.
Reid stated if there are critical fuel reduction bum needs that are in conflict with
the air quality regulations, they should go to City Council for Council's review
and possible emergency exemptions.
King stated if a special resolution, doesn't set precedence or open a door to
support burning, his clean air advocates can support emergency one time
exemptions for burning for fuel reduction.
Murphy stated fall gives cleaner burns with lower risk of wildfire occurrence.
Bettejewski stated it is cheaper also and less monitoring is required. McFarland
commented on the Parks Department's experience with burning.
King volunteered to work with clean air activists to allow for some needed
=PAGE 2-(=r .y •*�a
1I
burning.
Bettejewski stated you need qualifiable and quantifiable contracts, and a tour
prior to bidding needs lots of oversight.
Murphy stated we need to find contractors with stewardship ethics.
2. Prescd2tion Review Committee
The members of the Review Committee will be Tom Murphy, frank Bettejewski,
Bill Rose, Bill Robertson, Greg Chandler, Pete Soda and Herschel King.
B. Project Review/Action Plan:
1. Fuel Reduction Planning: City Lands Ferguson: Private Lands. Robertson:
2. __ Recreation: Public Access Issues. Coonedee:
Coppedge stated the Siskiyou Mountain Park needs improved access from the
City.
3. Public Relations: Program Development, Magee:
4. Tree Planting. projects. Seda & Ferguson:
Seda is very interested in a spring tree planting project. Barlow is working with
Parks and the Job Council to help develop a project with youth.
C. Review of Proposed Forest Lands Budget for 1996-97:
D. Commission Membership: Modified Resolution:
I
Robertson introduced draft resolution to reduce number of members required for the
Forest Commission. Coppedge moved approval of the resolution. King seconded
motion. Motion approved.
i
E. Video Tapes, Video library: Bring Tapes to Return & Circulate:
Reminder to continue to circulate materials.
F. Planning for Hike, Saturday, March 9th:
Discussion of car pooling, meeting location.
PAGE.3-t=.fw�imvsa c a
c:;
G. Other: - ..
IV: . REVIEW/SET CObUdISSION CALENDAR:
V. OTBER BUSINESS
VI. ADJOURN:
pectfully bmiaed,
Caraly Dusenberry
Administrative Secretary
PAGE
Y
a.'�43` N3[TPi-A�. 4,:....♦ x.x],"J+..'�'. ......a�r_.'k,, .if^w-vs E. .-.... v:. �� A��$$ .e. ..
ASHLAND TRAFFIC SAFETY
COMMISSION
Thursday, March 14, 1996 PL
Regular Meeting
Fr 1J
NO PARKING
i
MEMBERS PRESENT: Councilor Don Laws; Walter
Schraub; and Christine
Schumacher. Staff present:
Caralyn Dusenberry; Pam Barlow;
Ray Smith; Officer Brent Jensen;
and Marty Stewart.
I. Call to Order 7:30 p.m., Community Center, 59 Winburn Way:
i
Chairman Laws called the meeting to order at 7:45 p.m.
II. Approval of Minutes: February 22, 1996:
Correction in the minutes was that the next meeting would not be held as regularly
i
scheduled on March 28th. Laws stated the minutes would stand as corrected.
I
III. Items For Discussion:
i
A. Public Forum:
I
There were no comments from the audience.
j B. Alley At Post Office: Traffic Calming Plan Presentation:
I
Barlow stated an owner and a resident of property located adjacent to the alley
was present. She reviewed the previous meetings discussions in reference to
traffic, bicycles and pedestrians in the alley. Barlow displayed pictures of the
alley and pointed out specific signs, and vehicular traffic unable to pass.
Smith explained the displayed engineering drawings which showed the right-of-
PAGE 1-craanmmwc.�.N6.tdm)
way, trees, shrubbery, and location of buildings. One suggestion for traffic
calming was the placement of a 3" berm. A speed bump might be allowed if
property owners would sign an agreement to accept all responsibility for any and
all liability. Laws stated that his concern is the traffic calming.
John Stough, a resident on property abutting the alley, stated that the area that
needs to be cut back is where the bamboo is located, between Smith's lot and the
6-plez. He stated the placement of a walking path would be good.
Discussion was held on speed bumps and the City's liability. Laws stated he
thinks this is the answer to the problem. Discussion was held on the proposed
pedestrian way which would require widening of the alley and a stripped area
painted. Discussion was held on the placement of the neck-down approach on
both ends of the alley. The neck would have to be on the north side of the alley
at the post office. Discussion was held on "Stop" signs on alleys. Jensen stated
at one time he thought closing the alley would be a good thing but from an
enforcement stand point it would not be workable. He recommended removing
vegetation. He does not believe the stripped walkway would work and would be
dangerous to pedestrians. He thinks one-way would work with the removing of
the vegetation. Discussion was held on which way to make the "one way."
Issues to be considered would be 1) make one section of the alley "one way" and
2) necking down at both ends, which would not require a stop sign. After
discussion Schraub moved that the Public Works Department consider both of
these possibilities and report back to the Traffic Safety Commission's next
meeting. Schumacher seconded motion. Motion approved.
C. Motorcycle Parking on Plaza:
Andrew Chester requested that Barlow look into adding motorcycle parking in the
Plaza area. The last space on North Main, located in front of the ice cream shop,
is a hazardous regular parking place and to make it "motorcycle parking only"
would eliminate the problem of cars backing onto North Main and driving up East
Main. Barlow displayed an overhead showing two triangular shaped areas within
the parking spaces on the Plaza. Schraub moved the triangular spaces be made
"motorcycle parking only" and also the parking space located in front of the ice
cream shop, the last space on the Plaza. Schumacher seconded motion. Motion
approved.
D. Jefferson Street "No Parking." Rcquest to Modify:
Barlow stated the lessees along the east side of Jefferson did not receive sufficient
notice before placing "No Parking" on a long curb area opposite the Courtesy
Appliance business. The abutting owner supported the yellow curing. "No
Parking" sign was installed for safety of delivery vehicle turning motions.
Barlow displayed on the overhead the existing (newly placed) "no parking" yellow
curb area. City a received call from the owner of Courtesy Appliance and
informed the City that they had removed parking spaces they need for their
customers. Owner of the appliance store recommended the yellow line be
shortened and only take out one or two parking spaces. Discussion was held on
':PAGE 27c-:t.i. .t+na
i
making half of the area 15 minute parking and the other half continued as 'no
parking'. Schraub moved the City place two 15 minute parking spaces, one at
each driveway entrance. Schumacher seconded motion. Motion approved.
t` to R" on Oregon at Walker and on Clark at Walker lone intersection):
Barlow stated this intersection meets the warrants for a "Stop" sign. Schraub
moved a 'Stop" sign be placed on the corner of Oregon at Walker and also Clark
Street at Walker. Schumacher seconded. Motion approved.
F. Wimer and HerKy Ped Crossing: Comments on Intersection for ODOT:
ODOT requested an official statement from the City of Ashland in reference to
a pedestrian crossing at Wimer and Hersey intersections. Laws stated he agreed
with Barlow's comments that were in the packet (no crosswalks be placed in these
areas). Laws recommended Barlow contact RVTD in reference to the use of bus
stops in this area. Discussion was held on location of bus stops.
G. Report from the Crosswalk Awareness Week Subcommittee:
Navickas is working on preparing the Safety Chicken interview scheduled with
"Sneak Preview".
H. cycle and Sidewalk Hazard Report Form: Barlow. Haeen:
Barlow stated she is swamped with the "Hazard Report Form." She is behind on
the letters and is looking for volunteers to help her. Commission suggested
sending out just a card to confirm receipt of the reports.
I. "Reduced SPA Ahead" Signing: Officer Jensen:
Jensen stated that we may have made a mistake by asking for permission to place
the "Reduced Speed Ahead" sign. Even "Speed Zone Ahead" sign would be
better than no sign. Jackson County would not give the City permission to place
the signs.
I
J. Review of Traffic Requests:
i
Schraub stated many of the traffic requests have been taken care of and the
Commission feels very good about this fact.
i
I
K. Other:
IV. Informational Items:
Schumacher asked if someone from the City was attending the ODOT Neighborhood
Traffic:Safety seminar. Discussion was held on Commissioners available to attend.
PAGE 3-i� •*
r
Some of the training session's will be held closer to Ashland.
V. Adjourn: .
The meeting adjourned at 8.5 p:m
"
}
Respectfully sub 'fled,
yn ussenbe
Y ray
Administrative Secretary
Public Works Administration
PAGE 4-(cuaim�i8Lw%Mw%.TIw
-
i
BICYCLE COMN[ISSION
February 20, 1996
-; MEETING MMWTES
COMMISSIONERS PRESENT: Councilor Susan Reid; Jack Hendricks; Larry Hobbs; Rees
Jones; Sarada and Keough Noyes. Staff present: Pam
Barlow. Councilor Hagen was also present.
I. CALL TO ORDER:
Councilor Reid called the meeting to order at 12:10 p.m.
I
H. APPROVAL OF MINUTES: January 16, 1996
Jones moved approval of the minutes. Hendricks seconded motion. Motion approved.
M. TEEMS FOR DISCUSSION:
A. Budget Season: Status Report:
' P D Enforcement Program: Update:
Bicycle Commission Requests:
Reid will advocate at Budget Committee review meetings for more funds for the
Bicycle Commission/Multi-modal transportation.
Barlow will meet with Jill Turner prior to April 1 to review budget and funding
options.
I
PAGE'
T
B. FacL(y Development, Uodate/Planning:
Siskiyou Boulevard: Hagen & Barlow.-
Planning process and concerns discussed in reference to overlay. Meeting to be
held on Friday, February 23 with ODOT and other concerned parties. [Notes
from that meeting follow the regular minutes.]
Central Ashland Bikepath:
The Request for Engineering Proposals (RFP)has been revised and has been sent
to ODOT for their final review and approval. Approval was received from the
OMWESMB (Office of Minority, Women, and Emerging Small Businesses), and
the DBE (Disadvantaged Business Enterprise) requirement was set at 0%. Karen
Smith, Greenway, mentioned to Barlow that ODOT may charge their overhead
to the project. The Railtex easement is almost complete.
Bicycle Parking: Bicycle Lockers:
Hagen worked to modify the parking requirements for new construction to one
sheltered space per residential unit. Corvallis has the highest standard, we
adopted requirements similar to it.
Lockers are an example of what type of bicycle parking apartments could use.
Hagen stated the subcommittee needed to look at sites for bicycle lockers. The
subcommittee is Sarada, Hobbs, Hagen and Jones.
Criteria for bicycle locker sites: safety, visibility, security, compatibility with
historic district.
Subcommittee organized to meet Friday.
Lockers should be paid for from downtown parking dollars. Barlow to check
with Jill Turner in reference to this possibility.
C. Bicycle Safety Education:
1129 Meeting Review. Comments on Video "Safe Cycling" "Street Smarts'
Distribution:
Video was reviewed at the January 29th meeting. Sarada stated Judd Hyatt,
Siskiyou Wheelmen, has a slide show that is effective for kids. Hagen stated
"Effective Cycling" is 41 minutes long. This could fill up an hour with 20
minutes more of Ashland-specific discussion on air. Hagen will check into cost
to show video one time.
PAGE 2-co:bwvrb96.t t�
i
j Fifty "Street Smarts" booklets were distributed at Ashland Community Food
Store. These can be located at the Department of Motor Vehicles, Library, bike
shops, Police Department, Utility Payment counter, Municipal Court counter and
Planning Department Counter.
Jack will help with stamping the booklets and Susan will help deliver.
Bicycle (& Pedestrian) Hazard Report Form: Update on Displays:
Barlow thought the plastic stands she found were expensive, and not exactly the
size the Commission wanted. Commission recommended she check with an
Ashland Manufacturer: Plastic Fantastics.
Fducation/Advertising: Hobbs & Noyes:
Hobbs presented cost for 12 column inches one time per month: $8.64.
Sarada is interested in attending the Bicycle Education and Safety training.
Hagen and Sarada will speak with Mike Bianca in reference to Police bike
program.
Need to submit utility billing blurb in reference to availability of "Safe Cycling"
booklet.
I
D. Bicycle Commute Week Planning•
To be further discussed at next meeting. Needs commitment from Bicycle
Commissioners to happen.
E. "Safe Kids Bike Safety Event Training" May 4 Rogue Valley Medical Center:
F. ..- Other:
IV. CONIlVIENTS: Commission or Spectators
I
V. INFORMATIONAL ITEMS:
VI. ADJOURNMENT:
There being no further business the meeting adjourned at 1:00 p.m.
Respectfully s muted b ,
Cat al Dusenberry
Admimstiative Secretary
PAGE 3-(�:b&o%m=d=vcb96.Mia)
BICYCLE COMMISSION
March 19, 1996
MEETING MINUTES
COI IIIMISSIONERS PRESENT: Jack Hendricks; Janine Reynolds; Larry Hobbs; Rees
Jones; Sarada and Keough Noyes. Staff present: Pam
Barlow and Caralyn Dusenberry. Councilor Hagen was
also present.
L CALL TO ORDER:
Noyes called the meeting to order at 12:15 p.m.
II. APPROVAL OF MINUTES: February 20, 1996
Hobbs stated the cost for advertising was incorrect quoted at $8.64. He would get the
correct cost information. (The quote should have been $864.00 once per month for one
year; $72.00 per ad.)
III. ITEMS FOR DISCUSSION:
A. _ Budget Season: Status Report:
P D Enforcement Program: Update:
Officer Bianca was not present to give report.
Bicycle Commission Requests:
Budget Hearing will be held April 1st.
B. Facility Development: Update/Planning;
Siskiyou Boulevard: Hagen & Barlow:
Barlow stated Brian, Ken Hagen and herself met with representative from ODOT
in reference to the Siskiyou Boulevard improvements and the inclusion of a multi-
use path. Project will be divided into two phases. One phase will be from the
Library to Walker street and the other phase will be from Valley View to the
Library. Discussion was held on overlay being a maintenance overlay verses a
3-inch overlay. ODOT's historical staff has determined that the Siskiyou
Boulevard medians are not historic. Discussion was held on a bike lane being
placed on North Main. Discussion was held on meeting with ODOT again and
contacting Ronkin and Vial. Discussion was held on O'Hara's letter to ODOT.
Central Ashland Bikepath:
Barlow stated the RFP for engineering services for the design of
j the bikepath is awaiting Paul Nolte's approval. Discussion was
held on the bikepath location in the railroad area. Discussion was
held on the RFP and input by the Bicycle Commission.
Bicycle Parking: More Racks - Reynolds:
Reynolds stated there is no bicycle parking at Rogue Federal Credit Union.
Discussion was held on other businesses not having bike racks. Barlow stated the
City will not fund bike racks to be placed off of the downtown right-of-way. The
City will sell them to private parties at cost. Discussion was held on bike racks
being needed in the downtown area.
C. Bicycle Safety Education•
"Street Smarts' Distribution: Jones, Hendricks:
Hendricks stamped all of the "Street Smarts" booklets. Jones took the materials
to the fabricators. Discussion was held on placement of the booklets in the
different businesses and where they should be located.
i
Bicycle (& Pedestrian) Hazard Report Form: Update on Displays:
I
Barlow stated the "Hazard Report" forms have had complaints
most on education. Barlow will compile these and bring them to
the Bicycle Commission. Rees recommended these forms
continue.
EducationMilvertising: Hobbs:
jHendricks recommended booklets be available as well as the video.
Noyes asked Barlow about placement of this information in the
City utility billing.
L
PAGE 2-(=:b0w' Xm6�Nm&mh96 Mi
D. Bicycle Commute Week Planning:
Banner:
The banner for "Bicycle Commute Week" needs to be checked for
correct dates.
Restaurants/Coordination:
Restaurants that were used last year will be contacted by Sarada.
E. Effective Cycling Instructor Certification Course: Salem:
FWOng Approval/Coordinate Transportation:
Barlow stated the course in Salem needs to be paid for as soon as
possible. Barlow will follow up on the payment being made.
Safe Kids Bike Safety Event Training: May 4, RV Medical Center, Medford
F. Review of New Bus Stop RFP Plans:
Commission reviewed RVTD's plans for new bus stops. Discussion was held on
locations and designs. Pam will be on vacation and Commissioners were advised
to contact Doug Pilant, RVTD, with recommendations and changes.
G. Other:
Commission was informed of decision by Traffic Safety Commission to address
the alley located by the Post Office.
IV. COMMENTS: Commission or Spectators
V. INFORMATIONAL ITEMS:
VI. ADJOURNMENT:
There being no further business the meeting adjourned at 1:45 p.m.
R tfully su ��GLt�'
Caraly usenberry
Administrative Secretary
PAGE
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
MARCH 12, 1996
CALL TO ORDER
The meeting was called to order by Vice Chair Steve Armitage. Other Commissioners present were
Carr, Bass, Bingham, Howe, Goer, and Finkle. Absent members were Jarvis and Giordano. Staff
members present were McLaughlin, Molnar, Madding and Yates.
APPROVAL OF MINUTES AND FINDINGS
Howe moved to approve the Minutes of the February 13, 1996 Regular Meeting with a correction at the
bottom of Page 4, under Staff Report. Add the word 'income' before '.....level than what has been
Identified...". The motion was seconded and approved as corrected.
Howe moved to approve the Findings for the February 13, 1996 Regular Meeting. The motion was
seconded and approved.
PUBLIC FORUM
LINDA RICHARDS is frustrated about development in her neighborhood because the density is already
very high. And even though she realizes there Is a development plan for Ashland, if the Planning
Commission is going to look at every development piecemeal in each neighborhood, then it is difficult
for public concerns to be addressed. Bingham instructed Richards that city-wide and long-range
planning Issues are discussed at study sessions. Howe encouraged Richards to have her name put on
a mailing list so she would be notified of the study sessions.
TYPE 11 PUBLIC HEARINGS
PLANNING ACTION 96-008
REQUEST FOR OUTLINE AND FINAL PLAN APPROVAL FOR LOTS 34 THROUGH 37 AND LOTS 56
THROUGH 61 OF THE MOUNTAIN VISTA SUBDIVISION
LOCATED AT THE SOUTHWEST CORNER OF HERSEY STREET AND MOUNTAIN AVENUE
PROPOSAL TO INCLUDE REVISED STREET ALJGNMENT TO ALLOW FOR THE PRESERVATION
OF AN EXISTING OAK TREE
APPLICANT: DONOVAN GIUJLAND
Site Visits or Ex Parte Contacts
Site Visits were made by ail.
STAFF REPORT
At last month's meeting, direction was given to the applicant to look at an alternate road design to go
around the oak tree in the subdivision plan. In the packet, there is a small plan that shows Starflower
Lane separated and going around each side of the tree. There was no other information submitted by
the applicant at the time the Staff Report was written. The recommendations made by Donn Todt, Tree
Commissioner, are reflected in the Conditions of approval Including Conditions 4 and 5.
It wasn't until after writing the recommendations that it was noted from the engineered drawings for the
street that a water line was passing near the root zone (Exhibit S-1). With redesign, the water line could
be located within the ten foot public utility easement and the hydrant can be moved further away either
i
to the south or the north. The dripline has not yet been Identified by the applicant. In the memo to Jim
Olson from Molnar the recommendation to the Planning Commission would be that all Utilities be located
to the far extent of the dripline line If need be, once that dripline is Identified; if the utility needs to be
bored, that avenue would be pursued. If the Commission is in agreement, additional wording will be
needed in Condition 4.
The applicant has also asked for a reduction in affordable units and McLaughlin Indicated this would be
a separate application.
PUBLIC HEARING
DONOVAN GIWLAND, 777 N. E. Seventh, #209, Grants Pass, OR 97206, passed out a plan showing
the parkway strip eliminated as requested by Staff. Gilliland was in agreement that the waterline not
encroach Into the ddpline. He is willing to backfill over the tree roots and take other precautions that the
Engineering Dept. recommends. Gilliland mentioned the lot layout and the elimination of lots one, two
and three. McLaughlin said this Information was not received in a timely manner, Staff has not had time
to review it, and it has not been noticed to the neighbors, therefore the new proposal will not be heard
tonight.
Howe asked Gilliland what his reaction was by Staffs request to expand on the west side of the street.
Gilliland is in agreement and said that has been done by eliminating the parkrow strip.
McLaughlin said If the tree in the street dies, the Commission could Impose the condition to replace with
three trees, four inch caliper at breast height. The applicant thought two years would be fair.
COMMISSIONERS DISCUSSION AND MOTION
Molnar's wording for Condition 4 (e) is as follows: That all underground utilities be located outside the
dripline of the oak tree or that the applicant be responsible for boring beneath the dripline a minimum
depth of three feet.
Howe moved to approve Planning Action 96-008 with the Conditions stipulated by Staff including 4(e)
that includes undergrounding Utilities away from the dripline of the tree and a further condition that if the
white oak in the middle of Starfiower Lane should die within the next three years, that the applicant
would assume responsibility for its removal and replace it with two trees. The motion was seconded and
carried with Cloer voting 'no'.
PLANNING ACTION 96-020
REQUEST FOR SITE REVIEW FOR A 26-UNIT CONDOMINIUM COMPLEX
284 HERSEY STREET
APPLICANT: EARL KING/AL TEITELBAUM
I
Site Visits and Ex Pane Contacts
I
� All Commissioners had a site visit.
I
I
ASHLAND PLANNING COMMISSION 2
REGULAR MEETING
MINUTES
MARCH 12, 1996
STAFF REPORT
This property has a lengthy history as outlined in the Staff Report. This Is a brand new application
because all approvals have expired, but the design is the same. By moving unit 14 up to the street, it
has been difficult for the applicant to locate 45 parking spaces. Three of the 45 spaces are in a stacked
configuration which cannot be counted toward the overall parking requirement.
There have been letters submitted by neighbors in the area.
Overall, the criteria can still be met. If the Commission chooses to approve, there are 22 attached
Conditions. As the ordinances have changed over the past few years, Staff has done their best to
Incorporate those changes such as covered bike parking and recycling facilities into the latest
application along with the design from 1988.
Finkle Is concerned with Impacts on neighboring properties. Does Staff believe the height of buildings
and variation in massing have been addressed? Molnar said it was not pursued In the latest Staff Report
because when the application went to the Council In 1993, the changes the Council made were to add
unit 14 up.near the street and increase the setbacks to address citizen's concerns. McLaughlin noted
this is the City s highest density zone. In looking at changes, it is necessary to look at the Intent of the
zone which is to accommodate higher numbers of units on the property. Additional requirements can
be Imposed in terms of setbacks and modifications as long as the opportunity is still there to meet the
Intent of the zone of adequate densities.
Armitage noted this application Is not 'new' in the sense the applicant chose not to build the 20
conditions into this proposal.
PUBLIC HEARING
AL TEITELBUAM, applicant and
DANIEL PARK, architect, have tried to work out the changes in the project to bring it into compliance
with the current.ordinances. They believe they have met the criteria for approval. The building coverage
limitations have been met along with the requirements for off-street parking and bike parking. There are
46 spaces for parking. Special attention has been give to unit 14 to maintain a streetscape for the
project that would be in tune with other dwellings along the street. The requirements have been met for
adequate access, utilities and amenities that need to be provided for a development of this size.
Car wondered if the applicant had given any thought to the recycling facilities? Park said there are two
dumpster locations and that would be the place for recycling. There should be room. McLaughlin said
whatever size Is determined to be appropriate for the amount of dumpster space needed, the applicant
must provide an equal or larger size for recycling.
Bass observed that unit 13 Is right in the middle of the courtyard and it really breaks the courtyard up.
Finkle is concerned about positioning a parking place right In front of unit 14 because it goes against the
concept of creating units to Interact with the street. McLaughlin said this is in violation of the ordinance
to have parking in front of a unit. Finkle suggested adding a condition to delete that parking space.
Cloer expressed his concern about massing. He wondered if Park had thought about the use of color to
create interest. Park has not been specifically involved with the color selection at this time, however, he
ASHLAND PLANNING COMMISSION 3
REGULAR MEETING
MINUTES
MARCH 12,1996
I
thought earth tones would be used. The mass will be broken up by the varying rooflines due to the
change in grade.
Howe wondered what kind of provisions have been made to conned the bike parking with the bike path
to get through the sound attenuating fence. Finkle said there is not currently a bike path. Park said the
j fence is a wood structure and could be modified to Incorporate an opening.
Howe asked If unit 15 will have a porch or patio. Park said unit 15 would have a patio.
Howe went on to say that it looks as though there will not be many windows in some of the units. Parks
said there Is are closets in the upstairs against one outside wall so only two walls will be available for
j windows.
Bass questioned Parks If there was any reason horizontal siding could not be used on the rest of the
building in addition to the front unit. Park said it was a cost factor.
McLaughlin told the applicants to consider prior to rebuttal, the three subcompact parking spaces as
they do not appear to meet the requirements for depth and back-up. In order to make it balance out, it
may require reduction of two units.
j DON KIST, 260 Joy Drive, Talent, OR, gave a history of the project and Indicated his support of the
project.
MEL CANAL, 240 Ohio Street, stated his main opposition Is that the density is too high.
SUE EAGAN, 306 W. Hersey Street, explained she moved to the neighborhood five years ago. Since
she has lived there, Hersey Street, a quiet street, has been paved and widened. Trees have been cut
down on a nearby vacant lot and newly built condominiums have cut off her sunlight. The amount of
infill in this R-3 area has affected the lifestyle of the families that live there. There are no sidewalks, open
space or parks. It Is difficult for her to drive from No. Main onto Hersey. Twenty-six additional units will
bring Increased traffic. She does not believe there is adequate access to and through the development.
She would like to see the development set back a little more. Eagan understood the Parks Department
was Interested at one time In buying this lot for open space. Briscoe School Is the closest open space
but that Involves crossing No. Main Street. Heiman School is the next closest at a mile away.
JOHN DOWD, 300 West Hersey, said with the building of this development, he will be looking at a wall,
not the mountain. He also understood Mickelson requested the Parks Dept. buy this land from
Teitelbaum. Dowd wondered with Increased development where people would get water. Also, there is
no opportunity for condominium dwellers to park on the street
LINDA RICHARDS, 300 W. Hersey Street, has been happy to have this piece of vacant land for her son
to play on. She said there had been a pond on the proposed property (existing natural features of the
land such as wetlands have been Identified—part of site review). She would challenge the Planning
Commission to find open space in their neighborhood If Teitelbaum develops. The Infrastructure is not
set up to get around the neighborhood. How can they get to a bus? There Is no sidewalk and no light.
She would ask for a 20 foot setback to allow for more open space.
ASHLAND PLANNING COMMISSION 4
REGULAR MEETING
MINUTES
MARCH 12,19M
RON ELTERMAN, 296 Orange Street, asked for an Increased setback from 20 to 30 feet.
Staff Response
Carr wondered what impact the loss of the three subcompact parking spaces would have. McLaughlin
responded that there would need to be a reduction of two units.
Finkle was concerned with transportation impacts and the crossing of North Main by both adults and
children. McLaughlin said it was possible to Impose a condition that the applicant sign In favor of a
traffic signal at No. Main and Hersey. McLaughlin added that the open space plan identifies
neighborhood parks and schools function as neighborhood parks.
Finkle and Cloer wondered If a natural feature had been obliterated.
McLaughlin said unless the parking changes can be easily rectified, the application cannot be approved
this evening because a couple units would need to be deleted and additional revisions made.
Rebuttal
TEITELBAUM said if there ever was a pond, in all the years he has owned the property, he has never
seen one. It is true that Mickelson from Parks Dept. contacted and told him the City would like the
property for a park but the City does not have any money.
Park gave the Commission pictures of the site. He mentioned the bike path goes along Hersey street
presently. They will consider using horizontal siding. Park spent time working out the details of the
subcompact parking and unless he misunderstood, he believes the spaces meet the requirements. He
thought the parking space In front of unit 14 met 18.92 (E)6 refers to stalls abutting the street The
space would be screened.
McLaughlin said according the site design standard parking shall not be located between the buildings
and the street. The other spaces are required to be 8 feet by 12 feet with 22 feet of backup.
Howe asked Teitelbaum about his contact with the Parks Dept. Teitelbaum said If the City has no
money to buy the property, there is nothing more to discuss.
McLaughlin told the Commission they can continue to allow the applicant an opportunity to respond to
the Issues and to revise the plan to match up to meet the City's requirements.
Finkle thought the pedestrian circulation needed to be addressed. There Is a gap in the sidewalk
between Hersey and the center of the project where people have to walk across parking spaces which
will probably be filled with cars. The sidewalk appears to be 36 Inches wide which is very narrow and
not appropriate for sidewalk circulation. Molnar said the City usually adheres to a four foot minimum
sidewalk width.
ASHLAND PLANNING COMMISSION 5
REGULAR MEETING
MINUTES
MARCH 12,1996
I '
I
� COMMISSIONERS DISCUSSION AND MOTION
Howe believed the hearing needs to be continued to look at parking. If unit 13 is removed, that would
change the interior circulation. What areas are paved and which are not? If another space has to be
removed to continue the sidewalk, that could put another unit in jeopardy. She would ask that the new
drawing have an open space patio on #15, that there be a pedestrian access of a minimum four feet in
width, continuous from Hersey Street Into the complex. She would like the applicant to explore the use
of horizontal siding all the way around unit 14 since that is the main visual connection with the area.
Bass added that the applicant be required to sign in favor of future traffic Improvements at Hersey and
North Main Streets.
Carr asked that the garbage and recycling receptacles be scaled out in relationship to the parking and
show how much space will they take up.
Bingham said this proposal is tired and he would like to see a new proposal. He strongly advised the
neighbors to take advantage of the extra month they have been give to talk to the Parks Department and
find out about money for parks. McLaughlin said he would talk with Ken Mickelson at the Parks
Department about the issues that have arisen tonight.
Teitelbaum asked for a 30 day extension on his application.
Howe moved to continue Planning Action 96-020 and Carr seconded the motion. All Commissioners
approved.
CARR MOVED TO CONTINUE THE MEETING UNTIL 10:30 P.M. THE MOTION WAS SECONDED
AND ALL APPROVED.
PLANNING ACTION 96016
REQUEST FOR CONDITIONAL USE PERMIT FOR A ONE-UNIT TRAVELLER'S ACCOMMODATION
101 GRESHAM
APPLICANT: KATHY BUFFINGTON
Site Visft and Ex Parte Contact
�I Site visits were made by all.
1 STAFF REPORT
The application is to convert a single family home to a traveller's accommodation for one unit and to be
made a part of the adjacent property s traveller's accommodation. This is an unusual request This Is
the first time anyone has asked to make a guest house out of a residential unit in an R-2 zone. There
have been a few in the C-1 zone. The City has dearly chosen to only allow traveller's accommodations
utilizing larger historic buildings to give some commercial opportunities for restoration or retention.
The City has not allowed guest houses because an opportunity Is lost for a home or rental unit and it
could start to change the character of residential areas. It is commendable that the applicant wants to
rent the house for the winter months but still the renters would be uprooted each year. It would
ASHLAND PLANNING COMMISSION 6
REGULAR MEETING
MINUTES
MARCH 12, 1996
desirable to retain the traveller's accommodation as a historic resource.
A Conditional Use Permit Imparts a tremendous amount of value to a property in allowing a use more
Intense or different than a permitted use in the zone. Staff's concern is that it may open up other
opportunities for this In other areas. The ordinance does allow for the consideration of contiguous
properties as a site. The Commission has the opportunity to balance and weigh the Impacts of different
uses. A balance should be created and therefore Staff,has not recommended approval.
Bass was curious as to why the Historic Commission dented this application completely. He read the
report but did not understand their logic. The building is what it is and it is not going to made any less
than what it is. McLaughlin presumed it was because of neighborhood character and precedent.
Howe asked what would happen If the applicant divided the comer off to make the lot larger, and
McLaughlin answered that it appeared the lot could then accommodate another unit.
Bingham asked for clarification of'precedent setting'. McLaughlin said If it was approved it would be
legal but the concern Is that similar applications have not been approved and If it is approved, it will
appear the City finds this type of application desirable and therefore would be likely to approve others of
a similar nature.
PUBLIC HEARING
KATHY BUFFINGTON, 91 Gresham, asserted that In the traveller's accommodation requirements it states
that contiguous lots under the same ownership may be combined to increase lot area and number of
units not in excess of nine. Buffington explained why she purchased the property and how she has tried
to follow all the criteria. She plans to restore and upgrade the house and rent it from September
through May for$680 per month. There are not many properties 20 years and older with contiguous
properties that might be purchased. By allowing her this use, she will not be forced to create a new unit
on the back lot or tear the house down and building a duplex. The existing house ffts the neighborhood
and keeps an affordable rental on the market.
If this application is a great concern, then the language in the traveller's accommodation document
should be changed through another process. She does not want to be the person who sets the
precedent by being turned down.
Buffington reported the house was built as a guest house to the property she owns now. She will be
adding a porch, painting the exterior and extending the path to connect the main house to the other
path.
Cloer wondered how Buffington would feel about using the house as her residence. Buffington replied
that she and her children have Just the right amount of room in the larger house. It seemed Ironic to her
she would have to move next door to meet the rules proposed by Staff.
Staff Response
Finkle thought Buffington's point was well taken and there must be a weakness in the ordinance.
McLaughlin said that could be explored.
ASHLAND PLANNING COMMISSION 7
REGULAR MEETING
MINUTES
MARCH 12, 19M
I
CARR MOVED TO EXTEND THE MEETING UNTIL 11:00 P.M., THE MOTION WAS SECONDED AND
ALL APPROVED.
Rebuttal
Bufflngton said this house is a part of the traveller's accommodation next door and guests will be
coming next door to have breakfast. She asked the Planning office about combining lots and was
dissuaded from taking that course.
COMMISSIONERS DISCUSSION AND MOTION
Howe believes this application meets the requirements and the advantages of having an apartment on
one side and a restored Victorian on the other with the potential for upgrading the house is far better
than a duplex off the alley that would be unsupervised. This proposal is compatible with the existing use
and an upgrade of the house. It does not seem to be a detriment to any other property along with
preserving the back yard as an open space thus preserving the neighbor's viewshed above while
allowing for an open, friendly area.
Finkle shares some of Staffs concerns but believes this will have a minimal impact. He cannot see
anything strong enough to deny. Cloer agreed. Carr does not agree that this will be the loss of an
affordable rental unit. She cannot find a reason to deny. Bass does not see this as precedent setting
and would need to see if this went any further. This application does not seem comparable to the ICCA
project (2nd Street) and should not have a detrimental effect on Gresham. Bingham shares Staffs
concerns about precedent setting.
Armitage has trouble with the converting of residential neighborhoods to traveller's accommodations.
Cloer is influenced by what seems to be an obvious unity of the guest cottage and neighboring building.
It looks like someone built a guest house on their property. He believes it can be rented in the off-
season.
I
I Armitage reminded the Commission they are looking at a Conditional Use Permit with specific criteria.
Carr moved to approve PA96-016 with the attached conditions. Howe seconded the motion. The
motion carried with Armitage casting a 'no'vote.
PLANNING ACTION 96-033
REOUEST FOR FINAL PLAN APPROVAL OF A TEN-LOT, TEN-UNIT MUTLI-FAMILY DEVELOPMENT
LOCATED ON THE SOUTHEAST CORNER OF SISKIYOU BOULEVARD & MARY JANE AVENUE
APPLICANT: RICHARD BOULTON
Site Visits and Ex Pane Contacts
I
All Commissioners had site visits. Bass stepped down and left the meeting because he is a neighbor
and testified at the last meeting.
ASHLAND PLANNING COMMISSION 6
REGULAR MEETING
MINUTES
MARCH 12,1996
STAFF REPORT
Madding reported that this would ordinarily have been a Type I review. However, one of the criteria for
Final Plan is that building elevations and exterior material are in conformance with the purpose and the
Intent of this title and the approved Outline Plan. It was Staffs feeling that the elevations had changed
to a degree that they questioned whether they were conforming to Outline Plan. The applicant has
addressed Commissioner's concerns regarding pavers on the parking space behind unit 4. Grass
pavers have been added to four out of the five parking spaces. The bike parking has been added.
Madding showed elevations for both Outline and Final Plan. The footprints of the building are the same.
Mainly the elevations have changed along with the roof pitches, the siding, porch coverings, and
windows. The porches have been eliminated and a pergola Is being used. The units facing Mary Jane
have changed in a similar manner as those facing Siskiyou. Staff felt the appearance was a little more
'boxy' with the massing broken up less. Staff recommends approval of one of the plans with eleven
Conditions.
McLaughlin explained that the plans approved at Outline Plan was a specific design. The changes made
by the applicant were substantial enough that the Planning Staff could not approve at their level. It did
not comply with the ordinance. This is a
different style of architecture that was approved.
Madding entered the letter from Ron and Tracy Bass Into the record.
PUBLIC HEARING
RICHARD BOULTON, Portland, OR
STEVE ASHER, Ashland
Boulton disagreed with Staff and felt the changes he made were normal changes that would go from an
Outline Plan to a finished plan when one takes Into consideration some of the realities of the project.
The footprint is the same. He has met the 15 conditions required at Outline Plan.
Howe said she was concerned about the switching of porches to pergolas. The porch seems to be a
true amenity as an exterior space. The pergola would (rarely keep the rain off. Bouton said units 5 and
6 are the isolated units on the back of the project The porches are actually on the Interior of the project
on the private drive. They are not facing the street. All the other units have patios that face Into the
Interior courtyard. The pergolas are meant to match the patios on the Interior. Unit 5 and 6 have a
covered porch area on the back part of the house (a covered patio). Boulton said the size of the
porches on the other units vary.
Finkle wondered how Boulton is handling the retention of the trees along Bass's property. Boulton said
he has employed an arborist as Instructed and he has put together a pruning plan that will be presented
when they apply for a building permit.
Cloer asked about the seasonal stream running through the property. Bouton said what has been
agreed upon by everyone is that seasonal water (TID runoff) will be picked up at the comer piped as
storm drainage through the property.
Carr Inquired as to why Boulton paid someone else to refine his already approved plans. Asher
mentioned some features he could incorporate that would keep the construction costs at a reasonable
ASHLAND PLANNING COMMISSION 8
REGULAR MEETING
MINUTES
MARCH 12, 1996
I
price. It would have been more expensive to build the design Bouillon presented at Outline Plan. The
property will be extensively landscaped and he plans to spend about $30,000 for landscaping.
I
Carr noted the Staff said the siding is different. Boulton said it is still four inch lap. Asher said the units
are staggered all the way across. The gable ends are a shake siding. The roofs at Outline Plan would
have been very expensive to build. From an architectural standpoint they might look more appealing,
but they do not work. They decided it would be better to reduce the pitch of the roofs and put money
back Into landscaping. The window treatment on the stairwell has been increased.
COMMISSIONERS DISCUSSION AND MOTION
Carr wished to continue the hearing. Howe moved to approve PA96-033 with the attached 11
Conditions. Cloer seconded the motion and it carried with Carr voting 'no'.
OTHER
I
I
Study Session
I
The Study Session will be held March 26, 1996 to discuss the No. Mountain Neighborhood Plan.
ADJOURNMENT
The meeting was adjourned at 11:10 p.m.
I
I
i
i
ASHLAND PLANNING COMMISSION 10
REGULAR MEETING
MINUTES
MARCH 12, 1996
i
ASHLAND PLANNING COMMISSION
HEARINGS BOARD
MINUTES
MARCH 12, 1996
CALL TO ORDER
The meeting was called to order at 1:40 p.m. by Jenlfer Carr. Other Commissioners present were
Bingham and Bass. Staff present were Molnar, Knox, Madding and Yates.
APPROVAL OF MINUTES AND FINDINGS
The Findings from the February 13, 1996 meeting were approved.
TYPE it PLANNING ACTIONS
PLANNING ACTION 96.032
REQUEST FOR A MINOR LAND PARTITION TO DIVIDE A PARCEL INTO TWO LOTS
VARIANCE REQUESTED TO ALLOW FOR A ZERO SIDEYARD SETBACK FOR THE EXISTING
HOUSE IN ORDER TO ALLOW FOR THE REQUIRED 15 FOOT FLAG DRIVE
1159 TOLMAN CREEK ROAD
APPLICANT: PETER JENSEN
Site Visits and Ex Parte Contacts
All Commissioners had a site visit.
STAFF REPORT
The proposed lot is oversized at 22,044 square feel There is an existing house and garage with an
accessory unit above it which is set back approximately 170 feet from the street. The applicant wishes
to create two parcels. There is an existing paved driveway to the garage that is about 12 feet wide and
the applicant is proposing three feet along the south edge of the property be used for plantings to buffer
the drive. The Variance is necessary because the existing driveway goes right next to the existing
residence. Paving 12 feet would leave a zero setback for the house. The project Impact is difficult to
weigh. It is an existing situation. There is an accessory unit there. If they partitioned it would allow the
owners to build a larger house. The applicant states in his findings that the setback requirements are
aesthetic in nature. Typically, the reason for the setback requirement for a flag drive are for noise,
safety, etc. The applicant states the Variance is needed for the preservation of property rights. A key
Issues revolves around Criteria 3—That the proposal's benefits will be greater than any negative Impacts
on the development of the adjacent uses. The City's goal is to maintain a compact urban form through
infill. Staff is taking a neutral stance.
The accessory residential unit came Into question and Molnar said in order for the applicant to have a
legal separate unit with kitchen facilities, he would be required to go through a Conditional Use Permit
application.
PUBLIC HEARING
PETER JENSEN, said no one was Irving in the accessory unit and it does have a kitchen. Jensen said
the property meets all the criteria of approval except for the driveway width. He calls it a 'setback
bottleneck'. This is addressed fully in his findings. He is requesting a property line adjustment with no
changes made to that area. Vehicular traffic exists and regardless of the action taken by the
Commission, that condition will continue to exist. The Fire Department said there is adequate access to
the rear lot. Jensen believes he has addressed all four criteria for a Variance without even needing one
for infill purposes. He stated his property is within a public transportation corridor. He does not see any
negative impacts of this proposal. Jensen said the neighboring property owner had not objections.
COMMISSIONERS DISCUSSION AND MOTION
Bass said that If the partition and variance are granted, the applicant could build a bigger house with
more cars and more noise. However, there are certain aspects of the application that the enhance the
property.
Carr is concerned at how the driveway skims the house. After going through the criteria there are many
things she does not like, but cannot bend them enough to deny it.
Bingham said there is no other way to get the developable space than to vote for ft, but he does not
agree that there will be no Impact. Bingham moved to approve PA96-032 with the three attached
conditions. Bass seconded the motion and ft carried unanimously.
PLANNING ACTION 96-035
REQUEST FOR SITE REVIEW FOR THE CONVERSION OF A RESIDENCE TO A RESTAURANT
VARIANCE TO ALLOW FOR A DRIVEWAY WIDTH OF 16 FEET RATHER THAN 20 FEET REQUIRED
BY ORDINANCE
1149 SISKIYOU BOULEVARD
Site Visits and Ex Parte Contacts
STAFF REPORT
The applicant is requesting that the existing house be converted to a 40 seat restaurant. The applicant
Is proposing to add 448 square feet to the house in addition to a 500 square foot deck. The Staff Report
outlines the site description and landscaping proposal. Ten parking spaces are proposed In the rear.
The applicant is requesting a Variance for the driveway width of 16 feet. Staff believes there are unusual
conditions existing. This property has been zoned C-1 for a number of years. The lot Is oversized and
they cannot do a lot line adjustment with the neighbors. The Oregon Department of Transportation has
given their approval for the Variance. The applicant is proposing pavement graphics indicating two
lanes. Another Issue is how to handle handicap access to the restaurant and the applicant is proposing
i a lift to the deck. Staff is recommending approval of the application.
Bass asked If there was sufficient room in the parking lot to back up. Knox said the Fire Department
said ft is enough with the driveway space.
PUBLIC HEARING
PATRICIA GROTH, said she operated the McCully Restaurant In Jacksonville. She wanted to have a
small lunch and breakfast restaurant. It Is ideal for her situation because of the proximity to the college
and hotels. She spoke with Mike Broomfield regarding the lift and that seemed to be the most logical
way to accommodate handicap accessibility.
MIKE DONNELLY, 407 Harrison Street, spoke on behalf of the applicant. He felt she brought many
ASHLAND PLANNING COMMISSION - 2
HEARINGS BOARD
MINUTES
MARCH 12, 1996
qualities to Jacksonville and could do that in Ashland too.
JOANNE JOHNS, 650 Spring Creek Drive, expressed her support for the application. She believes the
criteria for Site Review and variance have been met. Jeff Weatherall commented favorably.
VITO NICO, 660 B Street, said it will be extremely dangerous to pull in the drive and come out of that
drive. One cannot pull Into the driveway with a regular size car and the make the turnaround to come
out. He sees this as a safety problem. Bingham Interjected that he put a 1964 station wagon in the
drive today. Nico said you cannot predict that someone will be leaving while someone else In entering;
what happens when the two meet? Those pulling in will be stopping on Siskiyou while wafting for
someone else to pull out Knox said he checked with ODOT and they did not have a problem.
HEATHER NICO 660 B Street, said her concerns were similar to Vfto's. She thought the side streets
were congested because of parking spaces going to the college and that Is who should use them. The
restaurant could place more of a demand on the street parking spaces.
ANDY PATEL, 1145 Siskiyou, owns the motel next door. He said during the last five years the house
has been rented and he has people parking in his driveway. His personal residence is against the wall
where people drive in. He is Impacted now with Subway Sandwich and the college students parking in
his motel lot. He would like more soundproofing.
ALAN DEBOER, 2260 Morada Lane, said the traffic circulation Is not acceptable. Does ODOT know
what they looked at? What happens with one car coming in and one going out? The driveway has a
reverse angle. How can one stay in the lane and make a right turn Into traffic? He believes this will
create a real safety Issue that should not be allowed.
RANDY WARREN, said he has Ford truck and he cannot pull out of the driveway without Impeding
both lanes of traffic. It will be an impediment to pedestrians and bikes. He did not agree that a fire
truck could get in or out and that ODOT should do a traffic study on how to enter and exit the parking
area.
GARY BROCK 383 Avery Street, has concerns with safety and traffic. Also, the access to his basement
faces the property. He has not seen any plan for how the drainage would be taken care of. The runoff
should be tied to the city storm sewer system. Even If a drywell abuts his property, he will still have
water In his basement.
Knox said the drainage has been addressed and the applicant is looking at building a drywell. A
sample rendering from the engineer telling how to solve drainage problem is in the packet. It will have
to be engineered and show that it will work.
Carr suggested adding a Condition that would address the drainage problem. Knox worded Condition
7: That prior to Issuance of a building permit, the applicant submit engineered plans that eliminate any
site drainage problems.
Rebuttal
PATRICIA GROTH said she Is trying to create a bike rack in front of the restaurant and is the hoping this
location will appeal to pedestrians. The top of the driveway is about 18 feet She could make the
ASHLAND PLANNING COMMISSION 3
HEARINGS BOARD
MINUTES
MARCH 12, 1996
i
driveway even slightly wider. She will have lines and an arrow Indicating where cars should be directed.
With two cars passing, there is two feet of clearance between cars. She is creating a situation that Is
not ideal but she is trying to take care of each item. Her operating hours will be from 7:00 a.m. until
j 4:00 p.m. with no one on the premises at night so there should not be any night time noise. Groth
showed pictures of two cars and the visibility. Groth also noted that property has been dry this spring.
Carr wished to add a Condition concerning a water/oil separator in the parking lot.
COMMISSIONERS DISCUSSION AND MOTION
Bass wondered If between Knox s discussion with ODOT and the applicant's, were they made aware of
the actual situation. Knox said there were and the they suggested the road approach should be 24 feet
wide which the applicant can comply with.
Bingham found the concerns expressed were disturbing, especially the reverse angle to the driveway.
When headed nose out, there Is no way to get out without crossing Into the other lane. Also, there is
bike traffic on Siskiyou. Cars passing in the driveway will have to do it gingerly.
Can said she is not concerned with the angle of the driveway. She has made the turn many times from
Safeway and the Stratford Inn and she sees nothing earthshaking about them.
I
Knox said Staff weighed the Issues but feel this will be an upgrade to the site.
Bass would generally defer to the experts. If ODOT does not have a problem, he does not have a
problem in terms of negative effects. He would tend to agree with the applicant that there will be a high
volume of pedestrians patronizing the restaurant.
Molnar commented that the City's Engineer looked at the site and he had little comment.
Bass moved to approve PA96-035 with Can seconding the motion. Bingham believed the angle of the
driveway and the width of the driveway is a concern. The motion carried with Bingham voting 'no'.
PLANNING ACTION 98-039
REQUEST FOR APPROVAL OF EXTERIOR CHANGES TO A PREVIOUSLY APPROVED BUILDING
REQUEST ALSO INVOLVES A CHANGE IN OCCUPANCY TO ALLOW FOR A RESTAURANT
USE/EATING ESTABLISHMENT
485 A STREET
APPLICANT: STEVE HOXMEIER
i Site Visits and Ex Parte Contacts
i
I
She visits were made by all.
I
STAFF REPORT
Molnar reported there was an initial site review granted in 1994 for the structure. The action today was
noticed as a request to review some exterior changes that occurred to the building which the applicant
did not get approval for and differ from the original plans. Also as part of the notice was to allow for a
ASHLAND PLANNING COMMISSION 4
HEARINGS BOARD
MINUTES
' MARCH 12,19%
I
restaurant. It Is noted in the Staff Report that 20 days prior this meeting the Planning Department did
not have sufficient Information on the Site Review portion of the application to change to a restaurant
use. Staff recommended dropping this from the request or denying the restaurant.
Major changes which have occurred to the building. It was brought to the attention of Staff that what
was approved by the Historic Commission and Planning Commission did not match what has been built.
A "Stop Work Order^ has been placed on the project. The only way to remedy this is to change the
building back to what was approved or seek modification of those changes.
Exhibits Pt (approved building design) and P2 (what has been constructed) compare the changes that
have occurred. Staff's main concern Is the change of windows and the loss of the porch area. Staff has
the Historic Commission's recommendation of denial of the application with the exception of the
continuous gable on the roof and the notches that are not in the current truss design.
Bingham wondered how the building was built so far without anyone noting the changes. Molnar
explained that the building Inspectors may look for certain details that do not include design. Also, there
were a series of Inspections that were never called for by the builder. It seemed there was construction
activity that continued after the expiration of the permit.
PUBLIC HEARING
STEVE HOXMEIER, 435 B Street, said he should have realized the changes required approval. He made
some spur of the moment decisions. His letter explains some of his changes. The view afforded by the
windows he chose was much better than looking at the recommended windows from the outside. His
friends and family approved the windows he chose. As far as not calling for inspections, Hoxmeler had
a little more siding to go and was going to call the City. He had the foundation inspected and with the
exception of the nailing on the roof, there is nothing else hidden.
Bingham asked Hoxmeler why he deleted the porch. Hoxmeler said he may want to put it on yet. His
wife suggested putting the deck on the "A" Street side which would lessen the need for it on the Fourth
St. side. Bingham explained to Hoxmeler that the process is such that plans are presented and
approved by the Commission and the Building Department. The Historic Commission has to have plans
to look at and make a judgment. Once the judgment is made, it is not acceptable to make a change.
The Planning Commission, a public body which is given responsibility over how the development is to
look, cannot simply change because someone had a different Idea.
Carr totally agreed with Bingham and having heard the original application two years ago, remembers
very well the concerns of fellow Commissioners at that time. He was granted specific approval. He has
not made any attempt to show his changes to the Planning Department. All the Commissioners at the
original application had deep concerns but gave him approval anyway.
CYNTHIA WHITE
PETER BRUNNER, 242 VanNess, own two commercial lots on the northeast comer of Fourth and "A".
They are not speaking in opposition but are looking to the Planning Commission for guidance. They
have been involved with the Railroad Subdivision from the beginning, acting as agents for Southern
Pacific. They attended several meetings with the Historic Commission, neighbors, etc. and the direction
they took at that time was that the development of their corner would be scrutinized very carefully,
because that would be the key to the commercial area in the Railroad District. They were also given the
ASHLAND PLANNING COMMISSION 5
HEARINGS BOARD
MINUTES
MARCH 12, 19%
i
impression that anything they proposed there would have to some extent mirror what was happening at
that intersection; in other words, they understood they would build very dose to the sidewalk. Because
he has understood from his conversations with Staff that they would be able to do angle parking on
Fourth Street. He is confused by the recommendation on Hoxmeler's applications that sidewalks are
needed along A and Fourth. Molnar responded that this application should not preclude angled parking.
However, the overall cross section of the street has not yet been decided.
Brunner supported Condition 3 (dropping the restaurant). Molnar said the applicant agreed to drop this
from his application.
Rebuttal
Hoxmeler agreed verbally to withdraw the Inclusion of a restaurant from his application. He plans to
install the sidewalks and landscaping as necessary.
Bass explained to Hoxmeler that the Historic Commission is concerned about the outside appearance of
the building, not how it looks from the inside out. Bass Is not that concerned with the view and would
recommend tearing the roof down and building the porch as approved and changing the windows to the
original design.
Bingham considered giving Hoxmeler an opportunity to come back to the Commission and show what
i he is going to do—to bring in an application in cement.
Carr said if they deny it, Hoxmeler still has the right to build it as previously approved and the roof could
i be the exception.
Molnar said the Commissioners could approve the request for modification but limit it only to the roof
modifications and all other modifications go back to the original approval.
j Cart reopened the Public Hearing.
Bingham offered the option to Hoxmeler of going ahead with his original application Including the porch
and windows, allowing him to leave the roof as it is now built or to hammer out a compromise with the
help of the Historic Commission and Staff to bring something back that is In-between.
I
Staff said the Historic Commission minutes reflect the mood of the Historic Commission on this
application.
i
Bass wanted to approve the request for modification but only for the roof change. The applicant can
then choose to either build it as it has been proposed previously or come to the Commission again
through the Historic Commission with something different.
The Commissioners decided to continue the hearing, giving Hoxmeler an opportunity to meet with the
Historic Commission and review his plan. Hoxmeler agreed.
Bingham moved to continue PA96-039 in order to allow more time for the applicant to offer a
compromise application. Bass seconded the motion and all approved.
I
ASHLAND PLANNING COMMISSION 6
j HEARINGS BOARD
MINUTES
MARCH 12,1996
TYPE I PLANNING ACTIONS
PLANNING ACTION 96-034
REQUEST FOR A CONDITIONAL USE PERMIT FOR AN ACCESSORY RESIDENTIAL UNIT
(LOCATED WITHIN THE EXISTING ACCESSORY BUILDING)
19 HILLCREST.
APPLICANT: DAVID ALLMAN
This action was approved.
PLANNING ACTION 96-036
REQUEST FOR A SITE REVIEW FOR A RESTAURANT ADDITION TO THE EXISTING BUSINESS
265 FOURTH STREET
A VARIANCE IS BEING REQUESTED FOR A REDUCTION OF TWO PARKING SPACES.
APPLICANT: CHRISSY BARNETT/JEAN KOWACKI
This action was approved.
ADJOURNMENT
The meeting was adjourned at 4:00 p.m.
ASHLAND PLANNING COMMISSION 7
HEARINGS BOARD
MINUTES
MARCH 12, 1996
ASHLAND PLANNING COMMISSION
HEARINGS BOARD
MINUTES
FEBRUARY 13, 1996
CALL TO ORDER
The meeting was called to order by Jenifer Can. Also present were Barbara Jarvis and Ron Bass. Staff
present were Knox, Madding and Yates.
APPROVAL OF MINUTES AND FINDINGS
The Minutes and Findings of the January 9, 1996 Hearings Board were approved.
TYPE II PUBLIC HEARINGS
PLANNING ACTION 95-111
REQUEST FOR A MINOR LAND PARTITION TO DIVIDE A PARCEL INTO TWO LOTS WITH THE
REAR PARCEL BEING A FLAG LOT
242 W. HERSEY STREET
APPLICANT: ARNOLD AND MARY LOU GROSS
Site Visits and Ex Parte Contacts
Site visits were made by all.
STAFF REPORT
There was an opportunity to share the driveway access with the adjacent property owner. Staff is
hoping that when the applicant goes through the site review process, the driveways can be
consolidated. With the exception of the driveways, the requirements have been met.
Fix Condition 4 to length of the flag rather than width.
PUBLIC HEARING
ARNOLD GROSS had been told the driveway could go on the other side. Jarvis said it looks like the
property to the east is owned by Arnold's ex-wife. Is that developed as much as It will be developed?
Gross thought she had sold off troth lots and he did not think there would be any driveways.
COMMISSIONERS DISCUSSION AND MOTION
Jarvis moved to approve, Bass seconded the motion and it carried unanimously.
PLANNING ACTION 95-129
REQUEST FOR A CONDITIONAL USE PERMIT FOR AN ACCESSORY RESIDENTIAL UNIT TO BE
LOCATED WITH THE EXISTING RESIDENCE
NO EXTERIOR CHANGES ARE PROPOSED TO THE EXISTING RESIDENCE
442 HOLLY STREET
APPLICANT: HOLLIS GREENWOOD AND MARY PAT POWER
Site Visits and Ex Parte Contacts
Site visits were made by all.
STAFF REPORT
The applicant is requesting a CUP to make an already existing unit legal. The City feels the Impacts of
this unit are minimal. The application meets the criteria aril Staff is recommending approval. Some
letters have been received from the neighbors objecting to this accessory residential unit. This unit has
been used as an apartment since approximately 1992 and the City has received no complaints.
PUBLIC HEARING
HOWS GREENWOOD, 35 Los Palmos Drive, San Francisco, CA 94127, said they plan to rent o t.the
property.
upstairs unit and reserve the other unit for themselves when they come up to take care of the
The decided they wanted to make this unit legal.
A letter was submitted by Robert Paul and signed by other neighbors.
ROBERT PAUL, 386 Guthrie Street, believes that Ashland is deviating from Its zoning ordinance. He
thought he was buying in a residential area and this does not appear to meet Webstees definition of
'residence'. This unit will put added stress on street and curbs. He objects to this application.
Jarvis explained to Paul this use Is allowed under the City's Land Use Ordinance as a Conditional Use
Permit. The Affordable Housing Committee encouraged these types of applications. Is there anything
Paul can site where the application does not meet the criteria?
DON LEWIS, 410 Guthrie, said this is one more family to generate more traffic.
royal This s down not seem le Tamil fair
to property owners. They are asking the Commission to reverse the app P 9 y
LARRY KELLOGG, 415 Merrill Circle, seconded Paul and Lewis' comments. He thought it would be
good to reconsider the ordinance.
ELLEN SCANNELL, Guthrie, believes R is dangerous to change zoning laws in an al.ready established
neighborhood.
GREENWOOD,�ieee appreciated d supportive of the City's policy t gopposition,hrough this process. She believesitheto harm
application satisfies the criteria.
COMMISSIONERS DISCUSSION AND MOTION
Bass explained this is not a mutt)-famiy zone with an exception allowed for small accessory units.
Anyone who purchases one of the vacant lots could build a primary residence with an accessory uniL
There is a difference between this and mufti-family. The Council, through extensive hearings, decided to
Implement this ordinance. This type of housing is a little different than other communities because
Ashland has seen a need for this type of housing. The Planning Commission cannot change the law.
Their job is to make sure applications meet criteria.
I
i
ASHLAND PLANNING COMMISSION
HEARINGS BOARD
MINUTES
FEBRUARY 13,1996
CARR RE-OPENED PUBLIC HEARING
Carr explained that the applicants have come forward to legitimize an existing uniL There Is no attempt
on the part of the Planning Commission to change any rules or dose anyone ouL Those participating in
a hearing have been asked to address the criteria.
Madding gave the definition of a residence from the Land Use Ordinance. Does this application exceed
the Impacts of the single family residential zone?
COMMISSIONERS DISCUSSION AND MOTION
Carr moved to approve PA95-129 with the attached conditions as it meets the criteria for a Conditional
Use Permit. Jarvis seconded the motion and it was approved unanimously.
PLANNING ACTION 96-023
882 B STREET
ANNETTE PUGH
This action has been postponed.
TYPE 1 PLANNING ACTIONS
PLANNING ACTION 96-003
REQUEST FOR A CONDITIONAL USE PERMIT TO RE-CONSTRUCT AND EXPAND A NON-
CONFORMING BUILDING (SUBTERRANEAN GARAGE)
212 VISTA STREET
APPLICANT: MARK REITINGER
This application was approved.
PLANNING ACTION 96-019
REQUEST FOR FINAL PLAN APPROVAL OF AN 18-LOT SUBDIVISION UNDER THE
PERFORMANCE STANDARDS OPTION FOR THE PROPERTY
925 BELLVIEW STREET
APPLICANT: HARLAN DEGROODT
This application was approved.
PLANNING ACTION 96-020
REQUEST FOR A SITE REVIEW FOR A 26-UNIT CONDOMINIUM COMPLEX 284 HERSEY STREET
APPLICANT: EARL KING/AL TEITELBAUM
This application was called up for a public hearing.
ASHLAND PLANNING COMMISSION 3
HEARINGS BOARD
MINUTES
FEBRUARY 13,1996
t •
i
PLANNING ACTION 96-022
REQUEST FOR A SITE REVIEW TO CONVERT A RESIDENCE TO THREE APARTMENT UNITS
634 IOWA STREET
i
APPLICANT: JONATHAN LANDES
This action was approved.
PLANNING ACTION 96-024
REQUEST FOR A CONDITIONAL USE PERMIT TO TRANSFER THE OWNERSHIP OF A
TRAVELLER'S ACCOMMODATION
295 IDAHO STREET
APPLICANT: DONALD POLITIS AND DEANA LYNN
This action was approved.
PLANNING ACTION 95-133
REQUEST FOR A CONDITIONAL USE PERMIT FOR A ONE UNIT VACATION RENTAL (HOTEL)
391 AVERY STREET.
APPLICANT: RANDY WARREN
This action was approved.
ADJOURNMENT
I
The meeting was adjourned at 2:45 p.m.
I
i
I
I
I
I
ASHLAND PLANNING COMMISSION - 4
HEARINGS BOARD
MINUTES
FEBRUARY 13, 1996
I
i
Monthly Building Activity Report: 02/96 Page 1
# Units Value
SINGLE/MULTI-FAMILY & TOURIST ACCOMODATIONS:
Building:
ADD NEW WINDOW 1 950
ADDENDUM TO PLANS 1 0
ADDITION 1 23 ,000
BACKFLOW DEVICE 1 4,000
CONV GARAGE TO LIVING SPC 1 800
DRY WALL FOR FIRE REPAIR 1 '4,500
FENCE 1 1, 500
PORCH ADDITION 1 6,000
REMODEL 3 52, 000
REPLACE FOUNDATION 1 4, 000
REROOF 1 7,900
RETAINING WALL . 1 25, 000
SFR 5 604, 165
STUDIO ADDITION 1 18, 105
Subtotal: $ 751, 920
Electrical:
2 BRANCH CIRCUITS 1 400
2 SERVICES + 10 BR CIR 1 4, 000
ADD 1 BR CIR FOR WTR HTR 1 125
ALARM SYSTEM 1 873
CHG SERVICE TO UNDERGRND 1 500
RECONNECT SERVICE 1 695
REPLACE 2 BRANCH CIRCUITS 1 400
REPLACE 5 BRANCH CIRCUITS 1 600
SECURITY SYSTEM 1 3,700
SERVICE CHANGE 1 1,350
Subtotal: $ 12, 643
Mechanical:
GAS LINE/FURNACE/2 BR CIR 1 3, 250
GAS LINE/GAS FURNACE 1 2, 141
GAS LINE/GAS LOG 2 750
Subtotal: $ 6, 141
Plumbing:
IRRIGATION SYSTEM 2 1,400
Monthly Building Activity Report: 02/96 Page 2
# Units Value
SINGLE/MULTI-FAMILY & TOURIST ACCOMODATIONS:
Plumbing:
REPLACE ELECT WTR HEATER 1 200
REPLACE GAS WATER HEATER 1 250
REPLACE SEWER LINE 1 250
REPLACE TUB 1 1, 500
REPR/REPL/RELOC/ADD FXTRS 1 2,500
SEWER LINE 2 1,050
WATERLINE/GAS LINE 4 1, 200
Subtotal: $ 8, 350
***Total: $ 779, 054
COMMERCIAL:
Building:
ADDITION 1 225, 000
COMM/RESIDENTAL BUILDING 1 450, 000
ELECTRICAL RENOVATION 1 0
HANGAR PARTITION WALL 1 1,200
INTERIOR REMODEL 1 10, 000
NEW WAREHOUSE 1 ' 146,984
Subtotal: $ 833, 184
Electrical:
ADD 3 BRANCH CIRCUITS 1 618
ADD 8 BRANCH CIRCUITS 1 1, 000
ALARM SYSTEM 1 808
LIGHTING RETROFIT/1 BR CR 1 1,822
ONE BRANCH CIRCUIT 1 275
TEMPORARY POWER 1 137
Subtotal: $ 4,660
Mechanical:
GAS LINE/FURNACE NEED ELE 1 5, 237
Subtotal: $ 5, 237
Plumbing:
GAS WTR HTR/FURNACE 1 1, 250
Monthly Building Activity Report: 02/96 Page 3
# Units Value
COMMERCIAL:
Plumbing:
IRRIGATION SYSTEM 1 1,500
SEWER LINE 1 250
Subtotal: $ 3, 000
***Total: $ 846,081
Total this month: 63 $ 1, 625, 135
Total this month last year: 72 $ 2, 601, 695
Total year to date: 642 $16,455,443
Total last. year: 652 $15, 103,239
This month This month This year
last year
Total Fees: 20,707 27,086 175, 020
Total Inspections: 446 525 3891
• NEW CONSTRUCTION: 2/96
RESIDENTIAL
PAGE NO. 1
04/04/96
ADDRESS #UNITS CONTRACTOR VALUATION
** SFR
765 CREEK STONE WA MEDINGER CONST. CO. INC. 106000.00
955 B ST COX, FRED--CONSTRUCTION 93588.00
295 RANDY ST EAGLE CONSTRUCTION 106472.00
799 CAPELLA CR GENTRY, HAROLD T. 174624.00
638 PRIM ST TURRELL, JON CONSTRUCTION 123481.00
** Subtotal **
604165. 00
*** Total ***
604165.00
NEW CONSTRUCTION: 2/96
COMMERCIAL
PAGE NO. 1
04/04/96
ADDRESS #UNITS CONTRACTOR VALUATION
** COMM/RESIDENTAL BUILDING
320 EAST MAIN ST GOLDEN/FIELDS 450000.00
CONSTRUCTION
** Subtotal **
450000.00
** NEW WAREHOUSE
2565 SISKIYOU BV ADROIT CONST. CO. 146984.00
** Subtotal **
146984.00
*** Total ***
596984. 00
c'ty of Department of
Community Development
"" a shland Building Division
Conservation Division
Planning Division
... . ......... . ..... .......-
Manthly Report
............
........
. . ........
April,
..............-
LONG RANGE PLANNING PROJECTS Planning Staff met with the,North Mountain
Planning Division committee to review the consultant's submit-
tals, and to ensure that we are still heading in
the appropriate direction. We have scheduled
a presentation of the charrette results and our
future plans for the area for a study session with
The final draft of the document was reviewed the Planning Commission (and Council mem-
by TPAC on April 5, 1996, and the final prepa- bers if they wish to attend) for April 23, 1996.
ration steps are now being taken to compile
the final document. We are preparing the nec-
essary graphics,editing the document for gram-
mar, and finalizing the document layout The ... ...........
review document in its near final form will be
........... ....
vv
available in May. The public adoption pro- ......... ..... . ........ ........-...... . ........
cess is scheduled to begin in June, with an es- Staff prepared a draft plan for the Strawberry/
timated completion in August, 1996. Westwood neighborhood based upon past ef-
forts of the committee, and on recommenda-
HISTORIC ORDINANCE tions of the staff. That plan was initially re-
Staff is still awaiting final determination from viewed at a committee meeting on April 1,
LCDC on modifications to the administrative 1996. The meeting was facilitated by Ruth
rules regarding Goal 5, and how they will af- Miller, and a good discussion ensued. Addi-
fect our local historic process. A hearing was tional information and clarification was re-
held by DLCD regarding Goal 5 in Ashland on quested, and an additional meeting is sched-
April 1, 1996, and they are hoping to prepare uled for April 15. The committee has also indi-
the final amendments to the rules soon. cated a willingness to meet again, if necessary
on April 22. A study session has been sched-
Nod H4t-4�tk:,�. NZZ P uled with the Planning Commission for presen-
tation of the plan and discussion on April 30,
1996.
After the four-day charrette process, funded by
the Department of Land Conservation and De- HILLSIDE DEVELOPMENT
velopment through their Transportation and The Citizens for Hillside Standards and the
Growth Management Program, was completed Friends of Ashland have held meetings regard-
in early February, 1996,we have now received ing the development of new hillside standards,
the documents prepared by the consulting firm and staff has been attending to assist. The
of Lennertz: and Coyle. On April 4, 1996, the first drafts of ideas are coming from these
Deparmentof CommudiyDevelopment
Monthly Report
j committees, and staff will be assisting in the
BUILDING DIVISION
drafting of standards soon. A study session with
the Planning Commission has been tentatively Building activity for 1996 has been similar to
set for May 28, 1996. 1995 at $14,830,308.00 valuation compared
to $12,501,544.00 for the last year. The num-
CURRENT PLANNING ber inspections performed is virtually un-
Current applications are proceeding at an ex- changed, however, the loss of our plumbing
pected rate, with several "infill" projects being inspector has placed additional work load on
considered. As has been discussed, infill is a existing staff until the position is filled. Inter-
very "painful" growth process, in that it brings views for the new building/plumbing inspector
growth and changes into direct contact with are scheduled for April 15, 1996.
existing neighborhoods. It was interesting to
note that while there was much public com- Customer Oriented Building Division
ment regarding infill by opponents during the The Ashland Building Division has provided
recent ACCESS annexation hearing, there was educational programs for the local development
essentially no testimony in support (other than community for the past three years. These have
the applicants/representatives) of two recent included Historic Building Retrofit, Residential
i infill projects-one fora 24-unit apartmentcom- Energy Code, ADA, and most recently, Seis-
plex on W. Hersey St. and a 6-unit subdivision mic Connectors. The programs have been well
between Oregon and Windsor Streets. received and have allowed builders to "Get In
Front' of regulation rather than react to it. On
CONSERVATION DIVISION March 29, 1996, the division provided non-
The Conservation Division continued to oper- residential energy code training through the
ate all existing programs during the month. We Oregon Building Officials Association Circuit
billed OMECA $15,327 for conservation ac- Rider Program. Allan Seymour, Energy Ana-
tivity during March. lyst,will presented the seminar at Pioneer Hall.
Staff has also been working with the conserva- Program Changes
lion commission on an Environmental Aware- New rules have been developed for building
ness advertising theme contest and a policy on inspection providers in Oregon. This may re-
the purchase of renewable energy from Ash- quire assumption of additional programs which
land citizens. The are now done by the state, many which Ash-
contest winner will be announced on Earth Day land has already assumed through the electri-
April 22. And the renewable resource draft rec- cal program. An operating plan similar to our
ommendation will be presented to the council electrical inspection operating plan will be re-
for consideration at the next available work quired and will extend program assumption
I
session for initial discussion.. from the state to a four year process.
The staff has also been working on a resource In addition to operating plans, several audits
accounting system for all city facilities and we will take place for the 1996/1997 period. The
hope to present that project at the May work Building Division is currently preparing for these
session so the council will be aware of our ac- audits and developing strategies for compliance
tivities in this area. with the new rules. Meetings have been held
with Oregon Building Codes Administrator,Joe
Brewer to clarify the extent of the auditing pro- .
I
cedure.
Dtparmrnt of Community Drvrbpmim
Monthly RTort
APmaranAutn
°REGO,, , April 8, 1996
D, Mayor and City Council
ram: James H. Olson, Acting Public Works Director
p*IIQject. March Monthly Report
Attached are the detailed reports from Fleet Maintenance, Street, Water Quality and Engmeenng Divisions:
ACTIVITY SUMMARY AND COMPARISON
Activity 03/96 03/95 03/90
Equipment work Orders 131 120 68
Miles of Street Swept 617 379 611
Water Meters/Services (new & 31 20 22
replaced)
Utility Locates 107 102 58
Drinking Water Treated 63 MG* 65 MG* 48 MG*
Wastewater Treated 73 MG* 64 MG* 67 MG*
Sewer Cleaned 2,697' 19,937'
Sewer Inspected with Television 144' 5,155' 0**
Engineering Active Projects 40 40 25
Engineering 7 4 8
Subdivisions/Partitions
Engineering Permits Issued 40 44 6
*Million Gallons
**Not an activity this ycat
cc: Public Works Supervison
(c:tpwtmmnptivv)
i
.vo
ENGINEERING DIVISION v
MONTHLY REPORT
March, 1996
1. Issued 11 Street Excavation permits.
I
2. Issued 3 Miscellaneous Construction permits.
3. Issued 6 Address Change or Assignment forms.
4. Responded to 18 Certificates of Occupancy reviews.
5. Completed 10 Pre-applications for Planning Actions.
6. Completed 20 "One-Stop" permit forms.
7. Performed field and office checks on 7 partition plats & subdivision plats.
8. Conducted 6 traffic safety site inspections.
9. Attended Traffic Safety Commission; Forest Commission; Bicycle Commission;
Airport Commission meetings; City Council Meetings, Budget Meetings and SDC
Review Meetings.
10. Performed the following work on the Tolman Creek L.I.D. project.
11. Updated City base map.
12. Performed the following work pertaining to the emergency repair of Clark Avenue:
a. Negotiated with Contractor regarding final costs.
b. Prepared request for final payment.
C. Allocated costs to be reimbursed from insurance funds.
i
13. Completed preparation of departmental budget.
i
14. Prepared a request for cut of moratorium protected pavement on 7th Street.
15. Compiled motor vehicle accident reports for the Police Department.
I
i
16. Updated "as-built" maps for the current Airport improvement project.
17. Inspected construction of North Mountain Avenue.
I
PAGE 1-(Cmmin�t'.40
18. Prepared a report to Council regarding a requested purchase of Lithia Water. Also
prepared a memo regarding proposed conditions to be placed upon the water delivery
agreement.
19. Provided AUTOCAD map and/or drawings for the following departments:
a. Traffic Safety Commission (2)
b. Parks Department (1)
c. Finance Department (9)
d. Water Department (1)
e. Miscellaneous (8)
L Airport Commission (6)
g. Planning Department (6)
h. Street Division (2)
20. Updated traffic accident data base.
21. Attended monthly Rogue Basin Utility Coordinating Council meeting in Medford.
22. Performed the following work on the Water Treatment Plant Improvement Project:
a. Inspected contract work.
b: Prepared progress payment to Contractor and Consulting Engineer.
C. Attended monthly progress meeting.
d. Approved progress payment No. 9 & 10.
e. Approved contract Change Order No. 9.
23. Performed the following work on the Indiana Street re-alignment project.
a. Revised draft triparte agreement.
b. Distributed agreement to all participants for review.
C. Provided information to Oregon Department of Transportation for estimate of
costs.
24. Performed the following work on the 1995 Miscellaneous Concrete Project:
a. Inspected work performed by contractor.
b. Computed quantities.
C. Prepared progress payment No. 2.
d. Prepared final payment report.
25. Performed the following work pertaining to Mountain Meadows Subdivision:
a. Prepared interim progress payment authorizations.
b. Inspected work performed by contractor.
26. Attended Bear Creek Water Quality Advisory Meeting in Medford.
27. Performed the following work on the Strawberry land partition.
a. Filed survey.
b. Revised parcel description.
C. Met with title company for escrow closing.
PAGE 2-(can b.R o
28: Performed the following work pertaining to the property at Maple and North Main
Street:
a. Met with owners and Oregon Department of Transportation personnel at the
site.
b. Discussed options to save the Spruce tree on the site.
C. Surveyed locations of tree and proposed improvements.
d. Prepared easement.
29. Performed the following work on the Mark Cooper lawsuit:
a. Met with City staff regarding requested information.
b. Reviewed contents of project files and produced numerous documents
requested.
C. Prepared memo regarding questions posed.
30. Surveyed rights-of way of First, Second and "B" Streets and determined right-of-way
= boundary for the alley north of the Post Office.
31. Operated traffic counts at various intersections.
32. Reviewed plans of the Mountain Vista Subdivision, Birnam Woods Subdivision and
Mountain Meadows Phase 11.
33: Staff for Airport, Bicycle, Forest Commission as usual: Agendas, packets, staffing
meeting, tracking/completing background work.
34. . Began design of the Van Ness Street improvements.
35. Continued survey at the Fordyce Street drainage way.
36. Performed the following work regarding the Wastewater Treatment Plant
improvements:
a. Reviewed proposals for a wetlands demonstration project.
b. Attended oral presentation of RFP and made a recommendation.
37. Prepared and distributed an RFP for engineering services for design of four City
Streets.
i
38. Held pre-design meeting pertaining to the above referenced RFP.
I
39. Prepared and distributed on RFP for engineering services for the design of the Central
Ashland Bikeway.
40. Surveyed boundaries of the City lots on 'B' Street and Mountain Avenue.2
i
i
PAGE 3-c�:mt RoU
Water Quality Division
Monthly Report
March 1996
The following is a report of the collective activities of various sub-divisions of
the Water Quality Division. This report only concerns only the significant
activity within these divisions.
WATER:
Leaks: Repaired three leaks in city owned water mains and thirteen leaks
in customer service, seven of which were hit by contractors.
Repaired one Lithia water leak.
Meters: Installed four 3/4" meters with hand valves. Changed out twenty-
five 3/4" meters and two 1" meter. Replaced meter vault at
Cantwells Market. Installed new meter register at Ashland Student
Housing.
Fire
Hydrants: Relocated three fire hydrants that were in the way of new
construction projects. Installed hydrant extensions on three other
hydrants.
Services: Installed two 4" service lines one for a fire line and the other split
into two 2" services. Replaced thirteen water services for pre-
paving or for sidewalk installation. Relocated two services on N.
Main due to construction.
Mains: Abandoned 3" water main from Ditch Road to Scenic Drive due to
installation of 8" pry at Grandview last year. Raised valve boot at
Webster and Walker.
PAGE
i
Pump
Stations: Performed weekly inspection and maintenance on four booster
PUMP stations.
Misc: Changed water supply from East and West Forks to main dam.
SEWER:
Repairs: Made repairs to sixteen sanitary service lines/mains. Responded to
two service calls.
Installs: Installed two 4" sanitary sewer service.
Replaced four sewer laterals.
Maint: Responded to one main line plug. Videoed 144' of City sewer
main at Church Street.
Main
Line: Replaced 424' of City sewer mains at Grant Street replaced or
installed five manholes.
TREATMENT FACILITIES:
The Water Treatment Plant treated 63.5 million gallons of drinking water for
our community, and the Water Pollution Control Facility treated 73.15 million
gallons of water.
MISCELLANEOUS:
There were 107 requests for location of water and sewer utilities during the past
month.
I
I
I
I
i
PAGE 2-(��go
INO PARKING
City of Ashland
Street Division
March 1996 Report
SWEEPER:
Swept 616.9 miles of streets.
Collected 411.2 yards of debris.
Responded to 107 utility location requests.
Graded several streets and alleys.
Patched potholes and sunken services.
Continued hauling cinders from "B" Street yard to the cinder pit on
Glenview Drive. (220 yards this month)
"B" Street YARD: The following changes are taking place at the yard: moving the fence in
15. ft. for the new bike path and the land swap that will change the configuration of the yard;
totally cleaning up; hauled 7 loads of old asphalt to re-cycle yard on Glenview Drive; hauled
8 loads of old concrete to the concrete pit off Glenview Drive; hauled 438 yards of sweeper
and other debris to dump site and leveled the dump site area; hauled 144 yards of 'k -10
rock to pipe yard on Glenview Drive; hauled 12 yards 4-inch shale to pipe yard on Glenview
Drive; hauled 3 loads of brush, old poles and wood to Bio-Mass in White City; hauled in
87.1 tons of Ph inch, 12.12 tons of 34 inch and 286.52 tons
of 4 inch rock from Quality Rock for filling and leveling.
Started vegetation check on streets to be re-surfaced.
Prepped and patched Normal Avenue storm drain project and E. Main Street.
Handicap ramps: 37.23 tons.
Prepped and patched Church Street storm drain project and new curb on "B" Street, from 5th
to 6th Streets 19.11 tons.
Prepped and patched Mary Jane storm drain project: 12.37 tons.
Saw-cut, dug out, prepared and patched the following: 9 handicap ramps on Fast Main/Lithia
PAGE
i1
Way, 2 new concrete aprons on 6th above "A", new curb on E. Main, pot-holes on "A" at
1st, Van Ness: Oak to Helman and "B" at 5th. using 12.77 tons.
Prepped and patched:.new curb on Laurel above North Main and potholes at Iowa/Morton,
Iowa/Liberty, Ashland/Mountain, Ashland/Elkader and on Sherman above Siskiyou.
Hauled 12.24 tons of lE minus rock from Quality Rock to "B" Street yard.
Began marking re-surface streets for pre-patching.
Ground out areas on Church Street, 5 areas on Apple Way and Sherman St. and patched:
12.93 tons.
I
�I
STORM DRAINS:
Flushed and/or nodded several storm drain systems.
Cleaned off catch basin grates.
Cleaned out catch basins.
Began Mary Jane storm drain project: replace 72 feet of 8-inch concrete pipe with P.V.C.
Removed 3 10-foot sections of curb and gutter to install 3 additional catch basins.
Began storm drain up-grade project on lower Park Street: installed 4 new catch basins where
cross-overs "T" into the main line and one new cross-over drain.
Put new rodder truck into service and stripped the old one.
Took water run-off samples from the granite pit.
Took water samples from designated areas on Ashland and Bear Creeks.
Re-vamped catch basin on Clover Lane using 1'A yards of concrete.
Placed top soil behind the curb over the new storm drain on Normal Avenue and compacted.
Located a 6" line from the catch basin in front of 501 Liberty that ran back towards the
alley. It handled roof drains only.
i
SIGNS and PAINT:
Straightened signs at the following locations: 4 hour parking in bay on Siskiyou west of
Liberty, 30 mph sign on Siskiyou west of Morton, Park/Fremont and on Faith/Siskiyou.
Re-attached the 30 mph sign on East Main by Walker.
Installed 9 (4-west side & 5 east side) limited parking signs/posts on Sherman St. below
Siskiyou Boulevard.
Installed a new stop sign/post on Clover Lane at Hwy 66.
Extended the street sign post 18" on Park/Fremont.
Installed "TREE CITY U.S.A." signs on Hwy 99: By Bellview school and by the R/R
overpass.
Painted curbs yellow: 16 feet on the east side of Lit Way below Ashland Street and both
comer returns on Lantem Hill/Granite Street.
Made and installed "NO DUMPING" sign at "B" St. yard.
Made and installed 3 - "DUMP HERE" signs at the dump site on East Main.
Replaced the street signs and extended the posts on: Mohawk/Mary Jane and Mary
Jane/Siskiyou.
i
PAGE 2-(�.%)
MISCELLANEOUS:
Completed cleaning vegetation from the creek alongside the run-way at the airport (4 days).
Removed a fallen tree from Ashland Creek above Van Ness.
Ground down raised sidewalk at 343 East Main.
Filled new barricades with sand.
Took D-3 cat to the golf course.
Saw-cut, removed, formed and re-poured 15 feet of curb and gutter on upper Church Street.
Sent 5 employees to Medford to a storm drain seminar.
Cleaned up facilities and equipment on a weekly basis.
Held monthly safety meeting.
PAGE 3-(c�u ,a ..90
tt#s•x
City of Ashland
Fleet Maintenance
r
March 1996 ►tea�9�:
Monthly Report
t
Three mechanics completed work on 131 work orders on various types of City
equipment and vehicles.
With the new numbering system in effect, work orders will no longer be
reported on an individual department or division basis.
The emergency generators at City Hall and the Civic Center were manually
tested on a weekly basis.
I and M certificates issued: City of Ashland: 1
II
II •
I
April 2 , 1996
M E M O R A N D U M
TO: Honorable Mayor & City Council
FROM: Brian L. Almquist, City Administrator
SUBJECT: Monthly Report - March 1996 e
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 and notes to staff for 1995-96 and 1996-97 .
I. PRINCIPAL ACTIVITIES:
1. Met with BPA Account Rep Alberto Perez to discuss surplus
power sale to the City, and our intention to either purchase SP
power from BPA or a similar product from Pacificorp.
2 . Met with State Building Codes Administrator Joe Brewer
and other Jackson County Building Officials to discuss our
concerns with the draft OAR's implementing SB35.
3 . Had coffee with Councilors Wheeldon, Hagen and; Reid
regarding various City issues.
4. Met with Realtor Barbara Allen to discuss specifics of
offer to Hillah Temple officials.
5 . Met with three Treatment Plant Operators of the Water
Division regarding their bump-down rights under the labor
contract, and to assure them that they would receive first
consideration on any job openings within the city.-
6. Met with the three employees who might be bumped under 5.
above to offer similar assurances.
7 . Met with Patricia Murphy and her attorney Allen Drescher
regarding her request to receive Lithia water service.
8. Met with new Budget Committee member Pat Acklin to
discuss the budget and related issues.
1
9 . Attended PPC Executive Committee meeting in Portland to
hear BPA officials discuss the upcoming rate case and issues
important to us.
10. Participated in meeting of Northwest Requirement
Utilities and BPA officials to discuss a critical part of the
rate case affecting Ashland relating to the low voltage delivery
charge.
11. Met with Jill Turner regarding SDC Committee issues,
budget matters and the status of the draft CIP plan.
12 . Participated as a member of a 5-person team of the
leadership of public power in a 5-day visit of 29 members of the
NW Congressional delegation regarding energy issues. Also met
with the Under-Secretary of Energy, and the Assistant Budget
Director at OMB, regarding these same issues.
13 . Met with Gary Brown and Personnel Assistant to finalize
interview process for Public Works Director.
14 . Met with owners of a commercial building on Hwy. 66 and
Electric Director Pete L. to discuss their request for city
assistance to bore or cut the street for a utility connect.
15. Had coffee with Councilors Hagen, Reid and Hauck to
discuss various City issues.
16. Met with Councilor Hauck and Paula Brown to discuss DEQ
response to our Facilities Plan.
i
17 . Met with Gary Schrodt to learn of the results of his
meeting with Governor Kitzhaber on water quality issues.
i
18 . Met with Ruth Wire, owner of property at the NW corner
of "B" and Mountain to discuss possible purchase of her land for
City use. Agreed to have the land value estimated by a local
Realtor.
19 . Met with Councilors Laws, Hagen and Thompson, and Paula
Brown to discuss DEQ response to our Wastewater Facilities Plan.
i
20. Met with Mayor Golden, Councilors Reid and Wheeldon, and
Paula Brown to discuss DEQ response to our Wastewater Facilities
Plan.
I
21. Met with TID Manager Hollie Cannon, Paula Brown and
Acting PWD Jim Olson, regarding the renewal of our 1966 water
supply contract.
2
I
22 . Participated as a member of an 8-member focus group
organized by the State System of Higher Education to discuss the
future of the State System.
23 . Met with Jane Symon of ODOT to approve their plan to
temporarily relocate the I-5 information Kiosk to the USFS
offices on Washington Street.
24 . Met with consultant Gary Bourke, regarding a survey of
customer satisfaction with BPA services and products.
25. Met with Tom Kennedy and Ron Kelso regarding plans for
the Elks Building.
26. Met with City Attorney Nolte to prepare answers to
interrogatories in Cooper lawsuit.
27 . Presented 1996-97 Proposed Budget to the Citizens Budget
Committee and City Council.
28 . Took 3 days of vacation to visit my family in So. Cal.
29 . Met with Pete Belecastro and Tim Bewley to discuss
progress on Electric Utility video and other cable issues.
30. Met with City Attorney Nolte to amend easement proposal
by Railtex on Central Ashland Bikeway, and proposed agreement for
sale of Lithia water.
31. Met with Chrissy Barnett and her Realtor Alan Kaufman to
discuss her possible purchase of the Mark Antony, and whether the
r_
City could participate in any way.
STATUS OF VARIOUS CITY PROJECTS:
1. open Space Proaram. We have reached agreement on the
purchase of 2 . 5 acres off of Guthrie Street. Our revenue stream
is now fully committed until 1999 and any purchase would need to
have principal payments delayed until then.
2 . Capital Improvement Plan. We have assigned a staff
member to this project and hope to have a draft plan for the
council to consider this Spring.
3 . Indiana/Siskivou Realignment. The preliminary design has
been agreed to by the three parties. The State Highway department
is still firm on limiting its contribution to $50, 000 on state
right-of-way. At a meeting with college and state officials, it
was agreed that city electric crews might be used to relocate
some of the signals and thereby allow the project to be completed
within budget.
3
i
4. N. Main/Maple Construction. The contractor started work
on February 12 and was scheduled to complete construction by
April 1. It now appears that this schedule will slip by 30 days
or so. We have again asked for a right of first refusal to
purchase the remainder of the old BP gas station property. We
have also worked out a compromise which will enable us to
preserve the Spruce tree at the corner by installing the sidewalk
j behind it.
5. Water Filtration Plant Upgrade. Construction is now
almost complete. The pipe gallery is nearly finished with 4
filters on line and the other two scheduled to be completed by
April 15. A "punch list" has been prepared and the entire
project should be finished by the end of April.
6. Wetlands Demonstration Project. All of the proposals
have been evaluated by the committee and oral presentations made.
We are awaiting a meeting with the DEQ on the timing element of
our Facilities Plan before making the award. It is expected that
this could occur by the first of June. The DEQ is still firm on
not allowing any of the effluent from the Wetlands project to be
discharged to the creek unless it meets the 8 mg/l standard.
They are also proposing that the spray irrigation be moved up to
1997 . Paula Brown has written a response challenging their
position and requesting a meeting the week of April 8 with DEQ.
I
III. STATUS OF 1995-96 COUNCIL GOALS:
1. Resolve the funding issue for wildfire fuels reduction.
Included in 1995-96 Proposed Budget. Keith Woodley has developed
a work program. The first project was recently completed off of
upper Morton Street. Other projects are being carried out this
Spring. At the current rate of expenditure, it will take about
ifive years to complete all of the major work.
j 2 . Commit to an ongoing matching grant program for LID
I! sidewalk construction in existing neighborhoods not to exceed
$30. 000 per year. This is included in the current budget and is
continued in the 1996-97 budget. Staff have developed a list of
sidewalks where parkrows are feasible. A public hearing was held
on March 19 on the Tolman Creek Road LID, which was continued to
May 7 to include Barbara and Diane Streets. Nothing has been
received from property owners on Oak Street or Fordyce Street.
3 . Prepare plan of options for reduction of dependence on
electric utility revenues. New developments at BPA and falling
power prices may make this issue of lesser priority. BPA's rate
proposal seems to be changing on a weekly basis, and we have
received a very favorable proposal from Pacificorp. With 5-year
rate stability, the General Fund should likewise remain stable.
4
Z
4 . Resolve office building/space needs issue. Barbara
Allen approached the Hillah leadership with an offer to purchase.
the property and they have submitted a counter offer.` We hope to
meet with the leadership in the next week or two to attempt to
reach a compromise.
5. Develop and implement a citizen/government communication
program which includes citizen input._ The Communications
Committee which includes citizen representatives and two Council
members has been meeting regularly to review the results of the
citizen attitude survey and to develop an ongoing program for
citizen input and information sharing. There are now three
public input sessions scheduled, following which they hope to
complete their written report to the Council.
Y
IV. 1996-97 COUNCIL GOALS:
1. Encourage alternative transportation modes through such
means as:
a. Encouraging streetsca a improvements that enhance
walkability and code enforcement to remove barriers (dead
trees tall hedges etc. )
b. completing ne otiations for bic cle access from Jackson
Road to Crowson Road aIona the railroad tracks.
c. Exploring development of a transportation coordinator
position.
2 . Assist in siting a Teen Center. I have approached the
Teen Center about the opportunity to share in the purchase of the
Hillah Temple and to have full use of the building for a
specified period of time. The CBDG subcommittee is recommending
that Youthworks be allocated additional monies for a total of
$250, 000. This will help facilitate the purchase.
3 . Reexamine growth management policies as they affect
density, transportation and city services.
4 . Resolve office building/space needs issue_ As mentioned
above, we are moving ahead with an offer to purchase the Hillah
Temple.
NOTES TO STAFF 1995-96:
1. Following TPAC adoption of the transportation plan,
Staff is to cost out the various "traffic calming"
recommendations and to report to the Council.
5
2 . Complete Management Compensation Study and present to
Council prior to 1995-96 salary recommendations. (Council
received on July 5, approved 3% COLA, and requested further
refinement of survey instrument prior to 1996-97)
NOTES TO STAFF 1996-97 :
1. Planning Department to consider CUP criteria when
Railroad District neighborhood plan is reviewed.
2 . The City Recorder will video tape and make available
Council Meetings to interested members of the public. Video tapes
will be available for one year. (Underway)
3 . Administration will continue to explore purchase of land
for a Transportation Center that ensures the option for a future
rail link. (Spoke with Paul Comstock who owns land East of Oak
Street Tank. He is still interested in an equity trade. )
4 . Administration will work with the School District and
RVTD to develop a bus route to E. Main and Walker that serves the
Pacific NW Museum of Natural History. (Councilors Laws and Hauck
met with RVTD to discuss options. Cost of route is now being
evaluated)
5. Police Dept. to consider extending bicycle patrol through
the Railroad District.
i
6. City Administrator to recontact Vogels about viability of
purchase.
7 . Councilor Hauck will study and report back to Council
I with recommendations for the City's role in economic development.
Possibly use SOSC interns to assist.
8 . Computer services will evaluate, as part of its on-going
assessment, City needs for new technology and present to Council
through Administration. Councilor Hauck will continue to review
and present broader community needs to Council for consideration.
Possibly use SOSC interns to assist.
I
C
j
BIfian L. Almquist —
City Administrato
BA:ba
i
6
.I
"'♦'pf ASH ,
Pmarandutn
REGO
April 11, 1996
V1II. Mayor and Members of the City Council
Paula C. Brown, Wastewater Treatment Plant Coordinato Q
�rom: r\,
+_ DEMONSTRATION WETLANDS SYSTEM PROJECT - RFP
uQjPtt. REVIEW COMMITTEE RECOMMENDATIONS
Recommendation:
It is recommended that the Council accept the recommendation of the Request for
Proposals Review Committee, and authorize award of the Wetlands Demonstration
Project to Cascade Earth Sciences, Inc. (CES). It is further recommended that the
Council authorize the Public Works Director to enter into the agreement with CES after
the Department of Environmental Quality (DEQ) makes their determination on the timing
of our spray irrigation activities, or no later than June 1, 1996, whichever occurs first.
Background:
We prepared and distributed a design-build-monitor-evaluate Request for Proposals(RFP)
for the demonstration wetlands project. The RFP was released on December 4, 1995,
and published in the Daily Journal of Commerce on December 6, 1995. Initially the
proposals were due on January 16, 1996. Time extensions were granted to allow the
proposers to obtain better site information and to respond to the monitoring requirements
forwarded by the DEQ on January 23, 1996, which pushed the deadline for receipt of the
proposals to February 6, 1996.
Proposals were received from the following teams:
Cascade Earth Sciences, Inc. Portland, Oregon
teaming with the Kirkbride Group, Montgomery Watson, and Azurea,
Inc.
Nolte and Associates, Inc. Sacramento, California
teaming with Hydro Resources International (HRI), Western States
Environmental (WSE), Northwest Biological Consulting (NBC), Neilson
Research Corporation, Bayard Landt and Associates, and Wetlands
Systems
PAGE 1-(0:aw.m.\X-witvs.wPZ)
Burl Brim Excavation, Inc. Ashland, Oregon
teaming with EMCON, C112M Hill, and Barber-Webb Company
All three proposals were prepared in detail, presented very different approaches, and held
potential and merit for our demonstration wetlands project. After initial review, the
screening committee suggested we interview two of the three and ask for additional
clarification and verification of information presented in their proposals. CES and Nolte
and Associates were asked to interview. Upon further discussion, Burl Brim was also
invited to interview, but ultimately declined due to time constraints.
Interviews were held on March 14 with CES and March 18 with Nolte and Associates.
The interview panel consisted of Paula Brown, Paul Nolte, Jim Olson, Dick
Wanderscheid, Ken Hagen, Ken Mickelsen, and Al Alsing. Carl Oates from the
Wetlands Coalition sat in as an observer, and Jennifer Lee (RVCOG) took notes and
minutes of the meetings. Committee members were encouraged to ask questions during
each of the interview sessions along with the specific questions asked of each proposer.
Members were also asked not to discuss their feelings or reaction to the individual
interviews until after the final interview. As this was to be a formal recommendation to
council, deliberations were publicaly noticed and set for March 20.
During the deliberations, each review committee member was asked to describe the pros
and cons of the proposal team. In addition, Carl Oates prepared, read and distributed his
comments and ranking of the proposers which had been reviewed by the Wetlands
Coalition. Both teams demonstrated high capabilities. The decision of the review
committee was unanimous in recommending the CES team for the demonstration wetlands
project. CES demonstrated a coordinated team approach with high technical capabilities
and expectations. Their approach is to test the wetlands system to its limits, to truly
demonstrate the opportunities of the system. They also have strong public and City
involvement throughout the project.
Timing:
Due to the letter received by the DEQ requesting that the city begin spray irrigation in
May 1997, two years prior to our initial schedule as outlined in the Facilities Plan, it was
proposed by the selection committee that the Council be advised of options. As stated
in our response to DEQ, designing, permitting, constructing and having the spray
irrigation system on line by May 1997 is unrealistic. The earliest we could expect to be
operational could be Spring of 1998, however this would detract from the important
information we are anticipating from the demonstration wetlands project. We are
counting on the Wetlands Demonstration Project to test the opportunity of removing
PAGE 2—<=:�ctL=&kz—041196.Wp2>
phosphorous from treated effluent. Every pound of phosphorous removed, allows that
much more flow that can potentially return to Bear Creek. We are aware of the potential
limitations with the demonstration wetlands project, yet the commitment that Council has
made to evaluate the opportunities in the treatment process of the wetland system's
activities could produce very positive results.
Pending a discussion with Steve Greenwood and Jon Gasik (to be scheduled for the week
of April 15th in Ashland), it is recommended that the award of the Wetlands
Demonstration Project be held until a decision by DEQ or June 1, 1996, whichever is
earlier.
For your information, I have included our response to DEQ's comments on our Facilities
Plan submission.
Questions?
If you have questions on the process the Review Committee went through, or on the final
recommendation or the DEQ letter, please call me at 488-5587 (Thursday and Fridays)
or 779-6785 (Monday through Wednesday).
PAGE 3-(«aaL.m.\x_o4n9e.we2)
==; CITY OF ASHLAND I ' CITY HALL
DEPARTMENT OF PUBLIC WORKS 20 E.MAIN STREET
ADMINISiRAT1J.`t(503)4885587 ASHLAND,OREGON 9'S20•1814
ENGINEERMG(50.3)488 53x7 FAX (503)4 2:1iG
March 21, 1996
`= Mr. Jonathan Gasik,PE
..,-':'.' Senior Environmental Engineer
:= Department of Environmental Quality
201 W. Main, Suite 2-D
Medford, Oregon 97501
_ .
>�= Subject: Ashland Wastewater Treatment Plant Facilities Plan Response to Review
_ - Comments dated February 8, 1996
^Dear Mr. Gasik:
Attached is our response to your letter dated February 8, 1996. These comments have been
.—compiled as a result of several phone conversations between you and me, and you and John
Hohnyd from Brown and Caldwell. These are intended to be in draft format for your review. It
is intended that these comments will become errata to the Facilities Plan upon your approval.
I have also been in contact with Steve Greenwood in the DEQ Eugene office and he has suggested
that we meet to discuss these issues, in particularly the issue of scheduling the spray irrigati on
operations. I am hoping that you and Steve Greenwood would accept our offer to come to Ashland
to discuss our approach to phasing the improvements to the wastewater treatment plant, including
spray irrigation and the wetlands demonstration project. Our mayor, Cathy Golden and City
Administrator, Brian Almquist are eager to be a part of this meeting and come to conclusion on
the Facilities Plan so that we may begin the upgrades to the plant and begin to see positive results
in Bear Creek.
t
Please review the attached comments. Feel free to contact John Holroyd regarding all of the
technical issues, as he remains our representative on the details. If there a e significant issues,
Please verify your discussions in writing so that I can have a better understanding of your issues.
I will be gone for two weeks,returning on April 8, 1996. I will be happy to discuss the scheduling
and spray irrigation issues upon my return.
xl
cry
Jon Gisik PE_
March 21, 1996:—,
Page 2 _
I 'w ill contact you early m Apn(to schedule a meeting here in Ashland for discussion regarding
the final acceptance of oiu Facilities Plan.
I appreciate your time and review comments
Sincerely, .
C
Paula C. Brown, PE -
ry1c '
Wastewater Treatment Plant Coordinator ,.
Cc% - Bri n AlmgWst,City Administrator
Jim Olson,Public Works.Director
ti John Holioyd,Blown and Caldwell
. z -
.lCMt'
r -
-.�ia. 3�k i�Y_''� � `=�-..�rr�` ,.._.� ._?.t,r `�.�._... r.s���:.r�� �.. _: ' [__,,., ; _.. ...... '.,,-- .,i .-:,.°., .x. _.L 4 •_ -.
j
I
1, SPECIFIC RESPONSES TO DEQ COMMENTS
Engrneering Comments
- 1 = 'Additional pump station data was requested. This information was compiled by the
Ashland Public works staff and is enclosed as Appendix A. This information is all that 1s
"available on our existing systems.
The DEQ's comm en ts on the facilities plan flow estimates were related more to calculation
- technique than the actual flow values. In general,DEQ guidelines recommend basing flow
estimates on the previous year's data.. The,approach considered in the Facilities Plan
included an average of the past 5 years of flow records.
h;-
q? r= _-Using DEQ flow estimate techniques, estimates of current flows are very similar to those
presented in the facilities plan and are shown below in (Table 1).
During the course of the additional flow estimation work,we examined recent plant flows
for the winter of 1995-6 to see how they compared to the faciliti es plan flow estimates.
Flows during December 1995 through February 1996 were significantly higher than
historical values. Flows exceeded the current 5-year peak day flows (4.7 mgd) on three
occasions. However,this was an anomaly to the typical storm flows as there was 1 4" of
-`•
.-,-'snow on the valley floor followed by rapidly elevated temperatures, high groundwater
- r= levels,saturated soil conditions and additional rainfall. These are extraordinary and are not
felt to be of concern with the capacities in the plant.
Table 1. Current Wastewater Treatment Plant Flows
I
Facilities plan cur-- DEQ methodology
Item rent flow, mgd current flow,mgd
Average dry weather flow 1.72 1.72
Average wet weather flow 1.84 1.84
Peak month flow 2.5 2.2
Peak week flow 3.4 3.6
Peak day flow 4.7 4.9
Peak wet weather flow(PWWF) 6.7 6.6
DRAFT,:Ashland Wastewater Treatment Plant Facilities Plan Response to Review Comments
March 21 1996
„�p
PaB°3�v
�a
L
Current and Future Regulatory Requirements
"i DEQ's comments on biochemical oxygen demand (BOD) and total suspended solids (TSS)are
interrelated. Comments 1-3 appear to stem from the fact that there are currently three different
BOD and TSS standards applicable to Bear Creek which do not calculate the affects of ammonia
in the same manner.
OAR 34041-375 details the water quality.standards for the entire Rogue River basin.
In terms of BOD and TSS,these standards are.normally superseded by the folloning:
r OAR 340-41-385 which lists the in-stream water quality standards for Bear Creek.
• The waste load allocations (WLAs) which delineate mass discharge limits for BOD.
1. . It is important to note that the various standards define BOD differently. The in-stream
= standards(OAR 340-41-385)define BOD as BOD plus 4.35 times the ammonia concentra-
tion (which is the maximum theoretical oxygen demand from ammonia calculated using
stoichiometric relationships).
The BOD discussed in OAR 34041-375 and the WLAs is without nitrification inhibition,
or carbonaceous biochemical oxygen demand (CBOD).+nitrogenous biochemical oxygen
demand (NBOD). These two definitions.describe entirely different measurements. As an
example,in April 1993 a wastewater treatment plant in southern Oregon recorded an effluent
CBOD of 4 milligrams per liter (mg/L), an effluent CBOD +NBOD of 10 mg/L, and an
effluent ammonia of 11 mg/L. Calculating BOD as defined in OAR 340-41-375 and the
WLAs gives an effluent BOD (CBOD +NBOD) of 10 mg/L. Calculating BOD as defined
in OAR 340-41-385 gives an effluent BOD (CBOD+4.35 x ammonia)of 52 mg/L—a five-
fold increase.
Clearly, limits based on the latter calculation would be far more difficult to comply with.
The difference in the two calculations is related to the fact that ammonia is oxidized
relatively slowly. In a 5-day BOD test without nitrification inhibition (CBOD +NBOD),
only a small portion of the ammonia is oxidized;therefore,it exerts a relatively small oxygen
demand. In response to DEQ's comments, it is suggested that we insert the word
"stoichiometric" in front of the words "oxygen demand associated with ammonia. . in the
last sentence of the first partial paragraph on page 6-3 to clarify our intent.
DRAFT-Ashland Wastewater Treatment Plant Facilities Plan Response to Review Comments
March 21, 1996
page
2 . .;This comment is a continuation of the above comment. Because BOD is defined differently
'. in the different standards, it is difficult to compare the standards. It is quite likely that the
=Ashland Wastewater Treatment Plant(W WTP)would comply with the requirements of the
WLAs but violate the in-stream standards of OAR 340 41-385 because of the manner in
which BOD is defined.
3. " Again,the inconsistent definition of BOD is the source of the statement in question. V.gthout
_
...-,a standard definition of BOD, it is not possible to:directly compare the requirements of the
various standards. I understand thatJohn Holroyd,Brown and Caldwell, has discussed this
issue in a conference call with you;and apparently there is agreement that there may be a
problem with how the various rules refer to ammonia.
;' 47"� ::Ammonia — Along with the BOD and TSS.comments (Items 1 through 3 above) the
_ y ;` discussion on ammonia on page 6-3 describes.Current Water Quality Regulations. The
WLAs are discussed later in Chapter 6 in the Anticipated Future Discharge Permit section.
It is suggested that a sentence be added to the last paragraph of the ammonia discussion
- stating that ammonia discharges will be governed by the WLAs, which is discussed later in
this chapter.
Note that the wet weather ammonia WLAs were not included in Table 6-4. However,the
facility sizing and cost information reflects compliance with the wet weather ammonia
r:.WLAs. A revised version of Table 6-4 which addresses all of the WLAs will be issued as
part of the errata and is included in this response as Appendix C. In addition to wet weather
ammonia WLAs for maximum chlorine discharges,chronic toxicity units,and acute toxicity
`units are included in the revised table. Of note are the summer ammonia limits and acute
>.toxicity limits. Both of these values appear to have been calculated incorrectly by DEQ in
the total maximum daily loads (TMDLs).
DEQ has stated they intended the summer ammonia limits in the BOD TMDL to be in the
`units of mg/L instead of pounds per day (ppd) as shown in the TMDL limits. It is
understood that DEQ is in the process of determining what summer limits will apply. In the
same summer ammonia TMDL, the WLAs for the WWTP for stream flows less than 30
cubic feet per second are higher than the allocation for the entire stream. DEQ is also
currently checking this apparent inconsistency.
The low stream flow whole effluent acute toxicity limit requires that fewer than 50 percent
" of test organisms die in a sample of 120 percent effluent. It is unclear how a laboratory
would prepare such a sample. Other than this question,we anticipate that the dechlorinated,
'nitrified plant effluent will comply with the whole effluent toxicity requirements. However,
i t
DRAFT Ashland WasicwatcrTrcatment Plant Facilities Plan Response to Review Comments
lvficFi 21 1996
.: SQ1Sh 'i Y/e1� a.�ii
h
city would have to carefully consider the potential effects of discharges from future
~` ' industries that move to Ashland.
5 z Phosphorus — pH and dissolved oxygen influences were mentioned in our tevK;
; "Chlorophyll-a is a measure of the water's algae and aquatic plant content. Algae and aquatic
plants can deplete eater DO and raise pH levels." We could,however, add the following to
the last sentence,page 6-3,to clarify our intent:
which have been proven to be detrimental to fish."
_The last sentence in this paragraph on page 613 should be deleted. The waste load allocation
for phosphorus is 2.0 ppd. At the projected plant flows,-.this amounts to 0.08 mg/L
phosphorus. However, if only a portion of the plant flow was.discharged and the rest
.:�irrigated, the allowable concentration could be higher as long as the 2.0 ppd limit is not -
::,..: .
exceeded. M
ill assist in our efforts to remain in compliance with the phosphorous limn
Y– v to Bear Creek,yet potentially limit the amount of spray irrigation required.
6 z= Bacteria—On page 64,delete this section and add:
January 11, 1995,the Environmental Quality Commission(EQC) modified the bacteria
standard such that discharge to freshwaters must meet a 30 day log mean of 126 E. Coli
-.z
organisms per 100 milliliters based upon a minimum five samples. The proposed ultraNiolet
isinfection system will allow the treatment plant to comply with these regulations"
emperature—On Page 6-6, end of this section, add:
"On January 11, 1996, the EQC approved a revision to the temperature standard which
become effective on July 1, 1996. A key feature.of the standard is the requirement that a
temperature management plan be submitted for all salmonid spawning streams which exceed
55.degrees F during the fourth quarter of the year. The Oregon Fish and Wildlife
Department has documented native salmonid spawning, egg incubation, and fry emergence
- _ in the main stream of Bear Creek from October through March. Bear Creek has exceeded
the 55 degree F during the fourth quarter of the year. As demonstrated in the past and as
written in our recent letter to the Environmental Quality Commission, Ashland has a
committed record of maintaining the fish habitat in the Bear Creek basin. The temperature
_ management plan should describe all the expected provisions for moderating temperature
influence to the receiving stream. The ruling encourages the proactive development and
implementation of best management practices which we intend to develop as apart of the
t management plan.
DRAFT=Ashland Wastewater Yrcatme PlPlant Facilities Plan Response to Review Comments
�'��1vfaich 21 1996
Lim PaBe63`- `-
Y
Y
We are looking at a N>ide variety of options to evaluate temperature issues which include:
a: Flow augmentation to Bear Creek using water rights from Emigrant Lake.
b. 'Thermal conditioning of water stored in impoundments at the proposed irrigation
site.
c. . Thermal conditioning using wetlands.
d. Planting shade vegetation along Bear Creek.
e. ' Water conservation to minimize effluent flows.
s f.— Extending normal effluent imgation period to reduce effluent discharges during
low B ear Creek flows.
- The re vised temperature standard requires that the expanding source must demonstrate that
it fits within a 1 degree F increase and that its activity will not result in a measurable impact
?, to beneficial uses. All future increases in Bear Creek temperatures due to increased flows
r shall be less than 0.25 degrees F. Due to insufficient temperature data and the currently
" 'rinlmotvn effects of the temperature moderating options listed above, it is not currently
— : known if the future increase can be limited to 0.25 degrees F. The Temperature Management
Plan will evaluate potential temperature changes for increased loading.
If attempts to comply. with.the'.:temperature-standard as.outlined in the temperature
_ management plan are not completely successfUlL the city may elect to apply.for an exemption
from the DEQ if:
a.. . The discharge will result in less than a 1 degree F increase at the edge of the
mixing zone variance; and
b. The source provides the necessary scientific information to describe how the
beneficial uses will not be impacted; or
c. The source demonstrates that it is implementing all reasonable management
practices, its activity will not significantly affect the beneficial use, and the
environmental cost of treating the parameter to the level necessary to assure full
protection would outweigh the risk to the resource.
DRAF17-Ashland Waslewater Trwtment Plant Facilities Plan Response to Review Comments -
Marcti 21;1996
page
> e_
:., ..: .
The city also has the option to petition the EQC directly for an exemption to the standard
. ...
piovided:
a. The source provides the necessary scientific information to describe how the
designated beneficial use would not be adversely impacted; or
b. The source demonstrates that it is implementing all reasonable management
practices, its activity.will not significantly affect-the beneficial.uses, and the
environmental cost oftreating the.parameter to the level necessary to assure full
protection would outweigh the risk to.the resource.
:'Anticipated Future Water Quality Regulations
Add the statement:
"Every three years the DEQ reviews, and on occasion, revises water quality standards in
response to new information. The public,municipalities,and concerned interest groups have
an oppo rtunity to comment in person and in writing on proposed changes to standards."
i
Future Standards for Temperature, Dissolved Oxygen (DO),Bacteria, and pH.
a Temperature—See No. 7 above.
DO—Replace Table 6.2 with Appendix B.
v_-
V7 See No. 6 above.
d 'pH—Shall remain in the range of 6.5 to 8.5. -
= `.10;%JMDLs as shown will remain in their current state unless scientific information supports a
change. DEQ has stated they expect ongoing monitoring will support the current TMDLs.
lli See No. 7 above.
12. No response required.
11.- Change page 6-12;"DEQ has no written record of supporting a temperature exemption for
Ashland." The last two sentences of the second paragraph can be deleted.
14: >Filtration for winter flows is included in Phases 2 and 3 of the recommended plan.
FDRAFT=Ashland waste"ester Treatment Plant Facilities Plan Response to Review Comments
=} March 21 1996
y;i _^page
�v -
15_ Schedule - I have discussed with Steve Greenwood the issue of scheduling the spray
imgation earlier than the spring of 1999. It is unrealistic to expect that spray imgation could
be designed, permitted constructed and on line as early as May of 1997. The design and r
permitting requirements will take a minimum 9 months. In addition to DEQ pennits,it is
likely there will be major permitting requirements imposed by Jackson County for an
impoundment area.
Concurrent with the permitting work, we will be contacting and coordinating possible
_opportunities with local neighboring landowners. As our efforts to expand spray imgation
up slope on the site, the costs are increasingly expensive. The potential to coordinate
,_ imgation opportunities with these landowners will save considerable amounts of funding in
site development and pumping costs. Many landowners have already approached the City
^° with their hopes of utilizing treated effluent. These negotiations take time for thorough
� y
T,! understanding and legal agreements..Construction will take a minimum of 8 months,and
will be followed with training and.start-up time. As such, the earliest we would be frilly
operational would be the Spring of 1998.
Being operational in the Spring of 1998, takes away the important evaluation of the
�Aemonstration wetlands. It appears that DEQ has no interest in the opportunities prodded
<- by the demonstration wetlands project and have limited expectation of its success. While we
"are aware of the potential limitations with the demonstration wetlands project, we are
committed to evaluate the opportunities in the treatment process of the wetland system's
=` activities. The primary goal of the improvements to the treatment plant, spray irrigation and _
r the demonstration wetlands is to improve the quality of water in Bear Creek. It is extremely -
important to the City of Ashland to test the opportunity the wetlands system has in removing
- - _'phosphorous. Every pound of phosphorous removed allows that much more flow directly -
to Bear Creek. We feel strongly that the.demonstration project be allowed to prove its
capabilities, and that w•e not make hasty decisions to spray irrigate more than is absolutely
-. necessary.
In that context it is suggested that we meet to discuss the options to accelerating the spray
imgation component. We look forward to showing you the spray irrigation site we have
purchased,and discussing the preliminary concept ideas for spray irrigation an d the wetlands
demonstration site.
DRAFT, Ashland Wastewater Treatment Plant Facilities Plan Response to Review Comments -
March 2 E, 1996
e9rf'
- t
.. � .y,' ;le§ 5- tom
AGREEMENT FOR PURCHASE OF LITHIA WATER
AGREEMENT made this day of 1996, between the City
of Ashland, Oregon, ("City") and Patricia Murphy ("Murphy").
City and Murphy agree:
1. Water Sale: City shall supply to Murphy lithia water for Murphy's spa ("spa") on 'A'
Street in Ashland, Oregon, for $500 annually payable in advance as provided in
paragraph 3.
2. Term: The term of this agreement shall commence on April 15, 1996, and end on
the date of termination as provided elsewhere in this agreement.
3. Purchase and Diversion of Water.
3.1. Murphy agrees to pay the sum specified in paragraph 1 within 10 days
from the date the pipeline described below is completed and a like payment on such
day each year thereafter until this agreement is terminated. Interest shall accrue on
late payments at the rate of eighteen percent per annum commencing 30 days after
the due date. Murphy shall not be entitled to a refund for lapses in service or
interruptions in delivery of lithia water.
3.2. Murphy shall obtain all permits or licenses required by law to use lithia
wat .
3.3. Murphy shall be wholly responsible for taking, diverting, conveying and
utilizing water from the point designated by City at East Main and 6th Streets. Murphy
shall bear all costs to install, operate, and maintain a 2-inch P.V.C. service line on 6th
Street from East Main Street to Murphy's property on 'A' Street. Installation and
U1�Q maintenance shall be done through a contractor provided by Murphy and approved by
the City of Ashland Public Works Department Engineering Division. All work shall be
done under a general excavation permit administered through the Engineering Division
and shall conform to current standards. Murphy shall pay to City the standard water
service connection charge for atwo-inch line less that portion of the standard charge
attributed to a two-inch meter.
3.4. Murphy shall utilize the water she is entitled to receive under this contract
only in such quantities as may be necessary for one tasting or sampling fountain and
three soaking tubs at the spa. Murphy shall not sell any lithia water delivered under
this contract. Murphy acknowledges that the service of lithia water to the Plaza
fountains and Lfthia Park have priority over service to Murphy. The City'reserves the
right to discontinue service to Murphy if the water to the Plaza fountains and toied
Park is diminished to the point that the fountains will not adequately function, provided
that such service shall be restored when these fountains are able to function
adequately. If the resumption of service to Murphy continues to impair the functioning
of these fountains, then Murphy's usage of lithia water shall be reduced until these
PAGE 1-AGREEMENT (V:\a7raa\watr1ith.ad)
fountains are able to function adequately during Murphy's use of the lithia water. If
Murphy is unable to reduce her usage of the water so that the fountains are able to
function adequately during Murphy's use of the water, then the City shall have the
right to terminate this agreement, provided that City shall not terminate this agreement
until after the expiration of a 20-day written notice delivered to Murphy stating the
City's intent to terminate and giving Murphy an opportunity to reduce her usage of the
water to enable the fountains to function adequately, and her failure to do so.
4. Quality and Quantity of Water.
4.1. No liability shall accrue against the City arising by reason of shortages in
the quantity of water available, lack of water pressure or interruptions in water
deliveries to Murphy for any reason, including but not limited to, accidents or failure of
City facilities or supply or from any cause beyond City's control, including, without
limitation, war or acts of God.
4.2. The City does not warrant the quality of water, potability or fitness for
human consumption and is under no obligation to construct or furnish water treatment
facilities to maintain or better the quality of water. The water sold under this agreement
I is sold AS IS and there exists NO WARRANTY OF MERCHANTABILITY, IMPLIED OR
OTHERWISE, AND NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE,
IMPLIED OR OTHERWISE. There are no warranties which extend beyond the face
hereof.
4.3. Murphy shall prepare and post a conspicuous notice at the tasting or
sampling fountain listing the composition of lithia water showing its elements and their
respective amounts. Murphy shall not represent or claim that the water is approved by
the City or is authorized by the City for health purposes or for human consumption.
5. Indemnification: Murphy agrees to defend, indemnify and save City, its officers,
employees and agents harmless from any and all losses, claims, actions, including
enforcement actions by governmental agencies, costs, expenses, judgments,
subrogations, or other damages resulting from injury to any person (including injury
resulting in death,) or damage (including loss or destruction) to property, of
whatsoever nature arising out of or incident to the performance of this agreement or
the use of the lithia water by Murphy (including but not limited to, Murphy's
employees, agents, customers and others designated by Murphy to perform work or
services attendant to this agreement).
6. Insurance: Murphy shall, at her own expense, at all times during the term of this
agreement, maintain in force a comprehensive general liability policy including
coverage for contractual liability for obligations assumed under this Contract, blanket
contractual liability, products and completed operations, owner's and contractor's
protective insurance. The liability under each policy shall be a minimum of $500,000
per occurrence (combined single limit for bodily injury and property damage claims) or
$500,000 per occurrence for bodily injury and $100,000 per occurrence for property
damage. Liability coverage shall be provided on an "occurrence" not "claims" basis.
PAGE 2-AGREEMENT ia:\se,6a\waman.sai
The City of Ashland its officers, employees and agents shall be named as additional
insureds. Certi icates of insurance acceptable to the City shall be filed with City's Risk
Manager prior to the delivery of any water to Murphy under this agreement. These
certificates shall contain provision that coverages afforded under the policies can not
be canceled and restrictive modifications cannot be made until at least 30 days prior
written notice has been given to City. A certificate which states merely that the issuing
company "will endeavor to mail" written notice is unacceptable.
7. Default: Time is of the essence of this agreement. There shall be a default under
this agreement If either party fails to perform any act or obligation required of that
party by this agreement within ten days after the other party gives written notice
specifying the nature of the breach with reasonable particularity. If the breach specified
in the notice is of such a nature that it cannot be completely performed within the ten-
day period, no default shall occur if the party receiving the notice begins performance
of the act or obligation within the thirty-day period and thereafter proceeds with
reasonable diligence and in good faith to effect the remedy as soon as practicable. If
substantially the same breach for which notice was given recurs within one month, the
party injured by such breach may declare a default by giving written notice to the
other party specifying the nature of the breach.
8. Remedies: If a default occurs, the party damaged by the default may elect to
terminate this agreement and pursue any equitable or legal rights and remedies
available under Oregon law.
8.1. City may terminate this contract:
8.1.1. For the reasons specified elsewhere in this contract
8.1.2. If so directed by the State of Oregon Health Division.
8.1.3. If the use of the lithia water is prohibited by law or governmental
regulation.
8.1.4. If the Murphy property ceases to be used for a spa.
9. Assignment: Murphy may not assign or subcontract her rights or obligations under
this agreement without the written consent of City, which consent shall not be
unreasonably withheld.
Patricia Murphy City of Ashland, Oregon
BY
REVIEWED AS TO CONTENT
BY
City Department Head
Date:
Fed. ID# REVIEWED AS TO FORM
By
City Legal Counsel
Date:
PAGE 3-AGREEMENT ip:Nseree\watreth.edi
COOPERATIVE IMPROVEMENT AGREEMENT FOR REALIGNMENT OF
INDIANA AND WIGHTMAN STREETS INTERSECTION WITH SISKIYOU
BOULEVARD
Agreement made on this day of 1996 by the
State of Oregon, acting by and through its Department of Transportation e State B the
City of Ashland ("City") and the State of Oregon acting by and through the State Board
of Higher Education on behalf of Southern Oregon State College ("College").
RECITALS:
A. Rogue Valley Highway (Siskiyou Boulevard) is a part of the state highway system
under the jurisdiction and control of the Oregon Transportation Commission, and
Indiana and Wightman Streets are a part of the City Street System, under the
jurisdiction and control of City.
B. By authority granted in ORS 366.770 and 366.775, ODOT may enter into
cooperative agreements with the counties and cities for the performance of work on
certain types of improvements projects with the allocation of costs on terms and
conditions mutually agreeable to the contracting parties:
C. College intends to develop the Center for the Visual Arts complex that is to be
located astride Indiana Street on the south side of Rogue Valley Highway (Siskiyou
Boulevard). This development, as well as ongoing concerns about pedestrian safety
for students crossing Siskiyou Boulevard in this vicinity, will require a realignment of
Indiana Street with Wightman Street at their intersection with Siskiyou Boulevard.
ODOT, College and City agree:
1. City shall conduct, by city staff or consultant, the necessary field surveys, identify
and obtain all required permits, perform all preliminary engineering and design work
required to produce final plans, specifications and estimates, advertise for bid
proposals, award all contracts and furnish all construction engineering, material
testing, technical inspection and project manager services for realigning Indiana Street
to meet Wightman Street and making necessary improvements to Rogue Valley
Highway (Siskiyou Boulevard) such as signal location, island removal or replacement,
and sidewalk and curb modifications.
2. ODOT shall review City plans and provide actual design of the required directional
and traffic control devices and actual design of changes necessary within the right of
way of the Rogue Valley Highway (Siskiyou Boulevard). ODOT shall also provide, to
the full extent possible, the services of the ODOT Traffic Signal Team to 'assist the City
Electric Department in the actual relocation and reconstruction of the existing traffic
PAGE 1-INTERGOVERNMENTAL AGREEMENT (p:ae«<\od0t5O5O.k96)
I
I
signal facilities at the Wightman Street/Rogue Valley Highway (Siskiyou Boulevard)
intersection.
3. ODOT, City and College agree and understand that a mutual review of the plans,
specifications, and estimates will be conducted prior to advertisement for construction
bid proposals. City shall not advertise for construction bid proposals unless College
and ODOT have approved such plans, specifications, and estimates.
4. City shall compile accurate cost accounting records. ODOT and College may
request a statement of costs to date at any time by submitting a written request.
5. ODOT shall, upon satisfactory signal turn-on and at its own expense, perform all
required signal maintenance and retain complete jurisdiction and control of the timing
established for operation of the traffic signals.
6. ODOT shall be responsible for the conduit and trenching portion of the traffic signal
for this project, not to exceed initial deposit.
I 7. City hereby grants ODOT the right to enter onto and occupy City street right-of-way
for the performance of construction and necessary maintenance of the traffic signal
equipment, including vehicle detector loops.
8. City shall, upon request by ODOT, relocate or reconstruct, or cause to be relocated
or reconstructed, all privately or publicly-owned.utility conduits, lines, poles, mains,
pipes, and all other such facilities of every kind and nature, where such utilities or
facilities are located within the right-of-way of any presently existing City street where
such relocation or reconstruction is necessary in order to conform the utilities or
facilities to the plans for the project; City may request ODOT to arrange for such
relocation, acting on behalf of City.
9. If College and ODOT approve City's plans, specifications, and estimates as required
in paragraph 3, College shall transfer to City College's entire interest in all real
property to be occupied by the realigned Indiana Street, and City shall transfer to
College City's entire interest in all real property currently occupied by Indiana Street
that will not be occupied by Indiana Street after the realignment.
10. City, by execution of this agreement, consents, as required by ORS 373.030(2) to
any and all changes of grade within the city limits, if any there be, in connection with
or arising out of the project covered by this agreement.
11. City shall, upon completion of the project and at its own expense, provide all
power required for operation of the traffic signal.
I
PAGE 2-INTERGOVERNMENTAL AGREEMENT (p:agraa\udutsosc*96)
i
r
12. City shall enter into and execute this agreement during a duly authorized session
of the City Council.
13. ODOT shall, upon receipt of a fully executed copy of this agreement, forward to
City an advance deposit in the amount of $50,000 to pay for its share of the design
and construction of the project.
14. City shall set up an expense account for ODOT forces to charge all related
expenses for and up to the maximum amount of $50,000. ODOT shall not be
responsible for any expenses above the initial deposit of $50,000.
15. College shall, upon receipt of a fully executed copy of this agreement, forward to
City an advance deposit in the amount of $50,000 to pay for its share of the design
and construction of the project.
16. Upon completion of the project and receipt from City of an itemized statement of
the actual total cost of the construction performed by City under this agreement,
ODOT shall pay any amount which, when added to ODOT's advance deposits, will
equal the "Siskiyou Construction Costs," which is defined to be the actual cost of
construction of the work within Rogue Valley Highway (Siskiyou Boulevard) right-of-
way such as signal relocation or construction, island removal or replacement,
pavement, sidewalk and curb costs for engineering, surveying, inspection and
construction. Any portion of ODOT's advance deposit which is in excess of the
Siskiyou Construction Costs will be refunded or released to ODOT.
17. College shall pay a maximum of $50,000 of project costs other than the Siskiyou
Construction Costs as defined in paragraph 15. College shall not pay any amount of
the Siskiyou Construction Costs. Within 30 days following completion of the project,
City shall provide College with an itemized statement of the actual total project costs
other than Siskiyou Construction Costs. if such project costs are less than $50,000,
City shall pay such difference to College within 30 days.
18. To the extent permitted by applicable law including Article XI, Sec. 7, of the
Oregon Constitution and the Oregon Tort Claims Act, City, ODOT and College shall
each be solely responsible for any loss or injury caused to third parties arising from
City's, ODOT's or College's own acts or omissions under this agreement and City,
ODOT or College shall defend, hold harmless and indemnify the other parties to this
agreement with respect to any claim, litigation or liability arising from City's, ODOT's or
College's own acts or omissions under this agreement.
19. The Contractor, its subcontractors, if any, and all employers working under this
agreement are subject employers under the Oregon Workers' Compensation Law and
PAGE 3-INTERGOVERNMENTAL AGREEMENT Jp:ap,"a%udatsasc.k961
shall comply with ORS 656.017, which requires them to provide workers'
compensation coverage for all their subject workers.
STATE OF OREGON, by and through its Department of
Transportation
By .
3 Regional Manager
APPROVED AS TO LEGAL SUFFICIENCY
By
Asst. Attorney General
STATE OF OREGON, by and through the State Board of Higher
Education on behalf of Southern Oregon State College
By
Its
APPROVED AS TO LEGAL SUFFICIENCY
BY
Asst. Attorney General
CITY OF ASHLAND
By
Mayor
By
City Recorder
Reviewed as to content Reviewed as to form
By BY
Director of Public Works City Attorney
PAGE 4-INTERGOVERNMENTAL AGREEMENT (,:agsaJoaotsosc.ksa)
I