HomeMy WebLinkAbout1991-0507 Council Mtg PACKET Important: Any citizen attending Council meetings may speak on any item on the agenda, unless it is
the subject of a public hearing which has been closed. If you wish to speak, please rise
and after you have been recognized by the Chair, give your name and address. The
Chair will then allow you to speak and also inform you as to the amount of time allotted
to you. The time granted will be dependent to some extent on the nature of the item
under discussion, the number of people who wish to be heard, and the length of the
agenda.
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
MAY 7, 1991
I. PLEDGE OF ALLEGIANCE: 7:30 P.M. , Civic Center Council Chambers
II. ROLL CALL
III. APPROVAL OF MINUTES: Regular Meeting of April 16, 1991.
IV. SPECIAL PRESENTATIONS:
1. Proclamation declaring May 10-19, 1991 as "ROTARY
INTERNATIONAL DAYS".
2 . Proclamation declaring May 20-25, 1991 as "NATIONAL PUBLIC
WORKS WEEK".
V. CONSENT AGENDA:
1. Minutes of Boards, Commissions & Committees.
2. Ratification of Historic Commission recommendation to
permit demolition of structure at 867 E. Main St.
VI. PUBLIC HEARINGS: (to conclude by 9: 30 P.M. )
1. Proposed formation of a local improvement district for the
installation of curb, gutter and paving on Lori Lane, north
of Hersey Street.
2. Proposed zone change from R-1 to E-1 on property situated
at 312 Helman Street (Peter VanFleet, applicant) .
VII. UNFINISHED BUSINESS:
1. Report and proposed resolution from Ad hoc committee on
future electrical facilities.
2. Mayor's appointments to Boards, Commissions & Committees.
3 . Request for establishment of permanent Transportation
A Committee.
VIII. NEW & MISCELLANEOUS BUSINESS:
1. Request from Scott Hollingsworth to connect property
outside of city limits to sewer system.
2 . Recommendation from Fire Chief on department reorganization /
and related issues.
3 . Request by Robert Spira for reduced rental rate at Ashland
Community Center.
IX. PUBLIC FORUM: Business from the audience not included on the
agenda. (Limited to 15 minutes)
X. ORDINANCES. RESOLUTIONS & CONTRACTS:
1. Second reading by title only of an ordinance repealing
/ Ordinance Nos. 2112 and 2130 and establishing expanded
emergency water curtailment regulations.
2 . First reading by title only of an ordinance vacating a
Ate" portion of Spring Creek Drive near its westerly terminus,
subject to dedication of land for a cul de sac. (Copies
provided as required by City Charter)
First reading of an ordinance pertaining to vehicular
access to Calle Guanajuato.
First reading by title only of an. ordinance of the City of
Ashland amending the Ashland Comprehensive Plan - Chapter V
- "Population Projections and Growth". (Copies provided as
required by Charter)
t146. First reading by title only of an ordinance amending the
Ashland Comprehensive Plan - Chapter XI - "Energy". (Copies
as provided as required by Charter)
First reading by title only of an ordinance amending
Section 18.24, 18.28, 18.72 and 18.88 "of the Land Use
r Ordinance of the Ashland Municipal Code with respect to
µc implementing recommended programs of the Affordable Housing
Plan, "Affordable Housing in Ashland" . (Copies provided as
required by Charter)
First reading by title only of an ordnance amending chapter
6.04 of the Ashland Municipal Code relative to Business
Licenses. (copies provided as required by Charter)
9. Audit Committee Resolution.
10. Resolution adopting modified sanitary and storm sewer
rates.
Resolution supporting HB 3559 on future road financing.
12 . Contract for Regional Hazardous Materials Emergency
Response Term services.
IX. OTHER BUSINESS FROM COUNCIL MEMBERS
'XII. ADJOURNMENT
MINUTES OF THE REGULAR MEETING
ASHLAND CITY COUNCIL
APRIL 16, 1991
CALL TO ORDER - Mayor Catherine Golden called the meeting to order and led the
Pledge of Allegiance at 7:32 PM on the above date in the Council Chambers. Laws,
Williams, Acklin, Winthrop, and Arnold were present. Reid arrived at 7:40 PM.
APPROVAL OF MINUTES - The Minutes of the regular meeting of April 2, 1991 were
approved as written.
CONSENT AGENDA Winthrop moved to approve all items on the consent agenda and
Arnold seconded. All ayes on voice vote.
PUBLIC HEARINGS
Continuation of public hearing on reconsideration of CUP and Site Review on
remand from LUBA, to allow construction of medical offices at Ashland
Community Hospital. A letter from Jim Watson, Hospital Administrator, was received
requesting a continuation of the public hearing. Williams moved to continue and
Winthrop seconded, all ayes on voice vote.
Continuation of public hearing on proposed methodology for assessing systems
development charges. Almquist pointed out State law basically repeals all the
existing development charges and also requires that the City adopt a methodology.
There are three steps in the process: first reading of the ordinance, adopting a
resolution on the methodology, and setting the fees. The only item under
consideration tonight is the first reading of the ordinance establishing the framework
for future systems development charges. The public hearing was opened. Wes
Reynolds, 1265 Munson, spoke as representative of Parks and Recreation,
recommended one change to the proposed ordinance, Section 4.20.90(D) "Credits",
amend to replace "constructed as part of development and constructed at city
expense" to "provided in conjunction with development and provided at city expense."
The reason for this is that The Parks Commission sees land acquisition is the primary
use for SDCs. He also recommended adding the following paragraph to the
methodology:
The methodology for the Parks and Recreation SDC recognizes the service level
provided on dedicated park land of the City of Ashland. Pursuant to Section
4.20.90(D) of the Ashland Municipal Code, additions to the supply of dedicated
park land or development of planned improvements on dedicated park land are
eligible for credits to be allowed against the Parks and Recreation SDC. Credits
shall only be allowed upon approval of the Ashland parks and Recreation
Commission for completed land acquisition, park development projects as
identified in the Commission's adopted Capital Improvement Plan or the Open
Space Park Program.
Minutes - Regular Meeting - Ashland City Council - April 16, 1991 - P. 1
The Parks Commission believes another Study Session before the City adopts the
methodology would be a good idea. Larry Medinaer, 520 Terrace, represents J.C.
Association of Homebuilders and himself as a developer. He felt it is important that
this does not go down as a straight out flat charge against an individual new
residence. This raises everything $5,000 and the existing housing will follow. Sixty
percent of his business is with new housing. He is against making housing more
unaffordable. He would like to see the cost of expansion of services spread out, i.e., a
use based conservation program whereby the city would determine and average
monthly usage and charge a surcharge for anything above that amount. Another way
to collect the money is to put a lien on the home. He hoped that the City would listen
to the ideas of the association and work with them on alternative methods. Pokey
Roberts, 131 Church, regarding the affordable housing issue, said the average price of
a house in Ashland is $129,310. Least expensive home that would be considered
livable is $60,000. She is concerned with adding $4,500 in systems development
charges. She also noted that if there have been three revisions already, it might be
worth taking the time to look into this and get input from other sources. She fears
Ashland is becoming an elitist community. °Equity, fairness or reasonable° were three
words that came up in the proposal and she didn't feel it was being any of those three
things. Peter Braungr, 11340 Corp Ranch Rd., said the new charges vastly differ from
the old (from about $170 to about $15,088). He's been having trouble finding
commercial space for small businesses looking to move to Ashland. There is a
problem with space, employment and affordable housing. He said adopting this
ordinance tonight would be premature and the City should allow for additional input.
Ed Houghton, 185 Scenic, referenced Proposition 13 in California and felt this was a
similar situation. out of 19 new homes he recently developed, 16 bought locally. If the
city doesn't think this amount of money is not going to make a difference, then it
should call it for what it is, elitist. Buck Munson, 1535 Angelcrest, said developers will
rush to get as many permits as they can before the July 1st deadline, will work through
the summer and then stop doing business because they can't afford to develop in
Ashland anymore and will go somewhere else. He suggested phasing in the fees over
a period of time and allow the developers a chance to assimilate it. Acklin noted that
the adopting the ordinance would set forth process and repeal the existing charges but
would not set any new fees or establish the methodology. Reid asked if the existing
charges were repealed, would there be a void without any charges before adopting
new charges. Almquist said state law provides that all existing fees are defunct as of
July 1st in any case. Williams said the audience needs to talk to the ordinance. Acklin
added that the study session is set for April 30th and the people who wrote the
proposed methodology will be present at that meeting. Richard Everly, 777 Palmer
Rd., new resident and just located his natural foods business here, said it was
expensive to move here. He said the new systems development charges may be just
the thing to push new companies away from locating here. You will end up with higher
fees and less people being able to pay for them and ultimately get less money. Rick
Harris, 4355 Pioneer Road, asked Council to extend public hearing 10 minutes, the
amount of time Council spoke among themselves. He quoted and questioned specific
sections of the ordinance. He noted interpretations should not be left open but
everything should be spelled out. He said Council may have a study session, but will
not be having another public hearing so they should put off having the 1st reading of
Minutes - Regular Meeting - Ashland City Council - April 16, 1991 - P. 2
r
the ordinance tonight. He was concerned with people who have already paid systems
development charges will have to pay again. He also said the ordinance was revised
as late as 3:00 PM today. Steve Morjg, 610 Chestnut, said he already paid SDCs last
year on small subdivision and now is going to be charged again when he gets building
permits for the four lots left. It's like agreeing on a price to do a job, getting paid for
doing the job, and then springing another bill after the work is done. It's not fair and
may not even be legal. Dean Royce, 400 Ashland, people who own unimproved lots
need to be notified of such a public hearing so they are aware of fees they will be
charged for improving the lots. Jerry Toney, 4866 Grant Rd., felt it is not right for a
few people to pay for new the systems, that everyone should pay. Developers are
paying twice, i.e., for parks because they are required to put common space in new
subdivisions. Marcia Mcnamara, 1007 Ashland St., referenced the ordinance, Section
4.20.090, Credits, City should look into lots that are grandfathered in. Arnold moved to
extend the public hearing to 9:00, Laws seconded. Patricia Zoleen, 80 Nutley, felt the
public hearing shouldn't be closed if information has only been available since 3:00
PM. Allow more time to absorb the information. Bob Sullivan, 525 Sheridan St., not
fair that new development has to pay for services that City has let go and deteriorate.
He suggested delaying the adoption until you get more input and get whole city
involved. Mary Lou Gross, President of Ashland Board of Realtors, felt the issue
needs more time. She's concerned about people not being able to afford to live in
Ashland anymore. Darrell Boldt, 1950 Tamarack PI., did not have a copy of the
revised ordinance. He requested to continue public hearing until he and others could
review revised ordinance. John Field, 845 Oak St., felt the facts of the document seem
premature and sudden and wants more time. Steve Asher, 1060 Elkader, wants to see
more documentation on the Parks Department because the people he builds for can't
afford this increase in charges. The public hearing was closed. Reid asked not to
close the public hearing. Golden asked for other opinions of Council. Winthrop said
enough questions were raised regarding the specifics of the ordinance and he is not
prepared to act on the ordinance tonight. Golden said we must give staff specific clear
cut guidance on changes and not just defer. Winthrop said we should go more slowly
and may miss July 1 deadline. Williams agreed and wants to see Mr. Hams' points
clearly diagramed. Winthrop asked how two revisions were made without being public.
Laws said if the ordinance he received 15 days ago was not the same as one in
packet, the changes made by the City Attorney will have to be read out loud. Jill
Turner explained the methodology report was made available to public about two
weeks ago, then the water portion was amended, then the transportation element was
changed and amended again. Arnold talked about procedure, said we should
continue discussion, not necessarily as a public hearing, stay on task in order to have
operative by the 1st of July. The first reading could be second meeting in May,
second reading could be first meeting in June, ordinance would be in place, and could
implement methodology. He suggested adopting that time table and have the study
session on April 30th. Acklin said these charges would not be necessary if Ashland
closed its doors and didn't allow anymore building. We would have to modify Sewage
Treatment Plant to meet DEQ standards but there would be enough water, and
enough land for parks. These charges need to be addressed for future development..
She stressed that it was not to fix ailing infrastructure within the city. This study
appeared as a line item in last year's budget. This Council met in a meeting about this
Minutes - Regular Meeting - Ashland City Council - April 16, 1991 - P. 3
on March 10th and the public was invited. Golden clarified this in no way will become
a source of revenue for open space. Laws said audience should address the issues
how much will new development really cost the city and who should pay for the
growth. Golden urged the audience to get copies of the ordinance and submit
changes to staff as soon as possible. Arnold moved to postpone 1st reading of
ordinance until May 21, and second reading until June 4, and the implementing
resolution on June 18, contemplating a study session on the methodology on April 30.
Laws seconded. The motion carried unanimously on roll call vote. Laws assumed the
ordinance will be sent out 15 days ahead of next meeting. Reid said some charges will
buy into existing systems, and not all are up to date so this needs to be addressed at
the study session.
Report by Brown & Caldwell on five alternatives for meeting EGIC mandates on
nutrient control in Ashland and Bear Creeks - Steve Hall said the actual request to
Council tonight is to receive the report, conduct a public hearing, and then accept it
and the two preferred alternatives. The possible alternative of tying in with TO is still
open and may be the least costly. The City is under mandate from the EQC to meet
new water quality standards relating to nutrients which translates to phosphate, nitrate
and ammonium primarily. Hall introduced John Holroyd and Terry Gould of Brown
and Caldwell. Arnold moved to extend the public hearing until 10:00, Williams
seconded, all ayes. John Holroyd gave the project status: program plan, first staff
review, first council review, second staff review, and DEQ review. The City needs to be
in compliance by December 31, 1994. The alternatives were detailed on wall as
follows: Alt. 1 is to abandon existing Treatment Plant and all flow would then go to
Medford for treatment. Alt. 2 is a higher level of treatment then we are currently
receiving, 2A includes spray irrigation on City purchased land during summer and
winter discharge to Medford through the Bear Creek sewer, 2B would take that treated
effluent to Medford year round. Alt. 3 is another increment of higher treatment that
allows discharge through Bear Creek only in Winter, 3A has summer spray irrigation,
winter discharge to Bear Creek with wetland discharge option, 3C has summer
discharge to Medford and winter discharge to Bear Creek and we will add Alternative
36, TO disposal option, summer spray irrigation and winter to Bear Creek; Alt. 4 is the
most complex, provide highest level of treatment and year round discharge to Bear
Creek. The cost evaluation includes three components: capital cost, annual cost and
total present worth. Analysis shows under present worth that Alt. 3A and 1A are
essentially the same in cost, $21-23 million. Alt. 4 is at $33 million. The environmental
evaluation criteria includes air quality, noise, wetlands, and Bear Creek fisheries. The
engineering/institutional evaluation criteria include flexibility, reliability, use of existing
facilities, and implementation. Potable water evaluation criteria include Ashland source
and Talent source. Land that we are considering for purchase for effluent application
has Talent Irrigation District water rights currently, and there is hope that that land and
their water rights could be transferred to potable water needs. If that is possible, it
reflects a very positive value as a resource. The Talent source is a reflection on the
fact that any alternative that takes water out of Bear Creek potentially will impact
Talent's water supplies. Alternatives is & 3a are the recommended alternatives but we
need to determine which is most appropriate. Recommended actions for Alt. is is to
resolve the fisheries concerns. The City, B&C/DEQ and the Dept. of Fish and Wildlife
Minutes - Regular Meeting - Ashland City Council - April 16, 1991 - P. 4
will meet together to discuss this issue. We also need to investigate effluent water
rights; the recent legal challenges and concerns may indicate the City may not have
complete control of its effluent. Laws was concerned with continuing public hearing
after 10:00 PM. The Public Hearing was open. Phil Clark, 2981 Tolman Creek Rd.,
wondered why Alt. is and 3a is preferred. Laws said it was the cost issue. Clark
encouraged Council to consider the moral imperative of taking water from a natural
eco system and not putting it back in as close to the source as reasonable. The
Public Hearing was closed. Holroyd continued the report with recommended actions
for Alt. 3a. We need to resolve fisheries concerns, besides low flow during the
summer, the effect of pH during the winter which DEQ is concerned about. The City
needs to assist DEQ with TMDLs, help identify the components of a discharge permit,
pursue TID reuse, pursue potable water rights. Holroyd recommended starting with
the compliance date (12/31/94) and working backwards in order to see when key
elements need to happen. Golden questioned if the City purchased land and irrigated
with Ashland effluent, would that land come with water rights to replace the water
which is no longer being put in the creek? Holroyd said that was the potential.
Williams said the difficulty would come in that time period when TID turns the water off.
Laws said we need to know whether that will provide enough water to meet the fish
needs and would the same standards be required if we spread the effluent onto soil
instead of putting it into the creek. Holroyd said you need to consider what to do in
the winter. There are more stringent requirement during the summer and that's the big
push for Alt. 4 and the big cost difference between 3 and 4. Reid asked for,
background figures what the treatment plant puts into Ashland Creek and what
Ashland Creek is to Bear Creek. The lowest flows in Ashland Creek are during the
early Fall/Winter months when TID quits flowing water in the stream. At that point,
Ashland Creek is the bulk of the flow in Bear Creek. Holroyd said the DEQ claims they
have recorded a Dec. flow of 3 cis and if that's correct, that means all the flow is
Ashland treatment plant effluent. Reid wants to see a composite tally of Alternatives.
Winthrop noted cost analysis of Alt. 2a and 2b, has the same fee but provide different
services. On page 9-15, Wetlands are still in there for $200,000, is this an oversight.
Holroyd confirmed and said it should be removed. Winthrop was concerned if we go
with option 1, could we inherit Medford's headaches if they, in turn, need to comply
with DEQ. Williams said that's why the cost of 1a took a big jump. Winthrop
complimented Holroyd for his clear presentation. Klaus Vanderpool, Representative of
the League of Women Voters, spoke off the record about the impacts that Alt. 1 and
3a will have on water rights? He also spoke on the issue to replace the roof on the
anaerobic digester and suggested it could be postponed. Hall said there are large
cracks and movement in the roof of the digester and are leaking methane gas and
they have concerns. They plan to drain it down next spring or maybe this winter. Reid
noted it was in the budget for this year.
Golden asked what action staff wanted of Council. Hall asked that Council approve
Alternatives is & 3a (and keep 3b and 4 in wings) to stay on deadline. Winthrop so
moved and Arnold seconded. Laws opposed Aft. 1a. Reid felt too many questions
were still unresolved. Winthrop understood that his motion is to follow up what's on
page 9-48 to clarify issues regarding Alt. 1 and 3a, and not giving green light to
proceed. Laws moved to amend the motion by striking 1a. Reid seconded for
Minutes - Regular Meeting - Ashland City Council - April 16, 1991 - P. 5
discussion. Arnold said is should not be eliminated and didn't agree with Laws'
analysis. Call for question on amended motion. Laws and Reid voted yes and
Williams, Acklin, Winthrop and Arnold dissented. Acklin is for Aft. is and 3a and
wants to keep options open. Call for question on original motion which carried on roll
call vote with Reid dissenting.
Recommendation from the Parks and Recreation Commission regarding
dedication of land for Open Space Program. Laws moved to approved
expenditure, Reid seconded, the motion carried unanimously on roll call vote.
NEW & MISCELLANEOUS BUSINESS
Mayor's Appointments were postponed until next meeting.
Report from committee appointed to review requirements for City Attorney. Reid
wanted to put off until questions could be answered. Almquist said we would be losing
Roy Bashaw and need to act now. Reid asked about alternatives. Acklin said the
committee thought the scope was too broad. Golden explained that there was talk
about combining an Asst. City Administrator with the City Attorney as Grants Pass did.
There was concern that Ashland could not afford or have enough work to pursue that
route. It might serve the City well to combine an existing position with the City
Attorney but Almquist did not agree. Reid said 7 yrs ago Almquist came up with the
idea. Golden suggested the RFP include a request for someone with managerial
experience, which would plant the seed for potential application for attorney with that
background. Reid asked how long would the contract be and Almquist said it was
open ended. Almquist said Item 6 already includes that. Winthrop said attendance of
Planning Commission should be included in the RFP. Winthrop moved to continue,
Reid seconded, all ayes. Winthrop moved to accept the RFP with addition that
Attorney be required to attend full Planning Commission meetings. Reid seconded.
The motion was denied with only Reid and Winthrop voting yes. Williams moved to
accept the RFP as proposed, Arnold seconded, the motion carried with Reid
dissenting.
Proposal by Carole Wheeldon that City Council establish permanent
transportation committee. Arnold moved to postpone until next meeting and
Winthrop seconded, the motion carried on roll call vote.
Report from committee appointed to review general requirements for siting of
electrical facilities. Golden thanked committee volunteers who put in a lot of time
and effort. Cate Hartzell requested to postpone the issue because of the late hour.
Laws sympathized, but the City is under time constraints on the construction of a new
substation and would like to review the committee's proposed guidelines before
proceeding. Acklin said for the record that the committee discussed at length to keep
and accurate record of people's names and to keep on file the audio tapes. Hartzel
gave presentation of Committee recommendations and a copy of that transcript in on
record. Lisa Sebrell, 271 N: Mountain, asked what happens if we don't reach the goal
of 2.5 milligauss from the fence line but how can that be enforced? She also felt
slighted for not being allowed on the committee because it was felt she was too
Minutes - Regular Meeting Ashland City Council - April 16, 1991 - P. 6
involved. This charter amendment might not have gone through if they felt they were
being listened to. She felt the City uses scare tactics. Mark Murphy, 492 Linn Street,
concerned with document and siting because there are no mechanisms to enforce
anything it says. He felt the specific site on Mountain has more problems than has
been brought to light and not one house or one life should not be sacrificed for any
substation. Two houses will have to be condemned in that location. Alternatives are
available. He asked that Council look at sites without residences nearby. He
recommended City property behind warehouse. Shawn Weise, naturopathic doctor
and acupuncturist, thanked Council for raising the awareness of EMFs but felt if 2.5
milligauss is dangerous, we should strive to get it lower. He suggested leaving a 50%
margin of error. Winthrop asked him if he had any expertise in epidemiology and the
answer was no. Betty Camner, 868 8th St., asked what the importance of the report
was? Acklin moved to continue, Reid seconded, all ayes. Camner asked if these
recommendations of the committee were guidelines and would they be sent out to all
homes? Acklin said it directs City staff in the kinds of techniques we want them to use
when we design or look for a site. Camner said the resolution was full of shoulds and
mays which are vague. She also noted that "existing homes° were not listed in Section
4(A). Acklin noted they are covered in D and E. Camner felt Council and BPA were
acting in everybody's best interest because none of them are directly affected by this
location of the substation. She accused that people are not beyond deceiving when it
comes to moving things along. She said that a lot of work has been done to come up
with alternative sites and nobody seems to care to look at them. Winthrop asked why
they were not presented to Council. Ron Thurner stood up and said he did present an
alternative report to Al Williams and Lou Driessen, BPA, and wasn't aware that the
Council would be interested in seeing them. Winthrop said they are doing their best to
resolve the issues brought upon them. He gets tired of hearing the Council be
accused of not listening or responding. Thurner said the health issues may not evolve
around EMF itself but the committee focused on it and was even called the EMF
Committee. If you want to tighten up or create a site guideline, it needs to be
predicated on distance, and the EMF document sets no rule on enforcement. He
believes a 500-600 foot minimum for siting a substation would be a real good starting
point. Golden noted that some of the comments about Phil Clark and Eric Wallbank,
members of the committee, should not have been involved in the process because
they live outside the city limits were unwarranted. Eric was the one who originally
came to her with the idea. From the beginning the issue was health standards, not
siting. Both people were concerned with the issues as hand and committed to the
committee. Lou Driessen, BPA, has been working with this issue for several years in
Oregon and Washington. Both states have had special committees and have been
unable to come up with any conclusory details as far as what level is a safe level. The
2.5 milligauss is the suggested safe level. He suggested eliminating sites by the
Freeway or further out from town by putting these 2.0 or 2.5 milligauss limitations on
these lines. Ann Bass 270 8th St., said go with more stringent levels of EMFs, is fairly
pleased with direction of the committee, and concerned with enforcement questions.
Winthrop said this is sufficiently complicated and wants more discussion before voting.
Golden suggested turning over changes to the resolution to staff. Arnold agrees to
more discussion. Laws confirmed. Acklin said she would like to see Council submit
written comments to Roy Bashaw. Arnold said it needs to be done in public forum.
Minutes - Regular Meeting - Ashland City Council - April 16, 1991 - P. 7
Golden asked for a consensus to continue this issue at the next meeting and all
agreed.
Request for authorization to sign 3-year contract with Coopers and Lybrand for
audit services. Winthrop moved and Arnold seconded, and the motion carried
unanimously on roll call vote.
ORDINANCES, RESOLUTIONS AND CONTRACTS
First reading by title only of ordinance establishing expanded emergency water
curtailment regulations. Williams moved passage to second reading and Arnold
seconded, and the motion carried unanimously on roll call vote.
ADJOURNMENT - The meeting was adjourned at 12:00 Midnight.
Minutes - Regular Meeting - Ashland City Council - April 16, 1991 - P. 8
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47
A
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prodamatwn
WHEREAS, Rotary Internat ional is a service organization of
business and professional leaders united worldwide; and
EREAS, Members of Rotary International conduct humanitarian
projects, encourage high ethical standards in all
vocations and work toward world understanding and
peace; and
[WHEREAS Rotary International has been active in these
commendable endeavors statewide for over 80 years; and
WHEREAS, Over 8, 500 members in 117 clubs now form Rotary
International District 510 in Northern Oregon and
Southern Washington and District 511 in Southern Oregon
11 and Northern California; and
- , ,.- WHEREAS, Rotary District 511 will convene its annual conference
in Ashland, Oregon, May 17-19, 1991.
NOW THEREFORE, I, Catherine Golden, Mayor of the City of Ashland
do hereby pro claim May 10-19, 1991, as:
11ROTARY INTERNATIONAL DAYS"
Nfi n
oin Ashland and encourage all citizens to join in this observance
fi " and to welcome Ro tarians from District 511 to our City.
rte
Dated this day of 1991
4tatherine M. Golden, Mayor
Nan Franklin, City Recorder
IT
—---------
W
n a i n „ n n •� r
H :
y
f J�n i/flj{�`:\ h I i 1Jl 4.a ✓ ! _r/,`.._."1 ! : .°� l , .,�°t Y /, r mil, %''s ! l •��' /t�{\��4".Li))IS
jaclttmatwn
{ P°WHEREAS, public works services provided in our community _
r,) are an integral part of our citizens' everyday
lives; and
I � iU �_" I.. � S;
WHEREAS, the support of an understanding and informed
citizenry is vital to the efficient operation of
public works systems and programs such as water,
sewers, streets, storm drains, equipment, the
€flj)) municipal airport, and snow removal; and
i-,€�)1ap�F7HEREAS, the health, safety, and comfort of this community
* ;
�•••-- ' greatly depends on these facilities and services; y,
and t _c<
- s' EREAS, the quality and effectiveness of these facilities, ice'
a as well as their planning, design, and
`)i)i construction, is vitally dependent upon the
efforts and skill of public works .officials; and
EREAS, efficiency of the qualified and dedicated n1`
personnel who staff public works departments is s
„<
materially influenced by the people's attitude and
understanding of the importance of the work they ,Io /i,
perform,
)�11
NOW, THEREFORE,THEREFORE, I, Catherine M. Golden, Mayor of the City of
Ashland, do hereby proclaim the week of May 20th 11
through May 25, 1991, as
NATIONAL PIIBLIC WORKS WSBR
in the City of Ashland, Oregon, and I call upon all
+ ; citizens and civic organizations to acquaint themselves
with the problems involved in providing our public
works and to recognize the contributions which public �_= c
works officials make every day to our health, safety,
i and comfort. •�f
`)> Given under my hand and the Seal of the City of Ashland this <
day of May, 1991. '
Catherine M. Golden, Mayor
ii
sl`)) ATTEST: r'
M.`c l� "S"�����/�•-�" . i J,'� \,i�/v ¢a/ � ta1 t z'j!( i`~ A e' u��iy l��1 ;a 't ��'����� i
A.Fmu rum
i riRV ..•.K , . .. �V\n , rOq; 0l llp 0!
OF AS&.
Pmorttndnm
;.er0oa May 2, 1991
D: Mayor and City Council
(19 rom: Ashland Historic Commission
"iubjPrt: DEMOLITION REQUEST FOR 867 EAST MAIN
STREET
The Ashland Historic Commission has agreed the house at 867 East
Main Street is not structurally sound and because of insect infestation,
should be demolished.
Contractor Clay Colley has presented a set of plans which resembles
the existing house. The Commission approved these plans and agreed
the house will be compatible with the neighborhood.
Attached are criteria submitted by Clay Colley, the Cultural Resource
Inventory Survey Form completed by Kay Atwood in November of 1988
and the evaluation/rating sheet which she used in determining the final
score. Also attached is a letter from John Great, Building Inspector.
Photos of the deteriorating house are enclosed.
EVALUATION CRITERIA FOR MOVING/DEMOLITION
IN THE ASHLAND HISTORIC DISTRICT
The following is a list of questions to be answered when applying for a permit to either
move or demolish a structure in the Ashland Historic District:
1) What is the address of the structure? 8(a7 r�IAI AJ ST.
2) What is the age.of the structure? 87 V6vgZ5
3) If the structure has been included on the Heritage Landmarks List, what is its
ranking (Primary, Secondary, Compatible or Non-contributing)? Scon�Dnzv
4) What is its overall point rating? g8
5) What are the ratings in the Architectural, Environmental and Historical categories?
/3 9 2(P
6) If this is a primary or secondary structure, what are the reasons behind the request
for this moving/demolition permit? 5o TNT THE 5/T& mAY B& 64, e
FO2 P6PGRe6nY&N! oc THE 14otwE, 5/M/Mtt NJ. APVc-AaWtL 1117NE 5Nn7E
7) What is/are the specific section(s) of the Ashland City Code which'are being cited ���
as reasons for the move/demolition? //(/56GT 1kJFE57'x1-1oAJ $ TyPr, or coNSTRVc
/op rrlBlUn16 7/rt N41116 114PUss/&.E 70 12RiSE:(6,12OEZ5 tp7TE0 /A/ THE.OieT
8) What is the current zoning of the structure? 2-2,
9) If it is to be moved, what is the zoning into which it will be moved?
/)/,4
The following is a list of the criteria used to evaluate the merits of granting a
moving/demolition permit in the Ashland Historic District:
1) Does the structure meet the minimum criteria adopted for inclusion on the final
Heritage Landmarks List? yE5
2) Is the building structurally sound? Has it been condemned? Can the structure
be restored for costs comparable to constructing a new building of the same size
and value? 7NE c3U/UD//tk 15 N� STCTVi�ALLY SoJ�� GDn1STeucTiC�
CU575' tUOCk r� B� 5/GN/G/��L�/ N/6pFJZ ' TN/onJ N NEIL YUIGGy/-�
3) Do the existing configuration of the house and the uses permitted in the zone make
the retention of the structure unfeasible and an unreasonable hardship on the
property owner? yE,5
4) Why is it necessary to move or demolish the structure? POAIVa-E- rV 'TNE Noh/E-
5) How will moving or demolishing this structure contribute to the historic character
of the neighborhood? /T cUlGc ioUE A�/ Y�5ev2Z o/s !� m�/�
,7,6V-T c7i 8E R6-k-4, �9O UIrK A /✓£d, l 57nUG7<1/eC PWIZ 72
RE_5&jIez�c 7kE o6D /�Od5E /.cl
OlZO.e5 .- TO BZZF- UltT—R 77/t-1 .vim/G/f iZ/oor�
6) What will replace the structure if it is moved or demolished? A NEUJ :7
7) What impact will this new use of the property have on the historic character of the
neighborhood? ✓-�,/ Lr 77-tF-
8) If the structure is to be moved, what impact will the building have in its new locale?
/,)/A
9) If left in pia e, what use could the structure be put to in its current zone?
10) If the structure is to be moved, will it be restored? Briefly, how will the restoration
be accomplished?
11) If the structure is to be demolished, will the materials be recycled? As MucG '
12) What effect will the move have on the structure's chances of being included on the
National Historic Register? A1
1A
13) If this is a proposed move, what will become of the structure if the application is
denied? NIA
14) Based on the numerical ratings, are there compelling arguments with regards to
Architecture, Environment, or History which would be grounds for denying a
moving or demolition permit? Abp
ASHLAND CULTURAL RESOURCE INVENTORY
SURVEY FORM
COUNTY: JACKSON
IDENTIFICATION:
Hist . Name Potter, S . A. House Date of Construction : 1908 (est . )
Coiimon Name: Original Use: Residence
Address : ast M a__1 n__S treet Present Use: Residence
Ashland Oregon Architect :
owner: Steeck. Herman Builder: r Samuel A
P .O . Box 789 Style: VPrDAC111 Pr
Medford Oregon x Bldg. _Struc . _Dist . Obi .
T/R/S: 39S R1E 9AG Ranking: SPrnndary
Map No: 9 AC Tax Lot : 10000
Addition : Railroad (1884)
Block: T Lot : 2,Q.ZQuad: Ashland
THEME:
Statewide Inventory of Historic Properties Theme: 6d.
Archaeology _Industry _Mining
Agriculture _Military —Social/Education
x Commerce —Politics/Government—Transportation
Exploration and Settlement _Religion _Other
DESCRIPTION:
Plan Type/Shape: L-shaped No. of Stories : One
Foundation .Material: Concrete Basement(Y/N) : crawl spare
Roof Form and Material: Hip composition shingle
Wall Construction: Frame Structural Frame:
Primary Window Type: One-over-one double hung sash
Exterior Surfacing Materials : Horizontal beve ed -
Decorative Features :
Other:
Condition : Excellent x Good _Fair Poor _Moved(Date)
Exterior Alterations/Additions (Dated )
Noteworthy Landscape Features :
Associated Structures : Detached garage
Known Archaeological Features :
Negative No: Roll 26-26 Recorded By: ClayJAtwdod
Slide No: Date : 27 April 1984114 November 19 8
SHPO Inventory No:
131
SETTING:
This single story dwelling stands on Lots 20 and 21, Block T of
the Railroad Addition to Ashland, Oregon. . The house is
situated on the north side of East Main Street , between Seventh
and Eighth Streets .-
SIGNIFICANCE:
Samuel A. Potter, of the firm Lindsay and Potter, and later ,
S.A. Potter and Son, bought the pertinent lots from J. H. Hensley
in October 1908 . Shortly after he probably, constructed this house
for his father and mother, Sylvester and Ailey Potter. Samuel
Potter, born in 1858 in New York had come- •to.Ashland about 1900
to work as a laborer on the Railroad. Potter was a cement contractor
by 1912 and that year built the Potter Rooming House on Fourth
Street . He sold this house to J.E. Aylward for $1500 in
July 1910.
t
SOURCES CONSULTED:
Jackson County Deed Records , Volume 71 , page 56
Jackson County Deed Records , Volume 82, page 261
R. L. Polk and Co . 's Ashland City Directory, 1906
Polk's Jackson, Josephine and Douglas County Directory,, 1910
U.S . Federal Census (Jackson County) 1900;. 1910
ASHLAND CULTURAL RESOURCE INVENTORY
SURVEY FORM
Name: Potter, S . A. House T/R/S: 39S R1E 9AC
Address : 867 East Main Street Map No: 9 AC Tax Lot : 10000
Ashland Ore on Quadrangle: Ashland (1953)
ly °• 1 ,� `
iya
Slide No. :
Negative No. : Roll 26-26
ryj
{per>�� ^ _� 2 / �. (� ��+• ' �'''
W l 10 �Y S
A-0 co '.�y 22/2!24
KA 10
;2 Off
23 04W46
1�
Graphic and Photo Sources : City of Ashland Topographic Map ;
Jackson County Assessor Map
SHPO Inventory No. :
131
• ASHLAND CULTURAL RESOURCE INVENTORY
Evaluation/Rating Sheet
Architecture SITE NUMBER
735 possible points )
ADDRESS �T- M11,T4,
A. Style
E FINAL SCORE
VG
G Z RANK 4e
J F/P
B. Design/Artistic Quality .
E
VG
/ G
F/P
-�
C. Materials/Construction
E
VG
2 G
F/P �( _...
D. Integrity V6
E
VG
J G
F/P
E. Rarity History
E (44 possible points )
VG
F/P Ti— A. Person
environment VG
( 21 possible points ) 1 G
F/P.,
A. Landmark
E B. Event
VG E
= G VG
F/p G
J F/P
B. Setting C. Patterns
E E
i VG /a VG —
F/P `1 F/P
C. Continuity
E D. Information
VG T E
G -T— VG
F/P G
T
F/P
(\L(? l
CITY OF ASHLAND (
CITY HALL
ASHLAND,OREGON 97520
telephone(code 503)482-3277
To Whom. It May Concern:
Inspection of the existing structure at 867 East Main street
reveals multiple defects and deficiencies. This type of vintage
structure does not reflect accepted building design.
Portions of the structure are in contact with the ground. The
building is not structurally sound and there is evidence of
insect damage. Dry rot, together with nonconforming plumbing,
electrical wiring, and mechanical are determined not to be cost
effective to remodel.
I am therefore in agreement with contractor Clay Colley that the
structure should be demolished.
John Great
Building Inspector
aEAS If,
o,. c� Emax � 2tr� � m .
March 14, 1991
GREGG�
Steve Hall, Jill Turner
?ilram: Jim Olson, Asst. City Engineer
1t�2iQt Proposed Improvement of Lori Lane
GENERAL
We have recently received the last of the series of
petitions , calling for the improvement of Lori lane between the
Glennvista Estates improvements and Hersey Street.
The petition contains five names representing the following
lots:
39 lE 5DA 300, 301, 2701, 2800, 3000 and
39 lE 5DAD 90, 001, 90, 002, 90,003, 90, 004
These lots constitute 100 Percent of the proposed assessment
district.
It is proposed that this project be included with the 1991
Street Improvement Project which at this time includes only
Ashland Loop Road. Construction could begin early this summer.
DESCRIPTION OF IMPROVEMENTS
The proposed improvements to consist of an improved section
24 feet wide with curb and gutter on both sides. The main
portion of the street to be 24 feet wide (no on street parking)
with the north curb flaring to 28 feet wide at its connection to
Hersey Street. The proposal shall provide driveway openings for
Glennvista Estates, Phase II along the north side. Storm drain
and catch basin construction will be included into' the project.
The estimated cost of the project is $27, 600 or $35.00 per front
foot.
PRELIMINARY REQUIREMENTS
The water line (installed by Lloyd Haines under Glennvista,
Phase I) should be extended and connected to the line in Hersey
Street which was extended beyond the street improvements by the
Water Department. Although a portion of this extension will be
required by the development of Glennvista II, the remainder would
be a City responsibility.
ORDINANCE NO.
AN ORDINANCE AUTHORIZING AND ORDERING THE IMPROVEMENT OF LORI LANE
BETWEEN HERSEY STREET AND EXISTING IMPROVEMENTS AT GLENNVISTA
ESTATES BY CONSTRUCTING CURBS, GUTTERS, ASPHALT PAVING AND STORM
DRAINS AND , AUTHORIZING THE ASSESSMENT OF THE COST OF THE
IMPROVEMENTS AGAINST PROPERTY TO BE BENEFITED AND PROVIDING THAT
WARRANTS ISSUED FOR THE COST OF THE IMPROVEMENT BE GENERAL
OBLIGATIONS OF THE CITY OF ASHLAND.
WHEREAS, The Council has declared by Resolution 91-09 its intention
to construct the improvements described in substantial accordance
with the plans and specifications and to assess upon each lot or
part of lot adjacent to and benefited by the improvement its
proportional share of the cost of the improvement as provided by
the Charter of the City of Ashland; and
WHEREAS, notice of such intention has been duly given and published
as provided by the Charter and a public hearing was held and it
appears to the Council that such improvements are of material
benefit to the City and all property to be assessed will be
benefited to the extent of the probable amount of the respective
assessments to be levied for the costs;
THEREFORE, THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
Section 1. It is ordered that LORI LANE BETWEEN HERSEY STREET AND
EXISTING IMPROVEMENTS AT GLENNVISTA ESTATES be improved by the
construction of curbs; gutters, asphalt paving and storm drains in
substantial conformance with the plans and specifications adopted
and on file in the office of the Director of Public Works and that
the cost be assessed upon each lot or portion of lot adjacent to
or benefited by such improvement as provided by the Charter of the
City of Ashland.
Section 2. Warrants for the construction of the improvement shall
bear interest at the prevailing rates and shall constitute general
obligations of the City of Ashland and the warrants shall be issued
pursuant to and on the terms and conditions in ORS 287 . 502 to
287 . 510 inclusive.
The foregoing ordinance was FIRST READ on the 7th day of May, 1991
and duly PASSED and ADOPTED this 21st day of May, 1991.
Nan E. Franklin, City Recorder
SIGNED and APPROVED this day of May, 1991.
Catherine M. Golden, Mayor
'• of A%,�`°.,t
AiemvranAum
April 12, 1991
' .OREGO.,
II� Brian Almquist, City Administrator
Steven Hall, Public Works Director �, -
�rum:
�Cu��Pti_ Lori Lane Proposed LID
p�
ACTION REQUESTED
+ City Council conduct remonstrance/public hearing.
+ City Council adopt attached ordinance forming the Lori
Lane local improvement district.
BACRGROIIND
City Council adopted Resolution 91-09 on April 2, 1991 setting a
public hearing to hear comments and remonstrances for the
proposed local improvement district (LID) on Lori Lane.
Notice was delivered and published as required by City Charter
and the Oregon Revised Statutes.
100% of the abutting and affected property owners have signed
petitions requesting the improvement.
The project will complete the improvements for the full length of
Lori Lane as the first phase was completed as a requirement of
the condominium development on Glenn Street.
The attached memorandum from Jim Olson, Assistant City Engineer
will provide the detailed information of the proposed LID.
cc: Jim Olson, Assistant City Engineer
Pam Barlow, Administrative Assistant
encl: Ordinance
Olson Memorandum w/attach.
Resolution 91-09
Notice of Hearing
Lori Lane
March 14, 1991
Page Two
ACTION REQUESTED
Set a date for a public hearing to form an assessment
district to improve Lori Lane from Hersey Street westerly to the
end of paving.
Attachments:
Petitions
Estimate Sheet
Assessment District Sheet
Map
cc: Lloyd Haines
Dennis Barnts
Jerry Glossop
Everett Swain
SCALE; 1"=100'
39 �E SDAA SaT.
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' Proposed Street {
fto
Improvements
w o 12 0
°234 LIMIT OF PROPOSED.:
m 5 44 m -.. 39/ �� ASSESSMENT DISTRICT
1004
so pp
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co HERSEY ST. o So1' 50,2
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PROPOSED LORI LANE ASSESSMENT DISTRICT
LORI LANE
PROPOSED ASSESSMENT DISTRICT
% OF
MAP NO. LOT NO. FRONTAGE FRONTAGE OWNERSHIP
39 lE 5DA 300 224.84 ft. 28.47% Lloyd M. Haines
290 N. Main St.
Ashland, OR 97520
39 lE 5DA 301 169.97 ft. . 21.52% Allen Drescher
P.O. Box 760
Ashland, OR 97520
39 lE 5DA 2701 100.00 ft. 12 .67% Thomas Kennedy
P.O. Box 790
Ashland, OR 97520
39 lE 5DA 2800 100.00 ft. 12. 67% John/Cheryl Coldwell
750 Park St.
Ashland, OR 97520
39 lE 5DA 3000 100.00 ft. 12 :67% Phillip/Luella Bryant
437 Morton St.
Ashland, OR 97520
39 lE 5DAD 90001 23.7325 ft. 3. 00% EHK Investments
P.O. Box 68
Ashland, OR 97520
39 lE 5DAD 90002 23 .7325 ft. 3 .00% Same as above
39 lE 5DAD 90003 23.7325 ft. 3.00% same as above
39 lE 5DAD 90003 23.7325 ft. 3. 00% Same as above
TOTAL 789.74 ft. 100.00%
LORI LANE
ESTIMATED COST PER LOT
EST. COST
MAP NO. LOT NO. FRONTAGE PER FT. AMOUNT
39 lE 5DA 300 224.84 ft. $35.00* $7,869.40
39 lE 5DA 301 169.97 ft. of 5,948.95
39 lE 5DA 2701 100. 00 ft. . " 3,500. 00
39 lE 5DA 2800 100.00 ft. " 3,500.00
39 lE 5DA 3000 100.00 ft. " 3,500.00
39 lE 5DAD 90001 23.7325 ft. " 830.64
39 lE 5DAD 90002 23.7325 ft. " 830. 64
39 lE 5DAD 90003 23 .7325 ft. " 830.64
39 lE 5DAD 90003 23 .7325 ft. $35.00 830.64
TOTAL 789.74 ft. $27, 640.90
* Estimated cost only, assessment will be based upon actual costs.
April 12, 1991
REGG
a: City Council
(29 ram: Planning Staff
p�ltajPtf: Planning Action 91-029 -- Zone Change 312 Helman St.
Please schedule a public hearing on the above planning action. A copy
of the recommended findings adopted by the Planning Commission is
enclosed. A specific public notice for mailing for the City Council will
be prepared based upon the hearing date. All other relevant
information regarding this zone change request will be made available
prior to the scheduled Council meeting.
Thank you.
+ x
Contents of Record for Ashland Planning Action 91-029
-- Notice Map for Public Hearing before Planning Commission 3/12/91 1
-- Findings of Planning Commission Decision, 3/12/91 2
Planning Commission Minutes, 3/12/91 5
-- Planning Department Staff Report, 3/12/91 7
- Vicinity Map Designating Zoning 11
-- Applicant's Proposal and Exhibits 12
-- Topographic Map 40
-
41
Application Form
Notice is hereby given that a PUBLIC HEARING specify which ordinance cri terion the objection is based on alsoprecludcs your
right of appeal to LUBA on that criterion.
on the following request with respect to the
ASHLAND LAND USE ORDINANCE will be held A copy of the application, all documents and evidence relied upon by the
applicant and applicable criteria are available for inspection at no cost and will
before the ASHLAND PLANNING COMMISSION be provided atteawnable cost,if requested. A copy of the staff report will be
on the12TH DAY OF MARCH, 1991AT 7:00 P.M. available for inspection seven days prior to the hearing and will be provided at
reasonable cost, if requested. All materials arc available at the Ashland
at the ASHLAND CIVIC CENTER, 1175 East Main Planning Department,City Hall,20 Fast Main,Ashland,OR 97520.
Street,Ashland, Oregon. During the Public Hearing,the Chair shall allow testimony from the applicant
and those in attendance concerning this request.The C hairshall have the right
The ordinance criteria applicable to this application arc attached to this notim to limit the length of testimony and require that comments be restricted to the
Oregon law states that failure to raisean objection concerning this application, applicable criteria.
either in person orby letter,or failure to provide sufficient specificity to afford
the decision makeran opportunity to respond to the issue,precludes your right If you have any questions or comments concerning this request,please feel free
of appeal to the Land Use Board ofAppeals(LUBA)on that issue. Failure to to contact Susan Yates at the Ashland Planning Department,City Hall,at488-
5305.
NOTE: This request will also be reviewed by the Citizens Planning Advisory Committee at 7:30 p.m.,
March 11, 1991 at the Ashland Civic Center, 1175 East Main Street, Ashland, Oregon.
fir..
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PLANNING ACTION 91-029 is a request for a Zoning Map Change and Comprehensive
Plan Map change from R-1 to E-1, and a Conditional Use Permit application for a
Travellers Accommodation for the property located at 312 Hellman Street. Comprehensive
Plan Designation: Single Family Residential; Zoning: R-1-5; Assessor's Map #: 4CD; Tax
Lot: 1100.
APPLICANT: Peter VanFleet
BEFORE THE PLANNING COMMISSION
March 12, 1991
IN THE MATTER OF PLANNING ACTION #91-029, REQUEST FOR A_ )
ZONING MAP CHANGE AND COMPREHENSIVE PLAN MAP CHANGE ) FINDINGS,
FROM R-1 TO E-1 FOR THE PROPERTY LOCATED AT 312 HEIMAN. ) CONCLUSIONS
APPLICANT: PETER VanFLEET ) AND ORDERS
e
RECITALS:
1) Tax lot 1100 of 391E 4CD is located at 312 Helman Street and is
zoned R-1-5; Single Family Residential.
2) The applicant is requesting a Zoning Map and Comprehensive Plan
change from R-1 to E-1. A site plan is on file at the Department of
Community Development.
3) Type III amendments may be approved when one of the following
conditions exist:
a) A public need, supported by the Comprehensive Plan.
b) The need to correct mistakes.
C) The need to adjust to new conditions.
d) Where compelling circumstances relating to the general public
welfare require such an action.
4) The Planning Commission, following proper public notice, held a
Public Hearing on March 12, 1991, at which time testimony was received
and exhibits were presented. The Planning Commission recommended
approval of the application subject to conditions pertaining to the
appropriate development of the site.
Now, therefore, The Planning Commission of the City of Ashland
finds, concludes and recommends as follows:
SECTION 1. EXHIBITS
For the purposes of reference to these Findings, the attached index
of exhibits, data, and testimony will be used.
Staff Exhibits lettered with an "S"
Proponent's Exhibits, lettered with a "P"
Opponent's Exhibits, lettered with an "O"
Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an
nMn
SECTION 2 . CONCLUSORY FINDINGS
2.1 The Planning Commission finds that it has received all
information necessary to make a decision based on the Staff
Report, public hearing testimony and the exhibits received.
2.2 The Planning Commission finds that the request for a Zoning
Map and Comprehensive Plan change from R-1 to E-1 is justified
based on the existing need to adjust to new conditions.
This corner is surrounded by commercial/industrial zones. Directly
south and southwest, across Hersey Street, the properties are zoned
M-1, Industrial. Directly west is E-1 zoned property. Therefore,
three of the four corners of the intersection of Hersey and Helman
Streets are zoned commercial/industrial.
The Commission believes that since the time that the zoning for
this area was adopted as part of the comprehensive plan process in
1981, significant changes in the area have occurred. These include
the following:
1) Increase in the number of employees in the immediate area by
approximately 377% (31 to 117) .
2) The associated increase in commercial activity indicated by
the increase of employees.
3) The full paving with curb and gutter of Hersey Street, from
North Main to Oak Street.
4) The increase in traffic on both Helman and Hersey Streets,
with current levels being approximately 800-1100 vehicle trips per
day on Hersey (an increase of over 400% over vtd's measured in
1977) and 1600-1800 vehicle trips per day on Helman Street (an
increase of approximately 20% over vtd's measured in 1980) . The
general levels for a residential street (as indicated in the
Comprehensive Plan) are less than 800 vtd, and for a collector,
less than 3000 vtd.
5) An increase in the hours of operation for Parson Pine
Products.
The Commission finds that the original zoning for this area
(established prior to the 1981 Comp Plan) was based upon the
historic development of the area, and did not fully examine the
effects of further development of the nearby commercial/industrial
lands.
The Commission believes that the E-1 zoning requested for this area
is in concert with the E-1 zoned lands to the west across Helman
Street, and will provide relief to the applicant in other uses
available for the land other than single family residential.
In terms of impacts, the Commission believes that any commercial
use of this property is mitigated by its present development as a.
large residential structure. This current configuration limits its
potential uses to a traveller's accommodation, office conversion,
possible retail space, or the like. Incompatible uses with the
adjoining residential zones are unlikely in the current structure.
If the current residence were demolished and proposed for
replacement by a structure for purely E-1 uses, then the Site
Review ordinance would be the primary tool of the Commission to
ensure sensitivity in design and use with the surrounding area.
SECTION 3 . DECISION
3 . 1 Based on the record of the Public Hearing on this matter, the
Planning Commission concludes that the proposed Zoning Map and
Comprehensive Plan change from R-1 to E-1 is supported by evidence
contained within the record.
Therefore, based on our overall conclusions, and upon the proposal being
subject to each of the following conditions, we recommend approval
Planning Action ,#91-029. The following are the conditions and they are
attached to the recommendation for approval:
1) That all proposals of the applicant be conditions of approval
unless otherwise modified here.
2) That the CUP for the motel be continued to the following Planning
Commission hearing for further review.
-� -
Date
Anni g Commission Approval
PLANNING ACTION 91-029
REQUEST FOR A ZONING MAP CHANGE AND COMPREHENSIVE PLAN MAP
CHANGE FOR R-1 TO E-1, AND A CONDITIONAL USE PERMIT APPLICATION
FOR A TRAVELLERS ACCOMMODATION FOR THE PROPERTY LOCATED AT
312 HELMAN STREET.
APPLICANT: PETER VANFLEET
Benson joined the meeting.
Site visits were made by all.
STAFF REPORT
The applicant is requesting a zone change from R-1 to E-1. McLaughlin explained the
surrounding zoning. The E-1 zone is allowed under ordinance as a Type 111
amendment McLaughlin read the criteria for approval. The applicant has applied
under the need to adjust to a new condition. (This need is explained in the Staff
Report). The area has been less and less like an R-1 single family neighborhood.
Perhaps it was incorrectly zoned in the original plans. The main reason the applicant
has applied for the zone change is to have the opportunity to operate a traveller's
accommodation. If this were changed to multi-family zoning, it would only put more
people in the area for residences. Staff is supportive of the zone change.
PUBLIC HEARING
PETER VANFLEET, has tried to restore it to the way it looked in 1890. He believes a
traveller's accommodation would be a good buffer to a residential and employment
zone.
COMMISSIONER DISCUSSION AND MOTION
Thompson recalled a previous discussion about areas in town where the zoning
should be changed and this area was one that needed changing.
Thompson moved to approve PA 91-029 with the attached 2 Conditions. Bingham
seconded the motion and it was carried unanimously.
OTHER
* Benson noted appreciation of Steve Hall's memo regarding on-street parking.
* Thompson reported on the meeting regarding secondary lands and thought the
Commission should consider making a,recommendation. Perhaps the
ASHLAND FIANRING r=191199017
REGULAR MEETING .
MINUTES
MARCH 12, 1991
J
Commission would want to consider lots sizes being limited to 40 acres rather
than the 20 acres proposed.
* Molnar reported on the progress of the Ashland Street plan.
* There will be a Study Session on March 26, 1991 at 7:30 p.m. to discuss CUP's.
ADJOURNMENT
The meeting was adjourned at 9:30 p.m. (yes, 9:30 p.m.)
REGULAR MEETING
MINUTES
MARCH 12,1991
�O
ASHLAND PLANNING DEPARTMENT
STAFF REPORT
March 12, 1991
PLANNING ACTION: 91-029
APPLICANT: Peter VanFleet
LOCATION: 312 Helman Street
ZONE DESIGNATION: R-1-5
COMPREHENSIVE PLAN DESIGNATION: Single Family Residential
ORDINANCE REFERENCE: 18.108.060 Type III Procedures
18.104. Conditional Use Permits
REQUEST: Zoning Map Change and Comprehensive Plan Map Change from R-1 to E-
1, and a Conditional Use Permit application for a Traveller's Accommodation..
L Relevant Facts
1) Background - History of Application:
In 1985, the Planning Commission approved a Site Review and Conditional
Use Permit for the operation of a day care facility in the existing residence
at this location (PA85-013). There are no other.planning actions of record
for this parcel.
2) Detailed Description of the Site and Proposal:
The applicant is requesting a zone change and comprehensive plan map
change from the current R-1 (single family residential) to E-1
(employment) for this parcel. Subsequent to the zone change, the
applicant is requesting conditional use permit approval for a 4-unit motel
(traveller's accommodation) in an E-1 zone.
Surrounding land uses include single family residential to the north along.
Helman Street; single family common-wall condo development to the
immediate east; industrial storage across Hersey Street to the immediate
south; Parson's Pine Products to the southwest across Hersey Street;
single family residential in an E-1 zone directly west across Helman Street.
The site contains an existing single family residence, constructed in
approximately 1890. It is located on a comer lot, located on the northeast.
comer of Helman and Hersey Street. The property has 75' of frontage
along Helman Street and 118' of frontage along Hersey Street..
7
Heiman Street is fully improved, as is Hersey Street. There are no
sidewalks on either street frontage.
II. Procedural - Reauired Burden of Proof
A zone change/comprehensive plan map change is a Type III planning action
subject to review under the following criteria:
Type III amendments may be approved when one of the following conditions exist:
a) A public need, supported by the Comprehensive Plan.
b) , The need to correct mistakes. .
c) The need to adjust to.new conditions.
d) Where.compelling circumstances relating to the general public welfare
require such an action
The applicant's materials indicate that he is requesting the zone change based
upon "the need to adjust to new conditions."
As shown on the attached map of the area, this corner is surrounded by
commercial/industrial zones. Directly south and southwest, across Hersey Street,
the properties are zoned M-1, Industrial. Directly west is E-1 zoned property.
Therefore, three of the four comers of the intersection of Hersey and Heiman
Streets are zoned commercial/industrial. Single family residential zones are
adjacent to the north and east.
As shown by the present use, this lot historically developed as a single family use,
as were most uses on the north side of Hersey Street.
It is the applicant's contention that since the zoning for this area was adopted as
part of the comprehensive plan process in 1981, significant changes in the area
have occurred. These include the following:
1) Increase in the number of employees in the immediate area by
approximately 377% (31 to 117).
2) The associated increase in commercial activity indicated by the
increase of employees.
3) The full paving with curb and gutter of Hersey Street, from North
Main to.Oak Street.
PA91-029 Ashland Planning Department — Staff Report
Peter VanFleet March 12, 1991
Page 2
4) The increase in traffic on both Heiman and Hersey Streets, with
current levels being approximately 800-1100 vehicle trips per day on
Hersey (an increase of over 400% over vtd's measured in 1977) and 1600-
1800 vehicle trips per day on Hersey Street (an increase of approximately
20% over vtd's measured in 1980). The general levels for a residential
street (as indicated in the Comprehensive Plan) are less than 800 vtd, and .
for a collector, less than 3000 vtd.
5) An increase in the hours of operation for Parson Pine Products.
The information provided by the applicant further documents issues associated
with this property.
From the Comprehensive Plan Housing Element, Policy 2 a), it states:
"Do not allow deterioration of residential areas by incompatible uses and
developments
While this is the policy, difficulty arises in this area since both the residential area
and the commercial/industrial area have lengthy histories of development.
Therefore, rather than attempt to inhibit commercial/industrial expansion to
preserve the residential character, the applicant has proposed that it be
recognized that this area has changed significantly as a result of increased .
commercial/industrial activity, and therefore requests that the zoning be changed
from a pure residential use (R-1) to a more liberal zone (E-1).
Staff concurs with this reasoning, believing that the original zoning for this area
(established prior to the 1981 Comp Plan) was based upon the historic
development of the area, and did not fully examine the effects of further
development of the nearby commercial/industrial lands.
Staff believes that the E-1 zoning requested for this area would be in concert with
the E-1 zoned lands to the west across Helman Street, and will provide relief to
the applicant in other uses available for the land other than single family
residential.
In terms of impacts, we believe that any commercial use of this property is
mitigated by its present development as a large residential structure. This current
configuration limits its potential uses to a traveller's accommodation, office
conversion, possible retail space, or the like. Incompatible uses with the
adjoining residential zones are unlikely in the current structure. If the current
residence were demolished and proposed for replacement by a structure for
purely E-1 uses, then the Site Review ordinance would be the primary tool of the
Commission to ensure sensitivity in design and use with the surrounding area.
PA91-029 Ashland Planning Department — Staff Report
Peter VanFleet March 12, 1991
Page 3
q
In the past, this structure has been used as the measuring point for noise
complaints against Parson Pine, since this is the nearest residential structure in a
residential zone. Some concern may be raised that by changing the zone, the
rights of the residents of the area to compliance with the noise ordinance will be
reduced, since the measuring point will be moved to the next structure north on
Helman Street.
However, the City Council granted Parson Pine a variance, allowing them to
operate in accord with state noise requirements, which are 5 decibels higher than
those imposed by the City. Recent improvements to Parson Pine, and
measurements taken at this location indicated that they have complied with the
state noise requirements as measured from this location. Therefore, the
movement of the measurement point is a non-issue in terms of impact.
Regarding the conditional use permit request, we believe that this is an
appropriate location for a motel (traveller's accommodation). However, we
believe that additional information is necessary to approve a 4-unit motel at this
site, including a detailed site and landscaping plan, along with detailed findings
specifically addressing the conditional use permit criteria. These concerns are not
raised to discourage the use, but rather to ensure that the Planning Commission
issues a valid approval, should they recommend approval of the zone change.
Given that the zone/comp plan map change must go to the City Council for
ultimate approval, there is adequate time for the applicant, Staff, and .
Commission to further review the CUP prior to final approval of the zone
change.
Iv. Cangi
mLionLand Recommendations
Staff recommends approval of the zone and comprehensive plan map change
from R-1 to Ul for this location. We further recommend that the Conditional
Use request be continued to the following month to allow the applicant and the
staff additional time to prepare and review the necessary information for the
motel request.
We recommend the following conditions be added to the approval:
1) That all proposals of the applicant be conditions of approval unless
otherwise modified here.
2) That the CUP for the motel be continued to the following Planning
Commission hearing for further review.
PA91-029 Ashland Planning Department — Staff Report
Peter VanFleet March 12, 1991
Page 4
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THE MOUSETRAP 1 & BREAKFAST PROPOSAL
n : r Street, Ashland, Oregon
Zone Change From to and a Conditional Use
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The Mousetrap Inn: Bed & Breakfast Proposal
312 Helman Street, Ashland, Oregon
REQUEST FOR ZONING'CHANGE FROM R-1 TO E-1
& CONDITIONAL USE PERMIT
The proposed site is located at the intersection of Hersey and Helman Streets.
Due to the changing conditions of this area, that of a larger growth in the
industrial sector, coupled with the need for an E-1 buffer zone, make this area
consistent with the overall comprehensive zoning projections. Therefore, we
request a change . to E-1, rather than a more intensive R-2 residential zone, to
act as a buffer area alleviating some concerns over more residents in proximity
to the Industrial zone while preserving a more aesthetically pleasing
transition.
Though this site is presently developed as a residence, it has already
established providence by being granted a conditional use permit as a Daycare
Center in 1987. (Please see Exhibit D, Toni J. Galli-Robbins, March 13, 1985)
One of the considerations for approval by the planning commission of the City
Of Ashland, ( Findings & Orders, page 1) for this conditional use permit was
not only the ' maintenance of the existing historic residence on the site" but
this site was to be " in compliance with the Chapter on Aesthetic Resources as
is the development of the economically viable adaptive use of this structure."
Since this building was. purchased by. Peter Van Vleet in June of last year,
extensive restoration and landscaping has been done to perserve the integrity of
this 100 year old building ( built in '1890 according to the City of Ashland
building records ). The main thrust of the work was to eliminate "misguided
improvements" to the interior and exterior of the building. The elimination of
steel posts and replacement with wood columns on the front porch, the removal of
enclosed back porch, and restoring exterior wood casings, are some of the more
important. renovations done to the outside of the building. In the interior all
wood paneling was removed and new wood casings and sheetrock (looking not unlike
plaster and lathe in its final product) was installed. In. addition to the
renovation to the house, all existing landscaping was preserved such as the two
huge, beautiful black walnut trees in the backyard. In addition, forty rose
bushs have been added around the pathways in the front garden and back entry
parking cirle located on the Hersey Street side. Thus, the building already has
had the providence of a conditional use permit, which is in compliance with the
historic character of this neighborhood. Also, The low impact nature of this Bed
and Breakfast resulting from this proposal would be desirable in an E-1
transitional buffer zone while maintaining the historical integrity of this
colorful railroad district.
continued
Exhibit A: 1 of 2 Pages
Page 2
i2
/ r
When looking at the goals of the "Comprehensive Plan", it seems that this Bed &
Breakfast would be an ideal element in an E-1 buffer zone. To- quote, from the
comprehensive plan for The Hersey Street Industrial Area, VII-4:
"The Hersey Street site also adjoins the Southern Pacific Railroad line.
This feature provides significant opportunities for low-value heavy goods
transportation, but even with the improvement of Hersey Street , there will not
be available a complementary truck facility. This fact, coupled with the
location of the site adjacent to single-family residential uses, limits the
area's industrial and warehousing development potential. Further development of
this area will probably be a mix of limited light manufacturing, various
commercial uses, and some office space. These types of development, while not
identical in operation are relatively compatible and will not , under certain
strict development standards, negatively impact the surrounding residential
development. Each should be limited in scope so that they do not generate
substantial heavy truck traffic, noise, dust, vibration, and non-work related ,
single passenger vehicle trips."
New conditions have arisen out of the fact that there has been a tremendous
period of growth in this sector of Ashland. The mainstay in the industrial
sector has been Parsons Pine which had 21 employees in 1981, and presently 117
employees. Other diversified groups such as Horizon Woodwork, Ken Krumduik,
Ashland Soy Works, and Pyramid Juice have established business in this district.
Exhibit C ,which summarizes a ten year employment history in the manufacturing
zone, shows a growth rate of 377 % This has lead to a greater
diversification and represents a large employment base for Ashland. And, as
pointed out in the 1978 Comprehensive Plan, there is also a need for a E-1
buffer zone surrounding these areas: and impacts of
"There is a great variety and range in sizes, types, P
industrial activity. This is true in Ashland, where existing industry ranges
from log sawing to leather craft manufacture. This diversity, which allows for a
number of kinds of industrial activities, reduces the dependency on any one
industry.Different industries need different types and sizes of sites. Heavy
industries need se aration from residential uses,but other industries may seek
out quiet, even residental areas."
To summarize, a buffer E-1 zone at 312 Helman Street offers a solution to the
need for low impact aesthetically pleasing E-1 abutments in residential areas.
As a matter of fact, the proposed site is the only area inconsistent with the
Comprehensive Plan . The Bed and Breakfast proposal will have minimal impact on
the residental sector and is an ideal use for this property. Just recently-
introduced into this neighborhood is. the Ashland Christian Fellowship located at
50 E. Hersey, only one block away, and has a 700 member congregation showing
that is area is already manifesting minimal impact growth in this area. An E-1
buffer zone will fullfill the eventual necessity to have minimal impact
abutments at residential zoning areas. These changing conditions of an increase
growth activity coupled with the overall comprehensive plan for buffer areas
surrounding industrial zoning, suggests that this is not an example of "spot
zoning". As a matter of fact, the proposed site, 312 Helman Street is the only
area that is inconsistent with the Comprehensive Plan of an E-1 buffer zone
surrounding the Industrial Zone (Please see Exhibit B, showing the City Zoning
Map with a mark at Hersey/Helman Streets. ) And, the fact that the Bed and
Breakfast will have minimal impact to the residental factor suggests an ideal
usage for this property.
Exhibit A: 2 of 2 Pages
Page 3
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HAVE AN ATTRACTIVE AND COMPETITIVE DOWNTOWN AREA PROVIDING A VARIETY OF
SERVICES.
POLICIES:
A. Encourage the downtown to continue as an efficient, pedestrian-related
shopping area.
:. Encourage the development of a.physicaIIy and functionally unified downtown,
operating with a variety of businesses:
c. Encourage downtown businesses to cooperate in joint programs of improvements,
parking areas and other beneficial projects..
Maintain an evolving planning process for having a continuously updated
here
downtown plan, ins rpl ra ing the 1966 Ashland central rea Pla w
applicable. W !1
1 � INDUSTRIAL
Although rose=,.of Ashland's .economy is not dependentaon r nufacturing: and
;rocess ing i ndustr_ies, that sector`-does-L'epresen�:yarge<employment. a G�
end is .-importan�i n yma n#„ai,n in�c a�d i verp I f ed�and.-y-Lab.l e:economy_,�gener_a I
ba i understanding stingd<po�
here i S � ask f P �> ::r--..,-:.a.....'..�of the effects of_exi.__-..W._ .. p
srble,.(yutu1endustrlal �iIy '7
;here is a great variety and range in the sizes, types, and impacts of indus-
trial activity. This is true in Ashland, where existing industry ranges from
!og sawing to leather crafts manufacture. This diversity, which allows for a
:;aver of different 'kinds of industrial activities, r.duces the dependency on
„y One Industry
cL#es_Heax dustrl
t� v �Q Oi r ferent Indy.S.fF�es _n @ed �Q1=Lf�r_g3tYPeS�sndWsl Ys�UL�.._ ',.r�;
ad separatlonzd:F�1 -residentLalg&-ssPs: but::ot-her -�: tries may�5eeek uutsqu;Ceis3
,patlb e with cc •nunity
trn �rl•� ven resident alrareasfi To ensure that Industi
attitudes and surrounding land uses, standards �,giiir :d ir. _arding ,tnpact,
x, .'vfhetics and services. s If there were only one i :ted industrial area, it
;r.uld be [.cssible to have one set of standards, [:•_r .^ Siig ncnarir.:ent of Envi-
".c:n difiror ,.nt
G, FLC t:- I I ity guidelines. If different z Ji :el i h o J ,
%r;.rc.pr;ate. Standards can vcry
:ir ..
r v�. i1 i ,iVral criteria to specific requirements or per',o. ,: .._e stands s in which the
; fee; of tha activity is measured and compares Tc : t.:;iaum levels.
v�
�a X✓`• Industrial :usinasses sometimes have difficult) ` i . _ . : •; a location because cor-
�u^�C n may.
.not zoned land ma not be available or sui4 e 'c tnei.r particular needs.
iary industry-related businesses wish to locate ac.! -cent to other industrial
developments, thus providing more efficiency for boTh the businesses and the
City.
Tne supply of industrial land varies according to 'Ile type of zone. As is si)cwn
in Table I and "lap 8 the heavy commercial ( i .e. IiShit ir:dustrial ) land Ice ied
near "A" Siroet and Shamrock Lane is nearly developed. The heavy industrial
zoned land, on the other hand, is developed around Mistletoe Road but vacant
south of Hersey Street.
!
HAVE AN ATTRACTIVE AND COMPETITIVE DOWNTOWN AREA PROVIDING A VARIETY OF'
SERVICES.
POLICIES:
A. Encourage the downtown to continue as an efficient, pedestrian-related
shopping area.
P. Encourage the development of a physically and functionally unified downtown,
operating with a variety of businesses:
C. Encourage downtown businesses to cooperate in joint programs of improvements,
parking areas and other beneficial projects..
Maintain.an evolving planning process for having a continuously updated
V. p�p Ian nc a ing t e�ty966 Ashland ntrat rea P rL(hwer�e
applicable. J 7
" - ( &-too.- ?
INDUSTRIAL
" 1hou ,
iu.O�rz V
gad • .
ther
si.ble
There is a great variety and range in the sizes, *.yp°s, and impacts of indus-
trial activity. This is true in Ashland, where existing industry ranges from
log sawing to leather crafts manufacture. This diversity, which allows for a
::;;!nber of different kinds of industrial activities, reduces the dependency on
r; one industry. -
"U' V tamed.
To ensure that industric:. .:,:^:patibie with cc:rnunity
attitudes and surrounding land uses, standards can required retarding impact,
sthatics and services. s If there were only o ne a + :. =ted industrial area, it
r:uld be possible to have one set of. standards, pVr': .^s using Department of Envi-
tal ^,:- lity guidelines. If different areas stabli,hed, -,Fen different
�J st.:ndai ds ..re appropriate. Standards can vary in :. .,Jtil ice;
Y , .„f general criteria to specific requirements or perfv.',•:::•ca' standards in anion the
feet of the activity is measured and compared iaximum levels.
Industrial businesses sometimes have difficulty 1i:' :1:!3 a location because cor-
rect Iy zoned land may not be available or suifable ''c their particular needs.
"any industry-related businesses wish to locate ad ;acent to other industrial
Co,J' developments, thus providing more efficiency, for both the businesses and the
City.
The supply of industrial land varies according to the type,of zone. As is shown
in Table I and Map 8 the heavy commercial ( i .e. light industrial ) land lm.--.ed
near "A" Street and .Shamrock Lane is nearly developed. The heavy industrial
zoned land, on the other hand, is developed around Mistletoe Road but vacant
south of Hersey Street.
/7
:w.uiuprunt standards may vary with each particular light industrial area, but
n14 be stricter than for a heavy industrial area.
*A Y INDUSTRIAL
this area ,is (or manufactur,ing, 'g ` ig� St�tl�'°h^...W at6? ✓
prq .lbIy incompat,,iblewwtth o,#e�r <u M These,areasc>arq gjst,�,sepa rated:�Jrotb
r oc l dent i aaad;J�c�7�# "' r �tl�fr�cq;� Si,Y
ir•�as are to be controlled by the City for active or passive recreation.
City should attempt to obtain park property or the desired easements before
development is imminent. There is no requirement- or plan intention to
III such areas highly developed or maintained. Some areas could well
:-.munity needs by remaining in a natural state.
PACE
areas are to remain basically in a natural state. Uses are allowed
do not destroy this naturalness, such as recreation or some type of
uI ! ure. Open spaces could be utilized for public trails and paths, thus
vraging non-automotive travel and connecting recreation facilities.
(CULTURE
areas are to be kept in the best possible condition for sustained agri-
,Il :.ral use. Primary emphasis will be on agricultureral soils of class one
:gh four.
is
are areas which are privately and publicly owned and should be retained
. ::eir forest and scenic value. Any development should be low density
ntial .
C SCHOOLS AND FACILITIES
.c are areas needed for existing or future public uses, such as schools,
,i;:ent plants, and so forth. These areas should be programmed into the city
•--hoof system budgets, and purchased prior to projected development. In
s of possible combined uses (e.g. school parks) , a joint acquisition should
;,c;uraged. This category includes the airport overlay, which indicates
otial acquisition for airport use, and the SOSC designation, which indi -
areas within the Southern Oregon State College boundary for future growth.
":signations have no effect on present zoning or permitted land uses,
ach no intensification of zoning shall be permitted.
- - Ex]iibit 3 of 3 Pages
Page 6 /Q
10 YEAR EHPLOYHENT HISTORY
MANUFACTURING ZONE
SOUTH OF HERSEY FROH HELHAN TO WATER ST.
COHPANY 1981 1986 1991
HORIZON WOODWORK 1 4 9
PARSONS PINE 21 45 87
KEN KRUHDUIK 6 6 8
ASHLAND SOY WORKS 3 5 7
PYRAHID JUICE 0 3 6
TOTAL 31 63 117
Percent Increase - 1981 to 1991 377%
EHPLOYEES ADDED - 1981 TO 1986 32
EMPLOYEES ADDED - 1986 TO 1991 54
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Exhibit B: 4 of 4 Pages
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E-1 Zone directly across the street
317 Helm-a Street
323 HPJM� Street E-1 Z*n* Fast
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1,00king North DoWs Hersey Street
312 Heinen Street on right
Person Pine
Dow Hersey Street
J.-1►V
312 Helman Street looking Guib
Terrace Creek CondomimiUM
Looking out front door
�'a
j , Looking across to M-1 Zome from 312 Heiman St.
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minimal impact E-1 zoning
Ashland CLLrL&rfmn Fellowsh eveloped in past few years.
i
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— 1
CITY OF ASHLAND WX ' CITY HALL
ASHLAND,OREGON 97529
IeleDmme(code 503)492-3211
March 21, 1985
Toni Galli-Robbins
312 Helman Street
Ashland, OR 97520
Re: PA #: 85-013
Dear Ms. Galli-Robbins
_ At its meeting of March 14 1985 the Ashland Planning-
Commission approve your reques or a Site Review and Conditional
Use Permit for the o peration of a da 'care facility residence
or a proper y a ax of s 1 00
assessor's map #
Findings of Fact and ie .ommission. s Orders wil o ow w� in wo
weeks.
Please note the following circled items:
1 ) 'A final map prepared by a registered surveyor must be submitted
within one year of the date of preliminary approval ; otherwise,
approval becomes invalid.
2) A final plat map prepared by a registered surveyor must be submitted
within six months of the date of preliminary approval; otherwise,
approval becomes invalid.
3) here is a 15-day appeal .period which must elapse before a building
permit may be issued.
4) All of the conditions imposed by the Planning Commission must be
fully met before- an occupancy permit may be issued.
5j after,which approval is be submi r only
tted
Please feel free to call if you have any questions.
Very truly y!urs,
Steve J n h
Associ lanner
SJ:mab p
• r
ASHLAND PLANNING COMMISSION
FINDINGS & ORDERS
March 13 , 1985
PLANNING ACTION #85-013 is a request for a Site Review and
Conditional Use Permit for the operation of a day care facility in
the existing residence at 312 Helman Street. Comprehensive Plan
Designation: Single-Family Residential. zoning : R-1-5. (Single-
Family Residential) . Assessor' s Map # : 4CD. Tax Lot # : 1100 .
APPLICANT: Toni J. Galli-Robbins
In reviewing the data and testimony which are in the records of
Planning Action #85-013, we make the following summary findings:
1) That the proposal is in conformance with the Comprehensive Plan.
It complies with the first Goal of the Economic Chapter. it will
provide a mechanism for the subsequent improvement of Hersey
Street, which is a collector, with such improvements mandated by
the Comprehensive Plans, Transportation Chapter. The maintenance
of the existing historic residence on site is in compliance with
the Chapter on Aesthetic Resources as is the development of . the
economically viable adaptive use of this structure as a day care
facility.
2) That little significant change is anticipated to the site. There-
fore, the use shall be compatible with and have little negative
impact on the adjacent uses which include a single family dwel-
ling to the north and west, a condominium development to the
east, and Commercial/Industrial uses, to the south and southwest.
Based on our overall conclusions and upon the proposal being subject
to each of the following conditions,. we approve Planning Action #85-
013. . Further, if any one or more of the following conditions are
found to be invalid, for .any reason whatsoever, then Planning Action
#85-013 is denied. The following are the conditions and they are
attached to the approval:.
1) That the applicants sign in favor of future improvements to
Hersey Street including street paving, curb and gutter.
2 ) That the applicants procure a business license from the Ashland
business department prior to operation of the use.
3) That the applicants obtain a sign permit prior to erecting any
signs for the use. Such sign shall be made of wood and shall be
a maximum of six square feet in size.
4 ) That the applicants receive a full Fire , and Life Safety .
APC Findings & Orders 3�
Inspection prior to operation of the use.
5! That the applicants contact the Jackson County Health Department
and comply with all necessary County and State Health
requirements for a day-care facility prior to operation .
E ) That the applicants relocate the electric meter outside the
dwelling.
APC Findings & Orders
PA #85-013
SITE REVIEW &
CONDITIONAL USE PERMIT
312 HELMAN ST.
APPLICANT: TONI J. GALLI-ROBBINS
PLANNING ACTION #85-013 is a request for a Site Review and
Conditional Use Permit for the operation of a day care facility in
the existing residence at 312 Helman Street. Comprehensive Plan
Designation: Single-Family Residential. Zoning: R-1-5 (Single-Family
Residential) . Assessor ' s Map #: 4CD. Tax Lot #: 1100 .
APPLICANT: Toni J. Galli-Robbins
STAFF REPORT
Fregonese gave the Staff Report indicating that no negative feedback
had been received by Staff regarding the proposal. He noted that it
was Staff' s belief that due to the temporary nature of vehicle
visitations that additional on-site parking would .not be necessary
beyond that which is presently provided. He stated that there is a
vacant parking ' lot directly across the street and should the
applicants need additional parking, they could contract with that
property owner for parking use.
At this point, the Public Hearing was opened.
PUBLIC HEARING
Toni Robbins, applicant, stated that she was prepared to meet all the
conditions.
Phil Selby, stated that he represented the Homeowners Association of
the condominium development directly adjacent to the Robbins
property to the east. He stated that he wanted to make sure that the
Robbins were willing to sign' in favor of improvements to Hersey
Street.
At this point, the Public Hearing. was closed.
COMMISSION DISCUSSION AND MOTION
Commission discussion ensued. It was determined that it was not
necessary to require that the parking facility be improved to an oil
matte inasmuch as the two parking stalls adjacent to Hersey Street
presently have a concrete surface, thus they felt it was appropriate
to eliminate Condition #7 from the Conditions of Approval. After
further discussion, Slattery moved to approve the application with
Thompson seconding the proposal . The vote was unanimous to approve.
APC, 3/13/85, Page 14
33
pi4lo ST. ,
:- 1 YJ/JI7L \ /
AGREEMENT
Owner Toni Galli-Robbins Address_ 312 Helman St
Owner Robb Robbins Address 312 Helman St.
Property 39 1 E 4 D 1100
Twp. Range Section Assessor's Map M Tax lot f(s)
Street Address 312 Helman 6t.- Ashland Oreoon
k Street
Planning Action 85-013 II 2/20/85
k Type
Date
As the owner(s) of the property listed above, [/we
hereby consent to the following. improvements, dedications, or other actions as required by
the City of Ashland, and agree to bear the proportionate payment of associated costs. This
agreement is to be binding upon myself/ourselves, my/our heir(s), executors, and assigns, an(
it Is my/our express intention that this agreement shall run with the land, so that fulfillnx
of the Items listed below shall be binding upon future owners of the property.
Improvement, Dedication, or Other Action: - -
,
1) In favor of f, r imnrov ma r r Hera y Street-
including street paving, curb and nutter.
S gnature
Date
Sicnatu Date - -
County`V'.•JacYson)
On this
15�day of 1q.5 before me, the undersigned, a Notary
Public in and for said County and State, personally appeared the within, named
_To„ ' e//,; �bd,.< Q,w� 2ebh +:L+�i • 5
who are/is known to me to be the identical individual(s) described ir. and wno executed tt=_
within instrum3nt, end ockn,,..ledged to me that he/she/they executed the same freely and
voluntarily.
In testirony whereof, I have hereunto set my hand. and seal the y- nd year last above
f� IJotary P i for Oregon 42 STEVE IANNUSCH
s�MyCemn�:uon Expire• "j _ 2 /
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Exhibit F: 1 of 1:Page
Page 17
PLANNING APPLICATIONIQ
TYPE :— /
ate received �^�,�- �� File No. g1-0a9 Filing Fee r / 75
and Use: Zoning Comprehensive Plan designation
i��ciciHc�Yicic�HNk��c'.c�ic*�Y..�•t k-��a ic�Y-.cX is��r�`�-.`.�-Ic��k�r�Y kick�'k�-,'rte�:c�Y*'.cam*�Y��'cic�Yic�'cicY'cir�r�'c:c�c*x�c��x
iPPLICATION IS FOR
( ) Land Partition ( ) Subdivision # of units_ Zone Change
( ) Zone Variance ( ) P.U.D. # of units ( ) Comp. Plan Change
( ) Conditional .Use Permit ( ) Site Review ( ) Staff Permit
( ) Boundary Line Adjustment ( ) Annexation
Application pertains to of the Ashland Muncipal Code.
chapter, section, subpart
APPLICANT ;
Name /� / �� %/rem` Phone._ �/gZ-922
Address_3i2
PROPERTY OWNER .
Name_ Pte„ y d._ �� - Phone �jy_z-9 ZZ
Addresses . �/� rQ�l� z%,e
I have notified the mortgage holder, which is
SURVEYOR, ENGINEER, ARCHITECT (if appropriate)
Name Phone
Address
X DESCRIPTION OF PROPERTY (attach legal description)
Street Address . hfl ;
Assessor' s Map No. 39 E Tax Lot(s)
Above described property was acquired by owner on 0
month day year
List any covenants , conditions or restrictions, concerning use of property,
of improvements contemplated; as well as yard set-back and area or .height
requirements that were placed on the property by subdivision tract developers .
Give date said restrictions expire.
FINDINGS OF FACT
Type your response to the appropriate zoning requirements. on another sheet(s)
of paper and attach it to this form. Keep in mind that your responses must be
in the form of factual statements or findings of fact and supported by evidence.
List the finding criteria and then the evidence which supports it.
it
I hereby certify that the statements and information contained in this
application, including the attached drawings and the required findings of
I understand that all property
fact, are in all respects true and correct . nE
event thatbthehpinsoarehnotrshownsorntheirllocation foundlto betincorrect ,ad
the owner assumes full responsibility.
burdenhwillnberoname. tos establish:Tethat tI producedusufficient e he
factual
evidence at the hearing to support this request; that the evidence adequately
justifies the granting of the request; that the findings of fact furnished
properly locatedton the grounds that
Failure inrthisrregardlwill result most
likely in not only the request being set aside, but also possibly in any
structures being built in reliance thereon being required to be removed at
my expense. If I have any doubts , I am advised to seek competent professional
advice and assistance.
�
Applicant' s Signature
Date
As owner of the property involved in this reques , I have read
terendownrstood
er
the complete application and its . consequences to me as a prop., y
CAL o .
A
Property Owner' s Signature
Date
occupancy pasec*tion
building2orr afreleasehof utilitieeslprior ptoothelissuance.
b the Building Division AND the completion
of a certificate of occupancy y
of all zoning requirements and y performance bond bond the to insure
Commission UNLESS a satisfactory P rosecution and/or disconnection of
completion. VIOLATIONS may result in p
utilities .
e�{,F ��o. � Emarttn � ixm
April 2, 1991
REGO
Mayor & City Council
Carole Wheeldon, Chair, Ad hoc Transportation Committee
rum.
�11�h8tf: Request for Permanent Transportation Committee
On behalf of the Mayor's Ad hoc Transportation Committee, I
request that the Council establish a permanent transportation
committee which would advise on all aspects of city planning
regarding transportation. This group could also represent
Ashland in regional matters such as RVTD service.
V{.GF.ASI,O .
Pma ran dum
April 12, 1991
'..GREGO
0: City Council Members
rom: Cathy Golden, Mayor
1x�IjEtt: Appointments to Boards, Commissions & Committees
Please approve the following appointments to fill the terms which
expire on April 30th of this year (R-reappointment; N-new member) :
Airport Commission - R-Jones, R-Knowles, N-Matthew Ben-Lesser
Band Committee - R-Maddox, Matthews, Belford, Wight, and Kruse
Bicycle Commission - R-Gosling, N-Joanne Haddad
Building Appeals Board - R-Boldt, R-Blankholm, R-Afseth, R-Thomson, N-
Peter Cipes. !Lw°�
Historic Commission - R-Hunt, N-Jane Dancer, N-Karen ,Timberlakg �a�c
Hospital Board - R-Billovits, N-Janet Meyer, N-Tom Reid
Planning commission - R-Powell, N-Jim Hibbert
Senior Program Board R-White, ,�K /hard Lc� re.ru&„e )
Sister City Committee - R-Ferrer, R-Jones, R-Rubinyi-Anderson, R-
Reynolds, R-Tapp-Kocks, N-Sean Van Ausdall
Street Tree Commission - R-Ryan, R-Hormel, N-David Chasmar
Iv-
Traffic Safety Commission - R-Armitage, E . n'loo.e- &� J rntu,�)
N- Name�I 13.iry.D�dm�
CPAC - R-Wheeldon, Morehead, Giordano, Walker, Lane, Yeamans, Wood,
Leybold, Cloer, and Landt. N-John Berger, Hunton Conrad, Richard
Rising, and Bill Huntley.
*We didn't have individuals to fill these, but are working. on it.
•FU.�aL.,'� �o„u.vH.�'CCc e, — hl — �p�i i.0 P.�t.Ki,i^ N — Jln n rrte✓et...`�-L,
i
ate,
.yam 0
0� .
ow
ad
t&
y y o
Ql!
iKw
O-i6
°F1�" Icutorandunt
April 10, 1991
REG
tGt(t: Mayor and City Council
rom: Jill Turner, Director of Finance
�1Y(1iQ Auditor
Recommendation: The Audit committee recommends that the
council authorize the Mayor and City Recorder to sign a
contract with Coopers and Lybrand for Audit services. The
agreement will be for three years effective with the present
(1990-91) fiscal year.
Discussion: The City received seven proposals for audit
services, Mike McGraw - Hospital Controller and Jill Turner
screened the proposals. The audit committee then met and
decided to interview the top two firms. On April the 9th both
Coopers & Lybrand and Deloite & Touche were interviewed. The
Committee recommends that Cosand Lybrand be the City
Auditor. (Attached ;are AOPe
m tes of the two meetings. )
r
AUDIT COMMITTEE
April 3, 1991
The. above meeting was held at 1: 30 pm in the Civic Center Jury
Room. Present were Committee Members Lee Howard, Pat Acklin and
Frank Billovits. Staff present were Mike McGraw, Ken Mickelson,
Jill Turner, Nan Franklin and Karen Huckins. Audience members
Jack Nicholson and Rosie Morris. Mayor Golden arrived at 2: 05
pm.
Pat Acklin was selected to Chair the meeting and asked Turner to
explain the review process.
Turner noted that all RFP's had been review by staff and that the
two top candidates were Coopers & Lybrand and Deloite & Touche.
Both firms have hospital and municipal auditing experience.
Turner noted that Coopers & Lybrand was the only firm to respond
directly to two concerns she had in the audit process; one being
Enterprise Fund accounting and the other the Medicare exception
in the Hospital's audit.
McGraw stated that Deloite did the audit for Rogue Valley Medical
Center and that the firm keeps current with hospital concerns.
McGraw noted that Deloite has workshops to keep their people and
their clients up to date.
Billovits asked if McGraw was measuring the auditor's strength
from a hospital standpoint. McGraw said yes, but in the review
process Turner came up with the same top three candidates.
Billovits asked how long the contract was for. Turner replied
that the period was for three years, but there are always clauses
to terminate the contract.
Acklin questioned that Burns had estimated more audit hours than
any of the other firms, and asked if their hours were realistic.
Turner noted that both Coopers and Deloite use computer aided
flow charts and programs to format the audit. Turner stated that
Burns spends a lot of time on report preparation.
Acklin asked who the number three choice was. Turner stated that
it was Grant Thornton. McGraw noted that Grant Thornton' s
auditor with hospital expertise came out of Seattle, which he
felt was a draw back.
A discussion followed on whether to include Grant Thornton in the
interview process. Howard stated that he would defer to McGraw' s
and Turner's professional judgement. Billovits concurred as long
as all of the RFP's had been reviewed. Acklin stated that she
was comfortable in limiting the interviewing process to Coopers &
.Lybrand and Deloite & Touche.
The Committee reviewed possible auditor questions. Nicholson
stated that one question should be the timeliness of the delivery
of the report. Howard asked why Coopers ran the Parks audit fee
through the City. Turner stated they should be questioned on
that. Any questions that come up when the RFP's are read, should
be asked of each individual firm.
Acklin stated that the Committee should have questions that were
pertinent to each firm by Tuesday, April 9. Nicholson was asked
to present any questions he felt should be asked to Turner before
Tuesday.
Interviews with Coopers & Lybrand and Deloite & Touche were set
for Tuesday, April 9, at 1:30 p.m. The Audit Committee is to met
at 1:15 p.m. to review the questions. The interviews are to be
set for 30 minutes each.
The meeting was adjourned at 2:40 p.m.
AUDIT COMMITTEE
- April 9, 1991
The above met at 1:15 p.m. in the Jury Room of the Civic Center.
Present were Committee .Members Knight, Billovits and Acklin.
Staff present were Turner, McGraw, Mickelson, Franklin and
Huckins. Audience members were Jack Nicholson and Stu Austin.
Thirteen auditor interview questions (see attached) were
presented to the Committee to review. Additional questions to be
included were:
1) How are cost over runs handled?
2) (For Coopers) Why was the audit fee run
through the City rather than listed
separately in your proposal?
Coopers & Lybrand representatives were John Dethman and Don
Doerr. Dethman would serve as the engagement partner on the City
audit, with Doerr serving as the engagement partner for the
Hospital audit.
Deloite & Touche representatives were Mike Bershaw, Ron Graybeal,
Darrel Anderson and Chuck Swank. Swank would be responsible for
the delivery of all audit services to the City, with Graybeal in
charge of the Hospital audit.
After the interviews were completed, a discussion followed on the
firms.
Billovits stated that he felt both firms could do the City
portion of the audit, but that Deloite would be stronger in the
Hospital audit. Billovits stated that he had received calls at
home from clients of Coopers recommending that they be the choice
the City's auditor. Billovits stated that this practice bothered
him and wondered how they had gotten his name. Knight stated
that he had received calls also, but that it did not bother him
that much.
Turner stated that, at present, Deloite did not have any
city clients.
Acklin stated that she found the presentation by Deloite more
impressive. Knight felt that Deloite was much more direct in
their responses to the questions.
Mickelson stated that he liked Coopers' responses more than
Deloites' . Mickelson stated that Lee Howard had asked him to
convey the message that based upon the RFP's alone, Howard would,
recommend that Coopers be selected.
Audit Committee - April 9, 1991 - Page 1
McGraw stated that he had talked to an intermediary, who had
worked with both Coopers and Deloite. It was stated that Coopers
was easier to work with, but Deloite was more aggressive in the
audit process. McGraw stated that he felt that Deloite was the
way to go.
Acklin asked for Jack Nicholson's opinion on the choice of an
.auditor. Nicholson stated that he would go with Coopers based on
his reading of their audit reports obtained from the Secretary of
State and the City of Portland. Nicholson stated that he felt
they were a strong firm and was favorably impressed with the
quality of Coopers' reports. Nicholson stated that it was a
difficult decision because the firms qualifications were very
close.
By show of hands Acklin and Knight selected the firm of Coopers &
Lybrand to enter into an audit contract, with Billovits choosing
Deloite & Touche.
Acklin stated that she was very upset that only three members, on
a Committee. of five, were present to make a decision as vital as
the selection of an auditor. Acklin stated that she felt that
the Audit Committee's effectiveness has declined, and recommended
that there be a link with the City Budget Committee as a way of
increasing the effectiveness.
Nicholson noted that the audit should be the finalization -of the
budget process.
Knight stated that he did not feel he had the time necessary to
devote to being Chair of the Audit Committee. Knight stated that
he wanted to continue on the Committee but would like to step
down as Chair.
Turner stated that the minutes of April 9th would be mailed to
the Committee. If the Committee did not respond with
corrections, the minutes would be forwarded to the City Council
for the April 16th meeting, with the Committee's recommendation
that a contract be entered into with the firm of Coopers &
Lybrand.
There being no further business, the meeting adjourned at 4:25
p.m.
Audit Committee - April 9, 1991 - Page 2
AUcInor uuesvions
1. Why should your firm be our auditor. Qimited to 5 minutes)
2. Over the past 10 years the City audit report has almost doubled in size. What would you
suggest to make our document more concise.
3. The GASB is promulgating more standards all the time, much of them just to keep up with
FASB. Where do you think governmental standards should move in the future?
4. Explain what would you do in the following situations.
a. The City Finance Director and Accounts Payable Clerk are in collusion with each other
and are skimming City Dollars.
b. The Finance Director and Auditor disagree about how a new accounting standard should
be interpreted. This interpretation in your opinion will make a material difference on the
financial statement Part of the reason the adamant opinion of the Finance Directoris
pressure to receive an improved bond rating on a proposed $10,000,000 bond issue.
5. The City presently accounts for the Water, Sewer, Airport, and Electric Utility as special revenue
funds. 'Do you think that Ashland should be accounting for these functions in enterprise funds.?
What assistance would be available to provide in conversion to enterprise fund accounting? Will
the present accounting practice result in a audit opinion exception?
6. If the City were to offer bonds to the public ,would your firm need to do additional work and
charge an additional fee if it was asked to'sign off'on its audit report (or excerpts therefrom)
Included in an official Statement for the bond offering by the City?.
7. You have stated in your proposal that you are familiar with Hospitals. Please explain the years
of experience of the engagement partner, and manager?
B To what extent is your company a resource for consultation:relative to health care? Relative to
local Governments?
9. Can you give us an example where in the auditing of a hospital you aided in enhancing their
reimbursement through suggested auditing adjustments or accounting procedures?
10. The City Hospital audit has an exception for the receivables. Do you anticipate this exception to
the future.
11. Over the years, complaints have been made about late deliveries of audit reports for Ashland.
What suggestions do you have for making more timely deliveries of audit reports for the City, the
hospital and the parks and recreation commission? Would your firm be able to deliver all three
reports by October 15, 1991. If not, why not?
12. What internal review procedures does you firm have for ensuring that audits and reports thereon
comply with all applicable laws, regulations, and professional standards?
r
. � �.1_ a . � Qmarttrtr� um
April 22, 1991
�RE6Cl�
Ell: Brian L. Almquist, City Administrator
W Steve Hall, Public Works Director �I-
C29
Tax Lot 324, T39S-R1E-12 - Sewer Connect Request
ACTION REQUESTED
City Council authorize Tax Lot 324, T39S=R1E-12 on East Main Street
near Highway 66 to be connected to City sanitary sewer in accordance
with Section 14.08.030 of the Ashland Municipal Code.
BACKGROUND AND SUMMARY
Attached is a letter from Scott Hollingsworth requesting sewer service
be allowed to the subject lot. The lot is located outside the city
limits but within the Urban Growth Boundary between East Main Street
and the Ashland -Municipal Airport. No structures currently exist on
the site.
A sewer line exists in East Main Street adjacent to the property. I
noted to Mr. Hollingsworth that he may have to pump the sewage for any
structure to the sewer line because the property may be lower than the
sewer. Any such pump will meet state requirements and be privately
owned and maintained.
- There is adequate capacity within the system and the treatment
plant to serve the site.
- Requirements to be met by the property owner are listed in the
attached section of the Ashland Municipal Code.
- Applicant can meet all the requirements of the Municipal Code.
- Staff recommends approval of application for sewer connections
for Tax Lot 324, T39S-R1E-12 on E. Main Street.
�„u,,.� �. � � •ono
cc: Mr. Scott Hollingsworth
Dennis Barnts, Water Quality Superintendent
John Fregonese, Planning Director
Jim Olson, Assistant City Engineer
Pam Barlow, Administrative Assistant
encls: Hollingsworth letter/map
Scott Hollingsworth
862 Twin Pines
Ashland , Oregon 97520
City of Ashland
20 E . Main
Ashland, Oregon
To Whom it may concern:
I am requesting permission from the City of .Ashland to hook up to
the .City 's existing sewer line . The property I own is described
on Map Number 391E12, Tax Lot Number 32q, Account Number 1-
011559-2 and is located dust outside the city limits next to the
Ashland Airport . (A map For your reference is inclosed)
I have already met with Dennis Barnts and discussed tieing into
the City 's sewer which runs in Front of this property . After
researching the location of the property Mr . Barnts told me that
the City could hook this property up to the existing sewer line
but that I would need the permission of the City Council before I
could pay Fees and receive services .
Thank you for your consideration. I look forward to as prompt a
response as is. possible
Sincerely ,
Scott Hollingsworth
c: Steve Hall
Dennis Barnts
Cathy Golden
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' •. GgEGGa ••
MEMO TO: Brian L. Almquist , City Administrator
FROM: Keith E. Woodley, Fire Chief
SUBJECT: Fire Department Reorganization and Related Issues
The Ashland Fire Department has maintained a positive
influence within our community as it has labored to provide for
the safety and well-being of our citizens and visitors. We are
convinced that the department serves a vital role in establishing
and maintaining the quality of life so highly valued by our
community. To continue to provide leadership and respond
dynamically to the need for planned change within the community,
the department must adopt a process of organizational self-
auditing to measure our effectiveness in reaching these goals.
We have recently undertaken such a process collectively as an
organization, and provide as follows our findings:
1. The department is currently at minimal strength in terms of
human resource and we needed to re-evaluate the ratio between top
management and line personnel positions. A department with a
total of 15 full-time firefighters and 6 student firefighters
working in fire suppression does not require 5 chief officers to
supervise them.
Response - We have eliminated four Battalion Chief positions
and created three Line Captain positions which
will be working supervisors. We have initiated an
Assistant .Chief position who is also the City
Fire Marshal . (See position descriptions and
organizational chart. )
2. The department currently operates under a strongly
centralized control and decision-making structure with little or
no participation from the ranks.
Response - The authority structure within the department has
been de-centralized to alleviate the need for
numerous chief officers and to stimulate
creativity, innovation, and productivity within
the work force. Committees have been instituted
to manage key programs through their chairpersons.
3 . The department has developed some strong fire prevention and
public education programs but has lacked consistency and
continuity in terms of delivery of the programs.
Response - A comprehensive planning and calendaring system is
being developed to manage program development and
implementation. A K-through-12 curriculum is
being developed for public education in area
schools along with a neighborhood urban-wildland
Memo to Brian L. Almquist, City Administrator
April 24, 1991
Page 2
interface awareness campaign. The code
enforcement program is being re-vamped to identify
key priorities and improve public relations.
Numerous other activities are underway in various
program areas.
4. Currently training offered to the firefighters is inadequate .
and has not met the employees' need for job enrichment and self-
development.
Response - A training needs analysis is in progress to
identify system needs and delivery mechanisms. We
are involved in preliminary discussions with
Jackson County Fire District No. 5 to develop a
joint program and perhaps share a coordinator.
5. Current fire department fixed facilities are not adequately
meeting the needs of the community for efficient public service
delivery.
Response We are recommending that a RFP be developed to
secure the services of an outside consulting firm
to do a fixed facilities plan for future fire
department services.
6. Emergency vehicles currently in use do not adequately meet
the community need for reliability of emergency services, and do
not offer the increased levels of personnel safety currently
available with modern designs . Apparatus currently available has
been very well maintained but is of considerable age.
Response - A capital improvement replacement plan is
currently in progress to identify and project
apparatus procurement needs .
7 . The existing capacity of emergency services provides for a
fairly high, although as of yet unrealized, level of risk for the
community. Fire department resources currently available to the
community are not strong enough to provide an aggressive fire
control effort should a fire of serious magnitude occur.
Response - In addition to the planning process for fixed
facilities and apparatus, department human
resources needs must also be evaluated. Nothing
has currently been developed to serve this end as
additional study and observation is required.
8 . Traffic congestion within the City has, and will most likely
continue to result in difficulties in providing a prompt response
Memo to Brian L. Almquist, City Administrator
April 24, 1991
Page 3
to fire and medical emergencies . This situation is exacerbated
as we increase our marketability in the tourism industry.
Response - The need for a traffic signal pre-emption program
is apparent based on observed traffic conditions
within the City. The majority of the traffic
signals within the community would need to be
upgraded to allow the installation of the OPTICOM
control equipment . This would most likely be
performed at State expense and would require
strong community support to have it placed on the
six year plan for ODOT.
c:�Data�AP�Alognist.nea\April 24, 1991
CITY OF ASH AND
PERSONNEL OFFICE
POSITION DESCRIPTION: Assistant Chief/Fire Marshal
General Statement of Duties:
supervises and maintains accountability for the enforcement of all.state
and local laws, ordinances, regulations and standards pertaining to the
protection of City of Ashland lives and property from fire. Supervises and
completes fire inspections, plans review, fire investigations, maintenance of
records and related fire prevention and public education activities. Performs
all related work as required.
sm ervisian Received:
Works under the direction of the Fire Chief.
Supervision Exercised:
Exercises supervision over all fire prevention, fire safety education,
and other assignment activities within the Fire Department and all personnel
permanently or temporarily assigned to these activities. Performs necessary
duties of the Fire Grief and provides overall department supervision in his
absence.
Typical Examples of Work:
Participates as a member of the management team and supports the overall
policy process. Encourages cooperation within the department and demonstrates
creativity and innovation in the work setting.
Assists in the prosecution of persons charged with arson, and violations
of the fire prevention laws, ordinances and statutes. Provides for an
investigation to be made of complaints relating to alleged violations of fire
prevention laws, ordinances and statutes. Investigates or causes an
investigation to be made to determine the probable cause, origin and
circumstances of any fire; provides for inspection of specified buildings or
installatioms within the City of Ashland for fire prevention purposes.
Inspects or causes a fire safety inspection of private dwellings upon request
of the occupants; notifies owners or persons in charge of a business or
building of items noted to be in violation of fire safety laws, ordinances or
statutes and indicates time schedule for ccnpliance; and conducts
reinspectians as necessary. Conducts or supervises fire safety campaigns and
circulates fire prevention literature, develops and supervises fire safety
curriculum in the City of Ashland schools and gives fire safety lectures and
programs to civic organizations. Keeps permanent records of all fire
frequency and loss statistics, and records all activities regarding fire
prevention efforts. Reviews building construction plans for conformity with
Uniform Fire Code provisions and performs advisory functions to the City
Building Department on fire code issues. Coordinates Fire Department
activities which interface with the State Eire Marshal's office, and the City
Building Department, in the Fire Marshal's general area of responsibility.
Prepares annual budget for the Fire Prevention Division, and assists in and
supports the overall department budget process.
Assist in emergency operations as necessary to maintain an effective
incident command system. Maintains a public information system for
structured media access. Chairs the Emergency Medical System Committee and
supervises related ENS activities.
Desirable Oualifications for Fhmlovment:
Thorough knowledge of the following:
• Laws, codes, ordinances, regulations, standards and legal process
relating to the protection and prevention of fire.
•. Fire inspection, plans review methods and techniques.
• Fire hazards, causes, and use of fire protection devices and
systems.
• Fire behavior, principles of extinguishment, and nature of the
evidence gathering process.
Ability to plan, assign, and supervise work in fire prevention and fire
safety education activities. Ability to develop, coordinate, supervise and
evaluate fire prevention efforts and activities.
Ability to speak and write clearly and effectively, to analyze complex
problems and conduct necessary research in solving them.
Ability to establish and maintain intergovernmental relations and
associations, to engender the respect and support of civic organizations,
media and the general public.
Ability to participate effectively in top departmental level management
planning, organizing, reporting and other general staff functions as required.
Physical strength and agility sufficient to perform work of this class
as established by the Fire Department.
Experience and Training:
Eight years experience as a regular full time member of a fire
department. Graduation from a high school or the equivalent GEU certificate.
Graduate from an accredited college with an Associate Degree of Applied
Science in Fire Protection Technology or a satisfactory equivalent combination
of experience and training which insures the ability to perform the work may
be substituted for the above.
Necessary Special Oualifications:
Possession of, or the ability to secure possession of a valid Oregon
Drivers license. Possession of, or the ability to secure certification as an
Oregon Building Codes Agency A-Level Structural and Mechanical Inspector and a
B-Level Structural and Mechanical Plans Examiner. Any combination of
experience .equivalent to benefitting Fire and Life Safety Review will be
evaluated for acceptable substitution. Preference will be shown to individuals
who are non-smokers.
CITY OF ASHLAND
PERSCWM OFFICE
POSITION DFSCC:RIPTION: Fire Captain
General Statement of Duties:
Functions under the supervision of the Fire Chief/Assistant Chief and
has responsibility for supervising the activities of firefighters working in
the various areas of their responsibility.
supervision Received:
Works under the supervision of the Fire Chief/Assistant Chief who review
performance for effectiveness and conformance to departmental standards and
regulations.
Supervision Exercised:
Exercises supervision over all firefighters as assigned.
Typical Examples of Work:
Serves as officer in charge of personnel and apparatus as assigned.
Supervises and instructs personnel as required, and participates in
firefighting, rescue and emergency medical activities as necessary. Inspects
building grounds, quarters and supplies of the stations and requisitions
repairs and replacements in the prescribed manner. Supervises the immediate
cleaning and maintenance of equipment and apparatus following its use, and
reports necessary conditions or repairs needed to the city shop. Makes
station reports and keeps records of all activities personnel are engaged in
under his supervision. Trains personnel as. required and monitors their
progress in accordance with department goals and objectives and furnishes
necessary reports to the Training Division. Supervises and participates in
pre-fire surveys and fire prevention inspections of buildings and
installations under the supervision of the Fire Prevention Division.
Evaluates periodically the performance of all assigned personnel, attends
schools, seminars and various meetings to keep abreast of new developments and
techniques in fire suppression, EMS and supervisory management. Performs all
other duties as required.
Desirable Qualifications for Emloyment
Knowledge Skill and Ability:
Thorough knowledge of modern firefighting and rescue and emergency
medical principles, techniques, practices and procedures. Thorough knowledge
of the operation and maintenance requirements of various types of fire
apparatus and equipment. Thorough knowledge of fire department policies,
rules and regulations. Considerable knowledge of the principles and practices
involved in instruction and training of firefighting personnel, and the
ability to apply them to specific training problems. Ability to maintain
discipline and supervise subordinate personnel. Ability to exercise sound
judgement in emergency situations. Ability to diagnose existing and
potentially hazardous conditions in buildings and installations. Ability to
communicate clearly and concisely, orally and in writing. Ability to work
cooperatively and effectively with fellow employees and the general public.
Physical strength and agility sufficient to perform the work of this class as
established by the fire department.
FSccerience and Training:
Five (5) years experience as a regular full-time firefighter in a fire
department. Graduation fran a high school or equivalent GID. Associate
degree in fire protection technology preferred.
Necessary Special Qualifications:
Possession of, or the ability to secure a valid Oregon Drivers license.
Non-use of tobacco.
ORGANISATIONAL CHART
ASHLAND FIRE DEPARTMENT
PREVENTION HUMAN RESOURCE FACILITIES..- EMERGENCY
DEVELOPMENT MAINTENANCE OPERATIONS
Code Enforcement Training 6 Facilities\ Calendaring
Public Education Education Apparatus Suppression\
Public Relations Knowledge, Skill , Capital equip- EMS
Investigations Ability ment planning Dispatch Liaison
Wildland Inter- Maintenance Fixed facilities Mapping
face Public Relations planning Public Relations
Business Liaison Student Program Public Relations Water System
Fire Brigade
Training
Student Student Student
Firefighter (2) Firefighter (2) Firefighter (2)
Firefighter (3) Firefighter (3) Firefighter (3)
Engineer (2) Engineer (2) Engineer (2)
Captain (1) Captain (1) Captain (1)
Administrative Asafstaat Chief
Secretary Fire Marshal .
Fire Chief
22 APR 1991
Brian Almquist
City of Ashland
Dear Brian ,
This is to confirm our talk about special theatre rates at
Pioneer Hall .
Originally I was paying $33 for 3 hours Saturday night . Recently
the Parks Commission said that since they could rent the hall to
wedding parties for $100 , I would have to pay that amount . It is
true that some flats are left standing all day Saturday and that
this can restrict . the uses of the building on that day.
What I suggest is a flat rate of $100 for Thursday and Saturday,
with the hall available from 2 pm on Thursday to set up . We
strike everything early Sunday morning except for lights which
are up out of the way.
Perhaps the City could approve this arrangement for a year and
study the financial effect .
One other factor is that Positively Fourth street is no longer
available as a theatre space . The space at the armory has been
leased to Studio X, who did not respond to my request to
sublease .
I will be happy to answer any questions at a Council meeting.
Sincerely ,
Dr . Robert Spira
Artistic Director
The Quartz Theatre
Box 465
Ashland OR 97520
482-8119
1
ASHLAND PARKS AND RECREATION COMMISSION
CITY HALL ASHLAND, OREGON 97520 488-5340
PARK COMMISSIONERS: Q KENNETH J. MICKELSEN
Director
PATRICIA ADAMS - ,
ALLEN A. ALSING
LEE HOWARD +' OREGON,.• ,=
THOMAS W. PYLE
WES L. REYNOLDS
MEMORANDUM
TO _ Brian Almquist, City Administr for
.FROM : Kenneth J., Mickelsen , Director
DATE : May 3, 1991
SUBJECT : Request from Robert Spira for use of Pioneer Hall for
Quartz Theater productions .
Concerning your request for information on the usage of Pioneer
Hall on Saturdays :
It has been the department ' s experience that Saturdays are
extremely popular for various types of groups in renting Pioneer
Hall . The hall is scheduled regularly and consistently for all
day events such as weddings and receptions , conferences and
workshops , and a variety of other activities . The current fee
for an all day rental is $100 . 00
If the facility is committed on Saturdays for Quartz Theater , or
any other. specific group, it would preclude the use of the
building by various other groups within the community . Also, if
Quartz Theater is given special consideration in rental rates ,
this would have an impact on the revenues generated by the
facility .
Home of Famous Lithia Park
: � .<: � Pmarttn � nm
April 16, 1991
GREGO
Zia: City Council
r
ram: Mayor Golden
LZ�jE Audit Committee
RECOMMENDATION: I recommend that the attached
resolution reorganizing the audit committee be
approved.
DISCUSSION: The City has just selected a new
Auditor and there is a renewed interest to have a
committee. The new firm has requested to meet with
this committee twice a year. Once during the
planning stages and once after a draft of the
document is available. I would also like to see a
connection to the existing budget committee.
RESOLUTION NO. 91-
RESOLUTION CONCERNING LDIN JIVES, AND
REPONSIBILITIESOTHE MUNICIPALAOTCOMMIITTEE
BE
IT RESOLVED by the Mayor and City Council of the City Of
Ashland, as follows:
SECTION 1. Munici al Audit Committee Established. There is
hereby establishes avMLinClmemberslt The Committee
consist Of five ( ) g at its meetings.
the presence of any appointive city official(s)
SECT?• Ten° -- Vacancies. The voting members shall be
appointed annually by the May with confirmation by the City
Council. The voting members shall include one member of t City ion m one
Council, one member of the Parks �
the Citizens
member of the Hospital Board, and
Budget Committee.
FtiIPS and Regulations. Three (3) voting
SECT_ ION 3. Ouoru,�— quorum. At its first
members of the Committee shall coo ittee shall elect a chair, a the
meeting each calendar year,
vice chair, and a secretary, who shall hold office at the
Committee. The Committee shall e rules
pleasure of the lannin stages
for its meetings, and shall meet once during the p P g
of the audit, and at least once prior to the completion of the
annual audit, and at such other times as the Committee deems
necessary.
SECT• objectives and Responsibilities -
Genera
The
objectives and responsibilities of the Committee are to establish
and maintain continuing cmmu and aelect diofficialsaewitherespect
auditors, Finance Department
to:
1. Annual financial reports-
dit and
2. scope and results of the annual au
o ing related
3. The City's accounting and financial rep
and practices. of internal
4. Adequacy and effectiveness of the system
accounting controls. independent
5. Scope of other .sery ices performed by the
auditors.
.6. Any other matters relative to the audit of the
government's accounts and its financial affairs that the
Committee, at its own discretion, deems necessary.
7: Evaluate the services provided by the independent
auditors and recommend their retention, or when
necessary, their termination and replacement.
• A
SECTION 5. Reports. The Committee shall submit copies of its
minutes to the City Council. Reports or recommendations of the
Committee shall be considered advisory in nature and shall not be
binding on' the Mayor or City Council.
SECTION 6. Compensation. The voting members of the Committee
shall receive no compensation for services rendered.
SECTION 7. Resolution No. 84-14 is hereby repealed.
The foregoing Resolution was READ and DULY ADOPTED at- a regular
meeting of the City Council of the City of Ashland on the
day of , 1991.
Nan E. Franklin
City Recorder
SIGNED and APPROVED this day of , 1991.
Catherine M. Golden
Mayor
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 10.68.400 OF THE ASHLAND
MUNICIPAL CODE PERTAINING TO VEHICLE ACCESS ON CALLE
GUANAJUATO.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 10.68.400, parts A and B, of the Ashland
Municipal Code shall be amended to read as follows:
"A. Access by vehicles to Calle Guanajuato, that area
located between Winburn Way and North Main Street, is
prohibited between the hours of 11:30 A.M. and 10:00 P.M.
Monday through Friday, and 8:00 A.M. and . 10:00 P.M.
Saturdays and Sundays from May 1 through October 31.
B. The Ashland Parks and Recreation Commission may issue
permits for access during hours of closure for vehicles of
property owners or lessees that have parking spaces on
private land accessed. through Calle Guanajuato, or for other
functions that are approved by the Ashland Parks and
Recreation Commission. "
The foregoing ordinance was first read on the 16th day of April, 1991,
and duly PASSED and ADOPTED this day of
1991.
Nan E. Franklin
City Recorder
SIGNED and APPROVED this day of 1991.
Catherine Golden
Mayor
Memorandum
May 3 , 1991
„ 4Epp
Brian Almquist, City Administrator
W Steven Hall, Public Works Director
rum:
�ll�fjPCf: Sewer Rate Increase
ACTION REOUESTED
City Council adopt attached resolution raising sewer
rates on June 1, 1991, approximately 15% and
segregating storm drain user fees.
BACKGROUND
The last sewer rate increase was in June, 1984.
This increase is a little over 2% per year which is
far less than the average inflation during that same
period of time. As another example, the Engineering
News Record Construction Cost Index has increased
from 4146 to 4765 (about 15%) during that same
period of time.
On April 18, 1991 the City Budget Committee approved
the 1991-1992 Budget. The approved budget included
a 15% rate increase to meet current needs within the
Sewer Division.
The proposal does not include an increase in the
Storm Drain Utility Fee, but does segregate the
amounts for ease of internal accounting for the two
fees. The utility bill will not segregate the two
fees. The last increase of the Storm Drain Utility
Fee was in 1989 when it was increased from $0.50 to
$1.00 per month for a single family residence.
Staff recommends approval of the rate increase.
encl: Ordinance w% Exhibit "A"
RESOLUTION NO. 91-
A RESOLUTION ADOPTING A SEWER RATE SCHEDULE PURSUANT
TO SECTION 14.08.035 OF THE ASHLAND MUNICIPAL CODE
AND SEGREGATING THE STORM DRAIN FEES.
THE MAYOR AND CITY COUNCIL OF THE CITY OF ASHLAND DO
RESOLVE AS FOLLOWS:
SECTION 1. The "Sewer and Storm Drain Utility Rate
Schedule" marked Exhibit "A" and attached to this
Resolution is adopted as the sewer and storm drain
user rates.
SECTION 2. Three (3) copies of this Resolution and
Exhibit "A" shall be maintained in the office of the
City Recorder and shall be available for public
inspection during regular business hours.
SECTION 3 . The rates adopted pursuant to this
Resolution shall be effective for water meter
readings after June 1, 1991.
SECTION 4. Resolutions 84-27, 89-10 and 89-16 are
repealed on the effective date of this Resolution.
The foregoing Resolution was READ and DULY ADOPTED
at a regular
meeting of the City Council of the City of Ashland
on the 7th Day of May, 1991.
Nan •E. Franklin, City Recorder
SIGNED and APPROVED this day of May, 1991.
Catherine M. Golden,
Mayor
E X H I B I T "A"
C I T Y O F A S H L A N D, O R E G O N
S E W E R
A N D
S T O R M D R A I N U T I L I T Y
R A T E S C H E D U L E S
RESOLUTION NO. 91-
ADOPTED MAY 7, 1991
EFFECTIVE DATE NNE 1, 1991
All sewer service provided by the City of Ashland will be in
accordance with Chapter 14. 08 of the Ashland Municipal Code. For
internal accounting purposes, the Storm Drain Fees are
segregated.
1. SEWER RATES WITHIN THE CITY LIMITS
A. Single Family Residential $8. 10 per month
B. Condominiums $8. 10 per month per unit
C. Conversions to Condominiums $8. 10 per month per unit
D. Multiple Family Residential $6.40 per month per unit
E. Mobile Homes and Trailers $6.40 per month per unit
F. Communal sleeping facilities Same as 1.G. , below
e.g. Dormitories, fraternities,
sororities or boarding houses
G. Commercial and Institutional $8. 10 per month plus
$0.70 per 100 cubic feet
of the current amount of
water consumption in
excess of 1,000 cubic
feet.
2. SANITARY DUMP STATIONS WITHIN THE 'CITY LIMITS
Units providing sanitary dumps $19.00 per month in
for recreational vehicles addition to other regular
fees
3. INDUSTRIAL SEWER RATES WITHIN THE CITY LIMITS
A. Industrial uses are defined in Section 35.905-18 of the
Federal Register, Volume 38, Number 98.
B. Rates will be calculated in accordance with Section
35.935-13 of the Federal Register, Volume 38, Number 98.
C. An agreement shall be entered into between the
industrial user and the City of Ashland for the recovery of
capital costs in accordance with Section 35.938 of the
Federal Register, Volume 38, Number 98.
SEWER/STORM RATES
EXHIBIT 'A'
PAGE 2
4 . MULTIPLE OR MIXED USE SEWER RATES WITHIN THE CITY LIMITS
A. The monthly sewer user charge shall be -the total of the
several sewer user charges for each business or activity
computed separately.
5. ADJUSTMENTS AND EXEMPTIONS TO COMMERICAL AND INDUSTRIAL
SEWER RATES
A. If a commercial or industrial user can demonstrate that
the volume of sewage discharged by the user is less than 50%
of the water consumed, the City Administrator may adjust the
sewer user charge accordingly.
B. Water sold through an irrigation meter is exempt from
sewer user charge.
6, STORM DRAIN UTILITY CHARGES WITH THE CITY LIMITS
A. Single Family Residential $1. 00 per month
B. Condominiums $1.00 per month per unit
C. Conversions to Condominiums $1. 00 per month per unit
D. Multiple Family Residential $1.00 per month per unit
E. Mobile Homes and Trailers $1.00 per month per unit
F. Communal sleeping facilities Same as 1.G. , below
e.g. Dormitories, fraternities,
sororities or boarding houses
G. Commercial and Institutional $1.00 per month plus
$0. 10 per 100 cubic feet
of the current amount of
water consumption in
excess of 1,000 cubic
feet.
7. SEWER AND STORM DRAIN RATES OUTSIDE THE CITY LIMITS
A. The sewer user charge shall apply to those sewer users
permitted under Section 14 .08. 030 of the Ashland Municipal
Code.
B. The sewer and storm drain user charges for outside the
city limits shall be two (2) times the sewer and storm drain
user charges for inside the city limits.
' ~
CITY OF ASHLAND
PUBLIC --DEPARTMENT
SEWER DIVISlO�
1991 RATE INCREA5E
SENER/STPRN SE5REGATIDN
=========|=========== ============|
CATEGORY | CURRENT
|SEWER STD�N TOTAL ;SEWER STORM TOTAL |-HWEF STORM -OTAL % |
====---===========�|===�==============/==========�=============|
REGlDENTIA 00 C0 d8. X |$8,05 $� 00 $9,05 |$8. $9. i0
CgNDOMINlI 1MS |�7,O0 ��.00 $B.0O |$8��� �1.00 $9"05 1$8. 1O ��.00 �9" 1O l07C |
MULTI-FAMlLY 1-1 11$l�0S $�"50 |�6��2 $1 OO $7�32 |$�.40 $l.S� $7.40 �3�51 |
MOBILE HOMES $5"5O $1.00 $6`50 |$6-32 $1.00 $7.32 {$6.40 $1^0O $7^40 13�51 |
COMM'L/INSTTT`L| | | |
FLAT RATE |$7"00 $1^O0 $8.00 1$8^05 $1^00 $9^05 |$8. l0 $1^00 $9" 10 l0.98 |
FLOW RATE* |$0.6C.) $0.O9 $0.69 |$0.69 $O^O9 $O.78 :$C',.770 $0. 10 $0.80 12"5 |
� The storm drain portion has been computed at 12"5% of total fee
Based on flat rate, $1.00 is 12.5% of $8.00 total fee
.
League of Oregon Cities
Local Govemment Center, 1201 Court St. N.E.,P.O.Box 928, Salem 97308•Telephone:(503)588-6550; 1-800-452-0338 toil tree;FAX:378.5859
April 24, 1991
MEMORANDUM
TO: Oregon Mayors
611,
FROM: Dick Townsend, Executive Director, League of Oregon Cities
RE: Road Financing — HB 3559 — Action Requested
I
This correspondence comes to you as an uigent request for help on pending gas tax legislation
(HB 3559). The bill has been assigned to the House Revenue Committee (Chair, Debut Jones,
R.-Aloha), and is waiting to be rescheduled for a hearing. If cities are to receive more gas tax monies to
meet their street maintenance needs, your help is vital.
To meet future road needs and to maintain the progress we have made to date, the state's road user fees
must be increased; HB 3559 is the vehicle. HB 3559 requests the 1991 Legislature to increase the gas
and equivalent weight/mile tax by two cents per year for the next four years. The first four cents of the
increase will be distributed according to the existing distribution formula:.60.05% state, 24.38% counties,
and 15.57% cities. The last four cents will be distributed 50% state, 30% counties, and 20% cities.
The League recently sent you a copy of Making the Right Turn, the 1991 update of road needs in
Oregon. The update, and the 1986 study on which the update is based, is a product of the Oregon
Roads Finance Committee. The committee is a coalition of state, county and city representatives working
cooperatively to document Oregon's road needs and to secure incremental increases in road user fees.
The League has participated on this committee since its inception in 1985.
The 1991 update demonstrates that we are making progress: the gap between available resources and
road needs has decreased from $21 billion in 1986 to $19.7 billion in 1991. While the financing gap is
closing, there are still significant unmet road needs across the state. Even with the increases in road user
fees granted by the 1987 and 1989 legislatures, demands from growth and inflation have diminished our
progress.
(Continued)
OFFICERS: CaWO 8a1oe, Maym, Gl Pa RletlOvtl • Joe WEICTDRS:Jary EMam,Map,Tigard•PeN Rew,Cdy Marwow,Isle 0'.'W•Jery HA,Ca r.'d"LWw•Bd Li ...ft Map;
MrlauglJ.MaN.fbltlebn,VIO" rC.Mle Lmdb g.Can SW-9MW•BA P�.GM MWOP..Rsrtimn.Mmun Rai.M.N.trbeperlCelre•awdw%hM Ma Canals•Ln Wg
Oregon Mayors
April 24, 1991
Page 2
The passage of HB 3559 is important to cities and to the state as a whole. To help ensure the passage of
HB 3559, the League requests the assistance of cities as follows:
I. The League urges all cities to adopt a resolution in support of HB 3559 as soon as possible.
A sample resolution is enclosed. Copies of the resolution should be sent to:
A. Representative Ted Calouri -- Chief sponsor of HB 3559
Oregon State Capitol
Room H491
Salem, OR 97310
Representative Delna Jones -- Chair of House Revenue
Oregon State Capitol
Room H475
Salem, OR 97310
B. League of Oregon Cities
C. State legislators from your districts.
II. The League's second request is that cities work closely with the local news media to draw public
attention to the need for increases in the road user fee. Enclosed is a press release cities may use
for this purpose. In some instances cities and counties may be working together in contacting the
news media, which should have an even larger impact on public legislative opinion.
Maintenance backlogs, repair and preservation needs, growth demands, inflation, and reduced general
fund support for roads -- these are critical factors influencing the need for additional gas tax increases.
Oregon's economic well-being depends on a well maintained road infrastructure. To maintain the
infrastructure we need additional revenue. Please join other cities in demonstrating to the Legislature
the continuing need all of you have for increased road funding by showing your support of HB 3559.
cc: City Managers/Recorders
RESOLUTION NO. 91-
A RESOLUTION CONCERNING A STATEWIDE LONG-TERM PROGRAM TO
IMPROVE OREGONvS ROADS AND BRIDGE INFRASTRUCTURE.
WHEREAS, the Oregon Roads Financing Committee, representing the
State of Oregon (Oregon Department of Transportation) ,
the 36 counties, and the large and small cities of
Oregon, has recently completed a new statewide update on
a long-term program to improve Oregon1s roads and bridge
infrastructure, and the results of this study show that,
while the program is addressing some priority needs and
is beginning to reduce a large backlog of basic road
maintenance requirements, the long-term program
objectives are not being met. The reasons for the long-
term shortfall include: growth demands, which are
adding to the unmet need for road and bridge
improvement; the continuing inadequacy of available
revenues to cover both growth demands and unmet backlog
requirements for road and bridge maintenance; and the
impact of inflation on costs of improvements; and
WHEREAS, the objectives of the long-term program that began in
1986 remain critical to the economies of Oregon cities,
counties, and the state. Those objectives are: to
preserve the public investment in the highway
infrastructure; to stay on top of demand and
opportunities arising from growth; to ensure the system
of roads and bridges statewide meets future needs and
enhances livability throughout Oregon; and
WHEREAS, the state, cities and counties in Oregon have made' s
significant commitment to improve major roads and
bridges in both urban and rural areas of the state, and
propose over the next four (4) years to accelerate that
effort to ensure communities statewide are able to
capitalize on economic development and tourism
opportunities; and
WHEREAS, cities and counties, as well as the state, propose over
the next four (4) years to set priorities of expanding
road capacity and reducing traffic congestion in growth
areas of the state, and reducing the costs of future
road repairs and reconstruction by making less costly
maintenance improvements now.
NOW THEREFORE BE IT RESOLVED that the Mayor and City Council of
the City of Ashland supports the recommendations of the Oregon
Roads Financing Committee that the 1991 session of the Oregon
State Legislature enact laws which will:
1. impose a two ($0.02) cent increase in state gasoline
taxes over each of the nest four (4) years (1992-1995) ;
and
2. impose an equivalent increase in the state weight/mile
tax.
The foregoing Resolution was READ and DULY ADOPTED at a regular
meeting of the City Council of the City of Ashland on the
day of , 1991.
Nan E. Franklin
City Recorder
SIGNED and APPROVED this day of , 1991.
Catherine M. Golden
Mayor
Regional Hazardous Materials Emergency Response Team Contract
CONTRACT FOR
REGIONAL HAZARDOUS MATERIALS EMERGENCY
RESPONSE TEAM SERVICES
Between
THE STATE OF OREGON, ACTING BY AND THROUGH
THE OFFICE OF STATE FIRE MARSHAL
and
CITY OF MEDFORD FIRE DEPARTMENT
CITY OF GRANTS PASS FIRE DEPARTMENT
CITY OF ASHLAND FIRE DEPARTMENT
JACKSON COUNTY RURAL FIRE PROTECTION DISTRICT #5
STATE OF OREGON
Barbara Roberts
Governor
Everett Hall
State Fire Marshal
Date: January 1991
Page 1 of 23
Regional Hazardous Materials Emergency Response Team Contract
TABLE OF CONTENTS
Page
1.0 Contract l ype...........................................:.......................................................... 5
1.1 Recitals...................................................................................:............................... 5
1.2 Contract Term..................................................................................................... 5
2.0 Definitions....................,.......................................................................................... 5
2.1 Statement of Work.............................................................................................. 8
2.1.1 Services to be Provided by Contractor
2.1.2 Performance Conditions
2.1.3 Personnel
2.1.4 Vehicles and Equipment
2.1.5 Limitations
2.1.6 Business Plan
2.1.7 Administrative Rules
22 Contractor Compensation............................................ .................................... 11
2.2.1 Stand-by Costs
Specialized Training
Start-up Costs
Vehicle and Equipment Loans
2.2.2 Extraordinary Response Costs
Vehicle and Equipment Expenses
Personnel Expenses
Out-of-Pocket Expenses
Billing System (to responsible parties)
2.2.3 Interest
2.2.4 Maximum Contract Value
2.2.5 Prior Approval
2.3 Where No Responsible Party Can Be Identified......................................• 15
2.4 Contractor Status................................................................................................. 15
2.5 Retirement System Status............................................................................... 15
2.6 Assignments/Subcontracts.............................................................................. 15
2.7 Successors in Interest...................................................................................... 16
2.8 Compliance With Government Regulations............................................... 16
2.9 Force Majeure........................................................................................................ 16
Page 2 of 23
Regional Hazardous Materials Emergency Response Team Contract
Page
2.10 State Tort Claims Act....................................................................................... 16
2.10.1 Scope
2.10.2 Limitations
2.10.3 Notifications
2.11 Indemnification..................................
.................................................................. 17
2.12 Seveiability............................................................................................................. 17
2.13 Access to Records................................................................................................ 17
2.13.1 Confidentiality
2.14 Amendments.......................................................................................................... 18
2.15 Payment of Contractor's Obligations............................................................. 18
2.16 Nondiscrimination....................................................................I............................ 18
2.17 Dual Payment......................................................................................................... 18
2.18 Payment for Medical Care..................................................:.............................. 18
2.19 Insurance Coverages...........:........................................................:....................... 19
2.19.1 Workers' Compensation
2.19.2 Comprehensive or Commercial General Liability,
2.19:3 Automobile Liability
2.19.4 Notice of Cancellation or Change
2.19.5 Certificate(s) of Insurance
2.19.6 Physical Damage Clause
2.20. Remedies................................................................................................................. 20
2.21 Termination........******............................................................................................... 20
2.21.1 Default
2.22 Approval Authority............................................................................................... 21
2.23 Insufficient Rinds................................................................................................. 21
3.0 Approving Signatures.......................................................................................... 22
Page 3 of 23
Regional Hazardous Materials Emergency Response Team Contract
Addenda
Addendum 1 - Additional Contract Terms
Addendum 2 - Apparent Award Letter to Contractor
Exhibits
Exhibit A - Contractor's Primary Response Area
Exhibit B - Standard Operating Procedure
Exhibit C - Vehicle and Equipment Reimbursement Schedule
Exhibit D - Personnel Reimbursement Schedule
Exhibit E - Contractor Cost Recovery System
Page 4 of 23
I r
Regional Hazardous Materials Emergency Response Team Contract.
Contract for Regional Hazardous Materials
Emergency Response Team Services
General Contract Information
1.0 Contract Type: This personal services Agreement is between the State
of Oregon, acting by and through the State Fire Marshal (hereinafter "State")
and City of Medford Fire Department, City of Grants Pass Fire Department,
City of Ashland Fire Department and Jackson County Rural Fire Protection
District #5 (hereinafter "Contractor") for the provision of regional hazardous
materials emergency response services as described herein and authorized
under ORS 453.374 to 453.390.
1.1 Recitals: In order to protect life and property against the dangers of
emergencies involving hazardous materials, the State Fire Marshal may
assign and make available for use in any county. city or district, any part of a
regional hazardous materials emergency response team.
The State desires to enter into this Agreement to establish Contractor as a
regional hazardous materials emergency response team, and Contractor
desires to be so designated and to enter into this Agreement.
1.2 Contract Term: This Agreement shall be from the date of the last
required signature to June 30,1991. Subject to Legislative approval, future
Agreements will be awarded on a biennial basis.
Standard Contract Terms and Conditions
2.0 Definitions:
"Agreement" means this contract, together with all addenda and exhibits.
Addendum include the following:
Addendum 1 Additional Contract Terms
Addendum 2. Apparent Award Letter to Contractor
Page 5 of 23
Regional Hazardous Materials Emergency Response Team Contract
This Agreement constitutes the entire contract between the State and the
Contractor. `
"Clean up" means the measures taken after emergency response to permanently
remove the hazard from the incident site.
"Contractor" means the local government agency by which.the service or services
will be performed under this Agreement.
"Emergency Response" means:
a Actions taken to monitor, assess and evaluate a spill or release or threatened
spill or release of hazardous materials:
b. First aid, rescue or medical services;
c. Fire suppression, containment, confinement, or other actions appropriate to
prevent, minimize or mitigate damage to the public health, safety, welfare or
the environment which may result from a spill or release or threatened spill
or release of a hazardous material if action is not taken.
"Emergency Response Cost" means the total emergency response expense arising
from a hazardous materials emergency. Such costs generally include, but are not
limited to, all State and local government expenses that result from the
assessment and emergency phases of the response activity. Emergency response
costs do not include clean-up or disposal costs of hazardous materials, except as
may be reasonably necessary and incidental to preventing a release or threat of
release of a hazardous material or in stabilizing the emergency response incident.
"Extraordinary Response Cost" means those Contractor expenses which are
expressly allowed under this Agreement and are approved by the State.
Extraordinary costs under this Agreement do not include the wide range of
emergency response costs associated with a hazardous materials emergency,
but shall be limited to approved expenses directly related to regional
hazardous materials emergency response team operations.
"Hazardous materials" means "hazardous substance" as that term is defined .
in ORS 453.307(4).
Page 6 of 23
Regional Hazardous Materials Emergency Response Team Contract
"HIRT' means a Heavy Intervention and Rescue Team. This operational
concept was described and offered in the State's RFP. It was subsequently
withdrawn. Current operational formats are now limited to, "Level A
Regional Hazardous Materials Emergency Response Teams", or "Level B
Special Chemical Assessment Teams (SCAT)" defined herein.
"Incident' means any actual or imminent threat of a release, rupture, fire or
accident that results, or has the potential to result, in the loss or escape of a
hazardous material.
"Local Government Agency" means a city, county, special function district or
subdivision thereof.
"ORS" means Oregon Revised Statutes.
"Primary Response Area" means that geographical region where the
Contractor is principally responsible for providing regional hazardous
materials emergency response services.
"Regional Hazardous Materials Emergency Response Team" means the designated
employees of the contractor who are. expected to respond to, control, and/or
stabilize actual or potential emergency releases of hazardous substances. Teams
shall be classified in one of two operating formats according to the type of
personal protective equipment provided:
1) A Regional Hazardous Materials Emergency Response Team operates
within the safety limits of "Level A" personal protective equipment as
discussed in Oregon-OSHA's OAR 437-02-100(q) and its Appendix B.
Regional Hazardous Materials Emergency Response Team staffing
normally includes up to eight (8) team members.
2) A Special Chemical Assessment Team (SCAT) operates within the
safety limits of "Level B personal protective equipment discussed in
Oregon-OSHA's OAR 437-02-100(q) and its Appendix B. SCAT
staffing normally includes up to four (4) team members.
Page 7 of 23
Regional Hazardous Materials Emergency Response Team Contract
"Release" shall have the same meaning as that in ORS 465.200(14)
"Responsible Party" means the person(s) responsible for causing the emergency to
which the Contractor responded. (See, e.g. ORS 453.382).
"State" means the State of Oregon acting by and through the State Fire Marshal.
"State Spill Response Revolving Fund" means the revolving fund established under
ORS 453.390 et seq.
2.1 Statement of Work:
2.1.1 Services to be.Provided by Contractor: During the term of this
Agreement the Contractor agrees to provide "Level X regional hazardous
material emergency response team services within the boundaries of
Contractor's assigned Primary Response Area described in "Exhibit A" and by
this reference incorporated herein. Contractor is hereby designated
"HazMat 8."
Contractor's response activities under this Agreement shall be limited to
emergency operations, reporting and documentation activities arising from
hazardous materials releases which threaten life, property, or the
environment. Contractor shall not provide under this Agreement any
services with respect to the sampling, testing and analysis, treatment,
removal, recovery, packaging, monitoring, transportation; movement of
hazardous materials, cleanup, storage and disposal except as it may be
reasonably necessary and incidental to preventing a release or threat of
release of a hazardous material or in stabilizing the emergency response
incident.
Contractor shall not be required to maintain general security and/or safety
perimeters at or near sites and vessels, locate underground utilities, insure
appropriate traffic control services, conduct hydrological investigations and
analyses, or to provide testing, removal and disposal of underground storage
tanks at or near the emergency response incident to which the Contractor
is dispatched. Both the State and Contractor agree that these functions are
Page 8 of 23
Regional Hazardous Materials Emergency Response Team Contract
the responsibility of the responsible party or the local jurisdiction in which
the incident occurs.
Contractor makes no representations or warranties to third parties with
regard to the ultimate outcome of the hazardous materials services to be
provided, but will respond to the best of its abilities, subject to the terms of
this Agreement.
2.1.2 Performance Conditions: Contractor acknowledges that prior to
undertaking any emergency response activity under this Agreement,
Contractor shall first receive written approval from the State to proceed
with response activities. State approval shall be conditioned upon the
Contractor demonstrating to the State that its employees, equipment, and
vehicles meet or exceed applicable regulatory requirements. Contractor
agrees to allow the State to bill the responsible party(s) for the emergency
response costs incurred by the Contractor.
Contractor may request in writing to be authorized to operate on a
temporary basis using locally owned vehicles and equipment. If the State
approves such request, it will do so in writing. In any case, Contractor may
not respond under.this Agreement until all required signatures have been
obtained and the State has issued a written "Notice To Proceed" to
Contractor.
2.1.3 Personnel: Contractor agrees to provide an adequate number of
trained, medically monitored, competent, and supervised personnel as is
necessary to operate within the safety levels of a "Level A" regional hazardous
material emergency response team. Contractor agrees to limit its team
activities to that within the safety levels specified by OR-OSHA for a Level A
hazardous materials response team.
2.1.4 Vehicles and Equipment: Until such time as the State is able to
complete its procurement and make the vehicle and equipment loans to
Contractor, Contractor may provide such vehicles and equipment as it
currently has available as provided in 2.1.2 herein. Routine maintenance of
State and local vehicles and equipment shall be the sole responsibility of the
Page 9 of 23
Regional Hazardous Materials Emergency Response Team Contract
Contractor. Repairs, other than routine maintenance, to State vehicles and
equipment shall be the responsibility of the State. Contractor agrees to limit
its activities to that which can be safely accomplished within the technical
limitations of the vehicles and equipment provided by the Contractor or the
State. For purposes of this Agreement, routine maintenance means:
A Apparatus and Vehicles
1. Daily/weekly/monthly checks of vehicle and equipment.
2. Semiannual and/or mileage related lubrication, on and filter
changes.
3. Annual tuneup as required for preventative maintenance to assure
peak performance.
BK Equipment checks and testing as outlined in the Oregon-OSHA
standards and manufacturer's recommendations.
C. Protective Clothing to be tested as per Oregon-OSHA standards and
manufacturer's recommendations.
D. Communications equipment checked on daily basis and repaired as
needed.
2.1.5 Limitations: The State recognizes that the obligations of,the
Contractor in its own jurisdiction are paramount. Contractor's obligation to
provide services hereunder shall arise, with respect to specific response
actions, upon receipt of a emergency response request by the Contractor. If
such response request conforms with the State's Hazardous Materials
Response Team Standard Operating Procedure regarding Decisions to
Respond to Hazardous Materials Incidents is attached as "Exhibit B" and
which by this reference incorporated herein, then the Contractor may
respond on its own order and immediately thereafter notify the State Fire
Marshal Hazardous Materials Duty Officer.
If the emergency response request does not meet the Standard Operating
Procedure criteria, the Contractor shall refer the response request to the
State Fire Marshal Hazardous Materials Duty Officer who will evaluate the
situation and either authorize the Contractor's response or decline the
response request.
Page 10 of 23
Regional Hazardous Materials Emergency Response Team Contract
If, on occasion, a response under this Contract would temporarily place an
undue burden on the Contractor because Contractor's resources are
otherwise limited or unavailable within the Contractor's Primary Response
Area, then if prior or immediate notice has been provided to the State Fire
Marshal Hazardous Materials Duty Officer, the Contractor may decline a
request for a regional emergency response.
2.1.6 Business Plan: Contractor and State agree that regional response team
operations will be conducted in accordance with a business plan that will be
mutually approved.
2.1.7 Administrative Rules: The parties acknowledge that the State will
adopt by administrative rule a regional hazardous materials emergency
response plan. These rules shall be published and adopted in due course,
and upon such adoption, may require modification of the procedures, terms
and conditions of this contract. The rules,'when adopted, shall not become
part of this contract without the agreement of Contractor.
2.2 Contractor Compensation:
There are two types of Contractor compensation under this Agreement: (1)
stand-by costs and (2) extraordinary response costs. Each of these are
discussed more fully below.
2.2.1 Stand-by Costs: Contractor shall be compensated by the State under
this Agreement for its State approved stand-by costs. Such stand-by costs
include:
None proposed
Specialized Training Expenses: The State may provide advanced training
and education to Contractor's employees. Requests for such training must
be approved by the State in advance. All such training must comply with the
governmental regulations associated with assigned duties under this
Agreement. Although the State cannot pay for non-emergency salary
expenses, it can pay the cost of tuition, training aids, and per diem/travel
Page 11 of 23
Regional Hazardous Materials Emergency Response Team Contract
expenses at State approved rates up to a maximum of $3,000 per person or
the proposed rate for up to 24 team members. Where the Contractor
demonstrates that its employees already meet or exceed State approved
standards, then the allocated training funds may be shifted to the
Contractor's equipment account as described herein.
Start-up Costs: No cash payments shall be made to the Contractor in
advance of any State approved operations. However, the State agrees to
reimburse contractor's initial start-up costs as follows:
None Proposed .
Vehicle and Equipment Loans: State agrees to purchase and loan the
Contractor one or more team vehicles and/or emergency response team
equipment as approved in the State's Apparent Award Letter to Contractor
which is found in "Addendum 2" of this Agreement which by this reference
is incorporated herein:
The specific type vehicle and equipment selections are to be mutually
agreed upon by the State and the Contractor. The State and Contractor
agree that although a primary project goal is to standardize vehicles and
equipment on a statewide basis, limited vehicle and equipment substitutions
•to meet local needs may be made upon mutual approval of the State and the
Contractor.
2.2.2 Extraordinary Response Costs: Contractor shall be compensated by
the State under this Agreement for its State approved extraordinary
response costs. Such extraordinary response costs include:
Vehicle and Equipment Expenses: Where State has approved the use of
Contractor's vehicles and equipment, State shall compensate Contractor at
the rates described in "Exhibit C" to this Agreement which by this reference
is incorporated herein.
Personnel Expenses: Contractor's extraordinary personnel expenses which
are approved and authorized under this Agreement are compensable at the
Page 12 of 23
Regional Hazardous Materials Emergency Response Team Contract
rates described in "Exhibit D" to this Agreement which by this reference is
incorporated herein. Personnel expenses shall be billed to the nearest six
(6) minute period worked (e.g. 1/10th hour increments).
Out-of-Pocket Expenses: Contractor's necessary and reasonable out-of-
pocket expenses related to services rendered under this Agreement are
reimbursable. All such costs must be based on actual expenditures and
documented by the Contractor. Extraordinary emergency out-of-pocket,
purchases of up to $100 per emergency response incident may be made at
the Contractor's discretion without prior approval by the State. Contractor's
emergency out-of-pocket expenses in excess of $100 shall normally be
approved in writing but, during emergencies, may be approved verbally by
the State Fire Marshal Hazardous Materials Duty Officer. Contractor's claim
for reimbursement must clearly document the nature of the purchases and
extent of the State's prior verbal approval of Contractor's out-of-pocket
expenditures. The State reserves the right to deny any payment of
unjustifiable Contractor expenditures.
Billing System: State agrees to bill responsible parties for Contractor's total
emergency response costs. Contractor's emergency response costs shall
normally be collected by the State from the Responsible Party(s) before
payment is made to the Contractor. Where payment has not been received
by the. State within 30 days after the second billing to the Responsible
Party(s), then the Contractor's approved extraordinary response costs shall
be paid to the Contractor from.the State Spill Response Revolving Fund. In
no case shall the State's payment to the Contractor exceed 63 days after
receipt of the Contractor's invoice by State. Thereafter, if the State
successfully recovers payment from the Responsible Party(s) it shall first be
used to pay the Contractor's extraordinary response costs, if these have not
been paid in their entirety, then used to reimburse the State.Spill Response
Revolving Fund for the amount previously paid to Contractor and the State's
administrative costs. Any remaining funds will be paid to Contractor up to
Contractor's total emergency response cost.
Page 13 of 23
Regional Hazardous Materials Emergency Response Team Contract
If a disputed billing is resolved in favor of the responsible party(s), then the
Contractor shall not be required to reimburse the State for payments
previously made.
The billing and cost recovery process is graphically described in "Exhibit E"
to this Agreement and by this reference incorporated herein. Contractor's
claim for reimbursement shall be on State approved forms and shall contain
such documentation as is necessary to support State's cost-recovery
operations and financial audits. Contractor agrees to cooperate with the
State as is reasonable and necessary in order to allow the State to bill third
parties and pursue recovery actions.
2.2.3 Interest: If the State fails to make timely payments to Contractor as
described in 2.2.2, interest shall be paid to Contractor by the State on
amounts past due at the rate of interest specified in ORS 293.462(3).
Interest payments will be made only if invoiced by Contractor on State-
approved forms.
2.2.4 Maximum Contract Value: This Agreement shall have a maximum
value of $225,000 for stand-by costs. The State certifies at the time of
contract that sufficient funds are authorized within the agency's limitation to
finance the costs of this contract. The maximum contract value includes
those items specified in 2.2.1 and the value of all State owned vehicles
and/or equipment which is to be loaned to the Contractor under this
Agreement. The maximum contract value does not, however, include
Contractor's extraordinary response costs as specified in 2.2.2.
Such extraordinary response costs shall be limited only by the funds
available in the State Spill Response Revolving Fund established under ORS
453.390 et seq. No additional Contractor compensation shall be paid under
this Contract unless otherwise specifically agreed to by both the State and
the Contractor, and upon written amendment to this Contract. State's
payments shall be full compensation for work performed or services
rendered and for all labor, materials, supplies, equipment, and incidentals
necessary to complete the work authorized under this Contract. Acceptance
of payment by the Contractor shall operate as a release to the State of all
claims by Contractor for reimbursement of extraordinary response costs
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except where partial payment has been made due to limitations of the
State's Spill Response Revolving Fund and subject to further payment as set
forth above.
2.2.5 Prior Approval: Contractor, when acting under this Agreement, may
not respond without prior written or verbal approval by State. Granting of
response approval by the State Fire Marshal Hazardous Materials Duty Officer
constitutes the State's agreement to pay Contractor's extraordinary response
costs from the State Spill Response Revolving Fund if recovery from a
responsible party(s) is not possible. State's response approval may take the
form of written Standard Operating Procedure as set forth in Section 2.1.5.
Contractor agrees to make all reasonable and good faith efforts to minimise
Responsible Party and/or State expenses.
2.3 Where No Responsible Party Can Be.Identified: As previously
mentioned in Section 2.2, State agrees to bill the party(s) responsible for
causing the hazardous materials emergency for Contractor's total emergency
response costs. Where there is no identifiable Responsible Party, or if the
Responsible Party is unable to pay, the State agrees to pay Contractor's
extraordinary response costs from the State Spill Response Revolving Fund
if funds are available and if Contractor has complied with 2.2.5 herein.
2.4 Contractor Status: Contractor certifies it is not an employee of the
State of Oregon and is a local government agency(s).
2.5 Retirement System Status: Contractor is not entitled under this
Agreement to any Public Employees Retirement System benefits and will be
responsible for payment of any applicable federal or state taxes. Contractor
is not entitled under this Agreement to any benefits for payments of federal
Social Security, employment insurance, or workers' compensation.
2.6 Assignments/Subcontracts: Contractor shall not assign, sell, transfer,
subcontract or sublet rights, or delegate responsibilities under this
Agreement, in whole or in part, without the prior written approval of State.
Such written approval will not relieve Contractor of any obligations of this
Agreement, and any transferee or subcontractor shall be considered the
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Regional Hazardous Materials Emergency Response Team Contract
agent of Contractor. . Except where State expressly approves otherwise,
Contractor shall remain liable as between original parties to the contract as
if no such assignment had occurred.
2.7 Successors in Interest: The provisions of this Agreement shall be
binding upon and shall inure to the benefit of the parties to the Agreement
and their respective successors and assigns.
2.8 Compliance With Government Regulations: Contractor agrees to
comply with federal, state and local laws, codes, regulations and ordinances
applicable to the work performed under this Agreement including, but not .
limited to, OAR 437-02-100(q) and its Appendix B. Failure to comply with
such requirements shall constitute a breach of contract and shall be grounds
for contract termination.
2.9 Force Majeure: Neither party to this Agreement shall be held
responsible for delay or default caused by fire, riots, acts of God and/or war
which is beyond that party's reasonable control. State may terminate this
Agreement upon written notice after determining such delay or default will
reasonably prevent performance of the Agreement.
2.10 State Tort Claims Act:
2.10.1 Scope: During operations authorized by this contract, Contractor
and members of regional hazardous materials response teams shall be agents
of the state and protected and defended from liability under ORS 30.260 to
30.300. For purposes of this section, operations means activities directly
related to a particular emergency response involving.a hazardous material by
a regional hazardous materials emergency response team. Operations also
includes advanced training activities provided under this contract to the
members of a hazardous materials response team, but does not include
travel outside of travel to a hazardous materials release.
2.10.2 Limitations: This Agreement in no way limits a contractor from
responding under local authority, mutual-aid agreements, or other contracts
under local authority.
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2.10.3 Notifications: Contractor shall immediately report by telephone and
in writing any demand or occurrence that reasonably may give rise to a claim
against the State. Such reports shall be directed to:
State Fire Marshal Hazardous Materials Duty Officer
3000 Market St N.E., #534
Salem, OR 97310
(503) 871-7600
(503) 370-3430 Pager
(For Pager.- After "beep", enter number to which call should be returned)
Copies of such written reports shall also be sent to the:
State Risk Management Division
1225 Ferry Street S.E.
Salem, OR 97310
2.11 Indemnification: When acting as other than an agent.of the State
.under this Agreement, and when using State's vehicles, equipment,
procedures, or training, the Contractor shall indemnify, defend and hold
harmless the State, its officers, divisions, agents, employees, and members,
from all claims, suits or actions of any nature arising out of the activities or
omissions of Contractor, its officers, subcontractors, agents or employees
subject to the Oregon Tort Claims Act, ORS 30.260 to 30.300, and the
Oregon Constitution.
2.12 Severability: If any provision of this Agreement is declared by a court
to be illegal or in conflict with any law, the validity of the remaining terms
and provisions shall not be affected: and the rights and obligations of the
parties shall be construed and enforced as if the Agreement did not contain
the particular provision held to be invalid.
2.13 Access to Records: Each party to this contract, the federal
government, and their duly authorized representatives shall have access to
the other party's books, documents, investigative reports, papers and
records which are directly pertinent to this Agreement for the purpose of
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Regional Hazardous Materials Emergency.Response Team Contract
making financial, maintenance or regulatory audit. Such records shall be
maintained for at least three (3) years or longer where required by law.
2.13.1 Confidentiality: Except as otherwise provided by law, each party to
this Agreement mutually agree that they shall not in any way, except as may
be required in connection with this Agreement, disclose each others
confidential information to a third party. The rights and obligations set
forth in this section shall survive termination of the Contract. Any duty
under this sub-section shall arise only upon actual and specific notice to the
other party that an item is confidential.
2.14 Amendments: The terms of this Agreement shall not be waived,
altered, modified, supplemented or amended in any manner whatsoever
without prior written approval of State and Contractor.
2.15 Payment of Contractor's Obligations:' Contractor agrees to make
payment promptly, as due, to all persons furnishing services, equipment or
supplies to Contractor. If Contractor fails, neglects or refuses to pay any
such claims as they become due and for which the State may be held liable,
the proper officer(s) representing the State, after ascertaining that the
claims are dust, due and payable, may, but shall not be required to, pay the
claim and charge the amount of the payment against funds due Contractor
under this Agreement. The payment of claims in this manner shall not
relieve Contractor of any duty with respect to any unpaid claims.
2.16 Nondiscrimination: Contractor shall comply with all applicable
requirements of federal and state civil rights and rehabilitation statutes,
rules and regulations. Contractors are encouraged to recruit qualified
women and minorities as regional response team members.
2.17 Dual Payment: Contractor shall not be compensated for work
performed under this Agreement by any state agency or persons)
responsible for causing a hazardous materials emergency except as approved
and authorized under this Agreement.
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2.18 Payment for Medical Care: Contractor agrees to make payment
promptly, as due, to any person, partnership, association or corporation
furnishing medical, surgical, hospital or other needed medical care to.
Contractor's employees. Such payment shall be made from all sums which
Contractor has agreed to pay for such services and from all sums which
Contractor has collected or deducted from the wages of employees pursuant
to any law, contract or Agreement for the purpose of providing or paying for
such services.
2.19 Insurance Coverages:
2.19.1 Worker Compensation: Contractor, its subcontractors (if any), and all
employers working under this Agreement are subject employers under the
Oregon Workers' Compensation Law and shall comply with ORS 656.017,
which requires them to provide workers' compensation coverage for all
their subject workers. Nothing in thisAgreement is intended or shall be
construed to create the relationship of employer and employee as between
the State and Contractor.
2.19.2 Comprehensive or Commercial General Liability: Contractor shall
maintain at its own expense, and keep in effect during the term of this
Agreement, comprehensive or commercial general liability insurance, or its
equivalent for self-insured contractors, covering personal injury and
property damage. This insurance shall include coverage for contractual
liability related to the indemnity provisions of this Agreement. Contractor's
general liability coverage limits shall not be less than $500.000 combined
single limit per occurrence, $500,000 in the aggregate, or the equivalent.
2.19.3 Automobile Liability: Contractor and State shall obtain and keep in
effect automobile liability insurance, or its equivalent for self-insured
Contractors, for their respective vehicle(s) during the term of this
Agreement. This coverage may be written in combination with the
comprehensive or commercial general liability insurance mentioned in
section 2.19.2. Auto liability coverage limits shall not be less than $500,000
combined single limit occurrence, or equivalent.
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Regional Hazardous Materials Emergency Response Team Contract
2.19.4 Notice of Cancellation or Change: Contractor and State agree there
shall be no cancellation, material change, exhaustion of aggregate limits or
intent not to renew their respective insurance coverages without 30 days'
written notice to the other party.
2.19.5 Certificate(s) of Insurance: As evidence of the insurance coverage
required by this Agreement, both State and Contractor shall furnish
Certificates of Insurance, or Certificates of Self-Insurance as the case may
be, to each other prior to the beginning of work under this Agreement.
2.19.6 Physical Damage Clause: Contractor agrees to be responsible for any
physical damage, .ordinary wear and tear excepted, to State-owned vehicle(s)
and equipment that occurs when the Contractor is not acting under State
authority, regardless of fault. When acting under State authority, the State
will be responsible for physical damage to State-owned vehicles and
equipment regardless of fault, subject to.the terms and conditions of the
Oregon Risk Management Division Policy 125-7-101 (Property Policy
Manual).
2.20 Remedies: This Agreement shall be governed by and construed in
accordance with the laws of the State of Oregon as interpreted by the
Oregon courts. Any litigation arising out of this Agreement shall be
conducted in the courts of the State of Oregon.
2.21 Termination: This Agreement may be terminated by mutual consent of
both parties, or by either party upon 180 days notice, in writing, and
delivered by certified mail or in person.
The State may terminate this Agreement at will effective upon delivery of
written notice to the Contractor, or at such later date as may be established
by the State, under any of the following conditions:
a If State Fire Marshal funding from federal, state, or other sources is not
obtained and continued at levels sufficient to allow for purchases of the
indicated quantity of services. The Agreement may be modified to
accommodate a reduction in funds.
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Regional Hazardous Materials Emergency Response Team Contract
b. If federal or state laws, rules, regulations, or guidelines are modified,
changed, or interpreted in such a way that the services are no longer
allowable or appropriate for purchase under this Agreement or are no
longer eligible for the funding proposed for payments by this Agreement.
c. If any license or certification required by law or regulation to be held by
the Contractor to provide the services required by this Agreement is for
any reason denied, revoked, or not renewed.
Any termination of the Agreement shall be without prejudice to any
obligations or liabilities of either party already accrued prior to such
termination.
2.21.1 Default: The State or Contractor, by written notice of default
(including breach of contract) to the other party, may terminate the whole
or any part of this Agreement:
a If the other party fails to provide services called for by this Agreement
within the time specified herein or extension thereof, or,
b. If the other party fails to perform any other provision of this Agreement,
or so falls to pursue the work as to endanger performance of this
Agreement in accordance with its terms, and, after receipt of written
notice from the other party, fails to correct such failures within 10 days
or such longer period as the notice may authorize.
2.22 Approval Authority: Contractor representatives certifies that by its
approval signature herein that he or she, as the case may be, has the
necessary and lawful authority to enter into contracts and Agreements on
behalf of the local government entity.
2.23 Insufficient Funds: The obligation of Contractor under this Agreement
is contingent upon the availability and allotment of funds to Contractor and
Contractor may, upon thirty (30) days' prior written notice, terminate this
contract if funds are not available.
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