HomeMy WebLinkAbout1995-0502 Council Mtg PACKET Im r n : Any citizen attending Council meetings may speak on any item on the agenda, unless it is the
subject of a public hearing which has been closed. If you wish to speak, please fill out the Speaker
Request form located near the entrance to the Council Chambers. The Chair will recognize you and
inform you as to the amount of time allotted to you. The time granted will be dependant to some extent
on the nature of the item under discussion, the number of people who wish to be h d, and the length of
the agenda.
AGENDA FOR THE REGULAR MEETIN I
ASHLAND CITY COUNCIL
May 2, 1995
I. PLEDGE OF ALLEGIANCE: 7:00 p.m., Civic Center Council Chambers
II. ROLL CALL
,d'd APPROVAL OF MINUTES: Regular meeting of April 18, 1995.
IV. SPECIAL PRESENTATIONS & AWARDS:
Presentation of Mayor and Council's annual James M. Ragland "Volunteer Spirit"
Community Service Award.
Mayor's proclamation designating the week of May 14-20 as "National Emergency Medical
Services Week".
Mayor's proclamation designating the week of May 14-20 as "National Historic Preservation
Week".
V. CONSENT AGENDA:
1. Minutes of Boards, Commissions and Committees.
�• Departmental Reports for March and April, 1995.
Memorandum from Director of Public Works regarding public hearing on May 16 by DEQ
on Ashland WWTP upgrade.
Letter from State Division of Audits congratulating the City of Ashland for receipt of GFOA
"Certificate of Excellence in Financial Reporting" from 1993-94 Annual Audit.
Quarterly Financial Report ending March, 1995.
VI. PUBLIC HEARINGS: (Testimony limited to 5 minutes per speaker. Must conclude at 9:30 p.m.)
1. Request to amend the Procedures Chapter 18.108 of the Land Use Ordinance; reconciling
other sections of the Land Use Ordinance and the Municipal Code to these amendments;
amending the appeals process and making the Planning Commission the final decision maker
on most land-use decision; amending the variance criteria and other sections in the Land Use
Ordinance; and repealing Resolutions 73-38 and 88-20.
2. Request to amend the Land Use Ordinance of the Ashland Municipal Code, modifying front
yard setbacks in the R-2 and R-3 districts and encouraging porches.
VII. PUBLIC FORUM: Business from the audience not included on the agenda (limited to 5 minutes per
speaker and 15 minutes total).
VIII. UNFINISHED BUSINESS:
Request by George Hutchinson, et at regarding traffic signal at North Main and Maple
Streets.
/2: Memorandum from City Administrator regarding guidelines for annual pay comparisons.
IX. EW AND MISCELLANEOUS BUSINESS: p0 �rvn
L Proposed ordinance on camping on public streets and related issues.l�eSO— o� F�
Request from Director of Public Works concerning request for dedication of Dogwood Way
(a private street) and sidewalks.
�! Request by Councilor Winthrop for Council support of HB3458 that establishes procedures
for local governments and state agencies to collaborate on regional planning.
f✓ Sewer connect request by M/M Clarence Gunther, 1021 Clay Street.
jl Sewer connect request by Wayne Zurfleugh, 180 Crowson Road.
X. INANCES RESOLUTIONS & CONTRACTS:
Reading by title only of "A Resolution transferring appropriations within the 1994-95
budget."
XI. OTHER BUSINESS FROM COUNCIL MEMBERS
XII. ADJOURNMENT
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
April 18, 1995
CALLED TO ORDER
Mayor Golden called the meeting to order at 7:00 p.m., Civic Center Council Chambers. Councilors
Laws, Reid, Hauck, Hagen, Winthrop and Thompson were present.
APPROVAL OF MINUTES
The Minutes of the two Executive Sessions held April 4, 1995 1) pursuant to O.R.S. 192.660(1)(e); and
2) pursuant to O.R.S. 192.660(1)(b) were accepted and the Minutes of the Regular meeting of
April 4, 1995 were accepted as amended with the following:
Page 6, section 3, paragraph 11: of Regular meeting of March 21, 1995: The idea of the wetlands is
to (insert: settle out the solids) and additional sentence after sentence ending ...large percentage of the
phosphorus ...The Brown and Caldwell proposed using wetlands to level out peak flows.
SPECIAL PRESENTATIONS & AWARDS
1. Mayor's proclamation declaring the week of April 16-23 as "Earth Week '95."
2. Proclamation supporting creation of an independent presidential commission to re-examine our
nation's radioactive waste policy.
Clair Collins/315 High St/One of the authors of the proclamation spoke regarding radioactive waste to be
transported to a "interim" site in Nevada through Ashland, via Interstate 5, as early as 1998. She stated
that transporting does little or nothing to solve our nation's radioactive waste problem. There needs to be
onsite containment, with containments that have yet to be devised. This should be the responsibility of the
government.
Comments by Council Laws indicated that private companies should not be given the responsibility of being
in charge of transporting toxic waste.
MAYOR'S APPOINTMENTS
1. Annual appointments and reappointments to City Boards, Commissions, and Committees.
Mayor clarified that she had not been able to confirm with Will Brown his commission on the Forest
Lands but would like to go ahead and approve even if he had not been contacted.
Councilor Reid requested confirmation that there were no appointees serving more than two years.
Mayor Golden did not believe that there were any appointees serving more than two years.
Council Winthrop requested clarification on '95 which was indicated by almost all of the listed
appointees. It was pointed out that the '95 indicated the year in which the seat on the commission
terminated.
CONSENT AGENDA
1. Minutes of Boards, Commissions and Committees.
2. Departmental Reports for March, 1995.
3. City Administrator's monthly report - March, 1995.
Councilors Winthrop/Hagen m/s approval of items J/143 of the Consent Agenda. Voice vote:
all ayes. Motion passed.
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4. Second reading by title only of "An Ordinance amending Sections 18.76.050, 18.76.070, and
18.08.390 of the Ashland Municipal Code relating to flag partitions."
Councilors Hauck/Hagen nn/s approval adoption of item N4 of the Consent Agenda. Roll Call
vote: Laws, Reid, Hauck, Hagen, Winthrop, Thompson, YES. Motion passed.
PUBLIC HEARINGS
1. Request to annend the Procedures Chapter 18.108 of the Land Use Ordinance; reconciling other
sections of the Land Use Ordinance and the Municipal Code to these amendments; amending the
variance criteria and other sections in the Land Use Ordinance; and repealing Resolutions 73-38 and
88-20.
Councilor Reid requested that the public hearing be post-poned as she did not believe that proper notice had
been made. Because it refers to the appeal process for land use planning, it could change the appeal
process from Planning Commission to the Council and would more likely generate more public input.
Council agreed to post-pone Public Hearing for two weeks.
PUBLIC FORUM
Business from the audience not included on the agenda.
Steve Hall/1007 Walker Street/Spoke for Eric Dittmer regarding a Rogue Basin Water Resources
Conference being held at Southern Oregon College, Thursday. and Friday, April 20-21, 1995 from 7pm to
lOpm. All are encouraged to attend as there are excellent speakers regarding water resource planning,
water quality issues, etc.
Kenneth Fields/508 N Main/Voiced concern of widening of Main Street, his house is going to be
significantly effected. He felt the widening would only bring more traffic and that now is the time to stop
this project.
George Hutchinson/270 Wimer/Spoke in regards to the widening and left turn lane on Main Street. He
asked council to stand up to the Oregon Department of Transportation and to tell them what we really need
is a stop light not a left turn lane.
Tom Howser/363 Grandview/Voiced frustration regarding his writing to O.D.O.T. and the governor
regarding widening of Main Street. He requested that council adopt a resolution stating that the standard of
warrants in order to obtain a traffic light is inhumane and send a copy to the governor to get more
attention. He suggested that there might be a community effort put together to support this action.
Hector Aleman/135 Coolidge/He felt Council should stand up to O.D.O.T. and doesn't understand how
this project had gotten as far as it has.
City Administrator Brian Almquist reported that he had received a letter from O.D.O.T. regarding the
installation of a stop light and if the city could get funding they will move it further along on their list.
There will be future meetings with O.D.O.T. and felt that the traffic light would be a reality in a year or
two.
Councilor Thompson spoke again regarding his opposition to the widening of Main Street and questioned
City attorney as to the vulnerability of the city if it should decide to pull out completely from this project.
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City Attorney, Paul Nolte stated that there is an immunity for governments for discretionary decisions and
it is O.D.O.T.'s responsibility to cure the problem. If they stop the project, then it would be a matter of
O.D.O.T. determining at a level where they can make those discretionary decisions so that they would also
be immune. The fact that this Council would approach them in effort to stop the project would not
increase liability on the city.
Councilor Winthrop felt it is within the Council's power to kill the project, which is the widening, but is
not sure what would happen in regards to the installation of a stop light.
Councilor Hagen stated that the hospital had been working with O.D.O.T. to get a left turn lane not
thinking a stop light was possible. Now, with the stop light possible perhaps the hospital board could be
brought into the discussion.
It was brought up that the widening project by O.D.O.T. had been delayed until Fall.
Councilor Laws encourages everyone to continue discussion regarding the widening of Main Street.
Councilor Winthrop asked that this be put on the agenda for the next council meeting, and that a report
from City Administrator and Public Works Director be submitted to the council in the interim. At that
time, Council could make a decision as to whether to take it up again with O.D.O.T.
UNFINISHED BUSINESS
1. Request by John Nicholson and others to reactivate the "Audit Committee".
John Nicholson made himself available for question from council regarding previous information given to
council regarding amending Audit Committee resolution.
Jim Hibbert/263 Oak St/Supports implementing changes as well as initiating the audit committee.
Mayor Golden spoke regarding.how the audit committee had originally been established by Mayor Gary
Prickett, prior to Gordon Medaris. Mission of audit committee is to advise and assist council in meeting its
responsibilities for the accountability and stewardship of public access. The committee should also advise
and assist the council in audit management processes in assuring audit precesses are independent in fact as
well as an appearance and facilitating communication on financial matters between the council, the external
auditor and the staff who operations are being audited.
She feels that the problem with the audit committee has been lack of attendance and an inability to get a
quorum of audit committee people as well as relatively little interest in the community for the audit
committee.
When Gary Prickett set up the audit committee, the power of the council to hire an auditor was taken away
and given to the Mayor. The way it is set up now, is the Mayor makes the appointments for the audit
committee and oversees the direction of the audit committee. Mayor Golden understands the request by
Mr. Nicholson that the council be more involved in the appointing and overseeing of the auditor, rather
than the staff. She urged the council to take this power away from the Mayors seat. If council does not
want to deal directly with the auditor, council may want to work with the Budget committee setting up a
sub-committee to oversee the audit. .
In regards to performance audits, Mayor Golden felt that under the City Charter the Mayor is chief
executive of the municipal corporation. It states that the Mayor shall closely oversee the operations of the
city. When there is unrest or difficulty within a department, these matters are brought to the attention of
the City Administrator or Department Heads and in some cases when necessary, she will meet with
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individuals. If Council is unhappy with a department or a department head, the Mayor will call an
executive session and deal with the situation at that time.
Mr. Nicholson commented that he did not feel that the audit committee should be viewed as a sub-body to
the budget committee. The budget committee has the function of taking revenues that are projected and to
allocate these revenues which he feels is a political function.
Council Laws voiced concern that the auditor report is done in too technical language. He would like the
auditor report to be interpreted into better readable language but does not feel staff should do the
interpretation. Possibly the audit committee could analyze the report and point out anything that may need
to be brought to the Councils attention.
Councilor Winthrop felt it appropriate to regain audit function, but not performance audits. Does not agree
that current practices are inappropriate. May be a good idea to have the audit committee be a part of the
budget committee.
City Administrator, Brian Almquist spoke regarding the suggestions by Cooper and Lybrand. The size of
the audit committee should be smaller and composed of three to five members in which a majority of the
members, if not all, are members of the governing body.
Councilor Reid would like to form a committee to design the audit committee. This committee could
include one or two members from the public, the Council and the Budget Committee to help form a
direction.
Mayor Golden agreed to get together with Councilor Laws, Marty Levine, and City Attorney Paul Nolte to
draft some alternatives. She recommends that council be the governing body and do the appointing for the
audit committee, not the Mayor. She would be willing to suggest that the Budget Committee look more
indepth at Departments on a quarterly basis.
Discussion by council regarding internal performance audits and the idea to evaluate present management
by peer review. Felt there needed to be more background studies as to what a performance study is and
how it could be applied. It was stated that doing performance audits using other governmental bodies has
been useful, but the key is to be very clear and defined in what you are looking for, otherwise it is not
useful.
Jack Blackburn/Urged Council to look at recommendations and to look at it as an assist to Council and a
confirmation of staff.
NEW AND MISCELLANEOUS BUSINESS:
1. Request by Ashland Community Hospital Board to modify bidding procedures in connection with
changes to emergency room facility.
Ashland Community Hospital Administrator, James Watson spoke briefly regarding the project of
expanding and renovating the hospital's Emergency Room Department.It will be constructed of materials
similar to the existing facility. The addition consists of 3,300 square feet and 4,300 square feet of
renovation. The construction costs are estimated to be in the range of$680,00 and has been budgeted.
Art Jost, Architectural Firm/Jim McNamara, Owners Representative/Spoke regarding cost containment in
the bidding process for this project and types of code requirements and other such codes that are not typical
in providing this type of service. The modified bid approach does not substantially diminish competition.
The modified bid approach results in significant cost benefits to the Hospital.
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Similar project with Oregon Shakespeare could he used to compare in the proposed modified bidding
proposal.
Resolution allowing modified bidding procedures for the expansion and renovation of the Ashland
Community Hospital Emergency Department was read by title only.
Councilors Thompson/Reid m/s approve Resolution fl95-10. Roll call vote: Laws, Reid, Hauck,
Hagen, Winthrop, Thompson YES. Motion passed.
2. Request by Director of Public Works to waive bidding requirements for sewer line serving Water
Filtration Plant.
Public Works Director, Steve Hall requested a section of the reservoir access road which is under
construction to start May Ist for the Water Treatment Plant Improvement, be exempted from normal
bidding procedures and this work appended to the Fowler contract by negotiated change order.
Representatives from the Fowler Company have expressed an acceptance of this proposal.
He explained that this line dealt with the sludge problem which is produced not only at the sewer treatment
plant but also at the water treatment plant. Under new Federal regulations it requires year round treatment
and we are running out of room to hold and dry sludge. Sludge is a combination of chemicals that is used
in water treatment. The idea of a sewer line being put in to transport to the wastewater plant came after
hauling several loads of sludge and putting it in the sewer line near the Parks office to see what effect it
would have. It was found that it helped the coagulation in the wastewater plant, it also. will get the water
treatment plant off the septic tank and onto a sewer line.
Councilor Reid requested and received-confirmation from Public Works Director that this is long term.
Resolution allowing exemption from competitive bidding for the Granite Street to Water Treatment Plant
sanitary sewer project was read by title only.
Councilors Winthrop/Haack m/s approve Resolution k95-11. Roll call vote: Laws, Reid, Hauck,
Hagen, Winthrop, Thompson YES. Motion passed.
3. Letter from M/M Jean and M/M Rodriguez requesting reconsideration of denial of sewer service
at 2855 East Main Street, outside the city limits.
Director Public Works Steve Hall spoke on request of reconsideration of denial of sewer service. At the
time of initial recommended disapproval, the situation was self-imposed by the two property owners. He
notes that in conflict with what our Ordinance states, council should take a look at providing sewer service
to anybody inside the urban growth boundary. The issue on vacant property is loss of control on
development of the property.
Councilor Winthrop disagrees with providing sewer service in the urban growth boundary.
It was confirmed for Councilor Reid that the sewer line is across the street and would need to be pumped.
Councilor Winthrop questioned how close the property was to Neil Creek and depending on the answer
would it be sufficiently compelling to change original decision. Concerned with Ad Hoc decisions.
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Director Hall stated that there is potential for further contanimation to Bear Creek. He has no
recommendation, only brings this again to council at the request of the property owners. Current ordinance
and code does not require that this be a filling septic tank, it has only been used as a guideline because it is
a necessity for public health.
Councilor Hauck voiced problem with Ad Hoc decisions and when there are no guidelines or real
information about danger in regards to degregation to the creek or potential runoff, he had concern with
changing of policy.
Joseph Rodriguez/2855 East Main/Stated that the geographical setting of the parcel doesn't satisfy the
minimum separation distances required by the county for septic systems. Feels the city has nothing to lose
because they are in the urban growth boundary. They would like to build a home and the only delay is
being able to obtain sewer service.
It was confirmed for Councilor Winthrop that the property is located close to airport. Use of a map on the
council walls was used for better location confirmation.
Councilor Thompson doesn't feel we should encourage growth in urban growth boundary is not in favor of
assisting growth.
Councilor Reid does support this appeal because this portion of property is like an island between two parts
of Ashland. She does not want to see a septic tank go in, which would more likely be in the city in the
future, because of our urban growth boundary. Should be looking long range by allowing the property
owners to hook-up now in the sewer system.
Councilors Thompson/Hagen m/s original decision to deny sewer service at 2855 East Main Street
stand. Roll call vote: Thompson, Hagen, Hauck YES; Winthrop, Reid, Laws NO; Mayor Golden
NO. Motion did not pass; 3-4.
Councilors Laws/Reid m/s to approve request of sewer service at 2855 East Main Street, outside the
city limits. Roll call vote: Laws,Reid, Hauck, Winthrop YES; Hagen, Thompson NO. Motion
passed; 4-2.
Council requested staff to provide better maps for future council meetings when council would need to
make decisions regarding properties.
4. Memorandum from City Administrator regarding WWTP Coordinator position and related issues.
City Administrator, Brian Almquist read request to Council regarding Wastewater Treatment Plant
Coordinator position and related issues.
Councilor Winthrop felt this was a positive step and should be given serious consideration. He would like
that there be three members of the council involved in the process of retaining the coordinator position.
Councilor Reid supports this proposal and feels that in the end it will save money for the city by trimming
the cost of working with out of town consultants and making it more efficient.
Mayor Golden requested that there be a committee involved in negotiating of salary for the coordinator
position.
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Jack Nicholson/1575 Greenmeadows Way/Supports the coordinator position but feels that the coordinator
should report directly to council and be independent of the city administrator.
Councilors Reid/Hauck motion to continue past 10 p.m. Voice vote: all ayes. Motion passed.
Councilor Reid/Hauck m/s to approve authority to negotiate with candidates who have the necessary
qualifications be part and parcel with a committee consisting of Councilor Laws, Winthrop, Hagen,
Mayor Golden, City Assistant Administrator Peggy Christianson and Conservation Regional Affairs
Manager Dick Wanderschied to work with Administrator Brian Ahnquist in the hiring of project
coordinator for the wastewater treatment plant system. Also, that a group comprised of council
members Hagen, Laws, Winthrop, Mayor Golden, Conservation/Regional Affairs Manager Dick
Wanderschied, City Attorney Paul Nolte, City Administrator Brian Ahnquist and Assistant City
Administrator Peggy Christianson work closely with the project coordinator in the selection process of
the wastewater treatment project options. Request that Councilors Laws proposal be a part of this
motion. Voice vote: all ayes. Motion passed.
DISCUSSION:
Councilor Laws made proposal in regards to what he felt the project coordinator would do; 1) Review
existing studies, relevant background literature and consult with project precipitant; 2) Summarize for the
council the present status of the problem; 3) Propose alternatives including a state approach and source of
action to the council with potential advantages and disadvantages of each; 4) Following decision of council
design appropriate pilot studies and other desired plans; 5) Oversee conduct of pilot studies and plans; 6)
Design and oversee comprehensive monitoring program for Bear Creek and Ashland Creek including wells,
etc; for background phosphorus; 7) Evaluate findings of studies and make recommendations to council; 8)
Oversee plan for implementation; 9) Maintain maximum degree of coin munication with citizens and other
public agencies.
5. Request. by Councilor Hagen to hear oral presentation by Wetlands Coalition of phased plan for
W WTP upgrade.
Gary Schrodt/681 Liberty/Coordinator of the Wetland Coalition Group; Richard Hart/308 Avery Street;
Plato Dundalakis/142 Church St; Introduced their proposal for a development plan for the Wastewater
Treatment Plant and System.
Feels their proposal will minimize risk along with financial risk. This development plan will be designed
to meet the following goals:
1) Satisfy the Oregon DEQ standards for effluent discharge from the Ashland Waste Water Treatment Plant
and System (WWTPS). 2) Provide replacement water in equal volume for all treated/untreated effluent
removed from Bear Creek. 3) Support the natural ecology of Bear Creek. 4) Minimize capital and operating
costs of the WWTPS. 5) Eliminate odors created by the WWTPS.
Phase I was completed in 1993, which was the bench test by Dr. Gearhart of soil filtration.
Phase II is a more scientific plan which would consist of 1) hiring a full-time project coordinator;
2) construct wetlands and soil filtration demonstration pilot; 3) Convert WWTP from chlorine treatment to
UV treatment as soon as practical; 4) Repair and use existing aeration tank for removal of ammonia 5)
Begin source reduction program.
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Proposed work plan for Phase 11, demonstration wetland and soil treatment system. Demonstration is
designed only for demonstration not solutions, demonstration would give costs involved and other data
needed in order to make a decision.
Phase III is contingent on outcome of Phase I1, which may include: 1) expanded wetland park and soil
filtration system 2) Repair and upgrade WWTP as needed 3) Solids removal to compost center 4) Wetlands
and/or reservoir volume storage and timed release 5) Water exchange with TID and/or MID 6) Water
conservation/reuse 7) Purchased water rights to increase stream flow 8) reduce non-point source pollution
from Ashland runoff 9) Further reductions in nutrient loading at the source 10) conservation landscaping
l l) instream habitat improvements.
Requesting council to put this on the table with the other proposals. The indicate that the number one
priority is the project coordinator and are encouraged that staff has recognized this need.
Councilor Winthrop felt the proposal was not parallel to the current options because it is saying you can't
do just one thing at once. It says we need to work on source reduction now on assessing whether
additional water sources could be obtained, etc. and that if the wetlands soil filtration option is going to be
considered, this is a good starting point.
Councilor Laws felt that the plan delivered is premature if a project coordinator is going to be hired. The
coordinator should be given a chance to review status of all reports, literature, talk to all involved in this
process and then give recommendations to council and coordinate future activities.
Council agreed with recommendation by Councilor Hauck to hold off the two public information sessions
planned in May and June if project coordinator is hired.
Councilor Reid received confirmation by council that the proposed plan by the Wetlands Coalition would be
included in the information given to the project coordinator for recommendations to the council.
Ron Roth/ 100 Eagle Mill Rd/Urged council to put this development plan, without modification by city
staff as proposed by Wetland Coalition, on the list of options for the wastewater treatment plant solution.
Supports hiring of project coordinator and forming committee consisting of several council members,
administrator, legal council and other interested parties.
6. Letter from Ashland Chamber of Commerce concerning survey of Ashland businesses relative to
camping on city streets.
Michael Gibbs/President Ashland Chambers of Commerce/Presented survey conducted by Chamber of
Commerce on problem of transient camping. As representative of the Chamber of Commerce he requests
that council adopt a No Camping Ordinance within the city limits of Ashland. The survey is available at
the Commerce office for council information. He feels this is the time to take a hard look at this problem
and prefers that council take issue. Stated that there is feeling of urgency in this matter.
Councilor Hagen questioned what the impact would be on the non-transient camping. It was confirmed that
the correct wording regarding this Ordinance would be referred to the City Attorney.
Councilor Winthrop reported on a prior meeting regarding this problem and what should be being done.
The basics that came out of that meeting was to continue trying to come up with a set of proposals from the
law enforcement side and social service side.
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'-Assistant City Administrator Peggy Christianson spoke regarding the increasing trend and severity of the
kinds of complaints dealt with in the court and it is time for council to consider a No Camping Ordinance.
She does recognize it is a social problem and states that this will be addressed at the time the Ordinance is
proposed.
Council Laws proposed to table this until a comprehensive report has been made and a proposal given to
the council. He would like that Mr. Gibbs be kept apprised of status regarding this proposal.
Chris Hald/275 Cambridge/Voiced concern with camping issue and supports a No Camping Ordinance.
City Administrator Brian Almquist stated that a first draft is being worked on now and that it would be
possible to bring a proposal back to council in two weeks.
7. Memorandum from City Administrator regarding guidelines for annual pay comparisons.
Assistant City Administrator Peggy Christianson reported on the Management Compensation Survey which
was summarized in three suggestions. 1) ICMA Annual Compensation Survey - Pacific Region; 2) ICMA
Annual Compensation Survey - Pacific Sub-Region; and 3) Comparable City Survey.
Mayor Golden noted that this survey was a follow-up to a request by council last summer and reinforced at
the goal setting session in January that a survey be conducted prior to any adjustment in management
compensation.
It was confirmed for Councilor Reid that a combination of the suggestions could be used.
Councilor Laws does not feel that suggestion 1/3 should be considered, because it is too subjective and is
not acceptable.
Councilor Winthrop suggested to council that since they have been given these suggestions and that this
being an important issue, they should put it off for two weeks and direct staff to find a sample of cities
comparable to size and budget.
Jack Nicholson/Felt that council should be setting wage rates compared to private sector.
Councilor Laws questioned how you could compare wage rates for private sector when you are comparing
for example, the Police Chief.
Councilor Winthrop stated that be this is determining the basis for compensating staff, council should
not put the burden on staff, but that council should think about it and give them specific directions in two
weeks.
It was agreed by council to put this item off until the next council meeting.
ORDINANCES. RESOLUTIONS & CONTRACTS:
1. Reading by title only of "A Resolution dedicating property for park purposes pursuant to Article
XIX, Section 3, of the City Charter (City of Ashland property located on the corner of Garfield Street
and East Main Street)."
Councilors Laws/Reid m/s approval of Resolution 95-12. Roll call vote: Reid, Laws, Hauck, Hagen,
Winthrop, Thompson YES. Motion passed.
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OTHER BUSINTSS FROM COUNCIL MEMBERS • ' '
1. Councilor Hagen brought to the attention of the council a meeting that will be taking place April 19 at ,
the Parks Headquarters in regards to the activities in the new Mountain Park. He feels that there should be
planning meeting of some sorts to bring all parties together and hoped that some council members would
attend this meeting.
ADJOURNMENT
Meeting was adjourned at 10:30 p.m.
Barbara Christensen, Recorder Catherine M. Golden, Mayor
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CITY OF ASHLAND
JAMES M. RAGLAND MEMORIAL
"VOLUNTEER SPIRIT" COMMUNITY SERVICE AWARD
PRESENTED TO
DONNA DANIELS
SINCE 1985, DONNA HAS VOLUNTEERED OVER 2,880 HOURS THROUGH THE COMMUNITY SERVICE VOLUNTEER PROGRAM.
SHE HAS PERFORMED A VARIETY OF VALUABLE TASKS INVOLVING THE MAIL COURIER SERVICE, A FOUNDING MEMBER OF
THE RETIRED SENIOR VOLUNTEER POLICE DIVISION, VACATION HOUSE PATROLS, VOLUNTEERING AT THE CHAMBER OF
COMMERCE INFORMATION BOOTH, MEALS ON WHEELS PROGRAM, BLOOD PRESSURE CLINIC AND SENIOR PROGRAM.
WHILE ON PATROL IN THE WATERSHED LAST YEAR, DONNA AND HER PARTNER SPOTTED A FIRE AND QUICKLY
EXTINGUISHED IT.'
DONNA IS CHARACTERIZED AS A VOLUNTEER THAT IS ALWAYS READY TO STEP IN AND DO WHATEVER IS NEEDED AND
ALWAYS WITH A SMILE. PRESENTING THE 1995 JAMES M. RAGLAND MEMORIAL "VOLUNTEER SPIRIT" COMMUNITY
SERVICE AWARD TO DONNA DANIELS IS OUR CHANCE TO SAY THANK YOU FOR THE DEDICATION SHE HAS SHOWN HER
COMMUNITY DURING HER LENGTH OF SERVICE AS A COMMUNITY SERVICE VOLUNTEER.
PRESENTED THIS 2ND DAY OF MAY, 1995 BY:
KEN HAGEN, COUNCILOR STEVE HAUCK, COUNCILOR DON LAWS, COUNCILOR
SUSAN REID, COUNCILOR BRENT THOMPSON, COUNCILOR ROB WINTHROP, COUNCILOR
CATHERINE M. GOLDEN, MAYOR
p p
VI y�% �•�'�` `u'/. �/ 1 ° ✓.V • m ° t 'Tn i inp ' 1 ,r mi
1 / 1,1,141--
PROCLAMATION
WHEREAS, emergency medical services are vital to the welfare of the public; and
WHEREAS access to quality emergency care dramatically improves the survival and
t 9 Y g Y y � p
>< recovery rate of those who experience sudden illness or injury; and <f,
t
cAzff %..,,'; WHEREAS, only one third of Americans rate their households as being "very well ,
prepared" for a medical emergency; and
0;;� WHEREAS, emergency medical services providers have traditionally served as the
safety net of America's health care system; and
�1 ~ WHEREAS, the members of Ashland's emergency medical services teams consist of 9 atlii '
a..
emergency physicians, emergency nurses, emergency medical technicians,
paramedics, firefighters, police officers, 911 dispatchers, educators, administrators,
and others; and
raw; tTe`,
WHEREAS, Ashland's emergency medical services teams complete thousands of hours
of specialized training and continuing education to enhance their lifesaving skills; and
" WHEREAS it is appropriate to recognize the value and the accomplishments of
rtlu F Al emergency medical services providers by designating Emergency Medical Services D1
Week; and
>',�:;j � •mac ::
° 'Oj} tiI WHEREAS, the designation of Emergency Medical Services Week will serve to }t'`
yrre educate the citizens of Ashland about injury prevention and how to res
pond to a
j rY P Po I..,...w.=.
u--
°-• j medical emergency. rte I I
4
4i
Now, THEREFORE, I, Catherine M. Golden, Mayor of Ashland, Oregon, in IflP
recognition of this event, do hereby proclaim the week of May 14-20, 1995, as
EMERGENCY MEDICAL SERVICES WEEK
and encourage the community to observe this week by recognizing the cooperative
efforts of Ashland's emergency medical services teams. ! u .
t
Dated this 2nd day of Ma 1995. >e}
Al i
Barbara Christensen, City Recorder Catherine M. Golden, Mayor
I
' ! 11 y 1 K'(i � ✓' '. u 1 1 r ` ?z , t .f�` ' �� r ✓.i r
"NATIONAL HISTORIC PRESERVATION WEEK"
WHEREAS, the historic houses and buildings of Ashland help make our City unique
and provide links with aspirations and attainment of the City's pioneers
T
and their descendants; and If
511 r
WHEREAS, these fine examples of 19th and early 20th century buildings contribute e;
-0.
IMF
to an appreciation of our heritage; and
WHEREAS, preservation of these ties with our history helps avoid a sameness that W.
in some communities makes for a feeling of rootlessness and lack of Il;i
sense of place; and
We-
WHEREAS, National Historic Preservation Week provides an opportunity to
recognize the value of Ashland's historic resources and encourages their
preservation for future generations.
ij- NOW, THEREFORE, I, Catherine M. Golden, Mayor of the City of Ashland, do
hereby proclaim the week of May 14 - 20, 1995 as:
"NATIONAL HISTORIC PRESERVATION WEEK" I
U;
11, -Its:
and call upon the people of Ashland to recognize and participate in this observance. 4(, "1
IM
Dated this 2nd day of May, 1995.
A
I 1114
Barbara Christensen, City Recorder Catherine M. Golden, Mayor
"K
jr
V
ASHLAND CABLE ACCESS COMMISSION
MINUTES r
January 11, 1995
CA r T pD TO ORDER
Meeting was called to order at 4:00 p.m. by Chairperson Tim Bewley. Voting members
Freund, Bewley, St.Clair, Chilcoat, Cockrell and Jorgensen. Ex-
present were: Aufderheide, Freofficio members present were: und, tro, Moore, Christiansen and Dinkel. Guest Bill
Campbell of KSYS and Bob Taber,'represeting Friends of Ashland, were present.
nvMOpUMON OF VISITORS
Bob Taber presented Commission with informati on on Vision Planning meeting scheduled for
March 11, 1995. The purpose is to educate and gather the public to plan their vision of
Ashland for the next 5-15 years. Taber asked for the following assistance from the.
times as week;l3. Document f conference by videotaping; 4. Donate funds too conference; 5.
3
Any other ways?
Belcastro and Aufderheide will work with Taber to use bulletin board and review video.
Freund suggested documenting conference is difficult and he has had mixed results from his
experiences. Commission has no funds available.
DIRECTOR'S REPORT - Belcastro
SCALA Info Channel
Two students are trained to input information. Information is still needed from partners for
bulletin board broadcast.
Engineerine Activiri
Hans is working on various aspects of the studio.
Programming report
Program time is full.
Dubbing,, System
Still in progress.
Alliance Letter
Belcastro passed out a sample letter and asked for support by writing to Senator Packwood
urging his support of local franchises to video uses for telephone customers.
ACADEMIC COORDINATOR'S REPORT - Chilcoat
Toaster Donation
Toaster donated by Saul Beckman. Valued at $4900. Bewley will write thank you letter.
(r.A¢ XMinuwll-11-95.min)pg.1
Winter Ou rter Class Structure
Similar to Fall quarter. Group assignments are being done to ensure consistency.
PARTNER'S REPORT
City of Ashland - Peggy Christiansen
Council Chambers' sound quality is high priority. Sound specialist, Tom Garson, has
proposed to reinstall the replaced microphones, move mixers, box wires and cables.
V, Aesthetics have been put on hold. Gr4phics program has been ordered. Freund has had
experience with one and will offer assistance to the students when it is installed.
It was suggested that a meeting be held with Council members to review on-camera behavior
when sound system has been renovated. Planning Commission and School Board will need
some review, too.
Ashland Community Hospital - Cockrell
A 5 minute marketing video is to be produced.
Ashland Public Schools - Jorgensen
School Board broadcast needs improvement. St. Clair stated classes going well. Another live
broadcast will be held on January 31 from 7-8 p.m.
Chamber of Commerce - St. Clair
Chamber Board is not in favor of releasing their use of Channel 9 on Sundays. Contracts
have been signed and this would breach them. Live forum on January 18 will focus on
"Children at Risk" by Ashland Coalition. St. Clair will be writing a paragraph for the
Chamber newsletter on RVTV news.
' PUBLIC ACCESS COORDINATOR'S REPORT - Aufderheide
Two or 3 groups used the facility the first Saturday. Producer's Group is becoming more
structured. Questioned Commission approval for a "suggested" donation be given for studio
use. Commission was in agreement.
vf --
OLD BUSINESS
RVTV Facility Move Update
President of SOSC and Executive Council will pre,,i nt esti es to Commission on February
8. Authorized to spend $1500 for Brian Girtman.
Use of Channel 9 and Channel 32 by ESD
Christiansen reviewed situation. Campbell noted that ESD and KSYS were to be assigned a
channel from Medford City's cable agreement. Campbell suggested a meeting to n9ime-
.issues. Freund suggested a letter of understanding from RVTV to ESD and TCI.
Medford/Jackson County Cable Update
Forum is continuing through January. County is working on their franchise agreement still.
(r.A«u.vrinwr.%1-1 1-95.min)re.2
NEW BUSINESS
Budget Rprt
Belcastro distributed reports.
SWAN Awards - St. Clair
Programs prepared for airing March 1-3. Deadline for entries is February 6.
RVTV 5th Anniversary
March 1 with a 2-hour live student show. Partners' on March 2. March 3 is Public Access
night.
Meeting was adjourned at 5:45 p.m.
Submitted by
Rhonda E. Moore
Executive Secretary
(r.Ame Winuw\I-I1-95.min)pg.3
ASHLAND CABLE ACCESS COMMISSION
/ MINUTES
February 1, 1995
CALLED TO ORDER
Meeting was called to order by Chairperson Bewley. Members present were Aufderheide,
Sabin, St.Clair, Chilcoat, Abrams and Jorgensen. Ex-officio members present were
Belcastro, Talbert, Moore, Christiansen, and Dinkel.
_ INTRODUCTION OF VISITORS .
Bewley introduced Councillor Steve Hauck. Councillor Hauck has been appointed Council
Liaison to the Commission for 1995. Councillor Ken Hagen was also present.
APPROVAL OF MINUTES "
Minutes were accepted as corrected.
CHAIR'S REPORT - Bewlev
1-PBS Program Report
Bewley reported that the call-in show on removing public funding from public broadcasting
went well.
2-KSYS Board Meeting Report
DIRECTOR'S REPORT - Beleastro
1-Dubbing System
System is functioning now. Charges are $15 w/o tape provided; $10 w/tape provided.
2-Graphics Sy is ems
Graphics have been ordered for use during Council meetings and other broadcasts.
3-Oregon Leeislative Highlights
Belcastro has arranged to broadcast a program on the State legislature on Channel 30 and
Channel 9 for 4 hours per day from Monday through Friday 2pm-4pm and lOpm-12am.
4-Channel 32 Start Uo
Color bars are on it now. When RVTV moves to new location, Channel 32 will become
Public Access with City of Ashland information service running job announcements, City
meeting schedules, etc.
5-Tourism '95
Demo tape was made by Joe Brett for Chamber of Commerce to use for marketing.
ACADEMIC COORDINATOR'S REPORT - Chilcoat
No report was given.
(r.Cm.Mccus\Minuw\2-1-95)-pg. 1
1
v '
PARTNERS' REPORTS
1-City of Ashland - Peggy Christiansen
a-City Council Chamber Renovation
Christiansen reported on the renovation of the audio system and the upgrade of the Council
Chambers' furniture. Upgrade of tables and podium is underway. Audio renovation will
follow.
Christiansen discussed down-sizing that Jackson County was beginning and how that might
impact the development of their cable franchise agreement. It was suggested we offer to
contract with them to assist with this agreement.
Belcastro asked Christiansen to check on RVTV allocation percentage when new TCI rate
increase goes into effect. Will RVTV's allotment increase?
2-Ashland Community Hospital - Peggy Cockrell
Cockrell was absent.
3-Ashland Public Schools - Eric Jorgensen
Ed St. Clair reported that 10-15 students were participating.
4-Chamber of Commerce - Ed St.Clair
a-Chamber Forum Report
St. Clair reported that the forum would be broadcast on February 27.
PUBLIC ACCESS COORDINATOR'S REPORT - Aufderheide
1-Saturday Access
Two workshops are planned from loam to 4 pm. There has been much interest shown.
Between 2 - 7 people have participated during last 3 Saturdays.
2-Access Workshops
Workshop money is going towards program.
OLD BUSINESS
1-RVTV facility move update
Talbert stated $6000 has been expended on plans so far. Plans will be presented at March
Commission meeting.
2-Medford/Jackson County Cable Update
Medford Forum is going on air. RVTV has provided services to date and will hope to make
transition. RVTV will assist Jackson County with broadcasting, if possible.
(r:CWMu ACcu3\Mmuka%2-1-95)-pg.2
NEW BUSINESS
1 "Rules Policies and Procedures" Revision
Belcastro provided members with copies of the.revision. They will be reviewed at March
Commission meeting.
2-SWAN Awards - St Clair
Committee has been established. March 3 will be a 4-hour live show with eight 1/2 hour
programs of community access. Belcastro and Chilcoat will coordinate student program.
OTHER BUSINESS NOT ON THE AGENDA
Meeting date changed from March 1 to March 8 and will be a.Study Session on RVTV
facility move, too.
Submitted by,
Rhonda E. Moore
Executive Secretary
(r.Ca XA"=s\Minuw(2-(-95-pg.3
CABLE ACCESS COMMISSION
MINUTES a
WEDNESDAY, MARCH 8, 1995 1.
CALLED TO ORDER
Meeting was called to order at 4:05 p.m. by Chairperson Bewley. Those members present
were: Aufderheide, Freund, Sabin, St. Clair, Chilcoat, Abrams, Cockrell, Jorgensen. Ex-
officio members present were: Belcastro, Talbert, Moore, Bickford, Christiansen, Dinkel and
ouncillor Hauc c. rik Jorgensen introduced Virginia Bird as his replacement in the Ashland
School District-appointed position on the Commission. Visitors present were: Ron Bolstad.
and Bruce Moats, SOSC; Bill Campbell, KSYS; Gary Afseth, architect; Brian Girtman,
engineer and design consultant.
APPROVAL OF MINUTES
Minutes of the February 8, 1995 meeting were approved as presented.
RVTV 5TH ANNIVERSARY 4tEVNp
r
Belcastro reported that all went well:'Each night was well represented. The show produced
by Public Access on Friday, March 3, was a 4-hour presentation done entirely by volunteers.
NEW BUSINESS
1-Presentation of Music Building Relocation Plans and Cost Estimates:
Bolstad reviewed progress of the Library expansion and RVTV/Media Center move planned
to the lower level of the first floor of the Music Building. Moats discussed plans for 3200 s/f
Media Center. Current square footage of the Media Center is between 1800 and 2500 s/f.
Girtman described proposed layout of 3-camera studio, control room and 2-camera studio.
Insulation is planned between walls. Space will include a small control room, new playback
room, general lobby and office area, 4 edit suites for private listening, storage room and will
be ADA accessible. Afseth presented the proposed design and cost estimates.
Discussion was held concerning sound cushioning requirements, future expansion capabilities
and cost options. Commission members stated the Commission was not empowered to
expend capital funds. 4etMcoat expressed concern at the funds being expended towards the
construction and relocation of the Media Center while equipment was so badly needed for the
program. 5�/' C40, .;t
Commission established a sub-committee for further review of the proposal. Sub-committee
members are Belcastro, Talbert, Christiansen, Cockrell, Bolstad, Moats, Freund, Chilcoat,
Sabin.
2-Public Access Report:
Aufderheide had no report.
3-Approval of Public Access "Rules Policies and Guidelines" Revisions:
Moved to next meeting.
0
OTHER BUSINESS NOT ON THE AGENDA
Chilcoat reported that the Communications class would be conducting a self-study directed by
Professor Greg McDonald from the University of Montana. Chilcoat will report on the
findings later.
Submitted by
Rhonda E. Moore
Executive Secretary
(r:Can Am"s\Minuet\3-8-95.min)
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
MARCH 14, 1995
CALL TO ORDER
The meeting was called to order at 7:05 p.m. by Chairperson Barbara Jarvis. Other
Commissioners present were Cloer, Armitage, Finkle, Bass, Carr and Bingham.
Absent members were Giordano and Hibbert. Staff present were McLaughlin, Molnar
and Yates.
APPROVAL OF MINUTES
Carr asked on page 4 of the Minutes, to change the wording from "the applicant has
proposed to provide curbs...... to 'the applicant shall provide curbs....". Carr moved to
approve the Minutes of the February 14, 1995 Minutes as amended and the Findings,
Cloer seconded the motion and all approved.
PUBLIC FORUM
No one came forward to speak.
TYPE III PUBLIC HEARING
PLANNING ACTION 95-021
REQUEST FOR A COMPREHENSIVE PLAN MAP AMENDMENT FROM SINGLE
FAMILY RESIDENTIAL RESERVE TO SINGLE FAMILY RESIDENTIAL/SENIOR
OVERLAY AND ZONE CHANGE FROM RR-.S-P TO R-1-5-P (W/SENIOR
OVERLAY) FOR 21.82 ACRES LOCATED ON THE EAST SIDE OF NORTH
MOUNTAIN AVENUE, BETWEEN INTERSTATE 5 AND BEAR CREEK.
APPLICATION WILL INCLUDE AN AMENDMENT TO THE LAND USE ORDINANCE
INVOLVING THE ADOPTION OF A NEW SENIOR OVERLAY ZONING
DESIGNATION.
MAP #: 4DA; TAX LOT: 100 (6.45 ACRES); MAP #: 4AD; TAX LOT: 200 (15.37
ACRES).
APPLICANT: MADELINE HILL
Jarvis read the prepared statement applying to public hearings.
Site Visits and Ex Parte Contacts
Bingham had a site visit, and he had a phone conversation with Ron Roth. Roth is
opposed to the zone change and thought the land would be better used for a
vineyard. He also had a conversation with Ken Hagen about how to zone the
property. They had a general discussion but nothing came from the discussion.
Jarvis had a site visit and talked with the City Attorney and the Planning Director about
the project.
All other Commissioners had a site visit.
Cloer has had a great deal of ex parte activity relating to senior housing in Ashland.
At one point, he met with a group of individuals who met with Madeline Hill to discuss
her particular project. He has a concern, particularly because the emeritus faculty at
SOSC had asked Cloer to investigate senior housing because there are about 87
professors that have emeritus status and about 100 staff members that live in town
and have a concern with staying in Ashland.
Jarvis asked Cloer to consider whether or not he could give a fair and impartial
decision on either side of this action. Cloer thought it would be difficult to convince
him that it would not be a good project. Therefore, Cloer stepped down.
McLaughlin noted that the Planning Commission met two weeks ago for an all day
work session and took a tour of different sites in the City with a quorum present. The
Commissioners were told at that time the application would be on this month's
agenda. No merits or any further issues of the application were discussed.
STAFF REPORT
McLaughlin stated there are two issues involved in the this application. The rezoning
of the property from half acre to R-1-5 with a senior overlay is one part and the other
is an ordinance amendment to the Land Use Ordinance to adopt a section regarding
senior overlay as part of the R-1 zoning district.
A copy of the revised R-1 section was distributed to all Commissioners. A section has
been added for senior overlay. Section I has been added to the permitted uses
stating that senior housing is a permitted use in areas designated as senior overlay.
Page 4 discusses senior overlay as a zone. Definitions are provided along with styles
such as assisted living, congregate living, and independent living. The next section
involves density. Senior housing has a different impact on services, transportation,
etc. than does standard housing, therefore, multipliers will be used to determine the
base density of a project.
When asked by Carr if "aging in place" would be a mix of all housing types,
McLaughlin said it would.
ASHLAND PLANNING COMMISSION 2
REGULAR MEETING
MINUTES
MARCH 14,1995
Finkle asked for an explanation of the Housing for Older Persons Exemption under the
Federal Fair Housing Act and allowable HUD regulations. McLaughlin said a housing
complex cannot be for housing only seniors unless one comes into compliance with A,
B, or C indicated in the ordinance (page 9) which is the Fair Housing law.
Armitage would like this project to be developed similar to R-1 because that is what is
in the area. He is concerned about lot coverage and does not see anything under the
senior overlay about lot coverage. McLaughlin said it should probably be recognized
under Section E to address lot coverage.
Carr wondered why there was a difference in the landscaping percentages (among
assisted, congregate and independent living). McLaughlin said assisted living was
assumed to be at a style and level of development similar to an R-3, and that
congregate and independent living would have standards similar to the R-2 zone.
McLaughlin thought from the Commissioners questions that issues of concern seem to
be maximum numbers and levels of development.
Section C was added to recognize that there would be a mix in the style of buildings
including multi-family style and that development of this nature should be a minimum
of four acres in area to allow for some buffering from surrounding areas and give
some options for larger setbacks. Developments that involve single family detached
will follow the Performance Standards Options and the multi-family, attached units or
assisted living units would follow the Site.Design and Use Standards that are used for
multi-family development.
Jarvis had done some reading on senior housing and one concern she has is that the
City has made a commitment towards mixed use and now we are segregating
neighborhoods. Her reading has indicated that mixes in neighborhoods are beneficial
to the aging, such as having children around the elderly. Jarvis is disturbed about
placing the elderly a long ways away on ten acres. When a person has less flexibility
in getting places, accessibility becomes more important. Many communities have
been designing senior housing next to colleges so that the residents can utilize the
college to attend classes. She is aware there is limited space in Ashland, but she feels
the four acre limitation would be impossible to meet. However, an acre in town may
only have four to ten units of assisted living that would work--but something different
than a development with a four acre limitation. Another thought that Jarvis had is
regarding the constraints we are under with transportation in trying to cut down on
traffic. Her understanding of aging in place means residents stay in the places they
have always lived in--in their neighborhoods in homes. Jarvis is not certain she likes
ASHLAND PLANNING COMMISSION 3
REGULAR MEETING
MINUTES
MARCH 16,19%
the idea of building block buildings away from the heart of the community to house the
aging.
Senior overlays also make Jarvis uncomfortable. The Commission may need to do
this, but if something is designed for four acres, we would be stuck with that
formulation.
McLaughlin remembered when looking at other revisions in the R-1 zone in the past,
Staff has looked at options for allowing senior housing either as a special permitted
use or as a conditional use everywhere in the R-1 zone and setting some criteria for its
location near collectors and setting standards on scale for the smaller levels of
development. It may be that the overlay would apply to someone wanting to do a
larger project where greater controls could be imposed.
McLaughlin noted a couple limitations--maximum building heights for independent-
living units use the standard R-1 height limits. For assisted and congregate care,
understanding there is a different scale of higher density, a 40 foot height is allowable
with an additional setback required of one foot for each foot of height from the
perimeter property line of the project to prevent imposing on other properties.
Armitage thought this seems like a ordinance that still needs some reworking. If a
project is placed in the middle of an R-1 area, it should look similar to the surrounding
R-1 area and he envisions the scope and scale of this project being out of alignment.
He feels rushed and would like more discussion and is concerned about the 40 foot
height.
McLaughlin indicated specific parking standards will be set for the types of units as
noted in the ordinance.
Sections have been included for open space and accessory uses.
Bass felt the senior overlay has been written fora large master planned senior project,
whereas there may be some small five to ten unit senior projects that could sit very
well in a neighborhood that could never make it under this ordinance.
Armitage suggested maybe this is not an overlay. It appears to be a mix of R-1 and
R-2 and that is a zone, not an overlay. It might be appropriate for the proposed
parcel, but should it be an overlay?
McLaughlin said that according to the City Attorney, this project could be a rezoning
process with the requirements in the senior overlay attached as conditions.
ASHLAND PLANNING COMMISSION 4
REGULAR MEETING
MINUTES
MARCH 14,1995
Carr is uncomfortable with the senior overlay at this point.
Jarvis opened the public hearing but asked for testimony solely on the ordinance.
PUBLIC HEARING
LARRY MEDINGER, 695 Mistletoe, understands that since most of the Commissioners
believe approval of this zone change is premature without a study session, he would
like preliminary approval of this application brought before the Commission. At that
time, if criteria or conditions needed to be attached, that would seem appropriate. The
applicants are asking for conditional approval of the zone change and the applicants
will go through the Council process and bring before the Commission a preliminary
approval application.
Bingham thought the Commission could move forward with testimony and consider
the application after the Council has considered the zone change.
Bass wondered if the senior overlay is taken out, to what can the project be rezoned?
Medinger said historically, there has never been a question from the neighbors that
the project Madeline would be proposing is senior housing. If it is not approved, then
it will go back to the neighborhood planning process.
STAFF REPORT FOR THE PROJECT
McLaughlin reported that the site is almost 22 acres in size located on North Mountain
Avenue. The land is presently vacant and used for pasture. The applicant is
requesting a rezone to allow an opportunity for a senior project. The Staff Report
outlines the history of the parcel. The parcel has not had full urban services and just
recently a sewer service was provided. The Comprehensive Plan Designation for this
area was Single Family Residential Reserve and was not included in the City's land
needs because it was not assumed that it would develop during the 20 year planning
period (from 1979). It is better to try and plan for this area than let services come and
let it develop without any discussion of how this project will fit into the community in
creating a neighborhood that will have some value to it.
The applicants have provided lots of information regarding the need for senior
housing. The options in Ashland at this time for very low income housing and
moderate income housing are few (near McDonalds, on Highway 66 and on Siskiyou
ASHLAND PLANNING COMMISSION 5
REGULAR MEETING
MINUTES
MARCH 14,19%
Boulevard). Many residents move from Ashland to the Rogue Valley Manor in
Medford.
Areas removed from the inventory of Single Family Residential lands recently are in the
Fordyce area (Millpond), the area along Tolman Creek Road (Grizzly Meadows) and
land on Orange Street into two subdivision. The R-1-5 land is being depleted along
with the land for the North Mountain Avenue park.
McLaughlin reported that the recommendations being generated from the
neighborhood plan for North Mountain is the same as the applicant's proposal. That
is why the Condition was attached that should this property owner and applicant not
pursue this project as envisioned, the property would revert back to the original
zoning.
Given the need for senior housing and the inventories of R-1-5 land, the zone change
could be justified. The exact vacant land inventory is not yet available.
PUBLIC HEARING
MADELINE HILL, Box 1334, stated she has been participating in the neighborhood
process for a couple of years and there has never been an objection for what she has
wanted to do. Hill has brought a great deal of experience and expertise from her
background to the planning of this project. She would want one-story assisted living.
She is looking at a range of options for seniors from single family residential, cottages,
and apartments and rather than three meals a day, meals would be available as
wanted. A person could move into any level of service they might need. Van service
will be provided. Aging in place is a good concept and good for this parcel. She is
getting pressure from seniors everyday for housing and the neighborhood planning
process seems to have no timeline.
LARRY MEDINGER responded to Jarvis' concerns about whether this project would
segregate people or provide a supporting environment for seniors. The property has
about 18 usable acres. In a small area, with enough critical mass to support a certain
level of service to do a senior building. A day care center is planned to be in or near
the main building, prioritizing for children of employees of the senior care facility. This
could provide low cost day care and meet a need in the community. This type of
housing will allow seniors to plan ahead for the their future instead of having decisions
made for them.
Bingham wondered if some employees would live on-site. Medinger said provisions
ASHLAND PLANNING COMMISSION 8
REGULAR MEETING
MINUTES
MARCH 10,19%
were made in the senior overlay that would allow for two families to be available on the
project. Currently, they are thinking about 15 single family residences.
Armitage asked Hill and Medinger to describe the size of the main facility. Medinger
said the large building will not look like a single family residential zone. It will be for
congregate care but by working the building into the hillside, it will not look so tall.
There might possibly be underground parking. The building could be as tall as five
stories but with the bottom end in parking, only three stories would be above ground.
Medinger did not know exactly how large the buildings would be.
Armitage is very much in favor of the project, but the building size is important.
McLaughlin reminded the Commission that a specific proposal will be offered to the
Planning Commission at a later date.
Hill provided the name of a facility in Phoenix, OR and suggested the Commissioners
visit that facility. It is Northridge Terrace on Highway 99 in Phoenix.
Jarvis entered the letters from Quinn, Fitch, Hinkie, RVCOG, and Berryhill into the
record.
McLaughlin read a letter from Julie Burns.
WES HOXIE, 851 Hillview Drive, favors the proposal and is looking for a retirement
center to move into. He had a letter from Matt Kocmieroski that he read and entered
into the record.
DAN WHITE, 945 No. Mountain, said he lives across from the proposed project. He is
not opposed to the project, but wondered how the zone change would effect the
neighborhood. He asked the Commission to consider the entire neighborhood, not
just Madeline's project.
McLaughlin said it was Staff's intent to keep pursuing and solving the problems that
have arisen during the neighborhood planning process. Hill's proposal is in keeping
with the intent of the neighborhood plan. Hill has chosen to move ahead for her own
personal reasons. McLaughlin does not see approval of this project damaging to the
neighborhood process.
GINNY PRYNE, 590 Glenview Drive, entered a letter into the record and wanted to add
that her children live in Ashland, she needs to be near them but not in their backyards.
She likes this proposal and wants to get it going.
ASHLAND PLANNING COMMISSION 7
REGULAR MEETING
MINUTES
MARCH K 1995
BRAD BAYLISS, 385 Idaho St., explained that he taught gerontology, and thinks we
need more senior housing here. He said it is fortunate to have Madeline Hill as the
person wanting to provide it. He hopes that the technical aspects can be resolved
and approved. Bayliss is retired and came here 16 years ago. He said there is a
wide variation between those who want to be isolated without children and those who
want to have children around. He is one of 20 persons representing Oregon at the
White House conference on aging to advocate for senior issues and senior concerns.
Those from Oregon want to press for national recognition for the five levels of senior
living in Oregon. There is more autonomy in assisted living than in nursing homes.
Bayliss praised Hill for her many accomplishments dealing with seniors.
AUGUSTA SENNETT, 1960 Nezla, echoed the favorable comments about Hill and the
project. The project would provide many personal benefits to her. Seniors like to be
together to help each other. She would like to stay in Ashland. The project would be
only a mile from the college and the downtown.
DON MOORE, 740 No. Mountain Avenue, owns property on No. Mountain. He is a
physician and has been somewhat taken aback by the comments from the
Commission. This project is in the mainstream of the way things should be going, that
is, getting away from nursing homes to tiered living. The people he has known have
been very satisfied with tiered living. He would strongly disagree with Jarvis' comment
of isolation and believes the majority want security with people to support. Seniors
receive care from their neighbors instead of being stuck away without family. Moore
wanted to emphasize that being a resident of Mountain Avenue, he has never heard
any opposition to the project. He does not look at this development as a threat.
SUE LOPEZ, 712 Terrace Street, participated in the early neighborhood meetings and
supports Hill's proposal. This would be a good way for Ashland to grow.
DENISE EWING, 144 Strawberry Lane, supports this project. She works as an RN in
home health. She cannot say enough about services for seniors in this community,
however, many times many of clients needed to be put in nursing homes and this
type of facility would be so helpful in caring for seniors. Ewing has been in contact
with Madeline and has been impressed how thoroughly she has researched the
design issues of this project.
NANCY PETERSON, 367 Maple, stated she has been impressed with Madeline's
integrity--she has known her for 20 years. Numerous seniors choose to live in a more
segregated community. There is a range of possibilities and it is another possibility we
don't have in Ashland right now.
ASHLAND PLANNING COMMISSION 8
REGULAR MEETING
MINUTES
MARCH 14,1995
RON ROTH, 6950 Old 99 South, expressed concerns with the site in terms of big
picture planning. This property is in the City but only by historical accident. It is the
only piece across Bear Creek (the natural boundary). Roth would want his own
mother close to shopping and transportation. If this was not in the City limits, the
applicants would be looking for property on the flat, and infilling where it would be
close to shopping and public transportation. He shares similar concerns with Jarvis
about segregating senior housing.
HAL CLOER, 1036 Prospect Street, regards how difficult it is for Madeline to do this
type of development. Most seniors would probably like to be within close distance to
the post office, etc. We all think of what might be ideal. However, he has looked at
many pieces of property and there are not really many possibilities for an assisted
living facility. If Madeline is able to move along, Cloer has no doubt there is clientele
there for a senior facility.
Staff Response
Staff came forward with a plan that allows for maximum flexibility over time. In trying
to develop a senior overlay, it may be overkill. The difficulty of developing the R-1-5
zone is that it would not allow this type of development. Perhaps the Health Care zone
would work. It would allow outright, the full spectrum of housing types requested in
this application. This could be an appropriate option. With regard to noticing the
neighbors, this would require a continuation.
In considering the Health Care zone, MEDINGER said they had not had a chance to
think about how that would work but they would be open to the idea.
HILL thought the idea that McLaughlin came up with sounds hopeful.
JOHN HASSEN, 129 N. Oakdale, thought the Health Care zone could work well.
Would all the same things be allowed in HC as are allowed under the senior overlay?
McLaughlin would want to look at certain uses as accessory and allowable in order to
have a complete range of services.
Hessen asked that the hearing be continued and said the applicants would waive the
120 day time limit.
COMMISSIONERS DISCUSSION AND MOTION
Carr moved to continue Planning Action 95-021 until the April 11th meeting. Bingham
seconded the motion and it carried unanimously.
ASHLAND PLANNING COMMISSION 9
REGULAR MEETING
MINUTES
MARCH 14,1995
Armitage felt that the applicant for the assisted living facility approved on Maple and
North Main did not take into consideration any design changes that would make the
project fit in size and scale. He would like to see a design that looks like it fits into the
R-1 and R-2 environment. That is his only concern.
Finkle still sees No. Mountain as one neighborhood and this project is a part of the
whole. He likes the idea of working with the slope of the hillside to allow some larger
structures to fit into it, but have a mix of structures. Finkle believes there should be
shared facilities on both sides of No. Mountain with commercial included.
Bass would advocate for completing the No. Mountain planning process as an entire
community in advance of taking up any rezoning. This is taking a piece of the
neighborhood ahead of the entire area being planned.
Carr had concerns about dealing with a piece of the neighborhood while the plan for
the whole is still under consideration. She would like some time at a Study Session to
discuss the Health Care zone on No. Mountain.
Bingham still has concerns that he views this as whole neighborhood. In the six years
he has been on the Commission, they have never had an opportunity to deal with a
piece of property this size. Bingham will have to wrestle with considering the whole
hillside together and whether it should be developed in a unified manner or be allowed
to continue in one-half acre parcels and be allowed to sprawl. The Health Care zone
makes more sense to him than the senior overlay. However, is the Health Care zone
they will create for this parcel very different than what would be created someplace
else?
Jarvis' concerns are related to the zone as a senior overlay. If a senior overlay zone
is allowed, there will be four acre pockets of seniors around town and she does not
agree with that concept. She is not convinced a senior overlay zone is the best for
the City. She provided McLaughlin with some articles about senior housing to be
distributed to the Commissioners.
McLaughlin explained that it is difficult to put everything in a zoning code.
CARR MOVED TO CONTINUE MEETING TO 10:30. THE MOTION WAS
SECONDED AND CARRIED.
Bass left the meeting.
ASHLAND PLANNING COMMISSION 10
REGULAR MEETING
MINUTES
MARCH 76,1995
PLANNING ACTION 95-022
REQUEST FOR AN AMENDMENT TO CHAPTER 18 OF THE ASHLAND LAND USE
ORDINANCE RELATING TO FRONT YARD SETBACK REQUIREMENTS FOR THE
INSTALLATION OF A FRONT PORCH WITHIN THE R-2 AND R-3 ZONING
DISTRICT, EXCLUDING PROPERTIES LOCATED WITHIN THE ASHLAND
HISTORIC INTEREST AREA.
APPLIANT: CITY OF ASHLAND
STAFF REPORT
Molnar reported that an identical amendment was adopted for the R-1 zone. This
amendment will not include the Historic District because Staff does not want a change
to the streetscape. A draft is being worked on for the Historic Preservation ordinance
that will discuss compatibility. A conservative approach is being taken at this time.
Finkle asked if there was enough flexibility in the ordinances to reduce the.front yard
setback within the Historic District at all since some homes are almost on the street
now. Molnar said the ordinance states you can average a front yard setback. (18.68)
CARR MOVED TO CONTINUE THE MEETING TO 11:00 P.M. THE MOTION WAS
SECONDED AND CARRIED.
Carr recommended to the Council adoption of Planning Action 95-022. Finkle
seconded the motion and it carried unanimously.
OTHER
McLaughlin reviewed the calendar for the next few months.
ADJOURNMENT
The meeting was adjourned at 10:35 p.m.
ASHLAND PLANNING COMMISSION 11
REGULAR MEETING
MINUTES
MARCH 14,1995
ASHLAND PLANNING COMMISSION
HEARINGS BOARD
MINUTES
MARCH 14, 1995
CALL TO ORDER
The meeting was called to order by Jenifer Carr at 1:30 p.m. Other Commissioners
present were Jarvis and Bass. Staff present were Knox, Harris, and Yates.
APPROVAL OF MINUTES
The Minutes of the February 14, 1995 were approved.
TYPE II PUBLIC HEARINGS
PLANNING ACTION 96-010
REQUEST FOR A CONDITIONAL USE PERMIT FOR A ONE-UNIT ADDITION TO
THE TRAVELLER'S ACCOMMODATION LOCATED AT 570 SISKIYOU
BOULEVARD
APPLICANT: LAURA AND LAURENCE SHREWSBURY
Site Visits and Ex Parte Contacts
Site visits were made by all.
STAFF REPORT
Harris reported that this action was initially approved as a Type I but because of
design issues that came up before the Historic Commission, the action was called up
for public hearing. Since that time, the applicant.has submitted new elevations that the
Historic Commission found acceptable. The applicant proposes to use the new south
side of the building as a fourth guest room. The applicant qualifies for one off-street
parking credit. Staff's main concern is the large uninterrupted rear wall of the south
side addition and have therefore added Condition 6.
Jarvis wondered why previously the applicant could have received a Certificate of
Occupancy with no fixed windows. Harris did not know what they agreed to before
but that by adding a Condition that no Certificate of Occupancy could be issued until
the windows were installed, that should take care of the problem. Knox said that
because of past problems, Staff will be keeping a closer eye on the new work.
PUBLIC HEARING
No one came forth to speak.
COMMISSIONERS DISCUSSION AND MOTION
Jarvis moved to approve PA95-010 with an added Condition 6 that the windows be
installed before a C of O is issued.
TYPE I PLANNING ACTIONS
PLANNING ACTION 95-017
REQUEST FOR A MINOR LAND PARTITION TO DIVIDE A LOT INTO THREE
PARCELS LOCATED AT 1320 PROSPECT STREET.
APPLICANT: MARTIN JACOBSON/YVONNE S. FRIED
This action was approved.
PLANNING ACTION 95-018
REQUEST FOR A REAR YARD VARIANCE TO CONSTRUCT A ONE CAR, SINGLE
STORY GARAGE THREE FEET FROM THE REAR PROPERTY LINE INSTEAD OF
THE REQUIRED TEN FEET AT 330 LAUREL STREET.
APPLICANT: BRINT & LAUREEN BORGILT
Would this qualify for a Variance if living space were being required? What happens if
this unit is converted to a living space or rental unit? What steps need to be taken?
Knox will check with the City Attorney.
This action was approved.
ADJOURNMENT
The meeting was adjourned at 2:00 p.m.
ASHUWD PUWNING COMMISSION 2
HEARINGS BOARD
MINUTES
MARCH 14,1995
CITY OF ASHLAND
PARKS AND RECREATION COMMI SSION
SPECIAL MEETING
MINUTES
April 12, 1995 Chair Alsing called the meeting to order at 7:00 p.m. at the
department office, 340 S. Pioneer Street.
ATTENDANCE:
Present Pat Adams, Al Alsing, Bob Bennett, Teri Coppedge, Laurie
MacGraw, Ken Mickelsen.
Absent None
I. DISCUSSION OF OAK KNOLL RESTAURANT OPERATIONS
Director Mickelsen reported that Richard Hobbs had withdrawn his proposal to operate the
restaurant facility. In discussion, reviewing the other two applicants, Commissioners
determined that neither had the experience the Commission was looking for in an operator.
After lengthy discussion, Commissioners decided to go out for proposals a second time but
with more specific guidelines for the kind of operation (i.e. grill or cafe style) the
Commission would like to have and with more specific criteria for applicants as to direct
experience in the owning or operation of a facility. Proposals would be presented to local
restaurateurs and advertised locally. Commissioners asked to have proposals returned by
its next Regular Meeting, or, if that was not possible, to hold a Special Meeting as soon as
proposals were returned.
In order to minimize the subsidy of restaurant activities at this time, Commissioners asked
Director Mickelsen to work with current restaurant staff to streamline the menu. At this
time, because of the floor plan and having to order food in the bar if converted to a "grill"
type operation, Commissioners chose to keep a wait person on duty.
II. ITEMS FROM COMMISSIONERS
Commissioner Coppedge inquired as to how progress was coming on the N. Mountain
Park site. Director Mickelsen said that he had set up staff meetings with interested groups
from baseball organizations, soccer organizations, and persons interested in environmental
issues for the following week. He said that he had also had inquiry from people interested
in what the Commission was going to do with the old house. He had advised them that
no firm decisions had yet been made and invited them to join the staff meetings also.
Special Meeting - April 12, 1995 Page 2
Ashland Parks and Recreation Commission
Items from Commissioners - continued
MOTION Making a motion to re-locate the old house, Commissioner Adams said that she felt that in
order to develop the park it was obvious that the house would have to be moved and felt
that the Commission could make that decision at this time. Commissioner Bennett
seconded.
In discussion, Commissioner Alsing indicated that he felt that taking action on any aspect
of the site was pre-mature because the planning process was still in its initial stages.
Commissioner Coppedge said that she felt that it was extremely important for the
Commission not to short cut the public process and to make any decisions prior to hearing
various peoples' points of view. Even though Commissioners have always looked at this
site with the idea of developing an active park and having a house situated in the middle
of a ballfield was not logical, it would not be appropriate to make decisions regarding the
site without first listening to all interested parties.
The vote was: 3 no - 2 yes (Adams, Bennett)
III. ADJOURNMENT With no further business, Chair Alsing adjourned the meeting.
Respectfully submitted,
Ann Benedict, Business Manager
Ashland Parks and Recreation Department
CITY OF ASHLAND
PARKS AND RECREATION COMMISSION
SPECIAL MEETING
MINUTES
April 5, 1995 Chair Alsing called the meeting to order at 7:00 p.m. at the
department office, 340 S. Pioneer Street.
ATTENDANCE:
Present Pat Adams, Al Alsing, Bob Bennett, Teri Coppedge, Laurie '
MacGraw, Ken Mickelsen.
Absent None
I. REQUEST FOR DRIVING RANGE NETTING
Bob Haney, Pro Shop Concessionaire at Oak Knoll Golf Course, made a brief presentation
to the Commission regarding the purchase of a three-stage netting structure to allow for
driving practice at the course. He explained that the netting would allow for beginning
and intermediate instruction at the course. He said that he would be willing to purchase
the structure with the Commission's approval of having it set in place. He also requested
full payment of his portion of the annual membership fees which would allow him the
cash flow for the purchase of approximately $1,500.
In discussion, Commissioners determined that there would be adequate room on the course
for placing the facility. They also determined that the safety of the course would be
enhanced for those who wished to practice striking balls.
MOTION Commissioner Coppedge made motion approving the purchasing of the structure and
placing it on the course. Commissioner MacGraw seconded.
The vote was: 5 yes - 0 no
IL REVIEW OF RESTAURANT CONCESSIONAIRE PROPOSALS
Commissioners reviewed three proposals submitted for Restaurant Concessionaire at Oak
Knoll: Mark Severson from Ashland, Richard Hobbs from Ashland, and William
Richardson from Grants Pass. Mr. Severson was present in the audience and responded to
questions from Commissioners regarding his proposal.
Special Meeting - April 5, 1995 Page 2
Ashland Parks and Recreation Commission
Review of restaurant proposals - continued
Following general discussion of the proposals, Commissioners decided that they would
also like to speak with the other two persons who submitted proposals. A Special Meeting
was tentatively set for Wednesday, April 12, 1995 to interview the other two persons.
Director Mickelsen was asked to check references prior to that date. Commissioners
questioned that each of the three proposals would have adequate cash flow to carry them
and make the venture a success.
III. ADJOURNMENT With no further business, Chair Alsing adjourned the meeting by
consent.
Respectfully submitted,
Ann Benedict, Business Manager
Ashland Parks and Recreation Department
CITY OF ASHLAND
PARKS AND RECREATION COMMISSION
REGULAR MEETING
MINUTES
March 27, 1995 Chair Alsing called the meeting to order at 7:00 p.m. at the
department office, 340 S. Pioneer Street.
ATTENDANCE:
Present Pat Adams, Al Alsing, Bob Bennett, Teri Coppedge, Ken
Mickelsen. Laurie MacGraw arrived late.
Absent None
I. ADDITIONS OR DELETIONS TO THE AGENDA None
II. APPROVAL OF MINUTES
A. Regular Meeting - February 28, 1995
Commissioner Adams made a motion to approve the minutes of the Regular Meeting
of February 28, 1995 as written. Commissioner Coppedge seconded.
The vote was: 4 yes - 0 no
B. Special Meeting - March 15, 1995
Commissioner Adams made a motion to approve the minutes of the Special Meeting
of March 15, 1995 as written. Commissioner Coppedge seconded.
The vote was: 4 yes - 0 no
III. BILLS AND FINANCES
A. Approval of previous month's disbursements
Commissioner Adams made a motion to approve the previous month's disbursements
as indicated by Payables checks #10359 through #10507 in the amount of
$110,383.35 and Payroll checks #7921 through #8004 in the amount of $45,997.74.
Commissioner Coppedge seconded.
The vote was: 4 yes - 0 no
IV. AUDIENCE PARTICIPATION ON THE AGENDA None
V. AUDIENCE PARTICIPATION NOT ON THE AGENDA None
Regular Meeting - March 27, 1995 Page 2
Ashland Parks and Recreation Commission
VI. OLD BUSINESS
A. Use of City owned land at corner of E. Main and Garfield Streets
Chair Alsing indicated that the purpose of the agenda item at this meeting was to
gather additional public input and comment regarding the best use of the public land
at the corner of E. Main and Garfield Streets. The Commission would then
determine whether or not it would choose to make a recommendation to the Council
on what it considered the best use of the City owned land.
Lawn Holden (33 Garfield) was present in the audience. She said that she lives right
across the street from Garfield Park and observes on a daily basis the extremely busy
use of the park including the grassy area at the corner of E. Main and Garfield. She
said that she believes that if the area were used as a building site that there would no
longer be enough room for the wide variety of uses by all age groups which currently
use the park. She said that she felt that the grassy area should remain part of the
park.
Eric Setterberg (101 Garfield) said that he definitely believed that the area in question
should remain open space. As a park neighbor, he and his daughter used the park
frequently. He indicated that the open grassy area lends itself to all kinds of use for
games and activities such as kite flying which need room. He also mentioned that
having the open area allows for younger children to use the sidewalk and path areas
to practice riding their bicycles without being out of site of their parents. He said
that visually he felt that the area should remain "open space" because of the already
high density building in the area. He said that, in his opinion, if the Commission
were to request of the City Council that the area be dedicated as park land that the
request would receive strong community support.
Bill Greenstein (191 N. Wightman - Mill Pond area) said that several years ago when
the Open Space-program was in the planning stages he attended a number of
meetings in which he heard that one of the goals of the program was to provide parks
and open space areas for neighborhoods. He said that he supported the program and
that it would be a real slap in the face to have this open space in this part of town
taken away for a building. He said that if people had known that the area was no
longer under consideration for a fire station that, when Garfield Park was being
developed, he was sure that peoples' first choice would be to have it become a part
of the park. He said that he believed that the decision on how this corner should be
used should be based on the best use of the land, not on the needs of Youthworks.
The City should consider all the land it owns if it wants to give Youthworks land, not
just this piece which already gets good use as it is.
Regular Meeting - March 27, 1995 Page 3
Ashland Parks and Recreation Commission
Property at E. Main and Garfield - continued
Betty Northcutt (1340 E. Main - across from railroad tracks) presented a petition to
the Commission which held 65 signatures from area residents who requested that the
corner officially become part of the park. She said a copy had been given to Brian
Almquist also. She said that that area of town was getting too crowded already that
to take away the open space would be a shame.
Dave Little (91 N. Wightman) said that he had read an excellent editorial in the
Tidings on March 8 which discussed many of the items mentioned this evening. He
said that he was spurred by the editorial to drive around and really look hard at the
area. He counted 146 houses which he said use either Fordyce or Wightman to
access E. Main; "there are lots of sub-divisions down there." He said that the area at
the corner of E. Main and Garfield is their "little bit of open space" in the area and
that if a building were put on the corner, it would be reduced to a postage stamp.
Mike Uhtoff (633 Roca) said that he is quite concerned about having things for kids
to do in Ashland. He supports Youthworks' concept and believes it is needed.
However, he said he did not believe that a building should be built at Garfield Park.
It is already providing things for kids to do as it is now. He said that the community
needs to look hard for a place for the Youthworks facility, but not at Garfield Park.
Other audience members also spoke re-iterating ideas expressed above. A letter from
Cate Hartzell stating her reasons for wanting the area to remain open space was
entered into the record by Chair Alsing.
Steve Groveman, Director of Youthworks, was present and asked if he would like to
comment. Mr. Groveman said that it is not Youthworks' task to tell the community
how best to use its public land. He said that the site at the corner of E. Main and
Garfield had been mentioned to him as a possible site for a Teen Center but it was up
to the community to determine whether or not that would be the best use of the land.
He said that it was not his intention to create controversy and he certainly did not
want the perception that Youthworks was going to take something way from the
community. He said Youthworks wanted to bring something to the community by
creating a much needed resource for teens and families., He said that Youthworks'
first choice would be to find private land which it could afford to purchase. If by
working with the City an arrangement could be made for City owned land,
Youthworks would like to have that considered too.
Mr. Groveman said that when beginning to look for a site he had had no
understanding of how difficult it would be to find an appropriate, affordable site. He
said that he has had some great suggestions and that people have been very helpful in
Regular Meeting - March 27, 1995 Page 4
Ashland Parks and Recreation Commission
Property at E. Main and Garfield - continued
trying to provide.assistance, but that as yet, no site has been found. He said that he
was beginning to have some real fears that a site would not be found. He said that
everyone tells him that the resource Youthworks is trying to provide is important and
needed but so far finding the site has been very difficult. He said he understands not
wanting to lose part of a park. But, on the other hand, he did not want anyone to
assume that another site would be readily available.
In response to an inquiry by Commissioner Adams regarding forming a community
resource group to assist in finding a location, Mr. Groveman said that at this time his
grant through the City would expire the end of June and he did not know whether or
not the City Budget Committee would be willing to hold over the funds if the project
wasn't off the ground by that time. He said that some people in the audience tonight
had indicated that they would call to offer to work on a committee to help find a
sight, but no one has called to volunteer. He said that despite everyone's good
wishes, he was afraid the project would not come off because of lack of community
determination to make it happen.
Following public input, Commissioners discussed the topic. Commissioner Adams
said thaf her strongest impression of tonight's meeting and the neighborhood meeting
held on January 13th is one of passion on the part of the residents in the area to keep
the area open space and part of the park. She said that she believes that the issue is
one of land use and to have the area built upon for whatever the reason would be a
disservice to the neighborhood. She said that Garfield Park as it is now serves a
diverse population and fulfills some of the needs of youth. She said that she fears
that taking away the open space area could negatively affect the overall use of the
park and the interaction among park users. She said that she would hope that if the
City does become involved with finding a site for the Youthworks program that it
would look at all city owned land, not just the area adjacent to Garfield Park. She
encouraged the Commission to treat the question of the use of the area as a "land
use" issue and to make a request of the Council to dedicate it as park land.
Commissioner Coppedge indicated that she was appreciative that the Commission has
had further opportunity to address the question of use of that area. She said that in
January there were also passionate people in the audience speaking eloquently to the
need to find a location for the Youthworks project believing that this corner would
work very well. She thanked the participants in the audience at this meeting for
presenting their feelings and points of view also.
Regular Meeting - March 27, 1995 Page 5
Ashland Parks and Recreation Commission
Property at E. Main and Garfield - continued
Commissioner MacGraw said that she had difficulty looking at the question as strictly
a land use issue. She said that in her view kids are growing up so fast and that the
problems surrounding youth are multiplying so fast that programs such as what
Youthworks is offering is greatly needed. She.said that she feels very tom between
preserving the open space and perhaps not finding a location for the Youthworks
program. She said that many people working with community groups had come up
with a concept for a facility in Ashland which would help families and young people.
But, now, it is made to sound as if it is Mr. Groveman's entire responsibility to find
a site. She said, as someone from the audience mentioned previously, she wondered
if the community really has the will to find a place for the program. She said that it
was not just any building being suggested for the Garfield Park area; it was not a
black and white question. She said she cringed at the thought of having a building
placed on that corner and she would like other sites looked into. However, if push
came to shove, she would vote for Youthworks using the Garfield site if no other
could be found.
MOTION After some further discussion, Commissioner Adams made a motion to request that
the City Council dedicate the 1/2 acre of city property at the corner of East Main and
Garfield Streets as park property. Commissioner Bennett seconded.
The vote was: 5 yes - 0 no
MOTION Commissioner Adams made a "friendly" motion indicating that if the Council is
going to consider making City land available to Youthworks for its project then all
land owned by the City needs to be taken under consideration, particularly the land
across E. Main from Garfield Park. Commissioner Bennett seconded.
In discussion of the motion, Commissioner Adams said that the purpose was to lend
some support to those citizens who have stated that they believe that there are other
properties across E. Main owned by the City which would be a more suitable location
than the park site. Commissioner Coppedge said that she felt that it was
inappropriate in her role as Parks Commissioner to advise the City how to use its
land unless it directly affected parks. She said, as a "recreation" Commissioner, she
felt that it would be more appropriate to generally support Youthworks in its efforts
to find a location. Commissioner Adams indicated that her primary interest was to
open up dialogue.
The vote was: 4 no - 1 yes (Adams)
Commissioners continued to discuss its general desire to support Youthworks' efforts
to provide a service to the community and, particularly, the role in which the
Commission could play in supporting the recreational aspects of that programming.
Regular Meeting - March 27, 1995 Page 6
Ashland Parks and Recreation Commission
Property at E. Main and Garfield - continued
Commissioner MacGraw said that now that the Commission has chosen to
recommend that the corner property be dedicated as park land that it now needs to
find a powerful means to get behind Youthworks in finding a location to offer its
programming.
MOTION Commissioner MacGraw made a motion stating that the Commission would stand
behind a City Council based effort to find property on which to locate the
Youthworks facility. Commissioner Coppedge seconded.
The vote was: 5 yes - 0 no
MOTION After some further discussion, Commissioner MacGraw made a motion stating that if
the City Council chose to develop a study group to work with other community
organizations to actively and in a coordinated manner pursue the goal of finding a
location for the Youthworks facility that the Commission would assign two
Commissioners to work to support the effort. Commissioner Coppedge seconded.
The vote was: 5 yes - 0 no
B. Criteria for use of Youth Activities Levy monies
Jill McClelland, Project Coordinator, reported that the committee which has been
meeting to discuss programming for seniors has chosen to make three
recommendations to the Commission. The three recommended activities are
country/western line dancing, guided walks, and a newsletter. She presented a brief
outline including associated costs for each program to the Commission. In discussing
the funding source, Director Mickelsen indicated that there would be sufficient funds
from the community activities portion of the Youth Activity Levy Fund to fund these
programs. The YAL would continue for two more years.
MOTION After brief discussion, Commissioner Adams made'a motion to approve all three
programs as presented. Commissioner Bennett seconded.
The vote was: 4 yes - 0 no
Commissioner MacGraw left early.
Following discussion of the programs for seniors, Commissioner Coppedge said that
she would also like to see a newsletter directed toward youth activities. Other
Commissioners in lively discussion concurred that the idea of frequent bulletins of
what was going on in the community for youth would be an excellent idea because a
lot was offered but there was not a central location for anyone to receive information.
Director Mickelsen said that he and Jill would work to bring a recommendation back
to the Commission on a "youth" bulletin.
VI1I. NEW BUSINESS None
Regular Meeting - March 27, 1995 Page 7
Ashland Parks and Recreation Commission
IX. CORRESPONDENCE, COMMUNICATIONS, DIRECTOR'S REPORT
A. Letter from Ashland Chamber regarding tourist video
Commissioners reviewed a letter from the Chamber of Commerce offering the
department the opportunity to participate in a new tourist video. The cost for a 2 1/2
minute spot would be $1,200.
MOTION Commissioner Adams made a motion to decline the offer to participate in the video.
Commissioner Coppedge seconded.
The vote was: 5 yes - 0 no
B. Rental of dog park area
Director Mickelsen reported that the department has had a request from a group to
use the dog park area for special activities for dogs and their owners. After brief
discussion, by consensus, Commissioners approved the use of the area for special
events directing staff to develop appropriate guidelines for reserving the area
including rental fees which would help defray the cost of maintaining the area.
C. Oak Knoll Restaurant kitchen
Director Mickelsen reported that it will cost $1,740 to hire a company to thoroughly
clean the Oak Knoll kitchen and that the restaurant would need to be closed for three
days. Did the Commission choose to go forward with that project? Consensus
among Commissioners was that the project would be done but to hold off for a short
time to see if whomever was offered the lease to the facility would have some input
in the process.
D. Funding for Recreation Division from City General Fund
Director Mickelsen reported that the City Administrator would be recommending to
the City Budget Committee that the General Fund support for the Recreation Division
be cut by approximately $7,000 for fiscal year 1995-96 and then subsequently be cut
each year for the next three years until General Fund support was eliminated. His
recommendations to replace the General Fund support included using monies from
the Youth Activities Levy, the Recreation Serial Levy, and the Golf Course Fund.
Briefly stated, in discussion Commissioners determined that they could not support
the City Administrator's recommendations for the following reasons: That
Commissioners believed that the community expected to expand recreational
opportunities when it voted for the Youth Activities Levy; that to use Recreational
Serial Levy monies would require changing the levy to include support for general
recreation programs and that that could defeat the levy which is now written
exclusively to support swimming programs and maintenance of recreational facilities
not located on park property; and, that it would be imprudent to take monies from the
Golf Course Fund until the much needed capital improvements had been made to the
course. Commissioners indicated that they would present their views to the Budget
Committee during their budget presentation April .6th.
Regular Meeting - March 27, 1995 Page 8
Ashland Parks and Recreation Commission
X. ITEMS FROM COMMISSIONERS
Commissioner Alsing reported that the American Waterworks Association, Pacific
N.W. Section holds a contest each year for water conservation projects. He said that
he had taken the liberty of submitting an entry for the department's central irrigation
system and the results would be known some time in April.
XI. NEXT MONTH'S AGENDA The next Regular Meeting was set for Tuesday,
April 25, 1995 at 7:00 p.m.
XII. ADJOURNMENT With no further business, Chair Alsing adjourned the
meeting.
Respectfully submitted,
)'- ) 4
Ann Benedict, Business Manager
Ashland Parks and Recreation Department
ASHLAND HISTORIC COMMISSION
Minutes
April 5, 1995
CALL TO ORDER
The meeting was called to order by Chairperson Jim Lewis at 7:40 p.m. Members present
were Terry Skibby, Larry Cardinale, Jim Lewis, Keith Chambers, Casey Mitchell, Steve
Ennis, Chloe Winston, Bill Harriff and Bill Emerson. Also present were Senior Planner Bill
Molnar, Council Liaison Steve Hauck and Secretary Sonja Akerman. No members were
absent.
APPROVAL OF MINUTES
Emerson said he would like the Minutes of the May 8, 1995 meeting, in the third paragraph
under Planning Action 95-010, to read (..if it were o
Jff-set two feet...). Ennis moved to
approve the May 8, 1995 Minutes as amended and Emerson seconded the motion, which
passed with all voting aye.
STAFF REPORTS
PA 95-028
Conditional Use Permit
630 Siskiyou Boulevard
Karen Teker
Molnar explained this application is for a one-unit travellers accommodation to be located
in the two-story structure at the rear of the property off the alley. The ground floor
comprises a two-car garage, but is mainly used for storage. The unit will be situated in the
upper floor existing apartment. The applicant/owner would like to have the ability to rent
the unit during the season (May through October). There was not a detailed record of the
building conversion to an apartment, so a special inspection was made by the Building
Department. There were only a few minor changes that will need to be made. The Fire
Department is requiring a protective measure for the gas meters located near the structure,
so it will be a condition of approval. There will be no exterior changes to either the main
house or the structure in the rear.
Emerson asked about the parking area and Molnar said there is currently a cement slab,
which will provide the necessary three spaces.
Chambers questioned if the apartment was rented year around. Cecil Sherrod, 1350 Iowa
Street, said she was a friend of the owner and clarified the apartment has only been
occupied by friends and family since Teker bought the property three years ago. Teker said
the apartment would be rented with the stipulation it would only be available from
November through April.
Skibby commended the owner for all the work she has done on the main house. Teker said
she has also had a landscape architect draw up plans for the landscaping of the property.
She added she also plans to put new awnings on the rental.
Winston moved to recommend approval to the Planning Commission and Mitchell seconded
the motion. Discussion followed regarding the loss of affordable rentals near the downtown.
Chambers stated he personally feels there needs to be focus given to the loss of these units.
Ashland seems to be changing to accommodate tourists rather than the local people.
Molnar said Staff has had discussions on this and it has surfaced as an issue during the
Railroad District meetings. Another issue has been the overcommercialization of the
Historic District through the Conditional Use Permit process. Travellers accommodations
have not been addressed as thoroughly because they are owner occupied in the residential
districts. Molnar went on to say this can be put on the agenda as an item to discuss, then
a memo should be forwarded so it can be considered in the Railroad District planning
process. Chambers said on the positive side, the Conditional Use Permit process can allow
the unit to return back to a rental, but he still feels the City needs to address this. Emerson
also added through the CUP process, properties are upgraded and maintained. Ennis
agreed, but stated affordable rentals are lost. The motion passed unanimously.
PA 95-023
Modification of a Conditional Use Permit
376 "B" Street
Susan DeMarinis
Molnar related the original CUP was approved in April of 1993 to allow a chiropractor's
office in front with the apartment in the rear. The approval went with the applicant rather
than the property. Conditions of this approval included not more than 400 square feet of
floor area to be used for the office, the office could not operate more than 30 hours per
week, and the apartment could not be sublet (it had to be used by the owner of the business
who was also the owner of the property). The owner is now requesting the Conditional Use
Permit run with the property and she be allowed to not live on site. She will be getting
married and the apartment is not big enough for a family. A chiropractor would still only
be allowed 30 hours per week. She would like to have the flexibility to have another
practitioner, so if another chiropractor is allowed, the two would not have the same hours.
Molnar noted the impacts would be similar to a home occupation under the new regulations.
Discussion followed regarding DeMarinis' original application for 386 'B" Street,noting that
since the house was sold, it has now gone back to residential use. If someone now wanted
to put a business in the house, it would require a new CUP. Since the applicant owned both
properties three years ago, both properties were considered when approval was granted, and
therefore more restrictive conditions were placed on 376 "B" Street.
Lewis stated he thought this application was a reasonable request. Skibby added the
streetscape has been improved, and noted there would be no exterior change to the building.
Ashland Historic Commission
Minutes
April 5, 1995 Page 2
Ennis said the parking area is not working well in the rear, so DeMarinis explained what
had happened to cause the regression of the railroad ties and soil slippage.
Emerson said he is bothered by the fact the apartment rental is not addressed as a condition
that it remain a residential unit. Therefore, he moved to recommend approval of this action
with the requirement the apartment remain in residential use. Harriff seconded the motion.
Hauck added this would be good protection because even though the applicant owns the
property now, ownership can change.
Philip Lang, 758 'B" Street, distributed a letter he had written on August 1, 1994 regarding
an application for a travellers accommodation in the Railroad District. He was opposed to
granting that CUP and stated he was also opposed to granting PA 95-023 and 95-026. His
reasoning included the following: 1) if the City is working on a plan now, planning actions
need to be stopped until it has been completed; 2) if the zoning will be changed, we need
to suspend planning actions until this has been done; 3) 'B" Street is lined with cars even
after working hours; 4) at what point does the density created by more commercial uses
become unbearable? 5) do the businesses serve the neighborhood? 6) there is no
enforcement or follow-up for approved planning actions; and 7) when you have a business
in the area, the residential fabric is broken. Lang said we need to stop all this business until
we have a plan, and we need to change the zoning to make sense.
Skibby related the Historic Commission advises the Planning Commission and said he thinks
the Historic Commission carries a lot of weight. He also feels both pieces of property for
this planning action have been upgraded and they have both made a positive impact on the
neighborhood.
Emerson asked if it were even possible to have a moratorium. Molnar said he would need
to talk with the City Attorney, and City Council approval would be necessary. We would
also need to show we have a plan in order to eliminate the moratorium. Lang said he was
asking for a moratorium on Variances and Conditional Use Permits,not abrogating building
permits. By doing this, only permitted uses would be allowed.
Emerson noted the Railroad District Plan is moving forward. Lewis remarked he had not
heard of zone changes proposed for the area. Lang declared enforcement is needed -- how
will the plan affect the area if not enforced? How will it all fit together?
Lewis stated the planning action being discussed is only a slight modification of an existing
CUP. Harriff added Lang has lumped all planning actions together. Most professional
services are for local people, not for tourists. He added that although a lot of what Lang
has said is valid, there will always be neighbors who help in the enforcement process. Ennis
said he recalled having similar discussions in the past, but pertaining to this application,
there is no change in the use, and it is not related to what can be done regarding other new
applications. Emerson agreed and said he would advocate maintaining 60% for residential
usage.
Ashland Historic Commission
Minutes
April 5, 1995 Page 3
Ron Thurner, 1170 Bellview Avenue, stated he was neither in favor nor opposed to this
request. However, he said he would like to comment on a number of items: 1) the CUP
is changing because it currently goes with the owner and at the time of approval, there was
contention because of the two pieces of property; 2) thinks the 60% residence requirement
has a lot of merit, but he said it could double the impact with having the unit not owner
occupied; and 3) a moratorium is not designed to be implemented through a popular vote,
as when there is a problem recognized, a moratorium is a tool to implement the correction,
not to stop the growth. He went on to say we have a planning process with state laws and
there is little to prevent the implementation of a moratorium. It would be necessary,
however, to come up with a plan for the creation of a plan within six months after activated.
Citizens should rely on the commissions, elected officials, and staff for the expertise on these
matters. He would hate to see the public try to dictate what planning is all about because
the process is very technical and most people do not understand it.
Cardinale asked about the Railroad Plan and when it would be implemented. Molnar said
it should be adopted in early June. Then the process to change the necessary ordinances
will begin. Lewis said a better point could be made if these two applications were not
already approved CUPS. He also noted the best time to bring up the moratorium for CUPS
will be at the Railroad District meeting, which will be next week. Lang again reiterated the
importance of the Historic Commission supporting a moratorium and the need to follow up
on all CUPs. Harriff informed Lang the Commission has also had concerns regarding
changes in plans not only after something is built, but during construction.
DeMarinis said the neighbors are a good tool for enforcement. If they see something they
think is not right, they call about it, then it gets checked out. Harriff asked DeMarinis how
she will enforce a rental person to be employed, as she has stated one of the stipulations
in the rental agreement will be that the person be employed during the day. She answered
there are no guarantees, but she is certainly heading toward that direction.
Skibby asked about measures of enforcement. Molnar said the business license could be
revoked and the Police Department could issue citations.
The motion was finally unanimously approved.
PA 95-026
Extension of a Conditional Use Permit
78 and 84 Fourth Street
Rogue Environmental Incorporated
Molnar informed the Commission this is for an extension of an approval which was granted
for the Waldorf School and administrative offices in March of 1994. When Headwaters
takes over the building, the existing office will go back to residential usage. A two year
approval was granted last year, and REI is requesting a six month extension to give Waldorf
more time and so it won't be disrupted during the school year. Molnar reviewed the
Ashland Historic Commission
Minutes
April 5, 1995 Page 4
original conditions and stated they would remain the same. The improvements will be
undertaken when Headwaters takes over.
John Stahmer, representing Rogue Environmental, Inc., clarified no changes are being
requested other than the six month extension. He also explained when they take over,
parking will be shared with the residence, and noted Waldorf has an agreement with the
Unitarian Church to use its lot during the week. Molnar explained the parking that was
originally approved (on-street, off-street, and the Variance). Stahmer added the church is
not willing to give an agreement for use of its lot longer than one year. Emerson stated the
entire future project will be an improvement. Stahmer noted there will only be interior
renovations on the home before it is rented.
Skibby moved to recommend approval of this application and Winston seconded the motion.
It was unanimously approved.
BUILDING PERMITS
Permits reviewed by members of the Historic Commission and issued during the month of
March follow:
60 Granite Street Doug & Linda Smith Remodel/Addition
137 North Main Street Brad Parker Convert Garage to
B&B Unit
100 Auburn Street David Berger & Jeane Lind SFR
208 Oak Street Lance Pugh Repair Fire Damage
107 Alida Street Ted Holden Demolition Out Bldg
64 Dewey Street John Orr Demolition SFR
14 Beach Avenue Al Gray Addition*
156 Eighth Street Michael Datz Addition
27 North Main Street American Trails Sign
283 East Main Street Looking Glass Beads Sign
*Review Board recommended disapproval
REVIEW BOARD
Following is the schedule (until the next meeting) for the Review Board, which meets every
Thursday at least from 3:00 to 3:30 p.m. in the Planning Department:
April 6 Skibby, Emerson and Lewis
April 13 Mitchell, Chambers, Skibby and Emerson
April 20 Cardinale, Skibby, Emerson and Lewis
April 27 Cardinale, Skibby, Emerson and Winston
Ashland Historic Commission
Minutes
April 5, 1995 Page 5
OLD BUSINESS
National Historic Preservation Week - May 14-20
Skibby discussed the events which will be taking place and asked for more volunteers.
Flyers will be distributed by Skibby, Lewis and Winston. The importance of attending the
award presentation on Friday the 19th was also stressed.
NEW BUSINESS
City Council Liaison
Emerson volunteered to be the City Council Liaison and Mitchell volunteered to be his
back-up. The Commission unanimously concurred.
State Legislation Which will Affect Historic Resources
Molnar explained Senate Bill 588, which contained the owner consent rule, was vetoed by
then Governor Roberts and Governor Mtzhaber, but it was overridden. This will allow any
owner to refuse historic designation of property. The bill is still in committee, as it is likely
the new legislature will modify it. Advocates for historic preservation would like "shall" to
be changed to "may" and would like the local jurisdiction to have the authority rather than
the owner. The final decision has not yet been made.
Senate Bill 684, introduced by Lenn Hannon, is one way to try to minimize some of the
concerns of SB 588. It would expand special assessment to local landmarks; although it
would not be for 15 years, these properties could get 20% investment credits. Commercial
properties would remain at 15 years. The purpose would be to make historic designations
more attractive.
Hauck noted SB 588 will not go into effect until 90 days after adjournment.
Historic Preservation Ordinance
Molnar stated the Planning Commission will be having a joint study session with the Historic
Commission on April 25 at 7:00. The purpose will be to review the proposed Historic
Preservation Ordinance. The Commission briefly discussed the draft and thought the
content was good. As a result, extra night meetings and the importance of the Review
Board were discussed.
Plaza
Emerson reported City Administrator Brian Almquist had come to the Review Board a
couple weeks ago to talk about building another information booth on the Plaza. He also
Ashland Historic Commission
Minutes
April 5, 1995 Page 6
had copies of the approved plan of the overall concept for the Plaza that was approved by
the Downtown Planning Advisory Committee (DPAC) and the City Council three years ago.
At that time, the booth was proposed to be relocated because the encroachment of the
booth toward Iron Mike was pointed out. It is necessary to be sensitive to the placement
of the booth. When it was looked into, however, it was decided to leave the booth in its
existing location because of the expense, with the idea it may be relocated at a later time.
Emerson showed the relocation area, then went on to say Almquist is proposing to add on
to the existing booth toward the sidewalk, which will cause it to become more permanent.
Emerson suggested building a temporary building or building another one in the proposed
relocation area that was originally approved.
Hauck informed the Commission the City has received the grant from Regional Strategies
Lottery money and the building will not cost the City anything. He said there is pressure
to locate a mini police station on the Plaza and the Commission agreed there is a need for
this. Hauck added the Chamber of Commerce would also like to keep the information
booth.
Lewis said it would be difficult to make the new structure compatible, and it may not
necessarily be best to duplicate the existing booth. DPAC will be contacted to meet the first
part of next week on this.
Harriff moved and Mitchell seconded to have Emerson be the liaison between the
Commission and DPAC. The motion was unanimously passed.
The Commission then reviewed the submitted drawings. It was suggested a new information
booth should be built and the existing booth be used as the mini police station. It was also
emphasized the new building should not be duplicated.
ADJOURNMENT
It was the unanimous decision of the Commission to adjourn the meeting at 10:12 p.m.
Ashland Historic Commission
Minutes
April 5, 1995 Page 7
ASHLAND POLICE
MONTHLY REPORT
March, 1995
0
Part I offenses (major crimes attended a Lotus Computer Class at Micro
and thefts) were up compared Dynamics.
to March, 1994. There was
an increase in shoplifting, (40 o Barbara Hansson attended a seminar on
reported this year-to-date how to supervise people in Medford.
compared to 36 reported in
1994); and other thefts (57 o Mel Clements, Linda Hoggatt, Lisa Brooks,
reported compared to 38 reported during Randy Pryor, Michael Bianca attended a two
1994); and there have been 5 robberies day seminar at SOSC on Emergency
reported this year-to-date compared to 1 Operations presented by Chief Woodley.
reported last year. However, there has been a
decrease in bicycle thefts (24 reported this TOTAL HOURS TRAINING FOR THE
year-to-date compared to 27 last year). MONTH: 127 HOURS
Part II offenses (minor incidents) for 1995 INVESTIGATIONS:
were also up (+29%) bringing the combined o Detective Lynn Parlette
Part I and Part II total, to a year-to-date taught a class on drugs to MOV03110
increase of (23.9%). There was a increase in Phoenix High School.
simple assaults (34 reported compared to 21);
narcotic/drug crimes (28 reported this year-to- o Detective Parlette began a
date compared to 22 reported in 1994); background investigation on
trespassing (97 in 1994 to 39 in 1995). Ashland's newest police officer--Greg
Lemhouse. He traveled to Corvallis and
TRAINING: Keiser for two days as part of the
o Jan Janssen attended a investigation.
dispute resolution seminar
46io March 2nd and 3rd. o Detective Parlette assisted the Immigration
and Naturalization Service in locating and
o Officers Brown, Snow, and arresting an illegal immigrant from England.
Bailey attended a Basic
Wordperfect Class at Micro o Detective Parlette cited a man with being a
Dynamics. felon in possession of a firearm. The man had
shot himself in the leg last month.
o Sergeant Brooks presented evaluation
training for all staff members. o Detective Parlette assisted Talent PD in the
investigation of mail theft and forgery ring
o Officer Jensen attended a commercial which targeted southern Oregon.
vehicle violations training lecture.
o A suspect was arrested in the Reter Fruit
o Mel Clements, Lynn Parlette, Mike Bianca, Company counterfeit check case (1991) by Las
Lisa Brooks, Randy Pryor, and Craig Hooper Vegas PD.
1
o Detective Steve Brown assisted in the Major Training 104.5 hours
Assault/Death Investigation Unit in the Special Assignments 57 hours
investigation of a homicide in White City. Total Hours 281.5 hours
Three suspects were arrested in Washington
for the crime. SPECIAL EVENT:
o Detective Steve Brown was assigned three WOMAN
new sex abuse cases. ENTREPRENEURS
OF OREGON, a
YOUTH DIVERSION OFFICER: non-profit
organization of
Caseload Summary (February) networking and .
professional
1) Cases Brought forward 13/0* development for
2) Cases Opened 11/2* women business
3) Program Total to Date 55/19* owners held its
monthly dinner meeting and program, which
* non-offenders was quite entertaining. Remember the T.V.
show WHAT'S MY LINE? This special
A In terms of the offenses evening recaptured some of the magic of that
_ committed: three cases of era. There were 3 professional women quests
• • Theft III, one case of whose occupations the audience had to guess.
Trespass II, and one case of "Karolion" also known as Karol Williams, an
Curfew. Five cases were Ashland 9-1-1 dispatcher attended in her lion
closed this month and that costume that she wears as Ashland's 9-1-1
added to a prior total of 18 closed cases which mascot for children's 9-1-1 education. Karol
means that 23 youth have successfully Williams said that the evening was very fun.
completed their contracts. Jan Janssen was She met a lot of interesting people but the
involved in 67 contacts with Ashland youth most challenging thing to do in the whole
and their families. evening was trying to eat teriyaki chicken with
her costume on!
RESERVES:
o Reserve Officer EXPLORERS:
Vern Yeager is now The Explorers put in a total of 57 1/2 hours
helping the detectives with the Police Department, accounting for
along with Reserves meetings, ride alongs, and other projects.
James Lynch and Paul
Steele. They put in RETIREMENT:
many hours of Daymon Barnard's retirement dinner was a
computer searches as huge success. There were 85 people that
well as surveillance attended this very special event. We wish
work. The Ashland Police Reserve Division Daymon a happy retirement and will miss him
volunteered a grand total of 281.5 hours in dearly.
March. The hours have been divided into 4
areas as listed below:
Patrol 107 hours
Meetings 13 hours
2
1994 1995
Statistics FERm Y MO FERA MA
SOSC Calls 159 141
Calls For Service 817 814 43 7 59 9
Medical Runs 55 64 43
Fire Runs 11 22 20 23
ALS Runs 64 73 4 45
1
Auto Aid 0 0 1 5
Phone Statistics:
Day Shift 830 * 758 833
Swing Shift 1274 * 1052 1287
Graveyard 805 * 524 506
Front Desk 2783 * 2908 3379
911 Calls 536 * 445 490
Total Calls 6533 * 5687 6495
* Due to computer problems we were unable to get phone statistics for the month of March.
Last month, we found the computerized tracking of telephone calls to be in error. The system has
been analyzed and a determination made that the telephone calls from the council chambers building
were being added into the police department statistics. The program has been edited by computer
services and will be closely monitored in the next few months to verify all errors have been
corrected. I would therefore caution comparison on a year to year basis as the statistics could vary
from 500 to 600 calls per month.
i
3
ne 3' b>y�jjf �
° ASHLs3N9POLICE DEPA TMENTz� 3` t�` ,v ;mot k 11 . PLCIOOIR
CREATED CONSOLIDATE�INGI ENT REPORT } ?•
wr "�" ..y4 t rt ♦i. u °wf 'd1
4110/95 15:12.58 I,rl¢p
CLASSIFICATION REPORTED,OFFENSES e * 'CASES CLEARED ► #. CLEAP.ENCE RATES f --+ NO OF ARRES� CHARGES
OF OFFENSES ACTUAL ACTUAL ACTUAL It CHANGE j
THIS THIS LAST YEAR TO THIS THIS LAST THIS z THIS LAST THIS MONTH +1 T�YEAR'TD DATE
MONTH YTD YTD DATE MOfdTH YTD 'YTD MONTH YTD YTD 7UV ADULT TOTAL gJUV ADULT
PART I
CRIMINAL HOMICIDE r5 -M
MURDER
MANSLAUGHTERo�:b.. ?1"
RAPE 2 1 50.0%
ROBBERY 2 5 1 + 400.0 Y. 3 4 150.0% 80.0% 1 3 L, 4w 2 3
AGGRAVATED A5LT i 3 Z + 2 2 100.0% 66.7% 100.0% 2
Si fi'
BURGLARY
RESIDENCE 10 19 20 5.O % 2 2 10.5% 10.0% n7`
NON-RESIDENCE 3 7 8 12.5 X 1 12.5X
LA,RCENYITHEFT 4 12 alb 'Ib 36
SHOPLIFTING 12 40 36 + 11.1 X 9 33 27 75.OX 82.5% 75.0X
THEFT FROM MV 18 45 37 + 21.6 % 1 3 2.2% ^.8.1% r
MV PARTS-ACCESS 5 8 14 42.9 % 1 9 12.5% "c1.4% ' 4; F'
BICYCLE THEFT 8 24 27 11.1 % 1 2 4.2% "7.4%
THEFT FROM BLDG 12 29 30 3.3 % 2 4 8 16.7% 13.8% ' 26.7%
OTHER THEFTS 20 57 33 ± 50.0 % 2 5 12 10.0% 8.8% 31.6% :v ,:t
MOTOR VEH THEFT 3 9 6 + 50.0 X 2 3 2 66.7% 33.3% '33.3% 2 2 d 4
ARSON 1 2 3 33.3 % 1 33.3% �y a x Tyc 2
PART I TOTAL 45 250 222 + 12.6 X 19 57 63 20.0% 22.8% '.28,4% 14 1 24 Z4 5-1
PART 11
SIMPLE ASSAULTS 11 34 21 + 61.4 % t0 28 15 90.9% 62.4% 71.4% 21 6, ` ,'."8 37
FORGE COUNTERFEIT 4 4 7 t 28.6 2 2 25.OX 22.2% 23.6%
FRAUD 8 -(.•.8,: ,' 9:
CHECKS 3 20 22 - 911 *X 4 4 133.3% 2010%
CREDIT CARDS
OTHER FRAUD 8 14 !1 + 27.3 % 3 5 2 37.5% 35.7X 18.2%
EMBEZZLEMENT 1 2 50.0 X I 1 1 100.0% 50.0% r
STOLEN PROPERTY 1 2 50.0 % 1 1 100.0% 50.0% 3 ' .3 ± . •3 1
VANDALISM 35 123 124 - 8 X 4 12 26 11.4% 9.8n 21.0X Z 7 ;,r,4z', -12 15
WEAPONS OFFENSES 1 3 3 2 3 3 200.01. 100.0% 100.0% 3 sr 3s" 5
PROSTITUTIOtd
SEX CRIMES 1 8 11 - 27.3 % 1 4 5 100.0% 50.0% ,45.5% 3 ,4a 3 ;b 3
WARCOTIC1DRUGS 7 28 22 + 27.3 X 7 26 22 77.8% 42.9% 100.0%', 12 12 iS 6 32
GAMBLING ��
OFF AGNST FAMILY 2 5 3 + 66.7 % 2. 2 i 100.0% 40.0% 53.3% 1 �r la 1
DRIV UNDER INFLNC li 34 29 + 34.5 % ii 36 29 100.0% 92.3% IOC.O% 10 k ,10 ` 1 1 34
LIQUOR LARS 11 30 13 + 130.8 % 10', 25 ': 11 40.9% 83.3% 84.6X 6 16 ` 221:.' 15 53
DISORDER CONDUCT 13 48 35 + 37.1 % 3 !0 23.dX 20.8% 14.3% 1O, ''$ IOr� .a 14 22
KIDNAP 1 { # 1
TRESPASS 30 97 37 + 148.7 X 5 23 `' $ 13.2X 23.7% ." 20.5% 9 ', ,4 '; 8 23
r n it
ESCAPE
ALL OTHER 50 144 127 + 13.4 % 16 - 43 40 32.0% 24.9% 31.5X . 21 + 'r 28 " '; 19 35
THREATS 1 2 3 - 33.3 % 1 33.3% it a
CURFEW/LOITERING 2 b 7 14.3 X 4' 3 66.7% •42.9% 6 €j bx_ 14
RUNAWAY 7UV It 20 9 + 122.2 % 6 8 rl 3 . 54.5% 40.0% 33.3%,'` : 5 5 r, 7
PART II TOTAL 211 632 440 + 29.0 X 86 237 178 '. 40.8% 37.5% S 3% 23 124 �113 113 277
FART I S FART II 306 882 712 + 23.4 % 105 244 241 34.3% 33.3% 13.8% '' 34 143 ',z}g177 2 137 . 336
gy: 5
z,
� �-zr
' ASHLAND POLICE DEPARTMENT � ,y.j.,PLC1001F.
CREATED: CONSOLIDATED INCIDENT REPORT 11 ,
4/10195 15:12:58 MARCH 1995 ' 4
CLASSIFICATION a REPORTED OFFENSES k # CASES CLEARED e e CLEARENCE RATES e + NO. OF ARRESi'4ARGES +
OF OFFENSES . ACTUAL ACTUAL ACTUAL % CHANGE Y tv
THIS THIS •LAST YEAR TO THIS, THIS LAST THIS THIS LAST THIS MONTH, �YEAR TO OATS
MONTH YTD . Y,TD DATE MONTH YTD YTD MO YTD YTD JC'li ADULT: TOTAL JUV AGU_
1 ; rv:.
PART III {+ I
TRAFFIC CRIME '
HIT S RUN 9 32 32 2 7 6.3% 21.7%
RECKLESS DRI4 1 100.0 X 1 1 I 2
ELUDING. 1 I 100.0% 1 I 2
DR. WHILE SUSP 4 10 3 + 233,3 X 4 !0. 3 100.0% 100.0% .100.0% 4 4 i^
FT DISP DRY LIC
TRAFF ACC.-FATAL :' ?
TRAFF FCC.-INJURY 3 'r 12 15 20.0 % ! 1 8.31 6.7%
TRAFF ACC-PRP DAM 21 53 41 + 29.3 % i 1.9%
FISH S GAME
MARINE VIOLATIONS
ILLEGAL ALIEN
CUSTODY
WARRANTS 2 15 9 + 66.7 X 2 15 9 10010% 100.0% 100.0% 5 5 _C
MV RECVRD-OTHER 2 3 1 + 200.0 X
PROP RECVRD-OTHER 1 100.0 %
FUGITIVES 23 45 31 + 45.2 % 22 44 30 95.7% 97.87, 96.8% 14 13 24., 13 2
MISSING PERSONS 1 I 1
SUDDEN DEATH/BODY 1 2 2
SUICIDE-ATMPT 1 100.0 X
OTHER ACCIDENTS !
ANIMAL PROBLEMS 28 76 87 12.7 X
PROPERTY L/F/C 34 99 94 + 5.3 X
ABANQONED AUTO 41 _114 71 + 60.6 X
LOCATE ONLY AUTO
IMPOUND AUTO 4 12
ASSIST. RENDERED 127 342 254 + 34,6 X
DOMESTIC PROBLEMS 2 11 10 . + 10.0 %
INSECURE PREMISES 5 r. 19 18 + 5.6 X
p"
SUSP PER/CIRC 52 - 134 . 119 + 12.6 X ';"`.!
PUBLIC SAFETY 10 25 21 + 19.0 %
DISTURBANCE/NOISE 42 '; , 150 162 - 7.4 % 1 6%
+t% '
SICK CARED FOR . 12 70 55 + 27.3 %
MARINE ACTIVITIES
TRAFFIC/ROADS 53 131 91 + 44.0 %
CIVIL COMPLAINTS 9 0 26 - 34.6 % 1 3.81
VEH DISPOSITION 1
ALARMS SOUNDING
CONFIRMED 1 2 1 + 100.0 X
FALSE 7 48 62 - 22.6 %
ACCIDENTAL 2 6 2 + 200.0 %
FAULTY 1 t !
OTHEP.
SUBPOENAS
ASSLT. A6 OFFICERS 1 100.0 % 1 100.0%
OTHER MISC 153 487 27 +1711.1 X 2 4%
PART III TOTAL 649 1923 1240 + 55.1 X 28 76 53 4.3% 4.0% 4.3% It 25 36 14 78
GRAND TOTAL 7551 2905 1952 + 43.7 % 133 370 274 13.9% 13.2X ', 15.1% 45 168 213 !"151 414
• O�f ASN��
�4EG°�' April 18, 1995
c
V1 II. Brian Almquist, City Administrator
r
rum: Steven Hall, Public Works Director
,$UbjQtj. Public Hearing - Ashland Wastewater Treatment Plant
ACTION REQUESTED
None, information only.
DISCUSSION
Attached is information on a public hearing to be held on Tuesday, May 16,
1995, at the Jackson County Auditorium, 100 South Oakdale in Medford. Hearing
is in reference to Ashland's ability to meet the requirements of the Oregon
Environmental Quality Commission and Department of Environmental Quality.
The hearing is on the issue of allowing Ashland to discharge into Ashland and
Bear Creeks in accordance with the Mutual Agreement and Order approved by the
City Council.
Another item at the hearing is the non-point source management plan developed
through RVCOG. '
I plan on attending the hearing. Unfortunately, the hearing is on a regular
City Council meeting date.
The hearing before the EQC in Portland is tentatively scheduled for July 7,
1995 which I plan to attend.
cc: Gary Schrodt, Ashland Wetlands Coalition
Nancy Abelle, Ashland Clean Air Coalition
Klaas Van de Pol, League of Women Voters
Ron Roth
(c:\pw�naohcuy.mcm)
LUL APR 1. 4 1995 )
Oregon De a,7,~e,-1 of fnvironm�°n!a1 Oua/ity -._�
A9�i{i'�e-�I�d.0 i� d �.9 ����r3� 5����g�� dt C1,zYAQFASHLAND
Proposed Commission Authorization for Continued Discharges into Water of
the Bear Creek Subbasin (Rogue River Basin) with Specified Conditions
Notice Issued: April 13, 1995
Public Hearings: May 16, 1995
Written Comment Due: May 19, 1995
WHO IS AFFECTED: t
The City of Ashland, Boise Cascade Corporation, the cities of Talent, Phoenix, Central Point,
Medford and Jacksonville, Jackson County, persons engaged in agricultural activity and citizens
interested in the quality of Bear Creek and its tributaries.
WHAT IS PROPOSED:
This is not a proposal to adopt.or amend a rule, but rather a proposal related to.the implementation of
an existing rule. The proposal includes:
1. To revise the 1993 Bear Creek Nonpoint Source Management Implementation and
Compliance Schedule;
2. To authorize the City of Ashland Sewage Treatment Plant (Ashland STP) to continue the
discharge of wastewaters into Ashland Creek, a tributary to Bear Creek, with conditions; and
3. To authorize the Boise Cascade Corporation North Medford Plywood Mill (Boise) to continue
logpond discharges into Elk Creek, a tributary to Bear Creek, with conditions.
WHAT ARE THE HIGHLIGHTS:
The proposals allow the parties affected by the Bear Creek Total Maximum Daily Load (TMDLS).
requirements to continue their activities and discharges without being in violation of OAR 340-41-385,
which states that no activities or discharges may occur after December 31, 1994 that cause the
O
FOR FURTHER INFORMATION:
811 S.W.6th Avenue
Portland,OR 97204 contact the person or division identified in the public notice by calling 229-5696 in the Portland area.To avoid long
distance charges from other parts of the state,call 1.800-452-4011.
1111,86
TMDLs to be exceeded. The proposals allow additional time for the permitted sources and the
Designated Management Agencies (DMAs) for nonpoint sources to comply with the TMDL
requirements. In addition, the proposal adopts a revised Implementation and Compliance Schedule
for the DMAs and directs the point source requirements to be implemented via permits and Mutual
Agreement and Orders issues by the Department.
PUBLIC PARTICIPATION:
DEQ will hold a public hearing:
When:May 16, 1995
Where: Jackson County Auditorium
100 S. Oakdale, Medford
Time: 7:00 pm
Anyone wishing to be heard, or listen to the discussion, should arrive at the beginning of the
hearing.
Written comments must be received by 5 p.m. on May 19, 1995 at the Oregon Department of
Environmental Quality,Western Region, 201 W. Mail Street, Suite 2-D, Medford, Oregon
97501 to be included in the official record.
HOW TO GET ADDITIONAL INFORMATION:
If you would like additional information, you may contact Gary Arnold or Jon Gasik at (503)
776-6010 in DEQ's Western Region Office in Medford, or Debra Sturdevant at (503) 229-6691
in the Water Quality Division in Portland. You may also call toll free in Oregon 1-800-452-
4011. Persons with a hearing impairment can receive help by calling DEQ's TTY number at
(503) 229-6993.
The attached documents are also available for inspection between 8:00 a.m. and 5:00 p.m.,
Monday through Friday at the DEQ office in Portland and also at the DEQ regional office in
Medford. Those needing to view or copy the documents in the DEQ offices should call one of
the staff people listed in the paragraph above to make arrangements.
S1q\WC13\WC13391 . 5 - 2 -
WHAT HAPPENS NEXT:
After the conclusion of the public participation period, the permit will be issued as proposed,
issued with modifications, or denied, depending on comments received during the public
participation process. Interested parties can request to be notified of the final determination by
writing or calling the Department at the above address.
ACCOMMODATION OF DISABILITIES: (Only needed if there is a meeting or a hearing)
In order to accommodate persons with physical disabilities, please notify the Department of
any special physical or language accommodations you may need as far in advance of the
meeting date as possible. To make these arrangements, contact Ed Sale by calling toll free
within Oregon 1-800-452-4011 or (503) 229-5696. For the hearing impaired, the Department's
TTY number is (503) 229-6993.
ACCESSIBILITY INFORMATION:
This publication is available in alternate format (e.g. large print, braille) upon request. Please
contact Ed Sale in DEQ Public Affairs at (503) 229-5766.to request an alternate format.
SW\WC13\WC13391 . 5 - 3 -
_0^egon
I_.\\ IiWNNIENTAL
Memorandum+
Date: April 13, 1995
To: Interested and Affected Public
Subject: Proposed Commission Authorization for Continued Discharges into waters of
the Bear Creek subbasin (Rogue River Basin) with Specified Conditions
This memorandum contains information on a proposal by the Department of Environmental
Quality to adopt Commission Orders regarding the discharge of wastewaters by the City of
Ashland Sewage Treatment Plant (Ashland STP) and the Boise Cascade Corporation North
Medford Plywood Mill (Boise).
The proposed Commission authorization is necessary to comply with OAR 340-41-385(1).
This rule states that no discharges may occur after December 31, 1994 which will cause the
Total Maximum Daily Loads (TMDLs) to be dxceeded unless the program plan-is modified -
or unless authorized by the Commission. December 31, 1994 has passed and the TMDLs
continue to be exceeded.
In addition, the City of Ashland submitted a draft program plan to the Department in 19S9.
The program plan was approved by the Environmental Quality Commission (Commission) as
a component of the TMDL program for Bear Creek. The Ashland STP* has not met the
schedule of tasks outlined in their approved program plan. The MAO establishes a new
schedule to replace that in the approved program plan.
The Department, therefore, proposes that the Commission authorize continued discharge by
the Ashland STP under the following conditions:
1. the Ashland STP complies with all permit conditions and limits, AND
?Accommodations for disabilities are available upon request
by contacting the Public Affairs Office at (503)229-5 3 17(voice)/
(503)229-6993(TDD).
1'on Luid. OR 47204-139i
1 DD V0:1 „9-6993
ui`_t
Memo To: Interested and Affected Public
April 13, 1995
Page 2
2. the Ashland STP complies with all provisions and schedules contained in their
Mutual Agreement and Order (MAO) with the Department. The purpose of
the MAO is to achieve compliance with the Total Maximum Daily Loads
specified in OAR 340-41-385(1) in a reasonably expedient timeframe.
Boise submitted a proposed program plan on May 22, 1991 for their North Medford
Plywood Mill logpond discharge. In this plan, Boise proposed a modification of their
assigned wasteload allocations (WLAs) and'a discharge management plan which would meet
the modified WLAs. The Department never formally responded to Boise's submittal and the
program plan was never approved or rejected by the Commission. Boise is currently
operating in compliance with the proposed discharge management plan and with their current
permit.
The Department, therefore,proposes that the Commission authorize continued discharge by
Boise under the following conditions:
1. Boise complies with all limits and conditions in their existing permit or their
renewed permit when that permit becomes effective; OR, -if necessary,
2. Boise enters into a Mutual Agreement and Order (MAO) with the Department,
complies with all the limits and conditions of their renewed permit as modified
by the MOA, and complies with all provisions and schedules within.the MAO.
The MAO will set out a schedule for obtaining compliance with the WLAs.
What's in this Package?
Attachments to this memorandum provide details on the proposal as follows:
Attachment A Proposed Commission Order Regarding the City of Ashland
STP
Attachment B Proposed Commission Order Regarding the Boise Cascade
Corporation North Medford Plywood Mill
Attachment C The Mutual Agreement and Order for the Ashland STP.
Attachment D Questions on Potential Justification for Differing from Federal
Requirements
Attachment E Oregon Administrative Rule 340-441-385
Memo To: Interested and Affected Public
April 13, 1995
Page 3
Hearing Process Details
You are invited to review these materials and present written or oral comment in accordance
with the following:
Date: May 16, 1995
Time: 7:00 pm
Place: Jackson County Auditorium, 100 S. Oakdale, Medford, OR
Deadline for submittal of Written Comments: May 19, 1995, 5:00 pm
Jonathan Gasik will be the Presiding Officer at this hearing. Following close of the public
comment period, the Presiding Officer will prepare a report which summarizes the oral
testimony presented and identifies written comments submitted. The Environmental Quality
Commission (EQC) will receive a copy of the Presiding Officer's report and all written
comments submitted. The public hearing will be tape recorded, but the tape will not be
transcribed.
If you wish to be kept advised of this proceeding and receive a copy of the recommendation
that is presented to the EQC for adoption, you should request that your name be placed on
the mailing list for this rulemaking proposal.
What Happens After the Public Comment Period Closes
The Department will review and evaluate comments received, and prepare responses. Final
recommendations will then be prepared, and scheduled for consideration by the
Environmental Quality Commission (EQC).
The EQC will consider the Department's recommendation for rule adoption during one of
their regularly scheduled public meetings. The targeted meeting date for consideration of
this rulemaking proposal is July 7, 1995. This date may be delayed if needed to provide
additional time for evaluation and response to testimony received in the hearing process.
You will be notified of the time and place for final EQC action if you present oral testimony
at the hearing or submit written comment during the comment period or ask to be notified of
the proposed final action on this rulemaking proposal.
The EQC expects testimony and comment on proposed rules to be presented during the
hearing process so that full consideration by the Department may occur before a final
recommendation is made. The EQC may elect to receive comment during the meeting where
the rule is considered for adoption; however, such comment will be limited to the effect of
Memo To: Interested and Affected Public
April 13, 1995
Page 4
changes made by the Department after the public comment period in response to testimony
received. The EQC strongly encourages people with concerns regarding the proposed rule to
• .communicate those concerns to the Department at the earliest possible date so that an effort
may be made to understand the issues and develop options for resolution where possible.
Background on Development of the Proposed Implementation and
Compliance Schedule
What is the problem
The purpose of the Bear Creek TMDLs, program plans and the MAO is to reduce pollution
loads to Bear Creek and its tributaries in order to achieve water quality standards and protect
the beneficial uses of the stream. Water quality standards for dissolved oxygen, pH,
ammonia and fecal bacteria have been exceeded. In addition, temperature and soil erosion
are water quality concerns. The beneficial uses of the stream include fish and aquatic life,
water contact recreation, irritation and others.
The problem is that the TMDL rule for the Bear Creek Basin (OAR 340-41-385) prohibits
activities or discharges after December 31, 1994 that cause the TMDLs to be exceeded
unless the program plan is modified or unless so authorized by the Commission. This
proposal requests that Commission authorization.
How does this proposal help solve the problem
The proposed authorization solves the immediate problem by allowing wastewater discharte
to continue after December 31, 1994 without violating OAR 340-41-385. Although the
TMDLs are not yet being achieved, the rule allows activities to continue if so authorized by
the Commission. In addition, this proposal provides additional time for completing tasks
identified in the approved program plan.
The proposed authorization to continue discharging is"conditional. In the case of Ashland
STP, the schedule in the MAO replaces the program plan schedule. In the case of Boise, the
Department will review the program plan and Boise's request to modify their WLA. Then
the Department will renew Boise's permit and, if necessary, issue an MAO.
How are MAOs developed
MAOs are developed by cooperation between DEQ regional staff and the permitted facilities.
Memo To: Interested and Affected Public
April 13, 1995
Page 5
How does it affect the public regulated community, other agencies
The proposed authorization and the revised schedules contained in the MAO will provide the
Ashland STP and Boise additional time to comply with the tasks outline in their program
plans and with their WLAs. This will make it easier for the regulated community to comply
with the requirements and avoid enforcement actions.
The action may delay compliance with the TMDL and water quality standards, prolonging
the time during which beneficial uses may be at risk due to poor water quality.
How does the proposal relate to federal requirements or adjacent state requirements
Total Maximum Daily Loads (TMDLs) and water quality standards are requirements of the
federal Clean Water Act. The DEQ administers the Clean Water Act in Oregon on behalf of
and in cooperation with the US Environmental Protection Agency. MAOs are a mechanism
for implementing the TMDLs and obtaining compliance with permit limits and conditions and
with water quality standards.
How will the proposal be implemented
The proposal is for authorization, with conditions, to continue discharges of wastewater after
December 31, 1994 that cause the TMDLs to be exceeded. The conditions will be
implemented through permits and MAOs. The permits and MAOs are implementation tool to
ensure compliance with assigned wasteload allocations (WI-As). The MAO contains tasks
and a schedule for implementation by the permitted facilities. DEQ staff in our Western
Region will work with the permitted facilities to ensure that acceptable progress is being
made and to provide technical assistance. In addition, the region staff will recommend when
enforcement action is warranted.
Are there time constraints
There are no time constraints specified in federal law or state statute. The only time
constraints are the December 31, 1994 deadline in the rule (OAR 340-41-385) and the
schedule in the approved program plan, all of which have passed.
Contact for more information
If you would like more information on this rulemaking proposal, or would like to be added
to the mailing list, please contact:
Memo To: Interested and Affected Public
April 13, 1995
Page 6
Debra Sturdevant or Jon Gasik
ODEQ ODEQ, Western Region
811 SW 6th Ave. 201 W Main Street, Suite 2-D
Portland, OR 97204 Medford, OR 97501
(503) 229-6691 (503) 776-6010
Before the Environmental Quality Commission
of the State of Oregon
In the Matter of National Pollutant )
Discharge Elimination System Waste ) ORDER ALLOWING
Discharge Permit No. 100862 issued ) CONTINUED DISCHARGE
to the City of Ashland on ) INTO BEAR CREEK
March 6, 1992 )
The Department of Environmental Quality has requested that the City of Ashland be allowed to continue
discharges of wastewater from its sewage treatment facility into Ashland Creek which exceed their Waste Load
Allocations (WLAs) and the standards specified in OAR 340-41-385 (1), provided that:
1. the discharge meets all permit limitations and conditions as modified by the Mutual Agreement and
Order (MAO), AND that
2. the City complies with all provisions and schedules in the MAO.
FINDINGS
1. City of Ashland owns and operates a municipal wastewater treatment plant in Jackson County. The
treatment plant discharges into Ashland Creek about 1/4 mile upstream from the confluence with Bear
Creek.
2. In 1989 the Environmental Quality Commission promulgated OAR 340-41-385 which set water quality
standards within the Bear Creek subbasin and set a deadline of December 31, 1994 to meet these
standards. The standards included Total Maximum Daily Load (TMDL) waste load allocations and
required the City of Ashland to submit a program plan describing how and when they will modify their
plant and/or operations to comply with these rules.
3. On September 21, 1990, the Environmental Quality Commission conditionally approved the proposed
program plan submitted by the City of Ashland. This plan outlined a plan that would bring the City
of Ashland into compliance by December 1996. Part of the approval was a requirement that a final
facilities plan report be due on September 1, 1991.
4. . On February 7, 1992, Stipulation and Final Order (SFO) number WQ-SWR-91-202 was issued to the
City of Ashland because they could not meet the permit limitation for chlorine residual discharge. This
Attachment A, Page 1
SFO also included the requirement that by September 1, 1992, the Permittee shall submit a complete
facilities plan report for providing upgraded and expanded wastewater control as needed to:
(a) meet the TMDL for Bear Creek
(b) assure that any toxic impact of the Permittee's discharge of chlorine residual or any other
toxic substance complies with OAR 340-41-965(2)(p) for toxic substances and OAR 340-41-
965(4) for mixing zones; and,
(c) comply with state and federal sewage sludge management requirements.
5. Several extensions were granted through addenda to the SFO.
6. On February 6, 1995, because the City of Ashland could not meet the requirements of OAR 340-41-385
and the permit limitations on chlorine residual discharge, Mutual Agreement and Order (MAO) No.
WQMW-WR-94-325 was issued to the City of Ashland. This MAO requires that the City of Ashland
submit a final facilities plan by October 1, 1995 and commence with a Department approved schedule
to upgrade the facilities.
ORDER
The request by the Department of Environmental Quality to allow the City of Ashland to continue discharges
of wastewater from its sewage treatment facility into Ashland Creek which exceed the Waste Load Allocations
(WLAs) and standards specified in OAR 340-41-385 (1), provided that:
1. the discharge meets all permit limitations and conditions as modified by the Mutual Agreement and
Order (MAO), AND that
2. the City complies with all provisions and schedules in the MAO,
is hereby granted.
Dated this day of
On behalf of the Commission
---------------------------
Lydia Taylor, Director
Department of Environmental Quality
Attachment A, Page 2
BEFORE THE E`ttiTROIN-MENTAL QUALITY COMMISSION
2 OF THE STATE OF OREGON
3 IN TIE MATTER OF: ) MUTUAL AGREEMENT
City of Ashland, ) AND ORDER
4 ) No. WQMW-WR-94-325
Permittee, ) JACKSON COU`NTY
5 )
6 WHEREAS:
7 1. On March 6, 1992,rhe Department of Environmental Quality (Department or
8 DEQ) issued National Pollutant Discharge Elimination System (NPDES) Permit Number
9 100862 (Permit) to City of Ashland (Permittee). The Permit authorizes the Permittee to
10 construct, install, modify or operate a wastewater collection, treatment, control and disposal
11 system and discharge to public waters adequately treated wastewaters only from the
12 authorized discharge poi—"t or poi^ts established in Schedule A and only in conformance with
J3 the requirements, limitations and conditions set forth in the Permit. The expiration date on
74 the permit is December 31, 1994. The Permittee has made a timely application for renewal
15 of the Permit. Pursuant to OAR 340-45-040, the Permit shall not be deemed to expire until
16 final action has been taken on the renewal application to issue or deny the permit.
17 2. Prior to the issuance of the Permit, the Environmental Qualiry Commission
18 ; (Commission) promulgated OAR 340-41-385 which set water quality standards within the
19 ! Bear Creek subbasin and set a deadline of December 31, 1994 to meet these standards.
20 These standards included Total Maximum Daily Load ( MDL) waste load allocations. By
21 letter dated October 11, 1991, Permittee requested the extension of this date to December 31,
22 1995. DEQ did not giant this extension.
23 3. Paragraph 2.a of Schedule C of the Permit requires that by no later than
24 September 1, 1992, the Permince shall submit to the Department a final facilities plan report
25 (FPR) for providing upgraded and expanded wastewater treatment facilities as needed to meet
TNML allocations, to comply with Oregon's water quality standard: for chlorine residual and
27
PAGE I - MUTUAL AGREEMENT AND ORDER (CASE YO. WQMW-WR-94-325)
28 (ENF•AER_MAO 8-29-94)
1 i irnmonia-nitrogen, and to comply with state and federal sewage sludge management
I
21 requirements.
3 4. Stipulation and Final Order No. WQ-SWR-91-202 (SFO) was issued by the
4 Commission to Permittee on February 7, 1992.
5 5. Paragraph 10A of the SFO requires that by September 1, 1992, the Permit ee
6 shall submit a complete facilities plan report for providing upgraded and expanded
7 wastewater control as needed to:
8 (a) meet the TMDL for Bear Creek
9 i (b) assure that any toxic impact of the Permittee's discharge of chlorine residual
10 or any other toxic substance complies with OAR 340-41-965(2)(p) for toxic substances and
11 OAR 340—:1-965(4) for mixing zones; and,
12 (c) comply with state and federal sewage sludge management requirements.
13 6. On September 10, 1992, at the request of the Perminee, the Department issued
14 SFO addendum 1 which extended the compliance date to January 1, 1993. This extension
15 was granted to allow the Perminee time to completely evaluate the aitetvadve of an
ra
16 the proem treatmertt plant and connecting to the Medford wastewater treatment plant through
17 Bear Creek Sanitary Authority r-aasmission facilities.
18 ! 7. On December 29, 1992, again at the request of the Permittee, the Department
19 ! issued SFO addendum 2 which extended the compliance date to July l; 1993. This extension
20 i was zra ed to allow the Permirtee time to completely evaluate the alternative of using a
21 constructed wetland to produce an effluent that could be delivered to the Talent Irrigation
22 District (TED) in exchange for leaving flows in Bear Creek which during summer months
23 would otherwise be diverted to the TID canal.
24 8. On June 11, 1993, again at the request of the Permiaze, Fred Hansen, the
25 Director of the Department of Environmental Quality (Director) at that time, issued a letter
26 which extended the compliance date to July 30, 1993.
27
PAGE 2 - MUrUAL AGREEMENT AND ORDER (CASE NO. WQMW-WR-94-325)
78 (ENF-PER.MAO 8-29-94)
1 , 9. On August 31, 1993, the Director sent Perminee a letter which stated -1 do not
2 intend to enforce the July 31, 1993 date for submittal of a facilities plan. 1•,do expect to
3 renegotiate the compliance schedule in the SFO at some time in the future, however."
4 , 10. Because of pe.—, ittee's lack of a faciliti es plan and a constructed facility,
5 Permirtee is currently unable to comply with the Permit limitation for chlorine residual.
6 ! 11. Also because of Permirtee's lack of a facilities plan and a constructed facility,
7 ' Permittee will be unable to comply with the TMDL discharge limitations referred to in
8 ! Paragraph 2 by the December 31, 1994 deadline.
9 12. The Department and Permittee recognize that unto Perminee completes the
10 i actions required by this Mutual Agreement and Order (IvLAO), Permittee will violate the
11 Permit and Oregon law. Therefore, punstiant to ORS 183.415(5), the Department and
12 ! Permit-= wish to se'Je ::cse cast violations referred to in Paragraphs 3 through 10 and to
13 limit and resolve the future violation. referred to in Paragraph 11 in advance by this ?.LAO.
�14 ' 13 This MAO is not intended to limit, in any way, the Department's right to .
15 proceed against Permiaee in any forum for any past or future violations not expressly sealed
16 herein.
17 NOW THIREFORE, it is stipulated and agreed that:
18 14. The Environmeatal Quality Commission shall issue a final order which will
19 replace SFO WQ-SWR-91=02 and all addendums:
20 A. Requiring Permirtee to comply with the following schedule:
21 (1) By August 1, 1995, the Perminee shall select a preferred option .
22 for modifying the wastewater treatment facilities.
23 (2) By October 1, 1995, based on the selected option, the Permittee
24 shall submit for Department approval a complete facilities plan which will:
25 (a) meet the TMDL for Bear Creek;
026 (b) assure that any toxic impact of the Permince's discharge of chlorine
27
PAGE 3 - MUTUAL AGREEMENT AND ORDER (CASE N0. WQMW-WR-94-325)
28 (am-PER-MAO 8-29-94)
I I residual or any other toxic subs=ces complies with OAR 340-41-965(2)(p) for toxic
2 substances and OAR 340-41-965(4) for mixing zones and;
3 (c) contain a proposed schedule for completing facilities modifications
4 : and/or upgrades.
5 ' B. Requiring Permittee to, upon Department approval, commence with the
6 , agreed upon plan referred to in Paragraph 14(A)(2) above amd complete construction of the
7 facilities in compliance with the agreed upon schedule referred to in Paragraph 14(A)(2)(c)
8 above.
9 C. Requiring Pe,=ttee to meet the following interim waste disc.arge
10 lhilitations for daily median chlorine residual concentration until Permittee completes
11 construction of the facilities required by this MAO:
12 The chlorine residual conc--atration shall not exceed a daily median of 0.5 m7/1.
li D. Requiring Pe:miaee, upon receipt of a written notice from the Depar=eat
14 for any violations of this ivfAO, to pay a civil penalty of $100 for each day of each violation
15 of Paragraph 14.C. and $250 for each day of each violation of the schedule of compliance set
16 forth in Paragraph 14.A. and 14.B.
17 15. If any event occurs that is beyond Permiaee's reasonable control and that causes
18 : or may cause a delay or deviation in performance of the requiremenu of this ?vLAO,
19 Permittee shall immediately notify the Department verbally of the cause of delay or deviation
20 and its anticipated duration, the measures that have been or will be taken to prevent or
21 minimise the delay or deviation, and the timetable by which Perminee proposes to carry out
2 such measures. Permittee shall confirm in writing this information within,five (5) working
23 days of the onset of the event- It is Perminee's respoasibiliry in the written notification to
24 demonstrate to the Deparmsem's satisfaction that the delay or deviation has been or will be
25 caused by circums-tances beyond the control and despite due diligence of Permittee. If
26 Permittee so demonstrates, the Department shall extend times of performance of related
27
PAGE 4 - MUTUAL AGR -F-M Nr AND ORDER (CASE NO. WQMW-WR-94-325) .
28 (ENF-PER—MAO 8-29-94)
activities under this MAO as aopropriate. Circumstances or events beyond Perminee's
2 control include, but are not limited to acts.of nature, strikes, work stoppages:or other labor
3 difficulties experienced by the contractor, shortage or failure of supply of materials, labor,
4 i fuel, power, equipment, supoiies or transportation-to the contractor, fires or-other casualty,
5 ! explosion, riot, sabotage, or war. Increased cost of performance or consultant's failure to
6 provide timely reports may nor be considered circumstances beyond Permirtee's control.
7 16. Regarding the violations set forth in Paragraphs 3 through 11 above, which are
8 expressly settled herein without penalty, Permittee and the Department hereby waive any and =
9 all of their rights to any and all notices, hearing, judicial review, and to service of a copy of
10 the final MAO herein. The Department reserves the right to enforce this MAO through
11 appropriate administrative and judicial proceedings.
12 ! 1—/. The terms of :his yLAO may be amended by the mutual agreement of the
3 I Department and Permittee.
18. This MAO shall be binding on the parties and their respective successors,
15 agents, and assigns. The undersigned representative of each parry certifies that he or she is
16 fully authorized to execute and bind such parry to this MAO. No change in oiir rsliip or
17 corporate or partnership scams relating to the facliry shall in any way aiter Perminee's
18 obligations under this '.vL40, unless otherwise approved in writing by DEQ.
19 19. All reports, notices and other communications required under or relating to this
20 MAO should be directed to Mr. Jonathan Gasik• DEQ Medford Office, 201 W. Main Street,
21 Medford, Oregon 97501; phone number (503) 776-6010 x230. The contact person for
22 Permittee shall be Mr. Steven M. Hall, Public Works Director, City Hall, Ashland, Oregon
23 97520.
24 20. Petmittee acknowledges that it.has actual notice of the contents and requirements
25 of the MAO and that failure to fulfill any of the requirements hereof would constitute a
violation of this MAO and subject Permittee to payment of civil penalties punu= to
27
PAGE 5 - MUTiJAL AGREEMENT AND ORDER (CASE NO. WQMW-wR-94-325)
28 (ENF-PERMAO 8-29-94)
I Paragraph 14.D. above.
2 21. Any stipulated civil penalty imposed pursuant to Paragraph 14.D. shall be due
3 • upon written demand. Stipulated civil penalties shall be paid by check or money order made
4 j payable to the "Oregon State Treasurer" and sent to: $usiness Office, Department of
5 Environmental Quality, 811 S.W. Sixth Avenue, Portland, Oregon 97204. Within 21 days
6 j of receipt of a "Demand for Payment of Stipulated Civil Penalty" Notice from the
7 Department, Permitter may request a hearing to contest the Demand Notice. If Permit's
8 contests the Demand Notice, the stipulated civil penalties shall not be due until a Final Order
9 is issued. At any such hearing, the issue shall be Limited to Perraittee's compliance or non-
10 comoEance with this 1Lk0. The amount of each stipulated evil penalty for each violation
11 and/or day of violation is established in advance by this NLAO and shall not be a contestab'.e
i
12 issue.
13 22. Providing Pe.rmda r has paid in foil all stipulated civil penalties pursuant to
14 Paragraph 21 above, this MAO shall terminate 60 days after Permitter demonstrates full
15 compliance with the requirements of the schedule set forth in Paragraph 14.A and 14.B.
16 above.
17
18
19
20
21
22
23
24
25
26
27 PAGE 6 - MUTUAL AGREE MNt AND ORDER (CASE NO. WQMW-WR-94-37-5)
(ENF-PE-R.MAO 5-29-94)
^o
1 CITY OF ASHLAND
3 '
Date Steven M. Hall, P.E.
D
4 Public Works Director, City of Ashland
5
6
7 DEPARTNMN1T OF EN vIRONMENTAL QUALITY
8
9 -Lyoia Taylor, Ac[in� Dir—tnr
10 Date
11
12 FINAL ORDER
` 3
14 IT IS SO ORDERED:
15
ENVIRONMENTAL QUALITY COMMISSION
16i
17 '
18
Date Lydia Taylor, ?.can; Duecmr
Department of Environmental Quality
19 . Pursuant to OAR 340-11-136(1)
20
21
22 `
23
24
26
27 PAGE 7 - IIN p�AGGR`8-29-94)
AND ORDER (CASE NO. WQMW-WR-94
28
C
Questions to be Answered to Reveal
Potential Justification for Differing from Federal Requirements.
NOTE: The proposed Commission authorization is necessary due to a state rule and does
not have a comparable federal regulation for comparison of stringency. Rather, it is a tool
for implementing and achieving specific state rules adopted under federal requirements
within the Clean Water Act. The questions are answered to the best of our ability given that
they are not directly applicable to the proposal.
1. Are there federal requirements that are applicable to this situation? If so, exactly what are they?
The current proposal related to implementing a state TMDL and pertains to tools for
ensuring that water quality standards and Total Maximum Daily Loads established for the
basin are achieved. Water quality standards and total maximum daily loads are required
under the federal Clean Water Act section 303 and EPA's Water Quality Planning and
Management Regulation in 40 CFR Part 130.
2. Are the applicable federal requirements performance based, technology based, or both with the most
stringent controlling?
The total maximum daily loads (TMDLs) requirements are performance, based. In fact,
TMDLs are used when the technology based standards alone are found to be insufficient to
meet water quality standards in stream.
3. Do the applicable federal requirements specifically address the issues that are of concern in
Oregon? Was data or information that would reasonably reflect Oregon's concern and situation
considered in the federal process that established the federal requirements?
The federal rules are procedural rules. They require the states to establish water quality
standards and TMDLs, but leave it up to the State to establish the standards and TMDLs
appropriate for our state and for specific basins or waterbodies within the state. TMDLs
are always established for a particular waterbody, river segment or basin.
t. Will the proposed requirement improve the ability of the regulated community to comply in a more
cost effective way by clarifying confusing or potentially conflicting requirements (within or cross-
media), increasing certainty, or preventing or reducing the need for costly retrofit to meet more
stringent requirements later?
Attachment D, Page 1
The proposal will provide additional time for the regulated parties to meet their obligations
under the TMDL rule. It should also reaffirm what is required of them.
Is there a timing issue which might justify changing the time frame for implementation of federal
requirements?
There is no federal timeline in rule for TMDL implementation.
i. Will the proposed requirement assist in establishing and maintaining a reasonable margin for
accommodation of uncertainty and future growth?
Most TMDLs include a reserve allocation for future growth and development. The specific
proposal for authorization to continue wastewater discharges with conditions addresses only
current point sources contributing to current violations of water quality standards.
�. Does the proposed requirement establish or maintain reasonable equity in the requirements for
various sources? (level the playing field)
The responsibilities vary according to the estimated level of contribution and the
jurisdictional responsibilities 'of the various sources. The proposal maintains reasonable
equity in the sense that all contributors are asked to do their part to reduce pollutant loads,
including permitted point sources and nonpoint sources, rather than requiring all the clean
up by a few permitted sources.
3. Would others face increased costs if a more stringent rule is not enacted?
If any particular source is not required to reduce their loads to Bear Creek, the other
sources in the basin may be subject to further load reduction requirements and increased
costs in order to ensure that the TMDLs and water quality standards are achieved.
�. Does the proposed requirement include procedural requirements, reporting or monitoring
requirements that are different from applicable federal requirements? If so, Why? What is the
compelling reason"for different procedural, reporting or monitoring requirements?
The proposed schedule amendments do not require procedures that are different from federal
regulations. They require more specific procedures necessary to implement and achieve
federal requirements.
Attachment D, Page 2
P'
10. 1s demonstrated technology available to comply with the proposed requirement?
Yes.
11. Will the proposed requirement contribute to the prevention of pollution or address a potential
problem and represent a more cost effective environmental gain?
The TMDL requirements address a current existing problem, not a "potential" problem.
They will, however, also contribute to the prevention of pollution.
r
Attachment D, Page 3
OREGON ADMINISTRATIVE RULES
CHAPTER 340, DIVISION 41 — DEPARTMENT OF ENV1RONMIENTAL QUALITY
(d) Industrial coaling waters containing (3) Before October 21, 1989, the City of Ashland
siggnificant heat loads shall be subjected to shall submit to the Department a program plan and
offstream cooling or heat recovery prior to time schedule describiing how and when they will ;
discharge to public waters; modify their sewerage facility to comply with this
(e) Positive protection shall be provided to rule and all other applicable rules regulating waste
prevent bypassing of raw-or inadequately treated discha gBefore May 25 1991, the industries
industrial wastes to any public waters;
(f) Facilities shall be provided to prevent and permitted for log pond discharge, Boise Cascade
contain spills of potentially toxic or hazardous Corporation, Rngap Manufacturing C°mPany d
materials and a positive program for containment Medford Corporation shall submit proghram lans to
and cleanup of such spills should they occur shall the Department y describing comply with en thisyrule
be developed and maintained. and all other applicable rules regulating waste
SUL Auth.: ORS Ch.468 discharge;
Hist.: DEQ 128,t. &cf. 1-21-77 (5) Before June 1, 1992, Jackson County and
the incorporated cities within the Bear Creek
Special Policies and Guidelines subbasin shall submit to the Department a
34041-385 In order to improve water quality program plan for controlling urban runoff within
within the Bear Creek subbasin to meet a ins their respective jurisdictions to comply with these
water quality standards for dissolved oxygen dd
ppH the following special rules for total maximum (6) Before June 1, 1992, the Departments of
daily loads, waste load allocations, load allocations, Forestry d �collans for achieving ispec fled
and pprogram plans are established. P program P
(1) After the completion of wastewater control load allocations of state and private forest lands
facilities and program plans approved by the and agricultural lands respectively;
Commission under this rule and no later than (7) Program pplans shall be reviewed and
December 31, 1994, unless otherwise modified by approved by the Commission. All proposed Final
program plans no activities shall be allowed and no program plans shall be subject to public comment
wastewater shall be discharged to Bear Creek or its and hearing prior to consideration for approval by
tributaries without the authorization of the the Commission.
Commission that cause the following parameters to Stat.Auth.: ORS 468.'10&468.735
be exceeded in Bear Creek: —
Hist.: DEQ 17.1989, f. & cert. ef. 7-31-89; DEQ 40-:_990. C.
Low-Flow Season &cert.cf. 11.15-90
Approximately
ltay 1 through November 30' Willamette Basin
Instna ,Five-Day
Ammonia Nitrogen Biochemical Orygen �t�l(Pm�lphorw Beneficial 340-41-442 Water Water gabeyin the Willamette
Nitrogen as N(mg/1) (Demand(mgrl)11 ) River Basin (see Figures 1 and 7) shall be
0.'-5 3.0 0.08 managed to protect the recognized beneficial uses
as indtcated in Table 6.
High Flow Season
Approximately oat. A DEQ ORS Ch. f. 1
December f through April 30' His[.: DEQ 128,f.&cf. 1.21-77
[¢s-ream Five-Day
Ammonia Nitrogen Biochemical Orsgen Water Quality Standards Not to be Exceeded 468.735 and
Nitrogen"IN(mg/1) Demand(tngil)2 Enforceable Pursuant to ORS 468. 20, 468.90
Lo 2.5 and 468.992)
340-41•445 (1) Notwithstanding the water
'As measured at the Valley View Road Sampiing Site. For the quality standards contained below, the highest and
purposes of waste load allocations, the biochemical oxygen best practicable treatment and/or control of wastes,
demand is calculated as the ammonia co¢«nt_-aco¢ multiplied activities, and flows shall in every case be prodded
by 4.35 and added to the measured effluent biochemical orvgen water quality tat the highest possible levels e and
demand. water temperatures, cohform bacteria concen-
2Median value as measured at the Kirtland Road sampling site. p toxic
-
'Precise dates for complying with this rule may be conditioned tiatlORS, dissolved chemical substances,
on physical conditions, such as now and temperature, of the materials, radioactivity, turbich es, color, odor, and
xe«iving stream and shall be specified in individual permits or other deleterious factors at the lowest possible
memorandums of understanding issued by the Department levels.
(2) No wastes shall be discharged and no
(2) The Department shall before September 30, activities shall be conducted which either alone or
1990 distribute initial waste load and. load in combination with other wastes or activities will
allocations to point and nonpoint sources n the cause violation of the following standards in the
basin. These loads are interim and may be waters of the Willamgetttne River Basin:
redistributed upon conclusion of the approved (a) Dissolved
Mult Multnomah Channel and main stem
program plans;
28 - Div. 41 .
(Mny, 1994) ATTACHMENT E
I; ,
Secretar of State s r ` `
y Audits Divisia&--_i
A uditing for a/letter Oregon -----
April 17, 1995
City of Ashland
Members of the City Council
20 E Main Street.
Ashland, Oregon 97520
Congratulations to your municipal corporation on receiving the Government
Finance Officers Association Certificate of Achievement for Excellence in Financial
Reporting. This is a significant accomplishment that has helped raise the quality of
financial reporting statewide. We believe it is especially noteworthy that 92 Oregon
municipal corporations received this prestigious award in 1994, which is a total number
of awards exceeded by only five other states.
We would like you to know that quality annual reports such as yours are a
valuable resource to our office in administering Municipal Audit Law. Again, let us offer
our congratulations to you and your staff for ajob well done.
Sincerely,
OREGON AUDITS DIVISION
Don Waggon A
State Auditor
DW:bfs
255 Capitol Street NE• Suite 500• Salem.Oregon 97310•(503)986-2255• FAX(503)378-6767
o`;ofaai�4y �jEmor � n � ixm
REGO
r April 25, 1995
�ll1l. Mayor and City Council
r
ram: Jill Turner, Director of Finance
�1Y�Ij8Lf: Financial Report for March 31, 1995
We have compiled the accoaq:)anying City of Ashland financial statements for the
nine months ended March 31, 1995. The financial statements are the
representations of management and have not been audited or reviewed. The
statements do not include the Hospital or Parks and Recreation Commission
reports which were released to their respective boards and commissions.
Unaudited, detailed Balance Sheets, Expenditure, and Revenues reports are
available for review in the Finance Office.
Budgetary Compliance
Pages 1 through 19 are the Statement of Resources and Expenditures for the nine
months ended March 31, 1995. The statements are prepared on the budgetary
basis of accounting. The expenditures are listed in the same classifications
as the adopted budget, therefore showing budgetary compliance. Budgetary non-
compliance is of more concern as the City approaches year end. Minor changes
to the Budget are approved by a resolution transferring budget appropriations,
major changes are called supplemental appropriations and are advertised in the
paper prior to a council public hearing and adoption. A transfer of
appropriations resolution is listed separately on the agenda. Next meeting a
public hearing and supplemental budget are scheduled.
General Fund The General Fund is expected to break even this year, unlike
last year which gained $188,000. Resources are at 83.37% of budget, compared
with 85.78% in the previous year. Expenditures are at 70.22%, compared with
69.15% at this time last year. The fund balance is $59,000 less than this time
last year.
Cemetery Fund The Cemetery Fund carryover into 1995-96 is expected to
increase $10,000 over the present year. The fund will exceed the target fund
balance of 20%.
Street Fund The Street Fund balance carryover is higher than at this time
last year. It is expected to decrease the last quarter of the year with the
construction of Fordyce-Wightman storm drain.
.Airport Fund The Airport Fund is breaking even this year. Costs for
maintenance continue to exceed expectations.
Water Fund The sales revenues are 16% above this time last year.
This is due to the very dry summer and the recent increases in
rates.
Sewer Fund The long term financial plan for the Sewer Fund is to
increase rates 15% each year for several years. Prepared Food and
Beverage Tax revenues and sewer rates exceed current operations.
The Sewer Fund balance has increased $1, 078, 000 over March 30 of
last year.
Electric Fund This fund is breaking even. During the budget
process staff estimated that this fund would gain about $200, 000
this fiscal year. With the warm winter, this gain will not
materialize. The fund balance is equivalent to the balance this
time last year.
Cash and Investments Page 20 is a listing of cash and investments
by type and holder of the investment. Page 21 is a listing of cash
and investments by fund.
The cash and 14
investment graph at
theright 12 ....................................... ...................................... . ............
represents the
unreservedCity 10 .......... ............................ .................................... ............
cash. It does not
include the 8 ....................................
Hospital, Parks and °o Q $
Recreation, Water a
Bond proceeds, or
Ski Ashland trust
o
4 3
monies. The City
is in better --
2 ......... tr . .. .. ;...
financial health as r
it prepares for new
demands, such as 0 4-89^ 3-90 3-91 3-92 393` 3-94 395'
the wastewater Date
treatment plant.
Gdjiff*pie 6Agfs r.95
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the nine months ended March 31, 1995
GENERAL FUND
BUDGET ACTUAL VARIANCE 8
RESOURCES
Working Capital Carryover 616,500 743,449 -126,949 120.598
---------- ----------- ----------
Taxes 4,431,600 3,677,263 754,337 82.988
Licenses and Permits 294,500 240,176 54,324 81.558
Intergovernmental Revenue 405,000 285,483 119,517 70.498
Charges for Services 224,600 .156,790 67,810 69.818
Fines and Forfeitures 203,900 117,371 . 86,529 57.568
Interest on Investments 15,000 -27,589 42,589 -183,938
Miscellaneous Revenues 67,900 50,289 17,611 70.128
Operating Transfers In 30,000 0 30,000 .008
---------- ----------- ----------
TOTAL 6,289,000 5,243,232 1,045,768 83.378
EXPENDITURES
Human Resources 74,000 57,795 16,205 78.108
Economic Development 220,000 171,535 48,465 77.978
Miscellaneous 71,900 53,780 18,120 74.808
Debt Service 98,000 96,603 1,397 98.578
Operating Transfers Out 63,000 47,250 15,750 75.008
Operating Contingency 173,100 0 173,100 .008
Police 2,143,000 1,622,373 520,627 75.718
Municipal Court 174,000 115,904 58,096 66.618
Communications 435,000 225,435 209,565 51.828
Fire 1,852,000 1,336,425 515,575 72.168
Senior Program 137,000 92,894 44, 106 67.818
Planning Division 408,000 293,465 114,535 71.938
Building Division 290,000 197,074 92,926 67.968
---------- ----------- ----------
TOTAL EXPENDITURES 6,139,000 4,310,533 1,828,467 70.228
---------- ----------- ----------
ENDING FUND BALANCE 150,000 932,699 -792,699
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the nine months ended March 31, 1995
CEMETERY FUND
BUDGET ACTUAL VARIANCE 8
RESOURCES
Working Capital Carryover 85,000 88,581 -3,581 104.218
---------- ----------- ----------
Taxes 167,500 155, 195 12,305 92.658
Charges for Services 50,900 28,083 22,817 55.178
Interest on Investments 2,100 2,581 -481 122.908
Miscellaneous Revenues 0 150 -150 .008
Operating Transfers In 31,000 16,799 14,201 54.198
---------- ----------- ----------
TOTAL 336,500 291,389 45,111 86.598
EXPENDITURES
Personal Services 93,000 63,179 29,821 67.938
Materials and Services 118,000 90,915 27,085 77.058
Capital Outlay 17,500 9,384 8,116 53.628
Debt Service 3,500 454 3,046 12.978
Operating Transfers Out 500 500 0 100.008
Operating Contingency 15,000 0 15,000 .008
---------- ----------- ----------
TOTAL 247,500 164,432 83,068 66.448
---------- ----------- ----------
TOTAL EXPENDITURES 247,500 164,432 83,068 66.448
---------- ----------- ----------
ENDING FUND BALANCE 89,000 126,957 -37,957
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the nine months ended March 31, 1995
BAND FUND
BUDGET ACTUAL VARIANCE %
RESOURCES
Working Capital Carryover 39,600 43,950 -4,350 110.988
---------- ----------- ----------
Taxes 58,400 54,130 4,270 92.698
Interest on Investments 1,000 1,211 -211 121.108
Miscellaneous Revenues 0 467 -467 .008
---------- ----------- ----------
TOTAL 99,000 99,758 -758 100.778
EXPENDITURES
Personal Services 5,000 2,916 2,084 58.328
Materials and Services 42,700 28,725 13,975 67.278
Operating Contingency 2,000 0 2,000 .008
---------- ----------- ----------
TOTAL 49,700 31,641 18,059 63.668
---------- ----------- ----------
TOTAL EXPENDITURES 49,700 31,641 18,059 63.668
---------- ----------- ----------
ENDING FUND BALANCE 49,300 68, 117 -18,817
3
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the nine months ended March 31, 1995
COMMUNITY BLOCK GRANT FUND
BUDGET ACTUAL VARIANCE 8
RESOURCES
Intergovernmental Revenue 229,000 31,436 197,564 13.738
Interest on Investments 0 0 0 .008
Operating Transfers In 10,000 0 10,000 .008
---------- ----------- ----------
TOTAL 239,000 31,436 207,564 13.158
EXPENDITURES
Personal Services 32,000 20,786 11,214 64.968
Materials and Services 151, 100 14,718 136,382 9.748
Capital Outlay 45,800 15,940 29,860 34.808
Debt Service 500 0 500 .008
---------- ----------- ----------
TOTAL 229,400 51,444 177,956 22.438
---------- ----------- ----------
ENDING FUND BALANCE 9,600 -20,008 36,608
41
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the nine months ended March 31, 1995
STREET FUND
BUDGET ACTUAL VARIANCE 8
RESOURCES
Working Capital Carryover 391,000 397,308 -6,308 101.618
---------- ----------- ----------
Taxes 387,400 293,411 93,989 75.748
Intergovernmental Revenue 820,600 590,120 230,480 71.918
Charges for Services 518,000 409,872 108,128 79.138
Interest on Investments 7,000 10,156 -3,156 145.098
Miscellaneous Revenues 6,000 1,445 4,555 24.088
---------- ----------- ----------
TOTAL 2,130,000 1,702,312 427,688 79.928
EXPENDITURES
Personal Services 567,000 389,500 177,500 68.698
Materials and Services 1,001,000 726,879 274,121 72.628
Capital Outlay 370,000 12,356 357,644 3.348
Debt Service 13,800 13,531 269 98.058
Operating Transfers Out 30,000 0 30,000 .008
Operating Contingency 80,000 0 80,000 .008
---------- ----------- ----------
TOTAL 2,061,800 1,142,266 919,534 55.408
---------- ----------- ----------
TOTAL EXPENDITURES 2,061,800 1,142,266 919,534 55.408
---------- ----------- ----------
ENDING FUND BALANCE 68,200 560,046 -498,846
S
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the nine months ended March 31, 1995
AIRPORT FUND
BUDGET ACTUAL VARIANCE 8
RESOURCES
Working Capital Carryover 17,000 - 16,084 916 94.618
---------- ----------- ----------
Taxes 0 90 -90 .008
Charges for Services 54,000 39,550 14,450 73.248
Interest on Investments 1,000 411 589 41.108
Miscellaneous Revenues 0 216 -216 .008
---------- ----------- ----------
TOTAL 72,000 56,351 15,649 78.27%
EXPENDITURES
Personal Services 1,000 0 1,000 .008
Materials and Services 33,000 27,813 5,187 84.288
Capital Outlay 0 6, 187 -6, 187 .008
Operating Transfers Out 17,300 12,975 4,325 75.008
Operating Contingency 5,000 0 5,000 .008
---------- ----------- ----------
TOTAL 56,300 46,975 9,325 83.448
---------- ----------- ----------
TOTAL EXPENDITURES 56,300 46,975 9,325 83.448
---------- ----------- ----------
ENDING FUND BALANCE 15,700 9,376 6,324
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the nine months ended March 31, 1995
CAPITAL IMPROVEMENTS FUND
BUDGET ACTUAL VARIANCE 8
RESOURCES
Working Capital Carryover 779,500 1,000,879 -221,379 128.408
---------- ----------- ----------
Taxes 195,000 173,908 21,092 89.188
Intergovernmental Revenue 387,200 2,965 384,235 .778
Charges for Services 129,300 142,842 -13,542 110.478
Assessment Payments 50,000 121,084 -71,084 242.17%
Interest on Investments 20,000 22,132 -2,132 110.668
Miscellaneous Revenues 48,000 77,580 -29,580 161.638
Other Financing Sources 1,000,000 412,000 588,000 41.208
Operating Transfers In 30,000 0 30,000 .008
---------- ----------- ----------
TOTAL 2,639,000 1,953,390 685,610 74.02%
EXPENDITURES
Personal Services 1,000 0 1,000 .00%
Materials and Services 61,600 40,318 21,282 65.45%
Capital Outlay 1,973,000 904,682 1,068,318 45.858
Operating Transfers Out 208,000 284,880 -76,880 136.968
Operating Contingency 100,000 0 100,000 .008
---------- ----------- ----------
TOTAL 2,343,600 1,229,880 1, 113,720 52.488
---------- ----------- ----------
TOTAL EXPENDITURES 2,343,600 1,229,880 1,113,720 52.48%
---------- ----------- ----------
ENDING FUND BALANCE 295,400 723,510 -428,110
7
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the nine months ended March 31, 1995
HOSPITAL IMPROVEMENTS FUND
BUDGET ACTUAL VARIANCE 8
RESOURCES
Working Capital Carryover 467,000 464,794 2,206 99.538
---------- ----------- ----------
Interest on Investments 20,000 12,887 7,113 64.448
operating Transfers In 488,000 0 488,000 .008
---------- ----------- ----------
TOTAL 975,000 477,681 497,319 48.998
EXPENDITURES
Capital Outlay 975,000 0 975,000 .008
---------- ----------- '----------
TOTAL 975,000 0 975,000 .008
---------- ----------- ----------
ENDING FUND BALANCE 0 477,681 -477,681
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the nine months ended March 31, 1995
BANCROFT BOND FUND
BUDGET ACTUAL VARIANCE 8
RESOURCES
Working Capital Carryover 456,000 457,991 -1,991 100.448
---------- ----------- ----------
Assessment Payments 220,000 176,114 43,886 80.058
Interest on Investments 15,000 12,765 2,235 85.108
---------- ----------- ----------
TOTAL 691,000 646,870 44,130 93.618
EXPENDITURES
Debt Service 364,000 106,776 257,224 29.338
---------- ----------- ----------
TOTAL 364,000 106,776 257,224 29.338
---------- ----------- ----------
TOTAL EXPENDITURES 364,000 106,776 257,224 29.338
---------- ----------- ----------
ENDING FUND BALANCE 327,000 540,094 -213,094
r
9
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the nine months ended' March 31, 1995
GENERAL BOND FUND
BUDGET ACTUAL VARIANCE 8
RESOURCES
Working Capital Carryover 179,300 177,295 2,005 98.888
---------- ----------- ----------
Taxes 160,000 147,317 12,683 92.078
Interest on Investments 7,200 9,051 -1,851 125.718
Operating Transfers In 503,500 354,000 149,500 70.318
---------- ----------- ----------
TOTAL 850,000 687,663 162,337 80.908
EXPENDITURES
Debt Service 545,000 445,495 99,505 81.748
---------- ----------- ----------
TOTAL 545,000 445,495 99,505 81.748
---------- ----------- ----------
TOTAL EXPENDITURES 545,000 445,495 99,505 81.748
---------- ----------- ----------
ENDING FUND BALANCE 305,000 242,168 62,832
/C/
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the nine months ended March 31, 1995
DEBT SERVICE FUND
BUDGET ACTUAL VARIANCE %
RESOURCES
Working Capital Carryover 108,700 98,990 9,710 91.07%
---------- ----------- ----------
Interest on Investments 8,780 4,221 4,559 48.08%
Miscellaneous Revenues 6,220 0 6,220 .008
Operating Transfers In 180,300 235,975 -55,675 130.888
---------- ----------- ----------
TOTAL 304,000 339,186 -35,186 111.578
EXPENDITURES
Debt Service 191,200 172,551 18,649 90.256
---------- ----------- ----------
TOTAL 191,200 172,551 18,649 90.25%
---------- ----------- ----------
TOTAL EXPENDITURES 191,200 172,551 18,649 90.258
---------- ----------- ----------
ENDING FUND BALANCE 112,800 166,635 -53,835
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the nine months ended March 31, 1995
ADVANCE REFUNDING BOND FUND
BUDGET ACTUAL VARIANCE 8
RESOURCES
Working Capital Carryover 1,336,000 1,311,017 24,983 98.138
---------- ----------- ----------
Interest on Investments 54,000 15,138 38,862 28.038
---------- ----------- ----------
TOTAL 1,390,000 1,326,155 63,845 95.418
EXPENDITURES
Debt Service 195,000 144,126 50,874 73.918
---------- ----------- ----------
TOTAL 195,000 144,126 50,874 73.918
---------- ----------- ----------
TOTAL EXPENDITURES 195,000 144,126 50,874 73.918
---------- ----------- ----------
ENDING FUND BALANCE 1,195,000 1,182,029 12,971
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the nine months ended March 31, 1995
WATER FUND
BUDGET ACTUAL VARIANCE 8
RESOURCES
Working Capital Carryover 1,486,000 1,689,309 -203,309 113.688
---------- ----------- ----------
Charges for Services 2,505,000 2, 102,322 402,678 83.938
Interest on Investments 94,000 58,503 35,497 62.248
Miscellaneous Revenues 5,000 879 4,121 17.588
Other Financing Sources 2,000,000 3,800,000 -1,800,000 190.008
---------- ----------- ----------
TOTAL 6,090,000 7,651,013 -1,561,013 125.638
EXPENDITURES
Water Operations 3,194,200 2,147,280 1,046,920 67.228
Debt Service 1,100 165,643 -164,543 1,000.008
Operating Transfers Out 503,500 354,000 149,500 70.318
Operating Contingency 200,000 0 200,000 .008
Water Conservation 64,000 42,853 21,147 66.968
---------- ----------- ----------
TOTAL EXPENDITURES 3,962,800 2,709,776 1,253,024 68.388
---------- ----------- ----------
ENDING FUND BALANCE 2,127,200 4,941,237 -2,814,037
�3
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the nine months ended March 31, 1995
SEWER FUND
BUDGET ACTUAL VARIANCE 8
RESOURCES
Working Capital Carryover 917,000 1,115,575 -198,575 121.658
---------- ----------- ----------
Taxes 780,000 695,631 84,369 89.188
Charges for Services 1,781,000 1,278,661 502,339 71.798
Interest on Investments 42,000 37,786 4,214 89.978
---------- ----------- ----------
TOTAL 3,520,000 3, 127,653 392,347 88.856
EXPENDITURES
SEWER OPERATIONS
Personal Services 480,000 343,827 136,173 71.636
Materials and Services 761,210 555,690 205,250 73.048
Capital Outlay 713,200 209,269 503,931 29.348
Debt Service 1,100 972 128 88.368
Operating Contingency 100,000 0 100,000 .008
---------- ----------- ----------
TOTAL 2,055,510 1,110,028 945,482 54.008
---------- ----------- ----------
TOTAL EXPENDITURES 2,055,510 1,110,028 945,482 54.008
---------- ----------- ----------
ENDING FUND BALANCE 1,464,490 2,017,625 -553,135
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the nine months ended March 31, 1995
ELECTRIC FUND
BUDGET ACTUAL VARIANCE %
RESOURCES
Working Capital Carryover 625,000 782,471 -157,471 125.208
---------- ----------- ----------
Intergovernmental Revenue 311,000 133,359 177,641 42.88%
Charges for Services 8,218,000 6,209,800 2,008,200 75.568
Interest on Investments 20,000 15,676 4,324 78.388
Miscellaneous Revenues 20,000 57,216 -37,216 286.088
---------- ----------- ----------
TOTAL 9,194,000 7, 198,522 1,995,478 78.30%
EXPENDITURES
Electric Conservation 504,000 309,786 194,214 61.478
Electric Operations 7,926,890 6,070, 162 1,856,728 76.58%
Debt Service 2, 500 1,944 556 77.768
Operating Contingency 300,000 0 300,000 .00%
---------- ----------- ----------
TOTAL EXPENDITURES 8,733,390 6,381,892 2,351,498 73.07%
---------- ----------- ----------
ENDING FUND BALANCE 460,610 816,630 -356,020
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the nine months ended March 31, 1995
CENTRAL SERVICES FUND
BUDGET ACTUAL VARIANCE $
RESOURCES
Working Capital Carryover 307,000 397,386 -90,386 129.44%
-------- ----------- ----------
Charges for Services 2,131,000 1,591,992 539,008 74.71%
Interest on Investments 17,000 18,440 -1,440 108.47%
Miscellaneous Revenues 1,000 4,283 -3,283 428.30%
---------- ----------- ----------
TOTAL 2,456,000 2,012, 101 443,899 81.93%
EXPENDITURES
Administration 494,000 369,095 124,905 74.72%
Finance 1,095,500 708,833 386,667 64.70%
Operating Contingency 45,000 0 45,000 .00%
Public Works 509,000 383,838 125, 162 75.41%
Computer Services 313,000 169,788 143,212 54.25%
---------- ----------- ----------
TOTAL EXPENDITURES 2,456,500 1,631,554 824,946 66.42%
---------- ----------- - ----------
ENDING FUND BALANCE 0 380, 547 -381,047
/G
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the nine months ended March 31, 1995
INSURANCE SERVICES FUND
BUDGET ACTUAL VARIANCE 8
RESOURCES
Working Capital Carryover 1,243,000 1,097,011 145,989 88.268
---------- ----------- ----------
Charges for Services 403,000 338,592 64,408 84.028
Interest on Investments 50,000 39,249 10,751 78.508
Miscellaneous Revenues 10,000 9,684 316 96.848
---------- ----------- ----------
TOTAL 1,706,000 1,484,536 221,464 87.028
EXPENDITURES
Personal Services 15,000 8,850 6,150 59.008
Materials and Services 532,000 250,842 281,158 47.158
Operating Transfers Out 30,000 0 30,000 .008
Operating Contingency 400,000 0 400,000 .008
---------- ----------- ----------
TOTAL 977,000 259,692 717,308 26.588
---------- ----------- ----------
TOTAL EXPENDITURES 977,000 259,692 717,308 26.588
---------- ----------- ----------
ENDING FUND BALANCE 729,000 1,224,844 -495,844
1
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the nine months ended March 31, 1995
EQUIPMENT FUND
BUDGET ACTUAL VARIANCE 8
RESOURCES
Working Capital Carryover 1,255,000 1,322,506 -67,506 105.388
---------- ----------- ----------
Charges for Services 947,000 710,868 236,132 75.078
Interest on Investments 60,000 41,719 18,281 69.538
Miscellaneous Revenues 20,000 23,973 -3,973 119.868
---------- ----------- ----------
TOTAL 2,282,000 2,099,066 182,934 91.988
EXPENDITURES
Personal Services 148,000 109, 151 38,849 73.758
Materials and Services 368,000 253,308 114,692 68.838
Capital Outlay 347,500 79,022 268,478 22.748
Operating Contingency 100,000 0 100,000 .008
---------- ----------- ----------
TOTAL 963,500 441,481 522,019 45.828
---------- ----------- ----------
TOTAL EXPENDITURES 963,500 441,481 522,019 45.828
---------- ----------- ----------
ENDING FUND BALANCE 1,318,500 1,657,585 -339,085
V
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the nine months ended March 31, 1995
CEMETERY TRUST FUND
BUDGET ACTUAL VARIANCE 8
RESOURCES
Working Capital Carryover 610,000 609,358 642 99.898
---------- ----------- ----------
Charges for Services 8,500 2,847 5,653 33.498
Interest on Investments 31,000 16,799 14,201 54.198
Operating Transfers In 500 500 0 100.00%
---------- ----------- ----------
TOTAL 650,000 629,504 20,496 96.858
EXPENDITURES
Operating Transfers Out 31,000 16,799 14,201 54.198
---------- ----------- ----------
TOTAL 31,000 16,799 14,201 54.198
---------- ----------- ----------
TOTAL EXPENDITURES 31,000 16,799 14,201 54.198
---------- ----------- ----------
ENDING FUND BALANCE 619,000 612,705 6,295
/9
CITY OF ASHLAND
CASH AND INVESTMENTS BY TYPE
MARCH 31, 1995
Amount
---------------------------- -----------------------
PETTY CASH $ 948. 00 0. 00%
CHECKING
US BANK (337 , 914 . 82) -1. 51%
FIRST INTERSTATE BANK 1, 000. 00 0. 00%
BANK OF AMERICA 955. 04 0. 00%
INTRA CITY INVESTMENTS
INTRA CITY BANCROFT 12 , 000. 00 0. 05%
INTERFUND NOTES 10, 501. 23 0. 05%
LOCAL GOVERNMENT INVESTMENT POOL 9 , 191, 969 . 00 41. 14%
TREASURY BILLS
FIRST INTERSTATE BANK 473 , 761. 67 2 . 12%
US BANK 1, 462 , 704 . 84 6. 55%
TREASURY NOTES
US BANK 4 , 313 , 754 . 24 19. 31%
U.S. GOVT AGENCY INVEST 7 , 213 , 717 . 86 32 . 29%
-----------------------
TOTAL $ 22 , 343 , 397 . 06 100. 00%
-----------------------
� U
CITY OF ASHLAND
CASH AND INVESTMENTS BY FUND
MARCH 31, 1995
Amount
---------------------------- -----------------------
GENERAL $ 1, 079, 443 . 89 4 .83%
CEMETERY 130, 887 . 03 0. 59%
BAND 68 , 117.70 0. 30%
COMMUNITY BLOCK GRANT FUND (19, 489 . 84) -0. 09%
STREET 540, 184 . 70 2 .42%
AIRPORT 17 , 338.41 0. 08%
CAPITAL IMPROVEMENTS 725, 377 . 12 3 . 25%
HOSPITAL CONSTRUCTION 477 , 680. 76 2 . 14%
BANCROFT BOND 529 , 319 . 21 2 . 37%
GENERAL BOND 242 , 580. 34 1. 09%
DEBT SERVICE 166, 635. 00 0. 75%
ADVANCE REFUNDING BOND 3 , 755. 02 0. 02%
WATER QUALITY 659 , 331. 61 2 . 95%
WATER CONSTR. SUB-FUND 3 , 706, 075. 26 16 . 59%
SEWER 372 , 214 . 68 1. 67%
SEWER CONSTR. SUB-FUND 1, 463 , 122 . 18 6. 55%
ELECTRIC UTILITY 545, 863 . 78 2 . 44%
CENTRAL SERVICES 470, 524 . 35 2 . 11%
INSURANCE SERVICES 1, 550, 053 . 23 6.94%
EQUIPMENT 1, 658, 914 . 73 7 .42%
CEMETERY TRUST 612 , 704 . 91 2 . 74%
-----------------------
15, 000, 634 . 07 67 . 14%
SKI PARK FUND 756, 088 . 00 3 . 38%
HOSPITAL 4 , 792 , 670. 68 21. 45%
PARKS & RECREATION 1, 794 , 004 . 31 '8 . 03%
-----------------------
TOTALS $ 22 , 343 , 397 . 06 100. 00%
-----------------------
-----------------------
r^� - •--
Tel. (603)482.1629
Richard C. Cottle .'"
390 Ashland St
Ashland, Oregon 97620
April 28, 1995
TO: Mayor Kathy Golden and Ashland City Council Members:
Re: Proposed Ordinance No.
(Relating to Amending Procedures of the Land Use
Ordinance, etc.)
COMMENT #1: "The Deferential Standard of Review:n ("Interpretation of local laws";
The City of Ashland versus LUBA.)
The Oregon Supreme Court in Clark vs. Jackson County, 313'0r. 508.
(1992), declared that when LUBA is reviewing land use decisions, it must affirm the
local government's interpretation of its own ordinance, unless that interpretation it
clearly inconsistent with the express language of the ordinance. LUBA cannot sub-
stitute its own interpretation for that of the City Council.
Emphasis has been placed above on the term 'City Council', because
subsequent Court of Appeals and Supreme Courts' decisions have distinguished
between the mandatory application of the 'deferential standard of review' theory, as it
relates to reviews of final decisions made by City Councils ( and by Statute by County
Commissioners), and those land use decisions made by local 'hearings officers', or
bodies not elected by the citizens.
" The principles underlying this court's decision in Clark, discussed infr ,
however, support the conclusion that the deference required by that decision
does not apply to the interpretation of a local ordinance by a hearings officer,
when as was true here there was no appeal of the hearings officers decision to
the responsible political body." ( Gage vs. City of Portland, 319 Or. 308, page
315.) (Emphasis supplied.)
It is noted that the proposed Ordinance admendments under discussion
do not establish a'hearings officer', but the the rationale for not requiring LUBA to defer
to the interpretation of local law if not made by the Council also would apply to the
Planning Commission. Neither are involved in the legislative process.
" The principles underlying Clark are perhaps best illustrated by an
examination of several earlier cases involving deference to a local
government's interpretation of its own enactments. . . . . .although the courts
themselves are 'finally responsible. . . . (for interpretation), .'. . it is the Board (of
Commissioners) itself, composed as it is of popularly elected local officials
directly accountable to their constituency.....that, in the first instance should have
the power and right to interpret local enactments" ( Gage vs. City of Portland,
319 Or. 308, page 315, quoting from Fifth Avenue Corp. v. Washington Co., 282
Or. 591.)( Emphasis supplied.)
"Because a hearings officer is not a member of the popularly elected
governing body, such a person is neither politically accountable to the
community nor an integral part of the legislative process by which local
land use ordinances are enacted." ( Gage, supra., page 317).
SUGGESTION #1.
The proposed procedural amendments relating to "Staff Permit Procedure",
`Type I Procedure" and " Type II Procedures" do not mandate nor allow an appeal of
their decisions to the City Council; instead, the Planning Commission's decisions in
these matters become the "FINAL DECISION OF CITY", and an appeal therefrom must
be directly to LUBA.
In the event any such decisions shall have been based upon "an interpretation"
of an Ordinance or Resolution, that issue of proper interpretation should be settled as
a Final Decision" by the City Council to insure the application of the "Deferential
Standard of Review" theory. WITHOUT such a final decision by the City Council as to
the interpretation, LUBA would NOT be required to adhere to local understanding or
intent
COMMENT #2. Proposed Amendments in 18.108.160. (Ordinance Interpretations 1
(1). This section refers only to the "administration of Land Use Ordinance (s)".
A reference made to the interpretation any land use Resolution or policy, procedural
or otherwise, may become the issue in dispute. The inclusion of such legislation, even
though advisory, should be considered.
(2). In the event an interpretative issue arises at the level of the Staff Advisor,
consideration should be given to allowing an appeal from the decision of the Staff
Advisor directly to the Council, avoiding the necessity of first presenting it to the
Planning Commission. What was intended by the Council, the source of that matter,
is what is sought, not what the Commission may consider it tohave been.
The obvious effort that has been expended by all concerned with this project is
appreciated. Rather than consume valuable time of the public hearing, it would be
appreciated if these thoughts would be made a part of"the record", and distributed to
council members, perhaps prior to the meeting, if such is acceptable.
Your truly,
I
Ui
`
MAY 0 2 11995
DEVELOPMENT CONSULTING SER S----------
RONALD THORNER
PLANNING and BUSINESS CONSULTING .
1170 BELLVIEW AVENUE ASHLAND, OREGON (503) 488-2414
May 02, 1995
Mayor and City Council Persons,
Comments About Proposed Changes To The Procedures Chapter 18-108 _
Appeals of Planning Actions
By avoiding the hearing of appeals at the City Council new or
more detailed information which is currently allowed would not be
considered. Often times such information is pertinent and
important to an informed decision. Additionally, errors or
omissions in the adopted findings of the Planning Commission
and/or the submission of evidence supporting findings will not
have an opportunity to be entered into the record. , This means
that : 1) Appeals of Planning Commission decisions would be before
LUBA, and "on the record"; 2 ) No new evidence or "enhanced"
findings; 3) No further opportunity for the City to consider new
or additional facts; 4 ) No further opportunity to clarify issues;
5) Very different circumstances that will jeopardize the
likelihood of mediation occurring, let alone, affording- a
mutually agreeable resolution to differences; 6) The very real
value of mediation, to the City, is avoiding the potential cost
of defending a decision before LUBA - which is a heavy cost
whether the Citv wins or loses; 7 ) Such costs, which are the
responsibility of the Council, would be for defending decisions
of another non-elected body; 8 ) Potential legislative (State)
changes may well discourage individuals from filing an appeal
before LUBA by providing compensation for expenses -against
appellants even if their appeal is not frivolous and while this
might save the cost of defending decisions, unfortunately, that
cost will be shifted to lesser Quality projects and thus a
diminution of the quality of life in Ashland; 9) Other
legislative (state) actions would limit the definition of those
who would be able to file appeals at LUBA by redefining those
with "standing", thus actions which have impacts on a community
as a whole would only be appealable by those persons noticed or-_
-
directly impacted; 10) Such disenfranchising would be -
unfortunate, as well as, significantly reduce the scope of
matters that might be considered on appeal at LUBA; 11) Accepting
1
this proposal would also require recognition by the Council that
our ordinances do provide a degree of latitude (flexibility) in
their interpretation or application which would be deferred to
the Planning Commission rather than with the Council where such
decisions ultimately belong; 12 ) This proposal is a local erosion
of the Land Use Planning process; 13) Ratifying this proposal
would require a presumption that this community has evolved to
what "IT" currently is as a result of the Planning Department,
the Planning Commission and/or the City Councils actions, and
would ignore the importance of past community involvement in the
Planning Process having been integral to the development of the
City we admire - which includes: a significant level of
participation and even occasional appeals to LUBA which have
resulted in improved projects/decisions/community perceptions .
The appeal structure currently in place has served this community
well and has been an integral component of the evolution and
development of our wonderful city.
Restructuring Type III Planning Action
The proposed changes to the Land Use Ordinances regarding Type
III Planning Actions would, again, remove an opportunity for the
kind of community involvement that is integral to our City' s
identity. Type III actions must not be trivialized to the point
of deferring decisions, to the Planning Commission, about any
Comprehensive Plan chances whether such changes are Text or Maps,
and to suggest that Annexations of parcel (s) in single ownership
are less complex or important than those involving multiple
owners fails to follow any logic. Certainly, annexations of large
tracts of land held in common ownership must be evaluated with
the same scrutiny as those involving multiple owners, though the
procedure proposed here, for some reason, suggests otherwise .
If the statement above regarding annexations seems contrary to
the proposed changes as described in the text (see proposed ALUO
18 . 108 . 060 C. 2 . ) of the ordinance now before you, then it is
important to also review, the "flow chart" description of Type III
Planning Actions which has been provided in the Council packet as
an exhibit/evidence for the changes to ALUO 18 . 108 now before
you. Though, interpretation of the "flow Chart" at this section
is confusing, it seems reasonable to assume that annexations of a
parcel ( s) in common ownership are simply considered Comprehensive
Plan Map or Zone changes and thus, unless appealed, the decision
of the Planning Commission shall be final . Perhaps the intent of
the "flow Chart" is to define who will implement the necessary
changes to Comprehensive Plan Map (s) or Zoning Map (s) that would
result from an annexation approved by the Council, but such an
intent is difficult, at best , to conclude .
Furthermore, neither the description of Type III Planning Actions
2
or the description of Legislative amendments (proposed ALUO
18 . 108 . 170) seem to acknowledge/address a process for
Comprehensive Plan teat amendments which are currently dealt with
as described in ALUO 18 . 108 . 060 . If this is an oversight then it
will have to be dealt with at a hearing before the Planning
Commission before being added to this proposed chapter 18 . 108
that would replace the existing ALUO 18 . 108 . Adoption of this
ordinance by approval of Planning Action 94-095 would not leave a
procedure for fixing this discrepancy.
NOTE: Per this proposal a new definition would be added to the
ALUO at 18. 08. 345 as found at page 13 "SECTION 2" and this
definition would include reference to changes to the
Comprehensive Plan Text but the sufficiency of this definition to
then presume a connection to the proposed ALUO 18. 108. 170 is
unclear.
Comments on Other Proposed Changes
While not all inclusive, other comments regarding the proposed
changes are as follows :
*There is no description of what needs to be included in an
application for a Type III Planning Action
*18 . 108 . 070 A. There should be some mechanism for appeal of
"Ministerial actions"
*Adopt the "ALTERNATIVE SECTION" at 18 . 108 . 070 B. 3 . and
18 . 108 . 110 A.
*18 . 108 . 100 B. 2 . Should also include advice to all parties
that they may also refute the substance of actual or potential
conflicts of interest
*Perhaps provide greater clarification as to the meaning of
"Board" or "Commission" to avoid any confusion with the
"Review Board" or "Historic Commission" -- especially in light
of the possible changes that may one day enable the Historic
Commission to have decision making ability rather than just an
advisory capacity
*At 18 . 108 . 170 Legislative amendments--add a mechanism for
returning such actions to the Planning Commission, if
modified, after being heard by the Council
*It is unclear as to the reasoning for deleting 18 . 100 . 020 B.
as suggested in SECTION 7 (page 17 )
*SECTION 13 regarding 18 . 70 . 060 B. 2 . -- Add d.That the
circumstances or conditions have not been willfully or
3
r
purposely self-imposed (as found in the variance section of
the ALUO)
FINAL ANALYSIS
Unfortunately, like tonight, I was not able to attend the
previous hearing on this matter but I am grateful that I am still
able to make my comments a part of the record for this matter .
Though the Ordinance changes proposed here would not preclude
this opportunity for changes to Ordinances, I hope you will
recognize that this opportunity would not be available to me or
or-hers for some Type III actions, unless I chose to appeal those
actions either to the Council or LUBA. And Type II actions that
were flawed would require the extreme expense, for appellant and
the City, of a LUBA appeal .
Analysis of these proposed changes has been very difficult due to
a number of factors . When reviewing the "Record" and/or "file"
for this proposal I was dismayed that the document ( s) received by
the Council lacked any information as to how or why these changes
are found to be necessary or appropriate . There is no
documentation of a staff report to the Planning Commission or to
the Council . There is no "report" from the Planning Commission as
required in ALUO 18 . 108 . 060 C . other than a copy of the minutes
of the Planning Commission hearing, which offers no explanation
as to the reason the "Commission" is asking for these changes--If
any alternatives were explored, such as a HEARINGS OFFICER along
With more substantive criteria . No history is offered that would
show how or by whom this action was initiated or which of the
conditions found at ALUO 18 . 108 . 060 B. 1 . were found to be
applicable . Additionally, the notice for this hearing does not
meet the requirements of ALUO 18 . 108 . 080 E. and lacks the
criteria involved, the format for this hearing or who would be
the person (s ) to speak to on this matter--which makes evaluation
of this proposal difficult for me, but seemingly impossible for
the General Public .
Changes as extensive as those proposed here should have a clear
procedure that justifies the changes and those procedures should
be strictly adhered to. With this application I feel the lack of
information and the need to either be very familiar with the ALUO
in whole, or, at the least, knowledgeable enough to seek all of
the various pertinent documents necessary for comparison
purposes, is an unreasonable expectation.
For the reasons stated above I must, at this time, strongly
recommend that this proposal be returned to the Planning
Commission or Denied outright . I hope the Mayor and Council will
find some value in the comments I have made here !
Respectfully submitted,
05/02/1995 13:03 5034688216 0 PAGE 01 '
May 2, 1995', /
FAX: To Mayor Golden V
and to the City Council:
You must maintain the right of citizens to appeal decisions of the
planning commission (and any other such agency) to the Council or to another
independent, responsible agency set up by the Council.
Our civil servants are dutiful and well qualified but the people's elected
representatives, accountable to the voters, must serve as the court of appeal.
Sinc rely,
� ��� Cavanaugh
G aid Cavanaugh P.O.Box 247
4$2-6543 Ashland,OR 97520
Petition to the Ashland City council:
The proposal to deny public access to the City council
relative to planning decisions undermines the character of our
democratic process. It further limits access by the imposition
of a $500 fee.
We urge you to keep the process as it is. It works. It"s
fair.
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APPEALS
1995 -- none
1994 -- PA94-104 French Quarter Sign Variance Type I.
Appeal filed by applicant. Council overturned Historic Commission
recommendation and Planning Commission Decision for denial of varidnce.
Variance approved.
PA94-117 Church Street development (behind Bard's Inn)
Type II Multi-Family Subdivision. Action on hold pending additional information
and possible mediation.
1993 Barton/Roberts Subdivision -- settled through mediation prior to Council hearing
issue.
93-128 Sullivan/Johnson. Building Permit. Decision by staff-toissue
building permit upheld by Planning Commission, and City Council on appeal.
Ultimately upheld by Court of Appeals. Oregon Supreme Court declined to hear
the case.
93-127 City of Ashland, new office building. Type I. Appeal of Planning
Commission approval initiated by City Council. Action set aside and Space Needs
Committee established.
93-094 Poplar Place Subdivision. Type II. Appeal filed by neighbor
opposed to street placement. Agreement reached through mediation on developer
installing additional landscaping/fencing. Decision of Planning Commission upheld
by Council.
1992 92-001 SP Subdivision on "A" Street. Type II. Appeal file by
neighborhood. Decision to approve subdivision by PC upheld by City Council.
Neighborhood park issue resolved by City purchasing RR Neighborhood Park.
92-009 Al Teitelbaum Apartment Complex - Approval Extension. Type I.
Appeal filed by applicant after extension request was denied by Planning
Commission. Applicant redesigned project to meet City concerns prior to Council
hearing. Council overturned Planning Commission denial. Approved project.
92-064 Oarus McGee Minor Land Partition/Ross Lane - 1.5' lot width
variance. Type I. Appeal filed by neighbors. Decision to approve partition and
variance by Planning Commission upheld by City Council.
92-093 Johnson CUP/Traveler's Accommodation/Variance. Type I. Appeal
filed by applicant. Decision to deny CUP by Planning Commission upheld by City
Council.
TOTAL TIME -- 3 years, 5 months
TOTAL APPEALS FILED: 10
Total Appeals heard by Council: 7 (other 3 decided by mediation or dismissed)
Type II's 4
Type I's 5
Building Permit 1
Appealed to LUBA 1 (City decision sustained)
PC Decisions Overturned by Council 2 (one based on a redesign by applicant)
Staff Permit Procedure Type I Procedure
(Minor variances, Solar Waivers, (Larger Site Reviews-commercial &
Small Site Reviews, Application multi-family, partitions, CUPS
Extensions) existing buildings, B&B's, most
variances)
Application Application
Adminstrati ve Hearing Adminstrative Hearing
Approval/Denial by Approval/Denial by
Planning Staff Planning Staff
Notice to Parties Notice to Parties
If NO Request for If Request for If NO Request for If Request for
Heanng:Recelved;: Hearing Received... Hearing Received... Hearing Received...
CTION COMPLETE
Public Hearing Review by Public Hearing
before Planning before
Planning Commission : Planning
Commission Commission
■
■
Approval/genial:: Approve =; Request ■ Approval/Denial:;
by Planning Staff Public by I'lanning
Commission Dedston Hearing Commission
FINAL DECISION ■
ACTION fINA[ DECtS10N;,;
OF CITY COMPLETE.;` OF CITY
Further Appeals to Further Appeals to
LUBA LUBA
Type II Procedure Type III Procedure
(Actions not subject to Type I (Zone Changes and Comprehensive
procedure, subdivision, CUP's Plan Map changes involving only
involving totally new construction, one parcel/owner, annexations --
Large Scale Development) _ quasi-judicial action)
Application Application
Notice to Parties Notice to Parties
Public Hearing Before Public Hearing Before
Planning Commission Planning Commission
Approval/Denial Approval/Denial by
by Planning Commission Planning Commission
FINAL DECISION OF CITY
I
Further Appeals to If NO Appeal Is If Appeal
LUBA filed, is filed...
ACTION COMPLETE=
Public.Hearing
before
City Council
Approval/Denial
by Gty Council
FINAL DECISION
............................................
of eITY
Further Appeals to
LUBA
Legislative
Amendments
(Ordinance changes, zone changes
&comp plan map changes involving
numerous owners)
Application
Notice to Paper
M efore ission ial n by ssion
Public Hearing
before City Council
Approval/Denial by City
Council
Adoption.by Ordinance
FINAL DECISION OF CI Y
I
Further Appeals to
LUBA
{ emor and um
April 26, 1995
1tl II: Honorable Mayor and City Council
ram: Brian L. Almquist, City Administrat r
,_$ubjlCCt: North Main/Maple Project
Attached is a] ter received from ODOT concerning various issues relating to the N. Main/Maple project. They
are requesting our comments on two issues:
1. Project Timing: You will note that of the oral and written comments received, the
opinions were roughly split over proceeding immediately or waiting until Fall. They
note that the delay could result in the project taking lon er and could increase the
cost (if the bidders had to anticipate over-wintering the project due to bad weather
later in the year).
2. Traffic Signal: After this letter was received, I received a follow-up telephone call
from John Vial, Project Team Manager, that ODOT might be able to move the signal
project up to nearly coincide with the left turn project, if the City could commit to a
50% match ($65,000). I have spoken with Hospital Administrator Jim Watson who is
willing to recommend that the Board fund $16,250, presuming the City would fund
an equal amount. The remainder ($32,500)would be requested from the developer of
the Retirement Center.
There was also some discussion during the public forum regarding a proposal by some citizens that the entire
project be scrapped. Another opinion was offered that if a traffic light were installed, there would be no need for
the left turn project.
Your attention is called to the comments by ODOT under Left AT um wherein they state that they would not
support a light without a left turn refuge. It is their view that"Installing a signal at this location,without
providing a left turn lane, could actually increase accidents due to the additional vehicles stopping at this
location." They are adamant on this point.
Finally, and most important, is the fact that the City entered into a contract with ODOT for this project in 1990
(see attached). This was at the urging of the Hospital Board and with the fill support of the Mayor and Council.
The State, in reliance on that contr act, has spent substantial sums to date for surveying, right-of-way acquisition,
and design plans and specifications. In my view, were the City to withdraw its support for the project, the
remaining funds would likely be diverted to other projects elsewhere in the State, and ODOT would be highly
reluctant to enter into future cooperative agreements with the City of Ashland.
RECOMMENDATION:
1. That the City Council support the early completion of this project to minimize the likelihood of future
accidents, to control costs, and to avoid the possibility of even a longer period of disruption later in the
year.
2. That the City Council commit to a 50% match for this project ($65,000), subject to an agreement with the
Hospital Board and the Retirement Center developers, as outlined above.
(r.NMnMpl.m=)
Attachments:
(1) Letter from ODOT, dated April 5, 1995
(2) Contract with ODOT, dated September 5, 1990
LARRY CARSON, PROJECT MANAGER I P
6475 CRATER LAKE HWY., CENTRAL POINT, OR 975A L;
503/826-1881 FAX 503/826-2140 '-DFPAItTMJiNT_F
TRANSPORTATION
April 5, 1995
FILE CODE:
Brian Almquist, City Administrator
City of Ashland t
20 E. Main St.
Ashland, OR 97520
Dear Mr. Almquist:
This letter is to update the City of Ashland on the status of the Rogue Valley Highway at
Maple Street Project and to seek the City's concurrence on the manner in which ODOT
are proceeding.
This project has generated considerable public participation and comment. As a result,
ODOT held a public meeting on March 23 to receive further input on this project. The
meeting was well supported with over 45 citizens attending and over 20 questionnaires
and letters were completed and returned. Letters and questionnaire commen}s generally
concentrated on a few specific issues.
Project Timing
The first question on the questionnaire asked if construction should start this summer, as
originally planned, or be delayed until fall to avoid the tourist season. Strong opinions
were voiced on both sides. Many felt that construction should begin immediately before
more accidents occur, and others felt that constructing during the summer would be
detrimental to the busy tourist season and the 60th anniversary of the Shakespearean
Festival. Overall, comments were fairly evenly split regarding construction timing,
although a small majority did favor delaying construction until the fall. Although we
would prefer to construct this project during the summer, we can delay construction until
the fall. This delay could result in the project taking longer to construct and could
increase the cost. ?- _
Traffic Signal
Many comments requested a traffic signal to be installed along with this project. ODOT
can now support the installation of a signal at this intersection. However, a signal will
not be included in the current project. This project does not have sufficient funding for
the design and installation of a signal. The signal will be placed on a statewide
prioritized list of needed signals, and when priority and funding are secured, the signal
could be installed. Comments have been made by several parties, including the city, that
the Ashland Community Hospital, the proposed retirement center, and/or the City of
Ashland could all participate in the funding of this signal. If this is the case, and we
delay the project until the fall, we may be able to develop a parallel project which would
complete the signal design in the next several months and the signal could be installed
along with the construction of the Rogue Valley Highway at Maple Street project. Please
understand that without the funding assistance of the local government and/or private
organizations, the signal will not be installed for some time.
Left Turn Lane
A few comments stated that if a signal was installed on the North Main Street at Maple
Street, there would be no need for a turning lane. Several comments argued that the
traffic volumes on the North Main Street do not justify this increase in highway capacity
and the turn lane will not satisfy Ashland's transportation goals of reducing reliance on
automobiles. This project is not designed to increase capacity, rather the purpose of this
project is to reduce accidents involving vehicles making left turn movements from North
Main Street onto Maple Street. The addition of a left tune lane will place vehicles
making this movement out of the through traffic lanes, greatly reducing the potential for
this type of accident. Installing a signal at this location, without providing a left turn
lane, could actually increase accidents due to the additional vehicles stopping at this
location. ODOT cannot support the installation of a signal at North Main St. and Maple
St. without including the left turn lane.
Removing a Tree
A few comments objected to the removal of the 50' Blue Spruce tree on the Unity of
Ashland church grounds. One comment threatened "civil disobedience" if the tree is
removed. As we have stated previously, we do not take property impacts lightly,
including the removal of a tree. The primary alternative to avoid impacting this tree
would be to shift the alignment to the opposite side of the highway. This realignment
would have the negative impact of displacing residences and would substantially increase
of the cost of the project. Unfortunately, avoiding the tree doesn't seem to be an option
which is practical. We are interested in suggestions in ways to mitigate this impact.
Other Misc. Comments
Other comments included a suggestion to construct a pedestrian overpass over North
Main Street; to remove a lane of traffic from each side of North Main Street to slow
traffic down; and, to install signs on 1-5 warning drivers of the construction.
In summary, ODOT is recommending that we proceed with the original project to add a
turn lane on North Main Street onto Maple Street. We can delay construction of the
project until the fall, if that is requested. We can support the installation of a signal at
North Main and Maple, but it will not be included as part of this project. It could be
installed while this project is being built if the project is delayed until fall and if outside
funding is secured in a timely manner. I would appreciate a response from the city
regarding this proposal by May 1. If you have any questions, please call me 826-1627, ex
250.
For your information, Frank Stevens has taken another position in our construction office
and I will be handling project development activities on this project, as well as others in
the area. I hope to continue the positive direction Frank has taken ODOT in southern
Oregon and I look forward to working with you and the City of Ashland.
Sincerely,
r�
John Vial
Project Team Manager
cc: Don Forbes, Director, ODOT
Paul Mather, Region 3 Manager, ODOT
Monte Grove, District 8 Manager, ODOT
Representative Judy Uhberbelau
Senator Lenn Hannon
Kathy Golden, City of Ashland
I1, 1
Department of Transportation
`.Iaj 4
11en eoLoseruJor TRANSPORTATION BUILDING, SALEM, OREGON 97310
in Reply Refer To
September 5, 1990 File No.:
AGR
City of Ashland
20 East Main
Ashland, OR 975
Atte E. Franklin =
City Recorder
Attached for your records is a fully executed copy of an
agreement for the construction of a left-turn lane on the
Rogue Valley Highway at Maple Street.
We have retained a fully executed copy of this agreement for
the Transportation Commission's files.
Fran Neavoll
COMMISSION SERVICES
FKN/rgb
Attachment
Approved , OHSD Waff
E 011
December 13 , 1989
Misc . Contracts & Agreements
No . 10087
COOPERATIVE IMPROVEMENT AGREEMENT
PRELIMINARY ENGINEERING AND CONSTRUCTION FINANCE
THIS AGREEMENT is made and entered into by and between THE STATE
OF OREGON , acting by and through its Department of
Transportation , Highway Division , hereinafter referred to as
"State" ; and THE CITY OF ASHLAND , a municipal corporation of the
State of Oregon , acting by and through its City Officials ,
hereinafter referred to as "City" .
W I T N E S S E T H
RECITALS
1 . Rogue Valley Highway is a part of the state highway system
under the jurisdiction and control of the Oregon Transportation
Commission , and Maple Street is a part of the City Street System ,
under the jurisdiction and control of City .
? . For the purpose of providing acceptable traffic patterns no
public highways , State and City plan and propose to construct a
protected Left- turn Lane for vehicles turning onto Maple Street ,
hereinafter referred to as "project:" . The location Of the
project is approximately as shown on the sketch map attached
hereto . marked Exhibit A . and by this reference made a part ,
hereof . The City will furnish right - of -way and State will
construct the left- turn refuge with State Operations Funds .
3 . By the authority granted in ORS 366 . 770 , and 366 . 775 , State
may enter Into cooperative agreements with the counties and
cities for the performance of work on certain types of
improvement pru ) ects with the allocation of costs on terms and
conditions mutually igreeabte to the contractlnq parties .
81389008
THE CITY OF ASHLAND
4 . By the authority granted in ORS 010 . 210 , State is authorized
to determine the character or type of traffic control to be used
for the safe and expeditious control of traffic .
NOW, THEREFORE , the premises being in general as stated in the
foregoing RECITALS , it is agreed by and between the parties
hereto as follows : -
STATE OBLIGATIONS
1 . State shall conduct the necessary field surveys , identify
and obtain or issue the required permits , perform all
preliminary engineering and design wort: required to produce
plans , specifications and estimates , advertise for bid
proposals , award all contracts and furnish all construction
engineerinq , material testing , technical inspection and project
manager services for administration of the contract .
2 . State shall lay out and paint the necessary lane lines and
erect the required directional and traffic control signing for
the project .
3 . State shall compile accurate cost accounting records . City
may request a statement of costs to date at any time by
submitting a written request .
CITY OBLIGATIONS
1 . City shall provide the necessary right- Of-way and casements
for any required roadway wideninq .
2 . City hereby grants State the right to enter Into and occupy
City street, right - of-way for the performance of preliminary
engineering field work necessary for project development .
131339000
Ay r enm r.nt Nu . 100' 7
THE CITY OF ASHLAND
3 . City shall , upon request by State , relocate or reconstruct ,
or cause to be relocated or reconstructed , all . privately or
publicly-owned utility conduits , lines , poles , mains , pipes , and
all other such facilities of every kind and nature , where such
utilities or facilities are located within the right- of-way of
any presently existing City street where such relocation or
reconstruction is necessary in order to conform the utilities or
facilities to the plans for the project . City may request State
to arrange for said relocation , acting on behalf of City .
4 . City shall authorize execution of this agreement during a
regularly convened session of its City Council .
GENERAL PROVISIONS
1 . Subject to the limitations of the Oregon Constitution and
statutes ; City and State each shall be solely responsible for
any loss or injury caused to third parties arising from City ' s
or State ' s own acts or omissions under this agreement and City
or State shall defend , hold harmless and indemnify the other
party to this agreement with respect to any claim , litigation or
liability arising from City' s or State ' s own acts or omissions
under this agreement .
2 . The 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 .
81339008
3-
ArJ r eme n l'. Uu . 10087
THE CITY 11 It-'HLANO
IN WITNESS WHEREOF , the parties hereto have set their hands and
affixed their seals as of the day and year hereinafter written .
The Oregon Transportation Commission approved this project on
February 21 , 1989 as a part of the Traffic. Operations Program ,
at which time the State Highway Engineer was authorized to sign
this agreement for and on behalf of the Commission .
This project was approved by the Oregon Transportation Commission on July 17 ,
1990, as part of the Six-Year Highway Improvement Program (page
APPROVA RECOMMENDED
STATE OF OREGON , by and through
its Department of Transportation ,
By Highway Division
Region E n g i n e e r r �`�`� �d [-�I C
By
APPROVED AS TO fOK State Highway Engineer
LEGAL SUFFIf,IENCY r _ 3i '90
Date
By Asst . Attorney General
THE CITY OF ASHLAND , by
Date g — 2 - 90 _ and through its Elected Officials
APPROVED AS TO Mayor
LEG\(Al, UFr�FICI CY
By
`1y�K By
Recorder
City Att rney G C)
Date THE CITY OF ASHLAND
Billing Address :
City of Ashland
Public Works Director
20 East Main St .
Ashland , OR
97520
81339003
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To be sent to : Frank Stevens
Project Development Team Manager
In view of your continuing plans to implement the
street-widening project on North Main and Maple , we the City
Council of Ashland are advising you of our serious concerns
about the negative consequences of such a project. Though we
clearly recognize the necessity for a safe means for vehicles
to turn left from Main onto Maple Street, we believe that
widening the street will actually contribute to the lack of
safety at this intersection . For persons on foot, on bicycle
or in a wheelchair , the expansion of the street to 66 feet
will provide quite a challenge for them to cross in time -
especially if there is no traffic signal installed
simultaneously with the new construction .
We were encouraged by the information of your full
intent to install a traffic signal , even though it will not
be in place when the project is first completed . However ,
what we wish to strongly suggest is that a split-phasing
traffic signal be installed instead of the street being
widened . Ashland does not need four blocks of a. major
thoroughfare-type street , only to funnel the traffic into two
narrow lanes for the rest of the journey through our small
city . We are committed to being tourist-friendly and to
providing safe travel space for pedestrians , both physically
challenged and physically able , and cyclists.
We need a traffic signal , not a major reconstruction of
our carefully=planned, tree-lined streets leading into our
quaint downtown area. We are inviting and expecting you to
respond to our unique community' s needs . This is a great
opportunity for ODOT to prove their critics wrong , and
demonstrate that you do listen and respond positively to the
realistic suggestions and particular needs of the Oregon
citizens whom you are designed to serve .
r,a Of AjAf,,`
Am or an Aum
�PEGO ,
April 28, 1995
V1 U• Mayor and City Council
r
ram: Peggy Christianse , Assistant City Administrator
*A*1Ct: Management Compensation Survey
RECOMMENDATION: Provide direction to staff on the management compensation survey requested by
the City Council. At the last City Council meeting, the first three options were presented. Councilor
Winthrop and I have since met and he has suggested another option which is described below as 4. I would
recommend that the City Council direct the preparation of survey options 1, 2 and 4. I would propose to
bring this information back at either the first or second City Council meeting in June.
QI. Annual Compermation Survey - Pacific Region: This is the annual salary data compiled
dpub�sh ed by the International City Management Association upon which the city has based its
management compensation adj ustments in the recent past. The average of cities in the 10,000 to
25,000 population range within the Pacific Region (California, Oregon, Washington and Alaska)are
generally used (a few positions have been compared to cities up to 50,000 in population based on
the scope of duties of the position). The city has sought to maintain its top management
compensation within 5% of the averages within this region.
Annual Compensation Survey - Pacific Sub-Region: The ICMA salary data is now
ailable on CD Rom. This makes it possible to isolate the data within specific sub-regions. For
example, data could be gleaned for cities in the 10,000 to 25,000 range for Northern California,
Oregon and Washington, or any combination of slates or sub-regions the City Council might wish to
compare.
3. Comparable City Survey:This approach would attempt to identify and survey cities within the
Northwest region deemed comparable to Ashland on a variety of indicators beyond population such
as local economy, tourism, cost of living (particularly housing costs which can vary significantly),
complexity and/or sophistication of public issues,quality of life within the community, total budget,
typ extent of services provided, number of employees, collective bargaining history,etc. This is a
rly complex undertaking.
4 C9mpar�rble Positiou Survey:Tfis appnh would identify and survey top managetnen
ti s:. tlnn the No them California, Oregon and Washington;region which are ca'irparable to
management pt>s,po in the City of Ashland to em s of sizeof depamttet hal Itttdget number of
erriployees;extent and type of services provrded,etc:The emphasiswiChthtsapproach rson
comparability of responsibility as opposed to population as the singularcorttrohlutg factor for
Comparison>(as with surveys 1 and 2).
emoranAunt
r April 28, 1995
a: _-Mayor and City Council
r Az
�rom: Peggy Christiansen'Assistant City Administrator
p$Uhjgd.' No Camping Ordinance and Companion Social Service Recommendations
` r
RECOMMENDATION:
1. Approve the proposed ordinance revisions on restricting camping in public places and restricting
disorderly conduct, offenses against persons and property and public liquor consumption.
2. Approve the proposed resolution which affirms the City of Ashland's commitment to the right of all
persons to use public streets and sidewalks and to be treated equally regardless of their economic or living
conditions.
3. At budget adoption, approve the Budget Committee's recommendation to provide$127,890 of funding
in FY 95-96 for programs in Ashland which aid the homeless.
4. Direct staff to implement(via Bike Patrols, Retired Service Volunteers, Central Areal Patrol Program
and other mediums)a more proactive education and referral program about the services available within the
region for the homeless.
5. Require a monitoring and feedback process resulting in periodic reports from staff to the City Council
(possibly within 3-4 months) on the impacts of implementation of the ordinance. Presumably we will be
able to develop appropriate mechanisms to "measure" any such impacts.
DISCUSSION: At the April 18, 1995 City Council meeting, the City Council received a request from the
Chamber of Commerce to enact a no-camping ordinance. In response, representatives from police,
administration, the city attorney, the municipal judge and Councilors Winthrop and Hauck met to discuss
the spectrum of social and public safety issues associated with Ashland's growing transient,homeless, street
populations. It is the consensus of this work group that the city should enact the proposed ordinance in
conjunction with proactive measures to support social service programs for the homeless.
A range of social services exist within the Ashland/Medford area which provide food and emergency
shelter for the homeless. 'Be Interfaith Care Community of Ashland (ICCA) provides a range of relevant
services including vouchers for shelter, snack foods, clothing, prescriptions and transportation. The ICCA
also provides client counseling and referral services. The proposed FY 1995-96 City of Ashland Budget,
recently approved by the budget committee, includes finding to ICCA in the amount of$127,890. The bulk
of these funds($105,000)are CDBG finds to be used for the acquisition or construction of a facility for
use by the homeless (showers, laundry, phone) to aid them as they seek to obtain permanent housing and
employment, plus an additional $15,000 of general support for ICCA. The remaining $7,890 will provide
direct assistance to clients in the form of food and shelter vouchers.
In addition to direct funding of social service agencies, the City can be more proactive in providing
information and referral to transient/homeless people. A referral card will be distributed by Police Officers
(via Retired Service Volunteers, Bike Patrol, Central Area Patrol Officer and front desk) so that those in
need of services are aware of what support programs are available. As an aside, the Police Department
continues to have at its disposal a "Traveler's Aid" fund within the budget to provide gas/transportation
vouchers to those in need.
Finally, with the adoption of the above ordinance, it is recommended that the City Council direct staff to
provide a monitoring and feedback process which results in periodic reports back to the City Council on
what impacts are being felt in the community, particularly by social service agencies, as a result of the
ordinance and referral program. It is envisioned that the intake processes of these social service agencies
will be able to provide some information as to whether the client was "referred" by the City of Ashland.
Attachments: Resolution
Report from Chief of Police
Proposed Ordinance
04/14/85 13:37 $503 482 2350 ASHLAND CHAMBER Q1001
Post-it•Fax Note 7671 Daro L 1 49061-
_ 2# E:jF
co P1 N
Ashland Chamber of.Commerce .
110 East Win St.
. P.O. Box 1360
Ashland,Orcyon 97520,0046
. 15031482"3486
DATE: April 14,. 1995
TO: . City Council
FROM: Michael Gibbs
President
RE: No Camping Ordinance .
The Ashland Chamber of Commerce is requesting the City Council enact a No
Camping Ordinance within Ashland..
The problem of transients has greatly increased over the past two years, especially
so this last year.While the panhandling,has been a problem mostly confined to summer,,this year
many stayed through the winter sleeping all town_
The Chamber appointed a committee,to look at the aggressive panhandling issue
and requested information on how other cities have handled it. We rely upon our Police
Department to gather information and our City Attorney to create any possible ordinances.
We have received many complaints from citizens, visitors and businesses
regarding this issue and decided to survey our members to determine how they.felt about a No
Camping Ordinance-The results were overwhelming in support of the City Council preparing a
No Camping Ordinance - 139 For, 9 Against. In addition to our members, many non-members
and citizens found out we were doing a survey and asked to give their input, which was also in
support of a No Camping Ordinance.
I %+rill be present at the City Council meeting Tuesday, April 18, to provide more
detailed information and answer any questions you may have.
INDEPENDENT PRINTING COMPANY.INC.
3930 PACHECO BLVD, 510-229-5050 FAX 510-229-5051 J �.i �•)
Ran 640 MARTINEZ,
TOLMA CA 94553
J 640 TOLMAN CREEK ROAD 503482-4711 FAX 503-482-4712
ASHLAND,OR 97520
QUALITY SINCE 1910 April 26, 1995
Mayor Catherine Golden
20 E. Main Street
Ashland, OR 97520
Dear Mayor Golden:
I urge you and the rest of our City Council to take issue with the transients and panhandlers that
are infiltrating Ashland. For well over a year I have noticed the problem increase and will not stand for it
anymore.
At the start, I felt everyone should be free to enjoy our town; I no longer feel that way. People feel
threatened and uncomfortable walking through the streets. These "problem people" play in the fountain
near the Chamber, stand on and destroy our expensive benches, sleep in store fronts on Main Street, sit in
defiance in the middle of sidewalks and almost always leave garbage where ever they stop.
There shouldn't be any reason to go on, for there is not one person who has recently tried to go to
a movie or walk through town who hasn't enjoyed the slum atmosphere of downtown Ashland.
Have you noticed a growing number of our teenagers who are joining this scene?It is not good,
and Ashland promotes it. They have homes but are the worst.beggars from my experience.
I take exception to the foul language and do not want to walk over someone sitting in defiance in
the middle of the sidewalk. The people I am referring to are breaking laws that are not enforced. I have
seen police walk right by these people. They don't have to have the kind of confrontation I have.
Last summer someone sold tee shirts that said "No,I don't have a quarter", Ashland, Oregon. I
laughed then,I don't anymore.
Every citizen and visitor I asked feels this panhandling, transient segment is a major problem. Most
cities may have something like this in a "bad part of town". Ashland lets it happen right in the center of
town.
This whole matter could be quickly cleaned up by the City Council using its influence. I can assure
you all, it would be backed and applauded by a major portion of your constituency. I am not alone on this
matter and hopefully you will hear from others who agreed it's time to do something before it gets more out
of hand.
Sincerely,
LZac rornbacher
l.B;ps
r
I . �
Ashland Chamber of Commerce '.
' 190 East Moiln S.°
F, i .I - :P.O. Box 1360_
it Ashland;Oregon 975200046:
'' . . .
% - - X50314823486._
May2 1995: .
Memo `
TO: Ashland City Council` -
FROM:;. Robert Rasmussen; Vice President on belialf of
Michael Gibbs, Presrdent
Ashland'Chamber Board Directors
RE: Proposed "No-Camping" Ordinance for the of Ashland
We are very pleas -.that the recommendation that was made to the+Council to create a
"NoCamping'•'4ordinance two,weeks ago was dealt with rapidly and in,suck'a'well-thought out
and detailed,manner.`'As you know.from our previous comments;, this issue is:critical to the
gpality of life we all share hvmg''M Ashland, to the.visitors who come,here;and to the ability to
successfully operate "y businesses in Ashland
There are many uldividuals.aud busmesses interested in the social imph 'ations for those truly m `
-need. The Ashland business•community has been very in the pase•having:donated•
` '.Conservatively over5500,000 to community service,organization's in.1994 alone4taken.ffom a
recehvSmvev.done by SOk'ibr_the.Chamberj ,
If something is not done soon, however;to try to allevtate'the issues_a's have been.addressed in the •
proposed ordinance'aud recommendations;we are afraid the 0ioblem.will only_get worse and
'rapidly so; A's- am sure you know; Ashland cannot affor,&to lose the small'town charm that so' .
many love. -It is time to take.action.about this;;our most-pressing need, before we lose Ashland
as we know.a.
Thank you again for your work in'preparing this ordinance and we encourage its passage and
immediate implementation '
. r •
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RESOLUTION NO. 95-
A RESOLUTION AFFIRMING THE RIGHT OF ALL PERSONS TO USE
PUBLIC STREETS AND SIDEWALKS AND TO BE TREATED EQUALLY
REGARDLESS OF THEIR ECONOMIC OR LIVING CONDITIONS.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. Concurrently with the adoption of this resolution, the city is adopting and
implementing ordinances and programs to deal with the inappropriate uses of public
streets, sidewalks and places and to ensure that publicly-owned property is used for
its intended purpose.
SECTION 2. The city council desires to reaffirm and emphasize its commitment to the
citizens of Ashland regarding non-discrimination and equal opportunity for all persons
to use the public streets and places of the city so long as they are not engaged in
specific criminal activity. Factors such as dress, unusual, disheveled or impoverished
appearance do not alone justify enforcement action. All persons are to be treated
equally regardless or their economic or living conditions. The homeless enjoy the
same legal and individual rights afforded to others. City officials and employees shall
at all times respect these rights.
SECTION 3. The adoption of the ordinance criminalizing certain conduct within the
city is not to be viewed as an intent to discriminate against a particular group and law
enforcement officers shall enforce these provisions in a non-discriminatory manner.
The police department shall keep statistics on the enforcement activities resulting from
the adoption of these new provisions and report to the council when requested.
SECTION 4. The city has supported in the past and continues to support through
funding and other resources many programs delivering services and assistance to our
less-advantaged citizens. The city will continue to provide information about these
programs which utilize social workers and health workers and offer shelter, medical
care and general assistance to needy persons including the homeless. The city will
make referrals to social service agencies and endeavor to familiarize the homeless with
those services and programs available to them.
SECTION 5. It is the intent of this council to have law enforcement officials, local
agency officials and outreach workers periodically meet to assess the effectiveness of
the ordinance and these programs, to discuss whether the campsite removals are
occurring in a humane and just manner and to determine if any change is needed in
the policies affecting the homeless. The Chief of Police is directed to report to the
council within three to four months of the date of this resolution his assessment of the
effectiveness of the enforcement of the ordinance and these programs.
This resolution was read by title only in accordance with Ashland Municipal
PAGE 1-RESOLUTION Ip:ordlpanha.,d.ftea)
Code §2.04.090 duly PASSED and ADOPTED this day of
, 1995.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of 1995.
Catherine M. Golden, Mayor
Reviewed as to form:
Paul Nolte, City Attorney
PAGE 2-RESOLUTION (P:orftanhana.Res1
ASHLAND POLICE DEPARTMENT
MEMORANDUM
April 27, 1995
'TO: Mayor Golden
City Council
City Administrator
Assistant City Administrator
FROM: Gary, E. Brown
RE: Transient Population
Recommendation:
It is recommended the City support the Chamber' s request for a
"No Camping" ordinance (and related ordinances) to address
problems associated with an increasing transient population.
Background:
- - The Ashland Chamber of Commerce has requested consideration for
the adoption of a "no camping" ordinance within the corporate
- "
---limits . -The request is the result of increasing concerns
regarding the conduct of transients and/or those who emulate that
lifestyle . The request followed a recent survey conducted by the
Chamber.
Evidently, a few years ago, the City of Medford passed a "no
camping" ordinance . To address the potential displacement
factor, staff proposed a similar ordinance for Ashland but it was
not favorably received. There were concerns it was strictly a
punitive measure and the City had not really taken steps to
assist people in a time of need.
In a recent report to the Mayor and Council, we identified the
transient/street people issue as our number one concern. We,
- - probably more than any other agency, are aware of the increasing
problem. Since 1990, we've seen a 165% increase in calls for
- service involving the category of "transient/homeless/street
people" . The types of calls involving "street people" are pan-
handling; trespassing; shop lifting; detox; drug violations ;
assaults; disorderly conduct ; sleeping in doorways ; and urination
in public, among others . Also, we've noticed the transient
population did not decrease this winter as in the past .
We also noticed increasing aggressive behavior and verbal
harassment towards the public via panhandling. As an aside, it
should be noted there is a distinction between those who are
truly homeless and those who wish to emulate the lifestyle of
being on the street . There has been a dramatic increase in the
latter, involving some local youth. Several of these "spare
changers" have homes in Ashland. Most transients appear able to
zina emptoymenL uuL PLC L LLVLUy uu Lice SLiC=L .
The problem area shifts from one place to another. We've had
temporary campsites result in problems for the neighbors on Water
Street, Clay Street, Orange Street and A Street, among others .
Since the original proposal to create a "no camping" ordinance,
there has been an effort on the part of the community, caring
individuals, non-profit groups and government agencies to address
the needs of the homeless/transients . Also, there may be other
opportunities for the City to contribute towards agencies that
provide services to those in need, thereby balancing ordinances
restricting such behavior.
The mission/vision of this department is to focus on the "spirit
of the law" vis a vis the "letter of the law" for first
offenders . However, the same philosophical statement indicates
for those that deliberately violate the law or continue to pose a
threat to others, we will and should take appropriate legal
action. It is our intent to enforce the proposed ordinance with
the "spirit of the law" approach in mind. For example, we have
many ordinances "on the book" restricting behavior and for the
most part, we ask for voluntary compliance . If someone wants to
flaunt the law, we will then take appropriate steps .
Also, there are accompanying ordinances being proposed (blocking
sidewalks, offensive physical contact, open alcoholic containers
and improper use of fountains) by staff, similar to that of the
City of Eugene. Evidently, Eugene codified several ordinances
dealing with aggressive panhandling. Even though, some of these
laws may already exist as State statutes, passage of these
ordinances should appease the business community that we are
listening to and share their concerns and also convey a message
to those who are behaving inappropriately.
As an aside, we also recognize that the with the cut backs of
State services to the mentally ill, we are seeing a significant
number of walking wounded on public streets who should be
institutionalized, under close supervision and/or on medication.
Benefits :
1 . Addresses an increasing problem in a proactive manner.
2 . Officers can deal more effectively with problem areas .
3 . Shows support for the needs of the business community
4 . Helps prevent the downtown core from deteriorating.
5 . Assists in minimizing health related problems .
6 . Sends a clear message that such behavior is not acceptable .
Downside :
1 . Will be seen by some as strictly a punitive measure .
2 . Some sections may be legally challenged.
Attachments : Excerpt/1994 Annual Report (to be published) .
SPECIAL STUDIES
1994 was another year where calls for service in certain
classifications continued to rise . Two areas were Homeless/
transients and mental transports .
1 . STREET PEOPLE
There is an increasing concern being expressed by the
business community/visitors/residents regarding transients and
their acting out behavior occurring in the downtown area .
Apparently it is now a year-round problem instead of seasonal, as
the number of "street people" did not decline as much at the end
of the season as in the past .
Calls for service involving this category of people have
increased considerably over recent years . The types of calls
generally associated with this group are acts of vandalism,
disorderly conduct, detox/drug violations, public disturbances,
trespass, vandalism, assaults, arrest warrants and shoplifting.
When asked what we (APD) are going to do about the "problem" , we
have continued to reply that the issue is not a police problem
but a community, county, regional, state and national concern.
The problem is compounded by the states inability to provide
adequate mental health services to those who are maladjusted
and/or drug and alcohol dependent . As a result, the number of
"walking wounded" in the community has increased considerably.
Also, there is an increasing number of local youth who want to
emulate that lifestyle. This is a sensitive issue with differing
points of view. The problem will not easily go away.
Calls for service (CFS) involving homeless/transients over the
past five years reflect the following numbers :
1990-178 calls 1993-387 calls up 143 .4%
1991-233 calls up 30 . 9% 1994-471 calls up 21 . 7%
1992-159 calls dwn 31 . 76%
This year, the most frequent calls involving those that
listed no address or are transient are :
TRESPASS 282 INCIDENTS UP 24 . 2% (25% TRANSIENTS)
SUSPICIOUS PERSON 536 INCIDENTS UP 36 .4°% (10 . 8% TRANSIENTS)
WARRANTS 54 INCIDENTS UP 5 . 916 (40 . 7% TRANSIENTS)
DISORD CONDUCT 174 INCIDENTS DOWN 7 . 9% (34 .4°% TRANSIENTS)
Over a 5 year period, the number of incidents the police
department has responded to, involving homeless/transients has
increased 164 . 61 A more accurate accounting was established in
1992, mid-year. Just looking at 1993 , the first full year that
we had accurate records, compared to 1994 , we saw a 21 . 71
increase in incidents dealing with transients .
ORDINANCE NO.
AN ORDINANCE RELATING TO AGGRESSIVE PANHANDLING;
INTERFERENCE WITH TRAVEL ON SIDEWALKS; MAKING IT
UNLAWFUL TO PLACE ANOTHER IN FEAR OF OFFENSIVE
PHYSICAL CONTACT; PROHIBITING OPEN CONTAINERS AND
IMPROPER USE OF PUBLIC MONUMENTS AND FOUNTAINS;
ADDING A NEW CHAPTER 10.46 TO THE ASHLAND MUNICIPAL
CODE RELATIVE TO UNAUTHORIZED CAMPING OR SLEEPING ON
PUBLIC PROPERTY; AND PROVIDING PENALTIES.
[ADDITIONS OTATED TO SHOW DELETIONS AND ADDITIONS. DELETIONS ARE �R AND
ARE $HAgED.
Recitals:
A. Numerous complaints from citizens, particularly downtown business owners,
tourists and residents have been made about certain types of aggressive behavior on
sidevvaIks,:. ..;tk
B. This aggressive behavior intimidates many citizens and visitors citywide.
C. From time to time persons establish campsites on sidewalks, public rights-of-
way, under bridges, and so forth; and such persons, by such actions create unsafe
and unsanitary living conditions which pose a threat to the peace, health, and safety of
themselves and the community.
D. Current state statutes and municipal ordinances do not regulate or control
this type of behavior, and such regulation is necessary to promote the health, safety,
and welfare of the City of Ashland.
E. Public streets and other public areas in the city must be maintained in a
clean and accessible condition.
F. Camping on public streets and other public areas interferes with the rights of
others to use those areas for the purposes for which they were intended.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 10.44.015 is added to the Ashland Municipal Code and section
10.44.020 is amended as follows:
PAGE 1-DRAFT ORDINANCE ta:o,dwenhwd.a.oi
Chapter 10.44
DISORDERLY CONDUCT
Sections:
10.44.010 Disorderly conduct
10 44 Ot5 Petlestrian Interference
10.44.020 Penalties
10 44fl15 Petlestnan Interference A No person'shall blgbk or Interfere with;
or attempt to block or interfere with, any person along a ptabllc sidewalk pr orty
area designed or tlesignatetl for pedestrian traffic, by any trleans, Inctuding but
no# limited to•sfanding, sitt ing or lying, on hat..p. a. of the sdewaGs or area used
for pedestrian travel or placing any objector vehicle In such sidewalk pr area
with tYte intent to interfere with free passage.;
No person shall block or interfere with, or attempt tp black or
Interfere with, pedestrian or vehicular entrances to public or prnrafe'property
abu#tmg a public Sidewalk with the intent to interfere with the free ingress #o pr
egress frgm such prgperty.
C This section shall not apply to any activity otherwise made lawful.
10.44.020 Penalties. Any person violating t#IS any section within this ohapter.
shall be guilty of a misdemeanor as set forth in Section 1.08.010.
SECTION 2. Sections 10.12.020 and 10.12.090 are added to the Ashland Municipal
Code as follows:
II. OFFENSES AGAINST THE PERSON
Chapter 10.12
ASSAULT
Sections:
10.12.010 Assault and battery.
10 12 020 Offensive Physical Contact!:
i0 12 090 'n.alties
1� 12 020 Offensive PhVsicaf Contact. No person shall cause or attempt tQ
cause another;person reasonably to apprehend that the person will; be
subJectetl to'any offensive physical cgntact, including but riot lirp►teC! to
touching, grab.bmg,or striking, either to the person or to personal.property in
the person s immediate possession;
PAGE 2-DRAFT ORDINANCE (c:a,awe„ne�a.sno)
10 12 090 Penalties. Any person violating any section within this chapter shall
be guilty of a misdemeanor as set forth in Section 1.08.010:
SECTION 3. Section 10.40.040 is added to the Ashland Municipal Code as follows:
r IV. OFFENSES AGAINST PUBLIC DECENCY
Chapter 10.40
LIQUOR REGULATIONS
Sections:
10.40.010 Bartender not to drink on duty.
10.40.020 License scope--Conformance required.
10.40.030 Consumption of alcoholic liquors in public places
prohibited
1i3,40.04t} Open;Gontainors Prohibited:
1040 0g {)taen Giantainers Prohibited. A person commits,the gffense of
srolatron iaf the open,container taw the person possesses on one's person;
while in or Capon any street, alley, public ground, or other public plaae. unless
the place has been Ircensetl for that purpose by the;Oregon Lquor Control
GammtSSia , any battle, can ar other receptacle conta�n�ng any alcohalrc lrqurir
>nrhrch has been opened, or a seat broken, or the contents of which have been
partially removed; tt shall>not tae a v�olatrara of this section, however, 'r# the
bottle, qan or other receptacle rs within a motor vehicle and.Ifl compliance with
OR 81 17{3, the open container taw in a motor vetrde.
SECTION 4. Section 10.56.030 is added to the Ashland Municipal Code as follows:
VI. OFFENSES AGAINST PROPERTY
-" Chapter 10.56
TRESPASS
Sections:
10 56.020 Trespass
1g 03E3 Prohibited Uses of
Founains and
t
Monu'mehts
__ 1Q 56 QnJ prohikt�tRd e of Fo���ns and n " s A' No person shall
climb, atand, ire_or sit upon any p..ubl�c statue, monument ordgcgratve•pr
PAGE 3-DRAFT ORDINANCE (P:.,d\P-.hane.eno)
drinking fountain except that a person may sit upon that portion of any such
monument or decorative'fob ntain!designed for sitting:
B. No person shall wash, bathe, shower, brush teeth or wash clothesge
other articles in any decorative or drinking fountain
SECTION 5. A new Chapter 10.46 is added to the Ashland Municipal Code and shall
read as follows:
........................................
Chapter 10:46
PROHIBITED CAMPING
tin €
.........................
'#0.46.070 Definitions
0 46.028 Camping Prohibited
1 0 46. 030 Steeping on Benches or Within Doorways Prohibited.
10 46 q4p Removal of Campsite
10-A6 05T Penalties..
10.46.010 Definitions. Unless the context requires otherwise, the fpilowing
definitions apply:;
A 'To„Camp" means to set up or to remain in 0r at a campsite:;
. .. .... ........... ... ............ .
B. "campsite" means any place where bedding, sleeping liag, or other material
used fQr bedding purppses, or any stove or fire isplaced> established, or
maintained for the purpose of maintaining;:a temporary place tq Irve;<whether or
not such pi n corporates the Use of any tent, lean to, sf%ack, ar airy other
structure, or any vehicle or part thereof:
10.46:020 Campino Prohibited. No person shall camp rn or upon any sidewalk;!
street, ai(ey, lane, public;right-of-way, park, or any!other publicly owned
property or under any bridge or viaduct, unless otherwise specifically authgrzed
by this code or,by declaration of the::Mayor in emergency circumstances.,
1046030 Sleepino on Benches i Within Doorways Prohibitetl A. Nq perSgn
shall sleep on public benches between the hours of 9 00 pm and 8 Oq a m
B. .....p person shall sleep in any petlestrian oK-yehicular entrance;
to pubhcor private property abutting a public sidewalk`
1046:040 Remove! of Campsite;; Upon discovery lof an unattended:campsite
removal of the campsite;:by the city may occur under the following:
circumstances:
A. Priorao remgving the campsite; the cityshall post a notice, 24 hours
in advance.
PAGE 4-DRAFT ORDINANCE (p:orakpanhane.eno)
B. At the time that a 24 hour notice is posteds the city:;shall infdrm'=a
IgCai agency that delvers social services to homeless individuals where the
notice has been posted
C 'The local agency may arrange far!outreach workers to visit fhb
campsite„where a ngtrce has been pgsted•to assess'the need fgr SqC at Service:
assis#anca m arranging shelter and' other assistance;
D.;AII personal property 11:b given to the,poUce department whether
2a hour notice is required or not. The property shalt be stored for a rtmimum
of 1a days durirlg which it;,will be reaonably availabe to any`mdividuai claiming
S-
ownership Any'persanat property:#hat remains unclaimed for 14'days may be
ciispasec3. of I"arpurpases of this,paragraph, "personal praperty� means any;
item that is reascrrably recognizable as belonging tp' a persoh and that has
apparent utility Items that have no apparent utiltty or are�n on insanitary
candmart may be unmediately discarded. Weapons; drug paraphemafia and
items iha# appear to be either stolen ar evidence of a crime shall be'groen to:
the police department.
E. The 24 hour notice requtred under subsection D afahis section shall,
trotppty.
1. )Nhen there are grounds•fgr law enforcement officials;;#a believg
that illegal activities other than Camping are occurnrg.
2 ;lr{.ihe event p..f an.exceptional emergency such as pessble she
contamination b} hazardous materials or when there IS-IM--1-1--.1-date eN. to
human_life,or safetyi
in ai~Ci5%} Penalties. A. Any person viglatirig section iQ aB.t324 or 10.46 03D
shay be guilty ofa misdemeanor as set forth in Section 1.Q8 410
E3 The court shalt consider in mrtigatton of any punis.,hment imposed
upon a'person convicted';of prohibttetl camping whether or not the person
immedi #ely removed the; campsite upon tieing cited For purpose qfi this
Section,'removaf of the campsite shall include all litter, ineluting but not UmrtecJ
#a bottles, cans,:garbage, rubbish and items of no apparent utility, deposited by
the person in and around the carhpstte. Alt Irtter in;and around the campsite
shall be presumed to be`,depositetl by the person"convicted o€ prohibited.
Carnpin j Such.presumption shall be rebuttable„however;,
PAGE 5-DRAFT ORDINANCE (p:ord\pan hand.ano)
Minutes of the ! 8
Jdf HOMELESS ACTION COALITION LL. j� x�L •
r Meeting: April 10, 1995 yyyYYY c I
The meeting was called to order by co-chair Chris Schaefer at 12:05 p.m.
in the First United Methodist Church.
1. Introductions The following were present:Steve Amundson, PeimyAnderson, Carol
Brubl Ron Pis ear Wayynne Pord,, Charles Cray, Pat Reimers, CynChia Rakis, Arthur flcComAs, Nac
r RcPadden, Nancy llcPadden, Nan an Malcolm, Tom Nusse/vhite, �la�ggaarita Nina, Pau/ Prensky, John
Randolph, Chris Schaefer Danielle .Smith, Nar! Sorg, Lots St=Jp, Nike Sussman, Jay Thiemeyer, Peggy
Thomas, Herb Vallee, VanLandingham, Rich Weinman, and Ste
Zphen Wolf.
2. The minutes of the March meeting, having previously been mailed, were
approved as submitted. The agenda, as submitted by the Steering Camuittee, and
as amended by the addition of the issue of the reopening of downtown Willamette
Q Street, was approved.
3. Referendum on Re-Opening Willamette Street at the Downtown Mall. Steve
Sussman noted his opposition to the ballot question, scheduled for May,
concerning the proposed re-opening of Willamette Street at the downtown mall , a
Proposition of sane of the downtown merchants which not only opens that main
y thoroughfare to two-way traffic through the area, but also will displace some of
the homeless teens and youth who now frequent the area around the fountain. Mike
urged those of the coalition who could to work toward the defeat of this costly
effort. Several other members also voiced their opposition to the initiative.
4. Cmmittee Reports:
Advocacy Karl Sorg, Convener of the committee, announced that the canping
ordinance violation, which the camdttee is challenging in the.State courts on
the grounds of its discriminatory enforcement against the poor, is now on appeal
from the Municipal Courts finding of guilt to the Lane County District Court.
Karl asked that anyone who observes unmolested violations in the more affluent
areas of Eugene should inform him in order that he may photograph and investigate
those incidents to further establish the clear discriminatory enforcement
practices in the city.
Education and Outreach. Tan Musselwhite, Convener, announced that the next"
meeting of the committee will be on May 4, at 9:00 a.m. in the HAC office at 458
Blair.
Finance and Develoruent. Mariem Malcolm, Convener, moved that the
membership approve the committee's recamnendation that HAC contract with Project
Recover for three months @$100 per month for furnishing HAC with administrative
services. The motion was seconded and unanimously approved by the manbership.
Marion further moved that Project Recover also be paid the sun of $100 to
complete work on the 1994 Earned Income Credit campaign. It was seconded and
Passed unanimously. Marion also announced that the Steering Camuittee approved
the expenditure to the Advocacy Gmmittee to furnish the $130 necessary for the
posting of a bond and the filing costs for the appeal in the camping ordinance
suit.
Political and Legislative Cynthia Kokis, Convener, announced that the
committee is following the issue of funding low-cost housing in the area and will
report at the next meeting of any progress.
Hunan Rights. Wayne Ford, Convener, announced that the HAC "Rights Cards"
have been reviewed by the ACLU and are suitable for distribution to both youth
and adults in defining for then their respective rights when under police
Tel. (603)482.1628
�;}n^
Richard C. Cottle
390 Ashland St. )
Ashland, Oregon 97620
April 28, 1995
TO: Mayor Kathy Golden and Ashland City Council Members:
Re: Proposed Ordinance No.
(Relating to Amending Procedures of the Land Use
Ordinance, etc.)
COMMENT #1: "The Deferential Standard of Review:" ("Interpretation of local laws";
The City of Ashland versus LUBA.)
The Oregon Supreme Court in Clark vs. Jackson County, 313'Or. 508.
(1992), declared that when LUBA is reviewing land use decisions, it must affirm the
local government's interpretation of its own ordinance, unless that interpretation is
clearly inconsistent with the express language of the ordinance. LUBA cannot sub-
stitute its own interpretation for that of the City Council.
Emphasis has been placed above on the term 'City Council', because
subsequent Court of Appeals and Supreme Courts' decisions have distinguished
between the mandatory application of the 'deferential standard of review' theory, as it
relates to reviews of final decisions made by City Councils ( and by Statute by County
Commissioners), and those land use decisions made by local 'hearings officers', or
bodies not elected by the citizens.
" The principles underlying this court's decision in Clark, discussed infra,
however, support the conclusion that the deference required by that decision
does not apply to the interpretation of a local ordinance by a hearings officer,
when as was true here there was no appeal of the hearings officers decision to
the responsible political body," ( Gage vs. City of Portland, 319 Or. 308, page
315.) (Emphasis supplied.)
It is noted that the proposed Ordinance admendments under discussion
do not establish a'hearings officer', but the the rationale for not requiring LUBA to defer
to the interpretation of local law if not made by the Council also would apply to the
Planning Commission. Neither are involved in the legislative process.
" The principles underlying Clark are perhaps best illustrated by an
examination of several earlier cases involving deference to a local
government's interpretation of its own enactments. . . . . .although the courts
themselves are 'finally responsible. . . . (for interpretation), .'. . it is the Board (of
Commissioners) itself, composed as it is of popularly elected local officials
directly accountable to their constituency.....that. in the first instance should have
the power and right to interpret local enactments." ( Gage vs. City of Portland,
319 Or. 308, page 315, quoting from Fifth Avenue Corp. v. Washington Co., 282
Or. 591.)( Emphasis supplied.)
"Because a hearings officer is not a member of the popularly elected
governing body, such a person is neither politically accountable to the
community nor an integral part of the legislative process by which local
land use ordinances are enacted." ( Gage, supra., page 317).
SUGGESTION #1.
The proposed procedural amendments relating to "Staff Permit Procedure",
"Type I Procedure" and " Type II Procedures" do not mandate nor allow an appeal of
their decisions to the City Council; instead, the Planning Commission's decisions in
these matters become the "FINAL DECISION OF CITY", and an appeal therefrom must
be directly to LUBA.
In the event any such decisions shall have been based upon "an interpretation"
of an Ordinance or Resolution, that issue of proper interpretation should be settled as
a Final Decision" by the City Council to insure the application of the "Deferential
Standard of Review" theory. WITHOUT such a final decision by the City Council as to
the interpretation, LUBA would NOT be required to adhere to local understanding or
intent
COMMENT #2. Proposed Amendments in 18.108.160. (Ordinance Interpretations.)
(1). This section refers only to the "administration of Land Use Ordinance (s)".
A reference made to the interpretation any land use Resolution or policy, procedural
or otherwise, may become the issue in dispute. The inclusion of such legislation, even
though advisory, should be considered.
(2). In the event an interpretative issue arises at the level of the Staff Advisor,
consideration should be given to allowing an appeal from the decision of the Staff
Advisor directly to the Council, avoiding the necessity of first presenting it to the
Planning Commission. What was intended by the Council, the source of that matter,
is what is sought, not what the Commission may consider it tohave been.
The obvious effort that has been expended by all concerned with this project is
appreciated. Rather than consume valuable time at the public hearing, it would be
appreciated if these thoughts would be made a part of"the record", and distributed to
council members, perhaps prior to the meeting, if such is acceptable.
Your truly, ,y/�
�r
April 27, 1995 Id 11
D-1 J u,U.
DEPARTMENT OF
TRANSPORTATION
REGION 3
ASHLAND DAILY TIDINGS
TED TAYLOR, MANAGING EDITOR
PO $OX 7 FILE CODE:
ASHLAND OR 97520
Dear Mr. Tayor:
Just a few lines to say thank you for your help in telling where to send this for Paul. The
attached "guest editorial" has been written by Paul R. Mather, Region Manager, located
in Roseburg. The document contains 473 words.
It was nice chatting with you about your lovely city. I hope its future continues to be a
bright spot in Oregon.
Sincerely,
ShirleyMae Cole
Executive Secretary
smc
attachment
editorial .doc
1500 NW Stewart Pwkw:
Roseburg, OR 97470
(503) 440-3399
714-1820 (0-114) FAX (503) 440-3465
n
April 28, 1995
DEPARTMENT OF
TRANSPORTATION
ASHLAND DAILY TIDINGS REGION 3
PO BOX 7
ASHLAND OR 97520
FILE CODE:
For the past several months, there has been a great deal of discussion about the project to
improve the intersection of North Main Street and Maple Street in Ashland. As Region
Manager for the Oregon Department of Transportation (ODOT), I am responsible for the
development and safe operation of the state transportation system in SW Oregon. What
ODOT and the community agree on is that there is a safety issue at this intersection, but
how and when it is resolved has been the core of the discussion.
Several years ago ODOT recognized a high rate of accidents at this intersection. Our
research shows that two thirds of the total accidents involve rear end type collisions
between vehicles turning left from N. Main Street on to Maple Street. Our experience
tells us these crashes can only be prevented by the addition of a dedicated turn lane. A
traffic signal alone would still leave vehicles stopped - and exposed to the threat of a year-
end collision - in a through lane.
The placement of traffic signals is critical to safe operation of intersections. Installing a
signal can have an adverse impact on the accident rate. For example, angle-type
accidents may decline, but rear-end collisions may significantly increase. The federal
government has established eleven different standards to determine when an intersection
requires a signal. When we first studied the North Main Street-Maple Street intersection,
it did not qualify under these national standards.
One of the Department of Transportation's goals is to be responsive to the concerns of its
customers - the people who live in the community and use the streets and highways.
When the community voiced its concerns about this intersection we re-examined our
decision and included the community's concern and the potential for growth in the
process. We have now found that increasing traffic volumes would soon meet the
national standards for a traffic signal at this intersection.
Part of the mission of ODOT is to provide a safe transportation system With the data I
have, I believe our decision to install a left turn lane and signal at this intersection is a
responsible decision. In response to community concern, we have the delayed the start-
up date of this project from spring to fall to avoid inconveniencing patrons attending the
Shakespearean Festival this summer.
1500 NW Stewart Parkw:
Roseburg, OR 97470
(503) 440-3399
7.141$24 (o.04) FAX (503) 440-3465
Ashland Daily Tidings
Page 2
Several people, in discussions over the last several months, have asked for solutions that
are not "build" solutions. Solutions that reduced the vehicles use of this intersection
rather than expand it. Unfortunately, with today's transportation demands and
transportation policies these types of solutions are not responsive to the immediate safety
concerns. However, the State of Oregon and ODOT can learn much from the successes
that the community of Ashland has had with multimodal solutions and land use and or
transportation policies that can, in the long-term, reduce our reliance on single occupant
vehicles.
Sincerely,
aul R. Mather, P.E.
Region Manager
cc: City of Ashland
a:atidings
I'o AM,
� AQmoranAnm
eRF6° April 18 , 1995
Q: Brian Almquist, City Administrator
�r
rIIm: Steven Hall, Public Works Director _
jx�IjQt#. Dogwood Way - Creation of a Public Way
7 m -
Attached is a memorandum from Jim Olson in reference to the homeowners request
to change Dogwood Way from a private to a public street. Jim has been working
with the neighborhood to form an LID to improve the street to City standards.
The difficulty at this point in time is the ability to construct a sidewalk to
meet current Council policy.
Staff is asking direction of Council in relation to sidewalks and this specific
project.
s
cc: Jim Olson, Assistant City Engineer -
Enc: Olson memo 4/7/95
(c:\street\dagwood.mem)
of AS-Y
Qma ran dum
0 4FGG�
April 7, 1995
Steve Hall
ram: James H. Olson, Assistant City Engineer
�ubjPCt: DOGWOOD WAY - CREATION OF PUBLIC STREET
As we have discussed before, the homeowners association of the Applewood Subdivision have expressed a desire
to upgrade Dogwood Way to City standards and to dedicate it as a public way. The first inquiry came to us early
in 1989 and at that time the homeowners were notified that the work necessary to bring the street to City
standards would be to install curb and. gutter and overlay the existing asphalt surface.
In response to my letter of March 17, 1995, regarding future widening and improvements, you mentioned that the
Council may require that sidewalks be installed if an L.I.D. is formed to make the necessary improvements on
Dogwood Way. It is hoped that any requirements for sidewalks can be waived for the following reasons:
1. The land is extremely steep with cross slopes in excess of 20% in many places. To install
sidewalks would require construction of extensive retaining wall systems. In many cases the
retaining wall would be designed to support a heavy surcharge including the house itself.
2. The Subdivision was developed in the early 1980's and some of the houses are now 12 years old
with extensively landscaped yards. To widen the sheet enough to install oohs, sidewalks, retaining
walls, and the footings for the wall, would destroy much of this landscaping. Since this area was
developed prior to the time that sidewalks were being required they were not anticipated nor
considered along Dogwood Way. The destruction of such an extensive amount of landscaping and
private improvements would be difficult to justify.
Since nomtal front yard set-backs did not apply to Dogwood Way as an easement, many of the
homes are very close to the proposed right-of-way.
3. Dogwood way is a short dead end stmt, 550 feet long, temunating at a hammer head type turn-
around. There are no pedestrian easements in the Subdivision nor are there other outlets onto
Dogwood Way, other than individual driveways.
Wiley Street, onto which Dogwood Way enters, also has no sidewalks and is also
extremely steep.
May we please attain a Wiling from the Council regarding the requirement for walls along Dogwood Way. If the
Council is insistent on installing walls as part of the L.I.D. process, the project would not be economically
feasible.
Would you schedule this matter for Council hearing in the near future?
(c:\mglnccr\dogwood.man) -
APR Z 4 1995 sslae From �LrGC
.,��wA��� �_♦ wcrnint wVirir Pnono•
RD OF coMMISSIONERS Rh o Pho" (o,-
V� •\ �� �� 'Y' Fazes F
S
HB3458
SUMMARY
Establishes procedures for local governments and state agencies to col-
laborate on regional planning.
1 A BBL FOR AN ACT
2 Relating to collaborative regional planning; creating new provisions; and
3 amending OILS 197.717.
13e It ]inacted by the people of the State of Oregon:
SEC=i ION 1. Scctjous 2 to 4 of this :1ct are added to and ntnde a parr
of OIIS chapter 197.
7 SEC—HON 2. As used in ORS chapters 195, 196 and 197, unless the
9 context requires otherwise, rr.giou means an area of one or more
9 counties, together with the cities within the county or counties.
10 SECrION 3. Local governments may enter into a collaborative rc-
11. gional probleut-solving process. A collaborative re},ryonal problem-
12 solving process is u planning process directed toward resolution of land
t3 nse problems in a region. The process must offer an opportunity to
t.1 participate to appropriate state agencies and all local governments
15. No,-ithin the region affected by the problems that are the subject of the
16. problem-solving process as agreed by the collaborators. The process
17 must include efforts among the collaborators to agree on goals, ob-
13 jectives and measures of success for steps undertaken to implement
19 the process as set forth in section 4 of this 1995 Act.
20 SECTION 4. (1) Upon invitation by the local governments in a re-
21 gion, the Land Conservation and Development Commission, the De-
22 'partment of Land Conservation and Development and other state
23 agencies may participate with the local governments in a collaborative
24 regional problem-solving process.
NOTL- Racer is ppjd(and VP u.a axeudld aacn.a is or►arl'.c I•r.fi.aal{.Q1.a it i,tavtinj lamb 6e mieuQ
1 (2) Following the procedures set forth in this subsel:tion, the com-
2 mission may acknowledge amendments to comprehensive plans and
3 land use regulations, or new land use regulations, that do not fully
4 comply with the statewide planning goals, without taking an -excep-
5 Lion, upon a determination hat:
G (a) The amendments or new provisions are based upon agreements
7 reached by participants, including the department and other partic-
8 ipating state agencies, in the regional problem-solving process;
9 (b) The regional problem-solving process has included agreement
10 among the participants on:
11 (A) Regional goals for resolution of each regional problem that is
12 611(1 subject of the process;
13 (13) Optional tot'.iuliques to Achieve the goals for each regional
1 . pL-ohlem ,!l:lt is the suiiject of the process;
15 (C) ,pleasurable indicators of performance toward achievement of
1G the goals for each regional problem that is the subject of the process;
17 (p) A systern of incentives and disincentives to encourage success-
1R ful implementation of the techniques chosen by the participants to
19 achieve the Koals;
20 (1;) A systern for monitoring progress toward achievement of the
21 goals; and '
22 (1 ) A process for correction of the techniques if monitoring indi-
23-' cater that llte techniques are not achieving the goals; And
24 (c) The agreement reached by process participants and the imple-
25 menting plan amendments and land use regulations conform, on the
26 whole, with t11e purposes of the statewide planning goals.
27 (3) A local government that amends an acknowledged comprehen-
2s sive plan or land use regulation or adopts a new land use regulation
29 in order to implement an agreement reached in a regional problem
30 solving process shall submit the amendment or new regulation to the
31 commission in the manner set forth is ORS 197.623 to 197.644 for peri-
(21
I
LC 3911 412419;
1 odic review or set forth in ORS 197.251 for acknowledgment.
2 (4) The conuuission shall have exclusive jurisdiction for review of
anleltdnients or lrew regulations described in subsection t3) of this
4 section.
5 (5) If, in order to resolve regional land use problems, the 1tartic-
6 ipants in a collaborative regional problem-solving process decide to
7 devote agricultural land or forestland, as defined in the statewide
s planning goals, to uses not authorized by those goals, the participants
9 shall choose land that is not part of the region's commercial agricul-
10 tural or forest land base, or take an exception to those goals pursuant
11 to ORS 197.732. To identify l:md that is not part of the region's com-
12 a2;17iciiaiiral or forest land base, the participants shall consider
CUIrllnittRe of pC2 :Sppointed by the af-
cecununcn< ;tteit of
1 ; Ceded county, with expertise in nppropriatc field s. inclu(L'119 but nut
1s limited to farmers, ranchers, foresters and soils scientists and repre-
riculture, the State D
1G sentutives of the State Department of A6
17 meat of Forestry and the Department of Land Conservation and
1s Development.
19 c)ECI'ION 6. ORS 197.71'T is amended to read:
20 197.717. (1) State agencies shall provide technical assis Knee to local
21 governments in:
2'- (a) Planning and zoning land adequate in amount, size, topo t'aphy,
23. transportation access and surrounding land use and public facilities for the
24 special needs of various industrial and commercial uses;
25 (b) Developing public facility plans; and
26 (c) Streamlining local permit procedures.
27 (2) The Economic Development Department shall provide a local govern-
29 ment with state and national trend" information to assist in compliance
29 with ORS 197.712 (2)(a).
30 (3) The Land Conservation and Development Commission shall develop
31 . tnodcl ordinances to assist local governments in streamlining local permit
3]
LC 3911 4/24/95
I procedures.
z (4) The Department of Land Conservation and Development and Cie
3 Economic Development Department shall establish a joint program to
4 assist rural communities with economic and community development
5 services. The assistance shall include, but not be limited to, grants,
G loans, model ordinances and technical assistance. Tile purposes of the
f
7 assistance are to remove obstacles to economic and community de=
8 velopment and to facilitate that development. The departments shall
9 give priority to communities with high rates of unemployment.
10
[4]
< OF ASII
� Pmor �xrt � ixm
OREGOd
• April 21, 1995
Tv: Brian Almquist, City Administrator n
�r -
rIIm: Steven Hall, Public Works Director 11, ]M.
,�$Ubjprt: Sewer Connection Request - 1021 Clay Street - Tax Lot 800, 39-
1E-14CC
STAFF RECOMMENDATION
City Council approve request for sewer lateral with following conditions:
1. Property Owner meet all requirements of AMC 14.08.030, Connection -
outside City, Inside Urban Growth Boundary. [copy attached]
2 . Property Owner not be allowed to connect existing home to sewer
lateral until after the annexation of their property to the City of
Ashland. [Signed agreement would be recorded with the property at
Jackson County Assessor's Office]
INFORMATION
The property is inside the Urban Growth Boundary and adjacent to the City
limits. The flag portion of the lot is inside the City limits.
This portion of Clay Street is scheduled for pavement overlay this summer which
will not allow cutting of the street for five years without Council approval.
Mr. and Mrs. Gunther wish to have a sewer lateral extended from the existing
sewer line in Clay Street to their property line.
Currently, their septic system is working properly. They plan on connecting to
the lateral in the next few years .
With this approval, partitions of the property wouldn e allowed as specified in
AMC 14 . 08 . 030. F. .I\
The payment of Systems Development Charges would be deferred until such time as
the property was connected to the sewer lateral. All fees for the cost of the
lateral construction will be paid by the Gunthers prior to installation by the
City.
PAGE 1-(c=wcrv10216.Y.Mem)
The future connection will not have detrimental effects on the Ashland sewage
facilities.
cc: Mr. and Mrs Gunther, applicants
Jim Olson, Assistant City Engineer
Dennis Barnts, Water Quality Superintendent
Enc: Gunther letter of 3/30/95
AMC 14 . 08 . 030
vicinity Map
Tax Lot Map
PAGE 2-(c:Kw«\1021wy.M.)
Title 14
14 08 030 Connection - Outside City, Inside Urban Growth Boundary.
Premises located outside the City of Ashland and inside the urban growth
boundary may be connected to the sewer system when such connection is
determined by the Ashland City Council to be in the best interest of the City of
Ashland and to not be detrimental to the City's sewage facilities. Such
connection shall be made only upon the following conditions:
A. The applicant for sewer service pay the sewer connection fee and the
systems development charges established by the City Council. (Ord. 1954 S3,
1978; Ord. 2019 S3, 1979; Ord. 2092 S3, 1980; Ord. 2147 S1, S2, 1981; Ord.
2263 S3, 1983; Ord. 2316 S3, 1984; Ord. 2322 S1, 1984; Ord. 2449 S3, 1988)
B. In the event dwellings or buildings connected to the sewer system are
subsequently replaced for any reason, then the replacement building or dwelling
may continue to be connected to the sewer system of the City as long as the
use of the sewer system will not be increased as determined by the Director of
Public Works.
C. There is an existing Ashland sewer main or line to which the premises can
be connected.
D. The applicant furnish to the City a consent to the annexation of the land,
signed by the owners of record and notarized so that it may be recorded by the
City and binding on future owners of the land.
E. The applicant shall provide for the payment to the City by the owners, at the
time of annexation, an amount equal to the current assessment for liabilities and
indebtedness previously contracted by a public service district, such as Jackson
County Fire District No. 5, multiplied by the number o years remaining on such
indebtedness, so that the land may be withdrawn from such public service
districts in accord with ORS 222.520 and at no present or future expense to the
City. (Ord. 1820, 1974; Ord. 2147 S2, 1981; Ord. 2314 S2, 1984; Ord. 2322 S1,
1984)
F. The owner shall execute a deed restriction preventing the partitioning or
subdivision of the land prior to annexation to the City.
G. That the land is within the Urban Growth Boundary. (Ord. 2322 S2, 1984;
Ord. 2704, 1993)
Title 14 Page 3
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GUNT- . REQUEST 1 F— = Q TAX LOT MAP
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a OfAS,y O Memorandum
°arGo�,•' April 27, 1995
�a: Brian Almquist, City Administrator
ram: Steven Hall, Public Works Director
,$-UbjP& Sewer Connection Request - 180 Crowson Road - 39-lE-13C TL 2100
STAFF RECOMMENDATION
City Council approve request for sewer lateral with following conditions:
1. Property owner meet all requirements of AMC 14.08.030, Connection -
Outside City, Inside Urban Growth Boundary. [copy attached]
2 . Property owner sign agreement to participate in the cost of
constructing future sanitary sewer improvements in Crowson Road.
3 . Property owner agree to connect to sanitary sewers in front of 180
Crowson when they are constructed.
INFORMATION
The property is inside the Urban Growth Boundary and adjacent to the City
limits.
Since Mr. Zurflueth did not include documentation of the septic tank failure
from Jackson County, I contacted the County and asked for a letter explaining
the situation at 180 Crowson Road. The attached letter from Robin Davis
outlines the problems with the existing system.
The owner will have to install a sewage pump in the home and pump the sewage to
the nearest existing manhole located in the Barrington Place Subdivision. The
pump and line to the existing manhole will be under private ownership.
The future connection will not have detrimental effects on the Ashland sewage
facilities.
cc: Mr. Wayne Zurflueh, applicant
Jim Olson, Assistant City Engineer
Dennis Barnts, Water Quality Superintendent
Robin Davis, Environmental Health Specialist, Jackson County
Enc: Zurflueth letter of 4/7/95
Davis letter of 4/25/95
AMC 14.08.030
Vicinity Map
Tax Lot Map
April 7, 1995 APR 1 01995 D
CITY OF ASHLAND
Mr. Steve Hall
Public Works Director
City of Ashland
Ashland, OR 97520
Mr. Hall:
A Jackson County sanitarian has determined that the drain
field of the septic system at the home I own at 180 Crowson
Road, Ashland, is failing and they will not allow me to make
repairs at that site, but that I must make other arrangements.
I am requesting that I be allowed to hook my home sewer up
to the Ashland sewer system. I agree to the terms of the
Ashland municipal code relating to sewer service outside the
city limits and within the urban growth boundary and they
are acceptable to me.
` 7-
T'hank you.
X
Waynd Zurflue
P.O. Box 1788
Florence, OR 97439
JACKSON COUNTY OREGON PLANNING AND
1111111/ 10 S.OAKDALE• MEDFORD,OREGON 97501 DEVELOPMENT
SERVICES
• (503) 776-7554
FAX: (503)776-7384
April 25, 1995 D Q 1
Steve Hall APR 16 1995 .: .
Public Works Dept.
20 East Main CITY CF fi� i F^''`i
Ashland, OR 97520-1814
Dear Mr. Hall::
On 3-27-95 I was on the above referenced property in response to a septic permit application.
The existing system was installed in 1969 and is currently failing. Unfortunately this 0.5 acre lot
has very limited space available for the installation of any type of repair system. The creek runs
along the rear boundary of the property which would make construction of a system impossible
in back of the residence meeting any reasonable setback. The existing drainfield is currently
twenty five (25) feet from the creek. There is no other location on the lot with enough physical
space available for installation.
Mr. Wayne Zurfleuh who is the owner of the lot also owns the neighboring tax lot 2000. There
is more space available on this parcel for installation, however the well on tax lot 1900 is just
over the property line and would require a 100 foot setback. This essentially eliminates using
this lot because the 100 foot radius around the well encompasses the entire portion of the lot that
is out of the flood plain.
It is our opinion that the best solution to the sanitation problem on this lot is connection to sewer.
Installation of an on-site system would result in degradation of public waters and could
potentially cause a public health Hazard.
Please give strong consideration to the applicants request for connection to sewer. If I can be of
any assistance please feel free to call me. My office hours are between 8:00am and 9:30 am on
Monday and Tuesdays.
Sincerely,
Robin Davis
Environmental Health Specialist
A_
Title 14
14 08 030 Connection - Outside City. Inside Urban Growth Boundary.
Premises located outside the City of Ashland and inside the urban growth
boundary may be connected to the sewer system when such connection is
determined by the Ashland City Council to be in the best interest of the City of
Ashland and to not be detrimental to the City's sewage facilities. Such
connection shall be made only upon the following conditions:
A. The applicant for sewer service pay the sewer connection fee and the
systems development charges established by the City Council. (Ord. 1954 S3,
1978; Ord. 2019 S3, 1979; Ord. 2092 S3, 1980; Ord. 2147 S1, S2, 1981; Ord.
2263 S3, 1983; Ord. 2316 S3, 1984; Ord. 2322 S1, 1984; Ord. 2449 S3, 1988)
B. In the event dwellings or buildings connected to the sewer system are
subsequently replaced for any reason, then the replacement building or dwelling
may continue to be connected to the sewer system of the City as long as the
use of the sewer system will not be increased as determined by the Director of
Public Works.
C. There is an existing Ashland sewer main or line to which the premises can
be connected.
D. The applicant furnish to the City a consent to the annexation of the land,
signed by the owners of record and notarized so that it may be recorded by the
City and binding on future owners of the land.
E. The applicant shall provide for the payment to the City by the owners, at the
time of annexation, an amount equal to the current assessment for liabilities and
indebtedness previously contracted by a public service district, such as Jackson
County Fire District No. 5, multiplied by the number o years remaining on such
indebtedness, so that the land may be withdrawn from such public service
districts in accord with ORS 222.520 and at no present or future expense to the
City. (Ord. 1820, 1974; Ord. 2147 S2, 1981; Ord. 2314 S2, 1984; Ord. 2322 S1,
1984)
F. The owner shall execute a deed restriction preventing the partitioning or
subdivision of the land prior to annexation to the City.
G. That the land is within the Urban Growth Boundary. (Ord. 2322 S2, 1984;
Ord. 2704, 1993)
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DEPT.OF ASHLI.ND
DEFT. OF sHl.AN PUBLIC WORKS
ENGINEERING DIVISION
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REVISED 01-23-92 RDS
REVISED 11-22-93 RDS
REVISED 11-30-94 RDS
VICINITY MAP
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April 17, 1995
�n- Mayor and City Council
rum: Jill Turner, Director of Finance
�1tCtjEt : Budget Transfers
Recommendations Staff recommends the approval of the attached resolution amending the 1994-95 Budget.
Discussion It is normal that Budget amendments are made this time of year. The following Transfer of
appropriations lists several changes that need to be made to the Budget. Each change is explained after the
numbers.
RESOLUTION NO. 95-
A RESOLUTION TRANSFERRING APPROPRIATIONS WITHIN THE
1994-95 BUDGET
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1.
Due to the circumstances stated below, the Mayor and City Council of the City of Ashland
determine that it is necessary to transfer appropriation as follows:
GENERAL FUND
To Social Services - Travelers Aid $ 2,000
Police Department - Crime Prevention 5,000
Fire Department - Overtime 9,000
Miscellaneous - Recycle Grant program 10,000
Miscellaneous - Bad Debts 2,500
Miscellaneous - Cable Access 35,000
Economic Development - SOREDI 3.500
Total 67,000
From Contingency 67,000
The social service allocation allows for the expenditure of donated monies. The crime prevention
expenditure of$5,000 was offset by a donation of a like amount. The Fire Department overtime
was incurred on the Hull Mountain Fire and was reimbursed. The recycle grant was carried over
from the previous budget year. The miscellaneous bad debt expense represents a one-time write
off. The Cable Access appropriation will cover payment of the Peg Access fee which will be
doubled in this fiscal year due to the late receipt of these monies last year. The SOREDI
expenditure was directed by City Council in July of 1984.
CAPITAL IMPROVEMENTS FUND
To Transfer to Debt Service 65,000
Transfer to Golf Course 17.000
Total 82,000
From Capital Outlay 82,000
The monies set aside for the Golf Course in the City Capital Improvements Fund (monies from the
lease and the golf surcharge) were higher than expected. Therefore the Budget should be increased
so all these monies can be transferred to the new Golf Course Fund.
CENTRAL SERVICES
To Administration Professional fees 6.500
From Contingency $ 6,500
This will cover costs associated with Council facilitation and the job classification study.
WATER FUND
To Debt Service principal $ 85,500
Debt Services Interest 165,000
Capital Outlay - WTP 99.000
Total 349,500
From Transfer to General Bond Fund - Operations 59,500
Transfer to General Bond Fund - Construction 90,000
Contingency 200.000
Total 349,500
The original budget called for a general obligation bond. The City chose to issue a revenue bond,
which is accounted for within the fund instead of being transferred to another fund. Also, an
additional $101,000 in debt service was required in this budget year. The second change increases
the capital outlay appropriation for the water treatment plant, which is moving along faster than
originally planned.
GENERAL BOND FUND
To Debt Service -149.500
From Transfer from Water Fund- Operations -59,500
Transfer from Water Fund- Construction -90.000
Total -149,500
This debt service is reduced because of the changes to the Water Fund.
EEQUIPMENT FUND
To Capital Outlay 60.000
From Contingency $ 60,000
This appropriation is to cover costs associated with purchasing two water vehicles and an emergency
backup generator for the wastewater treatment plant. One of the used vehicles will replace the
Blazer used in the forest interface patrol.
This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly
PASSED and ADOPTED this day of 1995.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of 1995.
Catherine M. Golden, Mayor
P R iewed as to form:
J
Paul Nolte, City Attorney
2