HomeMy WebLinkAbout1995-1107 Council Mtg PACKET m n : Any citizen attending Council meetings may speak on any item on the agenda, unless it is the
subject of a public hearing which has been closed. If you wish to speak, please fill out the Speaker
Request form located near the entrance to the Council Chambers. The Chair will recognize you and
inform you as to the amount of time allotted to you. The time granted will be dependent to some extent
on the nature of the item under discussion, the number of people who wish to be heard, and the length of
the agenda.
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
November 7, 1995
I. PLEDGE OF ALLEGIANCE: 7:00 p.m., Civic Center Council Chambers
II. ROLL CALL
III. APPROVAL OF MINUTES: Regular meeting of October 17, 1995.
IV. SPECIAL PRESENTATIONS AND AWARDS:
1. Recognition of Public Works Director Steve Hall for receipt of William A. Bowes Service
Award from the American Public Works Association Oregon Chapter.
2. Presentation of Distinguished Budget Award from the Government Finance Officers
I Association (Presented by Joanne Stumpf, President-elect of OMFOA).
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V. CONSENT AGENDA:
1. Minutes of Boards, Commissions and Committees.
2. Monthly Departmental Reports for September, 1995.
3. Confirmation of eight appointments to Ashland Housing Commission.
4. Financial report for quarter ending September 30, 1995.
5. Memo from Fire Chief Woodley regarding upcoming earthquake exercise on Monday, April
15, 1996.
6. Letter appealing denial of Planning Action No. 95-101 by Interfaith Care Community of
Ashland. (Set public hearing for November 21, 1995.)
VI. PUBLIC HEARINGS: (Testimony limited to 5 minutes per speaker. Hearing must conclude by 9:30
p.m. or be continued.)
1. Request for amendment to Site Review Chapter (18.72) requiring the provision of recycling
facilities for all commercial and multi-family projects. (Applicant: City of Ashland)
2. Request for an amendment to the Procedures Chapter of the Land Use Ordinance; reconciling
other sections of the Land Use Ordinance and the Ashland Municipal Code to these
amendment; amending the Variance criteria and other sections in the Land Use Ordinance;
and repealing Resolutions 78-33 and 88-20. (Applicant: City of Ashland)
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:
1. Memorandum on regulations governing excavations and archeological site preservation.
2. Approval of quitclaim deed in Ashland Audubon Subdivision.
IX. NEW AND MISCELLANEOUS BUSINESS:
1. Presentation by Kay Atwood regarding Ashland City Government History Project.
2. Request to cut new pavement on North Mountain Avenue at Munson Drive.
X. ORDINANCES, RESOLUTIONS & CONTRACTS:
Second reading by title only of "An Ordinance repealing the airport license fee by deleting
Chapter 6.38 of the AMC."
2. First reading of an Ordinance establishing standards for Emergency Medical Service
delivery.
Reading by title only of "A Resolution defining classifications of uses and occupancies for
_ /purposes water and sewer rates."
Reading by title only of "A Resolution authorizing an interfund loan for the Community
Development Block Grant Fund."
XI. OTHER BUSINESS FROM COUNCIL MEMBERS
X11. ADJOURNMENT
(Reminder: Study Session, Wednesday, November 15, at 12:00 p.m. in the Council Chambers.)
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
October 17, 1995
CALLED TO ORDER
Mayor Golden called the meeting to order at 7:00 p.m., Civic Center Council Chambers.
Mayor Golden swore in new Council Member Carole Wheeldon to Council Position #5, replacing Rob
Winthrop.
ROLL CALL
Councilors Laws, Reid, Hauck, Hagen, Wheeldon and Thompson were present.
APPROVAL OF MINUTES
The minutes of the Regular meeting of October 3, 1995 were approved as presented with the following
correction to page 3; other business from Council; Councilor Hagen's request should read "requested that
plans for new developments include surrounding existing developments so as to show context".
SPECIAL PRESENTATIONS AND AWARD
1. Proclamation declaring the week of October 23-31, 1995 as "1995 National Red Ribbon.
Celebration Week."
2. Proclamation declaring the week of October 23-31, 1995 as the "1995 National Red Ribbon
Celebration".
Proclamations were read by Mayor Golden.
CONSENT AGENDA
1. Minutes of Boards, Commissions and Committees.
2. Monthly Departmental Reports for September, 1995.
3. Confirmation of Mayor's appointment of Cliff Llewellyn to Historic Commission for term
expiring April 30, 1997.
4. Confirmation of Mayor's appointments to ad-hoc Citizens' Communication Committee.
5. Report on Camping Ordinance enforcement from Police Department.
6. Liquor license application for a change of ownership/name for establishment located at 139
East Main Street (applicant Hardip Singh Basra and Prem Sambhi dba/Five Rivers, Inc.).
7. Report from Senior Program Director regarding grant application for the proposed Senior
Center annex.
8. Approval of quitclaim deed to remove deferred assessment agreements (LID) from lots 1
through 9 of Ashland Audubon.Subdivision (John Gossett, Jeff Gossett, Daryl Bodin dba
Ashland Audubon Subdivision).
Councilor Reid requested that item 8 be pulled from Consent Agenda and placed under New Business.
Councilors Hauck/Laws m/s approval of the Consent Agenda items 1 through 7. Voice vote all AYES.
Motion passed.
PUBLIC HEARINGS
1. Appeal for a decision of the Planning Commission approving a Site Review and Outline Plan
for a 16 lot, 16 unit multi-family development under the performance standards option for the
property located at 955 B Street (Fred Cox, applicant; Philip Lang, appellant). [Rescheduled
from October 3, 1995.1
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PUBLIC HEARING OPEN: 7:15 p.m.
Site visits and Ex Parte Contacts:
Councilor Reid reported conversation with Mr. Lang and Mr. Cox; Councilor Wheeldon reported contact
with Mr.Lang, site visit, conversation with prospective buyer; Councilor Hauck reported site visit;
Councilor Thompson reported site visit; Councilor Hagen reported site visit and conversation with
interested parties; Mayor Golden reported site visit, conversation with Mr. Lang and Mr. Cox regarding
process.
Report by staff of applicable standards:
Senior Planner Bill Molnar reported that the applicable criteria on this application are the criteria found in
the site review chapter as well as performance standards chapter 18.88. The property is just over one acre
and is just outside and adjacent to Ashland Historic District. It is zoned R-3 high density multi-family
zoning, the base density for the parcel is approximately 22 units. The proposal is to construct 16 individual
residences on separate lots and owned individually. Proposal was reviewed by the Planning Commission
and approved unanimously. The site plan shows that the units are accessed from a private roadway that
extends from "B" Street through the project and enters near the intersection of "A" Street and Eighth
Street. It will be a 20 foot wide paved private road with a sidewalk on one side. The developer plans on
constructing the units in phases, units range in size from 1,000 sq.ft. to 1,700 sq.ft., four of the units will
be single story and remainder will be double story.
Planning Director John McLaughlin read the criteria for performance standards applicable to subdivisions
and Site Plan approval.
Mr. Molnar reported that he had received a phone call from John Cole requesting that the condominiums
proposed next to the house on Eighth Street be one story because of the shadow that would be cast on is
property.
Clarification for Council was made regarding right-of-way on entrance to project and how in the past
criteria (d) the development of the land will not prevent adjacent land from being developed for the uses
shown in the comprehensive Plan was used in the past.
City Attorney Nolte advised the Council that there would be some liability on City owned property. If it is
a sidewalk, by ordinance the City shifts liability to the adjacent property owner, the City is silent as to any
other property that is used for another purpose other than a sidewalk. He reminded Council that almost
every entrance to a driveway in Ashland is on public right-of-way.
Staff clarified for Councilor Hagen that this application meets the requirement for Solar Access ordinance.
Staff answered questions from Council regarding their concerns on the additional burden of traffic on the
neighborhood and the streets ability to handle the traffic.
Fred Cox/1280 Kirk Lane/Relayed to the Council the many hours he has spent trying to design something
that would fit the Railroad District. He stated that because of the concern by neighbors and the Planning
Department there are fewer number of units than what was originally proposed. He felt that this project
was an infill project and in a desirable area. He was not interested in changing his plans and requested
I that Council stay with the approved plan by the Planning Commission. City Attorney Paul Nolte advised
applicant that the way the ordinance is written, once an appeal is made everything is at issue again.
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Councilor Reid spoke regarding her idea concerning a better street pattern by connecting a neighboring
project. She stated the idea was based on her interest of this neighborhood in the future and felt obligated
to the community as a whole and the community in the future to bring the idea forward. She understands
there is no legal obligation to the applicant regarding this idea. She had hoped to create a forum that would
provide an incentive in making this idea advantageous to the applicant.
Councilor Thompson cited criteria for Site Plan approval (d) that adequate capacity of city facilities for
water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate
transportation can and will be provided to and through the subject property. What he feels is the issue, is
adequate transportation. If the City is moving toward the concept of interactive neighborhoods and not
blocking things off, he feels the Planning Department and the Council has the obligation to make sure these
neighborhoods are linked.
Mr. Cox indicated his willingness to work with City in public access for bikepath.
Ed McCurry/375 Otis/In favor of proposal and felt that the design fit well in the Railroad District. As a
realtor he supports the zoning and guidelines that the City sets for R-3 zoning. Shared letter from owner of
neighboring property.
Submitted letter by Shirley Meithof where she pointed out that prior to her listing this property she had
considerable discussion with Bill Barchet, owner of adjacent property. This was in regards to their
designing their two parcels together. Later Mr. Barchet decided he would prefer to move forward on his
own.
Philip Lang/758 B Street/Opposed to proposal. States that the streets would be too dangerous with the
potential traffic increase. Felt that the proposed development is poorly designed and conflicts with the
adjacent developed neighborhood. Does not agree with the affordable housing aspect to proposed
development. Feels there needs to be more respect to the grid.
Bill Emerson/90 Filth St/Opposed to proposal. Spoke as Historic Commissioner. States the beginning of
the property is using a right-of-way that has never been developed on "A" Street and the Historic
Commission as well as himself feel that by this design it eliminates the possibility of ever in the future
utilizing that pathway to possibly going through to Mountain Avenue. He is opposed to the City giving
away the right-of-way to this development the way it is designed. Concerned with why as a City there is
not a trade being done.
Speaking as a designer, Mr. Emerson questioned the square footage percentage of landscaping. He felt the
percentage did not fit under guidelines. Questioned the narrowness of the street and sidewalks on one side.
REBUTTAL:
Staff response: Clarified that the R3 zone requires a 25 percent landscaping of which the application
exceeds this requirement. "A" Street right-of-ways which abuts a property is a dedicated right-of-way
providing legal access to that section of the property. Council has control of these right-of-ways.
Development in R3 zone does not require that accesses be dedicated as public streets and sidewalks are
required on one side only. Noted that standards for capacity are not set at a engineering ultimate capacity
of that street. The Cities standards are set at an environmental level, what is appropriate environmental
levels for a neighborhood for a collective street. What the street can physically hold is many times higher
than the environmental level.
Applicant response: None.
PUBLIC HEARING CLOSED: 8:23 p.m.
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Councilor Reid noted that the proposed development would meet the R3 zoning and likes the smaller lots:
Councilor Hauck noted based on the criteria and testimony the proposal meets all the standards for the
development. He would like to see a direct connection between this development and any possible future
development. Councilor Wheeldon requested that if possible that the double units be switched out, and that
the street be allowed to be accessed for people to walk on and enjoy the homes that are built there and the
people that live there. Councilor Hagen commented that the area is a very pedestrian/bicycle friendly
neighborhood and that this kind of design moves more in the direction of affordable housing. Councilor
Thompson asked that there be consideration of a pedestrian/bikeway easement through the property along
the private drive. He would like there to be a way to connect this development with a future
neighborhood development.
Councilor Laws/Hauck m/s to deny appeal, not adding any additional conditions and adopt findings
of the Planning Commission on Site Review and Outline Plan for a 16 lot, 16 unit multi-family
development under the performance standards option for the property located at 955 B Street (Fred
Cox, applicant; Philip Lang, appellant). Roll Call vote: Reid, Wheeldon, Hagen, Laws and Hauck
YES; Thompson NO. Motion passed 5-1.
PUBLIC FORUM
Julie Norman/President Headwaters PO Box 79/Information on SugarLoaf timber sale handed out to
Council members. Handout given to Council on statistics of the timber sale. Opposition to tactic that
government is taking.
Andrew Chester/6915 Rapp Ln, Talent/Spoke regarding SugarLoaf timber sale and how the reasoning of
isaving jobs does not make sense. He felt that tourism could be generated from the saving of this old
growth timber. Requests an endorsement from Council to circulate a petition to business owners who
believe there is no economic value to the cutting of the timber.
Mayor suggested that Mr. Chester finalize the petition and bring back to Council for possible endorsement.
Chris Hearn/515 E.Main Street/Represents Selltac Inc. out of Klamath Falls. Selltac has replaced the
timber employment resource. They agree in principle that there is a tourism and economic interest in
Southern Oregon to gain from a stand on limiting cutting of old growth.
UNFINISHED BUSINESS
1. Report from Wastewater Treatment Plant Project Coordinator regarding final facilities plan
and wetlands request for proposals.
Paula Brown, WTTP Project Coordinator gave update of final facilities plan which was delivered to DEQ
on the 29th of September and copies of this plan will be given out to Council soon. Preliminary word from
DEQ is that they intend to review the plan in November. She indicated that it would be best to wait in
sending out an RFP (Request for Proposal) for Phase One facilities upgrade design until DEQ gives back
some preliminary feedback.
Reported on the status of the wetlands RFP, which is in draft form and is scheduled to go the end of
October. The RFP would give 30-45 days for response but could possibly have a clause that would string
out awarding the RFP until the end of March if necessary. The reason for this is mainly due to what DEQ
is going to allow after reviewing the Facilities Plan. Wetlands Coalition has requested to review the RFP
and the draft has been provided to them.
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Council directed Paula Brown to meet with the Parks Commission next week for their input.
Brown presented preliminary findings on the cost of what it would take to irrigate park land. For the
infrastructure alone, just piping to all park land is estimated at over $1,000,000.00. Brown suggested
looking at individual parcels one at a time. Noted there may be some concerns and problems regarding
spray irrigation on some park lands.
Councilor Laws noted that he had understood that the direction from Council was that the information
requested was for contrasting spray irrigation on city lands and the going ahead with wetlands. After this,
compare the initial cost of wetlands with the additional cost of spray irrigation and then weigh the benefits.
Brown agreed and that these two are being compared but is looking at the larger wetlands versus this
option, which she feels is a viable option to compare.
NEW BUSINESS
1. Approval of quitclaim deed to remove deferred assessment agreements (LID) from lots 1
through 9 of Ashland Audubon Subdivision (John Gossett, Jeff Gossett, Daryl Bonin dba
Ashland Audubon Subdivision).
Councilor Reid reminded Council that there prior discussion regarding Orange Street when there were
enough signatures for a LID. Council was approached at that time and requested tha is pave ait,
which the Council agreed to. She also noted that LID's for paving are set up to be conclusive
possible for the people that are going to be using the street and spread out the cost of the paving.
Planning Director John McLaughlin stated that the when the subdivision was approved there was a
requirement to sign in favor of the LID, at that time it was assigned to all the lots, which has always been
left to the choice of the developer. The intention of the subdivider is to transfer that requirement from the
remaining subdivision in Phase One since there is no use of Orange Street at this time.
Clarification for Council, that approval of the request would not reduce the percentage of signed in favor of
future street improvements and the City would have the ability to form a local improvement district for full
street improvements.
After discussion by Council, general consensus was not to approve quitclaim deed.
ORDINANCES. RESOLUTIONS & CONTRACTS
1. Second reading by title only of "An Ordinance permitting only woody debris in any authorized
outdoor fire by amending AMC 10.30.010, redefining the season for outdoor burning by
amending AMC 10.30.020 for the purpose of reducing fire hazards in the City of Ashland and
declaring an emergency."
Councilors Hauck/Reid m/s to approve Ordinance #2768. Roll Call vote: Thompson, Hauck, Laws,
Reid, Wheeldon and Hagen; YES. Motion passed.
2. Second reading by title only of "An Ordinance amending section 3.08.080 of the Ashland
Municipal Code by deleting the utility discount benefit as an employee benefit."
Councilors Laws/Hauck m/s to approve Ordinance #2769. Roll Call vote: Hauck, Laws, Wheeldon,
Reid, Hagen and Thompson; YES. Motion passed.
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3. Reading by title only of "A Resolution authorizing signatures, including facsimile signatures, '
for banking services on behalf of the City of Ashland."
Councilors Reid/Hauck m/s to approve Resolution # 95-26. Roll Call vote: Hauck, Hagen, Reid,
Wheeldon, Laws and Thompson; YES. Motion passed.
4. First reading of "An Ordinance repealing the airport license fee by deleting Chapter 6.38 of
the Ashland Municipal Code."
Assistant City Administrator Peggy Christiansen read first reading of Ordinance.
Councilors Laws/Hagen m/s approval to move ordinance to second reading. Roll Call vote: Hagen,
Thompson, Wheeldon, Hauck, Reid and Laws; YES. Motion passed.
OTHER BUSWFSS FROM COUNCIL MEMBERS
Councilor Thompson clarified for Council that their was a letter in the Tidings which should have indicated
who the letter was addressed to. The letter was addressed to and directed to the Hearings Officer of the
County regarding a Planning Action in the County for the developing of an amusement park on the
Fairgrounds which is agricultural land.
Councilor Thompson noted the traffic improvement on corner of Mountain Avenue and Fast Main.
Mayor Golden commented that she liked the trees in the middle of Hillcrest.
Councilor Hagen reported that he had attended the first pre-planning meeting for Regional Planning in the
valley and that they are in the process of taking the first step towards hiring a Coordinator to coordinate the
process.
ADJOURNMENT
Meeting was adjourned at 9:35 p.m.
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Barbara Christensen, Recorder Catherine M. Golden, Mayor
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.. October 25, 1995
0: Brian A. Almquist, City Administrator
ram: Steven Hall, Public Works Director
,�$ubjt& APWA Award
I have been awarded the William A. Bowes Service Award by the American Public Works Anxiation Onion
Chapter. I consider this a highlight of my career as it is the highest award from the Oregon Chapter based on
service to the Chapter. I have attached the information on the award and a copy of the plaque I keep. There is
also a large plaque with the name of each individual given the Bowes Award.
The Bowes Award was first gien in 1978 and has been awarded annually at the Oregon APWA Fall Confaeroe.
I was presented the Bowes Award at the Banquet on October 18 in Welches, Oregon by a good friend and
compatriot ... Jeff Ballard.
You had also asked about my Region IX Director position for APWA. I was elected to the position in late 1994
and installed at the National Congress in Chicago, Illinois. I will serve through the 1997 APWA Congress in
Minneapolis,Minnesota. As Region IX Director, I represent the Alaska, British Columbia, Alberta,
Saskatchewan,Washington, Oregon,Idaho,Montana,Wyoming, Colorado and Utah Chapters at the national
Board of Diredors. APWA has 26,000 members in the United States and Canada and has begun fostering a
relationship with Mexico.
I am humbled by these two honors that I have received in the last two years knowing that many friends and co-
workers should be joint owners of them.
Let me know if you need any additional information.
enc: Policies/Procedures - Bowes Award
Copy of Plaque
OCT-24-92 TUE 05 :0?_ PM JSL COMPANY 503 632 8476 P. 02
J
POLICIES AND PROCEDURES
COVERING THE
WILLIAM A. BOWES APWA SERVICE AWARD
Purpose: To recognize outstanding service to the Oregon Chapter of APWA
by one of its members and to be recognized as the highest award
which the Chapter can bestow on a member.
Type of Award: The award shall consist of possession for one year a plaque,
suitably designed and inscribed with the name of each year's award
recipient. In addition, the person selected for the award shall
receive a plaque for permanent possession inscribed with the
recipient's name and description of service to the Chapter.
The award shall be presented at the fall Chapter meeting by the
Chapter president in a fashion to lend dignity and honor to the
occasion and the recipient. Suitable news releases and notification
shall be supplied to the recipient's employer and hometown media.
Eligibility: To be eligible for the award, a recipient must be, or have
been, a Chapter member, shall not have received the award
previously, and shall not be a member of the award selection
committee.
y Selection of Recipient: The recipient for the award shall be selected by
a three (3) member committee composed of past recipients of the
Bowes Award. Selection shall be made by July 1 each year and shall
be known only to the selection committee until actual presentation
of the award.
The awardee shall be selected by the committee on the basis of
service rendered to the Chapter which resulted in improvement,
growth, and public recognition of Oregon APWA. Specific items to
consider are:
. . . .Length, years, of service given.
. . . .Cha ter offices held and committee positions filled.
P ,
. . . .Beneficial results of service to Chapter or its members.
. . . .Amount of personal effort and time to give such service.
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Revised: 1986
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GOVERNMENT FINANCE
OFFICERS ASSOCIATION
180 North Michigan Avenue,Suite 800,Chicago,Illinois 60601
312/977-9700 • Fax:312/977-4806
October 19, 1995
PRESS RELEASE
For Further Information Contact
RELEASE IMMEDIATELY Stephen J. Gauthier (312) 977-9700
:sr��*r*+***r*r***s********e**s*��r********r*sr�***:******•s**r*s*********s***
CHICAGO—The Government Finance Officers Association of the United States and
Canada (GFOA) is pleased to announce that the City of Ashland, Oregon has received
GFOA's Distinguished Budget Presentation Award for its budget.
The award represents a significant achievement by the jurisdiction. It reflects the
commitment of the governing body and staff to meeting the highest principles of
governmental budgeting. In order to receive the budget award, the jurisdiction had to
satisfy nationally recognized guidelines for effective budget presentation. These guidelines
are designed to assess how well a government's budget serves as:
0 a policy document
0 a financial plan
• an operations guide
• a communications device
Budget documents must be rated "proficient" in all four categories to receive the award.
Since the inception of GFOA's Distinguished Budget Presentation Awards Program in 1984,
approximately 650 jurisdictions have received the Award. Award recipients have pioneered
efforts to improve the quality of budgeting and provide an excellent example for other
governments throughout North America.
The Government Finance Officers Association is a nonprofit professional association serving
12,650government finance professionals throughout North America. GFOA's Distinguished
Budget Presentation Awards Program is the only national awards program in governmental
budgeting.
WASHINGTON OFFICE
1750 K Street,N.W.,Suite 650,Washington,DC 20006
202/429-2750• Fax:202/429-2755
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"LIGHTS FOR LIFE WEEK"
WHEREAS, Ashland Community Hospital is committed to providing quality medical
• i,;I services to the community with a spirit of caring that is more than a slogan. This {{
al spirit is an operating principal that is expressed with compassion and understanding
for every patient and is an integral part of the hospital's entire operation, and
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t; WHEREAS, to keep pace with advancing technologies and to provide the best
<< i, diagnostic service and treatment of patients, the hospital must pursue a continuing
process of equipment replacement, staff training and program development, and j
WHEREAS, the Ashland Community Hospital Foundation has established as its
primary mission the raising of funds for the purchase of capital equipment for our
Community Hospital, and LL j
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WHEREAS, the holidays are a special time of year; a time for family, friends,
traditions, and for giving. J
NOW, THEREFORE, the Mayor and City Council of the City of Ashland, Oregon, 1 ('
do hereby proclaim the week of November 19 - 25, to be:
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"Lights for Life Week"
' Ill'}_..:�. I ,:: (II!li•�li:
in Ashland and urge all Ashland residents to join with me this week in recognizing -.y.
!�1} the importance of a strong and healthy hospital in our community.
Dated this 7th day of November , 1995.
'X11/•'� I.\\ �li_l
Barbara Christensen Catherine M. Golden
City Recorder Mayor
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ASHLAND AIRPORT COMMISSION
*; Noon, Wednesday, September 6, 1995
Regular Meeting
j MEMBERS PRESENT: Chairperson Linda Katzen; William
Skillman; John Yeamans; Paul Mace; Merle Mills; Laura
Craven; Lyle Smith and Alan DeBoer; City Council Liaison
Mayor Cathy Golden. Staff present: Pam Barlow; and Steve
Hall.
CALL TO ORDER: 12:01 Noon, COUNCIL CHAMBERS
I. APPROVAL OF MINUTES: Wednesday, June 7, 1995
The minutes were unanimously approved.
ll. OLD BUSINESS
A. "CAP Area' Hangar Lottery: Draft Lottery Announcement
\ Hall reported that the draft agreement and lottery offering was complete and
ready to go once a map of the two sites was prepared. A date needs to be
set for the drawing to be held.
B. Electric Use at Runway/Controlled Runway Lights:
Barlow reported that the average electric use for the runway lights is $35
per month. Discussion was held on the amps used for each light. There
would be minimal dollar savings by installing pilot controlled runway lighting.
It appeared that it would take more that five years to break even on the cost
of the control system. The only other benefit would be for the neighbors to
have the lights shut off. Airport Commission agreed to drop the idea.
C. Review of Safety Reports:
Skinner reported that weeds continue to need spraying, especially on the
apron, but also on the north and south ends of the runway. There were
some problems with construction related signing (a possibly incorrectly
placed warning sign was struck by an aircraft). All of the fire extinguishers
have been checked and recharged.
IV. NEW BUSINESS
A. Report from the Ashland Airport Association:
Paul Mace believes it would be an ideal project for the association to get
involved in funding a computerized weather report station at the airport.
PAGE 1-(c:tiry�minmu\sept9s.M�n)
Commissioner Katzen noted that Sondra Knudsen at the Chamber of
Commerce requested 200 airport brochures to hand out at the Chamber of
Commerce Conference to be held at Ashland Hills Inn October 19-21.
B. Proposal to Delete Airport Business License Surcharge:
This item was approved at a previous Airport Commission meeting.
C. Other:
Steve Hall distributed a memo with the financial update for the airport. The
stated that the cash balance projected for July 1, 1995 was$17,000. Actual
cash balance was $15,796. A miscellaneous item is the water service
improvements. The Assistant City Engineer and Water Superintendent are
working on options. The long term plan is to provide an additional line from
East Main Street. An option is to form a Local Improvement District (LID).
Funding a sanitary sewer system is not possible at this point in time.
Construction requiring sewer service will require the installation of a holding
tank with Jackson County standards and approval. Also, new hangars on
the new site will require holding tanks. We have received two letters
proposing hangars at the new 22 acre site. We are looking-at land lease
only. We can complete the City lease on the three sites near the CAP
hangar, and we begin developing the 22 acre site, it will be wiser for the
City to look at strictly land lease. The City is looking at a 25 year land lease
with an extension at the end. It is common throughout the industry. Also
included in the report was detail on the income, expense and the current
budget. In the interim, the City is Idoking at fuel facilities. An update on the
possible fuel facility installation will be given at the October or November
meeting.
Commission will discuss leases after Paul Nolte has approved the lease
form. Hall stated the City needs to look at specifics and policies to deal
with those persons interested at this point. The Airport Master Plan does not
deal with the details. Discussion was help on placing additional hangars.
After discussion, Commission set Wednesday, September 13, 12:00 p.m.
for a study session on this issue.
V. AIRPORT MANAGER REPORT/17130 REPORT
A. Status of Airport
Skinner noted that construction had removed the wash rack, and there was
a lot of pilot demand for making this available again. Hall stated the DEO
is setting standards for all wash racks and wanted Skinner to be aware of
this new kind of permit. Discussion was held on private, City, and
commercial wash racks. Discussion was held on current testing passing.
Maintenance activity has been good, and there have been some changes
in personnel. A new IA has been retained. There has been an increase in
complaints regarding ultra-light operations. The fact that they fly lower
PAGE
makes them sound louder. He tries to defuse the complaints and tells ^
people that they will work with the operators.
B. Financial Report
The annual financial report was presented by Steve Hall. A copy was
available to Commissioners in their packets.
VI. INFORMATIONAL ITEMS:
Leases were further discussed by the Commission. The Commission asked staff
to look into moving the section of fence north of the residential access drive to
along the drive as security fencing for the new hangars.
There are some concerns regarding ultra-light aircraft operations. Airport
Commission asked that Traffic Pattern Altitude. Modification be on the October
agenda. Paul Mace requested that we contact the FAA to for information and
recommendations on how to properly make modifications to flight patterns.
Airport Commission is concerned about resolving the hangar access door for
Steve Green's paint shop for safety concerns. Staff is continuing to-work on this
problem.
Alan DeBoer noted that he takes pains to avoid any conflict of interest or apparent
conflict of interest, and that he has stepped out any time he had concerns.
DeBoer noted the Commission's task is to promote and support the Airport.
Discussion ensued.
Charles Shafer commented that the same people make complaints no matter what
you do, even if you change the traffic pattern. Changing the traffic pattern is not
the answer. He recommended the names and phone numbers of all Airport
Commissioners be posted at the airport, so they can be contacted when there are
questions.
VII. ADJOURN:
There being no further business Katzen adjourned the meeting at 1:10 p.m.
Respectfully submitted,
Pam Barlow, PW Admin. Asst.
Public Works
PAGE 3-(c:drpkmmuw\�65.Min)
BICYCLE COXMSSION
September 18, 1995
MEETING MINUTES
COMMISSIONERS PRESENT: Rees Jones; Sarada;Jack Hendricks; and Keough Noyes. Staff
present: Caralyn Dusenberry. Ken Hagen, City Council.
I. CALL TO ORDER:
Commissioner Rees called the meeting to order at 12:03 p.m. Darrell Gee, and Janine
Reynolds were introduced as guests.
II. APPROVAL OF MINUTES: August 15, 1995
Noyes moved the approval of the minutes. Hendricks seconded motion. Motion approved.
III. ITEMS FOR DISCUSSION:
A. Facility Development Plans:
Jones stated since the usual staff support was not present they would not discuss this
item.
B. Bicycle Master Plan: Council action, next steps:
-Prioritizing Projects/Set Criteria
-Central Ashland Bikepath Street Crossings:
Jones stated the packet included information on signage that could be used for the
bikepath in the railroad area. Signs would be placed at crossing streets. Rees
recommended the sign that would be appropriate at North Mountain and East Main
would be diagram OBWI I-1. Discussion was held on current signage that is in use
and the fact that there are too many. The state recommended the OBWA-22 sign.
Discussion was held on this sign and changing the wording. Noyes recommended
this item be placed on the next months meeting agenda.
Jones stated directional signs have not be addressed. Destination signs are needed
since the path will be tied into the Greenway. Discussion was held on finding the
bikeway from the downtown area. Recommendation was the placement of "to the
bikepath" signs with arrows showing direction. It was recommended that the
Commission walk the area and discuss where the signage would be most efficient.
The Commission set Tuesday, October 3rd, at 5:30 p.m. and they will meet at
Railroad Park. The Commission will walk the bikepath and discuss the above.
Commissioner Hendricks will contact Commissioner Hobbs about the walk along the
bikepath.
Discussion was held on the location of the bikepath in the North Main area. Hagen
stated this area need the Bicycle Commission to do the same type of planning as they
did with the Central Ashland Bicycle Path.
C. Bicycle Safo Education: Ads draft:
Jones stated he would have Barlow prepare and bring draft ads to the next meeting.
Hendricks stated the Maria Harris report at the previous meeting contained appalling
statistics. He recommended the booklet "Street Smarts" as an excellent tool.
Discussion was held on education beginning in the school and the "how to ride" in
the area safely. Noyes stated they had met with the Chief of Police and the
Municipal Judge last year and they were informed that it was difficult-to enforce laws
on bicycles. Hagen recommended this issue be brought to the Traffic Safety
Commission in a public forum or even to the City Council. It was recommended the
"Street Smarts" booklet be purchased and distributed. Hagen recommended funds
be requested from the Council. He also recommended the recycling center as an
excellent place to hold meetings for educational purposes. Noyes stated most bicycle
accidents are 5th, 6th and 7th grade boys. Enforcement was discussed. Discussion
was held on holding a press conference.
Jones stated a price for the booklet would be obtained. Staff will contact publisher
for the price. Booklet was given to secretary. Rodale Press, Inc. is the publisher
and they may be contacted at 408-464-8617. Author of the "Street Smarts" booklet
is John Allen. Hagen stated funds were available. Businesses that would be
appropriate for distribution of this booklet will be discussed at the next Commission
meeting. This item was placed on the next meeting agenda.
D. Other:
IV. COMMENTS: Commission or Spectators
V. INFORMATIONAL ITEMS:
VI. ADJOURNMENT: There being no further business the meeting adjourned at 1:10 p.m.
Respectfully itted by,
At�y;e?usenber y
Administrative Secretary
FOREST COMMISSION
Regular Meeting
� $
September 13, 1995
s
Members Present: Chairman Bill Robertson; Don Ferguson; Teri
Coppedge; Herschel King; and Pete Seda. Staff present: Pam
Barlow; Caralyn Dusenberry; Craig Hooper; and Jeff McFarland.
City Councilors Ken Hagen and Steve Hauck
I. Call to Order
Robertson called the meeting to order at 7:05 p.m.
H. Minutes of Meeting: August 9, 1995
Robertson stated the minutes would stand as presented.
Welcome New Forest Commissioner: Melanie McGee
McGee was not present.
III. Items For Discussion:
A. Forest Closures/Fire Season/Fast Response Capacity: Chief Woodlev
Woodley was not able to attend meeting. Ferguson discussed the inter-agency
cooperation and the fact that it is as good as it is going to get due to the lack of
funding. Ferguson referred to the chart in the packet prepared by Chief
Woodley.
Discussion was held on road closures throughout the area. Ferguson stated this
Forest Service process is called de-commissioning roads. The roads are still open
for hikers, bikers and fire trucks.
Discussion was held on road closures in the Ashland area. Discuss was held on
roads that should remain open to give access to trails. Four Comers was
PAGE 1-(C:f��nmuw%,W65.Mm)
c
discussed as being the appropriate place to close the road.
Coppedge stated the map distributed in the packet was very good. It ties together
everything known about the area in reference to the trails, old and new.
Discussion was held on recognizing Paul for the outstanding work done on the
map. Barlow stated there was concern with the Toothpick trail being on the map
and published. McFarland stated his concerns in reference to trails shown on the
map that have been removed. He also stated the number of hikers have
increased, and responses back from the trail construction has been positive.
Discussion was held on recreation specialists designing trails for this area.
McFarland gave a summary of the work that has been completed and the work
that still remains to be finished.
B. Interface Contracting: Status of Marty Main's Contract:
Barlow stated that she has been unable to contact Main.
C. Commission Direction: Facilitated by Commissioner Ferguson:
Robertson stated there has been talk about the Forest Commission folding, or
merging with another Commission, or possibly reducing the number of members.
He thinks there needs to be more pro-activity by the Commission. His concerns
are: 1) There needs to be a larger window to bum in; 2) A larger scope of the
helicopter activity should be taken; 3) Each Commissioner needs to take on more
responsibility rather than showing up once a month for the meeting; 4) There
should be more neighborhood meetings; 5) Air quality needs more work; 6)
Forest Commission needs to be directional; and 7) Each Commissioner needs to
have a commitment to the group, and attendance, in order to start meetings on
time at the designated time of 7:010 p.m.
Coppedge stated she felt like she was appointed as a member of the Parks
Commission and a representative for them. She would like to see the meeting
start at 7 p.m. and stop at 9 p.m. She said she has learned a lot and enjoyed it
but does not feel she has done a lot. She reports the Forest Commission's
activities to the Parks Commission. Discussion was held on Commissioners
attending Parks Commission meetings.
Seda stated that in the beginning he was not enthusiastic and there was a lot of
tenseness and he likes the current relaxed atmosphere. He stated several times
he has seriously begged for a map because he is a visual person. He stated he
was on the Tree Commission and he volunteered to join the Forest Commission.
He feels like the meetings are getting out of touch with the Forest. There is very
valuable experience among the Commission members. He thinks that being more
relaxed and friendly would help the public to attend more. His greatest
reservation about the Commission is there is no direct contact with the woods.
PAGE 2-c=roR,i��w 9s.1 t n>
Barlow stated her feeling is that people are frustrated because they have not
accomplished anything:, There is value in learning, especially the first year when
they talked with people"and to do'fiikes: "She feels like we need to take action and
change direction so that there is a sense of effectiveness as a group and a
direction forward that is beneficial to our charges. Revise the number of
members as a quorum and maybe reports need to be made to Council as to what
has been accomplished and what needs to be done in the future. Monthly
meetings are more efficient in getting a quorum. She thinks Commissioners are
to feel like they are making use of their time. She does not know where the
boundary lines fall with being effective as a Commission. The Commission is a
policy setting body and the leaders, not the staff, need to be leading and the
Commission following.
King stated he joined the Commission because he had concerns about the forest
fire threat to Ashland. He had sensed the Commission itself was not sure what
it was suppose to be doing. He is here and willing to participate and learn. He
thinks it should be an active Commission. There have been some good plans
made and there is a very professional group of people attending to the problems.
He is impressed with Keith Woodley and the work he is doing as well as others.
He thinks what needs to be done is based by the amount of money-available. He
said it is pure luck to get through a fire season without a catastrophe.
Barlow stated Woodley would like to see the Commission be eyes and ears of the
community and return the input to the staff. "What is the Community's vision
for the Forest Commission?" Ferguson said relative to the forest we are
"Ambassadors to the public".
Ferguson stated his meeting with Woodley and Barlow defined this group. He
does not think there is enough work to do. There is a strong system that is in
place. He gave recognition to McFarland for his work and complimented him in
reference to all he has done in the prescription for the forest lands. The
recreation plan is almost implemented and that is a check on the Commission's
task list. He thinks a review should be given to Council quarterly. He also
thinks many hours are spent on fire therapy. The turn over is too high on the
Commission. He complimented Robertson's commitment and the way he has run
the meetings and his doing an excellent job. He would like to see a letter to the
Council stating that the Commission has accomplished seven out of the nine
Commissions specific duties listed in the Resolution establishing the Forest
Commission.
Robertson stated he has not looked back to the Commission's Charter and thanked
Ferguson for reviewing the document. Two and one half years after the
implementation we have completed seven of the priorities and he feels the
Commission can expand on the seven completed and the other two need to be
looked into. Coppedge stated the question is "how much of the City-owned forest
land is Park land." Discussion was held on this issue.
PAGE 3-<ar \minor \.pms.min>
11
Barlow recommended the letter drafted to the Council have recommendations for
1) a five member Commission; 2) quarterly review of Commission; 3) and a list
of jobs accomplished by the Commission.
Discussion was held on recreation, park land and City forest land. Barlow stated
the Parks Commission needs to draft a trail system if they want the Commission
to implement the recreation part of the forest. Discussion was held in reference
to this subject.
Goal: Refine recommendation for trail easements as recreational.
How does the "Forest Plan" become a growing and living plan?
Hagen stated when Ray had prepared the public a map, and the meeting he
attended, people were excited because everyone was talking about the same area.
He thinks meetings on site can bring it to life. Time lines also need to be
established by the Commission.
Barlow stated she does not feel the Forest Plan needs to be rewritten and that the
Bear Creek Watershed Analysis is completed and has a lot of information the
Forest Commission can use to implement their goals even further. The document
could be a supplement to the Forest Plan.
Goal: Accomplish a review and reports for Council.
Goal: Time lines established.
Hagen stated it may be possible for the Commission to have a Study Session with
the City Council.
Goal: Formal adoption of the specifics about the City-owned parcels addressed
in the Bear Creek Watershed Analysis.
D. Other:
IV. Review/Set Commission Calendar:
A. Joint Committee Interface Hike: Schedule Fall
Saturday, November 4th, 9:30 a.m., will be the hike through the interface.
Commissioners will meet in the last upper parking lot in Lithia Park in order to
car pool.
After discussion it was recommended Commission review Resolution establishing
the Commission and forward them to Barlow two weeks before the next meeting.
She will draft a Resolution with the proposed changes.
PAGE 4-(c:r�\.m,w\.,Wt9s.mi.)
Discussion was held on input from other Commissions. McFarland stated he
would prepare a list of the:work that has been done in the Park lands. Hagen
recommended maps for the Council presentation.
V. Other Business:
VI. Adjournment:
There being no further business the meeting adjourned at 9:05 p.m.
Respectfully submitted,
L"W'7�
Caralyn Dusenberry
Administrative Secretary
Public Works Administration —
PAGE 5-(c:fa ,mm �%ewfvs.nn)
a
ASHLAND
TRAFFIC SAFETY AMEM
COMMISSION
Thursday, August 24, 1995 amo*t
Regular Meeting
MEMBERS PRESENT: Ken Hagen; Walter Schraub; Susan Beardsley; Christine
Schumacher. Staff present: Officer Brent Jensen; Pam Barlow, and
Caralyn Dusenberry.
I. CALL TO ORDER: 7:00 p.m. COUNCIL, CHAMBERS:
Commissioner Schraub called the meeting to order at 7:34 P.M.
R. APPROVAL OF MINUTES: Thursday; June 22nd, 1995
Jensen stated Section III, item 6 should read "signs are enforceable but, difficult".
Schraub stated the minutes were approved as corrected.
III. ITEMS FOR DISCUSSION:
1. Public Forum:
Janet William, 1115 Oak Street, stated Nevada Street has a lot of pedestrian
traffic, primarily children walking to Helman School. Her concern is the fact
there is not a sidewalk. She would like to see the City place a walkway on the
pavement along Nevada Street between Oak Street and Helman.
2. Proposed Height Restriction for Vehicles Parking at Comers with Vision
Clearance Problems: Traffic Regulation, Modification of Downtown Parking
Plans
Discussion was held on standard height of different types of vehicles. It was
recommended that more research be done in reference to height of vehicles. The
Commission agreed that the general idea of the regulations were good. Jensen
will do the research.
PAGE
c
3. Extend Head-in Parking Area on East Side of Winburn Way:
Barlow presented, on the overhead projector, a proposed parking area for the East
side of Winburn Way near the Lithia Park band shell. Tourists use head-in
parking already. Barlow stated two more handicap spaces could be added if the
proposed design is approved. One handicap space also needs to be placed at the
playground. Discussion was held on the proposed design. There would be a loss
of 13 parking spaces and a gain of 20 additional spaces. Hagen moved to
approve the proposed parking design. Schraub seconded motion. Hagen, yes;
Schraub, yes; Beardsley, abstained; Schumacher, no. *Motion was not approved.
Additional information was recommended for parking alternatives for buses and
RV's. Also the Commission would like to know the curb length by the rose
garden that the "no parking" would affect.
4. .. _ Head-in Parking on Clark Street:
Barlow distributed map and presented overhead prepared by the Engineering
Division. She stated this area consists of a 70 foot public right-of-way. Street
width is 42 feet. Barlow stated there are condominiums being constructed and
two churches are located in the area. The Seventh Day Adventist Church had
requested the additional parking. Garden Way Park, Sam's Way, and Siskiyou
Boulevard businesses are changing and this causes the need for additional parking
spaces. Another benefit would be that head-in parking would be a traffic calming
device. The head-in parking becomes an obstacle causing the traffic calming.
Commissioners discussed diagram. Discussion was held on the locations of
buildings in the immediate area.
Marie Ireland, 1661 Clark Street, gave history of property in the area. She stated
past incidents with people parking in the area. Discussion was held on Ireland's
fence being illegally placed in the public right-of-way. Ireland stated she wanted
the parking directly in front of her home to be parallel. Jensen stated what the
fence is doing is asking the public to park illegally. Barlow stated that the best
way for the public to obtain use of the parking would be head-in and remove then
the "Head-in Parking Only" signs. The parking spaces are 20 feet deep.
Discussion was held in reference to making the fence visual by planting flowers.
Barlow stated there is a multiple benefit which is better use of a public facility.
Hagen stated he supports all parallel, or all head-in. Beardsley moved approval
of a head-in parking and remove the sign. Hagen seconded motion. Jensen
stated it was perpendicular parking. Motion approved. All voted yes.
5. Request to Reverse One-way on Beach Avenue: Not Recommended:
Barlow stated Beach Avenue is a narrow one way street, and does not have curbs.
It was made one-way, down hill, and "Yield" signs were installed. She showed
an overhead of the area being discussed. One thing that happened to effect Beach
PAGE 2-(cAnnmin"w"g95.ww)
Avenue is by making 3rd Street one-way. A petition was signed by three
residents from Beach Street. Staff originally opposed because of the very low
average daily total (55). Staff considered 50% of the property owners being
affected.
Allen Erwin, 300 Grandview Drive, 11 Beach Avenue he owns since 1980. He
stated Beach Avenue is in bad shape because of the many water springs. He
stated the street formerly was a major foot traffic to the theater. He said he tried
to talk to everyone that lives on the street and he talked to the resident on 8
Beach Avenue. He thinks it is a hazardous street. Discussion was held on traffic
taking short cuts through the area. Vision clearance and icy conditions are two
considerations for the Commission, Barlow stated. Beardsley recommended the
Commission members view the area, update the ADT, and place this on the next
months agenda.
Jay Costner, Oak Street resident, stated they have lived here for 30 years. He
showed on the overhead drawing how he and his family travel to the library and
also other traffic in the area.
Barlow recommended the Fire Chief be contacted and place this on the next
meeting agenda. Barlow will request a recommendation and have an updated
ADT. Third street is a major issue.
6. L.I.D. Projects:
Tolman Creek L.I.D.:
Barlow stated a meeting was held in June and the next meeting will be
September 11th. Discussion was held on the next meetings presentation.
Fordyce Street L.I.D.: Set Subcommittee
Barlow stated a volunteer is needed for this area to begin the process of
an L.I.D. Commissioner Heard was recommended as Chairman to head
this subcommittee. Discussion was held on newly developed subdivision
taking part in this L.I.D.
Oak Street L.I.D.: Subcommittee Report
Janet Williams submitted update report from the Subcommittee (see
attached). Their intern concern is the construction project on North Main.
Three of the attendees at their meeting is interested in radar control by the
citizens. Medford has residents do these also. Discussion was held on
the procedure for using the radar gun. The citizens would radar a vehicle
and contact the Police Department with the information, MPH and license
PAGE 3—oamnminulcaug95.FLn)
plate with description of the vehicle. The Police Department would then
contact the owner of the vehicle by letter.
Williams stated another recommendation is to have a "residential area"
sign placed under weight limit sign. Barlow stated placing a sign with an
existing sign that it was to close to the area. Discussion was held in
reference to the placement of the several signs in the City limits entrance
sign on Oak Street. Discussion was held on enforcement by the City and
the County.
Hagen stated he is pleased and impressed with the effort the Oak Street
neighborhood is working. Barlow stated she would look into signing in
the area. Costner asked the sign "residential" be placed as a test.
Costner discussed with Jensen the reader board speed sign.
Schraub thanked Jensen for the information in reference to Nevada. He
recommended this be placed on the next meeting agenda.
7. Subcommittees:
Sidewalk Planning: —
Barlow stated there has been work done on project funding. The East
Main handicap ramps may be postponed to the following year. Two years
funding amount to $42,000.00.
Crosswalk/Pedestrian Safety: "Safety Chicken" Activity Report:
Barlow stated Heard was in charge of the bus program. Barlow attended
in the "Safety Chicken". KTVL "Kids Day", Heard wore the suit.
Wendy Svaren will be doing the "Safety Chicken" at the 9-1-1 kids fair.
Handicap Access Subcommittee: Status Report on Research:
Hagen stated this committee has met twice. A map of the downtown area
has been prepared to identify the 75 concern areas. Hagen stated SOSC
has a person investigating the handicap areas at the college. First steps
have been taken to resolve the issues. He stated there are several different
issues. Barlow stated Nancy stated accessibility affects everybody not just
handicap. Hagen stated they are moving ahead. They will be identifying
problems on the ground and placing them on the map so this can be
coordinated with the construction.
Siskiyou/East Main Intersection:
Barlow stated Olson thought there should be a handicap in the island at the
Fire Station.
PAGE 4-k:tr&A=in"teuug9s.Kw)
8. Other:
VI. Informational IterRS:
VII. ADJOURN:
There being no further business the meeting adjourned at 9:55 p.m.
Respectfully submitted by,
Caralyn Dusenberry
Administrative Secretary
Public Works Administration
'A majority of the quorum voted in the affirmative but since there is nothing in the ordinance that says a
majority of the quorum has the authority to act, four persons are necessary to act (as that would be a
majority of the Traffic Safety Commission. (Info from Paul Nolte, City Attorney)
PAGE
CITY OF ASHLAND
PARKS AND RECREATION COMMISSION
REGULAR MEETING
MINUTES
September 26, 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. ADDITIONS OR DELETIONS TO THE AGENDA None
11. APPROVAL OF MINUTES
A. Regular Meeting - August 30 1995
Commissioner Coppedge made a motion to approve the minutes of the Regular
Meeting of August 30, 1995 as written. Commissioner Adams seconded.
The vote was: 4 yes - I abstain (MacGraw)
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 #11351 - #11574 in the amount of $128,941.98 and
Payroll checks #8676 - #8772 in the amount of$64,907.58. Commissioner
Coppedge seconded.
The vote was: 5 yes - 0 no
B. Approval of June 30 1995 Quarterly Financial Statement
Commissioner Adams made a motion to approve the June 30, 1995 Quarterly
Financial Statement as presented. Commissioner Bennett seconded.
The vote was: 5 yes - 0 no
IV. AUDIENCE PARTICIPATION ON THE AGENDA None
V. AUDIENCE PARTICIPATION NOT ON THE AGENDA None
Regular Meeting - September 26, 1995 Page 2
Ashland Parks and Recreation Commission
VI. OLD BUSINESS
A. Citizens comments on input for N Mountain Park site
Linda Chesney and Joanne Eggers representing a grassroots citizens group recently
naming themselves "Citizens for Wild Parks and Streams" were present in the
audience to discuss various aspects of public input concerning the planning process
for the development of the N. Mountain Park site.
In springboarding the discussion, Commissioner Coppedge expressed her concern
that the Commission and this group of interested citizens were duplicating efforts
and walking down parallel paths due to an awkwardness in communication between
the two groups. She said that it appeared to her that the group was going off on its
own studying issues and making plans for the park rather than working cooperatively
with the Commission which was ultimately responsible for making the decisions.
Ms. Chesney indicated that one reason why the group had asked to be on the agenda
this evening was to try to open more clear channels of communication with the
Commission. She too was concerned about the duplication of efforts.
Referring to the Commission's recent proposal to enter into a contract to study the
potential of both the N. Mountain Park site and the Greenway Park site as possible
locations for environmental studies activities, Ms. Chesney said that her group had
already done the work on the N. Mountain Park site and did not believe that the
Commission should spend money duplicating the work that they had already done as
volunteers. Commissioner Adams responded that she was appreciative of the
group's work but that she has shared some of Commissioner Coppedge's concerns
that the group was working separately from the Commission rather than with the
Commission. She said that she was appreciative that in the recent letter which the
group had sent the Commission that they had included a resume of their
qualifications; that it was important for the Commission to know that if it used
information generated by the group that the information was accurate.
Several Commissioners also indicated that if the group were going to plan an activity
to gather information or to dispense information to please include a couple of
Commissioners in their planning. Commissioners indicated that it would be easier to
use the group as a resource in the planning process if Commissioners were included
in their activities. Commissioner Alsing also indicated by way of clarification the
Commissioners' intent in proposing to have both the N. Mountain Park site and the
Greenway Park site evaluated as to potential for environmental programs. He said
that it was not their intent to set up an either/or scenario but to have both sites
simply evaluated as for their potential as "possible" sites.
At the conclusion of discussion Commissioners and audience members agreed to
work toward better communications so that the time and effort expended by both
groups would enhance the planning process for the park. Commissioners indicated
that they were looking forward to the group's presentation at the next Study Session.
Regular Meeting - September 26, 1995 Page 3
Ashland Parks and Recreation Commission
Citizens comments - continued
Commissioners also assured the audience members that they were in no hurry to
complete the planning process for the park and that there would be ample
opportunity for all interested parties to express their ideas to the Commission.
B. Policy on meeting for N Mountain Park site
Commissioners reviewed a memorandum from Chair Alsing concerning a format for
selecting topics and setting agendas for Study Sessions on the N. Mountain Park site
project. Essentially, topics would be selected by a combination of input from both
Commissioners and public comments derived from meetings as the planning process
proceeded.
MOTION Commissioners having reviewed the memorandum, Commissioner Adams made a
motion to adopt the format as policy. Commissioner Coppedge seconded.
The vote was: 5 yes - 0 no
C. Discussion on site evaluations for environmental studies
Considering the earlier discussion, by consensus, Commissioners chose to postpone
making a decision about contracting for an evaluation of the N. Mountain and
Greenway sites for potential locations for environmental studies until after the
citizens' group had been able to make its presentation at the next Study Session on
the N. Mountain site.
VII. NEW BUSINESS
A. Proposal for new agenda format
At the suggestion of Commissioners at last month's meeting, Chair Alsing presented
a proposed new agenda format for Regular Meetings which may be more user-
friendly. After reviewing the proposed format, by consensus, Commissioners
decided to try it out at the next meeting.
B. Options for dog park access
Commissioner MacGraw reported that again she had been contacted by the owner of
Ashland Greenhouses who said that the volume of cars using the dirt access from
Nevada Street into the dog park area is extremely troublesome. She said that
because of the popularity of the area, Mr. Williams is concerned about the amount
of dust which is continually stirred up as well as the speed with which cars use the
route. Commissioner MacGraw said that she would bring his concerns to the
Commission and asked Commissioners to discuss various options to improving the
conditions.
Commissioners briefly discussed re-routing access to the dog area to come in below
the sewer treatment plant, paving the dirt access way and using speed bumps to slow
traffic, and closing the dirt access to vehicle traffic. Commissioners did not believe
that re-routing from below would be practical. Commissioners also chose not to
Regular Meeting - September 26, 1995 Page 4
Ashland Parks and Recreation Commission
Access to dog area - continued
commit to a paving project at this point in time as it would be premature because the
entire plan for the Greenway area had not yet been addressed. In discussion,
Commissioners felt that closing the road to vehicle traffic would not be an extreme
inconvenience to visitors to the dog park, would address the neighbor's concerns,
and would enable the Commission to address the overall plan for the Greenway prior
to committing to a paving project.
MOTION Commissioner Bennett made a motion to close vehicle traffic to the dirt access
between Nevada Street and the dog park area. Commissioner Adams seconded.
The vote was: 5 yes - 0 no
C. Request from Ashland Teen Center
In response to a Commission request, the Ashland Teen Center presented a "wish
list" of items which could be funded by the Commission through the Youth
Activities Levy. In reviewing the list with Jonnie Lieberman, Director of the Teen
Center, Ms. Lieberman indicated that first priority on her list would be monies to
support additional part-time personnel for the center. Ms. Lieberman said that use
of the main room at Pioneer Hall would be her second priority. She said that the
kinds of programs which could be offered was very limited due to the limited space.
Being able to use the entire Pioneer Hall Friday evenings would greatly expand their
opportunities.
MOTION At the conclusion of discussion, Commissioner Coppedge made a motion to expend
up to $4,000 from the Youth Activities Levy to fund an additional, part-time
activities supervisor for the Ashland Teen Center. Commissioner MacGraw
seconded.
The vote was: 5 yes - 0 no
As to the regularly scheduled use of Pioneer Hall, the Commission asked staff to
gather information regarding the use of Pioneer Hall on Friday nights and to make a
report back to the Commission so that it could determine whether or not it wanted to
make a recommendation to the City Council in that regard. Because the building was
a City building not a Parks building, allowing the Teen Center to use the main room
on an on-going basis would be a policy change which would need to be approved by
the Council.
Commissioners also indicated that they would be willing to work with Ms.
Lieberman to create some positive publicity which may stimulate additional support
from other entities in the community. The Commission's support may help to
encourage additional support from community groups.
Regular Meeting - September 26, 1995 Page 5
Ashland Parks and Recreation Commission
VIII. CORRESPONDENCE, COMMUNICATIONS, DIRECTOR'S REPORT
A. Report on summer '95 Park Patrol
Officer Ken Savage, CAP Officer and supervisor of the summer Park Patrol, made a
brief presentation to the Commission regarding the patrol's summer activities.
Among the items which Officer Savage mentioned was the addition of one 1/2 time
officer who covered the downtown and park areas during the CAP Officer's off-duty
hours. This position has brought much wider and consistent coverage of the plaza
and park.
In discussing the time frame for Park Patrol, Commissioner Adams inquired as to
whether or not it would be possible to begin some hours for the summer Park Patrol
staff earlier so;that the outer parks, particularly Hunter Park, could be covered
earlier in the season. She indicated that she felt that Hunter Park needed much more
coverage during baseball and softball season. Director Mickelsen said that he
believed that the upcoming budget could accommodate additional hours earlier in the
year for that purpose. Officer Savage indicated that he would take that into
consideration when planning for the '96 seasonal Park Patrol program.
MOTION In order to complete the business remaining on the agenda, Commissioner Adams
made a motion to extend the meeting to 10:30 p.m. Commissioner MacGraw
seconded.
The vote was: 5 yes - 0 no
B. Reports on summer swimming programs and Garfield Park program
Jill McClelland, Projects Coordinator, made brief reports on the summer programs
at Meyer Pool, the Reservoir Area in Lithia Park, and the new playground program
at Garfield Park supported by the Youth Activities Levy.
C. Report on status of office remodeling
Superintendent Gies gave a report on the status of the office remodeling project and
reviewed the items left to complete including upgrading the lighting, replacing
windows and carpeting.
MOTION Commissioner Adams made a motion to complete the project as outlined.
Commissioner Bennett seconded.
The vote was: 5 yes - 0 no
Regular Meeting - September 26, 1995 Page 6
Ashland Parks and Recreation Commission
IX. ITEMS FROM COMMISSIONERS None
X. NEXT MONTH'S AGENDA The next Regular Meeting was set for Tuesday,
October 24, 1995 at 7:00 p.m.
A Study Session on planning for the N. Mountain
Park site was set for Monday, October 30, 1995,
7:00 p.m. at the Hunter Park Building.
XI. ADJOURNMENT With no further business, by consensus, Chair
Alsing adjourned the meeting.
Respectfully submitted,
Ann Benedict, Business Manager
Ashland Parks and Recreation Department
ASHLAND HISTORIC COMMISSION
Minutes
October 4, 1995
CALL TO ORDER
The meeting was called to order by Chairperson Jim Lewis at 7:38 p.m. Members present
were Terry Skibby, Jim Lewis, Casey Mitchell, Keith Chambers, Bill Harriff and Bill
Emerson. Also present were City Council Uaison Steve Hauck, Associate Planners Mark
Knox and Kelly Madding, and Secretary Sonja Akerman. Members Fredricka Weishahn and
Larry Cardinale were absent. Chloe Winston resigned and has not yet been replaced.
APPROVAL OF MINUTES
Lewis stated on page 7 of the September 6, 1995 minutes, the minutes should reflect he
commented rather than reported on the study session because he did not attend the meeting.
Emerson then moved to approve the minutes as corrected and Skibby seconded the motion,
which passed with all voting aye except Chambers,who abstained because he was absent last
month.
STAFF REPORTS
PA 95-099
Conditional Use Permit, Site Review and Variance
493 North Main Street
Catalina Physical Therapy Group
Skibby moved and Mitchell seconded to stand by the Commission's motion from last month
(as noted below). The motion passed unanimously.
Skibby moved to recommend approval of this action with the requirement horizontal siding, with
ornamental shingles on the gable ends be used Weishahn seconded the motion and it passed
will all voting aye except Harriff, who voted nay.
PA 95-101
Conditional Use Permit
144 North Second Street
Interfaith Care Community of Ashland (ICCA)
Knox introduced Kelly Madding, Associate Planner/Housing Officer, then read the Staff
Report. He stated the application is for a professional counseling office/resource center.
No exterior changes are proposed other than a wheel chair ramp, which the Historic
Commission will review prior to being issued the building permit. The resource center will
provide office space for counseling services provided by a case manager, showers to allow
clients to clean up prior to job interview, laundry facilities, a play room for children, storage
for donated items, a kitchen so that families can prepare a meal, and a space for clients to
make phone calls for job interviews and to find housing. Priority for emergency services will
be given to families. Given the size of the lot, 7100 square feet, the target use is two
residential units or a duplex. Three parking spaces would be provided, two in the rear and
one on-street space.
Knox related Staff believes the proposal will have a minimal impact on the livability of the
surrounding neighborhood. Letters have been received in support and in opposition to the
use. Four letters have been received from property owners in the vicinity of the existing
ICCA office who were not even aware the facility existed in the Clark Avenue/Harmony
Lane area. Staff is sensitive, however, to the concerns raised by neighbors and is dedicated
to maintaining the neighborhood's residential character. The applicants have stated no
overnight camping will be allowed. Knox went on to say the R-2 zoning encompasses mixed
uses. Since this is a non-profit organization, it will not be a commercial operation, nor will
it solicit sales of products or services to people outside the area. The figures submitted
depict an operation more closely associated with the impacts of a home occupation (no
more than eight cars per day) than a commercial venture. Knox related most ICCA clients
arrive by foot or public transportation.
Criteria, Knox stressed, is what needs to be addressed. Staff feels the applicant has shown
the proposal will conform to the Conditional Use Permit criteria. He then read each
criteria with Staff comments and the Conclusions and Recommendations. Staffs opinion
is based on the criteria and target use for the property.
Skibby asked if another Conditional Use Permit would be required if the applicant wants
to expand its use. Knox said it would be subject to a modification of condition. He also
added the approval could be revoked if the conditions were not followed.
When Lewis questioned the lack of mixed use, Knox clarified the clients would not be
sleeping overnight. Lewis said mixed use has been beneficial in the Railroad District and
might be something to consider.
Harriff asked what the hours would be and Madding said 9:00-5:00/five days a week. When
he asked why ICCA was moving from its present location, Madding said they are in a very
small office and need more space. Also, it would like to provide more services. She then
explained ICCA was awarded Community Development Block Grant(CDBG)money,which
was adopted in the budget approved by the City Council. ICCA wanted to focus on a
residence because it was in its budget and would be near transit lines and stores. Harriff
asked if the expanded services were taken into account. Knox said even if the
services/clients doubled, it would still be within the target use. Harriff responded that area
already has traffic and parking problems.
Chambers said the applicant's findings and support letters refer to services currently being
provided. However, it seems to him the proposed use with expanded services would
generate a higher impact on the neighborhood. If the office will be a more commodious
Ashland Historic Commission
Minutes
October 4, 1995 Page 2
I
place with a more homey atmosphere, it will be quite a bit of a change because people will
want to spend more time there. He said it seems like a false extrapolation to him.
Skibby questioned the exterior activities. Knox said two parking spaces and a play area with
swings for children will be in the rear. Skibby said in his observation, the location impacts
a wider area because of the rear yards of the existing houses in the area. Knox added the
applicants do not plan on using the church parking area.
Emerson stated it bothers him the ramp is not a part of the application. He would like the
Historic Commission/Review Board recommendation to be binding. Knox said that would
not be a problem.
Mitchell said she would like to comment that the Staff Report has stated no incidences have
been reported. She referred to the letter submitted by the Weishahns, who have already
had numerous incidences with transients trespassing on their property, including the use of
their spa. The letter stated that on several occasions, homeless individuals had come to the
church looking for assistance, but since it was after hours, they have come to their home.
Knox stated the use is not even there yet, so this does not relate. The problems are
associated with the church and not ICCA. Mitchell remarked that it does relate. Because
of the use, it will have more of an impact and she feels there is a discrepancy.
Harriff commented there is now a concern with the existing facility (the church) in the
neighborhood serving the homeless/down-and-out people. Now, with an approved facility,
when people show up after 5:00, how will the facility meet the neighbors' concerns? Knox
responded Staff has looked at these concerns and with a Conditional Use Permit, it can be
revoked. Harriff, however, said that now, the people who show up after 5:00 will have no
place to go.
Chambers stated that in the Staff Report, the tone sounds as though this discussion is
irrelevant because Staff has implied this is already a "done deal", and he doesn't want to
waste the meeting time of the Commission if the concerns will not be heard. Knox
apologized and said he did not mean to downplay citizen concerns. Staff believes that based
on the criteria and state laws, this application has met the conditions of approval.
Chambers said this may be true, however there is value to the fact that the Staff Report
stated there will be no adverse impact on the livability of the neighborhood, yet there are
signatures of 25+ people who have concerns. If a duplex or single family residence were
proposed for the property, he would have no problem with approval. Chambers went on
to say the approval of this proposal constitutes the loss of affordable housing. In the
Railroad District meetings, the neighborhood clearly stated it did not feel there should be
more commercial use in the affected area. Madding responded livability is a legitimate
issue. There is an indication of what type of neighbor ICCA would be through the letters
of support. She also said the house is listed at over $140,000, which is not considered to be
"affordable" on the real estate market.
Ashland Historic Commission
Minutes
October 4, 1995 Page 3
Lewis commented if you look at the planning action and strip away the applicant, he sees
mixed use as having more viability here than an office without a residence. He attended
all the Railroad District meetings and there were scores of people who felt the same way.
Property owners have problems with no residential use in the houses.
Beula Smith stated she has owned the property at 159 Second Street since 1970. It has been
a very pleasant area. She is not adverse to people in the area, but is adverse to the impact.
If it was just a counseling office, it would be different; however, with what has been
presented, it will not stay the same as with the existing office. She said she also feels the
house is too small for what is proposed. She was required to provide three parking spaces
for a one family rental. Another point is there are currently 43 postal employees, the
majority of which use the church parking lot. The pragmatics are that the services that have
been handled by the ICCA can be accommodated in that house, but to propose a shower,
laundry and meal facilities will go into 24 hours a day needs. She added there are other
vacant places around town with plenty of parking (i.e. Ashland Shopping Center). Hauck
and Harriff said under the parameters of the CDBG, there is not enough money to rent
commercial space such as this.
Sue Crader, applicant for ICCA, addressed the showers, laundry and free meals. She said
the facility will not provide free meals. Families that have no where else to go will have
access to a microwave during the day to warm up food for their children, so this is not
available to everyone. Showers and laundry are also not available to everyone. The facility
is not designed for that. ICCA is trying to give tools to those who can clean up to find their
way off the streets. This is not to provide support for sustaining the lifestyle of people who
chose to live off the streets.
Harriff questioned Crader about the number of people served. She said based on the
current statistics, 1029 different people were served last year, with over 3000 requests. She
said she expects this to go up slightly, but not significantly. Skibby asked for clarification.
Crader said the number she gave was physical visits, not phone requests, so that would
average one person visiting three times. Harriff then asked about the mail facilities. Crader
said the use of its post office box has been allowed in the past, as has the use of the phone.
She also doesn't anticipate a change in this.
Crader then said should the proposal be granted approval, she would hope to have a
positive impact on the neighborhood, and would like to work with the neighbors. If a
transient is seen hanging around, someone would interact with that person to help provide
services, but only during working hours. She also informed the Commission the police have
agreed to provide more patrols in the area.
Emerson remarked the neighborhood has had many locations turned into businesses. From
9:00 to 5:00 someone is present, then at night, the house is dark. He asked what the
applicant proposed to do about the many transients in the Railroad District and asked if
that area was ever recommended. Crader said she has never recommended anyone go to
the Railroad District to sleep down by "A" Street. She also said there have been no police
i
Ashland Historic Commission
Minutes
October 4, 1995 Page 4
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reports in the block where the existing ICCA office is located in the past year. Hauck
clarified there have been no police reports either in the existing neighborhood or in the
proposed neighborhood. Emerson then stated the office will be moving from an area
without many transients to an area with transients, generated mainly from the tracks.
Crader said there are transients in the existing area because of Garden Way Park and the
eating establishments on that portion of Siskiyou Boulevard.
Will Brown, owner of 139 Second Street, said he would like to remind the Commission this
is in an historically residential area, with a proposed commercial use. If approved, the
entire block on that side of the street will be non-residential. He is currently remodeling
his house to be a duplex and said he would like the neighborhood to remain residential.
All the neighbors are against ICCA locating its counseling office here because they have all
had problems, and that should not be taken lightly. He also wanted to remind the
Commission the Weishahn property is directly affected.
Marian Hothchild, real estate agent for ICCA, stated that in talking with people at her
church, she found many neighbors had a misconception about housing for the homeless.
This will not be a homeless shelter.
Doris Kimball, listing agent for the seller, said it seems to her something is trying to be
preserved that's already gone -- the residential character of the street. In the short amount
of time the house was shown, only four families considered the house, but felt it was too
congested. The majority of the people wanted it for commercial uses. She also clarified it
is listed at $144,900(and was appraised at $149,000), so it is not considered to be affordable
housing.
Emerson said the Railroad District is perceived as turning into a commercial area, but it is
not, nor is the intent to be a commercial area. It was never intended to be another
downtown. Lewis added it is the hope of the Railroad District neighborhood to get criteria
for the Railroad Plan.
Pauline Sullivan said she has been a resident of Ashland since 1961. It is inevitable a
business be located there. She feels the objection is not for the business, but for those who
are needy.
When asked about the type of activity that will go on at the site, Crader said there will be
no loitering/no hanging around. Clients who are using the facility may be utilized to help
maintain the property, however. She also added the playground equipment in the back yard
would be for use of clients only. When Skibby asked how large the playground would be,
Crader responded there will only be a swing set.
Harriff asked Crader how many clients are served on a busy day. She said probably
between 20-25. When he asked how they arrived, she said mostly on foot or by transit.
Harriff then asked how long each visit took and she responded only a few minutes. The
longest length of time would be two hours if someone was in a crisis condition. She also
Ashland Historic Commission
Minutes
October 4, 1995 Page 5
wanted it to be known many of her clients work. Harriff then asked where most clients are
residents, and she said they are from Ashland and they are not all homeless. Harriff
questioned if her clients were typically the transient type who would arrive after hours and
have no where to go. Crader answered she has not had any clients like that. She then
added she has had special training sessions with the Police Department for information
sharing.
Pauline Sullivan stated that people tend to fear the unknown, and are not comfortable with
this application because they haven't experienced anything like it themselves. Doris Kimball
suggested Commissioners and neighbors visit the ICCA office in order to base their
decisions on fact rather than fear. Lewis agreed and said the Planning Commission
members should make a point of visiting the existing office on Clark Avenue and Harmony
Lane in the Seventh Day Adventist facility.
Emerson related he feels the Railroad District has had more of an open arm policy to
facilities like this in the past (Dunn House and Pinel House), and they didn't have much
negative impact. There was someone there, however, 24 hours a day. He said he is
bothered by the lack of residential use. Harriff asserted the property probably would not
be sold for residential use no matter what. The neighbors would have to change the zoning.
Lewis fears the realtors have already written off the street as residential. Mitchell
maintained the Commission needs to listen to the citizens and the Railroad Plan. With all
the time and effort put into the Plan, what's the point if no one listens?
When asked about revocation, Knox said the neighbors could complain. Harriff and
Emerson suggested the Conditional Use Permit be approved for one year, then reviewed
again. Lewis agreed and said the neighbors would feel better knowing there would be some
recourse if they had problems with the operation. Harriff asserted this is not an "unknown".
He has seen many homeless people, but the clients involved with ICCA are those on the
margin who are trying to get out of the hole. He also does not feel there would be traffic
congestion because most of these people walk.
Harriff then moved to recommend approval of this action to the Planning Commission with
the condition it be reviewed in one year, and also the condition the wheelchair ramp be
subject to approval by the Review Board. Emerson seconded the motion. Chambers
maintained the need to say something about all the letters received. Harriff withdrew his
motion (Emerson withdrew his second) to ask about the recourse of the Conditional Use
Permit if there are serious problems and a year is not up. Knox said if there are valid
complaints, Staff will investigate and the Planning Commission will hold a public hearing.
Harriff then resubmitted his motion and Lewis seconded. Chambers said he still had
concerns and felt the criteria had not been met except by verbal assurance. Knox reiterated
there will be a review by the Planning Commission based on complaints by the neighbors.
Staff will also provide evidence. The motion carried with Skibby, Harriff, Lewis and
Emerson voting aye, and Chambers and Mitchell voting nay.
Ashland Historic Commission
Minutes
October 4, 1"5 Page 6
BUILDING PERMITS
Permits reviewed by members of the Historic Commission and issued during the month of
September follow:
882 "B" Street Lance/Annette Pugh Garage Conv.
157 North Main Street Glenn/Debra Lunchies Reroof
151 Wimer Street Lee Goebel Reroof
415 Lithia Way Rogue Federal Credit Union Sign
REVIEW BOARD
Following is the schedule (until the next meeting) for the Review Board, which meets every
Thursday from 3:00 to at least 3:30 p.m. in the Planning Department:
October 5 Skibby and Harriff
October 12 Cardinale, Lewis and Skibby
October 19 Lewis, Mitchell and Skibby
October 26 Cardinale, Lewis, Harriff and Skibby
November 2 Cardinale, Mitchell, Skibby and Chambers
OLD BUSINESS
Street Naming Committee
Skibby reported the next meeting will be October 25th at 4:00 p.m. in the Gresham Room
(at the library).
NW BUSINESS
"B" Street Development
Emerson commented on the Fred Cox development between "A" and "B" Streets, which has
been appealed to the City Council. Even though the majority of the development is not in
the Historic District (and therefore, was not formally discussed at a regular meeting), the
access is in the District. Emerson said that he attended the City Council meeting as Historic
Commission liaison because of concerns raised in a previous Commission meeting that "A"
Street will never be a through street if approved as proposed. It is the Commission's
conviction the private drive should line up with "A" Street. Hauck noted the developer
waived the 120 day requirement for a decision, and that it will be heard at the October 17th
City Council meeting.
Applegate Trail Marker
Skibby reported since the Applegate Trail Marker has not been placed yet, he would like
to see it situated in the rose garden in the new Railroad Park (as previously approved by
the Commission) and dedicated on Heritage Sunday,which will be June 30, 1996. Heritage
Ashland Historic Commission
Minutes
October 4, 1995 Page 7
f
Sunday will be focusing on the Applegate Trail since it will be the 150th anniversary in 1996.
He also noted a wagon train will be coming through on the Applegate Trail (not on
Heritage Sunday) and stopping at the museum.
Emerson moved and Mitchell seconded to dedicate the Applegate Trail Marker on Heritage
Sunday, June 30, 1996, and encourage the City to take part in the celebration. The motion
passed unanimously.
Historic Plaza Area
Emerson said he would like to entertain the idea of submitting the "Historic Plaza" area to
the National Register. The area would encompass the two fountains and can be seen in old
photos. He asserted someone on the Historic Commission should take this on and learn
how to research nominations. Skibby noted it takes a tremendous amount of research for
nominations and said that as with the cemetery, there may be funds available in the future.
Knox volunteered to write a grant proposal. Emerson emphasized the importance of only
including the original plaza area, not the entire area as it is today.
Southern Oregon Historical Society
Lewis said he, along with Steve Hauck, Brent Thompson and Brian Almquist, will be
meeting with Southern Oregon Historical Society in order to discuss the feasibility of
relocating a presence in Ashland. He will report at the next meeting.
ADJOURNMENT
With a motion by Skibby and second by Emerson, it was the unanimous decision of the
Commission to adjourn the meeting at 9:50 p.m.
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Ashland Etistoric Commission
Minutes
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ASHLAND CONSERVATION Commission
NIINUTES
SEPTEMBER 27, 1995.
APPROVAL OF NHNUTES
Members in attendance were Moats, Chapman, Buck, Hagen, McCory, Evans, Otte; staff
present were Wanderscheid and Pearce. Commissioners absent were Cooper and Hutchinson.
Minutes were approved as amended.
PUBLIC FORUM
There was no one to speak during the public forum this month.
ASHLAND SANITARY UPDATE
A. Recycled Products Fair - There are now 15 adult and six youth entries but no additional
sponsors at this point. Ashland Sanitary is still looking for two judges. Ken Hagen
volunteered Robbin Pearce and Risa Buck volunteered George Hutchinson. Pearce agreed.
Judging will take place at 11 a.m. and prizes will be presented at 2 p.m. Also this year there
will be a presentation for the first annual Ashland Recycler of the Year. Joanne Navickas
from the Post Office has been chosen. Amrhein asked the Commissioners to keep in mind
anyone they thought would be eligible as a candidate for Recycler of the Year for next year.
Amrhein is still looking for assistance in setting up from 8 a.m. until 9:30 a.m., and for
someone to be L.E.S.S. the Learning Light. Russ Chapman volunteered to be L.E.S.S.
B. Regional Directory Phone Book Drive - This drive is now in full swing. This week in
Grants Pass/Rogue River, next week in Medford/Ashland. It will take up to three weeks to
deliver all the books. Recycling efforts will continue at least one week beyond delivery
drive. This effort is very informal.
Jolynn Barncoat from U.S. West showed a picture of a sign created to show which phone
books not to recycle. This sign is at the Recycle Center. Hagen emphasized how important it
is to let people be aware exactly when each book is recycled (Regional Directory in the Fall
and U.S. West in the Spring) because these are the major shipping times. U.S. West will
also have full page ads in the Tidings.
C. Multifamily Recycling Pickup - A 400+ list is now compiled from the City's utility
billing system and Wanderscheid has drafted a letter to inform all landlords and managers of
the city ordinance and what they need to do in order to come into compliance, as well as
phone numbers to call for information or questions on either complying or what can be
recycled. The letter will be mailed as soon as the labels are generated.
D. Hazardous Waste Collection Event - Everything is approved. This event will be held the
weekend of October 28th; Friday will be CEG and Saturday the general public. Amrhein has
the CEG forms for the college and the high school. (There will be advertising in the Tidings
and will be contacting everyone who participated in May but will not be doing a mass
mailing.)
E. New Brochures - Ashland Sanitary & Recycling has new brochures that describe all the
services available; curbside recycling, questions about the landfill, rates, directions, etc.
F. Chipper Service - This service is still scheduled for October 14. There are presently 16
people signed up to date. Amhrein encouraged Commissioners to put out the word.
ASSOCIATION OF OREGON RECYCLER CONFERENCE UPDATE
Chapman reported that one of the topics at the Conference was "how to get more fiber out of
the waste stream." It seems the largest source will not be coming from offices but will be
coming from residences. This creates the dilemma of providing more bins and sorting at
curbside or commingling the different types of plastic and sorting at a facility as well as to
what degree will the public be involved in the sorting process. Hagen included the possibility
of a second blue bin if we opt for continuation of curbside sorting. This process would work
well from an energy standpoint, especially if we want people to wait until the bins are full.
Hagen also felt that based on the high degree of grades in paper, that paper should be sorted
at a facility. Discussion included frequency of pickup, mixing of wet & dry products,
contamination of paper products and glass breakage. Chapman requested that all
Commissioners stay up on recycling issues so they can share new and efficient issues with
the full Commission. McCory reported that one session he attended presented the fact that
approximately 50% of the recycled paper fiber is being shipped overseas. Could the city
promote a local business that could use recycled paper? Amhrein reported green glass is no
longer being stockpiled locally because of shipping processes. Hagen attended a session on
plastic recycling. Technology is being developed to sort out different resin types but
combination is still possible. Threes, fives and sevens will contaminate a good batch of ones,
twos, fours and sixes. There is not yet an aggressive precycling campaign. (Two thirds of the
plastic waste stream is twos and fours; all the others are the balance.) Hagen felt that based
on the cost of shipping plastic from Ashland, the best way to address this situation is to
aggressively push precyling, especially with the grocers in an attempt to eliminate #3's from
the market.
Amhrein reported she had contacted Napcor. It stated there was no money left for Oregon
and are concentrating more on California because the plastic problem in Oregon had been
solved: everyone is doing 1 - 7. Ashland was one of the very few sticking with ones and
ASIIT.AND CONSERVATION COMMISSION 2
MINUTES
SEPTEMBER 27, 1995
twos. Amhrein contacted Garten Foundation and asked for a better price on a one/two mix
that would allow them to commingle at the curb. She is not receiving a good response
because the recyclers want all of the plastics rather than just the ones and twos.
Amhrein wants to work towards getting Ashland Sanitary and Recycling on the Internet.
Hagen recommended speaking with Lance Pugh. Wanderscheid suggested checking with
Steve Hauck. Evans suggested Amhrein contact him at his office to work on this project.
SOSC UPDATE
Brett Diamond is the Student Director of Environmental Affairs. He has taken Tonya Wilson
place. His position is only for nine months but he wants to work closely with the
Conservation Commission and looks forward to maintaining the win/win situation of
conservation that is in place. He will keep the Commission updated on the College programs.
Hagen welcomed Diamond and explained that most work through the Commission is done in
committee form and that Diamond is welcome to join any committee.
At this time, Jolynn Barncoat informed the Commission about the U.S. West phone directory
recycling program. This program is to help eliminate confusion over what book can be
recycled. U.S. West will be working closely with Amrhein during the March recycling
program. Discussion included recycling of expired books in order to eliminate having to
replace the non-expired books, options on getting the directory or not getting it and ideas on
designing or marketing the books by year to eliminate confusion. Barncoat stated the kickoff
for the promotion will be about six weeks prior to pickup. Hagen voiced his support for the
program.
UNFINISHED BUSINESS
A. Ashland Chamber RCM Update - City Council has approved the intergovernmental
agreement which allows Oregon's Department Of Energy grant money through the City to
the Chamber of Commerce. The City Attorney is now working on a contract between the
Chamber and the City of Ashland. When that contract is approved by Council, the Chamber
will be ready to advertise and select the person who will be the Chamber's Resource
Conservation Manager. The first year's target is 25 businesses. The RCM will work with the
businesses to set up a resource accounting system. Then the operation and maintenance or
capital improvements which can be initiated to help the businesses will save resources.
The funds are oil overcharge funds from Exxon. Moats added the college will start that
process and he will be the college RCM.
B. Goal Setting Issue Paper - Commissioners prioritized their list of goals as to Commission
topics and staff topics. Wanderscheid explained that staff will present issue papers to the full
ASHLAND CONSERVA77ON COMMISSION 3
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SEPTEMBER 27, 1995
f }
Commission, concluded by a recommendation. This recommendation can be in the form of a
policy. The Commission will then vote on the policy, which will then be submitted to and
adopted by the City Council as a policy recommendation. These policies can be in the form
of policies, ordinances, or programs.
Commissioners established subcommittees to deal with the other topics, and meeting times
were set. The subcommittees will begin to research these topics and then decide where they
want to go with them. The subcommittees were established as follows:
Source/Precycling - Buck, Chapman, Hagen. Amhrein, Diamond, Amarotico
Tree Free Paper - McCory, Evans. Diamond
Education - Otte, Evans, Buck, McCory, Moats.
Staff will begin to work on issue papers on Greywater and Energy Metering. Wanderscheid
will keep the Commission updated on BPA reinvention. Staff will draft an ordinance on Total
Resource Conservation Density Bonus and will bring it to the Commission for review and for
input on a guide.
Staff will provide the Commission with a list of Available Alternatives and the Commission
will be helpful in implementing a campaign to get that information to the public. Open
Burning is an issue which staff will keep the Commissioners updated. Hagen will be
providing information on some new and alternative open bum technologys. Staff also
continues to work on a Water Efficient Landscape Ordinance.
NEW BUSINESS
A. Meeting Dates - The October meeting will be changed from the 25th to the 18th. The
November meeting will be the 29th and there will be no December meeting.
B. There were no additional new business items.
Commission Items
There were no additional Commission items.
ADJOURNMENT
Meeting adjourned at 9:20 p.m.
ASHLAND CONSERVATION COMMISSION 4
MINUTES
SEPTEMBER 27, 1995
r'
Monthly Building Activity Report: 09/95 Page 1
# Units Value
SINGLE/MULTI-FAMILY & TOURIST ACCOMODATIONS:
Building:
ACCESS RESIDENTIAL UNIT 1 58,452
ADDENDUM 1 0
ADDENDUM-ADD DISHWASHER 1 350
BATHROOM ADDITION 1 4, 396
BATHROOM REMODEL 1 5, 000
CONV GARAGE TO ACCESS RES 1 62,590
DEMOLITION OF GARAGE 1 0
DEMOLITION SHED 1 0
FENCE 2 2,351
NEW GARAGE 1 18, 000
PATIO AND DECK 1 10, 000
PREINSP FIREPLACE INSERT 1 0
REMODEL 1 8, 300
REMODEL & ADDITION 1 40,000
REROOF 2 9, 000
SFR 5 482, 067
SHED 1 1, 100
SOLAR HEATING SYSTEM 1 2,800
ZERO CLEARANCE FIREPLACE 1 1,200
Subtotal: $ 705, 609
Electrical:
ADD ONE BRANCH CIRCUIT 1 300
ELECTRIC 7 3 , 692
REPLACE 2 BRANCH CIRCUITS 1 1,500
SERVICE + 1 BR CIR 1 0
SERVICE CHANGE 3 1,575
Subtotal: $ 7, 067
Mechanical:
GAS FURN/WTR HTR/3 BR CIR 1 2, 500
GAS FURNACE 1 2,743
GAS LINE/FURN/2 BR CIRS 1 3,432
GAS LINE/FURNACE/1 BR CIR 1 1,764
GAS LINE/GAS FURNACE 1 3,998
GAS LINE/GAS RANGE 1 1,000
GAS LINE/VENT/FURNACE 1 3 , 397
GAS LINE/VENT/FURNACE/AC 1 4 , 138
. r
Monthly Building Activity Report: 09/95 Page 2
Units Value
SINGLE/MULTI-FAMILY & TOURIST ACCOMODATIONS:
Mechanical:
REPLACE 2 GAS FURNACES 1 4,200
WALL FURNACE 1 500
Subtotal: $ 27, 672
Plumbing:
ADD 2 PLMG FIXTURES . 1 400
BACKFLOW DEVICE 6 6,300
SEWER LINE 1 1,200
VENT FOR SINK 1 50
WATER HEATER 1 300
Subtotal: $ 8,250
***Total: $ 748, 598
COMMERCIAL:
Building:
EMERGENCY ROOM ADDITION 1 687, 000
FENCE 1 50
REMODEL TO ADD BATHROOM 1 17, 000
STORAGE SHED 1 3, 317
Subtotal: $ 707, 367
Electrical:
ADD 2 PLMG FIX/ELECTRICAL 1 800
BALLASTS - 1 BR CIRCUIT 1 700
ELECTRIC 4 4, 350
ELECTRIC-ASH CREEK INN 1 0
ENTRY VOIDING 9412016 -1 -31000
SERVICE CHANGE 1 176
Subtotal: $ 3,026
Mechanical:
GAS LINE 1 400
MECHANICAL 1 12, 000
Subtotal: $ 12, 400
Plumbing:
BACKFLOW DEVICE 2 600
Monthly Building Activity Report: 09/95 Page 3
Units Value
COMMERCIAL:
Plumbing:
INSTALL 2 SINKS 1 900
REPLACE MOP & WASH SINKS 1 750
Subtotal: $ 2, 250
***Total: $ 725,043
Total this month: 77 $ 1,473,641
Total this month last year: 85 $ 1, 639,544
Total year to date: 260 $ 4,398,789
Total last year: 252 $ 5,877,505
This month This month This year
last year
Total Fees: 16,714 19,952 53, 065
Total Inspections: 514 653 1577
NEW CONSTRUCTION: 9/95
RESIDENTIAL
PAGE NO. 1
10/15/95
ADDRESS ,#UNITS CONTRACTOR VALUATION
** ACCESS RESIDENTIAL UNIT
364 LIBERTY ST ROSS HOMES 58452.86
** Subtotal **
58452 .86
** FENCE
873 HILLVIEW DR OWNER 500. 00
264 VAN NESS AV DISCOVERY DECKS AND 1851.00
** Subtotal ** FENCES
2351. 00
** NEW GARAGE
622 HOLLY ST MCCOLGAN, JOHN C. 18000.00
** Subtotal **
18000. 00
** SFR
1274 IOWA ST OWNER 65695. 00
183 EASTBROOK WY COX, FRED--CONSTRUCTION 82871.04
285 RANDY ST EAGLE CONSTRUCTION 105503.72
480 PARKSIDE DR BONIN, DARYL - 110940.20
CONSTRUCTION
280 PALM AV MIKE LOPER CONSTRUCTION 117058.00
** Subtotal **
482067.96
*** Total ***
560871.82
NEW CONSTRUCTION: 9/95
COMMERCIAL
PAGE NO. 1
10/15/95
ADDRESS #UNITS CONTRACTOR VALUATION
** FENCE
1731 ASHLAND ST OWNER 50. 00
** Subtotal **
50.00
** STORAGE SHED
246 CATALINA DR INNOVATIVE CONSTRUCTION 3317.40
INC.
** Subtotal **
CM Pm0raitaunt
p4EGO.'
October 10, 1995
II: Mayor and City Council
ram* Steven Hall, Public Works Director)
C$ubj9&' September Monthly Reports
Attached are the detailed reports from Fleet Maintenance, Stteet, Water Quality and FErguxmng Divisions. As
promised, I am including quarterly statistics which I hope you find useful.
ACTIVITY SUMMARY AND COMPARISON
ACTIVITY 9/95 9/94 9/89
Equipment Work Orders 115 94 64
Miles of Street Swept 425 236 276
Water Meters/Services, new and replaced 35 26 60
Leaks Repaired 14 12 22
Utility Locates 93 98 52
Drinking Water Treated 134 MG * 110 MG * 121 MG
Wastewater Treated 52 MG * 47 MG * 56 MG
Sewer Cleaned 9,250 feet 36,790 feet ***
Sewer Inspected with Television 2,402 feet 0 ** 0 **
Engineering Active Projects 22 17 20
Engineering Subdivisions/Partitions 5 8 9
Engineering Permits Issued 37 57 12
* Million Gallons
** Not an activity this year
*** Involved in repair and construction activities during September
cc: Public Works Supervisors
DIRECTOR'S ACTIVITY SUMMARY
September 1 through September 30, 1995
Sept 5 - Internal staff meeting to discuss sidewalk construction program
Sept 6 - Department Head meeting/Larry Murphy's recognition party
• Sept 7 - Meeting with TID/USBR to discuss water rights. Also met with Paula Brown and John
IHolroyrd re: WWTP
Sept 8 - Days vacation
Sept 11 - Bear Creek Coordination Council meeting in Medford
Sept 12 - Coordinate letter with Paula Brown on renewal of WWTP permit
Sept 13 - Airport work session to discuss standards for new leases on 22 acre site—.
Sept 14 & 15 - Days vacation
• Sept 18 - WWTP Committee meeting and meeting with real estate agent on purchase of Emperetris
Property for spray irrigation option
• Sept 19 - Discuss sidewalk project financing, CIP update, meeting with consultants on filter plant, Council
Meeting
•! Sept 20 - 27 APWA National Congress
9 Sept 28 - Oct 4 Vacation
i
ENGINEERING DIVISION v
MONTHLY REPORT FOR:
September, 1995
1. Issued 12 Street Excavation permits.
2: Issued 3 Miscellaneous Construction permits.
3. Issued 1 Address Change or Assignment form.
4. Responded to 32 Certificates of Occupancy reviews.
5. Completed 11 Pre-applications for Planning Actions.
6. Completed 10 "One-Stop" permit forms. —
7. Performed field and office checks on 5 partition plats.
8. Prepared map and description of City property off Tolman Creek Road for a
temporary use permit.
9. Met with property owner regarding easement for sewer line on Beach Street.
10. Revised typical section and estimate for the improvement of Tolman Creek Road.
11. Attended meeting with Bureau of Land Management and Talent Irrigation District
regarding water rights.
12. Performed the following work on the Central Ashland Bikeway:
a. Met with railroad personnel.
b. Surveyed locations of acquisition for Parcel No. 1 and 2.
C. Prepared maps of rights-of-way and forwarded to Railroad Company.
13. Performed the following work on the Scenic Heights Subdivision:
a. Met with Contractor in regards to patching Scenic Drive.
b. Inspected work performed by Contractor.
C. Reviewed and approved changes to plans.
14. Prepared a map of proposed traffic calming measures on Oak Street.
15. Researched sidewalk repair records on East Main Street.
PAGE 1-(<:=gm=\�,hy.xPq
16. Performed following work pertaining to Oak Knoll Meadows Subdivision Phase IV:
a. Inspected contract work.
b. Prepared "punch list" of items remaining for completion.
17. Administered contract for the clearing of the irrigation/storm drain ditch along North
Main Street.
18. Reviewed plans for the improvement of North Mountain Avenue.
19. Reviewed plans of the proposed extension of Ivy Lane.
20. Hired temporary Engineering Technician.
21. Performed the following work at Hosler Dam:
a. Provided locations of new deflection control monuments
b. Re-set all lines of site for deflection control measurements.
C. Reported to F.E.R.C.
22. Attended monthly Rogue Basin Utility Coordinating Council meeting in Medford.
23. Performed the following work on the Water Plant Improvement Project:
a. Inspected contract work.
b. Prepared progress payment to Contractor and Consulting Engineer.
C. Attended monthly progress meeting.
d. Reviewed change order No. 5.
24. Prepared memo regarding the relinquishment of City owned properties on Terrace
Street.
25. Performed the following work on the 1995 Miscellaneous Concrete Project:
a. Completed preparation of plans.
b. Estimated cost of project.
C. Mapped sidewalk installation areas.
d. Prepared letter to property owners regarding work to be done.
e. Met with school personnel regarding walks along school property.
26. Prepared a survey map, as required, to reset a property corner disturbed during the
Beach Street sewer re-location.
27. Attended Bear Creek Water Quality Advisory Meeting in Medford.
28. Updated City base maps by adding new subdivisions and tax lots.
29. Prepared description of easements to be created off Terrace Street.
30. Prepared final payment on the Strawberry Lane Water and Sewer Project.
PAGE 2-cc:eagmcc�,*.Rp9
................
City of Ashland
Water Quality Division
Monthly Report
September 1995
Water.
Repaired 4 leaks in City owned water mains. Repaired four line breaks in which contractor
tore out corp stops.
Repaired 8 leaks in customer service and or meter.
Changed out 13 water meters.
Installed 5 new water meters with hand valves.
Repaired 2 fire hydrants, one which was hit by a car.
Installed 2 new 34" water services.
Relocated and tied in water services in the new Airport extension.
Relocated water service to 1388 Siskiyou for SOSC.
Installed culvert and backfilled on Clay.
Raised valve boot at Scenic and Maple.
Flow tested fire hydrant at top of Strawberry for new reservoir.
Installed new 2" PRV at Fast Nevada, with concrete floor and manhole.
Changed over 14 water services from the old 4" water line to the new 12" water main.
Changed over water main at Grant Street from old 4" line to new 12" line.
Lowered and installed 144' of 8" water line at Maple and North Main as per State
specifications for their new road bed.
Installed new 16" x 8" tapping saddle and valve for new subdivision off of Scenic.
Installed new 12" valve and tee assembly at N. Mountain for new 12" water line installation.
Sewer.
Installed 2 new 4" sewer laterals.
Repaired 8 sewers, everything from services to main lines.
Responded to 2 service calls.
Jet rodded 9,250' of City sewer mains using 14,000 gallons of water.
Performed 2402' of video inspections of City sewer mains.
Miscellaneous:
There were 93 requests for Utility locate calls.
There was 134.183 million gallons of water treated at the Water Treatment Plant and 52.19
million gallons of water treated at the Wastewater Treatment Plant.
i
City of Ashland STOP
Street Division
September 1995 Report
SWEEPER:
Swept 425 miles of streets.
Collected 138 yards of debris.
Responded to 93 utility location requests.
Began final preparation for re-surfacing Pine Street. Completed
pre-patching (45.98 tons) and taping the cracks.
Hauled off 170 yards of sweeper debris from "B" Street yard.
Repaired the Wastewater Plant road using 10 yards of re-cycled asphalt grindings.
Hauled 90 yards of old asphalt from "B" Street yard to re-cycle pit on Glenview Drive.
Patched a trench at Fire Station #1.
Assembled and placed informational door hangers on Pine Street for re-surfacing.
Re-surfaced Pine Street from Nutley to Baum. Project took one day and 228.4 tons.
Hauled 30 yards of old concrete to pit.
Re-built the berm on Grandview Drive above and below Alta.
Located and marked all manholes, valves, etc. that need to be raised in
conjunction with our re-surfacing project.
Hauled the D-3 Cat to our asphalt re-cycle pit and leveled off the area.
Re-surfaced top 45 feet of Bridge Street, 47.63 tons.
SIGNS and PAINT.•
Continued painting: curbs, stop bars, cross-walks, R/R crossings, etc.
Installed a post and "YIELD" sign on the S.W. comer of Windsor at Indiana.
Installed a post and "STOP" sign on the N.E. corner of Windsor at Indiana.
Replaced a stolen stop sign on Windsor at Indiana.
Painted new section of hand-rail on Diane.
PAGE
t
Upon completion of exposing all underground utilities; dug a 766 foot ditch
for the Electric Department in Oak Lawn/Sylvia Street area. Project took several days.
Located and marked manholes and valves to be raised on Grandview Drive due to
chip-seal overlay.
Picked up a wood stove at 1270 Greenmeadows.
Retrieved a bike from Wrights Creek off Ashland Mine Road.
Repaired the gate into the "B" Street yard.
Began prepping the Oak Lawn/Sylvia Street area for paving by contractor.
Cleared the pipe yard on Glenview Drive of blackberries and brush and moved
pipe for future fence along the rear of the yard.
Helped in shop when needed.
Cleaned up facilities and equipment on a weekly basis.
Held monthly safety meeting.
PAGE 3-(c�wa�mwq.sp�
1 -
,Oa M, O\10011 ,�' CO.O O\I4O11 lI,
{�pF ASy {�pF nsy ,
ti
a ; City of Ashland a
Fleet Maintenance `
September 1995 Report
3 mechanics completed work on 115 work orders on various types of City equipment and
vehicles.
With the new numbering system in effect, work orders will no longer be reported on an
individual department or division basis.
The emergency generators at City Hall and the Civic Center were manually tested on a
weekly basis.
I and M certificates issued for the month: 0
(c:\elrta\sboprpt.up)
i4a OF ;'• City of Ashland
° OFFICE Of THE MAYOR
20 E. Main Street Ashland, OR 97520
O#EG0�,,1.
CATRY GOLDEN
MAYOR
(503)482-3211
October 20, 1995
TO: City Council Members
FROM: Mayor Golden
SUBJECT: Ashland Housing Commission Members
Confirmation of file following eight appointments to the newly-formed Ashland Housing Commission is requeste,
Larry Medinger, Developer
Madeline Hill, Realtor
Jan Vaughn, Social Services
Jack Ware, Farmer's Home Administration
Glerul Tiffany, Appraiser
Beverly Kennefick, Investments
Erin Mahanay, Teacher
Gerry Sea, Social Services
Their letters of interest and resum€s are attached. Applications were received from 10 individuals. A copy of th,
advertisement is included for your information.
Attachments
. 1
P .O.Box 133.4... - _ _ -
Ashland, OR--97.520
482-1806
October 11 , 1995
Mayor Cathy Golden
City Hall
Ashland, Oregon 97520
re: Housing Commission
Dear Mayor Golden:
Please consider my name for appointment to the new city Housing
Commission. I am currently a member of your Affordable Housing
Committee . I probably have more experience than anyone else in
town on assisting families through the arduous process of
qualifying for a home through the city ' s Affordable Housing
Program. I am personally familiar with what works, and what
doesn' t work, and I have many concrete ideas on how the city ' s
current program could be improved. I have donated thousands of
dollars to the city' s affordable housing program (in an indirect
way) by working professionally as a real estate broker , either
without commission or at a greatly reduced commission.
I have many years of experience in social services : Director of
Help Line, Program Administrator of the state Senior Services
Division for eleven years , Trustee of Carpenter Foundation, Chair
of Jackson County Human Services Committee, Board member of
Ashland' s chapter of AARP, Board member of Ashland Senior
Program, former Board member of Ashland Community Hospital .
In 1991 I was president of the Southern Oregon Rental Owners '
Association, and in 1992 was chosen as "Rental Owner of the Year '
by this same organization . Last year I received the "Women
Helping Women" award from Ashland Soroptimists , *and was honored
by the Advocates for Severely Handicapped Board=by the naming of
their new home on Walker . Street for disabled adults "The Madeline
Hill House" . This was done for my efforts on their behalf ,
sorting through the maze of real estate , planning, and government
programs to make the purchase of this home a reality, plus
securing of funding for the purchase. Ten retarded adults in
Ashland were facing the probably of loosing their home and having
to return to a state institution.
Thank you for your consideration.
Sincerely , /
ly,tf� X
Madeline Hill
Frank J. Ware '
889 Garden Way
Ashland , OR 97520 ----------------------------
482-0719
Mayor's Office
City Hall
20 E. Main Street
Ashland, OR 97520
LETTER OF INTEREST FOR PERMANENT HOUSING COMMISSION
1 would like to be considered for a position on the Permanent Housing Commission. I
have been an appointed member of the Affordable Housing Committee and I am very
involved in affordable housing issues.
I am employed as a Housing Specialist with the Rural Housing Service (formerly known
as Farmers Home Administration). My agency provides direct subsidized housing loans
to Very Low Income (50% of median), Low Income (80% of median)families, and
guaranteed housing loans for Moderate Income (115% of median)families, repair
loans and grants for Very Low Income families, subsidized apartment rentals, micro
loans for small business through our Intermediary Re-lending Program, Sewer and
Water loans for communities, and Business and Industry loans. I have been involved
in providing housing opportunities in Ashland for 10 years.
Currently I am working with ACCESS and Kelly Madding on a self-help housing project
that could result in an on-going program to provide housing for Low and Very Low
Income families in the City of Ashland. I am also involved with Habitat For Humanity on
another project to build a house in Ashland by 1997. 1 am working with approximately
30 families at present that have expressed an interest in finding affordable housing in
Ashland. I feel it is important for me to remain involved in housing issues in the city so
that I can be as productive and helpful as possible.
I can contribute my familiarity with financing, government assistance and a working
relationship with a great many builders and providers of affordable housing in the area.
Also, 1 have a working relationship with many social service agencies concerned with
housing assistance.
Please consider me for a position on the Permanent Housing Commission.
Sincerely,
6; n J. k) are
u� ' ...s:_: :.._.
KENEFICK
FINANCIAL
SERVICES
550 SIBktyou Boulevard _
Ashland OR 07520
SW 482-4748
503 482-8183 FAX
October 5, 1995
Office of the Mayor
20 East Main Street
Ashland, OR 97520
RE: HOUSNG COMMISSION
the late
Please accept my application for membership on the City Housing Commission. I in Orange
1970s and early 1980s 1 was heavily involved with the Affordable Housing program
County, California through my paid position as a staff person for the County Community
volunteer member of the Huntington Beach Planning
Development Department and as a
Commission.
Once my husband and I started our own business in 1982, i t became necessary forme to focus
on our own company activities. I have,however, always maintained a high level of interest i n
housing and transportation issues. We purchased a house in Ashland in 1990, and moved our
ourselves and our business to Ashland 1 n 1992. 1 have folio a hla d shed 9nsthe Awith a
great deal of interest and in fact, wrote a commentary ich
Tidings and the Ashland Gazette regarding the annexation of county land for the recent project
which would have included an affordable housing component.
Since my business commitments have lessened this year, 1 look forward to once again becoming
move involved with the city as a citizen volunteer.
Sincerely,
Beverly Froley Kenefick
BEVERLY FROLEY KENEFICK
550 Siskiyou Blvd.
Ashland, OR 97520
482-4748 Office
482-7146 Home
PROFESSIONAL EXPERIENCE:
1982 to Present: Small Business Owner
• Centaur International, Inc.
• CSC Investments dba Supercuts
• Kenefick Financial Services
1982 - 4/95 Centaur International
Directly responsible for the oversight of a four clinic project managing health care needs of
McDonnell Douglas personnel in the Kingdom of Saudi Arabia. Responsibilities included
compensation and contract negotiation, health care recruitment of top level managers,
physicians and para-professionals, human resource management and logistics.
1986 to present CSC Investments
Share responsibility with my husband for the management of four Supercuts franchises in
Chicago, IL.
1980 -1982 County of Orange, Santa Ana, California
1 981 -1 982 Citizen Participation Coordinator, Orange County
Transportation Commission.
Responsible for community relations activities to support a5 + million dollar study to widen
Interstate 5 through Orange County. Interfaced with elected officials on the city, state and
federal level to gain support for transportation improvements in Orange County.
1 980-1 981 Community Development Department, Affordable
Housing Department
Staff member directly involved with the promotion of affordable housing in the County of
Orange. Worked with developers to produce guidelines for developing large tracts of vacant land
in the South County.
6/79-1 /80 Field Operation Supervisor, Department of Commerce
Directed the field operations of the 1980 Census in North Orange County.
i
BEVERLY FROLEY KENEFICK
Page 2
1968 - 1979 COMMUNITY VOLUNTEER AND ACTIVIST
Organized, trained and developed large volunteer organizations including management of a
number of successful non-partisan political campaigns.
EDUCATION:
1978 BA URBAN STUDIES,California State University, Long Beach
1979 Graduate Studies, Public Policy, California State University,
Long Beach.
1974 Western State University College of Law, Fullerton
California.
ADDITIONAL ACHIEVEMENTS DIRECTLY RELATED TO HOUSING:
1979-1981, Planning Commissioner,City of Huntington Beach
1 968-1 975 Underground Utilities Board, City of Huntington Beach
Design Review Board, City of Huntington Beach
COMMUNITY ACTIVITIES:
1968 to present: Member of the League of Women Voters
1992-1995 Soroptimist International
1994 to present: Board Member and Director, Rogue Valley Opera Association
INTERNATIONAL EXPERIENCE:
1975-1976 Lived and worked i n Jeddah, Saudi Arabia
OCT 1 3 V% D
CITY OF ASHLAND
October 12, 1995
To Whom It May Concern,
I am writing to express my interest in joining the Ashland Housing
Commission. I understand that several vacant positions are available.
Having grown up in Ashland, appreciate its uniqueness and livability. Like
all of the residents here, I am interested in maintaining and enhancing the
qualities that make Ashland special, as we continue to grow and develop.
As a person who is considering the purchase of a home within the next few
years, I am concerned with the availability of reasonably-priced homes in
the,area. As a renter, I know how many people are worried about finding
clean, affordable rental housing.
I am intrigued by the choices that are facing us. We must choose between
increasing density or the annexation of new land. as we continue to grow.
This will, or course, effect us all. I would like to learn more about these
issues; and to have the opportunity to participate in making informed,
responsible decisions about the way we will meet the growing demands
for housing in Ashland.
A copy of my resume is attached. If you have any further questions you
may contact me during the week at 535-3353, or evenings at my home
number, 482- 1962.
Sincerely,
'L'�
Erin K. Mahanay
1
Erin K. Mahanay
800 Ashland Street * Ashland, Oregon * 97520 (503) 482-1962
PROFESSIONAL OBJECTIVE To secure a position on the Ashland Housing Commission
EDUCATION
Oregon Basic Teaching Credential, Elementary, April, 1992
Southern Oregon State College, Ashland, Oregon
Bachelor of Arts in Political Science, August, 1990
Lewis and Clark College, Portland, Oregon
TEACHING EXPERIENCE
Classroom Teacher: Phoenix Elementary, Phoenix, Oregon, September 1992 -
present. Responsible for providing instruction in all areas of the curriculum to a multi-
cultural group of twenty-five fifth grade students. Worked closely with English as a
Second Language specialist to instruct three students whose first language was Spanish.
Consulted with Special Education teacher to provide services to several children with
Individualized Educational Plans. Utilized integrated curriculum and a whole-language,
thematic approach. Under the guidelines of the Oregon School Reform Act, implemented
portfolio assessment to replace the traditional grading system.
Student Teaching: Bellview School, Ashland, Oregon, Winter, 1992. Responsible for
blended classroom of twenty-two third and fourth grade students. Maintained a flexible
atmosphere monitoring and adjusting as student needs dictated. Designed and taught a
five-week unit on map skills.
PROFESSIONAL GROWTH ACTIVITIES
• Newspapers In Education summer seminar: Using Newspapers in the Classroom,
August 8- 11, 1994
• Participant: Jackson County Migrant Education Multicultural Classroom Series, 1994
• Participant: Summer Elementary Science Teachers Extensive Experience, sponsored
by the Oregon Museum of Science and Industry,June 20-July 1, 1993
• Member, Kappa Delta Pi International Honor Society in Education
ADDITIONAL BACKGROUND
Staff Assistant: Oregon Newspaper Publishers Association (November 1988 - August
1989) Staff Assistant for state-wide trade association. Variety of duties included editing
the classified section of a bi-weekly newsletter;writing two columns for a quarterly
magazine; and tracking bills through the Oregon State Legislature.
PLACEMENT INFORMATION
Available through: Placement Office Southern Oregon State College
Ashland, Oregon 97520 ` (503) 552-6271
■ � r
C IrI 1�ul
SII'Y1S �_- -
CONSTRUCTION COMPANY, INC.
October 11, 1995
Mayor Cathy Golden
City of Ashland
20 East Main
Ashland OR 97520
Dear Cathy:
I would like to apply for a seat on the new City Housing Commission. I would appreciate
such a great opportunity to serve our city in one of its most needed areas of concern.
As you know, I have been involved in developing the affordable housing program since
the first committee was formed in 1989. Housing ownership is a problem that is especially
acute when our working people and young families can not afford to own a home in the
town where they work.
I am constantly amazed at where that line of affordability is drawn too. Nurses, police
persons, teachers and other professional people have a hard time buying a home, let alone
carpenters, actors and all the other people that contribute to our town.
Kelly and I have been batting some new ideas around about reaching some of the lower
levels of income and meeting at the same time some of the criticisms surfacing recently in
the letters to the editor about supposed windfall profits to be made by people who buy in
P.O. Box 702, Ashland, Or. 97520 Telephone: (503) 482-3961
s
Mayor Cathy Golden
Page 2
October 11, 1995
the current program. Also, having personally experienced, time after time, the difficulties
to be faced with the lending community and their acceptance of anything out of the
ordinary in loans, I would say that financing is an area that needs to be addressed much
more than most.
Please consider my application.
Thank you,
Larry Medinger
P.S. One area we haven't addressed is something involving a rental unit program. Please
look for persons that could serve on the commission that might contribute to that.
d DEPARTMENT OF VETERANS AFFAIRS
Domiciliary
White City OR 97503
October 12, 1995
In Reply Refer To:
Kelly Madding
Housing Officer
City of Ashland
20 E. Main Street
Ashland, Oregon 97520
Re: Ashland Housing Commission
Dear Ms. Madding:
Pursuant to the enclosed notification, please consider this letter
and the attached Resfune as application for the newly formed ,
Ashland Housing Commission.
I would like to take this opportunity to express my thanks for
inclusion in the Ad Hoc Committee's work. It is always a pleasure
to be a part of Ashland's positive process in addressing pressing
issues.
Thank you for your consideration in this matter.
7y s,
jVAUGHMN, LCSW treach
,jv
Encl.
Jan Vaughn, LCSW
Oregon State License No. 1630
P. 0. Box 1363 (503) 535-7280 - home
Talent, OR 97540 (503) 826-2111 ext. 3435 - work
EDUCATION University of Washington, Seattle, WA: Masters of Social Work (MSW) - 1987
Southern Oregon State College, Ashland, OR: Bachelor of Science - Sociology;
Minor, Criminology; 1984
Magna Cum Laude; Phi Kappa Phi
EXPERIENCE 1987 to Present - Homeless Veterans Outreach - Licensed Clinical Social Worker
Department of Veterans Affairs, White City Domiciliary, White City, OIL
1987 - Star Gulch Ranch - Foster Care and Case Manager
State of Oregon. Childrens' Services Division
1986 - Juvenile Sex Offender Unit - Probation Worker
King County Juvenile Services, Seattle, WA
1985 - Incarcerated Youth Chemical Dependency Program - Counselor
Washington State Department of Youth Services, Seattle, WA
1968 - 1979 - Paralegal/Legal Secretary
Various lawyer-legislator employment positions including Hardy Myers, of Stoel,
Rives, et al, Portland, OR (then Speaker of Oregon House)
COMMUNITY
INVOLVEMENT
WinterSpring - Center for Living with Loss and Grief - Current Board Member
Jackson County Community Services Consortium
Homelessness and Housing Project
Community Emergency Resources & Vital Services (CERVS) - Current Board
Member & Officer
Oregon Shelter Network
Advanced Appraisal Technology
COMMERCIALIRESIDENTIAL/INDUSTRIAL
October 7, 1995
Mrs. Kelly Madding
City of Ashland Planning Department
20 East Main Street
Ashland, OR 97520
Mrs Madding:
I have submitted a copy of my resume' to be considered for the volunteer housing commission
position you advertized for. You will note that I am a real estate analyst by profession and will
bring with me a wealth of knowledge and experience regarding real estate financing and
development procedures. If you should require any additional information please feel free to
give me a call.
Sincerely,
Glenn A. Tiffany, MAI
1229 North Main Street., Ashland,Oregon 97520 (503)482-2402
Qualifications of
Glenn A. Tiffany, MAI
Mr. Tiffany has varied experience in real estate, including a background in commercial construction
and mortgage lending. He has worked for a number of the largest banks and insurance companies
in the nation, analyzing large and extremely complicated properties.
Professional Education
Southern Oregon State College., 1984
BS Degree--Business Administration
BS Degree--Psychology
Specialized Training
Project+ Leasehold Analysis Course
Appriasal Institute Courses
Real Estate Valuation Principles
Basic Valuation Procedures
Applied Residential Valuation
Capitalization Theory and Techniques--Part A
Capitalization Theory and Techniques--Part B
Case Studies in Real Estate Valuation
Report Writing and Valuation Analysis
Standards of Professional Practice
Real Estate Experience
Senior Appraiser--Palmer, Groth & Pietka, Inc.--Sacramento, California
Appraisal Specialist--Bank of America--Rancho Cordova, California
Review Appraiser--Portland Teacher's Credit Union--Portland., Oregon
Loan Officer--Barclays American Financial--Vancouver, Washington
Certifications
Certified General Appraiser--State of Oregon--#000450
Certified General Appraiser--State of California--#AG002454
Professional Organizations
MAI--Appraisal Institute
s
�I
I
" GiT
fied�oad, 0 �;LI17"C�
Oct. 5, 1 ---•---- - --- -=--
0�/Lce o/ the fiayOA
CLty o Anhland
Deaa flan. Golden,
I am anawertLng yourt ad �on the Anhland Housing Comminnivn
and wish to voiunteea an a membea of thin cammLnnLOn.
Acfuall , 1 am not at paenent a aenidenf O� youa cLfy but
am Ln the paocenn of 6uLldLng a home fheae and expect to
occupy Lt within the next two weeks.
4��oadable hauaLng has Long" been one o� my Lntenentn
and 1 am at�p aenent a membea o� the Board o� vLaecfoan
of Ha6Ltaf /-oa Humanity, Rogue Valley. Oua goal �on the
coming, yeaa Ln to complete there move hounen with
volunteert labor Ln the valley with one o� them to be
Ln Ashland.
A 61tL4 aenume will show that my Lntenentn have always
been Ln the ants, hLntoay and muaLc. Thin has been Ln
addition to my pao�ennLon which wan Ln LnteaLOA deaign
both Ln the noathwent and Ln fiaaLn county Ln CalLOlinLa.
I am a native o� Poatland and aeceived my pnimaa education
there and in Kelso, WanhLn ton. I attended theniveanify
o� WanhLngfon and alao hadgcouanen fhaough exfennLon
of UnivertnLty o� cali#oanLa, Ox�oad and the College o�
Malt Ln. For the pant fhaee yearn duaing my netLnemenf
I have ILved at the /Rogue Valley fianoa but on �LndLng
that moat o� my fime and Lnfeaeat wan taken up wLfh
activLtien Ln Anhland we decLded to live there inatead.
O� couane theater activLtien arte gaeatly aeaponnLble
/oa oua move to yours city.
My u,L�e and I have a gaeat Lnteaenf La the fheatea and
music and have funf aefunned �aom a month Ln England
where we studied wLfh a gaoup nom (/.C. Santa Baabaaa.
We arte membean of the aymphonq![� nocLefy, the S.O.S.C.
chambea munLc neaLen and the JchneLdea fiuneum where
I have funf been elected to the board.
In the Meld o� aatn I waa the �Lant dLnectoa o� the
Cuaay County Aat fiuneum which waa �edeaaly nponaoned
2.
Ln the Late 30 '4 a4 an experLmeni Ln 6ninging the ant4
to an L4olafed community that had never experienced
Ouch expoaurte pnevLou4ly.
In LongvLew, Wa4hLngfon I ongg.anLjed and headed the Lower
Colum6La Anf4 A44ocLafion. Ez Lng fhL4 time Ln the
50 '4 I wa4 Ln buALne44 and verty active in Chamber of
Commence a��aLa4. In 1955 1 wa4 named "Man o� the yeah"
in Kel4o �or m three year e��ont to exta6LL4h a municipal
Lndu4fpLaI pan whLch wa4 vent' 4ucce44�ul and Lmproved
the tax 6a4e 0r the cify.
HL4fony ha4 alway4 been one of my compellLng infeaeaii
and I enjoy mem6ert4hLp Ln the CowlLfg County Hi4tonLcal
SocLefy, fhe CalLlonnLa HL.atortLcal Society, the
Opegon 11L4tonLcal Society, The Southern Oregon HLatory
SocLef , the Furtn Lfure HL4fvpy Society o� fhe VLcionLa
and Al e A i Mu4eum in London, the Sonoma LCaLLlonnLa)
Depot Mu4eum wherte I wa4 fechnical direcfort and the
Sonoma State Park Hi4fonLcal Society wherte 14enved a4
a 6oand mem6en.
DuALng the ten yean4 we 4pent Ln Sonoma I wa4 acfLve Ln
pnopenfy management and owned 4evertal rtental unLf ,
mo4tly Ln condominLum4. FLndLna a need �or a 4
oLnt e�Oat
and co-openafLon I onganL�ed all the Local condominLum
6oard4 Lnto a 6rtoad ba4ed gnoup to 4olve Local pno6lem4
and educate fhoae, ieeRng to puncha4e and openate Ouch
apantment4.
ThL4 Ln funn led to "council WafchLng" when I �ound if
nece44a4y to attend moat cLfy councLL and planning 4e44Lon4.
to 4peak �or what 14aw a4 cifLSen4 ' nLght4. Oun mo4f
out4tandLng achievmenf wa4 Ln convincLng the city council
to change the city plan and nevoke pepmL44LOn �0n a
developer to 6uLld what would have been a defrLmeni
to the entLae hill4Lde 6achgnound o� the city. The
e��ont took 4ome yean4 to accomplL4h but dLd 4ucceed
Ln making cLty g,ovennment aware o� envinonmenfal dangep4
a4 oppo4ed to LndLvLdual pnoperfy gaLn4.
SLnce comLng to Med�ord my out4Lde Lntere4t Ln addLtLon
to Habitat 7-on Humanity have been Ln the �Lgld o� ant.a.
In that connectLvn I wa4 a member o� the 4teening commLttee
0A re4fonLng the Cnaterean Theater a4 a per�ormLng
art4 cenfen.
Should you wL4h to LntertvLew me I can be peached at
ppe4ent at 1623 Meadow _ VLew Dr. Ln med ond, phone
857-6823 . my new addne44 wL11 be 580 bah Street, 44hland
phone 488-7895•
Verty fitly you
AntAuA Wa44en
RUTIi M. MILLER PHILIP C. LANG.LCSw
758 b Stueet • Ashland Oregon 97520
503 482-8659
October 11, 1995
Planning Dept.
City of Ashland
20 East Main
Ashland, Ore-on 97520
Hand delivered Via Kelly Madding on 10/11/95.
Re. : Affordable Housing Commission
TO WHOM IT MAY CONCERN:
I would like to be consideredfor membership on the City of Ashland Affordable
Housing Commission, which I understand it about to be started up again.
My complete Resume, including an addendum on my housing related activities.
I have an enormous interest in the policy, planning and financial issues
involved in affordable housing and a commitment to creating it 'in Ashland.
Thanks for your consid tion.
i
PHILIP C. ANG, LCS
enc. Resume
• • ..�„Vw I!iG4CY'6u956LLY42C/'l::L:rF _..
Philip Charles Lang
ADDRESS: 758 B Street, Ashland, Oregon 97520
PHONE: (503) 482-8659
SOC. SEC. #: 131-30-1523
OREGON D.L.#: 5663744
EDUCATION: Columbia College, N.Y.C. A.B.
University of California,-Berkeley. M.S.W.
University for Humanistic Studies, San Francisco.
Coursework completed, working on dissertation (Ph.D.)
LICENSES/CERTIFICATES:
LCSW - State of Oregon, #1141
LCSW - State of California, #5500
Lifetime credentials - California Community College
System: Instructor, Counselor, Supervisor
ACSW - Academy of Certified Social Workers (N.A.S.W.)
PROFESSIONAL EXPERIENCE:
1994 - Executive Director - Crisis Intervention Services, Inc.
Chief Executive Officer of a multi-program nonprofit corporation
including: a large domestic violence shelter, rape crisis, parent
education, and child abuse prevention programs and a 24-hour
crisis/information and referral "hotline.”
Special Achievements:
Organized enormously successful fund raising campaign.
Wrote successful, innovative grants involving collaborative activities
with a range of organizations.
Initiated and helped shape a merger of the agency with three others.
1988 - 1993 Executive Director - Peninsula Volunteers, Inc.
Chief Executive Officer of two multi-million dollar budget non-profit
corporations operating a large senior center, adult day care center, and
two low income senior/disabled housing complexes.
S'peciai Achievements:
Revamped/developed personnel policies, endowment investment
management, business and insurance policies, and donation
management system.
Philip Charles Lang / page 2
Secured funding from local municipalities.
Increased funding from AAA substantially.
Raised grant,corporate, business, and individual donations for kitchen
expansion to serve meals programs.
Secured grants for major rehabilitation of one of the agency's housing
developments.
Initiated and staffed program evaluation/long-range planning
committee.
1985 - 1991 Founder and President - Philip C. Lang Associates, Inc.
A for-profit corporation providing human services consultation,
planning, training in management, fund-raising, and organization
development. Conducted private therapy practice.
Special Achievements:
Developed a special therapy practice-working with severely/acutely/
terminally/mysteriously ill client.
Had major contract for services with a large HMO.
1985 Executive Director - AASK America, Inc.
Headed an agency providing adoption services for challenged children.
Special.Achievements
Implemented training for adopting entities in Nevada and Arizona.
1980 - 1984 Executive Director - Bay Area Community Services, Inc.
Chief Executive Officer of a multi-million dollar budget, multi-
program, multi-county non-profit corporation. The agency provided
gerontological, mental health services, and services to autistic/disabled
clients. The organization had over 300 employees, 600 volunteers,
provided services at over 100 sites, and was multi-racial and multi-
ethnic in staff and clientele.
Special Achievements:
Reorganized persnnnel and business management policies.
Found a headquarters and moved the agency.
Secured funding for development of a kitchen for the large-scale senior
meals program.
Developed fund-raising plan.
Created program for autistic residential program; secured site and
funding (Alliance for Living & Learning).
Secured grant and initiated construction of 12-unit transitional housing
for recovering mentally ill clients.
1975 - 1950 Executive Director - Contra Costa Crisis and Suicide Intervention
Service
Chief Executive Officer of a county-wide, non-profit suicide preven-
tion/intervention agency.
I
Philip Charles Lang / page 3
Special Achievements:
Built the agency from a $22K budget to $350K budget, and staff from
1 FTE to 5.
Secured agency's first county and state funding.
Developed five new crisis intervention programs, including walk-in
service, "assertive follow-up," and groups.
Found new home for agency, and managed the move.
1973 - 1975 Coordinator - Board & Care.Consultation Unit, Santa Clara County
Mental Health Services
Developed and supervised a multi-disciplinary unit working with
residential care facilities serving the mentally ill and developmentally
delayed. The goal was to develop rehabilitative and resocialization
programs in the facilities and the community.
Special Achievements:
Developed a wide range of programs based on social learning and
educational models.
Coordinated and/or co-led training programs for owners and staff of
residential facilities.
Recruited and trained volunteers for special programs.
Wrote training manuals, handbooks; produced videotapes.
1972 - 1973 Instructor - Chapman College
Contract instructor for MFCC Program courses.
1972 - 1973 Psychiatric Social Worker III - Santa Clara County Mental Health
Services
Community services team leader, coordinator of day treatment, and
direct service (individual and group therapy) provider.
1972 Executive Director- Brotherhood Way Jewish Community Center, San
Francisco (interim position)
1970 - 1971 Fieldwork Supervisor - U.C. Berkeley, School of Social Welfare
Supervised second year MSW students in gerontology.
1969 - 1971 Director of Social Services - California Rural Legal Assistance
Special Achievements:
Designed and implemented a self-help advocacy program for those 55
years of age and older.
Recruited, trained, and deployed senior lay advocates.
Wrote major book/training manual on paralegal advocacy.
1966 - 1969 Supervisor I - Alameda County Social Services Agency
1965 - 1967 MSW Program - University of California, Berkeley
Philip Charles Lang / page 4
1963 - 1965 Social Worker I & II - Alameda County Social Services Agency
PROFESSIONAL ACTIVITIES:
Community Organization/Consultation/Training
Age Center Alliance- Founding member of the Board. Secured first funding grant. A non-
profit committed to developing innovative programs in gerontology
(1988-1993).
ALMACA (Association of Labor and Management Consultants on Alcoholism)
Designed and taught their first professional development seminar
(1980) and workshop on crisis/suicide management (1982).
American Society on Aging
"Long-Term Care: How Long? What Terms? Who Cares?" - A
public policy workshop (Washington, D.C., 1989).
"Eco-Gerontology" (San Francisco, 1990).
"Eco-Gerontology: A New Age for Aging" - Intensive workshop (San
Francisco, 1994).
Ashland/Talent High Schools
Yearly, two-day class for seniors in psychology. Done annually since
1986.
Berkeley Family Alzheimer's Family Respite Center
Consultant (pro bond) (1988).
California Legislative Council for Older Americans
A senior power group organized around health care issues. Major
organizer. Developed health care proposals (1970-1971).
California - State - White House Conference on Aging
Health Care Task Force. Authored proposals adopted by conference
(1971).
Death, Dying, and Terminal Illness
Organizer and presenter at this ground-breaking conference for lay
people and professionals in Contra Costa County (1976).
San Francisco - Mayor's Technical Advisory Committee on Aging
Appointed by major. Worked on S.F. Master Plan for Aging.
Represented City at State White House Conference (1971).
Philip Charles Lang / page 5
Social Service Workers' Union - Local 535
Organizer - Statewide and Alameda chapter. Served on Alameda and
State executive boards. Drafted basic collective bargaining agreement.
Chief of collective bargaining for Alameda County (1967-1969).
Winds of Change - State of Washington Conference on Aging
Papertworkshop on long-term care (1988).
Workshops Have led many workshops at U.C. Berkeley, S.O.S.C., N.I.H., funded
etc. on public social welfare policy, mental health issues, gerontology.
Publications/Film
Advocacy for Older Americans - Training film for paralegal advocates. (1971).
"Hope: A Vital Force in Therapy" - Berkeley Journal of Social Welfare. (1967).
The Legal Paraprofessional as Advocate &Assistant: Roles, Concepts, and Training Materials
(with William P. Statsky). A landmark book and training manual for paralegal
advocacy. Published by The Columbia Center on Social Welfare Policy and Law.
(1971).
Rehabilitation Training Institute Manual - Materials for residential care facilities and staffs.
(1974-1975).
Stress Reduction and Crisis Prevention -A Primary Prevention Program for Industry. A manual
for training first-line supervisors. Funded by State of California 314(d) grant. (1976-
1977).
Videotapes
Maxwell Jones: The Therapeutic Community (interview. (1974).
The Best Is Yet To Be (a production of Sunset Films for Peninsula Volunteers Inc.
Developed concept and co-wrote script).
A Welfare System by Default: Views of California Welfare Administration in The Thirties.
Unpublished MSW Thesis. U.C. Berkeley. (1967).
it
HOUSING RELATED
ACTIVITIES
Bay Area Community Services Inc.
• Agency secured a 2+ million dollar grant to construct satellite senior homes-10 large-
scale low-income senior developments. Subsequently spun-off as an independent
corporation: Satellite Senior Homes, Inc.
• Agency initiated program of Oak Better Housing—acquisition and rehabilitation of
homes, with subsequent "resale" to low-income families.
• Secured $500,000 HUD grant to construct 16 units for mentally ill returning to
community (an independent living center).
• Developed a residential program for autistic young adults. Found private home and
secured funding to develop it as a 6-resident facility (Alliance For Living & Learning).
Peninsula Volunteers. Inc.
• 'Agency operates two HUD sponsored low-income senior housing developments:
Partridge Place and Crane Place (30 and 95 units respectively). These are, respectively,
HUD 202 and HUD Section 8 developments.
• As Executive Director, secured county housing and community development funds to
rehabilitate Partridge Place.
Private Initiatives
• Since 1985 have rehabilitated 16 units of affordable housing in Ashland and Medford,
Oregon.
• Have worked with community development groups, private individuals, and City of
Ashland on development of affordable housing.
• Knowledgeable about all phases of design, planning, construction, of individual and
multiple housing units.
• Informed about private and public sources of funding for housing.
e
Mayor Golden and City Council Members iOct. 7,1994 J j
City of Ashland, Oregon U-
Dear Gentlepersons:
I am writing to apply to serve on the newly formed Ashland Housing Commission. I believe my
experience and training,combined with my interest to be involved in the community in this
capacity make me an excellent candidate for your consideration.
Ashland has been my home for the last 11 years, and am familiar with the government structure
of the City and of the various housing issues the City and community face. I have a long time
interest in housing concerns, and was active in Hawaii on the Consumer Housing Task Force,
which included analyzing community needs, investigating solutions, and making
recommendations to local and state governments, agencies and private contractors for housing
solutions.
I am a trained facilitator, community organizer and program manager, and am familiar with
Community Development Block Grants and other funding sources. I am also aware of the
changes that are likely to come in the structuring of any federal funding and want to be an
advocate for that funding to address the housing needs of low and moderate income families.
My work experience in Oregon has been related to community services and the needs of women
and others in transition, so I am aware of the need for supportive services and the resources that
may be already available.
_ During the past year I have been looking for an opportunity to get involved in the community to
"give back" for the rewards of living here, and because I feel strongly that community
involvement is important. So, I was delighted to find the advertisement regarding the Housing
Commission and am sure I can contribute much to it.
Please contact me if you would like further information. Thank you for your consideration.
Sincerely;
Lkk,
Gerry E. Sea
P.O. Box 405, Ashland
Phone 488-1574
E-mail: seahaas @mind.net
c
GERRY E. SEA
P.O. Box 405 • Ashland, OR 97520-0014 • Phone 488-1574
OBJECTIVE
A COMMUNITY VOLUNTEER POSITION UTILIZING MY TRAINING, EXPERIENCE
AND INTERESTS, SERVING AS A MEMBER OF AN ORGANIZATION AIMED AT
IMPROVING HOUSING CONDITIONS IN ASHLAND.
EXPERIENCE
Rogue Community College,Training Resources for Women.
OUTREACH SPECIALIST/INSTRUCTOR 1989-Present Jackson County, OR.
Provide educational, job training and support services to individuals in transition.
Develop needed programs, classes,trainings& resources to serve population. Specialist
in gender equity and non-traditional employment for women.
Dunn House,Crisis Intervention Services
PROGRAM MANAGER 1984-1988 Jackson County,OR.
Managed shelter & related services for victims of domestictsexual violence.
Responsibilities included: fiscal management; personnel supervision; grant writing &
fundraising; community outreach & education; advocacy; agency & government
networking; preparation of reports; services supervision & development; direct client
services; Board relations.
Health&Community Services Council of Hawaii
COMMUNITY PLANNER/PROJECT COORDINATOR 1982-1984 Honolulu,HI
Organized Single Parent Family Advocacy Network (SPAN). Responsibilities included:
community organizing; housing & services advocacy with government & private
organizations; needs assessments; networking; Board relations;community education.
Child Care Information& Referral Switchboard
EXECUTIVE DIRECTOR 1979-1982 Oahu, HI
Developed&managed this demonstration project for the State of Hawaii. Responsible for.
staff supervision; fiscal management; services development; advocacy with government,
public& private agencies/businesses; community organizing;community education.
RELEVANT TRAINING
Oregon Women's Leadership Institute
Community Organizing: Organize Inc. &Institute for the Advancement of Peoples
Program Management/Fundraising/Grantswdtng
Domestic/Sexual Violence
Lobbying&Advocacy
University of Hawaii: Human Development
COMMUNITY INVOLVEMENT
Board of Directors, Oregon Coalition Against Domestic&Sexual Violence
Community Organizer: OCADSV
Family Leadership Development Program,Oregon State University
Consumer Housing Task Force, Oahu Hawaii
Board of Directors, Rural Leadership Development Program, Oahu Hawaii
Board of Directors, Child& Family Services of Oahu
State of Hawaii/National/Regional VISTA Advisory Boards
Officer, Hawaii Women's Political Action League
` pF AS�Z.
` - �y
November 4, 1995
pREGO . .
Q: Mayor and City Council
rpm: Jill Turner, Director of Finance
1Z�j1'Ct. Financial Report for September 30, 1995
Attached is the September 30, 1995 Financial Report for the City of Ashland. It does not
include the Hospital or Parks and Recreation Commission reports, which were released to their
respective boards and commissions. Unaudited balance sheets, expenditure and revenue reports
are available for review in the Finance Office.
Budgetary Compliance The first 19 pages are the Statement of Resources and Expenditures
for the three months ended September.30, 1995. The last two pages are a listing of Cash and
Investments by Fund and Investments by type and holder. 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 not an
issue this early in the fiscal year. Several adjustments will be recommended in the near future.
Accounting Policies The Governmental Accounting Standards Board issued a new standard on
the recognition of tax revenue for the 1994-95 fiscal year. Basically it calls for the recognition
of tax revenue when earned rather than when received. This meant that five quarters of Hotel
Motel, Food and Beverage Tax and state subventions were included in the 1994-95 accounting.
This resulted in a higher than expected fund carryover in the General Fund, Street Fund,
Capital Improvements Fund and Sewer Fund. Remember this is a timing difference so
comparison between fiscal years is more difficult.
Individual Funds
General Fund The General Fund resources are at 32.01% of budget which is comparable with
last year. The carryover to the 1995-96 Budget (fund balance at June 30, 1995) was $979,000.
Without the additional accrual of $244,000 (accounting change) the carryover would have been
$27,000 less than budget. General Fund resources adjusted for this accrual are $1,915,000,
which is almost equal to the September 31 balance of $1,912,000, illustrating the flattening of
the General Fund revenue stream. Expenditures total $1,492,000, up $44,000 compared to
$1,449,000 last September 30.
Water Fund In the spring of 1994 the City adopted a new water rate schedule which was
designed to encourage conservation. Financial stability was an accepted weakness in the rate
design. In the summer of 1994 the City earned more than expected with the very hot dry
summer. With the cool wet summer of 1995 the City earned $73,000 less than the previous
year, even with an intervening rate hike of 20%. Staff has prepared a plan to deal with these
shortages.
Sewer Fund The Sewer Fund budget will require some amendments to align it with the
sewage treatment plan. Sewer charges are earning 10% over the previous year. Again sewer
charges are based on winter average residential water use, as well as overall commercial water
use. Both residential winter use and commercial use have decreased from the previous year.
Electric Fund The Electric Fund revenues are slightly less than at this time last year. This is
primarily due the decrease in air conditioning load, as well as the Croman loss.
G Aj H1Xwp\cw=H\qfs\gfsVt.95
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the three months ended September 30, 1995
GENERAL FUND
RESOURCES BUDGET ACTUAL VARIANCE %12
Working Capital Carryover 762,000 979,564 -217,564 128.55&
---------- ----------- ----------
Taxes 4,627,000 878, 758 3,748,242 18.99%
Licenses and Permits 325,000 71,054 253,946 21.86%
Intergovernmental Revenue 443,000 34,330 408,670 7.751k
Charges for Services 283,000 94,475 188,525 33.38%
Fines and Forfeitures 176,000 60,664 115,336 34.471,
Interest on Investments 60,000 18,882 41,116 31.47%
Miscellaneous Revenues 62,500 14,642 47,858 23.43%
Operating Transfers In 6,500 6,612 -112 101.72%
---------- ----------- ----------
TOTAL 6, 745,000 2,158,981 4,586,019 32.01%
EXPENDITURES
Human Resources 79, 000 23,150 55,850 29.30%
Economic Development 235,000 69,320 165,680 29.50%
Miscellaneous 78, 000 2,678 75,322 3.43%
Debt Service 93,000 46,288 46, 712 49.77%
Operating Transfers Out 55,000 33,000 22, 000 60.00%
Operating Contingency 195,000 0 195,000 .00%
Police 2,320,000 557, 043 1,762,957 24.01%
Municipal Court 173, 000 38,283 134, 717 22.13%
Communications 541,000 72,537 468,463 13.41%
Fire 1, 912, 000 448,348 1,463,652 23.45%
Senior Program 122,000 27,319 94,681 22.39%
Planning Division 434,000 101,259 332,741 23.33%
Building Division 327, 000 73,170 253,830 22.38%
---------- ----------- ----------
TOTAL EXPENDITURES 6,564, 000 1,492,395 5,071,605 22.74%
---------- ----------- ----------
ENDING FUND BALANCE 181,000 666,586 -485,586 368.28%
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the three months ended September 30, 1995
CEMETERY FUND
BUDGET ACTUAL VARIANCE
RESOURCES
Working Capital Carryover 98,000 106,995 -8,995 109.18k
---------- ----------- ----------
Taxes 132,000 2,690 129,310 - 2.04%
Charges for Services 45,000 16,539 28,461 36.75%
Interest on Investments 5,000 1,835 3,165 36.70%
Operating Transfers In 45,000 11,216 33,784 24.921
---------- ----------- ----------
TOTAL 325,000 139,275 185,725 42.85
EXPENDITURES
Personal Services 93,000 24,481 68,519 26.32$
Materials and Services 130,000 42,424 87,576 32.63
Capital Outlay 14,500 0 14,500 .00%.
Operating Transfers Out 500 500 0 100.001
Operating Contingency 15,000 0 15,000 .008
---------- ----------- ----------
TOTAL 253,000 67,405 185,595 26.64k
---------- ----------- ----------
TOTAL EXPENDITURES 253,000 67,405 185,595 26.64$
---------- ----------- ----------
ENDING FUND BALANCE 72,000 71,870 130 99.82
a
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the three months ended September 30, 1995
BAND FUND
BUDGET ACTUAL VARIANCE
RESOURCES
Working Capital Carryover 57,000 60,110 -3,110 105.46$
---------- ----------- ----------
Taxes 47, 000 919 46,081 1.96*
Interest on Investments 2,000 995 1,005 49.758
---------- ----------- ----------
TOTAL 106,000 62, 024 43,976 58.51
EXPENDITURES
Personal Services 5,000 4,573 427 91.46
Materials and services 46,000 22,622 23,378 49.18%
Operating Contingency 2,000 0 2,000 .00%.
---------- ----------- ----------
TOTAL 53, 000 27,195 25,805 51.31%
---------- ----------- ----------
TOTAL EXPENDITURES 53,000 27, 195 25,805 51.31%
---------- ----------- ----------
ENDING FUND BALANCE 53,000 34,829 18,171 65.72%
n
J
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the three months ended September 30, 1995
COMMUNITY BLOCK GRANT FUND
BUDGET ACTUAL VARIANCE k
RESOURCES
Working Capital Carryover 0 -725 725
---------- ----------- ----------
Intergovernmental Revenue 393,000 -3,859 396,859 -.98$
Operating Transfers In 15,000 0 15,000 .00*
---------- ----------- ----------
TOTAL 408,000 -4, 584 412,584 -1.12$
EXPENDITURES
Personal Services 33,000 7,493 25, 507 22.71
Materials and Services 289,700 4,260 285,440 1.47$
Capital Outlay 70,300 0 70,300 .00%.
Debt Service 15,000 0 15,000 .00$
---------- ----------- ----------
TOTAL 408,000 11,753 396,247 2.88%
---------- ----------- ----------
ENDING FUND BALANCE 0 -16,337 16,337
ly
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the three months ended September 30, 1995
STREET FUND
BUDGET ACTUAL VARIANCE
RESOURCES
Working Capital Carryover 425,000 700,858 -275,858 164.9116
---------- ----------- ----------
Taxes 338,000 89,525 248,475 26.49$
Intergovernmental Revenue 817,000 125,266 691, 734 15.33%
Charges for Services 539,000 121,841 417,159 22.6116
Interest on Investments 20,000 10,703 9,297 53.5216
Miscellaneous Revenues 6,000 757 5,243 12.6216
---------- ----------- ---------
TOTAL 2,145,000 1,048,950 1,096, 050 48.90%
EXPENDITURES
Personal Services 582,000 151,310 430,690 26.0016
Materials and Services 1, 033,000 258,308 774,692 25.0116
Capital Outlay 297,000 11,207 285,793 3.7716
Debt Service 4,000 6,505 -2, 505 162.63%
Operating Transfers Out 50,000 0 50,000 .008
Operating Contingency 55,000 0 55,000 .00%
---------- ----------- ----------
TOTAL 2,021,000 427,330 1,593,670 21.14$
---------- ----------- ----------
TOTAL EXPENDITURES 2,021,000 427,330 1,593,670 21.14%
---------- ----------- ----------
ENDING FUND BALANCE 124,000 621,620 -497,620 501.31$
S
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the three months ended September 30, 1995
AIRPORT FUND
BUDGET ACTUAL VARIANCE
RESOURCES
Working Capital Carryover 17,000 15,797 1,203 92.92
---------- ----------- ----------
Charges for Services 57,000 13,913 43,087 24.418
Interest on Investments 1,000 305 695 30.50&
Miscellaneous Revenues 0 1,000 -1,000
---------- ----------- ----------
TOTAL 75,000 31,015 43,985 41.35
EXPENDITURES
Materials and Services 42,000 7,065 34,935 16.82%
Operating Transfers Out 2,300 2,511 -211 109.17$
Operating Contingency 5,000 0 5,000 .00&
---------- ----------- ---------
TOTAL 49,300 9,576 39,724 19.42
---------- ----------- ----------
TOTAL EXPENDITURES . 49,300 9,576 39,724 19.428
---------- ----------- ----------
ENDING FUND BALANCE 25,700 21,439 4,261 83.42%
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the three months ended September 30, 1995
CAPITAL IMPROVEMENTS FUND
BUDGET ACTUAL VARIANCE $
RESOURCES
Working Capital Carryover 581,000 919,159 -338,159 158.20$
---------- ----------- ----------
Taxes 223,000 62,701 160,299 28.12$
Intergovernmental Revenue 875,000 24,618 850,382 2.81$
Charges for Services 160,000 16,740 143,260 10.46$
Assessment Payments 100,000 0 100,000 .00$
Interest on Investments 37,000 14,464 22,536 39.09$
Miscellaneous Revenues 48, 000 9,603 38,397 20.01$
Other Financing Sources 1,515,000 0 1, 515, 000 .00$
Operating Transfers In 50,000 0 50,000 .00$
---------- ----------- ----------
TOTAL 3,589,000 1, 047,285 2,541,715 29.18%
EXPENDITURES
Personal Services 1,000 0 1,000 .00$
Materials and Services 81,000 30, 713 50,287 37.92$
Capital Outlay 2,900,000 431,333 2,468,667 14.87$
Debt Service 1,000 0 1,000 .00%
Operating Transfers Out _ 295,000 195,000 100, 000 66.10$
Operating Contingency 100,000 0 100,000 .00$
---------- ----------- ----------
TOTAL 3,378,000 657,046 2,720, 954 19.45$
---------- ----------- ----------
TOTAL EXPENDITURES 3,378,000 657,046 2,720,954 19.45$
---------- ----------- ----------
ENDING FUND BALANCE 211,000 390,239 -179,239 184.95$
7
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the three months ended September 30, 1995
HOSPITAL IMPROVEMENTS FUND
BUDGET ACTUAL VARIANCE t
RESOURCES
Working Capital Carryover 250,000 300,804 -50,804 120.32t
---------- ----------- ----------
Interest on Investments 10,000 5,529 4,471 55.29
---------- ----------- ----------
TOTAL 260, 000 306,333 -46,333 117.821
EXPENDITURES
Capital Outlay 260,000 0 260,000 .00%
---------- ----------- ----------
TOTAL 260,000 0 260,000 .00%;
---------- ----------- ----------
ENDING FUND BALANCE 0 306,333 -306,333
V
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the three months ended September 30, 1995
BANCROFT BOND FUND
RESOURCES BUDGET ACTUAL VARIANCE %
Working Capital Carryover 459, 000 433,246 25,754 94.39%
---------- ----------- ----------
Assessment Payments 200, 000 68,271 131,729 34.14%
Interest on Investments 32,000 7,867 24,133 24.58%
---------- ----------- ----------
TOTAL 691, 000 509,384 181,616 73.72%
EXPENDITURES
Debt Service 452,000 0 452,000 .00%
--------- ----------- ----------
TOTAL 452,000 0 452,000 ..00%
---------- ----------- ------—--
TOTAL EXPENDITURES 452,000 0 452,000 .00%
---------- ----------- ----------
ENDING FUND BALANCE 239,000 509,384 -270,384 213.13%
J
9
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the three months ended September 30, 1995
GENERAL BOND FUND
BUDGET ACTUAL VARIANCE $
RESOURCES
Working Capital Carryover 256,000 248,117 7,883 96.92$
------ ----------- ----------
Taxes 208,000 1, 918 206,082 .92$
Interest on Investments 15,000 5,743 9,257 38.29$
Operating Transfers In 259,000 259,000 0 100.00$
---------- ----------- ----------
TOTAL 738,000 514, 778 223,222 69.75$
EXPENDITURES
Debt Service 460,000 263, 754 196,246 57.34$
---------- ----------- ----------
TOTAL 460,000 263, 754 196,246 57.34$
---------- ----------- ----------
TOTAL EXPENDITURES 460,000 263, 754 196,246 57.34$
---------- ----------- ----------
ENDING FUND BALANCE 278,000 251, 024 26,976 90.30$
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the three months ended September 30, 1995
DEBT SERVICE FUND
BUDGET ACTUAL VARIANCE
RESOURCES
Working Capital Carryover 97, 000 101,617 -4,617 104.761
---------- ----------- ----------
Interest on Investments 5,700 3,259 2,441 57.18
Miscellaneous Revenues 10,000 0 10,000 .00%-
Operating Transfers In 297,300 197,511 99,789 66.438
---------- ----------- ----------
TOTAL 410, 000 302, 387 107,613 73.75
EXPENDITURES
Debt Service 317,000 81,241 235,759 25.638
---------- ----------- ----------
TOTAL 317,000 81,241 235,759 25.63%
---------- ----------- ----------
TOTAL EXPENDITURES 317,000 81,241 235,759 25.63$
---------- ----------- ----------
ENDING FUND BALANCE 93, 000 221, 146 -128,146 237.79%
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the three months ended September 30, 1995
ADVANCE REFUNDING BOND FUND
BUDGET ACTUAL VARIANCE $
RESOURCES
Working Capital Carryover 1,132,000 1,181,455 -49,455 104.37$
---------- ----------- ----------
Interest on Investments 60,000 10, 593 49,407 17.66%
---7------ ----------- ----------
TOTAL 1,192,000 1,192, 048 -48 100.00%
EXPENDITURES
Debt Service 1,185,500 1,185,436 64 99.99%
Operating Transfers Out 6,500 6,612 -112 101.72%
---------- ----------- ----------
TOTAL 1,192,000 1,192,048 -48 100.00%
---------- ----------- ----------
ENDING FUND BALANCE 0 0 0
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the three months ended September 30, 1995
WATER FUND
RESOURCES BUDGET ACTUAL VARIANCE
Working Capital Carryover 4,466,000 4,173,759 292,241 93.464
---------- ----------- --------—
Charges for Services 2,936,000 922, 589 2,013,411 31.42%
Interest on Investments 163,000 17,408 145,592 10.68
Miscellaneous Revenues 1,000 26,431 -25,431 2,643.101
Other Financing Sources 25,000 0 25, 000 .00%.
---------- ----------- ----------
TOTAL 7,591,000 5,140, 187 2,450,813 67.71k
EXPENDITURES
Operations 5,084,000 878,809 4,205, 191 17.29%
Debt Service 345,000 82,336 262,664 23:87$
Operating Transfers Out 259, 000 259,000 0 100.00%
Operating Contingency 200,000 0 200,000 .001k
Forest Interface 115, 000 657 114,343 .57%
Water Conservation 89,000 19, 758 69,242 22.20%
---------- ----------- ----------
TOTAL EXPENDITURES 6, 092,000 1,240, 560 4,851,440 20.36%,
---------- ----------- ----------
ENDING FUND BALANCE 1,499, 000 3,899,627 -2,400,627 260.15$
/3
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the three months ended September 30, 1995
SEWER,FUND
BUDGET ACTUAL VARIANCE
RESOURCES
Working Capital Carryover 2,380, 000 2,525,333 -145,333 106.11%
---------- ----------- ----------
Taxes 890,000 252,133 637,867 28.33%
Charges for Services 2,034,000 498,737 1,535,263 24.52$
Interest on Investments 202,000 41,884 160,116 20.73%
Miscellaneous Revenues 5,000 0 5, 000 .00%
---------- ----------- ----------
TOTAL 5,511,000 3,318,087 2,192, 913 60.21%
EXPENDITURES
OPERATIONS
Personal Services 555,000 121,322 433,678 21.86%
Materials and Services 848,000 ( 204,736 643,264 24.14%
Capital Outlay 736,000 83, 566 652,434 11.35%
Operating Contingency 100,000 . 0 100,000 .00%
--—------ ----------- ----------
TOTAL 2,239,000 409,624 1,829,376 18.29%
---------- ----------- ----------
TOTAL EXPENDITURES 2,239,000 409,624 1,829,376 18.29%
---------- ----------- ----------
ENDING FUND BALANCE 3,272,000 2,908,463 363, 537 88.89%
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the three months ended September 30, 1995
ELECTRIC FUND
RESOURCES BUDGET ACTUAL VARIANCE
Working Capital Carryover 1,000,000 1,204,056 -204, 056 120.41%
---------- ----------- ----------
Intergovernmental Revenue 375,000 27,513 347,487 7.34%
Charges for Services 8,423,000 1,779, 005 6,643,995 21.12%
Interest on Investments 30,000 16,765 13,235 55.88%
Miscellaneous Revenues 20,000 -600 20,600 -3.00%
---------- ----------- ----------
TOTAL 9,848,000 3, 026,739 6,821,261 30.73%
EXPENDITURES
Electric Conservation 550,000 93,883 456,117 17..07%
Electric Operations 8,210,000 1,167,658 7, 042,342 14:22%
Operating Contingency 500,000 0 500,000 .00%
---------- ----------- ----------
TOTAL EXPENDITURES 9,260,000 1,261,541 7,998,459 13.62%
---------- ----------- ----------
ENDING FUND BALANCE 588,000 1,765,198 -1,177,198 300.20%
1
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the three months ended September 30, 1995
CENTRAL SERVICES FUND
BUDGET ACTUAL VARIANCE $
RESOURCES
Working Capital Carryover 275,000 279,741 -4,741 101.72$
---------- ----------- ----------
Charges for Services 2,286,000 572,575 1,713,425 25.05$
Interest on Investments 30,000 8,139 21,861 27.13%
Miscellaneous Revenues 5,000 159 4,841 3.18$
---------- ----------- ----------
TOTAL 2,596,000 860,614 1, 735,386 33.15$
EXPENDITURES
Administration 628,500 147,462 481,038 23.46$
Finance 1,095,000 226,259 868,741 20.66$
Operating Contingency 50,500 0 50,500 .00$
Public Works 527,000 132,315 394,685 25.11$
Computer Services 295,000 75,340 219,660 25.54$
---------- ----------- ----------
TOTAL EXPENDITURES 2,596,000 581,376 2,014,624 22.40$
---------- ----------- ----------
ENDING FUND BALANCE 0 279,238 -279,238
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the three months ended September 30, 1995
INSURANCE SERVICES FUND
RESOURCES BUDGET ACTUAL VARIANCE
Working Capital Carryover 1,070,000 1,062,297 7,703 99.28
---------- ----------- ----------
Charges for Services 480,000 57,373 422,627 11.95%
Interest on Investments 75,000 20,833 54,167 27.78
Miscellaneous Revenues 5,000 7,220 -2,220 144.40%
----—---- ----------- ----------
TOTAL 1,630,000 1,147, 723 482,277 70.41%
EXPENDITURES
Personal Services 15,000 2,048 12,952 13.65
Materials and Services 532,000 158,921 373, 079 29.87%
Operating Transfers Out 25,000 0 25,000 .-00%
Operating Contingency 400,000 0 400,000 .00%
---------- ----------- ----------
TOTAL 972,000 160,969 811,031 16.56%
---------- ----------- ----------
TOTAL EXPENDITURES 972,000 160, 969 811,031 16.56%
---------- ----------- ----------
ENDING FUND BALANCE 658,000 986,754 -328,754 149.96%
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the three months ended September 30, 1995
EQUIPMENT FUND
BUDGET ACTUAL VARIANCE $
RESOURCES
Working Capital Carryover 1,518,000 1,485, 094 32, 906 97.83%
---------- ----------- ----------
Charges for Services 990,000 238,102 751,898 24.05%
Interest on Investments 110,000 27, 945 82,055 25.40%
---------- ----------- ----------
TOTAL 2,618,000 1,751,141 866,859 66.89
EXPENDITURES
Personal Services 154,000 37,568 116,432 24.39
Materials and Services 363,000 66, 802 296,198 18.40%
Capital Outlay 404,000 3, 560 400,440 - ..88$
Operating Contingency 125,000 0 125,000 .00%
---------- ----------- ----------
TOTAL 1,046,000 107, 930 938,070 10.32
---------- ----=------ ----------
TOTAL EXPENDITURES 1,046,000 107, 930 938,070 10.32$
---------- ----------- ----------
ENDING FUND BALANCE 1,572,000 1,643,211 -71,211 104.53$
CITY OF ASHLAND
STATEMENT OF REVENUES AND EXPENDITURES
(BUDGETARY BASIS)
For the three months ended September 30, 1995
CEMETERY TRUST FUND
BUDGET ACTUAL VARIANCE %
RESOURCES
Working Capital Carryover 616,000 614,650 1,350 99.78';
---------- ----------- ----------
Charges for Services 8,500 3,916 4,584 46.07%
Interest on Investments 45,000 11,216 33,784 24.92
Operating Transfers In 500 - 500 0 100.00%
---------- ----------- ----------
TOTAL 670,000 630,282 39,718 94.07
EXPENDITURES
Operating Transfers Out 45,000 11,216' 33,784 24.928
---------- ----------- ----------
TOTAL _ 45,000 11,216 33,784 24:92&
---------- ----------- ----------
ENDING FUND BALANCE 625,000 619, 066 5, 934 99.05$
�" 9
City of Ashland
Schedule of cash and Investments
(By Fund)
CITY FUNDS
GENERAL $ 666, 969 . 87
CEMETERY 75, 265 . 87
BAND 37, 825 .29
COMMUNITY BLOCK GRANT FUND (14, 947 . 81)
STREET 570, 214 .28
AIRPORT 21, 438 . 81
CAPITAL IMPROVEMENTS 350, 521 . 87
HOSPITAL CONSTRUCTION 306, 333 . 38
BANCROFT BOND 506, 070 . 24
GENERAL BOND 252, 386 . 98
DEBT SERVICE 221, 147 : 12
ADVANCE REFUNDING BOND 0 . 00
WATER QUALITY 671, 918 . 13
WATER CONSTR. SUB-FUND (119, 385 . 76)
PROPRIETARY INVESTMENTS 2, 699,418 . 93
SEWER 508, 634 .19
SEWER CONSTR. SUB-FUND 1, 968, 878 . 20
ELECTRIC UTILITY 951, 646 . 14
CENTRAL SERVICES 372, 803 . 52
INSURANCE SERVICES 1, 089, 712 . 89
PROPRIETARY INVESTMENTS 300, 000 . 00
EQUIPMENT 1, 639, 429 . 65
CEMETERY TRUST 619, 066 . 06
--------------
TOTAL CITY 13, 695, 347 . 85
COMPONENT UNITS
SKI ASHLAND AGENCY 530, 795 . 00
HOSPITAL 5, 584, 318 .50
PARKS & RECREATION 949, 225 . 05
TOTAL COMPONENT UNITS 7, 064, 338 . 55
TOTAL CASH AND INVESTMENTS $ 20, 759, 686 .40
City of Ashland
Schedule of Cash and Investments
(By Source)
September 30, 1995
CASH AND. INVESTMENTS
PETTY CASH $ 948 . 00
U S BANK CONCENTRATION 281, 264 .42
FIB GENERAL . 1, 000 . 00
BANK OF AMERICA 1, 010 . 71
FIRST NATIONAL (CITY) -CANBY (228, 582 . 38)
USNB (CITY) PAYROLL (237, 680 . 98)
FIRST NATIONAL (HOSPITAL) (131, 263 . 31)
USNB (HOSPITAL) PAYROLL (116, 136 . 50)
USNB (APRC) PAYABLES (29, 708 : 63)
USNB (APRC) PAYROLL (17, 953 .45)
INTRA CITY BANCROFT
INTRA CITY G.O. WARRANTS
INTERFUND NOTES 0 . 00
L.G. I .P. 10, 655, 418 . 79
FIB T-BILLS
USNB T-BILLS 987, 357 .34
USNB T-NOTES 3 , 339, 420 . 91
FIB US T-NOTES 0 . 00
FIB B.A. 'S
USNB B.A. ' S
BEN FRANKLIN C.D. 'S
FIB C.D. ' S
JCF C.D. ' S
KLAMATH 1ST C.D. ' S
USNB C.D. 'S
U.S. GOV'T AGENCY INVEST 6, 254, 591 .48
--------------
TOTAL $ 20, 759, 686 .40
ASHLAND FIRE DEPARTMENT
MEMORANDUM
October 23, 1995
TO Mayor Cathy Golden And City Council
FROM Keith E. Woodleye"
Ashland Emergency Preparedness Committee Chair
SUBJECT Ashland Earthquake Exercise 196
The State of Oregon Department of Emergency Services will be
conducting a state-wide earthquake exercise during the week of
April 14 through 16th, 1996. They are inviting all Oregon local
communities to participate in this event. As a result of our
community-wide earthquake exercise in April 1994, a number of
weaknesses were identified in our operational readiness for major
emergencies within our community. This exercise is an excellent
opportunity to provide additional training to our city staff
with regard to their emergency management responsibilities.
Quake "X" 196 is designed to exercise the emergency plans of
the City of Ashland, SOSC, Ashland School District and Ashland
Community Hospital. The Ashland Emergency Preparedness Committee,
comprised of representatives from the City of Ashland, Ashland
Parks & Recreation, Southern Oregon State College, Ashland School
District, Mercy Flights Ambulance Company and Ashland Community
Hospital; will be the lead team coordinating this exercise to be
held on Monday, April 15th. The Committee is proposing a
"functional" exercise, rather than a full scale exercise as was
conducted in 1994 . The focus this time will be on the activities
of the Ashland Emergency Operations Center, instead of on
conducting wide-spread field activities. However, a multiple
casualty medical emergency is being staged in the field to
exercise the staff of the ACH emergency department, and
responding medics.
of principle concern to the planning group, is the issue of
achieving better integration of the Mayor and Council into the
existing emergency management structure of the city. City
Councilor Ken Hagen has been attending committee meetings and
will be keeping the Mayor and Council informed of planned
activities. This issue is being brought before the Council to
advise them of the planned activity, and to receive their
endorsement.
DRESCHER & ARNOLD nliS r r !n'
ATTORNEYS AT LAW )� __; •_: t' :""`" '-_, �
300 E. MAIN • P.O. BOX 760 '
ASHLAND, OREGON 97520 f
ALLEN G. DRESCHER, P.C. November 1, 1995 �LEPHONE_(503) 482.4935
G. PHILIP ARNOLD FAX (503) 4824"1---—
City Administrator
City Hall
20 East Main
Ashland, Oregon 97520
Re: Appeal Application
PA 95-101
Brian:
I represent the Interfaith Care Community of Ashland
the applicant and appellant herein . The appellant ' s
address is P .O . Box 3089 , 1650 Clarke Street, Ashland,
Oregon 97520 . Please address all correspondence or queries
to me.
The basis for the appeal is that we believe that all
applicable criteria for approval of the conditional use
permit have been met and we disagree with, and appeal from,
Conclusory Findings 2 . 2 , 2 . 4 , and 2 . 5 and the Decision
found in paragraph 3 . 1 of the Findings , Conclusions and
Orders of the Planning Commission dated October 25, 1995 .
The appeal fee was submitted to the Planning
Department on October 26, 1995 by Ms . Sue Crader. Because
of the nonprofit nature of the ICCA, the nature of the work
of the organization, and the limited funds available to it,
we request that the City Council waive the appeal fee in
this matter and return it to the ICCA for use in its
mission.
We would like to get this matter before the City
Council as soon as possible. Please advise me of the date
when it has been set .
Thank you.
Sincerely,
GPA/amy G Philip Arnold
ICCA
November 2, 1995
Brian Almquist, Ashland City Administrator
Ashland Mayor and City Council
RE: Planning Action 95-101
Dear Mr. Almquist, Mayor and Councilors:
The Railroad District Association and Historic "B"
Street Neighborhood Association learned through the
newspaper on the evening of Thursday, October 26, 1995,
that the ICCA has filed an appeal to the Ashland City
Council of the Planning Commission's denial of their
conditional use request and has obtained an attorney. A
meeting was held by the Railroad District on Monday,
October 30, to discuss the matter, and at that time we
decided to also hire an attorney.
We were informed by the Planning Department that a
hearing date has not yet been set, but the earliest date
this appeal could be heard is November 21, with documents
to be filed by November 17, and ten days notice given to
the parties.
This is too soon for our neighborhood association to
respond to this appeal. Our attorney, John Hassen, is not
able to meet with us until November 9. One week is not
adequate to complete preparations for the hearing.
Therefore, we request that the hearing be held at a
later date. December 5, which is the next City Council
meeting, is preferable. Mr. Hassen will require
sufficient time to review the case, prepare and advise us.
After his counsel, the neighborhood association will need
to call a meeting of the entire group and give adequate
notice of such. Following the meeting, we will need some
time to submit our documentation, or we will be
prejudiced.
As the prevailing party, we ought to have a
reasonable opportunity to confer with an attorney, call
our neighborhood meeting and prepare our case.
4 Si c�,
K Abbett S Bring
Secretary
Historic "B" Street
Neighborhood Association
Contents of Record for Ashland Planning Action 95-053
AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL
CODE, CHAPTER 18.72 OF THE LAND USE ORDINANCE,
REQUIRING THE PROVISION OF RECYCLING FACILITIES
FOR ALL COMMERCIAL AND RESIDENTIAL MULTI-
FAMILY PROJECTS.
APPLICANT: CITY OF ASHLAND
-Proposed Ordinance Amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
-- Minutes from Planning Commission Meeting 8/8/95 . . . . . . . . . . . . . . . . . . 3
- Staff Report 7/11/95 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
ORDINANCE NO.
AN ORDINANCE AMENDING THE ASHLAND
MUNICIPAL CODE, CHAPTER 18.72 OF THE LAND USE
ORDINANCE, REQUIRING THE PROVISION OF
RECYCLING FACILITIES FOR ALL COMMERCIAL AND
MULTI-FAMILY PROJECTS.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 18.72.060.K4. of the Ashland Municipal Code, Land Use
Ordinance is amended to read:
4. Opportunity-to-recycle site and solid waste receptacle, including proposed
screening.
SECTION 2. Section 18.72.115 of the Ashland Municipal Code, Land Use Ordinance is
added to read:
18.72.115 - Recycling Requirements All commercial and multi-family developments,
requiring a site review as indicated in 18.72.040, shall provide an opportunity-to-recycle
site for use of the project occupants.
A. Commercial. Commercial developments having a solid waste receptacle shall
provide a site of equal or greater size adjacent to or with access comparable to
the solid waste receptacle to accommodate materials collected by the local solid
waste franchisee under its on-route collection program for purposes of recycling.
Both the opportunity-to-recycle site and the common solid waste receptacle shall
be screened by fencing or landscaping such as to limit the view from adjacent
properties or public rights-of-way.
B. Multi-Family Residential. All newly constructed multi-family units, either as
part of an existing development or as a new development, shall provide an
opportunity-to-recycle site in accord with the following standards:
1. Multi-family developments NOT sharing a common solid waste
receptacle shall provide an individual curbside recycling container for each
dwelling unit in the development.
2. Multi-family developments sharing a common solid waste receptacle
shall provide a site of equal or greater size adjacent to or with access
comparable to the common solid waste receptacle to accommodate
materials collected by the local solid waste franchisee under its residential
on-route collection program for purposes of recycling. Both the
opportunity-to-recycle site and the common solid waste receptacle shall be
screened by fencing or landscaping such as to limit the view from adjacent
properties or public rights-of-way.
The foregoing ordinance was first READ on the day of 1995,
and duly PASSED and ADOPTED this day of . 199.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of . 1995.
Catherine M. Golden, Mayor
Approved as to form:
Paul Nolte, City Attorney
I
Jarvis wanted to add to Condition 12 the following: "....to insure that.the grass pavers
will be sufficient to deal with the proposed traffic in that area".
Howe moved to add Condition 15: 'That provisions be made for four exterior bicycle
parking spaces". Carr seconded the motion and it carried unanimously.
Howe moved to add Condition 16: "That there be grass pavers or other permeable
material maintained for the compact parking spaces in back of Unit 4". Carr seconded
the motion. Finkle commented that the trees are along the whole area and would like
the developer, landscape architect, and arborist to decide what is best for the trees.
The motion carried with Howe, Bingham, Jarvis, and Giordano voting "yes" and Carr,
Finkle, and Cloer voting "no".
Carr moved to approve Planning Action 95-084 with the 12 original and four added
Conditions. Howe seconded the motion and it carried unanimously.
TYPE III PUBLIC HEARING
PLANNING ACTION 95-053
AMENDMENT TO THE SITE DESIGN AND USE STANDARDS CHAPTER 18.72 OF
THE LAND USE ORDINANCE REQUIRING THE PROVISION OF RECYCLING
FACILITIES FOR ALL COMMERCIAL AND MULTI-FAMILY PROJECTS.
STAFF REPORT
The Conservation Committee met and suggested the amendment. The suggestion for
recycling in the past has come up over and over again under Site Review and has
become a standard Condition to add recycling facilities.
Bingham said the wording is not very specific. He thought a dumpster would be used
and all recycling materials would be mixed up. Should some language be added
about compartmentalized recycling? He is also concerned about keeping the facilities
clean and maintained.
Finkle is not comfortable with the language as it does not allow for much flexibility, for
example, that the recycling area should be next to the solid waste area. In some
cases, that might not be the best situation. If a common receptacle is not provided, is
an Ashland Sanitary bin provided?
Carr thought the wording 'opportunity to recycle site" and the "common waste" is
vague. Molnar said the terms are defined in the ordinance.
ASHUWD PLANNING COMMISSION
REGULAR MFEnNG 5
MMUST 8,19%
MINUTES
3
i
PUBLIC HEARING
Hagen said the term "opportunity to recycle" is out of the State law. The reason for
instructing the landlords to provide the blue Ashland Sanitary bins in the units is
because there is a better chance the bin would stay in the unit when renters leave (it's
part of the property, not their own). There is an ordinance that requires the landlord
keep this area clean and gives sorting instructions. It is not tied into the land use
ordinance. Hagen said the intent is to make recycling as easy as possible and that by
providing it next to the garbage, it would be a reminder to tenants to.use and also an
opportunity to educate as to what is recyclable.
Finkle suggested that in A. and B.2 - "...shall provide a site of equal or greater size
adjacent to 'or with access comparable' to the solid waste receptacle...".
Most of the Commissioners agreed that "opportunity to recycle" should be shortened
to 'recycle" but settled for adding hyphens (opportunity-to-recycle).
Cloer moved to recommend that Planning Action 95-053 be presented to the City
Council with the Planning Commissions suggested changes. Howe seconded the
motion and it carried unanimously.
APPROVAL OF THE FINDINGS
Planning Action 95-074 - Finkle moved to approve and Carr seconded the motion.
Howe noted in Section 3, Item 2, "...area approved is as indicated on Staff Exhibit "A"."
Staff Exhibit "A" is just the housing area and the Commission had included the
roadway and the open space as part of the plan approval. On number 9 on the last
sheet, it is clear that the open space is to be connected to the development. She
would like Item 2 to say: "Area approved is as indicated on Staff Exhibit "A" as
modified by Condition 9." Finkle amended his motion to include the correction. Carr
seconded and the amended motion carried with Giordano abstaining.
Planning Action 95-057 - Finkle moved to approve and Howe seconded. The motion
carried unanimously.
ASHLAND PUWNING COMMISSION g
REGULM MEETING
AUGUST a.1995
MINUTES
ASHLAND PLANNING DEPARTMENT
STAFF REPORT
July 11, 1995
PLANNING ACTION: 95-053
APPLICANT: City of Ashland
LOCATION: Citywide
REQUEST: Amendment to the Site Design and Use Standards chapter 18.72 of the
Land Use Ordinance requiring the provision of recycling facilities for all commercial and
multi-family projects.
I. Relevant Facts
1) Description of Proposal:
This request involves an amendment to the Site Design and Use Standards
chapter 18.72 of the Land Use Ordinance incorporating language requiring
the provision of recycling facilities for all commercial and multi-family
projects.
The proposed ordinance language is described in Staff exhibit S-1.
II. Project Impact
Over the past few years, the provision of recycling facilities has been a standard
condition of approval for commercial and multi-family project. The proposed
amendment would formalize this process by adding clear language in the Land
Use Ordinance requiring that such facilities be provided, and that the location
and approximate size of the facility be shown on the submitted plans. It is Staff's
opinion, that the proposed amendment is consistent with Goals and Policies of
Ashland's Comprehensive Plan.
Specifically, Chapter IX - PUBLIC SERVICES - of the Comprehensive Plan lists
the following goal:
PROVIDE SYSTEMATIC CONTROL OF THE SOLID WASTE PROCESS
FROM COLLECTION TO STORAGE, EMPHASIZING EFFICIENCY,
RESOURCE RECOVERY AND ENVIRONMENTAL PROTECTION.
Further, Policy IX-27 which is intended to guide the execution of this goal states:
Encourage opportunities for recycling and resource recovery in all solid
S
waste collection programs.
The Comprehensive Plan notes that this shall be implemented through Council
Policy and Chapter 18.72 of the Land Use Ordinance - Site Design and Use
Standards.
III. Procedural - Required Burden of Proof
Type III amendments are applicable whenever there exists.
a public need;
the need to correct mistakes;
the need to adjust to new conditions;
I
or where compelling circumstances relating to the general public
welfare requires such an amendment.
IV. Conclusions and Recommendations
Staff believes the proposed amendment addresses a public need recognized in the
Comprehensive Plan and recommends approval of the application.
PA95-053 Ashland Planning Department — Staff Report
City of Ashland July 11, 1995
Page 2
ORDINANCE NO.
AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL
CODE, CHAPTER 18.72 OF THE LAND USE =
ORDINANCE, REQUIRING THE PROVISION OF
RECYCLING FACILITIES FOR ALL COMMERCIAL AND
MULTI-FAMILY PROJECTS.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1, Section 18.72.060.K.4. of the Ashland Municipal Code,
Land Use Ordinance is amended to read:
4. opportunity-to-recycle site and solid waste receptacle,
including proposed screening.
SECTION 2. Section 18.72. 115 of the Ashland Municipal Code, Land
Use ordinance is added to read:
18 72 115 - RECYCLING REQUIREMENTS All commercial. and multi-
family developments, requiring a site review as indicated in
18.72.040, shall provide an opportunity-to-recycle site for use
of the project occupants.
A. Commercial. Commercial developments having a solid waste
receptacle shall provide a site of equal or greater size
adjacent to or with access comparable to the solid waste
receptacle to accommodate materials collected by the local
solid waste franchisee under its on-route collection program
for purposes of recycling. Both the opportunity-to-recycle
site and the common solid waste receptacle shall be screened
by fencing or landscaping such as to limit the view from
adjacent properties or public rights-of-way.
B Multi-Family Residential. All newly constructed multi-
family units, either as part of an existing development or
as a new development, shall provide an opportunity-to-
recycle site in accord with the following standards:
1. Multi-family developments NOT sharing a common
solid waste receptacle shall provide an individual
curbside recycling container for each dwelling unit in
the development.
2. Multi-family developments sharing a common solid
waste receptacle shall provide a site of equal or
greater size adjacent to or with access comparable to
the common solid waste receptacle to accommodate
materials collected by the local solid waste franchisee
under its residential on-route collection program for
purposes of recycling. Both the opportunity-to-recycle
site and the common solid waste receptacle shall be
screened by fencing or landscaping such as to limit the
view from adjacent properties or public rights-of-way.
The foregoing ordinance was first READ on the day of
1995, and duly PASSED and ADOPTED this
day of , 199.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of , 1995.
Catherine M. Golden, Mayor
Approved as to form:
Paul Nolte, City Attorney
Contents of Record for Ashland Planning Action 94-095
AN ORDINANCE AMENDING THE PROCEDURES
CHAPTER OF THE LAND USE ORDINANCE;
RECONCILING OTHER SECTIONS OF THE LAND USE
ORDINANCE AND THE ASHLAND MUNICIPAL CODE
RELATING TO THESE AMENDMENTS; AMENDING THE
VARIANCE CRITERIA AND OTHER SECTIONS IN THE
LAND USE ORDINANCE; AND REPEALING RESOLUTIONS
78-33 AND 88-20.
APPLICANT: CITY OF ASHLAND
- Staff Memo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
- Procedure Flow Cart . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
-- Proposed Ordinance Amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
-- Minutes from City Council Meeting 8/16/95 . . . . . . . . . . . . . . . . . . . . . . . 33
-- Minutes from City Council Meeting 8/2/95 . . . . . . . . . . . . . . . . . . . . . . . . 34
Minutes from City Council Meeting 5/2/95 . . . . . . . . . . . . . . . . . . . . . . . . 35
r
Of AS11,
Memorandum
A
0of 0th
October 19, 1995
��• Ashland Planning Commission
(19 rom: Planning Staff
o6ubjet#: Procedures Chapter - Next Generation
Attached are the recent versions of the revised Procedures Chapter.
One version is the "clean" copy, while the other is the annotated
version indicating all changes proposed.
The revision of the Procedures Chapter has been reviewed and
approved by the Planning Commission in a public hearing last year,
and has had one public hearing in front of the City Council, where it
was continue for additional information.
While much of the chapter has been modified, the majority of those
changes were general housekeeping and wordsmithing changes, as
discussed previously. The major change was in the appeals process,
which was originally presented as the Planning Commission being the
final decision of the City on most planning matters (Type I, Type II,
and Type III's involving individual parcels). Larger zone changes,
ordinance amendments, and annexations (generally issues of city-
wide concern) would still be decided by the City Council after a
recommendation was forwarded from the Commission.
However, at the public hearing before the Council, it was their opinion
that they should continue to be the local appeal body for most
planning decisions. Therefore, we have amended the procedures
chapter to reflect these concerns, and have provided opportunities for
appeal of all planning actions from Type I on up to be appealed to the
City Council. The Commission would be the final decision maker on
issues processed as Staff Permits. However, a difference is proposed
from the current ordinance — all appeals would be limited to the
record presented to the Planning Commission, and the appeal would
be limited to the issue that was the basis of the appeal. Today,
appeals before the Council are conducted as "de novo evidentiary
appeals", meaning that new evidence and information can be
presented to the Council that was not made available to the Planning
Commission. We believe this to be an inherently fair process for
appeals, and recommend its adoption.
Staff Permit Procedure Type I Procedure
(Minor Variances,Solar Waivers, (larger Site Reviews-commercial &
Small Site Reviews, Application multi-famiy, partitions,CUPS-
Extenslons) existing buildings, B&B's, most
variances)
Application Application
Adminstrative 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
Hearing Received... earing Received...
If NO Request for! If Request for
Hearing Received earing Received...
PLETE` y Review b Public Hearing
CiION COM
Planning before
Public Hearing Commission Planning
before : Commission
Planning
Commission
Approve Request Approval/Denial
$ta( Public by Planning
Approval/Denial Hearing : Commission
by Planning ACfiON ,
Commission Ilk 0 OR
FINAL DECISION
OF CffY .' If APPS
Is filed...
Further Appeals to If NO Appeal is
LUBA 61ed Public Hearing before
ACTION COMPLETE' City Council
ON 7HE RECORD
al/E
*l
................................ .....
... ........ . ........... ........ ..
Approv
Further Appeals to by Clay Ctxrndl
LUBA FINAL DECISION
1JF CfiY ''
z
Type II Procedure Tyne III Procedure
(Actions not subject to Type I (Zone Changes and Comprehensive
procedure, subdivision, CUP's Ran Map changes involving only one
Involving totally new construction, parcel/owner—quasi-judicial actions)
Large Scale Development)
Application Application
Notice to Parties Notice to Parties
Public Hearing Before Hearing Before
Planning Commission
(:f!lan:n:lng Commission
Approval/Denial Approval/Denial
by Planning Commission by Planning Commission
If.NO Appeal 13 If Appeal IfNO Appeal is If Appeal
61ed, Is flied... is filed...
Bled,;;
ACTION;COMPLETE AC `ON COMPLETE
Public Hearing before Public Hearing before
City Council Qty Coundl
ON 7HE RECORD ON THE RECORD
Approval/Dena Approval/Dent
Further Appeals to by City Coundf Further Appeals to by City Cvandl
LUBA FINAL DECISION. LUBA FINAL DECISION
OF 'CIfY OF CITY
3
Legislative
Amendments
(Ordinance changes,zone charges&
comp plan map changes Involving
numerous owners—Similar proecess for
Annexations and UC8 Amendments)
Application
Notice to Paper
Public Hearing Before
Planning Commission
Approval/Denial
Recommendation by
Planning Commission
Public Hearing
before Gty Council
Approval/Denial by City
Council
Adoption by Ordinance
F.tNAL QeCISfON OF Cf1Y .!`
I
Further Appeals to
LUBA
ORDINANCE NO.
AN ORDINANCE AMENDING THE PROCEDURES CHAPTER OF THE
LAND USE ORDINANCE; RECONCILING OTHER SECTIONS OF THE
LAND USE ORDINANCE AND THE ASHLAND MUNICIPAL CODE TO
THESE AMENDMENTS; AMENDING THE VARIANCE CRITERIA AND
OTHER SECTIONS IN THE LAND USE ORDINANCE; AND
REPEALING RESOLUTIONS 78-38 AND 88-20
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 18.108 of the Ashland Municipal Code is amended in its entirety
to read:
Chapter 18.108
PROCEDURES
Sections:
18.108.010 Purpose
�E�s`��1:Ot5 1'4��> G��Ca�ference
18.108.020 Types of Procedures
18.108.030 Staff Permits"f>t�Q't�ECi RQR
18.108.040 Type 1 Procedure
18.108.050 Type II Procedure
18.108.060 Type III Procedure
48.408.066 Annexations
18.108.070 Appeals-Effective Date of Decision
18.108.080 Public Notice
18.108.090 AdmiRistr—ative We
18.108.100 Public Hearings
18.108.110
18.108.420 Effeeteve and Fonal Date of Land Use Deels*en
18.108.420 ApplieatiGRS and DeadliRes
18.108.140 Fees
18.108.150 Council or Commission May Initiate Actions
18.108.160 Ordinance Interpretations
18.108.010 Purpose. The purpose of this chapter is to establish procedures to initiate
and make final decisions regarding planning actions.
PAGE 1-TITLE 18.108 REVISION (p:da,ninefcoae\rev-10ea.wo)toMobw 19, 19951
S
...... ...........................
i6
... .......
9Nz .F Pi 10,
i
110
18.108.017 Applications[MOVED FROM 48.108.130]. A.
opies of a complete application shall be submitted to the
Planning Departmentby the applieatieR deadlines be!
1. Complete applications shall includak
All of the required information for the specific action requested,
Written findings of fact,
Complete and signed application forn-1,1-
signed by one or more property owners, eF theiF autheFized agents, of the Property for
which the planning action is requestecf;pQr,,""th, 3* MM"d M-6-fil and-1018
zllp R-M. apply af[vr
ffial appropriate
application fee.
2. Incomplete applications are subject to delay in accordance with ORS
227.178. The City will inform the applicant of deficiencies within 30 days of application.
The applicant then has 31 days in which to provide a complete application. When the
application is deemed complete, or at the end of the 31 day period, the City will begin
the appropriate application procedure.
B. All applicants for Types 1, 11 and III planning actions shall have completed a pre-
application conference for the project within a 6-month time period preceding the filing
of the application. This requirement may be waived by the Staff Advisor if in the Staff
Advisor's opinion the information to be gathered in a pre-application conference
already exists in the final application.
18.108.020 Types of Procedures. All planning eetigns shall be subjeet to ffeeessing
by ene ef the feUF feI19WiAg ffeeedWes:
Stalf PBRRit PFAAAd"'FA
Type PFBeedUFe
Type PFeeedUFe
Type PFeeeduFe.--A. Ministerial Actions.
g*....... M.
..
r20
X.3...........
.............
........ ........
I
n .0,.
PAGE 2-TITLE 18.108 REVISIONip:pl..igkcodeVev-108g.ma)(Octobw 19, 19951
W 'W'w M OMNI FOR W
mom11-io.M. 1-00
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WIN
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ficar�f that
18,108,030 Staff Permit Procedure. A. The following
actions shall Permit Procedure:
W.. WKM
ii� . W ; W,
no7 mum-M—am M.1 I
1. SGURA W,
.y
2. Site Review feF 2 eF 8 FesodePA;al units en a single 4et.—Physical and
Environmental Constraints Review Permits as allowed in Chapter 18.62.
3. Variances described in Section 18.70.060.
4. Site Reviews feF GeFAFneFeial, Empleyment, eF ManufaetUdAg Uses-�ffi
'PIAM44rc expansions of an existing use that do not require new
building area in excess of 2,500 square feet, or modification of more than 10% of the
area of the site.
5. Extension of time limits for approved planning actions
7M NNW
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PAGE 3-TITLE 18.108 REVISION (p:pi.,ig\.ode\rov-108a.mo)[Octobw 19, 19951
Ab .s# rt+csrrt rnehan�oal squtpm €r rnnsf
dh ins lat�cln ttf disc antennas subjact #a tha r gtur rnertts .. sga
� s��»d� tJS�i Permd �t8'104}
#�,MG1� iagi3o a struc# r °flstad SITS Nai�;at RI µ11t
M.
A,Di��
,{� �F
:. .: ..:`....:. :.:.... ...
i�esl���'a'��k7�8�#�3�I8 fiall=f�er�ntt PrOpedur$�
! > �#k�r,�la�urf�aGtpns�»at crth�rwis�gsied orts��s�l�i�s�a�Yt ,�,� t�;�l
B Staff o R o a T1ffigi: 1 NGtIGR& If In l{�171 fT#S
�3�C�1BGt,tax��,Staf(P£tF.tTH; 1��3G8G1i�8 shatt�e,prt>�sss��$#t3lknrsf5:
1. Within 49 veer 1+� days after receipt of a complete application; an
fMA
tie�mrta#�tart�expended 'the ooftsent of the appGcan#,R'fre Sta�f`I?rlvlsor_;?hall
�n�+�r f€t�ds and c�rn�luslar�s to�usttfy ttie declsusn,
2. Rablis aet+se Notice of tt�s decision.shall be mailed within seven weFI(iag
days of the
C �ifx'4 �t1a�IC�`Sh€�1[L�1'14A�1'f the following InfarrCtatl{�'t1
N�1 �� C€ait�rt/YfjyfQlo�e to Adv�sb�rj rrtl tphp�d� t$ f
64 slpaIAMII
� `fhat a•r$ques#�e a public hearing muss°tae rr�ade by fhe date
Itid`sc��l ifs#h��tr+tle.�1n a�'der a pub11G flearing #a late�hadpteds �
d Thit a reques# oe `public Ieanng shad�rtt�cir se lamed
`add"r°ess�a€#ate psrsarf r�quest+ng tl#e publ(a f3earmg, the fry��t�u' ar�f t11e plarlrrGi�rr
n erid�te epys,GftrC grot�ds forahihlGh the ele�Sxtn Slt�° e,�ratr�4�,�tu mpc#
bes�,d orlk the appl�c�le r.�te�ra sir prr�c�tdutal trregular�t;f
3.
beae�e €►Flal ;8ht�j121nailEfC�}ljtlTE[3Lr�' 16#O�pl�nrig,pBCSpC5
0.
C^ r'Ilt#.7t5nZeLf
b! The'5ul slit praperty awnerF
'rxwsrters of xeet of properly ors the rn4tis " eent prierty tai
sarllnT"rt�il�a+u�i11J „ihn daf„ads tC�a# �'srtltiattf#t
4.
erns 4b whom>the�tot�ce rs r € leci sball lIaueN
.tf�yss"�:#rotsttFll�� �f•3�ttia�h°sad an"�c�#tt��quest��fib�ct�e�r;�ngs° �quefs��ar<
�„ e,;,�ea��g v�l��e��s fol�Nrin�l�qub'emsnts�
PAGE 4-TITLE 18.108 REVISION 1v:vim.i.okcoeeNrov-,oso.molioctobw 19, 19951
KRaTf{e i�� Y a� a11 ; n wriFir� L p p yip
`("ig l53f � l�.a+` ry kYQ n{�FFifly m'
8Mt3S�.s;' #�3 i.ti'�bat`it,1f'tE7e pi�klgt��tOC!�CtB 9j��i#iC�rY)tft3L1S Pq�,z1;YI7{CE7�1„�
Y
5.A If a request for a public hearing is ceived within 10 days ef the-
mailing
a public hearing shall be scheduled for the next regular Planning
Commission or Hearings Board meeting allowing aR adequate
Ige the same as feF a Staff
.: £ t � f1"000.e l�{t'B.mBQ'�t t�Y`513Ct1
188,z11i:�ff�{, ��pubic�tli„#�.���3����ccot'c��tY1��8 req�rementsh�gf�9ctte��i
1 ,1 F. .. e:...>.:« ,..,..s._ a.,,•>..,.na,aa,.a .,,vaa.;,. > ...,,.,..,, .R y.ao:.4R
X3181
18.108.040 Type I Procedure. A dg The following planning actions
shall feAew-§ .,SUbje tFt ;the Type I Procedure:
1. Final Plan Approval for Performance Standards Subdivisions.
2. Site Reviews
her than those subject to
a Staff Permit Procedures Type. t PfGure.
3. Monw Land Partitions and Flag Os-, k° RTwhich require no variances or only
variances subject to Type I procedures.
4. MiReFAmendments to conditions of approval
Gemmissien.
5. Creation of a private way, as allowed in section 18.80.030.B.
6. Conditional Use Permits involving existing structures or additions to existing
structures, and not involving the eeRS#Weti9A ef a new eemffiereial building eF more
than 3 residential dwelling units, or temporary uses.
7. Variances for:
a. Sign placement.
b. Non-conforming signs, when bringing them into conformance as
described in section 18.96.130.D.
c. Up to 50% reduction of standard yard requirements.
d. Parking in setback areas.
e. Up to 10% reduction in the number of required parking spaces.
f. Up to 10% reduction in the required minimum lot area.
g. Up to 10% increase in the maximum lot coverage percentage.
h. Up to 20% vaFiaRee C F Min lot width or lot depth requirements.
i. Up to 50% parking requirements in Ashland's
Historic District as
1. £a.:J:
n section 18.92.055.
1p
. +
:. :
ur�anc o bight l+ h1ptFr len iI ?!,tIns
a. c sa¢s. tR. 11R IQ
�t q�erwFSe;�sted �i'thi& �AlitiVr� .u<:<,..w
k. FSiieCnnct t3se 11dI aSrtdt@I€xt`�0"J�` .ff VR
�s #"Ihx s,# s� use slard '� eltclts3Is
�r 4°'"! .
°sal tegcYl<artrn tss►ci l to° ,�lmerlsefind.C5 fe< n�
�egul�t3pns� th� Coate=
PAGE 5-TITLE 18.108 REVISION (O PWmninplcodelrw-l O9p.ma)[Octobe 19, 19951
cj
1'IK,.Arty.rdenUat I,�e w�,lct1 reSUltS '��.CF ��.� iyn �JR.i'
. etflrr structural Sir ds1�tIOns c�reater�rj , Se tB l�t� r9x
�#f deveto�rm+artts�r�et�aded lr1 S�Ct1dt3. '[$ `EQ$030.A f
prang for dastnatatl asP?aura
.cbfw.a b.s: b n.u,.w.
B Type + WeeedUF Tr WNW
T fe and Hearn sq � t? ► 1rr. t c> s
sEt13 €tlas" h9¢Type i Prescedure <<t?att taprgpgSSet� as follows°
1. Complete applications A at least 30 days PFieF te the
hF,bMeuiewed.4:6-M-4
adffliniStFative heaFiAg Will be held-.—
Use 04nanee.
rufia�r sc�l3duCed Gontrnlsstor� rrteeting ±�tut,�s hbtd�t te�si 3t3 d��s,after the
subt�sst pf the cx�mplste apptiaat►gr .
2. Within 49-wera��1 �days after receipt of a complete application, are
he Staff Jisor stall apprcue, apfirc)ve with�iti�stts or
dertrfte applor itess such tine�rrptatiort is extended vrl the 3eonserrt of the
aplict #te;ataft i�dvisor shat!ar1ternduigs andpC�Clustcazs is tusttfar ttewas ,n�
3. Rubles Notice 1,1f ..d shall be
18.198.08(), abed rfsevendays the c�cision �persons ctese�ed �r se��f3.�ix8 b�Q�,��;
G shat!sxx►tetn thetfot[rktfsort raqutred in secon1 i31} plus a
s m t t u> i s a ltc Ya 3rtg :s raqu steel, thYa ct s;w t o xev ewe0 6 t
r#amisitrspns ttr wtm ttLe" loxicRfs triait8d shall
w.....,.......... .... ..:;...,;..hh. :...:.:...,
have 10 days from the date of mailing in which to
aquest a put�tra tearing before ;Commission. Requests for
a public hearing shall speeffisally Me name an- ad-F-ess e-11 the peFGGR
.
Raeeti t3tfrt to r utr menu c sacttar# 'I CHI---
4. If a request for a public hearin g is fimety eceive
mailing of Reties, a public hearing shall be scheduled for the next available RO
Commission or Hearings Board meeting,
allowt
PAGE 6-TITLE 18.108 REVISION IO W.ningleodelrev-108g.moll0etobm 19. 19951
i�:
g�d�a�g�fo,conpfyewttii�ttte>'tL3�(ikt t�' G�r�tQvn+4 ���� �i7.��'� T
�lab�c�n'�i ba �acxiarc��nr`,�the t'ec�n� let�ts.of s�yyctiar� 1E3.108�t0��
5. If no request for a public hearing (s tt€1iyareceived, the astiea1tsiG shall
be reviewed by the Commission or Hearings Board at ts€regularly scheduled
meetingz ayS HfteK f 155 a ry. The Commission 6.940p r &inay:
a. Amend the decision ; in such case, theaaction
shall be re-noticed as a Type I decision, with a 7-day appeal eriod YStl t `Yff t �'
�. m
a } itg,except that the Commission shall not review the decision
again should there be no r'�
9 appeal�l?Ci ;ifiled.
b. � pu1: `tteannstit
8 esirsl, through a majority vote of those in attendance, to be heard at the
following month's regularly scheduled Commission c cJ `meeting.
::... . ..::..... . .. .
c. if the Planning Gemmissien dees net take any aetien an the Type
planniHgaet+errs- a >~ r ` c rt at the meeting when the decision is scheduled to
appear-on the agenda, . In such case the
decision is final the next day.
6 PQ} to the Staf#Advisor majcjng a tics applicants s7rh$ ta)ArJt
may request tlaate+plartEititU actions gubJFiCt#0
all Re
3...�>..
aype'i prcygedrare be heard 2hepmmjss[ritt or Board
0 suoh t:aSHr the Staff AdviSo� Sd` I )Ot 17fd1S
—RdBF the Type
Type 1 applieatien fee.
`sfaan sdher�ule a heanitc�tbefgre � Gori�misstex't,pC,Ba�rd,tp be ta +rd"��
jnrrAU�ded �`section 113.'108 0408.4� < ..a....
18.108.050 Type II Procedure. A fipns udetl The following pttlttl .actions
shall fellew- " Slt t the Type II Procedure:
1. All Conditional Use Permits not subject to a Type I procedure.
2. All variances not subject to the Type I procedure.
3. Outline Plan for subdivisions under the Performance Standard Options (AMC
Chapter 18.88).
4. Preliminary Plat for subdivisions under the standard subdivision code (AMC
Chapter 18.80).
6. MajGF Land Partitiens.
65'. Final Plan approval for all subdivision requests under the Performance
Standard Options not requiring Outline Plan approval.
74' Any ublic hearing
of a Staff decision resulting from the Staff Permit Procedure.
Any appeal at a Staff deeisien OF inteFffetatien.
97. Y therIrf :WON
t�eggnatet�"� je ��o the�`��I Prex;edurer
B. Type Preeedare` rrie U1 N�atCe ar�c3 t 1paru�g"Regt�irerrterltppilattons
to�e�` fl �'tfceduca shalt>he or�essed as f�lows�
1 Complete applications „ kra heard at the first regularly
stedufed�drnr�,ssu�n m�eeti,�g v!rkfi�l t~R held at least 30 days pr+er-te�te-aexE>
PAGE 7-TITLE 18.108 REVISION (p:p(enninp\code\rev-108p.enol(October 19, 19951
11
after the submission of the
complete application.
heai=in.,
2. F4I�s Notice ttfe ga
° V uuNHC>u - :etit>t4u18.108.080.
3. Public hearing shall be held before the Commission in accord with the.
requirements of section 18.108.100.
heaFiRg shall be stated. A#8F SUGh statement, ne additienal publie R9tise shall be
18.108.060 Type III Procedure. A. The following Ot fj`:, actions shall fellew-§`
$Q,§5§,t he Type III Procedure:
1. Zone Changes or Amendments to the Zoning Mapsar , s~i<ai.,# p
rthre,ameC�dmer' ," c@Ptfih6Yaf 'f �et€dedtct�pn ryas
.
3 . Comprehensive Plan Map Changes, tt :g5. rt # tal, ast
$ititrs"�r#giilahlts am�entlm .//// .
Annexations.
6 . Urban Growth Boundary Amendments.
B. 1z l ype III Planning Actions .
1. Astiens 1,2,a, and 4 in 18.408.96 kS ; xtu u t1 ...
010 r. .:� p�E�1p�± J51Y��plsl's� e one of the following conditions exist:
a. A public need, supported by the Comprehensive Plan.
b. The need to correct mistakes.
c. The need to adjust to new conditions.
d. Where circumstances relating to the general public welfare require
such an action.
2. Annexations shall be subject to the criteria of 48.108:.615 .
3. Urban growth boundary amendments shall be filed asseFdiagtto the
riteriinef=in the Urban Growth Boundary Agreement
between the City of Ashland and Jackson County and subjeet te all of !he eFReFia
theFein.
C. Type III Procedure.
» tf it Aefie�r-�t+�iCditre
1. frttt+at+efl-eta- ppGc���rtlstb� t>t< : .;..,:;�Type III �.�.�,».».>:<.>..>>;:::
Fnade bYl t[.. uA� es sssd 6.1.0416:
a. Resel6itien by the Planning Gemmissien.
PAGE 8-TITLE 18.108 REVISION (P:pl.nino\codelre 1089.mo)(Octobw 19, 19951
agents.
Complete applications f`"."
uxre-w,r:.s
.'
t least 45 days�
;. NN
3#3. PuMe-Notice AN�° i Pshall be sent eut, fellevving the
pF eead es e(
108..080.
E W q NO, 11MM
CtlStft . , i 3 F 18.
» ��l'WRT jang.
� S
`.
, :. . �
"`Ci� '�the Commission shall make a report of its
findings and recommendations on the proposed action. Such report shall be
forwarded to the City Council within 45 days of the public hearing.
. Upon receipt of the report, or within 60 days of the Commission
hearing, the Council shall hold a public hearing
„ CI G;, E 18.108.100. Public notice of such hearing shall be sent in aeeerd
y 3 4 7 a18.108.080.
x'a 4.G0C,h�.vaD.xn1as...n....
, The
Council may approve, approve with conditions, or deny the application. The-6sunei}
be FeqU;Fed.
Type 111 aetiens shall be by adeptien ef findings ef denial.
48.108.065 Ann@-M-@jjwgl3g-. [MGVF=D TO G! 1APTER 18.196j
18.108.070 t d iu ON " l 4 RPeals. A. M !` to ": .
v ,...::<.x:...ay.,,e[`:..:?n:n»::JJJ).w,>'.J>,y,.n»r ..:.n..:.v q........a a..>......
Citl°tht�t ��f�C�SJ(N'I`Dfz�r'�xlAEfaA� �"�t'E�"tif7E SGtb off`' `
mz
�"
Ag. Actions subject to appeal:
1. Staff 'Decision and inteFpFetati The deeffisien ef the Planning
PAGE 9-TITLE 18.108 REVISION (P:Pl..ingl.W.kev-10ec.ma)10aobw is, 19951
13
.,-
°>:Xn..e".V<=.S.a
,n�tb ff�.fk £>gq a� E to �b�°"i, E�,'°"s d.�• y>x r nb S��E��a sSa b x b.;ry�.rae<�,2m
> o
2. Type I Planning Actions.
the final dee4s*eR ef 4s of all planning astiens subjeet te the Type
Planning PFeee
t F
tl�tf'le$Cor�r�SS�om�o��afd�s�f3??��iflbTiE.`;t&ieal�ra��ailt�1 �>:ti b
o�E.,t ��aai�ibtb tfteb�as$�rcrvded i�13S�L't�f3E7 F1S'it�.x�'�t3Fi4°�1`�#��,,
f,.�F �FY'(� h��bd�W�yJ✓M�q �Y��Yk��$e �t�e84.Vliiik;RM�W0�b�4��,��P�{<
�ikw ♦ � k E a �} t a v> c 3 �6» .4.°n a:r.:a»..a:::::s>:,._.:: SS> w>is>n:>r
��si bar��r�,�>� d lTflled td �art#�3�
3. Type II Planning Actions. The decision of the
to the Type 11 PlaAA4A9 PF9eedUF
the final decision of the City en appeals ef all subjeet
' r' e
b�i �k�.
�i�$..:,A.>.i5'=..ry�R<$..:k>:��5•.. �: �z. 6�'�'
? 42YyfYE1 ��yott7i/tAilra^$n" tE>�Q>yJt61�J�7i'
$.3',
no
t >F' to
jt•�E,. `E$av- ,'S> 2 q^`Eaq.sY d ek >Sc x. " y '#'S b i <ry a 3?�' g 4 a 3/E�' w
;4>'\�°�'..:•:cb�..:.4.<a3y.. 4>$S.C,'S'$:.'3>..1. ..o.».x�>�.. � V:.tt�#,<.'k<�k� <+ysa n`;b.in"L'?.�,`,`.......4�.LF f9...'k>S':.t
^S.R:
aj?2stGki:gg4:;u�s3�agk: s ,yy'g'N�:�'.a'.'�«::°;.:,k:,,>..>,..,.✓ k,«m:«<...:.
r iiY"..S:yvr:AF,.3..in iu..,?>}<>..y.:.:<`:'n.<[..�.:y..:...°.0 [. t.'(�E<•
.
10-01W 0
<� �t�,��`aW^7r§� � � � slg��•�,�q'3�3fj`' ���>?,�#��?�F� �r �.�ty�
bY.>�a�xY>E 3 a<� 4>'?yam S° �a�4;y.£, i R"Eb' � E>( SE »$ $s,'ffi &k. -Zk a•¢ xro.»° A
'a. . �?h7f'O�<Y'.v..�"'<^•'�-ao`A.:u�°.�tbZoa4.°,'e'E'.S..d a <.�xaeu. �'�4�"'�F �.<,r2`�;g.,'..Sie£,'><�o@^d.�.Y�, �.. `k''�> £F�`x"o:.. `?.,°4<E°oai• .
�•ao?»: :.V<a�'.aKF�SyE;�cy�s�c:>.ti.�:::»'<'n4k>m;::7LS°•jCg`::fia"' `'::i2>+,.AY@'`rE'r'xo��s?.k.4 Q. .4..,93;3:::;:°. o .o. t >,;�i cau:�".`^o:fi?i'°.a:m:.,iumn.: �
�>,y., .'$
opaN @;krE' o s C F G°tE>i >E yE; a4SY Ctwb. «taMb. o ».,b ,o�p>C >jM 56� YDy 'fi F a�t�d`o@
< <tto r •,
# ! <;
4 . The City Council may call up any planning action for a public hearing and
decision upon motion and majority vote, provided such vote takes place in the
required time period, as outlined below.
13. Appeal PFeeedUFes:
PAGE 10-TITLE 18.108 REVISION (p:p �.odevev-1o9o.wo)10ctobw 19, 19951
1�
Planning Astiens befeFe the Planning Gemmissien. The standaFel Appeal Fee shall be
a. The appeal shall be filed within 16 days aft8F SUSh Sta# deGishen GF
0 MeFffetatien is made. The appeal applioatien shall be made in r ineluding
appellant's appellant's name, addFess and the basis feF making the appeal.
2. Appeals ef Type 11 Planning Gemmissien deeisiens shall be heaFd and
a. The appeal shall be filed within 163 days afteF the final date ef
apffeyal/denial ef the 'and use deeffisien, as defined in 18.108.120-.-
b. The appeal she" be *A WF*tlng and filed with the Gity AdmdAiStFateF'S
Wee. Sueh appeal shall inelude the allewiRg adequate time te meet the Publie NetqGe F8qUiFeFAeRts ef 48.108.089.
r
M
defiAed as the fellewingi
1. The applieapA—.
ef appeal.
D. FFiYelews Appeals. The Gity Game" may dismiss an appeal 9 K finds that the
appeal is net based upen the .
:r...f�,fy.°o�:::.b:":):.'........:.>wox:x,.,n>y o'c".._an:.,..: y::.:+nw:.Y".R:::•.y.,...blFiteUFalt y'
u >.
18.108.080 Public Notice. Public notice tpftearingSefpr #h He�rlr�g 3grrty?
g �gTt:fUC_ +aQ alb planning actions shall be given as follows:
PAGE 11-TITLE 18.108 REVISION 1P:d>,I.i a
coae�,e„-1oeo.mo)iocton« 19, 19961
appii�t>r autiit � roi,
Y PreriY' rF
i SW
O��rrf�f�,f3prcp�tYi��' �rnt"" " fc�sse''�'�ii
��� cif" ksIecbYnlesss � � �3
� b8 <S+ C895 b R y5g
�Afk % fi lrtittt�Cet�EiC� 3s� 8.thy,
ki < £.EE �/c z y s
N
II n 'n the followin information e
All AI�Mailed pnotices sha co tai 9 ::.: :R;:;;:,: a� ,. •,;;.<<<.:
£�Z,� �l�"R����3va }J{ �5.°`��Y.JFY,w�R`�I��r� �•Sa�<�Z�>� �t�VR!! � �9..+'ie'�itic
1. Explanation of the nature of the application and the proposed use or uses
which could be authorized.
2. List of the applicable criteria from the ordinance and the plan that apply to
the application at issue.
3. The street address or other easily understood geographical reference to the
subject property.
4. The name of a local government representative.to contact and the telephone
number where additional information may be obtained.
5. A statement that a.copy of the application, all documents and evidence
relied upon by the applicant and applicable criteria are available for inspection at no
cost and will be provided at reasonable cost. _
art ?�Qt1 � Kh�arIt 1xi�r :
Y a h. a a .h .,..R a: W
lr#uiur tc �praV�dRyss�fe4 < peGt�f tRffordRitlr��jrt� ateet �
a�q €�+��esporui�a the�lss�>R�ireRciudes��in s,� t�'Ia�t�eF��ls,�,�e�"�a�t :
bL^,Sti'ItvFSfJrttbt3aL {MTM :,:rtQG7YyN> �,ii /<r
o,a
cnv. •v sic? :...:. ...... ::::n._:.:9..;`..:::e(::e",:<'
,�,...��yyi�,c<. {....��tyy`.,1..<. ::.:.:�..:.,:�{ { �..,�..y*y:Y::.orda{atu/.2.µ%c<.;:.>..:rrf:R:c:§D::.s;:a::<,.o•,,..i.... ::a;sya�..,,u.:e:`._:�o,.e {{��
.,y>�8��>�ta1TiFFtiii�� A��t¢iitfG `.aS LI YV�i>�a ����, 41Fit���E}8�
aft�re�ts lsng
C syp. P-6.,aouw�
�-
PAGE 12-TITLE 18.108 REVISION in:d., .wlcodeVev-1oso.wouoMobw is, 19951
Ib
4004 p'-p-my
D TA'p-1.12.&fia-Natila�^
th-
10 days p.i-F 4-the planning mosaim WWA de 4p-11 p-We hem im wilww
r Xvp� AhALi4 o Willa
held...
PAGE 13-TITLE 18.108 REVISION )p:plan pipaloodelrev-108a.mo)10ctobm 19. 1995)
i�
��� � a1�7�zLitiS9"r XL�pt�pr�t$f�e�¢TR11t�i'�f.'�4�i,�rB}?�'dr31�1�FaCkt' It�'�r"�l'jlf3ttL�Bie�k`
day rYlb�c��ingfkl��sf�b �n�fzs���l�?1�a}.p�aps�fa�t tin fie s/ubjy f��fij��Y}�j}gY���,e�ppt(
SW11/ a`C'39.rt£Ii t� �i�� H3if1Y {16 �i P �V � L ��Wy q�Po�S^ 5 y
,�``���'�>��te,t�,ttte ismr�missttxt rrteat;t1g r�a�ure lay tha a�itcartt�ft5 �,�etfa rust ;
ar+dear fry"a�tt?b�r;tCgktf t�f way shag be at�nsfde�red ar��I ��pi
a>Spi�o��>'f'he ap�ltt staai�,�eri4fy, tar tha re�rd t;!f the hear�ragr t#�a�the boa
was°ac ��fied>''1'he,fail€�r� pf t#'�p��te�l rtc�tioe tip�ma€rtypn the property�fs�l
rut irftraitdate the prtacee�fuags �`The ptaste¢nnttce shall ctnty sxtntain the fc�lk�w�ng
�r';€ atiar�no3plar,n acacxt�r�prr �!'�ef clescrtpttor�,s;!t,th�prc3posai p ����� �
talrese for�8c�At Rshland Piung�epie�
ter Kcfd(t t Tlequirements iMITypQ [l ar�cl ill Pubis 1��7�Cei�"��additlar�tv fha nc�t
sped scxt >31 t 1 and Gr r>atica f All P.
iae�ublid 1n a rreV�paper�t genFerai uf�outat�on�r#,�, L��jrsat le8&tV�q,LfayS,prlo�t�
the tlat�crf##za haari��b�fQre iror�n�ss�on.
F8. The failure of a property owner to receive notice as provided in this section shall
not invalidate such proceedings if the City can demonstrate by affidavit that such
notice was mailed. The failure to receive notice shall not invalidate the decision after
the action is final if a good faith attempt was made to notify all persons entitled to
receive notice.
�a�!#1ysr l£ .�1e�t 'at tta'lf�Staff At�v�s�r'ttlat
�s the raty xlid not ma+l tha notic,a r'equ�red rrt§ 'IS 1�. f:3:
��.mss;ear; i;terse�r.��agd Vic#�rria�u�t��c�a'�ersart's s�bs �� <�tts
ane!
'�`>,SE3 a ttePt perso yn rtified tlit�Staft 1\dvasor W#Elitri 21 days of wha> to plet;3cu
�Snew�a��uld tia��n� y�fe���ar�, pia staff A�,r1s�r shad a�ae���ka��aar�g .
fir thaal�extkrutar�miss�cx�brieantt�soarcl meetu alkSwntdtaemafo
�A��rltfi fhe nohc��regtlireirte�ta gf`s��ttar����;1Q8 prep,Tha �t�tia��t�g�st�ll tst
std .prstv�cfad�� �� 1Eiau
Hrirt�� �t�stz�tt�c�pers��e ��prat�scl �sic
t� �h"Eer��ei`fit is tisi'1rtor�e"d;�tYft!}Staft Adv;sor�tttdt:
.�.� �fi`�_��`�!�,;.nc#�r�i�jt fresh tfie`naude regiulreri�anfs lrt�"�r�,� i"J�
ti ik� ,�ll :7
,s�yG#<t�rrr "�rSe1y°aff� allt�t, p�Ji�ti'ioed a j7eYSt1�'�S sut�stantial��s;
an
':..<:.:<.:.... ..:<:n.:...'yrv::..e+..%:!"'"`C:.:'.wyx:w.....�.xy,...'!,wC✓"eMa.'Gy... '..:6:Y.x x<»ya..:".am:< K�.pKM...
�;���°a�; y3 �uoh p�rsctrrt rtgti>ied ute5t�">� Isarwtth�n �9 gays af�ea� e�sca�
krieinr>�shc�4� trays l�rxswrt of the 4iec�5�on,fhe�#aff Advisor shall sehe�t�le�3te�nr�s
karE2�f�3earCl. �'itx�ttx�ssjer��t'Cw�tt'ICU;;tf'Iati heard t�Ya�xald`I`}alfa haat�tt�as �eK
Irnrolvfn�'ttle defisct�te iZlt7tiGe,'
�. � �. 't`he leaf#Rduis'"or,shall nnfa`fy ksy mad ali pei`�ns wtio prexiousl�
a1Ppr3arad'Ir��tta rnaifac�rf all p�CfS wl?�wire entitled t�rria�ies�ncltice iaut w;;;ra
t iY�ailed uoh no
..rye, ..
PAGE 14-TITLE 18.108 REVISION 1o:pl..inglcode\re -1089.m,ouonobw 19, 19951
ION
01"I'm
Planning Aetiens-
G. The HeaFings OffieeF shall held an adMiniStFative heaFiAg With the if deSiFed, and shall make the deeisien en the Fequested aetien based en the eF*teF+'a
,
planning aetien, fellewing the Type 11 , eftheF
•
18.108.410
18.108.100 Public Hearings Frscetttirs. A. Publie heaFiRgS shall be held befeFe the
Planning Gemmissien eF HeaFiRgS BeaFd en all Type 11 and Type 111 planning aetiens,
4*'L At the commencement of a public hearing a statement shall be made to those in
attendance that:
1. Lists the applicable substantive criteria.
2. States that testimony and evidence must be directed toward the eriteFia
deseF+bed-abeveS [itlttiti3t , or other criteria in the
comprehensive plan or Land Use Ordinances which the person believes to apply to the
decision.
3. States that failure to raise an issue with sufficient specificity to afford the
decision maker and the parties an opportunity to respond to the issue precludes
appeal to LUBA based on that issue.
4. States that failure to participate in the public hearing, either orally or in
writing, precludes
5. States the presentation and rebuttal time limits for the applicant, proponents,
and opponents.
PAGE 15-TITLE 18.108 REVISION 1P:Pl�ino\oode\rev-109a.mo11oaobw 19, 19951
c�
0 nsuppek ef the appleeatien aFe submitted less than 20 dayspFOOF te the initial
f0F at least seven days unless theFe is a eentinuanee.
go. Other general rules of conduct for the public hearing as deemed necessary
by the Board or Commission.
����fteTrsth� trrt r��i��red£ ss�t�or� 1�:'�£)8 iE�t� A'� �e;#fSe�arhrr�ss�'r�n'.]�rr
it#I�tY��lbet� shad`dectel�any actual�!T patenxtiaf t�1fl(t�sYrif�#er'�f`� y,x8#t
p c:on#acEs�nctuding the abstanee>�af those cvn#acts and.any;_cpn�parons�e
!'l7Bfl3bE3r���fd' G`f1�Cf bi�G}St,[�PJ i�f�70�H L'Idrlt"dCtS. a
E tnenaber shah yenta an any proceeding�t av ud suc xnefnberE has. an
e at conff f�nteresff th which the member, or'#hose peTS ws or bus�nasto
srta$st SRS7� 5, f 'a r�rrs arus#ant�atnarat wtteTest, rT=�r �nrl�zcf " ht
fTrt81#1 r ifi 7Cf ; # me Eger TblSe$#b tl...... 4 ] zft)
is rfngs`t re soarcf, {iQr[lr7lS.W.O. foT 1(eQt�r3 S 7Qt�QCL s 1r r13rf 1SS 47i1� pC
E[3actTCifxfor;h81$ befrra tie, shall hsua t113pctwsTF#t Cgyrtiv src
�rs�, rf�r ►t farace�iin�>
;��$A 1, rtaes<shalf be e i i#>jaf# y f►av 1 �t ,tt €$Sh ut t c€
ptun $
G.`°At3�.t51�'#t�arsr�,�fte�rece��o�pub1�#�cin�,��h �dar�"�sr��i'r" srs��uii
ry F 9 b 3 S 9Y F ,L lam{ ] iP
� £$�f���t�t'£,4VE3 K�ff1 cQr14�31Qr]s{�T y th$I'�0 3�t�4ar�lrp�
rruss�cutsTn r alscrEt:cantinue he ubUc hexing#ci the;ne> Tn euM tia�a�ow i�
[18.108.110 Resubmittal ef Applisatiens MOVED TO 48.108.1801
[MOVED FROM FORMER 18.408.470.-B-.24
ES�f �'G4i�Qr�e�FC1I giI�ifSC�L1�Y�b����,er�,tiQ��71#dLtf�]`kt��ai�y 4.e eZ aq��g5wuux
t�lAClrtf�j the�tef b#tl�Ta��rl(f IUCri ftsr<�'l6t`Qr�iriLl�nf�s�i� ��3��iC3tlE,S�l��di7i1 ���
��g��tfta�aLK�t� t?�t�rY11F�'}t;�,�CIi�pC��,;IBIbIIC r1d�£ ,S�h,1I JY3C8��
,jAppeals
of Type hdebwan' which tlear►ng{Eats been haftt °o>?< y# a 11
deaslons >q hype 1l[c ec�sic5n ies�xibed ut WAQ .1 I shall be
,
a `
'� The standard eal fee shall be
::.,::...,t�3 .�` � n�ns�`atcx`� APP
:
required as part of the applieat♦er� rtic:eue f payti °Pp3i8i3`< ;# r3
a�1. The appeal shall be filed '
PAGE 16-TITLE 18.108 REVISION (V:den nbplcode%rev-108g.mo)(October 19, 19951
�0
18.108.120-prior to the effective
date of the decision of the Commission.
2. The appeal shall be iR WFitiAg and filed with the Gity Adminis�atGF'S OffiGe.
Sueh appeal t =shall include the appellant's name, address, and speeifieally stating
the- ,'s deeisien should be ,
�ifies as a party, fhe gate of tlte,�tecistrm be�g,appeal8c��. # tt't�:spew grai9t'
�r,�rhtch tt�e �tecis�or�shoulc kse reuersed p�rno�if based on the applicable criteria
or procedural irregularity.
findings and Fninutes ef the Planning GeFwnis6iep�.
3 � party riot fitirsg a r#a#1€� of appeal,may>ile a ntltl� of crass app��1
wrdt�n #tin days after isotice of the"appeal is mailed�s provided�section
#81 X811 Et A 4, ti he.rsa#tce a ar ass-appeal shad agn#ar##I wse,raatte>s gctrrad`In
nta#tc@ csf appeal. The party filing a nohcs flt cross appeal,shalt tnaA a copy�sL�c
tts all other part►e
Thp nat�ce appeal, togett With ttiotice of the gates time and plaGS of the
heeet ort#lie appeiyha O4unprf shalt be rr,aited#a the,pais at 1istEtAys
e�. The publie heaFing befGFe the GewneillOWshall be eeadaeted-as-a de
novo
81e8 4e9- t .
mew Cf ta d c a gr�auni is
stag art fhe noiicet ii ti a appeal was init ed E�y suc .rtc�tic %ltd.ur m na0 c� 5
s�appaal;`If ..M,,, IN
i Feeeipt ef publie 4estimweny,—The Council may
ast�ea af#Ir ; rarsa 06 0 tf�a � ON
ppp�csu� e�dersyytha n#q��#;
a ?rau #I andtxia�ns
fine C�
1tE. a kt# ; €sls t »alussorrs, r1d makeisciston td on the i fiadrei t3f4r
�t glen for its Filar►. The God ats3lt lcattse,rr�p�es'taf a t�'tal qrd ,'M°
setts#d aU par#s�rsaarttaphn�,�n ihppaat s Ilia t.ousla� remaryel;#haa#te : ff
ja sated that fesiltrtcsriY or ether ev+denoeauid rtes#h ►a#ieel presented at
#tearing below`° in deds�l5nt��uctt remand, the Gouncri shall�nssdtsr aYsd
t�i`3dtrl a{ld i�atlC;lll$H)rfS re GL4l�r�S h„
a[ Prejudtee tQ parEses,
b: Cartuensence t>r ayaltak�i(tty of eutdens a#the tulle� �mt#sat� �
�� Surprise #a appoSsng paltiesr
d #7at�l r�otscQ was givers#o other'p�es as tc� sn attarllp#icy ads�ut;and
of The cgmpetency, rei�varlay�rlt� matenalsty of the prapr�sed t�ststl"iars
trrt crttl�evsce: ::
PAGE 17-TITLE 18.108 REVISION (P:pim,ni aloodnlrev-1o9p.m,olloctoba 19, 19951
G$ Appeals may only be filed by parties to the planning action. `Parties° shall be
defined as the following:
1. The applicant.
2. Persons who participated in the public hearing, either orally or in writing.
Failure to participate in the public hearing, either orally or in writing, precludes the right
of appeal to the Council.
3. The Council, by majority vote.
4. Persons who were entitled to receive notice of the action but did not receive
notice due to error.
18.408.130 A891heatiens and DeadIiRes.jMGVrnD TO 48.408.047]
applieatien is deemed eemplete, eF at the end ef the a! day PeFied, the Gity will
8. Staff Peffnit applieatiens she'! be submitted 10 days PF69F te an adffiiAiStffifive
4. Type 1 applieeMens shall be submitted aO days PF29F te a FegWI8FIY sehedul
6. Type 111 applueatiens shall be submitted 46 days PF!eF te a FegUlady
seheduled Planning Gemmissien meeting.
1 . . ns feF Type 11 and Type "' planning aetiens shall have eempleted
the final appileatien.
420 days afteF the applieetien *a deemed eemplete. The 120 day pe0ed may be
•
18.108.140 Fees. A-.-Fees for applications under this Title, and fOF the Felated land
shall be set by
resolution of the Council.
PFBeess a Type I peKnit as a Type 11, will not Meet the fee ehaFged. The fee will
to this :Me.
PAGE 18-TITLE 18.108 REVISION (o:d.iald<uev-ioea.mo)fwctobw 19, 19951
27—
1_8. 8.150 Council or Commission May Initiate Procedures. The Commission or
Council may initiate any Staff Permit, Type I, Type II, or Type III planning action by
motion duly adopted by the respective body pgL>3gth a�5pnafest�#
�"i'.? ?.,�'G`akt�ie�ea arld fees fha,�{ 4Ctt�a. .
18.108.160 Ordinance Interpretations. A. ,
�� i��adm�r�,s#rafiarE of the,t. d l�s� A�dt�f�r��7as�nu�i' arcGng 1i
infar�,�1�e��ufatxiitjr i3f us2S nQf�spe�I�(�taar ftll�,�719a�tlag cad s wt?1'� �r'�pshraa�;�'
Sfa�f°A:d�isk�'xmaY int�rpref the prt�rlsict��'i��rr�'ftng or f�fat"fhe prOVisip�=#o fhe
� ttt�#�r�r�t�a'}�r�tatifx�l. T#1��p 'f7issitarr 5ha�'��SS�i�`ari3trr�terpr�#a�€r�n art rrbr
r �tt� e dc>ufaf: NeGfher Staf#J�t�ir'��nti�€eItut � fha �a�zrnzss�ara'
�I��the�ffeCt pf amandtng the prp�s�pn� +�fhs �� t�sa £�'+�Ina�GS t Any
Irra#at►�nf lnti IJse Orduta€ Gs shalt 68 can theilcywir�g
. 1 , Tt3�t�mpti3tter�srog pian,
�3¢�� p�rpase a>'1d Intent Cif fhe t�arrc�yuse,Qrc�na�nce;�s applied tt�the
padlcular section ICl question, acid
�. �,opint+�n bf tithe Cdr AtibCneirt
The� fpretatlnr�of tlhe 5f2#t Advislshtttba# s-�iYaie�cxttnllsstnnp
s �f����aulttartty fp rrro!dr�+ the �terprs#a�n.��� l'pr�a#E�rtttf fhs
t�'�shah ba lorwar�tad�fh9�un��AYG1Wh�nesrar�an �tferpretattfs�� �fi
�a��p���£nfar�s�F.c�pies.�sueh.�terp��cr��shq t rr�ade a�a�Es�1e fprApubl
disfr€b�or#,<
?Q L tslathra arr►endm,~nts trl�ln ft, fo#i '+
Nam offhb L nd Ctsa Ift�InanL� bC°rnak�,Fnfhel t ISlaftti+a rrr�ndmar>t I
irdar tci=�oiafart wt ft1+yamprerhensr ptarf'ox fa Iftae# rhartges to
flf Ci�faill�ssa artd C#�t11�It t15: A leglslM* amendmer3t rsta i�glslaf>W8 act Sot
41tit llt� tl4EkUttlC tYty €af ft1a
7 E1
JA��at #nfRatrtaltC!> nty
k'�t�a�e��iyz�B�Etr�Gt�"k+Ye�cstnl�ti"s��
� tli af-66�aYprc�PerEy�wner'�res€den..M. fees�Ify s�Ft�e �rruss�or�
gubCry ert�i�nar st>�z�I�st praef�ca�i�
3 y
t I13
..... IS SEtl31t1t#t�tf 1 : � � ly e a' 1 �h>~a r rt s f . Qf3'3ltl i3
It�$ rrvat, �sartk �au�`�ir`�fi�difiiICx��}�yI� r` tadss��i�rt>�rtla�r�t�'��`
j.yew-.w.;c,«r:.,,:.r..::e:....;.r.:.r;»,.: .;.:...;;.,;;,::.n,:...rx<:..:...;;...:
Aar; ppGcetrt r amerac mer + a pr+ p +� wne ki di��salt tie
� R�t7rltrtg #76pa�#n'#811f�t'1N,ty d�jts l� ta,f [��prrx�t�5rUn meeting of
a1, Eo tJe Est irtsidsrsr# kts`appilctian; h1t Tie mpantad by'
��gU;it'ecf.t
f°lafrs 1 �gnatn are prcrprse # f# ariu�l "�s
001 d pUFe> 17E 'Alter re>retp ta€, rrot# iTiaemendtrtgritr+7 'th8
1rSlant fhe untt shall ht�td a}wt�tlr�n Nc�rt fhe ami3ncifnertf Ntk[ #
PAGE 19-TITLE 18.108 REVISION (P:Pig,.no%coda\rev-,oao.wo)[october 19, 19951
23
�3 �..3 ����. z��[3HT�'���+.��S.wcu. �x"�'i ��SZuu��''� �•R'.fi'..'.sA�e�a3unu"'�
PAGE 20-TITLE 18.108 REVISION Iv:d.*v%.W.V.1080.moltoceobr 19. 19951
?A
moment<�ha7l be giuen notary u~«aan��sp�r�a?f 8a �,�prr�Ea�aeNt�� 2��
#f3�833t1�1,! ttan days prior to the rt~t��o��hGaar,Ing'<
j+[C} �1CatIEa13 of a 31L1 Ityc,�3 Yfl�l 1E � I000,11.0 t s#k o: 1"M'dt'Sidl"
"slot<#Nr��'�t by ttae ��mjssiar�ar,rta � ..........per�t�f�rrunedra��
#ti�s� pr8vatttas deraaaEga�� `;� ,i=t�,'ext�i�ttti#gC�#3Ci�t�55itx3.i3r ;��`��q(
��>� yiftr�t tfle t�plraian t�thekCa �'�w � !`� �waa.'�'��a�arag��a�
c�r��tartcess�nn�rrant�#
18.108,180 Resubmittal of Applications. In
case an application is denied by the Commission, or denied by the Council on appeal,
unless that denial is specifically stated to be without prejudice, it shall not be eligible
for resubmittal for one year from the date of the denial, unless evidence is submitted
that conditions, the application, or the project design have changed to an extent that
further consideration is warranted.
SECTION 2. Section 18.08.345 is added to the Ashland Municipal Code:
18.08.345. Legislative amendment. An amendment to the text of the land use
ordinance or the comprehensive plan or an amendment of the zoning map,
comprehensive plan maps or other official maps including the street dedication
map described in section 18.82.050, for land involving numerous parcels under
diverse ownerships.
SECTION 3. Section 18.08.487 is added to the Ashland Municipal Code:
18.108.487 Minor amendment. An amendment to a subdivision or partition
plat that:
A. Does not increase the number of lots or parcels created by the
subdivision or partition; <
B. Does not enlarge the boundaries of subdivided or partitioned area;
C. Does not change the general location or amount of land devoted to a
specific land use; or
D. Makes only minor shifting of the established lines, location or size of
buildings or building envelopes, proposed public or private streets, pedestrian
ways, utility easements, parks or other public open spaces.
SECTION 4. Section 18.08.595 is added to the Ashland Municipal Code:
18.08.595. Planning action. A proceeding pursuant to this ordinance in which
the legal rights, duties or privileges of specific parties are determined, and any
appeal or review of such proceeding, pursuant to the provisions of this
PAGE 21-TITLE.18.108 REVISION (a:p(..ingk"dalrev-10eo.ma)10ctoba 19. 19951
i
2S
ordinance. A planning action does not include a ministerial action or a
legislative amendment.
SECTION 5. Section 18.08.870 is added to the Ashland Municipal Code:
18.08.870. Zoning permit. An acknowledgement made to the Building Official
by the Staff Advisor that the application for a building permit meets the
requirements of the Land Use Ordinance. Where applicable a zoning permit
may also set forth any special conditions to be met by the applicant prior to
issuance of a Certificate of Occupancy or any other planning and zoning related
conditions to be enforced by the Building Official.
SECTION 6. Chapter 18.106 is added to the Ashland Municipal Code as follows:
Chapter 18.106
ANNEXATIONS
Sections:
18.106.010 Procedure
18.106.020 Application
18.106.030 Approval Standards
18.106.040 Boundaries
18.106.050 Statutory Procedure
18.106.060 Procedure
18.106.010 Procedure. All annexations shall be processed under the
Type III procedure.
18.106.020 Application. Application for annexation shall include the
following information:
A. Consent to annexation which is non-revokable for a period of
one year from its date.
B. Agreement to pay system development annexation charges as
required by AMC 4.16.010.
C. Agreement to deposit an amount sufficient to retire any
outstanding indebtedness of Public Service Districts defined in
ORS 222.510.
D. Boundary description and map prepared in accordance with
ORS 308.225. Such description and map be prepared by a registered
land surveyor. The boundaries shall be surveyed and monumented as
PAGE 22-TITLE 18.108 REVISION 1v:d..,inwlcodeu"•10eo.wo110ctobw 19, 19951
2�
required by ORS subsequent to Council approval of the proposed
annexation.
E. Written findings addressing the criteria in 18.106.030.
18.106.030 Approval standards. The following findings shall be required
for approval of an annexation to the City of Ashland: A. That the land is
within the City's Urban Growth Boundary.
B. That the proposed zoning and project are in conformance with the
City's Comprehensive Plan.
C. That the land is contiguous with the City Limits.
D. That adequate City facilities for water, sewer, paved access to and
through the development, electricity, urban storm drainage, and
adequate transportation can and will be provided to and through the
subject property.
E. That a public need for additional land, as defined in the City's
Comprehensive Plan, can be demonstrated; or
1. That the proposed lot or lots shall be residentially zoned under
the City's Comprehensive Plan and that the applicant has agreed to
provide 250 of the proposed residential units at affordable levels, in
accord with the standards established by resolution of the Ashland City
Council. Such agreement to be filed as part of the initial application and
completed and accepted by all parties prior to the final adoption of the
ordinance annexing the property; or
2. That the proposed lot or lots will be zoned E-1 under the City's
Comprehensive Plan, and that the applicant will obtain Site Review
approval for an outright permitted use, or special permitted use
concurrent with the annexation request or within one year of the
annexation hearing and prior to the final adoption of the ordinance
annexing the property. Failure to obtain subsequent site review approval
shall invalidate any previous annexation approval; or
3. That a current or probable public health hazard exists due to
lack of full City sanitary sewer or water services; or
4. That the existing development in the County has inadequate
water or sanitary sewer service; or the service will become inadequate
within one year; or
5. That the area proposed for annexation has existing City of
Ashland water or sanitary sewer service extended, connected, and in
use, and a signed "consent to annexation" agreement has been filed and
accepted by the City of Ashland; or
6. That the lot or lots proposed for annexation are an "island"
completely surrounded by lands within the city limits.
PAGE 23-TITLE 18.108 REVISION (p:pl.nUq\oodetrev-10e9.wo)loc[obw 19. 19951
z1
18.106.040 Boundaries. When an annexation is initiated by a private
individual, the Staff Advisor may include other parcels of property in the
proposed annexation to make a boundary extension more logical and to
avoid parcels of land which are not incorporated but are partially or
wholly surrounded by the City of Ashland. The Staff Advisor, in a report
to the Commission and Council, shall justify the inclusion of any parcels
other than the parcel for which the petition is filed. The purpose of this
section is to permit the Planning Commission and Council to make
annexations extending the City's boundaries more logical and orderly.
18.106.050 Statutory procedure. The applicant for the annexation shall
also declare which procedure under ORS 222 the applicant proposes
that the Council use, and supply evidence that the approval through this
procedure is likely.
SECTION 5. Section 2.14.050 of the Ashland Municipal Code is deleted.
SECTION 6. Section 18.08.130 of the Ashland Municipal Code is amended to read:
18.08.130 Commission. The Planning Commission eF HeaFiRgS Bea the
City.
SECTION 7. Section 18.100.020.13 of the Ashland Municipal Code is deleted and the
remaining sections shall be renumbered accordingly.
18.100.020 Application. The owner or his agent may make application with the
Staff Advisor. Such application shall be accompanied by a legal description of
the property and plans and elevations necessary to show the proposed
development. Also to be included with such application shall be a statement
and evidence showing that all of the following circumstances exist:
A. That there are unique or unusual circumstances which apply to this site
which do not typically apply elsewhere.
Go. That the proposal's benefits will be greater than any negative impacts on
the development of the adjacent uses; and will further the purpose and intent of
this ordinance and the Comprehensive Plan of the City.
B That the circumstances or conditions have not been willfully or purposely
self-imposed.
PAGE 24-TITLE 18.108 REVISION ir:dd,ninw\codeu�-1o90.mo11oaoba 19. 19951
2
SECTION 8. Section 18.04.020 of the Ashland Municipal Code is amended to read:
18.04.020 Purpose. The purpose of this Title is to encourage the most
appropriate use of land; to promote orderly growth; to provide adequate open
space for light and air; to conserve and stabilize the value of property; to
protect and improve the aesthetic and visual qualities of the living environment;
to aid in securing safety from fire and other dangers; to facilitate adequate
provisions for maintaining sanitary conditions; to provide for adequate access to
property; and in general to promote the public health, safety and the general
welfare, all of which is in accordance with and in implementation of the
Comprehensive Plan of the City of Ashland. )!Q"'.: t» , Y t>r e> efi a
«,.r...
t>€t�r`i�arty�eras��silindar the t and �1se,L�rtl�� :
SECTION 9. The first sentence in section 18.62.040.E of the Ashland Municipal Code
is amended to read:
E. Criteria for approval. A Physical Constraints Review Permit shall be issued
by the HeariagG Of#ieef-Staff:'WMsor:when the Applicant demonstrates the
following:
SECTION 10. Section 15.04.090 of the Ashland Municipal Code is amended to read:
15.04.090 Building Permits Generally. Permits shall be obtained as required
by the specialty codes. General contractors shall obtain all permits for a given
job at one time. No building permit that would result in the construction of new
structures, or the enlargement or change in use of existing structures shall be
issued prior to the presentation of an approved aetierprirto
the Building Official by the applicant. Such planning aetien apffe <;,s: g�
"" hall be issued by the Planning Director, or a designee, and shall verify
ON-
that the contemplated project is in accord with all applicable zoning and
planning regulations. It shall also set forth any special conditions to be met by
the applicant prior to issuance of a Certificate of Occupancy or any other
planning and zoning related conditions to be enforced by the Building Official.
The issuance and continued validity of any building permit issued by the City of
Ashland shall be contingent on compliance by the applicant with all applicable
city, county, state, or other regulations. On properties or in areas designated to
be of significant historical value or interest applications for building permits, not
requiring review by the Planning Commission pursuant to Title 18 of the
Municipal Code, shall be referred to the Ashland Historic Commission for review
and recommendations, who shall have a period of time not to exceed seven
days to complete such review and recommendations.
SECTION 11. Section 18.70.080.0 of the Ashland Municipal Code is amended to
read:
PAGE 25-TITLE 18.108 REVISION (p:plwninolcodekev-ioea.wo)[October is. 1995]
2�t
18.70.080 Hearing Procedure. A. The Staff Advisor shall send notice of the
hearing on the permit application to the applicant and to all persons originally
notified of the Solar,Access Permit application, and shall otherwise follow the
procedures for a Type I hearing.
B. The Staff Advisor shall consider the matters required for applications
set forth,in Section 18.70.070(B) on which the applicant shall bear the burden of
proof, and the following factor on which the objector shall bear the burden of
proof: A showing by the objector that the proposed collector would
unreasonably restrict the planting of vegetation on presently under-developed
property.
1. If the objector is unable to prove these circumstances and the
applicant makes the showings required by Section 18.70.060(B), the Staff
Advisor shall approve the permit.
2. If the applicant has failed to show all structures or vegetation
shading of the proposed collector location in his application, the Staff Advisor
may approve the permit while adding the omitted shading structures or
vegetation as exemptions from this Chapter.
3. If the objector shows that an unconditional approval of the
application would unreasonably restrict development of the objector's presently
under-developed property, the Staff Advisor may approve the permit, adding
such exemptions as are necessary to allow for reasonable development of the
objector's property.
4. If the Staff Advisor finds that the application contains inaccurate
information which substantially affects the enforcement of the Solar Access
Permit, the application shall be denied.
C. Any decision by the Staff AdvisorjG3
"Cif-the Planning Commission s a Type II
9 YP
planning action according to the usual procedures contained in this Title.
SECTION 12. Section 18.104.070 of the Ashland Municipal Code is amended to read:
18.104.070 Revocation: Abandonment. Unless a longer period is specifically
allowed by the approval authority, any conditional use permit approved under
this section, including any declared phase, shall be deemed revoked if the
proposed use or phase is not ftwiaWwithin one year of the
w^t:
"15— a i. .aq
date of approval i :rR<; :' s =: i < ` r: > b trt " 'Ll
PP4 t£ ., •,o,Ati o<:,..<ti of
m-:sp<xmtt: rxo>»' C o 0 ob aN' ou Sb
•eF:aa��i6 v w e<;a:�amsear, ¢ c< 33 t 3 rr�� ���fib'�. ���, �Q
� �3 ??meredtt use f f e permit
requires site design approval under Chapter 18.72, the permit shall be deem
revoked if the use or phase is not developed within one year of the date of site
design approval. A conditional use is deemed void if discontinued or
abandoned for a period of six consecutive months.
SECTION 13. Section 18.70.060.6 of the Ashland Municipal Code is amended to
read:
PAGE 26-TITLE 18108 REVISION (p:plan nirplcoda%rev1089.mollOctobw 19. 19951
B.
e4 variance may be granted with the following findings being the sole facts
considered by the Staff Advisor:
1. That the owner or owners of all property to be shaded, sign and
record with the County Clerk on the affected properties' deed, a release form
supplied by the City, which contains the following information:
a. The signatures of all owners or registered leaseholders who
hold an interest in the property in question.
b. A statement that the waiver applies only to the specific building
or buildings to which the waiver is granted.
c. A statement that the solar access guaranteed by this Section is
waived for that particular structure and the City is held harmless for any
damages resulting from the waiver.
d. A description and drawing of the shading which would occur,
and
2. The Staff Advisor finds that:
a. The variance does not preclude the reasonable use of solar
energy on the site by future buildings; and
b. The variance does not diminish any substantial solar access
which benefits a habitable structure on an adjacent lot.
a,°3tet'M erg un7uq gar urn art=un." ss
T>oM"Y
;; �..`wf,�!ES���tnant� rp�apY"�p1Y btsaer�
SECTION 14. Section 18.68.090.A of the Ashland Municipal Code is amended to
read:
A. A non-conforming use or structure may not be enlarged, extended,
reconstructed, substituted, or structurally altered, except as follows:
1. When authorized in accordance with the same procedure as
provided in Conditional Use Chapter 18.104, a nonconforming use may be
changed to one of the same or a more restricted nature.
2. When authorized in accordance with the same procedure as
provided in Conditional Use Chapter 18.104, an existing bukling,-structure
land-may be enlarged, extended, reconstructed, or structurally altered, except
that a Conditional Use Permit need not be obtained to enlarge or extend a
single-family home in the residential district, provided that the addition or
extension meets all requirements of this Title.
SECTION 15. Resolution 78-38 entitled "A RESOLUTION OF THE CITY OF ASHLAND
ADOPTING LAND USE HEARING RULES FOR CONDUCT OF QUASI-JUDICIAL
HEARINGS BEFORE THE CITY COUNCIL AND PLANNING COMMISSION" and
PAGE 27-TITLE 18.108 REVISION (P:donning%coda\r"-109y.mo)(Octobw 19, 19951
?1
resolution 88-20 entitled °A RESOLUTION AMENDING THE LAND-USE HEARING
RULES ADOPTED BY RESOLUTION 78-38° are repealed.
PAGE 28-TITLE 18.108 REVISION (o:dmmlmloudotrev-109a.m o)[Octobm 19, 19951
"�L
PUBLIC HEARINGS: (Must conclude by 9:00 p.m.)
1. Planning Action 94-050: Request to amend 18.08.300 of the definitions section of
the Land Use Ordinance and adopt a new chapter to the Ashland Municipal Code
relating to home occupations. (Applicant: City of Ashland)
Community Development Director John McLaughlin reviewed Planning Action with Council.
Current definition does not allow home occupations to have employees other than the home
occupants. This revision will allow outside employees to work in the home before the
business must relocate to a Commercial property.
Public hearing opened at 7:25 p.m.
Those speaking in favor:
Darrell Boldt, 1950 Tamarack Place, supports the proposed revisions.
No one spoke in opposition.
Public hearing closed at 7:27 p.m.
Councillor Winthrop explained the purpose of the revisions. Council discussed proposed
changes. Councillor Acklin asked that changes be made by staff to address concerns of
Council on the number of deliveries under page 2, section B-2 and 18.94.100 Purpose an d
Intent, paragraph 2.
2. Planning Action 94-095: Request to amend the procedures chapter 18.108 of the
Land Use Ordinance; reconciling other sections of the Land Use Ordinance and
the Ashland Municipal Code to these amendments; amending the variance
criteria and other sections in the Land Use Ordinance; and repealing Resolutions
78-38 and 88-20. (Applicant: City of Ashland)
Community Development Director John McLaughlin reviewed request with Council.
McLaughlin said this was a result of Council's Goal Setting Session.
Public hearing opened at 7:40 p.m.
Jack Blackburn, 885 Oak Street, requested a copy of this Planning Action for his review
prior to adoption.
Cate Hartzell, 881 East Main Street, requested an opportunity to discuss revisions at another
Public Hearing. Council would have to reopen Public Hearing in 2 weeks prior to adoption.
Public hearing closed at 7:48 p.m.
(r.Mmulc.udb94.W page 2 -
�,3
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 m/s approval adoption of item H4 of the Consent. Agenda. Roll Call
vote: Laws, Reid, Hauck, Hagen, Winthrop, Thompson, YES. Motion passed.
PUBLIC HEARINGS
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
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
IOpm. 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.
lGeorge 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.
om 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
ttention. 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
I
his 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.
3 � 2
P17BL IC HEARINGS
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.
Planning Director John McLaughlin spoke regarding how the process of this amendment to the Land Use
Ordinance started from the Council goal setting session when Planning was asked to clarify the process and
limit the appeals that come before the Council in an attempt to reduce Council workload, expedite the
process, making it a clear, more objective process. Planning Department looked at the procedures and took
all the actions that are quasi-judicial in nature, all actions that are criteria based in there decisions, not
policy setting but criteria based on the ordinance and said that the Planning Commission would be the final
decision maker on the majority of these actions. The Planning Commission deals with similar actions on
monthly basis, and are trained to make these types of decisions. The Council would hear appeals on zone
changes and annexations that would involve actions on individual parcels. All other appeals would go to
LUBA,after the Planning Commission decisions.
On policy matters of comprehensive plan map amendments, ordinance changes, things that are of major
consequence in how the city grows and develops in the future would come before the Council for final
decision. Clarification on issues were also made during this amendment procedure.
Handed out information on past appeals for the last 3 1/2 years; 10 appeals filed; 7 heard by council (3
decided by mediation or dismissed); 4 Type II's; 5 Type I's; 1 Building Permit; 1 appealed to LUBA (City
decisions sustained); 2 PC decisions overturned by Council (one based on a redesign by applicant).
Director McLaughlin asked Council for direction in regards to what they would like and not like to hear in
regards to the appeal process. The recommendation was that the Planning Commission make the final
decision on all quasi-judicial appeals.
I'
Councilor Reid commented on not being able to hear new evidence. She felt people would compare it to
the legal system where someone who may be guilty, got off on a technicality. She feels it is the wrong to
deny new information in this process.
Director McLaughin explained that when there were appeals or an option should the council decide to hear
appeal, the recommendation was that these actions be heard "on the record". Right now on appeals, all
new information can be heard, the decision of the Planning Commission becomes a recommendation and
the hearing process begins over entirely new. All new information could then be presented and decision by
council is a completely separate decision from the Planning Commission. Recommendation is that the
Council hear all appeals "on the record", all issues and points would have to be raised before the Planning
Commission. There would still be a Public Hearing, but the testimony would have to be limited to items
already placed in evidence or testimony already received. He stated that if there are two sides to an issue
that are looking to be adversary, it would make both parties present their complete cases before the
Planning Commission. Knowing that there may be an appeal, one side could not present just a portion of
their evidence and come back to City Council to delay or expedite, by introducing new evidence,
addressing issues that are going to be raised, or raise new.issues that they know developers could not
address at that meeting. The Planning Department position is that all issues be raised before the Planning
Commission so all would clear before coming to the Council. The Council decision then would be to
support the Planning Commission's decision, over-rule their decision, remand the Planning Commission
decision or make a decision with additional conditions based on evidence already on record. Planning felt
this would be a way of expediting the process, if everyone knew that all information that was going to be
heard, was in the Council packet.
3s 2
i uuncuor winmrop repurLea man Ulele wulc DOVUIW U1lIS 111 UIC let,'ISIMUlc Waa vaa .wawa vYYvawuaucn LV _
appeal and how land use actions would be heard.
PUBLIC HEARING OPEN: 7:30 p.m.
Don Greene/375 Normal Ave/In favor of amendment to ordinance and feels that the Planning Department
has two distinct parts; 1) political process and 2) technical process.
Cate Hartzell/881 E. Main/In opposition of amendment to ordinance, feels mediation is significant along
with citizen involvement. This amendment forces the Planning Commission into a litigation situation.
Does not agree with explanation by Planning Department regarding history of appeals. Does not
understand why council feels this appeal process needs to be eliminated.
Jack Blackburn/805 Oak St/In opposition of amendment to ordinance and feels that the appeal process for
Type II should be kept. He would like to see the Council left in the appeal process .
Susan Hunt/220 Nutley/In opposition of amendment to ordinance she feels citizens should have access to
elected officials. Handed out letter from James Moore/1217 Park Street/also in opposition of ordinance
change.
Barbara Ryberg/373 Vista/In opposition of amendment to ordinance and brought with her a petition of 23
signatures stating that this amendment undermines the democratic process.
Debbie Miller/160 Normal/In opposition of amendment to ordinance, feels that when appeal does not reach
Council it is not a complete process. She feels that the elected officials should have input and citizens
should be able to bring appeals to Council.
PUBLIC HEARING CLOSED: 7:53 p.m.
It was confirmed for Councilor Hauck that all Type III appeals come before the Council for final decision .
and that one of the proposed changes would be that certain types under Type III would only come before
the Council if they were appealed, otherwise would remain with the Planning Commission.
Director McLaughlin clarified that Type III is any zone change, annexations, ordinance amendments, map
changes, neighborhood plans, site design standards, any kind of changes of this nature are all Type III.
What this proposed amendment would do is to divide these into two categories, Type III and Legislative
mendments which would better reflect what the Oregon Statutes state.
Councilor Reid questioned City Attorney Paul Nolte regarding a.letter received from Richard Cottle
commenting on the proposed procedure amendment.
ttorney Nolte stated that in the letter by Mr. Cottle he commented on a case evolved out of Jackson
County vs. Clark which changed land use as to how courts interpret local ordinances. Prior to this case the
courts said would interpret local ordinances. The Clark case states that; No, it is those that write the
ordinance, that can interpret their ordinance and tell the court what it means, then the court will abide by
That interpretation unless it is clearly wrong. The courts have used this case to decide that it is the
elected" officials interpretation which the courts will listen to and they will not listen to an appointed
body. By not allowing appeals to the council, would lose benefit from the Clark vs. Jackson County
because if the Planning Commission has to make an interpretation of the ordinance the court would not be
necessarily bound by it. It has to come through the Council before the court would listen to the Council
interpretation unless it is clearly wrong.
3b 3
t-ountmor wmmrop wouia uxe io cwnswer me iaea or cnangmg proceoure in mac mole appeals mar are
heard are heard "on the record" with public testimony but not introducing new issues. He doesn't feel
Council is able to make overall as good of decisions as the Planning Commission. The Planning
Commission is more involved and more aware of process, he is in favor of small, low impact decisions are
handled through the Planning Commission level.
Councilor Laws felt that the Council should wait until after the Legislative Session to make their decision
on this proposed amendment. He does agree with limiting appeals to what is "on the record".
Councilor Reid questioned Attorney Nolte regarding the technical legalities that would blind the council to
relevant information that could come forward.
Attorney Nolte stated that the way the ordinance is proposed, the Council has the ability to send back a
decision, when new evidence comes to life, that was not available at the time of the Planning Commission
hearing. The Council would not hear the new evidence, but send it back to the Planning Commission
stating that there seems to be new information that they need to consider before the Council hears it. New
information would have to be shown to the Council indicating that the.new evidence did not exist or was
not readily available at the time of the Planning Commission hearing. Steps would have to be taken by
Council to determine whether it is material enough and if it would really make a difference before sending
it back to the Planning Commission.
Councilor Reid concerned that the Planning Commission is acting without the guidance of the City Attorney
when thearecords are "set" before it comes to the Council. Attorney Nolte stated that the staff is well
versed in the law and Planning Director John McLaughlin attends all Planning Commission meetings.
Councilor Reid suggests to Council that there be no action taken on this proposed amendment that they
should leave the ordinance the way it is and wait until the legislature has met. She favors using the
information presented along with further research of hearing appeals "on the record" and is not ready to
support amendment at this time.
ys
Mayor Golden cautioned Council regarding basing their decisions on what the legislature does.
Councilors Winthrop/Hauck m/s to take no action at this time, but to wait until conclusion of the
legislative session, sometime this summer and then put the proposed amendment on the agenda for
Council consideration. Voice vote: Laws, Hauck, Hagen, Winthrop, Thompson, YES; Reid No.
Motion passed 5-1.
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.
Planning Director John McLaughlin spoke explaining that this is the same proposed amendment which was
approved by Council for the R-1 zone. He does recommend a change on page 1, Section D, 3rd line down
"minimum set-back of 10 feet" from the front property line rather than "8 feet". This is the same issue
raised on acquiring public utility easements along the front 10 feet of properties and being consistent in not
encouraging people to build inside easements.
This amendment is for all R-2 and R-3 zones excluding historic district, historic district can still use lesser
set-backs as provisioned in the ordinance.
PUBLIC HEARING OPEN: 8:10 p.m.
PUBLIC HEARING CLOSED: 8:10 p.m.
4
P Iwo YA
November 2, 1995
Ashland City Council:
Re: Hillside Development Standards
As our hillsides develop, many problems become apparent. Steep slopes and access
problems lead to design and engineering solutions that have negative impacts. Visual
scarring and erosion, traffic safety, fire danger, to name a few. Examples of such
developments: Morton Street, Logan Drive; Barton Canyon off of Church and Scenic.
Many cities have specific Hillside Development Standards, San Rafael, CA, Oakland, CA
and many more. Ashland should have had the vision to address this situation years
ago. Even three years ago, we were promised a Hillside Development Standards study
to proceed concurrently with the Strawberry/Westwood plan. But aside from one study
session this summer, the city is letting it slide by again.
For the few hillsides remaining, let's develop them in a manner we all can be proud of.
Please put Hillside Development Standards on the fast tract- NOW.
Thank You!
Mr is i w1k) , I I 0-WLA i—.
Zqo Nth
>� cuty- 12.4
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Dear Governor Kitzhaber,
As a community which derives its living from tourism and other businesses reliant upon a healthy
ecology, we believe that it is not only environmentally sound, but also economically in the interest
of the state of Oregon, to leave the last remaining classic old growth forest as is.. There is definitely
a place for logging in our economy. The smaller trees in younger mature forests can be thinned from
below where necessary to reduce fire hazards, and to generate wood products. But in all cases, the
large old trees should be left as ecological legacies for future forests and future generations. Old
forests and big trees are essential for our quality of life. A beautiful Oregon is more than visually
pleasing and stimulating, it is also fiscally advantageous to it's communities' survival.
Respectfully yours,
The City of Ashland, Oregon
t
4EGo" �
November 3, 1995
II- Mayor and City Council
rom: John McLaughlin, Planning Director
c*UbjUt: Archaeological Sites and Local Jurisdiction
The State of Oregon, through Goal 5 of the Land Conservation and
Development Commission Goals, lists historical areas, sites, structures and
objects for protection, similar to other cultural and natural resources (i.e.
open space, wetlands, etc...). And included in these historic resources are
"prehistoric" or archaeological resources. However, to date, there have
not been any clear or concise standards put forward for the development of
local ordinances regarding archaeological sites.
We have checked with the Department of Land Conservation and
Development (DLCD), and the State Historic Preservation Office (SHPO),
and no other jurisdictions in the state have adopted specific ordinances
regarding the protection of prehistoric resources. Only Deschutes County
is attempting to prepare an inventory and ordinance to protect
archaeological resources, but they have indicated that it is slow going as
they attempt to "invent" a new process for the state. A letter from
Associate Planner for Historic and Cultural Resources is enclosed.
The Office of the State Archaeologist has provided us with the relevant
Oregon Revised Statutes (ORS) relating to archaeological resources, but
has indicated that even within the state statutes there are conflicts regarding
this topic. Those statutes are also attached to this memo.
To further compound the issue, the State Archaeologist has indicated that
their information regarding local archaeological sites is not generally
available to the public, and exempt from the Freedom of Information Act
due to the sensitive nature surrounding the disturbance of prehistoric sites.
Presently, there is a statewide committee examining all Goal 5 issues, and
developing new administrative rules for the implementation of all portions
of the goal. These are not yet complete. When the committee's
recommendations are finalized, they will hopefully provide the necessary
framework for the development of local ordinances.
Therefore, the current state statutes are the effective regulations regarding
archaeological sites within the city, requiring a property owner/developer,
I
when they come across a "site", to contact the appropriate agencies, and
iperform the necessary analysis: Even under the current state statutes, the
permitting process is designed for public lands and not private lands.
Staff would recommend that we wait until the new administrative rules are
I adopted to provide guidance in the preparation of a local ordinance. In the
meantime, we need to work towards raising the level of awareness of
archaeological resources such that when disturbance occurs on a site, that it
is recognized and reported. This will not be an easy task, since the
discovery of a site is not always a clear process. We are working with the
State Archaeologist in gaining information for dissemination to the public,
that can explain the discovery of sites, and the measures that must be taken
to comply with state law.
JTES c
lu Community Development Department
Administration Bldg., 1130 N.W. Harriman, Bend, Oregon 97701
(503) 388-6575
Planning Division
October 25, 1995 Building Safety Division
Environmental Health Division
Bill Molnar
City of Ashland
Planning Department
20 E Main St.
Ashland, OR 97520
Dear Bill:
Enclosed is a copy of Phase I of a two phase project to study the archaeological resources here in
Deschutes County. The first phase, simple put, looked at the prehistory of the County and what
types of sites do we have. This is needed to find out what is important to preserve, i.e. we have
200 of these sites, lets not be too concerned, or Woa! This is the only site of this type in the
County, perhaps we should preserve it.
The question of management of archaeological sites is a difficult one. The first stumbling block
we have come across is how do you rank the individual sites and then what strategies are
associated with managing the various types. Among the professional community of
archaeologists this questions becomes difficult because some see certain sites very important,
while others may see the same site is of little importance.
Here in Deschutes County we are trying to add some stability to the confusion. We are not only
looking at how do we manage existing sites, but how do we manage areas that have the potential
to have archaeological sites on them. The first problem arises on how do we know were sites
might be. The answer, hopefully comes from Phase I; knowing what types of sites are out there,
then associating those sites with geographic features such as distance from water, mountains,
elevation etc.. From here we plan to use GIS to create some computer modeling of these
potential areas then develop some management strategies.
Quality Services Performed with Pride
As you can see its quite a long drawn out process and we're breaking new ground. I have also
enclosed a copy of our grant proposal to SHPO so you can get a better idea of what it takes to
complete such a task. I wish you well on your efforts to protect the prehistoric sites of Ashland.
If I can be of any help please feel free to call me anytime.
Sincerely,
p
Michael Houser
Associate Planner
Historic and Cultural Resources
CEMETERIES, HUMAN BODIES AND ANATOMICAL GIFTS 97.760
i
INDIAN GRAVES AND PROTECTED locations other than native1ndian cairns or
OBJECTS burials; or
97.740 Definitions for ORS 97.740 to (b) Actions taken in the' performance of
97.760. For the purposes of ORS 97.740 to official law enforcement duties. II;
r 97.760'and 97.990 (5): (4) Any discovered human remains sus-
(1) 'Burial" has the meaning given that pected to be native Indian shall be reported
to the state police, the State Historic Pres-
term in ORS 358.905.
ervation Officer, the appropriate Indian tribe
(2) "Funerary object" has the meaning and the Commission on Indian Services. [1977 h
given that term in ORS 358.905. c647 §2; 1979 c420 §3; 1981 e442 §4; 1985 c.199 §1; 1993 c.459 §101
t (3) "Human remains" has the meaning j'
given that term in ORS 358.905.
97.750 Permitted acts; notice. Any eol-
1 ` (4) "Indian tribe" means any tribe of In- posed excavation n a professional burial shall ;.
dians recognized by the Secretary of the In- be ti a native Indian cairn ri burial shall
terior or listed in the Klamath Termination ti initiated only after prior written nn Offi-
` tion to the State Historic Preservation Offs-
Act, 25 U.S.C. 3564 et seq., or listed in the cer and the state police, as defined in ORS
Western Oregon Indian Termination Act, 25 358905 and with the prior;written consent
j U.S.C. 3691 et seq., if the traditional cultural of the appropriate Indian tribe in the vicinity
p: area of the tribe includes Oregon lands. of the intended action. Failure of a tribe to
(5) "Object of cultural patrimony" has respond to a request for permission within
the meaning given that term in ORS 358.905. 30 days of its mailing shall be deemed con-
(6) "Professional archaeologist" means a sent. All associated material objects,
person who has extensive formal training funerary objects and human remains removed
and experience in systematic, scientific ar- during such an excavation shall be reinterred
chaeology. at the archaeologist's expense under the
supervision of the Indian tribe.
(7) "Sacred object" has the meaning (2) In order to determine the appropriate
��11ven.that term in ORS 358.905. x1977 c.647 §1;
I981 c442 §3; 1985 c.198 42; 1993 c.459 §91 Indian tribe under this section and ORS
97.745, a professional archaeologist or other
97.745 Prohibited acts; a Ii person shall consult with the Commission on
notice. (1) Except as rovided in ORS 97.750, Indian Services which shall designate the
7 c.
420 2 196
1
til8te 77 c.647 3 19 9 § .
p p ve mu e. is § ,
• no person shall willfully remo appp�roppriate tribe. [ �
deface, injure or destroy any cairn, burial, cm §5; 1993 c.459 §111
human remains, funerary object, sacred ob- 97.760 Civil action by Indian tribe or
ject or object of cultural patrimony of any member; time for commencing action;
native Indian. Persons disturbing native In- venue; damages; attorney fees. (1) Apart
than cairns or burials through inadvertence, from any criminal prosecution, an Indian
including by construction, mining, logging or tribe or enrolled member thereof shall have
agricultural activity, shall at their own ex- a civil action to secure an injunction, dam-
p n
en reinter the human remains or fuerary ages or other appropriate relief against any
object under the supervision of the appropri- person who is alleged to have violated OR i
ate Indian tribe. 97,745. The action must be brought within
(2) Except as authorized by the appropri- two ye ars of the discovery of the violation
ate Indian tribe, no person shall: by the plaintiff. The action may be filed in
(a) Possess any native Indian artifacts, the circuit court of the county in which the
human remains or funerary object having subject grave, cairn, remains or artifacts are
been taken from a native Indian cairn or located, or within which the defendant re-
burial in a manner other than that author- sides.
ized under ORS 97.750. (2) Any conviction pursuant to ORS
(b) Publicly display or exhibit an native 97.990 (5) shall be prima facie evidence of a
Indian human remains, r exhibit
funerary object,native violation of ORS 97.745 in an action brought
J under this section.
cred object or object of cultural patrimony. (3) If the plaintiff prevails:
(c) Sell any native Indian artifacts, hu- (a) The court may award reasonable at-
;. man remains or funerary object having been torney fees to the plaintiff-,taken from a native Indian cairn or burial
or sell any sacred object or object of cultural (b) The court may grant injunctive or
patrimony. such other equitable relief as is appropriate,
including forfeiture of any artifacts or re- j
(3) This section does not apply to: mains acghuired or equipment used in the vi-
possession
dia (a) The sale o taken from of any items forfeitedalas tseeshfit, including 1
1993-10-163
' 358,110(1 EUUCA'rION AND G
ul.ruRAL FACILITIES
OREGON STA'L'E MARITIME MUSEUM lands and the hed of tlu sea within the.
state's jurisdiction, that contains archaeolog-
358.900 Oregon State Maritime Mu- ical objects and the contextual associations
Ij seum; functions; participation by Depart- of the archaeological objects with:
ment of Transportation. (1) Columbia (i) Each other, or
N River Maritime Museum, Incorporated, is (ii) Biotic or geological remains or de-
designated the Oregon State Maritime Mu-
seum. The activities of the museum pertain- posits.
ing to its function as the Oregon State (B) Examples of archaeological site, de-
�' Maritime Museum may include, but are not scribed in subparagraph (A) of this paragraph
jl limited to, the following: include but are not limited to shipwrecks,
( (a) Extending and improving public ac- lithic quarries, house pit villages, camps,
cess to state and privately owned maritime burials, lithic scatters, homesteads and
i collections of historical, informational or townsites.
technical interest and any other maritime (d) "Indian tribe" has the meaning given
items or collection of maritime items that that term in ORS 97.740.
�i may be acquired in the future; (e) "Burial" means any natural or pre-
(b) Educating the public regarding Ore- pared physical location whether originally
goo's maritime history and involvement; and below, on or above the surface of the earth,
(c) Mounting special maritime exhibitions into which, as a part of a death rite or death
!1i from time to time. ceremony of a culture, human remains were
(2) The Department of Transportation is deposited.
yy(( responsible for state participation in the (0 "Funerary objects" means any arti-
i;l Columbia River Maritime Museum in the facts or objects that, as part of a death rite
same manner as the department is response- or ceremony of a culture, are reasonably be-
ll:, bee for other historical museums in the state lieved to have been placed with individual
under ORS 358.710 to 358.770. R981 c.480 §1: human remains either at the time of death
1991 x216§11 or later.
(g) "Human remains' means the physical
ii ARCHAEOLOGICAL remains of a human body, including, but not
OBJECTS AND SITES limited to, bones, teeth, hair, ashes or
358.905 Definitions for ORS 358.905 to mummified or otherwise preserved soft tis-
358.955; interpretation. (1) As used in ORS sues of an individual.
192.005, 192.501 to 192.505, 358.905 to 358.955 (h) "Object of cultural patrimony":
and 390.235: (A) Means an object having ongoing his-
(a) "Archaeological object" means an ob- torical, traditional or cultural importance
ject that: central to the native Indian group or culture
itself, rather than property owned by an in-
(A) Is at least 50 years old; dividual native Indian, and which. therefore,
(B) Comprises the physical record of an cannot be alienated, appropriated or con-
indigenous or other culture found in the veyed y an individual regardless of whether
state or waters of the state; and or not the individual is a member of the In
Is material remains of past human than tribe. The object shall have been con-
life or activity that are of archaeological sidered inalienable by the native Indian
t significance including, but not limited to, group at the time the object was separated
monuments, symbols, tools, facilities, techno- from such a-oup.
logical by-products and dietary by-products. (B) Does not mean unassociated arrow-
tool
"Site of archaeological significance" heads. adkets lets or
stone
stones tools portions of
means:
(A) Any archaeological site an, or chat- (i) "Police officer" has the meaning given
bee for inclusion on, the National Register that teen in ORS 181.610.
bl Historic Places as determined in writing (1) -Public lands" means any holds owned
by the State Historic Preservation Officer; by the Stine of Oregon, a city, county. dis-
or trict or municipal or public corporation to
(B) Any archaeological site that has been Oregon.
+ determined significant in writing by an In- (k1 "Sacn•d object" means an ai'c'ltaeolog
than tribe. teal object or )thcr object that:
fell;\1 Archaeological site means a e- \1 h dr r.mnetrahly revered he nnc eth
ographic localitw in Orel;on• including but nic :;roue. rrligiaus ,ruup nr lndian tribe as
not homed to subnuaged :tad suhnnasihle holy.
` Ill
I
MUSEUMS; HISTORICAL SOCIETIES, PROPERTIES 358.920
(I:) Is used in connection with the reli. (2) A person may not sell, purchase,
gious or spiritual service or worship of a trade barter or barter ang exchange r offer to sell,
drily or spirit power; or chaeological object that has been removed
(;) Was or is needed by traditional na from an archaeological site on public land or
Live Indian religious leaders for the practice .obtained from private land within the State
of traditional native Indian religion. of Oregon without the written permission of
(L) "State police" has the meaning given the landowner.
that term in OILS 181.010. (3)(a) A person may not sell, trade, barter
(2) The terms set forth in subsection or exchange or offer to sell, trade, barter or
(I)(e), (f), (g), (h) and (k) of this section shall exchange any archaeological object unless
he interpreted in the same manner as similar the person furnishes the purchaser a certif-
terms interpreted pursuant to 25 U.S.C. 3001 icate of origin to accompany the object that
et seq. [1983 c.620 ); 1993 c.459 §11 is being sold or offered. The certificate shall
358.910 Policy. The Legislative Assembly include:
hereby declares that: (A) For objects obtained from public land:
(1) Archaeological sites are acknowl- (i) A statement that the object was ori-
edged to be a finite, irreplaceable and ginally acquired before October 15, 1983.
nonrenewable cultural resource, and are an (ii) The location from which the object
intrinsic part of the cultural heritage of the was obtained and a brief cumulative de-
people of Oregon. As such, archaeological scription of how the object had come into the
sites and their contents located on public possession of the current owner in accor-
land are under the stewardship of the people dance with the provisions of ORS 192.005,
of Oregon to be protected and managed in 192.501 to 192.505, 273.990, 358.905 to 358.955
perpetuity by the state as a public trust. and 390.235.
(2) The State of Oregon shall preserve (iii) A statement that the object is not
and protect the cultural heritage of this state human remains, a funerary object, sacred
embodied in objects and sites that are of ar- object or object of cultural patrimony.
chaeological significance. [1983 c.620 §2; 1993 (B) For objects obtained from private
c.459 §21 land:
358.915 Application. The provisions of (i) A statement that the object is not hu-
ORS 192.005, 192.501 to 192.505, 273.990, man remains, a funerary object, sacred object
358.905 to 358.955 and 390.235 do not apply or object of cultural patrimony.
to a person who unintentionally discovers an J
archaeological object that has been exposed (ii) A copy of the written permission of
by the forces of nature on public land or the landowner to acquire the object.
private property and retains the object for (b) As used in this subsection, "certif-
personal use, except for sacred objects, hu- icate of origin" means a signed and notarized
man remains, funerary objects or objects of statement that meets the requirements of
cultural patrimony. [1963 c620 §15; 1993 c459 §31 paragraph (a) of this subsection.
358.920 Prohibited conduct. (1)(a) A (4)(a) If the archaeological object was
person may not knowingly and intentionally acquired after October 15, 1983, from public
excavate, injure, destroy or alter an archae- )ands, any object not described in paragraph
ological site or object or remove an archaeo- (b) of this subsection is under the
logical object located on public or private stewardship of the state and shall be deliv-
;, lands in Oregon unless that activity is au- ered to the Oregon State Museum of
thorized by a permit issued under ORS Anthropology. The museum shall work with
390.235. the appropriate Indian tribe and other inter-
(b) Collection of an arrowhead from the ested parties to develop appropriate curato-
surface of public or private land is permitted rial facilities for artifacts and other material
if collection can be accomplished without the records, photographs and documents relating
use of anv tool. to the culhval or historic properties in this
(c) It is prima facie evidence of a vio- state. Generally, artifacts shall be curated as
lotion of this section if: close to the communitc of their origin as
their proper care allows. If it is not feasible
(A) A person possesses the objects de- to curate artifacts within this state, the mu-
scribed in paragraph (a) of this subsection; seum may after consultation with the appro-
03) A person possesses anv tool that priate Indian tribe or tribes enter into
could he used to remove such objects from agreements with organizations outside this
the ground; and state to provide curatorial services; and
(C) A person does not possess a permit (b) If the object is human remains, a
required under ORS 390.235. funerary object, a sacred object or an object
1993-3()-4()',
I �
PARIS; RECREATION; WATERWAYS; TRAILS 390.235
(b) Disburse• :my moneys to local gov- 390.23'2 Tax on government cam pin6r
grnments or other state agencies under pro- and recreationppal vehicle spaces. If a local
grams established under state or federal law. gpl'ivatelp lolaneldtcnl mg orurec eationallver a tax
(2) Establish a master plan for each state hide spaces, the local government shall also
mark, including an assessment of resources im impose that tax on the rental of camping or
and a determination of the capacity for pub- P
recreational vehicle spaces that are owned
lic use and enjoyment of each ppark. that the by the state or a local government. [1993 c.819
State in its development p ned at e f of each 71
follow 1❑ Vote: 390.232 was enacted into law by the [part a-
I. park. (1979 c 637 §l: 1987 c158 §671 tine Assembly but was not added h ei made a part of
390.190 Revolving fund. (1) A revolving ORS chapter 390 or any se es therein by legislative
fund not to exceed the aggregate amount of action. See Preface to Oregon Revised Statutes for (ur-
`' $100,000 may be established within the State
Parks and Recreation Department Fund by a
warrant drawn on anv fund=_, other than (ArchaeologicMaterial)nd Historical
General Fund, appropriated to or authorized
for expenditure by the State Parks and Re- 390.235 Permits and conditions for ex-
creation Department. cavation or removal of archaeological or
(2) The fund shall be at the disposal of historical material. (1)(a) A person may not
the State Parks and Recreation Department excavate
ublic lands, make an archa ological sitetion
and may be used by the department: on public lands to determine the presence of
(a) To compensate employees for salaries, an archaeological site or remove from public
travel expenses, relocation expenses and lands any material of an archaeological, his-
other work-related expenditures, and torical, prehistorical or anthropological na-
b) To pay for services, supplies and ma- tare without first obtaining a permit issued
terials not to exceed $300 for any transac- by the State Parks and Recreation Depart-
tion. ment.
(3) All vouchers for claims paid from the (b) If a person who obtains a permit un-
revolving fund shall be approved by the State der this section intends to curate or arrange
Parks and Recreation Director. When claims for alternate curation of an archaeological
are so approved and audited. warrants cov- object that is uncovered during an archaeo-
ering them shall be drawn in favor of the di- logical investigation, the person must submit
rector and shall be used by the director to evidence to the State Historic Preservation
reimburse the fund. (1983 c443 §7; 1989 c.904 §141 Officer that the Oregon State Museum of
390210 [Formerly 366.355; 1971 c741 §37; 1987 c.158 Anthropology and the appropriate Indian {
§68; repealed by 1989 c.904 §481 tribe have approved the applicant's curato-
r;
390215 11979 c.792 F2; 1987 x153 §69: repealed by rial facilities.
1989 c.904 4481 (c) No permit shall be effective without
390220 [Formerly 358.520; repeated by 1989 c.904 the approval of the state agency or local ;
§481 governing body charged with management of
390.230 Fort Stevens Military Reser- the public land on which the excavation is
vation; Clatsop Spit. The right, title and to be made, and without the approval of the
interest of all state agencies, other than the appropriate Indian tribe.
State Fish and Wildlife Commission and pot- (d) The State Parks and Recreation Di- ;
itical subdivisions, in the lands described as rector, with the advice of the Oregon Indian I
follows are hereby vested in the State or tribes and Executive Officer of the Commis-
Oregon by and through its State Parks and sion on Indian Services, shall adopt rules
Recreation Department: governing the issuance of permits.
All of the lands, together with the (e) Disputes under paragraphs (b) and (c)
bons thereto tyro r westerly of the east this subsection shall be resolved in actor- y
accretions ( of
line of section 7, township 8 north, range 10 dance with ORS 390.240.
west, Willamette Meridian, Clatsop County,
State of Oregon, extending northerly to the (f) Before issuing a permit, the State
main channel o(' the Columbia River as it Parks and Recreation Director shall consult
existed on May 19, 1967, bounded on the with:
south by the south line of said section 7 ex- (A) The landowning or land managing i
tended westerly to the low water of the agency; and
Pacific Ocean; and hounded on the north by (11) If the archaeological site in question
the main channel of said Columbia River ex- is associated with a prehistoric or historic
tended downstream to the 1 acifi<: Oce% n native Indian culture:
11967 r 28H §§l, 21
1991-31-197
390.237 HIGHWAYS, ROADS, BRIDGES AND FERRIES
(i) The Commission an Indian Services; (A) Has as a member of its staff a quali-
tl and feed archaeologist; or
1•
R (ii) The most appropriate Indian tribe. (B) Contracts with a qualified archaeol-
) The State Parks and Recreation De- ogist who acts as a consultant to the entity
(2
( '
pertinent T may issue a permit under sub- and provides the entity with archaeological
expertise,
section (1) of this section under the following
circumstances: (b) "Qualified archaeologist" means a
(a) To a person conducting an excavation, person who has the following qualifications:
.4,.?
examination or gathering of such material (A) A postgraduate degree in archaeol-
for the benefit of a recognized scientific or ogy, anthropology, history, classics or other
educational institution with a view to pro- germane discipline with a specialization in
moting the knowledge of archaeology or archaeology, or a documented equivalency of
anthropology; such a degree;
(b)To a qualified archaeologist to salvage (B) Twelve weeks of supervised experi-
such material from unavoidable destruction; ence in basic archaeological field research,
or including both survey and excavation and
(c)-To a qualified archaeologist sponsored four weeks of laboratory analysis or
' by. a recognized institution of higher learn-
curating; and
ing,,pprivate firm or an Indian tribe as defined chaeolo Has eal studyas evidenced by a Master
!' in ORS 97.740. gi
(3) Any archaeological materials, with of Arts or Master of Science thesis, or report
the exception of Indian human remains, equivalent in scope and quality, dealing with
funeza. objects, sacred objects and objects archaeolog1cal field research. [Formerly 273.705;
..i ry.1 J ] objects c.459 §121
iI . of cultural patrimohy, recovered.by a person
granted a'permit under subsection (2) of this 390 237 Removal without permit;
section shall be under the stewardship of the exceptions. In addition to the provisions of
State of Oregon to be curated by the Oregon ORS 273.241 and 273.990 (2), if any individual
i State Museum of Anthropology unless: or institution excavates or removes from the
land designated in ORS 390.235 any materials
(a)'`.The Oregon State Museum of
Anthropology with the approval from the ap- of archaeological, historical, prehistorical or
propriate Indian tribe approves the alternate anthropological nature without obtaining the
curatorial facilities selected by the permittee; permit required in ORS 390.235, all materials
and collections removed from such lands,
?!' '(b),.The materials are made available for with the exception of native Indian human
nondestructive research by scholars; and remains, funerary goods, sacred objects and
ob ects of cultural patrimony, which shall go
(c)(A) The material is retained by a re-
directly cognized scientific, educational or Indian directly to the appropriate Indian tribe, are
tribal.institution for whose benefit a permit under the stewardship of the State of Oregon
issued under subsection (2)(a) of this and shall be assigned to the Oregon State
was
(tl. Museum of Anthropology with the expressed
;h. section; approval of the appropriate Indian tribe.
' (B) The State Board of Higher Education IPorn,ly 273.711; 1993 c.459 §131
I :. with the concurrence of the appropriate material In-
dian tribe grants approval for material to be
i curated.by an educational facility other than disputes; rules; panel membership. (1) The
the institution that collected the material following disputes shall be submitted to me-
'"" ursuant. to a permit issued under subsection diation and if mediation is not successful to
2)(a) of this section; or arbitration as described in this section:
(C) The sponsoring institution or firm (a) A dispute with regard to the issuance
kunder subsection (2)(c) of this section fur- of an archaeological permit under ORS
tll nishes the Oregon State Museum of 390.235; or
Anthro olo with a complete catalog of the
{ ; p (b) A dispute over the disposition of hu-
,� j material wit in six months after the material man skeletal remains or burial goods under
is collected. ORS 97.750.
Ili (4) The Ore ggon State Museum of (2) The State Parks and Recreation Com-
Anthreropermane t possessory rights in authority mission in consultation with the Dispute r
ject material to an a ro Hate Indian tribe. Resolution Commission and the governing
pp p bodies of the Oregon Indian tribes shall
li
(5) As used in this section: adopt rules to establish mediation and arbi-
(a) "Private firm" means an}' legal entity for appeal as de:cribedcin ORS 36.365Piovide .`
that:
199 -31-IR;i
CITY ATTORNEY
CITY OF ASHLAND
20 EAST MAIN STREET
(503) 482-3211, EXT. 59
MEMORANDUM
November 3, 1995
To: Mayor and City Council
From: Paul Nolte
Subject: Removal of Deferred Street Improvement Agreement from Lots 1-9
(Audubon Subdivision)
This matter came before the council at its last meeting (October 17, 1995). The council
decided to not take any action on the matter. After the meeting the developer's
representative met with me to explain that the condition contained in the subdivision
approval requiring that the developer sign in favor of future improvements to Orange
Avenue had been met and therefor the city should remove the encumbrance against
the property.
The two conditions placed on the subdivision approval by the planning commission
are as follows:
"2) That the applicant sign in favor of future improvements to Orange Avenue
prior to signature of the survey plat for Phase I.
3) That the CC&R's be amended as noted in the above findings, specifically in
regards to the Homeowner's responsibility for the maintenance and repair of the
culverted irrigation ditch and future street assessments for Orange Street and
the street stub to the adjacent property top (sic) the east. These amendments
to the CC&R's to be reviewed and approved by the Staff Advisor prior to the
signature of the final survey plat for Phase I." (Emphasis added.)
The CC&Rs for the subdivision have been recorded and require that the assessments
resulting from any local improvement district formed to improve Orange Street "shall
be an encumbrance upon, and the responsibility of the owners of, only lots 24, 25 and
26 . . . ." (Lots 24, 25, 26 front on Orange Street, no other lots in the subdivision do
so.)
It appears to me that the intent and purpose of the subdivision conditions have been
met by the developers and that the council should honor the request to remove this
encumbrance.
(v:Dlanninplaudubon.mem)
Aemorandum
�REGO,
October 12, 1995
II:. City council
�rom: Bill Molnar, Senior Planner
AUhjC& Removal of deferred street improvement agreement from lots 1-9(Audubon Sub.).
The owners/developers of the 26-lot Audubon Subdivision have requested that the deferred street
improvement ag wxoeM requiring participation in the cost of improvements to Orange Street,be removed
from the deeds of lot 1-9(Phase I).The agreement would remain on tax lot 600(see attadied mapj which
will ultimately be developed into the remaining phases II&III.The developers intend to eventually have the
agreement recorded only on the deeds of three lots in Phase III having frontage along the unimproved
section of Orange Street.
Approval of the request would not reduce the percentage of frontage signed in favor of future street
improvements.Consequently,the city's ability to form a local improvement district for frill street
improvements to Orange Street would not be impeded by taking this action.
MOUNTAIN VIEW DRIVE
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S/n_1 4^• SY/ / .<.�o��� 1°-11895) (P-11681) .9_ , .
RAY ATWOOD t1!.. i-J
365 Holly Street Ashland. Oregon 97520 (503) 482-8710 - —
October 18, 1995
To: Brian Almquist
From: Kay Atwood
Subject : Ashland City Government History Project .
Brian, I am delighted at your interest and support for the City
Government History project . As you requested I have prepared a
brief outline by phases, and am submitting it now in.advance of
your return to the office on October 23 , 1995 . I plan to attend
the November 7th City Council meeting where I will briefly
describe Phase I of the three year project to the council .
Phase I. An overview of major aspects of City of Ashland
governance from earliest years to present.
Incorporation
Powers of the mayors
Mayors, treasurer, city superintendent, city administrator
City Committees
Development of the City Council
Phase II. city Departments and City Buildings; a brief history of
individual departments and buildings.
Departments
Airport Library -
Cemeteries Parks and Recreation
Courts Planning
Electric Police
Engineering Public Works
Recorder
Fire
H Utilities
Hospital
Water
Buildings
Early city buildings/locations
City Hall
East Main Street Complex
Other
Phase III Manuscript Preparation/Photographs/Maps etc.
The product will be a succinct and readable history of city
government in Ashland in manuscript form with accompanying
documentation, appendices, photographs, maps etc .
�i J o 1995 �;+f
RAY ATWOOD J� �' � 1i1 �
lJ C3'[�
365 Holly Street Ashland, Oregon 97520 (503) 482
8714) ------
August 17, 1995
Brian Almguist, Administrator
City of Ashland
Ashland City Hall
Ashland, Oregon 97520
Dear Brian:
Thank you very much for your time on Wednesday. I am always glad
for an opportunity to see you and this was no exception. As you
suggested, I am submitting an estimate of the cost to prepare a
brief history of one city department -- perhaps eight to ten
pages or a little less . While I am sincerely interested in
writing an overview history of Ashland' s city government, your
idea of breaking the project into sections makes good sense . Do
you think the City Council would be interested in a project which
could be introduced for the 125th anniversary date? Regardless,
the project could not be workable without your support .
If I spend 35 hours on research and writing at $25 per hour the
amount would be $875 for one departmental history. (My regular
hourly fee is $35 per hour, but I would charge less for this non-
profit effort) . It might be efficient to do two or three at a
time -- especially ones that might be slightly overlapping such
as Engineering, Public Works, Water and Electric .
My original idea was that the entire city government history
project might cost $8, 000 to $9, 000 . (The amount is based on 20
hours of work per week ($25 per hour) for about four months) . I
realize that funding for such a project would have to be gathered
in a creative and appropriate way.
I am grateful for your kind interest and look forward to hearing
from you . I won' t forget about the "mayor project ! "
With all best wishes,
Kay wood
365 Holly Street
Ashland, Oregon 97520
' i
KAY ATWOOD
365 Holly Street Ashland, Oregon 97520 (503) 482-8714
August 16, 1995
Brian Almquist, Administrator
City of Ashland
Ashland City Hall
Ashland, Oregon 97520
Dear Brian:
During the past few months I have developed ideas for two
potential projects for the City of Ashland. Both would benefit
administration, individual departments and the public. I have
described them as Project I and II in brief outlines on the
following pages. . They are complementary undertakings and each
would logically support efficient completion of the other.
I appreciate your taking time to review the projects . Until we
had an opportunity to talk generally, I did not attempt to
specify the final results, schedule or costs . If you believe the
proposals have merit, perhaps we could consider them in greater
detail at a time convenient for you. My resume is attached.
Thank you for your consideration.
Sincerely,
Kay Atwood
365 Holly Street
Ashland, Oregon 97520
Project I. Overview of City of Ashland History
The first project consists of an overview of the governmental
history of Ashland. Intended for in-house use, the report would
consider several topics including:
1 . City governmental history in broad scope
2 . A brief history of elected offices (mayor, city council,
recorder and others)
3 . City structures including the early city offices, Ashland City
Hall, and the East Main Street complex.
4 . A short -- two to three pages each -- history of individual
departments including:
Airport Library
Administration Parks and Recreation
Cemeteries Planning
Courts Police
Electric Public Works
Engineering Recorder
Fire Utilities
Hospital Water
� j
Project II. Inventory of City of Ashland Departmental Archives
The second project would result in an inventory and description
of historic records held in each city department . These
materials might include ledgers, documents, maps, or photographs
located in various locations such as the City Hall vault, the
Recorder' s office, the Cemetery office, the Engineering office,
the Library, the Community Center and the Parks Department
basement .
Preparation of an inventory of each department' s holdings would
enable the City' s Administrator' s Office to evaluate which
records to retain and plan for their storage. An up-to-date
record of City archival holdings would also allow employees to
conveniently locate materials needed for research and
documentation. The final product would consist of the department
by department survey and recommendations for future organization
and care of archival materials .
1
-"._1
I
I
y
ARCHITECTURE � f
LAND PLANNING '--v-...
24 October 1995
Mayor and Council
Cityof Ashland
20 East Main Street
Ashland, OR 97520
RE: RELIEF FROM "NO-CUT" MORATORIUM ON NORTH MOUNTAIN
AVENUE
Honorable Mayor and Council,
This letter is written to request relief from the city's "no-cut' moratorium on
North Mountain Avenue. The moritorium is in place until July 27, 1999. On
19 September 1995 the final order was signed for the approval of a
subdivision and annexation for Tax Lot 3700, 39-1E-1066, see attached order.
This subdivision gains access from both Munson Drive to the east and North
Mountain Avenue to the west, see attached site/utility plan.
The applicants for this project (Neuman/Powers) are requesting this relief to
allow for a more efficient and cost effective method to provide sewer and
water hook ups. Other options are available; however, these solutions are not
a straight forward engineering solution and will cause additional expense.
This is an important consideration due to the project's 259 affordability
status.
This request to lift the no-cut moratorium is supported by the city's Fire, and
Public Works Water Departments, see enclosed letters. As stated in these
letters, the connections are important to the functioning of these services
regardless of the subdivision. This connection would be installed at no cost to
the city. Further, the street reconstruction will meet or exceed City of
Ashland standards for roadway design.
157 Morninglight Drive ♦ Ashland, OR 97520 ♦ Phone and Fax (503) 482-9193
We appreciate your consideration of this request and look forward to a
positive decision.
Sincerely,
Tom R. Giordano, Architect
Agent for the Project
Enclosures:
Public Works Water Department Letter
Fire Department Letter
Site/Utility Plan
Final Order
cc: Neuman
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0 INLET ' INLET
-_,l _ •. 157 MomingfigM'DIM
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nLartl33
UTILITY PLAN
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�' 010 30 50 '100'
BEFORE THE ASHLAND CITY COUNCIL
August 15, 1995
IN THE MATTER OF PLANNING ACTION #95-058, A REQUEST FOR )
ANNEXATION FOR APPROXIMATELY 7.96 ACRES LOCATED ON ) FINDINGS,
NORTH MOUNTAIN AVENUE AND THE WESTERLY EXTENSION OF ) CONCLUSIONS,
MUNSON DRIVE, AND OUTLINE PLAN APPROVAL.FOR A 43-LOT ) AND DECISION
SUBDIVISION. )
APPLICANTS: MARY POWERS/DOUG NEUMAN )
1. RECITALS:
1.1 Tax lot 3700 of 391E 10BB is located between North Mountain Avenue and
Munson Drive and.is zoned RR-5 (Rural Residential/Jackson County). Access to the
property is provided from two directions. Access from the west comes from North
Mountain Avenue,while access from the east comes from Munson Drive.
Additionally, the rear portions, 'approximately 50' in depth, of four adjoining
properties have been included.as part of the annexation. These tax lots are 600, 700,
800, and 900 of 39 1E.09AA. These have been included as part of the annexation
request in order to make the boundary extension more logical and avoid creating irregular
areas of land surrounded by incorporated lands.
1.2 The applicant is requesting annexation of approximately 7.96 acres of land,
with a zoning of R-1-5-P, and Outline Plan approval under the Performance Standards
Option for a 43-lot subdivision.
1.3 The Planning Commission,following proper public notice, held.a public hearing
on June 13, 1995, at which time testimony was received•and exhibits were presented.
The applicant and applicant's representatives appeared and participated in the hearing.
The Planning Commission found that the application for an annexation was supported by
substantial evidence in the record and recommended approval of.the request to the City
Council. Further,the Planning Commission found that outline plan for the subdivision was
also supported by substantial evidence in the record and recommended approval of that
request to the City Council.
1.4 The application was forwarded to the Ashland City Council The City Council,
following proper public notice, held a public hearing on August 15. At the hearing,
testimony was received and exhibits were presented. The record before the planning
commission was presented and received as evidence by the council.
1
2. CRITERIA
2.1 The approval of an annexation request is regulated by the Land Use
Ordinance (idle 18 of the Ashland Municipal Code (AMC)) in Chapter 18.108. Section
18.108.065.C. requires that the following criteria be met for approval of an annexation
request:
"1. That the land is within the City's Urban Growth Boundary.
2. That the proposed zoning and project are In conformance with the City's
Comprehensive Plan.
3. That the land is currently contiguous with the present City limits.
4. That adequate City facilities for water, sewer, paved access to and through
the development, electricity, urban storm drainage, and adequate transportation
can and will be provided to and through the subject property.
5. That a public need for additional land, as defined In the City's
Comprehensive Plan, can be demonstrated; or
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a. That the proposed lot or lots shall be residentially zoned under the
City's Comprehensive Plan and that the applicant has agreed to provide
25% of the proposed residential units at affordable levels, In accord with
the standards established by resolution of the Ashland City Council.
Such agreement to be filed as part of the initial application and
completed and accepted by all parties prior to the final adoption of the
ordinance annexing the property; or
b. That the proposed lot or lots will be zoned E-1 under the City's
Comprehensive Plan, and that the applicant will obtain Site Review
approval for an.outright permitted use, or special permitted use
concurrent with the annexation request or within one year of the
li annexation hearing and prior to the final adoption of the ordinance
annexing the property. Failure to obtain subsequent site review approval
shall Invalidate any previous annexation approval; or
C. That a current or probably public health hazard exists due to lack
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of full City sanitary sewer or water services, or
d. That the existing development in the County has inadequate water
or sanitary sewer service, or the service will become Inadequate within
one year, or
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e. That the area proposed for annexation has existing City of Ashland
water or sanitary sewer service extended, connected, and in use, and a
signed "consent to annexation"agreement has been filed and accepted
by the City of Ashland; or
f. That the lot or lots proposed for annexation are an °island°
completely surrounded by lands within the city limits.'
2.2 Section 18.108.065.0.5. requires that the applicant provide findings of a
public need for additional land, or provide evidence of compliance with one of the six
alternatives (a-f) listed. That applicant chose to comply with criterion a.
2.3 The approval of an Outline Plan Subdivision request is regulated by the
Land Use Ordinance (Title 18 of the Ashland Municipal Code (AMC)) in Chapter 18.88.
The Land Use Ordinance requires that the following criteria be met for approval of an
Outline Plan:
a) That the development meets all applicable ordinance requirements of the City of
Ashland.
b) That adequate key City facilities can be provided Including water, sewer, paved
access to and through the development, electricity, urban storm drainage, police and
fire protection and adequate transportation; and that the development will not cause a
Cily facility to operate beyond capacity.
c) That the existing and natural feature of the land; such as wetlands, floodplain
corridors, ponds, large trees, rock outcroppings, etc..., have been Identified in the plan
of the development and sign cant features have been Included in the open space,
common areas, and unbuildable areas.
d) That the development of the land will not prevent adjacent land from being
developed for the uses shown in the Comprehensive Plan.
e) That there are adequate provisions for the maintenance of open space and
common areas, If required or provided, and that If developments are done in phases
that the early phases have the same or higher ratio of amenities as proposed In the
entire project.
0 That the proposed density meets the base and bonus density standards
established under this chapter.
3. EXHIBITS. For the purposes of reference to these Findings, the attached index of
exhibits, data, and testimony will be used.
3
Staff Exhibits lettered with an "S"
Proponent's Exhibits, lettered with a "P"
Opponent's Exhibits, lettered with an "O"
Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M"
u
All Information presented to the City Council and included as exhibits are incorporated as
part of this decision and made a part of the record for this action.
TESTIMONY, EVIDENCE, AND FINDINGS
4. ANNEXATION REQUEST
4.1 That the land is within the City's Urban Growth Boundary. From the staff
report and review of the record before the planning commission we find that the
property proposed for annexation lies wholly within the City's urban growth boundary.
This fad was not disputed during the hearings.
4.2 That the proposed zoning and project are in conformance with the City's
Comprehensive Plan. From the staff report and review of the record before the
planning commission we find that the zoning proposed for the property for annexation
conforms with the City's comprehensive plan. The applicant's materials state that the
proposed zoning would be R-1-5 (Single Family Residential, 5000 sq. ft. minimum lot
l size). The comprehensive plan designation for this property is Single Family
q Residential. The applicant proposes to develop a single family subdivision in the future
for the property. Subdivisions are a permitted use in the R-1-5 zone. We find that the
development of the property as a single family subdivision would be an allowable use
I in the R-1-5 zone, and would be in conformance with the Comprehensive Plan.
4.3 That the land is currently contiguous with the present City limits. From
the staff report and review of the record before the planning commission, we find that
the property is proposed for annexation is currently contiguous with the present City
limits. This fad was not disputed during the hearings.
I
4.4 That adequate City facilities for water, sewer, paved access to and
through the developmen4 electricity, urban storm drainage, and adequate
transportation can and will be provided to and through the subject property. From the
q staff report and review of the record before the planning commission, and from review
6 of additional information submitted by the applicant to the City Council, we find that
there are adequate City facilities for water, sewer, paved access to and through the
development, electricity, and urban storm drainage. The Council finds that there is not
adequate evidence in the record to conclude that adequate transportation can and will
be provided to and through the subject property.
4.4.1 Water. The applicant provided evidence in their proposed findings
4
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of fact and conclusions, dated July 18, 1995, indicating that adequate water was
available for the proposed development of this property. The Council finds that
the arguments prepared by the applicant accurately reflect the availability of
water for this potential development and find that there are adequate facilities
for water for this annexation request.
4.4.2 Sewer. The applicant provided evidence in their proposed findings
of fact and conclusions, dated July 18, 1995, indicating that the current sewage
treatment facilities have adequate capacity for the development of this property.
The council finds that there is adequate sewage treatment capacity for this
development.
4.4.3 Paved Access. The applicant provided evidence in their proposed
findings of fact and conclusions, dated July 18, 1995, indicating that there is
adequate paved access to and through the subject property. All of the
proposed streets in the future development will be paved with sidewalks. The
Council finds that the applicant met the burden of proof for this criterion.
4.4.4 Electricity. The applicant provided evidence in their proposed
findings of fact and conclusions, indicating that there is adequate public utility
service to the property, including electricity. The Council finds that there is
adequate electricity to serve this property. This was not disputed during the
public hearing.
4.4.5 Storm Drainage. The applicant provided evidence in their
proposed findings of fact and conclusions, indicating that there is adequate
storm drainage for the proposed development of the property. The Council
finds this to be true. This fact was not disputed during the public hearing.
4.4.6 Adequate Transportation. The applicant provided evidence in their
proposed findings of fact and conclusions, indicating that there is adequate
transportation exists or can be made available for the.proposed development of
the property. The Council finds this to be true. This fact was not disputed
during the public hearing.
4.5 That a public need for additional land, as defined in the City's
Comprehensive Plan, can be demonstrated, or
a. That the proposed lot or lots shall be residentially zoned under the
City's Comprehensive Plan and that the applicant has agreed to provide
25% of the proposed residential units at affordable levels, in accord with
the standards established by resolution of the Ashland City Council.
Such agreement to be filed as part of the initial application and
completed and accepted by all parties prior to the final adoption of the
5
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ordinance annexing the property,
b. ...
C. ...
d. ...
e. ...
The-applicant chose, as part of its application, to meet this criterion through the
affordable housing option. The applicant provided evidence in their findings indicating
their compliance with the City's affordable housing requirements. The Council finds
that the application meets the criterion for need through the provision of affordable
housing.
5. OUTLINE PLAN REQUEST FOR 43-LOT SUBDIVISION
L II
The applicant prepared findings addressing the criteria for approval of an outline plan
for a subdivision. The Council finds that the applicant has met the burden of proof for
approval of an outline plan. The criteria for approval are as follows:
q
I a) That the development meets all applicable ordinance requirements of the City of
Ashland.
b) That adequate key City facilities can be provided including water, sewer, paved
access to and through the development, electricity, urban storm drainage, police and
fire protection and adequate transportation, and that the development will not cause a
City facility to operate beyond capacity.
c) That the existing and natural feature of the land, such as wetlands, floodplain
corridors, ponds, large trees, rock outcroppings, etc..., have been identified In the plan
of the development and signfcant features have been included In the open space,
! common areas, and unbuildable areas.
d) That the development of the land will not prevent adjacent land from being
developed for the uses shown In the Comprehensive Plan.
e) That there are adequate provisions for the maintenance of open space and
common areas, if required or provided, and that if developments are done in phases
that the early phases have the same or higher ratio of amenities as proposed in the
entire project
f) That the proposed density meets the base and bonus density standards
established under this chapter.
s
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8. DECISION
8.1 Based on evidence and testimony contained in the whole record, the City
Council finds that the application for an annexation meets the criteria for adequate
transportation as required in 18.108.065.0.4. The Council approves the request for
annexation, with the attached conditions.
8.2 Based on evidence and testimony contained in the whole record, the City
Council finds that the criteria for approval for Outline Plan approval for a 43-lot
subdivision has been mat The Council approves the request for subdivision approval,
with the attached conditions.
1) That all proposals of the applicant be conditions of approval unless otherwise
modified here.
2) That a public pedestrian/bicycle easement be shown on the final plan linking
the project site to the park property to the north, and that the surfaces of the
bicycle/pedestrian paths through the common areas be approved by the Bicycle
Commission.
3) That hydrant installation be done such that all homes are within 250 feet of a
hydrant having adequate flow. Required hydrants to be in and operational prior to
issuance of building permits for individual homes. All other requirements of the
Ashland Fire Department shall also be met.
4) That all easements for sewer, water, electric, and streets be indicated on the
final survey plat as required by the City of Ashland.
5) That the property owner enter into an agreement with the City of Ashland
guaranteeing that 25% of the units (11 units) comply with the resolution establishing
affordable housing income and purchased cost levels. Agreement to be recorded
prior to the adoption of the ordinance annexing the property.
6) That a boundary description and map be prepared by a registered land
surveyor prior to the adoption of the ordinance annexing the property. Such
description to include the rear portions of the adjoining properties included as part of
this annexation.
7) That full engineered construction drawings be provided for all streets, crossings
and utilities as part of Final Plan approval.
8) That a copy of the CC&R's indicating responsibility for maintenance of open
space and common areas be submitted at the time of Final Plan for review and
approval by the City of Ashland.
9) that the subdivision as a whole, sign in favor of a local improvement district for
future street improvements to North Mountain Avenue, including curb & gutter, storm
drainage facilities, and sidewalks.
10) That a site, size, and species specific landscaping plan for neighborhood open
q spaces, planting strips and riparian areas be submitted for review at the time of Final
Plan. Landscape plans to incorporate drought resistant plant species.
11) That the subdivision as a whole agree to participate in a fund for a signal at the
East Main and North Mountain intersection, based on a fair share cost assigned to the
development's traffic generation
APPROVED AND ADOPTED BY THE CITY COUNCIL ON SEPTEMBER 19, 1995.
Mayor
h
Attest-City Recorder
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,EVE,,
Ashland Fire Department
EEO�EC, �p EE EyE
455 SISKIYOU BOULEVARD
ASHLAND,OREGON
97520
FAX (503) 488-5318
(503)482-2770
October 4, 1995
Giordano & Associates
Architecture & Planning
157 Morninglight Drive
Ashland, Oregon 97520
Mr. Giordano,
This letter concerns the pending development of the 41-lot
Ashland Village Subdivision located between Munson Drive (to the
east) and North Mountain (to the west) . Currently Munson drive,
a fully developed subdivision, has a water line that terminates
at the end of the street. This design restricts flow when demand
increases or the flow is interrupted in the direction of the
source. As proposed the new subdivision would be similar in
design with its water source also coming from Munson Drive and
not interconnected with North Mountain Avenue or any other
current piping system.
This as proposed concerns the fire department who bases approval
of building permits on those sites meeting available fire flow
requirements. The Uniform Fire Code requires a minimum fire flow
of 750 gallons per minute for a 2 hour duration for most single
family residences. A nationally recognized minimum pressure for
fire hydrants is 20 pounds per square inch while discharging. A
system without the benefit of a grid arrangement of piping has a
more difficult time meeting these minimums.
The fire department strongly recommends the connection of Munson
Drive to the proposed Ashland Village Subdivision and North
Mountain Avenue. The connection will not only benefit the new
development but will also provide a more reliable fire flow for
the currently developed Munson Drive while eliminating dead-end
lines with potential sedimentation. Our department will work
with you to meet this end. Please feel free to contact our
office if you have any questions or concerns we can assist you
with.
Sincere ,
Don Paul, Fire Marshal
f i
CITY OF ASHLAND " CITY HALL
--
i ASHLAND.OREGON 87520
telephone(code 503)482-3211
October 18, 1995
Tom Giordano
Giordano & Associate
Architecture and Planning
157 Morninglight Drive
Ashland, OR 97520
Re: N. Moutain Ave. Street Cut
Dear Mr. Giordano,
This letter is in reponse to our telephone conversation regarding
endorsement for the cutting of asphalt on N. Mountain Avenue, for
the installation of water and sewer mains to your proposed
subdivision (T.L. 1OBB 3700) .
I had hoped that possiblly that water and sewer mains might have
q been stubbed out prior to any paving of that street. A check of
our files determined that nothing has been stubbed out, and we
had not received any requests to do so.
This section of N. Mountain Avenue does not come off the
U excavation moratorium until July 27, 1999. However to properly
serve your proposed project, I would endorse the cutting of the
pavement on this street for the installation of water and
sanitary sewer mains. The water main in particular needs to be
tied in at this point to provide a loop between N. Mountain
Avenue and Fordyce. Confining the water supply from Fordyce
Street would seriously marginalize the water available to this
project for fire suppression.
If I may be of any further assistance in this matter, please do
not hesitate to contact me. My telephone number is 488-=5353 .
d
Sincerely,
Dennis H. Barnts
Water Quality Superintendent
cc: Steve Hall
Don Paul
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City of Ashland
OFFICE Of THE MAYOR
- •- 20 E. Main 5treet A5hiand,OR 97520
CATHY GOLDEil
nnron
(503)9823211
November 3, 1995
TO: City Council Members t
FROM: Catherine M. Golden,Mayor' 1
RE: Emergency Medical Services Ordinance
The recently announced purchase of Ashland Life Support (ALS) by Mercy Flights of
Medford presents some unique challenges and an opportunity to define exactly what the
people of Ashland have come to expect in the way of ambulance service response.
Some of our citizens may not be aware that the County's Ambulance Service Area (ASA)
plan requires an eight (8) minute response time 90% of the time. Ashland Life Support was
under review by the County Health Department at the time the reported sale took place for
not meeting this standard.
Oregon State law allows municipalities to set a standard which may be higher than provided
in the County ASA plan. The City of Springfield adopted such an ordinance and requires a
4-minute response time 95% of the time for advanced life support. In cases of cardiac arrest,
treatment must be administered within 4-6 minutes or biological death occurs and restoration
of vital life functions cannot be accomplished.
This transfer of ownership reportedly will occur on January 1, 1996. It is, therefore,
appropriate for the citizens of Ashland, through their elected officials, to establish a standard
which will save lives and provide our citizens with the level of care they have traditionally
relied on. The Ordinance also keeps the decision making for this vital service in the hands of
local voters and taxpayers, where it clearly belongs.
(r.ALyoAEROid.m )
C. Ambulance O ep rator. An agency or person engaged in the business of furnishing
ambulance services.
D. Emergency. Any non-hospital occurrence or situation involving illness, injury or
disability requiring immediate medical or psychiatric services, wherein delay in the
provision of such services is likely to aggravate the condition or endanger personal
health or safety.
E. Emerae� ncv Medical Services (EMS). Those pre-hospital functions and services
which are required to prepare for and respond to emergencies, including fire
apparatus, ambulance(s), treatment, communications, evaluation, and public
education.
F. Emergency Medical Technician (EMT). A person defined in ORS 823.020.
G. Health Care Facility. A hospital, clinic, or extended care facility that regularly
provides medical or psychiatric care or services.
H. Person. Individuals, either male or female, partnerships, firms, corporations and
associations of every kind and their agents, servants or employees.
I. Pre-hospital Care. Care rendered by emergency medical technicians as an incident
of the operation of ambulances and care rendered by emergency medical technicians
as incidents of other public or private safety duties.
J. Response Time. The period of time from receipt of a call for EMS assistance until
the arrival of EMS providers.
6.40.020. License and Personnel Required. A. No person shall operate an ambulance
business within the corporate limits of the city without first obtaining a license for
operation.
B. No person shall operate a vehicle as an ambulance that is not equipped, operated,
and attended by the personnel as required by this chapter.
C. Notwithstanding subsections A and B of this section, any person operating an
ambulance business within the corporate limits of the city on the date this ordinance is
enacted shall have until December 31, 1995 to comply with this chapter.
6.40.030 Exempt Persons and Activities. The provisions of this chapter do not apply
to:
A. Ambulances owned by or operated under the control of the United States
Government.
B. Vehicles being used to render temporary assistance to licensed ambulance
operators in case of a public catastrophe or emergency with which the licensed
PAGE 2-ORDINANCE (v:«aja�3.a.dl
1
ORDINANCE
NO.
AN ORDINANCE ADDING CHAPTER 6.40 TO THE ASHLAND
MUNICIPAL CODE TO ESTABLISH STANDARDS FOR EMERGENCY
MEDICAL SERVICES AND DECLARING AN EMERGENCY
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The following Chapter 6.40 is added to the Ashland Municipal Code:
Chapter 6.40
EMERGENCY MEDICAL SERVICES
h Sections:
6.40.010 Definitions.
6.40.020 License and Personnel Required.
6.40.030 Exempt Persons and Activities.
U 6.40.040 Minimum Ambulance and Equipment.Standards.
6.40.050 Minimum Levels of Training and Staffing.
6.40.060 Minimum Response Times and Minimum Levels of Care.
6.40.070 Procedures for Monitoring Performance.
6.40.080 Administration; Powers of City Administrator or Designee.
6.40.100 License Requirements.
6.40.110 Application for License.
i 6.40.120 Review and Investigation of Application.
6.40.130 Issuance of License.
I 6.40.140 License Term and Renewal.
II 6.40.150 Revocation or Suspension of License.
6.40.160 Abatement of Violations.
6.40.170 Prohibited Activities.
6.40.180 Penalties.
6.40.190 Severability.
6.40.010 Definitions. The following words and phrases as used in this chapter shall
have the following meanings:
A. Ambulance. Any privately or publicly owned motor vehicle that is regularly provided
or offered to be provided for the emergency transportation of persons suffering from
illness, injury or disability.
B. Ambulance service. Any person, governmental unit, corporation, partnership, sole
proprietorship or other entity that operates ambulances and that holds itself out as
providing pre-hospital care or medical transportation to sick, injured or disabled
persons.
q PAGE 1-ORDINANCE (p:md%b a.wa)
V
7
ambulances of the city are unable to cope, or when directed to be used to render
temporary assistance by a public official at the scene of an accident.
C. Vehicles operated solely on private property or within the confines of institutional
grounds, whether or not the incidental crossing of any public street serving the
property or grounds is involved.
D. Vehicles operating from a business location, office or headquarters outside the city,
that are transporting a patient from an area outside the city to a health care facility
within the city, or vehicles which are passing through without destination in the city.
6.40.040 Minimum Ambulance and Equipment Standards.
A. Ambulances shall be of the federal ambulance specification KKK 1822-A types 1, 2
or 3.
B. Each ambulance shall contain, in addition to the equipment standards set by the
State of Oregon, the following equipment: pediatric defibrillator paddles (1 set),
pediatric laryngoscope (size 1 with straight blade), adult laryngoscope with straight
and curved blades - all laryngoscope handles and blades shall be made of chrome or
stainless steel, firm extrication collars (3 sets, one each of size small, medium and
large), (2) Kendrick extrication devices or equivalent - short or half spine boards are
not acceptable.
C. All ambulances proposed to be used by the ambulance operator shall be presented
to the city administrator or designee for inspection within fifteen days of the date of
application. All new or replacement ambulances shall also be presented for inspection
prior to use.
D. All ambulances shall be maintained according to the manufacturer's
recommendations. Complete maintenance records shall be maintained and made
available to the city upon request.
E. Each ambulance shall be housed in a heated and secure garage provided that no
ambulance shall be housed at the Ashland Municipal Airport. Crew quarters shall
conform to the standards set forth in the specialty codes defined in chapter 15.04 for
residential occupancies (dwellings). .
F. Ambulance operators shall maintain a patient care record for each patient
transported. Each record shall include the following information:
1. Name of patient.
2. Time of dispatch.
3. Time enroute.
4. Time of arrival at-incident.
5. Time of departure from incident.
6. Time of arrival at hospital.
PAGE 3-ORDINANCE iv: «Ka.�ai
7. Time ambulance becomes available for service.
8. Names and certification levels of attending emergency medical technicians.
9. Beginning and ending mileage of each response.
10. Point of dispatch.
11. Unit number.
12. Incident address.
13. Description of injuries and/or care provided.
6.40.050 Minimum Levels of Training and Staffing. A. Each ambulance shall be staffed
by at least two Oregon State Certified EMTs, one state certified at or above EMT B'
and one state certified at EMT P training level.
B. The EMT P shall be in attendance of the patient in the patient compartment of the
ambulance when transporting patients to a health care facility.
C. When an ambulance is operating as a neonatal intensive care unit transporting a
patient, at least one Oregon State Certified EMT at or above the EMT B level shall be
in attendance in the vehicle. In addition, the appropriate hospital shall furnish the
medical team who attends the patient. If no medical team is furnished, the vehicle
shall be operated as an ambulance vehicle only.
q
D. All EMTs shall adhere to the continuing education requirements as set forth by the
State of Oregon. Each EMT P shall be currently certified by the American Heart
Association as provider of advanced cardiac life support.
6.40.060 Minimum Response Times'and Minimum Levels of Care. A. The ambulance
operator shall have an ambulance response time within four minutes or less 95% of
the time for emergencies determined to require advanced fife support care and eight
minutes or less 95% of the time for emergencies determined to require basic fife
support care.
q B. Ambulance operators and their employees shall comply with all procedures and
protocols outlined in the Jackson County EMS Standing Orders for this area.
6.40.070. Procedures for Monitorinc Performance. A. The ambulance operator shall
provide regular field evaluations of EMTs employed by the operator. The field
evaluations shall be done no less than bi-annually. The evaluation form shall be
approved by the city administrator or designee. Records of the evaluation shall be
maintained and stored. The city shall have access to any and all field evaluations
upon request.
B. The response time for all emergency calls shall be compiled monthly by the
ambulance operator. The compilation shall be submitted to the city by the last day of
the first week of the month following the report month. All emergency response time
over four minutes for emergencies determined to require advanced life support care
and eight minutes for emergencies determined to require basic life support care shall
PAGE 4-ORDINANCE ,P:wdAen to d,
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be listed separately. The report shall give the point of dispatch of the first response
vehicle and/or ambulance, and the location of the incident.
C. A copy of any written complaint by citizens concerning pre-hospital care or billing of
an ambulance operator shall be delivered to the city administrator by the operator
where it is to be kept on file. The city administrator shall have the authority to take
such action as may be necessary to resolve the complaint if such action is in
accordance with the provisions of this chapter. The city administrator may also forward
copies of the complaint to the council together with a recommendation for corrective
action to be taken by the council.
6.40.080 Administration: Powers of City Administrator or Designee. A. The city
administrator shall have the authority to take action concerning licenses in accordance
with the provisions of this chapter.
B. The city administrator, or persons designated by the city administrator in writing,
shall have the authority to:
1. Audit records to assure conformance with this chapter.
2. Require production of relevant documents.
3. Perform all other acts necessary to enforce the provisions of this chapter.
6.40.100 License Requirements. Each ambulance operator shall:
A. Conform with the standards, requirements, and maintenance provisions stated in
the rules adopted by the State Health Division, the Jackson County Ambulance Service
Plan and this chapter. Whenever the requirements of this chapter require more than
the division rules or the county plan, the chapter requirements shall be followed.
B. Maintain on file with the city administrator, a current list of fees charged for
rendering service.
C. Maintain on file with the city administrator, a current copy of the name and
certificate of each emergency medical technician employed by the ambulance
operator.
D. Maintain and make available, upon request of the city administrator, all records
required by this chapter.
E. Employ only emergency medical technicians who are certified by the State Health
Division.
F. Enlist the services of a physician advisor who shall be a resident of or actively .
practicing in the city.
G. Make available, upon request, written information to the public concerning rate
information.
PAGE 5-ORDINANCE jp:wa\a 3.na)
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H. Meet the response times and minimum levels of care required by this chapter
I. Render emergency medical services 24 hours a day, seven days a week. Pre-
hospital medical services and ambulance transportation shall be available to all
persons in the service area without regard to race, color, religion, marital status, age,
national origin, sex, sexual orientation, disability or ability to pay.
J. Serve a reasonable and logical service area.
K. Submit to the city, upon approval of license, proof of all insurance required by this
chapter.
L Submit to the city, upon application for license, proof of all performance bonds
required this chapter.
M. Notify the city within 10 days of any change in material information contained in the
application, related materials, or license.
i
6.40.110 Application for License. A. Any person desiring to obtain an ambulance
operator license shall apply upon forms available from the city recorder. Each
application shall be accompanied by a surety bond in the amount provided in this
chapter. The application shall include the following information:
1. The name of the applicant and trade name, if any, under which the applicant
intends to conduct the business; or if it is a corporation, its name, date and place of
incorporation, address of its principal place of business and the names of its principal
officers, together with their respective residence addresses; or if a partnership,
association or unincorporated company, the names of the partners, or of the persons
I comprising such association or company, and the business and residence address of
each partner or person.
2. A description of each ambulance or other vehicle used, or proposed to be
used, by the applicant, with the name of the manufacturer, engine and serial numbers,
j state motor vehicle license number, together with a certification that each ambulance is
adequate and safe for the purposes for which it is to be used and that it is equipped
as required by this chapter and the laws of the state of Oregon.
3. The address and description of the premises at and from which it is
proposed to maintain and operate such ambulances.
4. Information showing that every proposed driver, attendant, and driver-
" attendant is qualified as required in this chapter and as required by the laws of the
state of Oregon.
5. The applicant shall furnish such additional information as the city may
require.
6. Upon application for an ambulance operator's license, applicant shall furnish
the city with a good and sufficient cash bond or surety bond in the sum of.
$500,000.00 which shall be continued in effect during the period that such ambulance
operator shall do business in the city. The bond shall be given as a guarantee that
the ambulance operator will furnish and maintain ambulance service from the date of
. q
PAGE 6-ORDINANCE Wordlm 3.urd)
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obtaining a city license without interruption of service, except that by giving 180 days'
notice to the city, such ambulance operator shall be authorized to discontinue service
without penalty. If, for any reason, the licensed ambulance operator shall cease
operations or discontinue business for any reason whatsoever, voluntarily or
involuntarily, without giving the notice herein required, such cash bond or surety bond
shall be forfeited to the city.
7. No ambulance operator's license shall be issued unless there is also on file
with the city an insurance policy approved by the city administrator, whereby the
owner and driver of each of the vehicles described in this license are insured against
liability for damage to property and for injury to, or death of, any person resulting from
the ownership, operation, or other use thereof. This policy shall be in the sum of not
less than $500,000.00 for property damages, personal injuries to, or death of persons
in any single accident.
a. The insurance policy shall contain an endorsement providing that this
policy of insurance will not be cancelled until notice in writing shall have been received
by the city administrator at least thirty days prior to the time such cancellation shall
become effective.
b. The insurance policy must be issued by a company authorized to do
business in the State of Oregon. This policy shall further provide that there shall be a
continuing liability thereon, notwithstanding any recovery on this policy. If, at any time,
this insurance policy shall be cancelled by the company issuing the same, or the
authority of the company to do business in the state of Oregon shall be revoked, the
certificate holder shall replace the policy with another policy approved by the city
administrator.
B. The initial license fee and each yearly renewal thereafter shall be $300 for an
Ambulance Operator's License plus $100 per ambulance providing emergency medical
services to the city. Changes in the amount of these fees may be made by resolution
of the council.
6.40.120 Review and Investigation of Application. A. Within fifteen days after receipt of
an application, the city administrator or designee may inspect and test all vehicles and
equipment and inspect all proposed vehicle location sites and crew quarters.
B. The city administrator or designee shall determine the applicant has complied with
the laws of the state of Oregon and provisions of this chapter and report such
determination to the council.
6.40.130 Issuance of License. The council may issue a license upon finding that the
applicant has met all requirements of this chapter.
6.40.140 License Term and Renewal. A. A license shall be valid from the date of
issuance to the next following thirtieth day of June and shall be renewable annually for
a term of one year, commencing on the first day of July.
PAGE 7-ORDINANCE (v:wd%� 3.aa)
I
B. An application for renewal of an annual license shall be submitted to the city at least
thirty days prior to its expiration date and shall be accompanied by the appropriate
fees and other required documents.
C. The ambulance operator shall provide 180 days written notice to the city
administrator prior to terminating service.
6.40.150 Revocation or Suspension of License. A. Except as provided in section
6.40.160.B.3, before any license is suspended or revoked, notice and hearing shall be
provided in accordance with this section. An ambulance operator shall be afforded
opportunity for hearing after reasonable notice, served personally or by registered or
certified mail. A hearing shall be held by the council if the operator requests a hearing
within ten days of receipt of the notice. The notice shall include:
1. A statement of the operator's right to hearing, or a statement of the
time and place of the hearing.
2. A statement of the authority and jurisdiction under which the hearing is
to be held.
3. A reference to the particular sections of this chapter involved; and
4. A short and plain statement of the matters asserted or charged.
Ij B. The council, if the matter is heard by the council, or the city administrator, if no
hearing is held, may revoke or suspend a license upon finding that an ambulance
operator fails to meet the requirements of this chapter or is doing business in violation
of this chapter or applicable federal, state, or county laws, ordinances, rules or
regulations.
C. Any person whose license has been denied or revoked may, after thirty days from
the date of denial or suspension, apply for a license upon payment of an application
fee in the amount of the annual license fee, which shall not be credited to the
applicant's annual license fee.
D. Any person whose license has been denied or revoked for a total of two times
within one year, or who has a combined total of four denials or revocations shall be
disqualified from applying for a license for a period of two years from the date of the
last revocation or denial.
i�
6.40.160 Abatement of Violations. A. Upon finding that a violation of this chapter, or
applicable federal, state, city, or county laws, ordinances, rules or regulations has
occurred, the city administrator shall provide written notice to the ambulance operator
of the violation and demand that the violation be corrected within a reasonable time as
specified in the notice.
PAGE 8-ORDINANCE 1p:«m�3.«d)
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B. In the event of a notice under subsection A of this section:
1. The ambulance operator shall notify the city when corrective action has been
taken, and the city shall then cause an inspection to be made to determine
compliance.
2. If the ambulance operator fails to take corrective action within the time
required, the city may take action under section 6.40.150 to revoke or suspend the
license.
3. If the city administrator finds that the violation constitutes an-immediate
danger to the public health and safety, the administrator may, by administrative order,
direct the immediate cessation of activities under the license pending a hearing. The
hearing shall be held as provided in section 6.40.150.
6.40.170 Prohibited Activities. No ambulance operator or ambulance operator's
employee shall:
A. Make a false statement of a material fact, or omit disclosure of a material fact, in an
application for a license.
B. Charge for services not performed, make duplicate charges for the same service, or
charge rates exceeding those on file with the city administrator.
C. Perform services of an emergency medical technician or emergency medical
technician trainee unless authorized by state law..
D. Fail or refuse to promptly advise the Ashland 911 Center of receipt of a request for
emergency medical assistance or when an ambulance becomes available or
nonavailable to respond to dispatch orders.
E. Fail or refuse to respond to a dispatch order from the dispatch office when the
ambulance subject to the call is available for service.
F. Falsify, deface or obliterate any license or certificate required under this chapter.
G. Violate any federal, state, or county law, or any other city ordinance.
6.40.180 Penalties. A. In addition to any other procedures and remedies provided by
law, any person violating any section within this chapter shall be guilty of a infraction
as set forth in section 1.08.020 except that the penalty shall be a fine not to exceed
$1,000.
B. Each and every day during any portion of which a violation any section of this
chapter is committed, continued or permitted by any such person, is a separate
violation subject to a separate fine of $1,000 and such person shall be punished
accordingly.
PAGE 9-ORDINANCE Jo:oMJ�3.o,m
6.40.190 Severability. Should any section, paragraph, sentence or word of this
chapter be declared for any reason to be invalid, it is the intent of the City of Ashland
that all other portions remain in effect.
Q
SECTION 2. Inasmuch as it is necessary to ensure that the provision of emergency
services is delivered in a consistent, timely and superior method, it is deemed
necessary for the public peace, health, and safety of the citizens of the City of Ashland
that an emergency be declared to exist, and this ordinance shall be in full force and
effect from and after its passage by the Council and approval by the Mayor.
The foregoing ordinance was first READ on the day of , 1995,
and duly PASSED and ADOPTED this day of 1995.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of 1995.
Catherine M. Golden, Mayor
iApproved as to form:
Paul Nolte, City Attorney
PAGE 10-ORDINANCE
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In total quality management, everything is viewed as a process. In light of
the increasing medical costs and the need to limit unnecessary procedures a
critical non-emotional evaluation of current practices must be followed. The
following five-step process for adding or changing current standards is
suggested; &wMAO 'tk �p(
♦ Step 1 - Is there a theoretical basis for the proposed change? In theory,
one would assume the quicker a injured or ill person receives medical care and transport
the higher the chance of survival for that person. However this proposal does not affect
the arrival of medical care in that the advanced life support first responder reports
arrival times of under three minutes within the city. Secondly, the speed at which a
transport service can depart for the hospital is dependent on the patient's condition and
the situation encountered while treating the patient. Normal on scene times range from
10 to 20 minutes before a patient is ready to be transported. When managed in a
cooperative manner, the first responder usually has the patient ready for transport 3 to 5
minutes after the arrival of the transporting ambulance. Only if there is no first
responder would there theoretically be an decrease in overall time for a patient to arrive
at a hospital by requiring a response time decrease of four minutes.
♦ Step 2 - Is there solid human scientific research available to support this
change? There is currently no research that has looked only at ambulance arrival times
as an indicator of survivability. This type of research is impractical in that most EMS
systems are integrated systems utilizing both first responders and ambulances. Current
response times are based on early cardiac resuscitation research which showed
significant increased survivability when cardiac arrest patients received basic life
support within 4 minutes and advanced life support interventions within 8 minutes.
The current system in Ashland provides advanced life support intervention within 3 .
minutes. Additionally,current research indicates that cardiac arrest patients not
resuscitated prior to transport have a minimal survivability chance if transported.
♦ Step 3 - Is the proposed change clinically important? In light of the absence
of research indicating otherwise,it is unlikely a 4 minute decrease in ambulance arrival
will have significant affect on patient treatment or the time of patient arrival at the
hospital. This is based upon the current arrangement of rapid advanced life support
first response and the subsequent arrival of the transporting ambulance.
♦ Step 4 - Is it practical, affordable and safe? This proposal is not practical in
design or affordable in monetary costs to the citizens and the EMS system. Even if
current services were provided in a different format, this proposal would not change the
working structure or timelines of an event. This proposal would eventually lead to a 50
to 75% increase in user fees or taxes in order to offset the costs associated with
increased personnel and equipment. While it is clear that an 8 minute advanced life
support standard in urban areas is desirable, an even lower standard is not necessarily
better for the EMS system. The financial resources usually are not available in many
communities to achieve a lower standard. The costs associated with a lower standard
can be extreme and funds may be best allocated to some other component of the system
that needs improvement. In urban systems in which the first responders are at the
advanced life support level, it makes economic and clinical sense to increase the
ambulance transportation response time standard to 9 or 10 minutes.
♦ Step 5 - If the intended change successfully stands up to scrutiny under
the preceding four steps, then make the change and carefully monitor the
impact of the change on the system. The proposed decrease in the response
time criteria does not qualify for implementation based on the evaluation. If first
response services were discontinued, the value of the proposed change may be
different. The implementation of advanced life support first response would still be the
most appropriate action even if provided in a different format.
. Applicable Statutes and Rules
ORS 823.180 County plan for ambulance and emergency medical services.
(1) Each county shall develop a plan for the county or two or more contiguous counties
may develop a plan relating to the need for and coordination of ambulance services and
establish one or more ambulance service areas consistent with the plan for efficient and
effective provision of ambulance services.
ORS 823.220 Authority to enact local ordinances regulating ambulances
and emergency medical technicians.
(1) As used in this section, "political Subdivision"includes counties, cities,districts,
authorities, and other public corporations and entities organized and existing under statute
or charter.
(2) An ordinance of any political subdivision regulating ambulance services or emergency
medical technicians shall not require less than is required under ORS 820.300 to 820.380,
or this chapter or the rules adopted by the division under this chapter.
(3) When a political subdivision enacts an ordinance regulating ambulance services or
emergency medical technicians, the ordinance must comply with the county plan for
ambulance services and ambulance service areas adopted under ORS 823.180 by the
county in which the political subdivision is situated and with the rules of the Health
Division relating to such services and service areas. The determination of whether the
ordinance is in compliance with the county plan shall be made by the county governing
body.
County of Jackson, Ordinance 91-6 Establishing ambulance service areas
and repealing ordinance 84-15.
MERCY FLIGHTS FACT SHEET
Mercy Flights Inc. was founded In 1949 as the first "non-profit" air
ambulance company in the United States. Because of our dedication to
saving lives the company was granted permission by the American Red
Cross in the 1950's to use the patented "Red Cross" symbol on our
aircraft.
The company is rapidly approaching the movement of 11,000 patients by
air.
The company entered into the ground ambulance business in 1992 to put
together a comprehensive emergency transportation package for the
people in Jackson County and to try to hold the cost of emergency
transportation down under our non profit status.
Mercy Flights Is a non-profit organization dedicated to quality of patient
care and service to community.
Mercy Flights was selected by the State Health Department, Emergency
Services Division, in 1994 for the "Commitment To Quality Award." This
award is given to the company most commited to quality of patient care
and service to community.
The Medford chamber of commerce recognized Mercy Flights in 1994
with the award of the "Company Growth Award For 1994." This award was
based on dedication to community service, quality of service to
community and quality of Internal growth.
Mercy Flights responds to over 10,000 calls per year and has always had
an "outstanding" response time rating. The company has "never" failed to
meet both state and county response time criteria.
Mercy Flights has one of the most recognized Internal training programs
In the state. Our paramedics are among the most highly trained in this
country. The Chief of the State Health, Emergency Services Division,
stated at the State EMS conference, that Mercy Flights sets the standard
for the state with continuing education.
Mercy Flights staffs only quality, state-of-the-art ambulances, with the
most up-to-date medical support equipment and medical supplies.
Mercy Flights membership has now reached nearly 50,000 people
covered.
Combined membership now provides coverage for ground ambulance
transport, wheelchair transport, and fixed-wing / helicopter transport.
Our membership prevents people from paying any out-of-pocket
expenses for any medically necessary or emergency transport.
Our membership offers a discount to members for "convenience"
transports, Insurance company denial or non insured persons.
Our membership revenue, as a non profit, allows us to hold the cost of
service down.
The county commissioners set our "rate.structure" and assign us our
service areas, therefore constantly monitoring our response time
compliance as well as patient care quality.
Mercy Flights provides "FREE" fire department rehabilitation on all
structural fires for departments having mutual aid agreements.
Mercy Flights Is known throughout the county for its involvement in
community activities and training.
Mercy Flights has contracts In place for the movement of veterans,
neonatal infants, testing patients, hospice patients, wheelchair bound
patients and Interfacility patients, all at drastically reduced rates.
Mercy Flights works hand-in-hand with other county and city fire
agencies to provide better response to rural and frontier area residents.
We work closely with city fire departments to provide the absolute best
response and care to urban residents.
MERCY FLIGHTS INVITES THE MAYOR OF ASHLAND, ASHLAND CITY
COUNCIL MEMBERS, ASHLAND RESIDENTS OR ANYONE ELSE TO
TALK WITH THE COUNTY- COMMISSIONERS, COUNTY HEALTH
DIVISION OR STATE HEALTH DIVISION AND ASK THEM ABOUT OUR
COMPANY'S DEDICATION TO QUALITY OF PATIENT CARE AND
SERVICE TO COMMUNITY. ASK THEM ABOUT OUR REPUTATION I
WE INVITE YOU ALL TO VISIT OUR COMPANY, LOOK AT OUR
FACILITIES, PERSONNEL, AMBULANCES, AIRPLANES, HELICOPTER,
RECORD OF RESPONSE AND PATIENT CARE, MANAGEMENT.
AND, LAST I WOULD INVITE THE MAYOR OR COUNCIL MEMBERS TO
ATTEND ONE OF OUR BOARD MEETINGS, TALK TO OUR BOARD
MEMBERS, ASK ANY QUESTIONS YOU HAVE, SEE THE OPPORTUNITY
TO BRING ONE OF THE FINEST PROVIDERS IN THE COUNTRY TO THE
CITIZENS OF ASHLAND.
EPIC SOFTWRRE SYSTEMS INC Fax : 541-899-7428 Nov 07 15:44
7
November 7, 1995
Memorandum
To: Mayor Kathy Golden and the Ashland City Council
From: Earl Showerman, M.D.
Emergency Physician, Providence Medford Medical Center
Member, Oregon State EMS Committee
Supervising Physician, North Jackson County EMS
As supervising physician for Mercy Flights and a number of other EMS
providers in north Jackson county, I want to make it clear that the
medical services provided by Mercy Flights has historically been truly
superb, unsurpassed by any other EMS provider in the state. My opinion
of Mercy's capability drives from practicing emergency medicine in the
Rogue Valley, for over 20 years and from serving as a supervising
physician to a number of local EMS agencies for many of those years.
The quality of prehospital emergency services in our valley has evolved
at an astonishing rate during the my years here. Mercy Flights, Ashland
Life Support, and many of our local fire districts have been at the
forefront of this process . Without exception I have found the paramedics
and other EMT's in our system to be exceptional in their dedication to
their work and their desire to improve their performance. They are among
the most resourceful and honest people you could ever hope to serve a
community. '
Our treatment protocols are among the most advanced in the country,
including the use of external pacemakers and emergency airway procedures
that :are only available in a small percentage of systems . There has also
been careful coordination in recent years of our standing orders and EMS
policies so that the north and south county systems are operating under
the same policies . The spirit of cooperation between first responder and
transporting agencies has also been noteworthy; I base this on the
knowledge gained from reviewing thousands of run sheets and hospital
records during these years.
Mercy Flights was recognized just last year by the Oregon State Health
Division for its commitment to quality services . It has also begun to
provide appropriate helicopter medical evacuation services for the valley
within the last year. This is an organization that is both dynamic and
totally committed to doing the beat job mandated by medical necessity and
legislated guidelines .
The proposed measure to reduce by half the response times for ambulances
in Ashland is an unnecessary and punitive reaction to the proposed
transfer of the south county ambulance service area from Ashland Life
Support to Mercy Flights. If anything this transfer will provide improved
EMS coverage for Ashland by immediately doubling the number of available ,
transporting ambulances in the vicinity. If Ashland Fire Department is
prepared to assume patient transport responsibilities, it can do so
through the ASA application process beginning next year. Thank you for
your consideration.
CITY ATTORNEY
CITY OF ASHLAND
20 EAST MAIN STREET
(503) 482-3211, EXT. 59
MEMORANDUM
November 3, 1995
To: Mayor and City Council
From: Paul Nolte
Subject: Attached Resolution "DEFINING CLASSIFICATIONS OF USES AND
OCCUPANCIES FOR PURPOSES OF WATER AND SEWER RATES"
This resolution results from a request by the council approximately a year ago to
formalize the definitions the city has used for years in determining its rate
classifications for water and sewer. The council made the request after a bed and
breakfast owner appeared at a council meeting to protest why his bed and breakfast
business was classified as commercial. The resolution does not change the status quo
and will have no effect on the manner in which the city now classifies uses and
occupancies. The resolution merely puts into written form the definitions the city has
used in the past and continues to use.
Attachment
(p:crd\rate-det.mem(
RESOLUTION NO. 95-
A RESOLUTION DEFINING CLASSIFICATIONS OF USES AND
OCCUPANCIES FOR PURPOSES OF WATER AND SEWER RATES
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. Water rates and sewer rates are established upon the use and
occupancy of the structure or property served. The following terms, when used in
resolutions establishing rates for water or for sewer, have the following meanings,
unless specifically indicated otherwise:
"Single Family Residential" means service furnished to a living unit that is
separately metered and is primarily used for domestic purposes. It includes any
second service determined to be domestic use and billed on the same residential
account, and common use facilities or open space associated with those structures.
It also includes a group home meeting the definition in the land use ordinance served
with a single meter where not more than five private sleeping rooms exist for use by
other than members of the customer's family. A living unit used jointly for both
domestic and business purposes shall be considered residential if it meets the
requirements for a home occupation under the land use ordinance. It excludes
dwellings where tenancy is typically of a transient nature such as motels, bed and
breakfast or traveler's accommodations, and lodges.
"Multi-family residential" means a structure or structures with two or more
separated living units served through a master meter, and common use facilities
associated with such structure. It includes condominiums (unless each condominium
is served through a separate meter), apartment complexes, duplexes, triplexes and
quads. Two dormitory rooms are equal to one multifamily residential unit in
determining the sewer rate.
"Non-residential" when used in water rate schedules means any use or
occupancy not included under such classification as single-family or multi-family
residential. Usually this rate will include all commercial uses of a profit or nonprofit
nature designed to manufacture, sell or convey an idea, service or product (tangible or
intangible); also includes public buildings, political subdivisions, governmental
agencies, schools, motels, bed and breakfast or traveler's accommodations, and
churches.
"Commercial, Industrial and Governmental" when used in sewer rate schedules
means any use or occupancy not included under such classification as single-family or
multi-family residential. Usually this rate will include all commercial uses of a profit or
nonprofit nature designed to manufacture, sell or convey an idea, service or product
(tangible or intangible); also includes public buildings, political subdivisions,
PAGE 1-RESOLUTION (p:ordVMo-def.Re2)
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governmental agencies, schools, motels, bed and breakfast or traveler's
accommodations, and churches.
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.
i
Catherine M. Golden, Mayor
Rev' wed as to for
I
P tul Nolte, City Attorney
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PAGE 2-RESOLUTION 1p ord\reto-def.Re21
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BEST-WAY REAL ESTATE 503 488 4627 P. 01
Attention City Recorder and Administrative Secretary:
This writing is to be presented to the City Attorney, Mayor,
and the City Council, to be considered by them and publicly
discussed, as an attachment to the Amendment of Rate Resolutions,
scheduled to be presented to the City Council on November 7, 1995,
by Paul Nolte.
lease be so kind as to confirm receipt of this fax
Thank you. ---
Mr. Paul Nolte
City Attorney
20 East Main St.
Ashland, Or. 97520
Subject: Amendment of Rate Resolutions, by Paul Nolte
November 3, 1995
Dear Mr. Nolte,
Thank you for forwarding to me a copy of the subject amendment
drawn up by you. It confirms my understanding of how the City of
Ashland assigns its utility rates.
Please study your first sentence in Section 1. of your
resolution amendment: "Water rates and sewer rates are established
upon the use and occupancy of the structure or property served "
Could one make the assumption that the above rate establishment
statement would be applied to the City's electrical rates too?
I would aincerely ask you to apply the following data to your
foundational sentence quoted above, prior to recommending the
Passage of your resolution amendment.
Data To Be Considered
1. To arbitrarily assign a customer a higher utility rate,
based solely upon a structure's inner activity; and not upon the
City's higher costs to serve that customer, is a blatantly
discriminatory and unconstitutional procedure.
2 . "If however, these differences in conditions cannot be
shown then all customers are entitled to receive the same service
on an equal basis and at a uniform rate. This requirement of
equality of treatment in the absence of significant differences
applies to the customers of utilities operated by municipal
corporations"
David W. Fadden
326 N. Main St.
Ashland, Or. 97520
488-0025 1
BEST-WAY REAL ESTATE 503 488 4627 p. 02
3. " . . . .The service rendered to these various customers by the
city is not significantly different. In each case, the water is
fed to the building through a single meter; a single account is
kept for each customer; a single monthly billing is made to each of
them; in each case the responsibility upon the city for repairs,
replacement and service is essentially the same. If they are
substantially the same for the customers placed in separate
classes, the classification cannot be sustained. . . . "
4. I would assume that the intent of this Oregon court water
rate decision would apply to all municipal utility services.
Mr. Nolte, now that you have provided the Mayor and City
Council with written definition on how the City assigns utility
rates to its citizens; and you having now been informed of the
possibility of rate discriminatory practices by the City; I would
ask you, as the legal council representing all the citizens of
Ashland, to exert your authority and demand a full utility rate
investigation before the City Council meeting on November 7, 1995.
I am pleased to be able to take part in our democratic form of
government and to be able to address this issue directly through
you to the Mayor and City Council.
I would hope that you, the Mayor, and the City Council will
investigate and correct the arbitrary and discriminatory utility
rates that are being assigned to Ashland' s citizens.
Sincerely,
David W. Fadden
326 N. Main St.
Ashland, Or. 97520
488-0025 2
RESOLUTION NO. 95-
A RESOLUTION AUTHORIZING AN INTERFUND LOAN TO THE
COMMUNITY DEVELOPMENT BLOCK GRANT FUND
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
RECITAL: ORS 294.46 requires an ordinance or resolution to permit a loan from one
fund to another; and a loan cannot be made from a debt service fund to any
other fund. If the loan will not be repaid by the end of the fiscal year, it must
be budgeted requirement in the following year's budget.
SECTION 1. The Director of Finance is hereby authorized to borrow $50,000 from
the Cemetery Trust Fund. The loan will be made prior to June 30,
1996, and will be repaid with accrued interest prior to June 30, 1997.
Interest will be charged at the City's average interest rate at the date of
the loan or the date of repayment, whichever is higher.
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
Reviewed as to form:
Paul Nolte, City Attorney
(g:j i11kwpkou Mil\W bg ban.m)
DEVELOPMENT CONSULTING SERVICES
RONALD 27WPI ER
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 City 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 changes 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 text 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
Comprehensive Plan Text but the sufficiency o is definition to
then presume a connection to the proposed AL 18. 108. 170 i`
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
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
others 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,
4
ROGUE VALLEY 155 S.Second Street
P.O. eox'32TS------ -------------
—
Council of Governments Central Point, OR 97502
(541)884-8874, 779-8785
474-5947, FAX 884-7927
MEMORANDUM
Date: November 6, 1995
To: Local Elected Officials in Southern Oregon
From: Jim Lewis, President, RVCOG Board of Directors
Subject: A Summit Meeting of Local Elected Officials in Southern Oregon
Please mark your calendars for a meeting on December 13; from 7:00 - 9:00 p.m. at the Jackson
County Public Works Auditorium. This meeting will be to discuss Regional Planning., Where are we
headed?
An agenda for the December 13th meeting will follow. We will discuss Regional Planning issues in
both Jackson and Josephine County.
Discussions on Regional Planning have already been underway in Jackson County. Regional Planning
participants have now organized formal meetings which have been scheduled for the 1 st and 3rd
Tuesday of each month at 7:00 a.m. (beginning November 7th) at the Medford Service Center on the
corner of McAndrews and Columbus.
1 HEST-WRY REAL ESTATE 503 4e9 4627 • P. 01
Attention City Recorder and Administrative Secretary:
This writing is to be presented to the City Attorney, Mayor,
and the City Council, to - be considered by them and publicly
discussed, as an attachment to the Amendment of Rate Resolutions,
scheduled to be presented to the City Council on November 7, 1995,
by Paul Nolte.
Please be so kind as to confirm receipt of this fax
Thank you.
Mr. Paul Nolte
City Attorney
20 East Main St.
Ashland, Or. 97520 -
Subject: Amendment of Rate Resolutions, by Paul Nolte
November 3, 1995
Dear Mr_ Nolte,
Thank you for forwarding to me a copy of the subject amendment
drawn up by you. It confirms my understanding of how the City of
Ashland assigns its utility rates.
Please study your first sentence in Section 1 . of your
resolution amendment: "Water rates and sewer rates are established
upon the use and occupancy of the structure or property served. "
Could one make the assumption that the above rate establishment
statement would be applied to the City's electrical rates too?
I would sincerely ask you to apply the following data to your
foundational sentence quoted above, prior to recommending the
Passage of your resolution amendment.
Data To Be Considered
1. To arbitrarily assign a customer a higher utility rate,
based solely upon a structure's inner activity; and not upon the ,
City's higher costs to serve that customer, is a blatantly
discriminatory and unconstitutional procedure.
2 . "If however, these differences in conditions cannot be
shown then all customers are entitled to receive the same service
on an equal basis and at a uniform rate. This requirement of
equality of treatment in the absence of significant differences
applies to the customers of utilities operated by municipal
corporations"
David W. Fadden
326 N. Main St.
Ashland, Or. 97520
468-0025 i
. .. BEST-WAY REAL ESTATE 503 439 4627 P. 02
3 . " . , . ,The service rendered to these various customers by the
city is not significantly different. In each case, the water is
fed to the building through a single meter; a single account is
kept for each customer; a single monthly billing is made to each of
them; in each case the responsibility upon the city for repairs,
replacement and service is essentially the same. If they are
substantially the same for the customers placed in separate
classes, the classification cannot be sustained. . . . "
4. I would assume that the intent of this Oregon court water
rate decision would apply to all municipal utility services.
Mr. Nolte, now that you have provided the Mayor and City
Council with written definition on how the City assigns utility
rates to its citizens; and you having now been informed of the
possibility of rate discriminatory practices by the City; I would
ask you, as the legal council representing all the citizens of
Ashland, to exert your authority and demand a full utility rate
investigation before the City Council meeting on November 7, 1995,
I am pleased to be able to take part in our democratic form of
government and to be able to address this issue directly through
you to the Mayor and City Council.
I would hope that you, the Mayor, and the City Council will
investigate and correct the arbitrary and discriminatory utility
rates that are being assigned to Ashland's citizens.
Sincerely,
i
i
David W. Fadden
326 N. Main St.
Ashland, Or. 97520
488-0025 2
"0F AdN
City of Ashland
° = OFFICE Of THE MAYOR
20 E. Main 5treet A5hlend,OR 97520
O4E00�,
CATHY GOLDEN
MAYOR
(505)4825211
November 3, 1995
TO: City Council Members
FROM: Catherine M. Golden, Mayor
RE: Emergency Medical Services Ordinance
The recently announced purchase of Ashland Life Support (ALS) by Mercy Flights of
Medford presents some unique challenges and an opportunity to define exactly what the
people of Ashland have come to expect in the way of ambulance service response.
Some of our citizens may not be aware that the County's Ambulance Service Area (ASA)
plan requires an eight (8) minute response time 90% of the time. Ashland Life Support was
under review by the County Health Department at the time the reported sale took place for
not meeting this standard.
Oregon State law allows municipalities to set a standard which may be higher than provided
in the County ASA plan. The City of Springfield adopted such an ordinance and requires a
4-minute response time 95% of the time for advanced life support. In cases of cardiac arrest,
treatment must be administered within 4-6 minutes or biological death occurs and restoration
of vital life functions cannot be accomplished.
This transfer of ownership reportedly will occur on January 1, 1996. It is, therefore,
appropriate for the citizens of Ashland, through their elected officials, to establish a standard
which will save lives and provide our citizens with the level of care they have traditionally
relied on. The Ordinance also keeps the decision making for this vital service in the hands of
local voters and taxpayers, where it clearly belongs.
(r.M,yoe EROrd.m %)
C. Ambulance Operator. An agency or person engaged in the business of furnishing
ambulance services.
D. Emergency. Any non-hospital occurrence or situation involving illness, injury or
disability requiring immediate medical or psychiatric services, wherein delay in the
provision of such services is likely to aggravate the condition or endanger personal
health or safety.
E. Emergency Medical Services (EMS). Those pre-hospital functions and services
which are required to prepare for and respond to emergencies, including fire
apparatus, ambulance(s), treatment, communications, evaluation, and public
education.
F. Emergency Medical Technician (EMT). A person defined in ORS 823.020.
G. Health Care Facility. A hospital, clinic, or extended care facility that regularly
provides medical or psychiatric care or services.
H. Person. Individuals, either male or female, partnerships, firms, corporations and
associations of every kind and their agents, servants or employees.
I. Pre-hospital Care. Care rendered by emergency medical technicians as an incident
of the operation of ambulances and care rendered by emergency medical technicians
as incidents of other public or private safety duties.
J. Response Time. The period of time from receipt of a call for EMS assistance until
the arrival of EMS providers.
6.40.020. Ucense and Personnel Required. A. No person shall operate an ambulance
business within the corporate limits of the city without first obtaining a license for
operation.
B. No person shall operate a vehicle as an ambulance that is not equipped, operated,
and attended by the personnel as required by this chapter.
C. Notwithstanding subsections A and B of this section, any person operating an
ambulance business within the corporate limits of the city on the date this ordinance is
enacted shall have until December 31, 1995 to comply with this chapter.
6.40.030 Exempt Persons and Activities. The provisions of this chapter do not apply
to:
A. Ambulances owned by or operated under the control of the United States
Government.
B. Vehicles being used to render temporary assistance to licensed ambulance
operators in case of a public catastrophe or emergency with which the licensed
PAGE 2-ORDINANCE (c:«me�3.0.ei
1
ORDINANCE NO.
AN ORDINANCE ADDING CHAPTER 6.40 TO THE ASHLAND
MUNICIPAL CODE TO ESTABLISH STANDARDS FOR EMERGENCY
MEDICAL SERVICES AND DECLARING AN EMERGENCY
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The following Chapter 6.40 is added to the Ashland Municipal Code:
Chapter 6.40
EMERGENCY MEDICAL SERVICES
Sections'
6.40.010 Definitions.
6.40.020 License and Personnel Required.
6.40.030 Exempt Persons and Activities.
6.40.040 Minimum Ambulance and Equipment.Standards.
6.40.050 Minimum Levels of Training and Staffing.
6.40.060 Minimum Response Times and Minimum Levels of Care.
6.40.070 Procedures for Monitoring Performance.
6.40.080 Administration; Powers of City Administrator or Designee.
6.40.100 License.Requirements.
6.40.110 Application for License.
6.40.120 Review and Investigation of Application.
6.40.130 Issuance of License.
6.40.140 License Term and Renewal.
6.40.150 Revocation or Suspension of License.
6.40.160 Abatement of Violations.
6.40.170 Prohibited Activities.
6.40.180 Penalties.
6.40.190 Severability.
6.40.010 Definitions. The following words and phrases as used in this chapter shall
have the following meanings:
A. Ambulance. Any privately or publicly owned motor vehicle that is regularly provided
or offered to be provided for the emergency transportation of persons suffering from
illness, injury or disability.
B. Ambulance service. Any person, governmental unit, corporation, partnership, sole
proprietorship or other entity that operates ambulances and that holds itself out as
providing pre-hospital care or medical transportation to sick, injured or disabled
persons.
PAGE 1-ORDINANCE Wmd%m 3.adl
u
ambulances of the city are unable to cope, or when directed to be used to render
temporary assistance by a public official at the scene of an accident.
C. Vehicles operated solely on private property or within the confines of institutional
grounds, whether or not the incidental crossing of any public street serving the
property or grounds is involved.
D. Vehicles operating from a business location, office or headquarters outside the city,
that are transporting a patient from an area outside the city to a health care facility
within the city, or vehicles which are passing through without destination in the city.
6.40.040 Minimum Ambulance and Equipment Standards.
A. Ambulances shall be of the federal ambulance specification KKK 1822-A types 1, 2
or 3.
B. Each ambulance shall contain, in addition to the equipment standards set by the
State of Oregon, the following equipment: pediatric defibrillator paddles (1 set),
pediatric laryngoscope (size 1 with straight blade), adult laryngoscope with straight
and curved blades - all laryngoscope handles and blades shall be made of chrome or
stainless steel, firm extrication collars (3 sets, one each of size small, medium and
large), (2) Kendrick extrication devices or equivalent - short or half spine boards are
not acceptable.
C. All ambulances proposed to be used by the ambulance operator shall be presented
to the city administrator or designee for inspection within fifteen days of the date of
application. All new or replacement ambulances shall also be presented for inspection
prior to use.
D. All ambulances shall be maintained according to the manufacturer's
recommendations. Complete maintenance records shall be maintained and made
available to the city upon request.
E. Each ambulance shall be housed in a heated and secure garage provided that no
ambulance shall be housed at the Ashland Municipal Airport. Crew quarters shall
conform to the standards set forth in the specialty codes defined in chapter 15.04 for
residential occupancies (dwellings).
F. Ambulance operators shall maintain a patient care record for each patient
transported. Each record shall include the following information:
1. Name of patient.
2. Time of dispatch.
3. Time enroute.
4. Time of arrival at incident.
5. Time of departure from incident.
6. Time of arrival at hospital.
PAGE 3-ORDINANCE (n:.,A.3.adi
7. Time ambulance becomes available for service.
8. Names and certification levels of attending emergency medical technicians.
9. Beginning and ending mileage of each response.
10. Point of dispatch.
11. Unit number.
12. Incident address.
13. Description of injuries and/or care provided.
6.40.050 Minimum Levels of Training and Staffing. A. Each ambulance shall be staffed
by at least two Oregon State Certified EMTs, one state certified at or above EMT B
and one state certified at EMT P training level.
B. The EMT P shall be in attendance of the patient in the patient compartment of the
ambulance when transporting patients to a health care facility.
C. When an ambulance is operating as a neonatal intensive care unit transporting a
patient, at least one Oregon State Certified EMT at or above the EMT B level shall be
in attendance in the vehicle. In addition, the appropriate hospital shall furnish the
medical team who attends the patient. If no medical team is furnished, the vehicle
shall be operated as an ambulance vehicle only.
D. All EMTs shall adhere to the continuing education requirements as set forth by the
State of Oregon. Each EMT P shall be currently certified by the American Heart
Association as provider of advanced cardiac life support.
- 6.40.060 Minimum Response Times and'Minimum Levels of Care. A. The ambulance
operator shall have an ambulance response time within four minutes or less 95% of
the time for emergencies determined to require advanced life support care and eight
minutes or less 95% of the time for emergencies determined to require basic life
support care.
B. Ambulance operators and their employees shall comply with all procedures and
protocols outlined in the Jackson County EMS Standing Orders for this area.
4
6.40.070. Procedures for Monitoring Performance. A. The ambulance operator shall
provide regular field evaluations of EMTs employed by the operator. The field
evaluations shall be done no less than bi-annually. The evaluation form shall be
approved by the city administrator or designee. Records of the evaluation shall be
maintained and stored. The city shall have access to any and all field evaluations
upon request.
B. The response time for all emergency calls shall be compiled monthly by the
ambulance operator. The compilation shall be submitted to the city by the last day of
the first week of the month following the report month. All emergency response time
over four minutes for emergencies determined to require advanced life support care
and eight minutes for emergencies determined to require basic life support care shall
PAGE 4-ORDINANCE (p:ord%.rt 3.adl
II
be listed separately. The report shall give the point of dispatch of the first response
vehicle and/or ambulance, and the location of the incident.
C. A copy of any written complaint by citizens concerning pre-hospital care or billing of
an ambulance operator shall be delivered to the city administrator by the operator
where it is to be kept on file. The city administrator shall have the authority to take
such action as may be necessary to resolve the complaint if such action is in
accordance with the provisions of this chapter. The city administrator may also forward
copies of the complaint to the council together with a recommendation for corrective
action to be taken by the council.
6.40.080 Administration* Powers of Cily Administrator or Designee. A. The city
administrator shall have the authority to take action concerning licenses in accordance
with the provisions of this chapter.
B. The city administrator, or persons designated by the city administrator in writing,
shall have the authority to:
1. Audit records to assure conformance with this chapter.
2. Require production of relevant documents.
3. Perform all other acts necessary to enforce the provisions of this chapter.
6.40.100 License Requirements. Each ambulance operator shall:
A. Conform with the standards, requirements, and maintenance provisions stated in
the rules adopted by the State Health Division, the Jackson County Ambulance Service
Plan and this chapter. Whenever the requirements of this chapter require more than
the division rules or the county plan, the chapter requirements shall be followed.
B. Maintain on file with the city administrator, a current list of fees charged for
rendering service.
C. Maintain on file with the city administrator, a current copy of the name and
certificate of each emergency medical technician employed by the ambulance
operator.
D. Maintain and make available, upon request of the city administrator, all records
required by this chapter.
E. Employ only emergency medical technicians who are certified by the State Health
Division.
F. Enlist the services of a physician advisor who shall be a resident of or actively
practicing in the city.
G. Make available, upon request, written information to the public concerning rate
information.
PAGE 5-ORDINANCE
H. Meet the response times and minimum levels of care required by this chapter
I. Render emergency medical services 24 hours a day, seven days a week. Pre-
hospital medical services and ambulance transportation shall be available to all
persons in the service area without regard to race, color, religion, marital status, age,
national origin, sex, sexual orientation, disability or ability to pay.
J. Serve a reasonable and logical service area.
K. Submit to the city, upon approval of license, proof of all insurance required by this
chapter.
L Submit to the city, upon application for license, proof of all performance bonds
required this chapter.
M. Notify the city within 10 days of any change in material information contained in the
application, related materials, or license.
6.40.110 Application for License. A. Any person desiring to obtain an ambulance
operator license shall apply upon forms available from the city recorder. Each
application shall be accompanied by a surety bond in the amount provided in this
chapter. The application shall include the following information:
1. The name of the applicant and trade name, if any, under which the applicant
intends to conduct the business; or if it.is a corporation, its name, date and place of
incorporation, address of its principal place of business and the names of its principal
officers, together with their respective residence addresses; or if a partnership,
!� association or unincorporated company, the names of the partners, or of the persons
comprising such association or company, and the business and residence address of
each partner or person.
r 2. A description of each ambulance or other vehicle used; or proposed to be
N used, by the applicant, with the name of the manufacturer, engine and serial numbers,
state motor vehicle license number, together with.a certification that each ambulance is
adequate and safe for the purposes for which it is to be used and that it is equipped
as required by this chapter and the laws of the state of Oregon.
3. The address and description of the premises at and from which it is
proposed to maintain and.operate such ambulances.
4. Information showing that every proposed driver, attendant, and driver-
attendant is qualified as required in this chapter and as required by the laws of the
state of Oregon.
5. The applicant shall furnish such additional information as the city may
require.
6. Upon application for an ambulance operator's license, applicant shall furnish
the city with a good and sufficient cash bond or surety bond in the sum of
$500,000.00 which shall be continued in effect during the period that such ambulance
operator shall do business in the city.. ,The bond shall be given as a guarantee that
the ambulance operator will furnish and maintain ambulance service from the date of
PAGE 6-ORDINANCE Wwdlm 3.wdl
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obtaining a city license without interruption of service, except that by giving 180 days'
notice to the city, such ambulance operator shall be authorized to discontinue service
without penalty. If, for any reason, the licensed ambulance operator shall cease
operations or discontinue business for any reason whatsoever, voluntarily or
involuntarily, without giving the notice herein required, such cash bond or surety bond
shall be forfeited to the city.
7. No ambulance operator's license shall be issued unless there is also on file
with the city an insurance policy approved by the city administrator, whereby the
owner and driver of each of the vehicles described in this license are insured against
liability for damage to property and for injury to, or death of, any person resulting from
the ownership, operation, or other use thereof. This policy shall be in the sum of not
less than $500,000.00 for property damages, personal injuries to, or death of persons
in any single accident.
a. The insurance policy shall contain an endorsement providing that this
policy of insurance will not be cancelled until notice in writing shall have been received
by the city administrator at least thirty days prior to the time such cancellation shall
become effective.
b. The insurance policy must be issued by a company authorized to do
business in the State of Oregon. This policy shall further provide that there shall be a
continuing liability thereon, notwithstanding any recovery on this policy. If, at any time,
this insurance policy shall be cancelled by the company issuing the same, or the
authority of the company to do business in the state of Oregon shall be revoked, the
certificate holder shall replace the policy with another policy approved by the city
administrator.
B. The initial license fee and each yearly renewal thereafter shall be $300 for an
Ambulance Operator's License plus $100 per ambulance providing emergency medical
services to the city. Changes in the amount of these fees may be made by resolution
of the council.
6.40.120 Review and Investigation of Application. A. Within fifteen days after receipt of
an application, the city administrator or designee may inspect and test all vehicles and
equipment and inspect all proposed vehicle location sites and crew quarters.
B. The city administrator or designee shall determine the applicant has complied with
the laws of the state of Oregon and provisions of this chapter and report such
determination to the council.
6.40.130 Issuance of License. The council may issue a license upon finding that the
applicant has met all requirements of this chapter.
6.40.140 License Term and Renewal. A. A license shall be valid from the date of
issuance to the next following thirtieth day of June and shall be renewable annually for
a term of one year, commencing on the first day of July.
PAGE 7-ORDINANCE (Pwd%�3.«d)
B. An application for renewal of an annual license shall be submitted to the city at least
thirty days prior to its expiration date and shall be accompanied by the appropriate
fees and other required documents.
C. The ambulance operator shall provide 180 days written notice to the city
administrator prior to terminating service.
6.40.150 Revocation or Suspension of License. A. Except as provided in section
6.40.160.B.3, before any license is suspended or revoked, notice and hearing shall be
provided in accordance with this section. An ambulance operator shall be afforded
opportunity for hearing after reasonable notice, served personally or by registered or
certified mail. A hearing shall be held by the council if the operator requests a hearing
within ten days of receipt of the notice. The notice shall include:
1. A statement of the operator's right to hearing, or a statement of the
time and place of the hearing.
2. A statement of the authority and jurisdiction under which the hearing is
to be held.
3. A reference to the particular sections of this chapter involved; and
4. A short and plain statement of the matters asserted or charged.
B. The council, if the matter is heard by the council, or the city administrator, if no
hearing is held, may revoke or suspend a license upon finding that an ambulance
operator fails to meet the requirements of this chapter or is doing business in violation
of this chapter or applicable federal, state, or county laws, ordinances, rules or
regulations.
C. Any person whose license has been denied or revoked may, after thirty days from
the date of denial or suspension, apply for a license upon payment of an application
fee in the amount of the annual license fee, which shall not be credited to the
applicant's annual license fee.
D. Any person whose license has been denied or revoked for a total of two times
within one year, or who has a combined total of four denials or revocations shall be
disqualified from applying for a license for a period of two years from the date of the
last revocation or denial.
6.40.160 Abatement of Violations. A. Upon finding that a violation of this chapter, or
applicable federal, state, city, or county laws, ordinances, rules or regulations has
occurred, the city administrator shall provide written notice to the ambulance operator
of the violation and demand that the violation be corrected within a reasonable time as
specked in the notice.
PAGE 8-ORDINANCE (p:ame�s.«ai
I� ,
B. In the event of a notice under subsection A of this section:
1. The ambulance operator shall notify the city when corrective action has been
taken, and the city shall then cause an inspection to be made to determine
compliance.
2. If the ambulance operator fails to take corrective action within the time
required, the city may take action under section 6.40.150 to revoke or suspend the
license.
3. If the city administrator finds that the violation constitutes an immediate
danger to the public health and safety, the administrator may, by administrative order,
direct the immediate cessation of activities under the license pending a hearing. The
hearing shall be held as provided in section 6.40.150.
6.40.170 Prohibited Activities. No ambulance operator or ambulance operator's
employee shall:
A. Make a false statement of a material fact, or omit disclosure of a material fact, in an
application for a license.
B. Charge for services not performed, make duplicate charges for the same service, or
charge rates exceeding those on file with the city administrator.
C. Perform services of an emergency medical technician or emergency medical
technician trainee unless authorized by state law..
D. Fail or refuse to promptly advise the Ashland 911 Center of receipt of a request for
emergency medical assistance or when an ambulance becomes available or
nonavailable to respond to dispatch orders.
E. Fail or refuse to respond to a dispatch order from the dispatch office when the
ambulance subject to the call is available for service.
F. Falsify, deface or obliterate any license or certificate required under this chapter.
G. Violate any federal, state, or county law, or any other city ordinance.
6.40.180 Penalties. A. In addition to any other procedures and remedies provided by
law, any person violating any section within this chapter shall be guilty of a infraction
as set forth in section 1.08.020 except that the penalty shall be a fine not to exceed
$1,000.
B. Each and every day during any portion of which a violation any section of this
chapter is committed, continued or permitted by any such person, is a separate
violation subject to a separate fine of $1,000 and such person shall be punished
accordingly.
PAGE 9-ORDINANCE tv:wcnm 3.«di
6.40.190 Severability. Should any section, paragraph, sentence or word of this
chapter be declared for any reason to be invalid, it is the intent of the City of Ashland
that all other portions remain in effect.
SECTION 2 Inasmuch as it is necessary to ensure that the provision of emergency
services is delivered in a consistent, timely and superior method, it is deemed
necessary for the public peace, health, and safety of the citizens of the City of Ashland
that an emergency be declared to exist, and this ordinance shall be in full force and
effect from and after its passage by the Council and approval by the Mayor.
The foregoing ordinance was first READ on the day of , 1995,
and duly PASSED and ADOPTED this day of 1995.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of 1995.
Catherine M. Golden, Mayor
Approved as to form:
Paul Nolte, City Attorney
.PAGE 10-ORDINANCE (O:ord%e.3.«dl
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