HomeMy WebLinkAbout1995-1121 Council Mtg PACKET Important: Any citizen attending Council meetings may speak on any item on the agenda, unless it is the
subject of a public hearing which has been closed. If you wish to speak, please till 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 MEE NG
ASHLAND CITY COUNCIL
November 21, 1995
I. PLEDGE OF ALLEGIANCE: 7:00 p.m., Civic Center Council Chambers
II. ROLL CALL
,RI. APPROVAL OF MINUTES: Regular meeting of November 7, 1995.
HIV' SPECIAL PRESENTATIONS AND AWARDS:
1. Presentation of Certificate of Service to Public Works Director Steve Hall.
CONSENT AGENDA:
1. Minutes of Boards, Commissions and Committees.
2. Monthly Departmental Reports for October, 1995.
3. Confirmation of Mayor's appointment of Martin Jacobson to Airport Commission and G.
Philip Arnold to the Forest Lands Commission.
4. Confirmation of James H. Olson, Assistant City Engineer as interim Public Works Director.
VI. PUBLIC HEARINGS: (Testimony limited to 5 minutes per speaker. Hearing must conclude by 9:30
m. or be continued.)
Request for Conditional Use Permit for a professional office (counseling) at fa North
Cc. � Second Street. The office will provide a variety of services for disadvantaged families and
0 2-g individuals in the Ashland area. [Applicant: Interfaith Care Community of Ashland (ICCA))
(Continuation) Request for an amendment to the Procedures Chapter of the Land Use
C6 10 Ordinance; reconciling other sections of the Land Use Ordinance and the Ashland Municipal
145 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.)
IX. NEW AND MISCELLANEOUS BUSINESS:
1. Memorandum from Parks Commission requesting use of main room in Pioneer Hall by
Ashland Teen Center. OMLT I llZ 9
2. Request by developers of Ashland Retirement Residence for amendment to SDC standards
for Parks, Water and Sewer services. ma. oln
3. Presentation of findings and recommendations by Sluicing Alternatives Committee. (%Y-,l . l���
Memorandum from City Attorney relative to waiver of competitive bidding or Design/Build
project for Wetlands Demonstration Project.
5. Request from Carolyn Eidman, through her attorney Kurt Knudsen, to obtain access across
city-owned property (two reserve strips) to allow for the partitioning of her property at 556
Fordyce. CP,,v-T. ilI�g
X. ORDINANCES. RESOLUTIONS & CONTRACTS:
CPT 477/ --Y Second reading by title only of "An Ordinance adding chapter 6.40 to the Ashland Municipal
Code to establish standards for emergency medical services and declaring an emergency."
/2' First reading by title only of "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."
,3! First reading by title only of "An Ordinance prescribing the regulations governing water
service by the City of Ashland; repealing Ordinance no. 1676, and providing the penalty for
violations."
[_oro • lq5 0 First reading by title only of "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 repearling Resolutions 78-38 and 88-20."
XI. OTHER BUSINESS FROM COUNCIL MEMBERS
XE. ADJOURNMENT
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
November 7, 1995
CALLED TO ORDER
Mayor Golden called the meeting to order at 7:00 p.m., Civic Center Council Chambers.
ROLL CALL
Councilors Hauck, Hagen, Wheeldon and Thompson were present; Councilors Laws and
Reid were absent.
APPROVAL OF MINUTES
The minutes of the Regular meeting of October 17, 1995 were approved with correction on
page 5, New Business, paragraph 1, third sentence should read "in"clusive.
SPECIAL PRESENTATIONS AND AWARD
1. Recognition of Public Works Director Steve Hall for receipt of Wgliyn''A: Bowes
Service Award from the American Public Works Association Oregd#1Cha ter.
2. Presentation of Distinguished Budget Award from the Govecnmenf Faie
Officers Association (Presented by Joanne Stumpf, President-elect of MODA).
3. Proclamation declaring week of Nov. 19-25, 1995 "Lights for Life Week".
Mayor Golden recognized Public Works Director Steve Hall for his Service Award and also
noted that Mr. Hall was elected to the position of Region IX director position for APWA.
President-elect of OMFOA Joanne Stumpf presented the City of Ashland GFOA's
Distinguished Budget Presentation Award for its budget.
Mayor Golden read proclamation declaring "Lights for Life Week" Nov. 19-25, 1995.
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, 1995.
6. Letter appealing denial of Planning Action No. 95-101 by Interfaith Care
Community of Ashland. (Set public hearing for November 21, 1995.)
Councilors Hauck/Hagen m/s approval of the Consent Agenda. Voice vote all AYES.
Motion passed.
1
I
PUBLIC HEARINGS
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)
Planning Director John McLaughlin explained that this proposed amendment involves an
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.
Noted that the City has for many years been attaching conditions to the approval of these
developments requiring that they install recycling facilities. This amendment would
specifically require this condition and make the applicant aware at the time they apply.
PUBLIC HEARING OPEN: 7:20 p.m.
PUBLIC HEARING CLOSED: 7:21 p.m.
rr.
Councilors Thompson/Hauck m/s placing request for amendment onto_Ni,jberi 21,
19 95 agenda for 1st reading of ordinance. Voice vote: all APES. Motion d
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)
Planning Director John McLaughlin explained that proposed amendment was mainly in the
section regarding the appeals process. This 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 would still be decided on by the City Council after a recommendation was
forwarded from the Planning Commission.
The amended procedures provide opportunity for appeal on all planning actions from Type I
on up to be appealed to the City Council. The Planning Commission would be the final
decision maker on issues processed as Staff Permits.
City Attorney Paul Nolte explained that a De novo hearing is one that is brand new. Which
means starting from scratch and proving that every element required for the planning action
be approved. If it is a hearing on the record for a substantial evidence hearing, you only
have to show that there is some evidence in the record that supports the conclusion made by
the Planning Commission. A De novo hearing would be brand new before the Council.
2
McLaughlin explained that in regards to appeals on the records, the appeals are limited to the
item under appeal. There is opportunity for cross appeals if, once an appeal is filed then
notice is mailed out. He feels that limiting items to the record provides a fair more justified
process.
Councilor Thompson voiced his concern over the removal of the De novo provision. He
feels there are so few public hearings regarding appeals that it should be a De novo hearing
and not based solely on the record.
PUBLIC HEARING OPEN: 7:32 p.m.
Cate HartzeW881 E. Main/Requested that Council consider continuing Public Hearing on
this matter to next Council meeting. Questioned the limit on cross appeals and notice of
appeals. Clarification on history of holding out information was made for Ms. Hartzell, it
was explained that since incorporating more mediation with neighbors and develoyers there
may not be a problem now. Questioned how the Planning Commission notiftespf its
meetings and how big the list of notices that the Planning Commission regul Lin`sends out
regarding its meetings. She feels that by keeping things just "on the record"'iiloulh
eliminate new information.
PUBLIC HEARING CONTINUED: Council agreed to continue open Public Hearing at
next Council meeting November 21, 1995.
PUBLIC FORUM
Mark Brown/171 Church St./Presented letter from concerned neighbors regarding steep
slopes and access problems. They believe these lead to design and engineering solutions that
have negative impacts. Requests that for the few hillsides remaining to develop them in a
manner that they can be proud of and put the Hillside Development Standards in place.
6
Council invited concerned neighbors to the Council Study Session November 15, 1995 where
staff would have the opportunity to report on this matter.
Ron Tycer/2302 Stonebrook Drive, Medford/Responded on behalf of Mercy Flights on two
issues discussed at the Fire Departments Strategic Planning. The first issue was regarding
comments that Mercy Flights is in the business to capitalize on human suffering and to get
all they can financially out of the community. Stated that to his knowledge this is the first
time the company has received a negative comment from a public official with regards to
how they operate and with regards to their ethics.
3
The second issue regarded comments on their business ethics that resting the ambulance
service away from Ashland Fire Department was an unspeakable act. Outlined contact with
Ashland Fire Chief Keith Woodley and subsequent negotiations with Ashland Life Support.
Stated that Mercy Flights did not consider making an offer until the owner of ALS made it
clear that he would not sell to the City of Ashland.
Mayor Golden responded that Council would support staff and apologized if her comments
suggested any disregard to the patient.care level of Mercy Flights. Felt that because Mercy
Flights was aware of the circumstances that surrounded the City of Ashland's desire to
purchase Ashland Life Support, that was what prompted her comments. The comments..
made were not based on patient care. Felt that the taxpayers of Ashland will be the ones to
pay for this service.
Andrew Chester/6915 Rapp Lane,Talent/Presented proposed petition for Council
endorsement to be presented to Governor Kitzhaber regarding old growth forest cuts.
Council consensus to allow endorsement of petition. �' 3
UNFINISHED BUSINESS
1. Memorandum on regulations governing excavations and archeological site
preservation.
Planning Director John McLaughlin presented memo with recommendation that the City wait
until the new administration rules are adopted to provide guidance in the preparation of a
local ordinance. Level of awareness for the public will be worked on, in the meantime such
an occurrence should take place.
i
Council agreed with staff recommendation.
2. Approval of quitclaim deed in Ashland Audubon Subdivision.
City Attorney Paul Nolte requested clarification on Council action regarding quitclaim deed
in Ashland Audubon Subdivision. The intent and purpose of the subdivision conditions have
been met by the developers.
It was clarified for Council that it is not the option of the developer to hold up the LID for
Orange Street.
Councilors Thompson/Hagen m/s approval of quitclaim deed. Voice vote: Thompson,
Hagen, Wheeldon YES; Hauck NO. Motion passed 3-1.
4
NEW AND MISCELLANEOUS BUSINESS
1. Presentation by Kay Atwood regarding Ashland City Government History
Project.
Kay Atwood explained a project comprised of three Phases. Phase I; An overview of major
aspects of City of Ashland governance from earliest years to present. Phase II; City
Departments and City Buildings; a brief history of individual departments and buildings.
Phase III; Manuscript Preparation/Photographs/Maps etc.
It is hoped that if Council would accept this project, it would lead up to and be introdGced
for the 125th anniversary of the City of Ashland.
Councilors Hauck/Hagen m/s to approve moving forward on this project. Voice vote: all
AYES. Motion passed.
t
2. Request to cut new pavement on North Mountain Avenue at MunsoriVroe.
Public Works Director Steve Hall presented letter of request by Tom Giordano, Architect
and Agent for the project.
Hall stated that if this connection is not made for water, it would produce 2,100 feet of non-
looped water mains. The head end of this is a six inch water main which is barely adequate
for residential. It would provide a dead-end line, if there is a break or service need in that
line it would mean everyone would be out of water. He strongly urged the Council to allow
the connection of the water system because of public safety and fire protection.
It is noted that the Fire Department strongly recommends the connection of Munson Drive to
the proposed Ashland Village Subdivision and North Mountain Avenue. The connection will
provide a more reliable fire flow for the currently developed Munson Drive while eliminating
dead-end lines with potential sedimentation.
Councilors Hauck/Hagen m/s to approve pavement cut on N. Mountain Avenue at
Munson Drive. Roll Call vote: Hauck, Hagen and Wheeldon YES; Thompson NO.
Motion passed 3-1.
ORDINANCES. RESOLUTIONS & CONTRACTS
1. Second reading by title only of "An Ordinance repealing the airport license fee by
deleting Chapter 6.38 of the AMC."
Councilors Hauck/Hagen m/s to approve second reading of Ordinance #2770. Roll call
vote: Hauck, Hagen, Wheeldon and Thompson YES. Motion passed.
5
2. First reading of an Ordinance establishing standards for Emergency Medical
Service delivery.
Fire Chief Woodley Keith Woodley clarified for Council, that there would be no budgetary
changes by the proposed ordinance. It only puts into writing exactly what is currently in
place and will not change budget needs for the Fire Department.
Mayor explained that the history of dealing with private services has not been satisfactory
and that because there is a change in ambulance service, now would be an opportunity to
clarify issues that were not in writing.
Council questioned what the alternative would be if private service could not meet the
response time indicated in the proposed ordinance.
It was explained that the proposed ordinance would put local supervision over the uality of
emergency medical services regardless of who the provider is. Currently this s, e�r4ision is
provided by Jackson County Commissioners. Issues and complaints would cg'mt bef6re the
City Council instead of the County Commissioners.
's
Ken Parsons/2936 Alder Street, Medford/Mercy Flights/Questioned who this ordinance
would regulate. It was clarified that this ordinance would regulate whomever had the ASA.
Presented Mercy Flight fact sheet for Council information. Spoke regarding total quality
management and how everything is viewed as a process.
Presented and commented on a five-step process which they recognize as evaluation for
adding or changing current standards; Step 1: Question theoretical basis for proposed change;
Step 2: Question whether solid human scientific research is available to support the change;
Step 3: Question if proposed change is clinically important; Step 4: Question if change is
practical, affordable and safe; Step 5: Question 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 of the system.
Mercy Flights is pleased to have the City involved in the ambulance service and quality
assurance process and do feel they should be held accountable. They would prefer that the
current system be held intact referring to the County Ambulance Area Service Plans. They
feel that this is the proper forum for quality assurance. Urged the Council to cooperate with
the County Commissioners and address changes to the system and not to address the City of
Ashland as a separate entity without realizing it will cause effects to rest of the County and
the other citizens that go through this County. Stated that if the proposed ordinance is
passed, it would be in violation of the ordinances that exist, unless it is done in the
cooperation with the County ASA Plan and with the County Commissioners.
Assured Council that Mercy Flights will provide better service than Ashland Life Support,
welcome to be held accountable and look forward to working with the City of Ashland.
6
II •
Joe Eckhardt/108 Bush/Concerned as a licensed physician and urged Council to seek further
consultation from emergency medical personnel and public input before making decision.
Fire Chief Woodley and Fire Captain Walt Anders clarified for Council concerns brought
forward by Mercy Flights regarding theoretical basis for the change. Woodley explained that
there is documented facts for the basis of the proposed change. There is a computerized
study of the current system and what has been provided in the past. Also, there was
consultation with the City of Springfield in what they had been able to accomplish in the
community with similar resources.
Anders clarified that data from studies are based on the time when the care arrives which
may not affect the time you leave in EMS service. Also stated that the rescue vehicles that
the Fire Department uses are State licensed ambulances which meet all the criteria of what
the State requires in ambulance care.
Woodley stated that Mercy Flights proposed method of servicing the City in "that they
would not need the calculated response service of the City of Ashland Fire D metit to
determine their plans for servicing the ASA. Almquist pointed out that there w ld�he no
first response without the Ashland Fire Department.
City Attorney Paul Nolte clarified for Council that the County Commissioners are required
by State statute to divide the County into Ambulance Service Areas and to set standards for
emergency services. The statutes also allow the cities to adopt more stringent requirements
than what the statutes say must be those requirements or what the County may say the
requirements are. The confusion is from another statute that says any ordinance that the City
would adopt must be in compliance with the County plan. The reference is if you adopt
more stringent standards it is not going to be in compliance with the County plan. The
response to this would be that the statute clearly allows the City to adopt more stringent
requirements.
City Administrator Brian Almquist read ordinance in its entirety.
Councilors Hauck/Hagen m/s to approve fast reading and place on agenda for second
reading.
Discussion: Clarification that response time is determined at the time the call for service
is made; City of Ashland's Fire Chief is qualified to act as designee under the guidelines
and responsibilities of the ordinance; Councilor Hauck stated that in all other City of
Ashland emergency services, the City has direct control of that service and has some
role in how that service is delivered and the quality of the service. EMS is one of the
areas that the City does not have control and feels the City should have some control
because of the responsibility to the Citizens. Local control and quality of care is an
issue to him.
Voice vote: Wheeldon, Thompson, Hauck and Hagen YES. Motion passed.
7
3. Reading by title only of "A Resolution defining classifications of uses and
occupancies for purposes of water and sewer rates."
David Fadden/326 N Main/Presented to Council an attachment to the Amendment of the
Rate Resolutions. States that from the classifications, the utility rates are not charged by cost
of service or demand on the system, but upon the activity that is inside the building. Raised
the issue to City Attorney Paul Nolte that this was not in line with Klicks case on
municipalities and asked that he study the case further. This is what prompted the request
for redefining classifications of uses and occupancies for purposes of water and sewer rates.
City Attorney Paul Nolte stated that the resolution defines what is now in place as to what
we include in the various classifications. The Klicks case is the basis for which the utility
discount case was decided in the past before a federal judge. The case states that when the
government delivers a commodity, there can be no distinction in rates unless that distinction
is based on the cost of providing the service. This resolution does not do that, although the
category for different rates are based on the differences in providing the compnqiv'�.
Councilors Hauck/Thompson m/s to approve Resolution #95-27.Roll ta1LAe: ,j
Thompson, Wheeldon, Hauck and Hagen YES. Motion passed.
4. Reading by title only of "A Resolution authorizing an interfund loan for the
Community Development Block Grant Fund."
Councilors Hauck/Wheeldon m/s to approve Resolution #95-28. Roll Call vote: Hauck,
Thompson, Hagen and Wheeldon YES. Motion passed.
OTHER BUSINESS FROM COUNCIL MEMBERS
Councilor Hauck reported that the Southern Oregon Historical Assdciation had internally
recognized the need for a greater presence in Ashland and is rtmoving,forward and expanding
on this.
Clarification for Council that the public goal setting session is set for the December 5
Council meeting.
ADJOURNMENT
Meeting was adjourned at 9:35 p.m.
Barbara Christensen, Recorder Catherine M. Golden, Mayor
8
NOVEMBER 1995 JANUARY 1996
S M T W T F S S M T W T F S'
112 13 14 15 16 17 18 14 15 16 17 18 19 L2728 22 23 24 25 30ccemb �r - -_ -- 21 22 23 24 25 26 270
29 30 28 29 30 31
SUN MON TUES WED THURS FRI SAT
1 2
8a TPAC ICCI
Thompson
3 4 5 6 7 8 9
3-5p Hagen Town 4p CA/Council 2p V&CB[Win] 8:30a Mayor/CA Ip Senior Program 3p-9p Council Goal 8a-12p Council
Hall l4thl Hagen Coffee Hauck Breakfast Board [HPI Setting(SOSCI Goal Setting
(Hagen/Reid) Thompson ISOSCI
7p City Council 12p Airport
ICC] Commission ICCI 7p Tree
Mayor Commission[JR]
LaWi
7:30p Historic
Commission[Ctrl
Hauck
10 II 12 13 14 15 16
4p CA/Council 1:30p Planning 8:30a Mayor/CA 12p Sluicing
Coffee Hearings Board Breakfnst Alternatives
(Wheeldon/HaIICk) [CC] Hagen Committee]Ctrl
7p Forest Hagen
7p Planning Commission ICCI
Commission[CC] Hagen/Reid 7p "Special"Traffic
Hagen Safety Commission
71,Council/ACH [CC]Lows
Board Study Session
[CC]
17 18 19 20 21 22 23
3-5p Hagen Town 41,CA/Council 121, Bicycle 8:30a Mayor/CA
Hell LlhJ H::,e:m Cotter C"nm'i:.iva ICCI Bmnkfna
(Thompson/Lnws) Rrid
121,Council Study
71,City Council Session ICCI
ICCI
14 21 ,h 27 28 29 70
C'luislnua Da) 121, Hospital Bonn) 8:30.,Mayor/CA -
(City Ilulida)) IACHI Afacnr Breakfast
31 1
1996 New Year's
Day (City Holiday)
"C U R R E N V
Kff-
Carmdl Linia-rmc
(L.ocations]:
CC = Council Chambers 1R = Jury Room MC = Media Center Win = Winchester Inn
Or = Commmnity Center ACH = Hospital HP = Hunter Park 41h = 4th Street Garden Gallery&Cafe
RC = Recycling Center MA = Mark Anthony Hotel
DECEMBER 1995
FEBRUARY 1996
S M T W T'"'F 'S3.
3 4 5 6 7 8 9 Q■ 4 5 6 8 9 10
1
10 11 12 13 14 15 16 , i■� w 11 12 13 15 16 17
17 18 19 20 21 22 23 v`—�• IS 19 20 21 1 22 Tf 24
24 25 26 27 28 29 30 25 26 27 28 29
SUN MON TUES; WED THURS' FRI SAT
31 1 2 3 4 5 6
New Year's Eve New Year's Day 2p V&CB(Win] 8:30a Mayor/CA Ip Senior Program 8a TPAC(CCI
(City Holiday) Hauck Breakfast Board[HPI Thompson
3-5p Hagen Town
Thompson
Hell 14th)Hagen 12p Airport
7p City Council Commission(CC] 7p Tree
ICCI Mayor Commission[1R1
La.s
7:30p Historic
Commission[CIrI
Hauck
7 8 9 10 11 12 13
4p CA Coffee 1:30p Planning 8:30a Mayor/CA 7:30a Chamber
w/Council Hearings Board Breakfast Board [Win]Mayor
(Hagen/Reid) [CC]Hagen
7p Forest 12p Sluicing
7p Planning Commission ICCI Alternatives
Commission ICCI Hagen Conanillee lCrrl
Hagen Hagen
14 15 16 17 18 19 20
3-5p Hagen Town Martin Luther 12p Bicycle 8:30a Mayor/CA
Hall (4thl Hagen King,Jr.'s Commission(CC] Breakfast
Birthday Holiday Reid
(City Holiday) 12p Council Study
Session ICCI
12p MLK. Jr.'s
Birthday
Celebration ISOSCI
21 22 23 24 25 26
27
4p CA Coffee 12p Hospital Board 8:30a Mayor/CA 7p Traffic Safety
w/Council IACHI Mayor Breakfast Commission ICCI
(Laws/Hauck) Laws
7p Conservation
Commission(CCI
Hagen
28 29 30 31
4p CA Coffee
w/Council
(Reid/Thompson)
°TENTATI VEa
Key_
Council Liaisons
ILocationsj:
CC = Council Chambers JR = Jury Room MC = Media Center,SOSC Win = Winchester Inn
Or = Community Center ACH = Hospital HP = Hunter Park 41h = 4th Street Garden Gallery Ai Cafe
RC = Recycling Crater MA = Mark Antony Hotel
ASHLAND PLANNING COMMISSION
MINUTES
OCTOBER 24, 1995
CALL TO ORDER
The meeting was called to order by Vice Chairperson Steve Ammtage at 7:05 p.m. Other Commissioners
present were Howe, Cloer, Finkle, Giordano, Bingham, and Bass.
APPROVAL OF FINDINGS
The Findings for Planning Action 95-101 were approved.
PUBLIC FORUM
Armitage expressed a concern that he would like to see the public more involved in the planning
process and that the Commission should perhaps be more proactive In educating the public. He would
like to see this topic as an agenda Item in the future.
Cloer did not like the idea of rushing a motion. He moved to reconsider the rewriting of the ICCA
Findings. Giordano seconded the motion and everyone approved.
PUBLIC HEARING
PLANNING ACTION 95-100
REQUEST FOR A SITE REVIEW TO CONSTRUCT A 10,610 SQUARE FOOT OFFICE/WAREHOUSE
LOCATED AT 25 MISTLETOE ROAD
APPLICANT. CRAIG BLACK
Site Visits and Ex Parts Contacts
All Commissioners had a site visit except Armitage.
STAFF REPORT
Madding described the proposal as outlined in the Staff Report Staff believes the application complies
and recommends approval with the attached seven conditions. The action was called up for a public
hearing by a neighbor because of solar access and found to be In compliance.
Howe wondered If under Condition 6 the gate was locked or unlocked. Molnar indicated it was to be
unlocked.
PUBLIC HEARING
CRAIG BLACK, 125 Nob HAI
JOHN TERMAN, 4300 Highway 99 South, Designer
Black explained they were constructing a building to house an audio book business. Their company
duplicates tapes and malls them ouL There are Just a few people that visit their showroom. Their 11
employees conduct most of their business over the phone.
Terman said the front face of the building was designed with a little more detail than normal in order to
give a nice appearance from the street.
Howe noticed that on the west elevation the block Is broken up with brick and is nicely articulated,
however, on the east side, there is no vertical articulation. Black said a block wall will be erected
eventually and nothing will show on the east side. Howe said the east side could be seen drNing down
Siskiyou Boulevard. She wondered if the design could be done on the east side as well as the west
side. Temtan noted there is a structure next door that also blocks the east side of the building.
GLORY BLACK, 35 Mistletoe Road, read her letter Into the record. Giordano questioned Black about the
trees and Black responded that they are black walnut trees on Craig Black's property that have not been
maintained lately by the owner. She conceded that the trees do shade her house somewhat but the
trees are messy with bugs and sap. G. Black's sunroom is approximately 12 feet east of the trees.
Light filters through the trees but won't filter through a building.
RON THURNER, 1170 Bellview, objected only to the pedestrian condition (Condition 6) because this is a
warehouse setting and he is concerned with security. He hoped this would not become a standard in
the light Industrial zone.
Staff Response
Molnar explained that city ordinances require that all buildings have pedestrian access whether
residential or commercial from a public sidewalk to an entrance of a building. The Idea of tying Into the
neighboring property was optional.
There was a typographical error on page 3 of the Staff Report. The required solar setback from the rear
of the building is ten feet, not 39 feet. (Calculated at a Class B.)
Finkle strongly favors mixing residential and commercial In the City. It Is difficult for Finkle to visualize
how this building will look when complete and what Impacts it will have on the neighboring property.
Molnar said in calculating solar access, In the summer, the sun is higher and shading won't occur to the
neighboring property that much. A few years ago there was a concern that there be an Inventory of E-1
land that was light industrial with a potential for residential use when appropriate. In E-1, design
standards are not scrutinized as much.
Giordano was not as concerned with solar as with taking the opportunity to mitigate the Impact to the
neighbor through design features such as additional windows and a vertical wall instead of a Wank wall.
Rebuttal
Craig Black said there are trees across the street from Mistletoe that cast a shadow on the neighboring
property (not black walnuts). He did not feel they would be stealing much of G. Black's light.
Terman said there Is a hedge along the entire brick section. Black said they limited the windows on the
blank wall because they did not want the neighbors to feel they were peaking Into their yard but If it
would appease the neighbors they would be glad to add design features and they also plan to maintain
the black walnut trees and the property. They just took possession.
COMMISSIONERS DISCUSSION AND MOTION
The Commissioners did not have any concerns about solar and the majority thought the neighbor would
ASHLAND PLANNING COMMISSION 2
MINUTES
OCTOBER 24,1995
i
benefit by using design features such as vertical columns and windows on the east sloe.
goer moved to approve Planning Action 95-100 adding a condition that a window or windows be added
to the second story of the office portion of the east side of the building. Add a condition that a design
feature be added to the office portion of the east side of the building to mitigate its massing effects. Add
to Condition 6 that the gate remain unlocked at all times. Howe seconded the motion and it carried
unanimously.
STUDY SESSION
The study session continued with revisions to the Procedures Chapter being distributed and changes to
the bike parking ordinance.
APPROVAL OF FINDINGS (PA 95-101)
The Findings were approved as corrected. The Commissioners asked that the finding regarding parking
be dropped.
ADJOURNMENT
The meeting was adjourned at 11:00 p.m.
ASHLAND PLANNING COMMISSION 3
MINUTES
OCTOBER 24,1995
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
OCTOBER 10,1995
CALL TO ORDER
The meeting was called to order by Vice Chairman Stave Armitage at 7:05 p.m. Other Commissioners
present were Finkle, Cloer, Carr, Howe, Bingham, Giordano and Bass. Jarvis was absent. Staff present
were McLaughlin, Molnar, Madding and Yates.
APPROVAL OF MINUTES AND FINDINGS
The Minutes of the September 12, 1995 meeting were approved.
Carr moved to approve the Findings with a correction to Planning Action 95-102 by adding the words
'meets all the criteria of 18.88 and 18.72'. Bingham seconded and all approved.
PUBLIC FORUM
Bingham showed a video on world population.
TYPE II PUBLIC HEARINGS
PLANNING ACTION 95-101
REQUEST FOR A CONDITIONAL USE PERMIT FOR A PROFESSIONAL OFFICE (COUNSELING) AT
144 NO. SECOND STREET. THE OFFICE WILL PROVIDE A VARIETY OF SERVICES FOR
DISADVANTAGED FAMILIES AND INDIVIDUALS IN THE ASHLAND AREA.
APPLICANT: INTERFAITH CARE COMMUNITY OF ASHLAND (ICCA)
Site Visits and Ex Parts Contacts
All Commissioners had a site visit and also received a letter and Railroad District Infill Strategy draft from
Jackie Sims. Cloer noted parking spaces and he left a list of questions with Sue Crader.
STAFF REPORT
Molnar reported this action is subject to a Conditional Use Permit and notices along with the criteria
were mailed to property owners. The Staff Report contains details of the proposal to locate a
professional office (resource center for disadvantaged famlies in the area) with the primary use as
counseling. Given the modest size of the building, the use would be similar to the target use of the zone
(duplex). With regard to traffic Impacts, the applicant has submitted information about their clients and
their modes of travel. Based on those figures, the majority of people seeking services use transit or
walk.
Many letters have been received In opposition to the proposal. Major concerns are: that the office will
be dosed at 5:00 or 6:00 p.m. leaving the house dark after hours, that clients might lofter on or around
the property while wafting for the office to open, and that it would be positive to maintain some type of
residential component on the site.
The Historic Commission recommended approval of the application by a vote of 4-2. Conditions
Imposed were: review of the operation in a year and wanting to review the handicap accessible ramp.
!I
Staff has recommended approval of the application with the attached three conditions.
Cloer noted that Jim Lewis and Bill Emerson, Historic Commissioners, raised the Issue of the house
being dark for 16 hours a day and wanted Staff to address the Issue. Molnar said it would fall under
criteria (g) with opportunities to address the Issue through lighting on-site. It had been suggested that
the conversion of the garage to a residence would give a residence on-site, however, Cloer thought this
would not alleviate the problem of the main house being dark for 16 hours a day.
McLaughlin explained that neither the Planning Commission nor the City Council has received the
Railroad District Draft Infill Strategy. The summations made In that report were by the consultant. The
document Is informational but carries no legal weight in setting new criteria, ordinances, etc.
Staff feels the use the applicant's are proposing falls under personal service establishment or
professional office.
PUBLIC HEARING
CAROLYN JOHNSON, 450 Thornton Way, ICCA Board Chair
SUE GRADER
Johnson gave some history of the ICCA, stating that their current office is located at the Seventh Day
Adventist Church under a lease agreement. ICCA received block grant funds to purchase a site. After
looking at 15 sites, ICCA settled on the 2nd Street location because it is dose to a bus line, accessible
for the disabled and it is a one story structure in good repair and the seller has been willing to wait while
they go through the process.
Crader stated that ICCA's current space Is small and private counseling space is desperately needed.
The neighbors in the current location have not even realized ICCA Is operating. They are open about
300 days a year with approximately 10 clients per day. At the proposed site, Crader would expect many
residential activities to occur such as children playing In the back yard, people mowing and weeding.
There Is an ant14oftering rule. Most people ICCA serves are trying to get on with their lives. Many
clients are referred to ICCA for services and are told the hours of operation. The police are trained to
bring referrals during business hours. There has never been a problem with people sleeping in the yard
or neighborhood. Ordinances are in effect to curb that problem. Crader added that HUD will not
release funds if a property is not in good repair and the property cannot be leased. This property is in
the appropriate price range.
Howe Inquired about the motel voucher program and Crader saki that the motels are in various
locations and that sometimes clients are sent to Medford. Johnson said this facility will not ever be a
shelter. It Is cheaper to have motel vouchers than run a shelter.
Johnson noted how ICCA has tried for three years to provide shower facilities through the YMCA, sports
dubs, and others but to no avail. Also, ICCA Is giving out$500 a month in laundry vouchers. That
amount would be reduced If ICCA could provide laundry facilities. Crader added that the showers and
laundry services are supplementary and that only a certain number of people could use those facilities at
appointed times.
Finkle wondered how ICCA would feel about having some portion of the house or garage used for
ASHLAND PLANNING COMMISSION 2
REGULAR MEETING
MINUTES
OCTOBER 10, 1995 '
V
residential (someone living on-site). Crader was not sure how she would feel about asking someone to
make their home in an office, and funding to convert the garage could be a problem.
Crader mentioned the condition Imposed by the Historic Commission that a review be done at the end
of the year. That would seem redundant since what they would be granted is a Conditional Use Permit
and HUD might not release the funds If there was a chance after one year ICCA would not be using the
facility.
Those in favor of the application that do not wish to speak are:
MARY ALICE SHEPARD, 995 Park Street
WENDY PAULSEN 29 Summit Street, Medford 97501
JASON REBLONDO 29 Summit Street, Medford 97501
BECKY SMITH , 29 Summit, Medford 97501
GINA DALACG, JV/Ashland Teen Center, 29 Summit Street, Medford
In Favor
CHRISTINE O'CONNOR, 29 Summit, Medford, works at ICCA and she has now come to a better
understanding of families in need.
PAUL STEINBRONER, 114 Third Street, thanked ICCA for choosing
his neighborhood. His neighborhood is primarily commercial and residential. This use would be an
asset and serve a need.
TERRY SKiBBY, 611 Beach Street, Historic Commission liaison, stated the Historic Commission voted In`
favor of the proposal. They felt strongly it be reviewed In a year because it would address the neighbors'
concerns. There are no anterior changes except the wheelchair ramp and the Historic Commission
wanted to review the design for compatibility. After listening to the testimony, it seemed the use would
be similar to a home occupation.
Howe wondered about the one year review. McLaughlin said that could be added as a condition,
however, if there was a problem with the operation a hearing could be scheduled to review the operation
before a revocation hearing would be scheduled. Skibby said the one year review could possibly bring
up any changes to the historic nature of the community.
ADAM GEOVESE, 449 S. Ivy, Medford, OR 97501, Director of Catholic Community Services of Southern
Oregon stated that If this use Is not granted, it will have an Impact on the homeless and poor in the
Rogue Valley.
PAT SWARTWOOD, 77 Pine Street, said she has worked with the homeless for the last few years in
Medford. She noted that In the last 10 to 15 years the disparity between the 'haves' and 'have riots' is
Increasing. The homeless Issue is not going to go away. This community has an opportunity to create
some tools to help people here and not send them on to the next community.
FRANK LLOYD, 705 Willow, minister of the Christian Church at 318 B Street stated though he shares the
concerns of the neighbors, the absence of ICCA is not going to stop any problems In the neighborhood.
ASHLAND PLANNING COMMISSION 3
REGULAR MEETING
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OCTOBER 10,1995
He has a pile of applications in his office from those asking for help. They refer many to other agencies.
He believes ICCA is a resource that can significantly impact the disadvantaged population problem in
Ashland. The area has commercial use (dental office and traveller's accommodations). The church's
parking lot has a big light that shines on the parking lot and the applicant's house. With minimal work,
the lighting Issue can be addressed. He Is very much in favor of granting a Conditional Use Permit to
ICCA
Armitage asked about overnight camping in the church parking lot. Lloyd said they did not want anyone
camping in the parking lot, however, people have broken Into the church and found places to hide in the
building. That Is the situation as it exists now. The only resource Is ICCA and Individual faith
communities doing things Individually. Coordinated efforts work far better.
JOAN SZABOKY, 238 N. Wightman, is a volunteer of ICCA and Is on the board. In her experience,
giving services to those in need keeps the surrounding environment free of vandalism, crime, or
camping because those using the services will be afraid of losing those services. They respect the
building. They will abide by the rules set out for them. They will not lof<er If you tell them not to.
CHARLES STEELE, 83 N. Wightman, Is on the board of ICCA, and he has observed work of ICCA and
he is highly Impressed despite the fact that the Seventh Day Adventist Church has not been able to give
ICCA more space. Steele believes that with better facilities, they will be able to offer better and more
ineeded services.
PAULINE SULLIVAN, 525 Sheridan Street, has been associated with ICCA for many years. There has
never been a problem with the people or loitering at either the Episcopal Church or Seventh Day
Adventist Church. Because people are poor or out of work does not mean they are trouble makers.
CLAYTON GORDON, 436 Heiman, Is a regular volunteer with ICCA and did not believe the two areas of
concern that neighbors have are valid. Parking Is not a problem because most people arrive at ICCA on
foot or by bus. Also, he has not had anyone lofter or stay after the office Is dosed. Ashland desperately
needs this facility. The biggest problem now is that there is no shower and a shower Is needed before a
job interview.
LUCILLE COMBEST, 1208 Iowa-B, is a volunteer with ICCA and said that with more space volunteers will
be much more helpful. With regard to use of the house--Combest said the Commission should not look
at it as a monument to the past but look to those who are In need right now.
BETTY SWINNERTON, 292 Orange Street, Is a volunteer for ICCA and she has never been threatened,
abused, or heard unacceptable language at the facility. Everyone Is grateful for help.
FRED SHEPARD, 995 Park Street, has volunteered for ICCA and has found that those that give help end
up receiving so much back from those receiving the aid.
MARIE IRELAND, 1661 Clark Street, lives right across the street
from ICCA and works for St. Vincent DePaul. She has never had any complaints from anyone at the
Seventh Day Adventist Church. Only one car about once or twice a week park at the church. She favors
the application.
ASHLAND PLANNING COMMISSION 4
REGULAR MEETING
MINUTES
OCTOBER 10, 1995
i
ROBBI SIRINSKY, 740 Park Street, favored the proposal.
JOAN UNKOGLE, 1924 Mohawk, President of Ashland office of St. Vincent DePaul said she supports
ICCA and by granting the proposal tax dollars would be saved. The house ICCA wants to use on
Second Street Is zoned R-2 with half the area commercial use with a parking lot next door. Do we really
want a place like this in our town? Yes, we need a permanent facility and the time has arrived for us to
put our money where our mouth is.
In Opposition
LINDA FERGUSON, 228 B Street, Is concerned about the parking impact There is currently a lack of
parking in the neighborhood. There Is never enough parking on the street for the post office customers
or the other businesses currently in the neighborhood. She would ask that the applicant be required to
meet the parking standard.
JAME SIMS, 269 B Street, passed out the Draft IrdYl Strategy for the Railroad District stating it Is just a
draft. She was one of those who met to discuss the vision for the neighborhood nine months ago. The
neighbors overwhelmingly voted not to have anymore outright commercial uses in R-2 zones in the
neighborhood. There were concerns to retain the residential flavor and with the neighborhood vitality. It
Is not healthy for a neighborhood to have a large portion of the homes empty for the night. If this
application is granted there will be one home left on the east side of Second Street that is residential.
She would predict that house would soon request a Conditional Use Permit for a commercial use. Sims
thought If a lawyer applied for a CUP, the Commission would deny IL
Finkle asked Sims If the house were an owner occupied dwelling but served during the day as a
counseling service, would Sims still object Sims said If they met parking, traffic and all the concerns,
she would have less of an objection.
WILL BROWN, 139 Second Street, lives directly across the street from the applicant's property. He
agreed with everything Sims saki. He is at a loss for anything that fits the use the applkcard is asking for
in an R-2 zone. Brown read from the R-2 ordinance (CUP - Professional offices) stating the applicant fits
none of the uses. It comes closer to fitting a traveller's accommodation. He would find 'owner
occupied' acceptable. He would object to any Increase in non-residential use.
JIM SIMS, 269 B Street, noted that the application for the Yoga Center was turned down previously
because of Inadequate parking. How much more commercial does the neighborhood want? There
cannot be a good neighborhood watch with no people to watch. He cannot Imagine people coming to
ICCA to pick up their mail everyday. He envisions this facility expanding.
JOHN STOUGH, 276 B Street, lives across from the church parking lot and he Is concerned with
parking. With the post office customers and workers, there Is heavy tiaffic. What If the Use of the
proposed facility would Increase from 6,000 to 10,000 people?
Finkle thought Ashland Community Food Store and Cardwell's Market would have had a greater Impact
than this use but he has not heard anyone expressing concerns over these uses. Stough said those
businesses have had an Impact. There are even more people walking.
ASHLAND PLANNING COMMISSION 5
REGULAR MEETING
MINUTES
OCTOBER 10, 1995
STEVEN SACKS, 259 B Street, said the neighborhood is deteriorating as a place to live. Everytime the
Commission makes an exception to the zoning, another residence Is taken away, taking people out of
the neighborhood. In response to Finkle's question about the facility possibly being owner occupied,
Sacks said there is no one owner.
MEGAN LEE, 153 N. Second Street, is concerned about loitering since there Is already loitering at the
church. It does not matter what kind of business that was being requested for a Conditional Use Permit,
she would be opposed.
DEBBIE WHITALL, 350 B Street, said it Is a rare treat to be able to park in front of her house in the
summertime. She Is concerned with dW is coming before or after business hours. She feels It is
important for someone to Ilve on-site and the facility be owner occupied.
Staff Response
Howe wondered If it would possible for someone to access the rear yard without being seen and
wondered if there was a plan to fence off the connection between the house and the garage so it is not
accessible to the parking IoL Molnar said that has not been proposed by the applicant.
Giordano noted that after reviewing the Draft Intill document, he did not draw the same conclusions as
those testifying in opposition. He would Interpret this area as a fringe area, not residential. McLaughlin
said this area is dose to the downtown edge (page 9). It Is difficult to read the draft they were given by
Sims.
goer wondered whether or not more thinking through was necessary on this proposal. It seemed to
goer that the service ICCA Is providing to the community Is so Important that there should be city
participation in the decision. There are some terrific advantages In having the type of services offered by
ICCA in conjunction with the church. What about the city providing some facilitation for meeting both
the needs of ICCA and should this be approved, participation financially to meet the concerns of the
neighbors such as parking, on-ske living facilities?
Madding said it would be difficult under the parameters of the HUD to monetarly compensate the
neighborhood. ICCA would be welcome to come back through the process (block grant funding
process begins In February) and come up with residential characteristics. The City Is Involved with ICCA
by providing block grant funds and also looking at sites. They would like to see the funds expended
within this fiscal year (June).
i
Giordano.asked what some of the problems were with other sites. Madding said of the three she looked
at two were In relatively bad condition and would have needed rehabilitation to bring them up to HUD
standards. The other house off Lft Way, the seller was reluctant to wait for ICCA to go through the
Conditional Use Permit process.
Rebuttal
Johnson was willing to address the concerns of the neighbors by Installing a'see-thru'fence, and added
lighting at night They have three parking spaces and client vehicle trips per day are three. Three
thousand units of service have been given to 1,211 Individuals (not 3,000 individuals). The facility has to
ASHLAND PLANNING COMMISSION 6
REGULAR MEETING
MINUTES
OCTOBER 10,1995
be dose to the bus line. After hours, when people are in crisis, they call the Helpline and are toll
services are available through ICCA and the hour; of operation.
Crader said the police have offered to patrol the alleyways through the neighborhood. No mailboxes are
proposed for clients. All the ordinances are being met.
Bingham asked how many clients are seen at one time. Crader responded that the most would be two
families of five to sk Clients are usually spread out throughout the day.
Finkle asked about having a live-in person and Crader said it was possible, but it would be a disservice
to someone to have to live In an office space. She would rather convert the garage to a unit.
The Commission entered the letter from Judith Stevens Into the record.
COMMISSIONERS DISCUSSION AND MOTION
Armitage asked for a straw vote as to whether the Conditional Use falls under the R-2 zoning.
Bass thought it was questionable whether it falls under the categories listed. Nothing is listed, but it Is
similar to a combination of uses. Carr did not believe it fit.
Cloer thought it was similar enough to services. Finkle thought it fell within the general category as it
would be difficult to list every type of use.
Giordano, Bingham, and Howe felt it fit a use under CUP In R-2.
Has the applicant met the required burden of proof.for a CUP?
Finkle had a minor concern with Criteria C (2) because the parking situation is already so acutely difficult
In the area Cloer and Carr thought the use would generate more traffic than the targeted use.
Howe Is impressed with the pedestrian traffic this use will generate. She believed there should be some
mitigation to the neighborhood by way of adding two parking spaces in the rear in addition to the
required parking to allow for any increase in volunteerism or client Increase.
Bingham, Bass and Giordano had no problem with parking. Giordano disagreed that the lawn area in
the rear should be made Into parking.
Criteria C (5) - generation of noise, light and glare. Finkle believes there could be a potential concern
with steady or heavy use of the property. Carr agreed.
Criteria C (6) -development of adjacent properties. Bass looked at land use compatibility and he has a
big concern that this is a transitional block. This project could tip the block out of balance, Irrevocably.
Once this residence goes, the one ne)d door will and those across the street will be more valuable as
commercial. This street Is in jeopardy no matter what non-residential use goes In.
ASHLAND PLANNING COMMISSION 7
REGULAR MEETING
MINUTES
OCTOBER 10,1995
Giordano feels this property is on the fringe and is not convinced it Is residential. He would oppose the
proposal if it were a project on 'B' Street He would like to see mixed use, but that Is not the
application. He supports the application as it Is.
CARR MOVED TO CONTINUE THE MEETING UNTIL 10:30 P.M. ALL APPROVED.
Bingham believes this proposal Is not a commercial use and not a residential use; it Is something in
between. He has a problem that no one is living on the property.
Howe echoed Giordano's remarks. This Is a transition zone between commercial and residential
requiring that there be non-retall businesses that retain residential character in how they look and
provide the buffer in keeping it look like residential so there Is not a wall of retail changing to homes.
This particular property seems to be within the buffer zone to protect the rest of the neighborhood. If
she could draw a line it would be from the alley down toward W Street, not allowing anything without a
residence. It does not seem reasonable to expect a family to move Into the proposed house. There will
be a light shining from the church parking lot all night long and near a commercial area. The nature of
the ICCA does not seem to allow an owner to live on-sfte.
Carr agreed with Bass and said there are residences on the other side of the street and the Railroad
District has been chipped away at and she would like to see this not happen any more. She believes
there Is a better location for this use.
Cloer agreed with Bass and believes the Railroad District is on a critical balance. He came out of
neighborhood meetings with a personal judgment that no more CUP's or commercial should be allowed
In the Railroad District.
Bingham argued this is not a commercial use. Cloer said it will be obviously unoccupied for 16 of 24
hours.
Finkle also attended the Railroad District meetings and Independent of the draft document, he continues
to be concerned about the viability of the Railroad District as a residential area He would not want to
approve this application If it would cause a shift from commemial to w8l deRtial.
re>;dEn+ of 'YO
Armitage has heard from the neighbors this could be a change in livability and could not support this
use in the neighborhood.
Bingham wondered rather than denying the proposal,.what about adding a condition there be a
residential use on the property. After considerable discussion, it was deckled that might not be the best
option.
Howe moved to approve Planning Action 95-101 with the conditkms listed. Bingham seconded the
motion. The motion failed with Giordano, Howe, and Bingham voting yes'with Armitage, Carr, Finkle,
Cloer, and Bass voted 'no'.
Carr moved to deny Planning Action 95-101 based on the following Conditional Use Permit criteria not
being met: C. (b), (e), (f), and (g). Bass seconded the motion and it carried with Armitage, Carr, Finkle,
Cloer, and Bass voting yes'and Howe, Bingham, and Giordano voting 'no'.
ASHLAND PLANNING COMMISSION a
REGULAR MEETING
MINUTES
OCTOBER 10,1995
CARR MOVED TO EXTEND THE MEETING UNTIL 11:00 P.M.. ALL APPROVED.
PLANNING ACTION 95-099
REQUEST FOR A SITE REVIEW AND CONDITIONAL USE PERMIT TO CONSTRUCT A
PROFESSIONAL OFFICE. VARIANCE REQUESTED TO REDUCE A REAR AND SIDE YARD
SETBACK FROM TEN FEET TO SIX FEET.
493 NORTH MAIN STREET
APPLICANT: CATALINA PHYSICAL THERAPY BUILDING
Site Visits and Ex Parts Contactc
All Commissioners had a site vlsk. The letter from Jack and Pamela Evans was read Into the record.
STAFF REPORT
Molnar explained this is a request to construct an approximately 2,000 square foot, 1 1/2 story office
building. The Staff Report has additional details of the proposal. The only remaining design issue
Involves the applicant's use of vertical skiing Instead of horizontal siding as recommended by the
Historic Commission, thus reflecting building character more in keeping with the surrounding
neighborhood. With regard to the Variance request, there are some unusual circumstances justifying the
variance. The Historic Commission recommended approval of the application.
In response to Evans' letter, Molnar said he looked at the vegetation in question and there Is an
overgrown laurel hedge and a mature almond tree. A condition has been included based on review by
the Tree Commission that additional plantings would be required and precautionary measures be taken
to save the tree. Staff recommended approval with the attached six Conditions.
Howe wondered If the any of the existing retaining will remain. Molnar thought there was a new
retaining wall proposed.
PUBLIC HEARING
JANE RICHARDSON, 781 Liberty Street
KEN GOSLING, 777 Jaquelyn Street
DOYLE BRIGHTENBURG, 350 Phelps Street
Gosling said none of the retaining wall will be kept Richardson said they have no intention of removing
any plants unnecessarily.
Brightenburg said the parking back-up is tight. Some of the spaces to one side might be used by Staff.
The applicants said they were willing to work with the neighbors on landscaping in conjunction with the
neighbor's property.
Gosling said they would be using horizontal skiing.
JACK EVANS, P. O. Box 1293, Ashland, OR, said at least 80 percent of the vegetation is on their
ASHLAND PLANNING COMMISSION 9
REGULAR MEETING
MINUTES
OCTOBER 10,1995
property. The cut will come within 12 Inches from the
property line, and a local nurseryman toil Evans
that the existing plards will die under those circumstances. He asked a Condition be placed on the
applicants to continue the existing fence all the way to the curb and that the applicants remove all the
vegetation. If Evans' want to plant vegetation on their side, they can do so.
Giordano asked Evans if he would like a combination fence and vegetation. Evans said the problem Is
that the retaining wall will come back another four feet and M vegetation Is added, they will barely be
able to enter their front door.
Giordano suggested the applicant and Evans' could develop a landscape design.
Rebuttal
Gosling/Richardson proposed a combination fencing and vegetation with each party to share the cost.
McLaughlin suggested if the two parties can agree on preserving the vegetation or doing some work
jointly, that would be the most favorable solution. However, should that fag, there needs to be an
agreed upon plan, such as the fence.
COMMISSIONERS DISCUSSION AND MOTION
Bingham moved to approve Planning Action 95-M with the attached Condftions with a new Condition
5: 'That a site-obscuring fence along the western property line be installed. The applicant and
neighboring property owner are encouraged to cooperate on utglzing vegetation and plantings to
achieve the desired site-obscuring and noise attenuatkxL' The applicant and neighbor work together to
preserve wherever possible the existing vegetation (6). Should substantial amount of vegetation fag,
then a site-obscuring fence would have to be installed. (New Condition 5. Carr seconded motion.
Bass had a little concern about the 'encouraged to cooperate' phrase. McLaughlin said it Is only there
for guidance with the Condition requiring the fencing.
The motion carried unanimously.
OTHER
There will be a Study Session on October 24, 1995. Planning Action 95-100 will be heard at that time.
ADJOURNMENT
The meeting was adjourned at 11:10 p.m.
ASHLAND PLANNING COMMISSION 10
REGULAR MEETING
MINUTES
OCTOBER 10, 1995
i
ASHLAND PLANNING COMMISSION
HEARINGS BOARD
MINUTES
OCTOBER 10, 1995
CALL TO ORDER
The meeting was called to order by Vice Chairperson Steve Armitage at 6:35 p.m.. Other
Commissioners present were Giordano and Bingham. Staff present were Molnar, Knox, and Yates.
APPROVAL OF MINUTES AND FINDINGS
The Minutes and Findings of the September 12, 1995 were approved.
TYPE 1 PLANNING ACTIONS
PLANNING ACTION 95-111
REQUEST FOR A MINOR LAND PARTITION TO DIVIDE A PARCEL INTO TWO LOTS
242 W. HERSEY
APPLICANT: ARNOLD & MARY LOU GROSS
This appilcation.has been postponed.
PLANNING ACTION 95-019
REQUEST FOR A CONDITIONAL USE PERMIT FOR AN ACCESSORY RESIDENTIAL UNIT
1565 LILAC CIRCLE
APPLICANT: LYLE SMITH
This action was approved.
ADJOURNMENT
The meeting was adjourned at 7:50 p.m.
t
Gf AS4,
Memorandum
OREGO, ,.
November 15, 1995
�0: Mayor and City Council
raitti. Steven Hall, Public Works Director
11IjPtf: JUNE MONTHLY REPORT
Attached are the detailed reports from the Engineering, Street and Water Quality
Divisions. This is my last report to you. I wish the City of Ashland well!!! 9
8 9 8 e 8 9 8
DIRECTOR'S ACTIVITY SUMMARY
October 1 through October 31, 1995
• October 2-4 - Vacation
• October 9 - Bear Creek Coordination Council meeting in Medford. Jim Olson
will be assuming responsibilities for Ashland.
• October 10 - Meeting with Engineers and Contractor on filter plant construction
progress.
• October 12 - Sluicing Alternatives Committee meeting
• October 17 - Jim Olson, Pam Barlow and I met with Airport Commission
subcommittee to discuss requirements and standards for ground leases on newly
developed 22 acre parcel.
• October 18-20 - Attended American Public Works Oregon Chapter conference at
Welches, Oregon. Received William A. Bowes service award.
40 October 23 - Meeting with Engineers on filter plant progress.
June Monthly Renort - Page Two
• October 24 - Meeting with Engineers, Brian Almquist, Jim Olson and Dennis
Barnes to discuss current*status of contract funding and to date costs.
is , • � .,
r • , " . October 25 - Meeting with Fixed Base Operator Bob Skinner, Mike Mooney from
Valley Oil and Pam Barlow to discuss fuel tank replacement at airport to meet
new standards from DEQ and EPA.
• October 30 - Meeting with Airport lease subcommittee and Pam Barlow to
flnalyze standards and requirements for leases on newly developed 22 acres.
October 30 - Meeting with Dennis Barnts and Jim Olson finalyzing-new water
standards.
• October 31 - Attended Jackson-Josephine Transportation Committee meeting in
Central Point with Jim Olson and Pam Barlow.
Enc: Monthly reports
ENGINEERING DIVISION v
MONTHLY REPORT FOR:
October, 1995
1. Issued 18 Street Excavation permits.
2. . Issued 0 Miscellaneous Construction permits.
3. Issued 1 Address Change or Assignment form.
4. Responded to 17 Certificates of Occupancy reviews.
5. Completed 12 Pre-applications for Planning Actions.
6. Completed 7 "One-Stop" permit forms.
7. Performed field and office checks on 5 partition plats.
8. Reviewed and approved a plan for the improvement of the east side of Clay Street.
9. Conducted interviews for replacement of an engineering technician.
10. Attended neighborhood meeting regarding the improvement of Tolman Creek Road.
11. Attended meeting with Bureau of Land Management and Talent Irrigation District
regarding water rights.
12. Updated City wide water and sewer utility maps.
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. Attended a neighborhood meeting regarding proposed traffic calming measures on
Oak Street.
15. Performed the following work pertaining to the improvement of Fordyce Street:
a. Met with staff to discuss possible traffic calming measures.
b. Drafted plan of proposed street improvement.
C. Revised plan of proposed improvements.
PAGE 1- xpq
16. Performed following work pertaining to Oak Knoll Meadows Subdivision Phase IV:
a. Conducted final inspection.
b. Approved final payment.
17. Administered contract for the clearing of the irrigation/storm drain ditch along North
Main Street.
I& Approved plans for the improvement of North Mountain Avenue.
19. Approved plans of the proposed extension of Ivy Lane.
20. Performed the following work regarding Dogwood Way:
a:' Prepared estimate of the cost of improving the street.
b. Revised plan of street dedication.
C. Corresponded with property owners regarding dedication.
21. Reviewed and approved proposal to provide water pipe design software.
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. 6.
e. Approved change order No. 5.
24. Requested additional work be done to complete Terrace Pines Subdivision.
25. Performed the following work on the 1995 Miscellaneous Concrete Project:
a. Sent letter to School District requesting help in financing.
b. Submitted project to bid.
C. Met with property owners.
d. Opened bids and prepared report.
26. Performed the following work pertaining to Mountain Meadows Subdivision:
a. Approved project improvement plans.
b. Held pre-construction conference.
C. Issued notice to proceed.
d. Inspected work performed by contractor.
27. Attended Bear Creek Water Quality Advisory Meeting in Medford.
28. Updated City base maps by adding new subdivisions and tax lots.
29. Contacted landscape contractor to install slope protection materials along excavated
areas on Strawberry Lane.
PAGE 2-c=:w&ino"Amwtldr.RP0
30. Performed the following work regarding the storm drain improvements planned along
the Billings property at North Main Street:
a. Completed topo survey
b. Prepared map of site showing existing features.
C. Began design of a ditch line.
31. Operated traffic counters at various intersections.
32.. Performed the following work on the Oak Knoll Golf Course Parking Lot construction
project:
a. Conducted final inspection.
b. Approved contractor payment.
33. Updated F.A.A. advisory circular files.
34. Performed the following work on the North Mountain Avenue Improvement Project:
a. Prepared letter regarding cost allocation.
b. Approved contractor payment.
C. Inspected work performed by Contractor.
35. Performed the following work at the Ashland Municipal Airport:
a. Inspected contract work.
b. Prepared third progress payment.
C. Prepared Change Order No. 2.
d. Completed final pay quantities.
e. Layed out fence location.
f. Prepared "punch list" of work to be completed.
36. Performed the following work on the Railroad Village Subdivision L.I.D.
a. Inspected work performed by Contractor.
b. Prepared progress payment.
37. Prepared memo regarding a proposal for required language to be placed on survey
plats.
38. Continued surveying for a City land partition on Terrace Street at Loop Road.
39. Performed the following work on the King Partition:
a. Issued notice to proceed.
b. Inspected work performed by contractor
PAGE 3-c=:cog m=%�tniy.RPq
Water Quality Monthly Report
October 1995
rt•Yin
The following,, is a report of
the ,colTective' activities of
various sub-divisions of the
Water` Quality', Division. This
report is,'.only; concerned with
the significant; activity
within •tliese: divisions.
WATER
Leaks: . ' Repaired three leaks in city owned water mains and
five leaks in customer service.
Meters: Installed eight 3/4" meters with hand valves,
changed out eight 3/4" meters and one 1" meter.
Fire Hydrants: Removed four abandoned fire hydrants on N.
Main, and repaired fire hydrant on Sheridan
that had been hit by a car.
Services: Installed twelve new 3/4" water services, replaced
two 3/4" water services on N. Main St, and nine
3/4" on N. Mountain Ave.
Mains: Chlorinated 300 feet of new water main on East
Main near Wedgewood, 2 , 900 feet of 12" water main
in N. Mountain Ave. between Hersey St and E.
Nevada St. , and 320 feet of 8" water main off
Scenic St. near Grandview Drive.
Connected new 12" water main at N. Moutain Ave and
East Nevada St. , replacing old 6" water line.
Installed 8"Pressure Reduction Valve with 4" By-
Pass and vault on new 10" water main coming from
Strawberry Lane Reservoir to upper end of Westwood
Street.
Pump Stations: Performed weekly inspection and maintenance
on four booster pump stations.
Telemetry: Prepared fourteen remote sites to be switched
from modem to FM radio. Work included
installing transmitters and antennae.
SEWER
Repairs: Made repairs to seven sanitary service
lines/mains.
Installations: Installed two new sanitary sewer manholes and
one .4" sanitary sewer service.
Maintenance: . . Jet sodded 40, 638. feet of various sized
sanitary sewer mains, using '84,000 gallons
of water.
TREATMENT FACILITIES:
The;.Water: Treatment Plant treated 56.84 million gallons of
drinking water for our community,. and the Water Pollution
Control Facility treated 49.40. million gallons of water.
MISCELLANEOUS
There were 107 requests for location of water and sewer
utilities during the past month.
(CAWat"%MMrY OCQ
City of Ashland
Street Division
October 1995 Report
SWEEPERS (2) :
Swept 618.9 miles of streets.
Collected 286 yards of debris.
Responded to 107 utility location requests.
Graded several streets and alleys.
Patched potholes and sunken services.
Began exposing, raising and patching manholes/valves/monuments/lamp holes in
conjunction with our re-surfacing program just completed: Raised during
October: 5 man-holes, 16 valve boots, 5 monuments and 2 lamp holes.
Hauled 15.55 tons of sand/gravel mix for concrete from LTM to B St. .yard.
Widened Alta to 20 ft. above Wimer for 150 ft. , pulled (dug) a new drainage
ditch and placed 12.28 tons of 4 inch shale rock in the new ditch.
started running 2nd Sweeper on Monday, October the 16th, due to falling
leaves and in general just getting behind.
Placed asphalt grindings and tack-coat on Larkin Ln. .
Placed asphalt grindings and tack-coat for 100 feet in alley above Ashland St.
between Beach and Liberty.
Graded Mohawk and applied remaining tack-coat.
Cleaned and winterized distributor truck.
Hauled 190 yards of sweeper debris to the dump site.
Hauled material to, cleaned out 8 cross-over drains and graded the reservoir
road from the dam to the West fork of Ashland Cr. .
STORM DRAINS:
Flushed and/or rodded several storm drain systems.
Cleaned off catch basin grates.
Cleaned out 00 catch basins.
Began installing 5 catch basins in the Oak Lawn/Alicia/Sylvia St. area to
complete the new storm drain system just installed.
Heavy rains on the 3rd. . .Had a few flooding problems.
Cleaned drainage ditch on Almond off Church St. .
Poured new floors in existing catch basins on Elkader/Ashland and Iowa/Meade.
Filled in a wash-out on a storm drain on Otis St. .
Conducted camera test on Church St. storm drain from Scenic to Almond.
Located our storm drain on Maple above Catalina for installation of a new
catch basin.
Poured a new floor in the catch basin on Summit below Hillcrest.
Conducted monthly water testing at 7 locations on Ashland Creek and 3
locations on Bear Creek.
Located end of storm drain on Sleepy Hollow.
Pot-holed (exposed) under-ground utilities on Maple above Catalina for new
catch basin and short storm drain tie-in.
Repaired broken storm drain on Summit St. above Meade.
SIGNS and PAINT:
Continued 2nd painting of the cross-walks downtown and on Siskiyou Blvd. per
City Council directive. Also stop bars, "ONLY" in left turn areas on Siskiyou
and on "66", etc. . Quit painting on Friday, October the 13th. .
Installed a 25mph sign on Tolman by the Bellview Church.
Removed the Handi-Cap sign from 14 "B" St. . .
Installed a Handi-Cap sign at 185 "B" St. .
Painted the first parking space yellow north of the entrance to Albertsons
on Tolman per TR-08-1995.
Replaced the short wooden sign post with a longer steel post on Church at No.
Main. Also replaced the stop sign.
Replaced missing 15mph on Winburn Way by the upper duck pond.
Removed the authorized parking only sign and post from Oak St. Tank and Steel
on "A" St. at Oak St..
Crew attended "Deferred Comp." meeting on the 16th. .
Crew attended "SERVICES" for Trudy Donovan on the 17th. .
Re-set sign post at 149 Pioneer.
Straightened 4 hr. parking sign in parking bay on Siskiyou south of Sherman.
Painted curbs yellow on Holly at Guthrie and on Auburn at Iowa for vision
clearance.
Removed 4 hour parking signs from all parking lots and from Winburn Way.
Made for Police Dept. for halloween day parade: 4 x 8 ft. sheet of plywood,
painted it orange and in black letters: DOWNTOWN PARADE IN PROGRESS---SUGGEST
HERSEY ST. DETOUR---1 BLOCK AHEAD".
Re-set parking sign on Hargadine at lot. .
installed "STOP AHEAD" signs (2) on either side of Church St. at Scenic Dr. .
MISC. :
Completed preparation of the Oak Lawn/Alicia/Sylvia St. area for paving by a
private contractor.
Completed clearing brush, moving pipe and filling low areas (290 yards of
granite) for future fence along the rear of our pipe yard on Glenview Dr. .
Also: removed and hauled off several old appliances, wood stoves and misc.
junk that had been dumped over the edge over the years at the back of the
yard. Removed the old fence (291 ft. ) along the front and had a new fence
installed.
Delivered 6 barricades to the Re-Cycle Center on Water St. on the 6th. for the
week-end and picked them up on Monday the 9th. .
Repaired sidewalk at BlueBird park using 1 yard of cement/sand slurry.
Back-filled behind new pavement in the Oak Lawn/Alicia/Sylvia St. area using
35 yards of screened granite.
Dug, formed and poured concrete runway for the 2 roller gates at our asphalt
re-cycle yard.
Cleaned up parking/storage shed at our "B" St. yard.
Picked up several dead animals.
Hauled off brush and blackberries from Hersey/Laurel that were cut by S.O.S.C.
students over the week-end (10-21) .
Cut and hauled off brush from alley above Iowa between Beach and Liberty.
Repaired lighted barricades and returned rented ones to Ashland Rental.
Helped in shop when needed.
Cleaned up equipment and facilities on a weekly basis.
Held monthly safety meeting.
(c:4��"mreoc)
City of Ashland
Fleet Maintenance
October 1995 Report
3 mechanics completed work on, 100 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. divisiori basis.
The--emergencyigenerat ors at City Hall and the: Civic Center were .
,-manually teste& on a weekly basis.
I and M certificates issued for the month:
City of Ashland: 1
(c:\e4tG\e6mortoe)
t4,of ASAi , City of Ashland
OFFICE Of Tt1E MAYOR
.,_ 20 E. Main Street Ashland, OR 97520
GREGG�.`
CATHY GOLDEN
MAYOR
(503)482-3211
November 13, 1995
TO: City Council Members
FROM: Mayor Golden r-'
SUBJECT: Commission Appointments
Confirmation is requested for Martin Jacobson's appointment to the Airport Commission
and G. Philip Amuld's appointment to the Forest Commission. These were the only
applicants for the positions. Their letters and r6sum6s are attached. The advertisement for
the positions is also attached.
-- (rco \appt.m )
Attachments
K
YOUR CITY NEEDS YOU!
The City of Ashland has one position open on the Airport Commission and the Forest
Lands Commission. Both positions have terms which expire April 30, 1997.
If you are interested in being considered for appointment to either of these volunteer
positions, submit your request in writing with a copy of your r6sum6 to Mayor Catherine
Golden at City Hall, 20 East Main Street, before Friday, November 3. Appointments
are expected to be made at the November 21 Council meeting.
PUBLISH: Daily Tidings, 10/16/95, 10/23/95
Revels, 10/26/95
Bill to PO# 12675
c/o Rhonda Moore
-
I
I
i
Martin Sol Jacobson U
1320 Prospect St.
Ashland,Oregon 97520 - - -- —
503-482-3154.. .
Mayoi Catherine Golden
_ City Hall - -
20 East MainStreei
�'Ashlaiid, Oregon 91520",
J Dear-Mayoi-Golden,' -
I am submitting my "resume and requesting your_'consideration for. ,an
appointment to the volunteer position on the Ai;pors Commission. ' s
Sincerely yours,
Martin'So acobson - y
. -
i _ J
V
Martin Sol Jawbson
1320 Prospect St: !
Ashland,'Oregon 97520
503-482=3154
Date of Birth: October 25,,1943' _ j
-Married to Yvonne Fried,M.D.
Children: Daniels age:14, Max age 11, David age 8
EDUCATION
/ Graduate of the Los Angeles Police Academy Reserve Officer Training Program; „,
Los Angeles, California_1981. "
Associate'of Science degree in Air Conditioning Engineering from Lo's Angeles
r - Trade Technical College;'_Los Angeles, Caldomia -1964' "
Graduate of U_ niversity,High School; Los Angeles;California 1961
MILITARY SERVICE
United-States Marine'CorpsReserve Program 1962-1968
_ Honorable Discharge. 1968
J
_± WORK EXPERIENCE
Irving R,Jacobson Artmefalwoiks' 1964-1992'
= Management; purchasing supervision of 8 employees in the fabrication
of metal related'producis'
Construction-of the medical office ofAshland;Center for Women's Health -
y Construction of 6 hangars at Ashland Airport
In association with-Yvonne Fried,M.D.the management of Ashland Center for'
Women's Health - -
FLYING EXPERIENCE
Licenses.held: Single engine, commercial; instrument rating l
Approximately;S 000 hours of flight time in twenty*e years of fauhless flying
in over 16 owned aircraft.
Committee member of the Santa Monica Airport Association involved in the
design and purchase of aircraft hangars. _ . -
DRESCHER & ARNOLD ! '
ATTORNEYS AT LAW
300 E. MAIN • P.O. BOX 780
ASHLAND, OREGON 97520
DRSCHER, P.C. TELEPHONE (503) 482.4935
ALLEN G. E
G. PHILIP ARNOLD
November 1, 1995 FAX (503) 482-4941
Honorable Cathy Golden, Mayor
20 East Main
Ashland, Oregon 97520
P
Re: Park Lands Commission
Cathy:
I would like to be considered for the vacancy on the
Forest Lands Commission.
Enclosed is a copy of a resume which needs updating.
Other than the fact that I am not presently on the City
Council, all items are correct.
Sincerely,
Cf Philip Arnold
n
GPA/amy
encl.
RESUME
June 1 , 1988
G. PHILIP ARNOLD
Work Address:
DRESCHER & ARNOLD
Attorneys at Law
300 East Main Street
P.O. Box 760
Ashland, Oregon 97520
( 503) 482-4935
Home Address:
876 Walker
Ashland, Oregon 97520
Birthdate: January 28, 1943
Married to: Polly Bingham Arnold, R.N. , M.S.N .
Director of Nursing Services
Ashland Community Hospital
Ashland, Oregon 97520
Three Adult Children
Education:
Lambuth College, Jackson, Tennessee, 1964 , B.A. History
University of Tenessee School of Law, 1971 , J.D.
Job Experience :
Methodist Minister, Cedar Grove, Tennessee, 1963-64
Training Coordinator Nepal 11, Hilo, Hawaii, 1966
Associate Director , Peace Corps Nepal, 1966-1969
Legal Services Staff Attorney, Memphis, Tennessee, March,
1972 - October, 1974
Associate Attorney and Partner , Ratner and Sugarmon,
Attorneys at Law, Memphis, Tennessee, October , 1974 - 1981
V
4
Executive Director, Jackson County Legal Services, Inc.
Medford, Oregon, June, 1981 - April, 1983
Partner in private practice with Drescher & Arnold
y Ashland, Oregon, April, 1983 - Present
Member, Ashland City Council, Ashland, Oregon, January 1,
1987 - Present
Admissions to Practice Law:
Supreme Court, State of Tennessee - 1972
Western District of Tennessee - 1972
United States Court of Appeals. for the Sixth Circuit - 1973
United States Court of Appeals for the Ninth Circuit - 1975
United States Supreme Court - 1977
Supreme Court, State of Oregon - 1981
District of Oregon - 1982
1."'Of AshQ City of Ashland
OFFICE Of THE MAYOR
20 E. Main Street Ashland, OR 97520
�4EOOa,
CATHY GOLDEN
H YOR
(503)4828211
November 17, 1995
TO: City Council
FROM: Mayor Catherine M. Golden
SUBJECT: Appointment of Interim Public Works Director
City Administrator Brian Almquist has recommended that Assistant City Engineer/City
Surveyor James Olson be appointed interim Public Works Director until a new director is
hired. Since Jim is not a registered professional engineer, he has also recommend that we
retain Paula Brown of RVCOG to serve as City Engineer. This will allow her to place her
professional engineering stamp on all engineering drawings produced by the City Engineering
Division and to assist Jim on specific projects or issues.
RECOMMENDATION: It is requested that the Council confirm the appointment of James
H. Olson as Interim Public Works Director.
(c MayorVHOAp1.mem)
League of Women Voters of Ashland
Position Statement: Homeless in Ashland
Nov. 21 , 1995
The Ashland Leave of Wcmen Voters believes that the citizens of Ashland
have a responsibility to help the homeless in the following ways:
1 . Programs for
a. those who are temporarily hormneless because they have lost their
jobs or have had other personal dif£iculities, and
b. young pecpl.e who have experienced various types and levels of
abuse and/or parental neglect;
2. The League supports programs that provide short-term and assistance/
maintenance intervention with focus on each individual case;
3. The League is concerned that the community is educeted about the
types of homeless served;
4. The League supports coalitions and cooper,tive. efforts among the
City and various public and private ar-encies and oreaniza.tions
to address the problem.
Anna. Hirst
Action Chair for The Lrarnre of
Women Voters of Ashland
f
CITY ATTORNEY
CITY OF ASHLAND
20 EAST MAIN STREET
(541) 482-3211, EXT. 59
MEMORANDUM
November 16, 1995
To: Mayor and City Council
From: Paul Nolte
Subject: Exemption from Competitive Bidding for the Design, Construction and
Operation .of the Ashland Demonstration Wetlands System Project
In order for the city to receive proposals from qualified firms to design;build and
operate the demonstration wetlands for the purpose of determining if wetlands are a
feasible method to utilize for the treatment of the upgraded wastewater plant effluent,
the contract must be exempted from competitive bidding. The main reason for the
exemption is that the actual cost of the design, construction and operation of the
wetlands system is just one factor in determining the most qualified
designer/contractor. Far more important will be the background and experience of the
firm who successfully submits a proposal for this project. Because this project
combines both the selection of a qualified engineer and a qualified construction
contractor it is difficult if not impossible to competitively bid this for an award to the
lowest bidder.
The selection of such firm will be determined by criteria set forth in a request for
proposals (RFP). These criteria will emphasize the experience of the firm in designing,
constructing and operating projects similar in scope, size or discipline; the
qualifications and backgrounds of the key personnel of the firm in these types of
projects and the process the firm proposes to use to design, build and operate a
wetlands system meeting the expectations of the city. The criteria will be quite specific
as to final product envisioned by the city. Cost will be a factor, but not the sole
determining factor in awarding the contract.
State law authorizes the city council sitting as the local contract review board
(pursuant to AMC § 2.50.030) to exempt certain contracts from competitive bidding if
the local contract review board finds:
"It is unlikely that such exemption will encourage favoritism in the
awarding of public contracts or substantially diminish competition for
public contracts; and
The awarding of public contracts pursuant to this section will result in
substantial cost savings to the public contracting agency. In making
such finding, the . . . board may consider the type, cost, amount of the
MEMO TO COUNCIL
NOVEMBER 16, 1995
PAGE 2
II contract, number of persons available to bid and such other factors as
II
may be deemed appropriate." ORS 279.015(2).'
II In making an exemption state law also requires that the local board:
"Where appropriate, direct the use of alternate contracting and
purchasing practices that take account of market realities and modern or
innovative contracting and purchasing methods, which are also
I consistent with the public policy of encouraging competition.
Require and approve or disapprove written findings by the public
contracting agency that support the awarding of a particular public
contract or a class of public contracts, without competitive bidding. The
V
findings must show that the exemption of a contract or class of public
V
V contracts complies with the requirements of (ORS 279.015(2)(a) and
h
(b))."
Because of the unique nature of the proposed project, the council is requested to
exempt it from competitive bidding for the reasons set forth above.
I
II IPAP\wed-..m l
III
u
�I The Ashland Municipal Code is quite similar:
�I
AMC 2 . 50. 030: "The contract review board may by resolution
p exempt other contracts from competitive bidding if it finds:
i
a. The lack of bids will not result in favoritism or
it substantially diminish competition in awarding the contract;
and
U
b. The exemption will result in substantial cost savings.
II
"In making such findings, the board may consider the
type, cost, amount of the contract, number of persons
available to bid, and such other factors as the board
may deem appropriate. "
III
I
�I
RESOLUTION NO. 95-
BEFORE THE CITY OF ASHLAND LOCAL CONTRACT REVIEW BOARD
RESOLUTION EXEMPTING FROM COMPETITIVE
BIDDING THE DESIGN, CONSTRUCTION AND LCRB RESOLUTION
OPERATION OF THE ASHLAND DEMONSTRATION
WETLANDS SYSTEM PROJECT
Recitals:
A. AMC § 2.50.030.13 permits the Ashland City Council sitting as the Local
Contract Review Board to exempt contracts from competitive bidding if it finds:
1. The lack of bids will not result in favoritism or substantially diminish
competition in awarding the contract; and
2. The exemption will result in substantial cost savings.
B. This ordinance provides that in making such findings, the Board may
consider the type, cost, amount of the contract, number of persons available to bid,
and such other factors as the Board may deem appropriate. Where appropriate, the
Board shall direct the use of alternate contracting and purchasing practices that take
account of market realities and modern or innovative contracting and purchasing
methods, which are also consistent with the public policy of encouraging competition.
C. In order to exempt a public contract from competitive bidding, the Board
shall adopt written findings that support the awarding of a particular public contract or
a class of public contracts without competitive bidding. The findings must show that
the exemption of a contract or class of contracts complies with the requirements of
AMC § 2.50.030.B.
The Board adopts the information contained in the memorandum from Paul Nolte to
the Mayor and City Council dated November 17, 1995 as findings justifying the
exemption. The Board finds that this exemption will not result in favoritism or
substantially diminish competition in awarding the contract and the exemption will
result in substantial cost savings.
The Board resolves that an exemption be granted as follows:
Design, Construction and Operation of the Ashland Demonstration Wetlands
System Project. This project is exempted from competitive bidding. The city shall use
requests for proposals (RFP) as the alternative method in selecting a qualified
designer/contractor/operator. The RFP shall set forth the specific criteria upon which
the selection shall be made and how the proposals submitted in response to the RFP
will be evaluated. The criteria will utilize the qualifications described in the
memorandum referred to above and shall be specific as to final product envisioned by
PAGE 1-LCBR EXEMPTION Ip:ord\w.t1wds.res)
n
the city. Cost shall be evaluated as a factor, but shall not be the sole determining ! .
factor in awarding the contract.
This resolution was read by title only in accordance with Ashland Municipal Code
i
§2.04.090 duly PASSED and ADOPTED this day of 1995.
i
Barbara Christensen, City Recorder
p SIGNED and APPROVED this _ day of , 1995.
II
�I
II
II
Catherine M. Golden, Mayor
Reviewed as to form:
Paul Nolte, City Attorney
u
tY Y
U ,
�I
I
i
PAGE 2-LCBR EXEMPTION Ip:ord\waUends.rm)
�I
V
CITY OF ASHLAND CITY HALL
ASHLAND,OREGON 97520
telePhWe(code 503)452-3211
November 21, 1995
Board of County Commissioners
Jackson County Courthouse, Rm. 200
10 South Oakdale
Medford, OR 97501
Gary Stevens
Department of Health
1005 East Main, Building A
Medford, OR 97504
The City of Ashland requests an extension of time of 21 days to provide comment on
the Mercy Flights Incorporated application to provide service in ASA 6 (South County).
Additional time to comment is needed for the reason that the application is incomplete,
and it is therefor difficult to finalize comments without additional information.
The application is incomplete in that it fails to designate where the exact locations of
the ambulances will be located. The city will be unable to make meaningful comments
regarding adequacy of the application and regarding compliance with the city's
comprehensive plan and land use ordinances until the location has been identified.
In addition, there appears to be insufficient information disclosed in the plan to justify a
30% increase in fees for advanced life support transports and over 30% increase in
fees for basic Irfe support. This is a dramatic increase unprecedented even for
medically-related costs. The city needs more time to analyze the application to
determine if such an increase is justified.
Finally, the city is in the process of adopting an ordinance regulating ambulances
within the city. As the ordinance must comply with the county's ASA plan, the city is in
the process of determining if the application complies with the ordinance. If the
application does not, the city needs to analyze if its ordinance is in compliance with
the plan.
Board of County Commissioners
Gary Stevens, Dept. of Health
November 21, 1995
Page 2
Unless this request for extension is granted and unless the city is able to determine
whether there is sufficient information in the application to justify the dramatic rate
increases, the city reserves its right to submit a competing application.
CITY OF ASHLAND
Brian L. Almquist
City Administrato
c: Mayor olderercyyFlights
uncilors
Ron Ty
Dan Marshall, J.C. Fire District #5
Keith Woodley, Fire Chief
Paul Nolte, City Attorney
(o:daily\waJtr)
1
'•.O4EGOa ,•
November 8, 1995
Q: Brian Almquist, City Administrator
r
TQIII: Steven Hall, Public Works Director
p�1t�jQtt. New Water Regulations
ACTION REQUESTED
City Council adopt attached ordinance setting revised water regulations.
BACKGROUND
The existing water regulations were adopted in 1971 via Ordinance 1676. The
regulations are archaic and need updating to comply with new technology and
federal and state standards.
Approximately a year ago Dennis Barnts and I began working on an update of this
basic document. Attached is the final product for which we recommend Council
approval.
In addition, the old regulations contained references to financial issues such
as billing and collections which have been replaced by new standards of the
Finance Department.
In essence, this is the "how to do it" manual for our potable water system.
encl: Draft Ordinance w/Attachment "A"
(c:Vpw\wLLrtEe.meM
ORDINANCE NO.
AN ORDINANCE PRESCRIBING THE REGULATIONS
GOVERNING WATER SERVICE BY THE CITY OF
ASHLAND, OREGON; REPEALING ORDINANCE NO.
1676, AND PROVIDING THE PENALTY FOR
VIOLATIONS.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The "City of Ashland Department of Public Works Water Regulations,"
attached to this ordinance as "Exhibit A," and incorporated into this ordinance as
though fully set forth, are the rules and regulations governing the use and sale of
water within and without the City of Ashland from the city's municipal water system of
Ashland, Oregon.
SECTION 2. Ordinance No. 1676, which pertains to water service regulations and
rates, is repealed.
SECTION 3. Every person who willfully violates any of the provisions of this ordinance
shall, upon conviction, be punished by a fine not to exceed $500.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of
1995, and duly PASSED and ADOPTED this day of
1995.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of 11995.
Catherine M. Golden, Mayor
Approved as to form:
Paul Nolte, City Attorney
PAGE 1 - ORDINANCE Wwd�.Mr- ",d)
CITY OF ASHLAND
DEPARTMENT OF PUBLIC WORKS
WATER REGULATIONS
EXHIBIT "A" TO ORDINANCE
PREFACE
Water service is furnished by the City of Ashland
to the residents and businesses of Ashland as per
the City Charter, Article XVI, Section 1.
SECTION 1: DEFINITIONS
ADMINISTRATOR: The City Administrator for the City of Ashland.
APPLICANT: An individual, firm, corporation or authorized agent applying for water
service.
AIR GAP SEPARATION: A physical separation between the free flowing discharge end
of City water system and overflow rim of an open or non-pressure receiving vessel. Size
of air gap shall be a minimum of twice the diameter of inlet pipe measured vertically
above the top overflow rim of the receiving vessel, but no less than one inch.
AMC: The Ashland Municipal Code.
ASSEMBLY: A device to counteract back pressures or prevent back siphonage. Device
must be in accordance with this ordinance and approved by the Oregon State Health
Division.
ATMOSPHERIC VACUUM BREAKER: A device which allows air to enter the water
system when pressure is reduced to zero or below.
BACKFLOW: The flowing back, .within a premises and/or private water system, of
water, gases, chemicals or foreign substances into the City water system. Backflow is
caused by a differential pressure existing between two different points within a
continuous fluid system caused by either backsiphonage or backpressure.
PAGE 1 - WATER REGULATIONS Ip:h20reps.or21
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i
BACKFLOW PREVENTION DEVICE: State approved device that prevents siphoning
or backflow of water, gases, chemicals or foreign substances from a private water
system, main, or water supply line to the City water system.
CHECK VALVE: A spring loaded, or internally weighted assembly intended to provide
a rapid and positive closure between customer and City water systems. A check valve
must seat readily, completely, and be constructed with free moving parts, assuring water
tightness. The base must be molded with synthetic rubber, composition or other non-
corrorlible material. Pins and bushings shall be of bronze, or other non-corrodible, non-
adhesive material, and machined for ease and dependability of operation.
CITY: The City of Ashland, a municipal corporation in the State of Oregon.
CONNECTION FEES: Fees specified by Council for the installation of a water service
line and meter.
COUNCIL: City Council for the City of Ashland, Oregon.
CROSS CONNECTION: A connection, directly or indirectly, to a private water system,
sewer, drain conduit, swimming pool, storage reservoir, plumbing fixture, swamp cooler,
or any other device that contains water, gases, chemicals or foreign substances that may
contaminate the public water system as a result of backflow or backsiphonage. Bypass
arrangements, jumper connections, removable sections, swivel or change over devices,
or other temporary or permanent devices in which backflow may occur are cross
connections.
CUSTOMER: Any individual, firm or corporation receiving water service from the
City.
CUSTOMER FACILITIES AND/OR EQUIPMENT: Facilities and/or equipment located
on customer's premises used for receiving, controlling, applying and/or utilizing City
water.
CUSTOMER CONTROL VALVE: A valve installed at or near the outlet of water meter
for use by customer to control water to premises.
DIRECTOR: The Public Works Director/City Engineer for the City of Ashland.
DOUBLE CHECK VALVE ASSEMBLY (DCVA): A spring loaded, or internally
weighted device consisting of two check valves located between two shut off valves.
DOUBLE DETECTOR CHECK VALVE ASSEMBLY (DDCVA): A backflow device
used to detect leakage or usage of water. A DDCVA is installed in a bypass
configuration consisting of a hybrid version of mainline Double Check Valve Assembly
(DCVA) and a smaller, factory installed, DCVA with meter.
FEDERAL: The United States of America, Environmental Protection Agency.
PAGE 2 - WATER REGULATIONS (p:h20,.gs.or2)
S
HYDRANT: A device providing City water for fire protection. Examples include fire
hydrants and standpipes.
MAIN LINE: A publicly owned and operated water line which serves more than one
customer. Water mains for residential areas shall have a minimum inside diameter of
six (6) inches. Water mains for non-residential areas shall have a minimum inside
diameter eight (8) inches.
OAR: Oregon Administrative Rules.
PREMISES: A customer's tract of land, structure(s) and/or building(s) receiving City
water service a through single water meter.
g
PRESSURE VACUUM BREAKER: An independent operating air inlet valve installed
as a unit between two closing shut off valves consisting of one or more spring loaded
check valves. An air inlet valve is internally loaded to open position.
PRIVATE WATER MAIN: A water main installed by customer to serve customer's
premises. A private water main may provide, but is not limited to, private hydrants,
private fire protection systems, landscape irrigation, multiple buildings or customer's
equipment.
PRIVATE WATER SYSTEM: Any water system for water supply other than the City
water system. Examples include wells, springs, ponds, streams and the Talent Irrigation
District water.
PSI (or psi): Pounds per square inch, a measure of fluid pressure.
REDUCED PRESSURE PRINCIPLE BACKFLOW PREVENTION DEVICE: A device
consisting of two independently acting check valves and a differential pressure relief
valve. This device shall be installed as a unit between two tight closing shut off valves.
During normal operation the pressure between the two check valves shall be maintained
at a lower pressure than the supply pressure. If either check valve should leak, the
differential pressure relief valve will maintain a pressure differential of not less than two
psi between the supply pressure and the zone between the check valves by discharging
water to atmosphere.
REGULAR WORKING HOURS: Winter from 8:00 a.m. to 4:30 p.m. and summer
from 7:00 a.m. to 3:30 p.m. Monday through Friday except holidays.
SERVICE CONNECTION: City owned water service line and water meter.
STATE: The State of Oregon Department of Health and/or Department of
Environmental Quality.
PAGE 3 - WATER REGULATIONS (p:hzoregs.orzl
I
TEMPORARY SERVICE CONNECTION: A service connection installed for circuses,
bazaars, fairs, construction work or similar short term temporary usage. Location to be
determined by City.
UNIFORM PLUMBING CODE: The latest edition of the Uniform Plumbing Code as
adopted and/or amended by the State.
WATER METER: A device for measuring water flow to water supply line housed in
an approved meter box and located between the water service line and water supply line.
WATER METER - EXEMPT: A water meter as defined above for a use that does not
return water to the City of Ashland sanitary sewer system. Such meters will be exempt
from sanitary sewer charges. Examples of exempt meters are meters used for
landscaping or a self-contained process such as juice or soft drink manufacture.
WATER SERVICE: The act of providing potable water by the City through a service
line and water meter to a customer. May also include a backflow prevention devise as
determined by the City.
WATER SERVICE LINE: The pipe, valves and appurtenances, located between main
line and water meter.
WATER SUPPLY LINE: A customer owned water line located between water meter
and plumbing on the premises.
WATER SYSTEM: The City owned and operated water system which includes, but is
not limited to, water treatment facilities, dams, reservoirs, pumps, water mains, fire
hydrants and appurtenances.
SECTION 2. WATER SERVICE LINE AND WATER METER
2.01 WATER SERVICE LINE.
2.01.01 LOCATION. The City shall install the water service line in a location
approved by City. Water service line shall be installed between water main and
customer's property line. If Customer requests an alternate location on
customer's property and City approves the location, an easement to the City shall
be provided by customer for location of City approved water service line or water
meter. Customer will pay all costs.
2.01.02 SIZE. The water service line size shall be in accordance with Uniform
Plumbing Code. Minimum size water service line shall be three quarters inch
('A") inside diameter. Diameter of water service line shall not be less than
diameter of water supply line.
PAGE 4 - WATER REGULATIONS ta:h20.e98.012)
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2.02 WATER METERS INCLUDING EXEMPT METERS.
2.02.01 LOCATION. A water meter shall be installed by City at the termination
of water service line. Water meter shall be located at property line on public
right-of-way or public property. If Customer requests an alternate location on
customer's property and City approves the location, an easement to the City shall
be provided by customer for location of City approved water service line or water
meter. Customer will pay all costs.
2.02.02 SIZE. The water meter size shall be determined by the City based on
the Uniform Plumbing Code and water meter manufacturer's recommendations.
The minimum size meter is three-quarters inch (3/") inside diameter and not less
than diameter of water supply line.
2.03 WATER METER ACCURACY. Customer may request a water accuracy test.
Prior to request being granted, customer shall deposit an amount with the City as
established by Council. If water meter accuracy test is within ± 5% of manufacturers
standard, customer shall forfeit deposit. If water meter accuracy check exceeds ± 5%
of manufacturers standard, City shall install a replacement water meter and deposit shall
be refunded to customer.
2.04 INSTALLATION CHARGES. Installation charge for water service lines and
water meters shall be established by Council.
2.05 SYSTEM DEVELOPMENT CHARGE (SDC): A reimbursement fee, a public
improvement charge, or a combination, assessed and collected as specified in Section
4.20.070 of AMC.
2.06 ACCESS TO SERVICE CONNECTION. Customer shall keep premises free from
any and all rubbish or material(s) which would prevent City free access to service
connection and water meter.
2.07 OWNERSHIP AND MAINTENANCE.
2.07.01 City is the owner of service connection. Authorized City personnel shall
install and maintain service connection at City expense. If customer damages the
service, customer is liable for all costs of repair and/or replacement incurred by
City. Customer shall be billed by City for all costs.
2.07.02 Customer is the owner of the water supply line and is responsible for
construction, repair and maintenance of the water supply line.
2.08 JOINT WATER SERVICE. City may, at City option, serve two (2) or more
premises with one water service line. The size of a joint water service line shall be
determined by the City based on Uniform Plumbing Code standards and water meter
manufacturer's recommendation.s.
PAGE 5 - WATER REGULATIONS (p:h20reos.or2)
2.09 SUB-METERS. Sub-meters are water meters installed by customer for the
convenience of customer. City will not furnish or read sub-meters.
2.10 CHANGE IN SIZE OR LOCATION OF WATER SERVICE LINE AND/OR
WATER METER. A customer requesting a change in location or size of a water service
line and/or water meter, shall be liable for all costs incurred by City as established by
Council. City shall approve all relocations.
2.11 WATER SERVICE LINE OR PRIVATE WATER MAIN. City shall discontinue
water service when a private water main or supply or private appurtenance(s) are not
constructed or properly maintained by the customer in accordance with City, State or
Federal laws and these water regulations.
2.12 CUSTOMER'S CONTROL VALVE(S). Customer is required'to install a control
valve(s) which controls water supply to customer's premises. Customer's control
valve(s) shall be located between City water meter and customer's water supply line.
The purpose of customer's control valve(s) is to provide customer with a method of
discontinuing water service to customer's premises.- Cost of furnishing and installing
customer's control valve(s) by City will be as established by Council.
SECTION 3. TEMPORARY SERVICE CONNECTION
3.01 TIME LIMIT. Temporary service connections shall be disconnected not more than
ninety (90) days from date of installation. An extension may be granted by the City upon
request from customer.
3.02 CHARGES FOR INSTALLATION. The customer shall be required to deposit
with the City the following goats—as established by Council:
�x9w�
3.02.01 Estimated cost of installation and removal of temporary service
connection.
3.02.02 Estimated cost of water served through the temporary service
connection.
3.02.03 Cost equal to the value of the temporary service connection.
3.03 REFUND OF CHARGES FOR INSTALLATION.
3.03.01 REFUND. If deposit exceeds City costs, the City shall refund customer
deposit less City costs to remove temporary service connection.
3.03.02 ADDITIONAL BILLING. If deposit is less than City costs, customer
shall pay the additional costs to City. Permanent water supply line shall not be
connected to water service line until costs are paid in full.
PAGE 6 - WATER REGULATIONS IP:QOre s.or21
3.04 CHARGES FOR WATER SERVED. Charges for water shall be based on standard
water rates established by Council.
3.05 RESPONSIBILITY FOR TEMPORARY WATER SERVICE. The applicant
and/or customer is responsible for all damage and/or maintenance required for temporary
water service beginning at the time of installation and ending at the time of removal by
City.
SECTION 4. HYDRANTS
4.01 USE OF HYDRANTS.
4.01.01 No person(s) shall tamper, damage or use water from a hydrant without
first obtaining written approval by Director or designee.
4.01.02 City owned hydrants exist outside the corporate City limits. The use of
such hydrants is restricted to City and authorized personnel only. Anyone
desiring to use these hydrants must obtain written approval from the
Administrator or designee.
4.02 RELOCATING HYDRANTS.
4.02.01 COST. If an applicant and/or customer requests relocation of a fire
hydrant, the applicant and/or customer shall be liable for all costs incurred.
- - 4.02.02 DEPOSIT. A deposit, in the amount of estimated costs of relocating the
hydrant, shall be required. If deposit exceeds actual estimated costs, applicant
and/or customer shall be refunded deposit less actual cost. If deposit is less than
City's estimated costs, additional costs shall be due and payable prior to
activation of hydrant.
4.02.03 FIRE DEPARTMENT APPROVAL. The applicant and/or customer
shall receive written approval from the Ashland Fire Department prior to
requesting relocation of a hydrant.
SECTION 5 RESPONSIBILITY FOR CUSTOMER FACILITIES AND/OR EOUIPMENT
5.01 CONDITION OF CUSTOMER FACILITIES. The customer shall install and
maintain, in a good and safe condition, all facilities and/or equipment required for
receiving, controlling, applying and/or utilizing City water. The City shall not be liable
for any loss or damage caused by improper installation, negligence, want of proper care,
wrongful act(s) of customer or customer's tenants, agents, employees, contractors,
licensees or permittees installing, maintaining, using, operating or interfering with
customer's facilities and/or equipment.
5.02 WATER SERVICE BILLING ADJUSTMENTS. No reduction in charges for
water service shall be made for any cause, including leaks, freezing or similar instances.
PAGE 7 - WATER REGULATIONS (p:h20reps.or2)
In circumstances, such as a break in the customer's facilities and/or equipment which is
beyond the customer's control and the customer makes an immediate and diligent effort
effort
to repair break as soon as possible after discovery of the break, the City, upon
request by the customer, may make an adjustment in water service charge. The
adjustment shall be based on previous years usage for the same billing period.
Adjustment shall not exceed 50% of the difference between current and previous usage.
All adjustments shall be made in accordance with AMC.
5.03 DAMAGE TO CUSTOMER FACILITIES. The City shall not be responsible for
damage to property caused by customer's facilities and/or equipment when or while water
service is in use by the City for repair or replacement of water mains, water services or
similar City owned and operated facilities relating to the production, treatment or
distribution of water to the customer's facilities. When possible, the City will make a
reasonable attempt to notify the customer of such activity.
SECTION 6. BACKFLOW PREVENTION
6.01 PURPOSE. The purpose of cross connection and backflow control is to protect
the City's water system from contamination or pollution due to existing or potential cross
connections.
6.02 CROSS CONNECTIONS REGULATED. All current or future cross connections
shall be installed, used or maintained in accordance with this Ordinance.
6.03 BACKFLOW PREVENTION ASSEMBLY REQUIREMENTS.
6.03.01 Customers adding chemicals or other substances to City water shall
notify the City immediately.
6.03.02 Approved backflow prevention assemblies shall be installed at the
location service connection or as determined by City certified cross connection
control inspector. Customer shall be liable for all associated costs.
6.03.03 Customer's water supply line and plumbing shall be open for City
inspection. City authorized representative shall determine if cross connections,
structural or sanitary hazards exist. Upon City's awareness of hazard, City shall
discontinue service to premises. Water service shall resume following correction,
inspection and City approval of customer's corrections.
6.03.04 Backflow protection shall be installed when cross connection exists.
Degree of hazard shall determine correction needed.
6.03.04.01 Premises with a private water system, connected or intended
to be connected to the City water system, shall be protected by an
approved air gap separation or an approved reduced pressure principle
backflow prevention device. The City discourages such cross connections
PAGE 8 - WATER REGULATIONS Ip:h20repe.or21
-
because of the high potential for backflow into the City water system.
The City reserves the right to refuse such connections:
6.03.04.02 Premises containing material dangerous to health, handled in
such a fashion as to permit entry into the City water system, shall protect
City water system by an approved air gap separation or an approved
reduced pressure principle backflow prevention device.
6.03.04.03 Premises using or storing objectionable substance, not
hazardous to health, shall protect the City water system by installing an
approved double detector check valve assembly or installing an approved
pressure vacuum breaker.
6.03.04.04 Irrigation systems may be protected by atmospheric and
pressure vacuum breakers. A double detector check valve assembly shall
be installed if systems are subject to flooding, backpressure, or if
compressed air is used to winterize system.
6.03.04.05 When water, gases, chemicals or foreign substances that may
�I contaminate the public water system as a result of backflow or
backsiphonage are placed in the system a reduced pressure principle
backflow prevention device, or an air gap separation shall be installed.
6.03.05 All City equipment using City water, within the City water system, shall
protect the water with an approved device. Examples are street sweepers, fire
trucks and tanker or flusher trucks.
6.03.06 Installation of backflow protection devices shall comply with the
installation guidelines defined in these rules.
6.03.07 Customer shall keep backflow prevention devices in good working
condition at all times. Customer shall have annual inspection and leakage tests
by an individual certified by the State. Additional inspections shall be required
when successive inspections indicate failure. Customer shall be financially liable
for inspections and tests performed by City or private certified individuals. City
shall be responsible for tests being completed in a timely manner. Defective
backflow prevention devices shall be repaired, overhauled, or replaced at
customer expense. All backflow prevention device testing records shall be
submitted to the City. Records of such tests, repairs and overhauls shall be
maintained by the City.
6.03.08 Existing backflow prevention devices which do not meet requirements
of these rules but were approved devices at the time of installation and have been
properly maintained, shall be excluded from the requirements of these rules
except for the requirement in subsection 6.03.07. The City water system must
be protected in a method as determined by City. Whenever an existing device is
relocated, device shall meet requirements of these regulations.
PAGE 9 - WATER REGULATIONS (a:h20reos.or2)
u
6.03.09 If internal cross connections are not correctable, or an intricate plumbing
arrangement makes it impractical to determine if a cross connection exists, City
shall determine backflow prevention device(s) required.
6.03.10 All installation(s) shall be in accordance with Uniform Plumbing Code.
6.03.11 All new construction plans shall be submitted to the Director or designee
for approval.
6.03.12 If a backflow prevention device is required to accomplish the purpose
of these regulations, installation shall be made by certified cross connection
specialist.
6.03.13 If appropriate cross connection application has not be filed with and
approved by the City, water service shall be discontinued.
6.03.14 Pursuant to State Health Division OAR 333-61-070 (6) (b), an approved
Double Check Valve Assembly (DCVA) shall be the minimum backflow
protection for fire line services.
6.03.14.01 A Double Detector Check Valve Assembly (DDCVA) is
required by City.
6.03.14.02 Systems that incorporate an antifreeze loop containing any
type of chemical shall have an approved Reduced Pressure Principle
Device installed on the antifreeze loop.
6.04 INSTALLATION REQUIREMENTS. To ensure proper operation and
accessibility of all backflow prevention assemblies, the following is required:
6.04.01 No part of the backflow prevention assembly shall be submerged or
installed in a location subject to flooding. If backflow prevention assembly is
installed in a vault or basement, adequate drainage shall be provided. .
6.04.01.01 DDCVA's may be installed below grade in vault, provided
plugs are installed in the test cocks.
6.04.02 Assemblies must be installed at connecting point of City water service
line. Alternate locations must be approved by the Director or designee prior to
installation.
6.04.03 Assembly must be protected from freezing and/or other severe weather
conditions.
6.04.04 Backflow prevention assemblies shall be approved by the State of Oregon
Health Division and City.
PAGE 10 - WATER REGULATIONS (p:h20regs.or2l
6.04.05 Assemblies specifically approved by the Oregon Health Division for
vertical installation shall be installed plumb.
6.04.06 Assembly shall be accessible for maintenance and testing. Devices 2"
and smaller shall have a minimum 6" clearance on all sides of device. All
devices larger than 2" shall have a minimum clearance of 12" on back side, 24"
on the test cock side, 12" below device and 36" above device.
6.04.07 Any assembly installed inside a premises shall be readily accessible
during City's regular working hours.
6.04.08 If an assembly is installed inside of premises, 4' above the floor, and
2'h" or larger, assembly must be equipped with permanently installed scaffolding
approved by the-City. Installation must also meet the U.S. Occupational Safety
and Health Administration requirements and the State of Oregon Occupational
Safety and Health Codes.
6.04.09 Reduced Pressure Principle Assemblies may be installed in a vault only
if relief valve discharge can be drained to daylight through a "boresight" type
drain. The drain shall be of adequate capacity to carry the full rated flow of the
device and shall be screened on both ends.
6.04. 10 An approved air gap shall be located at the relief valve orifice. This air
gap shall be at least twice the inside diameter of the incoming supply line as
measured vertically above the top rim of the drain and in no case less than 1".
6.04.If When a backflow device is deemed necessary by the City, the model of
assembly and installation plans shall be submitted to the City Water Department
for approval prior to installation.
6.04.12 Upon completion of installation, the City shall be notified and all
devices must be inspected and tested by certified personnel. All backflow devices
must be recorded with the City. Registration record shall consist of installation
date, make model, serial number of backflow device, and initial test report.
Any variances from these installation requirements shall be requested in writing by the
customer and approved by the Director or designee in writing prior to device installation.
6.05 ACCESS TO PREMISES
Authorized employees of the City (with proper identification) shall have access during
reasonable hours to all parts of the premise. If a customer refuses City access to premise
for the purpose of inspection (following reasonable notice) at a reasonable time, then
either a reduced pressure principle assembly shall be installed at the service connection
f to customer's premise at customer's expense by City. As an option, City may
discontinue water service to the premises.
PAGE 11 - WATER REGULATIONS iv:h2orecs."r2i
6.06 ANNUAL TESTING AND REPAIRS
All assemblies installed by customer, as required by the City, shall be tested immediately
tester. assemblies
upon installation and the lmptly repaired orreplaced. The City may deny or
not functioning properly shall he promptly
discontinue water service to the premise for noncompliance of testing and/or repairs. All
testing and repairs are the financial responsibility of the customer.
6.07 VARIANCES
Any variances from these requirements shall be requested in writing by the customer and
signee prior to device installation.
approved by the Director or de
6.08 COST OF COMPLIANCE --
All costs associated with purchase, installation, inspections, testing, replacement,
maintenance, parts, and repairs of the backflow device are the responsibility of the
customer.
6,09 TERMINATION OF SERVICE
Failure on part of customer to discontinue the use of all cross connections and to
physically separate cross connections, is sufficient cause for immediate discooi error e
of water service to the premises. (OAR Chapter 333-061-070, section 1)
designee shall make said determination.
SECTION 7. INSPECTION OF PREMISES
mises if there is reason to believe that
The City reserves the right to inspect the customer's pre
an unsafe condition exists. The City may refuse water appliances or equipment using the water
connection from the water supply line if the plumbing,
pliance with all City, State or Federal laws or standards.
are dangerous, unsafe or not in com
SECTION 8. GROUNDIN
WIRE ATTACHMENTS
round wire(s) to any plumbing or water supply line shall be at the
The attachment of any g persons
customer's risk. The City assumes no liability for damage to customer's premises or pe
on customer's premises which caused the ineffectiveness of such ro grounding caused by customer's
The City shall hold customer liable for any damage to City p ert p Y
grounding wire or system.
SECTION 9. SURGE CONTROL.
9.01 CITY CONTROL. The City may discontinue water service if customer's facilities
and/or equipment create excessive pressure surges in City water system. The Director
or designee shall determine "excessive pressure surges".
PAGE 12 - WATER REGULATIONS (p:n20,.9..o,2)
ii
9.02 CUSTOMER RESPONSIBILITY. If the applicant and/or customer's facilities
and/or'equipment creates excessive pressure surges in the City water system, the
applicant and/or customer shall be responsible to install City approved surge control
equipment and maintain the surge control equipment in proper operating order at
applicant/customer's expense. If City determines excessive pressure surges from
applicant and/or customer's facilities and/or equipment has caused damage to the City
water system, City may bill customer for cost of repairs of said damage.
SECTION 10. PRESSURE AND SUPPLY.
The City assumes no responsibility for loss or damage caused by lack of water volume or water
pressure. The City agrees to provide water service to the applicant and/or customer at pressures
and volumes as are available in the water system. Water service is subject to shut-downs and
variations required for the operation and maintenance of the water system.
SECTION 11. NONCOMPLIANCE WITH REGULATIONS.
I� The City may discontinue water service if customer fails to comply with this ordinance. The
cost of discontinuing and restoring water service to the customer shall be established by the
Council.
�I
I�
PAGE 13 - WATER REGULATIONS (p:h20,.Q...,2)
i
°` AS"` a . 9M Ora udum
'•°4EO°�•' October 31, 1995
Brian Almquist,�
9�ram Dennis Barnts
Subject Letter of Commendation
Accompanying this memorandum is a letter I received recently from the
Innkeepers at Hersey House, 451 N. Main St. In their letter to me they mention
a series of problems they experienced due to work being performed by water
crews, and how these problems were resolved by Water Quality employees.
I thought their letter commending our people was well thought out and
enumerated the different ways in which assistance was rendered. Which in its
turn, tells us of the care and concern our people have for our customers and
citizens. It was a positive letter, and when read to the crew, it made them
feel good to be recognized for the effort expended.
I have identified the workers involved in giving assistance to Hersey House for
- the problems mentioned, and their names are: Jim Witt, Kyle Estes, Jerry
Hoadley, Larry Elliot, Jim Clark, and Tom Ramoss. I would request that a copy
of the letter and this memorandum be placed in their personnel file.
Attachment
Hersey House Gall E. Orell
October 19, 1995 K. Lynn Savage
Water Department
City of Ashland
20 E. Main
Ashland, OR 97520
Dear Sir,
We wish to commend the water department .for their help and
attention to detail during the period this fall when they worked on
North Main in front of Hersey..House.
Several difficulties arose:
1) broken pipe during breakfast -- workmen let us know
immediately water would be off and for how long
2) the next day during breakfast, had to turn off water to hook up
new lines. Again, workman came to inform us of the problem as well
as the approximate length of inconvenience.
3) Dirt got into automatic sprinkler .system, and we could not get that
line turned off at any spot. We went to the water crew working in
front of the house, they sent their most experienced man, and we all
kept at it until he found the master valve, which was difficult to find.
We were told they would send someone later to help us solve the
problem. They did, but we had solved it.
4) A metal plate was temporarily 'installed in the east lane, and after
hours the noise was terrific when hit by larger vehicles at fast speed.
Our guests complained loudly. We called to see if that lane could be
locked off until morning. The response was total repair.
We consider this all great attention to need and public relations. We
thank the water department for all their time, help, and
consideration.
Sincerely,
Gail E. Orell and K. Lynn Savage, Innkeepers
Hersey House
451 N. Main Street Ashland, Oregon 97520 (503) 482-4563
I�
Friends of Ashland
Planning Commission
Ashland OR
Dear Commissioners:
Residents of Ashland have been concerned for several years that
guidelines for construction on the slopes surrounding town are
inadequate to prevent buildings unsuited to the terrain and
natural resources. Many issues, including harmony and
compatability with the surroundings, have not been addressed.
Although the Planning Department did begin a series of meetings to
secure input for new standards, that process has never been
completed. Unfortunately, at this time no new criteria are in
place; more disturbing, neighborhood plans are already being
written before city-wide regulations are adopted.
Friends of Ashland urges the Commission to work with Staff and the
public to discuss and decide solutions to some of the identified
problems of hillside construction. These standards must be in
place soon, so all contractors and property oweners can plan
future building accordingly. we would be happy to help in any
ways need to expedite this important porcess. Please let us know
how FOA may assist.
Sincerely,
For the Board
November 1,1995
cc: John McLaughlin
City Council
Catherine Golden
Post Office Box 3010, Ashland, Oregon 97520
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Citizens Never Don't Belong at Public Meetings
Often while serving on a Planning Commission and City Council I believed our
procedures Intimidated or ignored the public, and we on these bodies were to blame.
This n be true when full agendas result in bluntness or a meeting style
s c 9
preoccuppied with process, but generally It isn't.
If someone is slighted due to time pressures or rudeness, nothing prevents them
from complaining to their Planning Commission, Mayor, Council or Commissioners
and to the papers. No issue is more likely to receive quick attention than citizen
complaints of bad treatment in local government meetings. But meetings must have a
structure, and citizens risk being ineffective or left out unless they familiarize
themselves with It.
Local government and all Its meetings belong to the citizens•• the people who
pay taxes to keep government going. it is their job to assert ownership. Elected and
appointed officials shouldn't have to continually ask people to assert ownership. True,
voters elect representatives to make decisions on their behalf, but that doesn't change
the ownership of local government. Recognizing that and acting on it is the people's
responsibility.
Ownership of government is not manifested when citizens rarely attend
meetings or attend only when their neighborhood's status quo might be Interrupted or
threatened. Nor is ownership manifested when people Ignore preliminary hearings
and attend only the meeting where there is to be the adoption of something long In the
planning stages.
That is `crisis management" which is something government leaders or business
leaders are sometimes justly criticized for. Citizens should be criticized when they are.
likewise guilty.
Exercising ownership is attending ANY meeting one wants to attend. People
shouddn t feel they need a reason to attend. People are free to listen or talk on any
item open to public testimony at any meeting. But they need to be there or the destiny
of their communities will be left for others Jo decide.
In some cities such as Ashland, both Planning Commission and City Council
meetings have a Public Forum agenda Item where people can talk on any city related
subject. Other commissions and committees also have general public input during
meetings. If people feel frustrated and excluded from the process while Ignoring
public forum opportunities, they shoulder.,the blame.
Rarefy in Planning Commission meetings does anyone speak during'the Public
Forum. We aren't planning so well In Ashland that this agenda item should
continually pass with no speakers. It is not the Planning Commission's fault that this
agenda item is a"no comment° period month after month.
But being a part of the process Isn't the same as having votes go as a participants
want. That is a different Issue.
Carol Doty, a family counselor and former Jackson County Commissioner
teaches an Important concept applicable for effectiveness in public issues.Carol says
that people,need to hear things from five to nine times before they begin to accept a
new concept or believe in a cause. This means the redundant and the persistent shall
Inherit the earth.
Thus, those pursuing causes no matter how legal or Just shouldn't expect instant
acceptance or change by decision makers. Although some concepts are embraced
quickly, people must be prepared to make a sustained effort. Each time they
communicate an idea might be one of the nine times needed gain acceptance. But
some Ideas will never gain acceptance so it is wise to present ideas to friends before
launching campaigns.
Before and while speaking in public it is normal to experience stage fright, but
the more partipants familiarize themselves with the process, the less nervous they will
be. People can also write to the governing body and to the papers. Almost all letters
are read by everyone on a commission or council although perhaps not heeded as
much as the combination of a letter and public testimony.
During meetings 100% attentiveness is not necessary. Those attending can
read, write letters, work crossword puzzles, pay bills, and do other things other than
talk or disturb meetings. But if they are there, they are ready to assert ownership of the
process. If people don't understand a procedure or issue, they can ask to have it
explained during the public forum. That can't be done by watching meetings or local
news on N. That isn't showing ownership nor is it being part of the process.
And time spent in preparations for community visioning events and the visioning
events themselves is wasted unless people follow up by attending city and county
meetings where decisions are_made#
Therefore, I feel no guilt or responsibility for people not participating or feeling
excluded. The issue is simple: If people don't like local civic happenings or local
news, they should be making some they do like.
Brent Thompson
Brent Thompson served for 9 years on the Ashland Planning Commission, was a
founding member of the Jackson County Citizens League, and currently serves on the
Ashland City Council.
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November 13, 1995
The Honorable Catherine Golden Members
AMR Northwest
Mayor, Ashland City Hall ortland
20 E. Main St.
Ashland OR 97520 Day Cities Ambulance
Coos Day
Dear Mayor Golden and Members of the Ashland City Council,
CARE Ambulance
Portland & Grants Pass
The Oregon State Ambulance Association is made up of private
and non-profit ambulance companies throughout Oregon. As Del Norte Ambulance
representatives of the ambulance community, we are stunned by Crescent City,California
the Council's latest restrictions on ambulance service in Ashland
Lincoln Ambulance
and the impact they will have on ambulance operations through-
Newport
out the state.
Medic-4 Ambulance
We are concerned that the Council's actions will not improve the Roseburg
quality of ambulance service for Ashland residents. In fact, the
new require-ments will make it.virtually impossible Meedfor for any ambu- Mercy Medford
d
lance provider -- private, non-profit or government owned -- to
provide quality ambulance service without significantly raising Metro West Ambulance
rates or raising taxes. Hillsboro
We believe that the Council's move to unilateral) cut response Southern Oregon Ambulance
y P Brookings
times violates Oregon's ASA law which requires the city to coop-
erate with the state and county in regulating ambulance service. Woodburn Ambulance
The impact of the City's decision will not only make it impossible Woodburn
for ambulance companies to serve Ashland affordably, but make
it economically unfeasible to serve rural areas of the county at ail. Associate member
Umpqua Insurance Agency
We know of no other community in Oregon or in the nation that Roseburg
places a four-minute response time on ALS ambulance service. 1994 Association o[&ers
Nor is there evidence that the new requirements will improve Dick Wilt,President
quality of care. We can only conclude that the City's actions are Medic-4,(503)673.0632
not really aimed at quality of care, but instead at forcing out a Bruce Latta,VP/Sec'y
private ambulance company in Ashland so that the City can Bay Cities,(503)269-1155
take over emergency services without purchase.
Randy Garner,Treasurer.
Mercy Flights is a non-profit corporation that has served the Woodburn, (503)981-9598
Medford/Jackson County community with distinction for over 45 Staff
years. They were awarded the statewide "Commitment to Quality Nan Heim/Associates
Award" by the State Health Division's Emergency Medical Services 208 SW Stark,#205
Office In 1994. Portland OR 97204
(503) 224-0007
FAX 243-6755
We believe that the City's recent actions are anti-competitive and unfair. Even more
importantly, we believe that the City's attempt to restrict private ambulance service to
Ashland residents will dramatically increase costs without improving the quality of
emergency care.
Sincerely,
Dick Wilt
President
cc: Members of the Oregon State
Ambulance Association
z: N
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