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HomeMy WebLinkAbout1999-0202 Council 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 611 out the Speaker Request form located near the entrance to the Council Chambers. The chair will recognize you and inform you as to the amount of time allotted to you. The time granted will be dependent to some extent on the nature of the item under discussion, the number of people who wish to be heard, and the length of the agenda. AGENDA FOR THE REGULAR MEETING 1 ASHLAND CITY COUNCIL February 2, 1999 Z Civic Center Council Chambers, 1175 E. Main Street W rn Z 6:00 p.m. Special Session: 1999 City Administrator Goals Discussion W a V) 6:50 p.m. Ashland Police Department Informational Video W � x9 7:00 p.m. Regular City Council Meeting U O 1 PLEDGE OF ALLEGIANCE: 7:00 p.m., Civic Center Council Chambers. It ROLL CALL: U M U III APPROVAL OF MINUTES: Regular meeting minutes of January 19, 1999. IV SPECIAL PRESENTATIONS &AWARDS: 1. Mayor's presentation of retirement plaque to Dennis Barnts. 2. Mayor's presentation of Certificate of Appreciation to Alan DeBoer. 3 Mayor's proclamation of"Acknowledgment of Historical Discrimination." 4. Mayor's proclamation of"National Girls & Women in Sports Day." V CONSENT AGENDA: 1. Minutes of Boards, Commissions and Committees. 2. Monthly Departmental Reports. 3. Approval of Liquor License Application from Cordan Rickert dba/Wild Goose Cafe and Bar. 4. Confirmation of Mayor's appointments of Russell Silbiger and Wes Brain (terms to 4/30/00), Candice Chapman and Lenny Neimark (terms to 4/30/01), Thomas Pyle, Cathy Carrier and Tom Garland (terms to 4/30/02) to the Ashland Fiber Network Programming Committee. VI PUBLIC HEARINGS: (Testimony limited to 5 minutes per speaker. All hearings must conclude by 9:30 p.m. or be continued to a subsequent meeting). 1. Public Hearing regarding a request for annexation of parcel located east of the end of Jefferson Avenue (Planning Action 99-006; Applicant Doug Neuman). 2. Public Hearing to consider proposed assessments for lots within the Dogwood Way LID No. 75; Orange Avenue LID No. 76; Ann and Clinton Streets LID No. 71; and North Mountain Avenue LID No. 72. VII PUBLIC FORUM: Business from the audience not included on the agenda. (Limited to 5 minutes per speaker and 15 minutes total.) VIII UNFINISHED BUSINESS: IX NEW AND MISCELLANEOUS BUSINESS: 1. Council Meeting Look Ahead. X ORDINANCES, RESOLUTIONS AND CONTRACTS: 1. Second reading by title only of"An Ordinance Amending Chapter 18.88, Chapter 18.72, Chapter 18.76, Chapter 18.80, Chapter 18.82, and Chapter 18.92 of the Ashland Municipal Code - Land Use Ordinance, Adopting New Street Standards." 2. First reading by title only of"An Ordinance Amending Section 13.20.050.0 and Adding Section 3.20.145 to the Ashland Municipal Code to Validate Remonstrances and to Provide for Deferral of Certain Assessments." 3. Reading by title only of"A Resolution Relating to Local Improvement Districts (LIDs) and establishing: The City's Participation in LIDS; The Potential Unit Method to Determine Assessments; the Maximum Assessment for Residential Lots and Required Process to Include Neighborhoods in LID Planning." 4. Reading by title only of"A Resolution Levying Special Benefit Assessments in the Amount of$23,291.28 for Curbs, Gutters, and Paving Improvements in the Dogwood Way Local Improvement District No. 75." 5. Reading by title only of"A Resolution Levying Special Benefit Assessments in the Amount of$57,836.42 for Curbs, Gutters, Storm Drain, Sidewalk, and Paving Improvements in the Orange Avenue Local Improvement District No. 76." 6. Reading by title only of"A Resolution Levying Special Benefit Assessments in the Amount of$137,517.53 for Curbs, Gutters, Storm Drain, Sidewalk, and Paving Improvements in the Ann and Clinton Streets Local Improvement District No. 71." 7. Reading by title only of"A Resolution Levying Special Benefit Assessments in the Amount of$351,327.11 for Curbs, Gutters, Storm Drain, Sidewalk, and Paving Improvements in the North Mountain Avenue Local Improvement District No. 72." 8. Reading by title only of"A Resolution of the City of Ashland, Oregon authorizing the Reimbursement of Expenditures with Reimbursement Bond Proceeds." XI OTHER BUSINESS FROM COUNCIL MEMBERS: XII ADJOURNMENT: Reminder • Study Session on Tuesday, February 16, 1999 of 6:00 p.m. regarding.1) Riparian Ordinance Development' and 2) Library Update and Presentation. ..Study Session on Friday,.February 19, 1999.at 12:30 . p.m. regarding 1) Mt: Ashland expansion; and 2) Presentation on City Code Enforcement;Program l Council Communication Supplemental Public Works Department February 2, 1999 submitted by: Paula Brown Approved by: Mike Freeman Title: A Resolution Levying Assessments to be Charged Against Lots Within FOUR Separate Local Improvement Districts; Orange Avenue Local Improvement District No. 76; Ann and Clinton Streets Local Improvement District No. 71; Dogwood Way Local Improvement District No. 75; and North Mountain Avenue Local Improvement District No.72 Synopsis of Concerns Received: Staff has received and answered several questions regarding these assessments. Orange Avenue LID Don and Janet Dolan (160 Orange Avenue) regarding drainage problems with the new sidewalk. Staff will evaluate the property and recommend necessary revisions. Staff will be.able to correct and cover the expenses of the problem, but will not recommend adjusting their assessment. Harvey Rupp and Marianne Strong (191 Orange Avenue) objects in general to the formation of the LID. These issues would have been discussed at the formation of the LID and staff has no recommendation on their issues. James and Helen Dean (395 Helman Street) express concern with corner lots and the LID process. Although they are not disputing or asking for a change in their assessment, their concern is with the potential improvements to both of their street frontages and the need to pay for a second LID if one is developed. Staff understands that if a second LID is formed for the other half of a comer lot, that the homeowner would pay only half of the second assessed portion of the side lot (in this case, Orange Street would be their primary lot and the assessment of a Helman LID would be reduced by half if formed). At this time, it is the Council's desire to create sidewalks on Helman Street. Staff is concerned that certain sections of the street may only lend itself to the ability of having sidewalks on one side, but this discussion has not been formally brought to the Council for a decision Ellie and Steve Read (398 N. Laurel Street) live on a comer lot that was assessed in the Laurel Street LID. They feel that being charged for the costs of two LIDS is unjustified. They would like the Council to consider an exemption from the Orange Avenue Assessment. Staff has researched the Laurel Street and found no LID formed between 1998 and 1970. The LID referred to must be well over 25 years old and should have no relevance in this matter. Staff feels The Laurel Street assessment would have been settled well before this time and this request is unfounded. Ann /Clinton LID Elaine McBennett (505 Ann Street) has expressed concern with her need to build a retaining wall at the edge of the sidewalk as a result of the street improvements. The street improvements on Ann Street made some of the grade changes very challenging to match, but the section which includes 505 Ann Street was not one that was greatly affected. Staff worked with these neighbors very closely to compensate their concerns. The grade above the sidewalk at 505 did not significantly change due to the improvements. Re-establishment of landscaping outside of the street right of way is usually beyond the scope of the LID. Staff does not recommend agreement to pay for the retaining wall or other landscaping at this address. Staff is not aware of Ms. McBennett's prior attempts at communication with this department. Bill and Gloria Ritchie (675 Carol Street) have expressed concerns regarding the method in which the assessment was based. The Ritchey's are contesting a 20.12 foot section which in their opinion is outside the boundary of the project. Staff has explained that the assessment for this LID is on the number of total front footage of the property and does not take into account the actual improvement area in these calculations. This footage is the same as initially used in the formation of the LID. Staff recommends no change to the Ritchey's assessed value. Should their allocation change, the entire LID will need to be recalculated for a smaller total assessment footage. Dogwood Way Ruth Newman& Ronald Iverson (550 Dogwood Way) concerned not with the assessment, but rather the drainage in the street. Matching the grades at Dogwood Way with the existing grade at Wiley Street was difficult because of the slopes and grade changes. There is water draining across the center of Dogwood Way and into the nearest catch basin. Staff will assess any possible improvement to this situation, but is not optimistic for a better solution without a complete change to the transition at Wiley Street. North Mountain Avenue No written objections were received regarding this district. FAUSERTAULA\Council Comm LID assessment complaints.wpd PLO C✓ DON & JANET DOLAN 60 ORANGE AVE. SHLAND, OR 97520 CITY RECORDER ASHLAND CITY HALL JP�N 1 20 E. MAIN ST. N- ASHLAND, OR 97520 Dear Barbara, I am filing this letter as a complaint against the full levy that may be assessed our property. The recent rains have clearly defined a problem that the sidewalk and curb have created for us that did not exist before. The walk and curb have effectively created a dam that in turn creates a swamp/"pond" during rains that will require some extensive work on our part to correct. The city workers came by and suggested putting in perforated pipe across the entire front of the property and then connecting it to my drain pipe with a "tee" thus allowing the water access to the street. It would also require filling in the area between the walk and my fence to bring it to a level that would not allow a "pond" to form. The whole thing seems like a lot of work and of course was not known when we bought the property in Sept. 1997. The photos are not terribly helpful in showing the problem, but believe me when I say that the walk created a dike that makes walking to the house an "adventure. " I have no idea how much this work will cost but I would like to ask for at least a $500 reduction in the levy to help pay for the necessary correction in drainage. Thank you for your concern and the board' s consideration. Sincerely yours, DON DOLAN & JANET DOLAN 1 , .I�fi• l R, y Al, itL•a°.c' , G'.R 017S20 (, City Recorder toDu1q41 Ashland, OR 97520 2s Re: Objections to proposed assessments within the Orange Avenue Assessment District ,99`9 I have several specific objections to the subject assessments. From the beginning of this assessment process there has been an unconscionable disregard for the onerous cost, to owners, for improvements made to the Orange Avenue District. Instead of spreading the cost of these improvements, which benefit all citizens, a few of us are being unfairly forced to pay a tax on our property (in my case almost a 3% surcharge)over and above the taxes we already pay. We are being made to pay when the city itself failed to collect the monies due from contractors for this work. This is hardly an "after the fact" protest. The selling real estate agent failed to disclose the size of this assessment before we purchased. I would surely have hired an attorney if I had known of this levy. What I find heavy-handed, is that the city is willing to charge us, while current and future rules are that the contractor is to pay for such work. But if a contractor does not pay, why are we obligated for the majority of the payments? The city has money for bike paths, and other improvements for all the people, which all the people pay for through taxes. Yet we are asked to pay for the citys error with only a paltry discount from the total cost. I have attended many of the ad hoc meetings, a consistent theme has run through the talks: city money has been budgeted for other things for the community! Just a minute, are we not of the community? As I asked in my letter to the Tidings, "are we one community, or do we Balkanize the town and pay for roads, utilities, etc.,block by block?" Specifically? The Planning Department admittedly made a mistake, the work was done to halt the spread of dust pollution and to meet city goals of paving as many streets as possible. Specifically, we are being discriminated against because we have a weak position, not morally or practically, but because we owners did not fight back with a suit to stop this kind of outrage. Sincerely, fIarveyRupp 1 ' Marianne Strong 191 Orange Ave. J January 28, 1998 RECD JAN 2 81999 Ashland City Council Members C/O City Recorder Ashland City Hall 20 E. Main Street Ashland, OR 97520 We, James and Helen Dean, have been part of the Orange Avenue Assessment District. Recently we received information from the City about the amount we will be assessed for road and sidewalk improvements. We appreciate the City Council's willingness to reduce the projected costs to us and our neighbors,though it would have been nice to pay no more than the $4,000 cap which future LID participants will have to pay for improvements. Our concern is what happens in the future. We live on a comer lot, with frontage on both Heiman and Orange Streets. At one time during Council hearings there was a suggestion that citizens with property on two city streets should=have to pay for future improvements if a second LID is established, for the second street. Has this suggestion ever been formally agreed to? If it has not,we would like to suggest that it be formally approved. While Heiman St. is paved, there are only sporadic pieces of sidewalk along its length. Is the City's plan to have sidewalks on both sides of Heiman, or only on one side? If one side, which? Our experience with the last LID suggests that it is best for citizens to know from the beginning what is likely to happen, so we would appreciate clarification of plans and thoughtful consideration of our concerns during the February,2, 1999, Council Meeting. Yours truly, Tun and Helen Dean 395 Heiman St. Ashland, OR 975 1/27/99 ( N City Recorder Ashland City Hall 20 E. Main Street Ashland, OR 97520 Re: Orange Street LID/Corner Lots Dear Council Members, With regards to the latest information we have received from your offices, we are wondering whatever happened to the consideration of corner lots being assessed as one unit. We are on the corner of Laurel and Orange Streets and since we personally have already paid for one LID on Laurel Street when we purchased our home, is it fair that we should have to pay for Orange Street as well? Sincerely, key lclea-OG Ellie & Steve Read 398 N. Laurel Street 488-2034 RECD JAN 281999 --- - ---- a n: M 1-morder -- -------- aM�— �9 .---- L/U 9 fo he f c% ieCasf o f 7VI)e _sCC ��� _.. ... ....... deZ� 17 4 f' . -fh-e _ eon s�ru f�a� o f 1-6a-d anV ---- -- _.�'he e li�reer o� 4�e� ,i-n ...f0 der 7%e... ... a�e�ree _z4ao/W 6e re%yed ------.._ 7,Z) -lhe r-son , /coo oh e- hire/ jQSSe icsczhz fU y p ravel. hacki�# /S QSQ. January 27, 1999 RECD JAN 2 9 1999 To : Ashland City Council From : Bill J. A Gloria P. Richey 675 Carol Street Ashland, OR 97520 Re: Ann/Clinton Street Assessment We believe the measurement for assessment of Clinton St. for Tax Lot 1400 is inaccurate. Attempts for a satis- factory explanation and on-site measurement with city representative and owner present prior to writing this objection were unsuccessful. Correct footage to be assessed as shown on accompanying map is 102.881 plus 63. 34' (yellow marked) for a total of 166.221 .* 20.12, (red line) is outside the street project, bordering neighboring common area. We do not feel responsible for assessment of the 20.12' as it is not street frontage and no work or improvement was done there. 12/12/98 City Assessment 186. 34' @ $52.80 = $9 ,838. 75 1/27/99 Owner Correction 166.22' @ $52.80 = 8, 776. 41 Difference $1, 062. 34 This is an important difference to us and we trust you will seriously consider this information and respond equitably to our request for correction. # Measurements from on- site property pins as per survey by Everett Swain, 1991. , . . 10 r��T o - gag= |\/\ � // 2%3tf /&; � 4 | , \ y■ . % : a, � w !e \ § \ \ \ } |\ � ■ ;� -, « L G • ® . - � ° . - r | - 2 - \ � ; b \ . El \ . /��/\ - RUTH S. NEWMAN 550 Dogwood Way Ashland, OR 97520 541-482-8373 January 26, 1999 City Recorder RECD JAN 2 8 1999 Ashland City Hall 20 East Main Street Ashland, OR 97520 Regarding: Notice of Public Hearing - Dogwood Way LID I have no objection to the assessment rate of$1,791.64 per lot for the street improvement of Dogwood Way. However, I do object to the engineering of the project. The water runs down the middle of the street, as it was designed to do, to the point where it reaches our driveway. It then fans out to cover the entire street for approximately fifteen feet which encompasses the entire driveway entrance. With the winter weather this section has turned to ice making it nearly impossible to leave the driveway, and causing a hazard for drivers coming from uphill. At times it has remained frozen for several days. At the time the street was being worked on I could see that this might be a problem and spoke to the supervisor of the job (Adroit). He assured me that all water would run down the center of the street. I also called the office of the city engineer who assured me that the job was being regularly inspected by the city. So who am I to argue with professionals! But as it turns out, I was right. It is my fear that in freezing temperatures some vehicle or pedestrian will suffer an accident. Also, as I expressed to the above mentioned supervisor, that an extreme downpour would send water down our driveway. (Obviously we live on the downhill side of the street.) I realize that the original street layout was inferior but at least the water only ran down the center. It would seem that an "improvement' should not have created a new hazard. Perhaps someone from Public Works could come check it out. Ruth S. Newman and (��T Ronald A. Iverson, Owners �f�•1 550 Dogwood Way, Ashland cc: City Engineer Director of Public Works J MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL January 19, 1999 Civic Center Council Chambers, 1175 E. Main Street PLEDGE OF ALLEGIANCE Mayor Shaw called the meeting to order at 7:10 p.m., in the Civic Center Council Chambers. ROLL CALL Councilors Laws, Reid, Hauck, Hanson,Wheeldon and Fine were present. APPROVAL OF MINUTES The regular meeting minutes of January 5, 1999 were approved as presented. SPECIAL PRESENTATIONS& AWARDS 1. Mayor's presentation of Retirement Plaque to Captain Mel Clements. Mayor Shaw read a history of Clements' contribution to the City over his 27 years of service in the Ashland Police Department, and presented him with a retirement plaque. Clements spoke briefly about how much he had enjoyed serving the City. 2. Mayor's proclamation of"A Season for Nonviolence." Mayor Shaw read the proclamation in its entirety. 3. Mayor's proclamation for"Census 2000." Mayor Shaw read the proclamation in its entirety. CONSENT AGENDA 1. Minutes of Boards,Commissions and Committees. 2. Monthly Departmental Reports. 3. Confirmation of Mayor's appointments of Jesse Ferraro and David Young to the Bicycle&Pedestrian Commission for terms to expire April 30,2001. Councilors Hauck/Wheeldon m/s to approve the consent agenda. Voice vote: All AYES.Motion passed. PUBLIC HEARINGS 1. Continuation of Public Hearing regarding Planning Action 98-091, a request for a Site Review to demolish the existing hotel and construct a 10,901 sq.ft.retail building,and convert the existing 24 hotel units to studio apartments for the property located at 1520 Siskiyou Blvd. Mayor Shaw read the guidelines and procedures for a Land Use Public Hearing. PUBLIC HEARING RE-OPENED: 7:22 p.m. IN OPPOSITION: Gaelyn Larrick/300 Sheridan Street/Spoke on the unique character of Ashland being threatened by this action. Stated that the Hillside Inn is a sort of historic landmark,and should be kept as a quiet,tree-shaded place to stay. Expressed concern at caving in to commercial development. Recognized that development will continue,but stated that it should retain the character of Ashland as much as possible. Feels that this could be the beginning of the destruction of the character of Ashland. Remember Councilor Hagen and his support of the Valdez Principles to conserve natural resources,and stated that the trees proposed as replacements are different and will never be the same. Urged the need to include the well-being of future generations in the Council's decisions. Brain Larrick/300 Sheridan Street/Read a prepared statement,observing that even Planning Commissioner Briggs was shocked at the approval of this design. Noted the system has failed,but the Council has the opportunity to make it right. Noted that on page 60 of the Council packet,staff urged the developers to save existing trees. Also cited the Sight Design and Use Standards(AMC 18.72.100)which states that Council can require the retention of existing trees. City Council Minutes 0111911999 I i Reiterated that staff had concerns with the removal of conifers, reading from the staff opinion that the design fails to address or ignores the existing trees,and could be modified without significant hardship. Stated that there is a need to reach a balance and retain the healthy large trees. Noted that the developer had convinced the Planning Commission that four-inch red oaks were a solution,and that the reason given for this design was that it was a market driven decision for national tenants. Emphasized that Ashland is unique,and trends nationally shouldn't be a guiding force for design here. Suggested that a creative process will bring a solution,and that it need not be polarized,but can in fact be an opportunity. Emphasized the need to uphold the purpose and spirit of the standards and shape the future character of the City. Asked that Council return this item to the Planning Commission to seek a design which retains at least the two largest trees on the site. STAFF RESPONSE: Director of Community Development John McLaughlin gave a brief background of the Planning Commission decision relative to the work that was done with the applicant after the initial staff report. Pointed out that the subsequent staff report stated that the design had met all requirements. Mayor Shaw questioned whether there was evidence that this was the best design. McLaughlin stated that it balanced the elements requiring the building be oriented near the street and sidewalk with the need for grading,marketability,and the likelihood of the trees' survival. Emphasized that the Planning Commission felt the design to be appropriate,and that it met approval criteria. Shaw clarified that no other design had been brought forward,and questioned if relaxing of the other standards by the City could allow the trees to be saved. McLaughlin did not recall this having been discussed by the Planning Commission. Councilor Reid questioned the previous statement by the applicant's representative that the root systems of these trees can go well beyond their driplines,and that cutting into the root systems could kill the trees. McLaughlin noted that paving had occurred at Safeway and the trees there survived, but there were no excavations. Suggested that a site's grade must remain the same to protect tree roots,and that perhaps trees could be protected if the grade change were minimized. Mayor Shaw questioned the Safeway example,asking whether trees would need to be removed if Safeway were to re- develop the site. McLaughlin stated that this would depend on how the application was submitted,the trees'health,and the proposed use. Councilor Hauck asked for confirmation that the root structure effect discussed was for the plan as submitted,but that the potential effects on the trees' roots from other options did not occur. McLaughlin stated that the Planning Commission's review was limited to the application as submitted. Laws questioned if there was any evidence indicating the age of the trees. McLaughlin noted that core samples had been taken, and that this might be discussed in the applicant's rebuttal. He stated that he felt the trees were less than 100 years old. REBUTTAL: Fred Wilson/129 N.Oakdale,Medford/Attorney representing the applicant,and John Galbrath/815 E.Jackson St.,Medford/Landscape Architect for the applicant/Galbrath noted the past history of trees falling due to damage sustained from construction and paving. Stated that both a certified arborist and a forester have evaluated the trees on the site. Noted that for the type of trees involved,their roots can spread 2-3 times the height of the tree,and nearly all of the roots are in the top 24 inches of soil. Explained that the roots serve both to feed and to anchor trees. Root damage is long-term, and though rot begins immediately to weaken the tree though no one may be aware that damage has occurred. This creates a safety hazard with the potential for trees falling near the street and sidewalk. Gave the ages of some of the larger trees,noting that the cedar near Walker Avenue is 68 years old,the nearby cedar is 59,and the large fir is also 59. Stated that the forester's report is in the Council packet. Noted that one double-trunked tree is already a safety hazard,as a cut occurred in the past,and the other is cabled together and requires regular monitoring andadjustment. Stated that they looked to the future in creating this plan,by eliminating potential liability of weakening trees. Emphasized that the large fir would be near the access,and those passing by might be targets if it fell. The cedars would be impacted by the proposed building. Concluded that the applicant worked with both the Tree Commission and the staff in preparing this design. Wilson concluded that the issue is the large trees on the site;stated that efforts have been made to balance the needs to be achieved. Emphasized that the current design was approved by the Tree Commission,the Planning Commission, and the staff. Mayor Shaw questioned what efforts were made to save the trees. Wilson stated that the plans were redesigned to save a large cedar at the rear of the site,and that the new trees proposed to be planted were chosen for their quick growth. City Council Minuier 01/19/1999 2 i Wilson emphasized that they had been able to save one tree with a redesign,but one near the road could not be saved, and two others were already in some distress now. Emphasized that a two-story design would have impacted these two trees and made things more hazardous. Galbrath confirmed his credentials for Councilor Reid, noting that he is a registered landscape architect in both California and Oregon,and has been designing since 1975. Stated that he has worked with arborists on many projects involving existing trees,has a degree in ornamental horticulture,and is a certified nurseryman. Noted that Philip Frazee was the arborist used. Alex Jansen/12466 S.E.Spring Mountain Drive,Happy Valley/Applicant's son/Emphasized that they had reviewed the possible options of keeping the hotel as is,building a two-story structure,or demolishing the entire site. The design chosen is saving a large numbers of trees. Pointed out that they are saving thirty or forty trees on the site with the current design, not just three trees. At the Mayor's request, McLaughlin showed the overhead which illustrated the significant trees to be removed. Jansen concluded that the damage to the trees' roots would harm them anyway,and the grade cuts for the building would damage the roots regardless of the design chosen. PUBLIC HEARING CLOSED: 7:53 p.m. COUNCIL DELIBERATION: Staff confirmed for Councilor Reid that the overhead was not a complete depiction of the trees on the site,and showed only the significant trees that were impacted by the design. Councilor Wheeldon asked if this is the best application of the existing standards for this site,and if these standards are current. McLaughlin stated that he could not say whether this is the best design that could occur on the site. Confirmed that the standards are high. McLaughlin continued, stating that there is an art to finding a balance to reach the 6est development. In this instance,the design balances the standards'requirement to orient the project toward the street and emphasize streetscapes, and the Planning Commission felt that these were important factors. Emphasized that the Council can,at its discretion,add more weight to the trees and shift this balance by calling for different design. Stated that calling this the"best design"depends on values,but that it is a good design for the site and the standards. Councilor Reid noted that when she served on the large-scale development design committee to develop standards, trees,elevations,and excavations were not discussed. While they looked at the size of buildings,and at streetscapes, they did not speak of trees. She now feels that this was short-sighted as Ashland's hillsides require excavation and there are many trees that need to be considered. Councilor Wheeldon would also like to see the space incorporate trees,but feels that standards were set for the Planning Commission's decision. Noted that certain values were laid out in the form of the standards,and these carry a certain weight that must be considered. Noted the problems on Ashland Street nearby where development did not occur to standards,and the number of values including natural aspects that need to be balanced on projects. Stated that trees are ..dying from nearby development disrupting the property. She stated that she questions whether the trees can be given a chance while incorporating values. Emphasized that she feels the design is of a human scale in that it is a single story with streetscapes. Recognized that Council cannot prohibit development,and stated that she doesn't know if the trees can survive even with another design. Concluded that the City has created the standards,and while it is a shame that they cannot use the topography in carrying out the standards, there is substance to the standards and she cannot see denying the application. Suggested that if there is a desire to place more value on trees,then the process should start now and work towards changing the standards. Councilor Hauck stated that given the criteria,the design complies with Site Design and Use Standards,particularly #2(c)(1)(c)(5),in dealing with natural features of the site in its totality. Stated that he sees evidence that the whole site was addressed and that the standards have been met. Feels that the applicant has made a good faith effort to save as much as can be saved given constraints. Councilor Hansen concurred with Hauck and Wheeldon,stating that he feels the standards have been met,and efforts made,and the Council should move ahead. Councilor Fine stated that he differs with the opinions expressed by his three colleagues,and feels that the design has not met the necessary requirements.He cited section 2(c)(1)of the site review standard which states, "Developments City Council Minules 0111911999 3 t of all commercial and employment zones shall conform to the following development standards...",which he suggested required development to meet each and every standard. Fine went on to note that under 2(c)(1)(c)Landscaping,#5 says efforts shall be made to save as many existing healthy trees and shrubs as possible. Emphasized that this is mandatory. Then noted the Planning Commission's finding on page 19 at 2.5 which says that this standard can be met by planting some significant trees near the footprint. Expressed concerns that what has been proposed are 4"diameter trees at best,with some even smaller. Fine stated that the questions facing the Council are: 1)How rigorous must we be/How high a standard has been set by 2(C)(1)(C)(5)?and 2)Have the standards been met on the record before Council? With regard to the first question,he stated that the Council must be guided by the words in the standards, and when that wording is ambiguous there is a need to look to official statements of City policy. Noted page 17 of the site design&use standards which says,"The alternative desired in Ashland is to design the site so that it makes a positive contribution to the streetscape and enhances pedestrian and bicycle traffic." The need to shade the sidewalk requires the saving of these existing trees. Fine also cited the Comprehensive Plan,under Economic Development Policy,page 7-2,which states it is "important for the overall economic health of this city that a high standard of...architectural design,sign control and landscaping be required of new development. While this is most important in areas that are highly visible or in buffer residential areas,its also important even in industrial parks." Pointed out that this is a very high visibility area which helps to define Ashland. Fine continued that in the Aesthetic Resources section of the Comprehensive Plan,page 8-3 notes,"Trees,especially large trees,enhance the quality of life of life in Ashland in many ways:providing shade;protection from wind;erosion control." Stated that Ashland has a long history of honoring and protecting its trees,and has been a Tree City. Stated that trees are a fragile resource,and the proven benefits of trees can only be maintained through favorable consideration in the political process. Fine pointed out that the Goals and Policies on page 8-16 of the Comprehensive Plan,in paragraphs 11,12,and 19,state that "especially on major arterials and on access routes into Ashland we should be requiring extraordinarily high standards of design and landscaping." Noted that there is a stated goal of increasing the portion of the City covered by a tree canopy,and a policy of developing urban forest interface to enhance aesthetics and recreational opportunities. Fine stated that of the City's roughly twelve commissions,there are a Tree Commission,a Parks Commission,a Forest Lands Commission, and a Conservation Commission. Feels that all of this illustrates the high value placed on maintaining trees in Ashland, and if the standards are ambiguous then policies should be applied strictly. Stated that nothing in the record indicates that it would be impossible to maintain these uniquely significant trees. Emphasized that the trees could be saved without hurting the economic potential of the site,as stated in the testimony of Bob Taber and Ralph LePre. Expressed his concern with designing to meet the requirements of a national tenant. Stated that all property owners in Ashland have derived economic benefit from the very stringent application of land use laws,which -.make the City more livable and lucrative. The land is more valuable than it would be elsewhere,and it would not be an undue hardship if the applicant were required to design to retain the trees. Quoted Tom Brown 17th C English physician said"Generations pass while old trees stand,and old families last not three oaks." Initial tenants for the cite are likely to be quickly passing. Feels that the documents are a clear expression of public policy stating that 2(C)(1)(C)(5)should be rigorously applied,and not liberally construed so as to encourage commercial development. Does not find in the record that this criteria has not been met,the appeal should be approved and the planning action denied. Councilor Hansen suggested that the ambiguity Fine mentions should be solved in favor of those trying to meet the standards in question. Councilor Reid noted that she is fond of the trees,but feels that the Council should err on the side of safety due to the concern expressed by experienced professionals. Suggested that it would be wrong to mandate keeping the trees given the possibility of their falling. Concluded that while the trees are beautiful,the standards have been met and the trees could fall,and the Council would then be in the position of having created a hazard. Councilor Hauck stated that he does not see the ambiguity that Fine spoke about,and feels that the applicant has saved as many trees as possible,looking at the site in totality with all existing natural vegetation included. They have met the City Council Minutes 0111911999 4 criteria by saving the vast majority of the existing shrubbery and trees. Stated that the section in dispute says"to save as many as possible',and the applicant has made efforts to this end. Councilor Laws stated that since he was not feeling"lawyerly"he would speak with his vote. Mayor Shaw stated that she agreed with Councilor Fine. Noted Comprehensive Plan policy#37 which emphasizes the preservation of forest vegetation to the extent feasible as forested areas of the City are converted to urban uses. Stated that these trees went in after development. Explained how site review came about as a result of Ashland Shopping Center's construction,where a developer agreed to save as many as possible and then clear cut the site. Emphasized that this is a difficult case, as she knows and likes the applicant,but this is the first instance of cutting huge trees for commercial development and there is a lot more commercial property where magnificent trees are in the way. Trees will be jeopardized if not preserved in the City's standards. Also stated that there are no clear alternatives presented in the application,and there are violations of the Comprehensive Plan. Emphasized that there is no committed tenant, and trees are the key component. Cited trees on other sites in commercial districts,and feels interpretation at this first step will set a precedent. Concluded that there is not that much ambiguity,but there is supporting documentation to ask for an alternative design that"shall conform"to the development standards and save as many trees as possible. Councilor Reid stated that the Council cannot take into account a tenant,as there are no laws pertaining to this aspect of the development. The Council must deal with the design standards,and the Council cannot discriminate by tenant. Emphasized that the tenant is irrelevant. Shaw referred to page 24 of the packet where a two-story design was not considered further as it was declined by a potential tenant. Shaw explained that the tenant cannot be a guiding force, but in this case the tenant has become a factor in the design. Councilor Hauck stated that there has been testimony that any construction would likely damage the trees, and the proposed design was chosen to save as many of the trees as possible. Councilor Fine stated that the standard calls for an effort to save as many trees as possible. It does not say to save as many as is consistent with the primary concept of the applicant. Noted that the Council could insist on other alternatives. Minor adjustments might not protect trees,but major adjustments could potentially save more trees. Councilor Wheeldon recognized the difficulty in saving specific trees. Stated that since she does not have the knowledge to know if trees will survive construction,she must rely on the testimony of professionals. Suggested that it is not the number of trees saved that is important,but the spirit of property,and that is a difficult concept to negotiate. It is difficult to find an operational definition of saving as many as possible or working with the topography,and as such she is hesitant to try to be artful. Shaw suggested that it is not the position of the Council to make those decisions;the Council can simply say that this one design does not meet the site design guidelines or the Comprehensive Plan,and ask for another design. The appeal can be upheld without prejudice,so the applicant will not need to wait another year. The Council need not decide on an alternative to meet the standards,but rather it needs only to decide if this design does not meet the standards. Councilors Reid/Hauck m/s to approve the application. Discussion:Hauck stated that there is a need to look at the totality of the site,and the Council cannot value certain trees over others. The standards only call for saving as much as can be saved,and he believes this has been done. Laws stated that either way this vote goes,it points out the importance of ongoing efforts to preserve existing trees and to continue planting and enhancing growth of new trees. Feels trees will die from number of causes,but want to continue to have an overhead that continues to grow greater. This issue stresses the importance of the City's committees. Roll call vote:Wheeldon,Hauck, Laws,Reid,and Hanson,YES. Fine,NO. Motion passed 5-1. 2. Public input on 1999-2000 Strategic Planning Process. Public hearing opened at:8:31 No speakers came forward on this item. Public hearing closed at: 8:31 City Cmncil Minutes 0111911999 5 t 3. Consideration and adoption of new Street Standards. Associate Planner Maria Harris noted the Council's October 20'review of the street standards handbook and granted their approval in concept with the changes discussed at that time. Stated that what is before the Council now is the actual ordinance amendments to put those standards into effect. Noted that in October,Council requested additional language to allow flexibility in the application of the standards to streets developed under the Local Improvement District process,and this flexibility is addressed at the end of the handbook,in section 7,pages 43-45. This adds the flexibility to change any ingredient of the street right-of-way,with curb to curb width only to be reduced by approval of Fire,Police,Planning and Engineering departments. Noted that park row minimum widths have been increased from six feet to seven feet. The actual ordinance changes are made primarily to Chapter 18.88 Performance Standards Options,as most new streets are built fornew subdivisions, either single family or multi-family residential. Other chapters in the Land Use Ordinance refer back to this Performance Standards Options chapter. Noted that there is one new item in the ordinance language, which was not in the handbook,which defines obstructed streets and prohibits their creation. This is intended to prevent gated streets and communities. Councilor Fine stated he supports not having gated communities, but feels that the standard as written would also prohibit a gated, small industrial park with movable gate for security. Expressed his concern with this prohibition. McLaughlin noted that the section in question, on page 7 of section 7,refers to multi-family development and would not apply to employment areas. The multi-family residential zone is the only place where this prohibition would be an issue. McLaughlin confirmed for Fine that the heading has to do with access requirements for multi-family developments,and would not apply for other types of development. City Attorney Paul Nolte questioned page 5,paragraph D,and McLaughlin confirmed that these Performance Standards only apply to residential developments. McLaughlin noted that the Governor would be conducting a drive through of Ashland to view new streets as he has heard about Ashland's street standards work. Councilor Wheeldon clarified the intent of the flexibility on page 43,section 7 about not deviating from construction standards on elements of the street,even for retrofitting. McLaughlin stated that while the wording allows flexibility in reducing dimensional requirements and sidewalk placement,it does not make any allowance for substandard design. Councilor Wheeldon questioned item 4,pedestrian paths. Discussed that this might mean that a path was not adjacent to the street due to topography,or construction not to sidewalk standards. McLaughlin question if Council would like clarification that the initial effort should be to provide sidewalks for all streets. Wheeldon stated that she did not want this to be an option unless it was a last resort. Public hearing opened at: 8:44 p.m. No speakers came forward for this item. Public hearing closed at: 8:45 The ordinance was read by title only. Councilors Reid/Wheeldon m/s to second reading with the minor administrative changes indicated in the Council's discussion. Roll call vote: Hauck,Laws,Wheeldon,Reid,Hanson,and Fine,YES. Motion passed. PUBLIC FORUM Opened to public comment at 8:48 p.m. Sugeet Posey/1071 Wildwood Way/Explained that while the year 2000 is 346 days away, 55%of businesses have already had Y2K problems. Our lives have already been impacted. Noted that Senator Robert Bennett,chairman of the Congressional Committee on the Year 2000,states on the record that many are dragging their feet due to a lack of adequate information to justify serious action. Emphasized that there is credible,reliable information that there is a City Council Mimles 01/19/1999 6 serious problem that will affect every member of the community. Suggested that prudent precautions betaken to prepare for possible problems. Cited Senator Daniel Patrick Moynihan quote that there is now a factual cause for fear and that this could be catastrophic. Asks that the City join with the Ashland Y2K Community Preparedness Project and keep an open mind. Noted the City's responsibility to address these potential problems. Emphasized that the consequences of positive action are joining others in being prepared,and that no one will object to preparation if a problem does not arise. If there is a real problem,there will be a plan in place to keep the social fabric strong. This project needs the backing and support of the City to reach everyone and prepare all parts of Ashland. Anton Abben/1280 Iowa/ Thanked Ashland Coalition and Mike Freeman for inspiring a community effort for preparedness. Stated that most people see this issue from an information and technology standpoint, and feel that keeping their own house will mean that all will be well. Suggested that the problem overlooked by this approach is that there is interconnectedness of all systems for pharmacies,gas stations, and grocery stores. Despite funds committed by the government and the private sector,there are serious concerns. Stated that not everything will be fixed,and the community needs to prepared. If only a few people have foresight,then those who are prepared will be vulnerable. All components of the community must work together,and look at contingencies dealing with more than just a couple of weeks. Asked that those interested attend a forum at SOU's Rogue River Room on February 4' from 7-9 p.m., sponsored by the Community Issues Forum and the Chamber of Commerce. Connie Dean/809 Garden Way/Manages a B&B here,and noted that she had customers who have canceled because of the Y2K issue. This made her aware that the web of small businesses integral to the community will be affected. Cited a Chamber of Commerce survey that noted 74%of respondents felt they were up to speed and would not have problems. Dean stated that everyone will have problems due to the interconnectedness of systems,and efforts must be made to prepare. City has stepped forward and prepared a pamphlet to be distributed with the utility bills,but her group is concerned with quotes in the pamphlet saying that things are handled,taking responsibility away from the people. Suggested that leaders must be informed and get information to citizens and trust them to prepare. Noted that where there is open communication, people are thoughtful and methodically prepared. On the other hand, the Redding government denies the issue,and people are splitting into factions and isolating themselves. Population centers will be effected more deeply than we are, and we are merely a gas tank away from them. Community leaders, schools, businesses,churches,friends and neighbors must become informed,connect and prepare for whatever happens. Cate Hartzell/881 E Main Street/Questioned if there will be a public goal setting. Freeman concurred that it was intended that tonight's hearing would serve as community goal setting,but because of confusion goal setting will need to occur at another time. Hartzell stated that she would submit her comments in writing. Also noted that she wants to read an item concerning the Calle during that portion of the meeting. Closed to public comment at 9:01 p.m. Break called until 9:11 p.m. UNFINISHED BUSINESS None. NEW AND MISCELLANEOUS BUSINESS 1. Council Meeting Look Ahead. Freeman clarified that item#6 is the changes to the LID policy. The public hearing being set tonight for the February 2n°was inadvertently omitted and will be corrected. 2. Update on Implementation of the City's Public Information,Communication& Marketing Plan. Administrative Services Director Dick Wanderscheid noted that the plan was adopted in September of 1998,and he felt this was a good time to update Council on progress to date. Noted that a lot has been accomplished,and without going into great detail he wanted to touch on some highlights. First,stated that the Council Chambers'sound system will be worked on within the next month or so. Freeman noted that there is some concern over spending,and suggested that any improvements be movable and able to go to another location if needed. Council concurred that this was appropriate. Fine suggested that the goal be to at least equal the transmission quality of Medford's broadcasts. Wanderscheid stated that this might not be accomplished initially. Fine expressed concern that"band aids"have been relied on in the past, and he feels that there should at least be a"once and for all"fix. Shaw suggested that there could at least be clip-on microphones to improve the sound quality. Laws seconded Fine's opinion. Fine also noted his concern with the acoustics as they make it difficult for those with hearing aids. Freeman noted that there is a need for headphone access, and Wanderscheid suggested that infrared could be used. City Council Minutes 0111911999 7 Wanderscheid also noted that a Strategic Marketing Plan for the Ashland Fiber Network(AFN)was in the works. Stated that an internal group has been formed,and a marketing firm has been employed,and the hope is to have a plan in place by the time services begin to be available. Pointed out that there will also be three new RVTV videos dealing with the Police Department,the Fire Department, and Conservation. Another is in progress for Public Works. Stated that the first three should be ready for a preview within a month. Wanderscheid stated that following completion of this year's budget,they would like to prepare an explanation of the document. Emphasized the need to do this in a clean,concise manner. Explained that they are also in the process of looking at the utility billing insert and the employee newsletter for effectiveness,cohesiveness and long-term planning. Stated that these items need to be unified with the newsletter. Noted that there is a need for a graphic standards manual to create a more standardized look for all City documents. Stated that the new monthly City Source newsletter's first issue went out in January,and he has been very pleased with the comments received to date. Noted that most people indicated that they appreciate the new format,and stated that it will continually improve. Explained that a meeting had just occurred to determine content for the March issue,as it takes that long to prepare things. Noted that they have suggestion cards,and a long list of items to work on for future issues,and would like Council input. Councilor Laws noted that he was opposed to the idea of imposing uniformity, and stated that he feels that there can be some variety to City documents. Emphasized that creativity and freedom should be allowed. Freeman clarified the standard appearance had more to do with the format of official correspondence,logos and etc. Shaw pointed out the need to be sure that phone numbers are included on all letterhead. Wanderscheid noted that he has a copy of the City of Lake Oswego's graphic standards manual, and that he was thinking mainly of a standard letterhead format and improved logo. City Recorder Barbara Christensen explained that she had received the City of Lake Oswego's manual at a conference,and noted that the document was created after many hours of work by a committee. Explained that it would make things easier to work with a standardized document format over and over again. Councilor Wheeldon questioned if the Public Information/Communications/Marketing topic should be an element of the strategic planning process. Freeman confirmed that it would be for that discussion. Wheeldon stated that there needs to be a verifiable process for public involvement to ensure that all the bases are covered. Noted her feeling that a lot of time is spent out of sync in the current process, and a public process should not be developed during a project. Emphasized that this should be developed in agreement with Parks. Stated that this could be addressed further in the strategic planning sessions. _ 3. "League of Oregon Cities Elected Officials Workshop. Freeman indicated that this was an informational item for the Council. 4. Summary of discussion at Joint Study Session,January 12,1999. Motion requested accepting summary document. Councilor Laws noted that at the Ashland Parks& Recreation Commission meeting held last night,questions arose concerning this document. His feeling is that the Parks Commission would appreciate more specificity. Stated that the goals are to contain a 100-year flood behind the Plaza and to continue the present uses. The problem is that as more space is used for water,less is available for other uses. While a good design might do more with less,there are options that would require less space for the water. A new bridge at North Main Street would allow for a different design. The Parks Commission needs clarification as to whether they should design for a new bridge in the distant future,or stick to the near future. A second issue is that some waters could bypass the existing channel and free that space for other uses. To keep all of the water in the channel requires taking space away from other uses. Noted that water could be directed to Main Street and Water Street with temporary walls. With this in mind,the Parks Commission would like a formal decision on split flows. Noted that this could be the cheapest and easiest way to provide for use of the Calle. A second option would be to remove the water from the channel and pipe it under the present creek channel or through the plaza,which eliminate the need for bridges. The Parks Commission questions whether the Council would like an estimate on a bypass pipe versus abridge,and they need to know this information before an RFP is prepared. They also need to know if the Council wants a permanent channel or some temporary active flood measures that would not contain all flows but could be put in place for a flood. These four issues need to be addressed for the Parks Commission to continue with their RFP. Laws noted that a decision probably could not occur on these items tonight. City Council Minutes 0111911999 8 Shaw stated that all of these issues were discussed at the joint meeting with the Parks Commission. The split flow issue was discussed a year-ago,was considered subsequently,and came up again at the joint meeting. The Council clearly said no to this option. Wheeldon stated that active measures would be fine,because the North Main Street bridge will not be a priority in the near future. Feels that designs should be similar to those currently in place,and supplemented with active efforts to fight flooding. Noted that the pipeline option has not been discussed. Reid questioned if the state has been contacted about their bridge on North Main, as she would not want to create a design and then attempt to force it on another entity. Stated that there is a need to look at the engineering of the bridge, and deal with state before addressing the design of the Calle. Designing the Calle for 100-year flows without addressing the bridge would effectively be a designed undermining of the bridge. Public Works Director Paula Brown noted the possibility of speaking with representatives of the State,as they will be here on Thursday. Stated that they were in contact after the flood,but that there are no repairs on their list. Suggested that they might be willing to look at the issue with regard to flooding,but that any repairs would be 5-10 years away at the earliest. Hauck questioned if the bridge could be redesigned to handle 100-year flows. Explained that the redesign is not necessary now as long as Calle work can proceed knowing the bridge redesign is possible. Brown stated that it could handle these flows with"supercritical"flow. Laws expressed concern at waiting ten years,and they need a design to convey 100-year flows. Stated that it will be difficult to design the Calle as it is now if there is a need to convey all of that water. Fine noted disappointment with the study session,explaining that the consultant hired and paid City money for concepts brought only two drawings, and one was abandoned immediately. The other was not presented in advance, and the consultant was present throughout all discussion. He felt this was not professional that only one real option was given. Would like Council to consider the options brought up by the Parks Commission if they can be done in the timeframe discussed,but there is a need to move ahead now. Emphasized that other professionally drawn options are needed in timetable. Reid noted she approved of active measures and looking at the state's bridge on North Main Street. Shaw felt that a directive was already given to the Parks Commission to design the Calle to accommodate as much water as possible given the activities to occur. The flood mitigation portions of the project,and handling of waters,will be before the City Council. Stated that the Parks Commission is not charged with these responsibilities;they should merely bring back an idea of what can be done and the Council will make its decisions at that time. Emphasized that the time for Council action will be after the Parks Commission presents a design. The needs are to fix the creek and keep commercial development,within the timeline,and to provide updates to the Council every sixty days. Laws stated that he feels it is a Council goal to channel 100-year flood flows, and expressed concern that efforts are wasting money if the threat of a flood is not to be relieved. Shaw confirmed that there was a consensus to keep commercial activities along the Calle, and to accommodate the maximum amount of water possible, with flood management to be addressed by Council. Wheeldon stated that the designs brought by the consultant would handle 100-year flood flows,noting that one allowed for activities and one did not. The design showed the extent to which opening up the channel will be needed without losing function. Feels that the design needs to prepare for active measures and 100-year flows,with the option of more active measures as needed. Fine noted that the consultant's enhanced terrace design kept commercial activities and greenspace,but there are at least three other concepts(split flow,a large conduit,and active flood measures)that should be considered before a decision is made. Shaw stated that active measures have been considered. Pointed out that the conduit idea is bizarre,given the amount of silt and debris carried in flood waters. Suggested that this would be a$4%z million hole in the ground that would clog and need further spending to clear. Emphasized that creeks run where they are open,and this gives the opportunity to see obstructions. City Council Minutes 0111911999 9 Fine expressed concerns with working downstream, but feels that there could be different concepts shown by the consultant. Feels that two years have been wasted, and Council should look at concepts,while proceeding with the timetable set in the joint study session. Shaw reiterated that it is not under the Parks Commission's purview to consider flood measures. Freeman noted that agreement is lacking,as those in industry do not feel the measures discussed are viable options,and they were thus were not brought back by engineers. Explained that the granitic soil and the presence of numerous utility lines under the plaza area would make tunneling difficult. Emphasized that the City staff is not supportive of these alternatives. Brown concurred that these options are inconceivable with existing facilities. Explained that North Main Street bridge is considered a long-term project. Suggested not specifically splitting flows,but rather managing any flows that do split. Hauck noted that Council has already made the decision not to engineer split flows. Brown re-stated that the pipeline option was discussed and decided against due to the presence of utilities and the amount of granite. Also, the size of the pipe necessary and the amount of water involved are prohibitive. Active measures will be needed regardless of what is done in the Calle, and will be part of a flood management program to manage additional waters throughout the City. Reid noted her concern with designing downstream. Stated that she was unsure if the 1997 flood was considered a 100- year event,but feels that the North Main Street bridge will need to be replaced. With this in mind,design options should be discussed with the state. Councilors Wheeldon/Reid m/s to continue the meeting to 10:30 p.m. Voice vote: All AYES. Motion passed. Brown stated that Bluebird Park is a constriction point,and it needs to be looked at. Water Street needs to be looked at as a conduit, as part of active measures. Noted that she is unsure if a decision has been made as to the next improvement. Freeman explained that downstream improvements will come in as part of budget process. Reid stated that if the Council could see the state's plans,they could work with a longer term in mind. Discussion of whether City will be responsible for the bridge by the time improvements are made. Wheeldon stated that she feels the Parks Commission is making this more difficult. Shaw stated that the second bullet reading"commission will be responsible..."should indicate for the Creek area or Calle area. Wheeldon stated that the timeline needs to indicate that work will be in the creek by 2000. Reid noted that improvements should not be linked to a swap of state property,as she is not convinced that the City wants to shoulder that burden. Shaw suggested that the bridge improvement is a cost that needs to be considered in talks with the state. Cate Hartzell/881 E.Main/Council committed in repairing Winbum Way to go from upstream to downstream. Stated that it seems irresponsible to move ahead and pass this on to the Parks Commission. Emphasized that the Calle could not even manage a 40-year flood as occurred in 1997. Feels that there is a need to deal responsibly with this section, as was done for the sections done above. Questioned if a landscape architect is the appropriate credential needed for interpreting OTAK's report and creating a design. Questioned removing large amount of land,irreparably,and changing the riparian corridor,to accommodate a temporary measure. Feels there is a need to look at the OTAK report,and the capacity of the North Main bridge. Emphasized that this section cannot be treated differently;given legal liability of Calle and downstream. Once the City re-designs,they have a liability for the impact of that design,especially if the design is only temporary. Nolte stated that any action taken by the City on this issue would be protected as discretionary immunity. Hartzell suggested taking some other level of responsibility,as the Winbum bridge created the situation at North Main, and repairs need to follow downstream. Wheeldon stated that the consultant will be doing this. Hartzell concerned that a landscape architect may not be qualified for such a task. Discussion of whether engineering is needed,or if Council needs to take back this project. Hartzell feels that discussion has indicated that Parks is to make a pretty design while the flood management portion lies with the Council. City Council Minutes 011191,999 10 • Hauck stated that parameters have been set - that a design consistent with what has already been done upstream, supplemented with flood control. Hartzell expressed concerns that the uncertain status of the North Main bridge means that whatever is done in the Calle can only be temporary. Shaw emphasized that Brian McCarthy has indicated that the existing bridge could accommodate the necessary flows. Pointed out that the flow in the last flood never went through this bridge as it split around. The issue is not that the channel cannot handle the necessary flows. Hartzell suggested reviewing the OTAK recommendations to see if the channel could have handled these flows. Shaw stated that it was confusing to bring these issues before the Council when the Parks Commission is preparing the RFP for the design. Laws asked that the Public Works Director confirm the possibility of getting flows through the North Main bridge,and also if the next section of creek could handle such flows. Brown stated that you could use training walls to accelerate flow through "supercritical" conditions. Pointed out that the Lithia Way culverts are terrible, and that there are constrictions at the Brewery. Feels that she cannot answer clearly at this time,but she feels that the Lithia Way culvert capacity is near 700 cfs, while the bridge will be conveying 3100 cfs. Councilors Hauck/Hanson m/s to accept the summary document as amended,with numbered bullets. Discussed whether a decision excludes further discussion. Indicated that there is a willingness to return the design portion of the Calle improvement to the Council. Voice Vote: All AYES. Motion passed. ORDINANCES.RESOLUTIONS AND CONTRACTS 1. Second reading by title only of "An Ordinance Amending the Telecommunications Title 16 of the Ashland Municipal Code to Add Provisions Regulating Cable Service and to Simplify and Clarify Requirements for Grantees." Freeman noted US West's participation with City in reviewing the revisions to this ordinance, stating that they had recommended a number of changes,most of which were concurred with. This concurrence fell apart during the legal review process,and US West did not have the opportunity to review the final copy. Recommend postponing the second reading one month to allow for further comment from US West. Hauck noted that this would make it possible to incorporate language regarding the current cable franchise into the ordinance itself 2. First reading by title only of"An Ordinance Amending Chapter 18.88,Chapter 18.72,Chapter 18.76, Chapter 18.80,Chapter 18.82,and Chapter 18.92 of the Ashland Municipal Code-Land Use Ordinance, Adopting New Street Standards." (Dealt with following public hearing above.) 3. Reading by title only of"A Resolution Authorizing Outdoor Burning under Certain Conditions between March and October 1999." Councilor Reid noted that she had spoken with constituents who are concerned with burning inside the City. Councilors Laws/Wheeldon m/s to adopt Resolution #99-03. Roll call vote: Laws, Reid, Hauck, Hanson, Wheeldon,and Fine,YES. Motion passed. 4. Reading by title only of"A Resolution Setting Public Hearings for Assessments to be Charged Against Lots Within Five Local Improvement Districts; Dogwood Way Local Improvement District No. 75; Orange Avenue Local Improvement District No. 76; Ann and Clinton Streets Local Improvement District No.71;North Mountain Avenue Local Improvement District No.72;and Fordyce Street Local Improvement District No. 77." Councilors Reid/Laws m/s to adopt Resolution#99-04. Roll call vote: Laws,Reid,Hauck,Hanson,Wheeldon, and Fine,YES. Motion passed. 5. Reading by title only of"A Resolution Setting a Public Hearing for the Transfer of Hospital Property (Swanson)to Ashland Community Healthcare Services,Inc.,an Oregon Nonprofit Corporation Owned by the City." Councilors Laws/Reid m/s to adopt Resolution#99-02. DISCUSSION:Discussed transferring from the City to a non-profit organization that the City owns. Nolte stated that this will be explained at the Public Hearing. Fine suggested that he would like a very detailed explanation of the history and policy behind this transfer. Roll call vote: Hauck,Laws,Fine,Hanson,Reid,and Wheeldon,YES. Motion passed. City Council Minutes 01/1911999 11 OTHER BUSINESS FROM COUNCIL MEMBERS: Hanson questioned if making a motion to recommend taking a stand for proactive preparations to address the Y2K issue on a community level would be appropriate at this time. Hauck indicated that an issue of such importance should be placed on the agenda to allow adequate discussion. ADJOURNMENT Meeting was adjourned at 10:30 p.m. Barbara Christensen,City Recorder Catherine M. Shaw,Mayor City Council Minutes 0111911999 12 J%/\11.f' �� Nl 11. 1 % S J k' A \ \ •irrvu hw -�mn .n F /N 3 .yrvn m,/• .yyW/ 1x t�,�y4 hwua /'`mod F'" 9� 8�:(t"w\{1\ et-\ .l !4/�•\i` a /.i _r�lh\\1:> . \. ,l. ��1\ee,;-•� ..l,e _ r`1N_.t.. g jE�IIDI�� ' MIDYA PROCLAMATION e 4 WHEREAS, this is the 1501".anniversary of the Oregon Territories whose earliest ;��`,leglslatwn induded.laws which.,Re�ipresslyforbade people of African ? y ism, desdent`from residing or even passing through the temtones;and WHEREAS;, numerous otherlaws pertaining to housing, residency,and free > movement restricted the options and opportunities for people of African, (Qt'r: Asian, Latino, and native ancestry; and x S t WHEREAS, 'during the 1920's, Oregon's Klu Klux Klan'was the largest Klan group west of the Rocky Mountains, targeting many in-our state, including = ?H }{ �\ people of colorand Catholics;and i >< WHEREAS, as late as,the.1950's many Oregon cities did not permit minorities be on ((hl'c the streets after dark; and u WHEREAS, the lingering effects of this history combined with present day discrimination continues to harm people of color_and limits the quality and dignity,of all our lives and it `• WHEREAS, any time the basic'human rights of any individual are denied, it demeans ?� ; the humanity of all members of our community who seek"Life, Liberty f and the Pursuit of Happiness," inalienable rights as acknowledged in the uu '' Declaration of Independence; and L •.. .r ../ - �a WHEREAS, the City of Ashland has recognized the rights of personal freedom of its to citizens and does not tolerate any violation of their civil/and or human (f tj`,• rights.. i,rl? NOW THEREFORE,.I ",CatherineM Shaw,.Mayorof the City of Ashland, acknowledge �t9 the mfustice of such historical exclusions and recognize how this legacy of fo discrimination can today inflict pain based on a persons identity due•to racism; sexism, a i� r S v dual r itutwnal and indivi heterosexism, religious intolerance, and other orms of msts t St oppression t?. a �R,�v • e,* nit' ��RF» `v a 5` rf .? P M1=t }� AND FURTHER THAT I Cathenne M Shaw,iMayor of the'Crty of Ashland call on our� � 'Ova governing bodies to review.this historical discriminahonZand to keep.an eye­.To olicy to prevent such discrimination based on an'mdMdual's identityfrom evep',--. dQ\ %-,occumng ZZ this2�day of February 1999 Catherine M. Shaw, Mayor ''IIjiU��l •. � v 1't\E'al(likr Barbara Christensen'City Recorder t�1{Il) � is J/ti� l = x • 9 V U / Sx / i \�//M1'.}t/ S ��� / \ y x ��^��/,p\Y •'r? 4{. • ,' ; °\ to-••\ +' " nom•-A , f :\ �.1' an ot\ 7It e i i� �' o�ir�' iF..2+' .. J�jjrri7� i.0 !' —• u'� ' . • .�Cr !�k/ t ah.. 1•..�....w• {�S. \�'�i, ...1^,�� \t � . ..� 9 ..n+'tl.. rU// , ' PROCLAMATION WHEREAS, the history of women in sports is rich and long, but there has been little national recognition of the significance of women's athletic achievements; and WHEREAS, women's athletics is one of the most effective avenues available through which women in America may develop self-discipline, initiative, c nfidence, and leadership skills; and o WHEREAS, the bonds built between girls and women through athletics helps to break down the social barriers of racism and prejudice, and the communication and cooperation skills learned play a key role in the athlete's contributions at home, at work, and to society; and WHEREAS, the number of funded research projects focusing on the specific needs of w men athletes is limited and the information provided by these projects o is imperative to the health and performance of future women athletes; and WHEREAS, this year's theme is "All Girls Allowed! NOW, THEREFORE, 1, Catherine M. Shaw, Mayor of the City of Ashland, do hereby proclaim GIRLS AND WOMEN IN SPORTS DAY in the City of Ashland, and call upon all citizens to recognize the important role ............ women's athletics play in the development of young women throughout the state. Dated this 2nd day of February, 1999. Catherine M. Shaw, Mayor Barbara Christensen, City Recorder MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL January 22, 1999 CALL TO ORDER Mayor Shaw called the meeting to order at 12:45 p.m. in the Civic Center Council Chambers. IN ATTENDANCE Councilors Laws, Reid, Hauck, Hanson, and Fine were present. Staff present included Police Chief Scott Fleuter, Director of Community Development John McLaughlin,Public Works Director Paula Brown,Director of Finance Jill Turner,Communications and Marketing Manager Ann Seltzer, and Director of Electrical Utilities Pete Lovrovich. PRESENTATION OF BOARDS AND COMMISSION SURVEY DATA Freeman gave a brief recap of the survey results,noting that they are a source of information in Strategic Planning and help staff liaisons to know what is expected of the Board or Commission. Mayor Shaw explained to the Council how members of Boards and Commissions are appointed and what their roles are in comparison to that of the Council. . Freeman noted that citizen and Council,as well as department head, input on Strategic Planning was also included in the packets. Councilor Laws stated that he would appreciate getting information ahead of time. OVERVIEW OF UPCOMING COUNCIUSTAFF WORKSHOP With regard to what could be expected next week,Freeman explained that the facilitator would be running the meetings and leading the process. Stressed the need to be action and result oriented. Friday the 29'will be a discussion of community values,working into identifying specific community values. This will transition into a discussion of what is on the minds of Council with regard to Strategic Planning. Saturday the 30'will begin with a brief visioning exercise,with the intention being to stay focused on big issues and then jump into goals,strategies and priorities. This then will be pasted into the values. By the end of the day Saturday, there should be a pretty good idea of the Council's vision,goals and strategies. 1999-2000 PROPOSED BUDGET PROCESS Noted that Council and staff should have a better idea of how to approach the budget after the weekend dealing with the Strategic Planning process. Handed out a copy of the budget calendar. Proposed defining an approach for the budget committee in that they meet in five meetings rather than one. This would bring everyone along at the same speed. Noted that some committees are held as sub-committees because there are outside interest groups than may prefer it this way. Turner brought attention to the Open Forum for Social Services. This would be an opportunity to go over the history and the process of funding. City Council Study Session Minutes 01/22/1999 1 LETTER OF UNDERSTANDING TO PARKS COMMISSION ON CALLE Discussion of intent that the design consider active flood measures,and that it accommodate as much water as possible without bringing walls to the back of the current shops. Also noted that in the long-term,the bridge design could be changed to accommodate 100-year flows,and this should be kept in mind. Brown provided an update,noting that in speaking with the State of Oregon regarding the Main Street bridge,which is under the jurisdiction of the Oregon Department of Transportation, it was indicated that there is funding available to upgrade bridges. But these funds come directly from the federal government under their bridge protection program. Stated that it will be 5-10 years before they even look at the Main Street bridge. Noted that there may be funds available sooner for the Water Street bridge. Explained that Water Street bridge and the Lithia Way culverts carry less water than Main Street,but in considering a 100-year flood event will need to look at the implications to the Main Street bridge as well. Reid feels that the letter to the Parks Commission should ask that they include flexibility in the design that could be altered if and when things change with the Main Street bridge. Laws stated that the Council must be clearer in the direction given to the Parks Commission,as the Calle design will need to be drastically different based on the intended final design of the Main Street bridge. Reid suggested that conveying a 100-year flood flow should be a goal,not a direction to the Parks Commission,and explained that she thought there was a desire to convey as much water as possible while maintaining the appearance and present uses of the Calle. Fine noted that he would like a revised timeline provided to the Council every 60 days. Also expressed concern that the Council is discussing major issues affecting the City and its appearance without allowing any public input. Mayor Shaw clarified that all Council was attempting to do was clarify for the Parks Commission the previous directions by the Council. Once the Parks Commission begins the design process, the public process will start. The memo of understanding being discussed is to clarify parameters so that the public process can begin and lead to the preparation of an RFP or RFQ. Wheeldon explained that the Council has been basing their direction on the OTAK report's recommendations,and in her mind the Council has already formally agreed to do these repairs. Council discussion of what the collective understanding of this issue is. Wheeldon noted that she was uncertain that the decision had been made to convey a 100-year flood through the North Main bridge,and suggested that she would like to look at a range of options. Laws suggested that both the Council and the Parks Commission look at a wide range of conceptual designs to look at all options available with active flood fighting measures,with the bridge as is or revised. Would like to see these concepts before moving ahead with final designs. Wheeldon asked how much water the North Main bridge can handle as it is,and Brown responded that it is probably in the 2700 cfs range. Discussion of how to proceed during the interim period until the Main Street bridge can be repaired,noting the need for active flood measures. Shaw noted that it was her understanding that the option presented by Brian McCarthy contained a number of options that would effectively retain the uses of the Calle while conveying a 100-year flood event. Shaw explained that this discussion was helpful in that it would help the Parks Commission understand the parameters necessary for preparing a clear RFP/RFQ. Asked for a point by point look at her letter to be sure that the items discussed at the study session and the regular meeting were adequately addressed so the public process could begin. Hauck noted that the letter needed to state that the final design would take into consideration the eventual re-design of the North Main Street Bridge,and whatever active measures are necessary to handle flows in the interim. City Council Study Session Minutes 0122/1999 2 Reid requested that language be changed so that references to a flood event indicate that the Calle be designed to accommodate"up to"a 100-year storm event. Fine asked that it be noted that the intent is to remain aesthetically pleasing and accommodating the current functions. Fine asked that a revised timeline also be provided when project activity updates are provided every 60 days. Mayor asked the Council to make a commitment to have port-a-potties with hand washing facilities available. Requests that the Parks Department begin with this immediately. Discussion of whose responsibility this is. Fine indicated that he did not want it to be considered that there was a consensus on this, as he felt the public involvement process leading up to this letter of understanding was not sufficient. It was suggested that the items presented here were based on the OTAK report which was previously adopted by Council. City Recorder Barbara Christensen indicated that she could provide Council with minutes from previous meetings where this issue was discussed to clarify some of the confusion on previous decisions. Mayor Shaw expressed concern that this might be viewed as circumventing the public process in any way, as she recognized the value of public process in reaching the best decision possible. Emphasized that this was a clarification of decisions made to date,and public process would proceed from this point for the design and flood control portions of the project. Agreed that it was a good idea to provide all Councilors with background from previous decisions. Discussion,with the decision to add the following in place of the last sentence of item#1:"It is the.understanding of the City Council that the design may include active flood management measures." AFN UPDATE Freeman noted that the State Economic Development Commission reported that the loan which was applied for to finance the project was denied as there was no legislative authority to fund a Telecommunications Project, and this would need to go to the legislature to be changed. Shaw indicated that the problem is if it were taken to the legislature,it may trigger their setting restrictions on this type of program by a City. With that in mind,this project would be better financed through the City's normal bond process for funding. Freeman stated that a complete plan will be presented to the public on February 24'". Reid suggested getting positive information out to the public without being specific or misleading,until more details are available. Emphasized the need to be pro-active with this. Lovrovich explained that this is being worked on. Freeman explained that it was best,at the advice of the experts,that some things be in place,such as a price structure and vendors. LIBRARY Stated that it was the objective of the Council to meet the May ballot deadline,which is March 18'". This would mean Council would need to address this item at their meeting on March 16". Emphasized that this was designed for a very active public process. Noted that the Mayor would serve as liaison on this matter. The Committee will make a decision regarding plans,designs,etc.that will be put forward to the public for a vote. Council agreed that this was an acceptable way to proceed, but asked that Council be kept"in the loop so they are aware of what occurs in the process. City Council Study Session Minutes 01/22/1999 3 RE-DISCUSS TIME FOR STUDY SESSIONS Indicated that this item would be discussed at Goal Setting. Also noted a need to clear food before the Council meetings begin. Councilor Wheeldon stated that she would be unable to attend 6:00 study sessions through March. ADJOURNED The meeting was adjourned at 2:30 p.m. Submitted by Barbara Christensen, City Recorder/Treasurer 4 ASHLAND HISTORIC COMMISSION Minutes January 6, 1999 CALL TO ORDER The meeting was called to order at the Community Center by Chairperson Jim Lewis at 7:35 p.m'. Members present were Jim Lewis, Terry Skibby,Gary Foil,Joan Steele and Vava Bailey. Also present were City Council Liaison Cameron Hanson, Associate Planner Mark Knox and Secretary Sonja Akerman. Members Dale Shostrom,Joyce Cowan, Keith Chambers and Curt Anderson were unable to attend the meeting. APPROVAL OF MINUTES Foil moved and Bailey seconded the Minutes of the December 2, 1998 meeting be approved as submitted. The motion was unanimously passed. INTRODUCTION Lewis introduced the new City Council Liaison, Cameron Hanson, to the Historic Commission members. PUBLIC HEARINGS Planning Action 99-001 Conditional Use Permit 630 Siskiyou Boulevard Suni Taker Knox explained this application is for a change of ownership for a traveler's accommodation. There have been no problems associated with this and Staff is recommending approval. Skibby moved to recommend approval of this application to the Hearings Board. Foil seconded the motion and it was unanimously approved. Planning Action 99-002 Conditional Use Permit and Site Review 90 Third Street Otto Glausi Knox discussed this application, stating it was unusual because the owners are requesting to operate a one-unit hostel as a nonprofit company in which the proceeds will be donated to the Oregon Shakespeare Festival or an organization that promotes the arts. The Glausis bought the house with the intention of using it for themselves and occasionally renting it to friends of the festival. They added on and remodeled the house with that in mind. Because it is zoned R-2, it would require the owner of the traveler's accommodation to live on site. The Glausis live in Eugene so the only way they could rent it out would be to form a nonprofit corporation in order to use the house as a hostel. There is only one other hostel in the City and it is truly affordable. This application is for a high-end hostel. The property has been improved to the maximum -there is not much more that can be done. Therefore, no exterior changes are being proposed. Staff does not see major problems with this proposal. The house will mainly be used for families or couples, with a maximum of six people per evening. Jim and Lou Norton, neighbors at 74 Third Street,called this up for a public hearing because they have concerns they would like addressed. If these concerns are worked out, the Nortons will rescind their letter. One concern is that a fence may be built between their houses. As it is, there are only six feet between the houses and staff doesn't feel a fence would be in keeping with a neighborly context. Staff would support no fence between the houses. Also, there is a common sewer line for both houses. Knox said the Glausis are aware of this and will deal with it. When the rear addition was built, there were no provisions for drainage collection so excess water runs into the neighbor's yard. Knox stated he will make the rectification of this one of the conditions of approval. He also noted he will be meeting with the Nortons at the site on January 7'"and invited the Commissioners to attend. Steele commented the house was originally a rental according to the Cultural Heritage Inventory. Skibby observed the house has had a variety of uses over the years and feels the proposed use will not be out of place. It is important to retain its residential use and character. When Bailey asked how many houses on that block are still residential, Knox answered there are two on the block. Jim Norton clarified there is no fence between the houses now. However, there is a fence between the backyards. They don't want a fence between-the houses because it would take away their access to the back yard from the front. Lou Norton stated the Glausis did not do much in the way of landscaping. Most of the yard is bark. The existing trees and shrubs were left as they were. She said she has seen an ad for the hostel and it states there is an enclosed private garden. In reality, there is a deck and more bark in the back yard. Steele pointed out since no one will be living in the house it would be difficult to maintain a lovely garden, as it would take a lot of time and energy. Tom Giordano, 157 Morninglight Drive, stated he represents the Glausis. He noted this is a unique project for Ashland as it is geared to people participating in the arts. Originally, there was confusion as to what the zoning actually was on this property. It was first thought to be zoned commercial, and later discovered it was zoned residential. The dividing line is between this property and the adjacent one, which is zoned commercial. The Glausis' attorney came up with the idea a hostel could be approved in the R-2 zone. Giordano said there is a delicate balance with the landscaping issue because the City is promoting low-maintenance, drought tolerant plants. The trees and major shrubs are still remaining. The fence that was constructed provides privacy for the backyard area. If the sewer line and drainage problems are conditions of approval, he said he feels sure the Glausis will take care of them. Knox remarked the hostel can easily revert back into a residence. Skibby noted the contractor who worked on the addition/remodel had come to the Review Board several times during the building process. This seems to be a good use for the house and surrounding area, and it will fit in well. He said he also feels comfortable with the nonprofit status of the hostel. Knox stated he will make sure the conditions are taken care of before the house is rented. Giordano added it is his understanding if the Glausis sell the house, it would need to be sold to a nonprofit company if used for a hostel. He also noted the booking and management of the house will be handled by a representative of OSF. Jim Norton clarified he and his wife are not opposed to the use of the house as a hostel. Lewis stated the Nortons have reasonable concerns, but feels confident they will be worked out. Steele moved to recommend approval of this planning action and Bailey seconded the motion. Itwas unanimously passed. BUILDING PERMITS Permits reviewed by members of the Historic Commission and issued during the month of December follow: 176 Harrison Street R. Anderson/K. Gosnell Remodel 664"A" Street Jim Lewis Addendum 41 North Main Street Dave Lewis Interior Remodel 84 Pine Street Lucy & Michael Kelsay Carport 440 East Main Street WSCO Remodel Gas Station 581 East Main Street Acupuncture and Sports Medicine Sign REVIEW BOARD Following is the January schedule for the Review Board,which meets every Thursday from 3:00 to at least 3:30 p.m. in the Planning Department: January 7' Skibby, Cowan and Lewis January 14'" Steele, Lewis and Bailey January 21" Skibby, Chambers and Bailey January 28' Skibby, Cowan and Foil OLD BUSINESS Project Assignments for Planning Actions r PA# Address Persons Assigned 96-086 685"A" Street Curt Anderson/Jim Lewis 97-018 661 "B" Street Jim Lewis Ashland Historic Commission Minutes January 6, 1999 2 PA# Address Persons Assigned 98-022 112 Helman Street Vava Bailey 98-039 Holly Street Joan Steele and Joyce Cowan 98-045 122 Church Street Vava Bailey 98-047 Between 548 &628 North Main Street Joyce Cowan 98-070 595 North Main Street Terry Skibby and Dale Shostrom 97-072 440 East Main Street Joyce Cowan 98-075 542 "A" Street Jim Lewis 98-091 559 Scenic Drive Vava Bailey Southern Oregon Historical Society Presence in Ashland Jay Leighton, Ashland Associate Program Manager for SOHS, introduced herself to the Commission. She related she would like to work with the members on projects and events such as National Historic Preservation Week. She announced she will set up a day to take the Commissioners on a tour of SOHS-owned facilities, which include sites in Jacksonville, White City and Medford. Also, she is in the process of soliciting ideas and information regarding monthly Saturday afternoon conversational history talks. Grant for National Register Web Site Steele stated this has been a daunting task and solicited comments, corrections, etc. on what she has already written. Ashland Public Library Lewis reported the following Monday his group would meet to choose the architect to do the space assessment for the library. He said he would like to send a letter to the committee from the Historic Commission regarding the direction it would like to see the library take. The members all agreed it is important to not detract from the Carnegie Library building and they are concerned a large addition will overwhelm it. The Review Board will work on the letter. Mark Antony Proposed Name Change Bailey moved and Foll seconded to send the revised letter as submitted to Doug Neuman, new owner of the Mark Antony, with a copy to be sent to Becky Neuman. The motion was unanimously passed. Location of Utility Meters Knox reported he had spoken with Pete Lovrovich, Director of the Electric Department, regarding the placement of utility meters. The Electric Department is now using a procedure book and will be able to apply certain sections to the Historic District. Skibby volunteered to go over the manual. Knox related Lovrovich is committed to making this work. Ashland Historic Commission Minutes January 6, 1999 3 NEW BUSINESS Foll stated it would be nice for the members to have business cards verifying they are on the Historic Commission. Skibby moved and Steele seconded to direct staff to research and order business cards for all Commission members. The motion passed unanimously. Foll noted he and his wife had traveled the old Route 99 from Ashland to Grants Pass after reading the article irrthe Medford Mail Tribune regarding this route. They had stopped in Gold Hill at the museum and noticed the museum was funded, at least in part, with SOHS money. He volunteered to work with Southern Oregon Historical Society in determining if Ashland would be eligible to receive monies. ADJOURNMENT It was the unanimous decision of the Commission to adjourn the meeting at 9:25 p.m. Ashland Historic Commission Minutes January 6, 1999 4 ASHLAND TREE COMMISSION JANUARY 7, 1999 MINUTES I. The meeting was called to order at 5:10p.m. by Chair Rich Whitall. Commissioners in attendance were: Donn Todt, Kerry Kencairn, January Jennings, Bryan Nelson and Rich Whitall. Staff was Robbin Pearce. II. Approval of minutes - Minutes were unanimously approved. III. Guests - Don Wolf and an adjacent neighbor were in attendance for Planning Action 99-006. Tom Giordano was present for Planning Actions 99-002 & 99-004. Mr. & Mrs. Norton for Planning Action 99-002. Cameron Hanson was present as the new Council liaison and Councilor David Fine was in attendance to observe. IV. Old Business A. Recommended Street Tree List - Staff reported the changes and corrections were being made in-house. The draft copy should be included in the next packet for commissioners corrections and additions. The March Tree Commission packet will include the final revisions. New copies should be ready by Arbor Week. Jennings suggested parkrow width be included on each page. It was decided to include recommended parkrow width in the appendix and with the matrix also. Discussion included how many copies will be printed, who they will be available for, if the data could be available on the City website or on disk. B. Street Tree Matrix - Staff stated the information had just arrived from City of Eugene and she will work with Nelson on this project. C. Tree Removal Mitigation Wording - Staff stated the information had just arrived from the City of Portland and she will be working with Kuenzel on this project. D. Information Handouts - The Commissioners selected the following handouts to have available through the planning office: 1. Trees in Construction 2. Don't Top Trees (include pruning techniques) 3. Resolving Tree Sidewalk conflicts 4. Ashland' s Urban Forest Office Staff will attempt to copy the handouts to ensure readability. If that doesn't work, staff will research the cost of having the handouts printed. E. Site Design and Use Standards Review and Timeline - Each Commissioner selected a section to review. They will report at the next meeting the status of each section. r • Ordinance Landscaping Requirements - Kerry, January • Parking Lot Landscaping & Screening Standards - Donn, Kerry • Street Tree Standards - Donn Water Conserving Landscaping Guideline and Policies - Rich • Ashland Boulevard Corridor - Bryan F. National Tree Trust Update - KenCairn reported she had talked with Linda Chesney and Kari Tuck, co-directors of North Mountain Park, about a potential nursery situation for trees through the National Tree Trust Program. Their concerns were: Deer protection for the nursery area, watering of trees through the summer months, weed control through the nursery area and siting of the nursery location in proximity to the house. Discussion included types of trees available and length of time required to grow the trees to useable size. It was decided this project is not viable for this group at this time. We will continue to look for trees or money for trees. C. Other Old Business - No other old business. V. New Business A. Site Reviews 1. PA 99-002 (70 Third Street) - Specific information was requested from applicant such as scientific as well as common names, clarification on some of the planting material, an actual plan as to what was installed. Recommendations included: a fine textured groundcover in the parkrow, additional plant material in order to ensure adequate coverage and the applicant should create good path access through the site. 2. PA 99-004 (Beach Street) - Asked applicant get a copy of "Trees And Construction" in order to protect the existing trees during construction. It was also recommended to use 1804 irrigation heads ups rather than 1806 heads. 3.PA 98-120 (Liberty Street) - The applicant was requested to address the evaluation criteria for suitability and conservation in hillside standards: tree health, tree structure, species, potential longevity, variety and size. A tree management plan was also requested. The plan should show tree canopy in scale with tree species in a more legible manner. Significant trees should be identified. A tree replanting plan should be developed. Commission recommended applicant use the services of a certified arborist. The Commission also requested the full impact of the cut and fill areas on the Ashland Tree Commission Minutes 2 ASHLAND TREE COMMISSION DECEMBER 3, 1998 MINUTES I. The meeting was called to order at 5:05p.m. by acting Chair Kerry Kencairn. Commissioners in attendance were: Donn Todt, Kerry Kencairn, John McClendon, January Jennings and Bob Kuenzel. Staff was represented by Robbin Pearce. II. Approval of minutes - John McClendon moved to approve the minutes. January Jennings seconded the motion. Minutes were approved unanimously. III. Guests - No guests IV. Old Business A. Recommended Street Tree List - January presented the corrected and updated list. Technical changes were made. Staff will collect the changes made by other commissioners to be included in the first draft. Staff will copy the changes onto a disk and have them ready at the next meeting. B. Street Tree Matrix - Staff has been playing telephone tag with Jeff Anderson from the City of Eugene. Hopefully the matrix information will be available for the next meeting. C. Other Old Business - The Soil Structure video has been paid for and will continue to circulate among the commissioners. The video will be available for developers especially where new parking lots are involved. V. New Business A. Site Reviews 1. PA98-118 (410 Williamson Wy) — The commissioners felt the use of Cobble rock questionable in the parking area. Also, In the parking lot, suggested expanding the planter to include the entire parking space and replace the crape myrtle with a medium stature shade tree. Shore pines get Pitch moth and are vulnerable to heavy winds; an appropriate substitute would be Austrian Pine. 2. PA 98-121 (963 B Street) - Great variety of plant material. No additional recommendations. ASHLAND TREE COMMISSION MINUTES DECEMBER 3, 1998 t r B. Site Design & Use Standards Review and Timeline - Staff asked each commissioner to review the relevant sections of the Standards and consider which one(s) they would be willing to work on. C. Tree Removal Mitigation Wording - Staff requested the commissioners develop wording to be used to supplement the request to protect trees during construction. Staff will contact other jurisdictions and have additional materials for the next meeting. D. Informational Handouts - Staff will present at the next meeting the variety of handouts used during the planning and building process regarding tree issues. Commissioners will review the handouts to determine if there are additional handouts which should be added to the library. E. Arbor Week Utility Flyer - Staff had requested any proposed changes to the Tree of the Year Form. It was decided to reduce the number of lines and to add an Oak tree graphic to the form. F. Other New Business - 1) Staff requested support in requesting an increase in the budget for 1999-2000. A memo addressing an increase will be submitted in the next month packet. 2) Staff has drafted a memo to Bill Molnar, Senior Planner requesting full size landscape and irrigation plans for each Tree Commissioner. 3) Kerry found information regarding free seedlings from the National Tree Trust. Discussion included the challenges to a tree planting project with seedlings. The possibility of the seedlings being grown in a nursery type setting and then planting them was more viable. Kerry will discuss the idea with the North Mountain Park team to see if they are interested. 4) Staff informed the Commissioners about the proposed Subsurface Drip Irrigation project on the Fire Department/Library island. A request for support has come from the grant writer. The City through the Parks and Recreation Department and the Conservation Division has been given. Staff will keep the Commissioners updated. VII. Adjournment - Meeting adjourned at 6:30 p.m. ASHLAND TREE COMMISSION MINUTES 2 DECEMBER 3, 1998 City Council Communication February 2, 1999 Submitted by: 1M Barbara Christensen Approved by: VVV Mike Freeman tylu- Title: Liquor License Application from Cordan Rickert dba/Wild Goose Cafe and Bar Synopsis: Approval of Oregon Liquor License as provided by OLCC. Recommendation: The City Recorder recommends approval of request for liquor license and has determined that the applicant has complied with the city's land use requirements, has obtained a business license and registered as a restaurant, if applicable. Background Information: New application, previously known as Oak Tree Restaurant& Lounge. CITY OF ASHLAND f Office of the Mayor -� o MEMORANDUM DATE: January 27, 1999 TO: City Council Members FROM: Mayor Catherine Shaw RE: Ashland Fiber Network Programming Committee Appointments I would like to appoint the following to the newly formed Ashland Fiber Network Programming Committee: Appoint Russell Silbiger for a term to expire April 30, 2000 Appoint Wes Brain for a term to expire April 30, 2000 Appoint Candice Chapman for a term to expire April 30, 2001 Appoint Lenny Neimark for a term to expire April 30, 2001 Appoint Tom Pyle for a term to expire April 30, 2002 Appoint Cathy Carrier for a term to expire April 30, 2002 Appoint Tom Garland for a term to expire April 30, 2002 Copies of the applications and ad as it appeared in the Daily Tidings, are attached. _ 1, Attachments: O4F00� L r I The City of Ashland has seven volunteer positions available on the newly formed Programming Committee for the Ashland Fiber Network Cable System. The primary purpose of the committee shall be to make programming determinations regarding AFN/CAN. For the initial appointments,two members' terms will expire April 30. 2000, two members' terms will expire April 30, 2001, and three members' terms will expire April 30,2002. If you are Interested In being appointed to a volunteer position on the Programming Committee for the AFN Cable system, please submit your request in writing with a copy of your resume (if available)to Mayor Catherine Shaw, City Hall, 20 E. Main Street before Friday.January 22. ,_, Russell Silbiger 562 Ray Lane Ashland, Or 97520 541 .482.6907 LIM January 18 1999 To: Mayor Cathy Shaw I would like to submit my name for a volunteer position on the Programming Committee for the Ashland Fiber Network Cable System. I believe I would be a valuable asset to the committee and to the Ashland community it serves. I will come to the committee with an open mind. My desire is that the system be a success and that the cable.services appeal to the entire community. I have absolutely no agenda in regards to programming. I wish to see that what the community wants and expects in a cable system be implemented in a manner that will be consistent within the financial goals of the City. One advantage that I will bring to the committee is my awareness and knowledge of over 20 channels not currently available to Ashland cable subscribers. As a subscriber to the Echostar Dish Network, I enjoy a wide range of programming, including Bravo, BBC America, and The Independent Film Channel. Having an alternative service will allow me to not only have a "hands on" approach to decision making, but give me additional independence to make decisions based on what others in the community want, rather than what appeals to me. While I write an opinion column for The Sneak Preview, I will refrain from commenting on the committee proceedings during my tenure. • Ashland resident since 1991 • Managing Partner Big Rock Investments, LLC • BA Business Management; Minor Economics Thank you for your consideration, Russell W. !7 Silbi er D � January 26, 1999 Mayor Cathy Shaw, I submit this as a very interested citizen in the Citizens Programming Committee for Ashland's fiber optic network. I learned late about the position last Thursday, and then had to leave work early Friday for Salem. Thus this late application. Resume Ashland resident, first in 1962 (fifth grade Lincoln Elementary). Off and on since then. Currently, buying a home "below the boulevard." Employed 7246 with Jackson County Fire District #5 (Talent Rural in '72). "Back to School" '86 - '91. AA, "Fire Science", Rogue Community College, BA, "Fire And Safety Engineering Technology, minor Fire Investigation", Eastern Kentucky University. 91' - Today Employed at Southern Oregon University with the Safety Dept.. Environmental Health and Safety Technician (Campus Safety Officer, working title) dealing with OR-OSHA regs/standards, fire safety, waste disposal, and such... Media Resume Independent Producer for Community Access Television (RVTV) last 2.5 years (40 plus shows) for both Jackson County Democrats (including eight campaign shows done 10/98 for $240), and OPEU District Four Productions "Unions: Power For People Who Work" ($800. a year budget). Member of UPPNET (Union Producers and Programmers Network), a national organization of 40 to 50 independent producers of labor videos). Have regular communications with producers Steve Zeltzer, SF, Julius Fisher, Vancouver BC, and Larry Duncan (LaborBeat), Chicago. Attended several Alliance For Community Media conferences within this last year(NW conference in Bremerton WA., and national conference in Portland, OR) Currently on the "planning committee" for RVTV's hosting the NW conference 4/29-5/1 this year. Read weekly editorials from Norman Solomon(syndicated/carried in the Register Guard, but not the Trib. or Tidings). Norman is associated with FAIR(Fair and Accuracy In Reporting) and a leader, nationally, as a media watchdog. He is currently invited to this years nw alliance conference, as is Michael Moore and Noem Chomsky-- my responsibility is the "main event." Brought "Making Contact" to our community, working with KSOC--Radio Free Ashland, every Sunday at 10 AM. In closing I am very interested in helping to provide a citizen's voice as we consider "programming" for Ashland's fiber optic provided television. I am very concerned about the dominance of corporations in their owning of mainstream television (they tell us "and that's the way it is" every day, and we believe them). There is more. Please consider my late request. Wes Brain, 298 Garfield St., Ashland, OR, (h) 482-6988, (w) 552-6909 January 22,1999 _ Cathy Shaw Mayor, City of Ashland ' City Hall ` - �a Ashland, OR 97520 Dear Mayor: I read in last night's Tidings about the cable programming committee openings. I am a long time resident of our fair city, and I am interested in serving on this committee. I have enclosed a resume of my past volunteer involvement and other pertinent qualifications. Thank you, M. Candice Chapman Candice Chapman 715 Elkader Street Ashland, OR 97520 Cable Programming Committee Ashland resident since February 23,1971 B.F.A., theatre arts, Southern Oregon State College, 1975 active member of Lincoln School P.T.O., nine years, one year as President parent classroom volunteer at Lincoln School, nine years, much of this time was spent on curriculum committees and various organizing efforts parent volunteer on Cross Grade A, six years, this work included time in the classroom and time planning and implementing various activities Odyssey of the Mind parent helper, five years, one year as coach parent volunteer at Ashland High School in the library and in the theatre productions and weekend trips, four years member of Ashland High Arts Advocates!, four years, currently vice-president assistant stage manager for AHAA! Winter Fine Arts Festival Between my work at the schools and my theatre background I have a lot of experience working on committees and other collaborative projects. Lenny Neimark 380 Kent Street •Ashland, OR 97520 • (541) 482-6218 January 22, 1999 Mayor Cathy Shaw --7— 20 East Main Street Ashland, OR 97520 �;; �• < ? ''' {: + 1 �l —.. . ..... ;. '.t. is Dear Mayor Shaw, I'd like to express my interest in serving as a volunteer to the programming committee responsible for determining the Ashland Fiber Network's cable TV content. I believe my background in film and television, as well as my general interest in programming and content development, including that required by my writing activities, holds me uniquely suited to the work of this committee. I'd like to remind you also of my nearly four years of service as a commissioner to the Ashland Forest Lands Commission. And I might also note my prior involvement with the Ashland Chamber (VCB) Film & Video Subcommittee, as well as the National Federation of Local Cable Programmers 1992 northwest regional conference at the SOU campus. I am attaching a recent copy of my curriculum vitae. I'll look forward to hearing from you in this regard. Cordially, Lenny imark Lenny Neimark 380 Kent Street Ashland, Oregon 97520 (541) 482-6218 Production Experience 1987-present Freelance director, producer,writer, production manager, location manager. Feature films, commercials, and television in numerous locations including Los Angeles, San Francisco, New York, and the Pacific Northwest. 1992-present Freelance Avid (non-linear, digital) film and video editor. Narrative, educational, and documentary. Versed in Avid Media Composer and Avid Media Suite Pro. National Clients Include: Nissan, Cadillac, Toyota, Chiat-Day (LA.), Saachi&Saachi (LA), DMB&B (Detroit), Pacific Telesis, Los Angeles Times, Momentum Films, Happy House Productions, M Squared, Rittenhouse Communications. Local Clients Include: Medford Clinic, Cell-Tech, Town &Country Chevrolet, AutoNation/ McCoy Advertising, Image Grafx, SOU Media Center. Film & Television Credits Include: Ruby Ridge. CBS television mini-series; Edgar J. Schenck Associates: with Laura Dem&Randy Quaid; Roger Young, director, 1996—location manager. The Real Thing, feature film; wT Entertainment; with Rod Steiger, James Russo, &Emily Lloyd; James Merendino, director, 1995—location manager. Talent for the Game, feature film; Bobwin Associates; with Edward James Olmos & Loraine Bracco; Robert M. Young, director, 1991—assistant to the director, pre-production. I'm Dangerous Tonight, USA Cable movie; BBK Productions; with Anthony Perkins &Madchen Amick; Tobe Hooper, director; 1991—assistant location manager. Wild at Heart, feature film; Propaganda Films; with Nicolas Cage, Laura Dem. &Harry Dean Stanton; David Lynch, director; 1990—assistant location manager. Nightmare on Elm Street V.the Dream Child, feature film; New Line Cinema: with Robert Englund; Stephen Hopkins, director; 1989—assistant director 2nd unit; assistant location manager. House of Games, feature film; Balhouse Productions; with Joe Mantegna & Lindsay Crouse; David Mamet, director; 1987—production assistant. Dominick and Eugene, feature film; Farrell-Minoff Productions: with Tom Hulce, Ray Liotta, &Jamie Lee Curtis; Robert M. Young, director; 1987—assistant to the director. Creative Product Films Writer/Producer/Director Rhythm 'n Dues, an original film. Shot in Panavision and released in Dolby stereo. Picked up for distribution by Coe Films, Inc. of New York. Also edited, wrote, and performed the music for the project, 1988. Co-Producer/Co-Director Four Film Shorts. Screened in Los Angeles, 1987. Scenic Designer/Actor The Last Call, an original film. Designed and built the set entirely on soundstage. Also played supporting cast role, 1987. Writer/Producer/Director JhVams, an original video short, 1986. Writer/Producer/Director Simple Treasures, an original short film, 1985. Cinematographer The Real Ltfe of Benjamin, an original short film, 1985. Writi Screenwriter Our Brother's Keeper, an original screenplay. Currently in submission to agents and producers, 1998. Author Bare Cheeks on a Rising Moon, a novel. Currently in submission to literary agents and publishers in New York and Los Angeles, 1995. Author The Pasta-Popcom-Chocolate Diet, a humorous approach to better eating. Published by Thin-Tech, Cathey's Valley, CA, 1991. Screenwriter Wanderlust an original screenplay. Optioned for production in 1990 by Toccata Productions, Los Angeles (rights since reverted). Screenwriter Los Niinos del Mundo(Children of the World), an original screenplay, 1987. Stare Director A Doll House, play by Henrik Ibsen. Staged at Actors'Theatre, Miracle Playhouse, Talent, Oregon, 1994. Writer/Director All God's Children, an original stage play, produced and performed publicly in Los Angeles, 1984. Lyricist/Producer/Director Phantom of the Opera, a musical stage adaptation of the Gaston Leroux classic. Published by Pioneer Dramatists, Denver. Performed in Sacramento and Reno, 1981-1983. Stage Manager/Performer Discovery Players, a children's theater road show, Sacramento and northern California, 1980-1981. Music Songwriter/Singer Lifetime, original published music, 1985. Musician/Manager Spheroid, a touring musical company, Detroit, 1975-1976. Business Experience 1985-present i productions/Soul Proprietor—my own independent production company responsible for the production and promotion of personally developed scripts and creative material; umbrella organization for freelance work. 1992-present "The Mac Man"--expert Macintosh computer consulting and training for clients throughout the Rogue Valley and in the Bay area, including one-on- one and classroom training, system and network analysis, troubleshooting, program development, and Internet/World Wide Web presence and connectivity. 1978-1981 New Age Record/Bass Lake Publishing Companies—co-founder, manager, and musician; produced and published several musical acts and records in the Sacramento area. Bass Lake Publishing Company is still active today. Education M.F.A., Film Production, University of California, Los Angeles, 1988 BA, Summa Cum Laude, Directing/Theater Arts, University of California, Los Angeles, 1984 Recognition and Awards Screenwriting Award, dramatic writing category, SOU Writer's Conference Scholarship Contest, Summer 1992. Representation Acquired,Writers&Artists Agency, Los Angeles,Allen Greene, agent, 1988. National Finalist, Nissan Focus Competition, for film entry of Rhythm 'n Dues, 1988. Honorable Mention, Ann Arbor Film Festival, for film entry of Rhythm 'n Dues, 1988. Other Training Mac World Expo, Avid Editors'Training Seminar, San Francisco, 1993. Portland Creative Conference, Workshops, 1992-1993. Southern Oregon University Writers Conference,Ashland, Oregon, 1992. National Federation of Local Cable Programmers, Northwest Regional Spring Conference, SOU campus,Ashland, Oregon, 1992. The Independent Filmmaker Seminars, University of Southern California, 1984. Intern/Production Assistant/Script Reader, MJ&E Productions, Los Angeles, 1982-1987. Prsifessional Associations & Community Service Ashland Chamber (VCB) Film and Video Subcommittee. Southern Oregon Film and Video Association(SOFVA). Oregon Media Production Association (OMPA). City of Ashland Forest Lands Commissioner. American Hiking Society, volunteer trail builder. Spouse's Work Stage manager and actress with the Oregon Shakespeare Festival,Ashland, Oregon. Freelance actress and voice-over talent in the Rogue Valley, Portland, and San Francisco. Leisure Activities/Personal Interests Hiking, running, literature, music, theater, cooking, politics, history, travel, prestidigitation, paradox, and the glory and folly of humankind, References (additional references are available on request) Geoffrey Riley, Managing Producer, KDRV Television/Channel 12 1090 Knutson Ave., Medford, OR 97504 (541) 779-9755 Julia Tucker, Writer/Director 361 Scenic Dr.,Ashland, OR 97520 (541) 488-0961 Keith Ranney, Producer, Image GraEK/Master Wave Media 17515 N.E. 38th Court Redmond, WA 98052 (425) 503-3204 Dr. Mark Chllcoat, Associate Professor, SOU, Department of Communication 1250 Siskiyou Blvd., Ashland, OR 97520 (541) 552-6669 Mike Farrell,Actor/Producer P.O. Boat 6010-826, Sherman Oaks, CA 91413 (818) 789-5766 Robert M. Young, Film Director 10823 Wellworth Ave., Los Angeles, CA 90024 (310) 474-1394 Jerry Hirschfeld, Director of Photography 361 Scenic Dr.,Ashland, OR 97520 (541) 488-0961 David Pott, Director/Producer, Rittenhouse Communications 37 S. Delaware Ave.,Yardley, PA 19067 (215) 321-6860 Paul Nicholson, Executive Director, Oregon Shakespeare Festival 15 S. Pioneer St., Ashland, OR 97520 (541) 482-2111 Film and writing samples are available on request. 9 The Hon. Cathy Shaw, Mayor Jan. 22, 1999 Ashland City Hall 20 E. Main St. Ashland, OR 97520 Dear Mayor Shaw: I am writing to express my interest in serving on the Ashland Fiber Network programming committee. I hope my recent move from the city does not eliminate me from consideration. I was a 29-year resident of Ashland before retiring from Southern Oregon University and building a new home outside Phoenix. During that time period I served on many university, local, statewide, and regional committees and commissions, often assuming a leadership role. A few examples of my involvement: Member and chair, Ashland Parks and Recreation Commission; president, Ashland Little League; President, Mount Ashland Babe Ruth League; president, SOU Faculty Senate; president, SOU Association of Professors; chair, SOU Department of Communication; President, Pacific Northwest Association of Journalism Educators; board member, Association of Oregon Faculties; board member, Interinstitutional Faculty Senate; board member, Oregon Newspaper Publishers Association. My interest in the programming board is directly related to my undergraduate and graduate studies in mass communication combined with 31 years of teaching college-level coursework in that field. I have taught and done extensive research in the areas of media and society, media ethics, media law, and freedom of speech. As an emeritus professor, I continue to teach courses in each of those subject matters. I hope I have provided enough information to allow you to give my application your most serious consideration. I may have moved from Ashland, but I am still interested in serving what I still consider my home town. I feel the city's new fiber network programming committee is one that could benefit from my experience. Sigsc� Thomas W. Pyle 2298 Camp Baker Road Medford, OR 97501 THOMAS WILFORD PYLE Emeritus Professor of Journalism Department of Communication EXPERIENCE: 1969-Present: Instructor, Assistant Professor (1974), Associate Professor (1987), Professor (1995), Emeritus Professor of Journalism (1998), Southern Oregon University, Ashland, Ore. 1991 (summer): Copyeditor, Arizona Republic, Phoenix, Ariz. 1969-1990: Faculty Adviser, Siskiyou newspaper and Raider yearbook, Southern Oregon University, Ashland, Ore. 1979-1985, Chair, Department of Communication, Southern Oregon University, 1990-91 , 97-98: Ashland, Ore. 1977 (winter Temporary Instructor of Journalism, Utah State University, Logan, Utah. and spring): (On sabbatical leave from SOU.) 1976 (June- Reporter (city government and business), Medford Mail Tribune, December): Medford, Ore. (On sabbatical leave from SOU.) 1974-1976: Public Relations Director (part-time, unpaid), Southern Oregon Ski Association (Mt. Ashland Ski Area), Ashland, Ore. 1972 (summer): Interim News Service Director, Southern Oregon University, Ashland. 1970-1981 Interim (for vacationing or departed staff) reporter, copyeditor, sports (most summers): editor, photographer, Ashland Daily Tidings, Ashland, Ore. 1967-1969: Instructor of Journalism, Director of Public Information, newspaper and yearbook adviser, Trinidad State Junior College, Trinidad, Colo. Occasional Interim Editor, Chronicle-News (daily), Trinidad, Colo. 1964-1966: Reporter (sports and general assignment) and copyeditor, Boulder Daily Camera, Boulder, Colo. 1962-1964: Sports Editor, Editor, Lumberjack student newspaper, Northern Arizona University, Flagstaff, Ariz. 1963 (summer): Printer, page compositor, Arizona Daily Sun, Flagstaff, Ariz. 1960-1962: Sports Editor, Editor, Trojan Tribune, student newspaper, Mesa College, Grand Junction, Colo. 1957-1960: Sports reporter, printer, page compositor, Boulder Daily Camera, Boulder, Colo. EDUCATION: Post-Master's Arizona State University, 1993-94 (terminal degree); University of graduate work Oregon, summer and fall 1985, summers of 1975, 1982, 1983, 1984; in Journalism: Oregon State University, summer 1984; Linfield College, summers of 1983, 1984; Utah State University, winter and spring 1977. Master's Degree: M.A., Education (Secondary Journalism and Social Science), Northern Arizona University, Flagstaff, Ariz., 1968. Bachelor's Degree: B.S., Mass Communications (Political Science minor), Northern Arizona University, Flagstaff, Ariz., 1964. Associate's Degree: A.A., Mesa College, Grand Junction, Colo., 1962. TEACHING SPECIALTIES: Mass Media and Society, History of Mass Media, Freedom of Speech, Mass Media Law, Mass Media Ethics, Newspaper Operations, International Mass Media, The First Amendment, Newswriting, Copyediting, Journalistic Writing. RECENT PUBLICATIONS: "A Quarter-Century of Challenges," Oregon English Journal. Oregon Council of Teachers of English, fall 1994 issue; also accepted by Educational Resources Information Center (ERIC). "The New Oregon Question," Arizona English Bulletin, Arizona English Teachers Association, fall 1994 issue. Review of book, Democracy and the Problem of Free Ste, for the Free Speech Yearbook, Speech Communication Association, 1994 volume. "Guilty Until Proven Innocent," for Society of Professional Journalists Valley of the Sun Region 11 Newsletter, January 1994. "College Internships Mean Employment" and "Professors Make Qualified Interns," Oregon Newspapers Bulletin, Oregon Newspaper Publishers Association, April 1992. LEADERSHIP POSITIONS: Professional: Editor, Accreditation Report, Southern Oregon University, 1996-97; President, Faculty Senate, SOU, 1995-96; Member/Secretary, Executive Board, Interinstitutional Faculty Senate (statewide), 1996; President, Association of Professors at SOU,1992-93; Member, Executive Board, Association of Oregon Faculties (statewide), 1992-93; Member, Board of Directors, Oregon Newspaper Publishers Association, 1990-92; Member, Interinstitutional Faculty Senate (statewide), 1988- 92; Chair, Curriculum Committee, SOU, 1991-92; Chair, Department of Communication, SOU, 1997-98, 1990-91 and 1979-85; President, Pacific Northwest Association of Journalism Educators, 1988; Chair, student publications board, SOU, 1988-90; Organizer, host, annual First Amendment Seminars, SOU, 1986-1996; numerous other university committee memberships. Community: Former Chair, City of Ashland Parks and Recreation Commission; Former President, Ashland Little League; Former President, Mount Ashland Babe Ruth League; Board Member, Mount Ashland (Ski) Racing Association; Former Vice President, Ashland Softball Association; Youth-of-Month Committee Chair, Ashland Kiwanis Club; Fundraiser, Ashland YMCA and Southern Oregon University Raider Athletic Association. One Click Systems TEL N0 . +1 541 4883492 Jan 23 ,99 15 :40 P .02 Cathy Carrier 2962 Nova Drive Ashland, Oregon 97520 541-488-3325 January 22, 1999 �- The Honorable Cathy Shaw s , 4° a yr it r l Z.. I Mayor of Ashland 20 East Main Street �jLTM-iii=IILJ Cpl Ashland,OR 97520 ----------- fax-488-5311 Dear Cathy, I am applying for the volunteer programming committee for AFN. You will see from the attached resume I have an extensive career in the TV media business. What my resume does not show is I began my career when cable was just a way for rural communities to be wired to receive the "Big 3" networks. I worked selling commercial time for Viacom/MTV Networks when they were one of the first networks to sell cable time. I've watched the television programming world proliferate. FCC Chairman Michael Kennard has stated that the FCC is all for competition in the cable universe and I definitely agree with him. It is wonderful that Ashland has agreed to a fiber network and using cutting edge technology to take charge of its own telecommunications life. I would like to be a part of that. I bring to Ashland a whole background of experience and skills. I am bright, articulate, a quick learner, enthusiastic, creative, organized and like to have fun at what I do. Thank you for your time and consideration. I look forward to hearing from you. Cordially, Cathy Carri r attachment/ One Click Systems TEL N0 .+1 541 4883492 Jan 23 . 99 15 : 41 P .03 Cathy Carrier 541/488-3325 2962 Nova Drive 541/488-3488 Ashland,Oregon 97520 HUHLIGHTB • Television advertising sales--strong sales and negotiation skills • Excellent presentation skills—group or one-to-one • Advertising agency media department/supervisor,planner,buyer • Ability to analyze,synthesize and problem-solve • Intelligent,professional, articulate,ability to think on feet • Achiever,sets and reaches goals • Creative,intuitive,resourceful, critical thinker • Can juggle many tasks at once • Thrive in a competitive,challenging environment • Sense of Humor Blair Television 1987-1996 San Francisco,CA Television Sales Account Executive Negotiated and sold television ad space for 140 TV stations to advertising agencies. Researched, created,and delivered sales presentations for sports and special sponsorships, including Olympics.Team player in a$23 million sales office. Made deals and packaged station inventory to reach desired sales goals. Seltel,Inc. 1985-1987 Chicago, I1. Television Sales Account Executive Negotiated and sold television ad space for 25 independent stations to advertising agencies. Sold sponsorships for special events,movies and sports. Marschalk Advertising 1983-1985 Houston,TX Associate Media Director Managed and trained a 5 person media department.Presented advertising strategy to clients and agency staff. Researched and planned all media for clients including: Coke Foods, Houston's Visitors Council, and Blue Bell Ice Cream. Supervised print and broadcast buyers. Negotiated radio and TV time,print and outdoor. B.S.-Journalism. California Polytechnic State University/San Luis Obispo rf Date: January 22, 1999L To: Mayor Cathy Shaw Re: Volunteer Position, AFN CAN Programming Committee Initially, I would like to thank you for offering us, Ashland residents, the opportunity to support programming developments with AFN's CATV service. As a news and entertainment consumer, yes more than enough hours in front of the television, I am very interested in contributing to the community vision of the AFN. I have followed the city council's recommendation process concerning the AFN since March of 1998. 1 am familiar with some of the anticipated hurdles of marketing such an incredible community asset. While not sure of the committee's exact needs, I can commit five to fifteen hours per week to the development and deployment of CAN programming. I look forward to meeting with you or your recommended contact concerning this request. Thanks in advance. Sincerely, Tom Garland 47 Union St. Ashland ph -488.8808 email: bird@mind.net .nnrn nTnvN iT'IRm NOsHRAARP XVA 40:LT INd 66/ZZ/10 47 Union Street Phone 541.488.8808 Ashland,Oregon 97520 E-mail hird @mind.net Thomas J. Garland OBJECTIVE Incorporate business experience into passion of supporting community based telecommunications utility. PROFESSIONAL Pacific Bell Mobile Services 1997-1998 EXPERIENCE Account Executive-San Francisco, California Developed territory for cellular phone start-up company from home office. Sold GSM products to small and large businesses in the San Francisco Bay area through cold-calling. Responsible for sales,handset education and account management. Created signal improvement evaluation for territory. Sprint Spectrum—American Personal Communications 1995-1997 Account Executive- Customer Care Representative—Bethesda,Maryland Sold Ericsson,Nokia and Motorola GSM handset products.Promoted from customer care to sales. Completed three-month customer care service training program. Voted top service representative by department. Responsible for all aspects of service activation,sales support,handset education and sales transactions. Personally activated over 3800 customers. Initiated new policy to accommodate special needs of foreign service personnel. NationsBank Securities 1994-1995 Sales Assistant—Bethesda,Maryland Assisted four brokers in full-service brokerage firm with daily operations. Responded to customer inquiries. Capitol Fiber Incorporated,The Washington Post 1992-1994 Procurement Manager—Springfield, Virginia Responsible for sales of paper recycling service and soliciting sources of secondary fiber. Expanded and managed tri-state territory. Increased total volume of throughput 100%. Manning-Smith General Contracting 1989-1992 General Partner—Charlottesville,Virginia Developed and serviced landscape account base. Estate plans incorporated open space and sustainable forest management practices. Valley Vail Foundation 1988-1989 Intern:Press Administration—Vail,Colorado Coordinated logistics for international press correspondents attending golf, ski, and tennis events. Recorded,documented and distributed event results. KI,ITE 1989 On Air personality and Produce r—Vail,Colorado Administered programming for radio station shift during winter season. Responsibilities included commercial production and copywriting. Southwestern Publishing Company 1986 Regional Sales Representative—Nashville,Tennessee Completed national sales management training program. Established territory in Texas selling reference manuals. Recognized in top sales group. EDUCATION McIntire Business Institute,The University of Virginia 1988 Charlottesville, Virginia Participated in six-week program,which utilized the case study method. Studied accounting, marketing and finance. The University of Virginia—Charlottesville, Virginia 1986 BA,Rhetoric and Communications. Curriculum focused on media analysis and public speaking. ACTIVITIES Jefferson Public Radio—Ashland,Oregon Current Produce on air shifts and pre-recorded programming. Marin Agriculture Land Trust—Point Reyes, California 1998 Volunteered as tour guide with agricultural open space cooperative. Nationally recognized model for sustainable agriculture. The Marine Mammal Center—Sausalito,California 1997-1998 Volunteered for weekly eight hour shift tending to marine manmuls. Attended to record number of"patients"during El Nino year. Lacrosse Coach—The Branson School. Ross, California 1998 Assistant coach with school in 30 team high school league. South Australian Lacrosse League—Adelaide, South Australia 1987 Participated in Australian lacrosse league as player,coach,and referee. University of Virginia Disc Jockey—WUVA International Student Host—student liaison for foreign nationals. Delta Plti Fraternity Madison House—Community based volunteer organization. Project A. Inc. 541 488 1851 P. 01 Project A Inc. 340 A Street,Bldg.1 Ashland,Oregon 97520 • 541.488.1702 voice 541.488.1851 fax • wwev.projecta.com facs' ' e ft-ansnuttal To: Catherine Shaw Fax: 488-5311 w From: Steven Belsky Date: 01/22/99 Re: Cable Programming Board Pages: 4, including this one CC: ❑ Urgent 0 For Review ❑ Please Comment 13 Meese Reply ❑Please Retyd Dear Mayor Shaw, 1 respectfully submit the enclosed resume and ask that you consider me as a member of the Cable Programming Committee. As a 20+year resident of Ashland and a longtime customer of our local cable television providers, I am quite concerned about the quality of cable television service we receive. I would welcome the opportunity to participate in overseeing the Ashland Fiber Network's cable television system's content. Thank you for considering me for this position. Sincerely, //9"" & Steven Belsky 609 Elkader Street Ashland,Oregon 97520 . . . . . . . . . . . . . . . . . _, immmiatolvat541-488-1702 Project A, Inc. 541 488 1851 P. 02 Steven F Belsky 609 Elkader Ashland, OR 97520 503.482.8578 EDUCATION: Southern Oregon State Received MS degree in Business Administration from SOSC in March, College 1990. Recognized as Outstanding Graduate Student. Received BS in Business Management with minor in Speech Communication in March, 1989. Received Human Resource Management Student Award for 1989. Recognized as Outstanding Management Graduate. Inducted into Phi Kappa Phi. EMPLOYMENT: Technology Specialist Primary responsibilities include systems analysis, consulting and for Ashland School research,as well as maintenance and troubleshooting of Macintosh and District PC-compatible hardware and software. Work closely with District Admininstration and faculty regarding strategic issues related to high technology. (February 1995 to Present) Marketing Manager for Responsible for coordinating high-level marketing and sales efforts of WinCare Inc. company,including initiation,development and management of national sales consultant network,and development of strategic marketing/sales alliances. Also responsible for customer relations, customer service,development of sales and marketing literature, and development of product user manual. (November 1994 to April 1996) Independent Work includes advising clients on personal and professional needs Technology Consultant relating to the acquisition of computer hardware and software,as well as individualized training in DOS,Windows, application software,hard drive and file management, and equipment maintenance and repair. (May 1994 to Present) Product Manager for Coordinated all phases of software product development,including Paul Mace Software Inc. conception, programming, technical support,documentation, marketing,promotion and sales of software products, and technical liaison between project team and management. Managed on-line services for company. Assigned tasks and managed subordinates on a daily basis. (December 1992 to November 1993) Business Manager for Primary responsibilities extended to all phases of operations Paul Mace Software Inc. management. Worked with management team detailing sales and marketing strategies, represented company at trade shows and through written and oral communications.Served as contact person between company and business partners and clients. Secondary duties included purchasing,inventory control,customer relations,project management, technical/sales literature and contracts. Was instrumental in discovering and developing strategic alliances. In charge of customer service for company. (May 1990 to December 1992) Graduate Assistant for Responsibilities included technical research, statistical survey research, the Management report formulation,computer simulations,and student advising. Department,School of Taught many classes,some of which required learning and using Business,SOSC. specialized software. Earned position as a result of academic achievement and interpersonal skills. Worked closely with faculty,staff, and students. (April 1989 to March 1990) PERSONAL I am a well organized,motivated person who is always looking for QUALITIES: ways to work more efficiently.I appreciate the effectiveness of working as a team player,and I truly enjoy working with people to Help them be more effective. I am proficient using Macintosh and IBM PC-type computers,and am fully familiar with DOS,Windows 3.x, WordPerfect,Word for Windows,Lotus,Quattro, Excel,Ventura Publisher,ACT, and a wide variety of other software. ACHIEVEMENTS: Steering Committee (Winter 1994 to Summer 1995) Member,Rogue Valley Worked within the administrative group to plan and coordinate the Technology Fair 95 inaugural Rogue Valley Technology Fair at the Medford Armory. This successful event showcased 52 local high technology vendors and drew over 1,200 attendees. Information Systems (Fall 1989) Analyst Intern for City Worked independently to formulate strategic plans for the development of Medford. of citywide information system.Developed and maintained close association with all city departments. A detailed report was submitted to and accepted by Harold Anderson,City Manager.The City has since adopted and implemented this long-term plan. Chairperson, (Fall 1988 to Spring 1989) Educational Activities Directed budget request meetings for allocating school funds. Was Advisory Committee at responsible for management of committee meetings. Helped draft, SOSC. present,and defend budget at Incidental Fees Committee hearing. Budget was completed in time and within specified guidelines. AFFILIATIONS: Board of Directors,Software Association of Oregon 96-97 Secretary,Software Association of Oregon,Medford Chapter 95-97 Steering Committee,Rogue Valley Technology Fair 95-96 1 ; t January 19, 1999 Mayor Catherine Shaw City Hall 20 E. Main Street Ashland OR 97520 Dear Mayor Shaw: Please consider me as a volunteer applicant for the Ashland Fiber Network Cable System program committee. As a recent retiree who has joined your commmnity after three long years of pursuing that goal, I am ready to contribute. College electronic networking, department computer lab designs and set-ups, and design and execution of computerized lighting systems are part of my experience. My advisory work for NASA involved the design and preliminary testing of a new electronic communications system. Successful committee work has been an integral and important part of my professional work. Consensus building is a way of life in educational institutions . An interview at your convenience would be most agreeable. V;t9Truly Yours, d�otti 837 Cobblestone Court. Ashland OR 97520 482-2536 -- <etgui @juno.com> 837 Cobblestone Ct . , Ashland OR 97520 (541) 482-2536 <etgui @juno . com) Ettore T. Guidotti Address Phone Number e-mail OBJECTIVE Adjunct or Part-time teaching or directing position in Theatre Arts. Thirty-five years experience in College or University Theatre. Recently retired after eleven years as Chair. EXPERIENCE Eastern Illinois University Theatre Chair and Professor 8/87-8/98 Managed a department of eight faculty and three staff while teaching two or three classes a year and directing two shows while producing fourteen shows a year. Fiscal Agent for a combined budget of$595,000. Re-wrote major core curriculum,added four faculty and two staff,increased major count from eighteen to seventy-two,instituted New Playwrights and New Directors Series,increased audience attendance by Zoo%,initiated a summer professional repertory season,introduced Information Technology and provided for a faculty and student computer lab,designed and supervised the installation of two computer driven lighting systems, arranged for a new storage facility to be built on campus,increased scholarships from eight to nineteen,and upgraded the physical plant. Courses Taught Speech Fundamentals,Arts Omnibus,Non-Western Arts,Youth Theatre, Acting I,Script Analysis,Directing,Advanced Directing,Lighting Design,Advanced Oral Interpretation,World Theatre and Society,Media History and Theatre History I and II. Shows Directed Anything Goes Kiss Me Kate Dames At Sea Sip The World Jac yes B=L 1776 A Funny Thing Happened On The Way To The Forum Babes In Arms. The Fantmtick.s-and Viet Rock.Rumors Barefoot In The Park. lion,The Imag n� arr Invalid_ The Imp ortance OfBeing Earnest, A Midsummer Nights'Dream.and Mildred Wild-The Roses In The Rand. Sister George Slow Dan a On The Killing Oronnd. Marat/Sade, Antigone The Lark The Rimers Of Eldritch Hnnse Of Rlne Leaves and Collision Cnurse. Original Children's Shows—Produced and Directed Sinhad The Kuhuki Sailor. Cinderella—The Godfather's Version_33=- Wizard Of Ox—Totn's Tale The Fmperor's Daughters New Clothes and Pinocchio In La I land. EDUCATION MFA University of Iowa, Directing/Playwriting MA University de las Americas Communications/Theatre Arts BA New York University, General Studies ACCOMPLISHMENTS NASA Communications Consultant NEH Fellow in Japanese"Theatre and Music WOODROW WILSON Fellow In Cultural Studies CANADA FILM BOARD Internship OLD GOLD Fellowship ACFF Merit Awards In Directing(Y) Fran Berteau _letter From: Cate Hartzell <hart@mind.net> To: Ashland.Main(Fran) Date: 1/22/99 2:57PM Subject: letter Cate Hartzell �I i 881 East Main Street Ashland, Oregon 97520 1 January 22, 1999 .. ......-.__------------------- Mayor Cathy Shaw Ashland City Hall Ashland, Oregon 97520 Dear Cathy, I want to express my willingness to serve on the Programming Committee of the Ashland Fiber Network.As you know, I participated on the Strategic Steering Committee for the AFN and am interested in how the effort moves forward. The Programming Committee's charge is a challenging one, considering the fixed nature of its role and how the Cable Industry is currently organized. Whether serving on City committees or working professionally in regional groups, I have a strong commitment to working to identify common ground in potentially contentious discussions and maintaining respectful relationships among group members. My family does not subscribe to cable services, though is feeling the pressure to do so because of poor N reception in town. We have resisted the notion of buying 20 stations when we only want three. While I know there are constraints that drive these options, I have heard many people express similar sentiment and hope for incremental change. I have a strong interest in exploring how the AFN can not only serve the needs of our diverse community, but help enhance our community.As you know from my work on the Budget Committee, social equity is very important to me. I believe there are examples of similar committees that will provide useful guidance for our own and I assume that the City will encourage this Committee to learn from others' experiences. As you know, I will continue to work within our community. The combination of expertise needed on this Committee is broad; I hope many people apply. If you determine that I would fill a niche that cannot be represented by another applicant, I would be willing to serve a short term. Thank you for all that you contribute to our community as Mayor and resident. Cate Council Communication Public Works Department �Q February 2, 1999 Submitted by: Paula Brown Reviewed by: Paul Nolte Approved by: Mike Freeman ►�y,� Title: A Resolution Levying Assessments to be Charged Against Lots Within FOUR Separate Local Improvement Districts; Dogwood Way Local Improvement District No. 75; Orange Avenue Local Improvement District No. 76; Ann and Clinton Streets Local Improvement District No. 71; and North Mountain Avenue Local Improvement District No.72 Synopsis: This Council action is required under the Ashland Municipal Code as the final step in the process to levy assessments to lots within local improvement districts. All of the four improvement districts were established by the City Council prior to enacting the improvements, and all of the improvements have been completed. In addition, as a result of the Council's December 15, 1998 action regarding new LID practices, all of the assessments with the exception of Dogwood Way and North Mountain Avenue, have been reduced 10 percent and, as applicable, additionally reduced to reflect the City's participation in sidewalk expenses. Recommendation: It is recommended that the City Council adopt the attached resolution levying assessments for the lots within the Dogwood Way Local Improvement District; Orange Avenue Local Improvement District; Ann and Clinton Streets Local Improvement District; and the North Mountain Avenue Local Improvement District. Background Information: At the City Council's last meeting on January 19, 1999, a public hearing was established for 7:00 p.m., February 2, 1999, to consider objections to the proposed assessments for the lots within the Dogwood Way Local Improvement District; Orange Avenue Local Improvement District; Ann and Clinton Streets Local Improvement District; and the North Mountain Avenue Local Improvement District. This public hearing was published on January 22, 1999, and notifications were mailed to all affected property owners on January 20, 1999 by the City Recorder as required. The information shown on the attached resolutions, although different from the initial assessments was exactly what was mailed to each affected lot owner. Staff has received several questions regarding the assessments, and at this time we have received two written complaints from residents regarding the Orange Avenue LID. Both are attached to this staff communication. The first concern is from Don and Janet Dolan (160 Orange Avenue) regarding drainage and the new sidewalk. Staff will evaluate the property and recommend necessary revisions. Staff may be able to correct the problem and does not recommend adjusting their assessment. The second concern came from Harvey Rupp and Marianne Strong (191 Orange Avenue) and describes objection in general to the formation of the LID. Staff may receive additional concerns and will address that at the Public Hearing at the Council Meeting. Each of the four improvements are described below and the summaries are attached: Dogwood Wav Local Improvement District No. 75 was established on May 21, 1996 at the request of the neighborhood. The street improvements were required as a condition of the City's acceptance of Dogwood Way as a public street. The City acted as the prime contractor on this project, acquiring sub-contractors as needed. Adroit Construction completed all of the concrete curbing and the City's Street Division completed the paving improvements within the district. The final cost of the project was $23,291.28 which includes associated City provided engineering and administration and interest costs. Resolution 96-23 estimated the assessed total cost at $22,740.00, or $1,749.23 per lot. The final cost is slightly higher than the estimate and assesses each lot at $1,791.64. Orange Avenue Local Improvement District No. 76 was established on January 21, 1997. Engineering and final design were completed by KAS & Associates and the construction was completed by LTM, Inc. The final assessment total cost, including design, administration and interest was $67,167.15 and included improvements to the storm drain, sidewalks, and pavement. The original estimated assessment total was $85,024.19 per Resolution 97-05. A credit of 25% of the sidewalk costs was applied as well as the 10% Council"existing LID credit". The final assessment is $57,836.42, significantly less than estimated, and is assessed on a per front foot basis as shown on the attached documentation. Ann and Clinton Streets Local Improvement District No. 71 was established on April 4, 1995. Engineering was completed by KAS & Associates and construction was completed by LTM, Inc. The final assessment total cost, including design, administration and interest was $159,238.18 and included complete street construction, sidewalks and storm drains. The original estimated assessment total per Resolution 95-09 was $125,215.00. A credit for 25% of the sidewalk costs was applied as well as the 10% City Council "existing LID credit". The final assessment is $137,517.53, (8.9%) higher than originally estimated, and is assessed on a per foot basis as shown on the attached documentation. Final assessment has been adjusted to reflect a $5,000 credit due to the owner of lot 391E4DD Tax Lot 1600 on Ann Street for a right of way dedication. North Mountain Avenue Local Improvement District No. 72 was established on June 20, 1995. Engineering and final design were completed by KAS & Associates and construction was completed by LTM, Inc. The final assessment total cost including design, administration and interest was $351,327.11 and included street improvements, paving, sidewalks and storm drains. The original estimated assessment per Resolution 95-21 was $303,615.65. No credits were assigned to this LID. The final assessment on North Mountain Avenue was $351,327.11, which included a considerable increase to the contract due to constructing and paving the parking lot not originally included in the estimate. DON & JANET DOLAN 60 ORANGE AVE. CITY RE DER 19�vSHLAND, OR 97520 ASHLAND CITY HALL 20 E. MAIN ST. ASHLAND, OR 97520 Dear Barbara, I am filing this letter as a complaint against the full levy that may be assessed our property. The recent rains have clearly defined a problem that the sidewalk and curb have created for us that did not exist before. The walk and curb have effectively created a dam that in turn creates a swamp/"pond" during rains that will require some extensive work on our part to correct. The city workers came by and suggested putting. in perforated pipe across the entire front of the property and then connecting it to my drain pipe with a "tee" thus allowing the water access to the street. It would also require filling in the area between the walk and my fence to bring it to a level that would not allow a "pond" to form. The whole thing seems like a lot of work and of course was not known when we bought the property in Sept. 1997. The photos are not terribly helpful in showing the problem, but believe me when I say that the walk created a dike that makes walking to the house an "adventure. " I have no idea how much this work will cost but I would like to ask for at least a $500 reduction in the levy to help pay for the necessary correction in drainage. Thank you for your concern and the board' s consideration. Sincerely yours, DON DOLAN & JANET DOLAN 1 �itL•--c , &:R 575.20 City Recorder "</ Ashland, OR 97520 'Y 261999 Re: Objections to proposed assessments within the Orange Avenue Assessment District I have several specific objections to the subject assessments. From the beginning of this assessment process there has been an unconscionable disregard for the onerous cost,to owners, for improvements made to the Orange Avenue District. Instead of spreading the cost of these improvements,which benefit all citizens, a few of us are being unfairly forced to pay a tax on our property(in my case almost a 3% surcharge) over and above the taxes we already pay. We are being made to pay when the city itself failed to collect the monies due from contractors for this work. This is hardly an "after the fact" protest. The selling real estate agent failed to disclose the size of this assessment before we purchased. I would surely have hired an attorney if I had known of this levy. What I find heavy-handed, is that the city is willing to charge us, while current and future rules are that the contractor is to pay for such work. But if a contractor does not pay, why are we obligated for the majority of the payments? The city has money for bike paths, and other improvements for all the people, which all the people pay for through taxes. Yet we are asked to pay for the citys error with only a paltry discount from the total cost. I have attended many of the ad hoc meetings, a consistent theme has run through the talks: city money has been budgeted for other things for the community! Just a minute, are we not of the community? As I asked in my letter to the Tidings, "are we one community, or do we Balkanize the town and pay for roads, utilities, etc., block by block?" Specifically? The Planning Department admittedly made a mistake, the work was done to halt the spread of dust pollution and to meet city goals of paving as many streets as possible. Specifically, we are being discriminated against because we have a weak position, not morally or practically,but because we owners did not fight back with a suit to stop this kind of outrage. Sincerely, / Ha eyrr/ Rupp �//- Marianne Strong 191 Orange Ave. SUMMARY OF DOGWOOD WAY LID COSTS PAYEE ITEM AMOUNT ADROIT CONSTRUCTION CONCRETE CURB $10,838.40 CITY STREET DIVISION PAVING $9,175.04 ENGINEERING DIVISION (5%) $1,000.67 INTEREST (100%) $2,277.17 FINAL ASSESSMENT TOTAL $23,291.28 The Dogwood Way Project Contained no storm drains, sanitary sewers or sidewalk. No credits are pending on the project. ASSESSMENT PER RESOLUTION # 96-23 $22,740.00 $1,749.23 (PER LOT) FINAL ASSESSMENT UNITS 13 UNITS FINAL ASSESSMENT RATE $1,791.64 PER LOT G:DawnlEngheerV.IDXDogwood Way Summary SUMMARY OF ORANGE AVE. LID COSTS PAYEE ITEM AMOUNT LTM INC. CONSTRUCTION $56,030.50 KAS&ASSOC. ENGINEERING $4,053.41 INTEREST(100%) $4,283.24 ADMINISTRATION(5%) $2,800.00 TOTAL $67,167.15 COST BREAKDOWN STREET CONSTRUCTION $30,199.64 SIDEWALKS $11,617.86 STORM DRAINS $14,213.00 SANITARY SEWER $0.00 ENGINEERING $4,053.41 INTEREST&ADMINISTRATION $7,083.24 CONSTRUCTION SUBTOTAL $67,167.15 CREDITS SIDEWALK(25%OF S/W COSTS) $2,904.46 ASSESSMENT SUBTOTAL $64,262.69 LESS 10%CREDIT PER COUNCIL $6,426.27 FINAL ASSESSMENT TOTAL $57,836.42 ASSESSMENT PER RESOLUTION#97-05 $85,024.19 ($76/FOOT)* Residential assessment based upon front footage. FINAL ASSESSMENT FOOTAGE 1148.355 FEET FINAL ASSESSMENT RATE $50.36 PER FOOT G:DavmmEnglneer%LlDXowge Ave.Summary SUMMARY OF ANN/CLINTON STREET LID COSTS PAYEE ITEM AMOUNT LTM INC. CONSTRUCTION(100%) $139,142.34 KAS&ASSOC. ENGINEERING(100%) $14,508.91 INTEREST(45%) $5,586.93 ADMINISTRATION(0%) $0.00 TOTAL $159,238.18 COST BREAKDOWN STREET CONSTRUCTION $99,808.64 SIDEWALKS $25,763.70 STORM DRAINS $13,570.00 SANITARY SEWER $0.00 ENGINEERING $14,508.91 INTEREST&ADMINISTRATION $5,586.93 CONSTRUCTION SUBTOTAL $159,238.18 CREDITS SIDEWALK(25%OF S/W COSTS) $6,440.92 ASSESSMENT SUBTOTAL $152,797.26 LESS 10%CREDIT PER COUNCIL $15,279.73 FINAL ASSESSMENT TOTAL $137,517.53 ASSESSMENT PER RESOLUTION#97-19 $125,215.00 /$50.00 PER FOOT Residential assessment based upon front footage. FINAL ASSESSMENT FOOTAGE 2604.3 FEET FINAL ASSESSMENT RATE $52.80 PER FOOT 'Final assessment is subject to a$5,000 credit due the owner of lot 4DD-1600 on Ann St. for a right of way dedication. G:Dawn%EngineerLLlDNnn-Clinton St Summary SUMMARY OF N. MOUNTAIN AVE. & PARKING LOT LID COSTS FINAL COSTS CONSTRUCTION - LTM, INC. $284,551.21 ENGINEERING-KAS & ASSOC. $38,641.04 INTEREST & ADMINISTRATION $28,134.86 CONSTRUCTION TOTAL $351,327.11 COST BREAKDOWN STREET CONSTRUCTION $194,351.21 SIDEWALKS $36,564.00 STORM DRAINS $53,636.00 SANITARY SEWER $0.00 ENGINEERING $38,641.04 INTEREST & ADMINISTRATION $28,134.86 FINAL ASSESSMENT TOTAL $351,327.11 ASSESSMENT PER RESOLUTION # 95-21 $303,615.65 ASSESSMENT BASED UPON FRONT FOOTAGE FINAL ASSESSMENT FOOTAGE $1,849.09/FOOT FINAL ASSESSMENT RATE 190 FEET G:Dawn\Engineer\LIDW.Mountain Ave. LID Summary Costs.wpd RESOLUTION NO. 99- A RESOLUTION LEVYING SPECIAL BENEFIT ASSESSMENTS IN THE AMOUNT OF $23,291.28 FOR CURBS, GUTTERS, AND PAVING INTROVEMENTS IN THE DOGWOOD WAY LOCAL IMPROVEMENT DISTRICT NO. 75. RECITALS: A. The City of Ashland has constructed curbs, gutters, and paving in the Dogwood Way Local Improvement District No. 75 during 1997-98. B. The total assessment for these improvements is in the amount of$23,291.28. C. The total assessments in this district are reasonable assessments and the assessments charged against each lot is according to the special and peculiar benefits accruing to it from the improvements. The council finds that the evidence presented by Paula C. Brown, Public Works Director, in the Council Communication of January 19, 1999, is convincing and accepts such evidence as the basis to support the conclusions recited above. D. Special benefit assessments should now be levied against property benefitted to defray the expense thereof. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The amount of the assessment to be charged against each lot within the local improvement district according to the special and peculiar benefits accruing to each lot for these improvements are set forth in the attached Exhibit A. SECTION 3. Any owner of property assessed for$100.00 or more may request the payment be extended in the manner and under the provisions of the Bancroft Bonding Act, if the request is made within thirty days after notice of the assessment is received. SECTION 4. All assessments using the Bancroft Bonding Act are required to pay in 20 semi- annual installments together with interest. Interest charged will be the actual bond sale rate plus 1.5 percent, with a maximum of 10 percent. The initial interest to be charged is 6.75 percent. PAGE 1-LEVYING ORDINANCE F1USERWAULAUD Dogwood levy assess ros.wpd SECTION 5. Classification of the assessment. The assessments specified in sections I of this resolution are classified as not subject to the limits of Section 1 I of Article XI of the Oregon Constitution. This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 and duly PASSED and ADOPTED this day of 1999. Barbara M. Christensen, City Recorder SIGNED and APPROVED this_day of , 1999. Catherine M. Shaw, Mayor Revie ed as1to,fa N Paul Nolte, City Attorney PAGE 2-LEVYING ORDINANCE F:USERWAULAUD Dogwood levy assess resmiad IO o ' a a a a a a a r C o _ r rL G N o e 00 a Ir0 > �Ik 0 ro E x ° a r O o x zmn zCr ra- � > z ° W zC) C) En ztycoi ° • r ° gym 8 :� ° off ° o � ° oa ° � a °zoo, ° z °� orrl zo ° oz °� � � z d ° am a ° az tj z r a o ego o yz O O o 0 cn Ir ON L Z7, ' A A A A A O A p Q+ a p� cn ss s� cn bs c» ve y 0 0 0 0 0 0 0 y N N U T J 00 `D O O O O O O O O ro o° ° ° ° ° ° g c c c Ln c c a c c w z v o 0 0 0 0 0 Z v m F W d Oz Z Z Z z z z § { - ) > \ ® « ® zzA ® ® ) / « 4 4 « 3 \ « « 2 , = / � _ q � m § � _ = , m ron cn o , * G § rcr } > or > or ; o = o ; > > § r > o & f ° ° ® « o@ ® ° 2 @2 § § f § \ ; c < z o + z oq eo = ooc oow ; ® \ o § § ooe { * 0 * § g * § � y § * * 0 > ) /\ d /{ � / \ } ( \ � [ \ > § R � [ # [ ) Ln \ C) § \ r ® CA > § iA 22 \ 2 & ; 7 r r e \ \ \ \ \ \ « \ \ \ \ ` / I § / / / / / § S § § § § ) \ to \ \ \ \ § 3 § § § / , \ \ ) j \ ) RESOLUTION NO. 99- A RESOLUTION LEVYING SPECIAL BENEFIT ASSESSMENTS IN THE AMOUNT OF $57,836.42 FOR CURBS, GUTTERS, STORM DRAIN, SIDEWALK, AND PAVING IMPROVEMENTS IN THE ORANGE AVENUE LOCAL IMPROVEMENT DISTRICT NO. 76. RECITALS: A. The City of Ashland has constructed curbs, gutters, storm drain, sidewalk, and paving in the Orange Avenue Local Improvement District No. 76 during 1997-98. B. The total cost for these improvements is in the amount of$67,167.15. A credit of 25% of the sidewalk costs as well as the 10% Council "existing LID credit" were applied which reduced the total final assessment to the lots within the LID to $57,836.42. C. The total assessments in this district are reasonable assessments and the assessments charged against each lot is according to the special and peculiar benefits accruing to it from the improvements. The council finds that the evidence presented by Paula C. Brown, Public Works Director, in the Council Communication of January 19, 1999, is convincing and accepts such evidence as the basis to support the conclusions recited above. D. Special benefit assessments should now be levied against property benefitted to defray the expense thereof. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The amount of the assessment to be charged against each lot within the local improvement district according to the special and peculiar benefits accruing to each lot for these improvements are set forth in the attached Exhibit A. SECTION 3. Any owner of property assessed for $100.00 or more may request the payment be extended in the manner and under the provisions of the Bancroft Bonding Act, if the request is made within thirty days after notice of the assessment is received. SECTION 4. All assessments using the Bancroft Bonding Act are required to pay in 20 semi- annual installments together with interest. Interest charged will be the actual bond sale rate plus 1.5 percent, with a maximum of 10 percent. The initial interest to be charged is 6.75 percent. PAGE 1-LEVYING ORDINANCE RUSERIPAULAUD orange levy assess r".wpd SECTION 5. Classification of the assessment. The assessments specified in sections 1 of this resolution are classified as not subject to the limits of Section 11 b of Article XI of the Oregon Constitution. This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 and duly PASSED and ADOPTED this day of 1999. Barbara M. Christensen, City Recorder SIGNED and APPROVED this_ day of 1999. Catherine M. Shaw, Mayor R � Paul Nolte, City Attorney PAGE 2-LEVYING ORDINANCE FAUSERPAULAUD Omnae levy assess m.` pd O pp V Q In A W N lO CD O ' 0 CD m m cn m m m cn �n m v o a a0 do' o 70F0 0v � a 04 j3z� ous 7o� D 7or) a D O ° Y L) D m D > mG z v z z y z z 0 y z m z z mo tj ronC zxm nz m �C roes z y r R= —] n v, 9 D Dr 9c„ D � nx 9y 9H 9n H O r ^' 9 S r G CD P'+ o E o a o z m z 8 x N x N a y m o �+ 11CC7 U U U U vii Vii vii U tin A 1�" O O O O O O O O O Z n yy y M O F O O o00 O� aWO N O J eb m tv K (IQ cf) C cn Fr z H -0 -0 cnr cnr vv W r, cnr vnr 00 00 ra CO CO ra CO CO CO O O T a . w H W H H (7 orz na na ° z m > � � zr zr tdn CO O �-] O .�'-] � � Ox Ox O Hy Hj n zoo zw - zr zr z z � z � A 9 O O o ti ° z d z v z 0 0 0 0 � a o O 7, a 90 > 0 > � D •A.3 `�°, --] cna cna cna Ncn � N O D D H Cy 0 =' d h7 e w z °z oz � � m n U A W N O O n ii w W W W W W W - - D � O A A A A A A ro a d C' pp J U to A r O O C> O O O O O tie c, T m W m o Om 03 r- mr 3 5 °' � .m.3 Cm a DzR. � � m � mr m � D a x� 0 0 yr" m m z t. r, R° O yN o 7J z m rmn rD, m r, > to > m D d m z 1.19 Is Gol� s� in 0 to 0 C) in to 0 rn rn rn rn o Om � � ro - O m ld�W O O O O O > r') tw I�00 V� y a ^� H O O O N N O� ,mZ• H y 110 00 C70 roro roro roro O 0 � ° � ° � az t" Carla m�1 � mlr � r" Or Or O z z z ��yy 'Po '? 0 a0 00 00 00 A ro T O ( NLn O ..] O '� a ro w ao rt N RESOLUTION NO. 99- A RESOLUTION LEVYING SPECIAL BENEFIT ASSESSMENTS IN THE AMOUNT OF $137,517.53 FOR CURBS, GUTTERS, STORM DRAIN, SIDEWALK, AND PAVING ROPROVEMENTS IN THE ANN AND CLINTON STREETS LOCAL IMPROVEMENT DISTRICT NO. 71. RECITALS: A. The City of Ashland has constructed curbs, gutters, storm drain, sidewalk, and paving in the Ann and Clinton Streets Local Improvement District No. 71 during 1997-98. B. The total cost for these improvements is in the amount of$159,238.18. A City credit of 25% of the sidewalk costs as well as the 10% Council"existing LID credit"were applied. The final assessment to the lots within the LID is $137,517.53. C. The total assessments in this district are reasonable assessments and the assessments charged against each lot is according to the special and peculiar benefits accruing to it from the improvements. The council finds that the evidence presented by Paula C. Brown, Public Works Director, in the Council Communication of January 19, 1999, is convincing and accepts such evidence as the basis to support the conclusions recited above. D. Special benefit assessments should now be levied against property benefitted to defray the expense thereof. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The amount of the assessment to be charged against each lot within the local improvement district according to the special and peculiar benefits accruing to each lot for these improvements are set forth in the attached Exhibit A. SECTION 3. Any owner of property assessed for$100.00 or more may request the payment be extended in the manner and under the provisions of the Bancroft Bonding Act, if the request is made within thirty days after notice of the assessment is received. SECTION 4. All assessments using the Bancroft Bonding Act are required to pay in 20 semi- annual installments together with interest. Interest charged will be the actual bond sale rate plus 1.5 percent, with a maximum of 10 percent. The initial interest to be charged is 6.75 percent. SECTION 5. Classification of the assessment. The assessments specified in sections 1 of this resolution are classified as not subject to the limits of Section l lb of Article XI of the Oregon Constitution. This resolution was read by title only in accordance with Ashland Municipal Code PAGE 1-LEVYING ORDINANCE MSERWAULAUD Ann Clinton levy essen r".wpd §2.04.090 and duly PASSED and ADOPTED this day of 11999. Barbara M. Christensen, City Recorder SIGNED and APPROVED this_day of , 1999. Catherine M. Shaw, Mayor Re ed as totfo�rm� (Jv Paul Nolte, City Attorney PAGE 2-LEVYING ORDINANCE RUSERPAULAUDAnn_Clinton levy assess ros.wpd .p oo J O U A W N z to �, n y i'n m m m m m m m m A a CD p, 0 o r � O 'o s p n x co d � m o ° oo a o r am z 0v r � mypzm z x rx � 0 � Nw Namx � � m � zn na eke Y � —M > zC] ra" n yp d 3 Gm m9 C� � � m � 0 shy a mo a0 �nA �nm oAO an c�nR- p m z z OK -mC � O C z � x '� •�/] Oi L ON O C A m �• "'� QQ ►yy N d A w t�i w a w w A b a N O O� IJ w y. D U U 00 J 00 W W U O O m r z y r y r nr y r c° > C �O O � > YO r� > m W W � m � ow v_ A vw gN or z o 0 L O .� O :� O y C O O .:.� ° O d a ;° O W O O O w v x x > � o � zcn En V, n � � °z m -ii -i a = °z °z a o w CA rn N O Oo J O� U A w N O 1. n O W W W W W W W W W W W W t'n m m m m m m m m m m m m a C) p p O d p p O C) n R° .o 00 00 a 0 0 0 0 o X 00 O C) A O O O C) N J rn U A r0 n 0 ti ,� y ro w CD ro w U W r w_ W H N x til o roop ° '""� e Ua O07y AO N ,ro a 0 a m `h x a m x a n p n s n z 3 z x a n m 0 A m 0 r a H a r a r r m axe rn zz O r n > 0 zR° am � � z � � � O nx � mC' Zm � N r2 -< H y HC r<�no � ° arm °< � � � o y -a oz off' 0 a adz � b;u Ana a Lna Hm zx z � zR° zW � z H7� mrz ...� :h Ma z pm Ln `i' �' cn� m °FORo ,�.� --] N � m 3 �.� tnw � a' rn9 Iwo � 0 m m 0 ..3 m 8 �-] M Or H (7 H O G1 tzzf Z y y z O �nm rn p x 0 r � z z C1 m 0 ~z a w 0 m H n m a p M << I z a C � O � z vi to fn vs to v� to vs to to ds ss � n to to in v. �n u� in vi to in to to "� O � N N N N N N N N N N N N Xi i 00 00 00 00 OO 00 00 00 00 00 OO 00 D 9 m H C) n y FA 69 69 69 69 di fA 69 65 di 69 69 \ I y � N y a A A in �• oo Oo 00 � A U a A w b m W PO cn 0 LO O N O Oo N J �D O N O N 9 mr z H roro roro roro roro roro roro roro roro nr nr rnr" cnr ra ra r' a ra r' a ra ra ra CO CO CO CO a av az > x > 5o > 7o a7a > w to -3 W H WH W H Hn Hn H0 --3 C) .fin -3 C) ^] (] ^7n pJ tz; pvi pA zr < cm- C) < t-- < rm-, < rn < cn < <n < a) Orz Orz Orz Qz Oz Oz 0z Oz c p CO CO CO ti0 CO ? O � O CQ OZ 0 c 0 E 0 E n In N 3 •-• U N 3 N N --' w C) N a Na IJa ba Ora ba � a Na m m m m ro ro u .ti n �y a a a H a H i a H A � a a H r�r1 -3 ci7 '� !�*1 H^1 tC) -: '^-J ro d w N � § ] / � w , } C) / ) \ j 2 2 \ m ! I ) ( ) j \ ) [ § $ { t7l} F G § z � ` @ k , § 2 � ( z � k _ « f n , e � y $ § CA � i ° 2 ` tA 7 § e > kd \ \ \ \ c gcn \ � \ \ § ( \ ) \ N � ) g \ \ \ § ( 6@ � > ^ > ) / / / ] / / 2 } 2 } RESOLUTION NO. 99- A RESOLUTION LEVYING SPECIAL BENEFIT ASSESSMENTS IN THE AMOUNT OF $351,327.11 FOR CURBS, GUTTERS, STORM DRAIN, SIDEWALK, AND PAVING IMPROVEMENTS IN THE NORTH MOUNTAIN AVENUE LOCAL IMPROVEMENT DISTRICT NO.72. RECITALS: A. The City of Ashland has constructed curbs, gutters, storm drain, sidewalk, and paving in the North Mountain Avenue Local Improvement District No.72 during 1997-98. B. The total assessment for these improvements is in the amount of$351,327.11. C. The total assessments in this district are reasonable assessments and the assessments charged against each lot is according to the special and peculiar benefits accruing to it from the improvements. The council finds that the evidence presented by Paula C. Brown, Public Works Director, in the Council Communication of January 19, 1999, is convincing and accepts such evidence as the basis to support the conclusions recited above. D. Special benefit assessments should now be levied against property benefitted to defray the expense thereof. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The amount of the assessment to be charged against each lot within the local improvement district according to the special and peculiar benefits accruing to each lot for these improvements are set forth in the attached Exhibit A. SECTION 3. Any owner of property assessed for $100.00 or more may request the payment be extended in the manner and under the provisions of the Bancroft Bonding Act, if the request is made within thirty days after notice of the assessment is received. SECTION 4. All assessments using the Bancroft Bonding Act are required to pay in 20 semi- annual installments together with interest. Interest charged will be the actual bond sale rate plus 1.5 percent, with a maximum of 10 percent. The initial interest to be charged is 6.75 percent. PAGE 1-LEVYING ORDINANCE FAUSERWAULAILIDN Mountain levy asse res.wpd SECTION 5. Classification of the assessment. The assessments specified in sections l of this resolution are classified as not subject to the limits of Section l I of Article XI of the Oregon Constitution. This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 and duly PASSED and ADOPTED this day of 11999. Barbara M. Christensen, City Recorder SIGNED and APPROVED this_day of , 1999. Catherine M. Shaw, Mayor Rev* .Wwed �a(s 'to�form: . Paul Nolte, City Attorney PAGE 2-LEVYING ORDINANCE F:l USER\Pnuu\LiDN Mountain levy as�sossrosmiad - ) m \ \ \ r ~ / . \ .. ) ) ) ) ) 2 \ \ / ) \ [ ) \ \ { j / y ( ( \ § ` * \ ■ } _ \ / 2 § § $ r m I \ \ z \ & � $ 4 m rA \ w n \ [ \ ( � \ & § G » 2§ ® \ y \ \ \ ( } & 2 / 2 y9 5i E ) y5 y9 _j o ® C) n ® n ® o ® a cE ce = e ce = R r K ; I ; « \ § \ [z 0\ \ � 0 ( \ \ \ � 0 � ` ( ` ( / 2 ) ) ? ) ® Council Communication Supplemental Public Works Department February 2, 1999 Submitted by: Paula Brown Approved by: Mike Freeman Title: A Resolution Levying Assessments to be Charged Against Lots Within FOUR Separate Local Improvement Districts; Orange Avenue Local Improvement District No. 76; Ann and Clinton Streets Local Improvement District No. 71; Dogwood Way Local Improvement District No. 75; and North Mountain Avenue Local Improvement District No.72 Synopsis of Concerns Received: Staff has received and answered several questions regarding these assessments. Orange Avenue LID Don and Janet Dolan (160 Orange Avenue) regarding drainage problems with the new sidewalk. Staff will evaluate the property and recommend necessary revisions. Staff will be able to correct and cover the expenses of the problem, but will not recommend adjusting their assessment. Harvey Rupp and Marianne Strong (191 Orange Avenue) objects in general to the formation of the LID. These issues would have been discussed at the formation of the LID and staff has no recommendation on their issues. James and Helen Dean (395 Heiman Street) express concern with comer lots and the LID process. Although they are not disputing or asking for a change in their assessment, their concern is with the potential improvements to both of their street frontages and the need to pay for a second LID if one is developed. Staff understands that if a second LID is formed for the other half of a corner lot, that the homeowner would pay only half of the second assessed portion of the side lot (in this case, Orange Street would be their primary lot and the assessment of a Heiman LID would be reduced by half if formed). At this time, it is the Council's desire to create sidewalks on Heiman Street. Staff is concerned that certain sections of the street may only lend itself to the ability of having sidewalks on one side, but this discussion has not been formally brought to the Council for a decision Ellie and Steve Read (398 N. Laurel Street) live on a corner lot that was assessed in the Laurel Street LID. They feel that being charged for the costs of two LIDS is unjustified. They would like the Council to consider an exemption from the Orange Avenue Assessment. Staff has researched the Laurel Street and found no LID formed between 1998 and 1970. The LID referred to must be well over 25 years old and should have no relevance in this matter. Staff feels The Laurel Street assessment would have been settled well before this time and this request is unfounded. Ann /Clinton LID Elaine McBennett (505 Ann Street) has expressed concern with her need to build a retaining wall at the edge of the sidewalk as a result of the street improvements. The street improvements on Ann Street made some of the grade changes very challenging to match, but the section which includes 505 Ann Street was not one that was greatly affected. Staff worked with these neighbors very closely to compensate their concerns. The grade above the sidewalk at 505 did not significantly change due to the improvements. Re-establishment of landscaping outside of the street right of way is usually beyond the scope of the LID. Staff does not recommend agreement to pay for the retaining wall or other landscaping at this address. Staff is not aware of Ms. McBennett's prior attempts at communication with this department. Bill and Gloria Ritchie (675 Carol Street) have expressed concerns regarding the method in which the assessment was based. The Ritchey's are contesting a 20.12 foot section which in their opinion is outside the boundary of the project. Staff has explained that the assessment for this LID is on the number of total front footage of the property and does not take into account the actual improvement area in these calculations. This footage is the same as initially used in the formation of the LID. Staff recommends no change to the Ritchey's assessed value. Should their allocation change, the entire LID will need to be recalculated for a smaller total assessment footage. Dogwood Way Ruth Newman &Ronald Iverson (550 Dogwood Way) concerned not with the assessment, but rather the drainage in the street. Matching the grades at Dogwood Way with the existing grade at Wiley Street was difficult because of the slopes and grade changes. There is water draining across the center of Dogwood Way and into the nearest catch basin. Staff will assess any possible improvement to this situation, but is not optimistic for a better solution without a complete change to the transition at Wiley Street. North Mountain Avenue No written objections were received regarding this district. FAUSERTAULA\Council Comm Lm wwssmcnt complaints.wpd C� rnVj./ DON & JANET DOLAN 60 ORANGE AVE. CITY RECORDER BCD JAN 199 SHLAND, OR 97520 ASHLAND CITY HALL 20 E. MAIN ST. ASHLAND, OR 97520 Dear Barbara, I am filing this letter as a complaint against the full levy that may be assessed our property. The recent rains have clearly defined a problem that the sidewalk and curb have created for us that did not exist before. The walk and curb have effectively created a dam that in turn creates a swamp/"pond" during rains that will require some extensive work on our part to correct. The city workers came by and suggested putting in perforated pipe across the entire front of the property and then connecting it to my drain pipe with a "tee" thus allowing the water access to the street. It would also require filling in the area between the walk and my fence to bring it to a level that would not allow a "pond" to form. The whole thing seems like a lot of work and of course was not known when we bought the property in Sept. 1997. The photos are not terribly helpful in showing the problem, but believe me when I say that the walk created a dike that makes walking to the house an "adventure. " I have no idea how much this work will cost but I would like to ask for at least a $500 reduction in the levy to help pay for the necessary correction in drainage. Thank you for your concern and the board' s consideration. Sincerely yours, DON DOLAN & JANET DOLAN S I +^ 14 hill 6. 11� , I pt I lil I - � > It - I ' /� ✓PV) jtsitG ^.r'. &d 37520 (� City Recorder tt�L/ Ashland, OR 97520 qN 2s 1999 Re: Objections to proposed assessments within the Orange Avenue Assessment District I have several specific objections to the subject assessments. From the beginning of this assessment process there has been an unconscionable disregard-for the onerous cost, to owners, for improvements made to the Orange Avenue District. Instead of spreading the cost of these improvements, which benefit all citizens,a few of us are being unfairly forced to pay a tax on our property(in my case almost a 3% surcharge)over and above the taxes we already pay. We are being made to pay when the city itself failed to collect the monies due from contractors for this work. This is hardly an "after the fact" protest. The selling real estate agent failed to disclose the size of this assessment before we purchased. I would surely have hired an attorney if I had known of this levy. What I find heavy-handed, is that the city is willing to charge us, while current and future rules are that the contractor is to pay for such work. But if a contractor does not pay, why are we obligated for the majority of the payments? The city has money for bike paths, and other improvements for all the people, which all the people pay for through taxes. Yet we are asked to pay for the citys error with only a paltry discount from the total cost. I have attended many of the ad hoc meetings, a consistent theme has run through the talks: city money has been budgeted for other things for the community! Just a minute, are we not of the community? As I asked in my letter to the Tidings, "are we one community, or do we Balkanize the town and pay for roads, utilities, etc., block by block?" Specifically? The Planning Department admittedly made a mistake, the work was done to halt the spread of dust pollution and to meet city goals of paving as many streets as possible. Specifically, we are being discriminated against because we have a weak position,not morally or practically, but because we owners did not fight back with a suit to stop this kind of outrage. Sincerely, 1�a ey Rupp Marianne Strong 191 Orange Ave. January 28, 1998 REC'p JAN 2 81999 Ashland City Council Members C/O City Recorder Ashland City Hall 20 E. Main Street Ashland, OR 97520 We, James and Helen Dean, have been part of the Orange Avenue Assessment District. Recently we received information from the City about the amount we will be assessed for road and sidewalk improvements. We appreciate the City Council's willingness to reduce the projected costs to us and our neighbors, though it would have been nice to pay no more than the$4,000 cap which future LID participants will have to pay for improvements. Our concern is what happens in the future. We five on a comer lot, with frontage on both Heiman and Orange Streets. At one time during Council hearings there was a suggestion that citizens with property on two city streets should=have to pay for future improvements if a second LID is established, for the second street. Has this suggestion ever been formally agreed to? If it has not, we would like to suggest that it be formally approved. While Heiman St. is paved, there are only sporadic pieces of sidewalk along its length. Is the City's plan to have sidewalks on both sides of Heiman, or only on one side? If one side, which? Our experience with the last LID suggests that it is best for citizens to know from the beginning what is likely to happen, so we would appreciate clarification of plans and thoughtful consideration of our concerns during the February.2, 1999, Council Meeting. Yours truly, w,Dlaa , � I L�2a �ti Tim and Helen Dean 395 Heiman St. Ashland, OR 975 1/27/99 City Recorder WPM 5, 9 Ashland City Hall 20 E. Main Street Ashland, OR 97520 Re: Orange Street LID/Corner Lots Dear Council Members, With regards to the latest information we have received from your offices, we are wondering whatever happened to the consideration of corner lots being assessed as one unit. We are on the corner of Laurel and Orange Streets and since we personally have already paid for one LID on Laurel Street when we purchased our home, is it fair that we should have to pay for Orange Street as well? Sincerely, Ellie & Steve Read 398 N. Laurel Street 488-2034 RECD JAN 281999 - .----------- of n•� Crt �c�or�e� ---- � __ __�aM�, � 9 .---- I i 'psf exit � wcc�__ e silt has .beep _flare_) / hum k)ce fc4ecr IM cZC� 606-- 7V9e �¢rl/acf�q_ --- - _ _cz!epe/. ?L f�Y) CcJVJ`/���cv, O.�er. �ie.____�Ieyree CZf 4JLjic� J _ l wave rJOUJ hired vesSe fa hu;ld �/4//, �F/-ox%�o<f� rave% hor-kfl/. oc ?d s-Ifa_-.prefarea�fi January 27, 1999 RECD JAN 2 9 1999 To: Ashland City Council From: Bill J. A Gloria P. Richey 675 Carol Street Ashland, OR 97520 Re: Ann/Clinton Street Assessment We believe the measurement for assessment of Clinton St. for Tax Lot 1400 is inaccurate. Attempts for a satis- factory explanation and on-site measurement with city representative and owner present prior to writing this objection were unsuccessful. Correct footage to be assessed as shown on accompanying map is 102.88 ' plus 63. 34' (yellow marked) for a total of 166.221 .* 20.12, (red line) is outside the street project, bordering neighboring common area. We do not feel responsible for assessment of the 20.12' as it is not street frontage and no work or improvement was done there. 12/12/98 City Assessment 186. 34' @ $52.80 = $9 ,838. 75 1/27/99 Owner Correction 166.22' @ $52.80 = 8, 776. 41 Difference $1,062. 34 This is an important difference to us and we trust you will seriously consider this information and respond equitably to our request for correction. # Measurements from on-site property pins as per survey by Everett Swain, 1991. m � ^ �92 | / §\ & @e > 2 8'9'288 x g .®vAA / | B ! • |; § . . , § ` L : ! ! , E � � • � � g . ® . ! c � ! Sc & \ � § [ f CID co . 12 . } 7 ° / RUTH S. NEWMAN 550 Dogwood Way Ashland, OR 97520 541-482-8373 January 26, 1999 City Recorder RECD JAN 2 8 1999 Ashland City Hall 20 East Main Street Ashland, OR 97520 Regarding: Notice of Public Hearing - Dogwood Way LID I have no objection to the assessment rate of$1,791.64 per lot for the street improvement of Dogwood Way. However, I do object to the engineering of the project. The water runs down the middle of the street, as it was designed to do, to the point where it reaches our driveway. It then fans out to cover the entire street for approximately fifteen feet which encompasses the entire driveway entrance. With the winter weather this section has turned to ice making it nearly impossible to leave the driveway, and causing a hazard for drivers coming from uphill. At times it has remained frozen for several days. At the time the street was being worked on I could see that this might be a problem and spoke to the supervisor of the job (Adroit). He assured me that all water would run down the center of the street. I also called the office of the city engineer who assured me that the job was being regularly inspected by the city. So who am I to argue with professionals! But as it turns out, I was right. It is my fear that in freezing temperatures some vehicle or pedestrian will suffer an accident. Also, as I expressed to the above mentioned supervisor, that an extreme downpour would send water down our driveway. (Obviously we live on the downhill side of the street.) I realize that the original street layout was inferior but at least the water only ran down the center. It would seem that an "improvement" should not have created a new hazard. Perhaps someone from Public Works could come check it out. Ruth S. Newman and r Ronald A. Iverson, Owners�r 550 Dogwood Way, Ashland cc: City Engineer Director of Public Works m fNT A W N N O tp QD V W N A W N O O � V O Vt A W N c O m -0 O -p c c TOW -00 r m N (>y>A• �D m 3-- w r m J 0 N -0 O O J J Cv '-m a 0 'y r o O •v o< c m d m v{J m ?v(m m x A 0- 0 3 J W C m N m V 3 O C A m O N C O O O. O' y m a `� m '� y O m o — w m a Q O o y c m n fin< m n T O o o C 7 c O m c m Ul N y fA o o d V r m 3 m m 0 0 m mo a J n o d C O O m j O O O m m 3 o m m U o n mm m m m (A M M D O m n u 0 m . 0 o z a d O a M x o J o . � -!y (D o � y n 3 O c° O CO m m 3 x 3 o m io m M. m O O 3 O L O m m o A J m m o D J J o d 0 m t c 3 3 c in a m 3 o 3 c o n m o m 0 m y o c o c o d o D m J a 3 CD z cn @ m g m m 3 o x O m o U 77 m m r c m 3 2 o c o n d y n � V v m y a w o n c m co cr m < Cl) n J w (o _ F °-= m o m o. d al 0 m J O 'S O In (n N y Cl) = N O (n cn o ,co 3 W co W N ^ cA w N 01 tD n A m m (7 m w !n Ul N r'P (n= (n (A cn I W 1 O C O m W D O CI n S m O A V n m m A m z N co o Cl) A N W 0 0 V7 A ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ v ♦ ♦ ♦ ♦ ♦ f7 ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ a C -o 0 x0 c� c� A2TCn -1p ° r- mcn2w3 D °7' Ac � gpooco3, -i " m ' w m o o O aa) °c n 3 Z 7 < co " aci °w ooi 7 � c 3 cn " 3 m 0— y C. 7 m N . > ;j , , a m �i(� mw � w � 3ccmo n7 � vv o' < = BCD -1 =a CD co ac - ac° 37 ° v m0 d < Qn = m w m v w 3 N CD 0 CD 3 � m a) N �� Dd � < T � o -n M'< o o CD N r (wA .r w N n N N O O 5' m o n N 'x0 n 3 3 j. p c o m - fD n va m s^ w o 3 3 ° v 7 =3 m 3 v < 3 �. to m y. 0 y m• U) c - 03 0 op� m C 7 fD (D co m m o _ o 0 C n N O 7 (D M .. _ :i f� 7 7 7 CD d O U 7 ; N N ti w < L 7 Q 0 O` .< 3 3 � o y o � 7 m m 00 co N C �0 7 n a) O 7 a) 7 - c 'c c m 0� "moo ^� n � v 2 � uc0i C; p� c c Z w o a o (D = v w " a) -0 c m 3 S' Aw c ° � -n Nc CL CD = m (D a (D tC 0 �p N „ cr O C�J1 d 7 (D O -nom' m C CD c v <_ w� � ` N `G n � O D N 7 '00 T O D (D N y 3 — `7, n V _ -. O v co 11 0 �p O n C C �. to to c • m c 3 m ° to co o o w 3 `° 7 `° o Q N v 4° co w CL 7 m o O d m CD v (/? co m 3 C CD N N m_ n w 0 3 v m m w m CD ° m CD co CD N N A 3 m E r „ p C y C ry a n o O N a N O 7 a1 C w Council Communication Department of Community Development Planning Division February 2, 1999 Submitted by: Maria Harris jXA Approved by: Paul Nolte I/-� Approved by: Mike Freeman Title: Second reading by title only of "An Ordinance Amending Chapter 18.88, Chapter 18.72, Chapter 18.76, Chapter 18.80, Chapter 18.82, and Chapter 18.92 of the Ashland Municipal Code - Land Use Ordinance, Adopting New Street Standards." Synopsis: The Council held a public hearing on the adoption of the new street standards at the January 19, 1999 meeting and approved the ordinance amendments and Street Standards Handbook, with one amendment to the handbook. Language has been added to the handbook to clarify the situations in which a pedestrian path can be used instead of a sidewalk. Recommendation: Staff recommends approval of the ordinance. Background: The following described changes are shown in the attached pages 40-44 of the Street Standards Handbook. Deletions are lined thfottgh and additions are sliaded. The Council requested language be added to the Street Standards Handbook to standard 4, Pedestrian Paths in Section VII: Local Improvement Districts and Street Right-of-Way Improvements (page 44) to clarify the situations in which a pedestrian path can be used instead of a sidewalk. The language on pedestrian paths has been moved to standard 2, Exceptions to Street Design Standards to make it clear that a pedestrian path along with meandering sidewalks and curbside sidewalks can only be used in situations where physical conditions prevent construction of the required standard street. These changes have also been added to Section V.• Hillside Streets and Natural Areas on pages 40-41 to maintain consistency in the handbook. Revisions to the Street Standards Handbook drivers can see each other. See 18.72.120 of the Ashland Land Use Ordinance for the vision clearance standards. SECTION V: HILLSIDE STREETS AND NATURAL AREAS Occasionally, streets are constructed in locations with significant natural features which require special accommodations such as in hilly areas, near creeks, rock outcroppings, drainages, or wetlands. In these cases, specific considerations should be made to minimize negative impacts. For example, wide streets along steep slopes require much larger hillside cuts than narrow streets. Streets constructed in hillside areas or natural resource areas should minimize negative impacts and use minimal cut and fill slopes. Generally,the range of street types make it possible to construct or improve streets in accordance with the design standards. In certain situations,however, exceptions should be made. Exceptions could result in construction of meandering sidewalks, sidewalks on only one side of the street, or curbside sidewalk segments instead of setback walks. Hillside Lands and Natural Area Street Standards Approval Standards: Hillside Lands is defined in Chapter 18.62, Physical and Environmental Constraints, of the Ashland Land Use Ordinance. Development of streets in Hillside Lands must be done in accordance with the standards in Chapter 18.62. Streets in Hillside Lands may require the following special accommodations. 1. Clear Travel Lane New streets shall provide a 20 feet clear travel lane area in areas designated Hillside Lands. 2. On-Street Parking At Foot Steep Hills Ample on-street or bay parking shall be provided at the foot of steep hills, especially those prone to snow and/or ice build up. 3. P_J.._._:__ P_th_ A pedestrian path rnfty be stibstituted for a sidewftlk ort otte side of the street to fteeommotiate topography. Preserving Natural Features A.—Streets shall be located in a manner which preserves natural features to the greatest extent feasible. 13Jan99 Street Standards Handbook Page 40 City of Ashland I. Whenever possible, street alignments shall follow natural contours and features so that visual and physical access to the natural feature is possible. 2. Streets shall be situated between natural features, such as creeks, mature trees, drainages, open spaces and individual parcels in order to appropriately incorporate such significant neighborhood features. 43. Exceptions to Street Design Standards Generally, the range of local street types makes it possible to construct or improve local streets in accordance with the street design standards. In certain situations where the physical features of the land create constraints, or natural features should be preserved, exceptions may be made. Exceptions could result in construction of meandering sidewalks, sidewalks on only one side of the street, or curbside sidewalk segments instead of setback walks. In limited situations:where topography or natural features preclude the construetron of a sidewalk a pedestrian path:may be,substituted on one side of the street at the dlscretrolo£the planning Comnii"sslon A_pedestnan path is, n azea designated for walku g which 1s constructed to—a lesser standard than the standard concrete sidewalk(1 e y asphalt`crushe"d'gramte)_ Exceptions shall be allowed when physical conditions preclude development of a public street, or components of the street. Such conditions may include, but are not limited to,topography, wetlands, mature trees, creeks, drainages, and rock outcroppings Excepti ons td'the Street Design Standards"shall"be.limited;to situations wherethere 1s�d"emonstrable difficulty in meeting the specific requirements due to auluque or unusual aspect of thesite 56. Dead End Streets Generally, the range of local street types make it possible to construct or improve local streets in accordance with the street design standards. In certain situations where the physical features of the land create severe constraints, or natural features should be preserved, exceptions may be made. Dead-end streets may be permitted in areas where topographic,wetland, creeks or other physical features of the land preclude street connections. Only neighborhood streets may be dead end roads. No dead end street shall exceed 500 feet in length, not including the turnaround. SECTION VI: DRIVEWAY APRON AND CURB CUTS Street Standards Handbook 13Jan99 City of Ashland Page 41 Driveway aprons, often referred to as private accesses, affect the safety, capacity and character of a street. Motorists turning into and out of private driveways or parking lots can be the source of potential conflicts with pedestrians, bicyclists and motor vehicles. In addition, motorists entering and existing the street system slow down traffic and thereby reduce the traffic flow and street capacity. In Ashland, the Railroad District is well used by pedestrians. There are many factors which affect the large amount of foot traffic such as interesting architecture, relatively flat terrain, large parkrows with many trees, and the close proximity to the downtown. However, one of the street design elements which makes the pedestrian environment convenient, safe and inviting is the minimal amount of automobile traffic pulling in and backing out of driveways which cross the sidewalk. Every driveway apron is a challenge for pedestrians. As the number of private accesses increases, the sidewalk loses continuity as the surface dips up and down with the driveway curb cuts. Even able-bodied pedestrians can have trouble negotiating excessive dips and cross-slopes. The combination of an uneven surface and the continuous potential threat of a motor vehicle impeding on the sidewalk negatively affects the pedestrian environment and the character of the street. Public accesses, meaning public streets, can have the same affect on safety and capacity of the street system. However, as long as streets are spaced at reasonable distances, the potential impact is not as great as having numerous driveway curb cuts within one block length. The Driveway Apron and Curb Cut Standards apply to private accesses on neighborhood collector and neighborhood streets. Chapter 8, Access Management, of the Transportation System Plan is the ruling document concerning the spacing of private and public accesses on boulevards and avenues. Driveway Apron and Curb Cut Standards Approval Standards: New, reconstructed streets, curb cuts and driveway aprons shall conform to the following driveway apron and curb cut standards. 1. Spacing Driveway curb cuts shall be spaced at least 24 feet apart as measured between the bottoms of the existing or proposed apron wings of the driveway approaches. 2. Width The width of driveway curb cuts and aprons shall be minimized in the parkrow and sidewalk area. The driveway width may be increased in the private yard area. 3. Shared Driveways 13Jan99 Street Standards Handbook Page 42 City of Ashland The number of driveway intersections with streets shall be minimized by the use of shared driveways with adjoining lots where feasible. 4. Number of Driveway Curb Cuts Per Lot For single-family and multi-family developments, one driveway curb cut is permitted per lot. Larger multi-family developments may require more than one driveway curb cut. For commercial and industrial developments, driveway curb cuts shall be minimized where feasible. 5. Alley Access If a property has alley access, a curb cut for a driveway apron is not permitted. SECTION VII: LOCAL IMPROVEMENT DISTRICTS AND STREET RIGHT-OF-WAY IMPROVEMENTS A local improvement district(LID) is a district formed for the purpose of carrying out local improvements (i.e. paving of streets, construction of storm sewers). Property owners within the LID are assessed for the cost of the improvements. In Ashland, LID's are used to improve streets, and are used in a variety of situations. In some cases, development has preceded the street improvement with property owners signing in favor of participating in the cost at a later date. In these situations, the unpaved road must be designed to fit within the public right-of-way and the surrounding development. In other cases, the street is built prior to any adjacent development and the street design process tends to be more flexible. Generally, the range of street types make it possible to construct or improve streets in accordance with the design standards. In certain situations where adjacent development has occurred prior to the street improvement, constraints may occur due to natural features or the built environment, and exceptions to the street design standards may be made. For example, exceptions could result in construction of a narrower curb-to-curb width, meandering sidewalks, sidewalks on only one side of the street, or curbside sidewalk segments instead of setback walks. Local Improvement District (LID) Standards Approval Standards: Streets built and funded using a local improvement district(LID) may be constrained by natural features and/or the built environment, and as a result, shall be allowed thefellawing exceptions to the street design standards as described below. 1. Curb-to-Curb Width Street Standards Handbook 13Jan99 City of Ashland Page 43 Street improvements constructed through a LID shall be permitted to reduce the required curb-to-curb width to preserve significant natural features, to accommodate existing structures and to ensure compatibility with the surrounding neighborhood. A reduction in the required curb-to-curb width shall require the approval of the Ashland Planning, Engineering, Police and Fire Departments. 2. Exceptions to Street Design Standards Generally, the range of local street types make it possible to construct or improve local streets in accordance with the street design standards. In certain situations where the physical features of the land or existing neighborhood create constraints, or natural features should be preserved, exceptions may be made. Exceptions could result in construction of meandering sidewalks, sidewalks on only one side of the street, or curbside sidewalk segments instead of setback walks. In;limited situations where topography ot:natural features preclude theconstruction of aaidewalk, a pedestnan'path mayTylie substituted on one side of�the street at the discretion of_t_he_ ignate City Couticrl AA pedestnan path is an area desd;for walking which is constructed�to a lesser standard than the-'standard'concrete sidewalk(i a asphalt; crashedgranite) Exceptions Yo the Streef Desigrn StandardsshalCbe limited to situations where there is demonstrable difficulty in meeting the specific f6cfuireffients due to a unique or unusual Faspect of the site: 3. Retrofitting Existing Paved Streets With Sidewalks and Parkrows In some cases, streets have wider curb-to-curb widths than is currently required. When retrofitting existing paved streets with sidewalks and/or parkrows, constructing sidewalks and/or parkrows from the curb line in towards the centerline (on top of existing pavement)may be permitted in certain situations. Building sidewalks and/or parkrows in place of existing pavement is generally limited to situations where a sidewalk and/or parkrow will be continuous along the entire side of the street. 4. Pedestrian Paths A pedestrian path may be sebsti"ed for it sidewalk on one side of the street to fteeommedate topography. rr. Preserving Natural Features A. Streets shall be located in a manner which preserves natural features to the greatest extent feasible. 13Jan99 Street Standards Handbook Page 44 City of Ashland ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 18.88, CHAPTER 18.72, CHAPTER 18.76, CHAPTER 18.80, CHAPTER 18.82, AND CHAPTER 18.92 OF THE ASHLAND MUNICIPAL CODE - LAND USE ORDINANCE, ADOPTING NEW STREET STANDARDS. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 18.88.020 in the Performance Standards Options Chapter of the Ashland Land Use Ordinance is amended to read: 18.88.020 Definitions. The following terms are defined for the purpose of this Chapter and do not otherwise apply to the Land Use Ordinance: A. Block Length. The distance along a street between the centerline . of two intersecting through streets. B. Block Perimeter. The sum of the block lengths of all sides of a block. C. Building Envelope. An area, within the property boundaries of a parcel, within which a permitted structure can be placed. D. City Facility. A public service or facility provided, owned and controlled by the City. (Ord. 2630 S6, 1991) E. Diameter Breast Height. The outside diameter of the trunk of a tree, measured four and one-half feet (4 '/2) above ground level. F. Homeowners Association. A homeowners association is an organization formed for the maintenance and operation of the common areas of the development. The membership in the association must be automatic with the purchase of a dwelling unit or other property in the planned development. The association's principal source of funds shall be an assessment levied against each dwelling unit or other property, which assessment shall be enforceable as a lien against the property. G. Obstructed Street. A public street, or a private drive serving greater than three units, or a driveway that has been obstructed by a gate or other barriers designed to restrict access. H. Open Space. A common area designated on the final plans of the development, permanently set aside for the common use of the members of the homeowners association, which open area may be landscaped and/or left with a natural vegetation cover, and in which area no thoroughfares, parking areas, or improvements other than recreational facilities are located. All developments with a base density of 10 units or greater shall provide a minimum of 5% of the Page 1 total lot area in Open Space that is not subject to bonus point calculations. Bonus points shall only be awarded to that Open Space area in excess of the 5% required for developments of 10 units or greater. Open Space shall be optional for developments of less than 10 units, unless required by the application of the approval criteria. (Ord. 2630 S6, 1991) I. Pedestrian Path. A graded cleared way, adjacent to the curb at curb level, for individuals who travel on foot. J. Unbuildable Area. All areas outside of building envelopes and within open space. K. Street Standards. All standards in the City of Ashland Street Standards Handbook and standards under 18.88.050. SECTION 2. The following subparagraph g is added to Section 18.88.030.A.4 in the Performance Standards Options Chapter of the Ashland Land Use Ordinance: g. The development complies with the Street Standards. SECTION 3. The following subparagraph g is added to Section 18.88.030.8.5 in the Performance Standards Options Chapter of the Ashland Land Use Ordinance: g. The development complies with the Street Standards. SECTION 4. Section 18.88.050 in the Performance Standards Options Chapter of the Ashland Land Use Ordinance is amended to read: 18.88.050 Street Standards. All development under this Chapter shall conform to the Street Standards as defined in 18.88.020.K. The following standards regulate the development of streets and are in addition to the standards contained in the Street Standards Handbook. A. Private Drive. A private drive is a road in private ownership, not dedicated to the public, which serves three or less units. No curbs or sidewalks are required for a private drive. On-street parking is prohibited on private drives. The private drive standard is as follows: 3 Units 15 feet with 20 feet dedicated width 2 Units 15 feet with 20 feet dedicated width 1 Unit 12 feet with 15 feet dedicated width B. Dedicated Public Streets Required. All roads which serve four units or greater, and which are in an R-1, RR and WR zone, must be dedicated to the public and shall be developed to the Street Standards of this section. Page 2 C. Dead End. No dead end road shall exceed 500 feet in length, not including the turnaround. Dead end roads must terminate in an improved turnaround as defined in the Performance Standards guidelines adopted pursuant to Section 18.88.090. D. Obstructed Streets. Creating an obstructed street is prohibited. E. Street Grade. Street grades measured at the street centerline for dedicated streets and flag drives shall be as follows: 1. Street and private drive grades in Performance Standards Developments shall not exceed a maximum grade of 15%. No variance may be granted to this section for public streets. Variances may be granted for private drives for grades in excess of 15% but not greater than 18% for no more than 200'. Such variances shall be required to meet all of the criteria for approval as found in 18.100. Private drives serving structures greater than 24' in height, as defined in 18.08.290, shall provide a Fire Work Area of 20' by 40' within 50' of the structure. The Fire Work Area requirement shall be waived if the structure served by the drive has an approved automatic sprinkler system installed. Private drives and work areas shall be deemed Fire Lanes and subject to all requirements thereof. Private drives greater than 250' in length shall provide a turnaround as defined in the Performance Standards Guidelines as provided in 18.88.090. (Ord. 2663 S5, 1992) F. Exception to Street Standards. An exception to the Street Standards is not subject to the Variance requirements of section 18.100 and may be granted with respect to the Street Standards in 18.88.050 if all of the following circumstances are found to exist: A. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the site. B. The variance will result in equal or superior transportation facilities and connectivity; C. The variance is the minimum necessary to alleviate the difficulty; and D. The variance is consistent with the stated Purpose and Intent of the Performance Standards Options Chapter. Page 3 SECTION 5. The following subsection D is added to Section 18.88.060 in the Performance Standards Options of the Ashland Land Use Ordinance: C. Signing of Streets. The installation of"No Parking" signs regulating parking in the public right-of-way and any other signs related to the regulation of on-street parking shall be consistent with the Street Standards in 18.88.050, and shall be consistent with the respective Planning Approval. SECTION 6. Section 18.72.070.D in the Site Design and Use Standards Chapter of the Ashland Land Use Ordinance is amended to read: D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. All improvements in the street right-of-way shall comply with the Street Standards in Chapter 18.88, Performance Standards Options. (Ord. 2655, 1991) SECTION 7. Section 18.72.120.D in the Site Design and Use Standards Chapter of the Ashland Land Use Ordinance is amended to read: D. Access Requirements for Multi-family Developments. 1. All multi-family developments which will have automobile trip generation in excess of 250 vehicle trips per day shall provide at least two driveway access points to the development. Trip generation shall be determined by the methods established by the Institute of Transportation Engineers. (Ord. 2544 S2, 1989) 2. Creating an obstructed street, as defined in 18.88.020.G, is prohibited. SECTION 8. Section 18.76.050.E in the Partitions Chapter of the Ashland Land Use Ordinance is amended to read: E. The partitioning is in accordance with the design and street standards contained in the Chapter 18.88, Performance Standards Options. SECTION 9. Section 18.76.170 in the Partitions Chapter of the Ashland Land Use Ordinance is amended to read: 18.76.170 Exterior Unimproved Streets and Access Ways. The following improvements are required for property being minor land partitioned adjacent to a street not improved to full city and standards. Major land partitions shall Page 4 comply with the requirements of the Street Standards in Chapter 18.88, Performance Standards Options. These requirements shall apply to streets which are dedicated in whole or in part, or where the Planning Commission finds that it is essential to the future development and interior access or circulation of an area for dedication to be provided. All improvements shall be along the entire frontage of the property and along the unimproved street to the nearest fully improved collector or arterial street, and are to be installed at the expense of the land divider. (Ord. 2551 S3, 1990) A. The final elevation of the street be established as specified by the Director of Public Works except where the establishment of the elevation would produce a substantial variation in the level of the road surface. In this case, the lot's slopes shall be graded to meet the final street elevation. B. The street be graded (cut and filled) to its standard physical width, and surfaced as required in 18.76.050 G. prior to the signature of the partition survey plan by the City of Ashland. (Ord. 2551 S4, 1990) C. Drainage ditches be provided at the probable curb and gutter location. D. Pedestrian ways (unimproved sidewalks) be provided within the street right-of-way between the drainage ditch and the property line. E. The street be surfaced as required in 18.76.050 G. to a minimum width of twenty (20) feet with all work done under permit from the Public Works Department. (Ord. 2551 S5, 1990) F. Functional, not legal, access may be obtained through use of a deeded easement where serving not more than two (2) dwellings, and access shall meet the requirements for a flag drive. SECTION 10. Section 18.80.020.6 in the Subdivisions Chapter of the Ashland Land Use Ordinance is amended to read: B. Streets: The Street Standards in Chapter 18.88, Performance Standards Options, shall apply to developments under this chapter. 1. Reserve Strips. Reserve strips or street plugs shall be created to control access onto any street which terminates upon any undeveloped land through which the street might logically extend. In such cases, the street shall be provided to within one foot of the boundary line of the tract with the remaining one foot being granted in fee to the City as a reserve strip. Upon approved dedication of the extension of the affected street, the one-foot reserve strip shall be dedicated by the City to the public use as a part of said street. This dedication will be automatic and without further action by the City. This action shall also apply retroactively to all previously created reserve strips where the streets have been extended and dedicated for street purposes. (Ord. 2436, 1987) 2. Alignment. All streets as far as is practical shall be in alignment Page 5 with the existing streets by continuation of the center lines thereof. The staggering of street alignment resulting in 'T" intersections shall wherever practical leave a minimum distance of 125 feet between the center lines of streets. 3. Future extension of streets. Where necessary to give access to or permit a satisfactory subdivision of adjoining land, streets shall be extended to the boundary of the subdivision and the resulting dead-end streets may be approved without a turnaround. Reserve strips and street plugs may be required to preserve the objectives of street extensions. 4. Intersection angles. Streets shall be laid out to intersect at an angle as near to a right angle as practical, except where topography requires a lesser angle. Property lines at intersections with arterial streets shall have a minimum corner radius of twenty (20) feet and property lines at other street and alley intersections shall have a minimum corner radius adequate to allow sidewalk and utility space and a curb radius of ten (10) feet. 5. Existing streets. Whenever existing streets adjacent to or within a tract are of inadequate width, additional right-of-way shall be provided at the time of subdivision. 6. Frontage and limited access roads may be required as defined in Sections 18.72.040(L) and 18.72.040(M) of this Title. 7. Access to subdivision. All major means of access to a subdivision or major partition shall be from existing streets fully improved to City standards, and which, in judgment of the Director of Public Works, have the capacity to carry all anticipated traffic from the development. 8. Half streets. Half streets, while generally not acceptable, may be approved when essential to the reasonable development of the subdivision, when in conformity with the other requirements of these regulations, and when the Planning Commission finds it will be practical to require the dedication of the other half when the adjoining property is subdivided. Whenever a half street is adjacent to a tract to be subdivided, the other half of the street may be platted within such tract. Reserve strips and street plugs may be required to preserve the objectives of the half streets. 9. Cul-de-sacs. A cul-de-sac shall be as short as possible and shall have a maximum length of five hundred (500) feet. All cul-de-sacs shall terminate with a circular turnaround unless alternate designs for turning and reversing direction are approved by the Planning Commission. 10. Street names. No street name shall be used which will duplicate or be confused with the names of existing streets in Ashland and vicinity except for extensions of existing streets. Streets which are an extension of, or are in alignment with, existing streets shall have Page 6 the same name as the existing street. Street names and numbers shall conform to the establishment pattern for the City and shall be subject to the approval of the Planning Commission. 11. Streets adjacent to railroad right-of-way. Wherever the proposed subdivision contains or is adjacent to a railroad right-of- way, provision may be required for a street approximately parallel to and on each side of such right-of-way at a distance suitable for the appropriate use of the land between the streets and the railroad. The distance shall be great enough to provide sufficient depth to allow screen planting along the railroad right-of-way. SECTION 11. Section 18.80.020.0 in the Subdivisions Chapter of the Ashland Land Use Ordinance is amended to read: C. Easements. 1. Utility lines. Easements for sewers, water mains, electric lines, or other public utilities shall be dedicated wherever necessary. The easements shall be a minimum of ten (10) feet in width. 2. Watercourses. Where a subdivision is traversed by a watercourse such as a drainage way, channel, or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of the watercourse, and such further width as will be adequate for the purpose. Streets or parkways parallel to major watercourses may be required. SECTION 12. Section 18.80.030.A in the Subdivisions Chapter of the Ashland Land Use Ordinance is amended to read: A. Creation of streets. 1. The Street Standards in Chapter 18.88, Performance Standards Options, shall apply to developments under this chapter, except that the Planning Commission shall approve the creation of a street to be established by deed without full compliance with the regulations applicable to subdivisions when any of the following conditions exist: a. The establishment of a street is initiated by the City Council and is declared essential for the purpose of general traffic circulation and the partitioning of land is an incidental effect rather than the primary objective of the street. b. The tract in which the street is to be dedicated is an isolated ownership of one (1) acre or less. 2. In those cases where approval of a street may be given without full compliance with the regulations applicable to subdivision, a copy of the proposed deed shall be submitted to the City prior to the Page 7 Planning Commission meeting at which consideration is requested. The deed, and such information as may be submitted, shall be reviewed by the Planning Commission and, if not in conflict with the design standards (Section 18.80.020), shall be approved with conditions necessary to preserve these standards. Within ninety (90) days following approval, the street shall be surveyed, mapped, and duly recorded with the County Surveyor. SECTION 13. Section 18.82.020.E in the Street and Greenway Dedications Chapter of the Ashland Land Use Ordinance is amended to read: E. The City may require additional right-of-way on streets which do not meet the Street Standards of Chapter 18.88, Performance Standards Options, or for necessary realignments of intersections or street sections. These do not have to be shown on the official map. SECTION 14. Section 18.92.025.E in the Off-Street Parking Chapter of the Ashland Land Use Ordinance is amended to read: E. Parking spaces located on arterials and collectors may only receive credit if the arterial or collector is greater in width that the minimums established by the Street Standards in Chapter 18.88, Performance Standards Options. The foregoing ordinance was first READ on the 19 day of January 1999, and duly PASSED and ADOPTED this 2 day of February 1999. Barbara Christensen, City Recorder SIGNED and APPROVED this _ day of , 1999. Catherine M. Shaw, Mayor Ap ved as to form: Paul Nolte, City Attorney Page 8 Council Communication Department of Community Development Planning Division February 2, 1999 Submitted by: John McLauehlin Approved by: Mike Freeman Title: A resolution relating to local improvement districts (LIDS) and establishing: The City's participation in LIDS; the potential unit method to determine assessments; the maximum assessment for residential lots and required process to include neighborhoods in LID planning. Synopsis: This resolution implements the recommendations of the Ad Hod LID Committee as accepted by the Council regarding city participation in LIDS, utilizing a potential unit method for charging assessments, setting a cap on the maximum assessment on residential properties, and establishing a policy for neighborhood meetings as part of the LID process. Background Information: The Council is well aware of the process associated with the recommendations of the Ad Hoc LID Committee, and the concerns raised by citizens regarding the LID process in general. This resolution, together with the revised LID ordinance to be presented at the same meeting, implements the desires of the Council based upon the Committee's recommendations. RESOLUTION NO. 99- A RESOLUTION RELATING TO LOCAL IMPROVEMENT DISTRICTS (LIDs) AND ESTABLISHING: THE CITY'S PARTICIPATION IN LIDS; THE POTENTIAL UNIT METHOD TO DETERMINE ASSESSMENTS; THE MAXIMUM ASSESSMENT FOR RESIDENTIAL LOTS AND REQUIRED PROCESS TO INCLUDE NEIGHBORHOODS IN LID PLANNING. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. City Participation in LIDs. A. Except as provided in paragraph B, the city shall contribute the following amounts to reduce assessments in any local improvement district (LID) formed after the date of this resolution to improve local streets serving a residential neighborhood: 60% of the total costs for sidewalk improvements; 75% of the total costs for storm drain improvements; 20% of the total costs for street surface improvements; and 50% of the total costs for engineering and administrative. B. Unless the council so directs by further resolution, no contribution will be made by the city under this section for LIDs formed after the date of this resolution if the LID improvements are required to be made by an owner or developer as a condition of approval for a subdivision or partition. SECTION 2. Potential Unit Method to Be Utilized. In determining the method to be utilized for charging assessments against benefitted properties in LIDs formed after the date of this resolution to improve local streets serving a residential neighborhood, the potential unit method, rather than the frontage foot method, shall be the preferred method. The potential unit method is that method which determines the maximum number of potential units on properties within a proposed local improvement district by taking into consideration the zoning, densities, topography, transportation, utilities and such other factors as necessary to evaluate the development potential of the properties. The planning department shall be responsible for initially determining the potential units for each property within a proposed LID. SECTION 3. Maximum Assessment on Residential Properties. A. The maximum amount any residentially zoned lot may be assessed as a benefitted property within an LID to improve local streets serving a residential neighborhood and which is formed after the date of this resolution is $4,000 plus $4,000 for each potential unit within such residentially zoned lot. This maximum amount shall be increased to account for inflation annually on April 1' based on the PAGE 1-RESOLUTION FAUSERTAWORDVid reso n98.wpd Engineering News Record Construction Cost Index (ENR Index) for Seattle, Washington. The current index is established at 5990.77. B. There shall be no maximum amount, however, on lots owned by the city or on lots where the LID improvements are required to be made by an owner or developer as a condition of approval for a subdivision or partition. C. Prior to the adoption of the assessment resolution levying final assessments as provided in AMC § 13.20.060.E: 1. Any owner may pay the estimated assessment on the lot and potential units, plus ten percent, or 2. Any owner not subject to subsection B above, may pay the lesser of the estimated assessment on the lot and potential units, plus ten percent, or the maximum amount described in subsection A above. Upon such payment, the assessment shall be deemed satisfied and the final assessment resolution shall reflect that the assessment has been paid. SECTION 4. Neighborhood Planning Process. Prior to the formation of an LID, city staff shall notify the residents of the affected neighborhood of the possibility of the LID formation. Residents shall be given the opportunity to comment and make suggestions on initial street design and potential units. Minimum street standards shall be maintained, however, unless the council by resolution specifically authorizes specific changes for a particular project. This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this day of 11999. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 11999. Catherine M. Shaw, Mayor Reviewed as to form: Paul Nolte, City Attorney PAGE 2-RESOLUTION FAUSEMPAUL\ORDUid rem n98.wpd Council Communication Legal Department February 2, 1999 Submitted by: Paul Nolte P—/ Approved by: Mike Freeman*J- Title: An Ordinance Amending Section 13.20.050.0 and Adding Section 13.20.145 to the Ashland Municipal Code to Validate Remonstrances and to Provide for Deferral of Certain Assessments Synopsis: This ordinance amends the existing code by providing for the recognition of objections to the formation of a local improvement district, even if the remonstrator is subject to a waiver of those objections. The amendments also provide for the deferral of assessments for those assessments which include potential lots. Recommendation: Staff recommends that council adopt the first reading of this ordinance. Background Information: This ordinance, together with the resolution to be presented at the same meeting, implements the recommendations of the Ad Hoc LID Committee presented to the council in September and approved by the council at its December 15, 1998, meeting. At this latter meeting, the council directed staff to bring back the resolution and ordinance implementing the recommendations of the Ad Hoc LID Committee for adoption. F:\USER\sharlene\COUNCIL\Commwimtions\lid ord.299.wpd ORDINANCE NO. AN ORDINANCE AMENDING SECTION 13.20.050.0 AND ADDING SECTION 13.20.145 TO THE ASHLAND MUNICIPAL CODE TO VALIDATE REMONSTRANCES AND TO PROVIDE FOR DEFERRAL OF CERTAIN ASSESSMENTS. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: Annotated to show deletions and additions to the code sections being modified. Deletions are 4ined�rreagh and additions are shaded. SECTION 1. Section 13.20.050.0 of the Ashland Municipal Code is amended to read: 13.20.050 Hearing on Improvement Resolution. A. Testimony Considered. At the hearing regarding the improvement resolution, the council shall hear and consider testimony, both oral and written, on the improvement. B. Approval in Discretion of Council. The council may implement the improvement resolution and undertake completion of the improvement only if, in its sole discretion, the improvement is in the best interest of the city. The council's discretion shall not be limited by the fact that a majority of the benefitted property owners have requested or indicated their support for the improvement. C. Effect of Remonstrance. If at the hearing, the owners of two-thirds of the property to be specially assessed for the improvement, or the owners of property which will be assessed for two-thirds or more of the proposed assessment, deliver to the council a remonstrance to the improvement, then action on the improvement shall be suspended for a period of six months. Action on sidewalks or on improvements unanimously declared by the council to be needed at once because of an emergency shall not be subject to suspension by a remonstrance of the owners of the property to be specially assessed. Notwithstanding any document or agreement obligating an owner, or the owner's successor in interest, to be in favor of improvements I r in favor a local improvement district, or any document or agreement waiving an owner's or successor's right to remonstrate against improvements or a local improvement district, such owner or successor may remonstrate and such remonstration shall qualify as a remonstrance under-this, section. Page 1 —ANNOTATED ORDINANCE (CAWINDOWSUEMKId ord anno n98.wpd) SECTION 2. The following section 13.20.145 is added to the Ashland Municipal Code: 13.20.145 Deferral of Assessment Payments. An owner may elect to defer payment of the amount of special assessment for a local improvement assessed on potential units pursuant to,this chapter. The election shallbe made by filing a claim for deferral with the city recorder. The effect of filing the claim shall be to 'defer payment of the!amount of special assessment for local improvement on potential units._ Potential units arethose lots identified as such in the resolution fixing the final assessments fora local improvement district. Potential units are determined by using the potential,unit method which establishes the maximum number ofpotential units on properties within a-proposed local improvement distriotby taking into consideration the zoning,densities; topography, transportation, utilitiesand`such"other factors as necessary to evaluate the,development potential of-the properties. The claim fordeferral Ishall be effective for the calendar year for which it is filed and for each subsegIuentyear until the occurrence of one or more,of the events described in this section: A.i In order to qualify for deferral of payment of special assessment for local improvement amounts under this section, the,owner.must meet the following requirements'at°°the time the claim for deferral is filed and thereafter so long as payment of the amount of special assessment for local improvement is deferred: 1. The owner filing the claim must own the fee simple estate or be purchasing the fee simple estateunder a recorded_instrument of.sale.' 2. The property with respect to which the claim.is fled must have an assessment levied uporrit for potential units. The deferment will only_ apply to the potential units, not lots or parcels which exist as of the Aate _ final:assessments'are imposed.; , B. A cl aim-ior deferral under this section shall be m writing_on a form prescribed by the city recorder and shall: : 1 Describe the,dot or parcel upon which the potential units exist. 2. Recite faotssestablishing_the eligibility for the deferral;under the provisions of this section. 3. Be verified by a written declaration of the applicant making the claim-to the effect that the statements contained"in the claim are true. 4. Be filed within 30 days after notice of the assessment is received. C. The city recorder shall show by an entry in the assessment lien record which property specially assessed is accorded deferral under this section. Page 2 —ANNOTATED ORDINANCE (CAWINDOWSUENINid ord anno n98.wpd) D. Interest shall accrue on the amount of the deferred,special assessment for local improvement at the rate'established in the resolution imposing final assessments. E: The=lieW or deferredispeaal assessment for local improvement shall have theresame pnonty as?special assessment I(ens,a�gamst real.prPMR 1; F. All deferred special assessmtsfor local`mprovement, ineludi g accrued (nterest _be come._payable when , ,wyE,.rt,..z , t. a..�,... 1 The property with respect`to wfichtdeferral of'collectwnof special assessment for local (mprovement (s cla(metl (s sold, or aficontract to sell, IS. into, Or some person; other than the owner who claimed the deferral or other than a surviving spouse of such owner who elects to continue the deferral, becomes the owner of the property. The surviving spous"�may'elest TO continue the property in its deferred status if the election is filed i elirriann-el'irast a rell aim for deferral is filed under 'section 13.20:145.8 within six months of the death of the spouse who cla(ed the deferral. Thereupon, the I property with cespeet to which the deferral is claimed shall continue to besubjeet to special assessment deferraFl 2 Whenfany�sale�contratct to sell'or4any''othertransfer occurs andya suruvg spouse does notrelect to continue the deferralthe amounts of deferred Fspecial assess ent fo, local improvement including accrued interest-:shall be,due anti payable;,on thesale_or transf„er of the property;+ 3 If the�aniounts fallmgadue asfproy ded )ri'th(s secfion are`notrpa(tl on ttie, nd Gated due date the o is shall be deemed tlel ni quent as of that date;and,the propertysshallbecome subject to foreclosure 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 1999, and duly PASSED and ADOPTED this _day of 1999. Barbara Christensen, City Recorder SIGNED and APPROVED this day of ' 1999. Catherine M. Shaw, Mayor Reviewed as to form: Paul Nolte, City Attorney Page 3 —ANNOTATED ORDINANCE (CAWINDOWSUEMPUid ord anno n98.wpd) I .. Council Communication Finance Department February 2, 1999 Submitted by: Jill Turner Approved by: Paul Nolte tj Approved by: Mike Freeman Title: A resolution of the city of Ashland, Oregon authorizing the reimbursement of expenditures with reimbursement bond proceeds. Synopsis: The city intends to reimburse itself for library expenditures with bond proceeds. The IRS requires the city to declare this intent prior to the payment of expenditures. This is an initial step in the financing of the Library. Recommendation: Staff recommends approval of the attached resolution. Background Information: This is one of the many requirements in the financing process. The cost of the architect may be reimbursed by the bond proceeds. N ALibrary\Reimburse.wpd RESOLUTION NO. A RESOLUTION OF THE CITY OF ASHLAND, OREGON AUTHORIZING THE REIMBURSEMENT OF EXPENDITURES WITH REIMBURSEMENT BOND PROCEEDS THE CITY COUNCIL OF THE CITY OF ASHLAND, OREGON, RESOLVES: Section 1. The City of Ashland, Oregon (the "City") expects to make expenditures from its available funds to pay for the costs of Library Improvements (the "Project'). Section 2. The City reasonably expects to issue bonds or other obligations (the 'Reimbursement Bonds") and to use the proceeds of the Reimbursement Bonds to reimburse the City for the expenditures it makes from its available funds for the Project. Section 3. To permit interest on the Reimbursement Bonds to be excludable from gross income, the Internal Revenue Code of the United States requires that the City declare its intent to reimburse itself from Reimbursement Bond proceeds within 60 days after the expenditures are made. Section 4. The City expects that the principal amount of the Reimbursement Bonds will not exceed $4 million. The foregoing resolution was READ BY TITLE ONLY and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland on the 2nd day of February, 1999. Barbara Christensen, City Recorder SIGNED and APPROVED this _ day of February, 1999 Catherine M. Shaw, Mayor R i wed as to form: Paul Nolte, City Attorney