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HomeMy WebLinkAbout1999-0302 Council/SS 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 fill out the Speaker Request form located near the entrance to the Council Chambers. The chair will recognize you and inform you as to the amount of time allotted to you. The time granted will be dependent to some extent on the nature of the item under discussion,the number of people who wish to be heard,and the len of the a ends. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL Z March 2, 1999 Civic Center Council Chambers, 1175 E. Main Street w Y 5:30 p.m. City Council Study Session: Strategic Planning wrap-up. a W 7:00 p.m. Regular City Council Meeting. U O uU� I PLEDGE OF ALLEGIANCE: 7:00 p.m., Civic Center Council Chambers. cpQG� w o � F" II ROLL CALL: U m U III APPROVAL OF MINUTES: Regular meeting minutes of February 16, and Executive Session of February 16, 1999. IV SPECIAL PRESENTATIONS & AWARDS: 1. Mayor's Proclamation declaring the month of March, 1999, as Hunger Awareness Month. 2. Mayor's Proclamation of Y2K preparedness. V CONSENT AGENDA: 1. Minutes of Boards, Commissions and Committees. 2. Monthly Departmental Reports. 3. Six-month Financial Report for period ending December 31, 1998. 4. Approval of Liquor License Application from Gerald Allen dba/Oak Tree Northwest. 5. A motion to adopt the findings for the approval of Planning Action 99-006, "Neuman" Annexation (Applicant: Doug Newman), adjacent to the Washington Street extension, east of Jefferson Avenue and north of the railroad tracks. 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). (None) 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: (None) IX NEW AND MISCELLANEOUS BUSINESS: 1. Council Meeting Look Ahead. 2. Update on the Oregon Department of Transportation Draft 2000 - 2003 Statewide Transportation Improvement Plan. 3. Overall status update on the Wastewater Treatment Plant and related issues. 4. Removal of the property at 209 Almond Street from the Ashland Heritage Landmarks List. 5. City of Ashland Telecommunications Franchise Agreement with Ashland Fiber Network. 6. Update and presentation regarding the Ashland Fiber Network. X ORDINANCES, RESOLUTIONS AND CONTRACTS: 1. Reading by title only of"A Resolution Levying Special Benefit Assessments in the amount of$1,791.64 for curbs, gutters, and paving'improvemen'ts for Lot 129 and reducing assessments for Lots 126 and 127 in the Dogwood Way Local Improvement District No. 75." XI OTHER BUSINESS FROM COUNCIL MEMBERS: XII EXECUTIVE SESSION: The governing body will now meet in executive session for the purposes of considering the potential purchase of real property. The executive session is held pursuant to ORS 192.660(1)(e) which allows the City Council to meet in executive session to consider the potential purchase of real property. XIII ADJOURNMENT: PLEASE NOTE The Study Session previously scheduled for Friday, March 19 at 12:30 p.m. has been canceled. A tentative Study Session has been scheduled for Tuesday, March 16 at 6:00 p.m. Details will follow at a later date. 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 fill out the Speaker Request form located near the entrance to the Council Chambers. The chair will recognize you and inform you as to the amount of time allotted to you. The time granted will be dependent to some extent on the nature of the item under discussion,the number of people who wish to be heard,and the length of the a enda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL J?D E v March 2, 1999 Civic Center Council Chambers, 1175 E. Main Street 5:30 p.m. City Council Study Session: Strategic Planning wrap-up. 7:00 p.m. Regular City Council Meeting. I PLEDGE OF ALLEGIANCE: 7:00 p.m., Civic Center Council Chambers. II ROLL CALL: III APPROVAL OF MINUTES: Regular meeting minutes of February 16, and Executive Session of February 16, 1999. IV SPECIAL PRESENTATIONS &AWARDS: 1. Mayor's Proclamation declaring the month of March, 1999, as Hunger Awareness Month. 2. Mayor's Proclamation of Y2K preparedness. V CONSENT AGENDA: 1. Minutes of Boards, Commissions and Committees. 2. Monthly Departmental Reports. 3. Six-month Financial Report for period ending December 31, 1998. 4. Approval of Liquor License Application from Gerald Allen dba/Oak Tree Northwest. 5. A motion to adopt the findings for the approval of Planning Action 99-006, "Neuman" Annexation (Applicant: Doug Newman), adjacent to the Washington Street extension, east of Jefferson Avenue and north of the railroad tracks. 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 to levy special benefit assessments for Lot 129 and reducing assessments for Lots 126 and 127 in the Dogwood Way Local Improvement District No. 75. 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: (None) IX NEW AND MISCELLANEOUS BUSINESS: 1. Council Meeting Look Ahead. 2. Update on the Oregon Department of Transportation Draft 2000 - 2003 Statewide Transportation Improvement Plan. 3. Overall status update on the Wastewater Treatment Plant and related issues. 4. Removal of the property at 209 Almond Street from the Ashland Heritage Landmarks List. 5. City of Ashland Telecommunications Franchise Agreement with Ashland Fiber Network. 6. Update and presentation regarding the Ashland Fiber Network. X ORDINANCES, RESOLUTIONS AND CONTRACTS: 1. Reading by title only of"A Resolution Levying Special Benefit Assessments in the amount of$1,791.64 for curbs, gutters, and paving improvements for Lot 129 and reducing assessments for Lots 126 and 127 in the Dogwood Way Local Improvement District No. 75." XI OTHER BUSINESS FROM COUNCIL MEMBERS: XII EXECUTIVE SESSION: The governing body will now meet in executive session for the purposes of considering the potential purchase of real property. The executive session is held pursuant to ORS 192.660(1)(e) which allows the City Council to meet in executive session to consider the potential purchase of real property. XIII ADJOURNMENT: PLEASE NOTE The Study Session previously scheduled for Friday, March 19 at 12:30 p.m. has been canceled. A tentative Study Session has been scheduled for Tuesday, March 16 at 6:00 p.m. Details will follow at a later date. What can we do to prevent the loss of adequate school fundinn? WRITE YOUR REPRESENTATIVESAND NEWSPAPERS AND STAY INFORMED!! Keep the issue of K-12 funding before the Legislature. Here are some ideas to get you started: • In your letters,explain how funding cuts are affecting our children and urge them to fund schools at the $5.1 billion suggested by the Coalition for School Funding Now!(HB2900). Send a copy of your letter to the Medford Mail Tribune and the Ashland Daily Tidings. • Attend the local meeting on March 9th at 6:30 p.m. at Walker Elementary to voice your concerns to Dr. John Daggett, Superintendent of Ashland School District. If you have concerns about how we allocate our local funds, this is a good time to air those concerns and ask the hard questions about how and why funding allocation decisions have been made for our local schools. • Prioritize your wants/needs for your children's education and let Dr. Daggett or your principal know what they are. • If you are interested in finding more funds to assure adequate funding this year, one suggestion may be to tell your legislators to keep the kicker fund (if one is available) and allocate it to K-12 schools. • A possible long-term solution for stable school funding is the revision of the tax laws to more equitably share (and perhaps increase) the taxation burden between private citizens and corporations. A sales tax may be part of the revision. Let your representatives know if you support these ideas. Ashland's legislators and their numbers are: Representative Judy Uherbelau Senator Len Hannon Address: Oregon State Capitol Address: Oregon State Capitol Room H-274 Room S-303 Salem OR 97310-0001 Salem, OR 97310-0001 Phone: (503) 986-1452 Phone: (503) 986-1726 Fax: (503)373-1583 Fax (503) 373-1527 E-mail: reoiudvu aol.com No E-Mail address at this time. URL: http//www.legstate.or.us/ro.html URL: hfD://www.lea.state.or.Os/senator.html Governor John KitTleaber State Capitol Building Salem OR 97310-0001 Phone: (503) 378-4582 24 hours All Rogue Valley legislators need to bear from as and may be swayed by our input: Senates: Brady Adams,Republican,Jackson&Josephine counties(from Grants Pass) Representatives: Jason Atkinson,Republican,Jackson&Josephine counties Susan Morgan,Republican,Douglas,Jackson and Josephine counties Rob Patridge,Republican,Jackson County Carl Wilson,Republican,Josephine County Influential legislators: Members of the House Ways& Means Sub-Committee on Education: Lynn Lundquist,Chair,Republican,Baker,Cook,Deschutes,Gilliam,Grant,Morrow, Sherman,Wasoo and Wheeler Counties Vic Backlund,Republican,Marion County, Randall Edwards, Democrat,Multomah County Karen Minnis,Republican,Multomah County Barbara Ross,Democrat,Benton Canty Carl Wilson,Republican,Josephine County Each can be reached at the Oregon State Capitol. For more information, call the Ashland Schools Coalition at 482-8079 or talk to your local school's principal, site council or PTO representatives. MHELP SAVE OUR PUBLIC SCHOOL FUNDING!! "If the proposed state budget passes, Ashland School District will be forced to eliminate the equivalent of six teachers." John Daggett, Superintendent of Ashland School District, 2/19/99 INSUFFICIENT FUNDING HAS ALREADY IMPACTED ASHLAND PUBLIC SCHOOLS: Over the past 6 years, we have lost over 20 teachers plus some administrative staff. Ashland used to have a second language offered in every elementary school. TAG programs have been cut. The music and art components of a well- rounded education continue to shrink as our funding decreases. This year has seen the loss of significant custodial services. Although our District has worked hard to keep class sizes down, even small increases,with more children with special needs per class, has created a constant challenge to our teachers' planning time and classroom management skills. Can we afford to lose more services in our schools? We are looking at the possible loss of elementary school librarians,PE specialists and/or special education support. Another possibility is larger class sizes and/or loss of electives and advanced placement classes at the high school and middle school. In addition to cutting existing services, the state budget ignores requests by school superintendents from throughout Oregon for funds to implement the new Certificate of Initial Mastery/Certificate of Advanced Mastery(CIM/CAM) standards. Thirty Ashlanders traveled to Salem on Monday, February 151h to talk with our legislators about how they will vote on the proposed school budget. We joined 1000 other concerned parents,teachers, businesspeople and senior citizens from around the state to demand adequate school funding. Here is some of what we learned: IMPORTANT FACTS: • Since Measure 5 passed in 1992, our local schools have been dependent on the state to make up lost revenues from property taxes. Although the bi-annual legislative budgets have picked up some of the monies lost, they have not funded K-12 as promised nor at the level it once was. This loss of operating revenue has had tremendous impact on districts like Ashland as we struggle to cut services year after year and remain fiscally responsible. • Our Activities Levy, through the Parks Department, and the small but important impact of Ashland Schools Foundation, have helped offset some of the impact from lost revenue. But with yet another cut in funding, our district will feel more pain which these two local funding sources will not be able to ameliorate. • The current Legislature's budget calls for$4.6 billion(11135018)to be sent to K-12 public schools. The Coalition for School Funding Now!(a pro-K-12 lobbying organization)worked with superintendents from across the state to determine that what is really needed is$5.1 billion to preserve current services and help meet the CIM/CAM requirements. • The leadership in the House is trying to push through the education appropriations bill within the next three weeks to prevent public school supporters from increasing the allocation from$4.6 to $5.1. • Len Hannon, Ashland's Senator, has co-sponsored a bill (HB2900) calling for$5.1 billion for K-12 education. His bill needs our vocal support and he needs to be thanked for his support. • Judy Uherbelau, although supportive of education,told us that she will balance every program's needs, including education. She mentioned that she would like to find more revenue in order to increase funding to K-12 and that she is concerned about other important programs going underfunded.. Every child deserves a quality education. Quality education demands adequate funding. Please help assure adequate school funding! Brent Thompson P.O. Box 201 nJLJI Ashland Oregon 97520 26 February 1999 Ashland City Council 20 East Main Ashland Oregon 97520 To the Mayor and Council, In the fall of 1997 the Ashland City Council co-sponsored a conference in Portland called Alternatives to Growth. Two Councilors, Ken Hagen and Carole Wheeldon attended. The conference was a success in that 600 people registered and 100 or so had to be turned away at the door. From the feedback, the organizers realized there was statewide support for an organization dealing solely with growth and the financial, environmental, and social consequences of it. Our statewide land use organization, 1000 Friends of Oregon, because of the alliances it tries to form, is not able to fulfill this role. As a result, last year the organization Alternatives to Growth-Oregon was formed. Please see the accompanying sheet for a list of the Board of Directors. This spring Alternatives to Growth-Oregon is holding six workshops around Oregon dealing primarily with systems development charges. As you know, a number of years ago the legislature passed a bill prohibiting municipalities from charging developers for the additional school facilities and the police and fire protection needed as a consequence of development. Recently this has had a major impact on fast growing cities. ATG-O is having a workshop In Ashland on this issue on Sunday April 1999, at the Ashland Community Center, 59 Winburn Way from 10 AM to 3PM. Since the Ashland City Council is also barred from assessing full systems development charges and since Ashland residents are also adverely affected by this issue, I am asking that the City of Ashland be a sponsor of this event. No financial assistance is requested other than perhaps waiving the cost of renting the Community Center. .Please consider this request at the 2 March 1999 meeting. Thank you. Sincerely, Brent Thompson FOUNDING BOARD MEMBERS John Baldwin is Associate Professor and Director, Institute for a Sustainable Environment at the University of Oregon. PhD.,(Zoology/Wildlife Ecology)University of Wisconsin-Madison;B.A.,(Biology) SUNY at Buffalo; A.S., (General Science)Jamestown Community College. He is an expert in sustainability both domestically and internationally with special expertise in environmental education,public and private sector environmental planning and management,and environmental policy,planning and impact assessment.He has published 45 scientific, education and policy papers and is the author of two books. His most recent work has been in Russia and the Ukraine establishing environmental centers and studying the effects of the Chernobyl nuclear power plant accident. His goal is to help the global community to develop in a more efficient, benign and equitable manner to foster a better economy,ecology and society. He lives in Eugene. Linda Craig is a CPA in public practice in Portland. She has long been interested in how accounting methods can be applied to better stewardship of natural resources and measurement of quality of life. Linda grew up on an Iowa farm.She received a B.A. degree in mathematics from University of Northern Iowa and M.A. in statistics& measurement from the University of Iowa.After completing her M.A.,she moved to Oregon seeking mountains, the ocean,and a moderate climate. She was a member of the Board of Directors of the Audubon Society of Portland for 17 years,and she also served as Desert Issues Coordinator and Chair of the Conservation Committee. In the mid- '80's,she was Chair of the Oregon League of Conservation Voters,and she is again on that Board as Treasurer. Professionally,she has been Chair of the Accounting and Auditing Standards Committee of the Oregon Society of CPAs,and she is currently Chair of the Small Scale Energy Loan Project Advisory Committee for the Oregon Department of Energy. She lives in Beaverton. Sally Cross is Development Director for the School of Engineering&Applied Science at Portland State University. Prior to joining PSU,she worked for nine years in development and political positions for the Oregon Natural Resources Council, where she helped it substantially increase its membership and budget,and later organized major activity in the political and legislative lobbying campaigns. A native Oregonian,Cross is a graduate of Barnard College, Columbia University,and has taught fundraising at the Institute for Non-Profit Management now at Portland State University. She has broad political experience working on both electoral and initiative political campaigns,administering political action committees and as a legislative assistant. She has also served on the boards of directors of numerous and varied non-profit social change and environmental protection organizations,including presently Willamette Valley Development Officers. She lives in north Portland. Candice Guth has lived in Oregon since 1975. Candice has been interested in the environment since the first Earth Day in 1970. She served as the volunteer chairperson of the conservation committee of Portland Audubon beginning in 1986 until 1989 when she began working for Oregon Natural Resources Council. After five years as the Finance Director of ONRC,she moved to Portland Audubon Society in the same position. Candice has been a member of the conservation committee at Portland Audubon,and as a representative of that group became a member of the steering committee of the Alternatives to Growth Conference. Candice is a CPA in Oregon and a graduate of Fairleigh Dickinson University in New Jersey. She lives in southeast Portland. Andy Kerr spent two decades with the Oregon Natural Resources Council, the organization best known for having brought you the Northern Spotted Owl. He started as a field organizer,spent most of his tenure as conservation director,and finished as executive director. He now heads The Larch Company,LLC,a consulting firm to environmental groups and foundations. He's also working on a book on Oregon High Desert Wilderness to be published by the Mountaineers Books in Spring 2000. During his last years at ONRC,he convened a group interested in growth, population,consumption and sustainability issues and guided them toward producing the Alternatives to Growth Conference. He lives in Joseph. Marilyn Koenitzer is a corporate officer and office manager of a firm that interprets acnal photography and provides data transfer and GIS mapping. She has also taught English as a second language. She has a M.S. in Adult Education from Oregon State University and a B.A. in Social Sciences from San Jose State University. She is Vice President of the Corvallis League of Women Voters and has been active on various state and local committees: Land Use,Growth Management, Health Care, Higher Education and Voter Service. She has been a principal investigator for Community for Clean Air and is a Committee Member of Mid-Valley Health Care Advocates. She has served on the Corvallis Planning Commission, Benton County Budget Committee and the Corvallis Citizen Involvement Advisory Committee and chaired the Corvallis Economic Planning Committee. She lives in Corvallis. Betty McArdle spent five years as Assistant to the Executive Director at Oregon Environmental Council;issue coordinator for Solid Waste/Recycling and Hanford/Hazardous Waste issues;newsletter;media relations;event organizer;prepared and made presentations and workshops to classrooms,civic organizations,and other groups; prepared and presented testimony;represented OEC on various committees and task forces;and worked with volunteers. She spent 2.5 years as Public Involvement Coordinator for the Clean Rivers Program at Portland's Bureau of Environmental Services and was a very active volunteer with the Sierra Club for ten years: newsletter editor,program meeting emcee, Public Information Committee Chair, member Action Committee and Executive Committee. A native Oregonian,she currently heads McArdle Projects,a consulting firm doing event organizing, public involvement,and writing/editing. Most recently she was a member of the steering committee and conference coordinator for the Alternatives To Growth Conference. She graduated with a BS in Attitude Change Psychology from the University of Washington and has an AS in Forest Technology. She lives in southwest Portland. Bob Millette is Professor of Biology(Environmental Biology Division)at Portland State University and Adjunct Professor of Molecular Microbiology and Immunology at Oregon Health Sciences University. He received a degree in Biochemistry with a minor in Zoology from Oregon State University. He then served in the Air Force, rising to the rank of captain. He received his PhD. in Biochemistry from the California Institute of Technology. He has served on the faculty of the University of Colorado Medical Center and Wayne State University School of Medicine. He has published over 43 scientific papers in peer-reviewed journals and has amassed over$1.6 million in research grants. He has been an active member of numerous conservation organizations and has been a volunteer with Youth At Risk. He lives in Tigard. Jeff Rogers has been City Attorney for Portland, Oregon since 1985,,running an office of 25 attorneys who handle all the City's legal work including land use planning and environmental law. He first became interested in population and growth issues when he was a student at Yale law School,where he got his J.D. degree in 1973. He was a charter member and later a board officer of 1000 Friends of Oregon,and has been active in many environmental groups. In a volunteer capacity, he worked closely with the Clinton White House in their work on the Forest Conference and subsequent forest plan. More recently he served as a member of the Population and Consumption Task Force of the President's Council on Sustainable Development. He was a member of the steering committee for the Alternatives To Growth Conference. He was recently appointed to Governor John Kitzhaber's Task Force on Growth. He lives in southwest Portland. pt'2 W Met 0�"M"" w 2 M FL one LL a CO 10.1iR11 KWIMEM"lArt Smart growth 's Johnny Appleseed Earl Blumenauer of Oregon is making a large impaCt the land from the Indians.Government ap proved homesteading,invented zoning an( on the hot-button livability inlerstates. ty movement on Capitol Hill Today,Americans are dismayed at how n 1996 Earl Blumenauer,a progres- centers,protects parks the open spaces and fertile farmlands around tel cities are being gobbled up lt� sive former state legislator and city and farmlands. helter-skelter sprawl.Smart growth is the councilor from Portland,took a seat I discovered Blume- rising demand of the '90s for livable in Congress nursing an unconven- miner rushing to the choices—for neighborhoods with corner tional--some would say quite outrageous House floor to make a stores,parks,better transit,and perhaps a --idea. one-minute statement chance to do with fewer family autos and Why,he asked,couldn't the federal gov- (and grab some C- less time stuck in traffic. ernnient reshape its thousands of practices SPAN time)combat- Anyway,said Blumenauer,grinning, and policies to stop hurting and start help- ting an opinion piece "When arguments like Will's arise,we haN ing American communities in seare by George Will,just to push back.The libertarian network and o better quality of life,stronger neighbor- printed in Newsweek conservative think tanks can't be allowed t hoods,attractive downtowns? magazine. put a negative spin on such a stunning Blumenauer wanted to establish a biparti- Will, in the colum- grassroots movement." san congressional"livability caucus."He nist's classic acerbic Even national groups of Realtors and favored a"Give Fans A Chance Act"to curb style,suggested smart growth is largely a home builders,Blumenauer adds,are now sports moguls playing one town and its fans creation of Vice President Al Gore,a stew joining in serious smart-growth discus- against another.He had a bill to make the of recooked '50s or '60s Washington-knows- sions.And across the country there are bif Postal Service consult communities before best liberalism that's"evidence of Gore's regional sustainability concerns—how moving any more post offices from town propensity for muddy,hackneyed and semi- long,for example,can Phoenix pave an ac) centers to sterile outlying sites. hysterical thinking." an hour?What can Denver do about its fas� Blumenauer's mission,announced at the Families live in low-density suburbs be- depleting aquifer?How will Atlanta cope peak of the anti-government Gingrich revo- cause they like it that way,whether liberals with its dilemma of polluted air? lution,seemed almost quixotic. agree or not,Will had written.Anyway,he Blumenauer is glad to see Gore take up But not today. Last week,on Capitol Hill, added,Americans occupy only a tiny per- the livability and smart-growth cause.He'c I saw an exultant Blumenauer at work. His cent of the nation's total land,so it's unbe- gratified that Gore and Clinton have recog Livable Communities Task Force has more coming for Gore and a"fastidious political nized his efforts.But in one sense,he notes than 50[louse members.His post office re- class"to tell folks to crowd into cities. the administration is really"just running form bill almost made it through the last The Earl Blumenauer response:George to get ahead of the parade." Congress and is now co-sponsored by 10 per- Will"simply and totally misses the mark." Blumenauer visited more than 30 cities cent of the members of the House.Another And why?"Smart growth didn't start in last year to confer with diverse groups on Blumenauer bill is already law—to make a Washington, it started in states and commu- livability and smart growth.The rapid ex- positive example of Congress by letting nities."It was Maryland's Gov.Parris Glen- pansion of the issue,he confesses cheerful- I louse employees claim a subsidy for tran- dening who gave it a name.Twenty-seven ly,has"taken me from being a wonkish ad sit passes in lieu of their free Capitol Hill governors—19 Republicans,8 Democrats vacate of good planning and turned me inn parking stalls. —alluded to it positively in their state-of- a cross between an evangelist and Johnny What's more,Blumenauer believes me- the-state speeches last month. Appleseed." menturn is building fast, in communities What's more,says Blumenauer,the smart (9) im,wamimtm fts,writers. G w I P coast to coast,for a livability agenda that growth movement"isn't about compul- through the substitutes"smart growth"for destructive sion."It's about how we publicly influence Neat R.Peirce can be reached sprawl,tames mega-highway building, the use of land—which is nothing new,he Washington Post Writers Group at 1150 15th promotes transit,strengthens town and city insists.We've been doing it since we took St.NW, Washington,DC20071-9200. Statement of Steve Pierce, 700 Butler Creek Rd, Ashland, Oregon - appearing before the Ashland City Council, March 2, 1999: My wife and I remain adamantly opposed to Ashland's proposed construction of an off-site wastewater spray irrigation and solid waste disposal site in our neighborhood on EFU land. Since discovering the scope of this plan nearly a year ago, we have written letters, joined a citizens' group, and attended both public and private meetings with City of Ashland staff, administration and City Council. As both individuals and members of Friends of the Creek, we have pointed out that this project is a dangerous and improper use of EFU land. The City of Ashland has done very little to alleviate our fears. Certainly, at the very least, an Environmental Impact Study should have already been done as part of the planning Process. As your neighbors across 1-5, we are genuinely concerned about the dangers this wastewater and sludge treatment site pose to this valley. The City of Ashland has apologized for "forgetting° to notify us about this major construction project and has mounted a strong public relations and damage control effort, with community meetings to hear citizen concerns. As far as we can see, these actions by the city have only been patronizing attempts at placating us as the construction schedule continues unabated. As a citizens' group, our only recourse has been to drag the City of Ashland into LUBA litigation. ',Z D)-i 'e, ii' 0--F'Mi �i;ouoo ttti' rni-,, t,*1q.s V yG*irJp iz.';*S'k10'ieSW 011a-llo ;]Sig iaauq 9'2. -v fit t:-t`!'Ivlv evs-ri ov-v clsio 'io eq if-3v ),;Is kf!!i2' t.)4 I�j rilfivv' vv�cli 'fo brjc-khI-i '-"t.' s ai ),nic,iq a,�rt k4'14'N �T`z I U no Jz—f;d j cn- t' 1.) fl, 'Yis as-"t 1 -,;k ioP 1 n!oo - coa . fin rA pin jrj Gj�joo!is 4.,niijno iwo it '11.2 'nri-4-laA to Oi,-) r-(4 rn :1: f 1 This in spite of the fact that we were told the city would look around for an alternate site. We were told that it would revisit the cost of a better filtering system, which was considered too expensive "new technology" when the off-site plan was approved in 1995. As a final indicator of how the city treats its neighbors, we were told use of this EFU site will be agricultural, and were robbed of our normal citizen review and hearing process when the city withdrew its application with the county for a Conditional Use Permit. As citizens of this valley, we have serious concerns about this project and its potential to harm our environment - your environment. These concerns go well past the probable odor and devaluation of our property. The Talent Irrigation District canal runs through the middle of this site. We have already seen one site landslide that closed the canal. Planners of this project know how unstable the site is. They know that it is steep and has very poor soil for such planned sprinkle irrigation. They know that the planned 12 acre pond at the top of the site is on unstable ground, near a large buried natural gas pipeline. Most of all, they know that the farming practices that they claim earns the site EFU approval are a sham. The type of practices have never been defined. None of us, and no farmer we have talked with believes any crop could be raised for sale on this land. The undefined "farm practices" are included in the plan only in an attempt to justify the final treatment of effluent and sludge on EFU land. 001 �ansvv, zv,%, see) ni aW, er;l liai-kisl Wow I Arl" S)Iul &1�-?w �IV'v, !";p. ;•1r; ?(J,. oro.,() 0:)Ov., l2i:ii r., PA r:i 3A' `.c. � vj blot wom em mcMgian SO ioo io 6,&,ridol ..-.6k4 l--NE SO ?ji sd! nis.'•vj eeU ;I,- kid wods sworea eyk yai&r-V eA 4rie,m -n�nlivns way - 1XInIt"AVRO IIX M�Vl. noiir-uIrvc,.',b b;•f i -,)Ix" Qk�&doiiq ori�`i :-�Jl ?Sol Am Al oc_i MaJA WAR SO j"sq=4 im md! AVON sha Eva) !io,r;n atia Ke ETR Idamw wor: vmim� 1C Imun-'F-I loe ip a - - rr Ho aq u bq . � i JLV ,:3 Ornq oft Ant worf;! asp Sufa WOlic, s t 3-,; 'io QUOSI adf §,,e,-I.� to LIVE, nio J jmw-'I, KAV NOW nui C�!� bns .?u ,o E�,jr)V f(pnods nn N -rInu r;piq ,W ;I; `:1-a'cojan: cis 'eatilnotiq une?, bnO U-�-s fm bfv-� monis 10 Wamsons WOR wil Qn! As for sewage sludge, with its politically correct name of "biosolids," a book could be written about what we don't know about this stuff. Ashland's sludge is low in the metals for which testing is required, but what about pathogens, pharmaceuticals, viruses, and the long list of other potential ingredients of Class B biosolids? And you intend to pile and plow this stuff on the top of a hill to run off in winter rains, leach into our creeks, and spread down into our valley. The efforts of many of your concerned citizens have forced Ski Ashland to do and redo Environmental Impact Statements and expensive scientific studies to protect your watershed. We are asking that you give the same careful attention to ours. Hook up to the BCVSA pipeline, or, if you really need to keep this water, invest in the future with better filters at your new treatment facility. The City of Ashland has endorsed the Valdez Principles, and by doing so promised to dispose of all wastes through safe and responsible methods. These principles also make you responsible for restoring the environment and compensating those persons adversely affected. These are excellent guidelines to keep in mind. Please listen to our concerns and reconsider this project. We don't want Ashland to be responsible for creating an environmental disaster. -fi lo q, e)! fl, V .A Z41� ni 'Picil ai iss "aam An I a v;id, i.9 i6! 1%1 To mly CA IN G a cot Ev.-,l --,u i:�fj Y"�itc.v lur) nv�ci., :-,Ji;l lo pm; xw` `�W J) qu inew, ptca odi ps! c) joasn j3sw wuV li -�Cl to! ow A-10 A MOST SWOU QW SAW"I mlap0qLal uc'j ackgr4n; Glow ., wbudism WancqZal mi 00.00,11 Tanow"s Inn vVY7 belaflu -jewat''s "'i at . .......... ...... .............. A 4 it Ilr _.i PROCLAMATION WHEREAS, last year more than 401,000 Oregon residents sought and received emergency food supplies from the Oregon Food Bank Network; and WHEREAS, hunger hurts the whole community: it harms the development of children, compromises the strength of our work force and undermines Oregon's livability; and WHEREAS, one in seven people in Oregon suffer from hunger; and WHEREAS, although the Oregon Food Bank distributes over 20 million pounds of food through 20 regional coordinating agencies, and 650 local gp� member agencies, including Access Food Share, the problem remains unacceptably severe; and WHEREAS, the attention and assistance of all Oregonians is needed to bring help and hope to hungry people by eliminating hunger as a problem in our state. NOW THEREFORE, 1, Catherine M. Shaw, Mayor of the City of Ashland, do hereby proclaim the month of March, 1999, as Hunger Awareness Month in the City of Ashland and urge all citizens to fight hunger by joining ACCESS Food Share and the rest of the Oregon Food Bank Network in finding a community solution to a community problem. Icy t)11 Dated the 2 day of March, 1999. 1,0 Catherine M. Shaw, Mayor Christensen, City Recorder .................... .... ... ....... 1 ..................... C 4B A 97A 41 MAYORAL PROCLAMATION WHEREAS, the City of Ashland recognizes that the Year 2000 problem involves more than just a computer issue; and WHEREAS, the City recognizes that all of its departments and services may be impacted by the Year 2000 problem; and WHEREAS, the City has determined that the Year 2000 problem is a high priority for all ity operations; and WHEREAS, the City is committed to identify, address and resolve potential problems created by Year 2000 issues and to make its best effort to ensure continuity of essential city services; and WHEREAS, the City's efforts to minimize the potential impact of the Year 2000 problem will likely involve multiple city operations and outside organizations; and WHEREAS, the City believes that coordination of all persons and groups working on the Year 2000 problem in Ashland is essential to the efficiency and effectiveness of the Ashland's overall Year 2000 effort; and NOW, THEREFORE, I, Catherine M. Shaw, Mayor of the City of Ashland, do hereby proclaim that Y2K preparedness is a high priority for the City to address; and THEREFORE, while recognizing that the City's long-standing emergency preparedness policies will go a long way to meet potential Y2K situations, the City pledges to create contingency and community preparedness plans to reduce the possible effects of computer and operational system failures throughout the community; and H Il THEREFORE, the City urges all residents and businesses both to familiarize themselves further with this issue and to make preparation for reasonable self-sufficiency in this and TE all potential emergencies. Dated this 2 day of March, 1999. Catherine M. Shaw; Mayor Barbara Christensen, City Recorder J MINUTES FOR THE SPECIAL STUDY SESSION ASHLAND CITY COUNCIL February 16, 1999 CALL TO ORDER Council Chairperson Laws called the meeting to order at 6:08 p.m. in the Civic Center Council Chambers. IN ATTENDANCE Councilors Laws, Reid, Hauck, and Fine were present. Staff present included: City Administrator Mike Freeman, Assistant City Administrator Greg Scoles, City Attorney Paul Nolte, Director of Community Development John McLaughlin,and Public Works Director Paula Brown. RIPARIAN ORDINANCE DEVELOPMENT PROCESS AND TIMELINE Director of Community Development John McLaughlin gave a brief overview on updating the City's ordinance concerning riparian areas. Noted that there have been changes at the state level,as the state has adopted more stringent rules concerning habitat,but the City's ordinance has not been updated in twelve years.. Explained that the objectives of updating the ordinance were:to comply with the state's Goal 5 requirements;to conform with the City's Comprehensive Plan;to meet community needs;to address the unique needs of Ashland; and to respond to needs that have been created by new rules at the state level. McLaughlin discussed the four main areas to be addressed in looking at Goal 5 requirements. The first of these, water quality,relates to the fact that the maintenance of vegetation within riparian corridors helps to improve water quality. With this in mind,staff is looking at ways to update the ordinance that include improving water quality. The second concern related to Goal 5 is flood management. McLaughlin explained that by restricting development within riparian zones,the City can help to control flood damage and impacts. Emphasized that the current ordinance has good floodplain management controls,which have been nationally recognized, and noted that staff will use additional review based on information available from recent floods. The third item has to do with thermal regulation. McLaughlin noted that by maintaining tree cover and streamside vegetation,the water temperature in a stream is better regulated. This allows the stream to support a viable population of aquatic organisms. The fourth Goal 5 concern is wildlife habitat. This is a concern as vegetation types,stream bank,and the treatment of riparian areas provide enhanced habitat for wildlife and influence fish habitat. McLaughlin briefly discussed the timeline for the process of updating the ordinance. Noted that the staffs efforts will follow the "Urban Riparian Inventory and Assessment Guide"published by the Oregon Division of State Lands. Inventory efforts will occur from February through May through a grant for inventory with the Rogue - Valley Council of Governments. An environmental consultant will also be looking at drainages, storm water,and properties impacted as well. The initial public involvement will begin in April and May. From April to July,actual ordinance development will occur,with ongoing public involvement through an advisory committee and/or frequent public meetings. In August and September,there will be final public hearings and the ordinance will be presented to Council for adoption. Councilor Fine questioned whether the enhanced terraces option discussed for the restoration of Calle Guanajuato would be allowable under the ordinance to be drafted. McLaughlin stated that the Calle improvements discussed would be allowable. McLaughlin discussed the riparian inventory and analysis required to more exactly map the drainages in Ashland. Explained that ordinance development will be based upon the model ordinance prepared by the state. Emphasized that the "safe harbor"option will be utilized whenever possible,declaring riparian zones fifty feet from the creek bank in fish bearing streams with flows less than 1,000 cubic feet per second(cfs),and placing restrictions on any City Council Study Session Minutes 02-16-1999 1 vegetation removal in those zones. Emphasized that because the Calla could not meet this option,the other possibility under Goal 5 is an E.S.E.E.(Environmental, Social,Economic and Energy)analysis. This will be used in the Calle,and other existing areas unable to comply with "safe harbor' requirements,to balance the protection of the stream resource versus the development potential of conflicting uses allowed by the land use ordinance or through historic development patterns. The revised ordinance will provide the means to reaching this balance. Discussed the "safe harbor"option,again noting that it will be used as much as possible. Explained that lawns will not be able to extend into the riparian corridor,and development, including shoreline stabilization,will be strictly regulated. Blackberry removal will be allowed as blackberries are a non-native, invasive species. Noted that restrictions on any vegetation removal will be strictly enforced,and that this will be a significant change in that it will not allow property owners to maintain the manicured, landscaped creekside areas that they have in the past. Emphasized that this is reflective of a change in values statewide which will likely lead to some conflicts. McLaughlin explained for Councilor Reid that a 1,000 cfs stream would be quite large. Noted that the Applegate River typically has flows in the 250-300 cfs range,and stated that all streams in Ashland and the surrounding areas .would fall into this class. Councilor Laws commented on the real need for education of property owners living along streams. Suggested that the City will need to explain the ecological reasons behind the ordinance,as well as state law,and noted that this may be best accomplished through neighborhood meetings along each stretch of stream. Some additional issues identified as needing to be addressed in this process were: an educational campaign,with presentations and a video on RVTV,and an explanation of why a riparian ordinance is needed. Fine questioned the consequences imposed by the state if the City were to take no action on drafting a riparian ordinance. McLaughlin noted that a moratorium could be imposed on any development actions in riparian areas until the City comes into compliance with state requirements. In conclusion,McLaughlin summarized noting that the purpose of this revision was both to achieve Goal 5 compliance and to bring the City's ordinance up to date. Noted that the riparian inventory will be done by City staff,with the assistance of the Rogue Valley Council of Governments(RVCOG)and a consultant. Emphasized that the City will base the revised ordinance on a model prepared by the State of Oregon, using the "safe harbor" approach. Efforts will be made to customize this ordinance for existing areas. Noted that this process will be as stream-lined and efficient as possible,and the City will not need to re-invent the wheel as the model ordinance encompasses all elements necessary for Goal 5 compliance. Discussion,recommending that the Headwaters Environmental Center be involved in the public process. Freeman asked for confirmation on points that had come up this evening, including the need for an educational campaign, with a video on RVTV,and an explanation of why a riparian ordinance is needed. Also noted the request to involve Headwaters,and to take a neighborhood-by-neighborhood approach to the educational element of this ordinance. LIBRARY UPDATE& PRESENTATION Assistant City Administrator Greg Scoles provided a quick update on the progress made with the Ashland Public Library project. Distributed a meeting schedule for the advisory committee. Explained the process,and noted how consultants are preparing visionary schematic themes that will be presented at the community workshop. Scoles handed out a list of the members serving on the advisory committee,-including their affiliations. Commented that the tum-out for the first meeting had been relatively low(30)due to the severe weather. Noted that a number of people from the County were represented on the committee. Explained that information had to be sent out to the neighborhood regarding the project,and noted that the project architects were present for open houses during the week following the initial meeting. city council Study Session Minutes 02-16-1999 2 The second meeting had nearly 60 participants who helped to develop plans that will narrow down what the dollar amounts involved should be to go out for a bond in the upcoming election. Discussed the best alternatives,noting that continuing refinements will need to happen in the on-going meetings. Scoles explained that the bond measure would need to be ready to go to the County by March 18i1 if the bond is to be put on the May ballot. Clarified that the March 16'Council meeting will be a public hearing,and stated that there may be alternatives presented at this meeting,and there will be dollar figures to consider. Reid commented on how she would have preferred that there be more time allowed to have better relations with the County. Feels that if the County is not on board with this project there could be problems. Emphasized the need to be careful, and stated that she would ideally have preferred more County involvement. Laws feels that this proposal was fairly complete and presented by a private group, with minimal staff direction at the direction of the mayor. Recognizes that there may be problems with the County which the City Administrator will be speaking to later in the meeting. Fine questioned whether the firms working on this project were aware of Planning Commission and Traffic Safety Commission concerns over the poor engineering and safety of the intersection at the library. Scoles noted that these issues had been discussed at the workshop on Saturday,and stated that he would mention them again. Suggested that these sorts of issues are less important in the pre-bond stages,and would go through a full planning process as the project moves forward. Freeman explained that he had a conversation with the County Administrator Burke Raymond regarding Raymond's concerns over Ashland putting a bond measure on the ballot for the library separately from the County. Freeman felt that there was a consensus reached regarding the County's concerns,and that the process going on is similar to that occurring under County direction in Medford and Jacksonville. Emphasized that Raymond would prefer to have a County finance staff member on the advisory committee,or at least making sure that the County is kept up to speed on the progress. Further discussions will be occurring on the issue of computers in the library,but Freeman emphasized that he feels there is consensus on how this needs to be approached at the staff level. Freeman noted that he had spoken to the City Attorney and had been advised that the City has every legal right to do this under the lease agreement with the County. Ashland cannot do anything to increase the operating costs of the library, but because the County has committed to upgrading all library buildings operating costs would be increasing in any event. Councilor Fine requested that copies of the lease agreement be made available to the Council. Council discussion of whether County approval was required. City Attorney Nolte explained that there is riot much to the lease,and it does not represent a typical landlord-tenant relationship. Suggested that it should not have been carried out as a lease from the beginning,but rather an intergovernmental agreement on the operation of the library system. In effect, it says that neither party will impose an increase in cost that would affect the citizens. Scoles explained that because the cost to the citizens will increase County wide,the City's initiation of the planning process is acceptable. Nolte stated that this was a classic case where no Council could make a decision that would be binding on future Councils. Noted that this issue will need to be addressed,along with the ownership of the adjacent property. ADJOURNED The meeting was adjourned at 7:00 p.m. Submitted by Barbara Christensen, City Recorder/Treasurer City Council Study Session Minutes 02-16-1999 3 MINUTES FOR THE SPECIAL STUDY SESSION ASHLAND CITY COUNCIL February 19, 1999 CALL TO ORDER Council Chairperson Laws called the meeting to order at 12:43 p.m. in the Civic Center Council Chambers. IN ATTENDANCE Councilors Laws, Reid,Hauck,and Fine were present. Councilor Wheeldon arrived late. Staff present included:City Administrator Mike Freeman, Director of Community Development John McLaughlin, Public Works Director Paula Brown,City Attorney Paul Nolte, Director of Finance Jill Turner, Police Chief Scott Fleuter, and Ann Seltzer. MT. ASHLAND EXPANSION Jeff Hanson,Assistant General Manager of Mt. Ashland,provided an update on the Mt. Ashland expansion project. Explained the approval process involved;and introduced District Ranger Linda Duffy of the Forest Service's Ashland Ranger District to explain the legal process involved. Stated that the Forest Service has-an excellent history with the management on Mt.Ashland, and feels comfortable to be in partnership with the current management. Duffy briefly explained the proposal and possible alternatives(no action,the proposal before Council,or a third option (to be presented at a later date),and noted that the draft environmental impact statement would be available for review in May,and that a decision would be made in August or September. Pat Acklin,geographer,former City Councilor and member of the Mt.Ashland Association Board,commented on how the City recognized the importance of Mt. Ashland when the citizens stepped in and purchased Mt. Ashland. Commented on the high level of commitment of the Mt.Ashland Association Board. Emphasized how important this expansion is to the Board,that it is in keeping with the mission of the ski area,and stated that they are committed to being fiscally responsible. Hanson covered the reasons forthe expansion:additional novice and intermediate terrain;more opportunities for special programs;the need to compete as a business;and the need to be economically viable in the future. Explained that the expansion would be funded through savings and investment income. Additional funding would come from operational income,and a small capital campaign, but little or no debt would be incurred. Ticket prices would stay low, special programs would continue, and the long term fiscal health of Mt. Ashland would be enhanced. Emphasized that the construction planned will further develop the area for skiing,with a respect for nature. Noted that part of the project includes new chair lifts and ski trails. Reid questioned how the new runs and chair lifts will be accessed. Hanson explained that the new area would be accessed by current lifts and ski ways. Hanson explained the proposed trail designs and construction planned. Emphasized that trails would be located on wide, dry ridges; all native vegetation would remain except those actually cut to clear the ski runs; and the construction methods utilized would be done to prevent erosion and be conscious of the water shed. Hanson introduced Scott English,ofNorthwest Biological Consulting,who explained how crossings were designed over creeks and through wetland areas so as to minimize their impact. Explained that the multi-disciplinary consulting team worked with the Forest Service to survey vegetation, delineate wetlands, develop options, and engineer appropriate crossings. Pointed out that they have engineered a bridge design that is the full width of the ski trail,able to withstand a hundred year flood event,and has all supports completely out of the wetland area. Explained the present and future needs for parking,given the projection for a twenty five percent increase in guests over the next ten years. Suggested that two hundred additional parking spaces will be needed,and stated that construction techniques will be chosen to avoid erosion. City Council Study Session Minutes 02-19-1999 1 Mark Reitinger,designer with Reitinger&Associates,showed an illustration of the proposed guest services building, which will be designed to accommodate eighty people inside and another eighty on the terrace. Explained that they are looking for a design that has an alpine or European feeling. State that the intention is to design and place the building so it looks as though it has always been there. Pointed out that the 2900 square foot footprint will be a fairly small building, oriented to minimize environmental impact while taking advantage of the available views. Introduced board member Ron Roth,who noted that he is in the unique position of being a board member of both Mt. Ashland and Headwaters. Commented that he is also a member of the Sierra Club. Stated that he feels that there is a real need for more terrain at Mt. Ashland,as the community has outgrown the existing ski park. Feels that there is a need for additional parking due to the number of kids and groups that are using the runs for special programs. Stated that there will be some environmental impact,but that he feels comfortable with the amount of effort that has gone into planning the wetland crossing and trying to protect the environment. Noted that he does not believe that there will be any future expense to the City. Fine asked what would happen in the remote likelihood that the ski area were to go broke,specifically questioning what responsibility the City government would have in this instance. It was explained that the Forest Service permit includes the requirement to rehabilitate the land,and the City has a lease that passes the rights and responsibilities in that permit on to the Mt. Ashland Association. Noted that they have increased the contingency fund for rehabilitation from $300,000 to$500,000 for emergency situations. Laws noted that the assets were also thought to be sufficient to cover the costs of returning the land to the condition required by the Forest Service. Hanson explained for Reid why new trails were being placed on the north side rather than the south side,noting that the north side terrain is better for novices,that there was a desire in initial planning to preserve unique areas on the south side,and the northern exposure is also better protected in bad weather. Laws commented that the Council would be most concerned with any impact the expansion might have on the City's watershed. Suggested that the statements by Acklin and Roth, along with Forest Service participation, inspired confidence that the environmental impacts have been minimized. STRATEGIC PLANNING City Administrator Mike Freeman explained the draft plan that had been handed out. Noted that it listed a policy statement in each area, followed by specific goals to be achieved for each area. Would like to work out policy statements for those goals that have not yet been completed. Laws requested that wanted to make sure all statements were agreed upon by the Council,and expressed his concern that there were too many short-temt goals listed(44 for the next year). Suggested that there needs to be some process to prioritize these goals, and eliminate some. Freeman suggested going through the items that have not been completely worked through by Council,and then when all items have been addressed going back through to streamline things. Discussed the strategic planning process versus goal setting,with Laws expressing concerns that there are more than forty items to be accomplished in the 1999-2000 fiscal year. Laws also suggested that there is a need to determine whether there is Council consensus on each of the goals. Freeman suggested addressing the items that have not been discussed first,then determining Council consensus and prioritizing items that need to be accomplished in the next year. Wheeldon pointed out that many goals related to staff actions,and are not things that the Council will have to address. Hauck suggested that future items merely indicate"Post 2000"rather than identifying specific years,as this will be an ongoing process to be looked at again each year. Discussed the policy statement under Citizen Participation and Involvement,noting that some work was needed on the wording to emphasize the Council's commitment to a two-way exchange of information. Reid noted,and Hauck agreed, that item number one was really a part of number two. Wheeldon stated that she would like item number three,public City Council Study Session Minutes 02-19-1999 2 input process,to be given priority. Council asked that item number five be removed. Fine questioned whether item three should be to establish minimum standards for a public input process to be applied for all projects. Council discussed whether an outside consultant was necessary to assist in crafting public involvement standards. Wheeldon suggested that she would prefer a consultant, Reid felt that the goal was satisfactory as presented. Laws stated that it would be better to look to the goals of the Communication Committee's report. Freeman stated that he felt that at least having some minimum standards in place was important,citing the LID process as an area with room for improvement in the public process,particularly in early on in an LID. Discussed the nature of the public process,and the need to have some minimal procedural parameters in place, and a list of common elements to be addressed,to guide the process toward its intended goal. Freeman suggested that each Councilor look at the policy statements,particularly those that have not yet been addressed before the full Council, and bring back their input to the next study session at 5:30 p.m. on March 2". Discussion of whether Councilors should prioritize items before the next meeting,with the consensus being that full Council should look at the goals first to determine whether they are to remain on next year's list. ADJOURNED The meeting was adjourned at 2:15 p.m. Submitted by Barbara Christensen, City RecorderlTrearurer City Council Study Session Minutes 01-19-1999 3 ASHLAND AIRPORT COMMISSION Noon, Wednesday, February 3, 1999 ,VrAION e.Yi ' Irrlr4� YILYNYTk MINUTES MEMBERS PRESENT: Paul Rostykus, William Skillman, Don Fitch, Ken Ehlers, Alan Hassell, Lillian Insley, Marty Jacobsen, Councilor Cameron Hanson; Staff present: Paula Brown, and Dawn Curtis MEMBERS ABSENT: Bob Skinner, FBO I. CALL TO ORDER: Meeting 12:00 Noon I1. APPROVAL OF MINUTES: Wednesday, January 6, 1999 Minutes approved with changes. III. ADDITIONAL AGENDA ITEMS: Airport Commission Liaison - Commission recognized newly appointed City Council Member Cameron Hanson who will preside as Council Liaison to the Airport Commission in the place of Alan DeBoer. Election of New Vice Chair for Airport Commission - Rostykus announced that Chairman Paul Mace has resigned from the Airport Commission effective immediately. A new chairman needs to be elected. Insley nominated Paul Rostykus as the Chairman. Jacobson and Fitch seconded the motion. Rostykus was unanimously voted as Chairman. The Vice Chairman chair was now vacant. Nominations for Vice Chair were open. Jacobsen nominated Bill Skillman, Insley seconded the nomination. Skillman was voted in as Vice Chair. IV. OLD BUSINESS: A. Pending Projects: 1) Robert Given and Tara Labs Occupied: The new hangars are now being occupied. Brown will check with the Building Department on the status of their clean-up. The patch of pavement at the end of the hangars needs to be completed. The $4,000 deposit funds have been budgeted for landscaping and pavement. 2)Hangar Development: Deposit has been received for the Bill Firman Land Lease. A letter was sent to Bill Firman and Douglass Neuman which stated the land lease standards for the Airport Commission. The letter set a 90 day submittal limit on the plans and specifications to the Commission. The letter also sets a 180 day limit for the commencement of construction. We should be hearing back from Firman no later than the end of March. 3)Fuel Tank Status: Tanks are still in construction at ACE. We have gotten a little relief from DEQ who will allow us to use the remaining fuel in the tanks. Brown will question Skinner about the time frame we are looking at to use the fuel we received earlier in December. There will be no way to refuel now that the deadline has passed without being penalized. With the standards being set by DEQ we can refuel with G:Daw \Airp\Minute\Jmuary 99.wpd a penalty of$3,000 plus $0.10 per gallon. To do this we have to submit a Mutual Agreement and Order (MAO) with DEQ. The MAO must be submitted by January 22, 1999 for us to qualify. Brown asked the Commission if they would consider this? Insley asked if we could fuel from trucks? Skinner and the City have been searching for trucks, but there are none in the area. Jacobsen asked if the tanks would be available by February? Yes, the tanks are supposed to be delivered and the City has made installation their number one priority. If anything happens to set back the delivery date we will be out of fuel before the tanks are installed. Do we want to take this chance or should we hold out? Commission members felt it would be better to have a special meeting with Bob Skinner present. The meeting will be set up for January 20" at noon. Jacobsen asked if we could get a firm commitment from ACE on delivery schedules? Brown commented that we have no leverage at this point, we are at the mercy of the contractors. Brown commented that it was the City's responsibility to supply Skinner with fuel and they will have to honor that agreement. If the Commission votes to file the MAO the City may find a way to reimburse the money, but we have to decide soon. Ehlers wanted to wait for Bob's opinion on the situation. B. Maintenance Issues: Staff Beacon Failing-The beacon has been on its last leg for quite a while now. The Electric Department says it is beyond repair. Brown was looking into some estimates for replacement and the cost seems to be in the $2,000 - $3,000 range. Jacobsen asked if she had looked into any surplus catalogs for some lower costs. He suggested looking at a copy of Sporty's Magazine. He will forward a copy to Brown. IV. NEW BUSINESS: A. Environmental Mapping Services Hangar Conceptual Proposal Scott Toll and Roger Vickers, Environmental Mapping Services, LLC, brought a proposal to the Commission to construct a hangar/maintenance hangar adjacent to the FBO maintenance hangar. Toll and Vickers described the history of their business and how Ashland would be a suitable choice for the hub of their operation. They had previously met with Brown to discuss their proposal and she forward on them onto the Commission. EMS has approached Skinner with this proposal and he is supportive of the addition. Jacobsen commented that a future FBO might not feel the same about sharing the space. The addition of this hangar constricts any additions or growth for the FBO hangar in the future. Vickers commented that they need a 100 X 100' hangar. They will need considerable space needs to equip the airplanes with the equipment. Rostykus asked if they were looking into land leasing or buying the hangar? They are still negotiating and are willing to work with the Airport Commission and the City to come to a mutually beneficial agreement. The attractiveness of this particular site lies in the quick access to the runway and utilization of the FBO's maintenance hangar. The costs to build in the other areas designated for the larger hangars is considerably more because of the wet soil fill. Toll distributed handouts to Commissioners which described their equipment and business in more detail. Ehlers asked how long this conceptual idea would take to complete? Toll felt this could happen fairly quickly because the cost of monthly tie downs is very high and we would prefer having the security of a hangar. These are the incentives for moving into a hangar. Vickers commented he would like to leave the meeting with a feeling that this will be an acceptable offer. Rostykus felt we should consider a contingency plan in the event that we need to switch FBOs and this should be discussed with Skinner. Toll commented that the EMS aircraft would not be in the hangar all the time and the FBO could have utilization of the space. Jacobsen remarked that this was the kind of marketable development the airport needs. Ehlers agreed with this comment. Jacobsen asked if a site plan could be prepared by next month? Rostykus asked if this could be addressed by Skinner first. Brown motioned that if an agreement is signed that Skinner, the Airport Commission, and EMS need to address controversial topics that need to be addressed in writing in the agreement to protect all.the interested parties. EMS and Brown will discuss this further and the Airport Commission will be kept informed. EMS expects to approach the Airport Commission in March with finalized plans. G:Dawn\Airy\Minutes\J=uury 99.wpd B. Ashland Airport Association: Status Report - None C. Other: V. AIRPORT MANAGER REPORT/FBO REPORT/AIRPORT ASSOCIATION: A. Status of Airport Financial Report Review of Safety Reports: None B. Ashland Airport Association: Status Report None C. Other: VI. INFORMATIONAL ITEMS: A. ODOT Letter from Elizabeth K. Johnson Enclosed FYI B. Airport Commission Goals C. Risk Factors for Pilot Fatalities in General Aviation Airplane Crash Landings and 98 Nall Report Submitted by Paul Rostykus D. FAA Northwest Mountain Region Airport Conference VII. NEW: Ashland Airport Freight Tariffs- Commissioner Jacobsen wanted to address the fee we charge for freight tariffs. Our rate is $.65 per 1,000 lbs. Would the Commission support the idea of researching the history of this rate and be open to the idea of raising this fee? Jacobsen had discussed the rate used by the Jackson County Airport which is $1.66 per thousand lbs. Brown assumed their rate could be higher because of the foreign customs they might have to apply. Staff will look at other airports for a comparison in rates. Staff can not recollect the last time the freight tariff was raised. Ehlers felt we should be willing to charge more since we primarily oblige the freight services during unsatisfactory weather conditions. Staff will ask Skinner to provide the number of fog relief days we have had over the past year. VII. ADJOURN: Meeting was adjourned at 1:45 PM. G:DavmWirp\MinutestDecember 98.wpd ASHLAND HISTORIC COMMISSION Minutes February 3, 1999 CALL TO ORDER The meeting was called to order at the Community Center by Chairperson Jim Lewis at 7:40 p.m. Members present were Jim Lewis,Terry Skibby,Gary Foll,Joan Steele,Joyce Cowan, Dale Shostrom and Curt Anderson. Also present were Senior Planner Bill Molnar, Associate Planner Maria Harris and Secretary Sonja Akerman. Members Vava Bailey and Keith Chambers were unable to attend the meeting. APPROVAL OF MINUTES Steele moved and Cowan seconded the Minutes of the December 2, 1998 meeting be approved as submitted. The motion was unanimously passed. PUBLIC HEARINGS Planning Action 99-008 Conditional Use Permit and Site Review 600 Siskiyou Boulevard Laurie Bixby Harris reported the applicant is proposing to convert a 1,590 square foot single family residence into an insurance office and 244 square foot efficiency apartment. The insurance office will comprise 1,350 square feet and will have four employees. Four parking spaces are proposed off the alley at the rear of the property. There will be a wheel chair ramp and door added in the rear. References to office space permitted by Conditional Use Permits are referred to as singular, and in Staffs opinion,this language is intended to keep the scale and impact ofa professional office compatible with the residential zoning. The target use for the property is two residential units. The applicant has focused the impact area on Siskiyou Boulevard, however, Staff feels the entire 200 foot radius around the property should be recognized as the area that will be impacted. Two units would generate 12.2 vehicular trips per day, according to the Institute of Transportation Engineers (ITE) Trip Generation Manual. The proposed use is estimated to generate 21.6 trips per day,which would be an increase of 77%. Staff is also concerned about the loss of housing stock. The loss of a single family residence to an office and a 244 square foot apartment is another concern, especially if the applicant decides to expand her office space into the apartment. Over the past several years, Harris noted there has been an obvious change in philosophy for the Planning Commission and City Council regarding characteristics which make a professional office appropriate and compatible in a residential neighborhood. In the notice area, 17 of 22 notices were sent to residences rather than commercial offices. It is important to look at the livability of the area and the impact on the alley. Skibby asked when the City Council decided to keep most of Siskiyou Boulevard residential. Molnar said the early 1970s, when discussion of expanding the commercial zone was initiated. The Council decided at that time it was more important. to keep the area residential rather than expanding the commercial area. When asked if the Conditional Use Permit would go with the property as in most cases, Harris said a condition would be placed on this proposal limiting the approval to this insurance office only. Any other use would require another Conditional User Permit. Shostrom commented the length of the parking area seems too long and wondered if the spaces could be shortened. Harris replied only 28 feet are required and the applicant has proposed 40 feet. Richard Stevens, 363 West Sixth Street in Medford, stated he is the agent applicant. The Planning Department raised a number of issues, but he said he would only argue what he feels is in the scope of the Historic Commission. He stated an insurance office is allowed under conditional uses. When the Council zoned this area as R-2,conditional uses were allowed so the residential look could be retained. The applicant in this case will maintain the historic integrity and not change the look at all. $250,000 will be put into the house. If the property is used as the target, another structure could be built behind the existing house. The proposed use protects the neighborhood and assures this structure will be there in the future. As far as livability is concerned, 14 trips a day is not a significant number. He believes trip generation will vary between 14 and 21. In his opinion, the 77% increase is a distortion of facts. As far as the loss of housing stock is concerned, he feels the Commission should be more interested in the continuance of the protection of the structure. Parking will be provided in the ratio required by ordinance. Foll asked if the applicant plans to keep the basic interior in tact. Stevens answered it will be left as it is and could easily be converted back to a residence. Skibby stated the signage will have an impact to the residential character. He also expressed his concern about the loss of the shed in the rear and that the alley will change. Stevens said the property will be screened from the alley with vegetative material and a tree-will be planted. Joanne Johns, real estate broker representing the applicant, said the home requires no changes inside. It will be a beautiful work space for the office. The current owner is using the existing efficiency apartment and his office is in front. It would be simple to turn it back into a home. The current owner is selling the house because of traffic, noise and his acquisition of a boat, truck and camper shell. He would have to build a huge garage if he remained in the home, which would change the total character of the property. Johns assured the Commission Bixby has no intention of expanding the office into the apartment. She also related efficiency apartments are in high demand because of the affordability. Laurie Bixby, 571 Oak Hill Circle, stated she has lived in Ashland for 20 years and first became aware of the house 17 years ago. She maintained she has always appreciated historical homes and will keep the historic integrity of this one. Of the eight neighbors she had spoken with on the phone, all were supportive of her proposal except one. Lewis questioned if the interior needed to meet ADA standards." Molnar replied generally, when there is a change of occupancy such as this,the structure would need to be comply. This will be reviewed by the Building Department, however, and the determination will be made at that point. When questioned by the Commission about the amount of money that will be put into the property if nothing on the interior will need to be changed, Bixby clarified only $30,000 will be used for improvements and most of it will be concrete. Anderson asked Bixby the number of clients she has. She answered she has approximately 14 per day and each appointment lasts around 10 minutes. On a particular day, she noted of 14 clients, 10 arrived by auto and four by foot. She added 79.1% of her business is conducted on the phone. Lewis agreed with Stevens that an addition could have a much larger impact than what is being proposed,which will maintain the historic integrity of the house. The residential area, however, could be impacted. Also, Lewis stated it doesn't seem to be much of a mixed use comparing the size of the apartment with the business. If this proposal is approved, he would like to make sure the apartment is being used as an apartment. Skibby stated this specific business is compatible with the neighborhood and will enhance it. Foll also felt it would bean appropriate use for a historic building on such a major street. Cowan said she felt one business and one apartment would be a better use than if the house were to be broken up into apartments. Anderson commented he was touched by the fact the applicant noticed the house 17 years ago and was encouraged by the fact the neighbors Bixby talked with did not object. Lewis added it was a good idea to limit the approval to the one owner and one business. Shostrom would like Staff to look at the depth of the parking spaces in the rear. He said all the asphalt would have a negative impact on the property and felt they should be shortened. Molnar agreed and said a condition would be added to reduce the size of the spaces to the standard size. Steele moved and Foll seconded to recommend approval of this proposal to the Planning Commission. In discussing the project, Anderson said he would appreciate as much vegetation in the rear.as possible and also would like to make it a condition the parking space depth be made shorter. Harris also noted the spaces proposed are wider than necessary. Shostrom asked if one of the sheds which is supposed to be demolished could be saved and used for storage or trash receptacle. He said 15 feet could be saved on the parking spaces, including the shed. (After speaking with the applicant, she agreed to meet Shostrom and her contractor at the site to discuss this. The Commission gave Shostrom the authority to make the Aecision on the shed at the time of this meeting.) Conditions the Commission would like placed on this application were the reduction of the hard surface area of the parking spaces,which would minimize the parking area, and the preservation of at least one of the sheds, if possible, both of which would help preserve the existing alleyscape. The motion was unanimously passed. On February 4, Shostrom met with Bixby and her contractor, Darrell Boldt, at 600 Siskiyou Boulevard. They agreed to the following conditions of approval: 1)retain the existing garage and siding at the east side of the property off the alley(garage to be re-roofed), 2)remove the existing shed at the west side of the property off alley and salvage the siding to patch existing adjacent shed, 3)new pavement to the end of existing garage (maximum) for parking(+/-28, was 409 with spaces to be 9'x 20; and 4) slope parking toward office to minimize(11 in back yard to existing lawn level. See attached diagram. Ashland Historic Commission Minutes February 3, 1999 2 Planning Action 99-011 Comprehensive Plan Map Amendment,Zone Change, Conditional Use Permit and Site Review 138 North Main Street and 75 Heiman Street Jonathan Warren Molnar began the Staff Report by stating 75 Heiman Street is zoned R-3 and 138 North Main Street is zoned R-2. The applicant proposes to rezone both parcels to C-1. The house located at 75 Heiman Street is proposed to be moved and in its place, a two story 6,000 square foot 12-unit Craftsman style building would be constructed. Ten of these units would be 350 square feet and two (one on each floor) would be 700 square feet with kitchens. The larger units could be used as apartments. There are two structures on the property at 138 North Main Street. The original residence currently comprises four apartments - these would be converted to four motel units. Likewise, the two apartments in the cottage would be converted to two motel units. They will also be set up for long term rentals. Nineteen parking spaces are required; 21 are proposed off the alley behind 138 North Main. Parking for the Heiman Street building will be down the alley, with ingress and egress off Heiman. In Staffs opinion, zone changes need to meet one of four criteria. The applicant has not documented public need for additional commercial land to accommodate additional motel units. Molnar also stated is zone change can be approved if the neighborhood has changed. Staff looked at the Comprehensive Plan and the need for additional tourist accommodation units. According to the Finance Department and looking at the hotel/motel taxes,the room rentals have either declined or remained level. At this time, the occupancy rates do not warrant a zone change. Also, there is still some uncertainty about how the Haines' property will be developed. The partially vacant land could accommodate traveler's accommodation units. In addition, the re-opening of the Mark Antony will add more units to the downtown commercial core. This does not warrant the expansion of commercial land into the residential area. The impact of the proposal would be very disruptive to the existing residential area, especially down Central Avenue. The massing and scale of the proposed new building are significant and represent considerably larger improvements than would be feasible if the properties were developed separately. Staff does not feel the criteria has been met. Lewis asked for clarification of the zone change on both properties. Molnar replied if approved, Staff is recommending the zone change be tied to this particular use. If for some reason the properties are not developed as proposed,a new proposal would be required. He also clarified the footprint.of the cottage would remain the same. The roof line will change to be more compatible. Ray Kistler, architect for the project, said since he did not do them, he could not address the findings, but was present to answer questions on the design of the proposed building. He validated if the application was approved,local contractor Brad Roupp would move the house at 75 Heiman to his property on Oak Street. The house is fairly intact and in decent shape. It will be gutted and brought up to code. Kistler also noted the only entrances to the new building will be on Heiman Street and in the rear toward the parking lot. Foll questioned the scale of the building compared with the homes on Central Avenue. He feels it will not blend in and said it would be beneficial to have a drawing of the streetscape. Kistler acknowledged the only similarity with the.neighborhood and the proposed building is the height of the adjacent tiouse and the white one across the street. The massing is not in scale with the Central Avenue homes, but with the Bard's Inn and the Haines'condos across the street,and it will be smaller than them. Skibby stated the house faces Heiman and said he feels the house is more a part of the developed area of Heiman rather than the homes on Central Avenue. If the house is moved and restored, it will be in character with the new site'on Oak Street. The historic integrity of the Helman Street house and the North Main Street houses will be kept. When asked by . Skibby about signage, Kistler responded there will be no sign on either site. Joan Drager, 123 Central Avenue, stated her 2,200 square foot house is adjacent to 75 Heiman Street. It will be dwarfed if the proposed structure is built. The existing house could be restored on the existing site; it is not appropriate to move it. She said she has lived in her home for over 20 years and has a fondness for the neighborhood. All the houses on Central are cottages or bungalows and there are not other commercial entities on the street. She feels it is important to preserve the area and not eliminate the residential area. She passed around photos taken inside her house looking out and of the area. It the new building is constructed, she would look out onto a massive wall and would have no view whatsoever. Ashland Historic Commission Minutes February 3, 1999 3 Foil said that while reviewing the Comprehensive Plan, he encountered sections relating to commercial encroachment upon residential neighborhoods, which would be disruptive and not in keeping with the historic character. Steele said it is her understanding Haines is more inclined to build traveler's accommodation units than condos. Lewis commented it is important to look at the impact to the Historic District. The proposal would ruin the chance to revert back to a lower impact residential use. The existing Central Avenue residential streetscape would be lost. The proposal will have an exceedingly negative effect. Skibby maintained it is necessary to look at the fact that Bard's Inn is existing and will expand. Shostrom said it is necessary to look at what this will do to the adjacent properties. This is an opportunity to take the house on Helman and work on it where it is. The corner property is a good transition to the residential area and is a good stopping point for the commercial area. Cowan said she hates to see the residential character of Central Avenue taken away. Skibby argued the site is going to grow. He sees it as saving the North Main house and the Heiman Street house, even though the latter will be moved. This is a unique situation and it is necessary to look at what has already been approved. Heiman Street is commercial. Houses have been moved in the past. He agrees it is important to keep the historic character but added it is important to keep people downtown also. The area will develop. He stated he respects the historic structures on Central Avenue and feels the proposed application,is within this respect. Foil moved to recommend denial of this application to the Planning Commission. Steele seconded the motion. The motion passed with all voting aye except Skibby. Anderson moved and Foil seconded to extend the meeting until 10:15. The motion was unanimously approved. BUILDING PERMITS Permits reviewed by members of the Historic Commission and issued during the month of January follow: 267 Eighth Street Ken McCulloh Remodel/Addition 125 East Main Street Paddington Station Re-roof 525 North Main Street Dr. Scott Young Addition 372 Iowa Street Steven & Donna Meeks Accessory Residential Unit 154 Oak Street Michael Uhtoff Roof Replacement 854"A" Street Ilene Rubenstein Addendum 240 East Main Street Footlights Theater Sign REVIEW BOARD Following is the February schedule for the Review Board,which meets every Thursday from 3:00 to at least 3:30 p.m. in the Planning Department: February 41 Skibby, Cowan, Shostrom and Lewis February 11' Skibby, Anderson and Steele February le Skibby, Foil, Lewis, Chambers and Steele . February 25'° Skibby, Lewis and Foil OLD BUSINESS Project Assignments for Planning Actions PA# Address Persons)Assigned 96-086 685"A" Street Curt Anderson/Jim Lewis 97-018 661 "B" Street Jim Lewis 98-022 112 Heiman Street Vava Bailey Ashland Historic Commission Minutes February 3, 1999 4 a PA# Address Person(s)Assigned 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 Jay Leighton, Ashland Associate Program Manager for SOHS, asked the Commission if it would rather meet on February 24'"or 25'"for the tour. The Commission decided the 241"would be best. She also informed the Commission the first Conversations With.... program will be on February 6'". The speaker will be Michael O'Brien. These programs will be held on each first Saturday of the month. Grant for National Register Web Site Steele stated she still needs input from the Commissioners. She would like to get the narrative done before summer. Ashland Public Library Lewis reported the architectural team that was selected to do the space assessment for the library will be holding a workshop on February 6'". Lewis has been asked by the Mayor to help with the meeting and he said he would appreciate help from Commissioners who would be able to attend. NEW BUSINESS Demolition Reguest for 209 Almond Street Molnar explained the procedure for primary and secondary structure demolition requests in the Historic District. Certain criteria needs to be met by the applicant prior to receiving a favorable recommendation.from the Historic Commission. Ultimately, the request needs to be approved by the City Council. The owner of 209 Almond Street is requesting demolition of the existing house because he said it is not structurally sound and his insurance has been canceled. Staff feels there is a heavy burden placed on the criteria and questions whether or not this house can be restored for a like amount of money it would cost to build anew home of the same size and general design on the site. It is also Staffs feeling the applicant should get bids from contractors who have a track record in restoring old buildings as the City Council will want evidence supplied by an expert. John Javna, owner of the property, stated he would have come in with an idea of what will replace the house, but since his insurance was just recently canceled, he did not have the time. He had hoped to wait until spring, but feels the house is a liability as it sits and it creates a potential financial burden on himself. Ashland Historic Commission Minutes February 3, 1999 5 Lewis stated the Historic Commission feels it is necessary for Javna to get cost estimates on replicating the house- same size building on the same location. He needs to show evidence why it would be beneficial for the City to have the house demolished rather than renovated. Lewis said he feels Javna has contributed to the decay of the house because after the windows and doors were removed, he did not make an attempt to keep the weather out. Skibby moved and Anderson seconded to continue the meeting another 15 minutes. The motion passed unanimously. Javna maintained he did not allow the building to become more dilapidated. He said he had to invest money in the structure in order to have people come on site to take a look at it. Foll said he believes the house, as it is now, has no value. Architect Ron Saladoff informed the Commission he has worked on restoration projects, and he always looks for things that would give the building historical significance. Historically, he doesn't feel there is much in place. Skibby said he feels it is worth saving and that he has talked with an architect who also feels it is worth it. It is an asset to the streetscape and is a part of the historic inventory. He maintained Javna's hardship was self=imposed. Cowan said she is in favor of saving as much of the building as possible and only replacing what has to be replaced. Contractor Jim Hand declared from a structural standpoint, the house was not that well built to begin with. He said he is all for restoration but restoration needs a pocket book. He would not like to put a dollar amount on the restoration because it would put his finances at risk. With a motion by Skibby and second by Foll, it was the unanimous decision to extend the meeting to no later than 11:00. Cowan said she doesn't feel the Historic Commission can give closure on this decision until it sees figures on restoration and rebuilding. Skibby added historic structures in Ashland have value..Value is added to each structure if it is original, Javna stated he will get the figures and retain the facade if it is possible. Shostrom asserted he does not agree this should depend on dollars and cents. He knows there are people who take historic buildings and make something beautiful no matter what shape they are in. Lewis agreed but added the gist of this is how much money is a financial hardship in this case. Javna stated he will voluntarily keep the house if the numbers come out similar and asked if the Commission's decision could be made contingent upon this. Anderson moved to recommend denial of this demolition request until a cost analysis and hardship is proven, while maintaining Historic Commission preference for retaining the original building, but if this is not feasible, to replicate it. Cowan seconded the motion and it passed with all voting aye except Foil. ADJOURNMENT It was the unanimous decision of the Commission to adjourn the meeting at 11:00 p.m. Ashland Historic Commission Minutes February 3, 1999 6 boo S r s p Leo() ZVI 51 D I N61 3. M sr TO rctJD IWI�r �&t 4-a�e- (M�) X02 PAC,"N 61- �}' 7-S' 40'I f c ts, 0 r- °lk zd- �1 , 5t-op1 i t A)� i7ok*e-D fir-, E ry tM w t rz.F- �11-t, 54P TO 5-6 j I i Pti ,may (e) Use Sro,Nk n I nl � IcO' ` ro SliSK��a � i � c Council Communication Finance Department March 2, 1999 Submitted by: Jill Turner X Title:Quarterly Financial Report Dated December 31, 1998 SynopsiS : Accompanying is the financial report for the six months ended December 31, 1998 for the City of Ashland. It does not include the activities of the Parks and Recreation Commission,which will be presented separately to that commission. Unaudited, detailed Balance Sheets, Revenue, and Expenditure reports are available for your review in the Finance office. As you will note on page 1, the overall cash and investment position of the city has increased $1.9 million. The large cash gains are in the Wastewater($1,542,000) and Parks and Recreation ($629,000) funds. Twenty seven percent of the total cash of the City is in the waste water fund alone, this will decrease with the construction of the Wastewater treatment plant. Another 20 percent ($4.7 million) of total portfolio is under the direction of the Parks and Recreation Commission. More City dollars are invested with the Local Government Investment Pool than a year ago, indicating tightening of the interest spread between the Pool and Agency paper, and Treasury Notes and Bills. Pages 2 through 25 are the Statement of Resources and Expenditures for the six months ended December 31, 1998. The statements are prepared on the budgetary basis of accounting. Expenditures are listed in the same classification as the adopted budget, therefore showing budget compliance. Department heads will need to manage budget compliance very closely for the next six months. GENERAL FUND Budget Compliance Total expenditures are at 52% of the total budget, this compares to 47% of budget at the same time last year. Although many departments or divisions have used more than 50%of their budget the Police, Fire and Rescue, Municipal Court and Building Division are at risk of going over their budgets and needing additional appropriations. Human Resources, Economic and Cultural Development, City Band, Miscellaneous and Debt Services Divisions are over the 50% mark, but because their expenditures are higher in the first six months of the fiscal year, they are projected to be within their overall budget at year end. Budget Health- Resources are at 69%of budget compared to 64% at this times last year. Actual revenues, which does not include carryover,have increased 3.95% over the same six months last year. The General fund balance is $90,000 above last December 31, 1997. 0 STREET FUND Expenditures for Personal Services and Materials and Services are at 51.94% and 53.23% of Budget respectively. With January's snowy weather, these percentages in personal services have worsened. Actual revenues, which does not include carryover have increased .3% or$2,507 over the same six months last year. The Street fund balance is $369,000 below last December 31, 1997. Contributing to this decline is the Sherman Street project which was $55,000 over estimates. AMBULANCE FUND Ambulance activity has been above the projected budget, although the number of runs has leveled off. Charges for services are at 57% of Budget, while both Personal Services costs and Materials and services are within Budget. The fund balance has increase $119,000 over last year. WATER FUND Operations Water charges for services have increase $213,000 over the same time period last year. The summer of 1998 was very dry and hot, while the previous year was cooler than normal. Water rates were equal for this time period. The Crowson Reservoir roof replacement project has been delayed until fall. Conservation The Conservation Division is at risk at going over budget. ELECTRIC FUND The City continues to purchase and sell more electricity than was estimated. This is primarily due to the hot summer and cold winter. An appropriation will be needed to cover costs associated with additional purchased power. CENTRAL SERVICES FUND Budget Compliance Total expenditures are at 50%of the total budget,this compares to 51.5%of budget at the same time last year. Although many departments or division have used more than 50% of their budget the Administration Budget is at risk of going over their budget and needing additional appropriations. The Computer Services Divisions is over the 50% mark, but because their expenditure are higher in the first six months of the fiscal year they are projected to be within their overall budget at year end. Recommendation: Staff recommends acceptance of the financial report as presented. FAAcctg\FinanciaL Statementskommentary 12.98.wpd City of Ashland Financial Report For the six months ended December 31 , 1998 Sou`NO ORE A i N,, RS r� V. ramous for `uthi Water' fO < z \ W 1 Y t � a ,a E G City of Ashland Schedule of Cash and Investments December 31, 1997 and 1998 Increase December 31, % December 31, % (Decrease) 1997 Held 1998 Held Over 1997 General Fund ),) $ 1,546,320.05 7.11% $ 1,914,737.44 8.080/o $ 368,417.39 Community Block Grant Fund (41,592.86) -0.19% (192,348.07) -0.81% (150,755.21) Street Fund 583,469.54 2.68% 160,824.72 0.68% (422,644.82) Airport Fund 37,806.96 0.17% 33,105.57 0.14% (4,701.39) Capital Improvements Fund 921,563.72 4.24% 563,206.09 2.38% (358,357.63) Bancroft Bond Fund 122,706.24 0.56% 215,006.55 0.91% 92,300.31 General Bond Fund 321,234.60 1.48% 455,432.65 1.92% 134,198.05 Debt Service Fund 175,059.73 0.81% 259,416.39 1.10% 84,356.66 Ambulance Fund 19,266.10 0.09% 133,128.70 0.56% 113,862.60 Water Fund 2,417,595.35 11.12% 2,936,247.42 12.40% 518,652.07 Wastewater Fund 4,954,915.54 22.79% 6,497,094.97 27.43% 1,542,179.43 Electric Fund 1,525,364.88 7.01% 1,210,042.27 5.11% (315,322.61) Telecommunications Division 0.00% (220,885.03) -0.93% (220,885.03) Central Service Fund 224,239.10 1.03% 248,997.32 1.05% 24,758.22 Insurance Services Fund 1,664,275.45 7.65% 1,485,417.20 6.27% (178,858.25) Equipment Fund 1,858,899.65 8.55% 2,010,415.17 8.49% 151,515.52 Cemetery Trust Fund 642,007.31 2.95% 652,309.31 2.75% 10,302.00 Total City Component 16,973,131.36 78.06% 18,362,148.67 77.53% 1,389,017.31 Ski Ashland Agency Fund 723,527.00 3.33% 644,017.00 2.72% (79,510.00) Parks& Recreation Component 4,048,087.40 18.62% 4,677,138.93 19.75% 629,051.53 Total Component Units 4,771,614.40 21.94% 5,321,155.93 22.47% 549,541.53 Total Cash & Investments $ 21,744,745.76 100.00% $ 23,683,304.60 100.00% $ 1,938,558.84 Petty Cash $ 965.00 0.00% $ 1,015.00 0.00% $ 50.00 General Banking Accounts 379,277.57 1.74% 175,688.84 0.74% (203,588.73) Investments 0.00 Local Government Investment Pool 10,111,347.42 46.50% 16,407,985.28 69.28% 6,296,637.86 US Treasury Bills & Notes 836,172.61 3.85% 0.00% (836,172.61) Certificates of Deposit 0.00 Bankers Acceptances 487,034.55 2.24% 398,857.94 1.68% (88,176.61) State& Local Instruments 0.00 US Government Agency Instruments 9,929,948.61 45.67% 6,699,757.54 28.29% (3,230,191.07) Total Cash & Investments $ 21,744,745.76 100.00% $ 23,683,304.60 100.00% 1,938,558.84 (,) December 31, 1997 cash balance restated to include the Cemetery Fund ($221,122.27) and Band Fund ($85,497.27) cash balances for comparative purposes. City of Ashland Statement of Resources and Expenditures (Budgetary Basis) For the six months ended December 31, 1997 and 1998 GENERALFUND .(Resources and Expenditures include Cemetery and Band for Comparison purposes) 12/3111997 12/31/1998 BUDGET VARIANCE % RESOURCES Working Capital Carryover 809,606 1,147,196 920,000 (227,196) 124.70% Taxes 3,204,019 3,346,451 5,187,000 1,840,549 64.52% Licenses and Permits 247,566 220,064 407,000 186,936 54.07% Intergovernmental Revenue 123,129 140,259 375,000 234,741 37.40% Charges for Services 213,431 275,607 526,000 250,393 52.40% Fines and Forfietures 104,172 82,751 203,000 120,249 40.76% Interest on Investments 18,533 49,260 59,000 9,740 83.49% Miscellaneous Revenues 35,467 42,146 67,000 24,854 62.90% Operating Transfers In 40,000 374,684 389,000 14,316 96.32% TOTALS 4,795,923 5,678,418 8,133,000 2,460,709 69.74% EXPENDITURES Human Resources 50,895 52,890 88,000 35,110 60.10% Economic&Culteral Development 123,675 136,100 260,000 123,900 52.35% Band 27,001 29,047 50,000 20,953 58.09% Miscellaneous 15,446 47,222 100,000 52,778 47.22% Debt Service 75,639 75,102 76,000 898 98.82% Operating Transfers Out 3,000 500 1,000 500 50.00% Operating Contingency 0 0 200,500 200,500 0.00% Police 1,247,656 1,346,030 2,607,000 1,260,970 51.63% Municipal Court 105,562 108,579 205,000 96,421 52.97% Communications 484,465 449,338 695,000 245,662 64.65% Fire& Rescue 1,012,720 1,093,435 2,055,000 961,565 53.21% Cemetery 117,688 125,248 289,000 163,752 43.34% Senior Program 61,792 59,553 131,000 71,447 45.46% Planning Division 250,613 282,880 582,500 299,620 48.56% Building Division 178,949 208,143 378,000 169,857 55.06% TOTALS EXPENDITURES 3,455,101 4,014,067 7,718,000 3,703,933 52.01% ENDING FUND BALANCE 1,558,250 1,664,351 449,000 (1,215,351) 370.68% 2 City of Ashland Statement of Resources and Expenditures (Budgetary Basis) For the six months ended December 31, 1997 and 1998 GENERALFUND 12131/1997 12131/1998 BUDGET VARIANCE % EXPENDITURES HUMAN RESOURCES Materials and Services 50,895 52,890 88,000 35,110 60.10% TOTALS 50,895 52,890 88,000 35,110 60.10% ECONOMIC DEVELOPMENT Materials and Services 123,675 136,100 260,000 123,900 52.35% TOTALS 123,675 136,100 260,000 123,900 52.35% BAND`(prior year restated for comparison) Personal Services 1,687 2,036 5,000 2,964 40.72% Materials and Services 25,314 27,011 45,000 17,989 60.02% TOTALS 27,001 29,047 50,000 20,953 58.09% MISCELLANEOUS Materials and Services 15,446 47,222 100,000 52,778 47.22% Debt Service 75,639 75,102 - 76,000 898 98.82% Operating Transfers Out 3,000 500 1,000 500 50.00% Operating Contingency 0 0 200,500 200,500 0.00% TOTALS 94,085 122,824 377,500 254,676 32.54% POLICE Personal Services 927,998 998,434 1,948,000 949,566 51.25% Materials and Services 317,418 329,682 628,000 298,318 52.50% Capital Outlay, 2,240 17,914 31,000 13,086 57.79% TOTALS 1,247,656 1,346,030 2,607,000 1,260,970 51.63% MUNICIPAL COURT Personal Services 67,488 71,328 140,000 68,672 50.95% Materials and Services 27,200 37,251 65,000 27,749 57.31% Capital Outlay 10,874 TOTALS 105,562 108,579 205,000 96,421 52.97% COMMUNICATIONS Personal Services 149,584 141,323 350,000 208,677 40.38% Materials and Services 33,953 43,536 80,000 36,464 54.42% Capital Outlay 628 264,479 265,000 521 99.80% TOTALS 184,465 449,338 695,000 245,662 64.65% FIRE Personal Services 791,112 884,850 1,673,000 788,150 52.89% Materials and Services 206,846 206,245 374,000 167,755 55.15% Capital Outlay 14,752 2,340 8,000 5,660 29.25% TOTALS 1,012,720 1,093,435 2,055,000 961,565 53.21% CEMETERY '(prior year restated for comparison Personal Services 49,674 40,043 101,000 60,957 39.65% Materials and Services 68,014 70,893 148,000 77,107 47.90% Capital Outlay 0 14,312 40,000 25,688 35.78% TOTALS 117,688 125,248 289,000 163,752 43.34% 3 City of Ashland Statement of Resources and Expenditures (Budgetary Basis) For the six months ended December 31, 1997 and 1998 GENERALFUND 12/31/1997 12/31/1998 BUDGET VARIANCE % SENIOR PROGRAM Personal Services 47,608 47,364 101,000 53,636 46.90% Materials and Services 14,164 12,189 30,000 17,811 40.63% Capital Outlay 20 0 0 0 TOTALS 61,792 59,553 131,000 71,447 45.46% PLANNING DIVISION Personal Services 155,933 173,268 340,000 166,732 50.96% Materials and Services 94,680 109,612 242,500 132,888 45.20% TOTALS 250,613 282,880 582,500 299,620 48.56% BUILDING DIVISION Personal Services 117,410 136,420 273,000 136,580 49.97% Materials and Services 61,539 71,723 105,000 33,277 68.31% TOTALS 178,949 208,143 378,000 169,857 55.06% TOTALS EXPENDITURES 3,455,101 4,014,067 7,718,000 3,703,933 52.01% ENDING FUND BALANCE 1,558,250 1,664,351 449,000 (1,215,351) 39957.00% 4 City of Ashland Statement of Resources and Expenditures (Budgetary Basis) For the six months ended December 31, 1997 and 1998 CEMETERY FUND `(Resources and Expenditures included in General Fund for Comparison purposes) 12/31/1997 12/31/1998 BUDGET VARIANCE % RESOURCES Working Capital Carryover 109,317 233,923 234,000 77 99.97% TOTALS 109,317 233,923 234,000 77 99.97% EXPENDITURES Operating Transfers Out 500 233,923 234,000 77 99.97% TOTALS 500 233,923 234,000 77 99.97% ENDING FUND BALANCE 0 0 0 5 City of Ashland Statement of Resources and Expenditures (Budgetary Basis) For the six months ended December 31, 1997 and 1998 BAND FUND '(Resources and Expenditures included in General Fund for Comparison purposes) 12/31/1997 12/31/1998 BUDGET VARIANCE % RESOURCES Working Capital Carryover 73,887 99,743 100,000 257 99.74% TOTALS 99,743 100,000 257 99.74% EXPENDITURES Materials and Services 0 0 0 Operating Transfers Out 99,743 100,000 257 99.74% TOTALS 99,743 100,000 257 100.74% ENDING FUND BALANCE 0 0 0 6 City of Ashland Statement of Resources and Expenditures (Budgetary Basis) For the six months ended December 31, 1997 and 1998 COMMUNITY BLOCK GRANT FUND 12/31/1997 12/31/1998 BUDGET VARIANCE % RESOURCES Working Capital Carryover 0 4,001 0 (4,001) ,"'."% Intergovernmental Revenue (14,275) 0 541,000 541,000 0.00% TOTALS (14,275) 4,001 541,000 536,999 0.74% EXPENDITURES Personal Services 17,258 21,960 43,000 21,040 51.07% Materials and Services 11,619 174,781 476,000 301,219 36.72% Capital Outlay 0 0 22,000 22,000 0.00% TOTALS 28,877 196,741 541,000 344,259 36.37% ENDING FUND BALANCE (43,152) (192,740) 0 192,740 7 City of Ashland Statement of Resources and Expenditures (Budgetary Basis) For the six months ended December 31, 1997 and 1998 STREET FUND 12/31/1997 12/31/1998 BUDGET VARIANCE % RESOURCES Working Capital Carryover 884,667 478,797 477,000 (1,797) 100.38% Taxes 172,615 159,776 325,000 165,224 49.16% Intergovernmental Revenue 369,933 360,276 1,156,000 795,724 31.17% Charges for Services 402,800 427,587 840,000 412,413 50.90% Interest on Investments 18,912 7,514 16,000 8,486 46.96% Miscellaneous Revenues (426) 1,188 0 (1,188) "".**% TOTALS 1,848,501 1,435,138 2,814,000 1,378,862 51.00% EXPENDITURES Personal Services 278,428 300,705 579,000 278,295 51.94% Materials and Services 534,768 550,955 1,035,000 484,045 53.23% Capital Outlay 468,102 345,107 860,000 514,893 40.13% Debt Service 1,402 1,312 3,000 1,688 43.73% Operating Transfers Out 0 40,000 80,000 40,000 50.00% Operating Contingency 0 0 157,000 157,000 0.00% TOTALS EXPENDITURES 1,282,700 1,238,079 2,714,000 1,475,921 45.62% ENDING FUND BALANCE 565,801 197,059 100,000 (97,059) 19706.00% 8 City of Ashland Statement of Resources and Expenditures (Budgetary Basis) For the six months ended December 31, 1997 and 1998 AIRPORT FUND 12/31/1997 12/31/1998 BUDGET VARIANCE % RESOURCES Working Capital Carryover 34,484 46,856 45,000 (1,856) 104.12% Charges for Services 22,661 29,974 55,000 25,026 .54.50% Interest on Investments 892 788 3,000 2,212 26.27% TOTALS 77,618 77,618 103,000 25,382 75.36% EXPENDITURES Personal Services 0 0 1,000 1,000 0.00% Materials and Services 24,230 41,392 77,000 35,608 53.76% Capital Outlay 0 5,213 0 (5,213) Operating Contingency 0 0 10,000 10,000 0.00% TOTALS EXPENDITURES 24,230 46,605 88,000 41,395 52.96% ENDING FUND BALANCE 33,807 31,013 15,000 (16,013) 20675.00% 9 City of Ashland Statement of Resources and Expenditures (Budgetary Basis) For the six months ended December 31, 1997 and 1998 CAPITAL IMPROVEMENTS FUND 12/31/1997 12131/1998 BUDGET VARIANCE % RESOURCES Working Capital Carryover 1,758,067 935,363 1,120,000 184,637 83.51% Taxes 143,903 169,961 272,000 102,039 62.49% Charges for Services 85,542 133,292 235,000 101,708 56.72% Assessment Payments 2,716 26,731 200,000 173,269 13.37% Interest on Investments 32,398 17,308 85,000 67,692 20.36% Miscellaneous Revenues 36,316 17,017 48,000 30,983 35.45% Other Financing Sources 0 0 800,000 800,000 0.00% Operating Transfers In 0 381,500 763,000 381,500 50.00% TOTALS 1,681,172 1,681,172 3,523,000 1,841,828 47.72% EXPENDITURES Personal Services 0 0 1,000 1,000 0.00% Materials and Services 41,271 33,746 81,000 47,254 41.66% Capital Outlay 817,137 717,893 2,451,000 1,733,107 29.29% Operating Transfers Out 262,000 305,000 335,000 30,000 91.04% Operating Contingency 0 0 200,000 200,000 0.00% TOTALS EXPENDITURES 1,120,408 1,056,639 3,068,000 2,011,361 34.44% ENDING FUND BALANCE 938,534 624,533 455,000 (169,533) 13726.00% 10 City of Ashland Statement of Resources and Expenditures (Budgetary Basis) For the six months ended December 31, 1997 and 1998 BANCROFT BOND FUND 12131/1997 12/31/1998 BUDGET VARIANCE % RESOURCES Working Capital Carryover 381,623 113,195 99,000 (14,195) 114.34% Assessment Payments 145,277 190,645 317,000 126,355 60.14% Interest on Investments 6,986 4,036 4,000 (36) 100.90% TOTALS 533,886 307,876 420,000 112,124 73.30% EXPENDITURES Debt Service 370,727 72,869 274,000 201,131 26.59% Operating Transfers Out 40,000 20,000 40,000 20,000 50.00% TOTALS EXPENDITURES 410,727 92,869 314,000 221,131 29.58% ENDING FUND BALANCE 123,159 215,007 106,000 (109,007) 20284.00% 11 City of Ashland Statement of Resources and Expenditures (Budgetary Basis) For the six months ended December 31, 1997 and 1998 GENERAL BOND FUND 12/31/1997 12/31/1998 BUDGET VARIANCE % RESOURCES Working Capital Carryover 272,919 321,431 311,000 (10,431) 103.35% Taxes 172,983 181,239 207,000 25,761 87.56% Interest on Investments 5,529 11,246 18,000 6,754 62.48% Operating Transfers In 162,000 255,000 255,000 0 100.00% TOTALS 768,916 768,916 791,000 22,084 97.21% EXPENDITURES Debt Service 295,059 316,643 505,000 188,357 62.70% TOTALS EXPENDITURES 295,059 316,643 505,000 188,357 62.70% ENDING FUND BALANCE 318,372 452,273 286,000 (166,273) 15814.00% 12 City of Ashland Statement of Resources and Expenditures (Budgetary Basis) For the six months ended December 31, 1997 and 1998 DEBT SERVICE FUND 12/31/1997 12/31/1998 BUDGET VARIANCE % RESOURCES Working Capital Carryover 47,712 86,360 83,000 (3,360) 104.05% Charges for Services 18,091 18,091 37,000 18,909 48.89% Interest on Investments 5,954 8,822 4,000 (4,822) 220.55% Miscellaneous Revenues 0 25,115 9,000 (16,115) 279.06% Operating Transfers In 265,000 305,000 305,000 0 100.00% TOTALS 336,757 443,388 438,000 (5,388) 101.23% EXPENDITURES Debt Service 161,698 183,971 431,000 247,029 42.68% TOTALS EXPENDITURES 161,698 183,971 431,000 247,029 42.68% ENDING FUND BALANCE 175,059 259,417 7,000 (252,417) 370596.00% 13 City of Ashland Statement of Resources and Expenditures (Budgetary Basis) For the six months ended December 31, 1997 and 1998 AMBULANCE FUND 12/3111997 12131/1998 BUDGET VARIANCE % RESOURCES Working Capital Carryover 377,617 198,926 185,000 (13,926) 107.53% Charges for Services 340,999 396,599 690,000 293,401 57.48% Interest on Investments 1,345 1,789 2,000 211 89.45% Miscellaneous Revenues 0 870 0 (870) TOTALS 719,961 598,184 877,000 278,816 68.21% EXPENDITURES Personal Services 98,866 73,418 181,000 107,582 40.56% Materials and Services 174,442 234,412 477,000 242,588 49.14% Capital Outlay 11,665 0 31,000 31,000 0.00% Debt Service 271,827 0 0 0 Operating Transfers Out 0 7,500 15,000 7,500 50.00% Operating Contingency 0 0 48,000 48,000 0.00% TOTALS EXPENDITURES 556,797 315,330 752,000 436,670 41.93% ENDING FUND BALANCE 163,164 282,854 125,000 (157,854) 22628.00% 14 City of Ashland Statement of Resources and Expenditures (Budgetary Basis) For the six months ended December 31, 1997 and 1998 WATER FUND 12/31/1997 12/31/1998 BUDGET VARIANCE % RESOURCES Working Capital Carryover 2,541,474 2,973,162 3,222,000 248,838 92.28% Charges for Services 1,699,359 1,912,508 2,932,000 1,019,492 65.23% Interest on Investments 72,586 73,217 182,000 108,783 40.23% Miscellaneous Revenues 176 15,676 25,000 9,324 62.70% TOTALS 4,313,595 4,974,563 6,361,000 1,386,437 78.20% EXPENDITURES Forest Land Management 11,339 12,410 100,000 87,590 12.41% Operations 974,043 1,100,705 3,211,000 2,110,295 34.28% Debt Service 223,918 157,307 336,000 178,693 46.82% Operating Transfers Out 162,000 255,000 255,000 0 100.00% Operating Contingency 0 0 741,000 741,000 0.00% Conservation 47,009 56,155 99,000 42,845 56.72% TOTALS EXPENDITURES 1,418,309 1,581,577 4,742,000 3,160,423 33.35% ENDING FUND BALANCE 2,895,286 3,392,986 1,619,000 (1,773,986) 209.57% 15 City of Ashland Statement of Resources and Expenditures (Budgetary Basis) For the six months ended December 31, 1997 and 1998 WATER FUND 12/31/1997 12/31/1998 BUDGET VARIANCE % EXPENDITURES FOREST INTERFACE Personal Services 3,087 4,792 5,000 208 95.84% Materials and Services 8,252 7,618 95,000 87,382 8.02% TOTALS 11,339 12,410 100,000 87,590 12.41% OPERATIONS Personal Services 368,134 362,876 760,000 397,124 47.75% Materials and Services 476,745 556,177 1,072,000 515,823 51.88% Capital Outlay 129,164 181,652 1,379,000 1,197,348 13.17% Debt Service 223,918 157,307 336,000 178,693 46.82% Operating Transfers Out 162,000 255,000 255,000 0 100.00% Operating Contingency 0 0 741,000 741,000 0.00% TOTALS 1,359,961 1,513,012 4,543,000 3,029,988 33.30% CONSERVATION Personal Services 24,529 27,772 53,000 25,228 52.40% Materials and Services 22,480 28,383 46,000 17,617 61.70% TOTALS 47,009 56,155 99,000 42,845 56.72% TOTALS EXPENDITURES 1,418,309 1,581,577 4,742,000 3,160,423 33.35% ENDING FUND BALANCE 2,895,286 3,392,986 1,619,000 (1,773,986) 20957.00% 16 City of Ashland Statement of Resources and Expenditures (Budgetary Basis) For the six months ended December 31, 1997 and 1998 WASTEWATER FUND 12/31/1997 12/3111998 BUDGET VARIANCE % RESOURCES Working Capital Carryover 4,649,974 6,605,290 5,944,000 (661,290) 111.13% Taxes 573,874 603,416 1,015,000 411,584 59.45% Intergovernmental Revenue 0 0 742,000 742,000 0.00% Charges for Services 1,193,010 1,313,718 2,465,000 1,151,282 53.29% Interest on Investments 118,358 128,996 339,000 210,004 38.05% Miscellaneous Revenues 0 13,585 0 (13,585) Other Financing Sources 0 3,387,009 8,000,000 4,612,991 42.34% TOTALS 6,535,216 12,052,014 18,505,000 6,452,986 65.13% EXPENDITURES OPERATIONS Flood Restoration 1,450,048 0 0 0 Personal Services 240,267 238,906 507,000 268,094 47.12% Materials and Services 421,074 469,652 968,000 498,348 48.52% Capital Outlay 429,867 2,705,771 10,220,000 7,514,229 26.48% Operating Transfers Out 0 67,500 135,000 67,500 50.00% Operating Contingency 0 0 1,750,000 1,750,000 0.00% TOTALS EXPENDITURES 2,541,256 3,481,829 13,580,000 10,098,171 25.64% ENDING FUND BALANCE 3,993,960 8,570,185 6,064,000 (3,645,185) 17401.00% 17 City of Ashland Statement of Resources and Expenditures (Budgetary Basis) For the six months ended December 31, 1997 and 1998 ELECTRIC FUND 12/31/1997 12/31/1998 BUDGET VARIANCE % RESOURCES Working Capital Carryover 1,992,634 1,622,849 1,731,000 108,151 93.75% Intergovernmental Revenue 224,926 59,323 74,000 14,677 80.17% Charges for Services 3,831,747 3,709,156 7,448,000 3,738,844 49.80% Interest on Investments 39,686 27,759 98,000 70,241 28.33% Miscellaneous Revenues 11,703 32,527 89,000 56,473 36.55% Bond Sale Preceeds 0 0 3,554,000 3,554,000 0.00% TOTALS 6,100,696 5,451,614 12,994,000 7,542,386 41.95% EXPENDITURES Conservation 289,353 183,102 383,000 199,898 47.81% Operations 3,857,230 3,786,133 7,151,000 3,364,867 52.95% Debt Service 0 50,000 50,000 0 100.00% Operating Transfers Out 0 116,500 233,000 116,500 50.00% Operating Contingency 0 0 500,000 500,000 0.00% Telecommunications 0 222,804 3,570,000 3,347,196 6.24% TOTALS EXPENDITURES 4,146,583 4,358,539 11,887,000 7,528,461 36.67% ENDING FUND BALANCE 1,954,113 1,093,075 1,107,000 13,925 9874.00% 18 City of Ashland Statement of Resources and Expenditures (Budgetary Basis) For the six months ended December 31, 1997 and 1998 ELECTRIC FUND 12/31/1997 12/31/1998 BUDGET VARIANCE % EXPENDITURES CONSERVATION Personal Services 58,935 45,280 96,000 50,720 47.17% Materials and Services 230,168 137,822 287,000 149,178 48.02% Captial Outlay 250 TOTALS 289,353 183,102 383,000 199,898 47.81% OPERATIONS Personal Services 555,145 459,491 899,000 439,509 51.11% Materials and Services 2,935,448 3,134,153 5,764,000 2,629,847 54.37% Capital Outlay 366,637 192,489 488,000 295,511 39.44% Debt Service 0 50,000 50,000 0 100.00% Operating Transfers Out 0 116,500 233,000 116,500 50.00% Operating Contingency 0 0 500,000 500,000 0.00% TOTALS 3,857,230 3,952,633 7,934,000 3,981,367 49.82% TELECOMMUNICATIONS Personal Services 0 142,632 326,000 183,368 43.75% Materials and Services 0 70,617 441,000 370,383 16.01% Capital Outlay 0 9,555 2,803,000 2,793,445 0.34% TOTALS 0 222,804 3,570,000 3,347,196 6.24% TOTALS EXPENDITURES 4,146,583 4,358,539 11,887,000 7,528,461 .36.67% ENDING FUND BALANCE 1,954,113 1,093,075 1,107,000 13,925 9874.00% 19 City of Ashland Statement of Resources and Expenditures (Budgetary Basis) For the six months ended December 31, 1997 and 1998 CENTRAL SERVICES FUND 12/31/1997 12/31/1998 BUDGET VARIANCE % RESOURCES Working Capital Carryover 159,753 117,282 120,000 2,718 97.73% Charges for Services 1,307,835 1,486,587 2,878,000 1,391,413 51.65% Interest on Investments 6,401 4,640 10,000 5,360 46.40% Miscellaneous Revenues 201 1,593 0 (1,593) "**.**% TOTALS 1,474,190 1,610,102 3,008,000 1,397,898 53.53% EXPENDITURES Administration 368,526 392,667 706,000 313,333 55.62% Finance 574,027 455,831 917,000 461,169 49.71% Operating Contingency 0 0 46,000 46,000 0.00% City Recorder 53,696 57,099 117,000 59,901 48.80% Public Works 278,012 351,321 783,000 431,679 44.87% Computer Services 179,547 248,506 439,000 190,494 56.61% TOTALS EXPENDITURES 1,453,808 1,505,424 3,008,000 1,502,576 50.05% ENDING FUND BALANCE 20,382 104,678 0 (104,678) 20 City of Ashland Statement of Resources and Expenditures (Budgetary Basis) For the six months ended December 31, 1997 and 1998 CENTRAL SERVICES FUND 12/31/1997 12/31/1998 BUDGET VARIANCE % EXPENDITURES ADMINISTRATION Personal Services 265,402 286,809 546,000 259,191 52.53% Materials and Services 103,124 105,858 160,000 54,142 66.16% TOTALS 368,526 392,667 706,000 313,333 55.62% FINANCE Personal Services 329,420 282,888 622,000 339,112 45.48% Materials and Services 141,893 172,943 291,000 118,057 59.43% Capital Outlay 102,714 0 4,000 4,000 0.00% Operating Contingency 0 0 46,000 46,000 0.00% TOTALS 574,027 455,831 963,000 507,169 47.33% CITY RECORDER Personal Services 47,328 51,795 98,000 46,205 52.85% Materials and Services 6,368 5,304 19,000 13,696 27.92% TOTALS 53,696 57,099 117,000 59,901 48.80% PUBLIC WORKS Personal Services 231,325 298,525 663,000 364,475 45.03% Materials and Services 41,687 47,165 95,000 47,835 49.65% Capital Outlay 5,000 5,631 25,000 19,369 22.52% TOTALS 278,012 351,321 783,000 431,679 44.87% COMPUTER SERVICES Personal Services 74,090 83,007 177,000 93,993 46.90% Materials and Services 64,447 111,716 197,000 85,284 56.71% Capital Outlay 41,010 53,783 65,000 11,217 82.74% TOTALS 179,547 248,506 439,000 190,494 56.61% TOTALS EXPENDITURES 1,453,808 1,505,424 3,008,000 1,502,576 50.05% ENDING FUND BALANCE 20,382 104,678 0 (104,678) 21 City of Ashland Statement of Resources and Expenditures (Budgetary Basis) For the six months ended December 31, 1997 and 1998 INSURANCE SERVICES FUND 12/31/1997 12/31/1998 BUDGET VARIANCE % RESOURCES Working Capital Carryover 1,192,050 952,593 1,135,000 182,407 83.93% Charges for Services 228,548 222,246 360,000 137,754 61.73% Interest on Investments 32,169 18,381 80,000 61,619 22.98% Miscellaneous Revenues 11,974 48,074 20,000 (28,074) 240.37% TOTALS 1,464,743 1,241,294 1,595,000 353,706 77.82% EXPENDITURES Personal Services 6,047 5,709 15,000 9,291 38.06% Materials and Services 215,115 282,254 555,000 272,746 50.86% Operating Transfers Out 0 150,000 300,000 150,000 50.00% Operating Contingency 0 0 300,000 300,000 0.00% TOTALS EXPENDITURES 221,162 437,963 1,170,000 732,037 37.43% ENDING FUND BALANCE 1,243,581 803,331 425,000 (378,331) 18902.00% 22 City of Ashland Statement of Resources and Expenditures (Budgetary Basis) For the six months ended December 31, 1997 and 1998 EQUIPMENT FUND 12/31/1997 12/31/1998 BUDGET VARIANCE % RESOURCES Working Capital Carryover 1,667,713 2,030,508 1,832,000 (198,508) 110.84% Charges for Services 531,824 690,788 1,302,000 611,212 53.06% Interest on Investments 42,432 50,554 75,000 24,446 67.41% Miscellaneous Revenues 7,519 25,933 20,000 (5,933) 129.67% TOTALS 2,249,488 2,797,783 3,229,000 431,217 86.65% EXPENDITURES Personal Services 80,272 116,509 291,000 174,491 40.04% Materials and Services 209,904 234,643 496,000 261,357 47.31% Capital Outlay 101,152 480,707 1,505,000 1,024,293 31.94% Operating Contingency 0 0 123,000 123,000 0.00% TOTALS EXPENDITURES 391,328 831,859 2,415,000 1,583,141 34.45% ENDING FUND BALANCE 1,858,160 1,965,924 814,000 (1,151,924) 24151.00% 23 City of Ashland Statement of Resources and Expenditures (Budgetary Basis) For the six months ended December 31, 1997 and 1998 CEMETERY TRUST FUND 12/31/1997 12/31/1998 BUDGET VARIANCE % RESOURCES Working Capital Carryover 635,506 651,276 650,000 (1,276) 100.20% Charges for Services 7,131 6,790 13,000 6,210 52.23% Interest on Investments 16,026 14,760 41,000 26,240 36.00% Operating Transfers In 500 500 1,000 500 50.00% TOTALS 659,163 673,326 705,000 31,674 95.51% EXPENDITURES Operating Transfers Out 17,716 21,017 41,000 19,983 51.26% TOTALS EXPENDITURES 17,716 21,017 41,000 19,983 51.26% ENDING FUND BALANCE 641,447 652,309 664,000 11,691 9824.00% 24 City of Ashland Statement of Resources and Expenditures (Budgetary Basis) For the six months ended December 31, 1997 and 1998 SUMMARY OF FUNDS 12/31/1997 12/31/1998 BUDGET VARIANCE % RESOURCES Working Capital Carryover 17,588,963 18,618,751 18,208,000 410,751 102.26% Taxes 4,267,394 4,460,843 7,006,000 (2,545,157) 63.67% Licenses and Permits 247,566 220,064 407,000 (186,936) 54.07% Intergovernmental Revenue 703,713 559,858 2,888,000 (2,328,142) 19.39% Charges for Services 9,900,026 10,622,943 19,781,000 (9,158,057) 53.70% Fines and Forfietures 104,172 82,751 203,000 (120,249) 40.76% Assessment Payments 147,993 217,376 517,000 (299,624) 42.05% Interest on Investments 418,207 419,070 1,016,000 (596,930) 41.25% Miscellaneous Revenues 102,756 223,724 278,000 (54,276) 80.48% Other Financing Sources 0 3,387,009 12,354,000 (8,966,991) 27.42% Operating Transfers In 485,216 1,316,684 1,713,000 (396,316) 76.86% TOTALS 33,966,006 40,129,073 64,371,000 (24,241,927) 62.34% EXPENDITURES Personal Services 4,987,027 5,298,140 10,794,000 5,495,860 49.08% Materials and Services 7,123,263 7,544,945 14,797,500 7,252,555 50.99% Capital Outlay 3,530,486 4,996,846 20,197,000 15,200,154 24.74% Debt Service 1,400,267 857,204 1,675,000 817,796 51.18% Operating Transfers Out 485,216 1,316,683 1,769,000 452,317 74.43% Operating Contingency 0 0 4,075,500 4,075,500 0.00% TOTALS EXPENDITURES 17,526,259 20,013,818 53,308,000 33,294,182 37.54% ENDING FUND BALANCE 16,439,747 20,115,255 11,063,000 (9,052,255) 18177.00% 25 City Council Communication City Recorder's Office Liquor License Approval March 2, 1999 Submitted by: '" Barbara Christensen Approved by: Mike Freeman Me` Title: Liquor License Application from Gerald Allen dba/Oak Tree Northwest. Synopsis: Approval of Oregon Liquor License change in location as provided by OLCC. Recommendation: The City Recorder recommends approval of request for change in location 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: This is a change in location from 2365 Hwy 66, Ashland (former residence of Oak Tree Restaurant& Lounge)to 2510 Highway 66 (former residence of Copper Skillet). The current request is completely separate from the liquor license which was recently approved on February 2nd for the new owners of the business Wild Goose Cafe and Bar located at 2365 Hwy 66, formerly known as Oak Tree Restaurant & Lounge. Council Communication Department of Community Development Planning Division March 2, 1999 Submitted by: Bill Molnar%V- Approved by: Mike Free Title: A motion to adopt the findings for the approval of Planning Action 99-006, "Neuman" Annexation (Applicant: Doug Neuman), adjacent to the Washington Street extension, east of Jefferson Avenue and north of the railroad tracks. Synopsis: On February 2, the City Council conducted a hearing on Planning Action 99-006, regarding Annexation of an approximately seven acre parcel. The findings for approval have been prepared by the Planning Staff and are submitted for adoption. Recommendation: We recommend adoption of the proposed findings. BEFORE THE ASHLAND CITY COUNCIL JACKSON COUNTY, OREGON February 2, 1999 IN THE MATTER OF PLANNING ACTION #99-006, A REQUEST FOR ) ANNEXATION OF THE PROPERTY LOCATED EAST OF JEFFERSON ) FINDINGS, AVENUE AND NORTH OF THE RAILROAD TRACKS, WITH FRONTAGE ) CONCLUSIONS ALONG WASHINGTON STREET. THE PROPERTY CONSISTS OF ) AND ORDERS APPROXIMATELY SEVEN ACRES. ) APPLICANT: DOUG NEUMAN ) ----------------------------------------------------------------------------------------------------------- RECITALS: 1) Tax lot 2400 of 391E 14A is located east of Jefferson Avenue and north of the railroad tracks, with frontage along Washington Street at and is proposed to be zoned M-I (Industrial)and E-1 (Employment). 2) The proposal involves a request for Annexation of an approximately seven acre parcel. The tentative plat, site improvements and building elevations associated with the Planning Commission's approval of a Site Review and Partition request are on file at the Department of Community Development. 3) The criteria for approval for Annexation are described in section 18.106 as follows: An annexation may be approved if the proposed request for annexation conforms,or can be made to conform through the imposition of conditions, with the following approval criteria: A. The land is within the City's Urban Growth Boundary. B. The proposed zoning for the annexed area is in conformance with the designation indicated on the Comprehensive Plan Map, and the project, if proposed concurrently with the annexation, is an allowed use within the proposed zoning. C. The land is currently contiguous with the present City limits. D. Adequate City facilities for the provision of water to the site as determined by the Public Works Department;the transport of sewage from the site to the waste water treatment plant as determined by the Public Works Department;the provision of electricity to the site as determined by the Electric Department; urban storm drainage as determined by the Public Works Department can and will be provided to and through the subject property. Unless the City has declared a moratorium based upon a shortage of water, sewer,or electricity,it is recognized that adequate capacity exists system-wide for these facilities. E. Adequate transportation can and will be provided to and through the subject property. For the purposes of this section "adequate transportation" for annexations consists of vehicular, bicycle, pedestrian and transit transportation meeting the following standards: 1. For vehicular transportation a 20' wide paved access exists, or can and will be constructed, along the full frontage of the project site to the nearest fully improved collector or arterial street. All streets adjacent to the annexed area shall be improved, at a minimum, to a half- street standard with a minimum 20'driving surface.The City may,after assessing the impact of the development,require the full improvement of streets adjacent to the annexed area. All streets located within annexed areas shall be fully improved to city standards. Where future street dedications are indicated on the City's Street Dedication Map or required by the City, provisions shall be made for the dedication and improvement of these streets and included with the application for annexation. 2. For bicycle transportation safe and accessible bicycle facilities exist, or can and will be constructed. Should the annexation be adjacent to an arterial street, bike lanes shall be provided on or adjacent to the arterial street. Likely bicycle destinations from the project site shall be determined and safe and accessible bicycle facilities serving those destinations shall be indicated. 3. For pedestrian transportation safe and accessible pedestrian facilities exist, or can and will be constructed. Full sidewalk improvements shall be provided on one side adjacent to the annexation for all streets adjacent to the proposed annexed area. Sidewalks shall be provided as required by ordinance on all streets within the annexed area. Where the project site is within a quarter of a mile of an existing sidewalk system,the sidewalks from the project site shall be constructed to extend and connect to the existing system. Likely pedestrian destinations from the project site shall be determined and the safe and accessible pedestrian facilities serving those destinations shall be indicated. 4. For transit transportation, should transit service be available to the site, or be likely to be extended to the site in the future based on information from the local public transit provider, provisions shall be made for the construction of adequate transit facilities, such as bus shelters and bus turn-out lanes. All required transportation improvements shall be constructed and installed prior to the issuance of a certificate of occupancy for any new structures on the annexed property. F. For all residential annexations,a plan shall be provided demonstrating that the development of the entire property will ultimately occur at a minimum density of 90%of the base density for the zone, unless reductions in the total number of units is necessary to accommodate significant natural features,topography,access limitations,or similar physical constraints.The owner or owners of the property shall sign an agreement, to be recorded with the county clerk after approval of the annexation, ensuring that future development will occur in accord with the minimum density indicated in the development plan. For purposes of computing maximum density, portions of the annexed area containing undevelopable areas such as wetlands,flood plain corridor lands,or slopes greater than 35%, shall not be included. G. For all residential annexations of four units or greater 1. 25% of the proposed units shall be affordable and available to qualifying buyers or renters with incomes at or below 100% of median income; or 2. 15%of the proposed units shall be affordable and available to qualifying buyers or renters with incomes at or below 80% of median income. I The total number of affordable units required by this section shall be determined by rounding down fractional answers, determined above, to the nearest whole unit. Properties providing affordable units as part of the annexation process shall also qualify for a density bonus for development under the Performance Standards Option for subdivisions. H. One or more of the following standards are met: 1. The proposed area for annexation is to be residentially zoned, and there is less than a five- year supply of vacant and redevelopable land in the proposed land use classification within the current city limits. "Redevelopable land" means land zoned for residential use on which development has already occurred but on which, due to present or expected market forces, there exists the likelihood that existing development will be converted to more intensive residential uses during the planning period. The five-year supply shall be determined from vacant and redevelopable land inventories and by the methodology for land need projections from the Housing Element of the Comprehensive Plan; or 2. The proposed lot or lots will be zoned E-1 or C-1 under the Comprehensive Plan, and that the applicant will obtain Site Review approval for an outright permitted use, or special permitted use concurrent with the annexation request; or 3. A current or probable public health hazard exists due to lack of full City sanitary sewer or water services; or 4. Existing development in the proposed annexation has inadequate water or sanitary sewer service; or the service will become inadequate within one year; or 5. The area proposed for annexation has existing City of Ashland water or sanitary sewer service extended,connected,and in use,and a signed"consent to annexation"agreement has been filed and accepted by the City of Ashland; or 6. The lot or lots proposed for annexation are an "island" completely surrounded by lands within the city limits. (ORD 2792, 1997) 4) The City Council, following proper public notice,held a Public Hearing on February 2, 1999,at which time testimony was received and exhibits were presented. The Council approved the application subject to conditions pertaining to the appropriate development of the site. Now,therefore, the City Council of the City of Ashland finds, concludes and recommends as follows: SECTION 1. EXHIBITS For the purposes of reference to these Findings,the attached index of exhibits,data,and testimony will be used. Staff Exhibits lettered with an "S" Proponent's Exhibits, lettered with a "P" Opponent's Exhibits, lettered with an "O" Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M" SECTION 2. CONCLUSORY FINDINGS 2.1 The Council finds that it has received all information necessary to make a decision based on the Staff Report, public hearing testimony and the exhibits received. 2.2 Ashland Municipal Code Title 18, Chapter 18.106.30 provides the approval criteria for Annexation.The City Council makes the following findings with respect to the following approval criteria: A. The land is within the City's Urban Growth Boundary. The property proposed for annexation is currently located within Ashland's Urban Growth Boundary as designated on the Ashland Comprehensive Plan. B. The proposed zoning for the annexed area is in conformance with the designation indicated on the Comprehensive Plan Map, and the project, if proposed concurrently with the annexation, is an allowed use within the proposed zoning. The proposed zoning for the property,E-1 and M-1,is consistent with the designations indicated on the Ashland Comprehensive Plan, while the proposed manufacturing business is an allowable use within both districts. C. The land is currently contiguous with the present City limits. The property, with the inclusion of the railroad right-of-way, is contiguous to the existing City Limits that runs along the railroad tracks. D. Adequate City facilities for the provision of water to the site as determined by the Public Works Department;the transport of sewage from the site to the waste water treatment plant as determined by the Public Works Department; the provision of electricity to the site as determined by the Electric Department; urban storm drainage as determined by the Public Works Department can and will be provided to and through the subject property. Unless the City has declared a moratorium based upon a shortage of water, sewer, or electricity, it is recognized that adequate capacity exists system-wide for these facilities. Sewer, water and electric service will be extended to and through the project. These main lines are located approximately 1000 feet to the north, adjacent to Washington Street. The developer is required to extend the City mains up to the site and to the end of the new public street. City storm drain facilities are required to be installed in the new public street. Run-off from the new street will be directed into the drainage ditch along Washington Street,where it eventually dumps into a small creek approximately 1200 feet north of the project. The open ditch is required to be engineered and constructed in accordance with the standards of the Public Works Department. E. Adequate transportation can and will be provided to and through the subject property Street improvements are required upon annexation, with the degree of improvement (i.e. paving, curb and gutter,full improvement,etc.)based upon the street's location relative to the annexed area. In this case,Washington Street will be improved with a minimum 20 foot wide paved surface, from Highway 66 up to and along the entire frontage of the property. In addition,the approximately 1000 feet of Washington Street leading to the property has a rough surface,more consistent with a County road standard. This section will need to be paved to a width of 20 feet and overlaid with additional asphalt to create a smooth driving surface. The next level of street improvement includes streets immediately adjacent to the annexed area.This section of Washington Street will be improved to a width of 28 - 30 feet, and include curb and gutter, storm drains and sidewalks along at least one side. This would apply to the approximately 100 foot section of Washington Street abutting the property.A 25 foot wide right-of-way dedication is required along the east property line . Development cannot occur on Parcel 3 without this section of Washington Street being improved to a half street standard,including a minimum pavement width of 20 feet, curb and gutter, storm drains and sidewalks. The new public street is required to be constructed to full City standards. This would include constructing this street to a width of approximately 36 feet,with curb and gutter,urban storm drains and sidewalks. The installation of public sidewalks along the frontage of each parcel would be completed prior to issuance of a certificate of occupancy for new construction on each individual parcel.Accordingly,a public sidewalk would be installed along the entire frontage of Parcel 1 prior to issuance of a certificate of occupancy for Oak Street Tank and Steel. F. For all residential annexations,a plan shall be provided demonstrating that the development of the entire property will ultimately occur at a minimum density of 90%of the base density for the zone,unless reductions in the total number of units is necessary to accommodate significant natural features, topography, access limitations, or similar physical constraints. The owner or owners of the property shall sign an agreement,to be recorded with the county clerk after approval of the annexation,ensuring that future development will occur in accord with the minimum density indicated in the development plan. For purposes of computing maximum density, portions of the annexed area containing undevelopable areas such as wetlands, flood plain corridor lands, or slopes greater than 35%, shall not be included. This section does not apply to Annexations involving commercial and industrial lands. G. For all residential annexations of four units or greater: 1. 25%of the proposed units shall be affordable and available to qualifying buyers or renters with incomes at or below 100% of median income; or 2. 15% of the proposed units shall be affordable and available to qualifying buyers or renters with incomes at or below 80% of median income. The total number of affordable units required by this section shall be determined by rounding down fractional answers, determined above, to the nearest whole unit. Properties providing affordable units as part of the annexation process shall also qualify for a density bonus for development under the Performance Standards Option for subdivisions. This section does not apply to Annexations involving commercial and industrial lands. H. One or more of the following standards are met: 2. The proposed lot or lots will be zoned E-1 or C-I under the Comprehensive Plan,and that the applicant will obtain Site Review approval for an outright permitted use,or special permitted use concurrent with the annexation request. The proposed parcels will be zoned E-1 and M-1. At its meeting of January 12, 1999 the Planning Commission approved a Land Partition and Site Review for Parcel 1 to construct an approximately 20,000 square foot building to house"Oak Street Tank and Steel", a manufacturer of steel tanks. SECTION 3. DECISION Therefore,based on our overall conclusions, and upon the proposal being subject to each of the following conditions,the City Council we approve Planning Action# 99-006. The following are the conditions and they are attached to the approval: 1) That all proposals of the applicant be conditions of approval unless otherwise modified here. 2) That full City services, including but not limited to water and sewer mains and electric service, be extended to the project and to the west end of the proposed new public street . Engineered plans for all improvements to be approved by the Public Works Division and all services to be installed or fully bonded for in accordance with City requirements prior to adoption of the ordinance annexing the property. 3) That Washington Street be paved to City standards to a width not less than 20 feet, along the full frontage of the project site to Highway 66. Portions of Washington Street already meeting this standard,as determined and verified by the Staff Advisor are excluded from the requirements of this condition. Final design to include the location of and proposed modifications to drainage ditch (parallel to the street & within the right-of-way),as well as be engineered to accommodate existing and calculated run-off from the project.In addition,design to accommodate a level,4 foot wide gravel path along the west side of the street. 4) That the diagonal section of Washington Street (approximately 110 feet in length) adjacent to the annexed area be improved to a minimum paved width of approximately 28 - 30 feet, and include curb and gutter on both sides, storm drains and a 6 foot wide sidewalk along the frontage of the annexed property. 5) That right-of-way be dedicated,25 feet in width(including a radius at the angle point),along the entire east property line of the annexed area in order to accommodate the future extension of Washington Street. Right-of-way dedication to be indicated on the partition plat.No development to occur on Parcel 3 until this section is improved to City standards, including but not limited to a pavement width of 20 feet, curb and gutter (west side), storm drains and the installation of a six foot wide public sidewalk. 6) That an agreement be recorded on parcel 3 requiring participation in a local improvement district for the improvement of the abutting section of Washington Street to full City street standards. Agreement to be signed and recorded with the partition plat. 7) That the proposed new public street be improved to full City standards from the intersection with Washington Street to the west property line. Full street improvements to include, but not limited to, a pavement width of 36 feet,curb and gutter on both sides of the street and storm drains. A public sidewalk, a minimum of six feet in width, to be installed along the full frontage of each parcel prior to the issuance of a certificate of occupancy for development of each parcel. 8) That civil engineering for all public facilities be submitted for review and approval by the Departments of Public Works and Planning prior to recording of the partition plat. Engineered design for the new street shall intersect Washington Street along the north - south section of the street so that the intersecting is approximately 90 degrees and complies with City sight distance standards. 9) That street trees, 1 per 30 feet of street frontage, be installed along the frontage of each parcel prior to the issuance of a certificate of occupancy. Street trees to be chosen from Ashland's Street Tree List. 10) That all easements for sewer,water,electric,phone,cable and streets be indicated on the final survey plat as required by the City of Ashland. 11) That a revised site, size and species specific landscaping plan incorporating the recommendations of the Ashland Tree Commission be submitted for review prior to the issuance of a building permit for Parcel 1. Landscaping to be installed in accordance with the approved plan prior to the issuance of a certificate of occupancy. 12) That all requirements of the Ashland Fire Department be complied with prior to use of combustible materials on site and the signature of the final survey plat. All Fire department requirements,including but not limited to hydrant placement, etc. be included on the engineered construction documents for public facilities. 13) That an opportunity to recycle site be located on the site in conformance with the standards adopted under 18.72.115 prior to issuing a certificate of occupancy. 14) That covered bicycle parking to be installed prior to issuance of a certificate of occupancy. Bicycle parking/racks to be constructed and installed in accordance with the approved plan and City standards described in 18.92. Specific rack design to be submitted for review and approval at the time of building permit submission. 15) That the development be responsible for the piping of the T.I.D. line that runs along the railroad tracks with a 12 inch pipe, as well as the T.I.D. line along the east side of tax lot 2400 with a 6 inch pipe. These improvements to be completed in accordance with T.I.D. specifications and that T.I.D. be furnished with an easement along both pipelines. 16) That a sign be constructed and installed bear the intersection of Washington street and the new street in accordance with the requirements of the Ashland Public Works Department. Sign to indicate that there exists no truck turnaround or through access. 17) That all catch basins incorporate water/oil separators and specified in the proposal. Such system to be identified at the time of issuance of a building permit. DATED this day of March, 1999. Catherine M. Shaw, Mayor G ) 8 CL § ( j » of Of } o � ■ - - k � \ o n o § ) � E z f \ _ 0 0 ( m m x ( ƒ E \ ) X w LU ) o 0 0 EL > Q 0 e m m . 2 § U ) § § ( C § ) c m $ y 0 _ ) 7 { { * 2 k CL § 7 E / � / ( \ § » � � � i ® i / k ° - o ° i = / § � )OR - ■ - - 3 ! { = M' , - = = \ [ ) a k § } / ( \ ) \ ( k « { { E \ { E \\ � � k 5 - 0 c E , § 0 e ƒ » 2Qm E0 , $ ! 3 ¥; 0 _ E ƒ 2 , # ) § ; fpm 0mW , C « 4 � ) / * ` o § gs § \ § ° ' 22?< Q 3 / $ ik ± = m - �■ f - ) 2 ! * � ! � » , 3 m § f 4) � ` � @ < # - g ® w m ! i . § of / ) f ; ) a # < | E ) { ) / \ / z {) ! k / ° ) ° a & # ` - - D o ® « ` _ e ; % ) ) ) \ ! \k ) \ ( j { o Q § § g m 2 a � y& ; , 1 \ ] \ k k ) \ jk/ \ § t ) ) /) Q $ $ a- « ; ! 3 o m , EL ! 4 ; « ; 4 4 ! 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The STIP is available for public review through April 1, 1999. In October 1998, staff presented information on the development of the STIP and the Rogue Valley Area Commission on Transportation's (RVACT) recommendation to the Oregon Transportation Commission. All of the recommendations from the RVACT were included in the Draft STIP, including Ashland's modernization project on Siskiyou Boulevard from 4" Street to Walker Avenue to add bicycle lanes and improvements for alternate modes of transportation. The Siskiyou Boulevard (41 to Walker) project was included at an estimated cost of$1,785,000. Recommendation: This item is for information only, no action is necessary unless Council desires to redirect staff actions. Background Information: The ODOT Draft 2000-2003 STIP contains over$1.3 billion in project and programs for the state's infrastructure. Programs include a primary focus on the state's safety needs and is further enhanced with the pavement preservation, bridge preservation, operations, modernization, bicycle/pedestrian program, public transit, enhancement program and others. The state's funds come from a variety of sources including federal highway funds ($990 million), federal transit funds ($180 million), state transportation fees and tax receipts ($200 million), and local funding. Approximately$54 million of state gas tax dollars are programed for modernization projects. The RVACT is a regional body that helps to prioritize and recommend regional transportation projects to the Oregon Transportation Commission for final approval. Staff has been working on the Siskiyou Boulevard (4`b to Walker) section for several years to ensure it becomes a part of the regional priorities. Although the Draft STIP is just that, a draft subject to changes, ODOT is planning to take this STIP to the OTC for discussion and adoption during their April meeting. In addition to the modernization project for Siskiyou Boulevard from 4" Street to Walker Avenue programed for construction in 2002, Ashland has three other projects represented in the Draft STIP: ❑ Signal Replacement on Lithia Way (Highway 99) between 2nd and Helman Streets; Operations program, estimated at$690,000 (programmed for 2001 construction) ❑ Roadway Overlay on Siskiyou Boulevard from Valley View Road to Walker Avenue (MP 17 - 19.56 includes area outside City limits); Pavement Preservation program at an estimated cost of$1,503,000 (construction year 2001) ❑ Roadway Overlay on Siskiyou Boulevard from Walker Avenue to I-5 (MP 20.84 - 24.12 which includes area outside City limits); Pavement Preservation program at an estimated cost of$1,503,000 (construction year 2003) There.are two other projects in the STIP with indirect benefits and impacts to Ashland: ❑ Siskiyou Rest Area Replacement; Safety Program for 1999 construction at an estimated cost of$2,367,000 ❑ I-5 Thick Overlay (South Ashland to North Ashland MP 11.45 - 18.7); Pavement Preservation Program for 2001 construction at an estimated cost of$11,800,000 The STIP also includes several Rogue Valley transportation projects in various programs that are of benefit to the region. Additional project specific information can be provided as requested. Discussions with ODOT regarding their desire to have the City of Ashland take jurisdiction of all of the state's facilities within City limits is just in the beginning stages. Staff has been approached to take the portion of Siskiyou Boulevard, Lithia Way and Main Street (Highway 99) through the City limits, and the section of Ashland Street(Highway 66) from its origin to the southern City limits. The State will pay the City for the exchange and bases their costs on the average cost to maintain the road over a 20 year period, and the starting assumption is that the road is in serviceable condition. Again, these discussions have only been preliminary and staff will return to Council with a recommendation for this exchange process at a later time. FAUSEMPAULATOUNCIUCC STIP Status Mar 2 99.wpd Council Communication Legal Department Removal of House from Historic Designation March 2, 1999 Submitted by: Paul Nolte ,^n Approved by: Mike Freeman l Y j— Title: Removal of the property at 209 Almond Street from the Ashland Heritage Landmarks List Synopsis: John Javna,the owner of the property at 209 Almond Street, has requested that his property be removed from the Ashland Heritage Landmarks List. In 1995 the Oregon Legislature adopted ORS 197.772 which limits the ability of local government to designate historic properties. Specifically the statute provides that the city cannot list a property without the owner's consent and that an owner has a right to have the property removed from the list if the "historic property designation . . . was imposed on the property by the local government'."The historic designation of this property was imposed by the council in 1989. Mr. Javna has requested that his property be removed from the list so that he may move forward to demolish the house. See the attached request made by Jud Holtey, Mr. Javna's attorney. Recommendation: Staff recommends that the council adopt a motion to remove Mr. Javna's property at 209 Almond from the Ashland Heritage Landmarks List as the city has no choice but to do so under ORS 197.772. Background Information: This matter first came to the attention of the city when Mr. Javna applied for a demolition permit under AM Code § 15.04.210.E. Under this section an Ashland Heritage Landmark may not be demolished unless the council approves the demolition after a recommendation is received from 1 ORS 197.772 Consent for designation as historic property. (1)Notwithstanding any other provision of law,a local government shall allow a property owner to refuse to consent to any form of historic property designation at any point during the designation process. Such refusal to consent shall remove the property from any form of consideration for historic property designation under ORS 358.475 to 358.545 or other law except for consideration or nomination to the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966, as amended(16 U.S.C. § 470 et seq.). (2)No permit for the demolition or modification of property removed from consideration for historic property designation under subsection(1)of this section shall be issued during the 120-day period following the date of the property owner's refusal to consent. (3)A local government shall allow a property owner to remove from the property a historic property designation that was imposed on the property by the local government. I •1 • 1 1 • • • 1 • . I I 1 1 • •' • • • 11" • 1 •" I I 1 • • 1 • 1 I • I" 1 1 t r q z 61 n %��Y` sf R;IF iii" �� ` 4 �.'ebny`• ��E 'r`5 }� ^Yt �a� ��*•. �� t � � � - �7 oil 1%t 1 Ott' '. r * ��::J. W3t1�,+�-y� r+.,r y.- ,..-a. „ .fit HiSI� •;;'ny✓. v`��r..�. tom. ii! . y' i I � . Its / y'!'-�4 A' ggr���-'.Y§ � i t � .� '`aa 55 •. � _7tre 's A"V 11�Y �w'"B°,.y-�' a. t w n i '.s �� I� �•a:,. va t l 1 _^yS .1 n Y •f•` $ � 77 tit t( �Yan� { � f ,� 1., J^ "Fei 1} ° " � �` R r i a"Y�+` a� e.{is � �.,ui a i r 'a� ` R' �✓ �P\�5 tis � J �z s s � N 5G I Lombard, Knudsen & Holtey, LLP Attorneys at Law Ben "Kip" Lombard, Jr. ■ 622 Siskiyou Boulevard Kurt H. Knudsen P.O. Box 1090 Jud Holtey` Ashland, Oregon 97520 (541) 482-8491 *Also Licensed to Practice in California fax (541)488-3239 February 11, 1999 Paul Nolte City Attorney City of Ashland 20 E. Main Ashland, OR 97520 Re: Request For Removal From Historic Property Designation Dear Paul: I represent John Javna of 219 Almond in Ashland, owner of the property at 209 Almond in connection with Mr. Javna's request for a permit to demolish the older house now located on the front part of the property at 209 Almond. His application was subject to review by the Historic Commission because of the property's "historic property designation" pursuant to local ordinance 15.04.210. Mr. Javna would like to avoid the significant expense and delay involved with obtaining restoration and construction cost bids justifying demolition of the old house on the property required because of its historic designation. Therefore, pursuant to ORS 197.772(3), I now ask on Mr. Javna's behalf that the City of Ashland allow Mr. Javna to immediately remove 209 Almond from the historic property designation. This will allow Mr. Javna to move, renovate or demolish the building on the subject property by obtaining a permit without any review by the lEstoric Commission or City Council. At this point the building is so dangerous that Mr. Javna has lost his insurance coverage on the entire property (the"umbrella" portion). Thank you for your timely response to this request to me at this office. Sincerely yours, LOMBARD KNUDSEN& HOLTEY, LLP JUD HOLTEY I; JH:ls 2 cc: John Javna Council Communication Legal Department Telecommunications Franchise Agreement with AFN March 2, 1999 Submitted by: Paul Nolte Approved by: Mike Freeman Title: City of Ashland Telecommunications Franchise Agreement with Ashland Fiber Network Synopsis: The Ashland Fiber Network (AFN) Franchise is the first franchise to be issued under the city's telecommunications ordinance adopted in March 1998. This franchise will serve as the model for all other telecommunication franchises and contains all provisions necessary to implement the requirements of the telecommunications ordinance. The franchise is granted for five years, and AFN is required to pay 5% of its gross revenue for use of the city's rights of way. The telecommunications ordinance gives the city latitude in whether to require insurance and performance bonds of grantees, neither of which have been required of this grantee. Other telecommunication providers may be required to furnish such depending upon their financial background and experience. Recommendation: Staff recommends approval of the franchise agreement which may be adopted by motion of the council. Background Information: AFN submitted an application for a telecommunications franchise and by the application has proposed to offer a wide variety of voice and data transmission and video conferencing services. AFN's qualifications and plans for constructing, operating, and maintaining the network were considered and found adequate and feasible. The franchise complies with existing applicable federal and state laws and regulations, and AFN has been awarded a PUC certificate to provide the services for which the franchise is granted. franchise AFN cc.wpd City of Ashland Telecommunications Franchise Agreement Franchise agreement authorized pursuant to Ashland Municipal Code Title 16 between the City of Ashland (City) and the Ashland Fiber Network, a component of the City of Ashland by and through the Department of Electric Utilities (Grantee) and dated this day of 1999. 1 Grant of franchise. City grants to AFN, its successors and assigns, a franchise to construct, operate and maintain a telecommunications system, with all necessary.facilities in, under, and over the surface of the City's public streets. 2 Term. The term of this franchise shall be five years from the date listed above unless terminated sooner as provided in this agreement or as provided in Title 16. 3 Fee. Grantee shall pay as a franchise fee to the City, through the duration of this franchise, the greater of either: (a) the minimum annual franchise fee of $4,000; or, (b) an amount equal to five percent of the Grantee's gross revenues. Payment of the franchise fee shall be made quarterly or before April 30, July 31, October 31 and January 31 for the calendar quarters immediately preceding. Franchise fee payments not received by the City on or before the due date shall be assessed interest at the rate of one percent over the existing prime rate as set by the bank with which the City contracts for its banking services, compounded daily. Interest shall be due on the entire late payment from the date on which the payment was due until the date on which the City receives the payment. 3.1 Each payment shall be accompanied by a written report to the City, verified by an officer or other authorized representative of Grantee, containing an accurate statement in summarized form, as well as in detail, of Grantee's gross revenues and the computation basis and method. Such reports shall be in a form satisfactory to the City. 3.2 No acceptance of any payment by Grantee shall be construed as an accord that the amount paid is, in fact, the correct amount, nor shall any acceptance of payments be construed as a release of any claim the City may have for further or additional sums payable. All amounts paid shall be subject to confirmation and recomputation by the City, provided that such audit and computation is completed within three years of the date any audited and recomputed payment is due. If no such audit or financial review is conducted within the two year period, then any claim that the City might have had for additional compensation shall be forever waived and relinquished. The Grantee agrees to reimburse the City for: Page 1 —AFN Franchise (F:\USER\PAUL\Telecommunications\Fo ms\franchise AFN.wpd) 3.2.1 The reasonable costs of such confirmation if the City's recomputation discloses that the Grantee has paid 95 % or less of the franchise fees owing for the period at issue upon receipt of an invoice from the City showing such costs were actually incurred and directly related to the audit; or 3.2.2 One-half of the reasonable costs of such confirmation if the City's recomputation discloses that the Grantee had paid more than 95% but less than 98% of the franchise fees owing for the period at issue. 3.2.3 The City's costs which may be reimbursed under this section shall not exceed $5,000.00 per audit or financial review. 3.2.4 If the City determines that Grantee made any underpayment, and that the underpayment exceeded 5 % of the amount due, Grantee shall pay interest compounded at the rate of one percent (1%) over the existing prime rate as set by the bank with which the City contracts for its banking services, compounded monthly. Interest shall be due on the entire underpayment from the date on which payment was due until the date on which full payment is received. 3.3 If the Grantee disputes the City's determination of underpayment, the Grantee shall place the disputed amount in an escrow account until final resolution. 3.4 All Grantee's books, maps, and records directly concerning its gross revenues under this franchise and its calculation of franchise fee payments to the City shall be open for inspection by the proper officers or agents of the City, upon no less than 48 hours prior written notice, during normal business hours to determine the amount of compensation due the City under this franchise, and shall be kept so as to accurately show the same. 3.5 Payment of the franchise fee shall not exempt Grantee from the payment of any license fee, tax or charge on the business, occupation, property or income of Grantee that may be lawfully imposed by the City or any other taxing authority, except as may otherwise be provided in the ordinance or laws imposing such other license fee, tax or charge. 3.6 Grantee shall make its telecommunications services available to the City at its most favorable rate offered at the time of the request charged to a similar user within Oregon for a similar volume of service, subject to any of Grantee's tariffs or price lists on file with the OPUC. Grantee may deduct the applicable charges from franchise fee payments. Other terms and conditions of such services may be specified in a separate agreement between the City and Grantee Page 2 —AFN Franchise (F:\USER\PAUL%Telewmmunications\Forms\franchise AFN.wpd) 4 Title 16 Ashland Municipal Code, Charter and General Ordinances To Apply. 4.1 Unless the context requires otherwise, words and phrases used in this franchise shall have the same meaning as defined in Title 16, Telecommunications, Ashland Municipal Code. All of the provisions of Title 16 are incorporated by reference and made a part of this franchise. In the event of any inconsistencies in the terms of this franchise and Title 16, the more restrictive provisions of Title 16 shall take precedence over franchise terms unless Title 16 specifically authorizes the franchise to provide otherwise. 4.2 The Charter of the City of Ashland and general ordinance provisions of the City affecting matters of general City concern and not merely'existing contractual rights of Grantee, now in effect or adopted in the future, are incorporated by reference and made a part of this franchise. Nothing in this franchise shall be deemed to waive the requirements of the various codes and ordinances of the City regarding permits, fees to be paid, or the manner of construction. 5 General Financial and Insurance Provisions. Grantee shall not be required to obtain the following which are otherwise required by Title 16, Ashland Municipal Code. 5.1 Performance Bond (Section 16.12.190). 5.2 . Insurance (Section 16.24.100). 5.3 ' Performance Bond (Section 16.24.120). 6 Covenant to Indemnify and Hold City Harmless. 6.1 Grantee agrees and covenants to indemnify, defend and hold the City, its officers, agents and employees, harmless from any claim for injury, damage, loss, liability, cost or expense, including court and appeal costs and attorney fees or expenses, arising from any casualty or accident to person or property by reason of any construction, excavation or any other act done under this franchise, by or for Grantee, its agents or employees, or by reason of any neglect or omission of Grantee to keep its telecommunications system in a safe condition, but not if arising out of or by reason of any negligence or willful misconduct by the City, its officers, agents or employees. The City shall provide Grantee with prompt notice of any such claim which Grantee shall defend with counsel of its own choosing and no settlement or compromise of any such claim will be done by the City without the prior written approval of Grantee. Grantee and its agents, contractors and others shall consult and cooperate with the City while conducting its defense of the City. Page 3 — AFN Franchise (F:\USER\PAUL\Telemmmunicafions\Fo"s\franchise AFN.wpd) 6.2 Grantee also shall indemnify the City for any damages, claims, additional costs or expenses assessed against or payable by the City arising out of or resulting, directly Or indirectly, from Grantee's failure to remove, adjust or relocate any of its Facilities in the streets in a timely manner in accordance with a relocation schedule furnished to Grantee by the City Engineer, unless Grantee's failure arises directly from the City's negligence or willful misconduct. 7 Construction and Relocation. 7.1 Subject to applicable regulations of the City, Grantee may perform all necessary construction to construct, operate and maintain its telecommunications system. All construction and maintenance of any and all telecommunications system facilities within streets incident to Grantee's provision of telecommunications services shall, regardless of who performs installation or construction, be and remain the responsibility of Grantee. Grantee shall apply for and obtain all permits necessary for installation or construction of any such facilities, and for excavation and laying of any telecommunications system facilities within City streets. Grantee shall pay all applicable fees due for City construction permits. 7.2 Prior to beginning construction, Grantee shall provide the City with an initial construction schedule for work in the streets and the estimated total cost of such work. The schedule shall be submitted at least two weeks in advance of construction. 7.3 Grantee may make excavations in the City streets for any facility needed for the maintenance or extension of the Grantee's telecommunications system, subject to obtaining permits from the City. Prior to doing such work, Grantee must apply for, and obtain, appropriate permits from the City, and give appropriate notices to any other franchisees, licensees or permittees of the City owning or maintaining facilities which may be affected by the proposed excavation. 7.4 In the event that emergency repairs are necessary for Grantee's facilities in the streets, Grantee shall immediately notify the City of the need for such repairs. Grantee may immediately initiate such emergency repairs, and shall apply for appropriate permits the next business day following discovery of the emergency. Grantee must comply with all ordinance provisions relating to such excavations or construction, including the payment of permit or license fees. 7.5 Grantee is responsible for becoming familiar with, and understanding the provisions of ORS Chapter 757, governing the location of underground facilities (the "One-Call statutes"). Grantee shall comply with the terms and conditions set forth in the One-Call statutes. Page 4 —AFN Franchise (F:\USER\PAUL\Telecommunications\FormsVmnchise AFN.wpd) 7.6 Grantee shall at its own expense temporarily or permanently remove, relocate, change or alter the position of any of its facilities when directed to do so by City in compliance with Ashland Municipal Code Title 16. 7.7 Grantee's telecommunications system shall be constructed and maintained in such manner as not to interfere with City sewers, water systems, electric systems or any other facilities of the City. 8 Reservation of City Street Rights; Requirements for Undergrounding. 8.1 Nothing in this franchise shall be construed to prevent the City from constructing sewers, water systems, electric systems, grading, paving, repairing or altering any street or constructing or establishing any other public work or improvement. 8.2 If any of the Grantee's telecommunications system interferes with the construction or repair of any City sewer, water or electric system, street or public improvement, the Grantee's system shall be removed or replaced in the manner the City shall direct. Any and all such removal or replacement by Grantee shall be without expense to the City. Should Grantee fail to remove, adjust or relocate its facilities by the date established by the Public Works Director written notice to Grantee, the City may cause or effect such removal, adjustment or relocation, and the expense thereof shall be paid by Grantee, including all costs and expenses incurred by the City due to Grantee's delay. 8.3 Grantee shall install its telecommunications facilities underground unless the City specifically permits attachments to utility poles or other aboveground facilities. Grantee shall install its telecommunications facilities within an existing underground duct or conduit owned by it whenever surplus capacity exists within such utility facility. If Grantee has permission to install overhead facilities, Grantee shall install its telecommunications facilities on pole attachments to existing utility poles only, and then only if surplus space is available as determined by the Department of Electric Utilities. Whenever any existing electric utilities are located underground within a public right of way of the City, Grantee shall also locate its telecommunications facilities underground. Whenever any overhead electric utilities are relocated underground, Grantee shall also locate its telecommunication facilities underground. Any and all such installation and relocation under this paragraph shall be without expense to the City. 9 City's Written Consent Required for Assignment, Transfer, Merger, Lease or Mortgage. Ownership or control of a telecommunications system or franchise may not, directly or indirectly, be transferred, assigned or disposed of by sale, lease, merger, consolidation or other act of the Grantee, by operation of law or otherwise, without the prior consent of the City, which consent shall not be Page 5 —AFN Franchise (F:\USER\PAUL\Telewmmunications\Fonns\franchise AFN.wpd) unreasonably withheld or delayed, and then only on such reasonable conditions as may be prescribed in such consent. 9.1 Grantee and the proposed assignee or transferee of the grant or system shall provide and certify the following information to the City not less than 120 days prior to the proposed date of transfer: 9.1.1 Complete information setting forth the nature, terms and condition of the proposed transfer or assignment; 9.1.2 All information required of a telecommunications franchise applicant pursuant this chapter with respect to the proposed transferee or assignee; 9.1.3 Any other information reasonably required by the City. 9.2 No transfer shall be approved unless the assignee or transferee has the legal, technical, financial and other requisite qualifications to own, hold and operate the telecommunications system pursuant to this title. 9.3 Grantee shall reimburse the City for all direct and indirect fees, costs, and expenses reasonably incurred by the City in considering a request to transfer or assign a telecommunications franchise. 9.4 Any transfer or assignment of a telecommunications grant, system or integral part of a system without prior approval of the City under this section shall be void and is cause for revocation of the franchise. 10 Miscellaneous Provisions. 10.1 Both Grantee and the City shall comply with all applicable federal and state laws. Grantee shall comply with all applicable City ordinances, resolutions, rules and regulations adopted or established pursuant to the City's lawful authority. 10.2 If any section, provision or clause of this franchise is held by a court of competent jurisdiction to be invalid or unenforceable, or is preempted by federal or state laws or regulations, the remainder of this franchise shall not be affected, unless the city council determines such section, provision, or clause was material to the City's agreement to issue a franchise to the Grantee. 10.3 The city council or the city administrator shall be vested with the power and authority to reasonably regulate the exercise of the privileges permitted by this franchise in the public interest. Grantee shall not be relieved of its obligations to comply with any of the provisions of this franchise by reason of any failure of the City to enforce prompt Page 6 — AFN Franchise (F:\USER\PAUL\Telecommunications\Forms\franchise AMwpd) compliance, nor does the City waive or limit any of its rights under this franchise by reason of such failure or neglect. 10.4 Any litigation between the City and the Grantee arising under or regarding this franchise shall occur, if in the state courts, in the Jackson County Circuit Court, and if in the federal courts, in the United States District Court for the District of Oregon. 10.5 Any notice provided for under this franchise shall be sufficient if in writing and (1) delivered personally to the following addressee or deposited in the United States Mail, postage prepaid, certified mail, return receipt requested, (2) sent by overnight or commercial air courier (such as Federal Express), or (3) sent by facsimile transmission addressed as follows, or to such other address as the receiving party shall specify in writing: If to the City: City Administrator, City Hall, 20 East Main Street, Ashland, Oregon 97520; FAX 541-488-5311 If to the Grantee: Director, Ashland Fiber Network, 90 North Mountain Avenue, Ashland, Oregon 97520; FAX 541-488-5320 Any such notice, communication or delivery shall be deemed effective and delivered upon the earliest to occur of actual delivery, three business days after depositing in the United States mail as aforesaid, one business day after shipment by commercial air courier or the same day as facsimile transmission (or the first business day thereafter if faxed on a Saturday, Sunday or legal holiday). 11 Other Authority Superseded. Upon effectiveness of this franchise, any and all authority to operate previously granted to Grantee by the City shall be superseded by this franchise. 12 Cable Authority. This franchise does not authorize the Grantee to operate a cable system or provide video programming, as defined by 47 U.S.C.A §522 (Supp. 1997). Grantee City By: By: Title: City Administrator Page 7 —AFN Franchise (F:\USER\PAUL\Telecommunications\Forms\franchise AFN.wpd) MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL February 16, 1999 Civic Center Council Chambers, 1175 E. Main Street PLEDGE OF ALLEGIANCE Council Chairperson Laws called the meeting to order at 7:05 p.m., in the Civic Center Council Chambers. ROLLCALL Councilors Laws, Reid, Hauck, Wheeldon and Fine were present. Mayor Shaw and Councilor Hanson were absent. Councilor Fine noted.that Councilor Hanson had been called away fora month of training with the National Guard,and would be absent for this meeting and the next. APPROVAL OF MINUTES Councilor Wheeldon asked that the paragraph on page 6 beginning,"Wheeldon stated that a policy was needed.."be corrected to indicate"Reid stated that a policy was needed.. The minutes of the regular meeting of February 2, 1999 were approved as amended. SPECIAL PRESENTATIONS& AWARDS 1. Update and presentation by the Bicycle& Pedestrian Commission. Tim Garry,current chair of the Bicycle&Pedestrian Commission,noted the five areas of focus for the Commission: infrastructure, education and promotion, safety and enforcement, modal equity, and serving as an advisory body/liaison/resource for the Council and the community. Noted that all members try to walk or bike to work every day, and expressed the hope that Ashland remains a bicycle and pedestrian-friendly town. Garry cited the Siskiyou Boulevard Bike Lane project as one he would like to emphasize,as it will link the downtown,schools,and university. Stated that this would make cycling much safer,and that he hopes work on this project will continue. Garry noted that Jennifer Hadden,who was absent tonight,also walks and bikes daily,and introduced Landon Hilliard. Hilliard spoke on multimodal equity,and noted the opportunities for multimodal transportation in Ashland. Pointed out that Ashland Free Ride Day will be coming again in May,and explained that Town Cruises will begin in March as a means to bring attention to the need for bike lanes on Siskiyou Boulevard. Garry noted the contribution of members Tom Powell, Russ Rickert, and Council liaison Carole Wheeldon, and introduced new member David Young. Young spoke on the lifestyle choice of minimizing automobile usage and the need to take methods of transportation other than the automobile seriously. Emphasized that the community is full of accidents waiting to happen,and education of cyclists,pedestrians,and drivers is needed. Garry noted that new members Theresa Johnson and Jesse Ferraro were absent tonight. Said that he would like to emphasize the Commission's role as a community resource, and that they take this role seriously. Councilor Reid noted the work that had already gone into the design of Siskiyou Boulevard on the part of Phil Arnold would be a good starting point for new efforts,and stated that she did not think it would be necessary to"re-invent the wheel". Laws noted that a tentative plan for Siskiyou Boulevard is nearly in place with the Oregon Department of Transportation (ODOT), and emphasized that the City's Transportation Plan illustrates Ashland's commitment to multimodal equity. City Council Minutes 0111611999 1 C 2. Update and presentation by the Chamber of Commerce regarding parking issues. Rick Nagel/President,Ashland Cham ber of Comm erce/Noted that there are currently twenty four active committees, including this one,which has twenty one members representing abroad cross-section of the community. Explainedthat they have attempted to approach the issue holistically, in an integrated manner from a total community standpoint. Emphasized that parking is notjust a tourist or downtown issue,but that their concern is to provide access for citizens to the businesses in the City,including doctors,pharmacists,attorneys,and CPAs. Pointed that it is not there intent to create a huge parking lot,or an extensive mass transit system. Concluded that what the Chamber has to offer is two- fold: I)a willingness to help; and 2)the presentation of concepts relative to the creation of an integrated plan. Michael Donovan/180 Logan Drive/Stated that he has been a business owner for twenty six years,and is pleased to work with community members on this project. Emphasized that this proposal has not just focused on the downtown area, but has tried to address transportation issues relative to Southern Oregon University and Ashland Community Hospital as well. Expressed the hope that there will be a partnership with the City in the next fiscal year to determine the feasibility of this proposal. Noted the memo and studies which have been presented to the Council,and asked that the Council look at the City of Aspen,Colorado's award winning plan. Stated that Ashland is similar to Aspen in many ways. Urged multimodal equity,and asked that the Council join with the Chamber in conducting comprehensive studies for coming year,including looking at the feasibility of an expanded,city-operated transit system. Stated that enhanced transit service will be central to any strategy in dealing with traffic and congestion issues. Also suggested that there is a need for a parking structure downtown, near the Mark Antony Hotel and Oregon Shakespeare Festival,and that this is a critical juncture because of the Hotel's renovation and the Festival's expansion. Suggested that there will need to be incentives and disincentives to encourage the use of a new parking structure. Also cited neighborhood parking zones and paid parking as possible options. Explained that in the case of Aspen,Colorado,paid parking revenues were used to fund buses,and this has slowed the growth of traffic there. Suggested that the Chamber would like to see shuttles every 10-15 minutes from park-and-ride sites at either end of town, and would like to work in partnership with the Bicycle & Pedestrian Commission. Concluded by suggesting an ad hoc citizens' advisory committee to address downtown issues,such as the expiration of the revenue stream from the Downtown LID,and to work on updating the Downtown Plan. Councilor Hauck noted that one element the Council has identified in their strategic planning process was the downtown/parking issue. Reid recognized the need to look at the bus issue and to look into alternatives, and to find parking options. Reid questioned if the Oregon Shakespeare Festival is considering providing parking for patrons in their expansion,or if they are seeking a partnership with the City. Donovan suggested that a partnership between the City,the Festival and the Mark Antony would be desirable,and noted that representatives of the Festival were present and could speak to this issue. Jim Watson/Administrator, Ashland Community HospitaUSpeaking on behalf of the Hospital with regard to transportation and parking,he emphasized that they want to improve access for their customers. Urged a long-term solution to these issues. Concluded that growth continues for the Hospital,and they are excited by the community wide approach to this planning effort. Paul Nicholson/Oregon Shakespeare Festival,Executive Director/Noted that studies of their patrons ten to twelve years ago indicated that 60%felt parking in Ashland was fair or poor. This has improved tojust over 30%over the last twelve years. Stated that tourists don't see the same dilemma that citizens are aware of. Explained that even with their expansion,the Festival will not grow by more than 10%in seat capacity,and this growth will not necessarily translate into an increase in tourists as they hope many patrons will stay for more shows. Emphasized that the Festival supports an integrated plan,and feels that an intra-city transit system is desirable. Suggested that there should be incentives to discourage employees from driving to work. Noted that Ashland has an aging population, and that there is a need to offer them options. Festival recommends and supports the thoughtful analysis that has gone into this proposal,and will strongly and actively collaborate in working to deal with these issues. Councilor Reid questioned the ownership of the Hargadine parking lot. Nicholson noted that this lot was purchased by the Festival and given to the City. The City currently holds a 50-year lease to the Festival. Reid stated that while City Council Minutes 0211611999 2 J she is opposed to parking structures in principle, she feels that there could be some designs she would support. Expressed concern over the mistakes made in other cities, and suggested that Ashland learn from the mistakes made elsewhere. Ron BolstadNice President,Administration and Finance,Southern Oregon University/Expressed the University's commitment to participate fully with the Chamber in this community effort. Recognized the University's impact on transportation and parking, noting that half of the students and one-third of the employees commute from outside of Ashland daily. Urged that efforts be made to ensure that access is available. Noted the patronage of the greater Rogue Valley community for University events,citing the 14,000 visitors and participants in programs at Schneider Museum of Art,and the 4,000 school groups who attended workshops for Shakespearean Studies,as examples. Emphasized that access needs to be made available,and noted that the timing is impeccable as the University will be updating its Master Plan. Concluded by recognizing Directory of Community Development John McLaughlin for his involvement in this process. Sophia McDonald/Associated Students of Southern Oregon University,President/Reiterate Bolstad's comments, noting that University students share the same concerns. Noted that a survey this fall cited parking as the students' second most important concern,after legislative issues. Concluded that the students are eager to help,and are committed to finding alternative solutions to the transportation issue. CONSENT AGENDA 1. Minutes of Boards,Commissions and Committees. 2. Monthly Departmental Reports. 3. Confirmation of Mayor's appointment of Theresa Johnson to the Bicycle&Pedestrian Commission for a term to expire April 30,2000. Councilors Fine/Reid m/s to approve the consent agenda. Voice vote: All AYES. Motion passed. PUBLIC HEARINGS I. Public Hearing to consider proposed assessments for Fordyce Street Local Improvement District. City Recorder Barbara Christensen explained that Council had been given an updated handout that included a revised list of property owners. Confirmed for Council that dollar amounts had not changed,and that the revisions had to do only with names. Noted that this list was the one used for mailing,and the correct property owners had been noticed properly. Public Works Director Paula Brown noted the lengthy construction process and the large number of lots involved. Stated that seven formal letters of concern had been received, but staff does not feel that these warrant reductions. Pointed out a correction in the last line of the background information of the.Council Communication,noting that the assessment methodology was based on area(acreage)rather than frontage feet. Noted that the project costs went over, but were within the 10%limit,but that with the$77,0000 credits given,the costs were reduced by almost 25%. The final cost was significantly lower than any original estimates. Concluded that this has been a fairly difficult project. Councilor Wheeldon asked for clarification about the entrance to the Clear Creek Subdivision. Brown explained that the City removed some asphalt,and some curbing and paving had to be redone on the Clear Creek side. Credits were given for the curbing done,and a storm drain was put in under the right of way. Stated that most of the costs were born by the City with the credits that were given. Public hearing opened at 8:03 p.m. Colin Swales/Owner of several lots in the Ashland Willows Subdivision/Opposed to this project from the start,and feels that the impetus for the project was in the City's need to upgrade the storm drain system. Questioned the discrepancy in the footage of storms drains credited,and the cost per lineal foot credited,versus the costs given in the original estimate. Suggested that savings in one area of the project are made up elsewhere, in the City's favor. City Council Minutes 0211611999 3 Explained that the City's original estimate was$224,000, and the low bid was only $189,000, yet the total cost was much more. Carolyn Eidman/554 Fordyce StreetMoted the tearing up of the street while not putting in underground utilities,the widening of the top of Fordyce Street,the issue of credits and the interest earned on money provided by the county. Questioned the requirements placed on contractors by the City, and noted that residents were not notified when their driveways were to be cut,and were not told to evacuate when gas lines broken several times. Stated that the quality of the workmanship is unbearable,and she hopes that this contractor will not be given work by the City again. Stated that the traffic calming devices do not work,that a blind intersection was created,and that there are parking problems. Swales noted that when the project began,they had a paved street with lighting; now they have sidewalks instead of ditches, but the parking strips are only filled with '/a- minus gravel that are full of weeds and trash. Urged any neighborhood considering an LID to look at Fordyce,and see that these issues are addressed before beginning. Robert Monroe/562 Fairview Street/Stated that he has owned property at 521 Fordyce Street for two years,and was made aware of the LID before his purchase. Explained that he accepts the LID,but has issues with being deprived of TID irrigation water,despite his having water rights and being promised that he would continue to have full access to TID water after the project's completion. Also stated that,having done some paving himself,he feels the pavingjob is one of the worst he has ever seen. Cannot believe the poor construction of the speed bump,and feels that the paving job should have been rejected at the time of City inspection. Noted that the park rows are filled with gravel that will only allow weeds to grow. Brown responded to the issues raised by noting that difference between the estimate,bid and the final cost is normal, and was probably due to additional requests on the part of the City. Stated that "Huffman and Wright" were the contractors,and explained that they had not been used for City projects before. Stated that the paving is not the best job she has seen,but that it was acceptable to the inspecting crews. With regard to the park rows,Brown noted that dirt was brought in,but she was uncertain if all park rows had been filled. Councilor Hauck questioned what the policy is for park rows. Brown stated that more dirt could be brought in to fill the park rows as needed. With regard to the up- sizing of the storm drain line, and Swales' question about the lineal feet, Brown stated that she was uncertain of specifics,but that the information included in the Council packets was what was paid for. Brown concluded that she would avoid the raised crosswalk design in the future,and would look at using something different or redesigning the crosswalk on future projects. Stated that the dead end created will be eliminated with the extension of Seena Lane in the future. Noted that she had not heard of problems with TID water,but she can check into it and see that additional water is provided as needed. Emphasized that the TID problem will be sorted out. Councilor Fine questioned the speed bump,and Brown noted that it is awkward because Seena Lane has been extended, despite the City having reconfigured it once. Brown emphasized that it was inspected,and redone,to conform with the specifications. Councilor Wheeldon noted the number of lessons learned with this project,and suggested that a checklist be kept and revisited to ensure these lessons are carried into future projects: Brown noted that much of the difficulty here was related to the large number of lots,and stated that a checklist of this sort would be helpful. Chairperson Laws asked for clarification on the raised crosswalk traffic calming measure. Brown stated that she would do the design differently in the future, but it is not a traffic hazard. Suggested that it could be improved with better striping to make people aware of the impediment to traffic. Laws recapped the issues,noting that dirt would be brought in as needed,that the paving was inspected and accepted,that the speed bump was not a hazard but could be re-striped to improve its effectiveness, and that Brown would be looking into problems with the TID line and contacting Mr. Monroe. Stated that other questions should be referred to Public Works. Public hearing closed at 8:25 P.M. City Council Minutes 0111611999 4 Reading by title only of"A Resolution Levying Assessments in the Amount of$179,247.61 for Curbs,Gutters, Storm Drain,Sidewalk and Paving Improvements in the Fordyce Street Local Improvement District No. 77." Councilors Hauck/Wheeldon m/s to adopt Resolution#99-14. Roll call vote:Laws,Reid,Hauck,Wheeldon,and Fine,YES. Motion passed. PUBLIC FORUM No one came forward to speak. UNFINISHED BUSINESS None. NEW AND MISCELLANEOUS BUSINESS 1. Council Meeting Look Ahead. City Administrator Mike Freeman offered to answer any questions the Council might have about the Look Ahead. Wheeldon asked that the March 2nd study session be rescheduled so she can attend the wrap-up on strategic planning. This was discussed,and Freeman indicated that this issue would likely be finished at the study session on February 19'". It was also noted that on February 19th, there would be a discussion of scheduling future study sessions. Laws recognized the difficulty of scheduling study sessions so that all Councilors could attend,and suggested that the Council consider meeting every Tuesday night. Wheeldon suggested adding study session items to the regular meetings,so that all meetings would be from 7:00 to 10:30 p.m. Agreed that these ideas would be discussed on Friday,the 19'". Hauck inquired what the"NERT" item was on the Look Ahead; Freeman stated he would check into this and see that it was clarified on the next Look Ahead. 2. A Motion to Adopt the Findings for the Approval of Planning Action#98-091,Hillside Inn,1250Siskiyou Blvd. Councilors Hauck/Wheeldon m/s to adopt the Findings. Roll call vote: Laws, Reid, Hauck,Wheeldon, YES. Fine,NO. Motion passed 4-1. 3. Letter to City Council from Sister City Committee regarding request for funding for visit from Guanajuato in April. Meredith Reynolds and Sean Van Ausdall of the Ad Hoc Sister City Committee presented the Council with a draft budget for their thirty year anniversary celebration event,along with a brief history of the sister city relationship and programs. Reid questioned if this was a different event from the usual Guanajuato visit that occurs around July 0 each year. Reynolds noted that this is a new item, at an additional cost. Explained the exchange that occurs between these two - cities,and noted that the Council has always allotted funds for the exchange. Ashland citizens and the University also participate, and there are donations. Noted that there has been limited spending over the last five years by the Committee,and this will be a once in thirty year event. Explained that they tried to hold a celebration of the twenty fifth anniversary, but there were too many competing events. Stated that this celebration will be an opportunity for representatives of both cities to look at the accomplishments of this program over the last thirty years, as well as a chance to plan for expanding the exchange programs. Fine indicated that while he feels the$2000 requested is reasonable,he has onntceinss t t this_tp In i� ap je tpt� M l of the City's endorsement of a government that has never held free a ec tons. eynol s at��t at tfan J ato is different from this trend elsewhere in Mexico, and invited Fine to participate in the event and see for himself. Van City Council Minutes 0211611999 5 Ausdall noted that both Ashland and Guanajuato pay dues to Sister Cities International, and this is not about governments,but rather about people-to-people relationships. Councilors Reid/Fine m/s to approve spending$2635.00 to fund a visit from Guanajuato in April. Voice vote: All AYES. Motion passed. 4. Election of Citizen's Budget Committee member to replace vacant position for a term to expire December 31,2001. Councilors Hauck/Wheeldon m/s to nominate Howard Braham to fill thevacant position on the Citizen's Budget Committee. DISCUSSION: Discussed the precedent for conducting interviews of nominees in the past. Noted that there was little warning of this vacancy,and while it would be possible to postpone filling the vacancy,the first meeting of the Commission is in two days. Councilors encouraged John Griffin to apply for future vacancies. Voice vote: All AYES. Motion passed. ORDINANCES,RESOLUTIONS AND CONTRACTS 1. Second reading by title only of "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." Hauck noted that he has prepared a motion which would add "Excepting those owners or successors who prepay an assessment as provided for in Resolution 99-09,Section 3c..."to Section 13.20.050(c). Fine questioned whether the Council should re-evaluate the compromises made to reach an agreement on LIDS at this point. Reid indicated her reluctance to make changes when those who participated in the committee have not been noticed and are not present tonight. Councilors Fine/Reid m/s to adopt Ordinance#2837. Councilors Hauck/Wheeldon m/s to amend the motion by adding language stating,"Excepting those owners or successors who prepay an assessment as provided for in Resolution 99-09,Section 3c..."to Section 13.20.050(c). DISCUSSION: Hauck noted that this would not affect free speech rights,but would not allow those who have already paid to delay the process. Reid agreed that those who prepay should not delay the process. Laws feels this is the one area in the LID process where the City is seen as the least fair or democratic,and the original proposal is an effort to improve that perception with no ill consequences. Hauck feels that the perceptions have had to do with developers pre-signing and obligating future owners,but under the new plan pre-payment will be strictly voluntary. Roll call vote on the motion to amend: Hauck,YES. Laws,Reid,Wheeldon,and Fine,NO. Motion to amend failed 4-1. Roll call vote on motion to adopt: Laws,Reid,Hauck,Wheeldon,and Fine,YES. Motion to adopt Ordinance #2837 passed. 2. Reading by title only of"A Resolution Setting a Public Hearing For Assessment to Be Charged Against Lot 129 Within the Dogwood Way Local Improvement District No.75." Councilors Hauck/Reid m/s to adopt Resolution#99-14. Roll call vote:Laws,Reid,Hauck,Wheeldon,and Fine, YES. Motion passed. City Council Minutes 0211611999 6 3. Reading by title only of "A Resolution Levying Assessments to be Charged Against Lots Within Dogwood Way Local Improvement District No.75." Councilors Reid/Wheeldon m/s to adopt Resolution#99-12. Roll call vote: Laws,Reid,Hauck,Wheeldon,and Fine,YES. Motion passed. 4. Reading by title only of"A Resolution Levying Assessments in the Amount of$179,247.61 for Curbs, Gutters,Storm Drain, Sidewalk and Paving Improvements in the Fordyce Street Local Improvement District No.77." (Dealt with under "Puhlic Hearings"above) 5. Reading by title only of "A Resolution Establishing High Speed Data Rates for the Ashland Fiber Network." Director of Electrical Utilities Pete Lovrovich explained this resolution establishing rates for high speed data services. Noted that these services will primarily be used by businesses,schools,the University and the City. Emphasized that this is not residential internet service. Cited the difficulty in setting these rates as comparable services have not been available,but that they were established by allocating costs of equipment and time. Noted that these rates meet the goal of being self-sufficient while being lower cost than other services in the market. Fine questioned if the rates are adequate to meet the full cost of providing the service. Lovrovich confirmed that the rates are sufficient for a total recovery ofcost,meaning that the City is not only providing a valuable service but bringing in substantial revenue. Emphasized that these rates meet the expectations set forth in the business plan. Fine noted that this would be good for businesses and for residential tax rates. Lovrovich introduced Richard Holbo, the City's new Telecommunications Engineer, formerly of Southern Oregon University. Councilors Reid/Hauck m/s to adopt Resolution#99-13. Roll call vote:Laws,Reid,Hauck,Wheeldon,and Fine, YES. Motion passed. OTHER BUSINESS FROM COUNCIL Councilors Laws/Reid m/s to place the issue of the Richey property in the Ann/Clinton Local Improvement District on the agenda.Voice: All AYES. Motion passed. Laws noted the memo included in the Council packets from Public Works Director Paula Brown, and explained Bill Richey's concern over the front footage method of assessment used for his property. Laws and Hauck expressed concern that this method was unfair for Richey's property,and suggested that they would like the Council do something to address this. Reid discussed the history of LID assessment methodology, and expressed her concerns over the situation. Stated that she feels that the Council who approved this LID originally wanted to use another methodology, but no audio or video tapes or minutes were available to verify this. Councilors Hauck/Fine m/s to use Brown's option #1 to reduce the Richey's assessment by $1062.34. DISCUSSION:.Discussed whether this amount should be redistribute through the rest of the LID members,or should be paid by the City. Council preferred that the City pick up this cost. Roll call vote: Reid,Hauck,Fine, Laws,YES. Wheeldon,ABSTAIN. Motion passed. Reid noted that on a recent trip to Salem,she had learned that the City of Salem deals with the undergrounding of utility wires whenever any excavation occurs. Stated that this fits the discussion that occurred as part of the strategic planning process. Director of Electrical Utilities Lovrovich noted that staff is putting together a franchise agreement for Telecommunications which will involve the notification of all other utilities so that under grounding can occur. City Attorney Nolte noted that there is resistance on the part of other utility providers to the single trench idea. Freeman noted that this would be included in the Capital Improvement Plan in the future. Reid emphasized that she would like City Council Minutes 0I 11611999 7 this to be a formal policy. Lovrovich noted that under grounding was done recently on Waterline Road off of Terrace Street,and also on Morris Street. Reid noted that in the discussion of the comer lot on Heiman Street and Orange Avenue which occurred during the last meeting where LIDS were considered,she had wanted to see a staff memo on this discussion to follow up. Noted that this discussion had to due with Ellie Read's property,and also the Dean property. Reid stated that she would like to have memos whenever an item comes up at the Council table. Laws feels that the staff must be allowed some discretion in this matter. Wheeldon stated that she was in favor of staff preparing memos to follow up on Council requests,but suggested that the Council needs to be specific in making requests. Wheeldon questioned whether anyone had attended the HazRed project open house prior to the Council meeting. Also noted that the Bicycle&Pedestrian commission is trying to avoid use of the term"alternative transportation" in favor of"multimodal transportation." Reid suggested that it would perhaps be more effective to speak about bicycles, walking,and buses, as not everyone is familiar with"multimodal transportation." ADJOURNMENT The meeting was adjourned to an executive session at 9:24 p.m. to consider the potential purchase of real property pursuant to ORS 192.660(1)(e). Barbara Christensen,City Recorder Catherine M. Shaw,Mayor City Council Minutes 0211611999 8 Council Communication Public Works Department Assessments - Lot 129 Dogwood Way LID March 2, 1999 Submitted by: Paula Brown P� Reviewed by: Paul Nolte Approved by: Mike Freeman ON Title: A resolution levying special benefit assessments in the amount of$1,791.64 for curbs, gutters, and paving improvements for lot 129 and reducing assessments for lots 126 and 127 in the Dogwood Way Local Improvement District No. 75. Synopsis: This Council action is required under the Ashland Municipal Code as the final step in the process to levy the corrected assessments to lots 126, 127 and 129 within the Dogwood Way Local Improvement District. Recommendation: It is recommended that the City Council adopt the attached resolution to levy the corrected assessment for lot 129 and reducing the assessment for lots 126 and 127 within the Dogwood Way Local Improvement District. Background Information: An administrative error created the need to correct the assessments to three of the lots within the Dogwood Way Local Improvement District No. 75. The initial public hearing for this Local Improvement District was held at 7:00 p.m., February 2, 1999. A second public hearing was noticed on February 17, 1999, for tonight (March 2, 1999) to hear objections to the corrected assessment for lot 129. The original assessment dated May 21, 1996, establishing the Dogwood Way Local Improvement District had lots 126 and 127 assessed as one unit as these were substandard lots, owned by the same individual, and could not be divided into two buildable units. Also, lot 129 was assessed separately. The final assessment mailed on January 20, 1999, contained an error in that lot 126 and lot 127 were each assessed as separate lots for the full assessment lot value, and lot 129 was completely left out of the assessment. The resolution adopted by council was in error as it omitted Lot 129 from the assessment which is $1,791.64. The resolution was also in error as it assessed lots 126 and 127 for $1,791.64 when those assessments should have been assessed for $895.82 each. The total assessment remains unchanged as does the assessment per lot, with the exception of lots 126 and 127 which are assessed at half the original assessment. A reduced assessment requires no public hearing, as Council may administratively reduce the assessment without formal notifications. Dogwood Way 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, 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. FAUSER\FAULA\Council ConunL D Dogwood 129 levy.wpd .'n RESOLUTION NO. 99- A RESOLUTION LEVYING SPECIAL BENEFIT ASSESSMENTS IN THE AMOUNT OF $1,791.64 FOR CURBS, GUTTERS, AND PAVING IMPROVEMENTS FOR LOT 129 AND REDUCING ASSESSMENTS FOR LOTS 126 AND 127 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. A resolution levying assessments for this LID was adopted by the council on February 2, 1999. B. The resolution adopted by the council was in error as it omitted Lot 129 from the assessment. The owner of Lot 129 has now been notified of the omission and the amount of the assessment which is $1,791.64. The resolution was also in error as it assessed Lots 126 and 127 for$1,791.64 when those assessments should have been for assessed for $895.82 each. C. The corrected assessments for these lots 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 CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The amount of the assessment to be charged against lots 126, 127 and 129 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. The assessments made to lots 126 and 127 in the resolution adopted February 2, 1999 are nullified. SECTION 2. 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 3. 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 GVAULAUD129 Dogwood levy assess res.wpd SECTION 4. 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 ewed as to orm: Paul Nolte, City Attorney PAGE 2-LEVYING ORDINANCE GAPAULANLID129 Dogwood levy assess res.wpd Council Communication WWTP Update and Related Issues Public Works Department March 2, 1999 Submitted by: Paula Brown�w'- Approved by: Mike Freeman �N Title: Overall Status Update on the Wastewater Treatment Plant and Related Issues Synopsis: The construction is progressing at the wastewater treatment plant, and several other steps are in progress. Staff wanted to provide an update to the City Council and answer questions or provide clarification as necessary. Recommendation: This item is for information only, no action is necessary unless Council desires to redirect staff in their actions. The two items that are of interest and have the greatest impact are 1)the Ashland Creek Pump Station and 2)the proposed construction schedule for the off-site spray irrigations and biosolids project. Background Information: There have been several informal and formal public meetings on these topics. The attached information sheet provide specific information on the progress at the wastewater treatment plant and related issues. Specifically discussed are: ❑ Treatment Plant- On Site Process Improvements • Slayden Construction Progress • Carollo Engineers Construction Management • Ashland Creek Pump Station-Need for improvements ❑ Spray Irrigation and Biosolids - Off Site • Design aspects including; odors, site geology, impact to the TID canal, effluent and biosolids disinfection levels, hillside appearance, and effluent sprinkler system and farming practices • LUBA Appeal - Status • Proposed Construction Schedule ❑ Wetlands ❑ Current Cost Projections WWTP Overall Status Update Treatment Plant - On Site Process Improvements Slayden Construction Slayden Construction received the construction contract and began work on September 8, 1998, and have been working aggressively on the construction of the new on-site plant process improvements. Slayden has met their interim deadlines for the ultraviolet disinfection equipment and should have that on line by March 1999. Concrete walls and slabs have been poured for the new oxidation ditches which should be completed this summer. The remainder of the project consists of improvements to the secondary clarifiers, piping, the activated sludge pumping station, new headworks station, a new operations building, and landscaping. The entire project will be completed by late fall 2000. Included lose in each Council Member's packet(copy also in City Hall and at the Public Works Department) is a copy of the last three monthly reports written by Carollo Engineers that span the progress at the plant. There are details and lots of photos in the reports. 3' IRiI I"Y'Y rcS5a9C II i �I pr W WTP plant at a distance-Ashland's plant will not stand out this dramatically as we have some site berming, landscaping,and existing grade breaks to reduce the Oxidation elevation changes. Ditch d These three pictures show views of the oxidation ditch from the Camrosa Water Reclamation Facility in Camarillo, California. This plant has the same oxidation ditch design and will look very similar to what we will have at the site once completed. I have included a copy of the Camrosa brochure. Ashland's plant will be very similar,but will not have the third stage filtration and chlorine contact basins as we will use ultraviolet disinfection process. Carollo Engineers Carollo Engineers is the City's contract design engineers and have been hired to perform the on- site construction engineering management and quality control inspection services. They are also completing design of the spray irrigation and biosolids portion of the project which is further discussed below. W WTP Status Update-March 2, 1999 PCB page 1 Ashland Creek Pump Station The one area not addressed in the original wastewater treatment plant improvements is the Ashland Creek Pump Station. The pump station was built in 1962 . It operates as a wet well with three pumps that pump raw sewage to the plant's headworks. The pump station has an overflow directly to Ashland Creek. The current capacity of the pump station is undersized for peak flows, and when the pump station is operating at full capacity, the pumps have no redundancy and raw sewage is allowed to back up into the wet well and influent sewer collection lines. When one pump is down and the system is at full capacity, the risk of overflow, although rare, is high. At staff's request, Carollo Engineers completed a draft conceptual design for the pump station and are recommending that a replacement pump station be constructed using submersible pumps capable of handling the 20 year forecasted peak flows. It would require constructing a larger force main pipe from the pump station to the headworks of the plant. The preliminary estimated construction cost is $900,000. These costs could potentially be reduced during the final design and construction stages. This pump station is the Achilles heel in the wastewater treatment process and staff highly recommends rebuilding the pump station to significantly reduce the possibility of raw sewage overflows to Ashland Creek. Spray Irrigation and Biosolids - Off Site The majority of this update focuses on the off-site design as this is the area in which we have received the most interest. Design Design of the off-site spray irrigation and biosolids application site are 95% complete. Staff and Carollo Engineers have presented the 90%design to the Department of Environmental Quality (DEQ) for final approvals. The DEQ has requested additional information, but in general is supportive of the project as outlined in their recent letter(attached). Extensive site evaluation has been completed, concentrating primarily on the site geology. Prior to this level of design, staff and Carollo Engineers held several "neighborhood"meetings to discuss concerns by the residents, farmers and land owners near the site. These meetings brought several concerns forward for attention by staff and the consultants. Of primary concern are the following: • odors, primarily from the biosolids • site geology and slide potential ❑ TID canal system and potential contamination ❑ disinfection levels of the effluent and biosolids, and the potential for contamination ❑ hillside change and appearance ❑ effluent sprinkler system and farming practices W WTP Status Update-March 2, 1999 PCB page 2 Odors Within the last several years, odors have been one of the primary concerns facing wastewater treatment plants. Public acceptance of various treatment processes have become more favorable as odor control processes are improved and added to specific process areas. At the Ashland plant, odor controls will be constructed at the headworks and the Ashland Creek Pump Station to control raw sewage odors which are traditionally the most offensive to people. Once the raw sewage has been processed through the oxidation ditch at the treatment plant the resulting odors are significantly decreased. The resulting biosolids that will be transferred to the irrigation property site will have been highly treated due to extended aeration and detention times. The resulting odors as the biosolids are stored in the lagoons will be minimal, and not nearly the same as the offensive raw sewage odors once present at the processing site. Once the biosolids are pumped into the drying beds in the spring of each year,there may be a potential for some short term(10-14 day)musty odors until the top of the beds dry. Again, these odors are not the offensive raw sewage odors that are often associated with the rankness of ammonia, rotten eggs or rotten cabbage type smells. Site Geology The City has completed an extensive geologic and soils analysis of the effluent irrigation and biosolids application site. Foundation Engineering was hired as a subconsultant to Carollo Engineers to evaluate the underlying site stability and determine the best course of action for the siting and subsurface engineering of the ponds and lagoons. The placement of the effluent ponds, both at the upper site and lower site were carefully chosen and engineered to accommodate the underlying soils. The Oregon Water Resources Department, Division of Dam Safety, is reviewing the engineering related to the project's lagoons and water storage ponds and has asked for additional information prior to their approval. A comprehensive wetlands analysis and delineation was completed as well due to the placement of the road. Irrigation application buffers will be established around each wetlands area. In addition, swales will be constructed to prevent runoff from reaching the riparian areas. TID Canal The TID canal will be lined to protect facilities below the canal and to reduce water losses onto the property from seepage. The reclaimed water will not be applied within 70 feet of the TID canal. In addition, swales will be constructed above the TID canal to catch any accidental runoff that could drain to the canal. Effluent Disinfection Levels There was considerable discussion in prior community meetings regarding the difference in Level II and Level IV effluent water. The Department of Environmental Regulations (DEQ) has specific standards for different categories of treated effluent(Oregon Administrative Rules Chapter 340, Division 55). Both Level I1 and Level IV require biological treatment at the wastewater treatment plant, and certain levels of disinfection. Level II effluent for reuse purposes requires weekly sampling and limits the total coliform in the effluent no more than 23 organisms/colonies per 100 milliliters (ppm). Once the ultraviolet process is completed,the Ashland WWTP is expected to produce effluent that runs between 6-10 ppm of total coliform. Level IV effluent requires daily sampling and 2.2 ppm (10 fold reduction). However it is W WTP Status Update-March 2, 1999 PCB page 3 important to remember each human discharges 100-400 billion (4000 ppm per person) coliform organisms per day and that incoming raw sewage has an average of 100,000,000 ppm prior to the treatment and disinfection at the plant. There were questions regarding the reuse of different levels of treated effluent water. Level II reuse water can be used in cemeteries, golf courses without contiguous residences, highway medians, and landscapes without frequent public access. It cannot be used in parks, playgrounds, schoolyards, or golf courses with contiguous residences. Level II water cannot be sprayed within 100 feet from areas where food is prepared or served or where drinking fountains are located. For both reuse levels, public signs posted around the area are required to call attention to the fact that reclaimed water is being used for irrigation purposes. For both levels, the signs are identical and state; "attention, reclaimed water- do not drink". For areas using Level II reuse waters, the signs must also contain the words "avoid contact". Level IV reuse water requires a significantly higher level of filtration to meet the turbidity units and additional disinfection requirements. The City's initial estimates to reach these higher limitations is an additional $4.0-4.5 million in filtration, chemical, and most likely, a chlorine system to meet final disinfection requirements. One of the City's goals with the current process improvements was to use an ultraviolet disinfection system and discontinue the use of chlorine because of its toxicity to fish. Adding chlorine to bring the effluent to Level IV runs counter to the original decision concerning chlorine. A Level IV process will require additional operation and maintenance dollars due to the additional chemicals, filtration and biosolids production. Initial estimates are an additional $230,000 - 280,000 per year. Biosolids Disinfection Levels Instead of"levels", biosolids are classified as either Class A or B. Class A biosolids have more stringent requirements for pathogen reduction. Class A designation generally allows more flexibility in application of biosolids to land. Class A biosolids that meet certain other pollutant limits can be sold without restrictions and used for home lawns and gardens. The City's interest in land applying the biosolids requires that a Class B biosolid be produced. The regulations governing treatment technologies to treat biosolids provide flexibility in how pathogen and vector attraction reduction requirements are met. Class A and Class B designations differ only in regard to limits on density of pathogens in the biosolids. The regulations list technology alternatives for meeting Class A Biosolids Pathogen Reduction. In addition the biosolids must have a density of fecal coliforms less than 1,000 MPN per gram of total solids (dry weight basis) or the density of Salmonella Sp. Bacteria must be less than 3 MPN per 4 grams of total solids (dry weight basis). Class B biosolids can be applied to all types of land subject to management practices and site restrictions. It cannot be sold either in bulk or in bags because there would then be no control on how it is applied. Both Class A and Class B biosolids have the same vector attraction reduction requirements. W WTP Status Update-March 2, 1999 PCB page 4 Hillside Appearance Although the appearance of the hillside will change as the site is irrigated, the effect on the viewscape was considered extensively during design. The location of the ponds and lagoons are critical due to the site geology and proximity to other ponds. All fills will have the toe of the slope contoured to blend with the existing slope. Ponds were located where they would have minimal impact on the viewscape. Carollo Engineers is developing computerized views of what the hillside will look like from different perspectives. Effluent Sprinkler System and Farming Practices The current design has changed to allow for"big gun" sprinklers similar to those found on large irrigation sites. These sprinkler heads are capable of delivering the required daily reclaimed water flow to the site. There have been concerns regarding the possibility of the effluent drifting onto adjacent sites and whether or not it was feasible to complete a drift dynamics analysis. A drift dynamics simulation could be developed, however, because of the variability of the weather conditions on the site, it is uncertain as to what value the simulation will have. The entire site is required to have a 70 foot buffer to all adjacent lands. In some cases,the site is additionally buffered because of steep slopes that will not be irrigated and the access road or TID canals and tail water collection areas. A weather station and soil moisture sensors will be installed on the site and information will be used to control the sprinkler system to reduce the potential for drift. The attached map shows the current areas for effluent application. There have been questions regarding the type of farming application. At this time, it is presumed that the City will grow pasture grasses on the irrigation site. There will also be the flexibility to grow other crops such as alfalfa hay on portions of the site in the future. The City also intends to graze cattle on the irrigated areas moving them from site to site as the irrigation schedule allows. All of this will be done through a contract with a farmer with oversight from the City to ensure regulatory requirements are met. LUBA Appeal The"Friends of the Creek"have filed an appeal with the Oregon Land Use Board of Appeals. The basis of the appeal is Jackson County's determination that there was no need for a conditional use permit for this application on exclusive farm use zoned County land. LUBA is supposed to have a decision this April. Construction Schedule For the off-site work, staff has planned to advertise the project later this spring and will award pending a decision by LUBA, sometime in May or June. It is hoped that we would be in construction this summer to continue to meet the deadlines imposed by DEQ. Wetlands Staff updated Council on the progress of the Demonstration Wetlands System on November 20, 1998. Since then, with the cold weather there has been additional down time and limited progress on site. Cascade Earth Sciences (CES) has the system operating well right now and is meeting with staff this week to determine the be action plan for this spring and summer. The Parks and Recreation Department cleaned up the area in November and has replanted the visible areas in December and January. Their assistance has been of great help to the overall appearance of the project. Staff will update Council later this summer on the outcome of the date gathered in the spring. W WTP Status Update-March 2, 1999 PCB page 5 Current Cost Projections This project has seen various project cost estimates since the initial Brown and Caldwell Facilities Plan was completed in 1995. All of the costs were presented a little differently and included different parts of the overall project costs. The original Brown and Caldwell estimate showed construction occurring in three phases and included the cost of the demonstration wetlands (shown as $338,000), land purchase (shown at $1,046,000) and design allotment for a total of$27.1 million (includes $4.5 million in the off-site program). However, there were no costs specifically allocated for the construction management services, and the costs did not include a new operations building, nor the level of detail we are now seeing in the off-site design and construction requirements. Carollo Engineers provided an Amended Facilities Plan in July 1997 in which they revised the process improvements and construction schedule for the on-site work. Carollo's cost estimate was $19.1 million for construction only. This cost estimate included the on-site process changes, but retained the original off-site construction costs included in the Brown and Caldwell original facilities plan of$4.5 million. The $19.1 million cost estimate did not include design or construction management services, and cost estimate showed only minor improvements to the operations, maintenance and laboratory buildings. As the project continued to be refined, the on-site process improvements actually decreased from the initial $14.6 million to an estimate of just over $13 million prior to bidding the construction project, to the construction contract award amount of$12.4 million. The on-site work includes a new operations, laboratory and maintenance building. We are currently estimating higher costs for the off-site work as refinements and extra precautionary measures are taken. As shown below,the off-site work is now estimated at $9 million. Staff has included the proposed reconstruction of the Ashland Creek Pump Station and all of the design and construction management services costs, as well as the possible changes in site conditions and construction changes to the on-site work. Below the initial subtotal is the costs for the demonstration wetlands project and the purchase of the Imperatrice property to be used for the off-site reuse program. Current Estimates: Construction of On-Site Process Improvements (Slayden) $ 12,400,000 On-Site Changes (est) (Slayden) 620,000 Ashland Creek Pump Station(not bid) 1,000,000 Spray Irrigation and Biosolids Off-Site(not bid) 9,000,000 Design (Carollo - both sites) 2,200,000 Const Management and Inspection (Carollo - both sites) 1,800,000 TOTAL $ 27,020,000 Wetlands (demonstration project) 480,000 Land Purchase (Reuse site) 900,000 WWTP Upgrade TOTAL $ 28,400,000 W WTP Status Update-March 2,1999 PCB page 6