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O` V. "5 ` AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
October 19, 1999
Civic Center Council Chambers, 1175 E. Main Street
�� 30
�" 6• Council Meeting Pkt.
Q.� EXECUTIVE SESSION, 6:30 p.m. JBARBARA CHRISTENSEN
r
(CITY RECORDER
I. Discussion of pending litigation pursuant to ORS192.660(1)(h) ------ -- ---
II. Annual evaluation of City Attorney pursuant to ORS192.660(1)(i)
REGULAR MEETING, 7:00 p.m.
I. PLEDGE OF ALLEGIANCE: 7:00 p.m., Civic Center Council Chambers.
II. ROLL CALL:
III. APPROVAL OF MINUTES: Regular meeting minutes of October 5, 1999 and Executive
Session Minutes of September 22, 1999.
IV. SPECIAL PRESENTATIONS &AWARDS:
1. Mayor's Presentation of a plaque for 30 years of service to Wes Eaton of Ashland
Fire & Rescue.
2. Presentation and update by the Traffic Safety Commission.
3. Mayor's Proclamation of Breast Cancer Awareness Month.
4. Mayor's Proclamation of Red Ribbon Week.
V. CONSENT AGENDA:
1. Minutes of Boards, Commissions and Committees.
nancial Report for year ended June 30, 1999.
A%q Second reading by title only of"An Ordinance adding section 11.48.040 to the }
Ashland Municipal Code authorizing certain employees of Southern Oregon
University to issue Citations for Minor in Possession of Alcohol and for Unlawful
,, yPossession of Less than an Ounce of Marijuana."
L4.1 Adoption of Findings of Planning Action 97-054, Strawberry Lane Subdivision.
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:
1. Consideration of Design Alternatives for Hillah Temple.
2. First reading of"An Ordinance Adding Section 2.04.095 to the Ashland Municipal
Code to Establish Fis or New Programs."
499-6 p 3. Reading by title only(bf"A Resolution onsenting to the Transfer of Control of Falcon
Cable Systems Company II, L.P., to Charter Communications Holding Company,
LLC, with Conditions."
4. Request from Rara Avis Media Group regarding $5,000 start up funds for film festival.
IX. NEW AND MISCELLANEOUS BUSINESS:
1. Council Meeting Look Ahead.
2. Motion to approve the Calle Guanajuato Master Plan.
3. Designation of Voting Delegate at League of Oregon Cities Annual Business
Meeting.
4. Update on the Implementation of Council's 1999 -2000 Goals.
5. Capital Improvement Plan update.
6. Council workshop discussion.
7. Council initiation of a planning action for an amendment to the Ashland Land Use
Ordinance to Prohibit the establishment of minimum house sizes by private
development companies.
X. ORDINANCES, RESOLUT D CONTRACTS:
Secon reading of"fin Ordinance mending the Telecommunications Title 16 of the
a 85 Ashland Municipal Co Add Provisions Regulating Cable Service and to Clarify
Requirements for Gra ."
'� Reading by title only f"A Resolution tting a Public Hearing for the Formation of a
Local Improvement Distnct to Provide for Improvements consisting of Paving, Curbs,
Gutters, Storm Drains, Sidewalk and Associated Improvements, for the extension of
Central Avenue from its existing Terminus East of Helman Street, approximately 320
feet Easterly to a new connection with Water Street"
XI. OTHER BUSINESS FROM COUNCIL MEMBERS:
XII. ADJOURNMENT:
.................................................................................................................................................................................................
......
REMINDER
Study Session on Wednesday, October 20 at noon in
council chambers. Topics to include: 1) Discussion
regarding Anniversary of Citys incorporation on
10/13/1874; and, 2)Transit presentation.
........................................ .....................................................-........_...................................................................................
.........i
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Council Communication
Department of Community Development
Planning Division
Adoption of Findings for PA97-054, Strawberry Lane Subdivision
October 19, 1999
Submitted by: John McLaughlin
Approved by: Mike Freeman
Title:
Adoption of findings for PA97-054, Strawberry Lane Subdivision remand.
Synopsis:
At the September 21, 1999 City Council meeting,the Council reviewed the additional evidence
regarding storm drainage for the Strawberry Lane subdivision and found that the burden of proof
was met regarding adequate storm drain facilities. This was the only issue remanded by LUBA
regarding this planning action.
Recommendation:
Staff recommends that the City Council adopt the attached findings by motion as part of the
consent agenda.
OCT-01-1999 FRI 09:20 AM ATTORNEYS AT LAW FAX NO, 15417732635 P. 02/04
BEFORE ASHLAND CITY COUNCIL
1998
In the Matter of Planning )
Action #97-054 , Request for ) FINDINGS OF FACT AND
outline Plan Approval for a ) CONCLUSIONS OF LAW
25-Lot Subdivision Under the )
Performance Standards option )
Located at Strawberry Lane . )
Applicants : Doug Neuman, )
Margaret Brown, and Paul )
Hwoschinsky. )
I . INTRODUCTION
FINDINGS OF FACT AND CONCLUSIONS OF LAW for approval of an
outline plan for a 25-lot subdivision under the performance
standards option on property legally described as 391E8AC Tax Lots
101, 200 , 201 and 500 located at Strawberry Lane .
II. RECITALS
1 . Tax Lots 101, 200, 201 and 500 of 391E8AC are located
adjacent to Strawberry Lane and Hitt Road and are zoned RR- . 5-P;
Low Density Rural Residential .
2 . The applicants are requesting approval of a 25-lot
subdivision under the Performance Standards Option. Site
improvements are shown on the outline plan and supporting documents
are on file at the Department of Community Development _
3 . On May 12 , 1998 , the City Planning Commission approved
the applicant' s application for the Strawberry Lane development
under Ashland Land Use Ordinance 18 . 88 . 030 . On appeal to the City
Council , the Council conducted a de novo review on June 16, 1998 ,
during which it heard testimony from planning staff and the public .
The City Council closed the public hearing for deliberation but was
unable to reach a conclusion and directed planning staff to bring
options regarding improvement of the Strawberry Lane development to
the next City Council meeting held July 7, 1998 . At the City
Council meeting on July 7 , 1998 , the City Council accepted a City
Council communication from the planning director, recommending that
the City Council impose an additional condition, Condition 21 ,
requiring the applicants to provide secondary paved access from the
intersection of Strawberry Lane to Alnutt Street to a paved
1 - FINDINGS OF FACT AND CONCLUSIONS OF LAW
OCT-01=1999 FRI 09:20 AM ATTORNEYS AT LAW FAX NO. 15417732635 P. 03/04
collector street . The City Council voted to deny the appeal, and
approved the application with the addition of Condition 21 .
Petitioners appealed the City Council ' s decision to LUBA. On
February 17, 1999, LUBA issued its opinion in which it upheld the
City Council ' s decision in every particular except for. the adequacy
and capacity of the urban storm drainage system.
4 . The City Council, following proper public notice, held a
public hearing on September 21, 1999, at which time testimony was
received and exhibits were presented. The City Council approved
the application subject to the conditions pertaining to the
appropriate development of the site .
III . CRITERIA
The only criterion at issue in this remand from the Land Use
Board of Appeals is Ashland Land Use Ordinance (ALUO)
18 . 88 . 030 (A) (4) (b) regarding whether adequate urban storm drainage
can be provided and whether the development will cause the City' s
urban storm drainage facilities to operate beyond capacity.
IV. FINDINGS OF FACT
The only criterion at issue is ALUO 18 . 88 . 030 (A) (4) (b) :
The Planning Commission shall approve the outline plan
when it finds that the following criteria have been met :
b. That adequate key city facilities can be
provided including * * * urban storm drainage
* * * ; and that the development will not cause
a City facility to operate beyond capacity. "
DISCUSSION:
1 . On remand, the runoff that must be accounted for is the
runoff generated below the Strawberry Lane and Hitt Road
intersection. Runoff generated above this intersection will be
directed into a storm drain system that empties into wrights Creek
and has already been demonstrated to meet the applicable criteria .
2 . Storm runoff below the Strawberry Lane and Hitt Road
intersection will be collected by the City of Ashland' s storm drain
system to be installed as part of the newly completed Master Storm
Drain System.
3 . The runoff from the development will be collected and
directed into storm pipes to be installed in the City' s already
acquired right of way.
2 - FINDINGS OF FACT AND CONCLUSIONS OF LAW
OCT-01-1999 FR1 09:21 AM ATTORNEYS AT LAW FAX NO. 15417732635 P. 04/04
4 . The development' s storm drainage system will enter the
City' s proposed storm drainage system at the intersection of
Strawberry Lane and Nutley Street .
5 . The development will generate approximately 7 cfs of
runoff .
6 . The City' s Master Storm Drain System plan included the
projected runoffs from the Strawberry Lane development in
determining the capacity requirements .
7 . The size of the City' s proposed storm drainage system
capacity is more than adequate to handle the runoff from the
development as well as runoff generated below the development .
V. CONCLUSIONS OF LAW
Based upon the evidence submitted with this application and
the discussions, conclusions, and findings made above, the Ashland
City Council makes the following conclusions of law:
1 _ Based on the record of the public hearing on this matter,
the maps and plans submitted by the applicant upon remand, and the
City' s Master Storm Drain plan, the Ashland City Council concludes
that the adequate urban storm drainage can be provided and that the
development will not cause the City' s urban storm drainage
facilities to operate beyond capacity.
Therefore, based ' on our overall conclusions , and upon the
proposal being subject to each of the following conditions , we
approve Planning Action No. 98-054 . The following are the
conditions and they are attached to the approval :
1 . All conditions of the previous council approval of this
planning action shall apply.
2 . That the storm drain improvements for Alnut and Nutley
indicated on the submitted plan from Hammond
Engineering (Job No. 97-07) be installed concurrently
with all street improvements for the subdivision.
Catherine Shaw Date
Mayor
04
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
October 5, 1999
Civic Center Council Chambers, 1175 E. Main Street
PLEDGE OF ALLEGIANCE
Mayor Shaw called the meeting to order at 7:00 p.m., in the Civic Center Council Chambers.
ROLL CALL
Councilors Laws, Reid,Hauck, and Hanson were present;Councilor Wheeldon and Fine were absent.
APPROVAL OF MINUTES
The minutes of the regular meeting of September 21, 1999 were approved as presented.
SPECIAL PRESENTATIONS&AWARDS
1. Mayor's Proclamation regarding World Population Awareness Week.
Mayor Shaw read the proclamation regarding World Population Awareness Week.
2. Presentation regarding Watershed Protection Project.
Presentation by Richard Hart/83 N. Wightman Street/Explained that he had been asked by a community-formed
group to represent them as their spokesperson. The group has called themselves the Ashland Watershed Stewardship
Alliance. Stated that they are achieving success as a collective by recognizing and fostering a new understanding of
our community's interrelationshipwith its watershed. Feels that there is a great responsibilitythat requires the combined
efforts of the Forest Service,community,city government,Southern Oregon University's Environmental Department,
the REAL Corps,Charter School,Lomakatsi,Rogue Institute for Ecology and Economy,Headwaters,and other entities.
Hart explained the composition of the watershed,and how fire has impacted the watershed since 1910. Stated that the
Ashland Watershed Stewardship Alliance was formed to create a membership as diverse as the ecosystem upstream.
The Alliance is addressing the challenge by forming three committees: technical; communication and outreach;and
Finance.
Stated that the team has reviewed the Draft Environmental Impact Statement(DEIS)and continue to survey the areas
proposed for treatment. Explained that they are drafting a unit-specific assessment and an alternative set of treatments
that address health and resilience to events.
Requested that the city council recognize and support the Alliance's work and direction,and continue to participate in
the community efforts. Feels that this is an important opportunity for our city to move forward and support these efforts.
Presented the council with the task of the committee: "To create an economically feasible plan to mitigate the risk of
fire in the Ashland watershed in a timely manner which reflects the stated ecological and social values of the
community,as well as the management objectives of the Forest Service and the City of Ashland".
Defined the approach as the following: 1)Refine the project's cost and potential revenues;2)Generate funds to support
the community's role in this work; 3) Accept local responsibility to coordinate and partially compensate labor; 4)
Develop value-added production coordination within the region;and 5)Build opportunities which support education
and outreach.
Clarified for council that the group was formed to participate in accepting responsibility for the watershed.
CONSENT AGENDA
1. Minutes of Boards,Commissions and Committees.
2. Termination of the City's interest in a portion of a water line easement encumbering property at 1130
Ivy Lane(39 IE 16AD Tax Lot 1000).
3. Approval of an Agreement and Deed Restriction Regarding Transfer of Drive-up Window.
Councilors Hauck/Hanson m/s to approve the Consent Agenda. Voice Vote: All AYES. Motion passed.
City Council Meeting 10/05/99 Page 1 of 9
fa
PUBLIC HEARINGS
(None)
PUBLIC FORUM
Lyn Horstemeier/920 Cambridge/Requested that the city reconsider the use of city tax dollars in fighting the LUBA
decision of spraying effluent on the hillside. Stated that property owners should check their deeds to determine if this
would have a negative effect on their property rights. Asked if the council would consider a vote within the city and
urban development areas as to the process desired.
Russ Silberger/562 Ray Lane/Spoke regarding the dangers surrounding traffic on Ashland Street and the most recent
traffic accident involving a mother and child. Commented on the impact of Hwy 66 in this area and street safety.
Suggested that at the time the Transportation Plan is discussed,more attention should be spent on street safety. Stated
that donations could be sent to Bank of America for the family injured on Hwy 66.
UNFINISHED BUSINESS
1. Discussion of Draft City Council Reimbursement Resolution.
Mayor questioned whether the resolution would take into account speaking engagements when representing the city.
Hopes that this would not limit training, but would allow for presentations of this type. City Administrator Mike
Freeman stated that this was addressed in Section 1 of the proposed resolution. Shaw suggested adding the following
wording to the second sentence:"This may include,but not be limited to,such organizations as...:..
Laws voiced his concern on the way the proposed resolution was currently worded. Felt that it would open it up to a
huge amount of money that could potentially be spent by a council member representing the city,with no check at all.
Stated that the resolution seemed to be excluded from being limited by the budget. Pointed out that the provision in
Section 2 should apply for representation too. That the council should have a set budgeted amount, and that if the
budgeted amount is to be exceeded there should some kind of check and balance.
Council discussion regarding flexibility in allowing council expenditures for representation that is tied to departments.
It was discussed that these types of expenditures,outside the normal budgeted council/mayor amount,should receive
full council approval on the request. Shaw felt that there should be an individual designated amount budgeted on a
yearly basis for mayor and council to adhere to.
Council requested that staff continue to work with the wording on the resolution,including the suggestions made here,
and bring the resolution back to council for approval.
Councilors Laws/Hauck m/s to approve request by Councilor Wheeldon to attend the Pacific Program October
2"-9'in Bend,Oregon. Voice Vote: All AYES. Motion passed.
2. Request from Rara Avis Media Group for$5,000 start up funds for film festival.
Councilors Laws/Reid m/s to send request to Budget Committee. Voice Vote: All AYES. Motion passed.
3. Consideration of a Program for Domestic Partnership Registry.
Rev. Patt Herdklotz/384 Clinton Street/Spoke in favor of consideration of the Domestic Partnership Registry.
Commented on her experiences with couples that have been denied visitation rights for their partners in hospitalization.
Feels that any action that would help individuals in these circumstances is good.
Dan Prince/101 Randy Street/Commented on virtues of a society that build a resilient caring community. Questioned
the costs surrounding the registry of a domestic partnership. Feels that this would weaken the covenant of marriage and
human commitment. Commented on his pastorship and experience of the difficulties and failures in many marriages.
Questioned why leaders would want to pursue a program that undermines the foundations of our society. Questioned
why the city would want to go into the personal records business, when the county always handles these kinds of
records. Questioned why the city's taxpayers have to pay for a service that does not offer an overall benefit to our
community. Questioned legal aspect of the registry and commented that there is no guaranty that hospitals or other
institutions would honor a domestic partnership program.
City Council Meeting 10/05/99 Page 2 of 9
y
Alice Knotts/710 N Mountain Ave/Representativeof Methodist Church in Phoenix/Talent. Commented on how there
is an avenue provided to register for a fishing license,animal licensing, etc., but how there is no avenue provided to
register a couple in a loving relationship. Feels there should be an opportunity allowed for individuals to register as a
couple and commented on how the state does not recognize this type of partnership.
Wayne Christian/1190 Beliview/Stated his opposition to the registry and sees marriage as an institution between a man
and wife. Questions if the council has a consensus and has heard from the community as a whole on this decision.
Concerned with how this could create a division within the community. Requested that before council makes an
endorsement they allow for additional time to hear from the community.
John DezeIV5188 Rogue Valley Hwy,Central Point/Questions why council is having a hearing on this matter. Cited
jurisdictional rights of the City of Ashland and extending those rights beyond the city limits. Believes that council is
digging their political graves. Commented on the possible degradation of the covenant of marriage and that this is not
the business of city officials.
Timothy Hatfield/67 Woolen Way,Apt. 1/Commented on the value of the council and feels that there is a system in
place and does not support the proposed registry. Urged council to deny approval or face a lawsuit.
Councilors Hauck/Reid m/s to adopt program as set forth in the attached document. Councilor Hanson objected
to the consideration of the motion.
DISCUSSION: Mayor Shaw explained that the costs associated with the registry would be considered and
factored into the process so that there would be no costs incurred by the city taxpayers. Stated that benefits are
already extended to same sex partners,as are all public agencies,which is required by the state. Clarified that
we do not extend this to heterosexual partners,because these individuals have the choice to marry and there is
no insurance carrier for the city. Noted the Massachusetts law that was overturned,and how that was different
in that the Mayor that was referred to was allowing marriage within the city limits. Stated the issue regarding
visitation rights in hospitals is a good point, but acknowledged that if a partner wants access to a domestic
partner, and that person is unconscious, the partner can only access the partner with a healthcare power of
attorney. Noted that if this is an issue,they should secure these forms at a local hospital. Shaw commented on
how council has had to make hard political decisions in the past and that this would not change. Stated that
council has not placated special interest groups and believes that the council makes decisions based on what is
in the best interest of the community.
Reid commented on how individuals have viewed this as a"symbolicact"and the question of why council should
be involved in this issue. Reid shared her personal experience of using a "symbolic act" on the ballot for the
Nuclear Freeze Zone. Stated that the current program being proposed was brought forward to council by a
community group and was not brought up by council members.
Hanson pointed out that it was only a few weeks ago that this council decided that"symbolic acts","politically
contrived resolutions"and the"legislation of morality"was not the city's purview. Felt that this was what was
happening with the current proposal.
Shaw responded that she had a resident call her on this issue,and that she sees this as quite different in regards
to her veto of the moral obligation resolution. Shaw stated,"I am very close friends with an attorney,who solely
handles cases of lawsuits against municipal governments,and it was his feeling that,that particular resolution,
put the city in grave jeopardy of potential lawsuits." Also,the symbolism of this particular resolution is one that
is held by those that hold the paper. Explained that her litmus test for what may be determined as an empty
gesture is whether people come out and testify or have strong feeling toward an issue. Shaw felt that anything
that would bring people from all corners of the city and county together cannot be an empty gesture. Stated that
the resolution that was vetoed did not have one person appear for or against.
Hanson stated that if this is the case,based on the number of people that have come forward,he has a greater
number of individuals that have either submitted a letter or signed a petition against the proposal,and only one
is in favor. Hanson felt that if this were held to an election,based on the responses he had received,the proposal
would be denied.
City Council Meeting 10/05/99 Page 3 of 9
Hanson made motion to table consideration until council had the chance to determine the will of the people.
Motion died due to lack of second.
Hauck shared his personal experience on when he ran for the council seat. He believes that he had an
overwhelming win over his opponent due to the other candidate using the platform of supporting Measure 9,
which was a measure regarding anti-gay rights. Feels that this proposal does have the support of the majority
of the people in this community.
Laws suggested a change to the proposal to add a requirement that the certificate would be available only if the
individuals requesting the certificate were ineligible to marry understate law. Feels that anything that weakens
the state of marriage is a bad idea and people of the same sex do not have this opportunity, but people of the
opposite sex do not have this opportunity.
Laws/Hauck m/s to amend motion to add the following wording:"that they are ineligible to marry under state
law." Roll Call Vote: Laws,Reid,Hauck,YES;Hanson,NO. Motion passed 3-1.
Councilor Hanson stated his objection to the city getting involved this type of business.
Roll call vote on original motion: Laws,Reid,Hauck,YES; Hanson,NO. Motion passed 3-1.
NEW AND MISCELLANEOUS BUSINESS
1. Council Meeting Look Ahead.
Freeman noted that items #9 and #10 are the same item; and pointed out that the joint session with the Parks
Commission on October 12'would be at 7:00 p.m.in Hunter Park.
2. Ashland Watershed Protection Project Draft Environmental Impact Statement.
Fire Chief Keith Woodley and Public Works Director Paula Brown presented a synopsis,including a brief history of
the project and an explanation of the recommendation of the Ashland Watershed Protection Project Draft Environmental
Impact Statement (DEIS). Informed council that the comment period on the DEIS expires on October 18, 1999.
Woodley explained that staff recommended that the city council authorize the Mayor to sign a letter endorsing
Alternative 5, which best addresses wildfire mitigation concerns. Also noted that the Forest Service has invited
community-based involvement in the preparation of other alternatives to those proposed by the Forest Service in the
DEIS.
Woodley stated that staff is not in a position to comment on the feasibility of potential community-based alternatives,
as none were available for review. Noted that if no credible community-based alternative is generated from the current
discussions, it is believed that Alternative 5 could still provide opportunities for"community-based" involvement in
fuels management. A portion of the project area could be specifically set aside for"hands-on"public participation.
Emphasized that the methods prescribed in Alternative 5 have survived peer review and are based on longitudinal data
Suggested that potential trade-offs and their impacts be kept in mind when looking at alternatives.
Woodley recognized that more data is needed,but explained that this must be balanced with the need to deal with this
in a timely manner. Noted that the Forest Commission had reviewed this matter, and explained that they did not
embrace a particular alternative but rather recommended concepts and principles to develop a more holistic and
environmentally sensitive alternative to more accurately express the relationship between the community and the
ecosystem. Noted that the Ashland Watershed Stewardship Alliance is currently designing such a proposal to
substantially reduce fire hazard while maintaining ecological integrity,minimizing soil erosion,enabling community
stewardship opportunities and providing for flexible prescriptions based on site-specific information.
Brown stated that staffs main focus has been that doing nothing is not an alternative given the danger of catastrophic
wildfire. Commented on the amount of time and effort involved on the part of the Forest Commission in preparing their
recommendation.
Laws endorsed the Ashland Watershed Stewardship Alliance and the principles presented by the Forest Commission.
Agreed with Alternative 5 as a"fallback"alternative,but suggested that there is a need to reach a consensus between
the Watershed group and the Forest Service.
City Council Meeting 10/05/99 Page 4 of 9
Woodley commented that a technical review committee has been suggested to gauge the merits and scientific feasibility
of community-based alternatives. Brown stated that she felt the Watershed Stewardship group would likely be willing
to work toward a scientifically feasible solution,and applauded what they have been doing.
Reid questioned what deadlines might be involved here.
Eric Navickas/711 Faith Av/Reminded Mayor of his previous requests that the Mayor had not completed. Gave a brief
review on the history of the watershed since its being shifted to an adaptive management area in 1955. Noted major
floods that have occurred as a result of Forest Service activity in the watershed, which led to a DEQ moratorium on
Forest Service activities in the watershed in 1974. Cited the City's independent study("the Montgomery Study")that
raised fire hazard reduction projects as a major issue in the watershed,and which concluded that the Forest Service is
often inclined to justify major intensive activities in the watershed in the name of fire hazard reduction. Questioned the
city's seeming to forget this conclusion;expressed his support for the community-based alternative's intent to reduce
a catastrophic timber sale in the watershed. Suggested that nothing in this project was ever designed around fire hazard
reduction,but rather around removing timber from the watershed,and questioned the Forest Service's economic interest
in timber extraction. Emphasized that areas in need of fire hazard reduction have been left out,while areas needing no
reduction are included. Suggested that there needs to be a real fire hazard reduction project,completely separate from
any economic interest in extracting timber. Noted the need to look at the watershed from a broader perspective, and
suggested that an independent outside firm be employed to look at the watershed and make recommendations.
Concluded that the Forest Service is playing on the very real need for fire hazard reduction in the watershed in order
to get a timber sale.
Robert Brothers/Headwaters Environmental Center/596 Heiman St/Expressed his excitement at the possibilities
presented by the Watershed Stewardship Alliance's alternative. Stated that this will meet the needs of the community
without taking extreme and unnecessary measures. Stated that he thinks agreement can be reached if the different sides
come together in the watershed and recognize their common interest in and concern for the area. Emphasized that he
is encouraged by the openness of the local Forest Service officials,and is excited to be working with them.
Ruth Coulthard/566 Faith Av/Director of Peace House/Commented on the change in the community and voiced her
encouragement of the positive role that the groups have taken in developing a dialogue to voice concerns and share
information. Felt that this process has provided an atmosphere to break down stereotypes and share understanding of
individual viewpoints. Would like the city to endorse their plan,but recognized that there is additional work that needs
to be done to fully articulate the plan before the end of the comment period.
Howard Heiner/784 Garden Wy/Expressed his excitement with this project. Noted his background as forestry advisor
to the State Department and NATO,and commented on the importance of getting the local government and community
involved in the decision making process in natural resource management. Felt that this is developing in this community
with the help of the US Forest Service. Stated that he serves on the Technical Team looking at the alternatives, and
emphasized that they are looking beyond this one project to the landscape management of the whole watershed.
Commented on the need to utilize this area as a natural research area for the Forest Service and the SOU Environmental
Sciences Department. Recommended fording a win-win combination using the better elements of the various
alternatives looked at.
Marko Bey/381 Glenn St/Restoration Forestry Manager of the Lomakatsi Restoration Project/Works with
community groups and schools in restoration projects. Excited about the partnership in the watershed and how it relates
to reduction of fire hazard and protects old growth at the same time. Concerned with citizens who are cynical of the
project and looks to offer something to these individuals that brings them a connection to the process. Encourages the
council to considershowing support for the coalition that has been formed. Commented on the watershed as a"village"
and suggested that the community needs to set an example to protect this environmentally sensitive area.
Richard Hart of the Ashland Watershed Stewardship Alliance clarified for council that Altemative 5 removes large trees
to compensate the program and Alternative 4 does not. Hart stated that the Forest Service put together a timber sale to
the best of their ability to cover costs,but suggested that he advocates Alternative 4. Explained that there is a need to
look at the economics of cutting smaller diameter trees to provide for a broader treatment of the land. Shaw asked how
the city could help make this a success.
Reid clarified that there is a Finance Committee that would approach the city in the case of a request for funding,and
emphasized that Hart was present when the Forest Commission developed their recommendation. Reid suggested that
since the Forest Commission recommendation came out of cooperation with the Alliance, it would be better for the
City Council Meeting 10/05/99 Page 5 of 9
council to endorse the Forest Commission's recommendation. Hart stated that there is a need to be far along in a �
recommendation to the Forest Service by October W. Emphasized the quality of the technical review team.
Shaw questioned what the city can do at this point, given that the next council meeting falls after the deadline for a
decision. Hart suggested that his understanding was that the Forest Service hoped the city would share in the liability
in the event of a fire.
Hart stated that what is new is that the community recognize that decisions are not just to be left up to the Forest Service.
Emphasized that this is just being worked out,but that partnerships are developing.
Shaw questioned what the city can do that will work,satisfy the Forest Service's needs,and meet the timeline.
Laws emphasized that the council does not have final say on this matter anyway,and can only give advice. Suggested
that the council endorse the compromise being reached in accordance with the principles set forth by the Forest
Commission. Stated that it was important to make it clear that the council is open to looking at other types or degrees
of involvement on the part of the city to make this work.
Hauck stated that he was unwilling to support alternative#5 at this point,but stated that he would like to support a letter
from the Mayor endorsing the principles set forth by the Forest Commission and the efforts to reach a common ground.
Hanson noted that he would be interested in taking a tour of the area if any one present would be willing to take him
into the watershed.
Brothers noted that District Ranger Linda Duffy would have the discretion to take comments after the 18'deadline.
Shaw stated that she would speak with Duffy,and if it were amenable to her,the item would come before the Council
at it's next meeting on the 18'prior to Shaw's preparing a letter. If this would not work with Duffy's deadline,Shaw
stated that she would draft a letter as discussed tonight,merging the principles proposed by the Forest Commission and
the Ashland Watershed Protection Alliance's efforts at compromise.
Mayor Shaw called a break until 9:15 p.m.
3. Motion to Adopt findings regarding LUBA Remand No.98-166,Hunt,et.al.v.City of Ashland.
This item was moved to the October 19"council meeting.
4. Request by Falcon Cable Systems Company II, L.P.,to Consent to the Transfer of Control of Falcon
Communications,L.P.to Charter Communications Holding Company,LLC.
City Attorney Paul Nolte noted that he had submitted a memo to council with their council packets,and explained that
since that memo was issued,he had spoken with Charter Communications regarding some of the issues outlined in the
memo.
Nolte summarized the three issues raised in his memo: 1)That Charter was not authorized or qualified to do business
in the State of Oregon;2)That there are on-going negotiations with US West over poles owned jointly by the City and
US West; 3)That the City would need a commitment from Charter to comply with Ashland's Telecommunications
Ordinance.
Nolte explained that Charter's response to#I was that they are not required to qualify to transact business in Oregon
because this request is not a request to change a franchisee but rather to acquire a general partner. Since Falcon is
authorized to do business in Oregon,thew general partner is also authorized. Nolte stated that while he is not absolutely
certain,he is satisfied that this is not something the City needs to insist on as the franchisee remains the same.
Nolte stated that the letter stated,and he has confirmed,that good faith negotiations are on-going with US West,but he
has been unable to ascertain how close the parties are to reaching an agreement.
Nolte noted that there is an FCC rule requiring that a local jurisdiction react within 120 days of initial filing or consent
is presumed. Nolte pointed out that there is some reluctance on the part of Charter to commit to total compliance with
the TelecommunicationsOrdinance. Nolte requested that council not take any formal action at this time and direct staff
to bring back a formal resolution that may be amenable to all parties for approval at the next council meeting.
City Council Meeting 10/05/99 Page 6 of 9
Shaw suggested placing this item as Unfinished Business on the next agenda so that it can be dealt with prior to the
expiration of the 120-day deadline.
5. Presentation and discussion regarding Tolman Creek Neighborhood Planning Process.
Community Development Director John McLaughlin explained that due to grant monies received,the Tolman Creek
Road Neighborhood Plan has been possible. Moving ahead with the neighborhood plan which utilizes a multi-faceted
approach, transportation and growth management. Explained that this is a three-pronged approach (separate but
concurrent)which involves neighborhood plan/land use issues, LID/Street improvements, and Croman Corporation
Grants and Improvements.
ORDINANCES,RESOLUTIONS AND CONTRACTS
1. First reading by title only of"An Ordinance Amending the TelecommunicationsTitle 16 of the Ashland
Municipal Code to Add Provisions Regulating Cable Serviceand to Clarify Requirements for Grantees."
Nolte noted that there have been several suggested amendments,which were included in his council communication
and delivered to the councilors by Hauck at the last meeting. Explained that if the council were agreeable, these
amendments could be incorporated into the ordinance,and read aloud at the second reading.
Shaw suggested going through the ordinance to discuss the amendments and any necessary changes. Under the August
'99 amendments,Shaw questioned the new B in section 5. Nolte explained that the proposed amendment was intended
to combine three items. In section 8,the new item 2,Shaw noted that"aboveground"should be two words. Shaw asked
if section 8, item 3 could be clarified. Nolte explained that the"not less than two working days"advance notification
in section 12 on page 7 was at the request of the department,and is what is being used in practice now. Shaw pointed
out that the adjectival form"above-ground"should be used here,and suggested doing a global search of the document
for occurrences of this word.
Hauck emphasized that his amendments have to do with the adopted Telecommunications Policy, and are meant to
protect the City's right of way and promote universal access to communications services for all Ashland residents.
Nolte clarified for Shaw and Hauck that the last item in section 25 dealing with ORS 456 and 457 is part of the franchise
agreements,and was included here at the request of US West. Stated that he was not aware of the history of the item,
but believed that the city has the right to require this even though it has not been done before. Confirmed that if
removed as suggested by Hauck,it would also require undergrounding if there were a public housing project put in.
Hauck explained that the section dealing with effects on public health, safety or welfare has to do with the use of
hazardous materials, as well,as traffic issues and the disruption or business, all of which fall under the city's police
power.
Nolte confirmed for Shaw that he saw no problem with adding these amendments on second reading.
Councilors Hauck/Reid m/s to move the ordinance to second reading,incorporating the amendments proposed
by Councilor Hauck and listed in the council communication prepared by City Attorney Nolte. DISCUSSION:
Shaw requested that a clean copy of the amended ordinance be provided at the time of second reading. Roll Call
vote: Hanson,Hauck,Laws and Reid,YES.Motion passed.
Council commended Hauck on his excellent work in preparing this item.
2. First reading of"An Ordinance Adding Section 2.04.095 to the Ashland Municipal Code to Establish
Fiscal Priorities for New Programs."
Moved to October 19"Council Meeting as Fine and Wheeldon were absent.
3. Reading by title only of "A Resolution Authorizing the Acquisition of an Easement to Construct,
Operate,Repair, Maintain and Replace a Sanitary Sewer Line(Lewis Property)."
Pulled from agenda as Lewis signed an easement for the property prior to council meeting.
City Council Meeting 10/05/99 Page 7 of 9
4. First reading of"An Ordinance adding section 11.48.040 to the Ashland Municipal Code authorizing
certain employees of Southern Oregon University to issue Citations for Minor in Possession of Alcohol
and for Unlawful Possession of Less than an Ounce of Marijuana."
Laws questioned the ORS provisions cited on the second page of the handout provided to the council. Chief of Police
Scott Fleuter explained that the items listed were provided by the Director of Security for the University as supporting
information to justify the request. Laws suggested that the"stop and frisk"and"probable cause arrest authority" given
in the ORS should cover the request being made. Fleuter explained that while campus security has arrest authority they
do not have the authority to issue citations. Nolte confirmed that campus security officers presently do not have the
authorityto issue citations in lieu of making an arrest. Nolte also explained that the right to issue citation can be granted
by law to individuals other than peace officers,and explained that he interprets"by law"to mean by city ordinance.
Joey Ngan,SOU Director of Security,explained that campus security officers are typically the fast responders to any
incident,and they work in conjunction with the city police. Noted that his classified officers(not the student helpers)
are commissioned peace officers and have certain authority,and explained that they are dispatched by Ashland Police
dispatch and typically are with a police officer on every call. Explained that in minor infraction, where it is not
necessary to make a custodial arrest,they would rather be able to summarily issue a ticket rather than waiting on the
scene until a police officer arrives to issue the citation. Noted that Judge Drescher did not have a problem with this
proposal. Ngan noted that this would greatly reduce necessary paperwork, as the police would not need to issue
citations on minor matters.
Fleuter confirmed that this would be beneficial in freeing up police officers at busy times,and they are confident in the
SOU officers' abilities. Noted that city citations will be used,and the cases will go before the municipal court. Also
stated that the Police Department would provide training as necessary to ensure that the campus officers are adequately
prepared.
Ngan stated that in 1998 they issued 24 minor in possession citations. Emphasized that they are not trying to change
the goal of enforcement,simply the method.
Councilors Hanson/Reid m/s to approve first reading and place on the agenda for second reading. Roll Call Vote:
Laws,Reid,Hanson and Hauck,YES.Motion passed.
5. Reading by title only of"A Resolution Approving the Oregon Utility Resource Coordination Association
Intergovernmental Agency Agreement.
Councilors Hauck/Reid m/s to approve Resolution#99-59. Roll Call Vote: Hauck,Laws,Reid,and Hanson
OTHER BUSINESS FROM COUNCIL MEMBERS
Reid would like to speak about agenda guidelines for"special presentations." Suggested that these should be items that
do not require action or discussion. Reid stated that she would like to go over guidelines,as there have been rules in
the past which guided placement of items on the agenda. Laws stated that presentations should be largely ceremonial.
Laws noted that a letter had been received from John Daggett on the possibility of a cooperative effort to pave as many
parking lots as possible for dust abatement. Laws read from the letter where Daggett noted meeting with Freeman and
being told that if the School District covered materials costs,the city could provide equipment and personnel to pave
Lincoln,Middle School,and possibly other parking lots. Daggett suggested encumbering remaining bond resources
to make this a reality.
Councilors Reid/Hauck m/s to place this item on the agenda for discussion. Voice vote: All AYES. Motion
passed.
Reid stated that this is a good idea as it would fight dust and track out. Freeman pointed out that he had mentioned this
to Public Works Director Paula Brown and she thought that the crews would have ample time for a project this size.
Reid noted that it should be brought back on the next agenda. Shaw noted that she would also like to see some
crosswalks at the middle school included in the work to be done.
Laws noted that the Traffic Safety Commission has identified working on traffic safety issues at schools, such as
crosswalks, as a goal for the next year,and could work on the middle school crosswalks for this project.
City Council Meeting 10/05/99 Page 8 of 9
ADJOURNMENT
Meeting was adjourned at 9:59 p.m.
Barbara Christensen,City Recorder Catherine M. Shaw,Mayor
City Council Meeting 10/05/99 Page 9 of 9
1
MINUTES FOR THE STUDY SESSION MEETING
ASHLAND CITY COUNCIL
September 9, 1999
Civic Center Council Chambers, 1175 E. Main Street
CALL TO ORDER
Councilor Laws called the meeting to order at 12:00 p.m. in the Civic Center Council Chambers.
IN ATTENDANCE
Councilors Laws, Reid, Hauck, Hanson, Wheeldon, and Fine were present. Staff present: City Administrator
Freeman, Administrative Services Director Dick Wanderscheid, Assistant City Administrator Greg Scoles,
Telecommunications/Marketing Manager Ann Seltzer, Public Works Director Paula Brown, and Water Department
Superintendent Mike Morrison.
DISCUSSIONAND PRESENTATION OF THE DRAFT STORM WATER AND DRAINAGEMASTERPLAN
Brown presented council with the draft plan and discussed the work being done in the Roca and Paradise areas, and
noted that final drainage cost analysis and financing plan will incorporate elements of the OTAK report with what
needs to be done in the Roca and Paradise Creek drainages.
Consultant Jim Harper of Tetra Tech/KCM noted that they had looked at the Ashland Creek storm sewer system in
preparing this plan,but not the creek itself. Explained that this plan,which updates what was done in 1985, is a head
start on meeting new national pollution discharge standards. Noted that the plan addresses drainage and water
quality, and includes pipe systems, culverts, and creeks.
Harper explained that the city was made up of 9-10 creeks and 3-4 basins, and discussed the methodology of the,
study. Also noted how recommendations are shown on the map.
Noted the need for a new storm sewer system down Nutley Street to handle the new Strawberry Lane development
and the need for a large storm sewer system that would address Beach Creek and Mountain Creek flooding into one
overflow pipe to discharge into a water quality structure downstream before entering Bear Creek.
Consultant Mike Faha of GreenWorks suggested calling the plan The Ashland Watershed Management Plan or The
Ashland Urban Natural Resources Protection Plan. Emphasized that the report represents state-of-the-art thinking
in addressing more than just pipe sizing and location, and noted that the plan looks at water quality as well as flood
control. Explained that this report looks at creeks holistically as part of the urban infrastructure to achieve multiple
objectives: water quality improvements, wildlife habitat enhancement, and community building.
Discussed Clay Creek, looking at page 4-20, reaches CL-1 through CL-8 of the creek, noting that this section was
examined through field observations or aerial photos. Noted the protection measures which have been identified here
as channel stabilization, riparian enhancement and community enhancement.
Explained the community enhancement element as a city budget item wherein the city would go into neighborhoods
and work with residents to clean up creeks. The city might provide materials, plants, topsoil, and equipment,while
the neighborhood would provide the labor.
Reid questioned whether flooding problems were addressed. Harper explained that the study looked at capacity of
structures underneath roads, and identified creek flows. Explained that creek carrying capacity could be observed
by looking at bank erosion during field studies.
Reid asked about how the study observations addressed flooding that occurred at the Ashlander Apartments. It was
explained that this flooding likely had to do with the failure of the culvert at the site. Suggested replacing the culvert
and putting in a water quality facility to trap sediment prior to its entry into the culvert.
Ashland City Council Study Session September 9, 1999 Page I of 5
C
Discussed the driving factors behind this study, in addition to the Clean Water Act and the NPDS permit, as the
state's identification of Bear Creek as a water quality limited stream for temperature and bacteria. Also cited this
study as a response to LCDC Goal 5 need to maintain buffer zones for riparian protection.
Noted other non-structural project recommendations, including the adoption of a development standard to require
detention on site for water quality treatment prior to discharge and to require buffer zones. Also suggested a
Watershed User's Manual as a tool for public education.
Fine questioned the costing schemes in appendix A, noting the variation in amounts given there. Consultant
explained that this appendix lists the 5 alternatives to alleviate flooding of Beach and Mountain basins. Stated that
this will be expensive because of the existing development, and noted that pipe will need to be up-sized and detention
provided. Discussed possible alternatives for piping and detention systems. One alternative, outlined in 5-1, was
suggested as the most preferable in both construct ability and cost. This would involve going down Mountain
Avenue, and discharging just downstream of the railroad tracks.
Fine inquired about funding sources. Brown stated that she would bring information back to the council on the SDCs
and fees. Noted that current SDCs include a larger capital improvement than that included here, and explained that
she will adjust this and other factors and bring information back to the council.
Faha discussed the need for design standards to address storm water quality. Emphasized that future development
cannot take care of existing problems, and suggested that while development could heretofore take care of itself,
capital improvements might be necessary to address issues with existing development.
Brown confirmed for Reid that all storm water now goes into creeks. Reid questioned how road pollutants are kept
out of the creek. Brown explained that these are addressed in management practices and maintenance programs.
Discussed possible measures that could be used to deal with vehicular pollutants.
Laws questioned the costs listed in Appendix A, which only covers two drainage areas. Consultants explained that
Chapter 5 summarized the cost for pipe systems, and Chapter 4 covers stream restoration cost. Noted that the
detailed costs are also discussed under the storm sewer systems. Confirmed that there is not presently one location
listing all costs, but that a table will be prepared and distributed.
Discussed how this plan will be phased in, with the consultant noting that they have prioritized projects and looked
at phasing in the different elements over twenty years.
Consultant suggested that cleaning up erosion control efforts by placing reasonable standards that developers can
meet,and enforcing these standards,would go a long way toward improving water quality. Brown noted that erosion
control can be dealt with immediately by contacting developers where erosion is a problem. Discussed that this could
be handled through development standards and possibly an ordinance.
ELECTRIC DEREGULATION IN OREGON UPDATE
Administrative Services Director Dick Wanderscheid gave an update on the solar generation program. Noted that
funding has been received from the Bonneville Environmental Foundation, and stated that firm commitments have
been received by the US Post Office, Southern Oregon University, and the Oregon Shakespeare Festival for cost
sharing, and the power generated will be sold to interested Ashland citizens at an additional cost of$4 per month.
Explained that only 170 citizens would need to participate to make this program feasible. Noted that revenue will
be used to pay back the cost share participants' investments for the first twelve years,and explained that the program
would then revert to a net-metered system.
Wanderscheid also noted that the Oregon Office of Energy and Avista Corporation approached the City to express
Ashland City Council Study Session September 9, 1999 Page 2 of 5
i
an interest in solar generation, and might be willing to offer tax credits. This would mean that Avista would cover
29% of the costs. Pointed out that Bonneville Power is interested in putting in some solar generators in Ashland to
feed into their Green Power program, and suggested that this would likely involve a system being put in at the
Middle School, complete with an educational kiosk.
Wanderscheid explained Senate Bill 1149,which deals with the deregulation of privately owned utilities in Oregon.
Emphasized that the bill clearly recognizes the difference between public and private utilities, and explained what
the bill would mean for private utilities in Oregon.
Noted that franchise fees will continue, and that many cities will be going to a volumetric franchise fee, rather than
revenue based charges. Also stated that there will be consumer protection standards put into place in the event that
energy marketers come into the state.
Wanderscheid noted that the opening of electrical systems for municipal utilities and PUDs will be left to the
discretion of local elected officials. Also explained that transition charges and stranded costs could be added to bills
where systems were opened, and that if opened there would be a requirement to add a 3% public purpose charge to
the bill and spend it locally. Wanderscheid pointed out that conservation spending in Ashland already exceeds this
amount.
Wanderscheid explained that the city is required to establish a low-income bill paying assistance program by October
of 2000. Discussed the existing low-income assistance program,and noted that the law does not give much direction.
Suggested that the city would likely need to put some utility funding into this program in addition to the donations
which currently fund the existing program.
Reid suggested selling blocks of energy in a manner similar to the British model, and asked that this be discussed
at a later date.
Wanderscheid discussed options for franchise fees, and discussed late-case possibilities for Bonneville Power
Administration(BPA)in the event that the utility was to be opened voluntarily. Suggested that the city would still
be responsible for paying for lost loads if the system were opened voluntarily.
Concluded by noting that Pacific Power is challenging this bill, and confirmed for Hauck that there is no deadline
for a decision to open the system.
Wanderscheid noted that the solar systems proposed would not be adequate to make the buildings housing them self-
sufficient, but noted that discussion has occurred with the Fish&Wildlife Forensics Lab about giving them a solar
power back-up system for their critical systems. Also noted that Home Power magazine is thinking about opening
a 100%-solar office in Ashland, and that Risa Buck has a 100%-solar house on Oak Street.
GREEN POWER DISCUSSION
Director of Electrical Utilities Pete Lovrovich discussed the BPA rate-case issue raised by Wanderscheid. Noted
that he has worked with BPA, and they are proposing a status quo rate-case. Discussed the summer peak scenario
found in Ashland and how it affects rates, and suggested that the likely upcoming rate increase would be no more
than I% annually. Emphasized that this is subject to change, but that everything looks very good at this time.
Lovrovich gave the council a brief update on Green Power. Noted that he had provided council with a memo from
BPA on renewable energy resources. Hauck noted that in Klamath Falls, roughly a quarter of customers chose to
pay more for Green Power. Lovrovich noted consumer desire that the utility be a leader in environmental programs.
Stated that there is a willingness on the part of consumers to pay anywhere from 1-15% more for more
environmentally sound power. Stated that he could bring further details back to council as desired. Council
requested previous city survey data on citizen interest in Green Power. Lovrovich discussed approaches taken by
Ashland City Council Study Session September 9, 1999 Page 3 of 5
r
some other Northwester utilities.
Laws noted that he was interested in getting further information, and asked that there be documentation that power
sold as "green" would actually be produced in an environmentally sensitive manner. Lovrovich explained that by
supporting the Green Power program, citizens would be reducing the amount of resources used to produce power
used in Ashland. Emphasized that this would be clearly explained in promotional materials. Wanderscheid noted
that Green Power would likely be purchased from Bonneville Environmental Foundation, and would be American
Rivers-endorsed hydro-power.
Council indicated their preference that staff bring back further information on options for Green Power.
COUNCIL TRAVEL AND EXPENSE POLICY DISCUSSION
Freeman noted that the City Recorder had provided a good deal of information on the history of this policy,but noted
that the policy has never been formally adopted as an ordinance or resolution. Questioned whether this policy is
binding on the current council. Emphasized that the policy has not been revisited since 1991, and that he was
unaware of it as it is not codified. Asked council for direction, and suggested that if council wants a policy of this
type that it be brought back as a resolution.
Laws asked that this matter be placed on the agenda for the next meeting, as it is a policy matter. Noted that this
was adopted in 1991, but has not been revisited or followed since.
Freeman noted that he would bring forth a draft resolution and put this item on the agenda. Hauck asked that
budgeting be set aside for attending conferences and programs for groups for which the city has membership or upon
which the councilors serve. Noted that there would need to be an annual review to account for cost of living.
Fine suggested that any policy needs to differentiate between personal training and city business, and further to
differentiate between training that relates directly to service on the council versus training that might be of incidental,
general benefit.
Laws suggested that a flexible policy is needed, but recognized that there does need to be a policy in place so that
decisions are based on more than the judgement of the City Administrator.
City Recorder Barbara Christensen explained the difficulty encountered with a non-codified policy being brought up
by citizen inquiry. Emphasized the need of making policy documents easily located and a tracking process, such as
resolutions.
EVALUATION OF CITY ADMINISTRATOR
It was noted that this evaluation would occur on September 23`4,and councilors were asked to return their evaluations
to Fran in Administration or to the Mayor by September 17".
COUNCIL WORKSHOP
Freeman noted the need to discuss possible dates for the upcoming council workshop and strategic planning after the
executive session.
The study session was adjourned to executive session at 1:20 p.m. The study session was reconvened at 1:43
p.m.
DISCUSSION OF W WTP OPTIONS
Laws noted that it might be possible to get a modification of the DEQ permit with regard to the .08 standard.
Brown noted that Bob Eimstad from Carollo Engineers had previously indicated that .08 was a possibility, but that
Ashland City Council Study Session September 9, 1999 Page 4 of 5
the question had to do with the cost of meeting new temperature regulations.
Laws questioned the cost and effort involved to look into this and bring back a cost estimate to put the effluent back
into the creek. Brown noted that the previous estimate could be refined, but that there would likely be a consultant
cost of$3,000 - 5,000 to make sure that information is concise and up-to-date. Also noted that bio-solids are a
separate issue that needs to be dealt with.
Freeman expressed concerns with the 30-50% rate increases necessary if effluent were returned to the creek and bio-
solids dealt with on-site at level IV/tertiary treatment.
Reid noted that she believes that other alternatives could be looked at, rather than rate increases. Suggested that the
food and beverage tax and SDCs are options. Emphasized that there is a need to look at alternatives.
Discussion, noting that there would be some effect on rates even if the food and beverage tax were continued.
Fine expressed concern with use of the off-site for bio-solids, and suggested that the city buy into Bear Creek Valley
Sanitary Authority (BCVSA) and use the TAP intertie trench to provide connection for wastewater and drinking
water. Brown explained that this has been discussed previously, and council previously decided to pursue other
options. Fine suggested that if drinking water were not being drawn from Ashland Creek,the need to retain effluent
would be eliminated. Brown pointed out that there would be a need for separate trenching, as drinking water and
wastewater must be separated by some distance.
Discussed the Medford Water Commission's interest in a redundant system for the valley, and possible alternatives
from this perspective. Requested that Brown bring back costs of possible options again for further council review.
Brown noted that putting water back into the creek to meet the .08 standard is feasible, but that she would need to
look further at the feasibility of meeting temperature requirements. Emphasized that returning water to the creek
would not be any cheaper than it was a year ago. Stated that returning water to the creek is a policy decision, but
that she can bring further information back to council if they so desire. Brown emphasized that she would need to
do further research to determine the cost of meeting temperature requirements.
Reid expressed concern with continuing on course toward spray irrigation off-site, and indicated that she would
prefer not to pursue this matter on appeal. Hauck questioned giving credibility to unrealistic fears by changing
course now.
Laws noted his concern about the possibility of holding water behind the dam at Emigrant during a drought year and
the possible effect on fish that this might have. Brown noted that there was ample information from RVCOG
available on this issue, and she could look into it and get back to council.
Council consensus that Brown would bring back information that had been previously provided, with any updates
addressing issues such as temperature, for further council consideration.
Reid noted that she did not approve of moving ahead with the appeal case.
ADJOURNMENT
The study session was adjourned at 2:13 p.m.
Submitted by
Barbara Christensen
City Recorder/Treasurer
Ashland City Council Study Session September 9, 1999 Page 5 of 5
MEMORANDUM
October 19, 1999
TO Mayor Cathy Shaw and City Council
FROM Keith E. Woodley, Fire Chief
SUBJECT Wes Eaton Thirty Year Service Recognition
On September 1, 1969, Wes Eaton began his fire service career serving the
citizens of Ashland as a paid firefighter with the Ashland Fire Department. Prior to this
date, Wes worked as a summer wildland firefighter for the Ashland Ranger District. In
this capacity Wes's firefighting abilities were put to the test on Saturday, August 8, 1959,
when two small arson-caused fires in manzanita and brush erupted into the 2,000 acre
forest fire we know as the "Ashland Canyon Fire." Wes worked as part of a ground crew
to help control the fire before it could sweep into the Ashland Watershed.
Wes was raised in Ashland, where his parents operated a bowling alley for many
years. Over the last twenty-five years, Wes has become a well-known and familiar face
to the citizens of the community. His good-natured personality and kind-heartedness
has endeared him to those he associates with. He has risen through the ranks within
the fire department, serving in capacities as Engineer, Battalion Chief and Captain. Wes
has many skills and abilities that have resulted in the reduction of operating costs for the
fire department. In addition to managing the protective clothing, uniforms and safety
programs for the department, Wes has the ability to repair almost anything. His mastery
of vehicle painting and body work has been relied upon all too often within the
department.
As Wes enters his 31st year of service to the citizens of Ashland, we honor him
for his contribution to our community. Some day he will choose to retire, and we will
then have lost an important source of department history. When that day arrives, we will
wish him well and always cherish the privilege of having associated with him.
;Rm�
M
PROCLAMATION
WHEREAS, one out of nine women will develop breast cancer during the course of her
lifetime; and
WHEREAS,, approximately 2,100 Oregon women are diagnosed with breast cancer each year
and 500 Oregon women die,of breasv can cer each year; and
WHEREAS, breast cancer is an"issue which aflects our families and our communities-; and,
yx WHEREAS, the five..year survival rate for early stage breast,cancer (which has not'spread to
other ti§s;,66s) ha§'risen fr6m-,72 perceru,,ir�A�-1940s to.approxiffiately 97"'. zz
percent,,m;1999;'arid'
WHEREAS, early detection is the best defense for saving women's lives and early detection is
mbst effe'etive whdri'i'Cincludes self-exam;clinical breast exam and-
niam.rn o aphy; and
gri
WHEREAS, new partnerships are.being developed among local health departments, health
care providers, coI mmunitimand volumay
organizations to assure that early
detection.education
and screening,servic es are
available to all Oregon women.
NOWJHEREFORE','I, Catherine Shaw,, Mayor of the City of Ashland, do hereby proclaim
October 1999 to be
NATIONAL BREOT CANCER AWARENESS MONTH
In Ashland and urge all'W�dmen and their families tojoin in this observance.
Daterl'this 19' day of October, 1999.
Barbara Christensen, Recorder
Catherine M. Shaw, Mayor
PROCLAMATION
WHEREAS, the 1999 National Red Ribbon Celebration is October 23 through
31 and a
WHEREAS, today the Red Ribbon symbolizes the commitment of countless
citizens across America working to eliminate substance abuse in their
communities, and;
WHEREAS, this campaign is designed to:
♦Create awareness concerning the alcohol and other drug problems facing
® every community.
® ♦ Increase resiliency through opportunities for meaningful participation by
showing care and support.
♦ Build community coalitions to implement comprehensive alcohol and other
drug prevention strategies.
♦ Support healthy, drug-free lifestyles.
THEREFORE,we urge the citizens of Ashland to join your children, friends,neigh-
bors, community, and Southern Oregon Drug Awareness in this exciting celebration
by wearing a red ribbon,plant red tulips, listening to a drug awareness presentation,
sharing substance abuse information with your children, helping a friend who is
abusing drugs or by seeking help for yourself if you have a drug dependency problem
during this week to demonstrate to others that you are committed to a drug-free,
healthy lifestyle; and
NOW,THEREFORE, the Mayor and City Council of the City of Ashland do hereby
proclaim October twenty-third through thirty-first as
1999 National Red Ribbon Celebration Week
Dated this 19'day of October, 1999.
Barbara Christensen, Recorder
Catherine M. Shaw, Mayor
MINUTES FOR THE STUDY SESSION MEETING
ASHLAND CITY COUNCIL
October 6, 1999
Civic Center Council Chambers, 1175 E. Main Street
CALL TO ORDER
Mayor Shaw called the meeting to order at 12:00 p.m. in the Civic Center Council Chambers.
IN ATTENDANCE
Councilors Laws, Reid, Hauck,and Hanson were present. Staff present: City Administrator Freeman,Assistant City
Administrator Greg Scoles, Public Works Director Paula Brown, Water Department Superintendent Mike Morrison,
Community Development Director John McLaughlin, Pieter Smeenk, and John Peterson.
PRESENTATION OF INFORMATION ON THE PROPOSED JURISDICTIONAL EXCHANGE WITH ODOT
ALONG HIGHWAY 99
Public Works Director Paula Brown introduced Monty Grove and Delby Tims, from Oregon Department of
Transportation(ODOT),as well as Pieter Smeenk from the City's Engineering Department, John Peterson from the
Street Department,and Water Department Superintendent Mike Morrison.Brown explained that today's discussion is
to make clear the intent of a jurisdictional exchange as well as to make council aware of concerns that have been
identified by the staff. Stated that after staff and ODOT have had the opportunity to speak,the item could be brought
back to council for a decision. Noted that the focus has been Siskiyou Boulevard between 4'Street and Walker Avenue,
as this is the part in the modernization portion of the State Transportation Improvement Plan(STIP).
Emphasized that this has been under consideration for at least 12 years,but that this section of Siskiyou is now in the
STIP for construction to occur in 2002. Explained that as part of the 1999 Highway Plan,the city would need to take
jurisdiction over the modernized portion of the road. Pointed out that this would allow the city to maintain this section
to city standards,rather than relying on state standards,and that this would allow shrinking the median strip and adding
bike lanes without ODOT approval. The catch is whether the city can afford this responsibility.
Brown discussed the range of possible costs based on what might be done,and noted that in the exchange,ODOT would
provide twenty years worth of maintenance funding. Noted that the amount of maintenance funds is still under
discussion,but is currently suggested at$431,000.
Brown suggested that the questions to ask are: 1)Do we want control? and 2) How would we maintain this section
differently? Explained that the council needs to decide if it is worth some financial risk to take jurisdiction of this
section Siskiyou Boulevard to make it a city street.
Brown clarified for Reid that the funds determined by ODOT for twenty years of maintenance may be a different
amount than the city would determine for that maintenance,as ODOT uses a specific formula based on the facilities
present.
Brown noted that the present condition of the Boulevard is"below fair,"but that with the modernization project it would
be brought up to new condition. Emphasized that the value of this modernization is substantial,but that the maintenance
funds would be based on"fair or better"condition when the road would actually be like new.
Reid questioned modernizing this section when the city wants to redesign this section with bike lanes. Asked for an
explanation of the difference between modernization and what the city has in mind.
City Council Study Session 10/06/99 Page 1 of 4
Brown stated that if Ashland accepts a jurisdictional exchange,the finished project would be up to the city within the
constraints of the$1,785,000 budget that ODOT has set forth. Brown reiterated that the Siskiyou redesign would look
like whatever the council wanted it to,and after$1.8 million was spent the city would have a new facility in any design
or configuration chosen.
Clarified for Reid that there would be some substructure work necessary because of the saturated decomposed granite
base and the need for storm drain facilities at Mountain Avenue,and that this substructure work would need to be done
by city crews at city expense. Brown confirmed that some of these funds were already budgeted, but that some
coordination would need to occur.
Brown clarified for council that if the city chooses not to accept the transfer of ownership,then ODOT will complete
only a preservation overlay project estimated at$632,000 and keep the street section in"fair"condition.
Brown explained that after twenty years,there would be the need to program the maintenance costs into the budget,and
suggested that the biggest question in her mind has to do with the drainage and subsurface concerns. Noted that a
conservative estimate of city work might be 1/3 of a complete dig-out down to a couple of feet,which may mean some
cost for the city. Brown noted that Grove could answer the question of ODOT would provide additional funds for this
work,but also stated that there might be a possibility of putting this issue on a ballot with RVACT to cover additional
costs.
Brown noted that maintenance costs have been looked at.
Monty Grove explained that the$1.78 million amount was put forth as it was the only money available. Stated that
ODOT is interested in coming up with a fair amount of what the costs would be,but that they do not want to be involved
in covering contingency costs.
Grove clarified that there would be a different cost involved if street is upgraded because it would cost considerably
more to maintain the street in its present state than if it were upgraded before the exchange.
Brown clarified for Reid that the costs associated with stop signs,signal replacements,repair etc.have been included
in the cost of the project. Brown also noted that the city can contract out for signal maintenance as desired through
the county or the state.
Reid stated that the city needs to consider the maintenance costs associated with streets that we take jurisdiction over
in the future. Questioned how we will prepare ourselves, budget-wise, to cover future maintenance costs. Brown
explained that maintenance funds received would be placed in the bank,and the facility maintained. The city would
then need to look at user fees and transportation fees just as is done in long-range budgeting for any other capital
improvement projects
Shaw compared this situation to any street put in by a developer during new construction projects. Emphasized that
there have not been discussions to determine where future funding would come from to cover maintenance costs.
Suggested that while this exchange is being framed as a great deal for ODOT,it is in her view a great deal for the city
as well. The exchange gives the city the opportunity to take over this dangerous section,add traffic calming measures,
and end disagreements with ODOT over how the street needs to be designed/maintained.
Brown explained that the focus brought forth to council at this point is just 4'to Walker,as it is a better deal than just
getting jurisdiction of the street; it includes a modernization project at$1.8 million,plus a minimum of$430,000 for
maintenance. Without the modernization project,ODOT would give the city$1.4 total for maintenance,but this would
put the city almost$800,000 behind. Brown suggested that looking at the rest of Siskiyou and Highway 66 should be
looked at in similar fashion,so that the streets could be modernized prior to jurisdictional exchanged. Emphasized that
this would mean the streets were new and to city standards before the exchange occurred.
City Council Study Session 10/06/99 Page 2 of 4
Laws suggested that the exchange sounded financially feasible,with the only question being the subsurface concerns.
Stated that streets in cities,primarily carrying traffic into and out of the cities,should be the responsibility of those cities.
Emphasized that the city should take this jurisdiction,and begin discussions over taking the jurisdiction for Highway
66 as well.
Reid explained that she feels obligated to look at all aspects of projects where the community is impacted in this way.
Stated that she is not necessarily opposed to the exchange,but there needs to be a clear explanation of the impacts on
the table before proceeding.
Shaw explained that citizen complaints are generally directed at the city when maintenance or standards of the streets
are not kept up,and many do not realize that this is not a city street. Stated that if this is the current view of the public,
it should make a big difference in perception if we were to take over jurisdiction.
Brown clarified for Hauck that other possible exchanges discussed would be as is,and do not include modernization
projects at this time. Brown stated that,with the exception of Washington Street,if the projects could be arranged to
meet modernization needs it would be a good idea to go in that direction. Brown stated that Washington Street is an
anomaly as it is owned by the state,and can be discussed as a sidebar issue.
Reid noted the ASHTO Standard,which are used as a base standard. Brown confirmed that city work on this section
would still be to ASHTO standards,and the section could not be removed from transportation use. Otherthan that,the
city can do as it sees fit with the section once jurisdiction is exchanged.
Brown stated that this project is in the construction budget for 2002 and there is a need to complete some of the detail
work. Explained that she will bring it back to council soon for a decision. Brown noted the need to begin considering
the make-up for a committee to look at design issues.
Freeman commented on the need to clearly designate the maintenance funds for this project, so there will not be a
temptation to use it elsewhere for future councils. Stated that Finance Director Jill Turner is looking at a way to best
accomplish this.
STRATEGIC PLANNING PROCESS FISCAL YEAR 2000-2001
Freeman explained the anticipated process for the 2000-2001 Strategic Planning Process. Stated that 13 key elements
have been identified;that priorities have been identified within the element areas;that the budget is aligned with the
plan;and that a report has been developed for council on implementation.
Freeman identified things that were missed, such as providing time for community input, employee input, full
development of the plan and scheduling time to discuss the draft plan.
Stated that there are community meetings and employee meetings planned, along with discussion time for plan
"elements" and a draft plan. Explained that performance measures will be tied to the plan and there will be tighter
integration with operations,departmental plans and the budget.
Freeman presented a strategic planning timeline which begins October 4'and continues to the adoption of the plan on
January0,2000. Explained the process that involves performance measurements,environmental scans,organizational
implementation and comprehensive plan updates. After a plan is adopted,there will be 13 elements identified,and four
of these elements will be adopted this year. Explained that it is unrealistic to try to update all elements of the
comprehensive plan, but that it would be feasible to take 2-3 elements that have priority, and update those elements.
The final step would be the adoption of the plan,which includes the elements.
Freemen explained that there are six main organizational drivers: Financial Plan,Strategic Plan,Organizational Focus
Areas, Balanced Scorecard,Performance Measurement and Department Strategic Plans. Stated that these will be part
of the budget process.
City Council Study Session 10/06/99 Page 3 of 4
Council expressed consensus on the proposed process.Reid voiced her need to have"open'time for discussion during
the strategic planning process. Freeman provided helpful handouts for council for the scheduled community forums.
ADJOURNMENT
The study session was adjourned at 1:18 p.m.
Submitted by
Barbara Christensen
City Recorder/Treasurer
City Council Study Session 10/06/99 Page 4 of 4
Council Communication
Finance Department
Financial Report for Year Ended June 30, 1999
October 19, 1999
Submitted by: Jill Turner
Approved by: Mike Freeman
Title:
Financial Report for year ended June 30, 1999.
Synopsis :
Attached is the City of Ashland financial report for the year ended June 30, 1999. The report
does not include the Parks and Recreation Commission resources and expenditures, which will
be presented separately to that commission. Unaudited, detailed Balance Sheets,Revenue, and
Expenditure reports are available for your review in the Finance Department office.
The Statements of Resources and Expenditures for the year ended June 30, 1999, are shown on
pages 5 through 19. The statements are prepared on the budgetary basis of accounting, which
emphasizes budget compliance. All expenditures exceeding 100 percent of the budget are
mentioned in the narrative. Expenditures are listed in the same classification as the adopted
budget showing budget compliance.
i Cash and Investments
As you will note on page 2, the overall 1998-99 cash and investment position of the city was
nearly equal to that of the previous year. The large cash gain was in the Wastewater Fund
($2,434,000), while many other funds showed a decrease from 1997-98. Thirty-five percent of
the total cash of the City was in the Wastewater Fund alone. This will decrease when the
construction of the wastewater treatment plant is completed. Another 14.3 percent ($3.1
million) of total cash and investment was under the direction of the Parks and Recreation
Commission. The chart on the next page shows that the City earned slightly above the Local
Government Investment Pool and US Treasuries, which is our base line. All investments
purchased are within the guidelines of the investment policy adopted in August 1998.
City of Ashland
Investment Earnings
6.00%
5.80% -
5.60%
'9540%-.
5.20% ---
N
0)5.00% -- --.24,80%
C
-4.60% -
4.40%
4.20% Sept 97 Dec 97 MUM June 98 Sept 99 Dee 99 MUM Juni 99
Date
LGIP CITY 4 Treasurys
GENERAL FUND
Budget Compliance
Resources were 110 percent of budget compared to 107 percent in 1997-98. Total expenditures
were 98 percent of the General Fund budget compared to 91 percent of budget in 1997-98. The
miscellaneous division was 26 percent over budget. This $2,713 overage was due to the write off
of bad debt expense on the Parsons Pine bankruptcy. All other General Fund departments were
within budget.
Fiscal Health
Actual revenues,which did not include carryover, increased $1,088,761 over 1997-98, and
revenues were stronger than projected. Hotel Motel Tax increased $47,000, or 5.9 percent, over
1997-98. Building Division revenues increased $86,000, or 20 percent, over the previous year.
Increased building activity corresponds to more system development charges, service connection
revenues, more utility customers, and sales in other funds. Likewise, Expenditures increased
$1,093,654. Personnel service and Materials and services costs increased 11 percent and 16
percent respectively.
The Band and Cemetery funds were combined with the General fund. The June 30th balance for
the General Fund of$1,480,892 was nearly identical to the combined balances of the Cemetery,
Band, and General Funds for the year ended 1998. This carryover exceeds the fund balance
carryover policy by $692,919, or 187 percent. This carryover exceeds the 1999-2000 budget
estimate by$306,000.
STREET FUND
Budget Compliance
There were no budget overages within the Street Fund.
2
Fiscal Health
Actual revenues,not including the carryover, increased$188,000, or 9.6 percent, over 1997-98,
while expenditures have increased even more. The fund balance declined $260,000 to $219,000,
which is the lowest level since July 1994. The system development fund balance reserve was
$300,000 leaving a negative $82,000 in the operating fund balance. Contributing to this decline
were the Sherman Street project and unusually high snow removal costs. Personnel Service and
Materials and Services costs increased 6.6 percent and 18.4 percent respectively.
AMBULANCE FUND
Budget Compliance
The Materials and Services category was approximately 4 percent over budget. This $19,948
overage was due to the large purchase of medical supplies in June to equip the new ambulance.
Fiscal Health
The Ambulance fund balance increased from $125,000 to $342,000. This large increase was due
to the over 15 percent increase in transports and charges for services and a decrease in overtime.
However, although more money was earned, the billing and collections have been slow.
Personnel Service costs decreased by 5.4 percent and materials and services costs increased 13
percent. This fund was combined with the General Fund in 1999-2000.
WATER FUND
Budget Compliance
There were no budget overages within the Water Fund.
Fiscal Health
Water sales increased $321,000, or 14 percent, over the same period in 1997-98,but only
$36,000, or 1.4 percent, over 1996-97. This was attributed to the summer of 1998 being drier and
hotter than the summer of 1997, which was cooler than normal. Expenditures were higher than
1997-98 resulting in a decline in the operating fund balance of$61,000. The Restricted System
Development fund balance continued to grow because collections exceeded expectations.
WASTEWATER FUND
Budget Compliance
This fund had no over expenditures.
Fiscal Health
Wastewater charges increased $112,000, or 5.8 percent, over the same period in 1997-98. The
Prepared Food and Beverage Tax also increased 4.5 percent over the same period. Again, this
was due to favorable weather and customer growth. The fund balance in the Wastewater Fund
increased by $2,420,000 to $8,430,000. This fund balance is expected to fall to$3,000,000 over
the next several years. This large fund balance will be used to construct the final stages of the
3
Wastewater Treatment Plant. The remaining flood restoration portion of this fund balance was
$416,000.
ELECTRIC FUND
Budget Compliance
The Operations Division was over budget by $204,033, or approximately 2.7 percent.
Unanticipated expenses occurred in maintenance of the hydroelectric generator, under grounding
of electric lines, and building remodeling.
Fiscal Health
The Electric Fund Balance, excluding the Telecommunications Division, decreased $261,000 to
$1,613,000. In addition, the Telecommunication fund balance was negative $112,677. The sales
of electricity decreased 3.8 percent, or$310,000. This decline was expected because of the July
1998 rate decrease.
CENTRAL SERVICES FUND
Budget Compliance
The Administration Budget was $22,113 over budget, or approximately 3 percent, proportional
to the overage on the Community Information program.
Fiscal Health
The fund balance in this fund decreased by $49,000 to $68,000, which was its lowest level in
several years.
SUMMARY STATEMENTS AND CARRYOVER ANALYSIS
The summary statements compare the 1998-99 revenues and expenditures with the previous year.
This shows that most categories of revenues and expenditures are increasing. The Carryover
Analysis shows the budgeted or expected carryover in comparison to the 1999-2000 budget. This
analysis is an indication of the accuracy of the budgeting by City staff. The final section is an
advanced look at the future of governmental accounting. It consolidates our financial
information into categories that we call Government Business, those functions that provide goods
and or services to the residents of the city for a fee similar to private business, and The Business
of Government, which provides for the management and security of the City. While the final
evolutions of this will collapse out all business transactions between the various fund of the City
this, in it's infancy, leaves the interf ind transactions in place.
Recommendation:
Staff recommends acceptance of the financial report as presented.
NAFinanciaL Statementskommentary.699.wpd
4
City of Ashland
Schedule of Cash and Investments
June 30, 1998 and 1999
June 30,
1998 1999 Variance
General Fund $ 1,666,581.87 $ 1,520,570.40 $ -146,011.47
Community Development Block Fund -29,530.28 -19,319.32 10,210.96
Street Fund 376,141.19 139,946.19 -236,195.00
Airport Fund 46,688.00 33,780.63 -12,907.37
Capital Improvements Fund 820,067.20 494,510.56 -325,556.64
Bancroft Bond Fund 112,109.04 215,969.99 103,860.95
General Bond Fund 319,049.63 309,112.60 -9,937.03
Debt Service Fund 87,220.17 103,130.19 15,910.02
Ambulance Fund 53,830.05 151,567.31 97,737.26
Water Fund 2,499,150.96 2,759,263.04 260,112.08
Wastewater Fund 4,933,157.64 7,367,718.31 2,434,560.67
Electric Fund 1,349,071.10 1,271,592.41 -77,478.69
Central Services Fund 329,198.61 333,974.62 4,776.01
Insurance Services Fund 1,625,043.21 1,235,856.98 -389,186.23
Equipment fund 2,031,178.73 428,785.59 -1,602,393.14
Cemetery Trust Fund 645,019.31 661,180.81 16,161.50
Total City 16,863,976.43 17,007,640.31 143,663.88
Ski Ashland Agency Fund 739,916.00 1,247,580.00 507,664.00
Parks & Recreation Agency Fund 3,203,207.49 3,056,025.78 -147,181.71
Total Cash Allocation $ 20,807,099.92 $ 21,311,246.09 $ 504,146.17
Petty Cash and Till Accounts $ 965.00 $ 1,015.00 $ 50.00
General Banking Accounts 303,989.38 614,839.61 310,850.23
Local Government Investment Pool 11,619,799.56 . 11,127,283.75 -492,515.81
Bankers Acceptances 2,288,830.14 967,595.00 -1,321,235.14
US Government Investments 6,593,515.84 8,600,512.73 2,006,996.89
Total Cash and Investments $ 20,807,099.92 $ 21,311,246.09 $ 504,146.17
Page 5
City of Ashland
Statement of Revenues and Expenditures
Budget and Actual
For the twelve months ended June 30, 1999
GENERALFUND
ACTUAL BUDGET VARIANCE
REVENUES
Taxes 5,492,205 5,187,000 305,205
Licenses and Permits 599,202 441,000 158,202
Intergovernmental Revenue 435,979 375,000 60,979
Charges for Services 599,775 526,000 73,775
Fines and Forfietures 163,872 203,000 (39,128)
Interest on Investments 89,440 59,000 30,440
Miscellaneous Revenues 84,586 67,000 17,586
Operating Transfers In 414,667 389,000 25,667
TOTAL REVENUES 7,879,726 7,247,000 632,726
EXPENDITURES
Human Resources 86,305 88,000 1,695
Eceonomic and Cultural Development 256,000 260,000 4,000
Band 48,585 50,000 1,415
Miscellaneous 102,713 100,000 (2,713)
Debt Service 75,102 76,000 898
Operating Transfers Out 500 1,000 500
Operating Contingency - 26,500 26,500
Police 2,618,707 2,637,000 18,293
Municipal Court 206,467 209,000 2,533
Communications 671,348 695,000 23,652
Fire 2,125,865 2,135,000 9,135
Cemetery 238,274 289,000 50,726
Senior Program 116,595 131,000 14,405
Planning Division 571,563 582,500 10,937
Building Division 428,006 438,000 9,994
TOTAL EXPENDITURES 7,546,030 7,718,000 - 171,970
Excess(Defeciency)of Revenues
over Expenditures 333,696 (471,000) 804,696
Working Capital Carryover 1,147,196 920,000 227,196
ENDING FUND BALANCE 1480892 449,000 1,031,892
Page 6
City of Ashland
Statement of Revenues and Expenditures
Budget and Actual
For the twelve months ended June 30, 1999
GENERALFUND
EXPENDITURES
ACTUAL BUDGET VARIANCE
HUMAN REVENUES
Materials and Services 86,305 88,000 1,695
TOTAL 86,305 88,000 1,695
ECONOMIC&CULTURAL DEVELOPMENT
Materials and Services 256,000 260,000 4,000
TOTAL 256,000 260,000 4,000
BAND
Personal Services 3,870 5,000 1,130
Materials and Services 44,715 45,000 285
TOTAL 48,585 50,000 1,415
MISCELLANEOUS
Materials and Services 102,713 100,000 (2,713)
Debt Service 75,102 76,000 898
Operating Transfers Out 500 1,000 500
Operating Contingency - 26,500 26,500"
TOTAL 178,315 203,500 25,185
POLICE
Personal Services 1,971,842 1,978,000 6,158
Materials and Services 619,952 628,000 8,048
Capital Outlay 26,913 31,000 4,087
TOTAL 2,618,707 2,637,000 18,293
MUNICIPAL COURT
Personal Services 140,687 140,000 (687)
Materials and Services 65,780 69,000 3,220
TOTAL 206,467 209,000 2,533
COMMUNICATIONS
Personal Services 302,299 350,000 47,701
Materials and Services 80,920 80,000 (920)
Capital Outlay 288,129 265,000 (23,129)
TOTAL 671,348 695,000 23,652
FIRE
Personal Services 1,711,294 1,753,000 41,706
Materials and Services 412,231 374,000 (38,231)
Capital Outlay 2,340 8,000 5,660
TOTAL 2,125,865 2,135,000 9,135
Page 7
City of Ashland
Statement of Revenues and Expenditures
Budget and Actual
For the twelve months ended June 30, 1999
GENERALFUND
EXPENDITURES
ACTUAL BUDGET VARIANCE
CEMETERY
Personal Services 78,354 101,000 22,646
Materials and Services 131,789 148,000 16,211
Capital Outlay 28,131 40,000 11,869
TOTAL 238,274 289,000 50,726
SENIOR PROGRAM
Personal Services 91,487 101,000 9,513
Materials and Services 25,108 30,000 4,892
TOTAL 116,595 131,000 14,405
PLANNING DIVISION
Personal Services 354,068 340,000 (14,068)
Materials and Services 217,495 242,500 25,005
TOTAL 571,563 582,500 10,937
BUILDING DIVISION
Personal Services 272,335 273,000 (665)
Materials and Services 155,671 165,000 9,329
TOTAL 428,006 438,000 9,994
Page 8
City of Ashland
Statement of Revenues and Expenditures
Budget and Actual
For the twelve months ended June 30, 1999
CEMETERY FUND
ACTUAL BUDGET VARIANCE
REVENUES
TOTALREVENUES - -
EXPENDITURES
Operating Transfers Out 233,923 234,000 77
TOTAL 233,923 234,000 77
Excess(Defeciency)of Revenues
over Expenditures (233,923) (234,000) (77)
Working Capital Carryover 233,923 234,000 77
ENDING FUND BALANCE -
Page 9
City of Ashland
Statement of Revenues and Expenditures
Budget and Actual
For the twelve months ended June 30, 1999
BAND FUND
ACTUAL BUDGET VARIANCE
REVENUES
TOTALREVENUES - - -
EXPENDITURES
Operating Transfers Out 99,743 100,000 257
TOTAL EXPENDITURES - 99,743 100,000 257
Excess(Defeciency)of Revenues
over Expenditures (99,743) (100,000) (257)
Working Capital Carryover 99,743 100,000 257
ENDING FUND BALANCE (99,743) -
Page 10
City of Ashland
Statement of Revenues and Expenditures
Budget and Actual
For the twelve months ended June 30, 1999
COMMUNITY BLOCK GRANT FUND
ACTUAL BUDGET VARIANCE
REVENUES
Intergovernmental Revenue 491,709 541,000 (49,291)
TOTAL REVENUES 491,709 541,000 (49,291)
EXPENDITURES
Personal Services 42,994 43,000 6
Materials and Services 452,713 476,000 23,287
Capital Outlay - 22;000 22,000
TOTAL 495,707 541,000 45,293
Excess(Defeciency)of Revenues
over Expenditures (3,998) - (3,998)
Working Capital Carryover 4,001 - 4,001
ENDING FUND BALANCE 3 - 3
Page 11
City of Ashland
Statement of Revenues and Expenditures
Budget and Actual
For the twelve months ended June 30, 1999
STREET FUND
ACTUAL BUDGET VARIANCE
REVENUES
Taxes 337,164 325,000 12,164
Intergovernmental Revenue 918,952 1,156,000 (237,048)
Charges for Services 871,582 840,000 31,582
Interest on Investments 10,815 16,000 (26,815)
Miscellaneous Revenues 6,538 - 6,538
TOTALREVENUES 2,145,051 2,337,000 (191,949)
EXPENDITURES
Personal Services 564,263 579,000 14,737
Materials and Services 1,089,940 1,141,000 51,060
Capital Outlay 668,405 830,000 161,595
Debt Service 2,576 3,000 424
Operating Transfers Out 80,000 80,000 -
Operating Contingency - 81,000 81,000
TOTAL EXPENDITURES 2,405,184 2,714,000 308,816
Excess(Defeciency)of Revenues
over Expenditures (260,133)' (377,000) (637,133)
Working Capital Carryover 478,797 477,000 1,797
ENDING FUND BALANCE 218,664 100,000 118,664
Page 12
City of Ashland
Statement of Revenues and Expenditures
Budget and Actual
For the twelve months ended June 30, 1999
AIRPORT FUND
ACTUAL BUDGET VARIANCE
REVENUES
Charges for Services 60,037 55,000 5,037
Interest on Investments 1,425 3,000 (1,575)
TOTALREVENUES 61,462 58,000 3,462
EXPENDITURES
Personal Services - 1,000 1,000
Materials and Services 75,548 77,000 1,452
Operating Contingency - 10,000 10,000
TOTAL EXPENDITURES 75,548 88,000 12,452
Excess(Defeciency)of Revenues
over Expenditures (14,086) (30,000) (8,990)
Working Capital Carryover 46,856 45,000 1,856
ENDING FUND BALANCE 32 770 15,000 17,770
Page 13
City of Ashland
Statement of Revenues and Expenditures
Budget and Actual
For the twelve months ended June 30, 1999
CAPITAL IMPROVEMENTS FUND
ACTUAL BUDGET VARIANCE
REVENUES
Taxes 280,830 272,000 8,830
Charges for Services 295,446 235,000 60,446
Assessment Payments 206,209 200,000 6,209
Interest on Investments 29,987 85,000 (55,013)
Miscellaneous Revenues 28,457 48,000 (19,543)
Other Financing Sources - 800,000 (800,000)
Operating Transfers In 763,000 763,000 -
TOTALREVENUES 1,603,929 2,403,000 (799,071)
EXPENDITURES
Personal Services - 1,000 1,000
Materials and Services 78,302 81,000 2,698
Capital Outlay 1,655,986 2,451,000 795,014
Operating Transfers Out 266,000 335,000 69,000
Operating Contingency - 200,000 200,000
TOTAL EXPENDITURES 2,000,288 3,068,000 1,067,712
Excess(Defeciency)of Revenues
over Expenditures (396,359) (665,000) 268,641
Working Capital Carryover 935,363 1,120,000 (184,637)
ENDING FUND BALANCE 539,004 455,000 84,004
Page 14
City of Ashland
Statement of Revenues and Expenditures
Budget and Actual
For the twelve months ended June 30, 1999
BANCROFT BOND FUND
ACTUAL BUDGET VARIANCE
REVENUES
Assessment Payments 298,554 317,000 (16,446)
Interest on Investments 7,907 4,000 3,907
TOTALREVENUES 306,461 321,000 (14,539)
EXPENDITURES
Debt Service 163,833 274,000 110,167
Operating Transfers Out 40,000 40,000 -
TOTAL EXPENDITURES 203,833 314,000 110,167
Excess(Defeciency)of Revenues
over Expenditures 102,628 7,000 95,628
Working Capital Carryover 113,195 99,000 14,195
ENDING FUND BALANCE 215,823 106,000 109123
Page 15
City of Ashland
Statement of Revenues and Expenditures
Budget and Actual
For the twelve months ended June 30, 1999
GENERAL BOND FUND
ACTUAL BUDGET VARIANCE
REVENUES
Taxes 216,524 207,000 9,524
Interest on Investments 18,579 18,000 579
Operating Transfers In 255,000 255,000 -
TOTAL REVENUES 490,103 480,000 10,103
EXPENDITURES
Debt Service 504,651 505,000 349
TOTAL EXPENDITURES 504,651 505,000 349
Excess(Defeciency)of Revenues
over Expenditures (14,548) (25,000) 10,452
Working Capital Carryover 321,431 311,000 10,431
ENDING FUND BALANCE 306,883 286,000 20,883
Page 16
City of Ashland
Statement of Revenues and Expenditures
Budget and Actual
For the twelve months ended June 30, 1999
DEBT SERVICE FUND
ACTUAL BUDGET VARIANCE
REVENUES
Charges for Services 36,183 37,000 (817)
Interest on Investments 12,982 4,000 8,982
Miscellaneous Revenues 25,115 9,000 16,115
Operating Transfers In 266,000 305,000 (39,000)
TOTAL REVENUES 340,280 355,000 (14,720)
EXPENDITURES
Debt Service 323,608 431,000 107,392
TOTAL EXPENDITURES 323,608 431,000 107,392
Excess(Defeciency)of Revenues
over Expenditures 16,672 (76,000) 92,672
Working Capital Carryover 86,360 83,000 3,360
ENDING FUND BALANCE 103,M 7,000 96,131
I
Page 17
City of Ashland
Statement of Revenues and Expenditures
Budget and Actual
For the twelve months ended June 30, 1999
AMBULANCE FUND
ACTUAL BUDGET VARIANCE
REVENUES
Charges for Services 827,582 690,000 137,582
Interest on Investments 4,540 2,000 2,540
Miscellaneous Revenues 2,695 - 2,695
TOTAL REVENUES 834,817 692,000 142,817
EXPENDITURES
Personal Services 163,620 181,000 17,380
Materials and Services 508,948 489,000 (19,948)
Capital Outlay 3,895 31,000 27,105
Operating Transfers Out 15,000 15,000 (30,000)
Operating Contingency - 36,000 (36,000)
TOTAL EXPENDITURES 691,463 752,000 60,537
Excess(Defeciency)of Revenues
over Expenditures 143,354 (60,000) 203,354
Working Capital Carryover 198,926 185,000 13,926
ENDING FUND BALANCE 342,280 125,000 217,280
Page 18
City of Ashland
Statement of Revenues and Expenditures
Budget and Actual
For the twelve months ended June 30, 1999
WATER FUND
ACTUAL BUDGET VARIANCE
REVENUES
Charges for Services 3,413,510 2,932,000 481,510
Interest on Investments 128,368 182,000 (53,632)
Miscellaneous Revenues 42,079 25,000 17,079
TOTAL REVENUES 3,583,957 3,139,000 444,957
EXPENDITURES
Forest Land Management 60,062 100,000 39,938
Conservation 105,741 107,000 1,259
Operations 2,597,698 3,211,000 613,302
Debt Service 328,701 336,000 7,299
Operating Transfers Out 255,000 255,000 -
Operaling Contingency - 642,000 642,000
TOTAL EXPENDITURES 3,347,202 4,651,000 1,303,798
Excess(Defeciency)of Revenues
over Expenditures 236,755 (1,512,000) 1,748,755
Working Capital Carryover 2,973,162 3,222,000 (248,838)
ENDING FUND BALANCE 3,209,917 1,710,000 1,499,917
f
Page 19
City of Ashland
Statement of Revenues and Expenditures
Budget and Actual
For the twelve months ended June 30, 1999
WATER FUND
ACTUAL BUDGET VARIANCE
EXPENDITURES
FOREST INTERFACE
Personal Services 7,056 5,000 2,056
Materials and Services 53,006 95,000 41,994
TOTAL 60,062 100,000 39,938
OPERATIONS
Personal Services 760,511 760,000 511
Materials and Services 1,057,053 1,072,000 14,947
Capital Outlay 780,134 1,379,000 598,866
Debt Service 328,701 336,000 20,442
Operating Transfers Out 255,000 255,000 -
Operating Contingency - 642,000 733,000
TOTAL 3,181,399 4,444,000 1,325,860
CONSERVATION
Personal Services 53,479 57,000 263
Materials and Services 52,262 50,000 2,262
TOTAL 105,741 107,000 1,999
Page 20
City of Ashland
Statement of Revenues and Expenditures
Budget and Actual
For the twelve months ended June 30, 1999
WASTEWATER FUND
ACTUAL BUDGET VARIANCE
REVENUES
Taxes 1,047,311 1,015,000 32,311
Intergovernmental Revenue 573,391 742,000 (168,609)
Charges for Services 2,659,130 2,465,000 194,130
Interest on Investments 265,910 339,000 (73,090)
Miscellaneous Revenues 206 - 206
Loan/Bond Proceeds 10,121,838 9,139,000 982,838
TOTAL REVENUES 14,667,786 13,700,000 1,704,421
EXPENDITURES
OPERATIONS
Personal Services 496,178 507,000 10,822
Materials and Services 934,863 968,000 33,137
Capital Outlay 10,782,181 11,320,000 537,819
Operating Transfers Out 135,000 135,000 -
Operating Contingency - (261,000) (261,000)
TOTAL EXPENDITURES 12,348,222 12,669,000 320,778
Excess(Defeciency)of Revenues
over Expenditures 2,319,564 1,031,000 '1,288,564
Working Capital Carryover 6,039,191 5,944,000 95,191
ENDING FUND BALANCE 8,358,755 6,975,000 1,383,755
Page 21
City of Ashland
Statement of Revenues and Expenditures
Budget and Actual
For the twelve months ended June 30, 1999
ELECTRIC FUND
ACTUAL BUDGET VARIANCE
REVENUES
Intergovernmental Revenue 73,976 74,000 (24)
Charges for Services 7,886,092 7,448,000 438,092 -
Intereslonlnvestments 53,144 98,000 (44,856)
Miscellaneous Revenues 53,727 89,000 (35,273)
Interfund Loan Proceeds 978,859 3,554,000 (2,575,141)
TOTAL REVENUES 9,045,798 11,263,000 2,234,546
EXPENDITURES
Conservation 340,814 383,000 42,186
Operations 7,705,033 7,501,000 (204,033)
Debt Service 50,000 50,000 -
Operating Transfers Out 233,000 233,000 -
Operating Contingency - 150,000 150,000
Telecommunications 1,091,538 3,570,000 2,478,462
TOTAL EXPENDITURES 9,420,385 11,887,000 2,466,615
Excess(Defeciency)of Revenues
over Expenditures (374,587) (624,000) 249,413
Working Capital Carryover 1,875,563 1,731,000 144,563
ENDING FUND BALANCE 1,500,976 1,107,000 393,976
Page 22
City of Ashland
Statement of Revenues and Expenditures
Budget and Actual
For the twelve months ended June 30, 1999
ELECTRIC FUND
ACTUAL BUDGET VARIANCE
EXPENDITURES
CONSERVATION
Personal Services 87,715 96,000 8,285
Materials and Services 253,099 287,000 33,901
TOTAL 340,814 383,000 42,186
OPERATIONS
Personal Services 930,833 949,000 18,167
Materials and Services 6,101,928 6,064,000 51,479
Capital Outlay 672,272 488,000 184,272
Debt Service 50,000 50,000 -
Operating Transfers Out 233,000 233,000
Operating Contingency - 150,000 150,000
TOTAL 7,988,033 7,934,000 67,584
TELECOMMUNICATIONS
Personal Services 344,114 326,000 18,114
Materials and Services 270,867 441,000 170,133
Capital Outlay 462,382 2,803,000 2,340,618
Debt Service 14,175 - 14,175
TOTAL 1,091,538 3,570,000 2,478,462
Page 23
City of Ashland
Statement of Revenues and Expenditures
Budget and Actual
For the twelve months ended June 30, 1999
CENTRAL SERVICES FUND
ACTUAL BUDGET VARIANCE
REVENUES
Charges for Services 2,902,103 2,878,000 24,103
Interest on Investments 10,124 10,000 124
Miscellaneous Revenues 6,213 - 6,213
TOTAL REVENUES 2,918,440 2,888,000 30,440
EXPENDITURES
Administration 774,113 752,000 (22,113)
Finance 910,646 917,000 6,354 .
City Recorder 114,307 117,000 2,693
Public Works 731,996 783,000 51,004
Computer Services 436,506 439,000 2,494
TOTAL EXPENDITURES 2,967,568 3,008,000 40,432
Excess(Defeciency)of Revenues
over Expenditures (49,128) (120,000) 70,872
Working Capital Carryover 117,282 120,000 (2,718)
ENDING FUND BALANCE 68 154 68,154
Page 24
City of Ashland
Statement of Revenues and Expenditures
Budget and Actual
For the twelve months ended June 30, 1999
CENTRAL SERVICES FUND
ACTUAL BUDGET VARIANCE
EXPENDITURES
ADMINISTRATION
Personal Services 571,703 572,000 297
Materials and Services 202,410 180,000 22,410
TOTAL 774,113 752,000 22,113
FINANCE
Personal Services 584,603 622,000 37,397
Materials and Services 320,060 291,000 29,060
Capital Outlay 5,983 4,000 1,983
TOTAL 910,646 917,000 6,354
MISCELLANEOUS
CITY RECORDER
Personal Services 98,735 98,000 735
Materials and Services 15,572 19,000 3,428
TOTAL 114,307 117,000 2,693
PUBLIC WORKS
Personal Services 607,395 663,000 55,605
Materials and Services 105,043 95,000 10,043
Capital Outlay 19,558 25,000 5,442
TOTAL 731,996 783,000 51,217
COMPUTER SERVICES
Personal Services 153,267 177,000 23,733
Materials and Services 227,541 197,000 30,541
Capital Outlay 55,698 65,000 9,302
TOTAL 436,506 439,000 2,494
I
Page 25
City of Ashland
Statement of Revenues and Expenditures
Budget and Actual
For the twelve months ended June 30, 1999
INSURANCE SERVICES FUND
ACTUAL BUDGET VARIANCE
REVENUES
Charges for Services 343,679 360,000 (16,321)
Interest on Investments 46,570 80,000 (33,430)
Miscellaneous Revenues 75,655 20,000 55,655
TOTAL REVENUES 465,904 460,000 5,904
EXPENDITURES
Personal Services 6,011 15,000 8,989
Materials and Services 482,192 555,000 72,808
Operating Transfers Out 300,000 300,000 -
Operating Contingency - 300,000 300,000
TOTAL EXPENDITURES 788,203 1,170,000 381,797
Excess(Defeciency)of Revenues
over Expenditures (322,299) (710,000) 387,701
Working Capital Carryover 952,593 1,135,000 (182,407)
ENDING FUND BALANCE 630 294 425,000 205,294
Page 26
City of Ashland
Statement of Revenues and Expenditures
Budget and Actual
For the twelve months ended June 30, 1999
EQUIPMENT FUND
ACTUAL BUDGET VARIANCE
REVENUES
Charges for Services 1,338,109 1,302,000 36,109
Interest on Investments 89,208 75,000 14,208
Miscellaneous Revenues 58,437 20,000 38,437
TOTAL REVENUES 1,485,754 1,397,000 88,754
EXPENDITURES
Personal Services 245,475 291,000 45,525
Materials and Services 495,424 496,000 576
Capital Outlay 1,425,560 1,505,000 79,440
Interfund Loan 978,859 - (978,859)
Operating Contingency - 123,000 123,000
TOTAL EXPENDITURES 3,145,318 2,415,000 (730,318)
Excess(Defeciency)of Revenues
over Expenditures (1,659,564) (1,018,000) (641,564)
Working Capital Carryover 2,030,508 1,832,000 198,508
ENDING FUND BALANCE 370,944 814,000 (443,056)
Page 27
City of Ashland
Statement of Revenues and Expenditures
Budget and Actual
For the twelve months ended June 30, 1999
CEMETERY TRUST FUND
ACTUAL BUDGET VARIANCE
REVENUES
Charges for Services 11,052 13,000 (1,948)
Interest on Investments 38,870 41,000 (2,130)
Operating Transfers In 500 1,000 (500)
TOTAL REVENUES 50,422 55,000 (4,578)
EXPENDITURES
Operating Transfers Out 41,000 41,000 -
TOTAL EXPENDITURES 41,000 41,000 -
Excess(Defeciency)of Revenues
over Expenditures 9,422 14,000 (4,578)
Working Capital Carryover 651,276 650,000 1,276
ENDING FUND BALANCE 660,698 664,000 (1302)
Page 28
City of Ashland
Statement of Revenues and Expenditures
For the twelve months ended June 30, 1998 and 1999
SUMMARY OF FUNDS
ACTUAL ACTUAL VARIANCE %
1997-98 1998-99
REVENUES
Taxes 7,264,226 7,374,034 109,808 101.51%
Licenses and Permits 497,393 599,202 101,809 120.47%
Intergovernmental Revenue 2,460,655 2,494,007 33,352 101.36%
Charges for Services 19,698,135 21,244,280 1,546,145 107.85%
Fines and Forfietures 209,568 163,872 (45,696) 78.20%
Assessment Payments 255,836 504,763 248,927 197.30%
Interest on Investments 1,117,786 807,869 (309,917) 72.27%
Miscellaneous Revenues 349,502 383,708 34,206 109.79%
Other Financing Sources 627,403 11,171,203 10,543,800 1780.55%
Operating Transfers In 2,294,261 1,699,167 (595,094) 74.06%
TOTAL REVENUES 34,774,765 46,442,105 11,667,340 133.55%
EXPENDITURES
Personal Services 9,819,476 10,644,188 824,712 108.40%
Materials and Services 13,655,884 14,975,450 1,319,566 109.66%
Capital Outlay 6,891,338 16,877,567 9,986,229 244.91%
Debt Service 1,955,348 1,462,646 (492,702) 74.80%
Operating Transfers Out 677,403 1,699,166 1,021,763 250.84%
Interfund Loan 978,859 978,859
Operating Contingency - - - 0.00%
TOTAL 32,999,449 46,637,876 13,638,427 141.33%
Excess (Defeciency)of Revenues over
Expenditures 1,775,316 (195,771) (1,971,087) -11.03%
Working Capital Carryover 17,103,320 18,305,366 1,202,046 107.03%
ENDING FUND BALANCE 18,878,636 18,109,595 (769,041) 95.93%
Page 29
City of Ashland
Anaylsis of Carryovers
Tenative Budgeted Budgeted
Fund Fund Carryover
Balance Balance
Fund June 30 99 June 30 99 Difference %
General Fund (Cemetery and Band) 1,480,892 1,175,000 305,892 126.03%
Cemetery
Band
Community Block Grant Fund 3 0 3
Street Fund -81,661 -135,000 53,339 60.49%
Street Fund Trans SDC 300,324 265,000 35,324 113.33%
Airport Fund 32,770 29,000 3,770 113.00%
Capital Improvements Fund 539,004 409,000 130,004 131.79%
Bancroft Bond Fund 215,823 240,000 -24,177 89.93%
General Bond Fund 306,883 311,000 -4,117 98.68%
Debt Service Fund 103,031 104,000 -969 99.07%
Advance Refunding Bond Fund
Ambulance Fund 342,279 357,000 -14,721 95.88%
Water Quality Fund 1,037,676 1,120,000 -82,324 92.65%
Restricted Water Fund 2,172,242 1,972,000 200,242 110.15%
Wastewater Fund 3,251,174 3,235,000 16,174 100.50%
Restricted Wastewater 4,761,208 4,104,000 657,208 116.01%
Sewer Flood 416,877 426,000 -9,123 97.86%
Electric Fund 1,613,655 1,727,000 -113,345 93.44%
Telecommunications Portion -112,677 0 -112,677
Central Services Fund 68,153 123,000 -54,847 55.41%
Insurance Services Fund 630,294 538,000 92,294 117.15%
Equipment Fund maint 10,233 2,000 8,233 511.65%
Equipment Fund equipment 360,709 1,302,000 -941,291 27.70%
Cemetery Trust Fund 660,698 664,000 -3,302 99.50%
Total City Component 18,109,591 17,968,000 141,591 100.79%
Page 30
City of Ashland
Statement of Revenues and Expenditures
For the twelve months ended June 30, 1999
The Business Government
of Government Business Total
Revenues:
Taxes 5,989,559 1,384,475 7,374,034
Licenses and Permits 599,202 0 599,202
Intergovernmental Revenue 927,688 1,566,319 2,494,007
Charges for Services 5,526,347 15,717,933 21,244,280
Fines and Forfietures 163,872 0 163,872
Assessment Payments 504,763 0 504,763
Interest on Investments 343,667 464,202 807,869
Miscellaneous Revenues 278,463 105,245 383,708
Operating Transfers In 1,699,167 0 1,699,167
Bond\Loan Proceeds 0 11,100,697 11,100,697
Total Revenues 16,032,728 30,338,871 46,371,599
Expenditures:
Personal Services 7,236,419 3,407,769 10,644,188
Materials and Services 4,577,936 10,397,514 14,975,450
Capital Outlay 3,508,298 13,369,269 16,877,567
Debt Service 1,067,194 395,452 1,462,646
Operating Transfers Out 981,166 718,000 1,699,166
Interfund Loan 978,859 0 978,859
Total Expenditures 18,349,872 28,288,004 46,637,876
Excess (defeciency of Revenues
over Expenditures -2,317,144 1,855,463 (266,277)
Fund Balance, July 1, 1998 6,692,871 11,612,495 18,305,366
Fund Balance, June 30, 1999 4,375,727 13,467,958 18,039,089
Page 31
City Council Communication
Police Department
Enforce and Issue Citations on SOU Campus
October 19, 1999
Submitted by: Scott Reuter y�i��
Approved by: Mike Freeman 1 t t"^
Title:
Second reading by title only of An Ordinance Adding Section 11.48.040 to the Ashland Municipal
Code Authorizing Certain Employees of Southern Oregon University to Issue Citations for Minor in
Possession of Alcohol and for Unlawful Possession of Less than an Ounce of Marijuana.
Synopsis:
This ordinance allows SOU agents to issue citations to minors in possession of alcohol and for unlawful
possession of less than an ounce of marijuana.
Recommendation:
Having received approval at its first reading on October 5, 1999, it is recommended that this ordinance
be passed and adopted on second reading.
Background Information:
By allowing SOU agents to issue citations to minors in possession, and to anyone in possession of less
than one ounce of marijuana while on the SOU campus, this will release Ashland Police Officers to other
duties. Since the Ashland Police Department provides dispatch services for SOU,the SOU agents would
still be required to report via radio when they were out with a minor in possession of alcohol or for
unlawful possession of less than an ounce of marijuana and police officers would monitor such calls.
ORDINANCE NO.
AN ORDINANCE ADDING SECTION 11.48.040 TO THE ASHLAND
MUNICIPAL CODE AUTHORIZING CERTAIN EMPLOYEES OF
SOUTHERN OREGON UNIVERSITY TO ISSUE CITATIONS FOR
MINOR IN POSSESSION OF ALCOHOL AND FOR UNLAWFUL
POSSESSION OF LESS THAN AN OUNCE OF MARIJUANA
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The following section 11.48.040 is added to the Ashland Municipal Code:
11 48 040 Citations by Special Campus Security Officers of Southern Oregon
University.
The Special Campus Security Officers employed by Southern Oregon University
are authorized to enforce and to issue citations on the Southern Oregon
University Campus for minor in possession of alcohol (ORS 471.430) and for
unlawful possession of less than an ounce of marijuana (ORS 475.992). The
citation and service of the citation shall conform to the requirements of ORS
153.110 to 153.310.
The foregoing ordinance was first READ on the day of ' 1999,
and duly PASSED and ADOPTED this day of 11999.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of 11999.
Catherine M. Shaw, Mayor
Rev' wed as to for
Paul Nolte, City Attorney
Page 1 - ORDINANCEF:XUSER\PAUUORD\cftabon sou om.wpa
City Council Communication
Administration
City Office Expansion
October 19, 1999
Submitted by: Greii Scole I
Approved by: Mike Freem '
Title:
Consideration of design alternatives for the Hillah Temple building. t `'
Synopsis:
At a public hearing on September 7, 1999,the City Council considered a
number of design alternatives for the Hillah Temple building,both two story and one story. At the
conclusion of the hearing direction was given to staff to eliminate the two story design(Alt. "A")and to
provide some additional illustrative drawings to help the council have a better understanding of alternatives
"B"and"C"and how compatible they are with the adjacent structures. Both alternatives are intended to
accommodate the Community Development Department, Public Works Administration and Engineering.
Recommendation:
Staff recommends that City Council: 1) select a preferred alternative (Concept B, Site Scheme 2, Elevation
Scheme I or III)and then based on this direct staff to prepare a proposed financing program for
consideration at future City Council Meeting; 2)initiate the process for the rezone of the property to C 1-D
(Commercial Downtown); and 3)direct staff to coordinate with the Parks and Recreation Department to
develop the restroom facility and recycle center in advance of the remodel of the Hillah(budgeted as part
of the Calle Project).
Background Information:
The project was first considered at a Study Session on August 5 1 where the project architect, Berry
Architects,presented the Council with design alternatives for the site and the space needs assessment,
which led to the determination that Community Development and Public Works Admin./Engineering
should be co-located in the renovated Hillah building. Based on the discussion at the Study Session,Berry
Architects refined the building concepts. The concepts included both one and two story schemes and
gabled(pitched)and flat roofs. Subsequent to the Study Session, a Public Meeting/Open House was held
on August 19`h at the Hillah to allow the public an opportunity to comment on these revised plans.
Based on the information gained at the Study Session and open house, Berry Architects prepared
additional concept drawings, which the Council considered at a public hearing, held on September 7`h. At
the conclusion of the hearing the Council determined that they wanted to pursue the single story designs,
alternatives `B"and "C", but needed some additional illustrations to help them fully understand how
compatible the alternatives are with the adjacent structures. Based on this direction, Berry Architects
prepared new building elevations, which show the adjacent structures and they also prepared perspective
drawings for both of the alternatives. The site plans remain unchanged.
Since the property is currently zoned R1-7.5 (Single Family Residential)the project will require a zone
change to C 1-D (Commercial Downtown) and Site Review by the Historic Commission and Planning
Commission.
The Architects will be available to discuss these alternatives with the Council at the hearing.
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City Council Communication
Administration
Establishment of Fiscal Priorities for New Programs
October 19, 1999
Submitted by: Mike Freeman
Title:
An ordinance adding section 2.04.095 to the Ashland Municipal Code to establish fiscal priorities for
new programs.
Synopsis:
During the budget process this past year,the City Council discussed the need to adopt a City policy that
would require the Council to identify the method by which Council adopted projects, initiatives or
policies would be funded. The ordinance requires that the Council indicate the funding mechanism upon
adopting a new project, initiative or policy with the appropriate funding source.
Recommendation:
The staff have no position on the proposed ordinance.
MEMORANDUM
To : Council Colleagues
From: David Fine
Date : 28 September 1999, 1214-L
Subj . : Spending/Fiscal Priorities/Funding Mechanisms
Ordinance
The draft you are reading in the packet for the
upcoming Council meeting incorporates changes suggested by
Steve Hauck and Carole Wheeldon. These changes
notwithstanding, the proposed Ordinance still stands to
further two objectives : (a) Effectively and clearly
communicating to the electorate the Council' s collective
understanding of how government decisions will be funded;
and (b) assuring the electorate that we, individually and
collectively, are mindful of the effects of new policy
decisions upon taxes and charges - and, in some instances,
upon existing services .
Mayor Shaw suggested some weeks ago, before debate on
this issue was adjourned, that the effect of this Ordinance
should be to transfer power from Council to City Staff . I
respectfully take issue with Cathy' s conclusion . Currently,
Staff is obliged to balance expenditure demands when they
draw annual budgets . Not all policies and programs approved
by Council can be fully funded. In such instances Staff has
to surmise the relative importance of competing programs .
The effect of this Ordinance would be to assure that Council
regularly speaks to staff about how Council, collectively,
expects Council policies and programs to be funded.
At a practical level it might be expected that future
"Staff Reports" evaluating new programs for Council will
include a clearly-identified sentence or paragraph
indicating how a proposed project or policy is to be funded.
Council might then adopt or amend such Funding Statements .
The press and the public then would be able to read a direct
statement of Council' s best estimation of how any new
program is to be paid for . Examples are printed overleaf :
Examples of "Funding Statements"
(These examples are hypothetical only; they do not reflect
the actual costs of any City programs . )
Funding Statement : The cost to the City of retaining this consultant' s
services will be $4 , 500 . This will paid from the $35, 000 already
allocated for Contracted Services in the Administrative Services Budget
for 1999-2000 .
Funding Statement : The cost of obtaining these water rights will be
$950, 000 . (1) These funds can be raised, in the discretion of Council,
by raising charges to the public for water by fifteen percent . (a) If
the fee increase takes the form of a flat percentage increase, the
average domestic water bill would go up by $20 per month.
(b) Alternatively, charges can be raised only for users of large
quantities of water, such as households with pools or large gardens .
This would see the water bill of someone whose bill in the summer now is
$175 per month' go up to $250 in those months . (2 ) If the Council chooses
to fund the project out of General Fund revenues, the taxes on a $150, 000
home will go up by $175 per year.
Funding Statement : These taxiway improvements will cost a total of
$600, 000 . $540, 000 will be provided by a grant to the City from the
Federal Aviation Administration. $30, 000 will be met over four years'
time from higher overnight airplane parking fees, to be assessed upon
multi-engine and jet aircraft . The final $30, 000 will come from City
General Fund revenues .
Funding Statement : This upgrade to our new waste water treatment plant
has been mandated by a recent Federal Court decision, which obliges us to
reduce our discharge of iron into Bear Creek to no more than 0 . 0004% by
volume, by June of 2010 . It is included in this year' s Capital
Improvement Plan as a project to be commenced in 2008 . The City Council
is yet to discuss how its $7 . 6 million cost is to be funded.
ORDINANCE NO.
AN ORDINANCE ADDING SECTION 2.04.095 TO THE
ASHLAND MUNICIPAL CODE TO °STAB' 1°" °°""'
PRIORITIES BETTER IDENTIFY FUNDING
MECHANISMS FOR NEW PROGRAMS.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The following section 2.04.095 is added to the Ashland Municipal Code:
2.04.095 Identification of Fiscal Impact and Priorities of Expenditure Policy Decisions.
A.At such time as the council adopts a new program or policy with significant revenue
implications, it shall offer clear direction to city staff and to the budget committee as to
the fiseal priority to be afforded this new program or poll how the new ro ram or
olic is to be funded.
B. When the city council adopts such program or policy, it shall indicate how it expects
that program or policy will be funded; for example,9.q., which p?ij�taxes or fees
the council expects to increase and by how much, or which
current city ro rams or de artment ex enditures the council expects feels might to
reduced to fund the new program or policy. However if the council cannot reasonabl
identi a aotential fundin source it shall so indicate.
C. As used in this section 2.04.095, the term "program or policy with significant
revenue implications" means includes an ordinance or a resolution in which
implementation may entail expenditures in any budget year in excess of one pelf of one
pereeht{9:5%j one and one half ercent 50
/-61 of the city's annual General Fund
budget and which ma re uire increasin existin taxes or fees or im osition of new
taxes or fees.
D. The provisions of this section shall not apply to extraordinary expenditures in
situations of, or necessitated by, public emergencies.
The foregoing ordinance was READ on the _ day of 1999, and duly
PASSED AND ADOPTED this day of 1999.
Barbara Christensen, City Recorder
SIGNED AND APPROVED this_day of 1999.
Catherine M. Shaw, Mayor
Reviewed as to form:
Paul Nolte, City Attorney
Redline draft for Council Packet, Meeting of 07 or 14 Oct. 1999.
ORDINANCE NO.
AN ORDINANCE ADDING SECTION 2.04.095 TO THE
ASHLAND MUNICIPAL CODE TO BETTER IDENTIFY
FUNDING MECHANISMS FOR NEW PROGRAMS.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The following section 2.04.095 is added to the Ashland Municipal Code:
2.04.095 Identification of Fiscal Impact and Priorities of Policy Decisions.
A.At such time as the council adopts a new program or policy with significant revenue
implications, it shall offer clear direction to city staff and to the budget committee as to
how the new program or policy is to be funded.
B. When the city council adopts such a program or policy, it shall indicate how it
expects that program or policy will be funded; e.g., which existing taxes or fees the
council expects to increase and by how much, or which current city programs or
department expenditures the council expects to reduce to fund the new program or
policy. However, if the council cannot reasonably identify a potential funding source,
it shall so indicate.
C. As used in this section 2.04.095, the term "program or policy with significant
revenue implications" includes an ordinance or a resolution in which implementation
may entail expenditures in any budget year in excess of one and one-half percent
(1.5%) of the city's annual General Fund budget, and which may require increasing
existing taxes or fees or imposition of new taxes or fees.
D. The provisions of this section shall not apply to extraordinary expenditures in
situations of, or necessitated by, public emergencies.
The foregoing ordinance was READ on the day of 1999, and duly
PASSED AND ADOPTED this day of 1999.
Barbara Christensen, City Recorder
SIGNED AND APPROVED this day of 1999.
Catherine M. Shaw, Mayor
Reviewed as to form:
Paul Nolte, City Attorney
Draft for Council Packet, Meeting of 07 or 14 Oct. 1999
H:\city99\fisc ord dr4.wpd
Council Communication
Legal Department
Falcon Cable Transfer Request
October 19, 1999
Submitted by: Paul Noltee/I`.,�y
Approved by: Mike Freeman ""'
Title:
A Resolution Consenting to The Transfer of Control of Falcon Cable Systems Company 11, L.P.,
to Charter Communications Holding Company, LLC, With Conditions
Synopsis:
This resolution expresses the city's consent, with conditions, to the transfer of control of Falcon
Communications, L.P., the parent company of the one of the city's cable franchisees, Falcon
Cable Systems Company II, L.P. (Falcon II), to Charter Communications Holding Company, LLC
(Charter). The consent is conditioned on 1) Charter filing a written acceptance of this resolution, .
2) and Falcon II continuing to negotiate in good faith an agreement with US West for the use of
poles jointly owned by US West and the City prior to the final closing of the transfer. The
resolution also acknowledges the ongoing dispute with Falcon II for its failure to obtain a
telecommunications franchise for provision of internet services.
Recommendation:
Move to adopt the resolution.
Background Information:
Falcon II is one of two cable franchisees within the city and has been a franchisee for
approximately one year. The cable franchise agreement entered into in 1983 provides that:
"SECTION 16 Transfer of Franchise. The Grantee shall not lease, assign
or otherwise alienate this franchise without prior approval of the City
being granted by ordinance for that purpose,provided that such approval
shall not be unreasonably withheld."
The council approved the transfer of this franchise from TCI to Falcon II in July 1998. The
current request before the council differs from the 1998 transfer in that Falcon II is not
transferring the franchise to Charter. Falcon II is requesting consent to the transfer of control of its
parent company to Charter. Falcon II will remain the franchisee.
(F:\USER\PAUL\Telecommunications\Cable\Falcon cable transfer request cc2.wpd)
RESOLUTION NO. 99-
A RESOLUTION CONSENTING TO THE TRANSFER OF CONTROL OF
FALCON CABLE SYSTEMS COMPANY Ii, L.P., TO CHARTER
COMMUNICATIONS HOLDING COMPANY, LLC., WITH CONDITIONS
Recitals:
A. Falcon Cable Systems Company II, L.P. (Falcon II), as one of the city's cable
franchisees, has requested the City to consent to the transfer of control of Falcon
Communications, L.P., a general partner of Falcon II, to Charter Communications
Holding Company, LLC (Charter). Charter is an affiliate of Charter Communications, Inc.
and has entered into a Purchase and Contribution Agreement dated May 26, 1999.
Under this agreement, Charter will acquire control of Falcon Communications, L.P.
B. The evidence submitted to the City by Falcon II and Charter establish that
Charter and its corporate family, including Charter Communications, Inc. and CC VII,
LLC, have the requisite legal, technical, and financial qualifications to own and operate
the Falcon II cable system in Ashland.
C. The City is willing to consent to the transfer of control, so long as Charter, on
whom the City is relying as having the requisite legal, technical, and financial
qualifications to own and operate the Falcon II cable system, is ultimately and directly
responsible to the City for the operation of the system in accord with the franchise.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. City confirms that the franchise held by Falcon II is in full force and effect
and that Falcon II is in material compliance with the franchise except that it is the city's
position that Falcon II is required, but has failed, to obtain a telecommunications
franchise from City for the internet services offered by Falcon II. Consent by City to the
transfer of control in this transaction is not to be construed as a waiver of any rights by
City against Falcon II for violation of the City's telecommunications ordinance nor is the
acceptance of this resolution by Charter to be deemed in anyway an agreement that
Falcon II is in violation of its franchise for failure to obtain a telecommunications
franchise.
SECTION 2. The City consents to the transfer of control, subject to the condition that
Charter will, within 30 days after the passage of this resolution, file with the City
Recorder a written acceptance of this resolution executed by Charter in the form
attached as Exhibit A. Consent is also subject to the condition that Falcon II continue to
negotiate in good faith an agreement with US West for the use of poles jointly owned by
US West and the City.
SECTION 3. Acceptance by Charter is contingent upon final closing of the transfer of
control. Such acceptance must otherwise be unqualified and will be construed to be an
acceptance of all the terms, conditions and restrictions contained in this resolution,
except that City acknowledges, but does not agree with, Charter's position that provision
of internet services is a cable service not a telecommunications service.
PAGE 1-RESOLUTION (F:\USER\PAUL\Telecommunications\Cable\Falcon to Charter consent resolution.wpd)
SECTION 4. Charter, by executing and filing the acceptance, guarantees individually
and severally the performance by Falcon II of all of Falcon II's obligations under the
franchise and agrees to perform those obligations on Falcon H's behalf, if so ordered by
the city council, in the event Falcon II for any reason fails to perform them. By executing
and filing the acceptance, Charter also affirms that Falcon II will pay its franchise fee
based on revenues included from internet services.
SECTION 5. In the event of a failure on the part of Charter to file the written acceptance
within the 30-day period, the City's consent will be deemed to be refused on the ground
that Falcon II and Charter have not demonstrated that the entity that will be responsible
to the City, following the transfer, will have the requisite legal, technical, and financial
qualifications to own and operate the Falcon II cable system.
SECTION 6. In the event Charter fails to file the written acceptance within the 30-day
period, such failure will constitute an abandonment and rejection of the rights and
privileges conferred under this resolution.
SECTION 7. Charter may: (a) assign or transfer the rights in the Falcon II cable system
between affiliates of Charter to a parent, subsidiary or affiliate of Charter; (b) restructure
debt or change the ownership interests among existing equity participants in Charter or
its affiliates; (c) pledge or grant a security interest to any lender of Charter's assets,
including, but not limited to, the franchise, or of interests in Charter, for purposes of
securing an indebtedness; (d) sell capital stock of Charter, or of any of Charter's affiliate
companies in a transaction commonly known as an "initial public offering'; all without
obtaining the consent of City, provided that Charter represent in writing to City that any
such transaction will not materially affect compliance with the franchise and that any
affiliated Charter entity with an ownership interest in the franchise shall comply fully with
the terms of the franchise.
This resolution was read by title only in accordance with Ashland Municipal Code
§2.04.090 duly PASSED and ADOPTED this day of ' 1999.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of ' 1999.
Catherine M. Shaw, Mayor
Reviewed as to form:
Paul Nolte
City Attorney
PAGE 2-RESOLUTION (F:W SER\PAUUTe�mmni�ton5%cableTawnto Charter mnsemresowon.w1A)
EXHIBIT A
ACCEPTANCE OF RESOLUTION NO. 99-_
Charter Communications Holding Company, LLC, accepts City of Ashland's Resolution
No. 99-
October_, 1999.
By:
Name:
Title:
PAGE 3-RESOLUTION (F:\USER\PAUL\Telecommunications\Cable\Falcon to Charter consent resolution.wpd)
i
PRESENTATION
REGARDING
ASHLAND INDEPENDENT
FILM FESTIVAL
Ashland Chamber of Commerce
170 Eastmain St.
80.Boa 1360
Ashland,Oregon 97520.0046
(541(482.3486
October 13,1999
Mayor Cathy Shaw
Ashland City Council
Ashland,OR 97520
Dear Mayor and Council Members:
Please consider the request before you for grant money to start the Ashland '
Film Festival. The Chamber of Commerce is supportive of the proposed film festival and
is assisting with travel,lodging and meals for the visitation of two experts from.Taos,
New Mexico Film Festival to gamer valuable information and advice. Their expertise is
extremely important as they began thcir own film festival a mere five years ago,with an
operating budget of-0-and are now operating with a$500,000 budget.
The Chamber believes this is a"natural'for our city as a way to increase visitor traffic in
the shoulder season that would add an extra attraction to our area as well as benefiting t6
merchants,restaurants and lodging facilities.The Chamber board unanimously voted to .
support the festival and we wish to thank you for consideration of this letter and their
proposal I
e y,
dra Slattery
Executive Director
Ashland Chamber of Commerce
Best Student Film (Short]
"The Summit" Best Student Film should feature the best in skill, creativity and
technical achievement in a student film under 35 minutes. This award could be
judged by professors at Southern Oregon University.
Films: 70 feature films, shorts and documentaries
Tickets: $150 for a VIP Festival Pass allows admission into all films, programs and
special events. $25 for individual programs and special events. ($15 for
students.) $6 for individual screenings. ($4 for students.)
Bow To Enter: Send entry fee ($40 for features; $25 for students short films - under 35
minutes) and VHS dub to:
Ashland Independent Film Festival
C/O Rara Avis Media Group
P.O. Box 368
Ashland, OR 97520
Phone: 541-488-3149
Fax: 541-488-3149
E-Mail Address: raraavis@mind.net
Entry Deadline: May 21, 2000
Workshops: Three professional workshops
Merchandising: The Ashland Independent Film Festival should support local artists by soliciting
entries for its merchandising image each year. That winning image will be on
posters, programs, T-shirts, baseball hats, etc.
To Do List • Register festival name
For Next 6 Months: • Register non-profit status
• Establish monthly film festival planning meetings
• Establish board or team members and roles
• Develop festival logo
• Establish mailing address
• Establish phone number and answering system
• Establish fax number
• Establish web and e-mail addresses
• Establish Federal Express account (for handling film shipping)
• Develop letterhead, business cards and envelops
• Establish criteria for film entries
• Create databases for films, volunteers and funders
• Establish checking account
• Finalize festival dates
• Continue to refine festival schedule
• Continue to refine festival programs
• Finalize festival award names
• Begin research on award statuettes
• Advertise in trade publications for entries
• Submit press release to media and film festival listings
• Schedule to attend 2-3 domestic film festivals
SOUTHERN OREGON FILM SOCIETY
Ashland Independent Film Festival S rt-UP Budget
Item Amount
Register Non-Profit Status 250
Attorney Fee To Review Non-Profit Status 250
Accountant Fee To Review Non-Profit Status 250
Office Space 0 Donated
P.O. Box 65
Phone Installation 100
Phone Bills 465 6 mos
Phone/Fax/Answering Machine 200
Postage 300
Miscellaneous Office Expenses 200
Letterhead/Business Cards/Labels Design 0 Donated
Letterhead/Business Cards/Labels Printing_ 300
Website Design 0 Donated
Website Backend Programming 500
Register Web Domain Name 120
ISP Server Char es 600 1 year (pre-paid to receive discount)
Marketing Material Design 0 Donated (includes RIFF application and
Marketing Material Printing 300 SOFS members hi forms)
Advertising in Regional Programs, etc. 400
Advertising In National Film Trade Magazines 700
TOTAL NEEDED 5000
Rare Avis Media Group 488-3149
F Phone: (503)986.2200
Falc (503)378-4381 Assumed Business Name—New Registration*
Secretary of State .al�e�u$a an
Corporation Division tY
255 Capitol SL NE.Suite 151
Salem.OR 97310-1327 / J U L 13
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999
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Attach Additional Sheet If Necessary 'ECRETARY OF STATE
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(� CHECK HERE TO INDICATE ON YOUR REGISTRATION THAT 5) MAKING ADDRESS FOR AUTHOR®REP(Address,city.state.rip)
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Ashland Independent Film Festival (AIFF)
as created by Steve Wood and Doreen Ambrosio Wood (Rara Avis Media Group) on 1-31-99
Where: Ashland, OR
When: Thursday, October 5 through Monday, October 9, 2000
Background: The AIFF will be dedicated to both the American independent and student
filmmakers. The films will be judged by a jury of local filmmakers, professors
and entertainment industry professionals who understand both the artistic and
technical aspects of fine filmmaking. In having this kind of film festival, to
honor the independent filmmaker, we would truly be promoting great
filmmaking, great acting, great cinematography and environmentally conscious
films. However, the AIFF should also be programmed with a variety of other
types of films, such as foreign, documentary and family films to achieve a
balance of entertainment value.
The budget should also allow the Festival Director to attend at least three or
four other domestic film festivals to solicit films which might be worthy of
entering the AIFF. However, initially most entries would be solicited through
ads in trade publications, such as Filmmaker, Moving Pictures, The Hollywood
Reporter, Variety and Screen. In subsequent years, we could use our
accumulated independent filmmakers' database to solicit films.
The AIFF would also establish a website to offer filmmakers, attendees and
the press the ability to get festival information in a quick and timely manor.
This, as well as the traditional program, will be yet another opportunity to
promote our sponsors.
Screenings will be held at both the Ashland Street Cinema and the Varsity
Theaters.
Major Awards: Each winner will receive both a crystal trophy and an in-kind or cash award.
Best Independent Film
"The Rogue" Best Independent Film Award should be judged using innovation,
creativity and technical prowess as its criteria. A general overall feeling of
excellence should be used to rate this film.
Best Acting In An Independent Film
Best Acting In An Independent Film Award should be judged by members of
the Oregon Shakespeare Festival who will critique an actor's performance
using their rigorous standards of excellence.
Best Environmental Film or Documentary
Best Environmental Film Award should be given to the film that deals most
responsibly with environmental issues and concems. The Sierra Club or Earth
First could assist in the judging.
The Gerald Hirschfeld Cinematography Award
The Gerald Hirschfeld Cinematography Award should be given out to the film
that exhibits exemplary cinematography. The winner of this award would also
receive 10, 000 feet of film from Kodak or Fuji.
ASHLAND PARKS AND RECREATION COMMISSION
340 SO. PIONEER STREET ASHLAND,OREGON 97520
COMMISSIONERS: - """•
F N„ Kenneth J.Mickelsen
Teri Coppedge Director
JoAnne Eggers
Sally D.Jones TEL.:(541)488-5340
Rick Landt FAX:(541)488-5314
Laurie MacGraw -`-., 8 - d .•'`f e-mail:ashparks®wave.net
MEMORANDUM
TO Honorable Mayor and City Councillors
FROM Kenneth 1. Mickelsen, Director
DATE October 14, 1999
SUBJECT Master Plan for Calle Guanajuato Restoration Project
At the October 12, 1999 Special Meeting, the Ashland Parks and Recreation Commission
approved the Master Plan for the restoration of the Calle. Attached is information that
was distributed at that meeting.
It is our understanding that this item will be on the Council agenda for Tuesday,
October 19, 1999. Prior to any further work being done on the project, the Council
needs to approve the Master Plan.
The consultants on the project have indicated that in order to meet the timeline of
having in-stream work completed this coming summer that the permitting process
needs to begin as soon as possible.
CAMERON • McCARTH Y • GILBERT
L A N D S C A P E A R C H I T E C T S L L P
160 East Broadway Fax: 541-485-7389
Eugene Oregon 97401 ® Phone: 541-485-7385
MASTER PLAN (existing north main bridge & 100 yr.Flood upper/25 yr. Flood lower)
CALLE GUANAJUATO - RESTORATION PROJECT
Conceptual Construction Cost and Funding Strategy 10/12/99
ITEM OUAN UNIT PRICE COST TOTALS
SITE IMPROVEMENTS-PHASE ONE BID AND CONSTRUCTION PACKAGE
Creek Beds
Boulder Placement 8850 sf 4 $35,400 $35,400
Creek Banks
Stepped Bank&Planting 155 cy 500 $77,500
Stacked Boulders&Planting(Grouted) 265 cy 80 $21,200
Stacked Boulders&Planting(Loose) 740 cy 60 $44,400
Bio-engineered Bank 2850 sf 12 $34,200
Cheek Walls @ Pedestrian Stairs 280 if 150 $42,000 $219,300
Bank Edges
Decorative Railing-East 125 if 80 $10,000
Decorative Railing-West 75 If 80 $6,000
Flood Wall(height varies) 100 cy 750 $75,000 $91,000
Granite Street Slopes
Earthwork 4500 cy 10 $45,000
Stepped Bank&Planting 45 cy 500 $22,500
Stacked Boulders&Planting(Loose) 190 cy 55 $10,450
Sitting Walls 100 If 150 $15,000
Existing Wall Refurbish 1 allow 4000 $4,000 $96,950
Direct Construction Costs $442,650
Indirect Costs @ 20% $88,530
Total Construction Costs $531,180
Contingencies @ 25% $132,795
Total Construction Budget $663,975
Calle Guanajuato Cost Estimate a a a Page 1
ITEM QUAN UNIT PRICE COST TOTALS
ALTERNATES OR FUTURE PHASES
Design elements recommended as Additive Alternates for Phase One Construction Bid
Package or as future construction phases. Funding through annual construction by the
City of Ashland for five consecutive years.
PEDESTRIAN BRIDGES
40 feet x 10 feet w/decorative rails 400 sf 150 $60,000
18 feet x 5 feet w/minimal rails 90 sf 90 $8,100 $68,100
Direct Construction Costs $68,100
Indirect Costs @ 20% $13,620
Total Construction Costs $81,720
Contingencies @ 25% $20,430
Total Construction Budget $102,150
WEST SIDE PEDESTRIAN STAIRS AND TERRACES
Pedestrian Stairs
Concrete 220 if 25 $5,500
Hand Rails 85 If 20 $1,700 $7,200
Pedestrian Terraces
Colored Concrete Paving-West 1700 sf 7 $11,900
Concrete Paving-West 2275 sf 5 $11,375 $23,275
Direct Construction Costs $30,475
Indirect Costs @ 20% $6,095
Total Construction Costs $36,570
Contingencies @ 25% $9,143
Total Construction Budget $45,713
GARDEN STAIRS FROM GRANITE
Concrete at Garden Stair 700 if 25 $17,500
Cheek Walls at Garden Stair 200 if 150 $30,000
Stacked Boulders&Planting(Loose) 125 cy 55 $6,875
Decorative Railing at Garden Stair 240 if 80 $19,200 $73,575
Direct Construction Costs $73,575
Indirect Costs @ 20% $14,715
Total Construction Costs $88,290
Contingencies @ 25% $22,073
Total Construction Budget $110,363
Calle Guanajuato Cost Estimate • • • Page 2
ITEM OUAN UNIT PRICE COST TOTALS
CALLE PAVING ENHANCEMENT
Decorative Paving -East 15000 sf 13 $195,000
Concrete Paving-East 4000 sf 5 $20,000 $215,000
Direct Construction Costs $215,000
Indirect Costs @ 20% $43,000
Total Construction Costs $258,000
Contingencies @ 25% $64,500
Total Construction Budget $322,500
PICNIC AREA PAVING
Eco Paving 575 sf 13 $7,475 $7,475
Direct Construction Costs $7,475
Indirect Costs @ 20% $1,495
Total Construction Costs $8,970
Contingencies @ 25% $2,243
Total Construction Budget $11,213
EXISTING UPPER WEST SIDE WALL
Decorative Railing 135 If 80 $10,800 $10,800
Direct Construction Costs $10,800
Indirect Costs @ 20% $2,160
Total Construction Costs $12,960
Contingencies @ 25% $3,240
Total Construction Budget $16,200
Calle Guanajuato Cost Estimate • • • Page 3
ITEM QUAN UNIT PRICE COST TOTALS
FORCE ACCOUNT ITEMS - Implemented by the City of Ashland
Design elements recommended to he completed by City Departments through
force account efforts.
LANDSCAPING- Parks Department
Trees- Large 25 ea 400 $10,000
Trees- Coniferous 10 ea 200 $2,000
Trees- Small 15 ca 200 $3,000
Planting 13150 sf 3 $39,450
Irrigation 13150 sf 3 $39,450
Direct Construction Costs $93,900
Indirect Costs @ 20% $18,780
Total Construction Costs $112,680
Contingencies @ 25% $28,170
Total Construction Budget $140,850
LIGHTING and UTILITIES-Electric Department
Pedestrian Lights 16 ea 2000 $32,000
Relocate,extend electric systems 1 allow 45000 $45,000
Direct Construction Costs $77,000
Indirect Costs @ 20% $15,400
Total Construction Costs $92,400
Contingencies @ 25% $23,100
Total Construction Budget $115,500
DIRECT INVOICE ITEMS-Implemented by the City of Ashland
Design elements recommended to be purchased by direct invoice.
FURNISHINGS
Benches,Tables, Litter Recept, Signs 1 allow 15000 $15,000 $15,000
$15,000
Calle Guanajuato Cost Estimate Page 4
Project Budget Breakdown October 12, 1999
Calle Guanajuato Restoration Project Master Planning
A preliminary working project budget for Phase One construction was tentatively approved at
a joint work session held by members of the City Council and the Parks Commission on June
26, 1999. Funding sources for the Phase One - Project Budget include $600,000 remaining in
government flood restoration funds and $400,000 jointly supplied by the City and the Parks
Commission in equal amounts from their next budget cycle. Phase One Includes all work to
be completed by the 'in water' work period ending September 15, 2001.
Phase One - Project Budget $ 1,000,000
Direct Construction Costs(contractor cost) $ 420,300
Indirect Construction Costs @ 20% (gr,b&i,gc o&p, p,i) $ 84,100
Total Construction Cost(construction bid) $ 504,400
Contingencies @ 25% (design & construction) $ 126.100
Total Construction Budget $630,500
(construction bid + contingencies)
Design Fees @ 21% $ 130,000
Permitting Consultation $ 15,000
Construction Testing $ 10,000
Total Construction, Design, and Permitting Costs $ 785,500
Additional Owner Costs:
• Restroom Facilities $ 120,000
• Recycling Facilities $ 30,000
•Topographic Surveys $ 7,500
• Preconstruction Testing $ 7,500
• Public Input and Master Planning Services $49,500
Phase One - Project Budget $ 1,000,000
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CAMERON • McCARTH Y • G ILBERT
1. n X n s c n P E A R C 11 1 1 E C T 5 L L
160 Easy nmadway Fax: 541-485-7389
Eugene Oregon 97401 ® Phone: 541-485-7385
MASTER PLAN (existing north main bridge & 100 yr.Flood upper/25 yr. Flood lower)
CALLE GUANAJUATO - RESTORATION PROJECT
CONCEPTUAL CONSTRUCTION COST 10/12/99
ITEM QUAN UNIT PRICE COST TOTALS
SITE IMPROVEMENTS
Creek Beds
Boulder Placement 8850 sf 4 $35,400 $35,400
Creek Banks
Stepped Bank&Planting 155 cy 500 $77,500
Stacked Boulders&Planting(Grouted) 265 cy 80 $21,200
Stacked Boulders&Planting(Loose) 740 cy 60 $44,400
Bio-engineered Bank 2850 sf 12 $34,200 $177,300
Bank Edges
Decorative Railing-East 125 If 80 $10,000
Decorative Railing-West Wing Wall 75 if 80 $6,000
Decorative Railing-West Upper Wall 135 If 80 $10,800
Flood Wall(height varies) 100 cy 750 $75,000 $101,800
Pedestrian Bridges
40 feet x 10 feet w/decorative rails 400 sf 150 $60,000
18 feet x 5 feet w/minimal rails 90 sf 90 $8,100 $68,100
Pedestrian Stairs
Concrete 220 If 25 $5,500
Cheek Walls 280 If 150 $42,000
Decorative Railing 85 If 80 $6,800 $54,300
Concrete at Garden Stair 700 if 25 $17,500
Cheek Walls at Garden Stair 200 if 150 $30,000
Stacked Boulders&Planting(Loose) 125 cy 55 $6,875
Decorative Railing at Garden Stair 240 if 80 $19,200 $73,575
Pedestrian Terraces
Colored Concrete Paving-West 1700 sf 7 $11,900
Concrete Paving- West 2275 sf 5 $11,375
Decorative Paving- East 15000 sf 13 $195,000
Concrete Paving-East 4000 sf 5 $20,000
Eco Paving 575 sf 13 $7,475 $245,750
Granite Street Slopes
Earthwork 4500 cy 10 $45,000
Stepped Bank& Planting 45 cy 500 $22,500
Stacked Boulders&Planting(Loose) 190 cy 55 $10,450
Sitting Walls 100 If 150 $15,000
Existing Wall Refurbish 1 allow 4000 $4,000 $96,950
Landscaping
Trees - large 25 ea 400 $10,000
Trees -Coniferous 10 ea 200 $2,000
Trees - Small 15 ea 200 $3,000
Planting 13150 sf 3 $39,450
Calle Guanajuato Cost Estimate • • ' Page 1
ITEM OUAN UNIT PRICE COST TOTALS
Irrigation 13150 sf 3 $39,450 $93,900
Lighting
Pedestrian Lights 16 ea 2000 $32,000 $32,000
Furnishings
Benches,Tables, Litter Recept, Signs " 1 allow 15000 $15,000 $15,000
Utilities
Relocate,extend 1 allow 45000 $45,000 $45,000
Direct Construction Costs $1,039,075
Indirect Costs @ 20% $207,815
Total Construction Cost $1,246,890
Contingencies @25% $311,723
Total Construction Budget $1,558,613
Calle Guanajuato Cost Estimate ' ' ' Page 2
Operational Project Goals
Calle Guanajuato Restoration Project JUNE 30, 1999
The following is a list of operational project goals approved and prioritized during a joint study session of the City
Council and the Parks Commission held June 29, 1999. The prioritization process ranked goals individually, in a
relative fashion. Goals are now arrayed in three different levels; Level 1 goals are considered most important. All
goals will be incorporated in design alternatives. Rankings will only be used as a means of making design decisions
when one goal appears to require precedence over another. Operational Project Goals take into account prior work by
the Park Commission including the Criteria for Restoration Plan adopted November 17, 1997. The goals are
intended to help maintain focus on the three major design spheres the Master Plan will address: providing additional
flood control and / or hazard reduction', protecting and enhancing the stream corridor functions and values, and
providing attractive and vital urban spaces while maintaining existing uses. Opportunities for comment and re
proioritization of the goals will occur during further stages of the master plan process.
Level 1
• To protect human lives and structural integrity of the buildings in the Plaza during a
severe flood event. (relative score 72)
• To enhance the natural setting and environmental functions and values of Ashland Creek
in Calle Guanajuato. (relative score 50)
• To greatly reduce damage to public infrastructure during a severe flood event.
(relative score 44)
Level 2
• To greatly reduce damage to private property during a severe flood event.
(relative score 32)
• To establish interesting and attractive urban spaces on Calle Guanajuato.
(relative score 29)
• Blend new Calle Guanajuato design elements with the Plaza/Downtown area and with
Lithia Park. (relative score 22)
• To maintain existing uses in Calle Guanajuato. (relative score 21)
Level 3
• To allow for interaction between pedestrians and Ashland Creek on Calle Guanajuato
area. (relative score 16)
• To restore and enhance the Calle Guanajuato as a part of the heart and soul of Ashland.
(relative score 9)
• Operational goals assume floodwater will be contained, to the maximum extent practicable, within the Calle
Guanajuato area downstream of the new Winburn Way Bridge. It is also assumed that floodwaters will be
prevented from being directed toward the Plaza area, to the maximum extent practicable, by activities and
structures upstream of the Winburn Way Bridge. These goals were incorporated in earlier work on Ashland
Creek by the City and their consultants, OTAK, and are not to be revisited in the scope of this project.
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League of Oregon Cities
1999 ANNUAL CONFERENCE and BUSINESS MEETING
November 12 - 14, 1999 — Hilton Hotel and Conference Center, Eugene
Designation of Voting Delegate
at Annual Business Meeting
The annual business meeting will be held Sunday, November 14, at 7:30 a.m. Each
city is entitled to cast one vote at the business meeting; however, all city officials are
encouraged to attend.
Use this form to indicate those persons who will represent your city as a voting delegate
and alternate delegate. The voting delegate or alternate should pick up a voting card at
the Conference Registration Desk on Sunday morning prior to entering the business
meeting. NOTE: Delegates may not vote without a voting card, and voting cards will
be issued only to a person indicated on this form. Voting by proxy will not be permitted.
FOR THE CITY OF
VOTING DELEGATE
Name
Title
ALTERNATE
Name
Title
Submitted by
(Signature)
Return by October 29 to: Name
(Print)
League of Oregon Cities Title
P.O. Box 928
Salem, OR 97308 Telephone Number
GALOQLOCCONFl1B OELEGFRM.MEM
City Council Communication
Administration
Strategic Planning Update
October 19, 1999
Submitted by: Mike Freeman
Title:
Update on the implementation of Council's 1999—2000 Goals.
Synopsis:
The City Council adopted several goals for the 1999—2000 Fiscal Year. Attached is an update on the
implementation of these goals.
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Council Communication
Public Works Department
Construction / Project Summary
October 19, 1999
Submitted by: Paula Brown/
Approved by: Mike Freeman
Title:
First Quarter 1999/00 Construction and Major Project Activity Summary (#1)
Synopsis:
The following summarizes the construction and major project activity currently in progress.
Only projects shown in the Capital Improvements Program (FY 00—02 program is attached) are
summarized.
Recommendation:
This is for information only, no action required.
Background Information:
The Public Works Department is involved with the majority of the construction activities within
the City. Many of the CIP projects are budgeted in various Departments and are coordinated
through the Engineering and Public Works Administration Division. Many projects require
coordination across divisions and with other Departments. Staff will provide more detail on any
project as desired by the City Council. The projects are organized as they appear in the CIP
document.
1'9.I iSGR\PAULA\COIJ\CIL\Construction 1 updates\constriction memo oct 99.doc Page - 1 -
City of Ashland - Capital Improvements Program (CIP)
First Quarter 1999/00 Construction and Major Project Activity Summary (#1)
Transportation
❑ Oak Street Traffic Calming and Improvements to the Oak\Hersey Street Intersection
This project is designed to provide safe pedestrian access and maintain safer vehicle
speeds on Oak Street through traffic calming measures. This project will create two
formal intersections at Oak and Nevada Streets with raised crossings and at Oak and
Hersey Streets with a traffic island. It also provides sidewalks, raised crosswalks, "bump-
outs" at some of the intersections, four raised speed bumps and miscellaneous paving.
Cost $150,000 (Oak Street) and $35,000 (Oak/Hersey Intersection)
($100,000 in ODOT grants)
Status Versatile Concrete was awarded the contract for the work and has been on
the job since mid September. The work is progressing well with about
75% of the sidewalks completed. The intersections and raised concrete
crossings take a little more time to allow for daily through traffic during
construction.
Completion mid November 1999
❑ Union Street
Reconstruct the existing street section on Union Street including pavement overlay, curb
and gutter, sidewalks, driveway improvements, and related storm drain system
improvements.
Cost $112,000 (State FAU $92,000 and City)
Status The storm drain work on Union is almost complete (see below). City
crews were also able to complete necessary sanitary sewer upgrades as
well. The remaining street surface improvements will be contracted,
partially through the miscellaneous concrete project and through a separate
paving contract this fall and next spring.
Completion May 2000
❑ Siskiyou Blvd—4ffi Street to Walker Avenue
The design phase of this project will provide for public input and comparison of
alternatives for creating bicycle lanes to provide a safe pathway through the City of
Ashland for both bicycles and pedestrians. The construction phase will follow the design
and will involve major construction of new features (bikepaths and other pedestrian and
transit improvements) and replacement of sidewalks, curb and gutter, driveway
approaches and other details based on the completed design plan.
Cost $100,000 (FY00 predesign concepts only)
F:A I!S FR\PA111.,rUCOtiNl11.TC'onstruction Updatcs.%Wnsnuction menio oct 99.doe page - 2 -
Status As a part of ODOT approval and project funding, ODOT requires
jurisdictional transfer of the street section. Staff has been evaluating the
costs and negotiating costs with ODOT. Staff presented initial findings to
Council at a study session and will bring back a final recommendation for
Council decision in December. Upon a decision to move the project
forward, staff will request the Mayor and Council appoint a committee to
make final recommendations for conceptual design.
Completion Design is to continue into FY01.
Construction is scheduled for FY02 ($1.8 M)
❑ Bus Shelters
Construct roadway and site improvements including bus shelter, bus turnouts, asphalt
paving and pavement overlay, curb and gutter, sidewalks modifications,retaining wall
improvements, and related storm drain system improvements. All of the sites will have
electricity for lighting, and several of the sites have drinking fountains and phones. The
current plan is for 7-8 new shelters. The number of locations for new shelters may be
reduced depending upon the future of RVTD bus routes and final cost estimates.
Cost $240,000
Status This project was put out for construction bids in August. Only one bidder
responded and the costs were $100,000 over the engineer's estimate. Staff
will meet with a group to discuss design modifications, and expects to re-
bid the project this fall. There may be consideration to moving or deleting
the bus shelter at Gresham to accommodate the library expansion.
Completion June 2000
❑ Central Ashland Bikewav
The Central Ashland Bikeway project began in 1998. The first phase was basically
completed in 1999, with a path constructed from the corner of Eighth and A Streets to
Tolman Creek Road near Mistletoe Road. This second phase of the project will extend
the length of the bikepath through the investment in additional easements for the
extension to both the east and west city limits.
Cost $125,000—primarily designated for easement and right-of-way acquisition
and perhaps some further design elements
Status Staff will bring this to Council later this fall for a description of the next
phases for the bikepath. Ledford Construction is completing final punch
list items this month and City crews are installing the final signage and
painting. The Bikepath continues to get a lot of use.
Completion June 2000 (acquisition for second phase)
Fig.U�I�R\PAULA\COUNCIL\Construction Updates\coustruetiou memo oct 99.110c page - 3 -
1
Local Improvement Districts
❑ Walnut Street
Walnut Street is currently an unimproved dirt road. This project will require formation of
an LID to construct roadway improvements including re-grading, asphalt paving and
pavement overlay, curb and gutter, sidewalks, driveway improvements, and related storm
drain system improvements.
Cost $214,000
Status There has not been any interest to date in forming this LID. This project
may slip into next year to allow completion of other LIDs that have been
requested.
Completion may slip to FY01
• Palmer Road/Penny Drive
Penny Lane and Palmer Street are currently unimproved dirt roads. This project will
require formation of an LID to construct roadway improvements including re-grading,
asphalt paving and pavement overlay, curb and gutter, sidewalks, driveway
improvements, and related storm drain system improvements.
Cost $67,000
Status This LID will come to Council in December as a public hearing to form
the district. Staff has received very positive direction and has 100%of the
benefited area in favor of the improvements (with the exception of the lack
of desire for sidewalks). The design will be completed this winter,
assuming the Council forms the LID, and construction will follow in the
spring.
Completion May 2000
• Central Avenue
The extension of Central Avenue will make the final connection of Central Avenue with
Water Street. This project is being completed under an LID with city participation in the
sidewalk along the north side. Improvements include re-grading, asphalt paving and
pavement overlay, curb and gutter, sidewalks, driveway improvements, and related storm
drain system improvements.
Cost $60,000
Status Staff has contracted out the design of the Central Avenue extension and
expects the design to be completed by the end of the calendar year. The
LID has been formed with the City participating in the sidewalk on the
north side of the street and Lloyd Haines completing the remainder of the
costs. Construction is scheduled for the spring when the weather is good.
Completion May 2000
F:'%.1 iSEW PAULA\COU\CSL',Construction Updatcs�:a nsiructiou Mani)oct 99.iloc page -4 -
t ,
❑ Scenic Drive/Nutley Street/ Strawberry Lane/Alnutt Street
Alnutt Street, Strawberry Lane, the upper portion of Nutley Street, and a portion of
Scenic Drive are unimproved dirt roads. This project requires the formation of an LID to
construct roadway improvements including re-grading, asphalt paving and pavement
overlay, curb and gutter, sidewalks, driveway improvements, and related storm drain
system improvements. It is expected that improvements for this project will be
coordinated with the Strawberry/Alnutt Street improvements and future development on
Strawberry Lane. The development costs are not included in the costs shown for this
project.
Cost $796,800 (preliminary estimate only)—costs to be shared among members
within the approved LID, developers and the City.
Status Staff from Engineering and the Planning and Development Departments
have met together, and with the developers on the Strawberry Lane
proposal. With the storm drainage issues resolved, this project is now
proceeding. Staff will identify the LID area, and provide a detailed cost
estimate for the work, and will bring this to council in the next few
months.
Completion construction is estimated for FY01
Airport
❑ Taxiway Improvements
Construct airport improvements including pavement overlay, and related storm drain
system improvements.
■ Install perimeter security fencing
■ Construct east hangar access taxi lanes
• Install taxiway retro reflectors
Cost $450,000 over two years (AIP Grant- 10% City match)
Status Staff has requested these pieces be included in the next Airport
Improvement Program, but has not yet received approval. Construction is
to span two fiscal years (FY00 and FY01)
Completion June 2001
❑ Hanger Construction
Construct 11 new t-hangers to be leased on a monthly basis. Currently there is a waiting
list for the existing t-hangers. The additional hangers will provide a needed increase in
the activity level at the airport.
Cost $225,000
Status This has continued to be a topic of conversation for the Airport
Commission. Members of the Commission are searching for innovative
ideas to the construction. No decisions have been reached. Once the
Fi.l TSBR`..Pi\ULA`%COt NI'ILIConstrtiction 1 ipdatts\construction incmi)00 99.d0c page - 5 -
members have reached agreement, a financing proposal will be brought to
the Council.
Completion Fall 2000
Water
❑ TAP (to Talent)
The Talent-Ashland-Phoenix Water Intertie Project(TAP) is a coordinated effort between
the three communities and the Medford Water Commission. This first phase builds the
water pipeline from Medford to the City of Talent, preserving capacity for the City of
Ashland to tie in at a future time.
Cost $1,021,000
Status The project final design is approximately 60% complete. Final design and
engineering plans are expected to be completed in the spring and
construction could begin next summer or fall. The property acquisition is
complete for the regional pump station.
Completion Design—Spring 2000; Construction—Fall 2001
❑ Water Treatment Plant Filter Improvements
The Water Treatment Plant is facing several necessary improvements over the next few
years. Initially, staff is focusing on the filter beds to add capacity and improve the
treatment effectiveness and the other is completing the conversion to sodium hypochlorite
instead of using chlorine gas. Both of these improvements are reflected in the project
budget for a two-year period FY01 and FY02.
Cost $400,000 (FY01 and FY02)
Status Although this is really a future construction project, staff is evaluating the
overall water distribution and operational needs for the next several years.
A comprehensive evaluation of the distribution system in conjunction with
these planned projects will be completed in FY00 and into the next year as
funding allows. Several pieces of the project have been started though
other projects (last years' water master plan looking at water supply issues,
Crowson Reservoir Roof replacement, and miscellaneous improvements at
the water treatment plant).
Completion FY02
❑ Transmission Line (Reeder to Plant)
The main water transmission line from Reeder Reservoir to the water treatment plant
needs to be replaced, given its age. The current project proposes to replace the existing
one mile length of 24" waterline and supporting structures with 30" ductile iron pipe
line, as well as improving drainage and erosion potential as related to the support
structures.
P^.OS1 R\P�\ULA\COLNCIL.`.Cons[ruction Updatc�\cons[ruc[ion memo oct 9S7.Joc page - 6-
Cost $1,050,000
Status As discussed above, this is also one of the "future"projects that needs a
comprehensive evaluation. Staff is exploring ways to complete the
evaluation this year to ensure we are looking at the whole water
distribution/operations program and not just piecing it together.
Completion FY02/03
❑ Water Rights Purchase
As a part of the Comprehensive Water Supply Master Plan completed last fiscal year, the
Council decided to purchase water from Lost Creek Lake for eventual supply to the TAP
system.
Cost $931,000
Status This purchase was projected for FY02. Staff will continue to evaluate the
need to purchase the water earlier so that our long-term water needs are
met. If staff considers it prudent to recommend purchasing the water
rights sooner than 2002, that will be brought to Council for approval.
Completion FY02
• Miscellaneous Water Distribution Lines
The project represents an ongoing process of replacing existing undersized or
deteriorating water lines with new 8-inch lines. Staff has targeted the following
locations:
Fork Street - Vista Street south
Morton Street - Siskiyou Boulevard to East Main Street
Idaho Street - Iowa Street to Holly Street
Skidmore - North Main Street to Van Ness Avenue
Cost $25,000 (each of the next three years)
Status These are all in-house project work. The water division will complete
work in Fork Street later this fall. The other projects will be completed in
FY01 and FY02.
Completion Fork Street—Fall 1999
• Crowson Reservoir Roof
Crowson Reservoir is the City's primary distribution reservoir. Built in 1923, the
concrete roof structure was constructed in the late 1950's. This project removes the
existing roof structure and replaces it with a new composite steel and concrete structure,
which will maintain the capacity of the reservoir.
Cost $340,000
I:':'�USftR'.PAIiL:�\COIi\'CII?.ConsUUCtion Updatodcnugruaion memo oc[99, 10c page - 7-
Status Adroitt Construction is under contract to complete this work, but has been
delayed due to weather initially, and now due to concerns with getting
adequate water to town during construction. Because of the way the water
treatment plant feeds water to town, staff with the aide of a consultant is
evaluating the hydraulic capacity of the upper distribution system with
Crowson off-line. This analysis is almost complete and staff will evaluate
the interim distribution needs during the reservoir roof construction. Staff
expects that the construction work will take 90 days and that the reservoir
will be off-line for at least 60 days.
Completion If we are able to construct this fall (start by mid November), we will be
complete by March 2000.
Wastewater Treatment Plant
❑ Treatment Plant- On Site Process Improvements
The existing wastewater treatment plant is beyond its life expectancy and process
capabilities. Construction of new process improvements began in 1998 and is to be
completed by December 2000. These improvements include demolishing the existing
activated sludge system and building an Eimco Carrousel Process. These improvements
enable more effective and efficient operational capabilities.
Cost Total Project Cost is $12,800,000—FY00 costs are projected at$2,800,000
Status Construction is progressing well and is on schedule even with the changes.
The contractor is about 75%complete. As status reports are provided to
you every month or so, details are not included in this report.
Completion October 2001
❑ Treatment Plant Off Site Reuse
This portion of the treatment plant improvements provides for final reuse of the treated
effluent in the summer and biosolids application on City owned EFU land. This project
is fully designed and construction was scheduled to begin in the summer of 1999.
Originally, this project was scheduled to be on line for biosolids in the winter/spring of
2000 and for effluent reuse in the spring of 2001.
Cost Total project costs are to be $8,800,000—FY01 was to be $5,530,000, but
has been delayed.
Status The LUBA decision has been rendered. The decision was remanded to the
County for additional hearings and process, however, LUBA upheld the
farm use designation for the effluent and biosolids reuse. The City has
appealed the LUBA decision to the Court of Appeals and is awaiting a
decision after the first of the year. This has delayed the construction start
on the project for at least 6 months.
Completion With construction delayed until at least an April 2000 start, completion is
also delayed. We have asked for an extension on the DEQ mandated
Pt�I i SBR\PA(JLA1(.:OUNCIL`.Cortstruction Updates\construction memo oct 99.doc . page - 8 -
compliance schedule and expect their response later this month. We
expect a 12-18 month construction period with completion in the fall
2001.
• Wetlands Demonstration Project
This"pilot"project began in 1997 to test phosphorus removal capabilities. Ongoing
expenditures include data collection, maintenance and changes to the system for
evaluation purposes.
Cost Total project costs $450,000; FY00 costs $35,000
Status CES is completing a final regime of data collection and testing. Their
contract is complete at the end of this calendar year and staff is looking at
the results of the data for justification to continue data collection. It is the
project will continue at least one more year for data analysis.
Completion Summer 2000
• Ashland Creek Pump Station
The Ashland Creek Pump Station is well beyond its and useful life. This project
constructs a new below-ground, totally submersible pump station with three pumps with a
capacity to move 3,000 gallons per minute to enhance reliability and effectiveness. This
pump station collects over 60%of the City's raw wastewater. The replacement of the
Ashland Creek Pump Station became a necessity as we started the process improvements
at the plant. It was not included in the revisions to the final design of the on-site work
and was"remembered"as we had some pump difficulties. This project will totally
rebuild the pump station to an underground collection wet well with new pumps. The old
pump station will be demolished.
Cost $1,000,000
Status This project is being completed as a change order to the on-site work.
Work started in September and should be completed in November.
Completion November 1999
Other Wastewater Projects
❑ Bear Creek Interceptor
Install a new 24-inch line parallel to the existing undersized sewer main trunk lines along
Bear Creek . The existing lines will be available for use along with the new line should
the need arise. The construction of the parallel line will prevent any interruption in flow
throughout the installation process.
■ Phase I is located near the wastewater treatment plant and runs to Oak Street
■ Phase II begins near Nevada Street and runs to the area north of Carol Street
■ Phase III begins near the North Mountain Park and extends to Walker Avenue.
I�:TSGRV11AIi LAACOUNl9 I-Wonstrunon updatcs\construction memo oct 99.doc page - 9 -
Cost $200,000 FY00 for Phase I
Status Because this section runs along the access road from the wastewater
treatment plant to Oak Street, staff has tied this to the Off-Site project
work to realize construction savings. The design is complete for this
section and construction depends on the timing of the off-site work.
Completion Delayed to summer/fall 2000
❑ Ashland Creek Flood Restoration at WWTP
This project was the final flood restoration project. This project recreates the edge of
Ashland Creek and builds a retaining berm along the north side of the creek at the bend
immediately above the wastewater treatment plant area. The project continues to the
access bridge to the plant.
Cost $20,000 (originally estimated to be $50,000)
Status Completed in August
Completion Complete
Storm Drains
❑ Union Street
In preparation for the street improvement project, City crews will install a 12-inch storm
drain line with catch basins on Union Street. This street has no existing storm drain and
relies on the street to transport sheet flows. The ground water in this area is high and
there is considerable moisture under the pavement that will be captured in this new storm
drain system and will help extend the life of the new street section.
Cost included in street improvement project costs (approximately $20,000)
Status City street crews are nearing completion of this portion of the project in
preparation for the remaining street improvements. This project should
help eliminate the water form associated springs in the area.
Completion October 1999
❑ Garfield Street/Vista Avenue
This is a combination of several minor storm drain system improvements within the City.
These improvements provide either new storm drain lines or significant upsizing of storm
drain lines to enable adequate flows and capacities. New lines will be 12 inch PVC pipe
to meet the City's minimum line size requirements.
Cost $50,000
Status Due to an unanticipated storm drain collapse and sink hole on Scenic
Drive (see below), the majority of the work on these two sites will be
postponed until next year.
Completion Postponed to fall of 2000
F:\Utilll.\I';lUL:1\COItNCIti,Con<uuction Updatcsl..construction memo uct 99.doc page - 10
❑ Scenic Drive
During the summer, City crews were alerted of a sinkhole on Scenic Drive between
Wimer and Nursery Street. Upon further evaluation, it was determined that the storm
drain had contributed to the sinkhole and needs to be repaired. This project will replace
the storm drain between Wimer and Maple as necessary.
Cost $25,000—30,000
Status City crews will begin this work in November
Completion November 1999
Administration -City Facilities
❑ Hillah Temple\City Hall Office Space
The purchase of the property occupied by the former Hillah Temple occurred in 1998.
This project includes the re-model and expansion of the existing structure to provide
approximately 11,000 sq. ft. of new office space for Community Development and Public
Works Administration/Engineering. Project also includes the development of a trash and
recycle area, public restrooms and off-street parking within the project area, but not
attached to the build.
Cost $450,000
Status Conceptual Design is complete.
Completion: Construction is scheduled for FY00 and into FY01
❑ B St Yard
The City purchased the final comer lot on this property in 1997 to expand the existing
storage and equipment parking area. The area adjacent to the new site has been used by
the City since its purchase in 1985. Site improvements (fencing and irrigation)required
by the Planning Commission in the zone change process began last year. The bulk of the
improvements will be made this year, including the installation of a vehicle wash rack,
site drainage and area paving.
Cost $120,000
Status The Parks Department is planning on planting the park row area this fall.
Our street crew is to complete the interior paving this fall. Engineering is
finalizing all of the requirements for final planning action and approval so
that the buildings can be erected next spring.
Completion June 2000
P:\l!SIIa1'';\UI,:�`.COUNCII.:Coustruction Updates\construction memo oct 99.doc page - 11
❑ Fire Station#1
This project is necessary to eliminate the existing sub-standard fire station, which creates
operational difficulties. The new facility will consist of approximately 13,000 sq. ft. and
will provide drive through storage for up to six apparatus, new living quarters, emergency
communication equipment, off-street parking and public meeting space. It includes the
purchase of the adjacent real property for expansion of Fire Station No. 1.
Cost $4,250,000 Bond - Funding for this project is contingent upon the
approval of Ashland citizens in the 1999 fall election.
Status Conceptual Design is complete.
Completion Construction is scheduled for FY01 and 02
Parks & Recreation
❑ Calle Guanaivato Improvements
The 1997 New,Year's day flood caused significant damage throughout the City. One of
the hardest areas hit was the downtown area, including the section of Ashland Creek that
passes next to Calle Guanajuato. This project covers the initial phase of improvements to
the Calle area. The Ashland Parks & Recreation Department is taking the lead to develop
the master plan for the affected area, with the City's focus on flood carrying capacity.
This project will address merchants, restaurateurs, Saturday marketers and tourist needs
for the Calle area.
Cost Total Project $1,600,000—to be financed over time
Status The Parks Commission approved the final Master Plan (October 12"
meeting) and the plan now goes to Council for financing options. Staff
will review flood carrying capacities of the final plan and develop
necessary recommendations for active flood management.
Completion FY00—FY01
P^,UtiLI:`,l':\UL:�`.CUUNCII:•.Cnustruetion Updates.con;truction memo ou 99.doc page - 12
City of Ashland
Capital Improvements Plan
1999-2002 Construction Years FYOO FY01 FY02 Totals
lPR0r�IIIIIIIIIIIIIIII
Years
TRANSPORTATION
Oak Street Traffic Calming 150,000 50,000
Union Street 100.000
Sisk you Blvd(design) 100,000 150,000
�A,,1250,0(30
Sisk you Blvd(constnction)FY02 250,000 Y'
Bus Shelters 240,000
,-17 240,000
Central Ashland Bikeway 125,000 "125,'000'
Oak SMersay St Intersection 35,000
Subtotal MMMUIU-5700]Moof2_SOMO
Loyal Improvement Districts
Note:Costs shown are total project costs,City portion varies (avg.40%)
Walnut Street(paving) 214,000
Palmer Road/Penny Drive 92,000 -92,0001
Central Avenue 58,000
these four projects are being evaluated-ktth the
,,-�,Nuft Street Strawberry Lem Development and LID 46,000
Strawberry Lane
x.i '14112.000
93.600
AJnut Street
IMMIRK01 Subtotal 706,000 58,000 ]�T028800
Aia&d
Tammy improvements(AIP Grant-10%City match) 225.000 225,000 a :450,000
Hanger Construction 225,000
_225.00T
Subtotal 225,006 450.000 �0100005.000
WAM
25,000 TAP(toTalent) 1,021.000 344,000 931.000 2,321.000,
Water Treatment Plant Finer Improvements 200,000 200,000 400,000:'
Transmission Line(Reeder to Plant) 550,000 500,000 1;050,000
Water Rights 931,000
MEM2_5700-01 TAP Subtotal(Bond Issue) MINKIT0-1-120-001 MMM§E4 7_
MMK1r63I- Q-qO] 7-02ML00
T
Misc Distribution Lines 25,000 25,000 25.000 135,000
50,000 lCrowson Reservoir Roof 380.000
43010.0
WASTEWATER
Wastewater Treatment Plant
950,000 Land 950,000.
12,252 Treatment Plant 5,655,000 17,907,000.
1620;000 Treatment Plant offsite 7,500,000 1,280,000 - - 10,400,000
404„A50 Wetlands 35,000 439,450,
Ashland Pump Station 1,000,000 . ;1,000,000
15`2260 Subtotal 14,190�0 i,z80;o00. U 3'O,s98 a5o
Bear Creek Interceptor
Oak St to W WTP 96,000 ` - 96.000
Nevada to Carol 104,000 46,000 `i- 150,000,
fi�jAshlancl Creek Flood restoration at W WTP 50,000 "50,000`
STORM DRAINS
Miscellaneous Stonn Drain Sections
Union Street
20,000 '-``20,000
Garfield Street 15,000 15,000?
Vista Street 15,000 15,000
ADMINISTRATION
�Jbr Facilities
650,000 Hillah Temple\City Hall Office Space 450,000
1,100,000
35,000 B St Yard 120,000 155,000
50,000 Fire Station#1 1,875,000 2,375,000 °4,300,000
Fire Station#2 ';=1,500,000
;000 Subtotal 2,445,000 2;]75ON� 0 7,„055,000
PARKS&RECREATION
Celle $383,000 '$383,000'.
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Council Communication
Department of Community Development
Planning Division
Land Use Ordinance Amendment — Minimum House Size
October 19, 1999
Submitted by: John McLaughlin
Approved by: Mike Freeman
Title:
Council initiation of a planning action for an amendment to the Ashland Land Use Ordinance to
prohibit the establishment of minimum house sizes by private development agreements.
Synopsis:
There have been some new subdivisions approved within the city that, as part of the Conditions,
Covenants and Restrictions (CC&R's) have established minimum house sizes, generally in the
2000-3000 sq. ft. range. The purpose is for developers to provide assurance to buyers that future
construction on nearby vacant lots will be of similar size and value to theirs.
A concern is that this approach runs counter to the City's Housing Goal, which states:
Ensure a wide variety of dwelling types and provide housing opportunities for the
total cross-section of Ashland's population, consistent with preserving the character
and appearance of the City.
These restrictions generally result in less variety in dwelling types within a subdivision, and limit
opportunities for purchase to certain segments of the population because of the size requirement.
Recommendation:
Section 18.108.150 states that the Council may initiate a planning action and direct the
appropriate city department to complete and file the application. We recommend that the
Council direct the Planning Staff to file a ordinance amendment request to prohibit the
establishment of minimum house sizes by private agreements.
Background Information:
It is recognized that this action will not force people to build smaller homes, but it will remove
an impediment to those that may chose to live in certain areas but wish to build more modest
homes. Further, it is more in keeping with our Housing Goal and with state requirements
ensuring the opportunities for wide varieties of housing in all locations.
Council Communication
Legal Department
Telecommunication Code Amendments
October 19, 1999
Submitted by: Paul Nolte
Approved by: Mike Freeman
Title:
Second Reading of an Ordinance Amending the Telecommunications Title 16 of the Ashland
Municipal Code to Add Provisions Regulating Cable Service and to Simplify and Clarify
Requirements for Grantees
Synopsis:
This ordinance was first read at the council meeting on October 5, 1999. During discussion of the
ordinance, the council indicated that it wanted to incorporate the amendments suggested by
Councilor Hauck as well as the amendments I suggested in the council communication dated
October 5. All of those amendments have been incorporated into the ordinance for second
reading. The charter requires that each section that has been amended must be read in full. At
second reading,therefor, the sections amended at first reading must be read in full prior to
adoption of the ordinance at second reading. In addition the following amendments are suggested
for council adoption. These additional amendments were proposed upon further consultation with
representatives from US West after the first reading:
Amend 16.04.040.L (as set forth in page 1, section 2 of the ordinance) to read:
Gross Revenue. Except for a telecommunications utility, gross revenue means
gross revenue derived by grantee from the provision of telecommunications
services originating or terminating in the city on facilities covered by the franchise.
For the purposes of this definition net uncollectibles from revenue included in
gross revenues may be excluded from gross revenues. For a telecommunications
utility, gross revenue means those revenues derived from exchange access services,
as defined in ORS 401.710, less net uncollectibles from such revenues. Ifa
telecoinintinications titility provides telmollruTtIniCatiOn services in addition to
have tit, meatting defined in tire first sentence of this section.
Amend 16.24.070.13 (as set forth on page 18, section 33 of the ordinance) to read:
The franchise fee for a telecommunication utility shall equal 7% of its gross
revenue on exchange access services earned within the boundaries of the city. In
addition, a tClCC0nIILIUIriC3ti0n Utility shall pay the fi:, in the fbilowing-paragraph
on telecommunications SeL iCC3 which are not local CXChWlg�
Amend 16.12.075 (as set forth on page 5, section 11 of the ordinance) to read:
Diminished Pavement Life Fee. Grantee, for any construction requiring pavement
cuts, shall pay to city an amount to reimburse city for the pavement degradation
and shortened pavement life that results from such cuts. Such fees shall be set by
resolution of the city council and shall be based upon the linear feet of the
pavement cut, the age of the pavement when cut and whether the excavation is
transverse or longitudinal. This section shall not apply to a Telecommunication
Utility if such fee is determined by a court of competent jurisdiction to fall within
the restrictions of ORS 221.515(3). If such determination is made,then the fee
shall apply only to cuts made after the determination.
Recommendation:
Adopt second reading of the ordinance with the above amendments. (These amendments and the
amendments adopted at first reading should be read in full prior to adoption of the ordinance at
second reading.)
Background Information:
The amendments proposed in this council communication have been urged by US West. The
issues resolved by these amendments are currently being litigated by the City of Eugene, as
defendant, and several telecommunication providers including US West, AT&T, Sprint and TCI
Cable as plaintiffs. The case is now before the Oregon Court of Appeals after being appealed by
the City of Eugene who lost on summary judgment at the trial level. The particular issue
involving US West is the restriction imposed on cities by ORS 221.515. This statute permits
cities to charge US West, as the incumbent local exchange carrier, a privilege tax limited to 7%of
a restricted gross revenue base, for the use of the city streets. Cities are restricted under ORS
221.515(3), however, from charging"any additional fee, compensation, (or) consideration" for
such use of the streets. The Eugene case involves an ordinance imposing fees on users of streets
which US West contested as exceeding the statutory limit.
Similarly, US West maintains that the provisions set forth above in the synopsis, if left in their
original form, exceed the city's authority under the statute. Until the issues being litigated in the
Eugene case are resolved, my suggestion is that we modify these provisions as proposed.
(G:\PAUL\Telecommunications\Ordinances\uhland amend 999 anno cc2d.wpd)
e
ORDINANCE NO.
AN ORDINANCE AMENDING THE
TELECOMMUNICATIONS TITLE 16 OF THE ASHLAND
MUNICIPAL CODE TO ADD PROVISIONS REGULATING
CABLE SERVICE AND TO SIMPLIFY AND CLARIFY
REQUIREMENTS FOR GRANTEES
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The following section 16.04.025 is added to the Ashland Municipal Code:
16.04.025 Applicability to Cable Service and Open Video System. To the extent
not specifically precluded by the Cable Act or any other federal law, this title shall
apply to cable service provided within the city and to Open Video Systems, as
that term is used in section 653 of the Telecommunications Act.
SECTION 2. Sections 16.04.040.J, K, L, Q, Y and BB of the Ashland Municipal Code
are amended to read:
J. Franchise means an agreement between the city and a grantee which
grants a privilege to use public right of way and utility easements within
the city for a dedicated purpose and for specific compensation.
K. Grantee means the person to which a franchise is granted by
the city.
L. Gross Revenue. Except for a telecommunications utility, gross revenue
means gross revenue derived by grantee from the provision of
telecommunications services originating or terminating in the city on
facilities covered by the franchise. For the purposes of this definition net
uncollectibles from revenue included in gross revenues may be excluded
from gross revenues. For a telecommunications utility, gross revenue
means those revenues derived from exchange access services, as
defined in ORS 401.710, less net uncollectibles from such revenues. If a
telecommunications utility provides telecommunication services in addition
to exchange access services, then gross revenue for those additional
services shall have the meaning defined in the first sentence of this
section.
Q. Public Rights of Way include, but are not limited to, streets, roads,
highways, bridges, alleys, sidewalks, trails, paths, public easements and
all other public ways, including the subsurface under and air space over
these areas, but only to the extent of the city's right, title, interest or
authority to grant a franchise to occupy and use such streets and
easements for telecommunications facilities. Public Rights of Way do not
Page 1 —ORDINANCE (F:\USER\PAUL\Telecommunications\Ordinances\ashland amend 999.wpd)
include trails, paths or sidewalks within parks or other areas of the city
unless the trail, path or sidewalk has been dedicated as a right of way.
Y. Reseller means any person that provides telecommunications service
using a telecommunications facility within a public right of way for which
service a separate charge is made, where that person does not own,
lease, control or manage the telecommunications facility used to provide
the service.
BB. Utility Easement means any easement within the public right of way
designated on a subdivision plat or partition map as a utility easement,
public utility easement or "P.U.E." or any easement granted to or owned
by the city and acquired, established, dedicated or devoted for public
utility purposes not inconsistent with the telecommunications facilities.
SECTION 3. Section 16.08.010 is amended to read:
16.08.010 Purpose. The purpose for registration is:
A. To assure that all telecommunications carriers who have facilities or
provide services within the city comply with the ordinances, rules and
regulations of the city.
B. To provide the city with accurate and current information concerning the
telecommunications carriers who offer to provide telecommunications
services within the city, or that own or operate telecommunications
facilities within the city.
C. To assist the city in the enforcement of this title and the collection of any
city franchise fees or charges that may be due the city.
D. To assist the city in monitoring compliance with local, state and federal
laws as they apply to grantees under this title.
SECTION 5. Section 16.08.020 of the Ashland Municipal Code is amended to read:
16.08.020 Registration Required. Except as provided in section 16.08.040, all
telecommunications carriers having telecommunications facilities within the
corporate limits of the city, and all telecommunications carriers that offer or
provide telecommunications service to customer premises within the city, shall
register with the city. The appropriate application and license from: a) the OPUC;
or b) the FCC qualify as necessary registration information. Applicants also have
the option of providing the following information:
A. The identity and legal status of the registrant, including the name, address
and telephone number of the officer, agent or employee responsible for
the accuracy of the registration statement.
Page 2—ORDINANCE (F:\USER\PAUL\Telecommunications\Ordinances\ashland amend 999.wpd)
B. A description of the registrant's existing or proposed telecommunications
facilities within the city, a description of the telecommunications facilities
that the registrant intends to construct, and a description of the
telecommunications service that the registrant intends to offer or provide,
or is currently offering or providing, to persons, firms, businesses or
institutions within the city.
C. Information sufficient to determine whether the transmission, origination or
receipt of the telecommunications services provided or to be provided by
the registrant constitutes an occupation or privilege subject to any
business license requirements. A copy of the business license or license
number must be provided.
SECTION 6. Section 16.08.040 of the Ashland Municipal Code is amended to read:
16.08.040 Exceptions to Registration. The following telecommunications carriers
are excepted from registration:
A. Telecommunications carriers that are owned and operated exclusively for
its own use by the state or a political subdivision of this state and provide
telecommunications services for governmental purposes only.
B. A private telecommunications network, provided that such network does
not use or occupy any public rights of way of the city.
C. Telecommunications carriers that are grantees under a
telecommunications franchise with the city or previous grantees that have
timely filed for, and are actively and expeditiously pursuing, a franchise
renewal.
SECTION 7. Section 16.12.030 of the Ashland Municipal Code is amended to read:
16.12.030 Construction Permits. No person shall construct or install any
telecommunications facilities within a public right of way in the city without first
obtaining a construction permit and paying the construction permit fee
established in section 16.12.070.
A. No permit shall be issued for the construction or installation of
telecommunications facilities in the public rights of way unless the
telecommunications carrier has first applied for and received a franchise
pursuant to chapter 1620 or previous grantees that have timely filed for,
and are actively and expeditiously pursuing, a franchise renewal.
B. No permit shall be necessary for the installation of a customer specific
wire ("a drop") by a franchise grantee where no excavation within the right
of way occurs.
Page 3—ORDINANCE (F:%USER1PAUL%Telecommunications\OrdinancesXashland amend 999.wpd)
C. No permit shall be necessary for the installation of telecommunication
facilities within a utility easement that is not otherwise within, under or
over a public street, road, highway, bridge, alley, bikeway, sidewalk, trail
or path.
SECTION 8. Section 16.12.040 of the Ashland Municipal Code is amended to read:
16,12.040 Permit Applications. Applications for permits to construct
telecommunications facilities within a public right of way shall be submitted upon
forms to be provided by the city and shall be accompanied by drawings, plans,
specifications and maps in sufficient detail to
A. Demonstrate:
1. That the facilities will be constructed in accordance with all
applicable codes, rules and regulations and that the facilities will be
constructed in accordance with the franchise agreement.
2. The location and route of all facilities on or in the public rights of
way to be installed above-ground or on existing utility poles. The
location and route of all facilities to be located under the surface of
the ground within the public rights of way. Existing facilities shall be
differentiated on the plans from new construction.
3. The location of all of applicant's existing underground utilities,
conduits, ducts, pipes, mains and installations which are within the
public rights of way along the underground route proposed by the
applicant.
4. A typical cross section shall be provided showing new or existing
facilities in relation to the street, curb, sidewalk or right of way.
The application shall also be accompanied by computer generated electronic
maps of the proposed installations in a format specified by the city unless the
applicant demonstrates that the format utilized was developed by the applicant
and is proprietary.
B. Show the location, dimension and types of all trees which will be substantially
trimmed, removed or replaced as a result of the areas disturbed during
construction and which are within or adjacent to the public rights of way along
the route proposed by the applicant. The applicant shall submit a landscape
plan, satisfactory to the city, for the replacement of such trees.
SECTION 9. Section 16.12.060 of the Ashland Municipal Code is amended to read:
16.12.060 Traffic Control Plan. All work on, in, under, across or along any public
rights of way shall be performed consistent with the Uniform Manual of Traffic
Page 4—ORDINANCE (F:\USER\PAUL\Telecommunications\Ordinances\ashland amend 999.wpd)
Control Devices,to prevent injury or damage to persons or property and to
minimize disruptions to efficient pedestrian and vehicular traffic.
SECTION 10. Section 16.12.070 of the Ashland Municipal Code is amended to read:
16.12.070 Construction Permit Fee. Unless otherwise provided in a franchise
agreement, prior to issuance of a construction permit, the applicant shall pay a
permit fee in an amount to be determined by resolution of the city council.
Nothing in this section shall require a telecommunications utility to pay a permit
fee unless the utility is providing telecommunication services in addition to
exchange access services.
SECTION 11. The following section 16.12.075 is added to the Ashland Municipal Code:
Section 16.12.075. Diminished Pavement Life Fee. Grantee, for any construction
requiring pavement cuts, shall pay to city an amount to reimburse city for the
pavement degradation and shortened pavement life that results from such cuts.
Such fees shall be set by resolution of the city council and shall be based upon
the linear feet of the pavement cut, the age of the pavement when cut and
whether the excavation is transverse or longitudinal. This section shall not apply
to a Telecommunication Utility if such fee is determined to fall within the
restrictions of ORS 221.515(3).
SECTION 12. Section 16.12.090 of the Ashland Municipal Code is amended to read:
16.12.090 Construction Schedule. The permittee shall submit a written
construction schedule to the Department of Public Works before commencing
any work in or about the public rights of way. At the city's request, the
construction schedule shall include a best estimate deadline for completion of
construction. The schedule is subject to approval by the Director of Public
Works. The permittee shall further notify the Department of Public Works not
less than two working days in advance of commencing the project under the
issued permit for excavation or work in the public rights of way. When advance
notice is not possible because of an emergency, the permittee shall give notice
within 24 hours of the excavation or work. When feasible, permittee shall contact
all other grantees or utilities located within the public right of way where
construction is to occur. The purpose of the contact is to determine if joint
projects are feasible to minimize duplication of work and unnecessary
excavation. For those grantees or utilities expressing interest in a joint project,
permittee shall give them reasonable notice of the particular dates on which open
trenching exists. Upon mutual agreement, permittee shall make the trench
available to grantees and utilities for installation of conduit, pedestals, vaults,
laterals, wires, lines or equipment. The payment for the cost of trenching and
installation shall be as mutually agreed to by the parties. Provided permittee
demonstrates a good faith attempt to coordinate, the City shall not withhold
issuance of any permit due to the inability of the permittee and any grantee or
Page 5—ORDINANCE (F:\USER\PAUL\Telecommunications\Ordinances\ashiand amend 999.wpd)
utility to agree upon scheduling of the project and/or reimbursement of costs
associated with the project.
SECTION 13. Section 16.12.100 of the Ashland Municipal Code is amended to read:
16.12.100 Locates. The permittee 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. Every grantee under this
title shall join and maintain membership in the Oregon Utility Notification Center
and shall comply with the rules adopted by the center regulating the notification
and marking of underground facilities.
SECTION 14. Section 16.12.110 of the Ashland Municipal Code is amended to read:
16.12.110 Compliance with Permit. All construction practices and activities shall
be in accordance with the permit and approved final plans and specifications for
the facilities. The Department of Public Works and its representatives shall be
provided access to the work site and such information that is not confidential,
sensitive or proprietary as they may require to ensure compliance with such
requirements.
SECTION 15. Section 16.12.120 of the Ashland Municipal Code is deleted.
SECTION 16. Section 16.12.130 of the Ashland Municipal Code is deleted.
SECTION 17. Section 16.12.140 of the Ashland Municipal Code is amended to read:
16.12.140 Noncomplying Work. Upon order of the Department of Public Works,
after reasonable notice and an opportunity to cure has been given, all work
which does not comply with the permit, the approved plans and specifications for
the work, the franchise agreement or the requirements of this title, shall be
removed at the sole expense of the permittee.
SECTION 18. Section 16.12.150 of the Ashland Municipal Code is amended to read:
16.12.150 Completion of Construction. The permittee shall promptly complete all
construction activities so as to minimize disruption of the city rights of way and
other public and private property. All construction work authorized by a permit
within city rights of way, including restoration, must be completed within 120 days
of the date of issuance unless the city engineer agrees to a longer period.
SECTION 19. Section 16.12.160 of the Ashland Municipal Code is deleted.
Page 6—ORDINANCE (F:\USER\PAUL\Telecommunications\Ordinances\ashland amend 999.wpd)
SECTION 20. Sections 16.12.170.A, B and C of the Ashland Municipal Code are
amended to read:
A. When a permittee, or any person acting on its behalf, does any work in or
affecting any public rights of way, other rights of way or city property, it
shall, at its own expense, promptly remove any obstructions and restore
such ways or property to as near the original condition as reasonably
possible, unless otherwise directed by the city.
B. If weather or other conditions do not permit the complete restoration
required by this section, the permittee shall temporarily restore the
affected rights of way or property if directed to do so by the city engineer.
Such temporary restoration shall be at the permittee's sole expense and
the permittee shall promptly undertake and complete the required
permanent restoration when the weather or other conditions no longer
prevent such.permanent restoration. For the purpose of this subsection,
temporary restoration means restoring the property to a safe condition
permitting such use of the property as was made prior to the work being
undertaken. Temporary restoration does not require paving, landscaping
or surfacing of a permanent nature.
C. If the permittee fails to restore rights of way or property to as near the
original condition as reasonably possible, the city shall give the permittee
written notice and provide the permittee a reasonable period of time, not
exceeding 30 days, to restore the rights of way or property. If, after such
notice, the permittee fails to restore the rights of way or property to as
near the original condition as reasonably possible, the city shall cause
such restoration to be made at the expense of the permittee.
SECTION 21. Section 16.12.190 of the Ashland Municipal Code is amended to read:
16.12.190 Construction and Completion Bond. Unless otherwise provided in a
franchise agreement, or unless the city otherwise specifically approves an
alternative security to assure performance, a performance bond written by a
corporate surety acceptable to the city, and authorized to transact business in
Oregon, equal to at least 100% of the estimated cost of constructing grantee's
telecommunications facilities within the public rights of way of the city shall be
deposited before construction is commenced.
A. The performance bond shall remain in force until 60 days after substantial
completion of the work, as determined in writing by the city, including
restoration of public rights of way and other property affected by the
construction.
B. The performance bond shall guarantee, to the satisfaction of the city:
1. timely completion of construction;
Page 7—ORDINANCE (F:\USER\PAUL\Telecommunications\Ordinances\ashiand amend 999.wpd)
2. construction in compliance with applicable plans, permits, technical
codes and standards;
3. proper location of the facilities as specified by the city;
4. restoration of the public rights of way and other property affected by the
construction; and
5. timely payment and satisfaction of all claims, demands or liens for
labor, material or services provided in connection with the work.
SECTION 22. Section 16.12.200 of the Ashland Municipal Code is deleted.
SECTION 23. Section 16.12.210 of the Ashland Municipal Code is deleted.
SECTION 24. Section 16.16.010 of the Ashland Municipal Code is amended to read:
16.16.010 Location of Facilities. All facilities located within the public right of way
or utility easements shall be constructed, installed and located in accordance
with the following terms and conditions, unless otherwise specified in a franchise
agreement:
A. Grantee shall install its telecommunications facilities underground unless
the city specifically permits attachments to utility poles or other above-
ground facilities, provided, however, no entity with existing attachments to
utility poles shall be required to install new or existing facilities
underground except as provided in the following subsections.
B. Grantee shall install its telecommunications facilities within an existing
underground duct or conduit owned by it whenever surplus capacity exists
within such utility facility unless grantee demonstrates to satisfaction of
city that such installation is not feasible.
C. A grantee with permission to install overhead facilities shall install its
telecommunications facilities on pole attachments to existing utility poles
only, and then only if usable space is available as determined by the
Department of Electric Utilities or the owner of the poles:
D. Whenever any existing electric utilities are located underground within a
public right of way of the city, a grantee with permission to occupy the
same public right of way must also locate its telecommunications facilities
underground. Whenever any overhead electric utilities are relocated
underground, any grantee with permission to occupy the same public right
of way must also relocate underground.
E. Whenever any new or existing electric utilities, cable facilities or
telecommunications facilities are located or relocated underground within
a public right of way of the city, a grantee that currently occupies the same
Page 8—ORDINANCE (F:\USER\PAUL\Telecommunications\Ordinances\ashland amend 999.wpd)
.a . 4: .�
public right of way shall relocate its facilities underground concurrently
with the other affected utilities to minimize disruption of the public right of
way, absent extraordinary circumstances or undue hardship as
determined by the city and consistent with state law.
F. The city engineer may grant exceptions to some or all of the requirements
of this section if the engineer determines, in the engineer's sole discretion,
that a waiver is necessary to fulfill the purpose and intent of this title.
SECTION 25. Section 16.16.030 of the Ashland Municipal Code is amended to read:
16.16.030 Relocation or Removal of Facilities. Within 60 days following written
notice from the city, a grantee shall, at no expense to the city, temporarily or
permanently remove, relocate, change or alter the position of any
telecommunications facilities within the public rights of way whenever the city
shall have determined that such removal, relocation, change or alteration is
reasonably necessary for:
A. The construction, repair, maintenance or installation of any city or other
public improvement in or upon the public rights of way.
B. The operations of the city or other governmental entity in or upon the
public rights of way unless such city operations are exclusively for its
telecommunications purposes or cable services which compete with other
telecommunications carriers or cable services.
Notwithstanding the 60 day limit, a grantee shall, at no expense to the city,
relocate overhead facilities within 30 days following written notice from the
Electric Utilities Department that the city or a joint pole owner has space on poles
for such purpose.
The 30 or 60 day limit may be waived by consent of the parties. Waivers shall
not be unreasonably withheld.
SECTION 26. Section 16.16.040 of the Ashland Municipal Code is amended to read:
16.16.040 Removal of Unauthorized Facilities. Within 30 days following written
notice from the city, any grantee, telecommunications carrier, or other person
that owns, controls or maintains any unauthorized telecommunications system,
facility or related appurtenances within the public rights of way of the city shall, at
its own expense, remove such facilities or appurtenances from the public rights
of way of the city. A telecommunications system or facility is unauthorized and
subject to removal in the following circumstances:
A. One year after the expiration or termination of the grantee's
telecommunications franchise unless the grantee has timely filed for, and
is actively and expeditiously pursuing, a franchise renewal.
Page 9—ORDINANCE (F:\USER\PAUL\Telecommunica►ions\Ordinances\ashland emend 999.wpd)
B. Upon abandonment of a facility within the public rights of way of the city. A
facility will be considered abandoned when it is deactivated, out of
service, or not used for its intended and authorized purpose for a period of
90 days or longer. A facility will not be considered abandoned if it is
temporarily out of service during performance of repairs, if the facility is
excess capacity of a current grantee who is not in default, if the facility is
being replaced or if the facility has been disconnected because the
building or property being served is vacant.
C. If the system or facility was constructed or installed without the prior grant
of a telecommunications franchise.
D. If the system or facility was constructed or installed without the prior
issuance of a required construction permit.
E. If the system or facility was constructed or installed at a location not
permitted by the grantee's telecommunications franchise.
F. If the system interferes with or adversely affects existing
telecommunication facilities.
The 30 day limit may be waived by consent of the parties. Waivers shall not be
unreasonably withheld. If all the facilities and appurtenances are not removed
within one year after the termination or expiration of the franchise or such further
time as may be granted by the city, they shall be forfeited to the city. The city
may notify the grantee, carrier or other person described above that it waives
forfeiture and may compel removal from the public right of way and restoration of
the right of way and may maintain court suit to require such removal and
restoration by the grantee, carrier or other person or the payment of the cost
thereof by the grantee, carrier or other person.
SECTION 27. Chapter 16.20 of the Ashland Municipal Code is amended to read in its
entirety as follows:
Chapter 16.20
Telecommunications Franchise
Sections:
16.20.020 Telecommunications Franchise
16.20.030 Application
16.20.040 Application and Review Fee
16.20.050 Determination by the city
16.20.060 Rights Granted
16.20.070 Term of Grant
16.20.090 Franchise Territory
16.20.110 Amendment of Grant
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16.20.120 Renewal Applications
16.20.130 Renewal Determinations
16.20.140 Obligation to Cure As a Condition of Renewal
16.20.150 Assignments or Transfers of Grant, Notice to city
16.20.160 Transactions Affecting Control of Grant
16.20.170 Revocation or Termination of Franchise
16.20.180 Notice and Duty to Cure
16.20.190 Public Hearing
16.20.200 Standards for Revocation or Lesser Sanctions
16.20.210 Other City Costs .
16.20.020 Telecommunications Franchise. A telecommunications franchise shall be
required of any telecommunications carrier who desires to occupy public rights of way
of the city.
16.20.030 Application. Any person that desires a telecommunications franchise
pursuant to this chapter shall file an application with the Finance Department which
shall include the following information:
A. The identity of the applicant-
B. A description of the telecommunications services that are to be offered or
provided by the applicant over its telecommunications facilities within the
city.
C. Preliminary engineering plans, specifications and a network map of the
facilities to be located within the public rights of way in the city, including
copies in a computerized format specified by the city (unless the applicant
demonstrates that the format utilized was developed by the applicant and
is proprietary) and all in sufficient detail to identify:
1. the location and route requested for applicant's proposed
telecommunications facilities;
2. the specific trees, structures, improvements, facilities and obstructions,
if any, that applicant proposes to temporarily or permanently remove or
relocate.
D. If applicant is proposing to install above-ground facilities, to the extent that
the applicant will be using utility poles, evidence from the Electric Utilities
Department or pole owner that usable space is available for locating the
applicant's telecommunications facilities on existing utility poles along the
proposed route; and if usable space is not available in some or all service
areas, an indication of these locations and a "make ready" schedule for
completion.
E. If the applicant is proposing an underground installation in existing ducts
or conduits within the public rights of way, provide information in sufficient
detail to identify:
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1. the excess capacity currently available in such ducts or conduits before
installation of applicant's telecommunications facilities;
2. the excess capacity, if any, that will exist in such ducts or conduits after
installation of applicant's telecommunications facilities.
F. If applicant is proposing an underground installation within new ducts or
conduits to be constructed within the public rights of way:
1. the location proposed for the new ducts or conduits;
2. the excess capacity that will exist in such ducts or conduits after the
installation of applicant's telecommunications facilities.
G. A preliminary construction schedule and completion date.
H. Financial statements prepared in accordance with generally accepted
accounting principles demonstrating the applicant's financial ability to
construct, operate, maintain, relocate and remove the facilities.
I. Information in sufficient detail to establish the applicant's technical
qualifications, experience and expertise regarding the telecommunications
facilities and services described in the application.
J. Information to establish that the applicant has obtained all other
governmental approvals and permits to construct and operate the facilities
and to offer or provide the telecommunications services proposed.
K. Whether the applicant intends to provide cable service, video dial tone
service or other video programming service, and sufficient information to
determine whether such service is subject to cable franchising.
L. An accurate map showing the location of any existing telecommunications
facilities in the city that applicant intends to use or lease.
M. A description of the services or facilities that the applicant will offer or
make available to the city and other public, educational and governmental
institutions.
N. As Builts, after completion of initial construction.
O. A description of applicant's access and line extension policies.
P. The area or areas of the city the applicant desires to serve and a schedule
for build-out to the entire franchise area.
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16.20.040 Application and Review Fee.
A. Any applicant for a franchise pursuant to this chapter shall pay an
application and review fee in an amount to be determined by resolution of
the city council. This section shall not apply to a telecommunication utility
which provides only local exchange access.
B. The application and review fee shall be deposited with the city as part of
the application filed pursuant to section 16.20.030.
16.20.050 Determination by the City. The city shall issue a written determination
granting or denying the application in whole or in part, applying the standards listed
below. If the application is denied, the written determination shall include the reasons
for denial. The standards to be applied by city are:
A. The financial and technical ability of the applicant.
B. The legal ability of the applicant.
C. The capacity of the public rights of way to accommodate the applicant's
proposed facilities.
D. The capacity of the public rights of way to accommodate additional utility
and telecommunications facilities if the franchise is granted.
E. The damage or disruption, if any, of public or private facilities,
improvements, service, travel or landscaping if the franchise is granted.
F. The public interest in minimizing the cost and disruption of construction
within the public rights of way.
G. The service that applicant will provide to the community and region.
H. The effect, if any, on public health, safety and welfare if the'franchise is
granted.
I. The availability of alternate routes or locations for the proposed facilities.
J. Applicable federal and state telecommunications laws, regulations and
policies.
K. Such other factors as may demonstrate that the grant to use the public
rights of way will serve the community interest.
16.20.060 Rights Granted. No franchise granted under this chapter shall convey any
right, title or interest in the public rights of way, but shall be deemed a grant to use and
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occupy the public rights of way for the limited purposes and term, and upon the
conditions stated in the agreement.
16.20.070 Term of Grant. Unless otherwise specified in a franchise agreement, a
telecommunications franchise granted under this title shall be in effect for a term of five
years.
16.20.090 Franchise Territory. Unless otherwise specified in a franchise agreement,
telecommunications franchise granted under this chapter shall be limited to the specific
geographic area of the city to be served by the franchise grantee, and the public rights
of way necessary to serve such areas.
16.20.110 Amendment of Grant. Conditions for amending a franchise:
A. A new application and grant shall be required of any telecommunications
carrier that desires to extend or locate its telecommunications facilities in
public rights of way of the city which are not included in a franchise
previously granted under this title unless the grantee has already received
a franchise to occupy public rights-of-way in all areas of the city.
B. If ordered by the city to locate or relocate its telecommunications facilities
in public rights of way not included in a previously granted franchise, the
city shall grant an amendment without further application.
A new application and grant shall be required of any telecommunications carrier that
desires to provide a service which was not included in a franchise previously granted
under this title.
16.20.120 Renewal Applications. A grantee that desires to renew its franchise under
this chapter shall, not less than 90 days before expiration of the current agreement, file
an application with the city for renewal of its franchise which shall include the following
information:
A. The information required pursuant to section 16.20.030 that has not
previously been provided to the city in connection with grantee's existing
franchise agreement.
B. Any information required pursuant to the franchise agreement between
the city and the grantee.
16.20.130 Renewal Determinations. Within 90 days after receiving a complete
application under section 16.20.120, the city shall issue a written determination granting
or denying the renewal application in whole or in part, applying the following standards.
If the renewal application is denied, the written determination shall include the reasons
for non-renewal.
A. The financial and technical ability of the applicant.
Page 14—ORDINANCE (F:\USERWAUL\Telecommunications\Ordinanoes\ashland amend 999.wpd)
B. The legal ability of the applicant.
C. The continuing capacity of the public rights of way to accommodate the
applicant's existing facilities.
D. The applicant's compliance with the requirements of this title and the
franchise agreement.
E. Applicable federal, state and local telecommunications laws, rules and
policies.
F. Such other factors as may demonstrate that the continued grant to use
the public rights of way will serve the community interest.
16.20.140 Obligation to Cure As a Condition of Renewal. No franchise shall be
renewed until any ongoing violations or defaults in the grantee's performance of the
agreement, or of the requirements of this title, have been cured, or a plan detailing the
corrective action to be taken by the grantee has been approved by the city.
16.20.150 Assignments or Transfers of Grant, Notice to city.
A. Ownership or control of a majority interest in 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 unreasonably withheld or delayed,
and then only on such reasonable conditions as may be prescribed in
such consent.
1. Grantee and the proposed assignee or transferee of the franchise
or system shall agree, in writing, to assume and abide by all of the
provisions of the franchise.
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.
3. Unless otherwise provided in a franchise agreement, the 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.
4. Any transfer or assignment of a telecommunications franchise,
system or integral part of a system without prior approval of the city
under this section or pursuant to a franchise agreement shall be
void and is cause for revocation of the grant.
Page 15—ORDINANCE .(F:\USER\PAUL\Telecommunications\Ordinanoes\ashland amend 999.wpd)
16.20.160 Transactions Affecting Control of Grant. Any transactions which singularly or
collectively result in a change of ten percent or more of the ownership or working
control of the grantee, of the ownership or working control of a telecommunications
franchise, of the ownership or working control of affiliated entities having ownership or
working control of the grantee or of a telecommunications system, or of control of the
capacity or bandwidth of grantee's telecommunication system, facilities or substantial
parts of such capacity or bandwidth, shall be considered an assignment or transfer
requiring city approval pursuant to section 16.20.150. Transactions between affiliated
entities are not exempt from city approval.
16.20.170 Revocation or Termination of Franchise. A franchise to use or occupy public
rights of way of the city may be revoked for the following reasons:
A. Construction or operation in the city or in the public rights of way of the
city without a franchise grant of authorization.
B. Construction or operation at an unauthorized location.
C. Unauthorized substantial transfer of control of the grantee.
D. Failure to comply with section with respect to sale, transfer or assignment
of a telecommunications system or franchise.
E. Unauthorized sale, assignment or transfer of grantee's franchise assets,
or a substantial interest in the franchise.
F. Misrepresentation by or on behalf of a grantee in any application to the
city.
G. Abandonment of telecommunications facilities in the public rights of way.
H. Failure to relocate or remove facilities as required in this title.
I. Willful or continued failure to pay taxes, compensation, fees or costs when
and as due the city unless subject to a bona fide dispute.
J. Insolvency or bankruptcy of the grantee.
K. Violation of a material provision of this title.
L. Violation of a material term of a franchise agreement.
16.20.180 Notice and Duty to Cure. Pursuant to section 16.20.170, in the event that the
city believes that grounds exist for revocation of a franchise, the city shall give the
grantee written notice of the apparent violation or noncompliance, providing a short and
concise statement of the nature and general facts of the violation or noncompliance,
and providing the grantee a reasonable period of time not exceeding 30 days to furnish
evidence:
Page 16—ORDINANCE (F:\USER\PAUL\Telecommunications\Ordinances\ashland amend 999.wpd)
A. That corrective action has been, or is being actively and expeditiously
pursued, to remedy the violation or noncompliance.
B. That rebuts the alleged violation or noncompliance.
C. That it would be in the public interest to impose some penalty or sanction
less than revocation.
16.20.190 Public Hearing. In the event that a grantee fails to provide evidence
reasonably satisfactory to the city as provided in section 16.20.180, the city
administrator shall refer the apparent violation or non-compliance to the city council.
The city council shall provide the grantee with notice and a reasonable opportunity to be
heard concerning the matter.
16.20.200 Standards for Revocation or Lesser Sanctions. If persuaded that the grantee
has violated or failed to comply with material provisions of this title, or of a franchise
agreement, the city council shall determine whether to revoke the franchise, or to
establish some lesser sanction and cure, considering the nature, circumstances, extent
and gravity of the violation as reflected by one or more of the following factors:
A. Whether the misconduct was egregious.
B. Whether substantial harm resulted.
C. Whether the violation was intentional.
D. Whether there is a history of prior violations of the same or other
requirements.
E. Whether there is a history of overall compliance.
F. Whether the violation was voluntarily disclosed, admitted or cured.
16.20.210 Other City Costs. All grantees shall, within 30 days after written demand,
reimburse the city for all direct and indirect costs and expenses incurred by the city in
connection with any modification, amendment, renewal or transfer of the franchise or
any franchise agreement.
SECTION 28. Section 16.24.010 of the Ashland Municipal Code is amended to read:
16.24.010 Facilities. Each grantee shall provide the city with an accurate map or
maps certifying the location of all telecommunications facilities within the public
rights of way. Each grantee shall provide updated maps annually including
copies in a computerized format specified by the city (unless the grantee
demonstrates that the format utilized was developed by the applicant and is
proprietary).
Page 17—ORDINANCE (F:%USER\PAUL%TelecommunicationslOrdinances\ashland amend 999.wpd)
SECTION 29. Section 16.24.020 of the Ashland Municipal Code is amended to read:
16.24.020. Damage to Grantee's Facilities. Unless directly and proximately
caused by willful, intentional, malicious, or negligent acts by the city, the city shall
not be liable for any damage to or loss of any telecommunications facility within
the public rights of way of the city as a result of or in connection with any public
works, public improvements, construction, excavation, grading, filling, or work of
any kind in the public rights of way by or on behalf of the city, or for any
consequential losses resulting directly or indirectly from such work.
SECTION 30. Section 16.24.040 of the Ashland Municipal Code is amended to read:
16.24.040 Nondiscrimination. A grantee shall make its telecommunications
services available to any customer within its franchise area who shall request
such service, without discrimination as to the terms, conditions, rates or charges
for grantee's services; provided, however, that nothing in this chapter shall
prohibit a grantee from making any reasonable classifications among differently
situated customers.
SECTION 31. Section 16.24.050 of the Ashland Municipal Code is deleted.
SECTION 32. Section 16.24.060 of the Ashland Municipal Code is amended to read:
16.24.060 Compensation for City Property. If any right is granted, by lease,
franchise or other manner, to use and occupy city property not located within a
public right of way for the installation of telecommunications facilities, the
compensation to be paid for such right and use shall be fixed by the city.
SECTION 33. Section 16.24.070 of the Ashland Municipal Code is amended to read:
16.24.070 Franchise Fees. As compensation for the benefits and privileges
under its franchise and in consideration of permission to use the right-of-way of
the city, the grantee shall pay a quarterly franchise fee to the city, through the
duration of its franchise, as follows:
A. The minimum quarterly franchise fee shall be set by resolution of
the council.
B. The franchise fee for a telecommunication utility shall equal 7% of
its gross revenue on exchange access services earned within the
boundaries of the city. In addition, a telecommunication utility shall
pay the fee in the following paragraph on telecommunications
services which are not local exchange access services.
C. Except for limited use telecommunication grantees, the franchise
fee shall equal a percent of the grantee's gross revenues derived
from grantee's provision of telecommunications services and
Page 18—ORDINANCE (F:\USER\PAUL\Telecommunications\Ordinances\ashland amend 999.wpd)
telecommunications facilities to retail customers and one percent
(1%) on all other gross revenues derived from grantee's provision
of telecommunications services and telecommunications facilities
to wholesale customers, including other telecommunications
carriers, if such customers or carriers are also telecommunication
grantees under this title. If such customers or carriers are not
grantees, then the franchise fee shall equal the fee for retail
customers. The amount of the percent for retail customers shall be
set by resolution of the council.
D. A limited use telecommunication grantee shall pay a fee based on
the number of linear feet of right of way used. A limited use
telecommunication grantee is defined as one whose franchise
limits the amount of linear feet the grantee may occupy or one who
has a franchise as of October 1998 for the purpose of long
distance telecommunications. The fee per linear foot shall be set
by resolution of the council.
The annual franchise fee collectable from a telecommunications
utility shall not exceed the maximum amount under Oregon Law.
The city shall accept from a telecommunications utility, in full
payment of the franchise fee, the maximum amount allowed under
Oregon law. On request, the telecommunications utility must
provide documentation to support its calculation.
E. Grantee shall be "providing" telecommunications services or
facilities if it sells, leases, resells, or otherwise conveys such
services or facilities for consideration.
F. A grantee providing resold telecommunications services or facilities
shall be entitled to a credit against its franchise fee for an amount
equal to a percentage of the price paid for such services or facilities
at wholesale. Such percentage shall be set by resolution of the
council.
G. So long as it registers with the city as required in chapter 16.08 and
pays the fees required for grantees set forth is subsections A and B
above, a reseller may use another person's facilities to engage in
telecommunications activities in the right-of-way without obtaining a
franchise, providing the reseller does not, either itself or through an
affiliate, own or lease, control or manage any facilities in the right-
of-way and is not involved in construction or repair of facilities in the
right-of-way. For purposes of calculating the fees to be paid by a
reseller, the amount of compensation paid by the reseller to the
owner or manager of facilities in the right-of-way for the services it
resells shall be deducted from the reseller's gross revenues before
applying the percentage rates described in subsection C above.
Page 19—ORDINANCE (F:\USERWAUL\Telecommunications\Ordinancestashland amend 999.wpd)
H. Payment shall be made by each April 25, July 25, October 25 and
January 25 for the quarter just ended.
Any grantee who fails to remit any fee imposed by this chapter within 30
days of the date it is due, shall pay interest at the rate of one percent (1%)
per month or fraction thereof on the amount of the fee from the date on
which the remittance first became due until paid.
SECTION 34. The paragraph following section 16.24.100.D of the Ashland Municipal
Code is amended to read:
The liability insurance policies required by this section shall be maintained by the
grantee throughout the term of the telecommunications franchise, and such other
period of time during which the grantee is operating without a franchise, or is
engaged in the removal of its telecommunications facilities. Each such insurance
policy shall contain the following endorsement:
"This policy may not be canceled nor the intention not to renew be stated
until 90 days after receipt by the city, by registered mail, of a written notice
addressed to the city's risk manager of such intent to cancel or not to
renew."
SECTION 35. Section 16.24.110 of the Ashland Municipal Code is amended to read:
16.24.110 General Indemnification. Each franchise agreement shall include, to
the extent permitted by law, grantee's express undertaking to defend, indemnify
and hold the city and its officers, employees, agents and representatives
harmless from and against any and all damages, losses and expenses, including
reasonable attorney's fees and costs of suit or defense, arising out of, resulting
from or alleged to arise out of or result from the negligent, careless or wrongful
acts, omissions, failures to act or misconduct of the grantee or its affiliates,
officers, employees, agents, contractors or subcontractors in the construction,
operation, maintenance, repair or removal of its telecommunications facilities,
and in providing or offering telecommunications services over the facilities or
network, whether such acts or omissions are authorized, allowed or prohibited by
this title or by a grant agreement made or entered into pursuant to this title.
SECTION 36. Section 16.24.120 of the Ashland Municipal Code is amended to read
16.24.120 Performance Surety. Unless the city otherwise specifically approves
an alternative security to assure performance, before a franchise granted
pursuant to this title is effective, the grantee shall provide and maintain a
performance bond, in form and substance acceptable to the city, as security for
the full and complete performance of this title, including any costs, expenses,
damages or loss the city pays or incurs because of any failure attributable to the
grantee to comply with the codes, ordinances, rules, regulations or permits of
the city.
Page 20—ORDINANCE (F:\USER\PAUL\Teteoommuniwtions\Ordinances\ashland amend 999.wpd)
SECTION 37. The following chapter 16.26 is added to Title 16 of the Ashland Municipal
Code:
Chapter 16.26
CABLE FRANCHISE REQUIREMENTS
Sections:
16.26.010 Grant of Franchise.
16.26.020 Franchise Required.
16.26.030 Length of Franchise.
16.26.040 Cable Franchise Characteristics.
16.26.050 Cable Franchisee Subject to Other Laws, Police Powers.
16.26.060 Operation of a Cable System Without a Franchise.
16.26.010 Grant of Franchise.
A. The city may grant one or more cable television franchises containing such
provisions as are reasonably necessary to protect the public interest, and each such
franchise shall be awarded in accordance with and subject to the provisions of this
chapter.
B. This chapter may be amended from time to time, and in no event shall this
chapter be considered a contract between the city and a franchisee such that the city
would be prohibited from amending any provision of this chapter, provided no such
amendment shall in any way impair any contract right or increase obligations of a
franchisee under an outstanding and effective franchise except in the lawful exercise of
the city's police power.
C. This chapter shall be in addition to the requirements of Title 16 that are
specifically made applicable to cable service as provided in section 16.04.025. In the
event of a conflict between this chapter and other requirements of Title 16, this chapter
shall control.
16.26.020 Franchise Required.
A. No person may construct, operate or maintain a cable system or provide
cable service over a cable system within the city without a franchise
granted by the city authorizing such activity. No person may be granted a
franchise without having entered into a franchise agreement with the city
pursuant to this chapter. For the purpose of this provision, the operation of
part or all of a cable system within the city means the use or occupancy of
rights-of-way by facilities used to provide cable service.
B. To the extent permitted by law, a telecommunications utility, as defined by
state law, which utilizes its system to provide cable service shall be
Page 21 —ORDINANCE (F:\USERtPAUL%Telecommunications\Ordinances\ashland amend 999.wpd)
subject to this chapter and shall require a cable franchise under this
chapter.
C. Services similar to cable service, such as open video system service, shall
also be subject to this chapter to the extent provided by law.
D. A system shall not be deemed as operating within the city even though
service is offered or rendered to one or more subscribers within the city, if
no right-of-way is used or occupied. All cable franchises granted pursuant
to this chapter shall contain substantially similar terms and conditions,
which, taken as a whole and considering relevant characteristics of the
applicants, do not provide more or less favorable terms and conditions
than those required of other cable franchisees.
16.26.030 Length of Franchise. Unless otherwise specified in a cable franchise, no
cable franchise shall be granted for a period of more than five years.
16.26.040 Cable Franchise Characteristics.
A. A cable franchise authorizes use of rights-of-way for installing, operating
and maintaining cables, wires, lines, optical fiber, underground conduit
and other devices necessary and appurtenant to the operation of a cable
system to provide cable services within the city, but does not expressly or
implicitly authorize a franchisee to provide service to, or install a cable
system on private property without owner consent, or to use publicly or
privately owned poles, ducts or conduits without a separate agreement
with the pole owner.
B. A cable franchise shall not mean or include any exclusive right for the
privilege of transacting and carrying on a business within the city as
generally required by the laws of the city. A cable franchise shall not
confer any authority to provide telecommunications services or any other
communications services besides cable services and a separate franchise
shall be required for the provision of telecommunications services in
addition to the cable franchise. A franchise shall not confer any implicit
rights other than those mandated by federal, state or local law.
C. A cable franchise is nonexclusive and will not explicitly or implicitly:
preclude the issuance of other franchises to operate cable systems within
the city; affect the city's right to authorize use of rights-of-way by other
persons to operate cable systems; or for other purposes as it determines
appropriate.
D. Once a cable franchise has been accepted and executed by the city and a
franchisee, such cable franchise shall constitute a valid and enforceable
agreement between the franchisee and the city, and the terms, conditions
and provisions of such franchise, subject to this chapter and all other duly
Page 22—ORDINANCE (F:\USER\PAUL\Telecommunications\Ordinanoes\ashland amend 999.wpd)
enacted and applicable laws and regulations, shall define the rights and
obligations of the franchisee and the city relating to the franchise.
E. All privileges prescribed by a cable franchise shall be subordinate to any
prior lawful occupancy of the rights-of-way and the city reserves the right
to reasonably designate where a franchisee's facilities are to be placed
within the rights-of-way through its generally applicable permit procedures.
F. A cable franchise shall be a privilege that is in the public trust and
personal to the original franchisee. No franchise transfer shall occur
without the prior written consent of the city council upon application made
by the franchisee pursuant to this chapter, the franchise and applicable
law. Consent shall not be unreasonably withheld, and any purported
franchise transfer made without application and prior written consent shall
be void and shall be cause for the city to revoke the cable franchise.
16.26.050. Cable Franchisee Subject to Other Laws, Police Powers.
A. A cable franchisee shall at all times be subject to and shall comply with all
applicable federal, state and local laws and regulations, including this
chapter. A cable franchisee shall at all times be subject to all lawful
exercise of the police power of the city including, but not limited to, all
rights the city may have under the cable act, all powers regarding zoning,
supervision of construction, control of rights-of-way and consumer
protection.
B. The city shall have full authority to regulate cable systems, cable
franchisees and franchises as may now or hereafter be lawfully
permissible.
16.26.060. Operation of a Cable System Without a Franchise. Any person who
occupies rights-of-way for the purpose of operating or constructing a cable system or
provides cable service over a cable system and who does not hold a valid franchise
from the city shall be subject to all requirements of this chapter. The city administrator
shall have the authority:
A. To require such person to enter into a franchise within 30 days of receipt
of written notice that a franchise is required; or
B. To require such person to remove its property and restore the affected
area to a condition satisfactory to the city. The city administrator may
direct city personnel, or may employ contractors, to remove the property
and restore the affected area to a condition satisfactory to the city and
charge the person the costs therefor.
C. To take any other action it is entitled to take under applicable law.
Page 23—ORDINANCE (F:IUSERXPAUL\Telecommunications\Ordinances\ashland amend 999.wpd)
In no event shall a franchise be created unless it is issued by the city pursuant to this
chapter and subject to a written franchise agreement.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of 1999,
and duly PASSED and ADOPTED this day of 1999.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of 1999•
Catherine M. Shaw, Mayor
Reviewed as to form:
Paul Nolte, City Attorney
Page 24—ORDINANCE (F:\USER\PAUL\Telecommunications\Ordinances\ashland amend 999.wpd)
Council Communication
Penny/Palmer LID Formation
Public Works Department
October 19, 1999
Submitted by: Paula Brown(0
Reviewed by: Paul Nolte I
Approved by: Mike Freeman
Title:
A resolution setting a public hearing for the formation of a local improvement district to provide
for improvements consisting of paving, curbs, gutters, storm drains, sidewalk, and associated
improvements, for the extension of Central Avenue from its existing terminus east of Heiman
Street, approximately 320 feet Easterly to a new connection with Water Street
Synopsis:
The attached Resolution establishes the level of improvements and estimated costs for the Local
Improvement District(LID) for Penny Drive and Palmer Road within the Casa Madrona
Subdivision. Petitions in favor of the improvements have been received from 100%of the
property owners within the proposed Penny/Palmer Improvement District. Although a public
hearing is not required where a 100%petition response is received, the property owners request
the opportunity to approach the council regarding the requirements of including sidewalks in the
required improvements.
Recommendation:
Staff recommends that Council adopt the attached Resolution setting a public hearing on
December 7, 1999 for the formation of the Penny/Palmer LID.
Background Information:
Casa Madrona Subdivision was platted in 1965 at which time Penny Drive and Palmer Road
were created and opened for travel. As was common during that period of the City's
development,the streets were not improved. Attempts to create a local improvement district to
improve the streets were made in 1967, 1971, 1986 and 1991. It wasn't until the Council's
passage of Resolution No. 99-09, which approved specific areas of financial participation by the
City, that sufficient interest in this LID was possible.
Two neighborhood meetings were held where city staff members from Engineering and Planning
meet with property owners to discuss the type of improvements required,the estimated costs and
the methods by which these costs would be allocated. At the final neighborhood meeting held on
August 25, 1999, 12 of the 16 owners within the proposed assessment district agreed upon the
number of lots to be included and the number of potential units to be assessed. It was agreed that
the three lots accessing from Weissenback Way (a private drive) should be assessed at a '/2 unit
rate while those that had actual lot frontage on the streets to be improved should receive an
assessment based upon a full unit. Further compensation was made to two lots, which had
physically been combined (existing house built on both lots), and one lot which was large
enough to divide into two lots.
Petitions were signed by ALL of the owners within the proposed district. With a 100%petition
response a public hearing is not required, however, the neighborhood was again unanimous in
their desire to hold a public hearing so that the issue of sidewalk requirements could be discussed
with Council members.
A sidewalk along one side of the street has been included in the cost estimate and is reflected in
the preliminary design. Attached is a copy of the cost estimate and boundary map.
F:\USER\dawn\ENGINEER\LID\Palmer-Penny CC to set public hearing.doc
RESOLUTION NO. 99-
A RESOLUTION OF INTENTION TO PROVIDE FOR IMPROVEMENTS TO PALMER ROAD AND
PENNY DRIVE CONSISTING OF PAVING, CURBS, GUTTERS, STORM DRAINS, SIDEWALK,
AND ASSOCIATED IMPROVEMENTS AND SETTING A PUBLIC HEARING WITHIN THE CASA
MADRONA SUBDIVISION
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. It is the intention of the Council to undertake the improvement described as follows:
Paving, curbs, gutters, storm drains, sidewalk, and associated improvements to Palmer Road and
Penny Drive within the Casa Madrona Subdivision.
SECTION 2. The description of the boundaries of the local improvement district to be assessed for
this improvement is: All those lots fronting on Penny Drive and all those lots adjacent to Palmer
Road south of Woodland Drive plus all lots accessed from and north of Weissenback Way.
SECTION 3. The amount of the estimated cost of the improvement made by the city engineer and
the proposed allocation of the cost among the owners of the properties to be specially benefitted is:
Such improvements will be in accordance with costs estimated to be $66,931.00 of which $45,463.50
will be paid by special assessments on benefitted properties. Cost will be allocated based on
$3,953.35 per unit or potential unit assessment.
SECTION 4. The council will hold a public hearing in the Council Chambers, Ashland Civic Center,
1175 East Main Street on December 7, 1999, at 7:00 p.m., at which time and place the owners of the
benefitted properties may appear or submit written comments prior to or at the hearing as to why the
improvement should not be constructed or why the benefitted properties should not be assessed in
the manner proposed.
SECTION 5. The city recorder is directed to serve notice to the property owners by publishing a
notice of the public hearing once in the Daily Tidings, not less than 30 days prior to the hearing, and
by mailing copies of the notice by first class mail to the owners of each lot benefitted by the proposed
improvement as shown on the latest tax and assessment roll. The notice shall be in the form of
Exhibit "A" attached to this resolution.
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 11999.
Catherine M. Shaw, Mayor
(pJormsVid1.res)
EXHIBIT "A"
NOTICE OF PUBLIC HEARING
The City Council of the City of Ashland will meet on December 7, 1999 at 7 p.m. in the Council
Chambers, 1175 East Main Street, to hold a public hearing to consider the formation of a local
improvement district as follows:
NATURE OF THE IMPROVEMENT: Paving, curbs, gutters, storm drains, sidewalk, and associated
improvements to Palmer Road and Penny Drive within the Casa Madrona Subdivision.
BENEFITTED PROPERTY: The description of the boundaries of the local improvement district to be
assessed for this improvement is: All those lots fronting on Penny Drive and all those lots adjacent to
Palmer Road south of Woodland Drive plus all lots accessed from and north of Weissenback Way.
ESTIMATED COST: Such improvements will be in accordance with costs estimated to be $66,931.00
of which $45,463.50 will be paid by special assessments on benefitted properties. Cost will be
allocated based on $3,953.35 per unit or potential unit assessment.
Additional information regarding the proposed improvement or method of assessment may be
obtained at the Engineering Division, 271/2 North Main, Ashland, OR, phone number 488-5347,
weekdays during the hours of 8:00 am to 4:30 PM.
All affected property owners may appear at the hearing or submit written comments prior to or at the
hearing, as to why the streets should not be improved or why the benefitted properties should not be
assessed in the manner proposed. If two-thirds of the property owners to be benefitted object to the
improvement, the improvement will be suspended for six months.
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PETITION FOR STREET IMPROVEMENT
LOCATION: PALMER ROAD AND PENNY DRIVE ASSESSOR MAP: 391E15BD
RECEIVED BY THE CITY ENGINEER: DATE: °J/27Z!2�2
NOTICE TO PETITIONERS: Persons signing this petition must be legal owners of record, or
purchasers in possession under a recorded land sale contract of real property abutting the proposed
street improvement. If title to any parcel of property is in the name of two or more persons, all must
sign. Petitioners should sign using their names as they appear on the records of ownership.
TO THE HONORABLE MAYOR AND COMMON COUNCIL OF THE CITY OF ASHLAND:
We, the undersigned owners of record of real property within the City of Ashland, Jackson County,
Oregon, hereby petition that Palmer Road, south at Woodland Drive, and all of Penny Drive be
improved with curb, gutter, paving, storm drains, and sidewalks in accordance with plans and
specifications therefore as shall be adopted by the City of Ashland and the cost of such paving and
improvements be assessed upon the real property benefited thereby, and that we are the owners of
the real property fronting (or benefiting) on said street.
NA E ADDRESS TAX LOT
896 Weissenback /5 15O /r7
G:Dawn\Engineer\LID\Palmer-Penny Revision Ur to Nbrs 7-26-99.doc
PETITION FOR STREET IMPROVEMENT
LOCATION: PALMER ROAD AND PENNY DRIVE ASSESSOR MAP: C
391 E15B
RECEIVED BY THE CITY ENGINEER: DATE:
NOTICE TO PETITIONERS: Persons signing this petition must be legal owners of record, or
purchasers in possession under a recorded land sale contract of real property abutting the proposed
street improvement. If title to any parcel of property is in the name of two or more persons, all must
sign. Petitioners should sign using their names as they appear on the records of ownership.
TO THE HONORABLE MAYOR AND COMMON COUNCIL OF THE CITY OF ASHLAND:
We, the undersigned owners of record of real property within the City of Ashland, Jackson County,
Oregon, hereby petition that Palmer Road, south at Woodland Drive, and all of Penny Drive be
improved with curb, gutter, paving, storm drains, and sidewalks in accordance with plans and
specifications therefore as shall be adopted by the City of Ashland and the cost of such paving and
improvements be assessed upon the real property benefited thereby, and that we are the owners of
the real property fronting (or benefiting) on said street.
ADDR S TAX LOT
N E Z6d
G:Dawn\EngincerLLlD\Palmcr-Pcnny Revision Lu to Nbrs 7-26-O.doc
PETITION FOR STREET IMPROVEMENT
LOCATION: PALMER ROAD AND PENNY DRIVE ASSESSOR MAP: 391 E15BD
RECEIVED BY THE CITY ENGINEER: DATE: 916199
NOTICE TO PETITIONERS: Persons signing this petition must be legal owners of record, or
purchasers in possession under a recorded land sale contract of real property abutting the proposed
street improvement. If title to any parcel of property is in the name of two or more persons, all must
sign. Petitioners should sign using their names as they appear on the records of ownership.
TO THE HONORABLE MAYOR AND COMMON COUNCIL OF THE CITY OF ASHLAND:
We, the undersigned owners of record of real property within the City of Ashland, Jackson County,
Oregon, hereby petition that Palmer Road, south at Woodland Drive, and all of Penny Drive be
improved with curb, gutter, paving, storm drains, and sidewalks in accordance with plans and
specifications therefore as shall be adopted by the City of Ashland and the cost of such paving and
improvements be assessed upon the real property benefited thereby, and that we are the owners of
the real property fronting (or benefiting) on said street.
NA AD[ TAX LOT
/. _
UC
e 3
7/60
LL `55 n czc 7tO0
, 1A AQ z h.
/ 16 v G 3C
G:Dawn\Engi=cALlD\Palmer-Penny Revision Ltr to Nbrs 7.26-99.doc
City of Ashland
Department of Public Works - Engineering Division
Estimate for Palmer Road & Penny Drive L.I.D.
Street:Palmer Road & Penny Drive Estimate By: R. Pallady
Limits:South of Woodland to end Date: 05/14/98
Revised By: J. Olson
Date: 05117/99
Revised By: J. Olson
Date: 07/26199
Revised By: J. Olson
Date: 09/01/99
GENERAL INFORMATION
Length of Project: 564
Width of Street: 22' W/4' sidewalk 1 side (on Palmer Road and Penny Drive)
Pavement Design: 4" AC
A. ESTIMATED COSTS
Total Estimate $53,120.00
B. OTHER (List)
Contingency (5%) $2,656.00
C. TOTAL $55,776.00
D. ENGINEERING a 20% $11,155.00
E. PROJECT TOTAL $66,931.00
F. CREDITS
Sidewalks - 60% of$7,980 $4,788.00
Storm Drain - 75% of $4,600 $3,450.00
Paving —20% of$38,260.00 $7,652.00
Engineering - 50% of$11,155 $5,577.50
Subtotal $21,467.50
G. TOTAL ASSESSABLE COST $45,463.50
H. TOTAL ACCESSIBLE UNITS 11.5
I. ESTIMATED COST PER UNIT $3,953.35
G:Dawn\Engineer\L1D\Pa1mer—Penny Revision Ltr to Nbrs 9-1-99.dm
ESTIMATED COST
PER LOT FOR THE IMPROVEMENT OF
PALMER ROAD AND PENNY DRIVE,
CASA MADRONA SUBDIVISION
POTENTIAL COST PER TOTAL
MAP NO. TAX LOT DESCRIPTION UNITS UNIT
39-1 E-1 56C 3000 Lot 12 casaMadrona 1 $3,953.35 $3,953.35
2 39-1E-1513C 3005 Lot CasaMadrona 1 $3,953.35 $3,953.35
3 39-1E-15BC 3007 Lot casaMadrona 1 $3,953.35 $3,953.35
4 39-1E-15BC 3008 Lot case Madrona 1 $3,953.35 $3,953.35
s 39-1E-156C 3009 Lot caseMadrona 1 $3,953.35 $3,953.35
6 39-1E-156C 3010 Lot case Madrona 2 $3,953.35 $7,906.70
7 39-1E-15BC 3011 Lot 10 ca"madrona .5 $3,953.35 $1,976.67
a 39-1E-15BC 3012 Lot 11 cam Madrona .5 $3,953.35 $1,976.67
9 39-1 E-15BD 6100 Lot 1 Blk 4 Sieber 1 $3,953.35 $3,953.35
Io 39-1E-15BD -7200 -------------- 1 $3,953.35 $3,953.35
11 39-1E-15BD 7100 ------ .5 $3,953.35 $1,976.67
12 39-1E-15BD 7101 ------- .5 $3,953.35 $1,976.67
13 39-1E-156D 6900 -------- .5 $3,953.35 $1,976.67
11.5 TOTALS $45,463.50
Note: The costs shown are estimates only. The final assessment will be derived from
the actual costs incurred on the project.
G:Dawn\Engineer\LID\Palmcr—Penny Revision Ltr to Nbrs 9.1.99.doc