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HomeMy WebLinkAbout2009-0303 Council Mtg PACKET CITY OF ASHLAND Important. Any cmzen may orally address the Council oo non agenda ems during the Public Forum Any citizen may submit wnnen commen s to rlie'Councll on any nem on the Agenda unless ri Is the subtectrot al"pubtl cheanng and the record is closed. Except for public hearingsthere Is no. - absolute right to orally address the Councd on an"agenda rtemTrme permlgtng^Ithe~ Presiding Officer may allow oral testimony ho ever pubhc meetings law, guarantees only public attendance-notpubhc pa7nctpatton ?Iftyou~wish to speak; please 511 :out the Speaker Request fomi`slocated near [heentrance to the'Council Chambers The chair will recoguie you and Inform you as to the amount of time allotted to-you rf any vThe time granted will be'dependent,to some extent on the nature:of the item untler dlscusslon [he number,otpeSple who wish to be heard, and the lengthP of the agenda. , AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL March 3, 2009 Council Chambers 1175 E. Main Street 7:00 p.m. Regular Meeting 1. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES V. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? ' [5 minutes] 1: Executive Session of February 17, 2009 2. Regular Council of February 17, 2009 VI. SPECIAL PRESENTATIONS & AWARDS 1. Mayor's Proclamation of March as National Intellectual and Developmental Disabilities Awareness Month (NIDDA) 2. Mayor's Proclamation of March 8 as International Women's Day VII. CONSENT AGENDA [5 minutes] 1. Does the Council accept the Minutes of Boards, Commissions, and Committees? 2. Does the Council wish to approve a Liquor License Application from Vin Mehta dba Taj Indian Cuisine at 31 Water Street? 3. Does the Council wish to approve a Liquor License Application from Marlene Webb dba Ashland Bistro Cafe at 38 E Main Street? 4. Should the Council continue the public hearing on adoption of ordinances adding Chapter 18.36 Water Resources Protection Zones to and modifying Chapter 18.62 Physical and Environmental Constraints of the Ashland Land Use Ordinance (ALUO), amending the Ashland Comprehensive Plan to include a Water Resources Map and revising the Floodplains Map, and adopting the Local Wetlands Inventory (LW I) as a technical study from March 3, 2009 to April 21, 2009? 5. Should Council approve a resolution authorizing the Administrative Services/Finance Director to refinance the remaining portion of the bank loan used to fund T-hanger construction in 2004? ( OUNC)T MEETINGS ARE BROADCAST LIVE ON CHANNEL 9 V ISYI I HE CITY OF ASf ILANI.)'S \VEB SI-IL A7' WWl4 ASI-ILAND.OR US 6. Will Council endorse a letter in support of two federally earmarked ODOT projects on Interstate 5 in Southern Oregon? 7. Will the Council consider selecting street overlay projects as a top priority for the anticipated transportation-related federal economic stimulus package funds? 8. Does the Council wish to authorize the City Administrator to send a letter to Ashland Community Hospital (ACH) that waives the City's right to terminate the Facilities lease and resume responsibility for operation of the Hospital? VIII. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form" prior to the commencement of the public hearing. All hearings must conclude by 9:00 p.m., be continued to a subsequent meeting, or be extended to 9:30 p.m. by a two-thirds vote of council (AMC §2.04.050)) None. IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. The Mayor will set time limits to enable all people wishing to speak to complete their testimony.) [15 minutes maximum] X. UNFINISHED BUSINESS 1. Does the Council wish to adopt criteria for prioritizing City services and programs during the FY 2010 Budget Process? [15 Minutes] 2. Should the Council approve an ordinance authorizing execution of the Regional Problem Solving Participants' Agreement, which establishes a process for the participants to implement the Bear Creek Valley Regional Plan? 145 Minutes] Please note: the Public Hearing on this item has been closed, no additional testimony- will be taken. XI. - NEW AND MISCELLANEOUS BUSINESS 1. Will the Council approve the recommendation of the Public Art Commission to implement the Peace Banner Public Art Project? [15 Minutes] 2. Will Council approve by motion the acceptance of the Ashland Fiber Network Business Plan update as presented by staff? [30 Minutes] 3.- Will the Council consider halting the adoption of the recent pa rtial Transportation System Plan (TSP) update in order to begin a comprehensive TSP update that incorporates the work that has been completed to date? [10 Minutes] XII. ORDINANCES. RESOLUTIONS AND CONTRACTS None. XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 1. Does the Council want to establish a policy for wildlife management within the City limits? [15 Minutes] XIV. ADJOURNMENT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1). COUNCIL NfEETIN(aS ARE BROADCAST LIVE ON CHANNEL 9 VISIT THE CITY OF ASI LAND'S WEB SITE AT \1'\i W.ASHLIND.OI2.US AS11LAND CITY COUNCIL AlEETING February 17, 2009 PAGE I of 9 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL February 17, 2009 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilors Voisin, Navickas, Lemhouse, Jackson and Silbiger were present. Councilor Chapman was absent. MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES Mayor Stromberg announced that applications are being accepted for the annual appointments to Commissions & Committees and the deadline for submitting applications is March 13, 2009. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? The minutes of the Regular Council meeting of February 3, 2009 were approved as presented. SPECIAL PRESENTATIONS & AWARDS None. CONSENT AGENDA 1. Does the Council accept the Minutes of Boards, Commissions, and Committees? 2. Does the Council wish to approve a Liquor License Application from Anne Root dba Myron Root & Co. at 17 N. Main Street? 3. Does the Council wish to confirm the Mayor's appointment of Laurence Blake to the Planning Commission with a term to expire April 30, 2009? 4. Does the Council wish to confirm the Mayor's appointment of the following individuals for the newly formed Transportation Commission? • Term to expire April 30, 2012: Matt Warshawsky, Eric Heesacker, David Young • Term to expire April 30,2011: Colin Swales, Julie Sommer, Brent Thompson • Term to expire April 30,2010: Tom Burnham, John Gaffey 5. Will the. Council, acting as the Local Contract Review Board, approve the additional public contracts required to complete the Distribution Rack Expansion Project at the Mountain Avenue Substation? 6. Will the Council approve two contracts for flexible surveying services that will exceed a 24-month contract period and may exceed the $50,000 contract threshold? 7. Does the Council wish to approve a Liquor License Application from Lisa Beam dba Sesame Asian Kitchen at 21 Winburn Way? 8. Does Council have any questions about the quarterly financial report as presented? Councilor Voisin requested that Consent Agenda item #6 be pulled for discussion. Councilor Jackson/Lemhouse m/s to approve Consent Agenda items #1-5 and #7-8. Voice Vote: all AYES. Motion passed. Engineering Services Manager Jim Olson explained the Council approves contracts that exceed 24 months or $50,000. The contract before them is for two years with two additional one-year contracts to cover possible extensions. It was unlikely the project would exceed $50,000 and presenting the contract in this format provided time and cost savings to the City. Councilor Voisin/Lemhouse m/s to approve Consent Agenda item #6. Voice Vote: all AYES. Motion passed. ASHLAND CITY COUNCIL MEETING February l7, 2009 PAGE 2 of9 PUBLIC HEARINGS None. PUBLIC FORUM Zach Brombaeher/640 Tolman Creek Road/Voiced concern with truck congestion near his property when the freeway is closed due to weather and requested the City provides police direction. He added the lights on Siskiyou Boulevard were inadequate, and that the Croman development will increase traffic in the area and suggested having another interchange on Siskiyou Boulevard. Julie Norman/596 Heiman Street/Spoke regarding a proposed ordinance on the Water Resource Protection Zone that will be on the City Council Agenda March 3, 2009 and extended an invitation to a meeting February 25, 2009 to build on the information already gathered. Mayor Stromberg added he was hosting a community dialogue the same night, February 25, 2009 in the Gresham Room at 7:00 p.m. to discuss the use of chemicals in watercourses. Arlen Gregorio/474 Williamson Way/Shared the problems with glare neighbors are having due to the lighting at Falcon Heights (479 Russell Street). He stated there is warehouse type lighting on the (14) fourteen exterior lights with (4) four additional lights on balconies that have not been lit yet. The building is above the neighborhood and the lighting disturbs sleep and affects the streetscape. The developer made some adjustments but it is still excessive and intrusive. He asked the Council to set a hearing to look into the possibility that this could be a public nuisance under Section 9.08.190 and to strengthen the ordinance. Janet Tuneberg/327 Starflower Lane/Explained her home is exposed to the orange light from the back of the building and (8) eight lights from the streetscape not including the balcony lights. The second story lights are often on all night and noted additional (6) six streetlights along Russell Street. The lighting is overkill, looks very industrial, and eliminates the night sky. Surya Bulow/470 Williamson Way/Noted her house is flooded with light from the 479 Russell Street development all night long, disrupting her sleep patterns even with the blinds closed. She was concerned with the quantity and type of lights used and that the lights were on continually. The development is the entire south side of her property. With lights lit during the day, she is unable to open her blinds because of the glare. She added the lights from the storage unit and roof create a glare. She would appreciate motion lights and stated the current lighting makes the development look like a factory or prison. Cheryl Briggs/472 Williamson Way/Explained her property is directly behind the development and the glare in her bedroom make it difficult to rest. She would support the Council's consideration that the lighting is a public nuisance and would appreciate any help the Council could provide. Councilor Lemhouse/Voisin m/s to place item on agenda for discussion. Voice Vote: all AYES. Motion passed. Monica Trocker/Noted the history for managing cougars is to kill them and hoped that process would be reconsidered. She expressed concern on the number of people present during the incident that should not have been there. She suggested ongoing education on living with wildlife versus having to kill them. Sally Mackler/Expiained she is the Wildlife Chair for the Oregon Chapter of the Sierra Club and explained that Clay Street is somewhat of a wildlife corridor. Oregon State ordinance allows public killing of bears and cougars for safety reasons, Ms. Mackler did not believe this incident reached that bar. The State rule is not to re-locate bears or cougars; the response is always to kill them. Public safety is a matter of concern but there are other ways to deal with these situations and even prevent them from occurring using non-lethal control methods prior to going to lethal. She encouraged the City to consider non-lethal methods. The best way to prevent these types of conflicts is to educate people on how to deal with wildlife and how to avoid confrontations. Research over decades show that constantly killing the cougar population disrupts its social ASHLAND CITYCOUNCIL MEE7ING Febmaq, 17, 2009 PAGE 3 of 9 system and actually creates better conditions for conflict with humans, by removing the adult cougars, the younger juveniles move in and they are the age-class structure likely involved in conflict. Fifteen cougars have been killed in Oregon over the last 15 years is possibly contributing to current conflicts. The public needs to be better educated about big predators and wildlife and learn how to minimize conflict by keeping things that attract wildlife in check. Elise Thiel/321 Clay Street/Commented on her personal experience on viewing the cougar and the consequences she and her daughter suffered due to what they witnessed. She suggested the City adopt a coherent policy for Ashland Police on how to proceed with large predators. She noted Jackson Wyoming's three-strike policy where cougars are tagged and'moved out of town, if the cougar returns, the third time it is terminated. She encouraged the City to establish a bear and cougar friendly policy where animals are removed in a humane and respectful manner. Helene De Martinez/321 Clay Street/Stated that the City of Ashland is trying to become a sustainable City where people want to visit and experience all of its beauty, which includes wildlife. She requested that policy be adopted that law enforcement, public figures and citizens could follow. She commented that during the incident, the Ashland Police were calm, sensitive to the situation and trying to protect the citizens that had gathered. The City should research other States where the policy is tranquilizing and transferring wildlife. Karen Salley/801 Pinecrest Terrace/Requested that the City of Ashland to create a policy and eventually change Oregon State code on wildlife. She shared information on the wildlife policies from other states. Larry Laitner/801 Pinecrest Terrace/Explained that 15 people have been killed due to cougar attacks in the entire United States since record keeping began and that the risk of a cougar attack is low. He asked if it was appropriate for public safety people, the police and wildlife officials to protect every individual from every risk and suggested that individuals should be responsible for their own welfare. Public education efforts to inform people of some of these risks would be beneficial. He felt that Oregon Department of Fish & Wildlife's (ODFW) policy is out-dated and it is not reasonable to kill cougars that just appear in Ashland. An acceptable approach would have been to do nothing. He asked the Council to form a citizen commission to work with City and State Police, ODFW, the Council and community on establishing a policy that reflects modem values. Councilor Navickas/Voisin m/s to place item on agenda under Other Business From Council. Roll Call Vote: Councilor Navickas, Voisin, Lemhouse, Jackson, Silbiger, YES. Motion passed. UNFMSHED BUSINESS 1. Does the City Council agree with the recommendations of Mayor Stromberg, Councilor Jackson, and Councilor Voisin regarding 2009 City Council Goal Setting? Councilor Voisin stated that the City should not pay for a facilitator and that an effort to find someone in-house or free from the Rogue Valley Council of Government (RVCOG) would be the better solution. City Administrator Martha Bennett noted the meeting was scheduled for March 14, 2009. Councilor Jackson emphasized that goals be short term, address the current economic situation in the community and that staff make additional information available at the meeting or prior to the meeting about the Strategic Sustainability Plan. Council requested staff provide them goals that they thought had the most impact and were achievable for the community in a 12-18 month period. Ms. Bennett responded staff would bring a draft agenda and homework assignments to the next Council meeting. NEW AND MISCELLANEOUS BUSINESS 1. Will the Council direct staff to begin the process of adopting the Croman Mill Site Redevelopment Plan and to prepare the necessary accompanying Ashland Land Use Ordinance and Comprehensive Plan Amendments? Councilor Silbiger declared a conflict of financial interest and asked that the Council recuse him from the discussion. ASHLAND CITYCOUNCIL MEETING Febraar), I7, 2009 PAGE 4 of9 Councilor Voisin/Navickas m/s to allow Councilor Silbiger be recused from this discussion. Voice Vote: all AYES. Motion passed. Councilor Silbiger left the room at 7:58 p.m. Community Development Director Bill Molnar and Planning Manager Maria Harris provided a presentation that included: Oregon Statewide Planning Goal 9 Economic Development Economic Opportunity Analysis 2007 Draft Plan Development Timeline 2007/2008 Ashland's Employment Centers - Maps and Aerials of Ashland's Commercial, Employment and Industrial Zones C-1, C-1-D, E-l, M-1 and acreage Draft Plan Contents - Goals and Objectives • Balanced circulation system for bikes, autos, pedestrians, trucks and transit • Create an identity for the area • Preserve rail access for commuters and freight • Provide for a large number of family wage jobs • Allow for light industrial and manufacturing • Allow for a mix of uses • Evaluate funding opportunities for specific infrastructure improvements • Mandate sustainable and green development codes - may require additional funding outside of property owners • Develop standards for "dark skies" Context - Plan Concept - Maps/Photos • Croman Mill Site Redevelopment Plan • Office and Employment District with a target of 60 employees per acre' • Compatible Industrial District - clean/sustainable industrial uses with a target of 25 employees per acre • Neighborhood Center - housing and small scale pedestrian oriented commercial center to serve neighborhood, employees and people using the transit line • Open Space containing Central Park, Transit Plaza and enhancing the creeks that run alongside the property - mandating and funding for these areas will be determined by the Council • Signature Street & Central Park • Street Framework • Pedestrian and Bicycle Framework • Transit Framework • Parking • Green Streets and Parking Lots with 50% pervious paving for parking lots and require enough trees for 50% shade cover Implementation -Priority Projects • Adopt Croman Mill Redevelopment Plan • Create and Adopt Zoning Overlay • Update Comprehensive Plan and Transportation System Plan • Identify Feasibility of Urban Renewal District and Plan • Develop a Parking Management and Funding Strategy for Structured Parking Next Steps • Council Initiates Process of Adopting Draft Plan ASHLAND CITY COUNCIL MEETING February 17, 2009 PAGE 5 of 9 • Staff Develops New Zoning District and Chapter for Ashland Land Use Ordinance with Necessary Comprehensive Plan Amendments • Planning Commission/City Council Study Session and Public Hearing Process Draft Croman Mill Site Redevelopment Plan www.ashland.or.us/croman Jerry Powell/2565 Eagle Creek Lane/Requested further information on funding for this development and questioned a proposal for an 11-story building. He thought the height would obstruct the natural beauty and requested a height limit for the buildings. Mayor Stromberg clarified the actual height limits would be worked out in the process of implementing the plan and would not be implied at this point. Councilor Jackson/Lemhouse m/s to direct staff to initiate the, planning for creating a Croman Area Master Plan. DISCUSSION: Councilor Jackson, Lemhouse and Voisin thought it was a great opportunity and public comment would be taken seriously. Councilor Navickas supported the concept but had concerns regarding height issues, the plan was not as eco oriented as proposed. Other issues were parking and the potential for hotels in residential areas. Mayor Stromberg agreed with Councils support and observations and added one major failing for the plan was the need for workforce housing in the proposed area. Councilor Navickas agreed with the Mayor noting the high-end condominiums built in the E-1 Zone dominated workforce housing. Roll Call Vote: Councilor Jackson, Navickas, Lemhouse and Voisin, YES. Motion passed. 2. Does the Council wish to consider changes in the allocation of Transient Occupancy Tax (TOT) revenue different from those dollars and percentages identified in Resolution 2008-35 because of the projected decrease in revenue to be generated and changes in economic conditions? Administrative Services Director Lee Tuneberg presented the staff report that recommended the Council consider revising the allocations of TOT revenue, given the impact on the City's grant program from declining revenue. Staff is predicting $100,000 less in revenue generated than currently budgeted. He explained that earlier in the year Council had identified how to allocate monies for this year predicting $1,775,000 as part of the budget process. With $1,720,000 for 2009-2010 revenue generated from the 9% tax, the calculation would be $1,262,079 for non-tourism as opposed to the $1.3 million and $457,921 for tourism. The formula and how the resolution is written shows more allocated towards tourism than non-tourism activities, the targets suggested in the resolution leaves $112,079 for small grants and the Chamber for economic development or cultural activities and more money on the tourism side. The resolution requires a shift in the money to meet State requirements. The question is how to budget for next year and what programs to fund in order to meet the State requirement of spending'money on tourism. Mr. Tuneberg clarified the City is required to use $457,921 for tourism. The percentages used for the allocations identified by the Council last year could be changed by repealing the resolution. The resolution allows the Council to make decisions on how to allocate in both categories. There is $112,000 in non-tourism and $45,790 in tourism that through the resolution, the Council decides how to use that money. City Administrator Martha Bennett commented staff could bring back a recommendation for consideration if the Council wanted to change the allocations. Councilor Navickas suggested putting the entire $112,000 into Small Grants in the non-tourism related category and shifting tourism monies so the Visitor and Convention Bureau (VCB) receives $275,000, Oregon Shakespeare Festival (OSF) receives $110,000, the Small Tourism Grants receive $45,000, Public Art $13,000 and retain the remaining $14,000 as a buffer for the Capital Improvement Program (CIP) projects. The intent is to look at the original resolution, shift more money into small grants, have the Chamber of Commerce handle tours and promotions, and do more of the economic development on the side of the City. ASHLAND CITY COUNCIL MEETING Febriuuy U, 2009 PAGE 6 of 9 Chuck Young/1313 Clay Street/Stated that he was the Vice President of the Ashland Bed and Breakfast Network and owner of Country Willows Bed and Breakfast. He noted the economic downturn and stated that the City should increase, not decrease, marketing. The Bed and Breakfast community had concerns that some of the TOT money earmarked for tourism would shift towards to non-tourism and wanted to go on the record as being against shifting funds from that general category. Tom Olbrich/356 Alta Street/Stated he was the Executive Director of the Southern Oregon Film Festival and voiced his concern with the shift in percentages. As a non-profit organization, they rely heavily on City grant monies that come from non-tourism funding. Mr. Olbrich was glad to see the recommendation to have small grants going to non-tourism grants, but voiced his surprise on the large shift away from something that had been discussed for months. Councilor Navickas responded the Council was looking at moving all of the non-tourism related money into small grantees pulling it out of tourism promotion. In the past, many of the grants focused on promoting tourism but in the end, it did not happen. The Council would rather have the VCB focus on tourism promotion and give all the economic development money to the small grantees instead. Pam Hammond/632 Walnut Street/Stated that she owned Paddington Station and shared some of the tasks associated with the business. The most challenging is marketing and the Chamber of Commerce provides marketing through the tourism program. It would be impossible for Paddington Station to provide these services themselves and there is a need to continue to fund the Chamber of Commerce's VCB. As the current President of the Chamber of Commerce, she hoped the Council had reviewed the Chamber's Annual Report and that it was apparent the Chamber has proved it is the best organization to carry out marketing and tourism for the benefit of the City. Don Anway/212 E Main Street/Stated that he was the General Manager of the Ashland Springs Hotel and current Chair of the VCB for Ashland. He appreciated the proposal that Councilor Navickas made and stated that it is important to organize the money for marketing campaigns that are successful and provided examples. It is crucial to keep the money in one fund and offer to help in small tourism grants and important to keep the amenities of the community alive. Josh Hamik/555 Siskiyou Blvd/Stated he is manager and family owner of the Stratford Inn. He explained that they had worked hard to meet the current percentage and reinvest in tourism. Taking money away from Chamber or VCB and allowing the Council to allocate it was not a good decision for the community. He supported the VCB and the Chamber of Commerce keeping and allocating the funds. Mark DiRienzo/931 Beswick Way/Stated he was the Executive Director at Science Works Museum. Science Works brings in a completely different demographic to the community in tourism, employment and education and it is important to have funds available to pull people in from outside of 50 miles. It is equally important to have a broad marketing path and funds available for the Science Works education programs that extend to nine counties. Science Works cannot deliver these services without grant monies. The museum is creating an economic development benefit by hiring teachers, bringing in summer camp educators as well as people exiting I-5 and staying to visit the museum. As much money that can be spread to organizations who are bringing in people from beyond 50 miles is critical and is the original intent of this money. Sandra Slattery/1405 Pinecrest Street/Stated she was the Executive Director of the Ashland Chamber of Commerce. The Chamber's job is to help businesses succeed and the community move through the current economic situation the best way possible. The Chamber is a partner in promoting the economy, creating materials to showcase the City, to those interested in expanding or relocating their companies, growing their families, visiting the community and accessing the City's organizations and services. The Council's support to the Chamber helps their effort through economic development and the VCB to promote the entire community and that now is not a time to cut back. The Chamber needs programs and promotions to help the City get ASHLAND CITY COUNCIL hIEETING Febnmiy l7, 2009 PAGE 7 of 9 through these difficult economic times and supports the industry that brings in $3.5 million through TOT and the Food Beverage Tax. It is imperative to work together in these unprecedented times. Ms. Slattery provided a letter from Dr. Mary Cullinan, the President of Southern Oregon University (SOU) that encouraged support for grant monies to SOU and the Chamber of Commerce. SOU depends on the Chamber's publications and website to attract visitors, employees and students to the region along with the special partnership the Chamber has with SOU's School of Business and conferences. Dr. Cullinan encouraged the Council's strong support for economic development and the VCB. Katherine Flanagan/110 E Main/Stated she was the Director of the VCB and marketing for the Chamber of Commerce. For 27 years, Ashland has relied on the VCB to promote the community to visitors traveling more than 50 miles to Ashland. The VCB mission is to promote visitors year round with the prime focus on fall, winter and spring. The VCB committee is comprised of representatives from each of the industries that relate to tourism that rely on the VCB to gain the most effective market exposure for the Ashland experience. The VCB offers cooperative advertising opportunities that do more than individual businesses. According to Travel Oregon, every $1 spent on marketing tourism equals $159 in visitor spending and translates to $6 in State and local tax revenue. Providing the VCB with funding for promoting tourism brings money into Ashland and supports the local tax base. Ms. Flanagan appreciated the Council's support through the funding that enables the VCB to promote Ashland. Ms. Bennett explained it was the beginning of the grant process and staff needed direction on allocation. Council commented on Councilor Navickas' grant allocation proposal that consisted ofputting the non-tourism amount into small grants and for tourism, allocating $275,000 to the VCB, $110,000 to the OSF, $45,000 to Small Tourism Grants, $13,000 to Public Art and the remaining $14,000 as a buffer. Clarification that small grantees were not doing tourism promotion and allocating promotion dollars to the VCB would make the process cleaner. Council commented that the Chamber, OSF; Small Tourism Grants would all be affected and that by allocating $275,000 to the Chamber and giving the Chamber Economic Development funds to the City makes sense. It was noted that the Council was doing what the people suggested by giving the money to the group that knows best how to spend it and that the City was constrained by the tourism split requirement on the funds. Concern was raised that the economic development portion of the resolution, which allocated $150,000, would suffer. That it was going backwards to repurpose the economic development to strategic planning and that the Council should be wary of economic development being a slice of the strategic plan. It was suggested that a portion of the economic development money should go to the Chamber. Ms. Bennett shared that staff had delayed filling the staff position associated with economic development due to the decline in TOT. Reducing the funding jeopardizes the Strategic and Economic Development Plans because it eliminates the staff position for those projects. If the Council decided to reduce the amount and shift funds in grant form for economic development, it should not exceed $10,000415,000. Council continued their discussion with the following comments: • Concern regarding repurposing Economic Development to Strategic Planning • Strategic Planning has been a council goal for several years • State law mandates l % in 70% of City's bed tax for tourism which has created this division • Lack of flexibility to place money targeted for tourism into economic development • Need to keep in mind the "big picture" in regards to Economic Development • Need for staff person to focus on strategic planning with large economic development component Councilor Silbiger noted that this year was for developing the plan, and next year would be for implementing the plan. Currently the City is a year away from the plan and he could not speak to the activities associated with it because the plan was not developed. Giving money to the Chamber for economic development would c ASHLAND CITY COUNCIL MEETING February 17, 2009 PAGE 8 of 9 maintain what is in place until a plan is developed. Councilor Navickas added this is not the Chamber's complete budget, they have other revenue sources they could put into economic development. Suggestion was made that a cap at $112,000 for small grants, with additional revenue going to the Chamber Economic Development was made. Ms. Bennett explained that all would need to be distributed through the budget process. Mayor Stromberg commented that the intention is to have an Economic Development Plan in place and at that point, no longer deal with trade offs because it would transfer to the City. Councilor Silbiger clarified the intention was to have a certain amount of revenue for this coming fiscal year so there would not be these issues. Councilor Jackson added one of the other purposes of creating small tourism grants as a separate category was to facilitate the distinction that exists within the small grants; some are clearly used as tourism. She was most comfortable with Councilor Navickas' suggestion. Councilor Lemhouse shared the view voiced by Councilor Silbiger and asked if the City could afford to wait one year on economic development. He was uncomfortable taking money from the Chamber and not filling the gap it would create for a year. Councilor Navickas thought the focus should be on what the Chamber of Commerce wanted to support which was tourism promotion. The Council was offering the Chamber the opportunity to increase tourism promotion, and wanted to see the Chamber promote tourism in other cities, not necessarily local events. Councilor Navickas/Voisin m/s to approve TOT allocation that sets small grants at $112,000 and change in non-tourism category, in tourism category the VCB grant would be $275,000, the OSF grant would be $110,000, small tourism grants would be $45,000, Public Art would be $13,000 and change and the amount allocated to City projects would be $14,000 and change and additionally, to direct staff to come back with a revised resolution. DISCUSSION: Councilor Silbiger clarified that that there is no dollar amount that would make sense without eating into the Economic Development Program. Ms. Bennett clarified that if the projected revenue were less, it would come out of the General Fund, Economic Development, Public Art and the $14,000 buffer. Mr. Tuneberg added that if it came out higher it would require a budget transfer for the current year, moving monies from contingency to spend on tourism, recognizing additional monies that have come in. Councilor Navickas commented his intent would be to cut into the $14,000 buffer first. Roll Call Vote: Councilor Jackson, Lemhouse, Navickas, Voisin, YES; Councilor Silbiger NO. Motion passed 4-1. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Should Council approve Second Reading of an Ordinance titled, "An Ordinance Amending the Ashland Municipal Code Chapter 2.36.030 Initiatives and Referendums - Deposit Required?" City Attorney Richard Appicello read the title in full. Councilor Jackson/Lemhouse m/s to approve Ordinance #2979. Roll Call Vote: Councilor Jackson, Voisin, Lemhouse, Navickas and Silbiger, YES. Motion passed. 2. Should the Council approve a Resolution titled, "A Resolution Establishing Deposit Required on any Initiative or Referendum Petition for Final Filing?" City Attorney Richard Appicello read the title in full. Councilor Voisin/Jackson m/s to approve Resolution #2009-05. Voice Vote: all AYES. Motion passed. 3. Should Council approve Second Reading of an Ordinance titled, "An Ordinance Relating to Ambulance Response Times and Amending AMC 6.40.060?" City Attorney Richard Appicello read the title in full. • ASHLAND CITY COUNCIL MEETING February l7, 2009 PAGE 9 of 9 Councilor Lemhouse/Voisin m/s to approve Ordinance #2978. Roll Call Vote: Councilor Lemhouse, Silbiger, Jackson, Navickas and Voisin, YES. Motion passed. NEW AND MISCELLANEOUS BUSINESS-(continued) 3. Discussion regarding lighting on Russell Lane as noted during Public Forum. Mayor Stromberg noted a provision in Chapter 18.72.140-stating lights in one zone cannot shine directly into another zone. Community Development Director Bill Molnar added the code also states lighting shall not directly illuminate a residential area and currently the Planning Department is evaluating the situation on Russell Lane. City Administrator Martha Bennett explained the criteria in the code is opened ended and subject to interpretation and applying it to this situation could result in a counter suit form the property owner saying the City has abused their authority. City Attorney Richard Appicello explained the Land Use Enforcement Provision 18.112 contains language regarding the enforcement of the Land Use Code. Mr. Molnar added the project has not received the final Certificate of Occupancy and the Planning Department was in the process of coming to a determination. Mr. Appicello further explained there could a planning enforcement action depending on the solution. If Council wanted to change the code, they should do it through legislative action in a possible dark sky ordinance establishing limitations on lighting that applies everywhere. Ms. Bennett suggested staff bring a draft ordinance to the Council if the decision was to pursue a legislative amendment. Council consensus was to allow staff to continue with the conditions of approval on the Planning Approval process, address the mitigation of light, and glare issues. It was noted that the "dark sky" ordinance has been on the Council's list of goals for years. Mr. Molnar stated he has been working with Russ Dale and the general contractor, who is working with the neighbors, to evaluate the specific issues. There are five or six more lots to develop and with the Planning Department focusing on lighting for the remainder of the project, it would be prudent for the developers to remedy the situation now. Mr. Molnar will keep the neighbors apprised of the progress and currently was trying to arrange a meeting for the neighbors and developer to discuss the issues. 4. Will the Council adopt staff's recommended pavement management strategy? Councilor Voisin/Navickas m/s to approve staff recommended pavement management strategy. Roll Call Vote: Councilor Navickas, Voisin, Lemhouse, Jackson, Silbiger, VIES. Motion passed. 5. Discussion regarding Wildlife Management Policy for the City due to recent by Ashland Police shooting of cougar on Clay Street. Councilor Lemhouse requested staff provide information regarding the cougar shooting. City Administrator Martha Bennett explained staff had spoken to ODFW and would forward information when received. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS ADJOURNMENT Meeting was adjourned at 10:29 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor boom, PROCLAMATION • The month of March, 2009, has been designated as "National Intellectual and Developmental Disabilities Awareness Month" (NIDDA) in order to celebrate and recognize people with disabilities. • Disability is a natural part of the human experience and in no way diminishes the right of people with disabilities to make choices, contribute to society and experience in full the many blessings of American society. • Family members, friends and the community at large all play a role in supporting people with disabilities as they pursue their dreams. • The goals of this city properly include helping people with disabilities realize full access to housing, employment and the recreation activities which help create productive and satisfying lives, and to live as independently as possible. NOW THEREFORE, the City Council and Mayor, on behalf of the citizens of Ashland, hereby proclaim March 2009 as "National Intellectual and Developmental Disabilities Awareness Month (NIDDA) " in the City of Ashland, and call upon the citizens of Ashland to observe the month with appropriate programs and activities. Furthermore, we encourage the citizens of Ashland to seek information from those organizations with expertise in matters concerning developmental disabilities. Dated this 3rd day of March, 2009. John Stromberg, Mayor a Barbara Christensen, City Recorder PROCLAMATION "INTERNATIONAL WOMEN'S DAY" • In 1911, International Women's Day was honored the first time in Austria, Denmark, Germany and Switzerland. • March 8 is celebrated across the world as International Women's Day and provides an opportunity to recognize the achievements of women and their contribution to society. • On this day, women can celebrate the progress that has been made but also contemplate those areas of women's lives where more can be done. Women's access to education, health care and paid labor has improved, and legislation that promises equal opportunities for women and respect for their human rights has been adopted in many countries. • However, nowhere in the world can women claim to have all the same rights and opportunities as men, and until we all work together to secure the rights and full potential of women, lasting solutions to social, economic and political problems are unlikely to be found. a • We need to see changes that transform relationships between women and men, so women will be able to take greater financial, political and physical control of their lives. • International Women's Day addresses the social, economic, and political barriers still facing women and girls while celebrating their achievements and the progress that have been made in support of women's equality. NOW THEREFORE, the City Council and Mayor, on behalf of the citizens of Ashland, hereby proclaim March 8, 2009 as: "International Women's Day" Dated this P day of March, 2009. John Stromberg, Mayor Barbara Christensen, City Recorder ASHLAND AIRPORT COMMISSION February 3, 2009 MINUTES MEMBERS PRESENT: LINCOLN ZEVE, DAVID WOLSKE, RICHARD HENDRICKSON, BILL SKILLMAN ALAN DEBOER STAFF: SCOTT FEURY MEMBERS ABSENT: TREGG SCOTT, BRITTANY WISE, RUSS SILBIGER Visitors: Dave Risdale, Larry Graves, Alan Bender 1. CALL TO ORDER: 9:30 AM 2. APPROVAL OF MINUTES: January 2009, Motion by Skillman for approval, second by Wolske, unanimous vote, minutes approved as written. 3. Public Forum: Alan Bender states that new Medford Terminal is open and the restaurant will be open soon. Traffic is down throughout the industry as well as locally. He also states that Allegiant Air will be adding a new flight. 4. OLD BUSINESS: A. Hangar Door Installation: Skinner is in a holding pattern, waiting for City. Skinner to draft letter to City with expectations for payback schedule and interest requirements. City to respond to requirements and receive approval for payback schedule. Commission all agrees that the hangar door needs to be replaced. Skillman states that the safety and liability issues of the old door should motivate the City of Ashland to setup the terms with Skinner for replacement with the donated door in a timely manner. Skinner also states that the existing door needs rollers replaced and maintenance on a periodic basis that costs the City money annually and could be remedied with installation of the new door. B. Avionics Business: The business is up and operating. Risdale has issues with sign installation due to planning code. He is not able to install sign on side of building that has no door. Risdale and DeBoer to discuss door installation on DeBoers hangar. JLC Avionics sign to be added to Airport entrance road sign. C. ODA Inspection Repairs: As per Hendrickson email, regarding the varmint problem that is contributing to the failure of the runway and return taxiway, it appears that smoke bombs are the easiest and least evasive techniques recommended by Kevin Christenson of the ODFW. Fleury to work with Street Department or Parks to use smoke bombs to help remove varmint. Christenson also stated the best way to keep deer from entering the runway area is to remove their safety habitat in the proximity, which would be any vegetation they use for cover in the surrounding area. Fleury states that ODA is requiring Ashland to remove blackberry growth near the vasi-lights and runway right now and this will bush back that vegetation and might help keep the deer clear of runway. Fleury to work with the Street Department and Parks to remove the blackberries for a certain distance, not to enter into the 20' from top of bank of Neil Creek zone. Fleury also states that he is working on the permit to remove the willow trees at the south end of the airport and top the trees at the C:\DOCUME-1\shipletd\LOCALS-1\Temp\February 3 2009.doc 1 North end that are encroaching into the 20:1 approach slope zone. These trees have been flagged by ODA and FAA for this encroachment and need to be dealt with. Fleury also states their might be AIP money to take care of topping and removal and will work with Jim Olson to determine. 5. NEW BUSINESS: A. Riparian Ordinance: Fleury goes over information in email from Maria Harris regarding Riparian Ordinance and its affect on the Airport Property. The main issue would be any work that happens within 50' of top of bank of Neil Creek. This is regarded as the buffer zone. This will present issues with tree-removal and clearing specifically at the North-West end of the Airport in the future. Fleury states that with the new Airport Overlay Zone being written that we should be able to handle this situation. B. Airport Zoning Ordinance: Fleury states that he is personally working on the new overlay zone for the airport to replace the existing zone as defined in Ashland Municipal Code 18.60. The new overlay should handle most of the planning issues with respect to construction that have plagued the Airport in the past. Fleury has found some useful information from other jurisdictions regarding their Airport Overlay zones. Fleury states the whole process to write the new ordinance and have the Airport Master Plan adopted into the comprehensive plan will talk over a year to accomplish. C. Airport Master Plan: Fleury asks commission members if they have a copy of the existing Master Plan and if they would like to have a copy. He also states the Master Plan is available for download from the City of Ashland website on the Public Works Airport page. Skinner would like a couple copies available at the FBO office. Fleury will make multiple copies and bring them to the next meeting for whoever would like them. D. Hangar Numbers: Fleury shows layout of hangar numbers for Commission to reviews. Also states that fire is ok with all common wall hangars to have unit numbers that start at 1 and end at•the last unit number instead of the previously presented system in which the numbers continually increase throughout the Airport. Fleury to work with Wolske, Margueritte Hickman and Lea Light to adopt a pattern of numbering that works for all. E. Object Free Area Sign: Commission agrees that Fleury should work with Skinner to adopt correct wording and layout for signs at the end of runway 12 and 30 that need to be moved into the OFA. Skinner states that he would like to see a couple additions to the signs including the new SuperAwos frequency. The Commission discusses the entrance sign and Skinner to find out what SASO's on-site would like their name's added to sign at entrance and report back to Fleury. F. CAP Hangar: Commission discusses CAP hangar and current lease. CAP does have a current lease through 2011. In the recent Fire inspection it was noted that the CAP hangar has serious issues with wiring throughout that need to be addressed along with a boat being stored within the Hangar. Commission tasks Fleury with writing a letter to CAP to gauge there intent of use with regards to the hangar. The CAP lease states that, the lessee shall use the premises solely for the purposes related to or arising out of the Civil Air Patrol's three missions; emergency services, aerospace education, the cadet program and any activity in support of local, state and federal agencies. The City and Airport Commission need verification that the CAP is still using the hangar as per the lease. The Commission agrees that if the CAP is not using the hangar per the lease then they either need to remove it as per the lease or determine if it is a possibility to give the hangar to the City and let the City C:\DOCUME-llshipletd\LOCALS-1\Temp\February 3 2009.doc 2 improve it and rent it out. G. Rates Policy: Skinner and DeBoer reviewed the rate policy of Josephine County and discussed with the rest of the Commission. The Commission agrees that they do not want to adopt any more policies regarding rates and adjustments for the Airport. Deboer states that the ground leases have existing language within them that adjust the lease rates every year and that they follow the Airport Master Plan and ODA guidelines when adjusting the rental rates and tie down fees. H. Commission Vacancy: Zeve spoke with Mayor Stromberg regarding review of applications for open spot. Opening will be filled with approval by Mayor in May 2009. Also existing Commission members who applied to continue their appointment will be notified in May of there status. 6. AIRPORT MANAGER REPORT/FBO REPORT/AIRPORT ASSOCIATION: A. Status of Airport, Financial Report, Review of Safety Reports: Commission discusses equipment and trailers belonging to Burl Brim. There is concern over trailer parked on side of hangar that is close to taxi-way and presents a possible wing strike object and concern over helicopters to far out on apron in front of hangar that also present possible wing strike objects. Zeve to discuss with Burl Brim. Burl Brim also has tanker truck stored back behind hangar and Commission worries about spills and any spill prevention items that can address the concern. B. Maintenance Updates - No new updates regarding any work performed out at the Airport. Fleury to keep working with Street Crew for required maintenance as per ODA inspection report. 7. OTHER': The meeting of the JC airport commission is the third Monday of the month at 12:00 PM. 8. NEXT MEETING DATE: March 3,2009,9:30 AM ADJOURN: Meeting adjourned at 11:22AM C:\DOCUME-1\shipletd\LOCALS-1\Temp\February 3 2009.doc 3 ASHLAND CONSERVATION COMMISSION MINUTES 7 p.m. - January 28, 2009 Community Development Center Chairperson Jackson welcomed everyone, Welcome everyone Pleasure to be with the group CALL TO ORDER The meeting was called to order by Chairperson Jackson. Attendees: Rise Buck, Russ Chapman, Stuart Corns, Ross Finney, Jim Hartman, Shelley Lotz, Jim McGinnis were . present. Tracy Harding and was not present and excused. City Council member and Chair: Kate Jackson Staff representative: Dick Wanderscheid APPROVAL OF MINUTES Commissioner Jackson moved to approve the minutes for December 10, 2008. Corrections to the minutes: Commissioner Hartman remarked plastic bag and shrink wrap collection should be changed to Bottle Bill Expansion. Commissioner Buck moved to approve the minutes of December 10, 2008 with the corrected heading change and Commissioner Finney seconded the motion, Voice Vote: All Ayes. The motion.passed with a unanimous vote. PUBLIC FORUM No one present to speak. ASHLAND SANITARY & RECYCLING UPDATE http://www.ashlandsanitary.com/ Commissioner Buck updated the Commission for the month. The recycling center days of operation will change and be open Tuesday through Saturday and now closed Sunday and Monday. The electronics recycling has been impressive, with Ashland Sanitary providing recycling free for all electronics. Beginning January 1, 2009, the state mandates recycling of computers, monitors, N's and Ashland Sanitary has still offered free recycling of electronics up to seven items per day. From July 08 - Dec 08 there was 36.9 tons of material collected. For the same time period 325 pounds of ink jets, cartridges, toners and cell phones were also collected. 2 tons of material was collected in three months for shrink wrap and plastic bags In 2007 the number of hits on the Ashland Web site was 16,920 and in 2008 the number of hits reached 36,264. The Boy Scout Christmas tree pick up happened on January 10, and collected more than 1,400 tress. We have 4 worm bins left. Hazardous Waste Collection day will be May 1 & 2 in White City, check web site for updated information. Latex Paint collection day will be at the Valley View Transfer Station on April 17 & 18 for residential. Bottle Mania will be Thursday, April 2 at SOU. Mater Recyclers 2nd training will begin in March and they are currently accepting applications. For more information you may contact Rianna Signs at 776-7371. Commissioner Buck announced she would be out of town for the next meeting on February 25. OLD BUSINESS ClearMax Discussion Commissioner Buck updated the Commission regarding the ClearMax project. She ordered 2 containers, one is for Standing Stone Brewery and the second for the Parks Department. The Boy Scouts will be the first organization collecting the materials and each container will be worth approximately $849. Commissioner Buck asked the Commission if they would like to monetarily support this project by helping with the cost of the insert signage and thereby their name would be listed on the signs. The Commission discussed supporting this project and creating a physical presence in the community. Commissioner Chapman would bring a mock up design to the next meeting and this Item would be placed under old business. Resolution for changes to Conservation Commission Mr. Wanderscheid reported to the Commission there was a sub-committee to the City Council that was looking into all the Committees and Commissions and recommending changes. . Included in the report were recommendations summarized below: 1) The council liaison participate In Commission discussions, but not permitted to vote because Commissions exist to advise Council and recommendations from Commissions to counsil must be approved by a full counsil therefore allowing a voting counsil liaison to vote twice. 2) Council Liaison should not chair the meetings because they guide the discussion and direction for the Commission and are primary liaison for staff and counsel. This duel position would be in conflict. 3) The Commissions should elect a chair and vice-chair each January. 4) Minutes will be taken by staff. 5) Staff will include a budget report at each meeting. Mr. Wanderscheid asked the Commission members if they wanted to change the ordinance so the Commission is 9 appointed people and the Counsil Liaison just serves as a Liaison. The members discussed different aspects of this issue including the Councilor's role at the meetings, their commitment to the Commission, leadership, and constant presence at all meetings. The three options for change would be: 1) Follow the Council's sub-committee recommendation and add a voting person. 2) Keep councilor as a member, but they can not serve chair. 3) Keep councilor as member, they may serve as chair, with a new vote each January for a new chair. Council Liaison Jackson explained the sub-committee reasoning behind their recommendations: They wanted the Commissions to operate independently to not be overly influenced. The Council is using them as an advisory body and one councilor should not be a big part of that advisory body. The members discussed the council's representation within the Commission. Commissioner Hartman moved that the Council Liaison not automatically become the Chair of this Commission, but they would be a voting member of the Commission and could be elected to the Chair like all the other members. Commissioner Chapman seconded the motion. No further discussion. Individual Poll vote: Russ Chapman-Yes Ross Finney-Yes Risa Buck-Yes Jim Hartman-Yes Stuart Corns-Yes Shelley Lotz- Yes Kate Jackson-No Jim McGinnis-No Motion Passed. Name Change for Commission Commissioner McGinnis wanted to clarify, this area was not necessary about changing the Commission's name, but revisiting the Charter. The members reviewed the Charter as written and Commissioner McGinnis would like to spend some time reviewing the Charter and make sure it is in alignment with the Commission. Commissioner Finney suggested a retreat instead of taking time from the monthly meetings to revisit our charter and decide on annual goals. 1) Review Charter 2) How Commission applies to the Charter 3) Commission goals for 2009 Commission decided to meet for retreat on Saturday March 7, 2009 fro 10-4pm. Commission Display The Commissioners wanted to update the display for presentation at Earth Day and discussed different topics for the display. Also the Commissioners talked about updating the brochures. Sub-Committee Reports Green Business Committee This sub-committee met today prior to Conservation Commission meeting. The team has recognized 7 green businesses and in the process with 8 additional for a total of 15 business that will be recognized for 2008. Beginning March the Team will begin with 6 new businesses. Reported about the Natural Step process. Commissioner Lotz would like to join this sub-committee. July 4th Committee/2008 Event- The event was successful last year and there seems to be enough interest to plan for another event. Plastic Bag/Non-Petroleum Dinnerware Committee- Commissioner Chapman read the following advertisement he would like to put into prinU The City of Ashland's conservation commission.would like to thank the Ashland businesses who, without a legal mandate, stepped up and developed an approach to limit or eliminated the use of carry out bags. A grateful community appreciates your efforts. The Commission decided to bring it back for the next agenda with art work and/or a proof. Education Committee- (2 minutes) Already reported Cities for Climate Protection Committee- (3 minutes) Commissioner McGinnis reported the sub-committee is going to look at greenhouse baseline information. NEW BUSINESS Budget Review- Already reported. Compost Classes/Incentives for bins. Commissioner Buck wanted to discuss the situation arising with the cost of compost bins, suggesting citizens compensating for part of the purchases. This item will be put'on the next agenda under old business. COMMISSION ITEMS NOT ON AGENDA Commissioner McGinnis and Councilor Jackson attended a meeting for International Cities for Climate Change and Commissioner McGinnis asked to be reimbursed for the gas and entry fee. Commissioner Finney made a motion to compensate Commissioner McGinnis for his conference fee and gas costs to attend the conference. Also he stated we allow 10 minutes under the subcommittee for a report associated with the conference. The motion was seconded by Commissioner Hartman. Voice Vote: All Ayes. The motion passed with a unanimous vote. Commissioner Corns reported to the Commission about the SOU sustainability initiative. Serious effects are being made within the University structure to assess the amount of energy and water they consume and how they can reduce the consumption. SOU is hoping to gear some new projects toward energy management with some of the appropriated Legislature money. As a project manager he helps to recycle and sustain as much of the materials replaced as possible within our community. Commissioner Buck remarked about Standing Stone Brewery has an educational display about reduce, reuse, recycle, renew. ANNOUNCEMENTS Next Meeting- February 25, 2009 ADJOURNMENT- 9:06 pm. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Community Development office at 541-488-5305 (TTY phone number is 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Titlel CITY OF -ASHLAND ~•~I•, CITY OF ASHLAND Council Communication Liquor License Application Meeting Date: March 3, 2009 Primary Staff Contact: Barbara Christensen Department: City Recorder E-Mail: christeb ,ashland.or.us Secondary Dept.: None Secondary Contact: None Approval: Martha Bennet Estimated Time: Consent Question: Does the Council wish to approve a Liquor License Application from Vin Mehta dba Taj Indian Cuisine at 31 Water Street? Staff Recommendation: Endorse the application with the following: The city has determined that the location of this business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. The city council recommends that the OLCC proceed with the processing of this application. Background: Application is for a change of ownership. The City has determined that the license application review by the city is set forth in AMC Chapter 6.32 which requires that a determination be made to determine if the applicant complies with the city's land use, business license and restaurant registration requirements (AMC Chapter 6.32). Related City Policies: In May 1999, the council decided it would make the above recommendations on all liquor license applications. Council Options: Approve or disapprove Liquor License application. Potential Motions: Approve or disapprove Liquor License application. Attachments: None Page 1 of I CITY OF ASHLAND Council Communication Liquor License Application Meeting Date: March 3, 2009 Primary Staff Contact: Barbara Christensen Department: City Recorder E-Mail: christeb(c_~ashland.or.us Secondary Dept.: None Secondary Contact: None Approval: Martha Bennet Estimated Time: Consent V1 -y Question: Does the Council wish to approve a Liquor License Application from Marlane Webb dba Ashland Bistro Caf6 at 38 E Main Street? Staff Recommendation: Endorse the application with the following: The city has determined that the location of this business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. The city council recommends that the OLCC proceed with the processing of this application. Background: Application is for a change of ownership. The City has determined that the license application review by the city is set forth in AMC Chapter 6.32 which requires that a determination be made to determine if the applicant complies with the city's land use, business license and restaurant registration requirements (AMC Chapter 6.32). Related City Policies: In May 1999, the council decided it would make the above recommendations on all liquor license applications. Council Options: Approve or disapprove Liquor License application. Potential Motions: Approve or disapprove Liquor License application. Attachments: None Page I of I CITY OF ASHLAND Council Communication Continuation of a Public Hearing on the adoption of a Water Resources Ordinance Meeting Date: March 3, 2009 Primary Staff Contact: Bill Molnar Department: Community Development E-Mail: molnarb(a)ashland.or.us Secondary Dept.: None Secondary Contact: Maria Harris Approval: Martha Benne Estimated Time: Consent Question: Should the Council continue the public hearing on adoption of ordinances adding Chapter 18.63 Water Resource Protection Zones to and modifying Chapter 18.62 Physical and Environmental Constraints of the Ashland Land Use Ordinance (ALUO), amending the Ashland Comprehensive Plan to include a Water Resources Map and revising the Floodplains Map, and adopting the Local Wetlands Inventory (LWI) as a technical study from March 3, 2009 to April 21, 2009? Staff Recommendation: Staff recommends the Council continue the public hearing on Chapter 18.63 Water Resources Protection Zones and related ALUO and Comprehensive Plan amendments regarding protection of wetlands, streams and riparian corridors from March 3, 2009 to April 21, 2009. Background: After approximately six months of study sessions, site visits and public hearings, the Planning Commission recommended approval to the City Council of an ordinance amending the Ashland Land Use Ordinance (ALUO) to include Chapter 18.63 Water Resource Protection Zones and related ALUO and Comprehensive Plan amendments regarding protection of wetlands, streams and riparian corridors at a special meeting on November 6, 2008. The Council public hearing was originally continued from the January 20, 2009 to the March 3, 2009 meeting. The public hearing is being postponed to April 21, 2009 to allow time for Council site visits to riparian areas and for additional conversations with citizens interested in how the ordinance addresses herbicide use, as well as because of competing items on future Council agendas. Related City Policies: Section 18.108.170 Council Options: Continue the public hearing on the Chapter 18.63 Water Resources Protection Zones and related ALUO and Comprehensive Plan amendments regarding protection of wetlands, streams and riparian corridors from March 3, 2009 to April 21, 2009. c Page I of 2 CITY OF ASHLAND Potential Motions: Move to continue the public hearing on adoption of ordinances adding Chapter 18.63 Water Resource Protection Zones to and modifying Chapter 18.62 Physical and Environmental Constraints of the Ashland Land Use Ordinance (ALUO), amending the Ashland Comprehensive Plan to include a Water Resources Map and revising the Floodplains Map, and adopting the Local Wetlands Inventory (LWI) as a technical study from March 3, 2009 to April 21, 2009. Attachments: None. Page 2 of 2 CITY OF ASHLAND Council Communication A Resolution to Authorize Refinancing the Bank Loan Used to Construct T-hangers at the Airport in 2004 Meeting Date: March 3, 2008 Primary Staff Contact: Lee Tuneberg Department: Administrative Services E-Mail: tuneberl@ashland.or.us Secondary Dept.: Public Works W Secondary Contact: Mike Faught Approval: Martha Benn Estimated Time: Consent Question: Should Council approve a resolution authorizing the Administrative Services/Finance Director to refinance the remaining portion of the bank loan used to fund T-hangar construction in 2004? Staff Recommendation: Staff recommends approval of the attached resolution. Background: In January 2004 the City decided to construct new hangars to meet the need for more lease space. The airport had, and still has, a waiting list to get into hangars. The City accepted bids on a bank loan to construct 14 "T" type hangars in one structure at the municipal airport. Of the four bids received, the best proposal was from Wells Fargo and included the following terms: A 4.68% taxable rate over a maximum of five years with a refinancing to occur April 1, 2009. 1. The annual debt service would be $35,072 with $290,348 to refinance in 2009. 2. Hanger lease payments would be the primary source of revenue to make debt service payments. 3. City of Ashland's Full Faith and Credit guaranteed the loan. The loan is taxable in that the construction was for space to be utilized by private individuals rather than to house municipal equipment. A 4.68% taxable rate has been a good investment but it cannot be duplicated at this time. The new structure added value to the City's asset and met a public need. The life of the asset exceeds 20 years and the calculated payback period is 15 years. The best proposal made this year came from Wells Fargo again and is in the 6.35% range for 10 years to completely retire the debt OR 5.5% for another five years requiring another balloon payment or refinancing of $194,215 in 2014. Although higher, the new rate is comparable to other taxable rates for City financing done in 2005 and about half percent less than what other banks were willing to estimate. None or the responders were interested in a bid process for such a small amount since it would only increase the rates. Thus, the exact rate is an estimate and the final percentage will be determined through negotiations. It is expected to be 6.5% or less. Page 1 oft CITY OF ASHLAND Staff believes accepting the higher interest rate and retiring the debt in five years at $39,619 per year is better than a lower rate resulting in $35,000 per year for debt service and another refinancing of $194,215 in 2014. The increased debt service may require the Airport Commission to recommend higher rates or other fees sufficient to pay operational costs and to meet the loan obligations. Related City Policies: None Council Options: Council may accept this recommendation and authorize the Administrative Services/Finance Director to proceed or take no action awaiting additional information. Potential Motions: I make a motion to approve the attached resolution authorizing refinancing the T-hangar loan. Attachments: Resolution authorizing refinancing the loan Proposed debt service schedule Resolution 2004-04 2 030309 Airport Hanger Res.CC.doc Iir, I RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND, OREGON, AUTHORIZING THE REFINANCING OF THE 2004 BANK LOAN ASSOCIATED WITH CONSTRUCTING A HANGAR AT THE ASHLAND MUNICIPAL AIRPORT Recitals: The City Council finds as follows: A. The City financed costs of constructing a fourteen-airplane, nest-configured T-hangar building at the Ashland Municipal Airport (the "Project") in 2004. B. The City is authorized by ORS 271.390 to enter into financing agreements in order to finance the cost of any real or personal property that the City determines is needed. C. The Project was needed to provide services for the City and its citizens. D. The terms of the financing required refinancing by April 1, 2009. E. The City desires to refinance the remaining portion of the 2004 loan with a similar loan that will retire the obligation in ten years. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: Section 1. Loan Agreement Authorized. The City is authorized to enter into a loan agreement in an aggregate principal amount of not more than $290,000 (the "Loan Agreement'). Loan proceeds shall be used to re-finance the remaining portion of the original loan. The Administrative Services/Finance Director or designee of the Administrative Services/Finance Director (any one or which is described as the "City Official'), on behalf of the City and without further action by the City Council, may: 1.1. accept the most desirable bank proposal to refinance the 2004 Loan Agreement, negotiate the terms of the Loan Agreement, and execute the Loan Agreement in an aggregate principal amount of not more than $290,000; 1.2. execute and deliver a note reflecting the City's obligation to make the payments due under the Loan Agreement: 1.3. provide that interest payable under the Loan Agreement will be includable in gross under the Internal Revenue Code of 1986, as amended (the "Code'); 1.4. execute and deliver any other certificates or documents and take any other actions which the City Official determines are desirable to finance the Project with the Page 1 of 2 Loan Agreement in accordance with this resolution. Section 2. Security. The City Official may pledge the City's full faith and credit and taxing power within the limitations of Sections 11 and 11 b of Article XI of the Oregon Constitution, and any and all of the City's legally available funds, to make the payments due under the Loan Agreements. SECTION 3. This resolution was duly PASSED and ADOPTED this day of March, 2009, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of March, 2009: John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney Page 2 of 2 'axable Full Faith & Credit Note City of Ashland, OR Exhibit A Costs Funded Payment Rate 20 Payments Level Payment Closing Fees Average Life $290,000.00 6.35% 2 per year $19,809.30 $0.00 5.77 years 6.350% Rate Fctr-.068308 69.2 months Commencement: Apr 1, 2009 Closing Date: Apr 1, 2009 After Payment After Payment Total Payment Interest Principal Payment Due Pmt Due Payment Due Payment Due Principal Termination Date Balance Value $0.00 $0.00 $290,000.00 Apr 1, 2009 1 $19,809.30 $9,207.50 $10,601.80 $279,398.20 $283,744.44 Oct 1, 2009 2 $19,809.30 $8,870.89 $10,938.41 $268,459.80 $272,447.47 Apr 1, 2010 3 $19,809.30 $8,523.60 $11,285.70 $257,174.10 $260,811.60 Oct 1, 2010 4 $19,809.30 $8,165.28 $11,644.02 $245,530.07 $248,826.65 Apr 1, 2011 5 $19,809.30 $7,795.58 $12,013.72 $233,516.36 $236,482.15 Oct 1, 2011 6 $19,809.30 $7,414.14 $12,395.15 $221,121.20 $223,767.31 Apr 1, 2012 7 $19,809.30 $7,020.60 $12,788.70 $208,332.50 $210,671.03 Oct 1, 2012 8 $19,809.30 $6,614.56 $13,194.74 $195,137.76 $197,181.87 Apr 1, 2013 9 $19,809.30 $6,195.62 $13,613.67 $181,524.09 $183,288.02 Oct 1, 2013 10 $19,809.30 $5,763.39 $14,045.91 $167,478.18 $168,977.37 Apr 1, 2014 11 $19,809.30 $5,317.43 $14,491.87 $152,986.31 $154,237.39 Oct 1, 2014 12 $19,809.30 $4,857.32 $14,951.98 $138,034.33 $139,055.21 Apr 1, 2015 13 $19,809.30 $4,382.59 $15,426.71 $122,607.62 $123,417.57 Oct 1, 2015 14 $19,809.30 $3,892.79 $15,916.51 $106,691.11 $107,310.80 Apr 1, 2016 15 $19,809.30 $3,387.44 $16,421.86 $90,269.26 $90,720.82 Oct 1, 2016 16 $19,809.30 $2,866.05 $16,943.25 $73,326.01 $73,633.15 Apr 1, 2017 17 $19,809.30 $2,328.10 $17,481.20 $55,844.81 $56,032.85 Oct 1, 2017 18 $19,809.30 $1,773.07 $18,036.23 $37,808.58 537,904.53 Apr 1, 2018 19 $19,809.30 $1,200.42 $18,608.88 $19,199.71 $19,232.37 Oct 1, 2018 20 $19,809.30 $609.59 $19,199.71 $0.00 $1.00 Apr 1, 2019 Please Note. The sum of all principal payments differs from total principal by two cents due to even-cent rounding. This exhibit is a draft only and may not reflect final terms. Wells Fargo Public Finance (WFPF) bankers are registered representatives of Wells Fargo Brokerage Services, LLC, or Wells Fargo Institutional Securities, LLC, brokerage affiliates of Wells Fargo & Company and members of the NASD and SIPC. Investments: • NOT FDIC insured - May lose value • No bank guarantee The information in this e-mail is confidential and may be legally privileged. It is intended solely for the addressee. Access to this e-mail by anyone else is unauthorized. If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted based on this information is prohibited and may be unlawful. RESOLUTION NO. 2004-0_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND, OREGON, AUTHORIZING THE FINANCING OF CAPITAL COSTS ASSOCIATED WITH CONSTRUCTING A HANGAR AT THE ASHLAND MUNICIPAL AIRPORT Recitals: The City Council finds as follows: A. The City wishes to finance costs of constructing a fourteen-airplane, nest- configured T-hangar building at the Ashland Municipal Airport (the "Project"). B. The City is authorized by ORS 271.390 to enter into financing agreements in order to finance the cost of any real or personal property that the City determines is needed. C. The Project is needed to provide services for the City and its citizens. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: Section 1. Loan Agreement Authorized. The City is authorized to enter into a loan agreement in an aggregate principal amount of not more than $400,000 (the "Loan Agreement'). Loan proceeds shall be used to finance the Project and related expenses and pay costs associated with the Loan Agreement. The Finance Director, the City Administrator or the designee of the Finance Director or the City Administrator (any one or which is described as the "City Official"), on behalf of the City and without further action by the City Council, may: 1.1. accept the most desirable bank proposal to fund the Loan Agreement, negotiate the terms of the Loan Agreement, and execute the Loan Agreement in an aggregate principal amount of not more than $400,000; 1.2. execute and deliver a note reflecting the City's obligation to make the payments due under the Loan Agreement: - 1.3. provide that interest payable under the Loan Agreement will be includable in gross under the Internal Revenue Code of 1986, as amended (the "Code"); 1.4. execute and deliver any other certificates or documents and take any other actions which the City Official determines are desirable to finance the Project with the Loan Agreement in accordance with this resolution. Section 2. Security. The City Official may pledge the City's full faith and credit and taxing power within the limitations of Sections 11 and 11 b of Article XI of the Oregon Constitution, and any and all of the City's legally available funds, to make the payments 1- Resolution H:IFINANCE\RESOLUTION - AIRPORT T-HANGAR 2003-04.DOC due under the Loan Agreements. Section 4. Effective Date. This resolution takes effect upon signing by the Mayor. This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this 20th day of January, 2004. Af440 ~~J Barbara Christensen, City Recorder SIGNED and APPROVED this 20th day of January, 2004. Alan W. DeBoer, Mayor Reviewed as to form: 1 44 Paul Nolte, City Attorney 2- Resolution H:IFINANCE\RESOLUTION -AIRPORT T-HANGAR 2003-04.DOC CITY OF ASHLAND Council Communication Letter of Support for Two I-5 Improvement Projects Meeting Date: March 3, 2009 Primary Staff Contact: Michael R. Faught, 552-2411 Department: Public Works/Engineering E-Mail: faughtm@ashland.or.us Secondary Dept.:' Com. Dev. Secondary Contact: James Olson, 552-2412 Approval: Martha Berm Estimated Time: Consent Agenda Question: ' Will Council endorse a letter in support of two federally earmarked ODOT projects on Interstate 5 in Southern Oregon? Staff Recommendation: Staff recommends Council endorse a letter in support of two federally earmarked ODOT projects on Interstate 5 in Southern Oregon. Background: The Oregon Transportation Commission is requesting letters of support for two Southern Oregon statewide federal earmark projects including: 1. I-5 truck passing lanes for the steep grades approaching the Sexton, Smith and Stage summits. 2. Fern Valley Interchange Reconstruction Truck Passing Lanes The Rogue Valley is dependent upon the interstate highway system to effectively and rapidly move people and goods throughout the state. The southern section of I-5 is somewhat unique from the remainder of the state in that the terrain is more mountainous requiring longer stretches of steeper grades on Interstate 5. There are several major mountain summits where grades approach 6% for several miles. While this might have little impact on most modern automobiles, the effect on truck traffic can be drastic. The mountain passes at Sexton, Smith and Stage reach elevations of over 2000 feet and involve miles of climbing lanes. These passes can cause traffic slow-ups and even stoppages in inclement weather as trucks slowly climb the grade or pullover to "chain up" or allow traffic to pass. This project would add an additional passing lane that would allow automobile traffic to safely bypass much slower truck traffic. This project is a safety improvement rather than a beautification or preservation project. Fern Valley Interchange The improvement at the Fem Valley Interchange on I-5 has been scheduled in two phases. The first phase, completed a year ago, added signals and realigned Luman and North Phoenix roads away from the interchange ramps. New signals were added at the I-5 off ramps and Pear Tree Lane was converted to a cul-de-sac and sidewalks were added. ODOT predicts that without significant additional improvements safety, operational conditions and congestion would degrade significantly within 10 years. To counter these developing conditions, the second phase of the project is currently being planned and includes a complete reconstruction of the bridges over the interstate as well as over Bear Creek. Page] of 3 CITY OF ASHLAND Public Input As with any public improvement project there are a multitude of design issues and options which must be decided upon by the various stakeholders and the Fern Valley Interchange Project is no exception. To help identify and meet the needs and concerns of the many parties of interest, ODOT has developed a complex system of review and assessment. To assist in this process several teams have been assembled to present the concerns of all users including a Project Development Team (PDT), a Citizen Advisory Committee (CAC) and a Technical Team (TT). The Federal Highway Administration (FHWA) is the lead agency. The PDT is the decision making body of the project and consists of three ODOT staff members, two representatives from the City of Phoenix, one from Jackson County and one from the Metropolitan Planning Organization. The CAC advises the PDT and is comprised of members who represent community interests such as businesses, planning, schools, human rights, property owners, freight movers, land use, bicycles, pedestrians and neighborhoods. The TT is comprised of scientists and engineers who perform analysis and impact studies for the environmental assessment process. The development and review process has been ongoing since March of 2004 when the project was "kicked-off' and monthly CAC and PDT meetings commenced. The review process is expected to be completed by April of this year when a draft environmental assessment will be presented to FHWA. Two Alternatives During the design review process a multitude of options for the intersection were discussed. From that original list, two alternatives have been identified which seem to be most heavily supported. The two alternatives are referred to as the Fern Valley Thrn and the North Phoenix Thru options. The main difference in the two alternatives being in the orientation of the bridge across the interstate and the connection to existing highways on the east side of the freeway. The attached maps show the differences in the two options. Environmental Assessment The environmental assessment (EA) process is the mechanism that identifies and considers all possible alternatives as well as the impact of these alternatives on the various stakeholders. This process identifies the project need and purpose, presents alternatives, studies the impact of each alternative, identifies a preferred alternatives and eventually seeks FHWA approval. The draft environmental assessment is expected to be complete in late April of 2008. Once the draft EA is available there will be a 30 day public comment period during which the public will be encouraged to submit written comments. During the third week of that comment period a formal public hearing on the project will be held in Phoenix. This hearing will provide an opportunity for the public to ask questions about the project and to submit written or oral comments on the draft EA and the two design alternatives. A decision on which alternative to advance will be made after the public comment period is over, the comments have been compiled and the issues raised have been discussed. Page 2 of 3 CITY OF ASHLAND Fiscal Impact It is estimated that the Fern Valley Interchange project will cost approximately 575,000,000. ODOT currently has the majority of those funds on hand, but is requesting an additional $25,000.000 in federal earmark funds to complete the project. Related City Policies: The City and ODOT have began a similar process to the Fern Valley Interchange in the Exit 14 and 19, bundle 314 project which will reconstruct or replace the bridges at Ashland Street (Exit 14) and at Eagle Mill Road (Exit 19). Council Options: Council may approve the attached letter of support or a revised version of the letter, or Council may decline to support ODOT in this endeavor. Potential Motions: 1. Move to approve the attached letter; 2. Move to approve the letter with revisions; 3. Move to take no action regarding ODOT's request for support. Attachments: Draft letter Statement of Purpose and Need Overview of the Fern Valley Interchange Project Transportation Project Update Option Map Fern Valley Thru North Phoenix Thru Page 3 of 3 ~r, CITY OF ASHLAND March 3, 2009 Oregon Department of Transportation Transportation Commission Transportation Building, Room 135 355 Capitol Street NE Salem OR 97301-3871 Dear Transportation Commission: The City of Ashland wishes to express its support for federal funding for the following two projects located on Interstate 5 within the Southern Oregon area: • 1-5 truck passing lanes construction project. • Fern Valley Interchange project The importance of Interstate 5 as a main transportation corridor and as a vital Southern Oregon link to the remainder of the state is well understood by the citizens of Ashland. We are strongly committed to improving transportation safety and efficiency and in our state highways. We feel that the safety of our residents who often travel north on 1-5, would be enhanced by these two projects and that our local economy would benefit through the increased efficiency to the transportation network upon which our community relies. We encourage the Commission to favorably consider these two projects for federal funding as requested. Sincerely, John Stromberg Mayor, City of Ashland Engftueering 20 E. Main in S Tex: 54711488- 7 20 E. Street Fax: 541-/1881~OW Ashland. Oregon 97520 TrY: 800/735-2900 w .sshland.or.us G:1pub-w s%eng~depbadmin\ENGINEERIODOTCC Support Lh for 15 Projects Aeacht 3 3 09.dx CITY OF. ASHLAND Council Communication Recommendation from the Public Art Commission Peace Banner Meeting Date: March 3, 2009 Primary Staff Contact: Ann-Seltzer Department: Administration E-Mail: seltzera(c ashland.or.us Secondary Dept.: None Secondary Contact: None Approval: Martha Ben Estimated Time: 15 minutes '41 _LK Question: Will the Council approve the recommendation of the Public Art Commission to implement the Peace Banner Public Art Project? Staff Recommendation: Staff recommends Council approve the project. Background: On Mother's Day 2007, the first of many banners depicting Peace were hung on the fence adjacent to the Railroad Property along the Central Ashland Bike Path. This display came to be known as the Peace Fence. Ashland citizens Jean Bakewell and Kay Cutter photographed each banner as it appeared. Over time the banners were vandalized or stolen and eventually nothing remained. Images of the banners have been transferred to 6 x 6 tiles which are weather and light resistant. Peace Fence supporters are interested in displaying the tiles in a public place as public art. Artist Sue Springer of Illahe Tile Works (artist of the mosaic Rio 4misrad located at the top of the Calle Guanajuato Stair case) is creating the tiles and Darrell Boldt of Darrell Boldt Construction will assist with the installation. Kay Cutter and Jean Bakewell are coordinating the funding for the project. The proposed location for the Peace Banner is on top of the retaining wall in front of the Ashland Public Library. The tile panels will be mounted on a steel frame supported by metal posts. The posts will be cemented into holes core drilled into the top of the concrete retaining wall. The back side of the metal framework will be sheet metal to conceal the backs of the cement board panels and will be painted to blend into the landscape. The metal frame will be powder-coated for durable protection. The panels will be bolted to the frame work in such a way that will discourage theft but will enable the panels to be removed for repair. The metal frame work will be made in 8' sections with three posts each for ease of installation and once installed; the sections will create a continuous flowing work of art. The concrete retaining wall will be stained a blue, green or earth tone color that is compatible with the art project, improve the appearance of the wall and cause the wall to be less visible by blending into the landscape. Organizers hope to install the panels and complete the project by September 21, International Peace Day. In 2004, Council approved the library retaining wall as a placeholder for Public Art. The project meets the Selection Guidelines for Works of Public Art and the Guidelines for Site Selection as detailed in Page I of 2 ~r, CITY OF ASHLAND AMC 2.17.130. The proposed project qualifies as a prohibited sign under AMC 18.96.150. The code allows for government agencies to apply for a Conditional Use Permit to place a prohibited sign "to further that agency's public purpose". The Public Art Commission supports the proposal and seeks Council approval in order to move forward with the project. Upon installation the piece becomes part of the City of Ashland Public Art Collection. Parks Director Don Robertson does not foresee any issues with the Peace Banner location and library landscape maintenance and Library staff are supportive of the project. Related City Policies: AMC 2.17 AMC 18.96.150 Council Options: Approve the recommendation of the Public Art Commission. Do not approve the recommendation and provide feedback to the Public Art Commission. Potential Motions: I move to approve the recommendation of the Public Art Commission to implement Peace Banner on the retaining wall of the Ashland Public Library. I move to deny the recommendation of the Public Art Commission and Attachments: 1. Peace Tile Manufacturing and Installation 2. Peace Wall Project Timeline 3. Peace Wall rendering of Library retaining wall 4. Peace Wall examples in other cities l Page 2 of 2 Peace Tiles Project Manufacture and Installation Manufacture of the tiles and panels A digital image was made of each of the Peace Tile designs. That image is transferred to a laminate sheet that is specifically designed for this particular purpose. The laminate sheet contains ceramic glazes which are then attached to the 6" x 6" or 6" x 8" ceramic tiles and kiln fired to adhere it permanently to the the and give it a hard durable surface. The process creates a surface that is scratch and abrasion resistant and UV stable. Several different panels will make up the overall project design. Each panel will have a selection of compatible tiles. The tiles will be mounted on cement board backing. The area surrounding the tiles will be a mosaic of ceramic mosaic pieces, glass tiles and smooth flat stones. A small border the will be created to frame each panel. Each panel is an art work in itself and, when assembled with the other panels, contributes to the overall beauty and design of the complete project. Installation of the panels The the panels will be mounted on a steel frame supported by metal posts. The posts will be cemented into holes core drilled into the top of the concrete retaining wall. The back side of the metal framework will be sheet metal to conceal the backs of the cement board panels and will be painted to blend into the landscape. The metal frame work will be powder coated for durable protection and the panels will be bolted to the frame work in such a way that will discourage theft but will enable the panels to be removed for repair, if necessary. The metal frame work will be made in 8' sections with three posts each for ease of installation and when installed, the sections will create a continuous flowing work of art. The concrete retaining wall will be stained a blue or green color that is compatible with the art project, improve the appearance of the wall and cause the wall to be less visible by blending into the landscape. The concrete retaining wall that will be used is the southernmost wall to the left of the steps to the'library in front of the new library building. The retaining wall is 42" high. The art panels and framework will be 26" high with some of the panels being above the wall and other dipping down to below the top of the wall. The objective is to have the art panels at level for a person standing on the Page i of 2 sidewalk. At this height the panels will be still be quite visible to shorter persons such as children or to those in a wheelchair. Expansion The nature of the manufacturing and installation process for the tiles and the panels enables us to expand the project in the future by creating and installing them on the concrete retaining wall which will put them at the eye level of children and enable them to touch the the for a more tactile experience. It is also possible that additional panels can be created and installed on the other retaining walls in front of the library if there is a desire to do so. Retirement of the Peace Tile Project These panels are extremely durable and vandal resistant. however, in the event of damage which cannot be repaired on site, the panels are designed to be removed for repairs if need be. It would be relatively simple to remove the panels at some far future date that the City may decide to retire the artwork. The metal posts can be cut off at the wall line and the hole cemented in. Page 2 of 2 Peace Tile Project Time Line February 20, 2009 Public Arts Commission presentation March 3, 2009 City Council approval Conditional Use Permit application through Planning Dept. May 10, 2009 Kick-off ceremony (Mothers Day) i May 11, 2009 Fund raising Commence construction and installation of art project September 21, 2009 Dedication of Art Project (International Day of Peace) y I= •il VVV ' ! U O • bq b Q U 5, . 'Cuarw,i7, ` oj O Vi Con a, • 3 cd c au3~er t y N Q ` 1 to p O ti U Cl U l0 Y/ O U J. t• •n K H.{., 1. t. - r l~ 4 ~,r., lam' ,,rte - ;,4f f n z+ ~'Y ~ ~h-- ~ i:~- ~ - ~ ? ~ c _ :vj ~ w ,P i d ~ Y.: ~ ~ a 4~ , ~ ~ iii a . _ e J y S g !t 1~ it i' ~ - + ~ k ~ f 5 r,~ •.t ~ ~ x i µ _t, r-~~ IF f j r a v~ WORLD PEACE WALLS OTHER CITIES - AROUNDTHE ICI WORLD... _ -ca 7L -OAKLAND, CA ray ~ -ATLANTA, GA t~ 0 L O MOSCOW, f ~ Yy RUSSIA -LOU DONVILLE, NEW YORK -HIROSHIMA, JAPAN PEACE WALL IN JACK LONDON SQUARE -NASHVILLE, OAKLAND, CA TENN. -MYRTLE BEACH, - S. CAROLINA -WALNUT CREEK, AA CA. 4+~ -JOHANNESBURG, 1 S. AFRICA {u,~ FOR MORE W` . ,,IS1 INFORMATION PLEASE GO TO: WWW.WWFP.ORG 1 A PEACE WALL IN AL-KHADER, PALESTINE NEAR BETHLEHAM - JULY 2001 CITY OF ASHLAND Council Communication Transportation Project Selection for Federal Economic Stimulus Funds Meeting Date: March 3, 2009 Primary Staff Contact: Michael R. Faught 552-2411 Department: Public Works Engineering E-Mail: fau htm (R ,ashland.or.us Secondary Dept.: Finance Secondary Contact: Jim Olson 552-2412 Approval: Martha Bennet Estimated Time: Consent Question: Will the City Council consider selecting street overlay projects as a top priority for the anticipated transportation-related federal economic stimulus package funds? Staff Recommendation: Staff recommends that the Council select street overlay projects as a top priority for the anticipated transportation-related federal economic stimulus package funds. Background: At the January 20, 2009 Council meeting, staff provided a list of "ready to construct" projects valued at $20,464,000 that had been submitted to various state agencies in anticipation of the federal economic stimulus package being approved. The good news is that the American Investment Act has been signed into law and state and local agencies are quickly finalizing their project lists in order to deliver the projects within the allotted time frames. To that end, the RVMPO Technical Advisory Committee met February 19, 2009 to develop fund. allocation recommendations for the federal transportation element of the stimulus package. The technical group ultimately recommended distribution of the funds by splitting the $2,756,752 allocated to the RVMPO area in half and allocating 50% of the remaining funds equally to each city and then allocating the other half based on population. Based on this distribution strategy, Ashland will receive about $458,000 for transportation projects. On February 24, 2009 the RVMPO Policy Committee approved the Technical Advisory Committee's fund distribution recommendation and is now requesting that each community submit a final transportation project list based on the funding allocation. The original transportation projects submitted by City of Ashland are as follows: Hersey Street (Oak-Ann) sidewalk reconstruction $ 200,000 Laurel Street (Hersey-Randy) sidewalk reconstruction 278,000 5 street overlay projects 700,000 B Street (Oak-5` ) street reconstruction 800,000 Granite Street (Strawberry-Pioneer) street reconstruction 900,000 Total $ 2,878,000 Page I of 3 CITY OF ASHLAND The Local Government Section of ODOT is recommending that Cities and Counties expend economic stimulus funds on overlay projects in order to ensure delivery of projects within the mandated timeframes. The timeframe for Cities and Counties is to obligate all projects within I year. In order to meet that deadline and considering federalizing projects is complicated and could take longer that one year to obligate, staff agrees that Ashland should expend the federal economic stimulus funds on overlay projects. The specific overlay projects in priority order submitted for federal economic stimulus funding are as follows: a. North Laurel Street -North Main Street to Railroad tracks $132,900 b. Iowa Street - Wightman Street to South Mountain Avenue 180,600 c. West Nevada Street - Vansant Street to Michelle Avenue 146,600 Total $460,100 The remaining two street sections can be submitted as options in the event that the cost for the projects listed above come below the estimated costs. d. Nutley Street - Scenic Drive to Granite Street $ 56,000 e. Helman Street - North Main Street to Ohio Street 184,600 Total Option Projects $240,600 These particular overlay projects were selected based on Public Work's Pavement Management Program and on the fact that there were no utility (water, sewer, stormwater) conflicts or potential projects that might cause the newly overlaid street to be cut in the near future. Staff is therefore recommending that the council approve staff s recommendation to submit a final transportation federal economic stimulus projects list to the RVMPO Policy Committee based on the overlay projects listed above. Related City Policies: N/A Council Options: Council options include: 1) The City Council could decide to approve staff s recommendation to submit a final transportation federal economic stimulus project list to the RVMPO Policy Committee based on the overlay projects. 2) The Council could recommend modifications to staff's recommendation. 3) The Council could decide to take no action. Page 2 of 3 raw CITY OF ASHLAND Potential Motions: Council's options following the logic above are as follows: 1) Move to approve staff's recommendation to submit a final transportation federal economic stimulus project list to the RVMPO Policy Committee based on the overlay projects. 2) Move to modify staff's recommendations. Attachments: 1) RVMPO Policy Committee Agenda February 24, 2009 l Page 3 of 3 ~r, AGENDA Rogue Valley Metropolitan Planning Organization Policy Committee Date: Tuesday, February 24, 2009 Time: 2:00 p.m. Location: Jefferson Conference Room, RVCOG 155 N. I" Street, Central Point Phone: Sue Casavan, RVCOG, 423-1360 1. Call to Order/Introductions/Review Agenda .........................................Mike Quilty, Chair 2. Review/Approve Minutes (Attachment 1) ............................................................Mike Quilty 3. Public Comment (Items not on the Agenda) .........................................................Mike Quilty Action Items: 4. Election of Chair and Vice Chair Vicki Guarino Background: Policy Committee bylaws call for the committee's election of a chair and vice chair during the first meeting in February. Newly elected officers will serve for one year beginning at the close of today's meeting. Requested Action: Nominate and elect chair and vice chair 5. Public Advisory Council Appointments ..................................................Vicki Guarino Background: The Public Advisory Council is recommending that the Policy Committee re-appoint members listed in the attachment. Members applications are also included in the attachment. Attachment: 2 - Memo with attached applications Requested Action: Appoint members to Public Advisory Council Discussion Items: 6. Regional Transportation Plan (RTP) Air Quality Conformity Determination (AQCD) Workshop Vicki Guarino Background : The RVMPO has begun the public comment period on these documents. The workshop is to review them with members in preparation for a public hearing March 24. Attachment: Handouts at meeting Action Requested: None 7. Stimulus Package Update Vicki Guarino Background: The federal economic stimulus package includes $2,756,752 for RVMPO member cities and $186,880 for Eagle Point. RVMPO needs to approve projects and amend plan and program accordingly Attachment: 3 - Memo 8. RVMPO Planning Update Vicki Guarino 9. Public Comment .....................................................................................................Mike Quilty 10. Other Business / Local Reports ...........................................................................Mike Quilty 11. Adjournment ...................:.....................................................................................Mike Quilty • Next regularly scheduled Policy Committee meeting: Tuesday, March 24, 2009 at 2:00 p.m. in the Jefferson Conference Room,.RVCOG, Central Point. • The next MPO TAC meeting is scheduled for Wednesday, March 11, 2009 at 1:30 p.m. in the Jefferson Conference Room, RVCOG, Central Point. • The next MPO PAC meeting is scheduled for Tuesday, March 17, 2009 at 5:30 p.m. in the Jefferson Conference Room, RVCOG, Central Point. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CONTACT SUE CASAVAN, 541423-1360. REASONABLE ADVANCE NOTICE OF THE NEED FOR ACCOMMODATION PRIOR TO THE MEETING (48 HOURS ADVANCE NOTICE IS PREFERABLE) WILL ENABLE US TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING. Attachment t (Agenda Item 2) SUMMARY MINUTES , ROGUE VALLEY MPO POLICY COMMITTEE. NOVEMBER 25, 2008 Now The following attended: NAME REPRESENTING PHONE MPO Policy Committee Al Densmore City of Medford 770-5115 Art Anderson ODOT 774-6353 Carlos DeBritto City of Phoenix 840-1646 Mike Kuntz for C.W. Smith Jackson County 774-6119 Don Steyskal City of Talen 31566 Julie Brown RVTD 60 -'~Z '.3 John Morrison City of and 261-2 Mike Quilty City of Cenh t- oin 664-7907 Pat Jacobson City of Eagle Poihf 618-7474 Absent Jim Lewis C' of ack onville 899-7023 Staff Vicki Guarino RVC 423-1338 Dan Moore RVCO 423-1361 Eric Heesacker RVCOG 423-1364 Sue Casavan RVCOG 423-1360 Others Pre e' ~t Alex e rgevitch, Mik ontero, hide oberts, John Becker, Erin Fair, Holly East 1. Call to Order n~t,,r~~o ctions ....................................................................Mike Quilty, Chair Mike Quilty calhe meeting to order at 2:05 p.m. Committee began with introductions. Mike 6. presented, on behalf of the Policy Committee, a plaque to John Morrison thanking him for his service to the Rogue Valley and the RVMPO Policy Committee. A plaque of recognition for Jim Lewis was referred to in his absence. 2. Review/Approve Minutes ....................................................................................Mike Quilty Mike Q. asked if there were any corrections or additions to the October meeting minutes. On a motion by Carlos D. and seconded by John M. the minutes were unanimously, approved as presented. ROGUE VALLEY COUNCIL OF GOVERNMENTS j METROPOLITAN PLANNING ORGANIZATION - POLICY COMMITTEE Attachment 1 (Agenda Item 2) 3. Public Comment ..................................................................................................Mike Quilty None received. 4. Oregon Metropolitan Planning Organization Consortium (OMPOC) Oregon Legislation Priorities .............................................................Vicki Guarino Vicki G. presented OMPOC's proposal of draft transportation priorities for the 2009 Legislature and said that they were seeking support and comment on the draft from policy boards of all six Oregon MPOs. OMPOC will review MPO feedback and develop a single set of Oregon MPO priorities. Al D. said he had heard Senator Courtne speak on how to bridge the rural and urban divide among the state and that it might be a t, e tore-examine rules and responsibilities for state and local governments. He wondered at that meant and how it related to transportation. Mike Q. said he could bring that u in e anuary OMPOC meeting. Committee discussed the following: Policv 1. Do No Harm: Support 2. Funding Distribution: Al D. and John M. suggested the ,,,policy start wit, e POs support the current 50-30-20 and any changes in'bed to con_ ider the followin Support 3. Promote Maintenance, Preservation, and Safe o x'stm sets: Support 4. Expand Local Options: Support 5. N/A 6. Establish More Sustainable Fund i ~p.ort 7. Jurisdictional Transfers: Committetth'e -year cost tton was not sufficient and permanent funding should be av able a mainyenance. Support 8. Invest in Transportation: Support 9. Invest in Transit: h na g wording to "e lish with ` all six MPOs a transit district" Al D. suggested aking a ording clea that it is a ditional revenue and funding and would not c t of 0th ansportation eeds. Support a) New Co'itment o Transit b) Flexible Fu " c I er , and Di li d Transits , to recognize as a social service and separate from h ` spo budget, find a stable funding source where services are provided f r Bryon e ergwhere. d Transit Oriennte,~d Devel pment (TOD) tatewide Ridoshare rogram 10. Invest' ails: Sup 11. Promote Speed ail: Support 12. Preserve Sh ° Railroads: Support 13. Connect Oregon tI: Support On a motion by John M. and seconded by Carlos D. the committee unanimously supported the OMPOC transportation priorities for the 2009 Legislature with the above amendments. ROGUE VALLEY COUNCIL OF GOVERNMENTS - 2 METROPOLITAN PLANNING ORGANIZATION - POLICY COMMITTEE Attachment 1 (Agenda Item 2) 5. Congestion Mitigation & Air Quality (CMAQ) Matching Fund Requirements for Public- Private Partnerships .............................................................................Dan Moore Dan M. said the RVMPO is soliciting Congestion Mitigation Air Quality (CMAQ) projects for years 2012 and 2013 to include in the 2010-2013 Transportation Improvement Program (TIP). Staff is seeking direction from the Policy Committee on the matching fund requirement for PPP projects (e.g., diesel retrofits and other innovative diesel emission reduction projects). He explained that the PAC and the TAC discussed the CMAQ matching fund requirement for PPP projects during their November meetings. Both committees agreed that that having too high of a match may discourage private sector and non-profit entities from ing for CMAQ funds. Committee members agreed that diesel retrofit projects provide the best emission benefits and that the MPO should do whatever it can to promote these types of r 'ects. One way to encourage businesses to apply for CMAQ funds it to set the match requirement at the lowest level possible. He added that the TAC recommended that the Poli/eypubdic-private mitlee consider St bushing a minimum 20% match requirement for CMAQ-funpartner ip~projects with the provision that the applicant could ask for a low h based on certain cirmstances such as non-profit status, new technology, financial harrds2r , etc. tPLAC recommen ed that the Policy Committee consider establishing a 10.27% minim m. atch f6r PPP projects with allowance for installation costs to be counted towards the match requirement. He said in summary, staff recommended~tfiat.the Policy Comnm'{tt a consider setting the CMAQ Public-Private Partnership (PPP) matchin requirement forrdaiR etroft projects at 10.27% with allowance for installation costs to be c6unte o a the matc r quirement. And, consider establishing a minimum 20% match requirer t for o ib; r ofit CMAQ PPP projects with the provision that the appli nt ould ask for a~ow,er matc aced on certain circumstances such as non-profit status, new noJo , financial h dship, etc. Mike Q. read results afa Rogue Dis osal surveyor diesel retrofits. Rogue Disposal said the real benefit was reduction of a ssion w of they would ave to rethink the process if the match was raised. On a mo on y Awt A. and seconded by Al D. the committee unanimously approved the C Public-Prix to arm rI PPP) matching fund requirement for diesel retrofit pro' ct a 10.27% with allolvance for installation costs to be counted toward the match requirement . Establish a mimu 0% match requirement for non-diesel retrofit CMAQ PPP projec h the provision that the applicant could ask for a lower match based on certain circums antes such non-profit status, new technology, financial hardship, etc. 6. Alternative Meapres Consistency Analysis and Forecast .........................Eric Heesacker Eric H. said staff had completed an analysis of benchmarks related to the Alternative Measures adopted in 2002 to meet requirements of the state's Transportation Planning Rule. Analysis shows the region generally is meeting the requirements of the measures. He noted that feedback from the TAC and PAC had been incorporated into the analysis. Al D. asked on Measure 7 what the money related to and Vicki G. said it was a measure to provide funds for enhanced transit service and related to a certain route structure and some transit facilities. She added that 50% of the projected MPO STP funds for a 20 year period were factored in. ROGUE VALLEY COUNCIL OF GOVERNMENTS 3 METROPOLITAN PLANNING ORGANIZATION - POLICY COMMITTEE Attachment 1 (Agenda Item 2) On a mption by Al D. and seconded by Carlos D. the committee unanimously accepted the Alternative Measures Consistency Analysis and Forecast report. 7. RVMPO Planning Update ...............................................................................Vicki Guarino Vicki G. said there was a Regional Transportation Plan (RTP) Open House from 5-7 p.m. on December 16th at the Medford Library. She distributed the RTP draft goals chapter for review by the committee. She discussed the 2010 Unified Planning Work Program (UPWP) and said staff was soliciting ideas for projects and provided details on projects c ently considered. She gave an update on the Transportation Enhancement (TE) program. S s ussed the AMPO key recommendations to Congressional leadership to ensure that any ' structure investment was both effective and efficient at meeting the immediate needs of th i n. Vicki G. said the next meeting would be December 23`d and >~t mem responded that they would not be available and decided to cancel the Decemb~m`ating. Mike Q. informed the committee that John M. had bethe second member o PO for OMPOC and asked if anyone was interested in replacing him.1 .offered hiss _,_ies for replacement.' John M. nominated Al D. to fill the vacancy on the OMPO committee, seconded by Carlos D. Committee unanimously acre ed Al D. as repl"ace ent member for OMPOC. 8. Public Comment ................................................V . ............Mike Quilty John Becker said o ,th back of the Op Buse bro'hure it mentioned three committees but only two were listed 'ke Montero aid he thougg%t it was a good decision on the CMAQ funding: 9. Other Busine ocal p rts...... ........................................Mike Quilty d . thanke the m unit a or the opportunity to go to the AMPO meeting in Seattle. 10. Adjo .n ent .........................................................................Mike Quilty The m eti was adjou • ed at 3:50 p.m. ROGUE VALLEY COUNCIL OF GOVERNMENTS Q METROPOLITAN PLANNING ORGANIZATION - POLICY COMMITTEE Attachment 2 (Agenda Item 5) Rogue valley Metropolitan planning Organization tttttttttttttttt~ ~ - ' Regional Transportation Planning - R Ashland • Central Point • Eagle Pam • Jacksonville • Medford • Phoenix -Talent • While City l~ _ Jackson County • Rogue Va%yTransportation District • Oregon Departaent of Transportation DATE: Feb. 19, 2009 TO: Policy Committee FROM: Vicki Guarino SUBJECT: Public Advisory Council Member Appointments i Terms for several PAC members have or will soon expire. Members in this category are: • Mark Earnest, for Jacksonville • Mike Montero, Kay Harrison, for Central Point • Glen Anderson for East Medford • Dave Lewin for Phoenix. Long-time PAC member Porter Lombard representing East Medford has decided not to seek another term. PAC members are appointed by the Policy Committee to serve two-year terms. Positions have been advertised, but no other volunteers have come forward. If the Policy Committee re-appoints these members, there would still be several vacancies on the PAC to offer newcomers. The PAC is recommending that the listed members be re-appointed to two-year terms representing their respective communities. Applications from the candidates are attached. RVMPO is staffed by Rogue Valley Council of Governments • 155 N. First St. • P 0 Box 3275 • Central Point OR 97502.664-6674 Attachment 2 endaltem F) Office Use Only Committee: Date Received: Appointed: Yes No Appointment Date: Term Ended Date: ROGUE VALLEY METROPOLITAN PLANNING ORGANIZATION Public Advisory Council Membership Application Return Application to: Rogue Valley Metropolitan Planning Organization Rogue Valley Council of Governments P.0 Box 3275 Central Point, OR 97502 541-664-6676 ext241 www.mnpo.org Email return to: v arino ,rvcog.org PL ASE PRINT Personal Information: Please circle o e r.).Mrs. / Ms.) Name: - r 2- 'L E 1~50~ 1 Home address (include Zip code):~3(,) aZ g Old err6/ la"I R..ed6'rd OR ~ 7s o y Telephone: (home),S V1 ~7 70 ` tLs~'7"~ (latsiness)Jlf/ '7 ? 8 S Email. til. 6-5 ~V' e '13eZ'r -h?l''" About PAC membership... The Rogue Valley Metropolitan Planning Organization Public Advisory Council (PAC) makes recommendations on transportation planning issues to the RVMPO's Policy Committee. PAC membership is apportioned by geographic area and specific special interests. ■ To represent one of the geographic areas listed here and illustrated on the attached RVMPO map, you must live, own property or operate a business within that area. You do not have to live within city limits. (Please refer to the RVMPO map, or call 664-6676 ext. 241, for clarification.) ■ Special-interest positions represent the freight industry, mass transit, low-income families and minorities. Low-income and minority representatives do not have to be low income, or a racial minority, but would be an advocate for the concerns of those communities. Special-interest representatives may live, own property or operate a business anywhere within the RVMPO.On the next page, indicate the area, or special interest that you would represent. Select only one from the following list. Attachment 2 (Agenda Item 5) 1. The Public Advisory Council has the following positions. Indicate the one you are interested in filling. Geographic area: Ashland /Central Point Eagle Point Jacksonville East Medford V West Medford Phoenix Talent I Whitc City Special Interest Area: Freight industry Mass transit Low income families Minority community 2. What experience, interest, knowledge or qualifications would you bring to the Public Advisory Council? i ~50 die, ✓/l r~7s /ncF v G~ / f.' -Gt s e. i.5 eles Z4)A;rd~ )AIMKt.sf ;1-7 77rn,~fT~ Vl c~ ha 0-74 3. Why do you want to become a member of the Public Advisory Council? n, /'l',la,47-'y re~irri //s 7~~ ~~'r✓ (~rs; f~>, sr;~~.~ ss~/r?s, g~d~ ~~~1~~ Df J~%. 77GLs+si Garvi' Cll1~d'GrEl71/~ Y!/nom t~ Oh - h/GyC/es /~C'~ZrYGy~t,5 6N/rr'~(JZ'.sLrao/s>,s~a,!o~l sHih%vrl,, (?c~wrr~c~dy-s 7v~- e f' I G- 7W LFSI / .SG[G j l C: S ra Signature Date, / 7> dQ~19 Thank You! Revised 711/06vg Attachment 2 (Agenda Item 5) Office Use Only Committee: Date Received: Appointed: Yes No Appointment Date: Term Ended Date: ROGUE VALLEY METROPOLITAN PLANNING ORGANIZATION Public Advisory Council Membership Application Return Application to: Rogue Valley Metropolitan Planning Organization Rogue Valley Council of Governments P.O Box 3275 Central Point, OR 97502 541-664-6676 ext241 www.rvmpo.org Email return to: vguarinoQrvcoe.ore PLEASE PRINT Personal Information: Please circle one. (Mr. / A4rs /-A4s-.)- Name: _P A VIZ / EG l / Al Home address (include Zip code): l 6 1 J~i¢C/F/C LAAIF PNOFAiY, oR- 97S;S-6628 Telephone: (home) (54 512-04-36 (business) Email DzLew/ o C5. About PAC membership... The Rogue Valley Metropolitan Planning Organization Public Advisory Council (PAC) makes recommendations on transportation planning issues to the RVMPO's Policy Committee. PAC membership is apportioned by geographic area and specific special interests. • To represent one of the geographic areas listed here and illustrated on the attached RVMPO map, you must live, own property or operate a business within that area. You do not have to live within city limits. (Please refer to the RVMPO map, or call 664-6676 ext. 241, for clarification.) • Special-interest positions represent the freight industry, mass transit, low-income families and minorities. Low-income and minority representatives do not have to be low income, or a racial minority, but would be an advocate for the concerns of those communities. Special-interest representatives may live, own property or operate a business anywhere within the RVMPO. On the next page, indicate the area, or special interest that you would represent. Select only one from the following list. Attachment 2 (Agenda Item 5) 1. The Public Advisory Council has the following positions. Indicate the one you are interested in filling. i Geographic area: I Ashland Central Point Eagle Point Jacksonville I East Medford West Medford Phoenix Talent White City Special Interest Area: Freight industry Mass transit Low incomeTamilies Minority community I 2. What experience, interest, knowledge or qualifications would you bring to the Public Advisory Council? / q5L f ~Q1•[~h2~t.. a O Pln /~7A C / f7f10Pn1X 1a141e'17 b v g2'=r1/o lle✓'Tn&O CA'14 o&¢ CAC. a 3. ~jWhy do you want to become a member of the Public Advisory Council? /Llivt4 .hr2S•eti -2✓iPn~o ~1 C-2YlP/'/ D/" UgA?y Signature Date-/ -D o0 9 Thank You! Revised 711/06vg Attachment 2 (Agenda Item 5) Office Use Only Committee: Date Received: Appointed: Yes No Appointment Date: Term Ended Date: ROGUE VALLEY METROPOLITAN PLANNING ORGANIZATION Public Advisory Council' Membership Application Return Application to: Rogue Valley Metropolitan Planning Organization Rogue Valley Council of Governments P.0 Box 3275 Central Point, OR 97502 541-664-6676 ext 241 www.rvmpo.org Email return to: veuarino(@rvcog.ore PLEASE PRINT Personal Infor ation: Please circle one. (Mr. Mrs. / s.) Name: nil S4 Home address (include Zip code): 44 / Telephone: (home) 1111e!4__ (business) 42/-~1~&1' Email kN a P~,(~ I% ~s vl About PAC memhership...The Rogue Valley Metropolitan Planning Organization Public Advisory Council (PAC) makes recommendations on transportation planning issues to the RVMPO's Policy Committee. PAC membership is apportioned by geographic area and specific special interests. • To represent one of the geographic areas listed here and illustrated on the attached RVMPO map, you must live, own property or operate a business within that area. You do not have to live within city limits. (Please refer to the RVMPO map, or call 664-6676 ext. 241, for clarification.) • Special-interest positions represent the freight industry, mass transit, low-income families and minorities. Low-income and minority representatives do not have to be low income, or a racial minority, but would be an advocate for the concerns of those communities. Special-interest representatives may live, own property or operate a business anywhere within the RVMPO. On the next page, indicate the area, or special interest that you would represent. Select only one from the following list. Attachment 2 (Agenda Item 5) 1. The Public Advisory Council has the following positions. Indicate the one you are interested in filling. Geographic area: Ashland Central Point Eagle Point Jacksonville i East Medford West Medford Phoenix Talent White City Special Interest Area: Freight industry Mass transit Low income families Minority community 2. What experience, interest, knowledge or qualifications would you bring to the Public Advisory Council? / G7/yrtitG' D /ZZ~LK~/P Gh J~ d~ ~I 3. Why do you want to become a member of the Public Advisory Council? Signature 7~>i( Date a~/' p g Thank You! Revised 7/1/06vg Attachment 2 A entla Item 5 Office Use Only Committee: Date Received: Appointed: Yes No Appointment Date: Term Ended Date: ROGUE VALLEY METROPOLITAN PLANNING ORGANIZATION Public Advisory Council Membership Application Return Application to: Rogue Valley Metropolitan Planning Organization Rogue Valley Council of Governments P.O Box 3275 Central Point, OR 97502 541-664-6676 ext241 www.rvmpo.org Email return to: v! uarino(a)rvcoe.ore PLEASE PRINT Personal Information: Please circle on (Mr. / Mrs. / Ms.) Name: r a y K E q T YN Home address (include Zip code): l 1 Q (A) , F ST ~aeccso..lt ll~ o~ -T 7 S 3 Telephone: (home) S`/ cl -SO ~-b (business) -441( a 4~ S - S ( q Email MOLT , ea.rhesT 3oe5dCo Kta. DdZ . L, S About PAC membership... The Rogue Valley Metropolitan Planning Organization Public Advisory Council (PAC) makes recommendations on transportation planning issues to the RVMPO's Policy Committee. PAC membership is apportioned by geographic area and specific special interests. • To represent one of the geographic areas listed here and illustrated on the attached RVMPO map, you must live, own property or operate a business within that area. You do not have to live within city limits. (Please refer to the RVMPO map, or call 6646676 ext. 241, for clarification.) • Special-interest positions represent the freight industry, mass transit, low-income families and minorities. Low-income and minority representatives do not have to be low income, or a racial minority, but would be an advocate for the concerns of those communities. Special-interest representatives may live, own property or operate a business anywhere within the RVMPO. On the next page, indicate the area, or special interest that you would represent. Select only one from the following list. Attachment 2 (Agenda Item 5) 1. The Public Advisory Council has the following positions. Indicate the one you are interested in filling. . Geographic area: Ashland Central Point Eagle Point Jacksonville East Medford West Medford Phoenix Talent White City Special Interest Area: Freight industry Mass transit Low income families Minority community 2. What experience, interest, knowledge or qualifications would you bring to the Public Advisory Council? R A G 1N e, VV\ .e r$~j~. P Sro r 2- GeV' W-, 5 Go urn M-ax -ey-u- K Soh Ty'GIV,C1S :~O Y ae o 6Y~ 3. Why do yy~ounn want to become a member of the Public Advisory Council? P to C42n~ a-& Mtb PAC Signature _go, Date . r Thank You! Revised 711/06vg Attachment 2 (Agenda Item 5 F ffice Use Only d: Yes No Date: Date: ROGUE VALLEY METROPOLITAN PLANNING ORGANIZATION Public Advisory Council Membership Application Return Application to: Rogue Valley Metropolitan Planning Organization Rogue Valley Council of Governments P.O Box 3275 Central Point, OR 97502 541-664-6676 ext 241 www.rvmpo.org Email return to: veuarino(@rvcog.org PLEASE PRINT Personal Information: Please circle on Mr) Mrs. / Ms.) Name M / KE i "Jrm'-L- Home address (include Zip code): M[spLort-9 ~ D2 97So~ Telephone: (home) S-5// -77$ S 5' SI / (business) S Y / - 77 9 -0 7 7 / Email Mo^4-LcR.o - Assn 0- f-r7M ~2 5 . CD M-t About PAC membership... The Rogue Valley Metropolitan Planning Organization Public Advisory Council (PAC) makes recommendations on transportation planning issues to the RVMPO's Policy Committee. PAC membership is apportioned by geographic area and specific special interests. • To represent one of the geographic areas listed here and illustrated on the attached RVMPO map, you must live, own property or operate a business within that area. You do not have to live within city limits. (Please refer to the RVMPO map, or call 664-6676 ext. 241, for clarification.) • Special-interest positions represent the freight industry, mass transit, low-income families and minorities. Low-income and minority representatives do not have to be low income, or a racial minority, but would be an advocate for the concerns of those communities. Special-interest representatives may live, own property or operate a business anywhere within the RVMPO. On the next page, indicate the area, or special interest that you would represent. Select only one from the following list. Attachment 2 (Agenda Item 5) 1. The Public Advisory Council has the following positions. Indicate the one you are interested in filling. Geographic area: i Ashland Central Point Eagle Point Jacksonville East Medford West Medford Phoenix Talent _ White City Special Interest Area: Freight industry Mass transit Low income families Minority community 2. What experience, interest, knowledge or qualifications would you bring to the Public Advisory Council? I i 3. Why do you want to become a member of the Public Advisory Council? Signature Date Thank You! Revised 7/1/06vg Attachment 3 (Agenda Item 7) Rogue Valley ' Metropolitan P/arming Organization - ' Regional Transportation Planning - A Ashland • Central Point • Eagle Point- Jacks"Ife • Medford • Phoenix -Talent • Whife City Jackson County - Rogue Valley Transporta6'on District - Oregon Department of Transportation DATE: Feb. 19, 2009 TO: RVMPO Committees,.public FROM: Vicki Guarino SUBJECT: Federal Economic Recovery Stimulus, local and state projects Summary The federal economic stimulus, The American Recovery Investment Act, has led to the allocation of the following transportation funds in our region: RVMPO Area $2,756,752 County ::::::::f$1,172,795 Eagle Pt (suballocation) $186,880 Cities within the Medford urbanized area are to share the RVMPO Area allocation. Jackson County and Eagle Point projects within the RVMPO area will have to be approved by the Policy Committee. The committee will have to amend the Metropolitan Transportation Improvement Program (MTIP) and the Regional Transportation Plan, RTP, to include the new funding and new projects. Both the TAC and PAC have discussed the issue, reviewed the project list and will have recommendations. Questions to be Decided As the RVMPO staff and TAC began planning for these funds, we had information that the money would have to be used quickly, within 90 to 120 days, or it would be returned to the state. Projects proposed generally are pavement overlays because they are easiest to implement. However, as the bill was drafted and plans developed, ODOT has agreed to take Oregon's share of transportation stimulus funds that have to be spent quickly (120 days), leaving jurisdictions up to a year to obligate funds. This could allow time for planning other projects that may be more beneficial to the region. The Policy Committee could proceed to move ahead now and select projects from the attached list, or take more time and seek other projects. Recommendations from the PAC and TAC on this matter will be presented. Despite short deadlines, no waivers of federal requirements/processes have been granted. This means the MTIP and RTP will have to be amended to reflect this new money, and air quality conformity rules will apply. So far, all applications received are for exempt projects, meaning streamlined conformity process will be used. Generally, any project that doesn't expand network capacity is exempt. Memo: Federal Economic Stimulus, Local and State Projects, Feb. 4, 2009 1 Attachment 3 (Agenda Item 7) Stimulus funds are being distributed under the Surface Transportation Program formula, but because this is not STP money, the state Alternative Measure that requires the RVMPO to dedicate half the allocation to RVTD does not apply. There are likely to be requirements to report new employment associated with funded projects. Because we were anticipating short deadlines the MPO began a public comment period on Jan. 27. ODOT Projects within RVMPO Area ODOT has engaged in a selection process for needed projects that can meet the anticipated contracting deadline, focusing primarily on projects that would be ready for construction this summer. There was some effort to include different kinds of projects to create jobs for a range of workers. ODOT did not gather public input on this particular project list, however these projects have been reviewed at past Rogue Valley Area Commission on Transportation (RVACT) meetings The RVMPO TIP will have to be amended to add these projects. A TAC recommendation to the Policy Committee is needed. Table 1: ODOT Federal Economic Stimulus Projects-RVMPO Region Proposed Project Project Total Estimated Project Description Cost I-5 Ashland Paving NP 11 - 18 NB, 18 - 14 SB Grind / Inlay $2,537,000 OR 140: White City to MP 8 Paving (Lake of the Grind / Inlay $3,477,000 Woods Hwy) OR 62 & OR 140 Paving Grind / Inlay $5,169,000 Crater Lake Hwy) MP.89 to MP 7.36 Bear Creek Culvert Replacement OR 273 (Siskiyou Culvert $499,000 Hwy) MP 9.9 Replacement Total Funding $11,682,000 Local Projects Draft List Local street projects as of Feb. 19 are shown on Table 2 below. Memo: Federal Economic Stimulus, Local and State Projects, Feb. 4, 2009 2 Attachment 3 (Agenda Item 7) Table 2: Draft Local Projects List v 'MR, K '000 Jmisrkction,34y1 AE',` " Project Name '~0.sN Chas (1;). (1' (1,080) ~ Rood SPE f~R4V 'S.CONST 4?27782 . a§6Gh dv'..Nkm 1;4 Ashland Oak-Am: sdrwalkrecormbucbm 2D 180 Ashland laurel St : sidawalk reconstruction 58 220 street wed eds 20 680 Ashland Bbl a eCWSVUCWn 35 765 Ashland Granite St : teconstrurbm 35 855 Asland Sub-total tral Pomt Freeman Rd (HovWm Rd-Oak St): a 275 1 5 1,875 Central Pouf JHwV 99 BeaO l.nStenic Ave' vin 255 2,336 591 2 trot Pond' Pre rWs W 10 3 Cenhal Point 10th St Grest Dr-Hazel SR) pwn_q : 30 219 249 4 Central Point Sub-Total 5,893 fi"#tbHS^L'4' Pk-. p ' tFtkti w rp ~a ~4`u!'l~xS'?~+=~fl.~S'i, i3ii.. Pdnl !gym S Ave: 30 0 1 2 262 294 33 425 458 JadlsarmAe Bybee Drive: gradnWpawntgragalighbrn Jadnonvi0e C Street: adin 21 222 243 Jacloonvi1;e& le Su -Dial 701 ford Ftillcrest Rd (Urar* E McAndrews struct 50 2,649 Z699 1 Medbd Stewart Ave aced 30 1,050 1,080 2 and ate- Rd I ratereds: MMM! 697- na 1,593 1,658 3 Medford Hd street edensian. 7 - tin 1690 1,690 4 Medkxd 4th SUCentral Ave traft I - naLs 30 470 50D 5 Diddle Jackson t- e s 34 6 Medford Wnqb rook Rd rea 180 2098 2270 7 Loaar Lane erimsrm: qrJdJq~MKVV1KPM1q g!7-- - 9M Medford Jackson St Coluniars-Riverside : h fi 250 A,650 4.900 9 Medkxd DameO Bear ranty cvpwstill 2110 2,580 2,780 18 u1, ota 1 a vim ..cli k'>i`~"YAkat',.,, Phoenu West 1st Street payffxVsKlewalkabirelanes 621 621 Phoenu North Churdr Street paym sidewalkslstonn dra 6D8 608 Pace tiveet: sidewal storm dm 339 339 street Pace Street 26 10 14 1 Phoenix Sub-Tote! t 751 Talead Tamed Ave signs and sxIna H 34 10 171 215 ak t W. Valle View PavWWJ 40 10 319 369 Talent Sub-Total 584 . a.'i4". ackson Peres : "ke/ n path constmchan 100 700 Co --u pine St Bear Cdr Br' ord a limb : 7 std 868 900 1 Jackmn rC nal: wI W2.291 1500 1 Jackson Go Hale Way Avemce A-Falmn St 310 325 2 Lane 1, 71 3 acksm scenic Ave yard Rd- 900 4 Jackson co Butte Fatls Fish Lake Rd P 30-7-Hwv 140: paving 1.430 1500 5 Jackson Coun SuhT 712 R orals ,524 42,4 RVTD Project RVTD is submitting a stimulus project that would come from a separate appropriation for transit, through the 5307 funding program. The project is Bus Capital and Operations, for $2.2 million. It isn't clear at this point whether economic stimulus funds for transit could be used for operations, or capital projects only. RVTD Projects in prioritized order are on the next page. Memo: Federal Economic Stimulus, Local and State Projects, Feb. 4, 2009 3 Attachment 3 (Agenda Item 7) Roci ue Valle Transportation District Stimulus Projects Priority# on Category Project TYPO Estimated Cost Description Project? Bus-Rollin Stair 1 3 Diesel se9 1,020,000 2 4ADA vehicles $200,000 3 1 ADA u' van $38,000 eou her/ hvetcb TOTAL $1,258,000 Stations, St % Terminals reflabhew"tlon 1 Security 5 tern $4,000 2 A/C unit $4,000 Yes 3 Miscellaneouv trash receptacles $30,000 pp=. unm ' 4 Schedules ' neml Plaques 75000 250 smte ' n. 100 s1ulfar 5 Rehab shelters 12,000 8 Acquire Shelters $M000 . f 5 uab 7 Bic a Feefli 2nd unit $20,000 Yes e Coverfa cuoent cle parking 50,000 Yes 9 Bicycle mks for shellen $15,000 IN mcw Yes TOTAL $226,000 Support Facilities and Equipment Renovation. Acton iretlon H11 Ildin 1 Roofwo s 19 t solca/bes $98,7441v .mmn com Yes 2 Misc. Cc uta E ipment $23,600 11 tartsblbnn;22 NS 11a 0 wwor 3 b rode 13,800 T-6 bellaot Ivuow m a9 Pus 4 Rw6 13.600 sm nsN SUacsb 5 Exterior paint 3,056 ronlvm d"ce? 8 Conference Roan furniture $6.000 auks ubr rslnbb brunt mom mdo 7 Interior paint $7,090 8 Fxtedor ant $6.8611 1 9 Awro on west entrance $2,000 TOTAL $174,661 (list continues on next page) Memo: Federal Economic Stimulus, Local and State Projects, Feb. 4, 2009 4 Attachment 3 (Agenda Item 7) R ua Valley Transportation District Stimulus Projects on~rvat on -Priority# by category Project TYPO Estimated Cost Description Project? Bus-Rollin Stock 1 3 Diesel buses 1,020,000 2 ADA vehicles $200,000 3 to equipped van 38,000 tatl arywsar/mgo¢n vmicb TOTAL $1,268,000 Stations, Stops, Terminals rehabhanovatlon 1 Securi stem ,000 2 A/C unit $4,000 Yes 3 Miscellaneous' trash receptacles $30,000 eppex. 1as WW 4 Schedules nerst plaques $15,000 290 emaa .100 ahamr pi~ 5 Rehab she0ers $12,000 e Acquire Sheltsre $75,000 . 15 wile 7 Bicycle Facility 2nd unit $20,000 Yes 8 Corer for current bicycle add $50,000 m'bne Yea 9 Bicycle racks for shelters $15,000 looradv Yes TOTAL $225,000 Support Facilities and Equipment Renovation AtImbilshation Building 1 Roof work, t and a ,746 rim map, taarlavam Yea 2 Misc. Co er Equipment 523,600 11 waksletlae;T2 US k9.;1 wmer 3 Lighting de $13,800 Td bmesm tm ivero Yes 4 Flooli $13,600 ebb hW ewfca h 5 Exterior paint $3,056 mmwo W* ow? 6 Conference Room furniture 000 mute. bale miwim arsek mom bob 7 Interior paint $7,090 8 Fxtenor suit $6,881 9 Awry onwestemrance $2,900 TOTAL $174,551 Additional Guidance for Funding Local Projects Although the federal stimulus is not STP money, the guidelines for the STP are expected to apply. The STP program is the most flexible of the federal surface transportation funds coming into the region. Here's a brief outline of eligibility. From the RVMPO 2012-13 call for STP program projects: The Surface Transportation Program (STP) provides flexible funding that may be used by state and local governments for projects and programs on any Federal-aid highway, bridge projects on any public road, transit capital projects, and bus terminals and facilities. ELIGIBILITY: Funds apportioned to a State for the STP may be obligated for: I. Construction, reconstruction, rehabilitation, resurfacing, restoration, and operational improvements for highways including Interstate highways and bridges (including bridges on public roads of all functional classifications), including any such construction or reconstruction necessary to accommodate other transportation modes, and including the seismic retrofit and painting of and application of calcium magnesium acetate, sodium acetate formate, or other environmentally acceptable, minimally corrosive anti-icing and de-icing compositions on bridges and approaches thereto and other elevated structures, mitigation of damage to wildlife, habitat, and ecosystems caused by a transportation project funded under Title 23, United States Code, Memo: Federal Economic Stimulus, Local and State Projects, Feb. 4, 2009 5 Attachment 3 (Agenda Item 7) 2. Capital costs for transit projects eligible for assistance under chapter 53 of Title 49, United States Code, including vehicles and facilities, whether publicly or privately owned that are used to provide intercity passenger service by bus, 3. Carpool projects, fringe and corridor parking facilities and programs, bicycle and pedestrian facilities (off-road or on-road, including modification of walkways) on any public roads in accordance with 23 U.S.C. 217 and the modification of public sidewalks to comply with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), 4. Highway and transit safety infrastructure improvements and programs, hazard eliminations, projects to mitigate hazards caused by wildlife, and railway-highway grade crossings, 5. Highway and transit research and development and technology transfer programs, 6. Capital and operating costs for traffic monitoring, management, and control facilities and programs, 7. Surface transportation planning programs, 8. Transportation enhancement activities, 9. Transportation control measures listed in Section 108(f)(1)(A) (other than clause xvi) of the Clean Air Act (42 U.S.C. 7407(d), 10. Development and establishment of management systems under 23 U.S.C. 303, it. Habitat and wetlands mitigation efforts related to Title 23 projects, 12. Infrastructure based intelligent transportation systems capital improvements, and 13. Environmental restoration and pollution abatement projects to address water pollution or environmental degradation caused or contributed to by transportation facilities, which projects shall be carried out when the transportation facilities are undergoing reconstruction, rehabilitation, resurfacing, or restoration; except that the cost of such environmental restoration or pollution abatement shall not exceed 20 percent of the cost of the 4R project. 14. Programs to reduce extreme cold starts 15. Environmental restoration and pollution abatement projects, including retrofit or construction of stormwater treatment facilities (limited to 20% of total cost of 3R-type transportation projects) 16. Natural habitat mitigation, but specifies that if wetland or natural habitat mitigation is within the service area of a mitigation bank, preference will be given to use the bank 17. Privately owned vehicles and facilities hat are used to provide intercity passenger service by bus 18. Modifications of existing public sidewalks (regardless of whether the sidewalk is on a Federal-aid highway right-of-way), to comply with the requirements of the Americans with Disabilities Act 19. Infrastructure based intelligent transportation system capital improvement 2o. Advanced truck stop electrification systems 21. Projects relating to intersections that: have disproportionately high accident rates; have high congestion rates Memo: Federal Economic Stimulus, Local and State Projects, Feb. 4, 2009 6 TRANSPORTATION RECOVERY AND REINVESTMENT ACT ODOT has been working closely with local governments to develop plans to put economic stimulus money to work creating jobs and improving Oregon's transportation system. ODOT has prepared this frequently asked questions document to explain how the agency plans to handle this significant infusion of funding. How much highway program funding will Oregon receive? The American Recovery and Reinvestment Act (ARRA, HR 1) provides $27.5 billion for the federal highway program, and $26.66 billion of this will be distributed to the states by formula. Oregon will receive about 1.25 percent of total federal highway program funding distributed to the states. This translates into about $334 million for Oregon. What requirements will this money come with? Transportation projects funded with stimulus resources will be subject to all normal federal requirements, including environmental reviews, right of way acquisition, and design standards; the ARRA does not waive or streamline any of these normal requirements. The ARRA requires that half of each state's funding (excluding funding allocated to local governments) be obligated within 120 days, while the remainder must be obligated within one year. There is also a "maintenance of effort" requirement under which funding must be used to supplement and not supplant existing resources at the programmatic level. Transparency and accountability provisions will require regular reporting on use of funds. What types ofprojects will likely meet these requirements? Meeting the requirement to get half of all funding within 120 days will involve building projects that require minimal additional design, do not require buying right of way, and have minimal need for additional environmental analysis and mitigation; most viable projects will be classified as a Categorical Exclusion under NEPA. Most projects that meet these criteria will involve preservation of the existing road and highway system, such as paving, bridge repairs, and safety measures. What has ODOT done to get ready for a potential infusion of resources? ODOT's Highway Division has identified $191 million in highway and bicycle/pedestrian projects on the state highway system that can be under construction during the 2009 construction season and meet the requirement to obligate half of the state's funds within 120 days. ODOT's project list focuses on construction projects that create jobs rather than environmental studies or right of way acquisition. In December, the Oregon Transportation Commission allocated $2 million to do the necessary work to get these projects ready to go to construction, and ODOT will start going to bid on projects in late February. How will funding flow to local government projects? The ARRA requires that states allocate 30 percent of funds to local governments through the Surface Transportation Program (STP) formula. In Oregon, this amounts to about $100 million that will be shared with local governments. Under the formula ODOT has worked out with cities and counties, Metropolitan Planning Organizations (MPOs), all 36 Oregon O gaon counties, and cities over 5000 that are not in an MPO will receive allocations of funding. ~~~~QQQQ of Ttanaportaaon Each jurisdiction that receives an allocation of funds would be responsible for selecting one or more eligible projects to build. ODOT will also set aside $5 million for jurisdictions that do not receive STP allocations, including small cities, tribal governments, and ports, and ODOT will select projects from those proposed by eligible agencies. Because all federal highway program funds through state DOTS, ODOT would administer the funds and oversee projects. Each project will require signing an Intergovernmental Agreement (IGA) between ODOT and the local government sponsor. ODOT will work closely with local governments to move projects forward quickly through the federal highway process. How long will local governments have to obligate their funds? All funds allocated to local governments must be obligated within one year of distribution. Is there a matching requirement? There is no requirement to provide matching funds. Is funding for public transportation included in the stimulus legislation? The ARRA contains $8.4 billion for public transportation, including $6.9 billion for the urban and rural formula grant programs. Under the Federal Transit Administration's programs, funding for transit systems in communities with populations greater than 50,000 flows to the transit districts, while ODOT's Public Transit Division administers funding for non-urbanized areas. Transit districts in six urban areas in Oregon-- Portland, Salem/Keizer, Eugene/Springfield, Corvallis, Medford, and Bend-- will split about $66 million. ODOT will distribute about $14 million to rural transit projects. Will Oregon be able to take advantage of the funding for passenger rail? The ARRA contains $9.3 billion for passenger rail, including $8 billion for high-speed passenger rail corridors. ODOT partners with the Washington State DOT and Amtrak to operate the Cascades Amtrak service on the Northwest high-speed rail corridor. This corridor runs from Eugene through Portland and Seattle on to Vancouver, British Columbia and is one of the nation's top passenger rail corridors in terms of ridership. ODOT would seek a federal investment from the stimulus program to improve the speed and reliability of passenger rail service on the corridor and build capacity to allow for the eventual addition of a third daily roundtrip train between Eugene and Portland. For additional information, please contact Travis Brouwer, ODOT Federal Affairs Advisor, at (503) 986-3448 or by e-mail at tavis.brouwer@odot.state.or.us. Milo-MR rogon Oe rbnent of manaponatlon CITY OF ASHLAND Council Communication Ashland Community Hospital Lease Meeting Date: March 3, 2009 Primary Staff Contact: Martha Bennett Department: Administration E-Mail: bennettm@ashland.or.us Secondary Dept.: None Secondary Contact: None Approval: Martha Benne Estimated Time: Consent Question: Does the City Council wish to authorize the City Administrator to send a letter to Ashland Community Hospital (ACH) that waives the City's right to terminate the Facilities lease and resume responsibility for operation of the Hospital? Staff Recommendation: Staff recommends that the Council authorize the Administrator to waive the right to assume responsibility for ACH operations under paragraph 3.1.6 of the Definitive Agreement between the City and Ashland Community Healthcare Services because their debt coverage ratio fell below the required amount in Fiscal Year 2008. Staff believes that, in this case, the failure to meet this ratio does not represent substantial financial or operational instability on the part of ACH sufficient to warrant having the City resume direct operations of the hospital. Background: Like the City and most non-profit organization, ACH is audited each year by an independent, third party firm. As part of their work, the auditors review compliance with the agreements and contracts that govern ACH operations, including the agreement with the City from 1996 that transferred operations from the City to Ashland Community Healthcare Services. The auditors cannot complete and issue their opinion letter on the audit unless ACH is in compliance with these agreements. In that Agreement, the City gave itself the right to terminate the lease and resume operation of ACH under several conditions, including if ACH's debt service coverage was ever less than 1.25 to 1. In fiscal year 2008, the Hospital modified how it accounted for old, unpaid bills. That change resulted in having the hospital write off expenses from several prior fiscal years all in FY 2008, which means that on the books, ACH experienced a financial loss that fiscal year and the debt service coverage ratio from the lease was negative. Given that the debt coverage ratio is negative, the City has the right to declare ACH in default of the 1996 agreement. ACH's auditors have asked the City to declare whether it wishes to exercise its rights under this agreement. Because it appears that the material issue for ACH in FY 2008 was a change in practice for old debt, City staff are not concerned the hospital's financial condition warrants resumption of hospital operations by the City. Therefore, staff recommends that the Council authorize the City Administrator to send a letter to ACH waiving our right to terminate the lease due to the Fiscal Year 2008 issue so the audit can be completed. Page I of 2 Vr, C I T Y OF ASHLAND Council Options: ■ Accept the staff recommendation • Request additional information • Reject the staff recommendation and request information about how to exercise the "default" provisions in the contract so that they City ■ Other option, potentially a combination of the above options Potential Motions: • I move that the City Attachments: None. Page 2 of 2 ~r, CITY OF ASHLAND Couricil Communication Priority Criteria for FY 2010 Budget Process Meeting Date: March 3, 2009 Primary Staff Contact: Martha Bennett Department: Administration E-Mail: bennettm@ashland.or.us Secondary Dept.: Administrative Se es Secondary Contact: Lee Tuneberg Approval: Martha Bennet Estimated Time: 15 minutes Question: Does the City Council wish to adopt criteria for prioritizing City services and programs during the FY 2010 Budget Process? Staff Recommendation: Staff recommends that Council adopt criteria, either as proposed by staff or with modifications Background: At the February 19, 2009 Joint Meeting of the Budget Committee and the Parks & Recreation Commission, staff proposed that the City not apply across-the-board cuts if needed to balance the FY 2010 budget process. Rather, we proposed prioritizing City services and programs based on a set of criteria. Staff proposed a set of specific criteria, and staff agreed to ask the City Council to discuss and approve a final set of criteria. Budget Committee chair Lynn Thompson asked for consideration of an additional criterion - Services that only government can provide. This criterion is included in the list for Council direction. Staff proposes sorting the criteria for the services and programs that should be protected during the budget process into "Highest" priority to protect, "Medium" priority to protect," and "Lowest" priority to protect. Staff acknowledges that there are other reasons why the City might offer a program or service, but suggests that those are less important than the criteria that are proposed for use. Staff further proposes that Department Directors will use these criteria to make decisions as they balance their budgets to meet the adopted budget assumptions (FY 2009 Budgets, with the December 2008 reductions as "base" budget). Staff further proposes that the City Administrator and Budget Officer use these criteria as they develop the balanced proposed budget. The Budget Committee can also use them as they make decisions about programs and services vis a vis potential revenue adjustments during the budget process. Proposed Criteria Highest Priority Federal and State Mandates City Charter and Code Contractual obligations and bond covenants Emergency Response Basic Needs Public Health & Welfare Page 1 of 2 030309 Budget Priorities.CC.doc Iit♦, --L CITY OF ASHLAND Medium Priority Operational Efficiency/Risk Mgmt/ Fiscal Health Support for local economic health Environmental Protection above mandated levels Emergency Preparedness Service only available from government/ not offered by private or non-profit provider Lower Priority Enhance Quality of Life/Desirability of Ashland Support for residents' health beyond basics Quality Citizen Service Key Issue of Local Control Council Options: ■ Adopt the criteria as proposed. • Add, delete, modify or reorganize the criteria to better reflect Council policy. ■ Reject the use of criteria as the way to prioritize services. • Other option, potentially a combination of the above options. Potential Motions: • I move that the City Attachments: None. Page 2 of 2 030309 Budget Priorities.CC.doc CITY OF ASHLAND Council Communication An Ordinance Authorizing Execution of the Regional Problem Solving Participants' Agreement Meeting Date: March 3, 2009 Primary Staff Contact: Bill Molnar Department: Community Develo ent E-Mail: bill a ashland.or.us Secondary Dept.: None Secondary Contact: Richard Appicello Approval: Martha Benne Estimated Time: 45 minutes Question: Should the Council approve an ordinance authorizing execution of the Regional Problem Solving Participants' Agreement, which establishes a process for the participants to implement the Bear Creek Valley Regional Plan? Staff Recommendation: The Oregon Revised Statutes allows for the establishment of regional problem solving programs in counties and regions throughout the state. This collaborative regional planning process is intended to provide a framework directed toward resolving land use problems in a region. The City of Ashland entered into a "Collaborative Regional Problem Solving" process in 2000 along with several other Bear Creek Valley municipalities. The draft Bear Creek Valley Regional Problem Solving (RPS) Plan directs future urbanization by establishing urban reserve areas (URAs), which identify the priority areas for expansion of a city's urban growth boundary (UGB) when expansion becomes necessary. In order for participating cities to proceed with the creation of Urban Reserve Areas and realize the goals of the regional planning process, the City of Ashland must enter into an agreement with the other participants in the process. In essence, through signing of the Participants' Agreement the City of Ashland is not adopting the regional plan, rather only agreeing to have it run through the appropriate Land Use process. The current request only involves consideration of whether or not the City, as a participant, should sign the agreement based upon its consistency with applicable Oregon Revised Statutes for Collaborative Regional Problem Solving. In summary, staff finds that the attached Regional Problem Solving (RPS) agreement is consistent with ORS 197.652-658 and, specifically, that the regional problem-solving process has included agreement among the participants on: • Regional goals for resolution of each regional problem; • Optional techniques to achieve the goals for each regional problem; • Measurable indicators of performance toward achievement of the goals for each regional problem; • A system of incentives and disincentives to encourage successful implementation of the techniques chosen by the participants to achieve the goals; • A system for monitoring progress toward achievement of the goals; and • A process for correction of the techniques if monitoring indicates that the techniques are not achieving the goals. Page 1 of 3 CITY OF ASHLAND Staff believes that Ashland's continued participation in regional planning is imperative to providing effective input concerning coordination of regional growth, as well as maintaining Ashland's role as an active participant in regional land use issues. Accordingly, Staff recommends that the Mayor, upon agreement by the Council, sign the Participants' Agreement. While the City of Ashland has chosen to not establish urban reserve areas (URA) at this time, future consideration of whether or not the urban reserve areas and corresponding plan amendments proposed by other participating Rogue Valley communities conform to statewide planning goals will occur at the time those plans and regulations are up for adoption by their respective community. Background: At the February P Council meeting, RVCOG requested that the City of Ashland not take action on the Participants Agreement until at least the February 17, 2009 meeting. Because Councilor Chapman was absent on February 17, 2009, the Council approved a continuance the item to March 3, 2009. Rogue Valley Council of Governments (RVCOG) staff have been working with the RPS Policy Committee, the Department of Land Conservation and Development (DLCD), Jackson County, and many of the participating jurisdictions to look at amending the proposed Participants' Agreement in light of the City of Jacksonville's decision to postpone signing. After careful consideration, however, the RPS Policy Committee has requested that Ashland make a decision to authorize signing the Participants Agreement as it was initially proposed and submitted. Related City Policies: Ashland Comprehensive Plan policies related to the recognition of the need for regional collaboration with respect land use planning issues Council Options: (1) Approve authorizing execution of the Regional Problem Solving Participants' Agreement and forward the proposed ordinance to first reading. (2)Continue deliberation and first reading to a different meeting. (3) Reject adopting the ordinance authorizing execution of the Regional Problem Solving Participants' Agreement. Potential Motions: I move to approve authorizing execution of the Regional Problem Solving Participants' Agreement, which establishes a process for the participants to implement the Bear Creek Valley Regional Plan, and forward the ordinance to first reading. I move to continue deliberation and first reading of an ordinance authorizing execution of the Regional Problem Solving Participants' Agreement to March 17`h, 2009. I move to reject authorizing execution of the Regional Problem Solving Participants' Agreement. Problem Solving (RPS) Program, to establish a process for the participants to implement the Bear Creek Valley Regional Plan. Page 2 of 3 ~r, CITY OF ASHLAND Attachments • Participants' Agreement Ordinance • Michael Cavallaro letter dated February 24, 2009 • Kate Jackson letter dated February 25, 2009 • RPS Biggest Hits List • Excerpt from 2007 Fall RPS Hearings & Responses Previous Attachments Documents provided with the January 20`h, 2009 council meeting packet, as well as the original Council Communication, are listed below and can be reviewed at the City of Ashland website under Council Packet Archives at the following address: http://www.ashiand.or.us/Page.asp?NavlD=l 1576 Exhibit A - Planning Commission Recommendation Memo (01.13.09) Exhibit B - Ashland Planning Staff Report w/public testimony submittal Exhibit C - RPS Agreement Resolution Exhibit D - Greater Bear Creek Valley Regional Problem Solving Agreement Exhibit E - Collaborative Regional Problem Solving Statute - (ORS 197.652-658) Exhibit F - Submittals from Kate Jackson, City liaison to Regional Problem Solving Exhibit G - Executive Summary - Greater Bear Creek Valley Regional Plan: Exhibit H - A Summary of Oregon's Statewide Planning Goals Exhibit I - Mayor Morrison Letter to RPS Policy Committee (11.25.07) Note: In addition to the attachments below, the entire Greater Bear Creek Valley Regional Plan and supporting appendices can be viewed at the website of the Rogue Valley Council of Governments at: www.rvcog.org Page 3 of 3 ORDINANCE NO. 2009- AN ORDINANCE AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT, THE "GREATER BEAR CREEK VALLEY REGIONAL PROBLEM SOLVING AGREEMENT" FOR THE BEAR CREEK VALLEY REGIONAL PROBLEM SOLVING PROGRAM, PROVIDING FOR A PROCESS FOR PARTICIPANTS TO IMPLEMENT THE ADOPTED GREATER BEAR CREEK VALLEY REGIONAL PLAN. WHEREAS, following duly advertised legislative land use hearings, and after due consideration of the staff report, the testimony and evidence submitted, together with the findings created by staff and all other competent evidence in the entire record, the Ashland City Council finds and determines that the proposed Greater Bear Creek Valley Regional Problem Solving Agreement is consistent with applicable state and local land use laws concerning regional problem solving; acid THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The Greater Bear Creek Valley Regional Problem Solving Agreement, which intergovernmental agreement is incorporated herein by this reference (without attachment) and is on file in the City Recorder's office, is hereby approved by the governing body of the City of Ashland and execution by the mayor is hereby authorized. The foregoing ordinance was first read in full and then by title only in accordance with Article X, Section 2(A) of the City Charter on the day of 2009, and duly PASSED and ADOPTED this day of 2009. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 2009. John Stromberg, Mayor Reviewed as to form: Richard Appicello, City Attorney Page 1 of 1 Greater Bear Creek Valley Regional Problem Solving giclPott rwICE LATIon s Jackson Cauary - Talent- Ashland - Central Point -Jacksonville- Phoenix-Med/o d-EaXle Puim To: Ashland Mayor and City Council From: Michael Cavallaro RE: Changes to draft RPS Plan, Sept. 2007 to February, 2009 Date: February 24, 2009 I have been asked to describe the differences between the version of the draft RPS Plan used for the two regional hearings held on September 24'h and October 10`h, 2007, and the current version. The changes that were made between the two documents were either made to improve existing description or detail in the text, or to add or subtract items within the draft Plan (appendices, urban reserve areas, or subsections of the document). These were not always in direct response to public input, either during the regional hearings or following them, but many were. The remainder of the changes was intended to improve the way in which the Plan explained what it was trying to do, and why, and to update base information. For ease in referring to the current draft Plan, the changes will be listed by chapter. Executive Summary An executive summary was added as a result of requests by a number of people, both inside and outside the project. Chapter One The base population for the region's cities was updated from the 2005 PSU estimate to the 2007 PSU estimate. There were no changes made to the population estimates for the unannexed portions of the UGB or to the 2000 Census population of the rural portion of the study area. As a result of the update, base population changed from 160,431 to 168,966. Chapter Two The description of the public process to date was improved and updated to give a better accounting of citizen involvement. Chapter Three 1) Jacksonville's existing density number was updated to 2.72 units/acre from 2.29 u/a, and the city's higher land need density target was changed from 1.2 u/a to 4 u/a. In addition, lower land need densities for all cities were added. Plan Refinements Page 1 2) To promote additional density in city cores, and to compensate for proposed urban reserve areas on which it might be difficult to achieve higher densities, the region added the following density strategy: If, during a UGB expansion, the average permitted gross density for the residential portion of the entire UGB expansion is less than the target higher land need gross residential density set for the city's urban reserve by the adopted Regional Plan, the city will be able to make up for that lower density by simultaneously changing residential land use designations on buildable land already in the UGB, such that the average permitted gross density for the residential portion of the entire UGB expansion plus the area of the changed designation meets at least the target higher land need residential gross density set for the city's urban reserve by the Regional Plan. In addition, the Plan added language that clarified that the lower target density supported by the region for Jacksonville would be compensated by the higher densities across the region. 3) A more complete description of the assumptions used in the land needs simulator for both residential and employment was added. In addition, although not in the current draft Plan yet, the project has collaborated with 1000 Friends in adding a more robust "efficiency factor" in the calculation of land need to better consider the likelihood that densities in the existing UGBs will increase over time. This is meant to provide an even more conservative projection of land need in the simulator, but is not meant to substitute for the statutorily-mandated increased efficiency requirements cities will have to meet at the time of UGB expansion. 4) A significantly expanded transportation section has been added, with a discussion of results from the modeling performed for the project by ODOT (the full report is in Appendix XII). The discussion includes the mention of the need for a more robust transit system, and also singles out nodal development as a preferred land use strategy. The region has agreed to further strengthen this reference to nodal development in the final draft to be employed in the upcoming comprehensive plan amendment process. Chapter Four 1) A better accounting of the result of the region's efforts to decrease the amount of farmland in the proposed urban reserves has been added, which includes reference to a potential savings of approximately 900 acres of farmland as a result of the region's success in avoiding resource land where possible (there are 10% to 13% fewer resource lands in the urban reserves than there are in the study area's rural area as a whole). 2) There has been a reduction of 519 acres (from 9,209 acres to 8,790 acres) in total proposed urban reserves, 400 acres of which were recommended by the RLRC as part of the commercial agricultural land base (from 1,646 RLRC acres to 1,246 RLRC acres). The proposed urban reserves that have been dropped or reduced are as follows: jK-2 (98 non-RLRC acres) JK-3 (12 non-RLRC acres) JK-4 (reduction of 105 non-RLRC acres) JK-5 (63 non-RLRC acres) Plan Refinements Page 2 JK-10 (132 RLRC acres) EP-2 (reduction of 90 RLRC acres) MD-2 (reduction of 140 acres, 115 of which were RLRC) PH-9e (8 RLRC acres) NOTE #1: The list above totals 657 acres, but there were some additions to other areas that cancelled out some of the reductions, most notably the reinstatement of much of,JK-8 (222 acres), which had been removed weeks before the regional hearings. NOTE#2: The highest total acreage proposed at any point in this process was probably at the time of the Phase One Report in late 2001, at which time there was a total of 11,527 acres proposed as urban reserves. The current proposal of 8,790 acres is a 2,737 acre reduction of that amount. Chapter Six An expanded explanation of minor and major amendments was added, as was a chart listing the jurisdictions and agencies to be notified of proposed amendments to the Plan once adopted. Appendices The following appendices were added to the current draft Plan: Appendix I-An overview of potential regional findings; Appendix V-All calculation sheets for the land needs simulator; Appendix X-The current Participants' Agreement; Appendix XII-As mentioned in item #4 from Chapter Three, these are the full transportation modeling results; Appendix XV-The Open Space chapter from the Greater Bear Creek Valley Phase One Report; Appendix XVI-The December 2002 "NOW X 2" Mail Tribune insert; and Appendix XVII-The fall 2007 regional hearings testimony and project responses. As a final note, it should be noted that the portion of the draft Plan that considers urban reserves is focused on identifying and justifying these future areas of growth, estimating their adequacy to meet the need, and delineating potential land uses for broad brush planning purposes. All statutory requirements for a detailed determination of residential need, efficiency measures, buildable land inventory, housing types, land need for employment, etc., must be met at the time of UGB expansion. By extension, any new criteria that may be added in the future by the state, such as consideration of measures to mitigate global warming, will also likely become requirements of the state's mandated UGB expansion process, to which these urban reserves would eventually be subject. For this reason, The project suggests that some of the testimony and comments directed at improving the draft Plan (such as increased`efficiencies in the existing UGB and the promotion of alternate means of transportation) are more appropriately addressed under existing law and at the time of subsequent steps in the land use process. Plan Refinements Page 3 Date: Feb 25, 2009 From: Kate Jackson To: Council and staff RE: Agreement to Participate in Land Use Regional Problem Solving Use of the Regional Problem Solving statute within the Oregon land use program offers us a voluntary, self-directed, collective approach to land use planning. It offers a way to formally link land use with transportation planning in the MPO area. It offers a way to reduce the conflicts between and among multiple local governments. It offers a smarter approach to managing population growth in the region. John Fregonese, speaking to the January 15, 2009 SOU/RCC seminar on sustainability, said that smart growth is an essential component of sustainability. If sustainability truly is an integral part of our decision-making, Ashland should take this opportunity seriously. How is the Plan different from the required land use planning? Long term: 50 years not 20 years Urban Reserves: directs future movement of the UGB Population: recognizes the naturally different growth rates of the different cities Infrastructure: master plans for transportation and circulation within the URs and around the region. None of these steps are required under Oregon land use law. All are responsible and fiscally prudent steps for local government to take. The draft Regional Plan is like a Master Plan writ very, very large. It sets out a broad program for future land use management. Then it relies on established state and local land use requirements for implementation: annexation, density, zoning, Only with an adopted set of Urban Reserves can the MPO use the ideas to plan a cost-efficient transportation network for the future. The establishment of urban reserves will strongly constrain future urbanization. The draft Plan identifies protection of agricultural land and open space, mandates agricultural buffers, requires conceptual plans for transportation in all urban reserves, and specifies the County enter into Urban Reserve Management Agreements with every city. Most uniquely, it creates a new forum for collective discussion on regional land use concerns. Is it complicated'? You bet. Is it perfect? Of course not. Is it mandatory? No, this is a voluntary choice to work together. What does it do? Builds long term partnership and relationship among the cities, big and small, and the county. How does Ashland win? By respecting others as we would have them respect us. Ashland became a member of the MPO in 2000. Since that time we have nurtured a growing reputation for consistency, cooperation and respect by our involvement on regional committees. Ashland is a key player in the Bear Creek Valley, the second largest city by population and by number of jobs. We will best continue this success if we also acknowledge and recognize others' viewpoints. I hope you will agree that we should continue the conversation about the complex issue of growth management by choosing to sign the Participants' Agreement and allowing the draft Regional Land Use Plan to undergo enter land use adoption proceedings at the County. The RPS "Biggest Hits" List There are numerous benefits that have arisen, and will arise, from the Regional Problem Solving process. Some of these are direct, and some are indirect. The Region considers the following as the most significant big-picture outcomes of the process: The concept of a regional community - As a function of the uniqueness of each of the valley's cities, their different comparative advantages, and their communal interconnectedness, the Region has developed the concept of the regional community, in which each city is the equivalent of a individual neighborhood in this regional community. This construct of the regional community as more than the sum of its parts has provided the latitude for cities to be "different" from each other as long as there is consensus on a regional balance in population, housing, and employment that will permit the Rogue Valley to function as well or better than traditional planning would allow. Predictability as to where urban growth will and will not occur long term - The establishment of urban reserves to accommodate a doubling of the population will provide greater transparency in local governance; allow longer term land use, transportation, and infrastructure planning; and increase the attractiveness of the valley's urban areas to economic development. Increased protection of productive agricultural lands - The designation of long-term urban reserves will increase the future value of remaining agricultural lands by guaranteeing that investments made in agricultural production will have longevity. The resulting increased attractiveness of the region to agricultural investment will be increased by the adoption of the regional agricultural buffering standards developed during the RPS process, and by a reduction in the purchase of agricultural land for speculative purposes. Improved transportation planning - As a result of the RPS process, the Metropolitan Planning Organization (MPO) has one of the nation's most sophisticated transportation and land use planning models. For the first time in the region, different land use and transportation scenarios can be modeled to assist in policy making. Also as a result of RPS, and with the promise of long-term urban reserves, the MPO has agreed to assume a more active role in the future integration of land use and transportation planning, and will work with jurisdictions on establishing conceptual plans for the urban reserves, identifying and protecting significant infrastructure corridors, and establishing additional revenue sources to pay for that corridor protection. The preservation of community identity - In response to the concerns about future growth causing cities to expand into each other to form large multi-jurisdictional urban centers, the process has facilitated the preservation of rural land between cities by directing urban growth away from the most critically important of these separation areas. No additional regulation or downzoning was necessary to achieve this. An increased level of collaboration and cooperation - Not only has this increased collaboration and cooperation been created between local jurisdictions, but also between local jurisdictions and state agencies, especially the agencies' regional representatives. This bodes well for the region in its implementation of the Plan, but also in addressing future issues and challenges in southern Oregon with a more collective voice. Excerpt from: Fall 2007 Hearings Results and Project Responses EXHIBIT 037 (Letter from Mayor John Morrison and Ashland City Council, City of Ashland) November 15, 2007 REGIONAL TESTIMONY SUMMARY: The City of Ashland identifies several areas in which it would like to see refinements in the final Regional Plan: improved efficiency in the use of existing urbanized areas; greater focus on alternative means of transportation; less impact on commercially important agricultural lands; and an early refinement of the present population element of Jackson County's Comprehensive Plan. RESPONSE: The overall desire for the City of Ashland to be part of a progressive planning process in the valley is acknowledged and appreciated. It has been clear that the city is taking a stand on what it believes in by deciding not to expand its municipal footprint through this process. The region also recognizes that circumstances having to do with the environment, the economy, and climate change have been changing quickly over the last several years, calling into question the sustainability of commonly accepted development patterns. While the Plan is progressive, it is not a response in itself to the growing concerns over business as usual. On the other hand, the Plan does not create circumstances that would prevent the region, or individual cities, from encouraging such things as greater future efficiencies in land use, encouraging better agricultural productivity, and providing for more alternative transportation and affordable housing. What this Plan does is outline where future growth, if and when it comes, will be located. How that growth is distributed and accommodated depends on a continued regional conversation. Improved efficiency in the use of existing urbanized areas: The City raises an issue that was raised to varying degrees in public hearing testimony, and that is that the Plan is not perfect, and not as proactive or progressive as it could have been. That perception, depending on how far one takes it, is accepted by most who have worked on developing it. But there is also general acknowledgment that, with this process, we have gone as for as we could have in a region that is heavily supportive of jurisdictional autonomy and has limited experience with the type of regional cooperation that could result in mandates on detailed, internal policies of individual cities. This Plan, although in every way revolutionary for the region and for the state, is still an evolutionary step in regional collaboration. Because RPS requires consensus on all decisions, and because the communities are politically and culturally divergent on many of the issues needing consensus, compromise is inevitable. Pagel of `3 On the issue of agricultural lands, it was decided that, given the fact that almost no jurisdiction in the process was not constrained by the large percentage of EFUOzoned land around it, heightened attention would be given to the more commercially viable agricultural lands. The Plan has a complete explanation of the process whereby cities were given information about the location and relative productivity of agricultural lands surrounding them, and discusses the resulting efforts by cities to avoid the more important of those EFU lands. The Plan also documents the fact that the percentage of EFU land in the proposed urban reserves is actually less than the percentage in the county overall, a result of the efforts by participating cities to avoid, when at all feasible, agricultural lands. In addition to this level of protection, the region has also agreed to much improved agricultural buffering standards, which are designed to protect existing agricultural production from adjacent urbanization. Finally, the point is made in the Plan that longaterm establishment of urban reserves is an overall positive for agricultural production in the valley due to the predictability if affords the agricultural lands not in urban reserves. The City also mentions that the connection between transportation planning and land use is deficient in the Plan. The majority of participants, including state agencies, would take issue with that perception. From the outset, this Plan did not intend to replace the Regional Transportation Plan (an MPO responsibility) or individual city Transportation System Plans, but rather, for the first time, to provide a matrix of Ionguterm developable lands to assist in better transportation planning at all levels. The process also allowed a consideration of major transportation constraints when identifying potential urban reserves, which, in the case of Eagle Point, resulted in the removal of large proposed urban reserves on the west side of Highway 62 due to the probable impacts their development would have on the highway. The region has also created a direct relationship between the Plan and the MPO's planning process, and has gained the MPO's support for mechanisms to identify and protect significant transportation corridors in the urban reserves, and to raise additional revenue for that purpose. Finally, the RPS process was the direct impetus behind ODOT developing the state's first LUSDR model, which for the first time permits the region to perform Iongorange integrated land use and transportation modeling. The City also mentions the lack of attention to affordable housing in the Plan. The region agrees that the issue is not directly addressed, but does not consider the Plan to be the appropriate mechanism for doing so. • Greater focus on alternative means of transportation: While the region acknowledges the importance of alternative means of transportation, especially of a viable, fixedOroute public transportation system, the Plan was not designed or intended to address that issue. The most appropriate place to do so is at the local jurisdictional and MPO level. What the Plan can and does do is provide the means whereby better Iongoterm land use and Page 2 of 3 transportation planning can take place. As for increasing regional densities, the Plan does call for significantly increased densities, which will, in time, make public transportation more viable. The Plan also calls out the attractiveness of nodal development, but where and how much would be optimal needs to await the conceptual plans that will follow the designation of the urban reserves. • Less impact on commercially important agricultural lands: This is addressed within the discussion above on more efficient land use. • An early refinement of the present population element of Jackson County's Comprehensive Plan: The County has agreed to a regular review of the population element in its Comprehensive Plan. More to the point for the City of Ashland, it has been suggested that an amendment could occur as early as 2009 as part of the process of amending the County's Comprehensive Plan to adopt the Regional Plan. Although the County is not obliged to follow the proportional distribution of population within the Regional Plan, it has been in general agreement with the logic in doing so in the future. Page 3 of 3 CITY OF ASHLAND Council Communication Ashland Fiber Network 5 Year Business Plan Update Meeting Date: March 3, 2009 Primary Staff Contact: Michael Ainsworth Department: Information Technology E-Mail: mikea@ashland.or.us Secondary Dept.: none Secondary Contact: none Approval: Martha Bennie Estimated Time: 30 minutes C Question: Will Council approve by motion the acceptance of the Ashland Fiber Network Business Plan update as presented by staff? Background: The Ashland Fiber Network's Business Plan was last presented to Council two years ago on February 6, 2007. The Business Plan projected five years of operating and capital expenses and revenues for the 2008 through 2012 fiscal years. Staff has prepared an updated 5 year Business Plan which includes a current financial summary, a revenue summary by category, revenue summaries for each product line, expense detail, capital projections, and a discussion regarding deploying new services to acquire new customers. The Business Plan serves as an overview for the long term future direction of the Ashland Fiber Network. This Business Plan will be used as a tool toward the creation of the 2010 budget and staff will present updated future business plans to Council on an annual basis. Related City Policies: N/A Council Options: 1. Adopt the Business Plan as presented with the expectation that staff will update and present to Council for review and adoption on an annual update. Or 2. Have staff bring Business Plan back for adoption at a later date. Potential Motions I move to adopt the Business Plan as presented with the expectation that staff will update and present it to Council for review and adoption on an annual basis. Attachments: AFN Business Plan Page 1 of 1 ~r, The Ashland Fiber Network Five Year Business Plan Updated March 3, 2009 COMMUNITY BROADBAND AFNAnyvhere, Anytime, forAnyone 1 February 25, 2009 Contents CONTENTS 2 MESSAGE FROM STAFF ........................................................................................................4 WHERE WE ARE ....................................................................................................................6 CURRENT FINANCIAL SUMMARY ....................................................................................7 FIVE YEAR FORECAST .........................................................................................................9 REVENUE SUMMARY ...........................................................................................................9 Total Charges by Service Revenue Summary by Category ..............................................................................................................10 "Charges by services" does not include interest and miscellaneous revenues. 2012 consumptive rates 10 Wholesale Internet Revenue Summary 10 Revenue Summary for High Speed Data "F= 10 Cable Television Revenue Summary 11 Revenue Summary for Retail AFN Internet ......................................................................................................................................11 Revenue Summary for Wireless Internet 11 Wi Max Revenue Summary 12 Revenue Summary for AFN VOIP .........................................................................1........................................................................... 12 BREAKDOWN OF TOTAL EXPENSE BY PERCENTAGE 12 Discretionary expenses 12 Non Discretionary expenses 12 . EXPENSE DETAIL ...............................................................................................................13 CAPITAL .................................................................................................................................14 NETWORK REFRESH .........................................................................................................14 AFN ANYWHERE, ANYTIME, FOR ANYONE "WI MAX/FTTP.. ................................14 2 February 25, 2009 Wi Max Revenue Projections 16 Wi Max Customer Acquisition 16 i REVENUE SUMMARY FOR VOICE OVER INTERNET PROTOCOL (VOIP TELEPHONE) .......................................................................................................................16 Revenue Summary for AFN VOIP .....................................................................................................................................................17 SUMMARY ..............................................................................................................................18 3 February 25, 2009 Message from Staff This is an update of the business plan presented to the City Council in February 2007. Assumptions and actual expenses and revenues have been revised and include first six month performances of the current fiscal year. Recap of recent activity is summed up below: FY 2007 Restructured AFN spun off cable TV November 1, 2006 FY 2008 Regained network health with the installation of new CMTS FY 2009 Generated positive operational cash flow, contributed $356,000 toward debt payment. AFN's expenses and revenues are currently meeting adopted budget projection and in spite of the economic downturn in the fall of 2008, AFN's cable modem service continues to experience growth of 2.41/6 from last year. January end-of-month active modem net counts increased to 4191. As AFN primarily wholesales the Internet product fines, we depend upon the success of private businesses to meet our revenue projections. We maintain solid relationships with our Internet Service Provider Retailers and one of AFN's marketing distinctions continues to be `friendly local service, and expert local technical support.' The 2007 business plan discussed AFN becoming a retail ISP with the express purpose of gaining additional collective market share. This did not occur as an agreement between AFN and its ISP Retailers was reached in 2007, and the ISP's pledged to actively grow customers. We have recently had discussions with our retailers regarding raising the minimum monthly payment of $1500 and establishing a higher customer growth target to incentify acquisition efforts. If these growth targets are not met within the first two quarters of FY 2010 this business plan assumes that AFN will aggressively market services as a retail internet provider. As a retailer, AFN is not interested in migrating customers from our current ISP's but instead would convert customers using other services such as cable modem, DSL, and dial-up services, along with households that do not yet have a connection. There is some marketplace uncertainty with the imminent business restructuring of Charter Communications. We have seen variations from the original business plan last presented on February 2007. The VOIP (Voice Over Internet Protocol Telephone service) was launched and then due to the corporate reorganization the retailer did not market the product or provide quality of service resulting in sales that did not meet the business plan projections. The underperformance in this VOIP revenue did not negatively affect the bottom- line as the amounts originally projected were projected conservatively at $9,800 this year and $11,200 for FY 2010. Staff recommends the implementation of Wi Max (wireless broadband internet) as "the third pipe" of community broadband connectivity augmenting cable modem and high speed data (fiber) services. Deploying Wi Max services is the most efficient method to reach homes within the city that AFN can't currently service with the wired network due to construction costs. Another advantage of AFN Wi Max is its green powered transmission sites which minimizes the digging up of streets and yards to bury cable. Wi Max creates a culture of use of mobility which fits the needs of the younger demographics. Wi Max will be promoted as AFN, anyplace, anytime, for anyone. Wi Max will enable AFN to extend services to residents and businesses outside of our city's urban growth boundary, providing rural residents with broadband connectivity and substantially increasing AFN's service area reach. Staff has included the capital expense of the Wi Max build. in the Federal Stimulus Package which earmarks $9 billion for the express purpose of building out broadband services to rural areas. As this is a critical 4 February 25, 2009 product innovation to acquire significantly more new customers, and there is no guarantee of acquiring federal funding, the implementation of %VI Max is also projected into our capital expense. AFN staff is working with the League of Oregon Cities for a portion of the federal economic stimulus package designated specifically for expanding broadband services to rural areas. Staff is also communicating directly with offices of our regional and state representatives for Title VI Broadband Technologies Opportunities Program federal stimulus funding. AFN should receive favorable consideration for stimulus funding as we fit the federal criteria of being a rural area, operating a true open access network, our network is municipally owned, we already offer specified broadband speeds, and are ready to build out within 60 days of receiving funds. The entire AFN staff is committed to further growing our internet and high speed customer base and increasing AFN's financial health so we can continue to contribute to the technology debt payment. AFN staff appreciates the passionate support of the business and residential community for our products and services and we pledge to continue to provide our community with new relevant products backed up with friendly local service and expert local technical support. Michael Ainsworth Interim Director of Information Technology 5 February 25, 2009 Where We Are The creation of the Ashland Fiber Network has created a broadband cu11un ofure among Ashland's businesses and residents. The City of Ashland was recently awarded its third consecutive Smart 21 Community Award from the Intelligent Community Forum international organization for social and economic gains in our community dim the use of broadband technology. AFN currently has an estimated market share of 60% with our internet product. The cable television service and the majority of our internet product are retailed and marketed by nine Internet Service Providers / Retailers. Competitive environment includes, Charter Communications, satellite providers, and telephone providers. High Speed Data serves numerous organizations and businesses in Ashland. "AFN Rural Wireless" is AFN's commercial grade radio wireless internet service which is available to over 800 customers outside of our city via a green powered (solar & wind) wireless network. "AFN anywhere" is a limited range wireless 802.11 network that currently serves our visitors and some stationary residents who live in areas unserviceable by our wired AFN service in our city. Neither of these short range wireless services are as robust as Wi Max which will deliver 3-5mbps speeds with blanket service range in miles. There is some marketplace uncertainty with the imminent business restructuring of Charter Communications. Charter has filed for Chapter 11 and news reports of this reorganization will generate consumer confidence erosion in their provider which AFN and its Retailers can leverage toward acquiring more internet and cable TV (retailed by Ashland TV) customers. The community of Ashland thrives with the community broadband connections provided by the Ashland Fiber Network. Business, tourism, education, community organizations, and the average household have all benefited significantly over the years from the telecommunications and competition brought by AFN. This business plan update presents a conservative, realistic view of the next three years. SMART SMART SM~►RT .a a a 00 0~~ 0~9 6 February 25, 2009 Current Financial Summary Fiscal Year 2007/2008 was AFN's first full year of operation without cable TV, which has been retailed by a private business, Ashland TV, since November 1, 2006. We therefore have 18 months of run rates to more accurately trend out expenses and revenues in this business plan update that we originally had when the business plan was last presented back in February 2007. By shedding AFN's cable TV service, we were able to stop operational losses of $341,442 back in FY 2007. In FY 2009, AFN was able to contribute $356,000 toward the technology debt and moving forward AFN will continue to contribute $356,000 to the debt. This is a significant positive variance to the original 2007 AFN Business Plan which projected a substantially less debt payment of $200,000 per year. For the fast six months of this current fiscal year, AFN is right on track for year-to-date budgetary expenses and revenues. This is in large part due to stabilized cable television subscriber counts and net gains of 2.4% in billable internet accounts where we continue to see growth in spite of the economic downturn. Note: Expenses are currently 10% over YTD projections solely due to the timing of the one-time $356,000 debt payment which is not spread out over the 12 month budget year. 2009 YEAR-TO-DATE as of 12/31/08 SIX MONTHS Revenue Expense 2009 Estimate $1,708,389 $1,938,114 YI'D Actual $875,260 $1,232,281 Percent Collected / Expended 51.20% 60% Lote.• Expense includes 356 000 ayment toatechnology debt Expenditure detail report numbers. Year to Date Financial Summary I $2,500,0001' I j $2,000,000 $1,500,000 ■ 2009 Adopted $1,000,000 ■ YMActual ' $500,000' $0'---- - - Fbvenue Expense i I I 7 February 25, 2009 Comparison of Last year's Financials to this year's Estimate 2008 2009 Actual Budget Est. Total Personal Services $627,737 $616,509 Total Materials and Svcs $1,112,017 $1,221,605 Total Capital $163,417 $100,000 TOTAL EXPENSE $1,903,171 $1,938,114 Total Internet Revenue $1,386,343 $1,428,000 Total Cable Revenue $132,124 $112,000 Total High Speed Data Revenue $191,229 $185,000 TOTAL REVENUE Charges for Services $1,709,696 $1,725,000 $2,500,000 $2,000,000 - $1,500,000 i $1,000,000 - $500,000 - - • 2008 Actual ' ■ 2009 Budget Est. $0 a CO ~e ~~~J Eggc~ CP ~a CPy ~ cue A1o~ Note: `Cost of Service includes Operational, Capital expenses AND $356,000 Debt Seance 8 February 25, 2009 Five Year Forecast The following table is a summary of revenues, expenditures, and the associated "net" for the next three fiscal years. This includes all capital expenses for each year. Staff is proposing a $150,000 capital outlay for FY 2010 to launch Wi Max, and therefore the 2007/08 "net" operational cash flow is lower. Total Annual Total Annual Total Annualized Gross Revenue Gross Expense Net FY 2008 $1,709,710 $1,547,200 $162,580 FY 2009 $1,750,500 $1,582,100 $168;400 FY 2010 $1,828,000 $1,813,900 3m FY 2011 $1,930,000 $1,773,300 $156,700 FY 2012 $2,127,800 $1,954,500 $173,300 .$356, 000 debt Layment is not included above x2020 ILi _2%I 50,0.00 abital expens Revenue Summary The assumptions made in projecting revenue are as follows: 1. Wholesale Internet revenues will increase 5% annually 2. Wireless Internet revenue will increase 3% annually through the end of 2009 when we see customers migrate to new Wi Max service in 2010 projected to erode 9% 3. High Speed Data revenue will increase 4% annually 4. Wholesale Internet revenue (revenue from other ISP's) will increase 3% quarter-to-quarter through 2009 and are projected in 2010 and beyond to increase 5% 5. Ashland Home Net will start 1~t Quarter FY 2010 with 21001customers averaging $4.00 per customer per billing month. Cable Television (CATV) revenue will increase 2% annually AFN staff is anticipating some moderate erosion of the AFN Anywhere and AFN Rural Wireless service with some customers migrating to Wi Max services. Anticipated revenues project this impact to one service trending down and another product service gaining customers to feed the revenue bottom line positively. On November 4, 2008, the City Council passed a rate resolution to increase AFN's wholesale Internet prices by 5% to offset projected inflationary expenses that were growing faster than revenues. The new rates took affect January 2009 and are included in this business plan's updated revenue forecasts. We have experienced revenue underperformance of the VOIP product as projected in the original February 2007 Business Plan. The good news is that the overall revenue bottom line has not been negatively affected by the underperforming VOIP product as it represented a small percentage of overall revenue. The reduction or elimination of capital projections detailed in the February 2007 Business Plan for budgetary reasons did result in the reduction of projected revenues. Fortunately the economic downturn has not impacted our principal product line, cable modem internet service, as business and residential users consider this an essential service. The last quarter of 2008 along with end-of-month activity in January 2009, continue to show a positive net customer acquisition trend in spite of the economic downturn. 9 February 25, 2009 Total Charges by Service Revenue Summary by Category Annual Revenue by Product Line Charge s for Services TOTAL Fiscal Wholesale High Retail Retail Retail Annual Year Internet Seed CATV Wi Max Wireless AFN ISP VOIP Gross 2008 $1,323,400 $190,000 $132,000 $0 $24,800 $38,000 $1,600 $1,710,000 2009 $1,355,500 $185,000 $112,000 $0 $33,400 $39,000 $100 $1,725,000 2010 $1,423,275 $192,400 $114,240 $46,000 $25,000 $44,000 $1,200 $1,846,000 2011 $1,494,439 $200,096 $116,525 $165,000 $20,000 $48,000 $2,400 $2,046,500 2012 $1,643,883 $208,100 $118,855 $344,000 $20,000 $52,800 $4,800 $2,392,500 "Charges by services" does not include interest and miscellaneous revenues. 2012 consumptive rates. Wholesale Internet Revenue Summary 5%growtb rate Low Target High Gross Gross Gross Gross Fiscal Monthly Monthly Monthly Annualized Year Revenue Revenue Revenue Revenue 2008 $93,741 $110,283 $115,798 $1,323,400 2009 $96,015 $112,958 $118,606 $1,355,500 2010 $100,815 $118,606 $124,537 $1,423,275 20]1 $105,857 $124,538 $130,764 $1,494,450 2012 $116,443 $136,992 $143,841 $1,643,900 incentb, ISP s to grow in 2010 Revenue Summary for High Speed Data "FTTP" 4%gmwtb rate Low Target High Gross Gross Gross Gross Fiscal Monthly Monthly Monthly Annualized Year Revenue Revenue Revenue Revenue 2008 $13,458 $15,833 $16,625 $190,000 2009 $13,104 $15,417 $16,188 $185,000 2010 $13,628 $16,033 $16,835 $192,400 2011 $143173 $16,675 $17,508 $200,096 2012 $14,740 $17,342 $18,209 $208,100 reflects an actual drop in commercial activity due to economic downturn 10 February 25, 2009 Cable Television Revenue Summary 2%growtb rate Subscriber county stabilized 2009 Low Target High Gross Gross Gross Gross Fiscal Monthly Monthly Monthly Annualized Year Revenue Revenue Revenue Revenue 2008 $9,350' $11,000 $11,550 $132,000 2009 $7,933 $9,333 $9,800 $112,000 2010 $8,089 $9,517 $9,993 4i114,200 2011 $8,252 $9,708 $10,194 ' $116,500 2012 $8,422 $9,908 $10404 $118,900 Revenue Summary for Retail AFN Internet 3%growtb rate - transactional msponse unless ISP° do not meet bencbmark Fiscal Low Target High Year Gross Gross Gross Gross Monthly Monthly Monthly Annualized Revenue Revenue Revenue Revenue 2008 $2,800 $3,100 $3,500 $38,000 2009 $3,825 $3,200 $4,892 $39,000 2010 $4,180 $3,700 $4,977 $44,000 2011 $3,900 $4,000 $5,200 $48,000 2012 $4,028 $4,400 $5,400 $52,800 Revenue Summary for Wireless Internet Flattens out to 0!i Max Tourist Service Low Target High Gross Gross Gross Gross Fiscal Monthly Monthly Monthly Annualized Year Revenue Revenue Revenue Revenue 2008 $1,757 $2,067 $2,170 $24,800 2009 $2,366 $2,783 $2,923 $33,400 2010 $1,771 $2,083 $2,188 $25,000 2011 $1,417 $1,667 $1,750 $20,000 2012 $1,417 $1,667 $1,750 $20,000 11 February 25, 2009 Wi Max Revenue Summary Three year ROI @30% net revenue Customer Target Count Customer Customer Gross Gross Retail Start Monthly Count Monthly Annualized Price Year Gain End Year Revenue Revenue 2010 $30 0 25 265 $3,800 $46,000 2011 $30 295 30 625 $13,700 $165,000 2012 $35 655 30, 985 $28,500 $344,000 Revenue Summary for AFN VOIP Commercial @ $6 per line (first hvo lines) additional liner @ $2.50 each. Residential @ $7 per line. Unrealised revenue of$10,000 Low Target High Target Gross Gross Gross Gross Fiscal Monthly Monthly Monthly Annualized Year Revenue Revenue Revenue Revenue 2008 $6 $192 $205 $1,600 2009 $6 $12 $12 $100 2010 $6 $12 $12 $100 2011 $200 $200 $300 $2,400 2012 $400 $400 $500 $4,800 Breakdown of Total Expense by Percentage Discretionary expenses are controllable by department management and non discretionary expenses are not. Changes to either expenses impact the net revenue bottom line. Discretionary expenses 30% Personal Services 9% Supplies 5% Rental, Repair, Maintenance 2% Licensing Misc. Charges and Fees 2% Other Purchased Services 1 % Communications 5°/U Ca ital 54% Total Non Discretionary expenses 20% Central Services Misc. Charges and Fees 18% Debt payment Misc. Charges and Fees 5% Misc. Charges and Fees 3% Use of Facilities Misc. Charges and Fees 46% Total 12 February 25, 2009 Expense Detail The table below provides more detail of expense history and projections. Personal Services, salaries and benefits increases follow city practices and are projected to increase 5%. An annual 3% increase to Materials and Services is included to account for inflationary increases. One significant expense is noteworthy to point out. Numerous industry sources anticipate bandwidth use to double in the next few years. Staff has projected out this expense below in FY 2012. Capital expenses are based on projections of actual purchases and planned replacement and have been pared down in response to the economic downturn. More specifics for Capital follow on the next page. Actuals Current Year FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 EXPENSE Personal Services Salaries and benefits $627,737 $648,957 $647,300 $679,600 $713,600 Total Personal Services $627,737 $616,509 $647,300 $679,600 $713,600 EXPENSE Materials and Services Supplies $174,844 $188,140 $193,784 $199,598 $325,586 Rental, Repair, Maintenance $72,844 $111,731 $116,200 $120,848 $125,682 Communications $9,283 $16,597 $17,261 $17,951 $18,669 Contractual Services $20,125 $400 $500 $600 $700 Misc. Charges and Fees DEBT 8 Central Services $810,407 $857,995 $900,895 $945,939 $993,236 Other Purchased Services $44,507 $46,700 $49,035 $51,487 $54,061 Total Materials and Svcs $1,132,010 $1,221,563 $1,277,675 $1,336,424 $1,517,935 CAPITAL Equipment $151,881 $70,000 $150,000 $50,000 $50,000 Im mvements Other Than Bld s $11,535 $30,000 $25,000 $25,000 $25,000 Total Capital $163,420 $100,000 $175,000 $75000 $75,000 EXPENSE TOTAL $1,903,171 $1,938,072 $2,099,975 $2,091,024 $2,306,535 REVENUE Internet $1,387,800 $1,423,275 $1,511,175 $1,574,967 $1,726,623 Cable $132,000 $112,000 $114,240 $116,525 $118,885 High S$190,000 $185,000 $192,400 $200,100 $208,100 WI Max $0 $0 $46,000 $165,000 $344,000 Other Interest Misc Investments $99,289 $15,050 $15,500 $15,500 $15,500 REVENUE TOTAL $1,809,089 $1,735,325 $1,879,315 $2,072,092 $2,413,108 OPERATIONAL NET Does Not Include Capital) $49,342 ($102,747 $45,660 $56,068 $181,573 _ NET Includes Capital) $114,078 $202,747 $220,660 $18,932 $106,573 Contribution.to.AFN DebtServke $356,000 $356,000 $356,000 $356;000 $356,000 13 February 25, 2009 Capital With the dire economic situation, forecasted capital projections have been leaned out to absolute critical needs only. The $150,000 Wi Max expenditure is critical for customer acquisition and retention. The Capital projections listed in the table below are the same as indicated in the City's Capital Improvement Plan (CIP). GIS Relocate Spatial Wireless Network Server Fiberw Data WiMax FTFP Buildout Refresh Routers Replace Printer CMTS Bevel Engine TOTAL 2009 SO s0 $0 $20,000 $20,000 50 50 5125,000 SO $0 $165,000 2009 SO $15,000 $20,000 525,000 -520,000 $20,000 so so SO $0 $100,000 2010 $150,000 S10,OW $5,000 $10,000 5o SO SO SO SO SO $175,OW 2011 $18000 510,(X-0 55,000 510,000 SO 515,000 520,(X)0 SO 55,000 SO $75,000 2012 510,000 510,000 57,000 51(1,000 50 SO S)" O SO 520,000 S24,000 $75,000 Network Refresh AFN technicians and network engineers perform routine network refreshing replacing worn `bits and pieces' on a regular basis. However, last year we performed the first significant equipment refresh in nine years of AFN's existence with the replacement of the Cable Modem Termination System. The CMTS is a system of devices located in the head-end that allows AFN to offer high-speed Internet access to home computers. As cable modems cannot communicate directly with each other they must communicate by channeling their signals through the CMTS. The new CMTS allowed AFN to provide the several tiered intemet service packages with significantly faster speeds and better quality of service. AFN staff also continue to perform planned maintenance and replacement of other key network components to include; optical nodes, power supplies and batteries, and other active devices in the outside plant, as they reach end-of-service lifecycles. AFN Anywhere, Anytime, for Anyone "Wi Max/FTTP" In order to provide relevant services to our customers we constantly look to and plan for the future in order to ensure the community continues to enjoy the benefits of state-of-the-art telecommunications products and services. For the past several months AFN Customer Service has been receiving 10-15 unduplicated inquires per month for wireless services. The deployment of Wi Max services is an option we need to do now and will benefit our citizens and community: • Provide greater access to the intemet for our residents and neighbors. Most cost effective manner to build out network to reach over 1,300 homes AFN can't not currently service. • Provide broadband services beyond our urban growth boundaries to include rural homes in the broadband culture of use promoted by President Obama • Minimize the digging up of streets and yards to bury cable to reach new customers • Green solar powered tower sites • Provide Ashland's younger demographic with the mobile services they use and rely on. • Create a "mobile Ashland" community of use which may create new business and social opportunities for Southern Oregon University, Ashland School District students, faculty, and 14 February 25, 2009 'I graduates, along with Ashland businesses, and visitor services including Oregon Shakespeare Festival. • Provide First Responders with mobile data access for 911 and other emergent and non emergent data systems. • Provide the City of Ashland employees and its partner's access to permitting, code, and inspection and geospadal information systems. • Mobile Ashland would represent one critical service to make Ashland more attractive to younger adults and help retain these family-aged demographics living in Ashland. Revenue projections are predicated on the deployment of Wi Max services and if we determine not to deploy Wi Max, staff will have to revise the revenue figures. WHe the future of technology is rarely crystal clear, we can make educated projections of future needs and what products will best fill those needs. This business plan allows for the continued build-out of the wireless internet product we currently have deployed in parts of the city. It also includes a planned migration to a Wi Max solution that is the next generation of wireless internet. Wi Max is AFN's `third pipe" of connectivity augmenting cable modem and fiber-to-the-premise services. Wi Max is AFN's solution for unmet customer needs and to complete unfinished business of building out AFN's network so everyone in our community- will have the option of choosing AFN as their Internet service. Marketing AFN Wi Max will primarily target new customer acquisition, with a secondary concurrent focus to sell ala carte service to existing (wired) customers as a modest add-on monthly fee. We have two primary customer demographics to serve. The younger customer's lifestyle revolves around portability and we believe AFN Wi Max will meet their communications and entertainment needs. The older demographic customer seeks the wired solution for their homes. Within the next three years significantly more residential customers will mm to the Internet for entertainment offerings such as high definition programming, video on demand, full length movie downloads which require the bandwidth of fiber to the premise (FTTP) and AFN has the capability to meet these market demands right now. AFN has been providing I= to businesses and a few homes in Ashland for the past ten years. Wi Max and FTTP are not risky technologies; they are proven products now being rolled out to meet customer demand in large cities, such as Portland. Residents, visitors, and businesses in Ashland also demand metropolitan technology products so they can enjoy the quality of life in small town, Ashland, while keeping connected to the world with their Ashland Fiber Network. We've included continued fiber to the premise installations for those with high-bandwidth application requirements as we continue to field requests for direct fiber service. AFN is working with the League of Oregon Cities for a portion of the federal economic stimulus package earmarked for building out broadband services to rural areas. Staff is also communicating directly with offices of our regional and state representatives for Title VI Broadband Technologies Opportunities Program federal stimulus funding. AFN should receive favorable consideration for stimulus funding as we fit the federal criteria being in a mral area, with an open access network, municipally owned, already offer specified broadband speeds, and are ready to build out within 60 days of funding. President Obama is also pushing our nation to create electric power "Smart Grids", so that load management can be managed and better utilized when connected to a broadband network. Innovation, efficiencies toward controlling our consumption of renewable and non renewable resources are all tied into connectivity to the community of the entire planet. The Ashland Fiber Network will continue to look ahead to the near future for bona fide technology products to meet the future demands of our customers and to improve their lives with technology. AFN's business philosophy: we are not a supply side 15 February 25, 2009 driven enterprise but instead we are driven to meet our customer's demand for technology by providing meaningful services for our residents and businesses. Industry trends are showing more customers are switching from stationary desktop workstations to portable laptops increasing demand for wireless services. The deployment of Wi Max will enable AFN to promote community wide roaming connectivity. Wi Max Revenue Projections Customer Target Count Customer Customer Gross Gross Retail Start Monthly Count Monthly Annualized Price Year Gain End Year Revenue Revenue 2010 $30 0 25 265 $3,800 $46,000 2011 $30 295 30 625 $13,700 $165,000 2012 $35 655 30 985 $28,500 $344,000 Wi Max Customer Acquisition Three ear ROL Customer ac uisition includes ala carte subscribers Jul Au Sept Oct Nov Dec Jan Feb March Aril May June Annual 2010 customers 0 15 40 65 90 115 140 165 190 215 240 265 $30 $0 $450 $1,200 $1,950 $2,700 $3,450 $4,200 $4,950 $5,700 $6,450 $7,200 $7,950 $46,200 2011 customers 295 325 355 385 415 445 475 505 535 565 595 625 $10,65 $11,55 $12,45 $13,35 $14,25 $15,15 $16,05 $16,95 $17,85 $18,75 $165,60 $30 $8,850 $9,750 0 0 0 0 0 0 0 0 0 0 0 2012 customers 655 685 715 745 775 805 835 865 895 925 955 985 $22,92 $23,97 $25,02 $26,07 $27,12 $28,17 $29,22 $30,27 $31,32 $32,37 $33,42 $34,47 $344,40 $35 5 5 5 5 5 5 5 5 5 5 5 5 0 Revenue Summary for Voice over Internet Protocol (VOIP'relep11011e) - The VOIP service was created in response to perceived customer demand, which was moderate at best. VOIP represented a small percentage of AFN's overall revenue line and there was no capital outlay. We experienced modest initial results with the thud party retailed VOIP product in fiscal year 2008. However, our private vendor partner went through a corporate reorganization which negatively impacted their commitment to our region and seriously eroded the VOIP customer base. Markeung caveat: Customers attracted to VOIP are usually motivated by the low price and promises of high voice quality and free long distance calling. Typically these customers have higher expectations than some of these VOIP products have recently delivered. AFN will not participate in a roll out of a VOIP product that cannot meet customers' expectations. AFN will determine if this service should be aggressively marketed when customer feedback is meaningful and/oc there is a change in the market. AFN continues to explore all options and in the past two months, staff has met with several providers regarding new partnerships and revenue sharing opportunities with the private vendor providing upfront capital VOIP investment while AFN provides regional marketing resources. We currently are in discussions 16 February 25, 2009 with a proven local vendor who has recently ordered a quarter million dollar telephone switch. Projections below are extremely conservative to reflect the dynamic nature of this product. As there is no firm agreement, VOIP revenue projections are candidly conservative. Revenue Summary for AFN VOIP Low Target High Target Gross Gross Gross Gross Fiscal Monthly Monthly Monthly Annualized Year Revenue Revenue Revenue Revenue 2008 $6 $192 $205 $1,577 2009 $6 $12 $12 $100 2010 $6 $12 $12 $100 2011 $200 $200 $300 $2,400 20]2 $400 $400 $500 $4,800 Commercial @ M per line (first two lines) additional liner @ 52.50 each. Residential @ 57 per line. 17 February 25, 2009 Summary AFN is financially healthy, contributing annual amounts of $406,000 toward the City's Central Services fund along with $356,000 toward the technology debt payment each year. AFN staff is focused on growing our customer base so we can provide metropolitan broadband services to our small community with AFN's unique competitive advantage of providing friendly local customer service and local expert technical support. This updated business plan forecasts the revenue and expenses for the next three fiscal years. This business plan will be used to create the new fiscal year budget along with subsequent budgets. Staff will update this business plan on an annual basis to insure it is tied directly to the approved budget. Staff continues to perform research to forecast significant changes and opportunities with our products and services and we have maintained an excellent working relationship with our ISP Retailers. Presently we strongly suggest that Wi Max service is something we need to do now so we can extend the reach of AFN's network in the most cost efficient manner, without having to dig up streets or yards. Wi Max will allow AFN to increase market share and grow our customer base. Wi Max does not create an immediate incremental operational expense increase and the capable AFN staff will build the Wi Max network, and perform the day-to-day operation tasks. Wi Max is the critical technological innovation to insure that AFN stays competitive and relevant to our community, and represents our largest `bang for the buck'. AFN staff also feels that our High Speed Data product, a.k.a. "FITP", or fiber to the premise (home or business) will experience demand increase in the years ahead as people seek more robust bandwidth to download high definition programming, HD video on demand, gaming, and other entertainment applications for their convergent devices. Industry experts are anticipating intemet bandwidth use to double in the next two years as users download larger files. AFN staff has budgeted for our bandwidth expense to double in 2012. Our current monthly bandwidth is at 200meg. To offset increased bandwidth expense, AFN will adjust its wholesale and retail rates to a consumptive rate structure following industry trends. The industry is modeling rate structure to keep pace with the change in service use. Typically the model suggests that 10% of the customer base will use excessive bandw dth and will pay an additional monthly amount for consumption over and beyond the average monthly maximum. The majority of users will typically not exceed this monthly bandwidth limit and will not see an additional monthly fee. In summary, AFN staff, along with our ISP Retailer partners will continue to provide our community with robust broadband services with AFN's competitive advantage of providing personalized local service and expert local technical support. 18 February 25, 2009 C I T Y OF ASHLAND Council Communication TSP Plan Update Status Meeting Date: March 3, 2009 Primary Staff Contact: Michael R. Faught 552-2411 Department: Public Works E-Mail: faughtm@ashland.or.us Secondary Dept.: Finance n( Secondary Contact: Jim Olson 552-2412 Approval: Martha Benne Estimated Time: 10 minutes Question: Will the City Council consider halting the adoption of the recent partial Transportation System Plan (TSP) update in order to begin a comprehensive TSP update that incorporates the work that has been completed to date? Staff Recommendation: Staff recommends that the Council halt the adoption of the partial Transportation System Plan (TSP) update in order to begin a comprehensive TSP update that incorporates the work that has been completed to date. Background: At the October 6, 2008 Council Study Session, the consultant selected to complete the partial TSP update (HDR) presented the final draft of the partial TSP update. This process was not meant to be a complete update of the TSP, and as such, focused on the following: • Updating TSP Chapter 4 (Existing Conditions and Constraints) • Projecting future traffic • . Prioritize and update the transportation CIP list • Update all construction cost estimates on CIP list • Updating and complete Transportation SDC with projects and costs • Updating TSP chapters as applicable • Assessing existing transit system o Identifying needs o Consulting with stakeholders and asking them • What are the needs ■ What is working ■ What is not working o Developing recommendations The consultant (HDR) provided a list of 37 street improvement projects valued at $113 million over 20 years, 51 pedestrian-only projects valued at $27 million, 12 bicycle projects valued at $6 million and traffic signal projects valued at $3.2 million. In addition, the sub consultant (Nelson/Nygaard) presented upgraded transit options and subsequent costs based on community input. While there was no action taken at the October 6, 2008 study session regarding the TSP update, the Council expressed support of the work that had been completed at that point. Given that, staff began Page I of 3 ~r, CITY OF ASHLAND working on the next step in the process which is to formally adopt the TSP update. That adoption process requires a comprehensive plan amendment, which in turn requires the Planning Commission and the City Council to hold public hearings. This process provides.valuable public input on the final product, and as such will take several months to complete. The work that has been completed to date is comprehensive and valuable; however, the other components of the ten-year-old TSP (access management, future roads, multi-modal options commuter rail, transit, bicycle, and pedestrian systems), green street standard specifications options, and compliance with the new Transportation Planning Rule also need to be updated as soon as possible (July,2009). Given that, staff thinks that it would be inefficient and confusing to the public to proceed with the adoption of the partial TSP update now. Therefore, staff recommends halting the current work on the partial TSP update and moving forward with the comprehensive TSP update incorporating the recent work into the new plan. While staff believes this is the best course of action, there are some impacts to this decision. The first potential impact is that the partial TSP update recommends increases in the Transportation SDC -(TSDC) fees. Waiting for the comprehensive TSP update will mean that the City will not be able to collect those increased' TSDC fees for new development that occurs while the TSP process takes place (estimated at a couple of years). However, the current economic situation has reduced development to the point that any potential lost revenues from increased SDC are expected to be minimal. The second potential issue that may arise by halting the partial TSP update at this point is that the update recommended adding a new street, Clear Creek Drive Extension, to the SDC eligible Capital Improvement List. A local developer recently completed the construction of a portion of Clear Creek Drive Extension and if the street were added to the SDC eligible list then the developer could request a SDC credit. Delaying this process extends the time that the developer has to wait to submit a SDC reimbursement request. However, if Clear Creek Drive is included in the new SDC eligible Capital Improvement list with the comprehensive TSP update and the Council adopts the document, Resolution 99-42 provides language that allows the developer to request the reimbursement once the new street is added to the SDC eligible list. Even with the potential impacts, staff believes that it is important to process only one comprehensive TSP update at a time that meets Ashland's needs over the next twenty years. Related City Policies: N/A Council Options: Council options include: 1) The City Council could decide to approve staff's recommendation to halt the adoption of the partial Transportation System Plan (TSP) update in order to begin a comprehensive TSP update that incorporates the work that has been completed to date. 2) The Council could decide to direct staff to complete the partial TSP adoption process. 3) The Council could recommend modifications to staffs recommendation. Page 2 of 3 pr, CITY OF ASHLAND Potential Motions: Council's options following the logic above include: 1) Move to approve staff's recommendation to halt the adoption of the partial Transportation System Plan (TSP) update in order to begin a comprehensive TSP update that incorporates the work that has been completed to date. 2) Move to direct staff to complete the partial TSP adoption process. 3) Move to modify staffs recommendations. Attachments: None Page 3 of 3 CITY OF ASHLAND Council Communication Wildlife Policy Discussion Meeting Date: March 3, 2009 Primary Staff Contact: Ann Seltzer Department: Administration E-Mail: seltzeraPashland.or.us Secondary Dept.: None Secondary Contact: None Approval: Martha Benn Estimated Time: 15 minutes Question: How does the Council wish to respond to citizens requests that the City adopt a local policy for dealing with wildlife? Staff Recommendation: Staff recommends Council discuss whether the City should conduct a public outreach campaign to provide information to residents about how they can reduce conflicts between residential uses and wildlife. Background: At the February 17 regular meeting, Council heard from citizens asking for a local policy to handle future cougar encounters. In researching this issue, Staff has concluded that State of Oregon regulations preclude any City from adopting policies about whether animals should be left alone, relocated, or killed. Currently the ODFW Cougar Management Plan (www.dfw.state.or.us/wildlife/cougar/) prohibits the removal, relocation and release of cougars to other locations and ORS 498.166 addresses the issue of bears and cougars which pose a threat to human safety. City Staff recommend the Council encourage citizens who want to change state policy to work with our State legislature officials, who are best positioned to effect ODFW policy. If the Council determines that it wishes to do something, it may consider a policy that focuses on increased citizen education of mitigating practices that encourage wildlife in urban settings. If desired, the Council can discuss policies that ban practices known to encourage wildlife. Suggested Discussion Points • Enhance efforts to educate Ashland citizens about bear and cougar using the ODFW educational materials and implement using current communication tools, including City Source, brochure racks and website. • Ban or restrict activities known to encourage wildlife: o Ban outdoor bird feeders and feeding pets out of doors o Require residential trash and recycle bins be located indoors (garages, sheds etc.) and/or purchase bear proof bins o Prohibit composting meat scraps o Prohibit wildlife salt licks. Note: Banning or restricting activities will have enforcement issues which may be difficult in our existingfiscal climate. Page 1 of2 ~r, CITY OF ASHLAND Related City Policies: Ashland Comprehensive Plan Goal: To Preserve Existing Wildlife Habitats and Natural Areas Within the City Wherever Possible, IV-41 - IV-44. Council Options: 1) Council can direct staff to draft a policy consistent with the discussion at this meeting for Council consideration at a future meeting. 2) Council can direct staff to increase wildlife management education outreach without creating a separate policy. 3) Council can encourage citizens to contact State legislators for the purpose of changing State law and practices. Potential Motions: 1) I move to direct staff to draft a wildlife management policy for Council consideration at a future meeting. 2) I move to direct staff to increase wildlife management education outreach using existing city communication tools. Attachments: • Memo to Martha Bennett dated February 13, 2009 • ODFW Guidelines for living with cougars Page 2 of 2 a., ~ ~ r v r ASHLAND Memo TO: Martha Bennett, City Administrator FROM: Ann Seltzer, Management Analyst DATE: February 12, 2009 RE: ODFW policy on Cougar Management Oregon Department of Fish and Wildlife OAR Cougar Management Plan www.dfw.state.or.us/wildlife/cougar/ Adopted by the Fish and Wildlife Commission in 2006 Chapter VIII, appendix B 2) When "Behavior Pattern Criteria" as listed below do indicate a concern and it is practical to do so, ODFW will attempt to remove offending cougars. All animals contacted under these circumstances will be humanely euthanized. Under no circumstances will ODFW or its agents attempt to trap and re-locate cougars, because a chance of human attack and/or continuing damage or human conflict exists. If one or more of the following criteria are satisfied, the decision to destroy the animal due to concerns over human safety is justified. Behavior Pattern Criteria: a) Aggressive actions directed toward a person or persons, including but not limited to charging, false charging, growling, teeth popping and snarling; b) Breaking into, or attempting to break into, a residence; c) Attacking a pet or domestic animal as defined in ORS 167.310; d) Loss of wariness of humans, displayed through repeated sightings of the animal during the day near a permanent structure, permanent corral or mobile dwelling used by humans at an agricultural, timber management, ranching or construction site. 3) Where cougar(s) are causing damage, being a public nuisance, or posing a public health risk, and ODFW personnel or its agents are called to respond, the animal will be humanely euthanized. Under no circumstances will consideration be given to re-location of cougars. 4) In the case of lethal removal of a lactating female cougar, all reasonable attempts will be made to locate juveniles and capture these animals alive. If successful, juveniles shall first be offered to any bona fide educational facility (member: AZA) for display and/or educational purposes. If no such permanent home can be found, juvenile(s) shall be humanely euthanized. Because of potential for future human interactions and danger, no attempt shall be made to rehabilitate and release juvenile cougars in Oregon. 5) Under no circumstance will attempts be made to rehabilitate any cougar for release into Oregon. All animals contacted by ODFW or its' agents as a result of disease, injury, vehicle accident, or other causes, shall be humanely euthanized. Attempts will be made to place captured juveniles as in 4) above. However, if unsuccessful, juveniles will be humanely destroyed. All opportunities to explain and educate the public about the rationale behind lethal removal shall be utilized. These include not only the potential for future danger, but also cougar population biology (particularly territoriality and intra-specific competition and mortality), legal liability, and our policy of not moving a potential problem animal to another location where someone else's pets, livestock, or family could be put at risk. All efforts to prepare and respond in a positive manner will be made by all personnel involved in public contacts related to cougar Per Rick Boatner, Wildlife Biologist ODFW Salem office Once a cougar is humanized it can't be put back into the wild where it might come into contact with a human (hiker, fisherman etc.) If the cougar is accustomed to humans it would not exhibit normal behavior and run off. It might see the human as prey because it is accustomed to a human scent. Cougars have a large home range, often exceeding 150 square miles. They have very strong homing instincts and could work their way back to the community where it was removed and or, because it is accustomed to humans, make their way to another community. The largest predator for a cougar is another cougar. If ca cougar is released into an area where there is a dominate tom cat, the released cougar is prey for the cougar already in the area. Most cougars in human populated areas are younger cougars looking to establish territory. If the cougar in Ashland had been in a location in town where ODFW could have tranquilized the animal and then tracked the animal until it was immobilized, ODFW would have removed the cougar and euthanized it. It would not have been released into the wild. The only exception to euthanizing is if the animal is a kitten. A kitten is not released into the wild, but ODFW does attempt to locate a zoo or refuge willing to take the kitten. Failing that, the kitten is euthanized. ORS 498.166 Bears or cougars posing threat to human safety. Notwithstanding the licensing and tag requirements of ORS 497.102 and 497.112, a person may take a cougar, gray wolf or bear that poses a threat to human safety. Threat to human safety' means the exhibition by a cougar, gray wolf or bear of one or more of the following behaviors: (A) Aggressive actions directed toward a person or persons, including but not limited to charging, false charging, growling, teeth popping and snarling. (B) Breaking into, or attempting to break into, a residence. (C) Attacking a pet or a domestic animal as defined in ORS 167.310. (D) Loss of wariness of humans, displayed through repeated sightings of the animal during the day near a permanent structure, permanent corral or mobile dwelling used by humans at an agricultural, timber management, ranching or construction site.". What can Ashland do? • Enhance efforts to educate Ashland citizens about bear and cougar using ODFW educational materials. • Ban or restrict activities known to encourage wildlife: o Ban outdoor bird feeders and feeding pets out of doors o Require residential trash and recycle bins be located indoors (garages, sheds etc.) and/or purchase bear proof bins o Prohibit composting meat scraps ODFW Tips Some common: sense guidelines can keep'you and your neighborhood safe. Walk pets during the day and keep them on a leash. Keep pets indoors at dawn and dusk. Shelter them for the night. Feed pets indoors. Don't leave food or garbage outside. Use animal-proof garbage cans if necessary. Remove heavy brush from near the house and any play areas. Install motion-activated light outdoors along walkways and driveways. Be more cautious at dawn and dusk when cougars are most active. Do not feed any wildlife. By attracting other wildlife, you may attract a cougar. Keep areas around bird feeders clean. Deer-proof your garden and yard with nets, lights and fencing. Fence and shelter livestock. Move them to sheds or bams at night. Report any cougar sighting or encounter to a local ODFW office or Oregon State Police office.