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HomeMy WebLinkAbout2013-0521 Council Agenda PACKET CITY OF ASHLAND Important: Any citizen may orally address the Council on non-agenda items during the Public Forum. Any citizen may submit written comments to the Council on any item on the Agenda, unless it is the subject of a public hearing and the record is closed. Time permitting, the Presiding Officer may allow oral testimony. If you wish to speak, please fill out the Speaker Request form located near the entrance to the Council Chambers. The chair will recognize you and inform you. as to the amount of time allotted to you, if any. The time granted will be dependent to some extent on the nature of the item under discussion, the number of people who wish to speak, and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL May 21, 2013 Council Chambers 1175 E. Main Street Note: Items on the Agenda not considered due to time constraints are automatically continued to the next regularly scheduled Council meeting [AMC 2.04.030.E.] 7:00 p.m. Regular Meeting 1. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENTS V. APPROVAL OF MINUTES 1. Study Session of April 29, 2013 2. Business Meeting of May 7, 2013 VI. SPECIAL PRESENTATIONS & AWARDS 1. Bicycle Friendly Community award presentation VII. CONSENT AGENDA 1. Approval of minutes from committees, and commissions 2. Liquor license application for Susan Means dba Milagros Fresh Mexican 3. Request for approval of AFG SAFER grant application through the Department of Homeland Security 4. Request for sewer connection to a residence located outside the city limits and within the urban growth boundary 5. Resolution transferring appropriations within the FY 2012-13 Budget 6. Resolution authorizing and approving a State revolving fund loan agreement to finance wastewater system projects i I~ COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9 VISIT TIME CITY OF ASHLAND'S WEB SITE AT W WW.ASHLAND.OR.US 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)) 1. First reading of an ordinance granting a timetable extension to the Verde Village Subdivision Development Agreement 2. Public hearing to consider increasing water, wastewater, transportation, and storm d'rain utility rates. 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 None. XI. NEW AND MISCELLANEOUS BUSINESS 1. Council direction for the Historic Commission and the Community Development Department to create a Historic Marker Program 2. Fiscal Year 2012 -13 Third Quarter Financial Report: January - March 2013 3. Approval of FY14-15 Capital Improvement Program and FY16 -19 Projects in concept XII. ORDINANCES. RESOLUTIONS AND CONTRACTS None. XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS' 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 I). COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9 VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US City Council Special Study Session April 29, 2013 Page I of 2 MINUTES FOR THE SPECIAL STUDY SESSION ASHLAND CITY COUNCIL Monday, April 29, 2013 Siskiyou Room, 51 Winburn Way Mayor Stromberg called the meeting to order at 5:34 p.m. in the Siskiyou Room. Councilor Rosenthal, Marsh, Morris, Voisin, and Slattery were present. Councilor Lemhouse was absent. 1. Discussion with Donna Mickley of the Forest Service regarding Mount Ashland Association project and relationships between MAA, the Forest Service and the City of Ashland City Attorney Dave Lohman provided a brief summary of the Mt. Ashland Association (MAA) agreement where the City surrendered the SUP (Special Use Permit) to the U.S. Department of Agriculture Forest Service (US Forestl Service), terminated the lease and transferred the property to MAA. Also in the agreement MAA made assurances they would comply with DEQ's (Department of Environmental Quality) TMDL (Total Maximum Daily Loads) for Reeder Reservoir, retain restoration funds, provide advance notice to the City of construction, earth movement or logging with the City conducting on-site monitoring and inspection during those activities. Section 4 (E) of the agreement stated MAA would start the portion of the expansion identified as Phase 1 only after they received full funding for that phase. The agreement described Phase 1 as a list of projects defined by the permits the US Forest Service issued. Donna Mickley, the district ranger for the Rogue Valley Siskiyou National Forest explained the final EIS (Environmental Impact Study) required MAA to present the projects included in each Phase to the US Forest Service and ensure each project had a logical beginning and end. Additionally, MAA needed to have the financial means to do the portion they are working on. Once submitted, the US Forest Service reviewed and approved the Phase project by project. This included a recent submittal to cut timber to expand existing runs, add spaces to the parking lot, and re-contour the Sonnet run. The US Forest Service approved Project 1 to widen existing runs. Per the Record of Decision, MAA was required to prepare and submit a phased development plan that detailed specifically how and when activities would occur, provide mitigation measures, and construction documents reviewed by professional engineers. Also required for each project was an implementation plan with a list of specific mitigations requiring approval from the US ForestService prior to implementation of any project. The US Forest Service would then conduct a peer review and financial assessment before authorizing MAA to proceed. To date MAA had not submitted the site-specific plans required for Projects 2 and 3. Ms. Mickley clarified Projects 1-3 were within the existing area MAA was operating. MAA needed the full amount required before proceeding to create the new runs. Mr. Lohman noted the prior motion made during the October 4, 2011 Council meeting where Council approved 5-1 to allow the US Forest Service to determine final details of Phase I through permits issued to MAA. Ms. Mickley reiterated the need for MAA to provide funding upfront. When the US Forest Service received the financial determination of the entire piece, they might approve moving forward in sections. Ms. Mickley confirmed the US Forest Service did the financial determination for Project 1 only. Project 2 and 3 were connected and MAA needed to provide a cost estimate and have funding for both projects in place prior to the US Forest Service review. City Council Special Study Session April 29, 2013 Page 2 of 2 Public Works Director Mike Faught explained the US Forest Service and DEQ were the regulatory agents with the City participating through collaboration. The City hired David Evans and Associates to review the plans to protect the watershed and had staff onsite daily monitoring the current project. Ms. Mickley furthel explained MAA would have to submit detailed operation plans for Projects 2 and 3 that showed equipment, topsoil uses, sequencing of events, process, and time. The US Forest Service would review the plan, comment, and forward it to the City for review. The US Forest Service would involve an Engineer from the Klamath-Siskiyou Region since part of the parking lot was on the Klamath side of the range. Ms. Mickley confirmed MAA had $250,000 and provided the parameters used for widening and re- contouring the runs and inspections. She went on to explain the MAA-City of Ashland agreement and the Memo of Understanding between the US Forest Service and the City defined the City's rights. If the Council strongly opposed a project, the US Forest Service would review the objection and look for ways to mitigate the situation. The US Forest Service would not push something forward if it did not make logical sense. If something went awry in the watershed, the US Forest Service would shut down the expansion. City Administrator Dave Kanner noted in the 1929 agreement between the City and the US Forest Service, if the City was not satisfied with the protective measures the US Forest Service had taken, the City could take protective measures at their own expense. Mr. Lohman added the agreement did not have provisions for mediation or a remedies clause. The City could go to court to request damages. If nothing had happened but the City suspected something might, the City could seek conjunctive relief based on something MAA failed to do. Ms. Mickley addressed the parking lot expansion and explained the US Forest Service had specifics regarding sediment basins and funneling cap water. Currently MAA had a design to use culverts and the US Forest Service wanted them to use sheet flow. This was an example of the mitigations the US Forest Service was recommending. Another example was having MAA consider controlled blasts for the rock cliff above the parking lot. She went on to clarify performance bonds were not a requirement for MAA. Meeting adjourned alt 6:22 p.m. Respectfully submitted, Dana Smith Assistant to the City Recorder ASHLAND CITY COUNCIL MEETING May 7, 2013 Page I of 4 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL May 7, 2013 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 Councilor Voisin, Morris, Slattery, Rosenthal, and Marsh were present. Councilor Lemhouse arrived at 7:18 p.m. MAYOR'S ANNOUNCEMENTS Mayor Stromberg announced vacancies on the Housing, Planning, Transportation, and Tree Commissions and one vacancy on the Band Board. APPROVAL OF MINUTES The minutes of the Study Session of April 15, 2013, Executive Session of April 15, 2013 and Business Meeting of April 16, 2013 were approved as presented. SPECIAL PRESENTATIONS & AWARDS The Mayor's proclamation of May as National Historic Preservation Month was read aloud. Oregon Regional B li siness Manager Steve Vincent from Avista Utilities presented a $5,500 check for the energy conservation effort by the Fire Department with the installation of infrared heaters at Fire Station No. 2. CONSENT AGENDA 1. Approval of minutes from committees, and commissions 2. Authorization Ito proceed with a directly awarded contract for the rehabilitation of the Atkinson Bridge in Lithia Park 3. Public contract award for Electric Cost of Service and Rate Study 4. Public contract award for 4x4 backhoe loader with hydraulic thumb 5. Public contract award for 4x4 backhoe loader with extendable dipper stick 6. Liquor license application for Erik Brown dba Amuse Restaurant 7. Liquor license application for Jamie North dba Mix Sweet Shop 8. Liquor license application for Melissa McMillan dba Sammich 9. Approval of a contract amendment for city forestlands prescribed burning 10. Special procurement request for approval for wildfire fuels reduction and education Councilor Rosenthal, Slattery, and Morris pulled Consent Agenda items 42, 3, 4, and 5 for discussion. Parks & Recreation Superintendent Bruce Dickens addressed the Atkinson Bridge rehabilitation in Lithia Park and explained the project would resurface the bridge and included the walking surface, outsides, and lampposts. Director of Electric/IT Mark Holden explained the Electric Department needed to review cost of service to determine classification of the customer and actual cost to serve customers. Cost of service studies typically occurred in five-year cycles. It was 10-12 years since the City conducted the last cost of service study. The study required a level of expertise not found in-house. Staff sent bids locally, statewide and ASHLAND CITY COUNCIL MEETING May 7, 2013 Page 2 of 4 throughout the northwest and received 12 responses with no response from the bids sent locally. The Bonneville Power Administration set half of the cost for service through a fixed rate that changed yearly. The study would focus on the cost of infrastructure to determine service costs. Councilor Lemhouse arrived at 7:18 p.m. Public Works Director Mike Faught explained all City equipment was on a replacement schedule. Street Supervisor John Peterson and Wastewater Collections Supervisor Jason Robustelli described how old the backhoes were, frequency of use and how vital they were for to operations. Councilor Voisin/Slattery m/s to approve Consent Agenda items. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS (None) PUBLIC FORUM (None) UNFINISHED BUSINESS (None) NEW AND MISCELLANEOUS BUSINESS 1. Appointment to Audit Committee of a citizen member, a Council liaison, and a Budget Committee liaison City Recorder Barbara Christensen explained there were three vacancies. One position would replace Guy Nutter and the others were Budget Committee Liaison and Council Liaison. Roberta Stebbins expressed interest for the position that would expire April 30, 2016. The Budget Committee selected Chuck Keil as the Budget Committee Liaison for a term that would expire April 30, 2014 and Council needed to select a Councilor or the Mayor as the Mayor/Council Liaison for a term that would expire April 30, 2014. Councilor Lemhouse/Slattery m/s to appoint Councilor Voisin as Councilor/Mayor liaison to the Audit Committee with a term to end April 30, 2014. Voice Vote: all AYES. Motion passed. Councilor Morris/Lemhouse m/s to appoint Roberta Stebbins to the Audit Committee with a term ending April 30, 2016. Voice Vote: all AYES. Motion passed. Councilor Slattery) em house m/s to approve the appointment of Chuck Keil as Citizen Budget Committee Liaison to the Audit Committee with a term ending April 30, 2014. Voice Vote: all AYES. Motion passed. 2. Report on crime in Ashland, the enhanced law enforcement area, and use of force by the Ashland Police Department Police Chief Terry Holderness explained part one crimes were reported annually to the FBI and included Homicide, Rape, Robbery, Aggravated Assault, Burglary, Auto Theft, and Larceny. Ashland's part one crime rate was down 8.9% for 2012. Violent crimes, Homicide, Rape, Robbery, and Aggravated Assault slightly increased inl Ashland due to the definition of rape changing by the federal government in 2012, and the Ashland Police Department's new reporting policy that resulted in a higher percentage of rape and sexual assaults repo ed. During 2012 the police used force 40 times, 31 involved the lowest level control hold, or the subject was forced against a solid object usually a vehicle, wall, or the ground because they did not want to be handcuffed. Nine other cases involved extensive struggles with one involving the use of a Taser. There ASHLAND CITY COUNCIL MEETING May 7, 2013 Page 3 of 4 were 10 incidents where suspects received minor injuries with two suspects requiring medical attention. Eight officers received minor injuries and two officers required medical treatment. The majority of incidents requiring use of force involved alcohol. During 2012, officers received a minimum of 20 hours training related to use of force. The Police Department arrested approximately 2,000 people a year. The Enhanced Law Enforced Area ordinance that went into effect August 2012 resulted in nine people trespassed from the downtown. Of the nine people who qualified, five left town without being served. Of the four remaining, two left the area and the police arrested the other two six times each for violating the ordinance. Both subjects had significant histories of having problems in the downtown area and prior to the Enhanced Law Enforced Area, officers were dealing with these individual 2-3 times a day. To date there were 30 incidents less than the past but this did not include the summer months. The major increase in calls regarding disorder during 2012 had diminished and was not happening this year. Assistant City Attorney Doug McGeary explained how one of the individuals who violated the enforcement area six times was actually showing up for court because he wanted to get back into the downtown area. Part of his sentence was expulsion and going to the Talent Work Center (Community Justice Transition Center). This particular individual had a drinking problem and several theft convictions. Chief Holderness added the Jackson County Jail was too small and they were not keeping people for minor offenses. If released, they received a ticket and had to find their own way back to Ashland. This created a significant inconvenience for them and acted as a deterrent. The 35 violent crimes that occurred during 2012 consisted of 12 rapes, 5 robberies, and 17 aggravated assaults. Driving under the influence of intoxicants (DUII) was a part two crime and not included in the report. In hindsight, Chief Holderness thought the ordinance should include personal possession of marijuana of less than an ounce. When an officer used force, they wrote a Use of Force Report in addition to the Police Report. The Sergeant on duty reviewed and approved the report. If it was a significant use of force, the Sergeant initiated a use of force investigation at that time. It then went to the Use of Force Committee that consisted of a firearms instructor, defensive tactics instructor, and Deputy Chief Falls. Council suggested adding comparative data on use of force to future reports. Chief Holderness thought renting jail beds at the Jackson County Jail would be useful and provide a consequence to repeat offender behavior. 3. Public Works report on residential 1-inch water meters for fire systems Public Works Director Mike Faught explained the building Code and National Fire Association Protection Agency required a minimum 1-inch meter for fire sprinkler system installations. Currently there were 46 water utility customers with fire sprinkler systems that otherwise would have installed a'/a- inch water meter. If Council decided this was an inequity, it would result in an approximate $9,000 revenue loss. Customers using '/4-inch meters averaged 781 cubic feet or 5,800 gallons. One-inch meters averaged 1,047 cubic-feet of water or 7,800 gallons. Senior Engineer Pieter Smeenk explained peak hour demand determined the size of pump stations and reservoirs. They based future demand on the number of l-inch and 1/4-inch meters. Staff inspected two resident's 1-inch meters and determined they were not necessary and would replace them with'/,-inch meters. The goal was not to have a system with larger meters. People with sprinkler systems had no choice regarding theI 1-inch meters. The other factor was the number of fixture units needed to be less than 39 to be eligible for 14-inch meters. Residences typically had 29 fixture units. The Building Official ASHLAND CITY COUNCIL MEETING May 7, 2013 Page 4 of 4 provided the assessment and if the residence met the criteria, staff changed out the meter. Council thought th City should exempt 1-inch meters for fire sprinklers everywhere and directed staff to review the rate structure and tiers to recoup some of the revenue lost from exempting the 1-inch meter when they conducted the cost of service study. ORDINANCES, RESOLUTIONS AND CONTRACTS (None) OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS ADJOURNMENT Meeting adjourned at 8:10 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor CITY OF ASHLAND Council Communication May 21, 2013, Business Meeting I Bicycle Friendly Community Award Presentation FROM: Michael R. Faught, P iblic Works Director, Public Works Department, faughtm@ashland.or.us SUMMARY Following a recently submitted application, The League of American Bicyclists designated Ashland as a Bicycle Friendly Coi munity at the Gold level. BACKGROUND AND POLICY IMPLICATIONS: The Transportation Commission recommended Public Works staff submit a new application in an effort to improve Ashland's Bicycle Friendly Community status which was at the Bronze level (ending in 2012). Commissioners felt that Ashland's status would improve based on the recently adopted multi-modal Transportation System Plan, along with the City's Comprehensive Plan and Land Use ordinances (which focus on multi-modal equity); bicycle safety education programs; established trail systems; and a strong physical bicycling presence within the community. Public Works staff, inl collaboration with Planning and members of the cycling community, prepared the comprehensive application which was submitted in February 2013. A judging panel of national bicycle experts reviewed and scored the application which was judged in five categories, often referred to as the Five E's; Engineering, Education, Encouragement, Enforcement, and Evaluation and Planning. The League of American Bicyclists awards Bicycle Friendly Community designations at the Honorable Mention, Bronze, Silver, Gold and Platinum levels. On Tuesday, May 7 we received news that Ashland's Bicycle Friendly Community status was designated at the Gold level for 2013-2017. Ashland is one of 18 cities in the nation to receive the Gold level status (two other Oregon cities are at this level; Corvallis and Eugene); and one of 10 cities in Oregon to be designated a Bicycle Friendly Community. Oregon ranks third overall in the nation for Bicycle Friendly Communities. FISCAL IMPLICATIONS: Although there are no direct fiscal impacts to the City, bicycle friendly communities are typically places with a high quality of life, where people want to live, work and visit. Benefits to building a bicycle friendly community can translate into a more connected, physically active, and environmentally sustainable community that enjoys increased property values, business growth, increased tourism an more transportation choices for citizens. STAFF RECOMMENDATION AND REQUESTED ACTION: Not applicable. Page I of 2 r , PF CITY OF ASHLAND SUGGESTED MOTION: Not applicable. ATTACHMENTS: 1. Bicycle Friendly Community Application 2. Bicycle Friendly Community Application Result I Page 2 of 2 I t.rs..r1 Anr BFC_Spring_2013_closed Submitted by Michael Faught on 2013-02-26 16:54:45 Name of Community Name of Community City of Ashland State Oregon Has the community applied to the Bicycle Friendly Community program before? Yes What was the result of the community's last application? Bronze Mayor or top elected official (Inclutle title) Mayor John Stromberg Phone 541-488-5300 Email john@councli eshland.or.us Address 20 E. Main Street, Ashland, OR 97520 Website wwweshland.or.us Applicant Pro01e Applicant Name Michael Faught Title Public Works Director Department Public Works Employer City of Ashland Address 20 E. Main Street City Ashland State Oregon Zip 97502 Phone 541488-5587 Email faughtm@ashiand.or.us Are you the Bicycle Program ManageR Yes If no, does your community have la Bicycle Program Manager? What Is the Bicycle Program Mani ger's contact information? Michael Fought (see above) Community Profile 1. Type of Jurisdiction Town/City/Municipality If other, best dbe (SO word limit) 2. For purposes of comparison, i would you describe your commonly as largely suburban 3. ClimateAverage daytime temperature (in °F) January 47 April 62 July 87 October 68 Average precipitation (In Inches) January 2.48 April 1.69 July 0.51 October 1.46 4. Size of community (In sq. mi.) Total area 6.59 Water area Land area 6.59 5. Total Population 20,232 Sa. Student population (during semester) In_ocw 6. Population Density (Person pel ml. of land area) 3047.2 7. Median Household Income $40,140 8. Age distribution (in percent) Under 5 3.5% Age 5-17 15.9% Age 18-64 63% Age 65- 17.6% Totals (should equal 100) 100% 9. Race (in percent) White 90.3% Black or African American 1.1% American Indian and Alaska Native 0.9% Asian 2.1% Native Hawaiian and Other Pacific Islander 0.3% Some other race 1.3% Two or more races 4.0% Totals (should equal 100) 100% Hispanic or Latino (of any race) 5.1% 10. How many government employees (Including the Bicycle Program Manager), expressed In full-time equivalents, work on bicycle issues In your community? Public Works 1.5 FTE; Planning 1.5 FTE; Ashland Police 1 FTE; Ashland Parks & Recreation 1.25 FTE 11. What percentage of the community's Bicycle Program Manager's time is spent on bicycling Issues? 10% or less 12. Do you have a Bicycle Advisory Committee? Yes 12a. How often does it meet? Monthly or more frequently 12b. How many members serve on the committee? There are seven voting members, on the Transportation Commission and twelve non-voting ex officio members. The Bicycle & Pedestrian Commission and the Traffic Safety Commission were disbanded in me creation of a single Transportation Commission. 12c. Which of the following groups are represented or regularly attend the Bicycle Advisory Committee? Check all that apply. Law Enforcement, Chamber of Commerce,Planning Depanment,Transportation Department,Parks Department, Recreation Department,Transit Agency,Other If other, describe (50 word limit) The Director of Public Works or designee serves as the primary staff liaison and as Secretary of the Commission. A City Council liaison and a Southern Oregon University student liaison regularly attend commission meetings. 12d. Name and email of Bicycle Advisory Committee Chair David Young - dyoung@jefineLOig 13. List all bicycle advocacy groups In your community Ashland Bicycle Works Ashland Cycle Sport Ashland Mountain Adventures Ashland Woodlands & Trails Association Bear Creek Bicycle Bear Creek Greenway Foundation Oregon Bicycle Racing Association (OBRA) Rogue Valley Mountain Bike Association (RVMBA) (chapter of the IMBA) Siskiyou Cyciery Siskiyou Vale Cycling Club Southern Oregon Partners Active Transportation (SOPAT) Standing Stone Brewery United Bicycle Institute 13a. List the name and email of the primary contact for the bicycle advocacy community Phil Gagnon, President of Siskiyou Veto - star@mind.net 13b. Do you contract with any advocacy groups for services or programs? Check all that apply. Patd,Volunteer 13c. List all advocacy groups that are working with you on this application. Ashland Woodlands & Trails Association (AWTA) League of American Bicyclists Instructors Rogue Valley Transit District (RVTD) Siskiyou Veto Cycling Club Southern Oregon Partners Active Transportation (SOPAT) 14. What are the primary reasons your community has Invested In bicycling? Check all that apply. Improved quality of life,lmproving public health,Community wnnectivity,Transportalion options,Reduce car-parking demands,Climate changetenvironmental stewardship wncems,Decrease traffic congestion,lncrease lourism,Cooperation with adjacent wmmunities,Public demand,Ewnomic development,Suppoa Smart Growlh@ or other growth management goals Traffic land bicycle/pedestrian safety,Meet local or slate requirements,Other If other, describe (50 word limit) Ashland's vision is to retain our small-town character even while we grow. We proactively plan for modal equity ensuring we have the opportunity to conveniently and safely use the mode of choice, moving toward a less auto-dependent community. 15. What was your community's most significant achievement for bicycling in the past year? (500 word limit) Road Diet: N. Main St. provides the primary access to our community from the north. With an ADT of 19,000 tripstday, N. Main St. has been one of the weakest links in our community for bike/pedestrian travel. In October 2012, a one-year pilot project was Implemented reconfiguring a 1.25-mile stretch of N. Main St. from four-lanes to three-lanes with 6-ft. bike lanes and a left-turn refuge lane. The rewnfguration allows traffic to continue unimpeded by turning movements, thus reducing vehicular crashes, reducing travel speeds, and provides a safe bike and pedestrian facility encouraging residents to choose to walk or bike rather than taking their cars for local trips. At the end of the road diet trial period, the City and community will determine if they would like to keep the road diet on N. Main St. or return it to its previous form. (i.e. four-lane cross-section). The evaluation measures include: improved safety, reduced vehicle speeds, increased bicycle and pedestrian volumes, maintain acceptable vehicle travel time, and community support. Ongoing monthly data is being collected as well as community input. To date, the road diet has received tremendous support from the community and especially from bicycle enthusiasts. Ashland Watershed Master Trails Plan: The Ashland Watershed Master Trails Plan has been submitted to the U.S. Forest Service (USFS) for approval. The executive summary describes the Ashland watershed trails on USFS land as immensely popular. On virtually any given day you will see bikers, runners, hikers, dog walkers, and the occasional equestrian. Locals love their trails and, increasingly, others do too. Mountain bike magazines tout the Ashland trails to ride and one even devotes an article to 'the perfect Ashland downhill bike' Rated the top city for trail running in the nation by Outside Magazine (2010), Ashland was also ranked one of the top recreational cities in the country, partially based on its network of trails. However, the trails are not problem-free. Concerns of trail user conflict and safety, erosion, fire danger, habitat encroachment, deleterious effects on Ashland's water supply and the lack of a sustainable plan for the future have prompted Ashland Woodlands & Trails Association (AWTA) to spearhead the master plan effort. Executive Summary submitted to the USFS can be found at: http://wvrw.fs.usda.gov/lnterneUFSE! DOCUMENTS/stelprdb5371594.pdf USFS Scoping Letter: http://al23.g.akamai.net/7/123/11558/abcl23/forestsewic.download.akamai.cam/11558/cocoa/nepa/89822_FSPLT2_149398.pdf USFS webpage dedication to Ashland Trails Project: http://w .fs.usda.gov/detail/rogue-siskiyouAandmanagement/projects/?cid=stelprdb5371610 16. What specific Improvements do you have planned for bicycling In the following year? (250 word limit) 1) Along with plans to implement additional bike parking, sharrows and signage, the City of Ashland has secured funding to provide an additional route for local, multi-modal east-west travel. The extension of E. Nevada St. involves construction of a new 0.12 mile paved roadway linking the existing terminus of E. Nevada St. with N. Mountain Ave. It requires construction of a bridge over Bear Creek and will contain bicycle lanes and sidewalks allowing for greatly improved connectivity. The connection is a critical element for the extension of the Bear Creek Greenway, a 17.1mile paved, multi-use trail. Trail managers and the non-profit Bear Creek Greenway Foundation have identified the connection to N. Mountain Ave. as a high priority. 2) The Ashland Watershed planned improvements involve building more trails to increase safety by separating downhill bikes from other uses. This will occur both on City and USFS land and will happen with the help of community volunteers organized by the AWTA and the RVMB. Ongoing mountain bike trail maintenance will continue. 3) The neighboring city of Talent has approved a road diet design for a section of Hwy 99 adding much needed 6-ft bike lanes. The implementation of the road diet in Ashland has inspired the City of Talent to approve the redesign, thus adding key safety features for bicyclists using this heavy traveled route. The cycling community will continue to encourage Oregon Department of Transportation to extend the read diet from this section of Hwy 99 connecting it to the mad diet in Ashland. Engineering 17. Does your community currently have any of the following policies in place? Check all that apply. Local Complete Streets II Local bicycle accommodation policy 17a. When was It adopted? The Ashland TSP was adopted in 1998. The City Council is currently reviewing an updated TSP (link included in 17b). 17b. Provide a link or attach a copy of this legislation or policy Link to the updated Ashland Transportation System Plan (TSP): http:/Iashiandtsp.com/stalks/draft documents life. What tools are in place to ensure implementation? Check all that apply. Implementation guidance,Design manual,Tmining,Oversight by Bicycle Program Manager,lmplementation checklist 19. Does your community currently have any of the following additional policies In place? Check all that apply. Design manual that ensures the safe and appropriate accommodation of bicyclists in every new road project,Slreetswpe design guidelines Connectivity policy or standards Other If other, describe (50 word limit) The following policies are included in the updated Ashland TSP: Policy (L11) Integrate Bicycle Parking and Policy (1-12) Establish Incentives for Bicycle Friendly Businesses (narrative can be foundion p. 102 of the attached Ashland TSP). 20. How do you ensure your engineers and planners accommodate bicyclists according to AASHTO, MUTCD and NACTO standards? (Check all that apply.) Offer FHWA/NHI Training Course,Hire outside consultants to train staff,Send staff to bicycle-specific conferences/training,APBP webinars,Adopted local design manual,Other If other, describe (100 word limit) The adopted land use ordinance requires that adequate city-standard transportation facilities be provided to and through each development site. The council-adopted Street Standards Handbook includes specifications for all facilities, including sidewalks and bike lanes, and is applied to all developments seeking site review or subdivision approval. Subsequent to land use approval to meet Jowl standards, any public facility improvements require that engineered civil drawings demonstrating compliance with all applicable standards including local and AASHTO, MUTCD and NACTO must be provided for review and approval. Street Standards Handbook: http://ashiand.or.us/Files/StreetStandards_RevisedAugust2008. pdf 21. Which of the following significant physical barriers to cycling exist in your community? Check all that apply. No significant physical barriers I N other, please describe (100 word limit) 22. How do you ensure that therel are and-of-trip facilities for bicyclists? Check all that apply. Bike parking ordinance for existing buildings specifying amount and location Bike parking ordinance for all new developments specifying amount and location Building accessibility ordinance (Bicycles are allowed to be parked inside non-residential buildings),On-street bike parking/bicycle corrals Ordinance that allows bike parking to substitute for car parking,Other If other, describe (250 word limit) 1) Ordinance requiring showers and lockers in existing and new non-residential buildings: There is no requirement, however a Transportation Demand Management (TDM) Plan Credit is available when demonstrating a reduction in car parking demand by providing incentives or encouragement to walk, bike or use transit. Applicants requesting variances to parking requirements have in the past been required to lake additional measures including providing an on-site TOM manager, bus passes, showers, lockers, and etc. 2) Requirement for new developments to meet LEED-Neighborhood Development silver standards or higher: There is no LEED requirement, but a newly adopted district master'plan provides height bonuses for LEED certification. LEED buildings get priority permit processing, and LEED certification has been used to justify conditional use permits or variances. City is considering green building incentives this year, including citywide LEED height or density bonuses. 3) Developers are eligible for density bonuses for providing end of trip facilities: There are no density bonuses, but developers can reduce parking required, allowing an inlensifiwlion of development, with's TOM Plan showing reduced car trips with incentives and encouragement for walking, biking or using transit. 4) Other: While no bike parking is required within the downtown, the Community Development building includes 14 bike spaces, showers, lockers, and a shared loaner-bike. Bicycle parking is provided with sidewalk U-mcks, a covered bike conal on the downtown plaza, and bike corrals installed in the righlof-way at the request of businesses. Bicycle Parking Requirements: http://ashiand.or.us/CodePrint.asp?CodelD=3435 23. Do your standards for bike parking conform with APBP guidelines? Yes 24. What Is the total number of bike parking spaces In your community? 120 spaces on racks in the downtown business disMCt. This does not include numerous other spaces within the city. 24a. What percentage of bike racks conform with APBP guidelines? more than 75% 24b. Of the total bike parking avallable, please specify the percentage of bike parking spaces that are: Bike lockers Less than 1% Parking spaces in bike depots (I Vie. Bikestation) 6-15% 1 Parking spaces in bike corrals (onatreet bike parking) 16-30% 25. Approximately what percentage of the following locations has bike racks or storage units? Public and private schools More than 90% Higher Education Institutions More than 90% Libraries More than t Transit stations and major bus stops More than 90% Parks 8 recreation centers 76-90% Other government owned bulltllnas and facilities t~rewrl More than 90% Event venues (e.g. convention cel ter, movie complex) More than 90% Office buildings 76-90% Retail stores 76-90% Multi-fatally housing 76-90% Public housing 76-90% 26. Does your community have transit service? Yes 26a. What percentage of buses are equipped with bike racks? more than 75% 26b. Are bikes allowed Inside tra Islt vehicles? Yes,Sometimes Describe (50 word limit) Allowing bikes inside transit vehicles is allowed at all times and is dependent on anticipated passenger load. 27. What Is the mileage of the existing off-road bicycle network within your community? 60.9 27a. How many miles of the following off-road bicycle accommodations do you have? Answer all that apply (in centerline miles) Paved shared use paths (?10feet) 4.3 miles paved, shared use path's Natural surface shared use paths (710feet) 36.6 miles natural surface, shared use paths Singletreck 25 miles; 13.6 miles single track open to bikes 27b. What percentage of natural surface trails and singletrack are open to bicyclists? 51-75% I 27c. What are the exosptions7 (100 word limit) Ashland Municipal Code 10.68.210 Vehicles - Use Restricted A. No one shall ntle or drive any bicycle, motorcycle, scooter, motor vehicle, truck, wagon, horse, or any vehicle or animal in any pan of the parks, except on the regular drives designated therefore; provided that baby carriages, wheelchairs, and such vehicles as are used in the park service are not included in the foregoing prohibition. No one shall ride or be upon any skateboard in any part of Lithe Park. Ashland Watershed includes one single track trail closed to bikes due to user conflict. 28. What Is the centerline mileage of your road network? 124 miles 28a. What Is the street network density of your road network? (miles of road per sq. mi. of land area) More than 15.0 28b. What percentage of roads has posted speeds of 25mph and lower? 51-75% 28c. What percentage of the existing on-street bicycle network meets or exceeds AASHTO, MUTCD and NACTO standards? 28d. List your existing on-road bicycle accommodations that meet or exceed AASHTO, MUTCD and NACTO standards.Answer all that apply (in centerline miles) I Conventional bike lanes (ridable surface ?4feet) N. Main - Heiman 6,430 ft. / Siskiyou Blvd 13,388 ft. / Ashland St. 9,157 ft. / E. Main - Walker 5,717 ft. / Hwy 66 1,290 fl. / Lithia Way 2,263 fl. = 7.24 miles Shared lane markings I Oak St. 4,9861L /'A' St. 2,495 ft. 1I Maple St. 1,270 ft. / N. Main 300 ft. = 1.71 miles Contra-flow bike lanes Zero (0) Protected or buffered bike lanes (one-way) Zero (0) 1 Protected or buffered bike lanes (two-way) Zero (0) Raised cycle tracks Zero (0) Left-side bike lanes Zero (0) Bike boulevards Zero (0) Signed bike routes Zero (0) 29. What other ways have you Improved conditions for bicyclists? Check all that apply. Road diets 0 ,Area wide traffic calming Speed limits 20 mph or less on residential sireels,Bike cut-Ihroughs,Removal of on-street car parking,Speetl tables to calm tmfflc,Other If other, describe (250 word limit), 1) The city installed a Compaq bike repair station Complete with tools and a fire pump on the downtown plaza. Rogue Valley Transit District provided the funding for the station, while city workers installed and maintains the equipment. 2) Bike sharrows and 'Sham the Road Sign lge° have been installed in three locations with high bicycle volumes. Oak St. from Lithia Way lo 'A' Street; 'A' Street from Oak St. to Eighth St.; and N. Main St. from Heiman St. to bike lane (on main arterial) on both sides of the road. 3) The Planned Pedestran Network included in the updated Ashland TSP prioritizes projects that are located on designated Safe Routes to School. During the TSP update process Safe Routes to School was a high priority and resulted In a map dedicated to such routes in our Community. The recently updated TSP also includes a new creative multi-modal system development charge (SDC) program that allows dedicated SDCs to be expended on bike, pedestrian, transit and vehicular growth rebuild projects. I 30. What percentage of arterial streets has dedicated space for cyclists (e.g. bike lanes, paved shoulders 74feet, cycle tracks, etc)? 51-75% 31. Which of the following broad r transportation policies and programs are In place In your community? Check all that apply. Maximum car parking standards @,No minimum car parking standards @ ,Paid public parking Shared-parking allowances ,Prioritization of active mobility in planning and design processes Other If other, describe (250 words) Planning regulations provide for a reduction in required parking based on reduced parking demand through use of available on-street parking, and also for the implementation of a Transportation Demand Management plan to reduce Car parking by encouraging and incentivizing bicycling, walking or transit use. 32. What maintenance policies or programs ensure the on-street bicycle network (including shoulders) remains usable and safe? Select all that apply. r..esr1 32a. Street sweeping Weekly 32b. Snow clearance Same time as other travel lanes 32c. Pothole maintenance Within one week of complaint 32d. Describe any other maintenance policies or programs for the on-street bicycle network (including shoulders). (100 word limit) Paved path sweeping on the Central Ashland Bike Path and Bear Creek Greenway is performed monthly by the Ashland Parks 8 Recreation department, and sometimes more often when dirt and debris are reported. Flail movingtvegetation maintenance for sight paths and clearance along paved trails is also performed 1 -2 limes per year. Visual inspection for paved trail problems, vandalism, bollards needing replacement, etc. is performed weekly. 33. What maintenance policies on programs ensure the off-street bicycle network remains usable and safe? Select all that apply. 33a. Path sweeping Monthly 33b. Vegetation maintenance Annually 33c. Snow clearance Never 33d. Surface repair Within one week of complaint 33e. Describe any other maintenance policies or programs for the off-street bicycle network. (100 word limit) 1) Jackson County Parks regularly maintains the Bear Creek Greenway, a 17.1 mile continuous trail connecting Ashland to neighboring cities. A section of trail on the north side of Ashland that was plagued with longitudinal cracking due to significant root damage and pavement deterioration was repaired with reinforced concrete. Immediate projects include informational all mile markers, map kiosks, and installation of directional and location signs. 2) Ashland Parks 8 Recreation regularly maintains trails which include clearing, water bar maintenance, resurfacing, pruning limbs for height clearance, weed abatement, hazard tree assessment, trail head checks and fresh pick-up. The program is set-up on an annual schedule which includes bi-monthly, monthly, quarterly and annual maintenance. 34. Is there a mechanism in place for cyclists to identify problem Intersections or areas to traffic engineers and planners? Check all that apply. Online reporting,Monlhly meeting,Other If other, describe (100 word limit); Community members often call the Public Works and Planning departments to report problem intersections and areas. The city websim includes an area for complaints/concerns where problems can be identified in a written format. Assistant Planners review the complaints daily and distribute to appropriate staff with the expectation to return phone calls and a-mails on the same day if possible, or within 24-hours. 35. How do you accommodate cyclists at Intersections in your community? Check all that apply. Most signals are limed,Demand activated signals with loop detector (and marking) or bike accessible push-butlon,Video or microwave detection ® i ,Bicycle signal headsirlt, V ,path crossing with high visibility markings or signs 0 ,Raised path crossings F,~ M, Other If other, describe (100 word limit) The I-5 Exit 14 bridge repair project added new five-foot bike lanes and seven-foot sidewalks on the interchange approaches and eight foot bike lanes on the bridge. Cyclists traveling east on Green Springs Hwy. will encounter a bike signal activated by a detector loop. The bike signal allows cyclists to cross the southbound on-ramp before vehicles are allowed to turn. Ashland Is among the first communities outside the Portland metro area to receive this technology. Bridge repair on Exit 19 on the north end of Ashland included wider shoulders to accommodate bicyclists crossing to connect to the Bear Creek Greenway. 36. Describe any other amenitieslor Infrastructure improvements that your community provides or requires that create a comfortable and attractive bicycling environment (e.g. human-scale building design guidelines, mixed-use zoning, public restrooms, etc). (500 word limit) Ashland's building design standards focus on human scale developments designed first for people rather than cars. Generally, buildings are built to the sidewalk with parking at the rear or side, automobile parking is buffered with landscaping and screening, and bicycle parking is required to be provided, half of it covered, and it must be as close to the entrance as the nearest auto space. There are driveway spacing standards intended to minimize conflict points for cyclists and pedestrians. Generally, a high level of urban design is required resulting in a streetscape that is interesting and engaging to pedestrians and cyclists. Mixed uses are provided for and encouraged. Street Standards include requirements for bike lanes on all facilities except those with low volumes (<3,000 ADT) or low travel speeds (<25 mph) where a shared approach is encouraged. Sharrows have recently begun to be installed on some of the busier of these streets. Each development is required to provide transportation facilities meeting the street standards. Neighborhood streets are designed for 20 mph speeds, and all street designs are intended to encourage bicycle and pedestrian travel. Recent street standards adopted as part of the Croman Mill District master plan include a Central Boulevard with a separated (i.e. buffered) bike lane and a street system which limits driveways to minimize conflict points for cyclists. The city recently partnered with the ODOT to'nghFSize' the state highway into town, going from a four-lane configuration without bike lanes to two lanes with a shared center turn lane and bicycle lanes on both sides (aka -a road diet"). The city is at one end of the Bear Creek Greenway, a regional multi-use trail system, and has developed its own complementary Central Ashland Bike Path to provide separated bicycle facilities continuing through town. Needed future trail connections are actively sought in development applications, supported by design standards which require new developments to provide not only an internal circulation system through the site but also connections to "existing or planned off-site adjacent sidewalks, trails, public parks, and open space areas." On a broader scale, Ashland recently participated in a regional planning effort with other communities in Southern Oregon - the first such plan adopted in Oregon to plan for necessary growth areas to accommodate a doubling of the region's population in the next 50-60 years. Ashland was alone among the participating cities in choosing not to expand its boundaries in that time frame, instead opting to accommodate planned growth with more efficient land use planning in existing boundaries in order to maintain a compact, urban form while advocated for more coordinated regional transportation planning efforts. Education 37. What percentage of schools In your )uristlictlon participates In Safe Routes to School programs (or similar programs) that include bicycle education? Elementary More than 90% Middle School . More than 90% ^ High School None 38. Outside of schools, how are children taught safe cycling skllls? Check all that apply. Bike clinics or rodeos V ,Youth recreation programs,Helmel ft seminars,Trail riding classes,Olher If other, describe (250 word limit) In a joint effort to continue the ongoing Bicycle Safety Education Program historically taught to students in Ashland, the Ashland Parks 8 Recreation department and the Ashland Transportation Commission have partnered to provide funding for a certified Bicycle Safely Education instructor. Funds generated by the annual Ashland Bike Swap along with Transportation Commission funds support the program (no cost is charged to the school district). It is vitally important that good biking skills and habits be taught to students at a young age so that safe riding can become a lifelong habit that will benefit them and others well into adulthood. The benefits of biking to school are twofold; it helps reduce vehicle traffic around schools during peak travel periods; and it provides a positive health benefit derived from the exercise. In fiscal year 2011-2012 approximately 344 students at three elementary schools as well as the middle school participated. Photo of Bicycle Safety Education Program: hUp://www.filckr.com/photos/derekdiamond/511795455rin/set-72157632838296609AightboyJ 39. Do you have a ticket diversion program? Check all that apply. For motorists,For cyclists 40. What have you done In the last 18 months to educate motorists and bicyclists on sharing the road safely? Check all that apply. Public service announcements,Community, newsleffer/magazine article,Utility bill insert, Newspaper column/blog on bicycling,Dedicated bike page on community website,Share the Road Signs,Share the Road information in driver's education,Other If other, describe (250 word limit) 1) Rogue Valley Transit District buses include *Share the Road with Cyclists- advertisement on the sides of buses. 2) Share the Road Program is presented annually by certified League of American Bicycl!st instructors to Ashland Kiwanis, Rotary and Elks members along with Oregon Shakespeare Festival employees and City of Ashland staff. 3) Southern Oregon Active Transportation Summit - October 2012 was a huge success. Over 100 participants gathered to share ideas, labeling the "Big Idea" as fully integrated bicycle boulevards and cycle tracks in the region. For more infom nation visit the website at: http://goroguev,lley.wm/the-big-idea-bicycle-boulevards-antl-cycle-tracks/ 41. In your community, how often are the following classes offered annually7Answer all that apply (In numbers) Traffic Skills 101 classes or equl talent (including classroom and on-bike Instruction) Siskiyou Veto offers course 4 x year; Parks & Recreation adult class offered every six weeks. Note: Ashland Fire Chief and Police Chief have taken the class. Both are avid cyclists. Cycling Skills classes (three to four hour classroom training courses) Siskiyou Vela offers course 6 x year; Bicycle Street Smarts 6 x year; Parks & Recreation adult class offered every six weeks. Commuter classes (one to two hour classes) Siskiyou Vale offers course 4 x year; Course is taught to Standing Stone Brewery employees 2 x year. Bicycle maintenance classes or workshops United Bicycle Institute offers a variety of beginning, intermediate and women only courses 15 x year. 42. Do you offer regular Smart Cycling courses for your community engineers and planners that Include on-bike Instruction and in4rafftc cycling? No 43. Has your community hosted a League Cycling Instructor seminar In the past two years? Yes 43a. How many League Cycling Instructors are there in your community? Seven (7) 43b. List League Cycling Instructors that have taught at least one class during the past 12 months. (250 word limit) David Chapman John Colwell Mike Faught (Public Works Director/Bicycle Program Manager) William Heimann Gary Shoff Kai Smith Elaine Sweet 44. Which of the following groups of professional drivers have training that includes information on sharing the road with cyclists? Check all that apply. City staff,Transit operators,Delivery drivers If other, describe (100 word limit) As a result of completing this application, the Ashland School District Transportation Department has requested -sharing the road with cyclists' (mining. One of the local League of American Bicyclist instructors has offered to arrange the training with the bus drivers. 45. Describe any efforts your community has made to ensure your education programs reach traditionally underserned populations, particularly seniors, minorities, non-English speakersand the disabled. (250 word limit) Ashland Parks and Recreation offers a Bicycle Safety Education course to any interested citizens 4-6 times per year. All ages and abilities are welcome, and all facilities are ADA compliant. The course is published in the Parks and Recreation guide that is mailed to all Ashland and Talent (neighboring city) residents. Sixteen percent of Ashland residents are over the age'of 65 years, and at least 60% of our activities are tailored towards that age group. As a result of completing this application, additional courses were scheduled with our Senior Center that will teach "Relationship with Bikes & Autos," "Traffic Skills 101" and "1-2-3 Bicycle Skills' 46. Describe any other education efforts In your community that promote safe cycling. (500 word limit) The following courses are taugh0.by a certified League of American Bicyclist instructor: Group Riding -4 x year, Adult class for beginner/intermediate/advanced levels Group Leader - 3 x year, ti course/nine hour total instruction for advanced level 1-2-3 Bicycle Skills- 3 x year- Adult beginner level Municipal Court Diversion course - offered every six weeks for both motorists and cyclists (fine is $282.00/course is $75.00 - if completed the ticket is dropped) Encouragement 47. How do you promote National Bike Monthtyour own dedicated Bike Month? Check all that apply. Official Proclamation,Communityj Rides,Mayor-led/Council-led Ride,Public Service Announcements, Publish a guide to Bike Month Ever is,Btke Month Website,Commuter Challenge,Bive Commuter energizer stations/breakfasts,Car-free days ,Bike to School Day,PUbiic education campaign relating to cycling (e.g. with a focus on public health or environmental bene0ts),Tmil construction or maintenance day,Other If other, describe (250 word limit) 1) Ashland public elementary schools promote walk/bike to school every Wednesday. Those students who walk/bike to school get to select a prize and their name is added into a monthly drawing. The schools also provide bike helmets and safety gear for those students in need. Walk/Bike to school day in Ashland: http://www.walkbiketoschcol.orgtgo/whos-walking/2012/OR/AShiand 2) For the past 20 years, a loaner bike and helmet are available for use by employees of the planning, building, conservation, public work and engineering departments for short trips such as inspections, site vis!ts and notice posting. Use is at the discretion of the employees dependent on distance, topography and weather. As most of these employees spend the bulk of their time in an office setting, the bike is a welcomed alternative. 47a. What percentage of the population participate in Bike Month events? 47b. Do you actively promote Bi a to Work Day or other bicycle commuting Incentive programs? yes If yes, describe (500 word limit) 1) goRogueValley.com is a casual coalition of people committed to promoting active transportation options for a healthy, livable valley. They use their website as a hub or clearinghouse for active transportation programming, events, and information in southern Oregon's beautiful Rogue Valley, in order to help people get around the area by bike, bus, and on foot (as well as with other alternatives to driving alone). They have a community calendar with events and meetings. They also manage a Facebeok page with up-to-date articles, information, and events. Included on the goRogueValley.comwebsito is a link to the Bicycle Benefits bicycling program listing local participating business. Cyclists purchase a reflective helmet sticker for $5 from a participating business. When they visit a participating business by bicycle and show their sticker at the register, they receive ~a discount on their purchase! Discounts are decided by the business, and vary from place to place. Bicycle Benefits: http://www.bicyclebenefits.orgfindez.php?option=com_sobi2&catid=78&Itemid=54 2) Standing Stone Brewing Company, a League of American Bicyclists Bike Friendly Business, established a Commuter Bike Program, the RPM Club, with a goal of promoting health and reducing fuel use and greenhouse gas emissions. They offer free, new bikes to employees who have worked there for 1,000 hours and agree to bike commute at least 45 times within a year of receiving their new wheels. RPM bike program: http://blog.standingstonebrewing.wnV2010/08/14/standing-stone-bike-program-rolls-into-sewnd-year/ Photos can be found at hffp:llw .standingstonebrewing.cam/restaumntphotos3.html 3) The Ashland Food Co-op offers free annual bike tune-ups along with funding half of the cast of all bike accessories (e.g. lights, bells, helmets, fenders, racks, locks, etc.) to employees who bike to on, 47c. Approximately what percen gage of the community workforce do you reach on Bike to Work Day? 48. How do you promote bicycling outside of your official Bike Month? Check all that apply. Community and chanty rides,Videos on bicycling on community webstie/TV channel,Public Service Announcemenls,Trail construction or maintenance day,Commuler Challenge,Tnathlons and bicycle races,Bike commuter evems,Car-free days Publish a guide to community bicycle events,Bike to School Day,PUblic education campaign relating to cycling (e.g. with a focus on public health or environmental benefits),Community celebration/nde each time a bicycle project is completeQOther If other, describe (250 word limit) Rogue Valley Transit District (RVTD) houses the Transportation Options program for southwest Oregon. Information on alternatives to driving alone as well as bicycle safety education classes, Safe Routes to School program coordination, Go By Bike Week and Walk/Bike to School Day can be found on their website at: http://www.Md.orgJway_to_go_program.php RVTD also publishes information on Bike Safety & Commuting and the Health Benefits of Cycling. City of Ashland Assistant Planner commutes by btke. See the "Enjoying the Ride" article: http:lhv .dailytidings.mm/apps/pbcs.dll/article?AID=/20120914/LIFE209140301&cid=sitesearch 49. List the signature cycling events that occur In your community. (500 word limit) Ashland is host to over a dozen annual cycling and running events. The trail system within our community as well as the scenic bike routes leading into and out of our city make our location attractive to event organizers and cycling enthusiasts. The following information describes such events: Spring Thaw - http:/Aw .echelonmce.com/springthaw/ The 21st annual two-day mountain bike festival will take place again in May which includes a cross country race and a downhill event. The event draws 400-600 participants competing for cash and prizes totaling $10,000. Ashland Mountain Adventures, a local business is organizing the event this year along with Echelon Events, LLC and many volunteers to make this well attended event happen. Mountain Lakes Challenge - http://www.mountainiakeschallenge.com/ An annual June event that offers three scenic routes in the Southern Oregon Cascades. Participants can choose the Metric Challenge, Century Challenge or bauble Metric Challenge. All rides begin and end in Ashland, climbing past mountain lakes and scenic meadows. The event provides refueling stops made possible by volunteers and organizers of Siskiyou Veto Cycling Club. Ashland Mountain Challenge - http://ashmtnadv.com/?page_id=105 A Super D series event that attracts 300 participants, filling to maximum capacity each year. The race comprises of four stages of flat and uphill cross-country, and downhill terrain. The event gained national recognition by Decline Magazine as featured in the following article: http:/Avww.declinemagazine.com/conlent.php?ilemid=6892 Mt. Ashland Hill Climb Bike Race - m1p:1Awww.mtashlandbike.conV The 32nd annual hill climb bike race begins in the downtown Ashland Plaza and climbs 6500'to the Mt. Ashland Ski Lodge. The race to the top is a conies! of road cyclists'verses mountain bikers facing back to back at the starting line and joining back up again for the last two miles of climbing to the finish. Siskiyou Challenge http:// v .siskiyouchallenge.org/ A multi-spon relay race includes two road cycling and one mountain bike leg of the six leg course. The race, in its fourth year has grown into a community favorite event. Many local businesses enter teams and/or sponsor the event which includes 400 participants. Oregon Endure Senesl(OES) - http://oregonenduro.com/ Ashland will be the location for the DES Finals in a five-race series around the Pacific Northwest. Formerly known as the Oregon Supler D Series, it has gained international acclaim as the premier mountain-bike endure series in North America. The two-day event will draw up to 275 participants. The event coordinator is interested in making Ashland the location for the 2014 North American Endure Tour Finals. Cycle Oregon - http://www.cycleoregon.mm/week-iide/past-rides/cyclearegon-25/ Cycle Oregon, "the Best Bike Ride in America" chose Ashland as its two day layover in 2012. Cycle Oregon delivers the best combination of scenery, challenge, amenities, camaradene and philanthropy of any ride out there. A fun-loving mix of back-road riding and two-wheeled tent revival, the event moves from town to town with 2,000 or more riders enjoying generous hospitality and providing direct financial benefits to host towns as well as cycling-related causes throughout Oregon. Beautiful picture of the tent city in Ashland during Cycle Oregon 2012: http://tmveljapanblog.com/ashiand/wpcontenUuploads/2012/09/l29_0554-RAWcycle-oregon.jpg 49a. How does the municipality sponsor or actively support these events? Organize the event,Contnbute in-kind funding (i.e. police presence, closing roads, etc),Other If other, describe (100 word limit) The City of Ashland's Special Event Committee meets with event coordinators in an effort to minimize city staff involvement resulting in a reduced event fee for the applicant. We offer annual certified dagger classes so coordinators can provide their own volunteers and not be subjected to city staff overtime fees. Less city staff involvement gives the applicant freedom to provide their own volunteers while still meeting the city's safety requirements for a community event. If city staff overtime is required, the city has approved a new policy which charges 60% of staff overtime instead of 100% of the cost. 50. Does your local tourism board promote bicycling in your area? Yes If yes, describe (250 word limit) The Ashland Chamber of Commerce promotes local businesses that rent bikes and sell bikes and supplies. Their website offers information on outdoor opportunities which includes a link to the Ashland Woodlands 8 Trail Association, Ashland Trail maps and a calendar of local events. Chamber of Commerce website: hftp:/Iw .ashlandchamber.com/Page.asp?NavlD=941 51. Are there cycling clubs In your community? Check all that apply. Recreational bike clubs,MOUntaio bike clubs,Fnends of the Trail groups,Racing clubs or tear l If other, describe (100 word limit) Many cyclists in our community use informal Cyber Clubs as a way to provide information to cyclists about organized group rides and events in our area. Cyber Clubs can be found on Southern Oregon Bike Blog (http://sobikeblog.com/), Gargle and Facenook. 51a. List the names of the clubs. (500 word limit) Southern Oregon University Rogue Riders is a group of mountain bikers dedicated to strengthening the mountain biking community at SOU and in the Rogue Valley. Riders get out on the trails togetherlso they can learn from each other, improve riding skills and have fun. They also actively participate in local trail maintenance and encouraging stewardship and good ,trail etiquette. One of their biggest goals is to introduce new people to the sport by making it easy for them to try it out and make them feel welcome in the community. To view a SOU Rogue Riders Ashland Trail ride video, click on the link below: (Keep in mind the initial content is college student life (he trail footage is amazing; the final view is spectacularl) http:/Avwv.pinkbike.mn✓video/284523/ Rogue Valley Mountain Bike Association - ('RVMBA"), a chapter of the International Mountain Bike Associztion'IMBA", is a 501 (c) 3 non-profit whose mission is to support and advance the interests of all Southern Oregon mountain bikers. RVMBA was formed to protect and expand trail opportunities for mountain bikers in the Southern Oregon area, including Ashland, Talent, Medford, and Jacksonville. Whether you are an adrenaline seeking gravity rider, or recreational trail cyclist, they have come together In the spirit of unity to seek additional opportunities for all riding disciplines. Formerly known as the Southern Oregon Freedde Association ('SOFA°), they have rebranded to better represent the interests of all mountain bikers in the Rogue Valley, and have worked to establish non-profit status in conjunction with IMBA. To read more on RVMBA, click on the following link'. http://wmba.org/abouU Siskiyou Velo Cycling Club - A powerful bicycle advocate working for cyclists throughout the Rogue Valley. By helping shape policies and plans to be pro-bike, they have direct impact on our built landscape, our transportation choices, our environment and most of all our communities. Their education and outreach programs encourage safer, healthier choices for everyone who wants to bike. They are working every day to make cycling a safer, more convenient transportation choice for everyone. To read more on the Siskiyou Veto Cycling Club, click on the following link: http://www.siskiyouvelo.org/ 52. How many specialty bicycle retailers (shops dedicated primarily to selling bikes and bike-related equipment) are there In your community? Thirteen (13) 52a. List their names. (250 word limit) Ascan Bicycles Ashland Bicycle Works Ashland Cycle Sport Bear Creek Bicycle Bike Tools, Etc. DeSalvo Custom Cycles Flywheel Bicycle Solutions Get'n Gear Goodtimes Bicycles Landshark Bicycles Siskiyou Cyclery United Bicycle Institute United Bicycle Supply 53. Which of these bicycling amenities do you have in your community? Check all that apply. BMX track@ I ,MO...... bike p.rk,Themed loop routes around the community If other, describe (100 word limit) 53a. Is there a skate park in yourlcommunity? Yes I If yes, do bikes have access to the skate park? Always 54. Are there opportunities to re It bicycles In your community? Yes 55. Does your community have a public bike sharing program? Yes 55a. If yes, please provide details about the system below. How many bikes are in the syste ? Ten (10) bikes How many stations are In the system? One (1) station operated out of an office on the Southern Oregon University campus. How many trips are being made annually? Based on a 250 days per year school calendar, 3,000 Imps are made annually. 56. Do you have any current League of American Bicyclists designated Bicycle Friendly Businesses In your community? Yes If yes, list the names of the businesses. (250 word limit) Standing Slone Brewing Company, a League of American Bicyclists Bicycle Friendly Business, established a Commuter Bike Program, the RPM Club, with the goal of promoting health and reducing fuel'use and greenhouse gas emissions. They offer free, new bikes to employees who have worked there for 1,000 hours and agree to bike commute at least 45 times within a year of receiving their new wheels. Information about their program can be found at: http:/tblog.standingstonebrewing.mm/2010/08/14/standing-stone-bike-pmgram-rolls-into-second-year/ Photos can be found at: hftp://www.swndingstonebrewing.com/restaumntphotos3.htmi Ashland Community Hospital, founded in 1907 is a community-owned, not-for-prof( organization. The hospital has 49 beds for inpatients, a diagnostic and surgery center with imaging equipment, a laboratory, and equipment for respiratory testing and surgery, along with many outpatient services. Employees have formed a bike/ped support group encouraging alternative transportation modes to and from work. They were awarded the League of American Bicyclists Bicycle Friendly Business Honorable Mention in 2012. 57, Do you have any current League of American Bicyclists designated Bicycle Friendly Universities In your community? No If yes, list the names of the Institutions. (250 ward limit) Although Southern Oregon University is not currently a League of American Bicyclists designated Bicycle Friendly University, their program is deserving of recognition. The Ecology Center of the Siskiyous (ECOS) supports a mission to bring public awareness of the realities of what impact the campus has on the environment and the _17% future. One of the ways they support'their missions is through a community bike program which is an all-volunteer organization working to replace cars with something less polluting. They offer working, reliable bikes for cheap or nothing. Cheap is less than $50 and nothing is what you pay if you come in and work on the bike with them. Volunteers leach others to assemble and repair bikes while donating their time to recycle donated bikes as well. 58. Does your community have youth recreation and/or Intervention programs centered on bicycling? Check all that apply. None If other, describe (100 word limit) 59. What mapping and route finding information is available for your community, which has been updated In the last 18 months? Check all that apply. Online route finding service,Smart phone app,Pnnted bike map outlining existing bike infrastructure (by type), public restrooms and other bicycle amenities,Printed mountain bike trails map,Phnted greenways and trails map 60. Describe any other programs or policies your community has to encourage cycling. (500 word limit) The updated Ashland TSP includes the following programs to encourage cycling in our community: 1) Program (01) Create TmvelSmart Educational Program - Invest in individualized, targeted marketing materials to be distributed to interested individuals for the purpose of informing and encouraging travel as a pedestrian or by bicycle. (p. 102 of TSP) 2) Program (04) Retrofit Bicycle Parking Program - Establish a retrofit bicycle parking program allowing interested property owners to apply for bicycle racks or bicycle corrals to be installed in front of their establishment. The City will coordinate with local business owners as to where bicycle racks are installed to be sensitive to the potential impacts on pedestrian space and vehicle parking. (pp. 102-103 of TSP) 3) SDC credits can encourage private development to provide small-scale public improvements that can be constructed by the private sector at a smaller cost. For example, an SDC credit might be given for providing endaf-trip bike facilities within the new development. Eligible projects are on major roads, including sidewalks and bike lanes, as well as transit capital projects. In addition: Given that the comprehensive plan and implementing ordinances emphasize modal equity in our land use planning, our planning staff works on review of current development proposals with bicycle issues in mind, provide staff support to Council and Commissions which includes constant consideration of bicycle issues, support advocacy efforts (Commute Challenge, Car Free Day, Ashland Bike Swap, Bike Safety Education, etc.), and draft and review ordinances and plans dealing with bicycle and pedestrian issues on some level in every project. Our planning staff also works to ensure that bicycle parking is provided on each proposal, that curb cuts are spaced to avoid too many conflict points with bicyclists in the streetscape, that larger projects provide required bicycle and pedestrian circulation plans, that adequate bicycle and pedestrian connectivity is provided to current and future sidewalks and trails, that bike lanes are provided where necessary and generally take an approach that considers land use planning and transportation in tandem. For instance, a recently revised city regulation dealing with a prohibition on new drive-up uses in the downtown was based partly on the historic character of the downtown core, but also more broadly had to be considered in light of impacts of added automobile circulation on the bicycle-and pedestrian-friendly character of the downtown streetscape. Enforcement 61. How does your police department Interact with the local cycling community? Check all that apply. A police officer is an active member of the Bicycle Advisory Committee, Identified law-enforcement point person to interact with cyclists,Other If other, describe (100 word limit) i An assigned police officer is a member of the City's Special Event Committee. The officer attends all meetings with the event coordinator, reviews proposed routes, prepares a traffictsafety action plan including information on volunteehflagging needs and acts as the pace car for neutral start bike races in the downtown corridor as necessary. The officer remains in contact with the event coordinator prior to the event to answer any questions that may arise. 62. What kind of training Is offered to police officers regarding traffic law as It applies to bicyclists? Check all that apply. Basic academy training,Presentation by League Cycling Instructor or local cyclist 63. What enforcement programs that target Improving cyclist safety are in place? Check all that apply. Helmet giveaways,Targefing motorist infractions,Targeting cyclist infractions,Share the road campaigns If other, describe (100 word limit) The City of Ashland Municipal Court Diversion course is offered every six weeks. The course emphasizes both cyclist and motorist safety. 64. What percentage of police department employees are on bikes? 1-10k 65. Are any other public safety (e.g. EMS) employees on bikes? Yes If yes, describe (50 word limit) Ashland Police Officers, Ashland Fire & Rescue and Ashland Parks & Recreation regularly use bicycles for seasonal downtown and park patrols and parades and special events. 1 66. Do police officers, report cyclist crash data or potential hazards to traffic engineers and planners to Identify sites in need of safety Improvements for cyclists? Yes 67. Which of the following safety services and amenities are available in your community? Trail watch programs/ Trail palrols,Slreet lighting on most aneriss,Stolen or impounded bikes recovery system or assistance 68. Do you have any local ordinances that protect cyclists equitably? Check all that apply. Specific penalties for failing to yield to a cyclist when turning ,It is illegal to park or drive in a bike lane (intersections excepled),Penalties for motor vehicle users that 'door cyclists,Ban on cell phone use while dnving,Ban on texting while driving,Vulnemble road user law ®,Safe passing distance law® If other, describe (250 word limit) 69. Do your local ordinances place any restrictions on cyclists? Check all that apply. State or local law requires cyclists to use bike lanes when provided If other, describe (100 word limit) I In addition to following the laws of the State, the City of Ashland has additional restrictions as stated in municipal code 11.52.030. The restrictions apply to the following subjects: Riding on Sidewalks; Racing; Method of Riding; Carrying Articles; Traffic Regulations; Speed on Bicycle Routes; Riding Abreast; Hitching on Vehicles; Bicycle Parking; and Bicycle Impoundment Details can be found on the city's website at: http://www.ashland.or.us/CodePdnt.asp?CodelD=2723 70. Describe any other enforcement programs or policies relating to cycling. (500 word limit) Evaluation and Planning 71. Does your community have a comprehensive bicycle master plan or similar section In another document? Yes 1 71 a. If yes, please provide details about the plan below. Provide a link to the plan or describe. (250 word limit) Goal I of our Comprehensive Plan's Transportation Element (adopted 12/1711996) is to "Raise the priority of convenient, safe, accessible and attractive walking and bicycling networks." Goal 11 is to "Support and Encourage Increased Levels of Walking and Bicycling." Goal III is to "Emphasize environments which enhance pedestrian and bicycle usage." Goal IV is to "Dedicate funding and staff support to implement the goals and policies of this section." 35 supporting policies include #2 which calls for incorporating "bicycle facility needs into all planning, design, construction and maintenance activities of the City of Ashland" While not explicitly adopted as a "Bicycle Accommodation Policy," the Transportation Element includes goals and policies which seem to address the elements raised in other such policies observed elsewhere. Both the Transportation Element and our Transportation System Plan (TSP), adopted in 1998, emphasize an underlying theme of "modal equity" or equal consideration for all travel modes. A current revision of the Transportation System Plan, now under review by our City Council, gives further emphasis to modal equity identifies system improvements to embody this vision. When was It passed or most recently updated? Comprehensive Plan (adopted 12117/96); Transportation System Plan (adopted 1998); TSP update for Council review 2013. Is there a dedicated funding source for Implementation? Yes If yes, describe (250 word limit) 1 The Street Funds include four primary sources of revenue; intergovernmental revenues (gas tax, state and federal grants), street user fees, system development charges (SDCS) and bond proceeds. The intergovernmental revenues account for approximately 50 percent of the Street Fund. This indicates the importance of the gas t..s.. r1 tax, and state and federal grants, to the overall streets program for the city. Bond proceeds and fee increases will continue to be dependent on the state of the economy and voter willingness for passage. Tlie street user fee generates about 2 million annually and is generally dedicated to street life cycle repair. The multi-modal SDC funds are dedicated to growth related construction projects. The TSP suggests a'lee in lieu policy" for sidewalk construction projects that apply to streets designated as Shared Streets. The fee in lieu applies to development applications that would otherwise be required to construct sidewalks along their site frontage. Rather than having the applicant construct the sidewalks along their site frontage, the fee in lieu policy would have them pay a fee into a sidewalk construction fund equivalent to the cost of constructing sidewalks along their site frontage. The sidewalk construction fund would be used to construct high priority sidewalk projects. (p. 94 of TSP) The City assesses a multi-modal SDC, whereby an applicant is assessed a fee based on the number of person trips the proposed development is estimated to generate. This allows the system revenues to be used to fund capacity related improvements to the vehicular, pedestrian, bicycle, and transit systems. What percentage of the current plan has been Implemented? 60 percent Are you meeting annual target goals for Implementation? Yes 1 72. Do you have a trails master plan that addresses mountain bike access? Yes i If yes, provide the link to the plan or describe. (250 word limit) The Ashland Watershed Master Tails Plan has been submitted to the U.S. Forest Service (USFS) for approval. The plan can be found at the link below: hUp://www.fs.usda.gov/deta!Vrogue-giskiyouAandmanagement/pmjects/?cid=stelprdb5371610 73. Is there formal cooperation between the mountain biking community and the community recreation and planning staff? Yes If yes, describe (100 word limit) Rogue Valley Mountain Bike Association works cooperatively with Ashland Woodlands 8 Trails Association and city staff to solve ongoing mountain bike issues and needs. 74. Does your community have an on-going bicycle counting and/or survey program that allows for long-term trend analysis of cycling trips (e.g. participation In the National Bicycle and Pedestrian Documentation Project)? No If yes, please describe the most recent results. (250 word limit) 1 75. Does your community routinely conduct pre/post evaluations of bicycle-related road projects? Yes If yes, please describe the results: (250 word limit) The City of Ashland implemented~a temporary "Road Diet" project in the fall of 2012 along the North Main Street corridor in an effort to improve bicycle/pedestrian activity and encourage a multi-modal system. Bicycle and pedestrian data was collected at key intersections prior to construction of the project to create a base for post data comparisons. Since that time, data has been routinely collected on a monthly basis and will continue to be collected for a one year trial period. In the first three months since implementation of the project, pedestrian volumes on Main Street have increased on average from 23 to 66 in a four hour PM peak period. Similarly, bicycle volumes on Main Street have increased on average from 22 to 31. A continued increase in bicycle and pedestrian volumes over the next nine months will be considered an indication that the *Road Diet' better serves all modes of travel along North Main Street. 76. Does your community establish target goals for bicycle use? Yes If yes, please describe (250 word limit) Target goals for bicycle use are included in the updated multi-modal TSP. Goal #1: Create a 'green' template for other communities in the state and nation to follow; Goal 112: Make safety a priority for all modes of travel; Goal #3: Maintain small-town character, support economic prosperity and accommodate future growth; and Goal #4: Create a system-wide balance for serving and facilitating pedestrian, bicycle, rail, air, transit, and vehicular traffic in terms of mobility and access within and through the City of Ashland. Goals and Objectives can be found on pp. 33-35 of the TSP. The Planned Network information can be found on pp. 100-107. Rogue Valley Transit District addresses community established target goals for bicycle use in their Long Range Plan which can be found at the following link: hdp://v .Md.org/images/subpages/File/Chapter%20V%20Regional%20Expectations%20for°/20Tmnsit%5B2%5D.pdf 77. What Is the most current Journey-to-work data for your community? Tip: Search for topic 808301 (Means of Transportation to Work) for your community on the American FactFinder websitel Answer all that apply (in percent) Bicycling (in 6.7 Walking (in 11.4 Transit (In 1.3 78. What is the average commuting distance to work for residents of your community? 5-10 miles 79. How many cyclists have been Involved Ina crash in your community in the past five years Involving a motor vehicle? Fifty-two (52) 79a. How many cyclist fatalities have occurred in your community In the past five years Involving a motor vehicle? Zero (0) 79b. Do you have a specific plan or program to reduce these numbers? f Yes If yes, describe (250 word limit) The updated TSP addresses an analysis of the bicycle network highlighting the areas with existing gaps that can be improved to provide a safer environment for cyclists. Information can be found on pp. 43-49 of the TSP. Along with the TSP recommendations to reduce the number of cyclist crashes (no fatalities for the past ten years), the current implementation of the "Road Diet" on N. Main St. and ongoing diversion and education classes for cyclists and motorists are additional improvements/programs. 80. Do you measure the Bicycle Level of Service of roads and/or Intersections? Yes I If yes, please describe your methodology and recent results. (250 word limit) Similar to the pedestrian Level of Service (LOS), there are two basic performance measures that influence the bicycle LOS results within the Multi-Modal Level of Service (MMLOS) analysis. One is the feeling of security and quality of experience a bicyclist has riding on a roadway facility (e.g., presence and width of bicycle lanes). The second is the frequency of conflicts with vehicle cross traffic (e.g., frequency of driveways or unsignalized intersections). For the corridors studied in Ashland, the MMLOS results for bicycle facilities indicate bicycling along these roadways may be uncomfortable for many individuals. This is primarily due to the lack of bicycle facilities on some roadways or roadway segments, relatively high traffic volumes, and the frequency of unsignalized intersections and driveways. Opportunities to improve LOS for bicyclists along the major roadways include adding additional bicycle lanes, implementing buffered bicycle lanes, and consolidating driveways. 81. Do you have community-wide trip reduction policies or programs? Yes If yes, describe the policy/program and the results. (250 word limit) The updated TSP includes information on a community-wide trip reduction policy that offers "an enticement such as bonus densities and flexibility in design in exchange for a public benefit. Examples might include a Commute Trip Reduction (CTR) program. Or transit facilities in exchange for bonus densities." (p. 81 of TSP) Rogue Valley Transit District promotes their "Way to Go Program which offers alternatives to driving alone. The primary activities include: Education, Public Outreach, Employer Outreach, and Government Outreach. Further information on the program can be found at: http:/Avww.Md.orgtwayjo_go_progmm.php 81a. Does the program use individualized marketing to Identify and support current and potential bike commuters In your community? Yes If yes, describe the program and the results. (250 word limit) Program #1 (01) Create TmwelSmart Educational Program - Invest in individualized, targeted marketing materials to be distributed to interested individuals for the purpose of informing and encouraging travel as a pedestrian or by bicycle. (p. 102 of TSP) Policy # L12 (L12) Establish Incentives for Bicycle Friendly Businesses- Work with the Planning Commission and Chamber of Commerce to establish incentives for bicycle friendly businesses. The incentives should encourage businesses to facilitate a..s..r1 and promote bicycling for employees and customers. The League of American Bicyclists has benchmarks for businesses to use to quality for Bicycle Friendly status. City staff will work with the Planning Commission and Chamber of Commerce to pair the League of American Bicyclists benchmarks (or similar benchmarks customized to Ashland) with incentives attractive to local Ashland businesses. P. 102 of TSP) 82. Have you done an economic Impact study on bicycling In your community? No If yes, describe the results. (250 word limit) The updated TSP identifies the importance of doing an economic impact study: If reducing the carbon footprint is a transportation priority, men increasing bicycle and pedestrian travel is a cost-effective strategy. It is the alternative to autos for frequent and short trips. That makes it essential to reducing VMT. Significant barriers to walking and cycling as travel choices can be identified in roadway design, access to transit, land use patterns, and parking strategies (particularly in downtown or other business districts). Strategies and design changes to lessen those banters can be assigned a measurable expectation with regard to carbon savings and become coterie for project approval and funding. If full cost accounting is also considered, it will be apparent that carbon costs from not reducing auto trips are not directly born by motorists. This contributes to the underpricing of automobile travel and the tendency to undervalue non-motorized travel. Barrier effects also compromise transportation equity since disadvantaged populations will share a disproportionate share of these costs because they depend on non-motorized travel and transit. A shift in planning and policy perspective might include examining this tamer effect as part of a more comprehensive examination of potential cost allocation methodologies to determine the full cast and fair share of roadways and transportation service associated with various users. (p. 160-61 of TSP). 83. Do you have a mechanism to ensure bicycle facilities, programs and encouragement efforts are Implemented in traditionally underserved neighborhoods? Yes If yes, describe (250 word limit) 1) In 2012, the Ashland Transportation Commission, in partnership with a grant received from the Siskiyou Vale Cycling Club, purchased 134 multi-sport bicycle helmets and distributed them to 134 low-income elementary and middle school students (2012). 2) Bicycle Safety Education courses are offered to seniors and those with disabilities at the Ashland Senior Center. 3) The annual Ashland Bike Swap, in its 21st year, promotes bicycle transportation & recreation and benefits bike safety education by providing a community ;venue for buying and selling working-condition bicycles and related equipment. The swap event gives community members access to affordable used bicycles and parts, with all proceeds going to support bicycle safety education programs in Ashland schools, which serves students of all income levels and disabilities. Information on the event can be found at the following link: http://w .md.orgfbike swap.php?&mod=print 4) For over ten years, the City of Ashland and the Rogue Valley Transportation District (RVTD) have sponsored events encouraging multi-modal transportation around International Car Free Day. The celebration offers a series of events Ashland residents; their families and everyone in the valley can enjoy. Events include: 1) The "Transportation Challenge" sign-up and kick-off booth; 2) "Share the Road" bike ride down Oak Street to educate drivers and bicyclists alike about the first, official "Shared Road' in the Rogue Valley; and 3) RVTD's FREE FARE Day- Ride the RVTD bus for free, all day, all routes. 84. Describe any other programs or policies that your community uses to evaluate and/or plan bicycling conditions, programs, and facilities. (500 word Ilmlt) As stated throughout the application, the recent TSP update provides a comprehensive evaluation and implementation plan to improve conditions, programs and facilities. Final Overview 85. What are the three primary reasons your community deserves to be designated a Bicycle Friendly Community? Reason One (250 word limit) Our updated Multi-Modal Transportation System Plan, Comprehensive Plan and Land Use Ordinances which focus on multi-modal equity and our efforts to make these standards a reality on the ground, along with our updated Master Trails Plan are the primary reasons our city deserves to be designated as a Bicycle Friendly Community. As an example, the recently implemented road diet on N. Main Street (a major arterial street that did not have bike lanes) which has been one of the weakest links in our community, illustrates the importance placed on encouraging bike/pedestrian travel by providing a safer environment. Reason Two (250 word limit) j Our ongoing Bicycle Safety Education programs for elementary students along with an abundance of courses offered to adults and seniors demonstrates the importance placed on educating cyclists both young and old; novice and experienced. Complementing our bicycle education courses are the diversion programs emphasizing safety and behavior change. To round out our bicycle education courses, United Bicycle Institute (UBI) offers state-of-the-art classroom instruction on bicycle maintenance and mechanics. Ashland is one of two locations in the state of Oregon where these courses are available by UBI call instructors. Reason Three (250 word limit) I Our community has a strong physical bicycle presence. The Ashland Transportation Commission places safety and accessibility for bicycles as top priorities. Several members lead by example by their active role in local bike clubs and ride their bikes as a primary mode of transportation. Our local bicycle friendly businesses provide an excellent example of actively promoting "bike to work" for employees while reducing in-town vehicle trips and the need for increased parking. Our community is host to many cycling events throughout the year from Car Free Day, Ashland Bike Swap, and a half dozen bicycle races, many of which miss funds for ongoing trail maintenance. 86. What are the three aspects of your community most In need of Improvement In order to accommodate bicyclists? Aspect One (100 word limit) The recent implementation of the road diet has proven early success in improving cycling conditions on N. Main St. A need to continue bike lanes through the downtown corridor has prompted a Downtown Parking and Multi-Modal Circulation Study as a high priority project in the updated TSP. The study will evaluate parking management, truck loading zones as well as review pedestrian, bicycle and vehicle circulation. It will also evaluate the alternatives generated for providing bicycle lanes and wider sidewalks through downtown in an effort to create a safer environment for all modes of transportation. Aspect Two (100 word limit) In support of establishing available alternate modes of transportation and meeting the TSP goal of multi-modal travel, the city has identified the need for a Bike Share Program. Bike rental stations would provide access to bicycles for short trips in Ashland with an emphasis on tourists and students. Bike rental stations would be located in close proximity to the downtown plaza and the university. Along with bike rental stations, the city is in need of bike storage units located near transit stops. Aspect Three (100 word limit) I Completing the Central Ashland Bike Path system would greatly improve continuous connectivity throughout the city and into neighboring communities. The path has a gap between the current city path and a nearby regional connection, and another gap near the south end of town. Both areas have been identified as high priority projects in the updated TSP and ongoing efforts to generate grants and/or funding are in place to make these connections a reality. As explained in question #16 'What specific improvements do you have planned for bicycling in the following year" the E. Nevada St. extension project will improve connectivity. (See Figure 8-1 "Existing and Planned Bikeway Network' p. 105 of TSP.) 87. Are you planning any new projects based on your completion of the Bicycle Friendly Community application? Yes If yes, describe (250 word limit) i The updated Ashland TSP outlines the priority of identified projects in the city. The high priority projects are scheduled to be completed within five years, followed by the medium priority projects, all within the financially constrained plan. Other projects that came up based on completion of this application include 'Share the Road' training courses for school district bus drivers and delivery truck drivers and bicycle skills courses specifically for seniors in our community. Certified League of American Bicyclist instructors have already been in contact with these organizations and have new courses scheduled. 88. Has completing this application made you more aware of what your community needs to do to be bicycle friendly? Yes If yes, describe (250 word limit) Completing this application has highlighted several areas that need improvements. 1) The city's bike jump park is in need of improvements as indicated in the following news article. hftp://www.dailytidings.wm/apps/pbcs.dll/article?AID=%2F20120512%2FNEWS02%2F205120303 2) Although the Southern Oregon University's ECOS has an internal bike share program for students, the city could benefit from a community wide bike share program. The city's Public Works department has researched a pilot program they would like to launch that would include two bike rental stations (one in the downtown plaza, the other near SOU campus) with 10-15 bikes at each station. Funding for this project will continue to be secured through grants. 3) The city has hired a traffic engineer to conduct a one year bike/ped count on the newly implemented road diet. The statistics will be used as an indication of improved safety and increased bike/pedestrian usage. This application has made us aware of the importance of having an on-going bicycle counlinglsunmy program allowing for long-term trend analysis of cycling trips such, e.g. participation in the National Bicycle and Pedestrian Documentation Project. 4) This application has made us aware of the need to have youth recreation and/or intervention programs centered on bicycling. We actively promote bicycle safety education training in public schools, but adding more recreation and/or intervention centered programs would greatly improve cycling education for our youth. I We often get requests for model BFC applications from aspiring communities. Would you be willing to share your application? Yes I r..A r1 How did you hear about tha BFC program? Ad tizen advocate initiated the Orst application in 2004. Submit any documents that you would like to provide In support of your application and five high resolution photos (t-5MB) here. By submitting photos, the League of American Bicyclists has the right to use your photos to promote bicycling. Please note that the files will submit Immediately and will not appear as an attachment. From: Nicole Wynands [mailto:nicole(abikeleague.org] Sent: Tuesday, May 07, 2013 11:00 AM To: fauohtm@ashland.or.us Subject: Bicycle Friendly Community Application Result Good afternoon, i i Congratulations! The League of American Bicyclists has decided to designate Ashland as a Bicycle Friendly Community at the Gold level. This decision involved careful review of your application, supplemental material and consultation with local cyclists. As you know, this award is presented only to communities with remarkable commitments to bicycling. You should be very proud of this accomplishment. Your designation is valid for four years and will be due for renewal in 2017. Of course, if you wish to renew ooner than that please feel free to do so. The League will make the official announcement on Monday, May 13th. Please find a template for your local press release attached (but please hold your announcement of the award until May 13th). We are looking forward to working with you to help promote this accomplishment. Please contact our Communications Manager Liz Murphy at liz0bikeleague.ore or 202-822-3333 with any questions relating to the press release. Your official award seal is attached. In order to display the.ai file correctly, you may need to download the two attached fonts. You will be receiving your award certificate and BFC road sign by the end of May. Please find an order form for additional BFC signs and promotional material attached to this email. If you would like t do a Bicycle Friendly Community award ceremony, please see the attached Award Ceremony Guide fl r more information. You will receive a detailed feedback report by the end of July which will outline important measures Ashland should take to become more bicycle-friendly. Once again, accept our congratulations on your tremendous efforts to create a Bicycle Friendly Community. Sincerely, Nicole Wynands NICOLE WYNANDS, Program Manager Bicycle Friendly Colmmunity and Bicycle Friendly State NlCOLE(~BIKELEAGUE.ORG 1202-822.1333 THE LEAGUE OF AMERICAN BICYCLISTS W W W.BIKELEAGUE.ORG TwrrTER I FACEBOOK I YOUTUBE May is National Bi Month; Learn more here! Attachments: MINUTES FOR A MEETING OF THE ASHLAND FIREWISE COMMISSION Wednesday, April 17'", 2013 12:OOPM to 1:OOPM Conference Room, Ashland Fire Station #1 455 Siskiyou Blvd 1. CALL TO ORDER 12:00 pm Note: meal source and amount: Zoey's Cafe (9) total $105.64 11. INTRODUCTIONS: Pete Norvell, Matt Warshawsky, Kelly Eaton, Kathy Kane, Eric Olson, Greg Lemhouse, Annette Herron Staff: Kimberley Summers, Ali True. Absent: Ron Parker Welcome new Council Liaison, Greg Lemhouse, and new Commissioner Annette Herron 111. APPROVAL OF MINUTES: February 20'", 2013 meeting Approved 12:05 pm IV. PUBLIC FORUM V. ADJUSTMENTS TO THE AGENDA The Jackson County Title III reimbursements are really tightening down on "approved expenses" attendance will be counted for reimbursement with copies of the Commission Minutes. Please make sure you RSVP for the meetings that way we can have a lunch for you and we can get appropriately reimbursed. VI. BUSINESS A. Review new guidance for Commissions and Council Liaisons, attachment for review included B. Report on Firewise in the 4" Grade Program and judge finalist in Poster Contest- Thank you Kathy for all your help, Great Job! Poster contests judging will take place in the front lobby please mark your vote on the top 3 posters that you like. C. Clean-Up Day re lort and volunteer sign-ups needed Last night the City' Council recognized the Firewise Commission and Recology for the cleanup day last year and being willing to do it again this year. The Firefighters Association has volunteered to help unload into dumpsters this year. Volunteers may be needed. Ali True may contact Greg Lemhouse if any community hours are needed from the football players, she will know more in the next few days. D. Report on Firewise Commission Board Member Survey: Olson and Norvell Hand out was provided "Response Summary" it was well received 47% response was from the home owners association. The results were discussed from the survey; It had some interesting facts it was found that 77% did not want more training. The conclusion was that we should continue to offer the same programs and how to get people involved in the HOA's work on codes and funding and what groups of people to help. It was discussed to possibly having a contest to encourage people this would include individual home owners; submit why they should be considered as a Firewise property. Learned a lot and got some new ideas from this survey. E. MYFN update: T lue Map your Firewise neighborhood; Annette Herron has attended two meetings now. Disaster preparedness program, integrating the two programs together you will hear more about it in the future. F. VII. COMMISSIONER COMMENTS VIII. REVIEW AND SET COMMISSION CALENDAR / NEXT MEETING A. Next meetings: May 115`n, 2013 and June 19'", 2013 IX. ADJOURN: 1:00 PM In compliance with the Americans with Disabilities Act, ifyou need special assistance to participate in this meeting, please contact the Public Works Office at 488-5587 (7TTYphone number 1 800 735 2900). Notification 48 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 I). bb CITY OF ASHLAND ASHLAND HISTORIC COMMISSION Meeting Minutes April 3, 2013 Community Development/Engineering Services Building - 51 Winburn Way - Siskiyou Room CALL TO ORDER - REGULAR MEETING, 6:00 pm Historic Commissioners Present: Allison Renwick, Tom Giordano, Dale Shostrom, Ally Phelps, Keith Swink, Victoria Law, Sam Whitford, Kerry Kencaim Commission Members Absent: Terry Skibby Council Liaison: Greg Lemhouse High School Liaison: None Appointed SOU Liaison: None Appointed Staff Present: Staff Liaison: Amy Gunter; Clerk: Billie Boswell APPROVAL OF MINI TES: The minutes of the March 6, 2013 Historic Commission meeting were reviewed. Mr. Whitford made a motion to approve the minutes as presented. Ms. Phelps seconded the motion and the motion was approved unanimously. PUBLIC FORUM: none COUNCIL LIAISON REPORT: Greg Lemhouse reported that the City Council had approved its goals, including the one that the Historic Commission had put forward. The Council also expressed support for Ashland becoming part of the Rogue Valley Heritage District Levy which would be on the 2014 ballot. Mr. Lemhouse also spoke of the Plaza remodel and invited everyone to the dedication on Friday, April 5th at 5:00pm. There was consensus that it greatly improved the look and function of the public space. PUBLIC HEARING: PLANNING ACTION: 2013-00308 SUBJECT PROPERTY: 5 B Street OWNERS: Spartan Properties LLC. APPLICANT: Kistler, Small, White Architecture DESCRIPTION: A request for a Commercial Site Review, Physical and Environmental Constraints Review and Water Resource Protection Zone Permit approval to construct a 5,000 square foot, two-story commercial structure and parking lot, located at 5 B Street. The property is subject to the Physical Constraints and Water Resource permits due to the location of the FEMA Floodway for Ashland Creek. The applicant has requested an Exception to Street Standards for the sidewalks along B and Water Streets. The existing approximately 1,000 square foot concrete block building on the site is proposed to be demolished to allow for the new construction. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP/TAX LOTS: 39 1E 09BB 15800. Chairman Shostrom confirmed that there was no conflict of interest or exparte contact. Ms. Gunter explained that the property was within the Water Resources Protection Zone, and the Detail Site and Historic Design Standards overlay which restricts development of portions of the site. She also commented that this was originally the Chinese Laundry site and the applicants were willing to consider have a historical marker installed. Ms. Gunter said staff feels it meets standards but are recommending the street be landscaped with a stop sign and street light. There were no further questions of staff. The applicants, Ray Kistler, architect, and Ed Bemis, contractor, described the building and its use as general office space. They detailed the materials being used such as block on the base, aluminum store front windows, and steel channel between floors. They also described a seat wall that would run from inside to outside. The building would _ have a Zincalume standing seam roof. Mr. Giordano asked about the removal of the Cedar tree Ms Gunter said Ashland Historic Commission Minutes 5/14/2013 C I T Y OF ASHLAND the Tree Commission and Staff recommended removing it. Ms. Kencaim added that it was in a bad location that would interfere with the ADA access. Ms. Law confirmed that no excavation would be done around the creek. Chairman Shostrom felt the building was nice looking and a good design. He asked if a steeper roof could be accommodated. Mr. Bemis explained that little of the roof would be visible from the public areas. Mr. Kistler said 3' to 8' could be an option. Ms. Law asked if they could be careful about saving any historic artifacts that might turn up during digging and construction. Mr. Bemis said he would speak to the owner about it.. I There being no one in the audience wishing to comment, the public hearing was closed. Ms. Gunter said she would write an option for the roof pitch in the findings. Ms. Kencaim made a motion to recommend approving the plans. The motion was seconded by Mr. Swink and it passed unanimously.) PLANNING ACTION:i PA-2013-00366 SUBJECT PROPERTY: 57 North Main Street APPLICANT: Jamie North/Mix Sweet Shop DESCRIPTION: I A request for a Site Review approval to modify the entrance of Mix Sweet Shop at 57 North Main Street in order to add a recessed vestibule and relocate the existing door and transom so that the door will open outward, in the direction of egress. The Site Review is triggered by the exterior modification to the building. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1-D; ASSESSOR'S MAP: 39 1E 09BB; TAX LOT: 9200 Chairman Shostrom confirmed that there was no conflict of interest or exparte contact. Ms. Gunter said the building was registered on the Historic National Register and has been in continuous use since 1880. Due to the remodel of the interior of building, exiting requirements from the Secretary of Interior dictate that the door must swing out. In order to accomplish this, the applicant plans to recess the existing door and transom to allow room for the door to swing out. This will expose the brick columns as they were originally. The outside stairwell cannot be used because it is on City property. Jamie North, the business owner, explained that they needed a larger production area for the bakery portion of the shop which would bellocated downstairs. The upstairs kitchen would be removed and additional seating installed. Mr. Comte, the building owner, stated he did not support the change to the front door. He felt since the building had fire sprinklers they wouldi be sufficient. Several Commissioners explained they did not have the authority to overrule the Building Official and the Fire Marshal on this type of Life/Safety issue, but they did support the change and felt that it would not degrade the historical significance of the building. There being no one in the audience wishing to speak, the public hearing was closed. Ms. Phelps made a otion to recommend approval for the project. Ms. Renwick seconded the motion and it passed unanimously. OLD BUSINESS: Historic Markers Subcommittee Report: Ms. Gunter said they planned on a Hub and Spokes design for the Historic Markers system where the Hub would explain the significance of the area and then direct folks to the specific markers placed on buildings and sites of interest. The new building at 4~h & A Street could be a potential Hub for the Railroad District and Evo's as a Hub for the Siskiyou/Hargadine area. Amy will be writing it up with maps for presentation to the Council. Mr. Lemhouse shared that free WiFi will be available on the Plaza. The design of the plaques is still being eveloped. Ashland Historic Commission Minutes 5114/2013 CITY OF ASHLAND NEW BUSINESS: I I A. Review Board Schedule I April 4th Terry, Keith, All April 11th Terry, Kerry, All April 181h Terry, Tom, Allison April 25th Terry, Victoria, Sam May 2nd Terry, Dale, Allison May 91h Terry, Keith, B. Project Assi nme Its for Planning Actions BD-2011-01029 400 Allison Robin Biermann New SFR under construction) Whitford/Renwick BD-2011-01079 134 ;Terrace Allman New SFR under construction Whitford BD-2011-00621 89 Oak St Amorotico New fa ade on building under construction Shostrom BD-2012-01330 117 Eighth St McKinney New ARU under construction Renwick BD-2013-00256 175 Lithia W First Place Partners 3-story mixed use building in review Giordano PA-2012-01737 111 Coolidge (Wallace) 4 Accessory Units Shostrom BD-2013-00093 108 Second (Dudley Rood CUP and Solar Waiver for 2nd story unit in review Shostrom PA-2013-00081 245 Van Ness Nate Witembur & Brint Bor ilt Addition Kencaim PA-2013-00003 207 Enders Alley Dresher conversion to motel unit Swink PA-2013-00366 57 N Main St. North Mix Sweet Shop entry door Phelps PA-2013-00308 5 B Street (Spartan Properties) New Comm Bldg Phelps DISCUSSION ITEMS: Historic Preservation Week - Ms. Boswell shared that the award letters were being prepared to mail out to the Winners. Still need information about the activities for the brochure. Ms. Kencairn asked about the Commission giving recognition to the Landscape Architects and the work they do to protect historic landscapes. Questions were asked about the criteria and how the Commission would know about who worked on what projects. The consensus of the Commission was to add an award to the Landscape Architects that worked on the current award winner's properties for this year. They agreed to discuss at a future meeting what the criteria would be for a nomination. Greg Covey and Kerry Kencaim were added to honor at this year's ceremony. Chairman Shostrom and Ms. Boswell will meet with Deluxe Awning to make selections for a new banner to hang over Main St. It will be more generic without dates or theme information. This should greatly reduce the cost to have the banner redone each yiear. ANNOUNCEMENTS & INFORMATIONAL ITEMS Next meeting is scheduled for May 8, 2013. It was the unanimous decision of the Commission to adjourn the meeting at 8:15 p.m. Ashland Historic Commission Minutes 511412013 CITY OF ASHLAND Council Communication May 21, 20131 Business Meeting i Liquor Licen se Application for Susan Means dba Milagros Fresh Mexican FROM: Barbara Christensen, City Recorder, christeb@ashland.or.us SUMMARY Approval of a Liquor License Application from Susan Means dba Milagros Fresh Mexican at 1465 Siskiyou Blvd. BACKGROUND AND POLICY IMPLICATIONS: Application is for a g i reater privileges. 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 licl nse and restaurant registration requirements (AMC Chapter 6.32). In May 1999, the council decided it would make the above recommendations on all liquor license applications. FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Endorse the application with the following: The city has determi led 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. SUGGESTED MOTION: Under Consent agenda item, a motion to approve liquor Susan Means dba Milagros Fresh Mexican ATTACHMENTS: None Page 1 of I Ova CITY OF ASHLAND Council Communication May 21, 2011, Business Meeting Request for Sewer Connection to a Residence Located Outside the City Limits and within the Urban Growth Boundary FROM: Scott A. Fleury, Engil eering Services Manager, Public Works/Engineering, fleurys@ashland.or.us SUMMARY Mr. Edwin Lee, the owner of 295 Clay St. has requested a sewer connection for the property in question due to a failing septic system. The Department of Environmental Quality (DEQ) has informed Mr. Lee that they will not issue a new septic system permit and he must attempt to hook-up to the existing City sewer service. Ashland Municipal CI de (AMC) Section 14.08.030 lists the conditions and requirements for connection of properties located outside the City limits but within the Urban Growth Boundary (UGB). This application currently meets or will meet all conditions of the code for connection to the City sewer system. BACKGROUND AND POLICY IMPLICATIONS: Property Use: The property is zoned RR-5, is .36 of an acre and currently supports an 880 square foot mobile home. It is one of four adjacent tax lots on lower Clay St. that are outside city limits but within the UGB. Current System Description: The current sanitary sewer situation at 295 Clay St. is urgent and requires a prompt resolution to avoid possible future environmental pollution. The septic system that supports the residence is no longer functioning properly. The Oregon DEQ has inspected the system and declared it to be non-functioning. They have required the property be connected to the City system since an existing public sewer system is within 300 feet of the property. They will not issue a permit for repair of the existing system if an option to connect to the public system exists. I Impact to the City System: The future connection; of the property will have minimal impact on the City's sewage system. The mobile home contains'I minimal fixtures. The sewer main in this section of Clay St. is an 8 inch concrete main and can handle the additional flow from one residential unit without negative impact. This section of mainline was modeled during the sewer master plan process. The modeling shows adequate capacity for additional residential units along Clay St. The system development charges (SDCs) for a residential unit is determined by the total square footage of the structure. The mobile home is 880 square feet generating a SDC fee of $709.90. Pagel of 3 CITY OF ASHLAND Adherence to AMC 14.08.030 An occupied dwelling or building located outside the City of Ashland and inside the UGB may be connected to the sewer system when such connection is determined by the Ashland City Council to be in the best interest of the City of Ashland and to not be detrimental to the City's sewerage facilities. Such connection shall be made only upon the following conditions: A. The applicant! for sewer service pays the sewer connection fee and the SDCs established by the City Council. B. In the event a dwelling or building connected to the sewer system is subsequently replaced for any reason, then the replacement dwelling or building may connected to the sewer system of the City as long as the use of the sewer system will not be increased as determined by the Director of Public Works. C. The applicant shall be responsible for the full cost of extending the City of Ashland sewer main or line to the property for which sewer service is being requested. D. The applicant) shall secure, in writing, statements from Jackson County Health Department (now DEQ) that the existing sewage system has failed and that the provision of sewer by the City of Ashland does not conflict with the Jackson County Comprehensive Plan support documents, rules, or regulations. E. The applicant (furnish to the City a consent to the annexation of the land, signed by the owners of record and notarized so that it may be recorded by the City and binding on future owners of the land. F. The applicant shall provide for the payment to the City by the owners, at the time of annexation, an amount equal to the current assessment for liabilities and indebtedness previously contracted by a public service district, such as Jackson County Fire District No. 5, multiplied by ithe number of years remaining on such indebtedness, so that the land may be withdrawn from such public service districts in accord with ORS 222.520 and at no present or future expense to the City. G. The owner shall execute a deed restriction preventing the partitioning or subdivision of the land prior to annexation to the City. H. That the land i within the UGB. This application can al d/or does meet all of the above listed criteria. The owner has been provided signed original copies'of the consent to annexations and the deed restriction and is prepared to record those documents if the( Council approves this request. Policy: Properties located outside the city limits but inside the UGB may be connected to the City sewer system as outlined in section 14.08.030 of the AMC. Page 2 of 3 CITY OF ASHLAND FISCAL IMPLICATIONS: Property owners with properties located outside the city limits, who connect to the City sewer system, are required to pay sewer system SDCs. In this instance the property is residential and is assessed by total square footage of the structure. In addition, this location will pay an established monthly service fee for the sewer connection that is twice that of a residence inside city limits. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of Mr. Lee's request to connect the property at 295 Clay St. to the City sewer system. The application meets all requirements set forth in AMC 14.08.030; there is adequate capacity in the sewer;system; and there is a financial benefit to the City for the connection. SUGGESTED MOTION: Move to approve the request to connect the property at 295 Clay St. to the City sewer system. ATTACHMENTS: 1. Vicinity Map 2. Communication from DEQ Page 3 of 3 i ~I I I I FM `a r N T i ~ i t { Creek Dr i I I A66ott hbc N>IwtrAb~ ,o i I Dollarhide Way a f i Y m I ! E u 0 it II II •C Z Meadow Dr : „ I E Ili 11 7i 1 r; I II ter Park p I• _ 295 Clay Strl et i I YMCA Park IJ o ~ I Ib I I_ _ 4 IIId main Vinv Cemcte', Ir ~I ll K it I I~ i la r l dtvl ~ I • i 5l;llnock Ln, . . YY~~ Cla St t ~Shcrwoo2l --I 166 Ashland,St y I i _ Taco Bell L- Caning E H Park II _ - - ^ -r W1 I~ 1 4 I VICIlN9Ty MAP I ~ I I ®11'~ Department of Environmental Quality A & Western Region 0 John A. Kitahaber, NID, Governor 221 Stewart Ave., Suite 201 j Medford, OR 97501 April 12, 2013 541-776-6010 FAX 541-776-6262 i Edwin Lee 295 Clay St. Ashland, OR 97520 RE: Applicatiol #414214Y Septic Repair ` P295 Clay St. Ashland, OR TWN. 39; R. IE; SEC. 1ICB; TL# 1300 Dear Mr Lee, This office has received your, application for a permit to install a repair for the existing onsite sewage (septic) . system on your property at 295 Clay St. Ashland, OR I made a site visit to your property on April 4, 2013 at which time I found the following conditions that would prohibit me from issuing a repair permit for your property. The ieasous and relevant role are as follows: a. It is apparent from the surrounding developments that the City of Ashland's public sewer is f available for your lot. Oregon Administrative Rules (OAR) 340-071-0160 (4) (f) requires that you connect to sewerage system that is physically and legally available. j b.: The location of your well and your neighbor's well would prevent a safe setback from a septic system to these wells. You would not be able. to achieve the legal minimum of 100 feet from any proposed septic system on this lot to these nearby wells. OAR 340-071-0220 (1)'0), Table 1, requires the 100 foot setback between wells and septic systems, and 340- 071-0130 (1) prohibits any permit issuance that may cause a health hazard. i You have the right to apply for a permit denial review in accordance with Oregon Administrative Rule 340- } 071-0165. The application for a permit denial review must be submitted within 60 days from the date of this letter and be accompanied by the denial review fee. Or, you can apply for a variance to the on-site rules cited above. A variance application must be completed in full and accompanied by all of the required exhibits and fee. Please contact me at (541) 776-6130 if you have any questions concerning this letter or if you wish to apply for a permit denial review or variance. i Sincerely,. Charles D. (Chuck) Costanzo, HS Natural Resource Specialist Cdc C: Scott Fleury, Engineering Services Manager, 20 E Main St., Ashland, OR 97520 i f i i c f, Edwin Brian iLee, owner of 295 Clay Street in Ashland, Oregon, authorize my father, Harold Lee, a Real Estate Broker DBA: Investment Property Services, to act as my agent in submitting plans and documents and to pay on my behalf for the purpose of obtaining a working septic system or City of Ashland sewer hook-up for my property. I make this authorization on this date, March 2013. l~~~Wl/ ~Y 1 ~ I Edwin Brian Lee I i STATE OF OREGON, Jackson County. i This instrument was acknowledged before me on March /'Y ~ , 2013, by Edwin Brian Lee. Nota blic for Oregon Mycommission expires '44'v I ' TM R FlEOU7H NO7ARYp1gU0.OpEpply MY L`Oh1MIC0~p~NION N0.4p118 i E7rP(NE8 NOV. B 2019 i i f I f I Department of Environmental Quality DEQ Medford Office 221 Stewart Ave., Ste. 201 Medford, OR 97501 ® Telephone: (541) 776-6010 Fax: (541) 776-6262 svte of Owe Department of Envlm -Wl DuelBy NOTICE AUTHORIZING REPRESENTATIVE I, l'j d11Arl (-u , have authorized ' r (Property Owner/Print Name) ~-42, ~ to act as my agent in performing (Authorized Representative/ Print Name) the activities necessary to obtain site evaluations, permits, and other onsite wastewater treatment program services provided by the Department of Environmental Quality on the property described below in accordance with OAR chapter 340, division 071. I agree that any costs not satisfiediby the Authorized Representative are my responsibility. PROPERTY IDENTIFICATION: ZS Ct`+4Y i5.. hs02 Gr?SZo Property Situs or Road Address And described in tie records of \T/(C(4-3Io'-j County as: Township;'I_ ange Section) ! C 6 Map ID Tax Lot #(s) 3 GG Township ange Section Map ID Tax Lot #(s) I PROPERTY OWNER: i Printed Name: fbltu,a n+ar L Signature: Date: 1 Address: 6L(Vy Phone:511-8 a-J313 City, State, Zip:_ As' m-t{►JA , c a c., tI r-2-G Fax: E-mail Address: LCee ) Ic S6 LP •~J"LA AUTHORIZED REPRESENTATIVE: Printed Nam I`CIY~ (1 OG'~ r( ~t i Signature: Date: .3-19-13 Address: O.AktA~ AVVb- Phone: V1-690 Z69o City, State, Zip: _Asi 9t w6, 06'2- q'?s-2o Fax:W(-'f84-2-350 E-mail Address: do-T Rev. 08-16-2011 CITY OF ASHLAND Council Communication May 21, 2013,~Business Meeting Request for' Approval of AFG SAFER Grant Application Through the Department of Homeland Security FROM: John Karns, Fire Chief, Ashland Fire & Rescue karnsi@ashland.or.us SUMMARY This item authorizes Ashland Fire and Rescue to apply for funding for three firefighter positions through the United States Department of Homeland Security Staffing for Adequate Fire and Emergency Response '(SAFER) grant program. BACKGROUND AND POLICY IMPLICATIONS: The Department of Homeland Security SAFER grant program is designed to assist local fire departments with staffing so they may respond to fire and fire-related emergencies safely and effectively. The goal of the SAFER grant program is to enhance a local fire department's ability to comply with staffing,iresponse, and operational standards established by the National Fire Protection Association (NFPA) and the Occupational Safety and Health Administration (OSHA). Specifically, the grant focuses on standards included in deployment and assembly sections of NFPA 1710 and the respiratory protection) section of OSHA 1910.134. The current minimum level for Ashland Fire & Rescue is eight memliers each shift. This staffing level is short of NFPA standards, OSHA requirements, DHS recommendations, as well as ICMA (International City/County Management) averages. • NFPA 1710: Regardless of the type of fire company, each must consist of a group of trained and equipped f re fighters under the supervision of an officer who operates and arrives on the emergency scene with one piece of fire apparatus. The standard allows for an exception in those instances when multiple apparatus are used to make up a company. The standard does however still require that even if this multiple vehicle approach is used that the department still adhere to the company response time guidelines, and that a company consist offour persons, more when high hazards exist. • ICMA's municipal yearbook report of 2006, Section: three Police and Fire Personnel, Salaries and expenditures for 2005 stated (report studied over 3,200 municipalities): Full Time Paid Personnel Number of firefighters per 1,000 population: Population of 25,000-49,999 1.66 Population of 10,000-24,999 1.62 Page I of 2 FW=, CITY OF ASHLAND I • ICMA stated: '(Various controlled and statistically based experiments by some cities and universities reveal that ifabout sixteen (16) trained firefighters are not operating at the scene of a working fire within the critical time period, then dollar loss and injuries are significantly increased, as are the square feet offire spread. As firefighting tactics were conducted for comparative purposes, five person fire suppression companies were judged to be 100 percent effective in their task performance, four person companies 65 percent effective three person companies 38 percent effective" • ICMA's published average is 5.7 firefighters per 10,000 residents. Ashland currently staffs four firefighters per 10,000 if Southern Oregon University residents are not considered. • OSHA is an agency that creates regulations that must be followed by fire departments and other employers. In 1998 OSHA revised it Respiratory Protection regulation, which had a great impact on the fire service operations. This regulation is often referred to as the "2 in, 2 out" rule. Here are some of the requirements of Respiration Protection - 63:1152-1300: • The use of respirators is required in atmospheres that are Immediately Dangerous to Life or Health (IDLH). Interior structural fire fighting is considered an IDLH atmosphere by definition. • Two firefighters must be on standby to provide assistance or perform rescue when two firefighters are inside the burning building. What this means is that in-order for the first arriving fire engine to begin attacking the fire, four firefighters must be on the engine. The SAFER grant program allows Ashland Fire & Rescue an opportunity to begin to create a staffing level commensurate with recognized standards and regulations while having the actual costlof compensation underwritten for two years by the Department of Homeland Security. Ashland Fire & Rescue is an excellent candidate for the SAFER grant program due to its increasing call volume, increased response time, degree of hazard exposure, and current staffing level. Some significant grant parameters are: • This SAFER grant has no requirement to retain the firefighters beyond the period of performance. Federal funds may be used to pay for 100 percent of the actual salary and benefit costs of rehired firefighters with no requirement for a local cost-share. • Grants to hire new firefighters have a 2-year period of performance. FISCAL IMPLICATIONS: Approximately $3700 per new employee for turnouts, uniforms, and other personal protective equipment. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that the Council direct Ashland Fire and Rescue to apply for three positions through the DHS SAFER grant program SUGGESTED MOTION: I move to direct Ashland Fire and Rescue to apply for three positions through the Department of Homeland Security SAFER grant program. ATTACHMENTS: None Page 2 of 2 Ii:, CITY OF ASHLAND Council Communication May 21, 2013; Business Meeting I I Resolution Transferring Appropriations within the FY 2012-13 Budget FROM. Lee Tuneberg, Administrative Services Director, tuneberl@ashland.or.us SUMMARY In reviewing recent financial reports for the 2012-13 fiscal year, staff has identified the need to transfer appropriations in several individual funds to maintain compliance with Oregon Budget Law. The proposed resolution summarizes the transfers from each Fund's contingency to the department or division requiring the appropriation and includes a short description of the need for the transfer. BACKGROUND AND POLICY IMPLICATIONS: There are three ways in which to change appropriations after the Budget is adopted. 1. A transfer of appropriations decreases an appropriation and increases another. This is the simplest budget change allowed under Oregon Budget law. This does not increase the overall budget. This is approved by a City Council resolution. 2. A supplemental budget of less than 10 percent of total appropriations within an individual fund follows a process similar to the transfer of appropriations. This process includes a notice in the paper prior to Council taking action. 3. A supplemental budget in excess of 10 percent of total appropriations requires a longer process. This process includes a notice in the paper and a public hearing prior to the council taking action. The proposed resolution identifies and authorizes transfers of appropriations (Item #1 above) in the following Funds: • Telecommunications Fund - From Capital Outlay to Material & Services to recognize the need to purchase non-capital supplies. $20,000 • Central Service - From Contingency to Administrative Services Department to recognize added staffing costs for overtime relating to a software conversion and temporary support staffing to provide coverage during Family Medical Leave. $6,000 • Equipment Fund - From Public Works - Purchasing & Acquisitions to Public Works - Maintenance ti address. higher than anticipated equipment repair costs. $70,000 TOTAL APPROPRIATIONS TRANSFERRED $96,000 There is an insufficient amount in Contingency in the Equipment Fund to honor the request from Public Works but there is adequate spending authority (appropriations) in that fund that will go unused due to delayed vehicle purchases. The resolution incorporates that change and is drafted to transfer appropriations between divisions rather than from Contingency. Page 1 of 2 ~r, CITY OF ASHLAND This is the third transfer of appropriations request for FY 2012-13. Resolution 2012-28 was approved by Council October 2, 2012, to provide appropriations for the Plaza project and for a land purchase relating to the Gun Club. A second resolution (#2012-40) was approved by Council on December 18, 2012, providing appropriations to use committed TOT funds for public art in the Plaza. FISCAL IMPLICATIONS: Transfers of appropriation do not increase or decrease the adopted budget. Transfers of appropriations using contingency do cause a reduction in the potential ending fund balance of each fund having a transfer and impact the carry forward balance for the following fiscal year. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends Council approve the proposed resolution. SUGGESTED MOTION: I move to adopt a resolution titled "A Resolution Transferring Appropriations within the FY 2012-13 Budget" as presented ATTACHMENTS: Proposed Resolution Transfer Request Memo - Information Technology Transfer Request Memo - Administrative Services - Customer Service Division Transfer Request Memo - Public Works - Fleet Maintenance Division Pagc 2 of 2 I All RESOLUTION NO. 2013 - A RESOLUTION TRANSFERRING APPROPRIATIONS WITHIN THE 2012-2013 BUDGET THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Because of the circumstances stated below, the Mayor and City Council of the City of Ashland determine that it is necessary to transfer appropriations as follows: Telecommunications Fund To: Materials & Services $20,000 From: C1 pital Outlay $20,000 1 To Transfer appropriations from Capital Outlay to Materials & Services to recognize the need to purchase supplies (node replacement batteries) anticipated in the capital budget that do not meet the requirements for capitalization. Central Service Fund To: Administrative Services Department $6,000 From: Contingency $6,000 To Transfer appropriations from Contingency to Administrative Services to provide added funding for overtime costs during the software conversion and for temporary support staff during extended Family Medical leave. Equipment Fund To: Public Works - Maintenance $70,000 From: Public Works - Purchases and Acquisitions $70,000 To Transfer appro riations from the Purchases and Acquisitions Division to the Maintenance Division to pay for unusually high costs to repair equipment. TOTAL To: Department/Division Appropriations 000 From: Department/ Division Appropriations $90,000 Contingency $ 6,000 6 000 Page 1 of 2 SECTION 2. This resolution was duly PASSED and ADOPTED this day of May, 2013, and takes effect upon signing by the Mayor. I Barbara Christens n, City Recorder SIGNED and APPROVED this day of May, 2013: John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney I Page 2 of 2 CITY OF ASHLAND Memo ~I I DATE: March 4, 2013 TO: Lee Tuneberg, Director of Administrative Services & Finance FROM: Mark! Holden, Director of IT and Electric Utility RE: Tele mmunications Fund Transfer from Capital account to Expense account Mr. Lee Tuneberg, This is a request for the Telecommunications Division to move the $20,000 currently in Capital Outlay (CIP) "Node Replacement Batteries" to Material and Services as follows: Current Account Proposed Account Capital Outlay- Equipment 691.02.47.00.703000 Material and Services- Other 691.02.47.00.601640 The "Node Replacement Batteries" are currently budgeted in the capital account; the total for the batteries is $20,000. However, the individual batteries are below the $5,000 threshold for a capital item. The proposed changl allows for the planned purchase and correct classification of the battery replacements. It you have any questions or need any additional information please let me know. Regards, Mark Holden Director of IT and Electric Utility Electric Dept. Tel: 541-488-5357 90 N Mountain St. Fax: 541-552 2436 Ashland, Oregon 97520 TTY: 800-735.2900 w ashland.orxs CITY OF ASHLAND Memo DATE: May 15, 2013 TO: Lee T Ineberg, Administrative Services/Finance Director FROM: Bryn Morrison, Customer Service Division Supervisor I DEPT: Administrative Set-vices RE: Request Transfer of appropriations I would like to request a transfer of appropriations of $6,000 due to unexpected overtime and temporary staffing costs related to the software conversion and Family Medical Leave. I ADMINISTRATIVE SERVICES DEPARTMENT D. L. Tuneberg, Dlreclor Tel: 5414811-5300 20 East Main Street Fax: 541652.2059 Ashland, Oregon 97520 TTY: 800-735-2900 wwwww.ashlaniocus I CITY OF ASHLAND Memo TO: Lee Tuneberg - Administrative Services/Finance Director FROM: Mike Morrison - Public Works Superintendent DATE: 5/8/13 RE: Contingency Funds I The Public Works Departments maintenance division (730.08.24) has experienced an increase in costs due to the unexpected number of specialized equipment repairs completed by outside vendors. Outside vendors are being used due to the complexity of the equipment, specialized knowledge and tools required. This is an unusual circumstance as normally the shop will have to repairs in excess of $2,000 a couple times per year. However, so far this year (FY 13), staff has contracted the more expensive work out to vendors nine times with the cost of repairs ranging from $2,350 to $6,500 each for a total of $35,026.29. We also just completeld our yearly mandated inspection of aerial equipment used for working on high voltage electrical systems. While on site, the service technician found problems with two electric department vehicles. One of the repairs required the aerial equipment to be locked out of service until it could be repaired, for safety reasons. The expected inspection and repair bill on this between $9,500 and $10,000 in total. Without completing these inspections and repairs, we would be out of compliance with OSHA requirements. Because of the greater than anticipated repair costs, the unknown repairs that will be needed for the remainder of this fiscal year and a lack of room in the remaining budget to offset the increase, we need to request $70,000 in materials and services (730.08.24.00.602223) to cover our expenses. This will allow us to continue to maintain the fleet through the end of this fiscal year. Our nine large repairs include: 1. Vehicle 4489 - Head Gasket/Fuel Tank Delamination $6,216.72 2. Vehicle #5251- EGR Valve/ Head Gasket $4,999.00 3. Vehicle #445 Steering Gear/ Spring hanger replacement $2,990.64 4. Vehicle #489 Head Gasket $3,397.32 5. Vehicle #489 - Radiator and Condensor Replacement $2,641.18 6. Vehicle #491 L Rear Brake Replacement (Backhoe) $2,350.84 7. Vehicle #491 L Head Gasket $2,394.93 8. Vehicle #310 Rear Brakes, Bearings, Seals $6,500.00 9. Terrace St. Generator - Load Bank testing and radiator $3,535.66 ~r, CITY OF ASHLAND Council Communication May 21, 2013, Business Meeting A Resolution Authorizing and Approving a State Revolving Fund Loan Agreement to Finance Wastewater System Projects FROM: Scott A. Fleury, Engineering Services Manager, Public Works/Engineering f1eurys@ashland.or.us SUMMARY The City of Ashland Engineering Department has applied and been approved for a Clean Water State Revolving Fund Loan (CWSRF) for wastewater system projects. In order to finalize the loan documents the City C uncil must approve a resolution to authorize and approve the loan. BACKGROUND AND POLICY IMPLICATIONS: Through development and approval of the Wastewater Master Plan numerous capital improvement projects were identified to meet and maintain regulatory compliance. These projects include life cycle replacement of the membrane filters, relocation of the City's current effluent outfall from Ashland Creek to Bear Creek and riparian shading to meet future temperature requirements within the National Pollution Elimination) System permit. As part of the process to fund these projects the City identified potential funding sources including low interest loans from the Department of Environmental Quality CWSRF program. The low interest loans include a "sponsorship option" that allows for the interest on these loans to be as low as I%. The sponsorship option encourages communities to pursue restoration or protection projects in conjunction with traditional wastewater projects. The City's restoration projects associated with the wastewater sponsorship option include relocation of the current outfall and streamside shading. These sponsorship projects will also assist the City in meeting regulatory compliance within the wastewater system. The City applied for al total of $4,549,691 in CWSRF for replacement of membranes, relocation of the current effluent outfall and riparian shading project. Table I shows the allocation breakdown for the three projects. Table 1: Membranes: $1,645,280 Shading & Outfall Relocation: $2,904,411 Totals: $4,549,691 The loan repayment sl hedule details the first loan payment due in September of 2015. The loan repayment schedule was constructed to pay back the membrane portion in 15 years, the useful life of the membranes, while the sponsorship option projects are amortized over a 20 year useful life. In addition to approving and authorizing the loan resolution, a legal counsel opinion is required to finalize the loan documents. The City of Ashland Legal Department has reviewed the loan documents and will Page I of 2 CITY OF ASHLAND create the legal opinion the City can legally enter into a loan agreement and that by doing so the City does not violate any i ther agreement, statute, order or law which the City is bound to. FISCAL IMPLICATIONS: The 1% loan has a.5% loan fee associated with the total amount borrowed. The loan intended for these projects represents a decreased interest rate from the forecasted financial analysis provided within the wastewater master plan. This reduction of interest will possibly allow for a reduction in the proposed rate structure after another year of revenue and expenditure data is collected. Public Works will provide Council with) a revenue analysis in comparison to expenditures for wastewater projects to make a final determination on future recommended rate increases. I STAFF RECOMMENDATION AND REOUESTED ACTION: Staff recommends Council approve the resolution authorizing and approving a Clean Water State Revolving Fund Loan Agreement. SUGGESTED MOTION: Move to approve a resolution titled, "A resolution authorizing and approving a state revolving fund loan agreement to finance wastewater system projects." ATTACHMENTS: • Proposed Resolution • DEQ Loan Agreement #R11751 I i i I Page 2 of 2 VA, RESOLUTION NO. 2013- A RESOLUTION AUTHORZING AND APPROVING A STATE REVOLVINGIFUND LOAN AGREEMENT TO FINANCE WASTEWATER SYSTEM PROJECTS RECITALS: A. The City of Ashland (the "City") has entered into negotiations with the State of Oregon Department of Environmental Quality (the "DEQ") for a loan to the City from the State Revolving Fund in the approximate amount of $4,549,691 for the purposes of a wastewater membrane system upgrade and riparian restoration work within the Bear Creek Watershed. B. The DEQ has (provided to the City a proposed State Revolving Fund Loan Agreement. C. The Interest rate on the proposed loan is 1.00% per annum. D. The proposed loan is to be fully repaid 20 years after the estimated or actual date of completion of the project, whichever is earlier. I E. The proposed loan would be secured by the net operating revenues of the City's wastewater system. F. Under the proposed loan, the City would pay an annual fee of 0.5% of the outstanding loan amount, in addition to interest. i G. The proposed loan requires the City to review its wastewater rates and fees at least annually and to adjust them as necessary to ensure collections sufficient to meet a specified debt service requirement. I H. The City Attorney and Director of Finance have approved this proposed agreement as to legal sufficiency and conformance with generally accepted accounting principles. i THE CITY COUNCIL OF THE CITY OF ASHLAND RESOLVES AS FOLLOWS: I SECTION 1. ThelCity does authorize and approve of the form of the SRF Loan Agreement for the financing of wi stewater system projects. SECTION 2. ThelCity does authorize and approve the establishment and funding of a designated reserve' account to meet the "Loan Reserve" requirement of the SRF Loan Agreement, and does direct the Director of Finance to establish this loan reserve. SECTION 3. ThelCity does authorize and approve the Director of Finance and the City Administrator, acting for and on behalf of the City and without further action by the City Council, to execute the final SRF Loan Agreement and such other and additional documents as Resolution No. 2013- Page 1 of 2 may reasonably be required for the consummation and closing of the loan, and any amendments required thereafter. This resolution was duly PASSED and ADOPTED this day of 2013, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 12013. John Stromberg, Mayor Reviewed as to form: David H. Lohman) City Attorney i ill I !I I i CLEAN WATER STATE REVOLVING FUND LOAN AGREEMENT No. R11751 BETWEEN THE STATE OF OREGON ACTING BY AND THROUGH ITS DEPARTMENT OF ENVIRONMENTAL QUALITY AND i CITY OF ASHLAND I I I j I i a i I I OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND PAGE 2 TABLE OF CONTENTS ARTICLE 1: THE LOAN - SPECIFIC TERMS 3 - I ARTICLE2: GENERAL LOAN PROVISIONS' ......................................................................................4 ARTICLE 3: GENERAL REPRESENTATIONS, WARRANTIES AND COVENANTS .................................7 ARTICLE 4: CONDITIONS TO LOAN ................................................................................................8 ARTICLE. 5: COVENANTS OF BORROWER ................................................................10 ARTICLE 6: REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS RELATINGTO CONSTRUCTION PROJECTS ONLY 14 ARTICLE 7: DISCLAIMERS BY DEQ, LIMITATIONS ON DEQ'S LIABILITY ................................17 ARTICLES: DEFAULT AND REMEDIES 18 I ARTICLES: DEFINITIONS 19 ARTICLE 10: MISiCELLANEOUS 21 I APPENDIX A: RE AYMENT SCHEDULE 25 APPENDIX B: ESTIMATED CWSRF LOAN DISBURSEMENT SCHEDULE 26 APPENDIX C: DBE GOOD FAITH EFFORTS .................................................................................27 APPENDIX D: APPLICABLE. FEDERAL AUTHORITIES AND LAWS ("CROSS-CUTTERS")............ 28 APPENDIX E: DAMS-BACON PROVISION ...............................................................29 APPENDIX F: EQUAL EMPLOYMENT OPPORTUNITY .................................................38 APPENDIX G: CERTIFICATION REGARDING LOBBYING ..............................................40 I it i i i i CITY OF ASHLAND: RI 1751:2718473 (8/15/11) LOAN AGREEMENT OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND PAGE 3 THIS LOAN AGREEMENT is made and entered into as of the date it is fully executed by both parties (and in the case of the State, approved by the Attorney General's Office, if required) and is by and between the State of Oregon, acting by add through its Department of Environmental Quality ("DEQ"), and the Borrower (as defined below). Unless the context requires otherwise, capitalized terms not defined below shall have the meanings assigned to them by ARTICLE 9 of this Loan Agreement. The reference number for the Loan made pursuant to this Loan Agreement is Loan No. RI 1751. DEQ agrees to make, and Borrower agrees to accept, the Loan on the terms and subject to the conditions set forth below. ARTICLE 1: THE LOAN - SPECIFIC TERMS DEQ agrees to make the Loan on the following terms and conditions: (A) BORROWER: City of Ashland. (B) BO RROWER's ADDRESS: City of Ashland 20 E. Main Street Ashland, Oregon 97520 Fax 541-488-6006 (C) LOAN AMOUNT: $4,549,691. i (D) TYPE AND PURPOSE OF LOAN. The Loan is a "Revenue Secured Loan" made by DEQ pursuant to OAR Section 340-054-0065(2) for the purpose of financing the Project. This is a sponsorship option loan, issued to the Borrower under OAR 340-054-0022(6)(c). (E) PROJECTTITLE: Wastewater Membrane System Upgrade. I (F) DESCRIPTION OF THE PROJECT: Purchase and installation of new membrane system upgrade atlthe wastewater treatment facility, per the Borrower's application dated January 8, 2009. This is also' a sponsorship option Loan, which includes riparian restoration work within the Bear Creek Watershed.. (G) INTERESTRATE: One and 00/100 percent (1.00%) per annum. Calculation of interest is also discussed in ARTICLE 2(E) and in ARTICLE 2(F)(4) of this Agreement. (H) REPAYMENT PERIOD: An interest-only payment shall be made September 1, 2015 and payments thereafter shall be made according to the schedule at Appendix A. Repayment of amounts owed for the wastewater membrane system upgrade shall end no later'than (a) fifteen (15) years after the Completion Date or (b) fifteen (15) years after the estimated Completion Date set forth in ARTICLE 3(A)(10), whichever date is earlier. (1) TERMS OF REPAYMENT: An interest-only payment within six months after the estimated Project Completion Date set forth in ARTICLE 3(A)(10) and thereafter semi-annual CrryoF ASHLAND: Rl 1751:2718473 (8/15/11) LOAN AGREEMENT OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND PAGE4 payments of principal and interest in accordance with APPENDix A and ARTICLE 2(F) of this Agreement. (.n PLEDGE: The Borrower hereby grants to DEQ a security interest in and irrevocably pledges its Net Operating Revenues to secure payment of and to pay the amounts due under this Loan Agreement. The Net Operating Revenues so pledged and hereafter received by the Borrower shall immediately be subject to the lien of such pledge without physical delivery or further act, and the lien of the pledge shall be superior to all other claims and liens whatsoever, to the fullest extent permitted by ORS 287A.310. The Borrower represents and warrants that the pledge of Net Operating Revenues hereby made by the Borrower complies with, and shall be valid and bindinglfrom the date of this Agreement pursuant to, ORS 287A.310. The Borrower covenants with DEQ and any assignee of this Agreement that except as otherwise expressly provided herein, the Borrower shall not issue any other obligations which have a pledge or lien on the Net Operating Revenues superior to or on a parity with the pledge herein granted without the written permission of DEQ. This Loan is a parity obligation with all other CWSRF loans between DEQ and the Borrower; provided, however, that this provision shall not affect the priority that prior CWSRF loans are entitled to in relation to any loans between Borrower and any third parties. (I) ANNUAL FEE: An annual fee of 0.5% of the Outstanding Loan Amount (as determined prior to the posting of the payment due on that date) is due during the Repayment Period commencing with the second payment date hereunder and annually thereafter. Annual fee payments due during the calendar years 2013 and 2014, if any, will be 0.25% of the Outstanding Loan Amount. ARTICLE 2: GENERAL LOAN PROVISIONS (A) AGREEMENT of DEQ To LOAN. DEQ agrees to loan the Borrower an amount not to exceed the Loan Amount, subject to the terms and conditions of this Loan Agreement, but solely from funds available to DEQ in the Water Pollution Control Revolving Fund for its Clean Water State Revolving Fund program. This Loan Agreement is given as evidence of a Loan to the Borrower made by DEQ pursuant to ORS Chapters 190, 286A, 287A, and 468, and OAR Chapter 340, all as amended from time to time, consistent with the express provisions hereof. (B) AVAILABILITY OF FUNDS. DEQ's obligation to make the Loan described in this Agreement is subject to the availability of funds in the Water Pollution Control Revolving Fund for its CWSRF program, and DEQ shall have no liability to the Borrower or any other party if such funds are not available or are not available in amounts sufficient to fund the entire Loan described herein,ias determined by DEQ in the reasonable exercise of its administrative discretion. Funds may not be available ahead of the estimated schedule of disbursements submitted by the !Borrower, which is attached as APPENDIX B. This schedule may be revised from time to time by the parties without the necessity of an amendment by replacing the then current APPENDIx B with an updated APPENDIX B which is dated and signed by both parties. (C) DISBURSEMENT OF LOAN PROCEEDS. I CrrY OF ASIILAND: R 11751:2 1 18473 (8/15/11) LOAN AGREEMENT OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND PAGE 5 (1)I Project Account(s). Loan proceeds (as and when disbursed by DEQ to the Borrower) shall be deposited in a Project account(s). The Borrower shall maintain Project account(s) as segregated account(s). Funds in the Project account(s) shall only be used to pay for Project costs, and all earnings on the Project account(s) shall be credited to the account(s). (2)' Documentation of Expenditures. The Borrower shall provide DEQ with written evidence of materials and labor furnished to and performed upon the Project and, such receipts for the payment of the same, releases, satisfactions and other signed statements and forms as DEQ may reasonably require. DEQ will disburse funds to pay Project, costs only after the Borrower has provided documentation satisfactory to DEQ that such PSI oject costs have been incurred and qualify for reimbursement hereunder. (3) Adjustments and Corrections. DEQ may at any time review and audit requests for disbursement and make adjustments for, among other things, ineligible expenditures, mathematical errors, items not built or bought, unacceptable work and other discrepancies. Nothing in this Agreement requires DEQ to pay any amount for labor or materials unless DEQ.is satisfied that the claim therefor is reasonable and that the Borrower actually expended and used such labor or materials in the Project. In addition, DEQ shall, not be required to make any disbursement which would cause the total of all disbursements made hereunder (including the requested disbursement) to be greater than the total estimated cost of the work completed at the time of the disbursement, as determined by DEQ. (4) Contract Retainage Disbursement. DEQ will not disburse Loan proceeds to cover contractor retainage unless the Borrower is disbursing retainage to an escrow account and provides proof of the deposit, or until the Borrower provides proof that it paid retained funds to the contractor. (D) AGREEMENT OF BORROWER TO REPAY. The Borrower agrees to repay all amounts owed on this Loan as described in ARTICLE 1(I) and ARTICLE 2(F) in U.S. Dollars in immediately available funds at the place listed for DEQ in ARTICLE 10(A). In any case, the Borrower agrees to repay all amounts owed on this Loan within the Repayment Period. (E) INTEREST. Interest will accrue at the rate specified in ARTICLE 1(G) from the date that a disbursement hereunder is mailed or delivered to the Borrower or deposited into an account of the Borrower. Interest will accrue using a 365/366 day year and actual days elapsed until the Final Loan Amount is determined and the final repayment schedule is prepared and thereafter on a 360- day year basis and actual days elapsed. (F) LOAN REPAYMENT. (1) Preliminary Repayment Schedule; Interim Payments. The attached APPENDIXI A is a preliminary repayment schedule based on the estimated date of the first disbursement hereunder and Loan Amount. Until the final repayment schedule is effective, the Borrower shall make the payments set forth in the preliminary repayment schedule. (2) Final Repayment Schedule. After the Borrower has submitted its final request foil Loan proceeds and DEQ has made all required disbursements hereunder, DEQ CITY OF ASHLAND: R11751: 2718473 (8115111) LOAN AGREEMENT OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND PAGE 6. 1 will determine the Final Loan Amount and prepare a final payment schedule that provides for level semi-annual installment payments of principal and interest (commencing on the next semi-annual payment date), each in an amount sufficient to pay accrued interest to the date of payment and to pay so much of the principal balance as to fully amortize the then Outstanding Loan Amount over the remaining Repayment Period. (3) j Crediting of Scheduled Payments. A scheduled payment received before the scheduled repayment date will be applied to interest and principal on the scheduled repayment date, rather than on the day such payment is received. Scheduled payments will be applied first to fees due, if any, and then to interest, according to the applicable repayment schedule, and then to principal. (4) Crediting of Unscheduled Payments. All unscheduled payments, including any prepayments and partial payments, will be applied first to fees due, if any, and then to accred unpaid interest (which will be computed as otherwise provided in this Agreement, except thatlinterest from the last payment date will be calculated using a 365/366 day year and actual days elapsed), and then to principal. In the case of a Loan prepayment that does not prepay' all of the principal of the Loan, DEQ will determine, in its sole discretion, how it will) apply such Loan prepayment to the Outstanding Loan Amount. After a partial payment, DEQ may, in its sole and absolute discretion, reamortize the Outstanding Loan Amount at the same interest rate for the same number of payments to decrease the Loan payment amount; provided, however, that nothing in this Agreement requires DEQ to accept any partial payment or to reamortize the Outstanding Loan Amount if it accepts a partial payment. (5) Final Payment. The Outstanding Loan Amount, all accred and unpaid interest, and all unpaid fees and charges due hereunder are due and payable no later than twenty (20) years after the Completion Date. (G) PREPAYMENT. (1) Optional Prepayment. The Borrower may prepay any amount owed on this Loan without penalty on any business day upon 24 hours prior written notice. Any prepayment i made hereunder will be applied in accordance with ARTICLE 2(F)(4). (2) Refinancing of Loan by the Borrower. If the Borrower refinances the portion of the Project financed by this Loan or obtains an additional grant or loan that is intended to finance the portion of the Project financed by this Loan, it will prepay the portion of the Loan being refinanced by the additional grant or loan. (3) Ineligible Uses of the Project. If the Borrower uses the Project for uses that are other than those described in ARTICLE I(F) ("ineligible uses"), the Borrower shall, upon demand by DEQ, prepay an amount equal to the Outstanding Loan Amount multiplied by the percentage (as determined by DEQ) of ineligible use of the Project. Such prepayment shall be applied against the most remotely maturing principal installments and shall not postpone the due date of any payment(s) hereunder. it CITY of ASHLAND: R11751: 2I 18473 (8/15/11) LOAN AGREEMENT OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND PAGE 7 (H) LATE PAYMENT FEE. The Borrower agrees to pay immediately upon DEQ's demand a late fee equal to five percent (5%) of any payment (including any loan fee) that is not received by DEQ on or before the tenth (10`x') calendar day after such payment is due hereunder. (1) TERMINATION OF LOAN AGREEMENT. Upon performance by the Borrower of all of its obligations under this Loan Agreement, including payment in full of the Final Loan Amount, all accrued interestland all fees, charges and other amounts due hereunder, this Loan Agreement will terminate, and DEQ will release its interest in any collateral given as security under this Loan Agreement ARTICLE 3: GENERAL REPRESENTATIONS, WARRANTIES AND COVENANTS (A) REPRESENTATIONS AND WARRANTIES OF THE BORROWER. The Borrower represents and war I rants to DEQ that: (1)~ It is a duly formed and existing public agency (as defined in ORS 468.423(2)) and has full power and authority to enter into this Loan Agreement I (2)I This Agreement has been duly authorized and executed and delivered by an authorized officer of the Borrower and constitutes the legal, valid and binding obligation of the Borrower enforceable in accordance with its terms. (3)I All acts, conditions and things required to exist, happen and be performed precedent to and in the issuance of this Agreement have existed, have happened, and have been performed in due time, form and manner as required by law. (4); Neither the execution of this Loan Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with any of the terms andlconditions of this Loan Agreement will violate any provision of law, or any order of an y court or other agency of government, or any agreement or other instrument to which the Borrower is now a party or by which the Borrower or any of its properties or assets is bound. Nor will this Loan Agreement be in conflict with, result in a breach of, or constitute a default under, any such agreement or other instrument, or, except as provided Ihereunder, result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any of the property or assets of the Borrowed (5) This Loan Agreement does not create any unconstitutional indebtedness. The Loan Amount together with all of the Borrower's other obligations does not, and will not, exceed any limits prescribed by the Constitution, any of the statutes of the State of Oregon, the Borrower's charter, or any other authority. (6) The Project is a project which the Borrower may undertake pursuant to Oregon law and for which the Borrower is authorized by law to borrow money. (7) The Borrower has full legal right and authority and all necessary licenses and permilts required as of the date hereof to own, operate and maintain the Facility and CTTY OF ASHLAND: RI 1751: 2718473 (8/15/11) LOAN AGREEMENT OREGON DEPARTMENT OFI EN V IRONMENTAL QUALITY CLEAN WATER STATE.REVOLVrNG FUND PAGE 8 the Project, other than licenses and permits relating to the Facility or the Project which the Borrower expects to and shall receive in the ordinary course of business, to cant' on its activities relating thereto, to execute and deliver this Agreement, to undertake and complete the Project, and to carry out and consummate all transactions contemplated by this Agreement. (8) The information contained herein which was provided by the Borrower is true and accurate in all respects, and there is no material adverse information relating to the Project or the Loan, known to the Borrower, that has not been disclosed in writing to DEQ. (9) No litigation exists or has been threatened that would cast doubt on the enforceability of the Borrower's obligations under this Loan Agreement. (10) The estimated Completion Date of the Project is June 30, 2018. The Borrower agrees to complete the Project by the estimated Completion Date. (11) The estimated total Costs of the Project are $4,549,691. (12) The Borrower is in compliance with all laws, ordinances, and governmental rules and regulations to which it is subject, the failure to comply with which would materially adversely affect the ability of the Borrower to conduct its activities or undertake or complete the Project or the condition (financial or otherwise) of the Borrower or the Project. I i (B) CONTINUING REPRESENTATIONS OF THE BORROWER. The representations of the Borrower contained herein shall be true on the closing date for the Loan and at all times during the term of this Agreement. (C) REPRESENTATIONS AND WARRANTIES OF DEQ. DEQ represents and warrants that the Director has power under ORS Chapter 468 and OAR Chapter 340, Division 54, to enter into the transactions contemplated by this Loan Agreement and to carry out DEQ's obligations thereunder and that the Director is authorized to execute and deliver this Loan Agreement and to make the Loan a contemplated hereby. ARTICLE 4: CONDITIONS TO LOAN I (A) CONDITIONS TO CLOSING. DEQ's obligations hereunder are subject to the condition that on or prior to June 26, 2013, the Borrower will duly execute and deliver to DEQ the following items, each in form and substance satisfactory to DEQ and its counsel: (1) this Agreement duly executed and delivered by an authorized officer of the Borrower; (2) a copy of the ordinance, order or resolution of the governing body of the Borrower authorizing the execution and, delivery of this Agreement, certified by an authorized officer of the Borrower; I i CITY OF ASHLAND: R11751: 21718473 (8115/11) LOAN AGREEMENT OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATF REVOLVING FUND PAGE 9 (3) Certification Regarding Lobbying, substantially in the form of APPENDIX G, duly executed and delivered by an authorized officer of the Borrower; (4) an opinion of the legal counsel to the Borrower to the effect that: (a) The Borrower has the power and authority to execute and deliver and perform its obligations under this Loan Agreement; (b) This Loan Agreement has been duly executed and acknowledged where necessary by the Borrowers authorized representative(s), all required approvals have been obtained, and all other necessary actions have been taken, so that this Loan Agreement is valid, binding, and enforceable against the Borrower in accordance with its terms, except as such enforcement is affected by bankruptcy, ins I olvency, moratorium, or other laws affecting creditors rights generally; (e) To such counsel's knowledge, this Loan Agreement does not violate any other agreement, statute, court order, or law to which the Borrower is a party or by'which it or any of its property or assets is bound; and (d) The Gross Revenues from which the Net Operating Revenues are derived and that are used as security for the Loan will not constitute taxes that are limited by Section l lb, Article XI of the Oregon Constitution; and (5) such other documents, certificates, opinions and information as DEQ or its counsel mi y reasonably require: (B) CONDITIONS To DISBURSEMENTS. Notwithstanding anything in this Agreement to the contrary, DEQ shall have no obligation to make any disbursement to the Borrower under this Agreement unless: i (1) No Event of Default and no event, omission or failure of a condition which would constitute an Event of Default after notice or lapse of time or both has occurred and is continuing; (2) All of the Borrower's representations and warranties in this Agreement are true and correct on the date of disbursement with the same effect as if made on such date; and (3) The Borrower submits a disbursement request to DEQ that complies with the requiremeuts of ARTICLE 2(C); provided, however, DEQ shall be under no obligation to make any disbursement if: (x) DEQ determines, in the reasonable exercise of its administrative discretion, there is insufficient money available in the SRF and CWSRF Program for the Project; or I (y) there has been a change in any applicable state or federal law, statute, rule or regulation so that the Project is no longer eligible for the Loan. i CITY OF ASHLAND: RI 1751:2718473 (8/15/11) LOAN AGRF.FmENT OREGON DEPARTMENT OFiENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND PAGE 10 ARTICLE 5: COVENANTS OF BORROWER i (A) GENERAL COVENANTS OF THE BORROWER. Until the Loan is paid in full, the Borrower covenan i ts with DEQ that: (1) The Borrower shall use the Loan funds only for payment or reimbursement of the Costs of the Project in accordance with this Loan Agreement. The Borrower acknowledges and agrees that the Costs of the Project do NOT include any Lobbying costs or expenses incurred by Borrower or any 'person on behalf of Borrower and that Borrower will not request payment or reimbursement for Lobbying costs and expenses. (2) If the Loan proceeds are insufficient to pay for the Costs of the Project in full, the Borrower shall pay from its own funds and without any right of reimbursement from DEQ all such Costs of the Project in excess of the Loan proceeds. i (3) The Borrower is and will be the owner of the Facility and the Project and shall defend them against the claims and demands of all other persons at any time claiming the same or any interest therein. . I (4) Th'e Borrower shall not sell, lease, transfer, or encumber or enter into any management agreement or special use agreement with respect to the Facility or any.financial or fixed asset of the utility system that produces the Net Operating Revenues without DEQ's prior written approval, ,which approval may be withheld for any reason. Upon sale, transfer or encumbrance of the Facility or the Project, in whole or in part, to a private person or entity, this Loan shall be immediately due and payable in full. (5) Concurrent with the execution and delivery of this Loan Agreement, or as soon thereafter as practicable, the Borrower shall take all steps necessary to cause the Project to be completed in a timely manner in accordance with all applicable DEQ requirements. Project construction must begin within five (5) years of the environmental determination required by OAR 340-054-0022(5)(c). Borrower shall take reasonable steps to begin using the Loan proceeds within two (2) years after execution of this Agreement, and if Borrower fails to do so, DEQ may terminate this Agreement. (6) The Borrower shall take no action that would adversely affect the eligibility of the Project as a CWSRF project or cause a violation of any Loan covenant in this Agreement. (7) THe Borrower shall undertake the Project, request disbursements under this Loan Agreement, and use the Loan proceeds in full compliance with all applicable laws and regulations of the State of Oregon, including but not limited to ORS Chapter 468 and Oregon Administrative Rules Sections 340-054-0005 to 340-054-0065, as they may be amended from time to time, and all applicable federal authorities and laws and regulations of the United States, including but not'ilimited to Title VI of the Clean Water Act as amended by theWater Quality Act of 1987, Public Law 100-4, the federal cross-cutters listed at APPENDIX D, the equal employment opportunity provisions in APPENDIx F, and the regulations of the U.S. Environmental Protection Agency, all as they may be amended from time to time. (8) I' le Borrower shall keep the Facility in good repair and working order at all times and operate the Facility in an efficient and economical manner. The Borrower shall provide the i CITY Or ASHLAND: R11751:2 18473 (8115111) LOAN AcaEEmEM OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND PAGE I I necessary resources for adequate operation, maintenance and replacement of the Project and retain sufficient personnel to operate the Facility. (9) Interest paid on this Loan Agreement is not excludable from gross income under Section 103(a) of the Internal Revenue Code of 1986, as amended (the "Code"). However, DEQ may have funded this Loan with the proceeds of State bonds that bear interest that is excludable from gross income under Section 103(a) of the Code. Section 141 of the Code requires that the State not allow the proceeds of the State bonds to be used by private entities (including the federal government) in such a way that the State bonds would become "private activity bonds" as defined in Section 141 of the Code. To protect the State bonds the Borrower agrees that it shall not use the Loan proceeds or lease, transfer or otherwise permit the use of the Project by any private person or entity in any way that that would cause this Loan Agreement or the State bonds to be treated as "private activity bonds" under Section 141 of the Code and the regulations promulgated under that Section' of the Code. (B) DEBT SERVICE COVERAGE REQUIREMENT; WASTEWATER RATE COVENANT; REPORTING. (1) Debt Service Coverage Requirement. The Borrower shall maintain wastewater rates and charge fees in connection with the operation of the Facility that are adequate to generate Net Operating Revenues in each fiscal year sufficient to pay (i) all debt service (excluding debt service on the Loan), (ii) all other financial obligations imposed in connectior with prior lien obligations of the Borrower, and (iii) an amount equal to the debt service coverage factor of 105% multiplied by the debt service payments due under this Loan Agreement in that fiscal year. (2) Wastewater Rate Adjustments. The Borrower shall review its wastewater rates and fees at least annually. If, in any fiscal year, the Borrower fails to collect fees sufficient to meet the debt service coverage requirement described in ARTICLE 5(B)(1), the Borrower shall promptly adjust its wastewater rates and fees to assure future compliance with such coverage requirement. The Borrower's adjustment of the wastewater rates and fees does not constitute a cure of any default by the Borrower of the debt service coverage requirement set forth in ARTICLE 5(B)(1). The Borrower's failure to adjust rates shall not, at the discretion of DEQ, constitute a default if the Borrower transfers to the fund that holds the Net Operating Revenues unencumbered resources in an amount equal to the revenue defrciencyjto the Facility that produces the Net Operating Revenues. (3) Reporting Requirement. By December 31 of each year the Borrower shall provide DEQ with a report that demonstrates the Borrower's compliance with the requirements of this ARTICLE 5(B). If the audit report described in ARTICLE 5(F) identifies the Net Operating Revenues and contains a calculation demonstrating the Borrower's satisfaction of the requirements of this ARTICLE 5(B), that audit will satisfy the requirements of this ARTICLE 5(B)(3). I CITY of ASHLAND: RI 1751:2718473 (8/15/11) LOAN AGREEMENT OREGON DEPARTMENT OF, ENVIRONMENTAL QUALITY CLEAN WATER STATE REOLVING FUND PAGE 12 (C) LOAN RESERVE REQUIREMENT; LOAN RESERVE ACCOUNT. (1) Loan Reserve Requirement, The Loan reserve requirement equals 100% times one{half of the average annual debt service based on the final repayment schedule. Until the Final Loan Amount is calculated, the Loan reserve requirement is $210,174. The Borrower 'shall deposit the Loan reserve requirement amount into the Loan Reserve Account no later than the date the first payment is due hereunder. (2) Loan Reserve Account. The Borrower shall create a segregated Loan Reserve Account that shall be held in trust for the benefit of DEQ. The Borrower hereby grants to DEQ a security interest in and irrevocably pledges the Loan Reserve Account to pay the amounts due under this Loan Agreement. The funds in Loan Reserve Account so pledged and hereafter received by the Borrower shall immediately be subject to the lien of such pledge without physical delivery or further act, and the lien of the pledge shall be Superior to all other claims and liens whatsoever, to the fullest extent permitted by ORS 287A.310. The Borrower represents and warrants that the pledge of the Loan Reserve Account hereby made by the Borrower complies with, and shall be valid and binding from the date of this Agreement pursuant to, ORS 287A.310. The Borrower shall use the funds in the Loan Reserve Account solely to pay amounts due hereunder until the principal, interest, fees, and any other amounts due hereunder have been fully paid. (3) Additional Deposits. If the balance in the Loan Reserve Account falls below the Loan reserve' requirement, the Borrower shall promptly deposit from the first Net Operating! Revenues available after payment of the amounts due hereunder (unless the Borrower has previously made such deposit from other money of the Borrower) an amount sufficient to restore the balance up to the Loan reserve requirement. i (D) INSURANCE. At its own expense, the Borrower shall, during the term of this Agreement, procure and maintain insurance coverage (including, but not limited to, hazard, flood and general liability insurance) adequate to protect DEQ's interest and in such amounts and against such risks as are 'usually insurable in connection with similar projects and as is usually carried by entities operating) similar facilities. The insurance shall be with an entity which is acceptable to DEQ. The Borrower shall provide evidence of such insurance to DEQ. Self insurance maintained pursuant to a recognized municipal program of self-insurance will satisfy this requirement. I (E) 1NOCMNIF/CATION. The Borrower shall, to the extent permitted by law and the Oregon Constitution, indemnify, save and hold the State, its officers, agents and employees harmless from and (subject to ORS Chapter 180) defend each ojthem against any and all claims, suits, actions, losses, damages, liabilities, cost and expenses of any nature whatsoever resulting from, arising ow of or relating to the acts or omissions of the Borrower or its•of cers, employees, subcontractors or. agents in regard to this Agreement or the Project. (F) THE BORROWER'S FINANCIAL RECORDS, FINANCIAL REPORTING REQUIREMENTS) I (1) Financial Records. The Borrower shall keep proper and complete books of record and account and maintain all fiscal records related to this Agreement, the CITY OF As}ILAND: RI 1751:2718473 (8115111) LOAN AGREEMENT OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND PAGE 13 Project, and the Facility in accordance with generally accepted accounting principles, generally accepted government accounting standards, the requirements of the Governmental Accounting Standards Board, and state minimum standards for audits of municipal corporations. The Borrower must maintain separate Project accounts in accordance with generally accepted government accounting standards promulgated by the Governmental Accounting Standards Board. The Borrower will permit DEQ and the Oregon Secretary of State and their representatives to inspect its properties, and all work done, labor performed and materials furnished in and about the Project, and DEQ, the Oregon Secretary of State and the federal government and their duly authorized representatives shall have access to the Borrower's fiscal records and other books, documents, papers, plans and writings that are pertinent to this Agreement to perform examinations and audits and make excerpts and transcripts and take copies. (2) Record Retention Period. The Borrower shall retain and keep accessible files and records relating to the Project for at least six (6) years (or such longer period as may be required by applicable law) after Project completion as determined by DEQ and financial files and records until all amounts due under this Loan Agreement are fully repaid, or until the conclusion of any audit, controversy, or litigation arising out of or related to this Agreement, whichever date is later. (3) Audit. Federal enabling legislation and applicable regulations require an audit of each CWSR17 Loan. The Borrower agrees to provide to DEQ the following which DEQ agrees to accept as adequate to meet this federal audit requirement. (a) As soon as possible, but in no event later than six (6) months following the Project Completion Date, a full and complete accounting of the Costs oflthe Project, including but not limited to documentation to support each cost element and a summary of the Costs of the Project and the sources of funding; and (b) As soon as possible, but in no event later than nine (9) months after the end of each fiscal year, a copy of the Borrower's annual audit report, if requested by; DEQ. (4) Single Audit Act Requirements. The CWSRF Program receives capitalization grants through the Catalog of Federal Domestic Assistance ("CFDA") No. 66.458: Capitalization Grants for State Revolving Funds and is subject to the regulations of the U.S. Environmental Protection Agency ("EPA"). The CWSRF Program is subject to the U.S.. Office of Management and Budget Circular A-133, "Audits of States, Local Govermnents, and Non-Profit Organizations" implementing the Single Audit Act of 1984, 31 U.S.C. §§7501-7507 (1994) as amended by Pub. L. 104-156, §§1-3, 110 Stat. 1397 (1996) ("Circular A-133"). As a sub-recipient of a federal grant, the Borrower is subject toy Circular A-133 to the extent that Loan proceeds include federal capitalization grant funds. DEQ will notify the Borrower of the sources of the Loan funds at the end of each fiscal year, and to the extent required, the Borrower is responsible for compliance with the requirements of Circular A-133. (G) DBE GOOD FAITH EFFORT. Pursuant to the good faith efforts described in APPENDIX C, the Borrower shall make a good faith effort to promote fair share awards to Minority Busines''s Enterprises ("MBE"), Women's Business Enterprises ("WBE"), and Small i CITY OE AStILAND: RI 1751:2718473 (8115/11) LOAN AGREEMENT OREGON DEPARTMENT OF, ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND - PAGE 14 Businesses in Rural Areas ("SBRA") on all contracts and subcontracts awarded as part of the Project. The Borrower agrees to include in its contract(s) with its prime contractor(s), the following language, which must not be altered in any way: "I ne contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result. in the termination of this contract or other legally available remedies. The Borrower also agrees to include, in its contract(s) with its prime contractor(s), and shall cause each contract awarded by its prime contractor(s) to include, language to the following effect (the exact language may vary): (1) A prime contractor must pay its subcontractor(s) no more than 30 days from the prime contractor's receipt of payment from the Borrower. (2)I The Borrower must be notified in writing by its prime contractor prior to any termination of a DBE subcontractor for convenience by the prime contractor. (3)1 If a DBE subcontractor fails to complete work under the subcontract for any reason, the prime contractor must employ the Six Good Faith Efforts described in 40 C.F.R. 33.301 if soliciting a replacement subcontractor. (4) A prime contractor must employ the Six Good Faith Efforts even if the prime contractor has achieved its Fair Share Objectives under Subpart D of 40 C.F.R. Part 33. j (H) CONTRACT LANGUAGE. The Borrower shall include in all contracts (unless exempt) with its prime contractor(s) the language set forth in APPENDix F. Further, the Borrower agrees to fully comply with Subpart C of 2 C.F.R. 180 and Subpart C of 2 C.F.R. 1532 regarding debarment and suspension and agrees to include. or cause to be included in any contract at any tier the requirement that a contractor comply with Subpart C of 2 C.F.R. 180 and Subpart C of 2 C.F.R. 1532 if the contract is expected to equal or exceed $25,000. (I) PROJECT ASSURANCES. Nothing in this Loan Agreement prohibits the Borrower from requiring more assurances, guarantees, indemnity or other contractual requirements from any party performing (Project work. i ARTICLE 6: REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS RELATING TO CONSTRUCTION PROJECTS ONLY (A) THE BORROWER'S REPRESENTATION AND WARRANTY REGARDING COSTS ALREADYINCURRED. (1) The Borrower represents and warrants to DEQ that, as of the date of this Loan Agreement, the Costs of the Project actually incurred by the Borrower for construction, do not exceed $-1,645,280-. i CITY OF AStu.AND: RI t751:2718473 (8/15/11) LOAN AGREEMENT i OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND PAGE 15 (2)' The Borrower acknowledges that DEQ is relying upon the Borrower's representation regarding the amount of Costs of the Project incurred by the Borrower for construction prior to the date of this Loan Agreement as set forth in ARTICLE 6(A)(1) above to determine what portion of the Loan qualifies as a "refinancing" under the EPA's Clean Water State Revolving Fund regulations, 40 C.F.R. Part 35, that may be disbursed on a reimbursement basis. (B) CONDITION To DISBURSEMENTS. DEQ's obligation to make disbursements hereunder is further conditioned on the following: i (1)'I The Borrower's plans, specifications and related documents for the Project shall be reviewed and approved by DEQ, as required by OAR Chapter 340, Division 054. (2)I The Borrower has submitted documentation satisfactory to DEQ that the. disbursement is for work that complies with plans, specifications, change orders and addenda approved by DEQ, in accordance with OAR Chapter 340, Division 054. I (3)I The Borrower has submitted a copy of the awarded contract and bid documents (including a tabulation of all bids received) to DEQ for the portion of the Project costs that will be funded with the disbursement. (C) GENERAL PROVISIONS. The Borrower covenants with DEQ that: (1) Construction Manual. Unless stated otherwise in this Agreement, the Borrower shall comply with the requirements set forth in the Manual as in effect from time to time. DEQ will provide the Borrower with a copy of the Manual upon request. i (2) Plans and Specifications. The Borrower shall obtain DEQ's review and approval of the Borrower's plans, specifications, and related documents for the Project, as required by OAR Chapter 340, Division 054, prior to any disbursement of Loan proceeds hereunder'. (3) Change Orders. The Borrower shall submit all change orders to DEQ. The Borrower must submit prior to its execution any change order that exceeds $100,000 or will alter Project performance. The Borrower shall not use any Loan proceeds to pay for costs of any change order that DEQ has not approved in writing. This ARTICLE 6(C)(3) shall not Prevent the Borrower from using funds other than Loan proceeds to pay for a change order before DEQ approves it, but the Borrower bears the risk that DEQ will not approve die change order. i (4) Inspections; Reports. The Borrower shall provide inspection reports during the construction of the Project as required by DEQ to ensure that the Project complies with approved plans and specifications. Qualified inspectors shall conduct these inspections under the direction of a registered civil, mechanical or electrical engineer, ;whichever is appropriate. DEQ or its representative(s) may enter property owned orlcontrolled by the Borrower to conduct interim inspections and require progress reports sufficient to determine compliance with approved plans and specifications and with the Loan Agreement, as appropriate. I CITY OF ASHLAND: R11751: 2718473 (8/15/11) LOAN AGREP.MENT OREGON DEPARTMENT OP ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND PAGE 16 (5) Asbestos and Other Hazardous Materials. The Borrower. shall ensure that only persons trained and qualified for removal of asbestos or other Hazardous Materials will remove any asbestos or Hazardous Materials, respectively, which may be part of this Project. (6). Operation and Maintenance Manual. The Borrower shall submit to DEQ a draft Facility operation and maintenance manual before the Project is fifty percent (50%) complete. The Borrower shall submit to DEQ a final Facility operation and maintenance manual that meets DEQ's approval before the Project is ninety percent (90%) complete. (7) I Proiect Performance Certification. The Borrower shall submit to DEQ draft performance standards before the Project is fifty percent (50%) complete. The Borrower shall submit to DEQ final performance standards that meet DEQ's approval before the Project is ninety percent (901/6) complete. The Borrower shall submit to DEQ the following done in accordance with the Manual: (i) no later than 10.5 months after the Initiation of Operation (as that term is defined in OAR 340-054-0010(26)), a performance evaluation report based on the approved performance standards; (ii) within one year after the Project's Initiation of Operation, Project performance certification statement; and (iii) within two (2) months of submission of such Project performance certification statement, a corrective action plan I for any Project deficiencies noted in said statement. (8)II Alterations After Completion. The Borrower shall not materially alter the design or structural character of the Project after completing the Project without DEQ's written approval. (9)1 Project Initiation of Operations. I (a) The Borrower shall notify DEQ of the Initiation of Operation no more than thirty (30) days after the actual Project Completion Date. (b) If the Project is completed, or is completed except for minor items, and the Project is operable, but DEQ has not received a notice of Initiation of Operation from the Borrower, DEQ may assign an Initiation of Operation date. (D) PROVISION APPLICABLE TO CONTRACTS AND SUBCONTRACTS AWARDED FOR THE PROJECT' (1) Davis-Bacon Requirements. All contracts and subcontracts awarded as part of the Project shall comply with (1) the wage requirements of the Davis-Bacon Act, as amended, 40 U.S.C. §§3141 to 3144, 3146 and 3147 (2002), and (2) the requirements of the Prevailing Wage Rates for Public'Works Projects in Oregon established under ORS 279C.800 through 279C.870 and OAR 839-025-0000 through 839-025-0540. The Borrower~agrees that it will insert into any contract in excess of $2,000 for construction, and will cause its subcontractors to insert in any sub-contract in excess of $2,000 for construction, the Davis-Bacon language set forth in Part 1 of APPENDIX E, and Part 2 of APPENDIX E as applicable. I Crrv OF AsuLAND: RI 175 L 2718473 (8/15/11) LOAN AGREEMENT OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND PAGE 17 (2), Retainage. The Borrower shall require a five percent (5%) retainage in all of its contracts related to the Project for an amount greater than One Hundred Thousand Dollars ($100,000). i ARTICLE 7: DISCLAIMERS BY DEQ, LIMITATION OF DEQ'S LIABILITY- (A) DISCLAIMER OF ANY WARRANTY. DEQ EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE PROJECT, THE QUALITY OF MATERIALS SUPPLIED TO AND THAT BECOME A PART OF THE PROJECT, THE QUALITY OF THE WORKMANSHIP PERFORMED UPON THE PROJECT, OR THE EXTENT AND STAGE OF COMPLETION OF THE PROJECT. No such warranty or guarantee shall be implied by virtue of any inspection of 'disbursement made by DEQ. Any inspection done by DEQ shall be for its sole benefit. (B) DISCLAIMER of LIABILITY of DEQ. DEQ EXPRESSLY DISCLAIMS LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER FOR PAYMENT OF LABOR OR MATERIALS OR OTHERWISE IN CONNECTION WITH THE COMPLETION OF THE PROJECT OR CONTRACTS ENTERED INTO BY THE BORROWER WITH THIRD PARTIES FOR THE COMPLETION OF THE PROJECT. All Project costs of labor, materials and construction, including any indirect costs, shall be the responsibility of and shall be paid by the Borrower. I (C) NONLIABILITY OF STATE. (1) The State and its officers, agents and employees shall not be liable to the Borrower for to any other party for any death, injury, damage, or loss that may result to any person or property by or from any cause whatsoever, arising out of any defects in the plans, design drawings and specifications for the Project, any agreements or documents between the Borrower and third parties related to the Project or any activities related to the Project. DEQ shall not be responsible for verifying cost-effectiveness of the Project, doing cost comparisons or reviewing or monitoring compliance by the Borrower or any other party with state procurement laws and regulations. (2) The Borrower hereby expressly releases and discharges DEQ, its officers, agents and employees from all liabilities, obligations and claims arising out of the Project work or under the Loan, subject only to exceptions previously agreed upon in writing by the parties. i (3) Any findings by DEQ concerning the Project and any inspections or analyses of the Project by DF,Q are for determining eligibility for the Loan and disbursement of Loan proceeds only. Such findings do not constitute an endorsement of. the feasibility of the Project or its components or an assurance of any kind for any other purpose. CnY of ASHLAND: RI 1751: 2718473 (8/15111) LOAN AGREEMENT OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE RF.VlOI,VING FUND PAGE 18 (4) I Review and approval of Facilities plans, design drawings and specifications or other documents by or for DEQ does not relieve the Borrower of its responsibility to . properly plan, design, build and effectively operate and maintain the Facility as required by law, regulations, permits and good management practices. ARTICLE 8: DEFAULT AND REMEDIES (A) EVENTS of DEFAULT. The occurrence of one or more of the following events constitutes an Event of Default, whether occurring voluntarily or involuntarily, by operation of law or pursuant to any order of any court or governmental agency: (1) The Borrower fails to make any Loan payment within thirty (30) days after the payment is scheduled to be made according to the repayment schedule; (2) I Any representation or warranty made by the Borrower hereunder was untrue in any material respect as of the date it was made; (3)I The Borrower becomes insolvent or admits in writing an inability to pay its debts as they mature or applies for, consents to, or acquiesces in the appointment of a trustee or receiver for the Borrower or a substantial part of its property; or in the. absence of such application, consent, or acquiescence, a trustee or receiver is appointed for the Borrower or a substantial) part of its property and is not discharged within sixty (60) days; or any bankruptcy, reorganization, debt arrangement or moratorium or any dissolution or liquidation, proceeding is instituted by or against the Borrower and, if instituted against the Borrower, j is consented to or acquiesced in by the Borrower or is not dismissed within twenty (20) days; (4) As a result of any changes in the United States Constitution or the Oregon Constitution or as a result of any legislative, judicial, or administrative action, any part of this Lean Agreement becomes void, unenforceable or impossible to perform in accordance with the intent and purposes of the parties hereto or is declared unlawful; (5) The Borrower defaults in the performance or observance of any covenants or agreements contained in any loan documents between itself and any lender or lenders, and the default remains uncured upon the expiration of any cure period provided by said loan doctuitents; or (6) The Borrower fails to cure non-compliance in any material respect with any other covenant, condition, or agreement of the Borrower hereunder, other than as set forth in (1) through (5) above within a period of thirty (30) days after DEQ provides notice of the noncompliance. (B) R&Fws. If DEQ determines that an Event of Default has occurred, DEQ may, without further notice: CITY of ASHLAND: Rl 1751:2718473 (8/15/11) IRAN AGRFEMENT OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND PAGE 19 (1) I Declare the Outstanding Loan Amount plus any unpaid accrued interest, fees and any other amounts due hereunder immediately due and payable; (2) Cease making disbursement of Loan proceeds or make some disbursements of Loan proceeds and withhold or refuse to make other disbursements; 1 (3)I Appoint a receiver, at the Borrower's expense, to operate the Facility that produces the pledged revenues and collect the Gross Revenues; i (4)i Set and collect utility rates and charges; i (5)' Pay, compromise or settle any liens on the Facility or the Project or pay other sums required to be paid by the Borrower in connection with the Project, at DEQ's discretion,! using the Loan proceeds.and such additional money as may be required. If DEQ pays any encumbrance, lien, claim, or demand, it shall be subrogated, to the extent of the amount ofisuch payment, to all the rights, powers, privileges, and remedies of the holder of the encumbrance, lien, claim, or demand, as the case may be. Any such subrogation rights shall be additional cumulative security for the amounts due under this Loan Agreement; (6) Direct the State Treasurer to withhold any amounts otherwise due to the Borrower from the State of Oregon and, to the extent permitted by law, direct that such funds be applied to the amounts due DEQ under this Loan Agreement and be deposited into the SRF; and (7) Pursue any other legal or equitable remedy it may have. i ARTICLE 9: DEFINITIONS (A) "BORROWER" means the public agency (as defined in ORS 468.423(2)) shown as the "Borrower" in Article 1(A) of this Agreement. I I (B) "COMPLETION DATE" means the date on which the Project is completed. If the Project is a planning project, the Completion Date is the date on which DEQ accepts the planning project. If the Project is a design project, the Completion Date is the date on which the design project is ready for the contractor bid process. If the Project is a construction project, the Completion Date is the date on which the construction project is substantially complete and ready' for Initiation of Operation. i (C) "COSTS OF THE PROJECT" means expenditures approved by DEQ that are necessary to construct the Project in compliance with DEQ's requirements and may include but are not limited to the following items: (1) Cost of labor and materials and all costs the Borrower is required to pay under the terms of any contract for the design, acquisition, construction or installation of the Project; i (2) Engineering fees for the design and construction of the Project. C1Ty OF AsiILANu: RI 1751:2 718473 (8/15/11) LOAN AGREEMENT OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND PAGE20 (3)11 The costs of surety bonds and insurance of all kinds that may be required or necessary during the course of completion of the Project; (4)1 The legal, financing and administrative costs of obtaining the Loan and completing the Project; and (5) I Any other costs approved in writing by DEQ. (D) "CWSRF PROGRAM" or "CWSRF" means the Clean Water State Revolving Fund Loan Program, a loan program administered by DEQ under ORS 468.423 to 468.440. (E) "DEQ" means the Oregon Department of Environmental Quality. (F) "D I IIRECFOR" means the Director of DEQ or the Director's authorized representative. (G) "FACILITY" means all property owned or used by the Borrower to provide wastewater collection, treatment and disposal services, of which the Project is a part. (H) "FINAL LOAN AMOUNT" means the total of all Loan proceeds disbursed to the Borrower under the Loan Agreement, determined on the date on which the Borrower indicates that no further Loan funds will be requested, all eligible expenditures have been reimbursed from the Loan proceeds, orall Loan proceeds have been disbursed hereunder, whichever occurs first. (1) "GROSS REVENUES" means all fees and charges resulting from operation of the Facility and any interest earnings thereon; provided however, Gross Revenues does not include: the proceeds of any grants; the proceeds of any borrowings for capital improvements; the proceeds of any liability insurance; or the proceeds of any casualty insurance which the Borrower intends to and does utilize for repair or replacement of the Facility or a part thereof. (J) "HAZARDOUS MATERIALS" means and includes flammable explosives, radioactive materials; asbestos and substances defined as hazardous materials, hazardous substances or hazardous wastes in the Comprehensive Environmental Response, Compensation, and Liability Act, as amended by the Superfund Amendments and Reauthorization Act (42 U.S.C. Section 9601, et seq.), the Hazardoas Materials Transportation Act (49 U.S.C. Section 1801, et seq.) and the Resource Conservation and Recovery Act (42 U.S.C. Section 6901, et seq.), and regulations promulgated thereIunder. (K) "LOAN" means the loan made pursuant to this Loan Agreement. I (L) "LOAN AGREEMENT" or "AGREEMENT" means this loan agreement and its exhibits, appendices, schedules and attachments (which are by this reference incorporated herein), and any amendments thereto. (M) "LOAN AMOUNT" means the maximum amount DEQ agrees to loan the Borrower . hereunder. I (1) "LOAN RESERVE ACCOUNT" means the account described in ARTICLE 5(c)(2). I Crry of ASHLAND: Rl 1751:2718473 (8/15/11) LOAN AGREEMENT OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND PACE 21 (O) "LOBBVING" means influencing or attempting to influence a member, officer or employee of a governmental agency or legislature in connection with the awarding of a government contract, the making of a govenment grant or loan or the entering into of a cooperative agreement with such governmental entity or the extension, continuation, renewal, amendment or modification of any of the above. (P) "MANOAL" means the CWSRF Manual. for Construction Projects. (Q) "NET OPERATING REVENUES" means the Gross Revenues less the Operating Expenses for the Facility. (R) "OPERATING EXPENSES" means all direct and indirect expenses incurred for operation, maintenance and repair of the Facility, including but is not limited to administrative expenses, legal, financial and accounting expenses, insurance premiums, claims (to the extent that monies are not available from insurance proceeds), taxes, engineering expenses relating to operation and maintenance, payments and reserves for pension, retirement, health, hospitalization, and sick leave benefits, and any other 'similar expenses to be paid to the extent properly and directly attributable to operations of the Facility. Operating expenses include an appropriate amount for reserves for repair and replacement of the Facility based on the expected life of the collection, treatment and disp sal facilities. (S) "OUTSTANDING LOAN AMOUNT means, as of any date, the sum of all disbursements to the Borrower hereunder less the sum of all Loan principal payments received by DEQ. (f) "PROJECT" means the facilities, activities or documents described in ARTICLE 1(E) and (F). (U) "REPAYMENT PERIOD" means the repayment period ending on the date specified in ARTICLE 1(H) which date shall not in any event be later than twenty (20) years after the Completion Date. M "SRF" means the Water Pollution Control Revolving Fund established under ORS 468.427, also known as the State Revolving Fund. (NV) "STATE" means the State of Oregon. ARTICLE 10: MISCELLANEOUS (A) NOTICES. All notices, payments, statements, demands, requests or other communications under this Loan Agreement by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if delivered by personal delivery, by certified mail, return receipt requested, or by facsimile transmission, and„if to the Borrower, delivered, addressed or transmitted to the location or number listed in ARTICLE 1(B), and if to DEQ, delivered, addressed or transmitted to: Clean Water State Revolving Fund Loan Program . Water Quality Division Department of Environmental Quality 811 S.W. Sixth Avenue CITY OF ASHLAND: RI 1751:2918473 (8115111) LOAN AGRmNENT OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WAFER STATE REVOLVING FUND PAGE 22 Portland, Oregon 97204-1390 Fax (503) 229-6037 or to such other addresses or numbers as the parties may from time to time designate. Any notice or other communication so addressed and mailed shall be deemed to be given five (5) days after mailing. Any notice or other communication delivered by facsimile shall be deemed to be given when receipt of the transmission is generated by the transmitting machine. To be effective against DEQ, such facsimile transmission must be confirmed by telephone notice to DEQ's CWSRF Program Coordinator. Any notice or other communication by personal delivery shall be deemed to be given when actually delivered. I (B) WAIVERS AND RESERVATION OF RIGHTS. (1)i DEQ's waiver of any breach by the Borrower of any term, covenant or condition of this Loan Agreement shall not operate as a waiver of any subsequent breach of the same or breach of any other tern, covenant, or condition of this Loan Agreement. DEQ may pursue any of its remedies hereunder concurrently or consecutively without being deemed to have waived its right to pursue any other remedy. (2)i Nothing in this Loan Agreement affects DEQ's right to take remedial action, including, but not limited to, administrative enforcement action and action for breach of contract against the Borrower, if the Borrower fails to carry out its obligations under this Loan Agreement. (C) TIME Is OF THE ESSENCE. The Borrower agrees that time is of the essence under this Loan Agree lent. (D) RELATIONSHIP OF PARTIES. The parties agree and acknowledge that their relationship is that of independent contracting parties, and neither party hereto shall be deemed an agent, partner, joint venturer or related entity of the other by reason of this Loan Agreement. (E) NO THIRD PARTY BENEFICIARIES. DEQ and the Borrower are the only parties to this Loan Agreement and are the only parties entitled to enforce the terms of this Loan Agreement. Nothing in this Loan Agreement gives, is intended to give, or shall be construed to give or provide any benefit or right not held by or made generally available to the public, whether directly, indirectly or otherwise, to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this Loan Agreement. Any inspections, audits, reports or other assurances done or obtained, or approvals or consents given, by DEQ are for its benefit only for the purposes of administering this Loan and the CWSRF Program. (F) AsstGNMEN'r. DEQ shall have the right to transfer the Loan or any part thereof, or assign any or all of its rights under this Loan Agreement, at any time after execution of this Loan Agreement upon written notice to the Borrower. Provisions of this Loan Agreement shall inure to the benefit of DEQ's successors and assigns. This Loan Agreement or any interest therein may be assigned or transferred by the Borrower only with DEQ's prior written approval (which consent i may be withheld for any reason), and any assignment or transfer by the Borrower in con Itravention of this ARTICLE 10(F) shall be null and void. CITY of ASFILAND: RI 1751:2718473 (8115/11) LOAN AGREEMENT OREGON DEPARTMENT OF EN V IRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND PAGE 23 (G) DEQ NOT REQUIRED To ACT. Nothing contained in this Loan Agreement requires DEQ to incur any expense or to take any action hereunder in regards to the Project. (H) FURTHER ASSURANCES. The Borrower and DEQ agree to execute and deliver any written instruments necessary to carry out any agreement, term, condition or assurance in this Loan Agreement whenever a party makes a reasonable request to the other party for such instruments. (1) VALIDITY AND SF,VERARILITY; SURVIVAL. If any part, term, or provision of this Loan Agreement or of any other Loan document shall be held by a court of competent jurisdiction to be void, voidable, or. unenforceable by either party, the validity of the remaining portions, terms and provisions shall not be affected, and all such remaining portions, terms and provisions shall remain in full force and effect. Any provision of this Agreement which by its nature or terms is intended to survive termination, including but not limited to ARTICLE 5(E), shall survive termination of this Agreement. (,1) NO' CONSTRUCTION AGAINST DRAFTER. Both parties acknowledge that they are each represented by and have sought the advice of counsel in connection with this Loan Agreement and the transactions contemplated hereby and have read and understand the terns of this Loan Agreement. The terms of this Loan Agreement shall not be construed against either party as the drafter hereof. (K) HEADINGS. All headings contained herein are for convenience of reference only and are not intended to define or limit the scope of any provision of this Loan Agreement. (L) ATTORNEYS' FEES AND ExPENSES. In any action or suit to enforce any right or remedy under thiss Agreement, the prevailing party shall be entitled to recover its reasonable attomeys' fees and costs, to the extent permitted by law. i (M) CHOICE OF LAw; DESIGNATION OF FORUM; FEDERAL FORUM. (1) The laws of the State of Oregon (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to this Agreement, including, without limitation, its validity, interpretation, construction, performance, and enforcement. i (2) Any party bringing a legal action or proceeding against any other party arising out of or relating to this Agreement shall bring the legal action or proceeding in the Circuit Court of the State of Oregon for Marion County (unless Oregon law requires that it be brought and conducted in another county). Each party hereby consents to the exclusive jurisdiction of such court, waives any objection to venue, and waives any claim that such forum is an inconvenient forum. (3) Notwithstanding ARTICLE I O(M)(2), if a .claim must be brought in a federal forum, then it must be brought and adjudicated solely and exclusively within the United States District Court for the Distract of Oregon. This ARTICLE IO(MI)(3) applies to a claim brought against the State of Oregon only to the extent Congress has appropriately abrogated the State of Oregon's sovereign immunity and is not consent by the State of Oregon to be sued in federal court. This ARTICLE 10(M)(3) is also not a waiver by the State of Oregon of any form of defense or immunity, including but not limited to sovereign immunity and immunity based on the Eleventh Amendment to the Constitution of the United States. I CITY OF Asi1LAND: R11751: 2718473(8/15/11) LOAN AGREEMENT OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REV,~OLV ING FUND PAGE24 (1N) COI NTERPARTS. This Loan Agreement may be executed in any number of counterparts, each Of which is deemed to be an original, but all together constitute but one and the same instrument. (O) ENTIRE AGREEMENT; AMENDMENTS. This Loan Agreement, including all appendices and attachments that are by this reference incorporated herein, constitutes the entire agreement between the Borrower and DEQ on the subject matter hereof, and it shall be binding on the parties thereto when executed by all the parties and when all approvals required to be obtained by DEQ have been obtained. This Loan Agreement, including all related Loan documents and instruments, may Dot be amended, changed, modified, or altered without the written consent of the parties. CITY OF ASHLAND I I By: Authorized Officer Date I Typed Name: Title: i I . j I I STATE OF OREGON ACTING BY AND THROUGH ITS DEPARTMENT OFENVIRONMENTAL QUALITY By: Gregory K. Aldrich, Water Quality Administrator Date II : Approved as to Legal Sufficiency by The Attorney Ge eral's Office Lynn T. Nagasako, Senior AAG Date ~rnA11 aQ~raoal S~a~~l~ .l _ Mil't' I CITY OF AsiILAND: R11751: 2718473 (8/15/11) LOAN AGREEMENT i C OREGON DEPARTMENT OF rNVIRONMENTAL QUALITY CLEAN WATER STATE REVOLyrNG FUND PAGE 25 APPENDIX A: REPAYMENT SCHF,DULE BORROWER: ! City of Ashland ANNUAL INTEREST RATE: 1.00% SRF LOAN NO.: R11751 PAYMENT AMOUNT: Variable LOAN AMOUNT: $ 4,549,691 ANNUAL FEE: 0.50% Due PAYMENT Principal Date PmW Principal Interest Fees Total Balance 4,549,691 9/1/2015 1 0 68,600 0 68,600 4,549,691 3/1/2016 2 120,494 22,748 22,748 165,990 4,429,197 9/1/2016 3 121,096 22,146 0 143,242 4,308,101 3/1/2017 4 121,702 21,540 21,540 164,782 4,186,399 911/2017 5 - 122,310 20,932 0 143,242 4,064,089 3/1/2018 6 122,922 20,320 20,320 163,562 3,941,167 9/1/2018 7 123,536 19,706 0 143,242 3,817,631 3/1/2019 8 124,153 19,089 19,089 162,331 3,693,478 91112019 9 124,775 18,467 0 143,242 3,568,703 311/2020 10 125,398 17,844 17,844 161,086 3,443,305 9/1/2020 11 126,026 17,216 0 143,242 3,317,279 3/1/2021 12 126,656 16,586 16,586 159,828 3,190,623 9/112021 13 127,289 15,953 0 143,242 3,063,334 3/1/2022 14 127,925 15,317 15,317 .158,559 2,935,409 9/1/2022 15 128,565 14,677 0 143,242 2,806,844 3/1/2023 16 129,208 14,034 14,034 157,276 2,677,636 911/2023 17 129,854 13,388 0 143,242 2,547,782 3/1/2024 18 130,503 12,739 12,739 155,981 2,417,279 9/1/2024 19 131,155 12,087 0 143,242 2,286,124 3/1/2025 20 131,812 11,430 11,430- 154,672 2,154,312 9/1/2025 21 132,470 10,772 0 143,242 - 2,021,842 311/2026 22 133,133 10,109 10,109 153,351 1,888,709 911/2026 23 133,799 9,443 0 143,242 1,754,910 3/1/2027 24 134,467 8,775 8,775 152,017 1,620,443 9/112027 25 j 135,140 8,102 0 143,242 1,485,303 3/112028 26 135,815 7,427 7,427 150,669 1,349,488 911/2028 27 136,494 6,748 0 143,242 1,212,994 3/1/2029 28 1 137,177 - 6,065 6,065 149,307 1,075,817 9/1/2029 29 j 137,863 5,379 0 143,242 937,954 3/1/2030 30 138,545 4,690 4,690 147,925 799,409 9/1/2030 31 78,157 3,997 0 82,154 721,252 311/2031 32 78,548 3,606 3,606 85,760 642,704 9/1/2031 33 i- 78,940 3,214 0 82,154 563,764 3/1/2032 34 79,335 2,819 2,819 84,973 484,429 9/1/2032 35 79,732 2,422- 0 82,154 404,597 3/112033 36 80,131 2,023 2,023 84,177 324,566 9/1/2033 37 80,531 1,623 0 82,154 244,035 3/1/2034 38 80,934 1,220 1,220 83,374 163,101 9/1/2034 39 ! 81,338 816 0 82,154 61,763 311/2035 40 81,763 409 409 82,581 0 I TOTALS j 4,549,691 494,478 218,790 5,262,959 REQUIRED LOAN RESERVE: $ 210,174 - I CITY OF ASHLAND:R11751:21718473(8/15/11) LOAN AGREEMENT OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND PAGE 26 APPENDLC B: ESTINIATED CWSRF LOAN DISBURSEMENT SCHEDULE Loan funds are expected to be available based on the following Project schedule: 4/13 - 6/13: $2,274,845 7/13 - 9/13: $2,274,846 I I i i ii i CRY OF ASHLAND: 811751: 2718473 (8/15/11) LOAN AGREEMENT OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND PAGE 27 APPENDIX C: DBE GOOD FAITH EFFORTS At a minimum the Borrower or its prime contractor must take six affirmative steps (which apply to any procurement of construction, supplies, equipment or services) to demonstrate good faith effort to utilize minority (MBE), women-owned (WBE) and small (SBE) businesses. The six steps are: I 1) To include qualified small, minority and women's businesses on solicitation lists; 2) To assure that small, minority, women's businesses are solicited whenever they are potential sources; 3) To divide total irequirements, whenever economically feasible, into smaller tasks or quantities to permit maximum participation by small, minority or women's businesses; 1 4) To establish delivery schedules whenever the requirements of the work permit, which will encourage participation by small, minority and women's businesses; 5) To use the services and assistance of the Small Business Administration (http://pro-net.sba.gov) and the Office of Minority Business Enterprise of the U.S. Department of Commerce (http://wNvw.mbda.gov) to identify appropriate small, minority and women businesses; and 6) To require subcontractors to take all of the affirmative action steps described above and set forth in 40 CFR 35.31145(d)) in any contract awards or procurements. The Borrower shall, and shall cause its contractors to, document compliance with the above requirements on forms found at Tab 6 of the Manual for Construction Projects. Additional resources available to recipients and contractors include the following: EPA Office of Small and Disadvantaged Business Utilization: Phone: 206 - 553 - 2931 Web Site: iwww.epa.gov/osdbu Oregon Office of Minority, Women and Emerging Small Business 350 Winter Street N.E., Room 300 Salem, OR 97301-3878 1 Phone: 503 - 947 - 7922 Web Site: www.cbs.state.or.us/omwesb CITY GF ASHLAND: RI 1751:2718473 (8/15/11) LGAN AGREEMENT i OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND PAGE 28 Appendix D: APPLICABLE FEDERAL, AUTHORITIES AND LAWS ("CROSS-CUTTERS") ENVIRONMENTAL LEGISLATION: Archaeological and Historic Preservation Act of 1974, PL 93-291. Clean Air Act, 42 U.S.C. 7506(c). Coastal Barrier Resources Act, 16 U.S.C. 3501, et seq. Coastal Zone Management Act of 1972, PL 92-583, as amended. Endangered Species Act 16 U.S.C. 1531, et seq. Executive Order 11593, Protection and Enhancement of the Cultural Environment. Executive Order 11988, Floodplain Management. Executive Order 11990, Protection of Wetlands. Farmland Protection Policy Act, 7 U.S.C. 4201, et seq. Fish and Wildlife Coordination Act, PL 85-624, as amended. National Historic Preservation Act of 1966, PL 89-665,as amended. Safe Drinking Water Act, Section 1424(e), PL 92-523, as amended. Wild and Scenic Rivers Act, PL 90-542, as amended. Federal Water Pollution Control Act Amendments of 1972, PL 92-500. ECONOMIC LEGISLATION: Demonstration Cities and Metropolitan Development Act of 1966, PL 89-754, as amended. Section 306 of the Clean Air Act and Section 508 of the Clean Water Act, including Executive Order 11738, Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants or Loans. SOCIAL LEGISLATION: The Age Discrimination Act of 1975, Pub. L. No. 94-135, 89 Stat. 713, 42 U.S.C. §6102 (1994). Civil Rights Act of 1964, Pub. L. No. 88-352, 78 Stat. 252, 42 U.S.C. §2000d (1988). Section 13 of PL 92-500; Prohibition against Sex Discrimination under the Federal Water Pollution Control Act. Rehabilitation Act of 1973, Pub. L. No. 93-1123, 87 Stat. 355, 29 U.S.C. §794 (1988), including Executive Orders 11914 and 11250). Executive Order 12898, Environmental Justice in Minority Populations Exec. Order No. 11,246, 30 F.R. 12319 (1965), as amended by Exec. Order No. 11,375, 32 F.R. 14303 (1967), reprinted in 42 U.S.C. §2000e (1994), and its regulations at 41 C.F.R. §§60-1.1 to 60-999.1. MISCELLANEOUS AUTHORITY: Uniform Relocation and Real Property Acquisition Policies Act of 1970, PL 92-646. Executive Order 1,2549 and 40 CFR Part 32, Debarment and.Suspension. Disclosure of Lob I bying Activities, Section 1352, Title 31, U.S. Code. CITY OF ASHLAND: RI 1751:2718473 (8/15/11) LOAN AGREEMENT i OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND PAGE 29 APPENDIX E: DAMS-BACON PROVISION Part 1 (1) Minimum wages. I (i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made aipart hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section l (b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be' paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis- Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. i Subrecipients may obtain wage determinations from the U.S. Department of Labor's web site, www.dol.Eov. I (ii)(A) The subrecipient(s), on behalf of EPA, shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The State award official shall approve a request for an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to b performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed I age rate, including any bona fide fringe benefits, bears a reasonable relationship to the, wage rates contained in the wage determination. I Crrv or ASHLAND: RI 1751:27,18473 (8/15/11) LOAN AGREEMENT i OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND PAGE 30 (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the subrecipient(s) agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), documentation of the action taken and the request, including the local wage determination shall be sent by the subrecipient (s) to the State award official. The State award official will transmit the request, to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210 and to the EPA DB Regional Coordinator concurrently. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification request within 30 days of receipt and so advise the State award official or will notify the State award official within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the subrecipient(s) do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the award official shall refer the request and the local wage determination, including the views of all interested parties and the recommendation of the State award official, to the Administrator for determination. The request shall be sent to the EPA DB Regional Coordinator concurrently. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt of the request and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii)(B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (2) Withholding. The subrecipient(s), shall upon written request of the EPA Award Official or an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper,[ employed or working on the site of the work, all or part of the wages required CrrY OF ASHLAND: RI 1751:2718473 (8/15/11) LOAN AGREEMENT i OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND PAGE 31 by the contract, the (Agency) may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. i (3) Payrolls and basic records. I (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the works and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section I (b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section I (b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the subrecipient, that is, the entity that receives the sub-grant or loan from the State capitalization grant recipient. Such documentation shall be available on request of the State recipient or EPA. As to each payroll copy received, the subrecipient shall provide written confirmation in a form satisfactory to the State indicating whether or not the project is in compliance with the requirements of 29 CFR 5.5(a)(1) based on the most recent payroll copies for the specified week. The payrolls shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on the weekly payrolls. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.g6v/esa/whd/fonns/wh347instr.html or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall 'provide them upon request to the subrecipient(s) for transmission to the State or EPA if requested by EPA , the State, the contractor, or the Wage and Hour.Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, withi out weekly submission to the subrecipient(s). i ' The correct website address is as follows: ht!p:/ /webapps.dol.gov/libraryforms/FormsByNum.asp Crrv or ASHLAND: RI 1751: 2718473(8/15/11) LOAN AGREEMENT I OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND PAGE 32 (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll -for the payroll period contains the information required to be provided under § 5.5 (a)(3)(ii) of Regulations, 29 CPR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(1) of Regulations, 29 CFR part 5, and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form W14-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the State, EPA or the Department of Labor, and shall permit such representatives to interview employees during'',working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency or State may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any, further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees-- i (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the . work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be CITY OF ASHLAND: RI 1751:2718473 (8/15/11) LOAN AGREEMENT OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND PAGE 33 greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to;journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not . less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices, Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 111246, as amended, and 29 CFR part 30. CrrY OF ASHLAND: RI 1751:27,18473 (8/15/11) LOAN AGREEMENT OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND PAGE 34 (5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 55(a)(1) through (10) and such other clauses as the EPA determines may by appropriate, and also a clause requiring the subcontractors to include these clauses in. any lowentier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. I (7) Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act requirements. All rulings.and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved i'n accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and Subrecipient(s), State, EPA, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). i (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. CITY OF ASHLAND: RI 1751:2718473 (8/15/11) LOAN AORHEMF.NT OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND PAGE 35 Part 2 !Contract Provision for Contracts in Excess of $100,000. (a) Contract Work Hours and Safety Standards Act. The subrecipicnt shall insert the following clauses set forth ml paragraphs (a)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by Item 3, above or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (a)(1) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (a)(1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work !in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (a)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The subrecipient shall upon the request of the EPA Award Official or an authorized representative of the Department of Labor, shall withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary. to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (a)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph, (a)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (a)(1) through (4) of this section. (b) In addition to the clauses contained in Item 3, above, in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in 29 CFR 5.1, the Subrecipient shall insert a clause requiring that the contractor or subcontractor shall maintain payrolls Iand basic payroll records during the course of the work and shall preserve CrrY ol> ASHLAND: R11751: 2218473 (8/15/11) LOAN AGREEMENT OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND PAGE 36 them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the Subrecipient shall insert in any such contract a clause providing hat the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Oregon Department of Environmental Quality and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. i 5. Compliance Verification (a) The subrecipieIItit shall periodically interview a sufficient number of employees entitled to DB prevailing wages (covered employees) to verify that contractors or subcontractors are paying the appropriate wage rates. As provided in 29 CFR 5.6(a)(6), all interviews must be conducted in confidence. The Subrecipient must use Standard Form 1445 (SF 1445) or equivalent documentation to memorialize the interviews. Copies of the SF 1445 are available from EPA on request. (b) The subrecipient shall establish and follow an interview schedule based on its assessment of the risks of noncompliance with DB posed by contractors or subcontractors and the duration of the contract or subcontract. At a minimum, the Subrecipient should conduct interviews with a representative group of covered employees within two weeks of each contractor or subcontractor's submission of its initial weekly payroll data and two weeks prior to the estimated completion date for the contract or subcontract. Subrecipients must conduct more frequent interviews if the initial interviews or other information indicates that there is a risk that the contractor or subcontractor is not complying with DB . Subrecipients shall immediately conduct necessary interviews in response to an alleged violation of the prevailing wage requirements. All interviews shall be conducted in confidence. i (c) The subrecipient shall periodically conduct spot checks of a representative sample of weekly payroll data to verify that contractors or subcontractors are paying the appropriate wage rates. The subrecipient shall establish and follow a spot check schedule based on its assessment of the risks of noncompliance with DB posed by contractors or subcontractors and the duration of the contract or subcontract. At a minimum, if practicable, the subrecipient should spot check payroll data within two weeks of each contractor or subcontractor's submission of its initial payroll data and two weeks prior to the completion date the contract or subcontract . Subrecipients must conduct more frequent spot checks if the initial spot check or other information indicates that there is a risk that the contractor or subcontractor is not complying with DB. In addition, during the examinations the subrecipient shall verify evidence of fringe benefit plans and payments thereunder by contractors and subcontractors who claim credit for fringe benefit contributions. (d) The subrecipIient shall periodically review contractors and subcontractors use of apprentices and trainees to verify registration and certification with respect to apprenticeship and training programs approved by either the U.S Department of Labor or a state, as appropriate, and that contractors and subcontractors are not using disproportionate numbers of, laborers, trainees and I CITY OF ASHLAND: RI 1751:2718473 (8/15/11) LOAN AGREEMENT OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND PAGE 37 apprentices. These reviews shall be conducted in accordance with the schedules for spot checks and interviews described in Item 5(b) and (c) above. (e) Subrecipientl must immediately report potential violations of the DB prevailing wage requirements to the EPA DB contact listed above and to the appropriate DOL Wage and Hour District Office listed at http://www.dol.gov/esa/contacts/whd/america2.htm.2 i i I I I I I 2 The correct website address is as follows: http://www.dol.gov/whd/america2.htm#oregon CITY Or As11LAND: R11751: 2718473 (8/15/11) LGAN AGRFEMENT OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND - PAGE 38 APPENDIX F EQUAL EMPLOYMENT OPPORTUNITY During the performance of this contract the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative' action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, i demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees arid applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or. national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. 1 (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. Cnv or ASHLAND: RI 1751: 2718473 (8115/11) IRAN AGREEMENT OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND PAGE 39 (7) The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States. i I I I i I CITY OF ASHLAND: RI 1751:2718473 (8115111) IRAN AGREEMENT OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CLEAN WATER STATE REVOLVING FUND PAGE 40 APPENDIX G: CERTIFICATION REGARDING LOBBYING (Contracts in Excess of $100,000.00) The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Borrower, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative ; agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. 1 (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in ;connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under .grants loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or enteririg into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signed Title Date. j i Recipient CITY OF ASHLAND: R11751:27118473(8/15/11) LOAN AGREEMENT I CITY OF ASHLAND Council Communication May 21, 2013,1 Business Meeting First reading of an ordinance granting a timetable extension to the Verde Village Subdivision Development Agreement FROM: Derek Severson, Associate Planner, Community Development, derek.severson@ashland.or.us SUMMARY The ordinance being presented to the City Council for first reading would extend the timetable for the Verde Village Subdivision's Development Agreement to the maximum 15-year duration allowed under the Oregon Revised Statutes (ORS) 94.504.8.a. BACKGROUND AND POLICY IMPLICATIONS: The Verde Village Subdivision was approved by the City Council in December of 2007, and involved an 11.64 acre site comprising five parcels on the site of the old Ashland Greenhouses at 87 West Nevada and 811 Helman Streets. The subdivision included a number of approvals by the City of Ashland: i • An Annexation, Comprehensive Plan and Zoning Map changes from Jackson County Rural Residential (RR-5) to City of Ashland Low-Density Multi-Family Residential (R-1) and Suburban Residential (R-1-3.5) • Outline Plan approval to develop the property as a 68-unit residential development • Site Review approval for multi-family development • Physical and Environmental Constraints Review Permit to locate a multi-use path in the Ashland Creek Riparian Preservation Area. • Tree Removal Permit • Exceptions to the Street Standards to install a curbside sidewalk on one side of a proposed street, to not locate a street adjacent to natural features and to not connect two of the proposed streets. • Variances to reduce the on-street parking requirement from 78 to 38 spaces, to reduce the rear yard setback requirement for six of the townhomes in the northwestern corner of the site from 20 feet to 12,114 and 16 feet, and to reduce the required distance between buildings for the 27 cottages in the southwestern corner of the site. • An Administrative Variance to the Site Design and Use Standards to have the primary orientation of the buildings to the south, rather than to the street, in order to maximize the use of solar energy. • A land exchange with the City of Ashland dedicating 2.57 acres adjacent to Ashland Creek to the city for parks purposes in exchange for approximately 1.30 acres of the Dog Park in the area of the access and to the south of the existing parking area. Page 1 of 3 i CITY OF ASHLAND • A Developmel t Agreement with the City of Ashland which governed the development of the subdivision to completion, and included a detailed timeline. This development agreement was adopted by Ordinance #2945 on December 19, 2007. A Site Plan of the Vel de Village subdivision detailing the proposed development is attached as Exhibit B. Subsequent to the 2007 approval, the applicants dedicated property to develop 15 affordable units as part of the first phaseIof Verde Village to satisfy the affordability requirements of the annexation. Utilities and infrastructure, including the extension of Almeda Drive, were completed to serve these units, which are now built and occupied as "Rice Park at Verde Village." The applicants obtained Site Review approval for the remainder of the first phase, the multi-family cottage housing portion of the subdivision, in 2009. Prior to the installation of infrastructure or commencement of the remainder of the first phase of the development, the national economy suffered a major downturn which made it difficult for projects with approvals in place to obtain financing. The original Development Agreement included provisions that allowed the Planning Director to administratively approve a timetable extension of up to 12 months, and on July 17, 2009 the Planning Director approved an Extension as Planning Action #2008-01853 based on difficulties presented by the economy. On March 2, 2010 the City Council approved the Recession Extension Ordinance (43007) which created a ministerial process for the Planning Director to extend all current planning actions by 12 months in recognition of the difficult financial market. On April 9, 2010 the applicants requested a 12 month recession extension for the entire project. This request was approved as Planning Action #2010-00443, and an amended timetable was executed (see Exhibit C). This amended timetable remains in effect, and includes a number of development deadlines for July 17, 2013 which is fast approaching. Wilma LLC, the applicants for the Verde Village subdivision, have submitted a request (see Exhibit D) that the City Council extend all dates in the Development Agreement, noting that, "the nation is in the largest recession it has ever seen. The housing and financial markets have been hit extremely hard by the recession. There are signs that the recession may be lifting, but experts are saying it will be a very slow process. We do not want to lose this great project and we do not think the City ofAshland wants to lose it either. " ORS 94.504 governs Development Agreements, and provides that Development Agreements between a developer and a city shall have a maximum duration of 15 years. As originally proposed, the Verde Village Development Agreement provided for completion of the project within seven years. This was extended an additional year with the approval of the recession extension. The Development Agreement notes in 21.2 that, "Amendment... of this agreement shall be made by adoption of an Ordinance.... The procedures and requirements for amendment... are the same as for approval of a Development Agreement, currently notice and hearing before the Council with a recommendation from the Planning Commission." The Planning Commission considered the applicants' request at its regular meeting of April 9, 2013, and unanimously recommended that the Council approve an extension. However, they did recommend Page 2 of 3 FAIR i CITY OF ASHLAND that any extension not simply be a blanket extension of all items to a single, final completion date, but rather that there be an appropriate seven-year adjustment to all project deadlines in the existing timetable that would ensure progress toward completion within the maximum timeframe allowed under the ORS. The minutes of the Planning Commission discussion are attached as Exhibit E. FISCAL IMPLICATIONS: N/A. STAFF RECOMMENDATION AND REQUESTED ACTION: The proposed development includes a unique mix of housing types and energy conserving housing that Ashland has not seen before in a single subdivision, and includes connectivity improvements to better serve the now constructed Rice Park affordable housing, Dog Park, Bear Creek Greenway and surrounding community. In staffs view, the merits of the project remain some years following its approval, and we would concur with the Planning Commission in recommending that the Council approve the requested timetable extension for the Verde Village Development Agreement to allow for completion of the project with the maximum (15-year) duration allowed under the ORS. Staff recommends that Council approve first reading by title only of the ordinance and move it to second reading. SUGGESTED MOTION: Move to approve first reading by title only of the ordinance titled, "An Ordinance Granting a Timetable Extension to the Verde Village Subdivision Development Agreement," and move it on to second reading. ATTACHMENTS: 1. Proposed Ordinance. 2. Exhibit A. Ordinance Attachment: Third Amendment to Timetable Agreement with Revised Timetable 3. Exhibit B. Verde Village Site Plan 4. Exhibit C. Current Timetable, as previously amended 5. Exhibit D. Applicants' April 2, 2013 Letter Requesting Timetable Extension 6. Exhibit E. Draft Planning Commission Minutes of April 9, 2013 Page 3 of3 i i ORDINANCE NO. AN ORDINANCE GRANTING A TIMETABLE EXTENSION TO THE VERDE VILLAGE SUBDIVISION DEVELOPMENT AGREEMENT i Annotated to show del sand additions to the code sections being modified. Deletions are bold lined through and additions are bold underlined. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v. International Ass'n of Firefighters, Local 1660, Beaverton Shop 20 Or. App. 293; 531 P 2d 730, 734 (1975); and WHEREAS, the Verde Village Subdivision proposed in 2006 involved the development of 11.64 acres on the site of the old Ashland Greenhouses and included: an Annexation, Comprehensive Plan and Zoning Map changes from Jackson County Rural Residential (RR-5) to City of Ashland Single-Family Residential (R-1) and Suburban Residential (R-1-3.5); Outline Plan approval to develop the property as a 68-unit residential development; Site Review approval for a multi-family, development; a Physical and Environmental Constraints Review Permit to locate a multi-use path in the Ashland Creek Riparian Preservation Area; a Tree Removal Permit; Exceptions to the Street Standards to install a curbside sidewalk on one side of a proposed street, to not locate a street adjacent to natural features and to not connect two of the proposed streets; Variances to reduce the on-street parking requirement from 78 to 38 spaces, to reduce the rear yard setback requirement for six of the townhomes in the northwestern corner of the site from 20 feet to 12, 14 and 16 feet, and to reduce the required distance between buildings for the 27 cottages in the southwestern corner of the site; an Administrative Variance to the Site Design and Use Standards to have the primary orientation of the buildings to the south, rather than to the street, in order to maximize the use of solar energy; a land exchange with the City of Ashland dedicating 2.57 acres adjacent to Ashland Creek to the city for parks purposes in exchange for approximately 1.30 acres of the Dog Park in the area of the access and to the south of the existing parking area; and a Development Agreement with the City of Ashland which governed the development of the subdivision, and included a detailed timetable for completion of the project. Ordinance No. I Page 1 of 3 i WHEREAS, on December 18, 2007 the Ashland City Council approved and adopted Ordinance No. 2945 after consideration of the staff report, the recommendation of the Planning Commission, and the comments and evidence presented during the public hearings on the Verde Village Development Agreement between the City of Ashland, Oregon and Ashland Flower Shop and Greenhouses, Inc., and found and determined that the Verde Village Development Agreement was in1the best interest of the public health, safety and welfare of the City of Ashland; met a public need and provided a public benefit; and was consistent with all applicable City of Ashland laws and ordinances; and WHEREAS, on JI nuary 5, 2009 the subject properties were sold by Ashland Flower Shop and Greenhouses, Inc. Ito WILMA LLC, the company owned by the original applicants, Greg and Valri Williams, to~carry out the development of the properties. WHEREAS, on July 17, 2009 the Planning Director approved and executed the First Amendment to the Verde Village Development Agreement, approving a 12 month administrative timetable extension as contemplated in Exhibit F of the original Development Agreement; and WHEREAS, on March 2, 2010, the Ashland City Council adopted Ordinance No. 3007, the Recession Extension Ordinance, which ordinance created a ministerial process for the Planning Director to grant current planning actions a 12 month timetable extension in recognition of the difficult financial market; and WHEREAS, on April 9, 2010 WILMA LLC requested an extension for the entire project in accordance with the Recession Extension Ordinance; and WHEREAS, on June 6, 2010 the requested Amendment to the Development Agreement to extend the timetable was approved administratively by the Director in accordance with the Recession Extension Ordinance; and WHEREAS, on April 2, 2013 WILMA LLC requested an extension of the timetable for the entire project in response to the impacts of the national recession in accordance with the allowances of the original Development Agreement and the Oregon Revised Statutes; and WHEREAS, on April 9, 2013 the City of Ashland Planning Commission considered the above- referenced request for a timetable extension to the Verde Village Subdivision Development Agreement and recommended that the City Council approve the request and grant a seven-year extension of all dates contained within the timetable to provide the maximum 15-year duration for the development agreement allowed under the Oregon Revised Statutes; and WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing on the above-referenced request for a timetable extension on May 21, 2013; and WHEREAS, the City Council of the City of Ashland, following the close of the public hearing and record, deliberated and conducted first and second readings approving adoption of the Ordinance in accordance with Article 10 of the Ashland City Charter; and Ordinance No. Page 2 of 3 WHEREAS, the City Council of the City of Ashland has found and determined that the requested extension of the timetable for the Verde Village Subdivision's Development Agreement is in the best interest of the public health, safety and welfare of the City of Ashland; meets a public need and provides a public benefit; and is consistent with all applicable City of Ashland laws and ordinances. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The above recitations are true and correct and are incorporated herein by this reference. SECTION 2. The City of Ashland declares the approval and adoption of the requested extension to the Timetable of Development as a revised Exhibit F to the original Verde Village Development Agreement, said Timetable of Development being attached to this Ordinance as Attachment 1 and made a part hereof by this reference. SECTION 3. The adoption of this Ordinance declaring approval of a timetable extension for the Verde Village Subdivision Development Agreement is fully supported by evidence contained in the whole record, which is incorporated herein by this reference. SECTION 4. The Ordinance shall be effective after execution of the Third Amendment to Verde Village Development Agreement to Reflect Council-Approved Timetable Extension in Attachment 1 by both the City and WILMA LLC, but not earlier than thirty (30) days after the second reading of this Ordinance and signature by the Mayor. SECTION 5. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of 2013, and duly PASSED and ADOPTED this day of 12013. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of 12013. f John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Ordinance No. Page 3 of 3 i Attachment 1 THIRD AMENDMENT TO VERDE VILLAGE DEVELOPMENT AGREEMENT TO REFLECT COUNCIL-APPROVED TIMETABLE EXTENSION THIS THIRD AMENDMENT is made and entered into this day of 2013, by and between the City of Ashland, a municipal corporation of the State of Oregon, (hereinafter referred to as "City"), and WILMA, LLC, an Oregon Limited Liability Company, (hereinafter referred to as "WILMA"). Whereas, on December 18, 2007, the City of Ashland approved Ordinance 2945 granting approval to the Verde Village Development Agreement, a land use decision; and Whereas, on July 17, 2009 Planning Director Bill Molnar approved and executed the First Amendment to the Verde Village Development Agreement, approving a 12 month administrative timetable extension as contemplated in Exhibit F of the original Development Agreement; and Whereas, 'on March 2, 2010, the Ashland City Council adopted Ordinance No. 3007, the Recession Extension Ordinance, which ordinance created a ministerial process for the Planning Director to grant current planning actions a 12 month timetable extension in recognition of the difficult financial market. Whereas, on April 9, 2010, WILMA LLC requested an extension for the entire project in accordance with the Recession Extension ordinance. Whereas, on June 6, 2010, the requested Amendment to the Development Agreement to extend the timetable was approved administratively by the Director in accordance with the Recession Extension Ordinance; Whereas, on April 2, 2013, WILMA LLC requested an extension for the entire project in accordance with the allowances of the original development agreement and the Oregon Revised Statutes. Whereas, on June 4, 2013, the Ashland City Council adopted Ordinance No. # which amended the timetable for the entire project. NOW THEREFORE, the Verde Village Development Agreement is hereby amended as follows: 1. The above recitations are tr'ue and correct and are incorporated herein by this reference; and 2. Exhibit F, Timetable of Development, is hereby amended to reflect a seven (7) year extension of time for all eligible timetables, said extension being reflected in a Revised Exhibit F, attached hereto and made a part hereof by this reference. Page 1 of 6 i Attachment 1 3. All other provision of the Verde Village Development Agreement, not inconsistent with the above changes remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed these presents on the dates indicated below. The date of this Amendment shall be the date on which this Agreement was executed by all parties. WILMA LLC CITY OF ASHLAND By: By: Gregory D. Williams, Managing Member John Stromberg, Mayor Date: Date: i Approved as to Form: Approved as to Form: John Blackhurst, David Lohman, Attorney for OWNER/DEVELOPER City Attorney STATE OF OREGON ) County of Jacksori ) The foregoing instrument was acknowledged before me this day of 2013, by Gregory D. Williams, as Managing Member and authorized agent of Wilma, LLC. Notary Public for Oregon My Commission Expires: STATE OF OREGON ) County of Jackson ) The foregoing instrument was acknowledged before me this day of 2013, by John Stromberg, as Mayor and authorized agent for the City of Ashland pursuant to Ordinance # i Notary Public for Oregon My Commission Expires: Page 2 of 6 Attachment 1 REVISED EXHIBIT F TIMETABLE OF DEVELOPMENT - OUTLINE PLAN PHYSICAL COMMENCEMENT AND COMPLETION [ORS 94.504(4)] This development will be constructed in phases as shown on Exhibit D to this Agreement. Each phase to be constructed, and the date which Final Plan and Site Review and final plat approval of each phase must be obtained, are as follows: Physical commencement of construction of any phase of development shall occur on or before January 17, 2010. j ,r[Physical Commencement of Rice Park affordable housing project, a portion of Phase 1, commenced on June 1, 2009. Completion of all infrastructure and vertical construction, except for single family units on individual platted lots, [4 total exempt from vertical construction deadline] shall occur no later than January 17, 2023. Phase Final Plan and Site Infrastructure Final Plat and Completion Review Approval Completion of Vertical Construction I July 17, 2009* July 17, 2020 January 17, 2022 *[Final Plan Approval was obtained on 01-06-09 for Rice Park, a portion of Phase IJ *[Final Plan Approval was obtained on 01-25-09 for the remainder of Phase 1] July 25, 2018$ Final Civil Plan Approval (construction authorization) and any associated construction permits must be obtained and Contract for Installation and Maintenance of Plant Materials with Security submitted and executed, and construction commenced with respect to Phase I elements no later than specified. $[Final Civil Plan Approval (construction authorization] for Rice Park, a portion of Phase 1, was obtained on May 5, 2009.] July 17, 2020. Complete extension of Almeda to Nevada Street, completion of construction of "Canine Way" access to Dog Park, including installation of water, sanitary sewer, storm drainage power, gas, telephone and all utilities. July 17, 2020. Complete sidewalk on the north side of Nevada Street from the eastern project boundary to the intersection of Nevada and Oak Street. Page 3 of 6 Attachment 1 i July 17, 2020. Complete Restoration and Enhancement of Riparian Corridor and Wetland Areas pursuant to Contract for Installation of Plant Materials, Security and Preserve Area Management Plan. July 17, 2020. Complete construction of multi-use path and transfer deed to City of Ashland to effectuate land exchange and acceptance of tendered public recreation improvements. July 17, 2020. Complete construction of subdivision infrastructure to the affordable housing site and complete extension of all needed public facilities to the affordable housing site. (to service 15 townhome units). j July 17, 2020. Complete construction of "subdivision" Infrastructure for Phase I (R-1-3.5 portion) of the project inclusive infrastructure for one (1) single family lot, and infrastructure for twenty- four (24) cottage units July 17, 2020. Phase I. Deadline for final survey to be signed after completion of subdivision infrastructure and before start of vertical construction. i July 17, 201 Lt l Deadline to transfer property title to Affordable Housing Tract to Rogue Valley Community Development Corporation (RVCDC) or other approved non-profit affordable housing developer. Transfer shall occur prior to vertical construction on any Phase of the project. f f The Affordable Housing Tract was transferred to RVCDC on December 09, 2008, upon approval of the early conveyance by the City Council on October 07, 2009. January 17, 2022. Vertical construction deadline for twenty-four (24) cottage units & vertical construction deadline for fifteen (15) multi-family units for affordable housing (town-homes). Page 4 of 6 Attachment 1 Phase Final Plan and Site Infrastructure Final Plat and Completion Review Approval Completion of Vertical Construction II July', 17, 2020 July 17, 2022 January 17, 2023 I January 17, 2022.$$ Final Civil Plan Approval (construction authorization) and any associated construction permits must be obtained and Contract for Installation and Maintenance of Plant Materials with Security submitted and executed, and construction commenced with respect to Phase II elements within 18 months of Final Plan Approval, no later than specified. July 17, 2022. Complete construction of "subdivision" Infrastructure for Phase II (R-1-5 portion) of the project inclusive infrastructure for three (3) single family lots on Nevada Street, and infrastructure for twenty-five (25) single family lots, including Sander Way parkrow. July 17, 2022. Phase II. Deadline for final survey to be signed after completion of subdivision infrastructure and before start of vertical construction. January 17, 2023. Vertical construction deadline for twenty-five (25) single family homes of which 19 are detached and 6 are attached. July 17, 2022. Completion of Maintenance and Security Period for Restoration and Enhancement of Riparian Corridor and Wetland Areas pursuant to Contract for Installation of Plant Materials, Security and Preserve Area Management Plan from Phase I. Failure to strictly comply with this timetable of development requires an amendment to this Agreement and subjects the Owner to then current laws, including but not limited to engineering construction standards, contrary to the ordinary protection of ORS 92.040. The title transfer, physical commencement and the 2023 completion deadline shall not be administratively extended. After the construction termination date, no further development as authorized herein (except for building permits for single family units on individual platted lots) shall be allowed on the subject property unless such development is in compliance with applicable development regulations in Page 5 of 6 Attachment 1 effect at the time. Any amendment to the extent of the Amendment shall comply with the laws in effect at the time the amendment is sought. Failure of the timetable of development to list an element of the Project does not relieve or excuse the Owner from the requirement to complete that element. I i Page 6 of 6 EXISTING CITY PARK F'o C) _ W Ln In E: t` N XISTING PARKIN U a In \ F-7 0 TOWNHOME ORallvrvcSCALE r=so ~ 00 LD Ljr) PASSIVE OPEN SINGLE FAMILY in SPACE AND PLAY TOWNHOME PASSIVE OPEN ° .t Ian . z AREA PLAY 39 \ SPACE AND PLAY Q a " Single Family AREA Y t AREA = Q Building Envelope ez so + Q 54 53 51 rl e 1 a-- _ I 1 C PROJECT I BOUNDARY - y PRIVATE DRIVE 36 LOT P VATED - - - i 65 ' PHASE I Rir,e Park x <n J Q CENTERLINE i _ I 1 55 OF ASHLAND JI I ! I s3 s2 s1 p 59 40 56 / Q~ f f 1 5 CREEK ~ I 58 57 / ~ • I 48 49 f 9 !r W ~ r N - --I 'tr`' yea / PHASF II - Si irde Family f ° o r i W p e r - \ 41 34 I m0v~ f f ALMEDA i J' r ! w a v y i Private 47 `A STREET Sidewalk OP I r COTTAGE 42 OMMUNITY I to i t> to / as F a3 W q" h SSIVE OPEN ' 20 4 t - / tFn g S ACE AND PLAY 43 AREA 19 \ ',i = \ `~F \ ~~~\G} ' ORIGINAL o a W - \ 09 44 TAX LOT LINE G I- zt 14 3 \ ~0 \ 0. F. I 22 PROJECT BOUNDARY 100, k~ 31 PHASE I_ Cn' f S 7-A 23 eCiC) i5P _ 30 i SINGLE FAMILY 7 / - PASSIVE OPEN l Itt Q 24 ! SPACE A D PLAY AR A I ` 29 428 ,I I ~ .'o 8 I 1 P Single Family Unit 1-J II 25 8 7 _ 4 2~~~ 9 Ii iI 27 f 26 rv W a ~Private Sidewalk COTAG~ II N Single Family COARDENY -Private OTT t1. 1 W Building Envelope _4) Sidewalk AGE Ea ement I i ill r i J C MMUNITY I i ill Gor I 67r i sor i PA SIVE OPE LU CL S PA E AND ~ iii ! 1 D u► 0 - -AREA I NEVADA STREET W PROPOSED PUBLIC/ My 17, 2007 W PRIVATE SPACE P'2 zW SECOND AMENDMENT TO VERDE VILLAGE DEVELOPMENT AGREEMENT TO REFLECT ADMINISTRATIVELY APPROVED RECESSION EXTENSION THIS SECOND AMENDMENT is made and entered into this 1 day of jjL:L- 2010, by and between the City of Ashland, a municipal corporation of the State of Oregon, (hereinafter referred to as "City'), and WILMA, LLC, an Oregon Limited Liability Company, (hereinafter referred to as "WILMA"). Whereas, on December 20, 2007, the City of Ashland approved Ordinance 2945 granting approval to the Verde Village Development Agreement, a land use decision; and Whereas, on July 17, 2009 Planning Director Bill Molnar executed the approved the First Amendment to the Verde Village Development Agreement, approving a 12 month administrative timetable extension as contemplated in Exhibit F of the original Development Agreement; and Whereas, on March 2, 2010, the Ashland City Council adopted Ordinance No. 3007, the Recession Extension Ordinance, which ordinance created a ministerial process for the Planning Director to grant current planning actions a 12 month timetable extension in recognition of the difficult financial market. Whereas, on April 9, 2010 WILMA LLC requested an extension for "the entire project" in accordance with the Recession Extension ordinance. Whereas, the Amendment to the Development Agreement is approved administratively by the Director in accordance with the Recession Extension ordinance; NOW THEREFORE, the Verde Village Development Agreement is hereby amended as follows: 1. The above recitations are true and correct and are incorporated herein by this reference; and 2. Exhibit F, Timetable of Development, is hereby amended to reflect a twelve (12) month extension of time for all eligible timetables, said extension being reflected in a Revised Exhibit F, attached hereto and made a part hereof by this reference. 3. All other provision of the Verde Village Development Agreement, not i inconsistent with the above changes remain in full force and effect. i IN WITNESS WHEREOF, the parties hereto have executed these presents on the dates indicated below. The date of this Amendment shall be the date on which this i Agreement was executed by all parties. I WILMA LLC CITY FASHLAND By:y 11t.4 Gregory i ' m Managing Member BBhMoI r, P ann'ng Director Date: !o \o ZO l7 Date: C o v i proved as tl Form: J in Blackhurst, ttorney for OWNER/DEVELOPER STATE OF OREGON ) County of Jackson ) ~ti The foregoing instrument was acknowledged before me this LO day of ~TdU70, 2010, by Gregory D. Williams, as Managing Member and auth zed agent o q5i ilma, LLC. OFFICIAL ublic for Oregon SEAL CAROLYH MARIE PU E SCHW mission Expires: An/3 NOTARY OF OREGON NOTARY RY PUBUGO ) COMMISSION NO. 496232 MY COMMISSION EXPIRES MAR. 20.2013 County of Jackson The foregoing instrument was acknowledged before me this /(/4day of~ 2010, by Bill Molnar, as Planning Director and authorized agent of City of Ashland pursuant to Ordinance 3007. J FlGAL SEAL Notary Zblic for Oregon Y CAROLYN MARIENE SCHWENOENEH My Commission Expires: 3 - A&9 Approved as to NOTARY PUBLIC-OREGON COMMISSION NO.496292. S 13 I ichard Appicel City Attorney i 7 1 I I f i I f I I EXHIBIT F TIMETABLE OF DEVELOPMENT- OUTLINE PLAN PHYSICAL COMMENCEMENT AND COMPLETION [ORS 94.504(4)] This development will be constructed in phases as shown on Exhibit D to this Agreement. Each phase to be constructed, and the date which Final Plan and Site Review and final plat approval of each phase must be obtained, are as follows: Physical commencement of construction of any phase of development shall occur on or before January 17,201 t t[Physical Commencement of fte Park affordable housing project a portion of Phase 1, commenced on]une 1, 2009. Completion of all infrastructure and vertical construction, except for single family units on individual platted lots, [4 total exempt from vertical construction deadline] shall occur no later than January 17.2016. Phase Final Plan and Site Infrastructure Final Plat and Completion Review Approval Completion of Vertical Construction 1 July 17,2009* July 17, 2013 January 17, 2015 *[Final Plan Approval was obtained on 01-06-09 forRice Park, a portion of Plisse 1] *[Final Plan Approval was obtained on 01-25-09 for die remainderofPhose I] July 25. 2011# Final Civil Plan Approval (construction authorization) and any associated construction permits must be obtained and Contract for Installation and Maintenance of Plant Materials with Security submitted and executed, and construction commenced with respect to Phase I elements within thirty 30 months of Final Plan Approval, no later than specified. *[Final Civil Plan Approval (construction outhorization] for Rice Park a portion of Phase 1, ivas obtained on May 5, 2009.] July 17, 2013, Complete extension of Almeda to Nevada Street, completion of construction of "Canine Way" access to Dog Park, including installation of water, sanitary sewer, storm drainage power, gas, telephone and all utilities. July 17, 2013. Complete sidewalk on the north side of Nevada Street from the eastern project boundary to the intersection of Nevada and Oak Street. July 17, 2013. Complete Restoration and Enhancement of Riparian Corridor and i Wetland Areas pursuant to Contract for Installation of Plant Materials, Security and Preserve Area Management Plan. July 17, 2013. Complete construction of multi- use path and transfer deed to City of Ashland to effectuate land exchange and acceptance of tendered public recreation improvements. July 17, 2013. Complete construction of subdivision infrastructure to the affordable housing site and complete extension of all needed public facilities to the affordable housing site. (to service 15 townhome units). July 17, 2013. Complete construction of "subdivision" Infrastructure for Phase I (R-1- 3.5 portion) of the project inclusive infrastructure for one (1) single family lot, and infrastructure for twenty-four (24) cottage units July 17, 2013. Phase 1. Deadline for final survey to be signed after completion of subdivision infrastructure and before start of vertical construction. July 17, 2011.ttDeadline to transfer property title to Affordable Housing Tract to Rogue Valley Community Development Corporation (RVCDC) or other approved non-profit affordable housing developer. Transfer shall occur prior to vertical construction on any Phase of the project. ff The Affordable Housing Tract was transferred to RVCDC on December 09, 2008, upon approval of the early conveyance by the Oty Council on October 07, 2009. January 17, 2015 Vertical construction deadline for twenty- four (24) cottage units & vertical construction deadline for fifteen (15) multi-family units for affordable housing (town-liontes). Phase Final Plan and Site Infrastructure Final Plat and Completion Review Approval Completion of Vertical Construction 11 July 17, 2013 July 17, 2M January 17, 2016 January 17. 2015.## Final Civil Plan Approval (construction authorization) and any associated construction permits must be obtained and Contract for Installation and Maintenance of Plant Materials with Security submitted and executed, and construction commenced with respect to Phase 11 elements within 18 months of Final Plan Approval. no later than specified. July 17, 2015. Complete construction of "subdivision" Infrastructure for Phase 11 (R-1-5 portion) of the project inclusive infrastructure for three (3) single family lots on Nevada Street, and infrastructure for twenty-five (25) single family lots, including Sander Way parkrow. July 17, 2015. Phase 11. Deadline for final survey to be signed after completion of subdivision infrastructure and before start of vertical construction. January 17, 2016. Vertical construction deadline for twenty- five (25) single family homes of which 19 are detached and 6 are attached. July 17, 2015. Completion of Maintenance and Security Period for Restoration and Enhancement of Riparian Corridor and Wetland Areas pursuant to Contract for Installation of Plant Materials, Security and Preserve Area Management Plan from Phase I. Failure to strictly comply with this timetable of development requires an amendment to this Agreement and subjects the Owner to then current laws, including but not limited to engineering construction standards, contrary to the ordinary protection of ORS 92.040. The title transfer, physical commencement and the 2016 completion deadline shall not be administratively extended. After the construction termination date, no further development as authorized herein (except for building permits for single family units on individual platted lots) shall be allowed on the subject property unless such development is in compliance with applicable development regulations in effect at the time. Any amendment to the extent of the Amendment shall comply with the laws in effect at the time the amendment is sought. Failure of the timetable of development to list an element of the Project does not relieve or excuse the Owner from the requirement to complete that element. i I VERDE j# - VILLAGE A division of WILMA LLC 744 Helman St Ashland, OR 97520 541-482-5358 April 2, 2013 Bill Molnar City of Ashland Planning Department 20 E Main St Ashland, OR 97520 Dear Mr. Molnar Pursuant to the Development Agreement between the City of Ashland and Wilma LLC dba Verde Village paragraph 21.2, we are requesting an extension to ALL dates in the time table that are permitted in the Development Agreement. Pursuant to ORS 94.504j8ja, we request that the extension allow for all phases of the development agreement be completed by December 20, 2022. Following are SOME of the permitted extensions we are requesting: • Complete extension of Almeda to Nevada Street from July 17, 2013 to December 20, 2022 • Complete restoration and enhancement of riparian corridor and wetland areas from July 17, 2013 to December 20, 2022 • Complete vertical construction for cottage units from January 17, 2013 to December, 20, 2022 We have made a good faith effort to meet the time line of the agreement. • The land for the affordable housing has been donated RVCDC. Completed December 9, 2008 about 4 years earlier than the original time table required. • The affordable housing units have been built and are now owned and being lived in by families that meet the City of Ashland's criteria for affordable housing. • Almeda Street was extended to Rice Park. • Utilities and all infrastructure has been completed to Rice Park. • The multi use path has been partially completed. • Final plan approval for Phase 1 was obtained on January 25, 2009. • We have been actively looking for financing to complete this project. It would be in the best interest of the City of Ashland and Wilma LLC to amend the development agreement extending the timeline to December 20, 2022. The principals that made this a great project in 2008 are still true today. The Net Zero Electric homes are still an asset to Ashland. This project demonstrates Ashland's desire to have sustainable homes. Verde Village has been used as an example of what residential development should look like by State of Oregon Planners conference and many other organizations and publications. This project is just one of the many progressive ideas that have come from Ashland that put Ashland "on the map" in a positive way. The nation is in the largest recession it has ever seen. The housing and financing markets have been hit extremely hard by this recession. There are signs that the recession may be lifting, but experts are saying it will be a very slow process. We do not want to lose this great project and we do not think the City of Ashland wants to lose it either. Sinc ely Greg' illiams Man ging Member Wilma LLC i I CITY OF ASHLAND ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES April 9, 2013 CALL TO ORDER Chair Melanie Mindlin called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Staff Present: Troy J. Brown, Jr. Bill Molnar, Community Development Director Michael Dawkins Brandon Goldman, Senior Planner Richard Kaplan Derek Severson, Associate Planner Debbie Miller (Excused absence from the Dawn Lamb Normal Ave Master Plan Discussion) Melanie Mindlin Absent Members: Council Liaison: None Mike Morris ANNOUNCEMENTS Commissioner Kaplan observed the new signal light being installed concurrent with the SOU construction is blocked by foliage. Public Works Department will ensure the foliage is cleared prior to the lights becoming active. Community Development Director Bill Molnar announced that Dawn Lamb will be assisting the Commission for the next 3 months while April Lucas is on family leave. Previously Lamb worked in the Public Works Department. Molnar updated the Commission on the the Regional Problem Solving process. During the process, Ashland did not identify future growth areas. Comments regarding affordable housing in the region led to a goal that within 5 years of adoption a regional housing plan be established. The first meeting of local staff met with the State Department of Housing to identify key regional city staff members. Molnar will keep Commission notified of progression. Input from Housing, Planning and elected officials is expected. It may become a cooperative effort between Housing and Planning as it evolves. CONSENT AGENDA A. Approval of Minutes. 1. February 26, 2013 Study Session. 2. March 12, 2013 Regular Meeting. 3. March 26, 20132 Study Session. Commissioners Kaplan/Dawkins mis to approve the Consent Agenda. Voice Vote: all AYES. Motion passed 5.0. PUBLIC FORUM None. DISCUSSION ITEMS A. Recommendation on Extension of Development Agreement - 87 West Nevada. Staff Report Severson revisited the Verde Village Development Agreement extension and timeline while presenting a brief. An extension was granted under the Recession Extension Ordinance (#3007). Several development deadlines require completion by July 17, Ashland Planning Commission April 9, 2013 Page 1 of 7 2013. Applicant requests further extension due to lack of financing. Staff is seeking a recommendation to City Council to either deny or support extending the Development Agreement to the maximum 15-year duration from the original approval as allowable under the ORS. The recommendation will be forwarded to City Council for a public hearing for ordinance adoption on May 21, 2013. The Commission needs to consider the applicability of newly adopted ordinances that may affect the development. Under the Development Agreement, regulations in place during the adoption govern the development. The agreement provides that subsequent land use approvals be subject to current regulations at the time of the application but also that with any modifications to the original Development Agreement, the City could opt to apply current regulations. One applicable ordinance adopted was the Water Resources Ordinance that created a 50-foot water resource protection zone from the top of bank. The homes shown on the original plan comply. Residential fences need to be in the uppermost 25 feet of this protection zone and specific fencing materials are prohibited. The Ordinance affects construction of the paved Greenway Trail as unpaved trails are only allowable. Any path wider than 6 feet requires a limited use permit. Council could adopt to apply the new Water Resources ordinance or allow the extension with the original path design as proposed without going through review.. In staffs view this does merit approval of the extension requested to the maximum 15-year duration allowed under the ORS. Staff asks that instead of a blanket extension of the dates to 2022 for the entire development that the dates within the original timetable are extended by only 7 years to ensure continued progression consistent with the overall timeline. We recommend a favorable recommendation to Council. Commission Discussion The commission requested clarification and issued comments on various components of the approval. The following is a summary of their questions and statements: • Retaining wall and railing construction within the Water Resources Protection Zone are limited to construction of the multi- use path extension of the Greenway. • Applying the new Water Resources Ordinance would be up to the Council through a public hearing. • Clarification that the riparian ordinance deems there be nothing within that 50 feet and that pertains to trails. Severson commented that an exemption is allowable through a land use action process. • The Greenway is a multi-use path that is part of a comprehensive system. This is not an alternative location from the original application. This would be an act of regulating something that is already on City property for benefit of the City. Would there be a substantial gain in the City revisiting the process when the environmental and physical constraints have already been reviewed during the application process. • If more ordinances become applicable within the next 7 years can the recommendation to Council ask that they comply with these but exempt the path. Legal would need to be addressed. • ORS and the development agreement state that new regulations be applied if modifications are introduced during the extension period. The primary criteria are that it be consistent with the original outlined approval. • Beside Water Resource are there any major changes affecting this development. Most new ordinances do not apply. Molnar commented other changes benefit the development like the on-street parking requirements for accessory units. • The blanket 15-year approval is agreeable because reviews will happen with the timetable adjustments. Commissioners BrownlDawkins mis to approve Staff recommendation. Roll call vote: Commissioner Dawkins, Kaplan, Miller, Brown, and Mindlin, YES. Motioned passed 5-0._ Debbie Miller excused at 7:28 PM B. Normal Neighborhood Plan Update. Staff Report Molnar briefly discussed the Normal Avenue Neighborhood Plan background and progress. The Plan is subject to the constraints and expectations of the State Grant awarded to this project. The deliverable will be a detailed concept of the area. The City will decide the terms and how to adopt the plan, the Council will review the concept, and then formal adoption the plan will address fine-tuning. Tonight addresses comments on the large amount of information released and engage some of the issues. Goldman will address the process and additional opportunities over the next several months. Ashland Planning Commission April 9, 2013 Page 2 of 7 Goldman explained the master planning process clarifying the opportunities and continued changes that occur until development is complete. The grant funding activity pertaining to the charettes is complete and leads to numerous public meetings. A draft concept plan and the deliverables should be completed by the end of July. That is not the conclusion of this process. That is where the City assumes the control of the project with the Planning Commission, other commissions, and staff to refine the plan in order to codify it and make it consistent with the Ashland Land Use Ordinance. It will then be taken through the adoption process. The Parks, Housing, Transportation, Conservation and Planning commissions will review the plans. Goldman explained the master planning process from concept to adoption, using the North Mountain Neighborhood Plan as an example. The Normal Area draft code is being prepared for presentation on May 14M. This is the consultant's initial draft with substantive revisions expected before final draft. Regulations and standards for minor and major amendments will be included. Changes are anticipated as development applications come forward in ten to fifteen years. It is important that the draft code be able to designate whether a minor or major deviation has been made from the adopted plan. There is concern of why high-density housing is located in the northeast corner as opposed to along East Main Street; this is identified as readily developable property not necessarily ready to develop property. Meaning the properties along East Main Street wouldn't be considered as buildable land area within our buildable lands inventory, and that is what the term readily developable means; this is not vacant or partially vacant land and as such is not able to be developed in short order. Building along East Main Street as an alternative will be looked at between now and the next presentation. Alternatives will emerge that reorient that higher density housing for consideration by the public, commission, and council. Transportation patterns on existing Normal Avenue, East Main Street, Creek Drive, and Clay Street are being examined. The City will conduct a future transportation analysis for the adopted plan to identify street connections. Identified inadequacies would be addressed and substantive changes made before final plan adoption. The draft plan did not show a Phase I connection for multi-modal uses. That is an imperative piece of the neighborhood plan that we intend to include. Wetland, habitat, and open space dedication of Greenway space will be reviewed. Wetland and riparian set back requirements and establishment of open space along those corridors will be included as an overlay zone designation. Property owners contacted staff expressing interest in future development which would relieve the design constraints regarding the creek corridor. Public Testimony Bryce Anderson/2092 Creek Drive/stated after discussing prior concerns with board members and some residents of Meadow Brook Park Estates, Ashland Meadows and Chatauqua Trace the uniform reaction to this plan is grave concern. One thing that is not stated clearly is how many units are actually expected. I cannot imagine there are less than 250 units. There are only about 174 units in all of Meadow Brook Park Estates, Ashland Meadows, and Chatauqua Trace doubling and more the number of units. The existing traffic plan calls for feeding traffic down an extension of Creek Drive or alternatively down Clay Street, and it is still unclear whether there are streets planned down Clay Creek Drive or not. That existing plan is entirely inadequate because traffic will backup for who knows how far with the number of units planned. No traffic plan can accommodate that many units in that small an area. The North Mountain Plan bears no resemblance whatsoever to this area. This plan in this area is completely dissimilar with completely different traffic concerns. The people in those developments do not have to go directly on to East Main to get where they are going. Comparing these two plans is a bit misleading. It seems to me that we know all of the homeowner's associations recognize that these areas are going to get developed, but what is wrong with a cluster development similar to what is already there given the fact that you have got limited street access, you have issues of water and sewer and other public utilities. It seems the one advantage was having a connection to the bike path that was eliminated. We now have to go up over the overpass or through the hobo jungle. All of these things dictate drastically reducing the density and second of all taking a hard look at the general public amenities that are going to go in there. There are numerous other problems other people will address, but I wanted to start out with those comments. Karen Horn/140 Clay Street/ It seems like the choice of where to put the high-density development in this whole area was somewhat arbitrary. We heard tonight that the rest of East Main is not going to be considered part of the high density because TES and some private homes are there. The Mormon Church is on the corner that is included in the high density and Ashland Planning Commission April 9, 2013 Page 3 of 7 assumedly they don't want to sell. The rationale does not make sense to me. I have two other concerns, one is traffic and the other is the wetlands. Traffic information on the website about the plan and in the executive summary shows existing traffic conditions. Sixteen-hour surveys done in 2012 of Clay Street showedl,200 trips; East Main 13,000 trips. Those are 2-lane streets. Ashland Street, which is 4-lanes showed 30,000 trips. Will you turn East Main into a 4-lane road because the number of people in the development. We already have comparable traffic for a 4-lane road on a 2-lane road I don't hear anybody addressing that specifically. I heard tonight a traffic survey will be done and accommodations made if needed , but this is a planning process so shouldn't we decide now. I am particularly concerned about the wetlands and I looked at the frameworks that are online. The Greenway and open space framework talk about how important it is to keep this riparian area safe, but in the Normal Avenue Master Plan Phase II, the roads in a lot of places are right on top of the wetlands buffer area. At least have to move the roads out of it. The second thing is where are the bikepaths along the riparian areas; there is only one small piece of a bikepath that goes from East Main up to the second road in the new development. Roads with bikes on a road are not the same thing as a bikepath. It is a recreational place where you gel off your bike and look at the water. You can't do that on a road with a bike lane along a creek. Without the bikepaths in this plan I think we are giving up a lot of what the framework called an important amenity to maintain in this area. Paula Skuratowiczl2124 Creek Drive/Distributed handout. She and husband moved to Ashland 8 years ago and chose to buy in Ashland Meadows knowing this would be our last move. Creek Drive is a safe place for my very medically compromised husband to use his walker for exercise knowing that our neighbors will look out for him. Ashland Meadows is like the old communities where people know and care for each other. The inclusion of three-story apartments on Creek Drive and high- density housing creates a permanent adverse affect on all of us including Clay Street. It will greatly impact traffic, utilities, and sewer needs that are already fragile. It is crucial to develop in moderation. Use cluster housing and a small component of apartments no more than 2 stories not immediately adjacent to residential areas. Plans that show respect for the already established communities and the balance wetlands in this sensitive area. Put back the bike and Greenway connecting to Meadowbrook Estates. We do want to support the efforts of the Planning Commission, but to do so they have to include benefits for the existing neighborhoods. Rod Petrone/2324 Abbott Avenue/ Others have made arguments about demands on energy, water and traffic, but I feel aesthetically this is just plain ugly. This is what Yugoslavian socialist housing complexes look like. When they were building that complex behind the YMCA. I thought it was a prison. Putting people in 600 square foot homes is not a quality lifestyle. My wife in I lived in Ashland in the 1980s when and we returned 14 years ago and started a family knowing a small town would be a better environment for our children. However, I noticed at that time a lack of affordable single-family housing. Even with an income of $45-50,000 a year, affordable single-family housing was scarce. We could only afford an attached family dwelling in Chatauqua Trace. Since then we have seen ugly sprawl, HUD housing and now the Access Housing, there is too much high- density area all concentrated in one area. The town would be more family friendly if more single-family housing zoning existed. The City seems intent on realizing some ideological goal and now is determined to create what has been called Green Slums. It is frustrating for the community that International, Federal, and State-wide agencies render the local codes without any influence from our communities. I am sure that the board and City has good intentions, but whether it is out of detached need to satisfy an ideological goal and I am sure that you know about Agenda 21 and this all stems from that. High-density apartments would mean increased traffic and crime and bring in people with fewer stakes in the community. Three-story high, high-density apartments are just ridiculous. I would rather see some open green spaces and some single-family housing. Julie Matthews/2090 Creek Drivel Questioned the study area. Molnar described the plan area as 94 acres outside of City limits and as areas come in to City zoning from County zoning it increases the density. No areas within these 94 acres are annexed at this point. Annexation happens concurrently with a developer submitting plans to develop. Matthews clarified that a developer would have to go in and decide whether it was worth developing. The land that is readily available, readily developable, and possible interest to sell just seems to be the first one up for grabs in this plan. This plan is a whole so we could call that 100% and I would like to know why 100% of the density is being done on the one available property. Shouldn't division be completed by percentage across the whole 94 acres. We do not even know if those other areas will ever come up to be developed if the people who own them ever want to sell them. The assumption is that yes, some day, it will be worth it to them, or they will have a need. I mentioned having some higher density along East Main Street. I don't know if the City could ever widen that street. I agree with the person who said it was rather ugly. Ashland as a whole is a beautiful place to live and we are drawn to this area and we bought here not only to live here but to see our investments grow and we took a hit. And it has not recovered yet and now you are developing competition with our investments. Ashland Planning Commission April 9, 2013 Page 4 or 7 i i Marni Koopman/1790 Homes Avenue/ Distributed a handout. Lives at the corner of Homes and Normal. I have five main points. One, I feel like the plan as I have seen it online today really ignored what I heard at the charette. The groups really were asking for the high-density housing to be placed along East Main on the north and east side of the overall property. The groups really recommended protecting the wetlands and I do not see the current plan doing that, and the groups stressed that the development should not cause increase impacts to the neighboring neighborhoods that are already there. It seems that it adds a lot of traffic to those neighborhoods. The second point is the increased traffic on Normal Avenue and Normal Avenue already heavy traffic. I cannot open my windows because I get so much exhaust and noise in my house. People drive too fast with kids going to the ballparks. The way that I saw the plan it looked like Normal would become a pretty major way for people to get to Walker School, to get to the stores, to get to other parts of town especially with a lot of children. My third point is that such a large complex of wetlands developed in that area is short sighted and creates new hazards because new wetlands have important functions: protect properties from flooding, filter water, and allow for groundwater recharge. The water that comes down during snow events and big storms comes through quickly and needs to be stored and as we develop more wetlands there are fewer areas for storage. The water moves faster and when wetlands are degraded and destroyed the result downstream is higher and faster flow potentially leading to flooding, bank erosion, sedimentation effecting fish habitat and hazards to downstream residents. Climate change will increase the frequency of severe storms and rain on snow events. Wildlife habitat loss is another concern. Fresh water wetlands have been developed far more proportionally then other habitat types and we spend a lot of resources restoring riparian areas and wetlands, but it would be more cost effective to just preserve these areas in the first place. People might view the proposed development as maintaining wetlands, but what I would like them to do is look at wetlands in the Clay Street neighborhood. Those wetlands are bordered on each side by 2-story condos and there armored with riprap. They have little biological value. They do not provide wildlife habitat, provide flood protection, or ground water recharge. With those wetlands and the ones bordering the eastern edge of the cemetery, the Normal Street wetlands are the last piece of what was once a very large complex. Better use of the property would be open space with walking trails for people, children, and their pets that this part of town lacks. A positive use would be more open space for residents. I have a report referenced in my notes on climate change and another on scientific imperative for defending small streams and wetlands. Staff is already discussing the items that have been brought forward tonight. Staff is looking to find opportunities at the northerly part of East Main and possibly a second scenario to spread density along East Main for transitional buffers to the existing neighborhoods. The purpose of applying for this grant the opportunity to set long-term expectations by looking at land uses for long-term growth, transportation systems, including bikeways and pathways. Planning the future growth rather reacting as development occurs along Clay Street. Mathematically we looked at the current comprehensive plan with zoning of R1-5 and R1-3.5, an average of around 6-7 units over 90 acres reaching a potential 450-500 units. Commission Discussion The commission issued comments on the concerns. The following is a summary of their questions and statements: County properties could be annexed at any point and build with highest density. Planning is needed in this area to ensure some control of how it will develop. The North Mountain Plan was intended to be a comparison of process, not comparison of developments. The master planning process works. The first set of meetings involved people with existing homes on Normal Avenue. The impact area is now beyond that. The needs of the immediate neighbors and the people in the area who have raised issues to be taken into consideration. Ashland was the only town within this county to not increase our Urban Growth Boundary. The choice had two caveats and they become the conundrum we end up dealing with; one is that there must be a 20-year supply of buildable land; and two you can't use water as a growth regulator. Those were the compromises. We cannot continually expand the UGB to accommodate single-family homes. We chose compact growth. The Planning commission is charged with responsibilities and constraints. It is not in our purview to decide not to develop the land. It has private ownership and has an underlying zoning attached to it when it annexes. The number of homes foreseen is Ashland Planning Commission April 9, 2013 Page 5 of 7 about 350 as opposed to 500 allowable under current zoning. Need to see what parts matter and what should be worked on to direct staff. With direction from the Commission staff will review reallocating the density to a different area and calculating how that would affect the overall density. The height and density for the specific areas NA01 is single-family zone with 5000 square foot lots. The NA02 cluster housing is comparable to the developments of Chatauqua Trace, Meadowbrook of 9 units per acre. The NA03 is a higher density multi-family zone of about 15 units per acre. The three-story height accomplishes a higher density while maintaining a greater amount of open space. The Commission can direct staff to disregard the three-story alternatives. Could this development be more creative by bringing both single-family and high density into the same places. Achieve high density in areas by starting with low density along streets and building toward the inner blocks and then building back out as you come out the other areas. These areas are not delineated yet. One of the concerns is that we show a cartoon or rendering that looks like it could be built tomorrow but this is a concept. People react to what they see, not what it is meant to say. Goldman commented that the state provided the grant funding for the consultant and we want to make sure the consultants do as much work as the scope allows. The history for Ashland is to continually refine a plan long after the consultants are complete. Through the adoption and public review process this will continue to change. This is a draft. Midlin voiced concern that fulfilling our responsibilities towards our buildable land inventory and planning for infill housing is important. But I want to make sure that we are doing it in a way that is providing opportunity as opposed to trying to accelerate it. The density for this area was applied because it was not developed yet and it was available therefore we assign a bunch of density to it not because it was necessarily in a great place to have a lot of density. There will most likely never be sufficient density to have public transit which is a criterion for affordable housing programs. It is a great place for families because it is next to schools. The existing transportation conditions are not based on the 26 houses that are out there, it is based on the existing underlying comprehensive plan designation. The future analysis is intended to look at whatever alternative comes out and that impact in comparison to the existing comprehensive plan designations. Dawkins referred to an idea brought up during the Transportation System Plan update to burrow under Clay Street for a bikepath or pedestrian path. This would relieve pedestrians from trying to cross 4 lanes of traffic. No one in Public Works has commented on feasibility. Could wetland preservation, creek preservation, and open space as it exists on private land be included; could we find a best way to open up corridors to keep it as a public resource for the whole community and not privatize them. Concern with piecemeal applications in respect to protecting the overall ecology and hydrology of the wetlands. There were ideas in the original documents from the consultants. Some suggestions protected the hydrology of the site and having water channeled from the impervious surfaces and back into the creeks. If we don't have a large framework with the entire area, each individual piece is not able to address those issues as they affect the entire area. Storm water runoff is discussed in two areas. Storm runoff from public streets is assessed by Public Works for eligible green streets status. These are individual sites needing to develop with water infiltrating back into the ground. The ordinance chapter would include this and additional standards. There is concern by Council regarding how much we require of new developers. Look to find ways to be equitable and create incentives so they are encouraged do the work voluntarily. This plan offers developers benefits by increasing the densities and increase in development potential. With exception of the property at the southwest which is currently looking at an underlying density of 7.2 units per acre, it is developed out at essentially one house per acre and drops down to the single family as opposed to the suburban residential. Basically 50% of the lot has an increase in density and 50% of the overall area has a decrease in density. Draft code amendments will'be presented to Planning Commission for May 14th. All property owners will be notified. Goldman described how the noticing will be completed. Notification will also be in the City Utility bill. C. 2013 Planning Commission Retreat Topics. Midlin prompted what do we want to accomplish at the retreat? Commissioner input for topics: Ashland Planning Commission April 9, 2013 Page 6 of 7 Midlin: Site visits of broader issues being addressed: Green street standards look at developed sections. • Kaplan: Revisit the SOU project to compare final design to the as-built result. How close is the reality to what was approved. i.e. Pedestrian circulation. • Miller: Where is the city in revising codes on sidewalk, parkrows, and width of streets in smaller subdivisions? And; where is the city in promoting mixed housing in subdivisions perhaps 5 units per acre? • Dawkins: Street standards for subdivisions and why are some designed beyond what is needed. • Brown: Are we a small town or a town that is small? And; public engagement, how do we address people's concerns. • Midlin: Pedestrian access neighborhoods. And; infill planning, what does that mean and how do we move forward. D. Other Business City Source should have a link included in the utility bill that comes in electronic form. New commissioners: have they been chosen; mayor is in process of selecting. It would be nice to have them for the retreat. The deadline is supposed to be in April for the appointment. ADJOURNMENT Meeting adjourned at 9:22 PM. Ashland Planning Commission April 9, 2013 Page 7 of 7 i CITY OF ASHLAND Council Communication May 21, 2013; Business Meeting Public Hearing to Consider Increasing Water, Wastewater, Transportation, and Storm Drain Utility Rates FROM: Michael R. Faught, Public Works Director, Public Works Department, faughtm@ashland.or.us SUMMARY: This is a public hearing to consider increasing water rates 10% across-the-board, wastewater rates 10% across-the-board, transportation utility fees 3% and storm drain fees 3% consistent with the respective water and wastewater master plans and proposed revenue projections in the FY2014/15 biennium budget. These increases, if adopted, would cost a typical residence an additional $6.30 per month: $3.89 for water, $2.06 for wastewater, $.23 for transportation and $.12 for storm drain. BACKGROUND AND POLICY IMPLICATIONS: Based on the water and wastewater master plans, as well as the need to keep up with inflation in both the transportation utility fee and the storm drain fund, the proposed Public Works FY2014 and FY2015 biennium budget anticipates across-the-board utility rate increases as follows: Utility FY14 FY15 Water 10% 10% Wastewater 10% 10% Transportation Utility Fee 3% 3% Storm Drain 3% 3% This recommended rate increase is for the first year (FYI 4) of the two-year budget only. If approved, the new rates will become effective July 1, 2013. Staff is recommending a rate increase for only one of the two years in the proposed biennium budget in order to evaluate and recommend modifications (based on project costs or revenue receipts) on an annual basis. Water Fund Proposed Rate Increase The proposed 10% water rate increase is based on the recommended rate plan outlined in Chapter 9 of the April 17, 2012 Water Master Plan (see attached). All recommendations outlined in the Water Master Plan were vetted and ultimately recommended by both the Water Master Plan Technical Advisory Committee and the Ashland Water Advisory Committee. The plan recommends $30.5 million in water capital projects in order to ensure compliance with all regulatory requirements and to meet Ashland's current and future water system demands. The Water Master Plan outlines a 10-year rate structure developed to generate adequate funds to pay for the proposed capital projects and to support day-to-day operations. As a reminder, the proposed Page I of 5 l1r8WA11 CITY OF ASHLAND 20-year rate structure, based on a residential customer using 1,000 cubic feet of water, is outlined below: $100.00 $90.00 $80.00 1 $70.00 $63.60 $65:52 $59,87. $61.78 $60.00 $56.07 $58:17 $51.96 $50.00. $47.22 .$48.41 $42.90 - 2 $36.97 $40.00 $36A $30.00 $20.00 $10.00 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022. 1311111111 Average monthly rate at 10ccf- with the funding of a rate stabilization account -0- Inflation. reference line at 3% PROJECTED SINGLE FAMILY RESIDENTIAL WATER RATES (ASSUMING 10 CCF OF WATER USE PER MONTH) Council adopted the first year of the 10-year rate adjustment plan as proposed and staff is now recommending that Council continue to follow the water master plan financial recommendations and adopt the proposed FY2014 10% water rate increase effective July 1, 2013. Adopting the proposed water rate increase ensures adequate revenue streams to fund the capital projects and day-to-day operations as outlined in the plan. Some examples of water capital projects include; a new 2.5 million gallon per day treatment plant; new water storage tank; piping of the Talent Irrigation District (TID) ditch; installation of the regional emergency Talent/Ashland/Phoenix (TAP) line; and replacement of aging pipes, etc. Comparisons of the current and proposed rates are as follows: Fees Current Proposed % Change Rounding % Change Residential Residential Actual Used Actual Base Charge $ 17.63 $ 19.39 9.98% $ 19.39 9.98% ConsumptionNolume Charge Zero to 300 cf $ 5.49 $ 6.03 9.84% $ 6.04 10.02% 301 to 1000 cf $ 15.82 $ 17.40 9.99% $ 17.40 9.99% 1001 to 2500 cf $ - $ - 0.00% $ - 0.00% Page 2 of 5 ~r, CITY OF ASHLAND Total Monthly Bill $ 38.94 $ 42.82 9.96% $ 42.83 9.99% Wastewater Fund Proposed Rate Increase The proposed 10% wastewater rate increase is based on the recommended rate plan outlined in Chapter 14 of the April 17, 2012 Wastewater Master Plan (see attached). All recommendations outlined in the master plan were vetted and ultimately recommended by the technical advisory committee. The plan outlines $10.8 million of high priority capital projects to ensure compliance with all regulatory requirements and meet Ashland's current and future wastewater system demands. The Wastewater Master Plan outlines an eight-year rate structure developed to generate adequate funds to pay for the proposed high-priority capital projects and day-to-day operations. The following chart outlines the proposed eight-year rate increases to fund the wastewater program: Table 3 Curren(& Forecast Sewer Rates Forecast Current 2012 2013 2014 2015 2016 2017 2018 2019 Customer Class Rates" 2013 2014 2015 2016 2017 2018 2019 2020 % Rate Increase (per year) 10.00% 10.00% R00% 10.00% 10.00% 10.00% 5.00% 5.00% Residential Rates] Base $18.70 $20.60 $22.70 $25.00 $2250 $30.30 $33.30 $35.00 $36.80 Commodity (S(ect) $2.80 $3.08 $3.39 $3.73 $4.10 $4.51 54.96 $5.21 $5.47 Commercial Rates Base S19.54 $21.50 $23.70 $26.10 $28.70 $31.60 $34.80 $36.50 $38.30 Commodity ($lcct) $3.11 $3.42 $3.76 $4.14 $4.55 $5,01 $5.51 $5.79 $6.08 ^ Base Rates are rounded to the nearest $0.101month. Commodity Rates are rounded to the nearest $0.01. t Most residential customers pay only the base rate, which includes 400 cubic feel of water consumption. Council adopted the first year of the eight-year rate adjustment plan as proposed and staff is now recommending that Council continue to follow the wastewater master plan financial recommendations and adopt the proposed FY2014 10% wastewater rate increase effective July 1, 2013. Adopting the proposed wastewater rate increase ensures adequate revenue streams to fund the capital projects and day-to-day operations as outlined in the plan. Some examples of the wastewater capital projects include; effluent outfall relocation and Bear Creek shading; a new oxidation ditch at the treatment plant; new sewer capacity pipes that parallel Bear Creek; and pipe replacement projects. A comparison of the current residential rates and the proposed rates are as follows: Single Family Residential June 2012 July 2013 Monthly Service Charge $20.60 $22.66 Quantity Charge per cf $0.0308 $0.0338 Page 3 of 5 15FAX611 CITY OF ASHLAND Transportation Utility Fee Staff is recommending a 3% inflationary fate increase in the transportation utility fee effective July 1, 2013. Revenue for the street maintenance fund include; state gas taxes; transportation utility fees; state and federal grants; system development charges (SDCs); and franchise fees. The state gas tax and transportation utility fees are primarily used to fund the day-to-day operations, debt service and a portion of the capital projects (sidewalk replacement, slurry seals, non-grant funded overlays, etc.). While the state gas tax was increased by six cents per gallon a few years ago, the fund is not indexed so inflation will cause this revenue source to decline over time. Since rates have not been increased with the rate of inflation, the overall revenue has not kept pace with operational needs. That impact, based on the consumer price index (CPI-W) Portland since 2009, is 7.83%. Another way to measure the impact of declining revenues in this fund is to determine if 100% our streets have a pavement condition index rating (PCI) of 40 or greater. Unfortunately the percent of roads meeting this performance measure has declined. In 2007, 96% met the performance measure; and in 2013 that number is 77%. This trend can ultimately cost Ashland residents more if additional streets fall into the reconstruction category. A street has a 20-year lifecycle and if overlaid within 15 years, at about $400,000 per mile, the street life can be extended for 20 years after each overlay. In contrast, if a street falls into the reconstruct category it costs about $2.5 million per mile to repair. To remedy the current funding trend, staff recommends that a transportation utility fee financial assessment is completed to determine adequate funding levels to maintain the street system at a 40 PCI or greater level. The comparison of the current to the proposed transportation utility rates is as follows: 3% rate increase 3% rate increase Transportation Fee effective 11/1/2009 effective 7/1/2013 Unit A. Single Family $ 7.94 $ 8.17 Per month Storm Drain Fee Staff is recommending a 3% inflationary rate increase in the storm drain fund effective July, 2013. Similar to the transportation utility fund, the storm drain fee has not been increased since 2009 and therefore revenue has not kept pace with inflation. Funding for this program comes from the storm drain fee and SDCs. In this case, the storm drain fee does not cover the costs necessary to meet funding requirements. This, combined with the impact of inflation since 2009, means the street fund is subsidizing the storm water program. To that end, the new storm water master plan will include a financial component recommending a rate structure that pays for the program. The following provides a cost comparison between the existing storm drain fee and the proposed 3% rate increase. 3%rateincrease 3%rateincrease Storm Drain Fee effective 11/1/09 effective 7/01/13 Unit A. Single Family $ 4.17 $ 4.29 Per month Page 4 of 5 Ir, CITY OF ASHLAND FISCAL IMPLICATIONS: The proposed rate increases are built into the proposed FY2014/15 budget. The rate increases are consistent with the water and sewer master plan recommendation and ensure adequate funding for day- to-day operations and the capital projects outlined in the adopted plans. The proposed transportation utility and storm drain fees are recommended to minimize inflationary impacts. The accumulative increases in fees to an average residential customer are as follows: Fund % Change Monthly Increase Water 10% $3.89 Wastewater 10% $2.06 Transportation Utility Fee 3% $ .12 Storm Drain Fee 3% $ .23 Total $6.30 STAFF RECOMMENDATION AND REQUESTED ACTION: Staff is recommending Council approve the attached resolutions increasing water rates, wastewater rates, transportation utility fees and storm drain fees effective July 1, 2013. SUGGESTED MOTION: Move to approve the attached resolutions increasing water rates 10%, wastewater rates 10%, transportation utility fees 3% and storm drain fees 3% effective July 1, 2013. ATTACHMENTS: 1. Adopted Water Master Plan documents may be viewed online at: http://www.ashland.or.us/SIB/files/2012%20C WMP-Carollo(l ).pdf 2. The adopted Wastewater Master Plan may be viewed online at: http://www.ashland.or.us/Page.asp?NavlD=14696 3. Water Rates Resolution Draft 4. Water Rates Resolution Attachment 5. Wastewater Rates Resolution Draft 6. Wastewater Rates Resolution Attachment 7. Transportation Rates Resolution Draft 8. Transportation Rates Resolution Attachment 9. Storm Drain Rates Resolution Draft 10. Storm Drain Rates Resolution Attachment Page 5 of 5 ~r, RESOLUTION NO. 2013- A RESOLUTION REVISING RATES FOR WATER SERVICE PURSUANT TO ASHLAND MUNICIPAL CODE SECTION 14.04.030 AND REPEALING RESOLUTION 2012-12 THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The water rate charges and rates as shown on the water rate schedule attached as Exhibit "A" shall be effective for actual or estimated consumption on or after July 1, 2013. Prorated calculations are permitted for any bills prepared for a partial month or billing period that overlaps the effective date of this Resolution. Miscellaneous Charges and Connection Fees established by previous resolutions remain in effect until revised by separate Council Action. SECTION 2. Copies of this resolution shall be maintained in the Office of the City Recorder. SECTION 3. Classification of the fee. The fees specified in Section 1 and Section 2 of this resolution are classified as not subject to the limits of Section l lb of Article XI of the Oregon Constitution (Ballot Measure 5). SECTION 4. Resolution 2012-12 is repealed. This resolution was duly PASSED and ADOPTED this day of , 2013, and the effective date is July 1, 2013 upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of , 2013. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney CITY OF ASHLAND, OREGON EXHIBIT "A" WATER RATE SCHEDULE RESOLUTION NO. 2013- EFFECTIVE JULY 1, 2013 METERED SERVICE All water service provided by the City of Ashland will be in accordance with Chapter 14.04 of the Ashland Municipal Code. 1. WATER RATES WITHIN THE CITY LIMITS A. MONTHLY SERVICE CHARGE: The basic service charge applies to all metered water services and does not include any water consumption. OLD NEW 0.75 Inch Meter $17.66/month $19.42/month 1 Inch Meter $35.29/month $38.81/month 1.5 Inch Meter $50.30/month $55.33/month 2 Inch Meter $66.26/month $72.88/month 3 Inch Meter $138.53/month $152.38/month 4 Inch Meter $211.78/month $232.95/month 6 Inch Meter $397.10/month $436.81/month 8 Inch Meter $661.80/month $727.98/month B. WATER QUANTITY CHARGE: All customers will be charged the following rates per cubic foot of water used. Single Family Residential Consumption OLD NEW 0 to 300 cf per month $0.0183/cf $0.0201/cf 301 to 1000 cf per month $0.0226/cf $0.0248/cf 1001 to 2500 cf per month $0.0301/cf $0.0331/cf Over 2500 cf per month $0.0389/cf $0.0427/cf Multi-Family Residential Consumption OLD NEW 0 to 300 cf per month per unit $0.0183/cf $0.0201/cf 301 to 1000 cf per month per unit $0.0226/cf $0.0248/cf 1001 to 2500 cf per month per unit $0.0301/cf $0.0331/cf Over 2500 cf per month per unit $0.0389/cf $0.0427/cf EXHIBIT A - PAGE 1 - Effective July 1, 2013 Non-Residential Consumption OLD NEW 0 - 50,000 cf per month $0.0259/cf $0.0284/cf Over 50,000 cf per month $0.0266/cf $0.0292/cf C. TID IRRIGATION WATER RATES: Unmetered Service $127.65/acre or portion of an acre-OLD $140.41/acre or portion of an acre-NEW Metered Service Base Service Charge Same as "A" above Water Consumption $0.0042/cf-OLD $0.0046/cf-NEW D. BULK WATER RATE: For water provided on a temporary basis through a bulk meter on a fire hydrant, The following charges apply: OLD NEW Deposit' $1,395.90 $1,535.49 Basic Fee $176.27 $193.89 Cost of Water Same as Commercial "Deposit is refundable less basic fee, cost of water, and any damage to the city meter, valve, wrench, and/or hydrant. E. FIRE PROTECTION SERVICE WATER RATE: This rate shall apply to all fire protection services or fire guards. The basic service charge will be equal to the minimum basic service charge. Water will be billed at commercial rates. 2. RATES OUTSIDE THE CITY LIMITS All rates and charges for water service provided outside the city limits will be 1.5 times the rates for water service provided within the city limits. EXHIBIT A - PAGE 2 - Effective July 1, 2013 3. SURCHARGE IRRIGATION RATES - WATER QUANTITY CHARGE All customers will be charged the following rates per cubic foot of water used for the months of June through September. Single Family Residential Consumption OLD NEW 0 to 300 cf per month $0.0183/cf $0.0201/cf 301 to 1000 cf per month $0.0226/cf $0.0248/cf 1001 to 2500 cf per month $0.0301/cf $0.0331/cf 2501 to 3600 cf per month $0.03891cf $0.0427/cf Over 3600 cf per month $0.0506/cf $0.0556/cf Multi-Family Residential Consumption OLD NEW 0 to 300 cf per month $0.0183/cf $0.0201/cf 301 to 1000 cf per month $0.0226/cf $0.0248/cf 1001 to 2500 cf per month $0.0301/cf $0.0331/cf 2501 to 3600 cf per month $0.0389/cf $0.0427/cf Over 3600 cf per month per unit $0.0506/cf $0.0556/cf EXHIBIT A - PAGE 3 - Effective July 1, 2013 RESOLUTION NO. 2013- A RESOLUTION REVISING RATES FOR WASTEWATER (SEWER) SERVICE PURSUANT TO ASHLAND MUNICIPAL CODE SECTION 14.08.035 AND REPEALING RESOLUTION 2012-13 THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The wastewater (sewer) rate charges and rates as shown on the wastewater (sewer) rate schedule attached as Exhibit "A" shall be effective for actual or estimated consumption on or after July 1, 2013. Prorated calculations are permitted for any bills prepared for a partial month or billing period that overlaps the effective date of this Resolution. Miscellaneous Charges and Connection Fees established by previous resolutions remain in effect until revised by separate Council Action. SECTION 2. Copies of this resolution shall be maintained in the Office of the City Recorder. SECTION 3. Classification of the fee. The fees specified in Section 1 and Section 2 of this resolution are classified as not subject to the limits of Section 11 b of Article XI of the Oregon Constitution (Ballot Measure 5). SECTION 4. Resolution 2012-13 is repealed. This resolution was duly PASSED and ADOPTED this day of , 2013, and the effective date is July 1, 2013 upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 12013. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 1 of 1 SEWER RATES EXHIBIT "A" PAGE1 EXHIBIT "A" CITY OF ASHLAND, OREGON SEWER RATE SCHEDULE RESOLUTION NO. 2013- EFFECTIVE JULY 1, 2013 All sewer service provided by the City of Ashland will be in accordance with Chapter 14.08 of the Ashland Municipal Code. 1. SEWER RATES WITHIN THE CITY LIMITS Single Family Residential June 2012 July 2013 Monthly Service Charge $20.60 $22.66 Quantity Charge per cf $0.0308 $0.0338 Quantity Charge is based on average winter water consumption in excess of 400 cubic feet (co per month. Winter consumption is defined as the average of water meter readings taken in the months of January, February and March. Annually on April 1 the bill will be adjusted based on the water meter readings taken during the previous three months. Single family residential water accounts with no consumption during the months of January, February and March will be based on 700 cubic feet. Multi-Family Residential June 2012 July 2013 Monthly Service Charge per Unit $20.60 $22.66 Quantity Charge per cf $0.0308 $0.0338 Quantity Charge is based on average winter water consumption in excess of 400 cubic feet per month per unit. Winter consumption is defined as the average of the water meter readings taken in the months of January, February and March. Multi-family residential accounts are all accounts in which more than one residential dwelling is attached to the same water service. Annually on April 1 the bill will be adjusted based on the water readings taken during the previous three months. Multi-family residential water account with no consumption during the months of January, February and March will be based at 500 cubic feet. Two dormitory rooms are equal to one multi-family residential unit. SEWER RATES EXHIBIT "A" PAGE2 Commercial, Industrial and June 2012 July 2013 Governmental Monthly Service Charge $21.50 $23.65 Quantity Charge per cf $0.0342 $0.0376 Quantity Charge is based on actual monthly water consumption. Mixed residential and commercial accounts will be billed as commercial. For commercial, industrial or governmental users where monthly water consumption is not measured through city water meters, the sewer rate will be established as follows: The annual water consumption will be determine by an estimate made by the Director of Finance who shall use water consumption records of similar users or water consumption record of past use, if available. The annual water consumption will be multiplied by the Quantity Charge set forth above and the product divided by twelve. The quotient will be added to the Monthly Service Charge set forth above. The sum shall be the monthly sewer rate for the user. This rate shall be effective beginning in the month after the rate is determined until the rate schedule is amended by resolution of the council. At such time the Director shall redetermine the annual water consumption and compute the monthly sewer rate using the formal asset forth above. Water consumption determined in this manner shall be lowered if the user can demonstrate through the use of a meter approved by the city that the user's actual consumption is less than the estimate. 2. ADJUSTMENTS AND EXEMPTIONS TO COMMERCIAL AND INDUSTRIAL SEWER RATES A. If a commercial, industrial or governmental user can demonstrate that the volume of sewage discharged by the user is less than 50% of the water consumed, the City Administrator may adjust the sewer user charge accordingly. Methodology for Special Cases for City Administrator 1. Greenhouses, Churches, and Schools (grades K-12) operating on a nine month school year. June 2012 July 2013 Monthly Service Charge $21.50 $23.65 Quantity Charge per cf $0.0342 $0.0376 SEWER RATES EXHIBIT "A" PAGE3 Quantity Charge is based on average winter water consumption. Winter consumption is defined as the average of the meter readings taken in the months of January, February and March. Annually on April 1 the bill will be adjusted based on the water meter readings during the previous three months. 1. Bed and Breakfasts and Ashland Parks Bathroom June 2012 July 2013 Monthly Service Charge $21.50 $23.65 Quantity Charge per cf $0.0342 $0.0376 Quantity Charge is based on winter water consumption. Winter consumption is defined as the total of water meter readings taken in the months of January, February and March. Annually on April 1 the bill will be adjusted based on the water meter readings during the previous three months. B. Water sold through an irrigation meter is exempt from sewer user charge. 3. SEWER RATES OUTSIDE THE CITY LIMITS A. The sewer user charge shall apply to those sewer users permitted under Section 14.08.030 of the Ashland Municipal Code. B. The sewer rates for outside the City limits shall be two times the sewer charges for inside the City limits. Unmetered residential accounts will be calculated on an average winter usage of 700 cubic feet of water for single family residences, and 500 cubic feet per unit for multi-family residences. RESOLUTION NO. 2013- A RESOLUTION ADOPTING A TRANSPORTATION UTILITY FEE SCHEDULE PURSUANT TO ASHLAND MUNICIPAL CODE SECTION 4.26 AND REPEALING RESOLUTION 2009-27. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION I. The "Transportation Utility Rate Schedule," marked "Exhibit A" and attached to this Resolution, is adopted as the transportation utility fee incorporating a 3% rate increase effective July 1, 2013. SECTION 2. One copy of this Resolution and "Exhibit A" shall be maintained in the office of the City Recorder and shall be available for public inspection during regular business hours. SECTION 3. The fees adopted pursuant to this Resolution shall be effective July 1, 2013. SECTION 4. Resolution 2009-27 is repealed on the effective date of this Resolution. SECTION 5. The fees imposed by this Resolution are classified as not subject to the limits of Section 11 b of Article XI of the Oregon Constitution (Ballot Measure No. 5). This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this day of , 2013. Barbara Christensen, City Recorder SIGNED and APPROVED this day of , 2013. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 1 of 1 Exhibit A City of Ashland TRANSPORTATION UTILITY FEES WITHIN THE CITY LIMITS RESOLUTION 20013 Effective Date, July 1, 2013 3% rate increase 3% rate increase Transportation Fee effective 11/1/2009 effective 7/1/2013 Unit A. Single Family $ 7.94 $ 8.17 Per month B. Multiple Family $ 6.05 $ 6.23 Per month per unit C. Retail Store $ 1.08 $ 1.11 Per month per 100 sq ft. D. Wholesale Use $ 0.63 $ 0.64 Per month per 100 sq ft. E. Office Use $ 0.72 $ 0.74 Per month per 100 sq ft. F. Medical/Dental Use $ 0.97 $ 0.99 Per month per 100 sq fl. G. Service Use $ 0.97 $ 0.99 Per month per 100 sq ft. H. Restaurant/Bar Use $ 2.84 $ 2.92 Per month per 100 sq ft. 1. Manufacturing Use $ 0.63 $ 0.64 Per month per 100 sq ft. J. Warehousing Use $ 0.36 $ 0.37 Per month per 100 sq ft. K. Hotel/Motel Use $ 2.84 $ 2.92 Per month per guest room L. Institutional and all other accounts not $ 2.84 $ 2.92 Per month per required parking spaces classified above. Including nursing as specified in Chapter 18.92. homes and retirement homes M. Churches and places of Worship NOTE: Users with in the Downtown Overlay District shall be charged on the same basis as elsewhere within the city. The minimum fee per month for any commercial account is: $ 7.94 $ 8.17 C:IDocuments and SettingsGshipletd\Local Settings\Temporary Internet Files\Content.Outlook13N77SLG9\052113 Water WW Transportation and Storm Drain Rate Increases Atch8.xlsx 5/15/2013,3:30 PM RESOLUTION NO. 2013- A RESOLUTION ADOPTING A STORM DRAIN UTILITY FEE SCHEDULE PURSUANT TO ASHLAND MUNICIPAL CODE SECTION 4.27.050 AND REPEALING RESOLUTION 2009-28 THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The "Storm Drain Utility Fee Schedule," marked "Exhibit A" and attached to this Resolution, is adopted as the Storm Drain Utility fee incorporating a 3% rate increase effective July 1, 2013. SECTION 2. One copy of this Resolution and "Exhibit A" shall be maintained in the office of the City Recorder and shall be available for public inspection during regular business hours. SECTION 3. The Fees adopted pursuant to this Resolution shall be effective July 1, 2013. SECTION 4. Resolution 2009-28 is repealed on the effective date of this Resolution. SECTION 5. The fees imposed by this Resolution are classified as not subject to the limits of Section 11 b of Article XI of the Oregon Constitution (Ballot Measure No. 5). This resolution was duly PASSED and ADOPTED this day of , 2013, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 12013. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Exhibit A City of Ashland STORM DRAINAGE UTILITY FEES WITHIN THE CITY LIMITS RESOLUTION 2013- Effective Date, July 1, 2013 3% rate increase 3% rate increase Stone Drainage Fee effective 11/1/09 effective 7101/13 Unit A. Single Family $ 4.17 $ 4.29 Per month B. Condominium, 1-9 Units $ 1.80 $ 1.85 Per month per unit C. Multi-Family, 1-9 Units $ 1.80 $ 1.85 Per month per unit D. Mobile Home & Trailer, 1-9 Unites $ 1.80 $ 1.85 Per month per unit E. All other uses not classified above $ 1.39 $ 1.43 Per 1000 square feet impervious area F. Minimum charge per account $ 4.17 $ 4.29 Per month NOTE: Users with in the Downtown Overlay District shall be charged on the same basis as elsewhere within the city. The minimum fee per month for any commercial account is: $ 4.17 $ 4.29 CADocuments and SettingslshipletdlLocal SettingsUemporary Internet FileslContent.Outlook13N77SLG91052113 Water WW Transportation and Storm Drain Rate Increases AtchlO.xlsx 5/15/2013, 3:37 PM CITY OF ASHLAND Council Communication May 21, 2013, Business Meeting Council direction for the Historic Commission and the Community Development Department to create a Historic Markers Program FROM: Amy Gunter, Assistant Planner, Community Development, puntera2ashland.or.us Bill Molnar, Director, Community Development, molnarb@ashland.or.us SUMMARY In January 2013, the City Council directed the City of Ashland Historic Commission to develop a Historic Wayfinding or Historic Markers program. A sub-committee of the Historic Commission, in concert with the Public Arts Commission and under the direction of the Community Development Department, has developed a Historic Markers Master Plan. The plan identifies three potential tiers for plan implementation, ranging in cost from $53,500 to $145,000. BACKGROUND AND POLICY IMPLICATIONS: The purpose of the Historic Markers Plan is to promote historical and heritage tourism that engages the public and provides knowledge and context for historic preservation in Ashland, for both visitors and residents alike. The City of Ashland has a rich and diverse history that is not easily discernable on the landscape. This project will provide a connection to the history of Ashland on today's landscape. The plan has been brought before the City of Ashland Public Arts Commission and City of Ashland Parks Department for their input and participation. FISCAL IMPLICATIONS: The fiscal implications vary depending on the finances available and the level of the Historic Markers Plan implemented. The proposed plan is broken down into tiers with estimates provided for each tier. Tier one is the most comprehensive and seeks to get public art and plaques installed at each identified site. The estimate for tier one is approximately $145,000. Tier two provides for the public art installation and plaque installation in the downtown and the Railroad District for approximately $85,000. Tier three, at approximately $53,500, would cover only the downtown area with a public art sculpture and plaques. The plan is written in a way that small portions can be completed over time. Additionally, the Historic Markers Plan can have sites added at any point in time. Staff is exploring possible funding sources, including grant opportunities through the State of Oregon State Historic Preservation Office and Oregon Community Foundation Community Grant Program. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends the,Council endorse the Historic Markers Master Plan and provide input and direction as to which tier to begin working towards. Page I of 2 ~r, CITY OF ASHLAND SUGGESTED MOTION: I move to endorse the Historic Markers Master Plan and request that staff and the Historic Commission work toward tier [one, two, or three] of the plan. ATTACHMENTS: Historic Markers Master Plan Samples of plaques and public art Page 2 of 2 1~, HISTORIC MARKERS MASTER PLAN 2013 City of Ashland Historic Commission i j w R,gr 1 h Wa,.a~~~li Y L~ y< r y 1 I~ i CITY Of -ASHLAND HISTORIC MARKERS MASTER PLAN The City of Ashland Historic Commission, in partnership with the Public Arts Commission, has developed a Historic Markers and Wayfinding Plan. The purpose of this plan is to promote Historical and Heritage Tourism that engages the public, and provides knowledge and context for the preservation of the history of Ashland, for both visitors and residents alike. The Oregon Heritage Commission states, "...Oregon's cultural heritage travelers spend nearly 60 percent more per person than they do nationally. These travelers contributed an estimated $19.6 billion to the state economy on their most recent trip to the state, according to the study's findings." http://www.oregon.gov/oprd/HCD/0HC/-Pages/Tourism.aspx The City of Ashland has a rich and diverse history which is not easily discernable on the landscape. This project will provide a connection to the history of Ashland on today's landscape. The City of Ashland historic interest area is divided into four Historic Districts: Downtown, the Railroad District, Siskiyou-Hargadine, and Skidmore Academy. Downtown and the Railroad District are more commercially based, and Siskiyou-Hargadine and Skidmore Academy will refer more to people/ families. Each district will have a hub site. Branching off of each hub will be the spoke sites. The hubs will ideally have a piece of contemporary, yet historic-themed, site-specific sculpture, and information about why that hub site is important to the development of the overall historic district. The spokes will focus on the important places, events or people that represent the specific district, each designated with a smaller marker, plaque or sign. The markers will tell the stories and point out the facts of Ashland's history. Both the hub and spoke sites will have information directing the visitor to a dedicated website accessible via a Quick Response (QR) Code, with additional information regarding the district and / or site. Some of the sites are on private property and public / private partnerships will be integral for the inclusion of some sites identified and for the expansion of the Markers program. To encourage additional community involvement, the Markers program will be included in local fourth grade class curriculum. The fourth grade students will assist in development of content for the OR codes at each site. (We imagine accessing via the website, narratives spoken by the children about the historic sites. Blackstone Audio has offered to record the children's narratives Narratives will be derived from existing Historical documentation such as the collections at the Public Library, the SOU Hannon Library, Southern Oregon Historical Society, maps and other databases available in the public realm. Site One: Downtown District Hub: Public Art at base of Shakespeare hill (Lincoln statue site) with historic mill theme Spoke Sites: (14) Chautauqua foundation Woolen Mill Ashland Springs Hotel Enders Block Varsity Theatre ~r® ASHLAND I Elks Building Trinity Episcopal Pioneer Glass (Standing Stone) Lithia Park (Enders shelter, Butler Perozzi fountain, parks office, motor camp), in co- ordination with the Parks Department Bluebird Park We Are Here sculpture Sub-Hub and Spokes: Plaza (5) IOOF Masonic Building Bank of Ashland (Treehouse Books) City Hall Gainard Opera House Site Two: Railroad District Hub: Railroad-centric sculpture near 4" and A, referencing former depot location, roundhouse, and S&P Yards Spoke Sites: (11) Chinese Laundry (B & Water) Twin Plunges / Natatorium (Co-op) Eel ponds Loomis Building & Peerless Powell's Confectionary House (Gallerie Karon) Vansant Building Old VFW building Haskins Garage (Old fire house and jail) Old Depot building Old Ashland Cemetery Golden Spike location Wah Chung Grocery Site Three: Siskiyou Hargadine Hub: Southwest corner of Gresham and E. Main / Siskiyou: Theme -early settlers and their contributions Spoke Sites: (7) Ashland Public Library EV Carter House Winchester House Ta' ernor House Lincoln School -ASHLAND Swendenburg House Old Junior High School Site Four: Skidmore Academy Hub: Briscoe Elementary School (former Washington School site): Theme - early settlers and their contributions. Spoke Sites: (6) Methodist Church North Side School site Grainger House Peil House Butler House "3 Sisters" Financial Implications Below is more detailed information on the financial aspects ranging from the most expensive to least expensive. With decisions still to be made about types of signs, cost must remain somewhat flexible. Funding for the Historic Markers Master Plan could come from a variety of sources. These sources include utilizing Transient Occupancy Tax residuals, public/private partnerships with local businesses, organizations such as the local Realtors Board and the Chamber of Commerce. Additionally, grant opportunities exist through the State of Oregon Preservation Office and Oregon Community Foundation Community Grant Program. Tier One ($144,500) would involve securing artists under the guidance of the Historic and Public Arts Commissions, to create a contemporary sculpture (not to exceed $20,000 for each hub) based on each Hub's key theme. Funding of the Spoke Sites provides a $1500 allowance for each site, to be created under the guidance of the Historic commission, (content in co-ordination with public classroom students studying local history.) Tier one would cost approximately $80,000 for the Hubs and $64,500 for the Spoke sites. [plus fees for professional consultation for the written narratives] Tier 1: Public Art Sculpture at Hubs, $20,000 each (4) Spoke Sites: plaques in cast bronze, cast aluminum, or porcelain enameled steel; cX x 1'- c.2' x 3' signs - median $1,500 each (43), depending on material, character count, and/or photos Tier Two ($85,000) would include Public Art at the Downtown and Railroad District Hub sites only. As with Tier One, the Spoke sites would be marked by plaques, under guidance of the Historic Commission, with co-ordination with local history students. Tier Two would cost approximately $40,000 for the Hubs and $45,000 for the Spokes sites. [plus fees for professional consultation for the written narratives) fl51i LAND Tier 2: Sculpture It Downtown and Railroad Hubs, $20,000 each (2) Spoke sites: plaques in cast bronze, cast aluminum, or porcelain enameled steel; c.1' x 1' - c.2' x 3' signs - median $1,500 each (30), depending on material, character count, and/or photos. Tier Three ($53,500) would be as above, but for the Downtown District only, with Public Art Sculpture at entry to Lithia Park, $20,000, and a "sub-hub" significant marker (TBA) at the Plaza, $5,000. Plaques at Spoke sites, $28,500 (19). [plus fees for professional consultation for the written narratives] Under Tier Three, the city of Ashland should consider the remaining districts for future attention in phases, as funding allows. This plan provides guidance for that. I i ®AER .ASHLAND D u h I Y I h .l 5 r ~ fd. 1 a ts.;r T _ _ ~ , FS L r y: OUR& ~ k CKNM G 3~ e 5 a ~ ~~tL.*L 't ~ u r s r a is• t 't 4r <fl.. ARE Xri a `a t. e- - 1 +4 ~J M1A r r4 .r -`Va , ~ i..vyy -ti 4 l I 4 ~i7 'Ins II i' 1 ry 4 fg 4Q r' G . IF ~gp ICU L ~ to c I 's 7 1 r- , `fit?, I' 7 u~ ~J r ~ -yS: N 1 4~jj~i~~L ~y ,9i ; • ♦ 1, f ^F'}f y 1. 4 avw Y X111 J o- h r 'S5,~,,~~ c HISTORIC DISTRICT hti ti id- ♦ K p. 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N <n f t3 ~A ti Sac 1, r -1 ~e+~!l q i 00"-,' u ~ r5 a 7. IIII „ ir. t Y tat ~~~~'},r+~ Wit. '2. ~ ~+lr ~ ~ i i CITY OF ASHLAND Council Communication May 21, 2013; Business Meeting I Fiscal Year 20 I 12-13 Third Quarter Financial Report: January - March 2013 I FROM: Lee Tuneberg, Finan le Director, Administrative Services Department, tuneberl@ashland.or.us SUMMARY The Administrative Services Department submits reports to Council on a quarterly basis to provide assurance of budget compliance and for informational and comparative purposes throughout the year. This report covers the third quarter and first nine months of FY 2012-2013 and provides comparative information to the same quarter in the prior year. BACKGROUND AND POLICY IMPLICATIONS: This report provides information to assist in changing operations and adjusting budgets for the current fiscal year and will be used in the final stages of the biennium budget process. The reports are intended to present in in formats consistent with the department, fund and business activity presentations included in the adopted FY 2012-2013 budget document and the manner in which they will be shown in the end of year report. Unaudited, detailed balance sheets, revenues and expenditure reports are available for your review in the Administrative Service Department office should you require any additional information. I FISCAL IMPLICATIONS: The City has been successful in strengthening its final position over the last few years, somewhat recovering from a decline in economic conditions when the housing industry dropped in 2008, impacting all other industries. The recent bond issues reflected this trend and the City's ability to fare better than many peel agencies when bonds were issued in February, 2013. The City received good interest rates for new project money and for refinancing existing debt, saving approximately $1.9 million over the life of the replacement debt. Even so, the rating agency assigned only an A 1 rating which may leave room for improvement despite Ashland's size. One of the key comments was that Ashland could improve and protect itself by increasing reserves. A warning was that falling assessed values could influence future attempts to borrow. Staff is working to e sure budget compliance on expenditures and it seems likely the working capital carry forward will meet or exceed those estimated for the budget. A potential factor for larger amounts carried forward is the timing of capital project expenditures due to timing or weather delays. Staff is considering what budget adjustments will be needed to address such changes in this year's budget and in the biennium. In March 2013 the total cash balance was $3 million or 10% above the same time in the prior year. This net improvement includes $4.6 million in recent bond proceeds and other increased revenues Page I oft CITY OF ASHLAND offset by capital expenditures from City coffers for capital projects like the public safety buildings and enterprise improvements. i Approximately 60% of the total $33.5 million in cash balance is unassigned leaving $13.4 million reserved for use by internal and external restrictions. An example of an internal restriction is the $870,574 held for the Cemetery trust to ensure its maintenance into perpetuity. System Development Charges totaling $6.4,I million are a good example of external restriction. The presented amounts will change through to the end of the year, often decreasing in areas funded by property taxes since distributions from the County diminish greatly after February. However, any improved condition evidenced by elevated balances is needed as the City moves into the biennium and addresses added capital costs and increased PERS costs. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that Council accept the quarterly report. SUGGESTED MOTION: I move to accept the third quarter financial report for FY 2012-2013. ATTACHMENTS: Quarterly Financial Report Financial Statements i I it I i Page 2 of 2 CITY OF Q uarterly Firnancial= Rep©rt SHLAND ' Third ~ uarGer o FY 2012-2~0 3 I I This Quarterly Financial Report covers the period from July 2012 through March 2013. Summary of Cash anId Investments This summary is intended to give the reader an understanding of changes in the City's cash position across funds and investment types. The City-wide cash balance has increased $3.4 million between fiscal years at the end of March. i Third Quarter FY 2012-13 Cash Balance Change Compared to Prior years $35,000,000 I 11% $30,000,000 20% $25,000,000 13% $20,000,000 - $15,000,000 $10,000,000 $5,000,000 3/31/2009 3/31/2010 3/31/2011 3/31/2012 3/31/2013 Balance $18,184,572 $22,262,310 $25,153,679 $30,144,429 $33,517,533 Material changes in cash balances between fiscal years: The major changes in cash are increases in the Water Fund, the Street Fund and the Equipment Fund; and decreases in the Capital Improvements Fund (CIP Fund) and the Wastewater Fund. Additional discussion of fund activity follows later in this report. 1. The City rec lived a net $4.6 million to fund water, wastewater, storm water, street and parks improvements, and to refinance the City's outstanding water revenue bonds in the third quarter of this year. Other bonds were sold to refinance old debt, saving the City money in future years. 2. The Water and the Street Funds' cash increases are a result of this financing. 3. The Equipment Fund's cash increase is from payments for future equipment replacements and repayment of inter-fund loans. 4. CIP Fund's reIduction was primarily from spending bond proceeds for the construction of Fire Station 2 and general reserves for the Police Department building expansion. 5. The Wastewater Fund's received some of the financing but spent $375,900 more year-to- date on the treatment plant. Page 1 of 5 Changes in cash and investment balances: Total Cash is $33.5 million with 98% held in the local government investment pool. This continues to be in line with the investment policy of liquidity, diversity and yield. Statement of Revenues and Expenditures - Citywide This schedule is intended to provide an overall sense of the City's financial activity for the first nine months of this fiscal y',ear, compared to budget and prior year actual information. Total Resources (Revenues and Budgetary Resources) are 72% of budget. Revenue is on target to meet the budgeted overall eight percent increase over the prior year. Budgetary resources (those other than operating revenues) are 64% of budget. This is lower than expected because not all of the budgeted financing has been needed. i 1. Intergovernmental revenue is 35% of budget, in part due to the timing of the work and reimbursement for the Ashland Forest Resiliency Stewardship Project (AFR). 2. Budgetary resources in the other financing sources category are 62% of budget. Bond proceeds provided $4.6 million for new projects for the Street Fund ($1.2 million), the CIP Fund ($500,000), the Water Fund ($2.5 million), and the Wastewater Fund ($600,000). Total Requirements (Operating Expenditures and Budgetary Requirements) are 60.5% of budget. Operating expenditures have increased 6.5% to date and are budgeted to increase nine percent. Budgetary requirements without considering contingencies are 81% of budget, because 94% of operating transfers have occurred as of the end of the third quarter. 1. Personnel sel ices are budgeted to grow seven percent for fiscal year 2012-13. They have grown by 4.5% at the end of the third quarter. Budgeted increases are due to full- year funding of unfunded positions restored by the Council in FY 2012, union negotiations, and increases in other benefit costs. Actual growth in costs are slower because the City had retirements which appear to have caused savings in delayed hiring of replacement employees and in hiring them at a lower pay rate. Another savings potential when the City hires new employees under OPSRP which results in savings due to its lower cost retirement program. 2. Materials and services cost are budgeted to increase ten percent but have increased 6.5% over the prior, year. The slower growth rate than budgeted is from the AFR project not spending as much as anticipated and other reasons specific to individual funds as detailed in the "Financial analysis of the City's Funds" below. 1 3. Debt Service was budgeted to increase ten percent to cover the additional borrowing for Fire Station 2. Actual debt service for the year increased 19% because 4he Hargadine loan total wasi retired early. 4. Capital Experiditures doubled from $3.5 million to $7 million and it reflects spending on the new fire station, police station and increased street & wastewater projects. Capital outlay is budgeted to be $18.7 million. Page 2 of 5 'E~, Schedule of Budgetary Compliance The Schedule of Budgetary Compliance presents expenditures on a budget basis by fund, consistent with the resolution adopting appropriation levels for the year. 1. There is one budget appropriation transfer resolution, one supplemental budget, and no budget violations for this fiscal year to date. $180,786 of contingency has been transferred to',appropriations. 2. Total City-wide expenditures (in aggregate) are below the prorated 75% level anticipated for the third quarter. FINANCIAL ANALYSIS OF THE CITY OF ASHLAND'S FUNDS The analyses below are limited to the funds with the major changes in revenue and expenditures between fiscal years as of the end of the third quarter. The major changes in revenues and expenditures are in the General Fund, Street Fund, Capital Improvements Fund, Water Fund, and Electric Fund. General Fund The General Fund FY 2012-13 budget anticipated 5.7% more in revenue and 7.2% more in expenditures than the prior year. As of the end of the third quarter the General Fund revenue is 77.6% of budget andlexpenditures are 71.4% of budget. This has resulted in a $214,502 excess of revenues over expenditures as compared to a budgeted $1 million shortfall at the end of the fiscal year. Last year revenues were ahead of expenditures by $539,466 at march 31. Only 24.5% of Contingency has been used but additional transfers are likely before the end of June. 1. Intergovernmental revenues and Transfers (from the Cemetery Trust) are the only resources below the 75% mark. Transfers represent interest income in the trust and are expected to stay about $5,000 for the year. Intergovernmental includes revenue sharing and federal monies. This revenue appears to be below budget because the category was amended, increasing the total in order to create spending authority (appropriations) for forfeiture monies received earlier. This allowed monies on hand to be recognized and used for the eixpansion of the Police Department. 2. Operational division expenditures to date are at or near 75%. Administration is only 26.1% of budget with open positions and economic development expenditures lagging. Finance miscellaneous expenditures categories are under budget but will increase by the end of the year as reconciled items are adjusted and as the City Band steps up rehearsals and expenditures preparing for the summer. 3. Grants are consistent with activity this year and with prior years. These expenditures are often ahead of the' monthly proration in that disbursements are made upon contract signing or when grantees incur expenses for the program and request disbursement.. Street Fund The FY 2012-13 Street Fund budget projected a $662,101 deficiency for the year when comparing revenues to expenses. At March 31 annual revenues exceed annual expenses by $1.2 million. I Page 3 of 5 This is due to advanced revenues relating to development services and project financing compared to project work lagging. Increased reserves will be carried forward for undone projects. 1. Storm Drain and Transportation utility fee revenues are below budget by 3%, in part due to no rate increase last fall. 2. Gas tax proceeds are up 3% and franchise payments are consistent with the prior year and budget. I Monies for jurisdictional exchange and grants are less than expected but consistent with projects. 3. Project financing is complete for the year with $1.19 million borrowed. 4. Operational expenditures are similar to 2012 at 70% of budget. Capital expenditures are twice the dollar amount of the prior year even though only 30% of budget. Much of the funding for these projects comes from the bonds authorized by Ordinance No. 3079 and jurisdictional exchange payments from the State. Capital Improvements Fund The FY 2012-13 CIPIFund revenues (internal charges and taxes) are in line with budget. Limited borrowing for projects has occurred but expenditures on new projects are also reduced. Expenditures for project work carried over from the prior year had reduced monies held for them causing an overall drop in reserves but still within what projected. Operating expenditures for the Facilities Maintenance Division are below 68% of budget. 1. Revenues rel eived as of the end of the third quarter are on track at 75%, and expenditures at 68% of budget because of lower costs for soil and water testing at Emigrant Lake. 2. Costs for Facilities projects are two thirds of the budget $3 million spent to date including completion of, Fire State 2 and the Police Department remodel. 3. Food and beverage tax proceeds (net of the amount used to repay Clay Street) to date for Parks projects are $248,000 as compared to the last year of $233,000 (up 6%). Budgeted financing for !Parks open spaces is $1.9 million, and $500,000 has been received for projects, ostensibly for repairing the Perozzi Fountain. Parks projects as of the end of the third quarter are $196,693 for a play structure, North Mountain Park addition, and the golf course improvements. Water Fund The Water Fund includes the Fire Department's Ashland Forest Resiliency program. The following analysis of ,the Water Fund is separated between water utility and the AFR program. Water utility revenue (Rates and SDC's) has a budget growth rate of nine percent and an actual as of the end of the third quarter of 16%. 1. Operating net income for the first nine months of this fiscal year (adjusting out the AFR program, financing, capital outlay, and interfund loans) is $1,302,059 compared to $742,755 in the prior fiscal year. This 51% improvement is,attributed to increases in charges for services-rates and SDC revenue and a reduction in debt service. 2. Water sales rel venue increased 14% for the nine months ending in March over the prior year. Units of water sold increased three percent for the same period ending in March over the prior year. I Page 4 of 5 3. Personnel services were budgeted to decrease two percent between years. Actual has increased 13.6% due to filling the vacant position. Materials and services were budgeted to increase six percent but actual has increased eight percent due to the franchise tax increasing in proportion to increased sales revenue. Debt service was budgeted to decrease 26%I, and is at a -28% for the nine months ending in March over the prior year because the 1997 GO bond was paid off in the prior year reducing debt service. Capital outlay is below budget because some projects have not been done. Water Fund -AFR Program Grant revenue for the AFR program is budgeted to be $3.6 million and is $961,421 for the first nine months of this fiscal year. Prior year anticipated revenue for AFR was $1.7 million but was $215,259 in the first nine months of the prior fiscal year. Expenditures for the AFR program is budgeted to be $3.7 million and is $1.1 million for the first nine months of this fiscal year. The prior year budget for AFR was $1.8 million but was $316,718 by March 2012. 1. AFR revenue is anticipated to increase when the logs are shipped. Year end revenue and expenditures are anticipated to be $600,000 less than budget by the end of the fiscal year according to the Forest Resources Division of the Fire Department. Electric Fund Increased sales revenue and decreased expenses for the first nine months of this year turned a budgeted operating loss into net income. 1. Electric sales) revenue increased four percent for the nine months ending in March over the prior year!for an increase of $369,126. Sales were only 3% ahead of the prior year for the first six months but are 5.5% ahead for January - March. The approved 5.3% rate increase was effective January 2013. 2. BPA conservation reimbursements increased $68,480. 3. Supply, distribution and transmission expenditures are consistent with the prior year but averaging 2%' under budget to date. 4. Capital improvements are consistent with the prior year. I ~I Page 5 of 5 Ir, City of Ashland Summary of Cash and Investments March 31, 2013 Balance Balance Change From Fund March 31, 2013 March 31, 2012 FY 2012 1 General Fund' $ 4,191,316 $ 3,728,698 $ 462,618 Community Block Grant Fund 15,283 6,274 9,009 Reserve Fund 1,018,253 1,012,447 5,806 Street Fund 4,148,877 3,064,556 1,084,321 Airport Fund 97,377 68,781 28,596 Capital Improvements Fund 2,458,576 4,945,655 (2,487,079) Debt Service Fund 1,332,746 1,253,447 79,299 Water Fund I 5,750,563 2,016,440 3,734,123 Wastewater Fund 2,963,075 3,803,167 (840,092) Electric Fund1 1,752,986 1,480,674 272,312 Telecommunications Fund 235,227 329,156 (93,929) Central Services Fund 1,147,565 893,406 254,159 Insurance Services Fund 974,462 805,831 168,631 Equipment Fund 3,288,590 2,415,972 872,618 Cemetery Trust Fund 869,638 855,487 14,151 $ 30,244,535 $ 26,679,990 $ 3,564,545 Parks & Recreation Agency Fund 3,272,998 3,464,439 (191,441) 3,272,998 3,464,439 (191,441) Total Cash Distribution $ 33,517,533 $ 30,144,429 $ 3,373,104 Manner of InvI slment General Banking Accounts $ 749,688 $ 39,595 $ 710,093 Local Government Inv. Pool 32,767,845 30,104,834 2,663,011 City Investments - - - Total Cash and Investments $ 33,517,533 $ 30,144,429 $ 3,373,104 I I Dollar Distribution Cash Balance Distribution GnralSaliu; R816~ Ckvnsd ReaeeO FUMS J WBmen%, N3VXILFu f0%% Equipn,eltFU Wt $OCh, $400000,1% irvst.$870.571, 18% S8A08,928, 18% 3% OeM ReSe.d. $2,511 963, 7% Unes5i8n W, Ego, 139.401 . 80% , Reservetl, A5se1 PoReHed, BJVness TYpe AIIONer(General OIBe$3.100,000,10% E-'0% FaNa Govemnwntl TOT Teutlsm, 32% 42 . Ma,FY13 9,..1 Regally 1 9 SI15R013 City of Ashland Statement of Revenues and Expenditures - City Wide For the ninth month ended March 31, 2013 Fiscal Year 2013 Percent Fiscal Year 2012 Fiscal Year 2012 Year-Toi Fiscal Year 2013 Collected) Year-To-Date End-of-Year Resource Summary Actuals Amended Expended Balance Actuals Actuals Revenues Taxes $ 16,032,181 $ 19,824,473 80.9% $ (3,792,292) $ 15,589,483 $ 19,388,666 Licenses and Permits 406,048 508,000 79.9% (101,952) 606,674 1,340,102 Intergovernmental Revenues 3,197,803 9,101,154 351% (5,903,351) 2,627,288 3,450,632 Charges for Services - Rate B Internal 29,581,059 38862,743 76.1% (9,281,684) 28,230,103 37,276,479 Charges for Services- Misc. Service fees 540,212 757,511 71.3% (217,299) 505,055 979,445 System Development Charges 364,287 303,000 120.2% 61,287 298,801 1,001,838 Fines and Forfeitures 118,685 155,000 76.6% (36,315) 125,846 168,305 Assessment Payments 30,410 10,000 304.1% 20,410 11,633 43,542 Interest on Investments 129,880 167,800 77.4% (37,920) 116,015 211,369 Miscellaneous Revenues 1 927,198 579,402 160.0% 347,796 494,064 1,187,120 Total Revenues 51,327,763 70,269,083 73.0% (18,941,320) 48,604,964 65,047,499 Budgetary Resources: Other Financing Sources 4,907,401 7,928,930 61.9% (3,021,529) 3,060,433 3,060,434 Intedund Loans 591,795 791,795 74.7% (200,000) 408,000 408,000 Transfers In 381,357 406,635 93.8% (25,278) 541,640 552,104 Total Budgetary Resources 5,880,553 9,127,360 64.4% (3,246,807) 4,010,073 4,020,538 Total Resources 57,208.315 79,396,443 72.1% (22,188,127) 52,615,038 69,068,038 1 Requirements by Classification Personal Services 18,317,611 26,158,408 70.0% 7,840,797 17,520,495 23,697,544 Materials and Services 23,410,374 34,483,923 67.9% 11,073,549 21,971,612 28,670,127 Debt Service 3,005,718 5,158,979 58.3% 2,153,261 2,518,471 4,576,033 Total Operating Expenditures 44,733,703 65,801,310 68.0% 21,067,607 42,010,578 56,943,704 Capital Construction Capital Outlay 7,238,915 18,702,048 38.7% 11,463,133 3,530,038 5,376,567 Intedund Loans 591,795 791,795 74.7% 200,000 408,000 408,000 Transfers Out 1 381,357 406,635 93.8% 25,278 541,640 552,104 Contingencies 1,847,804 0.0% 1,847,804 - - Total Budgetary Requirements 973,152 3,046,234 31.9% 2,073,082 949,640 960,104 Total Requirements 52,945,770 87,549,592 60.5% 34,603,822 46,490,258 63,280,375 Excess (Deficiency) of Resources over Requirements 4,262,546 (8,153,149) 152.3% 12,415,695 6,124,780 5,787,662 Working Capital Carryover 29,410,020 25,238,267 116.5% 4,171,753 23,622,352 23,622,352 Unappropriated Ending Fund Balance S 33,672,566 $ 11,085,118 197.1% $ 16,587,448 $ 29,747,133 $ 29,410,020 Y Ys emnud Pgnly ,wn 2 City of Ashland Schedule of Budgetary Compliance Per Resolution #2012-15 As Amended Per Resolutions 2012-28, 2012-33 and 2012-40 For the ninth month ended March 31, 2013 i Fiscal Year 2013 Year-To-Date Fiscal Year 2013 Percent Actuals Amended Used Balance General Fund Administration $ 235,156 $ 374,366 62.8% $ 139,210 Administration-Library 282,570 388,022 72.8% 105,452 Administration - Municipal Court 326,770 424,827 76.9% 98,057 Administrative Services - Social Services Grants 123,385 125,125 98.6% 1,740 Administrative Services - Economic & Cultural Grants 521,424 678,360 76.9% 156,936 Administrative Services- Miscellaneous 34,503 47,000 73.4% 12,497 Administrative Services- Band 40,629 58,500 69.5% 17,871 Police Department i 4,442,603 6,068,066 73.2% 1,625,463 Fire and Rescue Department 4,383,405 5,942,575 73.8% 1,559,170 Public Works - Cemetery Division 207,042 341,793 60.6% 134,751 Community Development- Planning Division 856,653 1,259,536 68.0% 402,883 Community Development- Building Division 483,922 662,743 73.0% 178,821 Transfers 500 500 100.0% - Contingency 354,804 0.0% 354,804 Total General Fund 11,938,562 16,726,217 71.4% 4,787,655 I Community Development Block Grant Fund Personal Services 20,897 32,500 64.3% 11,603 Materials and Services 38,808 173,435 22.4% 134,627 Total Community Development Grant Fund 59,705 205,935 29.0% 146,230 Street Fund Public Works - Street Operations 2,419,362 5,943,110 40.7% 3,523,748 Public Works- Storm Water, Operations 539,598 808,260 66.8% 268,662 Public Works - Transportation SDC's 64,003 275,911 23.2% 211,908 Public Works - Storm Water SDC's 156,124 198,750 78.6% 42,626 Debt - 50,000 0.0% 50,000 Contingency 100,000 0.0% 100,000 Total Street Fund 3,179,087 7,376,031 43.1% 4,196,944 Airport Fund Materials and Services 61,898 83,950 73.7% 22,052 Debt Service 19,268 38,536 50.0% 19,268 Contingency 5,000 0.0% 5,000 Total Airport Fund 81,166 127,486 63.7% 46,320 0. Ma, M3 Finarcial Rayon du 3 5115801) Schedule of Budgetary Compliance Per Resolution #2012-15 As Amended Per Resolutions 2012-28, 2012-33 and 2012-40 For the ninth month ended March 31, 2013 i I Fiscal Year 2013 Year-To-Date Fiscal Year 2013 Percent Actuals Amended Used Balance Capital Improvements Fund PublicWorks - Facilities ( 3,490,618 5,159,230 67.7% 1,668,612 Administrative Services- Open Space (Parks) 196,693 1,892,000 10.4% 1,695,307 Transfers 27,164 36,135 75.2% 8,971 Other Financing Uses (Intedund Loan) 208,000 208,000 100.0% - Contingency - 22,000 0.0% 22,000 Total Capital Improvements Fund 3,922,475 7,317,365 53.6% 3,394,890 Debt Se I rvice Fund Debt Service 2,257,767 2,855,241 79.1% 597,474 Total Debt Service Fund 2,313,443 2,855,241 81.0% 541,798 Water Fund Elechic - Conservation 103,678 195,070 53.1% 91,392 Public Works - Forest Lands Management Division 1,095,407 3,737,989 29.3% 2,642,582 Public Works - Water Supply 180,812 413,355 43.7% 232,543 PublicWorks - Water Treatment 767,865 1,345,025 57.1% 577,160 PublicWorks - Water Division 1,785,825 2,631,189 67.9% 845,364 Public Works - Improvement SDC's 30,092 330,250 9.1% 300,158 Public Works - Debt SDC's 112,980 123,193 91.7% 10,214 Debt Service 338,796 399,943 84.7% 61,147 Other Financing Uses (Interfund Loan) - 200,000 0.0% 200,000 Contingency - 300,000 0.0% 300,000 Total Water Fund 4,415,455 9,676,014 45.6% 5,260,559 I Wastewater Fund PublicWorks - Wastewater Collection 1,611,961 2,630,514 61.3% 1,018,553 PublicWorks - Wastewater Treatment 2,285,863 3,363,515 68.0% 1,077,652 Public Works - Reimbursements SDC's - 7,500 0.0% 7,500 Public Works- Improvements SDC's 110,849 380,506 29.1% 269,657 Debt Service 239,550 1,667,772 14.4% 1,428,222 Contingency - 160,000 0.0% 160,000 Total Wastewater Fund 4,248,223 8,209,807 51.7% 3,961,584 1 Electric Fund Electric - Conservation Division 338,678 547,380 61.9% 208,702 Electric - Supply 1 4,692,399 7,736,300 60.7% 3,043,901 Electric - Distribution 4,493,282 6,402,580 70.2% 1,909,298 Electric - Transmission 673,690 971,773 69.3% 298,083 Debt Service 23,071 24,294 95.0% 1,223 Contingency - 425,000 0.0% 425,000 Total Electric Fund 10,221,120 16,107,327 63.5% 5,886,207 9. Mt FY13 H..dSl Rep ,Iu 4 y1 2013 Schedule of Budgetary Compliance Per Resolution #2012-15 As Amended Per Resolutions 2012-28, 2012-33 and 2012-40 For the ninth month ended March 31, 2013 Fiscal Year 2013 Year-To-Date Fiscal Year 2013 Percent Actuals Amended Used Balance Telecommulnications Fund IT - Internet Personal Services 425,960 629,045 67.7% 203,085 IT - Internet Materials & Services 630,688 887,817 71.0% 257,129 IT - Internet Capital Outlay I 27,772 100,000 27.8% 72,228 Debt - To Debt Service Fund " 409,000 409,000 100.0% - Contingency - 100,000 0.0% 100,000 Total - Telecommunications Fund 1,493,420 2,125,862 70.3% 632,442 Note. In Internet appropriation CenVal Services Fund Administration Department I 980,429 1,505,343 65.1% 524,914 IT- Computer Services Division 646,765 1,158,973 55.8% 512,208 Administrative Services Department 1,406,258 1,902,779 73.9% 496,521 City Recorder 227,820 324,681 70.2% 96,861 Public Works- Administration and Engineering 1,083,037 1,614,715 67.1% 531,678 Intefund Loan 1 364,795 364,795 100.0% - Contingency 150,000 0.0% 150,000 Total Central Services Fund 4,709,104 7,021,286 67.161. 2,312,182 Insurance Services Fund Personal Services 58,024 83,130 69.8% 25,106 Materials and Services 556,392 676,500 82.2% 120,108 Contingency - 150,000 0.0% 150,000 Total Insurance Services Fund 614,416 909,630 67.5% 295,214 Equip ent Fund Public Works- Maintenance 752,882 993,965 75.7% 241,083 Public Works - Purchasing and Acquisition 185,876 1,150,616 16.2% 964,740 Inledund Loan 19,000 19,000 100.0% - Contingency - 31,000 0.0% 31,000 Total Equipment Fund 957,758 2,194,581 43.6% 1,236,823 Cemetery Trust Fund Transfers 3,693 20,000 18.5% 16,307 Total Cemetery Trust Fund 3,693 20,000 18.5% 16,307 9. Mar M3 F,,aW lRq ftR[. V5013 5 Schedule of Budgetary Compliance Per Resolution #2012-15 As Amended Per Resolutions 2012-28, 2012-33 and 2012-40 For the ninth month ended March 31, 2013 Fiscal Year 2013 Year-To-Date Fiscal Year 2013 Percent Actuals Amended Used Balance Parks and Recreation Fund Parks Division 2,819,566 3,956,910 71.3% 1,137,344 Recreation Division 837,023 1,239,780 67.5% 402,757 Golf Division 312,304 485,120 64.4% 172,816 Transfers 350,000 350,000 100.0% - Contingency - 50,000 0.0% 50,000 Total Parks and Recreation Fund 4,318,893 6,081,810 71.0% 1,762,917 Youth Activities Levy Fund Materials and Services - - Total Youth Activities Levy Fund - - - Parks Capital II provement Fund Materials and Services 20,846 - N/A (20,846) Capital Outlay 448,407 595,000 75.4% 146,593 Total Parks Capital Improvement Fund 469,253 595,000 78.9% 125,747 Total Appropriations $ 52,945,770 $ 87,549,592 60.5% $ 34,603,822 I i 9. Ma M3 Fe RWa 6 91M3 i I I City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance March 31, 2013 I Fiscal Year 2013 Percent Fiscal Year 2012 Fiscal Year 2012 Year-TO-Date Fiscal Year 2013 Collected) Year-To-Dale End-of-Year Actuals Amended Expended Balance Acluals Acluals 110 Generl Fund Taxes $ 9,714,377 $ 12,232,260 79,4% $ (2,517,883) $ 9,330,546 $ 11,794,200 Licenses and Permits 406,048 508,000 79.9% (101,952) 606,674 1,340,102 Intergovernmental 443,448 930,103 47,7% (486,655) 510,246 608,483 Charges for Services 1,396,901 1,737,775 60.4% (340,874) 1,107,384 1,488,570 Fines 118,685 155,000 76,6% (36,315) 125,846 168,305 Interest on Investments) 17,152 20,000 85.8% (2,848) 13,338 25,170 Miscellaneous 52,760 62,600 84.3% (9,840) 193,359 218,879 Transfer In (Cemetery Fund) 3,693 20,000 18.5% (16,307) 3,568 4,805 Total Revenues and Other Sources 12,153,064 15,665,738 77.6% (3,512,674) 11,890,961 15,648,514 Administration i 235,156 374,366 62.8% 139,210 67,506 90,544 Administration - Library 1 282,570 388,022 72.8% 105,452 274,339 365,786 Administration - Municipal Court 326,770 424,827 76.9% 98,057 326,212 430,507 Finance- Social Services Grants 123,385 125,125 98.6% 1,740 118,865 121,004 Finance - Economic& Cultural Grants 521,424 678,360 76.9% 156,936 501,503 602,293 Finance -Miscellaneous 34,503 47,000 73.4% 12,497 48,358 70,988 Finance - Band 40,629 58,500 69.5% 17,871 36,456 51,357 Police Department 4,442,603 6,068,066 73.2% 1,625,463 4,141,679 5,645,100 Fire and Rescue Department 4,383,405 5,942,575 73.8% 1,559,170 4,141,142 5,444,097 Public Works- Cemetery Division 207,042 341,793 60.6% 134,751 239,726 337,724 Community Development- Planning Division 856,653 1,259,536 68.0% 402,883 841,013 1,172,050 Community Development- Building Division 483,922 662,743 73.0% 178,821 464,196 609,301 Transfers (Cemetery) ( 500 500 100,0% - 150,500 150,500 Contingency - 354,804 0.0% 354,804 - - Total Expenditures and Other Uses 11,938,562 16,726,217 71.4% 4,787,655 11,351,495 15,091,251 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses 214,502 (1,060,479) 120.2% 1,274,981 539,466 557,263 Fund Balance, Jul 1, 2012 3,495,819 2,624,349 133.2% 871,470 2,938,556 2,938,556 Fund Balance, Mar 31, 2013 $ 3.710,321 $ 1,563,870 237.3% $ 2,146,451 $ 3,478,022 $ 3,495,819 Reconciliation of Fund Balance: Restricted and Committed Funds 491,392 Unassigned Fund Balance $ 3,218,929 a u.mrre.u amrm 7 smm~ City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance March 31, 2013 Fiscal Year 2013 Percent Fiscal Year 2012 Fiscal Year 2012 Year-To-Date Fiscal Year 2013 Collected) Year-To-Date End-of-Year Acluals Amended Expended Balance Acluals Actuals 250 Community Development Block Funtl Intergovernmental $ 38,721 $ 171,511 22.6% $ (132,790) $ 152,759 $ 203,945 Total Revenues and Other Sources 38,721 171,511 22.6% (132,790) 152,759 203,945 Personal Services 20,897 32,500 64.3% 11,603 30,451 37,251 Materials and Services 38,608 173,435 22.4% 134,627 153,045 167,320 Total Expenditures and Other Uses 59,705 205,935 29.0% 146,230 183,496 204,571 Fxcess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses (20,984) (34,424) 61.0% 13,440 (30,737) (626) Fund Balance, Jul 1, 2012 33,798 34,424 98.2% (626) 34,424 34,424 Fund Balance I, Mar 31, 2013 $ 12,814 $ NIA $ 12.814 $ 3.687 $ 33.798 Reconciliation of Fund Balance: Restricted and Committed Funds 12,814 Unassigned Fund Balance $ i I v u.ttnnwvxm 8 sarnn City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance March 31, 2017 Fiscal Year 2013 Percent Fiscal Year 2012 Fiscal Year 2012 Year-To-Dale Fiscal Year 2013 Collected) Year-TO-Date End-of-Year Acluals Amended Expended Balance Actuals Acluals 255 Rese le Fund Interest on Investments! $ 4,344 $ 6,000 72.4% $ (1,656) $ 3,766 $ 5,408 Transfer in (General Fund) - - NIA - 150,000 150,000 Transfer In (Parks General Fund) NIA 349.000 349,000 Total Revenues and Other Sources 4,344 6,000 72.4% - 502,766 504,408 Total Expenditure s and Other Uses NIA Excess(Deficiency) Of Revenues and Other Sources over Expenditures and Other Uses 4,344 6,000 72,4% (1,656) 502,766 504,408 Fund Balance Jul 1, 2012 1,013,910 1,012,502 100.1% 1,408 509,502 509,502 Fund Balance, Mar 31, 2013 $ 1,018,254 $ 1,018,502 100.0% $ (248) $ 1,012268 $ 1 013,910 1 Reconciliation of Fund Balance: Restricted and Committed Funds 1,018254 Unassigned Fund Balance $ (0) rwrvn ni.rw aw`m 9 vovaan I City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance March 31, 2013 Fiscal Year 2013 Percent Fiscal Year 2012 Fiscal Year 2012 Year-TO-Date Fiscal Year 2013 Collected) Year-To-Date End-of-Year Acluals Amended Expended Balance Actuals Acluals 260 t Fund Taxes $ 27,409 $ 50,000 54.8% $ (22,591) $ 26,288 $ 53,314 Intergovernmental 1,453,238 3,312,707 43.9% (1,859,469) 1,694,584 1,966,707 Charges for Services - Rates 1,425,536 1,983,000 71.9% (557,464) 1,415,355 1,896,310 Charges for Services- Misc. Service Fees 17,396 16,000 108.7% 1,396 12,934 17,719 System Development Charges 88,383 65,000 136.0% 23,383 89,096 381,738 Assessments 30,410 10,000 304.1% 20,410 11,633 43,542 Interest on Investments 10,793 12,000 89.9% (1,207) 10,230 20,908 Miscellaneous 111,662 55,000 203.0% 56,662 340 13,376 Other Financing Sources 1,189,603 1,210,223 98.3% (20,620) Total Revenues and other sources 4,354,431 6,713,930 64.9% (2,359,499) 3,260,460 4,393,614 Public Works - Street lerations 2,419,362 5,943,110 403% 3,523,748 1,969,293 2,788,840 Public Works- Storm Water Operations 539,598 808,260 66.8% 268,662 405,963 552,940 Public Works- Transportation SDC'S 64,003 275,911 23.2% 211,908 106,432 119,923 Public Works- Storm Water SDC's 156,124 198,750 78.6% 42,626 15,558 17,602 Public Works- Local Improvement Districts - - N/A - 744 107,317 Debt Service I - 50,000 0.0% 50,000 - - Contingency 100000 0.0% 100,000 Total Expenditures and Other Uses 3,179,087 7,376,031 43.1% 4,196,944 2,497,990 3,586,622 Excess(Deficiency) of Revenues and Other Sources over Fxpendiiares and other uses 1,175,344 (662,101) 27T5% 1,837,445 762,470 806,992 Fund Balance, Jul 1, 2012 3,043,292 2,332,094 130.5% 711,198 2,236,300 2,236,300 Fund Balance, Mar 31, 2013 $ 4,218,636 $ 1,669,993 252,6% $ 2,548,643 $ 2,998,770 $ 3,043,292 Reconciliation of Fund Balance: Restricted and Committed Funds 3,735,759 Unassigned Fund Balance $ 482,877 i WfYI]FlnMtl PwvYb, YISR%l 10 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance March 31, 2013 Fiscal Year 2013 Percent Fiscal Year 2012 Fiscal Year 2012 Year-To-Date Fiscal Year 2013 CollectedI Year-To-Dale End-of-Year Actuals Amended Expended Balance Actuals Actuals 280 Airport Fund Charges for Services - Rates $ 89,123 $ 130,000 68.6% $ (40,877) $ 78,823 $ 112,506 Interest on lnvestmentsl 436 300 145.2% 136 257 392 Intefund Loan I 19,000 19,000 100.0% - - - Total Revenues and Other Sources 108,559 149,300 72.7% (40,741) 79,080 112,898 Materials and Services I 61,898 83,950 73.7% 22,052 38,757 50,734 Debt Service 19,268 38,536 50.0% 19,268 19,268 38,536 Contingency - 5,000 0.0% 5,000 - - Total Expenditures and Other Uses 81,166 127,486 63.7% 46,320 58,025 89,270 1 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses 27,393 21,814 125,6% 5,579 21,055 23,628 Fund Balance, Jul 1, 2012 83,711 77,462 108,1% 6,249 60,083 60,083 Fund Balance, Mar 31, 2013 $ 111,104 $ 99,276 111.9% $ 11,828 $ 81,138 $ 83,711 No ncilia0on of Fund Balance: Restricted and Committed Funds 111,104 Unassigned Fund Balance $ 0 on.1o ] ~mictl PFUttln 111801] 11 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance March 31, 2013 Fiscal Year 2013 Percent Fiscal Year 2012 Fiscal Year 1012 Year-TO-Dale Fiscal Year 2013 Collected) Year-To-Dale End-of-Year Actuals Amended Expended Balance Actuals Actuals 410 Capital Improvements Fund Taxes I $ 247,522 $ 443,000 55.9% $ (195,478) $ 233,346 $ 426,757 Intergovernmental I 86,194 490,000 17.6% (403,806) 33,069 99,591 Charges for Seri - ILmal 696,470 930,000 74.9% (233,530) 696,470 928,627 Charges for Services- Misc. Service Fees 38,522 50,000 77.0% (11,478) 36,504 42,456 System Development Charges 31,911 22,000 145.0% 9,911 18.106 46,490 Interest on Investments 15,062 12,000 125.5% 3,062 12,800 23,917 Miscellaneous 2,352 1,000 235.2% 1,352 1,301 1,301 Other Financing Sources 506,005 1,892,000 26.7% (1,385,995) 3,060,434 3,060,434 Total Revenues and other sources 1,624,038 3,840,000 42.3% (2,215,962) 4,092,029 4,629,573 Public Works - Facilities) 3,490,618 5,159,230 67.7% 1,668,612 870,698 1,725,510 Administrative Services- Open Space (Parks) 196,693 1,892,000 10.4% 1,695,307 232,879 331,639 Transfers (Debt Service Fund) 27,164 36,135 75.2% 8,971 38,572 47,800 Intedund Loan (Equipment Fund) 208,000 208,000 100.0% - 208,000 208,000 Contingency - 22,000 0.0% 22,000 - - Total Expenditures and Other Uses 3,922,475 7,317,365 53.6% 3,372,890 1,350,149 2,312,949 1 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses (2,298,437) (3,477,365) 33.9% 1,178,928 2,741,881 2,316,624 Fund Balance, Jul 1, 2012 4,449,285 4,023,003 110.6% 426,282 2,132,661 2,132,661 Fund Balance , Mar 31, 2013 $ 2,150,848 $ 545,638 394.2% $ 1,605,210 $ 4,874,542 $ 4,449,285 Reconciliation of Fund Balance: Restricted and Committed Funds 1,693,080 Unassigned Fund Balance $ 457,768 I 4 A,FYFFm Rry A, 12 Mon, City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance March 31, 2013 Fiscal Year 2013 Percent Fiscal Year 2012 Fiscal Year 2012 Year-To-Date Fiscal Year 2013 Collectedl Year-To-Dale End-of-Year Actuals Amended Expended Balance Actuals Actuals 530 Debt Services Taxes $ 817,112 $ 852,163 95.9% $ (35,051) $ 937,725 $ 995,950 Intergovernmental - 280,397 0.0% (280,397) - - ChargesforServices - Internal 967,975 1,153,878 83.9% (185,903) 967,975 1,154,300 Charges for Services- Misc. Service Fees 55,544 74,511 74.5% (18,967) 55,196 74,512 Interest on Investments 3,127 2,100 148.9% 1,027 2,425 5,847 Miscellaneous 309,698 29,302 1056.9% 280,396 29,302 29,302 Intedundloan 364,795 364,795 100.0% - - - Transfer In (CIP) 27,164 36,135 75.2% (8,971) 38,572 47,800 Other Financing Sources 71,851 NIA 71,851 - - Total Revenues and Other Sources 2,617,266 2,793,281 93.7% (176,015) 2,031,195 2,307,711 Debt Service 2,257,767 2,855,241 79.1% 597,474 1,579,362 2,134,309 Total Expenditures and Other Uses 2,313,443 2,855,241 81.0% 541,798 1,579,362 2,134,309 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other uses 303,823 (61,960) 590.4% 365,783 451,633 173,402 Fund Balance, Jul 1, 2012 982,650 1,011,586 97.1% (28,936) 809,248 809,248 Fund Balancer, Mar 31, 2013 $ 1,286,473 $ 949,626 135.5% $ 336,847 $ 1,261,081 $ 982,650 1 Reconciliation of Fund Balance: Restricted and Committed Funds 1,286,473 Unassigned Fund Balance $ I I I I r u. rrn ra~sa~m 13 vis-mn I City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance March 31, 2013 Fiscal Year 2013 Percent Fiscal Year 2012 Fiscal Year 2012 Year-TO-Date Fiscal Year 2013 Collected) Year-TO-Dale Endot-Year Acluals Amended Expended Balance Actuals Acluals 670 Water Fund Taxes $ 24 $ 50 48.7% $ (26) $ 48 $ 52 Intergovernmental 961,421 3,600,000 26.7% (2,638,579) 215,259 336,811 Charges for Services - Rates 4,155,644 5,147,000 80.7% (991,356) 3,655,799 4,772,573 Charges for Services- Misc. Service Fees 37,430 22,000 170.1% 15,430 59,845 118,659 System Development Charges 180,775 150,000 120.5% 30,775 142,687 491,612 Interest on Investments) 12,311 10,000 123.1% 2,311 8,582 16,598 Miscellaneous 98,834 25,000 395.3% 73,834 6,603 9,318 Other Financing Sources 2,547,791 1,117,050 228.1% 1,430,741 - Total Revenues and Other Sources 7,994,232 10,071,100 79.4% (2,076,868) 4,088,823 5,745,623 Electric -Conservation1 103,678 195,070 53.1% 91,392 113,864 145,716 Public Works-Forest Lands Management 1,095,407 3,737,989 29.3% 2,642,582 316,718 485,728 Public Works - Water Supply 180,812 413,355 43.7% 232,543 300,652 414,463 Public Works - Water Treatment 767,865 1,345,025 57.1% 577,160 694,698 980,798 Public Works- Water Operations 1,785,825 2,631,189 67.9% 845,364 1,610,816 2,196,075 Public Works- Reimbursement SDC's - - NIA 53,800 96,007 Public Works- Improvement SDC's 30,092 330,250 9.1% 300,158 38,141 45,273 Public Works- Debt Service SDC's 112,980 123,193 91.7% 10,214 113,129 124,860 Debt Service 1 338,796 399,943 84.7% 61,147 518,269 560,197 Other Financing Uses (Intedund Loan) - 200,000 0.0% 200,000 200,000 200,000 Contingency - 300,000 0.0% 300,000 - - Total Expendituresand Other Uses 4,415,455 9,676,014 45.6% 5,260,559 3,960,087 5,249,117 1 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses 3,578,777 395,086 905.8% 3,183,691 128,736 496,506 Fund Balance, Jull,2012 2,708,907 1,887,958 143.5% 820,949 2,212,401 2,212,401 Fund Balance, Mar 31, 2013 $ 6.287,684 $ 2,283,044 275.4% $ 4,004,640 $ 2,341,137 $ 2,708,907 Reconcilia0on of Fund Balance: Restricted and Commilted Funds 4.819,629 Unassigned Fund Balance $ 1,468,055 0 WFY13 Fir R, , 515!013 14 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance March 31, 2013 Fiscal Year 2013 Percent Fiscal Year 2012 Fiscal Year 2012 Year-To-Date Fiscal Year 2013 Collected Year-TO-Date End-of-Year Actuals Amended Expended Balance Actuals Actuate 675 Wastewater Fund Taxes $ 990,089 $ 1,735,000 57.1% $ (744,911) $ 933,385 $ 1,707,027 Charges for Services - Rates 2,956,514 3,935,000 75.1% (978,486) 2,694,451 3,586,913 Charges for Services- Misc. Service Fees 13,250 12,000 110.4% 1,250 14,987 14,987 System Development Charges 63,218 66,000 95.8% (2,782) 48,912 81,998 Interest on Investments 11,386 20,000 56.9% (8,614) 13,681 25,333 Miscellaneous I 5,094 3,000 169.8% 2,094 2,145 2,145 Other Financing Sources 592,151 2,309,657 25.6% (1,717,506) - Total Revenues and Other Sources 4,631,700 8,080,657 57.3% (3,448,957) 3,707,561 5,418,403 Public Works- Wastewater Collection 1,611,961 2,630,514 61.3% 1,018,553 1,251,097 1,683,265 Public Works- Wastewater Treatment 2,285,863 3,363,515 68.0% 1,077,652 1,823,324 2,353,373 Public Works- Reimbursements SDC's - 7,500 0.0% 7,500 1,273 1,471 Public Works - Improvements SDC's 110,849 380,506 29.1% 269,657 159,396 193,724 Debt Service 239,550 1,667,772 14.4% 1,428,222 250,950 1.641,874 Contingency - 160,000 0.0% 160,000 - - Total Expenditure sand Other Uses 4,248,223 8,209,807 51.7% 3,961,584 3,486,040 5,873,707 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses 383,477 (129,150) 396.9% 512,627 221,521 (455,304) Fund Balancle, Jul 1, 2012 2,794,809 2,365,009 118.2% 429,800 3,250,113 3,250,113 Fund Balance, Mar 31, 2013 $ 3,178,286 $ 2,235,859 142.2% $ 942,427 $ 3,471,633 $ 2,794,809 I Reconciliahon of Fund Balance: Restricted and Committed Funds 2,792,163 Unassigned Fund Balance $ 386,123 >u.rvnrwwxw~m I 15 mvmn City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance March 31, 2017 Fiscal Year 2013 Percent Fiscal Year 2012 Fiscal Year 2012 Year-To-Date Fiscal Year 2013 Collected) Year-Tc-Date End-of-Year Acluals Amended Expended Balance Actuals Actuals 690 Electric Fund Intergovernmental 1 $ 89,852 $ 200,000 44.9% $ (110,148) $ 21,372 $ 125,153 Charges for Services - Rates 9,740,339 13,109,040 74.3% (3,368,701) 9,371,213 12,305,176 Charges for Services- Misc. Service Fees 207,445 210,000 98.8% (2,555) 139,273 222,804 Interest on Investments 8,209 15,000 54.7% (6,791) 7,439 11,957 Miscellaneous 207,819 180,000 115.5% 27,819 152,646 534,471 Other Financing Source s 1,400,000 0.0% (1,400,000) - - Total Revenues endOther Sources 10,253,663 15,114,040 67.8% (4,860,377) 9,691,943 13,199,561 ElecMc - Conservation Division 338,678 547,380 61.9% 208,702 423,932 526,708 Electric - Supply 4,692,399 7,736,300 60.7% 3,D43,901 4,687,836 5,934,651 Electric - Distribution 4,493,282 6,402,580 70.2% 1,909,298 4,457,001 5,919,450 Electric -Transmission 673,690 971,773 69.3% 298,083 675,282 852,382 Debt Service 23,071 24,294 95.0% 1,223 23,207 24,554 Contingency - 425,000 0.0% 425,000 Total Expenditures and Other Uses 10,221,120 16,107,327 63.5% 5,886,207 10,267,258 13,257,755 1 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses 32,544 (993,287) 103.3% 1,025,831 (575,315) (58,194) Fund Balance, Jul 1, 2012 2,418,100 2,070,401 116.8% 347,699 2,476294 2,476,294 Fund Balance, Mar 31, 2013 $ 2,450,644 $ 1,077,114 227.5% $ 1,373,530 $ 1,900,979 $ 2,418,100 Reconciliation of Fund Balance: Restricted and Committed Funds Unassigned Fund Balance $ 2,450,644 I eu.wn n..MU women. 16 mmmo City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance March 31, 2013 I Fiscal Year 2013 Percent Fiscal Year 2012 Fiscal Year 2012 Year-To-Date Fiscal Year 2013 Collected) Year-TO-Date End-of-Year Actuals Amended Expended Balance Actuals Actuals 691 Telecommunications Fund Charges for Services - Rates $ 1,378321 $ 1,832,582 75.2% $ (454,261) $ 1,505,008 $ 1,931,126 Interest on Investments 1,345 2,500 53.8% (1,155) 1,225 3,304 Miscellaneous 13,092 5,000 261.8% 8,092 1 1 Total Revenues and Other Sources 1,392,758 1,840,082 75.7% (447,324) 1,506,234 1,934,431 Personal Services 425,960 629,045 67.7% 203,085 442,968 593,180 Materials & Services 630,688 887,817 71.0% 257,129 615,193 809,682 Capital Outlay 27,772 100,000 27.8% 72,228 43,535 53,542 Debt- Transfer to Debt Service Fund 409,000 409,000 100.0% - 409,000 409,000 Contingency - IM000 0.0% 100,000 - Total Expendtums and Other Uses 1,493,420 2,125,862 70.3% 632,442 1,510,696 1,865,404 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses (100,662) (285,780) 35.2% 185,118 (4,462) 69,027 Fund Balance , Jul 1, 2012 586,943 439,778 133.5% 147,165 517,916 517,916 Fund Balance, Mar 31, 2013 $ 486,281 $ 153,998 315.8% $ 332,283 $ 513,454 $ 586,943 i Reconciliation of Fund Balance: Restricted and Committed Funds Unassigned Fund Balance $ 486,281 orrvn r..m n.vxm. msrzon 17 City of Ashland j Statement of Resources, Requirements, and Changes in Fund Balance March 31, 2013 Fiscal Year 2013 Percent Fiscal Year 2012 Fiscal Year 2012 Year-To-Date Fiscal Year 2013 Collected) Year-To-Date End-of-Year Actuals Amended Expended Balance Acluals Actuals 710 Central Service Fund Taxes $ 36,402 $ 59,000 61.7% $ (22,598) $ 38,425 8 61,629 Intergovernmental - 2,820 0.0% (2,820) - - ChargesforServices - Internal 4,311,600 5,613,200 76.8% (1,301,600) 4,209,600 5,612,800 Charges for Services- Misc. Service Fees 114,436 298,000 38.4% (183,564) 108,035 403,772 Interest on Investments 7,862 5,000 157.2% 2,862 3,505 6,141 Miscellaneous 81,275 110,000 73.9% (28,725) 81,105 118,885 Total Revenues and Other Sources 4,551,575 6,088,020 74.8% (1,536,445) 4,440,670 6,203,227 Administration Department 980,429 1,505,343 65.1% 524,914 912,927 1,215,501 IT- Computer Serdces Divil 646,765 1,158,973 55.8% 512,208 843,240 1,087,264 Administrative ServicesDeparlment 1,406,258 1,902,779 73.9% 496,521 1,304,251 1,702,733 City Recorder Division 227,820 324,681 70.2% 96,861 236,232 319,864 Public Works- Administration and Engineering 1,083,037 1,614,715 67.1% 531,678 1,039,809 1,385,000 Intefund Loan 364,795 364,795 100,0% - - - Contingency - 150,000 0.0% 150,000 - - Total Expencturesand Other Uses 4,709,104 7,021,286 67.1% 2,312,182 4,336,459 5,710,362 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses (157,529) (933,266) 83.1% 775,737 104,211 492,865 Fund Balance, Jull,2012 984,411 965,774 101.9% 18,637 491,546 491,546 Fund Balance), Mar 31, 2013 $ 826,882 $ 32,508 2543.6% $ 794,374 $ 595,757 $ 984,411 Reconciliation of Fund Balance: Restricted and Committed Funds Unassigned Fund Balarice $ 826,882 r rvn n,.d x.rxm. vivrov ) 18 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance March 31, 2013 Fiscal Year 2013 Percent Fiscal Year 2012 Fiscal Year 2012 Year-TO-Dale Fiscal Year 2013 CollectedI Year-TO-Dale End-of-Year Actuals Amended Expended Balance Acluals Acluals 720 Insurance Service Fund Charges for Services - Internal $ 553,340 $ 734,705 75.3% $ (181,365) $ 547,191 $ 729,545 Interest on Investments 3,805 5,000 761% (1,195) 3,340 6,646 Miscellaneous 53 30,000 0.2% (29,947) 8,210 194,645 Total Revenues and Other Sources 557,198 769,705 72.4% (212,507) 558,741 930,836 Personal Services 58,024 83,130 69.8% 25,106 60,069 81,616 Materials and Services 556,392 676,500 82.2% 120,108 553,310 693,611 Contingency - 150,000 0.0% 150,000 Total Expenditures and Other Uses 614,416 909,630 67.5% 295,214 613,379 775,227 Excess(Oefx:iency) of Revenues and Other Sources over Expenditures and Other Uses (57,218) (139,925) 40.9% 82,707 (54,638) 155,609 Fund Balance, Jul 1, 2012 761,552 617,493 123.3% 144,059 605,943 605,943 Fund Balance! Mar 31, 2013 $ 704,334 $ 477,568 147.5% $ 226,766 $ 551,305 $ 761,552 Reconciliation of Fund Balance: Restricted and Commided Funds 400,000 Unassigned Fund Balance $ 304,334 B MsfYUFw~y PgoYbenmon 19 City of Ashland ,Statement of Resources, Requirements, and Changes in Fund Balance March 31, 2013 Fiscal Year 2013 Percent Fiscal Year 2012 Fiscal Year 2012 Year-To-Date Fiscal Year 2013 Collected/ Year-To-Dale End-uf-Year Actuals Amended Expended Balance Actuals Actuals 730 Equipment Fund Intergovernmental I $ 124,928 $ 113,616 110.0% $ 11,312 $ - $ 76,825 Charges for Services - Internal 1,321,172 1,698,563 77.8% (377,391) 1,321,172 1,761,563 Charges for Services- Misc. Service Fees 56,189 75,000 74.9% (18,811) 78,281 84,536 Interest on Investments 18,046 25,000 72.2% (6,954) 20,745 33,140 Miscellaneous 265 55,000 0.5% (54,735) 2,374 29,149 Other Financing Sources 208,000 408,000 51.0% (200,000) 408,000 408,000 Total Revenues and Other Sources 1,728,601 2,375,179 72.8% (646,578) 1,830,572 2,393,213 Public Works - Maintenance 752,882 993,965 75.7% 241,083 723,133 972,839 Public Works- Purchasing and Acquisition 185,876 1,150,616 16.2% 964,740 563,702 799,438 Interfund Loan 19,000 19,000 100.0% - - - Contingency - 31,000 0.0% 31,000 - - Total Expendfuresand Other Uses 957,758 2,194,581 43.6% 1,236,823 1,286,835 1,772,277 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses 770,844 180,598 426.8% 590,246 543,737 620,936 Fund Balance, Jul 1, 2012 2,479,905 2,372,415 104.5% 107,490 1,858,969 1,858,969 Fund Balance! Mar 31, 2013 $ 3,250,749 $ 2,553,013 1273% $ 697,736 $ 2,402,706 $ 2,479,905 1 Reconciliation of Fund Balance: Restricted and Committed Funds Unassigned Fund Balance $ 3,250,749 I I v u.rrnr..m n,oovm 20 smm~ I I I City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance March 31, 2013 Fiscal Year 2013 Percent Fiscal Year 2012 Fiscal Year 2012 Year-TO-Dale Fiscal Year 2013 Collected) Year-To-Date Eni Acluals Amended Expended Balance Acluals Acluals 810 Cemetery Fund Charges for Services $ 8,830 $ 25,000 35.3% $ (16,170) $ 24,574 $ 28,035 Interest on Investments 3,693 20,000 18.5% (16,307) 2,806 5,911 Transfer(General Fund) 500 500 100.0% - 500 500 Total Revenues and Other Sources 13,023 45,500 28.6% (32,477) 27,880 34,446 1 Transfers 3,693 20,000 18.5% 16,307 3,568 4,805 Total Expenditures and Other Uses 3,693 20,000 18.5% 16,307 3,568 4,805 Excass(Defic ency) of Revenues and Other Sources over Expenditures and Other Uses 9,330 25,500 36.6% (16,170) 24,312 29,641 Fund Balance, Jul 1, 2012 861,244 867,103 99.3% (5,859) 831,603 831,603 Fund Balance! Mar 31, 2013 $ 870,574 $ 892,603 97.5% $ (22,029) $ 855,914 $ 861,244 Reconciliation of Fund Balance: Restricted and Commided Funds 870,574 Unassigned Fund Balance $ 0 r u.rxor..dnw~m. mmn 21 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance March 31, 2013 i I Fiscal Year 2013 Percent Fiscal Year 2012 Fiscal Year 2012 Year-TO-Date Fiscal Year 2013 CollectedI Year-To-Dale End-of-Year Acluals Amended Expended Balance Acluals Acluals 211 Parks and Recreation Fund Taxes $ 4,197,680 $ 4,445,000 94.4% $ (247,320) $ 4,078,732 $ 4,339,310 Intergovernmental I - - NIA - - 33,117 Charges for Services 579,293 805,000 72.0% (225,707) 635,088 899,765 Interest on Investments 10,787 11,000 98.1% (213) 10,040 18,329 Miscellaneous 44,294 23,500 188.5% 20,794 16,678 22,127 Total Revenues and Other Sources 4,832,053 5,284,500 91.4% (452,447) 4,740,537 5,312,648 Parks Division 2,819,566 3,956,910 71.3% 1,137,344 2,550,563 3,488,488 Recreation Division 837,023 1,239,780 67.5% 402,757 751,012 1,032,591 Golf Division 312,304 485,120 64,4% 172,816 286,545 414,373 Other Financing Uses - Transfers 350,000 350,000 100.0% - 349,000 349,000 Contingency - 50,000 0.0% 50,000 - - Total Expenditures and Other Uses 4,318,893 6,081,810 71.0% 1,762,917 3,937,120 5,284,452 1 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses 513,161 (797,310) 164.4% 1,310,471 803,417 28,196 Fund Balance, Jul 1, 2012 2,242,227 2,087,749 107.4% 154,478 2,214,031 2,214,031 Fund Balance! Mar 31, 2013 $ 2,755,388 $ 1,290,439 213.5% $ 1,464,949 $ 3,017,448 $ 2,242,227 1 Reconciliation of Fund Balance: Restricted and Committed Funds Unassigned Fund Balance $ 2,755,388 I awrrn n,.,m r.P~n, 22 Y1YAO City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance March 31, 2013 Fiscal Year 2013 Percent Fiscal Year 2012 Fiscal Year 2012 Year-TO-Date Fiscal Year 2013 Collected) Year-To-Date Endaf-Year Actuals Amended Expended Balance Actuals Actuals 221 Youth ACUviues Levy Fund Taxes $ 1,565 $ 8,000 19.6% $ (6,435) $ 10,989 $ 10,427 Total Revenues and Other Sources 1,565 8,000 19.6% (6,435) 10,989 10,427 Materials and Services NIA Total Expenditures and Other Uses NIA Excess(Deficiency) of Revenues and Other Sources over Fxpenditures and Other Uses 1,565 8,000 19.6% (6,435) 10,989 10,427 Fund Balance, Jul 1, 2012 20,325 (8,000) 354.1% (28,325) 9,898 9,898 Fund Balance, Mar 31, 2013 $ 21,890 $ 0.0% $ (34,760) $ 20,888 $ 20,325 Reconciliation of Fund Balance: Restricted and Committed Funds 21,890 Unassigned Fund Balance $ call waa~xn, 23 9 moron City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance March 31, 2013 Fiscal Year 2013 Percent Fiscal Year 2012 Fiscal Year 2012 Year-TO-Dale Fiscal Year 2013 Collectedl Year-TO-Dale End-of-Year Acluals Amended Expended Balance Actuals Acluals 411 Parks Capital Improvement Fund Charges for Services $ - $ 28,000 0.0% $ (28,000) $ - $ 68,671 Interest on Investments 1,525 1,900 80.2% (375) 1,836 2,369 Miscellaneous - - NIA - - 13,522 Transfer (Park Fund) 350,000 350,000 100.0% - - - Total Revenues an i d Other Sources 351,525 379,900 92.5% (28,375) 1,836 84,562 Materials and Services 20,846 - NIA (20,846) - - CapitalOu0ay 448,407 595,000 75.4% 146,593 68,296 68,296 Total Expenditures and Other Uses 469,253 595,000 78.9% 125,747 68,296 68,296 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses (117,728) (215,100) 54.7% 97,372 (66,460) 16.266 Fund Balance , Jul 1, 2012 449,132 457,167 98.2% (8,035) 432,866 432.866 Fund Balance, Mar 31, 2013 $ 331,404 $ 242,067 136.9% $ 89,337 $ 366.406 $ 449,132 Reconciliation of Fund Balance: Restricted and Committed Funds 100,000 Unassigned Fund Balance $ 231,404 a.bf 1I 1,,.,er R.Po 'WOO 24 CITY OF ASHLAND Council Communication May 21, 2013, Business Meeting Approval of FY14/15 Capital Improvement Program and FY16/19 Projects in i Concept I FROM: Scott A. Fleury, Engineering Services Manager, Public Works/Engineering, fleurys@ashland.or.us SUMMARY Public Works and associated City Departments are presenting the FYI 4/15 Capital Improvements Program to the City CI ouncil for approval as part of the City's budget process. BACKGROUND AND POLICY IMPLICATIONS: Capital Improvements Program (CIP) Background The CIP represents a rolling six-year funding plan for projects that have been identified by each department. Project selection is based on the availability of funds, established master plans, the pavement manageme i At program, and other long term planning documents. -The FYI 4/15 Capital (Improvement Program was developed directly from the current adopted master plans and staff input regarding critical need projects. The City currently has newly adopted water, wastewater and transportation system plans that outline capital improvement projects to meet regulatory and growth requirements. The FY14/15 CIP program also details projects out to FY19 based on the master plans as well. In addition to the master plans, Street Department CIP projects are prioritized based on the pavement management program. The pavement management program evaluates the existing street system and recommends strategic street construction projects based on the life cycle of each street. The Parks and Recreation Department updates their long term project priority list annually with the Parks Commission. The Electric Department uses a 2003 study completed by CVO Electrical Systems, LLC for their CIP projects AFN CIP projections are based on the most recent AFN Business Plan assumptions. Current Year Highlights All projects expected to be completed in FY13 are referenced in the FY13 CIP attachment. A few highlights of FYI 3 CIP projects include; Hersey/Wimer Intersection Realignment, Road Diet Trial Striping Program; Ashland Creek Trunk Sewer Rehabilitation; Hunter Park sidewalk and safety improvements; N. Mountain Nature Center addition; and underground electrical utility on Oak St. Pape 1 of 3 CITY OF ASHLAND Unplanned Projects Completed in FYI 3 In addition to regular planned projects for each Department, numerous other significant projects used staff resources, including; utility relocations on Peachey St. for the Jackson Counties CMAQ project; Plaza Beautification Project; City Hall planter and sidewalk construction; preparations for Cycle Oregon; N. Main sidewalk repair and bridge fayade improvement; procurement and replacement of seismographs at Reeder Reservoir; Park Estates Pump Station backup power engineering and construction; lower duck pond bridge and drainage engineering and construction; N. Main pump station guardrail replacement; engineering and site planning for Washington St. extension; Airport tree trimming; engineering and inspection for the Mt. Ashland expansion; post road diet traffic engineering analysis; Gun Club Land Exchange; Lori Ln. alley extension and associated lot line adjustments to City property adjacent to Colwell Chiropractic. i FY14 Program Highlights The proposed $8,462,950 FY14 CIP represents a 41% decrease over last year's $14,273,810 FY13 CIP. The proposed FY14 CIP takes into account recommendations and requirements from all master plan updates as well as other long term planning documents. Street Fund: Projects listed in the Street Department fund CIP include the overlays on Mountain Ave. and Wightman St. along with the slurry seal maintenance program. Grant funded sidewalk projects include Walker Ave. from Ashland St. to E. Main and Hersey St. from Oak St. to N. Main. The two TSP recommended sidewalk improvements include, N. Main from Schofield to N. Main and also Maple St. from Chestnut St. to Rock St. Water Fund: Proposed Water Department projects include emergency TAP pipeline; Park Estates Pump Station improvements; and priority water mainline improvements. i Wastewater Fund: Proposed Wastewater Department projects include; starting the riparian restoration program for development of thermal credits that can be used for the City's discharge permit; starting the process of relocating the current effluent outfall; priority pipeline improvements based on the master plan; and preliminary engineering for a new oxidation ditch. Storm Drain: Proposed Storm Drain CIP projects are storm drain installation on 2"d St. between Lithia Way and E. Main, along with storm drain installation on Idaho St. between Holly St. and Iowa St. Parks Department: Proposed CIP projects include Calle Guanajuato improvements; second dog park construction; Lithia Park Rehabilitation; and Garfield Park water park replacement. Electric/AFN/IT Departments: Proposed CIP projects include Ashland substation upgrade; Relocation of pole, yard; Oak Knoll substation upgrade; fiber expansion; and server visualization growth. Equipment Replacement: The proposed equipment replacement budget for FYI 4 is $2,416,000 and includes two new fire' trucks and critical Public Works vehicles and equipment. Page 2 of 3 i I Fr, CITY OF ASHLAND FISCAL IMPLICATIONS: A criterion for inclusion of a project into the CIP is availability of funds. As in the past, the proposed 2014 CIP includes projects that depend on grants, loans, and rates. The proposed FY14 - FY19 CIP lists only projects likely to be constructed over the next six years. In addition, priority projects that do not have a secure funding source have been listed in the unfunded category of the CIP. The unfunded projects total is $60,200,500. i STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends the City Council approve and adopt the FY14/15 CIP and FY16/19 projects in concept. SUGGESTED MOTION: Move to approve the FY14/15 Capital Improvement Program and FY16/19 projects in concept. ATTACHMENTS: FYI 4 Capital Improvement Program FY14 Equipment Replacement FY 13 Capital Improvement Program i I I ~I Page 3 of 3 1r, Capital improvements plan Capital Improvements Plan 2013-2019 ConstrIIuction Years Project Description 2013-14 2014- 1 Roadway FY14 FY15 Railroad Crossing Im roJements:Oak $ 35,000 Slurry Seal Streets Per PILLS $ 100,000 $ 100,000 Washington Street Extension to Tolman Creek Road East Nevada Street Extension Un unded ro'ects Subtotal Roadway $ ,135000 t$=':,.:rW000< I Street lm rovements/Ov'rla s per Pavement Management Sstem tgom ofs3sQ,q_q&tJ FV14 FY15 Overlav - N Mountain Avenue - Hersey to I-5 $ 350,000 Overlay - N Mountain Avenue- E.Main to R/R Tracks $ 175,000 Overlay- Wihtmao Street- Quincy to Siski ou $ 250,000 Overlay - Park Street - Siski ou to End Overlay - Oak Street - R/R Tracks to Oaklawn Overla /Partial Rebuild !N Mountain Avenue - R/RTracks to Hersey Un unded ro'ects 'Subtotal Street lm rovements/Overla s $ - `525,000 $;',250;000 Fl'14 FY15 Local Im rovement DistrictsNote: Costs shown are total ro'ect costs City portion varies Unfunded projects ;t, Subtotal Local lm rovement Districts $ .x I Sidewalk/Pedestrian FY14 FY15 Walker Avenue - 950' north of Iowa Street to Ashland Street CMA $ 747,950 Miscellaneous Concrete Safety Repairs $ 5.000 $ 5,000 N Main Street/I li wa 99 - N Main Street to Schofield Street $ 50,000 Maple Street - Chestnut Street to 150' east of Rock Street $ 100,000 Glenn Street/Oran e Avenue - N Main Street to 175' cast of Willow Street $ 200,000 Hersey Street - N Main Street to Oak Street CMA $ 531,000 Walker Avenue - Oregon Street to Woodland Drive Diane Street - Clay Street to "Tolman Creek Road Carol Street - Patterson Street to Hersey Street Oran e Avenue - 175' west of Dr er Street to Helman Street Un unded roects Subtotal Sidewalk/Pedestrian $ 902,950 $'.z 736'0006 i Bic cle FY14 FY15 Un unded roects TRANSPORTATION I 2-6 City of Ashland I 2013-15 biennial budget FNA 4-19 2015-16 2016-17 2017-18 2018-19 TOTALCOST I FY16 FV17 1FY18 FY19$ 100,000 $ 100,000 ,000 $ I OQ000 3 . ' 6oo 000, $ 1,055,000 't$ ~,"l,000 3[050`000 " 1`55 000 $100 000'000, ^ $ 1100 000 $'>•JM I I'' 4i OOOt I FY16 FY17 FY18 FY19 r"I'M ecfxTo'lal's>s-:i 0M, `.u 05,1000; O?M 50066, $ 275,000 $3 ,~r275,000! $ 385,000 1 $ 420,000 $ 350,000 $x;_»;275,000 385,000! $ 26,06W!'$ 1350,000 $<t=. , 91,385;000f I FY16 FY 17 FY18 FY19 Ro'e VFotals°, I i x fi s i. 730}`000 $1`r~.` c:. -is s r I -is -Is 1730000 i FY16 FYI 7 FY18 FY19 ;:`Pro ecC~Totals, $ St MN 7t956 ~ $ 5,000 $ 5,000 $ 55,000 $ 55,000 ~.1a.130:0'007 I $-`:FT $n=.100,000:: $ ' i .ti"53:1;000= $ 200,000 1 $'<< 200,000 $ 120,000 ',2 6, 000 $ 150,000 150000} $ 250,000 S " #9x975.•000':. 1$WW205;000 $ 175 000. 305,000 $ , -55,000 12 53,950- 1 FY16 FY17 FY18 FY19 `Project.Totals S ._4.330000: 1 1 I City of Ashland 2-7 Capital improvements plan ProJect Description 24113-14 2014-11 Water Su I - FY14 FY15 FL'RC Pan 12 Dam Safety y Inspection (50% Electric, 50% Water Ashland Creek West Fork Bride Construction Sediment TMDL in Reeder Resv. $ 60,000 Reeder Resv Access Road TMDL Compliance $ o TID Terrace St Pump Station Improvements $ 20,000 TID Canal Piping: Starlite to Terrace Street $ 120,000 Emergency TAP Pipeline & Pump $ 2000000 Un unded ro'ecis Subtotal Water Supply $ - $ 2,300,000 Water Treatment & Storage FY14 FY15 WTP Security Upgrades 1 $ 85,000 Permanganate Fced Facility Stud & Ira lementation $ 25 000 2.6-MG Reservoir & Clearwell "Crowson 11" 2.5 MGD Water Treatment Plant Unfunded projects :subtotal Treatment & Storage $ 85000 $ 25,000 Water Disti n FV14 FV15 Telemetry Station at Water Warehouse $ 50.000 Water Master Plan Updates Park Estates Pump Station/Loo Road Reservoir Alternatives $ 1,860,000 Granite Reservoir Valvin Un unded ro'ects Subtotal Water Distribution S 1,910,000 S I Water Mainline Projects FY14 FV15 Calle Guanajuato -N. Main to Winbmn $ 200.000 Oak Street - Nevada to Bear Creek Bride $ 250.000 Siski ou Boulevard - Crowson Road south towards 1-5 Exit 11 $ 150.000 Iv Lane - Monon Streefto west end of I Lune $ 311,000 Iv Lane - South Mountain to FH-16AD-038 $ 84.000 Normal Ave - Siski u Blvd to Homes Ave $ 150.000 Walker Ave - Siski ou Blvd to Ashland Middle School Parker Street - Walker Ave to Lit Way Harmon Lane - Siski ou Blvd to Lit Way Lit Wav - ]o Avenue to ~Ra Ia e Ra Lane-Lit Wavtolov Ave Beach Street - Larkin Lane to Iowa Street AHS Pro rt- Fire h drant in school property Vista Street - Fork St to Hillcrest St Vista Street - Intersection of Vista. Hillcrest, Glenview Dr Meade Street - Vista St/Hillcrest to Iowa Street _ Ditch Road - Strawbe ;PS to Grandview Dr ' Lithia Water Line Un unded roects Subtotal Mailine Projects S 511000 6-44F000! I 2-8 City of Ashland 2013-15 biennial budget F 1 14- V) 20 15-16 24116-17 2017-18 24118-19 "101,A], COST FY16 FYI 7 FYI 8 FY19 S 40,000 $ ~~40,000 $ 108,000 $ '108;000 $ 60,000 $ _...?:120;"000. + 200;000 $ 200,000 • €220;000 $ 540,000 $ 540,000 a 2,_1100:000 ,~.e2%%000;000 Sr . ' 600}000 r S A~ i .848',000 S' 640,000 S - S - S ` - 4;388;000 I FY16 FYI 7 FYI 8 F119 i•`Pro ec[5To[als' s",, NVE, 000 $ 240.000 ! $•s: AA?,s 5.600 S 746,000 $ 3,000 000 $ 3,000,000 ,zl '.6 146:000: S 1,000,000 $ 5,500,000 $ 5,500,000 -x12,F00o,000`. $""'a x` 3'250•°000:. S.'-"sl"986'000 ~S 8,560,000 S 8,500';000' S:' - S • 722346"000` FY16 FYl7 F1'18 F1119 FroecV otals; 000;. $ 100 000 $,•.~'~R e *~`^"~";"100 000,. $ 100.000 $s =.r, _ 1 00:000' ~S W ,V?,b0919000: <S?>100;000` :$z , ( S 100;000 S$•'' ?9;059,000 FY16 FYI 7 FYI8 FY19 i eWTUAIS- $ A%200,000 __.x250;000. . x•150;000 .•°x31000: $ 84:, .000 $ 367,000 S ,-517,000 $ 384,000 $ 309,000 $ ~ '693;000 $ '20,000 $ 142M0 $ t 1`62,000; $ 110,000 $ 55,000 65 0001 $ ! 5,000 $ 30,000 -,"'35,0006 $ 5,000 $ 49.000 ,.`54;000- 1 $ 10,000 $ 81,000 $ '91,000 S 9,000 $ 81,000 $ :..90000 $ 149,000 $ 149,000 2980001. $ 5.000 $ 5.000 $ 235.000 235,000. I $ 75,000 $ 75,000 -S 1150000 $ 70.000 1--,,10-000 1 5S 751~OM'~ ~S~•~^349`00111 RSa•,;:599~000R • :626~000i 3$`aa~a'^` • 8 2~~"49~000 City of Ashland 2-9 Capital improvements plan W STF.WATF Wastewater Treatment Plan FY14 FY15 Outfall Relocation / Fish Screen $ 22,000 $ 23,500 Shading (Capital Cost +first'6years of0&M $ 351,000 $ 528,000 Membrane Replacement two trains Oxidation Ditch Shell $ 246,000 $ 511,000 =I e lacement I Master Plan U date Subtotal Treatment Plant $ 619,000 $ 1,062,000 Wastewater Collection Sstem FY14 FY15 Grandview Pump Station Re'lacement $ 350,000 Wastewater Line U sizing -18" & 24" Parallel Tmnkline along Bear Creek $ 110,000 $ 638,000 Wastewater Line Replacement 15" Main - Mountain Avenue $ 10,000 $ 121,000 Wastewater Line Replacement 24" Trunldine- Oak Street $ 4,000 $ 41,000 Wastewater Line Replacement; 15" Main - A Street $ 46.000 $ 107,000 Wastewater Line Replacement; 12"Main -Railroad $ 24000 $ 140,000 Wastewater Line Rc lacement; 12" Main - Siski ou Boulevard Miscellaneous Upgrades $ 115, 000 $ 119,000 Un unded ro ects Subtotal Collection System S 309,000 $ 1,516,000 i !Storm Drain FV14 . FY15 2nd Street Storm Drain E. Main to Lithia Way $ 150.000 Beach / Mountain Creek; Idaho from Iowa to Holly $ 52,000 Un ended ro ecrs SIORM DRAIN I S 150.000 IS 52.000 Air rt FY14 F'1115 Discretionary Grant - Airport Improvements - Construct Taxiway, Security Fencing $ 225,000 $ 255,000 Entitlement Grmt - Ai rt Improvement - Master Plan Update FY14 Fl'15 Fire i Un nded meets I PARKS & RECREATION; FY14 FY15 Oak Knoll Irrigation Replacement / Improvements $ 80,000 $ 80,000 Open Space Acquisition / Park Development $ 400,000 $ 60,000 Lower Clay Street Purchase'. $ 206,000 $ 206,000 Lithia Park Master Plan $ 20,000 $ 50,000 Lithia Park Rehabilitation 1 $ 20,000 $ 150,000 Perozzi Fountain $ 500,000 Ashland Creek Park Development - Grant Contingent $ 750,000 Calle Guava uam Improvements $ 300,000 Ice Rink Cover Re lacements and Improvements - $ 10,000 _ Sign Replacement Plan $ 45,000 Garfield Park Water Play $ 450,000 Lower Clay Street Development Upper Clay Street Development - Chitwood Property Meyer Pool Bathhouse $ 60,000 Railroad Park Pla ound Equipment Replacement Lithia Park Admin Office Upgrades Second Do Park Construction $ 90,000 Un unded ro ecis 2-10 City of Ashland i 2013-15 biennial budget I FYI6 FY171 FYI8 FY19 Project Totals e $ 94,000 $ 436,000 $ 451,000 ;026000 $ 489,000 $ 134,000 $ 112,000 $ o 'J1,' 14,000: $ 624,000 $ 624:000 $ 1,955,000 $ 2,023,000 $ =4;735:000 $ a.. 109,0003 $ 109,000 $ 76,000 $ 79,000 $ ;r'-u15 5i000 1538000 $ 12778,000.$. 1,266,000 $ - ,-'8263,000 FY16 FY17, FV18 FY19 Project Totals $ .:350,(100 $ 660,000 - =1.408,000 $ 131 000+ $ "45A0 $ 457 000 $ '....::610,000 $ 146,000 $ 310,000 $ 2,000 $ 7,000 $ 83,000 $ 92,000 $ 234000 $ 1,025,000, `$sale'h 808,000'TS,'~,s,464,000AIS 83'.0W ,,.?'„4;205;000* FV16 F1'171 FYI8 FY19 Project Totals 1 $ 150000. $ 4=~ «';-3`296,000: FYI6 FV17; FYI8 FY19 Project Totals $ 577.500 Is 1057;500. $ 1501000 $ 'x-.150 000: FY16 FY17; FY18 FY19 Project Totals i 080:000: FY16 FY171 FV18 FY19 Project Totals $ W000 1 $ 80,000 $ 320,000 1 $ 400,000 $ 400'000 $ 400,000 $ 400,000 $2,060,0001 $ 206,000 $ 206000 $ 155,500 $ 155,500 $ 1;135,000.1 $ 1,000,000 $ (:.1-070000.1 $ 500,000 $ 670 000 I $ 500,0001 $ 750,0001 $ 300,000 1 _ $ 10 0oo I $ 20,000 $ 65,0001 $ 450-000`I $ 67075 $ 75,000 $ 750,0751 $ 220,000 $ 220,000 I I $ 60,0001 $ 20,000 $ 20,000 1 $ 12,000 $ ;'.12,0001 $ 900001 $ ,7-,165,0001 -City of Ashland 2-11 Capital improvements plan Proiect Description 24113-14 20 14- 15 ELE 7TRIC FY 14 NYIs Install New Services & New Infrastructure $ 300,000 $ 300,000 Electric Utility Line Installation: In-house Various Locations $ 100,000 $ 100,000 Ashland Substation Upgrade $ 50,000 Upgrade Feeder Line - Morton Street Oak Knoll Substation U ade $ 50,000 FERC Part 12 Hosler Dam Safe Analysis SCADA System $ 20.000 E. Main Street/I-5 Freeway Crossing Upgrade $ 100.000 Reconducter feeder tic from Ashland sub to Hersey $ 75,000 Underground cable re lacement and vault - downtown $ 100.000 Relocation of le and $ 50,000 Cal le Guan'uanto $ 100,000 Feeder improvements m identified in 10 ear plan 100,000 Replace Street Lights - N. Main Street U rade Business District Feeder Line - Underground Distribution AFN/'TELECOMMUNICATIONS FY14 FY15 Optical Time Domain Reflectometer O7DR Telecommunications Services and Fiber rx anion $ 30,000 $ 70,000 Telecommunications Instillations, Extensions and Under roundin $ 27,000 $ 45,000 Replace Node Power Supply Batteries Headend U adin $ 88.000 Calle Rennovation $ 30.000 Microstation to GIS $ 18,000 INFORMATION TE N LOGY FV14 FV15 Disk Storage for File Server $ 15,000 Intranet i $ 15.000 Network Monnorin - Network Security and Alerting $ 12,000 $ 5,500 Server Virtualization Growth: Hardware Processors $ 22,500 Virtual Desktop & Thin Client Infrastructure Office Rennovation & Furniture Special Purpose Svstems Life-cle Replacements Un ended roecrs TO"1'AL CIP OVER'1'IMF. $ 8,462,950 $ 9139000 2-12 City of Ashland 2013-15 biennial budget 20 15- 16 2016-17 2017-IN 2018-19 F( 11 FYI 6 FV17 FYI8 FYl9 Pro ccVT ol lsd't $ 300,000 $ 325,000 $ 325,000 $ 325,000 1$„' 1;875;000 $ 125.000 $ 125,000 S 125.000 $ 125.000 ,*,600 $ 25,000 ,.75;000 $ 50,000 _',56,000. '50;000 $ 60,000 $;1 60,000 I $ 25,000 $ 25,000 $ r;, ,70;000 1 160,000 75;000 $r< 100,000 $ -50;000 $ t 160,000 . $ 100,000 $ 100,000 $ 100,000 $ 200,000 600;000 $ 20,000 $ 20,000 $ 20,000 $uk_ , xs'60,000 I $ 100,000 ffiljpt^' ".100:000 S 5,70.000 IS 680,000 S 695,000 IS 67.5.0110 1 S 4,06i.0410 I FV16 FYI 7 FYI8 FV19 '`-Proiect Tofals $ 15.000 ! $15;000 $ 60 000 $ 60,000 $ 60,000 $ 60,000 340.000 $ 45 000 $ 45,000 $ 45.000 $ 45,000 252;000: $ 21,000 ~"21;000 $ 50 000 $ 50.000 $ ' .188,000 $ 30.000 $ 2Q,000 1x.~`3&000.: FYI6 FYI7 FY18 FV19 Pro'cct'Coials'" $ 15,000 $ 15,000 $ 45.000 $ 8,000 000 $ 1 5,000 $ 5,000 $ 27,500 $ 22,500 $ 45A00- $ 60,000 $ 20,000 $ 12,000 $ <t .:91000 $ 40,000 40.000 $ 30.000 $ 30.000 $ 30,000 $ 30,000 $ , 140,000 `r..s234,500.. S 12 94,500 S 15,683,075 S 16,216 000 S 11,743,500 S 124 659,525 City of Ashland 2-13 FY 14 Equipment Replacement • Fire #546 - 1991 E-1 Cyclone Pumper $525,000.00 • PW /Streets #504 - 2005 Johnston street sweeper $200,000.00 • Fire #283 - 1993 E350 Ambulance $200,000.00 • AFN #452 - 2000 E350 Bucket Van $ 70,000.00 • AFN 447 i 6 - 2000 E350 Bucket Van $ 70,000.00 • Electric #477 - 2000 E350 Bucket Van $ 70,000.00 • PW/Engieeering #386 - 2000 Ford Ranger $ 21,000.00 • Electric 4 398 - 1997 John Deere Backhoe $ 80,000.00 • PW/Streets #415 - Ford F350 $ 31,000.00 • AFN #432 - 1999 F250 $ 30,000.00 • PW/Water #414 - 2001 Ford F350 w/Utility Bed $ 38,000.00 • PW/Water #416 -2001 Ford F350 w/Utility Bed $ 38,000.00- 1 • Electric #446 - 2002 Dodge pickup $ 24,000.00 • Electric #460 - 2003 Ford Ranger $ 20,000.00 • Police #545 - 2006 Dodge Caravan $ 26,000.00 • Police #565 - 2007 Ford Crown Victoria $ 43,000.00 • PW/Cemetery #576 - 2007 Kubota Mower $ 22,000.00 • Building#420-2001 Ford Ranger $ 21,000.00 • Electric 48T - 1972 Hogg-Davis Reel Trailer $ 40,000.00 • Electric #39T- 1985 Multi-Spool Reel Trailer $ 62,000.00 • GIS Virtual Server- Interfund Loan $ 10,000.00 • PW/Waste Water #405 - Camera Van (Add Package) $165,000.00 • Fire 9220 - 1993 Seagraves Pumper (Added per D. 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