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Home My WebLink About2002-0903 Council Mtg PACKETCouncil Meeting Pkt. 12 ! 1' ¥ O F BARBARA CHRISTENSEN '~S H LAN D CiTY RECORDER AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL September 3, 2002, 7:00 p.m. Civic Center Council Chambers, 1175 E. Main Street I. PLEDGE OF ALLEGIANCE: II. ROLL CALL: III. APPROVAL OF MINUTES: Regular Council Meeting Minutes of August 20, 2002. IV. SPECIAL PRESENTATIONS & AWARDS: 1. Proclamation of "Always Remember September 11 Day." V. CqNSENT AGENDA: 1. Minutes of Boards, Commissions and Committees. 2. Confirmation of Mayor's appointments to Bicycle & Pedestrian Commission. VI. PUBLIC HEARINGS: (Testimony limited to 5 minutes per speaker, unless it is the subject of a Land Use Appeal. All hearings must conclude by 9:30 p.m. or be continued to a subsequent meeting) (None) VII. PUBLIC FORUM: Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. Speakers are limited to 5 minutes or less, depending on the number of individuals wishing to speak.) VIII. UNFINISHED BUSINESS: 1. Review of current city owned property and discussion of potential funding options for future land acquisition (continued from August 6). COUNCII., MEETINGS AR[!: BR()Ai)CAST I..JVE ON CHANNEl, 9 \"'ISIT TIlE CITY OF ,;\SH.LANI. S k t*,B SI'I'[.:, AT WWW.ASHI~AND.OR.[JS IX. ~ AND MISCELLANEOUS BUSINESS: (Vl>J3esignation of Voting Delegate for NLC Meeting. ~ Update on remaining Wastewater Treatment Plant Construction Work. X. ORD/~ RESOLUTIONS AND CONTRACTS: ti,e o "^n O inanc ^m n in S ction hland Municipal Code to require property owner to remove or trim trees or shrubs ~~2~dangering utilities." eading by title only o~,,~_R_esolution fo[/l~ Purpose of urging Amendment of ORS 3.297, et. seq. Relatin~o Impact Fees and System Development Charges to .include Facilities for Po~es and Schools." Reading by title only o~A R~esolution D'i~icating a Public Way Behind the Hargadine Parking Facility and Between the us~- New Theater and the Fortmiller Building (Earthly Goods), 142 Ea~J..MaiR-S.tceeI.Q~d Starbucks, 120 East Main Street." ~. Reading by title only ~._"/~_Resolution Au~orizing Agreement No. 707 - Abandonment Agreement for Unit 1 Green SpringS Highway No 21 (OR Route 66) (to the City) City eof Ashland with the Oregon Department of Transportation (ODOT); MP 0.00 to MP 0.76 (Ashland Street fro~evard to Faith Avenue)." Reading by title only o~'~A Resolution Au-~rizing and Approving an Increase in the amount borrowed from'tlfe-~ean Water :State Revolving Fund for the Wastewater Treatment Facilities Project and Repealing Resolution 2002-01 ." Xl. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS: Xll. ADJOURNMENT: REMINDER A Study Session will be held on Wednesday, September 4 at noon in Council Chambers. Topics of discussion will include: 1 ) Addition of Youth Liaisons to various City boards, commissions and committees (continued from Study Session of August 7); and, 2) City Administrator Recruitment process. 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). (;()I JNCI I, M E ET I N(iiS AR [~: B R.(.)Ai)CAS'I?[,tVt?; .)N C l-(' ' .IANNEI., 9 F~I~ V1SIT TIt I.~ ( I~['Y OF ASt fi,AN I)'S WI:,B S ITl:, AT WWW.ASt I I.,AND.OR,[JS Office of the Mayor Alan W DeBoer MEMORANDUM DATE: August 27, 2002 FROM: City Council Members Mayor Alan DeBoer f) TO: RE: Appointments to Bicycle & Pedestrian Commission I would like to confirm appointments to the Bicycle & Pedestrian Commission as follows: Malena Marvin for a term to expire April 30, 2003. This will replace Elizabeth Bretko who has tendered her resignation effective 8102. Joanie McGowan for a term to expire April 30, 2004. This will replace Beth Young who has tendered her resignation effective 8/02. Lynn Reynolds for a term to expire April 30, 2005. This will replace Carol Lee Rogers who has tendered her resignation effective 8/02. Attached is the letter of interest received in response to the vacancy as advertised in the Ashland Daily Tidings. The vacant position was also posted on the city's website, and on the noticeboard in City Hall. A copy of the advertisement is attached. Previous applications were also considered, copies of which have been provided to you. Should you wish to review the applications, copies are in my office. Attachment City of Ashland' 20 East Main Street. Ashland. OR 97520 . (541) 488-6002 . Fax: (541) 488-5311 . Email: awdb@aoLcom CURRICULUM VITAE MARY K. BURNHAM CURTIS Senior Forensic Specialist-DNA U.S. Fish and Wildlife Service National Fish and Wildlife Forensics Laboratory 1490 East Main Street Ashland, Oregon 97520 Office (541) 482-4191 Fax (541) 482-4989 CURRENT POSITION Senior Forensic Specialist- DNA EDUCATION DePauw University, Greencastle, Indiana, B.A. (Zoology), 1980-1984 University of Michigan, Ann Arbor, Michigan, MS (Biology:Fish Ecology), 1984-1987 University of Michigan, Ann Arbor, Michigan, Ph. D. (Biology:Evolutionary Biology), 1987- 1993 EXPERIENCE 1984 Aquarist Assistant, John G. Shedd Aquarium, Chicago, IL 1985 Research Assistant, University of Michigan Museum of Zoology, Ann Arbor, MI 1986-1987 Statistical Technician, Financial Systems Division - Advanced Engineering Group, Unisys Corporation, Plymouth, MI 1987-1988 Curatorial Assistant, University of Michigan Museum of Zoology, Ann Arbor, MI 1988-1991 Teaching Assistant, University of Michigan Department of Biology, Ann Arbor, MI 1987-1993 Fisheries Biologist-Trainee, U. S. Fish and Wildlife Service, National Fisheries Research Center-Great Lakes, Ann Arbor, MI 1994-2000 Research Fisheries Biologist, U. S. Geological Survey - Great Lakes Science Center, Ann Arbor, MI 2001 Sr. Forensic Specialist, U. S. Fish and Wildlife Service, National Fish and Wildlife Forensics Laboratory, Ashland, OR. AFFILIATIONS Adjunct Faculty, Michigan State University, Department of Fisheries and Wildlife Society for the Study of Evolution Society for Conservation Biology American Fisheries Society Manuscript and proposal reveiwer - Provided scientific review of manuscripts for publication in Canadian Journal of Fisheries and Aquatic Sciences, Transactions of the American Fisheries Society, Journal of Great Lakes Research, Archive fur Hydrobiologie, Reviews in Fish Biology and Fisheries, Environmental Biology of Fishes, and proposal reviews for state and national agency programs (NOAA Sea Grant). -r ,.., MtUy .K. Burnbtun Curtis 1191 North Main Street Ashland. Oregon 97520 541/488-0989 , Email: gmcurtis@internetcds.com Ms. Barbara Christensen, City Recorder City Hall 20 East Main Street Ashland, OR 97520 Dear Ms. Christensen and Bicycle and Pedestrian Commission Members; I would like to submit my name for consideration as a volunteer member of the Bicycle & Pedestrian Commission. I have been a resident of Ashland for a little over a year and a half, and would like to become more involved in community issues. Bicycle and pedestrian safety are two important issues to me, especially in light of how dangerous those two activities can be in a car-oriented culture. Errand and weather permitting, my son and I bike to daycare and work as much as possible, and the recent construction has made it especially clear how important bicycle and pedestrian safety is (and how much easier it is to get around on 2-3 wheels...)! I am currently a Sr. Forensic Specialist (DNA) at the USFWS National Forensic Laboratory, having relocated with my husband, 6-year-old son. and the family dog from Ann Arbor, Michigan. We've found Ashland to be a friendly community. and are looking forward to spending many years here. Please let me know if you would be interested in my participation on this commission - I'm sure that I would provide helpful input, and I would welcome the opportunity to contribute to the Ashland city government I can be reached at the above phone number after work ho~, or more easily by email above. Sincerely; ~JJ Mary K. BW:nham Curtis. Ph.D. u;P- ~~ (0 M (H{d/'~7L CJ.AJI-LI ~/I(iJM V{ltt2Je_ ,A:tttdut 'if M.J!d (dlljr-- r "1 Please publish: Tidings - Wednesday, July 24 and Saturday, July 27 Revels - Thursday, July 25 Refer to P.O. 54714 Questions? Please call Fran at 488-6002 The City of Ashland has a vacancy on the BICYCLE & PEDE5- TRIAN COMMISSION for a term to expire April 30, 2005. If you are interested in being considered for a volunteer position on the Bicycle & Pedestrian Commission, please submit your request in writing, with a copy of your resume (if available) to the City Recorder's office. Additional information regarding this position can be obtained from the office of the City Recorder. APPLY TO:The City Recorder, City Hall, 20 East Main St., Ashland. APPLY BY: Friday, August 2, 2002 r., CITY OF ASHLAND r ,., Ron Dulaney Government Relations Intern Oregon School Employees Association 2671 Hawaiian Ave. Medford, OR 97504 541-779-5052 Just a note to thank you for taking time to look over this information about our pledge campaign to urge our state legislators to commit to dealing with the crucial lack of long-term funding for schools by the end of the 2003 regular legisJative session. If the cleanliness of your district's schools is close to that of mine, the health and safety issues, alone, have reached critical mass, due to the seemingly annual cuts in custodial staff and hours. And there are many other urgent school issues. It's not, as some of our more cavalier legislators suggest, a question of simply "tightening your belt," but closer to "tightening the noose" around the neck of a once-effective educational system. So far, in our area, Senator Len Hannon, Representative Dr. Alan Bates, candidates Barbara Davidson and Virginia Lemon, Mayor Alan DeBoer of Ashland and Mayor Marian Telerski of Talent have all signed the pledge~ While House candidate Dennis Richardson is considering it, Representative Rob Partridge refused. to even hear what the pledge is about. We need to show him and others in Salem how strongly his concerned constituents feel about this issue. Please read the enclosed "Oregonian editoriaL I'm hoping you will join us to end this crisis, finally. *Also, Medford Mayor Lindsay Berryman has pledged. Thanks again for your consideration. Sincerely, ~W~6 Ron Dulaney or ...... YAe.91edge- ~n &~~ ~ Q: What is "The Piedge"? A: The Pledge represents a commitment to dealing with our lack of long-term stable and adequate funding for schools by the end of the 2003 regular legislative session. Q: Why do we need to deal with this problem now? A: Because our schools can't take any more cuts and still leave . no child behind. In fact, we have already cut public schools to the bone by reducing the number of school days per year, laying off classified workers, teachers and administrators, cutting programs, and increasing. class sizes. The Legislature I)as delayed dealing with this issue for too long. The 2003 regular legislative session is the time to solve this problem. Q: Are you making specific suggestions? A: No. All options must be on the table. We simply insist Oregon's long-term school funding problem be dealt with before our legislators adjourn (sine die) their next regular session which is scheduled to begin January 2003. No more delaying. No more passing the buck. Yet we recognize there must be input from everyone - parents, businesses, teachers, administrators, unions, non-profit groups, seniors, etc. - to solve this problem. Q: What about the projected $1.4 billion deficit next biennium? A: We never said it would be easy to address this long-term school funding problem. That's why the Legislature has avoided this issue for so long. But there is simply too much at stake now: our economic future depends on our education system and our children in school depend on us to act now. We acknowledge legislators will have to deal with a projected budget shortfall but they still MUST solve the lack of long-term, sustainable funding for schools before they adjourn (sine die). 1 - ,.. ~~ - - ~ '- ~...,......- I .......... __ '"' _ _ .4IlIiiI - 'cP ,O)..t : ~;.:' t '0. - p'.O .~ '->> o " .... 'S' ,. tn. --- '#- .r" ~ '~.. ... : l\ sthool'pl~g~ wonh:signing . . , Fi/ling out a little fortrJ'seefns like Edu;~n'10J} ~ '. . s~hQol funding has ~ecf!1tlt that rmtediaJ in Oregon . .T.'..' he big'~ Is not whO ~ ~.implySemngo~isooltothe. . . .. sign --rhe PIedge," a 'COmmIt~. P-dJ1C31ion .establ1slunent. Fotn1h.. the. . .:., mapt to Qregon-School fund.. esEA'deserves. pmi-;nmp.nt for o~.' Ill. .mgby2003.' . .' '. . ingM~13. theLegis1atare's~ " 'l118 dnnr Is whO 'W01l't. dnon &' and &~...~...". idea that ~"ed t1iis . . ."......J ~ -. &~g . . ~ spnng. _ w!IY. ~ Can't. ~theit ~ to And~ 1hj:nnustbea~,-Dght1 something so baste. . . . No amount of ~ "Will ev.er be Thd Orego~ Schools Employees A&-. -adequatEfto-edncaiionlobbyisl& .: . _'. 'sociation 19 ttpm'Iilirlg August tI)'ing to .' lhatJspOtidcs as nswd ...;.:an ime, aI gather ~ Cton1 state ~~~~ tQ. . pointless. Far better reasons edst to solve pregm1a tchool..lunding cmps by . Diewlth sclioofi . '. ..... . the ejd of the'20Q3 1egisIatiw session. ...~ . . . ~re also seeking ~ froJn can: It's a goOd. idea to llstm:t to .OOP.A didate.s: organizatiom,' citimns and ~. who have ~ hi nuDl-: . BIl}'OJ1e eJse'(ed up with Oregon's care- bets but litde other~. The JneIQ.- IessDieihodoflundingedu~ .. beES ~ ~.~ a:t~ } .: Ore201ine~acc)JVrnitmPntli1:ethis edu(aUOMI.assi~ bus drivem and -in~andpreb.abIy:notwith ~surpoIt~1beydon't~~e ~ . invisible ink. 'The pledge ~ Spmething- . tea~ clout o.r the schoot adroinb- that ~ders of ~ .politiCal ~ ~ job secunty; they ere thefiIst to. OOold;and~sign. . ~1aid<4~or~~: ..l. Itgpeslikethi~ . .' .m.~.. _ . ., . ~I'~. recogrd7,e that O~n's . They. ~.1he thread'~ .holds- .cm:rent ~ offimifj~ public edu.;' schools to~ -.:and thei ~ un- . c.atioaJs ~ UnSu$tainab1eand' ~.~Jtf8IS of cuts ~~~ tbieatens to uudermlneOregoIi', future liOn. IIi OtherwOn1s,.~ CSDlpalgIl IJ]aY and tiur econou1y..... IherebJ conimIt : '. be'gfmm~cky, ~~.Jf.s ~. sIncere 8Il!i .fo80l!ingthe1ackofIong-temi,sustain-: .desper.rt~..:. '.. . . ~ fot.pubJic 'Bd1ools in an. . 9regon's ~~tiaQ crlsJs Is ~1onger . open 11Dd ~ manner that soIdts . 8 ~tter .flf opinion. After. more than. .partic!ipatjon froin all sides in the 2003 "$100 million in cu~.to tbi1'ran~s school ~ I~::Iftve ~n. I will stead.. .' budgets, ~fen!Uy h~dreds of millionS . ~ 'VOte in 'oppOsition to a*wn..' of dol13Is still hang In the balance, watt- . ~t. (sine die) untU we 1iave sotvea tIp$ mg {or approval.from 1he govemor and ~ issue.. ..' .".. votels..1;IDs'ongc;ng uncerlaiq.ty i$ em~ .' We can- think of sevmd tidy eXcuses' bam1ssing for Oregon an~ potentially . for p.p1iti~ no~ to sign this vow to . disastr6u1 for OregonschooIs.. i ~ever.say..sine-dic;.' .FJJ:St, ~ pledges: an{ Oregon needs ~ leaders to stand :uP. . gil\lrt'tick}r. Secondr puaIug promises in. fur ~ls. That' ~nlt . spending '. writiJg Is alwajS risky, because so~. 'll\Oney wisely and funding schools on . one tpIght actually ~ results. ThiId, tim~ not just delivering more ,mon~ the ~ ~ .the bmiJlCbnd of the- . lbatmeans makhig a pledg~...... no~ for' .0SF4.: To consp~ .tlioorists' 'ot: ': the Iiext election. but for the' n$ , seJf-,~ese1'Wtionists, : ~ up _might ".' geneh1tio~ - _. . _: _ :. . '..:" . .. ... . .. F~':""'" ..I~~_--......~,.....~--------.... - .QI.~"'_"'Ii""'W~~"''''''''~--.-r.~'' ~ . " -' . '. ~ . . '. The Pledge 1lWW.SthooIf1niJVledge.OIg Q: Some legislators and legislative candidates will not sign the Pledge because they claim they don't want to limit their options to deal with the problem? A: Either these legislators and legislative candidates have not read The Pledge or they are playing politics with our children's MUre. The Pledge purposely avoids making any suggestions on what the solution might be because we recognize an options need to be identified. evaluated and deliberated. We. are simply asking for their pledge to solve our long-term school funding problem before they adjourn (sine die) next regular legislative session. We simply seek their commitment to meet this deadline for the sake of Oregon's future and our children. Q: Why is "The Pledge" so important? A: Because we need to know which legislators and legislative candidates are serious about fixing Oregon's unsustainable system of funding public education and which are just paying "lip service- to get elected. State Senator Lenn Hannon's (R-Ashland) statement on the floor of the Senate during the June 2002 special session sums it up best. -I wish we had the courage to talk about long-term funding for schools ... the silence . is deafening." We intend to shatter that silence. We hope The Pledge becomes a yardstick in this November General Election for voters to measure their legislator's level of commibnent to solving this aitical issue. To this end, we are inviting Oregonians to lend their voice to this cause by signing a public version of The Pledge. We .need leadership, courage and conviction to finally fIX Oregon's long- term school funding problem. We encourage !ill legislators and legislative candidates to demonstrate these characteristics and sign The Pledge. 07/16/2002 2 ~ . --LlL - .~ -- l' J'T CITY OF -ASHLAND Council Communication Title: Review of current city owned property and discussion of potential funding options for future land acquisition. Dept: Administration Date: September 3, 2002 Submitted By: Greg Scoles, City Administrat Reviewed By: Paul Nolte, City Attomeyle,-- ~~ Synopsis: During the city goal setting process the council requested that staff prepare an inventory of lands not designated for parks or open space but which were owned by the city. In addition the council has requested time to discuss options to integrate funding needs for land acquisition. Recommendation: This is a discussion item only and the council should review the attached documents, which identify property currently owned by the city which are potentially surplus. Fiscal Impact: Any analysis of fiscal impact would have to be evaluated based on the future action of the council regarding the potential sale or purchase of property. Background: At the city goal setting workshop conducted on February 1, 2002, the council requested that staff prepare an inventory of property that was owned by the city. The intent of reviewing this inventory was to determine if there were any properties, which were owned by the city but were not committed to any particular use and could therefore be considered surplus. The attached documents attempt to identify these properties, which have not been committed for any other use. The size, zoning and potential uses of each of these non-committed properties are listed. Also, at the July 2, 2002 City Council Meeting, the Parks and Recreation Commission gave an update to the council regarding the open space program and potential financing of open space. During that meeting the commission indicated that they had established a committee to evaluate potential funding sources for parks and open space purposes. It was also noted at the meeting that the Housing Commission would like the city to establish a long-term Land Acquisition Committee to examine all of the land acquisition needs for the city, rather than just parks and open space. At the conclusion of the discussi6n the council moved to place this item on the agenda so that "...an outline of options to integrate the funding needs for land acquisition..." could be discussed at this meeting. There are a number of funding alternatives for future land acquisition, depending on the use of the property. Some of the alternatives which have been identified previously include: 1) Local Option Levy; 2) Increase in Hotel/Motel Tax; 3) Amusement/ Ticket Tax; 4) Parks SDCs; 5) CDBG Funds; 6) Contribution from the General Fund; 7) Bonds; 8) Extension of the Meals Tax; 9) Sale of Surplus Property; and others. 11. Twin Pines Circle Property - 6,000 square foot single family lot adjacent to golf course. 12. Oregon Shakespeare Festival: (a) Chamber office/old Scene Shop/Black Swan Theater. (b) Old First National Bank Building (Administration). (c) Bowmer Theater. (d) Hargadine Parking Structure and portion of new theater. 13. Cemeteries: (a) Ashland Cemetery - East Main Street, west of Morton. (b) Mountain View Cemetery - North of Highway 66, east of Normal Avenue. (c) Cemetery - South of Highway 66 at Normal Avenue. (Note: Pioneer Cemetery on Sheridan, above Walnut, is privately owned but managed by the city). 14. Sewage Treatment Plant Property - 9 acres north of Nevada Street. 15. Nevada Street Yard - .5 acres located on the north side of Nevada Street, east of Oak Street. 16. Storage Yards: (a) 4 acres at intersection of Granite and Glenview, including Granite Street Reservoir. (b) 20 acres between Glenview and Ashland Loop Road used for granite quarry and material storage. 17. Recycle Depot/Skateboard Park - east side, south of Hersey. 18. Oregon State Forestry - 1.5 acres on Mistletoe Road leased to State of Oregon Forestry Division. 19. Ashland Public Library site - leased to Jackson County for Public Library. 20. Plaza - deeded in perpetuity by Helman family as a "public square." 21. Water Stl1Jet Parking lots - both sides of Water Street between "B" and Lithia Way overpass. 22. Winburn Way Parking lots - west side of Winburn Way between Nutleyand Lithia Creek Cafe. 23. Community Development/Public Works Administration Building on Winburn Way. 24. Fire Station No. 1 - at Siskiyou and East Main Street. 25. Fire Station No. 2 - Highway 66 at Sherwood Street. Gallon Northwest Reservoir - 5 acres off Hitt Road near Strawberry Lane. 27. Westwood Street/Strawberry Lane property - 2.1 acres on the N.E. side of the intersection. ADMINISTRATION 20 East Main Street Ashland. Oregon 97520 www.ashland.or.us Tel: 541-488-6002 Fax: 541-488-5311 TTY: 800-735-2900 ,., ~ t i III S'5a .. J~ II II · .J''''~ ..I I ",.' /1 IIIIIIII II~ ~ 1)1 i t I }. I f i ~ t ~ @l ~ ~ ~ 1 [ 5" [ f g ~ a ~ ;to ~ ~ j 1 [ ~ Vl" ~ ~. f ~ $! Q:r: : ~ [ e; ~ ~ r-oe ... ~ ~ ~ ~e ~ 0 , .. ..~...~ I i I r ...... " )>i'S:~ ~~cn=' a: - ~'c5 0-8 ~ ~ i II ~ -:::J~' g-go ~~CIl mCD.o "':::J~ ~ d:. -e!. (ii' II c~ CIlCll ~5' mea.. CIlCD ger CD3 m= fJ~ CIl -. CIl- a m a. cr - :::r CD co o ::::;:; 8 c UJ CD g, (X) o o ~ ~ --. . II "., q .~JI ~ :;!i'''g CDCi~-' a-8~~ ii~~ ~a~b1 8.~8 3CD3 ac- '0 ar:i' :::I. - CD CIl II 0- ~1\)'iI sa. !i!. I\) -:::I..... ::TCO~ m~~ o3-P ut== '< . ~O- ~~ CIl= ('):::1 cCO ~CIl CD :::I - -< C CIl CD 0- m CIl m CIl 6" c8 CD 'D3 a. UI ~ !if .... . II .,.. C2 .~. ~ Ob~ CD -::::J ~ (J)-' oN.c5 ~~;o ~~~ -asC1l '8 O~ _O~ CD Ch '" a~ l>> -'=0 e!,. CiJ 111'33 w.....-. Ch l>> 2. -'03 ::::JCiJc <e. Ch 3 <D_ ar sa. ~. Ch -< N. a. ~ ~ :;- <0 Ch ... 8 o ~ ~ ..... . II ... ..... 8 ~ 8 I 'IT a~ ~ (J) -. _.~ NCO CD II lib> ~c: O~ >~ ON (iJo m~ ~ o ~ c: CD ~ ::T Dr ~ a. m- e: a- D) ~ (j) i ::T OJ o c: ~ a. D) -< ~ o .... ~ ~ ~ I T 'IT mr-N ~: sa. g (I) (/)-. C!: r-:' ::l ::l....co CO<D (/)111' ::j". N CO U)_ -U)o <DD)~ ~~c. 3(1)<D = ~ '< -. :J: ~ ~ ~ <D ~ Dr 2. -< - fII ~ ~ ...... . II ~ ~ ~ 2 storage yards located within Lithia Park. Assessors Map# 391E16 tax lot 1300~ ^ West Yard = 20,QOOsq.ft. Zoned: R-1-7.5 1~ ~ 1~ Feet W East Yard = 52,QOOsq.ft. Zoned: WR 7A1' I~'" 79 ~ 1 N " June 28, 2002 c~. From: Ashland Housing Commission RE: RCcommendation regarding Committee on Land Acquisition Dear Mayor DeBoer and City Councilors: At its June 26, 2002 meeting, the Housing Commission discussed the Parks Commission's decision to form a committee. with participation from City Councilors. to develop a funding mechanism for the acquisition of future Open Space lands. The members of the Housing Commission urge the City Council to consider a more comprehensive and integrated process for funding our community's long-term land needs. We suggest the formation of a Land Acquisition Committee that considers the complementary (and sometimes competing) needs for open space, affordable housing, and even public transit. We believe that a cooperative and integrated approach from the outset to develop a strategy for funding important local initiatives will be more productive and have more positive results. Seattle offers a wonderful example of how art patrons and affordable housing advocates joined forces to pass a local fee tax that supports both. We believe such a committee could help create integrated solutions. As an example, currently, some of the parcels slated for purchase by the Parks Commission, include sections within those parcels that would be suitable areas for affordable housing. Housing Commissioners and City Attorney Paul Nolte attended a local workshop this spring on Housing Trust Funds. Housing advocates are working through a recommended process for establishing a local fund with non-profit housing developers and Oregon Action. Ashland's Housing Needs Analysis and Action Plan are identifying targets for affordable housing projects. One step in the process includes meeting with City staff to discuss the range of possible funding sources. The Commission believes, however, that discussions about funding options will benefit if all parties needing funding work together. The Housing Commission's vision would be to create a situation where different departments or units of City government are cooperating on behalf of all citizens for the best use of public funds, We understand that the Parks Commissioners are engaged in a process to secure the next block of parks and trails and have built momentum. We think you'll agree that the Housing Commission bas done the same, and feels the urgency of its charge. The increased frequency of our visits to the City Council and individual Councilors, the Needs Analysis, the Action Plan that's underway, the funding for staffing that Plan, the development of an interim work plan for the commission are evidence of momentum for affordable housing efforts in our community. We ask you to encourage the development of a long-term Land Acquisition Committee that examines all needs within the city and includes all units that may have a need for acquisition of land. The City provides the mechanism for funding these acquisitions. Thus, the citizens, who ultimately provide the funding, will benefit from a more coordinated strategy for land acquisition. . . /1;: tltd(~ NanC~dson. Chair cc: Parks and Recreation Commission ~w the potential donation of land in this area that would allow for the trail connections, but the difficulty in finding funds to develop the trail. Landt explained that the Parks Commission has informally been contacted regarding affordable housing and land acquisition. He stated that the Parks Commission formed a committee consisting of the P~ Commission. three City Councilors and community members to look at ways of funding parks, trails and open space. He stressed that the Parks Commission is only acting within their purview, which are parks, trails and open space. Heam commented on the large number of community members who attended the public meetings and were involved in the process. He shared on the success of the recent Trail Work Party and the enthusiasm of community members. He commented on the importance and benefits of providing trail systems. Landt clarified that the proposed plan does include remnants from the original plan, which was mostly open space and trail connections. The portions of the original plan that are not included in the Short Term Plan are included in the Long Term Plan. Hartzell suggested that the plan be labeled to indicate the plan year of 2002-20 12 in order to differentiate the funding timeframe. She continued to express her desire that the Parks Commission would collaborate with the City Council when considering potential land acquisitions. Morrison voiced his opinion that it is mandatory for the city to move ahead and continue to have land available because the opportunity in the future to acquire land will be less not more. Colin Swales/461 Allison Street/Expressed appreciation of the Parks Commission for the work being done for the trail system. Councilors Reid/Hearn mls to approve Short Term Plan for parks, trails aDd open space. DISCUSSION: DeBoer reminded all that funding would be needed to implement this plan and noted the challenge of keeping our taxes low. He expressed hope that the committee that has been formed would seek the advice of Budget Committee members due to concern of increasing taxes in revenue. Jackson noted the importance in considering housing land needs and the difficulty in fmding funding for programs. V oice Vote: all A YES. Motion passed. Reid noted her concern with three councilors and staff working on the committee formed by the Parks Commission on fmding funding mechanisms. She felt that the council, as a whole, should discuss and consider all options of funding mechanisms, which would take into account the various other needs of the city. DeBoer disclosed that the Parks Commission had asked him to form this committee initially, but he felt that this type of discussion would be better held at the annual goal setting session. He also reminded the council of upcoming moves by Community Development and Public Works, and the current heavy workload of staff. He encouraged the council to delay this discussion until the next budget season and goal setting session. Council members clarified that this is in the current goals for the Strategic Plan. Laws voiced his opinion that funding for all projects as a whole may be difficult politically and that it may be necessary to take each project on individually. He felt that trying to fmd funding for all at the same time would only result in faDure. Councilon HartzelVHearn mls to put an outline of options to integrate the funding needs for land acquisition on the July 16th or August 6th agenda. Discussion: DeBoer urged a no vote, favoring letting Staff set the date for inclusion on the agenda. Voice Vote: Laws, Reid, Hartzell, Morrison and Hearn AYES. Jackson NO. Moti passed: 5 to 1. date Doland Police Department 91lIDispatch Center. Police Chief Scott Fleuter introduced Dispatch Supervisor Gail Rosenberg and gave an overview of the proposals presented to the Council from the Medford 911 Central Communications Center and Southern Oregon Regional Communications (SORe). He explained that it is difficult to make any recommendation because.it is not known where State funding will be fmally placed in Jackson County, or what the selection criteria are. Bill Greensteinl191 N Wightman/Spoke as a representative of Ashland's current 911 dispatchers and shared his opinion that Ashland cannot afford to not have the best service available. He felt that the savings realized with consolidation is so minimal that it would be worth giving up control of our 911 Service Station and noted the change in our community of citizenry. He does not believe that the quality of service would be as good if consolidation Ashland City Council Meeting- uly 2, 2002 Page 3 of5 CITY OF ASHLAND Council Communication Title: Dept: Date: Submitted By: Approved By: Designation of Voting Delegate for NLC meeting Administration September ~002 Greg Scole Greg Scoles Synopsis: The City of Ashland is a member of the National League of Cities. The annual meeting for the National League of Cities will be held from December 3 - 7 in Salt Lake City, Utah. Under the Bylaws of the National League of Cities, the City of Ashland will be entitled to cast one vote at the Annual Business Meeting, held on December 7. Voting by proxy is not permitted. During mid-November, the National League of Cities will mail a special edition summarizing proposed National Municipal Policy amendments and proposed resolutions which will be voted on at the annual meeting. Fiscal Impact: Cost for a council member to attend the meeting will be registration fees, the cost of airfare, hotel room and meals for the time spent in Salt Lake City. Recommendation: Staff recommends that one voting delegate be selected plus an alternate. Background Information: The City of Ashland has been a member of the National League of Cities for the past four years. ,. , ,. r '" CITY OF ASHLAND Council Communication Title: An ordinance amending Section 13.16.070 of the Ashland Municipal Code to require property owner to remove or trim trees or shrubs endangering utilities Electric & Telecommunication, Public Works September 3, 2002cK@ Dick Wanderschei Paul Nolte ~ Greg Scoles CJI Dept: Date: Submitted By: Approved By: Synopsis: This amendment would require 14 feet of vertical clearance over public streets and 12 feet of vertical clearance over public alleys. This change is needed to protect vehicles from damage by low vegetation. Presently the height issue is not addressed in the City's municipal code. Recommendation: Staff recommends that the council approve second reading of the attached ordinance. First reading of the ordinance was approved on August 20, 2002. Fiscal Impact: None. Background: In the recent months the City has had some of its Utility and Public Works vehicles damaged by vegetation which is overhanging in the City streets and alley rights-of-way, Also, some commercial vehicles have been damaged. The City's current code addresses this issue by declaring as a nuisance any tree or shrub "which is endangering or which may endanger the security or usefulness of any public street," and allows the City to require the vegetation to be trimmed or removed. This amendment adds a specific height clearance requirement to the existing section of the ordinance. City street and electric staff has discussed this amendment with the city's Tree Commission and they have given their approval to this proposed amendment. r., ORDINANCE NO. AN ORDINANCE AMENDING SECTION 13.16.070 OF THE ASHLAND MUNICIPAL CODE TO REQUIRE PROPERTY OWNERS TO REMOVE OR TRIM TREES OR SHRUBS ENDANGERING UTILITIES THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS: SECTION 1. Section 13.16.070 of the Ashland Municipal Code is amended to read: SECTION 13.16.070 Dangerous Trees--Nuisance--Removal. Any tree or shrub growing in any public property, on private property, or in a planting strip abutting public property, which is endangering or which may endanger the security or usefulness of any public street, sewer, sidewalk or utility, is declared to be a public nuisance; and the City may remove or trim the tree or shrub, or may require the property owner to remove or trim the tree or shrub. Trees or shrubs extending over any public street, except an alley, shall be trimmed in such a manner as to provide a minimum 14 feet vertical clearance over the street. Trees or shrubs extending over an alley shall be trimmed in such a manner as to provide a minimum 12 feet vertical clearance over that portion of the alley subject to vehicle use. Failure of the property owner to remove or trim the tree or shrub within 30 days of receiving notice by the City Recorder is a violation of this chapter, and the City Administrator may then remove or trim the tree or shrub and assess the costs against the property. 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 , 2002, and duly PASSED and ADOPTED this day of , 2002. Barbara Christensen, City Recorder SIGNED and APPROVED this day of ,2002. Alan W. DeBoer, Mayor Re~eda~ ,~ Paul Nolte, City Attorney 1- Ordinance G:\legal\PAUL\ORD\tree removal ordano 3-02.wpd T 'rT CITY OF ASHLAND Council Communication Title: A Resolution for the Purpose of Urging Amendment ofORS 223.297. et. seq. Relating to Impact Fees and System Development Charges to include Facilities for Police, Fire, Libraries and Schools. Legal Department September 3, 2002 V-Paul Nolte, City Attorney Greg Scoles, City Administrat"Cjf Dept: Date: Submitted by: Approved by: Synopsis: The Council first discussed this issue at the August 20, 2002 city council meeting at the request of Councilor Hartzell. Following council discussion, it was agreed to bring back a resolution for adoption. Recommendation: Staff recommends that Council adopt the resolution. Fiscal Impact: Should this initiative pass legislation, the City will need to address the methodology to justify such SDCs. The department assigned to implement SDCs for local services will incur additional expenditure with staff time. Background Information: This resolution is non-binding and will simply be a tool for building political support to address the issues of implementing SDCs for local services in the 2003 legislative session. Current state laws prohibit local governments from implementing SDCs for police, fire, schools and libraries. Amendment ofthe System Development Act of 1989 means that jurisdictions will be able to recover the cost of growth that impacts our schools, libraries, police and fire services. With increasing growth, cities are currently challenged to maintain public services. r., RESOLUTION NO. 2002- A RESOLUTION FOR THE PURPOSE OF URGING AMENDMENT OF ORS 223.297, ET SEQ. RELATING TO IMPACT FEES AND SYSTEM DEVELOPMENT CHARGES TO INCLUDE FACILITIES FOR POLICE, FIRE, LIBRARIES AND SCHOOLS. Annotated to show deletions and additions to the draft resolution considered by the council at its August 20, 2002, meeting. Deletions are lined tt'lrougt'l and additions are underlined. Recitals: A. Growth can create significant fiscal impacts on the citizens and governments of our community; B. The purpose of ORS 223.297 to ORS 223.314, the system development charges statutes, serve to provide a uniform framework for establishing SDCs by local governments; C. ORS 223.299(1 )(a) currently excludes facilities for police, fire, libraries, and schools from the list of urban capital improvements for which local jurisdictions may collect impact fees or system development charges; D. Prohibiting communities from being able to collect the full costs of providing for police, fire, library and school facilities is a tax on existing residents; E. Inequity can occur when broad-based taxes paid by all residents of a community are used to fund facilities and services that primarily benefit relate directly to new development; r. Cubsidy of ne'v'j" development can distort tt'le balance of supply and demand and cause overproduction or o'v'erbuilding; and G. rmviding a free market 'vvitt'lout government subsidies tt'lat mask tt'le true costs of population growtt'l can t'lelp to establist'l a carrying capacity process for our community and region. The City of Ashland Resolves as Follows: SECTION 1. ORS 223.299(1) should be amended to add police, fire, library, and school facilities to the list of capital improvements for which local jurisdictions may collect impact fees and system development charges. 1- Resolution C:\WINDOWS\TEMP\school SDC reso.wpd SECTION 2. This resolution takes effect upon signing by the Mayor. This resolution was read by title only in accordance with Ashland Municipal Code 92.04.090 duly PASSED and ADOPTED this day of ,2002. Barbara Christensen, City Recorder SIGNED and APPROVED this _ day of ,2002. Alan W. DeBoer, Mayor 2- Resolution C:\WINDOWS\TEMP\school SDC reso.wpd r 'l"r CITY OF ASHLAND Council Communication Title: A Resolution Dedicating a Public Way Behind the Hargadine Parking Facility and Between the OSF New Theater and the Fortmiller Building (Earthly Goods), 142 East Main Street and Starbucks, 120 East Main Street. Dept: Legal Department Date: September 3, 2002 Submitted By: Paul Nolte ~ Approved By: Greg Scole~( Synopsis: The dedication of the walkway constructed by OSF in conjunction with the New Theater and Hargadine Parking Facility is desirable to allow Earthly Goods to fully develop an addition to the Fortmiller Building. The dedication would also allow full development of the Hills' property (where Starbucks is located). The walkway on the westerly side of the Fortmiller Building (between Earthly Goods and Starbucks) that connects Main Street to the parking structure and New Theater would also be dedicated since it has never been dedicated for public use. A map is attached for your convenience. This map differs fi.om the ones presented to the council on August 20, 2002, in that it dedicates the walkway between the Fortmiller building (now Earthly Goods) and Starbucks and it incorporates the area adjacent to the Hargadine Parking Facility, of which only part is a dedicated alley. Recommendations: Adopt the resolution dedicating the above described walkways for public use. Fiscal Impact: None. Background: The attached memo from John McLaughlin provides additional background on the d~sirability to dedicate these walkways. At the council's last meeting, it was explained that the impetus for this dedication was an application from Earthly Goods to expand the rear of the existing Fortmiller Building, 142 East Main Street, south and up so that it will abut the walkway immediately north of the OSF New Theater. Building Code restrictions preclude the full development of the Earthly Goods expansion unless the rear wall to be constructed abuts a public way. By designating the walkway as a public way, Earthly 1- Council Communication G:Uegal\PAUL\ORD\eadhly goods dedication reso cc.wpd Council CdIbm1Dication Page 2 September 3, 2002 Goods would be able to place doors and windows into the rear wall to allow public access to the new addition. Since the dedication includes that portion of the walkway behind the building where Starbucks is located, 120 East Main Street, any future expansion of that building would also have the same development potential. My previous communication to the council indicated that the walkway between the Fortmiller Building and Starbucks was leased to OSF. This walkway is not part of the OSF lease. This walkway has never been dedicated for public use. The resolution would also dedicate this walkway for public use. G:\legal\P AUL\ORD\earthly goods dedication reso cc.wpd 2- Council Communication G:\legaI\PAUL\ORD\earthly goods dedication reso cc.wpd ... ..,. PROPOSED' ALLEY bEDI.~ATION FOR CITY OF ASHLAND / POINT OF BEGfNNING / SCALE: 1-:11 50' I ... ;;.~... -/ "'1" ... ~ 1'..1'; ... '~J''' ... ... " " c,:k2-n-l/.,y " ODDS "" TO BE DEDICATED ..y...cf~Q ~O~ <t~ ~<='~)' - CITY OF ASHLAND Memo DATE: TO: FROM: RE: September 3, 2002 Honorable Mayor and City Council ~ John McLaughlin, Director of Community Development ~ Right-of-way dedication between Earthly Goods and OSF New Theater From the Planning Department's perspective, there are several benefits to the community of dedicating this area as public right of way. The land, as it sits today, is City-owned property under lease to OSF, and functioning as a public plaza and pass through area. It serves as vehicle and utility access to the rear of some parcels as well. Based upon it's function as public access and use, it would seem very appropriate to dedicate this area as public right-of-way rather than keeping it as land owned by the City and leased by OSF. The plaza area, with seating, landscaping, trees, a water fountain, and scored concrete was designed specifically for public interaction. It is a key pathway in the downtown between the parking structure/Ashland Springs Hotel and the OSF bricks, Also, with the links to East Main Street near Starbucks and the Varsity Theater, it is very connected to the main shopping area of Ashland. Earthly Goods is proposing a significant expansion to the rear portion of their building. This part of the building fronts onto the existing plaza area. While Earthly Goods has indicated it is not their intention to use this portion of the building for retail uses, we believe that it is in the City's interest that this building be designed with appropriate storefront features and access such that a future use will benefit from the relatively large pedestrian counts in the plaza. In order to readily accomplish this and comply with building code requirements, this area needs to be dedicated as public right-of-way. It has been argued to the Council that openings and windows could be accomplished in this building without dedicating it as right-of-way. While this may be possible, it would not happen without significant changes to the design proposed by Earthly Goods, and even then, the access and windows would be awkward at best. In order to obtain a more storefront-like appearance and function, the area should be dedicated as right-of-way. This dedication and ultimate design of the building also furthers the City's efforts at creating exciting pedestrian corridors. From the City's Downtown Plan: . Pedestrian amenities such as broad sidewalk, arcades, alcoves, colonnades, porticoes, awnings, and sidewalk seating should be provided where possible. DEPARTMENT OF COMMUNITY DEVELOPMENT Planning OIltislon Tel: 541-488-5305 20 East Main Street Fax: 541-488-5311 Ashland. Onlgon 97520 TTY: 800-735-2900 www.ashland.or.us ~A' .,.- - ,.., . Windows and other features of interest to pedestrians should be provided adjacent to the sidewalk. Blank walls adjacent to sidewalks should be avoided, . Two-story development should be encouraged downtown, with the second stories seeing commercial, residential, or parking uses, This effort by the Council will ensure that this area develops in a manner consistent with the vision of the Downtown Plan and the Comprehensive Plan. OEPARTMElT OF COMMUNITY DEVELOPMENT Planning O"'lon Tel: 541-488-5305 20 East Maift Street Fax: 541-488-5311 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us 'A' - RESOLUTION NO. 2002- A RESOLUTION DEDICATING A PUBLIC WAY BEHIND THE HARGADINE PARKING FACILITY AND BETWEEN THE OSF NEW THEATER AND THE FORTMILLER BUILDING (EARTHLY GOODS), 142 EAST MAIN STREET AND STARBUCKS, 120 EAST MAIN STREET. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The land described on the attached Exhibit A as depicted in the map attached as Exhibit B is dedicated for use by the public as a public way. SECTION 2. This resolution takes effect upon signing by the Mayor, This resolution was read by title only in accordance with Ashland Municipal Code 92.04.090 duly PASSED and ADOPTED this day of , 2002. Barbara Christensen, City Recorder SIGNED and APPROVED this _ day of ,2002. Alan W. DeBoer, Mayor Paul Nolte, City Attorney 1- G:\IegaI\PAUL\ORD\earthly goods PROW dedication .wpd EXHIBIT A DESCRIPTION OF PUBLIC wAy Commencing at the Northwest corner of Lot 2, Block 9 in the City of Ashland, Jackson County, Oregon, according to the official map of said City, adopted by the City Council on November 5, 1888; thence along the Northwesterly boundary of said Lot 2, South 35002' West, 108.70; thence South 550 18' East, 8.36 feet to the Northwesterly boundary of that parcel of land described in Document No. 92-18504 of the Official Records of Jackson County; thence along said boundary, South 35002' West, 21.30 feet to the Southwest corner thereof and the True Point of Beginning; thence South 550 18' East, 43,29 feet along the Southwesterly boundary of said tract; thence North 350 02' East, 130.00 feet along the Southeasterly boundary of said tract to the Southwesterly boundary of East Main Street; thence South 550 18' East, 14.35 feet along said Southwesterly boundary; thence South 35002' West, 150,00 feet; thence South 550 18' East, 193.0 feet more or less to the Northwesterly boundary of an alley; thence South 350 02' West, 32.00 feet along said Northwesterly boundary; thence North 550 18' West, 250.64 feet; thence, North 350 02' East, 52.00 feet to the point of beginning. City of Ashland August 30, 2002 39 IE 09BC - TL 300,400,800 and 901 REGISTERED PROFESSIONAL LAND SURVEYOR c-,,-7@h- OREGON AUGUlT ~If" JAMES H. OLSON No. 1036 EXPIRES 12/31/02 6Xf-k&rr B PROPOSED' ALLEY DEDI.~ATION ~ #/~ ~ ~ I~' ~ ~@II ~~ / o ~ / ~~ . I oc, ,,;;y I ~/ l\-/ CARPENTER !\. 'vI HALL ~.o/ :; / / I / " FOR CITY OF ASHLAND / POINT OF BEGfNNING / " SCALE: 1 ~a 50' "'-.. TO BE DEDICATED / THEA TRY ... ~~" -/ 7f? " ~ ?,.... OJ" ... '<,j"" " " "y....y~Q ~O~ ~~ ~<f'<f'~ ,. - CITY OF kSHLAND Council Communication Title: Resolution Authorizing Agreement No. 707 - Abandonment Agreement for Unit I Green Springs Highway No 21 (OR Route 66) (to the City) City of Ashland with the Oregon Department of Transportation (ODOT); MP 0.00 to MP 0.76 (Ashland Street from Siskiyou Boulevard to Faith Avenue) Dept: Public Works Department Date: September 3, 2002 Submitted By: Paula Brown~ Reviewed By: Paul Nolte Approved By: Greg Scoles~ Synopsis: The Oregon Department of Transportation (ODOT) has approved and partially funded our project on Ashland Street through an access management grant that Council previously approved in June 2002. As a part of that agreement, ODOT staff and City staff have been negotiating an agreement for a jurisdictional transfer of this section of Ashland Street. The attached resolution has been drafted by ODOT and there may be a few minor changes for timing on receiving the ODOT jurisdictional exchange funding. Staff is asking for concept approval of the attached resolution to move forward with project funding for the Ashland Street section of the Siskiyou Boulevard and Ashland Street projects. In general, the agreement transfers jurisdiction of Ashland Street from Siskiyou Boulevard to the railroad overpass just south of Faith Avenue. ODOT is proposing to pay the City of Ashland $748,005 for this exchange. Currently, the agreement is written so that the State provides up to $423,600 aRer November 1, 2003 and the remaining $324,405 before November 1, 2004. Staff is working with ODOT on the timing of the funds to ensure that the current project is funded upon completion. To meet the City's needs, approximately $200,000 is needed by December 2002 when the Ashland Street project is scheduled for completion. That would leave $223,600 on November 1, 2003, and the final $324,405 a year later on or before November 1, 2004. Recommendation: It is recommended that Council conceptually approve the attached resolution to enter into "Agreement No. 707 - Abandonment Agreement for Unit 1 Green Springs Highway No 21 (OR Route 66) (to the City) City of Ashland with the Oregon Department of Transportation (ODOT); MP 0.00 to MP 0.76 (Ashland Street from Siskiyou Boulevard to Faith Avenue)" and direct staffto continue negotiations and once finalized, have the Mayor and Recorder sign the resolution. Fiscal Impact: The acceptance of the access management project funds requires that the City agree to discuss jurisdiction of the project area. This section is just over three-quarters of a mile on Ashland Street between Siskiyou and PCB/CC A~land Street Jurex Reso 3Sep02.doc the railroad overpass. ODOT has an elaborate formula for maintenance costs within the project area. Included in this section is the need for an overlay, which was programmed by ODOT for FY07. Because a signal is programmed for the intersection of Ashland and Normal and is documented in the City's Transportation System Plan for 2008, ODOT has agreed to provide additional funding for that future signal project. ODOT looks at the jurisdictional exchange on a 20-year basis and brings all the costs to a present value cost. In general, staff is very pleased with the results of the jurisdictional exchange offer from ODOT. They have been fair with the City's needs, and realistic with the maintenance costs. The City plans to overlay this section during the current project, and if the funds are available at the completion of the project, similar to any reimbursement project, staff recommends Council accept the proposal. There has been concern that the City looses revenue of funds that are not received immediately upon transfer, If we look at costs of $223,600 to be received in one year (November 2003) instead of right now, at a rate of 2.4%, the City's revenue loss is $5,366 and if the remaining $324,405 won't be received for two years (November 2004), the additional loss is $15,575, Staff will discuss this with ODOT and see that the present value is calculated based on the month the funds are to be transferred. Background: Similar to the discussion regarding Siskiyou Boulevard (Highway 99), Ashland Street does not act like a state highway, but more like a city street. The Oregon Highway Plan requires ODOT to negotiate with local jurisdictions to transfer ownership on major improvements of state projects that affect local jurisdictions. The City has provided a certain level of maintenance along Ashland Street even though it has been a State District Level Highway. The City maintains the trees in the park row, provides snow removal and is the primary responder for storm drain concerns. The long-term maintenance costs have been fairly evaluated by ODOT and the jurisdictional exchange funds will provide a good source of revenue for the City. Additional Update on the Siskiyou / Ashland Street Projects: Staff has been aggressively reviewing cost for the Siskiyou Boulevard and Ashland Street Project. As you will recall, bids were opened on July 30, 2002 with L TM, Incorporated as the only bid response. L TM's bid was higher than anticipated at $5,275,973 and an initially identified funding shortfall of approximately $900,000, Staff has held several successful meetings and discussions with L TM to identify areas that appeared to be in conflict with anticipated costs and areas in which we might be able to adjust and save money without jeopardizing the integrity of the project, L TM has revised their bid schedules to address the following considerations: · Striping -use standard street paint for all lane delineations, Continue to use the M&M durable (thermoplastic) product for all of the crosswalks, stop bars, bike lane stencils, and arrows, · The City will provide a dumpsite for asphalt and concrete, Although the exact location is not yet determined, the longest haul would be to the Gun Club off Dead Indian Memorial Road. It is not intended that the site off Glenview be used to store concrete or asphalt from this project. The current potential site is the old Croman/L TM site off Mistletoe Road, Further discussi~ns are necessary with Croman Corporation. · L TM may crush the asphalt, and leave it in place under the road surface, but need to make sure that there is 12 inches of gravel base. The asphalt shall be removed from under any new median section. [n addition to the current scope changes for staff, W &H Pacific and L TM will be discussing the changes to the landscape specifications. At this time it is proposed by the Landscape Architect (Mark Hadley) with concurrence from Parks (Donn Toot) to minimize the amount of top soil and possibly go to a smaller shrub PCB/CC Ashland Street Jurex Reso 3Sep02.doc Page 2 of3 r., ? size, but to maintain the size of the new trees and the amount of shrubs in the medians. These changes will be discussed and negotiated prior to the work in the medians. Staff has also had conversations with ODOT to identify new funding opportunities, ODOT has identified several areas to move forward with: · Up to $155,311 for the Ashland Street Project ($1 00,000 is currently identified and there is a good potential for the other $55,311); · An additional $100,000 in OTIA funds for the Intersection Project; · $50,000 in Operations funds for the 4th to Walker Project; and · Potentially a shift in one of the Ashland projects that was successful in making the 2006 STIP program, which would enable $247,000 to go toward the 4th to Walker Project, Staff had applied for four different STIP projects for the 2005-2008 program. None of the projects had counted on the state funds. One of the projects made it into the STIP program for 2006 - the Tolman / Siskiyou Intersection Improvements. The funding can be shifted to the 4 to Walker Street project and not impact the current Tolman Creek road project, nor will it impact the intersection improvements. Instead of getting "free" ODOT funds, the City will fund the Tolman Creek project through the LID, Street fees and transportation systems development fees as shown in the Capital Improvements Program. Incidentally, the first neighborhood meeting for the Tolman Creek project is scheduled for late September. A summary of these changes is shown below: SUMMARY ""-~"''''"'-r'>>''''''.'"''<''''=''>''''-'''''''>''T-.''''' ~ . e . f L TM L TM i eng~neermg I ORIGINAL REVISED deSign ~d AMOUNTS AMOUNTS c?nstruc.tlon inspection TOTAL projected project scope available funding additional ODOT funding requested total potential funds over / under (-) Intersection (A) Siskiyou 4th to Walker (B) Ashland Street (C) Bus Shelters (0) Project TOTAL $804,39 $3,596,014 $701,461 $174.600 $5,276,473 $3,277,663 5660,267 $174.600 $4,915,125 $10 , $399,391 $85,591 $10.000 $600,597 ODOT's funding for the total package (including the Bus Shelter funds) and assuming all of the additional funding requests are met, is $3,944,311. The City's obligation is $1,583,919. With these calculations, staff has negotiated two contracts; the first for the Intersection (A), Ashland Street (C) and the Bus Shelters (0), and the second will be for the 4th to Walker Section. The first contract has been signed and L TM is scheduled to begin work the week of September 9th. They are anticipating being completed with Ashland Street by Thanksgiving. The second contract will be signed once the funding from ODOT is more definite and once the landscaping changes are quantified. PCB/CC Ashland Street Jurex Reso 3Sep02.doc Page 3 of3 ~., August 15, 2002 Abandonment & Retention Agreement No, 707 ABANDONMENT AGREEMENT Unit 1 Green Springs Highway No. 21 (OR Route 66) (to the City) City of Ashland THIS AGREEMENT is made and entered into by and between the STATE OF OREGON, by and through its Department of Transportation, hereinafter called "State", and the City of Ashland, a municipal corporation of the State of Oregon, by and through its City Officials, hereinafter called "City", WIT NESS E T H RECITALS 1. Green Springs Highway No. 21 (OR Route 66) is under the jurisdiction and control of State. 2. Pursuant to ORS 373.010, whenever the route of any state highway passes through the corporate limits of any city, State may locate, relocate, reroute, abandon, alter, or change such routing when, in its opinion, the interests of the motoring public will be better served, 3, Pursuant to ORS 366.395, the State may relinquish title to any of its property not needed by it for highway purposes to any other governmental body or political subdivision within the State of Oregon, subject to such restrictions, if any, imposed by deed or other legal instrument or otherwise imposed by State, 4. By agreement between the City and State, it is possible to eliminate from the state system a portion of the Green Springs Highway from Engineer's Station 0+00 (MP 0.00) to Engineer's Station 40+06,35 (MP 0.76), It is. the purpose and plan of the parties hereto that Unit 1 be eliminated as a portion of the Green Springs Highway No. 21 (OR 66) and the state highway system; that the unit pass to and vest in the City of Ashland, and that Ashland maintain the unit as a part of its city street system as long as needed for the service of persons living thereon or a community served thereby, A&R 707 City of Ashland NOW THEREFORE, the premises being in general as stated in the foregoing RECITALS, it is agreed by the State and City as follows: TERMS OF AGREEMENT 1. In recognition of mutual benefits which will accrue to the residents of the State of Oregon and the City Ashland, and for the purpose of furthering the development of a State highway system adapted in all particulars to the needs of the people of the state of Oregon, State and City have determined that a jurisdictional transfer of right-of-way between the City and State within the City Limits of Ashland should be accomplished, 2. It is the purpose and plan of the parties hereto that Unit 1 be eliminated as a portion of the Green Springs Highway No. 21 (OR 66) and the state highway system as shown in Exhibit A, attached hereto and by this reference made a part thereof. 3. Jurisdiction, control and maintenance responsibilities of said unit shall pass to and vest in the City of Ashland, Ashland shall maintain Unit 1 as a part of its city street system as long as needed for the service of persons living thereon or a community served thereby, This highway unit is more fully described below, 4. This agreement covering the jurisdictional exchange of highways will become effective on the date all required signatures are obtained, and shall remain in effect for the purpose of on-going maintenance responsibilities for the useful life of the facilities referred to in this agreement. STATE'S OBLIGATIONS 1. State shall, by resolution, formally eliminate Unit 1 as a portion of the Green Springs Highway and the state highway system as shown in Exhibit A. All rights, title, and interest of State, including all jurisdiction, maintenance, and control in said unit shall pass to and vest in. City, Unit 1 is described as follows: Unit 1 All land within the right-of-way boundaries of the Green Springs Highway No. 21 as presently located from approximately Highway Engineer's Station 0+00 (MP 0,00) opposite the intersection of 2 A&R 707 City of Ashland Rogue Valley Highway No, 9) easterly to Engineer's Station 40+06,35 (MP 0,76) located at the ~nion Pacific Railroad (UPRR) overcrossing, Bridge No, 0406A. Sections 10, 11, 14 and 15, Township 39 South, Range 1 East, Willamette Meridian; Jackson County, Oregon, 2. State agrees to pay City, an amount not to exceed $748,005 on or before November 1, 2004, in Statewide Transportation Improvement Program (STIP) funds, Said dollar amount includes the cost of pavement preservation treatments. 3. After November 1, 2003, and at State's option, State agrees to reimburse the City for pavement preservation treatments or State shall overlay Unit 1. Should State choose to overlay Unit 1 prior to jurisdictional transfer, $423,600 shall be deducted from the $748,005 outlined in paragraph 2 above, CITY'S OBLIGATIONS 1. City agrees to accept all of State's rights, title and interest in Unit 1; to accept jurisdiction and control over the property; and to maintain the property as a portion of its city street system as long as needed for the service of persons living thereon or a community served thereby, Any right-of-way being transferred in which State has any title shall be vested in City so long as used for public road purposes, If said right-of-way is no longer used for public road purposes, it shall automatically revert to State. 2. City agrees to State retaining any and all purchased access rights of Unit 1, 3. City shall pass an ordinance or resolution, as the case may be, authorizing Mayor/Manager and Recorder to enter into the agreement on behalf of City, GENERAL PROVISIONS 1, The properties above described are relinquished and transferred subject to the rights of any utilities located within said properties and further subject to the rights of the owners of said existing facilities, if any there be, to operate, reconstruct, and maintain their utility facilities presently located within said properties. 3 1'" 11 A&R 707 City of Ashland 2, This agreement m,ay be terminated by mutual written consent of both parties. State may terminate this agreement effective upon delivery of written notice to City or at such later date as may be established by City, under any of the following conditions: a. If City fails to provide services called for by this agreement within the time specified herein or any extension thereof. b. If City fails to perform any of the other provisions of this agreement, or so fails to pursue the work as to endanger performance of this agreement in accordance with its terms, and after receipt of written notice from fails to correct such failures within 10 days or such longer period as may authorize, d. If State fails to receive funding, appropriations, limitations or other expenditure authority at levels sufficient to pay for the work provided in the agreement. e. If federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the work under this agreement is prohibited or if State is prohibited from paying for such work from the planned funding source. Any termination of this agreement shall not prejudice any rights or obligations, 5. Both parties acknowledge and agree that each other and the Oregon Secretary of State's office and the federal government and their duly authorized representatives shall have access to such fiscal records and other books, documents, papers, plans and writings of both parties that are pertinent to this agreement to perform examinations and audits and make excerpts and transcripts, 6. Both parties shall comply with all federal, state, and local laws, regulations, executive orders and ordinances applicable to the work under this agreement, including, without limitation, the provisions of ORS 279,312, 279.314, 279.316, 279.320 and 279.555, which hereby are inc!Jrporated by reference. Without limiting the generality of the foregoing, City and State expressly agree to comply with (I) Title VI of Civil Rights Act of 1964; (ii) Section V of the Rehabilitation Act of 1973; (iii) the Americans with Disabilities Act of 1990 and ORS 659.425; (iv) all regulations and administrative rules established pursuant to the foregoing laws, and (v) all 4 A&R 707 City of Ashland other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations, 7. This agreement and attached exhibits constitute the entire agreement between the parties on the subject matter hereof, There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. No waiver, consent, modification or change of terms of this agreement shall bind either party unless in writing and signed by both parties and all necessary approvals have been obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of State to enforce any provision of this agreement shall not constitute a waiver by State of that or any other provision, IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written, The Oregon Transportation Commission approved this agreement on March 8, 2000~ and authorized the Executive Director/Chief Engineer to execute the agreement. Said authority is recorded in the Commission minutes. CITY OF ASHLAND, by and through its City Officials STATE OF OREGON, by and its Department of Transportation By City Mayor/Manager By Executive director/Chief Engineer Date Date By City Recorder APPROVAL RECOMMENDED Date By Right-of-Way Manager Date APPROVED AS TO LEGAL SUFFICIENCY By Assistant Attorney General By Region Manager Date Date 5 -r 11 RESOLUTION NO. 2002- RESOLUTION AUTHORIZING AGREEMENT NO. 707 - ABANDONMENT AGREEMENT FOR UNIT 1 GREEN SPRINGS HIGHWAY NO 21 (OR ROUTE 66) (TO THE CITY) CITY OF ASHLAND WITH THE OREGON DEPARTMENT OF TRANSPORTATION (ODOT); MP 0.00 TO MP 0.76 (ASHLAND STREET FROM SISKIYOU BOULEVARD TO FAITH AVENUE) THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1, Agreement No. 707 - Abandonment Agreement for Unit 1 Green Springs Highway No 21 (OR Route 66) (to the City) City of Ashland with the Oregon Department of Transportation (ODOT); MP 0,00 to MP 0,76, provides for the jurisdictional exchange of Highway 66 (Ashland Street) between Siskiyou Boulevard and a section just south of Faith Avenue. SECTION 2, The Mayor and City Recorder are authorized to sign the agreement on behalf of the city, SECTION 3. This resolution takes effect upon signing by the mayor. This resolution was read by title only in accordance with Ashland Municipal Code 92.04.090 duly PASSED and ADOPTED this 2002, day of Barbara Christensen, City Recorder SIGNED and APPROVED this day of ,2002. Alan DeBoer, Mayor Reviewed as to form: Pa-! ~ ~ Paul Nolte, City Attorney - PAGE 1-RESOLUTION (H:\Resos & Ords\Reso re OOOT Ashland Street Transfer.doc - CITY OF -ASHLAND Council Communication Title: Update on Remaining Wastewater Treatment Plant Construction Work and Approval of Clean Water State Revolving Fund Loan Increase Dept: Finance and Public Works Departments Date: September 3, 2002 Submitted By: Lee Tuneber~ and Paula Bro~ Approved By: Greg Scol~ Synopsis: The City has been constructing major improvements to the Wastewater Treatment Plant facility under a contract with Slayden Construction (Slayden) since September 1998. Originally the wastewater treatment plant improvements were designed as two distinct pieces; the initial phase as process improvements at the wastewater tr~tment plant site (Project A), and the second phase (Project B) for facilities to be constructed on the City's hillside farmland for effluent reuse and biosolids application. Council has directed the process improvements to include new membrane filtration facilities and centrifuge biosolids handling facilities that will not depend on land application of either the treated effluent or biosolids. Staff met the Department of Environmental Quality's (DEQ) mandated completion for the new membrane filtration improvements so that permit limits to meet the strict phosphorous restrictions for Bear Creek were achieved by May 1, 2002. The project is partially funded through an Oregon Clean Water State Revolving Fund (CWSRF) Loan. Substantial completion on the process improvements was reported as of July 30, 2002, and accepted by DEQ. Payments on this loan must begin within six months and are budgeted to begin in November 2002. The interest rate per the agreement is 3.43%, which remains as an advantage to the city despite recent fluctuations in the markets. As construction on'the biosolids/dewatering facility is just beginning, the final application for CWSRF funding is being processed. The final amount of $500,000 is being requested from the DEQ through the CWSRF program. This communication is consistent with the past practice to come to Council for approval before amending the loan. Recommendation: It is recommended that the Council approve the resolution for additional loan obligation, increasing the authorized amount to $23,920,068. Fiscal Impact: A year ago, staff estimated the additional facilities to be between $10 - 10.5 Million (for a grand total of $26.6 Million plus design, redesign and construction management; $31.8 - for the total project). Current cost analysis includes all of the costs to date and are shown on the attached document. The facilities costs remain CC CWSRF Loan Increase 3Sep02.doc at $26.5 Million. Design costs have increased to $5.2 Million and the prior land and wetlands demonstration project bring the grand total for the WWTP Upgrade project to $33.2 Million. Background: Membrane Facilities: Council approved staff and Carollo's recommendation to sole-source the purchase of the Zenon Zeeweed membrane filtration unit as it operated well during the pilot testing and met all treatment objectives during the entire pilot period. The Zenon technology provides necessary operational flexibility. The submerged design of Zenon has the advantage of providing additional flocculation time in the membrane tank. The Zenon Zeeweed is a vacuum system in which air is used to agitate and clean the membranes, This air agitation injects dissolved oxygen into the final effluent as required in the City's NPDES discharge permit, The Zenon system requires no additional facilities for tertiary clarification. Staff, Carollo and Slayden Construction collaborated on a fast track design and building project, and met the construction completion date of May 1, 2002. The costs of the facility, piping, pumping, ancillary equipment were negotiated a section at a time with Slayden Construction. Each change order had an independent review of costs and was further negotiated, All of the construction, including the prior yard piping changes incurred a total cost of$3,881,695. The Zenon Zeeweed unit itselfwas negotiated for a total of$2,512,500. The total membrane facility costs are $6,394,195 and are consistent with the original estimate of $6 million. Dewatering and Biosolids Management: The biosolids management portion at the wastewater treatment plant is the final piece of a multi-year project. At the September 19, 2000 Council meeting, Council directed staff to pursue biosolids options that would not utilize land application, specifically not use the City's off-site EFU properties for any biosolids application. Several options have been explored and evaluated to provide the best options for the City, At the August 8, 2001 meeting, staff advised and received Council's approval to use a centrifuge system that allows both thickening and dewatering, Building the facility at the wastewater treatment plant ensures long-term quality control and the ability to modify operations for a higher class material should the City consider reusing the biosolids, Constructing a permanent dewatering facility will allow the City the options of either: · continuing to dewater and haul to the landfill, · mixing the material with lime slurry for a Class B material with limited reuse potential, or · creating a Class A material suitable for unlimited reuse and potentially selling the product. The design of the dewatering facility is complete and Slayden is in the process of excavating for the building, Staff, with Carollo's assistance, has negotiated a price for the construction at $2,350,000 and the facility should be completed in June 2003. Slayden Construction is scheduled to have all of the final landscaping and site work completed by August 2003. CWSRF Funding: The City obtained a loan from the Oregon Department of Environmental Quality, Clean Water State Revolving Fund loan program. The original loan amount was $17,969,671. This amount was increased to $21,767,068 in December 2000, again in December 2001 to $23,420,068, and subject to Council's approval of the attached resolution, will be revised again to a new loan amount of $23,920,068. The CWSRF program offers the City excellent rates for repayment. The additional loan encumbrance will be repaid through rates and the meals tax, Remaining Issues: I) A new permit for discharge to Ashland/Bear Creek is currently being developed. Staff has received approval on a temperature management plan. The temperature limits have not yet been specifically determined for Bear Creek and because of the basin wide approach, may not be firmed up for a year or more, This is still an issue to be negotiated with DEQ. 2) The future use or disposition of the City's EFU land is still pending, The current use of that land is through a contract with a farmer for cattle grazing, CC CWSRF Loan Increase 3Sep02.doc Page 2 of2 ,., RESOLUTION NO, 2002- A RESOLUTION AUTHORIZING AND APPROVING AN INCREASE IN THE AMOUNT BORROWED FROM THE CLEAN WATER STATE REVOLVING FUND FOR THE WASTEWATER TREATMENT FACILITIES PROJECT AND REPEALING RESOLUTION 2002-01, 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 Clean Water State Revolving Fund in the amount of $23,920,068, which increases the previously adjusted loan value by $500,000. B. The DEQ has provided to the City a form of the amended Clean Water State Revolving Fund Agreement ("CWSRF") C. The City Attorney and Finance Director are finalizing this agreement THE CITY COUNCIL OF THE CITY OF ASHLAND RESOLVES: Section 1. City authorizes and approves the form of the CWSRF Loan Agreement for the increased amount to finance the Wastewater Treatment Facility Project. Section 2. City authorizes and approves the establishment and funding of a designated reserve account to meet the "Loan Reserve" requirement of the CWSRF Loan Agreement, and directs the Finance Director to establish this Loan Reserve. Section 3. City authorizes and approves the establishment and funding of a Wastewater Rate Stabilization Account The purpose of this account is to mitigate rate shock when the Food and Beverage Tax sunsets, City directs the Finance Director to establish this account Section 4. City authorizes and directs the Finance Director and the City Administrator, acting for and on behalf of the City, to execute the final CWSRF Loan Agreement and such other and additional documents as may reasonably be required for the consummation and closing of the Loan, and any amendments required thereafter. Section 5. Resolution 2002-01 is repealed. Section 6. This resolution takes effect upon signing by the mayor. This resolution was read by title only in accordance with Ashland Municipal Code 2,04.090 duly PASSED and ADOPTED this _ day of ,2002. Barbera Christensen, City Recorder SIGNED and APPROVED this _ day of ,2002. Alan W. DeBoer, Mayor R~ed as to form, -K-~} - -- - Paul Nolte, City Attorney F:\Acctg\Wastewater\SRF\Council Communication SRF Amend 2002.doc