HomeMy WebLinkAbout2003-0617 Council Mtg PACKETCouncil Meeting Pkt.
BARBARA CHRISTENSEN
CITY RECORDER
CITY OF
-ASHLAND
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AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
June 17, 2003 - 7:00 p.m.
Civic Center Council Chambers, 1175 E. Main Street
PLEDGE OF ALLEGIANCE:
.ROLL. CALL:
APPROVAL OF MINUTES: Regular Council Meeting Minutes of June 3, 2003.
SPECIAL PRESENTATIONS &.AWARDS:
1. Presentation of GFOA Achievement to Finance Department.
CONSENT AGENDA:
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1. Minutes of Boards, Commissions and Committees.
2. Confirmation of Mayor's appointment of Fred Stockwell to the Tree Commission for a
term to expire April 30, 2005.
3. Confirmation of Mayor's appointment of Elin Silveous to the Ashland Fiber Network
Programming Committee for a term to expire April 30, 2005.
4. Confirmation of Mayor's appointments of Lexi Delgado and Brad Knickerbocker to the
Bicycle & Pedestrian Commission for terms to expire April 30, 2007.
5. Liquor License Application from Davin Light and Francesca Fericano dba
Josephine's at 290 E. Main Street.
6. Deed Exchange to cure property description gap in unnamed alley intersecting
Ridge.
7. Approval of Quitclaim Deed to remove easement on Perozzi Property.
8. Approval of Agreement No. 20,858 - Walkway/Bikeway Project Agreement at Lithia
Way and Oak Street between the City of Ashland and the Oregon Department of
Transportation.
9. Approval of Amendment No. 1 to Agreement No. 19489 - 2001 Oregon
Transportation Initiative Act Agreement- Siskiyou Boulevard @ Lithia Way and E.
Main Street between the City of Ashland and the Oregon Department of
Transportation.
10. Fireworks Regulations within City of Ashland.
11. Reading by title only of "A Resolution amending pay schedule for management and
confidential employees for fiscal year 2003-2004."
COUNCIL MEETINGS ARE BROADCAST LWE ON' CHANNEL 9
VISIT THE CITY OF ASH. LAND'S WEB SITE AT WWW.ASHLAND.OR.US
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PUBLIC HEARINGS: (Testimony limited to 5 minutes per speaker, unless it is the
subject cfa Land Use Appeal All hearings must conclude by 9:30 p.m. or be continued
to a subsequent meeting.)
1. Public Hearing and Decision on the Modification of the Action Plan for the One Year
Use of Community Development Block Grant Funds for Program Year 2001-2002.
2. Public Headng regarding adoption of a supplemental budget for 2002-2003.
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.)
UNFINISHED BUSINESS:
(None)
NEW AND MISCELLANEOUS BUSINESS:
1. Mayor's Appointment of Interim Police Chief.
2. Discussion regarding Transient Occupancy Ta_~...,,.
O.~J~ESOLUTIONS AND CONTRACTS:
tn Ordinance Amending Ashland Municipal Code Section 6.28.035
ions applicable to Pedicabs."
~n,d re, ad, ing--~'~]-t~ only of "An Ordinance Levying Taxes for period July 1,2003
~d i~c~u(Jif~r,Juf~3'~30, 2004, such taxes in the sum of $8,008,000 upon all the
Real and Personal Property subject to Assessment and Levy within the Corporate
Limits of the City of As~!an1373~3r'c~unty, Oregon."
3. Reading by title only (~L~__..~olution A_~d...0pting a Supplemental Budget Establishing
Appropriations with in. jJ~2i~2~t~c:B~get.''
4. Reading by title onlyf,,0_f "A Resolution Tr_~sferring Appropriations within the 2002-
2003 Budget."
Reading by title only of ~esolution~g Canvass of th~.~.g~9~E!~on
5. Held in and for the City of Ashlana on May 20, 2003 and M~clamation."-"-~
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
LIAISONS:
ADJOURNMENT:
In compliance with the Americans with DisablTities 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).
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COUN£'IL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9
VISIT THE CITY OF ASHLAN.D'S WEB SITE AT WWW.ASHLAND.ORiUS
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
June 3, 2003 - 7:00 p.m.
Civic Center Council Chambers, 1175 E. Main Street
CALL TO ORDER
Mayor DeBoer called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilor Laws, Amarotico, Hartzell, Jackson, Morrison and Hearn were present.
APPROVAL OF MINUTES
The minutes of the Regular Council Meeting of May 20, 2003 and Executive Meeting Minutes of May 20
were approved as presented.
SPECIAL PRESENTATIONS & AWARDS:
Mayor invited Larry Christensen, Exalted Ruler of the Ashland Elks Lodge to acknowledge 7th grader Jessie
Stanton who won first place in the National Award for Americanism essay contest sponsored by the Ashland
Elks Lodge. Jessie read his essay aloud.
Proclamation of June 14th, 2003 as Flag Day in the City of Ashland was read aloud.
CONSENT AGENDA
1. Minutes of Boards, Commissions and Committees.
2. Confirmation of Mayor's reappointment of Jack Sabin, and appointments of Helen Smith and Nell
Kunze to the Hospital Board for terms to expire June 30, 2007, and initial appointment of Steve
Miner as the 12th Hospital Board member for term to expire June 20, 2006.
3. Annual Liquor License Blanket Approval.
4. Ambulance License Renewal.
5. Hazard Trees Removal on City Property.
6. Adoption of Findings for Planning Action 2002-089, 3151 East Main Street (annexation).
Councilor Morfison requested that item #5 be removed from Consent Agenda for further explanation.
Councilor HartzellfLaws m/s to approve Consent Agenda items #1-4 and #6. Voice Vote: all AYES.
Motion passed.
Chief Woodley clarified for the council the types of vegetation that would be removed in the process of
removing hazard trees in front of the Hosler Dam.
Councilor Morrison/Jackson mis to approve Consent Agenda item #5. Voice Vote: all AYES. Motion
passed.
PUBLIC HEARINGS
1. Public Hearing to consider adoption of 2003-2004 Budget.
Finance Director Lee Tuneberg briefly explained that this is the third phase of the annual budget process,
which is to hold a public hearing and to adopt resolutions and ordinances to complete and "set" the budget
for FY 2003-04.
PUBLIC HEARING OPEN: 7.' 15 p.m.
PUBLIC HEARING CLOSED: 7:15 p.m.
PUBLIC FORUM
Jack Hardesty/575 Dogwood Way/Spoke regarding the Chamber grant by the City. He voiced his concern
with how this grant money is being spent and what he felt were ineffective programs. He does not see what
the Chamber has done to influence the City and to help business. He feels that marketing should be directed
toward all areas of our culture, not just theater and OSF. He suggested that the council set forth the following
three initiatives for the Chamber:
· Require the Chamber to produce Annual Reports documenting their progress;
· Create an Annual Marketing Plan that holds new initiatives; and
· Hire a marketing/advertising/public-relations professional that could oversee progress and take an
unbiased stand when evaluating the reports.
UNFINISHED BUSINESS (None)
NEW AND MISCELLANEOUS BUSINESS:
1. Cable Franchise Renewal Status - Charter.
City Attorney Paul Nolte presented an update on the negotiations with Charter Cable. It is being suggested
that the new contract would raise the PEG access fee from $.60 per subscriber to $.75 or even $1.00. PEG
is the Public, Education, and Government Programming, and is used for programming on such channels as
8, 9, 31, and 33. Charter has argued that raising their rates could result in them loosing their competitive edge
with their customers. Charter would not pay the PEG fees themselves, but rather pass it on to their
subscribers.
An altemative to the increase in PEG access fees, would be a lump sum of $75,000 paid by Charter to the
City. The dollars resulting from an increase in the PEG access fees would go to RVTD, and could be used
to refurbish the council chambers and supplement operational costs. While the lump sum dollar amount could
only be used for capital improvements. Staff is seeking direction from the Council on which they think would
be most beneficial for the City and its subscribers.
Charter has also requested some changes with their agreement. They would like to change the definition of
gross revenues so launch fees are not considered revenue. Nolte clarified that although he did not agree with
the change, it would not make a big impact to the City, and is not worth arguing over. Charter has
complained that satellites are not being charged the same PEG access fees. They are also requesting the City
go from six public access channels, down to five. Stating that the sixth channel is not is use. The City is
soliciting RVTV for feedback in this matter.
It was suggested by the council that whatever the increase may be, it is consistent with what our other vendors
are paying (AFN). Nolte noted that the contracts have been reduced from twenty years down to five years
each due to increasing technology and growth in this area. In summary, the negotiations with Charter have
been going very well on the local level, though difficulties have been encountered when dealing with the
national representatives. If negotiations break down, issues would most likely go to mediation for resolution.
It was noted that the City is not required to renew their franchise agreement, though it will be up to the City
to prove that their services are not adequate in order to do so.
Council agreed that staff should continue with negotiations and bring back a proposed franchise for council
review and approval.
ORDINANCES~ RESOLUTIONS AND CONTRACTS:
1. Second Reading by title only of "An Ordinance Amending Sections 15.04.220, 15.16.240 and
15.20.040 of the Ashland Municipal Code to Provide that Fees for the Mechanical, Plumbing and
Electrical Codes be Set by Resolution of the City Council."
Councilor Morrison/Laws m/s to approve Ordinance # 2896. Roll Call Vote: Amarotico, Laws,
Hearn, Jackson and Morrison, YES; Hartzell was out of the room. Motion passed.
2. Reading by title only of "A Resolution Adopting the Annual Budget and Making Appropriations."
Finance Director Lee Tuneberg briefly spoke on the issue of fund balances and how they are keeping with
the projections made.
Councilor Hearn/Morrison m/s to approve Resolution # 2003-21. Roll Call Vote: Laws, Jackson,
Amarotico, Morrison, Hartzell and Hearn, YES. Motion passed
First reading of "An Ordinance Levying Taxes for period July 1, 2003 to and including June 30,
2004, such taxes in the sum of $8,008,000 upon all the Real and Personal Property subject to
Assessment and Levy within the Corporate Limits of the City of Ashland, Jackson County,
Oregon."
Councilor Laws/Jackson m/s to approve first reading and move to second reading of ordinance. Roll
Call Vote: Hartzell, Hearn, Morrison, Amarotico, Jackson and Laws, YES. Motion passed.
4. Reading by title only of "A Resolution declaring City's election to receive State Revenues."
Councilor Hartzell/Morrison m/s to approve Resolution # 2003-20. Roll Call Vote: Hearn, Morrison,
Jackson, Hartzell, Amarotico and Laws, YES. Motion passed.'
5. Reading by title only of "A Resolution Certifying City provides sufficient municipal services for
qualify for State Subventions."
Councilor Hartzell/Jackson m/s to approve Resolution # 2003-19. Roll Call Vote: Hearn, Laws,
Hartzell, Jackson, Amarotico and Morrison, YES. Motion passed.
OTHER BUSINESS FROM COUNCIL MEMBERS
Councilor Laws mentioned that it is his intention over the next couple of years to work with the OSF,
Chamber, and local citizens to attached specific objectives to the Economic Development Plan. Including
tracking how the money was used, and establishing performance indicators to track the progress. The goal
is to have all of these factors set and in place by next years budget.
Councilor Jackson wanted the public to know that the Council attended over 30 hours of discussions that were
held at the Budget Committee Meetings before they came to a final vote this evening.
Councilor Hartzell commented on the OSF and the Chamber of Commerce. She mentioned that both groups
were interested and supportive of further discussions involving the Economic Development Plan.
Mayor DeBoer relayed two openings within the Bicycle Commission, and urged citizens to apply if
interested. Them was some discussion that the Bicycle and Traffic Safety Commissions could be combined,
and it was verified that there are joint sessions planned for the future. Citizens' input on this matter is
welcomed.
Councilor Hartzell asked for Council support on getting a report from the Committee for the Youth Activity
levy. She would like an update on how they were doing, and if any assistance from the Council was needed.
Hartzell proposed adding this as an agenda item for one of the regular meetings that are televised.
Councilor Morrison requested a progress report on the recruitment for a Chief of Police. Grimaldi informed
the Council that they are presently soliciting public input, and are in the process of selecting a consulting firm
that will assist in the search. They are seeking a firm that has a strong record for placement, and will provide
a thorough background check for the applicants. Candidates will start interviewing early to mid September,
and will possibly have the position filled by October. It was noted that the Parks Commissioners are also
requesting public input on the search for a new Parks Director.
Paula Brown came forward to give an update on the Siskiyou Blvd renovation. She explained that they are
still moving forward on the project, though the City had requested a stop to tearing up any more pavement
or concrete until after the Fourth of July. Next week the medians will be filled with 'sod, and everything
should be ready for the upcoming graduations and parade. They are requesting the public refrain from
placing chairs or blankets on the new grass until the day of the parade, After the Fourth of July, construction
will continue, and they are scheduled to pave Siskiyou Blvd. in September.
Brown reported that testing for Hosler Dam this week was positive. Last weeks Silent Test was wired
incorrectly, but they have re-wired the box and all alarms responded correctly. Questions were posed as how
to get the word to all of the community and visitors in the event that there is an actual emergency.
Mayor reminded citizens that the fire season has started. He urged citizens to use caution, especially with
fire works during the Forth of July. He also noted the study session on homelessness that will be held
tomorrow, June 4th at 12:00 p.m.
ADJOURNMENT
The meeting was adjourned at 8:10 p.m.
Barbara Christensen, City Recorder Alan DeBoer, Mayor
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Bicycle and Pedestrian Commission
MAY 15th, 2003
Regular Meeting Minutes
Roll Call
Chapman, Nutter, Baxter, and Catron were present. Hartzell arrived late.
Call to Order
Chapman called the meeting to order at 5:08 p.m.
Approval of Minutes
The minutes of April 17th, 2003 were approved as presented. Voice vote: All AYES. Motion passed
Public Forum
None.
Bike Swap
Chapman reported that former commissioner Lexi Rewcastle had agreed to manage the Bike Swap. Rewcastle added that the date
selected is May 31 st at the Grove, 1145 East Main Street and asked whether all members could attend and bring 2 or 3 friends each.
Catron stated that he needed to check on the availability of senior police volunteers. Catron stated that he would contact Rewcastle by
Friday evening about the availability of volunteers. It was noted that volunteers were needed from 11:30 a.m. to 5:30 p.m. There was
discussion the money needed for advertising.
ChapmanfNutter m/s to give the Bike Swap $250. Voice vote: All AYES. Motion passed.
Proposal for the Operation of a Bicycle Taxi Service (PediCab Bicycle Taxi Service/Dylan Robbins & Edward
Rod_qers)
Robbins explained that they were proposing to mn a bicycle taxi service in Ashland. He discussed the city municipal code
requirements to operate under a special vehicle permit, and hindrances that prohibit soliciting rides or delivering passengers to a point
other than to their point of origin, in addition to restricted travel on certain streets, and he clarified that special vehicles were things
like horse drawn carriages and pedicabs. Baxter noted that the special permit had meant that the horse drawn carriage had to start at
the plaza, do a loop through the park, and remm to the plaza. Robbins noted that they were proposing to shuffle tourists to and from
the downtown and travelers accommodations, and to A Street Marketplace.
Catron asked about the proposed route, and it was explained that the proposed route would encompass A Street to the Minute Market
and to SOU. Catron questioned the timing of service and days of operation, and it was noted that Robbins and Rodgers were still
determining what would work best. They clarified that the service would probably operate only during the summer months, May
through September. It was noted that they would prefer to operate more like a taxi service, but this is prohibited under the municipal
code.
Robbins described the vehicle to be used and noted that he had operated a similar service in Austin. He noted that the fees typically
involve the driver working for tips, and added that the sign would state driver works for tips or $50 per hour. Robbins added that the
business would be insured, and he pointed out that several companies provide the necessary insurance.
Robbins discussed changes he would like to see in the municipal code to address the operation of pedicabs, and noted that he had
discussed these changes with the City Attorney and City Administrator and provided samples of other cities' codes relative to
pedicabs.
Chapman inquired about Robbins' experience operating in Austin, and Robbins stated that it was set up when he arrived. He noted
that the drivers were required to get a chauffeur's license, and drivers could take pedicabs on roads that were closed to motor vehicles.
Nutter questioned if these cabs could travel in a bike lane, and Robbins stated that they did.
Hartzell expressed concern that A Street is already extremely congested, and the city receives frequent complaints of drivers taking off
mirrors when passing each other. Chapman suggested that even though on a bike, it was appropriate to take a lane there. Nutter
agreed, and stated that it might be good to slow traffic.
2003-0515_Bike Min. doc Page 1 o. f 2
Hartzell asked if the cabs had electric motors to help on hills. Robbins responded that there are power-assist models available but they
are not proposing to use them. Robbins explained that the models he had in mind were geared lower for hills.
Chapman asked what travel speeds were likely to be, and explained that the Traffic Safety Commission will want to know this in
determining whether the cabs are a potential impediment to traffic. Robbins recognize the need to balance being a traffic calming
agent versus being an impediment, and he emphasized that he didn't not want to impede traffic.
There was discussion of the potential need for certification and training, and members suggested that there must be an Oregon
chauffeur's license that would be comparable to what was required in Austin.
Members discussed concerns with traffic levels on A Street. Nutter noted that a pedicab takes up considerable less room than a car.
Harris added that motor vehicles are not restricted from using A Street due to congestion, and she pointed out that city plans and
policies call for multimodal equity.
Nutter/Catron m/s to support the pedicab proposal and direct staff to draft a letter to the City Council and Traffic Safety
Commission highlighting the key points of the discussion. Discussion: Robbins stated that he welcomed any input from
members prior to his appearance at the next Traffic Safety Commission meeting. Hartzell asked that the staff letter mention
the discussion of A Street traffic concerns. Chapman noted that there should be no time restriction on the pedicab operation
as they would need to find out what works, and there was discussion of whether it was equitable to restrict taxis. It was noted
that promoting this service would reduce automobile traffic. Use of the Central Ashland Bike Path was also discussed. It was
pointed out that the issue of certifying drivers would have to be dealt with. There was discussion of other pedicab companies
operating, and Robbins noted that his strength was that he has done this before. He emphasized that if he could maneuver in
Austin traffic, Ashland traffic should be no problem. Members discussed the need to consider A Street and being equitable to
multimodal transportation, and of the issues around stopping and unloading passengers along A Street. It was suggested that
there should be no time restriction, or location or area restrictions in the name of modal equity. Voice vote: All AYES.
Motion passed.
Bike Lanes on North Mountain Avenue
Nutter stated that bike lanes on North Mountain were a good idea. Baxter stated that he bikes on North Mountain every day, and that
hc is struck by how little parking is used on North Mountain outside of events at the temple. Hartzell suggested looking at parking
solutions along Mountain near North Mountain Park. Chapman emphasized that bikes should not be displaced. Hc added that the
grecnway will bc extended to this park and it will see an increase in bike traffic.
Baxter/Catron m/s to direct staff to draft a letter to the Traffic Safety Commission expressing this commission's support of
bike lanes on North Mountain Avenue. Voice vote: All AYES. Motion passed.
Crosswalk Enforcement
It was noted that the fa'st action resulted in sixteen stops, with eight violations and eight warnings. Catron stated that drivers should
be triple f'med. Members were informed of the next action, to be held at 2:00 p.m. on Thursday, May 22"d. Baxter suggested that it be
held along Ashland Street, either near Key Bank or at the Normal Street intersection.
Aqenda Items for Next Meetin_~
Adjournment
There being no further business, the meeting was adjourned at 7:00 P.M.
Next Meetinfl
5:00 p.m. on June 19tn, 2003
2003-0.515.._Bike Min.doc Page 2of2
ASHLAND CITY COUNCIL STUDY SESSION
Wednesday, June 4, 2003 at 12:00 p.m.
Council Chambers, 1175 East Main Street
CALL TO ORDER
Mayor DeBoer called the meeting to order at 12:07 p.m.
ATTENDANCE -
City Council: Councilor Laws, Amarotico, Hartzell and Hearn. Councilor Morrison was absent.
Jackson arrived at 12:35 p.m.
Staff: City Administrator Gino Grimaldi, Communication Manager Ann Seltzer, Community Development Director
John McLaughlin, Police Chief Scott Flueter and Senior Program Manager Sharon Laws.
I. HOMELESSNESS
1. Education - Framing the problem
Jackson County Homeless Task Force (HTF) co-chairs Ed Angeletti, ACCESS Inc., and Bill Yaeger, Salvation
Army, spoke regarding the Homeless Task Force. The purpose of this organization is to examine the entire
community's homeless needs and resources, identify the gaps and priorities, establish goals, and implement long
range goals that address the gaps and priorities identified by the community. Their ultimate mission is to eliminate
homelessness and its root causes, and to improve the quality of life for the person and the community.
Angeletti presented GAPS analysis indicating estimated unmet needs, homeless counts in Jackson County, and the
top five responses for the cause of homelessness. He briefly touched on the breakdown of the homeless population
in Jackson County, which included: adults with disabilities, veterans, youth, single adults without children, and
homeless families. Angeletti spoke on the top five root causes of homelessness in Jackson County, which included:
· Loss of income/employment
· Low income
· Domestic Violence
· Drugs/Alcohol
· Mental Illness
Yaeger explained the Salvation Army has a 2-year program that works to incorporate the homeless back into the
community work force. Their program provides the necessities like food, laundry, shelter, and counseling to develop
an individual to become employable. This center can assist 44 people at a time, and they process over 300 homeless
people a year.
2. Community Works, StreetWise
DawnDee Elliott, Homeless Youth Advocate spoke regarding the homeless teen population in Jackson County.
StreetWise has two drop in centers, one in Ashland and one in Medford, and works with youth ages 11-22. The
centers are open 13 hours a week, and volunteers spend 18 hours a week visiting with the homeless youth in the
community. Their services are free of charge and can be used as often as necessary.
Their program is faced with a number of issues. The first is getting the youth into these centers. Many of the young
homeless aren't ready to ask for help or acknowledge that there is a problem, and some feel that it is safer for them
to stay on the streets than at home or in a shelter. Also, the Ashland center is located next door to the police station,
which frightens many of the teens away. Once they do come in to the center, they are helped with some of the basic
necessities, including food, water, sleeping bags, hygiene supplies, counseling, and referrals for other services. If
they are over 18, StreetWise can help them get started in an 18-month program that will assimilate them back into
the community. They work toward getting the youth their GED (if they were not able to complete high school), and
help to teach life skills that will enable them to receive employment.
The biggest problem this organization faces is finding a safe place for the youth under 18 to stay. If they do not
have family or friends that will take them in, StreetWise has no place to send them because they are still minors and
are not eligible for the other programs. An Emergency Shelter for youth under 18 is much needed. There is also a
strong need to get the word out to the homeless youth population, as many of are not aware such a facility exists.
Last year these centers logged over 700 visits by homeless teens, but they have not yet been able to reach the
majority of the homeless youth population.
3. Interfaith Care Community of Ashland (ICCA)
Sharon Schrieber, from ICCA spoke about their role in the Continuum of Care, the services they provide, and the
trends and challenges they face. County wide they assisted 26,000 homeless last year, almost ½ of which came from
Ashland. Sharon spoke of the trends of homeless here in Ashland. Ashland is becoming known throughout the
region as a safe haven for transients because of its reputation as a nice, safe, and caring community. On average,
only 25% of the individuals she assists in Ashland have lived here for over a year.
Their organization works with all of the other homeless care centers, and offers a wide variety of services, including:
food bank, showers, clothes, prescriptions, transportation, telephone and computer use, and mentoring. She
expressed the need for housing available for the young homeless and also family housing. Their organization has 3
houses in Medford, but none in Ashland. She commented that when housing becomes available in Medford or
Grants Pass to Ashland homeless, they will often turn in down because they do not wish to leave this community.
She stressed that the best way to keep families from falling into homelessness is to keep them in their existing home.
Their organization will often get a hold of landlords and bill collectors to keep families where they are, but in the
end it comes down to dollars and cents and the families fall into homelessness. She noted those families and
citizens, who have recently become homeless, have a much higher success rate of returning to the community, than
the chronically homeless who willingly choose that lifestyle.
4. State of Oregon Employment Agency
Bob Satnik with the Oregon Employment Department spoke briefly about their services. He stated their agency
does not have any programs that target the homeless directly. They do have a program set up for Veterans, where
they are qualified to receive a free bicycle for transportation. He noted that they treat all applicants the same, and
that anyone who would qualify for work is eligible to use their services. Satnik stated that Oregon has one of the
highest unemployment rates in the country. More people want to live and work in this valley than the general
growth of the economy will support. He followed up with a few statistics. Last year approx. 24,000-25,000 people
in Jackson County registered for their services, between 2,500-4,000 actually registered as being out of work. Their
agency was able to place 10% (about 2,400-2,500), and 10% of those people were from Ashland (about 250).
5. Camping enforcement issues and possible protocol options.
Police Chief Scott Fleuter presented a map of areas that the homeless tend to camp at night. He spoke briefly on the
Police Department's protocol when encountering the homeless. They have a voucher they can provide for
emergency situations, and have put together a reference book that lists resources, but it needs updating. He noted
there is no homeless shelter in Ashland, and there is a need for transporting people to the Medford Gospel Mission.
Fleuter mentioned that and Emergency/Temporary Shelter here in Ashland would be helpful.
When officers encounter camps on public property they are required to post a warning, if it is private property, they
can offer a citation for trespassing, but this happens very rarely. Fleuter stated that it is unfair to say that the
homeless people are the reason for increased crime in Ashland. He concluded that that majority of burglaries are the
result of younger adults, many of which are supporting drug habits. Homelessness is not the qualifying issue when
officers are called out; rather the activities involved will often lead to arrests and tickets.
Kirk Dunlap, a local homeless resident, spoke briefly about his personal rights. He feels that he is not violating any
laws and should be able to challenge the system.
6. Community Health Center
Peg Crowley spoke regarding the services that the Community Health Center provides to the community. Crowley
stated the best thing that we can do is to help people avoid becoming homeless, and that this is being done through
the SafteyNet Program. She felt that a continued investment is important to these programs, as transient numbers
are expected to continue to increase. She concluded by saying that our community has done a good job of helping
those who ask for it, but it is necessary to make everyone aware that there are services available for those in want it.
Council commented on the following issues:
· That Jackson County Task Force is a good program, and we need to start to solve the homeless problem by
seeing how Ashland works with the existing programs that are in place in the region
· Concern that Ashland could become a destination for the homeless, and that by using resources to solve a local
problem, we could end up attracting homeless people on a national level
· For the Council to stay better informed on what types of issues these organizations are facing. The Council
could then choose to either invest or not invest, and plan appropriately for future budget purposes.
· Remarks on how a lot has been heard about the symptoms of homelessness, but not about the solutions to avoid
such a problem.
· Opinion that the homeless issue is part of the general social services that needs to be provided. That it is no
immediate crisis that would require action in the middle of the budget year, but that increased funding is a topic
that should be considered at the time the budget is started.
· That our community supports organizations we already have, and to use existing programs.
The meeting was adjourned at 2:00 p.m.
Respectfully submitted,
Barbara Christensen, City Recorder
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
MAY 13, 2003
CALL TO ORDER
Chair Russ Chapman called the meeting to order at 7:05 p.m. Other Commissioners present were Mike Moms, Kerry
KenCaim, Colin Swales, Cameron Hanson, John Fields, Dave Dotterrer, Ray Kistler and Marilyn Briggs. Staff present
included John McLaughlin, Bill Molnar, Maria Hams, and Derek Severson.
APPROVAL OF MINUTES AND FINDINGS
Fields/Hanson m_/s to approve the minutes from the April 8, 2003 hearings board meeting with an amendment to page 3,
where Chapman had asked Swales to exempt himself from the item if it came before the full commission. The minutes
were approved as amended.
Kencairn/I-Ianson m/s to approve the minutes from the April 8, 2003 regular meeting. The minutes were approved as
presented.
Fields/Kistler m/s to approve the minutes from the April 22, 2003 hearings board meeting. The minutes were approved
as presented.
Fields/Kistler m/s to approve the findings for the Stott applications, PA #2003-023 & PA #2003-025. Voice vote: Ali
AYES. Motion passed.
Fields/Kistler m/s to approve the findings for the Van Vleck, PA #2003-018. Voice vote: All AYES. Motion passed.
Swales/Kencairn m/s to approve the findings for the Webster Street SOU application, PA #2003-032. Voice vote: All
AYES. Motion passed.
PUBLIC FORUM
Michael Donovan1110 Westwood Street distributed the Ashland Woodland Trails Association (AWTA) newsletter to
commissioners along with an announcement of the upcoming National Trails Day events. He explained the background of the
AWTA organization, and discussed its vision to create a necklace of trails and open space around Ashland. He pointed out that
they raise money and seek grants to this end, and that they are working to build parmerships. He discussed several current
grants, and asked all interested to join the AWTA in Lithia Park on Saturday for National Trails Day.
TYPE II PUBLIC HEARINGS
Chapman read an explanation of land use public hearings for audience members unfamiliar with the process.
PLANNING ACTION 2002-151
OUTLINE PLAN FOR AN 83-LOT SUBDIVISION
APPLICANT: NORTH MOUNTAIN LAND COMPANY, LLC
Site Visits and Ex Parte Contacts - Dotterer noted that he had made a site visit since the last discussion of this development, and
he added that he had not attended the previous meeting. Kistler noted that he had a conflict of interest and exited the meeting.
STAFF REPORT
Senior Planner Bill Mo[nar presented the staff report. He stated that this meeting was a continuation of the original hearing
held March 11th and he recognized the amount of information involved. Molnar added that he would not be restating items
from the previous hearing, but that he would be addressing some of the finer details of the current proposal.
Mo[nar explained that one issue that had come up previously had to do with solar access. He went on to note that the original
application had asked for a large scale waiver of the city's solar ordinance for this development. He reported that both staff
and the commission were concerned with granting that level of waiver and as such they had asked for additional submittals
more in keeping with the city's solar ordinance. Mo[nar added that Dick Wanderscheid, director of the city's Electric
Department had since submitted a memo underlining the importance of preserving solar access.
Mohiar presented a color-coded site plan in order to clarify applicants' current request. He explained that they were proposing
three scenarios: 1) lots with right-of-way, including alleys, to the north would comply with city solar access standards for class
B lots; 2) single family, detached homes, with an east-west orientation, away from Greenway Drive and having a narrow north-
south dimension would shadow no more than four feet high on the south facing wall of homes to the north AND would be
allowed north facing upper story dormers that would be exempt from this shadowing requirement along a maximum of thirty
percent of their east-west dimension; 3) townhomes and attached houses, where separated, would be considered class B lots
and allowed a sixteen foot shadow height. Molnar suggested that with fifteen to nineteen feet between units, the actual
shadowing would likely be in the nine to twelve foot range. Molnar discussed the severe, west facing slopes as a difficulty in
meeting solar ordinance requirements as the western edge of a building winds up well above natural grade.
Dotterer questioned how much effect a dormer had on shadow height, and Molnar responded that it could shade windows if
they were directly aligned. Dotterer questioned why city has two solar standards in the form of A and B lots. Molnar
explained that when the solar ordinance was adopted, there was an understanding that there are a ;¢ariety of lots in Ashland, and
a stricter solar standard would render some of these lots, such as those with a narrow north-south dimension or those with a
north slope, un-buildable. He added that the hillsides that are all around the city would render many more lots unbuildable.
Chapman asked whether a variance was being requested. Molnar clarified that because this proposal is part of an outline plan
submittal, the applicants are allowed to request what amounts to solar performance standards. He explained that this allows for
more leeway in the siting of buildings, and he stated that while in a sense it amounts to a variance, it serves to allow the
applicant more flexibility. Molnar stated that the main concern from staff's perspective is with the exemption for upper level
dormers as the staff does not feel that there is an adequate justification in the applicants' submittal. Molnar referenced page
three of the staff report which cites approximate house sizes of one thousand fifty to thirty one hundred square feet based on
current city solar standards, and he noted that the applicant proposes to allow an increase to sixteen hundred to thirty five
hundred square feet and with the additional allowance for dormers to seventeen hundred to thirty six hundred fifty square feet.
Molnar suggested that staff finds the allowance of a 4' shadow with a sixteen hundred to thirty four hundred square foot house
size to be satisfactory, and he reiterated that the allowance for dormers is not recommended. Molnar further explained that this
would still allow for second story living space although it would likely need to be south facing. Molnar recognized that there
were topography issues for the red areas on the site plan to justify the use of solar standard B, especially given the higher
density allowed under this zoning. He suggested that there needed to be a balance between design and the envisioned density,
and he clarified that some relaxation of the solar standards was needed. He emphasized that without specific design details
from the applicant, staff had to rely on their own estimates.
Hanson asked to what percentage of the maximum density this development was being built, and Molnar discussed the density
allowed given the presence of three zoning overlays over sixteen acres. He explained that there were 5.71 acres with a base
density of twelve units per acre, 1.44 acres zoned for 5 units per acre, and 4.24 acres envisioned for 3.6 units per acre. He went
on to note that the North Mountain Neighborhood Plan (NMNP) states that proposed density must fall between seventy five
and one hundred ten percent of the base density. He pointed out that the base density here, between the three overlays, allows
for ninety one units, and he added that this means the proposal is at eighty seven percent, well within the allowed range.
Molnar also reported that 2.3 acres within the development are zoned neighborhood commercial with a base density of twenty
units per acre, but he clarified that the neighborhood commercial zone is not bound by a minimum density. He explained that
those 2.3 acres could go to 46.2 units, and he emphasized that the applicant is only proposing thirteen units here. Molnar also
pointed out that if the commercial uses were converted to residential, there would still be only twenty four units where the
zoning would allow for forty six.
Swales asked for clarification that no density was being taken from the flood plain area. Molnar stated that while the
application included discussion of some density transfer between overlays, none of these transfers were out of the flood plain.
Molnar pointed to 1.4 acres slated for an R-l-5 density of seven to eight units while the applicant proposes twelve units, which
is more than one hundred ten percent. He emphasized that staff was looking for the overall planned density of the development
here, and he recognized that this area is flatter and easier to build.
Briggs asked whether staff's unit calculations were based on one dwelling unit per lot. She pointed out that the applicant was
requesting accessory residential units to be associated with some of the residences. Molnar stated he believed he had included
these in the calculations, and he added that in either case the proposal is within the allowable density allowance. Molnar
clarified for Briggs that the thirteen units above the commercial spaces are not subject to density standards, whereas the
seventy nine residential units fall within the standard. McLaughlin emphasized that the applicant could propose one hundred
thirty seven units with the forty six commercial and ninety one residential. Molnar reiterated that there was no transfer for the
floodplain area, and McLaughlin pointed out that accessory units are not included within base density calculations as the city's
intent is to ~ncourage accessory residential units.
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Molnar discussed some grading concerns with the neighboring development. He noted that the staff proposes a condition
thirteen that at the final plan stage, the grading plan will be submitted to ensure appropriate transitions for the extension of
streets to the south. He added that staff feels they will have an idea of how the development to the south will be laid out by that
time.
Molnar raised the issue of potential wetlands on the site, and he discussed one potential wetland area at the northeast corner of
the site. He noted that the proposal has three streets penetrating that wetland, and he added that this would likely trigger a
Division of State Lands (DSL) permit. Molnar added that rather than trying to preselwe a smaller area between these three
streets, staff feels it is more appropriate to mitigate their removal offsite within the floodplain in the water quality detention
area for storm water mn-off. Molnar stated that this detail is shown on the utility/storm water layout in the large, spiral-bound
packet from the March meeting.
Molnar noted the requirement that natural features such as trees and wetlands must be identified and incorporated into the
development. He stated that the applicant had identified this wetland and would incorporate it into the open space at the
floodplain. Molnar stated that a wetlands ecologist employed by the applicant has found that the site in question is not a
significant wildlife habitat, does not serve a role in flood control, and does not preserve water quality. Molnar concluded that
the commission can condition approval on the applicant receiving the appropriate state permits or can make the finding to
require that the applicant incorporate this wetland into the project where it was originally located. Molnar noted that this
would have consequences to the street layout.
Molnar discussed the five hundred fifty foot section of Nevada Street that is proposed as unimproved street, and he added that
this 'Creates a concern for staff given the size of the development. He reiterated this concern, and stated that it was especially
important without a traffic study from the applicant. He noted that dust control was also an issue. He pointed out that fire and
other emergency vehicle access could be another concern given the amount of development occurring. Molnar reported that
staff was therefore recommending a condition twenty six to require that this section of Nevada Street be paved from Greenway
Drive to North Mountain Avenue. Molnar pointed out that staff has discussed this issue with the applicants, and he noted that
the applicants may be eligible for systems development charge credits given that the Transportation Systems Plan includes this
section of Nevada Street and proposes upsizing it to collector status. Molnar explained that he had discussed this matter with
the Public Works Director and the Director of Community Development, and the consensus was that the main concern is with
getting this section paved. Molnar clarified that at this point, the question was to decide whether this section should be paved,
not when or how that could be accomplished.
Molnar noted that since the March meeting, a neighboring property owner Kelly Quinn has submitted a proposal for an
alternate street layout. Molnar stated that this was on a legal-sized sheet in the packets, and he pointed out that Quinn had been
involved in the NMNP process. Molnar stated that Quinn's concerns came out in response to the Nevada Street relationship.
Molnar explained that staff finds this proposal to be more consistent with the adopted plan and that it would not require the
proposed major plan amendment. He suggested that staff had felt it was worthy of being presented to generate a response from
the applicant.
Molnar recapped the major points he had cited: solar, grading, the wetlands, and the street improvements to Nevada Street..He
added that based on the March meeting, he felt the solar issue might be the major point of discussion. Molnar concluded that
staff has prepared twenty seven suggested conditions, and he added that a twenty eighth might be needed to address revised
solar guidelines.
Chapman raised the issue of Mat Mat's question about the percentage of open space proposed in the plan as two percent versus
the required five percent. Molnar noted that in the NMNP the increased density was offset by floodplain donations to develop
the greenway and all other open space required was identified in the NMNP. He emphasized that staff feels that the project
complies with the NMNP's identified open space. He added that staff had not given the applicants any suggestion that five
percent open space was required.
With regard to the Nevada Street bridge issue, Molnar suggested that property owners would sign in favor of a local
improvement district (LID) for the bridge. He recognized that the applicants were opposed to this required condition eight.
Molnar reported that staff did not have problem with the removal of this condition, and he noted that if the city council felt an
LID was needed it would likely extend well beyond the area of this development. He clarified that the intention behind the
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improvement would be to reduce congestion from Oak Street and the North Mountain Avenue area, and he recognized that it
would be challenging to identify all of those who were benefited. Chapman clarified that the issue before the commission is to
decide whether commissioners feel requiring a signature in favor of an LID is appropriate.
Assistant Fire Chief and Fire Marshall Dave Hard stated that his understanding of the bridge issue had changed since the
March meeting. He went on to explain that the bridge had been scheduled for construction in 2008, but that it had since been
bumped out to 2009 as a part of the budget process. Hard added that he had spoken to the Public Works Director and been told
that the bridge construction could well be moved out as far as 2011 due to budget issues. He stated that most of the bridge
costs would be paid out of SDCs, and he pointed out that the city is not hopeful about receiving an ODOT grant given that this
bridge is not major relative to the ODOT system in Ashland. Hard suggested that the options are:' 1) to live with the possibility
of bridge construction being delayed until 2011; or 2) to £md another way to address the issue here. Hard stated that he could
live with a five year construction timeline for the bridge assuming that the development would be built out in three years, but
he emphasized that budgetary concerns could push the bridge five years past full build out of the development. He added that
during that time, there would very likely be other developments in the area. Hard recommended that the Planning Commission
require a specific deadline to require participation in the LID or require that the developer build the bridge in exchange for
SDC credits. He stated that at this point, he would suggest setting a deadline on the bridge at 2008.
Swales asked if it would help to require fire sprinklers in all residences. Hard responded that it would limit some demand for
fire vehicle response time, but he emphasized that the bridge would be a secondary access and that sprinklers would delay fire
spread. He pointed out that residential sprinklers do not address attics or exteriors and that sprinklering would not control fires
outside of living areas. He restated that residential sprinklers would help, but he added that they would not address concerns
for emergency medical service vehicle response needs. He emphasized that North Mountain Avenue is the primary access and
it falls well within the response time needs for this development.
Fields asked to clarify the details of how SDC credits would work relative to building the bridge. McLaughlin clarified that
cost recovery would be through SDCs for other projects, as well, city wide.
PUBLIC HEARING
Bob Foster/Agent for Applicant, 431 Ash Street, Medford, OR 97504 and Kevin Nering/535 Ridge Way, Central Point, OR 97520
Foster noted that he was present along with the owner, civil engineer, and attorney. He stated that they had prepared several
exhibits on the issues, but they felt that Molnar had done a stellar job in explaining the issues and as such they felt it might be
better to address the staff's proposed conditions systematically. Foster directed commissioners to the conditions beginning on
page eight of twelve in the staff report.
Foster stated that the applicants were agreeable to the first condition, and would work with the Tree Commission to identify
appropriate street tree species as required in the second condition. He stated that the applicant would be consistent with city
requirements for naming streets as required in the third condition.
Relative to the fourth condition, Foster recognized that there had been some concern expressed at the March meeting with the
proposal for PVC fencing. He responded that the applicants found that chain link fencing with slats would be more appropriate
for the construction boundary and he stated that this fencing would be removed at an appropriate time. He emphasized that the
applicants were not trying to cordon off the development but simply to screen construction. He added that all fencing would be
removed at an appropriate time as adjacent development occurred. He clarified that some fencing might be retained for front
yards, but that construction fencing would be removed as adjacent improvements occur.
Foster stated that the applicants were in agreement with the fifth and sixth conditions. He went on to note that while the
applicant could accept the seventh condition, it specifies a twenty two foot width and curbs on both sides whereas the twenty
sixth condition requires twenty two to twenty four foot travel lanes at the top of page twelve. He stated that the applicants
would like to have this clarified. He explained that the present right of way is sixty feet, which consists of ten feet for
sidewalks, twenty four feet of driving surface, twelve feet of bike lanes, and fourteen feet of planting strips along the street. He
suggested that if the right of way requirements are to change the applicants need to know. McLaughlin clarified that the street
width would be twenty four feet and staff would clarify this in the seventh condition.
Foster requested that the eighth condition addressing the bridge be removed, and he elaborated that this bridge would be a city-
wide facility. He pointed out that other nearby developments were not held to this requirement. He stated that this condition
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would not stop the project if it were not removed, but he stated that it would create an item on each parcel's deed and could
cost an additional $30,000 per house. He emphasized that this would greatly affect sales without affecting any other
developers. He added that an LID would affect the existing neighbors.
Foster agreed that the developer would provide a draft copy of the CC&R's as required in condition nine, and he stated that the
developer could accept the street tree spacing identified in the tenth condition. He added that the applicant could accept the
easement and plat requirements of the eleventh condition.
Foster discussed the twelfth condition which addresses street standards, and explained that they saw some problem here as they
were looking at special designs which would be narrowed due to the presence of hillsides in order to get into severe slope areas
without stacking the houses. He suggested that the condition could read as it is except at the end of the first sentence, where he
would add "or as indicated on plans submitted." He emphasized that the applicant would conform to the NMNP and city
standards or the subdivision plan as submitted. Staff responded that they Would prefer to identify the specific streets involved
and make specific note of those for consideration at the final plan stage.
Foster stated that the thirteenth condition was acceptable. Briggs asked for information on the neighboring development.
Foster stated that the same engineer was working on both projects. Briggs stated that she would like to see this confirmed in
writing for the record. Briggs added that she would like an agreement from the south property owner relative to the property
lines. Foster responded that there are still some issues around the boundary lines.
Foster questioned the fourteenth condition relative to boulevard level improvements to North Mountain Avenue. He asked if
the staff was requiring that the applicant to finish both sides of street to full standard. Do not show any curbside parking on
plans given proximity to E Nevada. Have only shown 1 space on Nevada/Mountain. Molnar noted that Fair Oaks at Mountain
Meadows was shown with.crosswalks and was simply formalizing that. Applicant reiterated only 1 parking space here. Would
like rewrite to clarify
Foster stated that the applicants had no problem with condition fifteen, relative to Fire Department requirements, and he agreed
to condition sixteen as well.
Foster explained that no street-fronting garages were proposed where there were alleys, and as such he agreed to condition
seventeen. He also agreed to condition eighteen and nineteen, and he stated that the applicants would include a statement in
the CC&R's as required in condition twenty. He accepted the requirement for site review on attached housing and mixed use
units as noted in condition twenty one, and the requirement for a physical and environmental constraints permit as required in
condition twenty two.
Foster discussed condition twenty three, and the "Hollywood driveways" issue, as well as the proposed Quinn alternative.
Foster accepted condition twenty four, and agreed to redo the design for trait sixty nine/lot sixty four in number twenty five.
He accepted conditions twenty six and twenty seven, and he discussed condition twenty eight. He noted that the applicants
would agree with a four foot shadow on the building wall to the north and a B-standard on attached housing, and he added that
the applicants would like to include the dormers proposed. He pointed out that they have not completed design work yet, and
suggested that some compromise might be acceptable. He reiterated that the applicants would like dormers af the very least for
the units on Greenway Drive.
Kencaim questioned the sixteen foot shadow allowance. Molnar noted that his estimate of an eight to twelve foot shadow as
based on a sixteen foot fence on a flat property line. Kencaim asked whether this was less of an issue than the dormers.
Molnar explained that it was due to the west-facing slopes. He noted that the focus of this aspect of the applicants' submittal
was on the Greenway Drive properties. Foster added that it only occurs in three places.
Nering pointed out that the applicants could simple attach the whole block, but he added that they would like to have open
spaces between units. He explained that this spreading apart of the units necessitated the solar standard B. Nering discussed
topography as trimming to the west and the north, and he stated that some areas may have fallen under the B standard anyway.
Swales questioned the street orientation. Foster responded that this was necessitated by the slope, as it isn't possible to build
directly down the slope without switchbacks. He noted that he had tested and tried to match the NMNP, but the access did not
ASHLAND PLANNING COMMISSION 5
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work. He also stated that the park is a key feature in the plan, and he noted that the Quinn submittal eliminates this park. He
reiterated that in the applicants' proposal, it is a one hundred fifty by fifty foot, very significant feature.
Briggs asked if units fourteen through seventeen could have been aligned east-west with no solar issues, and twenty one and
twenty two put side-by-side, east to west and rotated ninety degrees so that there would be no solar issue even with a larger
house. Nering responded that they had needed to face homes to Greenway Drive as the most prominent street. Briggs
suggested that the end houses could wrap-around to ease the solar issues. Briggs asked about a tear drop shaped island and
questioned whether it could be narrower to give more room around lots in the area of number twenty one and twenty two.
Foster stated that they would love to have done this, but he added that this was counter to the requirements of the NMNP and
he felt it was a major element.
McLaughlin pointed out that removal of the island would be a modification of the NMNP; he agreed that the island is a rare
feature, but he noted that it is a shame that features like this are not designed more as it adds more to creating a sense of place
and may balance the solar modifications. He suggested that the island is a greater advantage than the potential room gained by
narrowing it.
Briggs suggested that the applicant could have reduced the number of lots from five to four at units twenty one to twenty five,
and gained wider lots. Foster stated that the applicants were trying to follow the NMNP. He agreed with Briggs that this was
an option, but he suggested that greater density was needed in order to preserve the urban growth boundary. He added that
they could also have proposed bigger backyards without alleys, but he explained that the alleys were a feature of the NMNP.
Nering presented information relative to the dormer proposal. He suggested that the proposed dormers improve the
architecture and give the homes a more balanced feeling. He also stated that they are a great benefit to the smaller homes, and
he added that the thirty percent proposal was the minimum needed to make the dormers usable space on the smallest homes.
Swales suggested that the cost of a thirty six hundred square foot unit might be counter to the applicants' hope to appeal to a
larger cross section of the market. Nering agreed that fifteen hundred square is more appropriate for most buyers, with the
thirty four to thirty five hundred Square foot units aimed more to the upper end of the market.
Chapman questioned how the applicant would respond to a 2008 requirement for a Nevada Street bridge. Foster stated that the
applicants would have a problem if they were required to build the bridge by 2008, and he added that he was not sure what the
response of the citizenry would be to the formation of a local improvement district (LID). Chapman responded that it was not
up to the planning commission to decide who would pay for what, or when, but he emphasized that the Fire Department's need
for a bridge had to be addressed.
Hanson suggested that the bridge was not up to the developer. Dotterer suggested that condition eight could be removed and
the bridge issue left up to an LID. Chapman questioned whether the application included traffic counts, and Foster responded
that the application relied on the traffic figured in the NMNP. McLaughlin added that the proposed development would not be
moving North Mountain Avenue beyond its capacity, but he noted that the traffic study had assumed there would be a bridge or
the use of Eagle Mill Road. Chapman stated that this commission could only pass on the recommendation to council to
accelerate the bridge's priority in the capital improvement plan (CIP). McLaughlin stated that this could not be made as a
binding condition on the applicant. He added that staff's concern would be with a five-year build out of the development with
no bridge, there would be no way to enforce a future bridge requirement and owners could not be asked to vacate. Chapman
stated that the bridge was an essential piece that needed to be installed in a timely manner. McLaughlin suggested that this
might be better as a discussion point after completion of the public hearing. He added that if the bridge was seen as a key
point, then the application should not be allowed to go further without addressing it. He stated that the commissioners might
also see the existence of two access points and the CIP timing and make the decision that the bridge installation would only be
a matter of time.
Kencaim questioned the placement of the bio-swale in the floodplain, and she asked for some additional square footage to
mitigate the removal of the wetland. She stated that while she would like to see more done here, she had no problem with the
condition as written.
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Lee Bowman1554 Mountain Meadows Drive discussed the condition relative to street lighting as a concern, because the
electroleres used in the past have proven a poor choice. He stated that these lights throw light everywhere except where it is
wanted, and he suggested that thc city look to finding a better standard. He also suggested that the architecture of the
commercial center and clock tower are a concern. He explained that the plans isolate these buildings from others in the area,
and he added that they are difficult to see relative to the grading of North Mountain Avenue or the Mountain Meadows
buildings across thc street. He suggested that the context is important, and that they need to better relate to their surroundings.
Larry McKennon/863 Plum Ridge Drive explained that the intersection of North Mountain and Fair Oaks has an impact on the
residents of Mountain Meadows. He pointed out that the forty five units on the west side generate pedestrian traffic to the
clubhouse. McKennon stated that a pedestrian in the crosswalk cannot see the roof line of a dar approaching from the south,
and he suggested that the impact on the intersection necessitates the continuation of the west side sidewalk to the crossing; he
also suggested a three- or four-way stop to break up traffic and further minimize the impact of increased traffic. He added that
he would like to see these changes prior to the construction project beginning.
At Chapman's request, McLaughlin identified the area McKennon was talking about on the map and indicated how the
sidewalks discussed related to the project. McLaughlin added that there is a new street lighting standard that is night sky
friendly and that should address Bowman's concerns.
Rita Freelg20 Mountain Meadows Drive stated that she would like to give her time to the next speaker.
Carlton R. Merrifield1987 Golden Aspen Questioned bridge and how costs would be distributed among Ashland citizens.
Specifically, when would assessments begin? MAC If LID formed would assess after improvements. Mayerfield asked if any
discussion of clock tower. Chapman will be discussed. A number of residents feel it will be inappropriate to the area,
aesthetically.
Molnar added that the discussion tonight is to subdivide property; other structures commercial & attached will be given further
site review.
Georgia LaLande1918 Mountain Meadows Circle stated that she was not prepared to fund new roads.
Fran Tolsonl904 Mountain Meadows Circle stated that she was opposed to this project being built
F. Shirley Arnold/735 Meadowlark Way noted her objection to the city requiring North Mountain residents to pay more to use
North Mountain, when they have already paid their share. She suggested that having to pay twice was unfair.
Mary Lou Killeen1838 Pavilion Place questioned how Mountain Meadows would benefit from the creation of a local
irrrprovement district.
Catherine V. Hayes/750 River Rock Road emphasized that she did not want to be taxed again.
Viola M. Gahr/917 Mountain Meadows Drive indicated that she was not in favor of this application.
S.P. Arnold/735 Meadowlark expressed objections to the building of the road here.
Charlotte Rising1621 Nepenthe stated that she has lived in Ashland for thirteen years, and for the last five years has been a North
Mountain neighborhood resident. She emphasized that she was eighty years old with limited income, and that she had already
paid for North Mountain improvements. She suggested that the developer of this new project should pay for all costs and pass
them on to new residents as was done in the first North Mountain project.
Rickie Dines1969 Golden Aspen opposition to North Mountain property owners being assessed for a new bridge.
Walt Bergstrom/91g Mountain Meadows Circle expressed his concern with the assessment of a local improvement district on
North Mountain neighborhood residents.
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Judith Craig1859 Stony Point distributed a petition from NM residents and cited the three main issues addressed therein: 1) the
clock tower, which is out of character with the community and makes the entry very commercial; 2) the bridge, which
neighbors agree should be done as soon as possible for emergency access and to ease traffic, but which they feel should be paid
for entirely by the applicants; and 3) the fact that the North Mountain neighborhood residents feel they have already paid their
share for access to North Mountain, and that the bridge is needed because of this new project.
Hanson questioned whether anyone besides the developer would be considered under a local improvement district (LID).
McLaughlin responded that if an LID were formed, a district would be formed by those benefited in the area. He clarified that
this would probably include the North Mountain neighborhood and properties backed by Hersey and Mountain. McLaughlin
emphasized that the decision to form an LID was ultimately up to the council and was not an issi]~ on the table tonight. Swales
clarified that proposed condition before commissioners tonight would be for properties within this development to sign in favor
of a future LID. Hanson added that in the Capital Improvement Plan, the LID is not a factor for putting in the bridge.
McLaughlin added that the LID would be a way to accelerate the bridge installation with additional funding. Swales asked
whether a percentage of those benefited need to sign in favor of the LID. McLaughlin responded that the council can form a
district even if there is strong opposition.
Gideon Wizansky/777 North Mountain Avenue pointed out that it seems that the need for a bridge would only be accelerated by
this new development and as such the developer should pay the cost. He also asked why the city has solar requirements if they
are not to be followed. He suggested that if there were fewer units, they would be able to abide by existing rules.
Thomas Pelzel/710 River Rock Road stated that he was a new resident and he did not know why the community would assume
an additional assessment when they have already paid their share. He suggested that all expenses should fall to the developer
as the North Mountain neighbors do not benefit and it is the new development which necessitates the bridge.
Mat Mart955 North Mountain Avenue stated that he had one issue to discuss, made up of four components. Marr thanked his
neighbors for their comments, and thanked the commission for taking the time to thoughtfully consider the issues. He
discussed the density issue, stating that the initial staff report mentioned seventy to one hundred units and now staff has
changed that to seventy nine units for the development. He emphasized that the applicants have the flexibility to change
density, and that they could go nine units less and be within requirements. Marr suggested that both staff and citizens have had
to make assumptions as there was not enough information in the application relative to the wetlands. He cited a letter he had
submitted that included a drawing proposing the road as running parallel to Nevada Street and Fair Oaks, snaking downhill,
turning the units to meet solar requirements, putting more space between the units, preserving the units, and gaining open space
in the project. Mart questioned the staff assumption that the applicant did not five percent open space. He suggested that the
NMNP identifies specific open space areas but does not exempt the applicant from the requirement. He pointed out that one
area of green space on the applicants' plan is in fact a parking lot, and he suggested that the applicant should make up this open
space elsewhere or fall back to the five percent requirement. He emphasized that the applicants cannot have it both ways by
claiming that the NMNP requires the breaking of some rules while asking to be exempted from others. He stated that the issue
becomes whether the proposal represents good changes to the plan. He added that the plan requires the protection of natural
areas, and here the wetlands are only significant feature and must be preserved. Marr stated that the wetland is a seep and the
road bend is from a rock formation which pushes water underground to emerge in a miniature creek. He emphasized that there
only a few wetlands here and they must be protected. He noted that freeway run-off and springs also contribute to the wetland.
Mart stated the wetland serves as an important filter of the freeway runoff and is the beginning of bio-swales. He concluded
that the biodiversity inherent in this wetland cannot be evicted.
McLaughlin concurred that the plan calls for significant natural features to be incorporated, and he suggested that the issue is
whether this feature is significant or if its removal could be mitigated through improvements in the floodplain area.
Marr noted that the state's requirements and the NMNP are separate requirements, both of which must be met. He also stated
that Quinn's proposal would link the neighborhood and flow into a park in a more comfortable and livable way.
Fire Marshall Dave Hard suggested that the one way to guarantee the bridge's installation would be through funding, and he
added that if the developer were required to pay a portion of the cost it would likely solidify the project's place in the CIP and
accelerate its priority. Hard stated that if there were an additional charge of $5,000 per lot, it would generate $400,000 as an
example. He noted that $10,000 per lot would approach one third of the cost of the project. He concluded that he would
suggest making the applicant financially responsible to some degree.
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
MAY 13, 2003
[Five minute intermission until 9:50 p.m.]
Edrel Jaime12283 Annett's Way, Medford stated that he was a student of planning and that he was confused at how a developer
could be required to pay for a bridge that is not a primary access to the development. He questioned how this burden could be
placed on a developer.
McLaughlin explained that this is all part of the process of determining if the development has adequate transportation. He
added that this was a decision partly up to this commission and partly up to the city council.
Public hearing closed 9:53 p.m.
REBUTTAL
Foster stated that there request for removal of condition 8 was to remove the LID requirement on this development; he
explained that he found this to be a citywide issue rather than one limited to this development. He noted that this development
is for sixteen acres, versus eighty six for Mountain Meadows. He added that if the critical issue was one of public safety, he
did not know how the financing could be worked out. He reiterated that he was in favor of the bridge does not know how can
work out financing. He suggested that if an LID is desired, it is up to the commission and staff to decide how it would be put
in place. Chapman clarified that establishing an LID would be a council decision.
Foster stated that the streetlights installed would be to city standards. He noted that the clock tower proposed was to create a
landmark focal point for the green space, and he added that the applicants would respond to design concerns during
architectural review. He pointed out that the development was designed with the Mountain Meadows development in mind.
He stated that colors and textures of materials would be discussed in the design review stage.
Foster went on to note that the intersection discussed in McKennon's comments was something they want to improve to invite
Mountain Meadows residents to the commercial spaces. He suggested that improvements could be made, including a
temporary sidewalk extension during construction to encourage pedestrian traffic. He stated that stop signs should be left up to
traffic engineers but he agreed that they might be appropriate. He agreed to the idea of a sidewalk extension and crosswalk.
Foster discussed the wetland issue relative to Marr's comments. He stated that he felt that there was no issue with the density
calculations, as the applicants' numbers have matched city staff calculations three times. He reiterated that he had seen no
variation. He suggested that the wetland affects density, and he explained that the applicants are trying to develop according to
the NMNP and they feel that there may be a need for a trade off to the Bear Creek corridor. He emphasized that the wetland
being discussed is a ditch off of East Nevada Street, and that to save it would cut off street connections to East Nevada while
preventing improvements to East Nevada. He stated that mitigation off of Bear Creek would be more appropriate.
Kencaim pointed out that the applicants cannot go into the floodplain anyway, or trade off density using floodplain areas. She
added that while this wetland is odd, it is a natural feature and there are ways to allow interaction. She suggested that a
squashed culvert with its terminus to a bio-swale would be appropriate. Kencaim stated that she was inclined to look at saving
the wetland, possibly with a culvert and a sidewalk at the curb.
Foster recognized that this could be made a condition if other commissioners agreed. Nering stated that this would impact the
development of Nevada Street. He discussed the impact on Nevada Street, and the need to transition with curbs and et cetera.
He stated that preserving the wetland would certainly impact this. Dotterer asked if lots 64, 40 and 41 could somehow be used
to mitigate this issue. Kencaim suggested that the origin in groundwater and springs makes this special and a significant
feature.
Swales/Briggs m/s to extend the meeting to 10:30 p.m. Voice vote: Ali AYES. Motion passed.
Briggs questioned the area identified as open space on the applicants' map which Mart had suggested was a parking lot.
Nering explained that the area would eventually include a half-street improvement at forty feet. He noted that there was some
additional open space around the octagonal building. McLaughlin identified the wetlands on the map, and indicated where the
road was shown as stubbed in as it was in the original NMNP. Briggs questioned whether there was enough open space, and
McLaughlin responded that the application follows the requirements of the NMNP.
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
MAY 13, 2003
COMMISSIONERS' DISCUSSION AND MOTION
Chapman suggested that the discussion begin with condition 8 relative to the bridge. He explained that whether or not property
owners sign in favor of an LID, the decision to form the LID is ultimately up to the council. Hanson stated that he would like
this condition to be removed, as the LID had not been formed and when it was, other areas would likely be involved. Chapman
suggested that the Fire Marshall pass on his concerns to the city council. Dotterer agreed with Hanson that this condition
should be removed and the decision left to council. Fields stated that there has been a general policy to incorporate this issue
into planning approvals as a way to warn future owners. He suggested that as long as the city has LIDs, there should be some
warning to future property owners. Kencairn agreed with Fields, and she noted that all projects seem to have some level of
LID involved and she felt better in providing a heads up. She suggested that this condition wotil~l take some of the heat off of
the council. Chapman stated that it is still an unknown whether there would even be an LID. Fie[ds suggested acknowledging
the possibility and placing the condition on all further or future developments in the area. Hanson noted that the NMNP
encompassed Mountain Meadows and other areas. Kencairn noted that more developments are coming. Chapman asked if all
future applications should have to identify necessary future improvements. Chapman asked if this project amounted to a
hanging cul-de-sac. Fields emphasized that the bridge was going to be needed. Chapman questioned whether there should just
be a note that at some future point a funding mechanism for the bridge will be enacted. Fields stated that the sign in favor
agreement is the standard mechanism in place to do that. Dotterer stated that he was uncomfortable with that, even if it is how
things have been done in the past. He reiterated that he would like to remove condition//8.
Briggs asked Fields and Kencairn how to keep water from the original wetland area. Kencairn explained that it can simply be
piped away. Briggs emphasized that she would like to keep natural features in place, but she noted that there were no drawings
of how to get water from the original site to the new bio-swale. Kencairn stated her feeling that the wetland was a natural
element that should be preserved, and she suggested that it would be a positive element within the development. She
recognized that it would be more efficient to relocate the wetland, but she added that this would be a loss. Fields pointed out
that wetlands are always unwanted where they occur naturally and that this is why millions of acres of wetlands have been lost.
He noted that the wetland, if preserved, would grow trees, attract wildlife, and provide water for both, whereas if piped away
the water would be lost in the sand. He suggested that unless the Division of State Lands says that this wetland was not here
one hundred years ago, he feels it is an actual advantage to the project and merits modification of the building envelopes. He
recognized that this may come down to the nine lots that take the project to its minimum density and address the solar issue.
He noted that the commercial units may offset this, and added that it may provide maximum benefit by balancing against the
residential issues. He concluded that he was not convinced that the wetland could not be preserved.
Chapman stated that he would like to see a design solution. Briggs added that a condition may be needed to require
preservation. Dotterer noted that the preserved wetland might not be in its pristine form. Kencairn responded that it was
necessary to preserve the character of the wetland, and the water source. Fields noted that mitigation would require some
improvement. Hanson questioned how the slope would come into play. Kencaim stated that this is part of what makes this
wetland rare, and she added that it could be moved, widened and directed under the road. Briggs asked for a straw vote on
keeping the wetland by preserving its character with enhancements and mitigation efforts. There was general consensus to this
end, and it was suggested that the applicants may need to modify the sidewalk behind the curb to allow space for the wetland.
Kencairn/Chapman m/s to extend the meeting to 11:00 p.m. Voice vote: All AYES. Motion passed.
Chapman questioned whether the solar issue was only a concern with the dormers. Fields stated that it was not, and he
questioned whether the commission wanted attached housing. He asked staff what was intended in the NMNP. He added that
prior to abandoning the intent of the plan, he would like to look at the standard B section.. He questioned whether there was
some way to offset units to share solar gains by staggering them. He also questioned whether a good design might be found for
attached housing, such as some East Coast-designed row houses. He reiterated that he would like to look at how the buildings
relate to one another, and to see an effort made to orient the buildings with the solar ordinance in mind.
Hanson asked why the applicants could not just meet the existing standard. Fields noted that this push the application down to
the minimum density. He added that he was unsure of how to address the solar issue, short of granting a blanket waiver to
allow shadowing to four feet above floor levels. He pointed out that it was unclear if the variances being sought were flowing
from design efforts to maximize solar access.
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
MAY '13, 2003
10
Dotterer asked whether it amounted to a variance to simply grant a B standard to all lots. McLaughlin explained that the
application was asking for increased flexibility to build taller units on lots that fall under the A standard. He added that the
applicants were requesting this consideration based on the NMNP design, the desired density, lot layouts, topography, and an
underlying design already prescribed without looking at solar issues. He reiterated that the applicants were asking for the
flexibility to meet the NMNP design. He added that the process being conducted here allows for this, but as part of that
process commissioners must agree that it is in the city's best interest to allow different solar standards. McLaughlin went on to
clarify that there is some conflict between ordinances and the goal is to find a balance for maximum benefit to all. He
emphasized that the decisions made will affect lot layout and density. Fields stated that he would be much more comfortable if
there was more detail on building envelopes, designs and shadowing. Kencaim offered to accept a variance to shadow only
garage walls.
Briggs asked about the request to allow dormers. She stated that she would like to start with this issue before moving on to
look at others. She stated that she liked smaller houses along the creek and that she could accept a four foot shadow allowance
on the walls. She noted that she would like to begin by looking at the "orange zones" of the request, and to eliminate the
accessory units over garages. She clarified that this would address only the areas identified as orange, and would allow no
dormers, no gables, and no accessory units. There was general consensus here to allow four foot shadowing and to disallow
dormers in the orange areas only.
Fields asked if the commission could craft something that would work for the applicant. He added that the attached houses
could be dealt with in the site review application. Fields noted that the degree of variance might only create an issue for one
month of solar access annually, but Kencairn added that solar access for the use of solar power was at issue as well. Kencaim
pointed out that the one month of solar access at issue was the one month when it would be most needed.
Dotterer stated that he was now looking at units 38-41 and 45-54 on Mountain View Court. Kencairn noted that the
commission could condition approval on solar gain. Hanson concurred. Kencairn suggested that a B standard be allowed in
red zones if some solar gain was provided. Fields noted that if the solar request was denied, it could result in all attached
housing with no control of the design. He questioned whether detached housing with limited solar was better than smaller
homes or attached housing. He emphasized that it was difficult to design in commission. Kencairn asked whether it would be
appropriate to ask for a percentage of solar gain. Dotterer stated that only seven homes were at issue here, and he added that
some would be oriented or connected so as not to be impacted. He identified the lots as numbers 39, 40, 41, 42 and 47, 51, and
53 off of Fair Oaks. He reiterated that in any case there were only a handful of lots where solar was at issue, and he noted that
the effort is being made to gain density on the slope. He suggested that this was why standard B was created. He emphasized
the need for flexibility to find balance.
Fields suggested that the options were to down-zone the area to grant space, or to meet the density in aggregate for the
development. He indicated that the density might well be in the wrong place in the plan.
Kencaim and Hanson suggested looking for a percentage of solar gain and allowing the applicant to meet solar that way.
Fields asked whether it would work to simply allow shadowing to four feet above finished floors here, too.
Fields noted that the applicants could relocate density or lessen the total lots by nine units. Staff confLrmed for Fields that the
applicants are given ten percent latitude between outline plan and final plan for density. Fields suggested that the required
density would not work on these steep slopes, and he stated that the final plan density could be lessened to meet requirements.
Briggs and Swales stated that they favored allowing shadowing to four feet above finished floor. Swales stated that he was
opposed to variances.
McLaughlin suggested that the commissioners look at whether a motion could be reached or whether a continuance was
necessary. Briggs suggested that members could vote now if solar was allowed at a four foot shadow above finished floor for
the entire project as a condition 28, and a condition 29 to require altering the design to accommodate the wetland, and keeping
condition 8 relative to the LID. She reiterated that condition 8 should remain, solar should be at a standard of four feet
shadowing above finished floor, and the wetlands should be incorporated into the project design. She suggested that other
issues could be addressed at site review.
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
MAY 13, 2003
11
Kencairn/Swales m/s to approve the application, with: a) condition 8 retained requiring owners to sign in favor of a
future local improvement district for the bridge; b) solar requirements modified to allow shadowing to four feet above
the finished floor level of shadowed units throughout the development; c) the incorporation of the existing wetlands into
the final design; and d) other issues to be addressed through the site review process. Roll call vote: Morris, Kencairn,
Chapman, Swales, Fields, Dotterer, Hanson, and Briggs, YES with Kistler abstaining. Motion passed.
PLANNING ACTION 2003-047 is a request for modification of a previously approved Outline Plan, involving a
reduction in the total number of lots from 13 to seven for the property located southeast of Rogue Place and north
of the railroad tracks. The application includes Final Plan approval for a seven-lot subdivision under the
Performance Standards Option and a Physical Constraints Review Permit to alldv~ development within the
regulated area adjoining an identified drainage way (i.e. floodplain corridor lands). Comprehensive Plan
Designation: Employment; Zoning: E-l; Assessor's Map #: 39 1E 09 AB; Tax Lots: 6400 and 6401.
APPLICANT: Russ Dale
This item was continued to the next meeting (June 10, 2003) and commissioners were advised to retain their packet
information for that meeting.
OTHER
McLaughlin noted that the May 27, 2003 study session would be to discuss the issue of a maximum house size ordinance.
ADJOURNMENT
The meeting was adjourned at 11:00 p.m.
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
MAY 13, 2003
12
CITY OF
SHLAND
ASHLAND PLANNING COMMISSION
HEARINGS BOARD
MINUTES
MAY 13, 2003
CALL TO ORDER
Hanson called the meeting to order at 1:32 p.m. Other Commissioners present were Colin Swales' and Dave Dotterer.
present were Mark Knox, Brandon Goldman, and Derek Severson.
Staff
APPROVAL OF MINUTES AND FINDINGS
None.
Hanson read aloud the standard statement on land use public hearings.
TYPE II PUBLIC HEARING
PLANNING ACTION 2003-035
REQUEST FOR A CONDITIONAL USE PERMIT AND SITE REVIEW TO OPERATE A TWO-UNIT MOTEL. THE PROPOSAL INCLUDES
REPLACING THE EXISTING DETACHED BUILDING AT THE REAR OF THE PROPERTY WITH A NEW APPROXIMATELY 485
SQUARE FOOT BUILDING.
665 EAST MAIN STREET
APPLICANT: E. KIRK MCALLISTER
Site Visits and Ex Parte Contacts
There had been no further site visits since the last meeting and no ex parte contacts.
STAFF REPORT
Knox presented the staff report and gave background on this application. He explained that the Historic Commission had
concerns that lead to this item being called up to the public hearing here. Knox discussed the Historic Commissioners concerns
with the rear outbuilding on the C 1 lot, and he went on to note that the original travelers accommodation proposal included the
removal and reconstruction of this outbuilding.
Knox added that the Historic Commissioners had a voted unanimously against the proposal as submitted, and he stated that
there were building code issues with the proposed windows on the property line at the alley. Knox explained that the applicant
was not present at the hearings board meeting last month to discuss these concerns, and as such the item was referred to a Type
II heating this month.
Knox reported that the applicants have considered the Historic Commissions concerns and now are proposing to leave the rear
unit alone and have a travelers accommodation unit in front. He emphasized that they would not be removing the rear building
except for a small abutment on the west side. Knox added that the landscaping plan and parking plan were presented, and that
for the most part things are staying the same as they are currently.
Knox suggested that issues around the alley and the potential for paving need to be discussed. He noted that one year ago, two
doors down to the east, an applicant on a similar application was required to pave for environmental reasons (i.e. to control dust
and mn-off of decomposed granite). Knox added that staff is proposing to require paving from Sixth Street to the rear of the
project site, and he stated that staff recommends approval with the conditions as suggested by Historic Commission, except for
the Historic Commissions objection to the alley paving. He reiterated that staff supported the conditions suggested by the
Historic Commission except for their request not to pave the alley.
Hanson noted that there are currently two travelers accommodations and a church as commercial uses off of the alley.
PUBLIC HEARING
KIRK MCALLISTER/395 STRAWBERRY LN explained that he wanted to maintain the look and feel of the current structures, and
he stated that he would like to retain the siding from the existing outbuilding while rebuilding the structure and then residing it
with the existing siding. Staff clarified that this would not affect the proposal or approval here.
Dotterer stated that he saw no problem with the application.
Swales stated that he did not feel that the issue of rebuilding the structure as is and using the existing siding was relevant here.
Tom Philipsl60 Fifth Street spoke regarding the alley issue. He recognized that the alley includes a row of travelers
accommodations, and stated that the alley is now unpaved with creative brick and concrete parking areas. He noted that he had
previously requested that the alley not be paved for a year, and he explained that from Fifth Street to Fourth Street, the paving
of the alley gives it the feeling of an extended parking lot, whereas this section is a neighborhood alley with a historic feeling.
He recommended keeping the residential character of the neighborhood in mind. He also stated that the proximity to the new
Fire Station should alleviate some fire protection concerns. He stated that he felt paving would increase accidents and
encourage speeding, and he added that this alley provides a route for many children walking to Safeway.
Fire Marshall Dave Hard/455 East Main Street requested an additional condition for installation of a fire hydrant or sprinkler
system as part of construction of the new building. Knox clarified that the new structure had been removed from the
application, and Hard withdrew his request. He stated that there is no need for fire truck access as the rear unit is within
walking distance of the street for a fireman.
Swales questioned paving and the sprinkler or hydrant requirement, and asked for Hard's feeling on paving. Hard stated that
nothing in the application would requires that the alley be considered a primary route for fire access and as such paving was not
necessary from a fire protection standpoint. Swales asked, and Hard confirmed, that if installed sprinklers could be attached to
a residential line for residential use, but he added that for commercial use they would require a separate, dedicated line.
Rebuttal
No cornments.
Staff Response
Swales asked about alley paving, and recognized the controversy that has surrounded this issue. Knox explained that it is city
council policy to require paving for commercial uses, and he added that every attempt is made to avoid disturbing existing
features. He clarified that this requirement is an attempt to reduce dust as both a nuisance and an environmental/air quality
issue. He cited the recent Van Ness application as a recent'example, and explained that this zoning allows outright uses that
can be intense and that are very appropriate for paving.
Dotterer noted that the Traffic Safety Commission had discussed alley paving, and he added that there was no supporting
information to suggest that speeds actually increase with alley paving. He added that studies had been done, and there was no
evidence in support of this misperception.
Swales reiterated that this property is a C-1 commercial site.
COMMISSIONERS' DISCUSSION AND MOTION
Swales moved approve to this application with conditions presented. Hanson seconded the motion. Roll call vote:
Swales, Hanson, and Dotterer, YES. Motion passed.
TYPE I PLANNING ACTIONS
PLANNING ACTION 2003-042 is a request for a Land Partition to divide the existing property located at 197 Morton Street into two
parcels. Comprehensive Plan Designation: Multi-Family Residential; Zoning: R-2; Assessor's Map #: 39 1E 09 DB; Tax Lot: 800.
APPLICANT: Dan Heller
This item was approved.
PLANNING ACTION 2003-043 is a request for a Land Partition to divide the existing property at 332 Otis into two parcels, with the
back parcel being served by a flag drive. Comprehensive Plan Designation: Single Family Residential; Zoning: R-1-5; Assessor's
Map #: 39 1E 05 AD; Tax Lot 506.
APPLICANT: Mark Dennett
Hanson noted that he is an insurance agent writing a policy for this property; Knox noted that because members were not
voting on this item there was no requirement that Hanson be excluded from discussion.
This item was approved.
ASHLAND PLANNING COMMISSION
HEARINGS BOARD
MINUTES
MAY 13, 20O3
PLANNING ACTION 2003-044 is a request for a Land Partition to divide the existing property at 790 Tolman Creek Road into three
parcels. A new public street will be constructed to provide access to the three parcels. Comprehensive Plan Designation: Single
Family Residential; Zoning: R-1-5; Assessor's Map #: 39 1E 14 B; Tax Lot: 400.
APPLICANT: Kerry & Rhonda Lawrence
This item was approved.
PLANNING ACTION 2003-045 is a request for Site Review approval to construct a third residential unit attached to the existing
duplex building on the property located at 230 and 232 Van Ness Avenue. Comprehensive Plan De~i~lnation: High Density Multi-
Family Residential; Zoning: R-3; Assessor's Map #: 39 1E 05 DA; Tax Lot: 1600.
APPLICANT: Serin Eggling and Sherri Morgan
Goldman gave background of last Thursday's Historic Commission review board discussion of this project, and he noted that
there were revised elevations at the commissioners chairs.
This item was approved.
PLANNING ACTION 2003- 046 is a request for Final Plan approval for a 72-unit, single family development under the Performance
Standards Option, for the property located west of the present terminus of Nevada Street and of the Quiet Village neighborhood.
Comprehensive Plan Designation: Single Family Residential; Zoning: R-1-5-P; Assessor's Map #: 39 1E 05; Tax Lot: 200.
APPLICANT: Billings Ranch Golf Group, LLC
Knox noted that this proposal was for one unit less than proposed in the outline plan. He clarified that this review gives
commissioners the opportunity to verify that the application complies with the outline plan submittal and that all conditions are
met. He also noted that the comer street connection on Cambridge had been removed.
This item was approved.
PLANNING ACTION 2003-048 is a request for a Conditional Use Permit for a transfer of ownership for the existing traveler's
accommodation located at 136 and 138 North Second Street. Comprehensive Plan Designation: Multi. Family Residential; Zoning:
R-2; Assessor's Map #: 39 1E 09 BA; Tax Lot: 9100.
APPLICANT: Beverly Kay Maurer
This item was approved.
ADJOURNMENT - The meeting was adjourned at 2:09 p.m.
ASHLAND PLANNING COMMISSION
HEARINGS BOARD
MINUTES
MAY 13, 2003
Office of the Mayor
Alan DeBoer
MEMORANDUM
DATE:
TO:
FROM:
I I
June 10, 2003
City Council Members
Mayor Alan DeBoer ~/
Appointment to Tree Commission
June 17, 2003 Council Meeting
This will confirm my appointment of Fred Stockwell to the Tree Commission for a term
to expire April 30, 2005. The vacancy was created when Rich Whitall resigned his seat
from the Tree Commission June 6, 2003.
Attached is a copy of Fred Stockwell's application, and a copy of the advertisement as it
appeared in the Daily Tidings. The vacancy was also advertised on the City's Web site,
and on the notice board in City Hall.
Attachments
City of Ashland · 20 East Main Street · Ashland, .OR 97520 · (541) 488-6002 · Fax: (541) 488-5311 · Emaih awdb@aol.com '
Please publish:
Tidings- Saturday, April 26; Monday, April 28; Thursday, May 1.
Refer to P.O. 58098
Questions? Please call Fran at 488-6002
The City of Ashland has a vacancy on the TREE COMMISSION for
a term to expire April 30, 2005. If you are interested in being consid-
ered for a volunteer position on the Tree Commission, please submit
· your request in wdting, with a copy of your resume (if available) to
the City Recorder's office. Additional information regarding this posi-
tion can be obtained from the office of the City Recorder, and the
City's Web site at www.ashland.or, us.
APPLY TO:The City Recorder, City Hall, 20 East Main St., Ashland.
APPLY BY: Friday, May 9, 2003.
CITY OF
YkSHLAND
May 13, 2002
My Name is Fred Stockwell, I live at 2895 Hwy 66, Ashland, which is inside the city limits.
I have lived at this address for a little over one year. I moved to the Rogue Valley 8 years ago
with my wife Claudia. We lived in Rogue River City and owned an Antique store there. While
there I served on the city planing commission and was an executive board member at the com-
munity center. Last year we moved to Ashland and bought a 106 year old Farmhouse which we
are turning into our new business.
I have a strong belief in community awareness and involvement. During the flood of 1996,
many of the large trees in the Wayside park next to the Rogue River were laid down by the flood
waters. While city work crews were dealing with many other priorities, I was able to save these
trees by using a pulley system and block and tackle to set them upright, I then braced them until
the roots took hold again. The City awarded me a certificate of appreciation for saving these 12
large trees that otherwise would have been lost.
I have a limited working knowledge of species, regarding shade qualities, size and growth
traits. I am learning more about local indigenous trees and what to plant to encourage/discour-
age wildlife and bird life, which can sometimes be an issue to consider on a certain project. I
have always felt that using landscaping, especially trees, in the correct way can enhance and add
beauty to any area. As a local business owner and resident I take great pride in the area where I
live and want to strive to keep the charm and beauty intact.
I'd like you to consider my application for the position open on Ashland's Tree Commission.
Fred C. Stockwell
Office of the Mayor
lan DeBoer
MEMORANDUM
DATE:
TO:
FROM:
June 10, 2003
City Council Members
Mayor Alan DeBoer ~.~
Appointment to Ashland Fiber Network Programming Committee
I
June 17, 2003 Council Meeting
This will confirm my appointment of Elin Silveous to the Ashland Fiber Network
Programming Committee for a term to expire April 30, 2005. The vacancy was created
when Tom Garland resigned his seat from the Committee last month.
Attached are copies of the applications, and a copy of the advertisement as it appeared in
the Daily Tidings. The vacancy was also advertised on the City's Web site, and on the
notice board in City Hall.
Attachments
City of Ashland · 20 East Main Street · Ashland,,OR 97520 · (541) 488-6002 · Fax: (541) 488-5311 · Email: awdb@aol.com
5-15-03;ll'42AM;ASHLAND DAILYTIDINGS
The City of Ashland has a vacancy on the ASHLAND FIBER
NETWORK PROGRAMMING COMlVII'FrEI~ for a term to
cxpire April 30, 2005. If you am interested in being considcrexi for
a volunteer position on the Ashland Ftber Network Programming
Committee, please submit your request in writing, with a copy of
your resume (if available) to thc City Recorcler's office. Additional
information regarding this position can bt obtained from the office
of thc City Re~order, and thc City's Web site at www.ashland.or, us
APPLY TO: Thc Ci~ gecor~r. City Flail, 20 E~t Main St., Ashland.
APPLY BY: Monclay, June 2, 2003
,"'.'I
ASHLAND
May 28, 2003
To: City Recorder, City of Ashland, Oregon
From:
Elin Silveous, 83 Granite Street, Ashland, Oregon, 97520, 541-488-887_7:
esilveous~aol.com
Re: AFN/CATV Programming Committee Vacancy
I am interested in serving on the AFN/CATV Programming Committee.
As the enclosed resume shows, I have an extensive background in journalism,
communications and programming for multiple public audiences.
If added to the committee, my learning curve would be shortened: I have reviewed
minutes of the committee' s past meetings, as posted at the City of Ashland web site.
Thank you for the opportunity to serve. Thank you, too, for all that you do for the City of
Ashland.
83 Granite Street
Ashland, Oregon 97520
541-488-8877
AFN/CATV Programming Committee Application 5/28/03
Elin V. Silveous
Consultant
1998 to Present
Consulting clients have included:
Kaleidoscope Television & Kaleidoscope Interactive
i l/'illage, Inc.
The WorkCare Group
Drkoop. com
Editorial Board, Work ~ Life Newsletter
iViilage, lnc.
Consultant: 1998 to 2001
General Manager, Health Network/President, Better Health: 1997
Board of Directors: 1997
(The publicly traded iVillage is leading provider of online programming for women and the number one
source for health-related info on the Web.)
America Online, Inc.
Greenhouse Partner: 1995 to 1997
Host: Better Health & Medical Forum/Network: 1993 to 1997
(The publicly traded AOL is the world's largest media company.)
Health ResponseAbility Systems, Inc.
Co-Founder & President: 1992 to 1997
HRS was an online health communications and publishing company that merged with iVillage, Inc. in
1997. In addition to its own brands, I-IRS conceptualized, built and managed a range of successful new
media content-community programming areas for a long list of public educational organizations and
government entities.
Prior to setting up HRS, Silveous was Director of Communications Products and Creative Services for the
Center for Corporate Health Promotion, a Travelers' Insurance company subsidiary. There, she oversaw
planning, development and product marketing of medical self-care books, newsletters, videos, lifestyle-
modification campaigns, health benefits communications, and health risk appraisals.
She has held communications and public relations/education positions with Cedars Medical Center in
Miami and the American Heart Association in Phoenix. While at the 600-bed Cedars Medical Center,
Silveous conceptualized in-room patient use of Viewtron, the nation's first consumer, videotex
information service provided by Viewdata, a subsidiary of Knight-Ridder.
Silveous is a graduate of the Ohio State University, School of Journalism where she served as President of
the Ohio State University Chapter of the Society of Professional Journalists, Sigma Delta Chi.
She has been honored for outstanding professionalism in many areas of social marketing and
communications including AOL/Web programming, online community development, healthcare product
marketing, health education/communications campaigns, healthcare print advertising, and patient
education materials development.
Awards & Honors
Elin Silveous
America Online, Inc.
· Better Health/Personal Empowerment Network: Best Example of Integrated
Programming, December 1995
· Better Health & Medical Network: Members' Choice Award(s): Received
quarterly since conception of the honor in the fall of 1996.
American Marketing Association, Academy for Health Services Marketing
· Gold Flash of Brilliance Award for product-market planning of Taking Care
of Today and Tomorrow, a Resource Guide for Health, Aging and Long-Term
Care: 1990.
Advertising Federation, District 4, Addy Awards
· Award of Distinction for FOCUS On Employee Health magazine: 1985.
Florida Hospital Public Relations and Marketing Council
· First Place Award for Print Positioning Ads: 1986.
· Third Place Award for FOCUS On Employee Health magazine: 1986.
· First Place Award for FOCUS On Employee Health magazine: 1985.
· First Place Award for Outpatient Educational Brochures: 1985.
Florida Public Relations Association
Award of Distinction for FOCUS On Employee Health magazine: 1985.
International Association of Business. Communicators, District H
· Award of Excellence for Outpatient Educational Brochures: 1985.
.Award of Merit for FOCUS On Employee Health magazine: 1985.
International Association of Business Communicators, South Florida
Chapter
· Award of Excellence for FOCUS On Employee Health magazine: 1985.
· Award of Merit for Outpatient Educational Brochures: 1985.
International Association of Business Comraunicators, Washington, D.C.
Chapter
· Award of Merit, Communications Campaign for Taking Care of Today and
Tomorrow, A Resource Guide for Health, Aging and Long-Term Care: 1989.
The Travelers Companies
· Outstanding Achievement Award for The Travelers and You (integrated
managed care/employee health care benefits communications product): 1989.
The Center for Corporate Health (Travelers Companies Subsidiary)
· Quality Improvement Award (PAT): 1991
The Center for Corporate Health Promotion
· Quality Improvement Award (PAT) for Integrated Employee Benefits
Communications: 1989.
Ohio State University School of Journalism
· Jack T. McKeown Memorial Award: 1979.
· Lester C. Getzloe Memorial Award: 1979.
May 30, 2003
City Recorder
20 E. Main Street
Ashland, OR 97520
JUN 2 20(B
Re: Vacancy - Ashland Fiber Network Programming Committee
Enclosed is my resume for consideration for the volunteer position currently available on the
Ashland Fiber Network Programming Committee with a term that expires April 30, 2005.
I have been an advocate for quality television programming for most of my adult life, both as an
individual activist and, for many years, as an active member of Viewers for Quality Television.
Founded in 1984 by Dorothy Swanson, VQT, over the course of its 16-year existence, attracted
the attention and gained the respect of many of the most powerful people working in television.
The goal of VQT was simple: encourage networks to keep quality programming on the air. The
real point of VQT, and probably its most potent weapon, was that its members were not
"television people," they were regular viewers who made their voices heard in Hollywood. It
was, in short, a group of like-minded kindred spirits who cared about smart, thoughtful prime-
time television and, for a while (sadly, the organization no longer exists), put their money where
their mouths were. I'm proud to say I was one of them.
Another fugitive from the San Francisco Bay Area, I have been an Ashland resident for three
years. As a long-time veteran of the cable horrors found in most large urban areas, ! thought I
had died and gone to television heaven when I moved here and found AFN. It is quite simply
wonderful--from timely installation, to friendly and always helpful employees; from
astonishingly low cost to quality programming. In the Bay Area, cable employees were rude and
the wait to speak to them was always excruciatingly long. Service appointments were hard to get
and, after taking a day off work in order to be home to meet the installer or repair person, you
were frequently stood up. The cable was off more than it was on. Outages were an almost daily
occurrence and, worse, no one at AT&T seemed to care. In short, cost was high, service and
quality were low.
I'm not ashamed to admit that I like television and I'd be happy to shout from the rooftops how
much I love AFN. I would love the opportunity to give something back to my new community
by serving on the AFN Programming Committee. I hope you will consider me for the current
vacancy.
Best regards,
Pamela Garrett
2128 Birchwood Lane
Ashland, OR 97520-1465
541-488-7808
e-mail: ownwrite@opendoor, com
Pamela J. Garrett
2128 Birchwood Lane
Ashland, OR 97520-1465
541-488-7808
e-mail:' ownwritC~, opendoor.com
Highlights q~: Qual~ficatio~
Experienced professional writer, editor and researcher in the fields of marketing and advertising, high
technology, communications and public relations, fund raising and development, education and training.
Experienced copywriter of ads, brochures, newsletters, manuals, reports, proposals, product and service
description sheets, user guides, web content, and a wide range of other materials.
Gifted at analysis and information synthesis; creative problem solver.
Ability to manage multiple-responsibilities and changing priorities, and meet deadlines.
Experienced on both Macintosh and WindOws platforms; proficient in MS'Word~ familiar with Excel';
Quark, FileMaker Pro; Internet/web savvy with extensive experience in Internet research.
Communications, Marketine & Advertisine. Public Relations
Wrote and edited a wide range of marketing materialS, hxcluding web content, product and service
descriptions, display ads, software and sales brochures, articles for magazines and trade publications.
Wrote and edited software user guides, proposals, client reports, annual reports, conference papers and
presentations.
Researched and wrote policy manuals, planning and communications documents, including newsletters,
mission statements, .press releases, speeches for corporate executives and academics.
Researched and wrote 200+ job descriptions for technical, marketing, management, and administrative
positions.
Developed and implemented corporate advertising and marketing strategy; managed 150+
publications; analyzed data and developed annual budgets.
Wrote, edited and proofread copy for magazine ads; liaison with-advertisers.
As Personal Assistant to Mrs. Robert F. Kennedy, acted as liaison between Mrs. Kennedy and the public
and press; wrote speeches, statements, and remarks; screened correspondence and composed written
replies; screened and responded ~o requests 'for interviews; served as'liaison'between Mrs. Kennedy and
staff of the RFK Memorial Foundation.
[~d~¢4tiol~ & Trainine
Developed, wrote materials for, and presented an introductory writing course for analysts, engineers,
and project managers in the private sector.
Researched and wrote educational, accreditation, applications-and, accompanying documentation,
procedural and training, manuals, presentations for academic conferences, meetinss, of professional and
academic associations, educational seminars and workshops.
Edited master's theses and docloral dissertations.
Fund Raisine & Svecial Events
Researched and wrote fund raising and development materials, including brochures, video
.presentations, newsletters, solicitation letters, grant proposals, political campaign literature, and
speeches on 'behalf of poli-tical candidates.
Developed .and .coordinated .a .wide .variety of.special events, for. fund. raising,, including luncheons,.
din.n, ers, reception_s, con~ce_rts, spo~ng eve.ots, an_d p~vate ho_use parti.'es.
Coordinated journalism awards ceremonies, celebrity tennis tournaments, and other fund raising events
fOr RFK Memorial Foundation.
Coordinated and supervised volunteers for non-profit organizations and political campaigns; e:~tensive
interaction with community groups and organizations.
Researched, developed, and-managed membership and mailing lists.
Employment Histor3t
'1996-Present
November t997-May 2000.
1993-May 1996
t988-t993
Freelance Writer & Editor
Copywriter / Copyeditor
AdvertiSing. Liaison
Writer& Editor
Editor Of Corporate Newsletter
Director of Marketing
Education
. _
B.A. History
Phi- Beta. Kappa.
University of California at Berkeley
Inside Tennis Magazine
Oakland, CA
Quantum Consulting Inc.
'Berkeley, CA
Stens Corporation-
Oakland) CA
Office of the Mayor
Alan ~. DeBoer
MEMORANDUM
DATE: June 13, 2003
TO:
FROM:
City Council Members~
Mayor Alan DeBoer (~'~'
Appointment to Bicycle & Pedestrian Commission
June 17, 2003 Council Meeting
Please confirm my appointments of Lexi Delgado and Brad Knickerbocker to the Bicycle
& Pedestrian Commission for terms to expire April 30, 2007.
Attached are copies of the applications and advertisements as they appeared in the Daily
Tidings. The vacancy was also advertised on the City's Web site, and on the notice board
in City Hall.
Attachments
City of Ashland · 20 East Main Street · Ashland, OR 97520 · (541) 488-6002 · Fax: (541) 488-5311 ° Email: awdb@aol.com
Alexis Delgado, MA
307 Morton Street
Ashland, OR 975~o
54~-55~-944~
lexirewcastle~hotmail.com
Dear Mayor DeBoer,
I am interested in re-applying for a position on the Bicycle and Pedestrian Commission.
As you may recall, I resigned over a year and a half ago due to my need to focus on my
Graduate studies--I have completed my program, recovered somewhat, and am prepared
to re-involve myself in my community. One way I hope to do this by serving on the
commission. As a frequent cyclist and pedestrian, mother to a child who is at an age of
more independence (ie. out there alone on his bike or on foot), I am familiar with and
dedicated to issues related to cyclists and pedestrians. I am certainly goal oriented and
able to get things done. I am currently working on a project for the Bicycle and
Pedestrian Commission as the chair of the commission, David Chapman, has asked me to
coordinate this year's Community Bike Swap which FYI is on May 31 st in the parking lot
between the Grove and the Coucil Chambers. You will find my resume attached.
Thanks for your time and consideration and I hope to see you at the Swap!
Sincerely,
Lexi Delgado
ALEXIS DELGADO, M.A.
307 Morton Street, Ashland, OR 97520
(541) 552-9442
PROFILE
ACHIEVEMENTS
EXPERIENCE
EDUCATION
MEMBER
Passionate advocate for children and families
Dedicated to the development of healthy communities through personal, spiritual, global,
and environmental awareness
Effective at developing, and implementing ideas
Highly motivated learner
Communicates effectively in both Spanish and Enghsh
Culturally aware; former resident of Singapore and Costa R_ica, member of mixed racial family
· Dedicated mother and wife/partner
· Delegate at 2002 United Nations Conference on the Status of Women in NYC
· Participant in international women's circle and mentorship program since 2000
· Facilitator of women's circles focusing on issues ranging from leadership to abuse
· Former commissioner, Ashland Bicycle and Pedestrian Commission, Ashland, OR
Organizer/Co-Facilitator
2002-present
Parent Educator
2002-present
Early Childhood Therapist
Jan-May 2002
Parent Educator
June-Aug 2002
Co-Facilitator
2000-present
Creator/Facilitator
2000-Present
Co-Director/Co-Facilitator
2000-Present
Teacher/Director
1998-1999
Bilingual Kindergarten Teacher
1997 - 1998
Beyond the Machine: mentorship and rites of passage for
young adults
Go To Your Room, an exploration of anger in the family
Practicnm at SOCSTC working with child victims of DV
Volunteer co-teaching parenting skills at Dunn House
SOL: Therapeutic dance experiences for women
Angerplay for Women, various cities in U.S.
Family Improv Playshops, Ashland, OR
Kindred Spirits School, Talent, OR
Phoenix Elementary School, Phoenix, OR
2003
1990
M.A. Counseling Psychology/Group Facilitation
Prescott College, Prescott, AZ
· Self-designed curriculum with focus in Jungian psychology, sandtray
and expressive arts therapies.
B.A. double major, Early Childhood and Elementary Education
Trinity College, Washington, DC
· Certification K-5 in Washington, DC, minor in child psychology
American Counseling Association, Association for Multicultural Counseling and
Development, and MHREN
The City of Ashland has two vacancies on the BICYCLE &
PEDESTRIAN COMMISSION for mrms to expire April 30, 2006.
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 Ii. Main St., Ashland
APPLY BY: Friday, May 2, 2003
CITY OF
LAND 1
The City of Ashland has two vacancies on the BICYCI~ &
PEDESTRIAN COM2vilSSION for terms to expire April 30. 2006.
If you arc interested in being considered for a voZuntccr position
on the Bicycle & Pedestrian Commission, please submit your
request in writing, with a copy of your r~ume (if available) to the
City R. ecordex's office. Additional information regarding this posl-
tion can be obtained from the office of thc City Recorder.
APPLY TO: The City Recorder. City Hall, 20 Fast Main St., Ashland.
APPLY BY: Friday. May 2:3. 2003
CITY OF
H LAN D
The City of Ashland has two vacancies on the BICYCLE &
PF:DF, STRIAN COMMISSION for terms to expire April 30, 2006.
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 thc City
Recorder'$ office. Additional information regarding this position
can be obtailled from thc office of the City Recorder or the City's
web site at www,ashland.or, us.
APPLY TO.'- The City Recorder, City Hall. 20 Fast Main St., Ashland.
APPLY BY: Monday, June 13, 2003 .
CITY OF
SHLAND
June 6,2003
Dear Friends,
I would like to apply for one of the two vacancies on the Ashland Bicycle & Pedestrian
Commission. I have lived in Ashland since 1989, and my family visited here regularly for many
years before that. (My wife is a southern Oregon native.) I am a journalist - a senior writer for
The Christian Science Monitor newspaper. It's a job that has meant many moves around the
country as well as wide-ranging professional travel. One of the things I have always loved about
Ashland is the ability to walk and bike around town. We live on Scenic Drive at Grandview,
which means there aren't many excuses not to walk to the downtown area. I ride my bike
regularly - 10-12 miles nearly every day year-round. It's a chance to get away from the phone
and the computer, an hour or so both to think without interruption and also a way to keep in close
touch with the town by traveling through it outside the confines of an automobile. I noticed
recently that the odometer I installed on my bike several years ago had clicked over 8,000 miles -
virtually all of it in Ashland. My only other civic work was some years ago when I was the
treasurer of the committee that promoted passage of a successful school bond. I guess that made
me a lobbyist (something which would normally make a reporter uncomfortable), but the cause
certainly was worthwhile. I'm reminded of it every time I pass the expanded Middle School on
the bike path. Lately, I have felt the need and desire to give more to our community. This seems
to be an opportunity to do that. Anyway, that's my pitch in a nutshell. Attached is my resume,
most of which you will probably find irrelevant to the position. Thanks for your consideration.
188 Scenic Drive
Ashland, Oregon 97520
Phone: 488-5546
Email: bradknick~aol.com
Brad Knickerbocker
188 Scenic Drive
Ashland, Oregon 97520
Phone: (541) 488-5546
Cell: (541) 840-5444
Fax: (541) 488-2432
E-mail: bradknick@aol, com
Education
Hobart College Geneva, NY
BA in English Literature 1964
Military.
Officer, US Naval Reserve 1964-1970
Active duty US Navy 1964-1970
Carrier-based attack pilot flying high-performance aircraft
Vietnam 1968-1969 (91 combat missions)
Combat flight instructor 1969-70
Professional
The Christian Science Monitor:
Currently a senior staff writer based in Ashland, Oregon, covering
political, economic, environmental, social, and cultural issues
throughout the American West.
Nov. 1989 - Aug. 1990: Half-time sabbatical studying Russian and
English history at Southern Oregon State College.
Dec. 1988 - Oct. 1989: Editorial Page Editor/Chief Editorial Writer;
responsible for three pages of editorials and op-ed daily; regular
commentary and editors roundtable on MonitoRadio; occasional news
analysis for Monitor Today television.
Apr. 1985 - Dec. 1988: National News Editor: managed staff of 40-45
writers, editors, and support personnel in seven bureaus; weekly
broadcasts on MonitoRadio for American Public Radio.
Feb. 1981 - Apr. 1985: Washington Bureau News Manager and staff
correspondent coveting national security issues. Occasional radio
broadcasts for Voice of America
Sept. 1976 - Feb. 1981: San Francisco Bureau Chief
Apr. 1975 - Sept. 1976: editorial writer
Nov. 1972 - Apr. 1975: Boston City Hall reporter
The Democrat & Chronicle (Rochester, N.Y.):
Reporter May 1971 - October 1972
Professional Travel
Personal
References
Ashland references
I have reported from West Africa, Europe, the Middle East, and
Panama. Covered the 1992 Earth Summit in Brazil. Toured the
former Soviet Union (Moscow, Leningrad, and Uzbekistan) with
the New England Society of Newspaper Editors in 1988. More
recemly, I have reported from inside the Aryan Nations compound
in Hayden Lake, Idaho. In 2000, I flew with the pilot of a single-
engine Cessna from southern Africa to Alaska, filirig stories,
photos, and daily journal entries to the Monitor and to a special
Web site:
http://www, csmonitor, com/atcsmonitor/specials/smallplane/index.
html
My favorite filing dateline so far is Horse Heaven Hills,
Washington.
Bom June 4, 1942. Married since 1968 to Carol Bousquet
Knickerbocker (Principia College BA 1967, Rochester Institute of
Technology MST 1972), artist, art historian, teacher, radio
broadcaster, cellist, and Oregon native. Our son Scott, is a rock
climber, mountain biker, bluegrass fiddler, banjo picker, published
poet, and doctoral candidate in English literature at the University
of Oregon. My recreational activities include skiing, hiking,
mountain biking, canoeing, reading, theater, chamber music, claw-
hammer banjo, and Welsh corgis.
References available upon request from current and former senior
editors of The Christian Science Monitor.
Jeff Golden, Jefferson Public Radio
Mike and Barb Tupper 482-8140
Pete and Lin Mattson 488-3222
Rick Harris and Ellen Dennis 535-3359
CITY OF
-ASHLAND
Council Communication
Title:
Dept:
Date:
Submitted By:
Approved By:
Liquor License Application from Davin Light and Francesca Fericano dba
Josephines's at 290 E Main Street.
City Recorder/Treasurer
June 17, 2003
~arbara Christenj~
Gino Grimaldi ~
Synopsis.:
Application process of Oregon Liquor License as provided by OLCC.
Recommendation'.
Endorse the application with the following:
The city has determined that the location of this business complies with the city's land use
requirements and that the applicant has a business license and has registered as a restaurant, if
applicable. The city council recommends that the OLCC proceed with processing of this application.
Background Information:
Application for liquor license is for a new outlet.
The City has determined that the license application review by the city is set forth in AMC Chpt. 6.32
which requires that a determination be made to determine if the applicant complies with the city's land
use, business license and restaurant registration requirements (AMC Chpt. 6.32).
In May 1999, the council decided it would make the above recommendation on all liquor license
applications.
CiTY OF
a SHLAND
Council Communication
Title: Deed exchange to cure property description gap in unnamed alley intersecting Ridge
Drive
Dept: Legal Department
Date: June 17, 2003
Submitted By: Paul Nolte ~~
Approved By: Gino Grimald~
Synopsis:
A recent survey for the Plum Ridge Subdivision in the North Mountain Avenue area north of Bear Creek
revealed a property gap between the subdivision and the Quinn property to the north. The property gap is
located adjacent to an unnamed alley located within the subdivision (map attached).The exchange of
deeds will cure the gap and leave the city with a slightly relocated alley of the same width and
dimensions.
Recommendations:
Authorize the Mayor to sign the attached quitclaim deed from the City to the Quinns and to accept a
deed from the Quinns to the City, a copy of which is also attached.
Fiscal Impact:
None
Background:
The Hum Ridge subdivision was approved approximately three years ago and the recently completed
subdivision survey revealed a gap between the eight foot alley created by the subdivision and the eight
foot alley dedicated by the adjoining property owners, Kelly G. Quinn and Victoria A. Quinn. The title
company has approved descriptions for deeds to cum this gap. The Quinns have consented to deed
property to the city for a similar amount of property from thc city. The exchange will provide the
required sixteen foot alley to the city by closing the gap between the two dedications.
1 - G:\legal\PAUL~alley deed exchange cc.wpd
LEGEND:
(~) = CORRESPONDS TO LEGAL DESCRIPTION NUMBER.
DoG-
FS5580
./,,.~y~ S89'57'12"W .351.09 (.350.92 PIN TO PIN) UTILITY'""
i I~ S. 89'57'12,"W . .311.07 O
( 92.59 75.00 93.50
~ 30
O
~ LOt 4 ~[ ~ LOT 2 = ~SHED ,
~ LOT 1 /
~ HOUSE I
() N89'SS'OS"E ~ N89'SS'OS"E I / ~ ~ i :
g LOT 5 ~ /
/
OO~) - 3 ~ ~AST ~.~
~ 82.72 _'2 ~ 70 76 ~ a ]- ,
Io I ~ EAST 38.97
~ ~ NANDINAN89~8~°8"E S~E~115'74/ _.
~~~ lEE ~ PUE ~ PP~
~ 74.76 [ -- ~
o ~ LOT 5
~ ~ I ~,~ ~ EAST 144.11
~ ~ - -- 84.82 I ~ 0 SOU~ 29.00 e ~ L ~ o
D~: DA ~:
REGISTERED ~ EXHIBIT
PROFESSIONAL ~ ~ss°R's ~P t: s~
~ND SURVEYOR I ,,597E4AC ,
~o~: MEDINGER CONSTRUCTION
~~ ~ P.O. BOX 702
~~ ASH~ND, OR. 97520
'ORE~O'N PH: 210-5091 oR~.:
JULY 17, 1986 ~' ~
JAMES E. HIBBS ~J. ~IAR ~ ASSOC~S P.C.
2234~ CONSULDNG ~D SU~ JoBI: 03175~
REN~ DATE '6-30-03 816 w. 8~ ST.. ~EDF~D.
~4~) 772~2782 OR.
, ~fdo~ch?qer. net .. , Sheet 1 of 1.
, ,, , ,,
QUITCLAIM DEED
KNOW ALL MEN BY ~[HESE PRESENTS, that CITY OF ASHLAND, a municipal
subdivision of the State of Oregon, Grantor, releases and quitclaims to KELLY G. QUINN and
VICTORIA A. QUINN, Grantees, all right, title and interest in and to the following described real
property situated in Jackson County, Oregon, State of Oregon, described as follows:
See attached Exhibit A hereto
The tree and actual consideration for this conveyance is zero in terms of dollars but other good
and valuable consideration.
THIS INSTRUMENT WILL NOT ALLOW USE OF THE REAL PROPERTY DESCRIBED IN
THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND
REGULATIONS. THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE
WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE
PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS, WHICH, IN FARM
OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A
RESIDENCE AND 'WHICH LIMIT LAWSUITS AGAINST FARMING OR FOREST
PRACTICES AS DEFINED. iN ORS 30.930 IN ALL ZONES. BEFORE SIGNING OR
ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE
PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING
DEPARTMENT TO VERIFY APPROVED USES AND EXISTENCE OF FIRE PROTECTION
FOR STRUCTURES.
DATED this~ day of May, 2003.
CITY OF ASHLAND
By:
Its:
STATE OF OREGON
County of Jackson
This instrument was acknowledged before me on the day of May, 2003, by
as of the City of Ashland.
Notary Publi'~z for Oregon
My Commission expires:
After Recording Return To:
Joseph E. Kellerman
Homecker, Cowling,
Hassen & Heysell, L.L.P.
717 Murphy Road
Medford, OR 97501
lt:\USERq:lLF_.Sk23826d~uitclaim.0 I.wlxl
Mail Tax Statements To:
ExFm~IT A
Beginning at the Southeast comer of Lot 26, "ASHLAND ACRES" in Jackson County, Oregon,
according to the Official Plat thereof, now of record; thence West, along the South line of said
lot, 670.0 feet; thence North, 130.0 feet; thence East, parallel with the South line of said lot,
670.0 feet, to the East line thereof; thence South, along said East line, 130.0 feet to the point of
beginning.
SUBJECT TO fights of the pubic in and to that portion of the herein described property lying
within the boundaries of roads and highways.
TOGETHER WITH:
LEGAL DESCRIPTION
Commencing at the Northwest corner of Lot 4 of PLUM RIDGE
SUBDIVISION, according to the official plat thereof, now of
record, in Jackson County, Oregon; thence along the West line of
that tract described in Document No. 00-24352, Official Records
of Jackson County, Oregon, North 00003'33" East, 8.00 feet to
the Northwest corner of said tract and the true point Of
beginning; thence along the North line of said tract, North
89°57'12'' East, 311.07 feet to the Northeast corner thereof;
thence continue North 89°57'12'' East, 20.02 feet' to the West
line of North Mountain Avenue; thence along said West line,
North 00°03'33" East, 8.86 feet to the Southeast corner of Lot
26 of "ASHLAND ACRES", according to the official plat thereof,
now of record, in Jackson County, Oregon; thence along the South
line of said Lot 26, WEST, 331.09 feet to a point being on the
Northerly prolongation of the West line of that tract described
in Document No. 00-24352, said Official Records; thence along
said prolongation, South 00003'33'' West, 9.13 feet to the true
point of beginning.
EXHIBIT~
PAGE~OF.~
QUITCLAIM DEED
KNOW ALL MEN BY THESE PRESENTS, that KELLY G. QUINN and VICTORIA A.
QUINN, Grantors, release and quitclaim to CITY OF ASHLAND, a municipal subdivision of the State
of Oregon, Grantees, all right, title and interest in and to the following described real property situated
in Jackson County, Oregon, State of Oregon, described as follows:
See attached Exhibit A hereto
The true and actual consideration for this conveyance is zero in terms of dollars but other good
and valuable consideration.
THIS INSTRUMENT WILL NOT ALLOW USE OF THE REAL PROPERTY DESCRIBED IN
THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND
REGULATIONS. THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE
WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE
PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS, WHICH, IN FARM
OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A
RESIDENCE AND WHICH LIMIT LAWSUITS AGAINST FARMING OR FOREST
PRACTICES AS DEFINED IN ORS 30.930 IN ALL ZONES. BEFORE SIGNING OR
ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE
PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING
DEPARTMENT TO VERIFY APPROVED USES AND EXISTENCE OF FIRE PROTECTION
FOR STRUCTURES.
DATED this~ day of May, 2003.
Kelly G. Quilm
Victoria A. Quinn
STATE OF OREGON
County of Jackson
This instrument was acknowledged before me on the ~
Quirm.
day of May, 2003, by Kelly G.
////
////
QUITCLAIM DEED - Page 1
Notary Public for Oregon
My Commission Expires:
STATE OF OREGON
County of Jackson
This instrument was acknowledged before me on the ~
Quinn.
day of May, 2003, by Victoria A.
Notary Public for Oregon
My Commission expires:
After Recording Retum To:
Joseph E. Kellerman
Homecker, Cowling,
Hassen & Heysell, L.L.P.
717 Murphy Road
Medford, OR 97501
Mail Tax Statements To:
H:\USER~FILES~23826d~quit¢laim.02. wpd
QUITCLAIM DEED - Page 2
TELEPHONE
'[ 816 WEST 8TH STREET
JAMES E HIBBS, PLS MEDFORD, OREGON 97501
FAX
541-7'/2-8465
ijfriar~charter, net
LEGAL DESCRIPTION
Beginning at the Northwest corner of Parcel No. 2 per Partition
Plat No. P-25-1992, according to the official plat thereof, now
of record, in Volume 4, Page 25, of "Record of Partition Plats"
of Jackson County, Oregon and filed as Survey No. 12902 in the
Office of the Jackson County Surveyor; thence along the North
line thereof, North 89°57'12'' East, 311.08 feet; thence North
00001'52'' West, 8.00 feet; thence South 89°57'12'' West, parallel
to said North line, 311.07 feet; thence South 00003'33'' West,
8.00 feet to the point of beginning.
TOGETHER WITH:
LEGAL DESCRIPTION
The Alley lying Northerly of Lots 1, 2 & 4 of PLUM RIDGE
SUBDIVISION, according to the official plat thereof, now of
record, in Jackson County, Oregon and the Street Plug lying at
the Northerly end of Plum Ridge Drive.
EXHIBIT,..
PAGE OF,..J..-
CITY OF
-ASHLAND
Council Communication
Title: Approval of quitclaim deed to remove easement on Perozzi property
Dept: Legal Department
Date: June 17, 2003
Submitted By: Paul Noltel~.. /~
Approved By: Gino Grimaldi~
tx,
Synopsis:
The quitclaim deed will remove a 1966 easement granted by Southern Oregon College to the City for
street, sidewalk and utility purposes to connect Pinecrest Terrace to Elkader Street (map attached). In
2002 this property was subdivided and the subdivision plat dedicates the property described in the
easement to the City of Ashland for "street, sidewalk, utility and slope easements."
Recommendations:
Authorize the Mayor to sign the quitclaim deed on behalf of the City.
Fiscal Impact:
None
Background:
Southern Oregon University sold the Perozzi property to developers in 2001 for the purpose of
subdividing the property. The Perozzi property lies outside the Ashland city limits. In the process of
subdivision approval, the city sought and received commitments for improvement of an easement
through the subdivision that connects Pinecrest Terrace to Elkader Street. The improvements have now
been made and the street has been dedicated to the City. There is no reason to retain the underlying
easement.
1- G:\legal\PAUL\perozzi quitclaim deed cc.wpd
Return Document to:
True and Actual Consideration:
Send Tax Statements to:
Barbara M. Christensen, City Recorder,
20 East Main, Ashland, OR 97520
$1.0o
Not Applicable
QUITCLAIM DEED
City of Ashland, Oregon, Grantor, releases and quitclaims to
Grantee, all right, title and interest in and to the following described real property:
The easement for street, sidewalk and utility purposes as it may affect Lot 2 of the
Highwood Mountain Estates Subdivision as disclosed in the document recorded at 66-
05618, Jackson County, Oregon, deed records
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN
THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND
REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE
PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY
APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST
FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930.
The true consideration for this conveyance is $1.00 plus other property or value is a
part of the consideration.
Dated this day of ,2003.
Alan W. DeBoer, Mayor
State of Oregon
County of Jackson
Barbara Christensen, City Recorder
This instrument was acknowledged before me on ,2003, by Alan
W. DeBoer as Mayor of the City of Ashland, Oregon, and by Barbara Christensen as
Recorder of the City of Ashland, Oregon.
Notary Public for Oregon
My Commission expires:
1 - G:\legal\PAUL\perozzi quitclaim deed.wpd
.................................................... - .............................................. · ................................... Page 1 ::i
,,,
./
POHDt=I~
CITY OF
-ASHLAND
Council Communication
Title:
Approval of Agreement No. 20,858 - Walkway / Bikeway Project
Agreement at Lithia Way and Oak Street between the City of Ashland
and the Oregon Department of Transportation
Dept:
Date:
Submitted By:
Reviewed By:
Approved By:
Public Works Department
June 17, 2003
Paula BrOWnatdi~
Paul Nolte
Gino Grim
Synopsis:
The attached agreemem provides ODOT grant funds, in an amount up to $35,500, to design and
construct two curb extensions at the intersection of Lithia Way (Rogue Valley Highway (OR 99)) and Oak
Street. The City requested the initial grant in July 2002 and the project would have included the in-
pavement runway lights for the crossings. The City was ranked low on the list of eligible projects and
did not receive the grant funds initially, but was informed last month that additional funds were
available. State traffic engineers debated the installation of this lighted crosswalk and determined that
the intersection of Lithia and Oak was not the best location for testing the system. ODOT did agree to
the pedestrian safety improvements and is providing this grant through the State Highway Trust Fund,
which are to be expended by the State and the various counties and cities for the establishment of footpaths
and bicycle trails.
Recommendation:
It is recommended that Council approve Agreement No. 20,858 - Walkway / Bikeway Project
Agreement at Lithia Way and Oak Street between the City of Ashland and the Oregon Department of
Transportation.
Fiscal Impact:
City has estimated the project cost to be $40,000. The State will fund up to $35,500 with the City
providing a match of $4,500. The City will be responsible for any portion of the project, which is not
covered by State funding, including any portion of the project, which exceeds the estimated total cost. The
State's agreement also requires the City to maimain the improvements (bump outs and crosswalk
markings) upon completion of the project. The City currently maintains the ladder style crosswalks, and
the maintenance of the curb bump outs is anticipated to be negligible.
CC Approval ODOT Agmt Oak_Lithia 17Jun03
Page i of I
6/4/03
Misc. Contracts & Agreements
No. 20,858
WALKWAY/BIKEWAY PROJECT AGREEMENT
THIS AGREEMENT is made and entered into by and between the STATE OF OREGON,
acting by and through its Department of Transportation, hereinafter referred to as "State";
and the CITY OF ASHLAND, acting by and through its Elected Officials, hereinafter
referred to as "City."
RECITALS
o
Rogue Valley Highway (OR 99) is a part of the state highway system under the
jurisdiction and control of the Oregon Transportation Commission.
.
By the authority granted in ORS 366.514, funds received from the State Highway
Trust Fund are to be expended by the State and the various counties and cities for
the establishment of footpaths and bicycle trails. For purposes of Article IX,
Section 3a, of the Oregon Constitution, the establishment and maintenance of
such footpaths and bicycle trails are for highway, road, and street purposes when
constructed within the right of way.
o
By the authority granted in ORS 190.110, 366.770 and 366.775, State may enter
into cooperative agreements with counties and cities for the performance of work
on certain types of improvement projects with the allocation of costs on terms and
conditions mutually agreeable to the contracting parties.
NOW THEREFORE, the premises being in general as stated in the foregoing RECITALS,
it is agreed by and between the parties hereto as follows:
TERMS OF AGREEMENT
.
Under such authority, State and City agree to design and construct two curb
extensions at the intersection of Rogue Valley Highway (OR 99) and Oak Street,
hereinafter referred to as "Project." The location of the Project is approximately as
shown on the sketch map attached hereto, marked "Exhibit A," and by this
reference made a part hereof.
.
City has determined that the actual total cost of the Project is estimated to be
$40,000. State shall fund the Project in an amount not to exceed $35,500. City will
Bikeway/Walkway Project Agreement
06/10/03
Page 2
provide a match in the amount of $4,500. City shall be responsible for any portion
of the Project, which is not covered by State funding, including any portion of the
Project which exceeds the estimated total cost. In the event-that the total Project
cost is actually less than the original estimate, the State funds shall be limited to a
proportionate share of the original estimated amount, based on a percentage
calculated using state share and local match.
.
The work shall begin upon execution of the agreement by all parties and be
completed no later than November 30, 2003, the agreement shall terminate six
months after that date. Maintenance responsibilities shall survive any termination
of this agreement.
CITY OBLIGATIONS
1. City shall perform the work described in this agreement.
.
City shall conduct the necessary field surveys, prepare plans and contract
documents; advertise for bid proposals, award all contracts, and supervise
construction of the Project. Actual construction of the Project may be accomplished
by City forces, by contract, or by any combination of these methods, as City shall
elect.
.
City shall obtain a Miscellaneous Permit to occupy State Right of Way through the
State's ODOT District 8 Maintenance Office (District 8 Office) prior to the
commencement of construction.
.
City shall submit a copy of the plans and specifications to State through the State
District 8 Office and the State's Bicycle and Pedestrian Program Manager for
review and concurrence prior to advertising for a construction contract or prior to
construction, if City forces will perform the construction work. Concurrence must be
received from both State offices prior to proceeding with the Project. The project
design, signing, and pavement marking shall be in conformance with the current
Oregon Bicycle and Pedestrian Plan.
,
City shall not award a construction contract until State's District 8 representative
has reviewed and approved the Iow bidder's proposal and costs.
o
City shall, upon completion of Project, submit an itemized statement of the final
actual total cost of the Project.to State's Bicycle and Pedestrian Program Manager,
BikewayAtValkway Project Agreement
06/10/03
Page 3
,
o
.
City represents that this agreement is signed by personnel duly authorized to do
so by its City Council.
City shall not enter into any subcontracts for any of the work scheduled under this
agreement without obtaining prior written approval.
City 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 incorporated by reference. Without limiting the
generality of the foregoing, City expressly agrees 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 659A. 142; (iv) all regulations
and administrative rules established pursuant to the foregoing laws; and (v) all
other applicable requirements of federal and state civil rights and rehabilitation
statutes, rules and regulations.
lOa.
City, or its contractor, shall obtain and keep in effect during the term of this
agreement, Comprehensive or Commercial General Liability Insurance covering
bodily injury and property damage.. This insurance shall include personal injury
coverage, contractual liability coverage for the indemnity provided under this
agreement, and products/completed operations liability. Combined single limit
per occurrence shall not be less than $1,000,000, or the equivalent. Each
annual aggregate limit shall not be less than $2,000,000, when applicable.
b,
The liability coverage required for performance of the agreement shall include
the State of Oregon, Oregon Transportation Commission and its members,
Department of Transportation and their officers and employees, as Additional
Insureds but only with respect to City's, or its contractor's, activities to be
performed under this agreement.
Co
Before this agreement is executed, City, or its contractor, shall furnish to State's
District 8 office a Certificate of Insurance for the limits set out above, which is to
be in force and applicable to the project.
do
The insurance coverage shall not be amended, altered, modified, or canceled
insofar as the coverage contemplated herein is concerned without at least thirty
days prior written notice to State.
11.
City shall indemnify, defend, save, and hold harmless the State of Oregon, the
Oregon Transportation Commission and its members, the Oregon Department of
BikewayA/Valkway Project Agreement
06/10/03
Page 4
Transportation, their officers, agents, and employees from and against any and
all claims, suits, actions, losses, damages, costs, expenses, and liabilities of any
nature whatsoever resulting from, arising out of, or relating to the activities of City
or its officers, employees, subcontractors, or agents under this agreement.
12.
City shall be responsible for all costs not covered by State funding. State funding is
limited to $35,500.
13.
City shall be responsible for all costs and expenses related to its employment of
individuals to perform the work under this agreement, including but not limited to,
retirement system contributions, workers compensation, unemployment taxes, and
state and federal withholdings.
14.
All employers, including City, that employ subject workers who work under this
Agreement in the State of Oregon shall comply with ORS 656.017 and provide
the required Workers' Compensation coverage unless such employers are
exempt under ORS 656.126. City shall ensure that each of its subcontractors
complies with these requirements.
15.
City shall, upon completion of Project, maintain the project at its own cost and
expense, and in a manner satisfactory to State.
STATE OBLIGATIONS
.
State grants authority to City to enter upon State right-of-way for the construction of
this Project as provided for in the Miscellaneous Permit to be issued by State's
District 8 Office.
,
State's District 8 Office and Bicycle and Pedestrian Program shall review and must
concur in the plans prepared by City before the Project is advertised for a construction
contract or before construction begins if City forces shall perform the work. State's
Bicycle and Pedestrian Program office shall process all billings submitted by City.
.
Upon receipt of notification that the City is prepared to proceed with the development
of project, State shall deposit with City the sum of $17,750, such amount being equal
to 50 percent of the State's share of the estimated Project costs. Upon completion of
Project, inspection and approval by State staff, and receipt from City of an itemized
statement of the actual total cost of the Project, State shall deposit with City a final
payment, the sum of $17,750, such amount being equal to 50 percent of the State's
share of the estimated Project costs. When added to the initial deposit, the final
Bikeway/Walkway Project Agreement
06/10/03
Page 5
deposit will equal the State's share of the originally estimated costs ($40,000). Should
final Project costs exceed the original estimate, extra costs shall be borne by City; the
maximum amount of State reimbursement is $35,500. If final Project costs are less
than original estimate, State shall deposit with City a final payment in an amount
which, when added to the initial deposit, would equal the State's proportionate share
of the originally estimated costs, based on a percentage calculated using state share
and local match.
,
State certifies, at the time this agreement is executed, that sufficient funds are
available and authorized for expenditure to finance costs of this agreement within
State's current appropriation or limitation of current biennial budget.
GENERAL PROVISIONS
1. This agreement may be terminated by mutual 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 State, 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.
bo
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 State fails to correct such
failures within 10 days or such longer period as State may authorize.
c. If State fails to receive funding, appropriations, limitations, or other expenditure
authority at levels sufficient to pay for the work provided in this agreement.
do
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 sources.
,
Any termination of this agreement shall not prejudice any rights or obligations
accrued to the parties prior to termination. If any funds are remaining from the
advance deposit, they shall be refunded to State.
BikewayA/Valkway Project Agreement
06/10/03
Page 6
,
State, the Secretary of State's Office of the State of Oregon, the federal
government, and their duly authorized representatives shall have access to the
books, documents, papers, and records of City which are directly pertinent to the
specific agreement for the purpose of making audit, examination, excerpts, and
transcripts for a period of three years after final payment. Copies of applicable
records shall be made available upon request. Payment for costs of copies is
reimbursable by State.
o
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 State
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 a party to enforce any provision of this agreement shall not
constitute a waiver by a party 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 project on February 1, 2000 as
part of the Fiscal Year 2002-2003 Local Assistance Bicycle and Pedestrian Program.
The funds are included in the Statewide Programs Section of the 2000-2003 Statewide
Transportation Improvement Program (STIP).
The Oregon Transportation Commission on February 13, 2002, approved
Delegation Order No. 2, which authorizes the Director to approve and execute
agreements for day-to-day operations when the work is related to a project included in
the Statewide Transportation Improvement Program or a line item in the biennial budget
approved by the Commission.
Bikeway/Walkway Project Agreement
06/10/03
Page 7
On September 6, 2002, the Director of the Oregon Department of Transportation
approved Subdelegation Order No. 2, in which the Director grants authority to the
Deputy Directors, Division Managers, Chief of Staff, Technical Services Manager/Chief
Engineer, Branch and Region Managers for their respective Branch or Region, to
approve and execute agreements up to $75,000 when the work is related to a project
included in the Statewide Transportation Improvement Program, other system plans
approved by the Commission such as the Traffic Safety Performance Plan, or in a line
item in the approved biennial budget.
STATE OF OREGON, by and through
its Department of Transportation
CITY OF ASHLAND, by and through its
elected officials
By By
Technical Services Mgr./Chief Engineer
Date
Title
By
APPROVAL RECOMMENDED
Title
By Date
Bicycle & Pedestrian Program Manager
Date
By
Region 3 Manager
Date
APPROVED AS TO LEGAL
SUFFICI, EI~Y ~
City Legal Counsel
Date ~/~/~/r~ ~
By
District 8 Manager
Date
Rev. 2-26-03
BikewayANalkway Project Agreement
06/10/03
Page 6
., ,
o ~; ~ t~ ,,Fi
~ d c~ ,~
Sheet taken from Hammond Engineering
,
/ ~' ~"' -- Drawings- Sheet 6 of 10; Dec 2002
c2.
·
Appendix A
CITY OF
-ASHLAND
Council Communication
Title:
Approval of Amendment No. 1 to Agreement No. 19489 - 2001 Oregon
Transportation Initiative Act Agreement- Siskiyou Boulevard ~ Lithia
Way & E. Main Street between the City of Ashland and the Oregon
Department of Transportation
Dept:
Date:
Submitted By:
Reviewed By:
Approved By:
Public Works Department
June 17, 2003
Paula
Paul Nolte
Gino Grimaldi
Synopsis:
The attached amendment provides an additional $100,000 for the 2001 Oregon Transportation Initiative
Act (OTIA) Agreement- Siskiyou Boulevard @ Lithia Way & E. Main Street. The City authorized
acceptance of the initial grant of $500,000 in July 2002. Once the project was bid and additional signal
work included in the final design, the costs increased. ODOT agreed to fund an additional $100,000 as
the construction bids came in higher than anticipated. This amendment authorizes an additional
$100,000 making the total grant to the City $600,000 of construction funds for the E. Main / Gresham /
Lithia Way / Siskiyou intersection.
Recommendation:
It is recommended that Council approve Amendment No. 1 to Agreement No. 19489 - 2001 Oregon
Transportation Initiative Act Agreement- Siskiyou Boulevard at Lithia Way & E. Main Street between
the City of Ashland and the Oregon Department of Transportation.
Fiscal Impact:
Agreement No. 19489 - 2001 Oregon Transportation Initiative Act Agreement - Siskiyou Boulevard
Lithia Way & E. Main Street. The City originally applied for and received approval for a $500,000
OTIA grant for the intersection improvements from Third Street to E. Main Street on both Siskiyou and
Lithia Way. Typically, OTIA projects fund a percentage of the project, but as the City had already
designed the project, and had agreed to fund the additional costs of the project, ODOT agreed to fund
actual construction costs. As the construction bids came in higher than original design estimates, the
City requested additional assistance from ODOT. This amendment provides an additional $100,000 to
cover the construction cost additions. The current design/construction estimate is approximately
$908,000. Costs above the $600,000 ODOT reimbursement will come from the Street Fund.
CC Approval ODOT OTIA Amd 17Jun03
Page I of 2
Background:
Agreement No. 19489 - 2001 Oregon Transportation Initiative Act Agreement - Siskiyou Boulevard ~
Lithia Way & E. Main Street. The City applied for and received ODOT approval for an OTIA grant for
the intersection improvements from Third Street to E. Main Street on both Siskiyou and Lithia Way.
With this amendment, ODOT will fund up to $600,000 of the actual construction costs of this project.
The current design/construction estimate is approximately $908,000. Details of costs are shown below.
The original agreement had several milestone requirements and controls that stfiff is comfortable
meeting.
Council previously accepted jurisdiction of the project area.
Intersection - Cost Summary
LTM CONTRACT AMOUNTS
engineering design / construction inspection
TOTAL projected project scope
available ODOT/RVTD funding
additional ODOT funding requested
available jurex maintenance funds
available City Street / SD funds
available City Trans and SD SDC funds
available City Electric funds
total potential funds
contracts
original
engineers
estimate
$885,000
$100,000
$908~10
$500,000
$100,000
nonerecv'd
'$66,488
$24'1,722
$0 ·
$985,000
$5OO,O00
noHe
$304,376
$4,500
$9'08,210'
$808,876
revised from original - added
$225,000 for signals WAS $660,000
Est only; initially design was not
fully split across all projects
could received funds for additional
ped lights
CC Approval ODOT OTIA Amd 17Jun03
Page 2 of 2
Misc. Contracts and Agreements
No. 19489-01
2001 OREGON TRANSPORTATION INVESTMENT ACT AGREEMENT
SlSKIYOU BLVD. @ LITHIA WAY & EAST MAIN STREET
AMENDMENT NO. 1
The STATE OF OREGON, acting by and through its Department of Transportation,
hereinafter referred to as "ODOT", and the City of Ashland, acting-by and through its
City Council, hereinafter referred to as "Agency', entered into an Agreement on August
28, 2002. Said agreement covers the roadway modernization improvements on
Siskiyou Blvd. at Lithia Way and East Main Street, hereinafter referred to as "Project".
It has now been determined by ODOT and Agency that the agreement referenced
above, although remaining in full fome and effect, shall be amended ~by this agreement
to: increase OTIA funding, as approved by the OTIA Steedng Group (OSG).
Paragraph 2 of RECITALS, Page 1, which reads:
2. The Oregon Transportation Commission selected the projects to be funded under the
2001 OTIA Program at its January 16, 2002 meeting. This selection included Agency's
project Sisklyou Blvd. at Lithla Way and East Main Street, as described in Exhibit A.
Shall be amended to read:
2. The Oregon Transportation Commission selected the projects to be funded under the
2001 OTIA Program at its January 16, 2002 meeting. This selection included Agency's
Project on Sisklyou Blvd. at Lithla Way and East Main Street, as described in
Revised Exhibit A.
Paragraph I of TERMS OF AGREEMENT, Page 2, which reads:
1. Agency shall make roadway modernization improvements on Siskiyou Blvd. at Uthia
Way and East Main Street, hereinafter referred to as "project". A Project description,
budget, and sketch map showing the location and approximate limits of the Project is
shown on Exhibit "A", attached hereto and by this reference made a part hereof.
Shall be amended to read:
1. Agency shall make roadway modemization improvements on Siskiyou Blvd. at Uthia
Way and East Main Street, hereinafter referred to as "Project". A Project description,
budget, and sketch map showing the location and approximate limits of the Project is
shown on Revised Exhibit "A", attached hereto and by this reference made a part
hereof.
Misc. Contracts and Agreements
No. 19489-01
Paragraph 2 of TERMS OF AGREEMENT, Page 2, which reads:
2. The total estimated cost of the Project is $750,000. The budget is shown on Exhibit
"A".
Shall be amended to read:
2. The total estimated cost of the Project is $850,000. The budget is shown on Revised
Exhibit 'A".
Paragraph 3 of TERMS OF AGREEMENT, Page 2, which reads:
3. 2001 OTIA Program funds shall be limited to $500,000. Agency shall be responsible
for all costs in excess of the 2001 OTIA Program funded amount for this Project.
Shall be amended to read:
3. 2001 OTIA Program funds shall be limited to $600,000. Agency shall be responsible
for all costs in excess of the 2001 OTIA Program funded amount for this Project.
Paragraph 4 of TERMS OF AGREEMENT, Page 2, which reads:
4. This agreement shall become effective on the date all required signatures are
obtained and shall be completed according to the schedule outlined in Paragraph 4,
Agency Obligations. Only work begun after the effective date of this agreement is
eligible for reimbursement with OTIA funds.
Shall be amended to read:
4. This agreement shall become effective on the date ail required signatures are
obtained and shall be completed according to the schedule outlined in Agency
Obligations, Paragraph 5. a. Only work begun after the effective date of this agreement
is eligible for reimbursement with OTIA funds.
Paragraph 5. b. of AGENCY OBLIGATIONS, page 4, which reads:
5.b. If the Agency does not meet a Project milestone date within one month of the date
specified in Agency Obligations, Paragraph 4.a, reimbursement of Agency's Project
expense shall be changed to one-half of the rate specified in ODOT's Obligation's,
Paragraph 1, until such time as the Project has completed the milestone and Project is
back on schedule.
Shall be amended to read:
5.b. If the Agency does not meet a Project milestone date within one month of the date
specified in Agency Obligations, Paragraph 5.a, reimbursement of Agency's Project
Misc. Contracts and Agreements
No. 19489-01
expense shall be changed to one-half of the rate specified in ODOT's Obligation's,
Paragraph 1, until such time as the Project has completed'the milestone and Project is
back on schedule.
Paragraph 5.d. of AGENCY OBLIGATIONS, Page 4, which reads:
5.d. In the event that the Project schedule itemized in Agency Obligations 4.a. is revised
pursuant to Agency Obligation 4.c, the Agency's Project Liaison and ODOT's Project
Liaison shall reduce the revision to writing. The Agency's Project liaison and ODOT's
Project Liaison shall incorporate the revised schedule into the intergovernmental
agreement by entering into a formal amendment to this agreement.
Shall be amended to read:
5.d. In the event that the Project schedule itemized in Agency Obligations 5.a. is revised
pursuant to Agency Obligation 5.c, the Agency's Project Liaison and ODOT's Project
Uaison shall reduce the revision to writing. The Agency's Project Uaison and ODOT's
Project Liaison shall incorporate the revised schedule into the intergovernmental
agreement by entering into a formal amendment to this agreement.
Paragraph 5.e. of AGENCY OBLIGATIQNS, Page 4, which reads:
5. e. When the Project is back on schedule according to the milestones set out in
Agency Obligations 4.a., including a revised schedule adopted by formal amendment,
Agency shall 'receive any funds withheld by ODOT under the provisions of Paragraph
1 .b. of ODOT's Obligations.
Shall be amended to read:
5. e. When the Project is back on schedule according to the milestOnes set out in
Agency Obligations 5.a., including a revised schedule adopted by formal amendment,
Agency shall receive any funds withheld by ODOT under the provisions of Paragraph
1 .b. of ODOT's Obligations.
Paragraph 7 of AGENCY OBLIGATIONS, Page 4, which reads:
7. Agency shall submit a billing at the time Agency documents that Construction
Completion, as set out in Agency Obligations, Paragraph 4, is complete. The billing will
indicate total Project costs incurred to date, whether there are unresolved claims, and
the anticipated timeline for resolving claims and closing the Project.
Shall be amended to read:
7. Agency shall submit a billing at the time Agency documents that Construction
Completion, as set out in Agency Obligations, Paragraph 5, is complete. The billing will
Misc. Contracts and Agreements
No. 19489-01
indicate total Project costs incurred to date, whether there are unresolved claims, and
the anticipated timeline for resolving claims and closing the Project.
Paragraph 11 of AGENCY OBLIGATIONS, Page 5, which reads:
11. Agency, its subcontractors, if any, and all employers working under this agreement
are subject employers under the Oregon Workers Compensation Law and shall comply
with ORS 656.017, which requires them to provide workers' compensation coverage for
all their subject workers, unless such employers are exempt under ORS 656.126.
Agency shall ensure that each of its contractors complies with these requirements.
Shall be amended to read:
11. All employers, including Agency, that employ subject workers who work under this
Agreement in the State of Oregon shall 'comply with ORS 656.017 and provide the
required Workers' Compensation coverage unless such employers are exempt under
ORS 656.126. Agency shall ensure that each of its subcontractors complies with these
requirements.
Paragraph 1. a. of ODOT OBLIGATIONS, Page 6, which reads:
1. a. ODOT shall reimburse Agency 100% of eligible, actual construction costs, and all
associated construction costs incurred up to the maximum amount of OTIA funds
committed for the Project specified in Terms of Agreement, Paragraph 3, provided that
Agency is meeting the Project milestones set out in Agency Obligations, Paragraph 4. a.
Under no conditions shall ODOT's total obligation exceed $500,000, including all
expenses.
Shall be amended to read:
1. a. ODOT shall reimburse Agency 100% of eligible, actual construction costs, and ail
associated construction costs incurred up to the maximum amount of OTIA funds
committed for the Project specified in Terms of Agreement, Paragraph 3, provided that
Agency is meeting the Project milestones set out in Agency Obligations, Paragraph 5. a.
Under no conditions shall ODOT's total obligation exceed $600,000, including all
expenses.
Paragraph 1. c. of ODOT OBLIGATIONS, Page 6, which reads:
1.c..When the Project is back on schedule, according to the milestones set out in
Agency Obligations 4.a., including a revised schedule adopted by formal amendment
per Agency Obligations 4.d., ODOT shall pay Agency any funds withheld by ODOT
under the provisions of Paragraph 1 .b. of ODOT's Obligations.
Misc. Contracts and Agreements
No. 19489-01
Shall be amended to read:
1.c. When the Project is back on schedule, according to the milestones set out in
Agency Obligations 5.a., including a revised schedule adopted by formal amendment
per Agency Obligations 5.d., ODOT shall pay Agency any funds withheld by ODOT
under the provisions of Paragraph 1 .b. of ODOT's Obligations.
IN WITNESS WHEREOF, the parties hereto have set their hands and their seals as of
the day and year hereinafter written.
The Oregon Transportation Commission on February 13, 2002, approved Delegation
Order No. 2, which authorizes the Director to approve and execute agreements for day-
to-day operations when the work is related to a project included in the Statewide
Transportation Improvement Program or a line item in the biennial budget approved by
the Commission.
Signature Page to Follow
Misc. Contracts and Agreements
No. 19489-01
On September 6, 2002, the Director of the Oregon Department of Transportation
approved Subdelegation Order No. 2, in which the Director grants aUthority to the
Region Managers for their respective Branch or Region, to approve and execute
agreements up to $75,000 when the work is related to a project included in the
Statewide Transportation Improvement Program, other system plans approved by the
Commission such as the Traffic Safety Performance Plan, or in a line item in the
approved biennial budget.
CITY OF ASHLAND, by and through STATE OF OREGON, BY AND
its City Council THROUGH ITS DEPARTMENT OF
TRANSPORTATION By
BY BY.
Agency's Authorized Representative Executive Deputy Director for
Highways
Date
Date
BY
Agency's Authorized Representative
Date:
APPROVAL RECOMMENDED
Region 3 Manager
APPROVED AS TO LEGAL
SUFFICIENCY
BY
Assistant Attomey General
Date
Technical Services Manager/Chief
Engineer
Agency A_ttom(~y
Date
Date
RETURN AGREEMENT TO AGENCY:
Contact:
City of Ashland
20 East Main Street
Ashland OR 97520
Misc. Contracts and Agreements
No. 19489-01
REVISED- EXHIBIT A
CITY OF ASHLAND
SISKIYOU BLVD. @ LITHIA WAY & EAST MAIN STREET
Project will consist of street and sidewalk geometry improvements, and the installation
of a multi-phase signal for this non-typical intersection. Improvements will enhance
safety and improve the level of service for vehicles and pedestrians~-Project will result
in a geometry and standard that will allow the city to assume ownership of this segment
of the state highway upon completion of the project.
Project Cost Estimate
Preliminary engineering
& design $
Right-of-way purchase
Construction
Total
$ 5000
$845,0OO
$850,000
Project Financing
Agency Contribution $250,000 29%
*See Note Below
OTIA $600,000 71%
Total $850~000 100%
Exhibit A, Project Map is attached
*This Project will be financed by first using Oregon Transportation Investment Act (OTIA)
Funding, this includes right-of-way. The City of Ashland will provide the additional funds for
right-of-way and to complete the Project in addition to that provided by OTIA. Initial estimates
are that the City's contribution has a value of $250,000.
CITY OF
- $HLAND
Council Communication
TITLE:
DEPT:
DATE:
SUBMITTED BY:
APPROVED BY:
Fireworks Regulations Within The City of Ashland
Ashland Fire & Rescue
June 17, 2003 .,~ /~
Keith E. Woodley, Fire Chief
Gino Grimaldi, City Administratortz4"'
Synopsis:
In 2001, the City Council revised the Uniform Fire Code provisions that regulate the use of
fireworks within the city. In preparation for the approaching 4th of July holiday, this memo is
provided as a reminder of current fireworks regulations within the city.
Recommendation:
Information only. No action necessary.
Fiscal Impact:
None.
Background:
Current fire safety laws in place that regulate the sale and use of fireworks are as follows:
Ordinance No. 626 S14 was adopted in 1916, which prohibits the use of fireworks in any city park.
Ordinance No. 2785 was adopted on August 14, 1996, by the City Council. This ordinance adopts
the Uniform Fire Code and Uniform Fire Code Standards within the City of Ashland. Division II,
Appendix II-A, of the adopted Uniform Fire Code states that "fireworks shall not be used or
possessed in hazardous fire areas." These areas are defined as the geographical area within the
city having the designation as "Urban Wildfire Lands" within the Comprehensive Plan, and other
areas of the city containing combustible vegetation capable of sustaining a wildfire and transmitting
it from property to property. Based on this adopted code, fireworks have been essentially "banned"
in these areas within the city on a year-around basis since 1996. The sale of fireworks is prohibited
within the City of Ashland by the same code. Violation of these provisions constitutes an
"infraction," which is punishable by a fine not to exceed $500.00. The sale of fireworks is permitted
outside of the City of Ashland with a retail sales permit from the Oregon State Fire Marshal's Office
between June 23 and July 6 each year.
Fireworks Regulations Within The City of Ashland, page 2.
Ordinance No. 2876 Prohibits the use of fireworks within the City of Ashland during any declared
fire season, except when the sale of fireworks is permitted within the State of Oregon. (June 23
through July 6)
Jackson County Ordinance No. 99-41 prohibits the use of fireworks within the Bear Creek
Greenway.
ORS 480.158 holds parents financially responsible for up to $5,000 in fire suppression costs
incurred by public fire protection agencies for fires caused by juveniles with fireworks. Where
citations for violations of fireworks laws are warranted, they must be issued by certified law
enforcement personnel.
m
'-- 0 EL" 0
0 CD
0 ~
CITY OF
SHLAND
Council Communication
Title:
Dept:
Date:
Submitted By:
Reading by title only of "A Resolution Amending the Pay Schedule for
Management and Confidential Employees for Fiscal Year 03/04."
Administration
June 17, 2003
Gino Grimaldi, City Administrator
Synopsis:
The proposed resolution would adjust the pay schedule for the Management Team, Division
Supervisors, Mid-Level Supervisors, Confidential Employees, City Recorder and Municipal Judge. This
adjustment is lower than the adjustments granted by contract to the city's three bargaining units that have
salary adjustments of 3.2%. Two bargaining units are currently in negotiations and salary adjustments
have not been determined at this time.
Recommendation:
Staff recommends the adoption of the attached resolution, which provides for a 2% adjustment for
management, mid-managers/supervisory staff and confidential employees.
Fiscal Impact:
Adequate funds are available in the 2003-2004 budget.
Background:
The city has entered into multi-year contracts with the various bargaining units. The City is currently
negotiating with the Police and Firefighter unions. Three of the five labor contracts call for a minimum
adjustment based on thc Consumer Price Index (CPI). Adjustments, per union agreements, will be
3.2%. There are approximately 45 employees within thc management, supervisory or confidential
classification. Labor groups do not represent these employees. The increase in the CPI has averaged
1.9% during the last year (March to March). The CPI increased significantly during the spring
producing a March 2002 to March 2003 increase of 3.2%.
The City Recorder and Municipal Judge are covered by a provision in the city charter, which links their
salaries to the "...average salary adjustment of the other supervisory employees and department
heads..." (Article 111.3.). In this case the average salary adjustment is 2.2%.
In the past the council has determined that it is important to maintain reasonable salary differentials
between organized employees and the supervisory/management staff. Furthermore the council has
determined it is important that the city maintain a pay schedule that is competitive. The proposed wage
adjustment for non-union employees does maintain adequate salary differentials between organized
employees and supervisory management staff. Many local governments across the state are providing
similar salary adjustments so it is anticipated the pay schedule will remain competitive.
RESOLUTION NO.
A RESOLUTION AMENDING THE PAY SCHEDULE FOR
MANAGEMENT AND CONFIDENTIAL EMPLOYEES FOR
FISCAL YEAR 2003-2004.
RECITALS:
1. The City desires to maintain a salary schedule that is competitive yet is fiscally
prudent.
.
The wage adjustment for three City labor unions with existing contracts for fiscal
year 2003/2004 is 3.2% and the increase in the Consumer Price Index has averaged
1.9% during the last year (March to March).
3. The adopted budget for Fiscal Year 2003/2004 anticipates a 3.0 percent cost of
living adjustment for Management/Supervisory and Confidential employees.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The pay schedule is hereby modified by 2.0 percent for Management,
Mid-Management/Supervisory and Confidential employees effective July 1, 2003.
SECTION 2. The salary of the Municipal Judge and the City Recorder shall be adjusted
by 2.2 percent, which is the weighted average of the adjustments made for Department
Heads and Supervisors.
SECTION 3. This resolution takes effect upon signing by the Mayor.
This resolution was read by title only in accordance with Ashland Municipal Code Sec.
2.04.090 duly PASSED and ADOPTED this~ day of ,2003.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of ,2003.
Reviewed as to form:
Alan W. DeBoer, Mayor
Paul Nolte, City Attorney
G:fran~resolution~ay schedule amend Mgt-Conf.2003
CITY OF
,ASHLAND
Council Communication
TITLE:
DEPT:
DATE:
SUBMITTED BY:
Public Hearing and Decision on the Modification of the Action PIan for the One
Year Use of Community Development Block Grant Funds for Program Year
2001-2002
Planning Department
June 17, 2003 .
John McLaughlin, Department of Comm.3gkity Development, Director
Brandon Goldman, Assistant Planner (:~ ~
Synopsis:
The U.S. Department of Housing and Urban Development (HUD) allocated $230,000 to the City of.
Ashland for FY 2001-2002. The City held a public hearing to receive comments on the Action Plan.
The Department of Housing and Urban DeVelopment approved the 2001-2002 Action Plan based upon
the projects and actions proposed. Ashland Community Land Trust (ACLT) was awarded $120,000 in
Community Development Block Grant (CDBG) Funds to develop 4 affordable housing units. ACLT
has now requested a reduction in the number of units to be developed from 4 to 3,
Recommendation:
Staff recommends approval of Modification of the 2001-2002 Action Plan to allow ACLT to acquire
three parcels betWeen Hersey and Patterson streets for the development of three affordable single family
homes. The Ashland Housing Commission reviewed the proposed modification at their meeting on May
28th (Exhibit A) and forwarded a recommendation to approve the modification to the City Council.
Fiscal Impact: -:~
The Modification of the 2001-2003 Action Plan does not alter the amount of CDBG funds awarded to
ACLT ($120,000) or other subrecipients for the 2001-2002 CDBG program year. This grant amount
was determined following due notice and public hearings. CDBG grants are not paid out' of the General
Fund.
Background:
The original award of $120,000 to ACLT was targeted to the acquisition of land for the subsequent the
development of 4 affordable units. ACLT encountered a number of difficulties in identifying and
purchasing land as noted in the attached project update provided by ACLT (Exhibit B). Recently the
From the Desk of:
Bmndon Goldman
Assistant Planner
Department of Community Development Tel: 541-488-5305
20 East Main Slreet Fax: 541-488-5311
Ashland, Omgoa 97520 TTY: 800-735-2900
property between Hersey and Patterson was purchased by Medinger Construction Co. and this current
owner has indicated a willingness to sell ACLT three 5000sq.ft. lots (Map- Exhibit C). The $120,000
2001-2002 CDBG award is explicitly for the purchase of property, in this case the vacant parcels prior to
issuance of a building permit for the homes to be relocated to the properties.
Southern Oregon University recently received demolition approval to demolish or relocate three small
homes located on Webster Street. ACLT intends to work collaboratively with llie Rogue Valley
Community Development Corporation (RVCDC) to relocate these homes to the three parcels on Hersey
to be acquired by ACLT with CDBG funds, and RVCDC is to renovate/restore these homes.
Staff recognizes that the collaboration between two non-profits, a private developer, and the City CDBG
program can readily develop three affordable single family homes within Ashland. The reduction in the
number of units to be provided by ACLT triggers a modification of the 2001-2002 Action plan as it is a
25% reduction in the number of units and therefore considered a "substantial" change in Ashland's
Consolidated Plan.
After receiving staffs presentation and public testimony at the May 28, 2003 public hearing before the
Housing Commission, the Housing Commission reviewed the proposal and has forwarded a
recommendation of approval to the City Council for a decision.
The section of the 2001-2002 CDBG Action Plan (Goal 1 page 5) relating to the proposed modification
is shown below. The modification will be to change the number of units (to 3), eliminate the wording
regarding the Child day care center (see strikethrough), and change the target date for completion:
Ashland Community Land Trust
Action to meet pdodty and time-line: The City will provide CDBG funding to the Ashland
Community Land Trust (Project 1). The funding will be utilized to purchase property for the
construction of 3 Iow-income residential unitsand
oo~. The Ashland Community Land Trust is a private non-profit corporation. The purpose
of the land trust is to create and sustain long-term affordable housing in the city limits of
Ashland for Iow and moderate income families. The land trust acquires and holds land, while
the improvements are sold or rented to qualifying Iow-income residents.
Funding sources for this project include: CDBG funds
,Proiected Number Households to be Assisted: 3 Iow-income households
Probable Fundinq Level: $120,000
.,Target Date for Completion: January 1, 2004
From the Desk of:
Brandon Goldman
Assistant Planner
Department of Community Development Tel: 541488-5,305
20 East Main Street Fax: 541-488-5311
Ashland, Oregon 97520 TrY: 800-735-2900
www.ashland.o~.us
CITY OF
-ASHLAND
Memo to Housing Commission
TITLE:
DEPT:
DATE:
SUBMITTED BY:
Public Hearing on the Modification of the Action Plan for the One Year Use of
Community Development Block Grant Funds for Program Year 2001-2002
Planning Department
May 28, 2003
Brandon Goldman, Assistant Planner
Synopsis:
The U.S. Department of Housing and Urban Development (HUD) allocated
$230,000 to the City of Ashland for FY 2001-2002. The City held a public
hearing to receive comments on the Action Plan. The Department of Housing and
Urban Development approved the 2001-2002 Action Plan based upon the projects
and actions proposed. Ashland Community Land Trust (ACLT) was awarded
$120,000 in Community Development Block Grant (CDBG) Funds to develop 4
affordable housing units. ACLT has now requested a reduction in the number of
units to be developed. ACLT has provided two scenarios for use of the CDBG
award of $120,000:
Scenario one; to purchase three lots between Hersey and Patterson Streets
Scenario two; to purchase two townhomes in the Chataqua Trace Subdivision
Recommendation:
Background:
Staff recommends approval of Modification of the 2001-2002 Action Plan to
allow ACLT to acquire three parcels between Hersey and Patterson streets for the
development of three affordable single family homes (Scenario one). 8taffhas
some concern with scenario two as proposed by ACLT in that the homes for
acquisition are not yet identified and thus the proposal is reliant upon homes
becoming available in the future.
The original award of $120,000 to ACLT was targeted to the acquisition of land
for the subsequent the development of 4 affordable units. ACLT encountered a
number of difficulties in identifying and purchasing land as noted in the attached
project update provided by ACLT. Recently the property between Hersey and
Patterson was purchased by Medinger Construction Co. and this current owner
has indicated a willingness to sell ACLT three 5000sq.ft. lots.
From the Desk of:
Brandon Goldman
Assistant Planner
Department of Community Development Tel: 541488-5305
20 East Main Street Fax:. 541488-5311
Ashland, Oregort 97620 TTY: 800-735-2000
www. ashland.or.us
EXHIBIT A
Southern Oregon University recently received demolition approval to demolish or
relocate three small homes located on Webster Street. ACLT intends to work
collaboratively with the Rogue Valley Community Development Corporation to
relocate these homes to the three parcels on Hersey and renovate/restore these
homes. -
Staff recognizes that the collaboration between two non-profits, a private
developer, and the City CDBG program can readily develop three affordable
single family homes within Ashland. The reduction in the number of units to be
provided by ACLT is a reflection of the market reality of Ashland's increasing
land values. Staff recommends approval of the proposed modification of the
2001-2003 Action Plan to reduce the number of units to be provided to 3.
After receiving public testimony at the May 28, 2003 public hearing before the
Housing Commission, the Housing Commission shall review the proposal and
forward a recommendation to the City Council for a decision.
On June 17th a public hearing is scheduled before the City Council to address this
specific modification of the 2001-2002 Action Plan.
From the Desk of:
Brandon Goldman
Assistant Planner
Department of Community Development
20 East Main Street
Ashland, Oregon 97520
www. ashland.or, us
Tel: 541 488-5305
Fax: 541488-5311
TrY: 800-735-20(X)
EXHIBIT A
5/17/2003
To: City of Ashland
Brandon Goldman
From: Krista Berry
President of Ashland Community Land Trust
Dear Brandon,
With our partnership with ACCESS, ACLT has been successful in securing a site on
Garfield Street, using the previous allotted CDBG funds, and obtaining a grant to provide
6 affordable rental units for our Parkview project. Parkview is currently going out to bid,
and we anticipate units ready to rent at the end of 2003 or first of 2004. We were able to
close on this property in 2001 with $75,000 in CDBG funds and we obtained a loan for
$80,000 through ICE that will be paid off at completion of the Parkview (Garfield)
project. Our project manager- ACCESS, INC, is managing the project development
funds and the project development.
Since we received notice that ACLT was allocated $120,000 in the 2001 round for
CDBG funds, we have been actively searching for a site or project that we could secure.
The Counsel's stipulation that the monies go towards a project that would provide 4 or
more units for affordable housing seemed like a reasonable request when we first
received the award. However, in the escalating housing market, we have had countless
dead ends and a few broken promises in locating a site since the original date of the
award. We have competed with the for-profit builders on several pieces of property and
lost out to their better cash offers. We have had sellers change their minds while under
contract. Frankly, we don't seem to have enough money to make a purchase for 4 units
work. If we were in another city where there is plenty of available land at a reasonable
price or 4 units already built at a reasonable price, then we would probably already be on
our way with a project. However, as you are aware, Ashland has a shortage of land/lots
and multi-unit sites and allows single family homes to build on these sites. See attached
Recap of Projects for more detail.
We have 2 different scenarios we are considering for use of the $120,000 at this time.
Scenario one:
· See attached Hersey/Patterson plan
Scenario two:
· Purchase two Chautauqua Trace townhouse units when they become available.
· Cost to purchase two would be approximately $360,000.
· Resale the improvements at $127,000 a piece.
· The units would be purchased as soon as a unit became available.
Recap of Projects and Awards
[] 2000-2001 -Attempted to secure property at 667 N Main with the Parks
Department, but the price quoted was more money than was fea~i'ble for project.
[] March 2001 - entered into contract with Kids house to locate a site that could be
used for combination usage of housing and a non-profit day care.
[] 2001 - entered into a contract with Paul Comstock to purchase property on Clear
Creek Way. Seller later voided the contract at his will because he no longer
wanted to sell.
[] June 2001 purchased Garfield Street with $75,000 in CDBG funds, and loan for
$80,000 from ICE
[] October 2001 - received a grant of $22,000 from City of Ashland to fund a RARE
student for staffing for ACLT for approximately one year, and to pay for interest
and taxes on Garfield until project obtains take-out financing. Jan 2002 -entered
into negotiations with John Fields and Girard regarding property off of Clear
Creek, but property was not suitable
[] March 2002- entered into negotiations with Tom Frantz regarding property on E
Main Street. He later decided not continue as he could make more profit on the
open market and withdrew from negotiations.
[] April 2002 - entered into negotiations for purchase on 740 Tolman Creek.
Negotiations failed because of a better cash offer made on the property.
[] April 2002 until March 2003 - Negotiating with Russ Dale of possible purchase
of 6 units or land on his East Village property. So far negotiations have failed due
to constraints of site and insufficient money to make project work.
[] May 2002 received grant award for Parkview (41 Garfield Street) project.
Herse¥1Patterson Property Development Plan
Located in Ashland, Oregon, this 1.2-acre property is being purchased by
Medinger Construction Co., Inc., for $800,000. Earnest money was accepted on
May 6, 2003 and the transaction is to close on or before June 19, 2003. The
property is located in an R1-5 zone in a block bounded by Hersey, Phelps,
Patterson and Carol. It spans across the middle of the block between Hersey
and Patterson streets and is currently composed of 6 lots of record. Two of the
lots have existing, poor quality rental houses on them. All of the lots are of a size
well over the 5000 square foot minimum of the zone.
Southern Oregon University owns three homes built in the late 1940's or early
50's that it needs to move or demolish to make way for a new building on it's
campus. Rogue Valley Community Development Corporation has been looking
for land upon which it could place the structures in order to salvage them for use
as affordable housing. The Construction Company wishes to help with this
project and make available three of the lots in its new property for this purpose.
Lots inexpensive enough to accommodate affordable housing are rare or
nonexistent in Ashland. The purchase price of the Hersey/Patterson property is
based on a net resale valuation of the two rental houses and their lots at
$150,000 each and of the remaining four lots at $125,000 each. In order to make
three lots available to the CDC at a price more conducive to use as affordable
housing, the property will be further subdivided yielding a total of six smaller and
more affordable lots in addition to the two with the existing rental homes. This
brings the cost split of the original purchase price down to $83,333 per lot. With
development costs associated with splitting the existing lots of record and
providing vehicle access and utilities to each, the final price to the CDC project
will be approximately $90,000 per lot.
There is a time limit to moving the houses. Southern Oregon University is
requiring that the lots on which the homes stand be clean by May 31, 2003. That
means the structures must be moved before escrow on the property is properly
closed and before the planning process is complete redesignating the four open
lots into six smaller ones. The current owner of the property has agreed to allow
the houses to be moved onto the property before escrow closing. The senior
City planner has said that the City will have no conflict with allowing the moving
and storage of the homes as long as they are not placed on foundations until
valid building permits can be issued.
Ashland Community Land Trust has shown an interest in becoming the final
property holder in this transaction. The Trust would own the land and sell to
qualifying buyers the home and land lease at prices consistent with the income of
the buyer. This would preserve the affordability of the homes in perpetuity. As
it's part in the partnership, Rogue Valley CDC's role would be to use its expertise
in moving and renovating the structures to modern standards.
The CDC estimates its cost in providing these services including its overhead at
approximately $70,000 per home. Intedm financing would be supplied by
Umpqua Bank, with the possible assistance of Rural Development, USDA.
Coupled with the $90,000 cost of the lot, this would bring the overall cost of
producing each home to $160,000. Ashland Community Land Trust has
available a $120,000 Community Development Block Grant awarded by the City
of Ashland to help it produce for-sale affordable housing. ^CLT proposes to
apply one-third, or $40,000, to each of the three homes. This brings down the
actual cost to be recovered in the final sale of each newly renovated home, not
counting overhead costs of ^CLT, to approximately $120,000. Such a base cost
should allow ACLT to find income-qualified buyers who can afford to buy the
homes. ACLT will purchase and resale the house/lot packages simultaneously
as the affordable income buyers are purchasing the home/lot package. Rural
Development is ready to provide reduced-interest mortgage loans, if applicable,
in its next funding cycle. Oregon State Housing & Community Services
homeowner's loans may also be used for take-out loans.
PATTERSON ST
ACLT
Lot 1
ACLT
Lot 2
ACLT
Lot 3
W
O_
-E H E-P,S EY-ST
Property lines provided for Identification only, not scalable
F rom:
To:
Date:
Subject:
Brandon Goldman
Alan DeBoer; City Council
6/16/03 5:07PM
Letter submitted regarding CDBG hearing 6/17/03
To the Honorable Mayor and Council,
Attached is a letter the City received from the Ashland Community Land Trust (ACLT the afternoon of
June 16th, 2003 regarding their proposed use of 2001-2002 CDBG funds. The review of this proposal is
scheduled for a public hearing on 6/17/03 at the regular City Council meeting. Unfortunately as this letter
was only just received, it was not included as an exhibit in the Council Packets. I am forwarding the letter
electronically so you may have the opportunity to read it prior to the meeting. Hard copies will be available
at the meeting for those that do not receive this email.
Thankyou,
Brandon Goldman
City of Ashland Planning Dept.
20 East Main St.
Ashland, OR 97520
Goldmanb@ashland.or. us
541-552-2076
TTY#:800-735-2900
CC: Barbara christensen; Fran berteau; Gino Grimaldi; John mclaughlin; Maria harris
Barbara christensen: ACLT letter 6,16,03.dOC ' ........ ~'- .... ' ............ 'is~a-~-'~-i_.__
Dear Brandon:
As you are aware, ACLT has pursued a variety of options over the past years in an
attempt to create four additional affordable housing units with the $120,000 in CDBG
monies awarded. The latest opportunity would be in collaboration with Larry Medinger
and Rogue Valley CDC for the purchase of three lots on which the SOU houses have
been moved. While we are excited about the potential of working with another non-profit
and a for-profit developer, we do have some concerns and as a Community Based
organization we would ask for the City Council's direction with the proposed project.
These three approximately 900 SF renovated houses and land would come to the Land
Trust for a price near $170,000. If allowed to change from 4 units to 3 units with the
$120,000 CDBG we would be able to present these three houses to the market in the
range of $130,000 to $140,000. ACLT would be purchasing the land simultaneously
with the purchaser after the rehab work has been completed. We would go on title at the
same time. We estimate the closing date to be Jan. 1, 2004.
While this would seem to the average person a great opportunity to buy a rehabbed, 2
bedroom, 1 bath home in Ashland, we must consider who our target market will be in
order to determine if this project is feasible. ACLT competes with the "regular" market
for potential buyers. Most buyers will prefer to buy a traditional home. So in order for
us to find a pool of buyers to purchase our homes, we need to offer them a home at a
discounted price in order to compare favorably to traditional home with equal amenities.
Currently,
choices:
1.
.
if you are a buyer in the $130,000 to $140,000 price range you have several
You can buy a 3 bedroom, 2 bath, 1200- 1400 sq ft home in Medford or Central
Point on a regular size lot.
You can buy a 2 bedroom, 1 ½ bath, 900 sq ft condo in Ashland.
Their monthly housing cost would be approx. $850 (including taxes and
insurance), and require a gross monthly income without other debt of approx.
$2400.
Two things we must consider are:
1. How many small families will prefer a regular 3 bed/2 bath home in Medford or
CP with a greater potential for resale and equity building over a smaller 2
bed/1 bath home in Ashland with limited potential for resale and equity
building?
2. How many 1 to 2 person households will chose a 2 bed/1.5 bath condo in
Ashland with a greater potential for resale and equity building over a 2
bed/lbath home on a regular lot in Ashland with limited potential for resale
and equity building?
While we believe, that although the concept of buying a home in Ashland for under
$140,000 seems wonderful and plausible, we do have some doubts that we will actually
'Barbara christensen - ACLT letter 6-16-03.doc
be able to secure qualified buyers to purchase this target sales price. Our buyers must
qualify financially, but are also limited by the cap on their incomey A 3-person family
cannot make more than $35,650 per year. This means that a 1 O-year teacher probably
makes too much money to qualify; even though, he/she may make enough money to
make the monthly payments.
We believe that we need to be targeting buyers in the under $115,000 range in order to
find buyers who can qualify financially and be under the income cap limits. We would
still be competing with 2 bed/1 bath homes in the Medford area, but the families that
want to stay in Ashland, may be more likely to limit their potential for resale and equity
building if the sales prices are equal to the sales prices for similar homes in Medford. We
do not believe that buyers will buy a Land Trust home in Ashland if the sales price is
greater than in the Medford area. In order to accomplish that sales price range we would
need $60,000 in additional funding to offset the inflated Ashland land costs.
We have also been presented with another opportunity just this week. There is one more
unit we could have the opportunity to purchase. The unit has a deed restriction on it that
limits the maximum sale price for which they can sell the home, and the home must be
sold to a family that would qualify as an affordable home purchaser. The home must sale
for no more than $174,400. It is a 3 bedroom, 2 bath home that has a one-year-old
appraisal on it for $250,000. The owner needs to sell and relocate out of the area. They
have had many interested buyers; however, all of the buyers have not been able to qualify
both to purchase at the $174,400 sale price, and to not have more income that is allowed
by the maximum income limits. Some of these same buyers could purchase this home if
they could purchase it at no more than $145,000 (per Sue Cherry at Rural Development).
If given the opportunity to acquire another $35,000 to $40,000 in CDBG to acquire this
home we can enter into a purchase agreement with that seller based on the CDBG time
frames.
So in summary we are asking for your direction and financial support for what you think
is the best solution for this community.
Thank you,
Krista Berry
President, ACLT
Barbara christe~sen - CDBG Hearing 6:17,03 clarification .......... Page 1
From:
To:
Date:
Subject:
Brandon Goldman
Alan DeBoer; Cate Hartzell; City Council
6/17/03 11:23AM
CDBG Hearing 6-17-03 clarification
To the Honorable Mayor and Council,
Commissioner Hartzell has contacted me regarding some confusion in the ACLT letter I forwarded to the
Council yesterday. In an attempt to address this confusion prior to tonight's hearing I'm sending this email
to the entire Council in response to Cate's questions.
ACLT is still proposing to purchase the three Medinger lots as planned and originally proposed. However
they are now asking for "additional" funds (CDBG) to put more money into the 3 lots previously identified -
to bring the final sales price from 135k to 115k in order to make the three homes more affordable. Thus
they are asking for an additional 60K on top of the 120k previously awarded to complete the Medinger site
proposal.
As a separate, and brand new, proposal they are asking for an allocation of CDBG funds (40k)to go
toward the purchase of the single home on Crispin.
The "source" of these "additional" CDBG funds requested would past carryover, specifically the remaining
2002 RVCDC award of 160K for the Lower Pines site. Modifying the 2002 award will require yet another
modification of the yearly action plan. This will have to be done whether the Council ultimately directs
these funds to ACLT as requested or toward RVCDCs purchase of the Siskiyou property as RVCDCs
Current proposal reduces the total number of units from 24 to 8. Therefore that change is to come before
council in any event. I know its somewhat convoluted, in that both ACLT and RVCDC have changed
(expanded or reduced) the scope of their projects in recent weeks.
I see merit in ACLTs proposal primarily when looking at the expenditure of funds (timeliness) as it
potentially expends an additional $100,000 of past carry over. However I have some concern as to how a
shift would effect RVCDCs modified development plans to purchase the Siskiyou/Faith Property by
pooling both the 2002 and 2003 awards. I've asked RVCDC to provide a response to this scenario but
I've not yet received one I'm sure due to the very short notice. I've indicated to RVCDC that they need be
prepared to respond to ACLTs proposal and provide the revised RVCDC proposal at a hearing for
modification of the 2002 Action Plan.
I think that tonights hearing, testimony, and decision, should in a sense be isolated to the modification of
the 2001 Plan, The decision for use of the 2002 grant funds, whether they stay with RVCDC, go to ACLT,
or are re-advertised as a RFP should be addressed at a separate hearing explicitly advertised for
modification of the 2002 Plan. However were the Council to provide direction along these lines this
evening Staff, and the applicants, can be prepared to look at modifying the 2002 Action Plan accordingly
and therefore come back to Council at a public hearing that incorporates the changes Council would like
to evaluate.
Thank you and I'll see you this evening,
Brandon Goldman
City of Ashland Planning Dept.
20 East Main St.
Ashland, OR 97520
Goldmanb@ashland.or. us
541-552-2076
CiTY OF
-ASHLAND
Council Communication
TITLE:
DEPT:
DATE:
SUBMITTED BY:
APPROVED BY:
A resolution adopting a supplemental budget for FY 2002-2003.
Finance Department
June 17, 2003
Lee Tuneberg, Finance Director /~O_~
Gino Grimaldi, City Administrator//~/O ~
Synopsis:
This resolution changes thc 2002-2003 Budget and keeps the City in compliance with Oregon Budget
Law.
Recommendation:
Staff recommends approval of the attached resolution.
Fiscal Impact:
Adjusts the FY 2002-2003 budget for unforeseen events including unanticipated revenues and
corresponding expense for fire fuel reduction and construction loan proceeds.
Background:
There are three ways in which to change appropriations after the Budget is adopted.
o
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.
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.
The third type of budget change is necessary and has been duly advertised and noticed. Attached is a
resolution for your approval. The recommended changes in the budget are explained after each request.
Attached is the notice published in the local paper on June 11, 2003.
RESOLUTION NO. 2003-
A RESOLUTION ADOPTING A SUPPLEMENTAL BUDGET ESTABLISHING
APPROPRIATIONS WITHIN THE 2002-2003 BUDGET
Recitals:
ORS 294.480 permits the governing body of a municipal corporation to make a
supplemental budget for the fiscal year for which the regular budget has been prepared under one
or more of the following reasons:
a. An occurrence or condition which had not been ascertained at the time of the
preparation of a budget for the current year which requires a change in financial
planning.
b. A pressing necessity which was not foreseen at the time of the preparation of the
budget for the current year which requires prompt action.
c. Funds were made available by another unit of federal, state or local government and
the availability of such funds could not have been ascertained at the time of the
preparation of the budget for the current year.
d. Other reasons identified per the statutes.
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 adopt a
supplemental budget, establishing appropriations as follows:
Street Fund
Appropriation: Public Works - Street Operations
Resource: Intergovernmental Revenue
$474,000
$474,000
To appropriate $474,000 for the Siskiyou Boulevard Improvement Project representing
the accelerated construction schedule and corresponding unanticipated earlier receipt of
State funds.
Capital Improvements Fund
Appropriation: Materials & Services
Capital Outlay
Resource: Other Financing Sources
$50,000
$1,450,000
$1,500,000.
To recognize the $1,500,000 received from the Economic and Community Development
Division via financing on the Community Development/Engineering Services building.
The financing reimburses the fund for monies up-fronted for construction of the new
building and the supplemental budget increase the FY 2002-03 appropriations levels
allowing more construction of the fire station to be done this year.
Telecommunications Fund
Appropriation: Electric - Operations
Debt Service
Resource: Fund Balance- Carry Forward
$1,707,175
$3O0,OOO
$2,007,175
To appropriate in FY 2003 for construction and debt service related to the capital
financing for Ashland Fiber Network completed too late (June) in FY 2002 to be included
in the adopted budget.
Central Service Fund
Appropriation: Finance- Accounting
Resource: Charges for Services
$60,000
$60,000
To appropriate for the additional staff time related to the early transfer of two Parks &
Recreation positions to the City Finance Department as part of a consolidated services
effort.
SECTION 2. This resolution takes effect upon signing by the Mayor.
This resolution was read by title only in accordance with Ashland Municipal Code Section
2.04.090 duly
PASSED and ADOPTED this 17th day of June, 2003:
Barbara Christensen, City Recorder
SIGNED and APPROVED this 17th day of June, 2003:
Reviewed as to form:
Alan W. DeBoer, Mayor
Paul Nolte, City Attorney
Notice of
Supplemental Budget Hearing
A public hearing on a proposed supplemental budget for the City of Ashland, Jackson County, State of
Oregon, for the fiscal year July 1, 2002 to June 30, 2003 will be held at the Civic Center, 1175 East
Main Street, Ashland, Oregon. The hearing will take place on June 17, 2003, at 7:00 p.m. The
purpose of the hearing is to discuss the supplemental budget with interested persons.
A copy of the supplemental budget document may be inspected or obtained on or ~ffer June 9, 2003
at the Finance Department, 20 East Main, Ashland, Oregon 97520 between 8:00 a.m. and 5:00 p.m.
A summary of the supplemental budget is presented below.
Resources Requirements
STREET FUND
Intergovernmental Revenue
Public Works-Street Operations
TOTAL
$474,000
$474,000
$474,000 $474,000
To appropriate $474,000 for the Siskiyou Boulevard improvement project representing the accelerated
construction schedule and corresponding unanticipated earlier receipt of state funds.
CAPITAL IMPROVEMENT FUND
Other Financing Sources
Materials & Services
Capital Outlay
TOTAL
$1,500,000
$5O,OOO
$1,450,000
$1,500,000 $1,500,000
To recognize the $1,500,000 received from the Oregon Economic and Community Development
Division via financing on the Community Development/Engineering Services building and increase
appropriations allowing an expedited construction schedule on the fire station.
TELECOMMUNICATIONS FUND
Fund Balance - Carry Forward
Electric Operations
Debt Service
TOTAL
$2,007,175
$1,707,175
$3OO,OOO
$2,007,175 $2,007,175
To appropriate $1,707,1 75 for construction and $300,000 for debt service related to the capital
financing for Ashland Fiber Network completed late in June 2002.
CENTRAL SERVICE FUND
Charges for Services $60,000
Finance-Accounting
TOTAL $60,000
$60,000
$60,000
To appropriate for the additional staff time related to the early transfer of two Parks & Recreation
employees to the City Finance Department as part of a consolidated services effort.
TOTAL ALL FUNDS $4,041,175 $4,041,1 75
Office of the Mayor
~llan ~. DeBoer
MEMORANDUM
TO:
FROM:
DATE:
RE:
City Council
Mayor Alan DeBoer~
June 11,2003
Appointment of Interim Police Chief
JUNE 17, 2003 CITY COUNCIL MEETING
Due to health concerns, Scott Fleuter has announced that he will be resigning from the
position of Police Chief in late August. The same health concerns that have prompted
his resignation will also cause him to be out of the office and unable to be Police Chief
beginning June 28, 2003. As a result, an interim Police Chief needs to be appointed.
According to the City Charter, this is an appointment of the Mayor with confirmation by
the Council.
I am requesting that the appointment of Lt. Rich Walsh as interim Police Chief effective
June 28, 2003, be confirmed by the City Council.
There is no fiscal impact associated with this interim appointment.
By way of background, Lt. Walsh joined the Ashland Police Department as a Reserve
Officer and a Parking Control Officer in 1981. He became a Police Officer in 1982, was
promoted to Sergeant in 1996 and to Lieutenant in 2000. Lt. Walsh has a B.A. in
criminology from Southern Oregon State College. Lt. Walsh has indicated that he will
not be a candidate for the Police Chief position, which will allow him to focus exclusively
on performing the duties of Interim Police Chief.
City of Ashland · 20 East Main Street · Ashland, OR 97520 ° (541) 488-6002 · Fax: (541) 488-5311 ° Email: awdb@aol.com
CITY OF
ASHLAND
Council Communication
Title:
Dept:
Date:
Submitted By:
Approved By:
Transient Occupancy Tax discussion
Administration
June 17, 2003
Gino Grimaldi
Gino Grimaldi
Synopsis:
The Mayor and various members of the Citizens' Budget Committee have requested council discuss and
consider a possible reallocation of monies of the City's Transient Occupancy Tax. Currently, the source
of funding for the Economic & Cultural Development Grant program is from the City's Transient
Occupancy Tax. The Budget Committee, at its Economic and Cultural Development Grant
Presentations meeting of March 5, 2003 discussed issues with the current allocations of the anticipated
tax monies. A portion of the minutes is attached which refers to this issue.
Recommendation:
None. For discussion purposes only.
Fiscal Impact:
The council will consider the fiscal impacts'of any changes made to Transient Occupancy Tax
reallocation.
Background:
Attached is a copy of Resolution 2000-25, which sets forth the current allocations of the Hotel/Motel tax
monies. Also attached is a copy of the Economic and Cultural Grants Summary setting forth the
Transient Occupancy Tax Revenue and the budgeted percentages to the Chamber of Commerce, Oregon
Shakespeare Festival and others.
Attachments:
Resolution 2000-25
Portion of ECDG Minutes of March 5, 2003
ECDG Summary
RESOLUTION NO. z~~ "~'~'-~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND
REITERATING ITS POLICY OF RELATING THE EXPENDITURE OF
MONIES FOR ECONOMIC AND CULTURAL DEVELOPMENT TO THE
HOTEL/MOTEL (Transient Occupancy) TAX AND REPEALING
RESOLUTION 98-23.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. That the City Council recognizes that the source of monies for the
Economic and Cultural Development Grant program is the Hotel/Motel Tax.
SECTION 2. Beginning in Fiscal Year 2001/2002, the City Council will appropriate thirty
three and one-third percent (33.3%) of the anticipated Hotel/Motel tax monies for
Economic and Cultural Development. Sixty percent (60%) of these funds will be
allocated to the Ashland Chamber of Commerce; twenty eight percent (28%) will be
allocated to the Oregon Shakespeare Festival; and twelve percent (12%) will be granted
to local organizations which promote Economic and Cultural Development. The
anticipated budget for subsequent fiscal years shall be based on the previous year's
actual receipts. Actual receipts which exceed the anticipated amounts will remain in the
General Fund. By January 31 of each year the Chamber of Commerce and the
Shakespeare Festival shall make a report to the City Council regarding meeting the
goals in Section 3.
SECTION 3. The following are the goals which the Economic and Cultural Development
Committee is attempting to meet by granting money to applicants.
a) To respond to general inquiries about business in the City.
b) To promote tourism.
c) To provide assistance to existing small businesses.
d) To provide technical and financial assistance for the expansion of existing
businesses.
e) To provide technical and financial assistance for the development of new
businesses.
0 To provide information and financial assistance to small cultural organizations to:
1) attract tourists with emphasis on the off-season;
2) create a greater diversity of cultural opportunities for our citizens.
SECTION 4. The following guidelines and criteria are established for the Economic and
Cultural Development Grants.
a) Grantee shall be a 501(c) non-profit agency.
b) Grantee shall be a non-governmental agency.
c) Grantee shall promote livability for the citizens of Ashland.
d) The minimum grant proposal will be $1,000.
G:\city-adrnin~lminLa, dministrationLReso-Hotel Motel tax 2000
e) The grant will benefit Ashland in regards to enrichment and activities of an
economic nature.
f) Grantee shall serve the population in Ashland but may encompass other venues
in the Rogue Valley.
SECTION 5. Resolution 98-23 is repealed upon passage of this resolution.
This resolution was read by title only in accordance with Ashland Municipal Code Sec.
I~arbara Christensen, City Recorder
SIGNED and APPROVED this ~ day of
2000.
G:\city-admin~admin~dministrationLReso-Hotel Motel tax 2000
Page 6 of 7
presentation talking about the history of the organization. She said that the
grant request would fund the Rogue Valley Blues Festival, increase
awareness of event and increase the number of venues for workshops.
Stepahin asked about the numbers of booked hotel rooms doubling.
Ballet Rogue $15,000
Glen Hill, Board President began by thanking the City for 18 years of
support. He talked about the goal of six full performances of Ballet in-the
Park. He detailed an economic study that stated that 700-800 people
attended each performance. He said that the budget was $30,000 for the full
6 performances and talked about becoming self-sufficient. Hearn asked
about last year's missed deadline. Moore asked about $1,500 in bank
charges. Hill explained that the $1,500 was the cost for processing credit
cards. Jackson asked about fees for guest dancers. Hill said it was important
to have a professional show with a mixture of talent.
DISCUSSION
The Committee discussed the allocation process in previous years.
ALLOCATIONS
The Committee agreed to decide on proposed allocations. Tuneberg suggested that each
committee member write down their proposed allocations and pass them forward to be put
into an Excel spreadsheet to get an average number and make a decision from that
average.
The Committee discussed recommendations and agreed on the following proposed
allocations for the Economic and Cultural Development grants for fiscal year 2003-04.
FY 03-04 Economic and Cultural Development Grant
Subcommittee Proposals
Grant Applicant
Artattack
Arts Council of Southern Oregon
Ashland Community Theatre
Ashland Gallery Association
Ballet Rogue
Klamath Bird Observatory
Nuwandart Gallery
Planned Parenthood - Teen Theater Program
Rogue Opera
Rogue Valley Symphony
Science Works - Hands on Museum
Siskiyou Institute
Proposed
Grant
$ 2,500
3,500
4,000
2,500
4,500
1,500
3,000
4,000
7,5OO
Page 7 of 7
Siskiyou Singers
So OR Econonomic Development Coalition
Southern Oregon Film Society
SOWAC
St. Clair Productions
Walk In Peace
Youth Symphony of Oregon
Total Proposed Allocations
2,000
3,714
3,000
5,714
2,000
3,000
$ 52,428
The Committee discussed issues with the current allocations of the anticipated
Hotel/Motel tax monies. (Per Resolution 2000-25, sixty percent (60%) of thirty-three and
one third percent (33.3%) is allocated to the Ashland Chamber of Commerce; twenty-eight
(28%) is allocated to the Oregon Shakespeare Festival; and twelve percent (12%) is
granted to local organizations which promote Economic and Cultural Development).
Silbiger/Moore mis to recommend consideration of the reallocation of the thirty-
three and one third percent (33.3%) of the Economic and Cultural Development
grant. Voice vote: Motion passed 4 to 2. Amarotico and Hearn opposed.
Tuneberg talked about changes with the application process. It was agreed that the
meeting should not be televised. Tuneberg said as part of the application redesign, a form
would be created for applicants to report on previous year's spending. The Committee
suggested changes for next year's grant process.
ADJOURNMENT: The meeting adjourned at 11:27pm.
City of Ashland
Economic & Cultural
Grants Summary
Basis
Actual Actual Actual . Budget Proposed
1999-2000 2000-2001 2001-2002 2002-2003 2003-2004
TOT Revenue
Estimate made January 2003
1/3 of Budgeted TOT Revenue
Chamber
OSF
Others
GF revenue
930,000 1,039,000 1,168,000 1,163,000 1,312,000
1,250,000
275,000 366,600 384,000 388,000 436,900
60% 162,400 216,400 230,000 232,800 262,140
28% 76,000 100,700 107,335 108,640 122,332
12% 36,600 49,500 46,000 46,560 52,428
275,000 366,600 383,335 388,000 436,900
875,100
Grants Summary for gino.xls Econ & Cultural 05/28/2003 3:47 PM
Report from Don Laws and Cate Hartzell on effort to reconsider Transient
Occupancy Tax (TOT) provisions
June 12, 2003
Our effort led us to make recommendations related to three separate components: 1) Reallocation of a portion of the 20o3-2004 TOT revenue to Oregon Shakespeare
Festival and Chamber of Commerce
2) Revision of the TOT Ordinance relative to allocations and responsibilities
3) Update and revision of the Economic Element of the Comprehensive Plan
1) Reallocation of a portion of the 2oo3-2oo4 TOT revenue to Oregon Shakespeare Festival
and Chamber of Commerce
On March m, 2003, we (Cate and Don) proposed to change the TOT Ordinance to reduce
Oregon Shakespeare Festival (OSF) and Chamber of Commerce (CoC) allocations to the
2oo~-2oo2 budgeted level and allocate the difference to social service grants. Potential Gain:
$44,000.
We met with OSF and CoC in April; the agreement made there was to commit to updating the
Economic Element of the Comprehensive Plan, with an emphasis on examining the effects of
tourism and to specify expectations and goals for use of the TOT funds allocated to those two
organizations. Don and Cate also met with Gino and Lee to discuss possible changes to the
Ordinance.
In May, OSF and the Chamber offered to help narrow the operating budget gap for next year
by returning, with no strings attached, two-thirds of the increase they have been budgeted for
next year The Chamber would reduce by $20,o00 and the OSF would reduce by $1o,ooo.
This was proposed as a one-time-only offer that's based on the assumption that the revision
of the Economic Development Element will inform and guide changes in the TOT allocation
ordinance.
Recommendation: ~) That their offer be gratefully accepted; 2) That some of those funds be
spent as mentioned below.
Revision of the TOT Ordinance relative to allocations and responsibilities
We are concerned that, during a time when the city is spending more than it is receiving in
revenues, a significant portion of the budget that is spent for culture and economic
development is receiving very little review. We question whether the City really knows what
we want those funds to achieve, how those goals are best accomplished, or what is currently
happening.
There is a significant literature on economic development efforts by municipalities,
and some of it is very skeptical about the effectiveness of their role. At one time, we received
fairly detailed reports from OSF and the Chamber about how they spent the money allocated
to them. However, largely because their activities seemed pretty much the same every year
and there was less concern over our total budget, the Budget Committee actually asked to
receive only brief written reports and the Council changed the Ordinance to designate an
June 13, 2003 Report on Transient Occupancy Tax I
established percentage of the TOT for OSF and the Chamber, eliminating the need for them to
make proposals or receive serious annual reviews.
This year the Economic Development Subcommittee asked that the ordinance
designating the apportionment of that money be reviewed. Their interest was in allocating
more of it to smaller/other culture and economic development groups. We (Cate and Don)
floated a draft amendment that would have diverted some of the TOT to pay for the free bus
program. It became obvious that these proposals needed adequate input from the affected
parties and more consideration than was possible to complete before the 'end of the budget
approval process. We met with OSF and the Chamber and we all agreed that this portion of
the budget should do its share in helping to balance our operating budget. We also agreed
that we needed to revise the Economic Development Element of Ashland's Comprehensive
Plan in order to clarify what we want to accomplish through the TOT Ordinance.
There are at least three ways to approach this task, if the Council decides to accept that
recommendation:
a) The City Council could identify options for Ordinance revision, informed by the work
of the Comp Plan Committee, conduct a public process and possibly complete that
before the next budget cycle.
b) The City Council and Mayor could appoint an Ad Hoc Committee to:
[] Sponsor a public input process to derive options for change that respond to
concerns raised about the existing allocation structure and about possible changes
to it;
[] Work with the Comp Plan Element Ad Hoc Committee to clarify how the TOT
should support the Element;
[] Recommend specific goals, targets, and reporting procedures for recipients of TOT
allocations;
[] Recommend options for changing the Ordinance.
c) The Ad Hoc Committee working on the update of the Comp Plan Economic Element
could assume this charge, since it is related to their charge. One drawback to this
option is that it is possible that they would not complete this task before the next
budget cycle. Another drawback is the potential for the suggestion to allocate more to
smaller groups getting lost in the larger, Element discussion.
3) Update and revision of the Economic Element of the Comprehensive Plan
One of City Council's 2003 - 2oo4 Strategic Goals is to:
a. Continue update of economic development Comprehensive Plan element.
· Develop written outline of Economic Development policies.
· Review Economic Development strategies with the community.
· Focus on appropriateness of industrial development goals.
We propose the following process as a discussion point for achieving this goal.
Convene a new Ad Hoc Committee to serve as the public involvement point of contact
for this process. Consider both members of the last Ad Hoc Committee as well other
members of the public. We recommend ensuring that we have broad-based
representation, given that one of the questions we are asking has to do with
June 13, 2003 Report on Transient Occupancy Tax 2
diversifying our economic base. Council will outline a set of questions or assumptions
as part of the framework within which the Committee will work. These include
questions addressed in some way through the Plan: diversity of the economic base, the
implications of types of economic growth, what we've learned about the relationship
between economic and population growth in the last lo years, and what the role of the
city should be in the next lo years.
2. Use a portion of the funds that will be returned to the city from O_SF and the Chamber
(see 1 above) to hire Rebecca Reid or a consultant with similar expertise to compile
recent data tiered to the Comp Plan Element indicators, and questions that the City
Council and Ad Hoc Committee identify and prioritize.
3. While the consultant works, the Committee would review the existing Element and
convene public meetings for input.
4. The consultant would present that information to the Council, Ad Hoc Committee and
possibly an Ad Hoc Committee considering changes to the TOT Ordinance.
5. The Committee would draft an update of the Element for Council consideration.
June 13, 2003 Report on Transient Occupancy Tax 3
CITY OF
SHLAND
Council Communication
Title:
First Reading of an Ordinance Amending Ashland Municipal Code Section
6.28.035 by Revising Regulations Applicable to Pedicabs
Dept:
Date:
Submitted By:
Reviewed By:
Approved By:
Public Works Department
June 17, 2003
Paula Brown
Paul Nolte
Gino Grimaldi
Synopsis:
Ashland Municipal Code Section 6.28.035 authorizes staff to prepare and provide permits required for
tour buses or special vehicles. The attached ordinance revisions allow for pedicabs as special vehicles
and although they would not be restricted to a specific rome, and would be allowed to stop and pick up
passengers, pedicab use would be required to meet the following added conditions:
a. Any route used will not create traffic congestion or adversely affect the character or privacy of
a residential area.
b. The manner and method of pick-up and delivery of passengers will not creme, or materially
contribute to, a parking problem or traffic congestion.
Pedicab operators would be required to obtain a special use permit.
Recommendation:
It is recommended that the Council adopt a motion to move to second reading an ordinance amending
Ashland Municipal Code Section 6.28.035 by revising regulations applicable to pedicabs.
Fiscal Impact:
Adoption of the recommendation has no direct fiscal impact with the exception of enforcing the
ordinance requirements and potentially collecting fines if the ordinance is not followed.
Background:
Dylan Robbins and Edward Rogers have made an application to provide a pedicab service throughout
Ashland. This application was taken to the Bicycle and Pedestrian Commission with their approval as
shown on the attached memorandum. The application was also taken to the Traffic Safety Commission
(TSC) on May 29, 2003. The TSC was generally supportive of the pedicab, but wanted to be assured
that the pedicab would always have adequate lighting and that if the system were to fail at night they
would cease operation until it was fixed. Also the TSC wanted the be assured that if at any time the
brake lights were to fail, day or night, they are to cease operation until fixed. These items can be added
to the actual special vehicle permit and will go back to TSC for their consideration prior to being issued.
\\COMPAQl~DATA\GOV~pub-wrks\admin~PB Council\CC Pedicab Ord Rev 17Jun03.doc
ORDINANCE NO.
AN ORDINANCE AMENDING ASHLAND MUNICIPAL
CODE SECTION 6.28.035 BY REVISING REGULATIONS
APPLICABLE TO PEDICABS
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
Annotated to show deletions and additions to the code sections being modified.
I | .,.....-. ,,-~ ,J. I,.~ .....
Deletions are ,,,,~,~ ,,,,,.,uu,, and additions are underlined.
SECTION 1. The following subsection 6.28.035.C.6 is added to the Ashland Municipal
Code:
SECTION 6.28.035 Permit Required for Tour Bus or Special Vehicle.
Co
Criteria for approval. The proposed operation shall
1. Have a clearly defined route that will not create traffic congestion or adversely
affect the character or privacy of a residential area.
2. Have proposed pick-up and delivery locations that will not create, or
materially contribute to, a parking problem.
3. Have a vehicle speed that will not create traffic congestion or safety
problems.
4. Utilize streets of sufficient width, including vision clearance at intersections,
so that it will not materially contribute to traffic and pedestrian safety
problems.
5. Have a fixed route with passengers picked up only at a specified single point
of origin and, except for Lithia Park, passengers shall be returned to that
same point.
6. Only subsections 3 and 4 of this section apply to the operation of pedicabs. In
addition, the following criteria apply 0nly to pedicabs:
a. Any route used will not create traffic congestion or adversely affect the
character or privacy of a residential area.
b. The manner and method of pick-up and delivery of passengers will not
create, or materially contribute to, a parking problem or traffic conqestion.
SECTION 2. The following subsection 6.28.035.D.3 is added to the Ashland Municipal
Code:
D. Operations Prohibited. Permittees in the operations described in this section
shall not:
1 - Ordinance G:\legal\PAUL\ORD\P\pedicab ord anno.wpd
1. Respond to specific or individual calls for transportation from one point to
another in the manner of taxicabs or otherwise perform the services of
taxicabs as defined in Section 6.28.020, or
2. Attempt to promote patronage through garish display of colors, sounds,
murals or other thematic devices located on the vehicle.
3. Subsection 1 of this sectio.n does not apply to pedicabs.
The foregoing ordinance was first READ on the day of
duly PASSED and ADOPTED this __day of ,2003.
,2003, and
Barbara Christensen, City Recorder
SIGNED and APPROVED this__ day of
,2003.
Alan W. DeBoer, Mayor
Paul Nolte, City Attorney
2 - Ordinance G:\legal\PAUL\ORD\P\pedicab ord anno.wpd
CITY OF
-ASHLAND
Memo
DATE:
TO:
FROM:
COPIES:
May 16, 2003
Honorable Mayor and City Council
Traffic Safety Commission.
Maria Harris, Associate Planner
Bicycle and Pedestrian Commission
Gino Grimaldi, City Administrator
Paul Nolte, City Attorney
John McLaughlin, Community Development Director
Paula Brown, Public Works Director
Jim Olson, City Engineer/Project Manager
Proposal.for the Operation of a Pedicab (Bicycle Tam') Service
The'Bicycle and Pedestrian Commission recommended approval of the pedicab proposal at their May
15, 2003 meeting. The Commissiondiscussed: several issues related to the proposal that are listed
below.
The Commission believes the presence ofthe pedicabs on the streets will promote bicycling.
The pedicabs are noticeable and utilitarian. Ashland residents will see the bicycle taxis and
may be encouraged to try bicycling for shorter trips.
· The Commission feels a strength of the proposal is that one of the applicants has experience
operating a pedicab. It was noted that his experience was in Austin; Texas which has high
traffic flows.
The Commission discussed the use of A Street by the bicycle taxis and the potential impact
during peak travel periods. The applicants said that the pedicabs typically move as fast as an
ordinary bicycle. The applicants agreed with the importance of stopping and unloading
outside of the vehicle travel lanes.
The Commission believes the pedicabs should be.allowed to use the Central Ashland Bicycle
Path. The Commission pointed out that the path is a "multi-use path" both in plan
designation and in current use. A wide variety of people/vehicles (i.e. pedestrians, joggers,
dog-walkers, baby carriages and joggers, skateboards, scooters, bicycles) currently use the
path and the Commission believes the pedicabs would be consistent with that mix. The
Commission expressed the importance of the pedicab operators being considerate to other
users, as is the hope that the current users are considerate of each other.
Depa~nt of Community Development Tel: 541
20 East Main Street Fax: 541-~52-2059
The CommiSsion discussed the issue of the certification/licensing of pedicab operators.
The Commission believes the pedicabs should not be restricted to specific hours or locations.
The Commission feels that the business owners will determine the best parameters for the
operation. Concerns were expressed regarding a restrictive approval, and it potentially
becoming an enforcement issue for the City. The Commission discussed the bicycle taxis in'
comparison to motor vehicle taxicabs. It was noted that motor vehicle taxicab services are
currently not restricted in hours or locations.
The Commission discussed the City'S Transportation Goals and Policies including the
concept of modal equity- people using all types'of transportation having the opportxmity to
conveniently and safely use Ashland's streets. The Commission believes allowing the
bicycle taxis to operate on all city streets is consistent with the core concept of the
Transportation Element. Bicycle taxis are another mode of transportation that should be
allowed to use the system along with the motor vehicles, taxicabs, pedestrians, bicycles,
buses, etc. The Commission feels the pedicabs can operate as a bicycle and satisfy the rules
of the road applying to bicycle operation.
20 East ~ Slreet Fax: 541-552-~
Proposal for the
Operation of a Pedicab
(Bicycle Taxi) Service
In Ashland, Oregon
'Presented by
Dylan Robbins
(541)488-4322
and
Edward Rodgers
(541)482..2454
Introduction
The seasonal tourist population in Ashland, Oregon is the backbone of the community's
economy. As this population continues to grow, the need for innovative,
environmentally-friendly transportation options becomes more evident.
Pedicabs, also known as bicycle rickshaws, have been incorporated into numerous
communities, both in the U.S. and abroad, as a clean, quiet and enjoyable method of
collective transportation. The integration of a pedicab service into Ashland's
transportation structure, in addition to providing an enjoyable experience to passengers,
will serve to reduce automobile emissions and congestion, help alleviate parking issues,
and encourage patronage of local businesses.
As Ashland's population grows, so too do problems associated with increased automobile
usage. The City of Ashland has demonstrated a commitment to encouraging alternative
forms of transportation. This can be seen in the recent project to incorporate bicycle lanes
on Siskiyou Avenue, as well as an expanded bus service that allows, passengers to carry
bicycles to their destinations. Pedicabs represent an ideal, human-powered means of
community transportation that would service both the local and tourist population.
Tourists who consider their accommodations too far from the city center to walk would
have an environmentally-friendly alternative to driving their automobiles. This would
reduce not only automobile emissions, but also the number of cars present in downtown,
thus easing pressure on the city's limited parking resources.
In addition to providing a zero-emissions alternative to the extant travel mix in Ashland,
the incorporation of pedicabs can also serve as a boon to those businesses that lie outside
the main commercial and tourist traffic zone along North and East Main Streets. The
restricted mobility of many tourists, coupled with a lack of knowledge regarding the
existence of satellite commercial zones--most notably the A Street Marketplace--often
limits patronage to these areas. These limitations could easily be overcome by providing
shuttle service via pedicab from the Lithia Park plaza area to A Street, thus increasing
patronage to these businesses without the attendant automobile congestion and parking
problems.
One of the hallmarks of a progressive community is the development of innovative
solutions to those problems with which they are confronted. The City of Ashland has
distinguished itself as just such a community. This image, fostered by years of forward-
thinking community planning, would be further bolstered by the incorporation of a
bicycle taxi service into the city's transportation network. Visitors and locals alike would
benefit from this addition, providing individuals the oppommity to experience the beauty
of our city in an enjoyable and mindful way.
Proposed Vehicle
The proposed operation will employ the 21-speed pedal-powered taxi manufactured by
Main Street Pedi-Cabs, Inc. of Denver, Colorado. Main Street Pedi-Cabs is recognized as
the leading manufacturer of quality pedicabs in the United States, with an unparalleled
record of safety and reliability. Their standard models include features such as dual-
beam halogen headlights, rear running lights, brake lights, turn signals, and powerful rear
disc brakes. They also come equipped with seat belts and an optional canopy to protect
passengers from sun and rain.
Source: http://www, pedicab, com
The 21-Speed, Pedal-Powered Taxi
Manufactured by Main Street Pedi-Cabs, Inc.
O 1995 Main Street Pedi-Cabs, Inc.
Pedicab standard features
Pedicab Frame and Chassis:
· Tig-welded chromoly frame with powder-coat finish. Available in a number of
colors.
· Heavy-duty steel axles
· Rear axle differential for outstanding maneuverability
4
Passenger Cab:
· Fiberglass passenger cab with steel suspension sub- frame available in a variety
of gelcoat colors.
· Durable vinyl upholstery with padding.
Fork:
· Chromoly solid front fork with chrome finish
Wheels & Hubs:
· 48-spoke hubs laced to aluminum alloy downhill rims
Components:
· 21-speed drivetrain with indexed, grip-shifting
Lights:
Halogen headlight system, running lights, turn signals and brake light
Brakes:
· . Rear: Powerful rear hyrdraulic brake with innovative "floating disc" -- no brake
drag
· Front: V brake
Proposed Fee Structure
Due .to the nature of the service and the technical problems associated with attaching a
fee meter to the vehicle, the fee structure will differ from conventional taxi service. ·
Standard practice in the pedicab industry dictates that drivers work for tips. This allows
the passenger(s) to independently consider factors such as distance traveled, number of
passengers and difficulty of the route traveled and adjust compensation accordingly.
There are situations, however, in which the "tips only" compensation scheme is
inappropriate. In order to allow pedicabs to be hired for private functions or to be rented
for tours of a specified duration, an hourly rate of $50 an hour will be assessed. Signage
stating, "Driver works for tips or $50 an hour" will be posted on the pedicab in a
prominent location, informing the passengers of the fee schedule.
Insurance
As with any form of public vehicular transport, insurance is a necessary component to
protect both the passenger as well as the driver should an accident occur. Several
reputable companies provide comprehensive insurance for owners and operators of
pedicabs. Most communities in which pedicabs currently operated specify that the
operators must possess insurance providing coverage of five hundred thousand dollars
per occurrence for bodily injuries and personal injuries or property damage
caused by the operation of the pedicab. McKay Insurance (1-800-942-0283) provides
such a policy, and will most likely be employed in the proposed operation.
CiTY OF
SHLAND
Council Communication
TITLE:
DEPT:
DATE:
SUBMITTED BY:
APPROVED BY:
Second Reading of an ordinance levying taxes for the period of July 1, 2003 to
and including June 30, 2004.
Finance Department
June 17, 2003 ~
Finance
Lee Tuneberg, Director
Gino Grimaldi, City Administrato
Synopsis:
The second reading of the Ordinance levying taxes for the period of July 1, 2003 to and including June
30, 2004 that was first read June 3, 2003.
Such taxes in the sum of $8,008,000 upon all the real and personal property subject to assessment and
levy within the corporate limits of the City of Ashland, Jackson County, Oregon. The levy consists of
three parts: (1) a permanent rate supporting the General and Parks Funds of $3.56440, totaling
$5,388,000 (2) a local option levy supporting Ashland Youth Activities Fund at a rate of $1.3800,
totaling $2,022,000, and (3) four bonded debt levies totaling $598,000 with a combined rate of
$0.39560.
Recommendation:
Staff recommends approval of the attached Ordinance by its second reading.
Fiscal Impact:
Enables the City to levy a property tax rate and receive revenue as authorized by the budget committee.
Background:
The estimated total tax rate is expected to decrease over last fiscal year due to a slight reduction in
bonded debt levies. This Ordinance is consistent with the Budget Committee's recommendation.
ORDINANCE NO.
AN ORDINANCE LEVYING TAXES FOR THE PERIOD OF JULY 1,2003 TO AND INCLUDING
JUNE 30, 2004, SUCH TAXES IN THE SUM OF $8,008,000 UPON ALL THE REAL AND
PERSONAL PROPERTY SUBJECT TO ASSESSMENT AND LEVY WITHIN THE CORPORATE
LIMITS OF THE CITY OF ASHLAND, JACKSON COUNTY, OREGON
THE PEOPLE OF THE CITY OF ASHLAND ORDAIN AS FOLLOWS:
Section 1. That the City Council of the City of Ashland hereby levies the taxes provided for in the adopted budget in the
permanent rate of $3.5640 per thousand an amount estimated to be $5,388,000, voter authorized Local Option in the
rate of $1.3800 per thousand an amount estimated to be $2,022,000, as well as $598,000 authorized for the repayment
of General Obligation Debt and that these taxes are hereby levied upon the assessed value for the fiscal year starting
July 1,2003, on all taxable property within the City.
Section 2. That the City Council hereby declares that the taxes so levied are applicable to the following funds:
General Fund
Parks and Recreation Fund
Youth Activities Levy
1982 Water Bond Levy
1992 Water Bond Levy
1997 Flood Restoration Bond Levy
2000 Flood and Fire Station Bonds
Permanent Rate
Local Option Bonded Debt Per $1,000
$ 2,225,000 1.4719
3,163,000 2.0925
$ 2,022,000 1.3800
83,000
100,000
105,000
310,000
$ 5~388~000 $ 2~022~000 $ 598~000
The ~regoing ordinance wasfirst READ onthe
~day ofJune, 2003.
day of June, 2003, and duly PASSED and ADOPTED this
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of June, 2003.
Reviewed as to form:
Alan W. DeBoer, Mayor
Paul Nolte, City Attorney
CiTY OF
-/ SHLAND
Council Communication
TITLE:
DEPT:
DATE:
SUBMITTED BY:
APPROVED BY:
A resolution transferring appropriations within the 2002-2003 Budget.
Finance Department
June 17, 2003
Lee Tuneberg, Finance Director ~
Gino Grimaldi, City Administrator flyS' ko..
/,
Synopsis:
This resolution changes thc 2002-2003 Budget and keeps thc City in compliance with Oregon Budget
Law.
Recommendation:
Staff recommends approval of the attached resolution.
Fiscal Impact:
Adjusts the FY 2002-2003 budget to match anticipated expenditures.
Background:
There are three ways in which to change appropriations after the Budget is adopted.
o
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.
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.
The first type of budget change is necessary and is the second such transfer requested for FY 2002-2003.
Attached is a resolution for your approval. The recommended changes in the budget are explained after
each request.
RESOLUTION NO. 2003-
A RESOLUTION TRANSFERRING APPROPRIATIONS WITHIN THE 2002-2003 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:
Street Fund
To: Public Works - Local Improvement District
From: Contingency
$100,000
$100,000
This transfer provides appropriations for construction work on Helman Street sidewalks
and designs for the Strawberry and Tolman Creek LIDs. These projects were not
anticipated or budgeted in this division for FY 2003 however expenditures became
necessary in this category this year and the transfer adjusts the budget accordingly.
Water Fund
To: Public Works - Distribution SDCs
From: Public Works - Distribution Division
Public Works - Treatment SDCs
Contingency
$150,000
$76,000
$24,OOO
$5O,OOO
This transfer provides increased appropriations for the Ashland Street Mainline
Replacement construction not anticipated for this fiscal year.
Wastewater Fund
To: Public Works - Construction
From: Contingency
$200,000
$200,000
This transfer provides increased appropriations for the final phase of the Treatment Plant
construction completion ahead of schedule. Construction was originally scheduled for
completion early in FY 2003-04 but is proceeding more rapidly than anticipated thus
there will be less spent next year.
SECTION 2. This resolution takes effect upon signing by the Mayor.
This resolution was read by title only in accordance with Ashland Municipal Code Section
2.04.090 duly
PASSED and ADOPTED this 17th day of June, 2003:
Barbara Christensen, City Recorder
SIGNED and APPROVED this 17th day of June, 2003:
Reviewed as to form:
Alan W. DeBoer, Mayor
Paul Nolte, City Attorney
CITY OF
-ASHLAND
Council Communication
Title: A Resolution Declaring the Canvass of the Vote of the Election Held in and for the City
of Ashland, Oregon, on May 20, 2003, and Mayoral Proclamation.
Dept: Legal Department
Date: June !7, 2003 /~
Submitted By: Paul Nolte ~)
Approved By: Gino Grimaldi {J~
Synopsis:
The resolution and proclamation set forth the results of the election on May 20, 2003, and make the
canvass a matter of record as required by the city charter.
Recommendations:
Council should adopt the resolution, and the mayor should make the proclamation.
Fiscal Impact:
None.
Background:
Article VII, Section 6, of the City Charter requires that the canvass of votes for all city elections be
made, and the results of the election "shall be entered in the record of the proceedings of the council."
The resolution sets forth the vote for each measure, and the proclamation sets forth the passage or failure
of each of ballot measures, all as required by this charter section.
1 - GSlegal~sharlene\COUNClL\Communications\canvass of the vote-cc 603.wpd
RESOLUTION NO. 2003-
A RESOLUTION DECLARING THE CANVASS OF THE VOTE OF THE
ELECTION HELD IN AND FOR THE CITY OF ASHLAND, OREGON, ON
MAY 20, 2003.
RECITALS:
Ao
The City Council of the City of Ashland met on the 17th day of June, 2003, at the
City of Ashland's Civic Center and proceeded to canvass the vote cast at the
election held in and for the City of Ashland on the 20th day of May, 2003.
B.
The Council has canvassed the vote and has determined the number of votes for
the measures as follows:
15-43 Ashland Youth Activities Five-Year Yes 5,132
Operating Local Option Tax No 1,336
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. Measure 15-43, which posed the following question is declared to have
passed: "Shall City impose $1.38 per $1,000 of assessed value for youth activities
beginning 2003-2004? This tax rate would be imposed for five years. This measure may
cause property taxes to increase more than three percent."
SECTION 2. 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 June, 2003.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2003.
Paul Nolte, City Attorney
Alan W. DeBoer, Mayor
PAGE I - RESOLUTION DECLARING THE CANVASS OF THE VOTE
G:~IegaEshadene\COUNClL\ELEC 503 RES.wpd
PR 0 CLAMA TION
I, Alan W. DeBoer, Mayor of the :CitY0f AShland i:Omgon, do proclaim that at the
election held in the City. of Ashland, Oregon, on the 20th day of May, 2003, there was
·
·
submitted to the voterS.a measure regarding the Ashland Youth Activities Five-Year
Operating Local~,Qption~:~-Tax which posed the question: "Shall City impose $1.38 per
$1,000 of assesSed value for youth activities beginning 2003-2004? This tax rate would
be imposed for fiveYears. This measure may cause property taxes to increase more
than three percen~:'~ ThiS measure is declared to have passed with 5,132 affirmative
votes to:1,336 negative votes, and voter turnout being greater than the required 50%.
Dated at.:AShla, nd, Oregon, this
dayof June , 2003.
Alan W. DeBoer, Mayor
Precincts Reporting
51
SPECIAL ELECTION
6/3/2003 10:23:18AM Page:
lofl
Total Precincts
51
City of Ashland
05/20/2003
Percent Completed
100.00 %
Jackson County, Oregon
Rac..__~e Candidate
ASHLAND YOUTH ACTIVITIES MEASURE 15-43
YES
NO
Under-Votes
Over-Votes
Total
Total Votes Cast
Votes Percent
5,132 78.39 %
1,336 20.41%
6,468
77 1.18 %
2 0.03 %
6,547
Per Ballot Measure ~50 criteria, voter turnout was 54.6%, sufficient for the measure to
pass.
I certify the votes recorded on this abstract correctly summari~the tally of votes cast at
the election indicated. ~ ~.~ '~
Precincts Reporting
51
SPECIAL ELECTION
06/03/2003 10:23:43AM Page:
1 of 5
Total Precincts
51
City of Ashland by precinct
05/20/2003
I Percent
Completed
100.00 %
Jackson County, Oregon
Precinct
2 ASHLAND
Race Candidate
ASHLAND YOUTH ACTIVITIES MEASURE 15-43
YES
NO
Under-Votes
Over-Votes
Total
Total Votes Cast
Votes
1,508
385
1,893
21
2
1,916
Percent
78.71%
20.09 %
1.10%
0.10%
SPECIAL ELECTION
06/03/2003 10:23:43AM Page:
2 of 5
City of Ashland by precinct
05/20/2003
Jackson County, Oregon
Precinct
4 ASHLAND
Race Candidate
ASHLAND YOUTH ACTIVITIES MEASURE 15-43
YES
NO
Under-Votes
Over-Votes
Total_.
Total VotesCast
Votes
1,242
292
1,534
21
0
1,555
Percent
79.87 %
18.78 %
1.35 %
0.00 %
SPECIAL ELECTION
06/03/2003 10:23:43AM Page:
3 of 5
City of Ashland by precinct
05/20/2003
Jackson County, Oregon
Precinct
7 ASHLAND
Race Candidate
ASHLAND YOUTH ACTIVITIES MEASURE 15-43
YES
NO
Under-Votes
Over-Votes
Total
Total Votes Cast
Votes
1,161
270
1,431
16
0
1,447
Percent
80.23 °A
18.66 °A
1.11%
0.00 °A
SPECIAL ELECTION
06/03/2003 10:23:43AM Page:
4 of 5
City of Ashland by precinct
05/20/2003
Jackson County, Oregon
Precinct
10 SOU
Race Candidate
ASHLAND YOUTH ACTIVITIES MEASURE 15-43
YES
NO
Under-Votes
Over-Votes
Total
Total VotesCast
Votes
40
2
42
0
0
42
Percent
95.24 %
4.76 %
0.00 %
0.00 %
SPECIAL ELECTION
06/03/2003 10:23:43AM Page:
5 of 5
City of Ashland by precinct
05/20/2003
Jackson County, Oregon
Precinct
13 ASHLAND
Race. Candidate
ASHLAND YOUTH ACTIVITIES MEASURE 15-43
YES
NO
Under-Votes
Over-Votes
Total _.
Total Votes Cast
Votes
1,181
387
1,568
19
0
1,587
Percent
74.42 %
24.39 %
1.20 %
0.00 %