HomeMy WebLinkAbout2004-0120 Council Mtg PacketCouncil Meeting Pkt.
BARBARA CHRISTENSEN
CITY RECORDER
CITY OF
SHLAND
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is:the subject of a public headng which has been dosed. The Public Forum is the time!o speak on
anY Subject not on the pdnted agenda. If you wish to speak, please fill outthe speaker Request
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the length of the agenda.
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
January 20, 2004
Civic Center Council Chambers, 1175 E. Main Street
6:30 p.m. Executive Session: Labor Negotiations with Ashland Police Association and
Ashland Firefighters Association pursuant to ORS 192.660(2).
7:00 p.m. Regular Meeting:
PLEDGE OF ALLEGIANCE:
II. ROLL CALL:
III. APPROVAL OF MINUTES: Regular Council Meeting Minutes of January 6, 2004.
IV.
SPECIAL PRESENTATIONS & AWARDS:
(None)
CONSENT AGENDA:
Minutes of Boards, Commissions and Committees.
Confirmation of appointments to Housing Commission: Liz Peck for a term to expire
April 30, 2007; Wendy Ostlund-Rutkai for a term to expire April 30, 2005; and, Faye
Weisler for a term to expire Apdl 30, 2006.
Termination of a Public Utility easement on 1322 Seena Lane.
Approval of Agreement No. 20939 - Transportation Enhancement Project (Bikepath)
Jackson Road to Laurel Street between the City of Ashland and the Oregon
Department of Transportation.
VI.
PUBLIC HEARINGS: (Testimony limited to 5 minutes per speaker, unless it is the
subject of a Land Use Appeal. All hearings must conclude by 9:30 p.m. or be continued
to a subsequent meeting.)
1. Appeal of Planning Action 2003-127, a Request for a Land Partition and Site Review
to Construct a Multi-Floor, Mixed-Use (Condominium and Commercial) Building with
Underground Parking upon the area Occupied by the Existing Ashland Springs Hotel
Surface Parking Area. An Exception to City Downtown Design Standards is
requested to Allow Recessed Balconies upon Street Facing Elevations {VI-B-(3)}.
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LJ ~ !
VII.
VIII.
IX.
Xl.
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:
(None)
OI~DINANCES~ RESOLUTIONS AND CONTRACTS:
Second reading by title only of "An Ordinance Amending Section 10.30.020 of the
Ashland Municipal Code to Simplify the Annual Consideration of Outdoor Burning
Regulations by the City Council."
Reading by title only of "A Resolution of the City Council of the City of Ashland,
Oregon, Authorizing the Financing of Capital Costs Associated with Constructing a
Hangar at the Ashland Municipal Airport."
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
Xll.
LIAISONS:
ADJOURNMENT:
II
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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).
COUNCII. MEETINGS ARE BROADCAST LIVE ON CIIANNEI.. 9
V1S1T THE CITY OF ASHI.AND'S WEB SITE AT WWW.ASHI. AND.OR.[JS
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
January 6, 2004 - 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 Heam were present.
MAYOR'S ANNUAL ADDRESS
Mayor read aloud his annual "State of the City Address." (complete annual address attached to minutes)
Mayor reminded the citizens of the upcoming Boy Scouts Christmas Tree pick-up day scheduled for Saturday,
January 10th.
APPROVAL OF MINUTES
The minutes of the Regular Council Meeting of December 16, 2003 were approved with the following
amendments:
· Page 2, after Public Hearing, paragraph 4, first sentence to read "Comment was made that accessory unit
housing is mixed and not just affordable housing."
· Page 3 under Status Report on the Grove, paragraph 5, first sentence to read "Councilor Hartzell stated she
has not heard of a coherent proposal for how the building could be used that would meet the need for which
it was originally established within while meeting the HUD requirements."
· Page 4, paragraph 6, first sentence should read "Councilor Hartzell suggested possib!y pointed out that
relocating the Senior Center to The Grove was a possibility."
City Recorder Barbara Christensen noted the following amendment to the motion could not be made without
reviewing the tape: Page 4, motion for staff to proceed with Option/ti, should read "proceed with Option 1,
Number 2." Upon review of the minutes from December 16, 2003, the motion was correctly stated and no
change will be made.
SPECIAL PRESENTATIONS & AWARDS
The Finance Department was presented the Distinguished Budget Presentation Award for the current fiscal
year from the Government Finance Officers Association (GFOA). This award is the highest form of
recognition in govemment budgeting and represents a significant achievement.
CONSENT AGENDA
1. Minutes of Boards, Commissions and Committees.
Councilor Morrison/Jackson m/s to approve Consent Agenda. Voice Vote: All AYES. Motion Passed.
PUBLIC HEARINGS
1. Public Input for 2004/2005 Council Goals and Priorities.
City Administrator Gino Grimaldi explained that each year the City Council conducts goal setting to layout
the path the City will take in the coming year. The City Staff then uses this layout to prepare the budget. The
following public input is part of the process for the 2004/05 Council goal setting.
Public Hearing Open: 7:23 p.m.
Joanie McGowan/951 Clay Street/Requested that the City create incentives for people to walk rather than
drive, address the issue of affordable housing, and look at the possibility of making the Mayor a paid position.
Public Hearing Closed: 7:27 p.m.
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Council commented that the Bike and Pedestrian Commission did hold events on "Car Free Day" for several
years, and also encouraged everyone to participate with the commissions and volunteer for sub-committees.
PUBLIC FORUM
Eric Navickas/711 Faith Street/Commented on the Forest Service's actions regarding the Mt. Ashland
Expansion. Navickas asked that the City step-in and request an independent analysis of the public comments.
He also suggests that the City demand that the comments received from Ashland residents be separated from
others because this is affecting the Ashland watershed and the citizens of Ashland are the ones held liable if
anything were to go wrong.
Susan Rust/42 N Wightman/Explained that the Oregon Military Dept. had filed a Notice of Appeal against
the decisions of the Planning Commission and the Council in regards to the use of the Armory. Rust stated
the notice was filed on Dec. 23rd, and the deadline to respond is Jan. 13th. She explained that the
neighborhood is pursuing legal representation to address this appeal, and asked several legal questions
regarding intervening.
Councilor Morrison/Hartzell m/s to place this issue on the agenda for discussion. Voice Vote: All
AYES. Motion Passed.
City Attorney Paul Nolte explained by January 13th, the City is required to provide a record from the date of
the appeal. He also explained if there are any other parties who wish to become part of this case aside from
the appellant (Oregon Military Dept.) and respondent (City of Ashland), they must move to intervene with
LUBA by January 13th. On January 24th, the Military Dept., through the Attorney General's office, will
submit a brief specifying the errors it feels the City made in approving the Conditional Use Permit and
imposing certain conditions. The City then has 21 days to respond to the brief.
In response to Rust's question, Nolte stated the City cannot represent the Neighborhood Association
individually, only the City of Ashland.
Nolte explained the City's interest and the neighborhood's are the same, and stated the City plans on
aggressively presenting their case to LUBA. Nolte also stated the affected citizens are permitted to consult
with the City and provide additional information.
UNFINISHED BUSINESS
1. Public Input Particulate Matter (PM10) in the Medford-Ashland Air Quality Maintenance Area
(AQMA).
Ann Seltzer Management Analyst stated at thc last meeting, Council requested Staff to prepare a revised
resolution and letter to bc submitted to DEQ. Seltzer explained there arc two options that could be included
in thc proposed attainment plan:
1) Emissions Offset - retains the current sthngent restrictions on the amount of particulate matter pollution that
can be emitted by major industry.
2) Growth Allowance - allows major industry to emit a greater amount of particulate matter and yet that
allowance is still below Federal levels.
Currently, the proposed DEQ plan includes the Growth Allowance option and not the Emissions Offset
allowance. Seltzer explained that a resolution had been prepared along with a cover letter encouraging the
DEQ to retain the slringent requirements currently in place in the Rogue Valley, and recommends that the plan
move forward with the Emissions Offset, and withdraw the Growth Allowance option. In addition, the
resolution and letter recognize the importance of moving forward from non-attainment to attainment, in order
to not jeopardize Federal funds for the Regional Transportation Plan.
.4SIll. AND CIT~' COUNCIL MEETING
JANUAR¥ 6, 2004
PAGE 2 OF 8
Councilor Jackson brought forward,
recommendations previously explained.
as the following:
for council consideration, additional suggestions to the two
She explained the additions that have been added to the resolution
1) "Request that the proposed plan include a strategy for emission offset exchanges between industry point
sources and the vehicular transportation related sources, an approach taken in other regions of the country and
one that benefits both the pubic and private sectors."
2) "Request that the proposed plan include a strategy to both monitor both PM10 and PM2.5 and to analyze
the specific point and non-point sources of these pollutants with the objective to identify specific ways to
further improve air quality in the AQMA in respect to respiratory illness."
Jackson explained the intent was to provide substantial comment, including options other than the Growth
Allowance.
Council questioned whether Section 3 of the revised resolution would reduce the City's level of control.
John Becker, representing Department of Environmental Quality (DEQ) explained offsets are a possibility that
could be workable in some venues and stated it was an idea worth looking into.
Dan Moore, representing Rogue Valley Council of Governments (RVCOG) stated the offset program is a good
idea. He explained if vehicle miles traveled, were reduced due to increased transit service, they could use the
savings from the Transportation Emissions Budget and give that back to industry.
Council expressed concern over the two different types of pollution (PM10s and PM2.5s), and stated if one
type is being traded for the other, than their flexibility to really effect the reduction of transportation pollution
is limited.
Moore stated it wouldn't be limited, and further explained there would be unlimited potential because the more
money that was put in to increased transit service using this offset idea, would be a benefit overall.
Council replied the pollutants would be replaced by industry, and stated there was no actual reduction when
using this strategy.
Moore agreed with the Council, however, noted the amount of pollutants generated from transportation is
about 70% of the overall PM10 generation in the valley. Moore further explained they could see some huge
gains, and stated he does not know that industry could use up all of the credits. Moore believes this would be
a good program for our area, and could go a long way in helping reduce vehicle miles traveled and emissions
from transportation.
Council questioned how track-in and track-out dust fit into particular matter.
Moore explained that a lot of the PM 1 Os are generated from unpaved parking lots and road wear. He stated
an increase in street sweeping would be a major benefit, especially in the biggest problem areas are (such as
White City).
Council commented that if they succeeded in reducing automobile related emission, it would leave room for
industry to grow without having to decrease the current standards.
John Becker clarified the Emissions Offset Program is primarily based on reducing emissions in the same
geographical area that they are produced. For example, if vehicle emissions in Ashland were reduced, that
would be of very little benefit to the rest of the County for industrial offset. Becker explained that from an
industrial emission credit offset prospective, the only place where emission offset credits are available in the
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Rogue Valley are where there are DEQ permitted facilities. At the current time, there are no emission offset
credits available anywhere in the Valley.
Becker explained the Medford/Ashland Advisory Committee had wanted to carry forward all of the air quality
rules for the State of Oregon and Rogue Valley to continue to protect the air. But when they came across this
emissions offset requirement, they found themselves in a bind. Knowing that there were no offset credits
available locally, they decided to look into the safety margin scenario instead.
Becker noted the Rogue Valley has the most strict air requirement in the state of Oregon, and is one of the
strictest in the nation. He also explained the removal of the Emissions Offset Option would allow Jackson
County some flexibility if they wanted to locate someone locally in an area where credits would not be
otherwise available. With that said, he stated this might not be a big issue for Ashland because Ashland does
not have a large amount of industrial zoned land and he does not foresee Ashland bringing in a large
corporation that would need offsets.
Becker explained the Significant Emission Rate allows a business to produce up to 5 tons of emissions before
they are required to obtain any offsets or perform any type of analysis. Most small businesses in the Rogue
Valley emit somewhere between 0-5 tons emissions. The larger industrial sources in White City range
anywhere from 7 to 15 tons emission apiece. The very large facilities, such as Sierra Pine emits 220 tons a year
and Boise Cascade and Timber Products emits over 100 tons a year. Becker explained that the rest of the state
allows up to 15 tons of emission before any action must be taken. Becker stated under the Federal Government
guidelines, businesses are allowed to emit up to 250 tons a year before they have to perform any of the actions
that Oregon requires at 5 tons in the Medford/Ashland area.
Becker explained the Rogue Valley has been in non-attainment for ozone, Co, and particulates for the last 20
years. They are working on the particulate maintenance plan now, to demonstrate to the EPA that they will stay
within Federal standards over the next 10-15 years.
Becker stated he does not feel the existing industry in the Rogue Valley will be affected by the emission offset
credits. He further explained that the committee came up with the growth allowance and safety margin in order
to address the needs of other areas in the Valley who may want to bring in a new business at the 6-ton level.
Becker also noted the committee is also carrying forward the LAR technology, which is required for
expansions of all businesses that are above the Significant Emission Rate.
Council expressed the want to have better air than what is currently in the valley, and also the need to fred out
where the more hazardous components are coming from.
Moore stated that Ashland can help by paving unpaved roads and requiring certified wood stoves and the
newer wood stoves (which put out barely no emissions at all).
Mort Smith/129 5th Street/Commented that he is confused that pollution from China can show up on the
North Pole, but that winds carrying particulates from White City could not reach Ashland. He stated that the
air quality is better because we do have strict requirements, and feels it is a poor tradeoff of health for
economy. Smith noted that population is increasing, and along with it the production of air pollution. Smith
noted he would rather have non-polluting industry brought into the area.
Joanie McGowan/951 Clay Street/Supports the Council's recommendation and encouraged the public to
attend the third hearing on Wednesday, January 21, 2004 at South Medford High School at 5:30 p.m.
McGowan stated that there were over 400 people at the previous meeting and the overwhelming majority was
in favor of keeping the high standards that are currently required.
Chuck Keil/359 Kearney/Stated that he knows a lot about this subject and has worked on public health for
.{SttI. AND C17'~' (X}UNCII. MEti'TING
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most of his life. He explained this is a very complex subject and there are no absolute safe and unsafe numbers
when dealing with air quality standards. Keil noted that just because they say the risk to public health has been
reduced enough, doesn't mean they can continue to reduce the risk. He encouraged the Council and the rest
of the valley to approach this subject as, not what the acceptable level of risk is, but how good can we make
it.
Michael Riedeman/632 Iowa/Voiced concern over the pollution increases the DEQ's proposal would allow,
and commented on what he felt was wrong with the proposal. Riedeman explained that typographically, the
Rogue Valley is one of the two worst smog-entrapping valleys in the nation, and also stated that Jackson
County's highest annual particulate level last year was significantly higher than any other county in Oregon
containing a moderate to large sized city. And, that lifting the emissions offset requirement would make it
possible and very desirable for major polluting industry to locate along the I-5 corridor, and could make the
valley less desirable and negatively affect business investments and home values.
Mary Rexford/129 5th/Thanked the Council for their ability and willingness to address this complex issue.
Stated the valley has the strictest air quality standards in the state because we need them, and noted the valley's
distinct geographic locale. Rexford explained that Ashland is a part of the valley, and what happens in White
City and North Medford is a concern for Ashland residents. Rexford stated she strongly objects to the DEQ's
proposal.
David Chapman/318 Wrights Creek Drive/ Stated Jackson County is not only part of the 10% worst
counties for PM10s, but worst in PM2.5s as well. Explained that if they retain the same plan they have now
(non-attainment), by 2015 they could have 46% more pollution than currently in the valley. Chapman
explained they need to focus on reducing miles traveled, especially for diesel trucks. He stated that
6% of the vehicles on the road are heavy-duty diesel trucks, and yet they generate 70% of the particulates.
Chapman wants to make sure that if they switch to attainment, than the past restrictions with non-attainment
are still in place.
Mary-Kay Michelsen/2810 Diane Street/Commented that the DEQ's proposal is headed 180 degrees off,
and every effort should be to decrease pollution not increase it. Michelsen requests that the Council pass their
proposed resolution in opposition to DEQ's proposal.
Conde Cox/705 E "C" Street, Jacksonville/Stated this is the residents' opportunity to do something to
protect them on an environment quality question that they will never have again. Cox noted the significance
of DEQ's plan, and how it could affect tourism. He stated that the DEQ's proposal Would allow the entire
Rogue Valley to become as polluted as White City is today in particulates. Cox stated the DEQ is instructed
by legislature to fight and oppose any attempt by the Federal EPA to impose emission offset requirements on
industry in Oregon. He also stated the EPA in August of 2003, stated for medical and health reasons,
particulate levels should be reduced to between 13-30 micrograms for coarse particulates, and reduced to 12
for PM2.5s. Cox explained the DEQ's proposal would allow for a 50-microgram level.
Councilor Morrison/Jackson m/s to approve letter in regards to moving plan ahead with Option
l(Emissions Offset), and pass the revised longer resolution. DISCUSSION:
Councilor Hartzell explained she is still not completely comfortable with Section 3, and would like for
someone to address concerns of trading PM10's for PM2.5's.
Councilor Jackson explained Section 3 is instructing DEQ to, instead of going to a growth allowance, to retain
the emissions offset, and work to broaden the way emission offset exchanges would be included in
improvements to the public transportation system. Jackson stated nothing that she has written suggests trading
PM2.Ss for PM10s.
Councilor Laws stated Ashland has a real concern for particulates in all parts of the valley, and stated he
ASttl. AND CITY C. OUN('.II. MEETING
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LJ L~ I
believes the Council has a stronger voice in the first (shorter) resolution. Laws explained that anything that
can be done to refine offsets should be investigated further, and stated he would rather have clean air than
bring in industry over 5 tons. He stated that the Medford/Ashland area has the potential to be one of the two
worst polluted areas in the United States, and is opposed to allowing pollution levels to get up to within 5%
of the existing safety limit.
Councilor Morrison stated he does not fault those who want to see economic improvement in the valley,
however this is the wrong way to accomplish it. He appreciates the testimony heard, and would like to adopt
the longer resolution and cover letter that goes along with it.
Councilor HartzelFLaws m/s to amend motion by removing Section 3. DISCUSSION:
Councilor Jackson explained Section 3 does not allow increase growth in emissions; it is a straight trade,
however the credit system would need to be developed.
Councilor Hartzell stated if they remove this Section, they still have a very strong statement.
Voice Vote on removing Section 3: Laws, Amarotico, Hartzell, YES; Jackson, Morrison and Hearn,
NO; Mayor, YES. Motion Passed.
Roll Call Vote on original motion: Laws, Itartzell, Amarotico, Jackson, Morrison, and Hearn YES.
Motion Passed.
NEW AND MISCELLANEOUS BUSINESS
1. Election of Citizens Budget Committee members (2).
Councilor Laws/Hearn m/s to reappoint Raymond Olsen and Russ Silbiger to the Citizen's Budget
Committee to December 31, 2006. Voice Vote: All AYES. Motion Passed.
2. Council Election of Chair to City Council.
Councilor Morrison/Hearn m/s to elect Councilor Hartzell as 2004 Chair of City Council. Voice Vote:
All AYES. Motion Passed.
3. Mayor's appointments of council liaisons to various boards and commissions.
Mayor presented his council liaison appointments for the year 2004 and explained how he had made his
decisions.
Council discussed having more councilors participating on the Regional Boards and how the council could
improve the liaison functions so that information is transfered better.
Councilor Laws/Jackson m/s to approve appointments. DISCUSSION: Council briefly discussed how to
improve communication between thc liaisons, and it was noted that thc minutes from the different commissions
are provided in thc council packet for councilors to review. Voice Vote: All AYES. Motion Passed.
4. Update on sale of Strawberry Lane Property.
Community Development Director John McLaughlin explained staff is recommending a three-lot partition
(which will ultimately be 4 lots). Two lots would become available for sale right away, and approximately a
year from now the other two would become available.
Mayor DeBoer asked how the access to Lot 4 would be developed. McLaughlin explained that it depends on
the adjoining property, and stated they are leaving the options open.
McLaughlin clarified the sale of the first two lots should easily cover the commitment to The Grove. Each lot
should sell between $250,000-$350,000, and they only require about $250,000 for The Grove.
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JANU.4RY 6, 2004
PA GE 6 OF 8
Councilor Hearn/HartzeH m/s to approve recommendation. Voice Vote: All AYES. Motion Passed.
5. Amendments to Communication Services Subscription Agreement with Medford Police
Department.
Mike Bianca, Police Chief explained that it will have been one year since the City entered into an agreement
with the City of Medford to provide dispatch services for police and fire communcation services. Biance stated
that new needs have been recognized that the original agreement did not have. The amended agreement
includes:
1) the trade of dispatch equipment to Medford, in exchage for Medford assuming all initial costs for connecting
the Ashland's radio equipment to the Medford Communications Center
2) partnering with Medford for software purchase used in mobile data computers
3) providing monitoring of the Public Works radio channel after hours when crews are activated by RVCCOM
Councilor Jackson/Morrison m/s to approve amendments. DISCUSSION:
Council expressed concern that both the primary and back-up systems and located in Medford.
Staff clarified that if the first two systems were to fail, they can always utilize Ashland's equipment. Staff also
explained they have an agreement with Qwest, which would transfer services to a .target number should they
encounter any problems with 911. Voice Vote: All AYES. Motion Passed.
ORDINANCES~ RESOLUTIONS AND CONTRACTS
1. Second reading by title only of "An Ordinance Amending Various Provisions of the Ashland Food
and Beverage Tax in Ashland Municipal Code Chapter 4.34."
Assistant CityAttorney Mike Franell noted the only revision from the first reading is located in Section 2(F).
Councilor Hartzell/Amarotico m/s to approve Ordinance #2903. Roll Call Vote: Laws, Jackson,
Amarotico, Morrison, Hartzell and Hearn, YES. Motion Passed.
2. Second reading by title only of "An Ordinance Withdrawing an Annexed Area from Jackson
County Fire District No. 5 (Russ Dale Annexation, 250 Clay Street).
Councilor Laws/Jackson m/s to approve Ordinance #2904. Roll Call Vote: Hearn, Hartzeil, Morrison,
Amarotico, Laws and Jackson, YES. Motion Passed.
3. First reading by title only of "An Ordinance Amending Section 1030.020 of the Ashland Municipal
Code to Simplify the Annual Consideration of Outdoor Burning Regulations by the City Council."
Ordinance was read aloud in full.
Fire Chief Keith Woodley explained to the Council the purpose of the annual reports. That buming regulations
had not been in conformity with what Jackson County was doing, and there was some conflict that developed.
When Council amended the ordinance to conform with Jackson County, they also added an annual review to
monitor the process.
Woodley recommeded that the City conducts it's buming at the same time as the county, and added that this
process will not add to air quality issues.
Councilor Morrison suggested adding the word 'safely' to Item 2(B), and it was done in Section 1 (A).
Councilor Hartzell/Hearn m/s to approve first reading with noted change and move to second reading.
Roll Call Vote: Hartzell, Jackson, Laws, Hearn, Morrison and Amarotico, YES. Motion Passed.
4. Reading by title only of "A Resolution declaring the city a hybrid entity under HIPAA."
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Assistant City Attorney Mike Franell explained the Federal Government passed HIPAA in 1996 with a
compliance deadline for medical providers of April 2003. The Act affects Ashland because we are a medical
services provider through the ambulance service. Franell explained the City has a compliant program with the
ambulance service dept., however since the service is ran by the City, if they do not declare themselves as a
hybrid entity, then they would need to have a compliant program throughout the city.
Franell stated the hospital is not affected by this because the City does not operate the hospital. Franell also
stated that Greg Case is the City of Ashland HIPAA Coordinator and Provacy Official.
Councilor Morrison/Hartzell m/s to approve Resolution #2004-02. Roll Call Vote: Laws, Amarotico,
Hartzell, Hearn, Morrison and Jackson, YES. Motion Passed.
5. Reading by title only of "A Resolution Urging a Yes Vote on Measure 30." (proposed by Mayor
DeBoer)
Mayor DeBoer read the resolution aloud. He noted that the hospital is anticipating over an 18 month period,
a loss of 2 million dollars in revenues due to changes in the Oregon Health Plan.
Councilor m/s to extend meeting to 10:30 p.m. Voice Vote: All AYES. Motion passed.
Councilor Hartzell/Jackson m/s to approve Resolution #2004-03. DISCUSSON: Councilor Laws
questioned the legality of passing a resolution of this sort. Staff clarified that elected officials can pass this
reolution without violating the law, which states that public funds cannot be expended. Council discussed
changing the wording to say "consider voting Yes".
Councilor Hartzell/Jackson m/s to amend language. DISCUSSION: Morrison noted, and council agreed,
that there were two areas in the proposed resolution that would need to be changed. Voice Vote: All AYES.
Motion Passed.
Roll Call Vote: Jackson, Hearn, Laws, Morrison, Amarotico and Hartzell, YES. Motion Passed.
OTHER BUSINESS FROM COUNCIL MEMBERS
Mayor noted the Bemis appeal is on the agenda for the next council meeting, and proposed that the Council
keep Thursday, January 22 open in case they need more time to reach a decision.
Staffnoted there will also be one more meeting by January 29th to adopt the findings for the Bemis appeal.
ADJOURNMENT
Meeting was adjoumed at 10:05 p.m.
Barbara Christensen, City Recorder
Alan DeBoer, Mayor
ASttLAND (YI'Y COt/NC'IL Mt'..'ETING
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PA GE 8 OF 8
Ashland State of the City Address
January 2004
This will be the fourth opportunity that I will have to report on the City of Ashland during 2003 and
comment on the future. This year has started on a chilly note, snow, rain and wintry conditions in town and for
those trying to leave via the Siskiyous or northbound over mountainous areas. I would urge you all to slow
down, and arrive safely.
I would like to take this time to thank the citizens of Ashland for the experience and education that
being your Mayor has provided for me.
Over two hundred citizens volunteer for the various City commissions, committees and boards. There
are currently 16 active boards and commissions and these hardworking volunteers spend many hours advising
the Council and staff on policies and operations of the city. There are also numerous ad hoc committees that
form from time to time and we are grateful to all the commissioners who selflessly volunteer their time. Their
dedication and commitment is extraordinary.
CERT (the Certified Emergency Response Team) now has almost 200 graduates and the program is
expanding. It will provide support if an emergency befalls our area. This use of volunteers who have attended
training and graduated will be of immeasurable benefit to the citizens and will be a group we would prefer to
never use! CERT classes are held regularly and orientation for upcoming sessions will be held January 7th. If
anyone is interested in becoming a CERT member they should contact the Fire Department for information.
The year 2003 provided us with a new City Administrator and leader, Gino Grimaldi. Gino came to us
after 14 years as Assistant City Manager with the City of Springfield, and has in essence returned to Southern
Oregon after working many years ago for Jackson County. Paul Nolte, our City Attorney, is retiring after 12
years of service to the City of Ashland. We will miss him after he completes the first half of this year and wish
him well with his future endeavors. A second attorney, Mike Franell, has recently joined the legal department.
We also welcome Mike Bianca to the job of Chief of Police, one of our own officers who came up
through the ranks to lead our Police Department. One year ago we were recognizing Mike for graduation from
an FBI academy on the east coast.
Ken Mickelsen resigned from the Parks Department after almost 30 years and moved to accept a
position in Washington. Don Robertson is the newly appointed Director of the Parks & Recreation Department
and we would also like to take the time to welcome him and his family to Ashland.
i would like to thank all the Department Heads for their service to our city.
Our Citizens employ almost 200 people; they keep your water flowing, lights working, the streets clean
and safe and keep the City in great working order. Please take the time to thank them, not only for their work,
but for the caring attitude that each and everyone has to be part of a great City.
The completion of the Fire Station marks a major improvement in the City infrastructure and completes
the last construction under previous voter approved bonds. The facility is a change for the better, and provides
amenities more in keeping with the demands placed upon our Fire Department.
The remodel of our historic Carnegie Library was marked by the return of the Ginko tree in the form of
a wonderful work of art in the form of a butterfly and book. I thank Tom Hopkins for his creativity and design.
The library is a busy and vibrant place and teems with people on a day-to-day business.
ii ~ I.
After a year of construction, Siskiyou is all but completed, with new pavement expected in the Spring.
Additions of lights, signals and redesigned medians are a credit to both Public Works and the committee that
spent hours on the final design. This project, including the Ashland Street section is a $5 million dollar project -
55% funded by ODOT funds. The project will significantly improve safety for pedestrians, bicyclists and
vehicle users, as well as improve the storm drain system, undergrounding the electrical wires for the street lights
and visually improving our main artery and entries into our City. The delay in final asphalt will allow a winter
on the old and fresh pavement in the Spring.
The final construction bill has been paid on the waste water treatment plant upgrade, ending five years
of extensive reconstruction on the waste water plant. The final price tag was $30 million - resulting in a project
that is the pride of Oregon and providing clean water into Bear Creek and setting the standard for water quality.
With the completion of the Hosler Dam warning system you may have recently been hearing the test
warning sirens. These sirens are located at the Bowmer Theater, at the Upper end of Granite Street in Lithia
Park, the Dog Park near the waste water treatment plant, and Mike's Muffler. A safety analysis has been
completed on the dam and the dam has proved to be structurally sound.
Our challenges for the next year will be to provide AFN (Ashland Fiber Network) with solutions for
long-tern~ viability. This is a resource that is saving the residents ot~ Southern Oregon millions of dollars by
providing competition not enjoyed in othcr parts of thc State. Thc active construction phase of AFN has been
completed and the City has instituted new electric conduit construction procedures and standards for new
residential developments in Ashland.
The potential loss of students in our public schools will force us to look at family-friendly housing
options and the cost of living in our City. The challenges in this country and the world in general should make
us thankful that our major problems may be a complaint of a five-minute traffic delay.
The Youth Activities Levy again passed muster with the citizens of Ashland and will provide numerous
youth activities conducted at the elementary, middle and high school levels. Activities such as the Fresh Start
Program, drama club, band, orchestra, athletics, brain bowl and so much more would not be possible ~vithout the
passing of the Youth Activities Levy. We are privileged to live in a community with so many committed people
supporting and cherishing our youth.
Our thoughts are with the soldier overseas, their families and turmoil around the planet. I ask us to be
thankful for what we have, do what we can for others and the areas around us. Be tolerant with others, pick up
around you, park your car when you can to ride our free bus, and recycle all you can .... Thank you, I wish each
and every one of you a happy New Year!
2
ASHLAND FOREST LANDS
COMMISSION
December 10, 2003 4:30-6:00 PM
MINUTES
MEMBERS PRESENT:
Members Absent:
Staff Present:
Non Voting Members Present:
Non Voting Members Absent:
Frank Betlejewski, Richard Brock, Jo Anne Eggers,
Stephen Jensen (Chair), Bill Robertson, Diane White
Anthony Kerwin
Chris Chambers, Nancy Slocum, Pieter Smeenk, Keith Woodley
Chris Heam, January Jennings, Marty Main,
Cameron Meeks (Student Liaison)
III.
IV.
Vo
CALL TO ORDER: 4:33 PM
INTRODUCTION OF NEW COMMISSIONER
Chair Steve Jensen introduced Diane White as the newest member of the Forest
Commission. White works for the Umpqua National Forest and Siskiyou National Forest
as an Associate Ecologist. She has a Ph.D. in forest ecology and has worked with Marty
Main evaluating the Upper Bear Creek ecosystem to provide the Forest Service with an
ecological basis for planning restoration activities. The commission welcomed her.
APPROVAL OF MINUTES: The November 12, 2003 minutes were unanimously
approved with one minor correction and two points of clarification.
PRESENTATION: John Schuyler, Acting Ashland District Forest Ranger, introduced
Chuck Anderson, Planner and Team Leader for the Upper Bear Creek Assessment (for
fire management). Schuyler presented the components and strategies of the assessment
under NEPA jurisdiction. He noted that the US Forest Service managed 22,286 acres,
BLM managed 1,158 acres and 17,689 were "other" managed. The goals of the
assessment are to reduce the risk of large scale, high intensity fire and to focus on current
conditions that are not in alignment with desired conditions. Desired conditions would be
described by plant association groups and based on pre-European settlement. The action
plan would compliment the Forest Commission's restoration project and be phased in
over a ten-year period. Lastly Schuyler explained the Forest Service's Defensible Fuel
Profile Zones (DFPZ). A DFPZ is not a shaded fuel break, but is ¼ to ½ mile in width
where less dense canopy closures are maintained and edges are not abrupt. Continued
maintenance is integral to effectiveness of DFPZs.
PUBLIC FORUM: Howard Heiner was encouraged by the recent SOU workshop that
included ecologist Jerry Franklin. He was frustrated that only 700 acres of forestland
within the Ashland Watershed have been treated since 1996. He asked whom do citizens
C:\WINDOWS\TEMP~DEC 10.doc
bring their concerns? Heiner suggested that the Forest Commission become the official
forum for citizens.
VI.
VII.
VIII.
STAFF REPORTS (20 MIN)
A Chief Keith Woodley
1. Report on hazard tree removal project - Woodley provided the commission
with a balance sheet for the hazard tree removal project. The project
determined a profit of $406.20.
2. Restoration project progress report - The invitation to bid paperwork is
complete and currently being reviewed by the City Attorney. The expected
close date is January 21st with a May 15th projected job completion date. Main
reported that the re-marking would be complete by Christmas. Councilor
Hartzel was concerned that dead trees would be left standing simply because
they are not marketable. Main answered that this issue would be evaluated
after the initial timber removal.
3. Ashland Wildfire Mitigation Project Update - Chris Chambers, Wildfire Fuels
Reduction Program Coordinator, reported that 88 acres on 80 properties were
treated in the last year, 140 landowners were contacted and the managed fuels
mapping was updated. Next year they hope to treat 73 more acres within City
limits. Future grant money will help treat land outside City limits from
Ashland Creek east to Tolman Creek. Chambers is unsure, yet optimistic
about federal funding next year. He also gave information of SB360, which
requires that property owners must clear defensible space around structures to
avoid liability after a wildfire.
4. Tree planting project - Woodley reported that he ordered 2800 trees from DL
Phipps Forest Nursery and 1000 trees from J. Herbert. Plantings to be done by
Small Woodlands, Inc.
B Marty Main
1. Winbum Progress - Main will supervise the burning of existing slash piles in
the next month or two, otherwise, work on this parcel is on hold until the
bidding process on the lower parcel is complete.
2. USFS Collaboration - Main was pleased the scientists viewed the watershed.
He is anxious to get research started within the watershed. He is looking
forward to help from Southern Oregon University.
PROJECTS PENDING/REQUIRING ACTION (5 MIN) - Tabled.
ITEMS FOR DISCUSSION:
A. Follow up on Watershed Certification - Zach Stevenson, World Wildlife Fund, read
the restoration proposal and was impressed. He estimated the it would cost between
$3000 and $8000 for complete certification. He encouraged the commission to sign a
Forest Manager Application and return it to SmartWood to get an accurate budget
estimate and certification proposal. Jensen suggested Stevenson discuss the
application at the next meeting.
(Brock/Robertson motioned/seconded to extend the meeting 15 minutes. Motion
approved unanimously.)
B. Nomination and Vote for Vice-Chair - Tabled.
C. Restoration Project Proposal - Tabled.
C:\WINDOWS\TEMP'xDEC 10.doc
1. Subcommittee Report on Monitoring Large Tree Removal - Tabled.
2. Objectives for Winbum Parcel - Tabled.
Schedule Winbum Parcel Field Trips - Tabled
OTHER BUSINESS
Gino Grimaldi, City Administrator, requested that each commission recommend up to
three City Council goals for 2004 by December 22nd. Robertson and Brock suggested one
goal be to have the City evaluate a method to allow for active and ongoing collaboration
between the Forest Service and citizens of Ashland. In keeping with Heiner's suggestion,
they recommended it be the Forest Commission. The commission would be a forum for
citizens to discuss forest issues. The commission volunteered to fine-tune the Forest
Commission's charter.
Brock suggested that the City Council develop and fund a noxious weed master plan that
included a list of problem weeds.
The commission agreed to submit these two goals. Jensen and Slocum would work on
the wording for the memo to Council.
Robertson suggested that the commission come up with their own goals for 2004. The
commission agreed. Jensen will place the item on January's agenda.
Ko
REVIEW AND SET COMMISSION CALENDAR / NEXT MEETING
A. Next regularly scheduled meeting: Wednesday, January 14, 2004
XI. ADJOURN 6:20 PM
C:\WINDOWS\TEMP\DEC 10.doc
CITY OF
SHLAND
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
DECEMBER 9, 2003
CALL TO ORDER
Chair Russ Chapman called the meeting to order at 7:00 p.m.
Commissioners Present:
Absent Members:
Council Liaison:
High School Liaison:
SOU Liaison:
Staff Present:
Russ Chapman, Chair
Mike Moms
Dave Dotterrer
Kerry KenCaim
Marilyn Briggs
Colin Swales
John Fields
Ray Kistler
Cameron Hanson
Kerry KenCaim - conflict of interest for PA2003-151 -joined meeting for PA2003-154
None
Alex Amarotico - not present
None
None
John McLaughlin, Director, and Community Development
Bill Molnar, Senior Planner
Mafia Hams, Associate Planner
Sue Yates, Executive Secretary
ANNOUNCEMENTS
The community drop-in "chat" with Planning Commissioners and a staffperson is scheduled for December 23, 2003 at 4:00
p.m. in the Community Development and Engineering Services Building.
APPROVAL OF MINUTES & FINDINGS
It was moved and seconded to approve the minutes of the November 12, 2003 meeting.
Briggs noted a typographical error in the Findings for PA2003-127, Condition 21, should read: "...signs shall be installed in at
least two places clearly designating the five public parking spaces..." It was moved and seconded to approve the Findings for
PA2003-127 with the amendment. Swales he disagrees with the wording "footprint" versus "gross square footage" and
cast the only "no" vote to approve the Findings.
PUBLIC FORUM
No one came forth to speak.
TYPE II PUBLIC HEARING
PLANNING ACTION 2003-151
REQUEST FOR OUTLINE AND FINAL PLAN APPROVAL FOR A SIX-LOT SUBDIVISION UNDER THE PERFORMANCE STANDARDS
OPTION FOR THE PROPERTY LOCATED AT 930 TOLMAN CREEK ROAD. A CONDITIONAL USE PERMIT IS REQUESTED TO
CONSTRUCT ACCESSORY RESIDENTIAL UNITS IN CONJUNCTION WITH THE PRIMARY RESIDENCE UPON TWO OF THE SIX
LOTS. A VARIANCE IS REQUESTED TO THE REQUIRED 50 FOOT DISTANCE BETWEEN INTERSECTIONS, AS WELL AS AN
EXCEPTION TO PERMIT A SECTION OF THE NEW STREET TO INCORPORATRE A PLANTING STRIP WIDTH OF FIVE FEET
RATHER THAN THE REQUIRED SEVEN TO EIGHT FEET.
APPLICANT: HAMILTON PLACE, LLC
Site Visits or Ex Parte Contacts - Fields had a drive-by site visit. Hanson did not have a site visit. All other Commissioners had a site visit.
ASHLAND PLANNING COMMISSION 1
REGULAR MEETING
MINUTES
DECEMBER 9, 2003
11. I1 I,
STAFF REPORT
Harris said the proposal is to develop the site across from Diane and Tolman Creek Road on Tolman Creek Road. It is a 2.7
acre parcel. The proposal is just for the residentially zoned portion of the property, zoned R-l-5. On the east side of Hamilton
Creek, the property is zoned M-1. There is an existing barn on the property. The site has a gradual slope to the northeast and
becomes steeper along the banks of the creek. Hamilton Creek is the major natural feature. There are five trees in the riparian
area. There are two madrone trees on Lot 5. There are three trees where the street will intersect with Tolman Creek Road.
The Tree Commission comments are in the packet.
The proposal is to create six single family residential lots. Lots 4 and 5 are proposed to have accessory residential units at the
rear of the lots above the garages. There is a private alley that provides access to Lots 3, 4, and 5. There is an existing alley on
the southern property line that extends from Spring Hill Drive that will be extended to the north with a public street built along
the northern boundary of the property. There will be an open space area at the terminus of the street that is adjacent to the
floodplain corridor. There is also an existing conservation and natural drainageway easement on the property.
Staff has four main issues with the proposal.
1. Variance for the distance between intersections on a collector street.
The proposal includes a request to locate the new street closer than the required 50-foot minimum distance between the
intersection of Tolman Creek Road and Diane Streets. There are two unusual aspects to the situation as outlined in the Staff
Report. There are four main benefits to this proposal also outlined in the Staff Report. Staff believes this request meets the
criteria for a Variance.
2. Exception to the Street Standards.
Normally a seven foot wide parkrow is the required minimum on a neighborhood street. The proposal is to use a five foot
parkrow for the first section of the street along the narrow Lot 1. Staff believes the applicants could reduce the side yard
setback from three to four feet from the proposed building envelope of the structure because it's on the interior of the
subdivision. They could pick up a couple of feet and add it to the parkrow. It does not seem like there is demonstrable
difficulty in meeting the standard. They have some flexibility. The narrower parkrow also does not create an equal or superior
transportation facility. A narrower planting strip does not support larger canopy trees. A more canopied street produces traffic
calming. Larger trees keep temperatures cooler. The wider the buffer for pedestrians, the better the walking environment.
Staff is suggesting this exception to the criteria has not been met and recommends the Planning Commission not approve this
portion of the proposal. Condition 11 addresses this item.
3. Street Design.
Harris quoted from the Street Connectivity Approval Standard 5 of the Ashland Street Standards. That standard addresses
natural features. Also, the Performance Standards Options Outline Plan criteria require that natural features are included in the
open space, common areas, and unbuildable lands.
This site presented a challenge because the alley adjacent to the southern property line was built before the Street Standards
were in place. The design presented in the proposal is to create an open space area at the end of the street, adjacent to the alley.
Staffbelieves that meets the intent of the standard in providing a buffer and protecting the natural feature and also providing
visual and physical access. What happens to this street when it gets extended to the north? Staff believes that the concept
presented would meet the standards because the street veers away from the Hamilton Creek corridor. Staff would suggest that
the final engineering be reworked to shift the street in an easterly direction so that when it's extended to the north it can mn
along the floodplain corridor, 20 feet from the top of the bank. This would also address Condition 11.
4. Potential impact on the floodplain corridor in the conservation easement.
This concern relates to Lot 6. The rear yard of Lot 6 is in the conservation easement. The building envelope is shown four feet
from the conservation easement. The proposal mentions building a deck cantilevered into the conservation easement. The
landscaping plan for the subdivision was updated showing the rear yard area planted with native plants and an irrigation
system. Staff's concern is with the proximity of the building envelope to the floodplain corridor. There is some spillover from
the work on foundations of buildings during construction into these protected areas if it is too close. Even after projects like
this are built, several years down the road, sometimes property owners unknowingly start disturbing the natural area by
terracing and building yard areas. Staff is suggesting that the building envelope setback be increased to ten feet from the
conservation easement floodplain boundary line. Also that the landscaping and irrigation that is shown is included with the
subdivision improvements and be maintained by the homeowner's association and that a deed restriction be placed on the
property. Fencing and earthwork would be prohibited in the rear yard area of Lot 6. Harris showed some slides showing how
other floodplain areas have been disturbed by homeowners residing next to a riparian area.
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
DECEMBERg, 2003
Staff is recommending that the application be approved for Outline and Final Plan, the Variance, and CUP for the two
accessory residential units. Staff does not believe the application meets the Street Standard criteria (addressed in Condition
11). There are 22 attached Conditions.
Chapman asked about the TID letter. McLaughlin said TID has to sign off on the survey and it does not require a Planning
Commission action.
Swales thought a side yard setback on a comer lot had to be ten feet. Is it wise to reduce it to four feet? The street is going
close to the building as well. Harris said, though it is permitted under the subdivision, there is a balance. Is the parkrow width
and the value it adds to the street and pedestrian environment/traffic calming a trade-off that is acceptable? Swales thought the
Tree Commission thought there could be some flexibility with regards to the parkrow. With such a low traffic volume in this
area, is there any reason the sidewalk could not be adjacent to the curb and not have a parkrow? The street planting could be
on the house side of the sidewalk. Harris said the Tree Commission specified using a seven foot minimum parkrow and large
stature trees.
PUBLIC HEARING
ALEX KNECHT
LAURIE SAGER, KENCAIRN ENVIORNMENTAL DESIGN
Knecht said the parkrow is constraining. In hearing Swales' comment, maybe this would be a good situation for the parkrow in
between the sidewalk and the property line. He would like to keep the parkrow at five feet. They opened up the parkrow in the
rest of the project (Lot 2 through 5) and they all have eight foot parkrows. They would like to keep the six foot sideyard
setback. (Sager showed overheads of street elevations.) Sager said a six foot fence could be installed along the sideyard,
creating a barrier or make the space feel small. They wanted to plant a tree to accommodate the scale and not extend over the
roof of the two-story building. For the comfort of the homeowner and the pedestrian, she would prefer their plan over Staff's
preferred alternative. Or, shifting the sidewalk might be a better solution.
Knecht would like a Condition that the four foot setback is acceptable for Lot 1.
Knecht said with regard to the conservation easement and Lot 6, he noted that the 100 year floodplain is typically plotted on
properties by using aerials and topographical maps. He has made application with FEMA to adjust the 100 year floodplain line
noted on Thornton Engineering's plan. He believes the conservation easement provides an ample buffer.
Sager said they could extend their fencing during construction to protect the conservation easement. They could also write
something in the deed restrictions and/or CC&R's stating nothing can be built in the conservation easement area.
Sager believes the protection of the floodplain corridor could potentially benefit by keeping more of the open space in rather
than a road. Similarly, if there is a little additional space to the north that is not going to be developed with houses, that could
provide more protection for the riparian corridor as well.
Knecht said the fourth parking space is available for Lots 4 and 5 on the revised plan, if they find they want to build the
accessory units more than 500 square feet.
Swales wondered if there is any anecdotal evidence how high the water level got during the 1997 flood. Knecht did not know,
but his project engineer was right on the mark on Clay Creek. Hamilton Creek is supplied by a 24 inch culvert. McLaughlin
said Staff's position is that the floodplain line is not just about water conveyance. We are looking at a conservation area that
represents a riparian area. Over the years, we have encroached significantly into our riparian areas throughout the City. The
landscaping and vegetation really serves a purpose of the natural resource that is there - water quality treatment, wildlife
habitat. We are in the process of revamping our ordinances to widen further the standards to protect those areas further than
we do today. This is an opportunity to say this is where the line should be at a natural break in the slope. Pull back from that
instead of building right to it and not negatively impact it for generations to come. If anything, we are setting a high standard
for the development of the remainder of the corridor to the north. We are looking at opportumties to remove culverts in some
areas and open things back up and re-establish the riParian areas throughout the community.
Briggs asked Knecht if he would consider letting Lot 2 use the same driveway apron as Lot 1. It would save a lot of asphalt.
She also asked Knecht to consider building the accessory units less than 500 square feet. She would like to see the yard area
instead of using up yard area for another parking space. Knecht wasn't sure what size he would build, but would like to keep
his options open.
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
DECEMBER 9, 2003
,1[ I1 I,
Dotterrer asked if there was a reason Lot 6 couldn't stop at the conservation easement. Knecht said it would restrict the
building envelope back even more. Dotterrer asked if there are plans to landscape behind Lot 6. Knecht said there are plans
(L-1 and L-2 in the site plan section of the packet) showing the native plantings proposed. There is an irrigation plan also.
Morris wondered if Knecht has a building plan for Lot 1. Knecht said he has looked at building designs that will fit that lot.
Chapman said he is fine with Conditions as written, but would like to explore Swales' idea. He doesn't have a problem with
the sidewalk being placed next to the street in order to give the houses a little more room. Briggs would like to see the
sidewalk further away from the house. Swales said there is not parking along there, so there would not be a need for stepping
from the car to the sidewalk. Dotterrer would agree.
Kistler wondered if there is enough room to get a car straightened out to pull into the garages on Lots 4A and 5A. Harris said
there should be enough room.
Kistler liked the idea of the shared driveway apron. Knecht has not considered it, but likes the idea.
Fields wanted clarification on the parkrow modification. Swales suggested flipping the sidewalk and the parkrow (five foot
sidewalk, five foot parkrow).
Harris asked the Commissioners to think about the impact a sidewalk next to the street would have on the pedestrian
environment. Staff would recommend sticking to what is proposed instead of placing the sidewalk next to the street. Harris
reminded them it is a balance between "equal or superior transportation facility" with the individual lots. What are you taking
away from the pedestrians by putting them out on the curb? A person purchasing in the area would know that is the situation
up front. Think abut the benefits of the shade trees and the buffer.
Molnar said we will be looking at finishing off the other side of the street to the north. He reiterated Harris' comment that
Staff would prefer to go with the proposal of a six foot setback, five foot sidewalk, five foot parkrow. This would match the
area on the other side of the street. Do we want to start deviating from the standard?
Hanson agreed with Staff.
SUSAN PECK, 936 Spring Way, said she lives just south of the proposal. She wondered if the street would be wider in the new
development than the existing Spring Way. Is there a plan to make Spring Way a one-way street in either direction?
Hams said the alley will be extended at the same width until it meets the new street. There has not been a consideration at this
time to make the street one-way. Peck is concerned that the alley will become a thoroughfare for Lots 1 through 5. Hams is
not sure why the alley would be used since there is nothing to be gained by taking that ronte.
Peck would like no parking signs along the alley. Harris said this is typically not done in the beginning. It is usually done
when there is a problem.
Swales said there is a provision in the ordinance for limiting the time one can park in an alley.
COMMISSIONERS' DISCUSSION AND MOTION
Hams said going to a curbside sidewalk is out of balance. It would be better to stick with the exception of a five foot sidewalk
and a five foot parkrow. The curbside sidewalk deviates even further from the City standard. Eliminate "minimum of a seven
foot wide parkrow" from Condition 11. The Commissioners agreed.
Eliminate Condition 23.
Dotterrer wondered if Condition 15 1) is repetitious. It's already in the CC&R's. It is pretty clear what the homeowners'
association is responsible for. Is 15 2) redundant also? Harris said 2) was trying to get some reference to the conservation
easement in the CC&R's.
Dotterrer addressed the area behind Lot 6. It is set up so the area will be landscaped and eventually maintained by the
homeowners' association. There are only six people sharing in the maintenance of this area. It is going to get expensive. He
thinks that should be taken out. It is an area required to be maintained by the homeowners' association, but it won't get used.
He does not believe the homeowners should be responsible for maintaining it. He would rather go with the deed restriction.
ASHLAND PLANNING COMMISSION 4
REGULAR MEETING
MINUTES
DECEMBER 9, 2003
Hams said it is a difficult issue. Staffdoes not want the next homeowner to be tempted to disturb the back yard. It is difficult
to enforce. It might be best to pull the homeowners out of it except for the up-front improvements. The owner of Lot 6 would
be responsible. McLaughlin said Staff wants to make sure someone is responsible and it is documented who is responsible.
Dotterrer suggested changing the third sentence in Condition 16 to "The rear yard of Lot 6 in the floodplain
comdor/conservation easement shall be landscaped and irrigated as part of the subdivision improvements, and maintained by
the owner of Lot 6."
Briggs asked that Harris look at changing the wording in Condition 7 instead of referring to the "area behind Lot 6", can it read
"to the east of Lot 67" Hams agreed.
The Commissioners agreed that the street location is acceptable (Variance).
With regard to the building envelope on Lot 6, McLaughlin said the applicant proposed four feet. Staff is asking for ten feet.
Briggs is willing to go along with Staff. Hanson agreed, stating he wants to discourage the homeowner from landscaping into
the conservation easement. McLaughlin said they are looking at construction impacts. The excavation for the foundation will
spill down the bank. Chapman agreed. The Commissioners agreed with Staff in a 5/4 straw vote.
Dotterrer moved to approve PA2003-152 with the Conditions as written and changed above. A brief recap: Condition 11 -
remove seven foot wide parkrow, leave Condition 15 1) and 2), Condition 16 - that the owner of Lot 6 maintain the rear yard.
Swales seconded the motion. The motion camed unanimously.
KenCaim rejoined the meeting
PLANNING ACTION 2003-154
REQUEST FOR SITE REVIEW TO CONSTRUCT A 35,584 SQUARE FOOT, TWO-STORY ADDITION TO THE NORTHWEST CORNER
(JUST WEST OF THE EMERGENCY DEPARTMENT) OF THE EXISTING ASHLAND COMMUNITY HOSPITAL LOCATED AT 280
MAPLE STREET. A CONDITIONAL USE PERMIT IS INCLUDED TO CONSTRUCT A SMALL GENERATOR BUILDING (672 SQUARE
FEET) AND ADD SOME ADDITIONAL PARKING SPACES IN AN AREA NOT INDICATED FOR THESE USES IN THE 1991 ASHLAND
COMMUNITY HOSPITAL MASTER PLAN.
APPLICANT: ASHLAND COMMUNITY HOSPITAL
Site Visits or Ex Parte Contacts - Kistler said Jim McNamara is a representative for a number of clients that he is works with, but
he does not believe it will hinder his ability to make a decision. He is not a part of this project. He had a site visit. KenCaim
heard part of this project when she was the Tree Commission meeting on another project. Site visits were made by all.
STAFF REPORT
Molnar said the Ashland Community Hospital (ACH) is requesting a two-story expansion at the upper half of the property.
The application will accommodate additional operating suites, a special study room and a new admitting area. A portion of the
upper story has not yet been designated for use. The addition is intended to be of similar style and materials as the existing
hospital. With this expansion, the whole campus is butting up against the maximum lot coverage of the zone (65 percent). It
was also noticed as a Conditional Use Permit for a generator building. There are few other parking spaces at this comer.
There is a graveled driveway that is required to be paved as part of the current addition for fire apparatus.
Staffhas identified three issues related to the project and with the changes they are requesting, this will result in a better
project, more consistent with City policies.
Construction of a sidewalk system around the campus
Currently, there is a public sidewalk along Maple Street. There is a requirement as part of the current addition to construct a
public sidewalk the entire length of Chestnut. This application proposes a sidewalk along the southern boundary (Catalina) and
a request that the remaining section (eastern boundary of Catalina) not be installed as part of this application. Staff believes,
given the size of the facility and expansion, it is time to complete the perimeter sidewalk system as discussed in the 1991
master plan. It is Staff's feeling that sidewalk systems are very important where there is a high usage of on-street parking.
With the adoption of the master plan and the HC zone, we have seen an increase in not only hospital projects, but other medical
uses in the area. Most of the time during the day, on-street parking is 85 to 95 percent full. The primary reason is for
pedestrian safety. Because of the grade from the curb, one has to walk between the car and travel lane.
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
DECEMBER 9, 2003
,11 II I,
With regard to the construction of the sidewalk, there are seven existing street trees. Those trees are only going to get larger so
deferring sidewalk construction leads to more contentious issues at the end. At this point, the trees could possibly be
transplanted, allowing for additional planting between the sidewalk and the parking area.
Tree removal for the project.
Molnar showed a site plan of the project. They have identified about 15 trees to be removed. The trees are primarily in the
proposed building footprint. About half the trees will need to be removed to accommodate the addition. The other trees are to
accommodate grading and excavation resulting from reconfiguring the parking area. Staff felt there was a possibility of saving
the 14 inch spruce and to some degree, three, eight inch maple trees on the border of the newly landscaped area walkway.
Since we don't have a grading plan, it is difficult to tell whether or not the excavation would be so severe that it might be
impossible to save the trees. Perhaps they could be relocated. Molnar felt that with some changes to the site plan by pulling
back the parking area or eliminating a space, the spruce could be saved. None of the spaces are identified as a compact space.
The Tree Commission was supportive of retaining the spruce tree.
Bicycle parking.
Bicycle parking is an ordinance requirement. One bicycle space is required for every five automobile parking spaces. The
parking is going to 160 parking spaces, requiring 32 bicycle parking spaces Fifteen percent are required to be sheltered. The
applicants would like to provide 16 spaces at this time. This requirement is not based so much on use as the number of
automobile parking spaces. Staff felt this is not different than any other medical facility that is required to provide parking.
Staff does not have any objections to the Conditional Use Permit request. It is a low intensity use. Parking spaces near the
generator will be low impact.
Staffis supportive of the continued viability of the hospital. The three areas of concern have been addressed in the Conditions
of approval - Conditions 2, 4, and 10.
PUBLIC HEARING
JIM WATSON, Administrator, Ashland Community Hospital expressed how important this addition is to the future of the
hospital. He introduced the project team.
KURT KNUDSEN, Project Manager
COREY MORRIS, Project Architect
GREG COVEY, Landscaper
JIM MCNAMARA, Consultant
C. Morris elaborated on the design intent. One of the main goals is to add some much needed square footage to the surgery
department. The grade has created problems in trying to fit the parking in. The addition is connected to the existing activities.
They have tried to match the design of the existing building. The generator building is about 4000 square feet.
Covey said Donn Todt, Parks Department looked at the spruce tree and said it is a relatively weak-rooted tree and subject to
blow down in high winds. The three Norway Maples are located about two feet below the proposed second floor level. They
would be looking at some extreme cuts during construction and would increase the risk of filling around those trees. They
have provided for relocation of the healthiest trees. Now is the perfect time to move the trees. The landscape plan provides for
a better shade canopy. They are exceeding the number trees required per parking space.
C. Morals asked the Commission to reconsider Condition 4 - the removal of the four foot high chain link fence. The fence was
installed years ago for many reasons. From a safety liability, they would like to keep it.
Covey addressed Condition 2 - construction of the sidewalk. He said the existing planter is approximately eleven feet wide.
There is a five to six foot grade change around the stairway. It isthe primary crossing from the main entrance of the hospital to
the administration building and gets quite a bit of traffic. There are seven existing maple trees. Donn Todt said moving the red
maples would set them back in growth for several years. The hospital presents Catalina Drive as its front door. To
accommodate a five foot sidewalk along the curb would be to construct a trait masonry retaining wall at the back of the
sidewalk and then four foot wide planter between the top of the wall and the existing parking. It would take away any ability
to soften or green the wall face. The trees would have to be moved to the top of the retaining wall to create enough buffer for a
parking space overhang. They would like to offer flexibility or alternative concepts to provide access from Catalina up to the
hospital. They would like to offer constructing an additional staircase in lieu of a sidewalk to provide more access to the upper
parking lot on the east side of the hospital.
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
DECEMBER 9, 2003
C. Moms clarified that he would like the Commission to consider not accepting Conditions 2 (part), 4, and 11
Knudsen said since the hospital master plan is not at project build-out, he hoped the Commission would consider revisiting the
sidewalk requirement at a later time. They are trying to preserve scarce hospital resources to put money into bricks and mortar
to serve the needs of the community. They calculate the retaining wall at approximately $48,000. A rail would have to be
constructed on top of that. The whole first impression of the hospital would change from something that is quite beautiful to
something cold and gray.
Chapman asked Knudsen if the expense argument is taken out, what is he left with. Knudsen said they are left with image,
whether or not pedestrian safety is really accomplished by constructing it at this location. The pedestrian traffic is not up and
down the street. The sidewalk will be an engineering feat to construct.
Chapman is concerned about the passenger getting out of cars and ending up in sticker bushes.
Watson said it is mostly employees that park on the street
KenCaim wondered if there would be an oppommity to put a sidewalk up at the parking lot level on the lower side of the
parking lot with a couple of stairways. This would not necessitate a retaining wall. Knudsen would support that if it would
work. A five foot sidewalk would be problematic.
McLaughlin agrees this is not an easy thing to do. However, if you are doing this much site-work and grading of the upper
parking lot, now is a time to install the sidewalk. If the Commission deems the sidewalk unnecessary at this point, then it is not
necessary for the future of the hospital to have a sidewalk at this location.
WlL THOMSON, 360 Maple Street, lives a block above the hospital and he is concerned about parking. Currently, Chestnut
Street is full of cars all day long. There is a residential neighborhood above Chestnut. The hospital is currently purchasing a
building on his side that is to become a hospice. What if we spared a little of the green area for parking on-campus? The more
parking on-campus, the more will be freed up on the street.
DELTRA FERGUSON, 345 Maple Street, said the quality of life for the residents in the area of the hospital will be affected by
increased traffic generation. Currently, there is a slow process of encroachment in terms of cars parking all along the streets
along the perimeter of the hospital. Sixty percent of employees come from outside Ashland. There are currently 152 on-site
parking spaces, the majority reserved for patients. Upon completion, there will be 160 on-site parking spaces and 33 off-site
spaces will be eliminated. That's a deficit of 25 parking spaces and there is already a problem. Cars line Catalina, Maple to
Maple Way, to Scenic and the residential quality of the neighborhood is greatly diminished. There must be some short-term
and long-term solutions. She would propose using the green area for more parking. Implement a parking strategy. Bring the
bus up Grant Street. Ask the hospital to include a bus stop. This issue needs to be dealt with responsibly.
McLaughlin clarified that the applicants are showing the removal of 33 spaces on-site. The parking is going to be reconfigured
to increase the parking by eight spaces. There will be no loss of parking. There will be a net gain of eight parking spaces.
Dotterrer said the total gain on-street/off-street is four.
Chapman would like to explore the bus serving the hospital. Watson said he has talked with RVTD for ten years. They need
to aggressively find solutions. The hospital has a small shuttle. Ultimately, the employees are going to have to park away and
shuttle.
Knudsen agrees completely if there were any feasible way the Planning Commission would let them build on the grassy area,
they would love to do so. If they were to go any farther into green areas, they would be exceeding the 65 percent. C. Morris
showed a drawing with the parking in the green area. McLaughlin said that would involve another hearing - a modification of
the master plan. He said they are finding the medical uses have changed, such as the number of practitioners in each office, and
as a result, they probably need to upgrade the parking standards.
C Morris said they would prefer to have fewer bike parking spaces.
Moms noted when he was at the hospital for a site visit, he parked a block away and when walking Catalina, he saw cars lined
up, and the people getting out of their cars were walking down the street to the walkway. Are we are unwilling to do the
facilities that are required to support the hospital? He would hate to see expansion into the green area for parking. Eventually
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
DECEMBER 9, 2003
he believes there is going to have to be some building (parking garage) to support what goes on at the hospital. It will be a cost
of doing business at the hospital. Dotterrer concurred.
Kistler wondered if the architect put a scale on the parking lot to see if there is any wiggle room at the top side of the bank.
Covey said there does not seem to be.
McLaughlin said removal of the fence would open up the campus feel of the hospital. The fence presents a barrier. The
original mediation agreement was that there would be no fence.
COMMISSIONERS' DISCUSSION AND MOTION
Briggs said with regard to Condition 2 (sidewalk), she is inclined to go along with Staff because our public institutions need to
set a good example for the rest of the city. Swales agreed.
Hanson does not think a sidewalk is needed.
Morris would like to see a sidewalk, but he is not sure it needs to be five feet wide.
KenCairn would like to give them the option of exploring the opportunity to get a sidewalk up high. There may not be room,
but there may be some other ways to do it. Instead of cutting in a five foot sidewalk and retaining wall, she would rather see a
mix of resolutions so there is sidewalk all the way around the facility but it doesn't have to be on-street everywhere.
Briggs wondered, if you get out of your car, how do you get to the sidewalk that is up the bank? KenCairn said there would
have to be stairs. She just wants to offer flexibility in getting a sidewalk all the way around so we don't end up with a five foot
wall next to a five foot sidewalk.
McLaughlin said the minimum width sidewalk is five feet, but it tight situations, perhaps as narrow as four and one-half feet.
Fields said it is a no-win situation. Unfortunately, there is a lot of traffic. It seems a sidewalk needs to be provided. He
believes it is an issue of people unloading from their cars. The longer we leave the trees, the worse it will be to remove them
later. Replant them now and come up with a good landscaped designed wall. It will make a true street improvement. It is an
urban facility that needs urban amenities.
Chapman also believes the architects can come up with attractive landscaping for the steep hillside. If we don't put a sidewalk
in we might as well say we are never doing it.
Dotterrer believes the applicants should be allowed to examine a four foot sidewalk.
Briggs moved to continue the meeting until 11:00 p.m. It was seconded and approved.
The Commissioners agreed to remove Condition 4. (retaining trees). They agreed to leave Condition 11 (remove fence) and
Condition 10 (bike parking).
Hanson moved to approve Planning Action 2003-154 with the following changes. That Condition 2 is amended to allow for
the possibility of a four foot sidewalk if it can be properly engineer. Strike Condition 4. Dotterrer seconded the motion and it
was unanimously approved.
OTHER
Hearings Board Assignments
The Hearings Board assignments will remain the same as last year.
ADJOURNMENT - The meeting was adjourned at 11:30 p.m.
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
DECEMBER 9, 2003
CITY OF
SHLAND
ASHLAND PLANNING COMMISSION
HEARINGS BOARD
MINUTES
DECEMBER 9, 2003
CALL TO ORDER
Commissioner Dave Dotterrer called the meeting to order at 1:35 p.m.
Commissioners Present:
Absent Members:
Council Liaison:
High School Liaison:
SOU Liaison:
Staff Present:
Russ Chapman, Chair
Mike Morris
Dave Dotterrer
Kerry KenCairn
None
Alex Amarotico - not present
None
None
Mark Knox, Associate Planner
Brandon Goldman, Assistant Planner
Sue Yates, Executive Secretary
Russ Chapman left the meeting after the first hearing (PA2003-118 - 265 Glenview - DeBoer) and Kerry KenCaim stepped in
for the second hearing.
APPROVAL OF MINUTES & FINDINGS
Chapman moved to approve the minutes of the November 12, 2003 Hearings Board. Moms seconded and the minutes were
approved.
Knox noted on Page 4 of the November 12, 2003 minutes, last sentence of the third paragraph. It states the Tree Commission
recommended approval .... Knox said technically, that was statement he made, when in fact, the Tree Commission did not
make an approval, but a recommendation for mitigation strategies.
Chapman moved to approve the minutes with that change. Morris seconded the motion and the minutes approved as amended.
Chapman moved to approve the Findings for PA2003-129 - 900 Glendale - Scott Allison. Moms seconded and the Findings
were approved.
ANNOUNCEMENT - Planning Action 2003-150, 22 Scenic Drive, Ryan, was called up for a public hearing and will not be heard
at today's meeting.
TYPE I PLANNING ACTIONS
PLANNING ACTION 2003-152
REQUEST FOR SITE REVIEW AND CONDITIONAL USE PERMIT TO CONSTRUCT AN APPROXIMATELY 715 SQUARE FOOT
ADDITION TO THE PARISH HALL OF THE EXISTING TRINITY EPISCOPAL CHURCH LOCATED AT 44 NORTH SECOND STREET
APPLICANT: TRINITY EPISCOPAL CHURCH
This action was approved.
TYPE II PUBLIC HEARINGS
PLANNING ACTION 2003-118
REQUEST FOR A PHYSCIAL AND ENVIRONMENTAL CONSTRAINTS PERMIT TO CONSTRUCT A SINGLE FAMILY RESIDENTIAL
HOME ON HILLSIDE LANDS WITHIN A HISTORIC DISTRICT.
265 GLENVlEW DRIVE
APPLICANT: SlD AND KAREN DEBOER
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Chapman stated this action is a continuation from last month. The public hearing has been closed and no new testimony will
be taken.
STAFF REPORT UPDATE
Knox said Staff approved the application on October I0, 2003 at a stafflevel determination. It was called up for a public
hearing by the Hearings Board on November 12, 2003. The Commissioners heard testimony from the applicants and
opponents and had discussions with Staffat that meeting. It was requested to leave the record open for 14 days, seven days for
opponents to submit additional information and seven days for the applicants to have rebuttal. That information has been
submitted. There were four people who submitted information. Staff reviewed that information and reviewed the rebuttal
comments by the applicants and Staff still stands by their original approval. There are nme conditions attached. The initial
staff approval had eight conditions. There was a request by Staff after discussions about the trees, to add a ninth condition
pertaining to a group of trees (9 through 13) that are required to be retained until additional information is in for the pool house
structure. The applicants have agreed to that condition.
Knox said after Staff again reviewed all the materials pertaining to this application and listened to the tape from the last
meeting, they still concluded that the criteria for the house at 265 Glenview Drive, have been met for a Physical and
Environmental Constraints Permit. Most of the written testimony that came in pertained to aesthetics and neighborhood
compatibility. The application is not subject to those standards. Germaine to the criteria is the disturbance of the site. In
Staff's opinion, the applicants have had a number of professionals deal with these issues, trying to address what is best for this
site as far as recovery of the disturbed areas. That is the purpose of the Physical and Environmental Review process - to make
sure that what is left over is going to be retained, it is not going to break down and cause downhill affects or affects to the site
itself. The statements made in opposition referring to possible site constraints do not show any evidence that something is
going to fail. Staff is recommending approval of the application with the attached nine conditions.
COMMISSIONERS' DISCUSSION AND MOTION
Chapman moved to approve Planning Action 2003-118. Dotterrer seconded the motion.
Morris congratulated Bryan Holley and George Kramer on their comments because of the enlightening information and history
they provided, however, it did not seem to him to be applicable to the criteria. Kramer is the only one who addressed timing
of the submittal of the application.
Dotterrer added that he appreciated Holley's timeline.
Chapman said under a Physical and Environmental Constraints Permit, the only relevant testimony would have been if the
opponents had brought forth evidence that the engineer, contractor, or surveyor was somehow incompetent, or if they had
provided information showing evidence of past failures. That would have weighed heavily on Chapman's decision. He
believes the applicants have met the requirements of the Physical and Environmental Constraints Permit with a professional
team in place to handle the issues involved with building on this site.
Dotterrer concurred. The approval permit was contingent upon the issues raised by the opponents.
The motion carried unanimously.
PLANNING ACTION 2003-149
REQUEST FOR SITE REVIEW TO CONVERT AN EXISTING ACCESSORY STRUCTURE TO A SECOND RESIDENTIAL UNIT AT THE
REAR OF THE PROPERTY LOCATED AT 238 EIGHTH STREET. A VARIANCE IS REQUESTED TO PERMIT A SECOND RESIDENCE
ON A PROPERTY OF LESS THAN THE REQUIRED LOT AREA, AS WELL AS A VARIANCE TO ON-STREET PARKING CREDIT
STANDARDS.
STAFF REPORT
Knox said the site has an existing 672 square foot house. There is a small detached studio that appears to have once been a
garage. It is non-habitable space. Behind the studio is a third building that has been used as an illegal unit for at least ten plus
years and maybe 25 years when it was built in 1977. It is 357 square feet. The lot is a shotgun style lot - 50 feet wide and 108
to 122 feet deep.
In 2002, the property was sold. The purchasers live at 248 Eighth Street. They purchased the property with the hope of
improving the site. There was some concern about tenants in past years. The realtor told them the rear unit was legal.
Additional evidence suggested to the buyers that it was legal because there was a separate water and electric meter. The illegal
ASHLAND PLANNING COMMISSION 2
HEARINGS BOARD
DECEMBER 9, 2003
MINUTES
unit was discovered after a routine building inspection. Upon additional Staff research no evidence was found this was a legal
unit. The applicants are trying to legitimize the illegal unit. The Variance is to have a second unit on a substandard size lot.
The second Variance is to have one less parking space than required.
Knox reported that over the last year, the applicants have upgraded this site to the point it will meet all the requirements of a
Site Review. With regard to the Variance, for a second unit to be on a substandard lot, 6500 square feet of lot area is needed if
the second unit is less than 500 square feet. The lot is 5,763 square feet. There is a 737 square foot deficiency. The applicants
have argued for a unique circumstance. This unit has existed for quite some time. Knox believes it was always assumed this
unit was grandfathered. The applicants are saying that the owner of an R-1-5 lot can propose a Conditional Use Permit for an
accessory residential unit. In an R-2 lot, if it is less than 6500 square feet, one cannot even apply for a CUP. It is a Variance.
The applicants contend these are unusual circumstances. Staff has not received any negative comments from neighbors since
the notice went out. Knox said technically, two and one-half parking spaces are required. There are two spaces in the
driveway and one on-street space. The applicants are asking for a deviation from the City's on-street parking credit. Staff
believes it is an unusual circumstance for parking and is recommending approval of both Variances. The Historic Commission
also granted approval of the application.
Knox added that the applicants have proposed to make the unit affordable. There are five attached conditions.
Site Visits and Ex Parte Contacts
Morris stepped down because he has worked on the building and he feels he would be biased. Site visits were made by
KenCairn and Dotterrer.
KenCairn believes this is a fine proposal. Is there a way to make the unit a permanent affordable unit in order to get some
balance with the application? She would like to see it tied to future proposals rather than the current since we are in the middle
of revising the affordable requirements.
PUBLIC HEARING
RICHARD VEZlE, 208 Oak Street, Suite 204, agent for the applicant, handed out photos of the "before" and "after" of the front
dwelling of the subject lot. He said the biggest issue with affordable housing that his clients have is that it restricts the tenant
base. The unit is pretty much self-limiting as to what can be charged for rent. There is a good basis for minimum lot size
requirements but that is the reason for a Variance. This lot is in a great location. The owners have a vested interest in
preserving the feel of the neighborhood. Any negative impacts have already happened. There should be a positive impact
from the unit, especially since his clients have owned the property. They will sign off on the affordable housing requirements.
JANET LARMORE, 248 Eighth Street, said their long-term intent is to hold the property as long as they can for rentals. They
want to keep the neighborhood as nice as possible. The street has ample parking. There is only one house that faces Eighth
Street and there are rarely cars parked on the street.
GARY FOLL, 925 B Street, said his house faces B but the side of the yard is on Eighth Street. As far as they are concerned the
house has always been lived in, so that would not be a change to the neighborhood. The house in the back has always been
occupied too. He supports the application. His concern is "why are we even at this hearing?" There are several R-2 properties
in that area that have inadequate square footage for additional units. However, if you want to put affordable housing in, there
are so many tucked away places in the Railroad District that are 400 to 500 square feet that would house a single person or a
single parent with one child. Why do the applicants have to go thru all these hoops?
PAUL BERGLUND, 255 Ninth Street Alley, originally went to the Historic Commission to hear what was happening. When he
first moved into his house, the proposed development was full of weeds, etc. Since Larmore and Strong have purchased the
property, it is so much better. It is a nice unit. Everything is just so much better. The owners should be rewarded.
KenCaim asked Larmore how she felt about adding a 60-year duration for required affordability. Larmore said she has a little
problem with the affordable housing structure. It really narrows down prospective tenants. They want a nice, quiet respectful
neighbor. She is not keen on 60 years. She has a wonderful tenant and she does not know what his income level is and would
he be able to stay?
KenCairn would like to grandfather in the current tenant and extend the affordability to 60 years.
Rebuttal - None
ASHLAND PLANNING COMMISSION
HEARINGS BOARD
DECEMBER 9, 2003
MINUTES
,Il. I1 I,
COMMISSIONERS' DISCUSSION AND MOTION
KenCairn moved to approve PA2003-149 with the amended Condition 4 that extends the affordable period to 60 years but
grandfathers in the current resident. She wants to make sure evidence is submitted to the City on the current tenant so we will
know when the current tenant vacates. The 60 years starts fight now. If the current tenant does not happen to meet the
affordable standards, he won't be kicked out. His rental agreement cannot be passed to anyone else. Dotterrer seconded the
motion. The motion carried.
ADJOURNMENT - The meeting was adjourned at 2:30 p.m.
ASHLAND PLANNING COMMISSION
HEARINGS BOARD
DECEMBER 9, 2003
MINUTES
4
Office of the Mayor
Alan ~. DeBoer
MEMORANDUM
DATE:
TO:
FROM:
RE:
January 16, 2004
City Council Members
Mayor Alan DeBoer
Appointments to Housing Commission
January 20, 2004 Council Meeting
This will confirm my appointments of the following to the Housing Commission:
· Liz Peck for a term to expire April 30, 2007 (this seat actually expires April 30, 2004 but will
extend term to April 30, 2007).
· Wendy Ostlund-Rutkai for a term to expire April 30, 2005.
· Faye Weisler for a term to expire April 30, 2006.
The vacancies were created when Christine Oswald, Larry Medinger and Andy Dungan resigned
their seats from the Housing Commission in November/December, 2003.
Attached are copies of the applications including previous applications on file, and copies of the
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
The City of Ashland has a vacancy on the HOUSING COMMISSION for
a term to expire April 30, 2005. The Housing Commission typically
meets on the 4th Wednesday of each month at 4:00 p.m. If you are
interested in being considered for a volunteer position on the Housing
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 Re-
corder or the City's Web site at www.ashland.or.us.
APPLY TO: The City Recorder, City Hall, 20 East Main St., Ashland.
APPLY BY: Monday, December 8, 2003.
CITY OF
kSHLAND
Please publish:
Tidings - Thursday, Nov 20; Saturday, Nov 22; Wednesday, Nov 26.
Please refer to Purchase Order No.: 61686
Questions: Call Fran at 488-6002
,Il. Il I,
The City of Ashland has vacancies on the HOUSING COMMISSION for
terms to expire April 30, 2004, April 30, 2005 and Apdl 30, 2006. The
Housing Commission typically meets on the 4th Wednesday of each
month at 4:00 p.m. If you are interested in being considered for a volun-
teer position on the Housing Commission, please submit your request
in writing, with a copy of your resume (if available) to the City P, ecorder's
office. Additional information regarding this position can be obtained
from the office of the City Recorder or 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, December 26, 2003.
CITY OF
-ASHLAND
Please publish:
Tidings - Sat, Dec 13; Tues, Dec 16.
Revels - Thurs, Dec 18
Please refer to Purchase Order No.: 61694
Questions: Call Fran at 488-6002
January 14, 2004
Housing Commission
Kate Jackson, Chair
City of Ashland
Ashland. OR 97520
Dear Kate:
I recently had a conversation with Alan DeBoer regarding my interest in becoming a member of
the Housing Commission. Alan has suggested that I write a letter to you giving my reasons and
history.
I have worked at the Oregon Shakespeare Festival for 20 years, and have been Company
Manager tbr the past 13 years. My major role as Company Manager includes housing
coordination for new company members including directors, designers, actors and production
staff, as well as some families. 1 work with local landlords in acquiring rentals, as well as
managing approximately 30 OSF-owned apartments. I hold the rental contracts and am
responsible for furnishing and maintaining the OSF properties. Since I was appointed Company
Manager 1 have been involved in helping the Festival acquire several rental properties in
Ashland.
1 work for a large not-for-profit business in Ashland and can provide professional and personal
insight into the challenges of temporary and low-income housing, as well as being part of the
solution to resolve the housing needs facing Ashland residents. In addition, my work and
personal schedules are flexible, allowing me to fully participate as a member of the Housing
Commission.
I would appreciate your consideration of my request for a seat on the Housing Commission and
look tbrward to hearing fi'om you in the near future.
Sincerely,
/
Liz N. Peck
981 Itiawatha Place
Ashland, OR 97520
482-8973 (home)
482-2111 ext. 381 (work)
Office of the Mayor
City of Ashland
20 E Main St
Ashland OR 97520
January 13, 2003
Dear Mayor DeBoer,
Wendy Ostlund-Rutkai
179 Van Ness Avenue
Ashland OR 97520
541 482 2145
This is to inform you that I am interested in being nominated to the Housing
Commission. I have lived in Ashland continuously since my attendance and graduation
from SOU beginning in 1975. I consider my family middle income. I work at Ashland
Community Hospital as a clerk and my husband is an electrical apprentice. I have a
daughter who attends Briscoe Elementary school that, as you know, will be closed next
year due to smaller attendance. I have a vested interest in keeping this town alive and I
am astounded at the fact that it is harder and harder for middle income families to afford
to live here. I would love to help find a way for our city to stay diverse. Please consider
me for a position in order to maintain a healthy variety of attitude.
Sincerely,
Wendy Ostlund-Rutkai
Admitting Clerk, ACH
Faye Weisler
2305-C Ashland St., PMB 185
Ashland, OR 97520
December 26, 2003
The City Recorder
City Hall
20 East Main St.
Ashland, OR 97520
RE: Housing Commission
To Whom It May Concern:
Enclosed please find my resume in application for a
position on the Housing Commission. I have a long standing
interest in the issue of affordable housing, and more
recently have researched issues regarding ecological urban
design.
I am eager to work with the commission and city to develop
and implement workable solutions to Ashland's housing
issues. I look forward to your response.
Yours truly,
Faye Weisler
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Faye Weisler
9700 Highway 66
Mailing Address: 2305-C Ashland St., PMB 185
Ashland, OR 97520
(541) 482-4596
SUMMARY OF QUALIFICATIONS
· Seven years experience as Executive Director of nonprofit organizations,
providing leadership during start-up, transition and growth stages
· Seven years experience as a practicing Attorney, licensed in the states of Oregon
and !l.ouisiana
· Housing research regarding urban design, affordability and ecological issues
· Motivate people to work collaboratively and effectuate necessary changes
· Provide focus on mission, emphasizing fiscal grounding and programmatic goals
· Well-rounded nonprofit perspective, including service on Board of Directors,
consultant to Board of Directors and executive management
SELECTED PROFESSIONAL ACHIEVEMENTS
Southern Oregon Humane Society
Selected by the Board of Directors to turn around an agency in crisis. The Southern Oregon Humane
Society (SOHS), a sixty-year-old animal shelter, faced challenges of sub-standard accommodations
fol' animals, alienated volunteers and veterinary community, inappropriate staffing and fiscal deficits.
· Coalesced Board of Directors around progressive commitment to "no-kill" shelter,
conducted public meetings and represented SOHS in media regarding this topic
· Dramatically improved care and physical environment of animals throughout
shelter through renewing Board of Directors' commitment to humane mission
· Repaired and established working relationships with relevant organizations and
community partners, resulting in participation of local veterinarians in free or low-
cost treatment of shelter animals and formation of first coalition of local animal
welfare organizations
· Hired committed, creative staff whose devotion to animals manifested in
improvements in every facet of shelter operation including higher adoption rates
· Established credibility, confidence and enthusiasm resulting in increased donor
involvement
· Actively worked to provide support and appreciation for volunteers whose
increased participation was invaluable to the successful operation of a financially
limited organization
New Orleans Resources for Independent Living
Hired by Board of Directors as the start-up Executive Director. New Orleans Resources for
Independent Living (NORIL) provided an array of services to people with disabilities including
independent living skills training, assistance with housing, transportation, information and referral,
personal assistance services, supported living and advocacy.
· Grew organization fi'om a $100,000 single source budget to a three lnillion dollar,
fifteen grantors, budget
· Instituted multiple new programs responding to community needs, including
nationally innovative housing programs
· Developed excellent working relationships with funding sources resulting
in increased funding and flexibility to utilize funding most effectively
· Conducted successful annual advocacy and lobbying efforts at State Legislature to
obtain, retain and increase funding for state-wide programs
· Established sound fiscal and programmatic management practices resulting in
glowing audits and reviews from state and federal grantors
· Maintained excellent relationship with Board of Directors
· Grew staff from start-up of three to thirty-five office staff and approximately 70
field staff; established and maintained a majority of office staff with disabilities even
prior to federal mandate, providing opportunities for both professionally trained and
lay people with disabilities to work in a productive, accessible environment
· Provided supportive, creative environment in which employees worked hard and
skillfully, as well as enjoying extracurricular activities
Attorney at Law
Engaged in general civil practice, including estates, product defects, family law,
personal injury litigation and employment issues.
Selected Pro Bono Activities
· Maddie's Fund Planning Committee Work with local animal shelters and animal welfare
organizations to obtain funding to make Rogue Valley "no-kill". 1999 - 2001
· Green Soda Neighborhood Group Led negotiations for neighborhood group with Boise Cascade
to reduce logging and pesticide use in Southern Oregon area bordering Pacific Crest Trail. 1998
· New Orleans Coalition Member of political action and educational organization. 1988-1991,
President 1990-1991
· New Orleans Legal Assistance Corporation. Board of Directors, 1985-1990, President 1988~1990
WORK HISTORY
2001-2003
1999-2000
1996-1997
1989-1996
1983-1989
Student
Attorney
Executive Director
Executive Director
Attorney
Naropa University, Oakland, CA
Ashland, OR
So. Oregon Humane Society, Medford, OR
New Orleans Resources for Independent
Living, Inc., New Orleans, LA
New Orleans, LA
EDUCATION
· Master of Liberal Arts: Naropa University, Oakland, CA
· Juris Doctor Degree: Louisiana State University, Baton Rouge, LA
· Bachelor of Arts: University of Denver, Denver, CO
Eric Navickas
711 Faith Ave.
Ashland OR 97520
482-0561
Re: Opening on Housing Commission
I am writing to express interest in a position on the Housing Commission.
Housing is quickly becoming one of the most critical issues in Ashland as housing costs
increase and open space becomes more and more scarce. ! feel there are ways that
Ashland can continue to provide housing without opening the door to expanding the
UGB or destroying the character of our city.
City owned property in the downtown and the undeveloped Railroad property offer some
of the best opportunities for developing high-density affordable housing. I hope to work
through the Housing Commission in conjunction with the Council and Planning
Commission to insure that these properties are used to fulfill the extreme need in our
community for affordable housing.
As an Architectural designer and a graduate of the University of Oregon Architectural
program, I have a broad knowledge of housing types and successful housing solutions
that have been used throughout the world. As a citizen of Oregon, I also have a deep
respect for the goals of Oregon Land Use Law and its intent on avoiding sprawl that has
destroyed so much of America. As a community member of Ashland, I also respect the
character and scale of our city and its uniqueness in a country dominated by strip malls,
parking lots, and endless sub urbanization.
Thank you for your consideration in placing me on the Housing Commission. I ensure
you that my dedication will be an asset to this commission.
Sincerely,
Eric Navickas
Mr. Alan De Boer
Honorable Mayor
Of the City of Ashland
December 26, 2003
Dear Mr. Mayor,
I would like to be considered for one of the vacancies that the city has on the
Housing Commission. As a citizen of the city of Ashland for over twenty-five years, and
with my experience in the field of real estate and housing, I would be honored to serve
the citizens of Ashland on the Housing Commission. I am a real estate broker with an
offme in Medfor&
Sunrise Real Estate
18 Almond SL
Medford, Oregon 97504
Office; 541.T/0-7055
Fax: 541-842-4242
Residence: 389 E. Hersey St.
Ashland OR. 97520
Home: 541-482.8874~
Sincerely,
Iraj Ostovar
December 26, 2003
City of Ashland
20 E. Main
Ashland, Oregon 97520
Dear City Officials,
Please consider me for the open positions on the Housing Commission. I have been
involved in community issues through my consulting work for many years, including
housing. I include my resume for your review.
Having lived outside of town for over twenty years, my family and I recently moved to
town and I wish to be more involved in civic life. I believe I could offer a national
perspective on housing issues as well as good ideas for making Ashland more livable.
Thank you for your consideration.
Sincerely,
Kevin Preister
256 Sixth Street
Ashland, Oregon 97520
482-0564
Curriculum Vita
KEVIN PREISTER
256 Sixth Street
Ashland, Oregon 97520
(541) 482-0564
married
three children
email: kevpreis~jeffnet.org
EDUCATION
Ph.D. 1994 University of Califomia at Davis, Anthropology with emphasis in economic development,
Latin America, and applied social change.
M.S. 1979 Catholic University of America, Washington, D.C., Anthropology.
B.S. 1971 Colorado State University, Ft. Collins, CO., with distinction, Psychology.
PROFESSIONAL EXPERIENCE
Managing Partner, Natural Borders LLC, an international firm specializing in social resource
management, 2002.
Managing Director, Social Ecology Associates, P.O. Box 3493, Ashland, Oregon 97520, 1997.
Lecturer, Southern Oregon University, Ashland, Oregon, 1991-98, courses in cultural and applied
anthropology, and conflict studies. University teaching assistant: Department of Anthropology,
University of Califomia at Davis, 1985-7; Department of Anthropology, Catholic University,
Washington, D.C., 1977-8.
Instructor, National Training Center, Bureau of Land Management, Department of Interior, Phoenix,
Arizona. Workshops in community assessment and community-based, collaborative stewardship are held
around the country.
Staff anthropologist, Director, Community Action Program, The Rogue Institute for Ecology and
Economy, 1993 to 1997.
Research associate and program director, The Foundation for Urban and Neighborhood Development
(FUND), Inc., Denver, Colorado, 1980-85.
CONSULTATIVE PRACTICE: APPLIED RESEARCH AND ACTION PROJECTS
2003 West Medford Livability. A Project for the West Medford Community Coalition and the
Carpenter Foundation.
2003
2003
2003
2002
2002
2002
2001
2001
2000
2000
2000
2000
Institutionalizing Collaborative Community Management, Bureau of Land Management, Year
Three with the Phoenix Field Office.
Issue Scoping in Preparation for Land Use Planning, Bureau of Land Management, Las Cruces,
New Mexico.
Social and Economic Assessment Related to the Biscuit Fire Environmental Impact Statement,
Siskiyou National Forest.
Human Geographic Mapping in the Willamette Province: the creation of GIS layers containing
social and economic information for forest planning, urban policy, and ongoing management.
Willamette National Forest, Eugene, Oregon.
Support services to create community-based stewardship approaches in southern Utah. Arizona
Strip BLM Field Office.
Community-based approach to land use planning and the development of a new Resource
Management Plan (RMP). Phoenix BLM Field Office, Phoenix, Arizona.
Creating Socially Responsive Watershed Enhancement Projects. Kootenai Tribe, Bonner's Ferry,
Idaho, April.
"Citizen Issues and Opportunities related to Bureau of Land Management Activities in the
Farmington District Office, Supporting Documentation for an Environmental Impact Statement
for a Revised Resource Management Plan (RMP). February.
"The Red-Cockaded Woodpecker as an Asset: Creating Community Benefits from Habitat
Restoration," a report and project for U.S. Army Environmental Center, U.S. Fish and Wildlife
Service, and the U.S. Army at Fort Bragg, December, with Dave Schultz, Dick Men-itt, Kris
Komar, James A. Kent.
Issue Management for a proposed Multi-Use Park along the Middle Snake River, for the National
Park Service and South Central Idaho Recreation and Tourism Development Association
(SCIRTDA).
"Preparing for Change in High Desert of Central Oregon: Using Human Geographic Boundaries
to Create Partnerships," A report to the Central Oregon Initiative of the Deschutes and Ochoco
National Forests and the Prineville BLM; use of human geographic boundaries as administrative
units; July.
Developing a collaborative management process for the Southern Bradshaw Mountains, Arizona
with the Bureau of Land Management and other partners.
2
lit 11 I,
2000
The identification and resolution of citizen issues related to the Cascade-Siskiyou National
Monument, southern Oregon, Bureau of Land Management Environmental Impact Statement,
Medford Field Office.
1999
"Making Connections: Research and Action Planning for Economic Development in the Illinois
River Valley." Cave Junction, Oregon: the Illinois Valley Community Response Team with a
grant from Oregon State Lottery through the Rural Investment Fund administered by the State
Office of Economic and Community Development Department.
1999 "Building Our Communities: An Organizational Evaluation of the Sunny Wolf Community
Response Team." Wolf Creek, Oregon: The Sunny Wolf Community Response Team, June.
1999
An Issue Management Approach to Off-Highway Recreational Vehicle Park Development, Off-
Highway Motor Vehicle Recreation Division, California Department of Parks and Recreation, the
James Kent Associates.
1994-9Project management services, "Ethnography as a management tool," for federal land
management agencies. -Bureau of Land Management, 1994-97; -Rogue River National Forest,
1996; Chattahoochee National Forest, 1998; Mt. Hood National Forest, 1999; Region 6 office,
1999.
1998-9
"Human Geographic Mapping: Tool for Integrated Resource Management"; five year
Cooperative Agreement with Bureau of Land Management, Office of Assessment, Planning and
Community Support, 1998; Applied ethnography in natural resource management using GIS
technology to map cultural dimensions of society.
1998 "A Market Study of Various Forest Products and Fee-for-Services Opportunities for the Sunny
Wolf Community Response Team," Social Ecology Associates.
1997 The McKenzie Discovery Process: Grounding Forest Managers in Community Process.
Willamette National Forest, Blue River District. Social Ecology Associates.
1997 Identifying community issues related to forest management projects, Applegate Valley, Oregon.
Bureau of Land Management, Grants Pass Resource Area, Social Ecology Associates.
1997 Outreach and Education Project, Upper Rogue Watershed Council, Shady Cove, Oregon. The
Rogue Institute.
1997 "Walking Through a Narrow Gate: The Prospects for a Log Sort Yard in Southern Oregon,"
Wells Fargo National Bank for the Rogue Institute.
1996
The State of Oregon's Regional Problem Solving Program Applied to Aggregate Development in
Josephine County: A Successful Community-Based Approach to Policy, Applegate River
Watershed Council.
1996 "Strategic Planning in the Applegate Valley: Issues and Priorities in Phase One of the Planning
Process." Medford, Oregon: Rogue River National Forest.
1996 "Community Issues and Opportunities in Sunny Valley, Oregon," Report of citizen effort to
Sunny Wolf Community Response Team. Ashland, Oregon: The Rogue Institute.
1996
Community Mobilization Project. Report: "It's that 1%: A Social Assessment of White City,
Oregon." Jackson County Urban Renewal Agency and the White City Community Improvement
Association
1995 Community Issues Regarding the Master Transportation Plan. City of Grants Pass, Oregon,
Josephine County, and the Rogue Valley Council of Governments.
1995
Issue Management Pilot Project. Report: "I Feel Famous Here: Community Issues Regarding
Transportation and Growth in Talent, Oregon." Oregon Department of Transportation and the
Rogue Valley Council of Governments.
1995
Outreach and Education Project, Applegate Valley, Oregon, State Watershed Health Program.
Report: "Stewardship in the Applegate Valley: Issues and Opportunities in Watershed
Restoration."
1994-7
Empowerment and Improved Service Delivery in Distressed Neighborhoods, West Medford
Community Coalition, Medford, Oregon. Report: "No One is Thrown Away: The West Medford
Community Coalition and Opportunities for Change."
1994
Strategic Planning for Four Rogue Valley Communities. Rogue Valley Council of Governments,
Central Point, Oregon. Reports: "Rural Past and Urban Future: A Community Assessment of
Eagle Point," "Growing Like Topsy: A Community Assessment of Shady Cove, Oregon,"
"Losing Our Rural Patience: A Community Assessment of Rogue River, Oregon," and "A Little
Gem in the Rough: A Community Assessment of Gold Hill, Oregon."
1994-7
Consultation with Bureau of Land Management (Grants Pass Resource Area), Forest Service
(Rogue River National Forest) on planning, public participation, and social/economic components
of ecosystem health (assessment and monitoring).
1993
Community assessment for the Applegate Partnership, Rogue River National Forest, Siskiyou
National Forest, and Bureau of Land Management. Words Into Action: A Community
Assessment of the Applegate Valley. Ashland, OR.: The Rogue Institute for Ecology and
Economy, May.
1993
Hot meals program for homeless youth, Ashland, Oregon, Peace House. "Kids Are Stuck: Street
People and Panhandling in Ashland, Oregon," Ashland City Council and Chamber of Commerce,
September.
4
I1 I,
1992
1990
1989
1988
1987
1986
1985
1985
1984
1984
1983
1982
1982
Research and program development for homeless youth in Jackson County. "Out-of-Home Youth
and Housing Programs Serving Them: Implications for Jackson County," (with John M. Bums).
Medford, OR.: Youthworks, Inc. and Jackson County Youth Services Commission, October.
The use of the National Environmental Policy Act (NEPA) to affect transportation decisions.
"The Use of NEPA to Mitigate Construction Impacts on Highway 82: The Light Rail Alternative"
(with James A. Kent, Mark Welsh, Robert Schultz), a report to the City of Aspen, Colorado.
The identification and resolution of issues related to the operation of Superfund, Aspen, Colorado.
"Our Lives Are On Hold: The Prospects for Issue Management with the Aspen Superfund Site,"
The Environmental Protection Agency, Region 8, Nov. 21.
Social risk analysis for gold mine development in an urban recreation area, Mt. Shasta, CA., Coca
Mines, Denver, CO.
The promotion of tourism development as a mechanism for economic diversification, City of
Matewan, West Virginia.
Local and community issues related to hardwood range management in the State of California.
"Steaks and Stakes: Extensions' Linkages on the Hardwood Range," A report to Cooperative
Extension, University of California at Davis, July (with Joan Wright).
Evaluation of resettlement projects and training in community description, E1 Salvador.
"Promoting Self-Sufficiency in Resettlement Projects," for World Vision International, Monrovia,
CA., by the Foundation for Urban and Neighborhood Development (FUND), Inc., September.
Social feasibility of a food irradiation facility in Guatemala. "Social Feasibility Study: Caribbean
Area Food Irradiation," for National Food Processors Association and U.S. Department of Energy
through the U.S. Agency for International Development, Washington D.C., May.
Social risk management, Chevron U.S.A., Richmond, CA.
Culturally-appropriate oil and gas leasing program, Northern Ute Indian Reservation, Ft.
Duchesne, Utah, Lear Petroleum, Denver, CO.
Social boundary identification in the Pacific Northwest as an aid to project planning, U.S. West,
Seattle, WA.
Community assessment for oil and gas development, Yakima Reservation, Washington State.
"Protecting Future Generations Through Energy Development," Lear Petroleum, Denver, CO.:
Foundation for Urban and Neighborhood Development, Inc., July (with Linda Bacigalupi and
Jeronimo Soliz).
Social and economic assessment of Homestake I1 water diversion project near Vail, CO.
"Homestake II Water Diversion Project: A Social and Economic Assessment," Cities of Aurora
1981
1980
and Colorado Springs, CO. Denver, CO.: Foundation for Urban and Neighborhood Development
(FUND), Inc., February (with Robert Gallegos).
Assessment of interests of Denver neighborhoods related to the cable franchise. "Assessment of
Interests and Issues of Denver Neighborhoods Related to the Cable Franchise," United Cable.
Denver, CO.: Foundation for Urban and Neighborhood Development, Inc.
Social impact assessment of the proposed Adam's Rib Recreational Area. A Future in Motion:
Social Impact Assessment for Adam's Rib Recreational Area (with Robert Gallegos), April, 1981;
Impact Questions Regarding the Lower Eagle valley: A Summary_ of Issues, Concerns and
Opportunities to be Used in the Review of the Adam's Rib Recreational Area (with Robert
Gallegos and the Joint Review Committee), November, 1980; Social Impact Assessment for
Adam's Rib Recreational Area: Report No. 1, The Current Situation (with Robert Gallegos, James
Kent and Kathi Cannan), March, 1980. Hospital Builders Inc., St. Louis, MO., Denver, CO.:
Foundation for Urban and Neighborhood Development.
CONSULTATIVE PRACTICE: TRAINING PROGRAMS IN SOCIAL RESOURCE
MANAGEMENT
Training workshops have been conducted for industry and government groups seeking to improve the
social responsiveness of their development programs. The training is based on ethnographic fieldwork
involving direct contact with affected people in order to broaden understanding of diverse points of view.
Such understanding offers the basis for structuring management practices and for integrating community
and organizational goals. From one day to six months in length, the training is useful for day-to-day
operations, project planning and implementation, and strategic planning.
2001-03 National Training Center Courses, "Community-Based Partnerships" held in
Winnemucca, Nevada, Parker, Arizona, Kanab, Utah, La Grande, Oregon, Miles City, Montana;
"Learning Community: Linking People, Place and Perspective" in Socorro, New Mexico;
"Community Economic Assessment", Elko Nevada, Taos, New Mexico. "Planning Concepts"
Course held for BLM in: Moab and Kanab, Utah, Battle Mountain, Nevada, Ukiah, California,
Prineville, Oregon, Fairbanks, Alaska.
2000
"Building Community Partnerships: Tools for Discovery and Action." Canon City BLM. 1999:
John Day-Snake Resource Advisory Council, Bureau of Land Management, U.S. Forest Services.
1997: Rogue River National Forest.
2000 "Using Social Ecology to Address NEPA's Requirement for Productive Harmony," Phoenix
Field Office of BLM, Five Day Course, February 14-19.
1997-2001 "Community-Based Partnerships and Ecosystems for a Healthy Environment," Phoenix,
Arizona; Bend, Oregon; Ely, Nevada; Elko, Nevada, Pinedale, Wyoming, Tonopah, Nevada,
Safford, Arizona, Cody, Wyoming; Bureau of Land Management National Training Center.
6
1999 "Learning Community: Linking People, Place and Perspective," a three-day course developed and
implemented under the auspices of BLM's National Training Center in Phoenix, Arizona.
1996 "Public Participation in Environmental Decision-Making," program for Russian delegation
sponsored by U.S. Agency for International Development, July 26-27.
1995 Issue Management: Cultural Alignment in the 1990s, U.S. Forest Service (Rogue River National
Forest) and Bureau of Land Management (Ashland Resource Area).
1995 Issue Management in the Nineties, U.S. Forest Service, Southeast Region, Chattanooga,
Tennessee.
1990 Four-forest networking seminar. U.S. Forest Service, Willamette, Siuslaw, Mt. Hood, & Gifford
Pinchot National Forests, Region 6, Portland, OR.
1990 Impact management for economic transition, Lolo National Forest, City and County of Missoula,
Dept. of State Lands, Dept. of Fish, Wildlife and Parks, Missoula, MT.
1990 Issue-centered strategic planning, Homeless and Housing Project of the Jackson County
Community Services Consortium, United Way, Medford, OR.
1985
1984
1984
1982
1982
1980
World Vision Project Office, San Salvador, E1 Salvador.
City of Vancouver, WA., City of Bellevue, WA., U.S. Forest Service, Portland, OR.
U.S. Army Corps of Engineers, Sacramento, CA.
Oil and gas industry representatives, Farmington, N.M.
University of Denver, MBA program in Energy Management.
Bureau of Forest Development, Division of Natural Resources, Republic of the Philippines.
PUBLICATIONS
2002
"A Human Geographic Issue Management System for Natural Resource Managers in the
Willamette Valley, Oregon." James Kent Associates (with L. Ibanez Dalponte, T. Keys, M.
Gordon, K. Saylor, A. Arias, J. Kent), Willamette National Forest, October.
2001
"Using Social Ecology to Meet the Productive Harmony Intent of the National Environmental
Policy Act (NEPA)," Hastings West-Northwest Joumal of Environmental Law and Policy,
Volume 7, Issue 3, Spring, with James A. Kent. Berkeley, CA.: Hastings College of the Law.
1999
"Methods for the Development of Human Geographic Boundaries and Their Uses", in partial
completion of Cooperative Agreement No. 1422-P850-A8-0015 between James Kent Associates
and the U.S. Department of the Interior, Bureau of Land Management (BLM), Task Order No.
00l.
7
1997
"Social Ecology: A New Pathway to Watershed Restoration." in Watershed Restoration:
Principles and Practices, by Jack E. Williams, Michael P. Dombeck and Christopher A. Wood,
Editors. Bethesda, Md.: The American Fisheries Society (with James A. Kent).
1997
"Culture, Strategies and Community Empowerment at the EPA Smuggler Superfimd Site, Aspen,
Colorado: A Case for Understanding the Impact of Oral Communication Networks and Pathways
on Informal Decision Making Systems." (With Kent J.A., and C. Hunka) 1N Community Culture
and the Environment: A Guide to Understanding a Sense of Place, 2002, U.S. EPA (EPA 842-B-
01-003), Office of Water, Washington, D.C.
1996
"Social Ecology in Ecosystem Restoration," in The Role of Restoration in Ecosystem
Management, David L. Pearson & Charles V. Klimas (eds), pp. 199-207. Madison, WI.: Society
for Ecological Restoration (with James A. Kent).
1994
From Natural Resource Sectors to Trade and Services Sectors Along South Oregon's Coast: A
Case Study in Economic Transition. Unpublished Ph.D. dissertation. Davis: University of
California.
1992
"The Theory and Management of Tourism Impacts," IN Tourism Environment: Nature, Culture,
Economy, Tej Vir Singh, Valene L. Smith, Mary Fish & Linda K. Richter (eds.), pp. 148-60.
New Delhi: Inter-India Publications. Also in, Tourism Recreation Research, Vol. XIV (1): 15-22,
1989.
1987 "Issue-Centered Social Impact Assessment," IN Anthropological Praxis - Translating Knowledge
Into Action, Robert W. Wulff& Shirley J. Fiske (eds.), pp. 39-55. Boulder, CO.: Westview Press.
1984
"Clinical Sociological Perspectives on Social Impacts: From Assessment to Management,"
Clinical Sociological Review, Vol. 2, pp. 120-132 (with James A. Kent); also published as "The
Issue-Centered Approach to Social Impacts: From Assessment to Management," Social Impact
Assessment, No. 71/72, Nov.-Dec. 1981.
1982
"Making a Difference: Linking Anthropological Fieldwork with Government and Industry
Decision-Making," in Highlights, Second Annual Meeting, High Plains Section, Society for
Applied Anthropology, Boulder, CO., February.
1979 "Role Relations With A Social Network: Adaptive Behavior as a Vehicle for Sobriety," M.S.
Thesis, Washington D.C.: Catholic University of America.
AWARDS AND OFFICES HELD
2003
Lecture Series, University of Helsinki, Finland, The Theory and Management of Tourism, and
Anthropological Contributions to Paradigm Shifts in Natural Resource Management, Renvall
Institute, December 8-10.
1988
Recipient, Rural Policy Fellowship, Woodrow Wilson National Fellowship Foundation. Title:
"From Natural Resource Sectors to Trade and Services Sectors Along South Oregon's Coast: A
Case Study in Economic Transition."
1981 Honorary Praxis Award by the Washington Association of Professional Anthropologists,
Washington D.C. Title: "The Issue-Centered Approach to Social Impact Assessment."
PROFESSIONAL CONFERENCES
2003
Joint Ventures, Partners in Stewardship, Human Geographic Mapping and Social Ecology: Tools
for Cultivating Partnerships, U.S. Departments of Agriculture and Interior, November 17-20, Los
Angeles.
2003 Eighth Annual New Mexico Infrastructure Finance Conference, Human Geographic Mapping as
a Means to Develop Community Vision and Direction, Albuquerque Marriott, October 28-30.
2002
Changes and Choices, Collaborative Land Use Planning in the Southwest, Southwest Strategy,
U.S.D.A., Bureau of Land Management, Bureau of Reclamation, New Mexico Association of
Counties. Title: "Staffing the Culture Through Human Geographic Mapping.
1999 Annual Meeting, Society for Applied Anthropology, Tucson, Arizona, April 21-25. Title: "Human
Geographic Mapping and Issue Management: Tools for Integrated Resource Management."
1997
Sustainability: From Ethics to Action, University of Washington Department of Landscape
Architecture and the National Park Service. May 22-23, Seattle. Title: "Community-Based Policy
Development."
1997 Annual Meeting, Oregon Society of American Foresters, May 6-8, Coos Bay, Oregon. Title:
"Demographics/Changing Values and Needs."
1997 H.O.P.E.S. Eco Design Arts Conference, April 11-13, University of Oregon, Eugene. Title: "The
Discovery of Community for Citizen Activism in Land Use Decisions."
1997 Klamath Basin Restoration and Management Conference, March 11-13, Yreka, California. Title:
"Social Ecology: A New Pathway to Watershed Restoration" (with James A. Kent).
1997
Society for Applied Anthropology, March 4-9, Seattle, Washing, ton. Title: "Shift Happens:
Anthropological Contributions to Paradigm Changes in Natural Resource Management and
Human Service Delivery in the Pacific Northwest."
9
1996 Society for Applied Anthropology, March 27-31, Baltimore, Maryland. Title: "Rural and Urban
Stories in an End Time: The Social Ecology of Ecosystem Management."
1995 Society for Ecological Restoration, September 26-29, University of Washington, Seattle,
Washington. Title: "The Social Ecology of Watershed Restoration."
1994
Creating Community Sustainability Across America, Community Sustainability Resource
Institute, Silver Spring, Maryland, November 16-19, 1994. Title: "Informal Community Systems
and the Applegate Partnership."
1993 Partners In Change, Oakridge, Oregon, Rogue Institute for Ecology and Economy, October 14-16.
Title: "How to Understand and Involve the Community in Ecosystem Management."
1992
American Anthropological Association, San Francisco, CA., Dec. 2-5.
Economic Transition: From Natural Resource Sectors to Trade and
Oregon's Coast."
Title: "A Case Study in
Services Along South
1988 First Global Conference: Tourism--A Vital Force for Peace, Vancouver, British Columbia,
Canada, Oct. 23-27. Title: "The Theory and Management of Tourism Impacts."
1986 Society for Applied Anthropology, Reno, Nevada. Title: "The Practical Uses of Ethnography in
the Development of Socially-Responsive Management Systems."
1982 Western Social Science Association, Denver, CO. Title: "The Development of Social Impact
Management Systems."
1982
Member of Program Planning Committee for the First International Conference on Social Impact
Assessment, Vancouver, British Columbia, October. Presenter of paper entitled, "Social Risk
Management: Toward Impact Prevention."
1982 New Perspectives on Planning in the West, Arizona State University, Tempe, AZ., March. Title:
"The Introduction of Social Impact Management to Urban Planning: The Honolulu Case."
MEMBERSHIP IN PROFESSIONAL ASSOCIATIONS
American Anthropological Association
Society for Applied Anthropology
REFERENCES
Dr. James A. Kent
James Kent Associates
P.O. Box 1267
Basalt, Colorado 81621
970.927.4424
Dr. Vicki Sturtevant
Chair, Dept. Sociology/Anthropology
Southern Oregon University
1250 Siskiyou Blvd.
Ashland, Oregon 97520
541.552.6762
10
DEC 2 4 2003
Hit~hli~hts
Alaya Ketani
117 Garfield Street #1
Ashland, OR. 97520
541/488-5025
Unlimited individual of integrity with proven success in Customer Service, Retail & Direct Sales, Marketing, Clerical, Office Management,
Administration, Merchandising, Training, Interviewing, Computer Specialization, Organization, Vocational Guidance, Advertising, Editing,
Proofi'eading, Production Coordination, Quality Control.
Excellent Communication & Presentation talents. Experience with all ages & economic levels. Negotiation skills. Customer Service
Certification. Retail expertise including inventory, displays, manual & computerized tills, reconciliation, restock.
Bachelor of Arts Degree University of California at Los Angeles, Major: Political Science, Minor: Communications. Post Graduate
Studies: Consumer Behavior.
Honest Adaptive Responsible Diligent Efficient Flexible Reliable Sincere Heartful
Work HistorF & Accomplishments
Retail Sales/Customer Service
Inti Imports
Ashland, OR.
2003 -Present
*Responsible for product line of imported clothes and fine objects.
Personal/Executive Assistant
Heart of Ail Trades
Ashland, OR.
Heart of All Light
Ashland, OR.
2002-Present
*Created business as Consultant/Executive and Personal Assistant.
*Fullfilling several assignments including administrative, cooking &
entertaining, house & pet care, companion & child care, organizing & planning,
editing & proofreading, sales & marketing, vocational guidance,
errands & appointments.
*Advanced Clinical Hypnotherapy & Empathic/Intuitive Healing, Reiki &
Axiatonal Energy Healing, & Itanamic Crystal Movement Therapy.
Customer Service/Office Management 1999-2002
Alpha Generation Heating
Coos Bay, OR.
*Family-owned & operated business.
*Specialized in New-Age & exotic heating systems.
*Responsible for sales, bookkeeping, & public contact interaction.
Customer Service/Sales 1998-1999
Oregon Connection, House of Myrtlewood
Coos Bay, OR.
*Premier myrtlewood retailer
*Extensive seasonal bus tours servicing hundreds of customers daily.
*Specialized in customer service, displays, packaging. & inventory of clothing,
jewelry, toys, golf departments.
Customer Service/Sales
South Coast Hospice Thrift Store
Coos Bay, OR.
1998
*Nicest resale store in area with funds supporting home care of terminally ill.
*Responsible for retail sales, till, pricing, stocking.
Customer Service/Sales
Second Street Gallery & Gift Shop
Bandon, OR.
1996-1998
*One of finest & largest galleries statewide with extremely busy tourist season.
*Obtained knowledge & performed sales of fine art in many mediums.
*Extensive customer interaction, inventory, shipping arrangements, packaging.
Job Placement Representative 1993 - 1996
State of Oregon Employment Department,
Coos Bay/North Bend,' OR.
*Developed all community resource information
*Leader in new registration processing 1994-1996.
*One of three staffrepresentatives selected for federally-mandated Worker Profile
Program, & one of two selected for Adult & Family Services OFSET program
supplying specialized counseling services 1994-1996.
*Specialized in Professional/Sales/Clerical recruitment & job placement for
countywide touch screen kiosks.
*Ranked second in applicant placements 1995-1996.
*Selected to be statewide committee member & single in-house trainer for agency conversion to occupational coding system.
Custodial Care Provider
Coos Bay, OR.
1990-1993
*Privately employed by senior stroke patient to oversee care & business matters.
Resume of Qualifications
Alaya Ketani
Page Two of two
Work Histor~ & Accomplishments,(Continued)
Publications Technical Editor 1988 - 1990 *Served as single Publications editor for largest company defense program.
Senior Text Processor/Administrator 1987 - 1988 *Multiplied department usage marketing services to new & former clientele.
ESL Incorporated, Sunnyvale, CA. *Held Secret Government Clearance.
*Focal point administrator for text processing department coordinating all facets of work flow.
*Successfully published largest company proposal in 1990 providing consultation, scheduling, edit, presentation, & quality control.
Travelled 1985 - 1987 *Obtained exceptional experience working as contracted temporary employee in
many positions including Retail Sales, Advertising Sales, Real Estate Sales, Merchandiser, Floral Designer, Child Care, Credit Union Teller,
Restaurant Hostess, Receptionist, Secretary, Computer Skills Trainer & Troubleshooter.
Technical Proofreader 1981 - 1985
Line Artist/Repro-Typist
Northrop Aerospace & Northrop Electronics, Inc.
Los Angeles, CA.
*Served as contracted employee in both divisions of large government defense
corporation.
*Worked on several advanced state-of-the-art govemment projects.*Held Confidential Government Clearance.
Associate National Field Operations Director 1980 - 1981 *Travelled nationwide to conduct orientations, train interviewers, & oversee
ASI Market Research Inc., Hollywood, CA. survey operations.
*Wrote watts-line & mall-intercept surveys for clients including top movie studios, television networks, & auto makers.
Account Executive 1977 - 1980
Market Research Associate
McCann-Erickson, Inc., Los Angeles, CA.
*Third largest full-service advertising agency in world.
*Selected to be client/staff liaison for highest-billing client in agency.
*Developed & marketed multi-million dollar campaigns.
Comp#ter Experience Intemet Systems Microsoft Windows/Word/Works WordPerfect Wordstar Displaywrite Microskills
CIS Jobworks Anthology Quicken Multimate Displaywrite Lotus Excel M~cwrite Macdraw dBase Mathtype IBM&
Compatibles Apple Macintosh Wang Displaywriter NBI Motorola Hewlett,Packard Computerized RetailSystems.
SpecialStudies Customer Service, Consumer Behavior, Compassionate Communication, Conflict Resolutiorl, lrll4lljan~ l~ilCrl~ Systems,
Meditation.
December 26, 2003
The City Recorder
City Hall
20 East Main St.
Ashland, OR 97520
To Whom It May Concern:
I am very interested in serving on the Housing Commission of the
City of Ashland. It is because of the mission statement of the Commission
that I am applying for one of the vacancies. It is progressive. It seeks to
assist legislation that is egalitarian in nature. It is one that requires its
members to think creatively and to act on a vision of fairness and
cooperation at all levels. This sounds exciting and challenging to me.
My qualifications are the following:
1. A commitment of time and energy
2. Experience on a commission in Albany, California
3. Oregon Realtor's License
4. Experience of working with businesses
5. Desire to contribute to my community
6. Trained listener
7. Experience with non-profit housing
I have enclosed my resume. My current employment is not listed on it
I have been working at Mountain Meadows with Madeline Hill since the
middle of May. I received my Oregon Realtor's License in June, 2003.
Should you have any questions, please give me a call at 482-3559 (h) or
482-1300 (w). I look forward to hearing from you in the near future.
Sincerely yours,
Carol J.Voisin
908 Fox Street
Ashland, OR 97520
Carol J. Voisin
908 Fox Street
Ashland, Oregon
541.482.3559
cjvoisin@yahoo.com
QUALIFICATIONS
Effective and efficient entrepreneur with managerial and leadership
skills that include marketing and sales expertise.
Fifteen years experience in higher education administration, overseeing
academic programs, planning/implementing educational programs, and
directing a national summer session program.
Expertise in working with an ethnically diverse faculty and staff:
recruiting, evaluating and providing ongoing training.
Ability to analyze problems, develop solutions and communicate
successfully the details necessary to follow through with a solution.
PROFESSIONAL EXPERIENCE
1998-2003 Owner and Founder of Employment Works of Eme~ville
A social justice business dedicated to finding employment
for persons over forty years of age and to providing small
and mid sized businesses with experienced and skilled
employees.
1996-1998
Director,, Center for Continuing Education at Duke Divini~.
School, Duke Universi~. Developed policy for and
implemented a school for non-baccalaureate students who
were racially and economically diverse...Evaluated and
expanded data bases for students and adult education
programs...Initiated, organized and implemented programs for
a racially and economically diverse constituency...Reached
out to the community and businesses...Developed
promotional materials and advertising for programs.
1986-1996
Director of Special Studies at Pacific School of Religion
Strategically expanded a summer session from 15 faculty to
80+ faculty, from 85 students to 1000 students, and increased
a $90k budget to a $290K budget...Initiated and created
educational programs in cooperation with community
organizations and businesses...
Voisin, Page two
Collaborated with ethnic leaders to develop student programs
sensitive to their culture, language, and educational
needs...Administered, evaluated, and revised a professional
doctoral program.
1982-1986 Coordinator of Special Studies, Pacific School of Religion
Teaching Experience
1986-1995 Adjunct Facul~_ , Pacific School of Religion
Taught classes in Theology, Feminist and Liberation Theology
1981-1982 Assistant Professor at Pacific Lutheran Universi~.
Taught classes in Introduction to Theology and Christian
Ethics.
EDUCATION
Doctor of Theology, Graduate Theological Union, Berkeley
Master of Divinity, Iliff School of Theology, Denver
Bachelor of Science, Colorado State University, Ft. Collins
COMMUNITY ACTIVITY/LEADERSHIP
League of Women Voters of Berkeley, Albany, Emeryville
Board Member and Emeryville Representative
City of Albany, Commissioner, Traffic and Safety
Campaign Strategist for an Albany Council Member and for
Measure C
Committee Member, Senior Worker Advocate Office, State
Commission (Appointed), Sacramento
REFERENCES AVAILABLE ON REQUEST
12/08/03
To Barbara Christensen, City Recorder
On December 2, the Ashland City Council demonstrated remarkable leadership by voting not to
add to Ashland's potential growth areas. I applaud that decision, but am acutely aware - as they
are - that this means that housing prices in Ashland will continue to escalate and, if affordable
housing is not soon made a real option, the community will continue to lose young people and
the energy they bring to the community. Ashland will also increasingly become an unappealing
kind of community in which the affluent are served by those who can't afford to live in the same
town. Ugh!
I am interested in putting some energy into seeing what can be done to avert those unhappy
possibilities, so this is my letter of interest in a position on the Ashland Housing Commission. I
have in the past downloaded the various documents re housing from the city website and have
looked at them enough to know that the problem is complex and without quick solutions. The
clearest directions I have at the moment are 1) to do everything possible to assure that affordable
housing stays affordable in perpetuity and 2) that priority for affordable housing be given to
those who are already working in Ashland or have been hired for positions here.
A brief bio:
Moved to Ashland in 1962. Active 1960s-1976 in League of Women Voters (president); City
Charter Revision Committee; Ashland Citizens Budget Committee (chair); Ashland Revenue
Steering Committee; Jackson County Planning Commission.
Reference librarian: 1976-1991, Jackson County Library System, Southern Oregon University,
Colgate University.
Author: Circulation Services in a Small Academic Library (1992); The Oregon Book:
Information A to Z (1998).
Coordinator, Jackson County chapter, Alternatives to Growth Oregon 2002 - present.
Thanks for your consideration,
Connie Battaile
1216 Tolman Creek Road
Ashland OR 97520
541-488-0368
oregonbk~mind.net
From:
To:
Date:
Subject:
<KEZ13@aol.com>
<berteauf@ash.org.us>
1/7/04 4:48PM
vacancy on City of Ashland Affordable Housing Commission
Dear Mayor DeBoer,
When present commission member Kim Miller told me about this
vacancy, I was interested in serving. My interest stems in part from my
involvement in the Ashland Schools, as a parent of a 1995 Ashland High graduate and a
current Walker School third grader, and as an classified employee of the
district. For the majority of the last thirty years, my parents, sisters, brother and
I have been members of the Ashland community. Because we own our homes, we
have been able to afford to live here. However, I now see a community where most
lower to middle class families cannot afford to buy, or even rent, decent
housing This has a the consquence of impacting the financial viablity of our
public schools, as we are all painfully aware.
My mother owns a lot on "B" Street and discussions about possible
development of the property have brought Ashland housing issues to my attention.
I am interested in finding out more about the issues and possible solutions
that challenge the Ashland Affordable Housing Commission.
My resume' is attached. As a former social worker, I have a good
grasp of the common issues that Iow income people face. I have experience
working with groups as a volunteer and presently have time to offer my services to
this commisssion. I hope you feel my experience and skills would be helpful.
Thank you for your consideration.
Sincerely,
Crumme Korth
Amy
,IL ti I]
AMY CRUMMI~ KORTH
15&6 East Nevada Street
Ashland OR 97520
.541-482-1843
EDUCATION
B.A. Criminology, B.A. Sociology, Dual Major
Southern Oregon State College, Ashland/Oregon, 1983
Professional Cooking in a Commercial Kitchen
Rogue Community College, Winter term 2000
Completed program consisting of two hundred hours of training, including 9
hours of Serve Safe Certification.
EXPERIENCE
2000-2001
1999 and 2000
1995-1998
1989-1995
1986-1989
Substitute positions in the classroom and the kitchen:
SOUTHERN OREGON HEADSTART
774-1347
SOU SCHNEIDER CHILDREN'S CENTER
Luonn Lane - 552-8224
SKI ASHLAND HOLIDAY BUS
Bus chaperone
ANNE HATHAWAY'S COTTAGE
Chuck Keil - 488-1050
Breakfast cook during the 1999 and 2000 tourist seasons.
Part-time work while home with young child:
FAMILY DAYCARE for Terry/Rodger Love - 503-675-1985 and Susan Kohlman - 488-3692
HENRY'S LAUNDROMAT, Ashland, Oregon
Jim and Wink Jean 482-0173. Janitorial work.
PROJECT MISDEMEANANT, Jackson County Community Corrections, Medford, Oregon
(Now reorganized to Jackson County Justice)
Mike Fansler- 774-4992 or 774-4900; Terry Love (now retired) 503-675-1985.
Managed large caseload of convicted offenders. Repoded to and produced
investigative repods for the couds. Position involved networking with a wide va-
riety of programs and services, such as substance abuse treatment programs,
domestic violence treatment programs, and employment and educational re-
sources to meet individual probationers' needs.
ADVOCATES FOR THE SEVERELY HANDICAPPED, Ashland, Oregon
Glen Hannah - 488-2870
' Provide direct care to profoundly and severely retarded adults living in group
home. Responsible for organizing recreational, social, and training activities
during my weekend shift. Oversee menu planning, meal preparation and food
shopping for the house. Camp cook for annual week-long summer camp at
Lake of the Woods.
1985-1986
VOLUNTARY ACTION CENTER, Medford, Oregon
Part-time
Coordinated volunteers for a variety of community programs.
COMMUNIT~ HOME CARE, Jackson County, Oregon
Part-time
Family service homemaker. Provided parent training and other services to at-
risk families at the request of Children's Services.
1983-1985
CRISIS INTERVENTION SERVICES (now part of Community Works)
Volunteer Coordinator
Coordinated, recruited, trained, and supervised volunteers to staff Helpline
and Parents Anonymous
1980-1982
SOUTHERN OREGON STATE COLLEGE WOMEN'S CENTER
Part-time staff during various College terms
1979-1980
TASK FORCE ON BATTERED WOMEN, Umatilla County, Oregon
As a CETA project, I organized a volunteer-based program to help victims of
domestic violence, establishing a hot-line emergency shelter system. Organ-
ized many community education activities. Participated in the founding of the
statewide Oregon Coalition Against Domestic Violence.
COMMUNITY INVOLVEMENT
Board President, Advocates for the Severely Handicapped, 1998-present
INTERESTS
Outdoor education with children, gardening, reading, biking
AMY CRUMMI~ KORTH
156& East Nevada Street
Ashland OR 97,~20
541-482-1843
REFERENCES
Chuck Keil
Anne Hathaway's Cottage Bed & Breakfast
556 E. Main Street
Ashland OR 97520
488-1050 (b)
Timothy Kohlman
Cafeteria Manager
Ashland Middle School
482-1611 (b)
Marilyn Switzer-Moore
Instructor, 'Commercial Cooking Program
Rogue Community College
Grants Pass OR 97526
488-2629 (h)
Luann Lane
Director
SOU Schneider Children's Center
552-8224 (b)
APPLICATION
'L TT g
FOR VOLUNTEER COMMISSIONER OF llOL$,u~ ·
Dear Friends:
FRED FRANK CARUSO
APT. # 15
102 GARFIELD STREET
ASHLAND, OR 97520
There are many qualifications for a civic position: skills; experience; knowledge; vision;
etc. Foremost among these is vision. One must always be flexible in the transformation of
vision into reality, because circumstances are constantly changing. New information and
knowledge continually modify the nature of our visions.
My vision of Ashland is not unlike a sovereign ancient Greek city state, a harmonious
community of cultural diversity and progressive values, remaining afloat in the sea of decadent
American pop culture, the barbarian always at the gates. Not a bedroom community, a
retirement haven, or a tourist trap, Ashland is a grand experiment, a model for progressive
communities everywhere. Someday Ashland's population may exceed Medford's.
My most valuable experience for this position is being a "section 8" subsidized renter
myself. In 1998-99, my family and I were homeless in Burlington, Vermont, for seven months.
Housing availability in New England urban regions has been in crisis since the mid 1990's. At
the time, I searched newspapers for reasons. I wrote a guest editorial about homelessness, while
living in a motel room. Before marriage and family, I spent most of my 54 years in one
neighborhood in Newark, New Jersey, where I spent ten years refurbishing my mother's three
story tenement building. I saw the effects of''white flight" on previously stable neighborhoods.
We can distill the essence of what gave this city its appeal and expand upon that essence.
Growth will not be a sell-out of our city to the rich and powerful, but rather a manifestation of
our lifestyle and tolerance for all: The middle class; The poor; The wealthy. They all have
something to contribute. The working poor are the dung that fertilizes the economy for growtk
Affordable housing must work in tandem with other ways to extend hospitality to
working poor and lower middle class. Other forms of hospitality include: A no cost/low cost
health and dental clinic; A "community action" information and referral walk-in office; A
special building code certification for hygienically "safe" affordable housing, as a remedy for
"sick house syndrome." (i.e. Asthmatic, allergic, and multiple chemically sensitive (MCS)
people suffer unemployment, destitution and homelessness, because they cannot tolerate toxic
vapors from modem building materials, rugs, etc., or cannot tolerate mold, dander, fragrance and
pesticide residue in old buildings. Sensitive people ot~en cannot find or afford "safe" rentals.) I,
myself, have multiple chemical sensitivity. I network with other MCS people.
There is much to learn. If appointed commissioner, research and learning will be my
major task. My wife is employed and my child is in school. Soon, I hope to start a specialized
cleaning business for people with sensitivities. It will be a very slow and gradual process of
building a customer base. My foremost interest will be my volunteer work with the city.
RESUME
FRED FRANK CARUSO
102 GARFIELD STREET APT#15
ASHLAND, OR 97520
December 29, 2002
Phone: 541-482-2062
objective
education
To work in a challenging, intellingent environment where I can orient
myself towards personal development and fulfilment long term goals.
SOUTHERN OREGON UNIVERSITY
Bachelor of Science - 1995 - 3.63 GPA
Computer Information System
Economic Geography
OREGON INSTH'UTE of TECHNOLOGY
A.A.S. General Studies- 1992 - 3.42 GPA
job skills
other skills
interests
OTHER COURSES
Summer 1997 - Advanced Business Mathematical Statistics
Spring 1996 - Medical Terminology
CASHIER - CUSTOMER SERVICE - SALES
Wal Mart - 18 months
WORD-PROCESSING
30 WPM-Word for Windows & WordPerfect 5.1
TECHNOLOGY & COMMUNICATIONS
Familiar with Windows 95, computers, the interact, and general
principles of information systems and databases.
Handyman & Home Repair; Retail Sales; Customer Service; Substitute
Teacher; Computer Room Attendant; Security Officer; Initiative
Petitioner; Phone Sales; Pizza and Newspaper Delivery.
Money, Markets & Economics; Preventive Health; Organically Grown
Food; Gourmet Cooking; Creative Writing; Politics and Civies; Auto and
Home Repair; Asian Culture; Environmental/Quality-of-Life Issues.
Fran berteau - Planning Commission Page 1
From: "aaron corbet" <ukhuru@email.com>
TO: <awdb@aol.com>, <donlaws@mind.net>
Date: 12/17/02 7:04PM
Subject: Planning Commission
HOWDY!
I would like to be on your Planning Commission.
I will be out of town until about January 5th or 6th, 2003. After that I can be reached quickly at this e-mail
address, which I check frequently.
About 13 years ago I was on the Board of the Northwest District Association (NWDA), in Portland. This is
a neighborhood organization, analogous to City Council. In fact, previous mayors and Council members
were not infrequently recruited from the NWDA. I had no political ambitions.
I was Chair of the Public Safety Committee, and was also especially concerned with (Iow income)housing
issues. I fought mightily (and unsuccessfully, as it happens) against
"gentrification" of the NW neighborhood, and the razing of good housing to put up row houses. There was
a big brouhaha about this at the time, which hit all the papers. We succeeded in saving three historic
houses, but otherwise were unable to stave off the real estate development juggernaut.
I am quite used to researching just about anything, including legal issues, and am cursorily familiar with
Oregon's land use laws.
I have also been very active, some years back, in a variety of environmental issues.
I will be up front here that my primary concern on this Board would be to implement a program for
Iow-income housing, preferably through sub-sidles and grants of some sort. We need some creative
thinking here, and STRONG LEADERSHIP. I don't much care whether any more rich people get to live
here or not.
Dr. Aaron Corbet
POB 1365
Ashland 97520
(no phone)
ukhuru@email.com
(after 01/02/03, also abc@ukhuru.net)
Sign-up for your own FREE Personalized E-mail at Mail.com
http://www.mail.com/?sr=signup
Meet Singles
http:flcorp.mail.com/lavalife
From:
To:
Date:
Subject:
Fran berteau t
abc@ukhuru.net
12/19/03 1:42PM
Re: Housing Commission
Thank you very much for replying. I will print out your application (below) and pass this on to the Mayor.
The Housing Commission will next meet in January on the 28th so that may work for your schedule.
The Mayor will be confirming his appointments at either the January 6th or 20th council meeting so we will
let you know if you have been appointed.
Thank you again for getting back to me, and for your continued interest in Ashland. Fran Berteau
Fran Berteau
Executive Secretary
City of Ashland, Administration Department
Tel: 552-2100
Fax: 488-5311
berteauf@ashland.or.us
TTY 800 735-2900
>>> abc@ukhuru.org 12/19/03 01:12PM >>>
DEAR MS. BERTEAU:
Thanx a lot for remembering me with respect to the
Housing Commission. Yes, I would like to apply. But I
have a problem: I'm currently snowed under with
professional obligations, and will not begin to see my
way clear until mid-January. At that time I can put in
some minimal participation; but will be unable to go
full bore until the end of January.
If this would be acceptable for at least one of your
vacancies, please let me know.
In the meantime, here are some specs, -relevant or
not.
BA, U.C. Berkeley; PhD, The U. of Michigan. I am a
biophysicist, currently involved almost exclusively in
research on the origin and evolution of life.
I have lived in Ashland for a little over.7 years.
I have Previously canvassed for the OLCV on a very
broad range of environmental issues, for over two
years, covering the entire state of Oregon.
I served on the Board of the Northwest District
Association of Portland for about two years. My
principle concern was affordable housing, and trying
to dissuade gentrificatlon of that neighborhood. (Did
not succeed.) I attacked these issues at every level:
researched property values, demolition permits, etc.
(and found several irregularities), unearthed
historically very significant property (which was
, I11; I1 IJ
razed by an SOB developer before it could come to the
attention of the Landmarks Commission), chaired a
public forum on all this, wrote articles, picketed,
spearheaded civil disobedience (was never arrested,
for some reason), and suggested legislation to
Portland City Council.
I was also, for a brief while, Chair of the Public
Safety Committee. I called attention to the sale of
hard drugs in one of the local bars. I was a liason
with the Portland Police for their new community
policing program. I tried to initiate a pickup van
service for mentally ill homeless, who were habitually
getting into jams, to transport them to mental health
facilities, who were eager for this program.
I finally quit the Board in disillusion with its
yuppification and wimpiness. Do not know if the pickup
van service ever took.
If I were to be accepted for an H.C. position, my two
major aims would be
1 ) To greatly broaden the range of section 8 funded
housing in Ashland;
2) To help write a FAIR and EFFECTIVE rent control
ordinance, that is overseen in perpetuity by some
small appropriate group. If this is properly written,
it could serve as a landmark example throughout the US
(most other instances are seriously flawed), and be
very persuasive to the State Legislature to get off
their butts and repeal the primitive statewide BAN on
rent control.
Thanx For Your Attention,
-abc
CC: Alan DeBoer
CITY OF
SHLAND
Council Communication
Title:
Termination of a Public Utility Easement on 1322 Seena Lane
Dept:
Date:
Submitted By:
Reviewed By:
Approved By:
Synopsis:
Public Works Department
January 20, 2004
Paula Brown ~
Paul Nolte ~/~])
Gino Grimaldi ~Z
Approval of the attached quitclaim deed would terminate the City's interest in a public utility easement
located at 1322 Seena Lane (391E10BB Tax lot 405).
Fiscal Impact:
None.
Recommendation:
It is recommended that the Council approve a motion to approve the Mayor's signature of the attached
quitclaim deed terminating the City's interest in the public utility easement crossing tax lot 391E 10BB
405.
BackgroUnd:
The owners of 1322 Seena Lane have requested that an un-used public utility easement that was
established in 1988 be terminated.
The easement was created through a land partition which was recorded in Volume 8 Page 91 of the
Jackson County plat records. In 1988 the 20 foot wide public utility easement was established to
provide services to several lots which had access from Fordyce Street. In 1997 Seena Lane was created
and the lots in this area were reconfigured with access onto Seena Lane rather than Fordyce Street. City
mains were installed in Seena Lane and all services were provided from that location. The easement at
the south end of this lot is no longer needed and may now be vacated.
All affected utilities have been contacted and have voiced no objection to this easement termination.
Attachments:
Quitclaim Deed
Vicinity Map
Detail Map
\\COMPAQBDATA\GOV'~pub-wrks\adminkPB Council~Street Easement Terminations\CC Seena Lane PUE Termination I 04.doc
, Iii II I1
Grantor:
Grantee:
City of Ashland
Daniel T. Erchul &
Mary Krystine
Return Document to:
Daniel T. Erchul & Mary Krystine
287 Meadow Drive, Ashland, OR 97520
True and Actual Consideration: $0
Send Tax Statements to: Not Applicable
QUITCLAIM DEED
City of Ashland, Oregon, Grantor, releases and quitclaims to Daniel T. Erchul and Mary
Krystine, Grantees, all right, title and interest in and to that portion of the following
described real property lying within Parcel No. 2 of that land partition filed as Volume 8,
page 46 of the "records of partitions plats in Jackson County, Oregon:
A 20 foot wide public utility easement situated along the southerly boundary of Parcel
No. 2 of Partition Plat No. P-46-1997; and recorded in Volume 8, Page 46 of the
"Records of Partition Plats" in Jackson County Oregon. Said easement being further
described is being created on partition plat recorded in Volume 8, Page 91 or "Minor
Land Partitions" in Jackson County, Oregon.
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.
G:~pub-wrks\eng\dept-admin\ENGINEER\EASEMEN'lAErchul Krystine PUE quitclaim deed.doc
The true consideration for this conveyance is $1.00 plus other property or value which
may be a part of the consideration.
Dated this day of ., 2004.
Alan DeBoer, Mayor
State of Oregon
County of Jackson
Barbara Christensen, City Recorder
This instrument was acknowledged before me on ,2004, by Alan
DeBoer as Mayor of the City of Ashland, Oregon, and by Barbara Christensen as
Recorder of the City of Ashland, Oregon.
Notary Public for Oregon
My Commission expires:
G:~pub-wrks\eng\dept-admin\ENGINEER\EASEMENT~Erchul Krystine PUE quitclaim deed.doc
, mit I~ Il
,~$rSr OlO ~Nn 'AA
CITY OF
kSHLAND
Council Communication
Title:
Approval of Agreement No. 20939 - Transportation Enhancement
Project (Bikepath) Jackson Road to Laurel Street between the City of
Ashland and the Oregon Department of Transportation
Dept: Public Works Department
Date:
January 20, 20
Submitted By: Paula Bro
Reviewed By: Paul Nolte
Approved By: Gino Grimaldi
Synopsis:
The attached agreement provides ODOT grant funds, in an amount up to $580,000 to design and
construct a multi use bike path along the railroad easement from Jackson Road to Laurel Street. The City
requested the initial grant in February 2003 through the State Transportation Enhancement program (see
attached Council Communication for February 18, 2003). The project was approved by the Oregon
Transportation Commission this past summer and staff has been working on the final agreements and
project definition to meet the federal requirements since that time.
Recommendation:
It is recommended that Council approve Approval of Agreement No. 20939 - Transportation
Enhancement Project Jackson Road to Laurel Street between the City of Ashland and the Oregon
Department of Transportation, and the acknowledgement of the use of federal funds and all
requirements for the use of federal funds.
Fiscal Impact:
The estimated project cost is $740,000 for construction. The State will fund up to $580,000 with the City
providing a match of $228,000. 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 maintain the improvements upon completion of the project.
The City must also follow all federal requirements for bike/multi-use paths.
Background:
The North Ashland Multi-Use Path builds a connection for a separate bike/multi-use path from Hersey
Street at the Railroad tracks to Jackson Road. A railroad easement has been previously obtained along
the route.
Attachments:
~ Council Communication, February 18, 2003 (without attachments)
ODOT Agreement No. 20939 Local Agency Agreement; Transportation Enhancement Program
Project Jackson Road - Laurel Street
CC Apv ODOT bikepath agmt 20939 20Jan04
Page 1 of I
, ill ii I1
CITY Of
SHLAND
Council Communication
Title:
Dept:
Date:
Submitted By:
Reviewed By:
Approved By:
A Resolution Supporting the Oregon Department of Transportation,
Transportation Enhancement Grant Application in the amount of
$580,000 for Construction of the North Ashland Multi-Use Path.
Public Works Department
February 18, 2003
Paula Brown
Paul Nolte
Brian Almquist
Synopsis:
The attached grant application was submitted in response to the Oregon Department of
Transportation's request for Transportation Enhancement grants. The City has had the North
Ashland Multi-Use Path in the Capital Improvements program for the past few years, and staff from
both the Engineering and Planning departments determined that this was the best opportunity for
this year's grant application.
Recommendation:
Staff recommends the Council adopt the attached resolution Supporting the Oregon Department of
Transportation, Transportation Enhancement Grant Application in the amount of $580,000 for
Construction of the North Ashland Multi-Use Path.
Fiscal Impact:
Construction of the North Ashland Multi-Use Path from Hersey Street at the Railroad tracks to
Jackson Road is estimated to be $868,000. Of this, $228,000 is being funded by the developer along
the Billings Property, $60,000 is proposed as City funds from the Street SDCs, and the final
$580,000 is being requested through the grant. Long term maintenance will be the City's
responsibility and is estimated at $5,000 a year.
If the grant is not funded, a partial path will be constructed with the Billings development, but the
remaining connections will not be completed until grant funding or other sources of funds can be
secured.
Background:
The North Ashland Multi-Use Path builds a connection for a separate bike/multi-use path from
Hersey Street at the Railroad tracks to Jackson Road. A railroad easement has been previously
obtained along the route. The grant application is attached and has detailed project reference
information.
PB Council\CC ODOT TE Grant N AshlandBikepath Page 1 of I
Misc. Contracts & Agreements
No. 20939
LOCAL AGENCY AGREEMENT
TRANSPORTATION ENHANCEMENT PROGRAM PROJECT
JACKSON ROAD - LAUREL STREET
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, hereinafter referred to as "Agency".
RECITALS
1. Agency has jurisdiction and control of a trail corridor between Jackson Road and Laurel
Street through an easement purchased from Central Oregon and Pacific Railroad.
By the authority granted in ORS 190.110, 366.770, and 366.775, State may enter into
cooperative agreements with counties, cities, and local govemments 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.
Under provisions of the Transportation Equity Act of the 21't Century, (TEA-21) Oregon is
required to set aside federal funds for projects to address transportation enhancement
activities, hereafter referred to as Enhancement Funds.
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 said provisions, Agency plans and proposes to design and construct a shared-
use path adjacent to the Central Oregon and Pacific Railroad, from Jackson Road to
Laurel 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.
The Project shall be conducted as a part of the Transportation Enhancement Program
under Title 23, United States Code, which incorporated TEA-21. The total estimated
cost of the Project is $740,000. The estimated Enhancement funding is $580,000,
which is approximately 67 percent of the total Project cost. Agency shall be responsible
for the required match for the federal funds, plus $228,000 in additional matching funds,
any non-participating costs, and any portion of the Project that is not covered by federal
funding. Agency may satisfy up to $18,000 of its matching funds through a credit for
the value of real property previously acquired for the Project. This credit will be allowed
only upon approval by State's Right of Way office (Salem Headquarters) after review for
compliance with State's "Right-of-way Manual" and "Procedures for Donations and
Contributions.
Key #13262
t,..,'r [-z J
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Agreement No. 20939
3. The estimate for the total cost of the Project is subject to change.
ao
Agency is not guaranteed the use of unspent funds for a particular phase of work.
State will not release funds from any authorized phase of work for use on a
subsequent phase unless specifically requested by Agency and approved by State
before obligating funds on the subsequent phase.
bo
Agency must obtain prior approval from State's Transportation Enhancement
Program Manager to increase Enhancement funds by more than 10 percent for a
particular phase of work. Otherwise, Agency shall be responsible for all costs
exceeding 110% of the programmed Enhancement funding for that phase.
The term of this Agreement shall begin on the date all required signatures are obtained
and shall terminate on completion of the Project and final payment or ten calendar years
following the date all required signatures are obtained, whichever is sooner. The
attached Special Provisions may contain additional termination conditions.
5. This Agreement may be terminated by mutual written consent of both parties.
State may terminate this Agreement effective upon delivery of written notice to Agency,
or at such later date as may be established by State, under any of the following
conditions:
If Agency fails to provide services called for by this Agreement within
the time specified herein or any extension thereof.
bo
If Agency 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 Agency fails to provide payment of its share of the cost of the Project.
do
If State fails to receive funding, appropriations, limitations or other
expenditure authority at levels sufficient to pay for the work provided in
the Agreement.
e°
If Federal or state laws, regulations or guidelines are modified or
interpreted in such a way that either the work under this Agreement is
prohibited or State is prohibited .from paying for such work from the
planned funding source.
Any termination, of this Agreement shall not prejudice any rights or obligations accrued
to the parties prior to termination.
o
The Special and Standard Provisions attached hereto, marked Attachments 1 and 2,
respectively, are by this reference made a part hereof. The Standard Provisions apply
to all federal-aid projects and may be modified only by the Special Provisions. The
2
Agreement No. 20939
parties hereto mutually agree to the terms and conditions set forth in Attachments 1 and
2. In the event of a conflict, this Agreement shall control over the attachments, and
Attachment 1 shall control over Attachment 2.
Agency, as a recipient of federal funds, pursuant to this Agreement with the State, shall
assume sole liability for Agency's breach of any federal statutes, rules, program
requirements and grant provisions applicable to the federal funds, and shall, upon
Agency's breach of any such conditions that requires the State to return funds to the
Federal Highway Administration, hold harmless and indemnify the State for an amount
equal to the funds received under this Agreement; or if legal limitations apply to the
indemnification ability of Agency, the indemnification amount shall be the maximum
amount of funds available for expenditure, including any available contingency funds or
other available non-appropriated funds, up to the amount received under this
Agreement.
o
Agency shall enter into and execute this Agreement during a duly authorized session of
its City Council.
This Agreement and attached exhibits constitute the entire agreement between the
parties on the subject matter hereof. There are no understandings, agreements, or
representations, oral or written, not specified herein regarding this Agreement. No
waiver, consent, modification or change of terms of this Agreement shall bind either
party unless in writing and signed by both parties and all necessary approvals have
been obtained. Such waiver, consent, modification or change, if made, shall be
effective only in the specific instance and for the specific purpose given. The failure of
State to enforce any provision of this Agreement shall not constitute a waiver by State of
that or any other provision.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of
the day and year hereinafter written.
This Project was approved by the Oregon Transportation Commission on June 18, 2003. This
Project is in the 2002-2005 Statewide Transportation Improvement Program (Key No.13262) as
amended on August 28, 2003. The federal funding for this Project is contingent upon approval
by the FHWA. Any work performed prior to acceptance by FHWA will be considered
nonparticipating and paid for at Agency expense.
The Oregon Transportation Commission on June 18, 2003, 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.
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Agreement No. 20939
On September 6, 2002, the Director of the Oregon Department of Transportation approved
Subdelegation Order No. 2, in which the Director delegates authority to the Executive Deputy
Director for Highways to approve and execute agreements over $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
Its City Council
By
Date
By
Date
APPROVED AS TO LEGAL
By ~
Agency Attorney
Date
STATE OF OREGON, by and through
its Department of Transportation
By
Deputy Director, Highway Division
Date
By
Region 3 Manager
Date
APPROVAL RECOMMENDED
By
Technical Services Managed
Chief Engineer
Date
Agency Address:
Paula Brown, Public Works Director
City of Ashland
20 East Main Street
Ashland, OR 97520
APPROVED AS TO LEGAL SUFFICIENCY
By
Assistant Attorney General
Date
4
Jackson Rd. - N. Laurel St. (Ashland)
-- Project Area
Jackson Rd. - N. Laurel St. (Ashland)
Project Area
EXfIIBIT "A"
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Agreement No. 20939
EXHIBIT B
ACKNOWLEDGMENT OF FEDERAL ASSISTANCE
The property and assets under the jurisdiction of the City of Ashland were improved with
assistance from the United States Govemment under an agreement executed between Ashland
and the Oregon Department of Transportation dated Such
assistance was provided to Ashland in reimbursement of costs associated with a shared-use
path from Jackson Road to Laurel Street as part of the City of Ashland Bicycle Path
Connectivity Improvement Project.
The use and disposition of said property is subject to the terms of the above noted agreement,
copies of which may be obtained from the Director, Oregon Department of Transportation, 'and
is also subject to 49 CFR Part 18 which may be obtained from the Federal Highway
Administration, U.S. Department of Transportation, 400 7th Street, S.W., Washington D.C.
20590.
By:
Title:
SUBSCRIBED and SWORN to before me this
day of ,200_
NOTARY PUBLIC FOR OREGON
My commission expires:
5
Agreement No. 20939
ATTACHMENT NO. 1 TO AGREEMENT NO. 20939
SPECIAL PROVISIONS
o
The parties agree that this Agreement shall terminate if the funds for this Project are not
obligated for construction on or before March 31, 2007. Upon termination of this
Agreement, State may reassign any Transportation Enhancement funds not yet
obligated for the project and shall have no obligation to provide Transportation
Enhancement funds for any remaining phases of work.
Agency, or its consultant, shall conduct the necessary preliminary engineering and
design work required to produce final plans, specifications and cost estimates; purchase
all necessary right-of-way; obtain all required permits; arrange for all utility relocations or
reconstruction; perform all construction engineering, and contract administration,
including all required materials testing and quality documentation; and prepare
necessary documentation to allow State to make all contractor payments. Project plans
shall conform to the Oregon Highway Design Manual and the Oregon Bicycle and
Pedestrian Plan.
In the event that Agency elects to engage the services of a personal services consultant
to perform any work covered under this Agreement, Agency and Consultant shall enter
into a Personal Services Contract approved by State's Purchasing and Contracts Unit
Manager or designee (Salem). Said contract must be reviewed and approved by the
Purchasing and Contracts Unit Manager or designee prior to beginning any work. This
review includes, but is not limited to the Request for Proposal, Statement of Work,
advertisement and all contract documents. This review and approval is required to
ensure federal reimbursement.
State may make available Region 3's On-Call PE, Design and Construction Engineering
Services consultant for Local Agency Projects upon written request. If Agency chooses
to use said services, they agree to manage the work done by the consultant and make
funds available to the State for payment of those services. All eligible work shall be a
federally participating cost and included as part of the total cost of the project.
Agency guarantees the availability of Agency funding in an amount required to fully fund
Agenby's share of the Project. Prior to award of the contract, Agency shall provide State
it's share of the project cost upon' receipt of request from State. The Project cost is
defined as the Engineer's estimate plus 10%.
Agency shall, at its own expense, maintain and operate the Project upon completion and
throughout the useful life of the project at a minimum level that is consistent with normal
depreciation and/or service demand. State and Agency agree that the useful life of this
project is defined as 20 years. State may conduct periodic inspections during the life of
the Project to verify that Project is being propedy maintained and continues to serve the
purpose for which federal funds were provided.
Agency shall, upon completion of Project and as a condition to this Agreement,
complete and file with the appropriate County Clerk, an Acknowledgement of Federal
Assistance, which is attached hereto as Exhibit B, and by this reference is made a part
6
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Agreement No. 20939
hereof. Agency shall provide confirmation of this filing by forwarding to the Region 3
Manager a conformed copy of the recorded Exhibit B. By means of said
acknowledgment, a lien shall be established against said property and assets subject to
the satisfaction of Agency's financial obligations, the continued use of said property for
public purposes, and the maintenance of the facility of service at a level consistent with
normal depreciation and/or demand. State's interest in said property is proportional to
the federal and state .participation in Project. Agency will be ineligible to receive any
Transportation Enhancement funds and will be ineligible to receive funds from any
State-administered program for any work on the City of Ashland Bicycle Path
Improvement Project .while in default of conditions underlying the lien.
8. Maintenance responsibilities shall survive any termination of this Agreement.
7
Agreement No. 20939
ATTACHMENT NO. 2 TO AGREEMENT NO. 20939
STANDARD PROVISIONS
JOINT OBLIGATIONS
PROJECT ADMINISTRATION
State (ODOT) is acting to fulfill its responsibility to the Federal Highway Administration (FHWA) by
the administration of this project, and Agency hereby agrees that State shall have full authority to
carry out this administration. If requested by Agency or if deemed necessary by State in order to
meet its obligations to FHWA, State will further act for the Agency in other matters pertaining to the
project. State and Agency shall actively cooperate in fulfilling the requirements of the Oregon
Action Plan. Agency shall, if necessary, appoint and direct the activities of a Citizen's Advisory
Committee and/or Technical Advisory Committee, conduct a hearing and recommend the preferred
alternative. State and Agency shall each assign a liaison person to coordinate activities and assure
that the interests of both parties are considered during all phases of the project.
Any project that uses federal funds in project development is subject to plans, specifications and
estimates (PS&E) review and approval by FHWA or State acting for FHWA prior to advertisement
for bid proposals, regardless of the source of funding for construction.
PRELIMINARY & CONSTRUCTION ENGINEERING
State, Agency, or others may perform preliminary and construction engineering. If Agency or
others perform the engineering, State will monitor the work for conformance with FHWA rules and
regulations. In the event that Agency elects to engage the services of a personal service
consultant to perform any work covered by this agreement, Agency and Consultant shall enter into
a State reviewed and approved personal service contract process and resulting contract document.
State must concur in the contract prior to beginning any work. State's personal service contracting
process and resulting contract document will follow Title 23 Code of Federal Regulations (CFR)
172, Title 49 CFR 18, ORS 279.051, the current State Administrative Rules'and ODOT Personal
Services Contracting Procedures as approved by the Federal Highway Administration (FHWA).
Such personal service contract(s) shall contain a description of the work to be performed, a project
schedule, and the method of payment. Subcontracts shall contain all required provisions of Agency
as outlined in the agreement. No reimbursement shall be made using federal-aid funds for any
costs incurred by Agency or its consultant pdor to receiving authorization from State to proceed.
Any amendments to such contract(s) also require State's approval.
On all construction projects where State is the signatory party to the contract, and where Agency is.
doing the construction engineering and project management, Agency, subject to any limitations
imposed by State law and the Oregon Constitution, agrees to accept all responsibility, defend
lawsuits, indemnify and hold State harmless, for all tort claims, contract claims, or any other lawsuit
arising out of the contractor's work or Agency's Supervision of the project.
REQUIRED STATEMENT FOR USDOT FINANCIAL ASSISTANCE AGREEMENT
If as a condition of assistance the Agency has submitted and the US Department of Transportation
has approved a Disadvantaged Business Enterprise Affirmative Action Program which the Agency
agrees to carry out, this affirmative action program is incorporated into the financial assistance
agreement by reference. That program shall be treated as a legal obligation andfailure to carry out
Agreement No. 20939
its terms shall be treated as a violation of the financial assistance agreement. Upon notification to
the Agency of its failure to carry out the approved program, the US Department of Transportation
shall impose such sanctions as noted in Title 49, Code of Federal Regulations, Part 26, which
sanctions may include termination of the agreement or other measures that may affect the ability of
the Agency to obtain future US Department of Transportation financial assistance.
DBE Obligations. State and its contractor agrees to ensure that Disadvantaged Business
Enterprises as defined in 49 CFR 26 have the opportunity to participate in the performance of
contracts and subcontracts financed in whole or in part with Federal funds. In this regard, Agency
shall take all necessary and reasonable steps in accordance with 49 CFR 26 to ensure that
Disadvantaged Business Enterprises have the opportunity to compete for and perform contracts.
Neither State nor Agency and its contractors shall discriminate on the basis of race, color, national
odgin or sex in the award and performance of federally assisted contracts. The Agency shall carry
out applicable requirements of 49 CFR Part 26 in the award and administration of such contracts.
Failure by the Agency to carry out these requirements is a material breach of this contract, which
may result in the termination of this contract or such other remedy, as ODOT deems appropriate.
The DBE Policy Statement and Obligations shall be included in all subcontracts entered into under
this contract.
The Agency further agrees to comply with all applicable civil rights laws, rules and regulations,
including Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990
(ADA), and Titles VI and VII of the Civil Rights Act of 1964.
The parties hereto agree and understand that they will comply with all applicable federal, state, and
local laws, regulations, executive orders and ordinances applicable to the work including, but not
limited to, the provisions of ORS 279.312, 279.314, 279.316, 279.320 and 279.555, incorporated
herein by reference and made a part hereofi Title 49 CFR, Parts 26 and 90, Audits of State and
Local Governments; 49 CFR Parts 18 and 24; 23 CFR Part 771; Title 41, USC, Anti-Kickback Act;
Title 23, USC, Federal-Aid Highway Act; 42 USC, Uniform Relocation Assistance and Real
Property Acquisition Policy Act of 1970, as amended; provisions of Federal-Aid Policy Guide
(FAPG), Title 23 Code of Federal Regulations (23 CFR) 1.11,710, and 140; and the Oregon Action
Plan.
STATE OBLIGATIONS
PROJECT FUNDING REQUEST
State shall submit a project-funding request to the FHWA with a request for approval of federal-aid
participation in all engineering, right-of-way acquisition, eligible utility relocations and/or
construction work for the project. No work shall proceed on any activity in which federal-aid
participation is desired until such approval has been obtained. The program shall include
services to be provided by State, Agency, or others. State shall notify Agency in writing when
authorization to proceed has been received from the FHWA. Major responsibi!ity for the vadous
phases of the project will be as outlined in the Special Provisions. All work and records of such
work shall be in conformance with FHWA rules and regulations and the Oregon Action Plan.
Agreement No. 20939
FINANCE
10. State shall, in the first instance, pay all reimbursable costs of the project, submit all claims for
federal-aid participation to the FHWA in the normal manner and compile accurate cost accounting
records. Agency may request a statement of costs to date at any time by submitting a written
request. When the actual total cost of the project has been computed, State shall furnish Agency
with an itemized statement of final costs. Agency shall pay an amount which, when added to said
advance deposit and federal reimbursement payment, will equal 100 percent of the final total actual
cost. Any portion of deposits made in excess of the final total costs of project, minus federal
reimbursement, shall be released to Agency. The actual cost of services provided by State will be
charged to the project expenditure account(s) and will be included in the total cost of the project.
PROJECT ACTIVITIES
11. State shall, if the preliminary engineering work is performed by Agency or others, review and
process or .approve all environmental statements, preliminary and final plans, specifications and
cost estimates. State shall, if they prepare these documents, offer Agency the opportunity to
review and approve the documents prior to advertising for bids.
12. The party responsible for performing preliminary engineering for the project shall, as part of its
preliminary engineering costs, obtain all project related permits necessary for the construction of
said project. Said permits shall include, but are not limited to, access, utility, environmental,
construction, and approach permits. All pm-construction permits will be obtained pdor to
advertisement for construction.
13. State shall prepare contract and bidding documents, advertise for bid proposals, and award all
contracts.
14. Upon State's award of a construction contract, State shall perform independent assurance testing
in accordance with State and FHWA Standards, process and pay all contractor progress estimates,
check final quantities and costs, and oversee and provide intermittent inspection services during
the construction phase of the project.
15. The State shall, as a project expense, assign a liaison person to provide project monitoring as
needed throughout all phases of project activities (preliminary engineering, fight-of-way acquisition,
and construction). The liaison shall process reimbursement for federal participation costs.
RIGHT-OF-WAY
16. State is responsible for proper acquisition of the necessary right-of-way and easements for
construction and maintenance of the project. Agency may perform acquisition of the necessary
fight-of-way and easements for construction and maintenance of the project, provided Agency (or
Agency's consultant) are qualified to do such work as required by the ODOT Right of Way Manual
and have obtained prior approval from ODOT Region Right of Way office to do such work.
17. Regardless of who acquires or performs any of the right-of-way activities, a right;of-way services
agreement shall be created by ODOT Region Right of Way office setting forth the responsibilities
and activities to be accomplished by each party. State shall always be responsible for requesting
project funding, coordinating certification of the right-of-way, and providing oversight and
TI 11 111'
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Agreement No. 20939
monitoring. Funding authorization requests for federal right-of-way funds must be sent through the
Region Right of Way offices on all projects. All projects must have right-of-way certification
coordinated through Region Right of Way offices (even for projects where no federal funds were
used for right-of-way, but federal funds were used elsewhere on the project). Agency should
contact the Region Right of Way office for additional information or clarification.
18. State shall review all right-of-way activities engaged in by Agency to assure compliance with
applicable laws and regulations. Agency agrees that right-of-way activities shall be in accord with
the Uniform Relocation Assistance & Real Property Acquisition Policy Act of 1970, as amended,
ORS 281.060 and ORS Chapter 35, FHWA Federal Aid Policy Guide, State's Right of Way Manual
and the Code of Federal Regulations, Title 23, Part 710 and Title 49, Part 24.
19. If any real property purchased with federal-aid participation is no longer needed for the originally
authorized purpose, the disposition of such property shall be subject to applicable rules and
regulations, which are in effect at the time of disposition. Reimbursement to State and FHWA of
the required proportionate shares of the fair market value may be required.
20. Agency insures that all project right-of-way monumentation will be conducted in conformance with
ORS 209.150.
21. State and Agency grants each other authority to enter onto the other's right-of-way for the
performance of the project.
AGENCY OBLIGATIONS
FINANCE
22. Federal funds shall be applied toward project costs at the current federal-aid matching ratio,
unless otherwise agreed and allowable by law. Agency shall be responsible for the entire match
amount, unless otherwise agreed to and specified in the intergovernmental agreement.
23. Agency's estimated share and advance deposit.
Agency shall, pdor to commencement of the preliminary engineering and/or right-of-way
acquisition phases, deposit with State its estimated share of each phase. Exception may
be made in the case of projects where Agency has wdtten approval from the State to
use in-kind contributions rather than cash to satisfy all or part of the matching funds
requirement.
Bo
Agency's construction phase deposit shall be 110 percent of Agency's share of the
engineer's estimate and shall be received prior to award of the bid. Any additional
balance of the deposit, based on the actual bid must be received within 45 days of
receipt of written notification by the State of the final amount due, unless the contract is
canceled. Any unnecessary balance of a cash deposit, based on the actual bid, will be
refunded within 45 days of receipt by the State of the project sponsor's written requeSt.
Co
Pursuant to ORS 366.425, the advance deposit may be in the form of 1)money
deposited in the State Treasury (an option where a deposit is made in the Local
Government Investment Pool, and an Irrevocable Limited Power of Attorney is sent to
Agreement No. 20939
the Highway Finance Office), or 2) an Irrevocable Letter of Credit issued by a local bank
in the name of State, or 3) cash.
D. Agency may satisfy all or part of any matching funds requirements by use of in-kind
contributions rather than cash when prior written approval has been given by State.
24. If the estimated cost exceeds the total matched federal funds available, Agency shall deposit its
share of the required matching funds, plus 100 percent of all costs in excess of the total matched
federal funds. Agency shall also pay 100 percent of the cost of any item in which the FHWA will
not participate. If Agency has not repaid any non-participating cost, future allocations of federal
funds, or allocations of State Highway Trust Funds, to that Agency may be withheld to pay the
non-participating costs. If the State approves processes, procedures, or contract administration
outside the Local Agency Guidelines, that result in items being declared non-participating, those
items will not result in the withholding of Agency's future allocations of federal funds or the future
allocations of State Highway Trust Funds.
25. Costs incurred by the State and Agency for services performed in connection with any phase of
the project shall be charged to the project, unless otherwise mutually agreed upon.
26. If Agency makes a written request for the cancellation of a federal-aid project; Agency shall bear
100 percent of all costs as of the date of cancellation. If the State was the sole cause of the
cancellation, the State shall bear 100 percent of all costs incurred. If it-is determined that the
cancellation was caused by third parties or circumstances beyond the control of State or Agency,
Agency shall bear all development costs, whether incurred by the State or Agency, either directly or
through contract services, and the State shall bear any State administrative costs incurred. After
settlement of payments, State shall deliver surveys, maps, field notes, and all other data to Agency.
27.The requirements stated in the Single Audit Act must be followed by those local governments
receiving $300,000 or more in federal funds. The Single Audit Act of 1984, PL 98-502 as amended
by PL 104-156, described in "Office of Management and Budget Circular A-133", requires local
governments to obtain an audit that includes internal controls and compliance with federal laws and
regulations of all federally-funded programs in which the local agency participates. The cost of this
audit can be partially prorated to the federal program.
28. Additional deposits, if any, shall be made as needed upon request from the State. Requests for
additional deposits shall be accompanied by an itemized statement of expenditures and an
estimated cost to complete the project.
29. Agency shall ~present invoices for 100 percent of actual costs incurred by Agency on behalf of the
project directly to .State's Liaison Person for review and approval. Such invoices shall identify the
project and agreement number, and shall itemize and explain all expenses for which
reimbursement is claimed. Billings shall be presented for periods of not less than one-month
duration, based on actual expenses to date. All .billings received from Agency must be approved by
State's Liaison Person prior to payment. Agency's actual costs eligible for federal-aid or State
participation shall be those allowable under the provisions of FAPG, 23CFR 1.11,710, and 140.
Final billings shall be submitted to State for processing within three months from the end of each
funding phase as follows: 1) award date of a construction contract for preliminary engineering 2)
last payment for right-of-way acquisition and 3) third notification for construction. Partial billing
(progress payment) shall be submitted to State within three months from date that costs are
incurred. Final billings submitted after the three months may not be eligible for reimbursement.
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Agreement No. 20939
30. The cost records and accounts pertaining to work covered by this agreement are to be kept
available for inspection by representatives of State and the FHWA for a period of three (3) years
following the date of final voucher to FHWA. Copies of such records and accounts shall be made
available upon request. For real property and equipment, the retention period starts from the date
of disposition (49 CFR 18.42).
31. State shall request reimbursement, and Agency agrees to reimburse State, for federal-aid funds
distributed to Agency if any of the following events occur:
a) That right-of-way acquisition or actual construction of the facility for which
preliminary engineering is undertaken is not started by the close of the tenth fiscal
year following the fiscal year in which the federal-aid funds were authorized;
b) That right-of-way acquisition is undertaken utilizing federal-aid funds and actual
construction is not started by the close of the twentieth fiscal year following the
fiscal year in which the federal-aid funds were authorized for right-of-way
acquisition.
c) That construction proceeds after the project is determined to be ineligible for
federal-aid funding (e.g., no environmental approval, lacking permits, or other
reasons).
32. Agency shall maintain all project documentation in keeping with State and FHWA standards and
specifications. This shall include, but is not limited to, daily work records, quantity documentation,
matedal invoices and quality documentation, certificates of odgin, process control records, test
results, and inspection records to ensure that projects are completed in conformance with approved
plans and specifications.
RAILROADS
33. Agency shall follow State established policy and procedures when impacts occur on railroad
property. The policy and procedures are available through the appropriate Region contact or
Railroad & Utility Engineer. Only those costs allowable under 23 CFR 646B & 23 CFR 1401, shall
be included in the total project costs; all other costs associated with railroad work will be at the sole
expense of the Agency, or others. Agency may request State, in writing, to provide railroad
coordination and negotiations. However, the State is under no obligation to agree to perform said
duties.
UTILITIES
34. Agency shall cause to be relocated or reconstructed, all privately or publicly-owned utility conduits,
lines, poles, mains, pipes, and all other such facilities of every kind and nature where such
relocation or reconstruction is made necessary by the plans of the project in order to conform the
utilities and other facilities with the plans and the ultimate requirements of the project. Only those
utility relocations, which are eligible for federal aid participation under the FAPG, 23 CFR 645A, shall
be included in the total project costs; all other utility relocations shall be at the sole expense of the
Agency, or others. State will arrange for utility relocations/adjustments in areas lying within
jurisdiction of State, if State is performing the preliminary engineering. Agency may request State in
Agreement No. 20939
writing to arrange for utility relocations/adjustments lying within Agency jurisdiction, acting on behalf
of Agency. This request must be submitted no later than 21 weeks prior to bid let date. However,'
the State is under no obligation to agree to perform said duties.
35. Agency shall follow established State utility relocation policy and precedures. The policy and
precedures are available threugh the appropriate Region Utility Specialist or ODOT Right of Way
Section's Railroad and Utility Coordinator.
STANDARDS
36. Design standards for all projects on the National Highway System (NHS) and the Oregon State
Highway System shall be in compliance to standards specified in the current ODOT Highway
Design Manual and related references. Construction plans shall be in conformance with standard
practices of State for plans prepared by its own staff. All specifications for the project shall be in
substantial compliance with the most current "Oregon Standard Specifications for Highway
Construction".
37. Agency agrees that minimum design standards for non-NHS projects shall be recommended
AASHTO Standards and in accordance with the current "Oregon Bicycle and Pedestrian Plan",
unless otherwise requested by Agency and approved by State.
38. Agency agrees and will vedfy that the installation of traffic control devices shall meet the warrants
prescribed in the "Manual on Uniform Traffic Control Devices and Oregon Supplements".
39. All plans and specifications shall be developed in general conformance with the current "Contract
Road Plans Guide" and the current "Standard Specifications" and/or guidelines provided.
40. The standard unit of measurement for all aspects of the project will be System International (SI)
Units (metric). This includes, but is not limited to, r, ight-of-way, environmental documents, plans
and specifications, and utilities.
GRADE CHANGE LIABILITY
41. Agency, if a County, acknowledges the effect and scope of ORS 105.755 and agrees that all acts
necessary to complete construction of the project which may alter or change the grade of existing
county roads are being accomplished at the direct request of the County.
42. Agency, if a City, hereby accepts responsibility for all claims for damages from grade changes.
Approval of plans by State shall not subject State to liability under ORS 105.760 for change of
grade.
43. Agency, if a City, by execution of agreement, gives its consent as required by ORS 373.030(2) to
any and all changes of grade within the City limits, and gives its consent as required by ORS
373.050(1) to any and all closure of streets intersecting the highway, if any there be in connection
with or arising out of the project covered by the agreement.
Il ~ I11'
Agreement No. 20939
CONTRACTOR CLAIMS
44. Agency shall, to the extent permitted by State law, indemnify, hold harmless and provide legal
defense for the State against all claims brought by the contractor, or others resulting from Agency's
failure to comply with the terms of this agreement.
MAINTENANCE RESPONSIBILITIES
44. Agency shall, upon completion of construction, thereafter maintain and operate the project at its
own cost and expense, and in a manner satisfactory to State and the FHWA.
WORKERS" COMPENSATION COVERAGE
45. 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.
LOBBYING RESTRICTIONS
47..Agency certifies by signing the agreement that:
Ao
No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any Federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal contract,
the making of any Federal grant, the making of any Federal loan, the entedng into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification
of any Federal contract, grant, loan, or cooperative agreement.
Bo
If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any Federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
Co
The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subgrants, and contracts and subcontracts
under grants, subgrants, loans, and cooperative agreements) which exceed $100,000, and that
all such subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, US Code.
Any person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure.
Agreement No. 20939
Paragraphs 34, 35, and 45 are not applicable to any local agency on state highway projects.
For purposes of Exhibits B and C, references to Department shall mean ODOT, references to
Contractor shall mean Agency, and references to Contract shall mean Agreement.
EXHIBIT B (Local Agency or State Agency)
CONTRACTOR CERTIFICATION
Contractor certifies by signing this Contract that Contractor has not:
(a)
Employed or retained for a commission, percentage, brokerage, contingency fee or other
consideration, any firm or person (other than a bona fide employee working solely for me or
the above Contractor) to solicit or secure this Contract,
(b) agreed, as an express or implied condition for obtaining this Contract, to employ or retain the
services of any firm or person in connection with carrying out the Contract, or
paid or agreed to pay, to any firm, organization or person (other than a bona fide employee
working solely for me or the above Contractor), any fee, contribution, donation or
consideration of any kind for or in connection with, procuring or carrying out the Contract,
except as here expressly stated (if any):
Contractor further acknowledges that this certificate is to be furnished to the Federal Highway
Administration, and is subject to applicable State and Federal laws, both cdminal and civil.
DEPARTMENT OFFICIAL CERTIFICATION
Department official likewise certifies by signing this Contract that Contractor or his/her representative
has not been required directly or indirectly as an expression of implied condition in connection with
obtaining or carrying out this Contract to:
(a) Employ, retain or agree to employ or retain, any firm or person or
(b) pay or agree to pay, to any firm, person or organization, any fee, contribution, donation or
consideration of any kind except as here expressly stated (if any):
Department official further acknowledges this certificate is to be fumished to the Federal Highway
Administration, and is subject to applicable State and Federal laws, both criminal and civil.
T'I ~ 111'
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Agreement No. 20939
Exhibit C
Federal Provisions
Oregon Department of Transportation
I. CERTIFICATION OF NONINVOLVEMENT IN ANY DEBARMENT AND SUSPENSION
Contractor certifies by signing this Contract that to the best of its knowledge and belief, it and its
principal
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily
excluded from covered transactions by any Federal department or agency;
Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (federal, state or local) with commission of any of the offenses enumerated in paragraph
(1)(b) of this certification; and
3. Have not within a three-year period preceding this Contract had one or more public transactions
(federal, state or local) terminated for cause or default.
Where the Contractor is unable to certify to any of the statements in this certification, such prospective
participant shall submit a written explanation to Department.
List exceptions. For each exception noted, indicate to whom the exception applies, initiating agency,
and dates of action. If additional space is required, attach another page with the following heading:
Certification Exceptions continued, Contract Insert.
EXCEPTIONS:
Exceptions will not necessarily result in denial of award, but will be considered in determining
Contractor responsibility. Providing false information may result in criminal prosecution or
administrative sanctions.
The Contractor is advised that by signing this Contract, the Contractor is deemed to have signed this
certification.
II. INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND
OTHER RESPONSIBILITY MATTERS-PRIMARY COVERED TRANSACTIONS
By signing this Contract, the Contractor is providing the certification set out below.
The inability to provide the certification reqUired below will not necessarily result in denial of
participation in this covered transaction. The Contractor shall explain why he or she cannot
provide the certification set out below. This explanation will be considered in connection with
the Department determination to enter into this transaction. Failure to furnish an explanation
shall disqualify such person from participation in this transaction.
The certification in this clause is a material representation of fact upon which reliance was
placed when the Department determined to enter into this transaction. If it is later determined
that the Contractor knowingly rendered an erroneous certification, in addition to other remedies
Agreement No. 20939
available to the Federal Government or the Department may terminate this transaction for
cause of default.
The Contractor shall provide immediate written notice to the Department if at any time the
Contractor leams that its certification was erroneous when submitted or has become erroneous
by reason of changed circumstances.
The. terms "covered transaction", "debarred", "suspended", "ineligible", "lower tier covered
transaction", "participant", "person", "primary covered transaction", "principal", and "voluntarily
excluded", as used in this clause, have the meanings set out in the Definitions and Coverage
sections of the rules implementing Executive Order 12549. You may contact the Department's
Program Section (Tel. (503) 986-3400) to which this proposal is being submitted for assistance
in obtaining a copy of those regulations.
The Contractor agrees by entedng into this Contract that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier cov.ered transactions
with a person who is debarred, suspended, declared ineligible or voluntarily excluded from
participation in this covered transaction, unless authorized by the Department or agency
entering into this transaction.
7.
The Contractor further agrees by entering into this Contract that it will include the Addendum to
Form FHWA-1273 titled, "Appendix B--Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions", provided by the
Department entering into this covered transaction without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions.
A participant in a covered transaction may rely upon a certification of a prospective participant
in a lower tier covered transaction that it is not debarred, suspended, ineligible or voluntarily
excluded from the covered transaction, unless it knows that the certification is erroneous. A
participant may decide the method and frequency by which it determines the eligibility of its
principals. Each participant may, but is not required to, check the Nonprocurement List
published by the U. S. General Services Administration.
Nothing contained in the foregoing shall be construed to require establishment of a system of
records to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
10.
Except for transactions authorized under paragraph 6 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier. covered transaction with a person who is
suspended, debarred, ineligible or voluntarily excluded from participation in this transaction, in
addition to other remedies available to the Federal Government or the Department, the
Department may terminate this transaction for cause or default.
III. ADDENDUM TO FORM FHWA-1273, REQUIRED CONTRACT PROVISIONS
This certification applies to subcontractors, matedal suppliers, vendors, and other lower tier
participants.
· Appendix B of 49 CFR Part 29 -
TI n III'
Agreement No. 20939
Appendix B--Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary
Exclusion--Lower Tier Covered Transactions
Instructions for Certification
1. By signing and submitting this Contract, the prospective lower tier participant is providing the
certification set out below.
The certification in this clause is a material representation of fact upon which reliance was
placed when this transaction was entered into. If it is later determined that the prospective
lower tier participant knowingly rendered an erroneous certification, in addition to other
remedies available to the Federal Government, the department or agency with which this
transaction originated may pursue available remedies, including suspension and/or debarment.
The prospective lower tier participant shall provide immediate written notice to the person to
which this Contract is submitted if at any time the prospective lower tier participant learns that
its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
The terms "covered transaction", "debarred", "suspended", "ineligible", "lower tier covered
transaction", "participant", "person", "primary covered transaction", "principal", "proposal", and
"voluntarily excluded", as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549. You may contact the person
to which this Contract is submitted for assistance in obtaining a copy of those regulations.
¸5.
The prospective lower tier participant agrees by submitting this Contract that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible or voluntarily
excluded from participation in this covered transaction, unless authorized by the department or
'agency with which this transaction originated.
The prospective lower tier participant further agrees by submitting this Contract that it will
include this clause titled, "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion-Lower Tier Covered Transaction", without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions.
A participant in a covered transaction may rely upon a certification of a prospective patticip~r~t
in a lower tier covered transaction that it is not debarred, suspended, ineligible or voluntarily
excluded from the covered transaction, unless it knows that the certification is erroneous. A
participant may decide the method and frequency by which it determines the eligibility of its
principals. Each participant may, but is not required to, check the nonprocurement list.
Nothing contained in the foregoing shall be construed to require establishment of a system of
records to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
Agreement No. 20939
suspended, debarred, ineligible or voluntarily excluded from participation in this transaction, in
addition to other remedies available to the Federal Government, the department or agency with
which this transaction originated may pursue available remedies, including suspension and/or
debarment.
Certification Regarding Debarment, Suspension,
Exclusion--Lower Tier Covered Transactions
Ineligibility, and Voluntary
a. The prospective lower tier participant certifies, by entering into this Contract, that neither it
nor its principals is presently debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded from participation in this transaction by any Federal
department or agency.
b. Where the prospective lower tier participant is unable to certify to any of the statements in
this certification, such prospective participant shall submit a written explanation to
Department.
IV. EMPLOYMENT
Contractor warrants that he has not employed or retained any company or person, other than a
bona fide employee working solely for Contractor, to solicit or secure this Contract and that he
has not paid or agreed to pay any company or person, other than a bona fide employee working
solely for Contractors, any fee, commission, percentage, brokerage fee, gifts or any other
consideration contingent upon or resulting from the award or making of this Contract. For
breach or violation of this warranting, Department shall have the dght to annul this Contract
without liability or in its discretion to deduct from the Contract pdce or consideration or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or
contingent fee.
Contractor shall not engage, on a full or part-time basis or other basis, during the period of the
Contract, any professional or technical personnel who are or have been at any time during the
pedod of this Contract, in the employ of Department, except regularly retired employees,
without written consent of the public employer of such person.
Contractor agrees to perform consulting services with that standard of care, skill and diligence
normally provided by a professional in the performance of such consulting services on work
similar to that hereunder. Department shall be entitled to rely on the accuracy, competence,
and completeness of Contractor's services.
· V. NONDISCRIMINATION
During the performance of this Contract, Contractor, for himself, his assignees and successors in
interest, hereinafter referred to as Contractor, agrees as follows:
Compliance with Regulations. Contractor agrees to comply with Title VI of the Civil Rights Act
of 1964, and Section 162(a) of the Federal-Aid Highway Act of 1973 and the Civil Rights
Restoration Act of 1987. Contractor shall comply with the regulations of the Department of
Transportation relative to nondiscrimination in Federally assisted programs of the Department
of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended
,ltl Ii I1
Agreement No. 20939
o
from time to time (hereinafter referred to as the Regulations), which are incorporated by
reference and made a part of this Contract. Contractor, with regard to the work performed after
award and prior to completion of the Contract work, shall not discriminate on grounds of race,
creed, color, sex or national origin in the selection and retention of subcontractors, including
procurement of materials and leases of equipment. Contractor shall not participate either
directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including ·
employment practices, when the Contract covers a program set forth in Appendix B of the
Regulations.
Solicitation for Subcontractors, including Procurement of Materials and Equipment. In all
solicitations, either by competitive bidding or negotiations made by Contractor for work to be
performed under a subcontract, .including procurement of materials and equipment, each
potential subcontractor or supplier shall be notified by Contractor of Contractor's obligations
under this Contract and regulations relative to nondiscrimination on the grounds of race, creed,
color, sex or national origin.
Nondiscrimination in Employment (Title VII of the 1964 Civil Rights Act).
performance of this Contract, Contractor agrees as follows:
During the
Contractor will not discriminate against any employee or applicant for employment because
of race, creed, color, sex or national origin. Contractor will take affirmative action to ensure
that applicants are employed, and that employees are treated during employment, without
regard to their race, creed, color, sex or national odgin. Such action shall include, but not
be limited to the following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship. Contractor agrees to post in
conspicuous places, available to employees and applicants for employment, notice setting
forth the provisions of this nondiscrimination clause.
Contractor will, in all solicitations or advertisements for employees placed by or on behalf of
Contractor, state that all qualified applicants will receive consideration for employment
without regard to race, creed, color, sex or national odgin.
Information and Reports. Contractor will provide all information and reports required by the
Regulations or orders and instructions issued pursuant thereto, and will permit, access to his
books, records, accounts, other sources of information, and his facilities as may be determined
by Department or FHW^ as appropriate, and shall set forth what efforts he has made to obtain
the information.
Sanctions for Noncompliance. In the event of Contractor's noncompliance with the
nondiscrimination provisions of the Contract, Department shall impose such agreement
sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
a. Withholding of payments to Contractor under the agreement until Contractor complies;
and/or
b. Cancellation, termination or suspension of the agreement in whole or in part.
Incorporation of Provisions. Contractor will include the provisions of paragraphs 1 through 6 of
this section in every subcontract, including procurement of materials and leases of equipment,
Agreement No. 20939
unless exempt from Regulations, orders or instructions issued pursuant thereto. Contractor
shall take such action with respect to any subcontractor or procurement as Department or
FHWA may direct as a means of enforcing such provisions, including sanctions for
noncompliance; provided, however, that in the event Contractor becomes involved in .or is
threatened with litigation with a subcontractor or supplier as a result of such direction,
Department may, at its option, enter into such litigation to protect the interests of Department,
and, in addition, Contractor may request Department to enter into such litigation to protect the
interests of the State of Oregon.
VI. DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY
In accordance with Title 49, Code of Federal Regulations, Part 26, Contractor shall agree to abide
by and take all necessary and reasonable steps to comply with the following statement:
DBE POLICY STATEMENT
DBE Policy. It is the policy of the United States Department of Transportation (USDOT) to
practice nondiscrimination on the basis of race, color, sex and/or national origin in the award and
administration of USDOT assist contracts. Consequently, the DBE requirements of 49 CFR 26
apply to this Contract.
Required Statement For USDOT Financial Assistance Agreement. If as a condition of
assistance the Agency has submitted and the US Department of Transportation has approved a
Disadvantaged Business Enterprise Affirmative Action Program which the Agen.cy agrees to carry
out, this affirmative action program is incorporated into the financial assistance agreement by
reference.
DBE Obligations. The Department and its Contractor agree to ensure that Disadvantaged
Business Enterprises as defined in 49 CFR 26 have the opportunity to participate in the
performance of contracts and subcontracts financed in whole or in part with Federal funds. In this
regard, Contractor shall take all necessary and reasonable steps in accordance with 49 CFR 26 to
ensure that Disadvantaged Business Enterprises have the opportunity to compete for and perform
contracts. Neither Department nor its contractors shall discriminate on the basis of race, color,
national origin or sex in the award and performance of federally assisted contracts. The
Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and
administration of such contracts. Failure by the Contractor to carry out these requirements is a
material breach of this Contract, which may result in the termination of this Contract or such other
remedy as Department deems appropriate.
The DBE Policy Statement and Obligations' shall be included in all subcontracts entered into under
this Contract.
Records and Reports. Contractor shall provide monthly documentation to Department that it is
subcontracting with or purchasing materials from the DBEs identified to meet Contract goals.
Contractor shall notify Department and obtain its wdtten approval before replacing a DBE or
making any change in the DBE participation listed. If a DBE is unable to fulfill the odginal
obligation to the Contract, Contractor must demonstrate to Department the Affirmative Action
steps taken to replace the DBE with another DBE. Failure to do so will result in Withholding
payment on those items. The monthly documentation will not be required after the DBE goal
commitment is satisfactory to Department.
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Agreement No. 20939
Any DBE participation attained after the DBE goal has been satisfied should be reported to the
Departments.
DBE Definition. Only firms DBE certified by the State of Oregon, Department of Consumer &
Business Services, Office of Minority, Women & Emerging Small Business, may be utilized to
satisfy this obligation.
CONTRACTOR'S DBE CONTRACT GOAL
DBE GOAL 0 %
By signing this Contract, Contractor assures that good faith efforts have been made to meet the
goal for the DBE participation specified in the Contract for this project as required by ORS
200.045, and 49 CFR 26.53 and 49 CFR, Part 26, Appendix A.
VII. LOBBYING
The Contractor certifies, by signing this agreement to the best of his or her knowledge and belief,
that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for infldencing or attempting to influence an officer or employee of
any Federal agency, a Member of Congress, an officer or employee of Congress or an
employee of a Member of Congress in connection with the awarding of any Federal contract,
the making of any Federal grant, the making of any Federal loan, the entedng into of any
cooperative agreement, and the extension, continuation, renewal, amendment or modification
of any Federal contract, grant, loan or cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any Federal agency, a
Member of Congress, an officer or employee of Congress or an employee of a Member of
Congress in connection with this agreement, the undersigned shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
The Contractor also agrees by signing 'this agreement-that he or she shall require that the
language of this certification be included in all lower tier subagreements, which exceed $100,000
and that all such subrecipients shall certify and disclose accordingly.
FOR INQUIRY CONCERNING DEPARTMENT'S DBE PROGRAM REQUIREMENT
CONTACT OFFICE OF CIVIL RIGHTS AT (503) 986-4354.
CiTY OF
LAN D
Council Communication
Title:
Dept:
Date:
Submitted By:
Approved by:
Amendment To Outdoor Burning Ordinance
Ashland Fire & Rescue
January 20, 2004 ~~.
Keith E. Woodley, Fire Chief
Gino Grimaldi, City Administrator/~
Paul Nolte, City Attorney ~,
Synopsis:
Jackson County is amending their outdoor burning regulations to permit a two week burning period
immediately following the termination of fire season. To facilitate coordination in burning permit
issuance and regulation, and to reduce the potential for confusion within and between emergency 9-1-1
service areas, it is proposed that our outdoor burning ordinance also be amended. Additional
amendments to the open burning ordinance are intended to reduce city council and staff time required by
the annual review provision.
Recommendation:
Staff recommends that the Council approve for second reading the attached amendment to the outdoor
burning ordinance.
Fiscal Impact:
(not applicable)
Background:
In some past years, the fall burning period has been cancelled county-wide due to lingering fire seasons
and related dry, hazardous fire conditions. Jackson County plans to amend their county burning
ordinance to allow outdoor burning permits to be issued for a two week period following the conclusion
of fire season, if conditions are deemed safe for burning. It is important for the City of Ashland to
establish and maintain outdoor burning regulations that work in harmony with those in place in Jackson
County. This helps facilitate the coordination of permit issuance, enforcement activities and reduces the
potential for conflict in identifying and dispatching real emergencies. The current ordinance was written
to require an annual review by Council to monitor burning activity in consideration of achieving air
quality standards. The burning practices within the City have been in conformance with Jackson County
DEQ standards for several years now and are no longer a concern. It is proposed that the requirement for
annual review be eliminated from the ordinance.
TI n
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 10.30.020 OF THE ASHLAND
MUNICIPAL CODE TO SIMPLIFY THE ANNUAL CONSIDERATION OF
OUTDOOR BURNING REGULATIONS BY THE CITY COUNCIL
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
IAnnotated to show deletions and additions to the proposed ordinance as presented on
first reading. Deletions are ~ed-threug¢~ and additions are underlined.
SECTION 1. Section 10.30.020 of the Ashland Municipal Code is amended to' read:
A. After a permit is obtained from the Fire Chief, outdoor fires are authorized from
March 1 until fire season is declared, and for a period of two weeks immediately
following the termination of fire season,_when the ventilation index is over 400 and fire
fuel conditions are conducive to safely burning.
B. Outdoor fires are permitted on any day of the year the ventilation index is over
400 if fire fuel conditions are conducive to safely burning and the outdoor fire is for the
purpose of burning a structure or other use of fire for training purposes by the Fire
Department or under supervision of the Fire-Department;
C. Religious fires are permitted on any day of the year after notice of the specific
date to the Fire Chief and provided that all safety precautions required by the Fire Chief
are met.
D. Campfires in areas designated by the Park Commission are permitted in Lithia
Park on any day of the year except dudng pedods of extreme fire danger.
The foregoing ordinance was first read on the __ day of January, 2004,
and duly PASSED and ADOPTED this day of ,2004.
Barbara Chdstensen, City Recorder
SIGNED and APPROVED this __ day of
,2004.
R 'ewed~
~e, City Attorney
1 - Ordinance
13-04 .DOC
Alan W. DeBoer, Mayor
G:\legal\Mike\Draft Ordinances\Outdoor burning modifications #2 1-
CITY OF
SHLAND
Council Communication
TITLE:
DEPT:
DATE:
SUBMITTED BY:
APPROVED BY:
Synopsis:
Resolution Authorizing the Financing of Capital Costs associated with
Constructing a Hangar at the Ashland Municipal Airport
Finance Department
January 20, 2004
Lee Tuneberg, Finance Director
Gino Grimaldi, City Administrator
Attached is a resolution authorizing staff to enter into a loan agreement with the bank that provides the
quote and terms most attractive to the City for constructing a fourteen-plane, nest-configured T-hangar
at the Ashland Municipal Airport. There are four banks preparing loan proposals for this project.
The determination of which lender to use will be made by the City of Ashland Finance Director and will
take into consideration the calculation of the tree interest cost (TIC), loan fees and flexibility of terms
afforded by the proposals received.
Recommendation:
Staff recommends approval of this resolution.
Fiscal Impact:
This project is included in the Capital Improvements Program for construction in FY 2003-04 and was
originally for eleven hangars. Actual construction plans allowed adding 3 more hangars that will help to
further meet demand for hangars and shorten the length of time needed to pay off the loan. The rental
rates will be structured to assure annual debt service payments are met over the life of the loan however
the City's full faith and credit will also be pledged to garner good interest rates.
With 14 spaces to lease and the estimated payback of the loan is approximately 15 years even when
anticipating some vacant spaces each year between leases as someone from the waiting list transitions to
the space.
Background:
The proposed loan is for an amount not to exceed $400,000 including all related loan fees and costs of
financing. It is being classified as taxable, not tax-exempt. Taxable borrowings generally carry a higher
interest rate but arc required when thc Project wit1 provide a benefit to someone other than the City. In
this case, parking private planes in a municipally owned building, even while making rental payments,
benefits private parties and disqualifies the tax-exempt financing ability. The estimated rate for this
taxable financing is less than 7% and may bc adjustable during the life of thc loan.
. I[ [[ I1
The loan will include all fees for borrowing and the final amount will be brought back to Council as part
of a Supplemental Budget in February.
The initial estimate for construction of the structure was $225,000 however the total cost of
improvements including permits, water lines and hydrants is approximately $350,000. Bids for the
project were received in December but clarification of cost and specifications are now being finalized.
Approving the resolution will allow the City to finance and build new hangars providing increased
service at the airport. There currently is a waiting list for hangar space for new aircraft or from those
parked in the open.
RESOLUTION NO. 2004-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND,
OREGON, AUTHORIZING THE FINANCING OF CAPITAL COSTS
ASSOCIATED WITH CONSTRUCTING A HANGAR AT THE ASHLAND
MUNICIPAL AIRPORT
Recitals:
The City Council finds as follows:
A. The City wishes to finance costs of constructing a fourteen-airplane, nest-
configured T-hangar building at the Ashland Municipal Airport (the "Project").
B. The City is authorized by ORS 271.390 to enter into financing agreements in
order to finance the cost of any real or personal property that the City determines is
needed.
C. The Project is needed to provide services for the City and its citizens.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
Section 1. Loan Aqreement Authorized. The City is authorized to enter into a loan
agreement in an aggregate principal amount of not more than $400,000 (the "Loan
Agreement"). Loan proceeds shall be used to finance the Project and related expenses
and pay costs associated with the Loan Agreement. The Finance Director, the City
Administrator or the designee of the Finance Director or the City Administrator (any one
or which is described as the "City Official"), on behalf of the City and without further
action by the City Council, may:
1.1. accept the most desirable bank proposal to fund the Loan Agreement,
negotiate the terms of the Loan Agreement, and execute the Loan Agreement in an
aggregate principal amount of not more than $400,000;
1.2. execute and deliver a note reflecting the City's obligation to make the
payments due under the Loan Agreement:
1.3. provide that interest payable under the Loan Agreement will be includable in
gross under the Internal Revenue Code of 1986, as amended (the "Code");
1.4. execute and deliver any other certificates or documents and take any other
actions which the City Official determines are desirable to finance the Project with the
Loan Agreement in accordance with this resolution.
Section 2. Security. The City Official may pledge the City's full faith and credit and
taxing power within the limitations of Sections 11 and 1 lb of Article XI of the Oregon
Constitution, and any and all of the City's legally available funds, to make the payments
1- Resolution
H:~FINANCE~RESOLUTION - AJRPORT T-HANGAR 2003-04.DOC
]1 11 '11'
,It, ii It
due under the Loan Agreements.
Section 4. Effective Date. This resolution takes effect upon signing by the Mayor.
This resolution was read by title only in accordance with Ashland Municipal Code
§2.04.090 duly PASSED and ADOPTED this 20th day of January, 2004.
Barbara Christensen, City Recorder
SIGNED and APPROVED this 20th day of January, 2004.
Reviewed as to form:
Paul Nolte, City Attorney
Alan W. DeBoer, Mayor
2- Resolution H:~FINANCE~.RESOLUTION - AIRPORT T-HANGAR 2003-04.DOC