HomeMy WebLinkAbout2006-0117 Council Mtg Packet
Barbara Christenson
City Recorder
CITY OF
ASHLAND
Council Meeting Packet
Important: Any citizen attending council meetings may speak on any item on the agenda, unless it is the
subj~ct ofa public hearing, which has been closed. The Public Forum is the time to speak on any subject not
on'th'e printed agenda. If you' wish to speak; please fill out the Speaker Request form 10'cafed' nearlf'te
entrance to the Council Chambers. The chair will recognize you and inform you as to the amount of
time allotted to you. The time granted will be dependent to some extent on the nature of the item under
discussion, the number of people who wish to be heard, and the length of the agenda.
AGENDA FOR THE SPECIAL MEETING
ASHLAND CITY COUNCIL
January 17, 2006
Civic Center Council Chambers
1175 E. Main Street
7:00 p.m. Regular Meeting
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. APPROVAL OF MINUTES [5 minutes]
1. Regular Council Meeting Minutes of January 3, 2006
V. SPECIAL PRESENTATIONS & AWARDS
1. Housing Commission Annual Presentation [10 Minutes)
VI. CONSENT AGENDA [5 minutes)
1. Minutes of Boards, Commissions, and Committees
2. Appointment to Plal"ning Commission
VII. PUBLIC HEARINGS (Testimony limited to 5 minutes per speaker, unless it is the subject of a
Land Use Appeal. All hearings must conclude by 9:00 p.m., be continued to a subsequent
meeting, or be extended to 9:30 p.m. by a two-thir cil {AMC ~2.04.040})
1. Public hearing and first reading by title only "An Ordinance acating an Unopened
Public Alley" [10 Minutes) -
"1'2. Public hearing and first reading by title only f "A Resolution pting a Supplemental
Budget.Establishing Appropriations Within the 20 - Budget" [10 Minutes)
VIII. 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.) [15 minutes maximum)
IX. UNFINISHED BUSINESS
1. Future Study Session Topics [30 Minutes)
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X. NEW AND MISCELLANEOUS BUSINESS
1. Request by the Ashland Housing Commission to Expand Their Powers and Duties to
Include Review of Current Planning Applications That Contain Affordable Housing
[30 Minutes]
2. Council Chair Election [10 Minutes]
\13. Approval of Public Contract Greater than $75,000 - QWEST, Internet Bandwidth
[20 Minutes]
v' 4. Ratification of New Agreement with the IBEW Electrical Workers Union [10 Minutes] [
5. Approval of a Public Works Construction Contract in Excess of $75,000 - Miscellaneous
Concrete Construction Project 04-04 [10 Minutes]
6. Approval of a Public Works Construction Contract in Excess of $75,000 - 2005 Utility
Construction Project No. 04-07 [5 Minutes]
XI.
XII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
XIII. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-
2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I).
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MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
January 3,2006
Civic Center Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Morrison called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilors Hardesty, Amarotico, Hartzell, Jackson, Silbiger and Chapman were present.
MAYOR'S ANNUAL ADDRESS
Mayor read aloud "The State of the City." (Complete statement submitted into the public record)
Mayor commended staff for their efforts in regards to flood control this past week.
APPROVAL OF MINUTES
The minutes of the Executive Session Meeting of December 20, 2005 and the Regular Council Meeting of
December 20,2005 were approved as presented.
SPECIAL PRESENTATIONS & AWARDS
Mayor's Proclamation of January 7 as "Christmas Tree Recycle Day in Ashland" was read aloud.
CONSENT AGENDA
1. Minutes of Boards, Commissions, and Committees.
Councilor Hartzell/Jackson m/s to approve the Consent Agenda. Voice Vote: all AYES. Motion passed.
PUBLIC HEARINGS None
PUBLIC FORUM
Ruth Miller/758 B StreetiRequested that her time be given to Philip Lang.
Philip Lang/758 B Street/Spoke in regards to the need for Affordable Housing in our community. Mr. Lang
submitted written statement that included a request to the council that they make a conscience choice for
Affordable Housing. He offered two alternatives: 1) Declare openly that affordable housing is not wanted or
desired in Ashland; and 2) Declare that affordable housing or the lack thereof is at a crisis point, and that it is
necessary, and that the council and Mayor order and demand implementation of actions by staff that will
produce affordable housing. (Complete written statement submitted into the public record)
Art Bullockl791 Glendower/Spoke regarding upcoming issues for the year 2006 and stated that this would be
an important year to define good government in Ashland. Mr. Bullock commented on the charter amendments
and the charter review process, citizen ballot initiatives, and AFN. He stated that the City Council has a
staggering list of problems and that the Council's inaction has led to a series of ballot initiatives that would
allow the voters to resolve these issues.
UNFINISHED BUSINESS None
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NEW AND MISCELLANEOUS BUSINESS
1. Future Study Session Topics
City Administrator Gino Grimaldi brought to the attention of the council the number of Study Session topics
that are scheduled and requested direction from the council. It was suggested that council provide guidance to
staff on the priority of these topics. Council requested further information from staff on these topics in order to
set priority.
Council continued to discuss the following Study Session topics:
. Renewable Resource Purchase/Community Solar Project - Councilor/staff driven, Federal money that
will be available in April, descrete conservation project that would allow more property owners to
participate in.
. Discussion of purchase of property north of RR District - Is time senstitive due to the potential of
another party purchasing this property.
. Review of Local Improvement District (LID) process - LID's are being held off until this process is
discussed, deferring until the Public Works Director returns in May 2006.
. SDC Review - Has been a long time since SDC's have been reviewed, consultants have completed
their study.
. Chamber Sustainability Presentation - Part of the Council's goal, need complete understanding of
what the Chambers Sustainability Committee is doing. Clarified that this would be a different report
from the report regarding Grant monies received. Suggestion that this be part of working on the
Economic Plan.
. Discussion of Ordinance regarding ethics - Noted that legal has been working on this and requests
councils direction, clarified that there is no specific time line for the proposed Charter amendments,
legal recommended that a simple statement within the Charter that allows for review of the Charter.
Finance Director Lee Tuneberg advised that the Budget Committee meeting schedule is being worked on
and that these meetings begin in early April.
. Support of cultural and arts activities - Items are from the "parking lot" list of the 2004-05 Goal
Setting. Request to switch this item with the LID item was made. Mr. Grimaldi clarified that this may
have budget implications and is why it was scheduled the way presented.
. Review and Evaluate City Boards and Commissions
. Homeless Issues - Community forums
. Discussion of F&B/TOT Collection Taxes process - Discuss the necessity for more aggressive
collection procedure. Finance Director Lee Tuneberg addressed the possibility of combining this topic
with the SDC topic. Mr. Tuneberg clarified that it would be the consultant that would make the
presentation to the council on SDC's.
. Evaluate TTPC Plan and Select Priorities -- Existing Council goal, items that could be implemented.
Hartzell commented that it would have been helpful to have had the current Council Goals as an informational
tool. She stated that the topic "Study and adopt a funding plan for Open Space Fund and Housing Trust Fund"
was important to her and should be prioritized.
Jackson requested that there be a discussion regarding Council procedures as a Study Session Topic. She also
noted "growth versus infill" and the need to discuss this. Ms. Jackson felt that it would be helpful to hold
discussion on the Transportation Plan and transporation planning. Mr. Grimaldi noted that staff had been
planning to hold a Study Session on this topic in the Fall of 2006. Mayor noted that this topic has some
momemtum at this time and it may be prudent to discuss our policies in regards to growth and infill.
Hartzell requested discussion regarding the number of meetings that are being scheduled for the council and
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the need to allow time for items that may arise that need immediate attention. Mr. Grimaldi clarified that the
schedule is a fluid schedule and is constantly changing. Council continued discussion on how Special
meetings are scheduled compared to Study Sessions, in particular interest towards the decision regarding
Ashland Fiber Network.
Suggestion was made to combine the discussion of purchase of RR property with the February 9 Study
Session, but it was clarified that this may not be possible given that DEQ may not have the expected
information needed for this meeting.
Jackson's preference for the Study Sessions is to leave them the way they are with the exception of the
discussion on LID's and review/evaluate City Boards and Commissions.
Silbiger requested that the discussion regarding ethics be moved up.
Mr. Grimaldi reiterated what the Council discussed in regards to prioritizing discussion items and adding
topics, which include council process and growth/infill.
Jackson commented on how Planning Commissioners are going out into the public and holding forums which
cause council concerns. Mayor requested further information regarding what type of meetings are being held
by these two Planning Commissioners. Noted the importance of informing the public in a larger way when
representing the community.
Hartzell noted the amount of volunteers that worked on the TCCP and requested that this be prioritzed sooner
along with collection of taxes and the SDC review. Mr. Grimaldi reminded the council that the schedule relied
on staff availability. City Attorney Mike Franell explained that collection of Food & Beverage Tax issue is
that there are three or four vendors that have outstanding judgements that need to be taken further for
collection purposes. Suggested that this could be dealt with in a regular meeting of the council.
Staff will return with a revised Study Session schedule for the council to discuss.
Council discussed LID's and the need to move forward on LID's.
Amarotico requested that council discuss the dates and times of meetings for Study Sessions.
Hartzell commented that the Renewable Resource discussion topic may meet the council's need through a
report from staff.
ORDINANCES, RESOLUTIONS AND CONTRACTS None
OTHER BUSINESS FROM COUNCIL MEMBERS
Mayor noted an email he received in regards to loose animals and requested the council's direction on this
topic. Mayor made a public announcement in regards to the safety issues regarding animals that are allowed to
roam free. Suggestion was made to place an article in the City Source as an informational tool.
Hartzell commented on a request from the public in regards to the length of leashes that are used on pets.
Mayor shared his thoughts on the topic of hiring a Community Development Director. He felt that it would be
best to wait until the new City Administrator is hired before making a selection for the Community
_ Development Director. He noted the amount of work that is involved in doing a search. It was clarified that
the closing for applications for the City Administrator position is January 31 and interviewing by the end of
March. Concern was voiced that there are many issues being held off in the Planning Department due to the
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vacancy of the Director position.
Mr. Grimaldi stated their options, which includes a possible re-organization within the structure; and noted
other issues that relate to the hiring of a Planning Director. He suggested focusing on filling a vacant planner
position. Hartzell requested that staff continue exploring the option of hiring a contractor and stated that she
would also like a copy of the Consumer Confidence report. Mr. Grimaldi stated that the report would be
available upon completion.
ADJOURNMENT
Meeting was adjourned at 9:25 p.m.
Barbara Christensen, City Recorder
John W. Morrison, Mayor
CITY OF
ASHLAND
Council Communication
Housing Commission Annual Presentation
Meeting Date: January 17, 2006
Department: Community Devel ent
Contributing Departments: none
Approval: Gino Grimaldi
Primary Staff Contact: Brandon Go~
E-mail: qoldmanb@ashland.or.us~ .
Secondary Staff Contact: Bill Molnar
E-mail: mOlnarb@ashland.or.~~~
Estimated Time: 10 Minutes
Statement:
The Ashland Housing Commission would like to take this opportunity to provide its annual update to the Council and make
the Councilors aware of activities identified for the 2006 calendar year. Additionally the Housing Commission and Housing
Program Specialist will provide an update of trends regarding housing affordability in Ashland and the region.
Background:
The Housing Commission is established Resolution 95-25, which was last updated by Resolution 96-18. The Commission
consists of nine voting members, one of whom is a City Councilor, and one non-voting ex-officio member who shall be the
City Housing Officer. The Housing Commission is charged with developing and recommending coordinated housing and
supportive service programs, review and provide recommendations of Community Development Block Grant allocations,
investigate funding for implementation of city housing programs, oversee the compilation of information of the City's housing
supply and afford ability, to act in an advisory capacity to the City Council regarding housing and related issues. Lastly the
Housing Commission works in an educational capacity to foster public knowledge and support of official city housing
programs and a broader understanding of the issues related to housing affordablilty.
Related City Policies:
Ashland Comprehensive Plan, Housing Element
Housing Action Plan (2002)
Housing Needs Analysis (2002)
Council Options:
For information only.
Attachments:
Housing Commission goals 2006
Power point presentation handouts
rA'
Housing Action Plan Goals Housing Commission 06' Goals (Items not identified in the
Action Plan)
Goal1-Funding Land Acquisition
A. Facilitate the Process of applying for funds by Non-
Profits (ongoing) Vacant / Developable
B. Form Housing Trust Fund Existing -Developed (including Vulnerable Properties)
C. Develop long term Funding Sources Vulnerable Properties
D. Convene Employers group to develop employer
assistance approaches (Complete/ongoing) Ordinance Development to protect vulnerable properties
Goal 2 -Reduce Development and Operating
Costs - Manufactured Dwelling Parks, Condo Conversions, HUD properties
A 1. SDC Deferral (Complete by He) Land Use
A2. Limit SDC waiver total Modifv Big Box Ordinance to promote affordable Housing
81. Reduce Planning, Utility fees Establish Higher Density Multifamily zoning type
B2. Determine annual limit of fees waived Increase Density Bonus for Affordable Housing
Goal 3 -Land Use Conditionally allow ARUs in MFR zones
A 1.ldentify Land for rezoning Reduce Parking Requirements for affordable housing near transit
A2. Identify target (city owned) site for vertical housing Program Development and Review
A3. Feasibility of UGB amendment Review Rental Assistance Program
B. Restrict Single Family in Multifamily zones Review Down Payment Program
C.1 ARUs as permitted use in Single Family zones Improve monitoring of units regulated under the Ashland Affordable Housing
Program
C.2 Reduce maximum lot size coverage requirements. Document lessons from Lithia lot RFP, evaluation, and negotiation
D.Allowor Require a percentage of small lots in new Planning Review Process
subdivisions.
Goal 4 .Preserve and Create Affordable Housing Current Projects
A. Work with non-profits (long range) Code review and amendments
B. Require long term affordability for fee waivers (IE 30 Inventories and Research
years) (complete by HC)
Goal 5 -Develop organizational Capacity Buildable Lands Inventory (complete)
A Create Housing Coordinator Position (complete) Multifamily unit counts
Goal 6 Build Understanding and Support Rental Needs Assessment
A. Public information program (Education ongoing) Education and Outreach
Employer Assisted Housing Workshop (comolete)
Tax Credit WorkshoD (or other topic)
Development of Presentation and informational materials, brochures,
powerpoints, visuals)
Present to various groups, boards and commissions, Realtors, landlords,
fraternal orgs, chamber etc)
Establish Iiasons to regional housing groups including Medford Housing
Commission, JCHousing Coalition, SO Housing Resource Center
HOUSING COMMISSION GOALS 2008
Ashland's
Housing
Needs
Providing for the housing needs of Ashland's Workforce
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The terms "workforce", "affordable", "family",
"subsidized" and "low-income" housing are
often used interchangeably.
rtl. ,
Although there is
considerable overlap
between the terms, each
is intended to identify a
distinct type of housing.
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Workforce Housing
Work-force housing commonly refers to housing intended to
bridge the gap facing those gainfully employed residents that may
earn too much to qualify for affordable housing subsidies, but not
enough to afford a home for purchase, or an apartment within their
means.
Such "workforce" housing can be
targeted to low, medium or
moderate income households
including as nurses, teachers, police
and others depending on the
community needs.
SHE CAN SAVE YOUR LIFE
But She Can't Be Your
Neighbor
~~,
Affordable Housing:
This term refers to a households' ability to find
housing within their financial means. Households
that spend more than 30% of their income on
housing and certain utilities are considered to
experience cost burden. This term applies to all
income levels.
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Family Housing:
Although families come in various configurations,
the term "family housing" typically is used to
refer to housing occupied by households with
children. As families have various incomes this
type of housing also targets households of all
income ranges.
~~,
Subsidized housing
This type of housing is made affordable bY' the
addition of Federal, State, local or private funds.
This "subsidy" buys down the cost of the home for
the occupant. Subsidized housing is typically
targeted to low-income households, however in
some expensive markets subsidies have been used
for moderate income households as well.
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This term refers to housing reserved for "low-income" households. HUD
considers a household low-income if it eams 80% or less of median
family income. In short, low-income housing is targeted at households
that eam 80% or less of median family income. In Ashland a family of
four earning less than $41,700 qualifies as low income.
Income Limits by Family Size: $Jyear
*For the Medford-Aahl~ Statistic-' ArM.. determined by the Department d Houalng .nd Urban D.....opment
2005-2006
Income level Number of Persons in Famitv
Category
1 2 3 4 5 6 7 8+
Extremely Low Income (30%) ''''''' 12500 1<050 150.. 1llOOO 18150 10400 200..
.Y Low Income (50%) 182.. 200.. 234.. 2<lO5O 28150 30200 32300 """"
ncome at 60% of Median 21000 25020 281.0 moo 33780 30240 38780 41280
eM ,....... (llO%l 20.200 333.. 37500 41700 "'lOO ...... 51700 .-
Median Income (100%) 38500 41700 .....,., 52100 50300 00400 """'" oeeoo
ncome at 120% of Median 43800 50040 50280 112520 moo 72480 77520 I_
ncome at 130% of Median 47450 54210 """7. 117730 73100 71520 1301. .....
r.i. ,
Hourly Annual
Income Level Walle Walle Sample Occupations
Minimum $6.50 $13,559 Service station attendant,
Wage temporary work, convenience store
clerk, dishwasher
30% of MFI $5.81 $12,120 Fast food cooks. dining room
attendants, service station
attendants
50% of MFI $9.68 $20,200 Retail clerks, home health aides,
electronic assemblers, carpenters
80% of MFI $15.49 $32,320 Electronic engineering tech, real
estate sales/broker, accountants
120% of MFI $23.24 $48,480 Physician, Attorneys, Dentists,
Professors. EnQineers
2001 Aahl.-.d Housing Needs Analysis
Given Ashland's high cost of housing, the median home purchase ($439,000)
would require a household income of over $127,787 per year, assuming no debt
and a $20,000 down-payment.
With a down payment of $120,000 (equity transfer) that household would have to
earn just over $100,000 annually to qualify for a conventional loan of $319,000.
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$400,000
$350,000
$300,000
$250,000
YEAR
#'
o Median Income (family of 4)
o Median Purehaaing Power
o Median Home Price
12% earn
$7.50 per hour
(minimum
wage) or less
50% eam more
than $19.42 per
hour (the
"median"
income)
13% earn
between
minimum wage
and $9.70
17% eam
between $9.70
and $15.50 per
hour
8% earn between
15.50 and
$19.42 per hour
-5
Regional Housing Cost Surpass Ashland's
2000 Average
Average Sales Price on Resale Properties
-
-
-
--
--
-
-
..-
-
-
-
- - -
CenlralPoinl
En''''-dbrd
Jacbomtlle ____Phoenix 'Talenl
~....
..-.
Proiects comDleted since Januarv 2004
06 rental units (perpetually affordable) completed by ACL T
03 ownership units (20yr) Park and Siskiyou -Parkplace Condominiums
02 rental units (20yr) 232 & 234 Grant Street -Hillview Condominiums
01 ownership units (20yr) 315 Beach Street
02 rental units (perpetually affordable) acquired by ACL T with CDBG funds
03 ownership units 2 @20 year, 1 perpetually affordable) 290 Patterson, 321
Hersey, and 311 Hersey -completed by RVCDC, one purchased through ACL T
A total 17 affordable units were created and occupied by low-income
households in 2004-2005
~.1a 1
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New Units eXDected in 2006
Includes only those units currently approved or in process and required to be affordable
due to land use requirements (zone-change. annexation and condominium conversions)
or financing (Community Development Block Grants, USDA Self-Help).
.....6 units: Clay Street annexation (Old Buds Dairy) -project approved
.....2 ownership units: Fordyce Co-Housing - project approved
.....2 ownership units: Condominium conversion - Siskiyou and Glendale - project approved
.....8 rental units: Ashland St. and Clay - project approved
.....4 rental units: Ashland Street (Lower Pines site) project approved
.....17 units: Clay Street annexation (10 acre) - pending annexation approval
.....15 ownership units: RVCDC Siskiyou Self Help Project - Project funded and has received
planning approval for g of the 15 units.
.....
r_~
Total Pending = 54 new affordable units
.An affordable unit within a mixed income neighborhood, smaller than most but no
less attractive.
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-An affordable unil within a mixed income neighborhood
.... 1111
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-An affordable unit within a mixed income neighborhood
~.1a 1
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......
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oTwo of the four units pictured (Chataqua Trace) remain affordable to low income
households, while their identical counterparts have continued to rise in yalue out of
the reach of most first time homebuyers.
oSix new low~ncome apartments located across from Garfield Pari\. Complied with
Ashland's rigid site design and use standards and met the base density of this High density
zone (R-3).
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CITY OF
ASHLAND
Ashland Tree Commission
Regular Meeting
December 8, 2005
Minutes
I. CALL TO ORDER: Chair January Jennings called the Ashland Tree Commission meeting to order
at 7:00 p.m. on December 8, 2005 in the Siskiyou Room in the Community
Development/Engineering Services Building located at 51 Winbum Way.
Commissioners Present:
Pennie Rose (absent)
Bryan Holley
Mary Pritchard
Laurie Sager (arrived at 8:30)
Ted Loftus (absent)
January Jennings
Steve Siewert
Council Liaison:
Staff Present:
Cate Hartzell, (absent)
Amy Anderson, Assistant Planner
Donn Todt, Parks Department, (absent)
Carolyn Schwendener, Account Clerk
II. APPROVAL OF MINUTES: Page 4 under item D the Daily Tidings invoice is for ads not articles.
Holley/Pritchard mls to approve the minutes of November 3, 2005. Voice vote: All AYES,
Motion passed. The minutes of November 3, 2005 were approved.
III. WELCOME GUESTS AND PUBLIC FORUM:
N one present.
IV PUBLIC HEARINGS:
PLANNING ACTION: #2005-01673
DESCRIPTION: Request for Site Review approval of a mixed-use commercial and residential
development to be located at 1651 Ashland Street. The proposal includes two, three-story
mixed-use commercial and residential buildings. Both buildings will consist of office and retail
uses on the ground floors, and residential units on the first, second and third floors. A total of 23
residential units are included in the proposed development. The site is located in the Detail Site
Review Zone, and is subject to the Detail Site Review Standards. In addition, the proposal is
subject to the Large Scale Development Standards because it exceeds 10,000 square feet in size
and includes buildings greater than 100 feet in length. An Administrative Variance from the Site
Design and Use Standards is requested for the distance between the buildings. A Tree Removal
Permit is requested to remove 18 trees on site. Comprehensive Plan Designation: Commercial;
Zoning: C-1; Assessor's Map #: 39 IE 10 DC; Tax Lots: 8700 & 9201.
OWNER/APPLICANT: Kirt Meyer
Commissioner Pritchard noted that though she has hired Laurie Sager as a Landscape Architect to
help her with some personal gardening she feels she can be impartial regarding this Planning
Action.
Page 1 of 5
Applicant Testimony: Tom Giordano was present to represent the applicant. Mr. Giordano
explained that there is actually two pieces of property and the layout has one building on each lot.
Because there are two lots originally there were also two curb cuts. When the improvements were
made on Ashland Street one of the driveways got closed off though normally every lot is allowed
at least one curb cut.
The applicant's goal is to keep the pedestrian area separate from the car area. Mr. Giordano would
like the Tree Commission to make a recommendation that the Plaza areas be retained. Mr.
Giordano stated that he will suggest to the Planning Commission that if they like the concept of
the project that they approve it with the condition that it comes back to both the Planning
Commission and the Tree Commission with a more detail design of those Plaza areas.
Tom Myer, Arborist, and Kerry KenCaim, Landscape Architect, were present to answer questions.
Recommendations:
1) Tree Commission supports the on-site mitigation as proposed by the applicant, including
supplemental trees to be added in the plaza/courtyard.
2) Tree Commission supports the plaza/courtyard plan between the two buildings and
recommends a re-review of the proposed landscaping plan for the plaza/courtyard area prior
to issuance of any building permits.
PLANNING ACTION: #2005-01834
DESCRIPTION: Request for Site Review approval for a three-story, mixed-use building
located at 479 Russell Street, comprised of retail and office space on the ground floor,
and three residential units on the second and third floors. The proposed building is
approximately 8,090 square feet in size. The property is located in the Detail Site
Review Zone, and is also subject to the Large Scale Development Standards.
Comprehensive Plan Designation: Employment; Zoning E-I-R; Assessor's Map: 39 IE
09 AB; Tax Lot: 6401
OWNER/APPLICANT: Redco Development Co. LLC/Russ Dale & Darren Lecomte
Pritchard noted that she knows Arlen Gregorio socially but stated she still can be impartial with
the Planning Action.
Tom Giordano was present to represent the applicant. He stated that there are no trees on the site
so they are not removing or protecting anything. There are proposed trees. Kerry KenCaim,
Landscape Architect stated that most of the landscaping has already been done and that the
bioswale has been redesigned to relate better to the layout of the building.
Public Testimony: Surya Bolom, 470 Williamson Way spoke. Ms. Bolom would like more
Bamboo planted behind her house for privacy though she is open to other kinds of vegetation. It's
very important to her to have a landscaping barrier between her and the new building. Ms.
KenCaim recommended that Ms. Bolom ask the Tree Commission to make it a condition of
approval. Ms. KenCaim agreed to meet with Ms. Bolom and discuss the planting.
Arlen Gregorio 474 Williamson Way was present to support Surya Bolom. Arlen explained that
Ms. Bolom's first floor is looking directly up at the parking lot. The five foot strip she sees is the
area that they are talking about that needs screening.
Recommendations:
Page 2 of 5
1) Tree Commission recommends Landscape Architect work with neighbor directly to the North
of the site to plant additional screening material along a portion of 470 Williamson Way south
property line.
V. ACTION ITEMS
A. January dates for Goal Setting.
Holley will begin to track Action Items and email a copy to all the Tree Commissioners. Amy
explained that the Action Items that are discussed at these monthly meetings are things that must
be acted upon and cannot be tabled.
The Tree Commissioners decided that a Sunday would work best for everyone's schedule. Holley
proposed January 15th, 22nd, or 29t\ 2006 and also volunteered his home. Amy will send out an
email to the Commissioners and they can let her know which date works best for them.
VI. DISCUSSION ITEMS
A. Mitigation Trees - policies and procedures for off-site mitigation.
Mitigation Sub-Committee meeting report.
Laurie Sager arrived at 8:30 P.M. She had recused herself from the prior two Planning
Actions because her office is working on them.
Sager handed out a list of mitigation sites for trees that she and Ted Loftus had discussed.
Sager inquired about the Tree Mitigation Fund Account. Amy explained that the account has
been created but there is no money in it. She also explained that at this time the money is not
at the Tree Commissions discretion as to what they can or cannot do with the money. Amy
also said no money can go into the fund until they get the resolution from the City Council.
It was Sager's suggestions that if it is determined that a violation has been made an Arborist
would assesses the tree. Any tree cut down between the size of six inches and twelve inches
would automatically require mitigation of two new trees at a minimum 2 inch caliper. The fee
would be $35.00 per tree which would cover the installation and guarantee. Any tree above
12-inches an Arborist would assess the approximate value.
It was suggested that instead of a determined amount they could charge the average wholesale
price of a two inch caliper tree and double the cost and add 10 percent for inflation. She will
work on getting more standardized language about pricing and she and Loftus will put it into
writing.
Sager reported that she had received an email from Adam Hanks stating that Tree Mitigation
happens through Conditions of Approval tied to one of three main things.
1. The signature of the plat
2. The issuance of the building permit
3. The Certificate of Occupancy
One of those items the Tree Commission or Arborist would assess for mitigation and let the
applicant know how much the tree will cost and where it will go.
Amy reported regarding the trees in front of Omar's. The Deboer's have given the money to the
Parks Department, the Trees are on order and should be here next week, and the Tree Removal
Permit has been filed and approved.
B. Tree of the Year criteria
After a discussion the Tree Commissioners decided that the criteria will continue to be
1. Within City Limits
2. Visible from the Street
Page 3 of 5
3. Not part of a public park system.
The commission agreed to remove the word "Favorite" from the Title.
C. New Tree planting specifications (diagrams, information)
Sager handed out a planting detail guide that her office uses. Sager suggested that if they had a
good tree planting detail they could give copies to home owners when they come. She suggested
that the Tree Commissioners discuss and come together with a final one and have it. Holley
brought in a brochure that is handed out from their Power Company. San Antonio region. Holley
would like to see Ashland have something similar to hand out to home owners. He will contact the
power company in San Antonio and find out the cost to produce that brochure. Distribute at the
front counter.
It was also suggested to reprint the street tree guide. Amy suggested that we only have 56 copies
left of the Street Tree Guide. Holley would like the Goal setting meeting talk about reprinting the
Street Tree Guide. The last one was not using the Tree Commission money.
ITEMS FROM COMMISSIONS
A. Liaison Reports
No Liaisons were present
B. Old Business
Amy shared that the Tree City USA certification is done.
Holley asked that we check with Don regarding the Liberty Street Tree of the Year Plaque and see
where he is with it.
C. New Items
Holley would like Arbor Day put on the January agenda.
Seiwert brought up for discussion the Ponderosa Pine across from the Beanery. Employees and
customers are parking under the tree. Steve volunteered to write a draft to the owner of the
property educating them about the care of the tree. He will email the letter to the other Tree
Commissioners for review. It was also suggested to write a letter to the manager of the Beanery to
inform him about the damage the employees and customers could be doing by parking under the
tree. The Tree Commissioners agreed that not everyone knows they are hurting trees and just need
some education regarding them.
D. Current Balance
$404.87
E. Tree Commission Goals
i. Education
1. Daily Tidings Back Page. Sager suggested that the proposed article on pruning is
very broad, complicated and controversial. She suggested that there could be many
unforeseen interpretations and suggested something more simple and easy. Trees with
Winter Interest were a suggestion. It was decided that Sager and January will write the
article. They will email it around to the other Commissioners who can then add or
subtract from the article.
Streamlining the process: Sager reminded the Commissioners to be respectful of the
deadline for the articles. This will be put on the agenda for the goal setting meeting in
January. The goal is to have it done and turned into Miles at the Daily Tidings by the last
day of each month. The articles should be done one week prior to the end of the month.
Page 4 of 5
ii. Tree Clinics
Pritchard has a Tree Clinic on pruning scheduled for January 8, 2006 at North Mountain Park. She
does need assistance in getting some trees in containers for the class.
iii. Monitoring
It was discussed to start a monthly report showing the mitigation results for each Planning Action.
This would help establish criteria for having an Urban Forester showing how often and how much
the need is. It would be part of the Tree Commissions Council report.
VIII. ADJOURNMENT
Commissioner Jennings adjourned the meeting at 9:40 pm
Page 5 of 5
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Approval:
January 17, 2006~
City Recorder
Gino Grimaldi f"
Appointment to Planning Commission
,~ !J
Primary Staff contac~ara Christensen
488-5307 christeb@ashland.or.us
Estimated time: Consent Agenda
Statement:
Confirmation by Council of the Mayor's appointment of Pam Marsh to the Planning
Commission for a term to expire April 30, 2007.
Background:
This vacancy was created when Kerry KenCaim resigned her seat from the Planning Commission.
Proper notice was made in our local newspaper of the vacancy and four applications were
received and considered.
Council Options:
Approve or disapprove Mayor's appointment.
Staff Recommendation:
None
Potential Motions:
Motion to approve appointment of Pam Marsh to the Planning Commission for a term to expire
April 30,2007.
Attachments:
Applications received
r~'
tit:\JI:.I V t:.u
~\ r; \i '. ',' )uq~
~'4 ~.: '.: : ~ .,,~ '- \.
CITY OF
ASH LANr D
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at City
Hall. 20 E Main Street, or email christeb@ashland.or.us. If you have any questions, please feel free
to contact the City Recorder at 488-5307. Attach additional sheets if necessary.
Name: Susan Mary Aufderheide
Requesting to serve on: Planning Commission
Address: 321 N. Mountain Avenue
Occupation: Community-Building, Multi-Media
Phone: Home: 541-482-01102
Work: Same
Email: souixzanl&mind.net
Fax
1. Education Back2round
What schools have you attended?
William Woods University,
Southern Oregon University
What degrees do you hold?
B.A. Communications, SOU
What additional training or education have you had that would apply to this position?
State Certified Mediator.
2. Related Experience
What prior work experience have you had that would help you if you were appointed to this
position?
(1) My planning-related background is in housing, particularly affordabl'9 housing.
I am a HUD landlord and landowner in the city of Ashland, living here for 27 years.
I own my own home, paid while raising six kids as a single parent, a,nd have a
long-term appreciation of Ashland housing issues. My community involvement in
housing includes organizing "The Pines" trailer owners who were beilng evicted
when land under their mobile homes was being sold. This work led to the
formation of the Jackson County Affordable Housing Coalition and the statewide
Coalition, which works on a unified mission and message for affordablE! housing.
(2) As an Oregon-certified mediator with a communication degree frlom SOU, I
have a strong background in citizen-government dialogue, communication, and
collaboration. These skills and experiences would be very valuable iln handling
Planning Commission conflicts. It's so important that we do a better job of
dialoguing, problem-solving, and conflict resolution. I've learned this" while
serving on three cable commissions-Ashland Cable Access Commission, West
Linn Cable Advisory Board, and Tri-City Cable Commission (Gladstone, West
Linn and Oregon City). In these Commissions, we addressed and resolved tough
issues around public rights of way, franchise fees, and public utility components
of city infra!~tructure.
(3) In my W'ork with KSKQ 94.9 LPFM start-up, I've learned much about how it
feels like to be on the customer end of a government pennit. Ashland's planning
process is difficult, though it's less burdensome than the years of red tape
required for the FCC to approve a construction penn it for a radio antenna. I
organized the coalition of community organizations that applied for the FCC
pennit 5 years ago, and we've now received such a pennit This involved working
with an attctmey to satisfy FCC regulations, and hasn't stopped, due to the new
FCC Chair's rapidly changing regulations affecting our future pennit
requirements. I have an ever-growing customer appreciation of the purpose,
process, and,problems of pennits. . ,-I,
(eI) I'~e been very involved in the Ashland Charter process, with the Charter
Review Committee and with AshlandConstitution.org, both of which propose
Charter ame!ndments affecting planning decisions.
(5) I was deeply involved in the Downtown Planning Process earlier this year. I
became strcmgly engaged when listening to the many small businesses affected
by downtown planning. We; have many voices and views to integrate if we are to
have a succlessful downtown plan for Ashland.
Do you feel it would be advantageous for you to have further training in this field, such as
attending confierences or seminars? Why?
I would eSJtecially like to learn more about Ashland Municipal Code and the
interface between the code and other statutes. I would love the training. While
working with Oregon Action on Ashland's Living Wage Ordinance, I trained with
the Association of. Community Organizations for Refonn Now (ACORN) to better
understand the ordinance process. The training included developing a social
justice' community capable of tackling tough issues. My commitment to
effectively use the training helped me maintain clear leadership focus on the
Living Wage Campaign. And, we succeeded.
3. ,,,~nterests
Why are you applying for this position?
I can help the Planning Commission to carefully balance Ashland's planning
pressures and opportunities for all its citizens. My work on many community
boards has gJ",n me a deep appreciation of the many groups and ;sspes to
address in ~,18nning decisions. My listening s~ wi" be tlelpfuJ in ...'ponding to
individuals and groups. My experience also brings to the table the needs of
citizens not represented by construction or affluence.
4. Availabilitv
Are you available to attend special meetings, in addition to the regularly scheduled meetings?
Do you prefer day or evening meetings?
With enough notice, nearly anytime works. Day and night are equal.
5. Additional Information
How long have you lived in this community?
27 years.
Please use the space below to summarize any additional qualifications you have for this position.
(1) In the last 17 years, I co-founded RVTV, Media-Eye.Org, and KSKQ 914.9 LPFM.
I've developed several small businesses, including a video production business.
I study and practice community leadership, conservation, steiwardship,
mindfulness, economy, friendship, trustworthiness, and accountability, and
maintain an excellent credit rating. My work experience includes offic:e work in
textiles, ceiling and floor tiles, micro-radio implementation, insuranc,e, Sunday
School superintendent, childcare, picture framing, and caring for elders. This
background gives me a broad appreciation for Ashland's varied busim!sses and
organizations.
(2) As Public Access Coordinator for RVTV, I taught high school video ~troduction
and did curriculum development. I've taught people from ages 4 to 90, and come
to know many Ashland citizens, from all walks of life. I've developed cmd taught
courses at SOLlR (Southern Oregon Learning In Retirement) on city gl)Vernment
issues, most recently 'The Politics Of Water' .
(3) I'm passionate about the commons, and their appropriate use. I hcllve a huge
passion for independent media and access to the media by the everyday citizen.
This means creating physical and media spaces to contribute to these democratic
conversations. It"s all about shared space (the commons), private space, and
their appropriate juxtaposition.
(4) I've gained many board-level skills and experiences from beinSJ a board
member (often president or treasurer) of: Ashland Teen Center, lealming Tree
and Rocking Horse Inc., Cygnet Theatre Group, Alliance For Democracy, ARrance
For Community Media Northwest Region, Oregon Action, SOWAC,--Southern
Women Access To Credit, and Multi-Cultural Association Of Southern Oregon.
&ut1 fVJ ~!Jrkrk
Signature
RI=CEiVED
~'i\\! I"" ')l':lh
1~i,.:\I . , ....uUJ
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Rec:order at
City Hall, 20 E Main Street, or email HYPERLINKmailto:christeb@ashland.or.us
~hristeh(! ashland.oLus. If you have any questions, please feel free to contact the City
Recorder at 488-5307. Attach additional sheets if necessary.
Name: Thomas Dimitre
Requesting to serve on: Planning Commission
Address: 901 Beach St., Ashland, Oregon 97520
Occupation: Business Agent for Labor Union
Phone: Home 488-4601
Work 530-842-1787
Email dimitre@mind.net
Fax 488-4338
Education Background
What schools have you attended?
California State University, Hayward
What degrees do you hold? I hold a BA degree in Biology, with a Minor in
Environmental Studies.
What additional training or education have you had that would apply to this position?
I have taken some college level urban planning classes that looked at propo~als and
took field trips to the site. The classes included comparing the proposals to land use
planning and local zoning laws and ordinances. I have also been extensively
involved in looking at Forest Service and Bureau of Land Management projiects over
the past fifteen years and have a good idea of how planning works.
Related Exnerience
What prior work experience have you had that would help you if you were appointed to
this position?
As part of my job I routinely review documents for adherence to local, staff: and
federal rules and regulations. I often work with people with differing viewpoints. I
solve a myriad of problems and communicate with represented employees r'egularly -
both at meetings and in written correspondence.
Do you feel it would be advantageous for you to have further training in this field, such as
attending conferences or seminars? Why? I do feel that additional training would be
helpful. Though I am familiar with the general planning process, it would be
helpful to get training. My goal is to be as knowledgeable as possible regarding
planning in Ashland, in order to help create a vision for Ashland's future.
Interests
Why are you applying for this position?
I am interested in helping shape the future of Ashland. I want to help in the
revision of the downtown plan, as I have a very strong interest in preservinl~ the
unique character of this City. I am not in favor of large buildings downtown. I am
in favor of revising the Downtown Plan so that the vision is clear for all. My greatest
interest is in helping the Planning Commission do planning - providing a vi:~ion for
the future - in addition to ensuring that each project that comes forward mt~ets
planning criteria.
I am also in favor of a strong Planning Department that ensures complianc.~ with
current criteria. A Planning Department that does its job well will not recommend
projects for approval that do not meet current planning criteria. Instead the
Department should only send projects forward that a) meet planning criteria, or b)
summarize for the Planning Commission the areas where the project does not meet
the planning criteria. This is a beautiful town - let's work to ensure that it sltays that
way through careful planning.
A vailabili~
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings? I am available to attend s][lecial
meetings and regular Planning Commission meetings. I would prefer evening
meetings, generally; however my schedule is somewhat flexible.
Additional Information
How long have you lived in this community? 11 years.
Please use the space below to summarize any additional qualifications you have for this
position
~;~
November 18, 2005
Date
Thomas Dimitre
Signature
RECElVED
November 17, 2005
NDV j}' LUu:!
Hon. John Morrison
Mayor
City of Ashland
20 E. Main Street
Ashland, OR 97520
Dear Mayor Morrison:
I have enclosed an application for the current vacancy on the Ashland Planning
Commission.
For the past year I have served on the city Charter Review Committee. I hope that my
tenure there reflects an ability to work with diverse points of view and to commit the time
and enthusiasm necessary to carry out responsibilities. While I have a deep interest in the
city's future planning and development decisions, I have not participated in any local
project debates, nor am I aligned with any interest group. I believe that I could bring an
objective perspective, coupled with a broad base of knowledge and experience, to the
commission.
Please contact me if you have any questions regarding my application or desire to serve.
Sincerely,
'? eLm kRt~
Pam Marsh
696 Siskiyou, #1
Ashland, OR 97520
541-482-4742
CITY OIF
ASHlA.ND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Rec:order at
City Hall, 20 E Main Street, or email christebCa>ashland.or.us. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheds if
necessary.
Name: Pam Marsh
Requesting to serve on: Planning Commission
Address: 696 Siskiyou, # 1
Occupation: Nonprofit administrator_
Phone: Home: 482-4742
Work: 772-1777
Email: marshp@students.sou.edu
Fax: 482-4742 (call first)
1. Education Back2round
What schools have you attended?
Oregon University
University of California at Berkeley, Southern
What degrees do you hold? Bachelor of Science
What additional training or education have you had that would apply to this position?
I served on the Planning Commission in Palo Alto, California, and participated in
relevant planning commission trainings and workshops. In addition, I've taken a series
of planning classes at both Berkeley and SOU.
2. Related EXDerience
What prior work experience have you had that would help you if you were appointed to
this position?
I served as Director of the Santa Clara County Cities Association for four years; in that
capacity I represented the organization in the Bay Vision 2020 process - an initiative
aimed at designing a sensible Bay Area planning process. In general, my work with the
Cities Association gave me a good understanding of the sensitivities innate in any
regional planning venture.
I also edited and authored a Cities Association manual re: city planning and impli.cations
for child care providers.
Do you feel it would be advantageous for you to have further training in thisfield, such
as attending conferences or seminars? Why?
Yes. Planning is a constantly evolving field reflecting shifts in community priorities,
architectural sensibilities, and legal standards.
3. Interests
Why are you applying for this position?
For the past year I have served on the City Charter Review Commission, and I've been
grateful for the opportunity to participate in community life. Now, the Planning
Commission vacancy offers me a chance to contribute in an arena in which I have
experience and expertise.
4. Availabilitv
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings?
Yes. Since I currently work in Medford, I prefer evening meetings.
5. Additionallnformation
How long have you lived in this community?
Ashland has been my base community since my family moved to the Green Springs in
1994. We have lived within the city limits for the past two years.
Please use the space below to summarize any additional qualifications you have j.'Jr this
position
My first experience in city government was as a neighborhood representative on Palo
Alto's Downtown Study Committee nearly 25 years ago. That effort, a citizen's
committee that included developers, businessmen, planning commissioners, and local
residents, produced a set of recommendations, including retail-only zones, floor area
ratios, density transfers, and parking and traffic improvements. Most of our sugg(~stions
were adopted by the council, and today Palo Alto's downtown is active and vital-- a
center of commerce and community life.
I later went on to participate on the Planning Commission and in many other community
studies. But I learned two fundamental planning lessons in that Downtown Study: 1)
rules and regulations are meaningful and effective only in the service of a shared vision;
2) good planning can substantively affect the patterns of daily life.
When I moved to Ashland in 1994 I was impressed and excited by the city's cutting edge
adoption of infill and "village-style" development. Now, 10 years later, that vision seems
to be fraying a little from the pressures of development. In the next months and y.~ars,
the Planning Commission and Council need to re-examine, re-enforce, and/or re-
construct, a community vision. I would appreciate the opportunity to be part of that
process.
Date: \\. \~ O~
Signature~ C0v. \4urtl--.
CITY C:)F
ASH LfllN 0
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Rt:corder at
City Hall, 20 E Main Street, or email christeb@asbland.or.us. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional shleets if
necessary .
Name Eric Navickas
Requesting to serve on:
Planning Commission
( Commission/Committee)
Address
711 Faith Ave.
Occupation Architectural Designer I Farmer
Phone: Home 482-0561
Work 488-7884
Email reclamation@risE!Up.net
1. Education Baclmround
What schools have you attended? University of Oregon
What degrees do you hold? Bachelor of Architecture
What additional training or education have you had that would apply to this position?
I have extensive empirical knowledge from regularly attending Council and
Planning Commission meetings.
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
As an architectural designer I had been involved in numerous planning
applications.
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why?
Of course, knowledge of current issues and land use law for those on thE!
planning commission is critical to a healthy planning process.
RECEIVED
"I flU , , 'J1,:i~
n U, . . I.UU"
~~
3. Interests
Why are you applying for this position?
I have been interested and involved in land use planning for many years.
Ashland is a rare example in America of a city that has worked to protect the
character of the built environment and open space through the planning process.
As a commissioner I will work to continue Ashland's tradition of rigorous attention
to planning regulation with the intent of protecting our unique character.
4. Availabilitv
Are you available to attend special meetings, in addition to the regularly
scheduled meetings? Do you prefer day or evening meetings?
My schedule is relatively open, however, I prefer evening meetings.
5. Additional Information
How long have you lived in this community?
15 years
Please use the space below to summarize any additional qualifications you have for this
position
I believe that most in this community share my interest in maintaining the
character of our City. This does not mean that we need to completely halt further
development, but that we continue a process that places the interests of the
greater community over those of individual property owners and developE~rs. I
believe that planning is a process that must place long-term goals above short-
term interests.
My education at the University of Oregon instilled into my thinking the values that
our state prides itself in. Southern Oregon, with our large population of citizens
from out of state, often fails to adhere to those same values that our northern
cities maintain. With regard to planning decisions, Ashland is often influenced by
criticisms of our immediate neighbors rather the broader values held by our state.
My education in planning issues from the University of Oregon will help to bring
these broader values to the planning commission.
Thank you for your consideration of my application. I am very interested in this
position and am committed to devoting the requisite time involved to move
forward with quality planning decisions.
11/17/05
Date
Eric Navickas
Signature
~~
CITY OF
ASHLAND
Council Communication
A Public Hearing to Consider the Vacation of an Unopened Alley
Meeting Date: January 17, 2006
Department: Public Works/ Eng~ring
Contributing Departments: Planning, order; Parks
Approval: Gino Grimaldi <
Statement:
A petition calling for the vacation of an unopened 20 foot wide alley located between Ditch Road and North Street (vacated)
has been received and has been reviewed by Public Works, Planning and Parks Department.
Primary Staff Contact: James H. Olson, 552-2412 %
E-mail: olsonJ@ashland.or.us fl/
Secondary Staff Contact: Bill Molnar, 552-2042
E-mail: MolnarB@ashland.or.us
Estimated Time: 10 minutes
On December 20,2005, Council established a public hearing date of January 17, 2006 and all required public notifications
have been made. The vacation ordinance is included and can be read for the first time following the public hearing.
Background:
Petition Requirements:
A petition for vacation of the alley was presented by Brian and Diane Smith who reside at 290 Skycrest Drive and own 1.02
acres of land fronting the southerly boundary of the alley for its entire length. The Smith property, referred to as tax lot
391 E5DC 2800 extends from Ditch Road on the east to Skycrest Drive on the west. The petition contains seventeen
signatures and represents 16 lots. As required by state statutes all of those property owners abutting the alley are included
on the petition and over two-thirds of the "affected area" is also represented on the petition. All signature have been verified.
A copy of the petition is attached.
Alley Statistics:
The 20 foot wide alley was dedicated to the City in 1880 as part of the Woolens Addition. The alley originally connected
North and South Streets which were vacated in 1906 under Ordinance No. 275. The west end of the alley was vacated in
1992 under Ordinance No. 2694 so that the remaining alley has no westerly connection to any public street and is
essentially a dead end.
The alley has never been opened for access neither vehicular nor pedestrian and with over a 25% grade it is doubtful that it
could ever serve as a vehicular way. The alley has, however, been utilized as a utility corridor as a six inch sanitary sewer
main was constructed within the alley right of way in the 1950s. The sewer main is still active and must be protected with a
10 foot wide public utility easement if the alley is vacated.
Plannino Action No. 2005-01476:
The vacation request is a result of a planning action by Brian and Diane Smith to divide their existing lot at 290 Skycrest
Drive into two lots. The planning application was multi-faceted in that it included the following elements along with the land
partition request:
1. Proposal to vacate the unopened public alley.
2. Request for a variance to the minimum lot width and size.
3. A physical constraints review for creation of a parcel with slopes in excess of 25% and removal of three black
oak trees.
G:lpub-wrksladminIPB CouncmStreet Vacations DedicationslCC Alley Vacation Ditch Rd North St 17 Jan06.doc
1
r~'
The land partition relies upon the vacation of the alley, however an alternate plan is available if the alley is not vacated. The
planning commission unanimously approved planning action 2005-01476 and the proposed alley vacation and further
moved to recommend the alley vacation to Council. (see attached planning commission minutes)
Compensation offered for the Vacation of the Alley:
Although it would be difficult to develop because of the steep grades and lack of connectivity at the western end, the alley
could offer a possible pedestrian route. As compensation for the loss of the alley right of way, the applicant has offered to
dedicate a 0.38 acre parcel of land as parks open space for potential trail purposes. With the alley vacation the City would
relinquish 5,457 square feet of right of way, but would receive in return 16,701 square feet of open space. By providing a
much wider (147.8 feet) parcel of land it would be easier to construct a trail system, using switchbacks, where necessary,
from the Ditch Road to the Hald trail system. Parks Director, Don Robertson has expressed support for this possible
acquisition. A copy of the potential trail system map is attached.
Reservations & Conditions:
It is suggested that the following conditions be appended to the vacation of the alley, if approved:
1. A ten foot wide public utility easement be reserved over the existing sanitary sewer main.
2. The applicant grant an approximately 0.38 acre parcel of land to the City for Parks open space.
Related City Policies:
AMC Chapter 4.18 sets guidelines for City Planning Commission and staff review of vacations and further refers to the
Oregon Revised Statutes for procedural control. Vacation of public rights-of-way within incorporated is specified under ORS
Section 271.080 through 271.120.
Council Options:
Council may approve an ordinance vacating an unopened public alley and move to second reading of this ordinance;
OR
Council may deny the vacation and terminate the vacation process.
Staff Recommendation:
Staff recommends approval of the attached ordinance vacating an unopened alley between Ditch Road and North Street
(vacated) with the conditions outlined above.
Potential Motions:
Council may move to approve an ordinance vacating an unopened public alley and move to second reading of the
ordinance.
Council may move to deny the proposed vacation.
Attachments:
Resolution
Vicinity Map
Detail Map
Petitions
Map of Proposed Partition
G:\pub-wrks\admin\PB Council\Street Vacations Dedications\CC Alley Vacation Ditch Rd North St 17Jan06.doc
2
rj.'
ORDINANCE NO.
AN ORDINANCE VACATING AN UNOPENED PUBLIC ALLEY
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The twenty (20) feet wide unopened public alley located between Ditch
Road and North Street (vacated) as granted to the City of Ashland on the plat of the
Woolen's Addition and as described on attached Exhibits A and B is vacated with the
following reservation.
SECTION 2. A ten (10) foot wide public utility easement is hereby reserved for the
maintenance and installation of existing and future utilities. The centerline of the
easement shall be defined by the centerline of the existing sanitary sewer pipeline
currently in place within the alley.
The foregoing ordinance was first READ on the
of
2006, and duly PASSED and ADOPTED this
day of
,2006.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2006.
John W. Morrison, Mayor
Reviewed to Form:
Mike Franell, City Attorney
G:\pub-wrks\admin\PB Council\Street Vacations Dedications\Alley Vacation Ditch Rd North St Jan 1706.doc
EXHIBIT A
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EXHIBIT B
Commencing at the Southeast Comer of Lot 27 of Woolens Addition to the City of
Ashland, Oregon, according to the Official Plat thereo~ now of record in Jackson
County, Oregon; thence West, along the south line of said Lot 27, 131.00 feet to the
southwesterly line of the Ditch Road as described in Volume 109, Page 153, Deed
Records, Jackson county, Oregon, being the Point of Beginning; thence continuing West,
along said south line of Lot 27,269.00 feet to the west line of North Street as vacated per
Volume 223, Page 404 of said Deed Records; thence along said west line, South, 20.00
feet to the north line of Lot 28 of said Woolens Addition; thence along said nortbline,
East, 276.71 feet to said southwesterly line of the Ditch Road; thence along said
southwesterly line, North 21005' 00" West, 21.43 feet to the Point of Beginning.
January 28, 2005
ReSISTERED -)
-PROFESSIONAL ~
LAND SURVEYOR f
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OREGON
JULY 2&.1900
sTuART M. OSMUS
No. 2464
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?-r 1"- Y 0.38 ACRES
'~SMITH PROPERTY 28
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PROPOSED ALLEY VACATION
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Date Flied:
PETITION
We the und~raI9nedpreper.ty owners r~~ en or near .'3'':YCT.8BtDrive
., n Ashland Or~gon do hereby petition the City Council to initiate
proceedings to vacate the above mentioned public right-of-way, being further described
as follows:
See Attached exhibit "A'
We do further warrant that the signatures below represent 100% of the properties
abutting the proposed vacation, and at least 66%% of the affected area which lies within
200 feet on either side and 400 feet from the ends of the pUblic right-of-way proposed for
vacation.
2
3
4
5
6..,-U .~~
:-~~~
9 ~+~~
10_ ';tr,t - J
County of Jackson )
)
State of Oregon )
NAME
TAX lOT NO.
30/6
;2&=00
,:).qoo
"3 CJ ("'3
oZ00
3L. t /-
"3 <Joi"
<tCXJ
:S>OID
30/5
~L)' .r ~Cv<"pf ]
;.too 5,k~ (j' e$t ;-
305 St:::'-;Ku.J 7 0 L
J-IO Sv..h~ "-1'~v 'Sf.
4{)(} ~ . C//c
d..~5 SKO~~
Yo ScYC€~!V~
<'1. ,1 S'
I, 1:J;'v'4-. of. '-- Yl<t I t ~ing one of fhe principal proponenfs of fhe
proposed vacation do hereby subscribe and swear that the above signatures were taken
in my presence and are the signatures ~f the p~~ns. own~'ng. rope tti. ng or within
fhe area affected by the Proposed vacatron. / -( ." ~' /' L__
(::;;;i. (/ ~
~ \A Slgnafure
~c~
My Commission Expires L.l. 2> 'Oe:,
. OFFICiAl SEAL
JASON T SOUDERS
NOTARY PUBUC-QREGON
COMMISSION NO. 379435
MY COMMISSION EXPIRES APR. 8, 2008
G:DawnlStreetlVaeation Petltlon.wpd
"
"
f~ ').
Date Flied:
PETITION
Wfj the uflderslgl'ledproperty OWMl'$ re&lding on or near 2',:yc::~ st Drive
in Ashland Or'!gon do hereby petition the City Council to initiate
proceedings to vacate the above mentioned public right-of-way, being further described
as follows:
Bee Attached exhibit <A'
We do further warrant that the signatures below represent 100% of the properties
abutting the proposed vacation, and at least 66%% of the affected area which lies within
200 feet on either side and 400 feet from the ends of the public right-of-way proposed for
vacation,
2
3
4
5
6
7
8
TAX LOT NO.
A)oa
I('j10,O
'iff/Ol
W:J h()()
#!J (j;' CD
rJ.L.fJ'J:-
A' &1a "
ADDRESS
;::;; 9:'U ~(' <-0
d.-7fV ~~ow
lye flztnn!JI// e,c{)
3(,5 (!.,r"'""du,'p (.,J
3~3 ~h4Ji...~
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9
10
County of Jackson )
)
State of Oregon )
',DtMt:.. .sn:;:rVl~.5rl rrt+ ,being one of the principal proponents of the
proposed vacation do hereby subscribe and swear that the above signatures were taken
in my presence and are the signatures of the persons owning property abutting or within
the area affected by the proposed vacation. ,
~ i~~
~' Signalur.
Not Public
My Commission Expires t;.g'of!>
OFFICIAL SEAL
JASON T SOUDERS
NOTARY PUBUC-QREGON
COMMISSION NO. 379435
MY COMMISSION EXPIRES APR. 8,2008
G:Dawn\Street\Vacatlon PetKlon,wpd
May 26, 2005
To Whom It May Concern:
I am writing to convey our organizations support of the alley vacation described in the
attachment, providing the owners, Brian L. Smith and Diane Steffey-Smith grant a public
access easement for the described trail in the same attachment. Providing usable trail
access in place of an unusable alley makes sense for all parties involved. Their easement
is described from the intersection of their northerly property line and "Ditch Road" south
by southwest, roughly parallel to the Ditch Road., transecting their back lot.
Rob Cain
AWTA
President
279 Granite Street
Ashlanci, OR 97520
'...............................1111111..I11III1111I11III11I11IIII11IIIl1li..............IIIIII....III.IIII................III1.....1IIIUUO
May S, 2005
R &IJ ffJj;~
To Whom It May Concern:
We the undersigned, are in favor of the alley vacation described in attached "Exhibit A"
providing, the owners, Brian L. Smith and Diane Steffey-Smith, of29O Skycrest Drive,
grant an easement for the purpose of a public trail, from the intersection of their northerly
propertY line and "Ditch Road" south by southwest, roughly parallel to "Ditch Road",
across their property as approximately shown on "Exhibit B".
~ ~~~QL
. ~~man ~usan,dbapman
390 0rcJuvd Slreet j' . ~
Ashland, OR 97520 ~ ., .
"-- /1, M/\/ ~
IIIDDObUlI.....III111I111II.....II........;............ IDIDmmOlllllllIOlllllllUllDDmmuonnllllDlDIIDI
From:
To:
Date:
Subject:
Don Robertson
Jim Olson
8/2/20051:25:18 PM
Smith alley vacation request
Jim,
I just met with Brian and Diane Smith reqarding their vacation request.
The alley connects to Ditch road and their own property. The Ditch road is currently used by many hikers,
but this alley as is provides no current or future improvment to the hiking conditions. In exchange for the
alley vacation, the smiths have proposed a new pedestrian access easment (PAE) be placed roughly
parallel to the ditch road but angled towards city open space property. While it will not complete a link to
the property, it will start one that can be continued to provide better access onto current city property and
eventually link up to sky crest drive along another PAE.
, From my prospective I think it should be granted with the provision that it be replaced with a perminent
PAE, surveyed route approved by Jeff McFarland our trails coordinator.
thanks
don
CITY OF
ASHLAND
ASHLAND PLANNING COMMISSION
REGULAR MEmNG
NOVEMBER 8, 2005
MINUTES
CALL TO ORDER - Chair lohn Fields called the meeting to order at 7:05 p.m. at the Civic Center, 1175 E. Main Street, Ashland,
OR.
Commissioners Present:
lohn Fields, Chair
Russ Chapman
Olena Black
Michael Dawkins
Allen Douma
Dave Dotterrer
lohn Stromberg
Mike Morris
lack Hardesty, present
Bill Molnar, Interim Planning Director
Maria Harris, Senior Planner
Mike Reeder, Assistant City Attorney
Sue Yates, Executive Secretary
ANNOUNCEMENTS - The deadline for applying for the vacancy on the Planning Commission is Friday, November 18th.
Council Liaison:
Staff Present:
APPROVAL OF MINUTES
September 27, 2005 - Continuation of Northllght Hearing - Black asked under item 4 where she spoke, to delete "it" and add "the
Design Standards." Dotterrer/Douma mls to approve the minutes as corrected. Voice Vote: The minutes were approved.
October 11, 2005 - Regular Meeting - DoumalDotterrer mls to approve the minutes. Voice Vote: The minutes were approved.
PUBLIC FORUM
COLIN SWALES, 461 Allison Street, showed a color coded map of lots in the downtown and discussed where he felt it appropriate to
have 40 foot buildings in the downtown. He said we should preserve Primary Contributing buildings and those buildings on the
National Register. The non-compatible, non-historic, and non-contributing could be remodeled or tom down and rebuilt. Build
smaller buildings on smaller lots, not maximizing at the 40 foot height, leaving the larger lots for larger buildings also recognizing
the bulk and scale of the neighboring buildings. The color coded map is available at the library.
TOM GIORDANO, 2635 Takelma Way, felt strongly that we need to have an urban design form for the downtown, looking at the
downtown in a comprehensive way. Dawkins noted the Commissioners that are working on the Downtown Plan are looking at
that.
TYPE II PUBLIC HEARINGS
PLANNING ACTION: 12005-01674
SUBJECT PROPERTY: 11 First Street
OWNER/APPLICANT: Ron & Carrie Yamaoka
DESCRIPTION: Request for reconsideration of the Plannlhg Commission decision reached at the October 11, 2005 Planning
Commission meeting requesting Site Review approval for a three-story, mlxed.use building comprised of restiurant space,
office space and two residential units for the property located at 11 First St. The proposed building Is approXimately 4,500
Iquare feet In size, and Is located In the Downtown and Detail Site Review zones. A Tree Removal Permit Is requested to
remove four trees sized six Inches diameter at b....st height and greater.
Reconsideration
Fields, as guided by the City Attorney, has concluded this action should be reconsidered and continued at next month's
meeting because of an error in the ordinance interpretation. A revised plan has been submitted by the applicant
addressing the vision clearance issue. This will also give the Historic Commission an opportunity to review any revisions
ASHLAND PLANNING COMMISSION
REGUi.AR IEETlNG
"UTES
~8,2005
1
Reconsldiratton
Fields decided not to exercise his power to ask for a reconsideration of this action because be does not believe any new
information bas emerged. Fields would like the Commission to instruct Staff as to what standards and what issues should be
included in the denial.
Douma/Dotterrer m/s to reconsider. Ron Call: DottelTer, Morris, Douma voted "yes" and Dawkins, Black, Fields, Chapman and
Stromberg voted "no" to reconsider. The motion failed and the action will not be reconsidered.
The Commissioners discussed at length whether or not they should give Staff guidance for the findings. During deliberation of
this action at the September 27, 2005 Planning Commission meeting, there was no clear consensus on each separate issue. Fields
asked each member to voice any reasons they might have had for denial that were not part of the motion at the meeting on the 27th.
Chapman voted for denial because the project was represented as two lots and it failed to meet the commercial requirement on the
back lot.
Black voted to deny because it did not meet four of the criteria of the Downtown Design Standards. The setback issue was not
clear. She had problems with the height, stepping back and staggering of the buildings as well as the 80 foot building width and
lots greater than 80 feet in width. She had concerns with the setback on the comer, the sense of entry at the comer of First and
Lithia Way as well as not maintaining the rhythm of buildings. She did not have enough information about the future of Lithia
Way.
Dawkins did not like the bulk and scale of the building. There were no real differences in the height of the buildings. He objected
to the building being three stories high and as long as the buildings on the Plaza. An approval would have overturned the setback
already established on Lithia Way. The setback should be protected for the future. .
Fields said he would like to see a good sized sidewalk and the building built to the street. His reasons for denial were keeping the
entire ground floor commercial and bulk and scale of the buildings (articulation, building height and size). It would make sense to
have six residential live/work units. The buildings have more glass than building and that much glass does not complement the
downtown. The public needs to be able to see into the commercial areas.
Douma denied the project because there are two lots and one did not meet the requirement of the zoning district. He had concerns
about bulk and scale.
Dotterrer concurred with Chapman and Douma.
Stromberg voted for denial because the balance between residential and commercial went too far and it was difficult to determine
if the project was considered one or two lots. There were several aspects of the Design Standards that were not met, including
bulk and scale. He did not like the sense of entry. If the front yard setback is along First Street, then the setback should be 20 feet,
if the plain language of the ordinance is applied. Though minor, the project doesn't satisfy the vision clearance. He does not
believe the case was made that the transition from the townhouses to the adjoining neighborhood was made. He felt the purpose of
the separation between buildings was not met as it was intended to reduce.the mass, not making the separation wide at the front
and narrow at the back. He did not like the height of the tower. The variation in heights did not meet the burden of proof.
Morris agreed with Chapman, Douma and Dotterrer with regard to the commercial versus residential after the lot split. There was
not adequate discussion of the bulk and scale during the Commissioners' discussion.
PLANNING ACTION: 2005-01476
SUB.iECT PROPERTY: 290 Skycrest Drive
OWNER/APPLICANT: Brian & Diane Smith
DESCRIPTION: Land Partition to divide one existing parcel Into two parcels Including one flag lot for the property located at
290 Skycrest Dr. The application Includes a proposal to vacate the existing public alley right-of-way to the north of the
property. A Variance Is requested to minimum lot width requirement and the minimum lot size. The minimum lot width
required Is 1100 feet, and the proposed lots are Irregularly Shape with portions under 100 feet In width. The minimum lot size
In the RR..5 zone Is .50 of an acre, and the proposed lots are .36 of an acre. The eastern portion of the property,
approXimately .38 of an acre, Is proposed as dedicated open space. A Physical Constraints Review Pennlt Is requested to
create a parcel with slopes 25% and greater and remove three Black Oak trees greater than 12 Inches diameter at breast
height In Hillside lands.
A81fLAND PLANNltG COWISSION
REGUlAR IEETlNG
-.rES
tIOVEEER 1,_
4
.
SIte V1a1tl and Ex Parte ContIcta
Chapman wa1bd the site a couple of months ago and a gentleman on site identified himself to Chapman. Today he wa1bd the site
down the back slope. .
Black waJked the site a couple of months ago. He met the owner and they talked about how to identify a white and black oak tree.
She has since had communication with the owner on Comprehensive Plan issues. She believes she can be unbiased.
Dawkins, DotteJTer and Fields had a site visit.
Douma and Stromberg had nothing to report.
Monis had a site visit. He reported that he just completed a job that Keny KenCaim was worlcing on at the same time. He did not
believe he had a contlict of interest.
STAFF REPORT
Hanis said there are two pieces to the application. The bulk of it is a land use application. The second piece is a request for a
vacation of an alley.
The land use application has three components. The first is a request to create a new flag lot. Secondly, there is a request for two
Variances - I) the middle lot width of 100 feet and 2) for the minimum lot size. Third, there is a request for a Physical Constraints
Review permit to remove three trees greater than 12 inches diameter at breast height in Hillside Lands and to create a new lot that
is in Hillside Lands.
Hanis gave the property description and location. The Tree Plan identifies 118 trees with three black oak trees slated for removal.
All of the land is considered Hillside because it slopes 25 percent and greater. There is an existing single family home in the
southwest comer of the property. She described the proposed partition by way of the site plan. The partition relies on the vacation
of the alley. The alley right of way width is 20 feet.
The main discussion point is granting of the two Variances. The Staff Report discusses them in ~er detail. The lot width is
calculated by averaging the different areas. Each lot size is a minimum one-half acre. Staff has taken a conservative approach.
The applicant has argued the site is unique or unusual because it is surrounded by lots that are smaller than one-half acre. It is
unique because it is a large lot but one of the only ones in the area that could have possibly two home sites. Staff may not agree
with the applicant's argument that this application is a benefit because it is using the property to its intended density. Goals and
policies in the Comprehensive Plan talk about looking at lower densities in areas that have physical constraints. There is always
th~ balancing of what makes the most sense. However, the obvious benefit is the public open space and use of the property in a
trail dedication whether it is through an easement or a lot.
Harris showed the alternative scenario as discussed in the Staff Report. This scenario assumes the alley vacation would
not happen, leaving a relatively small area to build on. Would that be an adequate area upon which to build?
PUBLIC HEARING
LARRY MEDINGER, 115 Fork, said he is the technical person, builder and friend of the applicant. He outlined the buildable
area on the site plan. There is a sewer line easement across the slope going over to the alley and down to Ditch Road.
Dotterrer/Black m/s to extend the meeting to 11 :00 p.m. Everyone approved.
Medinger said he believes the plan they are presenting is the best planning for the site. They are proposing two lots at .36
acres and one at .4 acres. They are proposing to set aside a significant amount of open space at the bottom of the
property. They are trying to relate to the other lots in the neighborhood. The distance from the south property line to the
north property line is 68 feet, making for a nice sized lot. The solar access is governed by a 16 foot solar fence, allowing
for a substantial house. He showed the proposed dedicated open space and trail. Their map says "easement" but the idea
is to dedicate that area, including the applicant's one-half of the vacated alley to the City. .
BRIAN SMITH, 290 Skycrest, stated they are proposing the partition so they can ultimately build a small, modest house and
dedicate the lower portion to the City. He noted that by dedicating the lower portion of the lot, a hiker, jogger, trail user
can traverse the slope and at some point tie into the Hald trail system. It gives more options to walkers and joggers.
There is another neighbor who is not willing to dedicate the property that would be the connecting piece.
Smith mentioned a letter from David Chapman endorsing the vacation of the alley only if the Smith's offered a trail
easement to the City. There is also a letter from Don Robertson, Parks and Recreation Dept., favoring the alley vacation
as long as they can have the trail option. There was a letter from Jim Olson, City Engineer. There was a letter from Rob
ASHLAND PLANNING COMMISSION
REGULAR MEETING
_UTES
NOVEMBER 8, 2005
5
. '.
Cain, President of the Ashland WoodlaDds and Trails ASsociation giving support of the alley vacation in exchange for a
1rail easement.
Medinger said the Variances are minor and the sizes are well within the mid-range lots in the Skycrest subdivision. This
lot is unique because it is the only lot ove.r one acre that has two building sites that can be developed.
staff Response. Harris said looking at the alternate scenario, the dimensions average 67 feet. The assertion by Medinger
that this proposal could come forward and not require Variances is probably not accurate.
Rebuttal. Medinger said you don't average the flag drive in the lot width.
COMMISSIONERS' DISCUSSION AND MOTION
Douma/Black mls to approve PA200S-01476 with the attached 19 Conditions of approval. Roll Call: Unanimous.
.---1 Douma/Str~mberg mls to recommend to the Council vacation of the alley right of way to the north of290 Skycrest. Roll
Call: Unanunous.
~ ,
Meeting Date Change - The December Planning Commission meeting will be held, Monday, December 12* at 7:00 p.m.
The Hearings Board will be held on the same date at 1 :30 p.m. in the Council Chambers. Dotterrer will be absent.
The Commissioners were asked to keep their packets from this month for the next meeting.
ADJOURNMENT - The meeting was adjourned at 11:00 p.m.
Respectfully submitted by
Susan Yates
Executive Secretary
ASHLAND PLANNWG COIIIIISSION
REGULAR MEETING
_UTES
NO\BBER S, 2005
6
CITY OF
ASHLAND
Council Communication
Meeting Date: January 17, 2006
Department: Administrative~ices
Contributing Departments: NA
Approval: Gino Grimaldi <:
A Public Hearing on a Resolution Adopting a Supplemental Budget Establishing
Appropriations Within the 2005-2006 Budget
Primary Staff Contact: Lee Tuneberg ,rr
E-mail: tuneberl@ashland.or.us
Secondary Staff Contact: None
E-mail:
Estimated Time: 10 Minutes
Statement:
A public hearing and resolution is needed to adjust the FY 2005-2006 Budget and keep the City in
compliance with Oregon Budget Law.
Background:
There are three ways in which to change appropriations after the Budget is adopted.
1. A transfer of appropriations decreases an appropriation and increases another. This is the
simplest budget change allowed under Oregon Budget law. This does not increase the overall
budget. This is approved by a City Council resolution.
2. A supplemental budget of less than 10 percent of total appropriations within an individual fund
follows a process similar to the transfer of appropriations.
3. A supplemental budget in excess of 10 percent of total appropriations requires a longer process.
This process includes a notice in the paper and a public hearing.
In FY 2005-2006 a proposed rate increase, subsidy and larger fund balance carry forward was
proposed to meet our financial needs. At this point, an anticipated rate increase in Cable TV rates
effective in early February and the fund balance carry forwards are less than expected. In December,
staff recommended utilizing the budgeted subsidy and additional fund balances from the Wastewater
Fund and Electric Fund in the form of a supplemental budget to help meet the anticipated shortfalls in
the Telecommunications Fund.
Council accepted staffs recommendations to use the $500,000 subsidy from the Electric Fund and a
supplemental budget to assure adequate financial resources (cash) for the Telecommunications Fund to
meet requirements at their December 6, 2005, regular meeting. A supplemental budget (Item #3 above)
is needed to adjust the FY 2005-2006 appropriations.
This is the second supplemental budget request for FY 2005-06.
Attached is a resolution for your approval. The recommended changes in the budget are explained after
each request.
Related City Policies:
None
r.l'
Council Options:
Council may accept this supplemental budget request as presented, recommend modifications as
discussed or defer acceptance (takes no action) awaiting further information or clarification.
Staff Recommendation:
Staff recommends approval of the attached resolution.
Potential Motions:
Council moves to adopt the supplemental budget resolution, amending the FY 2005-06 budget.
Attachments:
Notice of Supplemental Budget
Resolution adopting a supplemental budget establishing appropriations within the 2005-2006 budget
r.,
Notice of Supplemental Budget Hearing
A proposed supplemental budget for the City of Ashland, Jackson County, State of Oregon, for the
fiscal year July 1, 2005 to June 30, 2006 will be considered at the Civic Center, 1175 East Main Street,
Ashland, Oregon as part of the City's regular business on January 17, 2006, at 7:00 p.m. A copy of
the supplemental budget document may be inspected or obtained on or after January 4, 2006 at the
Finance Department, 20 East Main, Ashland, Oregon 97520 between 8:00 a.m. and 5:00 p.m.
A summary of the supplemental budget is presented below.
Resources Requirements
Wastewater Fund
Transfer Out $540,000
Working Capital Carryover $540,000
Electric Fund
Transfer Out $460,000
Working Capital Carryover $460,000
Telecommunication Fund
Contingency $1,000,000
Transfer In $1,000,000
To transfer cash from the Electric and Wastewater funds to the Telecommunication Fund to meet
financial requirements including debt service.
TOTAL ALL FUNDS
$2,000,000
$2,000,000
RESOLUTION NO. 2006-
A RESOLUTION ADOPTING A SUPPLEMENTAL BUDGET ESTABLISHING
APPROPRIA TIONS WITHIN THE 2005-2006 BUDGET
Recitals:
ORS 294.480 permits the governing body of a municipal corporation to make a
supplemental budget for the fiscal year for which the regular budget has been prepared under one
or more of the following reasons:
a. An occurrence or condition which had not been ascertained at the time of the
preparation of a budget for the current year which requires a change in financial
planning.
b. A pressing necessity which was not foreseen at the time of the preparation of the
budget for the current year which requires prompt action.
c. Funds were made available by another unit of federal, state or local government and
the availability of such funds could not have been ascertained at the time of the
preparation of the budget for the current year.
d. Other reasons identified per the statutes.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION I.
Because of the circumstances stated below, the Mayor and City Council
of the City of Ashland determine that it is necessary to adopt a
supplemental budget, establishing appropriations as follows:
Wastewater Fund
Appropriation: Transfer Out
Resource: Working Capital Carryover
$540,000
$540,000
Electric Fund
Appropriation: Transfer Out
Resource: Working Capital Carryover
$460,000
$460,000
Telecommunication Fund
Appropriation: Contingency
Resource: Transfer In
$1,000,000
$1,000,000
To transfer cash from the Electric and Wastewater funds to the Telecommunication Fund to meet
financial requirements including debt service.
G:\finance\Administration\Council CommunicationVanuary 06\Draft CC\Res - Suppl Bud 2006 #2 1-17~)6.doc
SECTION 2. This resolution takes effect upon signing by the Mayor.
This resolution was read by title only in accordance with Ashland Municipal Code Section
2.04.090 duly PASSED and ADOPTED this _ day of January, 2006:
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of January, 2006:
John W. Morrison, Mayor
Reviewed as to form:
-j/'1"
G'lfinance\AdministrationICouncil CommunicationlJanuary 061Draft CCIRes - Suppl Bud 2006 #2 1-17-06.doc
CITY OF
ASHLAND
Council Communication
Future Study Session Topics
Meeting Date:
Department:
Contributing Departments:
Approval:
January 17, 2006
Admin
None
Gino Grimaldi
Primary Staff Contact: Gino Grimaldi
E-mail: grimaldg@ashland.or.us
Secondary Staff Contact: None
E-mail:
Estimated Time: 30 minutes
Statement:
The purpose of this agenda item is to provide the City Council with an opportunity to review the schedule for future
study session items.
Background:
The City Council recently adjusted the schedule for study sessions and increased the number of study sessions
available. Study sessions are intended to provide the City Council with time to explore issues in more depth than
time allows during a regular City Council meeting. Generally, two topics can be presented and discussed at one
study session. The City Council does not act on ordinances and resolutions a study sessions. Past practice has
been to not take votes at study sessions, however, the City Council does provide general direction to staff at study
sessions.
The attached schedule for study sessions extends into late spring. It has been revised to reflect the discussions
of the City Council during the meeting of January 3, 2006. Items identified by the City Council as high priority
have been moved up in the schedule. This was made possible by moving several topics to regular City Council
meetings and dropping the study session topic regarding support of cultural and arts activities. A listing of study
sessions requested at the last City Council goal setting but not yet scheduled is also attached.
Related City Policies:
None
Council Options:
No action is needed unless the City Council wished to modify the study session schedule.
Staff Recommendation:
None
Potential Motions:
None.
Attachments:
Study session schedule
Items Designated For Future Study Sessions
~A'
CITY OF ASHLAND
COUNCIL STUDY SESSIONS
Februarv 9. 2006
1. Special Meeting for Charter - 7 p.m. start time
The purpose of this meeting is to present the draft charter.
March 9. 2006
1. Discussion of purchase of property north of RR District (No Change)
The railroad is having discussions with the State Department of Environmental
Quality regarding the cleanup of the property owned by the railroad. The purpose
of this study session is to discuss the impact that the cleanup will have on the
surrounding neighborhoods. In addition, since cleanup of the site is a signal that
future development could occur in the near future, it would be appropriate at this
time to review how the property might development under current zoning and if
the city would like to consider the purchase of portions of the property to meet
community goals related to affordable housing, open space and public
transportation.
2. Discussion of ordinance regarding ethics (Previously scheduled for April 13)
Issues regarding ethics have been raised during the review of the City Charter.
These study session is intended to present how other cities address the issue and
to seek Council direction regarding the city of Ashland's approach to ethics
Issues.
April 3. 2006
1. SDC review (No change)
Information will be distributed to the City Council prior to this meeting to
determine if a study session is needed.
2. Review and evaluate city boards and commissions (Previously scheduled for May 11)
This topic was originally raised as an issue during the 2005 City Council goal
setting.
Page 1 of3
ReVised 1/12/2006
Council Study Sessions 2006
April 13. 2006
1. Growth and infill issues (Previously scheduled for Fall 2006)
The purpose of this session is to review current policies that have an impact on
growth and infill and to discuss issues that might be of concern to the City
Council.
2. Chamber sustainability presentation (No change)
This study session relates to the City Council goal to produce a working economic
development plan. It is proposed that the first step in preparing a working
economic development plan is to review the work of the Chamber's Economic
Sustainability Committee.
Mav 1. 2006
1. Evaluate TTPC Plan and select priorities (Previously scheduled for June 8)
In August, 2000 the Transportation, Transit and Parking Committee (TTPC)
completed work on a Comprehensive Transportation Action Plan. The plan has
never been officially adopted. During the 2005 goal setting it was determined that
the most efficient way to move forward on issues regarding transportation would
be to review the TTPC plan and select specific recommendations for
implementation.
Mav 11.2006
1. Homeless issues (No change)
This topic was originally raised as an issue during the 2005 City Council goal
setting.
2. Study and adopt a funding plan for open space fund and housing trust fund (Not on
previous schedule)
This topic was originally raised as an issue during the 2005 City Council goal
setting.
June 8. 2006
1. Review City Council operating rules and procedures
This topic was raised at the January 3,2006 City Council meeting.
Page 2 of3
Revised 1/12/2006
Council Study Sessions 2006
Items moved from study sessions to re2ular City Council meetin2 of February 7
1. Discussion of food & beverage/transient occupancy tax collections process (Previously
scheduled for May 11)
2. Renewable resource purchase/community solar project (Previously scheduled for
February 9)
Page 3 of3
Revised 1/12/2006
Council Study Sessions 2006
ITEMS DESIGNATED FOR FUTURE STUDY SESSIONS
1. Act on a resolution requiring that all future City-sponsored construction proiects meet
LEED-equivalent standards.
2. Study and adopt a funding plan for Open Space Fund and Housing Trust Fund.
. Secure public support; initiate long-term funding mechanisms; identify funding
sources.
3. Evaluate the benefits, advisability, and feasibility of the creation of a downtown police
storefront substation.
. Include panhandling issue in the discussion.
4. Identify and adopt policies and methods to increase the tree vegetation canopy cover inside
the City limits annually
. Plan to conserve energy and protect the environment through carbon sequestration.
. Begin with feasibility study and putting in place a monitoring system.
5. Pro actively analyze Measure 37s potential effects both within the City and on adiacent land
in the County.
. Consider strategies and options for planning, services, and infrastructure.
6. Think globally, act locally, work regionally.
. Cooperate to address regional problems: worker housing, water supply, tranSIt
development, regional planning and transportation, industrial/commercial
development, Measure 37.
7. Promote highly energy efficient automobiles.
. Example: Hybrid-only parking space on every block in downtown district (Review
with Conservation and Traffic Safety Commissions.)
8. Secure a method of maintaining the current level of access, natural beauty, and value of the
Bear Creek Greenway.
CITY OF
ASHLAND
Council Communication
Request by the Ashland Housing Commission to expand their powers and
duties to include review of current planning applications that contain
affordable housing.
Meeting Date: January 17, 2006
Department: Community Deve ment
Contributing Departments: none
Approval: Gino Grimaldi
Primary Staff Contact: Br~~.. ~dman 552-2076
qoldmanb@ashland.or.u ,',
Secondary Staff Contact: BI olnar, 552-2042
molnarb@ashland.or.u~
Estimated Time: 30 min - ~"
Statement:
The Housing Commission formally requests that the City Council direct staff to modify the powers and duties of the Housing
Commission to allow the body to review those current planning actions that contain affordable housing components. The
Housing Commission would be incorporated into the established planning review process to provide recommendations to
the Ashland Planning Commission and City Council on applications that contain affordable housing units as required by the
land use ordinance, or as voluntarily provided for developments of greater than two residential units.
Background:
The Housing Commission decided at their October 17th meeting that they would request that the City Council consider
allowing the Commission to be part of the formal city plan review process. On October 24th the Housing Commission held a
Study session in part to discuss further the types of projects they envisioned reviewing as part of the current planning
process. On November 28th a letter was received from the acting Chair of the Commission, Matt Small that outlined the
rationale for this request (attached).
Currently for Commercial, multifamily, or subdivision projects the Tree Commission reviews the formal proposals to
determine whether the application complies with the criteria relating to landscape and tree standards. In historic Districts all
planning actions are reviewed by the Historic Commission to allow them to comment upon the historic design standards and
forward recommendations to the Planning Commission. Both Commissions function to inform the Planning Commission of
specific components of an application and whether the criteria relating specifically to their area of oversight are met in their
opinion.
Housing Commission review would work in a similar capacity to that of Historic or tree commissions in that the applicant
would present their application to the Housing Commission prior to going before the Planning Commission. As a
participating body in a quasi-judicial process, the Housing Commission would be a resource to both the Planning
Commission and applicants in determining the appropriate mix of housing affordability for a given proposal. Since the
standards for approval are clear and objective, with little room for interpretation, the Housing Commission's role in review of
applicable criteria would be limited. The Housing Commission recommendation would be evaluated by the Planning
Commission and incorporated as a condition of approval only if necessary to comply with applicable affordable housing
approval criteria. Additionally the Housing Commission could make suggestions to applicants that could be incorporated
into their proposal, on a voluntary basis, to better structure their projects to address the community needs. Such suggestions
may include, but not be limited to, providing guidance regarding unit size, maximum rent or purchase levels, the target
incomes of future residents, family friendly amen~ies, mass transit availability, energy efficiency, and the dedication of units
or land to be developed as affordable housing.
,;.,
The Housing Commission deliberated on the extent and type of Planning Applications they would review and determined
that they would like to isolate their review those projects that contained affordable housing units to comply with a criteria of
approval (annexations, zone changes, large scale development, condominium conversions, or density bonus credits for
affordable housing), Additionally the Housing Commission saw merit in evaluating those voluntarily developed affordable
housing projects of two or more units. Such projects would include those projects typically undertaken by non-profit
affordable housing providers and the Housing Authority of Jackson County. .
The addition of the Housing Commission to the established plan review process would necessitate additional administrative
responsibilities as well as a change in the regular meeting time of the Housing Commission to allow the review within the
120 day time line allocated for current plan review. Were the Housing Commission to have had the responsibility of current
plan review for the types of projects indicated above, the Commission would have reviewed six formal applications during
their monthly meetings over the course of the 2005 calendar year. Thus the proposed change in the duties of the Housing
Commission would have an impact on the focus of the Housing Commission in that a significant percentage of their regular
meeting time would be dedicated to this new responsibility
Staff has not determined the full extent of the impacts upon the Community Development Department both in terms of
increased administrative responsibilities as well as the additional responsibilities for the Housing Program Specialist and
Planners. The organizational audit of the Planning Department recently undertaken will be advantageous in evaluating how
significant these impacts would be given existing and projected workloads.
With City Council direction to proceed with modification of the resolution creating the Housing Commission and establishing
its objectives and responsibilities to include Planning Action Review functions, Staff can provide the Council with proposed
amendments to the powers and duties of the Housing Commission. At that time Staff can provide an evaluation of the
measurable impacts upon the review process, timing, and noticing requirements, and forward an estimate of the additional
workload on Community Development Staff.
Related City Policies:
Resolution 95-25
Resolution 96-18
Ashland land Use Ordinance 18.108 (Procedures)
Council Options:
The City Council can choose to approve, deny, or modify the request of the Ashland Housing Commission. Upon making a
determination the Council could direct staff to prepare the necessary modifications to the resolution, or to the municipal
code, to bring to Council at a subsequent meeting for review and adoption.
Attachments:
Request letter from Matt Small dated Nov.28, 2005
Resolutions 95-25 and 96-18 establishing the objectives and responsibilities of the Ashland Housing Commission
Memo to Housing Commission dated October 17, 2005
Housing Commission Minutes from the October 17th regular meeting.
Housing Commission Minutes from the October 24th Study Session.
r~'
CITY OF
ASHLAND
Housing Commission
20 E. Main Street
Ashland, OR 97520
November 28, 2005
Honorable Mayor and City Council Members
City of Ashland
20 E. Main Street
Ashland, OR 97520
Re: Housing Commission Request
Dear SirslMadams:
The Housing Commission would like you to consider the following request to be part of the formal. city
plan review process. It has become apparent to this commission that we are missing a great
opportunity to not only help developers respond more effectively to a project's housing related issues
but also, at the same time, raise the level of awareness to the very significant issue of workforce
housing in Ashland.
The Commission believes that the benefits to the city would be many. Project applicants would have
access to a great deal of knowledge on the complicated issue of workforce housing, including such
matters as appropriate income ranges, financing options and certain design elements. Perhaps,
though, the greatest benefit would be an increased awareness of this important issue by Ashland's
developers, architects, planners, and general citizenry.
The Commission is very aware of the time sensitive nature of the plan review process and also of the
potential increased work load on staff but feel that with careful consideration we can find a review
method that would minimize its impact on both of these areas. To this end we are open to looking at all
options, and, of course, we would be involved only in those projects where workforce housing is a city
requirement or a voluntary effort by the project applicant.
Thank you for considering this request. We believe that a proactive approach is necessary to raise the
issue of workforce housing to its proper relevance and further believe that by allowing this commission
to be part of this review process we will have taken a great step in that direction. We look forward to
hearing from you soon.
Sincerely,
~.~
~h~: J.':J~a"
Vice Chair City of Ashland Housing Commission
".111I
RESOLUllON NO. 95- cf/ 5
A RESOLUTION CREATING THE ASHLAND HOUSING COMMISSION
AND ESTABUSHING ITS OBJECTIVES AND RESPONSIBIUTIES.
THE CITY OF ASHlAND RESOLVES AS FOLLOWS:
SECTION 1. Ashland Housing Commission - Established. The Ashland Housing
Commission Is estabUshed and shall consist of nine voting members, one of which
shall be a city councilor appointed by the Mayor as liaison to the commission and
one non-voting ex.officio member who shan be the CIty HousIng Officer. The voting
members shalt be appointed by the Mayor, with confirmation by the City Council.
SECTlON 2. Tenn - Vacandes. The term of eight of the voting 11".err"~ C'
three years expiring on April 30 of each year. The term of the council liaison
for one year. Any vacancy shall be fiDed by appointment by the Mayor, with
confirmation by the city council, for any unexpired portion of the term. The of
the initial eight members shall be two for one year, three for two years, and ree for
three years. Any commissioner who is absent from four or more meetings In one
calendar year, without being excused, shall be considered no longer active the
position vacant, and a new oonvnissioner shalf be appointed to fill the
SEcnON 3. Quorum - Rules and regulations. FIVe voting members of the
commission shall constitute a quorum. At Its first meeting of the year the
shall elect a chair. vice-chafr and secretary, who shall hold office at the
commission. The commission may make rules and regulations for Its govern
procedure, consistent with the laws of the state, city charter and ordinances
meet at least once every mon1h.
SECTION 4. Mission. The mission of the Ashland HousJng Commission is to
encourage housing that is available and affordable to a wider range of city
and preserves the diversity and character of the convnunity by providing
t~ enhance cooperation between the pubflO and private sectors, encou nt of
financial entities. to ~ housing programs in ;he city, sod coortill1atkJn of ing
and supportive services programs. .
. Powers and Duties - Generally. The powers and duties of the
com shall be as follows: ~~ ~~ '1G. ../8
A. To develop mend coordinated housing and supportive services
pr:ograms;
B. To recommend housing
C. To review and make recomme . s to the city council and budget
committee on ConvnunIty Development Block CDBG) and related allocations;
D. To Investigate federal. state, county and private
city hou~ng programs;
PAGE 1-RESOLUTlON (p:anM0UIIng3."-J
---
E. To oversee the compilation of accurate infQ(~on--ori1he city's housing supply
and affordability;
F. To monitor projects funded with ommunity Development Block Grant
(CDBG) and the Housing Trust E ;
G. To act in an capacity to the Mayor and City Council regarding
housing and reI es in the city and the city's properties;
H. li r public knowledge and support of official city housing programs.
----
SECTION 6. Reports. The commission shall submit copies of its minutes to the city
council and shall prepare and submit such reports as from time to time may be
requested by the mayor and city council.
SECTION 7. Compensation. Voting members of the commission shaU receive no .
compensation for services rendered. 'The cormissfon may. receive ~; bequesta, or
devises of property to carry out any of the purposes of this resolution, which shall be
segregated from other funds for use by the commission with the approval of the city
council.
This resolution was read by tiIIe only in accordance with AshZ=: Code
52.04.090 duly PASSED and ADOPTED this 19 day of , 1995.
,
.Ik~~~~
B8rbara Christensen, City Recorder
SIGNED and APPROVED this ~O
day of ~
/
. 1995.
~14~
Catherine M. Golden, Mayor -
~
PAGE 2-RESOlU110N lp:onNMwIno3.....'
RESOLUTION NO. 96- A.
A RESOLUTlON AMENDING ntE POWERS AND DU11ES
OF ntE ASHLAND HOUSING COMMISSION
The CIlv of Ashland R880IvM as follows:
SEcnON 1. SectIon S (0) 8hII be deleted from Resolution No. 95-2S relative to the POW8l'8 and Dudes
d the Ashland Housing CornrnIsaIon.
ThIs resolution was read by tide only In accordance with Ashland Municipal Code 12.04.090 d~
PASSED and ADOPTED this 20th day d February, 1996.
~~
Barbara CtvIstensen, Cky Recorder
SIONED and APPROVED this AI day d ~. 1996.
~h~
Catherine M. Golden, Mayor
. ~P;;;iJ';/b--
Paul Notte. CIty Attorney
PAGE1-RESOWnON
t:a,~ )
ASHLAND HOUSING COMMISSION
MINUTES
October 17, 2005
CALL TO ORDER
Chair Matt Small called the meeting to order at 6:31 p.m. at the Community Development and Engineering
Services Building located at 51 Winburn Way, Ashland, OR 97520.
Commissioners Present:
Council Liaison:
Staff Present:
Matt Small, Chair
Alice Hardesty
Liz Peck
Bill Street
Carol Voisin
Jennifer Henderson
Don Mackin
Faye Weisler
Cate Hartzell
Goldman Goldman, Housing Specialist
Absent Members:
APPROVAL OF MINUTES
Chair Matt Small asked if any changes to Minutes, none indicated. Voisin/Henderson m/s to approve the
Minutes of the September 19, 2005 meeting. Voice Vote: All Ayes, Motion passed. The Minutes of September
19, 2005 were approved.
PUBLIC FORUM
Aaron Benjamin broached topic that if Council had more power could require School Board and Parks to make
more land available for affordable housing. Tax source is the same for City and School Board, but the problem
is that Council does not have legal power to override the decisions of the School Board. The Council probably
has legal power to override Park Commission, but does not have the political will to do so.
Hueles spoke about the Solar Learning Center, which is a zero net energy light industrial building with 50
boxes for low-income people for $100. He proposed to the Commission that they consider including in
Affordable Housing projects the zero net energy houses.
APPROVAL OF MINUTES
Hardesty reopened discussion of the previously approved Minutes, noting two required changes. Page two,
paragraph five, under Community Development Department Staffing and beginning "Mackin had a question..."
discussion about the terms committee, commission, and sub-committee. Use of the terms was explained
satisfactorily. In addition, Melissa Mitchell name is misspelled in two places in the Minutes and should be
spelled Melissa Mitchell-Hooge. Voisin/Hardesty m/s to correct misspelled name in Minutes and Voice Vote: All
Ayes, Motion passed. The Minutes of September 19, 2005 were approved as corrected.
PROJECT UPDATES
Goldman stated that the Housing Alliance Strategic Session met on October 11, 2005 in Salem to discuss what
Legislative items they will be considering to put forth for the 2007 Legislative Session, one year and three
months early. Specifically they talked about implementing or requesting the Legislature to implement a
document stamp tax which is a fee on every document recorded with the funds generated to go to affordable
housing. The idea now is that there is a cap in the Oregon revised statutes that those fees cannot be more
than $11. The proposed idea of an increase to $15 will raise $10m in income, if increased to $20 will generate
$25 million in income and exponentially up each year in perpetuity for the State. The State would then be in a
position to reallocate, likely to the Counties that generated those taxes. Legislatively it would be a hard fight in
that the Assessors in the Counties would see that the funds typically go to them and that any kind of a set aside
would be a dilution of that historical pattern. Additionally, one of the Lobbyists mentioned that in 1989 a deal
was struck that people would not go forward with the real estate transfer fee if a document stamp tax was
approved which it was.
The other item that they were looking at seriously was the real estate transfer fee. The Lobbyist felt that there
was probably room in terms of looking at the document stamp tax fee for some kind of an agreement that they
would not pursue the real estate transfer tax this year. Goldman raised objection to that in terms of not
wanting to eliminate that as a potential in any Legislative Session. This was a meeting to outline what items
they will be considering so there is an opportunity to voice input and Goldman will circulate to the Commission a
ranking of which items the Commission would like to see go forward. Peck raised a question about the
document stamp tax in some states being the same thing as a real estate transfer tax. The distinction between
Page 1 of 4
a document stamp tax and a real estate transfer fee under the context that they are discussing it is that the
document stamp tax is a set dollar number that does not go up as property values go up. The real estate
transfer tax is percentage-based tracks with the market. Peck asked where the $11 currently goes and
Goldman replied that it goes to the Assessors, with $1 going to Geographic Information Systems. If tax is
raised to $15, they are asking that the $4 increase all go to affordable housing. Peck questioned the deal about
agreeing not to pursue the real estate transfer fee. Goldman replied that the Lobbyist mentioned the
opportunities for a trade-off, which prompted Goldman to question the Lobbyist about the kind of trade-off and
what assurance we would have about not being in a position to apply for it in a future year and not step on toes
with an agreement similar to 1989. Subsequent to the meeting, John Van Landekamp, a lawyer that is strongly
involved in affordable housing, suggested to Goldman that this was an area they needed to come to agreement
on as a group, before going forward for precisely that reason. Saying we will not go for it this year is one thing,
but saying we will not go for it at all is what they said in 1989.
The other items addressed included a formal working group for no-cause evictions whereas currently tenants
can be given a 30-day notice and evicted without cause. Establishing for-cause evictions only, would provide
more stability for tenants in a household. There was also discussion of inclusionary zoning as a funding
mechanism, which would generate affordable housing. There was a five-minute presentation on all of these
topics and then general discussion about each one for 10-15 minutes.
Another topic was lottery funds and using a portion of proceeds to fund affordable housing and asking the
Legislature to look at that possibility. Two additional sources of funding discussed were a General Obligation
Bond at the State level similar to California's recent passing of a $2.1 billion General Obligation Bond to support
affordable housing. There was discussion about something similar in Oregon, in smaller numbers, perhaps with
proceeds from the lottery as the guarantee against the General Obligation Bond. The reason the lottery was
brought up is that the projections of revenue produced in the budget cycle a consensus is that they are low.
Since then online gaming has been implemented with expectations of a 20% bump in revenue over and above
what was projected for lottery revenue last year.
The last funding source discussed was the Oregon Housing and Community Services, which has a reserve fund.
The reserve fund is utilized to improve their credit rating to obtain loans, and they maintain a $16 million
reserve fund. The Housing Alliance suggested that there might be an opportunity to have that accounted for
and to have those funds allocated, reserving money to cover their indebtedness, but that any surplus be used
for housing now. Agreed that there might be advantage in clarity of fund level and what they are used for and
having the Legislature require an audit of those funds.
Goldman stated that there were about 40 organizations present and that he would provide a membership list.
The City of Ashland, the City of Eugene, the City of Beaverton, and the City of Portland are members and were
present. Additionally, Multnomah County and Washington County are members as counties. Most of the others
are nonprofit organizations, the Neighborhood Partnership Fund, Lane County with John Van Landekamp from
Lane County, the Food Bank, NOAH the Affordable Housing Bank, and associations of the housing authorities
were present. Additional attendees were Affordable Housing providers, the Food Bank, and CAT the Citizens for
Advocacy of Tenants. Goldman explained that the Lobbyists fit in through the Housing Alliance collecting dues
from members, the City of Ashland pays dues into the organization (Oregon Action and Jackson County Housing
Coalition were there) and the dues are used to hire a Lobbyist and the Lobbyist firm conducts interviews with
Legislators. Our Lobbyist is Mike of PAC and Goldman will provide name for Commission members. Goldman
affirmed that is his impression the idea of real estate transfer tax has been shelved because the conference
synopsis did not include mention of the real estate transfer tax as an item of discussion. There is still reticence
on whether we can go forward on real estate transfer fee. Janet Bird strongly advocated real estate transfer
fees, as did Goldman, and Oregon Action. Janet Bird forwarded the General Obligation Fund and there was an
opportunity to block an item and an opportunity to voice extra support with stickers for the item. There were
four stickers in support of real estate transfer tax, which is strong support, one for inclusionary zoning, and
three blocking the Oregon Housing Community Services revenue and one in support of the Lottery. Many
organizations chose not to voice a strong recommendation or a block. Goldman indicated that while it was not
included in the synopsis, that he would ask the Housing Alliance why it was not included as a topic of discussion
in the synopsis. In terms of a trade-off for the document stamp tax it seemed like it would not drop off their
list until there was agreement for a revenue source to be supported. Hardesty voiced the opinion that a
document stamp tax is a poor trade-off for a real estate transfer tax. Even if it is $100 per transaction, it is a
retrogressive tax and a poor trade-off.
Goldman will circulate to the Commission a survey document asking whether they think it is winnable, whether
they think it will have some financial return, whether it is something they would drive to Salem to support as an
indicator of how important it is. Goldman will circulate, collect results, and forward to the Housing Alliance.
Page 2 of 4
The Housing Alliance next meets December 14, 2005 at which point they will take those items and see if they
can come to some kind of agreement as to which ones they will move forward.
This is a brief update on the RVCDC and ACLT projects. RVCDC had their groundbreaking on September 27,
2005. Lease agreements are completed and ready to sign and USTA is looking at next Tuesday for completion
of their part of the loan package, which would put all of the construction dollars in place. They pulled the
building permit for nine units. ACLT closed on a property next to their six-unit development on Garfield Street,
across from Garfield Park. This will be turned into two units and they are currently working with Habitat for
Humanity as the potential builder of those units for two low-income ownership units.
On the Buildable Lands Inventory Goldman was told he would have an application completed and that all data
entry is completed, but the GIS mapping is not quite ready. Goldman suggested this as an item with a full
presentation for the next Housing Commission meeting to talk about the actual available acreage. The
Multifamily Housing Unit counts are in the same situation with all the data entry completed. The data have not
been aggregated into tables that can be distributed as understandable. Goldman then reaffirmed that the next
Housing Alliance Strategic meeting is tentatively scheduled for Wednesday, December 14, 2005. If anyone
would be interested in attending, please e-mail Goldman, with the understanding that the location will be in
Salem or Portland.
OTHER BUSINESS FROM HOUSING COMMISSION MEMBERS
Peck reported on two meetings with Kendrick, noting that representatives attended in place of Bob Kendrick.
David Schiever will be the Kendrick negotiator through the process and Evan Archerd was present on behalf of
ACLT. The first meeting was fact gathering. Peck proposed a lowering of the targeted percent of income below
the 80% range because this would be beyond workforce housing. The downtown area is more suited for
workforce housing and the project is small enough that it did not need to go from 30% to 80%,. leaving out the
mid-range. Peck raised questions about the apartment size, noting that the size of HUD housing offers more
livable spaces. Open space issue was raised because it was not shown. There was a meeting where Kendrick
stated that if ACL T could not come up with funding for the affordable housing they would go to another source.
Since this is all about affordable housing, where would they go and what would happen to the project. The
issue was sent back to be clarified. Goldman reported on the discussion about the appraised value of the
commercial airspace in terms of determining a value of how much the Kendrick Enterprise proposal was
assisting the affordable housing component and then how much the commercial airspace was worth to
determine whether it was a lease or a fee simple transaction. They requested a fee simple transfer rather than
a lease for ease in their financing. The legal department raised the issue of the risk this would put the City in,
in terms of foreclosure.
The second session revisited the open space issue, and discussing with the project next door a compromise to
facilitate the open space plan on the side of the building. They would lose two affordable housing units and
three parking spaces to shift the line over four feet. There is a courtyard in the middle for use as public space
that the City had asked be included. The adjoining property meanders on the side creating a plaza on Will
Dodge Way, which the Planning Department advocated. However, the affordable housing is primary and
Goldman asked planning to reduce this area. Evan Archerd will absorb the cost of the architects meeting on the
issue of finding a remedy to create a better plaza and pedestrian pathway through the project. There will be a
revision of 80% and 30% to 60% and 50% income levels. While the overall square footage will be smaller, the
overall design will be modern and expansive in feel.
Goldman had asked for a more detailed project proforma with a line item of contributions to each courtyard
space. They showed us 50% attributable to commercial and 50% attributable to affordable housing in terms of
cost, but we are looking for more ways to absorb development cost from the commercial side reducing the cost
of affordable housing. They will discuss and come back to Commission with an answer.
The City was prepared to look at the value of the property, determine a lease amount for that, and not look at
the profitability of the individual commercial space. There is an option to appraise the property based on
income generation potential, as opposed to looking at their monthly balance sheet, to determine a dollar value
at the front end to contribute to the construction of the affordable housing. Goldman stated that the issue is
still unresolved. One difficulty of a formal appraisal is that if we are planning to go back to Council in December
or January, so that ACLT can submit an application by February 23, 2006 deadline, an appraisal being eight
weeks out puts that in question. Goldman discussed issue with Gino and they decided that an appraisal was the
best way to get a clear determination of what its market value is, and then try to determine what the
encumbrances are in terms of public parking and affordable housing and how they detract from the market rate
if you were to sell the property. Kendrick is donating time, expertise, infrastructure, design, accounting, costs
typically born by affordable housing developer to build. There is no income stream from the commercial
element. Goldman stated that rents are the income stream from affordable housing component to offset debt.
Page 3 of 4
City Council determined that there should be a value assigned to the commercial airspace that the City Council
could charge for and the City Council would determine how to reallocate those funds. Goldman recalled
Kendrick stating that Kendrick could act as a developer to develop the property on behalf of the City and take a
developer's fee and the City would own the property, but this is not the public/private partnership being
discussed.
The next meeting is Friday, October 28, at noon with a list of items, no agenda, and roundtable discussion.
Street asked if the cost of maintenance of affordable housing units over time had been discussed and the
answer was no.
Hardesty proposed agenda items for next meeting: tax on non-owner occupied homes, rental property,
specifically vacation homes - Reeder is researching legality of tax. Recommend to exempt less than $800
rental for houses. Second item relates to land acquisition and the Land-use subcommittee; report will be
presented later in tonight's meeting. 50S Plumbing property has sold.
NEW BUSINESS
Since the Planning Commission does not look at problems related to affordable housing issues, should Housing
be involved at pre-application point wrth Planning. Planning Commission has two roles, quasi judicial of
evaluation of individual planning actions and whether they meet rigid criteria and to forward legislative changes
to City Council in terms of Land-use Ordinance. Discussed the Goldman memo, the 120-day rule, and when a
planning action item is complete and the 120-day clock starts.
The Housing Commission will have to self-educate regarding the parameters of the Planning Commission
projects, how Housing might contribute to the project, and educate community of Housing importance. Collect
ideas in pre-application meeting with small group and Goldman, then present to Housing Commission. City
Council can then educate community on importance of Housing Commission involvement. Hardesty suggested
that Housing meet with developers and community at pre-app point. Street stated that we test pre-app. dialog
with all involved including media or applicant will not come back. Establish parameters to evaluate projects
that Housing wants to be involved with and which to exclude.
Street/Peck m/s to recommend resolut:ion to Council that Housing Commission be included in planning action
review function. Voice Vote: all ayes; motion passed.
Goldman suggested formation of a review board convened when affordable housing pre-application is filed.
This should include participation by City Planner and developer to determine scope of project and how many
units and sale price. Housing Commission wants to hear Clay Street annexation.
Henderson recommended that discussion items be placed on Agenda in advance of meeting, not introduced at
meeting, or place a time limit on new business items of one minute, then place on next meeting Agenda.
Postponed Reports to the next Study Session.
Employer Assisted Housing met October 3 and again this week on Wednesday. Workshop is on December 2,
from 9-2 at Pioneer Hall. Workshop structure will consist of a panel, loan officer, tax person, and property
manager. Employers will do case studmes: City, Sky Research (Geological mapping), Greenleaf, and looking for
two more because School District and tlospital backed out. Each case study will be a 10-15 minute
presentation and the panel will respond. Announce at beginning of meeting that only participants will speak,
but a future Public Forum will be scheduled for community input.
Agenda for Study Session items
1. Pre-application and a checklist
2. Develop a strategy with Schoo4 District and Parks how City can obtain public land
3. Educate community about Ashland Affordable Housing program and what Land-Use items trigger this
4. Sub-Committee and Liaison reports
5. Priorities and report to Gino
6. Students to survey price and availability of rental inventory
ADJOURNMENT
The meeting was adjourned at 8:31 p.m.
Page 4 of 4
CITY OF
ASHLAND
ASHLAND HOUSING COMMISSION
STUDY SESSION
MINUTES
October 24, 2005
CAll TO ORDER
Liz Peck, Acting Chair called the meeting to order at 5:40 pm. on October 24th, 2005 at the Community Development and
Engineering Services Building at 51 Winburn Way, Ashland, OR.
Commissioners Present:
Liz Peck, Acting Chair
Alice Hardesty
BillS treet
Carol Voisin
Don Mackin
Matt Small, Vice-chair arrived at 6:10 and became Acting Chair
Faye Weisler
Cate Hartzell
Brandon Goldman, Housing Specialist
Absent Members:
Council liaison:
Staff Present:
Subcommittee uDdates
Education
Carol Voison spoke of the work of the Education Subcommittee in developing the upcoming Employer Assisted Housing
(EAH) Workshop.
Date is December 2, 2005 from 9-2:00
Interviewees have been underway and the subcommittee is looking at a number of representative case
studies including:
o City of Ashland
o Greenleaf Restaurant
o Ashland Community Hospital
o Sky Research
Panelists have been identified and include:
o FannieMae, Tonya Parker
o HomeStreet Bank, Jennifer Larson
o RVCDC, Ron Demele
o A rental expert (Jim Kuntz?)
o A business tax specialist
land Use
Liz Peck noted that the prior Land Use Subcommittee meeting consisted of herself and Brandon Goldman. At this meeting
they spoke about suitable properties and opportunities for land acquisition. They discussed conducting a "field trip" to look at
the identified properties and spoke about realtor representation selection.
Hartzell questioned where land acquisition is in process and Goldman explained that there is still not a resolution on where the
funds to pay a consultant would come from. Hartzell requested Goldman resolve the issue and obtain the needed money for
Real Estate Services. Goldman stated he would work with Bill Molnar, acting Community Development Director, to identify
where the consultant services cost could be covered in the adopted budget.
Finance
The Finance Subcommittee had not met but had scheduled a conference call with Mary Brooks [ Housing Trust Fund
Specialist] to occur in early November.
Liasion uDdates
Hardesty spoke briefly regarding her conversations with School Board members and the Chamber of Commerce. Commented
on the need for the Chamber to produce "family friendly marketing". Noted the Chamber will advertise the EAH meeting in
their news letter provided they receive materials by November 14th.
Peck spoke briefly about her attendance at the Planning Commission hearing regarding 11 First Street. She saw value in
further Planning Commissioner Education and perhaps future Trainings. Hartzell indicated Diana Shavey [ affordable housing
consultant] would be available on December and indicated that there would be considerable value in a training provided by
Shavey to the Housing Commission, Planning Commission, and City Council would be. Goldman asked what informational
need of the Commission would they see such a training addressing. Voison questioned Hartzell on how Shavey's presentation
could help them specifically. Hartzell explained Shavey's expertise in affordable housing and that she could help educate both
on general programs and specific financing tools.
Plannina Review Process
Goldman presented on the potential expansion of the Housing Commissions role to include planning review, and implications
it may have on their activities. Further Goldman noted that such a change in the resolution assigning the Housing Commission
powers would be made by Council and that the Housing Commission should send a letter requesting such for consideration.
Goldman noted that Staffwill prepare a Council Communication but that a request letter and presentation by the Housing
Commission would be necessary.
Don Mackin expressed the perception that added review could be seen as onerous to developers and without criteria some
comments may not have a legal standing. Hartzell spoke regarding the educational opportunities to the Housing Commission
to understand the code their involvement in planning review would provide, and noted it would also provide better exposure for
the Housing Commission and affordable housing. Mackin suggested the Housing Commission receive a monthly report on
projects in the housing pipeline, including any specific issues on those projects.
Jennifer Henderson stated the broadening the visibility of the Housing Commission before the Planning Commission, by being
a participant in the current planning review process, was a positive. Bill Street explained that currently developers only do the
minimum necessary, and that adding Housing Commission reviews may provide the opportunity to work with developers to
create more affordability.
Goldman asked the Commissioners to define the types of actions the Housing Commission would review. There was
consensus that the Housing Commission should review all projects that have affordability requirements [per land use ordinance
or CDBG or City Funding], and further stated that voluntary affordable projects of 2 or more units should come before the full
commission. Commission members forwarded items for consideration when reviewing planning proposals could include:
-Family friendly amenities
-Mass Transit accessibility
-Dedication of affordable units or land to be developed as affordable
-Energy efficiency of units
Housina Goals
Small suggested that at the subcommittee level the Action Plan strategies and previously identified Housing Commission Goals
be prioritized and come back to the full commission at the next regular meeting for vetting. The commission agreed to do this
as there was no further time available in the study session to undertake the prioritization process.
ADJOURNMENT - The meeting was adjourned at 8:30 p.m.
ASHLAND HOUSING COMMISSION
STUDY SESSION MINUTES
Oct 24, 2005
2
CITY Of
ASHLAND
Council Communication
Meeting Date:
Department:
Contributing Departments:
Approval:
Council Election of Chair to City Council ; ~
January 17, 2006 Primary Staff Contact: Gino Grimaldi -.5
Administration E-mail: grimaldg@ashland.or.us
None Secondary Staff Contact: None
Gino Grimaldi Estimated Time: 10 Minutes
Statement:
Council election of chair to City Council.
Background:
At a Council regular Council meeting in the month of January, the Council shall by ballot elect a Chair
of the Council from its membership to serve for one (1) year. He/she shall, during all times when the
Mayor is absent or unable to attend to his/her duties or act in any manner, have and exercise the
powers and perform the duties of the Mayor, except that he/she shall retain his/her Council member's
right to vote. If, at any meeting of the Council, both Mayor and Chair are absent, the Council members
present shall elect one of their number as Chair Pro Tem, who shall preside at that meeting.
Related City Policies:
Charter of the City of Ashland, Article VIII, Section 8.
Council Options:
Elect a chair of the council to serve for the year 2006.
Staff Recommendation:
No recommendation. This communication is for informational purposes only.
Potential Motions:
Council moves to elect a Chair of the Council to serve for one year.
Attachments:
None.
r~'
CITY OF
ASHLAND
Council Communication
Approval of Public Contract Greater than $75,000 - QWEST, Internet Bandwidth
Meeting Date: January 17, 2006 Primary Staff Contact: Lee Tuneberg pt}.-
Department: Finance - purchfsi E-mail: tuneberl@ashland.or.us
Contributing Departments: Ashlan er Network Secondary Staff Contact: Richard Holbo
Approval: Gino Grimaldi E-mail: holbor@ashland.or.us
Estimated Time: 20 Minutes
Statement:
This action is to request City Council, as the Local Contract Review Board, to accept the 24-month agreement
with Qwest to provide internet bandwidth and a local loop connection from inside the AFN headend control room
to the Owest data network.
Sourcing Method:
Under the Ashland Municipal Code, public contracts for internet bandwidth are exempt from the competitive
process; therefore, services for internet bandwidth can be awarded directly through negotiations with the service
provider.
AMC Chapter 2.50.070 Formal Competitive Selection Procedures-Exemptions,
All public contracts shall be based upon formal competitive selection requirements of ORS 2798.050(1) or ORS
279C.335(1), except as expressly provided in this subsection, or by subsequent ordinance or resolution.
L. Contracts for purchase or sale of water, electricity, cemetery lots, cable and telecommunication services,
including internet bandwidth, and the sale of telecommunication materials or products or other services,
materials or products traditionally provided by the City.
Background:
Contracting for bandwidth has been difficult and irregular for the City of Ashland and its AFN service. From the
time that bandwidth service was first procured the telecommunications industry has changed dramatically and so
have the suppliers of, and costs for, this commodity.
In four years costs for needed bandwidth have dropped from nearly $250,000 per year with limited choices to
approximately $104,000 per year from two suppliers. Ashland has gone from one supplier, to contracting with as
many as five providers and even to no contract thus getting service on a month-to-month basis.
The current purchasing rules exempt bandwidth from bidding yet annual contracts will have a si~lnificant price per
year and Ashland's purchasing rules require the contract come to the LCRB for approval. AFN currently is
utilizing two suppliers for bandwidth - a February, 2005, contract with Hunter for 30 megabits at $3,000 per month
and Qwest for 45 megabits at $6,500 per month.
This contract was discussed as part of the December 15, 2005 study session. The contract was negotiated to
provide needed bandwidth, obtain important cost savings and resolve service issues and liabilities with Qwest. A
r.,
contract was not finalized between Qwest and Ashland in 2003 resulting in a potential violation of our purchasing
procedures and an operational vulnerability that lasted nearly two years.
This agreement should have been brought to Council in August for approval however Qwest required immediate
submittal in order to guarantee the lower price and level of service. Getting a legible version from Qwest for
Council review also delayed presentation.
The services being provided by Qwest provide the City a redundant but necessary separate local loop connection
that terminates directly in the AFN headend control room. The Qwest connection provides additional internet
bandwidth and secondary coverage - separate loop connection - if there is an internet outage across the fiber line
from Ashland to Medford.
Even though exempt from the competitive process, quotes were requested from several suppliers for Internet
Bandwidth. Qwest was the lowest bidder at $78.22/Mbit and Hunter Communications was the second lowest
bidder at $1 OO/Mbit. The department feels strongly at this time that it is in the City's best interest to have two
sources for Internet Bandwidth.
The Qwest DS310calloop connection is $3,000 per month, $36,000 per year. For a business the size of AFN, It
is a standard practice in the industry to have a minimum of 2-3 separate isolated transmission lines. The Qwest
DS31ine is located underground and the AFN fiber line to Medford is located overhead. In the recent past, a fire
in Medford destroyed the AFN fiber overhead line, and the Qwest DS3 local loop underground connection enabled
AFN to continue providing high speed internet and data services. The department feels strongly at this time that
the City must have a minimum of two means of receiving Internet Bandwidth.
Previous cost per month:
Current proposed costs:
$11,500 per month
$3,520 45Mbits per month
$3,000 Local loop connection per month
$313 One-time set up charge
2-Year Agreement / 24 Months: $156,793.00
Related City Policies:
AMC Chapter 2.50.060 (2) The Purchasing Agent is authorized to recommend that the Local Contract Review
Board approve or disapprove contract awards in excess of $75,000, or to change orders or amendments to
contracts of more than $75,000.
Council Options:
Local Contract Review Board can approve the public contract or decline to approve the public contract.
Staff Recommendation:
Staff recommends that the public contract with Qwest for internet bandwidth and local loop connection be
approved based on the written findings.
Potential Motions:
Local Contract Review Board moves to award the public contract.
Attachments: Written Findings.
The Qwest contract agreement is confidential; a copy will not be attached.
r~'
CI1'Y OF
ASHLAND
Memo
DATE:
September 15, 2005
TO:
Lee Tuneberg, Finance Director
FROM:
Richard Holbo, Telecommunications Engineer
RE:
Written Findings - QWEST. Internet Bandwidth and Local Loop Connection
AFN must purchase Intemet Bandwidth in order to provide high speed internet data services to our customers. AFNs current
bandwidth needs are in excess of 70 Mbits per month.
We currently purchase 30 Mbits from Hunter Communications at $1 OO/Mbit or $3,000 per month which is transmitted over the
existing AFN owned fiber line that runs from Ashland to Medford.
The remaining 45 Mbits of Intemet Bandwidth that is required to meet our current needs is purchased from Owest for
$78.22/Mbit which is received over a DS3 local loop connection that terminates directly in the AFN headend (AFN network
control room).
There are several sources for Internet Bandwidth; but, Owest's DS3 local loop connection is the only other practical means of
transmitting Intemet Bandwidth directly to the AFN headend. Other companies could provide internet bandwidth via Owest's
local loop connection; however, we feel it is in the City best interest at this time to negotiate directly with Owest for the
additional DS3 local loop connection (separate transmission line terminating directly in the AFN headend), including Intemet
Bandwidth.
The Owest DS3 local loop connection provides network redundancy - secondary coverage - if there is an internet outage
across the AFN fiber line from Ashland to Medford.
Purchasing Internet Bandwidth from two sources and having two completely separate means of receiving the Internet
Bandwidth being transmitted to the AFN headend allows us to have greater control and network reliability.
Public contracts for Internet Bandwidth are exempt from the competitive process; however, we did request quotes from
several suppliers for Internet Bandwidth. Owest was the lowest bidder at $78.22/Mbit and Hunter Communications was the
second lowest bidder at $100/Mbit. We feel strongly at this time that it is in the City's best interest to have two sources for
Internet Bandwidth.
The Owest DS3 local loop connection is $3,000 per month, $36,000 per year. For a business the size of AFN, It is a standard
practice in the industry to have a minimum of 2-3 separate isolated transmission lines. The Owest DS3 line is located
underground and the AFN fiber line to Medford is located overhead. In the recent past, a fire in Medford destroyed the AFN
fiber overhead line, and we had the Owest DS3 local loop underground connection to continue providing high speed internet
and data services. We feel strongly at this time that the City must have a minimum of two means of receiving Internet
Bandwidth.
Ashland Fiber Network
90 N. Mountain Avenue
Ashland. Oregon 97520
www.ashland.or.us
r4.1
Council Communication
Ratification of new agreement with the IBEW Electrical Workers Union /
Meeting Date: January 17,2006 Primary Staff Contact: Michael Frane1l488-535~~flf!l' i~
Department: Administration~ franellm(ci}ashland.oLus f l
Contributing Departments: Human R ces Secondary Staff Contact: Tina Gray, 552-2101
Approval: Gino Grimaldi t grayt@ashland.oLus
Estimated time: 10 minutes
Statement:
The labor agreement with the IBEW, who represent the electrical workers and the AFN
employees, expired June 30, 2005. Attached is the negotiated tentative agreement.
Background:
The City has 5 separate collective bargaining groups plus its unrepresented employe1e group.
The City and the IBEW Electrical workers have been meeting since June 2005 to try and
negotiate a successor contract. We went through state mediation with the Electrical Workers
back in November. The Electrical Workers voted to approve the tentative agreement at the end
of December. The agreement is being brought to the Council with a recommendation from
management staff for ratification. The basic changes from the agreement are as follows:
1. The prior agreement had inadvertently left out the provision for funeral leave.
This provision is being added back in and is being expanded to include in-laws,
step children and parents in the definition of immediate family.
2. Article XIV, Section 9 is being amended to allow new employees 12 months to
establish residency within a 30 minute response time area instead of only 6
months.
3. The Health, Dental and Vision insurance provisions in Article XVI are being
amended to clarify that the City is providing an insurance plan and that individual
benefits within the plan are subject to change by the insurance vendor.
4. In Article XVI, Section 4, the City is amending the language to sunset the
MediCheck benefit for any employee hired after the effective date ofthis contract.
This benefit provides a medicare supplement for retirees between the ages of 60
and 65. It has not been widely used and is very difficult to track for t:mployees
that retire prior to the age of 60.
5. Wage increase were the primary focus of the negotiations. We used the average
wages provided to several comparable entities to target our projected wages.
Based upon the comparable targets, we are currently about 9% behind the average
wage and benefit package. To further provide incentive to catch up in this area,
the electric worker industry in the northwest has a shortage of electrical workers.
This has resulted in a very difficult labor market to recruit and retain employees.
Because of these factors, we tentatively agreed to the following wage increases:
1
G:\legal\Mike\Council Communications\IBEW electrical 05 agreement cc2.doc
Electrical Workers
July 1, 2005 - 3%
January 1, 2006 2.5%
July 1, 2006 - 1.5%
January 1, 2007 3%
July 1, 2007 - 5%
AFN Workers
July 1, 2005 - 3%
July 1, 2006 - 3%
July 1, 2007 - 3%
6. The agreement will be for a three year term.
Related City Policies
The City has a policy of providing its employees with a fair, competitive salary and benefit
package.
Council Options:
The Council can ratify the agreement as presented.
The Council can reject the agreement and provide staff direction as to the objectionable
provIsIons.
Staff Recommendation:
Staff recommends the Council ratify the new labor agreement as presented.
Potential Motions:
I move the Council ratify the proposed labor agreement between the City of Ashland and the
Local Union No. 659 International Brotherhood of Electrical Workers as presented.
Attachments:
Proposed Labor agreement.
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AGREEMENT BETWEEN
THE CITY OF ASHLAND, OREGON
and
LOCAL UNION NO.659
INTERNATIONAL BROTHERHOOD
OF
ELECTRICAL WORKERS
TABLE OF CONTENTS
PREAM BlE .....................................................................................................................................2
Scope of Agreement......................................................................................................................2
ARTICLE I ........................................................................................................................................2
ARTICLE 11.......................................................................................................................................2
ARTICLE IV......................................................................................................................................4
ARTICLE V.......................................................................................................................................5
ARTICLE VII.....................................................................................................................................8
ARTICLE ViII.......................... ..........................................................................................................9
ARTICLE IX................................. ...................................................................................................1 0
ARTICLE X..... .... ..................................................................................................................... ..... ..12
ARTICLE Xl........................................................................................................................... ........ .14
ARTICLE XII.................................................................................................................................. .15
ARTICLE XIII .................................................................................................................................1 7
ARTICLE XlV........................ ........................ ................................................... .............................. .18
ARTICLE XV... ...................... ............ .......................... ...................... ... .................. ................. ....... .20
ARTICLE XVI... ...... ....................... .... ... ................ ....... ..... ... ............ ............ ..................... .............. .22
ARTICLE XVII ......... ........................... ................... ....................................... ................... .............. .24
ARTICLE XViII........ ...... ................................................................................... .......................... ....24
ARTICLE XiX.................... ...... ..................... ...................................................... .......................... ..24
ARTICLE XX. ............................... ................................ ............... ..... ....................... ........ ....... ....... ..25
"APPENDIX A"......... ..................... ..................... ............... .... ................ ...... ................... ....... ....... ..26
CLASSIFICATIONS WITHIN BARGAINING UNIT. ......................................... ...............................26
APPENDIX B - PAY SCHEDULE 26
AGREEMENT BETWEEN
THE CITY OF ASHLAND, OREGON
__nd
LOCAL UNION NO.659
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
PREAMBLE
This Agreement made and entered into by the City of Ashland, Oregon, hereinafter referred to as
the "City" and Local Union NO.659 of the International Brotherhood of Electrical Workers, hereinafter
referred to as the Union." Unless indicated otherwise references to the "City" herein shalll include the
Mayor and City Councilor their designees(s) as the officials directly responsible for the operation of the
2
department covered by this Agreement. The purpose of this Agreement is to set forth the full and
complete agreement between the parties on matters pertaining to rates of pay, hours of work and other
conditions of employment.
Scope of Agreement
This agreement shall apply to all employees of the Electric Department, Ashland, Oregon, as set
forth in "Appendix A" but excluding clerical employees, confidential and supervisory employees, and
temporary employees.
Where the term "employee" is used, it shall mean regular employees or probationary employees
within the bargaining unit, as the same are defined in Article XIII hereof.
Non-bargaining unit employees will not be employed in the Electric Department in a temporary
position for longer than twelve months except by mutual agreement. However, if the temporary position
is to continue for longer than six months, the City will notify the Union and upon request, will meet to
discuss the situation and options.
The parties agree as follows:
ARTICLE I
RECOGNITION
The City recognizes the Union as the sole and exclusive bargaining agent for the purposes of
establishing rates of pay, hours of work and other conditions of employment for all employees within the
bargaining unit described immediately above.
ARTICLE II
UNION SECURITY AND CHECK-OFF
Section 1. Union Security. All employees covered by this Agreement shall, as a condition of
employment, commencing thirty (30) days after hiring or transfer into the Bargaining Uniit, (1) become a
member of the Union and maintain hiS/her membership in the Union in accordance with its Constitution
and Bylaws, (2) in the alternative, an employee must tender a registration fee to the Union in such an
amount as the Union may prescribe (but in no event to exceed the initiation fee required of Union
members), and shall tender, monthly an agency fee as established by the Union in an amount not to
exceed the amount of the monthly dues and per capita fees required of "BA" members in his/her base
wage rate.
Any employee who is or who becomes a member of the Union shall, as a condition of
employment, maintain his/her membership in the Union in accordance with its Constitution and Bylaws.
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Upon written request from the Union, the Company shall, within twenty-one (21) calendar days,
terminate the employment of any employee who fails to comply with the requirements 01f this Article.
Section 2. Check-Off. The City will, during the term of this Agreement, deduct and remit monthly to the
Financial Secretary of the Union the normal and usual dues uniformly required of its members or agency
fees of any other employee as provided for in Section 1 as shall voluntarily authorize the City to do so.
Such written authorization must be in lawful, mutually acceptable form and shall be forwarded to the City
through the Business Manager of the Union.
The Financial Secretary of the Union will keep the City currently advised of the monthly dues and
agency fee to be deducted from the wages of each employee who shall have filed the required deduction
authorization with the Union and the City.
An employee may revoke his/her deduction authorization by written notice directed to the City
and the Union by registered mail. Such revocation will be effective in the payroll month following receipt
of the notice.
Section 3. Indemnification. The Union agrees to indemnify and hold the City harmless against any
and all claims, orders or judgments brought or issued against the City as a result of any action taken or
not taken by the City under the provisions of this Article.
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ARTICLE III
MANAGEMENT RIGHTS
The Union recognizes the prerogative of the City to operate and manage its affairs in all respects
in accordance with its responsibilities and the powers or authority which the City has not expressly
abridged, delegated or modified by this Agreement are retained by the City.
It is understood and agreed that the City possesses the sole and exclusive right to operate the
City through its City Administrator and department heads and that all management right.s repose in it,
but such rights must be exercised consistent with the other provisions of this contract. These rights
include but are not limited to the following:
1. To determine the mission of its constituent departments, commissions and boards.
2. To set standards of services.
3. To direct its employees.
4. To discipline or discharge for just cause.
5. To relieve its employees from duty because of lack of work, finances, or other legitimate
reasons.
6. To maintain the efficiency of governmental operations.
7. To determine the methods, means and personnel by which government operations are to
be conducted, except that the City Will not contract any work which is ordinarily done by
its regular employees for the specific purpose of laying off or demoting such employees,
and will furnish the Union with a copy of any contract entered into involving work covered
by this contract.
8. To determine the content of job classifications.
9. To take all necessary action to carry out its mission in emergencies.
10. To exercise complete control and discretion over its organization and the technology of
performing its work.
ARTICLE IV
STRIKE AND LOCKOUT PROHIBITION
Section 1. The Union and its members, as individuals or as a group, will not initiate, cause, permit or
participate or join in any strike work stoppage, or slowdown! picketing, or any other restriction of work at
any location in the City. Employees in the bargaining unit, while acting in the course of their employment,
shall not honor any picket line established in the City unless such is sanctioned by the Southern Oregon
Labor Council.
Section 2. In the event of a strike, work stoppage, slowdown, picketing, observance of a picket line, or
other restriction of work in any form, either on the basis of individual
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choice or collective employee conduct, the Union will immediately upon notification, attempt to secure an
immediate and orderly return to work. This obligation and the obligations set forth in Section 1, above,
shall not be affected or limited by the subject matter involved in the dispute giving rise to the stoppage or
by whether such subject matter is or is not subject to the grievance and arbitration provilsion of this
Agreement. Disciplinary action, including discharge may be taken by the City against any employee or
employees engaged in a violation of this Article. Such disciplinary action may be undertaken selectively
at the option of the City and shall not preclude or restrict recourse to any other remedies, including an
action for damages, which may be available to the City.
Section 3. There will be no lockout of employees in the unit by the City as a consequence of any
dispute arising during the period of this Agreement.
ARTICLE V
HOLIDAYS
Section 1. Recoe:nized Holidays. The following shall be recognized as holidays:
New Year's Day (January 1)
Martin Luther King Day (3rd Monday in January)
Washington's Birthday (3rd Monday in February)
Memorial Day (last Monday in May)
Independence Day (4th of July)
Labor Day (1st Monday in September)
Veteran's Day (November 11)
Thanksgiving Day (4th Thursday in November)
Day after Thanksgiving (4th Friday in November)
Christmas Day (December 25th)
(Any day declared by the Governor or President as a holiday)
Whenever a holiday shall fall on Sunday, the succeeding Monday shall be observed as the
holiday. Whenever a holiday shall fall on Saturday, the preceding Friday shall be observed as the holiday.
If an employee is on authorized vacation, sick leave, or other leave with pay when a holiday occurs, such
holiday shall not be charged against such leave.
Section 2. Holiday Pay. Regular employees shall receive eight (8) hours of pay for each of the holidays
listed above on which they perform no work. In order to be eligible for holiday pay when no work is
performed, an employee must work on his/her last scheduled work day immediately prior to a holiday
and on his/her first scheduled work day immediately following the holiday, unless prior approval is
granted, as in the case of illness or if the holiday falls within a vacation period.
5
ARTICLE VI
VACATIONS
Section 1. Eligibilitv. An employee shall be eligible to take accrued vacation leave with pay after one
(1) full year of continuous service. Vacation leave shall accrue on a monthly basis in accordance with the
following schedule:
Section 1.1 Employees with less than four (4) full years of continuous service shall accrue 7.33 hours
of vacation leave for each calendar month of service (eleven (11) working days annualized).
Section 1.2 Employees with more than four (4), but less than fourteen (14) full years of continuous
service shall accrue 10.67 hours of vacation leave for each calendar month of service (sixteen (16)
working days annualized).
Section 1.3 Employees with more than fourteen (14), but less than twentyfour (24) full years of
continuous service, shall accrue fourteen (14) hours of vacation leave for each calendar month of
service (twenty-one (21) working days annualized).
Section 1.4 Employees with more than twenty-four (24) full years of continuous service shall accrue
17.33 hours of vacation leave for each calendar month of service (twenty-six (26) working days
annualized).
Section 2. Continuous Service. Continuous service, for the purpose of accumulating vacation leave,
shall be based on regular hours paid to the employee. Vacation leave shall not accrue during a leave of
absence without pay. Authorized leave without pay and lay-offs shall not be counted as service, however,
employees returning from such absences or layoff shall be entitled to credit for service prior to the leave
or layoff.
Section 3. Use of accrued vacation time. Each year, an employee may use accrued vacation time
to take time off, for additional pay during December, or to carry forward to the next year" The following
rules apply:
Section 3.1 After the first year of employment, an employee can use vacation for time off as
soon as the vacation time has been earned.
Section 3.2 The employee must use at least 75% of his/her annual vacation accrual for time
off. Example: an employee who earns 16 vacation days per year (10.67 hours per month)
must take at least twelve (12) days of vacation time off during the year.
Section 3.3 The employee may choose to cash out up to 25% of his/her annual vacation
accrual. The pay will be included in the first paycheck in December.
6
Section 3.4 Vacation time that is not used for time off or cashed out will carry forward to the
next year.
Section 3.5 An employee cannot accumulate at any time more vacation time than one and
one-half times his/her annual vacation accrual. Example: an employee who earns 16 vacation
days per year (10.67 hours per month) may accumulate up to twenty four (24) days of vacation.
Section 3.6 If an employee has the maximum amount of vacation accumulated, no more
vacation time is earned until the employee has used or cashed out some of the accumulated
vacation time.
Section 4. Accrual Limitations. The City shall notify an employee thirty (30) days in advance of
impending loss of accrued vacation time. The employee and supervisor will immediately discuss when
the employee can take time off so as to avoid any loss of vacation time. If the City is unable to release
the employee within that thirty day period to take vacation time off, the vacation time wtlich exceeds the
accrual maximum will, by mutual agreement between the supervisor and the employee, either be cashed
out or the employee will be allowed to carry it forward until the employee can take the time off.
Section 5. Scheduling. Employees shall be permitted to request vacation on either a split or an
entire basis. Vacation times shall be scheduled by the City based on the head of the department's
judgment as to the needs of efficient operations and the availability of vacation relief. Vacation times
shall be selected on the basis of seniority; provided, however, such employee will be permitted to
exercise his/her right of seniority only once annually. The vacation schedule shall be posted annually as
of December 1st, and employees shall exercise their choice by bidding in seniority. The list shall be
closed as of December 31, and subsequent changes shall be made only by mutual consent of the
parties. Scheduling of vacation periods to the extent consistent with operating requirements of the City
and vacation credits of the employee, shall be in weekly units except by mutual consent of the parties.
Section 6. Payment on Termination. In the event of the death or termination of an employee during
the initial twelve (12) months of his/her employment, no payment in lieu of vacation shall be made. In
the event of death or termination of employment after an employee has served for twelve (12) months,
and is otherwise eligible for vacation credits, the employee shall be entitled to payment for accrued
vacation leave at the rate of the date of eligibility. In the event of death, earned but unused vacation
leave shall be paid in the same manner as salary due the deceased employee is paid.
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ARTICLE VII
HOURS OF WORK AND OVERTIME
This Article is intended to be construed only as a basis for recognizing overtime, and shall not be
construed as a guarantee of hours of work per day or per week.
Section 1. Hours of Work. To the extent consistent with operating requirements of the City, eight (8)
hours shall constitute a regular day's work, and five (5) consecutive days, normally beginning Monday
and terminating Friday, shall constitute a week's work. However, an employee may be scheduled by the
City for a workweek other than Monday through Friday, which shall become his/her regular workweek.
Section 2. Work Schedules. All employees, to the extent consistent with operating requirements,
shall be scheduled to work on a regular work shift, and each shift shall have regular starting and quitting
times. Work schedules showing the employee's shifts, workdays and hours shall be posted on
department bulletin boards. Except for emergency situations and for the duration of the emergency,
changes in work schedules shall be posted seven (7) days prior to the effective date of the change.
a. During times that daylight savings time is in effect, the normal hours of work for electric
personnel (other than connecVdisconnect, meter reader and AFN personnel) will be
between 7:00 a.m. and 3:30 p.m. with lunch break.
b. By mutual agreement between the City and Union, a schedule of ten hour days, four days
per week, may be adopted. Either the City or Association may withdraw agreement to that
schedule, in which case a five day schedule will be reestablished.
Section 3. Rest Periods. A rest period of fifteen (15) minutes shall be permitted for all employees
during each half shift, which shall be scheduled by the City in accordance with its determination as to the
operating requirements and each employee's duties.
Section 4. Meal Periods. To the extent consistent with operating requirements of the respective
departments, a one-half (1/2) hour meal period shall be scheduled in the middle of the work shift which
shall not be paid.
Section 5. Overtime Rates. All work performed outside of regularly scheduled hours or days as set
forth in this Article, shall be compensated at the rate of two (2) times the regular rate of pay.
8
ARTICLE VIII
SICK LEAVE
Section 1. Accumulation. Sick leave shall be earned for the purposes stated herein by each eligible
employee at the rate of eight (8) hours for each full calendar month of service. Sick leave may be
accumulated to a total of seven hundred twenty (720) hours and must be taken for the purposes
specified in Section 2 hereof as a condition precedent to any sick leave payment. Sick leave shall not
continue to accrue during authorized sick leave or disability leave in excess of ninety (90) calendar days.
Section 2. Utilization for Illness or Iniury. Employees may utilize their allowance for sick leave
when unable to perform their work duties by reason of illness or injury. In such event, the employee shall
notify the department head or other supervisor of absence due to illness or injury, and the nature and
expected length thereof, as soon as possible prior to the beginning of his/her scheduled regular work
shift, unless unable to do so because of the serious nature of injury or illness. A physician's statement of
the nature and identity of the illness, the need for the employee's absence and the estimated duration of
the absence, may be required at the option of the City for absences of over two (2) days prior to payment
of any sick leave benefits or prior to allowing the employee to return to work. A physician's statement
may be required as a prerequisite to payment of sick leave for less than three (3) days if the employee
has been advised in advance of such requirement.
Section 3. Integration with Worker's Compensation. When an injury occurs in the course of
employment, the City's obligation to pay under this sick leave article is limited to the difference between
any payment received under Worker's Compensation laws and the employee's regular pay. In such
instances, no charges will be made against accrued sick leave for the first ninety (90) calendar days.
Section 4. Sick Leave Without Pay. Upon application by the employee, sick leave without pay may
be granted by the City for the remaining period of disability after accrued sick leave has been exhausted.
The City may require that the employee submit a certificate from a physician periodically during the
period of such disability, and before returning to work.
Section 5. Termination. Sick leave is provided by the City in the nature of insurance against loss of
income due to illness or injury. No compensation for accrued sick leave shall be provided for any
employee upon his/her death or termination of employment, for whatever reason. Sick leave shall not
accrue during any period of leave without pay.
Section 6. Compensation For Not Using Sick Leave. Employees who accumulate 720 hours of
sick leave and who thereafter use 16 or less hours of sick leave in a calendar year may be rewarded for
not using sick leave. Such employees may be paid at their December 31st hourly rate for 25% of the
unused sick leave hours over 720 accumulated as of January 1st.
9
Section 7. Use for Family Illness. An employee may use up to twenty four (24) hours per calendar
year, of their paid sick leave for the employee to attend to an ill or injured family member. Family
members are as defined in the Oregon Family Leave Act. An employee may request additional use of
sick leave in the event of an unforeseen medical emergency requiring immediate hospitalization or use
of emergency medical services for a spouse or children. The Electric Utility Director will determine
whether additional sick leave can be used.
ARTICLE IX
OTHER LEAVES OF ABSENCE
Section 1. Leaves of Absence Without Pay. Leaves of absence without pay not to exceed ninety
(90) days may be granted upon request by the employee where it is determined that the operation of the
department and/or division will not be negatively impacted by the temporary absence of the employee
and that additional expense will not result, including for a replacement. Requests for such leaves must
be in writing and submitted to the Department Head 30 days prior to the requested leave date. The
employee must utilize accrued vacation and compensatory time before applying for a leave of absence
without pay. If the leave lasts two calendar weeks or more, the employee must pay the pro-rated
premium for health insurance coverage. Any other payroll obligations of the employee will be deducted
from the pay check for the next pay period or may be paid directly to the City.
Section 2. Jury Duty. Employees shall be granted leave with pay for service upon a jury; provided,
however, that the regular pay of such an employee for the period of absence shall be reduced by the
amount of money received by him/her for such jury service, and upon being excused from jury service for
any day an employee shall immediately contact his/her supervisor for assignment for the remainder of
his/her regular work day.
Section 3. Appearances. Leave with pay shall be granted for an appearance before a court,
legislative committee, judicial or quasi-judicial body as a witness in response to a subpoena or other
direction by proper authority, provided, however, that the regular pay for such employee shall be reduced
by an amount equal to any compensation they may receive as witness fees.
Section 4. Reauired Court Appearances. Leaves of absence with pay shall be granted for
attendance in court in connection with an employee's officially assigned duties, including the time
required for travel to the court and return to the employee's headquarters.
Section 5. Election Day. Employees shall be granted two (2) hours to vote on any election day only if,
due to scheduling of work, they would not otherwise be able to vote.
Section 6. Union Business. Employees elected or appointed to any legitimate fulll-time paid Union
office which takes them from their employment with the City, shall, upon written request of the Union
and the employee be granted a leave of absence of up to one (1) year without pay, renewable upon
application. Employees selected by the Union to attend conventions and related Union activities, shall,
upon written request of the Union and the employees, be granted a leave of absence of up to thirty (30)
days without pay.
10
Section 7. Educational Leave. After completing one (1) year of continuous service, an employee,
upon written request, may be granted a leave of absence without pay by the City for the purpose of
upgrading his/her professional ability through enrollment in educational courses directly related to
employment at an accredited school or course of study. The period of such leave of absence shall not
exceed one (1) year, but may be renewed or extended upon request of the employee and approval by the
department head. One (1) year leaves of absence, with requested extensions, for educational purposes
may not be provided more than once in any three (3) year period. His/her replacement shall be
considered a temporary employee. Employees may also be granted time off with pay for educational
purposes, for reasonable lengths of time, to attend conference seminars, briefing sessions, training
programs, and other programs of a similar nature that are intended to improve or upgrade the
employee's skill and professional ability, when ordered by the employee's department head.
Section 8. Military Leave. Military leave shall be granted in accordance with ORS 408.290.
Section 9. Funeral Leave. "In addition to regular sick leave. an employee may be granted three (3) days
funeral leave with re.!:!ular pay in the event of death in the immediate family of the employee. An
employee's immediate family shall include spouse. parent. children. brother. sister. mother-in-law. father-
in-law. brother-in-law. sister-in-law. step child. step parent. adopted child. grandparents and
grandparents-in-Iaw. The employee will be paid his or her regular hourly rate for any such days of
excused absence which occur only during his or her assigned workweek. No pay shall be granted if the
employee does not attend the funeral. An additional two (2) days leave may granted if the funeral is over
750 miles from Ashland. one way".
Section 109. Failure to Return From Leave. Any employee who is granted a leave of absence and
who, for any reason, fails to return to work at the expiration of said leave of absence, shall be considered
as having resigned their position with the City, and his/her position shall be declared vacated; except
and unless the employee, prior to the expiration of his/her leave of absence, has furnished evidence that
he/she is unable to work by reason of sickness, physical disability or other legitimate reason beyond
his/her control.
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ARTICLE X
COMPENSATION
Section 1. Pay Schedule. Employees shall be compensated in accordance with the pay schedule
attached to this Agreement and marked "Appendix B" which is hereby
incorporated into and made a part of this Agreement. When any position not listed on the pay schedule is
established, the City shall designate a job classification and pay rate for the position. The Union shall be
notified and the pay rate established by the City shall be considered tentative until the Union has been
afforded the opportunity to meet and discuss the matter. If the Union does not agree that the
classification or pay rate is proper, the Union may submit the issue as a grievance according the
grievance procedure.
Section 2. Overtime. The City has the right to assign overtime work as required in a manner most
advantageous to the City, and consistent with the requirements of municipal service and the public
interest. Employees shall be compensated at the rate of two (2) times the regular rate for overtime work
outside of the regularly scheduled workweek or work day, but in no event shall such compensation be
received twice for the same hours. All overtime shall be recorded by the employee and must be approved
by the department head or supervisor. Scheduled overtime, time annexed to the beginning of the work
shift, or hold-over times annexed to the end of the work shift, shall be considered overtime and shall not
be considered call-back time.
Section 3. Call-back Time. Employees called back to work shall receive overtime pay with a
guaranteed minimum of two (2) hours at double time for the work for which they are called back.
However, employees called back to work to make connects or disconnects shall receive overtime pay
with a guaranteed minimum of one (1) hour at double time for the work for which they are called back.
More than one call-back is permissible within the call-back period. Employees required to work over the
initial call-back period, where more than one call-back is handled, will be paid at the overtime rate to
nearest one-half (1/2) hour.
a. Employees called for duty four (4) hours or more before the beginning of their regular work day
shall be paid at the regular overtime rate from the time they are called until relieved. If such an
employee has worked a minimum of four (4) hours and has had less than four (4) hours rest after
he/she was relieved, he/she shall receive the regular overtime rate of double time for all hours
worked during his/her normal work day. Employees shall not be required to take time off during
any regular working day for the overtime worked or to be worked.
b. Employees called for duty less than four (4) hours before the beginning of their regular work day
shall be paid at the established overtime rate from the time they are called until the beginning of
their regular work day. Regular working hours following shall be at the straight time rate.
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Section 4. Pay Periods. Employees shall be paid every other Friday. Pay periods shall be for 14 days
beginning at 12:01 a.m. on Saturday, and ending on the 14th day (Friday) at 12:00 p.m. Pay days shall
be on the Friday following the close of each pay period.
Section 5. Standby Pay. When employees are required to stand by for emergency services, they shall
be compensated as follows:
Line installers: at the rate of twenty percent (20%) of the straight time rate of pay in effect on July 1,
2002.
Telecommunication technicians: $130 per weekend.
In addition to standby pay, employees shall receive the applicable overtime rate of pay for all time
worked when called in from standby. The number of hours in a standby period will be predetermined and
the employee so advised in advance of standby duty. The City may maintain a call list, which shall not in
itself entitle an employee to standby pay.
Section 6. MileaJ!e. An employee required to report for special duty or assignment at any location
other than his/her permanent reporting location and who is required to use his/her personal automobile
for transportation to such location shall be compensated at the mileage rate established annually by the
IRS per mile for the use of such automobile directly in the line of duty.
Section 7. Travel Expense. When employees attend out of town training programs or conferences,
reimbursement for travel and meal expense will be in accordance with City policy.
Section 8. Meals DurinJ! Extra Work Periods.
a. Emergency Overtime and Call-out. Breakfast and lunch shall be provided at reasonable City
expense when employees are called out on emergency overtime before regular work hours and
did not have time to eat breakfast and prepare a lunch. Employees not released from a call out
prior to six (6:00) a.m. shall be considered as not having time to eat breakfast and/or prepare
lunch. Meals shall be provided by the City during normal meal times if an employee is called out
to work on Saturday, Sunday and holidays.
b. Work Beyond Regular Work Shift. Employees required to work one and one-half hours (1-
1/2) or more beyond their regular work hours shall be provided a meal at City expense. If work
continues after the meal has been provided, employees shall be entitled to meals at four (4) hour
intervals thereafter.
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c. PrearranJ!ed Work Shift. When an employee is notified by the end of the preceding regular
work shift and is required to report to work less than two (2) hours before regular work hours, the
employee shall not be provided a breakfast or lunch. If an employee is required to report for work
two (2) or more hours before regular work hours the City will provide breakfast, and the employee
will be responsible for lunch.
d. Reasonable Amount for Meals. The City shall promptly reimburse an employee for
the actual amount of such meals, up to $8.00 for breakfast, $9.00 for lunch and $19.00
for dinner.
e. ReJ!ular Work Hours. Regular work hours are the hours that the employee normally
works during the week, which may include Saturday, Sunday and holidays, as outlined in
Article 7, Section 1 of this Agreement.
Section 9. Compensatory Time. Overtime for hours actually worked (excluding standby time) may be
paid in the form of compensatory time off at the applicable rate subject to the approval of the
department head or designated supervisor. The employee may request compensatory time off by
submitting a request in writing at least 48 hours in advance of the requested time. The compensatory
time shall be accrued on an annual basis from December 1 to November 30 with any accrued but
unused time as of November 30 to be compensated as pay on the first pay period in December. No
employee shall receive more than forty (40) hours of compensatory time in any annual period. Any time
in excess of forty (40) hours during the annual period shall be compensated as pay.
Section 10. AFN Foreman/Director Replacement Pay. An employee who is assigned either as
AFN foreman or to replace the Operations Superintendent for an eight (8) hour day or longer will receive
an additional $1.50 per hour.
ARTICLE XI
DISCIPLINE AND DISCHARGE
Section 1. Discipline. Disciplinary action may include the following:
a. Written reprimand
b. Demotion
c. Suspension
d. Discharge
14
Disciplinary action may be imposed upon any employee for failing to fulfill his/her responsibilities as an
employee. Conduct reflecting discredit upon the City or Department, or which is a direct hindrance to the
effective performance of City functions shall be considered good cause for disciplinary action. Such
cause may also include misconduct, inefficiency, incompetence, insubordination, the willful giving of
false or confidential information, the withholding of information with intent to deceive when making
application for employment, willful violation of departmental rules or for political activities forbidden by
State law. Any disciplinary action imposed upon an employee shall be protested only as a grievance
through the regular grievance procedure.
Section 2. Dischare:e. An employee having less than six (6) months of continuous service shall serve
at the pleasure of the City. An employee having continuous service in excess of six (6) months shall be
discharged only for cause. If the department head or other supervisor determines that there is cause for
discharge, he/she shall suspend the employee without pay for five (5) calendar days and shall deliver to
the employee and the Union a written notice of such suspension and pending dismissal. Such notice
shall specify the principal grounds for such action. Unless otherwise resolved, the dismissal shall
become effective at the end of the five (5) day suspension. Protest of the discharge of any employee
shall be made only through the grievance procedure set forth in Article XII. The Union may process a
grievance concerning suspension or discharge, or both, at Step II of the grievance procedure.
ARTICLE XII
SETTLEMENT OF DISPUTES
Section 1. Grievance and Arbitration Procedure. Any grievance or dispute which may arise
between the parties concerning the application, meaning or interpretation of this Agreement, shall be
settled in the following manner:
STEP I. The affected employee shall take up the grievance or dispute with the employee's
supervisor within seventy-two (72) hours of its occurrence, excluding Saturday and Sunday. The
supervisor shall then attempt to adjust the matter within three (3) working days..
STEP II. If the grievance has not been settled between the affected employee and the
supervisor, it may be presented in writing by the Union to the Director of Electric: Utilities within
seventy-two (72) hours, excluding Saturday and Sunday, after the response specified in Step I is
due. The written notice shall include details of the grievance, the section of this Agreement
allegedly violated and the specific remedy requested. The Director of Electric Utilities shall
respond to the Union representative in writing within five (5) working days after receipt thereof.
STEP III. If the grievance still remains unadjusted, it may be presented by the Union to the City
Administrator of the City or his/her designee(s), within seven (7) days after the response
specified in Step II is due. The City Administrator or his/her designee(s), shall respond in writing
to the Union within five (5) working days.
STEP IV. If the grievance is still unsettled, either party may, within ten (10) days after the reply
of the City Administrator is due, by written notice to the other, request arbitration of the dispute
under Section V herein.
15
STEP V. If the grievance is still unsettled, either party may, within ten (10) days of the decision
of the City Administrator or his/her designee(s) under Step IV have the right to have the matter
arbitrated by a third party jointly agreed upon by the City and the Union. If the parties are unable
to agree upon an arbitrator, the American
Arbitration Association or other mutually agreed organization shall be requested to submit a list of five
names. Both the City and the Union shall have the right to strike two names from the list. The party
requesting arbitration shall strike the first name and the other party shall then strike one and the
process shall be repeated and the remaining person shall be the arbitrator. The City and the Union shall
meet in a pre-hearing conference and shall prepare a submission agreement regarding the specific
issues in dispute. The designated arbitrator shall hear both parties as soon as possible on the disputed
matter and shall render a decision within thirty (30) days which shall be final and binding on the parties
and the employee. The arbitrator shall have no right to amend, modify, nullify, ignore or add provisions to
the Agreement, but shall be limited to consideration of the particular issue(s) presented to him or her.
His/her decision shall be based solely upon his/her interpretation of the meaning and application of the
express language of the Agreement. Expenses for the arbitrator shall be borne equally by the City and the
Union; however, each party shall be responsible for compensating its own representatives and
witnesses. If either party desires a verbatim recording of the proceedings, it may cause such a record to
be made, provided it pays for the record. If the other party desires a copy both parties shall jointly share
the cost of the transcript and all copies.
If any grievance is not presented or forwarded by the employee or Union within the time limits specified
above, such grievance shall be deemed waived. If any grievance is not answered by the City within the
time limits specified above, such grievance shall be deemed granted.
Section 2. Stewards. The Union may select an employee who shall be known as the steward. The
name of the employee selected as steward, and the names of local Union representatives who may
represent employees, shall be certified in writing to the City by the Union. Duties required by the Union of
a steward, excepting attendance at meetings with supervisory personnel and aggrieved employees
arising out of a grievance already initiated by an employee under Section 1 hereof, shall not interfere
with this or other employees' regular work assignments as employees of the City. Contacts between the
steward and employees or the Union shall be made outside of working hours so as not to disrupt regular
City operations.
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ARTICLE XIII
SENIORITY
Section 1. Seniority. Seniority shall be an employee's length of continuous service with the bargaining
unit dating from his/her last date of hire, and shall apply by job classification in matter of layoff, recall
and vacation. In the event of a layoff, such employee may exercise his/her seniority in a lower job
classification within the Department. Recall from layoff shall be in the reverse order of seniority. The City
reserves the right to layoff out of the order of seniority if, in the City's judgment, retention of special job
skills is required. Seniority shall continue to accrue during (1) authorized sick leave or disability leave up
to ninety (90) calendar days; (2) vacation leave; (3) authorized compensatory time off; (4) educational
leave required by the City; (5) military leave as specified in Article IX, Section 8; (6) funeral leave; (7) jury
duty; and (8) promotion to a supervisory position outside of the bargaining unit for two (2) years.
Section 2. Suspension of Seniority. Seniority shall be retained, but shall not continue to accrue
during (1) authorized sick leave or disability leave in excess of ninety (90) calendar days; (2) educational
leave requested by the employee; (3) military leave for disciplinary reasons; (4) election to a fulltime paid
Union office up to one (1) year, renewable upon application; and (5) other authorized leaves of absence
of up to ninety (90) calendar days.
Section 3. Termination of Seniority. Seniority and the employment relationship shall be broken or
terminated if an employee (1) quits; (2) is discharged for just cause; (3) is absent from work for three (3)
consecutive working days without notification to the City; (4) is laid off and fails to report to work within
three (3) days after being recalled; (5) is laid off from work for any reason for twentyfour (24) months or
for a period of time equal to his/her seniority, whicheveris shorter; (6) fails to report for work at the
termination of a leave of absence; (7) if while on a leave of absence for personal health reasons, accepts
other employment without permission; or (8) if he or she is retired.
Section 4. Probationary Period. The probationary period is an integral part of the employee
selection process and provides the City with the opportunity to upgrade and improve the department by
observing a new employee's work training, aiding new employees in adjustment to their positions, and by
providing an opportunity to reject any employee whose work performance fails to meet required work
standards. Every new employee hired into the bargaining unit shall serve a probationary period of six (6)
full months after which they shall be considered a regular employee and granted seniority to the last
date of hire. The Union recognizes the right of the City to terminate probationary employees for any
reason and to exercise all rights not specifically modified by this Agreement with respect to such
employees, including, but not limited to, the shifting of work schedules and job classifications, the
assignment of on-the-job training, cross-training in other classifications, and assignment to educational
courses and training programs, the requirement that such employees attend training programs on their
off-duty time for which they will be compensated on a straight-time basis by the granting of
compensatory time off. Termination of a probationary employee shall not be subject to the grievance
procedure under Article XII.
Section 5. Promotional Probationary Period. Regular employees promoted into a higher
classification shall serve a promotional probationary of six (6) full months. The Union also recognizes the
17
right of the employer to demote an employee on promotional probationary status to highest previous
position. Demotion of an employee on promotional probationary status shall not be subject to the
grievance procedure under Article XII. It is the intent of this Agreement that promotional opportunities
shall first be extended to employees in the bargaining unit provided such employees are qualified to
perform the work in question. To this end, promotional opportunities shall be posted for ten (10) working
days before the job is filled by a new employee. The City shall be under no obligation to train an
employee to become qualified, but shall give preference to present employees who are qualified and
apply for such job opening. The City shall be the judge of an employee's qualifications and ability. In the
event two or more applicants for a job opening are equally qualified, seniority shall prevail.
Section 6. Lavoff and Recall. Recall from layoff exceeding five (5) work days shall be by certified
letter sent to the employee at his/her last known address furnished to the City by the employee. The City
may use any other means to return an employee sooner.
ARTICLE XIV
GENERAL PROVISIONS
Section 1. No Discrimination. The provisions of this Agreement shall be applied equally to all
employees in the bargaining unit without discrimination as to race creed, color, sex, age or national
origin. The Union shall share equally with the City the responsibility for applying the provisions of this
section. All reference to employees in this Agreement designate both sexes, and whenever the male
gender is used it shall be construed to include the male and female employees. Employees shall have
the right to form, join, and participate in the activities of the Union or any other labor organization, or to
refrain from any or all such activities, and there shall be no discrimination by either the City or the Union
by reason of the exercise of such right except as specifically provided herein. Nothing in this Agreement
shall be construed as precluding or limiting the right of an individual employee to represent themselves
in individual personal matters.
Section 2. Bulletin Boards. The City agrees to furnish and maintain a suitable bulletin board in a
convenient place in the work of assembly area to be used by the Union. The Union shall limit its postings
of Union notices and bulletins of such bulletin board, which shall be used only for the following Union
notices and bulletins:
a. Recreational and social affairs of the Union
b. Union meetings
c. Union elections
d. Reports of Union committees
e. Rulings or policies of the International Union
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Section 3. Visits by Union Representatives. The City agrees that accredited representatives of
the International Brotherhood of Electrical Workers, Local Union 659, upon reasonable and proper
introduction, may have reasonable access to the premises of the City at any time during working hours
for the purpose of assisting in the administration of this Agreement, if they first obtain permission to do
so from the Director of Electrical Utilities or his/her designated representative.
Section 4. Solicitation. The Union agrees that its members will not solicit membership in the Union or
otherwise carry on Union activities during working hours, except as specifically provided in this
Agreement.
Section 5. Existing Conditions. Only such existing and future working rules and benefits as are
specifically covered by the terms of this Agreement shall be affected by recognition of the Union and
execution of this Agreement. It is further agreed that if modification of work rules or benefits covered by
a specific provision of this Agreement is proposed any such modification shall be posted prominently on
all bulletin boards for a period of seven (7) consecutive days prior to implementation.
Section 6. Other Employment. Outside employment shall be permitted only with the express prior
written approval of the Citywhich may at any time, upon reasonable grounds, revoke permission to hold
such outside employment. The general principles to be followed by the City in permitting or restricting
such outside employment shall be:
a. The need for mentally and physically alert electric utility employees.
b. Insulating employees from potential conflict of interest situations.
c. Maintaining efficiency unimpaired by other employment, recognizing the nature of the job
requiring electric utility employees to be available for emergency duty twentyfour (24) hours a
day.
Section 7. Supervisory Employees. It is understood that supervisory employees not covered under
this Agreement shall not perform work within the jurisdiction of the Union except in the case of an
emergency, such as a customer outage when life or property is endangered, and the complementary of
regular employees is temporarily reduced by reason of absence of any employee due to illness or other
legitimate reasons, or where the work load is temporarily increased, or for purposes of instruction or
training.
Section 8. Uniforms. Protective Clothing and Devices. If an employee is required to wear a
uniform, protective clothing or use any type of protective device, such article shall be provided,
maintained and cleaned by the City. Replacements shall be provided by the City upon surrender of the
article, at no cost to the employee, reasonable wear excepted. Employees may receive reimbursement of
up to $100 every other year toward the cost of the purchase or repair of protective footwear, such as
steel-toe boots. Lost articles or damage to articles due to negligence, shall be reimbursed to the City by
the employee. The City shall provide a safe place for the storage of such articles. Failure of an employee
to wear such required uniform, protective clothing or boots, or use such protective device as prescribed
by the City shall be cause for disciplinary action as set forth in Article XI hereof.
Section 9. Response Time Requirement. ,A,II now rogukJr omployooc ch::lll oct::lblich their rocidence
19
within six months employment, to enable them to report for emergency duty within thirty (30)
minutes driving time of notific~tion. All present ernployees who presently reside outside of this area
shall become residents of the area in the e','ent they relocate their place of residence following the effective
date of this ,\greement. All new regular employees shall establish their residence within twelve months
employment, to enable them to report for emergency duty within thirty (30) minutes driving time of
notification. All present employees who presently reside outside of this area shall become residents of the
area in the event they relocate their place of residence following the effective date of this Agreement
ARTICLE XV
CLASSIFICATIONS - WORK RULES - SAFETY
Section 1 Classifications and Descriptions. The general classifications of labor which shall be
recognized throughout this Agreement, shall be those set forth in "Appendix A". Other classifications may
be added as the need arises by mutual agreement between the parties.
Section 2. Work Rules. The following work rules shall apply to the general classifications listed below:
a. On jobs having a Lead Working Line Installer, workers are not to take orders,
directions, or accept the layout of any job from anyone, except such Lead Working Line
Installer. If such Lead Working Line Installer is required to be absent from the job for an
extended period of time, a replacement shall be designated by the City.
b. All work on transformers in the field (except testing) shall be done by Line
Installers. Shop repairs on transformers may be done by other qualified personnel.
c. S""/itching of circuit€; ch~1I be dono by Lino Inct~lIerc Switching of circuits outside
substations shall be done bv Line Installers. Switching of circuits inside substations shall
be done by Meter Relay Technician or Line Installers.
d. Installation and maintenance of all direct burial underground electrical circuits,
both primary and secondary, and of outdoor padmounted transformers used in this type
of installation, shall be done by regular line crews.
e. All framing and erecting of poles or towers and stringing of wire, shall be done by
Line Installers, assisted by Groundpersons and Line Truck Operators when required.
f. Stubbing of poles may be done by Groundpersons, under the supervision of a
Line Installer.
g. Employees, while working on transmission line structures or other towers at a
height of seventy-five (75) feet or more above ground or its equivalent, such as a building
roof, shall receive one (1) hour's additional pay at regular straight time for each hour
worked at such height. This shall not apply to the erection of new steel towers or to the
original installation of hardware and conductor on transmission lines prior to energization.
20
h. Employees relieved from duty because of weather conditions shall be paid until
returned to headquarters. If an employee does not return to headquarters, they shall be
paid only for time worked. If employees report for work on a regular shift and it is mutually
agreed between the supervisor and the crew Lead Working Line Installer that weather
conditions are such that they cannot work, they shall be paid for one (1) hour at the
straight time rate. When such is deemed to be in the public interest, crews may be
requested to work regardless of weather conditions. Time not worked because of adverse
weather conditions shall not affect vacation or sick leave accrual.
I. Apprentices shall be indentured under the Oregon State Law and Plan of
Apprenticeship to learn the trade under the direct supervision of a line installer. An
apprentice shall be given the opportunity upon the successful completion of three (3)
years' experience to qualify themselves as a line installer by written examination. Upon so
qualifying, he/she shall be reclassified to line installer status.
Section 3. Safety Rules. Electrical Workers Safety Rules as promulgated by the Oregon State
Workmen's Compensation Board, and as amended from time to time, are hereby adopted and
incorporated as a part of this Agreement as is fully set forth herein, and routine safety meetings shall be
continued.
a. When working on live lines over 750 volts phase to phase, it shall be the practice
to have a Line Installer assisting each Line Installer on such lines.
b. No worker shall be required to work on energized lines exceeding 5,000 'Volts
unless it is done by qualified Line Installers using approved tools of the "l1ot stick"
variety.
c. In the interest of safety and in order to insure continuity of electric service, the
employee shall promptly report any unsafe conditions noted in connection with
the City's facilities.
21
ARTICLE XVI
HEALTH. WELFARE AND RETIREMENT
Section 1. Health and Welfare. The City will provide the ineur::mce coverage described below for the
employee and/or family. Effective July 1, 2002, the City will P:JY 95% of the premium coct. Effeotive July
1,2003 :In.d for the dU:Jtion of this /\greement, the City will p:J)' 00% of the premium coet. However, the
percent of the premium p:Jid by the City will not be lower than the percent of premium th:Jt the City pays
for ite m:Jn:Jgement pereonnel for the same time period.
a.Blue Croce/Blue Shield of Oregon PI:Jn V,^, Health Ineurance employee
:Jnd f:Jmily coverage.
b.Blue Croce/Blue Shield of Oregon Oent:Jllnsurance Plan III employee
:Jnd f:Jmily ooverage.
c.Blue Croes/Blue Shield of Oregon UCR Vieion PI:Jn employee :Jnd f:Jrrf-Hy
ooverage.
d.Life Ineur:Jnce employee ($20,000 with 1\0&0) :Jnd dependent cover:Jge
($1,000).
e. Long Term Ois:Jbility Ineur:Jnce employee only.
e.City paid reimbursement for routine physical eX:Jme for
employee/dependente, if such cover:Jge ie not included in (:J), :JbnvE*
I'gee 2 18 Once every 3 )'e:Jre up to $50
^gee 1931 Once every 5 ye:Jre up to $110
:'gee 3550 Once every 2 ye:Jrs up to $140
/\ges 60+ Once every ye:Jr up to $110
City paid reimbursement for routine 'Nell b:Jby c:Jre, if such coverage is not included in (:J), :Jbove, to
include: firet in hospital exame; six doctor's office eX:Jme in the firet ye:Jr; three eX:Jme the eecond ye:Jr up
to $100 e:Jch eX:Jm (includee eX:Jm, inocul:Jtione :Jnd x ray expenees).
Section 1. Health and Welfare. The City agrees to pay ninety-five percent (95%) of the
premium for employee and/or family coverage through the tenn of this a~~eement for the
following health and welfare plans. The employee agrees to pay five percent (5%) of the
premium, to bc deducted from the cmployee's check through regular payroll dcductions.
The partics recognize this agreemcnt is to providc the insurance plans. Plan benefits are
subject to annual adjustments. Nothing in this agreement shall be deemed a limitation on
the annual plan benefit adjustments. In the event the plan is no longer offered. then both
22
Union and City of Ashland shall mutually ag,ree on a new plan. Those plans and
employee/family coverage levels are:
(a) Blue Cross/Blue Shield of Oregon Plan V-A Health Insurance - employee
and family coverage.
(b) Blue Cross/Blue Shield of Oregon Dental Insurance Plan III - employee and
family coverage.
(c)
Vision Services Plan - employee and family coverage.
(d)
($1,000).
Life Insurance - employee ($20,000 with AD&D) and dependent coverage
(e)
Long Tern1 Disability Insurance - employee only.
(D City paid reimbursement for routine physical exams for employee/dependents,
if such coverage is not provided by (a), above:
Age 2-18 m__ once every 3 years up to $50.
Age 19-34 m__ once every 5 years up to $140.
Age 35-59 m__ once every 2 years up to $140.
Age 60+ m__ once every year up to $140.
(g) City paid reimbursement for routine well-baby care, if such coverage is not
provided in (a), above, to include first in-hospital exams; six doctor's office exams the first
year; three exams the second year up to $100 each exam (includes exam, inoculations and x-
ray expenses ).
Section 2. Insurance Committee The Union and the City jointly recognize the escalating cost of
Health and Welfare insurance and services. In an effort to control costs and provide the maximum
benefits possible, the City will establish an employee-based benefits committee, with one member
appointed by the bargaining unit. The committee will meet at the option of either the City or the Union,
will review insurance options and make recommendations related to controlling costs.
Section 3. Retirement. The City agrees to maintain its existing Retirement Plan, subject to the terms
and provisions thereof, as it applies to regular employees in the bargaining unit. Upon retirement, one-
half of unused sick leave will be applied to retirement as provided in ORS 237.153. The City will assume
or pay the employee contribution required by PERS for all employees covered by this Agreement at a
uniform rate of 6%.
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Section 4. Medical CoveraJ!e for Retirees. /\ny employee retiring during the term of this contr~ct
with twenty (20) or more years of full time service with the city, ~nd who is ~ge 60 or older, shall be
eligible for ~ monthly p~yment of $60.20 towards Blue Cross Medichecl< 65 insurance coverage or its
equiv~lent. This p~yment shall bo ~v~il~ble to ~ge 65. Any employee hired prior to July 1,2005, and
retiring during the tenn of this contract with twenty (20) or more years of full-timc servicc with the City, and
who is age 60 or oldcr, shall be eligible for a monthlv payment of $60.20 towards Blue Cross MediCheck 65
insurance coverage or its equivalent. This payment shall be available to age 65 and must be requested by the
employee in wliting no later than 90 days following the date of retirement and no sooner than 90 days Plior
to the date of retirement.
Section 5. Deferred Compensation. The City agrees to contribute $15.00 per month in matching
funds per member enrolled in a City deferred compensation program (currently ICMA or AETNA). This
program is at the option of the member and contingent upon a minimum $15.00 per month contribution
paid by the member.
ARTICLE XVII
WORKER'S COMPENSATION
Section 1. Worker's Compensation. All employees will be insured under the provisions of the
Oregon State Worker's Compensation Act for injuries received while at work for the City.
Section 2. Supplementary Payment. Compensation paid by the City for a period of sick leave also
covered by Worker1s Compensation shall be equal to the difference between the Worker's Compensation
pay for lost time and the employee's regular pay rate.
ARTICLE XVIII
LIABILITY INSURANCE
The City shall purchase liability insurance in the maximum amounts set forth in ORS 30.270 for the
protection of all employees covered by this Agreement against claims against them incurred in or arising
out of the performance of their official duties. The premium for such insurance shall by paid by the City.
ARTICLE XIX
SAVINGS CLAUSE AND FUNDING
Section 1. SavinJ!s Clause. Should any provision of this Agreement be subsequently declared by the
proper legislative or judicial authority to be unlawful, unenforceable, or not in accordance with applicable
statutes or ordinances, all other provisions of this Agreement shall remain in full force and effect for the
duration of this Agreement.
24
Section 2. Funding. The parties recognize that revenue needed to fund the wages and benefits
provided by the Agreement must be approved annually by established budget procedures and, in certain
circumstances, by vote of the citizens of the City. All such wages and benefits are therefore contingent
upon sources of revenue and, where applicable, annual voter budget approval. The City has no intention
of cutting the wages and benefits specified in this Agreement because of budgetary limitations, but
cannot and does not guarantee any level of employment in the bargaining unit covered by this
Agreement. The City agrees to include in its annual budget request amounts sufficient to fund the wages
and benefits provided by this Agreement, but makes no guarantee as to passage of such budget request
or voter approval thereof.
ARTICLE XX
TERMINATION & REOPENING
This Agreement shall be effective as of the 1st day of July, 200Q~ and shall remain in full force
and effect until the 30th day of June, 200~e and shall terminate all prior Agreements and practices and
concludes all collective bargaining during the term of this Agreement, provided however that:
This Agreement shall be automatically renewed from year to year thereafter unless either party
shall notify the other in writing not later than ninety (90) days prior to the expiration or subsequent
anniversary date that it wishes to modify this Agreement for any reason. Such notification shall include
the substance of the modification and the language with which such desired modifications are to be
expressed. In the event that such notice is given, negotiations shall begin not later than thirty (30) days
after said notice. This Agreement shall remain in full force and effect during the period of negotiations.
25
CITY OF
ASHLAND
Council Communication
Approval of a Public Works Construction Contract in Excess of $75,000-
Miscellaneous Concrete Construction Project 04-04
Meeting Date: January 17, 2006
Department: Public WOrkS/~ E'neering
Contributing Departments: Planni Finance
Approval: Gino Grimaldi $
Primary Staff Contact: James H. Olson, 552-241201\
E-mail: olsonj@ashland.or.us fV
Secondary Staff Contact: Pieter Smeenk, 552-2413
E-mail: smeenkp@ahsland.or.us
Estimated Time: 10 minutes
Statement:
The 2004 Miscellaneous Concrete Construction Project No. 2004-04 was rebid on December 14,2005. As was experienced
at the May 10, 2005 bid opening, only a single bid was received which was again much higher then the engineer's estimate.
The project has been organized into three distinct bid schedules to provide some flexibility in the size and composition of the
project. The total estimate for Schedules A, Band C was $379,751.50. The bid, submitted by L TM Inc. is for $538,470.00
which is beyond the allocated budget.
It is recommended that L TM be awarded a contract for Schedules Band C only at a total cost of $372,320.00 and that
Schedule A be delayed until a later date.
Background:
This project was originally bid on May 10, 2005 with only a single bid received. Since that bid was 48% higher than the
engineers estimate, it was elected to reject the single bid and rebid the project later in the season in the hopes that the
bidding atmosphere would improve and more bidders could be attracted. Several changes were made to the project to help
encourage a more competitive project including:
1. The project was rescheduled as a winter construction project to take advantage of what is generally considered to
be the "slack" construction season.
2. The project construction time limits were extended through to May 31, 2006 to provide a maximum of construction
time.
3. The bidding period was extended to six weeks to provide contractors with adequate time to prepare bids.
4. A concerted effect was made to contact prospective bidders. Plans and bid packages were distributed to ten plan
centers, three newspapers and 20 contractors in the hopes that additional competition could be generated.
Unfortunately, there has been very little change in the bidding conditions. We are still in a contractors "dream world" where
contractors have more work than they can handle and can pick and choose their work with little fear of competition from
other contractors. Construction costs have continued to rise with escalating fuel costs and material shortages attributed
largely to the hurricanes in the southern gulf states.
The 2004 Miscellaneous Concrete Construction Project was rebid on December 14,2005 with results similar to the May 10,
2005 bid. Again, we received only a single bid from L TM, Inc. The results of the bid are as follows:
Schedule A: Misc. Concrete Repair & Construction
Schedule B: Pedestrian Safety Improvements in the Central Business District
Schedule C: Nevada Street LID
ESTIMII.TE
$105,674.00
$98,5~52.00
$175,!525.5
TOTAL $379,7S1.50
L TM BID
$166,750.00
$123,269.50
$249,050.50
$538,470.00
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2004\04-04 CC Misc Contract Accept Jan170S.doc
1
rA'
The single bid is $158,718.50 (41.8%) over the estimate. The total bid from May 10th was for $512,357.!iO.
Proiect Description:
The 2004 Miscellaneous Concrete Construction Project consists of three distinct and separate work schedules. The
schedules are combined into one project to provide an economy of scale and to reduce the number of contracts to
administer. The separate bid schedules also provide the needed flexibility to eliminate one or more of the schedules from
the contract if budget conditions should require it.
Schedule A
Schedule A includes construction of new sidewalks on:
a) First Street: A to B Streets
b) B Street: Oak Street to Water Street;
c) Granite Street: south of Strawberry Lane;
d) Califomia Street: south of Quincy Street;
e) Garfield Street: Iowa Street to Siskiyou Boulevard.
Several areas of sidewalk repair are also included within Schedule A. Much of this work could be delayed.
Schedule B
Schedule B includes construction of pedestrian safety improvements in the form of curb bumpouts at five intersections within
the downtown business district. This project is partially funded at $35,000 from a Bike and Pedestrian Improvement grant
from ODOT. If this project were eliminated, it may be necessary to loose the grant as it has been extended twice already.
Schedule C
Schedule C is the Nevada Street LID which would be difficult to eliminate as it is an adopted LID and would require a public
hearing to terminate the City's obligation.
Staff has met with L TM to review the proposal to determine if possible cuts or reductions could be madE! in each of the bid
schedules but the potential reduction was inconsequential. It was agreed that the most prudent approach was to delay one
of the bid schedules for rebid at a later date.
The only schedule not encumbered by grant driven time constraints or LID requirements is Schedule A which is basically a
sidewalk construction project.
Proposed FundinQ
Following is a suggested funding source scheme to finance this project at the reduced total of $372,320.
1 $35,000.00 ODOT pedestrian grant
2 $205,000.00 Currently allocated for the Nevada Street LID
3 $75,000.00 Pedestrian Improvements
4 $57,320.00 Currently allocated for the Liberty St. LID which has been delayed pending Council review of LID
procedures and practices.
$372,320.00
A further breakdown by account source is as follows:
1 $35,000.00 ODOT Grant
2 $55,950.00 Transportation SDCs
3 $76,370.00 Street Contracted Services
4 $205,000.00 Nevada LID
$372,320.00
Related City Policies:
Ashland Municipal Code Section 2.50 sets forth the requirements of public contracting within the City of Ashland. Council
has determined that all public contracts in excess of $75,000 can be awarded only upon approval by Council.
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2004\04-04 CC Misc Contract Accept Jan1705.doc
2
rA'
Council Options:
Council may elect to approve the attached contract with L TM Inc. in the amount of $372,320.00 for Sche!dule Band C of the
2004 Miscellaneous Concrete Construction Project.
Council may elect to reject the bid submitted by L TM Inc. in its entirety and award no contract.
Council may elect to award alternative schedules of work within this project.
Staff Recommendation:
Staff recommends that Council approve the award of a contract to L TM Inc. for Schedules Band C of the 2004
Miscellaneous Concrete Project at a total cost of $372,320.00. Schedule A to be developed at a later date as a separate
contract.
Potential Motions:
Council may move to approve a contract to L TM Inc. for $372,320.00
Council may move to reject the bid submitted by L TM on December 14th, 2005.
Attachments:
Contract
Summary of Proposals
Copy of L TM Proposal
Detail Maps
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJEC1\2004\04-04 CC Misc Contract Accept Jan 1705.doc
3
r.l'
CITY OF ASHLAND
CONTRACT FOR PUBLIC WORKS CONSTRUCTION
Contract made this
City of Ashland, ("City") and
day of
L TM Inc. "(Contractor").
, 2006, between the
City and Contractor agree:
1. Contract Documents: This contract is made as a result of an Advertisement for Bid
issued by City for the 2004 Miscellaneous Concrete Project No. 2004-04. Contractor was
awarded the bid as the lowest responsible bidder. In the event of any inconsistencies in the terms
ofthis contract, the contract documents defined in the Advertisement for Bid and Contractor's
bid, this contract shall take precedence over the contract documents, which shall take precedence
over the bid.
2. Scope: Contractor shall begin and complete the project described in the contract
documents within the time prescribed in the contract documents. The following exceptions,
alterations, or modifications to the contract documents are incorporated into this contract:
3. Price & Payment: City shall pay Contractor amounts earned under the contract. All
payments will be made at the times and in the manner provided in the contract documents.
4. Performance and Payment Bonds: Contractor shall, within five days after execution
of the contract and prior to doing any work under the contract, furnish bonds to the City of
Ashland in a form and with a surety satisfactory to City in the penal sum of $372.320.00
(Schedules B & C Only) conditioned upon the faithful payment and performance of this contract
upon the part of the Contractor as required by ORS 279C.380.
5. Indemnification: Contractor agrees to defend, indemnify and save City, its officers,
employees and agents harmless from any and all losses, claims, actions, costs, expenses,
judgments, subrogations, or other damages resulting from injury to any person (including injury
resulting in death,) or damage (including loss or destruction) to property, of whatsoever nature
arising out of or incident to the performance of this contract by Contractor (including but not
limited to, Contractor's employees, agents, and others designated by Contractor to perform work
or services attendant to this contract.) Contractor shall not be held responsible for any losses,
expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and
approximately caused by the negligence of City.
6. Insurance: Contractor shall, at its own expense, at all times during the term of this
agreement, maintain in force a comprehensive general liability policy including coverage for
contractual liability for obligations assumed under this Contract, blanket contractual liability,
products and completed operations, owner's and contractor's protective insurance and
comprehensive automobile liability including owned and non-owned automobiles. The liability
under each policy shall be a minimum of $500,000 per occurrence (combined single limit for
bodily injury and property damage claims) or $500,000 per occurrence for bodily injury and
$100,000 per occurrence for property damage. Liability coverage shall be provided on an
"occurrence" not "claims" basis. The City of Ashland, its officers, employees and agents shall be
named as additional insureds. Contractor shall submit certificates of insurance acceptable to the
City with the signed contract prior to the commencement of any work under this agreement.
These certificates shall contain provision that coverages afforded under the policies can not be
canceled and restrictive modifications cannot be made until at least 30 days prior written notice
has been given to City.
7. Default: A default shall occur under any of the following circumstances::
7.1 If the Contractor fails to begin the work under contract within the: time
specified, or fails to perform the work with sufficient workers or equipment or
with sufficient materials to insure the prompt completion of the project, or
shall neglect or refuse to remove materials or perform anew such work as
shall be rejected as defective or unsuitable, or shall discontinue the
prosecution of the work.
1.2 If the Contractor shall become insolvent or declared bankrupt, or commit any
act of bankruptcy or insolvency, or allow any final judgment to stand against
the Contractor unsatisfied for a period of forty-eight (48) hours, or shall make
an assignment for the benefit of creditors.
1.3 From any other cause whatsoever, shall not carryon the work in an acceptable
manner.
8. Remedies: In addition to the rights and remedies to which the City may be entitled by
law for the enforcement of its rights under this contract, City shall have full power and authority,
without violating this contract, to take prosecution of the work from the Contractor, and
appropriate or use any or all of the materials and equipment on the ground that may be suitable
and acceptable and may cause a contract for the completion of this contract according to its terms
and provisions, or use such methods as required for the completion of the contract, in any
acceptable manner. All costs and charges incurred by the City together with the costs of
completing the work under the contract, shall be deducted from any money due or which shall
become due the Contractor. In case the expense so incurred by the City shall be less than the
sum which would have been payable under the contract if it had been completed by the
Contractor, then the Contractor shall be entitled to received the difference less any damages for
delay to which the City may be entitled. In case such expense shall exceed the sum which would
have been payable under the contract, the Contractor and the surety shall be liable and agree to
and shall pay the City the amount of the excess with damages for delay of performance, if any.
9. Prevailing Wage Rates: The Contractor shall pay a fee equal to one-tenth of one percent
(0.1 percent) of price of this Contract. The fee shall be paid on or before the first progress
payment or 60 days from the date work first begins on the Contract, whichever comes first. The
fee is payable to the Bureau of Labor & Industries and shall be mailed or otherwise delivered to
the Bureau at the following address:
Bureau of Labor & Industries
Wage & Hour Division Prevailing Wage Unit
800 N.E. Oregon Street #32
Portland OR 97232
The Contractor shall fully comply with the provisions of ORS 279C.800 through 279C.870
pertaining to prevailing wage rates.
10. Living Wage Rates: If the amount of this contract is $15,964 or more, ~md Contractor
is not paying prevailing wage for the work, Contractor must comply with Chapter 3.12 of the
Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees
performing work under this contract and to any subcontractor who performs 50% or more of the
work under this contract. Contractor must post the attached notice predominantly in areas where
it will be seen by all employees.
The Contractor shall fully comply with the provisions of ORS 279C.800 through 279C.870
pertaining to prevailing wage rates.
11. Assignment and Subcontracts: Contractor shall not assign this contract without the
written consent of City. Any attempted assignment without written consent of City shall be void.
Contractor shall be fully responsible for the acts or omissions of any assigns or subcontractors
and of all persons employed by them, and the approval by City of any assignment or subcontract
shall not create any contractual relation between the assignee or subcontractor and City.
Contractor may not substitute any subcontractors from the submitted list of First- Tier
Subcontractor Disclosure Form without written consent of the City, or by following the
procedures ofORS 279C.585 and OAR 137-049-0360.
CONTRACTOR
By:
CITY OF ASHLAND
By:
Signature
Lee Tuneberg
Finance Director
Printed Name
Its:
By:
Lega
REVIEWED AS TO CONTENT:
By:
Date:
/-CJ-06
Department Head
Coding:
(For City use only)
CITY OF
ASH lLANO
NEVADA STREET L.I.D.
-- .Miles
0 0.05 0.1
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Page 10
PROPOSAL
Mayor & City Council
Ashland, Oregon
The undersigned bidder declares that the bidder has received, read and understood all bid
documents; received, read and understood all addenda; the bidder has taken no exceptions other than
those clearly stated in this proposal; the bidder will be liable for increased costs (and attorney fees)
for retaining a replacement bidder if the undersigned bidder is awarded the contract but refuses to
sign the contract; the bidder has examined the plans and specifications, has visited the site, and made
such investigation as is necessary to determine the character of the materials and conditions to be
encountered in the work and that if this Proposal is accepted, the bidder will contract with the City of
Ashland, Oregon for the construction of the proposed improvement in a form of contract contained
in the bid documents, will provide the necessary equipment, materials, tools, apparatus, and labor, in
accordance with the plans and specifications on file at the City Engineering Office, Ashland,
Oregon, under the following conditions:
1. It is understood that all the work will be performed under a lump sum or unit price basis
and that for the lump sum or unit price all services, materials, labor, equipment, and all work
necessary to complete the project in accordance with the plans and specifications shall be furnished
for the said lump sum or unit price named. It is understood that the quantities stated in connection
with the price schedule for the contract are approximate only and payment shall be made at the unit
prices named for the actual quantities incorporated in the completed work. If there shall be an
increase in the amount of work covered by the lump sum price, it shall be computed on a basis of
"extra work" for which an increase in payment will have been earned and if there be a decrease in
the lump sum payment, it shall be made only as a result of negotiation between the undersigned and
the Owner. Furthermore, it is understood that any estimate with respect to time, mqterials,
equipment, or service which may appear on the plans or in the specifications is for the sole purpose
of assisting the undersigned in checking the undersigned's own independent calculations and that at
no time shall the undersigned attempt to hold the Owner, the Engineer, or any other person, firm or
corporation responsible for any errors or omissions that may appear in any estimate.
2. The undersigned will furnish the bonds required by the specifications and comply with
all the laws of the Federal Government, State of Oregon, and the City of Ashland which are pertinent
to construction contracts of this nature even though such laws or municipal ordinances may not have
been quoted or referred to in these specifications.
3. All items for the contract for which forms are provided in the bid documents have been
completed in full by the showing of a lump sum price or prices for each and every item and by the
showing of other information indicated by the proposal form. The undersigned submits the unit
prices set forth as those at which the bidder will perform the work involved. The extensions in the
column headed "Total" are made up for the sole purpose of facilitating comparison of bids and if
there are any discrepancies between the unit prices and the totals shown, the unit prices shall govern.
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2004\04-04 Mise Concrete Project Re Bid 10 05.doc
Page 11
4. The undersigned agrees that the "Time of Completion" shall be as defined in the
specifications and that the bidder will complete the work within the number of consecutive calendar
days stated for each schedule after "Notice to Proceed" has been issued by the Owner.
Bidder furthermore agrees to pay as liquidated damages, for each calendar day thereafter,
the amounts shown in Subsection 00180.50 ofthe Special Provisions, for each day the: project
remains incomplete.
5. The undersigned, as bidder, acknowledges that addenda(s) numbered -L through ~
have been received by the bidder and have been examined as part of the contract documents.
6. The undersigned, as bidder, acknowledges that provisions of ORS 279C.800 relating to
workers on public works to be paid not less than prevailing rate of wage shall be included in the
,
contract.
7. Instructions for First-Tier Subcontractors Disclosure. Bidders are required to disclose
information about certain first-tier subcontractors (those subcontractors contracting directly with the
bidder) when the contract price exceeds $75,000 (see ORS 279C.370). Specifically, when the
contract amount of a first-tier subcontractor is greater than or equal to: (i) 5% of the project bid, but
at least $15,000, or (ii) $500,000 regardless of the percentage, you must disclose the following
information about that subcontract within two working hours of bid closing:
7.1 The subcontractor's name and address;
7.2 The subcontractor's Construction Contractor Board registration number, if one is
required, and;
7.3 The subcontract dollar value.
If you will not be using any subcontractors that are subject to the above disclosure requirements, you
are required to indicate "NONE" on the form.
THE CITY MAY REJECT A BID IF THE BIDDER FAILS TO SUBMIT THE DISCLOSURE
FORM WITH THIS INFORMATION WITHIN FOUR HOURS OF BID CLOSING.
To determine disclosul"e requirements, the City recommends that you disclose subcontract
information for any subcontractor as follows:
1) Determine the lowest possible contract price. That price will be the base bid amount less all
alternate deductive bid amounts (exclusive of any options that can only be exercised after
contract award).
2) Provide the required disclosure information for any first-tier subcontractor whose potential
contract services (i.e., subcontractor's base bid amount plus all alternate additive bid
amounts, exclusive of any options that can only 1:'>e exercised after contract award) are greater
than or equal to: (i) 5% of the lowest contract price, but at least $15,000, or (ii) $500,000
regardless ofthe percentage. Total all possible work for each subcontractor in making this
determination (e.g., if a subcontractor will provide $15,000 worth of services on the base bid
and $40,000 on an additive alternate, then the potential amount of subcontractor's services is
$55,000. Assuming that $55,000 exceeds 5% of the lowest contract price, provide the
disclosure for both the $15,000 services and the ($40,000 services).
The disclosure should be submitted 011 the following form:
G:\pub-wrks\eng\dept-admin\ENGINEERIPROJECT\2004\04-04 Mise Concrete Project Re Bid 10 05.doc
Page 12
City of Ashland
FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM
(As Required by ORS 279C.370 and OAR 137-049-360)
2004 MISCELLANEOUS CONTRETE
PROJECT 2004-04
Bid Closing Date: November 30,2005 at 1:30 PM
NAME OF SUBCONTRACTOR
CATEGORY OF WORK
[DOLLAR VALUE II
1. V~~I(!;~~
2. C
Pt-J'(OtJ ~ ~
3
CoN~ ~lj2,4of~
~S~i~/,(z'~. ~tG,lOD/
I
4
5
6
7
8
9
10
* Attach additional pages if needed.
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2004\04-04 Misc Concrete Project Re Bid 10 05.doc
BID SCHEDULE
2004 MISCELLANEOUS CONCRETE
Project No. 2004-04
NO
SCHEDULE "A" (2004 MISCELLANEOUS CONCRETE PROJECT)
DESCRIPTION
Mobilization and Traffic Control
Mobi~izatio~ 1\. a. ~
for H.tt\:.. A I1'JEe J hALl Dollars
Temporary Wo~kJZone & Traffic Cqntrol, C9mplete
for Ad J '-". V"'B. j~,~ // J JI Dollars
~rOSiO~:~OI~ Dollars
Adjust Water Meter Box ~. ~,
for L.J /':tT '~ Dollars
Remove Concrete Curb &"'Gu~ r
for L7./ A Dollars
Remove Concrete Straight Curb
for ~ Dollars
Remo~ Exi~ing Trees, S~rubs & Stumps
for ~ A ~ jJ.JtA.uJl ~Dollars
.
1
2
3
4
5
6
7
Drainage and Sewers
Concr2.~urb and Gutter
for "" A""-;-. - bY'A-
Concrete Straight Curb ,..L-
for ~1 'A A T",-,n.....
6" Straight Curb '" , '~ A 4-
10 for v f n.v. A Dollars
Furnish and Plac~?" Weepholes under S/W
For - ,,"77. Dollars
8
Dollars
9
Dollars
1.1
Bases
v
Sawcut and Remove P.C. Concrete
12 for ~
Sawcut and Rel)1ove AC. Pavem t
13 for -r;-; ~ '<:J- 2~f) t':>
Dollars
Dollars
Wearing Surfaces
Concrete Driveway Aprpn 8'.5/
14 for I!) 1 AJ\ T V-- 7/00
Concrete Sidewalk, ~.
15 for LX4- 1- 7Lf!2
Handicap Ramij,s 'If. A, If . _
16 for ,~"" 1./. .IAIl.A .._Ii .k':1'1I
p y v 0
Dollars
Dollars
Dollars
QTY.
1340
1345
109
2140
1310
1420
8850
UNIT
UNIT PRICE
(FIGURES)
AMOUNT
LS ~Jsro~~ dOl ~ E5J.
,
LS ,$ ~ S-ozr $ 7 SOD eC/
$ ') <$C' $ '} Cl)C>
LS &<, f')~ 0< C'oO-
EA $ So eE~; I, a>o ~
$ 0' 2!P~ 5:
LF 0 /OJ 7;;J..CJ!!!!-
LF $ l;l~ $; <;7 d. !!?-
LS $ h Lf~ $; J) '1ev!!E...
1
1
1
20
81
1
28
LF $;2/ S!!3- $
LF $ /ggg $
$ o~~ $
LF 0
80
LF $ ;l(JOO $
SF $ 3.!E $
$ ')~ $
SF c:o<
7
SF $ 8' ~ $
$ ~- $
~-
EA $55?~ $
SF
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECTi2004\04-04 Bid Schedule for Addendum No 1.doc
;< [1,;;" 'fS-~
/, '1~r:J ~
~.;2. 'I RE-
I) 6co~
~) ~~O ~
2.9'17 :Z!!-
I~)f)h 7 ~
57,og';z ~-
3) 8SD~
NO
DESCRIPTION
QTY.
UNIT . UNIT PRICE
(FIGURES)
AMOUNT
17
A.C. patching.~ ~.
For Ib~_
Dollars
20
$. t$J $
TON ~-
/ DC
E:."> t\0O -
Permanent Traffic Safety and Guidance Devices
Striping and Marking
18 for
Dollars
$5060 :$
LS -
5" D .t!!Z.
Permanent Traffic Control and Illumination Systems
Relocate Sig
19 for ~
Dollars
3
::2/ 00
r-k:JD-
Right-of-Way Development and Control
Remove and
20 for ~
Dollars
SCHEDULE "B" PEDESTRIAN SAFETY IMPROVEMENT PROJECT
NO DESCRIPTION UNIT PRICE
(FIGURES)
Mobilization and Traffic Control
~; I g fJJO!!.!!..
1 LS
~; So t>O
2 LS -
Erosion Control J Dollars ~
3 for' ~ ~~/rl/., 1 LS
-
Roadwork
I ).'
Dollars 2400 $02 sP $ b OOD e-
4 SF
Dollars 1770 $oZ.~ $ ~ Y'S-~!.!!-
5 SF
Dollars 500 $/~~ $ 6, tJ~ () ,p!'.-.e
6 LF
Dollars 4 $ ~tJ~ $ :;l'fO.!!!2-
7 EA
8 Dollars 2 EA $5!)!!!?-$ /00 !;E...
Dollars 3268 $ S-eP- $ 17. 9 7'fEE-
9 SF
Dollars 1545 $7~ $ // S-f?'7 &
10 SF
G:\pub-vvrks\eng\dept-admin\ENGINEER\PROJECT\2004\04-04 Bid Schedule for Addendum No 1.doc
NO DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT
(FIGURES)
Handica ~amps / J) 55O!?E.
11 for Dollars 21 EA
12 ~~. patchi~~ Dollars 18 TONS 5": 'foo~
-
Drainage and Sewers
13 Dollars 617 $ &,.E!L $ I/, 10{, E5Z
LF
14 Dollars 15 $ g9!Z $ I d)..O .E!2-
LF
15 7 $/2.7~ $ 8Cj~s-.9E-
EA
16 2 $ ~ $ /~~~ EE..
EA
Install Storm Drain Manhole over Exist. Pipe ~9 $ 6 Ob
17 for --z:1.UD .--tA-~. Dollars 2 EA ') 1)lJO -
8" pve Storm D ain incl. Excav. And Backfill $ //~ $ ,9;lD ~
18 for Dollars 8 LF
12" pve Storm rain incl. Excav. And Backfill $ SS:-IJO $ 6. 3~gB
19 for Dollars 115 LF
4" pve Storm $7.!!!:- $ ;<66 eo
20 for ~.A~ Dollars 38
SCHEDULE "B" BID SUBTOTAL 3 c'J. ~ 9 EO
SCHEDULE "C" NEVADA STREET IMPROVEMENT. ALTERNATIVE
NO DESCRIPTION UNIT PRICE AMOUNT
(FIGURES)
Mobilization and Traffic Control
1 1 LS ~ 5ll? ~
2 LS 6 oeo ~
3 Dollars 1 LS ;;'5Vo 22-
Roadwork
4. Dollars 139 CY $ h 7El2- $; </.3/ ~
.
5 Dollars 5 EA $~$ Ig7S-~
6 Dollars 17 $ 5tJ~ $ gS-D~
EA
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2004\04-04 Bid Schedule for Addendum No 1.doc
---1L
.1::
r--
f- 4
i 16
NO
DESCRIPTION
QTY.
650
1059
154
868
Dollars 1422
UNIT
UNIT PRICE
(FIGURES)
7
Subgrade F Ibric 25'";
for ~ q,,"/fen Dollars
Remove ( '):1crete Curb and Gutter
for _ .~ q- !5Ofioo Dollars
Remoy( Existing S.D. Catch Basin & Connect to
Existin5..D. 1\ J1 #. .
for a...,. f) IL.. .JJ u,J v.t!TiJ Dollars
Rem k Exis~g Trees, Sh~~ ~r1S~
for __ IlAlL ~../J J:.l.J.~ ~. Dollars
Dollars 4437
2
$ /~ $
SY
$ 7~ $
LF
EA $ 7'ti>~ $
LS $~6l>D!!? ~~
/
8
9
10
Drainal e and Sewers
1 . S.D. Cla~s HE" ~ckfill /F
f "" 't"\A.of r V~I~ Dollars
,2" S.D. Class HE" Ba'ckttfl A (
For L'fj), ~LIT: ~ u.. W' Dollars
Curb Inlets v f,/ . . L
for ~ ~~ I:I:Juc. ~~ollars
11
15
Special C.UW Inlet wI Irrig. Diversion Gate
for ~~ ~ ~ ~ ./L.t -.{J Dollars
Concrete CUJund Gutter
for ~ UJ<.~ t'JYVL- Dollars
48" S~ Man~: J,. v.. . r-r-_ 11 /I .. J!
for ~~~Dollars
Segmerped Stackable Retaining Wall
for · A. ..;.. Dollars
Furnish and PI~,~ 2" PVC Sleeves under S/W
for j, ,.. ~~,., A Dollars
V4
Dollars 110
1
55
LF $ 7SC~ $
LF $ 7S.!!l. ~;
17
18
Bases
Sawcut an~move P.C. Conc~~
19 for .J J i tG>- 9-- "75AOD
Sawcut arid Remove A.C.bv€ment
20 for -;T ~ . hQ.
1" -0" Aggregate ~se.L.-- A'
21 for ,/.J0A71. 1'../..lH
v (J Y
Wearing Surfaces
Concrete CrosswaJk ~' grid)
22 for -;tII}el~..-
Concrete Driveway AI1~~ .".. .
fur ~ _
Concrete Sidewalk /J r
for P'/.~
...
Handicall ijamp$-! II /J r;.
for ~ 1 ~ li ~ ,AA J'1 ..I ~. /-r;-,
, 1/1/ v
Dollars
23
. Dollars
1727
1883
8393
16
12
EA $)I~~;
EA $ 3()oo~ $
-
LF $ ~/!!l- $.
$ ~_ f)C $
EA .J..LTJ
24
Dollars
1
5
70
SF $ cZ7!E $
$ / s;-po $
LF
Dollars
24
$""')~
SF C?<-
SF $:< ~
cy $.r;~ $
SF $ J:2.~ $
SF $ 7!!Z- $
$ r~ $
SF .::J'
EA $5'SlJ~ $
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2004\04-04 Bid Schedule for Addend~m No 1.doc
25
AMOUNT
8/;1.2-
79/f;).~
-'
9cn .!!!-
3 so 0 I!!-
/
~ /:J.!;; PE..
II~ St;D 5!'!!
IS; boo ~
3: C!V !!!J-
I~ :J.~8.E2-
/bJ COO:E-.
/. 8'10!!E-
3bo~
$ .1.9/D ~
,
ll. g 7'1 ~
~95V!!9
$
,
;2O/7J.lf~
"
131/~ J 2f2..
~ c;bS ~
<&', gco ~
NO
DESCRIPTION
QTY.
UNIT
UNIT PRICE
(FIGURES)
AMOUNT
AC. Patching ...J..Ih.. 17... 11 , _ /7 .
26 for ZMIJO~~ .Dollars 39
Permanent Traffic Safety and Guidance Devices
Striping and Marking, r.
27 fur .
TON
$. O!!!?- $
/Ij '7 (XJ'29-
Permanent Traffic Control and Illumination Systems
Dollars
LS $ 50 ~ i $ S?:>.!!!:-
Relocate Signs $ itJ~ - $ S/)O !?!?~
28 for Dollars 5 EA
Right of Way Development and Control
Landscaping ~ $d CO ()O $ 3/co ~
29 for If),,A m ~:!J4J ~ . Dollars 1 LS
Topsoil (-
30 for Dollars 10 CY $ .9o~ $ 9ttJ~
31 Dollars 1 EA $ /SOe5?- $ IS-o '!!E.
Water Supply Systems
%" Water Se ice, Trench Excavation & Backfill $,;(o~$ h 6tJO e.o '
32 for Dollars 75 LF
Irrigation Controller and Box for Landscape Area $ ~ ~(f).O $ ~lVO ~
33 for ~ ~ .L>~.(.~ Dollars 3 EA
SCHEDULE "C" BID SUBTOTAL O~>O ~
SCHEDULES "A" + "B" + "C" BID GRAND TOTAL $
5"' 3 ~ J.j j7 ~ .f!5Z
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2004\04_04 Bid Schedule for Addendum No 1.doc
Page 18
The City reserves the right to reject any and all bids, waive formalities, or accept any bid which
appears to serve the best interests ofthe City in accordance with ORS 279B.120.
The foregoing prices shall include all labor, materials, equipment, overhead, profit, insurance, and
all other incidental expenses to cover the finished work of the several kinds called for. Unit prices
are to be shown in both words and figures. In case of discrepancy, the amounts shown in words will
govern.
Upon receipt of written notice of the acceptance ofthis bid, Bidder shall execute the formal contract
attached within ten days, deliver surety bond or bonds as required, and deliver required proof of
insurance. The bid security attached in the sum of five percent of the total price for the bid or
combination of bids is to become the property of the Owner in the event the contract and bond are
not executed within the time above set forth as liquidated damages for the delay and additional
expense to the Owner caused thereby.
The Bidder is XX or is not
a resident Bidder as defined in ORS 279A.120.
LTM. INCORPORATED
Firm Name of Bidder
a c;' 'i/?4
Signature of Bidder
DAVID A. MIDTLYNG
Printed Name of Bidder
VICE PRESIDENT
Official Title
OREGON
State of Incorporation
#56603
CCB Number
Dated this
FOURTEENTH day of DECEMBER
2005.
Name of Bidder
Address
LTM. INCORPORATED
PO Box 1145 MEDFORD OR
97501
Telephone No.
(541) 770-2960
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2004\04-04 Mise Concrete Project Re Bid 10 05.doc
\
CITY OF
ASHLi\ND
Council Communication
Approval of a Public Works Construction Contract in Excess of $75,000.00
2005 Utility Construction Project No. 04-07
Meeting Date: January 17,2006 Primary Staff Contact: James H. Olson, 552-2412 WI ')
Department: Public Works /i'l' eering E-mail: olsOnj@aShland.or.uslv
Contributing Departments: Finan Secondary Staff Contact: Pieter Smeenk, 552-2413
Approval: Gino Grimaldi " E-mail: smeenkp@ashland.or.us
Estimated Time: 5 minutes
Statement:
Bids for the 2005 Utility Construction Project No. 04-07 were opened on January 3, 2006. Four formal
bids were received ranging from a low of $359,967.00 to a high of $449,956.00. The low bid was
submitted by Tobiasson Excavation of Ashland.
In accordance with AMC Section 2.50, council has reserved the right to approve all contracts in
excess of $75,000 and the award of a contract to Tobiasson Excavation is hereby submitted for
approval.
Background:
Proiect Description
The 2005 Utility Construction Project No. 04-07 includes the following schedules of work:
Schedule A - Walnut Street Sanitary Sewer Replacement
This project provides for the replacement of the existing 6 inch concrete sanitary sewer line in
Walnut Street with an 8 inch PVC sewer line. The replacement extends from Wimer Street to
Grant Street.
Schedule B - Granite Street Sanitary Sewer Replacement and Waterline Construction
This project replaces an aging 6 inch clay sewer line and a 12 inch steel waterline in Granite
Street between Strawberry Lane and Nutley Street. The replacement pipelines will be an 8
inch PVC sewer line and a 16 inch ductile iron waterline.
Schedule C - Walker A venue Storm Drain Construction
This project replaces an inaccessible section of storm drain between Parker Stmet and Homes
Avenue by re-routing the storm drain into the Parker Street and Walker AVenUE! rights of way.
This project will drastically reduce the flow of storm water through inaccessible backyards
while still providing a minimal flow of water (8 inch diameter equivalent) through the previous
course for use as a minor riparian way. Public Works staff has worked with Walker Elementary
School to develop and construct a new riparian way along the front of the school which will be
completed with this project.
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2004\04-07 CC for Tobiasson Contract Approval.doc
~A'
Fundinq
Each of the above projects have been budgeted and are currently in the accepted Capital
Improvement Plan. The costs for each schedule of work are:
Schedule A - $129,116.00
Schedule B - $145,675.00
Schedule C - $85,176.00
Proiect Biddinq
This project was first advertised for bidding on December 5, 2005 with the bid opening held on
January 3,2006. Bids were received from Tobiasson Excavating, KOGAP Enterprises, Central Valley
Excavation and The Totten Group. All bids were deemed complete and were accompanied by the
necessary documentation including a 5% bid bond.
The low bid of $359,967 was $10,213.00 below the engineers estimate and was $17,017 below the
Number 2 bid. (See attached summary of proposals and unit price comparison.)
Related City Policies:
Ashland Municipal Code Section 2.50 sets forth the requirements of public contracting within the City
of Ashland. Council has determined that all public contracts in excess of $75,000 can be awarded
only upon approval by Council.
Council Options:
Council may elect to approve the attached contract with Tobiasson Excavation, Inc. in the amount of
$359,967.00 for the 2005 Utility Construction Project.
Council may elect to reject all bids submitted and award no contract.
Staff Recommendation:
Staff recommends that Council approve the award of a contract to Tobiasson Excavation for the 2005
Utility Construction Project at a total cost of $359,967.00.
Potential Motions:
Council may move to approve a contract to Tobiasson Excavation Inc. for $359,967.00.
Council may move to reject all bids received on January 3, 2006.
Attachments:
Contract
Summary of Proposals
Unit Price Comparison
Vicinity Map
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJEC1\2004\04-07 CC for Tobiasson Contract Approval.doc
r~'
CITY OF ASHLAND
CONTRACT FOR PUBLIC WORKS CONSTRUCTION
Contract made this day of , 2006, between the City of
Ashland, ("City") and Tobiasson Excavation, Inc. "(Contractor").
City and Contractor agree:
1. Contract Documents: This contract is made as a result of an Advertisement for Bid
issued by City for the 2005 Utility Construction Project No. 2004-07. Contractor was awarded
the bid as the lowest responsible bidder. In the event of any inconsistencies in the terms of this
contract, the contract documents defined in the Advertisement for Bid and Contractor's bid, this
contract shall take precedence over the contract documents, which shall take precedence over the
bid.
2. Scope: Contractor shall begin and complete the project described in the contract
documents within the time prescribed in the contract documents. The following exceptions,
alterations, or modifications to the contract documents are incorporated into this contract:
3. Price & Payment: City shall pay Contractor amounts earned under the contract. All
payments will be made at the times and in the manner provided in the contract documents.
4. Performance and Payment Bonds: Contractor shall, within five days after execution
of the contract and prior to doing any work under the contract, furnish bonds to the City of
Ashland in a form and with a surety satisfactory to City in the penal sum of$359,967.00
conditioned upon the faithful payment and performance of this contract upon the part of the
Contractor as required by ORS 279C.380.
5. Indemnification: Contractor agrees to defend, indemnify and save City, its officers,
employees and agents harmless from any and all losses, claims, actions, costs, expenses,
judgments, subrogations, or other damages resulting from injury to any person (including injury
resulting in death,) or damage (including loss or destruction) to property, ofwhatsol~ver nature
arising out of or incident to the performance ofthis contract by Contractor (including but not
limited to, Contractor's employees, agents, and others designated by Contractor to perform work
or services attendant to this contract.) Contractor shall not be held responsible for any losses,
expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and
approximately caused by the negligence of City.
6. Insurance: Contractor shall, at its own expense, at all times during the term of this
agreement, maintain in force a comprehensive general liability policy including coverage for
contractual liability for obligations assumed under this Contract, blanket contractual liability,
products and completed operations, owner's and contractor's protective insurance and
comprehensive automobile liability including owned and non-owned automobiles. The liability
under each policy shall be a minimum of $500,000 per occurrence (combined single limit for
bodily injury and property damage claims) or $500,000 per occurrence for bodily indury and
$100,000 per occurrence for property damage. Liability coverage shall be provided on an
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2004\04-07 Tobiasson Contract Docs 1 06.doc
"occurrence" not "claims" basis. The City of Ashland, its officers, employees and agents shall be
named as additional insureds. Contractor shall submit certificates of insurance acce:ptable to the
City with the signed contract prior to the commencement of any work under this agreement.
These certificates shall contain provision that coverages afforded under the policies can not be
canceled and restrictive modifications cannot be made until at least 30 days prior written notice
has been given to City.
7. Default: A default shall occur under any of the following circumstances:
7.1 If the Contractor fails to begin the work under contract within the time
specified, or fails to perform the work with sufficient workers or equipment or
with sufficient materials to insure the prompt completion of the project, or
shall neglect or refuse to remove materials or perform anew such work as
shall be rejected as defective or unsuitable, or shall discontinue the
prosecution of the work.
1.2 If the Contractor shall become insolvent or declared bankrupt, or commit any
act of bankruptcy or insolvency, or allow any final judgment to stand against
the Contractor unsatisfied for a period of forty-eight (48) hours, or shall make
an assignment for the benefit of creditors.
1.3 From any other cause whatsoever, shall not carryon the work in an acceptable
manner.
8. Remedies: In addition to the rights and remedies to which the City may be entitled by
law for the enforcement of its rights under this contract, City shall have full power and authority,
without violating this contract, to take prosecution of the work from the Contractor, and
appropriate or use any or all of the materials and equipment on the ground that may be suitable
and acceptable and may cause a contract for the completion of this contract according to its terms
and provisions, or use such methods as required for the completion of the contract, in any
acceptable manner. All costs and charges incurred by the City together with the costs of
completing the work under the contract, shall be deducted from any money due or which shall
become due the Contractor. In case the expense so incurred by the City shall be less than the
sum which would have been payable under the contract if it had been completed by the
Contractor, then the Contractor shall be entitled to received the difference less any damages for
delay to which the City may be entitled. In case such expense shall exceed the sum which would
have been payable under the contract, the Contractor and the surety shall be liable and agree to
and shall pay the City the amount of the excess with damages for delay of performance, if any.
9. Prevailing Wage Rates: The Contractor shall pay a fee equal to one-tenth of one percent
(0.1 percent) of price of this Contract. The fee shall be paid on or before the first progress
payment or 60 days from the date work first begins on the Contract, whichever comes first. The
fee is payable to the Bureau of Labor & Industries and shall be mailed or otherwise delivered to
the Bureau at the following address:
Bureau of Labor & Industries
Wage & Hour Division Prevailing Wage Unit
800 N.E. Oregon Street #32
Portland OR 97232
G:lpub-wrkslengldept-admin\ENGINEER\PROJECl\2004104-07 Tobiasson Contract Docs 1 06.doc
The Contractor shall fully comply with the provisions ofORS 279C.800 through 279C.870
pertaining to prevailing wage rates.
10. Living Wage Rates: If the amount of this contract is $15,964 or more, and Contractor
is not paying prevailing wage for the work, Contractor must comply with Chapter 3.12 of the
Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees
performing work under this contract and to any subcontractor who performs 50% or more of the
work under this contract. Contractor must post the attached notice predominantly in areas where
it will be seen by all employees.
The Contractor shall fully comply with the provisions of ORS 279C.800 through 279C.870
pertaining to prevailing wage rates.
11. Assignment and Subcontracts: Contractor shall not assign this contract without the
written consent of City. Any attempted assignment without written consent of City shall be void.
Contractor shall be fully responsible for the acts or omissions of any assigns or subcontractors
and of all persons employed by them, and the approval by City of any assignment or subcontract
shall not create any contractual relation between the assignee or subcontractor and City.
Contractor may not substitute any subcontractors from the submitted list of First-Tier
Subcontractor Disclosure Form without written consent of the City, or by following the
procedures ofORS 279C.585 and OAR 137-049-0360.
CONTRACTOR
By:
CITY OF ASHLAND
By:
Signature
Lee Tuneberg
Finance Director
Printed Name
Its:
REVIEWED AS TO FORM:
By:
Legal Department Date:
REVIEWED AS TO CONTENT:
By:
Date:
Department Head
Coding:
(For City use only)
G:\pub-wrks\eng\dept-adminIENGINEER\PROJECT\2004\04-07 Tobiasson Contract Docs I 06.doc
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DOCUMENTS SUBMITTED AT THE
JANUARY 17, 2006
CITY COUNCIL MEETING
~J-c/
~~
Resolution No.
A RESOLUTION ADOPTING INFILL DEVELOPMENT AS THE PREFERRED
METHOD TO ACCOMMODATE FUTURE POPULATION GROWTH IN THE CITY
OF ASHLAND.
WHEREAS the City of Ashland has consistently declined to expand its Urban Growth Boundary since 1982
and,
WHEREAS, through Resolution 2003-37 the City of Ashland adopted the goals of the "Now x2" Bear
Creek Regional Problem Solving Strategy to conserve resource and open spal;e lands and in so
doing declined to adopt any lands for potential growth areas for the City, and
WHEREAS the City of Ashland has, through standard practice under its municipal code, annexation
standards and other adopted elements of the Land Development Ordinance sought to encourage
wise use of its existing land base for the widest variety of its current and future citizenry, and
WHEREAS the policy of increased development within existing residential and commercial areas as
distinct from expansion of development onto new land outside the city boundaries, is generally
referred to as "Infill Development," and
WHEREAS Infill Development supports the creation of new housing stock (both affordable and market
rate) as well as increased commercial developments that are near existing job centers and transit
systems, and
WHEREAS Infill Development helps to preserve that open space, agricultural, forest, recreation areas,
scenic vistas and other resource lands that surround the City of Ashland, and
WHEREAS increased density through Infill Development capitalizes on existing community assets through
efficient use of the city's sewer, water, electrical, road maintenance, parks, fire and police
services, and
WHEREAS Infill Development is widely recognized as an environmentally-sustainable alternative to low-
density sprawl that consumes huge tracts of land better used for other pUrpOSI~S than housing or
commercial development, and
WHEREAS the City of Ashland's implicit support and encouragement of increased density in existing
residential and commercial areas has played a positive role in creating an attractive and successful
community while increasing property values and business opportunities for its citizens,
Now, THEREFORE, BE IT RESOLVED,
That the City of Ashland, Oregon, acting by and through its elected City Government, does hereby
formally and explicitly state that Infill Development, the process of encouraging new construction on
vacant lands and under-used parcels within the existing City Limits and Urban Growth Boundary, is and
shall remain the preferred method and policy for addressing new housing and commercial development
within the City of Ashland. This policy of Infill Development shall continue to be encouraged and
supported through proper application of the existing Land Development Code, and Comprehensive Plan
along with any other legal and proper means as may be developed and adopted in the future.
Dear City Council Members,
My name is Daniel DeNeui and I live at 216 W. Nevada St. I was involved in th4~ initial
LID planning meetings and although I personally would have liked to see more dramatic
changes made to Nevada Street, I was pleased with the collaborative process and I feel
that the existing plan is acceptable. That said it is now time to get started on this project
so I would like to extend my strong support to release funds for this project as it has been
bid. Thank you.
Sincerely, .
/' 'P0~
;.. It;; tit/;:"- ~/~
Daniel L. DeNeui, Ph.D.
L.Mld-~ '-{k~.
Dear City Council Members,
My name is Daniel DeNeui and I live at 216 W. Nevada St. I was involved in the initial
LID planning meetings and although I personally would have liked to see more dramatic
changes made to Nevada Street, I was pleased with the collaborative process and I feel
that the existing plan is acceptable. That said it is now time to get started on this project
so I would like to extend my strong support to release funds for this project as it has been
bid. Thank you.
Sincerely, _
.., tf..~
. . .. /}".. .
", att?'f- /:-. ' 7~
Daniel L. DeNeui, Ph.D.
Dear'Honorable Mayor and City Council,
My n~me is Helen Troutman and I live at 95 West Nevada street.
I
I can't attend the City Council meeting on Jan 17 and ask that: my letter
be read into the record.
My home has a lien on it to pay for this LID.
I don't want a higher price On this project or another lien on my house.
I
Maybe you shouldn't do this proj ect~-
"j
I ask you to vote NO on the 42% increase in Nevada LID.
Sincerely,
Helen Troutman
I
~ ~!kf &11ofK
42% Increase In Nevada',LID $
1
Issue 1. Incorrect Cost-Sharing %. 1
Increase request uses incorrect %,
violates Resolution 19~19-09.
.In Nevada LID court CaSE!, City
admitted Council used incorrect %.
Request for 42% compounds, not
corrects, admitted violations.
http://pine.ashland.or.us/pipermail/council
Listserve shows 10 major issues on the
request to increase Nevada LID $ by 42%.
Many other reasons are before the Court.
Issues before Council tonight are ~rrors
compounded by 42% increase request.
Review several big issues & solutions.
Copies available: NevadaLlD@yahoo.com
NevadaLID@yahoo.com
"'._.- l., o:.._''''_.........~......".._ ,._. 1';....._
-......... . ......(: ."- ~_. _ .-.' _. i.,...... '.. ...~. ....,....~!....,..,... .__.~..._~_ _ _
"' ..-.ll~".\;oo;,.._........ -'_._. __ ...,_'......'I'~......
Issue 1. Incorrect Cost-Sharing %.
Council's Sep '04 decision shifted
developer'S LID costs to Ashland
taxpayers by using incorrect %.
Decision before you tonight5hifts
thousands of dollars more from
subdivision to Ashland taxpayers.
Issue 2. Resolution Is Required.
"Unless the council so di'rects by
further resolution, no ccmtribution
will be made by the city.. .if the LID
improvements are required...as a
condition of approval for a
subdivision". Res. 199~1-09 (1 )(B)
NevadaLID@yahoo.com
NevadaLID@yahoo.com
Issue 3. Conflicts Of Inter:est.
City admitted Paula Brown has 8
conflicts of interest in Nevada LID.
City admitted violating state ethics law.
Brown and developer get special $
benefits in this LID.
The 42% increase gives them MORE
$ benefits, compounding errors.
NevadaLID@yahoo.com
4. False Facts, Hidden Errors.
Attorney's legal opinion said Grimaldi
received disclosing email from Brown.
Under oath, Grimaldi testified he never
received disclosing email from Brown.
You decided based on false facts,
in a quasi-judicial proceeding.
You need to remedy false falcts first.
1
"
. \
I
4b. Hidden Error--Incorrect %.
Under oath, Olson testified: (1) Brown
told him to LJlse incorrect percentages.
(2) He knew when he presented them
to Councill that they were incorrect.
(3) He did not tell you because it was
not 'his pl.lce to do so'.
You need to remedy hidden errors first.
Issue 5. Uncompetitive Bid.
City only got 1 bid in Dec, 42% higher.
L TM charged dev. Mike Peru $3/sqft.
LIM charg~d City, Nevada LID $5/sqft-
same concrete, same street.
It shouldn't cost us quarter-million $$
to pour us a simple sidewalk.
NevadaLID@yahoo.com
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6. Concrete Crosswalks Are Urlsafe.
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Bi ticket item is concrete crosswalks.
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They're madE! of bullet-proof concrete.
OD01: TheY'lre unsafe for pedestrians.
lhJ?:iS~ with ~h~~lc~~irs, canes, vvalkers
~~,H!l'bl~ qn ,,:,~ise-~aking grooves.
PQRT: Co~~re~e cr~f5swalks are less
sa~~ and "l~.fe el$~~r~ive to install &
!i"~i~tain t,~.~~.st~~~~td white lines.
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7. You Have A Better Alternative.
__,~te't~~a LID. rr'!ajority,. who got liens
on their homes to pay for it, want:
~1. South-side' sidewalk. .
~ 2. ra,intedlad,der ~~~sswalks on
"'iI9wer-tr~f!ic ~ide ,Rf ~nte,rsectic;ns.
~3r ,~top si~I~~ on s!de streets.
S'~y'~~ithin'~'L:',dget. ~implify project.
, Nevad,aLID@yahoo.com
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6b. Painted Ladder Crosswalks.
-1J~vada LID majority: We want 'painted
ladder crosswalks', like downtown
and Siskiyou Blvd (@$275 ea). i,~'.
We sleep with windows open in t!, ,
summer and don't want to listen, Pi:
, 'bu-bu-bump, bu-bu-bump' all ni t.
. ~"
We want safe,simple,silent crosswalks.
No capital budget, no concrete cc;w~ract.
NevadaLlD@yahoo.com
Issue 8. Building Trust.
Mayor Morrison ended State Of The City
,- address with issue of earning trust.
~1. Base decisions on truthful fact~.
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~2. Satisfy public records law.
~3. Stop shifting developers L1D::i:[osts
to Ashland taxpayers. '.n
~4. Wiser budget management.
~5. Rely on majority will of the peG'ple.
Public interest, not special int~sts.
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2
Art Bullock, 791 Glendower. Presentation to Council on Nevada LID, Tuesday, January 17, 2006.
Slide 1. 42% Increase In Nevada LID 'costs.
I
City's public listserve at this URL shows 10 major issues on the request before Council tonight for a
42% increase in Nevada LID costs.
Many other issues are before the Court in the Nevada LID court case.
Issues before Council tonight are errors compounded by a 42% increase in Nevada LID costs.
Let's review several big issues and solutions.
I have copies of my prepared remarks;and slide show for you. Taxpayers wanting a copy can email me
at NevadaLlD@yahoo.com. ;
Slide 2. Issue 1. Incorrect Cost-Sharing Percentages
The 42% increase before you uses incorrect percentages to split costs between City and LID property
owners, including Billings subdivision.
Over a year ago, City admitted to the Court that Council's Sept 7, 2004 decision used incorrect cost-
sharing percentages.
A month ago, at a Court hearing on Dec 5, city attorney volunteered to go back and fix the incorrect
percentages if the Court desires. . . ,
Now we get a request for a 42% increase. Instead of remedying incorrect percentaglss admitted to the
Court, the request compounds the error by using even worse percentages.
This 42% increase request is so inconsistent with what city attorney told the Court that I checked for
the attorney's approval on the request. The request to Council shows no approval from city attorney.
The packet shows he signed the L TM contract. The request for how the contract is to be paid does not
show his approval.
Slide 3. (contd)
Council needs to realize that your admitted illegality on Sep 7, 2004 shifted LID costs from Billings
developer onto the shoulders of Ashland taxpayers by using incorrect cost-sharing p1ercentages.
Nevada LID is favoring the developer at taxpayer expense.
The request before you tonight shifts thousands of dollars MORE from the subdivision onto the
shoulders of Ashland taxpayers.
You've admitted violating Resolution 1999-09 on your last decision.
And tonight's request violates the same law even worse than last time.
Using the correct cost-sharing percentages requires a quasi-judicial hearing, since LID property
owners are affected. Since there's been no public notice, Council lacks jurisdiction tonight to decide on
a 42% increase.
Before I proceed to other issues, are there any quick clarification questions on this fundamental issue?
Slide 4. Issue 2. A specific resolutioj1 is required for this increase, not just a contract approval.
You cannot consider approving this contract tonight without a resolution.
Res. 1999-09, Section 1 (B) says "Unless the council so directs by further resolution, no contribution
will be made by the city...if the LID improvements are required...as a condition of approval for a
subdivision" .
There's no resolution tonight, so you 18ck jurisdiction to approve a 42% contract increase to pay the
developer's costs for Nevada LID.
Are th(3re any quick clarification questions on issue 2?
Slide 5. Issue 3. Conflicts Of Interest.
In the Nevada LID CCiUrt case, City admitted it is aware that Paula Brown has--not 1, but 8--conflicts of
interest in Nevada LID.
City further admitted violating state ethics law in not disclosing conflicts of interest and resolving them
in the public record.
Admissions to the Court show that Paula Brown and developer Mike Peru received financial benefits
from Council's prior decision.
Because Council has not resolved these admitted conflicts, the request before you tonight gives Paula
Brown and Mike Peru even MORE money benefits. This compounds the admitted conflicts of interest
rather tllan resolving them, as required by state ethics law. .
Slide e. Issue 4. False Facts, Hidden Errors.
City attorney's legal opinion for the SSlJ 7,2004 meeting established that Paula Brown had an actual
conflict of interest in Nevada LID and claimed she had disclosed her property ownership in an email to
City Administrator Gino Grimaldi.
'Uncar oath, Mr. -Gffiii81di testified n6f18ver rece'iveasLfch anemail from Paula Brown. Nor had he
received any written disclosure of any conflict of interest for Paula Brown.
City admitted to the Court that Mr. Gririlaldi is aware of 8 conflicts of interest for Paula Brown. Under
oath~ Mr. Grimaldi te~.tified th"at he had never asked Paula Brown for a written disclosure of any conflict
of interest.
YourNevada LID decision was based on false fads:~regOrtl Su'preme Court has established that a key
purposei of a quasi-judicial proceeding is to make decisions on a factually correct basis. Because you
violat~ahe judicial standards for quasi-judicial prC!1C'eedihgsin your Sep 7,2004 decision,you need to
go ba$JBrid remedy the error by correl'ting the false facts, so you can proceed based on truth. Until
you dd:~O; all decisions' compound the error of false:fa1cts. .
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Slide1.7~ :1~$Me 4b. Hiidde.n- Error Of Incorrect CO$t.:-Shi;lring Percentages.
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Quo:t~n.gJrpr;g a court: fiMng: : hie .. 'I;: .
"In qee~~itigp, under,gC\th,Project Mar ager James Olson admitted that:
(1) Council approved incorrect cost-sharing percentages.
(2) ~tW~~:Jpld to us.e~~he incorrect cost-sharing la.@r.G~otages by his boss, Public Works::p:irector Paula
Browli!! 0; ! I t(, '::!'., : ~:" ' I ! .
(3) H~!lkrle,W[when sh~. told ihim to use ':hese percentages that they were incorrect.
(4) H~.the" presentE~d:the incorrect percentages to,Cquncil. .i,";;
(5) H.~;!5~ew a~ ~he tirn~ he presented them to COl:lD-j:il on Sep 7, 2004, that the cost-sharing
percel!lt~g~s:were inGorrect. :;Cl: ;.
(6) H~pictflOt tell CmmGil this fact because he dicbnot ipelieve it was his place to do so."~. "
r -,
MaYOl:~Q9Council did;:not know the truth when y~ Il'!rde your decision last time, and a~ a result you
erred ,if' your decision, as admitted to the Court. X:ou kn,ow more [of the truth tonight.
You npw need to rern~dy errors hidden from you,befor.~ you compound them with a 42% cost
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Slidec8'il~~Je 5. UncOlilpetitive bid. ~;:! ':': :.
Let's ~~(~'~l'be the adlifih~derrors for ~ moment, ~k.chJ$lt look at the new estimated price.
City Wi\ly:got 1 bid in Dec, 42% higher than City's estimate, which by the way, had 3 layers of
contingency buffers already built-in.
The I~e:;bid came from L TM, who has worked exten~ively in Billings subdivision for Mike Peru.
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When L TM poured the sidewalk in front of Paula Brown's house, they charged Mikl3 Peru $3/sqft.
Their bid to the City was for $5/sqft.
L TM poured part of the sidewalk for $3/sqft, and now wants $5/sqft for Nevada L1D--same company,
same concrete, same street.
It shouldn't cost Ashland taxpayers a ~uarter-million dollars to pour a sidewalk on Nevada Street.
This i~: not a fair price. It's far too high, because L TM was the only one bidding.
Slide 9. Issue 6. Concrete Crosswalks Are Unsafe.
A big-ticket item in the 42% increase are concrete crosswalks made of bullet-proof concrete, literally.
This is not normal driveway and sidewalk concrete, it's very expensive concrete.
ODOT.. tells you that concrete crosswalks are unsafe for pedestrians--drivers can't see the crosswalks
due to ,low contrast of gray concrete.
ODOT also tells you that concrete crosswalks are unsafe for pedestrians because jlhose with
wheelchairs, walkers, canes, and crutChes stumble on the noise-making grooves.
Finally, ODOT tells you that concrete crosswalks are far more expensive to install cmd maintain than
standard white lines on pavement.
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Slide 10. Issue 6b. Painted Ladder Crosswalks.
Independently of ODOT, the majority of Nevada LID homeowners submitted a sigm~d majority-initiated
LID petition to you for standard 'painted ladder crosswalks', as City uses downtown and on the recent-
completed Siskiyou Blvd pro~ect.
A city truck applies these painted ladder crosswalks all over town, without a capital budget, without an
expensive concrete contract, at a cost of about $275 each. No muss, no fuss.
Homeowners told you they sleep with windows open in the summer, and don't want to listen to 'bu-bu-
bump, bu-bu-bump" all night long.
The neighborhood majority wants the safer, simpler, silent painted ladder crosswalks, which will save
us a bunch of money.
Slide 11. Issue 7. You Have a Better Alternative.
The majority-initiated Nevada LID, from those who have liens on their homes to pay for this project,
have signed telling you that they want:
(1) A sidewalk on the south side of Nevada Street.
(2) Painted ladder crosswalks on the lower traffic side of intersections.
(3) Stop signs on side streets.
You don't have to be stuck with a budget-busting bid from L TM.
You have a safer, simpler alternative Bupported by the majority.
As emails on the Iistserve show, property owners want you to vote NO on the 42% cost expansion, and
to simplify Nevada LID project, staying within the budget without putting more liens on private property.
Slide 12. Issue 8. Building Trust.
Two weeks ago, Mayor Morrison ended his State Of The City address with the key issue of the City
earning the trust of taxpayers.
With Nevada LID, you have several trlist-busters.
If you're serious about improving trust you can do it in Nevada LID in 5 ways.
1. Base decisionsi on truthful facts. .this hocus-pocus email destroys trust Taxpayer trust is
destroyed by the attorney's legal opinion telling Council that Gino Grimaldi received and deleted a key
email, when Mr. Grimaldi testified that he didn't receive it
2. Satisfy public records law. Those violating the law in Nevada LID are going to extraordinary
lengths to keep the truth out of the public record and off the city web site. Taxpayer trust comes from
open, transparent ~lovernment, not seci"ecy and cover-ups.
3. Stop shifting d1eveloper's LID costs to Ashland taxpayers. Resolution 1999-09 established clear
guidelines requirin~~ developers to pay their fair share. You're ignoring this resolution, crafted in 1999
by a grassroots group called 'Citizens For Fair LIDs', who worked with city council and staff. If you want
to improve taxpayer trust, follow the law.
4. Make wiser budget decisions. YOLl can pour our sidewalk without spending a quarter-million
dollars. Taxpayers want frugal management of their taxes, not wasteful spending on bells and whistles
that trade-off safety of neighborhood children walking to Helman Elementary School.
5. Rely on the majjority will of the people. Put the public interest before special interests. Nevada
LID )s,b~ing run by people q3ceiving monetary benefits. from Ashland taxpayers. The majority on
Nevaaa-Street have told you in writing what they want, I and there is broad consensus throughout Quiet
Villag~ Ci,lQQ.!Awhat w,en,eeq---'and what we don't ne~p-"on Nevada Street To build trust, r~jgrient this
gov~ff~rg~rlHrom ,sE~rvir;1ginsiders and ~pecial inter,e~ts tg serving the public interest by r~IMiXlg on the
majqritYiw}JI1'<?J the peopl~., t "
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January 14, 2006
Dear Mayor & Council Members,
PLEASE continue with the W. Nevada St LID. "We" being the
actual residents living on W. Nevada St, have already approved the
LID proposed to us by the City of Ashland's Planning Dept. With
incredible patience, "we" have waited for our City to uphold their
word to make our street safer. Due to the antics of a few, our
portion of the expense has gone up, not to mention the expense the
City of Ashland has had to endure, so "enough is enough"! Let's
get on with the project shall we?! !
I would like nothing more, than to see the vision born many years
ago, to come to it's fruition.
Thank you,
Christina Lindquist
266 W. Nevada St
Ashland, Oregon 97520
Page 1 of 1
Nora
From:
To:
Cc:
Sent:
Subject:
co ~
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Tuesday, January 17,20065:15 PM
letter to Council
~
AsWand City Council
January 17,2006
After 5 years, numerous tax dollars and numerous man hours spent on Council, Planning, Traffic Safety
and neighborhood meetings, as well as our legal department's time defending his frivolous lawsuits-
here we are again. This is by far one of the worst abuses by an individual that I have ever encountered.
I was just informed by a friend that Mr. Bullock was going to attend tonight's meeting and present his
erroneous stance that this LID situation is an aberration and, therefore, I felt compelled to make a
statement. Mr. Bullocks attempts to persuade the Nevada Street homeowners that this Street
improvement is unnecessary and illegal have continually been ignored by the Nevada Street
homeowners. His personal attacks on me and his intrusive investigation into my role in this LID while I
was working in the City Planning Department, have led to nothing. Worst of all, this individual has lied
to and deceited everyone he encounters.
The only thing he has been successful at to date has been delaying the installation of the improvements,
one which I might add, creates a more neighborhood friendly, safe environment for the Nevada Street
and surrounding residents. Due to material and labor cost increases during the past 5 years that Mr.
Bullock has held this LID up, this delay will end up costing me and my neighbors approximately 30% to
40% more than if the City had installed it when it was improved.
r'{;4/2;.'
I ask tonight that we move forw~ith this project and choose to focus on what the vast majority of the
neighborhood wanted man~ a~o, what the City Council approved, and what should be installed
now rather than to wait for more cost increases or one more fatality. I'm confident the City Council will
approve the LID. However, after seeing Mr. Bullock distort the truth and threaten the City and City
employees, my only concern is that the plan not get further delayed or minimized.
Unfortunately I'm unable to attend tonight's meeting, but wish to thank the Council for all of their hours
on this matter.
Sincerely,
Mark Knox
276 West Nevada Street.
1/17/2006