HomeMy WebLinkAbout2006-0207 Council Mtg Packet
Barbara Christenson
City Recorder
Council Meeting Packet
CITY OF
ASHLAND
IrnoQrtant:Any oitizen attending oQunoil meetingsrnay speak on any item on tHe .~genda, unless it is the
~.LI~j~~/Q.fClPublio hearing, whichJ1C1~~e.el1ol.~~~d ublio Forum is th~ ~ime.to speak on any subjeot not
on thepl'inted agenda. If you wish to speak,..plout the Speaker Requestform located near the
entrance to the Coul'lcil.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
disoussion, the number of peoplewmo wish lobe meard, and the lengtm of the agenda.
AGENDA FOR THE SPECIAL MEETING
ASHLAND CITY COUNCIL
February 7, 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 Counoil Meeting Minutes of January 17, 2006
V. SPECIAL PRESENTATIONS & AWARDS
VI. CONSENT AGENDA [5 minutes]
1. Minutes of Boards, Commissions, and Committees
2. Appointment to Bicycle and Pedestrian Commission
3. Liquor License Application - Pasta Pi. .
I K Approval of an Electric Departmen Contract for ood Pole Inspection in Excess of
V -- $75,000
-V' Perpetual Easeme~eemer}!]3)tween Members of TAP and tme City of Medford
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-tmirdsvote of council {AMC ~2.04.040})
VIII. PUBLIC FORUM Business from tme audience not included on tme 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. Approval of Grant Distribution Greater than $75,000 for the Oregon Smakespeare Festival
and Chamber of Commerce to receive Economic and Cultural Development Grants
~~~~ . ~
. Second reading of, "An Ordinance Amending Chapters 18.24,18.28, and 18.88 of the
. Ashland MUAlclpal Code - Land Use Ordinance, Regarding Conservation D4~nsity Bonus
Point CalclJlations for Re.sidentia.1 Developm~nt".[5 Minutes]
C()UNClL MEI',lINGS ARE BROi\DCAS [" I IV!: ON CIl!\ 'lNEL 9
ViSIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US ..
X. NEW AND MISCELLANEOUS BUSINESS
1. Renewable Resource Discussion [45 Minutes)
2. Food and Beverage Tax and Transient Occupancy Tax Collection [30 Minutes)
3. Discuss Allocation of Unused Transient Occupancy Tax Grant Monies [20 Minutes)
4. Quarterly Financial Report: October - December 2005 [20 Minutes)
5. Re~quest for Approval of Draft Trail Master Plan Document [30 Minutes)
6. AFN Report - July 1 to December 31,2005 [30 Minutes)
XI. SOLUTIONS AND CONTRACTS
F ' , "An Ordinance Vacating an Unopened Public Alley" [5 Minutes)
econd Readl g, by title only of, "An Ordinance Vacating an Unopened Public Alley"
XII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
1. Proposal by Councilor Hartzell for forum on community policing ordinance
2. Request from Councilor Hartzell to reconsider the motion made at the January 17th
meeting to approve the contract with L TM, inc. for $372,320
3. Request from Councilor Hartzell to discuss Federal lobbying efforts known as the "United
Front"
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 (ITY 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).
COliNCll MI'.I: IINCiS ARE BRO,\DC';\ST 11VI: ON C1L\NNEI9
v[.sn~ THE CITY OF ASHLAND'S WEB .srrE A I WWW.ASI-ILAND.OR.US
City Council Meeting
January 17, 2006
Page 1 of7
MINUTES FOR THE REGUALR MEETING
ASHLAND CITY COUNCIL
January 17,2006
Civic Center Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Morrison called the meeting to order at 7:00 p.rn. in the Civic Center Council Chambers.
ROLL CALL
Councilors Hardesty, Amarotico, Hartzell, Jackson, Silbiger and Chapman were present.
APPROVAL OF MINUTES
The minutes of the Regular Council Meeting of January 3, 2006 were approved as presented.
SPECIAL PRESENTATIONS & AWARDS
The Ashland Housing Commission made their annual update to the Council and identified the activities for the
2006 calendar year. In addition, the commission provided an update of trends regarding housing affordability
in Ashland and the region. They listed their goals for the Housing Action Plan as 1) Funding, 2) Reduce
Development and Operating Costs, 3) Land Use and 4) Preserve and Create Affordable Housing. The
following were noted as the Housing Commission 2006 Goals (items not identified in the Action Plan) as: 1)
Land Acquisition, 2) Vulnerable Properties, 3) Land Use, 4) Program Development and Review, 5) Planning
Review Process, 6) Inventories and Research and 7) Education and Outreach.
Mayor and Council expressed their appreciation of the Commission.
CONSENT AGENDA
1. Minutes of Boards, Commissions, and Committees.
2. Appointment to Planning Commission.
Councilor Amarotico/Jackson mls to approve Consent Agenda. Voice Vote: all AYES. Motion passed.
PUBLIC HEARINGS
1. Public hearing and first reading by title only of "An Ordinance Vacating an Unopened Public
Alley"
City Engineer Jim Olson briefly explained that this is a petition calling for the vacation of an unopened 20-foot
wide alley located between Ditch Road and North Street. Mr. Olson gave the background on the alley. He
explained the petition requirements and verified that all property owners abutting the alley are included on the
petition and over two-thirds of the "affected area" is represented on the petition.
Mr. Olson reported that this vacation is an intent to divide the property owners existing lot at 290 Skycrest
Drive into two lots. The Planning Commission unanimously approved the proposed alley but is tied to a
Planning Action. He further explained that although it would be difficult to develop because of the steep
grades and lack of connectivity, the alley CQuld 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 ofland 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.
Mr. Olson suggested that the following conditions be appended to the vacation of the alley:
City Council Meeting
January 17, 2006
Page 2 of7
. A ten-foot wide public utility easement is reserved to the vacation of the alley, if approved.
. The applicant grants an approximately 0.38 acre parcel ofland to the City for Parks open space.
He clarified that the public utility easement would not allow a building and that the Fire Department has
reviewed the vacation.
Public Hearing Open: 7:32 p.m.
Public Hearing Closed: 7:32 p.m.
Councilor Jackson/ Amarotico m/s to approve first reading and move to second reading with the
conditions outlined above. Roll Call Vote: Chapman, Hartzell, Amarotico, Silbiger, Hardesty and
Jackson, YES. Motion passed.
2. Public hearing and first reading by title only of "A Resolution Adopting a SupplementaUJudgetr.. ,""'. ,
Establishing Appropriations Within the 2005-2006 Budget"
Finance Director Lee Tuneberg presented background on the proposed supplemental budget, which is needed
to adjust the fiscal year 2005-06 appropriations. He explained that in fiscal year 2005-06 a proposed rate
increase, subsidy and larger fund balance carry forward was approved by the council to assure adequate
financial resources for the Telecommunication Fund. This is the second supplemental budget request for FY
2005-06 to transfer cash from the Electric and Wastewater funds to the Telecommunications Fund to meet
financial requirements including debt service.
Councilor Silbiger voiced his concern with the additional $1 million transfer of appropriations to contingency.
Mr. Tuneberg explained that funds would only be drawn from this contingency fund through the approval of
the council. Due to the public noticing requirement, staff felt that it would be better to do this at this time.
Public Hearing Open: 7:40 p.m.
Public Hearing Closed: 7:40 p.m.
Councilor Hartzell/Amarotico mls to approve Resolution # . Roll Call Vot(~: Amarotico,
Chapman, Hartzell, Hardesty, Jackson, YES and Silbiger, NO. Motion passed 5-1.
PUBLIC FORUM
Ambuja Rosen/211 Wightman/Spoke regarding her concern on the chaining of dogs and the minimal length
of the chain allowed for the dogs.
George Kramer/386 North Laurel/Spoke regarding infill and how he felt is was important to our community.
He voiced his concern that some in the community are using infill as "growth." He shared his concern
regarding two members of the Planning Commission, who intend to hold public forums on growth have
personal agendas and would not provide a balanced point of view. He felt that it is a total disregard to the
Planning Commission for these members to go off on their own without the support of the Commission. He
asked that these Commissioners be removed from the Planning Commission. Mr. Kramer provided a draft
resolution adopting infill development as the preferred method to accommodate future population growth in the
City of Ashland. (Submitted into the record and distributed to the Mayor and Council)
UNFINISHED BUSINESS
1. Future Study Session Topics
City Administrator Gino Grimaldi presented to the council the schedule for future study session items for their
review. He pointed out that there is a Special meeting scheduled at 7 p.m. on February 9 to discuss the Charter
Revision. Council requested that staff look at moving this meeting to 5 p.rn. instead of 7 p.m.
City Council Meeting
January 17, 2006
Page 3 of7
Suggestion was made that a study session be scheduled to discuss how the debt service for AFN would happen.
Mr. Grimaldi stated that this could be part of the Budget discussion or prior to the Budget discussion. It was
council's desire that this discussion happen prior to the Budget discussion.
Council commented on the importance of discussion regarding the Croman property and the Study Session
with the Forest Service and Forest Commission. Item #2 was deleted from future study session topics.
Hartzell requested that joint sessions be held in the future with the Planning Commission in order to discuss
issues that may necessitate municipal code changes. Council suggested that staff bring back a report on how
this would affect the workload of staff.
NEW AND MISCELLANEOUS BUSINESS
~maH"nOf'"H 1.. Request by the Ashland Housing Commission to Expand Their Powers and-Duti'es to Include .-"",' H',
Review of Current Planning Applications That Contain Affordable Housing
Housing Coordinator Brandon Goldman and interim Community Development Director Bill Molnar presented
the request by the Housing Commission for the Council to 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. He explained that the Housing Commission would be incorporated into the established
planning review process to provide recommendations to the Ashland Planning Commission and Council on
applications that contain affordable housing units as required by the land use ordinance, or for de:velopments of
greater than two residential units.
Mr. Goldman explained how other commissions (Tree Commission and Historic Commission) review
applications to determine whether the applications comply with the criteria relating to their specific area of
oversight are met. The Housing Commission would review work in a similar capacity. 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.
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. The proposed change 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.
Mr. Goldman stated that staff had not determined the full extent ofthe impact on the Community Development
Department and that the organizational audit will be advantageous in evaluating how significant these impacts
would be, given the existing and projected workloads. If council should direct staff to proceed with the
modification, an evaluation of the measurable impacts upon the review process, timing, noticing requirements,
and estimated workload on Community Development staff can be provided to the council.
Mr. Molnar felt that it would be helpful to use the Housing Commission as a resource but that impact on staff
should be considered. He suggested that it would help to get the Housing Commission involved early for
projects involving zone changes or annexations.
Staff provided examples of applications where it may have been helpful if the Housing Commission had been
involved in the application process.
Housing Commissioners Jennifer Henderson and Bill Street made themselves available to the council for any
questions that they have. The Commissioners commented that they are an integral part of the process, which
City Council Meeting
January 17, 2006
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would be helpful when bringing applications forward to the Planning Commission. Stated that by having the
Housing Commission involved would bring greater awareness of what works and what does not work. Mr.
Street commented that this would be an opportunity for the council to raise awareness of Affordable Housing
and the importance of Affordable Housing to the community. He requested that the council identify this as a
priority now and that the planners to find the time to accommodate this modification.
Mr. Grimaldi stated that we should concentrate on what we want to accomplish and to accomplish it in a timely
manner. Hartzell voiced strong support for using staff in order to advocate moving Affordable Housing
forward. City Attorney Mike Franell clarified that if input comes in pre-app, it does nCit come in as
automatically part of the record.
Councilor Jackson voiced concern with the workload on staff and the complexity of review on applications by
the Housing Commission. She stated that given the current goals of the Housing Action Plan and the Housing
Commissions own goals this modification would require a substantial workload on staff and the Commission.
She would prefer to see evaluations of our municipal code in how we could accommodate housing needs. She
is reluctant to add another Commission to the review sequence. She would prefer staff s recommendation that
meetings happen early on in the application process.
Mr. Street noted the diversity of the Housing Commission members and felt that the council has the ability to
give the Commission this charge.
Councilor Amarotico supports the idea ofthe review process before the application and voiced concern with
the workload associated with the modification. Councilor Silbiger sees benefit of the Housing Commission's
involvement in the pre-app process but voiced concern with anything more than that. Councilor Chapman felt
that pre-app is too late. Councilor Hartzell felt that there is a need for the Planning Commission to know what
the Housing Commission is learning. She felt that this would be an education of the Planning Commission and
that it is very important for the Housing Commission to be involved in order to facilitate Affordable Housing.
Ms. Hartzell offered to work on modifications to the Historic Commission or any other Commission that would
remove their responsibility to review in order to free up staff time for support of the Housing Commission
reVIew process.
Mayor commented that staff has agreed to bring back an assessment on time commitment and where to insert
this process. He suggested that council allow staff to do this and hold further discussion once this information
has been provided to the council. Mr. Street offered another suggestion that the Housing Commission could be
involved in the pre-app and then again at the review process. It was suggested that all commissions be
reviewed on their involvement with planning actions. Councilor Jackson felt that in order to do this would
require a study session for further discussion.
Councilor Amarotico/Jackson m/s to direst staff to come up with a policy for the Housing Commissions
involvement in the pre-app process and for the Housing Commission to report back in a Yl~ar to see how
it is working. DISCUSSION: Mr. Street felt that this is a good start but that meeting with the Planning
Commission would be a good two-way street discussion and opportunity for education. Voice Vote:
Amarotico, Jackson, Chapman, YES; Hardesty, Hartzell and Silbiger, NO; Mayor Morrison, YES.
Motion passed 4-3.
2. Council Chair Election
Councilor Chapman/Hardesty m/s to elect Councilor Amarotico as Council Chair for the year 2006.
Voice Vote: all AYES. Councilor Hartzell was out of the room. Motion passed.
3. Approval of Public Contract Greater than $75,000 - QWEST, Internet Bandwidth
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City Council Meeting
January 17, 2006
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Finance Director Lee Tuneberg presented staff report on the approval of a 24-month agreement with Qwest to
provide internet bandwidth and a local loop connection from inside the AFN head-end control room to the
Qwest data network. He explained that contracting for bandwidth has been difficult and irregular for the City.
AFN is currently utilizing two suppliers for bandwidth, a contract with Hunter and one with Qwest. Staff feels
strongly at this time that it is in the City's best interest to have two sources for Internet Bandwidth.
Current purchasing rules exempt bandwidth from bidding but the City's purchasing rules require that the
contract come before the Local Contract Review Board for approval. Mr. Tuneberg explained that quotes were
requested from several supplies for internet bandwidth. The 2-year agreement amounts to $156,793.00.
City Attorney Mike Franell clarified that the Oregon State Public Records law does provide for confidential of
records if there is confidential clause in the contract.
Councilor Chapman/Jackson m/s to approve public contract with Qwest for internet bandwidth and
local loop connection be approved based on written findings. Voice Vote: all AYES. MoHon'passed.
4. Ratification of New Agreement with the IBEW Electrical Workers Union
City Attorney Mike Franell presented the negotiated tentative agreement for the IBEW Electrical Workers
Union. Mr. Franell gave brief background on the negotiations that took place since June 2005 and noted the
basic changes from the agreement as the following:
. Adding funeral leave which was expanded to include in-laws, step children and parents in the
definition of immediate family
. Allow new members 12 months to establish residency within a 30 minute response time area
. Clarification that the City is providing an insurance plan and that individual benefits within the plan
are subject to change by the insurance vendor
.. Provides a Medicare supplement for retirees between the ages of 60 and 65 for current ~:mployees, but
not for new employees after June 30, 2005.
. Wage increases as follows:
Electrical Workers
. July 1,2005 - 3%
. January 1, 2006 - 2.5%
. July 1, 2006 - 1.5%
. January 2,2007 - 3%
. July 1, 2007 - 5%
AFN Workers
. July 1, 2005 - 3%
. July 1,2006 - 3%
. July 1,2007 - 3%
. Agreement will be for a three-year term
Staff clarified that there are no vacancies in the department and that there has been no recent turnovers.
Councilor ChapmanlHardesty m/s to approve IBEW Electrical Workers Union contract. Voice Vote: all
AYES. Motion passed.
5. Approval of a Public Works Construction Contract in Excess of $75,000 - MiscellallE~ous Concrete
Construction Project 04-04
City Engineer Jim Olson presented the Public Works Contraction contract and stated that it has become
increasingly difficult in the transportation projects to get good bids for the project. Mr. Olson explained that
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City Council Meeting
January 17,2006
Page 6 of7
staff has been combining projects in order to attract more bidders and that this was done with this project.
However, due to shortage of workers in this field, cost of goods and services, only a single bid was received,
which was much higher than the engineer's estimate. He stated that the project has been organized into three
distinct bid schedules to provide flexibility in the size and composition ofthe project.
Mr. Olson explained that two of the projects associated with this contract have grant monies as.sociated with
them and to delay them may affect these grants. Staff is recommending that the contract b~: awarded for
Schedules Band C at a total cost of$372,320 and that Schedule A be delayed until a later date. He explained
that the only schedule not encumbered by grant driven time constraints or LID requirements is Schedule A,
which is a sidewalk construction project.
He further explained that the resolution governing Local Improvement Districts would not allow the estimated
assessment to increase any more than 10% even though the bid is approximately 42% higher than estimated.
Mr. Olson stated that they had considered breaking the project into smaller projects but the smaller companies.
were not interested. He noted that the cost of concrete has increased substantially. He clarified that some of
the areas that have potential liability issues for sidewalks, that L TM has agreed to include these areas in the
contract. He stated that in many cases the responsibility of sidewalk repair actually is with the property owners,
the areas he is speaking of are on city property.
Mr. Olson clarified that the downtown sidewalk project needs to be considered in regards to the grants monies
associated with this project and that it would be best to have the project completed before summer. He
clarified that the bump outs were identified in the prior downtown plan and it was determined that due to the
pedestrian benefit it would be best to move this forward. Mr. Olson stated that if this project wlere held off, it
would result in the loss of grant monies.
Councilor Amarotico disclosed a potential conflict of interest due to his ownership of a business in the
downtown area and would not have an impact on his decision-making in this matter.
Mayor Morrison noted that one of the intersections involved in this project is a particuJlar dangerous
intersection and did result in a loss of life previously.
Councilor Hartzell/Amarotico m/s to extend meeting until 10:30 p.m. Voice Vote: all AYES. Motion
passed.
Anthony Kerwin/300 W. Nevada/Expressed his support of approving the contract for improvement of
Nevada Street and the downtown area.
Nora Knoxl276 W Nevada StreetNoiced her support on the acceptance of this bid by the council. Noted the
amount of time and energy that has been put into this LID and requested that the council approval this contract
in order to move forward with the project.
Art Bullock/791 GlendowerN oiced his concern with what he perceived as a 42% increase in the Nevada
Street Local Improvement District. He stated that there had been incorrect cost sharing percentages and that
the City Attorney had not corrected this problem. He feels that this request shifts thousands of dollars more
from the subdivision onto the shoulders of the Ashland taxpayers. Mr. Bullock stated that the council could
not approve this contract without a resolution. He further cited what he felt were numerous ethic violations by
Public Works Director Paula Brown, concern by the lone bid from L TM, unsafe concrete sidewalks, painted
ladder crosswalks. (Complete written comments submitted into the record)
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January 17, 2006
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The following individuals submitted written comments into the record:
Daniel DeNeui/216 W. Nevada Street; Christina Linquist/266 W. Nevada Street, Helen Troutman/95
West Nevada Street and Mark Knox/276 W Nevada Street.
City Attorney Mike Franell stated that he does not agree with Mr. Bullock's statements and that the council
would not be making a decision based on false information. He commented on the appropriateness of the
proposed sidewalks, how this project would benefit all the property owners in the area because the city is
participating at a greater extend rather than doing a technical breakdown. He explained that because it is being
viewed as a pedestrian improvement project and is classified under the 60% sidewalk improvement. He
clarified that the city is operating under an estimated assessment and allows the city the ability to obtain funds
over the 10%. Does not feel there would be a breach of trust on the council's part if they were to approve this
contract.
Mr. Olson offered some examples of where costs could be cut in the project, but noted that these changes
would be subject to the review of the contractor.
Councilor Chapman voiced concern with changes associated with the downtown and his concem with being
held hostage by one concrete company.
Councilor J acksonl Amarotico mls to approve a contract to L TM Inc. for $372,320. DISCUSSION: Mr.
Franell clarified that Mr. Bullock had asked the court for an injunction on moving forward on this LID, but the
court denied his request. If the court finds that there has been in incorrect cost sharing percentage then the city
would need to hold another public hearing. Voice Vote: Amarotico, Hartzell and Jackson, YES; Hardesty,
Silbiger and Chapman, NO; Mayor Morrison, YES. All AYES. Motion passed 4-3
6. Approval of a Public Works Construction Contract in Excess of $75,000 - 2005 Utility Construction
Project No. 04-07
City Engineer Jim Olson presented the contract for the 2005 Utility construction project.
Councilor Silbiger/Amarotico mls to approve the award of a contract to Tobiasson Excavation for the
2005 Utility Construction Project at a total cost of $359,967 . Voice Vote: all AYES. Motiion passed.
ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Second reading by title only of, "An Ordinance Amending Chapters 18.24, 18.28, ancl18.88 ofthe
Ashland Municipal Code - Land Use Ordinance, Regarding Conservation Density Bonus Point
Calculations for Residential Development"
Item was delayed due to time constraints.
OTHER BUSINESS FROM COUNCIL MEMBER
ADJOURNMENT
Meeting was adjourned at 10:30 p.rn.
Barbara Christensen, City Recorder
John W. Morrison, Mayor
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ASHLAND AIRPORT COMMISSION
DECEMBER 6, 2005
MINUTES
MEMBERS PRESENT: LINCOLN ZEVE, RICHARD HENDRICKSON, PAUL WESTEIUvfAN, BOB
SKINNER, JOHN MORRISON, CLAUDIA STOCKWELL
STAFF: DAWN LAMB
MEMBERS ABSENT: GOA LOBAUGH BILL SKILLMAN TOM BRADLEY, VICKI GRIESINGER,
Visitors: Alan DeBoer and Alan Bender
1. CALL TO ORDER: 9:30 AM
2. APPROVAL OF MINUTES: November 1,2005, minutes approved as written
3. Public Forum:
4. OLD BUSINESS:
A. ALP Master Plan Update
Lamb has gotten permission to have the review of the ALP put on the Council agenda and needs to write
up a Council Communication and submit it to the City Administrator. The entire draft ALP has been
scanned and Lamb will email the book to the Council members so that a number of hard copies do not
have to be made. The book is rather large and it would be very costly to reproduce it for all the Council
members. Lamb will have Skinner and Zeve listed for contacts for questions.
B. Strategic Planning Action Planning:
Economic Impact Study - The final presentation of the study will be presented by the students to their
class Friday at 4 PM. Zeve will be attending and welcomes any of the other commissioners to join him.
Bender felt the study questions were well done and the response was very impressive. Zeve will forward
a copy of the electronic version to Lamb as soon as it is received.
Web Cam Update - Lobaugh and Zeve met with the Sky Research IT department to discuss the
parameters and needs for attaching the web cam to their system. The commission discussed the best
location of the web cam for the best vantage point for landings. Consensus was to have the camera
looking south! southeast to see Pilot Rock for visibility over the Siskiyous. Lobaugh researched several
different weather downloads to link to for free information. Westerman suggested wundergound for
weather links. They have a link on Mt. Ashland which is very helpful.
The web link could be possible without hardwiring into the Sky Research building if wireless routers
were established on the field. This would increase the cost of the installation considerably. It would
mean that internet would be available to more hangars at the airport. The router is viable for about 200
feet. Although this will be beneficial in the future, the fastest and most economic way to install the
camera now would be to mount to the Sky Research hangar.
Lobaugh will work with Hendrickson on the web site which will link to the City web site. Language
needs to be supplied by Lamb. Skinner may do a cost sharing with Sky for the intemet service. The
integrated weather link needs to be chosen. Skinner will look into the DTN weather station as a possible
link for the cam. The cost of the camera will come from the commission budget.
Lobaugh felt he could have installation and web site up and running by April.
Marketing - Lobaugh suggested a marketing effort that links the hotels and! or the bed and breakfasts to
do package fly-ins for pilots. This could be beneficial to the airport and community. It would bring in
business and if it was set up to be a web based package choice it could be easily used. There are so many
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tourist attractions in Ashland that it would be nice to do OSF packages or winery tours, river rafting trips
and other destinations. Stockwell has an acquaintance who is starting a concierge business who could be
very interested in partnering up to offer these packages. Lobaugh, Bender and Zeve will do a
subcommittee meeting to brainstorm some possibilities to present to the chamber or other outlet.
C. CIP Plan
Dave Roberts, FAA is looking for a list of our top priorities for the next five years of Airport
Improvement funds and entitlement grants. Lamb asked the commission to look over the enclosed list of
items to see if the priorities needed to be rearranged.
The Superunicom is moved from 2008 to the 2006 Entitlement Grant application for October 2006.
Commission considered where the most appropriate extension of taxiways would be. The CIP has a 700
foot section with laterals and main taxiway earmarked. The main taxiway up past thi::: Day/Tout hangar
and connecting to the taxiways adjacent to the new T-hangars would give connectability and offer another
feasible area for a row ofT-hangars. Lamb will work with Jim Olson for estimated costs for the utility,
excavation and cost of the taxiway. This will give opportunity for more revenue for the City. The apron
in front of the commercial business area, parking area and road to the commercial area are also important,
but the commercial businesses are sometimes subsidized by SOREDI grants and other business
opportunities that private hangars would not be qualified for. If at all possible, the AIP funds should be
used for private expansion and the commercial left for subsidized funds.
The parking lot rehabilitation may be earmarked for 2008 fiscal year.
Hendrickson motioned to have the priorities in the following order: Superunicom, main taxilane, two
connecting laterals. Seconded by Stockwell, passed unanimously.
4. NEW BUSINESS:
A. Fire Department Emergency Training
Delayed
B. Taxi Service to Airport
Valley Lift, which is a division of RVTD, has broke contract with RVTD and will b(: closing down. This
will mean even less available cars. There is a new taxi that seems to be driving around, Metro Taxi. Zeve
once again suggested the courtesy car understanding the liability and hassle it is for Skinner Aviation. It
is an expectation for pilots to be able to get to town after they land. Morrison said that Yellow Cab still
holds the franchise contract with Ashland. Stockwell reiterated that this is not a unique problem with the
airport, but with all of Ashland. There are few shuttle services with the hotels that consider picking up at
the airport. The Chamber of Commerce would be a good contact to help explore the possibilities of
linking with the hotels and bed and breakfasts. Stockwell has been in contact and has been trying to have
a representative attend a commission meeting. Skinner will try and keep a log of customers needing taxis
and other transportation.
5. AIRPORT MANAGER REPORT/FBO REPORT/AIRPORT ASSOCIATION:
A. Status of Airport, Financial Report, Review of Safety Reports
Skinner asked if the parking lot could be restriped next painting season. Lamb will put in a request with
the Street Department.
Burl Brim and Bill Tout have exchanged the lease. Burl has been in and signed both a land lease and a
SASO lease. Lamb will need to meet with the Legal department to discuss Burl using his own fuel and if
there could be any conflict with Skinner.
The Green hangars have had continual problems. The wrong door assembly showed up and the installer
needed to send it back for another. The floor of the hangar is asphalt. The hangar used to be an open
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hangar and the floor was never covered or treated so the asphalt where the door rolls has began to
deteriorate. Lamb continues to work with Dale Peters to have the doors functioning correctly. A track
will be added on the ground under the door to help it slide easier. The floor itselfhas layers and layers of
paint which have caused another issue since it is also on top of asphalt. The cleaning estimate received is
in excess of $8,000. Peters has asked the Street Department for more inexpensive solutions.
DeBoer was going to do another follow up on the progress of the Airport User Group. It would be
beneficial to have their help in funding the web cam and have their input on 'the marketing ideas and taxi
service, The community needs to become a part of the airport.
Next Agenda: Budget Review of outstanding debt service, maintenance costs, income and expenses.
6. NEXT MEETING DATE: December 6, 2005, 9:30 AM
ADJOURN: Meeting adjourned at 11 :20 AM
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CITY OF
ASHLAND
ASHLAND PLANNING COMMISSION
HEARINGS BOARD
MINUTES
DECEMBER 12, 2005
CALL TO ORDER - The meeting was called to order at 1 :35 p.m. by Commissioner Michael Dawkins at the Ashland Civic
Center, 1175 East Main Street.
Commissioners Present:
Michael Dawkins, 2nd Vice Chair
Mike Morris
Allen Douma
None
Jack Hardesty, absent
Bill Molnar, Interim Planning Director
Derek Severson, Assistant Planner
Amy Anderson, Assistant Planner
Mike Franell, City Attorney
Sue Yates, Executive Secretary
Absent Members:
Council Liaison:
Staff Present:
APPROVAL OF MINUTES
Douma/Morris m/s to approve the minutes of the November 8, 2005 meeting. Voice Vote: Unanimously approved.
TYPE I PLANNING ACTION
PLANNING ACTION: 2005-1953
SUBJECT PROPERTY: 1167 Tolman Creek Road
OWNER/APPLICANT: Michael & Mary Jacobson
DESCRIPTION: Request for Land Partition to divide a lot into two parcels for the property located at 1167 Tolman Creek Rd. A
Variance is requested to the rear yard setback from the existing home to the proposed property line.
This action was approved.
TYPE II PUBLIC HEARING
PLANNING ACTION: 2005-01474
SUBJECT PROPERTY: 893 Hi/lview Drive
OWNER/APPLICANT: Medinger Construction Company/Erin McNulty
DESCRIPTION: Request for a Land Partition to create a flag lot from the rear of the property located at 893 Hi/Mew Dr. The
application includes a request for a Variance to create a lot that is wider than it is deep.
Site Visits and Ex Parte Contacts
All Commissioners had a site visit. Dawkins is acquainted with some of the neighbors. Morris had a conversation with Lynn
Costantino, a neighbor, but they did not discuss anything pertaining to the application.
STAFF REPORT
Anderson gave a history of the application to this point as reported in the Staff Report Addendum. II. She explained the status
of the 120 day time limit. This hearing is continued from November 8,2005.
Franell explained there is a restriction on the maximum lot depth of 150 feet in the code. If the flag drive area is included in
the calculation of the lot area, in most instances that would end up exceeding the maximum lot depth.
Dawkins asked if the applicant could tear down the existing house and make a legal flag drive. Anderson affirmed and said the
lot depth dimension is dictated by the ten foot rear yard setback for the new garage addition the applicants have proposed. If
they removed the house, they could meet lot, width and depth dimensions. The full lot depth is 190 feet.
PUBLIC HEARING
LARRY MEDINGER, 115 Fork Street, distributed materials to the Commissioners showing examples of 27 flag lots in the Clay
Street area and 32 lots in the Oak Street area. Some lots are square, some are wider than deep and some are deeper than wide.
He believes the framers of the 1964 ordinances when referring to lots that are supposed to be narrower and longer were meant
-------- ------.-
to mean the interior lots on the inside of a block on a street and that this section was not intended to refer to flag lots. The
purpose of his examples is to show what the City has practiced in the past. He believes the Assistant City Attorney's
interpretation is incorrect. Medinger thinks his suggestion for the Hillview lot is good planning.
Medinger said when looking at the Variance criteria, we don't create a Variance because it is a unique situation. He thinks
Criteria 2 is the critical issue - Is it a better way to do a project? He is proposing this is a unique situation because previously it
has been one thing and now we have an interpretation from an unrelated part of the ordinance that suggests something else.
That makes it a unique situation. In every other way, this is not a unique situation. His project is exactly the kind of planning
they have been promoting including appropriate use of land and appropriate setbacks and it complies with the ordinances. He
wouldn't even be applying for a Variance ifit weren't for the aforementioned ordinance interpretation.
VERNON HUBKA, 843 Hillview Drive, said he looked at Medinger's document dated November 22,2005, page 3 - Criteria for
Variance. He said Medinger's statement is incorrect. The statement referred to Hubka's lot. The Hubka's did not request a
Partition and Variance. In 2001, Hubka did a boundary line adjustment at 843 and 847 Hillview in order create two more
rectangular lots more consistent with other lots in the neighborhood. It appears Medinger is trying to make a case for his
Variance using Hubka's lot as an example, but the information is misleading and incorrect. Hubka provided documentation for
ills lot line adjustment.
NANCY NERENBERG, 853 Hillview Drive, stated she is representing the neighbors. She read the Neighborhood Rebuttal to
comments made by Mr. Medinger in his "narrative" applying for a variance. The Neighborhood Rebuttal was entered into the
record. The rebuttal provided ten items. The neighbors oppose the splitting of 893 Hillview Drive and are asking the Planning
Commission to deny the application.
JENS SEHM, 853 Hillview Drive, RICHARD SCHAEFF, 904 Hillview Drive, MAYA NERENBERG, 853 Hillview Drive and SHARON
HICKS, 893 Hillview Drive, yielded their time to Nancy Nerenberg.
ANNE CRISPINO-TAYLOR, 902 Hillview Drive, stated she is representing the neighbors. She read the Neighborhood Rebuttal to
Mr. Medinger's criteria for variance and entered it into the record.
LINDA BROWN, 904 Hillview Drive, RON STEFFANI, 872 Hillview Drive and BEV HUBKA, 843 Hillview Drive, yielded their time to
Anne Crispino-Taylor.
CYNTHIA DION, 897 Hillview Drive, said she submitted a letter to Mike Franell since the last hearing regarding what she
perceived as procedural irregularity at the last meeting. She was requesting this action be heard by the full Planning
Commission. Whether the action is denied or approved, it will likely be appealed and she does not think the City Council
would want to see it before the full Commission reviews it.
She believes the ordinances need to address flag lots very specifically so there are not so many different interpretations.
Dion said the biggest reason she is opposed to the partition is because of the incredible amount of impervious surface that is
required by ordinance to install a flag drive and more impervious surface for a fire truck turnaround. Backyard permeable soil
is necessary to allow water to percolate and not get flushed directly into the storm drainage system. The more we require the
impervious surface, the more problems there will be with water quality.
SHEILA JOHNSON, 873 Hillview Drive and MARILYN YOUNG, 345 Harrison Street, yielded their time to Cynthia Dion.
CHUCK SMITH, 895 Hillview Drive, opposes the partition. He wants to retain the low density neighborhood. He'll now have to
look into the backs of two garages and listen to cars start up if this partition is allowed. He objects to removal of the screening
and buffering. He is concerned with water runoff. The ground is saturated and there are numerous springs on the property.
He has installed about 700 feet of curtain drain around his property. He showed photos of standing water. He is requesting the
applicants hire a hydrologist and pay for an engineering study to determine what steps are necessary to correct the drainage
problems. He asked that the Partition and Variance be denied.
Douma asked Smith how he would feel if the Hearings Board denies tills application and the existing house is demolished and
two houses are built on a partitioned lot. Smith does not want a flag lot behind a front lot because it is out of character with the
neighborhood.
DARLENE STEFFANI, 872 Hillview Drive, yielded her time to Chuck Smith.
HEARINGS BOARD
MINUTES
DECEMBER 12, 2005
2
KEITH KLEINEDLER, 873 Hillview Drive, asked how many Commissioners had been in the backyard. Douma was in the
backyard and Morris walked down the driveway. Kleinedler believes standing in the backyard gives one a different feeling
than looking at it from the street or standing in the driveway. Kleinedler submitted photos taken on November 8, 2005 and
December 1,2005, days we experienced significant rainfall. He would like to see an engineered study too, guaranteeing the
water stays on the applicant's property. Any impervious surface will cause more water to run underneath his house. He would
like to not have a partition as it is out of character with the neighborhood.
MATT WARSHAWSKY, 443 Allison Street, asked the Commission to consider runoff.
LYNN COSTANTINO, 892 Harmony Lane, submitted signed statements from 96 neighbors that oppose this Partition. He believes
it can be denied on the basis of the R-l Purpose, which is to stabilize and protect the suburban characteristics and encourage a
suitable environment for family life. This is the blue collar neighborhood in Ashland. He was attracted to his home because it
was a large lot. There is a place for his kids and other kids to play under supervision. He was also attracted to the Ashland
School District. He can't imagine how it won't change the characteristics of his neighborhood. Iflots get all chopped up there
isn't going to be anyplace for kids to play outside. He urged the Hearings Board to deny this application because of the
livability issue.
JEANNE COSTANTINO, 892 Harmony Lane and D. WAYNE LINN, 899 Hillview Drive, yielded their time to Lynn Costantino.
MATT WARSHAWSKY, 443 Allison Street, said he is a firm believer of in fill, however, it needs to be applied in a way that
maintains diversity in neighborhoods. It should not be applied to the point where Ashland is a homogenous area of small lot
properties. He referred to the Purpose of the R-l district (18.20.10). How do you provide larger lots and neighborhoods with
larger lots?
LINDA SHAY, 904 Hillview Drive, has investment in this community and her family prefers to live here. She is the CEO of a
health care company. Ashland Community Hospital and Southern Oregon University are having trouble attracting young
professionals to our community because of the lack of single family homes with lots that are attractive to young families.
Unless we pay attention to these issues, we will end up being a community of wealthy, retired people with no one to support us.
We need to think carefully about neighborhoods.
MICHAEL HICKS, 948 Spring Way, stated he is an RN at Ashland Community Hospital, said most people are here because they
don't want a developer establishing a beachhead in their neighborhood.
Staff Comments - Molnar said the Hearings Board needs to base their decision on the approval criteria for a Land Partition and
Variance. The Purpose and Intent of the R-l zone mentioned by a number of people is not used as approval criteria.
Rebuttal - Medinger apologized to Hubka for misinterpreting his lot split. They are planning to remove a few small trees and
those along the back side that have to be resolved with the neighbor as far as replanting.
There were comments about substandard lots, but he doesn't feel a 7500 square foot lot is substandard, especially for young
people moving to Ashland. He feels people are using the word "Developer" is like a swear word. He works hard for his living
and he doesn't feel it is fair to be characterized as "the local criminaL" He knows the water encroachment is a real problem.
He will comply with any requirements to keep sheet water from moving to other properties.
COMMISSIONERS' DISCUSSION AND MOTION
Douma has been perplexed about the ordinances and their intent in this action. He will have to rely upon the Assistant City
Attorney's interpretation.
Morris noted the compact urban form is in the Comprehensive Plan in several places. These lots are big. Maybe it is one of
the prices you pay for moving into the City. No matter what happens here, this is the start. Medinger could demolish the
house and split the lot. Or, someone else could sell their property and this could happen all over again. What is this
neighborhood supposed to look like in the next several years? He is having a lot of trouble trying to figure it out. If this is
denied, he believes it will come back with another proposal. He is still at a loss as to what to do with it.
Dawkins believes most of the people here know where he stands on this issue. They are definitely going to have a community
dialogue on infill. They can deny based on width vs. depth and that the partition does not meet the criteria. He is inclined to
deny the project and let's see what the next step will be.
ASHLAND PLANNING COMMISSION 3
HEARINGS BOARD
MINUTES
DECEMBER 12, 2005
T"
Douma agreed the focus has to be on the Variance of depth vs. width. He has a legal problem with Plan A and a social
problem with Plan B. How do you interpret the word "unusual" in the criteria? It is unusual because for 19 years the new
interpretation of the ordinance was not applied? Can the "negative impacts on the adjacent neighbors" relatl~ to the social
contract we have with the whole city?
Dawkins said the ordinance says the lot has to be deeper than it is wide. He does not see anything unusual with this
application.
Molnar said the application has to meet all three Variance criteria approval. If it fails on one, the Variance fails. Usually the
unique or unusual circumstances apply to some physical attribute ofthe site. Medinger identifies unique or unusual as the new
opinion by the Assistant City Attorney. Staffhad a hard time determining if this was really unique or unusual in this way. It is
the applicant's burden to do his research and defend unique or unusual circumstances.
Morris said he hopes the Variance will not preclude people from doing something creative. It's just that there is another side of
this whole issue.
Douma/Dawkins m/s to deny the Variance because they were unable to find anything unique or unusual about the application
based on the rules the way they are. Roll Call: The motion was approved unanimously.
ADJOURNMENT - The meeting was adjourned at 3:35 p.rn.
Respectfully submitted by
Susan Yates, Executive Secretary
ASHLAND PLANNING COMMISSION
HEARINGS BOARD
MINUTES
DECEMBER 12, 2005
4
"
CITY OF
ASHLAND
ASHLAND PLANNING COMMISSION
REGULAR MEETING
DECEMBER 12, 2005
MINUTES
CALL TO ORDER - Chair John Fields called the meeting to order at 7:00 p.m. in the Siskiyou Room of the Community
Development and Engineering Services building located at 51 Winburn Way, Ashland, Oregon.
Commissioners Present:
John Fields, Chair
Russ Chapman
Olena Black
Michael Dawkins
Allen Douma
John Stromberg
Mike Morris
Dave Dotterrer
Jack Hardesty, present
Bill Molnar, Interim Planning Director
Maria Harris, Senior Planner
Mike Franell, City Attorney
Sue Yates, Executive Secretary
Absent Members:
Council Liaison:
Staff Present:
ANNOUNCEMENTS - There were no announcements
APPROVAL OF MINUTES AND FINDINGS
Chapman/Dawkins m/s to approve the minutes of the November 8, 2005 meeting. Voice Vote: Approved.
FindinQs - Planning Action 2005-00084, 123 First Street, Northlight - Molnar noted on the page 1, Recitals, #2, the square
footage of one of the buildings is missing. He said the square footage should read 35,673 square feet. Stromberg/Black m/s to
approve the findings as corrected. Voice Vote: Approved.
PUBLIC FORUM
COLIN SWALES, 461 Allison Street, said there are a number of items of interest on tonight's agenda and he expressed his
disappointment that there was not better public notification of the change in date and place of this meeting. He has not had
time to review the files on these actions.
MARGUERITTE HICKMAN, Ashland Fire Department, introduced Shawn Branaugh, the new Fire Inspector. He will be
representing the Fire Department at some of the meetings.
TYPE II PUBLIC HEARINGS
PLANNING ACTION: #2005-01674 (CONTINUED)
SUBJECT PROPERTY: 11 First Street
OWNER/APPLICANT: Ron & Carrie Yamaoka
DESCRIPTION: Request for a Site Review approval for a three-story, mixed use building comprised of restaura:nt space, office
space and two residential units for the property located at 11 First Street. The proposed building is approximaltely 4,500 square
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 in diameter at breast height and greater.
Site Visits and Ex Parte Contacts - No new site visits were made by the Commissioners.
STAFF REPORT
This Planning Commission directed the applicant to go back to the Historic Commission and work with them on several issues
that had been raised at the last meeting. The Historic Commission recommended approval of the revised design. The northern
panel of the building has been stepped back so it is out of the vision clearance. The applicants have offered two alternate site
plans. The building design is the same in each, but the difference is in the public realm in the sidewalk area. The alternate plan
shows a planter that extends out into the sidewalk area and the ramp for wheelchair access is pushed further up First Street so
the whole corner is a landing and is flat.
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Harris showed the revised front elevation. The archway and four paneled window have been reintroduced since the last
meeting. The building design from the front is very similar to the original design the Commission reviewed. Staff has
recommended approval of Revised Site Plan (not the alternate). It maintains the six foot width of sidewalk from the back of
the tree well to the face of the building in a continuous plane. The Historic Commission thought the sidewalk needed to be
simple and very linear and the Revised Site Plan was more in keeping with the rest of downtown. Also, not many ground level
planters of this type are typically seen in the downtown. The Historic Commission also asked that the sidewalk scoring match
whatever is on either side of the proposed building. They also recommended that the six inch high planters be removed and
have a more common entry that is more in the context of downtown. The Engineering Department felt they could work with
the design. A Condition has been added suggesting the applicant revise their final ramp improvement and that it meet
Engineering specifications and they have a final look at it. Harris noted that a bench is depicted in the bay, but the applicants
have indicated they weren't proposing to put a bench in that area.
PUBLIC HEARING
TOM GIORDANO, 2635 Takelma Way and BILL EMERSON, 90 Fifth Street
Emerson addressed the differences in the front of the building. He showed the bench because the bay area is almost calling for
seating. Emerson explained both of the alternate plans. He noted the sidewalk has an existing slope. The planter allows for
the ramp to have a curb on both sides still leaving a flat area. The planter is low and looks better. In the other plan he put the
planter to create a buffer for pedestrians. It would keep people from walking directly to the comer and out into the alley.
Giordano added that there are planters in the downtown and it is somewhat appropriate to have planters. It also helps to
channel pedestrians. He would choose the alternate. Emerson said in the alternate design, the whole area is flat, however the
length of the ramp is greater. He explained if the bay is used for a bench or table and chairs, a flat pad could be made.
Harris said the Historic Commission raised some safety concerns with the low level planters. Fields believes the applicants
understand the curb/planter issue. He suggested deferring to Staff. Either would work. Molnar said since the sidewalk
improvement happens after construction of the building, it would be prudent for Staff, Engineering and the Historic
Commission to see how the building is relating to the sidewalk, then they might get a better idea how the sidewalk/planter area.
would work.
COMMISSIONERS DISCUSSION AND MOTION
Harris said Condition 27 can be deleted. Also, Modify Condition 25 - The final design of the ramp will be reviewed by Staff,
Engineering and the Historic Commission.
Dawkins/Black m/s to approve PA2005.01674 with the attached Conditions, including the deletion of Condition :17 and modification
of Condition 25, as noted above. Roll Call: Unanimously approved.
PLANNING ACTION 2005-01833
SUBJECT PROPERTY: 150 Clear Creek Drive
OWNER/APPLICANT: Jerome White, Kerry KenCairn BSR, LLC/Spur Rail, LLC
DESCRIPTION: Request for Subdivision approval to create seven parcels including six pad lots and one comm<on area for the
property located at 150 Clear Creek Drive.
Site Visits or Ex Parte Contacts
Morris, Black, Chapman, Dawkins, and Douma had a site visit. Fields did the infrastructure and the original subdivision and
was responsible for the applicants purchasing the property about four years ago. He has not been involved in the design and
has no economic interest in it.
STAFF REPORT
Molnar said this is a preliminary plat approval for a seven lot subdivision in an E-l zone. It will lay out six pad lots. The
overall lot is a little less than an acre. Each lot has a footprint of just under 1700 square feet. The seventh lot (around a half
acre) will encompass areas that are common to the project including landscaping, an access driveway aisle and 18 on-site
parking spaces. There are three on-site parking credits included.
The Department of State Lands did not identify any of the three main factors for determining a wetland on the property.
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
DECEMBER 12, 2005
2
This application is to develop the six pad lots that will ultimately come back with Site Review applications. Molnar's
understanding is that they are planning to develop multi-story mixed-use buildings with commercial on the ground floor and
residential above. They show a parking layout, allowing for approximately 7200 square feet of commercial space. The lots
have been designed to allow for covered parking at the back of each pad lot should the ultimate mixed-use design incorporate
the residential.
The primary orientation of buildings will be toward the street. The alleyway is in private ownership and maintained by the six
property owners.
As part of the Clear Creek Subdivision all the utilities were laid in place. There is a public pedestrian bike easement along the
side of the alley that will need to be improved when they do the improvements as part of the Site Review. The landscaped
areas have been allocated for landscaping but also to allow for storm water retention bios wale systems in order to meter storm
water during a bigger event.
Staff has recommended approval with 18 Conditions. Note Condition 15, should read "common area," not "common are."
Fields asked about the connecting through with the alley easement. At the end of the private alley, he is seeing when the larger
parcel gets developed, they'll either make more street curb cuts or share the egress. It might mean a parking space will get lost
if the egress goes through the curb at the end.
Molnar said, generally as part of land division processes, it gives some authority to look at requiring an easement in order to
reduce curb cuts on the roads.
PUBLIC HEARING
JEROME WHITE, 253 Third Street, KERRY KENCAIRN, 147 Central and BARB CIOTA, Ciota Engineering, 274 Fourth Street, and
STUART aSMUS, Terrasurvey, 274 Fourth Street.
White said the above are four individuals with four business and they are looking to develop the property so each can afford to
build a business and have their own business in their own building.
KenCaim said they are trying to have a subdivision that allows them create six small buildings. It is a strangely shaped lot.
There is only a small part of the lot that is developable. The bioswales will drain to the existing storm drain and will be
metered.
White said they have ultimately identified 26 possible parking spaces to be divided evenly between each of 1the lots. The
parking spaces will be assigned.
White explained each building can build to the property line, but they are separate lots and separate buildings. He mentioned
they will be way over the landscaping requirement. They wanted to negotiate the easement. Fields owns the property next
door. Molnar said though it might not be needed, it might be nice to have the possibility of using another access to the adjacent
property.
Stromberg wondered if a condition is needed now to bind them for the future. Molnar affirmed and said the Condition could
state that they allow for a mutual access easement to be utilized by the adjacent property, if needed. The adjacent property
would not get used unless it was part of the Site Review approval and it made sense for circulation.
White asked about the Condition regarding paving of the bike path. If the property to the east is doing asphalt, will it be odd if
they decide to change to another material? Can it just be striped? Molnar thought striping would be acceptable. They just
want to be able to differentiate between the bike path and parking stalls. Condition 8 should cover this issue. The contrasting
material can be worked out with Staff.
COLIN SWALES, 461 Allison Street, said it seems every application tonight is maxed out with residential. The reason is because
the parking requirement for residential is far less than it is for the equivalent amount of space that the commercial would need
for its parking requirement. On two occasions last year the Planning Commission unanimously approved to not allow private
residential garages in the commercial C-l and E-l zones. Swales' understanding of "mixed use" is that you have a commercial
or employment zone where you have a sprinkling of housing in amongst it to create the residential mix. It seems all the
developments are getting residential and often high end condominium developments with their private undercover parking,
with a sprinkling of commercial on the ground floor in order to comply with the 65 percent requirement. The parcel to the right
ASHLAND PLANNING COMMISSION 3
REGULAR MEETING
MINUTES
DECEMBER 12, 2005
was denied the mixed use parking allowance. These zones are quite densely commercial where some of the excess can be
absorbed into the residential district around them. Are we getting the mixed use that we really want or are we turning the
whole of our commercial areas over to the residential condos? It is slowly altering what the zones were intended to be?
Staff Comment
Molnar noted that Swales had a good point about the parking. Generally, the projects along Clear Creek Drive are not tied to a
gridded street. This puts the applicant on notice that during Site Review, Staff has taken a fairly hard line concerning mixed
use.
Rebuttal
White said the Council minutes stated when this property was rezoned from M -1 to E-1 that they wanted to see the property
develop like A Street has developed with commercial on the ground floor and residential above. KenCairn said the footprint of
the building is what is going to defme how much commercial use you can get based on the parking. They are contemplating
doing three story buildings not to exceed 54 percent floor area ratio.
COMMISSIONERS' DISCUSSION AND MOTION
Douma/Chapman m/s to approve PA2005-01833.
Chapman said if this project helps local businesses stay local, he is all for it.
Fields said he believes they don't want to lose parking due to the easement. He doesn't know how there can be an easement if
it isn't specific.
Molnar's wording for Condition 19 is: That a mutual access driveway easement be dedicated along the driveway aisle for use
by the adjoining property to the west. The adjoining property may only exercise use of the easement upon Site Review
approval that incorporates use of the access for circulation on the approved site plan.
Mike Franell, City Attorney said Fields should recuse himself because he owns the adjacent property and cannot vote.
Stromberg/Douma amended the motion to add Condition 19 using Molnar's wording above and adding wordin~l about
accommodations for a couple of parking spaces. Roll Call for the amendment: Douma, Chapman, Stromberg, Dawkins, Black and
Morris voted "yes" and Fields recused himself. The motion carried unanimously.
Roll Call to approve PA2005.01833: Douma, Chapman, Stromberg, Dawkins, Black and Morris voted "yes" and Fields recused
himself. The motion carried unanimously.
PLANNING ACTION 2005-01673
SUBJECT PROPERTY: 1651 ASHLAND STREET
OWNER/APPLICANT: KIRT MEYER
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 a building greater than 100 feet in length. An Administrative Variance from 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.
Site Visits and Ex Parte Contacts
Douma, Fields, Dawkins, Stromberg and Morris had site visits. Black did not walk the site but she noticed traffic issues when
she tried to get out of the driveway from a neighboring business. Chapman had a site visit and noticed the interesting shed on
the property.
STAFF REPORT
Harris read the applicable approval criteria. The site is about 1.6 acres, comprised of two parcels. There is an existing shed on
the property. There are 36 trees on the site, six inches diameter and greater. The proposal is to build two, three-story mixed-
use buildings. In both buildings, the ground floor consists of retail or office and residential units on the first, second and third
floors. The front building facing Ashland Street is referred to as Building 1 and is proposed to be approximately 14,000 square
ASHLAND PLANNING COMMISSION 4
REGULAR MEETING
MINUTES
DECEMBER 12, 2005
feet. The rear building referred to as Building 2 is roughly 20,000 square feet. Two driveways are proposed to access the site.
There is cross-access provided leading to the vacant church parcel and an access easement leading to the back of one of the
residential properties on Parker Street. The applicant is proposing a circular system with 66 parking spaces. Twenty-eight
covered spaces are located behind Building 2. There are 34 bike parking spaces situated throughout the project. The proposal
is to remove 18 trees on the property.
The water and electric will go out to Ashland Street. The applicant is proposing to use an easement through a property that
would provide for storm drainage and sanitary sewer that would go to Parker Street and then to Walker Avenue. Paved access
is by way of Ashland Street. The applicant is proposing to upgrade the sidewalks to City commercial standards along the entire
frontage of the property.
Harris showed the Tree Protection Plan. The primary clusters of trees to be preserved are on the western an eastern boundaries.
The standard setbacks have been met. The proposal has two plaza areas proposed with one in front of Building 1. The arcade is
20 feet from the front property line. A plaza is proposed in front of the building where there is hardscape and planters to create
a sense of enclosure. The other plaza is between the two buildings. Both buildings' architectural style is similar to the Fire
Station - brick, plaster and cast stone.
The homes facing Parker Street will see the rear of Building 2 including the carports on the ground level and two stories of
residential. The applicant has incorporated landscaped terraces in that rear fac;:ade.
Because of the Large Scale Development Standards, the buildings are required to be separated by the height of the tallest
building. The tallest building is 35.6 feet. The separation varies from 22 1,12 feet to 39 1,12 feet. Fifty percent meets the standard
and 50 percent does not. For the portion under 35.6 feet, an Administrative Variance is required.
Harris suggested the Commission first decide if there is agreement to continue the hearing. If there is, focus on three issues: I)
The Commissioners' interpretation of the residential use and mixed-use provision in the ordinance, 2) the Administrative
Variance for separation between buildings, and 3) access management issue raised in the Staff Report.
I) The residential use and mixed-use provision interpretation is part of the C-I code that requires when there is an R
overlay where residential uses are allowed that 65 percent of the ground floor of a building be in a permitted or special
permitted commercial use or 50 percent of the total lot area if there are multiple buildings shall be designated for permitted or
special permitted uses. Staff has raised this issue because although the Commission discussed it extensively in the Northlight
application, there was never really a decision made or a vote made on what the direction the Commission decided to go. At
this point, the interpretation has to be made on this application. If the Commission decides on the 50 percent, what does the 50
percent mean? Does it mean just square footage of the buildings? Does it mean accessory uses such as plaza or parking?
Molnar said there is some overlap in the accessory spaces between residential parking spaces.
2) The Administrative Variance is discussed above.
3) With regard to the access management issue, the applicant is showing two driveways that go around the site. They
have provided a traffic impact study to evaluate the trips generated by the site during peak hours. There is specific language in
the Off-Street Parking Chapter requiring that when an applicant goes through a planning action, the number of driveway
intersections with the street shall be minimized by using shared driveways with adjoining lots where feasible. Staff is
concerned because this proposed driveway system is the only option the applicants have put forward. Any discussion of an
alternative scenario has not been addressed. The Transportation Element and Transportation System Plan both have a very
specific standard that addresses having a multi-modal corridor that all kinds of users can use from pedestrians to automobiles.
It can be a capacity and safety issue. The more driveway intersections there are with a street, the greater the impact there is on
the capacity of the street to carry traffic. Overall, how does this plan affect the feel the transition of Ashland Street to a multi-
modal corridor? Ashland Street is one of our three gateways to the community, within walking distance of a middle school,
elementary school and the University. If there is any area in terms of intensity and types of uses that are ripe for a change in
orientation, Ashland Street is defmitely one of those streets. It is specifically listed in the Comprehensive Plan, Policy 7 -
Design the Land Use Ordinance to insure Ashland Street is developed as a multi-modal corridor, including attractive
landscaping, sidewalks, bike lanes and controlled access.
Should the Commission decide to approve this application tonight, Staff has suggested 30 conditions of approval. Staff is
recommending continuance of the application.
Harris said the Commission has to decide if it is acceptable to have the front section one foot below the sidewalk elevation. Or,
should it come up to the same level as the sidewalk.
ASHLAND PLANNING COMMISSION 5
REGULAR MEETING
MINUTES
DECEMBER 12, 2005
Harris said most of the bike parking is incorporated into the stairwells of the building. Staff is asking for more detail on how
that will work. Bike parking spaces need to be within 50 feet of a well-used entrance. In Large Scale Development, a
pedestrian and bicycle circulation plan is required that specifically calls for lighting and figuring out the routes that bicycles
and pedestrians take.
PUBLIC HEARING
TOM GIORDANO, 2635 Takelma Way and LAURIE SAGER, 108 Nursery Street spoke.
Giordano stated filed a response to the Staff Report today, addressing each one of the issues Staff discussed tonight. He said
the project narrative discusses the creation of a pedestrian environment and a multi-modal environment. Secondly, of
importance was the protection of the perimeter trees around the property. The main concept was to create a front plaza with the
sidewalk wider than required.
The finished floor and the existing floor are the same. They tried to break up the portion of the building that will be seen by
the neighbors. There are trees and shrubs on the terraced portion, softening the impact of the building on the existing
residences.
Giordano said they showed a number of different locations for bike parking. They will comply by showing all the bike parking
before getting a building permit. The bus shelter has covered bike parking as well as a bench, encouraging the multi-modal
concept. He was unable to get a response from RVTD about whether or not they wanted a bus stop.
Giordano said they are compensating for the drop in grade of Building I by creating the front entrance plaza, compensating for
the one foot loss between the sidewalk elevation and the building elevation. The building is set way back and it cascades down
the property.
With regard to the bike and pedestrian circulation, Giordano explained the points where they have access to the property. They
talked to the neighbors but they can't force people off their own property to provide an alley system in the rear. They would be
happy to sign a letter in favor of future improvements to an alley system in back. They granted one of the neighbors an
easement.
Giordano believes one accessway (in and out) would be a disaster. In site planning, he learned you try to have multiple exits.
They conform to the requirement of driveway entrances more than 100 feet apart. If a road went through the project, it would
destroy the pedestrian environment.
Stromberg understood Staff to say they wanted the applicant to make a provision for shared accessways through other
properties.
Giordano said on-site bike and pedestrian circulation as discussed in his response letter.
Giordano referred to his letter of October 7, 2005 referencing the separation between buildings. In the past, they were able to
average the distance between buildings in order to create a pedestrian environment. Fifty percent of the space complies or
exceeds and 50 percent does not. The two buildings have varying heights.
With regard to mixed use, Giordano said they are looking at the project as one lot.
DAVID INGLES, 671 Morton Street, (his office is at 717 Murphy Road, Medford) believes the City has some latitude in the way it
interprets its own ordinances. It becomes subject to review when it is clearly wrong or unreasonable. The City Attorney said
there are at least alternative interpretations of the 65 percent or 50 percent rule. One is the applicant has the option of choosing
the 65 percent of ground area in permitted or special permitted uses or have the option of 50 percent of the total lot area in
special permitted uses. The alternative interpretation proposed by the City Attorney is that if a project has more than one
building, only the 50 percent rule is available. Here is the anomaly: any commercial project that has more than one building is
going to 100 percent commercial as a practical matter because even if you use some portion for accessory uses toward the 50
percent, because of various requirements, there won't be anything left over for residential uses. Ingles noted on Page 8 of the
Staff Report that a project will end up with no residential use at all in a project that has more than one building. The disparity
between the two cases is very great.
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
DECEMBER 12, 2005
6
Giordano is asking for a decision tonight because the Planning Department took the full 30 days to review the application and
then made a noticing error causing a delay for the applicant.
TIM BRANDY, 490 Lit Way, said there is a lot about this project he appreciates - the emphasis on bike and pedestrians, the
setback on the north end, leaving trees on the west side. However, he has some concerns. He walks along Ashland Street
many times a week and there is a lot of traffic there. It is a safety concern for children and adults. He would prefer a one-way
into the development and a one-way out. As a pedestrian it is easier if he has only one driveway to see if someone is ingressing
and the other driveway to see if they are egressing. Doesn't believe there was ever any EPA clean-up on the site when there
was a gas station there.
Brandy described his Parker Street residential community as a 1950's development that is made up of smaller homes that he
wants to see preserved as affordable. He realizes they will be looking out the back at terraced buildings and that will help the
visual impact. But, the auditory (noise in the parking lot) is a concern. He hopes that a significant wall can be erected to help
with the auditory. On the side lot, there is the church parking lot and if there was a wall there to direct traffic back to Ashland
Street, that would mitigate some of the pedestrian/bike traffic cutting through the church and the neighborhood.
If economically feasible, Brandy wishes the back building was two story with the top story removed, mitigating the number of
people and the visual and auditory impact on their neighborhood.
RICK HARRIS, 190 Oak Street, represents the church that owns the lot next door. Currently, there is an existing flag drive that
serves the back portion of the lot. Harris pointed to the three access points and they have consolidated it to two. If traffic got
dumped on Lit Way, it would impact that neighborhood by adding more traffic.
This project will have a built-in clientele for the shops that are there and people are more likely to walk and ride their bikes. It
makes for a better community for those who live there. If the project has one-way traffic, that would cause a lot of traffic
backed up. He likes the circular pattern.
COLIN SWALES, 461 Allison Street, said the Purpose and Intent of the zone is commercial use. The residential should just be the
icing on the cake. The project is driven by the parking requirement which is far less for residential. Can the applicant tell how
much of the percentage of the total floor area is in commercial? There is an imbalance in the commercial developments. He
thinks a mixed use building in this area is good because it is on a bus route with residential surrounding it. If the back building
could be just two stories, the balance changes. It seems all of these projects are being market driven.
Black moved to extend the meeting to 11:00 p.m. Everyonefavored.
Staff Comment - Molnar said the issue of access management was raised at the pre-application level. Staff believes the
applicant started with the minimum standard of creating at least 100 feet of spacing, but Staff felt there might be some
alternatives. They never discussed the alternative of circulating through the plaza space with Staff. Molnar does not think it is
a good alternative. The burden is on the applicant to show how accommodation for bike and pedestrian traffic has been
identified. The City now has authority over Ashland Street and has been very successful over the past years, resulting in a net
decrease in curb cuts. According to the traffic study, they have identified 15 trips leaving the project during the peak hour.
That is one trip per four minutes. Do you allow for right and left hand turn lanes?
MARGUERITTE HICKMAN, 455 Siskiyou Boulevard, said it would be preferable to have two ingresses and egn:sses but can't
answer whether they would need more than one ingress or egress. She would have to check further.
Harris said the more automobiles entering and exiting the street affects the flow of the street and increases the points where
accidents can occur.
Black wondered why the traffic study was done in August, not taking into account the students from the nearby schools.
ROBERT KORTT, 3350 Green Acres, Central Point, said the site for the automatic traffic counter is done as a commuter oriented
traffic strip and used for this type of arterial strip. The manual counts were turning movement counts (Appendix B). It would
be nice to have school traffic but they didn't want to wait until after school started to get data. They were looking at driveway
uses, not really pedestrian traffic, though they did note the pedestrian counts. Ashland Street is not close to being near
capacity. They were looking for average weekday afternoon peak traffic flow, not peak periods or special events.
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
DECEMBER 12, 2005
7
Fields asked ifthere is an auto safety benefit of having another access point. Kortt said there should be only a minimal effect
on capacity. The access points are spaced far enough apart that turning movements should be able to be made without
interference from another driveway. They would like the second driveway for circulation and emergency vehicles.
Rebuttal - Giordano said one exit is unsafe. Both lots had curb cuts and one was mysteriously paved over when they did the
improvement. On the west entrance/exit, they are willing to provide some of the restrictions Staff has included in their report
to control the turning movements.
They are putting residences against residences (referring to Parker Street neighborhood). They would not be opposed to having
a wall, but he is concerned it could impact the existing trees. There are 23 residential units proposed; two have to be
affordable. The applicant is willing to make two more units affordable for a total of four units if this application can be
approved tonight.
COMMISSIONERS' DISCUSSION AND MOTION
Concerning egress, Fields asked what if there was a longer street frontage and what ifthere was one access and a more
conventional parking lot. Is this the best design? He does not like the asphalt moat around the project.
Chapman believes this is too large a project to be serviced by one driveway even ifthe fire code allowed it.
Interpretation of mixed use - Molnar said the first question the Commission needs to resolve is "50 percent of the total lot area
ifthere are multiple buildings shall be designated for permitted or special permitted uses, excluding residential." .
Does it give any of the Planning Commissioners concern, asked Stromberg, to have a mixed use development with the target
use as retail/commercial and the actual building square footage of75 percent residential? It would appear to him that the
subsidiary use was clearly swamping the other use. Does the ordinance have the proper tools to control that? He doesn't have
faith that even ifthey use the 50 percent method that it would really control the issue of residential from being so big. He
thinks the zoning should be re-worked.
Morris said there is a maximum residential density of 30 units per acre that can control the residential. It seems odd that the
commercial square footage is not being increased but just reducing the residential. That seems like a waste. The intent of the
ordinance was probably not to reduce the amount of residential but probably to increase the percentage of commercial.
Fields believes this level of density seems very appropriate in this location.
Franell said if the applicant does a boundary line adjustment and then they look at two buildings on one tax lot, that would take
the Commission back to the 65 percent ground floor requirement. He also said there are several alternatives that could be
looked at to meet the 50 percent calculation too.
Morris believes they have met the 65 percent criteria. Black does not have a clear, decisive yes or no. Stromberg still believes
the applicant has to meet the burden of proof. Chapman thinks this is a terrific project. Dawkins said each unit is 1200 square
feet and that is awfully big. We just constantly keep missing places where we could work with the development community to
bring in more affordability. Douma said with regard to affordable housing, firefighters, teachers, etc. who have families may
not want something smaller than 1200 square feet. We need to look at the separation of buildings. By forcing a greater
separation, it takes away from the sense of the plaza area. Fields said he would be willing on the Variance to accept the
varying buildings heights.
Harris said the first sentence of Condition 13 would read: "That four affordable units shall be required." Change the existing
sentence to read: "That the four required affordable units..." Add language to Condition 26: "That a pedestrian and bicycle
lighting plan shall be required with the building permit submittals."
Chapman/Morris m/s to approve PA2005.01673 with the above amended Conditions 13 and 26. Roll Call: Douma, Chapman,
Dawkins, Fields and Morris voted "yes." Stromberg and Black voted "no." The motion passed.
Douma/Chapman m/s to approve the Variance pertaining to the distance between buildings. It has been met by the applicant
because of the varying building heights. Roll Call: Douma, Chapman, Dawkins, Fields and Morris voted "yes." Stromberg and
Black voted "no." The motion passed.
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
DECEMBER 12, 2005
8
..
OTHER
Fields will be out of town for the January 10th meeting. Dawkins will chair the meeting.
There will not be a study session in December.
HEARINGS BOARD ASSIGNMENTS for 2006
January through April
Russ Chapman
Olena Black
John Fields, however, Douma will fill in for Fields in January
May through August
Dave Dotterrer
Michael Dawkins
John Stromberg
September through December
Mike Morris
Allen Douma
New Commissioner (not yet appointed)
ADJOURNMENT -- The meeting was adjourned at 11:00 p.rn.
Respectfully submitted by
Susan Yates. Executive Secretary
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
DECEMBER 12, 2005
9
CITY or
ASH LA:r~ D
Council Communication
Appointment to Bicycle & Pedestrian Commission
Meeting Date:
Department:
Approval:
February 7, 20~
City Recorder
Gino Grimaldi. <::;'
Primary Staff Contact: Barbara Christensen
488-5307 christeb((l~ashland.or.us
Estimated time: Consent Agenda
Statement:
Confirmation by Council of the Mayor's appointment of Paul Rostykus to the Bicycle &
Pedestrian Commission for a term to expire April 30, 2006.
Background:
This vacancy was created when Brad Knickerbocker resigned his seat from the Bicyde &
Pedestrian 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 Paul Rostykus to the Bicycle & Pedestrian Commission for a
term to expire April 30, 2006.
Attachments:
Applications received
r~'
CITY OF
ASH Li\.N 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:
J. Lawrence [Larry] Pearson
Requesting to serve on: Bicycle and Pedestrian Commission (Commissiof1lCommittee)
Address: 409 Friendship Street, Ashland
Occupation: Retired
Phone: Home: 482 8764
Cell: 541 292 1823
Email: jlpwq@jeffllet.org_
Fax:
1. Education Backe:round
What schools have you attended?
University of Denver, Chapman University
What degrees do you hold? BS in Civil Engineering, Master of Publilc
Administration, California Teaching Credential [expired]
What additional training or education have you had that would apply to this position?
I commuted to work on my bicycle from 1974 through June 2005 and I continue to ride it
for transportation in Ashland.
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
When I worked in the Traffic Engineering Branch of the California Department of
Transportation, I served as the Traffic Branch Representative to the Department's Bicycle
Program. I presented a paper to a Bicycle Conference in 1976 on the relationship of
cyclist comfort, shoulder width and traffic volumes.
I served on the Transportation Commission for the City of Roseville, California, from
1987-1990. The Commission had an advisory role similar to Ashland's Bicyclc~ and
Pedestrian Commission for transportation. During my tenure the City of Roseville,
inaugurated commuter bus service to downtown Sacramento from two locations in
Roseville.
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why? Yes. I am a life-long learner and
since 1976, my only "training" has been as a cyclist on the streets and following bicycle
legislation and project funding in the newspapers.
RECEIV'ED
t. Illl;I,'I'
!:'~ I ..
.....,.. :.,
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3. Interests
Why are you applyingfor this position? I am a firm believer in the value of human-
powered transportation. It promotes health in its practitioners, as well as reducing
gasoline-powered pollutants-which improves the health of all. I thin governml;:nt need
to continually encourage human-powered transportation and I think I can help AsWand
continue to do that.
4. Availabilitv
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings? Yes, I can attend special
meetings-day or evening. The only regularly-scheduled commitments I have now are
Wednesday evening and Sunday morning.
5. Additional Information
How long have you lived in this community? My wife and I have owned a vacation
home here for ten years and we moved here as residents in August 2005.
Please use the space below to summarize any additional qualifications you havefor this
position.
I also take bicycling vacations. Almost every year, a friend and I take a one-we,ek bike-
touring trip of 300-400 miles.
I am a retired Registered Civil Engineer in California and I was a, registered Traffic
Engineer during my working career.
December 6, 2005
Date
)~:!~
r.l'
II
J. Lawrence Pearson
409 Friendship Street
541 482 8764
Ashland, OR 97520
jlpwq@jeffnet.org
.
December 8, 2005
Ashland City Recorder
City Hall
20 East Main Street
Ashland, OR 97520
Application for the City Bicycle and Pedestrian Commission
I believe I can help the City encourage bicycling and
walking which contributes to the health of the participants
and the reduction of pollution for all residents. We need
to encourage human-powered transportation because, as a
society, we are wedded to auto travel in ways that we need
not be.
I commuted to work on my bicycle from 1974 until my
retirement in 2005. I continue to use my bicycle for
transportation around town as well as for recreation.
During the ten years that my wife and I owned a downtown
vacation home here, we walked to stores, the supermarket,
the theater and church.
My professional experience includes serving in the
California Department of Transportation as the Traffic
Branch representative to the state Bicycle Program.
When I lived in Roseville, California, I served for three
years on the City Transportation Commission.
I know I can be an asset to the Ashland Bicycle and
pedestrian Commission.
J~J~
J. Lawrence Pearson
~ril LUql~ - BicYcle &Ped~strian CommisSion member.~lIcant
-.
From:
To:
Date:
Subject:
"Paul Rostykus" <sherpa@mind.net>
<christeb@ashland.or.us>
1212120059:37:57 PM
Bicycle & Pedestrian Commission member applicant
I would like to apply for membership on the Ashland Bicycle & Pedestrian
Commission.
I have been a resident of Ashland for 18 years and during that time have
biked (when I lived in the Railroad District) or walked (now that I live
in the hills) to work the vast majority of the time. Now that I have a
daughter in 1 st grade I with whom I walk, bike or scooter to school with
regularly, I would like to see more kids and parents do so in the name
of fitness, safety, health, less traffic congestion and cleaner air. I
think that this commission would be a great forum for me to help do
this.
Until April 2005, I served on the Ashland Airport Commission for 6
years, several of those years as the chair. I worked closely with Dawn
Lamb, Paula Brown and Alan DeBoer and you are welcome to talk with them
as references. If you want more references please let me know.
Attached is my resume.
Following is an article which went in the Helman PT A newsletter
regarding this year's Bike & Walk to School Day with a bit more about my
interest in issues with which the commission probably deals.
Please contact me if you have questions.
Thank you.
Paul Rostykus
482-2823
601-9709
Helman Bike & Walk to School Day - October 5th, 2006
You missed it? I almost did. too.
From this photo (thanks to Jane Cho-Smith) you can see the many
participating Helman students who were all encouraged by Roxanne Flynn's
publicity. T-shirt raffle and sticker handouts.
I first heard about this international event through the MMWR, the
Centers for Disease Control (CDC) weekly newsletter about health
conditions. injuries, and illnesses which had two articles the prior
week: "International Walk to School Week - October 3-7,2005" and
"Barriers to Children Walking to or from School - United States,
2004". I called Helman School to see if any events were happening there
and I was given Roxanne's number - the rest is history.
My daughter, Marina Tacconi in Valerie McCoy's 1st grade class, and I
have been walking from the top of Grandview to Helman Street regularly
for 3 years, the first two to daycare and last year to kindergarten.
Last year we traveled on foot, trail-a-bike or scooter, often with 1 or
,...-.. ..~~ -- --~.
page 11
RE~~E.'VED
DEe 05 2005
~eril Lu~~ - Bicyc!~ & Pedestrian Commission memDer applicant _
-.
t"~.e ~J
2 other classmates, and continue to do so this year. The kids have been
learning a lot about being pedestrians/scooterers and about traffic.
besides just having a good time. During our travels I have been
appalled at drivers lack of stopping for us while we are crossing North
Main. My exPeriences. the MMWR articles, an internet search of
bikelwalk to school programs, and discussions with ODOT, Ashland Public
Works and Ashland Police Department have gotten me interested in
expanding the program to a BikelWalklScooter to School schoolyear. Not
just one day or week a year. but every day or every week.
Why? Because walking/biking/scootering to.school is:
Fun
Be with friends. play outside, see deer, raccoon, fox, eat blackberries,
walk down into the fog.
Healthy
Encourage a physically active lifestyle at an early age to fight our
current epidemic of child obesity and diabetes.
Good for the Environment
Decrease motor vehicle trips which contribute to air pollution, global
warming and fossil fuel consumption.
Educational
Learn about safety - how to walk or scooter on the left and bike on the
right. cross streets carefully, and watch out for motor vehicles.
Learn about our environment - daily weather patterns. seasons, local
happenings.
Paul Rostykus
482-2823
sherpa@mind.net
More resources:
KidsWalk-to-School: http://www.cdc.gov/nccdphp/dnpalkidswalklindex.htm
International Walk to School Week: http://www.walktoschool-usa.org and
http://www.iwalktoschool.org
Safe Routes to School (SR2S): http://www.saferoutesinfo.org
Walking School Bus: http://www.walkingschoolbus.org/
National Center for Bicycling & Walking: http://bikewalk.org.l
Oregon ODOT: http://www.oregon.gov/DHS/ph/pan/srtslsrtstoolkit.pdf
Oregon Walk+Bike to School: http://www.walknbike.org/sitelindex.html
Paul Steven Rostykus, M.D., M.P.H.
Curriculum Vitae
541 601-9709 cel
541-482-2823 home
EXPERIENCE:
436 Grandview Drive, Ashland, OR 97520
sherpa@mind.net
1192 - Present Supervising Physician for EMTs
Jackson County, Oregon
Write and review EMT standing orders, conduct EMT pser reviews,
supervise EMT training, advocate for EMTs, provide liaison with EMS
agencies.
3/88 - Present Emergency Physician
Ashland Community Hospital, Ashland, OR
1196 - Present Occupational Health Physician
Ashland Community Hospital Occupational Health Clinic, Ashland, OR
Family Physician. Lynn Canal Medical Corporation, Haines, AK
Family Physician. Takilma People's Clinic, Cave Junction, OR
Family Physician, La Clinica del Valle, Phoenix, OR
Family Physician, Clinica Azteca, Phoenix, OR
Family Physician, Chinle Comprehensive Health Care Facility~. Chinle, AZ
Outpatient, inpatient, field clinic, emergency room, and night/weekend call
coverage in a 60 bed Indian Health Service hospital on the Navaho
Reservation.
8/91-9/91
8/88 - 12/90
11188 - 6/89
10/87 - 7/88
4/87 - 8/87
8/86 - 2/87
4/86 - 5/86
12/85 - 3/86
7/84 - 6/85
Family Physician, Van Voorhis Family Practice Clinic, Morgantown, WV
Physician, Friends of Shanta Bhawan Clinic, Kathmandu, Nepal.
Staff Physician. United Mission to Nepal Hospital, Tansen, Nepal.
Volunteer physician in a 100 bed hospital for central-western Nepal and
adjacent regions of India
Associate Director.
Fort Collins Family Practice Residency Program, Fort Collins, CO
EDUCATION:
1997 M.P .H., University of Washington School of Medicine, SeatHe, W A.
6/81 - 6/84 Fort Collins Family Practice Residency Program,
University of Colorado Health Sciences Center, Fort Collins, CO.
M.D., University of Washington School of Medicine, Seattle, W A.
B.S., Washington State University, Pullman, WA.
1981
1976
11/1812005
Paul Steven Rostykus, MD, MPH
Curriculum Vitae
CERTIFICATIONS:
National Board of Medical Examiners
American Board of Family Practice
American College of Surgeons A TLS
American Heart Association ACLS
American Heart Association PALS
July 8, 1982
July II, 2003
October 2002
April 200.5
Janu~ 21005
LICENSES: States of Alaska, Oregon and Washington.
AFFILIATIONS:
Oregon Board of Medical Examiners EMT Advisory Committee, 2003 - present
ATAB 5 (Area 5 Trauma Advisory Board) member, 2002 - present.
Chief, Emergency Services, Ashland Community Hospital, 200 I - present.
Medical Director, RCC EMT Education Program, 1999 - present.
. Jackson County ASA EMS, QA & MCI Committees, 1994 - present.
Chair, Ashland Airport Commission, 1999 - 2005.
Chief of Staff, Ashland Community Hospital Medical Staff, 1999-2000.
Ashland Community Hospital Medical Staff Officer, 1995-2002.
American Academy of Family Physicians
Oregon Academy of Family Physicians
Jackson County Medical Society
PUBLICATIONS:
Rostykus PS, Cummings P, Mueller BA: Risk factors for pilot fatalities in general
aviation airplane crash landings. JAMA 280:997-999, 1998.
Rostykus PS, McDonald GB, Albert RK: Upper intestinal endoscopy inducc~s hypoxemia
in patients with obstructive pulmonary disease. Gastroenterology 78:488-491,
1980.
Rostykus PS, Stillner V: Lithium for the treatment of affective illnesses. Alaska
Medicine 21:33-37, 1979.
INTERESTS:
Chasing a fIrst grader, international medicine, EMS, backcountry skiing, sailling, rafting,
gardening, bicycling.
11/18/2005
ohn Morrison - Bike & Ped vacancy
Page 1
From:
To:
Date:
Subject:
what_ vf4u@yahoo.com
John Morrison <morrisoj@ashland.or.us>
Mon, Oct 24, 2005 11 :02 AM
Bike & Ped vacancy
Mayor Morrison.
(cc Council liaison, Russ Silbiger)
I would like to apply for the vacancy on the Bike and Ped Commission.
You have my resume on file but do not hesitate to contact me should you require any ferrther information.
I feel that a go-between for the B&P and the TSC could be advantageous to both commissions (as we had
when Dave Chapman served in this capacity.)
sincerely
Colin Swales
461 Allison Street
488 0949
Yahoo! FareChase - Search multiple travel sites in one click.
cc:
Russ Silbiger <russcity@mind.net>
RECEtVED
OCT 1 -i LUUo
..: ~~
(1.-.;$
October 17, 2005
City Recorder, City Hall
20 East Main Street
Ashland, OR. 97520
I am applying for one of the volunteer positions on the Bicycle and
Pedestrian Commission. I have included my resume, as you requested. I
truly care about he quality of pedestrian and bicycle facilities and programs
in Ashland. This is a wonderful town, and being a walker, I feel it is
important to stay aware of the issues influencing those who walk and bike a
lot, and I am an active walker.
I hope you consider my experience as valuable to your committee. I am a
natural connector, sensitive and kind, with intelligence and vitality. r would
make a meaningful contribution.
Thank you. ex//2
aa-!:C~i1/~
Alaya Ketani
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CITY OIF
ASH LAI\l D
Council Communication
Liquor License Application
---tr'
Primary Staff Contact: Barbara Christl~nsen
488-5307 christeb@ashland.or.us
Estimated time: Consent Agenda
Meeting Date:
Department:
Approval:
February 7, 2006
City Recorder
Gino Grimaldi
Statement:
Liquor License Application from Lisa Beam dba Pasta Piatti at 358 E Main Street.
Background:
Application for liquor license is for additional privilege in order to cater.
The City has determined that the license application review by the city is set forth in AMC
Chapter 6.32 which requires that a determination be made to determine ifthe applicant complies
with the city's land use, business license and restaurant registration requirements (AMC Chapter
6.32).
In May 1999, the council decided it would make the above recommendation on all liquor license
applications.
Council Options:
Approve or disapprove Liquor License application.
Staff Recommendation:
Endorse the application with the following:
The city has determined that the location ofthis business complies with the city's land use requirements
and that the applicant has a business license and has registered as a restaurant, if applicable. The city
council recommends that the OLCC proceed with processing of this application.
Potential Motions:
Motion to approve Liquor License application.
Attachments:
None
"
~.,
- ~-T--
Council Communication
Approval of an Electric Department Contract for Wood Pole Inspection in
Excess of $75,000.00
Meeting Date: February 7, 2006 Primary Staff Contact: Dick Wanderschei~
Department: Electric 552-2061 wandersd@ashland.or.us o~
Contributing Depart. Nt A Secondary Staff Contact: Scott Johnson, L)R:s'"
Approval: Gino Grimaldi 552-2061 iohnsons@ashland.or.us
Estimated Time: 5 minutes
Statement:
Bids were requested via an RFP for a 5-year in-service wood pole inspection and remedial
treatment program. Bids were opened on December 2,2005. Only one bid was rect~ived from
Osmose Utility Service for $30,000/year. We have used Osmose for pole testing and treatment
for the past 30+years.
Background:
The Oregon Public Utility Commission requires that pole owners inspect 10% of thdr electrical
system poles per year. The City currently owns about 2,500 poles. The City issued., in late 2005,
an RFP for contractors to provide pole inspection, evaluation, treatment, marking and data
collection. The inspection includes visual reports, determination of minimum circwnference,
determination of re-inforcible pole candidates, and treatment were applicable. Poles are also
tagged and cataloged. Osmose was selected via competitive bids in 2003, and has been pole
testing for the City on and off for over 30 years.
The City issued an RFP for this service at the end of 2005 and Osmose was the only bidder.
Their bid for the first 3 years of the contract is $30,000 and includes testing 20% of our system.
This follows the current 2-year contract which in 2004 & 2005 they tested and treated 40% of
our pole inventory. After the first 3 years of this proposed new contract, we will revert back to a
10-year cycle where only 10% of our poles are tested annually. Because we will have fewer
poles tested during these last 2 years, the costs for years four and five will be lower than the
initial 3 years.
While the contract requires the contractor to test 20% of the poles under a fixed fee schedule,
actual costs are determined by the condition of the poles and the costs incurred to re:mediate
faulty poles. In 2005, the costs for the 20% of the poles tested equaled about $11,000 and in
2004, costs equaled $13,435. This contract has a fixed fee schedule and cannot exceed $30,000
annually. Total cost varies based on pole conditions and treatment needed.
1
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 $7'5,000 can
be awarded only upon approval by Council.
Council Options:
Council may elect to approve the attached contract with Osmose Utilities Service, Inc. for a 5-
year pole testing program.
Council may elect to reject the bid submitted and award no contract.
Staff Recommendation:
Staff recommends that the Council approve the award of a contract to Osmose Utilities Service,
Inc. for a 5-year wood pole testing and remediation program.
Potential Motions:
Council moves to approve the contract with Osmose Utilities Service, Inc. for 5-year wood pole
testing programs.
Attachments:
Proposed Contract
2
ENGINEERING SERVICES CONTRACT
Consultant services contract made on the date specified below in Recital A between the City and Consultant as
follows:
Recitals:
A. The following infonnation applies to this contract:
CITY: CITY OF ASHLAND Consultant: OSMOSE UTILITIES SERVICE INC.
City Hall Address: 16421 N. TATUM BLVD. STE 207
20 E. Main St. PHOENIX AZ 85032
Ashland, Oregon 97520
(541) 488-6002 Telephone: 6021569-5632
FAX: (541) 488-5311 FAX: 6021569-5633
Date of this agreement: 11 B: RFP date: OCTOBER 12, 2005
DECEMBER 15, 2005 Proposal date: DECEMBER 2, 2005
112.2. Contracting officer: SCOTT JOHNSON, ELECTRIC DEPARTMENT SUPERINTENDENT
112.4. Project: IN SERVICE WOOD POLE INSPECTION & REMEDIAL TREATMENT SPECFICIATIONS
116. Consultanfs representative: GARY HERGE, DISTRICT MANAGER
118.3. Maximum contract amount: NTE $30,000 annually; 5% annual increase will be added to items listed on
Price Schedule 1 dated 11130105; Additional cost items identified in Price Schedule 2 will be confinned by
Electric DeDartment Suoerintendent or his desianee Drier to work oerfonnance.
B. On the date noted above, City issued a request for proposals (RFP) for consulting services nee~ed by City
for the project described above. Consultant submitted a proposal in response to the RFP on the dute noted
above.
C. After reviewing Consultanfs proposal and proposals submitted by other offerors, City selected Consultant to
provide the services covered by the RFP.
City and Consultant agree as follows:
1. RelationshiD between City and Consultant:
Consultant accepts the relationship of trust and confidence established between Consultant and City by this
contract. Consultant covenants with the City to perfonn services and duties in confonnance to andl consistent
with the standards generally recognized as being employed by professionals of consultanfs calibEtr in the
locality of the project. Consultant further covenants to cooperate with City, City's representatives, l::ontractors,
and other interested parties in furthering the interests of City with respect to the project. In order to promote
successful completion of the project in an expeditious and economical manner, Consultant shall provide
professional consulting services for City in all phases of the project to which this contract applies, serve as City's
professional consulting representative for the project, and give professional consultation and advic:e during the
term of this contract. Consultant acknowledges that City is relying on consultant to provide professional
consulting services in a manner that is consistent with the interests of City.
2. Definitions:
Generally words, tenns and phrases used in this contract shall have the meaning ascribed to them in the
construction industry, unless the context clearly indicates otherwise. As used in this contract:
2.1. .City" means the City of Ashland, Oregon.
2.2. .Contracting officer" means the person specified in Recital A above or that person's designee.
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECl\2005\2005-02ELE Osmose Pole Treatment Contract 12 05.doc
2.3. "Project" means the project described in Recital A.
2.4. "Work" or "Services" shall mean all labor, materials, plans, specifications, opinions, reports, and
other consulting services and products which Consultant is required to provide under this contra(:t.
3. Term: The term of this contract shall commence on the date specified in Recital A above and l:!nd on
completion of all services .required by this coptract unless soonE!r terminated as provided in this (:ontract.
""TV--Q... -\-<L.'I"" "'" C>~ ~,~ ('.....c,.....~ 0.."-'''' '~~""-~'" ::;;.,..............~. "'25 ~_"--~~ \'5, cl-c\C.
4. Authority of contractina Officer. The contracting officer shall have the authority to act on behalf of City in the ~
administration and interpretation of this contract. The contracting officer shall have complete autihority to
authorize services, transmit instructions, receive information, interpret and define City's policies and make other
decisions with respect to Consultanfs services.
5. Consultina Services: Consultant shall provide services to City that are described in the RFP.
5.1. In connection with the services described in the RFP, Consuttant shall:
5.1.1. Consutt appropriate representatives of City to clarify and define City's
requirements relative to the services.
5.1.2. Review available data relative to the services.
5.1.3. Identify data which is not available and is needed to fulfill the services, alnd act
as City's representative in obtaining such data.
5.1.4. Prepare monthly progress reports to the contracting Officer on the status of
services.
5.1.5. Cooperate with other consultants retained by City in the exchange of
information needed for completion of the services and the project.
5.2. Consultant shall commence performance of services within five days after receivin~J written
authorization from the contracting officer for work described in the RFP. Consuttant shall perfomn the services
as expeditiously as is consistent with professional skill and care and the orderly progress of the project. Upon
request of City, Consultant shall submit for City's approval, a schedule for the performance of work elements
described in the RFP. Each schedule shall include allowance for periods of time required for C~(s review and
approval of Consultanfs services. Each schedule, approved by City, shall become a part of this contract.
5.3. Consultant shall perform the services as an independent contractor in accordance with generally
accepted standards in Collsultanfs profession. Consultant shall be responsible for the professio,nal quality,
technical accuracy and the coordination of all services performed by Consultant. Consultant shalll, without
additional compensation, correct or revise any error or deficiencies in the services that are caused by
Consultanfs negligence. City's review, approval, acceptance of, or payment for, any of the services shall not be
construed to waive any of City's rights under this contract or of any cause of action arising out of Consultanfs
services. In the event of any breach of this contract by Consuttant or negligent performance of slny of the
services, City's cause of action against Consultant shall not be deemed to accrue until City discovers such
breach or negligence, or should have, with reasonable diligence, discovered such breach or n~Jligence. The
preceding sentence shall not be construed, however, to allow City to prosecute an action agaim;t Consultant
beyond the maximum time limitation provided by Oregon law.
6. Assianment of Consultanfs Personnel:
6.1. The services covered by this contract shall be rendered by, or under the supervision of the person
specified in Recital A above, who shall act as Consultanfs representative in all communications, and
transactions with City.
6.2. Consultant will endeavor to honor reasonable specific requests of City with regard to assignment of
Consultanfs employees to perform services if the requests are consistent with sound business and professional
practices.
7. Resoonsibilities of City:
7.1. City will cooperate fully with Consultant to achieve the objectives of this contract.
7.2. City will provide information, documents, materials and services that are within the! possession or
control of City and are required by Consultant for performance of the services.
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECNOO5\2005-02ELE Osmose Pole Treatment Contract 12 05.doc
7.3. City will arrange for access to, and make all provisions for Consultant to enter upon, public and
private property as required for Consultant to perform the services.
7.4. City will provide all permits necessary for completion of the project.
7.5. The contracting officer will act as liaison between City, Consultant, public agencies, and others
inwlved in the project.
8.Pavrnent:
8.1. City shall pay Consultant for services and reimburse Consultant for expenses incurred by
Consultant in performance of services in accordance with a payment schedule to be submitted by Consultant
and accepted by City. No reimbursement will be made for expenses that are not specifically itemized in this .
payment schedule without prior approval by the contracting officer.
8.2. Consultant shall submit monthly inwices to City for Consultanfs services within ten days after the
end of the month covered by the inwice.
8.3. Total payments under this contract or any amendments shall not exceed the sum spE!Cified in
Recital A above.
9. Comoliance with Law:
9.1. This contract will be governed by and construed in accordance with laws of the State of Oregon.
Consultant shall promptly observe and comply with all present and future laws, orders, regulations, rules and
ordinances of federal, state, City and city governments with respect to the services including, but not limited to,
provisions of ORS 279C.505, 279C.515, 279C.520 and 279C.530.
9.2. Pursuant to ORS 279C.520(2) any person employed by Consultant who performs Yttlrk under this
contract shall be paid at least time and a half pay for all overtime in excess of 40 hours in anyone week, except
for persons who are excluded or exempt from overtime pay under ORS 653.010 to 653.261 or under 29 U.S.C.
Sections 201 to 209.
9.3. Consultant is a .subject employer- as defined in ORS 656.005 and shall comply with ORS 656.017.
Prior to commencing any work, Consultant shall certify to City that Consultant has workers' com(>Emsation
coverage required by ORS Chapter 656. If Consultant is a carrier insured employer, Consultant shall provide
City with a certificate of insurance. If Consultant is a self-insured employer, Consultant shall provide City with a
certification from the Oregon Department of Insurance and Finance as evidence of Consultanfs status.
9.4. If the amount of this contract is $15,964.00 or more, Consultant is required to 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 service work
under this contract. Consultant is also required to post the attached notice predominanUy in areas, where it will
be seen by all employees.
10. Ownershio of Documents:
All documents prepared by Consultant pursuant to this contract shall be the property of City. To the extent
permitted by law, City shall. within the limits of the Oregon Tort Claims Act, defend, indemnify and hold
harmless Consultant, its consultants, agents and employees against all damages, claims, expenses and losses
arising out of any reuse of plans. specifications and other documents prepared by Consultant without prior
written authorization of Consultant.
11. Records:
11.1. Consultant shall develop and maintain complete books of account and other records on the
services which are adequate for evaluating Consultanfs performance. Consultant shall maintain IrecordS in such
a manner as to provide a clear distinction between the expenditures and revenues related to the project and the
expenditures and revenues related to Consultanfs other business.
11.2. Consultanfs books and records shall be made available for inspection by City at I"Elasonable
times, to verify Consultanfs compliance with this contract. City shall have the right to request an audit of
Consultanfs books and records by a certified public accountant retained by City.
12. Indemnification:
G:\pub-wrt<s\eng\dept-admin\ENGINEER\PROJECT\2005\2005-02ELE Osmose Pole Treatment Contract 12 05.doc
.
Consultant shall defend, indemnify and save City, its officers, agents, and employees harmless from any and all
claims, actions, costs, judgments, damages or other expenses resulting from injury to any person (including
injury resulting in death), or damage to property (including loss or destruction), of whatsoever natul'le arising out
of or incident to the negligent performance of this contract by Consultant (including but not limited to, the
negligent acts or omissions of Consultanfs employees, agents, and others designated by Consultant to perform
work or services attendant to this contract). Consultant shall not be held responsible for any claims, actions,
costs, judgments, damages or other expenses, directly and proximately caused by the negligence of City.
13. Insurance:
13.1. Consultant shall, at its own expense, at all times during the term of this contract, maintain in force:
13.1.1. A comprehensive general liability policy including coverage for contractual
liability for obligations assumed under this contract, blanket contractual liability, products and
completed operations and owner's and contractor's protective insurance;
13.1.2. A professional errors and omissions liability policy; and
13.1.3. A comprehensive automobile liability policy including owned and non-ownl~
automobiles.
13.2. The coverage under each liability insurance policy shall be equal to or greater than the limits for
claims made under the Ol'leQon Tort Claims Act with minimum coverage of $500,000 per occurrenoe (combined
single limit for bodily injury and property damage claims) or $500,000 per oocurrence for bodily injury and
$100,000 per oocurrence for property damage.
13.3. Liability coverage shall be provided on an "oocurrence" basis. "Claims made" coverage will not be
acceptable, except for the coverage required by subsection 13.1.2.
13.4. Contractor shall submit certificates of insurance acceptable to the City with the signed contract
prior to the commencement of any work under this agreement. Each certificate shall state that COVE!rage
afforded under the policy cannot be cancelled or reduced in coverage cannot be made until at least 30 days
prior written notice has been given to City. A certificate which states merely that the issuing company "will
endeavor to mail" written notice is unacceptable.
14. Default: .
14.1. There shall be a default under this contract if either party fails to perform any act or obligation
required by this contract within ten days after the other party gives written notice specifying the natlJre of the
breach with reasonable particularity. If the breach specified in the notice is of such a nature that it (:an not be
completely cured within the ten day period, no default shall oocur if the party receiving the notice begins
performance of the act or obligation within the ten day period and thereafter proceeds with reasomlble diligence
and in good faith to effect the remedy as soon as practicable.
14.2. Notwithstanding subsection 14.1, either party may declare a default by written notiCE! to the other
party, without allowing an opportunity to cure, if the other party repeatedly breaches the terms of this contract.
.14.3. If a default occurs, the party injured by the default may elect to terminate this contrac:t and pursue
any equitable or legal rights and remedies available under Ol'leQon law. All remedies shall be cumUllative.
14.4. Any litigation arising out of this contract shall be conducted in Circuit Court of the State of Oregon
for Jackson County.
15. Termination without Cause:
15.1. In addition to the right to terminate this contract under subsection 14.3, City may tenninate by
giving Consultant written notice sixty days prior to the termination date.
15.2. In addition to the right to terminate this contract under subsection 14.3, Consultant may complete
such analyses and records as may be necessary to place its files in order and, where considered necessary to
protect its professional reputation, to complete a report on the services performed to date oUermination.
15.3. If City terminates the contract under subsection 15.2, Consultant shall be paid for all fees earned
and costs incurred prior to the termination date. Consultant shall not be entitled to compensation for lost profits.
16. Notices:
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJEC1\2OO5\2005-02ELE Osmose Pole Treatment Contract 12 05.do<;
Any notice required to be given under this contract or any notice required to be given by law shl~1I be in writing
and may be given by personal delivery or by registered or certified mail, or by any other manner prescribed by
law.
16.1. Notices to City shall be addressed to the contracting officer at the address provided for the City in
Recital A above.
16.2. Notices to Consultant shall be addressed to the Consultanfs representative at thl;! address
provided for the Consultant in Recital A above.
17. Assianment:
City and Consultant and the respective successors, administrators, assigns and legal represen1atives of each
are bound by this contract to the other party and to the partners, successors, administrators, assigns and legal
representatives of the other party. Consultant shall not assign or subcontract Consultanfs righhl or obligations
under this contract without prior written consent of City. Except as stated in this section, nothingl in this contract
shall be construed to give any rights or benefits to anyone other than City and Consultant.
18. Modification:
No modification of this contract shall be valid unless in writing and signed by the parties.
CONSULTANT
By: Ja..- ~ ~'r~ -, By:
t/ Signature /'.
James H. ftk:Giffert
Printed Name
CITY OF ASHLAND
Gino Grimaldi
City Administrator
Its: Sales Vice President
FedlD#
35-2175310
By:
Legal
'\
By:
4J
J /1~Jnr;-
I ,
/.- J/-ot
Depa
Coding:
(For City use only)
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2005\2005-02ELE Osmose pole Treatment Contract 12 05.doc
Pricing Sheets
. I
Osmose@
City of Ashland
Osmose Job Number: 0-76-600
Distribution
Pole Inspection & Treabnent
Price Schedule 1
Wednesday, November 30, 2005
Visual Report
Sound & Bore (7/8")
Sound & Bore Reject
Partial Excavate-No Treatment
Partial Excavate Reject
Flurods 112" X 3" Per Rod
GPS (3-10 Meter Accuracy)
$4.10
$9.44
$9.44
$18.89
$18.89
$3.08 ta
$2.25 '
Osmose@
Price Schedule 2
City of Ashland
NESC-B
OSMO-C-TR~ PRIONG
3O-Nov.os
12:59 PM
POLE CLASS
H3 H2 lit LENGTH 1 2 S C 5 6 7
2S $553.99 $545.75 $497.07 $497.07 $497.07 $497'.07 $497.07
C2-5610 C2-4910 C2-3610 C2-361O C2-361O C2~1610 C2-3610
30 $560.33 $553.99 $545.75 $497.07 $497.07 $497'.07 $497.07
C2-7110 C2-5610 C2-4910 C2-3610 C2-3610 C2~1610 C2-3610
35 $685.57 $560.33 $553.99 $545.75 $497.07 $49'l.07 $497.07
1080xl1 C2-7110 C2-5610 C2-4910 C2-3610 C2~1610 C2-3610
to $685.57 $685.57 $560.33 $545.75 $545.75 $49'l.07
1080xl1 1080xl1 C2-7110 C2-4910 C2-4910 0<1610
tS $735.19 $685.57 $560.33 $553.99 $545.75 $49J'.07
118Oxl1 1080xl1 C2-7110 C2-5610 C2-4910 0<1610
50 $783.24 $735.19 $685.57 $560.33 $545.75
l28Oxl1 118Oxl1 108Oxl1 C2-7110 C2-4910
55 $783.24 $735.19 $685.57 $560.33
1280xll 118Oxl1 1080xl1 C2-7110
$1,028.29 $921.53 60 $856.16 $783.24 $735.19 $685.57
168Oxl2 148Oxl1 138Oxl1 1280xll 118Oxl1 10ll0xll
$1,333.54 $1,220.75 $996.67 65 $921.53 $783.24 $735.19
2-l28Oxl1 2-118Ox11 1580xU 148Oxl1 l28Oxl1 118Oxl1
$1,431.48 $1,333.54 $1,028.29 70 $921.53 $856.16 $735.19
2-l38Oxll 2-128Qxll 168Ox12 148Oxl1 138Oxl1 118Oxl1
$1,431.48 $1,333.54 $1,220.75 7S $996.67 $856.16 $783;24
2-138Oxl1 2-l28Oxl1 2-118Oxl1 1580xU 138Oxl1 l28Oxl1
$1,566.79 $1,431.48 $1,333.54 80 $1,028.29 $921.53 $783.24
2-148Oxl1 2-1S8Ox11 2-l28Oxl1 168Ox12 148Oxl1 l28Oxl1
$1,566.79 $1,431.48 $1,333.54 8S $1,Q28.29 $921.53 $856.16
2-148Oxl1 2-1S8Ox11 2-l28Oxl1 168Ox12 148Oxl1 138Ox11
$1,713.77 $1,566.79 $1,431.48 90 $1,220.75 $996.67 $856.16
2-158OxU 2-148Oxl1 2-1S8Ox11 2-118Oxl1 158Ox12 1S8Ox11
$1,776.71 $1,566.79 $1,431.48 95 $1,333.54 $996.67
2-168Ox12 2-148Oxll 2-138Ox11 2-l28Oxl1 1580xU
$1,776.71. $1,713.77 $1,431.48 100 $1,333.54 $1,028.29
2-168OxU 2-158llxU 2-l38Oxll 2-128Oxll 168Ox12
ADDERS
PRIV PROP
UG CABLE
srnPS
CONCRETE
V REPORT
Drop Hammer
PRICFS
41.65
13.69
1294
34.27
38.90
175.00
ADDERS
REJECTED
PAINfTR~
CVR CAPS
FENCFS
RISERS
PRICFS
39.44
14.20
50.00
50.00
ADDERS
PRICFS
06C2-aty of AshIancI-25".xIs
CITY OF
ASHLi\ND
Council Communication
Perpetual Easement Agreement Between
Members of TAP and the City of Medford
Meeting Date: February 7, 2006
Department: Public Works (jk
Contributing Departments: Legal,
Approval: Gino Grimaldi
Primary Staff Contact: Joe Strahl
E-mail: strahlj@ashland.or.us /
Secondary Staff Contact: Mike Frane!lIr1J,C'
E-mail: Franellm@ashland.or.us > It
Estimated Time: Consent Calendar
Statement:
The members of the TAP are all being requested to authorize a perpetual easement algreement with
the City of Medford to allow acqess to the new Medford Sports and Community Park near TAP's
Regional Water Pumping Station in south Medford.
Background:
Portions of the fence, irrigation and landscaping at the Regional Water Pumping Station require
relocation in order for Medford to improve the access off Highway 99 to the new Sports Park. The
driveway off Highway 99 also provides access to the generator at the pump station. In exchange for
the right to relocate the fence, irrigation and landscape at the pump station, the City of Medford will
provide an equivalent area of City land for an easement to the TAP. This area will be used to replace
the fence, irrigation and landscaping being removed by Medford. All work is being done at City of
Medford's expense. As a condition of the mutually granted easements, the City of Medford will provide
a perpetual right-of-way over Medford's property for access to the generator and other appurtenances
associated with the pumping station.
Attached are an agreement and easements for this mutually beneficial exchange. Th43se documents
have been reviewed and approved by the City Attorney. The documents have been signed by
Phoenix and Talent, the other TAP partners with Ashland.
Related City Policies:
None.
Council Options:
To approve or deny the attached agreement and easements as requested by the City of Medford.
Staff Recommendation:
Public Works recommends that Council approve the agreement and easements and authorize the
Mayor to sign the documents.
Potential Motions:
Move to authorize the Mayor to approve the agreement and easements as presented.
Move to authorize the Mayor to deny the agreement and easements as presented.
G:\pub-wrks\eng\dept-admin\Joes Memos\CC TAP Perpetual Easement for Medford 01 06.doc
rA1
_.---y---_m_._m_
Attachments:
Agreement and Contract
Easement with Associated Exhibit A and B
Exhibit A - The City of Medford List of Agreements
G:\pub-wrks\eng\dept-adminIJoes Memos\CC TAP Perpetual Easement for Medford 0 I 06.doc
r~'
."~ - ,.--------
AGREEMENT AND CONTRACT
for
MUTUALLY GRANTED EASEMENTS AT
MEDFORD SPORTS AND COMMUNITY PARK
THIS AGREEMENT, made this _ day of ,20__, by and
between TALENT. ASHLAND. AND PHOENIX, (hereinafter referred to as "TAP"), and the CITY
OF MEDFORD, a municipal corporation (hereinafter referred to as "CITY").
WITNESSETH:
WHEREAS, CITY desires to receive a perpetual easement from TAP in exchange for
granting a mutual easement of the equivalent land area to TAP at the northerly end of Samike
Drive for use as an access road within the new "Medford Sports and Community Park" and;
WHEREAS, the TAP'S pumping station property is currently fenced, landscaped, and
irrigated, and;
WHEREAS, fencing, irrigation facilities, and landscaping must be relocated to allow the
intended use by the CITY;
NOW, THEREFORE, for and in consideration of the foregoing and ofthe mutual promises
hereinafter expressed, and intending to be legally bound hereby, the parties hereto do mutually agree
as follows:
Article 1. Scope of Mitigation Services of TAP
CITY hereby agrees to perform the services set forth in Exhibit A, attached hereto and made
a part ofthis agreement, in a good faith effort to create a landscape within the resultant reconfigured
property comparable to TAP's existing property.
Article 2. Data to be Furnished
All information, records and maps of existing ground improvements currently held by TAP,
and necessary for carrying out the work by the CITY as outlined in Exhibit A, shall be made
available to the CITY without charge by TAP. The CITY shall cooperate in the carrying out the
work outlined in Exhibit A without undue delay.
Article 3. Personnel
A. The CITY represents that it will employ at its own expense, all personnel required in
performing the services under this Agreement.
B. All ofthe work required hereunder will be performed by the CITY or under its direct
supervision and all personnel engaged in the work shall be fully qualified and shall be
authorized or permitted under Federal, State and local law to perform such work.
-1- Agreement and Contract
"----"------ ---------,-
C. CITY shall be responsible to ensure that it and any contractors and subcontractors
comply with all applicable Federal, State and local laws regarding employee wages,
hours, benefits, health care, and workers compensation, and shall ensure that all
expenses and claims related thereto are paid promptly.
Article 4. Time of Performance
The work of the CITY shall be completed in accordance with a schedule developed by the
parties hereto and all work covered by this Agreement shall be completed within one year from the
date of this Agreement.
Article 5. Changes
The CITY may request changes in the scope of the services and the time of performance as
set forth herein. Such changes, including any increase or decrease in the amount oftime granted to
the CITY, shall be mutually agreed upon by and between the parties hereto and shall be incorporated
as written amendments to this Agreement.
Article 6. Extras
No extra work outside the scope of this agreement shall be performed by either party unless
and until a mutually agreed upon "Change" by and between the parties hereto has bee:n incorporated
as a written amendment to this Agreement.
Article 7. Termination of Agreement
CITY or TAP may terminate Agreement ifthe other party fails to perform in accordance with
the provisions ofthis Agreement by providing fifteen (15) days prior, written notice to the other by
certified mail with receipt for delivery returned to the sender.
In that event, either party shall be liable to the other party for any damages re:sulting from the
breach of its obligations under this contract.
Article 8. Subletting or Assi~ent
Neither of the parties hereto this Agreement shall assign, sublet, or transfer their interest in
this Agreement or any portion thereof without the prior written consent of the other.
Article 9. Hold Harmless
During the life of this Agreement, CITY shall make every reasonable eff,Drt to protect and
hold harmless TAP from liability due to work performed by CITY.
-2-Agreement and Contract
I
Article 10. Partial Invalidity
If any term, covenant, condition, or provision of this Agreement is found by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remainder ofthe provisions hereof
shall remain in full force and effect, and shall in no way be affected, imp~ired, or invalidated thereby.
Article 11. Integration
This Agreement represents the entire understanding beween TAP and CITY as to those
matters contained herein. No prior oral or written understanding shall be of any force or effect with
respect to those matters covered herein. This Agreement may not be modified or altered except in
writing signed by both parties.
Article 12. Jurisdiction
This Agreement shall be administered and interpreted under the laws of the State of Oregon.
Jurisdiction of litigation arising from this Agreement shall be in that state.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed by their
proper officers the day and year first above written.
CITY OF MEDFORD
ATTEST:
By:
Title:
~
Marian Te1erski
Mayor, City of Talent
By. ~'f'~ .
icki Bear
Mayor, City of Phoenix
- I
/d~
Content review by . on "
r.t _11t~... ~:z-tiJ
By:
John Morrison
Mayor, City of Ashland
-3-Agreement and Contract
,-
EASEMENT
The undersigned, Cities of Talent, Ashland, and Phoenix (Grantor), hereby grants
to the City of Medford, Oregon, its successors and assigns (Grantee), a perpetual
easement to construct, reconstruct, operate, and maintain an access driveway serving the
Medford Sports and Community Park and all necessary related facilities over, across, and
under the following described real property, to-wit:
See Attached Exhibit "A," LEGAL DESCRIPTION and Exhibit "B," PLAT MAP.
More commonly known as a portion of 2992 Samike Drive, Medford" Oregon,
TO HAVE AND TO HOLD the above easement unto said Grantee, its successors and
assigns, forever. The easement touches and concerns the above described real property,
binds the grantor and its successors, and runs with the land.
Grantor reserves the right to use any portion of the surface area within the above
easement for right-of-way, driveways, walkways, ornamental landscaping and/or fencing,
as long as it does not interfere with Grantee's intended uses. All public utility facilities
shall be at a depth consistent with the above-mentioned uses.
~l~
Mayor, City of Talent
Grantor
Mayor, City of Ashland
U
- . .f;6.~
Mayor, City of Phoenix
Grantor
Mayor, City of Medford
Grantee
ST ATE OF OREGON)
) ss.
County ofJackson )
Personally appeared before me the above named , as
for City of Medford, who acknowledged the foregoing
instrument to be its voluntary act and deed this _ day of
200 .
Notary Public for Oregon:
My Commission expires:
--------.---
EXHIBIT A
EASEMENT DESCRIPTION - 381WOS TL106
FROM CITY OF MEDFORD TO
CITIES OF TALENT, ASHLAND, AND PHOENIX
Commencing at the northwest corner of Donation Land Claim No.
40, Township 38 South, Range 1 West of the Willamette Meridian
in Jackson County, Oregon; thence along the north boundary of
said claim South 89055'00" East, 30.29 feet to the POINT OF
BEGINNING; thence North 52011'40" East 30.33 feet to the
southwesterly right-of-way line of the northerly extension of
Samike Drive as dedicated by the City of Medford in Ordinance
Number 2005-69, recorded as Instrument Number 2005-267:i7 of the
Official Records, said county; thence along said southwesterly
right-of-way line, South 37048'20" East 23.60 feet to the
northerly boundary of said claim; thence along the north
boundary of said claim, North 890 55' 00" (record South 890 55'
33") West 38.43 feet to the point of beginning.
Containing approximately 0.008 acres.
H:\My Documents\PROJECTS\Sports Park\TAP lot line\Sports Park triangle legal.doc
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EXHIBIT B
MEDFORD SPORTS AND
COMMUNITY PARK
381W05 TL106
A Medford EASEMENT TO TAP
DLC 40
~ TAP EASEMENT TO MSCP
Scale: 1" 40'
TAP Pumping Station
381 W05A TL 1200
n-S . ~
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,\"3 . ,~p
0'\'\
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DISTANCE
23.64'
38.49'
23.60'
8.24'
30.29'
38.43'
30.33'
~
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LINE BEARING
L1 N 00017'53" E
L2 N 52"11 '40" E
L3 S 37048'20" E
L4 S 89055'00" E
L5 S 89055'00" E
L6 S 89055'00" E
L7 N 52011'40" E
Area of each easement parcel: 358 sq. ft.
(0.008 Acres)
-_...---------- ~_._- -------.---..----.--
EASEMENT
The undersigned, City of Medford, Oregon (Grantor), hereby grants to the Cities
of Talent, Ashland and Phoenix, Oregon, its successors and assigns (Grantee), a perpetual
easement to construct, reconstruct, operate, and maintain an access driveway serving the
Medford Sports and Community Park and all necessary related facilities over, across, and
under the following described real property, to-wit:
See Attached Exhibit "A," LEGAL DESCRIPTION and Exhibit "B," PLAT MAP.
More commonly known as a portion of 2992 Samike Drive, Medford, Oregon,
TO HAVE AND TO HOLD the above easement unto said Grantee, its successors and
assigns, forever. The easement touches and concerns the above described real property,
binds the grantor and its successors, and runs with the land.
Grantor reserves the right to use any portion of the surface area within the above
easement for right-of-way, driveways, walkways, ornamental landscaping and/or fencing,
as long as it does not interfere with Grantee's intended uses. All public utility facilities
shall be at a depth consistent with the above-mentioned uses.
Mayor, City of Medford
~
'-/7.,rl I
I..~
Mayor, City of Talent
Grantee
Mayor, City of Ashland
ze
j /
/ - ~)
. :i'~ ~~--
Mayor, City of Phoenix
Grantee
ST ATE OF OREGON)
) ss.
County of Jackson )
Personally appeared before me the above named , as
for City of Medford, who acknowledged the foregoing
instrument to be its voluntary act and deed this _ day of
200 .
Notary Public for Oregon:
My Commission expires:
EXHmIT A
EASEMENT DESCRIPTION - 381W05A TL1200
FROM CITIES OF TALENT, ASHLAND AND PHOENIX
TO CITY OF MEDFORD
Beginning at the northwest corner of Donation Land ClaiD~ No. 40,
Township 38 South, Range 1 West of the Willamette Meridian in
Jackson County, Oregon; thence along the north boundary of said
claim South 89055'00" East, 30.29 feet; thence South 52011'40"
West 30.33 feet to the westerly boundary of Lot 6 of South Stage
Industrial Park, according to the Official Plat thereof, now of
record in Jackson County, Oregon; thence along said westerly
boundary North 00017'53" East, 23.64 feet to the Point of
Beginning.
Containing approximately 0.008 acres
H:\My Documents\PROJECTS\Sports Park\TAP lot line\TAP triangle legal.doc
----.
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EXHIBIT B
MEDFORD SPORTS AND
COMMUNITY PARK
381 W05 TL 106
A Medford EASEMENT TO TAP
DLC 40
~ TAP EASEMENT TO MSCP
Scale: 1" 40'
TAP Pumping Station
381 W05A TL 1200
n~ . ~
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LINE BEARING
L1 N 00017'53" E
L2 N 52011'40" E
L3 S 37"48'20" E
L4 S 89055'00" E
L5 S 89055'00" E
L6 S 89055'00" E
L7 N 52"11'40" E
OIST ANCE
23.64'
38.49'
23.60'
8.24'
30.29'
38.43'
30.33'
Area of each easement parcel: 358 sq. ft.
(0.008 Acres)
--~ -----.-~
EXHIBIT" A"
The City of Medford, as CITY agrees and promises to:
. Duly record this fully executed agreement with the County Recorder of Jackson County,
Oregon prior to performing any of the on-site work described in this agreement;
. Prepare plans and specifications for all proposed work and submit to the Phoenix Public
Works Director and the Talent Public Works Director for approval prior to commencing
said work;
. Relocate the northern-most section of TAP's chain link fence, including the access gate to
TAP's emergency generator so the fence is approximately perpendicular to Samike Drive
in accordance with the attached Drawing, Exhibit B, re-using existing materials where
feasible;
. Demolish existing and reconstruct new extruded concrete borders between tree planting
beds and lawn area as needed;
. Design and reconstruct the existing irrigation system, including both Hunter brand rotary
sprinklers for turf and drip emitters for trees;
. Prepare a seedbed including soil amendments, and plant a lawn to cover the newly
configured property use lines;
. Prepare a suitable planting bed and plant Capitol Ornamental Pear trees with a minimum
2" caliper, as necessary along the extended Samike Drive frontage to match existing
spacmg;
. Extend the sidewalk and Samike Drive from its current termination into the park,
including curb, gutter, and park strip in accordance with City of Medford development
standards;
. Construct Park roadside amenities (curb cut or driveway) at the new gate location to
facilitate access to the TAP emergency generator by a vehicle such as a truck and trailer
or truck-crane;
. And, by this agreement, grant perpetual access right of way to TAP over City of Medford
property to the relocated gate for the occasional servicing, replacement, or removal of the
emergency electrical generator and or pump motors and other equipment associates with
the TAP pumping station.
CITY OF
ASHLJ\ND
Council Communication
Approval of Grant Distribution Greater than $75,000
Meeting Date: February 7,2005 Primary Staff Contact: ~nebt3rg 552-2003
Department: Administrative7/:i es E-mail: tuneberl@ashland.or.us
Contributing Departments: NA Secondary Staff Contact:
Approval: Gino Grimaldi E-mail:
Estimated Time: Consent Agenda or 2,0 minutes
Statement:
Resolution 2004-32 provides for the Ashland Chamber of Commerce and the Oregon Shakespeare Festival to
receive grant funding from the Transient Occupancy Tax each budget year through the Economic and Cultural
Development grant process.
The City Council adopted the 2005-06 budget which included grant funds for the Ashland Chamber of Commerce
of $245,241 ($82,041 for tourism and $163,200 for economic development) and the Oregon Shakespeare Festival
of $112,200.
Background:
Resolution 2004-32 states that beginning in Fiscal Year 2004/2005, the City Council will appropriate thirty three
and one third percent of the anticipated Transient Occupancy Tax monies for Economic and Cultural
Development. The amount to be allocated annually to the Ashland Chamber of Commerce (COC) and Oregon
Shakespeare Festival (OSF) for promoting tourism per the State definition shall be $80,432 and $110,000,
respectively, which is adjusted each year by the amount of inflation or deflation established in the Budget process.
An additional amount of $160,000, also adjusted each year by the amount of inflation or deflation, will be granted
annually to COC for economic development projects in cooperation with City staff.
The minimum amount for City of Ashland to expend on tourism required by the State definition is $205,197 in FY
2005-06. This is calculated on the budgeted amount of Transient Occupancy Tax revenue to be received and also
based upon actual money spent in prior years.
The COC tourism amount of $82,041 and the entire $112,200 amount granted to OSF (for tourism) leaves
$10,956 is to be spent on tourism by the other grantees to meet the minimum amount required 'by the State. The
other grantees' requests totaled $218,203 with 31% identified for tourism. The amount awarded to them for FY
2005-06 is $122,745. Using the percentage identified in the applications, we estimate the other grantees will
spend $38,050 tourism - well above the required minimum.
Staff requested permission to make payments to COC and OSF and this has been done on a prorated monthly
basis of $20,436.75 and $9,350.00, respectively. To date $143,057.25 and $65,450.00 have bl3en paid to COC
and OSF.
~.l'
- ----..---.---
Council requested additional information directly from the Chamber for consideration before taking action.
By resolution or contract, reports from OSF and COC are due into the City on January 31 (for the prior year's
activities per the grant) and can be used in evaluation of future awards.
Changes in this process would require a revision to the current resolution for the FY 2006-07 buclget.
Related City Policies:
Resolution 2004-32
Council Options:
Approve Ashland Chamber of Commerce and Oregon Shakespeare Festival grant contracts for signature.
Defer approval awaiting additional information.
Staff Recommendation:
Staff recommends approval of the Ashland Chamber of Commerce and Oregon Shakespeare FElstival Economic
and Cultural Development contracts.
Attachments:
Resolution 2004-32
Ashland Chamber of Commerce contract
Oregon Shakespeare Festival contract
Update on Ashland Chamber of Commerce City Grant Report
Oregon Shakespeare Festival Report for Section 2 of Resolution 2004-11
~.l'
_u_____________ _____~_ _m'._ ~ ..----,-_ --
RESOLUTION NO. 2004- ?:f2...
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND
REITERATING ITS POLICY OF RELATING THE EXPENDITURE OF
MONIES FOR ECONOMIC AND CULTURAL DEVELOPMENT TO THE
HOTELIMOTEL (Transient Occupancy) TAX AND REPEALING
RESOLUTION 2004-11
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. That the city council recognizes that the source of monies for the Economic
and Cultural Development Grant program is the Hotel/Motel Tax.
SECTION 2. The following are the goals which the Economic and Cultural Development
Committee is attempting to meet by granting money to applicants:
a) Tourism Promotion.
b) Economic Development by:
1) Responding to general inquiries about business in the city;
2) Providing assistance to existing small businesses;
3) Providing technical and financial assistance for the expansion of existing
businesses;
4) Providing technical and financial assistance for the development of new
businesses; or
5) Providing such other services and support to business as the city council may
deem beneficial.
c) Cultural Development.
SECTION 3. Beginning in Fiscal Year 2004/2005, the city council will appropriate thirty-
three and one-third percent (33.3%) of the anticipated HotellMotel tax monies for Economic
and Cultural Development. The City of Ashland has determined that as of July 1,2003,
$186,657 or 14.23% oftota1 HotellMotel tax revenues were expended on tourism pmmotion,
as defined in Chapter 818 of the 2003 Oregon Laws, and will continue to be spent on tourism
promotion increased or decreased annually consistent with the estimated TOT revenues
budgeted.
The amount to be allocated annually to Ashland Chamber of Commerce (COC) and Oregon
Shakespeare Festival (OSF) for promoting tourism per the state definition shall be $80,432
and $11 0,000, respectively, adjusted each year by the amount of inflation or deflatinn
established in the Budget process. An additional amount of$160,000, adjusted each year by
the amount of inflation or deflation established in the Budget process, will be grant,:~d
annually to COC for economic development projects in cooperation with City staff. The
allocations in this paragraph shall sunset after three years.
Any additional amount for tourism required by Chapter 818 shall be allocated to COC, OSF
or other group during the budget process. The remainder of the monies budgeted for these
grants may be allocated to grantees for activities fitting in any ofthe three categori,;:s set forth
in Section 2 of this Resolution.
TOT Resolution 9/07/04 page I of 2
~--.-
By January 31 of each year each recipient of grants under this resolution shall submi!t a report
to the city council setting forth how the grant funds received were expended in furtherance of
the goals set forth in Section 2.
SECTION 4. The following guidelines and criteria are established for the Economic and
Cultural Development Grants:
a) Grantee shall be a 501(c) non-profit agency.
b) Grantee shall be a non-governmental agency.
c) Grantee shall promote livability for the citizens of Ashland.
d) The minimum grant proposal will be $1,000.
e) The grant will benefit Ashland in regards to enrichment and activities of an
economic nature.
f) Grantee shall serve the population in Ashland but may encompass other venues in
the Rogue Valley.
g) Irrespective of sub-paragraph 'b', the City of Ashland Public Arts Commission may apply
for and receive funds.
SECTION 5. Resolution 2004-11 is repealed upon passage of this resolution.
SECTION 6. 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 ~(~ ~
P ASSE/nd ADOPTED this ~day of ~t 2004
~~
#
Barbara Christensen, City Recorder
fIJ~'l!I ~
SIGNED and APPROVED this~day ~s4St 2004:
"/
~~~
Alan DeBoer, Mayor
TOT Resolution 9/07/04 page 2 of2
CITY OF
AS 1--1 LAN D
Agreement for Services
Between
City of Ashland
And
Ashland Chamber of Commerce
Agreement between the City of Ashland (City), the Ashland Chamber of Commerce (CoC) and the
Ashland Visitor and Convention bureau (VCB) for fiscal year 2005-06.
Recitals
A. The VCB shall receive $80,432 for promoting tourism in Ashland based upon Ashland City
Council Resolution 2004-32. That amount will be adjusted each year by the amount of inflation
or deflation established in the budget process. The amount awarded for FY 2005-06 is $82,041,
which will be disbursed in monthly amounts of $6,836.75 for the fiscal year. Expenditures of
these funds must meet the requirement of ORS 320.300 through ORS 320.350.
B. The CoC shall receive $160,000 for the purpose of economic development in Ashland based
upon Ashland City Council Resolution 2004-32. That amount will be adjusted leach year by the
amount of inflation or deflation established in the budget process. The amount awarded for FY
2005-06 is $163,200, which will be disbursed in monthly amounts of $13,600 for the fiscal year.
C. The City, CoC and VCB now enter into this Agreement to identify their roles and responsibilities.
Purpose
The City relies on the VCB to promote Ashland to visitors traveling from more than 50 miles to Ashland
and/or visitors who stay overnight in Ashland. Promotion includes advertising, publicizing, distribution
of printed materials, marketing special events and festivals, conducting strategic planning, visitor center
management and research necessary to stimulate tourism development.
The City of Ashland has established a system of shared responsibility with the CoC to handle typical
economic development types of needs. Currently the Chamber provides the followingl kinds of
services: coordinated marketing, rapid response team to inquiries, relocation services, point-of-contact
management and information services, general inquiries, training for local business and coordination
with the Small Business Association.
The City of Ashland's comprehensive Plan is the guiding document for all development within the
community. The plan incorporates ten specific elements related to development. ThE~ economic
development element is identified in Chapter 7.
Finance Department
D.L. Tunaberg. Director
20 East Main Street
Ashland. Oregon 97520
www.ashland.or.us
Tal: 541-488-5300
Fax: 541-488-5311
TTY: 800-735-2900
r.,
The CoC will emphasize, in it's economic development activities, the importance of malintaining
Ashland's small-town feel and portraying Ashland as a family friendly community that supports its
schools and places great value on the quality of education offered.
Overall Objectives
Retention and Expansion of ExistinQ Business
The CoC will develop and implement on-going strategies on retaining and expanding existing
businesses, particularly those businesses that are non-tourism related, in Ashland with an emphasis on
creating additional family wage jobs.
I. Methodology: Adopt an aggressive and focused business retention plan, which is research and
relationship based.
II. Promotion: Offer assistance to all City of Ashland cultural and economic development grant
recipients to make them aware of the wide array of business support rt:"lsources in Ashland,
southern Oregon and the State of Oregon.
III. Service Delivery: Organize processes by which any existing business interest may acquire
accurate and timely information with regard to making a business expansion dl~cision to stay in
Ashland.
IV. Advocacy: Establish multiple pathways in which a local business may acquire specialized
support in growing their business, to include conduits to other agencies, governments,
applicable organizations or existing community leadership for the purposes of retaining jobs in
Ashland.
New Business Development
The CoC will develop and implement on-going strategies with emphasis on creating new family wage
jobs by attracting new businesses to Ashland. The strategy will focus on non-tourism related
businesses.
I. Methodology: Adopt an aggressive and focused new business recruitment plain, which is
research and relationship based.
II. Promotion: Attract the attention of potential new businesses through networking, making
personal or telephone contact, and organizing special events.
III. Special Delivery: Organize processes by which any outside business interest may acquire
accurate and timely information with regard to making a business location decision in favor of
Ashland.
IV. Advocacy: Establish multiple pathways in which a potential new business may acquire
specialized information on which to base their decision to locate in Ashland, to include conduits
2
Finance Department
D.L. Tuneberg, Director
20 East Main Street
Ashland, Oregon 97520
www.ashland.or.us
Tel: 541-488-5300
Fax: 541-488-5311
TTY: 800-735-2900
r.,
to other agencies, governments, applicable organization or existing community leadership for
the purposes of creating jobs in Ashland.
Tourism
The VCB will develop and implement a year-to-year strategy to maintain current levels of tourism in
Ashland and increase tourism from November through February, known as the shoulder season.
I. Methodology: Adopt an aggressive and focused tourism promotion plan, which is research and
relationship based.
II. Promotion: Focus on promoting visits to Ashland during the shoulder season and make
assistance available to Economic and Cultural Grant recipients.
III. Service Delivery: Organize processes by which visitors may acquire accurate and timely
information with regard to making a trip to Ashland and by which once in town, visitors can
acquire accurate information about the community.
Accountability
Develop mechanisms for tracking progress, measuring success, auditing finances and reporting to the
Ashland City Council on a yearly basis. Present a progress report on current fiscal ye;ar activities at
least annually at a Council meeting.
General Expectations
I. Retain or create jobs through business assistance programs measured by job retention or
expansion.
II. Create new business and employment opportunities measured by job creation.
III. Maintain or increase the number of outside dollars spent in Ashland retail, service and lodging
businesses as measured by increased revenues and transient occupancy tax revenue.
IV. Reach out to other City of Ashland cultural and economic development grant necipients to assist
them with their efforts.
Specific Reauirements
The CoC shall provide an annual report to the Ashland City Council no later than January 31 on its
previous year's activities, which shall at a minimum consist of the following:
I. Provide a report of Ashland businesses, which received direct assistance from the CoC for the
purpose of retaining or creating new family wage jobs in Ashland.
II. Provide a report of prospective businesses the CoC made presentations to for the purpose of
attracting new jobs to Ashland.
III. Provide a report of local and regional partnerships developed and maintained for the CoC for
the purpose of business retention and development including but not limited to: SOWAC,
3
Finance Department
D.L. Tuneberg, Director
20 East Main Street
Ashland, Oregon 97520
www.ashland.or.U5
Tel: 541-488-5300
Fax: 541-488-5311
TTY: 800-735-2900
r~'
SOREDI, and AGA. Include documentation of supportive efforts including but not limited to
offering educational workshops, cross promotion and web links.
The VCB shall provide an annual report to the Ashland City Council no later than January 31 on its
previous year's activities which, shall at a minimum consist of the following:
I. Provide a report on the variety of specific promotion activities executed for the purpose of
attracting visitors to Ashland. Include samples of advertising, which include family, quality of life
and educational opportunities.
II. Provide a report on the variety of specific promotion activities executed for the purpose of
attracting visitors to Ashland during the shoulder season. Include samples of advertising, which
include family, quality of life and educational opportunities.
General Provisions
1. Amount of Grant. Subject to the terms and conditions of this agreement, the City agrees to
provide funds in the amount specified above.
2. Use of Grant Funds. The use of grant funds is expressly limited to the objectives identified in
this agreement.
3. Unexpended Funds. Any grant funds held by the Grantee remaining after the purpose for
which the grant is awarded or this agreement is terminated shall be returned to the City within
30 days of completion or termination.
4. Financial Records and Inspection. Grantee includes in the annual report to the City a) copies
of 501@ letter, IRS non-profit status and corporate bylaws; b) list of Board members, their
occupations, and years on the Board; c) financial statements showing previous year expenses
and revenues; d) current and projected budgets (total organization and individual program's
funded by this grant.
5. Living Wage Requirements. If the amount of this agreement is $16,379.00 or more, and if the
Grantee has ten or more employees, then Grantee is required to pay a living wage, as defined
in Ashland Municipal Code Chapter 3.12, to all employees and subcontractors who spend 50%
or more of their time within a month performing work under this agreement. Grantees required
to pay a living wage are also required to post the attached notice predominantly in areas where
it will be seen by all employees.
6. Default. If Grantee fails to perform or observe any of the covenants or agreements contained
in this agreement or fails to expend the grant funds or enter into binding legal agreements to
expend the grant funds within twelve months of the date of this agreement, the City, by written
notice of default to the Grantee, may terminate the whole or any part of this agreement and
may pursue any remedies available at law or in equity. Such remedies may include, but are
not limited to, termination of the agreement, stop payment on or return of the grant funds,
payment of interest earned on grant funds or declaration of ineligibility for the receipt of future
grant awards.
4
Finance Department
D.L. Tuneberg, Director
20 East Main Street
Ashland, Oregon 97520
www.ashland.or.us
Tel: 541-488-5300
Fax: 541-488-5311
m: 800-735-2900
rA1
7. Amendments. The terms of this agreement will not be waived, altered, modifie!d,
supplemented, or amended in any manner except by written instrument signed by the parties.
Such written modification will be made a part of this agreement and subject to all other
agreement provisions.
8. Indemnity. Grantee agrees to defend, indemnify and save City, its officers, employees and
agents harmless from any and all losses, claims, actions, costs, expenses, judgments,
subrogation's, or other damages resulting from injury to any person (including injury resulting in
death,) or damage (including loss or destruction) to property, of whatsoever mlture arising out
of or incident to the performance of this agreement by Grantee (including but not limited to,
Grantee's employees, agents, and others designated by Grantee to perform work or services
relating to Grantee's obligation under the terms of this agreement). Grantee shall not be held
responsible for damages caused by the negligence of City or anyone acting in behalf of City.
9. Insurance. Grantee shall, at its own expense, at all times for twelve months from the date of
this agreement, maintain in force a comprehensive general liability policy. ThE~ liability under
such 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 insures. Certificates of insurance acceptable to the City shall be filed with the City
Risk Manager or Finance Director prior to the expenditure of any grant funds.
10. Merger. This agreement constitutes the entire agreement between the parties. There are no
understandings, agreements, or representations, oral or written, not specified in this agreement
regarding this agreement. Grantee, by the signature below of its authorized rt9presentative,
acknowledges that it has read this agreement, understands it, and agrees to be bound by its
terms and conditions.
11. Notices and Representatives. All notices, certificates, or communications shc:llI be delivered or
mailed postage prepaid to the parties at their respective places of business al) set forth below
or at a place designated hereafter in writing by the parties.
5
Finance Department
D.L. T uneberg, Director
20 East Main Street
Ashland, Oregon 97520
www.ashland.or.us
Tel: 541-488-5300
Fax: 541-488-5311
TTY: 800-735-2900
~.l'
_._-~------------.---..._._-
CITY of Ashland:
Gino Grimaldi
City Administrator
20 East Main
Ashland, OR 97520
Ashland Chamber of Commerce:
Sandra Slattery
110 East Main
Ashland, OR 97520
This Agreement constitutes the Entire Agreement between the parties. There are no understandings,
agreements, or representations, oral or written, not specified herein regarding this agreement. No
amendment, consent, or waiver or terms of this agreement shall bind either party unle:ss in writing and
signed by all parties. Any such amendment, consent or waiver shall be effective only i:n the specific
instance and for the specific purpose given. The parties, by the signature below or their authorized
representatives, acknowledge having read and understood the Agreement and the paliies agree to be
bound by its terms and conditions.
City of Ashland
By
Title
Date
Date ?-7-a5
{
6
Finance Department
D.L. T uneberg, Director
20 East Main Street
Ashland. Oregon 97520
www.ashland.or.us
Tel: 541-488-5300
Fax: 541-488-5311
TTY: 800-735-2900
r.,
ACORD.. CERTIFICATE OF LIABILITY INSURANCE OP 10 T~ DATE (MMlDDIYYYY)
ACHAM-1 07/14/05
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Reinholdt & O'Harra Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
518 Washington Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Ashland OR 97520 I
Phone: 541-482-1921 Fax:541-488-4458 INSURERS AFFORDING COVERAGE NAIC' #
INSURED INSURER A. Maryland Casualty Company 193!.l6
.-
ASHLAND CHAMBER OF COMMERCE INSURER B
ASHLAND VISITORS AND
CONVENTION INSURER C
POBox 1360 INSURER D
Ashland OR 97520
INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED APOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTA~IDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONOITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NSR[ TYPE OF INSURANCE POLICY NUMBER DATE (MM/DDIYY) DATE (MM/DDIYY) I LIMITS
GENERAL LIABILITY I EACH OCCURF:ENCE . $ 1000000
A I X ~ COMMERCIAL GENERAL LIABILITY PPS039636353 02/03/05 02/03/06 PRE'MISEs (E~~r~nce) $ 1000000
. L--f-J CLAIMS MADE D OCCUR I MED EXP (My one person) $1:000~_
,-----
I i PERSONAL & ADV INJURY $ 1000000
, i GENERAL AGGREGATE $ 2000000
' .
>--...1. I
: GEN'L AGGREGATE LIMIT APPLIES PER: I PRODUCTS - COMP/OP AGG $ 2000000
I n PRO. nLOC
POLICY JECT
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
- $
ANY AUTO (Ea accident)
-
ALL OWNED AUTOS BODILY INJURY
- $
SCHEDULED AUTOS I (Per person)
- I
I HIRED AUTOS I BODILY INJURY I
--.- s
I NON.OWNED AUTOS (Per aCCident)
- I !
I I
-i : PROPERTY DAMAGE $
I (Per accident)
GARAGE LIABILITY AUTO ONLY. EA ACCIDENT $
I -~ ANY AUTO OTHER THAN EA ACC $
I
I ' I I AUTO ONLY AGG $
! EXCESS/UMBRELLA LIABILITY I EACH OCCURflENCE $ 3000000
A ~ OCCUR D CLAIMS MADE PPS039636353 02/03/05 02/03/06 rAGGREGATE $ 3000000
I $
I !
~ DEDUCTIBLE I $
I X RETENTION $0 ! $
WORKERS COMPENSATION AND I TORY lIM:T:5 I IUtH.
ER
EMPLOYERS' LIABILITY E.L EACH ACCIDENT $
ANY PROPRIETORlPARTNERIEXECUTIVE
OFFICER/MEMe€R EXCLUDED? I I , I E.L DISEASE. EA EMPLOYEEI $
i If yes, describe under ! I --
I SPECIAL PROVISIONS belOW ; E L DISEASE POLICY LIMIT i $
I OTHER I I I
i I
I i i
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
Certificate holder is named as additional insured per endorsement to the
policy.
CITYOFA
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES IBE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERTlF1CA TE HOLDER NAMED TO TIlE LEFT. BUT FJOuutIl ~m .....IGHALL
IMPOSE NO OBLIGAllON OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATI\(,E
Ter R. Adams
CERTIFICATE HOLDER
City of Ashland
its officers, employees and
agents
20 E. Main
Ashland, OR 97520
ACORD 25 (2001/08)
CITY OF ASHLAND
FINANCIAL ASSISTANCE AWARD CONTRACT
CITY: CITY OF ASHLAND GRANTEE: Oregon Shakespeare Festival
20 E Main Street Address: P.O. Box 158
Ashland OR 97520 Ashland, OR 97520
(541) 488-5300 Telephone: 482-2111
FAX: (541) 488-5311
Date of this agreement: July 1, 2005
Amount of grant: $112,200, which will be distributed in monthly segments of $9,350 for
the fiscal year.
Budget subcommittee: Economic and Cultural Development
Contract made the date specified above between the City of Ashland and Grantee named
above.
1. Amount of Grant. Subject to the terms and conditions of this contract and in reliance
upon Grantee's approved application, the City agrees to provide funds in the amount
specified above.
2. Use of Grant Funds. The use of grant funds are expressly limited to promoting tourism
activities identified in Resolution 2004-32, Section 2 as accepted by the budget
subcommittee designated above.
Grantee will report in writing on the use and effect of granted monies per the following:
a. Within 90 days of the event completion (Single event applications)
b. As part of a subsequent application for grant funds from the City
c. Within 90 days of the budget fiscal year
3. Unexpended Funds. Any grant funds held by the Grantee remaining aft<er the purpose
for which the grant is awarded or this contract is terminated shall be returned to the City
within 30 days of completion or termination.
4. Financial Records and Inspection. Grantee shall maintain a complete SE~t of books and
records relating to the purpose for which the grant was awarded in accordance with
generally accepted accounting principle~. Grantee gives the City and .my' authorized
representative of the City access to and the right to examine all books, recClrds, papers or
documents relating to the use of grant funds.
5. Living Wage Requirements. If the amount of this contract is $16,379 or more, and if the
Grantee has ten or more employees, then Grantee is required to pay a living wage, as
defined in Ashland Municipal Code Chapter 3.12, to all employees and subcontractors who
spend 50% or more of their time within a month performing work under this contract.
Grantees required to pay a living wage are also required to post the 8lttached notice
predominantly in areas where it will be seen by all employees.
6. Default. If Grantee fails to perform or observe any of the covenants or agreements
contained in this contract or fails to expend the grant funds or enter into binding legal
agreements to expend the grant funds within twelve months of the date of this contract, the
City, by written notice of default to the Grantee, may terminate the whole or any part of this
Grant Contract 2005-06 Page 1 of 2
contract and may pursue any remedies available at law or in equity. Such remedies may
include, but are not limited to, termination of the contract, stop payment on or return of the
grant funds, payment of interest earned on grant funds or declaration of ineligibility for the
receipt of future grant awards.
7. Amendments. The terms of this contract will not be waived, altered, modified,
supplemented, or amended in any manner except by written instrument signed by the
parties. Such written modification will be made a part of this contract and subject to all
other contract provisions.
8. Indemnity. Grantee agrees to defend, indemnify and save City, its officers, employees
and agents harmless from any and all losses, claims, actions, costs, expensEis, 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 agreement by Grantee (including
but not limited to, Grantee's employees, agents, and others designated by Grantee to
perform work or services attendant to this agreement). Grantee shall net be held
responsible for damages caused by the negligence of City.
9. Insurance. Grantee shall, at its own expense, at all times for twelve months from the
date 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, and owner's and contractor's
protective insurance. 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. Certificates of
insurance acceptable to the City shall be filed with the City's Risk Manager or Finance
Director prior to the expenditure of any grant funds.
10. Merger. This contract constitutes the entire agreement between the parti,es. There are
no understandings, agreements or representations, oral or written, not specified in this
contract regarding this contract. Grantee, by the signature below of its authorized
representative, acknowledges that it has read this contract, understands it, and agrees to be
bound by its terms and conditions.
GP.AN~
By l~~
Title ~~u,j~~U)('"(t.~
C!TY OF ASHLAt'-.!D
By
Finance Director
Date
Account Number
(for City use only)
Grant Contract 2005-06
Page 2 of 2
ACORD CERTIFICATE OF LIABILITY INSURANCE 1 DATE (MM/DDNYYYI
_,___~".___.__ 1M 1/4/2006
PRODUCER (541) 772-1111 FAX (541) 772-3785 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Security Insurance HOLDER. THIS CERTIFICATE DOES NC)T AMEND, EXTEND OR
707 Murphy Road ALTER THE COVERAGE AFFORDED BY "HE POLICIES BELOW.
Medford OR 97504 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A. Uniqard Insurance Comp;anv 025747
Oregon Shakespeare Festival INSURER B:
PO Box 158 INSURER C.
255 Helman Street, #4 INSURER 0:
Ashland OR 97520 INSURER E.
''''----''
"---
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
II~~ ADD'L TYPE OF INSURANCE POLICY NUMBER Pa>l-~~:t~g8;Wr Pg~WI~~~~N
INSRD LIMITS
~NERAL LIABILITY EACH OCCURRI=NCE $ 1,000,000
X COMMERCIAL GENERAL LIABILITY ~=~iJ9E~~~~ence) $ 100,000
A 10- ~ CLAIMS MADE GU OCCUR CM006663 1/1/2006 1/1/2007 MED EXP (Am cIne person) $ 1,000
- PERSONAL & ADV INJURY $ 1,000,000
- GENERAL AGGREGATE $ 2,000,000
-il'L AGGREn LIMIT AFlS PER PRODUCTS - COMP/OP AGG $ 2,000,000
X POLICY ~r8i LOC
~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
~ ANY AUTO (Ea aCCident)
A - ALL OWNED AUTOS CM006663 1/1/2006 1/1/2007 BODILY INJURY
SCHEDULED AUTOS (Per person) $
-
~ HIRED AUTOS BODILY INJURY
~ (Per accident) $
NON-OWNED AUTOS
10- PROPERTY DAMAGE $
(per accident)
~RAGE LIABILITY AUTO ONL Y - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
@ESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 2,000,000
X OCCUR 0 CLAIMS MADE AGGREGATE $ 2,000,000
$
A :;j DEDUCTIBLE CU009366 1/1/2006 1/1/2007 $
X RETENTION $10,000 $
WORKERS COMPENSATION AND I we STAT~-; I IOTH-
EMPLOYERS' LIABILITY TORY L1MI S ER
ANY PROPRIETORlPARTNERlEXECUTIVE EL EACH ACCIDENT $
OFFICERlMEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $
If yes, describe under
SPECIAL PROVISIONS below EL DISEASE. POLICY LIMIT $
OTHER
DESCRIPTION OF OPERA TlONS/LOCA TlONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Certificate holder is an additional insured as respects General Liability when required by ~rri t ten aqreemen t . This
form is subject to policy terms, conditions and exclusions.
COVERAGES
City of Ashland
Its Officers, Employees and Agents
Attn: Bryn Morrison
20 E Main
Ashland, OR 97520
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
FAILURE TO DO SO SHALL IMPOSE NO OBLlGATllJN OR LIABILITY OF ANY KIND UPON THE
CERTIFICATE HOLDER
INSURER ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
~'.hLQ<. DM-
Sandy Orr/SANDOR
@ACORDCORPORATION 198
ACORD 25 (2001/08)
Update on Ashland Chamber of Commerce City Grant Report
September 20,2005
This is a summary highlighting late spring through early fall activity for some of
our programs outlined in the Annual Grant Report. Our yearly report was;
provided to the City of Ashland in March. Since that time we continued to work on
our specific outlined goals, economic development and tourism promotion. The
following are snapshots of activity starting in late spring through fall. In 2006, a
full report of this year's activities will be provided.
Workshops and Education:
. Workshops: In spring of 2005, we conducted two workshops - "Creating
Loyalty for your Business" and "Your Money, Your Business, Your Life"-
for small businesses addressing customer service, financial management
and employee retention with nearly 200 attendees. Additional training and
workshops are being planned, for late fall through winter of 2006, with
topics including human resources, labor-force and customer service.
. "Q" Training: The "Q" customer service training workshops have been
given to over 60 people this fall and over 200 Ski Ashland employees are
slated to receive the training this winter.
Economic Survey and Analysis:
. Tourism Survey: Throughout Summer 2005 an independent visitors
survey has been conducted with scheduled completion Sept 2005. Final
report and analysis will be completed late Fall 2005. Results will be used
to enhance our tourism marketing program and will provide educational
information for our businesses.
Business Retention & Expansion Program:
. Survey: Initially, after 40 businesses were identified in their key industry
clusters to be interviewed. The volunteer teams were trained late, in the
spring and in early summer. We are currently in the process of our
business volunteer peers conducting the surveys and are comin~J to a
conclusion. From October through mid November, the results will be
inputted and analyzed by an independent paid researcher with a final
report produced by the end of the year 2005.
Brand Development:
. In & About Ashland: Throughout spring 2005, the new brand "Destination
Ashland" was further refined with the first publication using the brand
being developed for the summer 2005 release - In & About Ashland.
. Living & Doing Business Guide: Over the summer the entire editorial,
photographic and graphic redesign of the brand was applied to the Living
& Doing Business Guide. Currently, we are in the final proofing stage of
the guide for publication for final distribution at the Annual Dinner, mid
October.
.
. Website: We are currently in the process of selecting images and editorial
content for the new website. The new brand, "Destination Ashland," will
be integrated into the new site.
Promotion of "Destination Ashland"
. Publication: Travel writers from magazines and newspapers haVE!
produced stories and/or articles showcasing Ashland as a travel
destination. We have recently worked with from the following: Thl3 Orange
County Register, Westways Magazine, Horizon Air Magazine, The 100
Best Towns in Oregon, The Oregonian, San Jose Business Journal,
Endurance Sports, Sunset, and Northwest Travel Magazine, to name a
few.
. Media Contacts: For the purpose of niche marketing, we have developed
an extensive list of writers for future publication ranging from healthcare
and technology to aviation and travel.
. Media Camp: On September 1th and 18th,we hosted, in conjunction with
the Oregon Wine Board, Travel Oregon, POVA and the Medford VCB, a
compellation of thirty-five, food, wine and lifestyle authors from alii over the
country plus international writers from Italy and England.
. Travel Documentary: In late September, in cooperation with travel industry
and Oregon Shakespeare Festival, a travel documentary will be filmed in
Ashland to be aired in Germany and other feeder markets. We will own
and footage and it can be dubbed in any language, which, in the future,
enables us to choose other markets for airing the production.
. Ski Documentary: A Northwest travel documentary was produced
featuring three Oregon ski areas. We split the cost split with Ski Ashland.
The television footage of skiing on Mount Ashland and Ashland
Businesses was shot in March of 2005 promoting Ashland as a Ski
Destination. The feature will be aired on Northwest Cable news beginning
in Oct and will run several times throughout fall of 2005 and wintler of
2006.
Economic Conferences and Meetings:
. Southern Oregon University: Over the summer we have been working with
SOU School of Business to explore our current cooperative programs and
develop new opportunities for business development.
. Rapid Response Team: We have met with a number of businesses
looking to relocate, as well as, businesses seeking advice with various
issues and challenges they are experiencing. The committee and staff
seek to help the business while keeping the business information
confidential.
. THRIVE: After meeting with them, we offered promotional support and
financial assistance for the production of their culinary based pulblication.
. Visitor Convention Bureau: In September, new members have been
added to the committee including representation from Science VI/orks,
Ashland Independent Film Festival, Oregon Cabaret Theatre, Ashland
Wine Tours and the Southern Oregon Land Conservancy.
. Oregon Economic Development Conference: we will be attending Oct 4
and 5.
· Oregon Business Plan Summit: In December 2005 we will be attending.
. Oregon Tour & Travel Alliance: This promotional travel group will have
their October meeting here.
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Oregon
ShakespE~are
Festival
P.O. Box 158
15 South Pioneer Street
Ashland, OR 97520
,., ~
L
March 22, 2005
Ashland City Council
City Hall
Ashland, OR 97520
541 482 2111
541482 0446 fax
5414824331 box office
www.osfashland.org
Re: Report for Section 2 of Resolution No. 2004-11
Dear Council Members:
On behalf of the Festival Board, staff and audience, thank you for the City's $110,000 Economic
and Cultural Development grant for 2004-05.
I am pleased to report that the Festival's 2004 season saw attendance of356,770 tickets, or 80%
of capacity. Visitors new to OSF purchased 57,839 of those tickets.
The 2005 season is looking very promising with two world premieres that will attract new
national and regional press. In addition to theater critics and feature writers, OSF draws
numerous travel writers. Last season, articles about OSF and Ashland appeared in the
Washington Post and the Christian Science Monitor; and those articles subsequently appeared in
major newspapers throughout the country.
Promoting Tourism in 2005
OSF will spend over $700,000 in marketing in FY2005. The following are among the actions
already taken, or to be taken, toward the goals outlined by the Economic and Cultural
Development Committee, specifically Goal 3(b), "To promote tourism":
TOURISM SALES
Season brochure. OSF has distributed 470,000 copies of the full-color 2005 season
brochure nationally and internationally to its mailing list of individual ticket buyers,
members, schools and universities, businesses and corporations, government agencies,
media contacts, tourist and business locations throughout Oregon, and trade shows in
Japan, Germany, England and Switzerland.
Advertising. OSF has placed and will continue to place display ads in major newspapers
in the Bay Area, Sacramento, Portland and Seattle. OSF will partner with Brand Oregon,
the state tourism office's marketing campaign, in advertisements in major magazine in
California, Oregon and Washington. OSF has also moved into premier online advertising
.
--,--
Oregon Shakespeare Festiv..... Report
March 23, 2005
Page 2 of 4
locations in travel sections on major San Francisco, Sacramento and Portland websites.
Together with the Ashland Chamber of Commerce, OSF has supported co-op ads in
Sunset magazine. Additionally, through its website at www.osfashland.org, OSF provides
links to lodgings, restaurants and other Southern Oregon attractions.
HOSPITALITY AND SPECIAL EVENTS
Trade shows. OSF has partnered with the Ashland Chamber at trade shows from Los
Angeles to Canada. OSF regularly participates in the Ashland Hospitality Showcase and
contributes staff support to the Ashland Visitors and Convention Bureau.
Communication and training. OSF actively participates in, and regularly hosts, the
Ashland Greeters to thoroughly inform community leaders about pertinent visitor
information. Additionally, OSF hosts a community event each year at which OSF's
Artistic Director Libby Appel shares insights on the season's plays with members of the
hospitality community. These talks are now videotaped and broadcast throughout the
local area, including to hotels and motels.
MEDIA RELATIONS
West coast and national media: OSF sustains existing relationships and builds new ones
with reviewers and writers on the West Coast, particularly in Oregon and California,
where more than 80% of OSF patrons reside. OSF continues to cultivate relationships
with national writers.
Travel writers: As noted above, theater and travel writers visit OSF, and articles about
OSF appeared in the New York Times, Time magazine, Christian Science "Monitor, Los
Angeles Times, Backstage West, Washington Post, Philadelphia Inquirer, Sunset,
American Theatre, Horizon Airlines and Alaska Airlines magazines, and Gentry in 2003
and 2004.
Radio and television (national and regional):
Radio stations representing a wide geographic area, from Dallas to Bolinas, Calif., aired
programs about OSF. In October 2004 the Food Channel's $40 A Day with host Rachel
Ray visited OSF. The program will air April 8, 2005, at 9:30 p.m. Ashland is mentioned
in a story on the Today show (NBC) website as one of the "hot spots" to retire
(http://www.msnbc.msn.com/id/7204492/). OSF and the many opportunities to volunteer
with the Festival are mentioned. Oregon's OPB-TV has made OSF a regular subject of its
program Art Beat for the past four seasons.
Improved technology: Over the past year, OSF has continued to develop a comprehensive
electronic press kit. The significant increase in national media coverage of OSF in the
past two years is in large part due to the ease of access to high-resolution images through
OSF's secure electronic press kit. The images used in Time magazine's June 2003
"Bigger than Broadway" article were used because the writer found them to be both
professional and accessible. In addition, OSF has developed a comprehens.ive video news
-----.--
Oregon Shakespeare Festival IZeport
March 23, 2005
Page 3 of 4
release that is delivered to all west coast and select national television stations for both
spring and summer openings. These video releases contain digital footage of OSF
productions as well as extensive establishing shots of Ashland. This stock fi)otage is used
by television stations when doing both theater and non-theater stories on our region. OSF
has also begun to stream video on its website to provide more information about the
productions.
OSF in the Community
The past year also saw the continuation ofOSF's active participation in our community, through
Festival programs and in community work by company members. We are especially proud of the
success of the fifth year of the new Ashland Schools Project, in which the OSF Education
Department, and specifically a team of two OSF actor-teachers, worked with students from
fourth through twelfth grades in the Ashland School District. During the past school year, 342
ninth graders and 273 tenth, eleventh, and twelfth graders participated at the high school; 684 .
middle school students participated; and elementary school 396 students participated.
The program began in the fall of 2004 with all AHS freshmen English students attending The
Comedy of Errors. Before seeing the show, the students had a preparatory session with an OSF
actor-teacher. After the show, a Comedy of Errors cast member visited each class for a follow-up
discussion. In December, a team of OSF actors spent two days at the high school performing
assemblies (such as the thirty-five-minute version of Richard III) and leading student
workshops.
At the middle school, the actor-teachers performed the thirty-five-minute version of Richard III
for all students in sixth through eighth grades. Half of the seventh- and eighth-grade students
then took a backstage tour, while the other half visited with OSF artisans. This fall, the two
groups will rotate.
At the elementary schools, the actor-teachers performed the abbreviated Richard III for fourth
and fifth graders, then visited each fifth-grade class with a trunk of costume renderings, fabric
swatches, set designs and photos of past productions to use in discussing Richard III with the
students.
Volunteer participation by Ashland residents also reflects OSF's connection to the: community.
In 2004,576 local residents were active volunteers at OSF, contributing in excess of 29,480
hours of service.
OSF's Diversity Efforts
In recent years, one ofOSF's key initiatives has been creating greater diversity in our
staff and audience. We have seen dramatic success in some areas. Today, more than 30%
(27 of78 actors) of the acting company are people of color; the Festival offers more
employment to actors of color than any other theater in America. In other areas, the pace
of change is much slower. About 6% of our production and administrative staff are
minorities, and we continue to work to increase that proportion. In addition, the Festival
- -----~----_._.-
Oregon Shakespeare Festival ~,"eport
March 23, 2005
Page 4 of 4
now employs an audience development manager, and FAIR (Fellowships, Assistantships,
Internships, and Residencies) coordinator whose focus is developing programs to
increase the number of people of color in our audience and on our staff.
For the last seven years, the Festival has undertaken diversity training for its staff. Almost all
company members have now received this training. In 2002, we helped to initiate what has
become the Ashland Cultural Diversity Alliance, which is now taking a leadership role in
encouraging other institutions to join us in addressing issues of diversity. After many planning
sessions, citywide diversity training has now begun with four successful workshops, and more to
come. We are gratified that our initial efforts are leading to a greater citywide awareness and
appreciation of the benefits of diversity.
Economic Impact
The Festival's economic impact on Ashland and Southern Oregon approached $129 million* in
2004. Beyond this economic impact, the City received $1,309,000 from the Hotel/Motel tax and
$1,684,000 from the Food and Beverage tax in 2003/2004. OSF's activities are a major factor in
the generation of these taxes.
OSF's 79,009 non-local visitors spent an average of $304.45 each. Added to OSF expenditures
of $20,393,637 and multiplied by the Oregon multiplier of 2.9, brings the total regional impact of
Festival operations of$128,898,548.
Conclusion
Over the past twenty-two years, the Ashland City Council's commitment to investing in the
promotion of tourism through OSF and the Ashland Chamber of Commerce has paid off
handsomely. Through that investment, the City has helped build a powerful economic and
cultural engine that has created a stable base of funding for many City activities. At a time when
other theaters and other cities are facing severe deficits and cutbacks, we are seeing continued
interest in Ashland and the Festival, in large part because of concerted cooperation between the
two. This is clearly a time when the support of the Council is crucial to the ongoing health of
both the Festival and the City-two entities that have been linked for almost seventy years.
Again, thank you very much for your support. Weare grateful to be the recipient of an Economic
and Cultural Development grant this year and look forward to your continued support.
Sin~~
Oregon Shakespeare Festival
Paul E. Nicholson
Executive Director
cc: Kirsten Bakke, Finance Department
~ ---- -~-'---'-'----------,--------'-
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Ashland Chamber of Commerce
200./06 Cit,- G.'aftt
AlUlUal R~po:rl
CITY OIF
ASH LAr\lD
Council Communication
Adoption of the Conservation Density Bonus Ordinance-Second Reading -C'T!
Meeting Date: February 07,2006 Primary Staff Contact: Dick Wandersc;heid, 552-~'
Department: Electric ~ 2061 wandersd@ashland.or.us
Contributing Depart. Planning Secondary Staff Contact: Bill Molnar, 552-2042
Approval: Gino Grimaldi molnarb@ashland.or.us
Estimated Time: 5 minutes
Statement:
This is an amendment to the City Land Use Ordinance that changes how Conservation Density bonuses
are earned. First reading was approved by the Council on December 6, 2005.
Background:
The City's current Land Use Ordinance has a provision which allows a 15% density bonus if conservation
measures are installed in the homes. It utilizes a simple table which lists measures and points associated
with the measures. A total of 15 points must be earned from the table for each home in a dc;:velopment
that received the density bonus increase. Because of changes in current building practices and the lots
size of most new developments, it is quite easy for builders to comply with the necessary 15 points from
the table.
The City's Conservation staff, whose efforts relied heavily on the regional Super Good Cents Program to
advance new residential constJUction, began searching for a new program to replace the Super Good
Cents Program about 3 years ago. We evaluated a number of options and decided to purchase the license
rights to the Earth Advantage Program to achieve this task. It had the advantage of focusing on more than
just energy efficiency, was fuel blind and was flexible enough to allow builders many more options to
meet the program's standards. Presentations were made to both the Ashland City Council and Planning
Commission with the details of the Earth Advantage Program, before purchasing and implementing it.
The staff proposed an amendment to the ordinance that would allow a 15% increase in density of 85% of
all homes in the development that was to Earth Advantage Standards.
This was presented to the Planning Commission on June 28, 2005 at a study session. The Planning
Commission took no action on the item because some Commissioners were concerned about the
complexity of the program compared to the simpler table version of the current system. There was also a
concern expressed about some of the requirements of the program which seemed to some Commissioners
to be outside the scope of resource efficiency.
This issue was again presented to the Planning commission on August 9, 2005 for action. Staffhad
prepared a memo which attempted to address some of the earlier expressed concerns and Conservation
staff spent about 30 minutes answering questions and discussing this issue with the planning commission.
1
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After this discussion, the Planning Commission voted 6-3 to recommend that the City Council amend the
ordinance to allow a 15% Conservation Density Bonus if 85% of the homes are constructed to Earth
Advantage Standards as recommended by both the Planning and Conservation staffs.
This issue was brought to the Mayor and Council in a study session on October 13, 2005. During the
session, 10 points of concern were raised. This is staff's response to these concerns.
The current energy efficient density bonus program achieves no significant benefit to the community.
This fact is precisely why we are proposing a change. The program did achieve significant benefits in the
past but current practices incorporate improved building practices, products and techniques and have
eroded these benefits over time. Now is the time to strengthen these requirements.
The proposed Earth Advantage density bonus program and the Electric Utility's Earth Advantage subsidy
program are not coordinated or provide duplicate rewards. If this ordinance is adopted there would be
duplicate rewards.
Because Earth Advantage is a voluntary program, our current efforts in trying to improve building
practices are not capturing the majority of new homes. The duplicate efforts are aimed at ge1ting the
majority of builders to build Earth Advantage homes and also to create critical mass among home buyers
so they will demand EA homes. Only in the case where the developer is also the builder willI duplicate
rewards accrue to the same party.
Back in the mid 1980's we offered The Super Good Cents Program, a regional new home building
program. It was so successful in Ashland that after a couple of years of operation, virtually l~very new
home was built to the SGC standards. It also was so successful in the State of Oregon that the building
code was eventually improved to SGC standards. A voluntary standard that is marketed and promoted on
various levels, results in improving the quality, durability, and energy efficiency of all homl~S because
building codes generally follow building practice and hence the code was upgraded to recognize this fact.
Developers reap large benefits and home bll)'ers become responsible for conforming to EA measures.
The incentive doesn't go to the party that must execute the EA measures.
In many cases the developer and the builder are one in the same. Therefore they do get incrl~ased density,
but they also incur the increased cost of installing the EA measures. Even if a 'lot buyer' p\llrchases a lot
that is encumbered with an EA requirement, the December 8th memo on cost effectiveness we prepared
clearly demonstrates that it is very cost effective for home buyers to invest in the incremental cost ofthe
energy efficiency features. As energy costs continues to increase, it becomes even more cost effective.
Ifhomes aren't built to EA standards the entire City will be looking at higher wholesale power costs as
low cost Federal base electric power supply is used up and the City must buy more expensive power to
meet load growth. The homes that are being built today will be consuming power for 70-100 years and we
have only one opportunity to build them right as you can never go back and retrofit efficiency measures
as well or as cheaply as when a home is initially constructed. New construction is deemed a "lost
opportunity resource" because of this fact. That is why all 5 regional power plans that have been
developed over the last 20+ years stress the importance of building conservation in new residential
construction.
Staff must evaluate, inspect, negotiate corrections, and keep records for each house that participates to
ensure compliance.
This is a true statement that already occurs for every EA home and is not different than what we have
already done from 1985- 2002 for The Super Good Cents program. Our conservation staff provide these
services to Ashland citizens and builders. The 3rd party certification of installed measures is a part of all
our conservation programs and is a truly valued service that helps ensure that lay citizens get the
efficiency measures they paid for installed correctly.
No one has reliable numbers or estimates of the operating costs and benefits of the density bonus
approach.
2
CITY 4()F
ASHL/\.N D
We have provided numbers that clearly demonstrate that EA homes are cost effective to the region's
electric system, to the City's electric system and also to individual homeowners. If we do away with
Conservation density bonuses, the number of EA homes will no doubt be lower than with this ordinance
revision. We will continue to market the program regardless of what happens with this ordinance. But
every new home that doesn't meet EA standards will continue to have higher operating costs over its
lifetime. Someone will pay those costs and the City's overall resources costs will be higher than if the
home was built to EA standards. It doesn't seem logical to staff to assume that since a 15% increase in the
number of homes on a piece of property occurs, that overall 15% more homes will be built in the City.
It seems the market drives the overall number of homes that are needed to meet demand and if that
demand isn't met on a EA encumbered development that an additional development and homes
somewhere else will be built to meet that demand.
The combined energy savings of the EA houses is less than the additional energy use of the density bonus
house.
The Council directed staff to amend the proposed ordinance to require that all homes in the development
must be built to EA standards to get the 15% bonus. Since EA requires a minimum of 15% (mergy saving
over code, the additional savings will be equal to or greater than the development without the increased
density. If no bonuses are granted and none of the homes are built to EA standards and the same number
of homes are built to code somewhere else that would have been included in the higher dens.ity project,
resource usage would be at least 15% higher because the same number of non EA homes would have to
be built to satisfy the same consumer demand for new homes.
No one has quantified the cost to the community of building more densely than the comprehensive plan
calls for.
This concern seems more like a big picture question that needs to be addressed as a part an overall
evaluation of density, infill and all the density bonuses included in our ordinances. There arle specific
Comp Plan policies that support continued support for the current approach. There is an explicit policy in
the plan that states "The energy efficiency density bonuses in the City's performance standards have been
very successful in encouraging new homes to be built more efficiently than Oregon Building code
requirements. This bonus shall be preserved and maintained in future versions of the code." If and when
the Council decides to discuss this bigger picture issue and unless there is a change to the current plan, it
supports the approach we are proposing.
What are the effects on the buildable lands inventory and the effect on residential growth rates as a result
of the density bonus program?
Here again, this needs to be discussed at the planning commission and council level as a part of the
greater growth, density, infill debate which will take place in the future. Staff assumes the Planning
Department has factored in density increases as a result of bonuses but that is a question more appropriate
for the planning staff.
With respect to effects on residential growth rates it seems that growth is driven more by d(~mand for new
housing than by supply. If 15% more homes aren't built because there are no Conservation Density
bonuses granted, it seems that additional developments will occur to meet that demand if it exists.
The EA program is owned by an independent nonprofit organization. Is it wise or legal to incorporate
policies that the City doesn't control?
The City staff in conjunction with The Conservation Commission did extensive research bl~fore buying
this program. It is owned and operated by some of the most progressive utilities in the region. We
presented and discussed it with the City Council before implementing it. We are allowed to make
changes to the requirements that are more stringent but we can't weaken program requirements. This
3
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program is sold to utilities by a non profit comPanY that wants to work with their implementt:rs to make
the program more successful and because we were one of the fIrSt utilities to offer the progr:am they want
to continue to work with us as the program evolves and we don't see us being in a position where they
would make changes to the program that would weaken its requirements. But in the unlikely event that
this would happen, we could quit paying our licensing fees and opt out of operating the program. When
we researched the cost effectiveness of this program, we discussed this program with NW Power Planning
and the Conservation Council staff who are experts in the field of Conservation program evaluation. They
stressed the value of the EA program in acquiring a new Construction Conservation and applauded us for
offering this program to our citizens. The techniques used in the program are not only one of the most
cost effective resources for the region to acquire, but also a good deal for the people who buy and pay the
costs to live in and operate the homes.
At the October Study session, staff was directed to change the amendment to require 100% of the homes
be built to Earth Advantage Standards in order to earn the bonus. The attached ordinance that includes
this requirement was passed to first reading on December 6, 2005.
The City started the Earth Advantage program in September 2003. Since that time there have been a total
of 273 building permits issued for single family homes in Ashland.
During that time, 108 residences have been built under the City's Conservation Density Bonus program.
This represents about 39.6%. In addition, 20 homes or about 7.3% have been built or are CillTently under
construction under the Earth Advantage Program.
An EA home with electric heating, according to NW Power Planning Council numbers, will save about
3,860 kWh's annually. Based on the City's crurent electric rates this home will save the occupants about
$280 per year. Over 70 years this amounts to savings of $19,600, assuming no increase in energy costs.
Without additional incentives besides the City's crurent rebate offering, the percentage ofEA homes will
probably never exceed 15% for the next few years. This is because builders who make efficiency
decisions don't pay energy bills and are not inclined to increase their first costs by $3,000- $4,000 for a
$1,000 rebate from the City. Therefore, 85% of all new homes will continue to incur much higher
operating costs. If our experience with the current density Bonus program is replicable for EA and we can
improve the EA percentage to 40% and an additional 68 homes are built to EA standards, the new owners
collectively will save about $19,040 annually or $1,332,800 over 70 years at current rates.
In addition, using Bonneville Environmental Foundation numbers for Greenhouse gas emissions, these
savings represent a total annual reduction of 5,404 Ibs per home. This means that certification of 68
additional EA homes will reduce annual C02 emissions by 184 tons. Over their 70 year life this total
equals 12,880 tons of C02.
The City pays an annual licensing fee of $4,200 for use of the trademark and logos, program requirements
and technical assistance for the program. In addition, we have incurred $6,000 in program costs for
rebates for the six homes certified since the program inception.
Related City Policies:
There are a number of City policies in the City's comprehensive plan that is related to this ordinance
amendment.
Chapter XI-Energy, Air and Water Conservation - of Ashland's Comprehensive Plan describe the
community's philosophy and principles with respect to the conservation of critical natural resources.
The goals associated with Chapter XI-Energy, Air and Water Conservation-are outlined as follows:
Goals: The City shall strive, in every appropriate way, to reduce energy consumption within the
community. Water conservation and air quality enhancement should also be promoted.
4
CITY elF
ASH LfllND
Programs should also be promoted. Programs should emphasize greater efficiency in end
use, rather than sacrifices in living standards.
In general, policies that effect change through a combination of economic incentives and public education
shall be considered more appropriate than policies involving strict legal requirements or mandates.
The City shall give due attention to energy and resource conservation and air quality enhanC(~ment in all
planning actions and city activities.
Chapter XI of the Comprehensive plan identifies numerous Council policies relative to resource
conservation and the establishment of programs and incentives to achieve this goal. These appear to
endorse and encourage economic incentives and public education over strict legal mandates. Staffhas
identified one specific policy that recognizes the benefits of the bonus point code provision. The plan
policy not only reflects the past success of such code provision, but also clearly requires that these
incentives "be preserved and maintained in future version" of the land use ordinance.
Policv
ImDlementinl! Ordinance:
XI-5 Land Us Planning an Zoning
A) The energy efficiency density bonuses in
The City's performance standard ordinance
have been very successful in encouraging
new homes to be built more efficiently than
Oregon building code requirements. This
bonus shall be preserved and maintained in
future versions of this code.
18.88 Ashland Municipal Code
Council Options:
Approve the second reading of the ordinance amending Chapter 18.24, 18.28, and 18.88 of the Ashland
Municipal Code.
Staff Recommendation:
Planning and Conservation Staff recommend the Council approve the second reading of the attached
Ordinance.
Potential Motions:
Move to approve Second Reading of the attached Ordinance amending Chapter 18.24, 18.28 and 18.880
the Ashland municipal Code.
Attachments:
Ordinance Amending Chapter 18.24, 18.28, and 18.88 of the Ashland Municipal Code.
5
r~'
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTERS 18.24,18.28, and 18.88 OF: THE
ASHLAND MUNICIPAL CODE - LAND USE ORDINANCE, REGAR[UNG
CONSERVATION DENSITY BONUS POINT CALCULATIONS FOR
RESIDENTIAL DEVELOPMENT.
, THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS:
SECTION 1. Section 18.24.040.B.3 of the Ashland land Use Ordinance shall be
modified as follows:
"3.a. Conservation Housing-100% of the homes or residential units approved for
development, after bonus point calculations, shall meet the minimum requirements for
certification as an Earth Advantage home, as approved by the Ashland Conservation
Division under the City's Earth Advantage program as adopted by resolution.-maximum
15% bonus."
SECTION 2. Section 18.28.040.B.3 of the Ashland land Use Ordinance shall be
modified as follows:
"3.a. Conservation Housing-100% of the homes or residential units approved for
development, after bonus point calculations, shall meet the minimum requirements for
certification as an Earth Advantage home, as approved by the Ashland Conservation
Division under the City's Earth Advantage program as adopted by resolution. -maximum
15% bonus."
SECTION 3. Section 18.88.040.B.3 of the Ashland land Use Ordinance shall be
modified as follows:
"3.a. Conservation Housing--1oo% of the homes or residential units approved for
development, after bonus point calculations, shall meet the minimum requirements for
certification as a Earth Advantage home, as approved by the Ashland Conservation
Division under the City's Earth Advantage program as adopted by resolution.--maximum
15% bonus."
The foregoing ordinance was first READ on the
day of
,2005,
and duly PASSED and ADOPTED this _day of
,2006.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
Reviewed as to form:
day of
,2006.
John Morrison, Mayor
Council Communication
Renewable Resource Discussion
Meeting Date: February 7, 2006 Primary Staff Contact: Dick w_ -CI
Department: Electric It 552-2061 wandersd@ashland.or.us ~
Contributing Depart. N/A Secondary Staff Contact: N/A
Approval: Gino Grimaldi Estimated Time: 45 minutes
Statement:
The City has been purchasing 1 aMW of Environmentally Preferred Power (EPP) from BP A
under a 5-year contract that expires in October 2006. We also have been involved in Solar
Energy Generation and Direct Application activities during this same period. The Council has a
current goal of adding 25 kW of new renewable energy to our supply mix and we have had
informal discussions with some Council members on ways to increase our local renewable
generation activities. The purpose of the study session is to discuss and address theS(~ issues and
to get Council direction on budgeting and contracting issues.
Background:
The City has a rich history of promoting local solar renewable generation and also the City has
greened up our power supply by purchasing 1 aMW of Environmentally Preferred Power (EPP)
as a part of our supply mix. This power represents about 5% of the approximate 20 aMW of
total electric load that the City purchases from the Bonneville Power Administration (BP A). It is
being purchased under a 5-year contract which is set to expire on September 30, 2006. Right
now, we pay a premium of $91,900 per year in power costs due to this purchase. These extra
costs are melded into our overall power costs and passed on to all electricity purchases and not
sold at a premium on a voluntary bases.
The cost of this power is currently priced with a $1 0.501MWh premium. BP A has indicated that
EPP will again be available for purchase should the City desire to continue. While the actual
price of the product won't be available until April 2006, they have estimated the range of the
premium will be between $4.00-$7. 001MWh. Depending on where it actually ends up, we could
continue to purchase the current amount at reduced costs, or purchase more, while holding
expenditure at current or a slightly higher level. BP A has indicated that we could enter into a
yearly agreement for an EPP purchase, or purchase it for longer periods of time. BP A could also
sell the City Green Tags or Renewable Energy Certificates (REC's) in place of an actual EPP
purchase. They feel that these REC's will probably be about $1.001MWh less than an outright
EPP sale. If the City does decide to purchase some amount ofEPP or RECs in the Jluture, it
could again be rate based as a power cost borne by all customers or sold on a voluntary basis.
The City has had rebates for Solar Water Heating and Photovoltaic (PV) systems for a number of
years. In addition, we facilitated the Solar Pioneer Program in 2000 which resulted in 30kW of
.
1
grid connected PV added to our system. Since that time we have installed an additional 36.8 kW
of Solar electric generation as a result of the City's rebate program. Of this total, 29. 8kW were
added in 2005 alone. The Council goal of adding 25kW of renewable generation has been met in
2005 as a result of our Solar Electric Rebate program.
Since 2001, BPA has offered a Conservation and Renewable Rate Credit (C&RD) of.5 mil for
all power purchased from them. This is a credit on the City's wholesale power bills which must
be spent on conservation or renewable activities or it must be paid back to BP A. The annual
credit for Ashland is about $87,000. We have been using the credit to purchase the 1 aMWof
EPP from BPA which costs us $91,900 annually.
It is proposed that this rate credit will be replaced after October 2006 by a new credit, The
Conservation Rate Credit (CRC). Right now BPA believes this credit will survive the: FY06-09
rate case and will be set at the same.5 mil rate it currently is. Along with a new name" many of
the conservation measures have changed and most of the associated savings and the dollar credits
have been reduced considerably from the current c&RD program levels. They are still
proposing a dollar for dollar credit for the purchase of either Green Tags or Renewable Energy
Credits, the outright purchase ofEPP, or an actual renewable resource from someone other than
BPA.
The caveat that BP A is proposing is a regional $6 million annual cap on the credit for
renewables. This means that ifBP A customers claim renewable credits greater than the $6
million dollar cap, everyone's pro rata share will be reduced by the percentage that the cap is
exceeded. This means if Ashland used its entire $87,000 credit for a renewable EPP purchase
and the region requested $12 million in credit for renewables that our allowable credit would be
reduced to half the remainder and would have to be made up by other eligible activities.
To claim the EPP credit for FY07, the City needs to notify PBA of our claim amount by June 15,
2006. On July 30, BPA provides customer's notice of the amount of pro rate reduction if any,
and the City would have until September 30 to revise our credit claim or an renewable resource
purchase. .
The Future
Renewable/EPP
The City has augmented our power supply by buying about 5% of our total load as EPP from
BP A. Since the price on EPP appears to be lower than our current prices we could hold our
purchase at current levels and incur lower costs, increase our purchase to current sp(~nding levels
or increase it, for example to 10% of total load. These costs could either be rate based or sold on
a voluntary basis to Ashland residents and businesses.
We could as an alternative or in combination with an EPP, buy the actual output ofa renewable
resource to serve part of our load. One resource of interest is Dry Creek Landfill Gas in White
City, which Rogue Disposal hopes to develop and have on line by the end of 2007. This
resource is expected to be about 2.4 a MW initially and grow to 4.2a MW when the entire
landfill is built out. The price for the electricity produced by the system is unknown at present
but it will no doubt be higher than a EPP purchase from BP A.
The problems with acquiring this resource are twofold. First, in order to move the resource to
Ashland, it would need to travel over PacificCorp Transmission lines at market transmission
rates. This is appreciably higher than transmission rates the City pays BP A for our current
2
power purchase from BP A. This is because BP A and PacificCorp have entered into a General
Transfer Agreement (GT A) that allows Federal Power to be transmitted to Ashland at lower than
market rates. However, this GT A only allows Federal Power to transit the PacificCorp system.
Dry Creek Power wouldn't be eligible for movement to Ashland under these favorable rates.
The second problem has to do with a much greater issue which is currently being debated by all
regional stakeholders. There is a major policy discussion being debated about how much BP A
power will be available to Northwest Utilities in 2011. The current proposal would be to give
fixed allocations of Federal Power to all Utilities, and then make it each Utility's responsibility
to generate, buy or acquire their additional power needs individually. If this process plays itself
out like most believe it will, there is a risk that any utility that acquires non-Federal power
between now and 2011, could end up getting less of the share of Federal power becau::;e their net
requirements would be lower because of these additional non-Federal resources they acquired
prior to 2011.
A second source of renewable generation that would be of interest to Ashland is the VVhite Creek
Wind Project that is being developed by a group of Public Power Utilities in Eastern
Washington. They hope to have about 100MW of wind capacity installed by the end of2007,
and subsequent phases are scheduled for later implementation depending on the SUCc(~SS of the
initial phase. This project also suffers the same problem as Dry Creek but is even more complex
than Dry Creek because of its distance from Ashland and a potential for the use of transmission
facilities of private utilities other than PacificCorp and therefore even higher transmission costs.
While the outcome of the allocation process is by no means decided, there appears to be some
risk involved in acquiring any kind of non-Federal resource before 2011, if it in any way could
decrement the amount of low cost BP A power available in 2011 under a future allocated system
approach.
Solar Programs
As mentioned earlier, there is now over 66 kW of Solar Electricity connected and net metered on
the City's distribution system. In 2005, over 29.7 kW were added by citizens and businesses of
Ashland. The City's Solar Electric Rebate Program, coupled with State tax credits, increased
energy costs, concerns about foreign oil impacts, energy policy, and climate change all seem to
be helping to increase solar activity in Ashland. With the advent of a Federal tax cf(~dit for solar
in 2006, installations may actually increase over current levels. The City has always kept our
solar electric program rebates at or above the rebate levels offered by the Energy Tmst, who
offers rebates for solar systems in all other areas of Southern Oregon outside of Ashland.
Because of the new Federal credits, the Trust will be reducing their rebate levels ac(;ordingly.
The City plans on following their lead and also reducing our levels from $2.52/ w to $2.25/ w
after January 06 to continue to match the Trust's rebate levels.
Solar Electric Systems still have an extremely long payback and large upfront capital costs but
people seem to be investing in them. We have had an informal discussions with some of the
Councilors about ways that would allow people to invest in a portion of a larger sys,tem that
could be sold on an equity or output basis in smaller increments and therefore allow more people
of modest means to support this effort.
There are a number of ways to accomplish this but all require the City to take a central role in
making this happen. The model which seems to be the easiest and one of the most cost effective,
would be for the City to install a 30-40 kW system in a suitable location. We would try and
3
utilize the pass through State of Oregon Renewable Energy Tax Credit much like we did in the
Solar Pioneer Program in 2000. This could reduce initial costs by 28%. A new provision in the
Energy Policy Act of2005 could also aid in this project.
Section 1303 of the law establishes a new category of Tax Credit bonds for State and Municipal
electric utilities, Native American Tribes and rural electric cooperatives to finance the
construction of renewable energy facilities. The bonds are modified interest-free debt
instruments to finance construction of qualified renewable energy projects. Eligible projects
mirror those allowed as renewable energy tax credit to private entities. The total valm~ of these
Clean Renewable Energy Bonds (CREB's) is capped at $800 million. The Treasure Department
will allocate the issuance but cannot allocate more than $500 million to government bodies. The
program is scheduled to begin on January 1, 2006 and expire on December 31, 2007.
Application for funds are on a first come, first served basis and must be filed by April 26, 2006.
Until the Treasury Department releases rules on exactly how the program would work, many of
the details on how it would operate are still missing. We will be monitoring this issU(~ closely in
the next couple of months to learn all we can about how to tap this additional reSOUfCie, but it
looks like it could be a interest free source of capital to fund a large solar system..
A typical30kW system would probably run somewhere in the neighborhood of $240,000-
$260,000 if we contracted the work out. A 28% reduction could be gained by utilizing the State
pass thru credit. These could be further reduced if the City Electric Department staff were
utilized for the installation instead of contractors. The numbers might look like this fc)r example:
Less Oregon State Tax Credit (28%)
$250,000.00
($ 25.000.00)
($ 63.000.00)
$162,000.00
30 kW system
Less 100,/0 discount for using internal staff
In an output sale model where we would sell the output to customers on a pro rate share, a 1/600
share of the system would cost $270.00. This would entitle the output owner to 1/600 of the
yearly output of the system as an annual credit on their electric bill. A 30kW system should
produce somewhere in the neighborhood of 54,000 kWh per year. This would entitle a 1/600
owner to about 90kWh'slyear credit on their bills.
At a current higher block of residential retail rates including the electrics user's tax of about
$.0724/kWh, the annual credit would be about $6.51/yr equaling a 41.5 year payback for this
initial investment of $270.00. Ifwe paid $0.25/kWh, like SOU and OSF, are reimbursed under
the solar pioneer program, the annual credit increases to $22.50 and the simple payback is
reduced to 12 years.
Another option would be to spread the initial payment of the output share over the life of the
bonds. If the bonds have a 13-year term, a 1/600 share over 13 years becomes an annual
payment of $20.77 and its current retail rates a credit of $6.51 resulting in a payment by the
customer of$14.26/year. Given that nearly 300 customers previously voluntarily added at least
$48.00 to their electric bills to support the initial Solar Pioneer Project in 2000, it sc::ems feasible
that 600 customers might be willing to take part in this program if the City were to develop it
along these lines.
4
There are many issues that need to be resolved to actually work out the details and final costs of
this or a like approach. If there is adequate Council interest in devoting staff time to this concept.
we need to know this and prepare to include it in next year budget and work plan.
Other Related Issues
Governor's Initiatives
1.) The Governor's Advisory Group on Global Warming (2204) adopted the "Oregon
Strategy for Greenhouse Gas Reductions," part of the cooperative efforts by
California, Oregon and Washington.
Goals: By 2020 achieve 10% reduction in greenhouse gases below 1990 levels
By 2050 achieve 75% reduction in greenhouse gases below 1990 levels
Strategies: Focus on energy efficiency, vehicle emissions reduction, reduction of
carbon emissions from electricity generation and supply.
2.) Governor's Carbon Allocation Task Force
Mission: ~xamine the feasibility of and develop a design for a "load-based carbon
cap and trade allowance" standard for Oregon
The Task Force will also consider an Oregon Renewable Portfolio Standard that
would help meet a carbon allowance standard and overall State C02 goals.
3.) Governor's Renewable Energy Action Plan (2005)
Goals: By 2015 achieve 10% of State's total electrical load from Renewable Resources
By 2025 achieve 25% of States total electrical load from Renewable Resources
4.) Governor's Renewable Energy Working Group
Mission: Oversee implementation of short and long term goals from the Action Plan.
Assess the feasibility and make recommendations on an Oregon Renewable Resources
Portfolio Standard (RPS).
Some or all of these efforts could result in additional requirements, mandates, or marketing
opportunities which could have an impact on the City's wholesale power mix and other activities
of the Electric Utility..
Renewable Pioneer Pro2ram
The City of Ashland has had a cooperative marketing agreement with the Bonnevi1lc~
Environmental Foundation (BEF) since 2003. Under this agreement Ashland citizens and
businesses that want to green up their electric consumption can purchase green tags (i.e.
Environmental attributes of Renewable Resources) directly from BEF. Each tag cost $20.00 and
represents 1,000kWh's of electricity. The City receives $1,00 for each green tag purchased by
Ashland zip code residents and businesses to be reinvested in local renewable energy projects. A
total of 1,643 green tags have been purchased since the program started. 904 have been
purchased to date in 2005 alone, so the program's marketing efforts are having a positive effect.
A minimum purchase of2 tags is required and this 2 tag purchase equal 2,800 Ibs of C02 offsets.
Renewable Portfolio Standard
Seventeen states have enacted renewable energy standard that require electric companies to
increase their use of renewable energy sources. The voters of the State of Colorado recently
passed a voter initiative that required a renewable .portfolio standard requiring the State's largest
5
electric companies to increase their use of renewable energy from less than 2% to 10% by 2015.
The amendment also establishes a funding mechanism for solar installations.
Also there is talk of a similar type of initiative being considered in the State of Washington.
Activity similar to this in Oregon could result in some kind of mandates for renewable: resources
in our state also, and we just learned of a draft ballot measure that might be initiated and would
include an RPS standard for larger utilities in Oregon.
Allocation
The Region is currently involved in a discussion about the way BP A will do business after 2011
when our current 10 year power sale contract expires. Right now the idea that seems to have the
best possibility of implementation would be to allocate the output of the Federal Power System
to each utility on a pro rata basis and get BP A out of the resource acquisition business and leave
it up to each utility to acquire the additional power necessary to serve load. Utilities still could
utilize BP A to serve this additional load but it would be done under a higher or Tier 2 power rate.
Most small utilities that are geographically isolated will probably have to rely on BP A for their
entire power supply unless they can develop local resources or form a power pooling agency
with other smaller utilities and gain some economics of scale. Small resources like the Dry
Creek Landfill project in White City could fit in quite well with our resource mix past 2011.
Other local direct application renewable resources like solar electric and solar water heating
would also help with this by reducing load and therefore Tier 2 or other power purchases.
Conservation
Conservation activities have been a central part of the City's Electric Utility operation since
1982. We have spent a considerable amount of both BP A and City utility funds to hdp our
citizens and businesses pursue energy efficiency activities. This is a part of the region wide
efforts to purchase conservation as the resource of choice as mandated under the 1981 NW
Power Act. Conservation has the advantage of being the most cost effective resourcte, helps our
customers have lower power bills, helps keep dollars in the local economy, supports the local
conservation company infrastructure and is the right thing to do for the environment For the last
few years our new home efforts have diminished because the vast majority of new homes have
gas heat an electric air conditioning. This has resulted in load growth of nearly 3% in the summer
and about 1.5% in the winter.
Natural Gas prices are now high enough that electric heat pumps are becoming less costly
choices for space heating and a shift in new construction heating choices is already beginning.
This makes new home efficiently programs like Earth Advantage become even mon~ important
to meet future load growth. The City needs to keep emphasizing energy efficiency in our
activities in conjunction with the other renewable options mentioned in this communication.
Related City Policies:
N/A
Council Options:
Staff would like specific direction from the Council on a number of points discussed in this
communication. Area where input is needed is:
1) Environmentally Preferred Power Purchase
Our current EPP contract expires on September 30,2006. We purchase 1 aMW
or about 5% of our total power needs ofEPP at a cost of about $92,000.00 per year.
6
Do we want to continue purchasing EPP after September 2006?
Do we want to increase the amount we purchase?
Do we want to increase the amount of money we spend on EPP or leave it at the current
level of $91,000 per year?
What term contract for EPP should we enter into? 1,2, or 3 years?
Do we want to continue to rate base these EPP expenses or try and sell it to citizens and
businesses at a premium?
2) Solar Programs
Our current rebate programs seem to be working quite well in getting about 25+
kW of solar electric systems installed per year. But because the costs of these systems
and the payback economics are quite lengthy, they will continue to be installed by only a
few wealthy citizens and businesses. To remedy this situation will require more effort on
the City's part.
Would the Mayor and Council want to devote staff time and dollar resources to develop a
Community Solar Project along the lines outlined in this communication?
While Federal funding for the model could come from a number of sources depending on
system designing, financing and ownership model, the City would still need to budget
between $300,000 and $400,000 in the next year's budget to accomplish this goal.
Does the Council want staff to include this in the 2006-07 preliminary budget?
3) Other Renewable Resource Projects
Both the White Creek Wind Project and the Dry Creek Landfill Project could
supply renewable energy to Ashland. Paying market transmission rates would no doubt
make them more expensive than delivering them to Ashland under the City's General
Transfer Agreement that BPA has with Pacific Power. It doesn't appear that acquiring
any resources before 2011 would make sense if it reduced our allocated Tier 1 power we
would be entitled to. However, if we want to utilize these or any other resources to
augment our Tier 1 purchase from BP A, this would need to be done well bef,ore the
actual power delivery in 2011.
The main question before the Mayor and Council is:
Do you want us to devote staff resources to pursuing renewables that are developed by
entities other than BP A?
Does it make more sense to utilize our resources, to continue and even possibly
strengthen our energy efficiency, and direct application of renewable resouree efforts
within the City and thus reduce the total amount for Tier 2 Power we need to purchase?
After we receive Council direction on these important issues, staff can retum with a more
detailed plan on costs and benefits of various approaches along with a staff
recommendation as to how to proceed on each issue. Because there are a lot of complex
tradeoffs involved with many of the items contained in this communication, we have tried
to provide the information to a point where a meaningful discussion with thl~ Mayor and
Council can occur. However, if you desire more information or wish to diseuss this in
more detail before the meeting, feel free to give me a call.
7
Staff Recommendation:
N/A
Potential Motions:
N/A
Attachments:
Conservation Commission Memo
8
Memo
DATE: 2/07/06
TO: Mayor & City Council
FROM: Conservation Commission
SUBJECT: Renewable Resource and Solar Discussion
BACKGROUND
At the January 25,2006 meeting, the Ashland Conservation Commission reviewed and discussed the
Council Communication on Renewable Resources and Solar Program Options with a goal of making a
recommendation to the Mayor and City Council on how to proceed on these important issues.
After reviewing these options in a spirited discussion which lasted over an hour, the Commission voted
unanimously to recommend the following:
Environmentally Preferred Power- The Commission unanimously recommen&; that the City
continue to purchase Environmentally Preferred Power (EPP) from the Bonneville Power Association
(BP A) for the next 3 years. We propose the City increase their purchase to 2 aMW or 1 C~.Io of our total
wholesale power supply, however, we recommend that the total incremental costs should exceed
$100,000 which is $8,100 or 8.8% more than the City currently spends.
Because EPP costs will be in the $4-$7 mWhr range, this dollar amount will allow a bigger purchase
that the current 1 aMW the City now purchases from BP A. The Commission's rationale for continuing
the purchase is to continue to support development of new renewables in the Northwest .and to reduce
carbon emissions associated with electricity production. The proposed 8.8% increase in spending is
loosely based on the population increase in the City since 2000 when the City entered into their current
contract for EPP with BP A.
Solar Program Option- The Commission supported the model of using CREB interest free
bonds to fund a new community solar system where output could be sold on a voluntary basis to citizens
and voted unanimously that a $500,000 solar system funded by CREB, should be pursuc~d by the City
for this program.
Feel free to call our staffliaison, Dick Wanderscheid, at 552-2061 if you have any questions or need
further information or assistance.
CITY OF
ASHL.AND
Council Communication
First & Second Reading of the Ordinance Vacating an UnopE!ned Alley
Meeting Date: February 7,2006
Department: Public WOrkS/E~9i ring
Contributing Departments: Legal! er
Approval: Gino Grimaldi ~
Primary Staff Contact: James H. Olson, 552-2412
E-mail: olsonj@ashland.or.us
Secondary Staff Contact: Bill Molnar, 552-2042
E-mail: molnarb@ashland.or.us
Estimated Time: 5 minutes
Statement:
A public hearing was held on January 17, 2006 for the proposed vacation of an unopened alley located between Ditch Road
and North Street (vacated). The vacation ordinance was read by title, approved by Council and moved to second reading.
Since a public notice regarding this ordinance was not published in the local newspaper, nor was the ordinance sent to
Council s~wen days prior to the meeting is should now be read in full and approved for the first reading, followed by a
reading by title only for approval of the second reading.
Background:
In response to a petition received from Brian and Diane Smith a vacation process was initiated which culminated with a
public hearing held on January 17, 2006. Hearing no testimony either for or against the vacation the public hearing was
closed and the ordinance was read by title and approved for a second reading to be held on February 7,2006.
All ordinances must be read in full unless a notice is published in the local newspaper with copies of the ordinance provided
to the Council members and made available to the public at least seven days prior to the meeting. Sinco only the public
hearing notice and not the notice regarding the ordinance was published in the paper and copies were not sent to Council
per City Charter requirements, the ordinance should have been read in full.
To adhere precisely to the Ashland Municipal Code and Charter the first reading should be repeated with the ordinance
being read in full, then read again by title only for the second and final reading.
Related City Policies:
AMC Chapter 4.18 sets guidelines for City Planning Commission and staff review of vacations and furthl~r 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.
Article X of the City Charter, reprinted below, also sets forth the requirements for enacting an ordinance:
ARTICLE X - Ordinances
Section 1. Enacting Clause. The enacting clause of all ordinances hereafter enacted shall be: The People of the City of
Ashland do ordain as follows:".
Section 2. Mode of Enactment.
(a) Except as the second and third paragraphs of this Section provide to the contrary, every ordinance of the Council
shall, before being put upon its final passage, be read first fully and distinctly in open Council meeting and then on
a different date by title only, unless a Council member or the public requests that it be read in full for a second time,
and it shall then be read fully and distinctly.
G:\pub-wrks\admin\PB Council\Street Vacations Dedications\CC Alley Vacation Ditch Rd North St 2nd rd 7Feb06.doc
F.'
(b) Provided all conditions set forth in Paragraph (C) have been met, an ordinance may be enacted at a single meeting
of the Council by unanimous vote of all Council members present upon being read first in full and then by title.
(c) The first reading may be by title alone if no Council member present at the meeting, or the public, requests to have
the ordinance read in full, and if a copy of the ordinance is provided for each Council member and three (3) copies
are provided for public inspection in the office of the City Recorder not later than one (1) week before the first
reading of the ordinance and if notice of their availability is given forthwith upon the filing, by wriltten notice posted
at the City Hall and by advertisement in a newspaper of general circulation and published in the City. An ordinance
enacted after being read by title alone may have no legal effect if it differs substantially from its terms as it was thus
filed prior to such reading, unless each section incorporating such a difference is read fully and distinctly in open
Council meeting as finally amended prior to being approved by the Council.
(d) Upon the final vote on an ordinance, the ayes and nays of the members shall be taken and ente!red into the record
of the proceedings.
(e) Upon the enactment of an ordinance, the Recorder shall sign it with the date of its passage and his/her name and
the title of his/her office, except as provided in Article IV, Section 3.
Section 3. When Ordinances Take Effect. An ordinance enacted by the Council shall take effect on the thirtieth (30th) day
after its enactment. When the Council deems it advisable, however, an ordinance may provide a later time for it to take
effect; and, in case of an emergency, it may take effect immediately.
Council Options:
Council may read the ordinance in full for a first reading and again by title only for a second reading at the same Council
meeting.
Or
Council may read the ordinance in full for a first reading on February 7th and complete the second reading on February 21,
2006.
Staff Recommendation:
Staff recommends that the first and second readings of this ordinance be conducted at the February 7th meeting and that the
ordinance be approved.
Potential Motions:
Motion No. 1
Council may move to approve the first reading of the ordinance vacating an unopened alley, with the two approved
conditions and forward to second reading;
And
Council may move to approve the second reading and adopt the ordinance vacating the unopened alley with the approved
two conditions.
Attachments:
Ordinance.
G:\pub-wrks\admin\PB Council\Street Vacations Dedications\CC Alley Vacation Ditch Rd North St 2nd rd 7Feb06.doc
,.,
~.-...---
ORDINANCE NO.
AN ORDINANCE V ACA liNG 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 an the plat of the
Woolen's AdtJifion 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:
~~
. .
/
G:\pub-wrKs\admin\PB Council\Street Vacations Dedications\Alley Vacation Ditch Rd North St Jan1706.doc
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EXHIBIT B
. . .
Commencing at the Southeast.Cornet of Lot 27 of Woolens Addition to the City of
Ashland, Oregon, according to the Official Plat thereof: now of record in Jackson
County, Oregop; 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 northline,
East, 276.71 feet to said southwesterly line of the Ditch Road; thence along said
southwesterly line, North 21005' 0011 West, 21.43 feet to the Point of Beginning.
January 28, 2005
-- "-'--"-'---r--"-'-
CITY OF
ASHLi\ND
Council Communication
Request for Approval of Draft Trail Master Plan DocumE~nt
Meeting Date:
Department:
Contributing Dep~ents:
Approval: Jf~
January 17, 2006
Parks and Recreation
City Council, Planning
Primary Staff Contact:
E-mail:
Secondary Staff Contact:
Estimated Time:
Don RobE~rtson
robertsd@ashland.or.us
TBA
30 minutes
Statement:
The Ashland Parks and Recreation Commission requests adoption of the Trail Master Plan document
by the Ashland City Council.
Background:
Two years ago, as an outgrowth of the open space planning process, a trail master plan process was
initiated. Since then, a citizens' committee-with assistance from Parks and Planning staff, along with
representatives from the Parks Commission and City Council and support from the National Park
Service-has worked on the development of the plan.
As part of the process, the committee held five public meetings to gather input from the community to
test potential corridors. Attendance ranged from 30 to 50 participants for each meeting. Draft maps
were displayed in various settings around town, including the post office, YMCA, Community
Development office, and the Parks office. Drafts of the plan were displayed on the city's Web site for
review. Many comments were received via the public meetings, emails, and letters. An all-day.work
session was held that attracted citizen participants along with the committee members.
On December 19, 2005, the committee chair, Mr. Scott Kurtz, presented the plan to the Parks and
Recreation Commission. The commission voted unanimously to recommend adoption of the proposed
Draft Trail Master Plan.
The draft plan is available on the Web site. This is a visionary plan and is intended to set the long-term
vision for trail development throughout our community for the next 20 years. It will provide guidance
to staff, elected officials, and citizens for the acquisition and development of our city's future trail
network.
Mr. Scott Kurtz will be on hand to make the presentation and introduce the members of the committee.
Related City Policies:
Council goal.
~~.
r_~~
Council Options:
1. Approve plan as presented.
2. Review plan and consider approval at next City Council meeting.
3. Refer plan to Planning Commission.
4. Reject plan.
Staff Recommendation:
Staff recommends approval of the Draft Trail Master Plan.
Potential Motions:
Move to adopt the Draft Trail Master Plan, version 1.0, as presented.
Attachments:
Draft Trail Master Plan document.
rj.'
~
.
900G 'L~ uer - O.~ uo!sJa^
N083C10 'ONV1HSV .:10 ),,118
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ueld Jalsew
SI!eJl
CITY OF
ASHLAND
Council Communication
Quarterly Financial Report:
Meeting Date:
Department:
Contributing Depts:
Approval:
February 7, 2006
Administrative Services #J
N/A
Gino Grimaldi, Administrato
October - December 2005
0";)
Primary Staff Contact: Lee Tuneb,erg,
Finance Director, 552-2003
tuneberl@ashland.or.us
Secondary Staff Contact: N/ A
Estimated Time: 20 minutes
Statement:
This is the quarterly financial report for the City (including Parks & Recreation) providing the
financial position of the City relating to cash & investments, budgetary revenues and
expenditures. Council acceptance of this report is requested.
Background:
The Administrative Services Department submits reports to Council on a quarterly basis to
provide assurance of budget compliance and for informational and comparative purposes
throughout the year. Information can be provided in differing formats and timetables at
Council's request.
Unaudited, detailed balance sheets, revenues and expenditure reports are available for your
review in the Administrative Service Department office should you require any additional
information.
The reports are intended to present information in formats consistent with the department, fund
and business activity presentations included in the adopted FY 2005-06 budget document and the
manner in which it will be shown in the end of year report.
Financial numbers for the second quarter are more telling than those of the first quarter and are
the basis for preliminary estimates of the current budget year and for the creation of the proposed
budget for the following year. At this time departments are reviewing operations and capital
projects to remain within budget, preparing for the construction season and projecting how
changes will impact this and the following budget.
Cash remains higher than the prior year balance. This is primarily due to the larger than
predicted cash carry forward from FY 2004-05 maintained at an elevated level through under
spending on operations and projects.
Revenues are at 54.03% of budget. Personal Services and Materials & Services are below the
50% budget mark, city-wide, with Debt Service at 57.5% adhering to payment schedules.
Capital Outlay is 16.07% of the annual budget representing projects waiting to be started or
1
,.,
CITY OF
ASHLAND
better weather. Contingency is at $1,770,544 - down $60,726 (3.3%) from the original budget of
$1,831,270. Total Ending Fund Balance is $12.7 million above budget but will drop as projects
progress.
Over all the City is doing well on its budget but disconnects between resources and requirements
in several (Streets, Airport, Capital Improvements and Telecommunications) funds will need to
be resolved as part of the coming budget process.
Related City Policies
City of Ashland Financial Management Policies, Budget Document Appendix
Council Options:
Council may accept this report as presented, recommend modifications as discussed or defer
acceptance (takes no action) awaiting further information or clarification.
Staff Recommendation:
Staff recommends acceptance of this report a~ presented.
Potential Motions:
Council moves to accept the quarterly report as presented.
Council moves to accept the report as modified by discussion.
Council takes no action pending further information or clarification.
Attachments:
Attached is the City of Ashland financial report for the six months ended December 31, 2005.
This report includes:
1. Financial Narrative (pages i-iii)
2. Summary of Cash and Investments as of December 31 for the last two years (page 1)
3. Combined Statement of Financial Position City Wide (page 2)
4. Schedule of Revenues by Fund (page 3)
5. Schedule of Budgetary Compliance per Resolution #2005-18 (pages 4-7)
The numbers presented are unaudited and unadjusted.
2
r.,
CITY OF
ASHLAND
Financial Narrative
Summary of Cash and Investments provides an understanding of changes in the City's cash
position across funds and investment types. Please note that the city-wide cash balance has
increased $851,089 dollars between years. The balance increased $6.4 million this quarter,
primarily due to the receipt of property taxes in November.
The Combined Statement of Financial Position is similar to presentations provided in the
annual financial report. It is intended to provide the reader an overall sense of the City's
financial position at the present time. The Ending Fund Balance is $29.4 million, $12.7 million
more than budgeted and $517,700 million more than existed last year at this time.
Revenues and Budgetary Resources at December 31, 2005 total $32,246,194 as compared to
total year-to-date requirements of$28,477,141 which results in a $3.8 million increase to
Unappropriated Ending Fund Balance. This is $10.3 million better than the City's budgeted $6.6
million excess requirements over resources for the year. Additionally, the City carried over $2.4
million more in working capital than was anticipated.
On a city-wide basis, Licenses & Permits, Intergovernmental Revenues, Charges for Services,
System Development Charges, Fines and Forfeitures are below the 50% mark. Moderate
weather affecting utility sales (charges for services) and delayed developer projects (City capital
projects) account for Licenses & Permits, Intergovernmental Revenue and Systems Development
Charges to be less than projected. Fines & Forfeitures are a by-product of enforcement and are
ahead ofthe prior year but less than what was budgeted. This could easily change as
enforcement and collections occur.
Interest on investments is over 76% of budget due to better rates and larger cash balances than
projected.
Total Requirements are below budget showing a 40% level. At the first quarter this category
was 5% below while second quarter posts 10% under budget. Staff expects to finish the year
with total requirements under budget.
Personal Services is 46% indicating less than full employment per the budget but actually 4%
higher than the prior year including payroll adjustments and higher benefit costs. Union contract
settlements and successful recruitment will reduce the savings by end of year.
Materials & Services is 44% of budget and is consistent with the prior year. Capital Outlay is at
only 16% for the reasons mentioned above. Budgetary Requirements - Transfers is nearly
complete for the year at 86% however, Interfund Loans (repayment of prior year loans) require
improved cash balances in the Airport and CDBG funds through sale of property and
reimbursement by grants to be done.
rA'
CITY OF
ASHLAND
Contingency of $1,770,544 remains available for use.
The Schedule of Revenues by Fund provides an overview of all resources year-to-date. In most
cases, collections exceeded budget however, variations due to construction and related financing
and transfers can affect these percentages and consistency between years.
General, Debt, Parks and Recreation and Ashland Youth Activities Levy funds rely on tax
revenues and have percentages that vary greatly in the first and last parts of the year but report
over the 50% mark based upon the timing of the activity and the property tax revenues received
in November. .
Capital outlay and project oriented funds also vary greatly due to project timing and related
funding.
The Schedule of Budgetary Compliance is intended to present expenditures on a budget basis
by fund consistent with the resolution adopting appropriation levels in the budget compliance
section of the document. As of December 31, there were two budget adjustments (a
supplemental and a transfer) presented to Council for $190,380 to appropriate in Capital Outlay
for the delay of the Radio Repeater Project that carried over from FY 2004-05 for a City Council
goal to resolve the radio communication coverage deficiencies. The City has obtained a
Department of Homeland Defense grant that will significantly offset the cost of installation of
the radio repeater sites to achieve this goal.
Budget adiustments approved in January are not reflected in this report.
With each report, staff attempts to include all material transactions possible that have occurred
through the cut off date to provide accurate information. Throughout the year, staff reviews
accounts and transactions on varying schedules to ensure proper coding and activity as it
compares to what is budgeted. This can cause adjustments to the listed accounts before the
year's end and what is included in the comprehensive annual report. .
General Fund - Total expenditures are 47% with $60,726 Contingency used. Grants are above
50% based upon the needs of the recipients. All other appropriation levels are consistent with
activities.
CDBG Fund - Expenditures are 19% of budget with Personal Services at 48%. A $215,000
Interfund Loan repayment to the General Fund awaits the sale of the city-owned Strawberry
Lane property.
Street Fund - All expenditures categories ate below budget, with the exception of Storm Water
SDC's, with a total expended of32%. Variations from the 50% mark are heavily dependant
upon capital project activity.
Airport Fund - Debt Service is at 50% in keeping with loan requirements. Repayment to the
Water Fund ofthe Interfund Loan awaits the receipt of grant monies reimbursing the City for
airport improvements already completed.
11
r.,
CITY OF
ASHLAND
Capital Improvements Fund - Expenditures are at 30% with Transfers at 100%. Capital Outlay
included appropriations for Fire Station #2 construction work that will not be done this year.
Related borrowing will also not be done this year.
Debt Service Fund - Expenditures are consistent with timing of payments and budgeted activity
at 50%.
Water Fund - Total fund expenditures are 23%. All divisions are below the half-year mark of
50% but Debt Serve is 85% in keeping with payments and timing required by bond covenants.
The low percentages are directly related to capital projects yet to begin. Additionally, the
$1,000,000 budgeted to repay the Wastewater Fund is not needed in that the money was not
borrowed in the prior year.
Wastewater Fund - Similar to the Water Fund, the Wastewater Fund overall percentage
expended is low at 37% yet operational costs by division are 32-40% of budget with 53% of debt
service yet to be paid.
Electric Fund - Excluding Transfers and Contingency, expenditures are 51.3% of budget. This
is relatively normal for this time of year but staff will need to closely monitor Supply and
Transmission costs through the end of the year.
Telecommunications Fund - Expenditures are at 48% reflecting open positions and limited
spending to date. Needed repairs and more bandwidth will impact end-of-year projections and
cash balances as will proposed changes to operations. The budgeted transfer of $500,000 was
recorded in December but other budget adjustments were after the first of the year.
Central Services Fund - Expenditures for all divisions are below the 50% mark with an average
of 42%. Some of this is due to open positions, project and maintenance delays.
Insurance Services Fund - Material & Services are 69% of budget, consistent with activity given
the annual premiums paid in the first quarter. Personal Services includes an appropriation for
assisting in paying added PERS costs for the fiscal year. The increase in employer rates was
deferred to July 2007 so this $400,000 will be held until then.
Equipment Fund - Personal Services and Material & Services are below the 50% mark and
Capital Outlay is 28% awaiting equipment purchases in process.
Cemetery Trust Fund - Transfers are consistent with activity but above budget. A budget
adjustment will be necessary to recognize an additional $8,468 due to the General Fund for
added interest earnings in the prior year.
Parks and Recreation Fund - Expenditures are consistent with activity at 44% and no
Contingency used.
III
r.,
CITY OF
ASHLAND
Ashland Youth Activities Levy Fund - Expenditures for Personal Services are slightly above
budget but consistent with activities. Materials & Services will reflect a significant payment to
the school district in January per the agreement on handling tax revenue proceeds.
Parks Capital Improvements Fund - Recorded Capital Outlay is well under budget but consistent
with activity.
Unaudited, detailed balance sheets, revenues and expenditure reports and fund statements are
available for your review in the Administrative Services Department office should you require
any additional information.
IV
r4.'
City of Ashland
Summary of Cash and Investments
December 31, 2005
Increase(Decrease) Balance Balance Change From
Fund Current Quarter December 31, 2005 December 31, 2004 FY 2005
General Fund $ 1,652,662 $ 2,754,578 $ 2,647,198 $ 107,380
Community Block Grant Fund (7,292) 191,792 15,195 176,597
Street Fund 238,945 1,686,571 1,187,928 498,643
Airport Fund (53,384) (24,087) 37,589 (61,676)
Capital Improvements Fund (168,829) 823,204 537,336 285,868
Debt Service Fund 413,617 840,260 535,009 305,251
Water Fund 294,172 6,780,219 7,384,171 (603,952)
Wastewater Fund (411,983) 5,133,693 5,519,037 (385,344)
Electric Fund (180,370) 1,517,511 1,211,740 305,771
Telecommunications Fund 623,862 569,079 551,743 17,336
Central Services Fund 148,597 746,838 684,897 61,941
Insurance Services Fund 61,259 1,299,621 1,417,751 (118,130)
Equipment Fund (28,598) 1,554,997 1,282,203 272,794
Cemetery Trust Fund 8,053 712,004 689,055 22,949
2,590,710 24,586,280 23,700,852 885,428
Ski Ashland Agency Fund (59,768) 21,745 266,086 (244,341)
Parks & Recreation Agency Fund 3,855,900 5,082,946 4,872,944 210,002
3,796,132 5,104,691 5,139,030 (34,339)
Total Cash Distribution $ 6,386,842 $ 29,690,971 $ 28,839,882 $ 851,089
Manner of Investment
Petty Cash $ $ 3,010 $ 3,010 $
General Banking Accounts (209,033) 646,181 350,765 295,416
Local Government Inv. Pool 8,630,919 21,316,780 20,422,130 894,650
City Investments (2,035,043) 7,725,000 8,063,977 (338,977)
Total Cash and Investments $ 6,386,842 $ 29,690,971 $ 28,839,882 $ 851,089
Dollar Distribution
Ski Ashland, Parks
and Recreation
Funds
17%
All Other (General
Government)
24%
Central Services,
Insurance and
Equipment Funds
12%
Business Type Funds
47%
G:\finance\Accounting\Financial Slalements\Financials FY2006\6.Financial Report December 31 FY 2006
112412006
City of Ashland
Combined Statement of Financial Position City Wide
For the six months ended December 31, 2005
Fiscal Year 2006 Percent Fiscal Year 2005
Year-To-Date Fiscal Year 2006 Collected I Year.To-Date
Resource Summary Actuals Adopted Expended Balance Actuals
Revenues
Taxes $ 11,774,133 $ 17,139,045 68.70% $ (5,364,912) $ 10,989,485
Licenses and Permits 457,323 1,682,463 27.18% (1,225,140) 743,947
Intergovernmental Revenues 1,156,937 2,641,584 43.80% (1,484,647) 1,859,409
Charges for Services 16,386,044 33,601,988 48.77% (17,215,944) 16,081,548
System Development Charges 645,712 1,607,000 40.18% (961,288) 790,257
Fines and Forfeitures 64,687 152,440 42.43% (87,753) 61,726
Assessment Payments 287,331 303,000 94.83% (15,669) 51 ,292
Interest on Investments 346,115 451 ,279 76.70% (105,164) 236,891
Miscellaneous Revenues 296,595 565,381 52.46% (268,786) 321,940
Total Revenues 31,414,877 58,144,180 54.03% (26,729,303) 31,136,495
Budgetary Resources:
Other Financing Sources 1,200,000 0.00% (1,200,000) 22,425,000
Interfund Loans 1,415,000 0.00% (1,415,000)
Proceeds From Debt Issuance 3,500,000 0.00% (3,500,000)
Transfers In 831,317 961,729 86.44% (130,412) 149,320
Total Budgetary Resources 831,317 7,076,729 11.75% (6,245,412) 22,574,320
Total Resources 32,246,194 65,220,909 49.44% (32,974,715) 53,710,815
Requirements by Classification
Personal Services 9,943,419 21,660,994 45.90% 11,717,575 9,587,556
Materials and Services 13,105,957 29,674,636 44.17% 16,568,679 12,912,841
Debt Service 2,746,282 4,777,136 57.49% 2,030,854 16,612,032
Total Operating Expenditures 25,795,658 56,112,766 45.97% 30,317,108 39,112,429
Capital Construction
Capital Outlay 1,850,166 11,513,156 16.07% 9,662,990 2,234,985
Interfund Loans 1,415,000 0.00% 1,415,000
Transfers Out 831,317 961,729 86.44 % 130,412 149,320
Contingencies 1,770,544 0.00% 1,770,544
Total Budgetary Requirements 831,317 4,147,273 20.04% 3,315,956 149,320
Total Requirements 28,477,141 71,773,195 39.68% 43,296,054 41,496,734
Excess (Deficiency) of Resources
over Requirements 3,769,053 (6,552,286) -57.52% 10,321,339 12,214,081
Working Capital Carryover 25,655,059 23,303,321 110.09% 2,351,738 16,692,342
Unappropriated Ending Fund
Balance $ 29,424,112 $ 16,751,035 175.66% $ 12,673,077 $ 28,906,423
G:\finance\Acxx)unUng\Financial Stalemenls\Financials FY2006\6.Financial Report December 31 FY 2006
112412006
2
City of Ashland
Schedule of Revenues By Fund
For the six months ended December 31,2005
Fiscal Year 2006 Fiscal Year
Year-To-Date Fiscal Year Percent to 2005 Year-To-
Revenues by Fund Actuals 2006 Adopted Budget Balance Date Actuals
City
General Fund $ 7,066,155 $ 13,149,979 53.7% $ (6,083,824) $ 6,870,341
Community Block Grant Fund 94,000 572,082 16.4% (478,082) 75,605
Street Fund 1,851,839 4,612,721 40.1% (2,760,882) 2,041,913
Airport Fund 54,269 126,995 42.7% (72,726) 690,918
Capital Improvements Fund 340,354 4,135,093 8.2% (3,794,739) 357,015
Debt Service Fund 872,409 983,129 88.7% (110,720) 656,783
Water Fund 2,680,544 5,158,193 52.0% (2,477,649) 4,808,737
Wastewater Fund 2,390,312 5,510,207 43.4% (3,119,895) 6,526,971
Electric Fund 5,915,107 12,875,660 45.9% (6,960,553) 6,431,579
Telecommunications Fund 1,879,419 3,323,320 56.6% (1,443,901) 16,792,199
Central Services Fund 2,811,963 5,854,524 48.0% (3,042,561 ) 2,347,694
Insurance Services Fund 300,274 585,500 51.3% (285,226) 460,755
Equipment Fund 659,860 1,364,406 48.4% (704,546) 748,000
Cemetery Trust Fund 18,797 22,300 84.3% (3,503) 13,094
Total City Components 26,935,302 58,274,109 46.2% (31,338,807) 48,821,604
Parks and Recreation Component
Parks and Recreation Fund 3,304,789 4,421,500 74.7% (1,116,711) 3,050,756
Ashland Youth Activities Levy Fund 1,955,489 2,298,300 85.1% (342,811 ) 1,788,789
Parks Capital Improvement Fund 50,614 227,000 22.3% (176,386) 49,666
Total Parks Components 5,310,892 6,946,800 76.5% (1,635,908) 4,889,211
Total City $ 32,246,194 $ 65,220,909 49.4% $ (32,974,715) $ 53,710,815
G:\!inancelAccountingIFinanciaL StatementslFinancials FY2006\6.Financial Report December 31 FY 2006
1/24/2006
3
City of Ashland
Schedule of Budgetary Compliance Per Resolution #2005-18
For the six months ended December 31, 2005
Fiscal Year
2006 Year-To- Fiscal Year Percent
Date Actuals 2006 Amended Used Balance
General Fund
Administration $ 52,136 $ 107,865 48.33% $ 55,729
Administrative Services - Municipal Court 168,210 363,537 46.27% 195,327
Administrative Services - Social Services Grants 108,010 112,000 96.44% 3,990
Administrative Services - Economic & Cultural Grants 295,465 458,970 64.38% 163,505
Administrative Services - Miscellaneous 13,588 41,000 33.14% 27,412
Administrative Services - Band 29,890 59,680 50.08% 29,790
Police Department 2,263,947 4,735,909 47.80% 2,471,962
Fire and Rescue Department 2,387,009 5,020,558 47.54% 2,633,549
Public Works - Cemetery Division 145,329 309,483 46.96% 164,154
Community Development - Planning Division 527,522 1,190,895 44.30% 663,373
Community Development - Building Division 317,950 737,511 43.11 % 419,561
Transfers 500 0.00% 500
Contingency 289,274 0.00% 289,274
Total General Fund 6,309,056 13,427,182 46.99% 7,118,126
Community Development Block Grant Fund
Personal Services 16,221 33,600 48.28% 17,379
Materials and Services 94,092 325,500 28.91 % 231,408
Other Financing Uses (Interfund Loan) 215,000 0.00% 215,000
Total Community Development Grant Fund 110,313 574,100 19.21 % 248,787
Street Fund
Public Works - Street Operations 997,652 2,568,041 38.85% 1,570,389
Public Works - Storm Water Operations 283,400 790,755 35.84% 507,355
Public Works - Transportation SDC's 729 243,040 0.30% 242,311
Public Works - Storm Water SDC's 124,986 214,206 58.35% 89,220
Public Works - LocallmprovementDistricts 4,592 384,940 1.19% 380,348
Contingency 145,000 0.00% 145,000
Total Street Fund 1,411,359 4,345,982 32.48% 2,934,623
Airport Fund
Materials and Services 47,906 105,934 45.22% 58,028
Debt Service 17,536 35,173 49.86% 17,637
Other Financing Uses (Interfund Loan) 200,000 0.00% 200,000
Contingency 5,000 0.00% 5,000
Total Airport Fund 73,790 346,107 21.32% 272,317
G:\finance\Accounting\FinanciaL Statements\FinanciaJs FY2006\6.Financial Report December 31 FY 2006
1/24/2006
4
Schedule of Budgetary Compliance Per Resolution #2005-18
For the six months ended December 31, 2005
Fiscal Year
2006 Year. T 0- Fiscal Year Percent
Date Actuals 2006 Amended Used Balance
Capital Improvements Fund
Materials and Services 11,099 30,052 36.93% 18,953
Capital Outlay 30,965 853,500 3.63% 822,535
Transfers 321,829 321,829 100.00%
Total Capital Improvements Fund 363,893 1,205,381 30.19% 841 ,488
Debt Service Fund
Debt Service 509,468 1,024,864 49.71% 515,396
Total Debt Service Fund 509,468 1,024,864 49.71% 515,396
Water Fund
Electric - Conservation Division 70,373 162,436 43.32% 92,063
Public Works -Forest Lands Management Division 52,163 387,400 13.46% 335,237
Public Works -Water Supply 179,557 1,524,056 11. 78% 1,344,499
Public Works - Water Treatment 280,953 1,123,035 25.02% 842,082
Public Works - Water Division 1,056,929 2,976,834 35.51% 1,919,905
Public Works - Supply SDC's 35,750 821,500 4.35% 785,750
Public Works -Treatment SDC's 70,529 140,882 50.06% 70,353
Public Works -Distribution SDC's 3,899 747,750 0.52% 743,851
Debt Service 501,966 587,904 85.38% 85,938
Other Financing Uses (Interfund Loan) 1,000,000 0.00% 1,000,000
Contingency 185,000 0.00% 185,000
Total Water Fund 2,252,119 9,656,797 23.32% 7,404,678
WasteWater Fund
Public Works - Wastewater Collection 718,844 2,274,537 31.60% 1,555,693
Public Works - Wastewater Treatment 655,485 1,746,4 73 37.53% 1,090,988
Public Works -Collection SDC's 192,174 481,550 39.91 % 289,376
Public Works -Treatment SDC's 6,250 0.00% 6,250
Debt Service 846,020 1,798,065 47.05% 952,045
Contingency 160,000 0.00% 160,000
Total Wastewater Fund 2,412,523 6,466,875 37.31% 4,054,352
Electric Fund
Electric - Conservation Division 196,761 441,621 44.55% 244,860
Electric - Supply 3,475,026 6,416,741 54.16% 2,941,715
Electric - Distribution 2,265,624 4,743,209 47.77% 2,477,585
Electric - Transmission 550,103 1,048,600 52.46% 498,497
Tra"sfers 500,000 500,000 100.00%
Contingency 386,270 0.00% 386,270
Total Electric Fund 6,987,514 13,536,441 51.62% 6,548,927
G:\finance\Accounting\FinanciaL Statements\Financiais FY2006\6.Financial Report December 31 FY 2006
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5
Schedule of Budgetary Compliance Per Resolution #2005-18
For the six months ended December 31, 2005
Fiscal Year
2006 Year. T 0- Fiscal Year Percent
Date Actuals 2006 Amended Used Balance
Telecommunications Fund
IT - Customer Relations\Promotions 53,981 223,614 24.14% 169,633
IT - Cable Television 779,152 1,656,687 47.03% 877,535
IT - Internet 283,913 746,279 38.04% 462,366
IT - High Speed Access 97,001 215,322 45.05% 118,321
Debt Services 800,489 1,234,248 64.86% 433,759
Contingency 140,000 0.00% 140,000
Total- Telecommunications Fund 2,014,536 4,216,150 47.78% 2,201,614
Central Services Fund
Administration Department 435,888 987,160 44.16% 551,272
Administrative Services Department 854,199 1,984,555 43.04% 1,130,356
IT - Computer Services Division 426,568 931,040 45.82% 504,472
City Recorder 88,917 182,690 48.67% 93,773
Public Works - Administration and Engineering 564,216 1,350,765 41.77% 786,549
Public Works - Facilities and Safety 207,441 533,260 38.90% 325,819
Contingency 150,000 0.00% 150,000
Total Central Services Fund 2,577,229 6,119,470 42.12% 3,542,241
Insurance Services Fund
Personal Services 400,000 0.00% 400,000
Materials and Services 423,657 617,063 68.66% 193,406
Contingency 100,000 0.00% 100,000
Total Insurance Services Fund 423,657 1,117,063 37.93% 693,406
Equipment Fund
Personal Services 103,238 254,200 40.61% 150,962
Materials and Services 205,115 492,683 41.63% 287,568
Capital Outlay 283,752 1,022,000 27.76% 738,248
Contingency 175,000 0.00% 175,000
Total Equipment Fund 592,105 1,943,883 30.46% 1,351,778
G:\finance\Accounting\FinanciaL Statements\Financials FY2006\6.Financial Report December 31 FY 2006
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6
Schedule of Budgetary Compliance Per Resolution #2005-18
For the six months ended December 31, 2005
Fiscal Year
2006 Year.To. Fiscal Year Percent
Date Actuals 2006 Amended Used Balance
Cemetery Trust Fund
Transfers 9,488 14,400 65.89% 4,912
Total Cemetery Trust Fund 9,488 14,400 65.89% 4,912
Parks and Recreation Fund
Parks Division 1,621,498 3,653,600 44.38% 2,032,102
Recreation Division 437,890 862,400 50.78% 424,510
Golf Division 177,208 395,000 44.86% 217,792
Transfers 125,000 0.00% 125,000
Contingency 35,000 0.00% 35,000
Total Parks and Recreation Fund 2,236,870 5,071,000 44.11 % 2,834,130
Youth Activities Levy Fund
Personal Services 48,300 93,000 51.94% 44,700
Materials and Services 18,299 2,293,000 0.80% 2,274,701
Total Youth Activities Levy Fund 66,599 2,386,000 2.79% 2,319,401
Parks Capital Improvement Fund
Capital Outlay 126,622 321,500 39.38% 194,878
Total Parks Capital Improvement Fund 126,622 321,500 39.38% 194,878
Total Appropriations $ 28,477,141 $ 71,773,195 39.68% $ 43,296,054
G:lfinance\AccountingIFinancial StatementslFinancials FY200616.Financial Report December 31 FY 2006
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7
Fiscal Year 2006 Fiscal Year 2005
Year-To-Date Fiscal Year Percent Year.To-Date
Requirements by Fund Actuals 2006 Adopted Expended Balance Actuals
City Funds
General Fund $ 6,309,056 $ 13,427,182 47.0% $ 7,118,126 $ 5,711,377
Community Block Grant Fund 110,313 574,100 19.2% 463,787 309,859
Street Fund 1,411,359 4,345,982 32.5% 2,934,623 1,150,111
Airport Fund 73,790 346,107 21.3% 272,317 898,617
Capital Improvements Fund 363,893 1,205,381 30.2% 841 ,488 150,566
Debt Service Fund 509,468 1,024,864 49.7% 515,396 555,701
Water Fund 2,252,119 9,656,797 23.3% 7,404,678 2,227,782
Wastewater Fund 2,412,523 6,466,875 37.3% 4,054,352 2,094,683
Electric Fund 6,987,514 13,536,441 51.6% 6,548,927 6,366,123
Telecommunications Fund 2,014,536 4,216,150 47.8% 2,201,614 16,157,761
Central Services Fund 2,577,229 6,119,470 42.1% 3,542,241 2,560,413
Insurance Services Fund 423,657 1,117,063 37.9% 693,406 366,640
Equipment Fund 592,105 1,943,883 30.5% 1,351,778 753,445
Cemetery Trust Fund 9,488 14,400 65.9% 4,912 7,320
Total City Components 26,047,050 63,994,695 40.7% 37,947,645 39,310,398
Parks and Recreation Component
Parks and Recreation Fund 2,236,870 5,071,000 44.1% 2,834,130 2,050,052
Youth Activities Levy Fund 66,599 2,386,000 2.8% 2,319,401 68,356
Parks Capital Improvements Fund 126,622 321,500 39.4% 194,878 67,928
Total Parks Components 2,430,091 7,778,500 31.24% 5,348,409 2,186,336
Total Requirements by Fund $ 28,477,141 $ 71,773,195 39.68% $ 43,296,054 $ 41,496,734
City of Ashland
Schedule of Expenditures By Fund
For the six months ended December 31, 2005
G:\finance\Accounting\FinandaL Stalements\Finandals FY2006\6.Financial Report December 31 FY 2006
1/2412006
8
CITY OF
ASHLAND
Council Communication
Meeting Date: February 7,2006
Department: Administrative~e ices
Contributing Departments: NA
Approval: Gino Grimaldi ~
AFN Report - July 1 to December 31,2005
pt.J
Primary Staff Contact: Lee Tuneberg
E-mail: tuneberl@ashland.or.us
Secondary Staff Contact:
E-mail:
Estimated Time:
30 Minutes
Statement:
This AFN Report covers July 1 to December 31, 2005. This is the first financial report presented to
Council for FY 2005-06.
Background:
Previously, AFN financial reports and updates were provided quarterly, however, given all the
meetings and information sharing that has transpired since last summer, a report at the half-year mark
seems appropriate.
This report includes financial and statistical information similar to prior reports but adapted to update
the reader on overall trends. With the city processes to look at AFN operations and what could be
different, the formats and targets of prior quarterly reports no longer seemed appropriate or telling so
staff has tried to adjust them where thought to be beneficial. Staff can provide Council with additional
information or in different formats if so desired.
AFN Financial Narrative:
The cash balance was $569,116 at December 31. The amount has fluctuated from $773,854 on July
1, 2005 to a negative $54,782 in October as monthly obligations were met. The large balance at the
beginning of the year included carry forward from FY 2004-05 and a $200,000 subsidy transfer to
meet a July debt service requirement. The December 31 amount also includes the $500,000 subsidy
transfer budgeted to meet the $432,227 interest payment in January. Cash flows and the June
ending balance will need to be addressed to assure commitments are met.
Cash Flow Comparison
1,200,000
800,000
1,000,000
600,000
400,000
200,000
Jul Aug Sep Oet Nov Dee Jan Feb Mar Apr May Jun
C Cash In . Cash Out
rA'
Budget for AFN at the half year mark reflects operational revenues and expenses as discussed in
various meetings and other reports. A surcharge was implemented and then repealed causing some
impact on revenues (customer disconnects) and expenses (staff time and customer service related
costs) but the approved CATV rate increase will not come into play until February of this year.
Fiscal Year 2006 Percent Fiscal Year 2005
Year-To-Date Fiscal Year 2006 Collected I Year-To-Date
Actuals Adopted Expended Balance Actuals
Telecommunications Fund
Taxes 0.00%
Charges for Services $ 1,351,563 $ 2,796,182 48.34% $ (1.444,619) $ 1,279.450
Interest on Investments 1,203 11,138 10.80% (9,935) 3,863
Miscellaneous 26,653 16,000 166.58% 1 0,65:~ 8,886
Other Financing Sources 500,000 500,000 100.00% 15,500,000
Total Revenues and Other Sources 1,879.419 3,323,320 56.55% (1,443,901 ) 16,792,199
IT - Customer Relations\Promotions 53,981 223,614 24.14% 169,633 42,527
IT - Cable Television 779,152 1,656,687 47.03% 877,535 1,504,514
IT - Internet 283,913 746,279 38.04% 462,366
IT - High Speed Data 97,001 215,322 45.05% 118,321
Debt Services 800.489 1,234,248 64.86% 433,759 14,610,720
Contingency 140,000 0.00% 140,000
Total Expenditures and Other Uses 2,014,536 4,216,150 47.78% 2,201,614 16,157,761
Excess(Deficiency) of Revenues and Other
Sources over Expenditures and Other Uses (135,117) (892,830) 15.13% 757,713 634,438
Fund Balance, July 1, 898,750 963,017 93.33% (64,267) 62,636
Fund Balance, December 31, $ 763,633 $ 70,187 1088.00% $ 693,446 $ 697,074
Revenues - Charges for service are at 48% of budget. Estimates for the year come close to the
budgeted amount when factoring in the CATV rate increase in the last half of the year - as long as
data services remain stable or continue to increase and television customer counts do not drop
significantly due to the rate increase and negative publicity. Interest earnings are below budget in that
cash flows are lower than predicted and the subsidy transfer was not done until late in December.
Miscellaneous income represents fees paid for infrastructure work done, yet also represents added
costs in the field.
Expenses - Operational costs (excluding debt service) are 43% of budget and are 88% of revenues
year to date (excluding the $500,000 transfer). This would indicate budget compliance and that
operating revenues are covering operational costs for the year. However, there are anticipated
infrastructure and capital costs in the last half of the year that will definitely impact that ratio. Also, a
significant portion of the IT Director position is budgeted in AFN causing a "savings" since it has gone
unfilled during the first half of the year.
These comparisons do not include debt service and non-budget expenses like depreciation.
~A'
I
I
Operational Revenues to Expenses
Comparison
300,000
100,000
250,000
200,000
150,000
50,000
Jul
Aug
Sep
Oct
Noy
Dee
Jan
Feb
Mar
Apr
May
Jun
! 0 Revenu~s: . Expenses: i
i
.~._-.~
The above chart does not include debt service.
Debt Service -In July 2005 the city paid $800,489 in interest (slightly less than the scheduled amount
due to a residual amount held by the trustee) and $432,227 in January (not recorded in this report) to
complete the fiscal year budget. Another $432,227 interest payment is due July 15, 2006.
Contingency of $140,000 has not been needed to augment existing appropriations. A supplemental
budget in January added to the Contingency amount in case there are needed changes by year end
but that amount is not included in this report and further changes to the budget will require Council
approval.
Fund balance is $763,633 at December 31 as compared to the projected ending fund balance of
$70,187. These amounts will change as mentioned above and provisions for meeting debt service
requirements in July, 2006, must be addressed. Staff is preparing a report that provides alternatives
available to Council.
Below is a table and graph showing CATV subscriber history and the activity during the first six
months of this year.
City of Ashland
Recap of Cable Customers
Jul Aug Sep Oet Nov Dee Jan Feb Mar Apr May Jun
2001-02 1 ,469 1,572 1,668 1,865 1,964 2,033 2,189 2,301 2,386 2,454 2,498 2,499
2002-03 2,517 2,550 2,597 2,722 2,764 2,817 2,860 2,906 2,956 2,992 2,997 2,961
2003-04 2,967 2,977 3,024 3,081 3,108 3,096 3,082 3,119 3,133 3,131 3,146 3,100
2004-05 3,113 3,099 3,182 3,210 3,202 3,209 3,210 3,193 3,214 3,200 3,207 3,170
2005-06 3,163 3,145 3,183 3,183 3,155 3,150
Customer counts for this fiscal year are about 60 less than the prior year. The seasonal aspects of
connects and disconnects for the last three fiscal years can be seen below. The significant increase in
customer counts during FY 2003-04 reflect new areas still being connected through construction
efforts through December. Seasonal changes then become apparent at the end of each year and the
beginning of the next. In FY 2005-06 the return to school (Fall) growth of customers was short lived
as the information and discussions from the Option Committee meetings, changes in rates and
surcharges worked against us.
r.,
I
I
City of Ashland
Cable Counts by Fiscal Year
3,250
3,150
".."., " '.. ......., '."..... --........ .............
.... '
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3,200
'.
.'
3,100
..........
3,050
3,000
2,950
Jul
Aug
Sep
Oct
Nov
Dee
Jan
Feb
Mar
Apr
May
Jun
I
~
I---- 2003-04 ....... 2004-05 - 2005-061
-___.._------------.J
The chart below was created from information gathered by our Customer Service staff at the point of a
disconnection request. The data indicates that the largest percent of disconnects are related to
customers moving away from Ashland. Some customers disconnecting have referred to the ongoing
discussions on AFN's future and funding alternatives but it is likely that the biggest impact is fewer
new connections are occurring for the same reasons.
Disconnects for internal transfer, upgrades or downgrades are omitted
CATV Reasons for Disconnection - FY 2005-06 - July to Date
300
250
200
150
100
50
245
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Cable modem customer counts continue to increase. AFN's superior product recognized an increase
of 210 (5.7%) since June 30. The growth in cable modem customers for FY 2004-05 was
approximately 7% over the prior year count. Please remember that the majority of these connects are
customers of the City's seven internet service providers.
1,500
1,000
500
Cable Modem Connections
4,500
4,000
3,500
3,000
2,500
2,000
June 30, 2003
June 30, 2004
June 30, 2005
December 31, 2005
AFN is marketing services in the Ashland Independent Newspaper, JPR, Table Rock radio coverage
of SOU and AHS sports (basketball), Tidings, Sneak, Yellow Pages, and the AHS theater. New
testimonials are airing on Channel 20 that reaches non-subscribers via businesses. Upon resolution
of AFN's direction new programs and a "launch" of services can be implemented.
Related City Policies:
Ashland's City Council identified as a goal to improve the performance of AFN. Quarterly reports
were identified as one tool in keeping Council current on operations. The format of subsequent
reports may change under the direction of the Information Technology Director or based upon work of
the AFN Options Committee.
Council Options:
Not applicable.
Staff Recommendation:
Accept this report.
Potential Motions:
Council moves to accept this report.
Attachments:
None
~.,
DOCUMENTS SUBMITTED AT THE
FEBRUARY 7, 2006
CITY COUNCIL MEETING
The Illegality Of Nevada LID
City Attorney Franell admitted, in writing, to the Circuit Court that City Council used the incorrect
percentages in Nevada LID. [In writ of review case, "Respondent" is the corporation known as City of
Ashland; I'm "Petitioner".]
"Respondent admits the City did not follow the exact method of dividing costs set forth in Resolution
1999-09. However, Respondent denies the deviation from the methodology set forth in the
Resolution harmed Petitioner. Rather, Petitioner and all other affected property owners benefitted
from the City's deviation in that the division of costs used by the City resulted in a reduction in the
amount assessed against the benefitted properties as shown in the attached Exhibit 1." (Answer To
Petition For Writ Of Review, page 2, line 6).
Translated into taxpayer terms, City admitted that Council used incorrect cost-sharing percentages,
and shifted costs onto the! shoulders of Ashland taxpayers from Billings development and other
properties. The majority of the benefits went to Billings subdivision, which had 72 of 125 lot
assessments.
What does "a reduction in the amount assessed against the benefitted properties" mean? It means
that the rest of Ashland taxpayers are subsidizing Nevada LID. And most of the benefit goes to--
SURPRISEl--Billings subdivision.
Who is being hanned by "City's deviation"? Taxpayers outside the LID.
Ashland taxpayers don't realize this. Many think Nevada LID is a sidewalk project in Quiet Village
that doesn't affect them. They have no idea that Council decided to subsidize LID costs for 72 lots in
Billings subdivision. And Council did this after knowing that developer Mike Peru improved Public
Works Director Paula Brown's property.
It's important for Council to realize that city attorney admitted "City's deviation" in City's first filing, on
Dee 3, 2004. Since Day 1, City has admitted that Council used incorrect percentages. I identified the
error to the Court, and corporate attorney admitted it--you violated Resolution 1999-09. That means
Nevada LID is an 'illegal UD' and subject to remand on those grounds (and others). In the last
meeting, city attorney already informed you that the Court could void/remand the LID based on your
admission of error.
Not only did city attorney ,admit that Council used the wrong percentages, he submitted the correct
percentage calculation to the Court as an exhibit. He reported the error to be a whopping 24.5%.
Using City's figures admitted to the Court, Billings subsidy benefit was $10,172.16 (72 lots x $141.28
per lot). Ashland taxpayers have already subsidized $17,660.00 (for 125 lots).
Billings subdivision homes are visible as you drive North Main Street, down the hill near the railroad
bridge. Taxpayers have no idea when they drive by those giant homes, selling for $800,000+, that
they are subsidizing the subdivision's LID costs. We're not talking affordable housing. Why is
Council forcing Ashland taxpayers to subsidize LID costs for an exclusive golf course subdivision?
Tr T
Correcting Misinformation To Council
At the last Council meeting, Councilor Silbiger asked city attorney if Council had shifted the
developer's LID costs to Ashland taxpayers. City attorney answered that developer's costs were not
shifted to others in the LID.
Note the spin. He didn't answer the question.
The Circuit Court found that city attorney's answers were "obfuscation", which the dictionary defines
as 'intentional confusion'.
When you unravel the spin of "obfuscation", the simple, truthful answer to Russ's question was YES.
Ashland taxpayers have now subsidized Billings development more than $32,000.
Unraveling The Spin
At the last Council meeting, when asked about the incorrect percentages in Council's Sep 7, 2004
Nevada LID decision, city administrator Grimaldi said there were 2 ways to do it, and staff chose the
other way.
To unravel this spin, read the law. It's in plain English.
Resolution 1999-09
The City of Ashland resolves as follows:
Section 1. City Participation in LIDs.
A. Except as provided in paragraph B, the city shall contribute the following amounts to reduce
assessment in any local improvement district (LID) formed after the date of this resolution to improve
local streets serving a residential neighborhood:
60% of the total costs for sidewalk improvements;
75% of the total costs for storm drain improvements;
20% of the total costs for street surface improvements; and
50% of the total costs for engineering and administrative.
B. Unless the council so directs by further resolution, no contribution will be made by the city under
this section for LIDs formed after the date of this resolution if the LID improvements are required to
be made by an owner or developer as a condition of approval for a subdivision or partition.
Where's 'the other way'? What does city administrator mean when he says there are 2 ways to do
it? The resolution doesn't say there are 2 ways. It defines 1 set of percentages to use.
Resolution 1999-09 says "shall". There's no option here.
tExcept an illegal one.
Adding A 42% Increase?
On top of this admitted illegality, we now get a new estimate thafs 42% higher than the original
estimate. It's so high that Councilor David Chapman said we were 'being held hostage by a concrete
company'. The sole bid came from concrete company L TM, who SURPRISE! is doing lots of concrete
work in Billings subdivision. And if you'll study the estimate, you'll see that they intend to contract out
over half the work to another company.
Instead of solving the $10,,000+ taxpayer subsidy of Billings subdivision, Grimaldi-Franell-Olson
proposed an even worse subsidy.
Last time they proposed an incorrect percentages for Billings' share. This time they propose no
share at all. Billings pays 0%. The ENTIRE INCREASE is being shifted onto the shoulders of
Ashland taxpayers. A sidewalk project in another part of town affects us all. In the wallet.
So how much is the hidden subsidy this time?
Using the percentages submitted to the Court, it amounts to another $37,939, of which $21,853 is a
subsidy to Billings development.
Total subsidy by Ashland taxpayers, OUTSIDE the LID: $55,599. Subsidy amount that Billings
subdivision is receiving: $:32,025.
Remember, this subsidy is~ BEYOND the amount City is required to pay according to Resolution
1999-09. It's an illegal subsidy.
Council's first Nevada LID decision was in error because it violated Res. 1999-09. The 42% increase
violates the same resolution by an even worse amount.
Council needs to stop Nevada LID and fix the cost-sharing percentages to stop the unfair and illegal
taxpayer subsidy of over $55,000, of which over $32,000 is going to Billings subdivision.
Art Bullock, 791 Glendowe~r
rr .-
Dr. Alan Bates
State Senator
Deputy Majority Leader
District 3
Committees:
Chair:
Budget Subcomm. On Natural Resources
Oregon State Senate
Member:
Ways and Means
Budget
Budget Subcomm. On Human Services
lnterim--Rules and Executive Appointments
February 7, 2006
Honorable Mayor Morrison and Members of the Ashland City Council:
I understand that you will be revisiting the Transient Occupancy Tax (TOT) funding allocated to the
Ashland Chamber of Commerce through the budgeting process. While I cannot talk directly about the
allocation of TOT revenues, I do want to take this opportunity to share with the Council and Mayor my
experience of working with the Chamber since elected to the Oregon Legislature in the year 2000.
As you undoubtedly know, the Ashland Chamber of Commerce organizes the legislative hot-line for
community leaders to chat with Representative Buckley and me during legislative sessions. While this
may seem like an insignificant footnote in the Chamber's long list of accomplishments, it's a critical
communication tool that helps guide our decision-making process in relation to the impacts of
legislation on our region's stakeholders.
The Ashland Chamber is also distinctive in their advocacy for important interests in the community
and region. For example, the Chamber testified before the legislature on behalf of SOU and the.
partnership with RCC. Further, Sandra Slattery spoke to the Legislature on the importance of higher
education funding and regional cooperation while underscoring the importance of adequately funding
education for the economic health of the region and state. During their visit, the group also spoke to
the Southern Oregon delegation about the crisis of escalating health-care premiums on small
businesses in the region.
The Chamber's Living & Doing Business guide is known throughout the state and received critical
acclaim from Orego~ Business Magazine for its study of niche clusters. This publication is unique
among cities in Oregon.
In short, it's a pleasure working with the Chamber staff and a source of pride to have such a
progressive and collaborative Chamber within my senate district.
Should you want to talk with me personally, please do not hesitate to call.
With Kind Regards,
$ dfj$
Dr. Alan C. Bates
(541) 482 1427
" I
FEB-7-2006 0"7:42P FPOi"::REP 8XKLEY
541 488 9180
-O~48i::1427
:-
PETER BUCKLEY
State Representative
DlSIJ{jCT 5
Committees:
\' i.:e-Chair:
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frude IV Econnm;c
Devekpmen,
HOUSE OF REPRESENT A TIVES
900 COl,;RT ST NE
SALEM, OREGON 97301
February 7. 2006
Dear Ashland City Council Members:
I'm writing to encourage the continuing cooperation between the City and
the Ashland Chamber of Commerce. From the coverage in the Tidings
concerning 'the funding from the city to thc chamber, I have a CDncem that
what r believe to be ar. extremely effective partnership might somehow
become t3.J'1gled in different approaches to what are two very cltarly shafeu
goals-to have taxpayer funds spent effectively and to make sure everyone
involved is moving in the same direction.
[ know the players involved, and 1 have no doubt of the good intentions of
all concemed. r can say without hesitation that working with Sandra and the
chamber during the legislative session (and even now afterwards) has been a
very positive experience. The chamber members are a diverse group! but
have an impressive ability to place their own personal interests second in
order to make sure that the focus of the work stays constantly on the greater
good. In my experience with the chamber, I believe they "get it." They see
the big picture, they are not into growth for groVllth's sake in any way. and
they have a vision of economic development that ties directly into our city's
desperate m~ed for making Ashland more family-friendly
I look torward to continuing to collaborate with the city and the chamber
both to make progress on building the future we all want to have here.
Office: 900 Court 51 Nrl H-~72. Salem. OR 9730 I - Phone: 503-086.1405 - ~"X: 503-~~I,.ll ~:J - 'e[,.l'elerhuckle,:jh",l~ nr.u.
Dislric!: 71 Dewey St.. A.hland, OR 9i~20 - P,nne: 54' 4~R.9IBO .- ,rfO@pilICrbJckley,org
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February 2007
-Dear Congressman Walden_and Senators Wyden and Smith:
Thank you for your efforts to secure $3.4 million for fwlding for the expansion ofthe Clark R. Havin
Forensic Laboratory in Ashland. The work of the USFW forensic lab benefits not only Ashland and
Oregon, but also an of the United States and many foreign countries. Laboratory director, Ken Goddard
expects to break ground later this spring. We will keep your staff apprised of the timeline and hopefully
you will be able to attend the ground breaking ceremony. I know that Ken and the entire staff would be
honored to have you and to be able to thank you in person.
Thank you also for your efforts to secure $250,000 for our Park and Ride. Happily this project has
expanded beyond the City of Ashland. Jackson County wholeheartedly supports this project and has
donated land for the parking spaces and ODOT, who also enthusiastically supports the project, has
contributed adjacent right-of-way land which will enable Rogue Valley Transit buses to pull in and collect
passengers going to Ashland and to drop passengers who have parked their cars. We will be able to use the
funds to build the parking lot which will include security lighting and fencing and to build the walkway,
stairs and ADA ramp to the pick-up area.
Ashland has a long history of cooperative community problem solving. Businesses, non-profits, schools
and local government work closely together year round to achieve common goals. The Ashland United
Front which includes the Ashland School District, the City of Ashland, Southern Oregon University,
Community Works, Ashland Community Hospital and the Ashland Chamber of Commerce have met to
discuss the federal priorities of our community. We begin by asking ourselves what are the critical issues
facing our community and how can we help.
Collectively we agree that once again workforce housing, watershed management and wildfire mitigation,
and our youth are the most important and critical issues in our community. Without workforce housing we
lose diversity, without proper watershed management we risk catastrophic fire and loss of water quality and
quantity and without physically and mentally healthy youth we risk losing our future.
We submitted these projects as appropriation requests last year. Because we believe so strongly in these
three issues, we are submitting them once again and ask you to consider our requests for federal funds in
order to implement these projects. Thank you in advance for your careful consideration of our needs.
We have added one new request to our list. Weare asking for funds to offset costs of safety improvements
for five railroad crossing in Ashland. On January 26, 2006 a vehicle was struck by a train in Ashland. The
driver survived but remains in critical condition. Safety improvements to the railroad crossings have been a
community goal for a number of years. However the construction costs are staggering and the City has
been unsuccessful in securing funds from either ODOT or FHW A.
During the last session, we had the pleasure of working closely with your staff. Congratulations on having
employees, who are attentive, patient, compassionate, knowledgeable and responsive. They represent you
well both in Oregon alld in Washington DC. Thank you and your staff for your efforts on behalf of -
Ashland and Oregcm.
Sincerely Ashland United Fron~ Partners, .
John Morrison, Mayor
City of Ashland
Arnie Green, Director
Community Works
Elizabeth Zinser, President
Southern Oregon University
Mark Marchetti, CEO
Ashland Community Hospital
Graham Lewis, President
Ashland Chamber of Commerce
Jull DiChiro
Ashland School District
Ashland United Front
February 2006
Railroad Crossing Safety
The Request:
The partners of Ashland United Front requests $2.4 million for safety improvements to five
railroad crossings in Ashland.
Oregon receives approximately $2 million per year in federal funds for railroad crossing
improvements. There are more than 900 rail crossings in Oregon and the majority of these
funds are allocated to densely populated areas of the State. Ashland has been unsuccessful in
receiving FHW A or ODOT funding for this project.
The Project:
There are nine at-grade railroad crossings in the City of Ashland -:- all located along a
railroad corridor owned and operated by Central Oregon and Pacific Railroad (CORP). Each
of these crossings requires some type of upgrade and several need major safety
improvements. The project will focus on five ofthe crossings considered most hazardous to
citizens.
Current estimated costs are $3.7 million in construction including engineering and staff. The
railroad has no financial obligation to fund any of the improvements. Installation of the
crossing gates, signals and concrete crossing surfaces for pedestrian and cyclists are all
contracted by or performed by the railroad with ALL costs born by the City. CORP is not
required to seek competitive bids and their only financial obligation is the maintenance of the
items. The City has no input into the cost of the railroad's work and must pay all of the
railroads costs including construction, oversight, flagging and administration. The average
cost per crossing improvement is $740,000.
Improvements include surface replacement, widening to accommodate pedestrians and
bicyclists, six safety gates, improved signage and visibility. This project has been a
community goal for many years.
The Need:
On January 25, 2006 a vehicle was struck by a train in Ashland. The driver survived but is
still in critical condition.
Railroad tracks bisect our community and cross nine primary streets. The volume of traffic at
those intersections, including automobiles, pedestrians and bicyclists has steadily increased
over the years. These roads lead to housing developments, r~tail stores and recreation areas.
T~o of the crossings are locatedon either side of the Ashland Middle School. One crossing
is adjacent to an emergency services provider, one crossing bisects a four-way intersection
and one crossing is adjacent to university stude!!t housing with numerous young children in
the area. Many of the crossings are impassable for 'wheelchairs, strollers and bicycie's due to
eroded surfaces and narrow widths.
A verage daily traffic counts at each of the crossings have increased significantly and are
expected to increase by 65% in the next 20 years. The maximum train speed is between
20mph and 25mph through town. Ashland is an active and thriving community on bothsides
of the track. It would be irresponsible of the city not to seek all means of funding in order to
enstiresafety for Ashland citizens. . .
Total Budget fotrailroad crossing improvements: $3.7. million
Ashland llnitcd Front
Ashland United Front
February 2006
Workforce Housing
The Request:
The partners of Ashland United Front requests $2.2 million to purchase land within the city's
Urban Growth Boundary in order to build two 28-unit low-income housing developments for
qualified Ashland' workforce.
There are fewer than six and a half acres of developable land available in the city's highest
residential zoning category, which has a base density of 20 units per acre. This available land
area is comprised of numerous small parcels scattered throughout the City within existing
neighborhoods.
The unit to land ratio used by Oregon Housing and Community Services when evaluating the
viability to develop low-income housing is approximately $20,000 per unit. In Ashland, the
average unit to land cost ratio is upwards of $45,000. The average cost ofland per acre
within the city limits for high-density multi-family development exceeds 800,000. These
high land costs significantly undermine the ability of non-profit housing providers to create
affordable housing.
Affordable housing providers in our region have all consistently cited the limited availability
and cost of property in Ashland as the major impediment to developing needed affordable
housing. With the land acquisition funds requested the City can act to acquire available
property and partner with existing organizations to accomplish the goal of addressing the
housing needs of our community.
The Project:
The City of Ashland is an entitlement city and receives approximately $210,000 per year in
Community Development Block Grant Funds (CDBG) from the department of Housing and
Urban Development (HUD). 85% of the competitive CDBG funds are devoted to affordable
housing with the remainder used to address homelessness.
CDBG funds have enabled the City, to partner with the Ashland Community Land Trust
(ACL1) and the Rogue Valley Community Development Corporation (RVCPC) to develop a
total of 15 n~w affordable up.its, eight rentals and seven ownerships over the, past year.
Additionally the City has recently applied CDBG funds to purchase'two parcels to enable the
Rogue Valley Community Development Corporation to create 15 single-family town homes
. .to benefit lqw .aQd moderat,~-ill(;ome J19use40Ids. These units are to .be completed. u~~l!zing
the US Department of Agriculture's Rural Development Self-Heip program during the 2005
program year.
$2 million will enable the city to purchase identified land and t6 develop two, 28-unit, low-
income housing developments to meet the needs and income of Ashland residents. Because
of the scope of the project, partnering agencies can expand beyond the ACLT and RVCDC to
in:clude Housing Authority of Jackson County and ACCESS bic. Further, because of the
scope of the project, it is Ilkely that it would be a 'candidate for the federallow~income
. .. . . .
tax credit program administered through Oregon Housing and Community Services.
^shland l Initcd Front
The Need:
Lackofworkforce housing directly affects the economic health of our community. Hospital
employees, university staff, small business employees, city staff, school teachers and others
cannot afford to live in the town in which they work. The potential ofloosing these
employees to communities outside Ashland is great. In addition, the lack of workforce
housing is a primary concern of businesses looking to re-Iocate to our area.
Fair market rent as defined by Housing and Urban Development is no more than 30% percent
of a person's monthly income. The average rent for a two-bedroom apartment in Ashland is
$610. To afford that rent, an employee must earn $24,400 annually or about $11.71 per hour.
A full-time minimum wage job pays about $13,400 per year. On that income a household
could afford a rent of about $340 per month.
Over 3,000 households in Ashland (42% of all Ashland households) cannot afford to pay the
fair market rent as deterrhiried by HUD. More than 21 % of Ashland's family households
with children are living below federal poverty level.
In stark contract to the rest of Oregon, Ashland's 35-44 age group population (the typical age
group of parents with young children) declined by almost 21 % over the past decade. Ashland
closed one of its five elementary schools last year.
The high cost, and limited supply and variety, of Ashland's for-sale and rental housing stock
is by far the most significant problem facing many of Ashland existing and prospective
residents. The nature and extent of Ashland's housing supply and affordability problems are
evident in the following statistics.
· The cost of housing exceeds the financial means of most households.
· The median home price has grown exponentially in recent years from $176,000 in
1998 to over $430,000 today. To afford the median home in Ashland a family's
gross income would have to exceed $125,000 annually, although the median income
for a family of four is only $52,100 per year.
· The fastest growing employment sectors (sales and services) pay less than $20,000
per year, which is not enough to afford average rental housing costs in Ashland. The
median cost of rental units in Ashland is currently $650. Households earning
$20,000 per year can afford a maximum rent of $500 per month. With the rapid
escalation in for-purchase housing costs, rental prices are also likely to increase
dramatically in the coming years,
· Among Ashland existing lower-income households'(43% of all Ashland households)
the maximum affordable home price is $94,000. There are no homes in this price
range in Ashland.
Few rental units have been developed.smct< 1990 and AsWand has a 9windling supply.ofland.
zoned for additional multifamily housing. It is imperative that the limited supply of multi-
family zoned land be developed efficiently to meet the needs of Ashland's residents, however
market forces favor single-family home construction at the expense ofrental apar1ments.
Total Budget for land acquisition: $2.2 million
Ashlund United Front 2
Ashland United Front
FY 2007 - OREGON FEDERAL APPROPRIATIONS REQUEST
U.S. Senator Gordon H. Smith
Please fill in ALL applicable fields!
N ameof Project: Railroad Crossing Safety Impr-ovements
Location: County(s)-: Jackson I City: Ashland
ReQuestine: Ore:anization: Ashland United Front
Proj~ct Description: The Ashland United Front comprised of the Ashland School District, Ashland Chamber
of Commerce, Community Works, Ashland Community Hospital, Southern Oregon
University and the City of Ashland is requesting $2.4 million for safety improvements
to five railroad crossings in Ashland.
On January 25,2006 a vehicle was struck by a train in Ashland. The driver was
severely injured and is still undergoing corrective surgeries. Railroad tracks bisect our
community and cross nine primary streets. The volume of traffic at those intersections
including automobiles, pedestrians and bicyclists has steadily increased over the years.
These roads lead to housing developments, retail stores and recreation areas. Two of
the crossings are located on either side of Ashland Middle School. One crossing is
adjacent to emergency services, one crossing bisects a four way intersection, one
crossing is adjacent to university student housing with numerous young children in the
area. Many of the crossings are impassable for wheelchairs, strollers and bicycles due
to eroded surfaces and narrow widths.
Average daily traffic counts at each of the crossings have increased significantly and
are expected to double in the next 20 years. The maximum train speed is between
20mph and 30mph through town. The crossing adjacent to the Ashland Middle School
is 30mph.
Oregon receives approximately $2 million per year in federal funds for the railroad
crossing improvements. There are more than 900 rail crossings in Oregon and the
majority of these funds are allocated to more densely populated areas of the State.
Ashland has been unsuccessful in receiving FHW A or ODOT funding for this
project.
How will the funds be spent? Please provide a detailed description of how the funds will be used and indicate
whether funds will go toward construction, planning, or programming.
There are nine at-grade railroad crossings in the city of Ashland - all located along a railroad corridor owned and
operated by Central Oregon and Pacific Railroad (CORP). Each of these crossings requires some type of upgrade
and sever need major safety improvements. The project will focus on five of the crossings most hazardous to
citizens.
All funds will go towards construction. Improvements include surface replacement, widening to accommodate
pedestrians and bicyclists, six safety gates, improved signage and visibility.
Current estimated costs are $3.7 million in construction. The City of Ashland has $1..3 million dedicated to the
project leaving a shortfall of $2.4 inillion.
The railroad has no financial obligation to fund any of the improvements. All improvements are contracted by or
performed by the railroad with ALL costs born by the City. CORP is not required to seek competitive bids.
COPRs only financial obligation is the maintenance of the items. The City has no. input into the cost of the
railroads work. Engineers have estimated an average cost of approximately $740,000 per crossing.
Bill or Report Language Requested (if applicable, please provide language requested and indicate whether you
are seeking bill or report language):N/A
Anticipated Appropriations Bill and Account: Transportation
F,ederal Dollars Requested in.FY07 from the ac.Coun~ list above:
o Is this a multi-year project? . Yes
o Will you be requesting funding in future years? No
r ,
Ash/alld Ullited Frollt
Are you seeking FY07 funds through other federal accounts? If yes, please specify account(s). No
Previous Federal Appropriations (Please indicate which appropriations bill(s) and year(s) received):
No previous federal appropriations for this project.
Have you pursued feder~1 grantfimding? If yes, which Department and program? The City has pursued
funding through FHW A and ODOT over the years and has been unsuccessful.
Non-federal Contribution (Please identify funding amount and who is contributing):
Construction: $825 thousand (City of Ashland SDCs and Street Fees)
Engineering: $150 thousand (City of Ashland engineering)
Staff Costs:$50 thousand City of Ashland dedicated staff)
Total non-federal contribution: $1.3 million
Total Cost of Proiect: $3.7
Amount for this project in President's FY07 Budget Request: None
Authorizing Statute (if authorized):
Local Contact:
0 Name: Ann Seltzer, Management Analyst, City of Ashland
0 Address: 20 East Main Street City Hall
0 City, State, Zip: Ashland, OR 97520
0 Telephone: 541-552-2106
0 Fax: 541-488-5311
0 Email: ann@ashland.or.us
DC Contact (if applicable): NONE
0 Name:
0 Address:
0 City, State, Zip:
0 Telephone:
0 Fax:
0 Email: ,
Other Organizations/Community Leaders who have provided letters in support of this project I
(please provide letters as PDF attachments or via United States Postal Service):
0 Organization: Ashland Chamber of Commerce
0 Contact: Sandra Slattery, Director
0 Telephone: 541-482-3486
0 Organization: Southern Oregon University
0 Contact: Elizabeth Zinser, President
0 Telephone: 541-552-6111
0 Organization: City of Ashland
0 Contact: John Morrison, Mayor
0 Telephone: 541-488-6002
0 Organization: Community Works
0 Contact Arnie Green, Director
0 Telephone' 541-779-2393
o . Organization Ashland'School District .'
0 Contact Juli DiChiro, Superintendent.
0 Telephone 541-482-2811
0 Organization Ashland Community Hospital
0 c;ontact. Mark Marchetti, Director
0 Telephone 541-488-2441
Please emaIl completedformto:.\I.I.R()I)RL\IJ().\S..iI~(;SMllltSJ..\...ILF.(i()\.
Mail supporting materials (if any) to:
Senator Gordon Smith
Attn: Appropriations
121 SW Salmon Street, Suite #1250
Portland, Oregon 97204
2
FY 2007 - OREGON FEDERAL APPROPRIA nONS REQUEST
U.S. Senator Gordon H. Smith
Please fill in ALL applicable fields!
Name ofProiect:
Location: County(s): I City:
ReQuestine Oreanization:
Project Description:
How will the funds be spent? Please provide a detailed description of how the funds will be used and indicate
whether funds will go toward construction, planning, or programming.
Bill or Report Language Requested (if applicable, please provide language requested and indicate whether you
are seeking bill or report language):
Anticipated Appropriations Bill and Account:
Federal Dollars Requested in FY07 from the account list above:
0 Is this a multi-year project?
o Will you be requesting funding in future years?
Are you seeking FY07 funds through other federal accounts? If yes, please specify account(s).
Previous Federal Appropriations (Please indicate which appropriations bill(s) and year(s) received):
Have you pursued federal grant funding? If yes, which Department and program?
Non-federal Contribution (Please identify funding amount and who is contributing):
Total Cost of Proiect:
Amount for this project in President's FY07 Bud~et Request:
Authorizin~ Statute (if authorized):
Local Contact:
0 Name:
0 Address:
0 City, State, Zip:
0 Telephone:
0 Fax:
0 Email:
DC Contact (if applicable):
0 Name:
0 Address:
0 City, State, Zip:
0 Telephone:
0 Fax:
0 Email:
Ot~~r Organizations/Community Leaders who have .proyided .letters in support of this project
(please provide letters as PDF attachments or via United States Postal Service): '
0 Organization:
0 Contact:
0 Telephone:
0 Organization:'
0 Contact:
0 Telephone:
0 Organization:
0 Contact:
0 Telephone:
Please e~il completed .form t(): APPROPRlA TIONS(c/yGSMITH.SEN.t\ TE.GOV
Mail supporting materials (if any) to:
Senator Gordon Smith
Attn: Appropriations
121 SW Salmon Street. Suite #1250
Portland, Oregon 97204
OREGON HOUSE DELEGATION
APPROPRIATIONS REQUEST FORM
FISCAL YEAR 2007
Project Title (e.g. Interstate 5 Trade Corridor):
Railroad Crossing Safety Improvements
Grant recipient name and address (if the project is to be carried out in location that is
different from the grantee address, please provide that city and state):
Ashland United Front
Contact name, phone number, and e-mail:
Ann Seltzer, Management Analyst City of Ashland
20 East Main Street City Hall
Ashland, OR 97520
541-552-2106 (work)
541-488-5311 (fax)
Describe the organization's main activities, and whether it is a public, private non-profit,
or private for-profit entity:
The Ashland United Front is comprised of Ashland School District, Ashland Community
Hospital, City of Ashland, Community Works and the Ashland Chamber of Commerce is an
informal gathering of the primary community oriented organizations in town. We meet to
discuss issues that are a concern and important to the entire community. We begin by asking
ourselves what are the critical issues facing our community and how can we help.
Briefly describe the activity or project for which funding is requested (please keep to 250
words or less, subcommittee online submission will not accept more):
On January 25,2006 a vehicle was struck by a train in Ashland. The driver was seriously injured
and is still undergoing corrective surgeries.
Railroad tracks bisect our community and cross nine primary streets. Traffic at those
intersections has steadily increased over the years. These roads lead to housing developments,
schools, retail stores and recreation areas.
This project will focus on five crossings considered most hazardous to citizens. Two of the
crossings are on either side of Ashland Middle School. One is adjacent to university housing an
area with numerous children, one is adjacent to emergency services and one bisects a four way
intersection. Many of the crossings are impassable for wheelchairs, strollers and bieycles due to
eroded surfaces and narrow widths.
Improvements include surface replacement, widening, six safety gates, improved signage and,
visibility.
Ashland United Front continued
Estimated costs are $3.7 million. The railroad has no obligation to fund any of the
improvements. Installation of the crossing gates, signals and concrete pad for pedestrians and
cyclists crossing are contracted by or performed by the railroad with ALL costs born by the city.
The City has no input into the costs of the railroad's work. The estimated average cost per
crossing improvements is $740,000.
Oregon receives approximately $2 million per year in federal funds for railroad crossing
improvements. There are more than 900 rail crossing in Oregon and the majority of funds are
allocated to densely populated areas of the State. Ashland has been unsuccessful in receiving
FHW A or ODOT funding for this project.
Is this a new project?
This project has been a city council and community goal for many years.
Description of project's legal authorization (e.g. Transportation Bill, Energy Bill, etc.):
* Not all projects are legally authorized and authorization is not a prerequisite for funding
N/A
Federal agency and account from which funds are requested (Please be specific -e.g.
Department of Housing and Urban Development, Economic Development Initiatives
account):
Transportation
What is the national significance of the project, and what specific federal responsibility
does the funding of this project or activity advance?
Railroad crossing safety improvements is a primary focus of the Federal Transit Authority and
the Federal Railroad Administration.
Will funding also be sought by another Congressional Member? If so, who?
Yes. Senator Gordon Smith and Senator Ron Wyden
2
Ashland Unired Frollt contillued
Funding Details
I. Total projeCt cost:
. $3.7 million.
II. FY 2007 federal request:
$2.4 million
III. Amounts of requests and funding in previous years (please specify if funding was
requested from a different account/agency than the current request):
None
IV. Amounts expected to be requested in future years:
.;~ "'i~~~-tf"~' 't~'ltr'('
None
-' .-.--
V. Breakdown/budget of the amount you are requesting for this project in FY 2007.
(e.g. salary $40,000; computer $3,000):
$3.49 million = Construction
$154 thousand = Engineering
$50 thousand = Dedicated Staff
Total Budget = $3.7 million
VI. Description of local, regional and/or state financial support (i.e. funding
commitments to match federal dollars (Please provide specific dollar amount or
percentage)):
$825 thousand = City of Ashland (local in SDCs and Street Fees)
$154 thousand = City of Ashland (local for engineering)
$50 thousand = City of Ashland (local dedicated staff)
Total local match = $1.3 million
VII. Please.list public or private organizations that have supported/endorsed this
. project:
Ashland School District, Ashland Community Hospital, City of Ashland, Community Works,
Ashland Chamber of Commerce, Southern Oregon University
VIII. Is .this project scalable? (i.e. if partial funding is awarded, will the recipient
organization be able to use th.e funds iil FY 20071) YES
3
Ashland United Front
OREGON HOUSE DELEGATION
APPROPRIATIONS REQUEST FORM
FISCAL YEAR 2007
Project Title (e.g. Interstate 5 Trade Corridor):
Land for construction of Workforce Housing, Ashland Oregon
Grant recipient name and address (if the project is to be carried out in location that is
different from the grantee address, please provide that city and state):
Ashland United Front
Contact name, phone number, and e-mail:
Ann Seltzer, Management Analyst
City of Ashland
541-552-2106
ann@ashland.or.us
Describe the organization's main activities, and whether it is a public, private non-profit,
or private for-profit entity: . . : , "
The Ashland United Front is comprised of the Ashland School District, Ashland Community
Hospital, City of Ashland, Community Works and the Ashland Chamber of Commerce.
Briefly describe the activity or project for which funding is requested (please keep to 250
words or less, subcommittee online submission will not accept more):
Land purchase for construction of workforce housing in Ashland
The Ashland United Front intends to purchase land for the development of two 28-unit housing
developments for qualified low- moderate-income Ashland residents.
There are fewer than eight acres of developable land available in the city's highest residential
zoning category, which has a base density of 20 units per acre. The unit to land ratio used by the
. Oregon housing and community services when evaluating the viability to develop low-income
housing is approximately $20,000.per unit. In Ashland the average unit to hind cost ratio is
upwards of$45,000. The average cost ofland per acre within the city limits for high-density
multi-family development exceeds $800,000. The high cost ofland significantly undermines the
ability of nonprofit housing providers to create affordable housing.
Providers in our region have all consistently cited the availability and cost of property in Ashland
as the major impediment to developing needed affordable housing.
.Because of the scope of the project, partnering agencies could include a host oflocal nonprofits:
Habitat for Humanity, Rogue Valley Community Development Commission, A'Shland.
Community Land Trust; ACCESS Inc., and the Housing Authority of Jackson County. Further,
again because of the scope of the project, it is likely that it would be a candidate for the federal
L.
Ash/and United Front
low-income housing tax credit (LIHTC) program administered through Oregon Housing and
Community Services.
Fair market rent as defined by' the Housing and Urban development is no more than 30% of a
person's monthly income. The average rent for a two bedroom apartment in Ashland is $610.
To afford that rent, an employee must earn $24,400 per year or about $11.71 per hour. A
full time minimum wage job pays $13,400 per year. On that income a household could afford
rent of about $340 per month.
Lack of workforce housing directly affects the economic health of our community. Hospital
employees, university staff, small business employees, city staff, school teachers and others
cannot afford to live in the town in which they work. The potential of losing these employees to
other communities is great. In addition, the lack of affordable housing is a primary concern of
businesses looking to re-Iocate to our area.
Is this a new project?
Developing workforce housing in Ashland has been a primary obj ective of the community for a '.
number of years. A full time city employee is dedicated to furthering this objective.
.... t ,!.
Description of project's legal authorization (e.g. Transportation Bill, Energy Bill, etc.):
* Not all projects are legally authorized and authorization is not a prerequisite for funding
N/A
Federal agency and account from which funds are requested (Please be specific -e.g.
Department of Housing and Urban Development, Economic Development Initiatives
account):
", ~~,...
Housing and Urban Development
What is the national significance of the project, and what specific federal responsibility
does the fundiIlg of this project or activity advance?
The President has addressed the importance of increasing home ownership nationwide. This
project is consistent with the goal ofHUD to provide housing benefits to low- and moderate-
income households.
Will funding also be sought by another Congressional Member? If so, ,who? .
; _ii',;) '.
, . ,. , ~ " . ,. ..
The same appropriation request has been submitted to Senator Ron Wyden and Senator Gordon
Smith.
2
Ash/alld United Front
Funding Details
I. Total project cost:
$7.2 million
II. FY 2007 federal request:
$2.2 million
III. Amounts of requests and funding in previous years (please specify if funding was
requested from a different account/agency than the current request):
; ,
The Ashland United Front requested $2 million for this project last year (2006 budget) but
did not receive funding. Land values in Ashland have increased 12% in the last year, thus
the increase to $2.2 million.
IV. Amounts expected to be requested in future years:
N/A
t~~
V. Breakdown/budget of the amount you are requesting for this project in FY 2007.
(e.g. salary $40,000; computer $3,000):
Resources:
Dedicated staff/salary
Dedicated city funds for developing workforce housing
$60,000
$1,300,000
Expenses:
Land acquisition:
Construction:
Total Budget:
$2,200,000
$5,300,000 (Approximately $94,000 per unit x 53 units)
$7,500,000
VI. Description of local, regional and/or state financial support (i.e. funding
commitments to match federal dollars (Please provide specific dollar amount or
percentage)):
City of Ashland (local) funds:
Oregon State Housing Trust Funds:
land is purchased
Nonprofit housing developers/home sales
$1,900,000
TDB these funds cannot be applied for until after
3
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Ashland United Front
VII. Please list public or private organizations that have supported/endorsed this
project:
Ashland School District
Ashland Chamber of Commerce
Ashland Community Hospital
City of Ashland
Community Works
Ashland Community Land Trust
Rogue Valley Community Development
Corporation
Habitat for Humanity
ACCESS Inc.
Jackson County Housing Coalition
Housing Authority of Jackson County
VIII. Is this project scalable? (i.e. if partial funding is awarded, will the recipient
organization be able to use the funds in FY 200n)
YES
4
Senator Ron Wyden
Appropriations Requests FY 2007
Cover Sheet
Please provide information for all of the requested items on this general form as well as the specific
subcommittee form attached. Submit both forms as well as any necessary additional information to
Senator Wyden's office. This information is useful in assuring that Senator Wyden can make the best
case for funding for your request.
Project name: Railroad Crossing Safety Improvements
The Ashland United Front is requesting $2.4 million for safety improvements to five railroad
crossings in Ashland.
Requesting organization:
Ashland United Front
Local organization/project contact information:
contact person: Ann Seltzer
address: 20 East Main Street
phone: 541-552-2106
email: ann@ashland.or.us
DC contact, if any: N/ A
Oregon county or counties where project will be conducted:
Jackson County
How many jobs will be created by this project? What type (e.g., construction, full time, temporary)?
How soon?:
Improvements to railroad crossings are done by the railroad and full costs for the improvements
are born by the local jurisdiction. It is impossible to estimate how many railroad or contracted
employees the railroad will employ to make these improvements.
Has this project received a federal appropriation in the past?: No
If yes, when, in which account, and specifically for how much?
Authorizing law, if any: what does this mean? N/A
What non-federal contributions has this. project received? What is the amount of anticipated non-federal
match in 2006 and future years? Please list dollar amount and contributor (state, local, private, etc.):
J
· $825 thousand = City of Ashland (local SDC funds and Street Feeds)
. $154 thous~nd = City of Ashland (local engineering costs)
· $50 thousand = City of Ashland (local dedicated staft)
What is the estimated total cost of the project (e.g., $7 million over 3 years)?:
Construction: $3.49 million
Engineering: $154 thousand
Dedicated Staff: $50 thc:msand
Total Budget: $3.7 million
-,
L~
Ashland United Front continued.
Please list public supporters of the project.
I. Ashland Community Hospital
2. Mark Marchetti, Director
3. 541-482-2441
1. Southern Oregon University
2. Elizabeth Zinser, President
3.541-552-6111
I. Ashland Chamber of Commerce
2. Sandra Slattery, Director
3.541-482-3486
I. Ashland School District
2. Juli DiChiro, Superintendent
3.541-482-2811
I. Habitat for Humanity
2.
3.
I. Community Works
2. Arnie Green
3.541-779-2393 ext. 227
I. Ashland Community Land Trust
2.
3.
1. City of Ashland
2. John Morrison, Mayor
3.541-552-2106
1. Rogue Valley Community Development Commission
2.
3.
: :'! ~'..' ',;'
1. Housing Authority of Jackson County
2.
3.
1. ACCESS Inc.
2.
3.
Please list any opponents, points of opposition or anything that would hinder the completion of the project
(e.g., lack of permits, local opposition, etc.): None
.~
2
Ashland United Front
Senator Ron Wyden
Appropriations Requests FY 2007
Cover Sheet
Please provide information for all of the requested items on this general form as well as the specific
subcommittee form attached. Submit both forms as well as any necessary additional information to
Senator Wyden's office. This information is useful in assuring that Senator Wyden can make the best
case for funding for your request.
Project name: Land Purchase for construction of workforce Housing, Ashland OR
The request is for funds to purchase land to develop two 28-unit low- moderate-income housing
developments to meet the needs and income of Ashland residents.
Requesting organization:
Ashland United Front
Local organization/project contact information:
contact person: Ann Seltzer
address: 20 East Main Street
phone: 541-552-2106
email: ann@ashland.or.us
DC contact, if any: N/ A
Oregon county or counties where project will be conducted:
Jackson County
How many jobs will be created by this project? What type (e.g., construction, full time, temporary)?
How soon?:
It is anticipated that 56 new family units will create approximately 140 jobs during the period of
construction and an estimated $6.49 million in local income which includes on-site construction
workers, transportation jobs, professional jobs and retail and wholesale, real estate all necessary to
support development.
After completion, approximately two years, it is estimated that the ongoing impact of 56 units will
account for approximately $1.56 million in annual local income due to the ripple effect of the new
. households spending two-thirds of their income for locally available goods and services.
Has this project received a federal appropriation in the past?: No
If yes, when, in which account, and specifically for how much?
Authorizing law, if any: what does this mean? N/ A
What non-federal contributions has this project received? What is the amount of anticipated non-federal
match in 2006 and future years? Please list dollar amount and contributor (state, local, private, etc.):
· City of Ashland (local) funds: $1,300,000 plus one full-time dedicated staff person ($60,000
salary)
. Oregon State Housing Trust Funds: TBD can't apply for these funds until after land is.
purchased
. Non-profit housing developers/home sales
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Ashland United Front
What is the estimated total cost ofthe project (e.g., $7 million over 3 years)?:
Land Purchase: $2,200,000
Construction: $5,250,000 (approximately $94,000 per unit x 56 units)
Total Budget: $7,450,000
Please list public supporters of the project.
1. Ashland Community Hospital
2. Mark Marchetti, Director
3.541-482-2441
1. Southern Oregon University
2. Elizabeth Zinser, President
3.541-552-6111
1. Ashland Chamber of Commerce
2. Sandra Slattery, Director
3.541-482-3486
1. Ashland School District
2. Juli DiChiro, Superintendent
3.541-482-2811
1. Habitat for Humanity
2.
3.
1. Community Works
2. Arnie Green
3.541-779-2393 ext. 227
1. Ashland Community Land Trust
2.
3.
1. City of Ashland
2. John Morrison, Mayor
3.541-552-2106
1. Rogue Valley Community Development Commission
2.
3.
1. Housing Authority of Jackson County
2.
3.
1. ACCESS Inc.
2.
3.
Please list any opponents, points of opposition or anything that would hinder the completion of the project
(e.g., lack of permits, local opposition, etc.): None
2