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AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
April 21,1998
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PLEDGE OF ALLEGIANCE: 7:00 p.m., Civic Center Council Chambers.
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ROLL CALL:
T APPROVAL OF MINUTES: Regular meeting minutes of April 7, 1998.
IV. SPECIAL PRESENTATIONS & AWARDS:
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2.
Present,ation of James Ragland award to Marty Bryant.
PresentB-tion by U.S. Forest Service regarding the Watershed
Protection Project (HAZRED).
Presentation & Video regarding Healthy & Sustainable Communities
Project.
Mayor's Proclamation declaring May 3 - 9, 1998, as "Land Use
Planning Week."
3.
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V.
CONSENT AGENDA:
@ ~~r's appointments to Boards, Commissions and Committees.
2. Minutes of Boards, Commissions and Committees.
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3. Monthly Departmental Reports - March, 1998.
~ Termination of easement on Lot 1 of University Terrace Subdivision.
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VI.
PUBLIC HEARINGS: (Testimony limited to 5 minutes per speaker. All
hearings must conclude by 9:30 p.m. o~ be continued to a subsequent
meeting).
(None)
VII. PUBLIC FORUM: Business from the audience not included on the agenda.
,
(Limited to 5 minutes per speaker and 15 minutes total.)
~NFINISHED BUSINESS:
(None)
IX. NEW AND MISCELLANEOUS BUSINESS:
~ Discussion of Ski Ashland's relationship with Callahan's Restaurant
(Sign on Interstate 5).
2. Request from Ashland School District to Waive SDC's.
X. ORDINANCES. RESOLUTIONS AND CONTRACTS:
1. FJrst reading of "An Ordinance to Correct a Clerical Error in Ashland
Municipal Code Section 18.76.060.B to Correct An Erroneous Cross
Reference from Section 18.76.060.L to Section 18. 76.060.K."
2. First readinlj of "An Ordinance to Amend Ashland Municipal Code
Section 2.28.190 to Change the Reference from District Judge to
Circuit Court Judge to Reflect the Consolidation of the State Circuit
and District Courts."
XI. OTHER BUSINESS FROM COUNCIL MEMBERS:
XII. ADJOURNMENT:
REMINDER
Study Session Wednesday, April 22, 1998,
at 12:30 p.m. in Council Chambers
regarding the Electric Department's cost-of-
service-study. .
City Council Agenda now availabte on the internet.
Internet Address: http://www.ashland.or.U8
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MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
April 7, 1998
PLEDGE OF ALLEGIANCE
Mayor Shaw called the meeting to order at 7:00 p.m., Civic Center Council Chambers.
ROLL CALL
Councilors Hauck, Hagen, Wheeldon and DeBoer were present. Councilors Laws arrived late. Councilor Reid
was absent.
APPROVAL OF MINUTES
It was noted that the name Joan Gaffey on page 5 of the March 17" minutes should be corrected to read John
Gaffey. The minutes of the regular meeting of March 17, 1998 were approved as amended. The minutes of
the continued meeting of March 18, 1998 were approved as presented.
SPECIAL PRESENTATIONS & AWARDS
1. Presentation and update by Bicycle & Pedestrian Commission.
Maria Harris, Associate Planner and staff liaison to the Bicycle Commission, spoke briefly about the various
programs of the Bicycle Commission and presented Bicycle Commissioner Landon Hilliard.
Hilliard discussed Ashland Free Ride Day (also known as Bike Commute Day) to be held on May 15, 1998.
Hilliard stated that this event is designed to encourage citizens to leave their cars at home for a day and use an
alternative mode of transporration. Citizens who don't drive will get free rides on RVTD (possibly all the way
from Medford), their daily commute will be free of pollution, and some local coffee shops will offer free coffee
and pastries. In addition, the promotion includes a "Pledge Not To Drive" campaign. Pledge forms will be
included with April utility bills, and those who pledge will be recognized in the Ashland Daily Tidings.
Hilliard noted that the goals of this promotion are: I) To change people's view of bicycles as toys or fitness
apparatus to that of a legitimate and useful means of transporration; 2) Increase RVTD ridership; 3) Encourage
people to try another way of getting around town for the day. While recognizing the role of cars in modern
life, the Commission hopes that their use will be by conscious choice rather than habit, and that citizens will
realize that there are other options available.
Councilor Hagen noted that he serves as the Council liaison to the Bicycle Commission, and stated that he had
received a number of calls from people who feel that the Commission is not asking people to pledge enough.
He explained that this event is designed to get drivers to consider an alternative method for the first time and
thereby answer some of the unknowns that may keep them from using alternative means of transporration.
Noted the Bicycle Transporration Alliance "ONE LESS CAR" T -Shirrs which are being sold at Ashland
Community Food Store as parr of this promotion.
2. Mayor's proclamation declaring April 19-25, 1998, as "Volunteer Recognition Week".
Mayor Shaw read the proclamation in its entirety.
CONSENT AGENDA
1. Minutes of Boards, Commissions and Committees.
2. Monthly Departmental Reports - March 1998.
Councilors Laws/Wheeldon m/s to accept the consent agenda. Voice vote: All A YES. Motion passed.
City Council Meeting 04-07-98
PUBLIC HEARINGS
None.
PUBLIC FORUM
Eric Schehen/368 Bridge St.!Member of the Ashland Forest Commission commented on the HazRed timber
sale, and presented councilors with copies of an Oregonian arricle from March 29". Stated that HazRed plan
presented was lacking in management alternatives, and noted that by law a wide -range of options should be
presented. The options presented were either no action, a 1600 acre fuel break with new roads or a 1500 acre
fuel break with no new roads. Noted that he has been involved in developing a citizens' alternative to reduce
the HazRed sale. Recognized the thoughtful, careful, all-inclusive process by the Ashland Ranger District and
District Ranger Linda Duffy. Feels that the initial decision deserves praise, and that Duffy is sincere and
willing to work with the public. However, feels that the selected option is misguided management and that
citizen suggestions'had no effect on the final decision. The selected plan merely synthesizes options two and
three, with 1472 acres of fuel breaks and 2.5 miles of new roads. The only concession made was to remove
geologically sensitive areas from the HazRed area. Raised questions about the validity of the final board feet to
be harvested. Thanked citizens for their involvement, and the council for it's consideration of suggestions.
Concluded that the process has not been rushed so far, and rushing ahead to completion at this point would not
benefit anyone as there are still lingering unanswered questions which should be examined.
UNFINISHED BUSINESS
None.
NEW AND MISCELLANEOUS BUSINESS
1. Consideration of air quality alternatives.
Conservation Manager Dick Wanderscheid noted the March 3" presentation to Council by Oregon Deparrment
of Environmental Quality (ODEQ) where recommendations by the Air Quality Plan Advisory Committee
(AQPAC) were made for cities within the Air Quality Management Association (AQMA). Noted the request
had been made to modify the existing trackout ordinance and adopt a uniform woodstove cunailment ordinance
so that these ordinances will be uniform for all cities within the AQMA. Explained that Ashland's current
woodsmoke ordinance deals only with opacity and does not require observance of "red" days. Stated that
transponation issues are riot adequately addressed under the current recommendations. Explained that staff will
draft modified versions of the requested ordinances, and would like to initiate discussion of concerns with the
overall state implementation plan as it addresses transponation and industrial pollution.
Wanderscheid noted that Public Works Director Paula Brown and Gary Stevens, of Jackson County, were both
present and knowledgeable on the transponation issues under discussion. Noted that staff needs direction on
how to address transponation issues, citing the possible alternatives and stating that ordinances shouldn't be held
up while waiting for other issues to be addressed. Would like to draft the ordinances while holding public
hearings, and route strong advice to AQPAC to urge that they address transponation issues.
Discussion of the omission of driveways in the model trackout ordinance, noting that city should maintain
current restrictions where they are more restrictive than the model.
Discussion of financial burdens posed by woodstove cunailment enforcement and whether Jackson County
would provide enforcement. Noted that options would be presented at the time the ordinance is implementation,
and that providing infrastructure for enforcement and exemption will be of more concern than the financial
burden.
Ci[y Council Meeting 04-07-98
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Gary Stevens of Jackson County. Noted that Jackson County currently oversees Medford and Central Point. but
does not issue tickets. Currently, the process is more of information/education based. At the time of a first
offense, violators receive a letter. At the second offense, a site visit is made and information is provided. The
third offense brings a citation by local police or a code enforcement officer. Noted that ACCESS,lnc. has been
utilized in the exemption process to qualify people for low-income and sole source exemptions. Other
exemptions are very limited. ODEQ currently funds enforcement of consolidated areas, and the City of
Medford employs a parr-time person to supplement Jackson County's enforcement effons. Wanderscheid noted
that the Senior Program or Conservation Division could qualify low-income and sole source exemptions, and
that Jackson County may have enforcement officers in Talent and thus available to Ashland.
Concerns over transponation related pollution were again noted. Discussion of the fact that areas of worst
pollution coincide with industrial sites. Stevens responded that new PM2.5 regulations will reduce other
pollution, and noted that many incidents of exceedance near industry could also be related to transponation in
the same areas. Wanderscheid noted that he had talked to Dr. Bob Palzer who is an expen in this field and that
he will likely speak in public hearings on industrial pollution issues. Noted that Palzer feels that two specific
industrial sites need more regulation.
Discussion of how transponation issues had been dealt with in the AQP AC meetings, with Stevens responding
that most transponation issues discussed had been related to trackout.
Discussion of low-income and sole source exemptions being gradually phased out by eventual replacement of
their heat source and then removing the exemptions. Wanderscheid confirmed that CDBG and Conservation
funds would be possibilities to suppon a replacement program for new heating systems.
Di,sc\1ssed the model ordinances' current use within the AQMA, noting that Talent had just adopted the
ordinances. Noted that staff members Robbin Pearce and Adam Hanks are both cenified at this time to verify
woodsmoke opacity. .
Discussion of AQPAC priorities that had been involved in choosing these areas to address. Stevens stated that
the choice to deal with woodsmoke and trackout had been related to timing and ability to implement within the
framework of the State Implementation Plan. Wanderscheid explained that the State Implementation Plan will
go to ODEQ and the Environmental Protection Agency (EPA) and if approved implementation will be
mandated. Noted that adoption of the two model ordinances is the only direct request being made of the City of
Ashland.
Councilor Laws requested available information on the modeling process used in identifying pollution sources
and their contribution to the overall problem. It was noted that the sole reduction option left to reduce
automobile pollution is to reduce automobile use. Stevens noted that the plan calls for continuing the current
I&M program, though making it stricter and applying it to diesel vehicles is under discussion. Confirmed that
Jackson County would like Ashland to move forward with the two model ordinances at this time.
Staff was directed to move ahead with drafting ordinances from the models during the next month, and to begin
hearings in May to look at concerns over inadequately addressed transponation and industrial pollution issues in
the State Implementation Plan.
2. Report on potential changes to the Airport Master Plan.
Scoles gave a brief history of the situation concerning the potential sale of 5-acres of a 22-acre parcel purchased
as airpon land in 1989, and noted that the Airpon Commission had differing opinions on previous direction by
Council. Explained that staff was seeking to confirm direction Council wished to take, and noted that issues
were involved that dealt with the Ashland Comprehensive Plan, Airpon Master Plan and the Federal Aviation
Administration (FAA).
City Council Meeting 04--D7.98
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Discussion of the fact that ninety percent of the purchase price for the original 22-acre parcel had been paid by
the FAA. Their procedures require that the propeny be appraised and that the funds from a sale be set aside
for FAA-approved projects in the airpon area or returned to the FAA. Sewer improvements would not be
approved, nor would additional hangars, fuel tanks or the economic development of site. Question raised as to
the fiscal impact.
Mayor Shaw provided funher background on the situation. noting that the propeny in question had been
purchased in 1989 using funds made available by the FAA. FAA will require two appraisals for the parcel to
be sold, and any money from the sale must be returned to the FAA or re-invested into the airpon. A business
wants to purchase the parcel and locate there now. Noted that the City has applied for Southern Oregon
Regional Economic Development Institute (SOREDI) grants to improve the sewer system in the past, to no
avail. The presence of an interested business on the land could mean grant eligibility with SOREDI, especially
if the business owner were willing to pay a ponion of the associated costs. Current development in the area is
at a standstill due to' a faulty septic system and an inadequate water system. This sale opens the possibility of
economic development for the area, with little or no financial impact to the City or the taxpayers. It was also
noted that due to topography, the parcel under discussion is not parricularly conducive to airpon development.
Discussion of exact cost of the sewer system, which would be $212,000. It was noted that potential
development brings the possibility of a grant and related benefits. A SOREDI grant for this project would be
$190,000. Public Works Director Brown stated that staff would like to move forward incrementally, having
appraisals done, and checking with the FAA and SOREDI to get exact information. This would leave open the
option of changing direction as information becomes available.
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Discussion of the Airpon Commissioners' desires that the propeny not be developed, noting that some felt the
City might install sewer at a later date. Councilor DeBoer, liaison to the Airpon Commission, stated that he
believes Commissioners support developmen~Lul du Hul ~up~Olt tM a.allll1J 'v~~u.s .!.fh,.ul [UI &u)tllih.s a.3 tin.
:rirpart i3 a self Jtll'P8ftiRg eRte~ris8. Also questioned FAA willingness to agree to desired partition around the
access road. Stated that the biggest concern of Commissioners was selling airpon land rather than leasing it,
when many airpons around the country are struggling to buy buffer zones.
It was noted that grants will not proceed without projects or development, and projects can not be formulated
without available funds. Discussed history of interest by developerslbusinesses in the propeny, and the
possibilities for future development. Money from sale would be applicable to projects which fit under the
Airpon Master Plan. It was noted that the FAA should be encouraged not to limit the parritioning of the
propeny due to the road's location. as topography and logistics must also be considered.
Bill Skillman/635 Oak Knoll Dr.!As an Airpon Commissioner, pilot and concerned citizen, he is against the
sale of any airpon land as a sale would mean that control of the land is lost. Explained that the project initially
proposed was two acres and has since increased by 150%. Noted that airpons nationwide are being required to
downsize or close entirely. Stated that a business locating on the propeny provides a seemingly desirable
solution to the shon term needs of the airpon by providing financing for a sewer system. However, future
owners of the propeny to be sold could be "anti-airpon-. Also concerned with the FAA's reaction to selling
grant money land when considering future grants. Stated that it is not a wise idea to sell airpon land, despite
the potential shan term reward. One sale would set a precedent for future sales of airpon land. Mayor Shaw
questioned whether reducing the sale to two acres from five would make a difference. Skillman responded that
he would be opposed to any sale. Discussed growth, noting that topography would not allow larger or louder
planes to land, but that hangar spaces and aviation related businesses on leased city lands will be of great value
as the valley grows. Noted the airpon's current contribution to city general fund. Feels a long-term lease to a
business would attract funding for a sewer. Noted Airpon Master Plan requires land be used for aviation
related business. Concluded that he is not opposed to development but the sale and consequent loss of control.
City Council Meeting 04-07-98
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Discussion of the role of SDC funds in constructing an airpon sewer system. Scoles and Brown clarified that
they will bring back information on funding in an incremental approach as pan of presenting a plan to council.
Also noted the need to address power and water systems as well. SDCs would fund growth ponions of the
project, with other funds for the existing airpon ponion.
It was noted that not approving the sale not only threatened airpon development, but also posed the risk of
losing a major employer in Ashland. The sale would provide benefits to both the Airpon and the Community.
Staff was directed to proceed incrementally, bringing back a financing plan and other details to both the Airpon
Commission and City Council.
ORDINANCES. RESOLUTIONS AND CONTRACTS:
I. Reading by title only of "A Resolution Supporting the Organizing Efforts of the Paul Robeson
Centennial Celebration and Encouraging Educational and Cultural Activities Furthering the
Recognition of the Paul Robeson Centennial in 1998."
At Councilor Hagen's request, the resolution was read in it's entirety.
Councilor Hauck/Hagen m/s to adopt Resolution #98-05. Discussion: Councilor Laws noted his policy of
not supporting any resolution not directly related to city business, despite his respect for Mr. Robeson's
beliefs and achievements. Roll call vote: Hagen, Wheeldon, DeBoer, and Hagen, YES. Laws, NO.
Motion passed 4-1.
2. First reading of "An Ordinance Replacing Chapter 2.22 of the Ashland Municipal Code to
Change the Name of the Bicycle Commission to the Bicycle and Pedestrian Commission and to
Amend its Powers and Duties."
Councilor Wheeldon/Hagen m/s to move this ordinance to a second reading. Discussion: Noted that a full
reading was required. Councilors Laws requested that Council delay taking action as this change has not
been discussed with the Traffic Safety Commission. Noted that with recent changes in the make-up of
that Commission, they may be willing to allow changes. Emphasized the need to encourage mass transit,
and suggested an ongoing Transportation Commission to address mass transportation, bicycle, pedestrian,
traffic safety, parking, etc. and look at the entire transportation picture.
Discussion of previous difficulties with a broad transportation-related commission when the
Transportation Plan Advisory Committee was active, and of whether members of such a broadly focused
commission could retain their individual passion while having to focus on the larger framework. It was
suggested that drawing together a larger advisory commission made up of members representing the
various transportation-related commissions under discussion might be a possibility.
Community Development Director McLaughlin noted that council had addressed both sides of issue, and
explained that applying pedestrian issues to the Bicycle Commission was an attempt to address an
otherwise ignored area, the advocacy of pedestrian issues in the planning process.
Discussed the possibility of combined meetings of the Bicycle and Traffic Safety Commissions. Noted
previous discussions of consolidating commissions. Suggested putting off a decision on the proposed
ordinance until tbe next meeting, liaison Councilor Laws talking to Traffic Safety Commissioners, and
looking at combining transportation related commissions into one.
Issue will be brought back to the Council Study Session to be held in May, and Traffic Safety and Bicycle
Commissioners will be invited to attend. Action to be taken at first meeting in June. Motion withdrawn.
Cil)' Council Meeting 04-07-98
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3. Reading by title only of "A Resolution Authorizing Signatures, Including Facsimile Signatures,
For Banking Services on Behalf of the City of Ashland."
Councilor Hauck/Laws m/s to adopt Resolution #98-04. DISCUSSION: Explained that the bank requires
this resolution to cbange authorized signatures for the Mayor's recent name change. Roll call vote:
Wheeldon, DeBoer, Hagen, Hauck, and Laws, YES. Motion passed.
OTHER BUSINESS FROM COUNCIL MEMBERS
Noted that Ashland Parks & Recreation Commissioner JoAnne Eggers wished to clarify the decision made at the
joint meeting of the City Council and the Parks & Recreation Commission on March 17'h concerning the ponion
of Ashland Creek which runs along GuanajualO Way.
Councilors Hauck/Laws m/s to place this issue on the agenda to clarify responsibility for this portion of
Ashland Creek. All AYES, motion passed.
Eggers asked for clarification of the decision reached at the joint meeting on March 17". Discussion confirmed
that the decision had been to proceed with conceptual designs and initiate public process concerning the Creek in
that area. Financial alternatives would be brought back to a later meeting, and a discussion of financing could
occur based on the preferred alternative that develops out of the public process.
Councilor Hagen noted that the discussion of water source options in the new issue of the Ashland City Source
had omitted his suggestion that another Water Treatment Plant be constructed at the Waste Water Treatment
Plant. Stated that information is needed on this option, and it should be considered. Public Works Director
Brown stated that the Request for Proposals (RFP) was still in draft form. and that this would be added to the
RFP.
Councilor Hagen noted stipends received from the Oregon Depanment of Transponation (ODOT) for state
roadways through Ashland, explaining that these funds provide less than $600,000 per year through the year
2001. Discussion of panicipation in valley-wide planning and Ashland's stand on automobile usage as having a
bearing on ODOT funding. Councilor Hagen noted that cities that maintain a compact urban form receive less
money from 'ODOT, and that this had been confirmed in his conversations with ODOT. Funds go to cities that
are "driven to traffic problems". Recommended looking at this issue. and that letters be sent to the Governor.
Councilor DeBoer noted that he would be meeting with ODOT, and can convey specific recommendations.
Discussion of looking at Siskiyou Boulevard redesign with ODOT, and Councilor DeBoer confirmed that it was
under discussion. Councilor Hagen noted that a Siskiyou Boulevard upgrade is one of the 1998-99 council
goals.
Mayor Shaw noted that the next meeting will be Mike Freeman's first as City Administrator. The Mayor
recognized Interim City Administrator Greg Scoles for the fine job he has done, and thanked Scoles for seeing
the City through this transition period. Councilor Laws noted that Scoles' qualifications and background nicely
complement those of Freeman and the two together will provide an excellent leadership combination for the City
of Ashland.
ADJOURNMENT
The meeting was adjourned at 9:07 p.m.
Barbara Christensen, City Recorder
Catherine M. Shaw, Mayor
City Council Meeting 04-07-98
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Be An Architect for the Future
\
~ou are [Invited to J2lttend the
<.HeaLthy and Sustainable Communities (j)roject
<.HeLp a=urt~r "~Ile, ~~iOna~.:Vision"~Lan .
and .(j)artiCipitbi;in the (j)uhL(c~~UiL(Jgue:,
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"How Can We Enhance the .StnaltTowli ',: ,,'
CharacterojA'~hla~d?">~'~':' ~ <:":," '" ~ ',,:':"
Co-Sponsored by the Rogue V alley Civic League
and the City of Ashland.
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ROGUE VALLEY
CMC LEAGUE
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WHY DESIGN A ' . '
:BLUEPRINT FORiHE :FUTURE2
'The Regional Visio'n',Plan "
,'it's Our Home .' " ,.
, Southern Oregon is-the:plate We call hom;:- A w~ll designed home,
requires visi~l'o lengtliyconversation about the values and diverse
needs of allit~resideht.<, and plans.. An effettive:'blueprint for, our
region will ,benefit everyone;', helping us work together to', buil~
, ' vibhnt communities, for gener~tions to come. .. "
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, , Gr:owt1t.
Southern '.Oregon is
'growing ,raRidly. Front'
, 1990 to 1995. the pop.
'" ulaiio~ of j~ckson and,
josephinecounties giew ,
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f~om' 2!5,000, to
241,000. an increaSe' of
, 26,000 residents, Over-
'96;000 ne~ residents ,
are expected to'locate ':
, in the two,county regi9n
_ over the-next twenty
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.. " ' " years. The greatest
","_' . _ 'surge is anticipated ,in'
,tiitinco'rporate<!, \!reas, with'some 59,000 ~f,ihe:newcomers Ukcly to
~ettltin' rural Soutlie~n Qregon. '(Portland State University Trend "
Analysis:1996) " " , ',' ",'
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400000
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320000
280000
240000
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Important Choices '"'
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, 'The nee~'for pl:inni,ng ha.~never been"gie~ter. :To maintain the quali,
ties,~at make ~o~thern Oregon a special plac~ to live, we~eed to "
firSt identify and prioritize th~se qualities. By taking time fr~m our,
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present.day concerns to reflect ,on s~ared values and res,ources; we,
can design a'plan that prese",e; the most' cherished el~ments of our .
home for futu!~ ge'nerations. The Healthy a~d Sustainable
, '.Commuriities P!oje~t is a focused, citizen-based 'effort to 'create'and '
a~tivelyworktowards a desired future vision.nia~ng'tIie most ohhe'
, ", :', ' opportunlli,espres~rited by growth while cushio~ing the negative
'impa<:ts. ,'.. . - '
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c "G~owth' is inevitable,'H we 'don't
plan for it, we'll end up somewhere other
than where w~ want 10 be," ~,
Jlias De~hristo, High Schc:oI Student
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"It's ci formidable pr,oblem th'at
w.e all need to think about, We need tb
look ahead at, the r,epercussiol1s
of gr';wth, analyze these; Qnd start taking
steps to:deal with them."
Jane Carpenter,
The Carpenter Foundation
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..BUILDING A FOUNDATION'"
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Citizen Involvement
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, The ",ealthy and Sustain~bleCommu';ities'
Pr:oject (HSCP), facilitated by the Rogue Valley Civic League,
. provides a )IIay for citizens to help defi'nestrateiies and'implement
'solutions. ' . , ' ,"
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Participation ,.. -.. .."
Ovdr 500 citizens participated in platining ~groups :!rid a serics, of "
'eight!Issue R?und Table aiscussions. '~usines~ +people, :youth,',~m'
mumty leaders, and a wide range of others have explored their Vision ,
. 'of communiiieS th,at" value families, ed~cati~n and a solid r~gionai . .
economy.. All ~itizens' in the two,coun,ty region a~e'invited t~ join i~, '
'the,next phases of, the proj~ct; helping to make the'cbolces that will'
sliape tomorrow, "
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Looking to the'Future,. " ,'~
, The HSCP chall€nges everyone to look b~yond the immediate future. ,
What.,vill our communities look like 'ten, twenty"or fifty ye~fS from
'now? How ,viII' curreiitirends affect ournatu~al resources trans"
,. ,
. port:t~on, schools, and human'serVices' Togethe~ 'we will,produ~e a '
.':- fifty'yea~, Vision Plan tliaiad~resses the regi'o~'S most :pressing prob,
. ,:Iems ~'lay,a foundation.upon which to build a sustai~~ble future
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for jacks9n and josephinecounties. , ;
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. Sustainability:Developing long.term regiOlial health and'
, ' .vitatfty without compromis{ng the abiHty 'of future'
, generations to '/'eet their needs:" ..
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· DRAFTING A VISION TAKES TIML
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The Regional Vision plan calls for thoughtful'
" . -
'di~logue a~d w<ell-informed planning to
address the challe~ges ahead. Over the, past
three years, the Civic-League has drawn togeth_
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'THE BUILDING
6LGCKS
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, ' . 1994'-1996:' The Rogue ValleyCivii:",
League conducted research and'held
dozens of wor(cihops and forums on
n!gional issues, '
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. Whiter and Spring>1996:Based on
:these activities; eight issue iIldicators "
for a sustainable future wfre identified: -
Business and Economy; Natural.
,Resources; Education; Health and
Human Services; Arts and ~ulture;
Technology and Telecommunications; ,
, 'Physi~ Capital and litfcistructure;
and Governance and PolicY,'
. Fall 1996: Eight Ro.und Table Planning
Groups identified the most.pressing ,
concerns in'each issue area'and - "
, 'developed 'extensive,lists targeting
, hundreds of stakeholders to invite to",
Issue Roupd Table discussions.
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. Winter 1996-.1997: Over 40 volunteer,
facilitators from the community were
..trained in the HSCP visioninKprocess. .
. Jalluary-ApriI1997: The HSCP
, '-brought together hundreds of citizens in
'eight Issue RoundTables. In each Round
Table, participants spentan entire day .
together crafting preferred future visions'
llased,on common values and, '
recommending action steps toachie\>e
their visions. -, '
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, ,Committee convened40 review and "
synthesize the R9tlnd Table
reco~niend:itions.
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Th(ough this process, step, by step, citizen
involvement in the HSCP has formed the
initial bu'ilding blocks of the Southern
Oregon Regional Vision Plan. The Vision,
Plan ,will serve.as.a Blueprint for the
Future, guiding growth in the region while
maintaining livability.' ,
, '
er a 'full spectrum of residents With divergent
viewpoints from throughout the region to',
identify.c~ncerns; offer, solutions,_ and
become pan of the vision planning process.
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D~WINGTHE BLUEPRINt,
Values, Vision And Action
The Healthy and SustainabieComrhunities
, , Project launched a c~mp;ehensive con\muni-,
ty dialogue to' ensure, that'the Visiiiu Plan
accurately reflects the, diverse values arid
needs of"the region. Eight, Issue Round
, Tables, consistin'g of multiple small group
discussions,' explored probable futures based'
;-' .on current tre9ds, PartiCipants thendevel'
. ' oped preferred future visio~s based .on values
they identified as being fundamental to their
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,lives. Actio'n:Recommendations-specilic
solutions to achieve healthy €On\munities now,
and into the next millennium, were then'
, generated.
Even before the last Roul)d Table, the HSCP
Visinn PliuJ 'committee went to work., Thirty.
dedicat,ed individuals met regularly to analyze
the Round Table reP9ns !l1ld to help generale'
',!his summary., The' small group'repofls'were. ,
synthesized to produce the ViIuesand Vi~io.n
, , stateinents: Over:a hundred action sieps
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were' condensed into Action Recommen-
dations foithe p~rpos~ofthis report:
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A full report '!f Action Step Recommendations ge....erated by Round,Table participants
is aviiil~ble ~t the Rogue Valley. Ci~cLe3gue and local libraries:
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,BUSINESS AND,
ECONOMY
Values and Vision
Our region supports a vibrani, diversified
economy based on b~slness and education
,partnerships. We val~e a well, trained and
. educated workforce, economic diversity, higb
quality livability, and, healthy lifestyles. Local
: communlty-base4 businesses' emphasize and
, b~ild 'oil 'natural ,resources" agriculture,'
tourism; secondary ,wood produc_ls and the
software industry. with a,susiainable and,
value-added approach. Regional econlimic
priorities are through technoJogy, infrastruc-
ture, and the e~ucatlonal system,
Action Recommendations
. Create:i thriving economy through ,
development of diversified and,v:uue, ..
added business enterprises, such as
agriculture, software, touriS~l and
secondary woo~,produCK
. CrC'Jte a well-edocated, skilled
workforce through partnerships
between business and edocation. '
. ,. Improve physical infrastructure to,
enharice economic develnpment.
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. Develop land-use policies that reflectthe
c:.importance of our agricultural industry
and a clean and protected environment.
. - Create a regionallIealth Services District
, to assess, coordinate, develop, and
. monitor public and private hC'.uth care
, resources.
'. Develop'increased coopet""4tion, ..
resplinsiveness, andsustainability of the, .
non-Profit sector.
. Encourage collaboratiou within and
'between specific business secto~s.
BUSINESS AND ECONOMY
, January 29, 1997 '
VA Domiciliary, White City ,
Attended: , . , . , . , , . . , . . ... . . . , '.' 73
'Yauth:-...... ... .. .. . .. .. . ~. .. .. 6
Med/GP/Ash:................. .51
Rural: .' , .. .. .. .. .. . .. . .. . 22
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ROUND TABLE SUMMARY,
NATURAL RESOURCES
"
Values and Visiol"
The public understands and deeply appreci-
- iues a sustainable natural environment.
'. Lifestyles and economic activities ~aintain
and.enha'nce the e~vir~:>nment. Legislation
and policy preserve private property rights,
and are based on incentives and'stewardship:
responsibilities. The region.. has a more
. diversified economic base which includes
valile-added markets. Urban growth is con:
centrated away from' prime agriculturallanqs.
, Clean air, comprehensive use of ,vater
systems ana ecologically 'sustainable
management of forests'is realized. .opeu
space programs are supponed by both public
and private financing.
Action Recommendotions '
. Form a natural resources coalition to
create a Regional Management Plan
involving schools, stakehulders, arid
residents.
. ,Educate the public, students, and
, businesses to foster .responsible ,
. stewardship pf our natural resoprces.
. Develop policies based on incentives
rather than penalties. , '
. Increase water storage and delivery
efficie'ney. .
". Strengthen Watershed' Councils to' assure
cooperation among water users,
sub-basins;and agencies. '
. Develop a coordinated fire suppression
system'.
. . Encourage e'nvironmentaUy aware
businesses:
. Encourage development of a diversified
agricultural economy. .
. Create a Regional Solid Waste Action
Committee compo,sed of stakeholders, .
, citizens, and schools. '
. Reduce waste, the use of pollutants, and
natur:u resource destruction through '
resear~h and best man~gement practices.
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NATURAL RESOURCES'
February 12, 1997
OSU Extensian, Central Point
, '
Attended:...........,.,..,.,. ,58
Youth: ........,.....',...........1.
Med/GP/Ash:.,.,..,.,...",.37
Rural: ..................;.,...21
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EDUCATION
Volues and Vision ,
Our region values and encourages life-long
learning, which is universally ~ordable ,and
-made possible by active members of commu-
nities large and small. Educational curricu-
lum creates productive me~bers~aware of the
, local and global community, and is provided
through flexible delivery systems. :!"he. region
'as' a whole represents a seamless;)'Stem, inte-
grating education, business,~ civics, ~ultureJ-
social seIVices and natural resources.' Human' '
arid financi!.r resources. sustain the system ~ld
an educational curriculum, that'reflects the
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, life-long learning ne~ds of community. mem-
bers, .Resources are abundant through pri-
vate, public and individual'slipport., : ' ,
Action'Recommendations
. Increase life-Ion!', learning opportunities
for peqple of all ages through the use of
technology ~nd flexihle delivery systems,
. Develop releva1Jt and integrated
curriculum for eosuring a capable
,'workforce and involved citizenry ~
through partnerships among educational
institutions, businesses, government,
'and communiiy orgariizations.. :
. Celebrate diversity through curriculum
and experiential learning programs.
. Support life-long l~arning 'through
private; publjc, and individual sources; ,
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February 25, 1997
sose, Ashland
Attended: . . . , . . . . , . . . . . , . . . . , ,94
Youth:.., ..,.....6
Med/GP/Ash.....,............ .45
Rural: .. .. . .... .. .. .,!-5
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~RTS AND CULTUR,E
"'--"-:'-- -',
~(jJues and' Vision ., "
:fh~ ,artsf1ouris~ in our region, and are
sirengthened.,through collaboration, enjoying
~iable funding from the community, as well as_
f\hegoveinment. Excelle~t facilities are con-
\.tructedto support all arts and culture pro-
'granis, The' arts are interactive: multidiscipli-
Ijary, :md reflect the region's diverse, multicul- '
ral heritage.. The arts and an education are
'veise :md accessible to all, :md arts curricula
e developed to 'eoh:mce critical-thinking :mn
,toblem-solving skills. The importance and
. 'gration of an, iti ou'r dillly lives is promoted
'rough public education :md marketing, .:m4 is ,
p~r<:eived as directly relev:mtto a high quality of " "
life
~ction R';comm~ndations
"'~uild it unified Arts Coalition among ,
'-artists, businesses, thenon~profit sector,
- ',civic organizations,. and iocal, .
government. '
,Secure public snpport :md funding,
which ensures audience development,
'universalaccessibility, and creative
idiversity.
; Dev~iop an integrated community an(f-
,academic art education program for all
,;:ages.. _
, ,Promote community awareness of
:'regional arts and cultural activities
'\through ,creative ll1arketing strategies.
:~ 'and media inv9lvement.
. Exp:md'infrastructure to support the
arts; allo~ng more VemleS for teaching
:md performing,' , ,
,Create multi-use facilities, including
, dowtitownartists' studio :md living'
cooperatives, .,
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TELECOMMUNICATIONS
AND TECHNOLOGY
. Values and Vision
Local, affordable access to techn~logy and.
workforce skills training will be integrated
regionally in commerce and educationwh(le
'- - 1,
instilling lif~long!earnin!l commitments
, through'snpport of publici private partner-
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, Action Recommendations'
. Establish a regional Techno!ogy and
Telecommnnications Council to
, 19ventory infra.o;;tructure, providers, and '
user needs,
. Expand regional Technology and
- Telecommunications Council to i~clude '
,users in drafting a plan that fosters
partnership~, offers education and
training opponunities, promotes
. entrepreneurial activities, home working
environments, quality of life, and
'protects rural lifestyles:
.' Develop a budget and operational plan
for Technology and Telecommunications
Council, implement plan, periodically
evaluate and,n1odify plan as needed to'
, ,ke~p turrerit with user needs and
changes in technology.
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HEAUH AND HUMAN
SERVlc;ES
Values and Vision'
'We value commnnities that'are clean,safe,
supportive~ arid stimulating. ' As citizens vie
respect each other and ourselves. We believe
'in personal and' collective responsibility for
the health of the, community, Health and,
hum~ servic~ providers insure ope_n access
and look for opportunities to'work in part-
nership~. To the gre)ttest exterit possible pro-
grams provide substantial outcomes: '
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Action ,Re~ommendcitions'
. Allocate resources to: prioritize'
,prevention; establish a community ,
, based endowment fund; and encourage
" private and public pannerships that plan
, 'illld prompte economic'development. C
. Enhanceinfonuation access and
dissemination by developing a patient
information system available to all
. providers. , ," '
. Create and expand systems'that's'uppori
multi-level educational opponuniti~s
, through school, business, and health
care pai1ner~hips, and through access to .
technology,
. Promote personal accountability
through media, church, and school
, ' campaigns to provide infonuation on
opp,onimities and risks.
. 'Develop a community health education
consortium. to establish measurable
goals. ,
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PHYSICAL CAPITAL AND
INFRASTRUCTURE
(,
'Values and Vision ,
Our,region preserves and enhances quality of
life by developing comprehensive; planned'
communities. ,Each cominunity'is supponed
by user,financed,regional infrastructure, The' :
" citizenry v"-Iues the diverse needs of people
. and wildlife. Citizens serve as stewards of an
, extensive; sustainable system of parks and
open space~ transponation: alternatives, and
water quality and quantity., "
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. ,Action Recommendatio~s
~ Form a regional committee to dete~ine ,
and coordinate policy directions of local
governments,:establishinga means for
advisory groups to communi~ate with
, one another. > .' .
. ,Create a partnership between various - '
agencies to sbare planning resources,
develop innovative transponation
alternatives, research more efficient
local distribution of goods and people,
and plan regional services. '
" ' . Create a regional Open Space Plan, to
. - inventory and map parks and ,',
- recreational resources' and research
regional parks phmning and regulations:
. Coordinate tile establishm'ent of water'
, 'conservati6n guidelines.
. ,Create a public information program'
~at,addresses \vater, wastewater,' .
regionally integrated infrastructure, "
open space, and multi,modal '
, . transponation.
;. ,Create tools and iil,cerOives to prol]1ote '
, environmentally,friendly facilities.
,. Promote multi~modal comniunities that
:' incorpor.ite pedestrian and bicycle,
: - friendly streets,' .' '
. Provide,tax incentives for businesses to
encourage multi,modal ttansponation
program~, carpo.oling projects, telecom', "
muting, and flexible scbedules.
.. suppon-a series of-satellite communities.
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GOVERNANCE AND '
POLICY
, Values and Vision
Our region establishes partnerships betWfen
public, private, and non,ptofii entities to,'
, develop community,shared ,values and ensure
intergovernmental cooperation 'which opti:.
, mizes11igh, quality, cost,effective s~rvi~es,
Land trusts are established to protect key:'
agricultural lands and open space;' and to
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continue supporting.a strong agricultural
, base. Governmental entities enact' policy,atid
~r~inances tbat'Support' and enhance the
. estab,lished community goals. , '
, Action Recommendations
. Develop a clearinghouse for
,
partnerships among existing entities,
, .: Actively pursue opportunities to enhance
intergovernmental relationships.
. P~oinot~ and improve communication
and information dissemination to' ,
'citizens. ......r .
. Create opportunities for public
,education and participation. that will
foster volunteerism and active
'partic!ration in,decision:making
processes, .
. 'Encourage" dispute resolution by ,
creatively seeking. common' ground' and
workable solutions, '
. Develop~tablefundingsources to
Sur'port the 'approved plans.,
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'THE'FUTURE IN FOCUS
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A vision plan for a region ,,"'diverse as' ours,
most be ~eRarded as'an,ambitious and co~' .
tinually':evolving "work'in 'progress."_lt,is '
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useful as a tool for developing plans and poli-'
. ciesfot the future of Jackson and Jos~phine
'. ,Counties., As' the citizens of the region come
" together to design the Biueprint, w(are giIid- ,
'ed by ihe values we hold in common o ,the
imponance pf f:unHy;a ~sense of community,
','asiroog economy, and it clean,safe environ,
'men!., The Value!, Vision ,and Action
'Recommendations ctrafted'at fhe'R'ound'
- Tables'suggest ways for the region to grow ,
_: while preseITing ourhigh qualit(of ille. _ .'
The early architects of this visioning pr~ject '
believed' that' interrelated themes that cross
, .~ ,., \ - '
over from poe issue toanotherwqtild emeige, '
from die Round Table, discussions as central '
features to the bUilding,of,healthyand s~s-
tainable ,corllmunities." ' Focusing on these',
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DESIGNFO~'THE FUTURE
Next Steps' ,',
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, fundamental areaS and !ntegnit~d problein'--
solYing efforts will enable the region tq .create
far:reachi1]g, innovative ,directions for the'
,future, _ ' __ ..', , . '
~.the'pivoiaIimponanceofEducation and '
.life-lon'g learning; '. ,- "" -'
. the strength and s~bilitya diversified,
value-added economy can proVide to
the region's health, and well-being;" "
~' the ability of responsibn"stewardship of
, the envirolunent to protect our region) :~'
- n,atural assets for g~nerations"to come;
... the increasing role of technology in'
individu;u lives and th~ ecOnomy along
with the criticalneefrof providing ,
adequate infrastructUre; , . '
. ,the beauty to be gained from etnbracing'
the 'region's diversity; . "
. 'the cosi-effectiveness and cominunity- "
building benefits that stem from ,.
Partnerships and Collaborations,
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Engaging and Informing citize~s throughout the region is, a vital component'of the ~sion process:
, This summary will b~ pres~nted' at sixteen Com~unity Open !lo~ses for public review and, com-
,ment., An..opinion survey to gather'broad-based citizen response wiiihe'niailed to every hou~e-'
hold in the,lI\,o-~outui re~on ~nd distfibuted ~t the Open !l9uses. A project video'to lear~fu~re
/', abo~t the HSCP process is available, and loaned free of charge: '
O~~~O$,
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., Partners.and' Corlaboration
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As we move intqthe next millennium 'con-
cern,ed with r~si!lg p~jlUlation figures and '
dwindling resources", ihe notion of ';'';orking "
,smaner, tiotharde( ~. and 40ing it togeth~r -
resounds,: The results of every Roun~ Ta~e,
~cho thnall to pool energy,"funds, informa-
tion, and' ideasto .work I110re efficiently 'and
'effectiv~ly towards CO!llmOn goals:, " ,
, '. The Rogne' Valley qvicLeague will continu:~
to work'cooperatively, with Community
Panm;rs to facilitate'ongoing dialogues and
the implementation of Action Recommen-
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dations. "
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BOARD OF DIRECTORS
. rani Moore,
Co-President ' _
Dotiald Rubenstein,
Co-Presidelit-
Dwight Ellis, ,
, President-elecC
. ,Galyn CarWe '
Debra Lee
LOll Hannum
, Sheila Kimball
Sharon Morris
lcahnette York
O~tgoing:
Sue Densmore
~t1an Almquist
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HSCP CO~CHAlRS "
Sue Dc~smore,
BlJrke Raymo!ld
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STAFF
Roi ~rouch,
E~eculive_Dircctor
KittY Kaping Funk" '
Project Coordinator I'
Chris Carpenter, , /
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Public lnfonnation
,Coordinator '
,WyattOgil'1',' ,
Research Consultant
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DONORS
'; The Carpenter Foundation _
. rh~ ~ran.cis A: Staten Fund of the'
Oregon Community F~undation
Oregon State tottery through
the 'Rural invesimeill Funds
administered bv the State
of.or~gon Eco~omic D~elopment
Department N
Jqsephine County & the 6r~tt Depe
of Land'CorIservation and
.1':, ' Development
. Jackson CQunty -~
City of Medford ' ",
I City of Ashland'
I Ru",\Dev~lopment Initiatives
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, The Rogue Valley Civic league (RVCL) is a two-county, non-pro.fit membership organization,whose mission is to pro- .
u'Jote unity"and civic vitality for the residents ofJackSon and)osephine countiesthrough education and enrichmeni. -
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The'Civic League was'incorporated in 1991 following a year-long citizen dpven Civiclndex process that recommend,
ed the forillation of theLeagu~ to pr<Wide a forum for publi~ dialogue and deb'ate, The main goals of the 'RVC~ ar~ to
provide a neutral forum for regional issues, to perform non-panisan re~earch; to encourage creative problem solv-
ing~and to promote a regiona!perspective to enhance the healthy and sustainable,attributes of our communities, }"
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ROGUE YALLEY
CIVIC LEAGUE,
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Thc;mkY6uI
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Crater Title: Inc~" / -
" Medford Fabrication,'
us West
.Providence Health' Systems.,
Southern Oregon University .
Asante. Health Systc'ms
Moss Adams ~, Certified
Public. Accountants
" LTM, InC. ,
A:ililand Communitv Food Store
r..e.ague of Women Y.oters_- '
,; _, Rogne Valley
.~~ter Sage / Debra'Lee
WP Natural Gas
Ashl~ld Co~munitY Hospital -
_Pacific Power & Ught
. 'Grants_Pass! Josephine County-'
Chamber , -"
Ashland Chamber of Commerce.-
Ashland Sanitary &ReCycling
Grants Pass Jetboats \
,Colollial Bank
ThekogiIe Valley Civic League, '
Membership
ROUND TABLE S)'ONSORS
WP Naturaf Gas "--
. '~rateriari_ Ginger Rogers Theater'
'Sollihern Oreg"of!. University ;
'Medford Fabrication' - -
I " ,. ,
V ~Domlcili.ry ,
The Chamber of Medford,Jackson
County' ,
OSU .Exten'sion Service '" .
COIbrri~nitV Bank of Grants Pass
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. ~ COU!l-c.i1 of Southem~Oregon
FACILITATORS
,~ JQn L,all~e, Trainer. '"
Mark Am'rheih
Kathy Bryon
Don Bruland '
Karen Carmyal
Roi Crouch ' '.
- Carlos DeBritto
Sue Densmore
Tom Dew
Carol Fishman
Rog~r Fishman
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Rex Funk
Pam Green ' -
Cliip Hair
Treva Hunter
~ois Langlois
, Qebra'Lee
I Jil}l Maddux
Tam Moon~,
Bill Peterson
Donald Rubenstein'
Karen Smith'
, Erik Sl~wart '
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, VISION PLAN COMMITTEE,
Debofab p, Ameen,
"RVMC Foundation _
...-KeVin Ande~on, Rogtle Valley Maror
Bruce' Bartow, Josephine County
Planning Dept.
'~Jim Beers, Providence Health
, Systems
Fred Borngasser,..Josephine County
CommIssioner j' .
~ KathY' Bryon, Organizational
, De,,:elopment Specialist,
Bill Campbeli, Sorlthem Oregon
Public TeleVision,
, Ramona CQletta-Stewart, Oregon
Multi Media Insiitu,tc
Eliis DeChristo, AHS Wilderness
Charte~,SchQol .
MarY m~La Mare Schaefer, RV
Council of Grivernments '
Tom Oe~"Rogue River National
'lorest , ,'"
Richard FoertSch, Upper Rogue
Education Consortium ' ~
Ron Henri, Bear CreekCofporatil)n
_Dave Jones, Bureau of L~d 5"
'. ,Management " I..
Jim'Keys, Medf~rd City C.Quncit'
Bobbie Kidder, RCC Theater Arts
Coordinator, Directof of Teen
-Th~tfe Troop
Menno Krall; Illinois Valley
'Community Re~p~nse Teant
Sue_Kupillas~ Jackson :County
',Commissioner J '. -
Jim Lewis"Mayor, Jacksonvilli :-,
_ Sara McDOIiald, Josephine Co.
Comriiission on,Children &
. Families'
,~Charlie-Mitchell, Economi~
Development; City, of GJ,dllts Pass
. ,Kathie Olsen, Arts Council of,
';' Southern Oregon
Ed Olson, Medford Water -
..... Conimissi~n
,Gordon Safety;'SOREDt, '
Karen Smith,Jackson County .
Roads &: Parks ' "-
Erik Stewart, Busi~ess Consultant
Merlin Varaday, World -of Mouth
E"ducation Services,:"
Mary Wright, Appraiser and
, Talent Budget Committee"
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PRESENTERS
Robip Allan
Gwen Bowman
, '
KatM.rine Ann- ~anlpbell
Rabon~ Coletta-Stewart '
Peg'Crowley
Kathleen Davis
Elias DeChristo '
Mary I1~LaMare Schaefer
Brooke Densmore
-Sue Densmore.
Eri~ Dittmer_
, Steve Qroveman
Bobbi Kidder
Mike McClain'
Charles McH~nry_
Kathie Olsen
, R()b Pochert,
_ Burke Ra)IDopd
Steve Reno
, Cmfg Ston~, ,
Merlin Varaday -'
, ~. I
'Josh Vote'
Bob Weber
,
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SPECiAL TIlANKS TO
Rex Funk'
-., ErikStewart
Mary Wright
o .
EDITOR
Karen ~a~ival, Write Away_ .
G]lAPiUC'DEStGN .
Chappy Nelson Design
y
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p;O, Box ~36; Medforg, OR 9750.1
(541) 857"8900
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Oregon's 'program for planI1iIig the uses of that land was signed into law
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ASHLAND CONSERVATION COMMISSION
MINUTES
February 25, 1998
CALL TO ORDER
The meeting was called to order by Ken Hagen at 7:07 p,m, at the City Council Chambers, Members present were Karen Amarotico, Russ Chapman,
Kirk Evans, Bruce Moats, John McCory and Kari Tuck, Staff present were Dick Wanderscheid and Sonja Akerman, Member Russ Otte was absent.
APPROVAL OF MINUTES . The Minutes of the January 28,1998 meeting were approved with corrections by Moats, Under Public Forum, Moats
stated the third sentence of the minutes should be amended to state Recycling is practiced to varying degrees across the campus, but is most effective
, " Also, the last sentence should end with, . . among the academic and administrative buildings.
PUBLIC FORUM
Nancy Tuggle, 639 North Main Street, said she submitted the letter which was included in the packet concerning a proposal for the reuse of mixed
paper. She and her friends are upset about the fact there is no more mixed paper recycling at Ashland Recycling Center, She emphasized the need
for alternatives. She would like to obtain a grant for the use of mixed paper waste as the source material for a locally owned, small scale paper plant.
The objective would be to sell paper to a local market. She stated they would like the support of the Commission, Moats asked about the scale of
the plant and Tuggle answered she is not sure, but it will not be a huge plant. The Commission is supportive of Tuggle's efforts, but would like to
see samples of types of paper the plant would produce,
Elias DeChristo, 205 Granite Street, updated the Commission on the Ashland Community Bike Program, He handed out brochures (printed on tree,free
paper) on the program and said the bikes will again make their appearance on City streets, This will coincide with the Earth Day Parade (April 25th).
As soon as a suitable space is found, they plan to offer a 16 hour bike maintenance course for ten kids, They are currently working on fund raising,
Hagen said the Commission is supportive of this program and agreed to discuss writing a letter of support.
(Evans arrived at this time, 7:30,)
ASHLAND SANITARY & RECYCLING UPDATE
Chapman stated Ashland Sanitary and Recycling will again offer a household hazardous waste collection event the first full week of May,
OLD BUSINESS
NRGIH,q. Moats handed out copies of the draft letter to lodging owners regarding water conservation ideas. Wanderscheid said his only comment
would be to add a contact name and number, Moats will finalize the letter, Hagen will sign it, and staff will mail the letter to all lodging owners in
Ashland,
EducationlSchoolslPrecvclinn, Amarotico reported she and Tuck will get Amrhein's file on green education and they should have a report for the next
meeting,
Solid Waste, Chapman related he would like help in generating a brief questionnaire to hand out to the large retail stores in Ashland, He then plans
to generate a handout revealing where citizens can purchase bulk products and products packaged in recyclable containers, Amarotico volunteered
to help and offered to go to the stores with him, The Commission discussed various methods of obtaining this information and wording for the
introductory letter,
Jefferson Monthlv Articles, Evans stated his article is in the hands of Eric Allen, Wanderscheid related it has not been decided if it would be published
in one issue or two, He said to be on the safe side, Tuck should have her article in by March 21.
Conservation Class Survev . Wanderscheid reported the survey is still coming in and that so far, approximately 50 have been received. He expressed
his frustration with the time, energy and money that has gone in to advertising the classes in the past for such few people in attendance. He
suggested using cable access TV and the internet. Claudia law has agreed to teach the compost classes again if they are scheduled, Wanderscheid
recommended waiting until the next meeting to discuss the best way to approach offering classes, Hagen agreed cable access is underutilized,
Wanderscheid added it would be less work to use cable access and it would reach more people, Evans recommended viewer call, in programs,
Downtown Recvclino Containers, Wanderscheid reported a site on the Plaza has been chosen. Ashland Sanitary will buy the containers for $1,400
to $1,500, The Parks Department will install and maintain them,
SOU Recvclino Reoort, Moats informed the Commission he and SOU representatives had met to decide priorities for recycling program enhancements,
He presented a proposal with four campus buildings prioritized according to importance, He noted SOU does not have much money in the budget for
this, but they would like to begin, Hagen suggested two bins in each building rather than completing one building at a time, McCory recommended
putting up laminated signs to let people know where the recycling bins are located, Amarotico suggested tying the SOU program into Earth Day
activities, Tuck moved and Chapman seconded to use $500 of the Conservation Commission's budget for the SOU recycling program, All voted aye
except Moats, who abstained, Moats will come back with a report on the best way to spread around the various bins for the four buildings.
NEW BUSINESS
March Meetino Date. Wanderscheid suggested having the subcommittees meet a couple times during the month of March and skipping the full
Commission meeting because March 25 is during spring vacation. The Commission agreed,
Goal Settino . The Commission discussed the following goals: education in schools regarding what can still be recycled; more research on the water
issue/Ashland intertie; 4th of July parade winning entry; classes through RVTV; environmental education at North Mountain site; 8" x 11"
posters/signs with sustainable Ashland logo regarding specific recycle information (large letters); sound bites on RVTV and JPR; educate renters and
landlords about weatherization; and reduce number of car rides to schools.
Committees. The parade committee (Chapman, Hagen, McCory and Tuck) will meet on March 9, The education committee (Tuck, Evans and Otte)
will meet on March 10. The solid waste committee (Chapman and Amarotico) will meet soon, Written reports should be submitted in time to be
included in the next packet.
ADJOURNMENT
The meeting adjourned at 9:15 p,m,
Ashland Conservation Commission
2
Minutes
February 25, 1998
".;'
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
MARCH 10, 1998
CALL TO ORDER
The meeting was called to order by Chairman Steve Armitage at 7:05 p,m.. Other Commissioners
present were Russ Chapman, Anna Howe, Chris Hearn, Mike Morris, Barbara Jarvis, Mike Gardiner,
Marilyn Briggs, and Ron Bass, There were no absent members, Staff present were John
McLaughlin, Bill Molnar, Maria Harris and Susan Yates,
APPROVAL OF MINUTES AND FINDINGS
Amend the Minutes of the February 10, 1998 (page 1, John Fields, PA98-012) to read: "All
Commissioners 'except Chapman' had a site visit", Howe moved to approve the amended Minutes,
Jarvis seconded the motion and everyone approved,
PUBLIC FORUM
No one came forth to speak,
TYPE II PUBLIC HEARING
PLANNING ACTION 98-012
REQUEST FOR A SITE REVIEW FOR THE CONSTRUCTION OF TWO MIXED USE (TWO, TWO-
STORY) BUILDINGS CONSISTING OF: RETAIL, WAREHOUSE, OFFICE, AND APARTMENTS TO BE
LOCATED AT 498 AND 508 OAK STREETS,
APPLICANT: JOHN FIELDS
STAFF REPORT
This action was reviewed at the last meeting, testimony was taken, however, notice was never
published in the newspaper last month so a decision could not be made, This month notice was
published, The Commission is charged with opening the public hearing, allowing testimony, and
opening and closing the hearing, The Findings have been prepared and are ready for adoption,
PUBLIC HEARING
No one came forth to speak,
COMMISSIONERS DISCUSSION AND MOTION
Howe moved to approve PA98-012 and to adopt the Findings, Jarvis seconded the motion and it
carried unanimously
TYPE III PLANNING ACTION
PLANNING ACTION 98-017
REQUEST FOR A ZONE CHANGE FROM COMMERCIAL (C-l) TO SINGLE FAMILY RESIDENTIAL (R-
1-5)
1644 PARKER STREET (TWO SEPARATE TAX LOTS)
ONLY THE REAR PORTION OF THE PROPERTIES IS ZONED COMMERCIAL. ALSO, A REQUEST
FOR A CONDITIONAL USE PERMIT AND SITE REVIEW FOR THE CONSTRUCTION OF AN
ACCESSORY RESIDENTIAL UNIT ON TAX LOT 9800,
APPLICANT: NANCY WESTON/JOHN TOSO
Site Visits and Ex Parte Contacts
Site visits were made by all.
STAFF REPORT
Harris reported the proposal consists of two adjacent parcels, each having an existing single family
residence, The first part of the proposal is a zone change from Commercial Retail to Single Family
Residential on the rear portion of both lots, The second part of the proposal which is dependent on
the zone change is a Conditional Use Permit and Site Review for an accessory residential unit at the
portion of 1644 Parker Street, Harris noted the applicable criteria and stated that notice was sent
to owners within 200 feet of the site,
Harris showed overheads and explained the history of the site as outlined in the Staff Report. The
properties have been zoned in the rear as Commercial since at least 1984, Staff believes there is a
need to adjust to new conditions, The strip zonin9 of Commercial zoning was refiective of that
time. In 1984, it was thought the backs of the two lots would be developed with the lot behind
the trailer park on Ashland Street, By 1990 when the vacant commercial industrial lands were
examined the two properties were not included (Exhibit B), The feasibility of accessing a
commercial use on the two properties between two residential units in an area all residential is not
likely, Another condition that has changed since the original zoning is that the City in 1990
allowed accessory residential units to be a Conditional Use in the R-l zone.
If the Commission decides to approve the zone change, the applicant is requesting a Conditional
Use Permit for an accessory residential unit, however, they are requesting the existing front house
(865 sq, ft.) be accessory to the primary residence in the rear portion of the property (1736 sq, It,),
Access would be by way of a shared driveway, A garage will be removed to make room for the
driveway,
The proposed primary residence is two-story, The exterior of the first floor is stucco, and the
second floor is redwood shakes and half timbering,
The application is consistent with the site review standards, Sixty-two percent of the lot will be
landscaped, At least five significant trees will be retained, Staff believes there will be no greater
impact than the target use in the way of traffic, air quality, generation of noise, light and glare,
Staff has concerns with architectural compatibility, The proposed primary residence is more
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
MARCH 10, 1998
2
adorned than other residences in the impact area, Most of the homes are modest, reflecting the
1950's style architecture, The applicant has not demonstrated how the proposal and the different
type of architecture are compatible with the area, Harris noted the letter submitted by the neighbor
at 1 640 Parker (Scott Beveridge - Tax Lot 9900),
PUBLIC HEARING
NANCY WESTON, 1660 Parker, thought Staff covered the zone change request, Because of the
uniqueness of this particular lot, it is the only one in the immediate area of such a size that an
additional residence can he constructed under the CUP criteria, This arrangement is being
encouraged under the Comp Plan, Weston believes building this residence will be an enhancement
to the neighborhood, The first floor is designed for persons of limited mobility, The overall impact
on the area's livability is more positive than negative because it will add to the diversity of the
neighborhood,
The wood/stucco residence should blend with the existing residence and other homes nearby, The
color of the existing residence will be changed to coordinate with the new house, Even though the
architecture of the homes in the neighborhood is predominantly ranch or minimal traditional, there
are some flourishes such as arched doorways, split rooflines, and bay windows, The primary
residence is not in a prominent position on the property, however, if any ornamentation is of
concern, it is not necessary to the overall plan and can be eliminated,
After driving through the neighborhood, Jarvis felt the exterior design of the proposed primary
residence appears significantly different in size and feeling, Weston said the finials, wood portions
and flourishes can be eliminated making it look simpler, The house will probably be cream colored,
The chimney will be brown faced brick, Many of the homes in the area have two chimneys,
Weston said the proposed residence is on an uphill grade toward Ashland Street and will be next to
Beveridge's home, The only windows on the upper portion are near the front and she felt it
afforded Beveridge enough privacy along with the trees, She has tried to keep the windows to a
minimum.
Jarvis asked about noise, light and glare, Weston thought the traffic would be equally divided
between the front and back house, There is a fence between her property and Beveridge's, She
did not think there would be any glare from headlights coming from her property,
Briggs would hate to see the finials and other whimsical details eliminated because it is a very good
interpretation of a particular style (English craftsman style, borrowing from the tudor style), She
does not believe it will be that visible from the street, She is not concerned with the architectural
compatibility of the neighborhood; neighborhoods evolve,
Staff ResDonse
Harris said there is a lot of detail on the house and perhaps the applicant should look at something
more consistent with the neighborhood, Molnar said there was a lack of information on the other
houses in the neighborhood,
Gardiner commented that since the structure is going to he in the back, it has less impact on the
neighborhood and the extra detail won't matter,
3
ASHLAND PLANNING COMMISSION
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Rebuttal
Weston reiterated her first comments that some of the detail could be removed but the house is
toward the back of the lot and in general should enhance the neighborhood,
COMMISSIONERS' DISCUSSION AND MOTION
Zone Chanae - Howe thought correcting a zoning mistake to draw a line to correct the commercial
lot lines is acceptable, The Commissioners agreed,
CUP and Site Review - Bass wondered if the ordinance intended to have a primary residence built
with the existing smaller structure becoming the accessory structure, He has some concerns about
putting this large a house in the rear yard and how it will look from the other yards in the area,
Gardiner wondered if there were similar situations in town, Harris said there was an approval on
Carol Street and one on Frances Lane which had been denied, It was denied because of
neighborhood compatibility,
Hearn said the ordinance does not say which structure has to come first (primary or accessory),
McLaughlin said it cannot be held that an existing unit on a lot is considered "primary," Howe said
there are lots in town that have very small houses on the lot and the Commission will be probably
encounter this type of request again, Where there is a large lot, there is a need for a larger
structure, She would rather have them connected through ownership and color compatibility, With
regard to architecture, Howe feels an effort has been made to make the two-story structure to look
more like a one-story because of the large roof which brings it down, It is not designed look large,
She would like the design elements taken off the second story so the roof-likeness is emphasized,
Hearn thought the rear structure is not that large (1736 sq, It,),
Howe suggested wording a Condition: That decorative trim, including the wainscoting area above
the roof eave line including the dormer be removed, To be reviewed by the Staff Advisor at the
time of application for a building permit.
Hearn moved to approve PA98-017 with the above Condition, Howe seconded the motion and it
carried unanimously,
TYPE II PUBLIC HEARING
PLANNING ACTION 98-021
REQUEST FOR A CONDITIONAL USE PERMIT AND SITE REVIEW FOR THE CONSTRUCTION OF AN
860 SQUARE FOOT ADMINISTRATION 8UILDING CONNECTED TO THE EXISTING PARISH HALL
WHICH IS PHASE 1 OF THE MASTER PLAN AT 44 NORTH SECOND STREET,
APPLICANT: TRINITY EPISCOPAL CHURCH
Site Visit and Ex Parte Contact
Site visits were made by all. Howe's office is located across the street from Trinity and their
parking lot is used on Sunday morning, The parking is not rented, She has no financial or business
relationship and no conflict of interest,
ASHLAND PLANNING COMMISSION
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4
.-
STAFF REPORT
Molnar noted applicable criteria, There are two parts to the application, There is a request for a
Conditional Use Permit and Site Review for phase 1 of an overall future expansion of the church
campus, Phase 1 includes an 860 square foot addition to the end of the building along Second
Street to be used as administrative office space. There is also a request for approval of an overall
church master plan, There are currently the existing sanctuary, the parish hall, the Morgan building
(barber shop) and the Morgan house, The master plan would involve the removal of the Morgan
building and Morgan house to be replaced with a new parish hall building and youth center.
The church is asking for some degree of certainty the City's approval of the expansion and is in line
what the Historic Commission, Planning Commission and Staff are considering, The proposal is
conceptual. Staff supports phase 1 and strongly supports the location of the Trinity site and
expansion of facilities, The use is beneficial to the downtown, Future buildings will come before
the Commission as the church is ready to expand,
Molnar reported there are a number of issues outlined in the Staff Report regarding design of future
phases, Staff is concerned with the style of buildings, The architectural style is greatly influenced
by the existing sanctuary structure, In the pre-application conference with the applicant, Staff
suggested, given the zoning and given the function of two buildings (not for church functions but
for public assembly and youth center function) perhaps a more traditional or commercial style
should be considered along the Uthia Way and Second Street frontages to allow for greater
adaptation of uses in the future consistent with the myriad of commercial uses allowed under that
zoning district,
The sanctuary structure is listed on the National Register, If future phases mimic the style of that
building, Staff is concerned about future phases causing that structure to blend in with other
structures whereas now the other structures on the site are clearly subordinate to it. It is clear
which is the national Register building, A goal within historic preservation is not to create a
confusing picture when the whole site is developed as to which is the historic resource and which
buildings followed,
A bigger concern is the ultimate site improvements or the street scape along Second and Uthia
Way, Much of the site plan is based on the internal circulation of the campus plan, Though a valid
point, that might have a detrimental impact along the street scape, The floor elevation of the youth
center is four to six feet above sidewalk level with a wall that continues down to the sanctuary
building that would be six to seven feet in height, Even though this is a schematic, Staff is
concerned with the changes in elevations to the public area,
If the Commission approves the concept, they might want to consider a one to two year approval
time line for the development of future phases, Staff would hate to bind the hands of future
Commissions to make changes to a conceptual design,
The Historic Commission had similar concerns. They recommended approval of phase 1, They did
not support the architectural design concept of future phases, They felt there could be some
exploration of 'a style other than a strong church style for the buildings along Uthia Way frontage
because they are auxiliary buildings, Nothing is in the record as to the State Historic Preservation
position of the master plan design,
5
ASHLAND PLANNING COMMISSION
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Staff recommended two options for approval that are detailed in the Staff Report: 1) approve the
request by the applicant for phase 1, approve the concept of a "Campus Master Plan", but all
issues of design to handled at a Site Review process, or 2) approve phase 1, Continue the CUP for
the master plan and allow the applicant to come back with a reviewed schematic design,
Jarvis said the Commission may be approving something that if it takes seven years to develop may
not be appropriate at that time, What is the benefit to the City to approve the master plan?
McLaughlin said the benefit is to the applicant for long-term assurances, It does limit some of the
options the City might have in the future,
It seemed to Howe that approval of the master plan commits the Commission to a level of detail
with which she is not comfortable, Can the expansion be for an appropriate use but not commit to
a particular plan? McLaughlin said in approving what the applicant has brought forth, the
Commission is finding what is believed to be an appropriate architectural design in broad-based
terms.
Hearn wondered how the proposed downtown design standards (reviewed at a recent study
session) would interface with this application, He sees a church as different than commercial or
retail. Molnar said there could be wording or code language for "design exceptions: based on a
unique function or existing function of a use or building,
PUBLIC HEARING
GARY AFSETH, 313 Ravenwood, architect, stated he met with the Historic Commission review
board on December 4, 1996 for the purpose of getting the Commission's thoughts on the project,
The full Historic Commission supported the project and suggested a roof pitch the same as what is
on the sanctuary, There was no discussion for a flat roof design along Lithia Way at that time,
Afseth's written testimony is included in the record and can be reviewed for additional details,
They have tried to create a campus plan, accessible internally for the participants in the Trinity
Episcopal Church, Due to ADA requirements, they have placed the future buildings on the same
floor elevations as the sanctuary, Afseth noted other buildings along Lithia Way that have a
stepped facade,
Afseth read a letter from Kay Atwood into the record,
Afseth noted the parish center and youth center are functions of the church, The wall along Lithia
Way was mentioned during the pre-app conference, They will work with the Historic Commission
and the Planning Department on the wall, They would be looking at stepping the wall so it is not
so abrupt but they are interested in including outdoor spaces to serve the church functions; namely,
two large spaces, one located between the existing parish hall and the sanctuary and the other
between the sanctuary and the future parish hall,
Afseth said they would like approval of phase 1 and approval of the concept for the master plan,
They understand it is reasonable for them to come back for future site reviews for the future
projects,
Howe wondered why phase 1 was conceived as a separate building, Afseth said, in discussions
6
ASHLAND PLANNING COMMISSION
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MARCH 10, 1998
, Ji~
with SHPO, they make a strong recommendation to separate historic structures,
Jarvis thought Afseth was probably aware of how concerned the City is of all the thoroughfares
such as lithia Way. Her concern is the view of the proposed buildings along Lithia Way which will
look like a backyard, particularly with the wall; the church will seem uninviting. That is a concern
because Lithia Way is a main street, Afseth said the future parish hall has its orientation to lithia
Way, The two-story structure will have openings facing lithia Way, The setback will allow for
benches and street trees, They will be looking at softening the opening to the youth center.
Gardiner said the City is coming up with a draft for downtown design standards, This project will
be right in the thick of it. Lithia Way will probahly be changing as years go by, Armitage
suggested this would be a good time for Afseth and the church members to get involved in drafting
the standards,
Briggs said rather than insist on a commercial look along Lithia Way she feels it is entirely
appropriate to have this aesthetic refuge for a particular purpose,
Jarvis asked if there was anything showing landscaping, commercial areas and percentage of
commercial use. Afseth reported the thrift shop and book sale area will represent about 30 to 40
percent of the ground floor area of the two-story structure, There will be restoration of the existing
landscaping mainly driven by construction of the administration building,
CATHERINE CHURCH, 166 Pilot View Drive, read a history of the Trinity Episcopal Church, She
said the parish hall was built in 1954 and when the sanctuary was placed on the national Register,
the parish hall was placed at the same time,
REVEREND CLIFF BLlNMAN, 759 Leonard Street, said the facility is well-used and they are an
integral part of the community, Their facility is well-used,
Jarvis asked Blinman how long it took to raise money for the first phase, Blinman said about a year
ago, When Jarvis asked if there were funds available for the long-range building plan, Blinman
affirmed, Afseth said they would be open to a two to three year approval with the opportunity for
an extension.
ED BRUBAKER, 197 Nutley Street, said a commercial area does not work very well if it is just
commercial. There needs to be a mix of uses for an area to work well. He provided his written
comments for the record.
WAYNE SCHUMACHER, 960 Mary Jane, stated in addition to phase 1 being presented to the
Commission this evening, the idea of a master plan for a campus in the downtown is before them
too, Let us deveiop it to look like a church, not a commercial downtown district.
Jarvis believes the church should be in the downtown, But when she looks at the master plan, she
finds the proposed buildings diminish the importance of the historic church, She believes SHPO
could give them some direction, As she looks at the tall buildings, it makes the beautiful historic
church look small. Also, the street scape is not the best for showing off the church or for
preserving its historic position,
ASHLAND PLANNING COMMISSION
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7
Schumacher said the church is clearly the central structure, Their concern is they would be
required to have commercial looking buildings which would detract even more from the campus,
They are seeking a campus to tie everything together,
Afseth said the programming requirements for the parish hall are defined in a document. If all those
spaces were on one floor, they would lose all the outdoor internal space which will support outdoor
functions of the church,
Jarvis moved to continue the meeting until 10:30, The motion was seconded and approved,
Staff ResDonse
McLaughlin said the use of the property is not a question or concern, Staff's concerns are similar
to the Historic Co-mmission and that is, architectural compatibility, The Commission does not want
to give the wrong impression to the applicant, He would caution them to be clear that the design
they are looking at is what the Commission does or does not want, The Historic Commission
moved unanimously not to approve the conceptual design, The applicants need very clear direction
as to what the Commission would approve,
Jarvis did not hear any testimony stating they needed approval of the master plan presented in
order to be granted funding, She would suggest approving phase 1 and stating conceptually the
Commission feels strongly the property should be developed as a church, The architect has very
clearly said this is not the final plan,
Hearn has trouble seeing how a church fits into the downtown design standards as well as using a
commercial look of a church, The Historic Commission does not want the new construction to
overshadow the old building, but does one purposely downgrade the buildings around the center,
Briggs is not looking for a commercial look,
Howe finds the roof of the phase 1 addition to be fussy and very definitely part of the design
program for the entire master plan, She does not like the way the proposed buildings address Lithia
Way, She does not like the way the buildings are distributed on the site,
Rebuttal
Afseth said the administration building comes out of the whole concept, They are trying to develop
an overall look to the campus, He did not feel the buildings fa<;ing Lithia Way were any different
than a two-story commercial building, He wondered if the Planning Commission has the right to
impose the future downtown design standards on this project, He believes the Planning
Department has led the Historic Commission in their decision, The Historic Commission should be
an unbiased body reviewing the project. He believes the future design standards have been
presented to the Historic Commission and have gotten in the way of what is right for this property,
Armitage said when they come back for Site Review they will be bound hy whatever ordinances or
standards are in place at that time,
COMMISSIONERS' DISCUSSION AND MOTION
Bass said there would be a certain irony to say phase 1 is acceptable but not the rest of the
8
ASHLAND PLANNING COMMISSION
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MARCH 10, 1998
:;:.'1" ,
project. He would approve the whole thing subject to fine-tuning,
Chapman cannot support denying a church style to a church, Walls along Lithia Way might be
necessary but the walls along North Main are attractive examples, He has some concern about
orientation of the buildings to Lithia Way, He does not want to feel like he is looking at the back of
a building, He is supportive of the conceptual design,
Howe likes the larger scale up and down buildings hut when the buildings get small they get fussy.
She does not think the youth building coordinates with Lithia Way very well nor does she like the
memorial wall coming out to Lithia Way. She would like to see a visual corridor from Lithia Way
into the public space that's between the new parish hall and the church so when driving by you
preserve a view of the church; it would look welcoming, She does not have a problem with the
architecture.
Briggs moved to continue the meeting until 11 :00 p,m, The motion was seconded and carried,
Hearn does not have a problem with the architecture,
Morris agreed with Chapman.
Jarvis believes the design, particularly on Lithia Way, is too big, There are innovative ways to deal
with the size so the church can be seen from Lithia Way, She is sorry the back flat building is not
being developed (because of its place on the National Register) and something lower on Lithia Way,
The design crowds the church, The wall provides a barrier for people along Lithia Way and feels
uninviting, The commercial buildings are designed to be open and inviting to the public, She would
like the mass moved back, She would agree to the master plan in concept only,
Gardiner agrees with Jarvis, He would take exception to the feeling this church property and the
Commission should let them do what they want to do rather than fitting into the community plan,
He believes the church is an important part of the community but it has to be developed with the
community in mind and some of the items being brought up are how the community develops the
property within the community, He is willing to give assurance the concept of a master plan but
not to approve anything beyond phase 1.
Briggs thinks the church would be sorry if we approved the master plan the way it is seen tonight.
The church may change their mind in the next few years about what they really want, In waiting,
she believes they will come up with something they will like better. If she is at the traffic light on
the corner (Lit hi a Way and Second) her eyes are drawn to the church steeple, She would like to
see the mass of the reception hall shoved to the back where the church is least attractive and have
smaller components of the master plan more towards Second Street, She would like to approve the
administration building but have them come back knowing the buildings can be church-like rather
than block commercial.
Bass feels the facility is consistent with the rest of the building and he would vote for option 1 (in
the Staff Report). He would like it to look more inviting along Lithia Way, He would like to see an
arbor on Lithia Way, He likes the general design hut would like it toned down,
Armitage believes it is appropriate for the buildings to look like a church, He would like to approve
the master plan in concept only, The approval will not tie the Commission into any approval of any
9
ASHLAND PLANNING COMMISSION
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MARCH to, 1998
schematic plan in front of them tonight,
Howe agreed the L-shaped building is where the building should occur, It would be far better to
have the larger things happening toward the back.
Jarvis moved to approve PA98-021, request for a conditional Use Permit and Site Review for the
construction of the 860 square foot administration building connected to the existing parish hall
(phase 1) and approve the campus master plan in concept and that the property should be
developed as a church, however, the Commission does not support the schematic design concept
or site plan, Include all the Conditions listed, The motion was seconded and carried with Jarvis,
Armitage, Howe, Briggs, Gardiner, and Bass voting "yes" and Chapman, Hearn, and Morris voting
"no".
TYPE III PUBLIC HEARING
PLANNING ACTION 98-015
REQUEST fOR AMENDMENTS TO THE LAND USE ORDINANCE INCORPORATING SERVICE
STATION SITE AND BUILDING DESIGN STANDARDS,
APPLICANT: CITY OF ASHLAND
McLaughlin said there was a letter from Attorney Dick Stark, representing Hawk Oil Company,
asking to continue this action for a month, The service station owners would like more time to
review, Staff would recommend accepting testimony and allowing for a continuance, One change
in the proposed language (page 3, Staff Report, C), they have lumped automobile fuel sales and
automobile repair facilities together. That was not the intent, Repair facilities would be under
standard design guidelines, Staff will make an adjustment,
Armitage announced this hearing will be continued at the next regular April meeting,
DAN HAWKINS, said instead of setting another date to hear this action, he would be interested in
forming a committee to address some of the issues, McLaughlin felt a Commission subcommittee
would be appropriate including a staff member. Commissioners Armitage, Hearn and Gardiner
volunteered,
A meeting was scheduled for March 18, 1998 at 7:00 p,m, (meeting place to be determined), All
interested service station members are invited to attend, The hearing will be scheduled for May,
OTHER
Retreat and Goal SettinQ
Possible date: May 9th
Ideas: Open discussion about how meetings are run, how time is allocated, and how much time is
spent on the first action versus the rest of the actions,
ADJOURNMENT - The meeting was adjourned at 11 :00 p,m,
10
ASHLAND PLANNING COMMISSION
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MARCH 10, 1998
ASHLAND PLANNING COMMISSION
HEARINGS BOARD
MINUTES
MARCH 10, 1998
CALL TO ORDER
The meeting was called to order at 1:30 p.m. by Second Vice Chair, Anna Howe.
The other Commissioner present was Barbara Jarvis. Mike Gardiner was absent.
Staff present were Bill Molnar, Mark Knox, and Susan Yates.
MINUTES AND FINDINGS
Jarvis moved-to approve the Minutes and Findings of the February 10, 1998
Hearing~ Board and Howe approved.
TYPE II PLANNING ACTION
PLANNING ACTION 98-022
REQUEST' FOR A SITE REVIEW TO LOCATE THE COMKUNITY HEALTH CENTER AT THE
EXISTING BUILDING AT 112 HELMAN STREET. A VARIANCE IN THE PARKING FROMTHE
REQUIRED 14 OFF-STREET SPACES TO ALLOW FOR NINE SPACES IS BEING REQUESTED.
APPLICANT: COl!IMUNXTY HEALTH CENTER
Site Visits and Ex Partp- Contacts
Site Visits were made by all.
STAFF REPORT
Knox noted the applicable criteria. The proposal is to relocate the Community
Health Center. The property requires some upgrading. A Variance is the other
part of the request in addition to the Site Review.
The existing structure is located at Helman and Central and is 4800 sq. ft. in
size. The applicant proposes to convert the building to medical and dental
health services for low income citizens of Ashland with some counseling
services as well. Site improvements will include general upgrading,
restriping of the parking, curb and gutter. improvements, and sidewalk
improvements. On the notice map, the site plan has been revised showing a
sidewalk that goes around the tree.
The applicants are eliminating the small mansard that wraps around the
building and propose to install an awning that wraps around the southwest
corner of the building. On the Central Street side, they are proposing to
replace the existing T-11l door entry to a glass front door.
The Historic Co~ssion reviewed the proposal and approved it. They asked
that an awning similar in design and materials as proposed on the elevations
also be applied to the side entrance.
With regard to the Variance, the applicant is required to have 14 parking
spaces. Seven spaces can be provided on-site and two can be provided
Ashland Planning Ccmmissjon
Hearing> Boord
Minute!!
March 10, 1998
off-site. They are asking justification for the Variance by submitting
letters from similar health clinics that have estimated the number of vehicle
trips versus the number of alternative mode trips. They also state a bus
shelter is within a mile distance of the clinic. There will be sidewalks
provided. Staff believes there are more on-street spaces than typically
allowed by the ordinance, however, there are five more spaces on-street that
can be provided to the facility. In addition, there is a public parking lot
on Water Street. The previous tenant operated under similar circumstances and
there were no complaints from the neighbors.
Howe wondered about the space provided for garbage. Knox said that is covered
by Condition 11. The site is not too accommodating right now and they will
probably end up carrying the garbage cans to the strip along the south side of
the building. When the street is improved there might be a better location
for dumpster facilities.
Jarvis thought it would be reasonable to allow the Variance but revisit it
after Central Street is improved to see if there is any area that could be
used for parking. She recalled there were complaints from the neighbors with
Pyramid's operation. Molnar said a Condition could be added to evaluate the
parking at that time.
PtlBLIC HEARING
RAY KISTLER, architect, 545 A Street, Suite 3, said the site has slopes
immediately behind the building. They are proposing building a wood platform
with a gate to the existing driveway. The garbage cans would have to be
walked to Central Street. They are asking not to build a dumpster enclosure
until Central is improved.
PEG CROWLEY, Executive Director, Community Health Center, explained they have
a separate weekly pick-up for hazardous waste.
Jarvis asked how many spaces the clinic in Medford provides. crowley said
they have 14 spaces with an average of ten staff members with patients
rotating. There is on-street parking also. The clinic will be comparable in
use. The building in Ashland will be slightly larger with a conference room
for small group meetings or staff meetings. Average staff in Ashland will be
eight. Several of the staff walk or bike and reside in Ashland.
Kistler said they will re-paint the
recovering the stucco-type system.
maintenance done to the property.
exterior and they are investigating
There will be lots of landscaping and
Concerning the Variance, Kistler said about 50 percent of the patients do not
drive. Parking will be open for the neighbors at night.
Crowley said the clinic will be open until about 5:30 p.m. a~d as programs
develop their needs may change and they may stay open until 7:00 p.m. or hold
classes at night.
Jarvis suggested parking could be added where the area in back drops.
mentioned when the Haines project moves in, the parking could fill up
She
on the
Ashland Plauning Commission
HeaJ"ings Board
Minut~
March 10. 1998
2
, \,'
street. The Grower's Market takes parking away in the summer and she reminded
the Commission that Bard's Inn was not allowed a restaurant use because of
lack of parking.
Crowley said as long as revisiting the parking would not change their
approval, she would be willing to look at finding more spaces after Central is
improved. She is committed to continually looking for additional parking.
Jarvis assured her it would not change their ability to operate the clinic.
Jarvis believes it is important to retain the outdoor area.
RON KELSO, 220 Patrick Lane, thinks this has more on-street parking than most
locations in town. He doesn't see a lot of on-street parking around condos in
town. When Central is completed, he sees there will be more parking
available. He is supportive of the project.
COMIaSS:IONERS' D:ISCUSS:ION AND MOTJ:ON
Jarvis is not enthused about
awning would be acceptable.
could be extended.
the installation of another awning. A flat
Kistler said there is an existing awning that
Jarvis moved to approve with the attached Conditions. Add that the off-street
parking be reviewed when Central is constructed (Condition 13). Off-street
parking for the site be evaluated under an Administrative Type I procedure in
conjunction with the design and construction of Central Street. At that time
the Staff Advisor may require additional parking on-site. Designate employee
parking. Howe seconded the motion.
ADJO~
The meeting was adjourned at 2:30 p.m.
hshbmd Pbnoing Commission
~lloatd
Minutes
Mm:b 10. 199~
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SUB ECT: .
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TE~IN~TION6F Acc~s~EASEMENT> ....
....;.
REQUEST
Mr. Roy Marvin and Mr. Rad Welles have requested the removal of a small triangular shaped ingress-
egress easement located at the southwest corner of Lot 1 of the University Terrace Subdivision.
BACKGROUND
The ingress-egress easement shown on the attached map was created with the recording of the
University Terrace Subdivision plot in February of this year. The easement provided additional
access width for the common drive at its 90 degree angle. Without the additional triangular
easement, it would be impossible for vehicles accessing Lot 4 to remain within the easement.
Lot 1 has recently been sold and the proposed building layout and development plans are in conflict
with the easement.
Mr. Marvin and Mr. Welles have agreed to establish a similar easement on Lot 3 if the easement or
Lot 1 can be extinguished.
The easement in question is not a public easement, but does carry the stipulation that public and
private emergency vehicles will have the right of use. Because of this condition, Amerititle has
insisted on the City's participation in this action.
RECOMMENDA nON
Staff recommends that this request be approved and that authorization be given for the Mayor and
Recorder to sign the attached quitclaim deed.
Attachments: Vicinity Map
Plat Map
Letter from Radcliffe Welles
Quitclaim Deed
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Windermere
Van Vleet and Associates. Inc.
3 March 1998
James Olson
Engineering Department
City of Ashland
Re: University Terrace
Dear Jim:
We recently sold lot 1 (formerly lots 1& 2) of the University Terrace subdivision. The new
owner objects to an easement over the southeast comer oflot 1 in favor oflot 4. We have no
objection to removing that easement, but concern was raised as to whether that easement, which
has the effect of easing the turn into lot 4, would effect the access of emergency vehicles.
If the City is not concerned with our vacating that easement, we will do so, but the City
will have to sign off on that vacation. Please let me know if the City would be willing to sign off.
Radc iffe Welles
cc: Barbara Allen
Leo Zupan, Broker
375 Lithia Way' Ashland, Oregon 97520 G:r [B
(541) 482-3786' Fax (54l) 482-4273 - ""'''"
John Zupan, Broker
1117 East Jackson Street. Medford, Oregon 97504
(541) 779-6520 . Fax (541) 779-2268
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FORM..... 721 - QUITClAIM DEED (1IlClIllIclUllI or Corpor...).
NO
~,_ ~1.-Nt;"l.AW.....-.....aco..l"ORT1.NlD.ORt1ZN
1\Qi::M8ylli:~:I~~:~!TI::Q~:K~!!r;~::::::
ST~~t~~~_~~_~~:________________ } M.
J certify that the within instrument
was received for record on the ______ day
of ______________________________, 19_____, at
__________ o'clock __.M., and recorded in
book/reel/volume No. __________ on page
_______________ and/or as fee/fiIe/instru-
ment/microfilm/reception No. ___________.
Records of said County.
Witness my hand and seal of County
affiXed.
------------------ciiifta:j;:;-IiUiiiiiidiiiiik;;.------------------
~~__~QPK~!!~__am>___~~_J!QPKm~________
-----------------~..-Hnind~------------------
AI'lIl' -.un,........1O <N-. AdlhII, Zlpl:
GM!!'!'~__;~_m__mmmmmmm__mm__m__
6M_~_~~~!:J!___________m_________mmm_
IlQ.Jm~L'!'_~_17.Q92mm____mm___mmmm__
UnaI......-cI~.....,IlItu:___lO(MInoI........Zlp):
sPACE RESERVED
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RECORDER'S use
~__;1:_M5m;_!\I?Q~___._________________
------HAiii--------------------fJiLE------
By ________________________________, Deputy.
QUITCLAJII DEED
KNOW ALL BY THESE PRESENTS lhal ____J!~_~IT!i__am>__~__~ID_QL!'o!i.~r,am>L~_~!~!!'.~_____
~W_.1N_=_CI:iX_QLMlIJ.am>_'__m'A'!'J;;_Qf__~____m__________._mm________________m__m_______,
hereinafter called grantor, for the consideration hereinafter stated, does hereby remise, release and forever quilclaim unto __________
RAIIDALL_JlQj>KINS.ANO_Jll\IlX._HQI'j\JJjSLJ!!.1~_~_mf~__m___________________________________m_m___________.
hereinafter caUed grantee, and unto grantee's heirs. successors and assigns, all of the grantor's right, title and interest in that certain
real property, with the tenements, hereditaments and appurtenances thereunto belonging or in any way appertaining, situated in
JACKSaL________________________ Counly, State of Oregon, described as follows, to-wit:
LOr 1 OF UNIVERSITY TERRACE SUBDIVISIQiI, IN THE CITY OF ASHLAND, JACKSCtl COONl'Y, 0REa::N.
THE PURPOSE OF THIS DEED IS TO VACATE THE EASEMENT GRAmED, DESCRIBED AS FOLLaiS:
AN INGRESS AND EGRESS EASEMENT OVER AND ACROSS THAT PORTIQiI OF LOr 1, FOR THE BENEFIT
OF THE aiNERS, THEIR HEIRS AND ASSIQiS OF LOr 4 OF UNIVERSITY TERRACE SllBDIVISIQiI, IN
THE CITY OF ASHLAND, COONl'Y OF JACKSCtl AND STATE OF OREG:ll, WHICH EASEMENl' IS OVER
THE saJTHWEST CXlRNER OF LOr 1.
(IF SPACl:; INSUffiCIENT, CONTINUE DeSCRIPTION ON RE'YEFlSE)
To Have and to Hold the same unto grantee and grantee's heirs, successors and assigns forever.
The true and actual consideration paid for this transfer, stated in tenns of dollars, is $____Q~_QQ_____________. CIl However. the
actual consideration consists of or includes other property or value' given or promised which is 0 part of Ihe fJ the whole (indicate
which) consideration.CIl (The sentence belween the symbols~. if not applicable. should be deleted. See OKS 93.030.)
In construing this deed, where the context so requires, the singular includes the plural. and all grammatical changes shall be
made so that this deed shall apply equally to corporations and to individuals. J A ~
IN WITNESS WHEREOF, the grantor has executed this instrument this _(g,__::;_ day of _~_____________, 19.98._; if
grantor is a corporation, it has caused its name to be signed and its seal. if any. afftxed by an officer or other person duly authorized
to do so by order of its board of directors. THE CITY OF ASHLAND, A MUNICIPAL CORPClRATICN
THE CITY OF ASHLAND, STATE OF CIREO:N, BY:
THIS INSTRUMENT Will NOT AllOW USE OF THE PROPERTY DESCRIBEO IN
THIS INSTRUMENT IN VIOlATION OF APPLICABLE lAND USE lAWS AND REGU.
lATIONS. BEFORE SIGNING DR ACCEPTING THIS INSTRUMENT. THE PERSON
ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPRO.
PRIATE CITY OR COUNTY PlANNING DEPARTMENT TO VERIFY APPROVED USES
AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST
PRACTICES AS DEFINED IN ORS 30.93D.
ROY
STATE OF OREGON, Counly of ____,zp,______mm_m__mmm_) 55. {p ~
This instrument was acknowledged before me on ______~tJ______________.::_________, 19_____,98
by nn_n__n___________m______________________mm__n_____________n___mm____n____m____h_.
This instrument was acknowledged before me on ______________________________________, 19_____,
hy____________________m_______m___________________n_________________mm_______m________m___
as _____________~______________.________________________________________________________________________
.
O~~l .sEAl--------- ~.----------------.----------_________________________________________________________.
EVA ZIEMBA
NeTtI;:!.; PUBLIC. OREGON
COMMISSION NO. 055422
MYCO/,fUISSIOIIEXPlRUJULYZI.znal
N~t~ry-p~bii~.i;r-O~~g~_;;----------------------------------------
My commission expires _________________________________________
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April 8, 19981 ~~
:jl;~I~,=,,_=_. '..
ulLJl:5vL:.;U ~_
From: Residents and Property Owners of the Mt. Ashland Community__.........,
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To: Ski Ashland
Alan Deboer,City of Ashland Council Member
Mayor Cathy Shaw, City of Ashland Council
Commissioner Richard A. Holt, Jackson County Soard of Commissioners
With this letter we, Residents and Property Owners of the Mt. Ashland
Community, express our concern that Ski AShland and the City of AShland is in the
process of contracting with Callahan's Restaurant
Many of us participated financially and in other ways supported the Save Mt.
Ashland campaign which ultimately brought Mt. Ashland under the ownership of the
City of Ashland. We now strongly object to your contracting with Callahan's
Restaurant, an establishment that is in violation of Oregon Revised Statutes 377.725
and Jackson County Land Development Ordinance 280.080 VI in the construction of
a large billboard on the wooded hillside above above 1-5, Exit 6. We also question the
appropriateness of the City of Ashland promoting any business through an advertising
contract.
We believe that this action, regardless of the possible eventual placement of a
billboard of this size and nature closer to the restaurant, totally ignores the
commercialization of an area of great scenic beauty that is the entrance to the State of
Oregon and to the Rogue Valley. Our MT. Ashland community is well aware of the
illegality of this billboard as a violation of an Oregon Statute and County Code, and
have been kept informed of thea progress of the case from the original illegal
placement of the billboard to the current pending counter suit that has yet to have its
trial date set in Judge Cooney's court. Both Jackson County and Oregon Department
of Transportation personnel have been kept alert to the Mt. Ashland Community's
resentment over and opposition to the illegal billboard.
Residents of the Mt. Ashland Community feel that in their contracting action with
Callahan's Restaurant, Ski AShland and the Ashland City Council are further aiding
and abetting the billboard pollution and commercialization of our living space. Such a
billboard constitutes litter on a stick and, unlike a disagreeable TV ad, cannot be
switched off.
We ask you not to contract with any business or organization that is in violation
of State or County statutes or ordinances. We ask you to suspend and/or void your
contracted relationship with Callahan's Restaurant.
(Residents and Property Owners of the Mt. Ashland Community, clo D.S. Wessler,
11800 Hwy 99S, Ashland, Oregon, 97520)
590 Glenview Drive
Ashland, Oregon 97520
April 16, 1998
- .......1-~,.1\.'i~r-\D.
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Mayor and City Council
Ashland, Oregon 97520
A month ago at Council meeting I had asked that you bring pressure to bear upon Ski Ashland, as
a City entity, to terminate their corporate sponsorship contract with Callahan's Restaurant,
while that restaurant is in violation of County rules in regards to their illegally installed
billboard. The liaison is a negative reflection imposed upon the entire community. (Council
discussion was postponed to April 21 st.)
In the interim, Ski Ashland Board of Director's President, Alan Deboer, has been trying to
negotiate a legal compromise with the county and the restaurant. This mayor may not come to
pass. That is outside my realm of immediate concern. Mr. Deboer also told me that the Ski
Ashland leadership has chosen to let their two year contract continue during its remaining one
year duration. Their choice to conduct "business as usual" is distressing; they could have chosen
to take an active pro-environmental lead, especially at this time when their expansion plans are
under close environmental scrutiny.
Therefore, During the April 21 st City Council meeting, I'd like to ask you to consider and adopta
resolution that would prevent future sullying of our stated community values, that is, /
"Sustainable Ashland, where green becomes mainstream". The following resolution language is
open to revision without losing the intent. (italics are not part of the resolution language)
Whenever the City of Ashland enters into a contract with an adjunct entity, (e.g. Ski
Ashland, Golf Course, etc. ) , or modifies an existing contract, it should state that the
adjunct entity, in turn, may NOT enter into a contract with any third party, (e.g. XYZ
Restaurant, etc.), which is currently in violation of any city, county, state or federal
law.
Furthermore, that the adjunct entity must place into any contract with a third party,
that the adjunct entity MUST VOID THAT CONTRACT, without penalty, if the third party
violates city, county, state or federal law, or in any way undermines the stated values of
the community.
Respectfully SUb~ _
, "'-../U~1?1O
Brig s U'
April 8, 1998
From: Residents and Property Owners of the Mt. Ashland Community
To: Ski Ashland
Alan Deboer,City of Ashland Council Member
Mayor Cathy Shaw, City of Ashland Council
Commissioner Richard A. Holt, Jackson County Board of Commissioners
With this letter we, Residents and Property Owners of the Mt.
Community, express our concern that Ski Ashland and the City
is in the process of contracting with Callahan's Restaurant.
Ashland
of Ashland
Many of us participated financially and in other ways supported the
"Save Mt. Ashland" campaign which ultimately brought Mt. Ashland
under the ownership of the City of Ashland. We now strongly object to
your contracting with Callahan's Restaurant, an establishment that is
in violation of Oregon Revised Statutes 377.725 and Jackson County Land
Development Ordinance 280.080 VI in the construction of a large
billboard on the wooded hillside above 1-5, Exit 6. We also question
the appropriateness of the City of Ashland promoting any business
through an advertising contract.
We believe that your action, regardless of the possible eventual
replacement of the subject billboard with another large, double sided
billboard closer to the restaurant, totally ignores the
commercialization of an area of great scenic beauty. An area that is
the entrance to the State of Oregon and to the Rogue Valley. Our MT.
Ashland community is well aware of the illegality of this billboard as
a violation of an Oregon Statute and County Code. We have been kept
informed of the progress of the case from the original illegal
placement of the billboard to the current pending counter suit that has
yet to have its trial date set in Judge Cooney's court. Both Jackson
County and Oregon Department of Transportation personnel have been kept
alert to the Mt. Ashland Community's resentment over and opposition to
the illegal billboard.
Residents of the Mt. Ashland Community feel that in their contracting
action with Callahan's Restaurant, Ski Ashland and the Ashland City
Council are further aiding and abetting the billboard pollution and
commercialization of our living space. Such a billboard constitutes
litter on a stick and, unlike a disagreeable TV advertisement, cannot
be switched off.
We ask you not to contract with any business or organization that is in
violation of State or County statutes or ordinances. We ask you to
suspend and/or void your contracted relationship with Callahan's
Restaurant.
(Residents and Property Owners of the Mt. Ashland Community, c/o D. B.
Wessler, 12800 Hwy 99 S, Ashland, Oregon, 97520)
April 17, '1998
To the Mayor and Council Members
City of Ashland Ashland, Oregon 97520
Re: EXEMPTION OF SCHOOL DISTRICT FROM CITY SDCs
"The purpose of the Systems Development Charge(SDC) is to
impose an equitable share of the public costs of capital improvements
upon those developments that create the need for or increase the
demands on capital improvements." (SDC ordinance Section 4_20.020)
In the interests of equity, the Council should grant the
Ashland School District an exemption from City SDCs. An exemption
may require an amendment to the SDC ordinance, the Council can make
that amendment. The SDC ordinance currently exempts housing for low-
income and elderly persons if such housing is exempt from property
taxes under state law. The ordinance also provides for deferrals of
SDCs on affordable housing (with a permanent exemption if affordable
housing requirements are met for a twenty-year period).
The school district does not create growth and demands for
infrastructure capital improvements. The school district is burdened
by growth through the resultant needs for expanding K-12 educational
facilities. The school district should not be further burdened by
assessments for SDCs for new water lines, new sewers, expanded trans-
portation facilities, etc. The Council should grant the school
district the relief from City SDCs that ~t is requesting.
L~~,)v lLcl~~.,-
John W. Nicholson
RtctJ 41'.
'1/2
o 1998
Ashland, Oregon 97520
Re: EXEMPTION OF SCHOOL DISTRICT
To the Mayor and Council Members
City of Ashland Ashland, Oregon 97520
"The purpose of the Systems Development Charge(SDC) is -to
impose an equitable share of the public costs of capital improvements
upon those developments that create the need for or increase the
demands on capital improvements." (SDC ordinance Section 4.20.020)
'IIl the interesi;s o"f equity,thtO! CO'linei.. shou..d granti;he
Ashland School District an exemption from City SDCs. An exemption
may require an amendment to the SDC ordinance, the Council can make
that amendment. The SDC ordinance currently exempts housing for 10w-
income and elderly persons if such housing is exempt from property
taxes under state law. The ordinance also provides for deferrals of
SDCs on affordable housing (with a permanent exemption if affordable
housing requirements are met for a twenty-year period).
The school district does not create growth and demands for
infrastructure capital improvements. The school district is burdened
by growth through the resultant needs for expanding K-12 educational
facilities. The school district should not be further burdened by
assessments for SDCs for new water lines, new sewers, expanded trans-
portation facilities, etc. The Council should grant the schoOl
district the relief from City SDCs that \t is requesting.
i L~v l~ \LeLC~,-
John W. Nicholson
Ashland, Oregon 97520
.
M
E
M
o
R
A
N
D
u
M
To:
From:
. Date:
Subject:
Honorable Mayor and City Council
Mike Freeman, City Administrator
April 17, 1998
School District Request for Exemption from System Development Charges
The City has received a request from the Ashland Public Schools for an exemption from the City's
systems development charge for a new theater at the High School and new classrooms and a
gymnasium at the Middle School. The School District's rationale for this request is that the funds
which would be paid to the City for the systems development charges would be better spent on
other capital improvements that would benefit the youth of the District. The systems
development charge the City has assessed the District totals $175,706.
The Ashland Municipal Code includes the following statement regarding system development
charges.
"The purpose of the systems development charge (SDC) is to impose an equitable share of the
public costs of capital improveme""ts upon those developments that create the need for or
increase the demandsfor capital improvement." Section 4,20.020
Systems development charges are imposed to offset the impacts of development on the City's
water, sewer, storm drainage, transportation and parks systems. It is the City's understanding
that the School District was aware of the requirement to pay systems development charges at
the time of developing the overall budgets for these projects which were included in the bond
measure approved by the electorate of Ashland.
The City Code does provide for limited exemptions to systems development charges. These
exemptions include subdivisions which have already paid the systems development charge as
part of their initial construction and for low-income and elderly housing that are exempt from
real property taxation. No other exemptions are provided for in the City Code,
Staff Recommendation: It is the staffs recommendation that the School District not be
exempted from paying the systems development charges. The rationale for this
recommendation is as follows:
o The City Code does not provide for the exemption of municipal corporations from the
system development charge (in fact the City pays system development charges on its
projects)
.
o The School District is aware of the need to pay this charge and has included this
payment in its overall project budget
o It is consistent for Cities to assess systems development charges to School Districts in
the Southern Oregon area (see attached document)
o Other governmental and not-for-profit organizations have requested exemption from
systems development charges that have not been granted
o Allowing this exemption allows for the erosion of the City's ability to assess systems
development charges in the future
At this time, City staff recommend that the School District be required to pay the system
development charges that have been assessed. Should the City Council wish to make policy
changes in the way that systems development charges are assessed, it is the recommendation of
the staff that such a policy review take place later this year.
.
SDC's CHARGED OR WAIVED FOR NEW CONSTRUCTION
OR REMODEL OF VARIOUS SCHOOLS IN OREGON
CITY OF MEDFORD
No SDC fees waived for:
Abe Lincoln Grade School (new school)
Sanitary $28,980
Storm $26,304
(The school district paid for a new street so there were no street SDC's)
$18,000 was paid to extend the sewer line.
Jackson Grade School (Remodel)
Street $3,722
Sanitary $1,650
RCC (Remodel)
Street'
Sanitary
$23,943
$ 7,805
The City of Medford has a policy that if anyone wishes to have their SDC' s waived
they have to go before the Council. If the Council would ever choose to waive fees,
they must come up with the money from another fund to withdraw from to deposit in
the SDC accounts.
CITY OF NEWBERG
No SDC fees waived for:
2 new schools (fees listed for both)
Sewer $35,200
Water $20,400
Transportation $143,416
CITY OF KLAMATH FALLS
Mazama High School gym re-building,
No SDC's were required for this rebuilding as there was no enrollment change
and no impact as to the net volume. The City of Klamath Falls has SDC's only for
water and sewer and none for parks and transportation. In the event someone wishes to
have their SDC's waived, they would have to go before the council.
CITY OF GRANTS PASS
SDC fees are not waived for school buildings.
,
ASHLAND PUBLIC SCHOOLS
o
JOHN M. DAGGElT, Ph.D
Su~riDtcndcnt
BOARD OF DIRECfORS
ALAN DeBOER
TERRY LrITLETON
JOHN MAURER
KENT PROVOST
DAN mORNDIICE
KAREN DALRYMPLE
District Execudve Director
Students, Parents, Communlly, and District Staff
working together to ensure each other's success
LOREN R. LUMAN
Business Manager
April 14, 1998
f{DJ ~ [& ~ a w ~ (fl)
UIJ API?, 6 r9m I~I
CITY OF ASHLAND
Greg Scoles
Interim City Administrator
20 East Main Street
Ashland, Oregon 97520
Re: System Development Charges
Dear Mr. Scoles:
Enclosed is a copy of a resolution passed by our School Board at its regular session on Monday,
April 13.
I would' like to be placed on the new business section of the agenda for the next City Council
Meeting to give a five minute explanation of the School Board's resolution.
If you have any questions, please do not hesitate to call me. Thank. you.
Sincerely,
J~
Superintendent
JMD/jp
Enclosure
ADMINISTRATION BUILDING
185 SISKIYOU BOULEVARD
ASHLAND. OREGON 97510 541-48:1-:1811
FAX 541-48:1-1185
RESOLUTION #98-3
WHEREAS, the Ashland School District is a fully tax supported public essential
service.
WHEREAS, we have a long standing partnership with the city in support of the
best interests of the children of the community.
WHEREAS, the City of Ashland and the Ashland School District are the only
Municipal Corporations in our community.
WHEREAS, we believe it is not in the spirit of System Development Charges to
have one municipality charge the other for its own capital improvement.
THEREFORE, BE IT RESOLVED that the Ashland School District Board of
Directors requests that the Ashland School District be considered a unique and special
essential service and that all monies dedicated for Systems Development Charges be
exempted by the City for the sake of providing enhanced services directly for the
community's youth.
,
MEMORANDUM
CITY OF ASHLAND
Department ofCommnnity Development
Pltmlllng DIvision
DATE:
March 12, 1998
TO:
Honorable Mayor and City Council
FROM:
10hn McLaughlin, Director of Community Development
RE:
.ARhland Public Schools
Request for Systems Development Charge Waiver
BACKGROUND
The .ARhland 8,chool DiStrict,is ~ underway with constlUdion.oftWollllllqr proj~ a'new
theater buiJ.r"" on the high school cainpus, and new cIassrooms'8Jid'Sy.m""zlllm.&t'thfjlDiiddle "
schooL As part of the approval of building permits for these buildiDgs, systems development
charges were assessed. The district is a,ltillg for a waiver of these fees ($175,706.64)\baSecI'
primarily on their plannlllg ,sm''''P'lODS ~ there will be no enrollment growth over the liext ten
years. A separate qument regUdhig itonn cliaiDagels that they cIisohatgetheiritomi.yiaterinto
aditchaloDaBast. . MalnStreetoutsldOoftheCi1y~ " .'.'q'" . , '.(.
. ~ . , . t:.... :", r.
Frointbe~~IMdMunicipilCOdecOuiesthefonowinSpurposelltlltell'eftt. ..' ",,' '''~'
. . _. ':. '._."..j . ~.' _~ . . ,..' " .. .'. '-... I.: i.
,....'. .' ;"~~" ~."'"~,.....;..., . mv.llStO 'an ." table,. .
,'," . . ~~ .8)181em8 " ""P'.....~,charge, . I~" "Impose .-.
"OJthepdlic'cOsililf Mli4t~.. '. .,t1iosetJeve~.~,the~'
lor"or~dIe~'Oiicapum~:';i-sea40Di4I2O~\~iil$1"'k'.'1t,~
eonOctioil ofsDc~~ b'~~'\~er AMc'4'~l010conectloil.~; ,,..:,If;... :,", , :/li.'
""..'f..,.. :~',., - ":. ..,...:.....p~...,-,. ..:;.!.-~r~'~ ':''"'~',':;"",:,'~'{'I''~:--~;.il:il..-.V;:'f'I.:J'!:''}~c'~'" "11:..>I;I,':~-:r'
. ~zhe ~deVelopmmt ~ Is payable Upo",' in4itis'(i'cOtdtlOn~'I8srIll1ICi;otI" .
~.:..t...l'."" ......'. . .J. "..i,.~,.J,'",,,;... .,..' , ,'......,..
.tuI..~,. ,\ ' ,:.' ~... t I. ':~":' . ..... .... _ ., .~ ~ ...... . . , ".' ,'"
1. A buI!(lhrgorplumbmgpennItI01!adiv'etopmentrCir ". " . . '.;
2. ' A.pe;.nu.ijOra~notTequtrJng(tMitsSiuiMe'olt1i1J#t1ditig!J "ii.'
...fl/',..t~.,.. "d' ~...;'. .,'.,'" ..-~ ,I r." ", p'
permltf'tJII. '" ....... ". ., ., " e', . , '.,,' . '.1., ,'.,
A permit or other authorlzatJon to connect to the water, sanitary Sewer or
"st~~~'&is!~ ",' '.. ':.:' ..>,"., ,;;., ',;,.; ':';
~""i'~" ,....~i~... ~l.~~...~t.~~:l'.~ " 0.-
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4. A planning action or change in occupancy (as defined in the Uni/onn
Building Code) that will increase the demands on aIO' public factlity for
which systems development charges are charged ..
Exemptions to SDC's, as outline in 4.20.080, are limited to developments, such as subdivisions,
which had already paid SDC's as part of their initial construction, and for low-income and elderly
housing exempt from real property taxes. No other exemptions are listed.
Deferrals may be granted for affordable housing under 4.20.085, and may be ultimately waived
after 20 years of occupancy by incomo-quaJi1Ying residents.
SDC credits may be granted iftixture units are being replaced, or when the developer constructs
public improvements that are of benefit beyond the immediate development. For example, if a
developer constructed a water main down a public street to access his property and that main
allowed for abutting properties to benefit from increased water availability, tbecosts associated
with the improvement that were not attributable wholly to his development would be eligible for a
credit. . . .
Appeals to systems development charges are described under AMC 4.20_100.~,aplllicants
to file the necessary information to determine if a waiver or reduction in SDC's is wamntcx[ As
~iJ:l!#-~,4~,.lOO.G. ~:The.~1Jtpz(.' ..fh4Jl.. .....,~tlle.lJut:dIn.,. 'diit=_,.. .rtJ;., . ,
tfetermb.ratl0n beingoppea1edts incoriectondwhat the con-eqt',. .,' :.. ;.... ....l!!6....:..'
~ . . . ' ~'.,: '..' -': .:~.,., ;. .
..... l .~. .. ," J, ~~ _ ; , . .' ", ',~ i .
. STAFF RESPCl)NSE,..
I ", 1" "';.. . .' .' " .
systems deve1opmeOt charges are imposedtQotrset ~ imp8Clt$;~,dCy~~.i1i~';9~\~~.C!::ity's, ...
systems ?fwater, sewer, storm ~ ~~on8nd paticS..~~;P:l@tti$.~'i.4~:,.
by the City are based upon potential ""P'1ct8 of development. For examplbi't1ie',~~ fOn
:::~~~~mo=:~Z=tinie,~~A~~~~
toda)'tbatQQly~~.p~.~ ~~'~'~~~~I~'~!'l~' . ~isnot
'aUssue.". . ,..... '.. .' CSl . . ,
,. . ....~,~~~._.~,..!&Q=~~_.. .~. .', .~
develo otWl" ,~.+..,... .. .... . 1Ol.' .' '; h:~
~"""_"-.~". !~~~~.. It. ........,~.:~ ..~-~....:.. ........'~,~~,~' "..,,' . '. .):\.\.
. ..' .... ..'~'.~.._" " ". " "".~.:.i",'n"'~~\'."".~
WhiletbeSchool~is. t~ ~~fF. ~~. .~.' .
...... H Jlq.,., .... 98.~......jI.,<> ."...~}P.t~.,. . .. '. ,.&"
populations that can be iccoriuDoclateCf bas been li1CieiSed. Ulerero~"~ i \" .;,"\'1' ~
creating, ~ ~:Wil1:~.~;~~,.98Il~,tP'~!:t'~0<l~~ ~~d~;. ..- teIl.mg.' . :~ears.
Further, it should be recogroi,..oo that botli the ilnProvementsto wC'Ml' Wi'. ',' . " .' .
School theater will allow:.(<!f. ~P.U\?1iA_qri~p.t, ~~ l~!p.);This"' i~ the
peakd~~1!4 ~~~;~~~d~<~~Pr;~}'!'~~~~'to.~mmodatethat
peak, even if the day to day po OtIS' \8QMewIIIIlOO Jlf'i\ :,::' . .
... .....
.,. . .~.. .. >' ':. " '-. " . . . . ..... . - .
Regarding' _ dralnase, while the district is.ii~ PIallilla~.~~\water-Il1to.adltohalong
Bast MaIn Street, that ditch is located within the airs uroan gowtlHkJcmdatwand1wlUtultlmAteIy
be part of tho City's storm drain 8)'8tem. '1)0 cI1tc:h will ultlmfttety,be'convertedltoJa'p~
covered stonn drain system that will be the responsibility of the City. It is only prudent that the
City be collecting funds to construct those future improvements.
The school district has indicated that should the waiver be granted, they can then use the funds to
further enhance their development projects. While we strongly support the district and their
improvement projects, it must be remembered that should these fees be waived, then the cost of
the future improvements to the City's system to support these developments will be bome as an
additional cost by city residents, either through increased utility costs or taxes.
When the School District was preparing the cost estimates for these new development projects for
inclusion in their bond measure, they were made aware that SOC's would be required for these
projects. It is our understanding that these costs were factored into the overall project estimAtes.
We believe that the school district, as a member of the commnnity, is obliged to pay their fiIir
share of impact on the city's systems, similar to the """",inder of Ashland's citizens.
enclosure:
SDC Ordinance - AMC 4.20
School District correspondence
;;
BOARD OF DlREcroRS
AlAN DeBOER
TERRY LI1TLETON
.JOHN MAURER
KENT PROVOST
DAN mORNDIKE
ASHLAND PUBLIC SCHOuLS
o
ee: tlf- .'
~/A.
J~"r.s. DAGGETT. Pb.D
Superintendent
KAREN DALRYMPLE
DlItrtet Ez:ecutlve Director
Students, Parents, Community, and District Sta.ff
working together to ensure each other's success
LOREN R. LUMAN
Business Manager
February 10, 1998
Greg Scoles
Interim City Administrator
20 EaSt Main Street
Ashland. Oregon 97520
Re: System Development Charges
Dear Mr. Scoles:
I am responding to your letter ofDeceinber 29, 1997, in which you cite the System Development
Charges for the A"hlAnd Middle School claSsroom. Ashland High School Theater, and Ashland
Middle School GymnasiUm as tota1in8 $167,537. Since that date, the actual fees have totaled
$175,706.64. You also indicated in your letter that the municipal code allows for some
8djustment in the methodology for determining the fees when the fees are "grossly
disproportiouate to the actual impact of the development" .
I am again requesting a waiver of the system development charges for these projects because the
fees are grossly disproportiouate to the actual impact of the projects. There will be no new
d"'"smd" placed on city services. Below is site-specific data:
. 'lbere will be no increase in the number of students or staff as a result of the projects.
Therefore, the new consIrUcUon will place no new d",""nds on the City Water and Sewer
systems.
. Student enrollment projections have been compiled by the School District's Demographer,
Lyle A. Stewart. No enrollment growth is projected over the next 10 years.
. The School District anticipates measurable reductions in water consumption at the High
School and Middle School campuses after the ne~ buildings are brought on line. At the High
School Theater and Commons, 19 water closets and 8 urinals were replaced with new 1.6
gallons per flush fixtures. Most of the old fixtures were 45 years old and consumed up to 7
gallons per flush. At the Middle School, approximately one-half of the Student Body will
relocate to the new classroom building and stop using the existing 37 year old fixtureS.
ADMJNJSI'RAnON BUILDING
I15IlISKlYOU BOULEVARD
ASHLAND, OREGON 91520 "1.ca.2811
FAX "1.c82-2185
Dr. John Daggett
Re: System Development Charges
December 29, 1997
Page 2
Our staff is prepared to discuss this issue with you further should you want us to
consider a revised methodology. However, please be advised, based on our current
understanding of the projects, it is not anticipated the results would be significantly
different than the current ones set forth above.
I hope this information is helpful. If you have any further questions, please call me.
Sincerely,
coles
City Administrator .
GS:fb
~
cc Loren Luman, Ashland School District
Till Turner, City of Ashland
Paul Nolte, City of Ashland
lohn McLaughlin, City of AshlAnd
it
..............,
. .,.....
- .,
C I T Y
ASHLAND
"'I\--L
/.
o F
CITY HALL
ASHLAND, OREGON 87620
December 29, 1997
Dr. 10hn Daggett
Superintendent
Ashlnnd Public Schools
885 Siskiyou Blvd.
Ashland, OR 97520
Re: System Development Charges
Dear 10hn:
We have reviewed your request for a waiver for system development charges for the
Ashland High School 'Theater complex, and the Ashlnnd Middle School classroom and
gymnil..mm. .111e Municipal Code does not provide a process for a waiver to these
fees. except for projectspredtltiqg the oroinnn<:e or housing projects for low-income or
the eldMly. . .
We have, h~. prepateda pteliminnl')' workshee'.t of system development charges
based on the cm'1iWmethodologyadopted by the City Council. psing this
mediodology 'thefees would be as fonowa: ' .
"
AslJli1nd )A'MdJe School CJ811sroom
ASJ.lnnd High'School Theater
Ashli1ndWddlC School Gymnasium
. .....,'. TOTAL'" .
$104.062
. ".$ 36,590 .
.~
1l~.~1
These fees would include water.'8tI"'tnl')' sewer and storm drain. There are no fees
for transpOrtation or parks and 'recreation.. . '.
The code does allow for some adjustment in the methodology (sec. 4.2O;OSO.F.) for
unique circuJnstances when the fee is · grossly disproportionate to the actual impact of .
the development.. In oroer to justify a modified methodology, you would need to
submit site-speclfic data to support a revised calcltliltion. An analysis of the special
circumStances would also be required, based on the new slte-specific data.
I'
I. .'
BOARD OF DIRECI'ORS
ALAN DcBOER
TERRY LfITLETON
JOHN MAURER
KENT PROVOST
DAN mORNDIKE
ASHLJAND PJJBl.IC SCHO,-,LS
o
0... . l'I""'c.J
1',*"111.-
~"'(G .'
::II <.. <... .- Lv f'~
JOHN M. DAGGElT,JiI.D
Superintendent
KAREN DALRYMPLE
District Executive Director
Students, Parents, CommunlJy, '" d District Staff
working together to ensure each other's success
WREN R. LUMAN
Business Manager
November 12,1997
roJ [f (f,UU \V! f::
l1lJ lNov I 4.J I
,..., I
'L..i
Mr. Greg Scoles
Interim City Administrator
20 East Main Street
CITY OF ASHLAND
Dear Mr. Scoles:
The City of Ashland's schedule for calculating Systems Development Charges states in part that "System
Development Charges are assessed because of the demands put on City Services Charges collected will
cover Water, Sanitary Sewer, Transportation, Storm Drains, and Parks and Recreation costs. " The
School District is requesting the waiver because there will be no new demands placed on City Services
by construction of the AHS Mountain Avenue Complex, and the AMS Classroom and Gymnasium.
For the two major construction projects, the scheduled City of Ashland System Development Charges
will to1al approximately $191,000.00. The majority of the charges (approximately $180,000.00) are
being collected for Water and Sanitary Sewer systems. The number of Students, Faculty, and Staff will
not increase because of the new construction. Demographic projectionS for student enrollments show a
steady decreaSe in student population up through 2002, the last year of the study period. We expect .
water consumption at both the Middle School and High School to decrease substantially in future.years,
not only becallse of fewer students, but also because dozens of old, inefficient plumbing fixtures' are .
being replaced with new water conserving fixtures.
Since the to1al number of Students, Faculty, aild Staffwill not increase as uesultof1:hil construction, no
increased demand will be placcid on the City Transportation System.'Fhe Ashland Middle School
construction will add approximately 80,000 ft2 of impervious area (roofs, sidewalks, and parking lots)
once construction is complete. All of the storm runoff from the project will be discharged from a new
15" Storm Sewer, paid for by Ashland School District #5, into a ditch along Bast Main Street - outside
the City Limits. The City is not responsible for the storm runoff after it leaves the site.
Sincerely,
J2:5:- DIlE
Superintendl
"
JMDljp
ADMlNlSI'RAnON BUILDING
185 SISKIYOU BOULEY ARD ASHLAND, OREGON 97520 541-482-2811
FAX 541~185
February 9,1998
Page Two
. The City is assessing the School District a Storm Sewer SDC for the Middle School
improvements. All of the storm runoff from the project is being discharged from a new 15"
storm sewer (paid for by the school district) into a ditch along East Main Street -- outside of
the City limits. The City is not responsible for storm runoff after it leaves the site.
In addition to the above site-specific data, other factors support our request.
. Other school districts in the region have had their System Development Charges substantially
reduced or eliminated. For example, the system development charges were totally eliminated
for the new Abraham Lincoln School in Medford and for the Mazama High School
Gymnasium Complex in Klamath Falls.
. Legislators have discussed the issue of schools being exempt from system development
charges, as well as being possible recipients of revenues created by system development
charges. The reason is that schools are part of the infrastructure of the total community. This
issue will again be discussed at the next legislative session.
Should you grant our request for a waiver of the system development charges, we intend to use
those funds to further enhance the projects. For example, we would develop an all-weather track,
enhance the soccer field, and pave the entrance to the'sites. These enhancements will benefit the
school district as well as the entire community.
We believe the district has been fiscally responsible and creative and has, therefore, been able to
continue to provide a quality education in spite of declining revenues. We are asking for your
help in this endeavor, and hope you will grant our request for a waiver of the system
development charges,
Sincerely,
~~"---
Loren R. Luman
Business Manager
LRUjp
"
.
MEMORANDUM
CITY OF ASHLAND
Office of the Mayor
DATE:
TO:
FROM:
RE:
April 15, 1998
All Council Members
Cathy Shaw, Mayor
APPOINTMENTS/REAPPOINTMENTS TO COMMISSIONS
I would like to seek approval of the following appointments/reappointments for
expiring terms or recent resignations as indicated below. Letters of application
have previously been provided.
AIRPORT COMMISSION
Members (3-year terms expiring April 30)
First Elect
'98 141951
'98 IS19l1
'99 151961
William Skillman, 635 Oak Knoll Drive, 2-2148 (Requests ReapptJ
REAPPT TO '01
Jel" ,ifer 111111, 1:>2 01111 '9s A. Sloue, 2 243S (Requests Reappt)
APPOINT Alan Hassell, 250 Dead Indian Memorial Road, 8-1754
Jol.., Ysan..!l,,5, 370 CIO..501, Road, 2 2830 (Resigned 2/98)
APPOINT Paul Rostykus, 132 8th Street, 2-2823
AUDIT COMMITTEE
Members (3-year terms expiring April 30)
First Elect
'98
'98
Robsl t DOl-isl, 108 rifth :Jt #1, 2 3C46 (c;itizsl ,/3y r) resigned 12/97
VACANT
Barbara Christensen, City Recorder
Mlllt!l, La.il,s, CPA, PO Dox 40S, :2 7801 VACANT
(Budget Committee Member/1 yr term)
~~(J
'J-v\
q~~\~\~~
.
BAND BOARD
Members (1-year term expiring April 30)
'98 Marvin Belford, 385 Kearney, 2-8309 (Requests Reappt) REAPPT TO '99
'98 David Hoxie,174 Church, 2-0400 (Requests Reappt) REAPPT TO '99
'98 Mike Knox, 720 Grover, 2-3425 (Requests Reappt) REAPPT TO '99
'98 Raoul Maddox, 186 Church Street, 2-0059 (Requests Reappt) REAPPT TO '99
'98 Glenn Matthews, 227 Granite, 2-2539 (Requests Reappt) REAPPT TO '99
'98 Dave Wight, 180 Vista, 2-3145 (Requests Reappt) REAPPT TO '99
'98 Don Bieghler, 908 Cherry St, Medford 97501 772-8862 (Requests Reappt)
REAPPT TO '99 (Director of Band Board)
BICYCLE & PEDESTRIAN COMMISSION
Members (3 year terms expiring April 30)
First Beet
'98 1111961
'98 141961
'99 11/981
Darrell Gee, 520 Dogwood Way, 2-0699 (Requests Reappt) REAPPT
TO '01
LlIr, y Ilobl:,s, 8::l8 Olel,do..e, 8treet, 2 3731, 8 SS63 (Requests No
Reappt) APPOINT Jennifer Hadden, 1313 Mill Pond Rd., 2-3588
Ashley Horacek, 131 Oak Meadows Place (Resigned 4/98) APPOINT
Tim Garry, 431 Walnut Street, 552-1887
CONSERVATION COMMISSION
Members (3 year terms expiring April 30)
First Beet
, 98 112'961
'98 171961
, 00 (7/961
Karen Amarotico, 195 Randy Street, 2-5498 (Requests Reappt)
REAPPT TO '01
Russ Otte, 730 Grover, 8-1393 {Requests ReapptJ REAPPT TO '01
nislI Duck, no Oak 3t1eet, 2 61 C4 (Resigned 2/98) APPOINT Ashley
Henry, 695 Oak Street, 8-7626
FOREST LANDS COMMISSION
Members (3 year terms expiring April 30)
First Elect
'98 141961
'98 1111971
'98 1111961
Thol"as O. 8alodel, 8S80 De.!ld h,dilln Me",olial Rd, 8 81/31 (Requests
no reappt) APPOINT John Morrison, 500 Helman St. 2-0469
Eric Schehen, 368 Bridge Street, 2-0538 (Requests reappt)
REAPPOINT TO '01
Richard Brock, 881 E, Main Street, 2-4111 (Requests reappt)
REAPPOINT TO '01
HISTORIC COMMISSION
Members (3 year terms expiring April 30)
First Elect
'98141901 Keith Chambers, 715 Pennsylvania, 552-6338, 2-3179 (Requests
Reappt) REAPPOINT TO '01 .
'9811'961 .' Vava Bailey, 165 Almond Street, 8-3176 (Requests Reappt)
REAPPOINT TO '01
'98 161991 Terry Skibby, 611 Beach Street, 2-2805 (Requests Reappt)
REAPPOINT TO '01
.
.1
HOUSING COMMISSION
Members (3-year terms expiring April 30)
First Elect
'98 111/951
'98 1111951
'98111/951
Jilek 'Nare, B09 GII,del, Way, 770-4291 (CI,ai,pelsol,) (Requests No
Reappt) APPOINT Sondra Nolen, 657 Park Street, 8-8599
Gle,,,, Tiffll"y, MAl, 1229 t4.Ma;" GtrMl, 22402 (Requests No
Reappt) APPOINT Joan Legg, 585 Terrace, 2-4936
Gerry Sea, P.O. Box 405, 8-1574 (Requests Reappt) REAPPOINT TO
'01
PLANNING COMMISSION
Members (4 year terms expiring April 30)
First Elect
'98 14/991 Ba, bal a Jill vis, 11~:J ["" "0 ~l, eet, 2-S!;9J (Requests No Reappt)
APPOINT John Fields, 845 Oak, 2-8442
'98111/971 Russell K. Chapman, 715 Elkader Street, 2-8274 (Requests Reappt)
REAPPOINT TO '02
SENIOR PROGRAM BOARD
Members (3 year terms expiring April 30)
First Elect
'98 14/951 Lawrence C. Hill, 420 Taylor Street, 2-0946 (Requests Reappt)
REAPPOINT TO '01
'9814/951 Jeanne Monroe, 1155 Hillview, 2-2424 (Requests Reappt)
REAPPOINT TO '01
TRAFFIC SAFETY COMMISSION
Members (3 year terms expiring April 30)
First Elect
'98 14/95}
'98 141951
'99
Joa""e t4l1v;ekas, 711 ra;t1, Ave"ue, 2-0S01 (Requests No Reappt)
APPOINT William Snell, 478 North Laurel, 2-7981
Ch, ;stiloe :Jel,ul "ael ,el, 2331 MOl ad/l, 2-1562 (Requests No Reappt)
APPOINT John Morrison, 500 Helman St., 2-0469
Susalo Beardsley, no Alaska Qt. (Resigned 2/98) VACANT
TREE COMMISSION
Members (3 year terms expiring April 30)
First Elect
'98 17/971
, 98 17/971
Kale" Blel,te.., r.o. Box 11SS, 0 1S04 (Requests No Reappt)
APPOINT Robert Kuenzel, 98 Pine St., 552-0142
Kerry KenCairn, 147 Central Avenue, 8-3194 (Requests Reappt)
REAPPOINT TO '01
MEMORANDUM
CITY OF ASHLAND
Department of Community Development
Planning Divisi"n
DATE:
March 12, 1998
TO:
Honorable Mayor and City Council
FROM:
John McLaughlin, Director of Community Development
RE:
Ashland Public Schools
Request for Systems Development Charge Waiver
BACKGROUND
The Ashland School District is currently underway with construction of two major projects, a new
theater building on the high school campus, and new classrooms and gymnasium at the middle
school. As part of the approval of building permits for these buildings, systems development
charges were assessed. The district is asking for a waiver of these fees ($175,706.64) based
primarily on their planning assumptions that there will be no enro\lment growth over the next ten
years. A separate argument regarding storm drainage is that they discharge their storm water into
a ditch along East Main Street outside of the City.
From the Ashland Municipal Code comes the following purpose statement:
"The purpose of the systems development charge (SDC) is to impose an equitable share
of the public costs of capital improvements upon those developments that create the need
for or increase the demands on capital improvements." Section 4.20.020 AMC
Collection ofSDC's is governed under AMC 4.20.070, Collection of Charge:
"The systems development charge is payable upon, and as a condition of, issuance or
approval of:
1.
2.
3.
A building or plumbing permit for a development; or
A permit for a development not requiring the issuance of a building
permit; or
A permit or other authorization to connect to the water, sanitary sewer or
storm drainage systems.
4. A planning action or change in occupancy(as defined in the Uniform
Building Code) that will increase the demands on any public facility for
which systems development charges are charged"
Exemptions to SDC's, as outline in 4.20.080, are limited to developments, such as subdivisions,
which had already paid SDC's as part of their initial constriction, and for low-income and elderly
housing exempt from real property taxes. No other exemptions are fisted.
Deferrals may be granted for affordable housing under 4.20.085, and may be ultimately waived
after 20 years of occupancy by income-qualifying residents.
SDC credits may be granted if fixture units are being replaced, or when the developer constructs
public improvements that are of benefit beyond the immediate development. For example, if a
developer constructed a water main down a public street to access his property and that main
allowed for abutting properties to benefit from increased water availability, the costs associated
with the improvement that were not attributable wholly to his development would be eligible for a
credit.
Appeals to systems development charges are described under AMC 4.20.100, requiring applicants
to file the necessary information to determine if a waiver or reduction in SDC's is warranted. As
stated in AMC 4.20.100.G. " The appellant shall carry the burden of proving that the
determination being appealed is incorrect and what the correct determination should be."
STAFF RESPONSE
Systems development charges are imposed to offset the impacts of development on the City's
systems of water, sewer, storm drainage,transportation and parks. The methodologies adopted
by the City are based upon potential impacts of development. For example, the water SDC for a
large home with several bathrooms is greater than that for a small home with one bathroom, based
upon the potential for more people to five in the larger home, having a greater impact. The fact
today that only two people live in the larger home, and five people live in the smaller home is not
at issue. The City's system must be designed to accommodate the impacts from the otp ential
development of the property, and the costs incurred are based upon that design demand.
While the School District is not expecting enrollment increases for the next ten years, the potential
populations that can be accommodated has been increased. Therefore, the City is responsible for
creating a system that will have the capacity to accommodate future increases beyond ten years.
Further, it should be recognized that both the improvements to the Middle School and high
School theater will allow for greater public gatherings at these locations. This will increase the
peak demand placed on the system, and the City's system must be designed to accommodate that
peak, even if the day to day populations remain somewhat constant.
Regarding storm drainage, while the district is presently placing its storm water into a ditch along
East Main Street, that ditch is located within the City's urban growth boundary and will ultimately
be part of the City's storm drain system. The ditch will ultimately be converted to a piped,
covered storm drain system that will be the responsibility of the City. It is only prudent that the
City be collecting funds to construct those future improvements.
The school district has indicated that should the waiver be granted, they can then use the funds to
further enhance their development projects. While we strongly support the district and their
improvement projects, it must be remembered that should these fees be waived, then the cost of
the future improvements to the City's system to support these developments will be borne as an
additional cost by city residents, either through increased utility costs or taxes.
When the School District was preparing the cost estimates for these new development projects for
inclusion in their bond measure, they were made aware that SDC's would be required for these
projects. It is our understanding that these costs were factored into the overall project estimates.
We believe that the school district, as a member of the community, is obliged to pay their fair
share of impact on the city's systems, similar to the remainder of Ashland's citizens.
enclosure: SDC Ordinance- AMC 4.20
School District correspondence
Chagter 4.20
SYSTEMS DEVELOPMENT CHARGES
Sections:
4.20.010 Definitions
4.20.020 Purpose
4.20.030 Scope
4.20.040 Systems Development Charge Established
4.20.050 Methodology
4.20.060 Compliance with State Law
4.20.070 Collection of Charge
4.20.080 Exemptions
4.20.085 Deferrals for Affordable Housing
4.20.090 Credits
4.20.100 Appeal Procedures
4.20.110 Prohibited Connection
4.20.120 Enforcement
4.20.130 Classification of the Fee (ORD 2791, S1 1997)
4.20.010 Definitions. The following words and phrases, as used in Chapter 4.20 of
the Ashland Municipal Code, have the following definitions and meanings:
A. Capital Improvement(s). Public facilities or assets used for any of the
following:
1. Water supply, treatment and distribution;
2. Sanitary sewers, including collection, transmission and treatment;
3. Storm sewers, including drainage and flood control;
4. Transportation, including but not limited to streets, sidewalks, bike
lanes and paths, street lights, traffic signs and signals, street trees,
public transportation, vehicle parking, and bridges; or
5. Parks and recreation, including but not limited to mini-
neighborhood parks, neighborhood parks, community parks,
public open space and trail systems, buildings, courts, fields and
other like facilities.
awa.a r.Mwy year Title 4 Page 9
B. Development. As used in Sections 4.20.020 through 4.20.090 means
constructing or enlarging a-building or adding facilities, or making a
physical change in the use of a structure or land, which increases the
usage of any capital improvements or which will contribute to the need
for additional or enlarged capital improvements.
C. Public Improvement Charge. A fee for costs associated with capital
improvements to be constructed after the effective date of this ordinance.
This term shall have the same meaning as the term °improvement fee" as
used in ORS 223.297 through 223.314.
D. Qualified Public Improvements. A capital improvement that is required as
a condition of development approval; and is identified in the plan
adopted pursuant to section 4.20.060.13. However, it does not include
improvements sized or established to meet only the demands created by
a development. (ORD 2791, S1 1997)
E. Reimbursement Fee. A fee for costs associated with capital
improvements constructed or under construction on the date the fee is
adopted pursuant to Section 4.20.040.
F. Systems Development Charge. A reimbursement fee, a public
improvement charge or a combination thereof assessed or collected at
any of the times specfied in Section 4.20.070. It shall not include
connection or hook-up fees for sanitary sewers, storm drains or water
lines, since such fees are designed by the City only to reimburse the City
for the costs for such connections. Nor shall the SDC include costs for
capital improvements which by City policy and State statute are paid for
by assessments or fees in lieu of assessments for projects of special
benefit to a property.
4,20,020 Purpose. The purpose of the systems development charge (SDC) is to
impose an equitable share of the public costs of capital improvements upon those
developments that create the need for or increase the demands on capital
improvements.
4,20.030 Scope. The systems development charge imposed by Chapter 4.20 is
separate from and in addition to any applicable tax, assessment, charge, fee in lieu of
assessment, or fee otherwise provided by law or imposed as a condition of
development. A systems development charge is to be considered in the nature of a
charge for service rendered or facilities made available, or a charge for future services
to be rendered on facilities to be made available in the future.
R..i..d r.wry1997 Title 4 Page 10
4 20 040 Systems Development Charge Established.
A. Unless otherwise exempted by the provisions of this Chapter or other
local or state law, a systems development charge is hereby imposed
upon all development within the City; and all development outside the
boundary of the city that connects to or otherwise uses the sanitary
sewer system, storm drainage system or water system of the City. The
City Administrator is authorized to make interpretations of this Section,
subject to appeal to the City Council.
B. Systems development charges for each type of capital improvement may
be created through application of the methodologies described in Section
4.20.050 of this code. The amounts of each system development charge
shall be adopted initially by Council resolution following a public hearing.
Changes in the amounts shall also be adopted by resolution following a
public hearing, except changes resulting solely from inflationary cost
impacts. Inflationary cost impacts shall be measured and calculated
annually by the City Administrator and charged accordingly. Such
calculations will be based upon changes in the Engineering News Record
Construction Index (ENR Index) for Seattle, Washington. (ORD 2791, S2
1997)
4.20.050 Methodology.
A. The methodology used to establish a reimbursement fee shall consider
the cost of then-existing facilities, prior contributions by then-existing
users, the value of unused capacity, rate-making principles employed to
finance publicly-owned capital improvements, and other relevant factors.
The methodology shall promote the objective that future systems users
shall contribute an equitable share of the cost of then-existing facilities.
B. The methodology used to establish the public improvement charge shall
consider the cost of projected capital improvements needed to increase
the capacity of the systems to which the fee is related and shall provide
for a credit against the public improvement charge for the construction of
any qualified public improvement.
C. The methodology shall also provide for a credit as authorized in
Subsection 4.20.090.
D. Except when authorized in the methodology adopted under Subsection
4.20.050A, the fees required by this Code which are assessed or
collected as part of a local Improvement district or a
charge in lieu of a local improvement district assessment, or the
cost of complying with requirements or conditions imposed.by a
PAW"a JN*W 1007' Tide 4 Page 11
land use decision are separate from and in addition to the systems
development charge and shall not be used as a credit against such
charge.
E. The methodologies used to establish the systems development charge
shall be adopted by resolution of the Council following a public hearing.
The specific systems development charge may be adopted and
amended concurrent with the establishment or revision of the systems
development charge methodology. The City Administrator shall review
the methodologies established under this section every three (3) years,
and shall recommend amendments, if and as needed, to the Council for
its action.
F. The formulas and calculations used to compute specific systems
development charges are based upon averages and typical conditions.
Whenever the impact of individual developments present special or
unique situations such that the calculated fee is grossly disproportionate
to the actual impact of the development, alternative fee calculations may
be approved or required by the City Administrator under administrative
procedures prescribed by the City Council. All data submitted to support
alternate calculations under this provision shall be site specific. Major or
unique developments may require special analyses to determine
alternatives to the standard methodology.
G. When an appeal is filed challenging the methodology adopted by the City
Council, the City Administrator shall prepare a.written report and
recommendation within twenty (20) working days of receipt for
presentation to the Council at its next regular meeting. The council shall
by resolution, approve, modify or reject the report and recommendation
of the City Administrator, or may adopt a revised methodology by
resolution, if required. Any legal action contesting the City Council's
decision in the appeal shall be filed within sixty (60) days of the Council's
decision.
4.20.060 Compliance with State Law.
A. The revenues received from the systems development charges shall be
budgeted and expended as provided by state law. Such revenues and
expenditures shall be accounted for as required by state law. Their
reporting shall be included in the City's Comprehensive Annual Financial
Report required by ORS Chapter 294. Reimbursement Fees shall be
spent on capital improvements associated with the systems for which the
fees are assessed. Improvement fees shall be spent only on capacity
increasing improvements. The portion of such improvements funded by
improvement SDCs must be related to current or projected development.
FWA"d ready 1097 Tale 4, Page 12
B. The capital improvement plan required by state law as the basis for
expending the public improvement charge component of systems
development charge revenues shall be the Ashland Capital
Improvements Plan (CIP) or public facility plan and the CIP of any other
governmental entity with which the City has a cooperative agreement for
the financing of commonly-used public improvements by the collection of
systems development charges, provided the plan is based on
methodologies conforming with State Law and is consistent with the
City's CIP and the City's Comprehensive Plan. (ORD 2791, S3 1997)
4.20.070 Collection of Charge.
A. The systems development charge is payable upon, and as a condition
of, issuance or approval of:
1. A building or plumbing permit for a development; or
2. A permit for a development not requiring the issuance of a buildin
g permit; or
3. A permit or other authorization to connect to the water, sanitary
sewer or storm drainage systems.
4. A planning action or change in occupancy (as defined in the
Uniform Building Code) that will Increase the demands on any
public facility for which systems development charges are
charged. (Ord. 2670, 1992)
B. If development is commenced or connection is made to the water
system, sanitary sewer system or storm sewer system without an
appropriate permit, the systems development charge is immediately
payable upon the earliest date that a permit was required, and it will be
unlawful for anyone to continue with the construction or use constituting
a development until the charge has been paid or payment secured to the
satisfaction of the City Administrator.
C. Any and all persons causing a development or making application for the
needed permit, or otherwise responsible for the development, are jointly
and severally obligated to pay the charge, and the City Administrator
may collect the said charge from any of them. The City Administrator or
his/her designee shall not issue any permit or allow connections
described in Subsection 4.20.070A until the charge has been paid in full
or until an adequate secured arrangement for its payment has been
made, within the limits prescribed by resolution of the City Council.
D. An owner of property obligated to pay a system development charge
may apply to pay the charge in semi-annual Installments over a period
not exceeding five years as provided in this section.
114vl"d Jmvmy 1997 Title 4 Page 13
1. The minimum charge subject to payment by installments shall be
$1,200 and the minimum semi-annual installment shall be $600.
Installments shall include interest on the unpaid balance at a rate
equal to three percent per annum above the prime rate of interest
quoted by the Wall Street Journal as of January 2 of the year in
which the charge is imposed.
2. The installment application shall state that the applicant waives all
irregularities or defects, jurisdictional or otherwise, in the
proceedings to cause the system development charge.
3. The application shall also contain a statement, by lots or blocks,
or other convenient description; of the property meeting the
requirements of ORS 93.600, subject to the charge.
4. A systems development charge subject to installment payments
shall be chargeable as a lien upon the property subject.to the
charge. Pursuant to ORS 93.643(2)(c), the city recorder shall
record notice of the installment payment contract with the Jackson
County Clerk. The applicant shall pay the recording charges.
(ORD 2791, S5 1997)
4.20.080 Exemptions. The conditions under which all or part of the systems
development charges imposed in Section 4.20.040 may be waived are as follows:
A. If the development occurred prior to July 1, 1991 the transportation,
parks, and storm drainage portions shall be assessed in full, and a credit
shall be given for the amount of water and wastewater charges
previously paid, which shall be applied to the system development
charges owed hereunder. After July 1, 2001 this credit will expire in
accordance with state law.
B. Housing for low-income or elderly persons which is exempt from real
property taxes under state law. (ORD 2791, S7 1997)
4.20.085 Deferrals for Affordable Housing,
A. The systems development charge for the development of qualified
affordable housing under the City's affordable housing laws, shall be
deferred until the transfer of ownership to an ineligible buyer occurs.
Deferred systems development charges shall be secured by a second
mortgage acceptable to the City, bearing interest at not less than five
percent per annum. Accrued interest and principal shall be due on sale
to an ineligible buyer.
B. The systems development charge and second mortgage for the
development of qualified affordable housing shall terminate 20 years after
the issuance of a certificate of occupancy if the housing unit(s) have
continued to meet the affordable housing requirements during the 20
year period. (Ord. 2670, 1992; ORD 2791, S8 1997)
a.vi"d JwwwV 1997 Tide 4 Page 14
4 20 090 Credits.
A. When development occurs that gives rise to a system development
charge under Section 4.20.040 of this Chapter, the system development
charge for the existing use shall be calculated and if it is less than the
system development charge for the proposed use, the difference
between the system development charge for the existing use and the
system development charge for the proposed use shall be the system
development charge required under Section 4.20.040. If the change is
use results in the systems development charge for the proposed use
being less than the system development charge for the existing use, no
system development charge shall be required; however, no refund or
credit shall be given.
B. The limitations on the use of credits contained in this Subsection shall
not apply when credits are otherwise given under Section 4.20.090. A
credit shall be given for the cost of a qualified public improvement
associated with a development. If a qualified public improvement is
located partially on and partially off the parcel of land that Is the subject
of the approval, the credit shall be given only for the cost of the portion
of the improvement not attributable wholly to the development. The credit
provided for by this Subsection shall be only for the public improvement
charge charged for the type of improvement being constructed and shall
not exceed the public improvement charge even if the cost of the capital
improvement exceeds the applicable public improvement charge. Credits
paid as a permit for development will expire five years after paid. The
credit shall be apportioned equally among all single family residential lots
(where such credit was granted for subdivisions). Credits for other types
of developments shall be allocated to building permits on a first-come,
first served basis until the credit is depleted. (Ord 2791, S9 1997)
C. Applying the methodology adopted by resolution, the City Administrator
or designee shall grant a credit against the public improvement charge;
for a capital improvement constructed as part of the development that
reduces the development's demand upon existing capital improvements
or the need for future capital improvements or that would otherwise have
to be provided at City expense under then-existing Council policies.
(ORD 2791, S9 1997)
D. Credits for additions to dedicated park land, or development of planned
improvements on dedicated park land, shall only be granted by the City
Administrator upon recommendation by the Park and Recreation
Commission for land or park development projects Identified in the
Capital Improvement Plan, referred to in Section 4.20.060(8).
R.vM�d Jaw.iy 1997 Title 4. Page 15
E. In situations where the amount of credit exceeds the amount of the
system development charge, the excess credit is not transferable to
another development. It may be transferred to another phase of the
original development.
F. Credit shall not be transferable from one type of capital improvement to
another.
4.20.100 Appeal Procedures.
A. As used in this Section "working day" means a day when the general
offices of the City are open to transact business with the public.
B. A person aggrieved by a decision required or permitted to be made by
the City Administrator or designee under Sections 4.20.010 through
4.20.090 or a person challenging the propriety of an expenditure of
systems development charge revenues may appeal the decision or
expenditure by filing a written request with the City Recorder for
consideration by the City Council. Such appeal shall describe with
particularity the decision or the expenditure from which the person
appeals and shall comply with subsection D of this section. (ORD 2791,
S101997)
C. An appeal of an expenditure must be filed within two years of the date of
alleged improper expenditure. Appeals of any other decision must be
filed within 10 working days of the date of the decision.
D. The appeal shall state:
1. The name and address of the appellant;
2. The nature of the determination being appealed;
3. The reason the determination is incorrect; and
4. What the correct determination should be.
An appellant who fails to file such a statement within the time permitted
waives any objections, and the appeal shall be dismissed. (ORD 2791,
S101997)
E. Unless the appellant and the City agree to a longer period, an appeal
shall be heard within 30 days of the receipt of the written appeal. At
least 10 working days prior to the hearing, the City shall mail notice of
the time and location thereof to the appellant.
F. The City Council shall hear and determine the appeal on the basis of the
appellant's written statement and any additional evidence the appellant
deems appropriate. At the hearing, the appellant may present testimony
and oral argument personally or by counsel. The City may present
Rovi"d Jwmwv 1997 Title 4 Page 16
written or oral testimony at this same hearing. The rules of evidence as
used by courts of law do not apply. (ORD 2791, S10 1997)
G. The appellant shall carry the burden of proving that the determination
being appealed is incorrect and what the correct determination should
be.
H. The City Council shall render its decision within 15 days after the hearing
date and the decision of the Council shall be final. The decision shall be
in writing but written findings shall not be made or required unless the
Council in its discretion, elects to make findings for precedential
purposes.
Any legal action contesting the Council's decision on the appeal shall be
filed within 60 days of the Council's decision.
420 110 Prohibited Connection. After the effective date of this chapter, no person
may connect any premises for service, or cause the same to be connected, to any
sanitary sewer, water system, or storm sewer system of the City unless the
appropriate systems development charge has been paid or payment has been
secured as provided in this chapter.
4.20.120 Enforcement. Any service connected to the City water, sewer or storm
sewer system after the effective date of this chapter for which the fee due hereunder
has not been paid as required or an adequate secured arrangement for its payment
has been made, is subject to termination of service under,the City's utility disconnect
policy. (Ord. 2634, 1991; 2670, 1992)
a 20 121 Classification of the Fee. System development charges as set forth in
Chapter 4.20 of the Ashland Municipal Code are classified as not subject to the limits
of Section 11b of Article XI of the Oregon Constitution (Ballot Measure No. 5)
(ORD 2791, S11 1997)
Rev6W raMwr 1997 Title 4 Page 17
ASHLAND PWTAC SCHOOLS ritut.
(C-
77-1 LL Cc) P
BOARD OF DIRECTORS JOHN M.DAGGETT,P .D
Superintendent
ALAN DeBOER KAREN DALRYMPLE
TERRY LITTLETON District Executive Director
JOHN MAURER
KENT PROVOST Students,Parents, Community,a. d District Staff LOREN R.LUMAN
DAN THORNDIKE working together to ensure each other's success Business Manager
November 12, 1997 — - -
NOV 1 4
Mr. Greg Scoles
Interim City Administrator C I TY OF AS H LA N D
20 East Main Street
Dear Mr. Scoles:
The City of Ashland's schedule for calculating Systems Development Charges states in part that "System
Development Charges are assessed because of the demands put on City Services Charges collected will
cover Water, Sanitary Sewer, Transportation, Storm Drains, and Parks and Recreation costs. " The
School District is requesting the waiver because there will be no new demands placed on City Services
by construction of the AHS Mountain Avenue Complex, and the AMS Classroom and Gymnasium.
For the two major construction projects, the scheduled City of Ashland System Development Charges
will total approximately $191,000.00. The majority of the charges(approximately $180,000.00) are
being collected for Water and Sanitary Sewer systems. The number of Students, Faculty, and Staff will
not increase because of the new construction. Demographic projections for student enrollments show a
steady decrease in student population up through 2002,the last year of the study period. We expect
water consumption at both the Middle School and High School to decrease substantially in future years,
not only because of fewer students,but also because dozens of old, inefficient plumbing fixtures are
being replaced with new water conserving fixtures.
Since the total number of Students, Faculty, and Staff will not increase as a result of the construction, no
increased demand will be placed on the City Transportation System. The Ashland Middle School
construction will add approximately 80,000 ft of impervious area(roofs, sidewalks, and parking lots)
once construction is complete. All of the storm runoff from the project will be discharged from a new
15" Storm Sewer,paid for by Ashland School District#5, into a ditch along East Main Street- outside
the City Limits. The City is not responsible for the storm runoff after it leaves the site.
Sincerely,
Ja�Da1
Superintend)
JMD/jp
ADMINISTRATION BUILDING 885 SISKIYOU BOULEVARD ASHLAND,OREGON 97520 541482-2811 FAX 541482-2185
C I T YC I T Y H A L L
ASHLAND,OREGON 97520
December 29, 1997
Dr. John Daggett
Superintendent
Ashland Public Schools
885 Siskiyou Blvd.
Ashland, OR 97520
Re: System Development Charges
Dear John:
We have reviewed your request for a waiver for system development charges for the
Ashland Ifigh School Theater complex, and the Ashland Middle School classroom and
gymnasium. The Municipal Code does not provide a process for a waiver to these
fees, except for projects predating the ordinance or housing projects for low-income or
the elderly.
We have, however, prepared a preliminary worksheet of system development charges
based on the current methodology adopted by the City Council. ,Using this
methodology the fees would be as follows:
Ashland Middle School Classroom $104,062
Ashland High School Theater $ 36,590
Ashland Middle School Gymnasium $ 26.885
TOTAL 1 53
These fees would include water, sanitary sewer and storm drain. There are no fees
for transportation or parks and recreation.
The code does allow for some adjustment in the methodology (sec. 4.20.050.F.) for
unique circumstances when the fee is 'grossly disproportionate to the actual impact of
the development.' In order to justify a modified methodology, you would need to
submit site-specific data to support a revised calculation. An analysis of the special
circumstances would also be required, based on the new site-specific data.
Dr. John Daggett
Re: System Development Charges
December 29, 1997 Page 2
Our staff is prepared to discuss this issue with you further should you want us to
consider a revised methodology. However, please be advised, based on our current
understanding of the projects, it is not anticipated the results would be significantly
different than the current ones set forth above.
I hope this information is helpful. If you have any further questions, please call me.
Sincerely,
g Coles
In ri City Administrator
GS:fb
cc Loren Luman, Ashland School District
Jill Turner, City of Ashland
Paul Nolte, City of Ashland
John McLaughlin, City of Ashland
ASHLAND PUBLIC SCHOOLS
wu/R
JOHN M.DAGGETT,Ph.D
BOARD OF DIRECTORS Superintendent
ALAN DeBOER KAREN DALRYMPLE
TERRY LITTLETON District Executive Director
JOHN MAURER
KENT PROVOST Students,Parents,Community,and District Staff LOREN R.LUMAN
DAN THORNDIKE working together to ensure each other's success Business Manager
February 10, 1998
Greg Scoles
Interim City Administrator
20 East Main Street
Ashland, Oregon 97520
Re: System Development Charges
Dear W. Scoles:
I am responding to your letter of December 29, 1997, in which you cite the System Development
Charges for the Ashland Middle School Classroom, Ashland High School Theater, and Ashland
Middle School Gymnasium as totaling $167,537. Since that date,the actual fees have totaled
$175,706.64. You also indicated in your letter that the municipal code allows for some
adjustment in the methodology for determining the fees when the fees are "grossly
disproportionate to the actual impact of the development."
I am again requesting a waiver of the system development charges for these projects because the
fees are grossly disproportionate to the actual impact of the projects. There will be no new
demands placed on city services. Below is site-specific data:
• There will be no increase in the number of students or staff as a result of the projects.
Therefore,the new construction will place no new demands on the City Water and Sewer
systems.
• Student enrollment projections have been compiled by the School District's Demographer,
Lyle A. Stewart. No enrollment growth is projected over the next 10 years.
• The School District anticipates measurable reductions in water consumption at the High
School and Middle School campuses after the new buildings are brought on line. At the High
School Theater and Commons, 19 water closets and 8 urinals were replaced with new 1.6
gallons per flush fixtures. Most of the old fixtures were 45 years old and consumed up to 7
gallons per flush. At the Middle School, approximately one-half of the Student Body will
relocate to the new classroom building and stop using the existing 37 year old fixtures.
ADMINISTRATION BUILDING 985 SISKIYOU BOULEVARD ASHLAND,OREGON 97520 541482-2811 FAX 541482-2155
February 9, 1998
Page Two
• The City is assessing the School District a Storm Sewer SDC for the Middle School
improvements. All of the storm runoff from the project is being discharged from a new 15"
storm sewer(paid for by the school district) into a ditch along East Main Street-- outside of
the City limits. The City is not responsible for storm runoff after it leaves the site.
In addition to the above site-specific data, other factors support our request.
• Other school districts in the region have had their System Development Charges substantially
reduced or eliminated. For example,the system development charges were totally eliminated
for the new Abraham Lincoln School in Medford and for the Mazama High School
Gymnasium Complex in Klamath Falls.
• Legislators have discussed the issue of schools being exempt from system development
charges,as well as being possible recipients of revenues created by system development
charges. The reason is that schools are part of the infrastructure of the total community. This
issue will again be discussed at the next legislative session.
Should you grant our request for a waiver of the system development charges, we intend to use
those funds to further enhance the projects. For example, we would develop an all-weather track,
enhance the soccer field, and pave the entrance to the sites. These enhancements will benefit the
school district as well as the entire community.
We believe the district has been fiscally responsible and creative and has,therefore, been able to
continue to provide a quality education in spite of declining revenues. We are asking for your
help in this endeavor, and hope you will grant our request for a waiver of the system
development charges.
Sincerely,
Loren R. Luman
Business Manager
LRL/jp
ORDINANCE NO.
AN ORDINANCE TO CORRECT A CLERICAL ERROR
IN ASHLAND MUNICIPAL CODE SECTION 18.76.060.13
TO CORRECT AN ERRONEOUS CROSS REFERENCE
FROM SECTION 18.76.060.L TO SECTION 18.76.060.K.
F notated to show deletions and additions to the code sections being modified.
letions are ftRed threagh and additions are Stt :0§E
RECITAL: Ordinance 2757 adopted in 1995 amended section 18.76.060.13 of the
Ashland Municipal Code and erroneously referred to AMC section 18.76.0601. This
section was renumbered to 18.76.060.K, but the reference did not reflect this change.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The first paragraph in Ashland Municipal Code Section 18.76.060.13 is
amended to read:
B. Except as provided in subsection 18.76.060.Lk the flag drive for one flag
lot shall have a minimum width of 15 feet, and a 12 foot paved driving
surface. For drives serving two lots, the flag drive shall be 20 feet wide,
with 15 feet of driving surface to the back of the first lot, and 12 feet,
respectively, for the rear lot. Drives shared by adjacent properties shall
have a width of 20 feet, with a 15 foot paved driving surface.
The foregoing ordinance was first READ on the day of 1998,
and duly PASSED and ADOPTED this day of , 1998.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this day of , 1998.
Catherine M. Shaw, Mayor
Annroved as to foq:
;�L;kJ6,J�
Paul Nolte, City Attorney
Page 1 —ANNOTATED ORDINANCE(paurorm1e.76.060B.erw.wpd)
ORDINANCE NO.
AN ORDINANCE TO AMEND ASHLAND MUNICIPAL
CODE SECTION 2.28.190 TO CHANGE THE REFERENCE
FROM DISTRICT JUDGE TO CIRCUIT COURT JUDGE TO
REFLECT THE CONSOLIDATION OF THE STATE
CIRCUIT AND DISTRICT COURTS.
Annotated to show deletions and additions to the code sections being modified.
Deletions are fin�g13 and additions are W".
RECITAL: The 1995 Legislative Assembly enacted Oregon Laws 1995, Chapter 658 to
provide for the consolidation of the state circuit and district courts by abolishing the
district courts. The effective date of the court consolidation legislation was January 15,
1998.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Ashland Municipal Code Section 2.28.190, Municipal Judge Jurisdiction
and Powers, is amended to read:
The Municipal Judge shall be the judicial officer for the City and shall have
jurisdiction over all violations of City ordinances, the City Charter, and
infractions, violations and misdemeanors described in the Oregon Revised
Statutes occurring within the City. The Municipal.Judge,.in exercising this
jurisdiction, shall have all the powers of a distfieffir��t fudge set forth in
the Oregon Revised Statutes.
The foregoing ordinance was first READ'on the day of , 1998,
and duly PASSED and ADOPTED this day of 1998•
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this day of 11998.
Catherine M. Shaw, Mayor
A roved as to forrr�
P ul Nolte, City Attorney
Page 1 -ANNOTATED ORDINANCE c:PAWORomuny,aa.
Memo
To: Honorable Mayor and City Council
From: Mike Freeman, City Administrator
Date: April 21, 1998
Subject: Cost of Service Presentation
As you know, the Study Session scheduled for April 22, 1998 with R.W. Beck has been canceled.
To keep this project on-track, the staff recommends that the City Council hold a special Study
Session on either May 6 or May 13 to hear the results of the Electric Cost of Study analysis.
The staff is proposing to make the changes the Mayor and City Council adopt in electric rates
effective August 1, 1998. This date is recommended because the City will have to change the
electric rate resolution(requires one reading)and the City Code. Code changes involve
ordinances which require two readings and a 30 day wait period prior to implementation.
Following is a tentative schedule:
June 2 — 1"Reading Ordinance Change
June 15 —2'Reading Ordinance Change
June 15 —Rate Resolution Change
August 1 —Implementation of Rate Changes
qpR
OREGON MUNICIPAL ELECTRIC UTILITIES
P.O. Box 928 (503) 371-6625 P Fax (503) 371-3746 1201 Court St NE, Suite 102
Salem,Oregon 97308 e-mail:toconnor@orednet.org Salem,Oregon 97301
April 7, 1998
MEMO
To: OMEU Members
From: Tom O'Connor'-Pc
Subject: TCI Campaign Against Municipal Telecom Systems
Attached is an article from the Iowa Association of Municipal Utilities newsletter
about TCI activities in their state. 1 thought you might find it useful to compare
what's being said in your communities. If you would like more details I'm sure 1
can get them from Bob Haug, IAMU Director.
ChyofkNiad•City o/Usodre•Cady U031yOwd•My ofCrtndr Locks•00,of Undo•fart[Laos LW 6 Poxes
Mdrwr e Now 6L iN•AGwAww&Y L1M&Pow•CityofMmaoadi•SpikVWVWBoad
R��ervtU
APR 71998
March 1998
IOWA ASSOCIATION OF MUNICIPAL UTILITIES
NEWSLETTER
TRUTH IS FIRST VICTIM. IN ATTACK ON MUNICIPAL
TELECOMMUNICATIONS SYSTEMS
Throughout the country and especially here A short version of this trash is a TCI mailer
in Iowa,citizens weighing the possibility of warning citizens not to fall for the"Cedar
municipal telecommunications systems are Falls Shuffle."It was mailed out in Mount
being handed some outrageous stories. It Pleasant last fall with the return address
would be one thing if the distortions emanat "Citizens Against Government in Media."
ing from the private cable companies could The brochure claims"Cedar Falls
be described as clever manipulation of the homeowners could be on the financial hook
data. Instead,the attack ads,direct mail for more than$9 million." It also claimed
brochures and lengthy reports are thinly Harlan was losing$100,000 a year,that
disguised scare tactics,loaded with distor-
tions. _ Continued on Page 2
The Real Word on Utility Competition
Small Customers unprofitable?.
"It's virtually impossible to make money"selling to small customers in California,said Enrons
. Ken Lay,"in fact youll probably lose money on every customer you hook up. -Southern Company
CEO Bill Dahlberg said,"it will shun the.retail market to seek large corporate contracts."
As reported in American Local Power News www.locaLor¢1/26/98.
"The idea was not to have a bunch of competitors suddenly flooding the market. We knew there wasn't
big enough potential savings for the little guys.,,.We just tried to keep them from being harmed."
California State Senator Steve Peace,a-principal author of that state's restructuring bill. Peace
said the idea behind the bill instead was to keep big industrial customers from leaving Califor-
nia.
—San Francisco Bay Guardian 2/25/98 forwarded by APPA's Bob Varela.
Will Rural Areas Wait for Phone Competition?
I 11May should we be spending money in expensive rural anal ifwe need to upgrade our network in the -
cities to compete with competitors?'
— US West spokesman James Roof in US.News and World Report found in 2/27/98 Capitol
Tattler from MMUA.
How Do they Def4ne Competition?
"Competing cable systems are a poor business risk,and will 117ely result in higher rates in the end."
'Roo cable systems operating in the same community do not work.'-Statements that should have
been directed to Congress before the 1994 act replaced regulated rates with competition.
- From a new anti-municipal cable booklet by TRIAX Communication,which also claimed
competition from a municipal system would lower quality of service.
6900 NE 14TH STREET,SUITE 27
ANKENY,IOWA 50021-8997
515/289-1999
FAX: 289.2499
IAMIJ Nezuslettu March 199S Page 2=
NNW TRUTH IS FIRST VICTIM . Condnwd1rom Pagel
Glasgow,Kentucky had losses of$1.3 million, tory pricing. Balancing these risks are
and that"Elbow Lake,Minnesota :. consumer benefits. The evidence is clear-
homeowners took a financial bath when their where municipals have overbuilt,the incum-
city-owned system failed." bent provider has improved service and
lowered prices. In Harlan,TO offers 35-.
TO thinks these scare tactics are working. :` channel service for just$16.95/month—two.
Deborah Blume,TCI's'director of communi- dollars below the city rate for 43-channel
cations for Iowa,told Multichannel News(2/ ;service. Some residents have been offered
16/98)"ICs taken'a while to get people's every third month of service free for switch-
16/98) but patience is paying off.". How- ins back to TO for a year.'By contrast TCI's
ever,the article in which TCI claimed it had comparable service in neighboring commuru-:.:
tamed the tide in Iowa was published just ties can run over$25/month.':Thass as much. `
one.day before.83 percent of the rioters.in- as$164 in one year that a Harlan resident can
Carroll approved anew municipal system:'. . 'save without connecting to the municipal
there.' ' utility— $164 that stays in the community,
_ helping ro strengthen the kical.economy.
The primary themes of the attack on munici=
pals include:(1)the risks to taxpayers and Performance. The attacks on`municipals .
ratepayers are high;(2) the new municipal include claims of higher costs of installation .
systems have fewer customers,higher costs, lower market t-penetration lower revenue,'
and lower revenues than predicted;(3)they negative cash flows,and cross subsidies from
are being subsidized by taxes and/or other other municipal utilities and/or taxes. The
municipal utility funds;and(4)government reality is that municipal systems are gener-
should not be involved in operation of.the any doing better than expected. In some
media and should not compete with private cases,costs have been higher than expected
business.The"evidence".draws largely on simply because more customers are being
letters to the editor and quotes attributed W. provided service.
unnamed councilmen and city officials. '
IAMU has prepared case-by-case fact sheets Consider the case of Hawarden. The city
on Cedar Falls,Harlan;Hawarden,Elbow utility now has 782 customers who pay$21 a
Lake(MN),Glasgow(ICY),Morganton(NC), month for 40 channel service. TCI-originally
and Paragould(AR)that refute the misinfor- had an estimated 690 customers,but now has.
mation presented.by TCI,TRIA and others. only about 50—some of whom are taking
These are available to members upon request . service under heavily-discounbed promo-
In this article,we offer a general response to tional_rabes. TCI's listed rate for 29-channel
the private utility charges. ` service is$18.95/month
Risks. Yes,there are risks for cities that enter The charges'against Cedar Falls Utilities in
the telecommunications business. Technol- TCrs"Cedar Falls Shuffle"piece and in
ogy is changing rapidly and doing nothing is TRI"s"Summary of Municipal Over-
a sure way to avoid selecting the wrong builds"provide an interesting look at the
system.On the other hand,doing nothing lengths to which the private companies will
carries its own risk-that no new technology go to distort reality..TCI had an auditing
will be installed or that someone else may : :' furl compare financial Projections with
install the wrong technology sometime m'the.< actual revenue and performance:'That
future. Many community leaders believe that analysis found revenue off by 43 percent and
risk is even greater. subscribers off by 42 percent-The study was
deceptive in that projections were taken from.
Another risk(almost a certainty)is that the a 1993 feasibility study,-not the official '
private company will employ legal an d business plan which was formulated three
regulatory challenges intended to raise costs
to the city. They will also engage in preda- • coatuwed on Page 3
Iowa Anodation of Murddpal UhHfin Is eama i ted to tht proteeHm ind praeervatioa of ow mvinawem lad natural resourtea. .
- This lo(o tim is printed m myded paper
Page 3 1A1111 Newsletter March 199S
TRUTH IS FIRST VICTIM . . • Contimudfiom Page
years later.As with Harlan,Cedar Falls is deregulation of airlines in the Carter admire-
ahead of its official business plan - istration,said"the competition of public with
private power has probably been a much.
Subsidies. With regard to subsidies,each more powerful influence than regulation[in
player in a competitive market brings unique improving the performance of the electricity
strengths and weaknesses,including the industry.]" Such competition is needed now.
ability to enter new ventures with revenues in the telecommunications business,espe-
from existing business lines. To deny cially in rural areas where competition
municipal utilities the ability to issue loans or otherwise might not develop at aIL.
transfer funds from one enterprise to.another `
is simply another way to prevent the compe• It's not Iike the city is opening a burger shop
tition that both Congress and the Legislature or competing with the main street clothing:
have demanded as a replacement to regula- store .Were talking about-vital utility : -
" lion services that provide important public
benefits. In fact,.it's local business leaders
In Harlan,which incidentally is far ahead of who typically lead efforts to establish new
their projected 10-13 year break-even point .municipal systems. They understand that
for cable,rates from TCI are substantially.:. economic'success—perhaps even survival—
below their rates in other communities that. depends on access to up-todate teleconunu-
do not have.municipal systems. Elbow Lake, nications services,available at reasonable
Minnesota,faced"nearly three years of prices:
competitive prig(some would say preda-
tory pricing)by TRIAX Communications, Finally,the debate about municipal telecom-
which pushed monthly service down to munications is not about ideaology. We've
$5.95. Customers who switched back to checked the voter registration figures and we
TRIAX for a year were offered$100 cash or know there were no registered Bolsheviks
credit against thew bills.The real subsidy'. among the 94 percent of Muscatine voters
story in this business is the subsidy paid by who approved a municipal telecommunica-
subscribers in non-competitive areas to tions system there. The electorial margins by
reduce the rates in cities that have municipal which city utilities are being approved could
systems. not be achieved without strong support from
Republicans.Democrats and Independents
Government as Competitor. In the eledAci alike
ity business,municipal utilities have pro-
°> -
vided competition to private utilities for 115 . Please we Page 6 of this issiu for the taWe
years. Alfred Kahn,who championed "Recent&Pending Elections—City Communica-
tions 110ties in low Cities'. -:
HAWARDEN TARIFF ".YOUR HOMETOWN
APPROVED-CERTIFICATE CHOICE" TRADEMARKED
ISSUED
]AMU has trademarked the slogan,"Munici-
On March 6,1998,the Iowa Utilities Board pal Utilities'-Your Hometown-Choice." The
gave final approval to the tariff filed by the use of the phrase by member utilities could
City of Hawarden and issued Hawarden a create a"brand"identity for municipals
certificate of public convenience and neces- across the state. If you're interested'in using
sity which authorizes the city to furnish "Your Hometown Choice,"please contact .
land-line local telephone service to the Patti Cale,IAMU'Energy Services Coordina-
Hawarden exchange. tor,800/810-1268..
Recent and Pending Elections ..
City Communications Utilities in Iowa Cities
Akron'94 91% Indianola'97 58%
Algona'97 .74% Lake View'97 84%
Alta'97 s8% Laurens'97 : 99% .:.
Bancroft 94 85% Ivlanning'96 86%
Carroll'98 83% MountPleasant'97. 64%
Cedar Falls'94 . .. 70%.. Muscatire'97 94%
Coon Rapids 96 . 87% New London 196 - 77%
Danbury 197. 90% Orange City 97 .84%
54%
Denison'97
:. Primgha;'97 - 90%
Emnietsburg Special '98 Rock Rapids'.94 83%
Greenfield 97.; 42% Sac City.W. _ . 77%
Grundy.Center'% 93% Sanbom'97_,:' 92%.
Harlan 95 71%, . :.: Sibley 94 91% .
Hartley'97 86%:. . ` .gpencer'97 > 91%'
Hawarden 94 96% Tipton 97 86%
Hull'94 97% Vinton'97.' .: 48%.
Independence'97 . , 57% Westwood'97 91%
NOTES: 1.Imornx only I voter cast a"na"vole on the mecrura.TAX 9.1 percent vast in 9pencrr war achieved
duple the fact that the local ddmn grcop-campaigningjar-du,rcr munfctpal uNllry wias ovttpenl by the
hrcmnbent udil y by a margin oll30 to 1. Reported*ending on the late no"campaign totaled 3205Jor each
mch vote. . .. - .
GRETA JOINS IAMU STAFF
On January 20,1998,I joined the staff of IAMU basketball,football and swimming.Both are
'as legal counsel.Before attending the Univer- . avid readers.Carol is a superb golfer and
sity of Iowa Law School I served three years in serves on the'.Leadership Newton"committee,
the Army including a year in Viet Nam..Upon will be chairing.the Newton United Way
graduation from law school practiced law in . Campaign,serves on the Wesley Retirement .
Eldora,Iowa,for 16 years,served as Hardin Services Board of Directors,and serve:part-
County Attorney,and met and married my time as Jasper t3' .Coup District Court Associate
wife and subsequent law partner,Carol.In Judge.My own interests include woodworking,
1990 we relocated.to.Newtori,Iowa;Carol to classical music,theatre,and early 20"'Century .
join the law firm now known as Matthias.. American residential architecture.I also caddy.
Campbell,Tyler,Nuzum,:Greta and Rickers, . . I have served as Eldora Chamber of Commerce
and me to accept an invitation to create the City president,.c1?urch trustee and finance commit
-
of Newtons first in-house legal department In tee member,board member of the Eldora .. .
19931 accepted another invitation to create Regional Medical Center,and president of the
DMACCs.first in-house legal department bar associations of both Hardin and Jasper
County.'
Carol and I will continue to reside in Newton.
We have two children,Meredith,10,and Lucas, I am excited about serving as IAMU legal
8.The children and I take piano lessons counsel and I am grateful for the opportunity to
together every.Wednesday evening.Both are use my training and experience on behalf of an
E musically gifted.I am punctual Meredith also organization dedicated to such high principles
enjoys dance,soccer and swimming,and : . as consumer protection,environmental sensitiv-
participates in Newton School's gifted and ity,honorable conduct in public affairs,and :
talented program.Lucas is a sports nut like his safe,reliable,end affordable public utility
Mom and is a quadruple threat in soccer, service
CITY OF ASHLAND "' y .
Administration
Office of the City Administrator '
�REGO�,.'
MEMORANDUM
DATE: April 17, 1998
TO: Honorable Mayor and City Council
FROM: Mike Freeman, City Administrator
RE: Article regarding MAI
I received the attached article regarding the Multilateral Agreement on Investment
(MAI) from Councilor Ken Hagen and am forwarding a copy to each of you for
your information.
Attachment:
Commentary Saturday, April 11, 1998 -The Ashland Daily Tidings --
Multilateral Agreement on Investment
gives corporations even more power
Don't be surprised if you've never heard of the One of the nastier provisions under the expropri-
the Multilateral Agreement on Investment(M.A.I.). ation and compensation concept is called protection
You're not alone; most people haven't. Why? from strife,and entitles corporations to sue govern-
Because M.A.I. has been ments for losses resulting ]
drawn up, largely in secret, from civil disturbance which i
in the Paris offices of the John Fisher-Smith might in the U.S. be lawful ;
O.E.C.D. (Organization for public protest or speech }
Economic Cooperation and under the Bill of Rights.This
Development, an interns- would be a dreadful threat to
tional policy organization human rights. When govern- I
made up of 29 rich countries.) ments and taxpayers are to be punished for every s
Ronnie Dugger, co-founder of the Alliance for . citizen protest, worker strike, or civil unrest or t
Democracy, in a recent talk in Ashland, said corpo- embargo — events that arise when people want a I
rations are so powerful today only because the redress of grievances—it is bound to lead to severe I
Supreme Court in 1888 "insanely decided" by a repression. t
stroke of the pen and without public debate that cor- • The M.A.I. denies countries the right to distin- ,
porations have the same rights as persons under the guish between different investors and countries — 1
equal protection clause of the 14th Amendment of giving all countries most favored nation status to
the Bill of Rights. What the MA.I.does, in effect, is investors from any country.
to extend the right of equal protection under the law Under M.A.I.,for example,we could not prevent a
for investors throughout the world.Thus,MA.I.is a consortium of investors(which is defined as almost
Bill of Rights for corporations,giving powerful new anyone, including governments) from the Middle
license for exploitation and the right to sue govern- East from purchasing our U.S. oil wells and tanker
ments, but no equivalent responsibilities for the fleets and selling our oil reserves to whomever they
good of the commonweal. pleased at whatever price they wished.
Public Citizen's Lori Wallach, in her March 5, •Countries will be enticed to join M.A.I.by being
1998 testimony to the U.S. House Committee on offered reservations, written in to placate opposi-
International Relations, called attention to several tion. However, M.A.I. contains provisions called
problem areas.I have drawn from and elaborated on rollback and standstill that require governments
that text as follows: over time to eliminate even those policies for which
• The M.A.I:s terms are extreme. It would they have taken reservations.
empower foreign corporations and investors with •Once a country enters the M.A.I., it is bound to
new rights and burden the U.S.government and U.S. all M.A.I. obligations for a minimum of 20 years,
states with new obligations to these investors, and including the obligation to pay foreign investors
eliminate many states' rights enshrined by our and corporations charging that government policy
Constitution as part of our federal system of gover- has undermined their profits.
nance. As a condition of the defeat of Fast Track last
• The M.A.I. would cause an enormous shift of year,which would have allowed the Clinton admin-
power away from democratic governments and istration to get M.A.I.past Congress without debate,
toward foreign investors and corporations, and M.A.I., which is said to be 95 percent complete, will
empower foreign corporations and investors to sue, be slipped to the Senate very soon for ratification as
governments directly in the forum of their choice a"trade treaty"—thus,bypassing Congress entire-,
for cash compensation in retaliation for almost any ly.
government policy or action that underlines profits. It is urgent that people contact the president,
For example, under NAFTA (similar to M.A.I., Secretary of State Madeleine Albright,Oregon Sens.
but less severe), the Ethyl Corporation is presently Ron Wyden and Gordon Smith,and the silent major-
suing the taxpayers of Canada for$251 million(U.S.) ity of the media, and let them know how you feel
under the expropriation and compensation concept about M.A.I.'s stealth and lack of public debate,and
for not being allowed to sell its M.M.T. gasoline how you feel about giving away representative local
additive, a suspected neurotoxin banned in Canada. control of our destiny to oligarchic rule in Paris,
Ethyl's lawyer gleefully calls this "paying the pol- Brussels, or Geneva.
luter"to not market their product. John Fisher-Smith lives in Ashland.
Testimony of Lori Wallach, Thursday, March 5, 1998
My name is Lori Wallach and I am the director of Public Citizen's Global Trade Watch. Public Citizen is the
national consumer group founded in 1971 by Ralph Nader. I am a wade lawyer and Global Trade Watch is
staffed by researchers and economists specializing in international trade and investment.
I would like to thank the Chairwoman for conducting this congressional hearing on the Multilateral Agreement
on Investment (MAI). Chairwoman Ros-Lehtinen, you are doing a service to the nation by holding what is
remarkably the first MAI hearing to be held by the U.S. Congress, The MAI, which has been aptly labeled
"NAFTA on steroids" is 90 percent compete and was supposed to have been signed last May.Last week at
negotiations in Paris, countries issued a statement saying that completion of the MAI by this May is possible.
Luckily, the new-found attention this extreme treaty is now obtaining has made this May deadline less than
certain, although still the current target.
Few people even know that the MAI has been under negotiation since 1995 at the Organization for Economic
Development and Cooperation (OECD) in Paris. Around the world, legislators, scholars,citizens. activists,
and indeed almost everyone outside the narrow cadre of representatives of government commerce agencies and
industry negotiating the treaty have been unaware of the very negotiations, much less the 170 page text which
the OECD reports is 90 percent complete.
The goal of the MAI is to expand the same extreme multinational corporate agenda of undennining countries
sovereignty and disempowering even legitimate government action which is found in the GATT-WTO. The
MAI would expand this agenda to curtail government actions in the few vital economic sectors not already
covered by GATT-WTO rules.The MAI would handcuff the ability of the U.S. government to impose
conditions on:
o where and under what terms investment in manufacturing and services in the United States could be
established;
o trade in currency and measures intended to avoid speculative meltdowns as has occurred recently in both
Mexico and Asia;
•portfolio investment,such as trade in U.S. financial instruments such as stocks and bonds: and
• foreign ownership of U.S. land and ownership or concessions to natural resources.
A country joining the MAI would be strictly curtailed from taking any actions in these areas not approved
under the MAI.
Even as massive shifts in investment and currency flows have reshaped our world in the past decades,
investment issues have achieved less public,press and policy attention than trade flows. However,many
multinational corporations, including major financial interests,hme focused on investment issues.They have
quietly but aggressively pursued global investment rules to suit their narrow interests.
The OECD,where MAI negotiations are housed,is the Paris-based invitation-only secretariat that includes 29
countries, including the world's wealthiest nations. In the past, the OECD has not conducted binding treaty
negotiations. However, with the MAI, the plan as noted in the recent OECD Paris statement of February 18,
1998 is to lock in ternts fora treaty and then open it for accession by developing nations.The pressure will be
immense for all countries to join the MAI,as it will become the equivalent of a "Good Housekeeping" seal for
approval for investment.
Given that the MAI would represent an audacious expansion and consolidation of the power of investors and
international corporations relative to the nation state, one wonders how such a treaty.targeted for completion
April 1998, could come so close to realization? Indeed, the MAI's original completion date was May 1997, a
time when literally only a handful of legislators in any of the involved countries even knew what the initials
MAI meant.
In my testimony, I will cover several points:
1.The nearly-completed MAI treaty has been negotiated in tight secrecy without authority from or consultation
with the U.S. Congress. .
2. The MAI's terms are extreme. It would empower foreign corporations and investors with new rights and
burden the U.S. government and U.S. states with new obligations to these investors. For instance, the MAI
would eliminate many states' rights enshrined by our constitution as part of our federal system of governance.
3. The MAI would cause an enormous shift of power away from democratic governments and towards foreign
investors and corporations as regards U.S. domestic policy concerning foreign direct and portfolio investment,
currency trading and numerous business, development, land-use, zoning, environmental and other laws.
Among other features,the MAI would empower foreign corporations and investors to sue governments
directly in the forum of their choice for cash compensation in retaliation for almost any government policy or
action that undermines profits.
4.The MAI denies countries the right to distinguish between different investors and countries in establishing
terms of treatment.Thus,policies such as the embargo that ended apartheid in South Africa or the several state
embargos on Burma or laws such as Helms-Burton or RSA would be forbidden.
5.The MAI contains provisions called"Rollback" and "Standstill" that require govermnents over time to
eliminate even the policies for which they have taken reservations.
6. Once a country enters the MAI, it is bound to all MAI obligations for a minimum of 20 years, including the
obligation to pay foreign investors and corporations charging that government policy has undermined their
profits.
I. MAI NEGOTIATIONS SHIELDED BY INTENSE SECRECY
For the last three years,the MAI negotiations have been veiled in secrecy. Indeed,U.S. government officials
denied the existence of an MAI text until one day in late January 1997, when a coalition of international citizens
groups managed to liberate a copy of the text. It was only in the context of the recent citizens'victory in the
United States against fast track trade authority and the release,by my organization and other citizens groups
worldwide of a draft MAI text,that the Clinton Administration even began briefing the committees with direct
jurisdiction over international commerce or investment on the MAI.
The State and Treasury Departments,which have spearheaded the MAI negotiations for the United States,have
not recognized the pressing need for Congressional and public input into the talks.
This unseemly wall of silence is not unique to the United States. In France, a leading politician of the
governing party who chairs the committee responsible for investment policy only recently learned of his
government's MAI actions. In Canada,provincial premiers were so angered to learn about the almost-complete
MAI in recent months that more than half have come out against the treaty.causing a political crisis in Canada.
To the U.S. State Department's chagrin. the text is now posted in full on Public Citizen's website at
www.citizen.org.
IL A TREATY OF CORPORATE RIGHTS AND GOVERNMENT OBLIGATIONS
A review of the text shows that like most international treaties, the MAI establishes a series of rights and
responsibilities. Unlike other treaties,the rights granted in the treaty go only to foreign investors and
corporations, while the responsibilities go only to governments. Additionally in contrast to all existing
treaties• once governments enter into the MAI, they are irrevocably bound to its terms for 20 years.
The core chapter of the MAI actually is entitled "Investor Rights." These include the absolute right to establish
an investment (this includes purchase of land, natural resources, telecommunications and other services, and
currency) under deregulated terms set forth in the treaty. Governments are given the obligation to ensure
"effective enjoyment" of such investments.
A. FOREIGN INVESTORS. GRANTED RIGHT TO SUE U.S. GOVERNMENT FOR ANY
ACTION THEY CLAIM UNDERMINE PROFITS
To guarantee this,the MAI contains broad provisions providing that foreign investors and corporations will be
compensated for actions a government takes that undermine their ability to profit from their investment.
Labeled "expropriation and compensation" in the MAI text, these provisions are nothing like the
common law notion found in the U.S. constitution of compensation through due process when the
government, for instance, takes property to build a road.
Instead,the MAI language obligates governments to compensate for actions having the "equivalent effect"
of even an "indirect expropriation." What does that mean? " ...[A) lost opportunity to profit
from a planned investment would be a type of loss sufficient to give an Investor
standing...," according to the text.
The "expropriation and compensation" rules are the MAI's most dangerous provisions. They arm every
foreign investor or corporation with the power to challenge neatly any government action or policy--from
taxes to environmental or labor rules to consumer protections as a potential threat to their profits. In the U.S.,
there was a push to pass similar language guaranteeing compensation for U.S. property owners for an array of
government actions and regulations not now considered "takings." The U.S. Congress perceived that such a
policy would foster endless anti-government, anti-public interest attacks that would effectively paralyze
government action. Some conservatives rejected the idea as exposing the government to dangerous financial
liabilities. Environmentalists and state and local governments rejected the idea as undercutting even the most
basic land use and health policies. Now the U.S. Congress is facing the news that the MAI would give every
foreign investor and corporation even greater rights than the Congress denied U.S.property owners. As the
U.S. Congress cuts the welfare programs supporting poor families, it will be politically difficult to approve a
new global corporate welfare program.
ETHYL CASE SHOWS "EXPROPRIATION" HAZARD: If MAI's expropriation notion seems too
extreme to believe,consider the case of Ethyl Corporation.That U.S.-based company is using the much more
limited NAFTA expropriation provisions to sue the federal government of Canada for U.S. $251 million. In
April 1997,the Canadian government banned a gasoline additive called MMT-a suspected neurotoxin that
damages pollution systems in automobiles. Ethyl is the world's only manufacturer of MMT, which is banned
in some U.S. states. The U.S. Trade Representative's office refused to pursue the case using the governmental
dispute resolution system of NAFTA. So.Ethyl Corporation filed its own direct expropriation action against
the Canadian government claiming that the very act of the Canadian parliament debating an MMT ban
constituted an expropriation of the company's assets.
Unbelievably,the case is proceeding towards a ruling. If Ethyl wins, the taxpayers of Canada will owe the
private corporation the U.S. $251 million. Barry Appleton,the New York-based lawyer who initiated the
Ethyl case, now calls this expropriation concept the "paying the polluter" provision, a cruel twist on the
"polluter pays" principle. Such a mechanism would greatly impede government action to protect the
environment conserve natural resources, ensure fair treatment and safe conditions for workers or shape
invesunent to suit community interests.
Indeed, another of the enumerated investor rights that could trigger an expropriation action is "protection from
strife." Under this provision, governments are liable to investors if there is "civil disturbance" to say nothing
of"revolution, states of emergency or any other similar events." This means that governments owe an
obligation to foreign investors to ensure there is no "strife" that could undermine their profitability. Of course,
in the United States we still call "civil disturbances" protests,boycotts and labor strikes. Under MAI rules.
however, these tools of social justice would just be additional opportunities for investor to seek payment by
our governments of our tax dollars for their 'lost" profits. And then there are the unpleasant new incentives for
governments such MAI Hiles would present to squelch such freedoms of expression.
B. NO ACCOUNTABILITY FOR INVESTORS IN TREATY, ONLY NEW OBLIGATIONS
FOR GOVERNMENTS
Meanwhile,the MAI does not include an attendant set of obligations or accountability for investor conduct or
even for the prohibition of anti-competitive business practices under which citizen could sue for compensation
from corporations. The MAI lacks binding provisions on corporate responsibilities vis-a-vis labor practices,
local communities,or ethical behavior. Indeed, vague language on environmental concerns that the U.S.
promised to offer in an attempt to quiet environmentalists.has never been tabled. Observers speculate that the
U.S. trade and commerce officials hope that by waiting until the last moment,even such non-binding language
can be minimized.
C. UNDERCUTTING LOCAL, SMALL BUSINESS DEVELOPMENT PROGRAMS
Another specific MAI investor right is the strict application of the principle of"national treatment" meaning
governments would be prohibited from treatingforeign investors differently from domestic investors.
Whatever your opinion of the concept that foreign and domestic investors must always been treated the same,
the MAI goes one step beyond.
Under the MAI, it is the imD-a-cl of a policy-- not its intent or a law's textual meaning--that is considered.
Thus,facially neutral laws that can be shown to have an unintended discriminatory impact on foreign capital
would be forbidden. This means neutral laws placing limits on the expansion of extractive industries such as
mining or forestry,would be vulnerable on the grounds that they discriminate in effect against foreign
investors trying to gain new access to resources relative to domestic investors who already have access.
Similarly,policies worldwide benefitting small business or preferential treatment aimed at fostering
development of certain categories of investors or investments. such as the European Union's (EU)program
promoting development in economically stressed regions,could be attacked if a disparate impact can be
shown.This would not be difficult given that it is not large multinational investors. but local entrepreneurs
generally who obtain the tax breaks or other favorable government treatment.
As well,the MAI could provide the U.S. tobacco giants a new way to get rid of Thailand's public health laws,
and similar laws in other countries.In response to a public health law in Thailand aimed at limiting smoking, in
the early 1980s the U.S.Trade Representative took Thailand to the GATT. GATT struck down the Thai ban of
all cigarette imports but let stand the 100'%bah on advertising and public vending machines.The GATT
dispute resolution panel noted that advertising bans would have a stronger impact on new foreign brands trying
to establish a market share against established local brands. However.GATT Wiled that it would allow this
disparate impact because the narrow public health exception in GATT provided limited flexibility for a law
whose intention was not discrimination,even if that was its effect. The MAI does not have even such narrow
public health exceptions and specifically targets such unintended secondary effects.
NO LIMITS ON FOREIGN OWNERSHIP OF LAND, SERVICES: Even a narrow notion of
national treatment would restrict laws that limit foreign ownership of certain land.For example, many
countries and U.S. states have laws requiring domestic ownership of farm land. Indeed,the very basis of land
r redistribution programs in developing countries is to get farmland into the hands of local residents. Yet, under
the North American Free Trade Agreement(NAFTA,)on which MAI is modeled, Mexico was required to
change the land reform provisions of its national constitution.These reforms,created after the Mexican
revolution, were eliminated to allow U.S. and Canadian investors to bury up large tracts of land. In four years
of NAFTA, this change has resulted in massive dislocation of peasant farmers as agribusiness companies have
accumulated large plantations.
Similarly, the national treatment rules cover privatization. Thus,if the California state government decides to
sell off a water utility, bidders worldwide must be given the same access as Californian or any U.S. investors,
including for instance a local democratically-controlled cooperative. Americans are not ready to call Indonesia
when their water is cut off. Nor are they ready for the privatization of their kids schools to Australian
investors.
D. LOCAL, STATE AND FEDERAL GOVERNMENT FORBIDDEN TO SET TERMS
UNDER WHICH FOREIGN INVESTORS MAY OPERATE
The MAI also includes a broad ban on "performance requirements." These are measures many countries
use to shape investment to benefit broad public interests. The MAI would forbid maintenance of even such
requirements that treat foreign and domestic investors and corporations precisely the same. What is at risk?
Many governments require investors to hire some local employees or minority employees. Similarly, laws
such as the Community Reinvestment Act, which was designed to promote investment by banks-- domestic
and foreign -- in impoverished areas,would run afoul of these restrictions. The law conditions regulatory
approval for new bank branches on a bank's record with regard to making loans and other investments in
under-served locales. Such conditions are precisely what the MAI aims to eliminate.
MAI RULES SET UP AN ASIA-STYLE CRISIS IN THE U.S.? Ironically, the MAI's ban on
performance requirements would also abolish the very policy tools that countries need more than ever to
counter currency attacks and stabilize national stock markets. With currently over$1.3 trillion in
non-productive trade occurring daily (such as currency)the MAI would impede much-needed effort%to
stabilize and reduce the role of speculation id the global financial system.For instance,the MAI would
undercut countries' authority to regulate capital flow.This would prevent countries from imposing conditions
on portfolio investment such as "speed bumps" requirement%that investors hold onto financial instruments for
a certain length of time. Such mechanisms have helped some countries to avert disasters like the Mexican peso
crisis. Indeed, when the Mexican currency collapsed in 1995,it was Chile with its investment "speed bumps"
that alone avoided the so-called "tequila effect" of regional economic turmoil.
Also,many environmental laws and standards could be challenged under the MAI as conditions to investment.
Indeed,the MAI has generated unified outrage among environmentalists worldwide because the ban on
performance requirements is a slippery slope of environmental deregulation for foreign investors and
companies. Many U.S. states have unique laws that are designed to protect natural resources.For example,
several states require that glass or plastic containers are made from a minimum percentage of recycled content,
and some practice preferential purchasing of materials made with recycled content. Not only do laws that
restrict land ownership and use seerningly violate MAI's national treatment miles, they risk violation of the ban
on performance requirements. For instance, the U.S. states of Oregon and Idaho prohibit unprocessed timber
sales to foreign companies. Several European countries plan to adopt bans on tropical timber.
Sadly,the U.S. has already unilaterally given up many of the mechanisms most effectively used to shape
investment for the public interest. However,rather than demanding the rest of the world join us shivering
naked, we should ensure that an MAI does not foreclose the future ability of the U.S. to "re-clothe" itself.
E. DISARMING U.S. GOVERNMENT 'OF EFFECTIVE ENFORCEMENT OF ARMS
CONTROL, HUMAN RIGHTS , OTHER INTERNATIONAL OBJECTIVES
" The MAI also would apply the principle of"Most Favored Nation" (MFN)treatment to investment rules,
requiring equal treatment among all foreign investor and target counties.This would prevent govermnents
from distinguishing between foreign investors or foreign investment targets based on countries' human right%,
labor or other criteria.
It has been said that if the MAI bad been law in the 1980s.Nelson Mandela would still be in jail. This is said
because the MAI would require revocation of investment boycotts or restrictions except those defensible under
a narrow "essential security" exception. A paper now being prepared at the Harvard Law School describes in
detail how the MAI would contradict many existing hunrw rights treaties and ravage the enforceability of those
rights.
It is this provision that would also rule out laws like Massachusetts' selective puchasing law aimed at Burma
and the federal laws like ILSA and Helms-Button.
III. POWERFUL ENFORCEMENT BY FOREIGN CORPORATIONS FOR FOREIGN
CORPORATIONS.
The MAI stands to transform governance around the world by literally replacing many roles now performed by
governments with direct,corporate rule. Included is enforcement of international treaties.
Unbelievably, the MAI would confer on private investors and corporation the same rights and legal standing as
national governments to enforce the MAI's terms.The MAI empowers private investors to initiate MAI
enforcement actions when they choose at the tribunals of their choice against governments. Among the listed
fora to which investors and corporations can drag national goventments is the arbitral panel of the International
Chamber of Cornmerce! Before such inherently biased arbiters, investors are granted the power to claim
compensation because they have not obtained all the benefits promised under the treaty.
This dispute resolution system, called "investor to state" in the MAI text, would be binding on
governments with enforcement through monetary fines. How could governments be brought to such fora or
trade to pay up?The MAI text includes a provision that binds governments to "unconditional consent to the
submission of a dispute to international arbitration." Such a system would newly expose governments to
untold legal and financial liabilities from which they are now shielded through the concept of sovereign
immunity in domestic legal systems.
Interestingly, the language in this section makes clear that only investors and corporation, not citizens or
communities have such private rights of action.
To underscore the significance of this MAI proposal, consider that such private legal rights against
governments for international enforcement proceeding do not exist in the powerful and far-reaching WTO. The
WTO secretariat,fifty years of GATT history'and a vast majority of WTO members steadfastly adhere to the
principle that only national govenunents should have rights in international agreements.
The MAI also provides state-to-state dispute resolution through international tribunals modeled on the WTO.
With no conflict-of-interest or transparency rules,due process guarantees or other basic judicial safeguards,
there is no reason to expect the MAPS internal tribunal to show any more wisdom than WTO panels.In the
past month WTO tribunals have sacked the EU's ban on hormone-tainted beef(a law consumers in the U.S.
envy while our.government attacks it) and dodged a major case on market access in Japan.
U.S. WOULD BE BOUND TO MAI OBLIGATIONS FOR 20 YEARS: If'all of this were not
outrageous enough,the MAI's crowning provision denies counties the right to give notice that they want out
of the treaty until after five years of membership.Then, a county remains bound to all of its obligations to
foreign investors and corporations for an additional 15 years!
IV. THE POLITICAL SITUATION
Given the details of the MAI, government and industry proponents have resorted to broad generalities in
describing the MAI. "Don't worry," they argue. "there's nothing new in this treaty. It is just about
'rationalizing' existing investment practices."
Yet, the MAI, like a political Dracula, simply cannot survive the sunlight of public scrutiny. The sudden
revelation of the MAI text in Canada has ignited political turmoil greater than that of the decade old fight against
free trade with the U.S. In New Zealand, the parliament exploded into fury against the government when word
leaked out. In the U.S., the MAI was attacked on the floor of the Congress, groups of Representatives sent
around letters opposing the treaty and the conservative Association of Western States Governors
commissioned a major study listing their laws that would be undermined. In the last week alone, Secretary of
State Madeleine Albright has received more than 27,000 letters and calls from U.S. citizens opposing the MAI.
The recent attention has forced negotiators to attempt to convey the impression that potentially affected interests
are finally being consulted. Unfortunately, this activity has been a public relations charade. Indeed, after one
fruitless session, named an "informal consultation" by OECD and a waste of time by non-governmental
organization attendees from around the world who trekked to Paris for the meeting, the OECD has totally
ignored the NGOs' specific set of demands and questions. Thus, the citizens groups have unanimously
rejected further invitations to meaningless dog-and-pony shows.
The consensus of these groups --representing numerous countries and diverse interests --was that the draft
MAI text was so fundamentally flawed that it needed to be entirely replaced with a balanced set of international
investment Hiles. A proposal to add a "social charter" onto the MAI, rather than replacing its underlying rules,
was thoroughly dismissed by environmental, human tights, and consumer experts who consider the
suggestion to be similar to putting sweet frosting on a cake laced with strychnine.
VAGUE GENERALITIES FAIL TO ADDRESS SPECIFIC CONCERNS: Government MAI
boosters have no answers when challenged with the MAI's specific terms.Thus, their latest tactic is to promise
to take numerous exceptions and reservations to the treaty. Of course, by admitting that they must take
numerous exceptions to safeguard their laws,the governments have provided the latest evidence of precisely
how much of our existing domestic law and policy the MAI puts at risk. Yet.it is not comforting that our
governments are promising to wrap our valuables in paper while adding more fuel to the fire consuming our
house.
"EXCEPTIONS," "GRANDFATHERS," AND OTHER EMPTY POST HOC PROMISES:
Now admitting that the MAI could have drastic effects on existing laws,governments are falling all over
themselves to promise that while other countries will be bound to tough investment rules, all U.S. domestic
laws will somehow be set safely aside through proposed exceptions and grandfather clauses. The
Administration's panic to lull growing legislative opposition to the MAI until the treaty can be finished is
mirrored by the increasing doublespeak by many national governments about the MAI.
For instance,right now governments in Canada and France are publicly committed to ensuring broad MAI
exceptions for culture, while U.S. negotiators have their strict marching orders from Hollywood to use the
MAI to pry open these very sectors.
State Department officials are trying to calm the Senators who would both control the treaty's U.S. ratification
process and support the Helms-Burton Act by promising to get a broad exception on such unilateral actions.
Yet, the same European counties who would have to accept this proposal are at this moment are poised to
challenge Helms-Burton at the WTO because the U.S. Congress refuses to change the law.
But more pointedly, years of experience with the GATT and now WTO, as well as other international
commercial agreements has shown that even the so-called full "carve out" exceptions often prove meaningless.
Just ask the banana growers in the Caribbean who were savaged in a U.S.-initiated WTO challenge of
European banana trade policy. The EU had a full reservation in the WTO for the Lome Convention which sets
banana trade terms. Like the WTO, at the MAI there would be no outside appeals when such exceptions are
simply disregarded.
MAI RULES REQUIRE ELIMINATION OVER TIME OF EVEN GRANDFATHERED
LAWS: Additionally, the MAI contains provisions called "standstill" and "rollback" which bind
governments to take no further actions in areas covered by the treaty and to systematically eliminate
non-conforming laws that do exist. The French-language text of the MAI is the most descriptive as to why
reservations and exceptions are meaningless; that text uses the more accurate word "dismantlement' instead
of the sanitized term 'rollback."
V. CONCLUSION: WHO DECIDES IF THE MAI IS IN THE U.S. NATIONAL INTEREST?
Interestingly, the WTO was not ratified as a treaty in the United States. Under the U.S. constitution, treaties
must be approved by two-thirds of the upper chamber of Congress --- no easy feat.However, in the heat of
the recent fast track debate,the Clinton Administration was pressured into committing to Congress that the
MAI would be considered as a treaty.
As a political matter.Administration officials, noting the growing congressional opposition.have started
saying maybe the U.S. can enter the MAI without any congressional approval.These officials would like to
get around Congress'participation by relabeling the MAI an "international executive agreement," even though
it is clearly a treaty with major lasting implications.
As a policy matter, one must question further investment deregulation and government disempowerment at the
very moment the results of the status quo model of globalization are proving most unacceptable. Already
today, any nation wanting to respond to public demands to address widespread economic and social problems
-- such as the Asian economic crisis--must do so in the context of massive international investment flows,
increasingly uprooted capital and corporations, and attendant economic instability worldwide.This is a
situation that needs to be remedied-- not expanded worldwide through the MAI. Certainly it is counter to
citizens' interests to escalate it worldwide with the MAI.
more on the MAL..
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CITY OF ASHLAND
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Department of Public Works
Public Works Administration
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MEMORANDUM "
DATE: April 21, 1998
TO: Honorable Mayor and City Council Members
FROM: Paula C. Brown, Public Works Director/City Engineer��
RE: SNOW MELT AND SPRING RUN-OFF CONCERNS
Background
The 1997 New Year's Flood left a lasting impression in our City. There are continuing concerns
with regard to potential flooding,flood prevention measures,and future flood mitigation efforts.This
year's outstanding snow pack, which has allowed an extended ski season, but has also brought
additional concerns regarding spring snow melt and it's potential for high water events.
Current Conditions
I have spoken with the Ashland Ranger District and Forest Service hydrology and geology
personnel. We receive monthly snow course (snow pack and moisture content) reports. In
discussing and reviewing prior historical data, although this year's snow pack is high, there are
differing circumstances than there have been in the past when there were high water run-off events.
Currently (March 29, 1998 Ashland Ranger District Snow Courses Report), Mt. Ashland has an
average snow depth of 104 and 110 inches, with a water content of 43 and 42 inches at the
Switchback and Caliban II measuring courses. Both of these measurements are taken at 6500 feet
in elevation, and both drain to the Ashland Creek watershed. The report from the Ranger District
noted that these measurements were about 25%above normal in snow depth and 37%above normal
in water content. Today's measurement at Big Red Mountain (8 miles west of Mt. Ashland in the
Little Applegate drainage area) at an elevation of 6250' shows a water content of almost 35 inches
which is about 30%above normal. It is expected,based on this information,that the snow courses
at Mt. Ashland may be slightly higher in water content today than the March report indicates.
Historical Impacts/Trends
Historically,we have seen snow packs at this level and higher. In April 1995,we had snow depths
of 117 and 120 inches (Switchback and Caliban II measuring courses, respectively) with water
content of 47 and 43 inches. Spring run-offs although heavy in 1995, did not cause any flooding
events. The highest snow records occurred in April 1983, when snow depths were 160 and 169
inches with water content of 57 and 58 inches. During May of 1983 there was a 100 degree
Memorial Day weekend creating significant run-off that resulted in landslides(Sheep's Creek Slide)
but limited "flooding". The differences between that year and now was that the snow levels were
at much lower elevations (3000'). This year the lower elevations do not have snow, and the snow
level is currently well above 5000'. This year the majority of our lower elevation snows were gone
after spring break (the week of March 22) when we had a little bit of warm weather followed by
warmer rains at the lower and mid level elevations. Since then it has been cold with only moderate
amounts of snow at higher elevations and an increase in water content. As such, the potential for
significant high water events is minimal.
Potential Dangers
Our biggest concern with the snow levels, depths and water content that we have now would be a
prolonged (7-10 day)period of warm (70-80 degree) days with warn rains. It has been relatively
dry and the ground will absorb some rain (2-3 days at a minimum). Under "normal" conditions
(warmer weather with spotty rain events), we will still have considerable run-off and some high
water contained within the creek banks,throughout the months of May and June, and possibly into
July. This is actually what we want for our water source to ensure maximum amounts of water later
in the summer.
Next Steps
For the future we will be looking at developing better links between weather patterns, snow levels,
moisture content,and depths so that we have a better gage of the run-off and negative impacts due
to significant run-off. I will be working with the Forest Service and links with the National Weather
Service to see how we can better track and predict run-off amounts. We may want to look at gaging
stations on the east and west forks of Ashland Creek to track the lower elevation impacts and be able
to better evaluate the impacts of run-off. In the past we typically close all of the gates at Hosler Dam
in early March as a matter of practice. I would like to have a better sense of weather and some flood
control measures to track for the timing of closing these gates in the future.
Questions?
I would be happy to answer questions, or take questions to get back to you if I do not have the
answers. I can be reached at 552-2411.
' 6/18 --
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